a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house, decemb. . & . . as also, a true copy of a letter / lately written by an agent for the army in paris, dated of novemb. , to a member of the said house, a great creature and patriot of the army; clearly discovering, that their late remonstrance and proceedings do drive on and promote the jesuits and papists designes, to the subversion of religion, parliament, monarchy, and the fundamental laws and government of the kingdom. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house, decemb. . & . . as also, a true copy of a letter / lately written by an agent for the army in paris, dated of novemb. , to a member of the said house, a great creature and patriot of the army; clearly discovering, that their late remonstrance and proceedings do drive on and promote the jesuits and papists designes, to the subversion of religion, parliament, monarchy, and the fundamental laws and government of the kingdom. prynne, william, - . , [ ] p. [s.n.], london : printed in the yeer . attributed to william prynne. annotation on thomason copy: "dec: ". reproduction of the original in the british library. eng pride, thomas, d. -- early works to . england and wales. -- parliament. -- house of commons -- history, ( th century) -- early works to . england and wales. -- parliament -- expulsion -- early works to . monarchy -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house, decemb. . & . .: prynne, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house , decemb. . & . . as also , a true copy of a letter lately written by an agent for the army in paris , dated of novemb. , to a member of the said house , a great creature and patriot of the army ; clearly discovering , that their late remonstrance and proceedings do drive on and promote the jesuits and papists designes , to the subversion of religion , parliament , monarchy , and the fundamental laws and government of the kingdom . london , printed in the yeer . a true narrative of the officers and armies forcible seizing and suspending of divers eminent members of the commons house , december , & . . the officers and councell of the army , being discontented with the votes passed in the commons house upon a long and serious debate ( which continued all munday , and munday night last , till tuesday morning about of the clock ) to this effect , that the kings person was removed out of the isle of wight by the generals command , without the knowledg or consent of the house . and , that the kings answers to the propositions of both houses upon the treaty , were a sufficient ground for the house to proceed to the settlement of a safe and wel-grounded peace . on wednesday , the sixth of this instant december , . placed strong guards of the army ( as well horse as foot ) in the palace yard , westminster-hall , the court of requests , and in the stairs and lobby leading to the commons-house , where col. pride ( who commanded the guards that day ) sir hardresse waller , and other officers , violently seized upon divers knights , citizens , and burgesses of the commons house in the parliament stairs and lobby , as they were going to the house , to sit and discharge their duties there , and by plain force thrust and carried them prisoners into the queens-court , notwithstanding their open protestations of breach of priviledg of parliament , without having any warrant for such commitment but their swords , or assigning any cause at all but their own arbitrary wills : and there kept them prisoners under a strong guard , denying them liberty of access to the house , which they desired . mr. edward stevens and col. birch being gotten into the house before their seizures , were called to the door by feared messages sent to them by the officers , under other mens names , and there seized on , and violently pulled out of the house , though they cryed out to the speaker to take notice of the horrid force upon them ; and so were haled thence into the queens court ; harry martin the horse stealer , though in actuall rebellion against the house , and formerly ejected out of it , being in the mean time admitted to sit as a competent member . the house being informed of this strange violence offered to their members by those who professed themselves their servants and protectors , sent the sergeant of the house to the queens court , to demand the members there detained , and required their attendance in the house : which message , though delivered , was disobeyed , wherewith he acquainting the house : thereupon the house sent the serjeant forth with the mace , to fetch away the imprisoned members , but the soldiers and officers violently kept him back at the door , and would not suffer him to execute their command . hereupon the house resolved not to proceed till these members were restored ; yet notwithstanding the officers stil proceeded to seiz more members , as they came to , or went from the house , carrying them all prisoners to the court aforesaid . about three of the clock in the afternoon , hugh peter with a sword by his side , like a boisterous souldier came rushing in to see the prisoners , and take a list of their names , by order from the generall , as he alledged ; where some of the prisoners demanding of him , by what authority they were thus imprisoned and kept from their duty , he answered , by the power of the sword ; and returning thither soon after , he released sir benjamin ruddier and mr. nathaniel fiennes ( as he said ) by the like power of the sword . night drawing on , the prisoners desired the capt. who guarded them , to desire col. pride to speak with them , to the end they might know by what authority , and for what cause they were thus detained by him , being members . the proud colonel returned this answer , that he had other imployment for the present , that he could not wait upon them . soon after hugh peter and some other officers acquainted them , that they should all be removed to wallingford house , where they should have all fitting accommodations provided for them , and where the general and lieut. gen. would come and speak with them , and that coaches were provided to carry them thither : upon this assurance , the prisoners went all from the queens court , to take coach at the lords stairs ; where coaches attending them , in stead of being carryed to wallingford house as was promised and expected , they were stayed at the back-gate of hell , ( a common victualling-house so called ) and there thrust all into the common dining-room , and after that translated into two upper chambers . when it grew late , sir robert pye and some six more were offered liberty to go to their lodgings ( being neer ) upon their paroll , to appear before the general the next morning : who conceiving it inconsistent with the priviledge of parliament , and a prejudice to their cause , refused to give any other paroll , then to appear in the house the next morning ; which being not accepted , they were all inforced to remain in hell that night , most of them having no other beds to rest their heads on ( though ancient and infirm , and gentlemen of honour ) but the floor of the room , and benches and chairs : yet they patiently underwent this affront and duresse in hell it self ( culled out of purpose to put a meer signal brand of contempt and infamy upon them and the parliament ) reading and singing psalms to god , spending most of the night in discourses and walking , without taking one minutes rest or sleep . it was a very sad spectacle to see so many eminent and honourable members of parliament so uncivilly and discourteously used by their domineering servants , who exceeded all regal and prelatical tyranny in former times ; which afforded convenient lodgings and accommodations to their prisoners . the provost marshal ( under whose custody they were unworthily put as malefactors ) was so ashamed of this dishonorable usage , that after some conference concerning it , he repaired to the general to white-hall , to acquaint him with it , and receive his further order . the next morning ( being thursday ) the prisoners expecting the issue , he returned to them about of the clock , and acquainted them , that it was the generals pleasure they should all wait forthwith upon him and his councel of war at white-hall , where he desired to conferr with them : whereupon , they were presently put into coaches and carried to white hall like traytors or felons , with strong guards of horse and foot attending them , and there brought into the kings lodgings fasting , and tired out with watching the night before : where arriving about of the clock , they expected a present answer . but our new grandees and great councel of the army took so much royal state upon them , as to make them wait their leisure til it was night before they vouchsafed to send them any answer ; at which time , disdaining to call the imprisoned members in , or to honour them with their more them lordly presence , they sent out officers to acquaint then with this dilatory answer , that other intervenient affairs of great concernment were now in agitation before the general and his councel , so as they could not admit them to their presence that night , as was expected ; and that the general and his councel , for their better accommodation , had given order that they should be lodg'd at inns in the strand , to wit , the swan and the kings head , for that night , where they should receive from them the next morning some propositions to be considered of . after which , the provost marshal taking the names of those who were to be lodged at the kings head , and a list of those who were to be conducted to the swan , carried them all prisoners to the said inns thorow the streets in the dirt on foot ( except some or onely , who were lame and aged ) with a musketier attending upon every one of them in particular , and a strong guard marching before , behinde , and on one side of them , like so many traytors and capital malefactors , to the great admiration and discontent of all persons wel affected to the parliament , and joy & rejoycing to all malignants , papists , and cavaliers , who , had they been conquerors of the parliament , could not have used them with more rigour , scorn and disdain then these pious saints and grandees of the army have done , before they have attainted them of any particular crime or breach of trust ; whereof the whole kingdom can declare all or most of them innocent . being brought prisoners to the said inns , they had strong guards set upon them , and a sentinel at every chamber door all night . thus do these new usurpers of a more then regal and tyrannical power , trample upon the members of the house of commons ( their former masters ) as if they were no better then the dirt in the street ; and to exasperate the cōmon souldiers against them , have slandered the imprisoned members , to be the only detainers of their pay ; when as none of them ever fingered one penny of their moneys : and if any members be guilty of such a crime , it must be those who have most relation to the army , and professe themselves their greatest friends . thursday morning the officers and army guarding the house in the same manner as on wednesday , some of their officers standing at the commons door with a list of parliament mens names in their hands , demanded every members name as he came to the door to enter the house , and those whose names were in their list , they forcibly excluded the house , and turned down the stairs , though they earnestly pressed for entrance : and some of them acquainted the speaker by letter with the high affront and breach of priviledge ; but could finde no redresse , the officers admitting onely such who were not in the list : about members were thus forcibly excluded , but not imprisoned ; onely mr. gewen was seised upon by one of col. hewsons officers , carried prisoner to the queens court , and from thence to white-hall to the rest of the imprisoned members , who were there attending upon the general and his councel : this day the great conqueror lieut. gen. cromwel entered the commons house , and received thanks for his great services , which had been more honourable for him to receive in a full and free house , then in an empty and forced ; the house ( by reason of the restrained and excluded members , with others driven away by this horrid violence ) being not above . in number , having formerly resolved not to proceed till their members were restored , and the force upon them removed ; after some debate and opposition , the house was divided upon this question , whether they should now proceed or not ? which was carryed in the affirmative , . voting in the affirmative , and . or . in the negative , that they should not ; who presently left the house , most of them resolving to come no more till the house and members were righted ; this done , to abuse and mock as well god as men , they appointed friday for a solemne humiliation , to be kept in that house , not to expiate the armies open violation of their priviledges , force and breach of faith , both to god and the parliament , which had been commendable , but to procure a blessing on the forcible and unparliamentall proceedings , for the subversion of monarchy , religion , lawes , liberties , and three kingdomes in a moment : dethroning and beheading the king , and desinheriting his posterity , and introducing a popular anarchy and tyranny under the power of a perfidious army , worse then any slavery under the great turk : the lord humble them in good earnest for these crying sins and treasons , and either convert their hearts , or confound all their treasonable destructive devices of this kind , which will render them infamous to the present and all future generations , and bring them unto speedy ruine , notwithstanding all their present usurped power . it is beleived by divers understanding men of great experience , that the jesuits have laid this plot , and fomented these distempers in the army , by the agitators , some of them being jesuits , others anabaptists , leavened with jesuiticall principles ; who over-reach the honest-minded and plain-hearted christians in the army by their speciall pretences of justice , and speedy setling of the common-weale , but in such a way as will bring all to suddain confusion , and make our three kingdomes a prey to the popish party ; and our forraign popish enemies , who will make bonefires of joy in italy , spain , france , ireland , and other forraign parts for this unparaleld force upon the houses , and the designes of the army now in prosecution . friday morning the imprisoned members expected a message from the generall and his councell , according to promise ; but they received none , such is their dilatorinesse and fidelity in point of promise , onely one came with a message from the generall to sir robert harley to this effect , that he might go home to his house , and continue there , so as he would give his word not to oppose the present actings and proceedings of the house or army , varying in his expressions ; at which sir robert desired time to advise with his fellow prisoners , being a matter which equally concerned them ; the like offer was since made to sir john merrick , by which it is apparent , that all these prisoners crime is onely the discharge of their duty , in opposing the present designes and actions of the army , to subvert the fundamentall lawes , liberties and government of the kingdome , and the ancient forme of parliaments ; for which treason strafford & canterbury lost their heads by judgment of this very parliament . by all these passages , compared with the armies late remonstrance and declaration , it is most perspicuous to all the kingdome , . that the officers and army have offered far greater violence to the priviledges , houses , and members of parliament , and acted more towards the dissolution of this present , and subversion of all future parliaments , then ever the king or his cavaliers , the gunpowder traytors , germyn or percy did ; or the reformadoes and london apprentices did , whom yet the officers and army declared against , and prosecuted as traytors , though they neither imprisoned nor kept back any member from the houses . . that they have violated their covenants , oaths , trusts , and solemne ingagements to the parliament , city , country and kingdome , in as high or higher degree as ever the king and his evill counsellors did , in invading the priviledges , forcing the houses , imprisoning the members of parliament , and indeavouring by open force to subvert the fundamentall government , lawes , liberties and customes of the realme , and the ancient frame and being of parliaments , for defence of all which they were raised , and covenanted to fight for and maintain . that they have usurped a far greater and more dangerous arbitrary and tyrannicall power , over both houses of parliament , and their members , and over the persons and estates of their fellow-subjects , then ever the king , or the worst of his counsellors did , and that under the feigned pretences of present necessity , and common safety , of which they make themselves the only supreme iudges , not the parliament , as the king did in the case of ship-money : and therefore they must either justifie or acquit the king & his party from all those charges & objections against him in their late remonstrance , for which they presse the houses in point of justice , both to depose and execute him as a traitor to the common-wealth , or els incur the self-same crime and guilt , and subject themselves to the same judgment and execution , which they desire to be inflicted upon him and his . the names of the imprisoned members . m. wheeler . m. lane . sir samuel luke . sir thomas soame . sir benjamin raddierd . sir richard anslow . sir robert pye . sir anthony irby . m. clement walker . m. william prynne . m. bunkley . major generall massey . sir walter erle . m. greene . colonell birch . m. boughton . colonell leigh . m. henry pe●ham . m. drake . sir william waller . sir john merrick . sir martin lister . sir robert harley . col. ed. harley . m. swinfen . m. crew . m. ed. stephens . m. buller . sir gilbert gerrard . m. gerrard , m. nath. fines . sir simon d' ewes . sir william lewes . sir iohn clotworthy . lord wenman . colonell william strode . commissary copley . m. vaughan of exeter . sir harbottle grimstone . m. prisley . m. gewen seized upon thursday . sir henry cholmley seized at his lodging , and sent prisoner to the crowne . psal. . , , , , . for it was not an enemie that reproached me , then i could have borne it ; neither was it he that hurted me , that did magnifie himselfe against me , then i could have hid my selfe from him . but it was thou , a man mine equall , my guide , and mine acquaintance . we took sweet counsell together , and walked unto the house of god in company . let death seize upon them , and let them goe downe quick into hell : for wickednesse is in their dwellings , and amongst them . as for me , i will call upon god : and the lord shall save me . a true copie of a letter written by an independent agent for the army , from paris in france , to an independent member of the house of commons , a great creature and patriot of the army . extracted out of the originall . deare sir , i was exceeding glad to receive the doctors lines , that intimated your recovery from that distemper that had seized upon you ; i doubt not but it had this effect upon you , to let you see , what a fraile thing our bodies are , and what need we have to be sure of our building not made with hands , reserved in heaven for us . i am at present ( praised be god ) indifferent well , the place where i am , in respect of all outward accommodations , very well agreeing with me , and very much exceeding england , onely defective in this , that i cannot find a m. westrow , nor doctor stanes here , to make a bosome-friend ; and yet in that it is not altogether so barren as i did , and you may well imagine it : i am fallen into the acquaintance of three or foure catholikes of very great ingenuity , and in their way of much religion : undoubtedly it is an error to look at all papists through the same perspective ; for they are more to be differenced then english papists can be . i find their opinion of , and dependence upon the pope , little , or nothing what we imagine it to be , and better principled to make members of a commonwealth , then the most english ▪ their opposition to the king is not to be reconciled ; their hopes are now upon the army , to whom they wish all prosperity , as to the setling of a representative , being extremely distasted with regall hereditary power throughout the world . it seems my lord say hath undertaken to procure a passe from the house for sir kellam digby to come over to england ; he is not , according to your rule , a delinquent , but it seems came over into france by the house of commons licence , acquitted from any crime . let me desire you when it comes to be moved in your house , give it the best promotion you can ; one would think a businesse so reasonable should find no opposition : but to such a constitution as you are of , no man can tell what is reasonable . he never was in armes , and i believe , can easily answer any thing that can be objected ( save his religion ) why he should be from under sequestration . let me intreat you to speak to as many of your acquaintance as you can , that when it comes to be moved , it may not be repulsed . i could heartily wish you and mrs. westrow , and the doctor had a good occasion to bring you over into france ; ( if so ) i should not think of returning into england whilest you stayed . i have no more at present , but my own and wifes best respects to you and mrs. westrow , i remaine , paris , . novemb. . your very assured friend , a. b. by this letter it is apparent , that the jesuited papists in france are in such opposition to our king for his compliance with his houses of parliament to settle the kingdome , and extirpate masse and popery , that they are not to be reconciled to him ; and therefore indeavour to depose and bring him to execution , and disinherit his posterity . that their hopes to effect this their designe against , and execute this their revenge upon the king , are now upon the army , to whom they wish all prosperity . that they foment , and prosecute with their prayers and advice , the armies new modell for setling of a representative in parliament , of purpose to dissolve this present parliament , ( which hath acted so much against them and their popish religion , and is now giving it its finall and fatall blow , if they and the king shall close ) and to subvert all parliaments for the future , for feare of falling into the like danger by them . that independents , and friends of the army have a far better opinion of roman catholikes , then english protestants ; as being better principled to make members of a free commonwealth then they : and therefore are more likely to favour , and close with roman catholikes , then english protestants , in carrying on their new designes , expressed in their late remonstrance . that the jesuites and roman catholikes are extremely distasted with regall hereditary power throughout the world , the onely obstacle to their designes , in subverting the protestant religion , and making all kingdoms meere vassalls to the pope and sea of rome ; and therefore the officers and army in prosecuting their remonstrance , and new intended representative , and subverting regall hereditary power , do most apparently carry on nought else but the very jesuites and roman catholikes interests and designes , and accomplish their desires , either wittingly or willingly , as acting by their principles , if not counsells , and aiming at their very ends ; which is high time for all wise and well-affected protestants both in the army , parliament and city , and our three kingdoms , most seriously to consider and prevent the imminent ruine and destruction even of our reformed religion it self , and our hereditary monarchy , the present and all succeeding parliaments ; our lives , liberties and kingdomes , all now drawing to their fatall period , by the heady violence , trechery and disobedience of that very army , which hath been raised , cried up , and trusted upon too much , as their onely saviours , for which god in justice may now make them their principall and sudden destroyers , unlesse both they and we repent . finis . the danger to england observed, upon its deserting the high court of parliament. humbly desired by all loyall and dutifull subjects to bee presented to his most excellent majestie. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the danger to england observed, upon its deserting the high court of parliament. humbly desired by all loyall and dutifull subjects to bee presented to his most excellent majestie. parker, henry, - . [ ], p. [s.n.], london : printed, july . . anonymously published by henry parker. annotation on thomason copy: "by h: parker". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no the danger to england observed, upon its deserting the high court of parliament.: humbly desired by all loyall and dutifull subjects to bee parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the danger to england observed , upon its deserting the high court of parliament . humbly desired by all loyall and dutifull subjects to bee presented to his most excellent majestie . london printed , july . . the danger to england observed . that his maiesty having first declined , and after deserted and since by force of armes prepared to inv●de his great councell ( as we conceive ) doth now expect a concurrence therein according to severall messages and commands , not onely from divers persons of both houses of parliament , but also from all his loving subiects , amongst whom we of the citie of london are no inconsiderable number . that we conceive ( as the case now stands ) that it cannot be , but a most impious and mischievous thing in us , either to forsake , or by arms to seek the destruction of that sacred court ; for these reasons . first , because in former ages this kingdome hath very seldome relinquisht its representative , elected , intrusted councell , and when it hath , it hath soon found cause to repent that treachery , and instability , & commonly that repentance proved fatall both to king & kingdom . secondly , that private councell by which his majesty is incensed against his generall councell , obscures it self from the world ; neither their names nor qualities , nor their grounds of exception ●re declared or avowed . and since his majestie is now attended by so many peers , councellors of state , judges , and lawyers , and hath sufficient forces to commence warre , and cannot be imagined to obey the conduct of meere private reason , in a matter of such transcendent consequence , we are apt to thinke , that the promoters of this horrid warre would not conceale themselves and their grounds , if they were not papists , prelates , delinquents . necessitous courtiers , or such mercinary sword-men , as no nation nor age ever expected faith or pietie from . and there is a rumour here spread , that divers of the nobles now in his maiesties traine departed not from hence without great solicitation , and have not that freedome now of advice , or of accesse to his majestie , or recesse to the parliament , as was expected . nor does any thing under their hands publikely testifie , how farre they adjudge this parliament trayterous , or this warre gainst it justifiable . and yet policy , justice , honour must needs inforce this , and doth challenge it both from his majestie and from them . thirdly , we having lived nearer and beene more jealously intentive eye and eare witnesses of parliamentary proceedings , then remoter c●unt●ies , have not beene able to discover any disloyaltie in the major part of lords and commons , but on the contrary , have seene all the slaunders of their enemies , detected of villanous falshood and malice , as in the maine matters of ingrossing the publike treasure to their owne use , or seeking to corrupt the militia of the land , that thereby they might tirannize over king and kingdome , we beleeve , we see , we know the contrary , and so must needs all sober men . fourthly , if his maiestie did not relie upon allegations without proofes , and if those allegations also were not full of uncertaintie and insuffiency many times , no blood need to be shed in this difference , a legall debate even in parliament it selfe would sift out the truth to the satisfaction of all the kingdome , and neither the orators tongue , nor the souldiers arme ( whom none but times very calamitous use to imploy ) neede here to be ingaged : for sometimes his maiestie professes to have honorable thoughts concerning the parliament , blaming onely the too great influence which some malignant partie hath upon both houses , yet his maiestie names no malignants , nor specifies the nature of that influence ; sometimes his maiestie chargeth by name some few of each house , and promiseth particular charges , but publisheth none , sometimes his maiesty inveigheth against some particular votes of the maior part of both houses , condemning them as treasonable , and apparently illegall , but taketh no issue , nor assigneth any legall tryall , nor alloweth any appeale from his owne breast and sword , and though in very tearmes no warre is confessed against the parliament , yet it is mam●nifestly levied against sir john hotham , &c. for being an actor under the parliament , and treason is fixed upon all such as obey the ordinance of both houses : and yet both houses themselves must not be thought to be aymed at ; and as there is uncertaintie in the parties charged so there is the like in the crimes imputed , for sometimes the ordinance concerning the militia , beares the burthen of all ▪ sometimes some other plots & conspiracies of bringing in an arbitrary power , and aristocraticall usurpation over king and kingdome , both are intimated , and a more satisfactory narration of particulars are promised , but we see no such thing as yet performed . and thus the case not being yet rightly stated , nor the certaine traytors nominated nor the certaine treasons declared , nor any other interpreter of law , but his maiestie alone without any of his peeres or judges admitted , yet we are moved to betray that treshault assembly , whom all law , conscience and interest , nay , all that is sacred or can be neare or deare unto us , bindes us to defend with our lives , till wee are clearely convinced of their falshood to us . fiftly , divers exceptions taken against the parliament much insisted on , as that they may vote the king to be at london when he is at yorke , or declare treason to be loyaltie , and loyaltie treason , &c. savour of meere merriment , and require no other answer , if the sadnesse of the times would allow it , for though generall consent inable the parment very farre , whilst it is not abused , yet that being all the basis of their power when that shall fall away ( as it doth when grosly abused ) all derivative power vanishes with it ; and story tells us that the kingdome sometimes hath causelesly out of levetie and love of noveltie , betrayed the parliament , but no age ever saw one parliament that proved treacherous to the whole kingdome . sixtly , as we see none but good fruits in this publike councell , so we see none but bad in its private opposite , for when we see his maiesty at the same time raysing forces here against a parliament , not iustly convinced of treason , and yet not affording his ready assistance to supplies for ireland , whilst many protestants are murdered daily there for want of the same , and that by the hands of those bloody miscreants whom his maiestie never mentions without horror . and when wee see all intentions of forces abiured , and with such high imprecations disclaymed , except for a guard onely , and yet as soone as forces are increased thereby , open defiance proclaimed to all which adhere to the parliament in orders made for publique safetie . and when we see the intrusting of the publike militia into faithfull hands by authority of the whole state thundred against as oppressive to the subiect , and yet at the same time , commissions of array issued out to such as my lord rivers , &c. the said commissions being as illegall and vexatious , and dangerous , and so generally known to be ; as the ship-scot was , when we see these things and many other like we grieve , we bleed inwardly for his maiesty , & it seemes prodigious to us that so gentle a prince should indure so much , so many yeares together for such ministers sakes contrary to the prayers and advertisements of this whole glorious brittish monarchy . seventhly , his majestie rests onely in generalls ( which according to his majesties owne words amount to just nothing , for as generall complaints of subverting law , and subjecting both king and kingdome to lawlesse arbitrary rule , are pressed against the parliament , so nothing but generall promises , of making us a happy people , and consenting to all just requests , are uttered by his ma●estie : at this present when his majestie prefers private advise before publique , yet he attributes generally all due respect to parliaments : and when his majestie takes up the sword against the parliament , the highest court of law in england , and not condemned , but by edict law onely , ( no peere , judge , &c. appearing in the condemnation ) yet this sword is said to be taken up meerely to protect the law ; this strange persecution of a parliament , and all its favourers , by fire and sword , which to our ordinary apprehensions seemes so dismall and fatall , especially at this time , when it is as great a benefit to popish rebels in ireland , as it is a scourge to loyall protestants in england , & this must seeme not only to stand with his majesties generall expressions of grace , but in a generall sense it is it self an act of grace . and this is not wonderfull , for we know that whilst the ship-scos , and all other projects and monopolies lay heavyest upon us , in all our sore grievances and violations , generall expressions of grace did ever accompany them , though they rather added than diminished to the weight of our sorrows . and therefore we have now the lesse reason to comfort our selves with generall assurances , especially since deeds of hostility faile not to attend our sweetest words of clemency ; nay , and in the same manifestoes , as we finde professions savouring all of law , right , and limited power : so we finde withall intermingled divers positions placing the king beyond all law , right and limitation , and reducing parliaments to lesse power than ordinary courts . in all submissive humility therefore we humbly prostrate our selves before his majesties feet , with the pious tender of these our earnest supplications . first , that it would please his majesty , in a war of this confounding nature to the three kingdomes at once and to the true religion , in them to have recourse to the impartiall advise of former goes , rather then of this . secondly , to abandon the councels of papists , as well such as goe to church by dispensation , as not , and as well such as send instru●tions from beyond the sea , as those which are here more visible ; and in the same manner to reject the advertisements of delinquents , prelates , souldiers , &c. whose known interests makes them incompetent advisers in this case , no age having a paralell to it , and if his majesty conceives publike advise to be partiall at this time ; yet to let the kingdome know what private advise is hearkened to , and what the quality and grounds of it is , for the better vindication of his majesties honour , and the more full satisfaction of all true protestants . thirdly , to make a further guesse at some of his majesties councellors , by those false slanders of treasons which they have powred into his majesties eares , and are now disproved to all the world . fourthly , that his majesty would not admit of any crime in the parliament , but such as beares the stamp and form of a legall and judiciall accusation ; and instead of generall invectives , to publish the certain kinde of treasons , and names of traytors , and the certainty of his majesties evidence , and how far his majesty will refer the tryall thereof to any peaceable treaty , laying down the sword in the meane time , without disadvantage to either side , for if the offence of the parliament be , that they have been too zealous of the safety of the kingdome , in making ordinances to settle the militia , then the question is only , whether or no the king hath such a sole interest in the towns , forts , &c. and strength of the kingdome , as that he may at pleasure intrust them to suspected substitutes , in time of danger , without generall advise , nay contrary to generall consent . and this seemes a strange ground for such an uncouth dismall war , at such a time as this , when it makes our lords and commons worse rebels then the irish , and chuses rather that the protestant religion , together with the crowne there shall perish , then any truce shall be granted here , or any umpirage admitted . it cannot but be better that the state of scotland were intreated to mediate and arbitrate in this difference , then that so unse●sonable and unnaturall a war should be waged . for if sir john hotham be not fitter to be trusted than captain leg , and my lord of warwicke then sir iohn pennington , yet the kings interest is not altered , nothing but the subordinate person is changed , and if this be not allowed to a parliament , the subject hath no remedy nor power of defence in any danger when the king mistakes both his friends and foes : but if this be allowed , the king suffers nothing by it . he which serves the state faithfully , must needs serve the king faithfully , ( it is to be wished , the contrary were as true ) a generall defection is not to be feared , nor could be redressed if it should happen , and except in case of generall defection , the state cannot chuse to the disadvantage of the king : but if the militia be not the main cause of this war , if any other super-emergent exceptions , against any particular persons , in , or out of parliament may be taken , this may be debated , and accommodated legally without blood , except one side will declare it self not to be satisfied otherwise then by blood . till these things be better cleared no force ought to be used , and if the king will admit of no truce , it will not be said that the parliament takes up armes against the king , but the whole kingdome in its representative court defends it selfe against such as have seduced , and uniustly incensed the king , and such , as though they have usurped the kings person , and word , and command , yet have not so true a right to his vertue , and authoritie , nor ought to bee held so friendly thereunto as the parliament . fiftly , not to make the parliaments arbitrary power in declaring law , &c. any ground of charge since this strife betweene prerogative and libertie must be decided , and by the law it selfe without some interpreter cannot , and since his maiestie does not claime that sole interpretation , and since the parliament cannot be suspected therein . sixthly , to judge of the councellours and fomenters of this warre by the favour which it beares to the irish rebellion , and the disagreement thereof with his majesties former gracious professions : and at least to hearken to a truce till the irish warre be ended , except the lords and commons seeme more detestable traytors than the irish rebells . seventhly , that his maiestie will let us know something in particular concerning our priviledges , in and out of parliament , and what latitude of authority and power shall be granted to the representative body of the whole kingdome , even when his maiestie likes better of private advise ; and also how farre his maiestie will grant his royall prerogative to be within the cognizance and declaration of the lords and commons , because in our understanding to have no right , and no impartiall judge of that right , and to have no limits , and no knowne limits is one and the same thing . now therefore our humble and heartie desires to his majestie are , that he would be gratiously pleased to condiscend to these so necessary things , now that so streaming a comet of bloody aspect hangs over our heads , and so abominable a warre is commenced amongst us , it will facilitate a happy and faire accommodation , it will disappoint the greatest adversaries of the church and state , it will make his majesties raigne more blessed now , and his story more candid and unstayned with blood hereafter . and his maiesties most humble petitioners shall ever pray , &c. their majesties declaration for encouragement of officers, seamen, and mariners employed in the present service england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) their majesties declaration for encouragement of officers, seamen, and mariners employed in the present service england and wales. sovereign ( - : william and mary) william iii, king of england, - . mary ii, queen of england, - . halifax, charles montagu, earl of, - . , [ ] p. printed by charles bill and thomas newcomb ..., london : . caption title. "given at our court at hampton-court this d. day of may, "--p. . signed at end: cha. montague. imprint from colophon. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- pay, allowances, etc. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion their majesties declaration for encouragement of officers , seamen and mariners , employed in the present service . william r. their majesties out of their princely care and wisdom , with great tenderness and regard having taken into consideration the condition of their seafaring subjects , as well officers as seamen and mariners , and with intent and purpose that their resolution and forwardness , valour and faithfulness in the present service , necessarily undertaken for the honour and defence of their majesties dominions , the support of the protestant religion , and security of the commerce and trade of their subjects may be duly rewarded and encouraged , by and with the advice of their council , have thought fit to publish and declare , that all captains , seamen and others that do or shall serve in any of their majesties own or merchant ships employed in their service , shall ( for time to come in lieu of all prizes ) have and receive from their majesties for every ship or prize they shall lawfully take , whether merchant men , or men of war , laden or light , the sum of ten shillings for every tun the said ship shall measure , according to the ordinary rule of shipwright's hall , and six pounds thirteen shillings and four pence for every piece of ordnance , whether iron , or brass , the same to be paid by the collector for prize goods within ten days after the payment of the ships ( in case adjudication be made of the ship in the admiralty court ) to be shared and divided amongst them proportionably , according to the respective places and offices in the ship in which they serv'd , and according to the custom of the seas in that case . and further , that it be lawful for all captains , seamen , and others , serving as aforesaid , to take and have to themselves as pillage , without further or other account to be given for the same , all such goods and merchandizes as shall be found by them , or any of them , in any ship ( they shall take in fight as prize ) upon or above the gun-deck of the said ship , and not otherwise : and for every man of war sunk or destroyed by firing or otherwise , to have ten pounds a gun only , to be divided as aforesaid , to be paid by the commissioners for prize goods , within ten days after the payment of the ship as aforesaid , upon certificate of the matter of fact stated by the council of war. that in paying the wages of all seamen and mariners , that now do , or hereafter shall serve on board any of their majesties ships , the following method and regulation shall be observed ; that all seamen and mariners that on the first of november next , shall have been in their majesties service six months , shall by themselves or assigns receive full two months pay ; and in like manner those that on the first of may next shall have been in the service six months , shall receive other two months pay , and so ( till their ships be paid off ) shall continue to receive two months pay ▪ after having served six months from the aforesaid days of payment ; for which pay or pays for two months from time to time , as aforesaid , tickets shall be given gratis under the hands of the commander , and other officers usually appointed in signing them , and letters of attorney shall be also attested under the hands of the aforesaid signing officers gratis , in such manner as shall be thought to conduce most to the benefit , support , and ease hereby intended to seamen in general and their families , of whom care shall be taken that these payments be made accordingly . and all commanders are hereby strictly charged and required not to discharge any seaman from their majesties ships , without giving the person so discharged the usual ticket for the time of his service . that care shall be taken for defraying the charges of sick and wounded men , and for the relief of widows , children and impotent parents of such as shall be slain in the service at sea ; and for medals , or other rewards to such officers and seamen of the fleet , as shall be found to have done any eminent or extraordinary service : and that for supplying of necessary provisions for sick and wounded men on board , there shall be allowed by his majesty five pounds for six months service for every hundred men. that upon the discharge of sick and wounded men from the ships in their majesties service , care shall be taken for the payment of their tickets and conduct money . that directions shall be given to all mayors , bailiffs , or other magistrates in any port towns to take care for all necessary accommodations at the charge of their majesties , for the relief and cure of such sick and wounded men as shall be sent on shoar . that the moyety of our hospitals in england , employed for the cure of wounded and sick people , be reserved during the time of war at sea , for such as shall be wounded in the service of the navy , as they shall become void from and after the first day of june next . . given at our court at hampton-court this d . day of may , . in the first year of our reign . at the court at hampton-court , the twenty third of may , . present , the king 's most excellent majesty . his r. highness prince george of denmark , lord privy-seal , duke of norfolk , duke of schonberg , earl of oxford , earl of shrewsbury , earl of nottingham , earl of maclesfeld , earl of portland , earl of fauconberg , viscount newport , viscount sydney , lord bishop of london , mr. vice-chamberlain , admiral herbert , mr. russell , mr. boscawen . it was this day ordered by his majesty in council , that their majesties gracious declaration for encouragement of officers , seamen and mariners , employed in the present service be forthwith printed by his majesties printers : and that so many copies thereof as shall be required by the right honourable the commissioners for executing the office of lord high admiral of england , be disposed of as they shall think fit and direct ; and so many also to the principal officers and commissioners of his majesties navy royal , by them to be distributed to such persons and places as in their judgments shall seem convenient : some of them also to his majesties principal secretaries of state , and to the lords of his majesties most honourable privy council . cha. montague . london , printed by charles bill , and thomas newcomb , printers to the king and queen's most excellent majesties , . several letters from ireland read in parliament the sixth of july, . concerning the affairs there. tuesday the sixth of july, . / ordered by the parliament, that these letters by forthwith printed and published. hen: scobell, cleric. parliamenti. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) several letters from ireland read in parliament the sixth of july, . concerning the affairs there. tuesday the sixth of july, . / ordered by the parliament, that these letters by forthwith printed and published. hen: scobell, cleric. parliamenti. england and wales. parliament. venables, robert, ?- . ludlow, edmund, fl. - . corbet, miles, d. . , [ ] p. printed by john field, printer to the parliament of england, london : . with letters signed by: miles corbet and jo: jones, edmund ludlow, r. venables, j. richards, and bry. smith. the final leaf is blank. reproduction of the original in the british library. eng england and wales. -- army -- early works to . ireland -- history -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (wing s ). civilwar no several letters from ireland read in parliament the sixth of july, . concerning the affairs there. tuesday the sixth of july, . orde england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion several letters from ireland read in parliament the sixth of iuly . concerning the affairs there . tuesday the sixth of iuly , . ordered by the parliament , that , these letters be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by iohn field , printer to the parliament of england . . a letter from the commissioners of the parliament in ireland , of the four and twentieth of iune , . mr. speaker , since the late agreement at kilkenny , the lord of muskerry in the south , and the lord clanriccard in the north , have not onely declared themselves not to accept of that capitulation , but have gathered together considerable bodies of the irish in both places ; as to clanriccard , since the reducing of balleshannon , sir charls coot with his own and part of commissary general reynolds party , have reduced sleigo , and since that the commissary general is come to him , and as we hear from the commissary general of the eighteenth instant , from the camp before ballemote , are now before that castle , being the castle of the lord taaff in the county of catrim : colonel venables with his party are at belturbet in cavan , a place very considerable to be made a garrison in order to the reducing of the county of cavan , and those fastnesses thereabouts ; and we do believe , part of the leimster forces are with venables , or near to him ; and clanriccard doth lie in fastnesses between ballimote and belturbet , with four thousand horse and foot , but hath refused to engage with either party of ours , but hath sent for a treaty , and hath sent to the lieutenant general and to us to appoint commissioners , and hath sent articles to the commissary general ; our answer thereto we send inclosed , and have advised the commissary general to that purpose : and grace , another of the irish rebels , hath gathered a body of the irish that formerly were of the leimster rebels ; and being beaten from his fastnesses in leimster by colonel axtel and colonel sankey , got over the shannon and have burnt the town of portumney , and threatned the castle of portumney ; but colonel ingoldsby from limerick going to assist our friends there , heard that grace had joyned with burk , and were about lough-reagh , and were about three thousand horse and foot , and so colonel ingoldsby fell on the enemy ; and as we heard from major smith from limerick the twenty second instant , that certain intelligence was come to him , that ingoldsby had totally routed the enemies horse & foot , being got into a bog , he had encompassed the same with his horse and dragoons ; and was in that posture when the messenger came from him to limerick . as to the enemy with the lord muskerry in kerry , the lieu : general and the major general with what party could be spared from other parts , are marched to ross , the chief hold of the enemy there , and having left two troops of horse , one of dragoons , and four hundred foot in a fort before ross : the lieutenant general with the body of his brigade did the thirteenth instant meet with a party of the enemy and routed them , and took some fifty horse and some prey , and abby called killara , where they found some four barrels of powder : and in those parts they have been till the boats and other necessaries sent them from kingsale came to them ; and on the nineteenth instant we received letters from them , that that day they marched up with their party to the fort near ross castle , and thither they have sent the boats and provisions ; but on the eighteenth instant muskerry sent for a new treaty , but the lieutenant general hath limitted it to conclude on the one and twentieth instant at six in the night , and in the mean time are preparing their boats for service ; but this last sabbath being twentieth instant , a party of muskerry's forces having ioyned with other the rebels party that lie in the bogs and mountains of cork , did come into this county to drive the cattle about macroom , to carry them into their quarters ; but the lord broghil , who is left behinde to secure the quarters , after a march of twenty miles , fell on the enemy who were more then double in number to the lord broghil's party , but the enemy would not engage , so as the lord broghil's party on the rere of the enemies body , took about eighty horse , killed about fifty , took lieutenant colonel supple that commanded the rere-guard of the enemy , and got two colours and some good quantity of arms , and regained two hundred cattel the enemy were carrying away , and the rest of the enemy by the favor of a mist ; and our party being much spent with a long march before the skirmish , and the impassableness of those parts , could not follow them above a mile or two . colonel clark's regiment is safely arrived at waterford , which doth come very seasonable to strengthen our forces in these parts . these wonder-workings of our god we hope will appear glorious in your eyes , and we hope will clearly evidence unto you the diligence and fidelity of your poor servants here , who in order to your service are dispersed into all parts of the land , and yet their small scattered parties ( through the goodness and help of the lord ) have put to flight the armies and great bodies of the enemy . we shall onely adde that we are , your most humble servants , miles corbet . jo : jones . cork iune . . since the writing hereof we have received letters from the lieutenant general of the d instant , from the camp before ross , concerning the rendring of ross , and submission of that enemy : a copy of that letter we send also inclosed . an answer to the lord of clanrickard's letter , directed to the commissioners of parliament . my lord , yours of the third of iune was delivered to us at cork the seventeenth instant , and as to the considerable forces therein mentioned , gathered together for your reception and your powerful union with other forces , for the recovery of the nation , and by arms to obtain conditions for themselves , and those different duties in your lordship to discharge the high trusts and authorities reposed in you , that are not to be so freely exposed to hazards and affronts , as by your lordship is therein expressed : we have little to say thereunto ; but notwithstanding all súch gatherings together , authorities and combinations , shall go in the discharge of that duty committed to us , to take all opportunities god shall please to put into our hands , to revenge the innocent blood that hath been spilt in this nation upon the actors thereof ; and on all such that after so many warnings to them given , do still abett and justifie those murthers and massacres , and withhold the authors and actors therein from the hand of justice . and as for provision to be made for such as are still in arms with you by a new treaty , we do not hold it safe and consistant with the present posture of affairs , to entertain further treaties then what was lately agreed on at kilkenny , whereof we doubt not but your lordship hath had notice , and your lordship and those now with you might have taken advantage thereof ; and for such as have not in time submitted thereunto , there is still power left in all commanders in chief in the several precincts , to accept of and receive into protection all that shall lay down arms and submit to that power god hath placed over them in this nation before the first of iuly next ensuing ; and such as are not guilty of the said blood and massacres , whose hearts god shall incline thereunto and shall timely submit , shall enjoy such terms of favor as the parliament shall hold out to others of the like qualification : the acceptance or refusal whereof we leave to the consideration of your lordship and such others of your party that are now with you ; and do rest , my lord , your humble servants , miles corbet . jo : jones . cork june . . to the lord of clanrickard . a true copy of the lieutenant general's letter to the commissioners of parliament , dated iune , . truly honorable , i have received your plentiful supply , as to use and comfort , both officers and soldiers are very sensible of your kindness to them and care of them . the lord hath at length enclined the enemy to a submission upon terms , not much differing with those with leimster , onely we have left out the clause for mediation with the parliament touching their real estates . ross is to be delivered on saturday next at noon : i signed the articles even now . the lord of muskerry's son and his uncle sir daniel o brien , i expect to be sent immediately to me as hostages ; his forces abroad are to lay down arms on the fifth of iuly . those in kerry at killarney , those towards cork at macroom , those towards limerick at kilmallock . as soon as i can see things setled here , that so i may know what force can be spared hence for the northern service , i shall march with them up to you , which i hope to do some time next week . the lord direct and protect you , and give us thankful hearts under these his gracious dispensations . dear friends , your most affectionate and humble servant , edmund ludlow . from the camp before ross , this d of iune , . a letter from the commissioners of ireland from cork of the th of iune , . mr. speaker , since the closing up of our pacquet , the inclosed letters came to hand , which gives you an account of the further success the lord hath given your forces with colonel ingoldsby in conaught , and your forces with colonel venables in cavan . we have not else at present to adde , but humbly take leave and remain , your most humble servants , miles corbet . jo : jones . colonel venables letter to the scout-master general , of iune , . sir , having carried on our fortification at this place unto some good forwardness , we thought it fitting to be attempting upon the enemy as our intelligence should guide us , and accordingly yester-evening sir theophilus iones was designed with six troops of horse and one of dragoons , and about three hundred commanded foot , which were judged sufficient to bring in some cows ( our men being in some want of provisions ) and if any advantage offered it self to do service upon the enemy ; he marched all night , and the next morning the enemy had notice of him ( they being forth upon the same occasion with twelve hundred horse and foot ) and striving to gain a pass betwixt them and home , got betwixt a party of ours ( that had some cows ) and him , both sides finding themselves engaged prepared to fight ; the enemy had the advantage of higher ground and numbers , ours of wind and sun ; the charge was very gallantly performed by the enemy , who disputed it with the swords point and push of pike : but the lord who ever standeth by us in all our difficulties shewed himself a man of war , and by a third part of their number ( many of ours being abroad in parties ) quite brake them , there being about three hundred of them slain , some prisoners , and letters found with the dead assure us , that there was one colonel , one lieutenant colonel , three majors , and ten captains slain , besides inferior officers ; we hope this will much discourage them and cause them to disperse , however we desire unfeignedly to bless god for the same , looking upon it as the earnest of a greater mercy , if the enemy do engage , as they absolutely affirm they will : we lost not one officer , and only one lieutenant wounded , and major meredith hath a slight scar on the chin ; i cannot yet hear of one man of ours that was slain , but above sixty wounded with sword and pike ; both sides being so eager to fight , that they had almost forgot to fire . i have here inclosed sent you a copy of a letter from philip mac hughe to clanrickard , being found in colonel garret moores pocket , i doubt not but the commissioners of parliament , will make good use of it , i have no more to adde , save that i am , sir , your affectionate humble servant , r. venables . belterbert , june . . i forbear to name the gallantry of our officers , knowing the desire , that god , not themselves , might have the honor ; besides , all have deserved so well , that i cannot name any but i must omit others ( except i name all ) that have in their respective places behaved themselves with honor and gallantry ; sir theophilus jones and major meredith were both engaged in the midst of the enemy , but both are come off safe . a letter from colonel richards , to the commissioners of parliament , the twenty third of iune , . right honorable , iust now came to my hands the certain intelligence of a fresh mercy cast in by our gracious father : a party commanded by colonel abbot sent from colonel sankey , joyned with a party from limerick , commanded , as i am informed , by colonel ingoldsby , fell upon grace and others joyned with him , and killed and took full one thousand , some intelligence saith one thousand was slain ; but if it be so many slain and taken , it is an exceeding mercy , and so much you may believe to be true ; so soon as the particulars come , i shall present them to you : i dispatched a large packet this day by a party of horse , some of them came from england , others were brought from dublin by a footman , who would not deliver them but against his will , he is gone with them to get answer . i am your honors most faithful and very humble servant , j : richards . clonmel , iune . . major smiths letter to the commissioners of parliament , the twenty third of iune , . dear and therefore much honored , yours of the one and twentieth instant i have received ; the good news therein i heartily bless god with you for ; i shall , god willing , faithfully observe what hath been hinted in your honors letter : just now i have received a letter from colonel ingoldsby , who is on his march from loughreagh , and he is bearing his sheaves , blessed be god , who doth still appear for us in all places : he lighted on graces party in a great hastiness after he was beaten off from loughreagh , which he attempted to storm , but missed , and left there about eighty men , but colonel ingoldsby's party disputed the pass into the fastness as abovesaid near half an hour , which was justified with twelve hundred foot and one hundred and fifty horse of the enemies ; but at length forced them , and killed upwards of two hundred , about sixty horse taken , grace himself escaped over the shannon , colonel redman hurk and colonel mac gawly are killed and some other field officers , besides six or seven captains , some few prisoners were taken , which are with colonel abbot to exchange ; we lost but three more that we can yet here of , and nine dragoons wounded with some few troopers . i trust these renued mercies will be renewed ingagements on all our hearts , to be more through , and close , and upright hearted with our god , who is dayly seen in the mount ; may it please you to take notice that we are exceedingly straightned , in doing many things of high importance to your affaires in this place for want of incident money , as for lading and unlading ships , for fitting some little friggots and boats that we have constant use for on the shannon . i hope within these two dayes fifteen hundred irish will be shipped for spain , which we have had much ado to furnish with a moneths pay given there by their articles , and have wholly undone the county of clare for that end ; so that it is not possible for your forces to get the one third of the eight hundred pounds per mensem laid on that county ; the people dye under every hedge there , and is the saddest place ( reported by all that are there ) as ever was seen , the good lord help your honors to be sensible thereof , and carry you on in the undergoing the great burthen laid on you ; give me leave to tell you that my heart is much drawn out ( without any vanity i speak it ) to bless god for you , that he hath endued you with zeal and unweariedness , faith , tenderness , and conscieous of doing the work of the lord , which i am confident all godly ones shall in due time have their mouthes filled with praise to the name of their god ; sir , pardon i beseech you my prolixity , my heart is full , i am your honors most humble servant indeed , bry. smith . limerick , iune . . finis . the forme of government of the kingdome of england collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of england upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such parliaments were called, and the acts that passed upon those and the like occasions : henry i, iohn, henry , edward i, edward , edward , richard , henry , henry , henry , edward , henry , henry : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. cotton, robert, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the forme of government of the kingdome of england collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of england upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such parliaments were called, and the acts that passed upon those and the like occasions : henry i, iohn, henry , edward i, edward , edward , richard , henry , henry , henry , edward , henry , henry : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. cotton, robert, sir, - . p. printed for tho. bankes, london : . attributed to robert cotton. cf. blc. reproduction of original in thomason collection, british library. eng england and wales. -- parliament. prerogative, royal -- england. great britain -- politics and government. great britain -- kings and rulers. a r (wing c ). civilwar no the forme of governement of the kingdome of england: collected out of the fundamental lawes and statutes of this kingdome. wherin is manifes cotton, robert, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the forme of governement of the kingdome of england : collected out of the fundamental lawes and statutes of this kingdome . wherin is manifested the customary uses of the kings of england upon all occasions , either of marriage , peace or warre , to call their peeres and barons of the realme to be bartners in treatizes , and to give their juditious advice : the state and security of the whole kingdome depending upon such counsells and determinations . likewise the names of the kings , and the times when such parliaments were called , and the acts that passed upon those and the like occasions . henry iohn henry edward edward edward richard henry henry henry edward henry henry published for the satisfaction of all those , that desire to know the manner and forme of the governement of the land , and the fundamentall lawes of the kingdome . london , printed for tho. bankes , . that the kings of england have beene pleased usually to consult in their great counsells of marriage , peace , and warre with their peeres and commons in parliament . to search so high as the norman conquest , it is necessary to lay downe the forme of government of those times , wherein the state of affaires led in another forme of publique councels : for the people ( wrought under the sword of the first william , and his followers , to a subjected vassaladge ) could not possesse in such assemblies the right of their former liberties , divisions and power having mastered them , and none of their old nobility and heads , being left either of credit or fortunes . what he retained not in providence as the demeasnes of the crowne ) or reserved in piety ( as the maintenance of the church ) he parted to those strangers that sayled along with him , in that barque of his adventure ; leaving the natives for the most part ( as it appeares by his survey ) in no better condition , then villany ; moulding their customes to the manner of his owne countrey ; and forbore to grant the lawes of saint edward , so often called for . to supply his occasions of men , money , and p●o 〈…〉 on ; hee ordered that all those , that enjoyed any fruit of his conquest , should hold their lands proportionable by so many knights fees of the crowne ; admitted them to enseoffe their followers of such part● ( as they pleased ) of their own portions , which to ease their charge they did in his and his sonnes time by two feoffments , the one de novo , the other de veteri . this course provided him of the body of his warre ; the money and provision was by headage assested the common people by the co●sent of their lords ; who held in all their seigniories such right of regalitie , as to their vassalles ; so as ( saith paris ) quot domini , tot tyranni : and proved to the king so great a curbe and restraint of power , that nothing f●ll into the care of maiestie afterward more , then ●o retrench the force of this aristocracy , that was in time like to strang●e the monarchy . though others foresaw the mischiefe betimes , yet none attempted the remedy , untill king iohn , whose overhastie undertaking brought in those broyles of t●e barrons warres . there needed not before this any ca●e to advise with the commons in all publique assembly , when every man in england by tenure , held himsel●e ●o his great lords will , whose presence was ever required in those councells ; and in whose assent his dependant tenants consent was ever included . before this kings time then we seeke in vaine for any commons called , they were called ever for making of lawes , but not to consult touching warre or peace t●e fi●st ( as may bee gathered ) though darkely ) by the records ) that used their counsells and assents , was t●is king in the sixt yeare of his raigne : here are the first summons on record to the peeres or barrons , tractaturi de magnis & ardius negotiis . it was about a warre of defence against the french . and that the commons were admitted at this time , may fitly be gathered by the ordinance ; provisum est communi assensu archiepiscoporum , comitam , baronum , & aliorum fidelium nostrorum angliae , quod nomen milites angliae invenirent decimum , &c. and this was directed to all the shirefs in england . the auncient use in publique lawes . from this time , there is a breach untill . hen. . where the next summons extant , is in a plea rolle of that year , but the ordinances are lost , from thence the records afford us no light untill the of the same king , where then the summons to the bishops , lords , knights , and burgesses are much in manner , though not in matter alike to the use in our times , this parliament was called to advise with the king pro pace assecuranda & firmanda , they are the words of the writt ; and where advice is required , consultation must be admitted . to this king succeeded edward the first , his sonne , a wise , just , and fortunate prince . in his raigne we have no light of publique councell of this kind ; and so along to the fourth of his granchild , but what we borrow out of the rolles of summons , wherein the forme stood various according to the occasions , untill it grew constant in the forme it is , about the entring of richard the second , the journall rolles being spoiled by the injury of time or private ends . this king in the fift of his raigne called a parliament , and therein advised with his lords and commons , for suppressing llewellin prince of wales : and hearing that the french king intended to invade some peeces of his inheritance in france , summoned a parliament ad tractandum , ordinandum , & faciendum cum prelatis , proceris & aliis inco●is regni , quomodo huiusmodi periculis & excogitatis militiis sit obviandum ; inserting in the writt , that it was lex notissima & provida circumspectione stabilita , that that quod omnes tangit , abomnibus approbaretur . in the thirty fourth of his raigne super ordinatione & stabilimento regni scotie , he made the like convention . his sonne , the second edward , pro solempnitate sponsalium & coronationis , consulted with his people in his first yeare , in his sixth yeare , super diversis negotiis statuum regni & expeditione guerre scotie specialiter tangentibus , he assembled the states to advise : the like he did in his eight yeare . the french king having invaded gascoigne in the thirteenth yeare , the parliament was called super arduis negotiis statuum ducatus vasconie tangentibus ; and in the sixteenth to consult ad refraenandum scotorum obstinantiam & malitiam . before edward the third would resolve in his first year , whether peace or warre with the scotish king ; he summoned the peeres and commons super praemissis tractare & concilium impendere . the chancellour anno the fifth declareth from the king , the cause of that assemby , that it was to consult and resolve , whether the king should proceed with france for recoverie of his seignories , by allyance of marriage , or by warre ? and whether to redresse the disobedience of the irish , he should passe in person or noe ? the year following he resembled his lords and commons , and required their advice , whether he should undertake the holy expedition with the french king , or no ? the bishops and proctors of the clergie would not be present , as forbidden by their canons such councels . the peeres and commons consult , applauding the religious and princely forwardnesse of their soveraigne to this holy enterprise , but humbly advise forbearance this year , for urgent reasons . the same yeare though at another session , the king demaunding the advice of his people , whether he should passe into france to an enterview as was desired , for expediting the treatie of marriage : the prelates by themselves , the earles and barons by themselves , and the knights of shires by themselves , consulted apart , for so are the records , and in the end resolved , that to prevent some dangers likely to arise from the north : it would please the king to forbeare his journey , and to draw towards those parts where the perils were feared , his presence being the best prevention ; which advise he followed . in the following parliament at york , the king sheweth , how by their former advice he had drawn himselfe towards the north parts , and now againe he had assembled them to advise further for his proceedings . to which the lords and commons having consulted apart , pray further time to resolve , untill a full assembly of the states , which the king graunting , adjourneth that session . at their next meeting they are charged upon their allegiance and faith , to give the king their best advice ; the peeres and commons consulting apart , delivered their opinions ; and so the parliament ended . in the thirteenth yeare , the grandees and commons are called to consult , and advise , how the domestique quiet may be preserved , the ma●ches of scotland defended , and the sea scoured from enemies . the peeres and commons having apart consulted , the commons after a desire not to be charged to counsell in things de queux ils n'ount pas cognizance , answers that the guardians of the shires assisted by the knights may effect the first , if pardons of felons bee not granted : the care of the marches they humbly leave to the king and his councel , and for the safeguard of his seas , they wish that the cinque ports and maritine townes ; discharged for the most part from many burthens of the inland parts , may have that left to their charge and care : and that such as have lands near the courts be commanded to reside on those possessions . the parliament is the same yeare reassembled , advisamento prelatorum , proceram , nec non communitatis , to advise de expeditione guerrae in partibus transmarini● . at this ordinance are made for provision of ships , arraying of men for the marches and defence of the i le of iersey , naming such in the records , as they conceived fit for those imployments . the next yeare de la poole accompteth the expences of the warre ; a new ayde is granted , and by severall committe●s , in which divers were named that were not peeres of parliament , the safeguard of the seas , and defence of the seas are consulted of . in the fifteenth yeare de assensu praelatorum procerum . & alioram de concilio , the kings passage into france is resolved of . anno. . badlesmore in place of the chancellour declareth unto the peeres and commons ; that whereas by their assents the king had undertaken the warres in france , and that by the mediation of the pope a truce was offred : which then their soveraign forbore to entertain without their allowance . the lords apart consult , and also the commons , returning by sir william trussell in answer their advise , and desireing to compose the quarrell , approve the truce and the popes mediations , the popes undertaking proving fruitlesse , and delayes to the french advantagious , who in the mean time with scotland and others practised to roote out the english nation in france : the king againe assembled his parliament the yeare following : in which the peares and commons after many dayes of deliberation , resolve to end it , either by battaile or peace , and no more to trust upon the mediation or message of his holinesse . in the . yeare the chiefe iustice thorpe declaring to the peeres and commons , that the french warres began by their advice : the truce after by their ass●nts accepted and now ended . the kings pleasure was to have their counsells in the procecution . the commons beeing commanded , que ils se devoient faire assembler , & fils essent agree le devoient monetre an roy & al grandees de son councell , after . daies consultation , humbly desire of the king , that he would bee advised herein by his lords and and others of more experience then themselves in such affaires . to advise the king the best for his french imployments , a parliament was summoned anno . herein the king by a more publique dispatch willeth the commons to elect . or . of their house to consult with the lords , these to relate to their fellowes , and the conclusion generall to the king . in the . a great councell is assembed , many of the lay peeres , few of the clergy : and of the shires and burroughs but one a piece . this was for the prosecution of the french warres , when an honourable peace could not bee gotten . but the yeare following a truce being offered , the king forbore to entertaine it , untill he had the consent of his peeres and commons which they in parliament accorded unto before the popes notary by publique instrument . the dallying of the french in the conclusion of peace ; and the falling off of the duke of brittaine ( having wrought with france by the reputation of the english succours ) is the yeare following declared in parliament , and their advice and ayde required for the kings proceedings . in the thirty sixth yeare he calleth his parliament to consult whether warre or peace by david the king of scotts , then offered , should be excepted . in the fortieth yeare the pope demanding the tribute of king iohn , the parliament was assembled ; where after consu●tation apart , the prelates , lords , and commons advised the deniall , although it bee by dint of sword . in the forty third yeare the king declared to the peeres and commons , that the french , against the articles of the truce , refused payment of the monies , and delivery of the townes , summoning la brett , and others of the kings subiects in gascoigne , to make at paris their appeales , and had forraged his countrie of poitiers : requiring in their breach , whether hee might not resume the style and quarrell of france . the lords and commons having apart consulted , advise the king to both , which he approving , altered the inscription and figure of his seale . two yeares after it was declared to the peeres and commons , that by their advise he had resumed the style and quarrell of france ; and therefore desired their advise for the defence of the reame against the french , securing of the seas , and pursuing of the warres . of which they consult , and resolve to give the king an ayde . the like counsell and supply was the very next yeare following . in the fiftieth yeare , a parliament to the purpose of the former two , was sommoned ; and the yeare following , the king in parliament declaring how the french had combined underhand against him with spaine and scotland , required their advice , how peace at home , the teritories abroad , securitie of the seas , and charge of the warre might be maintayned . i have the longer insisted in observing the carriage of these times so good and glorious , after ages having not left the iournall entries of parliament so full , which therefore with a lighter hand i will passe through . richard the second , the grandchild succeeded to the crowne and troubles , having nothing worth his great fortunes , but his great birth . the first of his raigne , hee pursued the steps of his wise grandfather , advising with his peeres and commons , how best to resist his enemies that had lately wronged divers of his subiects on the sea coasts . in the second yeare hee againe consulted with his people , how to withstand the scotts , who then had combined with the french to breake the truce . in the third yeare hee called the advise of his parliament , how to maintaine his regality , impared by the popes provisions , who to resist spayne , france , and scotland , that had raised warres against him , how to suppresse his rebells in guyon and ireland , and to defend the seas . in the fourth yeare of his raigne , he called the like at windsor . the yeare following in a great councell , the king having purposed a voyage royall into france , now called his parliament to determine further of it . and it is worthey your observation , that for the most pa●t before any propositions of warre or peace w●re vented to the commons , a debate thereof precedeth in the great councell to shape in fitter for popular advise . the quarrell with spaine continuing the duke of lancaster offereth a voyage against them , so as the state will lend him money : after consultation they grant an aide , but not to binde them to any continuance of warre with spaine . in the sixth the parliament was called to consult about the defence of the borders , the kings possions beyond the seas , ireland and gascoyne , his subiects in portugall . the lords approve the dukes intentions for portugall , and the commons that the bishop of norwich having the popes crosyer should invade france . the same yeare the state was called againe to consult , whether the king should goe in person to rescue gaunt or send his army . the commonsafter two dayes debate , craved a conference with the lords . the effect is not entred in the rolle onely they by sir thomas puckering their speaker , protest that councells for war did aptly belong to the king and his lords , yet since the commons were commanded to give their advice , they humbly wished a voyage by the king , if not , that the bishop of norwich might with the advantage of the popes crosier be used in that service , who accepted , the charge with ill successe , he further for the commons prayeth , that the kings vncles should not be spared out of the realme before some peace was setled with the scotts ; and that the lord de lars-par sent with propositions of peace from spaine might first bee heard . the chancellors in the seventh yeare in name of the king willeth the lords apart , and so the commons to consult , whether peace or warre with scotland , and whether to resist or assault the kings adversaries of spaine , france , and flanders : their opinions are not entred in the rolles , an omission usuall to the clarkes neglect , onely their petitions are recorded , that the bishop of norwich may accompt in parliament the expence of the money , and be punished for his faults in the service , which hee undertooke , both which are granted . and at the next session in the same yeare , the commons are willed to advise upon view of the articles of peace with the french whether warre or such amitie should bee accepted ? they modestly excuse themselves as to weake to counsell in so weighty causes ; but charged againe as they did tender their honour , and the right of the king , they make their answer , giving their opinions rather for peace then warre . peace with france not succeeding , in the eighth year , the body of the state was called to advise , whether the king in his owne person ; or by sending forces against the french , spaine , flaunders and scotland , should proceed . the king haveing this yeare assembled at oxon his great councell to advise , whether he should passe the seas or no , with an army royall ; and they not daring to assent without a greater councell : a parliament the tenth yeare was called to have the advice of the commons , aswell as of the lords , how the realme should be governed in their soveraignes absence . the truce with france now neare expired , the parliament was called in the thirteenth yeare to advise upon what condition it should be renewed : otherwise how the charge of warre should be sustained . at this assembly and by consent of all , the duke of lancaster is created duke of aquitaine , the statutes of provision were now pas●ed , and the commons are named a party , in the letter to the pope . the yeare succeeding a parliament is called , for that the king would have the advice of his lords and commons for the warre with scotland , and would not without their counsell conclude a finall peace with france . the like assembly for the same causes was the yeare ensuing , wherein the commons desire the king to use a moderation in the law of provision , to please at this time their holy father , so as the statute upon their dislike might again be executed , and that to negotiate the peace with france , the duke of aquitaine might rather then any other , be imployed . to consult of the treaty with france for the king in the seventeenth calleth a parliament , the answer of the lords is left unentred in the rolle , but the commons upon their faith and allegiance charged , advise that with good moderation , homage may be made for guyen , an appenage of the french crowne , so as it intrench not to involve the other peeces of the english conquest , their answer is modest , large , and worthy of marke . now succeeded a man that first studied all popularity , as needing all to support his titles , he in the fifth year called a parliament , to suppresse the malice of the duke of orleance , and to advise for the warres in ireland and scotland , neither counsels or supplies are entred in the rolle , and to resist an inovation intended by france and brittaine , he assembleth the state againe . the like was in the two yeares following for fraunce . in this the commons conferr with the lords for guard of the sea , and make many ordinances to which the king assented : the peace with the merchants of pruce , and the hanstowns is debated , and a proclamation published , as they resolve , by the speaker the commons complain of . peeces of ordinance lost in guyen the yeare before , the need of defence for the borders , and guard of the sea coasts . to suppresse the rebellion in wales , and the disloyalty of the earle of northumberland , they humbly desire , that the prince may be dispatched into those parts with speed : and to have a vigilent eye of the scottish prisoners . in the tenth the parliament is commanded to give their advice about the truce of scotland , and preparation against the malice of the french . his sonne , the wise and happy undert●ker , consulteth with the parliament in his first yeare , how to cherish his allies , and restrain his enemies , for this there wa● a select committee of the commons , appointed to confer with the lords , the matter being entered into a schedu●e . touching ireland , wales , scotland , calice , guyen , shipping , guard of the seas , and wary provision to repulse the enemy . in the second he openeth to the parliament his title to france , a quarrell he would prosecute to death : if they allowed and ayded , death is in this assembly , enacted to all , that either break the truce , or the kings safe conduct . the year following peace being offred by the french king , and the king of the romanes arrived to effect the worke , the king refuseth any conclusion , untill he had thereunto the advice and assent of his lords and commons , which occasion the chancellour declareth to that assembly . in the fourth and fifth , no peace concluded with france , the king calleth the state together to consult about the warre , concluding a treaty of amitie with sigismund king of the romanes , by the allowance of the three states , and entreth the articles in the iournall rolle . in the same yeare by the duke of bedford , in the kings absence a parliament was called to the former purposes , as it appeareth by the summons , though in the rolle omitted . the like in the seaventh year . and the treaty with france is by the prelates , nobles and commons of the kingdome perused and ratified in the tenth yeare of this king . his sonne more holy then happy succeeded , and adviseth in the second year with the lords and commons for the well keeping of the peace with france , consulteth with them about the delivery of the scottish king , and the conclusion is confirmed by common assent . in the third yeare they are called to advise and consent to a new article in the league with scotland , for charge of hostage , and in the ninth yeare conclude of certain persons by name , to treate a peace with the dolphin of france . the treaty of arras , whether the pope had sent as mediators two cardinals , not succeeding the king in parliament , anno . sheweth that he must either loose his title , style , and kingdome of france , or else defend it by force : the best meanes for provision whereof he willeth them to advise him . he summoneth again the next year the same councel to advise how the realme might be best defended , and the sea kept safe against the enemies . in the twentith the commons exhibite a bill for guard of the se● , the number of ships , assesse wages , and dispose of prizes if any fortune , to which the king accordeth . and that the genowaies might be declared enemies , for ●ssisting the turk in spoyle of the knights of rhodes , and that the priviledge of the pruce and hanstownes might be suspended , untill composition be made to the english for wrongs they had done them . to the which in part the king accordeth . the king by the chancellour declareth in parliament , that the marriage with margaret the king of sicily his daughter was contracted . for induceing the peace made with france . against the which the lords not by their advise effected , make a protestation , and enter it on the rolle . the king intending to passe in person into france , there to treat of peace with the king , adviseth with his lords and commons in parliament , and letters of mart are granted against the brittaines for spoyles done to the english marchants . the lord hastings and the abbot of glou● , declare in parliament the preparation of the french , the breach by them of the peace , the weake defence of normandy , and the expiration shortly of the truce : requiring speedy advice and remedie . it injoyned the parliament to provide for the defence of the sea and land , against the french . it was commanded by the king to the states assembled , to advise for the well ordering of his house , payment of his souldiers at calice , guard of the seas , raysing of the seige at berwike made by the scots against the truce : disposing of . souldiers arrayed the last parliament : according of differences amongst the lords , restraining the transportation of gold and silver , and quieting the disorders in wales , of all which committees are appointed to frame bills . edward the fourth by the chancellour declareth to the lords and commons , that having made peace with scotland ; entred league with france and denmark , contracted with burgundy and brittaine for their aide for the recovery of his right in france , he had now assembled them to give their cousell in proceeding , which charge in a second session was again pressed unto them . the like was at another parliament held in the eleventh yeare . after this time the journals of parliament have bin either not well preserved , or not carefully entred , for i can find of this nature no records , untill the first of henry the seaventh , wherein the commons by thomas lov●ll their speaker , petition the king to take to wife elizabeth the daughter of edward the fourth , to which the king at their request doth agree . the next is the third of henry the eighth in which from the king , the chancellour declareth to the states the cause of that assembly to be first , to advise a course for resisting the innovation of the scots : the next , how to quiet the quarrell between the king of castile , and the duke of gelders , lastly for assisting the pope against lewes of france , whose bull expressing the injuries done the sea apostolique , was read by the master of the rolles in open parliament , after which the chancellour , there and other lords were sent downe unto the commons to confer thereof . the last is in the two and thirtieth yeare wherein the chancellour remembring the many troubles the state had undergone in doubtful titles of succession , declareth , that although the convocation had judged void the marriage with anne of cleve , yet the king would not proceed without the counsell of the states , whereupon the two arch-bishops are sent downe to the commons with the sentence sealed , which being there discussed , they passe a bill against the marriage . in all these passages of publique counsels , i still observe , that the soveraigne lord either in best advise , or most necessitie would entertaine the commons with the weightiest causes , either forreine or domestique , thereby to apt them and bind them to a readines of charge and they as warily avoiding it to shine expence . fjnjs . notes, typically marginal, from the original text notes for div a e- william the conqueror . domesday . edmerus . huntington . ex libro feodorum in sccio . hen. . stat . ex libro rubro sccij . chronicon de durst●ble . paris . benedict . monac . in vita . h●n . . gervasins doubo . iohn . roger wendon . claus. . io. in dors . claus. , io. pt. . in dors . hen. . plita de bau co . . hen. claus. . hen. . iij . an. . dors edw. . ex rot. part in archinis loud . claus . edw. . iij . . dors. claus. . e. iij . . dors. claus. . e. . dors. edw. . claus. . e. . iij . . claus. . e. . iij . . claus. . e. . iij . . claus. , e. . iij . . dors. claus. . e. . iij . . edw. . claus. . e. . rotl . parl. . edw. . parl. . e. . rotl . parl. . edw. . ses . ij . . rotl . parl , edw. . rotl . parl. . edw. . sess. . ij . . parl. . edw. . rot. parl. . edw. . sess. . da . parl. . e. parl. . e , . parl. . e. iohn . parl. . edw. . parl. . e●w . . parl. . edw. . parl. . edw. . parl. . edw. . parl. ● . e●w . . vrbane . parl. . edw. . parl. . edw. . parl. . edw. . parl. . edw. . parl. . edw. . rich. . parl. . ric. . ▪ anno . stat . . parl. . ric. . anno . parl. . ric. . anno . vrban , . parl. . ric. . anno . . parl. . ric. . sess. . parl. . ric. . sess. . parl. . ric. . sess. . parl. . ric. . sess. . parl. . ric. . sess. . sess. . parl. . rich. . claus. . rich. . parl. . rich. . parl. . rich. . claus. . rich. . boniface . parl. . rich. . parl. . rich. . parl. . rich. . hen. th . parl. . h. . parl. . h. . claus. . hen. . iii iii . iii . . parl. . hen. . hen. . parl. . hen. . anno . parl. . hen. . rot. parl. an. . hen. parl. . & . hen. . parl. . h. . parl. . h. . parl. . hen. . hen. th . rot. parl. . hen. . rot. parl. . hen. . . hen. . eugenius . . hen. . parl. . hen. . anno. . hen. . anno. . hen. . parl. . hen. . anno . anno. . hen. . anno . hen. . anno. . hen. . edw. . anno . anno . edw. . hen. . parl. . hen. . hen. , rot. parl. . hen. . iulius . rot parl. . hen . ex instrument . original . the journals of all the parliaments during the reign of queen elizabeth both of the house of lords and house of commons / collected by sir simonds d'ewes ... knight and baronet ; revised and published by paul bowes ..., esq. d'ewes, simonds, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the journals of all the parliaments during the reign of queen elizabeth both of the house of lords and house of commons / collected by sir simonds d'ewes ... knight and baronet ; revised and published by paul bowes ..., esq. d'ewes, simonds, sir, - . bowes, paul, d. . revised and published / [ ], , [ ] p. : ill. printed for john starkey ..., london : . engraved frontispiece: queen elizabeth in parliament. reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of 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those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elizabeth -- i, -- queen of england, - . england and wales. -- parliament. great britain -- history -- elizabeth, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion queen elizabeth in parliament a. l. chancellor . b. marquises . earles & c. barons . d. bishops . e. judges . f. masters of chancery . g. clerks . h. speaker of y e com̄ons i. black rod. k. sergeant at armes . l. members of the commons house : m. sr. francis walsingham secretary of state. the journals of all the parliaments during the reign of queen elizabeth , both of the house of lords and house of commons . collected by sir simonds d'ewes of stow-hall in the county of suffolk , knight and baronet . revised and published by paul bowes , of the middle-temple london , esq london , printed for john starkey at the mitre in fleetstreet near temple-bar . . to sir willoughby d'ewes , baronet . sir , although none can have so good title to your father's labours as your self , and the improvement of his posterity by them was his great desire ; yet he did not intend to confine them to his own family , but his study tended to the publick good . amongst those very many and large volumes written by his own hand , and his servants , i made choice thoroughly to revise these journals , in the collecting of which , the most indesatigably industrious author imployed much time , labour and cost , constantly endeavouring to find out the truth , and faithfully and impartially relating the same . in his own preface ( to which there needs no other to be added ) he doth declare his credentials and vouchers̄ , and also the usefulness of the work. but there are several other good purposes , to which these journals are very conducible , not particularly mentioned in his preface : yet i shall name but two , the one to be a discovery of the true intent and meaning of some acts of parliament of those times which are now controuerted ; the other to be a just representation of that sincerity , perspicuity and unreseruedness with which the members of parliament then exprest their minds and gave their advice , that there was no difficulty to understand them . the authority and substantial excellency of these collections ( especially since the original journal books are not now extant ) and their rarity do sufficiently recommend them to all judicious persons , and did abundantly convince me , that i could do no better service to my country , nor greater justice to the memory of my worthy uncle , than to publish this monument of his fame ; nor do i know how duly to express my thankfulness to you otherwise than by this publick acknowledgement ; as of your many other favours , so in particular for my free access unto , and use of your well stored library , which hath furnisht me with this opportunity to subscribe my self your most obliged humble servant , paul bowes . the preface of sir simonds d'ewes before the ensuing journals of all the parliaments and sessions of parliament during the reign of queen elizabeth : wherein are expressed the several materials and authorities out of which the said journals were extracted and drawn ; as also what method and form hath been observed in the transcribing of them , together with the excellency and use of them . in respect that these ensuing journals both of the upper house and house of commons , during the reign of that incomparable princess , and virgin queen , queen elizabeth , whose memory will ever remain dear and precious to the church of god , are collected and framed up by my exceeding great pains and diligence out of several materials , and do contain in them incomparable historical matters both touching the church and state , as well as matters of rarity and precedent incident to the orders , priviledges , or usages of either house ; it shall not be amis shortly to touch those heads , that so they may serve as a key for the better direction and guidance in the use of the journals themselves . first therefore i will set down briefly all those materials out of which i have collected these ensuing journals . secondly , the method i have constantly observed in the causing them to be penned or transcribed . and thirdly , the rich treasures of rarity and knowledge contained in them . first , for the materials out of which i drew these ensuing journals of either house , they were for the most part rare and invulgar , viz. . the original manuscript or journal-books of the upper house of every parliament and session of parliament of the queens reign , remaining in the office of the clerk of the same house ; and these are absolute and undeniable records , and therefore could not be removed out of the said office , but i was inforced as often as i had occasion to use them , to repair unto the same , to which i had most free and respectful access always offered me ( as also to the bundles of original acts and petitions reserved there . ) . a large manuscript abridgment in folio of all the said original journal books of the upper house during her majesties reign , very faithfully for the most part collected and transcribed with his own hands by robert bowyer esquire , who continued clerk of the said house ab an . jacobi regis until the eighteenth year of the same king. . the original journal-book manuscripts of the house of commons of every parliament and session of parliament during her majesties raign . . another help which i had for the perfecting of these journals were the two manuscript volumes of fragmentary and imperfect journals , or rather collections of the parliaments and sessions of parliament of queen elizabeth's reign , which remained in sir robert cottons well known and much famoused library , in the said years , and . out of which i had most of the speeches of sir nicholas bacon knight , lord keeper of the great seal of england . out of these also i had passages which did excellently serve to enlarge and beautify some of the journals of the house of commons , as is fully mentioned in their proper places . in which two volumes of parliamentary collections which then remained in sir robert cottons library as asoresaid ( who since deceased on friday the . day of may , anno domini . ) many things being either ignorantly or negligently referred to other times than in truth they belonged unto , are here rectified and enlarged according as the occasion it self required . . and another means to enlarge these ensuing volumes were manuscripts or written fragments i had by me of parliamentary speeches , petitions and such like passages , especially touching the house of commons , all which served most fitly in their due places to supply those things and matters in which the original journal-books themselves were defective . . a further material for the furtherance of this present work was a manuscript treatise which i had by me intituled modus tenendi parliamentum apud anglos , compiled especially as i conceive by robert bowyer esquire , and afterwards enlarged by henry elsing esquire , at this present clerk of the upper house of parliament , in which were many good collections touching proxies , summons , receivors and tryors of petitions , the commons prolocutor , and other matters incident to the passages of the journals of either house , and those especially gathered out of records ; of which treatise there is very much use chiefly made in the two journals of the upper house and house of commons in the parliament held in an. regin . eliz. . and lastly one other unusual or invulgar help for the raising up of this ensuing structure was a manuscript diary i had in my custody of the greatest part of queen elizabeths reign penned by the lord burleigh first principal secretary and afterwards lord treasurer ; which said diary did serve very well to the clearing of some things needful to the perfecting of these ensuing journals . and for printed helps i made especially use of william camdens annals of queen elizabeths reign , penned by him in a fluent and good latin stile ( the errors whereof in these journals are likewise discovered in their due places ) and of the printed books of statutes as often as occasion requireth , in which also some errors and mistakings which escaped in them are fully and plainly convicted and rectified . these foregoing materials both in manuscripts and print i made use of in a general nature for all these ensuing journals more or less . now there were also many particular helps i used for several occasions . and first for the journals of either house in an. regin . eliz. they are all illustrated with so many quotations of all manner of records , that it would be too tedious to discuss or treat of them at large ; only it shall here suffice to have given this touch upon it , that such as are most frequently vouched are parliament rolls , patent rolls and foreign rolls kept within the tower of london , all which will best appear in the perusal of them . where also i had some help out of two transcripts , the one in latine , the other in french , of an old treatise intituled de modo tenendi parliamentum in anglia tempore regis edwardi filii etheldredi . for sundry parliaments also i had several private journals of the house of commons , in an. regin . eliz. very imperfect , and another in an. regin . ejusdem moderately exact , each of them taken by some member of the house . two other i had , the first a journal of the passages of the same house in an. , & reg. eliz. exceedingly defective , and the last de an . , & . of the same queen stored with excellent matters . out of all which , not only the journals of the said house of commons , but even of the upper house also of those parliaments , are much augmented . and for the lord de la wares petitions inserted verbatim in the journal of the upper house , de an . , & regin . eliz. i caused it to be transcribed out of the bundle of acts of that parliament remaining in the office aforesaid of the clerk of the upper house , and carefully examined it thereby . and thus much shall serve for the materials out of which these ensuing volumes were collected and transcribed , which are all of them for the most part so authentick , but especially the original journal-books of either house , as there can be no exception against any thing that doth follow out of them . for the second thing , touching the method i have constantly used , it hath been thus . first before every journal i have prefixed the just dayes or times of the beginning , proroguing , dissolving or adjourning the parliament or session of parliament ; and next under it a summary draught of the chief scope or argument thereof , or at least of some special matter that concerned it . i have in like manner placed all actions of the first day of the parliament , as commissions of prorogation or adjournment , or the solemn passing of her majesty to the upper house , in the journal of the same , as most properly belonging unto it ; as likewise all speeches of that day which passed in the said house , on that day on which the speaker was presented . and i have in the third place constantly inserted into the journals of the said upper house also all commissions of note at large , all proxies that were more rare , the presence of the lords on some special days , and the names of the receivers and tryors of petitions ; and there is no one day on which the house sate and did any thing , but some passages thereof are mentioned . in the journals of the house of commons also are all things inserted and referred unto their due dayes , and i know not any thing that is doubly set down in the two journals of both the houses in the same parliament , or session of parliament , but only the titles sometimes of such bills as were sent up from one house to another ; and that constantly the manner of the beginning and ending of the parliament , and of the presentment of the speaker , which is largely set down in the journal of the upper house , is shortly touched in the house of commons . and because i know the original journal-book of either house to be more judiciously observed , and more to be esteemed than the collections of any private men , therefore i have distinguished by some annotation or animadversion what is taken out of them , or what out of any other material whatsoever . nor are those animadversions of mine own at any time added without some necessary motive , or upon some good ground . very copious indeed they are in the two first journals of the upper house and house of commons in an. regin . eliz. because all matters of form were to be once for all discussed : in all the other journals they are more succinct and infrequent . i confess it cost me many days besides other expences to bring these ensuing volumes to that perfection , in which i now enjoy them . in which besides the abundance of the knowledge in this kind especially gained by it , which sir edward cooke knight a learned writer of this age calls lex parliamentaria , i have as i much desired , done some honour to the memory of that glorious queen england's royal elizabeth , in that i have collected in one body the sum of the agitations of all her parliaments , or at least so much of them as could possibly be gotten , being a work not only singular in respect that i am the sole enjoyer of it , but also because i rest confident that never any other man attempted it , much less brought it to perfection . which i the rather believe , because when i was one day discoursing with sir robert cotten the prime antiquary of this our age not long before his decease , touching the two aforesaid volumes he had of the journals of this queens reign , that i wondred he would treasure up in his library such fragmentary and imperfect stuff , he made me no other answer , but that he was compelled to store up them , because he knew not how to come by any better . and certainly if this work which i have now by gods providence finished , had been performed by any other , it could not have been hid from him who was a very sedulous gatherer , as of other rarities , so especially of parliamentary passages for about the space of forty years before his death . touching the rarities and treasures of knowledge contained in these ensuing volumes , to omit many things , thus much it shall not be amiss to premise , that there may not only hence be gathered whatsoever almost concerns the priviledges , customs and usages of either house , but historical matter also touching the church and state ; and in the whole frame may be frequently seen the admirable wisdom of her majesty and this her great council in the happy quenching of such emergent differences as arose , and in their timely provision against the ambitious spaniard , the restless and irreconcileable enemy of her majesties religion , person and realms . in all parliaments and sessions of parliaments the journals of the house of commons do for the most part much excel those of the upper house in variety and abundance of observable matter , and in their copious and orderly relating each dayes passages . i shall not need further to enlarge my self , but here to shut up this present discourse , this instant friday the . day of february anno domini . that though through gods providence i have finished these volumes , which are intended chiefly for my own private use , and my posterities , yet i have already entred upon other and greater labours , conceiving my self not to be born for my self alone , according to that old saying , melius mori quàm sibi vivere ; or this ensuing distich : qui vivat sibi solus , homo nequit esse beatus . malo mori , nam sic vivere nolo mihi . but before i speak further of any future works intended , it shall not be amiss to add somewhat touching the true transcription of these ensuing volumes ; for i am not ignorant , that not only the greatest part of our ancient manuscripts , but all new written materials , for want of able writers , and especially for lack of comparing the new copy written , with that out of which it was taken , are exceedingly faulty and defective : and therefore it was my care to examine with my own eye , the presence of the lords , the returns of the proxies , the tryors and receivors of petitions , the commissions and such like entire and most material things . neither wanted there just cause of my frequent assistance for the true discovery of the very hand-writing it self of all the iournals of the house of commons during her majesties reign , except of those in the thirteenth , fourteenth , eighteenth and twenty third years of the same queen , which four iournals were very fairly written into one volume in folio ; but as for the three first iournals of the same house de an. , , & dictae regin . they were written in a hand of that time , and had also many obscure abbreviations in them . and as touching all the other iournals of the house of commons , with some part also of the said iournal of the twenty third year of her majesties reign , being entred and bound up together in one volume , they were exceeding difficult to be read , and were certainly the very notes taken and entred into the said volume by fulk onslow esquire then clerk of the said house during the continuance of the parliament , or session of parliament . in all which the said notes being written in a fast running hand , and in every page almost much interlined , and sometimes enlarged by several additions , disposed into such vacant places as the page afforded , often distant each from other , it required and took up much time to discover , and find out not only what was written , but also how each particular was to be disposed into its due place and order . the like difficulty happened in the transcription of some speeches i had my self by me , being the very autographs or first copies penned by such as spake them , as did evidently appear by their many interlinings . but for all other materials out of which these said iournals or those of the upper house were collected , there was no difficulty at all in reading of them , but only what to collect and insert out of each dayes passages , and what to omit , as matter not worthy the transcribing . the chief of the works before mentioned , and by me intended for the publick good , are these ensuing . a general history of great britain from the first inhabitants to the present times , to be drawn especially out of record and other abstruse and exotick monuments , for the reformation of all the chronicles or histories of this kind yet extant , which will require several volumes . the survey of norfolk , suffolk , essex and cambridgeshire , out of records or original deeds . the antiquity of the municipal or common laws of the realm before the norman conquest , out of record also for the greatest part , or other invulgar materials : to which i have a desire also if my time will suffice for collection , to add a second part out of the itinerant and plea rolls , chiefly remaining in the treasury at westminster . these i have proposed to my self to labour in , besides divers other smaller works as well theological as moral , like him that shoots at the sun , not in hopes to reach it , but to shoot as high as possibly his strength , art , or skill will permit . so though i know it impossible to finish all these during my short and incertain life , having already entred into the thirtieth year of my age , and having many unavoidable imployments and cares of an estate and family , yet if i can but finish a little in each kind , it may hereafter stir up some able judgments to add an end to the whole , in the same way and search i shall have waded in before them . in the mean time i shall always pray as i do sincerely desire , that by all my endeavours god may be glorified , the truth divine or humane vindicated , and the publick benefited . sic mihi contingat vivere , sicque mori . simonds d'ewes . the several days on which every parliament or session of parliament during the reign of queen elizabeth began , as also the several days of the dissolution and prorogation of the same . the parliament held in the first year of queen elizabeth began on wednesday the th day of january anno domini . and was dissolved on monday the th day of may anno domini . the session of parliament held in the th year of queen elizabeth began on tuesday the th day of january anno domini . and was prorogued on saturday the th day of april an. domini . the session of parliament held in the th and th years of queen elizabeth began on monday the th day of september anno domini . and was dissolved on thursday the . day of january an. . regin . ejusdem . the parliament held in the th year of queen elizabeth began on wednesday the . day of april anno domini . and was dissolved on tuesday the th day of may ensuing . the session of parliament held in the th year of queen elizabeth began on thursday the th day of may anno domini . and was adjourned on monday the th day of june ensuing . the session of parliament held in the th year of queen elizabeth began on wednesday the th day of february anno domini . and was prorogued on thursday the th day of march ensuing . the session of parliament held in the . year of queen elizabeth began on monday the th day of january anno domini . and was dissolved on friday the th day of april anno domini . the parliament held in the th year of queen elizabeth began on monday the . day of november anno domini . and was dissolved on wednesday the th day of september an. domini . anno regin . ejusdem . the parliament held in the th and th years of queen elizabeth began on saturday the th day of october anno domini . and was dissolved on thursday the . of march anno regin . ejusdem . the parliament held in the . year of queen elizabeth began on tuesday the th day of february anno domini . and was dissolved on saturday the th day of march anno domini . the parliament held in the th year of queen elizabeth began on monday the th day of november anno domini . and was dissolved on tuesday the th day of april anno domini . the parliament held in the . and . years of queen elizabeth began on monday the . day of october anno domini . and was dissolved on thursday the th day of february an. regin . ejusdem . the parliament held in the . and th years of queen elizabeth began on tuesday the th day of october anno domini . and was dissolved on saturday the th day of december ensuing anno . regin . ejusdem . the names of the lord keeper , lord chancellor , or others who supplied their places as speakers of the house of lords during all the reign of queen elizabeth , as also all the names of all the clerks of the said house of parliament , together with the names of the several speakers of the house of commons and clerks of the same house during all the parliaments of the said queens reign . the several years of her majesties reign in which the said parliaments or sessions of parliament were held . the names of the lord keeper , lord chancellor , &c. and of the clerks of the house of lords . the names of the speakers of the house of commons , and of the clerks of the same house . in the parliament held in the first year of queen elizabeth sir nicholas bacon knight , lord keeper of the great seal of england , whose place was supplied mar. . by the marquess of winchester lord treasurer of england . sir thomas gargrave knight speaker .   francis spilman esquire clerk of the upper house . ..... seimour gent. clerk of the house of commons . in the session of parliament held in the fifth year of queen elizabeth the same lord keeper . thomas williams esq speaker . the same clerk. the same clerk. in the session of parliament held in the ninth year of queen elizabeth the same lord keeper and his place supplied for divers dayes during his being sick of the gout , first by the marquess of winchester lord treasurer of england , after by sir robert catlin knight lord chief justice of the kings bench. richard onslow esq the queens sollicitor .   the same clerk , who either died or surrendred his place before the next parl. began in an. reg. eliz. the same clerk. in the parliament held in the thirteenth year of queen elizabeth the same lord keeper , and his place supplied for divers dayes during his sickness by sir robert catlin k t lord ch. justice of the kings bench. christopher wray serjeant at law speaker .   anthony mason aliàs wilkes succeeded francis spilman in the place of the clerk of the house of lords . fulk onslow gent. clerk of the house of commons . in the session of parliament held in the fourteenth year of queen elizabeth the same lord keeper , and his place supplied in his absence for divers days by sir robert catlin k t lord chief justice of the kings bench. robert bell esq speaker .   the same clerk. the same clerk. in the session of parliament held in the eighteenth year of queen elizabeth the same lord keeper , and his place supplied for divers dayes in his absence by the lord burleigh lord treasurer of england . the same speaker .   the same clerk. the same clerk. in the session of parliament held in the twenty third year of queen elizabeth sir thomas bromley knight lord chancellor . john popham esq the queens sollicitor speaker .   the same clerk. the same clerk. in the parliament held in the twenty seventh year of qucen elizabeth the same lord chancellor . john puckering serjeant at law speaker .   the same clerk. the same clerk. in the parliament held in the twenty eighth and twenty ninth years of queen elizabeth the same lord chancellor , and his place supplied for divers dayes during his sickness by sir edmund anderson knight lord chief justice of the common pleas. john puckering serjeant at law speaker again .   the same clerk. the same clerk from oct. . to dec. . . and the same clerks kinsman w. onslow gent. from febr. . to march . ensuing . in the parliament held in the thirty first year of queen elizabeth sir christopher hatton knight lord chancellor . george snagg serjeant at law speaker .   the same clerk. the same clerk. in the parliament held in the thirty fifth year of queen elizabeth sir john puckering knight lord keeper of the great seal of england . edward coke esq the queens sollicitor speaker .   the same clerk. the same clerk. in the parliament held in the thirty ninth and fortieth years of queen elizabeth sir thomas egerton knight lord keeper of the great seal of england . christopher yelverton serjeant at law speaker .   thomas smith esq succeeded clerk of the upper house to anthony mason alids wilkes . the same clerk. in the parliament held in the & years of queen elizabeth the same lord keeper . j. croke esq recorder of london . the same clerk. the same clerk. the journal of the house of lords , a o o regin . eliz. a. d. & . the journal of the proceedings of the house of lords , in the parliament holden at westminster , a o o regin . eliz. anno dom. . beginning there after one prorogation of the same on wednesday the th . of january , and then and there continued until the dissolution thereof on monday the th . day of may anno dom. . queen mary deceased on thursday the th . day of november , in the year of our lord . and the parliament then assembled in the th . and last year of her reign , thereby immediately dissolving . the thrice excellent and prudent princess queen elizabeth , according to her right and hereditary title , without any opposition or difficulty , king philip being then very happily absent beyond the seas , succeeded to all the realms and dominions of mary her sister , excepting callais and those other inestimable places in france , which had been most dishonourably and vainly lost in the time , and towards the end of the reign of the said queen , and finding also the innocent blood of gods saints , shed for the witness of the truth , to have stained the former government with the just brand and stigma of persecuting and tyrannical : and that her realms and dominions were much impoverished and weakened ; whilst in the mean time her enemies every where abroad , were encreased not only in number , but in strength and power ; she therefore in the very entrance of her reign well considering and foreseeing that the surest and safest way to establish the truth , to abolish all foreign and usurped authority , to repair the breaches and weaknesses of her said realms and dominions , to strengthen her kingdoms with shipping and munition , and to revive the decayed trade thereof , was by the common advice and council , and with the publick assent of the body of her realm , did summons herfirst parliament to begin on monday the th . day of january , having before made and appointed that wise and able statesman sir nicolas . bacon knight , lord keeper of the great seal of england . in the setting down of this journal of the upper house in an. . reg. eliz. an. dom. . summoned to begin at the day and place aforesaid ; i have caused to be transcribed many things at large out of the original journal book . some things also of form i have added to it , which are in the very original it self omitted in this regard only , because they were but matters of course , and not much material : yet i was much desirous both in this journal of the upper house , and in that also of the house of commons , in this first year of the queen , to supply once for all the whole matter of form , that so i might the better omit it in the following journals , and have ready recourse hither unto it , being all framed into one structure or body . in this journal of this first year is set down the ground , form , and return of the writs of summons , with their usual and common differences , the commission for prorogation , and the form of proroging the parliament to a surther day , the manner of the beginning of the parliament , with the sitting of the lords spiritual and temporal , the places of peers under age , and of noblemens sons , their fathers living and the difference , the whole form verbatim of the receivers and tryers of petitions . and lastly for what , or by whose licence , the lords both spiritual and temporal , may absent themselves from the parliament house , and send their proxies , the forms of proxies , the cause of a vacat , the several observations upon the return of such usual or unusual proxies , as were this parliament returned , the returns of which are set down at large , out of the original journal book it self , with divers other things of the like nature , and are digested as the following passages of this first parliament of queen eliz. into an orderly and exact journal . before the writs for the summoning of this parliament were sent forth , the queens majesty did send her warrant to sir nicolas bacon knight , lord keeper of the great seal of england , commanding him speedily to cause the said writs to be made , as in like cases had been formerly accustomed , the usual form of which warrant being by bill signed , is as followeth . elizabeth , by the grace of god , queen of england , france , and ireland , defender of the faith , &c. to our right trusty and right wel-beloved nicolas bacon knight , lord keeper of our great seal of england , greeting . whereas we by our council , for certain great and urgent causes concerning us , the good estate and common-wealth of this our realm , and of the church of england , and for the good order and continuance of the same , have appointed and ordained a parliament to be holden , at our city of westminster , the sirst day of april next coming , in which case divers and sundry writs are to be directed forth , under our great seal of england , as well for the prelates , bishops , and nobility of this our realm , as also for the election of knights , citizens , and burgesses of the several counties , cities , and burroughs , towns of the same , to be present at the said parliament , at the day and place aforesaid . whereupon , we will , and command you , forthwith upon the receipt hereof , and by warrant of the same to cause such , and so many writs to be made , and sealed under our great seal for the accomplishing of the same , as in like cases hath been heretofore used and accustomed . and this bill signed with our own hand , shall be as well unto you , as to every such clerk and clerks as shall make and pass the same , a sufficient warrant or discharge in that behalf given . upon this warrant the lord keeper sends out the said writs of summons returnable the th day of january , being monday , and bearing date at westminster the th day of december , in the first year of the queen , the form of which writ is as followeth . elizabetha , dei gratia , angliae , franciae , & hiberniae , regina , fidei defensor , &c. clarissimo consanguineo suo , thomae duci norfolciae , &c. salutem , quia de advisamento & assensu consilij nostri , pro quibusdam ardius & urgentibus negotiis , nos , statum , & defensionem regni nostri angliae , & ecclesiae anglicanae concernentibus , quodd am parliamentum nostrum apud civitatem nostram westmonasterij vicessimo tertio die januarij proximè futuro teneri ordinaverimus , & ibidem vobiscum & cum prelatis , magnatibus , & proceribus dicti regni nostri , colloquium habere & tractatum , vobis sub fide & ligeancia , quibus nobis tenemini , firmiter injungendo mandamus , quod consideratis dictorum negotiorum arduitate , periculis imminentibus , cessante excusatione quâcunque dictis die & loco personaliter intersitis , nobiscum & cum praelatis , magnatibus & proceribus praedictis , super dictis negotiis tractatur ' , vestrumque consilium impensur ' , & hoc sicut nos & honorem nostrum , & salvationem & defensionem regni & ecclesiae praedict ' , expeditionemque negotiorum dictorum diligitis nullatenus omittatis . teste me ipsà apud westmonasterium quinto die decembris anno regni nostri primo . the writ to the archbishop of york ( for the see of canterbury was now void by the death of cardinal pool ) was after this form ensuing . elizabetha , dei gratia , &c. reverendissimo in christo patri , nicholao archiepiscopo eboracen ' &c. and so to the end as it is in the duke of norfolks writ , unless perhaps after the word mandamus , the words following are , in fide & dilectione quibus nobis tenemini , &c. instead of these words to the temporal lords , sub fide & ligeancia quibus nobis tenemini . the writs that were directed to the two marquesses of winchester and northampton , and to all the earls summoned to this parliament , differed nothing from that , by which the duke of norfolk was summoned . the words of the writs that were directed to any bishop , this parliament , were verbatim the same with the archbishops , only differing in the style which is set down before their christian names , being added in these words , reverendo in christo patri , instead of these words inserted into the writs directed to the archbishops , viz. reverendissimo in christo patri . the writs to the viscounts and barons are thus directed , viz. dilecto & fideli suo anthonio vicecomiti , &c. and then all the rest agreeing with the aforesaid writ set down as directed to the duke of norfolk . the writs , by which the judges are summoned are directed thus , dilecto & fideli suo , &c. and differ from the peers writs in these words ( tractare & consilium suum impendere , but not ordinare ) and the same style is inserted in the writs directed to the queen's council , and the rest who are to attend in the upper house . the parliament being summoned to begin , as appeareth by the foregoing writ set down as directed to the duke of norfolk , on the th . day of january , it was upon the said day farther prorogued , in manner and form following . memorandum where the queen's majesty by her first writ , summoned the parliament to be begun and holden at westminster the . day of january , as by the same writ bearing date at westminster the th . day of december in the first year of her reign it more plainly appeareth . her highness upon certain great and weighty causes , and considerations , her majesty especially moving , by the advice of her privy-council , and of her justices of both her benches , and other of her council learned , did prorogue and adjourn this said parliament until wednesday now next following , being the th . day of this instant month , by vertue of her writ patent signed with her own hand , sealed with her great seal , bearing date the th . day of this present month , whereupon at this said th . day of january , the lord keeper of the great seal with divers others her lords and counsellors , repaired to the parliament chamber commonly called the upper house , and there in the presence of the whole assembly of the lords spiritual and temporal , the knights , citizens , and burgesses summoned to the same parliament , did open and declare , that the queens majesty , whose preservation in health giveth safety and surety to the whole publick wealth , not feeling her self in good disposition of body , nor unmindful of the peril that by her too much boldness , by coming abroad might ensue , sent for the lord keeper of the great seal , the lords and others of her highness council , unto whom she declared her estate , and the fear she had to adventure going to parliament this said prefixed day being the th . day of january , requesting them to signifie her estate unto the assembly , and that by virtue of the said writ of prorogation she had prorogued her said parliament from the first said summoned day , until the th . day of the same month. all which matters being notified to the said assembly according to her highness request and pleasure , the said writ for the said prorogation in the presence of that assembly was there then read , by the clerk of the upper house publickly and openly , the tenor whereof ensueth verbatim . elizabetha , dei gratiâ , angliae , franciae , & hiberniae , regina , fidei defensor , &c. praedilectis & fidelibus nostris praelatis , magnatibus , & proceribus regni nostri angliae , ac dilectis & fidelibus nostris militibus , civibus & burgensibus dicti regni nostri ad parliamentum nostrum apud civitatem nostram westmonasterij . die instantis mensis januarij inchoand ' & tenend ' convocat ' & elect ' & eorum cuilibet salutem . cum nos , pro quibusdam arduis & urgentibus negotiis nos statum & defensionem dicti regni nostri angliae , & ecclesiae anglicanae concernen ' dictum parliamentum nostrum ad diem & locum praedictum teneri ordinaverimus ac vobis per seperalia brevia nostra apud civitatem & diem praedict ' interesse mandaverimus ad tractand ' assentiend ' & concludend ' super his quae in dicto parliamento nostro tunc & ibidem proponerentur & tractarentur . quibusdam tamen certis de causis & considerationibus nos ad hoc specialitèr movend ' dictum parliamentum nostrum usque diem hujus instantis mensis januarij duximus prorogand ' it a quod nec vos , nec aliquis vestrum ad dictum . diem januarij apud civitatem praedictam comparere teneamini , seu arctemini ; volumus enim vos & quemlibet vestrum ; inde erga nos penitùs exonerari mandantès & tenore presentium firmiter injungendo precipientes vobis & cuilibet vestrum ac omnibus aliis quibus in hac parte intererit , quod ad dictum . diem januarij apud praedictam civitatem westmonasterij personalitèr compareatis & intersitis , & quilibet vestrum compareat & intersit ad tractand ' , faciend ' , agend ' , & concludend ' , super his quae in dicto parliamento nestro de communi concilio dicti regni nostri savente domino contigerit ordinari . teste me ipsa apud westmonasterium . januarij anno regni nostri primo . this day also although the parliament begun not , nor any peers sate in the upper house , but the lord keeper and some others of either house met only in the parliament chamber to prorogue the parliament until the th . day of this instant month as aforesaid , were divers proxies returned from many of the lords both spiritual and temporal , who in their absence did constitute others of the said upper house to give their voices for them . and because no lord could be absent , without licence from her majesty first obtained during this parliament , it will not be impertinent amongst other matters of course , to set down the form of the said licenses , which were as followeth . right trusty and wel-beloved , we greet you well , whereas we are informed that by reason of sickness , you are not able to make your repair hither to this our sessions of parliament , to be holden at westminster ; we have thought good by these our letters to dispense with you for your absence , and do license you to remain still at home for this time . so nevertheless that you send up your proxie to some such personage , as may for you , and in your name give his voice , assent , or denial to such matters as shall be treated and concluded upon in our said parliament , and these our letters patents shall be your warrant in this behalf . given under our signet at our palace at westminster the first day of january in the first year of our reign . upon the obtaining and receipt of this aforesaid licence from her majesty , granted to every absent lord in particular , they sent their several proxies , of which the first that was returned this day was the proxie of william lord dacres , which said proxie is entred in the beginning of the original journal book , remaining with the clerk of the upper house , in manner and form following . . januarij introductae sunt literae procuratortae willielmi domini dacres qui procuratorem suum constituit anthonium vicecomitem mountacute . this proxie was delivered to the clerk of the parliament , or to his servant or deputy ; for the course ( as i suppose ) hath been , and is at this day , that the proxie may be delivered either in or out of parliament , and the delivery thereof is good , only the clerk of the upper house doth usually register or enter the same in the beginning of the journal of that session or parliament , with the direct day of the month on which he received it , and sometimes sets not the day down , the form of which proxie may be conjectured to have been as followeth . omnibus christi fidelibus ad quos hoc presens scriptum pervenerit willielmus dominus dacres salutem . noveritis me prefatum dominum dacres per licentiam serenissimae dominae nostrae reginae a presenti hoc suo parliamento tent ' & inchoat apud westmonasterium &c. sufficienter excusatum abesse , nominare , ordinare , & constituere dileitum mihi in christo & honorandum virum anthonium vicecomitem mountacutum meum verum , certam , & indubitatum factorem , actorem , atturnatum , seu procuratorem per presentes ; eidemque procuratori meo dare & concedere plenam authoritatem , & potestatem , pro me , & nomine meo , de , & super quibuscunque causis & negotiis in presenti hoc parliamento exponendis , seu declarandis tractandi tractatibus , achujusmodi , mihifactis . seufaciendis consilium & auxilium nomine meo impendendi statutisque etiam & ordinationibus , quae ex maturo & deliberato judicio dominorum tam spiritualium quam temporalium in eodem parliamento congregator ' mactari seu ordinari contigerint nomine meo consentiendi eisdemque si opus fuerit , subscribendi caeteraque omnia et singula quae in premissis necessaria fuerint seu quomodolib ' requisita faciendiet exercendi in tam amplis modo et forma , ut ego ipse facere possem , aut deberem , si praesens personalitèr interessem , ratum et gratum habiturus totum et quicquid procurator ' meus statuerit , aut facerit in premissis ; in cujus rei testimonium presentibus subscripsi sigillumque apposui dat' &c. anno regni dictae dominae nostrae elizabethae dei gratia angliae franciae & hiberniae regina , fidei defensoris &c. primo . here under the proxie is usually the name of the lord that sendeth it subscribed . note , that this is not the direct copy of the proxie sent by the lord dacres , but only his name added unto it , being set down according to the form , observed both in these times , and in ours which have since followed ; for if these lords , who do constitute proctors , have their proxies drawn by the clerk of the parliament's direction , which is the best and most usual course , then are they always drawn in manner and form aforesaid . but if any lord , by reason of his far distance from the place where the parliament is held , or by some other occasion , doth make his own proxie , then the form doth usually differ from that which is before set down , and is in manner and form as followeth , to which i have added the name of the bishop of peterborough , because the spiritual lords do most usually venture to make their own proxies , and because the said bishops proxie is entred the th . day of january in the original journal book of this first parliament of the queen , next after the proxie of the lord dacres before set down , the entrance whereof is as followeth . . januarij introductae sunt literae procuratoriae david episcopi petriburgi qui procuratores suos constituit nicholaum archiepiscop ' eboracen ' edmund ' episcop ' london , & radolph ' episcop ' coventr ' & litch . this proxie that followeth being of a new form , and different from that which is before set down , is here added , as sent by the bishop of peterborough , for the reason above expressed . pateat universis per presentes , quod ego david permissione divina peterburgen ' episcopus licentia regia in ea parte prius obtent ' necnon diversis arduis impeditus & detentus negotiis , quo minus in presenti sessione parliamenti hujus inclyti regni angliae personaliter comparere debit ' praestare obsequium ac in ea parte inservire valeam , reverendissimum in christo patrem nicholaum , providentia divina eboracen ' archiepiscopum totius angliae primati & metropolitano et reverendos in christo patres edwardum episcop ' londinen ' & radolph ' episcop ' coventr ' et litch ' et eorum utrumque conjunctim et divisim , meos veros , legitimos actores , factores , atturnatos , et procuratores facio et constituo ; eisdem que procuratoribus meis , et eorum utrique conjunctim et divisim plenam in domino do et concedo authoritatem , et potestatem , per me , et in nomine meo , in dicta presenti sessione parliamenti compend ' et de , et super quibuscunque negotiis in eadem presenti sessione parliamenti exponend ' declarand ' et tractand ' tractatibus hujusmodi mihi fact ' seu faciend ' consilium nomine meo impendend ' statutisque etiam & ordinationibus , quae ex maturo et deliberato judicio dominorum , tam spiritualium quam temporalium , in eadem presenti sessione parliamenti congregat ' mactetari , seu ordinari contigerint , nomine meo consentiend ' caeteraque omnia singulaque in premissis , seu circa ea necessaria fuerint seu quomodolibet requisita faciend ' perimplend ' & exercend ' in tam amplis modo et forma , ut ego ipse facere possem , et deberem , si presens personaliter interessem , ratum et gratum habens ' et habitur ' totum et quicquid procuratores mei praedicti statuerint aut fecerint , seu alter eorum statuerit aut fecerit in premissis . in cujus rei testimonium . sigillum meum magnum et episcop ' presentibus apponi , feci , dat' etc ' anno domini millesimo quingentessimo quinquagessimo octavo . i do observe it to be very usual , yet not always observed ) in the return of proxies , to suppose the parliament to be begun , although they be returned sometimes before it begins , as these , and divers others which now follow ( according to the entrance of the returns of them ) were in this first parliament of the queen . besides , the said proxies are many times dated divers days , nay weeks , before the first day on which the beginning of it is limited by the summons : by which means it may also fall out , that if there be any prorogations , the said proxies may be both dated and returned many months before the parliament do hold , but the reason , i conceive , of this clause in every proxie , may be , because , before any use can be made of it in the upper house , or that be called for , the house must of necessity be set , and be in agitation of business , and then the course is , if any thing come to the question , the clerk of the parliament , or his deputy , is to search the journal book , to see whether such lords as give their voices , for others that be absent , be indeed nominated , and appointed their proctors . this same day were many other proxies both usual and extraordinary returned , of which , and of the nature and forms of proxies , more shall be presently said , after the setting down of the return of the said proxies , inserted at the beginning of the original journal book of this first parliament of the queen , in manner and form as followeth . eodem die ( viz. . die januarij ) introductae sunt literae procuratoriae johannis domini mordant , in quibus procuratores suos constituit henricum comitem arundel , et franciscum comitem bedford . vacat . eodem die introductae sunt literae procuratoriae thomae tresham prioris sti. johannis jerusalem in anglia , qui procuratorem suum constituit nicholaum archiepiscop ' eboracen . eodem die introductae sunt literae procuratoriae willielmi domini paget , qui procuratores suos constituit henricum comitem arundel & franciscum comitem bedford . eodem die introductae sunt literae procuratoriae cuthberti episcopi dunelmen ' , qui procuratorem suum constituit archiepiscopum eboracen . eodem die introductae sunt literae procuratoriae johannis comitis bathon ' , qui procuratorem suum constituit henricum comitem rutland . eodem die introductae sunt literae procuratoriae georgij domini zouch , qui procuratorem suum constituit franciscum comitem bedford . eodem die introductae sunt literae procuratoriae henrici domini aburgavenae , qui procuratorem suum constituit franciscum comitem bedford . eodem die introductae sunt literae procuratoriae thomae episcopi , ely in quibus procuratores suos constituit nicholaum archiepiscopum eboracen ' episcopos cestren ' et lincoln . and note that the christian names of these two bishops are omitted in the original entrance . introductae sunt literae procuratoriae willielmi domini burgh , in quibus procuratorem suum constituit edwardum dominum clinton , admirallum angliae . introductae sunt literae procuratoriae edwardi domini windsor ' , in quibus procuratorem suum constituit edwardum dominum clinton , admirallum angliae . introductae sunt literae procuratoriae willielmi domini euers , in quibus procuratorem suum constituit edwardum dominum clinton , admirallum angliae . introductae sunt literae procuratoriae gilberti episcopi bathen ' & wellen ' , qui procuratores suos constituit nicholaum archiepiscopum eboracen ' , edmund ' london ' , et davidem ' petreburgen ' , episcopos . introductae sunt literae procuratoriae henrici episcopi meneven ' in quibus procuratores suos constituit nicholaum archiepiscopum eboracen ' , ac davidem ' petreburgen ' , episcopos . the proxies introducted this day , and entred in the beginning of the original journal book of the upper house , as the constant use is , are referred by me always to those days on which they were entred to have been returned , unless it be in such journals , where the day of the return is not entred , as in the original journal book , a. . regin . eliz. from which time to this day , the same course hath been observed . and because i have desired to make up a work somewhat exact and perfect , of the journals of the reign of this most gracious queen , and once for all to make some animadversions upon all matters of form in this journal of her majesties first parliament , that so all other may be referred unto it , therefore i shall now add a little , touching the nature , kinds , and use of proxies , as i have set downbefore , touching the writs of summons . a proxie therefore is no more than the constituting of some one or more , by an absent lord , to give his voice in the upper house , when any difference of opinion and division of the house , shall happen , for otherways , if no such division fall out , it never cometh to be questioned , or known to whom such proxies are directed , nor is there any the least use of them , save only to shew , prove , and continue the right which the lords of the upper house have , both to be summoned , and to give their voices in the same house , either in their persons , or by their proxies ; and when the voices of that house are to be divided , then the clerk of the same , if he be present , or his deputy , gives notice of such proxies , as have been introducted and delivered unto him , and to whom they are directed , that they may give them accordingly . and as many proxies as any peer hath , so many voices he hath besides his own , and if there be two or three proxies constituted by one absent lord , as is frequent , then always the first named in the same is to give the voice if he be present , and if absent then the second , et sic de reliquis . it is plain by that ancient manuscript intituled , modus tenendi parliamentum , of which i have a copy both in french and latin , cap. de inchoatione parl. that if a peer neither came to the parliament , nor sent a proxie upon his writ of summons he forfeited l. if an earl marks , if a baron which was after qualified , viz. rotulo parliamenti a. . h. . num. . and a duke for such default was fined l. an earl marks , and a baron l. and it is plain , that anciently the lords spiritual and temporal were often absent without the king's licence , and did then only send the expression of the cause of their said absence , in their said proxies , as did the abbot of selby . a. . edw. . as appears , ex registro ejusdem 〈◊〉 ' alledging only this reason , quia impedimentis variis et arduis negotiis concernentibus reformationem status domùs nostrae simus multipliciter impediti &c. and so likewise in a. . h. . the cause of the abbot of shrewsburies absence is thus expressed in the original journal book of the upper house , a. codem . die parliamenti relatum est quod abbas salop ' gravi infirmitate detinetur quod hîc interesse nequit , ideo constituit procuratores suos episcopam coventr ' et eitch ' et comitem salopiae conjunctim et divisim , but always then the proxies were directed to the king , and did in truth contain in them as well supplication for his pardon of their absence , as a constitution of their proctors , as doth plainly appear by this proxie following , of the abbots of thorney , which i have the rather inserted at large , because the very original it self under seal remaineth with me amongst many other pretious originals in my library . excellentissimo principi et domino suo singularissimo domino henrico dei gratià regi angliae et franciae , ac domino hiberniae , suus humillimus et devotus robertus dei patientia divina abbas monasterii beatae mariae sanctique botolphi de thorney subjectionem , et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend ' pro me et nomine meo , in parliamento vestro coram vestra regia celsitudine vicessimo die mensis januarij prox ' futur ' post datum presens apud westm ' favente gratia spiritûs sancti felicitor inchoand ' nè personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand ' precipuè pretextu adversae valetudinis nostrae caeterisque ex causis justis veris et probabilibus quod interesse non valemus prout affectamus : qua proptervestrae regiae humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hàc parte excusatam gratiose dignetur habere vestrae clementia majestatis , et ut vestro mandato in quantum possumus in omnibus pareamus , reverendos in christo patres sancti albani sti ' edmundi de bury , sti ' benedicti de ranisy , et sti ' gutlaci de coland ' abbates conjunctim et divisim , et corum quemlibet nostros veros , et legitimos procuratores atturnatosque fideles tenore presentium constituimus et ordinamus , promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me , et nomine meo , fecerint vel alter fecerit in premissis seu aliquo promissor ' vestrae regiae celsitudini humilitèr supplico quatenus absentiam meam personalem hac vice ex regia mansuetudine habere dignemini gratiose excusatam . in cujus rei testimonium sigillum nostrum commune present ' est appensum dat' apud thorney praedict ' decimo quarto die mensis januarij an. regni regis henrici octavi quinto . sometimes also the said sickness , or cause of absence is testified by oath , as appears in the original journal of the upper house , a. . h. . feb. die . where james marshal servant to the lord scroop made affidavit of his lord's detention by sickness . but even anciently , if the parliament were to be assembled by reason of some great and extraordinary occasion , and that the king declared in his writ of summons , that he would not admit of any proxies ista vice , then none did presume to send them , but upon the king's licence first obtained , as appears , ex rotulo parliamenti a. . ed. . die . januarij a. . ed. . die . novemb. a. . ric. . die . jan. ct a. . ric. . die . martij . but of later times , since the th . year of h. . the lords in their very proxies , do express their absence to be by the king , or queen's licence , and oftentimes the clerk of the upper house doth insert the memorial of their return , with their expression of their absence by the said licence . and in making of proxies it hath always been at the free choice and election of a spiritual lord , that sent the said proxie to constitute some other spiritual lord , or a temporal lord , or both , and so likewise mutatis mutandis hath the liberty been of a temporal lord , although there appears but three presidents thereof , during her majesties reign , of which , the first was in a. . regin . eliz. where william bishop of exeter , constituted for his proctor francis earl of bedford . and the second in a. eodem regin . ejusdem , where thomas archbishop of york constituted the earl of bedford his joynt proctor with richard bishop of ely , and rowland bishop of bangor . and the third and last in a. . & . regin . praedict ' , where hugh bishop of bangor did constitute william lord burleigh lord treasurer of england his joynt proctor with john archbishop of canterbury , but in former time the presidents of this nature , are more frequent . for there was so little observation kept in this kind , as sometimes the lords spiritual , and temporal did constitute the judges and barons of the exchequer , being but attendants on the house , for their proctors , and sometimes strangers , as the abbot of selby in edward the third's time constituted john goldale , a monk of that house , and william r. clerk his proctors , and these also were sometimes appointed tryers of petitions joyntly with the lords , as appears a. . ed. . and sometimes committees with the lords , prout patet ex rotulo parliam ' de a. . ed. . n. . . & . these animadversions being thus premised of proxies in general , now follow some others that concern the particular proxies foregoing , and the residue that were returned at this session , on saturday the th . day of february ensuing , and on wednesday the th . day , and on saturday the th . day of march following , and on tuesday the th . day of april ensuing . and therefore in the first place , it shall not be amiss to make remembrance , that in the journal of this parliament , i have caused the entry of all proxies whatsoever , as well ordinary as extraordinary to be transcribed , because it is the first parliament of her majesty , whereas in most of the residue , i have only caused those to be inserted into my journals , which were extraordinary and unusual . and whereas the word ( vacat ) is added at the beginning of the entrance of the return of the proxie of thomas tresham prior of st. johns of jerusalem in england , as also before that of william lord euers , which are before , amongst others set down . the reason of the first i cannot possibly guess , because neither the archbishop of york , to whom the said thomas tresham had sent his proxie , was himself absent , nor the said prior present , nor dead before the return of his said proxie , as may easily be gathered ; but for the other , it is plain that the lord clinton , whom the lord euers did constitute for his proctor , was absent at the beginning of this parliament , and did himself send his proxie , which is entred at the beginning of the original journal book of the upper house , to have been returned on saturday the th . day of february , although the word ( vacat ) be prefixed also before the entrance of the return of the same , because he afterwards came to the parliament himself , and served in person in the upper house , the greatest part of the continuance thereof , and from these examples may be gathered the true causes , both why , and when a proxie that is returned becometh void , either when the peer , or lord that sends the proxie dies himself , or comes to the house in person before the end of the parliament , or that the proctor or proctors , whom he constitutes , do die , or be otherwise absent , and send their proxies themselves ; for in this latter case , those proxies are to be repealed by the lord chancellor , as there is a president for it in the end of the original journal book of the upper house , a. . et . h. . in the case of nevil lord latimer , for though the absent lord , or lords , to whom the proxie is directed , do constitute other proctors , yet they cannot execute such proxies as are directed unto him : for a proxie is but an authority to give another man's assent , which cannot be transferred to a third person ; yet doth the sending of one proxie sufficiently excuse any absent lord , although the peer , to whom it is directed , be not present himself , but as soon as that absent lord shall have notice that he , or they , whom he constituted for his procurators , do themselves send their proxies also , by reason of their absence , then may he send another proxie , and constitute one other or more proctors for himself and in his stead , to give his voice de novo , as the lord vaux did in a. . jacobi regis . after those bloody and intestine civil wars , which had been raised in england in the year . and that robert , earl of essex , general of the forces raised by the two houses of parliament against the king , had ( by the power of the independent faction , over ballancing those , who desired the settling of the presbyterian government ) been laid aside , and sir thomas fairfax knight placed in his room ; the opposition between those two parties in either house of parliament , growing every day higher and higher , the aged earl of mulgrave , being an enemy to all faction and innovation , was much troubled that william viscount say and seale , the chief promoter of the independent novelties , did make use of his proxie for the acting and passing those particulars , which were contrary to the judgment and conscience of him the said earl of mulgrave : and therefore , my advise being desired by some of the members of the house of commons , for the reminding him . thereof , i drew the letter and instrument ensuing , being not only the first , but the sole president also of this king , which yet remains upon record in the office of the clerk of the house of peers . to the right honourable , the speaker of the house of peers , pro tempore . my very good lord , i am humbly to request of your lordship , to communicate this my present instrument , under my hand and seal to the house of peers , that it may be publickly there read , and remain upon record in the office of the clerk of the same house : kenzington . april . i am your lordships humble servant . to all christian people to whom these presents shall come , edmund earl of mulgrave , greeting . know ye , that whereas i the said edmund earl of mulgrave , have formerly constituted the right honourable william viscount say and seal , &c. my lawful actor , and procurator for me , and in my name , to give my voice and suffrage upon all such emergent occasions , as the same shall be requisite , by the ancient orders and constitutions of the house of peers , that i do now , by these presents revoke , and vacate the proxie by which i did formerly constitute the said william viscount say and seal , my lawful actor and procurator as is aforesaid ; and do hereby declare the same proxie to be utterly annulled , vacated , and revoked , to all intents and purposes whatsoever . in witness whereof , i have signed and scaled these presents , this day of april in the th . year of the reign of our sovereign lord charles , by the grace of god , of england , scotland , france , and ireland , king , etc. an. dom. . this instrument was written , and ingrossed in parchment as a deed poll is , and to it in a libel of parchment , was the seal of the said earl of mulgrave affixed , and it was read and allowed in the house of peers . soon after the allowance of the aforesaid instrument the said earl of mulgrave sent this ensuing proxie to the earl of essex , who made use of it in the house of peers , and it was there allowed of , without any the least question , or dispute . omnibus christi fidelibus ad quos hoc presens scriptum pervener it edmundus comes de mulgrave salutem . noveritis me prefatum edmundum comitem de mulgrave per licentiam serenissimi domini nostri regis a presenti hoc suo parliamento inchoat ' et tent ' apud westmonasterium etc. sufficientèr excusatum abesse , nominare , ordinare , et constituere , dilectum mihi in christo et honorandum virum robertum comitem essex , meum verum , certum , et indubitatum factorem , actorem , seu procuratorem per presentes , eidemque procuratori meo dare , & concedere plenam authoritatem , & potestatem , pro me & nomine meo , de & super quibuscunque causis & negotiis in presenti hoc parliamento exponendis , seu declarandis tractandi , tractatibusque hujusmodi inibi factis seu faciendis consilium & auxilium nomine meo impendendi statutisque etiam & ordination ' quae ex maturo & deliberato judicio domincrum in eodem parliamento congregat ' inactitart seu ordinari contiger in t nomine meo consentiendi caeteraque omnia & singula quae in praemissis necessaria fuerint , seu quomodolibet requisita faciendi , & exercendi in tam amplis modo & forma , ut ego ipse facere possem , aut deberem , si presens personalitèr interessem , ratum & gratum habiturus totum & quicquid procuratormeus statuerit aut fecerit in praemissis . in 〈◊〉 rei testimonium praesentibus subscripsi sigillumque apposui . neither will it be impertinent to set down here how many proxies were sent to some special peers at this parliament , it having been my usual course to make some short remembrance of them in all their journals of queen eliz's reign , upon the first day that any extraordinary proxies were returned : and i have caused not only the presidents of this kind to be inserted here at large , in respect this was the first parliament of her majesties reign ; but also because they are more full and direct , than any other that ensue , to prove what hath been the ancient use and priviledge of the peers of the upper house , in the matter of sending , and receiving of lords procuratory . at first , nicolas archbishop of york ( for the see of canterbury remained still void since the death of cardinal pool , ) was constituted the sole , or joynt proctor of david bishop of peterborough , cuthbert bishop of durham , thomas bishop of ely , gilbert bishop of bath and wells , henry bishop of st. davids , and of thomas tresham prior of st. johns of jerusalem ; all which proxies are entred at the beginning of the original journal book of the upper house , to have been returned on monday the th . day of january , on which this present parliament was summoned to have begun . francis earl of bedford was also constituted the sole , or joynt proctor of several peers . viz. of john lord mordant , william lord paget , george lord zouch , and of henry lord aburgaveny , all which proxies are entred at the beginning of the original journal book of the upper house , to have been returned this present monday the th . day of january . he was also constituted the joynt proctor of edward lord clinton , lord admiral , thomas lord sands , william lord vaux of heredoun , william lord gray of wilton , and henry earl of cumberland , all whose proxies are entred in such order , as they be here set down , in the aforesaid journal book , to have been returned on saturday the th . day of february . the proxies also of edward earl of derby , john earl of oxford , henry lord strange , thomas viscount howard of bindon , and henry lord morley , by which the said earl of bedford was constituted their sole , or joynt proctor , are entred in the same order they are transcribed , in the before mentioned original journal book , to have been returned on saturday the th . day of march ensuing . and lastly , the said earl of bedford was constituted the joynt proctor ( with edward lord clinton lord admiral ) of oliver lord st. john of bletto whose letters procuratory are entred to have been returned on tuesday the th . day of april ensuing . edward lord clinton lord admiral , was constituted the sole proctor of william lord burgh , edward lord windsor , and william lord euers , whose proxies are entred at the beginning of the original journal book of this parliament , to have been returned on this monday the th . day of this january . he was also constituted the joynt proctor of william lord grey of wilton , whose proxie is entred , as aforesaid , to have been returned on saturday the th . day of february ensuing , the proxie also of francis earl of huntington is entred , as before , to have been returned on saturday the th . day of march following , by which he constituted the said lord clinton his joynt proctor with henry lord hastings ; and for the proxie of john lord darcie of darcie entred there , as before , to have been returned on this day likewise , he is constituted his sole proctor . and lastly the said lord clinton lord admiral was constituted the sole , or joynt proctor of william lord willoughby of parham , edward lord hastings of louthbury , and of oliver lord st. john of blestoe , whose proxies are entred to have been returned on tuesday the th . day of april ensuing . by these three foregoing presidents , it doth plainly appear , as also from all other presidents of former and latter times , that any member of the upper house by the ancient usage and custom of the same , is capable of as many proxies as shall be directed unto him , although there were an order made in the said house to the contrary , upon the day of anno regis caroli an. dom. . that no lord cr member whatsoever , of the upper house , should for the time to come , be capable of above two proxies at the most , which said order was occasioned , in respect that george duke of bucks , both the favorite of the king deceased , and of king charles now reigning , this present year did , to strengthen himself by voices , not only procure divers persons to be made members of that house but also ingrossed to himself near upon . several proxies . and now , if this doubt or conceipt should arise in any mans mind , that therefore the lords have a greater priviledge , than the members of the house of commons , because they can appoint others to serve in and supply their places in their absence , which the commons cannot , they are much deceived and mistaken , for it is plain that the chief end of a proxie is , that the upper house may have all its members either in person , or by representation , and therefore the lords spiritual and temporal , who are summoned thither , in their own right have anciently had , and still do retain , the liberty of constituting their procurators , whereas every member of the house of commons appeareth , and doth serve in the right of that county , city , burrough , and port for which he is elected and chosen , which being a trust and confidence reposed in them , can be no more transferred from him to a third person , than can the proxie of the lords be from him to whom it is directed , if he shall be absent likewise : and therefore if any knight , citizen , burgess , or baron , after he is elected and returned , shall before the meeting of the house , be disabled by sickness , attainder , or other cause , from serving in the same , then presently order is given from the house to the clerk of the crown , for the sending thither a second writ for a new election ; so that the said house may not remain without any member that appertains unto it . and this i conceive tantamount unto a proxie , which cannot be granted , but when the absence of the lord that sends it , is perpetual during that whole parliament or session , for which he constitutes one or more proctors : for if he repair to the upper house any time after , and serve in person , his proxie is presently void . on wednesday the th . day of ian. the parliament was held , according to the last prorogation thereof on monday the th . day of this instant ianuary foregoing , and therefore this day is to be reckoned the first day of the parliament , and it was the error of — seimour esq at this time clerk of the house of commons , that in the original journal book of the same house , fol. . a. he accounteth , and setteth down the parliament to have begun on the aforesaid th . day of ianuary , when it was only prorogued , by which he would make that to be the first day thereof . true it is , that anciently if the parliament had been prorogued on that day , to which the summons thereof had referred , in the beginning of it , they were so far from accounting that day the first of the ensuing parliaments , that new writs of summons were thereupon sent forth , and a new day appointed for the beginning thereof , as appears in the parliament rolls . anno . edw. . die . novemb. an. . edw. . die . decembris a. . edw. . die . julij & a. . edw. . die . martij . but yet it hath been the constant usage most anciently , and doth doubtless hold at this day also , that if the king do come in person to the parliament , on that day to which the writs of summons do refer , and there cause it to be referred to another day in his own presence , then shall that day be accounted the first day of the parliament ; of which there are many presidents also , in the parliament rolls still remaining in the tower of london , prout in a. . edw. . octobris sti ' hillarij a. . edw. . tempore quadragessimi & a. . edw. . quindena paschae ; and of divers other parliaments in his time , and in the time of king r. . his successor . and thus also the last day of the parliament , or of any particular session , is counted to be that on which the royal assent is given , to one or more acts of parliament , yet if that parliament or sessions be adjourned to another day , on which the sovereign doth again come in person , and cause it to be dissolved or further prorogued , then that latter day is to be accounted the last day thereof , of which there is one only president during all the reign of queen eliz ' , viz. in the original journal book a. . dictae reginae on thursday the th . day of march. the presence of her majesty , the lord keeper , and the lords spiritual and temporal , is not at all marked in the original journal book of the upper house , although this entrance following of the said day be there thus recorded , viz. die mercurij . die januarij proceres , tain spirituales quam temporales , quorum nomina subsequuntur , presentes fuerunt . but before this title there is nothing specified , touching the presence of her majesty , or of any of the lords , for the letters which should be set at the beginning of the names of such peers as this day attended her majesty in the upper house , are not at all prefixed to any of them , which doubtless happened , through the great negligence of francis spilman esq at this time clerk of the upper house . yet most certain it is that her majesty , sir nicholas bacon , the lord keeper , the duke of norfolk , and divers other peers were present ; but the direct manner of the ranking of them , in respect of the negligent omission of setting the pr. as aforesaid at the beginning of every lords name that was present , could not be orderly and and directly entred in his place , although this was the first day of this first parliament of her majesty , nor on saturday the th . day of this instant january , being the second day of the same , because by like negligence of francis spilman esq at this time clerk of the upper house , there is no presence of any lords there set down in the original journal book of the same house , nor any mention of the speakers presentment by the knights , citizens , and burgesses of the house of commons ; and therefore of necessity it could not be supplied , until the third day of this foresaid first parliament of her majesty , being monday the th . day of this instant january ; on which day the names of all the lords spiritual and temporal being entred , the letters pr. are prefixed before the name of the lord keeper , and of such peers as were then present : ( as see at large on the said monday next ensuing ) and therefore that president there so expresly transcribed , may serve as a pattern for all the residue that follow in all the journals of the upper house during her majesties reign : in which there are no other names inserted , but of such lords as were marked to be present , unless it be upon thursday the th . day of march following , in the afternoon in this present journal , and on fryday the th . day of january in the session of parliament . a. . of her majesty in the journal of the upper house . and although the names of her majesty , and the lords that attended could not be exactly set down , yet it will not be impertinent in the next place , to insert the manner of their sitting in the said house , which being not at all mentioned in the aforesaid original journal book of the same , a. . reg. eliz. i have therefore partly supplied it , according to other presidents in these ensuing journals on which the first was on thursday the th . of jan. in the session of parliament , a. . reg. eliz. the second , on wednesday the d . day of octob. pomerid ' , in the second and last session of that parliament , being held in a. . reg. 〈◊〉 . and the third , on monday the d . day of apr. in the parliament a. . regin . praedict ' all which do follow in the several journals of the upper house , annis praesatis , and it is partly supplied also out the printed statute , a. . h. . c. . and partly out of that elaborate written treatise , intituled modus tenendi parliament ' apud anglos , first confusedly gathered by wil. bowyer esq as i conceive , and now lately digested into a methodical treatise , and enlarged by h. essing esq at this time clerk of the upper house , viz. in a. . l. . c. . de loco & modo sedendi . sect. . of the manner of sitting in parliament at this day . her majesty sate in the chair of estate , and when she stood up , her mantle was assisted , and born up from her arms by two noblemen , or others of eminent rank thereunto appointed . the two seats , on the right , and left-hand of the chair of estate , were void , in respect that the first was anciently for the king of scots , when he used to come to our parliaments : and the other , on the left hand , is for the prince , the immediate heir of the crown . on the form on the right side of the chair of estate , which stands on the north-side of the upper house , sate the spiritual lords , the archbishop of york beginning the form ; and the abbot of westminster ending it . who was the last abbot that ever sate in the said house in england , since this first parliament of her majesty . but at this day the two archbishops sit upon one form by themselves , and then the other bishops in order upon two forms , on the right hand of the state ; the bishop of london sits first , the bishop of durham second , and the bishop of winchester hath the third place , and then all other bishops , according to the antiquity of their consecrations . on the left side of the chair of estate , which is on the south-side of the upper house , upon the foremost form , sate all the temporal lords , above the degree of barons . the marquess of winchester lord treasurer of england , beginning that form , and the viscount bindon ending it . the barons sate on the second form , on the left hand of the state , and it should seem at this parliament ( as it fell out also in the next sessions following , in a. . regin . eliz. on tuesday the th . day of january ) that one form held them all , so as the lord clinton , lord admiral of england , began the said form by reason of his office , and the lord st. john of bletsoe ended it . but at this day the number of peers being much encreased , divers of the barons do sit upon other forms , places , cross-ways , at the lower end of the house . sir nicholas bacon , the lord keeper , because he was under the degree of a baron , as also her majesties chief secretary , being but a knight , were to have been placed at the uppermost part of the sack in the midst of the said house , upon one form , by the fore recited statute , a. . h. . cap. . but at this present parliament as also at this day , during her majesties being present , the lord keeper stood behind the cloth of estate , on the right-hand ; and when her majesty was absent , then his lordship sate on the first woolsack which is placed athwart the house , the seal and mace by him . on the woolsack on the north-side of the house , and of the right-hand of the estate , sate the two chief justices , and divers other judges . on the woolsack on the left-hand of the estate , and on the south-side of the house , sate the master of the rolls , the lord chief baron , the queen 's learned council , and others . and note , that all these may properly besaid to sit on the inner-side of the woolsacks , and the queen 's learned council on the outside of the woolsacks , next the earls . the masters of the chancery sate two of the same side , and two on the other side , next the bishops . the clerk of the parliament , and the clerk of the crown , sate on the lower woolsack , and had a table before them . and the clerk of the parliament had his clerks under him , who kneeled behind the woolsack , and wrote thereon . all those peers ( as appears by the journal of the upper house . a. . regin . eliz. the . day of feb. being wednesday , which follows after in its due place ) who are before mentioned , had their mantles , hoods , and surcoats , ( being of crimson velvet , or of scarlet ) furred with meniver , their arms put out on the right side , and the duke of norfolk had four bars of meniver . the marquess of winchester , and the earls three . and the viscounts , and the barons , two . henry , earl of southampton , and the lord dacres , of the north , were , as i conceive at this time , both under age , and in ward to her majesty , and if they were present , ( as many times such were admitted upon such solemn days as these , ) then doubtless they did either stand besides the upper part of the rail , at the higher end of the parliament house ; or else were admitted to kneel at the upper end of the said house , near the chair of state , for no peer is called to sit as a member of that great council , or to have his free voice , until he have accomplished his full age , unless by the special grace of the prince , and that very rarely , unless they be near upon the age of twenty at the least . the sons and heirs apparent of peers , that sit in the house , stand , on ordinary days , without the upper rail . these animadversions being thus premised , touching the places , and robes of the peers ; now follows the coming up of the knights , citizens , and burgesses , of the house of commons , into the upper house , which , being not found in the original journal book of the same , i have suppli'd with some additions out of the original journal book of the house of commons , a. primo regin . eliz. and with it the speech of sir nicholas bacon , lord keeper , at large , out of a copy thereof i had by me . the knights , citizens , and burgesses of the house of commons remained sitting in their own house till notice was brought them by ..... ( according to the ancient custom and usage , ) that her majesty , the lords spiritual and temporal , and the residue were set in the upper house , expecting their repair thither , whereupon they went up immediately unto the said house , and being set in , as many as conveniently could , and standing below the rail or bar , at the nether end of the said house , sir nicolas bacon , lord keeper , after he had first privately , in the presence of them all , conferred with her majesty , went and stood behind the cloth of estate , on the right hand , and there spake as followeth ; viz. my lords , and masters all , the queen 's most excellent majesty , our natural and most gracious sovereign lady , having , as you know , summoned hither her high court of parliament , hath commanded me to open and declare the chief causes and considerations that moved her highness thereunto . and here , my lords , i wish ( not without great cause ) there were in me ability to do it in such order and sort , as is beseeming for her majesties honour and the understanding of this presence , and as the great weightiness and worthiness of the matter doth require it to be done . the remembrance whereof , and the number of my imperfections to the well performing of it , doth indeed ( plainly to speak ) breed in me such fear and dread , that as from a man abashed , and well nigh astonied , you are to hear all that i shall say therein . true it is , that some comfort and encouragement i take , through the hope i have conceived , by that i have seen and heard of your gentle sufferance by others , whereof i look upon equal cause , equally with others to be partaker : and the rather , for that i am sure good will shall not want in me to do my uttermost , and also because i mean to occupie as small a time as the greatness of such a cause will suffer , thinking that to be the meetest medicine to cure your tedious hearing , and mine imperfect and disordered speaking . summarily to say , the immediate cause of this summons and assembly , be consultations , advice , and contentation . for although divers things that are to be done here in parliament , might by means be reformed without parliament , yet the queen's majesty , seeking in her consultation of importance , contentation by assent , and surety by advice ; and therein reposing her self not a little in your fidelities , wisdoms and discretions , meaneth not at this time to make any resolutions in any matter of weight , before it shall be by you sufficiently and fully debated , examined and considered . now the matters and causes whereupon you are to consult , are chiefly and principally three points . of those the first is of well making of laws , for the according , and uniting of these people of the realm into an uniform order of religion , to the honour and glory of god , the establishing of the church , and tranquillity of the realm : the second , for the reforming and removing of all enormities , and mischiefs , that might hurt or hinder the civil orders and policies of this realm : the third and last is , advisedly and deeply to weigh and consider the estate and condition of this realm , and the losses and decays that have happened of late to the imperial crown thereof ; and therefore to advise the best remedies to supply and relieve the same . for the first , the queen's majesty having god before her eyes , and being neither unmindful of precepts and divine councils , meaneth and intendeth in this conference , first and chiesly there should be sought the advancement of god's honour and glory , as the sure and infallible foundation , whereupon the policies of every good common-wealth are to be erected , and knit ; and as the straight line , whereby it is wholly to be directed and governed ; and as the chief pillar and buttress , wherewith it is continually to be sustained and maintained . and , like as the well and perfect doing of this , cannot but make good success in all the rest , so the remiss and loose dealing in this , cannot but make the rest full of imperfections and doubtfulness ; which must needs bring with them continual change , and alteration ; things much to be eschewed in all good governances , and most of all in matters of faith and religion ; which of their natures be , and ought to be , most stable . wherefore her highness willeth , and most earnestly requireth you all , first and principally , for the duty you bear unto god , whose cause this is ; and then for the service you owe to her majesty , and your country , whose weal it concerneth universally ; and for the love you ought to bear to your selves , whom it toucheth one by one , particularly , that in this consultation , you with all humbleness , singleness and pureness of mind , confirm your selves together , using your whole endeavour and diligence , by laws and ordinances to establish that , which by your learning and wisdom shall be thought most meet for the well performing of this godly purpose : and this without respect of honour , rule or soveraignty , profit , pleasure or ease , or of any thing that might touch any person in estimation or opinion of wit , learning or knowledge ; and without all regard of other manner of affection . and therewith , that you will also in this your assembly and conference clearly forbear , and , as a great enemy to good council , fly from all manner of contentions , reasonings and disputations , and all sophistical captious and frivolous arguments and quiddities , meeter for ostentation of wit , than consultation of weighty matters , comelier for scholars than counsellors ; more beseeming for schools , than for parliament houses . besides that commonly they be great causes of much expence of time , and breed few good resolutions . and like as in council all contention should be eschewed , even so by council provision should be made , that no contentions , contumelious , nor opprobrious words , as heretick , schismatick , papist and such like names , being nurses of such seditious factions and sects , be used , but may be banished out of mens mouths ; as the causers , continuers and encreasers of displeasure , hate and malice ; and as utter enemies to all concord and unity , the very marks that you are now come to shoot at . again , as in proceedings herein great and wary consideration is to be had , that nothing be advised or done , which any way in continuance of time were likely to breed , or nourish any kind of idolatry , or superstition ; so , on the other side , heed is to be taken , that by no licentious or loose handling , any manner of occasion be given , whereby any contempt , or irreverent behaviour towards god and godly things , or any spice of irreligion might creep in , or be conceived ; the examples of fearful punishments that have followed these four extremities , i mean , idolatry , superstition , contempt and irreligion in all ages and times , are more in number than i can declare , and better known than i can make recital to you of . and yet are they not so many , or better known than by the continual budding benefits and blessings of god to those that have forsaken those extremities , and embraced their contraries . and for your better encouraging to run this right and strait course , although that which is said ought to suffice thereto , i think i may affirm , that the good king hezekiah had no greater desire to amend what was amiss in his time ; nor the noble queen hester a better heart to overthrow the mighty enemies to god's elect , than our sovereign lady and mistress hath to do that may be just and acceptable in god's sight : thus forced to this by our duties to god , feared thereto by his punishments , provoked by his benefits , drawn by your love to your country , and your selves , encouraged by so princely a patroness , let us in god's name go about this work , endeavouring our selves with all diligence , ( as i have before said ) to make such laws , as may tend to the honour and glory of god , to the establishment of his church , and to the tranquillity of the realm . for the second , there is to be considered what things by private men devised , be practised , and put in ure in this realm , contrary or hurtful to the common-wealth of the same , for which no laws be yet provided ; and whether the laws before this time made be sufficient to redress the enormities they were meant to remove , and whether any laws made but for a time , be meet to be continued for ever , or for a season : besides , whether any laws be too severe or too sharp , or too soft and too gentle ; to be short , you are to consider all other imperfections of laws made , and all wants of laws to be made , and thereupon to provide the meetest remedies , respecting the nature and quality of the disorder and offence ; the inclination and disposition of the people ; and of the manner of the time . for the third and last , ( a marvellous matter ) i cannot see how a good true englishman can enter into the consideration of it , but it must breed in his breast two contrary effects ; comfort i mean , and discomfort ; joy , and sadness ; for on the one part , how can a man ( calling to his remembrance , that god of his divine power and ordinance , hath brought the imperial crown of this realm to a princess , that so nobly , diligently , willingly and carefully doth , by the advice of all the estates of the realm seek all the ways and means that may be , to reform all disorders and things , that be amiss ; to continue and make firm that that is good , to detect and discourage those that be dishonest and evil ; to execute justice in all points to all persons and at all times , without rigour and extremity , and to use clemency , without indulgence and fond pity . a princess , i say , that is not , nor ever meaneth to be , so wedded in her own will and fantasie , that for the satisfaction thereof , she would do any thing that was likely to bring any servitude or bondage to her people , or give any just occasion to them of any inward grudge , whereby any tumult or stirs might arise , as hath done of late days , things most pernicious and pestilent to the common-wealth ; a princess , that never meaneth or intendeth , for any private affection , to advance the cause or quarrel with any foreign prince or potentate , to the destruction of her subjects , to the loss of any of her dominions , or to the impoverishing of her realm ; a princess , to whom nothing , what nothing ? no , no worldly thing under the sun is so dear , as the hearty love and good will of her nobles and subjects , and to whom nothing is so odible , as that they might cause , or by any means procure the contrary . ) how can ( i say ) a man remember this wonderful benefit , but of necessity he must needs heartily rejoyce , and give god thanks for the same ! but , my lords , the handling of the princely vertues of this noble princess , the cause of our rejoycing , of purpose i pretermit , partly because i ever supposed it not altogether meet for this presence ; but chiefly , for that it requireth a perfect , and excellent orator , in whom both art and nature concurs , and not to me , a man in whom both fails . marry , i wish in my heart , an apt person might oft have meet presence , and just occasion , to handle this matter , as the weightiness of the cause requireth : but as the causes of our rejoycing for such respects be ( thanks be to god , ) both many and great ; so for the causes of our sadness and discomfort , they be neither few nor little . but here upon great cause , as a man perplexed and amazed , i stay , not knowing what is best to be done ; very ioth i am to utter that which is much unpleasant for me to speak , and as uncomfortable for you to hear : but because sores and wounds be hardly cured , except they be well opened and searched , therefore constrained , of necessity i see i must trouble you with these sad matters . what man , that either loveth his sovereign , his country or himself , that thinketh of and weigheth the great decays and losses of honour , strength and treasure , yea and the peril that hath happen'd to this imperial crown of late time , but must needs inwardly and earnestly bewail the same ? could there have happen'd to this imperial crown a greater loss in honour , strength and treasure than to lose that piece , i mean callis ? which was in the beginning so nobly won , and hath so long time , so honorably and politickly , in all ages and times , and against all attempts , both foreign and near , both of forces and treasons , been defended and kept ? did not the keeping of this breed fear to our greatest enemies , and made our faint friends the more assured , and lother to break ? yea , hath not the winning and keeping of this , bred throughout europe an honorable opinion and report of our english nation ? again , what one thing so much preserved and guarded our merchants , their trasfick and entercourses , or hath been so great a help for the well uttering of our chief commodities , or what , so much as this , hath kept a great part of our sea-coasts from spoiling and robbing ? to be short , the loss of this is much greater than i am able to utter , and as yet , as i suppose , is able to be understood by any : and yet , my lords , if this were the whole loss , then might men have some hope in time to come to recover that , that in time hath been thus suddenly and strangely lost ; but when a man looketh further , and considereth the marvellous decays and wast of the revenue of the crown , the inestimable consumption of the treasure , levied both of the crown , and of the subject , the exceeding loss of munition and artillery , the great loss of divers valiant gentlemen of very good service , the incredible sum of moneys owing at this present and in honour due to be paid , and the biting interest that is to be answered for the forbearance of this debt , therewith remembring the strength and mightiness of the enemy , and his confederates , and how ready he is upon every occasion , upon every side , and in every time , to annoy you ; and how the time most meet for that purpose draweth on at hand again ; if a man consider the huge and most wonderful charge , newly grown to the crown , more than ever hath heretofore been wont , and now of necessity to be continued ; as first , the maintenance of garison in certain places on the sea-coasts , as portsmounth , with new munition and artillery , besides the new increased charge for the continual maintenance of the english navy to be ever in readiness against all evil happs ; the strongest wall and defence that can be against the enemies of this island ; and further also , the new augmentation or charge , for the maintenance of a garison at barwick , and the frontiers northward . indeed , i must confess that in those matters mine understanding is but small , and mine experience and time to learn , less : but in mine opinion , this doth exceed the ancient yearly revenue of the crown . besides , that double so much is of necessity to be presently spent , about the fortifying of those places in buildings . when i say a man remembreth , and considereth these things , it maketh him so far from hope of recovery of that , that is lost , without some aid or contribution of the subject ; that he will judge all to be little enough , to make and prepare good defence for that that is left . here perchance a question would be asked , ( and yet i do marvel to hear a question made of so plain a matter ) what should be the cause of this ? if it were asked , thus i mean to answer ; that i think no man so blind but seeth it , no man so deaf but heareth it , nor no man so ignorant but understandeth it . marry withal , i think there is no man so hard hearted in thinking of it , but for the restoring of it would adventure lands , limbs , yea the life . but now to the remedies , wherein only this i have to say ; that , as the well looking to the whole universally , is the only sure preservation of every one particularly ; so seemeth it of all congruence and reason meet , that every one particularly , by all ways and means readily and gladly , according to his power , should concur , and joyn to relieve and assist the whole universally . neither can i see , things standing as they do , how any that loveth his country , or hath wit to foresee his own surety , can be withdrawn from this . is there any , think you so mad , that having a range of houses in peril of fire , would not gladly pluck down part , to have the rest preserved and saved ? doth not the wise merchant , in every adventure of danger , give part to have the rest assured ? these causes well compared , small difference shall be found . and for all this ( a strange matter and scarce credible ) with how deaf an ear , and how hardly the queen's majesty may endure to hear of any device that may be burthenous to her subjects , i partly do understand , and divers others partly perceive . is not the cause marvellous pityful , that the necessity and need of this ragged and torn state by misgovernance , should by force so bridle and restrain the noble nature of such a princess , that she is not able to show such liberality and bountifulness to her servants , and subjects , as her heart and inclination disposeth her highness unto ? what a grief and torment this is to a noble mind ! what a grief ? surely such a grief , as but to a noble mind who feels it , it cannot be understood . but for the more plain declaration of her highness's disposition in this matter , her highness hath commanded me to say unto you , even from her own mouth , that were it not for the preservation of your selves , and the surety of the state , her highness would sooner have adventured her life , ( which our lord long preserve ) than she would have adventured to trouble her loving subjects with any offensive matter , or that should be burthenous or displeasant unto them ; and for the further notifying of her highness's mind herein , she hath commanded me to say unto you , that albeit you your selves see , that this is not matter of will , no matter of displeasure , no private cause of her own , which in times past have been sufficient for prince's pretences , ( the more pity ! ) but a matter for the universal weal of this realm , the defence of our country , the preservation of every man , his house and family particularly ; yet her majestie 's will and pleasure is , that nothing shall be demanded or required of her loving subjects , but that , which they , of their own free wills and liberalities , be well contented , readily and gladly , frankly and freely to offer ; so great is the trust that she reposeth in them , and the love and affection that her highness beareth towards them , nothing at all doubting , but that they will so lovingly carefully and prudently consider and weigh this great and weighty matter , that such provision out of hand be taken therein , as her highness shall be preserved in all honour and royal dignity , and you , and the rest of her loving subjects , in common quiet and surety . now , to make an end , the queen's majestie 's pleasure is , that you , her welbeloved and trusty knights of her shires , and burgesses , according to your laudable custom , shall repair to your common house , and there deliberately and advisedly elect , or rather , amongst so many already elect persons , select one , both grave and discreet , who after he be by you presented , and that presentation by her highness admitted , shall then occupy the office and room of your common mouth , and speaker , and of your day of presentation the queens majesty giveth you . as soon as the lord keeper had ended his speech , and the knights , citizens and burgesses retired to the house of commons , to elect and choose their speaker , francis spilman esq clerk of the upper house , stood up , and read the names of receivers , and tryers of petitions in french , according to the ancient and unusual manner . and because i resolve in all the ensuing journals of the said house , during the reign of this most sacred queen , only to set down their said names , without tying my self to the express form or language ; therefore i have in this place , once for all , transcribed the exact form thereof , as it is entred in the original journal book of the upper house , a. isto primo regin . eliz. with this difference only , that whereas it is there entred before the beginning of the said journal , here i have caused it to be referred unto , and placed in that day , to which it more properly belongs . after which also , divers animadversions touching the ancient use and nature of the said receivers and tryers , are inserted . recepveurs des petitions d' angleterre ir'land gallee et d'escoce . messire robert catelyn chl . chef . justicier . et ceux qui veuleut delivrer leur petitions , les baillent dedans six jours prochainement ensuivants . messire guillame cordell chl . garden des rolles . messire umfrey browne chl . et justicier . messire rich. reed chlr . docteur lewis docteur harnye . recepveurs des petitions de gascoigne et des autres terres et pais de per de la mer , et des isles . messire james dyer chl . et justicier . et ceux qui veuleut delievrer leur petitions , les baillent dedans six jours prochainement ensuivants . messire edward saunders chl . le chief . baron . messire anthony browne justicier . messire johan . vaughan docteur mowse . et sout assignes trieurs des petitions d' angleterre ireland gallee et d' escoce . larcheresque de york toute eux ensembles , ou quatre des prelattes et seigneurs avant ditz appellants auecque eulx mons. le garden du grand-seal et le thesaurarier , et ausi les serians de la roigne , quand besoigne sera , et tiendrout leur places en la chambre du chambrelain . le marquisse de winchester thesaurar . de angleterre . le duc de norf. conte marescalle de angleterre . le cont de arundel le cont de rutland le cont de bedford le cont de pembrooke le baron clinton et saye le grand admiral de . angleterre . le baron rych . et sout assignes trieurs des petitions de gascoigne , et de autres terres et pays per de la mer et des isles . le marquiss de northampton . toute eux ensembles , ou quatre des prelats et seigneurs avant-ditz appellants a-vecques eulx les serjeans de la roigne , quand il sera besoigne , et tiendrout leur places en le chambre de thesaurarier . le conte de shrewsbury . le conte de sussex . le conte de huntingdon . le evesque de london . le evesque de carlisle . le baron howard d'effingham , chambrelaine de la roigne . le baron stafford . le baron willoughby . le baron williams de thame . le baron north. the knights , citizens , burgesses , and barons of the house of commons , having notice about one of the clock in the afternoon , ( of this foresaid saturday being the th . day of jan. ) that her majesty , the lord keeper , and divers lords , spiritual and temporal , were set in the upper house , expecting their attendance , they repaired immediately thither , with sir thomas gargrave knight , their speaker elect , and being let in as many as conveniently could , the said sir thomas gargrave was led up to the rail , or bar , at the lower end of the said house , by two of the most honorable personages of the house of commons ; where , after three reverences made to her majesty , he modestly and submissively excused himself , as being unable to undergo the many and great difficulties of that place : to which , by the grace of the queen , and the undeserved favour of the house of commons , he had been chosen ; alledging withal , that there were many members in that house more worthy of the honour , and more able to undergo the charge of that service , than himself ; and therefore desired , and humbly advised the queen's majesty , to free him from that employment , and to commend to her knights , citizens , and burgesses of the house of commons , the choice of some other of their more able members . but notwithstanding all these reasons and excuses , according to the usual form , by the said prolocutor alledged , sir nicholas bacon knight , lord keeper of the seal , by her majesties commandment , both encouraged him to the careful undertaking of that service , and assured him of the queen's acceptance , and admission of him , by this oration following . sir thomas gargrave , the queen's majesty doth right well perceive and understand your comely and modest manner , in the disabling of your self for this office , and room , whereunto her trusty and wel-beloved knights and burgesses have elected you , and do now presently present you , and therewith also hath heard your petition and suit , made with all humbleness and reverence , for your discharge in this matter ; for answer whereunto , her majesty hath commanded me to say unto you , that she her self right well doth understand , that by the orders and rules of good government and policy , power and authority , to receive or refuse any office of service in any common-wealth , should not be permitted to be in the arbitriment of him , who is thereunto orderly called , or appointed , nor that the judgment and discerning of ability and disability in service , pertaineth to the person called , but to her majesty , asdoth right well appear by a similitude that is old and common , but neither unapt nor untrue ; that is , like as unto the head of a natural body pertaineth the appointment , and as it were the marshalling of every member of the same body to the particular service , and office ; so to the head of every body politick , be it emperor , king or less state , belongeth , mediately or immediately derived , the assignment and admitting of every member of the same body , to his ministry and duty , and as the contrary doing in the first , were monstrous in nature , so surely the contrary doing in the second , were monstrous in reason . now her majesty having this authority in her , as head of the politick body of this realm , and therewith being credibly informed of your approved fidelity , wisdom and discretion , and of the long experience that you have had in parliament matters , thinketh , that if her highness should assent to your desire , it would be prejudicial to her majesty , and the common-wealth of the realm . besides also , for as much as you have been chosen , and enabled to this office and place , according to an ancient and laudable order , by so many wise , sage and discreet knights , and burgesses , to whose judgment and opinion , her highness thinketh it meet and convenient for her to have great regard , and to give much credit ; and saith , that for that respect also , her majesty may not conveniently grant your petition . again , your self , seeking in humble and reverent manner your own discharge and disablement , have indeed , by well , comely , modest and orderly doing thereof , given no small cause , whereby you are to be enabled ; and therefore her majesty , upon these respects and divers others , doth now presently admit this election , and presentation made of you , nothing at all doubting , but that you will , with such diligence , faithfulness and circumspection , use and exercise your office , as thereby the good hope and expectation , that her majesty hath received of you , by that she hath heard of others already , shall be by that her self shall see and hear , not only confirmed , but also increased and augmented ; and so , as her highness's loving subjects of her common's house , shall neither have just cause to repent their election , her majesty her admission , nor you your self the assumption , and taking upon you this charge . unto which speech of the lord keepers sir thomas gargrave humbly submitting himself to the undergoing of the charge and service imposed on him , made a discreet and submissive answer , in which he expressed the great blessedness now accrewed to the realm , and all conditions therein , by her majesties attaining the crown ; being a princess so richly endued with piety , wisdom , mercy , justice and tender care of her people's good and safety , and with all other gifts of mind and body , requisite for the government of so great a kingdom . then he proceeded to many hearty prayers , and feeling expressions of the good success of the parliament , and for the uniting of their councils in one issue , and to the repairing of the many losses , and preventing of many dangers , now imminent over the realm . and lastly , he came , according to the usual form , first to desire liberty of access for the house of commons to the queen's majesties presence , upon all urgent and necessary occasions . secondly , that if in any thing himself should mistake , or misreport , or over-slip that which should be committed unto him to declare , that it might , without prejudice to the house , be better declared , and that his unwilling miscarriage therein might be pardoned . thirdly , that they might have liberty and freedom of speech in whatsoever they treated of , or had occasion to propound and debate in the house . the fourth , and last , that all the members of the house , with their servants and necessary attendants , might be exempted from all manner of arrests and suits , during the continuance of the parliament , and the usual space , both before the beginning , and after the ending thereof , as in former times hath always been accustomed . to which speech of the said speaker , the lord keeper , without any long pausing , repli'd again in manner and form following . mr. speaker , the queen's majesty hath heard , and doth very well understand your wise and discreet oration , full of good meaning , good will and good matter : the effect whereof ( as i take it ) may be divided into three parts ; of those the first containeth the commendation of the queen's highness , the second , certain good wishes and desires of yours , very honorable , profitable and commodious for the realm to be followed , and put into execution . the third , divers petitions concerning the exercises of your office , and the liberties and priviledges of the commons house . for the first , the queen's majesty giveth you most hearty thanks , as for a good exhortation made to her highness , to become such a one as you have commended her for ; but not acknowledging those vertues to be in her highness , marry , confessing that such as she hath be god's graces . and therewithal , her highness wisheth , ( as she trusteth you all do , ) that for england's sake , there were as many vertues in her , as would serve for the good government of this her realm , committed to her royal charge , and desireth you all , with her , to give god dayly thanks for those which she hath , and to make humble petition to grant such increase of the rest , as to his divine providence shall be thought for his honour most meet . for the second , her maiesty trusteth , and verily believeth , that those good wishes and desires of yours are so deeply graven , and perfectly imprinted in the hearts of the hearers , that the good success and sequel , that should come thereof , will evidently declare , that you have not in vain spoken them , nor they negligently heard them . for the third and last , you have divided into four petitions ; the first , for your access to the queen's highness and her nobles , for your reports and conference . the second , that you be born with in any thing , if you should in any of your reports be mistaken , or overslipped , and that without prejudice to the house it be better declared . the third , liberty of speech , for well debating of matters propounded . the fourth and last , that all the members of the house and their servants may have the same freedom from all manner of suits , as before time they used to have . to these petitions , the queen's majesty hath commanded me to say unto you , that her highness is right well contented to grant them unto you , as largely , as amply and as liberally , as ever they were granted by any her noble progenitors ; and to confirm the same with as great an authority . marry , with these conditions and cautions ; first , that your access be void of importunity , and for matters needful , and in time convenient . for the second , that your diligence and carefulness be such , ( mr. speaker , ) that the defaults in that part be as rare as may be ; whereof her majesty doubteth little . for the third , which is for liberty of speech , therewith her highness is right well contented ; but so , as they be neither unmindful , or uncareful of their duties , reverence and obedience to their sovereign . for the last , great heed would be taken , that no evil disposed person seek of purpose that priviledge , for the only defrauding of his creditors , and for the maintenance of injuries and wrongs . these admonitions being well remembred , her majesty thinketh all the said liberties and priviledges well granted . to come to an end , only this i have to put you in mind of , that in the sorting of your things , you observe such order , that matters of the greatest moment , and most material to the state , be chiefly , and first set forth ; so as they be not hindred by particular and private bills to this purpose . that when those great matters be past , this assembly may sooner take end , and men be licensed to take their ease ; i have said . the speaker being thus allowed , he returned to the house of commons , with the serjeant of the house bearing the mace before him ; and the queen's majesty , and the lords rose , and departed . on monday the th . day of january , were divers lords , spiritual and temporal present , as is plainly set down in the entrance of the names in the original journal book of the upper house . francis spilman esq clerk of the upper house , standing at the table near the lower woolsack , did there read a certain bill , written in paper , and intituled , an act for the restitution of the first fruits , and tenths , and rents reserved , nomine decimae , and of parsonages impropriate to the imperial crown of this realm ; and after he had so read it , ( which was accounted the first reading thereof , ) then he delivered the same kneeling , unto sir nicholas bacon , knight , lord keeper of the great seal , together with a brief of the bill . the lord keeper read the title of the bill , and then reported the effect of the same unto the house out of the brief , and then concluded with these words , viz. this is the first time of the reading of this bill . and there is no mention made in the original journal book of the upper house , that this bill was at all spoken unto upon this reading , neither is it indeed usual , although there have not wanted presidents thereof , prout a. . h. . . die parliamenti billa de actionibus , brought from the commons lecta prima vice , & domini disputando censuerunt reformandum quod regia majestas haberet . . vel annos , pars vero contra partem nisi unum annum . and a bill hath been rejected upon the first reading , prout anno . edw. . . nova billa pro jurisdictione episcoporum rejected , and a committee appointed ; to draw a new bill ; of which also there want not divers other presidents in most of the other journals during her majesties reign : but most true it is , that usually a bill is seldom rejected till the second reading , for then it is most proper to be spoken unto ; and when it hath received either a longer or shorter disputation in the house , then the proceedings eommonly are either to order it to be engrossed , or refer it to committees , or to reject it ; which course holdeth only in bills that come newly into either house . for if a bill , having passed one of the two houses , be sont unto the other , it is never ordered to be ingrossed , because it comes from thence ready ingrossed in parchment , and seldom referred to committees , or rejected ; there want not also divers presidents , when a bill hath been disputed after the third reading , and sometimes recommitted , and sometimes rejected . of all which , the examples and presidents are so frequent in all the insuing journals of this queen , as also in those foregoing of h. . ed. . and queen mary , as there is not need to make any large citation of them : neither do there want , in their several places , fit and due references , whereby to refer the several presidents of this nature , contained in one and the same journal , from one to another . which things being thus premised and observed , now follow some animadversions or presidents , touching the commission of bills , and further proceedings in them upon the first reading . bills also have been committed upon the first reading , prout an. . h. . . feb. recepta est billa in papyro concernens apparatum , & lecta est prima vice & deliberata magistro pigot reformanda . anno primo ed. . . novembris allata est à communi domo billa for benefices , common preachers and residence , quae prima vice lecta est , & commissa archiepis . cantuarien ' , episcopo elien , episcopo dunolmen ' , episcopo roffen ' , episcopo lincoln ' , marchioni northampton , domino st. john , comiti arundel , domino admirallo & domino wentworth , and in a. . edw. . . feb. hodie prima vice lecta est billa to avoid regrating , forestalling , &c. & commissa est magistro hales , magistro molineux , magistro saunders , & solicitatori reginae . and there are very many presidents that bills have been committed upon the first reading , in the times of hen. . and ed. . as may appear by the committees of those times . the like presidents are to be found in most of the journals of her majesty , prout a. . eliz. oct. . the bill for the better executing of statutes , &c. codem an. . octob. touching fines and recoveries , an. . eliz. . aprilis , against fraudulent conveyances , &c. an. . eliz. . maij , for preservation of woods , eodem an. & die , for the punishment of vagabonds ; and so in many other parliaments of this queen's time , of which ( because they are so frequently obvious ) it would be unnecessary to make further repetition . and although there be no mention made in the original journal book of the upper house , that the lords and members of the same were this day called , yet there is no great doubt to be made thereof ; and therefore i have caused it to be inserted , and applied unto this time , in manner and form following . francis spilman the clerk , did on this third day of the parliament call every lord in the house by his name , that so it might be seen , who were present ; beginning with the lowest baron , and ascending to the highest peer , where also the proxies and other excuses of the absent lords , were registred . but it may be collected by the parliament rolls annis . . . . . . & . ed. . that the lords names were called the first day , and the commons also in the upper house before the king 's coming , which order , in respect of the time , is held still with the commons , whose names are usually called at this day in the court of requests , the first day of the parliament . dominus custos magni sigilli continuavit presens parliamentum usque in diem crastinum , hora octava . on tuesday , the th . day of jan. the former bill for the restitution and annexation of the first fruits and tenths , to the imperial crown of the queen's majesty , was read the second time . francis spilman esq clerk of the house , ( having read the said bill for the restitution and annexation of the first-fruits , &c. ) standing at the table , near the nether woolsack , did then deliver the same without any brief , kneeling to the lord keeper , who thereupon read the title thereof to the house , and said , this is the second reading ; and so the bill was ordered to be ingrossed , which is no more , than to transcribe the bill sairly out of the paper , in which it was written , into parchment . more shall be said , touching the referring of a bill to committees , on fryday the third day of march ensuing ; where is the first mention of committing any bill during this parliament . after the second reading of the aforesaid bill , there appeareth no other matter in the original journal book of the upper house , save only the entrance of the continuance of the parliament by the lord keeper . on wednesday the first day of february , the bill for the recognition of the queen's highnesse's title to the imperial crown of this realm , was read the first time , ( in such manner and form , as the bill for the restitution of the first-fruits and tenths , &c. was read , on monday the th . day of january foregoing ; ) and was thereupon committed to the queen's attorney , which cannot properly be called a committing of the bill , because no lords are named committees therein , but only a referring of the bill to the said attorney , ( who , as is most likely , with the residue of the queen 's learned council , did at first draw it ) that so upon further perusal thereof , he might again bring it into the house , and certifie the lords , if any thing were to be altered or reformed in it . on saturday , the th . day of february , the bill , for the recognition of the queen's highnesse's title to the imperial crown of this realm , was read the second time , in such manner and form as the bill , for the restitution and annexation of the first-fruits , &c. was read , on tuesday the th . day of january foregoing , and was thereupon ordered to be ingrossed . the bill also for the restitution and annexation of the first-fruits and tenths and rents reserved nomine decimae , and of parsonages impropriate , to the imperial crown of this realm , was read the third time , the whole manner and form of proceedings wherein , as also of the sending thereof down unto the house of commons , i have caused to be transcribed out of that before-mentioned written discourse , touching the whole order and process of passing of bills in the upper house , penn'd by h. elsing esq at this time clerk of the same , this present year . and the form of the said sending down thereof , out of a like treatise , of passing bills in the house of commons , pen'd by w. hackwel of lincolns inn esq for i conceive there is no question , but that the form used at this day , is one and the same with that which was observed this first year , and the rest ensuing of her majesties reign ; and therefore i have applied all to this time , although there be nothing thereof expressed , in the original journal book it self of the upper house , save only the very title of the bill , the time of the reading , the dissent of the bishops , and the sending of it down to the house of commons . francis spilman clerk of the house , standing by the table at the nether woolsack , read the same bill , and then indorsed upon it , being fairly ingrossed in parchment , these words . vice lecta , and then delivered the same , kneeling to the lord keeper , without any brief of the bill , who thereupon , repeating the title only of the bill , said , this is the third reading of the bill . then his lordship demanded of the house , whether he should put it to the question for passing , which being agreed on affirmatively , the question was thus put . such of your lordships as are of opinion , that this bill is fit to pass , ( or shall pass , ) say , content . then the lowest baron first beginning said , content , without any more words , and so did all the other barons in their order , ascending to the highest . then the bishop of carlile , being the puisne bishop present , said , not content ; and so also , in like manner , said the bishop of chester , the bishop of exeter , the bishop of coventry and lichfield , the bishop of landaffe , the bishop of worcester , the bishop of london , and the archbishop of york ; by which it may be seen , how unwillingly these popish bishops did suffer their dagon to fall down . and after the bishops , all the other temporal lords present , beginning with the lowest and ending with the highest , did all ( nullo contradicente ) say , content . after which , all the barons first stood up , and after them all the earls and other lords who had voted the affirmative . and then stood up the archbishop of york and all the other bishops who had voted the negative , and so upon the great inequality of their voices at the first view , the bill . passed , and its likely , that the voices for the passing of the bill exceeding so much the number of those , who were against it , that the proxies of the absent lords were not at all demanded , which might have been , if the house had moved or required it ; but , i conceive , that those are most frequently called for , when the difference of the house stands upon some equality of voices . the bill being thus passed , was delivered to the queen's attorney and solicitor , to be carried to the house of commons , which was not performed by them , as appears by the original journal book of the said house , until the monday following , being the th . day of this instant feb. the manner of the delivery thereof was as followeth , viz. the said attorney and solicitor , being admitted into the said house , came up close to the table , where the clerk sate , and made three congies , and then acquainted sir thomas gargrave the speaker , that the lords had sent unto the house such a bill , of which one of them read the title , and so again departed the house , having made three other congies . there are also divers proxies entred at the begining of the original journal book of the upper house , to have been returned , and introducted this day , but whether before or after the continuance of the parliament , and rising of the house , doth not appear . on thursday , the th . day of february , the bill wherein certain offences be declared treason , was read the first time . the bill also for the recognition of the queen's highnesse's title to the imperial crown of this realm , was by general consent concluded , this being the third reading , and so the same was delivered to mr. solicitor and the clerk of the crown , to be carried to the house of commons : the whole form of which proceedings , touching the third reading , passing and sending down of a bill , see in a like case on saturday , the fourth day of this instant feb. foregoing . the bill against slanderous and seditious words , was read prima vice . on fryday , the th . day of feb. the bill , whereby the queen's highness is made inheritable to the late queen ann her majestie 's mother , was read prima vice , and after the reading of two other bills , was read again the second time , and ordered to be ingrossed , which speedy course the house took for the passing of this bill to express their zeal and affection to her majesty , whom it so nearly concerned . the bill lastly , whereby divers offences be made treason , and the bill against seditious words and rumours , were each of them read the second time , and ordered to be ingrossed . on saturday , the th . day of february , two bills of no great moment , had each of them their third reading , and were sent unto the house of commons , by mr. solicitor and mr. lewis , of which the first was the bill for explanation of the statute of seditious words and rumours . two bills were brought up to the lords from the house of commons , by mr. treasurer and others , viz. the bill of a subsidy granted to the queen's majesty by the temporalty , and the bill of a subsidy of tonnage and poundage . the said mr. treasurer , being the principal 〈◊〉 , accompanied with divers other members of the house of commons , came in the first rank of them to the rail , or bar , at the lower end of the upper house , and , after three congies made , declared unto their lordships , that the knights , citizens and burgesses of the house of commons had sent unto them two bills , of which he read the titles , and then sir nicholas bacon , lord keeper , rising srom his seat , came down to the bar to receive them , to whom the aforesaid mr. treasurer did in all humble manner deliver them , and thereupon , with the residue of his company , having made other three congies , departed . on monday the th . of february , the bill for one subsidy and two fifteens and tenths granted by the temporalty , was read prima vice , and committed , ( or rather reserr'd ) to the queen's attorny and solicitor , of which see a like improper commitment on saturday the th . day of this instant february foregoing , in fine diei . the bill also of a subsidy of tonnage and poundage was read the second time , but no mention is made that it was either referr'd to committees , or ordered to be ingrossed ; and the reason thereof was that this bill had pass'd the house of commons , and was sent up unto the lords on saturday the th . day of this instant february foregoing , fairly ingrossed in parchment , and therefore can be no more ingrossed : neither do the lords ordinarily refer such bills to committees , unless there be very great cause , in respect that each house holding correspondency with other , they do not willingly submit that to the agitation of a private committee , which hath been allowed , and approved by the wisdom of the whole house . a second reason , that sometimes a bill may neither be reserred to committees , nor ordered to be ingrossed upon second reading , although it hath not passed the house of commons , may be , because bills of grace , viz. for the restitution of blood , of naturalization , and such like , are sent to the house from her majesty fairly ingrossed in parchment , and signed with her hand , which for the most part do pass the house without any stop or question . a third and last reason thereof may be , when the lords defer the committing , or ingrossing of any bill , unto some other time , as sell out in the bill touching the commission of sewers , in a. . regin . eliz. which was read secunda vice on fryday the th . day of april , and referred to committees on the day following ( although sometimes it may be omitted likewise through the negligence of the clerk of the upper house . ) the bill lastly , whereby the queen's majesty was restored in blood to the late queen ann , her highnesse's mother , was read tertia vice & communi omnium procerum assensu conclus . custos magni sigilli continuavit presens parliamentum usque in diem mercurij prox ' hora nona . on wednesday , the th . day of february , the bill of a subsidy , and two fifteens , and tenths , granted by the temporalty was read the second time , but no mention is made , that it was either referred to committees , or ordered to be ingrossed , vid. consimil . on monday , the th . day of this instant february foregoing . the inhabitants of the shires of wales , and county palatine of chester , who are charged as well with mises as divers subsidies , now immediately due , made petition to the lords to be respited , and to have longer day for the payment thereof , whereupon it was thought good by the lords , that the queen's majesty should be moved therein by the lord keeper of the great seal , who having knowledge of her will and pleasure in that behalf , signified the same unto the lords , according to which , and for more corroboration thereof , it was in her highnesse's name commanded that an entry thereof should be made , as followeth . it is ordered and decreed by the queen's highness , and assented unto by the lords , that in that year , in which our sovereign lady the queen's highness shall award her commission for the assessing and payment of any her majesties subsidies , now due , or by the authority of this present parliament to be due , the shires of wales , and counties palatine of chester , chargeable with the payment of the same , and every of them , shall not be charged , or chargeable with the payment of the mises now due to her majesty , nor in that year , in which her highness shall have payment of the said mises , the said subsidies , or any of them , shall be paid by any the said shires or county palatine aforesaid . custos magni sigilli continuavit presens parliamentum usque in diem jovis prox ' bora nona . on thursday , the th . day of february the bill of a subsidy , and two fifteens , and tenths , granted by the temporalty , being read tertia vice , and by common consent concluded , with certain amendments to be inserted , was delivered to mr. attorny and mr. vaughan , to be carried to the house of commons . in which bills sending down , because both the manner of writing the said amendments , and the subscription of the lords under them , do differ from all ordinary proceedings , if the bill had passed the upper house without such amendments ; therefore i have thought good to add the whole manner and form thereof , according to a like president in the original journal book of the house of commons , an. . & . regin . eliz. decemb. th . tuesday : although there be not mention there made in the original journal book of the upper house on this foresaid present thursday the th . day of february . but because it is difficult to conjecture the express manner of the lords proceedings at this time , therefore i can only apply the imitation of that president to this present occasion by probability . the lords having added certain amendments to the bill of subsidy , which had formerly passed the house of commons , and been sent up from thence to their lordships , ingrossed in parchment , and so remained still the bill of the same house ; did cause the said amendments to be written in paper , and annexed them to the bill , shewing the line , and the place of the line in the bill , where such words or amendments should be put in , and where any other former words in the bill should be put out . and then their lordships subscribed or indorsed under the superscription or indorsment of the house of commons in the same bill , à ceste bille avecque les amendments à mesme le bille annexe les seigneurs sont assentus ; and so the bill was delivered to mr. attorny and mr. vaughan as aforesaid , to be carried to the house of commons , together with the bill whereby the queen's majesty is made inheritable to the late queen ann her highnesse's mother . but if the lords had added any new proviso to the foresaid subsidy-bill , that ought to have been sent down to the house of commons written in parchment . ut vid. march . thursday , postea . on munday the th . day of february , the bill of the subsidy of tonnage and poundage which by common consent was concluded upon the third reading , was delivered to mr. solicitor and mr. martin clerk of the crown to be carried to the house of commons , with certain amendments to be put thereunto . on tuesday the th . day of february , two bills were sent up to the lords from the house of commons , of which the first being the bill for the subsidy , and the second to restore the queen in blood to the late queen ann her highnesse's mother , were each of them return'd exped ' . the bill also for the restitution of the first-fruits and tenths and rents reserved nomine decimae , and of parsonages impropriate , to the imperial crown of this realm , was returned from the house of commons , with five provisoes added thereunto by the said commons , and certain amendments to be reformed therein ; which said provisoes were written in parchment , and the amendments in paper . whereas j. broxham brought an assize against the lord willoughby of parham , to be tryed at the assizes and sessions now next to be holden at lincoln , at the complaint and petition of the said lord willoughby , in respect of his necessary attendance at the parliament , whereby he cannot attend with his learned council at the assizes , the rather for that some of his council are also burgesses , and attend the parliament , it is ordered and decreed by the lords , that an injunction presently be awarded out of the chancery to the said john broxham , his counsellors and solicitors commanding them and every of them , upon pain of l. that none of them in any wise proceed in and to the tryal of the said assize , at this assizes now next to be holden at lincoln . on wednesday the th . day of feb. the bill for the restitution in blood of sir james crofte was read prima vice . on fryday the th . day of february , the bill for the restitution in blood of sir henry gate was read three times , and the like bill for sir james crofte was read secunda & tertia vice , and both sent down to the house of commons by mr. solicitor and the clerk of the crown . the manner whereof vide on saturday the th . of this instant feb. foregoing . on saturday the th . day of february , the bill for the restitution in blood of the lord john gray was twice read , and after that , the bill against conveyance of horses into scotland , was read the first time , the said bill for the lord gray was read the third time , and passed , and sent to the house of commons by mr. attorny , and mr. solicitor , which was done in honour of him : on munday the th . of february , the bill whereby certain offences be made treason , with a request , that a proviso therein contained , be put out , and another devised by the house of commons to be put in the stead thereof ; the bill for the restoring the supremacy to the imperial crown of this realm , and repealing divers acts of parliament made to the contrary , and the bill for the restitution of the lord cardinal pool , were sent up to the lords from the house of commons , the manner of which see on saturday the th . day of this instant feb. foregoing . and the said bill , touching cardinal pool , was read prima vice and committed to the chief justice , and the queen's attorney , vid. march . postea . the bill lastly against conveyance of horses into scotland , was read secunda vice , & commissa ad ingrossandum . on tuesday the th . day of february , the bill for the restoring of the supremacy to the imperial crown of this realm , and the bill for the explanation of the attainder of the lord cardinal pool , were each of them read secunda vice , but there is no mention made , that they were either ordered to be ingrossed , or referred to committees , because they had been sent from the house of commons , on the day immediately foregoing . on the first day of march , the lord keeper and divers other lords met , but nothing was done save only the parliament continued , the entrance whereof is thus erroneously set down in the original journal book of the upper house through the clerks negligence , viz. dominus cancellarius ( mistaken for custos magni sigilli ) continuavit presens parliamentum usque in diem crastinum hora nona . on thursday the second day of march , the bill of recognition of the queen's highnesse's title to the imperial crown of this realm , the bill of subsidy for tonnage and poundage , the bill touching tanners and sellers of tann'd leather , and the bill touching shoemakers and curriers , were sent up to the lords from the house of commons . the bill lastly touching the duke of norfolk , and the bill for the restitution of robert rudston , were each of them read the first time . on fryday the third day of march , the bill for treasons ( which had been read the second time on fryday the th . day , and the third time on saturday , the th . day of february foregoing , and then sent down to the house of commons , although it be there omitted , as matter of no great moment ; and from them sent back again to their lordships on munday , the th . day of the same month , with a request that a proviso therein contained , might be put out , and another by them inserted ) was committed to the earl of sussex , the bishop of chichester , the bishop of carlile , the lord rich , and the lord hastings of loughborrough , to confer therein with certain of the house of commons , touching a proviso to be put into the same ; by which the lords did express their great desire to keep correspondency with the house of commons , who had commended the inserting of the above-mentioned proviso unto them . nota also , that whereas the judges are , in most of the journals of her majesties reign , although they be but attendants of the upper house , named joynt committees with the lords in ordinary bills , or else are named as attendants upon them in matters of greatconsequence , yet in the original journal book of the upper house , a. isto primo regin . eliz. there is no mention made of them as joynt committees , or as attendants upon their said lordships , save only that on munday , the th . day of february foregoing , a bill upon the first reading is said to have been committed to the lord chief justice of the king's bench , and the queen's attorny , which may rather be called a reference , than a commitment , as see on saturday the th . day of february preceding ; and therefore that they are not at all named with the committees of the lords ( in all the aforesaid journal books ) may doubtless be conceived to have happened through the clerk's negligence : for in the very next ensuing session of parliament in an. . regin . eliz. they are seldom omitted , prout on tuesday the th . day of january , on saturday , the th . day of the same month , as also on saturday , the th . day of march then next following . the bill for restitution of robert rudston , was read secunda vice , and again tertia vice , & conclusa . the bill also to revive a statute made a. . h. . against the conveyance of horses , geldings and mares into scotland , was read tertia vice , & conclusa , and the bill touching the duke of norfolk , was read secunda vice & commiss ' ad ingrossandum . six bills were brought up to the lords from the house of commons , of which the first being for the restitution in blood of the lord john grey ; the second for restitution in blood of sir j. gates knight , and the third for restitution in blood of sir james croft knight , were each of them returned conclus ' , the fourth was touching the changing of gavelkind land of the lands of thomas brown , and george brown , the fifth for the incorporation of trinity colledge n. cambridge , and the last for assurance of lands to the lord wentworth , the lord rich , and the lord darcy . on saturday the fourth day of march , the bill to change the nature of gavelkind land , of the lands of thomas brown and george brown , was read the first time . the bill touching tanners and sellers of tanned leather , was read the first time , and the bill for shoemakers and curriers , was read the second time , and both of them committed to the duke of norfolk , the earl of shrewsbury , the bishop of london , the bishop of carlile , the lord rich , and the lord willoughby . dominus thesaurar ' continuavit presens parliamentum usque in diem lunae prox ' hora nona . nota , that that there appeareth no commission , or other authority , in the original journal book of the upper house , by which the lord treasurer supplied the lord keeper's place : but most probable it is , that either the commission it self is negligently omitted by francis spilman esq at this time clerk of the said house , or else that the said lord treasurer did continue it only upon her majesties verbal authority and command , as did the lord treasurer in the like case , in the session of parliament , a. . regin . eliz. on saturday , the third day of march. on munday the th . of march , the bill for the ratification of the marriage between the duke of norfolk , and the lady margaret now his wife , and for the assurance of certain lands for her joynture , was read tertia vice & conclusa . the bill also for the restitution in blood of harry howard , &c. younger brother to the duke of norfolk , was read prima vice . the bill also for the explanation of the restitution of the lord cardinal pool was committed to the archbishop of york , the duke of norfolk , the earl of rutland , the bishop of carlile , the lord rich , the lord willoughby , and the lord hastings of loughborough : but no mention is made of the reading thereof , which was doubtless omitted through the great negligence of francis spilman esq clerk of the upper house , for this bill was read prima vice on munday the th . of february foregoing , and was committed to the lord chief justice of the king's bench and the queen's attorny , to consider of it , as is probable , and to make report thereof , unto the lords , which being done this day , and the bill thereupon , as may likewise be gathered , read the second time , it was committed to the lords abovenamed , and on the morrow following it was read tertia vice , and passed the house , and on wednesday the th . of this instant march following was sent down to the house of commons by mr. lewes , and mr. vaughan . on tuesday the th . day of march , the bill for the explanation of the repeal of the attainder of the late lord cardinal pool , was read tertia vice & conclusa . the bill also for the assurance of lands to the lord wentworth , the lord rich , and the lord darcy , and the bill for the incorporation of trinity-hall in cambridge , were each of them read , prima vice . the bill lastly for explaining the statute made against ingrossing of dead victuals , and the bill that gerson wroth born in germany , shall be reputed the queen's natural born subject , were sent up to the lords from the house of commons . on wednesday the th . day of march , the bill for the explanation of the statute against ingrossing of dead victuals , and the bill for the true answering of the queen's majesties revenues , were each of them read prima vice . four other bills also of no great moment , had each of them one reading ; of which one being the bill for the changing of the nature of gavelkind lands of thomas brown and george brown , and another , for the assurance of lands to the lord wentworth , the lord rich , and the lord darcy , were each of them read secunda vice ; but no mention made , that they were either ordered to be ingrossed , or referr'd to committees , because they had been sent from the house of commons on the day next foregoing . the bill touching the duke of norfolk , and that concerning cardinal pool , were sent to the house of commons by mr. lewis , & mr. vaughan . on thursday the th . of march , the bill for the assurance of certain lands to the lord wentworth , the lord rich , and the lord darcy de chiche , was read tertia vice & conclusa , dissentientibus episcopo london , meneven ' & abbat ' de westm ' , the bill for gerson wroth was read tertia vice & conclusa , and the bill for exchange of the nature of gavelkind lands of the two browns , was read also tertia vice , & conclusa , dissentient ' duce norfolciae . quatuor comitibus , & tribus baronibus . the bill lastly for the true answering of the queen's majesties revenues was read secunda vice , & commissa ad ingrossand . on fryday the th . day of march , the bill for the incorporation of trinity-hall in cambridge , and the bill for the true answering of the queen's majesties revenue , were , each of them read , tertia vice , & conclusa , and sent down to the house of commons . the bill lastly for the explanation of the statute against ingrossing of dead victuals , was read secunda vice , but no mention is made , that it was either referr'd to committees , or ordered to be ingrossed , because it had been sent from the house of commons tuesday the th . day of this instant march foregoing . v. a like commitment on munday th . day of feb. foregoing . on saturday the th . day of march a proviso to be annexed to the bill of treason , was read prima & secunda vice , & commissa ad ingrossand . on munday the th . day of march a proviso to be annexed to the bill of treasons , was read tertia vice & communi omnium procerum assensu conclusa . a bill containing certain provisoes to be annexed to the bill of first-fruits and tenths , was read secunda vice & commissa ad ingrossand . the bill lastly for the restoring of the supremacy of the imperial crown of this realm , and repealing divers statutes made to the contrary , was read the second time , and committed unto the marquess of winchester , the lord treasurer of england , the duke of norfolk , the earl of westmerland , the earl of shewsbury , the earl of rutland , the earl of sussex , the earl of pembrook , viscount mountague , the bishop of exeter , the bishop of carlile , the lord clinton admiral , the lord morley , the lord rich , the lord willoughby , and the lord north. on wednesday the th . day of march , a bill containing six provisoes to be annexed to the bill of first-fruits and tenths , was read tertia vice , & conclusa , dissentientibus archiepiscopo eboracen ' , episcopo winton ' , episcopo wigorn ' , episcop ' landaven ' , episcop ' coven ' , episcop ' exon ' , episcopo cestren ' , episcopo carliolen ' , ac abbat ' de westm. nota , that the bill having passed the upper house before , on the th . day of january last past , was then opposed by all the spiritual lords there present , as now also upon the passing of those provisoes and amendments which had been added unto it , in the house of commons : amongst which spiritual lords , the abbot of westminster did yet sit in parliament , and gave his free voice ; by which manner of alteration of the form of ecclesiastical government , we may observe , with what mildness and wisdom , this pious princess queen elizabeth , took it in hand , far differing from those furious and bloody enterprizes and confusions , practised in the reign of her sister mary : and it is to be noted , that this abbot of westm ' , with five other abbots , and abbesses were all , who were at this time lest in england , and were deprived of their promotions at the end of the parliament , with fourteen popish bishops , amongst which were all these here named , ( except the bishop of landaffe in an. dom. . ) and others were consecrated in the places of the said bishops , where it is further to be noted , that of ecclesiastical persons , settled in their several promotions , but left their livings to continue in their romish idolatry . a bill being agreed upon by the lords to be annexed to the bill of supremacy , was read a. vice . on thursday the th . day of march , to which day the parliament had been first continued , nothing was done , save only the continuance of parliament by the lord keeper , usque in diem crastinum hora nona . on fryday the th . day of march , the bill for certain provisoes and amendments to be put in the bill of supremacy , was read the second time , & commissa ad ingrossand . on saturday the th . day of march , the bill for the restoring of the supremacy to the imperial crown of this realm , and repealing divers acts of parliament made to the contrary , with certain provisoes added thereunto by the lords , and sundry other amendments , was read the third time , & conclus ' dissentientibus archiepiscopo eboracen ' , comite salop , vicecomite monutacuto episcopo london ' , episcopo winton ' , episcopo wigorn ' , episcopo landaven ' , episcopo coven ' , episcopo exon ' , episcopo cestren ' , episcopo carliol ' , & abbas de westm ' , et predicta billa est commissa attornato & solicitatori reginae in domum communem deferend . here also we may still note the great lenity and mercy of this great queen , who suffered so many heretical , and obstinately popish bishops to hold their sees , to have free voices in parliament , besides the abbot of westm ' , who all thus opposed the just power and authority , which the princes of this realm have , under god himself , within their dominions ; and which our ancient kings , under the darkest times of popery , did easily discern , and not improbably aim at , as we may see frequently specified in the ancient and most authentick records of this kingdom , viz. rotulorum patentium a. . regis johannis numero . & . rot. pat. a. . reg. joh. num . . rot. pat. a. . reg. joh. num . , ubi continetur salvus conductus pro simone de langeton romanae sedis cardinale , ad tractand ' cum certis episcopis modo cum applicuerit securitatem faciat quod in hoc adventu suo malum regi vel regno suo non quaerent . rot. pat. a. . h. . num . . & num . . rot. pat. a. . h. . num . . & num . . rot. pat. a. . h. . num . . rot. pat. a. . h. . num . . rot. pat. a. . h. . indors . num . . rot. pat. a. . h. . indors . num . . rot. pat. a. . h. . num . . rot. pat. a. . h. . num . . rot. pat. a. . h. . num . . rot. pat. a. . h. . num . . rot. pat. a. . e. primi & rot. pat. a. . e. . in quibus continentur inhibitiones & aliae literae regis missae joh. archiepiscopo cantuariensi , ac clero angliae in consiliis apud london & lambeth convocatis , ne quid in eisdem attentarent in praejudicium regis coronae aut dignitatis suae rot. pat. a. . e. . . rot. romae a. . & . e. . . . & , rot . pat . a. . e. . . rot. scotiae a. . & . e. . . rot. romae a. . . & . e. . . . , , . & . rot. romae a. . , , , , , & . e. . . . indors . ejusdem rotuli . rot. romae a. . , , & . e. . . & indors ' ejusdem rotuli : . rot. romae a. , , , & . e. . . . & . rot. pat. a. . e. . in scedula & . & . ibid. rot. pat. a. . e. . parte secunda , rot. pat. a. . e. . parte prima rot. pat. a. . e. . parte prima sub initio rotuli rot. pat. a. . e. . parte prima . rot. romae a. . e. . . . & . rot. rom. a. . e. . . & . rot. romae a. . & a. . e. . . & . rot. romae a. . & a. . e. . . . & . rot. romae a. e. . . rot. romae a. . e. . . . & . rot. romae a. . e. . . . rot. franciae a. . e. . . & a. . e. . . ubi memorabile hoc continetur , quod rex e. . misit quam plures nobiles ad tractandum de pace cum rege franciae coram papa non ut coram judice , sed ut privata persona , & tractatore & mediatore communi non in forma nec figura ju dicij sed extrajudicialitèr & amicabilitèr . rot. pat. a. . e. . parte secunda , rot. pat. a. . e. . parte prima , rot. pat. a. . e. . parte secunda rot. pat. a. . e. . parte prima , rot. pat. a. . e. . parte prima , rot. pat. a. . e. . parte prima , rot. pat. a. . e. . parte tertia , rot. pat. a. . e. . parte prima , rot. pat. a. . e. . parte prima , rot. pat. a. . e. . parte tertia , rot. pat. a. . e. . parte prima & secunda , rot. pat. a. . e. . parte prima , rot. pat. a. . e. . parte tertia bis , rot. pat. a. . e. . parte secunda bis , & parte tertia , rot. pat. a. . e. . parte prima & tertia , rot. pat. a. . e. . parte secunda tertia & indors . rot. pat. a. . e. . parte prima & indors . bis , rot. pat. a. . e. . parte secunda , rot. pat. a. . e. . parte tertia & indors ' , rot. pat. a. . e. . parte prima sub initio rotuli & indors ' , rot . pat . . e. . parte prima et secunda , rot . pat . a. . e. . parte prima et indors ' , rot . pat . a. . e. . parte prima , secunda et tertia indors ' , rot . pat . a. . e. . parte prima , secunda et tertia , et indors ' , rot . pat . a. . e. . parte prima indors ' , parte secunda et tertia indors ' , rot . pat . a. . e. . parte tertia indors ' , rot . pat . a. . e. . parte secunda indors ' , rot . pat . a. . e. . parte tertia indors ' saepe , rot . pat . a. . e. . parte prima ibid. et parte secunda indors ' , rot . pat . a. . e. . parte secunda et tertia indors ' , rot . pat . a. . e. . parte prima indors . et ibid. parte tertia indors ' , rot . pat . a. . e. . parte prima indors ' , rot . pat . a. . e. . parte prima indors ' , rot . pat . a. . e. . parte prima et secunda indors ' , rot . pat . a. . e. . parte prima indors ' et parte secunda et tertia indors ' , rot . pat . a. . e. . parte prima indors ' , rot . pat . a. . e. . parte secunda indors ' , rot . pat . a. . e. . parte prima indors ' , rot . pat . a. . e. . parte prima et parte secunda indors ' , rot . pat . a. . e. . parte secunda , rot . pat . a. . e. . parte secunda indors ' , rot . pat . a. . e. . parte prima et secunda indors ' , rot . pat . a. . e. . parte secunda et parte prima tertia , rot . pat . a. . e. . parte prima et secunda indors ' bis , rot . pat . a. . e. . parte prima et secunda indors ' , rot . pat . a. . e. . parte prima et indors ' , rot . pat . a. . e. . parte prima indors ' , et rot . pat . a. . e. . circa mediam partem rotuli & indors . rot. pat. a. . r. . parte prima indors ' , rot . pat . a. . r. . parte . et , rot . pat . a. . r. . parte prima indors . in quo rotulo apparet , quod rex r. . in die coronationis suae juratus fuit ad prosequendum omnes provisores curiae romanae contra leges et statuta edita . rot. pat. a. . r. . parte secunda indors ' , rot . pat . a. . r. . parte prima indors ' , rot . pat . a. . r. . parte prima indors ' , rot . pat . a. . r. . parte prima indors ' , rot . pat . a. . r. . parte prima indors ' , rot . pat . a. . r. . parte prima indors ' , & parte secunda indors ' , rot . pat . a. de a. . r. . parte prima & parte secunda indors ' , rot . pat . a. . r. . parte prima indors . rot. pat. a. . r. . parte prima indors . rot. pat. a. . r. . parte prima & tertia indors . rot. pat. a. . r. . parte prima & parte secunda , indors . rot. pat. a. . r. . parte tertia indors . rot. pat. a . r. . parte prima . ubi apparet , quod collector calverae apostolicae in hibernia sacramentum suscepit quod totaliter evertebat primatum papae infra regnum angliae attribuendo prerogativam ac summam potestatem regi domino suo . rot. pat. a. . r. . parte secunda continentur haec verba , directa ad provinciales ordinis de monte carmeli attendentes , quod vos ad executionem bullarum praedictarum seu aliquarum contentarum in eisdem aliqua vi vel authoritate earundem infra regnum nostrum praedictum absque licentia & authoritate nostra speciali procedere non potestis , nec debetis . rot. pat. an . r. . part . prima & secunda , in dors . rot. pat. an . r. . part . . in quo continetur , quod universitas oxon. non patiatur bullas papales ibidem exerceri sub amissione libertatum suarum . rot. pat. an . r. . part . . there is also in rot. pat. an . r. . part . . this rare president of the kings denying the pope certain profits he claimed in england , in quo patet , quod cum urbanus papa exigebat primos fructus omnium francorum cardinalium habentium dignitates infra angliam ut ad se pertinentes , eo quod ipsi fuerunt sui adversarii , rex non cognoscens ca vera esse sed clamans ea ad se pertinere jure regio , ex gratia sua tamen speciali in relevationem indigentiae papae concessit dicto papae duas partes dictorum primorum fructuum it à quod tertia pars corundem per dispositionem regis sit in reparationem domorum hujusmodi cardinalium , &c. there are also three other excellent presidents to this purpose in the same kings reign , viz. rot. pat. an . r. . part . . & rot. pat. an . r. . part . . bis . these matters being thus faithfully and undeniably vouched out of the records , or other authority , touching the antient rights and prerogatives of the crown of england , against the unjust usurpations and incroachments of the bishop of rome , which said rights , her majesty did , by this foregoing act that passed this day , as aforesaid , seek to have restored and reunited to her royal authority ; now follows the continuance of the parliament , erroneously entred through the neglect of the clerk in these words , viz. dominus custos magni sigilli continuavit praesens parliamentum usque ad diem crastinum ( mistaken for diem lunae proximum ) hora nona . the same day were entred divers proxies . on monday the th day of march , . bills were brought up to the lords from the house of commons ; viz. the bill for the restitution in blood of rudston esq. the bill for repeal of the attainder of the late cardinal poole . the bill for the incorporation of trinity-hall in cambridge . a bill for seditious words and rumors . the bill whereby certain offences be made treason . the bill to take away all pains and penalties made for religion in queen maries time . the bill for the assurance of lands , late parcel of the bishoprick of winchester , to divers patentees of king ed. . the bill to revive a fair at lynn regis in norfolk ; which three last mentioned bills were each of them read prima voce . the bill to make a chappel in caermarthenshire to be a parish church . the bill to restore in blood the sons and daughters of ed. lewkenor esq . the bill touching the marriage of the duke of norfolk . the bill for making ecclesiastical laws by . persons . the bill for the assizes and sessions to be kept at stafford . and the bill for the allowance of sheriffs upon their accounts . on tuesday the th day of march , a proviso and certain amendments annexe i by the commons to the duke of norfolks bill were read . four bills also of no great moment , had each of them one reading ; of which the sirst , being the bill to revive a fair at lynn regis , was read the second time , but no mention is made that it was either ordered to be ingrossed , or referr'd to committees , because it had been sent from the commons yesterday . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour , the lord keeper and divers other lords being set , the bill for ratification of the marriage between the duke of norfolk and the lady margaret now his wise , and for the assurance of certain lands for her jointure , with a new proviso added by the commons , conclusa est , being read tertia vice , dissentientibus archiepiscopo eboracen . episcopis londin . winton . landaven , cestren . carleol . & abbate de westm. the bill for restitution in blood of the sons and daughters of ed. lewkenor esq was read prima , secunda & tertia vice , & conclus . ☞ quod nota , that this bill was read thrice at one time . the bill for the making of a chappel in caermarthenshire to be a parish church ; the bill that the queens highness may make ordinances and rules in collegiate churches , corporations , and schools ; the bill for assizes and sessions to be kept in the town of stafford , and the bill for the assurance of lands , parcel of the bishoprick of winchester , to divers patentees of king edm. the sixth , were each of them read the second time , but no mention is made that they were either ordered to be ingrossed , or referr'd to committees ; because they had been sent from the house of commons on the two days foregoing . vide consimilit . on wednesday the th day of february foregoing . on wednesday the th day of march , six bills of no great moment had each of them one reading , and the bill for the assurance of lands , late parcel of the bishoprick of winchester , to divers patentees of king ed. vi. being the th , was read tertia vice , & conclusa , dissentientibus archiepiscopo eboracen . marchion . winton . episcopis londin . winton . wigorn. landaven . coven . exon. cestren . carleol . & dominis stafford , dadley , & north , & abbate de westm. the bill for restitution of the sirst-fruits , and tenths , and rents reserved , nomine decimae , and of parsonages impropriate to the imperial crown of this realm , was returned from the house of commons conclus . the bill for restoring the supremacy to the imperial crown of this realm , and for repeal of divers acts of parliament made to the contrary , with a new proviso annexed by the commons , was read prima , secunda & tertia vice , & conclusa , dissentientibus archiepiscopo eboracen . episcopis londin . winton . landaven . coven . exon. cestren . carleol . & abbate de westmonast . here also we may note the perverse obstinacy of these popish clergy-men , who having before opposed in vain the passing of the bill on saturday the th day of this instant march foregoing , do here likewise do their uttermost to stop even the proviso which was added unto it by the house of commons : and yet how just and equal this bill was , see my animadversion upon the said th day of march , when the said bill passed the bill to continue the act last made against rebellious assemblies , was committed to the earl of sussex , the earl of bedford , the lord rich , and the lord north. the bill lastly , for admitting and consecrating of archbishops and bishops , and concerning tanners and selling of tann'd leather , were each of them read prima vice . four bills were brought up to the lords from the house of commons , of which the first was the bill for the reviving of a statute made an . hen. . touching the conveying of horses , geldings , and mares , into scotland . the second , that carrying of leather , tallow , or raw hides , out of the realm for merchandize , should be felony , was read , prima & secunda vice . the third touching leases to be made by spiritual persons , was read prima vice . and the last for revoking divers licenses granted for divers things , prohibited by the law of the realm . the bill for admitting and consecrating of archbishops , was read secunda vice ; but no mention is made , that it was either ordered to be ingrossed or referr'd to committees , because it had been sent from the house of commons . the bill lastly for the assizes to be holden in the town of stafford , was delivered to the queen's attorney , and sollicitor , to be carried into the house of commons . on thursday the bill for the assizes to be holden in the town of stafford , was returned from the house of commons , & concluja . the bill touching tanners , and selling of tann'd leather , was read tertia vice , & conclusa , with certain amendments to be put to it ; after which it was deliverd to the queen's attorney and sollicitor , in domum communem deferenda . et postea introduct . à domo communi conclus . the bill for the admitting and consecrating of archbishops and bishops , was read tertia vice , & conclus . and the bill , that carrying leather , tallow , or raw hides , out of the realm shall be felony , was read tertia vice , & conclus . dissentiente domino lumley . the bill touching leases to be made by spiritual persons , was read secunda vice . the bill lastly , for the explanation of the statute against the ingrossing of dead victuals , with a proviso added thereunto by the lords , was read tertia vice , & conclusa , and sent by the queen's attorney and sollicitor to the house of commons . in which bills sending down , because both the manner of writing the said proviso , and the subscription of the lords under it , do differ from all ordinary proceedings if the bill had passed the upper house without a proviso , therefore i have caused the whole manner and form thereof to be added to a like president in the original journal-book of the house of commons , an . & regin . eliz. decemb. the th tuesday , although there be no mention thereof made in the original journal-book of the upper house on this aforesaid present thursday , the th day of march ; but because it is difficult to conjecture the express manner of the lord's proceedings at this time , therefore i can only apply the imitation of that president to this present occasion by probability . the lords having added a proviso to the bill for explanation of the statute against the ingrossing of dead victuals , which had formerly passed the house of commons , and been sent up from thence to their lordships , engrossed in parchment , on tuesday the th day of this instant march foregoing , and so remained still the bill of the same house , did cause the said proviso to be written in parchment , and annexed it to the bill shewing the line and the place of the line where the proviso should be put in , and then their lordships subscribed , or endorsed under the superscription or indorsement of the house of commons in the same bill , à ceste bille avecque une provision annexe les seigneurs sont assentus . and so the bill was delivered to the queens attorney and sollicitor as aforesaid , to be carried to the house of commons . but if the lords had added any amendments to the foresaid bill , those ought to have been sent down to the house of commons written in paper . ut vide , on thursday the . day of february foregoing . the parliament continued and nothing done , till tuesday the . day of april , and then the bill ( that the queens majesty , upon the avoidance of any arch-bishoprick , or bishoprick , may exchange the temporal possessions thereof with parsonages impropriate , &c. ) was read the first time . and then the parliament continued till the next day at nine of the clock , on which day were several proxies , both ordinary and extraordinary , entred . on wednesday the . day of april , the bill for leases to be made by spiritual persons was committed to the duke of norfolk , the earl of rutland , the bishop of carlisse , the lord rich , the lord north , the lord hastings de loughborrow , and the abbot of westminster . ☞ nota , that this bill had its second reading on thursday , the . of march foregoing , and was not committed until this day , of which there want not other presidents during her majesties reign ; as on monday the . day of february foregoing , and on thursday the . day of this instant april ensuing . the bill whereby the queens majesty , upon avoidance of any arch-bishoprick or bishoprick , may resume the temporal possessions thereof into her hands , recompensing the value thereof with parsonages impropriate , &c. was read the second time . and then the parliament continued till thursday the . day of april , on which day the bill , whereby the queens majesty , upon the avoidance of any archbishoprick , may resume the temporalties thereof , recompencing the just value thereof with parsonages impropriate , &c. was order'd to be ingrossed . ☞ nota , this bill was read the second time yesterday , and was not ordered to be ingrossed until this day ; of which nature there want not other presidents during her majesties reign , where a bill being read , secunda vice , on one day , was referr'd to committees on another ensuing ; prout vide , on april the . immediately foregoing : but at this day , it is the constant rule and observation of the upper house , that no bill be either ordered to be ingrossed , or referr'd to committees , but upon that very day on which it is read . and then the parliament continued till next day at nine of the clock . the bill giving authority to the queens highness , upon the avoidance of any arch-bishoprick or bishoprick , to take into her hands the temporal possessions thereof , recompensing the same with parsonages impropriate , was read tertia vice , & conclusa , dissentientibus archiepiscopo ehoracen . episcopis londin . wigorn. coven . exon. cestren . carleol . & abbat . de westm. and it was delivered to the queens sollicitor and mr. vaughan , to be carried to the house of commons . and then the parliament by several continuances continued , and nothing done till friday the . day of april , on which day four bills were brought up to the lords from the house of commons ; of which the first , being the bill against the deceitful using of linnen ; the second that craftsmen in kent and sussex shall inhabit in towns near the sea-coasts ; and the third , being to revive the act of parliament made anno ed. . for keeping of holydays and fasting-days , were each of them read prima vice . and the fourth and last , was the bill for restoring to the crown the ancient jurisdiction over the state ecclesiastical and spiritual , and abolishing all foreign power repugnant to the same ; vid. touching this bill on saturday the day of this instant april ensuing . and then the parliament continued till next day at nine of the clock . and the bill against deceitful using of linnen-cloth , the bill that craftsmen in kent and sussex shall inhabit near the sea coasts , and the bill to revive the act of parliament made an. ed. . for keeping of holydays and fasting-days , were each of them read secunda vice : but no mention is made that they were ordered to be ingrossed , or referr'd to committees , because they had been sent from the house of commons on yesterday foregoing . the bill lastly restoring the ancient jurisdiction over the state ecclesiastical and spiritual , to the crown , and abolishing all foreign power repugnant to the same , was read prima vice ; vide touching this bill on saturday the . day of this instant april ensuing . the parliament continued till monday the . of april : and then the bill against the deceitful using of linnen-cloth , was read tertia vice , & conclusa , dissentiente com. arundel . and the bill for the restitution in blood of henry howard and katherine wise unto the lord berkeley , & communi omnium procerum assensu suit conclusa . the bill that craftsmen in kent and sussex shall inhabit in towns near the sea-coasts , was read tertia vice , & rejecta . the bill lastly , for restoring to the crown the ancient jurisdiction over the state ecclesiastical and spiritual , and abolishing of foreign power repugnant to the same , was read secunda vice ; & commissa duci norfolc . comiti arundel , comiti salop , comiti wigorn. comiti rutland , comiti sussex , comiti bedford , vicecomiti mountacute , episcopo londin . episcopo elien . episcopo carleol . & domino admirallo & camerario , ac domino rich , domino hastings de loughborrow , ac domino st. john de blestoe ; vide concerning this bill on saturday , the . day of this instant april ensuing . the parliament by several continuances continued till tuesday the . day of april at nine of the clock in the morning ; and then nine bills were brought up to the lords from the house of commons ; of which the second was the bill for shipping in english bottoms , and the third and fourth , touching frizes , called pagaments , and concerning the buying and selling of horses within a certain time , were each of them read prima vice . the fifth was touching the uniformity of common-prayer , and service in the church , and administration of the sacraments : the sixth was , touching hexam and hexamshire in the county of northumberland . the seventh , to revive an act made for killing of rookes and crowes . the eighth was to make good leases , grants of offices , and copyholds , made by nicholas ridley , late bishop of london . and the ninth and last being for preservation of spawn and fry of fish , was read the first time . a proviso to be annexed to the bill for the supremacy , was read prima & secunda vice , & commissa ad ingrossandum ; vide touching the said bill , and proviso , on saturday the . day of this instant april ensuing . the bill for the restitution of gregory fynes , was read prima , secunda & tertia vice , & communi omnium procerum assensu conclusa ; and it was then presently delivered to sir richard read and the clerk of the crown , to be carried down to the house of commons . ☞ quod nota . the parliament continued till wednesday the th day of april . and then the bill for shipping in english bottoms , and the bill to make good leases , grants of offices , and copyhold lands , made by nicholas ridley , late bishop of london , were each of them read prima vice . the bill restoring to the crown the ancient jurisdiction over the state ecclesiastical and spiritual , and abolishing all foreign power repugnant to the same , with a proviso added thereunto by the lords , were read tertia vice , & conclus . dissentientibus archiepiscopo eboracen . vicecomite mountague , episcopo londin . episcopo elien episcopo wigorn. episcopo landaven . episcopo coven . episcopo oxon. episcopo cestren . episcopo carlcolen . ac abbate de westminster , & commissae magistro weston servienti ad legem , & attornato dominae reginae ad communes deferend . ☞ nota , that all these bishops , except the bishop of ely , did oppose the passing of a former bill , much to this effect and purpose , on saturday the . day of march foregoing ; although with as little success to hinder the passing of the bill then , as now ; and yet how little reason these popish bishops had , thus stifly and obstinately to resist the passing of this bill , doth fully appear by my animadversion , which i have caused to be entred at large , quam vide in dicto . die martii ; vide also , how these two bills hapned to pass both the houses , to one and the same purpose , in another of my animadversions , which i have caused to be inserted on saturday the . day of this instant april ensuing . the bill lastly for the uniformity of common prayer , and service in the church , and administration of the sacraments , was read prima vice . and then the parliament continued till two of the clock in the afternoon of the same day ; about which hour in the afternoon , the lord keeper , and divers other lords meeting , six bills of no great moment , had each of them one reading , of which the second being the bill for shipping in english bottoms , the third touching buying and selling of horses , within a certain time , the fourth touching frizes called pagaments , and the last , to make good leases , grants of offices , and copyhold lands by nicholas ridley , late bishop of london , were each of them read secunda vice ; but no mention is made that they were either to be referr'd to committees , or ordered to be ingrossed , because they had been sent from the house of commons on tuesday , the . day of this instant april foregoing . and then the parliament continued till next day at nine of the clock in the morning , at which time the bill for buying and selling of horses within a certain time , and the bill for shipping in english bottoms , were read tertia vice , & conclusae . the bill touching frizes called pagaments , was read tertia vice , & reject a. the bill lastly , touching the reviving of the act for killing of rooks and crows , and the bill for the uniformity of common-prayer , and service in the church , and the administration of sacraments , were each of them read the second time . three bills were brought up to the lords from the house of commons , of which the first was , for the searching of woollen-cloth ; the second , whereby the use and practice of enchantments , witchcraft and sorcery is made felony ; and the last , being the bill to continue the act made against rebellious assemblies , was read the first time . the parliament continued till friday the . day of april , at nine of the clock . and then three bills of no great moment , had each of them one reading , of which the third being the bill to continue an act against rebellious assemblies , was read the second time . the bill for the uniformity of common-prayer , and service in the church , and the administration of sacraments was read tertia vice & conclusa , dissentientibus archiepiscopo eborac . marchione winton . comite salop. vicecomite mountagne , episcopis londin . elien . wigorn. landaven . coven . exon. cestren . carleol . ac dominis morley , stafford , dudley , wharton , rich and north , vide apr. . two bills were brought up to the lords from the house of commons , of which the first was the bill for restoring to the crown the ancient jurisdiction over the state ecclesiastical and spiritual , and abolishing all foreign power repugnant to the same , with a new proviso added thereunto by the commons ; which see in principio diei sequentis . and the second of the said bills was , limiting time for laying on land merchandizes from beyond the seas , and touching customs for sweet wines . the parliament continued till saturday the . day of april at nine of the clock in the forenoon ; on which day a proviso annexed by the commons to the bill , for restoring to the crown the ancient jurisdiction over the state ecclesiastical and spiritual , and abolishing all foreign power repugnant to the same , was read tertia vice & conclusa ; but it rather seemeth , that this proviso had at this time three readings , and so passed ; and 't is very probable , that either the bishops , having had so ill success in opposing this bill on wednesday the . of this instant april foregoing , did now forbear to oppose the passing of the new proviso added unto it , or else that the clerk was mistaken in the entrance of it ; for it seems here , by the original journal book , that this proviso passed nullo dissentiente . ☞ nota , that this proviso here named , to have passed the house this day , was part of that bill for the supremacy , to which her majesty gave her royal assent ; and is the first statute printed inter statuta an . . regin . eliz. and it is as true , that there was a former bill touching the supremacy , which the two houses laboured long about , although it seemeth it came afterwards to nothing . and the bill ( to which this foregoing proviso was annexed ) was received in its stead : yet because the mature deliberation and long debatement of the two houses therein may appear , it will not be amiss to make some observation upon it ; for the said former bill having first past the house of commons ( as appears by the original journal book thereof , fol. . b. ) on saturday the . day , was sent up to the lords on monday the . day of february foregoing ; and had with them its first reading on tuesday the . day of the same month ; and on monday the . day of march , the said lords having given it a second reading , did , notwithstanding that it had passed the house of commons , refer it to divers committees there named ; who did , it seems , add divers provisoes thereunto , containing the substance of a new bill to be annexed to the old bill , and which with it made but one act or statute , and had its first reading on wednesday the . day , and its second reading on thursday the . day of the same month , and on saturday the . day thereof . also both the old bill sent up from the house of commons , and the provisoes and amendments annexed unto it , in nature of a new bill , were tertia vice lect . and passed the lords , notwithstanding the malitious opposition of divers popish bishops , although this bill did , upon the matter , declare no more than the antient kings of this realm had always aimed at ; which said new provisoes and amendments , being in the nature of a new bill , were the same day sent down to the house of commons , with their old bill ; where the said provisoes and alterations , added by the lords , had their first reading on monday the . day , their second on tuesday the . day , and their third on wednesday the . day of the aforesaid march preceding ; and the said old bill , touching the supremacy , with those new provisions and alterations annexed to it , and now passed also by the house of commons , were the same forenoon returned up again unto their lordships , with a new proviso added by the said commons thereunto ; which said new proviso was then read also , prima , secunda , & tertia vice , and passed in the upper house . but whether the many new additions and alterations in this foregoing bill , had made some confusion in it , or that the house of commons disliked that their bill formerly passed with them , had received so much reformation in the upper house , or for what other cause i know not ; most certain it is , that they had no desire the said former bill should be made a perpetual law by her majesties royal assent ; and thereupon , they framed a new bill to the like purpose , ( in which i suppose they included also the substance of all the additions , provisoes , and amendments , which the lords had annexed to their former bill ) which had its first reading in the house of commons , ( as appears by the original journal book of the same house fol. . a. ) on monday the . day of this instant april , being thus intituled ( much differing from the title thereof here annexed , or after added , before the printed statute , ) viz. the bill to avoid the usurped power claimed by any foreign potentate in this realm , and for the oath to be taken by spiritual and temporal officers . after which , it had its second reading on wednesday the . day , and its third reading on thursday the . day of the same month , where also it is entred with this new title , viz. the bill for restoring the spiritual jurisdiction to the imperial crown of the realm , and abolishing foreign power : and in the inner margent of the said journal book , fol. . a. over against the beginning of the said title , is written judicium assent . which sheweth , that upon the said third reading , it passed the house ; after which , on the next day following , being friday , it was , with three other bills , sent up to the lords ; and on saturday the . day of the said april , it was read prima vice in the upper house . and on monday the . day thereof next ensuing , it was read there secunda vice , and thereupon committed to divers peers , ( as the former bill in this great and important cause had been before referr'd to committees on monday the th day of march preceding ) although it had been sent up from the commons , and had passed their house in such manner and form as the present bill had been passed by them . and as to that said former bill , so to this also , ( as it is easie to be gathered ) did the lords committees make some addition , although but of one new proviso , which was read prima & secunda vice , on tuesday the th day of this instant april ; after which , both the bill it self , and that new proviso , had their third reading , and passed the upper house on wednesday the th day of the same month ; and the said bill , with the said new proviso , written in parchment , were at the same time sent down to the house of commons by serjeant weston , and the queens attorney , where the said new proviso , added by the lords , was passed , and the bill returned again from them unto their lordships on friday the th day of this instant april , with another new proviso added by them , although , through the great negligence of ..... scymour esq , now clerk of the same house , there be no mention at all of the sending down of the said proviso , passing it , or adding of the new proviso , but only of the returning the same to the lords apr. . in the original journal book of the same house . to 〈◊〉 new proviso also , it should seem , the 〈◊〉 gave three readings this present day , and so passed it . and it is probable , that it happened only through the error of francis spilman esq , clerk of the upper house , that the said proviso is set down to have been read only tertia vice , this instant saturday , the th day of april . the bill also limiting the times for laying on land merchandizes from beyond the sea , and touching the custom of sweet wines , and the bill for the continuance of certain statutes , were each of them read prima vice . the bill touching hexham and hexhamshire in the county of northumberland ; and the bill , whereby the use or practice of inchantments , witchcrafts and sorceries is made felony , were each of them read secunda vice . three bills were brought up to the lords from the house of commons , of which the first bill set down in the original journal book to have been brought up as aforesaid , is thus intituled , viz. an act for uniformity of common-prayer and service in the church , and the administration of the sacraments , conclus . which doubtless was so entred , through the negligence of francis spilman esq at this time clerk of the upper house . for it is plain , that no such bill was remaining at this time in the house of commons , and that only two other bills , the one to annex to the crown certain religious houses , &c. and the other touching the garbling of feathers , &c. were sent up by mr. vicechamberlain , as is there set down , fol. . a. which two bills are also set down in the original journal book of the upper house . for this bill touching the unity of service in the church , &c. was passed in the house of commons upon the third reading , on thursday the th of this instant april foregoing , as appears by the original journal book of the same , fol. . a. and was from thence sent up to the lords on tuesday the th day , and was read prima vice on wednesday the th , and secunda vice on thursday the th of this foresaid april preceding , and lastly it had its third reading , and passed the house on friday the th day of the same month , although it were opposed by the archbishop of york , the marquess of winchester , the earl of shrewsbury , viscount mountague , the bishop of london , the bishop of ely , the bishop of worcester , the bishop of landaff , the bishop of coventry and lichfield , the bishop of exeter , the bishop of chester , the bishop of carlile ; the lord morley , the lord stafford , the lord dudly , the lord wharton , the lord rich , and the lord north. in which may there still be observed the obstinacy and boldness of the popish bishops , who opposed all things that tended but to the least reformation of idolatry and superstition , or abolishing the usurped authority of the bishop of rome ( it seemeth that the abbot of westminster was now absent , because his negative voice , which was never wanting , is not here mentioned . ) of the temporal lords , the most setled to popery seem to have been the viscount mountague and earl of shrewsbury ; but as for the marquess of winchester , and these other six barons , they are seldom mentioned to have opposed , either the act for restoring the supremacy , or any other touching ecclesiastical matters , except this only , concerning the book of common-prayer ; the reformation of which , being so little differing from the old form ( as that it hath given , and yet doth give occasion of offence and stumbling to many weak ones amongst us ) it is the more to be marvelled at , that so many should oppose it : and the rather also , because most of the papists of england did come to our church , and heard divine service ordinarily , till the eleventh year of the queen , when the bull of pope pius quintus enforced not only their wilful and obstinate separation , but drew on and necessitated many of those laws which were afterwards made against them , an . . an . . & an . reg. eliz. the bill lastly , to continue the act last made against rebellious assemblies , was read tertia vice & conclusa , and delivered to m r vaughan , and the clerk of the crown , to be carried to the house of commons . the parliament continued until monday , the first of may at nine of the clock in the forenoon . then the bill for the preservation of spawn and fry of fish , the bill limiting the times of laying on land merchandizes from beyond the seas , and touching custom for sweet wines , and the bill for the continuation of certain statutes , were each of them read the second time . the bill lastly to make good leases , grants of offices , and copyhold lands , made by nicholas ridley , late bishop of london , was read tertia vice , & rejecta . then the parliament continued till two of the clock in the afternoon of the same day , about which hour , the lord keeper , with divers other lords assembling , one bill of no great moment was read primavice , which was , for the garbling of feathers and flocks to be sold in beds and cushions . then the parliament continued till next day at nine of the clock in the forenoon , at which time the bill for garbling of feathers was read the second time . two bills also had each of them their third reading , and passed the house , of which one being the bill for laying on land merchandize from beyond the seas , and touching custom for sweet wines , was sent down to the house of commons , by weston , serjeant at law , and the clerk of the crown . the bill lastly , to annex to the crown certain religious houses , &c. was read prima vice . six bills were brought up to the lords from the house of commons , of which the third being the bill that the queens majesty by commission may examine the causes of deprivation of spiritual persons , and restore them again , and the fifth for continuing the making of woollen cloaths in divers towns in the county of essex , were each of them read prima vice ; and the sixth and last was , the bill that timber shall not be felled to make coals for burning of iron . then the parliament continued till wednesday the d of may at nine of the clock in the forenoon , at which time , five bills of no great moment , had each of them one reading , of which the first was the bill that timber shall not be felled to make coals for burning of iron ; the second for continuing the making of woollen cloths , in divers towns in the county of essex ; the third , that the queens majesty by commission may examine the deprivation of spiritual persons , and restore them again ; and the last , being the bill to annex to the crown certain religious houses , and to reform certain abuses in chantries , were each of them read secunda vice . the parliament continued till friday may the th at eight of the clock in the morning . and then the bill that timber shall not be felled to make coals for the burning of iron , the bill for continuing the making of woollen cloth in divers towns in the county of essex , and the bill that the queens majesty by commission may examine the causes of deprivation of . spiritual persons , and restore them again , were each of them read tertia vice & conclusae . the bill lastly to annex to the crown certain religious houses , and to reform certain abuses in chantries , was read tertia vice una cum tribus provisionibus eidem billae annexis per dominos , quae prima , secunda & tertia vice lectae erant & conclus . dissentientibus archiepiscopo eboracen . episcopis londin . elien . wigorn. landaven . coven . exon. cestren . carleol . abbate de westm. ac vicecomite mountagne , & commiss . magistro weston servienti ad legem & attornato reginae in domum communent deferend . two bills were brought up to the lords from the house of commons , of which the first was the bill for the continuance of certain statutes , with a proviso added thereunto by the commons , to which the lords would not agree , but sent it down again to be passed by them , leaving out the proviso . and the second being the bill for limiting the times for the laying on land merchandize from beyond the seas , and touching customs for sweet wines , was returned conclus . then the parliament continued till the next day at nine of the clock , at which time the bill for the preservation of the spawn and fry of fish , was read tertiâ vice , & conclus . communi omnium procerum assensu , dissentiente episcopo elien . ; and it was delivered to sir richard read and the clerk of the crown in domum communem deferend . the bill also , that timber shall not be felled to make coals for burning of iron , the bill for the continuance of certain statutes , and the bill to annex to the crown certain religious houses , and to reform certain abuses in chantries , were returned from the house of commons conclus . on monday the th day of may , the lord keeper and divers other lords , both spiritual and temporal , met in the upper house , but nothing was done , save only the parliament continued by the lord keeper , which is entred in the original journal-book of the same house , in manner and form following . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour in the afternoon , the queens majesty came in person into the upper house of parliament , where were then present to attend her , sir nicholas bacon knight , lord keeper of the great seal of england , and divers other lords both spiritual and temporal , who being all set in their parliament robes , according to their several ranks , in their due places , the house of commons had notice thereof , and repaired thither with sir thomas gargrave knight their speaker ; whose speech to her majesty , and his very coming up , being wholly omitted in the original journal-book of the upper house , i have partly before supplyed it , according to the usual course , and added also the residue in like manner touching the substance of what he spake , being also partly furthered in the setting down of it out of the answer of sir nicholas bacon knight , lord keeper of the great seal , unto him , whose said answer i have also caused to be inserted at large , out of a copy thereof i had by me . sir thomas gargrave knight , ( before mentioned ) with as many of the knights , citizens , and burgesses of the house of commons as conveniently could , being let into the upper house , and he placed at the rail , or bar , at the nether end of the same , made a learned speech to her majesty ( which is termed , in the original journal-book of the house of commons , fol. . b. a learned oration ) the effect whereof may very probably be gathered to have been as followeth , viz. he declared unto the queens majesty , and that present assembly , with what care and speed the house of commons had this present parliament enacted and passed many good laws , which remaining yet as a dead letter and without force , he did humbly desire that her majesty would be pleased , by adding her royal assent unto them , to make them living and active laws . then he desir'd in the name of the house , that her majesty would be pleased to accept of the good endeavours and desires of the said house of commons expressed this parliament in all their proceedings , and more especially , that her majesty would be pleased to take in good part the free gift of her said subjects , who in token of their love and zeal to her majesty , did with one assent offer unto her , not only the subsidy of tonnage and poundage , but likewise one subsidy , and two fifteens and tenths , as an undoubted effect and testimony of their duty and thankfulness towards her majesty , for those many blessings and benefits which had accrued to the church and state by her highnesses most lawful and just succession . lastly , he concluded with an humble desire that her majesty would be pleased to accept of his hearty and zealous thanks , in allowing and admitting him , though unworthy , to that place of trust and importance ; and to pardon all those weaknesses and imperfections , which he had unwillingly or casually discovered in the execution of it . to which said speech of the prolocutors , sir nicholis bacon , lord keeper of the great seal , having first repaired to the queen , to her chair of estate , to know her majesties pleasure , as in her name and by her command returned him this wise and large answer . m r speaker , the queens majesty hath heard how discreetly and wisely you have declar'd the proceedings of this session in the house of commons , for answer whereunto , and for the better signification to be made to my lords of the upper house , of the judgment of the parliament men , and these parliament matters , her majesties pleasure and commandment is , that i should open and utter unto you three things ; the one is , what her highness understandeth , by your doings this parliament , of your wisdom and diligence . the second , what of your liberality and benevolence ; and therewith , how comfortable the former is , and how thankful the second . the third , what her highness would you should do for the good execution of the laws devised by you , and of the rest heretofore devised by others . and here , my lords and masters all , albeit in labouring to bear this burthen i am much more like to fall , than but to faint under it , because neither am i able to perform it as the queens majesty hath commanded it , nor as your deserts justly crave it , nor as my will wisheth , and desireth it . nevertheless my trust is , that you will pardon my weakness and want , so as no note of arrogancy or folly be ascribed to me for it ; seeing as you know by duty driven i do it . i had rather , and i know it much better for me to be silent , and so to have no need of your pardon , than by speech to all your pains in hearing , and to mine also in speaking , to deserve to pray it ; if mine office would suffer . but now to the matter , for the first part wherein her majesty considereth , how in the debating of the great and weighty causes of this parliament , we have banished all suddain , rash , and swift proceedings ( dangerous enemies to all good counsel ) and in place thereof have taken such convenient leisure , as the weightiness of the matters of their better consideration hath requir'd . and again , what freedom of speech hath been used and permitted , for the plain declaration of every mans knowledge and conscience ; yea , and how men in some cases and some places , have been rather by gentle perswasions provoked , than by any sharp manner of speech , by men of council , disswaded therefrom ; and therewith also , how learnedly and cunningly , the disputable matters , being of moment , have been agreed and reasoned ; how gravely and deeply weighed and considered ; how advisedly and considerately resolved and concluded ; and lastly , with what nigh and universal consent , they have been by you enacted and established . besides also , remembring your great studies , and endeavours , and diligences , for the opening and declaring what may be said pro & contra , in all causes of doubts , to the end ( as it seemeth to her highness ) that when all was said , and heard on both parts , that by any of your could be inferr'd , or produc'd , that that which should thereupon for all respects appear to stand most with the honour and glory of god , and the common wealth of the realm , might be the better and more safely agreed upon and determined ; when her majesty , i say , remembreth and considereth these things , she saith , she cannot but much commend , and allow your wisdom and diligence therein , greatly to her comfort and consolation , and much to all your praises and commendations . for now her majesty verily trusteth , that like as no manner of determination in parliament , neither can nor ought by any private man , to be infringed or undone ; so these determinations of yours , in this form begun , proceeded and concluded , cannot hereafter justly , no not by words , be impugned or gainsaid ; for seeing all men have thus at leisure , and with liberty upon the making of these laws frankly declared their opinions and knowledges likewise , as learned men ; so the laws being made and past , her majesty doubteth nothing but that they will , like good , humble , and obedient subjects , willingly , and humbly submit themselves to the law as to life . and the rather also , because that no man in the obeying of laws made at this sessions , being of the greatest moment , should thereby be forced any otherways to do , than either himself hath by law already done , or else others have before this time done , whom both for wisdom , vertue , and learning , it shall not be unseeming to any man here ( be it spoken without offence ) to follow and take example of : and thus much for the first part . for the second part , which concerneth your liberality and benevolence , her majesty hath commanded me to say unto you , that your wise and grave consideration , had and used in the granting of a present aid and relief , towards the relieving and discharging of the present charge wherewith the realm , at the time of her coming to the crown , was and yet is charged , is by her highness taken in thankful part , and so is the restitution of the continual revenue , as some supplement towards the maintenance of the continual charge of late time grown to the crown , as you have heard , and of necessity to be continued , as well for the surety of you all , as for the confirmation of the whole estate . and here , my lords and masters all , i take it to be my duty , to do you to understand , of certain noble and princely observations , and considerations had by her highness of these your doings , much surely to all your comforts ; whereof one is , in that she forgetteth not that these grants be made , not by subjects that have been a long time free from all manner of taxes , loans and subsidies , and so well able to bear this burthen ; but by subjects , ( much to her grief when she thinketh of it , ) that have been well nigh continually charged with these things , to the universal impoverishing of the whole realm , and no wayes to the strengthning , amending or honouring of the same ; but rather to the weakning , decaying , and dishonouring of the same ; whereby it is evident , yea too evident ( if it pleased god otherwise ) that these supplies are to be born , not of your superfluities , but rather of your necessities ; marry of necessity also to withstand a greater necessity , which otherwise might touch you and yours in surety . the second observation is , your readiness and willingness in granting , whereof her majesty maketh a very great account , perceiving thereby , that neither warm words , nor yet earnest nor long perswasions used amongst you , have drawn you to this , but that the same hath rather been by you willingly , readily , and frankly offered , than by any of the means above remembred ; and that these your grants have altogether proceeded from the benevolent minds , and hearty affections , that you bear to your soveraign lady and country : which benevolence and affection her majesty accepteth , and taketh for the greatest benefit , and most precious jewel , that a subject can present to his soveraign ; and , to be short in this matter , if bis dat qui citò dat be a true saying , you deserve great commendation for your small staying hereunto . also her highness addeth a third , that is , a generality and consent of their grant , knowing with what difficulty and diversity of opinions in some times past , these things have been brought to pass . it is a certain and infallible ground , that every good thing , the greater it is , the better it is . now this unanimity in consenting , being ( as undoubtedly it is ) a good thing , hath not her majesty ( trow you ) good cause to rejoice in the universality thereof ? yes surely , and thanks you therefore accordingly . to make an end of this part , her highness hath specially commanded me to say unto you , that when she calleth to remembrance what you have granted , who hath granted , and the form of granting ; she finds her self earnestly disposed , if your sureties and the state would so suffer , as freely to remit these grants , as you did gladly grant them . and where in times past , long and vehement orations and perswasions have been in these cases used , to such as occupied your places , for the great diligence , and careful circumspection to be had for the true levying of that which hath been granted , for that the common numbers respect altogether themselves as private men , and not themselves as members of the whole body , whereby against all reason and right , the realm hath been often defrauded of the greatest part of the benevolence granted : this notwithstanding , her highness hath willed me herein to use few words , and only for t his respect , lest else those which have shewed such liberality and benevolence in granting , might seem to be suspected by her , either of fidelity or diligence in levying ; whereof she thinketh her self assured , and thereupon reposing her trust , she doubteth nothing , but by your good service , these things shall be as truly answered as they have been freely granted ; and that this faithful trust , thus reposed by her highness in your true service , shall serve her to better purpose , than any words that could be spoken by me on her majesties behalf . and besides , she thinketh , ( which is much to be noted surely , ) that it were better to adventure the loss of a great part of that she taketh her self assured of , than your benevolent minds , i mean , by speaking one word too much . now to the third and last , which containeth the queen's majesties pleasure for the well executing of laws . here , my lords and masters all , remembring your wisdoms and fidelities , albeit that it be not much needful to put you in mind , to how small purpose good laws serve , being not daily and diligently executed ; yet , because the ancient order hath been , that somewhat at this time should be said for your remembrance in these matters ; therefore it is thought meet , that i should trouble you with a few words . i am sure you all judge , if a man would be very diligent to provide torches to guide him in his going by night , and yet would be negligent in lighting any of them when he goeth in the dark , he should show a notable piece of folly , much like to a man that seeketh to cleanse his garden and grounds from weeds and briers , he carefully provideth many sharp tools and instruments for that purpose , and when he hath so done , layeth them fair up in a house without occupying of them ; and is it not great fondness ( trow you , ) for men to use their endeavours to make good laws , to govern mens doings , and to weed out those that be evil in the common-wealth , and thereupon to bind them fair in books , and to lay them up without seeing to the execution of those laws ? yes , surely . wherefore ye see , that as there hath been used by you great wisdom and discretion , in devising of some , so it is very necessary that like diligence and pains be taken by you and others , to see the good execution of all ; the effect of which charge consisteth principally in three points ; the first is , conservation of the queens peace . the second , in administration of justice between subject and subject . and the third , in the observation of one uniform order in religion , according to the laws now established . for the first , ye are to foresee all manner of frays , forces , riots and routs , and the discovering and repealing in time of all manner of conspiracies , confederacies and conventicles ; and in this part also you are to provide for the swift and speedy appeasing of all manner of tumults , stirs and uproars , ( if any happen ) and for the diligent searching out , and severe punishment of all manner of felonies , burglaries , and all other like enormities ; matters ( as you know ) against the queen's majesties peace , crown and dignity ; for the well doing whereof , two things are chiefly to be eschewed ; the one is , sloathfulness , the other is uncarefulness : for how can justice banish these enormities , where her ministers be so sloathful , that they will never creep out of their doors to any courts , sessions , or assizes , for the due administration thereof , except they be drawn thereunto with some matters of their own ; nor cannot endure to have their ears troubled with the hearing of controversies of their neighbours , for the good appeasing of the same ; or how can the uncareful man , that maketh no account of any of the common causes of his country , but respecteth only his private matters and commodities , become a just and diligent searcher out , follower and corrector of felonies , murders , and such like common enemies to the common-wealth ? and yet true it is , that such careless and sloathful men do daily colour and cloak these their faults with the title of quietness ; coveting to be counted good and quiet men , where indeed they seek only ease , profit , and pleasure to themselves , and that to be sustained and born by other mens cares and labours , as drones do amongst bees ; but if every man should do so , who seeth not but things would shortly come to ruine in default of order ? for they may easily judge , that it is madness to seek the conservation of any particular member , and to suffer the whole body to decay ; but being well served by some mens opinions , as they care for none , so should none care for them ; or else that better were in mine opinion , they should be used by men , as drones be used by bees . and thus much for the first part . for the second , you are to provide , that all embracers , maintainers and champerties , which be utter enemies to the due execution of justice between subject and subject , be neither committed by any of you , nor ( as near as you can ) be suffered to be committed by any other . a very behoveful matter to be both carefully and earnestly looked unto , as the root and seed of all justice , and especially if any of these faults light upon any person that hath authority or rule in the country , or hath any office of justice to execute among the people . is it not ( trow you ) a monstrous disguising to have a justicer a maintainer , to have him that should by his oath and duty set forth justice and right , against his oath and duty to offer injury and wrong ; to have him that is specially chosen amongst a number by the prince , to appease all brablings and controversies , to be a sower and maintainer of strife and sedition , amongst them seeking his reputation and opinion , by leading and swaying of juries according to his will , acquitting some for gain , enditing others for malice ; bearing with him as his servant , over-throwing the other as his enemy ; procuring all questmongers to be of his livery , or otherwise in his danger , that his winks , frowning and countenance may direct all inquests . surely , surely , it is true , that these be they , that be subverters and perverters of all laws and orders ; yea , that make daily the laws , that of their own nature be good , to become instruments of mischief . these indeed be they , of whom such examples would be made , and the founders and maintainers of all enormities ; and these be those , whom if you cannot reform for their greatness , yet ought you to complain of their villanies ; and thus much for the due administration of justice . and as to the third , which is the observation of the uniform order in religion ; you are to endeavour your selves , to the best of your powers and understandings , drawing together in one line all points , to further , set forth and maintain the same , which by great and deliberate advice here in parliament hath been established . and here great observations and watch should be had of the withdrawers and hinderers thereof ; and especially of those , that subtilly , by indirect means , seek to procure the contrary . amongst these i mean to comprehend , as well those that be too swift , as those that be too slow ; those i say , that go before the laws , or beyond the laws , as those that will not follow ; for good government cannot be where obedience faileth , and both these alike break the rule of obedience ; and these be those , who in likelyhood should be beginners , and maintainers , and upholders of all factions and sects , the very mothers and nurses to all seditions and tumults , which necessarily bring forth destruction and depopulation ; of these therefore great heed would be taken , and upon these being found , sharp and severe correction ( according to the order of laws ) should be imposed ; and that in the beginning , without respect of persons , as upon the greatest adversaries that can be to unity and concord , without which no common-wealth can long endure and stand ; whereupon ( you know ) all our standing and falling wholly consisteth , and the surety of our sovereign . also a matter most marvellous , that laws whereby men possess all that they have , and their lives also , should not be able to direct mens actions so , as thereby all factions and sects , founded for the most part either upon will , or upon the glory of mens wits and inventions , should not sufficiently be repressed . now , for the handsome bridling of the factions of men , i see not that a better way can be taken , than is used by the horse-master , who provideth for the good government of his horse , bit , or brakes , according to the tenderness or hardness of his mouth , whereunto he addeth a certain and well-taught hand . and like as it is very well to be allowed , that none other bit or brake should be provided for these factious folks , than by the laws be forced ; so were it meet that any of that kind , be it never so sharp , should not be omitted , if the cause so requireth ; and this would be executed by a certain and well-taught hand ; for it cannot be , but the winking or withdrawing from medling in this matter , or the remiss or loose handling thereof , must of necessity over-throw in time the whole fruits of all your labours , and put your selves , your country , and the queens majesty also , in peril , ( whom o lord preserve ! ) which being warned , you may easily foresee and provide for . and this is all that at this time i have to say . and therefore , here to make an end , her majesty is contented , according to your petition , to grant her royal assent to such ordinances and laws , as have been devised and agreed upon by you , in such order and form , as by the clerk of the parliament , according to the antient order , shall be read and declared . i have said . after the lord keepers speech was ended , the queen's majesty did doubtless give her royal assent to such acts as passed at this session ; but neither the foresaid speech , nor the passing of the said acts , are at all mentioned in the original journal-book of the upper house , and therefore , as the said speech was transcribed out of a copy thereof i had by me , so is the manner of her majesties giving her royal assent to such acts as now passed , supplied here , according to a pattern or platform thereof set down in the original journal-book of the same house , in an . regin . eliz. which may very well serve in this place , in respect that matters of form and course do seldom or never differ . the clerk of the crown standing up , did first read the titles of all the publick acts , to every one of which , allowed by the queen , the clerk of the upper house read these french words following , viz. la roigne le veult , i. e. the queen wills it . then were read the titles of all the private acts , to each of which that passed , the said clerk of the upper house read the queens answer in these french words following , viz. soit faite come il est desire , i. e. be it done as it is desired . these two last answers to the publick and private acts that pass , are to be written by the said clerk , at the end of every act. to such acts as her majesty did forbear to allow , the clerk of the upper house read in these french words following , viz. la roigne s'advisera , i. e. the queen will advise upon it . then in the third place , after the titles of all the publick and private acts were read , and the answers to them as aforesaid , then the said clerk of the crown standing up , did read the title of the bill of subsidy , and then the clerk of the upper house standing up likewise , did read the queens majesties answer in manner and form following , viz. la roigne remercye ses loyaulx subjects , accept leur benevolence , & aussi le veult , i. e. the queen thanks her loyal subjects , accepts their benevolence , and also wills it . the said clerk having read the queens acceptance , and thanks for the subsidy given , as aforesaid , did then upon the reading of the title of her majesties pardon , by the clerk of the crown as aforesaid , pronounce in these words following , the thanks of the lords and commons for the same . les prelats , seigneurs , & communes , en ce present parliament assembles , an nom de touts vous autres subjects , remercient tres humblement vostre majestie , & prient à dieu , vous donner en santè bonne vie & longue , i. e. the prelates , lords and commons in this present parliament assembled , in the name of all your other subjects , most humbly thank your majesty , and pray to god to give you , in health , a long and happy life . the manner of her majesties royal assent being thus transcribed , according to the pattern of the said president , in the end of the original journal-book , an . regin . eliz. now followeth the dissolution of this present parliament , by sir nicholas bacon knight , lord keeper , upon her majesties commandment , which is entred in the original journal-book of the upper house in manner and form following . nicolaus bacon miles , dominus custos magni sigilli ex mandato dominae reginae tune praesent is praesens hoc parliamentum dissolvit . the acts being thus passed , her majesty retir'd , and put off her parliament robes , and so returned to her court at whitehall . ☞ nota : that francis spilman esq at this time clerk of the upper house , did after the parliament ended , transcribe out all such acts as passed , and certified them into the rolls , and did , at the end of every publick act , transcribe the french words ensuing : la roigne le veult . being the same words which the clerk of the upper house doth usually , and now did pronounce , in the same house upon her majesties allowance of each publick act , as aforesaid . but as for the private acts , there was some more and greater ceremony observed in the transcribing and certifying of them into the rolls , by the said clerk of the upper house , which ( although it be omitted in the end of the original journal-book of this present parliament , an . regin . eliz. yet ) i have caused to be supplied , according to the form of a draught thereof set down in the end of the original journal-book of the upper house , an . reginae ejusdem , which may very well serve to be supplyed , and added unto the end of this present journal ; in respect that matters of form do seldome or never differ , in which i have only caused the direct times and persons to be sitted to this said foregoing journal . at the head therefore of every such private act , so certified into the rolls as aforesaid , was doubtless written in latin as followeth . in parliamento inchoat . & tent . apud westm. die jan. an. regni serenissimae atque excellentissimae dominae nostrae elizabethae , dei grat . angl-franc . & hib. regin . fidei defensor . &c. primo , & ibidem continuat . usque ad & in octavam diem maii tunc prox . sequent . communi omnium dominorum tam spiritualium quam temporalium & communitatis consensu & regiae majestatis tunc praesentis assensu , inter alia sancitum , inactitatum , ordinat . & stabilitum suit sequens hoc statutum ad verbum ut sequitur , viz. and at the foot , or end of every such private act , were these ensuing words in latin likewise added , as the said foregoing president doth very certainly infer . ego franciscus spilman ( who was clerk of the upper house in the first year of queen elizabeth ) armiger , clericus parliamenti , virtute brevis supradict . dominae nostrae reginae de certiorand . ntihi direct . & hiis annex . certifico superius hoc scriptum verum esse tenorem actûs parliamenti supradicti in eo breve express . in cujus rei testimonium sigillum nomenque meum apposui atque subscripsi . dat. die anno regni supradict . dominae nostrae reginae , &c. the journal of the house of commons . a journal of the proceedings of the house of commons in the parliament holden at westminster , an. regin . eliz. an. dom. . beginning there after one prorogation of the same , on wednesday the th day of january , and then and there continued until the dissolution thereof , on monday the th day of may an. dom. . this journal of the first parliament of her majesty . is not only stored with many good passages touching the ordinary reading , committing and expediting of bills , but also with much extraordinary matter concerning the private priviledge of the house , and publick state of the church , and common-wealth ; which in this great council of the kingdom received much alteration and change , to the yet lasting honour and welfare of them both . in which also ( as in the preceeding journal of the upper house ) i have enlarged and supplied many things in matter of form , which are not found in the original journal-book of the same house , touching the writ of summons , the preferring , reading , and passing of bills , with the committing and sending of them up to the lords , and such like . neither doth there want much enlargement out of record , or otherwise , concerning the election , presentments , and petitions of the speaker , with all other things that are materially worthy of any animadversion , or annotation ; which matters of form or explanation , i did the rather cause to be inserted in this first journal of the parliament , during her majesties reign , that so i might the better omit it in the following journal , and have ready recourse hither unto it , being all fram'd into one structure or body in this present journal , prout sequitur . sir nicholas bacon knight , lord keeper of the great seal , having received her majesties warrant for the making and issuing forth of the writs of summons , did speedily cause them to be directed to such peers and others , as were to attend in the upper house , and to the several sheriffs of england , for the election and chusing of the knights , citizens , burgesses and barons , that were to be present in the house of commons . and although , neither any thing of this which hath preceeded , nor any copy of the writ sent to each sheriff , be at all inserted into the original journal-book of the house of commons ; yet as i have supplied that matter , which preceedeth , according to the form therof , which was at this time used , and hath been since continued , so i have thought it not amiss , once for all , to add here also the copy of the writ at this time sent forth , which hath since received no alteration , and was as followeth . elizabetha dei gratiâ angl. franc. & hib. regina fidei defensor , ambrosio jermyn militi , vicecomiti norff. & suff. salutem ; quia de avisamento & assensu concilii nostri pro quibusdam arduis & urgentibus negotiis nos , statum & defensionem regni nostri angl. & ecclesiae anglicanae concernen . quoddam parliamentum nostrum apud civitatem nostram westm. vicesimo tertio die januarii prox . futur . teneri ordinavimus , & ibidem cum praelatis , magnatibus , & proceribus dicti regni nostri colloquium habere & tract . tibi praecipimus firmiter injungentes quod fact â proclamat . in prox . comitat. tuo post receptionem hujus brevis nostri tenend . die & loco praedict . duos milites gladiis cinct . magis idoneos & discretos comit. praedict . & de qualibet civitate com. illius duos cives , & de quolibet burgo duos burgenses de discretior . & magis sufficientibus libere & indifferenter per illos qui proclam . hujusmodi interfuer . juxta formam statutarum inde edit . & provis . legi , nomina corundum milit. civium , & burgensium sic electorum in quibusdam indentur . inter te & illos qui hujusmodi electioni interfuer . inde conficiend . sive hujusmodi elect . praesentes fuerint vel absentes , inseri , eosque ad dict . diem & locum venire fac . ita quod iidem milites plenam , & sufficientem potestatem pro se & communitate comit. praedicti , ac dict . cives & burgenses , pro se & communitat . civitatum & burgorum praedictorum divisim ab ipsis habeant , ad faciendum & consentiendum his quae tunc ibidem de communi concilio dicti regni nostri ( favente deo ) contigerint ordinari super negotiis antedictis , it a quod pro defectu potestatis hujusmodi seu propter improvidam electionem milit. civium , aut burgensium praedictorum , dicta negotia infecta non remaneant quovismodo . nolumus autem quod tu nec aliquis alius vic. dicti regni nostri aliqualiter sit electus , et electionem illam in pleno comitatu factam , distincte & aperte sub sigillo tuo & sigillis corum qui electioni illi interfuerint , nobis in cancellar . nostram ad dict . diem & locum certifices indilate , remittens nobis alteram partem indenturarum praedictarum praesentibus consut una cum hoc breve . teste meipsa apud westmonasterium , quinto die decembris , anno regni nostri primo . nota , that this is not the direct copy of any writ , that i saw sent at this very time , but only applied to this time , according to the usual form of a like writ , which also doth serve to discover all the writs sent to the several sheriffs of england , differing only from this in the name of the sheriff and county . and in the said writ foregoing it is to be noted , that the words supremum caput ecclesiae anglicanae , were wanting , which had been omitted also in the foregoing parliament of her sister mary , which notwithstanding it was afterwards agreed in the house , on friday the third day of feb. following , that the writs of summons were well sent forth and returned , and that the parliament ought to hold accordingly . in the antient writ also of summons the cause of the assembling of the parliament was expressed , which at this day is not . neither was there then any such clause in the writ , as in this foregoing doth appear ; viz. nolumus autem , quod tu nec aliquis alius vicecomes dicti regni nostri aliqualiter sit electus : by reason of which words , some have conceived that the sheriff of any county ought not to be elected , or admitted a member of the house of commons . but to this it may first be truly answered , that these words were primarily inserted into the said writ , by virtue of an ordinance only made to that end upon some special occasion in the parliament held in an . regis ed. . as appears in the parliament roll of that year , numero . remaining with divers others in the tower of london ; by which said ordinance also lawyers were as well excluded as sheriffs . secondly , the constant practice in most times since doth sufficiently prove , of how little validity the said ordinance of parliament was conceived to have been , for the debarring of the said sheriffs from being members of the house of commons . for the proof whereof i have only vouched such as fell out during her majesties reign , viz. in an . regin . eliz. decemb. . tuesday , ed. leigh esq being returned and admitted into the house of commons , as one of the knights for the county of stafford , was afterwards elected to be sheriff of the same shire . in like manner feb. the . tuesday , sir edward dimock knight , was both sheriff of the county of lincoln , and a member of the house of commons , as appears in the journal ensuing , in an . eodem regin . eliz. so also in the parliament , de an . regin . eliz. feb. . friday , m r saint pole served as one of the knights for the county of lincoln , being also sheriff of the same shire . and lastly in the parliament , de an . & regin . eliz. decemb. . wednesday , peter frechevile esq was returned one of the knights for the county of darby , being afterwards appointed sheriff of the same county , as was also robert lhuyde esq constituted sheriff of the county of merioneth in wales , having been formerly returned knight for the said shire , as appeareth in the journal of the same parliament , on tuesday the th of decemb. in and by all which presidents it doth appear , and may probably be gathered , that neither her majesty , nor the house of commons did conceive these two places to be incompetible , but that they might well stand and be in one and the same man , at one and the same time . for her majesty did first make these foregoing persons sheriffs of the several counties aforesaid , not only after they were chosen , but returned also members of the house of commons , by which it is very plain she could not be ignorant of it ; and therefore her self , and the said house , did both allow of their being made sheriffs , as a thing well agreeing with the priviledge of their former places , and the service of that house , and did not therefore give them a final discharge , but only liberty of recess about their necessary affairs , into the several counties before-mentioned , as in the case of sickness , or some other temporary cause of their absenting themselves from the house , which being expedited , they might return again to that service ; for doubtless if the said house had conceived that they had been disabled from their serving there by their new offices , it would have been ordered , that a warrant should have been sent to the clerk of the crown , to have sent down a new writ into the foresaid counties , for a new election to have been made ; as in the case of double returns , death , or the like , is used . and whereas in the parliament de an . & regin . eliz. on wednesday the th day of november , sir andrew nowell being both sheriff and knight for the county of rutland , was wholly discharged , and a writ sent out , de novo , for a new election ; that case differed from all the foregoing presidents , and might well upon another reason , be ordered by the house ; for the said sir andrew , being sheriff of the foresaid county of rutland , was afterwards elected one of the knights for the same , and so compelled to return himself , which could not be good in law. but if the said sir andrew had been chosen a knight of some other shire , during his sheriffalty , or had been constituted sheriff by her majesty of the said county , after he had been elected and returned a member of the house of commons , the case had doubtless differed , and the house would never have given order for a new writ to have been sent forth ; which course they observed in the two before-cited presidents of m r frechevile , and mr lhuyde in the same parliament . thirdly , if these two places should not be competible , then had it now lain in the power of her majesty ( or may lie in the power of any soveraign of this kingdom ) to have disabled as many members from serving in the house of commons , as she should or could have constituted sheriff . she might have disfurnished ( or any soveraign for the time being may disfurnish ) the said . house at any time , of all or the greater part of the ablest members thereof . nota also , that those words , viz. duos milites gladiis cinctos , were inserted into the writ of summons after the parliament , an . e. . as may be gathered by the parliament roll of the same year . and whereas some have objected in the foregoing case , to prove that a sheriff ought always to be attendant upon the affairs of the county , and cannot therefore be a member of the house of commons : the objection is idle , for till the tenth year of queen eliz. the counties of nottingham and derby , and of warwick and leicester , had but two several sheriffs , as were also the counties of norfolk and suffolk , served with one sheriff until the eighteenth year of her majesties reign , and so are the counties of sussex and surrey , served this present year . and antiently also ( as is plain by that ms. catalogue of all the sheriffs of england , or the most part , since the time of king h. . ( which is in many mens hands ) divers counties were committed to one man , as in an . h. . richard bassett , and awbrey de vere , were jointly constituted for sheriffs of the several counties of norfolk , suffolk , northampton , essex , huntington , cambridge , and hartford ; and robert caran joined unto them for the counties of bedford and buckingham . from the female coheirs of the foresaid richard bassett , being the ancestor of the house of weldon in northamptonshire , are lineally and undoubtedly descended the families of chaworth , stafford , knyvet , clinton earl of lincoln , the howards of the house of suffolk , and clopton late of kentwell in the county aforesaid ; and from the before-mentioned awbrey de vere is lineally descended ( as i take it ) robert de vere the nineteenth earl of oxford , now living an. dom. . upon the receit of the before-mentioned writ and election made accordingly , the sheriffs of every shire made their several returns , of which the form being set down in the old book of entries , it shall be needless here to insert them . but now , having supply'd these matters of form , according to the usual presidents , the next passages follow out of the original journal-book of the house of commons . on wednesday the th of jan. anno regni regin . eliz. primo , the parliament should have begun according to the writs of summons , but by the queens commission , directed to sir nicholas bacon knight , lord keeper of the great seal of england , the lord treasurer and others , to prorogue the same , until wednesday the th day of the same month ; it was so done accordingly . on wednesday the th day of jan. the parliament held and began , according to the last prorogation thereof ; but there is no mention made in the original journal-book of the house of commons , where or by whom , the names of the knights , citizens and burgesses of the said house , were called ; that so it might be seen who were present : but most certain it is , that at this day they took no oath , before the beginning of this present parliament , because that of supremacy , which was afterwards taken , was not enjoyned by statute till this first year of her majesty . but most likely it is , that hen. fitz-alan , earl of arundell , at this time lord steward of her majesties houshold , did both cause their names to be called in some place near the upper house , and their appearance to be recorded , before her majesties coming to the upper house . the manner of calling the names of the knights , citizens and burgesses in former times , did much differ from that which is used at this day , as appears by the parliament rolls in the tower : for in an . r. . the knights and burgesses were called by name , in presence of the king , which shews they staid without till then ; and in an . h. . & an . h. . they were called by name , in the chancery at westminster-hall , before the chancellor and the steward of the kings house . and in an . h. . the said knights and burgesses were called at the door of the painted chamber , in presence of the steward of the kings house , as the manner is . only one president differs from all the latter , which is found in the original journal-book of the upper house , de anno h. . where the duke of suffolk , lord steward , commanded the clerk of the parliament , to read the names of the commons , unto which every one answered , they being all in the upper house below the bar ; and then the king came . but at this day they are called by their names by the clerk of the crown , in presence of the lord steward , in the court of requests : and now since the first year of queen eliz. and from the fifth , the knights , citizens and burgesses of the house of commons ( as hath been before observed ) do take the oath of supremacy , and since the seventh of king james they take the oath of allegiance also , which the lord steward administers to some , and appoints certain of them his deputies , to give the same unto the rest . jac. cap. . these passages touching the antient and modern calling of the knights , citizens and burgesses of the house of commons , being not at all touched in the original journal-book of the same house , but supplied from other authority ; now follows the residue of this days passages out of the foresaid journal-book , with some additions . upon the already named th day of january , her majesty came to the parliament chamber , commonly called the upper house , and being there set , and attended by sir nicholas bacon , lord keeper , and divers lords spiritual and temporal , in their parliament robes , the house of commons had notice thereof , and repaired thither . and being ( as many as conveniently could ) let in , and silence made , the lord keeper of the great seal , after an excellent oration by him made , containing the urgent causes for the calling of this parliament , declared the queens pleasure to be , that the commons should repair to their accustomed place , and there to chuse their speaker . whereupon , the knights , citizens and burgesses departing to their own house , did there take their several places , and most remaining silent , or speaking very submissively , m r treasurer of the queens house , standing up uncovered , did first put the house in remembrance of the lord keepers late speech , and of his declaration of her majesties pleasure , that they should chuse a speaker , and therefore in humble obedience to her majesties said pleasure , seeing others remain silent , he thought it his duty to take that occasion to commend to their choice , sir thomas gargrave knight , one of the honourable council in the north parts , a worthy member of the house , and learned in the laws of this realm : by which commendations of his , of the aforesaid worthy member of the house to their consideration , he said he did not intend to debar any other there present , from uttering their free opinions , and nominating any other whom they thought to be more fitting , and therefore desired them to make known their opinions , who thereupon did with one consent and voice , allow and approve of m r treasurers nomination , and elected the said sir thomas gargrave , to be the prolocutor , or speaker of the said house . the said sir thomas gargrave being thus elected speaker , after a good pause made , stood up uncovered , and having in all humility disabled himself , as being unfurnisht with that experience , and other qualities , which were required for the undertaking and undergoing of so great a charge , did conclude with an humble request to the house , to proceed to the new election of some other more able and worthy member amongst them . but the house still calling upon him to take his place of m r speaker , the before-mentioned m r treasurer , and m r comptroller of her majesties houshold ( as may very well be gathered ) did rise from their places , and going unto the said sir thomas gargrave , unto the place where he sate , did each of them take him , one by the right arm and the other by the left , and led him to the chair at the upper end of the house of commons , and there placed him , where having sate a while covered , he arose , and so standing bare-headed , he returned his humble thanks unto the whole house , for their good opinion of him , promising his best and uttermost endeavour , for the faithful discharge of that weighty place , to which they had elected him . and soon after m r treasurer , and m r comptroller repaired to the queen , to know her highnesses pleasure , when m r speaker should be presented to her majesty , for confirmation of this election ; and soon after they returned , shewing her pleasure was that to be done on saturday next , at one of the clock in the afternoon . here it shall not be amiss to add somewhat touching the election of the speaker , which , because i find it ready penn'd to my hand , in that elaborate ms. intituled , modus tenendi parliamentum apud anglos , written by my kind friend henry elsinge esq clerk of the upper house this present year . libr. . cap. . § . . & . therefore i shall without any great alteration here , add it in the next place ; and first touching the antiquity of the speaker , it is most likely that he began to be when the house of commons first sate . for it may clearly be gathered ex lib. sancti albani fol. . in bibliotheca cottoniana , that in the parliament de an . h. . the house of commons had then a speaker . for there pope alexander labouring to have adomar , the elect bishop of winchester , recalled from banishment ; the answer of the parliament was as followeth : viz. si dominus rex , & regni majores hoc vellent , communitas tamen , ipsius ingressum in angliam , jam nullatenus sustineret . which is signed and sealed by all the lords , and by petrus de mountefortivice communitatis , which shews plainly that he was thire speaker , for the very same words did sir john tiptofte their speaker sign and seal to the entaile of the crown , parl. an . & h. . but it is true , that the first speaker who is directly named in record , was in the parliament rolls in the tower de an . e. . n. . the last day of the parliament ( saith the records ) sir thomas hungerford knight , speaker , declared to the lords , that he had moved the king to pardon all such as were unjustly convicted in the last parliament . and that the king willed him to make special bills for them , which he had done for seven , &c. and therefore it can be no argument , that the house of commons had no speaker , before the th year of e. . because no former records mention him . for this is to be noted , that the antient parliament rolls did record only what acts passed between both houses , and what laws were made , and omitted matters of form and ceremony . there are also divers parliament rolls tempore r. . that do mention the presentment of the speaker , prout in an . rich. . n. an . r. . n. . , , & an . r. . n. , , & . an . r. . n. , & . & an . r. . n. , , , & . so also the speaker is mentioned in the parliament rolls , de annis , , , , , & h. . and in the parliament rolls of h. . h. . and e. . remaining in the tower , and in the parliament rolls of r. . h. . remaining in the chappel of the rolls in chancery-lane ; and since h. . time , the original journal-books of the upper house of divers of his years , remain in the parliament office , scituate and being in the palace-yard at westminster , at the south corner thereof ; as also the original journal-books downwards to this time ; and from the first year of ed. . to this day , the original journal-books of the house of commons , are in the custody , or at the disposing of my kind friend john wright esq clerk of the same house this present year . and now here do , 〈◊〉 the next place , follow certain observations upon the election of the said speaker , transcribed also , with very little alteration , out of the before-mentioned treatise of m r elsinge , lib. & cap. eodem , & § . . in which two questions are moved . first , whether the commons might chuse their speaker if the king commands them not ? secondly , whether the election be in their own absolute choice ? for to clear these two we must view the antient records ; those of r. . are the first , that frequently mention the speaker . it doth not appear by any of them , that the commons had ever any such commandment to chuse their speaker . neither is there a word of it in any record of e. . which have the speeches at large , touching the cause of summons ; most of them concluding with a charge to the commons , to consider and advise thereof amongst themselves ; but nothing touching the election of their speaker : yet out of doubt they did first chuse their speaker , before they entred into any debate of their charge . the first charge to chuse their speaker is in an . h. . and yet it is omitted again in the parliament & h. . but ( that only excepted ) it is continued from the h. . until this day : and the long use hath made it so material , that , without the kings commandment or leave , they cannot chuse their speaker , which appears by this , that in an . h. . the parliament being prorogued , and the speaker arrested in execution , in the interim , before the access , the commons prayed his enlargement , which , after long debates of the priviledges of parliament , was denied . and then certain of the lords were sent to the house of commons , and commanded them , in the kings name , to chuse a new speaker ; and thereupon they did so . vid. an account of this president at the end of this session , out of rot. parl. & h. . and of late years , in the time of queen eliz. the parliament being prorogued at two several times , and the several speakers dead in the interim , before their second access ( as shall be more largely declared hereafter in these journals ) the commons , before they proceeded to any business , acquainted the lords therewith , and desired them to intimate the same to the queen : and so were commanded by her majesty to chuse new speakers . ut vide in an . regin . eliz. die oct. & in an . reginae ejusdem die jan. but as touching the second question , surely the election of the speaker was antiently free to the commons , to chuse who they would of their own house , which appears in this , that the king never rejected any , whom they made choice of . vide r. . the parliament began novemb. and the th of novemb. the commons came , and presented sir richard walgrave , whom they had chosen for their speaker , who excused himself , desiring to be discharged . but the king , lui chargeast del faire sur sa ligeaunce , in as much as his companions had chosen him ; whereby it appears plainly , that the choice was absolutely in their own power . these animadversions touching the antiquity and election of the speaker of the house of commons , being thus inserted from several authorities ; now follows the presentment of the speaker , and her majesties allowance of him , out of the original journal-book of the house of commons , in which many things of form are also added by my self , and divers animadversions out of that before-mentioned elaborate ms. treatise of m r elsinge's penning , lib. . cap. . with some small additions , or alterations . on saturday , the th day of jan. about one of the clock in the afternoon ( to which day and hour the parliament had been last adjourned , or continued on wednesday the th day of this instant jan. foregoing ) her majesty , sir nicholas bacon , and divers lords spiritual and temporal were present in the upper house ; which said lords , as also her majesty , had on their several parliament robes , of which the knights , citizens and burgesses and barons of the house of commons having notice , they repaired thither . sir thomas gargrave was led up to the rail or bar , at the lower end of the said upper house , who submissively excusing himself , he humbly desired the queens majesty to free him from that imployment , and to command her knights , citizens and burgesses of the house of commons , to elect amongst themselves some other more able member , for the discharge of the said place ; but notwithstanding these reasons her majesty signified his allowance by the mouth of the lord keeper . nota , that the exeuse of the speaker is at this day meerly formal , and out of modesty . for he first excuseth himself unto the commons when they elect him , and afterwards to the soveraign when he is presented : but antiently , it seemeth they were both hearty and real , or else no excuse at all was made . and the first president of this nature , that is found in record , is in the parliament rolls de an . r. . n. . die novembris , where sir richard de waldgrave knight ( the lineal ancestor in the male line of the several families of waldegrave in suffolk ) being chosen speaker of the house of commons , did excuse himself unto the said king , but was charged upon his allegiance to undertake it , sith he was chosen by the commons . the next is in an . h. . of sir john cheny , who made no excuse at his presentment . but the next day after , he and they came before the king , and declared his disability to serve , by reason of a sudden sickness , and that the commons had chosen sir john dorewood in his place , beseeching his majesty to allow thereof ; which the king did , and commanded sir john dorewood to be their speaker . and then the said sir john dorewood made the common protestation for himself and the commons , but no excuse , n. . the next excuse is in an . h. . n. . of sir arnold savage , which the king would not allow of . an. h. . n. . sir william sturing made no excuse , and an . , & h. . n. . sir john tibtot desired to be excused by reason of his youth , but the king affirmed the election ; and all other speakers in h. . his time desired to be excused . some speakers also under h. . desired to be excused , and some others did not , for it was not constantly observed : but from the sixth year of h. . since which time they have all ( except two ) desired to be excused ; yet none were excused , save only sir john popham knight , an h. . whom the king discharged , and thereupon the commons chose and presented william tresham esq who made no excuse , neither did sir william oldham an . h. . desire to be excused . these animadversions upon the speakers speech , which he first makes unto her majesty , containing his excuse , being thus inserted as aforesaid ; now follows the second speech of the said speaker , upon his allowance by her majesty . the substance of which , being not found in the original journal-book of the house of commons , i have supplied ; according to the usual form. the said sir thomas gargrave being allowed and confirmed speaker of the house of commons by her majesty , having tendred his humble thanks for her highness gracious opinion of him , and added some expressions in honour of her majesty , in the end of his speech ; he came according to the usual form , to make certain petitions in the behalf of the house of commons , and of himself : in which he did first desire liberty of access , for the members of the said house to her majesties presence , upon all urgent and necessary occasions . secondly , that if in any thing he should mistake , or misreport any thing , which should be committed unto him to declare , that his unwilling miscarriage therein might be pardoned . thirdly , that they might have liberty and freedom of speech , in whatsoever they had occasion to propound , and debate in the house . and lastly , that all the members of the house , with their servants , and necessary attendants , might be exempted from all manner of arrests , and suits , during the continuance of the parliament , and the usual space , both before the beginning , and after the ending thereof , as in former times hath always been accustomed . to which speech of the said speaker the lord keeper , by her majesties commandment , made a large answer ( which is verbatim , set down in the journal-book of the upper house upon this instant saturday the th day of jan. ) in which he intimated at large , among other things , that her majesty did graciously allow of those liberties and priviledges , for which the said speaker had petitioned , so as they were discreetly and modestly used . in which speech of the speaker's in general , it may first be observed , that at this day it is in the speakers power , to deliver in his speech what shall best please himself ; whereas antiently he delivered nothing , but what the house gave him in charge to speak , as may be gathered by the parliament rolls de an . r. . an . r. . an . r. . an . r. . & an . r. . in an . , & in an . h. . and in divers other parliaments in the times of h. . h. . and ed. . and for those three priviledges before mentioned , which sir tho. gargrave the speaker , did in his foregoing speech desire of her majesty , in the name and on the behalf of the house of commons , they were no other , than the said house did doubtless enjoy in antient time ; although they were never desired by the then speakers of the same house , nor were any of them ever petitioned by any speaker , until in the parliament de an . h. . as may very probably be gathered by the original journal-book of the upper house de an . eodem . and as to the first petition , which he made in the name of the house of commons , for free access to her majesty , it is plain , that the said house enjoyed it during the reign of k. e. . prout patet ex rot. parl. de an . ed. . n. . when sir thomas hungerford was speaker , and in the time since under r. . h. . and their successors , the presidents are so frequent , as they need no vouching . and as touching this foregoing petition , it is first recorded in the original journal-book of the upper house , to have been made de an . h. . by richard rich , the then speaker ; and in a like journal-book de an . h. . by thomas moyle the speaker in that parliament , and the same course hath been constantly observed by all the speakers since , of whose speeches there is any good memorial remaining . and as touching the second petition , which the said sir thomas gargrave made unto her majesty in the name of the house of commons for freedom of speech ; there is no record that it was ever petitioned for , until in the original journal-book of the upper house , de an . h. . it is entred to have been made by thomas moyle the then speaker , yet was it never denied them before ; for the said commons would never suffer any uncomely speeches to pass of private men in their house , much less of the king , or any of the lords ; and in ed. . his time , who was an absolute prince ; and beloved of his people , the commons themselves did oftentimes discuss , and debate many things concerning the kings prerogative , and agreed upon petitions , for laws to be made , directly against his prerogative ; as may appear by divers of the said petitions : yet they were never interrupted in their consultations , nor received any check for the same ; as may appear by the very answers to their petitions . the presidents in the two succeeding kings times , are not of so good a stamp , as those of ed. . because r. . was much over-ruled in his young years , and h. . was an usurper , and so was compelled to seek for the love of his subjects : yet was there one passage in his reign , which proved him a most wise and just king , after he had attained the crown . for in rot. parl. de an . h. . n. . the commons petitioned the king , that he would not suffer any report to be made unto him , of any matters , either moved , or debated amongst them , until they be concluded , nor give them any credit ; whereunto the king assented : and for the freedom of speech , which the commons enjoyed in succeeding times , the presidents are so frequent , as they need no further vouching . and it is very well worthy the observation , that whereas in the session of parliament de an . regin . eliz. when richard onslow esq her majesties sollicitor , was elected and allowed speaker , by reason of the death of thomas williams esq : , who had been speaker in the session de an . . regin . eliz. and did decease in the interim of the several prorogations between the said two sessions , the said richard onslow did , upon his presentment to her majesty , and allowance by her , only desire in the name of the house of commons , free access to her majesty ; and did , either ignorantly , or wittingly , omit to make those two other petitions on their behalf , for freedom of speech , and freedom from arrests and suits ; yet in the said session , de an . regin . eliz. the house of commons , falling upon that great business of her majesties declaration of a successor , did use greater liberty of speech , than they had done , or did before or after in any other parliament , during her majesties reign , when the said speakers did most precisely desire the allowance of the said priviledge of freedom of speech from her majesty . and now , thirdly and lastly , touching that petition , which sir thomas gargrave the speaker made unto her majesty , for freedom from arrests ; it is plain , that the commons , and the lords of the upper house , have not only always enjoyed the same for themselves and their necessary attendants , but also have been exempted from suits at law , during the continuance of the parliament ; not only in legal courts , but in the very court of chancery , star-chamber , and such like , unless some criminal matter be laid unto their charge , which draws into question the life it self ; which i have caused to be inserted into the preceeding abstract of sir thomas gargraves speech , because he either did petition for freedom from suits , as well as for freedom from arrests , or he ought to have done it . for it is plain , by the close rolls of ed. . remaining in the tower , that the barons , and such others as were summoned to parliament in the seventh and eigth years of his reign , were exempted from answering to any suits before tho justices of assize , during the parliaments continuance ; where the proclamations sent to the said justices , for that purpose , contain these words , viz. quod supersedeant ubi barones & alii summoniti ad parliamentum regis sunt partes , & vide rot. claus. de an . ed. . membrana . & de an . ed. . m. , & . and for the several presidents , how frequently the members of the house of commons were exempted , both from arrests and suits , during all the parliaments of her majesties reign , they are so many , and fell out so often , as may be seen by every ensuing journal almost of the house of commons , that they need no vouching . these animadversions being thus added , touching the speakers speech , and the petitions on the behalf of the house of commons contained therein , now follows the departure of the said speaker , being fully invested in his place by her majesties allowance , down unto the house of commons , out of the original journal-book of the same , with some additions in matter of form. sir thomas gargrave aforesaid , being now setled in the place of speaker , after his humble reverence made unto her majesty , departed with the other members of the house of commons , unto their own house , the serjeant of the same carrying the mace all the way before the said speaker , which was in like sort born before him , during this parliament , both when he repaired unto , and when he departed from the said house . the speaker being placed in the chair , ..... seymore esq clerk of the foresaid house of commons , who sate uncovered at a table at the upper end of the house , just before the speaker , stood up and read a bill , which had been treated of in the last parliament , being intituled , the bill touching felling of wood and timber trees in forrests and chases , which done , kissing his hand , he delivered the said bill to the speaker , who standing up uncovered ( whereas otherwise he sitteth covered ) and holding the bill in his hand , said , the bill is thus intituled ; and then having read the title of the bill , as is before set down , he opened to the house the substance thereof , which it is most probable he did out of the breviate which was filed to the bill , and had been delivered unto him , together with the bill , by the clerk of the house aforesaid ; which being done , he then said , this is the first reading of the bill , and so delivered it unto the clerk again , which ended , the house arose ; which hath been the constant use and custom ever since , as also divers years before , that after the presentment , and allowance of the speaker , one bill be once read after his return from the upper house unto the house of commons . on monday the th day of january , the bill for the avoiding of french wares and wines , and the bill touching any variance of grants made by corporations , were each of them read the first time . m r treasurer with . others of this house ( whose names are wholly omitted in the original journal-book of the house of commons , through the negligence of ..... seymour esq at this time clerk of the same ) were appointed to meet together , and to treat for a convenient subsidy , and also to consider touching the validity of the writ of summons , both of the last parliament and also of this present parliament ; in which said writ , the words supremum caput ecclesiae anglicanae were wanting , vide february . postea . on tuesday the th day of january , it was agreed in the house , that a book for the subsidy be drawn by several of the committees . on wednesday the first day of february , the bill touching levying of fines in the county palatine of durham ; and the bill touching thicking of hats or caps in mills , were each of them read the first time . the bill also touching the grant of tonnage and poundage , was read the first time . on friday the d of feb. the title of a bill , which had this day its second reading , is thus entred in the original journal-book of the foresaid house : the bill for felling of wood and timber in forrests or chases . and under the entrance of the title of it , in the original journal-book of the house of commons , was written m r sackvill , by which it should seem , that this bill was committed upon the first reading to him , and ( as it is probable ) to others also . by which manner of entring the title of the said bill , it may plainly be collected , that the bill it self had at this time its second reading , and was thereupon committed to m r sackvill ( to whom it seemeth the bill was delivered ) and others whose names are omitted ; the manner of which , being there also left unmentioned , i thought good to supply , according to the usual form , both then doubtless used , and at this day also . the clerk of the said house , having read the title , and the bill aforesaid , standing , kissing his hand , delivered the same with a breviate ( containing the substance of the bill ) annexed unto it , unto the speaker ; who thereupon , standing up uncovered , and reading both the title , and the breviate said , this is the second reading ; and the , having paused a while , and ( as it is likely ) none speaking against the bill , he put the question for the committing thereof , as followeth ; viz. as many as do think fit this bill should be committed , say , yea. and after the affirmative voice given , as many as shall think the contrary , say , no ; and then ( as it should seem ) the speaker judging that the affirmative voice was the greatest , did put the house in mind to name committees . and thereupon every one of the house that listed , did name such other members of the same , to be of the committee , as they thought fit ; and the clerk either did , or ought to have written down as many of them , as he conveniently could ; and when a convenient number of the committees named , were set down by the clerk , then did the speaker move the house to name the time and place , when and where they should meet , which the clerk did also doubtless then take a note of , and did also ( silence being made in the house ) read out of that book or paper ( in which he entred them ) the committees names , with the time and place of their meeting . and it is most probable , that the clerk of the house of commons himself , or his servant , in the. transcribing out of the foresaid notes into that book , which now remaineth the original journal of the said house , for this present parliament , did there wittingly and knowingly forbear to insert the names of the other committees , appointed in the foregoing bill , with the time and place of their meeting , as matters of form and not essential to the said journal . the bill for a subsidy , and two fifteens and tenths , granted by the temporalty , was read the first time . m r carrell , on the behalf of the committees ( who were appointed on monday the th day of january foregoing ) to consider of the validity of the writs of summons of the parliament foregoing , and this present now assembled , ( in respect that these words supremum caput were wanting in them ) did make report , that it was agreed by the said committee , that the want of the said words did not at all hinder , or impeach the validity of the said writs of summons , and so consequently of those preceding parliaments , or this present now assembled . on saturday the th day of feb. the bill for tonnage and poundage to be granted to the queens majesty , was read the second time , and ordered to be ingrossed . there passed divers arguments in the house , touching a request to be made to the queens highness , for her marriage ; but by whom the said arguments were made , or what the substance of them was , or what was resolved by the house upon them , is through the negligence of the clerk of the house of commons , omitted in the original journal-book of the same ; yet it may easily be gathered by that which followeth , on monday the th day , and on friday the th day of this instant february ensuing ; that the house did this day resolve that such a petition should speedily be drawn . february the th sunday . on monday the th day of feb. the bill for the subsidy granted by the temporalty , was read the second time , and thereupon ordered to be ingrossed . the bill for the restitution of tenths , and first-fruits , was brought from the lords by m r attorney and m r sollicitor , the manner of whose delivery thereof , being not found in the original journal-book of the house of commons , i have caused to be supplied , according to the usual course thereof . the said m r attorney and sollicitor , being admitted into the said house , came up close to the table , where the clerk sate , and made three congies , and then acquainted sir thomas gargrave the speaker , that the lords had sent unto the house such a bill ; of which one of them read the title , and so again departed the house , having made three other congies . it was ordered by the house , that m r speaker with all the privy-council , and thirty other members of the same , should attend upon the queen this afternoon , to petition her majesty , touching her marriage , in such manner and form , as had been on saturday last agreed upon ; but whether they were admitted to her majesties presence , doth not appear , nor can possibly be gathered out of the original journal-book of the house of commons ; neither in what manner their petition was framed , although it is plain by her majesties answer , inserted at large , on friday the th day of this instant february ensuing , that it was only general , to perswade her majesty , for the welfare of her state and kingdom , to be pleased to marry , without limiting the time , person or place . and howsoever , whether this aforesaid petition were delivered this afternoon or no , most likely it is , that her majesty deferred , and took time to give an answer in so weighty a business , until the said th day of february aforesaid , which i do the rather gather , not only from the above-mentioned original journal-book it self , in which there is no report or mention of her majesties speech , made unto the house by the speaker , until in the forenoon of the said day ; but also from an antient written copy of her majesties said answer , which i had by me , in which it is referred unto the said th day of february , as then uttered by her , which will also more fully appear in the passages of the said day , where it is at large set down . on tuesday the th day of february , the bill that the citizens of york may take apprentices notwithstanding the statute to the contrary , was read the first time . the bill also for the subsidy of tonnage and poundage , was read the third time , and passed ; which may be gathered by these words , viz. judicium assent . placed in the inner margent before the beginning of the entrance of the title of the said bill in the original journal-book of the house of commons ; by which words i suppose the clark intended , as much as if he had recorded it at large , that upon the said third reading of the bill , it passed the house by the judgment and assent of the same . the manner and form of which third reading i have thought good to cause to be applied to the present occasion , according to the usual course therein accustomed . the clerk of the house standing up read the title and the bill aforesaid , and kissing his hand , delivered the same unto the speaker , who standing up uncovered , read again the title of the said bill , and opened shortly the effects thereof ; and then said , this is the third reading of this bill ; and told them further , that with their favour he would now put it to the question , for the passing ; but paused a while to see , if any member of the house would speak unto it ( which at this day is commonly most used upon the third reading of a bill ) and whether any of the said house spake unto the said bill or no , doth not appear . but the speaker holding the bill in his hand , made the question for the passing of it in this sort , viz. as many as are of the mind , that the bill shall pass , say yea ; which being answered accordingly by the house , or the greatest part of them , the bill passed ; and so he delivered it again unto the clerk , who because the bill was originally begun , and first passed in the house of commons , wrote within the said bill , on the top of it towards the right hand , these words , viz. soit baille aux seigneurs . the house was adjourned until thursday next , because the morrow following , being ash-wednesday , there was a sermon to be preached at the court , before the queen , at which ( as it should seem ) the greatest part of the house desired to be present . on thursday february the th . the bill for melcomb regis in the county of dorset , to be fortified , was read the first time ; and the bill also to restore the supremacy of the church of england , to the crown of the realm , was read the first time , and committed to m r cooke , as he is there termed , and elsewhere sir anthony cooke , and as is very probable , also to some others not named . for it may be here noted , that in the first journals of her majesties time , the title of m r only , is ordinarily given to knights . m r sollicitor and m r martin , brought from the lords the bill for the queens title to the crown , which was delivered in such order and manner , as was the bill for the restitution of tenths and first-fruits , on monday the sixth day of this instant february foregoing . friday feb. the bill for one subsidy , and two fifteens and tenths , was read the third time and past . m r speaker declared the queens majesties answer to the message , which was read to the house by m r mason , to the great honour of the queen , and the contentation of this house ; which is all that is contained in the original journal-book of the house of commons , touching this great business of their petition , preferred to her majesty , to induce her to marry ; and therefore it shall not be amiss to leave some larger memorial thereof ; for this business , having been first propounded and resolved on in the said house , on saturday the th day of this instant february foregoing , and preferred to her majesty ( as it should seem ) on the monday following in the afternoon , was not answered by her majesty until this morning , and was then also read in the said house ; as appeareth by the foregoing imperfect mentioning thereof . and i am the rather induced to conceive , that her majesty gave not her answer until this morning , to the said petition of the commons , from a copy of the said answer , which i have by me , written by alexander evesham , which said answer out of the said copy ( in which it is referred to this instant th day of february ) with the title and subscription thereof , do now in the next place follow , verbatim . friday th of feb. . &c. the answer of the queens highness , to the petition propounded unto her , by the lower house , concerning her marriage . as i have good cause , so do i give you all my hearty thanks , for the good zeal and loving care you seem to have , as well towards me , as to the whole estate of your country . your petition i perceive consisteth of three parts , and my answer to the same shall depend of two . and to the first part , i may say unto you , that from my years of understanding , sith i first had consideration of my self to be born a servant of almighty god , i happily chose this kind of life , in the which i yet live : which , i assure you , for mine own part , hath hitherto best contented my self , and i trust hath been most acceptable unto god : from the which , if either ambition of high estate , offered to me in marriage , by the pleasure and appointment of my prince ( whereof i have some record in this presence ( as you our treasurer well know ) or if eschewing the danger of mine enemies , or the avoiding of the peril of death , whose messenger , or rather a continual watchman , the princes indignation , was no little time daily before mine eyes ( by whose means ( although i know , or justly may suspect ) yet i will not now utter , or if the whole cause were in my sister her self , i will not now burthen her therewith , because i will not charge the dead ) if any of these , i say , could have drawn , or disswaded me from this kind of life , i had not now remained in this estate , wherein you see me . but so constant have i always continued in this determination , although my youth and words may seem to some hardly to agree together , yet is it most true , that at this day i stand free from any other meaning , that either i have had in times past , or have at this present ; with which trade of life i am so throughly acquainted , that i trust , god , who hath hitherto therein preserved and led me by the hand , will not of his goodness suffer me to go alone . for the other part , the manner of your petition i do well like , and take it in good part , because it is simple , and containeth no limitation of place or person ; if it had been otherwise , i must needs have misliked it very much , and thought it in you a very great presumption , being unfitting and altogether unmeet for you to require them , that may command ; or those to appoint whose parts are to desire , or such to bind and limit , whose duties are to obey , or to take upon you to draw my love to your liking , or to frame my will to your fantasie : for a guerdon constrained , and gift freely given , can never agree together . nevertheless , if any of you be in suspect , whensoever it may please god to incline my heart to another kind of life , you may very well assure your selves , my meaning is not to determine any thing , wherewith the realm may or shall have just cause to be discontented . and therefore put that clean out of your heads . for i assure you ( what credit my assurance may have with you , i cannot tell , but what credit it shall deserve to have , the sequel shall declare ) i will never in that matter conclude any thing that shall be prejudicial to the realm . for the well , good and safety whereof , i will never shun to spend my life , and whomsoever my chance shall be to light upon , i trust he shall be such , as shall be as careful for the realm , as you ; i will not say as my self , because i cannot so certainly determine of any other , but by my desire he shall be such as shall be as careful for the preservation of the realm , and you , as my self . and albeit it might please almighty god to continue me still in this mind , to live out of the state of marriage , yet is it not to be feared but he will so work in my heart , and in your wisdom , as good provision by his help may be made , whereby the realm shall not remain destitute of an heir that may be a fit governour , and peradventure more beneficial to the realm than such off-spring as may come of me . for though i be never so careful of your well doing , and mind ever so to be , yet may my issue grow out of kind , and become perhaps ungracious , and in the end , this shall be for me sufficient , that a marble stone shall declare , that a queen having reigned such a time , lived and died a virgin. and here i end , and take your coming to me in good part , and give unto you all my hearty thanks , more yet for your zeal and good meaning , than for your petition . and under her majesties answer aforesaid , was subscribed in the same hand , as followeth ; this was copied out of a printed copy , garnisht with gilt letters , given to the honourable the lady stafford , of her majesties privy-chamber , and written out by alex. evesham , . by which subscription the authentickness of this copy doth sufficiently appear . on saturday the th of feb. the letany was said by the clerk kneeling , and answered by the whole house on their knees with divers prayers . the bill touching tanners , curriers , and shoemakers for tann'd leather , and the bill for selling of tann'd leather in markets , were each of them read the first time . as also the bill for the recognition of the queens majesties title to the crown , was read the first time and committed . the bill also touching liberties of hexham and hexamshire , and the bill for the confirmation of divers grants and leases , made by bishops deprived , were each of them read the first time . m r sollicitor and m r d r lewis , brought from the lords two bills , one concerning treasons , and another for explanation of the statute of seditious words and rumors . the bills for tonnage and poundage , and for the subsidy of the temporalty , were sent up to the lords , by m r treasurer and others not named in the original journal-book of the house of commons . on monday the th day of february , the bill for garbling of feathers was read the first time . the bill for thicking of caps by mens feet and hands , and the bill for annexing the supremacy to the crown , were each of them read the second time ; both which bills as it should seem were now dashed upon the second reading aforesaid ; the first of them ( as probably may be gathered ) without any great dispute , but the latter being of great weight was long argued ( as appears plainly by the original journal-book of the house of commons ) before it was dashed ; and the new bill framed to the same effect , was read the first time on tuesday the th day , the second time on the . day , and the third time on saturday the . day of this instant february ensuing ; when it passed the house . vide plus concerning this matter on tuesday the . day of april ensuing . on tuesday the . day of february , the bill to bring artificers to dwell in market towns , was read the first time . divers arguments passed in the house , touching the framing of a new bill , for annexing of the supremacy to the crown . on wednesday the th day of february , committees were appointed , for the drawing of a new bill , for annexing of the supremacy to the crown . the bill to restore the earl of pembrook , sir john mason , m r h. nevill , m r fitz williams , sir p. foly , sir hen. seymour , sir richard sackvill , patentees by king edw. the sixth , of the late bishop of winchesters lands ; and the bill for order of service and ministers in the church , were each of them read the first time . upon a request made to the lords , that thirty of this house might attend their lordships , for the authority of his place , whom it shall please the queen to take to husband ; m r attorney declared from the lords , that twelve of their lordships will be to morrow in the afternoon , in the star-chamber , to meet with the thirty members of this house . the bill for punishment of divers treasons , and the bill for punishment of false rumors or tales , were each of them read the first time . on thursday the . of febr. the bill for common-prayer and administring of sacraments , was read the first time . two bills also had each of them one reading , the first being the bill for the payment of an imposition by french men in somerset and dorset , to melcombe regis , was read the second time , and as it should seem , committed to m r south and others not named . the bill for recognition of the queens highness title to the crown , was read the second time , but no mention is made , that it was either referred to committees , or ordered to be ingrossed ; and the reason thereof was , that this bill had passed the upper house , and was sent down to the house of commons , on thursday the . day of this instant feb. foregoing , fairly ingrossed in parchment , and therefore can be no more ingrossed , neither do the lords ordinarily refer such bills to committees , unless there be very great cause , in respect that each house holding correspondency with others , they do not willingly submit that to the agitation of a private committee , which hath been allowed and approved by the wisdom of the whole house . the bill for the deceitful using of linnen cloth , was read the first time . the bill for the recognition of the queens title to the crown , was read the second time ; but no mention is made , that it was either ordered to be engrossed , or referr'd to committees , because it had been formerly sent from the lords . the bill for punishment of divers treasons was read also the second time : which bill being of great moment , was , as it should seem , committed to m r vice-chamberlain ( erroneously written fitz chamberlain , as may plainly be gathered ) and others ; although it had been sent down from the lords on saturday the th day of this instant feb. foregoing : in which case bills usually pass of course in the house of commons , when they come ready expedited in parchment from the lords . the bill for restitution in blood of the queens highness , for the attainder of queen anne her highness mother , being brought from the lords by m r attorney , was read the first time . on friday the th day of february , two bills of no great moment , had each of them one reading , of which the second , being the bill to restore the first-fruits and tenths , with a new proviso , was read the second time , and , as it should seem , committed to m r sackvill and others , although it had been formerly sent down from the lords . on saturday the th day of february , four bills of no great moment had each of them their first reading , of which the last was the bill to reverse judgments , in praecip . quod red . for lack of summons . the bill for leases and offices made by the deprived bishops , was read the second time , and as it should seem committed to m r gates and others . the bill also for the patentees of the bishop of winchesters lands , was read the second time . the bill lastly , for restitution in blood of the queens highness after queen anne was read the second time , but no mention is made , that it was either ordered to be ingrossed , or referred to committees , because it had been sent from the lords on thursday the th of this instant february foregoing . on monday the th day of february , the new bill for tanning and selling of tann'd leather , and the new bill for regrating of tann'd leather , were each of them read the first time . the proviso from what time the repeal of the attainder of cardinal poole shall have commencement , was read the first time . the bill touching common recoveries , was read the first time . the bill for the sessions to be holden in pembrook town , was read the second time , and ordered to be ingrossed ; and the bill explaining the act of regrators , forestallers , &c. was read the second time . the proviso in the bill for first-fruits , was read the first and second time . the bill lastly , of tonnage and poundage , was brought from the lords by m r sollicitor . on tuesday the th day of february , three bills of no great moment , had each of them their first reading : of which the last was the new bill for the payment of an imposition by frenchmen to melcomb regis in dorsetshire . the bill for the first-fruits and tenths , annexed to the crown ; and the bill for the restitution in blood of the queen , after her highnesses mother , did each of them pass upon their third reading , and were sent up to the lords by m r comptroller and others , with the bill of the subsidy . the new bill for the supremacy of the church , &c. annexed to the crown , was read the first time . on wednesday the th day of february , two bills of no great moment , had each of them one reading , of which the second being the bill for supremacy of the church annexed to the crown , was read the second time , and ordered to be engrossed . the bill for restitution of gerson wroth to be naturally english born , was read the first time . the bill against regrating of tann'd leather , and carriers of leather , the bill for tanners and selling of leather in open market , and the bill touching the repeal of the attainder of cardinal poole , were each of them read the second time , and ordered to be ingrossed . two bills lastly , of no great moment , had each of them one reading , of which the last , being the bill for punishment of treasons , with a proviso from the house of commons , was read the third time , and passed the house . on friday the th day of february , the bill touching carrying of woollen-cloths over the sea , the bill for searching and sealing of woollen-cloths , and the bill for heneden and holdenshire , parcel of the bishoprick of durham , to be to sir francis jobson knight , were each of them read the first time . the bill for the restitution of the blood of sir james croft , and the like bill for sir hen. gates , were brought from the lords by m r comptroller and others . john smith returned a burgess for cammelford in cornub. upon a declaration by m r marsh , that he had come to this house being out-lawed , and also had deceived divers merchants in london , taking wares of them to the summ of three hundred pounds , minding to defraud them of the same , under the colour of the priviledge of this house , the examination whereof being committed to sir john mason and others of this house , it was found and reported to be true , and a writ of capias utlagatum against him , was directed to the sheriff of london , return . quindena paschae next , at the suit of will. pinchbeck and johan his wife , in a plea of detinue . upon which matters consultation being had in the house , the question was asked by m r speaker , if he should have priviledge of this house or not . but by the more number of voices it seemed , that he should not have priviledge . and upon the division of the house , the number that would not have him to be priviledged , was a hundred and seven persons , and the number that would he should be priviledged , was a hundred and twelve , and therefore it was ordered that he should still continue a member of the house . vide concerning this matter in a like president in an . regin . eliz. in the journal of the house of commons , on thursday the first day , friday the d day , on saturday the th day and on monday the th day of march. on saturday the th day of february , the bill for the incorporation of trinity-colledge in cambridge , and the bill for the preservation of the fry of eels and salmons , were each of them read the first time . the bill for the supremacy of the churches of england and ireland , and abolishing of the bishop of rome , with a proviso for richard chettwood and agnes woodhall , was read the third time , and passed upon the question . and one other proviso touching robert harecourt merchant of the staple , was read the first , second , and third time . on monday the th day of february , five bills of no great moment , had each of them one reading , of which the three last , being for the restitution in blood of john lord grey , sir james croftes , and sir henry gates , were each of them read the first time . the bill touching the declaration of the repeal of the attainder of cardinal poole , was read the third time , and passed the house , and was sent up to the lords by m r treasurer , together with the bill touching the queens supremacy , and also the bill of treasons . the new bill for preservation of woods was read the first time . the bill lastly , for repealing and reviving an act for shoomakers and curriers , and the bill for tanners and selling of tann'd leather in markets or fairs , were each of them read the third time , and passed upon the question . on tuesday the th day of february , three bills of no great moment had each of them one reading , of which the last being the bill for assurance of certain lands , late parcel of the bishoprick of winchester , granted to king edward the sixth , and by his letters patents granted to the earl of pembroke , sir william fitz-williams , sir philip hobbie , sir john mason , sir henry seymour , sir henry nevil , and sir richard sackvill , was read the first time , and as it should seem committed to m r kingsmell to be considered of . john owersall one of the burgesses for hull , edmund gascoigne burgess for thetford in the county of norfolk , and william carvell one of the burgesses for northampton , were each of them , in respect of their several occasions , licensed to depart . on wednesday the first day of march , the bill for false using of linnen-cloth , and the bill for gavelkind for thomas browne , and george browne , were each of them read the second time , and ordered to be ingrossed . the bill against cancellations of recoveries was read the first time . and the bill for allowances to be made to sheriffs , being read the second time , was , as it should seem , committed to m r comptroller and others . the bill also for ecclesiastical laws to be made by thirty two persons , and the bill for the assurance of certain lands , late parcel of the bishoprick of london , to the lord wentworth , the lord rich , and the lord darcy , were each of them read the second time , and thereupon ordered to be ingrossed . the bill also for recognition of the queens highnesses title to the crown of this realm , was read the third time , and passed the house . the bill lastly , for restitution in blood of the lord grey , and the bill also for restitution in blood of sir james crofts , were each of them read the second time . the bishop of winchester in proper person , required the copy of the bill exhibited here , touching his lands , which was granted ; and further , to bring in his answer and counsel , on saturday next at nine of the clock . on thursday the d day of march , the bill for restitution in blood of sir henry gates , was read the second time . the bill to revive a fair at linn-regis , at candlemas , was read the first time , and the bill for changing the parish church of avernant in wales , and the bill for incorporation of trinity-hall in cambridge , were each of them read the second time , and ordered to be ingrossed . the bill touching ingrossers and forestallers of divers victuals , was read the first time . the bill for searching and sealing woollen cloths , was read the second time . three bills were sent up to the lords by m r comptroller and others , of which one was the bill for recognition of the queens highnesses title to the crown of this realm . the three bills for restitution in blood of john lord grey , sir james crofts , and sir henry gates , had each of them their third reading , and passed the house . the bill lastly , concerning the confirmation of the bishoprick of london , to the now bishop of london , was read the first time . on friday march the d , the bill for the restitution in blood of edward lewkenor , and three of his brethren , and six of his sisters ; and the bill against often buying and selling of horses and mares , had each of them one reading . the bill for the true garbling of feathers , the bill that leases of benefices shall not be charged with payment of tenths , and the bill against ingrossing of dead victuals , called monopoly , were each of them read the second time , and ordered to be ingrossed . the bill for assurance of lands , late parcel of the bishoprick of london , to the lord wentworth , the lord rich , and the lord darcy , the bill for the gavelkind lands of thomas browne and george browne , and the bill for the incorporation of trinity-hall in cambridge ..... m r mason required that the counsel of the patentees for the bishop of winchesters lands , may be here to morrow , to hear what the bishop and his counsel will say , which request was granted by the house . m r sollicitor coming from the lords , declared , that ten of this house shall attend certain of the lords to morrow , for the proviso in the bill of treasons . six bills were sent up to the lords from the house of commons , of which one was the bill for the incorporation of trinity-hall in cambridge , and another for gavelkind lands . on saturday the th day of march , four bills of no great moment , had each of them their first reading , of which the last was the bill for the assurance of hartlebury and wychenford , to sir francis jobson , and walter blount severally . the bill for the reviving of the act for the carrying of horses into scotland , and that for the restitution of robert rudston , were brought from the lords by d r vaughan . john cheeseman , one of the burgesses of rumney in the five ports , for his business was licensed to be absent . the bishop of winchester , in proper person , opened his title to the mannors , saying , they had been parcel of the bishoprick by a thousand three hundred years , and required this house of justice . the queens atturney hearing the talk of the bishop , required for the queen , that he might be heard for the queen , touching certain lands late parcel of the said bishoprick ; and day was given as well to m r atturney , as to the bishop , to be here on monday next , at half an hour before nine of the clock . m r chancellor of the dutchy complained , that m r white had called him a witness not to like the book of service . m r white answered that m r chancellor said , he wished the book to be well considered of . but for that the house doth take that mr. white did mistake him , therefore mr. white standing asked him forgiveness , which mr. chancellor did take thankfully . on monday the th day of march , the new bill for artificers in the county of kent , to dwell in towns , was read the first time . divers arguments were had touching cancellation of the records in the chancery , for the late bishop of winchesters lands , and the examination thereof was committed to mr. comptroller , and others . the queens attorney , for that the bishop of winchester had brought learned counsel with him , desired they might say their minds , whereby mr. attorney might fully answer ; and the bishop said , that his counsel was not yet instructed ; wherefore mr. attorney answered , the effect whereof was that the appeal made by gardiner was not of effect . for that in the commission , at his deputation , was contained cum appellatione remota . and so the grant made to king edward the sixth , by the bishop , ne point d'effect . mr. noell and mr. bell of counsel with the patentees , declared in effect for the patentees , as mr. attorney had shewed for the queen . on tuesday the th day of march , three bills of no great moment , had each of them their first reading ; of which the last being the bill that executors shall make the supervisors privy to the performance of a will , was committed to mr. chamberlain , as it should seem , to be considered of . the bill touching the late bishop of worcesters lands , to sir francis jobson , and m r blount , was read the second time , and ordered to be engrossed . the bill for carrying of unwrought cloths of l over the seas , was read the second time . the bill to revive a fair at linn regis , the day after the purification of our lady , was read the second time , and ordered to be ingrossed ; and the bill for preservation of woods being read also the second time , was committed . the bill touching the ingrossing of dead victuals for a monopoly ; and the bill for gerson wroth born in stratsburgh , to be as being born in england , were each of them read the third time , and passed the house ; and were sent up to the lords by mr. vice-chamberlain . on wednesday the th day of march , two bills of no great moment , had each of them one reading , of which the second , being the bill against leases to be made by spiritual persons , was read the second time , and ordered to be ingrossed . the bishop of worcester in proper person , required the copy of a bill , exhibited against his bishoprick , and a day to make answer in writing or otherwise . the bishop of coventry and litchfield , made the like petition . the bishop of winchester at this time , was richard pate , and the bishop of coventry and litchfield , was ralph banes , whose stiff opposition against the reformation of religion perfected this parliament ; as also the free liberty they had to defend their own causes , either in person , or by their counsel , do argue as in them , and divers other bishops , at this time , much boldness and perverseness , so in her majesty incomparable lenity and moderation , who so impartially and patiently suffered their opposition , and gave way to their allegations , that so they might be fully convicted upon indifferent hearing . it was ordered , that the bishop of worcester shall have the copy , and make his answer upon saturday next , and the bishop of coventry and litchfield on monday next after . and it is likewise granted , that the other parties shall then and there have their counsel , to hear the bishops . on thursday the th day of march , four bills of no great moment , had each of them their first reading ; of which the first was the bill for the assurance of the jointure of the dutchess of norfolk . the bill to assure certain lands , late of the bishoprick of winchester , to the queen , and certain patentees of king edward the vi. was read the second time ; but no mention is made that it was either ordered to be ingrossed or referr'd to committees , because they had been formerly sent down from the lords . on friday the th day of march , the bill touching colledges and chantries , surrendred to king henry viii . was read the first time . the bill for restitution in blood of robert rudston , and the bill for the restitution in blood of edward lewkenors sons and daughter , were each of them read the second time , but no mention is made that they were either ordered to be ingrossed , or referr'd to committees , because they had been formerly sent down from the lords . the bill against destruction of fry of salmons , eels and other fish , and the bill for dwelling of cloathiers in barford , dedding , coxal , and bocking in essex , were each of them read the first time . and the proviso devised by the lords , in the bill of treasons , had its second reading . the bill for the answering of the revenues to the queen , with the incorporation of trinity-hall , were brought from the lords by m r sollicitor . rowland lakin burgess for wenlock , was licensed to be absent for his business at the assizes . on saturday the th day of march , the bill to confirm leases and grants , made by d r ridley late bishop of london , was read the second time , and ordered to be ingrossed . the bishop of worcester with his counsel declared , that hooper was not lawful bishop , by reason of the appeal of bishop heath , and so the grant not good , and prayed the house to consider of it . vide concerning this matter on wednesday the . day of this instant march foregoing . on monday the th day of march , three bills of no great moment , had each of them one reading ; of which the last , being the bill for the punishment of seditious words and rumours , was read the second time ; but no mention is made that it was either ordered to be ingrossed or referr'd to committees , because it had been formerly sent from the lords . the bishop of london in proper person , required a copy of a bill , put in for confirmation of leases granted by doctor ridley , usurper of the bishoprick , as he saith , which copy was granted unto him , with addition , that the house doth intend to take his title in the bishoprick as it is , and to make his answer by words , on wednesday next peremptory , at nine of the clock . the bishop of london at this time was edmund bonner , whose stiff opposition against the reformation of religion , perfected this parliament ; as also the free liberty he had here to defend his own cause , either in person , or by his counsel , doth argue as in him and divers others popish bishops at this time much boldness and perverseness , so in her majesty incomparable lenity and moderation , who so impartially and patiently suffered their oppositions , and gave way to their allegations ; that so they might be fully convicted upon indifferent hearing . the bishop of coventry and lichfield , with his counsel , declared , that for the fine levied , m r fisher hath no cause to complain . to the which , m r fisher's counsel alledged , that the fine was made by compulsion . vide concerning this matter on wednesday the th day of this instant march foregoing . thomas church , one of the citizens for hereford , for his affairs was licensed to be absent . on tuesday the th day of march , the bill for liberties of hexham and hexhamshire , and the bill for craftsmen to dwell near the sea in kent , were each of them read the second time . the bill also for carrying of leather and tallow over the sea to be made felony , was read the second time . articles being devised for the punishment of the bishop of winchester and others , for cancelling of records : it was ordered , that a bill should be thereof drawn by m r keilway . on wednesday the th day of march , three bills of no great moment , had each of them their first reading ; of which the first was the bill to restore deprived bishops . the bill for cloathiers to dwell in bocking , coxal , &c. was read the second time , and ordered to be ingrossed . two other bills also had each of them their second reading ; of which was one bill for the jointure and marriage of the dutchess of norfolk . the bishop of london in his proper person shewing the untruth of the bill , as he takes it , did conclude , that the commissioners for his deprivation , did not according to their commission . and yet by his appeal , as also by his letters patents from queen mary , he standeth still bishop , and the grants made by doctor ridley void . vide touching this matter on monday the th day of this instant march foregoing . the bill lastly for restitution in blood of the sons and daughter of edward lewkenor , was read the third time , and passed the house . on thursday the th day of march , two bills of no great moment , had each of them one reading : of which the second being the bill to make lawful the deprivations of bishops and spiritual persons , was read the first time . the bill for the assurance of the lands , late parcel of the bishoprick of winchester , to the patentees of king edw. vi. was read the second time , and thereupon ordered to be ingrossed . the new provisoes from the lords , in the bill for the first-fruits , were read the first time , and the proviso from the lords in the bill of treasons , was read the third time , and passed the house . the bill for allowance of sheriffs for the justices diets , and the bill for the restitution in blood of robert rudston , were each of them read the third time , and passed the house . the bill for thicking of caps in mills , was read the third time , and upon the question was dashed . the bill lastly , for renewing one of the fairs at linn regis , and the bill for the new parish church of abernant in wales , were each of them read the third time , and passed the house . robert buxton burgess of brembre in sussex , was licensed to be absent , for the duke of norfolks affairs . on friday the th day of march , the bill for the shipping of woollen cloaths of l s over the sea ; the bill for artificers in kent and sussex , and the bill against carrying over sea of leather , hides or tallow to be felony , were each of them read the second time , and ordered to be ingrossed . the bill , that no persons shall be punished for using the religion used in king edwards last year , was read the first and second time , and ordered to be ingrossed . and the bill that licenses shall be good but during the princes reign , was read the second time , and ordered likewise to be ingrossed . the bill for true answering of customs , and unlading of goods in the day time , was read the first time , and as it should seem , referr'd to m r chancellor to be considered . three bills lastly of no great moment , had each of them one reading ; of which one being the bill for the jointure of the dutchess of norfolk , and another against seditious words and rumours against the queen , had each of them their third reading , and passed the house . on saturday the th day of march , the bill against buying of horses to sell shortly again , and the bill for the assizes to be kept in the town of stafford , were each of them read the second time , and thereupon ordered to be ingrossed . two bills of no great moment , had each of them one reading , of which one being the bill against unlawful assemblies , was read the first time , and ( as it should seem ) committed to m r smith to consider of it . three bills lastly , had each of them their third reading , of which one being the bill for assurance of divers mannors , late parcel of the bishoprick of winchester , to king edward the sixths patentees , was upon the question passed the house . the bill for the supremacy was brought from the lords , by m r attorney , to be reformed . vid. concerning this bill on thursday the th of april ensuing . john malock burgess for linne , and robert moone burgess for britport , for their several affairs have licence to be absent . on monday the th day of march , two bills of no great moment , had each of them one reading , of which the second being the bill touching the assizes and gaol-delivery , was read the third time , and passed the house : and was presently sent up to the lords , with divers others , by m r vice-chamberlain . the bill that the queen shall make rules for colledges and schools , was read the second time and ordered to be ingrossed . and the bill for continuance of the last act for rebellions , was read the first time . the proviso sent from the lords , with the bill of first-fruits , was read the second time . and the proviso and reformation in the bill of supremacy , was read the first time ; de qua vide on thursday the th of april ensuing . on tuesday the th day of march , two bills of no great moment , had each of them one reading ; of which the second being the bill for tanning and selling of tann'd leather , was read the first time . the bill against unlawful assemblies , was read the second time , and ordered to be ingrossed . and the proviso and reformation in the bill touching supremacy , was read the second time . two bills also had each of them one reading , of which one being the bill that the queens majesty shall make orders in collegiate churches , was read the third time , and passed the house , and was sent up to the lords by m r vice-chamberlain and others . the new bill against cancelling of records by warrant or otherwise , was read the first time . two bills also had each of them their second reading , of which one was the bill to make lawful the deprivations of the bishops of london , winchester , worcester , and chichester , in the time of king edward the vi. the bill that the queens highness shall collate or appoint bishops in bishopricks being vacant , was read the first and second time , and thereupon ordered to be ingrossed . on wednesday the th day of march , the bill to continue the act for rebellious assemblies , the bill for collating of bishops by the queens highness , and without rites and ceremonies , and the bill for tanners and selling of tann'd leather , were each of them read the third time , and passed the house , and were sent up to the lords by m r comptroller . the provisoes and additions by the lords in the bill of supremacy , and the provisoes from the lords in the bill of first-fruits , were read the third time , and passed the house . four other bills lastly , of no great moment , had each of them one reading , of which the last was the bill to revive the act against carriage of horses into scotland , and was read the third time , and passed ; and was with three others , sent up to the lords by m r chancellor of the dutchy . on thursday the th day of march , it was reported to this house by ..... one of the burgesses , that mr. story had not well used himself , being a member of this house , to go before the lords , and be of counsel with the bishop of winchester against the patentees , which by the house was taken to be a fault . whereupon m r story excused himself by ignorance of any such order . and nevertheless had since considered of it , and doth acknowledge it not to be well done , and therefore required the house to remit it , which willingly by the house was remitted . vide touching this business on wednesday the first day , friday the third , saturday the fourth , and on monday the sixth day of this instant march foregoing . on friday the day of march , for weighty affairs to be done in this parliament , according to the example of the upper house , this court of the house of commons is according to former presidents adjourned until monday the third day of april next coming . but upon what occasion the house of commons was this day adjourned , doth not at all appear in the original journal-book of the same house , but most probable it is , that it was by reason of a disputation had and agitated this forenoon in westminster church , between the popish bishops , and some learned men of the protestant religion , which is at large set down , acts and monuments , à pag. . usque ad pag. . at which the lords of the upper house , and the knights , citizens and burgesses of the house of commons , desired ( as it should seem ) to be present . vide also on monday the third day of april next ensuing . on monday the third day of april , mr. speaker with a few of this house was present , and part of the bill for sealing of cloths was read ; but for that this day was appointed to have disputation before the council and lords in westminster quire , between the bishops and mr. horne , mr. cocks , and other english men that came from geneva ; and for that it was meet , that they of this house should be there present , to hear ; this court was continued until the morrow following . her majesties godly desire to abolish superstition , and to preserve unity and truth in the church , doth fully appear by the appointment and permission of this disputation , which began in westminster church , on friday the last day of march immediately foregoing , not here mentioned , as is at large set down in that laborious and voluminous work of mr. fox his acts and monuments . on tuesday the . day of april , the bill to revive the act for holy-days and fasting-dayes ; and the bill against sorceries , witchcrafts , and prophecies , of badges and arms , were each of them read the second time , and ordered to be ingrossed . on wednesday the . day of april , the bill for the true answering of the queens majesties revenues , was read the second time , but no mention is made that it was ordered to be engrossed , or referr'd to committees , because it had been formerly sent from the lords . on thursday the . day of april , the bill to restore spiritual persons deprived in the time of queen mary , was read the second time , and as it should seem , was committed to mr. goldsmith and others not named . the bill that all such colledges and chantries granted to king edward the sixth , shall be also in the queens majesty , was read the first time . and lastly , the bill against buying and selling of horses , was upon the third reading ordered to be ingrossed . quod nota . on friday april the . the bill touching the orders for men-servants , was read the first time . and ( as it should seem ) committed unto sir anthony coke , to consider of it . the bill touching shipping of wares , and the bill for the true answering of the customs for merchandizes , were each of them read the first time . the bill for bishops temporalties , was brought from the lords by mr. weston and doctor vaughan ; and the bill lastly , that the queen shall have the bishops temporalties during the vacation , for recompence of tythes and parsonages impropriate , was read the first time . on saturday the . day of april , the bill to revive the act for sowing of flax and hemp , and the bill for encrease of woods , had each of them their first reading . the bill touching colledges and chantries granted to king edward the sixth , to be in the queen by explanation of this bill , was read the second time , and ( as it should seem ) committed to mr. mersh and others not named . the bill lastly , that the queen and her heirs shall have the temporalties of bishops for recompence of tenths and parsonages impropriate , was also read the second time ; but no mention is made that it was either referr'd to committees , or ordered to be ingrossed , because it had been formerly sent from the lords . on monday the . day of april , the bill for sealing of woollen cloaths , was read the first time . it was this day ordered that the names shall be called on wednesday next in the afternoon . two bills of no great moment , had each of them one reading , of which one being the bill , that the inhabitants , being craftsmen , in kent , shall dwell near the sea-coasts , was read the third time and pass'd the house . the new bill lastly , to avoid the usurped power claimed by any foreigner in this realm , and for the oath to be taken by spiritual and temporal officers , was read the first time . on tuesday the . day of april , the bill to preserve the spawn and fry of fish , and the bill to continue the act made for sowing of hemp and flax ; were each of them read the second time , and ordered to be ingrossed . on wednesday the . day of april , the bill to avoid all foreign power , used by any foreign potentate in the realm , and for the oath to be taken , was upon the second reading ordered to be ingrossed . two bills lastly had each of them one reading , of which the last being the bill for punishment of such persons as misuse linnen-cloth with chalk , was read the third time and passed the house . on thursday the . day of april , the bill for restoring the spiritual jurisdiction to the imperial crown of the realm , and abolishing foreign power , was read the third time ; and upon the question pass'd the house . the bill to revive the act for punishment of rebellions , was read the first time , and the bill for entring the goods of merchants , and unlading , and for customs of sweet wines , was read the second time . robert whitney one of the knights for hereford , was licensed to go home , because his wife was lately departed . on friday the th day of april , four bills were sent up to the lords by m r vice-chamberlain , of which one was the bill for punishment of such persons as misuse linnen-cloth with chalk , and another for the abolishing of foreign power . the bill for searching and sealing of woollen-cloths , the bill for making of frizes in cardigan , carmarthen , and pembroke , and the bill to explain the statute made against ingrossers of dead victuals , were each of them read the first time . on saturday the th day of april , the new bill for the assurance of lands , parcel of the bishoprick of worcester , to sir francis jobson , and walter blunt , was read the first time . it was ordered that the serjeant shall shew unto the master of the rolls , that his servant ..... thrower shall be here , on monday next , to answer to certain evil words spoken by him , against the house , opened by m r skinner , and m r carnefewe . vide plus concerning this business on monday the th day of this instant april ensuing . seven bills of no great moment , had each of them one reading , of which one being the bill that hexham and hexhamshire shall be of the county of northumberland , and another for confirmation of leases , grants of offices , and copyholds by nicholas ridley late bishop of london , and a third to avoid the often buying and selling of horses and mares , had each of them their third reading , and passed the house . on monday the th day of april , the bill touching knights and burgesses , for attendance in the parliament , was read the first time . the bill to revive the act for destruction of choughs and crows , and the bill to revive the act against rebellions , were each of them read the second time , and thereupon ordered to be ingrossed . the bill that the queens majesty shall have divers temporal lands of the archbishops and bishops , in recompence of tenths and parsonages impropriate , was read the third time , and passed upon the question and division of the house , viz. with the bill a hundred thirty four , and against the bill ninety . the bill for restitution in blood of henry howard , jane howard , and katherine wife to the lord barkley , was brought from the lords by doctor lewes and others . m r carnefewe declared to the house , that ..... thrower servant to the master of the rolls , did say against the state of the house , that if a bill were brought in for womens wyers in their pastes , they would dispute it and go to the question ; and that he heard the lords say as much at his masters table ; and that these words were spoken on wednesday last before easter , at lincolns-inn . whereupon the said thrower , being brought to the bar by the serjeant , denied these words to be spoken by him , and carnefewe affirmed them ; whereupon thrower was committed to the serjeants keeping : vide concerning this matter on saturday the th day of this instant april foregoing . on tuesday the . day of april , the bill for taking and having of apprentices and journey-men , was read the first time , and ( as it should seem ) committed to m r arnold to consider of . the bill for making of frizes in length and breadth in wales , was read the second time , and ordered to be ingrossed . two bills had each of them one reading . of which one being the bill for the unity of the service of the church , and ministration of the sacraments , was read the first time . john griffith esq knight for flintshire in wales , hath license to go home , for the delivery of records at the next county . on wednesday the . day of april , the bill for lading in long bottoms , and for uniformity of common-prayer , and service in the church , were read the second time , and ordered to be ingrossed . on thursday the . day of april , the bill for the restitution in blood of henry howard , younger son to the late earl of surrey , lady jane howard , lady katherine howard , wife to sir henry lord barkley , and lady margaret howard , was read the first time . and the bill to revive the act for killing of rooks and crows , was read the third time and passed . two bills had each of them one reading , of which the latter being the bill for the unity of service in the church , and administration of the sacraments , was read the third time , and passed the house . the bill lastly , for the watermen of the thames to have harque-buts , shots , &c. was read the second time , and as it should seem was committed to m r cambden and others not named . on friday the . day of april , the bill to carry corn out of the realm ; the bill that timber shall not be made for cole to make iron ; the bill that hides of four years old shall be made for sole leather ; and a bill for the good order of servants of husbandry , and artificers , and their wages , were each of them read the first time . on saturday the . day of april ( for that this day m r speaker , with most of the house , were all the forenoon to hear the arraignment in westminster-hall of the lord wentworth , for the loss of calis ) they sate not till the afternoon ; at which time , the bill that tanners shall convert hides of beasts of four years old and a half into soal leather , was read the second time . april the . sunday . on monday the . day of april , the bill for restitution in blood of henry howard , &c. was read the second time , but no mention is made that it was either ordered to be ingrossed , or referred to committees , because it had been formerly sent from the lords . three bills had each of them one reading ; of which the first being the bill for the dissolution of houses of monasteries , abbies , priories , &c. erected since the death of king edward the vi. was read the first time . the bill lastly , for preservation of spawn and fry of fish , was read the third time , and passed the house ; and the bill to take goods and merchandize , was read also the third time , and passed the house upon the division thereof , viz. with the bill eighty four , and against the bill sixty six . robert ap hugh knight of carnarvonshire , had licence to be absent for his great business at the assizes at denbigh , on monday next . on tuesday the th day of april , the bill against burning of timber into cole , to make iron in certain places , was read the second time . nine bills were sent up to the lords by sir anthony coke , and others , of which one was the bill for the preservation of spawn of fish , &c. and another was for the uniformity of common prayer , for service in the church , and administration of the sacraments . the bill for wages of servants and labourers ; and the bill for dissolution of certain abbies , priories , hospitals , &c. were each of them read the second time . the bill for the restitution in blood of the lord dacres of the south , was sent from the lords by m r read and others . two bills lastly , of no great moment , had each of them one reading ( being the third ) and passed the house ; of which one was the bill to revive an act against unlawful assemblies , and the other for punishment of sorcery , and witchcraft , and buggery to be felony . on wednesday the th day of april , two bills of no great moment , had each of them one reading ; of which the first being the bill for restitution in blood of the lord dacres of the south , was read the first time . two bills of no great moment , had each of them one reading , of which the first being the bill for making , searching , and sealing of woollen cloths , was read the second time , and thereupon ordered to be ingrossed . the bill restoring to the crown the antient jurisdiction over the state ecclesiastical and spiritual , and abolishing of foreign power repugnant to the same ; with a proviso added thereunto by the lords , was sent down from their lordships by serjeant weston and the queens attorney , which being omitted in the original journal-book of the house of commons , is therefore supplied out of that of the upper house . on thursday the th day of april , the bill for searching and sealing of woollen-cloths , was read the third time , and passed the house , and was sent up unto the lords by m r secretary . the bill for answering of customs , and laying goods and merchandizes on land , was read the third time , and passed the house , and was sent up to the lords by m r secretary , with the bill of supremacy reformed ; concerning which bill of supremacy , vide on tuesday the th day , on wednesday the th day , and on saturday the th day of february last past ; as also on saturday the th day , monday the th day , on tuesday the th day , and on wednesday the th day of march preceeding . et vide etiam a note touching this business in the original journal book of the upper house , on saturday the th day of april foregoing . the bill for garbling of feathers , forsings and flocks , was read the third time , and passed the house ; and lastly , the bill that the queen by commission , may restore spiritual persons deprived , was read the first time . on friday the th day of april , the bill for the restitution in blood of the lord dacres of the south , was read the second time . henry clifford gent. burgess for bedwyn , was licensed for his affairs to be absent . the provisoes in the bill for suppression of abbies , priories , &c. was read the first and second time . on saturday the . day of april , the bill for watermen on the thames to have harque-buts , &c. was read the second time , and ordered to be ingrossed . the bill for uniting of abbies , priories , nunneries , hospitals and chauntries , founded since the reign of queen mary , to be annexed to the crown , was read the third time , and passed the house upon the question , and was sent up to the lords by m r vice-chamberlain . the bill lastly , to restore such persons to their benefices , as were unlawfully deprived , was read the second time , and was thereupon ordered to be ingrossed . april the . sunday . on munday the first day of may , the bill for the restitution of the brothers and sister of the duke of norfolks ; the bill for the restitution in blood of the lord dacres of the south ; the bill that timber trees in divers places shall not be felled for cole to make iron ; and the bill that the inhabitants of dorking , coxall , and dedham westbarford , &c. may make woollen cloths there ; were each of them read the third time , and passed the house . the bill lastly , that watermen of the thames shall have and shoot in harque-buts , &c. was read , and upon the question and division of the house , dashed by the difference of ten voices , viz. with the bill fifty two , and against the bill sixty two . on tuesday the second day of may , the bill that the queen by commission may restore such spiritual persons , as have been unlawfully deprived , was read the third time , and passed the house , and was sent up to the lords by m r sadler and others , with the four other bills which last passed . the bill lastly , for the continuance of divers acts , was brought from the lords . on wednesday the third day of may , three bills of no great moment , had each of them one reading ; of which the second being the bill for carriage of corn over sea , when wheat is s , barley s d , beans and rye at s , and oats at s d , the quarter , was read the third time , and passed the house . on friday the th day of may , the bill for continuance of certain acts , was read the third time , and passed the house , and was sent up to the lords by mr. secretary . on saturday the th day of may , the bill touching abbies , &c. was brought from the lords , to be reformed with three provisoes of their lordships ; and the bill for preservation of fry of fish , was likewise brought down from the lords to be amended . may the th sunday . on monday the th of may , the provisoes in the bill for preservation of the fry and spawn of fish , were read the second and third time , and passed the house . in the afternoon the queens majesty sitting in her royal seat , the lords and commons attending , m r speaker made a learned oration , exhibiting the bill for the subsidy , and the bill of tonnage and poundage , and required the queens assent might be given to such bills as had passed both the houses ; which oration being praised and answered by the lord keeper of the great seal , the royal assent was given to forty two acts , and by the queens pleasure this parliament was dissolved . § * henry the vi. martii an. . called a parliament at reading ; martii , thorpe was chosen speaker ; from thence the parliament was adjourned to westminster till . apr. where it continued till . july , and then prorogued till . nov. to reading , again adjourned till . february , after till . at westm. during these adjournments and prorogations , richard duke of york , having got the ascendant of the king , prepared habiliments of war at the palace of the bishop of durham ; || thorpe being speaker , by command of the king took the arms ; whereupon in michaelmas term the duke brought his action of trespass in the exchequer , against thorpe , and upon tryal that term , recovered a thousand pound damages , and ten pound for costs of suit , and thereupon thorpe was committed to the prison of the fleet , in execution . after all this the parliament met . feb. and the duke of york having got a commission to hold and dissolve the parliament , laboured to keep thorpe in prison , whom he mortally hated , as being faithful to king henry ; and having gained his point in the lords house , afterwards the commons gave up their speaker ; which was no sooner done , and another chosen , but the duke , by the assent of the lords and commons , and after confirmed by commission from the king , was made protector of the realm ; thorpe having paid the debt , fled to the kings party , and after was taken at nottingham field , from thence sent to newgate , then to the marshalsey , and at last beheaded at haryingay park in middlesex . the journal of the house of lords . a journal of the passages of the house of lords in the session of parliament bolden at westminster , an. regin . eliz. an. d. . which began there after one prorogation of the same on tuesday the th of january , and then and there continued until the prorogation thereof upon saturday the th day of april , an. d. . this session in an. regin . eliz. making but one and the same parliament with that session next ensuing , in an . reginae ejusdem , is replenished with some extraordinary matter , besides the accustomed and usual passages of reading , committing , and expediting of bills . for not only the pompous and solemn manner of her majestics repairing to the lords house , is set down ; but the several speeches also of that eloquent orator , and wise statist , sir nicholas bacon lord keeper , are supplied at large , together with such interlocutory speeches , as passed in the house of peers , from thomas williams esq the speaker or prolocutor of the house of commons ; which said several speeches , being not found in the original journal-book of either house , are therefore supplied out of several written copies , or anonymous memorials of them i had by me ; especially the latter passages and speeches , both when the speaker was presented on friday the th day of january , and when this session of parliament was prorogued , on saturday the th day of april , then next following , together with the solemn and royal manner of her majesties passing to the house of lords , on either of the said days , are for the most part transcribed out of several anonymous memorials thereof , i had in my custody , being doubtless the very original draughts or autographs , set down by some observant member of one of the houses , or by some other person then present in the upper house , for it was written in a hand of that time , and much interlined . the parliament was summoned to begin at westminster , on monday the th day of jan. an. regin . eliz. an. d. . upon which day sir nicholas bacon knight , lord keeper of the great seal of england , with divers other lords , repaired to the parliament chamber , commonly called the upperhouse , and then and there in presence of the lords spiritual and temporal , and of the knights , citizens and burgesses , summoned to the same parliament , the lord keeper declared , that the queens majesty , by reason of the evil disposition of her health , could not be present this th day of january , and that she hath therefore been pleased to prorogue the same , until to morrow , being the th day of the same . and to this purpose , a writ patent under the great seal of england , whereby the said parliament was prorogued unto the . day of this instant jan. was read publickly , by the clerk of the upper house , in these words following : elizabeth dei gratia angliae , franciae & hiberniae regina , fidei desensor , &c. praedilectis & sidelibus nostris praelatis , magnatióus & proceribus regni nostri angliae , & dilectis & sidelibus nostris militibus , civibus & burgen . dicti regni nostri , ad parliamentum nostrum apud civitatem nostram westmonasterii , undecimo die instantis mensis jan. inchoand . & tenend . convocatis & electis , & vestrum cuilibet , salutem . cum nos , pro quibusdam arduis & urgentibus negotiis , nos , statum & defensionem dicti regni nostri angliae & ecclesiae anglicanae concernent . dictum parliamentum nostrum , ad diem & locum praedict . teneri ordinaverimus , ac vobis , per separalia brevia nostra , apud civitatem & die praedict . interesse mandaverimus , ad tract and. consentiend . & concludend . super hiis , quae in dicto parliamento nostro tune & ibidem proponcrentur , & tractarentur : quibusdam tamen certis de causis , & considerationibus , nos ad tempus specialiter movent . dictum parliamentum nostrum , usque duodecimum diem hujus instantis mensis jan. duximus prorogand . it a quod nec vos , nec aliquis vestrum , ad dictum undecimum diem jan. apud civitatem praedictam comparere teneamini , seu arctemini , volumus enim vos , & quemlibet vestrum , inde erga nos penitus exonerari : mandantes , & tenore praesentium firmiter injungendo praecipientes vohis & cuilibet vestrum , ac omnibus aliis , quibus in hac parte intererit , quod ad dictum duodecimum dicm januarii , apud praedictam civitatem westmonasterii personaliter compareatis , & intersitis , & quilibet vestrum compareat & intersit , ad tractand . faciend . agend . & concludend . super hiis , quae in dicto parliamento nostro , de communi concilio dicti regni nostri ( favente deo ) contigerint ordinari . teste me ipsâ apud westmonasterium nono die januarii , anno regni nostri quinto . this day , although the parliament began not , nor any peers sate in the upper house , but the lord keeper , and some others of either house , met only in the parliament chamber , to prorogue the parliament unto the . day of this instant month , as aforesaid , were divers proxies returned , from many of the lords , both spiritual and temporal , who in their absence did constitute others to give their voices for them . nota , that the duke of norfolk was constituted the sole or joint proctor of four several peers , and francis earl of bedford was nominated the sole or joint proctor of seven several lords ; whereof one was thomas archbishop of york , and another of them was william bishop of exeter ; by which it doth appear , not only that a spiritual lord did constitute a temporal ( which at this day is altogether forborn , as also for a temporal lord to constitute a spiritual , which was but rarely used during this queens reign . ) but likewise that any peer of the upper house , by the ancient and undoubted usages and custom of the same , is capable of as many proxies as shall be sent unto him . on tuesday the . day of january , the parliament held according to the prorogation on yesterday foregoing , and about eleven of the clock in the forenoon , the queens majesty took her horse at the hall door , and proceeded in manner as followeth . first , all gentlemen two and two , then esquires , knights , and bannerets , and lords , being no barons , or under age. then the trumpeters sounding . then the queens serjeant , m r carus , in his circot-hood and mantle unlined , of scarlet . then m r gerrard the queens attorney , and m r russell sollicitor . then anthony browne , justice of the common pleas , and m r weston of the kings bench. then the barons of the exchequer . then m r corbett , and m r whidon , two justiees of the kings bench. then sir thomas saunders , chief baron of the exchequer , and sir james dyer , chief justice of the common-pleas . then sir william cordall , master of the rolls in his gown , and sir robert catlin , chief justice of the kings bench ; and these justices and barons of the exchequer , in their scarlet mantles , hood and circot edged with miniver ; the mantle shorter than the circot by a foot . then knights counsellors in their gowns , as sir anthony cooke , sir richard sackvile , sir william peeters , and sir ambrose cane . then sir william cecill chief secretary , and sir edward rogers comptroller . then william howard bearing the queens cloak and hat. then barons , in all forty , but there in number . a. st. john of bletso , hunsdon , hastings of loughborough , chandois , north , effingham , but now as the lord chamberlain , darcy of chicke , paget , sheffield , willoughby , rich , wharton , evers , cromwell , st. john , mordaunt , borough , wentworth , windsor , vaux , sands , mountegle , darcy of menell , ogle , mountjoy , lumley , latimer , scroope , grey of wilton , stafford , cobham , dacres of the north , dacres of the south , morley , barkley , strange , zouch , audeley , clinton , but now lord admiral , and bargaveny : their mantles , hoods , and circot furr'd , and two rows of miniver on their right shoulder . then proceeded the bishops , all that were there present were but twenty two , as glocester and st. asaph , chester , carlisle , and peterborough , norwich , and exeter , lichfield and coventry , bath and wells , rochester , and st. davids , salisbury , and lincoln , bangor , and worcester , ely , and hereford , landaffe , chichester , and winchester , durham , and london ; their robes of scarlet lined , and a hood down their back of miniver . then the viscounts , their robes as the barons , but that they had two rows and an half of miniver , as the viscount of bindon absent , viscount mountague , and viscount hereford present . then the earls , but nineteen present , the earl of hertford , the earl of pembroke , bedford , southampton , warwick , bath , huntington , sussex , cumberland , rutland , worcester , darby , shrewsbury , westmoreland , northumberland , oxford , and arundel ; their robes of scarlet , with their rows of miniver . then the marquess of winchester , but now as lord treasurer , and the marquess of northampton ; the duke of norfolk went as earl marshal . then the lord keepers serjeant , and seal , and after sir nicholas bacon , lord keeper of the great seal , in his gown . here clarenceux and norroy . then the queens serjeant at arms , and after garter . then the duke of norfolk , with the gilt rod as marshal ; the lord treasurer with the cap of estate , and the earl of worcester with the sword. then the queens majesty on horseback , a little behind the lord chamberlain , and vice-chamberlain ; her grace apparelled in her mantle , opened before , furr'd with ermines ; and her kirtle of crimson velvet , close before , and close sleeves , but the hands turned up with ermines , and a hood hanging low , round about her neck , of ermins . over all a rich coller , set with stones and other jewels , and on her head a rich caul . and the next after her , the lord robert dudley , master of the horse , leading the spare horse . and after all , other ladies , two and two , in their ordinary apparel . by side the queen went her footmen , and along on either side of her went the pensioners , with their axes ; after the ladies followed the captain of the guard , sir william st. loe , and after him the guard. in which order her majesty proceeded to the north door of the church of westminster , where the dean there , and the dean of the chappel met her , and the whole chappel in copes ; and s t edwards staff , with the inlet in the top , was delivered unto her ; her arm , for the bearing thereof , assisted by the baron of hunsdon ; the canopy born over her by charles howard esq sir george howard , sir richard blunt , sir ed. warner , sir john perrott , and sir william fitz-williams , knights ; her graces train born up and assisted , for the weight thereof , from her arms by the lord robert dudley , master of the horse , and sir francis knowles , vice-chamberlain ; and so orderly proceeded to the travers beside the table of administration . although other princes have used to be placed in the quire till the offering , but not now because there was neither communion nor offering ; and so , she being placed , all the lords sate down on forms , besides the travers ; the spiritualty on the north side , and the temporalty on the south side ; the sword and the cap of estate laid down on the table . then the quire sung the english procession ; which ended , m r noell dean of pauls began his sermon , and first made his prayer orderly for the queens majesty , and the universal church , and especially for that honourable assembly of three estates there present , that they might make such laws , as should be to gods glory , and the good of the realm . the sermon being ended , and a psalm sung , her majesty and the rest orderly on foot proceeded out of the south door , where she delivered the dean the scepter , and so proceeded into the parliament chamber , where the queen stayed a while in her privy chamber , till all the lords and others were placed , and then her highness came forth , and went , and fate her down in her royal place , and chair of estate ( the sword and cap of maintenance born before her ) and when she stood up , her mantle was assisted and born up from her arms , by the lord robert dudley , master of the horse , and sir francis knowles vice-chamberlain . the lord keeper sate alone upon the uppermost sack , until the queen was sate , and then went and stood without the rail , on the right hand the cloth of estate ; and the lord treasurer , holding the cap of estate , on the right hand before the queen , garter standing by him , and on the left hand standing the earl of worcester , with the sword , and by him the lord chamberlain . the duke of norfolk began the first form , and the viscount mountague ( for that the viscount bindon was not there ) ended it . the lord clinton , the lord admiral , began the form behind that of barons , and the lord st. john of bletsoe ended it . the archbishop of canterbury began the bishops form , and the bishop of glocester ended the same . on the woolsack on the right hand , and northside , sate sir robert catlin and sir james dyer chief justices , sir william peter , anthony browne , corbett , weston , and m r gerrard the queens attorney . on the sack on the left hand and southside , sate sir william cordall , master of the rolls , sir edward saunders chief baron , justice widdon , serjeant carus , and m r russell the queens sollicitor , and at their backs sate sir richard read , doctor yale , and doctor vaughan . on the other sack sate doctor huicke , spilman clerk of the parliament , and m r martin clerk of the crown ; and behind them kneeled m r 〈◊〉 , allen , dyeter , nicasius , cliffe and permitter . at the side hand of the queen sate on the ground three or four ladies , and no more ; and at the back of the rail , behind the cloth of estate , kneeled the earls of oxford and rutland under age , the earl of desmond , the lord roos , the lord herbert of cardiffe , and divers other noblemens sons and heirs . nota , that these foregoing passages , touching the solemn manner of her majesties coming to the upper house , are not at all found in the original journal-book of the same , but are transcribed out of a written copy or memorial of them , i had by me , as doth also the lord keepers speech follow , out of the same , in the next place . the queens majesty ( being set ( as aforesaid ) under the cloth of estate ) the house of commons had notice thereof ; and thereupon the knights , citizens and burgesses of the same , repaired to the upper house , and being , as many as conveniently could , let in , she commanded sir nicholas bacon the lord keeper , to open the cause of calling and assembling this parliament , who thereupon spake , as followeth . my lords and others of this honourable assembly , you shall understand , that my most dread and sovereign lady the queens majesty , here present , hath commanded me to declare the occasion of this assembly , which i am not able ( but unmeet ) to do , as it ought to be done , among such a noble , wise and discreet company . howbeit , knowing the experience of her majesty , bearing with such as do their good wills , and your honours patience , in bearing with me in the like , afore this time ; it encourageth me the better herein , not doubting of the like at this present . therefore my lords , the occasion is , that necessary matters be provided for , propounded and scanned , and after agreed upon , and ended , which afterwards shall remain and continue ; which matters in my judgment , may well be divided into two parts , one touching religion for the setting forth of gods honour and glory , and the other concerning policy , for the common-wealth , as well for provision at home , as to provide for the foreign enemy abroad : which said matters of religion , may again be divided into two parts ; for gods cause being sincerely weighed , considered and followed , bringeth forth good success in all affairs , and being not followed , but neglected , and made light of , how can any thing prosper , or take good effect ? and the greater the personages be , which so abuse the same , the greater the fault is , to the damage of the whole common-wealth ; for all mens eyes be fixed on those who be in authority ; for as the head is , even so is the foot ; and after the superior followeth the inferior . for as gods law it self is perfect , so there is no imperfection therein , but that which cometh of our selves , wherein i cannot excuse either the spiritualty or laiety . for as the preachers be not so diligent in their vocation of preaching , as they ought to be , even so we of the laiety be neither so diligent in hearing , nor yet in doing as we should be . and thirdly , some of the laiety in not giving credit unto it , as it ought for to be for as all in authority ought to be credited , and their doings taken in the best part , yet i would wish the same should continue no longer than they do well . and where at this present there is great want of ministers , and some of them that be , be much insufficient ; which , considering the time , are to be born withal , not doubting the circumspection of the bishops , in well looking to the placing of such , which shall be appointed hereafter ; and those which be , and will not be reformed , to have sharp punishment . for as heretofore the discipline of the church hath not been good , and again , that the ministers thereof have been slothful , even so for want of the same hath sprung two enormities ; the first is , that for lack thereof , every man liveth as he will , without fear ; and secondly , many ceremonies agreed upon , but the right ornaments thereof , are either left undone , or forgotten . as in one point , for want of discipline it is that so few come to service , and the church so unreplenished , notwithstanding that at the last parliament , a law was made , for good order to be observed in the same ; but yet as appeareth not executed . therefore if it be too easie , let it be made sharper , and if already well , then see it executed . for the want of discipline causeth obstinacy , contempt and growing of heresie ; therefore better to be winked at and unspoken , than bruted abroad and unperformed : therefore , in mine opinion , the device is good , that in every diocess there be officers appointed and devised , as hath been thought good , to sit for redress of these and such like errors , twice or thrice a year , till the faults be amended . in which well doing , the head-officers are to be born withal , and maintained ; and laws to be made for the purpose : the chief care of which said former matters pertaineth to you , my lords of the spiritualty , wherein you must take pains to travel , whereunto be laws to be joined , not only for the more perfecting of the same , but for the maintenance , as well of the heads , as the ministers thereof . now to the second part , of policy for the common-wealth ; for as there be faults for want of discipline , so are there faults in the imperfection , and want of execution , which imperfection must be looked unto ; and want of laws which needeth to be provided for and made ; and to consider , if there be not too many laws for one thing , and those so large and busie , that neither the commons can understand the same , nor yet well the lawyer , which would be brought into some briefer and better order , and there executed . for which purpose , it is necessary to take care , to have good ministers thereof , and secondly , to banish all fearfulness for prosecuting the same ; and over and besides , that to appoint proved men to inquire of these ministers , whereby they may have the better regard to their duty : for , even as the visitation of the church is and was well appointed for the church , so now is he like to be appointed for the temporalty . for if the laws be not well executed , my part is not the least thereof , which yearly i would be glad to hear of . the third for the enemy , as well here bred amongst us , as abroad : for whereas the queens majesty at her entrance found this realm in war with foreign power , at which time lack of treasure , artillery , force and other things , caused her to agree to a peace , although not the best , howbeit for our surety she spared no cost to bring it to pass ; which notwithstanding , of later time , certain old cankered enemies of this realm , attempted to put in execution to bring the scots to the governance of france , and so being a firm land to ours , to have been our utter enemies ; which danger the queen foreseeing , sought by all means , as well by her ambassadors as others , to stay the enterprise , but could not ; and therefore helped her neighbours of scotland , and so disappointed that attempt ; or else afore this time i doubt the scottish territories would have been too little to have holden them , but that they would have troubled us , not only at barwick , but at the walls of york ; which said attempt , being by the means of her majesty stayed and letted , the said bent enemies have attempted the same in france , to the whole disturbance of all christendom , and all done for the mischief of this realm , ( joined with a devilish conspiracy within our selves , tending to the aiding of the foreign enemy , and by their own confession , to have raised a rebellion in this realm ) and for that by none of her graces travels or means , she could there stay their enterprise , or make them agree , she was forced the rather to stay the same , for the surety of this realm , to the no little charge of her majesty : for in these proceedings , and in repairing of these , and other like faults , i dare be bold to say ( for that i am thereof assured ) it hath cost her majesty as much as two of the best subsidies , which at any time hath been within this realm ; and all at her own proper charges , without either straining of her subjects , or having aid of them , towards the same . howbeit she yet thinketh it well spent , for often it chanceth , that money is better spent than spared ; as the common saying is , that a penny is well spent which afterwards saveth a pound . and so in this , if that money had not been so spent in staying in time their attempted enterprises , it would afterwards have turned to no little prejudice , nor yet small charge of this realm . and where afore this time princes commonly have had some vein or delight to spend treasure upon for their pleasure , which the queen hath none , but only for the common-wealth and surety thereof , so that we may most justly and fortunately say to her great praise , that the relieving of the realms necessities is our princes whole delight : and notwithstanding all the disbursements of these her great charges , yet she was ( as i right well know ) very hardly brought to , and perswaded to call this parliament , in which she should be driven to require any aid , or by any means to charge her subjects , if by any other means it might have been holpen : and so her majesty her self commanded to be declared . and i for my part , and so do others very well know ; for the commons little think or consider what a trouble want is to her , whereby she is forced to ask of them ( which surely is against her nature ) but that she is thereunto forced , for the surety of this realm . and for that the nether house cannot , being so many together , but of necessity must have one to be a mouth , aider or instructer unto them , for the opening of matters , which is called the speaker , therefore go and assemble your selves together and elect one , a discreet , wise , and learned man , to be your speaker , and on friday next the queens majesty appointeth to repair hither again , for to receive the presentment of him accordingly . the manner of her majesties coming to the upper house , with the lord keepers speech , being supplied out of that written copy or anonymous memorial , i had by me , as aforesaid , now follow the names of the receivers and tryors of petitions , out of the original journal-book it self of the upper house . then the clerk of the parliament read in french the names of such , as should receive , hear , and try the petitions for england , france , scotland , ireland , gascoigne and guyen , &c. which were as followeth . receivers of petitions for england , ireland wales and scotland , viz. sir robert catlin , chief justice of the kings bench ; sir william cordall , master of the rolls ; sir anthony browne , knight ; sir richard read , knight ; and doctor huicke ; and such as will prefer any petitions , are to deliver them in six days next ensuing . receivers of petitions for gascoigne , and other parts beyond the seas , and the isles , viz. sir james dyer knight , chief justice of the common-pleas ; sir edward saunders knight , chief baron ; justice weston , m r john vaughan , and doctor yale ; and such as will prefer any petitions , are to deliver the same within six days next ensuing . triors of petitions for england , ireland , wales and scotland , viz. the archbishop of canterbury , lord marquess of winchester , treasurer of england ; the duke of norfolk , earl marshal of england ; the earl of arundel , the earl of rutland , the earl of bedford , the earl of pembroke , the bishop of london , the bishop of durham , the bishop of salisbury , the lord clinton , admiral of england , the lord rich ; all these together or four of the prelates , and lords , calling to them the keeper of the great seal , and the treasurer , and the queens serjeant , when need shall require , shall hold their places in the chamberlains chamber . triors of petitions for gascoigne , and other countries and parts beyond the sea ; viz. the archbishop of york , the marquess of northampton , the earl of shrewsbury , the earl of huntingdon , the bishop of winchester , the bishop of worcester , the bishop of oxon ; the lord howard , the lord chamberlain , the lord abergaveny , the lord wentworth , the lord willoughby , and the lord north ; all they together , or four of the prelates and lords aforesaid , calling to them the queens serjeant , attorney , and sollicitor , when need shall require , shall hold their place in the treasurers chamber . these names of the receivers and tryors of petitions foregoing , being thus transcribed out of the original journal-book of the upper house there should follow out of the same the adjournment or continuance of the parliament , by the queens majesty , or the lord keeper by her commandment ; but the same being wholly omitted through the negligence of francis spilman , clerk of the same , it is in part supplied out of that before-mentioned memorial copy of this present days passages following . then the lord keeper adjourned the parliament till friday next , and then the queen returned to her chamber , and shifted her , and so did all the lords , and then waited on her to the water side , where she took her boat , and departed to whiteball from whence she came , and they till friday at their pleasures ; upon which ensuing friday , her majesty came again to the upper house ; but the manner and form thereof being wholly omitted in the original journal-book of the upper house , and only found in the foresaid anonymous memorials i had by me , is therefore inserted out of the same , in manner and form following . on friday the th day of jan. . the queens majesty at her privy-stairs took boat , and went by water to the parliament-house , about two of the clock , the lords and heralds waiting on her to the landing place , on the back side of the parliament ; and so brought her to her privy-chamber , where she shifted her , and put on her robes , and the lords theirs , as the first day ; and then she repaired to her seat , and the lords to theirs , with their serjeants and gentlemen-ushers ; before her the lord marquess of northampton , bearing the cap of estate , the duke of norsolk the rod of the marshalsie , and the earl of northumberland the sword ; the lord robert dudley , master of the horse , and the baron of hunsdon , sustained her mantle , from her arms : and her train was born by the lord chamberlain , vice-chamberlain , and m r ashley , master of the jewel-house ; and the lord keeper standing at the back of the rail , on the right , and the lord treasurer on the left . and because this is the first session of the second parliament of her majesty , i thought it worth the labour to cause the presence of her majesty , and the lords spiritual and temporal , to be inserted , directly according unto the copy thereof in the original journal-book of the upper-house . die veneris to januar. domini tam spirituales , quam temporales , quorum nomina subsequuntur , praesentes fuerunt . pr. regina . pr. archiepiscopus cantuar. pr. archiepiscopus eboracen . pr. episcopus london . pr. episcopus dunelmen . pr. episcopus winton . pr. episcopus cicestren . episcopus landaph . pr. episcopus hereford . pr. episcopus elien . pr. episcopus wigorn. pr. episcopus bangoren . pr. episcopus lincoln . pr. episcopus sarum . pr. episcopus meneven . pr. episcopus rofsen . pr. episcopus bathon : & wellen. pr. episcopus coven . & lichfeild . pr. episcopus exon. pr. episcopus norwicen . pr. episcopus petriburgen . episcopus carliolen . pr. episcopus cestren . pr. episcopus assaven . pr. episcopus gloucestren . nota , that this is the very express manner and form , by which the presence of her majesty , the lord keeper , and the lords spiritual and temporal , is set down and marked out , upon this present friday , being the first day of this her highnesses second session of her parliament ; and at the beginning of every lords name that was present , are the letters pr. prefixed , by which it appeareth , and may certainly be concluded , that all they , before whose names those letters are not set down , and entred , were then absent , which hath been the constant course of recording such presence , in all the original journal-books of the upper house , both of former and latter times , which is so obvious to every mans curiosity , that will search , that it needs no further dilating . pr. nicolaus bacon miles , dominus & custos magni sigilli . pr. marchio winton . thesaurarius angliae . pr. dux norfolciae comes mareschallus angliae . pr. marchio northampton . pr. comes arundell . seneschallus hospitii dominae reginae . pr. comes northumbriae . comes westmoreland . pr. comes salop. pr. comes darbiae . pr. comes wigorn. pr. comes rutland . comes cumberland . comes sussex . pr. comes huntington . comes bathon . pr. comes bedford . pr. comes pembrooke . pr. vice-comes hereford . pr. vice-comes mountague . vice-comes howard de bindon . in the next and second rank after the spiritual lords , are the names of the lord keepers , and of all other temporal lords , entred above the degree of barons , and the reason why the names of the spiritual lords are thus entred , before the lord keepers , and all other temporal lords , although divers of them enjoy likewise the great offices of the kingdom ; is not because they have all precedence of them , but either in respect that the archbishop of canterbury ( when there is one ) is the first peer of the realm , and so one of the rank with whom they sit in the upper house , and therefore ought to be ranked with him , or else in respect of their ecclesiastical dignities , which are preferred before the temporal , as the church is before the common-wealth . pr. dominus clinton admirallus angliae . pr. dominus howard de effingham camerarius dominae reginae . pr. dominus burgavenny . dominus audley . pr. dominus strange . dominus zouch . pr. dominus barkeley . pr. dominus morley . pr. dominus dacres . pr. dominus dacres de gillesland . pr. dominus cobham . dominus stafford . dominus grey de wilton . pr. dominus scroope . dominus dudley . pr. dominus lumley . dominus montery . dominus ogle . pr. dominus darcie . pr. dominus mountegle . dominus sandes . pr. dominus vauxe . pr. dominus windsor . pr. dominus wentworth . pr. dominus mordant . pr. dominus st. john. pr. dominus cromwell . pr. dominus evers . dominus wharton . dominus riche . pr. dominus willoughbye . pr. dominus sheffield . dominus pagett . pr. dominus darcie de chiche . dominus north. pr. dominus chandos . pr. dominus haistings de loughborough . pr. dominus cary de hunsedon . pr. dominus st. john de bletsoe . in this third and last rank are placed the barons names , of which the two first precede , in respect of their offices , the rest follow according to their several rights . the presence of the lords being thus transcribed out of the original journal-book of the upper house , there is nothing worthy the further observation therein , but only that the abbot of westminster , who sat all the last parliament , is not here at all mentioned , and the reason was , because himself , with five other abbots and abbesses , and many other of the popish clergy , were deprived of their ecclesiastical promotions , in an. dom. . at the end of the last parliament . and now in the next place follows the manner of the presentment of the speaker , with his several speeches , and the lord keepers answers at large , out of a memorial thereof i had by me , which i conceive for the most part to be the very autography , or original copy thereof , taken by the hand of some industrious member of one of the houses , or at least some other hearer , at this time present in the upper house : it being set down in a hand at that time , and full of interlinings and amendments . the queens majesty being set under her cloth of estate , and the lords having placed themselves according to their several ranks , in their parliament robes , the knights , citizens and burgesses of the house of commons had notice thereof , and thereupon repairing to the upper house , with thomas williams esq their speaker elect , were ( as many of them as conveniently could ) let in ; and the speaker was led up unto the bar or rail , at the lower end of the said house , between sir edward rogers knight , comptroller of her majesties houshold , and sir william cecill knight , her said majesties principal secretary ; all of them making , in their proceeding up thither , three obeysances ; and the said speaker , being placed there , after he had made three other like obeysances , began as followeth . right excellent and most vertuous prince , our renowned and dread soveraign lady , on tuesday last it pleased your highness by the mouth of the right honourable , the lord keeper of the great seal , for the more ease of the nether house of this parliament , to command them to go and assemble themselves , and to elect one , being wise , discreet and learned , to be their speaker ; who after a consultation had ( with one voice ) did elect me , being indeed insufficient , as by , and for divers causes i did then to them declare ; howbeit , whether it were that they , being so many wise men together , at the electing of me , and therefore would not seem to speak against their own election , or for what other cause i know not , but they refused my denial , and stood to their said choice , and now present me here , to be at your graces appointment : i therefore , knowing my own imbecillity , and yet not arrogantly refusing the same ; as one amongst the romans chosen from the plough to a place of estimation , and after to the plough again ; even so , i a countryman , sit for the same , and not for this place , most humbly desire your majesty , to discharge me hereof , and to appoint some other more able ; and i , as i am bounden , will not only pray for your highness , but also serve your highness , and my country , to my power , in the place of a citizen , whereunto first i was elect and appointed . then the queen called the lord keeper to her , declaring to him her opinion , for the answering of him ; whereupon he returned to his place , and answered as followeth . m r williams , the queens majesty hath well heard and pondered your speech , and doth well perceive your modest and humble manner , in the disabling your self to that place , whereunto her well-beloved subjects have elected and chosen you , and now accordingly presented you , and hath also heard your suit for discharge of the said room ; and for answer , she hath commanded me to declare unto you , that she commendeth well your modest and humble manner , in so disabling your self , knowing that judgment appertaineth to the caller , and not to the party called ; and , forasmuch as her majesty is credibly informed , as well of your knowledge and experience in other parliaments , as in other great and weighty matters , she thinketh now therefore , she cannot disable you , without some peril to the realm ; and the rather , for that the wise knights , citizens and burgesses have nominated and chosen you , she cannot grant your petition ; and besides , that your modest order in disabling your self , doth right well declare your ability to furnish the place ; for which cause the doth allow this election , and presentation made of you ; not doubting your care to be such , but that the good opinion her majesty and the burgesses have of you , shall be augmented and increased , and the burgesses not to repent their election . therefore your office is to take it upon you . whereunto the speaker answered as followeth . most honourable , although afore this time , the place hath been furnished with orators , and therefore their matter entreated of worthily called an oration ; yet i now , void of any such knowledge , require that name may be left , and that it might bear the name of an epistle with a request . and for the better understanding thereof , i will divide the matter into three parts ; one for time past , and the second , time present , and the third , time to come . but fearing to fall between two mountains , as to be counted either ungrate , or dissembling , i know not what to say ; but yet seeing savage beasts forget not them who do well unto them , as appeareth by the story of a lyon , out of whose foot a certain man took a thorn , which said person , being afterwards cast to the same lyon to be devoured , the lyon not forgetting , but remembring the former kindness shewed unto him , would not devour him , but ever after followed the same man ; even so , without too much ingratitude , can i not let pass your majesties manifold benefits extended upon us ; which although worthily to be declared , they pass my capacity now to express , yet think it blasphemy to suffer it clean to be untouched , and therefore in some part will put in remembrance the same ; which i will divide into two parts ; the one spiritual , the other temporal . for the first , when god planted your highness in this place , you found it not so furnisht with treasure , as other your predecessors have , although , if you had , yet occasions enough to employ it ; which notwithstanding , you did not take the extremity of penal statutes , and other forfeitures , due unto you , but pardoned all such , as in time convenient required it . also your majesty did vouchsafe to take upon you the charge of both the states , as well spiritual as temporal , and so purged this church of all ill service , and placed therein service to gods honour : further , what great plague and dearth happened by ill money this twenty years last past , which within one year is brought to good again , with little loss of your subjects ? your majesty prevented also , as well the attempt in scotland , made by your common enemy there , as now of late again in france ; which otherwise , if it had not been foreseen , would have turned to the no little peril , and loss of this your realm , and subjects thereof . also your highness hath been author of good laws , as appeareth by those made , both at the last parliament , and by your other proclamations since . further , finding this realm at your entrance in wars , you brought it in peace : all which former proceedings have been a great charge unto your majesty , which although the revenues of the crown be small , yet hath it hitherto only been done of your own charge , as the last day by the lord keeper it was declared . and , for the last part and principal point of all other , your highness hath brought and restored again gods doctrine into this realm ; for which your humble subjects most heartily give thanks to god , and you , by the mouth of me , their appointed speaker . for the second point , being time present ; your majesty is the head , and the body the spiritualty and the temporalty , which body is to be divided into three estates , the lords spiritual , and the lords temporal , and the commons , whose mouth i am ; which by no means can prosper , the one without the other : for as any estate divided cannot well continue , so in this ; and therefore say , nosce teipsum , not minding to speak these words only to your highness , but to the whole body ; for although the head may lack a member of the body , and yet continue ; yet so the member cannot want the head , nor yet the head the whole body , but the want of the one of these last two shall be the ruine of the other ; and therefore of necessity , for the sure preservation of the whole , it behoveth them firmly to join together ; for though your highness be the head , and therefore the chief care pertaineth to you , yet your majesty cannot throughly redress the same , without knowledge of the faults , nor yet well understand the whole state , except the other parts of the body join with you , and put to their helping hands . i find in divers histories great commodities grow to princes , by searching out , not only the wants of their subjects , but knowledge of their talk ; whereby they better both understand their own faults , and the flatterers they have about them ; which order the wise and prudent marcus aurelius used , and long time reigned honourably . the noble conqueror alexander , in the beginning of his reign , used the same ; but leaving that order , and having no regard to his living , was destroyed ; which like example was seen by that notable and valiant warrier julius caesar. and being encouraged by these like examples , and others , to enter into some abuses used in this realm , i will only speak of three , being all three notable monsters , necessity , ignorance and error . necessity is grown amongst our selves , so that no man is contented with his degree , though he hath never so much ; but where she is ( as the proverb saith ) she hath no law ; for how now be all schools , benefices , and other like rooms furnished , and yet those for schools so few , that i dare say a hundred schools want in england , which before this time have been . and if in every school there had been but an hundred scholars , yet that had been ten thousand ; so that now i doubt whether there be so many learned men in england , as the number wants of these scholars . the second monster is her daughter ignorance ; for want of ten thousand scholars , which these schools were the bringers up of , and want of good school-masters , bringeth ignorance ; but the occasion of these two monsters , is for want of livings and preferments ; for covetousness hath gotten the livings , as by impropriations , which is a decay of learning . for by it the tree of knowledge groweth downwards , and not upwards , as it was first meant , and made for ; and groweth thereby greatly to the dishonour both of god and this common-wealth . the universities are decayed , and great market towns , and others without either school or preacher ; for the poor vicar hath but only twenty pound , and the rest , being no small summ , is impropriate ; and so thereby no preacher there , but the people being trained up and led in blindness , for want of instructions , become obstinate . and therefore to see to it , and that impropriations may be redressed , notwithstanding the laws already made . the third monster is error , a serpent with many heads , many evil opinions , and much evil life , as pelagians , libertines , papists , and such others , leaving gods commandments , to follow their own traditions , affections and minds . but if the papist be , as indeed he is , in error , let us seek the redress thereof ; for that the poor and ignorant be thereby abused . until which redress be had , you nor your realm , neither at home nor abroad , shall ever be well served of such people , which be so divided ; and therefore speedily look to it , and weed out this wickedness and error within these our days , which is too much known now adays ; for if your godly proclamations were not so soon forgotten , they would be amended . in the country i heard tell , but since i came hither , walking in the streets , i have heard oftentimes more oaths than words , a pitiful hearing ! for if the egyptians , by whose laws the people lost their hands , and amongst the barbarians lost their lives , for swearing , and especially if it were a lie ; if it were so punished amongst them , being infidels , what , shall there be no punishment amongst us being christians ? is truth further from us professing the name of christ , and being christians , than from them being infidels ? but even as tantalus was plagued , so are we ; for although he had apples even hanging at his mouth , yet could he not eat any of them , and having a river of water even as it were running by his lips , yet could he not drink , but died for hunger and thirst : even so are we plagued ; for having gods word , and his name even in our mouths , yet we live as infidels , or as them that are furthest from the same , and so having enough , there is scarcity . and that we may avoid this blasphemy , and the other monsters , your humble subjects desire your highness to see to the lamentable estate of this common-wealth , and the redress of the same . having perused times past , and times present , let us go to , and well remember the time to come . for cato saith , a thing well begun shall be well ended ; so then followeth of a good beginning a good ending . for that noble captain hannibal , environed with his enemies , in a strange country , sounded his trumpet to council , and thereby prospered . so your majesty hath now called the prelates , nobles and commons to council for surety of the realm . we now so therefore assembled , as diligent in our calling , have thought good to move your majesty with the assent of this assembly , to build a strong fort for the surety of the realm , to the repulsing of your enemies abroad , which must be set upon firm ground , and stedfast , having two gates , one commonly open , the other as a postern , with two watchmen at either of them , one governor , one lieutenant , four souldiers , and no good thing there wanting . the same to be named the fear of god ; the governor thereof to be god , your majesty the lieutenant , the stones the heart of faithful people , the two watchmen at the open gate , to be called knowledge and virtue , the other two at the postern to be called mercy and truth ; all being spiritual ministers . this fort is invincible , if every man will fear god ; for all governours reign and govern by the two watchmen , knowledge and vertue ; and if you , being the lieutenant , see justice with prudence her sister executed , you shall then rightly use the office of a lieutenant ; and for such as depart out of this fort , let them be let out at the postern by the two watchmen , mercy and truth ; and then you shall be well at home and abroad . the charge of this fort is yours , being lieutenant . by justice your place is setled , whereunto obedience ought to be taught and done ; which your majesty ought to look to . and so now the fear of god to be a sure fort , the subjects hearts the stones , knowledge , virtue , mercy and truth , the four watchmen , god the governor , and your majesty the lieutenant , is well proved . therefore to build upon this fort , the fear of god , is nothing lacking to a happy life ; for by god are all princes appointed . who put down saul ? who made david king , who sought only gods glory and so prospered ? as did josaphat , josias and hezechias , and also ahas , as long as they sought gods glory , prospered ; but forgetting god , were overthrown : therefore first of all , and continually vouchsafe to seek gods glory , and his true honour , and then you shall have this fort well built , and by you well governed . further i am to be a suitor to your majesty , that when matters of importance shall arise , whereupon it shall be necessary to have your highness opinion , that then i may have free access unto you for the same ; and the like to the lords of the upper house . secondly , that in repairing from the nether house to your majesty , or the lords of the upper house , to declare their meanings , and i mistaking on uttering the same contrary to their meaning , that then my fault or imbecillity in declaring thereof be not prejudicial to the house , but that i may again repair to them , the better to understand their meanings , and so they to reform the same . thirdly , that the assembly of the lower house , may have frank and free liberties to speak their minds , without any controulment , blame , grudge , menaces or displeasure , according to the old antient order . finally , that the old priviledge of the house be observed , which is , that they and theirs might be at liberty , frank and free , without arrest , molestation , trouble or other damage to their bodies , lands , goods or servants , with all other their liberties , during the time of the said parliament ; whereby they may the better attend , and do their duty ; all which priviledges i desire may be inrolled , as at other times it hath been accustomed . and thus having been tedious unto you with my speech , void of eloquence , i crave your pardon , and desire your majesty to accept of my heart , and good will , as well at this time as after , and i will pray as i am bounden , for your honour long to reign over us . then the queen called the lord keeper , declaring her opinion for answering him , which he did as followeth . m r speaker , the queens majesty hath heard and very well weighed your eloquent oration , which you in the beginning required might not be so called , but that it might bear the name of an epistle , with a request , full of good meaning , and good matters , gathered , divided and set ; which you divided , as i gather , into four parts . three by you applied unto three times , past , present , and to come ; and the fourth for your petitions . for times past , being the first , you opened the benefits received by us all from the queens majesty , since her entrance to the crown , which you divided into two , the one spiritual , and the other temporal , and so in some part related the same ; and thus passed with times past . the second part for time present ; after you had therein declared many notable examples of princes , which searched privily to understand the commons talk and opinion , and the benefit thereof arising , you declared to be in this common-wealth three notable monsters , viz. necessity , ignorance and error , which to redress , you desired the princes aid . and in the third part for time to come , you declared how the queens majesty and this parliament in your opinion , by building a fort , named the fear of god , might take order and live surely in time to come . and in the fourth part , made four petitions , the first for free access to her person , and upper house , the second for well taking your meaning , and the third and fourth for free liberty of speech and persons . now for the answering of them , her majesty hath commanded me to say , that for the first part she commendeth much those godly virtues that you opened to be in her , and also those beautiful budding benefits which you declared to come from her , and doubteth not the rather by this your remembring of them , but they shall be on her part hereafter performed , for which she thanketh you , thinking all things well bestowed , when they are well remembred . in the second part you declare certain monsters , which trouble this region , and would be redressed ; the remedy whereof you declared in your third part , wherein she desireth you to travel for the bringing of it to pass . and for the fourth part , being your petitions , which be also four ; for the first being for free access to her person , she granteth it , not doubting of your discretion to use it , as rath as may be , not out of time , nor yet without they be matters of great importance . for the second , that if you mistake their meanings , that they may notwithstanding redress the same , without prejudice to them ; this also she granteth , although unneedful , for that she trusteth you will not offend therein ; and for the third , to have free speech she granteth also , so that it be reverently used . and to the last point , for them and theirs to be free , without disturbance , she is pleased therewith ; howbeit great regard would be therein had , not thereby to avoid or delay their creditors , but to be well used , according to the meaning of the first grant thereof . now a word or two more , i would advise you , to make your laws as few , and as plain as may be , for many be burthenous , and doubtful to understand ; and so accordingly to make them as brief , as the matter will suffer ; and thirdly , that you proceed to the great and weighty matters first , and then to others of smaller importance , and that so speedily as can be , whereby this assembly may be again at their liberties , and so end . then the speaker and nether house did their reverence , and departed , and the queen returned into her privy-chamber , and shifted her , and the lords likewise , and then she repaired to her barge , and so to whitehall , unto which place the sword was born ; the officers of arms waited to and fro . on monday the th day of january , three bills of no great moment , had each of them one reading , of which the last , being the bill for the punishment of clipping , and washing of the queens majesties coin , and other moneys currant within the realm , was read the first time . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum hora nona . on tuesday the th day of january , four bills had each of them one reading ; of which the first being for the good order and government of the garrison of barwick , was read secunda vice , & commissa ad ingrossand . and the second , being the bill for punishment of clipping and washing of the queens majesties coin , was read tertia vice , & commissa archiepiscopo ebor. , duci norfolciae , marchion . northampton , episcopo hereford , domino wentworth , domino willoughby & domino hastings de loughborough . on wednesday the th day of january , the bill touching the government of the garrison of barwick , was read tertia vice & conclns . and sent to the house of commons by serjeant carus , and the queens attorney . on thursday the th day of january , two bills had each of them one reading ; of which one was the bill to repeal a branch of a statute , made anno primo edwardi ti , touching the conveying of horses out of the realm , and being read tertia vice , was concluded , and sent down to the house of commons . on saturday the th day of january , the lords spiritual and temporal assembled , but nothing was done , save only the parliament continued by the lord keeper , in usual form , usque in diem martis prox . hora nona . on tuesday the th day of january , the bill for fulling and thicking of caps , was read prima vice , & commissa to the earl of shrewsbury , the earl of rutland , the earl of bedford , the bishop of winchester , the bishop of exeter , the lord wentworth , the lord willoughby , and the lord shandois ; and the bill also against forging of evidences and writings , was upon the first reading , committed to the archbishop of york , the duke of norfolk , the marquess of northampton , the earl of rutland , the earl of huntington , the bishop of london , the bishop of durham , the bishop of winchester , the lord clinton , the lord wentworth , the lord rich , the lord willoughby , the lord hastings of loughborough , the lord chief justice of the kings bench , the lord chief baron of the exchequer , and the queens sollicitor . nota , that this last mentioned bill , touching the forging of evidences , &c. was not only committed upon the first reading , which is not usual till after the second , but committed also to the judges , being but assistants of the upper house , and to the queens sollicitor , being but a meer attendant upon the same , jointly with the lords , the only proper and undoubted members of that great council ; which is to be observed , because of latter days , neither the said assistants , nor attendants , are ever appointed joint committees with the lords , as here , but only commanded by the house to attend upon the committee , and thereby to give such advice as shall be required of them ; which is no greater respect yielded them at a committee , than in the house it self , sitting the parliament ; and were they still admitted to be committees , as they usually were in all these first parliaments of the queen , yet could no inconvenience ensue thereby , because at a committee things are only prepared , and made ready for the house , in which and no where else they ought to be concluded and expedited . the bill lastly for repeal of a statute made an . ed. . touching conveying of horses out of the realm , was concluded , and sent down to the house of commons . here the house was doubtless continued until thursday next , the th day of this instant january , because this being hillary term , the ensuing wednesday being the th day of the same month , was star-chamber day , on which the house seldom sits ; and this may be observed very usual , not only in this journal , but in the original journal-books of the upper-house of all her majesties time , in whose reign the star-chamber-days were first certainly appointed to be on wednesdays and fridays . true it is , that in former times , when star-chamber-days were uncertain , then it is hard to guess when the house sat not by reason of them , and there seemeth to be but one direct president of it , which is entred in the original journal-book , de an. xxv . henr. . die mercurii , die februarii , in these words , viz. hodie dominus cancellarius , co quod die crastino domini circa ardua negotia in camerâ stellatâ consultaturi , & domini spirituales die veneris in convocatione convers . fuerint , ex consensu totius domus continuavit hoc praesens parliamentum in diem sabbati horâ consuetâ . by which president also it may be plainly collected , that the house did sometimes forbear sitting on convocation days , when the lords spiritual were absent ; of which also there is another president in the original journal-book of the upper-house , de an . hen. . die novembris , where it is thus entred ; dominus cancellarius , propterea quod domini spirituales in convocatione crastino die occupandi sunt , continuavit praesens parliamentum usque ad diem lunae . but notwithstanding these presidents , it is plain , that the other lords may sit , if they please , on convocation days , or star-chamber-days ; for as touching the first , it is plain by the original journal-book , de an . hen. . that the temporal lords sat every convocation day , though they did no other business than receive bills from the commons ; and for the second , there is an excellent president , tempore jacobi regis , to prove , that the lords of the upper-house are not bound to observe star-chamber-days ( though usually they do ) for it appears plainly by the original journal-book , de an . regis ejusdem , die martis , die aprilis , that upon a motion made that day unto the house , that there was a great cause in the midst of hearing to be heard in the star-chamber the day following being wednesday , the lords were contented to forbear sitting that day , but withal it was provided that it should not be drawn into a president , but that the house ( being the supream court ) may sit upon any star-chamber day , notwithstanding the absence of such lords , as do use to attend that court : and accordingly the house was adjourned unto the next day , being wednesday , in the afternoon . and the next star-chamber day , being friday , the th day of april , the house did sit both in the forenoon , and in the afternoon . dominus custos magni sigilli continuavit praesens parliamentum usque in diem jovis prox . hora nona . on thursday the th day of january , the lords spiritual and temporal assembled , but nothing was done , save only the parliament continued in usual form , usque in diem sabbati hora nona . on saturday the th day of january , the bill for assurance of certain lands assumed by the queens majesty , during the vacation of bishopricks , was read secunda vice ( although not mentioned through the negligence of the clerk ) & commissa archiepiscopo eboracen . duci norfolciae , marchion . northampton , comiti salop. comiti derby , comiti rutland , comiti huntington , comiti bedford , comiti pembroke , episcopis london , dunelm . winton . hereford , elien . domino clinton admirallo , domino howard de effingham camerario , domino dacres de gillesland , domino lumley , domino rich , domino willoughby , domino hastings de loughborough , & domino hunsden , ac dnobus primariis justiciariis & primario baroni scaccarii . nota , that here the judges , who are but assistants unto the upper house , are made joint committees with the lords ; see also a like president on tuesday the th day of this instant january foregoing . dominus custos magni sigilli continuavit praesens parliamentum usque in diem lunae prox . hora nona . on monday the first day of february , the lords spiritual and temporal assembled , but nothing was done , save only the parliament continued in usual form , usque in diem mercurii prox . hora nona . on wednesday the d of february , the lords also assembled , but nothing was done , save only the parliament continued by the lord keeper , usque ad diem sabbati prox . hora nona . on saturday the th day of february ( to which day the parliament had been on wednesday last continued ) a bill against forging of evidences and writings , was read the first time . on monday the th day of february , the bill against forging of false deeds and writings , was read the second time , & commissa ad ingrossand . on tuesday the th of february , the bill touching pewterers , was read the first time . dominus custos magni sigilli continuavit praesens parliamentum usque in diem jovis prox . hora nona . on thursday the th day of february , the bill against forging of false deeds and writings , was read tertia vice , & conclusa , and sent down to the house of commons by the queens attorney and sollicitor . on monday the th day of february ( to which day the parliament had been on thursday last continued ) the bill touching fines to be levyed in the county palatine of durham , the bill against carrying over sea of sheep skins and pelts , not being staple ware , and the bill to revive certain statutes repealed for servants robbing their masters , the punishment of the vice of buggery , against fond and phantastical prophecies , and for the punishment of invocation of evil spirits , inchantments , witchcrafts and sorceries , were brought from the house of commons , and each of them read prima vice . two bills also had each of them their first and second reading , of which the latter , being the bill for the restitution in blood of thomas brooke , william cromer , and cutbert vaughan , and others , commissa fuit domino primario justiciario com. placitor . on tuesday the th day of february , the bill for restitution in blood of anne thomas ; the bill for restitution in blood of the heirs of thomas isely ; and the bill for restitution in blood of thomas diggs , were each of them read primâ , secundâ & tertiâ vice , & conclus . and were , with two others , sent down to the house of commons , by serjeant carus and the queens attorney . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum hora nona . on wednesday the th day of february , the lords spiritual and temporal assembled , but nothing was done , save only the parliament continued by the lord keeper in usual form , usque in diem crastinum hora nona . on thursday the th day of february , the bill touching fines to be levied within the county palatine of durham , and the bill against carrying of sheep skins and pelts over the seas , not being staple wares , were each of them read tertia vice & conclusae . on saturday the th day of february ( to which day the parliament had been on thursday last continued ) three bills were brought up to the lords from the house of commons , of which the first being the bill of one subsidy and two fifteens and tenths , granted by the temporalty , was read the first time . the bill for assurance of certain lands to sir francis jobson , was read the first time , whereupon the lords took order that the learned counsel , as well of the said francis , as of the bishop of durham , whom it concerned , should on saturday then next following be heard , what could on either side be said in furtherance or disallowance of the same . the bill also for the assurance of the queens majesties royal power , over all states and subjects within her dominions , was brought up to the lords from the house of commons . on monday the th day of february , two bills had each of them one reading ; of which the first being the bill of one subsidy and two fifteens and tenths , granted by the temporalty , was secunda vice lect . but no mention is made , that it was either ordered to be ingrossed , or referr'd to committees , because it had been formerly sent up to the lords from the house of commons . on tuesday the th day of february , the bill of one subsidy and two fifteens and tenths , granted by the temporalty , was read tertiâ vice & communi omnium procerum assensu conclus . and sent to the house of commons by serjeant carus , and doctor huicke . nota , that this bill of subsidy , after it had passed the upper house , was not by them altered or amended in any thing , but only sent back again unto the house of commons , to whom it did most properly belong , and is on the last day of the parliament , or session of parliament , to be brought up by the speaker of the said house , as it was at this time on saturday the th day of april ensuing , and presented unto her majesty by thomas williams esq prolocutor of the said house , at this present session , before she gave her royal assent to such acts as passed . on thursday the th day of february , the bill for the assurance of the queens majesties royal power over all states and subjects within her dominions , was read the first time . on saturday the th day of february , the bill for restitution in blood of the children of thomas cranmer , late archbishop of canterbury , and the bill declaring the authority of the lord keeper of the great seal of england , and the lord chancellor , to be one , were each of them read prima vice . eight bills were brought up to the lords from the house of commons , of which the first , being the bill of one subsidy and two fifteens and tenths , granted by the temporalty , and the second against carrying over sheep skins and pelts over the seas , not being staple ware , were each of them returned conclus . this day , according to the order formerly taken , sir francis jobson , with his counsel , came before the lords , and by them declared ..... and no more is set down in the original journal-book of the upper house ; and by the negligence of the clerk the matter is so left abruptly ; but it doth plainly appear , that it was touching the assurance of certain lands , which concerned the bishop of durham , ut videas , on saturday the th of this instant february foregoing . on monday the first day of march , two bills of no great moment , had each of them one reading ; of which the second being the bill for the restitution in blood of the sons and daughters of the late lord hussey , was read prima vice . a proviso to be annex'd to the bill for the assurance of the queens majesties royal power over all estates and subjects , within her dominions , was read primâ & secunda vice , & commissa ad ingrossand . on tuesday the d day of march , ten bills of no great moment , had each of them one reading ; of which the first , being the bill for the confirmation of a subsidy , granted by the province of canterbury , and the second against such as sell wares for apparel without ready money , to persons under two hundred pound lands or fees , were each of them read prima vice . the bill also for restitution in blood of the children of thomas cranmer late archbishop of canterbury , was read secunda & tertia vice & conclus . ; and was ( with the bill for the children of the lord hussey , which had likewise this day passed the house upon the third reading ) sent to the house of commons by sir richard read and serjeant carus . on wednesday the d day of march , three bills had each of them one reading , of which the last , being the bill for the assurance of the queens majesties royal power , over all states and subjects , within her dominions , was read tertia vice , with certain provisions thereunto annexed by the lords , which were thrice severally ; read , & conclus . a proviso annexed by the house of commons to the bill against forging of false deeds , was read prima , secunda & tertia vice , & commissa domino rich , domino willoughby , primario justiciario banci regii , & justiciario browne ; quod nota , because no bill or proviso is usually committed after the third reading . on thursday the th day of march , the bill for the restitution in blood of sir ralph chamberlain knight , and john haleston esq ; the bill against such as sell wares for apparel without ready money , to persons under two hundred pound lands or fees ; the bill for the punishments of vagabonds , calling themselves egyptians , and the bill for uniting of churches within the city of winchester , were each of them read secunda vice : but no mention is made , that they were either ordered to be ingrossed , or referred to committees , because they had been formerly sent from the lords . the bill also for restitution in blood of william west , and the bill for the town of southampton , were each of them read the first time , and thereupon committed to justice southcote , serjeant carus and the queens attorney . nota , that these two bills last mentioned were not only committed after the first reading ( which is not usual till the second ) but also committed to meer assistants , which are not members of the house , and therefore in both respects the president is more rare and remarkable ; vide consimile , on tuesday the th day of jan. foregoing . on saturday the th day of march , the bill for the subsidy of the clergy , and the bill for the restitution in blood of edward turner , were each of them read tertiâ vice , & conclus . & commis . servienti carus , & ricardo read in domum communem deferend . three bills were brought up to the lords from the house of commons ; of which the first was the bill for avoiding of divers foreign wares , made by handy-crafts-men beyond the seas ; and the second touching badgers of corn and drovers of cattle to be licensed . three bills lastly of no great moment , had each of them one reading ; of which the first being the bill for the further punishment of vagabonds , calling themselves egyptians , was read tertia vice , & conclusa , dissentiente comite arundel . on monday the th day of march , six bills of no great moment , had each of them one reading ; of which the third , being the bill against such as shall sell any wares for apparel without ready money , &c. the bill declaring the authority of the lord keeper of the great seal of england , and the lord chancellor to be all one , and the bill touching the true fulling and thicking of caps , were each of them read the third time , and concluded : et unà cum aliâ billa , for the making denizens of certain children born beyond the seas , commissae sunt attorn . dom. reginae , & doctori huick in dom. communem deferend . three bills were brought up to the lords from the house of commons , of which the first , being the bill against such as shall sell any wares for apparel without ready money , to persons under three thousand pound lands or fees , was returned conclus . and the last was the bill that the hospital church of st. katherine , near the tower of london , shall be a parish church , and for the erecting of a school . two bills lastly of no great moment , had each of them one reading ; of which the second being the bill against inchantments , sorceries and witchcraft , was read the first time . on tuesday the th day of march , nine bills had each of them one reading , of which the first being the bill for the restitution in blood of sir petercarew knight , and the second against inchantments , sorceries , witchcrafts , &c. were each of them read the second time , but no mention is made that they were either ordered to be engrossed , or referr'd to committees , because they had been formerly sent to the lords from the house of commons . the sixth being the bill for the uniting and annexing of churches , was read primâ vice , & commissa justiciario southcot , ut in duos libros redigatur . on wednesday the th day of march , the bill for the restitution in blood of william west , and the bill for restitution in blood of sir william carew knight , were each of them read tertiâ vice , & conclus . eight other bills had each of them one reading , of which the three last , the one for badgers of corn , and drovers of cattle to be licensed , another touching the lord viscount bindon , and the third for the relief of the poor ; were each of them read secunda vice . on thursday the th day of march , the bill for avoiding of divers foreign wares , made by handy-crafts-men beyond the seas ; the bill against fond and phantastical prophecies ; and the bill for the punishment of the vice of buggery , were each of them read tertia vice , & conclusae , & commissae sunt attornato dominae reginae , & doctori yale in domum communem deferend . six other bills also of no great moment , had each of them one reading ; of which the second being the bill against forgers of false deeds and writings ; and the third being the bill for badgers of corn and drovers of cattle , to be licensed , were each of them read tertia vice , & conclus . four bills were brought up to the lords from the house of commons , of which the first , being the bill for the confirmation of the subsidy granted by the clergy , and the second , declaring the authority of the lord keeper of the great seal , and the lord chancellor , to be one , were each of them returned conclus . on saturday the th day of march , the bill touching the town of southampton , was read secunda vice , & commissa ad ingrossand . the bill touching the boyers of westminster , was read prima & secunda vice , & commissa ad ingrossandum . the bill also for confirmation of divers liberties , granted by letters patents to the city of exeter , was read tertiâ vice ; and a proviso added thereunto by the lords , being read prima , secunda & tertia vice ; the bill was concluded , commun . omnium procerum assensu . on monday the th day of march , seven bills had each of them one reading , of which the second being the bill that the hospital of st. katherines near the tower of london , shall be a parish church , and for the erecting of a school , was read primâ vice , and committed to the bishop of london : quod nota ; for bills are not usually committed until the second reading , vide tamen consimile on tuesday the th day of january foregoing . the fourth also being the bill for the enrolment of bargains and sales , in the queens majesties courts of record , in lancaster , chester and durham , was read tertiâ vice , & commissa servienti carus , & attornato dominae reginae , unà cum bill . civitat . exon. in domum communem deferend . five bills were brought up to the lords from the house of commons , of which the first , being the bill for the restitution in blood of sir ralph chamberlaine knight , and john harleston esq , and the bill for restitution in blood of anne thomas , daughter and heir of william thomas esq were each of them returned conclus . on tuesday . day of march , the bill for the relief of the poor ; the bill for uniting of churches in cities and towns corporate ; the bill for the boyers of london , westminster , and southwark ; and the bill for the confirmation of a grant made by letters patents to the town of southampton , touching the bringing of malmesies , and sweet wines by merchant strangers , were each of them read tertiâ vice & conclusae . the bill for the assurance of the queens majesties power over all states and subjects within her dominions , which had been before here passed , and concluded in the upper house , and sent down by them to the house of commons , and from the commons sent back again to the lords , with certain provisoes and amendments added thereunto ; the said bill needed no new reading ; but the said provisoes and amendments , which had been added , since it had passed the upper house , were now read primâ , secundâ & tertiâ vice , all at once and so passed . the bills for southampton , and the boyers of westminster , were sent down to the house of commons , by m r sollicitor , and d r yale ; and from thence were returned two other bills which had passed the upper house ; the one for sundry politick constitutions for the encrease of the navy , and the other for the restitution in blood of william west . on wednesday the th day of march , the bill for assignment for the queens houshold , was read tertiâ vice ; and with the bill for uniting of churches in towns corporate , and for relief of the poor , was sent from the lords to the house of commons . the bill for allowance to be made to the sheriffs , being called for , the lord keeper of the great seal declared to the lords , that the queen would her self take order therein , which her pleasure and determination she willed him to signifie unto them on her behalf . on thursday the . day of march , six bills of no great moment , had each of them one reading ; of which the fourth , being the bill against filing , washing , and clipping of coins , was read the second time , and committed to be ingrossed . the bill concerning viscount bindon , and the bill for tillage , were ordered this day to be ingrossed . on saturday the . day of march , the bill touching peculiar jurisdictions , was upon the second reading committed to the earl of shrewsbury , the earl of huntington , the earl of bedford , the bishop of london , the bishop of bangor , the bishop of lincoln , the lord wentworth , the lord rich , the lord willoughby , and the two chief justices . nota , that here the judges , who are but assistants unto the upper house , are made joint committees with the lords ; vide a like president on tuesday the . of january foregoing . four other bills had each of them their third reading , and passed , and were sent to the house of commons by m r serjeant carus , and the queens sollicitor ; of which one was for the preservation of the woods in sussex , and another for the punishment of clipping , filing , rounding or washing of the coin of this realm , or any other coin currant within this realm . seven bills were brought up to the lords from the house of commons ; of which the first was against fond and phantastick prophecies ; the second against conjurations , enchantments and witchcrafts ; and the third for the punishment of the vice of buggery . on monday the . day of march , five bills had each of them one reading ; of which the first being the bill for the punishment of such persons as shall procure and commit wilful perjury ; and the bill touching fines and recoveries , with voucher , where the original writ is imbezilled , or lacking , were each of them read the first time , and committed to the queens learned counsel . on tuesday the . day of march , three bills of no great moment , had each of them one reading ; of which the first , being the bill for the punishment of unlawful taking of fish , deer , and hawks , was read the second time . on wednesday the . day of march , the bill for the maintenance of the navy , with certain provisoes added thereunto by the lords , was read tertiâ vice , & conclusa , and committed to serjeant carus , and the queens attorney , to be carried to the house of commons . the bill also against unlawful contracts and bargains upon usury , was read tertiâ vice , and rejected . on thursday the . day of march , four bills had each of them one reading ; of which the first , being the bill for punishment of such persons as shall commit wilful perjury , was read the second time . a proviso to be annex'd to the bill for stealing of hawks , deer , or conies , was read prima , & secunda vice , & commissa ad ingrossandum . on friday the . day of march , the bill for reviving of a statute made an. h. . touching the making of goals , was read secunda vice , & commissa ad ingrossand . on saturday the . day of march , six bills of no great moment , had each of them one reading ; of which the second , being the bill for the punishment of unlawful taking of fish , deer or hawks , was read tertiâ vice , & communi omnium procerum assensu conclus . on monday the . day of march , four bills had each of them one reading ; of which the first , being the bill for the punishment of such persons as shall procure or commit any wilful perjury ; and the second for the due execution of the writ , de excommunicato capiendo ; were each of them read the third time , & communi omnium procerum assensu conclus . and committed to the queens attorney and sollicitor , to be carried to the house of commons . the bill for plumsted-marsh was committed to the lord chief justice ; quod nota . on tuesday the . of march , eight bills were brought up to the lords from the house of commons ; whereof six having been formerly ent down from the lords , were now returned expedited . the seventh and eighth , being for the translating of the bible , and other divine service , into the welch tongue ; and that chancellors , commissaries , and officials in ecclesiastical courts , shall be graduates of one university , were each of them prima vice . two bills were brought from the house of commons ; of which the second , being the bill touching an annuity granted to the finding of a school in guildford , was primâ vice lect . the bill lastly to fill up juries , de circumstantibus , lacking in wales , was tertiâ vice lect . & conclusa . on wednesday the . day of march , four bills had each of them one reading ; of which the first being the bill that chancellors , commissaries and officials in ecclesiastical courts , shall be graduates of one university , and the second for translating the bible , and other divine service , into the welch tongue , were each of them read the second time ; but no mention is made , that they were either ordered to be ingrossed , or referr'd to committees , because they had been sent from the house of commons on the day foregoing . on thursday the first day of april , the lords spiritual and temporal assembled in the house ; but nothing was done , save only the parliament continued by the lord keeper in form following . dominus custos magni sigilli continuavit praesens parliamentum usque in diem sabbati prox . hora nona . on saturday the d day of april , three bills were brought from the house of commons ; of which the first was the bill for relief of the poor , with divers amendments added by the house of commons ; and two provisoes ; and the second for confirmation of letters patents granted to the town of southampton , touching the bringing in of wines by merchant strangers , with a proviso added by the commons . the bill touching the annuity granted for the finding of a school at guildford , was read tertiâ vice & conclus . hodiè introduct . est à domo communi billa , touching an assignment of the queens majesties houshold ; with certain provisoes thereunto added by the commons , quae primâ , secunda & tertia vice lect . & conclus . sunt . the bill lastly for the annexing of the county of dorset to the jurisdiction of the bishoprick of salisbury , was read prima vice . on monday the . day of april , the bill for the translating of the bible , and other divine service into the welch tongue , was read the third time ; and a proviso added thereunto by the lords , was also thrice read , & conclus . & commissa servienti carus in domum communem deferend . the bill for the relief of the poor was read tertiâ vice & conclus . on tuesday the . day of april , five bills were brought up to the lords from the house of commons ; of which the first being the bill for the translating of the bible into the welch tongue , with three others , was returned , & conclus . and the fifth , being the bill touching curriers , shoo-makers , and other artificers , occupying the working of leather , was read prima vice . the proviso added by the lords to the bill for the town of southampton , was read primâ , secundâ & tertiâ vice & conclus . & commissa attornato & sollicitatori dominae regin . in domum communem deferend . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam à meridie . on the aforesaid tuesday in the afternoon , the bill touching tanners , curriers , shoomakers , and other artificers , occupying the working of leather , was read secundâ vice ; et nota , that the same bill was read the day following , tertiâ vice & conclus . on wednesday the . day of april , seven bills were brought up to the lords from the house of commons ; of which the one was for orders for bankrupts , their goods and chattels , lands and tenements , and another for retailers of worsted wools in norwich , and the county of norfolk , with a proviso added by the commons . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam à meridie . on the aforesaid wednesday in the afternoon , the bill touching orders for bankrupts , their goods and chattels , lands and tenements , was read primâ vice . on thursday the . day of april , three bills were brought up to the lords from the house of commons ; of which the first being the bill to take away the misdemeanors of purveyors and takers , was read primâ vice . the bill for divers orders for artificers , labourers , servants of husbandry , and apprentices , was read tertiâ vice , & conclus . and sent down to the house of commons , by serjeant carus and d r yale . two bills were sent up to the lords from the house of commons ; the one that sanctuary shall not be allowed to defraud any due debt , and the other was for the paving of kentish town near southwark . the proviso annex'd by the commons , to the bill for retailers of worsted-woolls in norwich , and the county of norfolk , was read tertiâ vice , & communi omnium procerum assensu conclus . the proviso annex'd by the commons to the bill for the maintenance of tillage ; and also one other proviso annex'd to the same bill , by the lords , were each of them read primâ , secundâ & tertiâ vice . on friday the . day of april , the bill for tillage was given to m r attorney , and m r martin , to be carried to the house of commons . the bill touching orders of bankrupts , their goods and chattels , lands and tenements , was read secundâ vice . three bills were brought up to the lords , from the house of commons conclus . ; of which one was touching divers orders for artificers , labourers , servants of husbandry and apprentices ; and the second for the maintenance of tillage ; and the third for the due execution of the writ de excommunicato capiendo , with a proviso annex'd by the commons , and divers amendments ; quae primâ & secundâ vice lect . sunt ; eadem provis . tertiâ vice lect a est & conclus . the bill to take away the misdemeanors of purveyors , and takers , was read the second time , and committed to justice southcot : quod nota . the bill for the destruction of rooks , coughs and other vermine , was brought up to the lords , from the house of commons ; which said bill was on the day following in the afternoon read primâ vice . on saturday the th day of april , the bill for the reviving of a statute made anno xxiii o hen. . touching the making of goals , with a proviso thereunto annex'd by the commons ; which said proviso was read primâ , secundâ & tertiâ vice , & conclus . the bill for the queens majesties most free and general pardon , was read primâ vice , & communi omnium procerum assensu conclusa . nota , that this bill for the general pardon , was concluded after the first reading ; whereas to all other bills three readings are required , before they can be passed . the bill also for reformation of divers misdemeanors in purveyors , was read tertiâ vice , with certain amendments , & conclusa . and then following the ordinary form , the parliament was continued in manner and order accustomed ; viz. dominus custos magni sigilli continuavit praesens parliamentum usque in horam primam à mcridie . in the afternoon , the bill for destruction of rooks and coughs , and other vermin ; and the bill touching buying and selling of course woolls , to make cottons , &c. were each of them read tertiâ vice & conclus . two bills were returned from the house of commons conclus . one to take away the misdemeanors of purveyors , and takers , and the other touching orders for bankrupts , their goods and chattels , lands and tenements . nota , that in the original journal-book of the upper house , next after the setting down or entring of the two bills aforesaid to have been returned up to the lords , from the house of commons , there followeth immediately the entrance of the prorogation of this session of parliament ; which doubtless happened through the great negligence of francis spilman esq at this time clerk of the said upper house : for the queens majesty her self , with the lords both spiritual and temporal was present in her robes , and gave her royal assent to such acts as passed ; although no presence of any of the lords or her majesty , be at all marked in the said original journal-book . and therefore i have caused the solemn and stately manner of the queens coming to the upper house ; with the several interlocutory speeches of the speaker of the house of commons , and the lord keeper , to be inserted at large out of a written copy , or anonymous memorial thereof , i had by me , being doubtless the very original draught , set down by some member of one of the two houses , or at least by some other observant person , then present , while the said speeches passed in the upper house ; for it is written in a hand and language of that very time , and in many places amended and interlined . about three of the clock ( this present saturday in the afternoon ) the queens majesty came by water from whitehall , and landed on the backside of the parliament chamber ; and so the earl of northumberland , bearing the sword afore her , the dutchess of norfolk the train , she proceeded up into her privy-chamber , and there apparell'd her self in her parliament robes ; during which time the lords likewise put on their robes , and took their places . on the upper sack sate the lord keeper , till the queen came , and then he went to his place , at the rail , on the right hand to the cloth of estate : on the wooll-sack on the north-side , sate sir robert catlin , and sir james dyer , the two chief justices , sir john mason , and serjeant carus , m r ruswell the queens sollicitor , and doctor yale . on the sack on the south-side , sate sir william cecill secretary . sir william cordall master of the rolls , justice weston , serjeant southcott , m r gerrard the queens attorney , and doctor lewes . on the nether sack sate m r spilman , clerk of the parliament , m r powle deputy and joint patentee with m r martin , clerk of the crown , m r heming and some clerks of the signet , dister and permiter , before which nether sack stood a little table . then the queens majesty , being apparell'd in her parliament robes , with a caul on her head , came forth , and proceeded up , and took the seat ; the duke of norfolk , as earl marshal , with his gilt rod , before her , with the marquess of northampton bearing the cap of maintenance , and stood on her right hand , and the earl of northumberland the sword , on her left hand ; the queens mantle born over her arms by the lord admiral , and lord of hunsdon ; her train born by the dutchess of norfolk , assisted by the lord chamberlain , and m r astley master of the jewel-house ; and so her majesty being placed , the duke of norfolk , the lord admiral , and the lord hunsdon , took their places , and from time to time , as her majesty stood up , her mantle over her arms , was assisted up with the lord robert dudley , master of the horse , and sir francis knowles vice-chamberlain . then all being placed , m r williams the speaker was brought in between sir edward rogers comptroller , and sir ambrose cave chancellor of the dutchy ; and after one obeysance made proceeded down to the wall , and from thence came up to the rail , in the way making three obeysances ; and after he was up at the rail , he made three obeysances , and then began his oration , as followeth . this it is , most excellent and vertuous princess , &c. as nature giveth to every reasonable creature to speak , so it is a grace to be well learned ; and i presenting the mouth of such a body , as cannot speak for it self ; and in the presence of your majesties person and nobles , must most humbly desire and crave of your highness , to bear with my imperfections . this common-wealth hath been by gods providence first instituted , and since by mans policy continued , wherein justice and good counsel is most to be preferred ; for antient law-makers , and authors of good laws , be worthy to be praised , and had in perpetual remembrance ; and such are the laws that we have made in this common-wealth , as ( in mine opinion ) do excel and pass all other humane laws . amongst divers authors of good laws , we have set forth unto us , to the end they should not be forgotten , three queens ; the first palestina the queen , reigning before the deluge , who made laws as well concerning peace as war. the second was ceres the queen , which made laws concerning evil doers ; and the third was marc. wife of bathilacus , mother to stillicus the king , who enacted laws for the maintenance and preservation of the good and well-doers . and since that time , etheldred a king in this realm , established laws , and set in most beaten , high , and cross ways , a cross , and therein a hand , with a ring of gold , pointing to the most usual way , which also stood untaken away or diminished during his life . and so you are the fourth queen , establisher of good laws , our most dread soveraign lady , for your time as happy as any of the three , which happiness for the present i let slip , and desire , as all our hearts do , that some happy marriage to your contentation might shortly be brought to pass ; your majesty findings this realm out of order , and full of abuses , have continually had a special care to reform the said abuses ; and for the more expelling thereof , have congregated together this assembly , whereby partly to your contentation , for reformation of the same , to its old pristine estate , and for money and peace , is all that chiefly we have done ; for which purposes we have agreed upon and made certain laws , which until your majesty have granted your royal assent , and so given life thereunto , cannot be called laws . and herein requiring of your majesty three petitions , two for the commons , and one for my self ; the first for such laws as they have made , being as yet without life , and so no laws , that it would please your majesty to grant your royal assent unto them ; secondly , that your highness would accept their doings in good part , that the imperfections of their labours , by your acceptance may be supplied ; for , as appeareth in sundry histories , the persons of those princes and subjects have long continued , which have well used themselves one toward th' other ; which without neglecting of my duty , i cannot in your presence so let slip ; for , as it appeareth in divers histories , the noble alexander having presented unto him by one of his poor souldiers the head of one of his enemies , he , not forgetting the service of his souldier , although herein he had done but his duty , gave unto him a cup of gold , which first the souldier refused ; but after that alexander had commanded it to be filled with wine , and delivered him , he received it , whereby appeareth the noble and liberal heart of the said alexander . also xenophon writing of the life of cyrus , who being liberal of gifts , having vanquished craesus , and he marvelled at his liberality , said , it were better to keep it by him , than so liberally to depart from it ; unto whom cyrus answered , that his treasure was innumerable ; and appointed craesus a day , to see the same ; and thereupon took order , that his subjects should before that time bring in their treasure ; which being innumerable , and more than cyrus by any other means could have given , craesus much wondred thereat ; cyrus said , thou causest me to take of my subjects , and retain the same ; but what need i to take , when they so frankly will bring it unto me ? and so as occasion serveth , ready continually to supply my want ? therefore how can i be but rich , having such subjects ? but if they by my means or any other were poor , then were i poor also . which two worthy examples of alexander and cyrus , your majesty hath not forgotten to ensue ; but with the like zeal have hitherto always used us , and now especially at this present , by your most gracious and free pardon ; for the which , and all other , they by me their mouth , do most humbly thank you ; knowledging such , and so much love and zeal of their parts towards your majesty , as ever any subjects did bear towards their prince and governour . and in token thereof , with one assent do offer to your highness , one subsidy and two fifteens , most humbly beseeching your majesty to accept it , not in recompence of your benefits , but as a token of their duty , as the poor widdows farthing was accepted , as appeareth in the scripture . thirdly , that it may also like your majesty , to accept my humble thanks in allowing , and admitting me , being unworthy of this place , and bearing with my unworthy service ; and last of all , my unfitting words , uplandish and rude speech ; beseeching god to incline your majesties heart to marriage , and that he will so bless , and send such good success thereunto , that we may see the fruits and children , that may come thereof , so that you , and they , may prosperously , and as long time reign over us , as ever did any kings or princes , which god for his mercies sake grant unto us . and so he ended , making his obeysance . then the queen called the lord keeper unto her , commanding him , in her name , to answer him , as she then declared unto him ; which followeth . m r speaker , the queens majesty hath heard how humbly and discreetly you have declared the proceedings , and for answer hath commanded me , that i should utter three or four things , the first for her royal assent to the acts made at this parliament ; secondly , how comfortably , and also thankfully , her majesty accepteth your liberality ; and thirdly , for the executing of the laws . here my lords and masters , although i cannot declare , or open it unto you , as her majesty hath commanded me ; and therefore willingly would hold my tongue , if i might , which , for that i cannot be so excused , say unto you as followeth ; not doubting of her highness clemency in bearing with me herein . first , her majesty considereth how wisely you have done , for the abolishing of the romish power , the common enemy of this realm ; remembring your care for the defence of the same realm , your respects for the maintenance of victual , the banishment of vagabonds , and relief of the poor , with other : and therefore alloweth your worthy proceedings herein . secondly , your liberality and benevolence , wherein your wise considerations towards her charges , is by her majesty taken in thankful part ; and i take it to be my duty , to put you in remembrance , that although this subsidy is made , and to be born by subjects , not daily accustomed thereunto ; but that at her first entrance she had the like ; and that the grant thereof is more liberal than afore hath been accustomed , and that it is of your necessity , yet it is to withstand a greater necessity , that for fault thereof would else have ensued ; and therefore that penny is well spent that saveth a groat ; which also hath been granted , neither with perswasions , threats , nor sharp words , which afore this time hath been accustomed , but by one general consent of you all ; wherein appeareth your good wills , and benevolent minds , you bear to her majesty , which zeal she most accepteth ; and as she hath cause , thanketh you . again , by her majesties commandment , she remembring by whom , why , and to whom this was granted , doth think as freely as you have granted the most part whereof hath been accepted , and lest those that have so freely offered should not be so ready towards the gathering , thinketh it much better to lose the sum granted , than to lose your benevolent minds . thirdly , to the execution of laws , i have little to say , although the whole substance consisteth therein ; because i did in the beginning of this parliament declare my opinion in that matter ; and therefore , as now you have to your charges taken pains in making good laws , so put to your helps , to see these and all other executed ; for as it is infallible , that a thing done unconstrained , is much better than when they be constrained thereunto , even so her majesty willeth you to look well , without more words , to the execution , lest her grace should be driven to do , as she doth in her ecclesiastical laws , make commissions to inquire , whether they be done or no ; whereby she shall know those justices and officers , who have done their duty , and are to be used in service of justice , whereof her majesty desireth to have many ; and again she shall understand who are to be barred from the like rooms , and the penal statutes to be on them executed , after this gentle warning : which inquiry i know is like to fall on me , as well as another . howbeit , if justice be not executed , i shall be glad to see this order taken . notwithstanding , her majesty hopeth that this her admonition shall not need , for that you see laws without execution , be as a torch unlighted , or body without a soul : therefore look well to the executing . here endeth the three things , which her majesty commanded me to say unto you . besides this , her majesty hath to answer your petitions , and as to the first , in which you desire her royal assent to such matters as you have agreed upon ; to that she saith , how at this present she is come for that purpose . and for your other petitions , to accept in good part , as well your service as the travails and doings of the nether house , this parliament ; and to that she answereth , how that she doth not only accept them in good part , but also thanketh both you , and them for the same . and touching your request before this made unto her , for her marriage and succession , because it is of such importance , whereby i doubted my own opening thereof , and therefore desire her majesty , that her meaning might be written , which she hath done and delivered to me , to be read as followeth . since there can be no duer debt than princes words , which i would observe , therefore i answer to the same ; thus it is . the two petitions , which you made unto me , do contain two things ; my marriage , and succession after me . for the first , if i had let slip too much time , or if my strength had been decayed , you might the better have spoke therein ; or if any think i never meant to try that life , they be deceived ; but if i may hereafter bend my mind thereunto , the rather for fulfilling your request , i shall be therewith very well content . for the second , the greatness thereof maketh me to say and pray , that i may linger here in this vale of misery for your comfort , wherein i have witness of my study and travail , for your surety ; and i cannot with nunc dimittis , end my life , without i see some foundation of your surety after my grave stone . these foregoing speeches being thus transcribed out of the very autograph , or original memorial of them , as aforesaid ; now follows the form and manner of her majesties royal assent to such acts as passed . sir nicholas bacon , lord keeper , commanded the clerk of the crown to read the acts ; whereupon m r thomas powle , as joint-patentee , and in the absence of m r martin , clerk of the crown , stood up before the little table , set before the wooll-sacks , and after obeysance made , began to read the titles of the same , as followeth . an act for the assurance of the queens majesties royal power over all states and subjects , within her dominions . then francis spilman esq clerk of the upper house , standing up , after obeysance made , read her majesties answer , in these words ; viz. la roigne le veult . and then both the clerk of the crown , and the clerk of the upper house , made obeysance together . thomas powle esq clerk of the crown , standing up , did read the title of the bill of subsidy , and then francis spilman esq clerk of the upper house , standing up likewise , did read the queens majesties answer , in manner and form following ; viz. la roigne remercye ses loyaulx subjects , accept leur benevolence , & ainsi le veult . the said clerk , having read the queens acceptance and thanks for the subsidy given as aforesaid , did then , upon the reading of the title of her majesties pardon , by the clerk of the crown as aforesaid , pronounce in these french words following , the thanks of the lords and commons for the same . les prelats , seigneurs & communes en ce present parliament assembles , au nom de touts vous autres subjects , remercient tres humblement vostre majestye , & prient à dieu que ils vous donne en santè bonne vie , & longue . the bills of subsidy and pardon being passed , then were the titles of the publick acts read by the clerk of the crown ; to every one of which allowed by the queen , the clerk of the upper house read these french words following ; viz. la roigne le veult . to every private act that passed , the said clerk of the upper house read the queens answer , in these french words following . soit fait come il est desire . these two last answers to the publick and private acts , that pass , are to be written by the said clerk at the end of every act. to such acts as her majesty did forbear to allow , the clerk of the upper-house read in these french words following , viz. la roigne s'advisera . her majesty having given her royal assent to such acts as passed , in manner and form as aforesaid , then sir nicholas bacon , lord keeper of the great seal , prorogued this session of parliament by her majesties commandment , to a further day ; which is thus entred in the original journal-book of the upper house , viz. dominus custos magni sigilli ex mandato dominae reginae prorogavit praesens parliamentum usque in secundum diem octobris proximum futurum . after which ( as is contained in the often before-mentioned anonymous autograph , or original memorial of this days passages ) the queen rose , and proceeded into her privy-chamber , and shifted , and then proceeded to her barge , and so to the court , which was about six of the clock in the afternoon . that which followeth , being the second prorogation of this foregoing session , de an . regin . eliz. is entred at large at the beginning of the original journal-book of the upper house , de an . , & reginae ejusdem ; being the second and last session of this present parliament ; yet because it fell out within this fifth year , and may indifferently be referred to the upper house journal of either session , i thought good in the transcribing of it to cause it to be annexed , and added to this present journal in manner and form following . memorandum , quod secundo die octobris , anno regni elizabethae , dei gratiâ , &c. quinto , in quent diem o die aprilis ultimo elapso prorogatum fuit hoc praesens parliamentum , ex mandato dictae dominae reginae , convenerunt domini tam spirituales quam temporales , quorum nomina subsequuntur , viz. marchio wintoniae thesaurarius angliae , episcopus london , episcopus wintoniae , dominus north , dominus mordaunt . qui cùm convenissent , adstantibus tunc etiam populi burgensiumque ut vocant satis magnâ frequentiâ , dictus dominus thesaurarius paucis verbis declaravit conventum procerum & populi , quem parliamentum vocant , in hunc diem destinatum , à dict a domina regina , certis quibusdam de causis & considerationibus illam ad id specialiter moventibus , maximè propter infectionem aeris pestiferi per civitates london , & westmonaster . ac suburbia earundem , ad praesens grassantem , differri in quintum diem octobris qui erit in anno domini millesimo quingentesimo sexagesimo quarto ; atque ut tam proceribus quàm populo palam fieret regiam majestatem it a constituisse , literas commissarias dictae dominae reginae , francisco spilman armigero clerico parliamenti publicè & clarâ voce legendas , in manus tradidit : earum autem tenor hic erat . elizabeth dei gratia angliae , franciae , & hiberniae regina , fidei defensor , &c. charissimo consanguineo , willielmo marchioni winton . the saurario angliae , ac reverendis in christo patribus , edmundo episcopo london , roberto episcopo winton , willielmo episcopo cicestrensi , nec non praedilectis & fidelibus suis , henrico domino morley , arthuro domino grey de wilton , edwardo domino windsor , & johanni domino mordannt , salutem . cùm nos nuper pro quibusdam arduis & urgentibus negotiis , nos , statum & defensionem regni nostri angliae , ac ecclesiae anglicanae concernentibus , praesens hoc parliamentum nostrum , apud civitatem nostram westmonasterii , duo-decimo die januarii , anno regni nostri quinto , inchoari & teneri ordinaverimus , à quo die idem parliamentum tunc & ibidem tentum & continuatum fuerat usque decimum diem aprilis , tunc prox . sequentem , codemque decimo die aprilis idem parliamentum nostrum usque ad & in instantem secundum diem octobris prorogatum fuerat , ibidemque tunc tenendum & continuandum : sciatis quod nos , certis urgentibus causis & considerationibus nos specialiter moventibus , & praecipuè propter infectionem aeris pestiferi ubique per civitates nostras london , & westminster & earundem suburbia ad praesens invalescentem , de fidelitate , prudentiâ & circumspectione vestris plurinium confidentes , de avisamento & assensu concilii nostri assignavinius vos , & duos vestrum , dantes vobis , & duobus vestrum tenore praesentium plenam potestatem , sucultatem , & authoritatem hoc instanti die sabbathi , ad praesens parliamentum nostrum , nomine nostro , ad & in quintum diem octobris qui erit in anno domini millesimo quingentesimo sexagesimo quarto , usque civitatem nostram westmonasterii praedict . prorogandum & continuandum , ibidemque tune tenend . & presequend . , & ideo vobis mandamus , quod circa praemissa diligenter intendatis , & ea in forma praedicta effectualiter explicetis . damus autem universis & singulis archiepiscopis , ducibus , marchionibus , comitibus , vice-comitibus , episcopis , baronibus , militibus , civibus & burgensibus , ac omnibus aliis quorum interest , ad dictum parliamentum nostrum conventuris , tenore praesentium firmiter in mandatis , quod vobis in praemissis faciend . agend & exequend . pareant , obediant & intendant , prout decct . in cujus rei testimonium , has literas nostras fieri fecimus patentes . teste meipsa apud castrum nostrum de windsor secundo die octobris , anno regni nostri quinto . after which second time of prorogation , in manner and form abovesaid , it was again prorogued three several times as aforesaid ; all which prorogations are at large set down in the begining of the journal of the upper house , in the session of parliament in anno regin . eliz. the journal of the house of commons . a journal of the passages of the house of commons in the session of parliament bolden at westminster , an. dom. . which began ( after one prorogation of the same ) on tuesday the th of january , and then and there continued until the prorogation thereof upon saturday the th day of april , an. d. . the journal of this present session of parliament , is not only furnished with many good ordinary passages , touching the reading , ingrossing , and passing of bills ; but also with some unusual and remarkable matter , concerning the priviledges of the house it self , and with the return of divers burgesses from certain burrough-towns , who had for some time before discontinued that their priviledge . and although that ..... seymour esq continued still clerk of the house of commons , by which means the agitations of the said house were , for the most part , very imperfectly recorded by him in the original journal-book of the same , so that the referring of a bill to committees is scarce discoverable , in respect that the name only of one of them is for the most part mentioned ; yet the manner of the burgesses taking the oath of supremacy ( which was never in use before this session of parliament , it having been enjoined by statute in the first year of her majesties reign ) together with the manner of the election and presentment of the speaker , is very methodically and orderly entered . and lastly , whereas there is mention made in the original journal-book of the house of commons aforesaid , that the speaker with the whole house did exhibit their petition to the queens majesty , on thursday . day of january , in the afternoon , touching her marriage , and the limitation of the succession of the crown , which said petition is there omitted , i have therefore caused it to be inserted at large , out of a copy thereof i had by me , which i gather by all concurring circumstances , to be the very same , which is only generally remembred in the said original journal-books , as aforesaid . the second parliament of the most noble princess elizabeth , by the grace of god queen of england , &c. begun at westminster on monday the . day of january , in the fifth year of her gracious reign ; by her highness commission directed to the lord keeper of the great seal , the lord steward , the lord treasurer , the duke of norfolk , &c. to prorogue the same parliament until the . day of the same month , viz. the morrow following ; and the knights and burgesses , being sent for to come unto the lords in the upper house , without any appearance of their names taken then by the lord steward , and lord treasurer , the lord keeper shewed in few words , that the queens majesty was somewhat sick of a stitch ; wherefore she had sent her writ for the prorogation , until the morrow , which was done accordingly . and on the morrow , being the . day of january , about ten of the clock , the queens majesty , with the lords and bishops in parliament robes , did ride from the palace to westminster-church , and there heard a sermon ; during which the earl of arundel , being lord steward , repaired unto whitehall , and there recorded the appearance of the knights and burgesses ; at which time also ( as may very well be collected by comparing this instant days passages , with those of thursday the third day of october , in the journal of the house of commons , de an . , & regin . eliz. following ) the said lord steward did doubtless , either in his own person , or by his deputies administer the oath of supremacy ( according to the statute , de an . eliz. cap. . ) to such knights , citizens and burgesses , as were at this time present , and appeared . and after , the queen coming from the church , and being set in her royal seat in the upper house , and the commons standing at the lower end of the chamber ; the lord keeper of the great seal , with great eloquence , declared this parliament to be called for religion , discipline , and aid to the state in defence of enemies with excellent dilation of those causes ; and in the end willed the commons to repair to their house , and there to chuse a discreet , grave , and wise man , to be their speaker , and to present him to the queens majesty , on friday next in the afternoon ; immediately the commons resorted to their common house , where after they were set , m r comptroller standing up , rehearsed the lord keepers oration , for the election of a speaker , and said , that in his opinion , m r thomas williams esq , one of the fellows of the inner-temple , being grave , learned and wise , was very meet to that office ; whereupon the whole house with one intire voice , cried m r williams , m r williams ; and then m r williams standing up , and reverently disabling himself , required the house to proceed to a new election ; unto whom m r secretary cecill answering that the house had gravely considered of him ; and therefore required him to take the place ; and he approaching was led and set in the chair by m r comptroller ; and it was agreed by the house to meet all there again on friday next , at one of the clock in the afternoon , to present m r speaker to the queens majesty . on friday the th of january , in the afternoon , m r speaker , with the rest of the house of commons , went before the queen in her royal seat , where m r speaker most humbly disabled himself , requiring that a new election might be made , to the which the queens majesty , confirming the same election , by the mouth of the lord keeper , m r speaker made an excellent oration , and in the end made the accustomed petitions ; which being granted , the lord keeper willed him with the rest , to resort to the house of commons , there to deliberate upon matters necessary ; which being done , the bill for increase of woods in champain grounds , and saving of bark of timber to be felled , was read the first time . on saturday the . day of january , two bills of no great moment , had each of them one reading ; of which one was touching servants to serve their masters ; and the other to put down an iron-mill near guilford , and were each of them read the first time . a motion was this day made by a burgess at length , for the succession of the crown ; of which see more , on thursday the th day of this instant january ensuing . january the th day sunday . on monday the th day of january , five bills of no great moment , had each of them one and the first reading ; of which the second was the bill for the assurance of the mannors of whiteacre , and whiteacre burgh , to richard bertie and katherine duchess of suffolk his wife , from walter herenden , being a feoffee in trust. certain arguments were this day had in the house , by divers wise personages , for motion to be made for the queens marriage , and succession of the crown . on tuesday the th day of january , the bill for allowance to sheriffs upon their accompts , for justices diets , was read the first time . m r speaker with the counsel , and twenty four more of the house , were appointed to meet this afternoon , to draw articles of petition for the queens marriage , and succession . vide concerning this business , on thursday the . day of this instant january following ; m r comptroller is nominated one of them . for that it seemed to the house , being very full , that they were a greater number than were returned ; therefore the names were immediately called , and as they were called , they departed out of the house , and in the end ten or eleven remained , who said they were returned , and would bring warrants thereof . on wednesday the . day of january , two bills of no great moment , had each of them one reading ; of which the second , being the bill for allowance to sheriffs , upon their accompts for justices diets , was read the second time ; and as it should seem committed to m r sackvill , and others ; see a like president on the day following . a motion was made by a burgess for a subsidy . the queens serjeant and attorney brought a bill from the lords , touching the garrison of barwick . an excellent declaration was this day made by m r secretary cecill , of the great charges defrayed by the queens majesty , and of the causes of the wars in france , for not keeping the edict there made by the parliament , and also touching the charges at barwicke , and new-haven , the provision of armour , and the navy , the cavillation of the french for callice , concluding to consider for the aid . the bill lastly , for the government of the garrison , and souldiers of barwick , was read the first time . on thursday the . day of january . for that it is said , that m r elrington hath interest in the iron-mill in the town of shere in surrey , whereas the bill is to put down the same : it was resolved , that m r speaker should direct his letter to him , in the name of the house , to come and shew , if he will , for saving his estate therein ; vide touching this business , on saturday the . day of this instant january ensuing . the bill against breaking of ponds , and stealing of fish and conies , was read the first time . a like letter was sent also to the heir of walter herenden , for the lands claimed by m r barty , and the duchess of suffolk . the bill to revive divers acts to be felony . m r sidney . by which manner of entring the title of the said bill , it may plainly be collected , that the bill it self , had at this time its second reading , and was thereupon committed to m r sidney aforesaid ( to whom it seemeth the bill was delivered ) and others , whose names are omitted . the queens serjeant and others brought a bill from the lords , touching the repeal of a branch for conveying of horses ; which bill was presently read the first time . on friday the th day of january , m r elrington , owner of the iron-mill in shere ; for the suppressing of which , a bill was put into this house ; desired a copy of the bill , and a day to answer with his learned counsel two in number ; and to bring his answer on friday next . three bills of no great moment , had each of them one reading ; of which the second being the bill against carrying of horses out of the realm , was secundâ vice lect . ; but no mention is made , that it was either ordered to be ingrossed , or referred to committees , because it had been formerly sent down from the lords . and the last , being the bill for the government of the garrison and souldiers of barwick , was read the second time , and ( as it should seem ) was committed to m r fitz-chamberlain ( mistaken for m r vice-chamberlain and others ; ) vide a like president on thursday the th day of this instant january foregoing . for that burgesses be returned of divers boroughs , not lately returned in the chancery ; viz. the burgess of tregony , s t jermynes , and maws in cornwall , the borough of minked in somersetshire , the borough of tamworth in stafford , and the borough of stankbridge in southampton , m r speaker declared to the house , that the lord steward agreed they should resort into the house , and with convenient speed to shew letters patents , why they be returned into this parliament . nota , that it was very common and ordinary in former times to avoid the charges of their burgesses allowance , in time of parliament ( when the town grew into any poverty or decay ) that the boroughs did either get licence of the sovereign for the time being , to be discharged from such election and attendance , or did by degrees discontinue it themselves ; but of later times , the knights , citizens and burgesses of the house of commons , for the most part bearing their own charges , many of those borough-towns , who had discontinued their former priviledge , by not sending , did again recontinue it ( as these towns here ) both during her majesties reign , and afterwards in the reign of king james her successor . on saturday the th day of january , three bills had each of them one reading ; of which the third being the bill for levying of fines in the county palatine of durham , was read the second time , and ordered to be engrossed . the bill to repeal the branch for carrying of horses out of the realm , was read the third time and passed upon the question . three other bills had each of them one reading , of which the last being the bill to avoid aliens , not being denizens , nor being here for religion nor conscience sake , was upon the second reading rejected , and the bill torn . on monday the th day of january , two bills of no great moment , had each of them one reading ; of which the first being the bill for oak-timber , preservation of bark , was read the second time , and thereupon rejected and torn . certain articles in writing , were objected by the burgesses of barwick , against the bill of barwick , which was sent down by the lords . for that lewes mountgomery esq , is returned burgess for northampton , and also for dorchester , and doth appear for northampton , a new writ de burgens . eligendo , was required for dorchester . the queens council with twenty four of the shires , and fix of wales were appointed , on wednesday next to meet in the star-chamber , for order to be taken , concerning the subsidy . on tuesday the th day of january , two bills had each of them one reading ; of which the second being the bill that apothecaries , and their stuff , shall be under the search of the colledge of physicians , was read the first time . a petition devised by the committees ( who were appointed on tuesday the th day of this instant january foregoing , although their names be wholly omitted , through the clerks negligence ) to be made to the queens majesty by m r speaker , for limitation of succession , was read by m r norton , one of the committees . and thereupon the queens privy-council were required to move her majesty , that m r speaker with the whole house , may exhibit to her highness that petition , and to certifie her highness pleasure . vide touching this business on thursday the th day of this instant january ensuing in pomeridiano . the bill touching carrying of horses out of the realm , was sent up to the lords , by m r comptroller , with a request to the lords , to further the petition of this house to the queens majesty , touching marriage and succession ; which was well allowed of by the lords . vide on thursday the th day of this instant january following . for that francis walsinghaw . returned burgess for linn in dorsetshire , and for banbury in oxfordshire , doth appear for linne , a new writ de burgens . eligend . was required for banbury . on wednesday the th day of january , the bill touching curriers to buy tann'd-leather , to work and sell it , was read the second time , and ( as it should seem ) was committed to mr. crosts , and others not named . vide a like president on thursday the th day of this instant january foregoing . mr. comptroller with the rest of the council , declared , that the queens majesty would receive the petition to morrow in the afternoon , at the palace , by mr. speaker , with the whole house ; of which see more on the day immediately ensuing . mr. comptroller with the committees for the bill of subsidy , were appointed to meet this afternoon in the star-chamber . on thursday the th day of january , the bill for badgers of corn to be bound by recognizance , in the open sessions , was read the first time . post meridiem . in the afternoon mr. speaker , with the whole house ( with a notable oration ) did exhibit their petition to the queens majesty , in the gallery at the palace , touching marriage and succession ; which her highness thankfully accepted ( with an excellent oration ) deferring the answer to further time , for the gravity of the cases . what further answer her majesty gave , may be seen on thursday the th day of february ensuing , and on saturday the th day of april postea . but as touching the petition delivered to her majesty this afternoon , by the whole house , from the mouth of mr. speaker , it is not at all contained in the original journal-book of the house of commons ; and therefore having a copy of it by me ( which i do gather by all concurring circumstances , to be the very same here mentioned , both in respect of the time and matter ) i have caused it to be inserted at large . i am not ignorant , that in divers copies of this speech , another petition also is joined with it , as preferr'd likewise by the lords to her majesty , at this time , for the same causes , which in truth happened not until the second session of this parliament following , anno , & regin . elizabethae ; neither shall it be needful to make any further demonstration thereof in this place , having so fully cleared it in the upper house journal , at that aforesaid second session ensuing , upon tuesday the th day of november ; and now followeth the copy of the above-mentioned petition , at this time preferr'd as aforesaid . your commons in this your majesties present parliament assembled , most high and mighty princess , our most dread sovereign lady , as they do daily , to their commodity and comfort , feel and receive the inestimable benefits of your most gracious government of this your realm , in peace and surety , so do also most thankfully acknowledge the same , beseeching almighty god long to bless and continue your most prosperous reign over them ; and among all these benefits which they daily receive of your highness , they have at this time willed me , in their names to recognize unto your highness , that they account it not the least , but rather among the greatest of them all , that your majesty hath at this time assembled your parliament , for supplying and redressing the greatest wants and defaults in your common-weal , and for the establishing the surety of the same ; which your majesties most gracious meaning , hath been at your commandment , signified unto us , by the right honourable the lord keeper of your great seal of england , namely in this , that he willed us first to have consideration of the greatest matters that nearest touch'd the state of the realm , and the preservation thereof , seeming therein also to express unto us the conformity of your majesties mind , in having principal respect to the matters of greatest weight ; and for that respect assembling this your parliament . and for asmuch as your said subjects see nothing in this whole estate of so great importance to your majesty , and the whole realm , nor so necessary at this time to be reduced to certainty , as the sure continuance of the government of the imperial crown thereof , and the most honourable issue of your body ( which almighty god send us to your highness comfort ) and for want thereof , in some certain limitation to guide the obedience of our posterity ; and where almighty god to our great terror and dreadful warning , lately touched your highness with some danger of your most noble person by sickness , from which so soon as your grace was by gods favour and mercy to us recovered , your highness sent out your writs of parliament , by force whereof your subjects are at this time assembled ; your said subjects are both by the necessity and importance of the matter , and by the convenience of the time of calling them immediately upon your recovery , enforced to gather , and confess , that your majesty of your most gracious and motherly care for them , and their posterity , have summoned this parliament , principally for establishing of some certain limitation of the imperial crown of your realm , for preservation of your subjects , from certain and utter destruction ; ( if the same should not be provided in your life , which god long continue ; ) they cannot , i say , but acknowledge your majesty hath most graciously considered the great dangers , the unspeakable miseries of civil wars , the perillous and intermingling of foreign princes with seditious , ambitious , and factious subjects at home , the waste of noble houses , the slaughter of people , subversions of towns , intermission of all things pertaining to the maintenance of the realm , unsurety of all mens possessions , lives and estates , daily interchange of attainders and treasons ; all these mischiefs , and infinite others , most likely and evident , if your majesty should be taken from us , without known heir , ( which god forbid ) to fall upon your subjects , to the utter subversion of the whole , whereof you have charge under god : if good provision should not be had in this behalf . your majesty hath weighed the examples of foreign nations , as what ensued the death of great alexander , when for want of certain heirs by him begotten , or appointed , the variety of titles , the diversity of dispositions in them that had titles , the ambition of them that under colour of doubtfulness of titles , forsook all obedience of titles , destroyed his dominions , and wasted posterity with mutual wars and slaughters : in what miserable case also was this realm it self , when the title of the crown was tossed in question , between the two royal houses of lancaster and york , till your most noble progenitors henry the seventh , and the lady elizabeth his wife , restored it to a setled unity , and left the crown in a certain course of succession ? these things , as your majesty hath upon your own danger most graciously considered for our comfort and safety ; so we most humble subjects , knowing the preservation of our selves , and all our posterity , to depend upon the safety of your majesties most royal person , have most carefully and diligently considered , how the want of heirs of your body , and certain limitation of succession after you , is most perillous to your highness , whom god long preserve amongst us . we have been admonished of the great malice of your foreign enemies , which even in your life-time have sought to transfer the dignity and right of your crown , to a stranger ; we have noted their daily most dangerous practices against your life and reign ; we have heard of some subjects of this land , most unnaturally confederated with your enemies , to attempt the destruction of your majesty , and us all that live by you ; we fear a faction of hereticks in your realm , contentious and malicious papists , lest they most unnaturally against their country , most madly against their own safety , and most treacherously against your highness , not only hope for the woful day of your death , but also lay in wait to advance some title , under which they may revive their late unspeakable cruelty , to the destruction of goods , possessions , and bodies , and thraldom of the souls and consciences of your faithful and christian subjects ; we see nothing to withstand their desire , but your only life , their unkindness and cruelty we have tasted ; we fear much to what attempt the hope of such opportunity ( nothing withstanding them but your life ) will move them ; we find how necessary it is for your preservation , that there be more set and known between your majesties life and their desire ; we see on the other side , how there can be no such danger to your majesty , by ambition of any apparent heir established by your benefit and advancement , for want of issue of your majesties royal body , as you are now subject unto , by reason of their desire and hope ; we know not how many pretend titles and trust to succeed you , whose secret desire we so much more fear , because neither their number , force nor likelihood of disposition , is known unto us ; and so we can the less beware of them for your preservation . we find also by good proof , that the certain limitation of the crown of france , hath in that realm procured so great quiet , as neither the person of the prince in possession hath been indangered by secret or open practice , nor the common-weal molested by civil dissention , through any quarrel attempted , for the title of that crown ; and somewhat near home , we have remembred the miserable estate of scotland , after the death of king alexander , without any certain heir , or limitation to whom the crown of scotland should remain ; by reason whereof the whole estate of that realm was left open , to the ambition of many competitors , and most grievous desolation and spoil , that grew upon such division ; which afterwards gave occasion to king james the fifth , to limit the crown of scotland to certain noble families of that realm ; whereby they at this present enjoy that quiet surety , which we want ; and all your majesties most noble progenitors , kings of this realm , have been in this behalf so careful , that from the conquest till this present day , the realm was never left , as it is now , without a certain heir , living and known , to whom the crown after the death of the prince , should appertain ; so , as your majesty of your singular care for us , and our posterity , hath at this time assembled us , for establishing of this great and only stay of our safeties . we again , most gracious sovereign lady , acknowledge our selves , and all that we have , to depend upon your preservation , being according to our bounden duty , most careful of the same , are in most humble manner come to your majesties presence ; and i , the mouth appointed for them , together with and in the name of all your most loving , natural and obedient subjects , do present unto you , our most lowly suit and petition , that for asmuch as of your majesties person would come the most redoubted and best heirs of your crown , such as in time to come we would most comfortably see , and our posterity most joyfully obey ; it may please your most excellent majesty , for our sakes , for our preservation and comforts , and at our most humble suit , to take to your self some honourable husband , whom it shall please you to join unto in mariage ; whom , whatsoever he be that your majesty shall choose , we protest and promise , with all humility and reverence , to honour , love and serve , as to our most bounden duty shall appertain ; and where by the statute which your most noble father assented unto , of his most princely and fatherly zeal for his most loving subjects , for the limitation of the succession of the emperial crown of this realm , your majesty is the last expresly named within the body of the same act ; and for that your subjects cannot judge , nor do know any thing of the form or validity of any further limitations , set in certain for want of heirs of your body , whereby some great dangerous doubt remaineth in their hearts , to their great grief , peril and unquietness ; it may also please your majesty , by proclamation of certainty already provided , if any such be , or else by limitations of certainty , if none be , to provide a most gracious remedy in this great necessity , which by your most honourable , and motherly carefulness for them , hath occasioned this assembly ; that in this convenient time of parliament , upon your late danger most graciously called by you , for that cause , your grace may now extend to us that great benefit , which otherwise , or at other times perhaps shall never be able to be done again ; so not only we , but all ours hereafter , and for ever , shall owe no less to your majesties propagation of succession , than we do already owe to your most famous grandfather , king henry the seventh , his uniting of division ; and your subjects on their behalfs , for your majesties further assurance , whereupon their own preservation wholly dependeth , shall imploy their whole endeavours , and wits , and power , to renew , devise and establish the most strong and beneficial acts and laws of preservation , and surety of your majesty , and of your issue in the emperial crown of this realm , and the most penal , sharp and terrible statutes , to all that shall but once practise , and attempt or conceive against your safety , that by any possible means they may invent or establish , with such limitations of conditions , and restraints to all in remainders , such grievous pains , and narrow animadversions to all that shall enterprize or imagine any thing in prejudice of your highness , and your issue , as your majesty shall not have any cause of suspicion , but most assured ground of confidence in all your faithful subjects , continually watching and warding for your preservation , which god long continue , that you may see your childrens children , to his honour and our comfort , and encline your gracious ear to our most humble petitions . this petition of the house of commons , delivered by thomas williams esq their speaker , to her majesty this afternoon , as aforesaid ( to which see her majesties further answer sent to the said house , on tuesday the th day of february ensuing ) now follows the residue of the passages of this journal , out of the original journal-book of the same house . on friday the th day of january , seven bills of no great moment , had each of them one reading ; of which the sixth being the bill for fines to be levyed in the county palatine of durham , was read the third time , and passed the house . for that john hippesley esq , is returned a burgess for wotten-basset in wiltshire , and also for wells in somersetshire , and doth appear for wells , a new writ was required for wotten-basset . m r elrington appeared this day , with mr. serjeant harper , and mr. plowden being of his learned council , who shewing great reasons , that the bill might be rejected , certain articles were delivered in by the mayor of guildford , for maintenance of the bill , which being read , the copy thereof was awarded to mr. elrington ; vide de ista materia , on the morrow following . giles clinket , servant to sir john parrot k t , of pembroke , attached in london in a plea of debt , at the suit of francis parke , had the priviledge of the house granted . on saturday the th day of january , thomas heneage was returned knight for the county of lincoln , and also burgess for boston in that county , and doth appear for lincoln ; whereupon a new writ is required for boston . three bills had each of them one reading , of which the last being the bill to revive the act touching usury , an . hen. . was read the first time , and as it should seem , committed to mr. vice-chamberlain , to consider of it . mr. elrington came in with the serjeant , requiring the order of this house , in what sort he should answer the articles ; whereupon the whole matter was committed to twelve of the house , to hear the parties and proofs on both sides , and thereupon to certifie this house ; of which number it should seem , mr. sidney was one . vide touching this business on thursday the th day , on friday the th day , and on friday the th day of this instant january foregoing . it was ordered , that every one of this house , that cometh after the prayer , which shall begin at eight of the clock , shall pay four pence to the poor mans box. on monday the first day of february , five bills of no great moment , had each of them one reading ; of which the second being the bill touching the bowyers of london , was read the second time , and ( as it should seem ) committed to sir william chester , and others not named ; and the third being the bill against carrying over the sea of pelts and sheep-skins , not staple ware , was read the second time , and ordered to be ingrossed . the committees in the bill touching barwick , have had conference with the lords , and have further day to meet again ; viz. on saturday next . the bill to have de circumstantilus to the juries in wales , and in the county palatine of lancaster , was read the first time . mr. comptroller with others , was appointed to confer of the priviledge of this house , upon motions made for the imprisonment of sir edward warner . on wednesday the d day of february , the bill to revive the statute made for putting down of grigg mills , was read the second time , and ( as it should seem ) committed to mr. chichester , and others not named ; vide a like president on thursday the th day of january foregoing . thomas dring burgess of petersfield in the county of southampton , was licensed upon the death of his uncle , to be absent for ten dayes . five other bills of no great moment , had each of them one reading ; of which one being the bill against carrying over sea of pelts and sheep skins , not staple ware , was read the third time and passed ; and another being for robbing of ponds , and stealing of fish and conies to be felony , was read the third time , and ( as it should seem ) committed to mr. comptroller and others not named ; vide consimile on tuesday the th day of january foregoing . on thursday the th of february , three bills of no great moment , had each of them one reading ; of which the third being the bill touching badgers , and carryers of corn , was read the second time ; and ( as it should seem ) committed to mr. recorder and others not named . christopher hillyer , burgess for heydon in yorkshire , upon the sickness of his wife , was licensed to be absent . on friday the th day of february , two bills of no great moment , had each of them one reading ; of which the second being the bill for repairing of waltersey bank in the isle of ely , was read the second time , and ( as it should seem ) committed to mr. north and others not named ; vide consimile on thursday the th day of january foregoing . sir henry jones complained , that all his servants were imprisoned , and prayed priviledge ; and after long arguments for the priviledge , commission was given to mr. sackvill , and others , to examine and certifie of the matter . on saturday the th day of february , the new bill for setting up of grigg mills , betwixt plime and dart , was read the first time . a motion was made by m r winter , that the house would have regard by some bill to the navy ; and thereupon the matter , as it should seem , was referr'd to the said m r winter , and others , whose names through the negligence of ..... seymour esq , at this time clerk of the house of commons , are here , as in all other places of this journal , omitted . the bill for a subsidy of lands and goods , and two fifteens , was read the first time . on monday the th day of february , the new bill against servants robbing their masters , and buggery to be felony , was read the first time . m r sidney and m r mason declared , that upon examination the fray seemed to be begun by sir henry jones his servants ; vide touching this business on friday the th day of this instant february following . on tuesday the th day of february , the bill for the subsidy of lands and goods , and two fifteens and tenths , was read the second time ; but there is no mention made of any thing spoken to it , or the referring of it to committees , or ordering of it to be ingrossed , because ( as may be conjectured ) the subsidy bill , being commonly of a great length , the forenoon was far spent by that time it was read through ; and therefore the arguments upon it were deferred till to morrow ; in which much dispute growing touching the oath of the assessors , it was again agitated in the house on friday the th day , and on saturday the th of this instant february ensuing ; when it was ordered to be ingrossed , and was lastly , on friday the th day of the same month , read the third time , and passed the house . on wednesday the th day of february , two bills had each of them one reading ; of which the first being the bill for servants robbing of their masters , and touching buggery , was read the second time , and ordered to be engrossed . thomas walwin gent. , john rice yeoman , owen rice , rice ap richard , and griffith lewes , and john ap john , servants to sir henry jones knight for carmarthen , being attached in london in three actions of trespass , at the several suits of george catchmeyde , william prime and henry elmely gent. , move to have a writ of priviledge ; vide plus concerning this matter on friday the th day of this instant february ensuing . divers arguments were this day in the house upon the bill of subsidy , and the oath therein : vide touching this bill in fine diei praecedentis . on thursday the th day of february , three bills of no great moment , had each of them one reading ; of which the last being the bill for servants robbing their masters , buggery , invocation of evil spirits , inchantments , &c. to be felony , was read the third time , and passed the house . mr. attorney and mr. sollicitor brought from the lords a bill against forgers of deeds , which was presently read the first time . on friday the th day of february , three bills had each of them one reading ; of which the third being the bill for punishment of forgers of false deeds and wills , was read the second time ; but no mention is made , that it was either referr'd to committees , or ordered to be ingrossed , because it had been formerly sent from the lords . the house desired the privy-council to 〈◊〉 the queens majesty , to have in 〈◊〉 their petition , looking for her most gracious answer . vide touching this matter on thursday the th day of january foregoing , as also on tuesday the . day of this instant february following . the committees do certifie the house , that sir hen. jones his men may be committed to the serjeant , and that he attend mr. recorder , and mr. gargrave , with the persons before the lord chief justice , to enter with sureties in bond of five hundred pound , to appear personally in the queens bench , in trinity term next , to answer to such things as shall be then objected to them , on the queens behalf , and so set at liberty : vide concerning this matter on friday the . day , on monday the . day , and on wednesday the . day of this instant february foregoing . on saturday the . day of february , arguments touching the oath of assessors in the subsidy being had , the bill was ordered to be engrossed : vide plus on tuesday the . day of this instant february foregoing . two bills had each of them one reading , of which the latter being the bill touching levying of fines for respite of homage , was read the second time , and rejected . for that john harrington esquire , returned burgess of s t ives in cornwal , and also for carnarvon in wales , doth appear for carnarvon , a writ was required for a burgess for s t ives . on monday the . day of february , the new bill touching usury , was read the first time . three bills were sent up to the lords by mr. vice-chamberlain , of which one was the bill touching servants robbing their masters , and buggery to be felony . the bill against those that extol the bishop of rome , and refuse the oath of allegiance , was read the second time , and ( as it should seem ) committed to mr. vice-chamberlain , and others not named . divers arguments being had upon the bill for respite of homage , it was at the last rejected . on tuesday the . day of february , two bills of no great moment , had each of them one reading ; of which the first being the bill touching usury , was upon the second reading ordered to be ingrossed . robert parker servant to sir william woodhouse knight for norfolk , attached in london at the suit of thomas raber baker in transgr . , had a warrant for priviledge , notwithstanding a judgment given against him . mr. serjeant carus and mr. attorney brought from the lords five bills for restitution in blood of divers persons . mr. comptroller and mr. secretary declared from the queens highness , that she doubted not , but the grave heads of this house did right well consider , that she forgot not the suit of this house for the succession , the matter being so weighty ; nor could forget it : but she willed the young heads , to take example of the antients : vide touching this business on saturday the . day , monday the . day , tuesday the . day , tuesday the . day , wednesday the . day , and on thursday the . day of january foregoing ; as also on friday the . day of this instant february preceeding . vide april the . postea . on wednesday the . day of february , three bills of no great moment , had each of them one reading ; of which the first being the bill to confirm the liberties of exeter , was read the second time , and ordered to be ingrossed . on thursday the . day of february , six bills had each of them one reading ; of which the fifth being the bill for confirmation of the liberties of exeter , was read the third time , and passed the house . and the last being the bill for punishment of usury , and unlawful bargains , was read also the third time , and passed per divisionem domus , viz. with the bill a hundred thirty four , and against it ninety . on friday the . day of february , two bills had each of them one reading ; of which the first being the bill for the subsidy and two fifteens , granted by the temporalty , was read the third time , and passed the house ; vide touching this bill on tuesday the . day of this instant february foregoing . thomas andrews esq burgess for sudbury in suffolk , and thomas eymis burgess for thuske in the country of york , for their weighty affairs have licence to be absent . on saturday the . day of february , three bills had each of them one reading ; of which the last being the bill against ingrossing of wooll , and that wooll-winders may buy wooll , was read the second time , and thereupon rejected . three bills were sent up to the lords by mr. vice-chamberlain , of which one was for the punishment of usury , and another for the subsidy granted by the temporalty . four other bills also had each of them one reading ; of which the third being the bill against those that shall extol the bishop of rome , or shall refuse the oath of allegiance , was read the third time , and passed the house . robert wieth gent. burgess for wiche in the county of worcester , for his necessary affairs is licensed to be absent . on monday the . day of february , four bills of no great moment , had each of them one reading ; of which the second being the bill for the bowyers of london ; and the last to raise grigg mills between plime and dart in devonshire , were each of them read the second time , and ordered to be ingrossed . the bill against those that extol the bishop of rome , &c. was sent up to the lords by mr. secretary . william poughnyll gent. burgess of ludlow in the county of salop , for his great affairs in the marches , hath licence to be absent . on tuesday the . day of february , seven bills of no great moment , had each of them one reading ; of which the first being for the avoiding of divers foreign wares ; the second touching badgers of corn ; the third for punishment of those that call themselves egyptians ; and the fourth for allowance to sheriffs for justices dyets at the assizes , were each of them read the second time , and ordered to be engrossed . richard bertie esq one of the knights of the county of lincoln , for his weighty affairs , was licensed to be absent . on wednesday the . day of february , four bills had each of them one reading ; of which the first being the new bill against clipping , washing , and filing of coins , was read the first time on thursday the . day of february , six bills had each of them one reading ; of which the third for punishment of clipping and washing of money ; and the fifth for such as lend their goods for apparel ; were each of them upon the second reading ordered to be ingrossed ; and the last being the bill against forging of false deeds , with provisoes from this house , was read the third time , and passed . post meridiem . in the afternoon six bills had each of them one reading ; of which the first being the bill for restitution in blood of anne thomas , was read the second time ; but no mention is made , that it was either referred to committees , or ordered to be ingrossed , because it had been formerly sent from the lords . william undale esq , burgess for the town of southampton , was for his necessary affairs licensed to be absent . on friday the th day of february , the bill for dressed flax , and the bill touching originals of fines imbezelled , were each of them read the second time , and ordered to be ingrossed . four other bills also had each of them one reading ; of which one was the bill that s t katherines church shall be a parish church , and a school erected . the bill for clipping and washing of money , and the bill against sale of wares for apparel to persons under land or fees , &c. were each of them read the third time , and passed the house ; and the last , being for having grigg mills between plime and dart in devonshire , was upon the third reading dashed by the division of the house ; viz. with the bill forty seven , and against the bill eighty four . on saturday the th day of february , sir robert wingfeild , one of the knights for the county of suffolk , for his affairs at the assizes , was licensed to be absent . the bill for further punishment of vagabonds , calling themselves egyptians , and the bill for allowance to sheriffs for justices dyets , were each of them read the third time , and passed the house . six bills were sent up to the lords by m r secretary , with the bill of the subsidy amended , of which one was touching the punishment of vagabonds , and another for clipping and washing of money . three bills lastly had each of them one reading ; of which one being the bill to add de circumstantibus to the juries in wales , and counties palatine of lancaster and chester , was read the third time , and passed the house . on monday the first day of march , two bills had each of them their first reading ; of which the second being against purveyors , was ( as it should seem ) referr'd to m r vice-chamberlain , to consider of it . arguments being had in the house to the proviso for hunting of conies , that eat other mens corn , was ( as it seemeth ) referr'd to m r vice-chamberlain and others not named . griffin curtis esq burgess for the burrough of ludgersall in wilts , for his affairs at the assizes , was licensed to depart . john cheney esq one of the knights for the county of berks , hath also licence for his affairs . on tuesday the d day of march , two bills had each of them one reading ; of which the second being the bill touching badgers of corn , was read the third time , and passed the house . m r d r read , and m r d r huick , brought from the lords the bill for the restitution in blood of the children of the lord hussey ; and the bill for the restitution in blood of the children of archbishop cranmer . long arguments being had to the bill for the encrease of the navy , and fish-days ; and a proviso brought in by m r secretary , the bill was ordered to be ingrossed . on wednesday the d day of march , the bill for the orders and wages of servants of husbandry , and artificers , was read the first time ; and ( as it should seem ) committed to m r crofts to consider of it . on thursday the th day of march , sir thomas gargrave knight , one of the knights for the county of york , for great affairs with the rest of the council in the north parts , was licensed to depart . m r richard baker and ..... leonard esq with their council learned , required that a proviso may be for them put to the bill for the restitution in blood of the sons of henry iseley attainted of treason . william and edward iseley , with their learned council , require , that considering the bill doth restore them towards the lands but to such title as they had before , that that state may continue unto them ; vide touching this matter on the day following . the queens serjeant and m r attorney , brought from the lords two bills , of which one being the bill touching the oath with four provisoes added by the lords , the same provisoes were read the first and second time . post meridiem . in the afternoon , two bills had each of them one reading ; of which the second being the bill that s t katherines shall be a parish church , and a school there , was read the second time , and ordered to be ingrost . seven other bills had each of them one reading ; of which one being the bill that the bible and book of service may be in the welch tongue , and another that sanctuary shall not serve for debt , were each of them read the second time , and ordered to be ingrost . on friday the th day of march , six bills had each of them one reading ; of which the second being the bill for avoiding of divers foreign wares , made by artificers beyond the seas , was read the third time , and passed the house . the parties on both sides for m r isely's bill , require that it might proceed in form ; for they be both agreed , that m r isely after this bill pass , shall release to m r richard baker , and m r leonard , all their right , title , interest and demand in such lands , as the said baker and leonard severally have , late sir henry iseley's , father to the said william and edward iseley ; vide touching this business on the day foregoing . the bill lastly , for restitution in blood of william and edward iseley ; and the bill for restitution in blood of thomas brook alias cobham and others , were each of them read the second time ; but no mention is made , that they were ordered to be ingrossed , or referred to committees ; because they had been formerly sent from the lords . on saturday the th day of march , the bill for the punishment of perjury and false witnesses , was read the second time , and ordered to be ingrossed . the three bills last past , of which one was for avoiding of foreign wares , were sent up to the lords by m r secretary , with twelve more . the queens serjeant brought from the lords the bill of subsidy of the clergy ; and the bill for restitution in blood of ed. turner . the bill also for continuance of statutes for the mending of high-ways , was read the second time , and ordered to be ingrossed . post meridiem . in the afternoon twelve bills had each of them one reading , of which the first being the bill for restitution in blood of edward turner ; and the second for restitution in blood of sir ralph chamberlain , and john hurleston , had each of them their second reading , but neither committed nor ordered to be ingrossed , because they had been formerly sent from the lords . john eire esquire , one of the knights of the county of wilts , for his affairs is licensed to be absent . on monday the th day of march , three bills had each of them one reading ; of which the first being the bill that s t katherines church shall be a parish church ; and the second for the repairing and mending of high-ways , were read the third time , and passed the house ; and were sent up to the lords by m r comptroller . m r attorney brought from the lords three bills , of which one was the bill for denizens children . the bill also against the unlawful taking of fish , deer , or hawks , was read the third time , and passed . post meridiem . in the afternoon eight bills had each of them one reading ; of which one was the bill for the subsidy of the clergy . richard parrott gent. burgess for sandwich , for his sickness was licensed to be absent . on tuesday the . day of march , two bills had each of them one reading ; of which the first being the bill touching the lord keeper of the great seal , was read the second time ; but no mention is made , that it was either referred to committees , or ordered to be ingrossed ; because it had been formerly sent from the lords . four other bills also were each of them read the third time ; of which one being the bill for restitution in blood of anne thomas ; another for restitution in blood of edward turner ; and a third for restitution in blood of thomas cranmer , and margaret , children of the archbishop cranmer , did each of them pass the house . post meridiem . in the afternoon eight bills had each of them one reading ; of which the fifth being the bill for the paving of kentish-street , near southwark , was read the second time , and ( as it should seem ) committed to m r graston and others not named ; vide consimile on thursday the . day of january foregoing . long arguments were this day had in the house , upon the bill for having wednesday to be a fish-day ; vide touching this business on thursday the . day of this instant march following . on wednesday the . day of march , the bill for restitution in blood of william and edward iseley ; the bill for restitution in blood of thomas cobham ; the bill to make denizens the children of john fitz-williams and others ; and the bill for the restitution in blood of the heirs of the lord hussey , were each of them read the third time , and passed the house . the bill that merchants shall not marry strangers beyond the seas , was read the first time . the bill that the lord keeper of the great seal hath the like power as the lord chancellor ; and the bill for the restitution in blood of the daughters of thomas iseley , were each of them read the third time , and passed . m r sollicitor brought from the lords the bill for the restitution in blood of sir peter carew and william west . long arguments upon the bill for having the wednesday to be a fish-day , were continued till the morrow after . on thursday the . day of march , three bills had each of them one reading ; of which the third being the bill for the subsidy of the clergy , was read the third time and passed , and was sent up to the lords by m r secretary , together with the lord keepers bill , and the bill for fish , deer and hawks . long arguments were had upon the bill for encrease of the navy , whether the wednesday shall be a fish-day , and upon the question the house was divided ; and to have it a fish-day were a hundred fifty nine , and not to have it a fish-day were ninety six ; and immediately after , upon the qualification of that day , the greater number agreed to the qualification : vide touching this matter on tuesday the . day , and on wednesday the . day of this instant march foregoing . george cope burgess of ludgersall in wilts , for his affairs at the assizes , hath licence to be absent . on friday the . day of march , the bill touching consecration of bishops , was read the second time , and ordered to be ingrossed . four other bills also had each of them one reading ; of which one being the bill for the inning of plumsted-marsh , now surrounded , was read the third time , and passed the house . on saturday the th day of march , the bill for the restitution in blood of leonard diggs , and thomas diggs , and the bill for restitution in blood of sir ralph chamberlain knight , and john hurleston , were each of them read the third time , and passed . the bill against conjurations , was brought from the lords by m r sollicitor . post meridiem . in the afternoon six bills of no great moment , had each of them one reading ; of which the first being the bill for increase of woods and champian grounds , was read the second time , and ( as it should seem ) committed to m r marsh , and others not named . on monday the th day of march , the bill against fulling of caps in mills was read the second time ; but no mention is made , that it was either committed or ordered to be ingrossed , because it had been formerly sent from the lords . george lee esq , one of the burgesses for rippon in yorkshire , and elice price , one of the knights for merionethshire in wales , for their affairs were licensed to be absent . three bills were sent up to the lords by m r vice-chamberlain ; of which one was the bill for inning of plumsted-marsh . the provisoes added to the bill for increase of navigation , were read the third time , and passed . m r serjeant carus and m r attorney , brought from the lords the bill for enrolment of bargains in lancaster , with a proviso in exeter bill . on tuesday the th day of march , the bill for the enrolment of writings indented at lancaster , chester and duresm , and a proviso added to the bill of exeter , were each of them read the first time . the bill for the navy , and the bill for restitution in blood of m r west , were sent up to the lords by m r secretary ; and the bill for southampton , and the bill for bowyers , were sent from the lords by m r comptroller . post meridiem . in the afternoon six bills had each of them one reading ; of which the first being the bill for unlading of malmesies and sweet wines at south-hampton , was read the first time . on wednesday the th day of march , the proviso to the bill of exeter , was read the third time , and passed . m r sackvil declared from the queens majesty , that she would take order to make allowance for justices diets ; and that commissioners should be sent to enquire of vicountels that may be levied , and the rest , order should be taken for the discharge thereof . michael poultney esquire , burgess for lichfeild , robert buckstones , burgess for horsam in sussex , and henry green citizen for the city of hereford , were for their several affairs licensed to be absent . on thursday the th day of march , the proviso to the bill of bowyers , was read the third time , and passed the house . the bill against phantastical prophecies , the bill for punishment of witchcrafts , and the bill against wilful perjury , were each of them read the third time , and passed . post meridiem . in the afternoon , the bill for the uniting of churches by the bishop , so that the value be not above l of the churches united , with two others , were each of them read the first time . on friday the th day of march , three bills had each of them one reading ; of which the first being the bill for punishment of invocations of evil spirits ; and the last , that fines or recoveries , with voucher , though the original be imbezelled , shall be good , were each of them read the third time , and passed the house . on saturday the th day of march , the bill for continuance of statutes to endure for ever , was read the second time , and ( as it should seem ) committed to m r clare , and others not named ; and the bill against bankrupts being read also the second time , was ( as may be gathered ) committed to m r mersh and others not named . vide consimile on thursday the th day of january foregoing . m r serjeant carus , and m r sollicitor , brought from the lords the bill against washing and clipping of money ; the bill touching leases made by viscount bindon and his wife , with two others . six bills were sent up to the lords by m r vice-chamberlain , of which one was for the punishment of witchcraft , and another touching fines and recoveries , with voucher , &c. with two others of no great moment ; and immediately the bill , that clipping or washing of money shall be treason ; the bill for preservation of woods in sussex , were each of them read the first time . john gardner gent. burgess for dorchester in dorset , was for his affairs licensed to be absent . post meridiem . in the afternoon the bill for the relief of the poor , and the bill for the uniting of parish churches in cities and corporate towns , to the value of l , were each of them read the second time . john darrington esq , one of the knights for the county of huntington , is for his affairs , licensed to be absent . on monday the th day of march , two bills had each of them one reading ; of which the first being the bill that clipping and washing of monies shall be treason , was read the second time ; but not committed nor ingrossed , because it had been formerly sent from the lords . it was ordered , that william gerrard , a necessary witness for m r pledal , as he saith , may be served by the serjeant , to attend mr. haddon at the rising of the house ; one of the committees with the master of the rolls , mr. recorder and sir william arnold and mr. norton , discharged of this examination . vide plus on saturday the th day of april ensuing . post meridiem . in the afternoon four bills of no great moment had each of them one reading ; of which the third being the bill for the paving of kentish-street , was upon the second reading ordered to be ingrossed . john dorrington esq , knight for huntington , humphrey quarnby burgess for nottingham , william dawtrye knight for suffex , simon thellwall knight for denbigh , for their several necessary affairs , were licensed to be absent . three bills lastly had each of them their first reading ; of which the first was the bill touching demurrers in law. on tuesday the th day of march , two bills had each of them one reading ; of which the first being the bill that clipping and washing of money , shall be felony , was read the third time , and passed the house . the bill for encrease of tillage , was brought from the lords by m r serjeant carus . post meridiem . in the afternoon six bills had each of them one reading ; of which the first being the bill touching leases to be made by the lord thomas howard viscount bindon , and his wife ; and the second , that henry howard esq shall not discontinue lands that shall descend , were each of them read the second time ; but no mention is made , that they were either ordered to be ingrossed , or referred to committees , because they had been formerly sent from the lords . on wednesday the th day of march , two bills had each of them their second reading ; of which the latter , being the bill for assignment of forty thousand twenty seven pound four shillings and two pence half penny , to the expences of the queens houshold ; which bill , notwithstanding that it had passed the upper house , and been sent down from the lords to the house of commons , on wednesday the th day of this instant march foregoing , yet it was committed , or at least referred to m r vice-chamberlain , being an officer of her majesties said houshold , to be further considered of ; and was lastly passed in the house of commons , upon the third reading on saturday the third day of april ensuing ; and was then immediately returned back to the lords by m r comptroller . two bills were each of them read the third time , of which one being the bill for fulling of caps , by foot and hand , was dashed upon the question . morris william knight for the county of carnarvon , for his weighty affairs , was licensed to be absent . on thursday the th day of march , three bills had each of them one reading ; of which the first being the bill that the lord abergavenny may make leases for twenty years , or three lives ; and the second , that henry howard esq shall not discontinue lands descending to him , were each of them read the third time , and passed . and the third being the bill for the annuity of six pound thirteen shillings and four pence , out of wandlesworth in surrey , being the archbishop of yorks lands , to the school of guildford , was read the third time ; but ( it should seem ) the house did desire to consider further of this bill ; and thereupon passed it not at this time , but gave it a fourth reading , on tuesday the th day of this instant march ensuing ; and then it passed the house . post meridiem . in the afternoon four bills had each of them one reading ; of which the second being the bill for payment of alneagers fees , for sealing cloaths in lancashire , was read the second time , and ordered to be ingrossed . on friday the th day of march , three bills had each of them one reading ; of which the last being that the lord howard , and the lady elizabeth his wife , may make leases , &c. was read the third time , and passed . on saturday the th day of march , three bills had each of them one reading ; of which the first being the bill that the bible and the divine service may be translated into the welch tongue , was read the third time , and passed the house . the bill touching worsted woolls , and the bill against servants imbezelling their masters goods , were brought from the lords by m r serjeant carus . post meridiem . in the afternoon the bill that the inhabitants of norfolk and suffolk , may sell again course woolls , was read the first time ; and the proviso also from the lords to the bill for deer and hawks , was read the first time . five bills also had each of them one reading ; of which one being for killing of crows was committed , as it should seem , to mr. ashley ; another to avoid nets for fishing in the thames , was read the second time , and committed to mr. cure ; and the last touching the assize of barrels , was upon the second reading , committed to mr. grafton , and others not named . on monday the th day of march , the proviso to the bill for stealing of deer , &c. was read the first time ; and three other bills being of no great moment , were each of them read the second time ; of which one was the bill for encrease of tillage . the bill de excommunicato capiendo , and the bill for the making of goals , were brought from the lords by mr. attorney . post meridiem . in the afternoon four bills had each of them their first reading ; of which the last was the bill touching tanners , shoomakers , and other artificers occupying leather . on tuesday the th day of march , the bill to continue the act for making of goals , was read the second time ; but no mention is made , that it was either ordered to be ingrossed , or referred to committees ; because it had been formerly sent from the lords . the bill also for the school-house at guildford , was read the fourth time , and passed the house . nota , that here a bill was read the fourth time , before it passed the house ( having had its third reading on thursday the th day of this instant march foregoing ) of which , though there want not other presidents , yet it is rare and worth the observation . six bills were sent up to the lords by mr. secretary , and others , of which one was the last mentioned bill , touching the school-house at guildford . the master of the rolls with other committees in the cause of forgery suspected upon pledal , declared great and vehement suspicion to be in pledall ; and where pledall by the committees , was commanded not to speak with the person of monkton farley , he notwithstanding sent for him , and spake with him in the night , which person is likewise suspected ; whereupon pledall said , he did not remember any such commandment ; and thereupon order was taken , that the committees should put their doings in this case in writing , and send them to the house this afternoon , and that they should be read to pledall ; and he to answer them , either by word or writing . vide touching this matter on saturday the th day of april ensuing . post meridiem . in the afternoon two bills had each of them one reading ; of which the second being that the lord chancellor may direct commissions to the bishop , for increase of the living of ministers , &c. was read the first time . on wednesday the last day of march , the proviso to the bill against stealing of fish , deer and hawks , was read the third time , and passed ; and the bill that sweet-wines bought by strangers , shall be brought to southampton , was read the third time , and passed . on thursday the first day of april , four bills had each of them one reading ; of which the second touching enrollments of deeds in lancaster , and the last for the relief of the poor , were each of them read the third time , and passed . post meridiem . in the afternoon the bill for sale of course woolls in norfolk and suffolk , was read the second time ; but neither committed nor ordered to be ingrossed , because it had been formerly sent from the lords . on friday the d day of april , the bill for artificers , labourers , &c. was read the second time , and ordered to be engrossed . on saturday the d day of april , four bills were sent up to the lords , by mr. vice-chamberlain ; of which one was the bill for the relief of the poor . the bill for the assignment of forty thousand twenty seven pound four shillings and two pence half penny , to the queens houshold , with three provisoes from this house , was read the third time and passed ; and sent to the lords by mr. comptroller . post meridiem . in the afternoon three bills had each of them one reading ; of which the second being the bill for taking and destroying of crows , rooks , &c. was read the first time . on monday the th day of april , mr. serjeant carus , and mr. sollicitor , brought from the lords the bill for wales . the bill touching tanners , curriers and shomakers , was read the third time and passed , and sent to the lords by mr. secretary ; together with the bill for restitution in blood of william iseley . the bill to avoid fraudulent gifts , by any convicted of premunire , was read the third time , and dashed by the division of the house , viz. against the bill eighty nine , and with the bill sixty three . post meridiem . a proviso to the bill for wales , was read the first , second and third time , and thereupon passed the house . the bill to revive the statute against servants imbezelling their masters goods , was read the third time , and passed the house . the bill lastly , that cloathiers for every cloth of woollen , or thirty kersies , shall make a piece of linnen-cloth , of twenty yards long , was read the second time , and ( as it should seem ) committed to mr. norton , and others not named . on tuesday the th day of april , the bill to avoid fraudulent gifts , and the bill against servants embezelling their masters goods , were sent up to the lords by sir anthony coke . three bills also had each of them their third reading , and passed the house ; of which the first being the bill touching artificers , servants of husbandry , labourers and apprentices , was sent up to the lords by mr. comptroller . post meridiem . in the afternoon the bill for the order of bankrupts and their goods , chattels , lands and tenements , was read the third time , and passed the house . on wednesday the th day of april , two bills had each of them one reading ; of which the first being the bill that the alneager of lancaster shall seal the cloaths there made , was read the third time , and passed the house ; and was with two others , sent up to the lords by mr. secretary . post meridiem . in the afternoon three bills of no great moment , had each of them one reading ; of which the first being the bill for encrease of tillage , and reedifying of decayed houses of husbandry , was read the third time , and passed the house . on thursday the th day of april , the bill touching hat-makers , and felt-makers , to buy spanish wooll ; and the bill to avoid the dressed flax brought out of flanders , were each of them read the third time , and passed the house ; and were with two others , sent up to the lords by mr. secretary . the bill for destruction of crows , rooks , &c. and other such vermine , was read the second time , and ordered to be ingrossed . the bill also for paving of kentish-street near southwark ; and the bill that sanctuary shall not be allowable for debt , were each of them read the third time , and passed the house ; and were sent to the lords by mr. vice-chamberlain . post meridiem . in the afternoon a proviso to the bill for repairing of goals , and a proviso to the bill de excommunicato capiendo , were each of them read the first and second time . on friday the th day of april , the proviso added to the bill de excommunicat . capiend . was read the third time , and passed the house . the bill also for destruction of rooks , crows and coughs , and such other vermine , was read the third time , and passed the house ; and immediately sent up to the lords by m r vice-chamberlain . the new bill for uniting of churches in boroughs or towns , being under the value of twenty marks , was read the first time ; and the proviso lastly of this house to the bill for repairing of goals , was read the third time , and passed . on saturday the th day of april , it was ordered that m r pleddall shall have the copies of such examinations and writings , as have been certified into this house ; by the master of the rolls and other committees ; and also that m r francis newdigate may have like copies ; and that such evidence , as m r pleddall hath delivered to the committees hands , may remain under their seals , and m r pleddall's seal in the keeping of the officer of the rolls , that useth to keep the evidences there . vide concerning this matter on monday the th day , and on tuesday the th day of march foregoing . the bill for repairing of goals was sent up to the lords , by m r vice-chamberlain . the queens majesties free and general pardon , signed with her graces hand , was brought from the lords , by m r attorney , and m r sollicitor , and immediately read the third time , and passed . nota , that this bill touching her majesties pardon , passed upon the first reading ; whereas other bills do never pass till after the third . a proviso sent down to the house of commons from the lords , touching the bill of bankrupts ; and the addition to the bill concerning purveyors , were read the first , second and third time , and passed the house . in the afternoon about three of the clock , the queens majesty sitting in her royal seat , m r speaker made an excellent oration , rehearsing divers laws made by divers queens of this realm , and requiring the queen to assent to the acts past both houses , and presented to her majesty the book of subsidy , and the book of the general pardon , with most humble thanks for the same . and the lord keeper , by the queens commandment , gave great thanks unto the nobility and commons , and earnestly required them severally in their countries , to look that the laws might be executed . and touching the succession , the queen commanded the lord keeper to declare her highness device thereof ; the effect and conclusion whereof was , that for the great weight of the matter , her majesty minded to take further advice : vide plus concerning this matter of succession on thursday the . day of january , and on tuesday the . day of february foregoing . then were the several titles of the acts read , and thirty one publick statutes , and seventeen private , were made laws by her majesties royal assent . and then this parliament was prorogued until the second day of october next . at which second day of october , for that the plague was great in london and westminster ; the queens majesties letters patents of commission , were directed to the lord treasurer of england , and other bishops , and lords of the upper house , to prorogue this parliament unto the fifth day of october , . which was done accordingly in the presence of the said lords , and a few of the house of commons , mr. speaker not being there . at which fifth day of october , this parliament was further prorogued by the queens majesties commission patent , unto the . day of april , the next ensuing , m r speaker not being there . at which . day of april , it was then further prorogued unto the . day of october then next following , m r speaker not being there . at which fourth day of october , anno domini . anno septimo reginae elizabeth . it was then further prorogued unto the . day of february then next following , m r speaker not being there . at which . day of feb. . & anno elizabethae reginae octavo , it was then further prorogued unto the . day of sept. then next following . the journal of the house of lords . a journal of the proceedings of the house of lords in the session of parliament bolden at westminster , an. regin . eliz. a. d. . which began there ( after divers prorogations of the same ) on monday the th of september , and then and there continued until the dissolution thereof on thursday the d day of jan. ann. regin . ejusdem . this parliament de an. regin . eliz. being in law but one and the same with that held in an . reginae ejusdem , an. dom. . although not assembled till about three years after , was in the mean time never dissolved , but only prorogued from time to time by six several prorogations , whereof the two first falling out in the said fifth year of the queen , are there mentioned as most properly belonging to the first session of this parliament ( although the latter of them be entred at large in the journal-book de an . regin . eliz. ) and the four last of the said fix prorogations do all here follow before the beginning of this journal of parliament of the passages of the upper house ( being full of excellent and rare matter ) as necessary matter of preparation unto it , being in law ( as hath been observed ) but the second session of that former parliament assembled in an. regin . eliz. predictae , whereof those two former prorogations ( as they do at large appear in the end of the journal of the upper house of that fifth year of the queen ) were the first of them from saturday the th day of april , on which day that said first session of this parliament ended in that fifth year aforesaid , to the second day of october next ensuing , de an . . reginae ejusdem ; and the second prorogation of those foresaid two former , was from the said second day of october in the said fifth year of the queen , to the th day of october , which should be in an . regin . eliz. an. dom. . upon which foresaid th day of october in an . regin . supradictae , annoque dom. . prorogatum fuit ulterius praedictum parliamentum modo & forma sequentibus . memorandum quod quinto die octobris anno regni elizabethae dei gratiâ angliae , franciae & hiberniae reginae , fidei defensor . &c. sexto , in quem diem praesens hoc parliamentum prorogatum fuerat , convenerunt domini tam spirituales quam temporales , quorum nomina subsequuntur . archiepiscopus cantuarien . , marchio winton . thesaurarius , comes suffex ; comes huntington , episcopus london . , episcopus roffen . , dominus clinton admirallus , dominus howard camerarius , dominus cobham , dominus hunsdon . qui cum convenissent una cum populi atque burgensium , ut vocant , satis magna frequentia , praedictus archiepiscopus cantuarien . paucis verbis declaravit conventum procerum & populi , quem parliamentum vocant , in hunc diem destinatum , à dicta domina regina , ccrtis quibusdam de causis & considerationibus illam ad id specialiter moven . differri in tricesimum diem aprilis prox . futurum ; atque ut tam proceribus quam populo palam fieret regiam majestatem ita constituisse , literas commissorias dict . dominae reginae francisco spilman armig . clerico parliamenti publicè & clarâ voce legendas in manus tradidii , earum autem tenor sequitur in haec verba . elizabetha dei gratiâ angliae , franciae & hiberniae regina , fidei defensor , &c. reverendissimo in christo patri , matheo cantuarien . archiepiscopo totius angliae primati & metropolitano , ac charissimo consanguineo & consiliario suo willielmo marchioni winton . thesaurario angliae , ncc non charissimis consanguineis suis thomae comiti sussex , henrico comiti huntingdon , reverendis in christo patribus edmundo episcopo london . , edmundo episcopo roffen . , ac etiam praedilectis & fidelibus consiliariis suis edwardo domino clinton , magno admirallo suo angliae , willielmo domino howard de essingham domino camerario suo , ac praedilectis & sidelibus suis willielmo domino cobham gardiano sive custodi quinque portuum suorum , ac henrico domino hunsdon , salutem . cum nuper pro quibusdam arduis & urgentibus negotiis , nos , statum & defensionem regni nostri angliae ac ecclesiae anglicanae concernen . , praesens hoc parliamentum nostrum apud civitat . nostram westmonasterii duodecimo die januarii anno regni nostri quinto inchoari & teneri ordinaverimus , à quo die idem parliamentum nostrum tunc & ibidem tent . & continuat . fuerat usque decimum diem aprilis tunc prox . sequen . ac post diversas prorogationes idem parliamentum nostrum usque ad & in instantem quintum diem octobris prorogatum , ibidemque tunc tenend . & prosequend . sciatis tamen quod certis urgentibus causis & considerationibus nos specialiter moven . , idem parliamentum nostrum ulterius prorogand , duximus ; de sidelitate igitur , prudentiâ & circumspectione vestris plurimum considentes , de avisamento & assensu concilii nostri , assignavimus vos & tres vestrum , dantes vobis novem , octo , septem , sex , quinque , quatuor , & tribus vestrum tenore praesentium , plenam potestatem , facultatem & authoritatem , hoc instan . die jovis ad praesens parliamentum nostrum nomine nostro , ad & in tricesimum aprilis prox . futur . usque praedictam civitatem nostram westmonasterii prorogand , & continuand . , ibidemque tunc tenend . & prosequend . : & ideo vobis mandamus , quod circa praemissa diligenter intendatis , & ea in formâ praedicta effect ualiter expleatis . damus autem universis & singulis archiepiscopis , ducibus , magnatibus , comitibus , vice-comitibus , episcopis , baronibus , militibus , civibus & burgen . ac omnibus ahis quorum interest , ad dictum parliamentum conventur . tenore praesentium firmiter in mandatis , quod vobis in praenissis faciend . pareant , obediant , & intendant , prout decet . in cujus rei testimonium has literas nostras fieri fecimus patentes . teste me ipsa apud westmonasterium , quinto die octobris , anno regni nostri sexto . the like commission , bearing date . die aprilis an. eliz. was directed unto the archbishop of canterbury , the marquess of winchester lord treasurer , the duke of norsolk earl marshal of england , the earl of arundel , the earl of shrewsbury , the earl of derby , thomas earl of sussex , the earl of huntingdon , the earl of pembroke , the earl of warwick , and the earl of leicester , the bishop of london , and the bishop of rochester , the lord cobham , warden of the cinque-ports , the lord wentworth , and the lord hunsdon , authorizing them , , , , , &c. or three of them to prorogue and continue the parliament , ut supra in the other commissions , mutatis mutandis , unto the th day of october next coming . teste me ipsa apud westmonasterium die aprilis anno regni nostri septimo . on which th day of april , the lord treasurer , the duke of norfolk , the earl of arundel , the earl of derby , the earl of sussex , the earls of huntingdon , pembroke , and warwick , the bishop of london , the lord admiral , the lord chamberlain , the lord cobham , the lord wentworth , and the lord hunsdon , did meet in the parliament chamber , and in due and accustomed form did adjourn the parliament unto the th day of october according to the said commission last specified ; and caused the said commission to be publickly read by francis spilman esq , clerk of the parliament , in hearing of the commons then also present , according to antient custom in that behalf . on the th day of october anno regni reginae eliz. septimo , the like commission ut supra , bearing date the said th day of october , directed unto the archbishop of canterbury , the marquess of winchester lord treasurer , the duke of norfolk earl marshal of england , the earl of sussex chief justice of all forrests , &c. on this side trent , ambrose earl of warwick master of the ordnance , the bishop of london , and the bishop of rochester , edward lord clinton great admiral of england , william lord howard of effingham lord chamberlain , thomas lord wentworth , and henry lord hunsdon , authorizing them , , , , , , , and . ut antea , mutatis mutandis , to prorogue and continue the same parliament , in septimum diem februarii prox . futurum . teste me ipsa apud westmonasterium die octobris , anno regni nostri septimo . which commission was read by the clerk of the parliament , in the parliament chamber , in presence of ten of the commissioners , and of the commons . memorandum quod hodie septimo die februarii , anno regni eliz. dei gratiâ angliae , franciae & hiberniae reginae sidei defensor . &c. octavo , in quem diem praesens hoc parliamentum prorogatum suer at , convenerunt domini tam spirituales quam temporales quorum nomina subsequuntur , viz. archiepiscopus cantuarien . , nicolaus bacon miles , custos magni sigilli , marchio winton . thesaurar , dux norfolc . comes marescallus , marchio north , comes sussex , comes warwick , episcopus london . , episcopus roffen . , dominus clinton admirallus , dominus howard camerarius , dominus wentworth , & dominus de hunsdon . qui cum convenissent , unà cum populi atque burgen . ut vocant , satis magnâ frequentiâ , praedictus nicolaus bacon miles , dominus custos magni sigilli , paucis verbis declaravit conventum procerum & populi , quem parliamentum vocant , in hunc diem destinatum , à dictâ dominâ reginâ , certis quibusdam de causis & considerationibus illam ad id specialiter moven . , differri in diem septembris prox . futur . these foregoing prorogations of this present session of parliament , being thus at large , or abstractedly transcribed , now follows in order the assembling and meeting of both houses in their several places , on monday the th day of september , to which day it had been last prorogued , so that either house going on where they last left , there was no meeting in the upper house at all of both houses , nor the queen came not in person , as she used to do when a new parliament began , nor hath it ever been used in latter times upon a meer prorogation ; but yet on wednesday the second day of october following , by reason of the choice of a new speaker in the house of commons , which was occasioned by the death of the former , the queens majesty came in her accustomed royalty , as at the beginning of a parliament is usual , and there admitted of their new speaker , presented unto her , whom they had chosen but the day before , by vertue of her majesties commission , all which in due form and order follows . on monday the . day of september , to which day this present session of parliament had been last prorogued , there assembled in the upper house according to the usual form and course ( as also the knights , citizens and burgesses of the house of commons did in their own proper place ) sir nicholas bacon knight , lord keeper of the great seal of england , the lord archbishop of york , the lord marquess of winchester lord treasurer of england , the duke of norfolk earl marshal of england , the marquess of northampton , with divers earls , viscounts , bishops and barons ; the particular setting down of whose names is purposely omitted here ( although it were the first day of their assembling together ) because they are at large set down on the second day of october following being wednesday ; when by reason of her majesties coming in person to the upper house , the presence of the lords was somewhat greater than upon this instant monday . hodiè retornatum fuit breve , quo edwardus dominus stafford ad praesens parliament . summonitus fuit , qui admissus est ad suum praeheminentiae locum salvo semper jure superioris sedentis . consimile pro henrico domino paget . consimile pro rogero domino north. consimile pro roberto comite leicestriae . consimile pro henrico comite westmorl . this day sir edward rogers knight , comptroller of her highness houshold , sir francis knolles knight , her highness vice-chamberlain , sir william cecill knight , her highness principal secretary , and sir ambrose cave knight , chancellor of her highness dutchy of lancaster , four chief members of the house of commons , and divers others of that assembly to the number of twenty persons , being sent up to the lords from that house upon some urgent and weighty occasions , desired to be admitted into the upper house , there to make known to their lordships somewhat wherein they should require their advice , and need their assistance ; upon which , being admitted , the said m r comptroller , assisted with the personages and company aforesaid , did in comely order and discreet modesty , make manifest and known unto the said lords , that thomas williams esquire , their late speàker in the last session of this parliament , in the fifth year of the queens majesty that now is , was bereft from them by death , which had been openly and manifestly made known and testified unto them ; for remedy of which defection , they humbly prayed their lordships advice ; after which the lord keeper , first requiring the said personages a while to withdraw themselves , and then commending the order of the matter to the lords sitting in consultation for the same , it was by them all upon considerate advice therein had , thought fit to signifie unto the said commons by the personages aforesaid , that they thought it expedient and good , the said lord keeper , the lord treasurer of england , the duke his grace of norfolk , and the lord marquess of northampton , with the four forecited personages of the said house of commons , being also of her highness most honourable privy-council , should in the name of both of the assemblies , with all humbleness and due celerity , make intimation of their said estate , and the petition thereupon depending , unto her said highness , to which advice the said house of commons , upon knowledge had of the same , wholly assented . dominus custos magni sigilli continuavit praesens parliamentum usque in diem martis primum octobris . on tuesday the first day of october , the bill for the making void of fraudulent gifts and alienations , was read primâ vice . the queen , having been moved as it seemeth the day past about the death of the former speaker , and the choice of a new one in the house of commons , by those eight right honourable personages , who were then and there named to move her highness in it ; did give order , that this present tuesday , both the lords and commons should assemble , and meet together in the parliament chamber , there to receive her majesties answer . where being assembled , the lord keeper shewed forth a commission from her highness , under the great seal of england , which was directed unto him only ; the tenor whereof is set down at large in the journal of the house of commons , de an. isto regin . eliz. ( to which house it properly belonged ) viz. that in respect thomas williams esq the former speaker was dead , therefore the lord keeper was for her majesty , and in her name , to will and command the knights , citizens and burgesses of the said house of commons , to resort unto their accustomed place , and there to elect and chuse amongst themselves , one able and sufficient person , to be their speaker , for the rest of this present parliament , yet to come . and after they should have made their election , that then three or four of them , for , and in all their names , should signifie the same unto her majesty , and thereupon her highness would further signifie her pleasure unto them , what day and time they should present him so elected before her , as it had been used formerly in like cases to be done . there was this day no other bill , or other business agitated in the upper house ; for immediately upon the reading of the last above-mentioned commission , the continuance of the parliament is entred in the original journal-book of the said house , in manner and form following , viz. dominus custos magni sigilli continuavit praesens parliamentum usque diem mercurii secundum diem octobris . on wednesday the second day of october , it seemeth there was no meeting of the lords , nor any thing done in the forenoon ; neither is any mention made in the foregoing continuance of this parliament by the lord keeper , to what hour of this wednesday it was continued ; which is usual in other continuations of it . but the reason why they met not till the afternoon , seemeth to be , because then the queens majesty her self came thither ; to whom richard onslow esq her majesties sollicitor , having been chosen speaker for the house of commons the day past , was presented , and admitted by her , in manner and form as followeth . about three of the clock in the afternoon this present wednesday , the second day of october , the queens majesty took her barge , and landed on the back-side of the parliament-chamber ; and so the earl of northumberland bearing the sword , the lady strainge her trayn , with the lords in their daily apparel , and the heralds attending on her , she proceeded up into the privy-chamber , to prepare her self ; during which time the lords and justices put on their parliament robes , and took their places in manner and form following . in which it is to be noted , that no part of this days passages already set down , is found in the original journal-book of the upper house ; but is either transcribed out of a certain anonymous memorial i had by me , in which the presentment of the speaker this day , is somewhat exactly set down , or was supplied by my self , upon the comparing of several things together . now follow the names of the lords and others as aforesaid . first on the form on the north-side , together with the upper form at the nether end , sate the bishops as followeth . younge archbishop of york . grindall bishop of london . pilkington bishop of durham . sands bishop of winchester . birkley bishop of bath and wells . bett. bishop of carlisle . barlow bishop of chichester . alleo bishop of exeter . gest. bishop of rochester . skamler bishop of peterburgh . horne bishop of worcester . bullingham bishop of lincoln . bentam bishop of coventry and lichfield . denham bishop of chester . scorie bishop of hereford . davies bishop of s t davids . parkhurst bishop of norwich . cheyney bishop of gloucester . nota , that these names with those that follow , being transcribed in a different manner from all others in the residue of the journals of the queens time , were so found with the names of the lords spiritual and temporal added to them , in that before-mentioned anonymous memorial of this present wednesdays passages , being the second day of october ; and were therefore transcribed out of it , as is aforesaid , rather than out of the original journal-book of the upper house ; although the series of them that were present set down there , did serve well to rectifie those foregoing , and these also that next ensue . at the foremost form on the south-side , sate these peers , viz. william paulet marquess of winchester , lord treasurer . thomas howard duke of norfolk , earl marshall of england . william parre marquess of northampton . thomas peircie earl of northumberland . charles nevill earl of westmorland . george talbot earl of shrewsbury . william sommerset alias plantagenet earl of worcester . thomas ratcliff earl of sussex . henry haistings earl of huntingdon . edward seymor earl of hartford . robert sutton alias dudley , earl of leicester , and master of the horse . anthony brown viscount mountague . nota , that edward de vere earl of oxford , lord great chamberlain of england , edward mannors earl of rutland , william bowrchier earl of bath , and henry wriotheisly earl of south-hampton ; were at this time under age , and in ward to the queen ; and therefore they were not admitted to take their places in the uppermost house , but ( if they were present ) did either stand besides the upper part of the rail , at the higher end of the said house , or were admitted to kneel at the upper end of the same house , near the chair of state , at this time , and upon like solemn days ; for no peer is admitted to have his free voice , or sit as a member of that great council , untill he have accomplished his full age , unless by the special grace of the prince . at the form at their back , and the nether form at the nether end , sate these peers . fynes lord clinton , as lord admiral , sate first amongst the barons . howard lord effingham , as lord chamberlain of her majesties houshold , sate second . nevill lord of burgaveny , sate in his due place of preheminence , and so the rest that follow , unless such as were misplaced by the clerks error , which is too frequent . zouch lord zouch . standley lord strange . birkley lord birkley . parker lord morley . brooke lord cobham . stafford lord stafford . gray lord gray of wilton . sutton lord dudley . lumley lord lumley . blunt lord mountjoy . darcy lord darcy of mevill . standley lord mounteagle . sands lord sands . vaux lord vaux . windsor lord windsor . wentworth lord wentworth . burrough lord borough . mordant lord mordant . cromwell lord cromwell . evers lord evers . willoughby lord willoughby . sheffeild lord sheffeild . paget lord paget . darcy de chiche dominus darcy . north lord north of carthelige . bridges lord shandois . haistings lord haistings of loughborough . carey lord carey of hunsdon . s t john lord s t john of bletsoe . nota , that dutchet lord audley , and the lord dacres of the north , were under age. all which peers abovesaid had their mantles , hood and circots furred with miniver , their arms put on the right side , and the duke of norfolk had bars of miniver ; the marquess of winchester and northampton had three bars of miniver , the earls likewise ; the viscounts two , and the barons two . item , on the upper sack of wooll sate the lord keeper , till the queen came ; and then went to his place at the rail . on the woolsack on the northside , sate sir robert catlin , and sir james dyer , the queens two chief justices , m r corbet weston and southcote justices of both benches ; on the woolsack on the southside , sate sir william cecill the queens principal secretary , sir william cordall master of the rolls , sir thomas sanders chief baron , baron whiddon ..... carus the queens serjeant , ..... gerrard the queens attorney ; and on the nether sack sate m r vaughan , and yale , masters of the chancery , m r spilman clerk of the parliament , m r martin clerk of the crown , and m r peile his joint patentee . and behind them kneeled smith , clerk of the council , and jones clerk of the signet , permiter and dister . then the queens majesty being apparelled in her parliament robes , with a caul on her head , came forth , and took her seat ; the marquess of northampton carrying the cap of maintenance ; and after stood on her right hand the duke of norfolk , carrying his marshals rod , and on her left hand the earl of northumberland , with the sword , the heralds also and serjeants at arms being before her ; her majesties mantle was born up on either side from her shoulders , by the lord chamberlain and the lord of hunsdon , who also stood still by her , for the assisting thereof ; when she stood up , her train was born by the lady strange , assisted by sir francis knolles vice-chamberlain ; at the left hand of the queen , and on the south-side , kneeled the ladies , and at the rail at the queens back , on the right hand , stood the lord keeper ; and on the left hand the lord treasurer . then the queen ( as aforesaid ) being placed at the south door , came in the house of commons , bringing in between sir edward rogers comptroller of the queens house and sir francis knolles vice-chamberlain , m r richard onslow esq the queens sollicitor , whom they had chosen for their speaker , and after a reverence done , proceeded after down to the wall , and from thence came up to the rail , in the way doing three reverences , and then began the said speaker to say , as followeth . if it please your royal majesty , most vertuous and most excellent princess , at the humble suit of the knights , citizens and burgesses of your nether house of parliament , now assembled , was signified from your majesty , by the mouth of the lord keeper , by force of your highness letters of commission , your pleasure and grant of free election to the knights , citizens and burgesses , to chuse a fit , and learned man , to be their speaker , instead of thomas williams esq their late speaker , whom it hath pleased god to call to his mercy . for which they have commanded me , in their names , to render unto your majesty most humble thanks ; and have commanded and forced me , to my great grief , to signifie to your majesty , how accordingly they have proceeded to an election , and chosen and assigned me ( as i may say ) being most unworthy to speak in this place , for this parliament ; and for that i would not be obstinate , i am forced to wound my self with their sword , which wound yet being green and ☞ new , your majesty being the perfect physician , may cure in disallowing that which they have allowed ; for that , without your consent it is nothing . and although i being very loth to trouble your highness , have made suit and used all ways and means to avoid it , yet could i find no remedy ; and therefore am driven to seek remedy at your hands ; for though i have the experience of their uprightness , wisdom and knowledge , which chose me , who if they would have found any fault in me , i would lightly have believed them ( notwithstanding that we are for the most part given to think too much of our selves ) but in this day , that they seem to enable me to this calling , whereof i know my self unable , i cannot credit them , no more than the simple patient grievously tormented with sickness , will believe the physician , nay the whole colledge of them , if they say he hath no grief , pain or sickness . i therefore do not attempt this releasing of me for any ease of my self , but would be glad to serve your majesty , to the uttermost of my power , in the office of sollicitorship , whereunto i am appointed , and not in this , being unfit for the same ; and that for divers causes . for first , i consider , i have to deal with many well learned , the flower and choice of the realm , whose deep understanding my wit cannot attain to reach unto . no , if they for great carefulness would often inculcate . it into my dull head , to signifie the same unto your highness , yet my memory is so slippery by nature and sickness , that i should likely lose it by the way ; yet if perhaps i kept part thereof , i have no other knowledge to help my self withall , but a little in the law , far inferiour to divers in this house ; and so should want learning and utterance to declare their meanings , as it requireth ; specially when i consider your royal majesty , a princess endowed with so many vertues , learning and flowing eloquence , it will abash and astonish me ; and therefore finding these infirmities , and other in me , i think my self most unworthy of this place . i trust therefore only in your highness , that you will disallow this election ; and the rather , for that by the true intent of your said letters , it may not be gathered that they should elect any of your majesties officers ; for although the words be to have their free election , yet the law may restrain them in some measure : as for example , we find in the law , that if it would please your majesty , to grant licence to a dean and chapter , to purchase to them and their successors , a hundred pound yearly ; which words be generally : yet if the purchased lands be holden in capite , this grant is void . and again , if you grant the fines and amerciaments of all your tenants to one , who after chanceth to be sheriff of a shire , yet being a sheriff he cannot have them . so this ( me seemeth ) if it please your highness , serveth my case . another cause is for want of substance to maintain this my countenance ; but yet your majesties goodness in this point stoppeth my mouth , for that i have none other living , but in manner by you . so for all these considerations , and divers others , as it shall please your majesty to consider , i humbly desire your highness to disallow this election , commanding them to repair again together , and to chuse another more fit , to serve the same . and so he ended , and did his reverence . then the queen called the keeper , declaring her opinion in answering him , who returning to his place , said as followeth . m r onslow , the queens majesty hath heard and well understood this disabling your self to this office ; and doth well perceive your earnest suit to be discharged of the same ; and for answer , hath commanded me to say , that she doubteth not , but you very well understand , that when one is chosen to serve the common-wealth , it is not in him which is called , who hath appointed him thereunto . also there is an old similitude , that like as it appertaineth to the head , to dispose every inferior member in his place , so it pertaineth to the queens majesty , being the head , to appoint every one in the common-wealth ; this being truth , and her majesty withal remembring your fidelity and long experience in parliament matters , and again being chosen by so learned and expert men , thinketh therefore your fitness needeth not to be disputed here , and therefore they giving unto you such faith and credit , according to an antient custom , she cannot but do the like ; and also you in disabling your self have abled your self , and therefore she doth allow and approve this their election , nothing doubting her opinion in your ability to serve this turn ; and so ended . m r onslow's answer . seeing that it hath pleased your majesty to ratify this election , i to the uttermost of my power shall serve your highness , and this common-wealth ; but first my humble suit is , that it would please your majesty , to accept my good will : and the better to discharge my duty towards them which have chosen me , that in great matters sent from them , i may have access to your majesty at times convenient , as the weight shall require . secondly , if by weakness i shall mistake the effect and meaning of the matters committed to me , by the knights , citizens and burgesses , and thereby against my will misreport them ; that then thereby this common-wealth may take no detriment ; but that i may confer again with them , the better to understand their meaning , and so with more words to utter the same unto you ; and i shall pray , as i am bound , to god , for your long and prosperous reign over us . then her majesty called the lord keeper , and commanded him to answer him , which he did as followeth . m r speaker , the queens majesty hath heard your humble petitions , and request made unto her , the effect whereof she gathereth to stand in two points ; first , for access to her person ; and secondly , for good interpretation of your meaning , and also larger declaration thereof , if need be . for the former , her highness ( as her noble progenitors have done ) is well contented , that in convenient time , and for convenient causes , in - convenient place , and without importunity ( for that these parts now touched , have not been afore this time so well handled , as she trusteth now it shall be ) which considered , as free access she granteth you , as any other hath had . for the second point , because no man at all times may do so well , but sometimes things may be uttered , which may be mispoken ; for which cause , in that time also you shall have her intreatable ; but she thinketh your circumspection to be such as she shall not therein need . and so ended . now a word or two to remember you here present of both the houses ; first , this it is that i would advise you in this your proceeding , to prefer the most weighty matters first , and not trouble your selves with small matters , and of no weight ; and therein also , that all be done to understand the truth , and to avoid all superfluous matters , and losing or driving away of time . secondly , it is profitable that you my lords , and all others that be here , consider that long time requireth great expences , and therefore wish you to make expedition the rather , to avoid the same . and yet not meaning such expedition , that any thing needful to be done , should be lightly passed over , and not substantially done , and seen unto ; but only i mean that you should settle your selves wholly to mighty matters , and those which be necessary , and to spare superfluous things , and which needeth not ; and this is the sum i have to say . then the speaker , and the knights , citizens and burgesses of the house of commons , having made their low reverence towards her majesty , departed to their own house ; and the queen ( after the lord keeper had by her majesties commandment , continued the parliament unto the morrow following ) returned into her privy-chamber , and there shifted her , and then repaired to her barge ; and so to the court. hactenus ex memoriali praefato . on thursday the third day of october , were three bills read ; of which the last being the bill for the better execution of certain statutes , and for the reformation of certain disorders used in the law , was read primâ vice , & tunc commissa archiepiscopo cantuarien . , duci norfolciae , comiti mareschall . angliae , comiti salopiae , comiti wigorniae , & comiti leicester , episcopo dunelmen . , episcopo elien . & episcopo carliolen . , domino cobham , domino grey de wilton , & domino haistings , domino primario justiciario banci regis , domino primario baroni scaccarii , & scrvienti carus . nota , that this days passages are wholly transcribed out of the original journal-book of the upper house , as are also the greatest part of the days following ; although the whole proceedings of wednesday foregoing were inserted out of the before-mentioned anonymous memorial , touching the speakers presentment and allowance , which i had by me . nota also , that the former bill touching the better execution of certain statutes , &c. was not only committed upon the first reading , which is not usual till after the second , but committed also to the judges , being but assistants of the upper house , and to the queens serjeant , being but a meer attendant upon the same , jointly with the lords , the only proper and undoubted members of that great council ; which is a matter to be observed , because of later days neither the said assistants nor attendant , are ever appointed joint committees with the lords , as here ; but only commanded by the house to attend upon the committee , and there to give such advice , as shall be required from them ; which is no greater respect yielded them at a committee than in the house it self , sitting the parliament , and were they still admitted to be committees , as they usually were in all these first parliaments of the queen , yet could no inconvenience ensue thereby ; because at a committee things are only prepared , and made ready for the house ; in which and no where else they ought to be concluded , and expedited . and nota lastly , that the parliament was this day continued to saturday the th day of october ensuing ; but whether by the lord keeper , who ( as it seems ) at this time fell sick of the gout , or by the lord treasurer , who for a while afterwards was appointed by the queens commission to continue it , according to the usual form and course in such case used , doth not appear in the original journal-book of the upper house , but is omitted through the negligence of francis spilman esq , now clerk of the same house . on saturday the th day of october ( to which day the parliament had been last continued ) two bills of no great moment , had each of them one reading ; of which the second , being the bill for the taking away clergy in certain cases , was read secundâ vice , & commissa archiepiscopo eboracen . , duci norf. , comiti huntington , comiti leicester , vice-comiti mountague , episcopo london , episcopo dunelmen . , episcopo lincoln . , domino clinton , domino morley , domino wentworth , domino willoughby , domino north , domino hunsdon , the two chief justices , and the chief baron . nota , that the judges being meer assistants , and no members of the upper house , were here also made joint committees with the lords , which hath never been admitted of in later times . these two bills were read , the lord keeper by reason of his being sick of the gout abstaining this day , and a good while aster , from the upper house ; and therefore william lord marquess of winchester , lord treasurer of england , was authorized by verbal commission from the queen , to supply his place ; and accordingly continued the parliament unto monday next , being the th day of october ; the form and manner whereof ( although the president be very rare , and of great use ) is only entred very briefly in the original journal-book of the upper house , in these words following . hodie dictus thesaurarius , ex mandato dominae reginae , eò quod dominus custos magni sigilli podagrae morbo laboraret , continuavit praesens parliamentum usque in diem lunae proxim . horâ consuetâ . nota , that here the marquess of winchester lord treasurer of england , did supply the lord keepers place in the upper house , without any authority given him by commission under the great seal ; which in like cases is usual , and therefore it is most probable that her majesty did by word of mouth , give him this commandment or commission , either in private , or in the presence of some other . lords of the upper house ; which although it be not very usual , yet there want not presidents of the same nature , as i was assured by henry elsing esq , at this time clerk of the upper house , upon friday the th day of april . ; and that especially in former times , as of king edward the third , and others , the lord keepers place was ( during his absence ) for the most part supplied by vertue of the kings verbal command ; and seldom by commission . october the th sunday . on monday the th day of october , an act to make void fraudulent gifts , bargains and alienations , made for the deceiving of creditors , was read primâ vice , and committed to justice dyer : quod nota . the lord treasurer continued the parliament until the next day at nine of the clock . on tuesday the th day of october , the bill that no man killing any person by misfortune , at twelve score or longer mark , shall therefore forfeit his lands , tenements , or goods , was read primâ vice . dominus thesaurarius continuavit praesens parliament . usque in diem jovis prox . horâ nonâ . on thursday the th day of october , three bills of no great moment , had each of them one reading ; of which the last being the bill that no man killing any person at twelvescore prick , or longer mark , shall forfeit his goods or chattels ( in which bill for that it toucheth the queens prerogative , it was thought not convenient to proceed further , without her highness pleasure first known in the same . ) dominus thesaurarius continuavit praesens parliamentum usque in diem sabbati prox . hora nona ; and so every sitting day until friday the th day of october exclusivè , the parliament was continued in this form by the lord treasurer , except monday the th day , and tuesday the th day of october ; on both which days the house did sit , and bills were read ; but in the original journal-book is no mention of continuing the court by any person ; which seemeth to have happened by negligence of the clerk : and after the said th day of october ( on which sir robert catlin knight , lord chief justice of the kings bench , was appointed by her majesties commission to supply the place of the lord keeper , during his sickness ) it was continued until saturday the th day of november ensuing ; when sir nicholas bacon , lord keeper of the great seal , repaired again to the upper house , and there continued his place , till the dissolution of this present session of parliament . on saturday the th day of october , two bills of no great moment , had each of them one reading ; of which the first being the bill against fraudulent gifts of goods and chattels , and also a remedy for creditors against bankrupts , was committed to the lord chief justice dyer , and justice southcote , to be by them considered against the next meeting : quod nota . october the th sunday . on monday the th day of october , to which day the parliament had been last continued by the lord treasurer , two bills had each of them one reading ; of which the first being the bill for the taking away of clergy from pick-purses , and cut-purses , was read secundâ vice , & commissa ad ingrossand . on tuesday the th day of october , to which day the parliament had been last continued by the lord treasurer , three bills had each of them one reading ; of which the two first , the one being the bill to take away the benefit of the clergy from certain offenders for some felonies , for which by the common law they could not be denied it , was read tertiâ vice & communi omnium procerum assensu conclusa . and the other being a bill for the confirmation of fines and recoveries , notwithstanding the fault of the original writ , & majore procerum numero assentientium conclusa est . and the said two bills so concluded , were committed unto the queens attorney , and m r martin , to be carried down to the house of commons . on wednesday the . day of october , the lords did meet in the parliament chamber , and nothing done , but the parliament continued by the lord treasurer in usual form , until thursday the . day of october . on thursday the . day of october , three bills of no great moment , had each of them one reading ; of which the first being the bill to naturalize john stafford , born beyond the seas , was primâ vice lect . and the third being against fraudulent gifts of goods and chattels , and also a remedy against bankrupts , was by the consent of all the lords concluded . on saturday the . day of october , to which day the parliament had been last continued , on thursday foregoing , by the lord treasurer , the bill for the punishment of the negligence and false return of writs , by under-sheriffs and bayliffs ; was by common consent of the lords concluded , and with two other bills before concluded , was sent to the house of commons by serjeant carus , and the attorney general . on monday the . day of october , the bill for annexing of hexhamshire to the county of northumberland , was read primâ vice . two bills were brought up to the lords from the house of commons , viz. one to take the benefit of clergy from certain offendors , returned exped . ; and another to repeal a branch of a statute made anno hen. . touching prices of barrells and kilderkins . on tuesday the . day of october , to which day the parliament had been last continued , two bills of no great moment , had each of them one reading ; of which the second , being the bill for the annexing of hexhamshire to the county of northumberland , was read secundâ vice ; and committed to the archbishop of york , the earl of northumberland , the earls of westmoreland , and bedford , the bishop of durham , the bishop of carlisle , the lord evers , the lord rich , and the lord north , and to justice welsh and serjeant carus . nota , that here a judge , being but an assistant , and a serjeant , being but an attendant upon the upper house , are made joint-committees with the lords ; ut vide plus on thursday the third day of this instant october foregoing . nota also , that an extraordinary proxy is entered in the beginning of the original journal-book of the upper house , to have been introduced this day , being as followeth , viz. die octobris introductae sunt literae procuratoriae cuthberti domini ogle , in quibus procuratores constituit franciscum comitem bedford , & johannem dominum lumley . this i call an extraordinary proxy , in respect that a temporal lord did constitute two proctors ; whereas usually they nominate but one , and the spiritual lords for the most part two ; and this proxy of the lord ogle's may the rather seem unusual , in respect that of sixteen temporal lords , who were absent by her majesties licence from this session of parliament , there was but one more , viz. francis earl of bedford ( ut vide on saturday the . day of november following ) who constituted above one proxy . it is also worth the noting , that robert earl of leicester , being at this time a favorite , was constituted the sole and joint proxy of eight several temporal lords , who with six others , as is aforesaid , were absent this session of parliament : from which , as also from other presidents of former and later times , it may easily be gathered , that any member of the upper house , by the antient usage and custom of the same , is capable of as many proxies , as shall be directed unto him , although there was an order made in the said house to the contrary a. d. . that no lord or member whatsoever of the upper house , should for the time to come , be capable of above two proxies at the most ; which said order was occasioned in respect that george duke of buckingham ( favorite of the king deceased , and of king charles ) being guilty of many crimes , did , to strengthen himself by voices , not only procure divers persons to be made members of that house , but also engrossed to himself near upon twenty several proxies . vide one other extraordinary proxy on saturday the th day of november , and another on sunday december the first following . this forenoon also these twenty lords under written , were appointed to repair in the afternoon to the queens majesty ; viz. the archbishop of york . the earl of northumberland . the earl of westmoreland . the earl of shrewsbury . the earl of worcester . the earl of sussex . the earl of huntingdon . the earl of warwick . viscount bindon . viscount mountague . the bishop of london . the bishop of durham . the bishop of winchester . the lord cobham . the lord rich. the lord wentworth . the lord pagett . the lord sheffeild . the lord hastings of loughborough . the lord hunsdon . the business about which these lords repaired to the queen , is not in the original journal-book it self of the upper house , but it may be guested it was concerning those two great businesses of the queens marriage , and the declaration of the next heir , and successor after the queens decease , to the crown ; which business bred so much distast afterwards between her majesty and her subjects in this session ; so that , as afterwards the lords did petition the queen about it , so now ( it should seem ) these lords repaired unto her , either to desire leave to prefer that petition , and that they might confer with the house of commons about it , or else to know of her majesty a fitting time , when they might repair unto her , with their said petition , and so receive answer unto it . but what the queen replied at this time , is hard to be conjectured ; only it followeth at large , that on tuesday the th day of november , the members of both houses , for that end appointed , repaired to her majesty in the afternoon ; but whether they then offered up their petitions unto her majesty , or whether the house of commons did at this session of parliament , prefer any petition at all concerning those two great matters aforesaid , is hard to be determined . no mention is made in the original journal-book of continuing the parliament ; which seemeth to have happened by the clerks negligence . on wednesday the th day of october , the bill to repeal a branch of a statute made anno hen. . touching the prices of barrels and kilderkins , was read primâ vice . an act declaring the manner of making and consecrating of the archbishops and bishops of the realm , to be good , lawful and perfect , was brought from the house of commons . dominus thesaurarius continuavit praesens parliamentum usque in diem jovis prox . on thursday the th day of october , the archbishop of york , the lord treasurer , the duke of norfolk , and divers other lords both spiritual and temporal , did assemble in the parliament-chamber , where nothing was done , but only the continuance of the parliament , until friday next at ten of the clock . on friday the th day of october , the lord treasurer signified to all the lords , that the queens highness , considering the decay of his memory and hearing , being griefs accompanying hoary hairs , and old age ; and understanding the lord keepers slow amendment , intended to supply both their said defects by sir robert catlin knight , chief justice of the kings bench , and shewed forth her majesties commission under the great seal of england , which the clerk by commandment openly read , in haec verba . elizabeth , by the grace of god , queen of england , france and ireland , defender of the faith , &c. to our trusty and well beloved , sir robert catlin knight , chief justice of the pleas to be holden before us , greeting . where our right trusty and well-beloved councellor , sir nicholas bacon knight , lord keeper of our great seal of england , is at this present sore visited with sickness , that he is not able to travel to the upper house of this our present parliament , holden at westminster , nor there to supply the room and place in the said upper house amongst the lords spiritual and temporal there assembled , as to the office of the lord chancellor , or lord keeper of the great seal of england , hath been accustomed , we , minding the same place and room to be supplied in all things , as appertaineth , have named and appointed you , from day to day , and time to time hereafter , during our pleasure , to use and occupy the place and room of the said lord keeper , in our said upper house of parliament , amongst the said lords spiritual and temporal there assembled ; and there to do and execute in all things from day to day , and time to time , as the said lord keeper of the great seal of england , should and might do , if he were there present , using and supplying the same place . wherefore we will and command you the said sir robert catlin , to attend unto and about the executing of the premisses with effect . and these our letters patents shall be your sufficient warrant , and discharge for the same , in every behalf . in witness whereof we have caused these our letters to be made patents . witness our self at westminster the th day of october , in the eighth year of our reign . martin . the bill to repeal a branch of a statute made in the th year of henry . touching prices of barrels and kilderkins , was read tertiâ vice , and by common consent of all the lords concluded . dominus capitalis justiciarius continuavit praesens parliamentum usque in diem sabbati proximum . on saturday the th day of october , the bill declaring the manner of making and consecrating of the archbishops and bishops of this realm , to be good , lawful and perfect , was read primâ vice . memorandum , the lords after deliberate consultation and advice taken , how to proceed in the great matters of succession and marriage , before moved by the house of commons , did this present day send serjeant carus , and m r attorney down unto them , to signifie that they would a chosen number should be sent up unto them , for their knowledge to be had of the same . vide concerning this business on wednesday the th day of october , now next ensuing ; as also on tuesday the th day of november following . dominus capitalis justiciarius continuavit praesens parliamentum usque in diem lunae prox . october the th sunday . on monday the . day of october , sir robert catlyn knight , lord chief justice of the kings bench ( supplying the place of the lord keeper , at this time sick of the gout , as is before-mentioned ) with divers other lords spiritual and temporal , met in the upper house ; but nothing appeareth to have been done in the original journal of the same house , only the continuance of the parliament unto wednesday next following . on wednesday the . day of october , two bills of no great moment , had each of them one reading ; of which the second being the bill declaring the manner of making and consecrating of archbishops and bishops of this realm to be good , lawful , and perfect , was read secundâ vice . the lords whose names are here next after written , were appointed to have conference with a setled number of the house of commons , touching petition to be made to the queens highness , as well for the succession , as for her marriage , viz. the archbishop of york . the lord treasurer . the duke of norfolk . the marquess of northampton . the earl of northumberland . the earl of westmorland . the earl of shrewsbury . the earl of worcester . the earl of sussex . the earl of huntingdon . the earl of warwick . the earl of bedford . the earl of pembroke . the earl of leicester . viscount mountague . viscount bindon . the bishop of london . the bishop of durham . the bishop of winchester . the bishop of worcester . the bishop of lincoln . the bishop of rochester . the bishop of coventry and lichfield . the lord admiral . the lord chamberlain . the lord morley . the lord cobham . the lord grey . the lord wentworth . the lord windsor . the lord rich. the lord sheffeild . the lord paget . the lord north. the lord haistings of loughborough . the lord hunsdon . it should seem that the lords had intended at first to have appointed but thirty of themselves , to have joined with the house of commons , about the foresaid treaty or conference , to be had between them , touching the said great matters of succession and marriage , however it fell out afterwards , as appeareth by the names above set down , that they appointed more : for it appeareth plainly by the original journal-book of the house of commons , ( although there be no mention at all of it in that of the upper house ) that the lords did this day send down word unto the house of commons , by m r serjeant carus , and m r attorney , that they had chosen thirty of themselves , to consult and confer with a select committee of the said house , touching the foresaid great business : touching which see more on tuesday the th day of november following . dominus capitalis justiciarius continuavit praesens parliamentum usque in diem jovis prox . on thursday the th day of october , the bill for declaring the manner of making and consecrating of the archbishops and bishops of this realm , to be good , lawful and perfect , commissa est to the chief justice of the common-pleas , justice southcote and attorney general . the bill for annexing of hexamshire to the county of northumberland , was read secundâ vice . the house of commons appointed sir edward rogers knight , comptroller of her highness houshold , sir francis knolles her majesties vice-chamberlian , sir william cecill , her highness chief secretary , sir ambrose cave knight , chancellor of her dutchy of lancaster , sir william peeter , sir ralph sadler , sir walter mildmay knights , all of her highness privy-council , and divers other members of the house of commons , to have conference with the lords aforenamed ( whose names see on yesterday foregoing ) touching those two great matters of the succession and marriage , to be dealt in by petition to her majesty . as see more at large upon to morrow ensuing in the afternoon . dominus capitalis justiciarius continuavit praesens parliamentum usque in diem martis die novembris prox . on tuesday the th day of november , the bill for the annexing of hexamshire unto the county of northumberland , and the ecclesiastical jurisdiction of the same unto the see of the bishoprick of durham , was read tertiâ vice , & communi omnium procerum assensu conclusa . the nobles under-named were appointed to wait on the queens highness this afternoon , with thirty of the house of commons , by her highness special commandment . the archbishop of york . the lord treasurer . the duke of norsolk . the marquess of northampton . the earl of northumberland . the earl of westmerland . the earl of shrewsbury . the earl of worcester . the earl of huntingdon . the earl of sussex . the earl of warwick . the earl of bedford . the earl of pembroke . the earl of leicester . viscount mountague . viscount bindon . the bishop of london . the bishop of duresm . the lord clinton lord admiral . the lord howard of effingham , lord chamberlain . the lord morley . the lord lumley . the lord rich. the lord sheffeild . the lord paget . the lord north. the lord haistings of loughborough , and the lord hunsdon . dominus capitalis justiciarius continuavit praesens parliament . usque in diem crastinum hora consueta . but there is no mention at all in the original journal-book of the upper house , to what end or purpose the lords above-mentioned , with those thirty members of the house of commons , repaired to her majesty ; which doubtless fell out by the great negligence ( in a matter of so great weight ) of francis spilman esq , clerk of the upper house , and therefore i have thought fitting and necessary to supply it at large , partly out of the original journal-book of the house of commons , and partly out of other several manuscript memorials , i had by me ; all which in their proper place i have particularly vouched . it is therefore in the first place to be noted , as fit matter of preparation to that which follows , that these two great matters touching her majesties marriage , and the declaration of a certain successor , were agitated in the house of commons in the first session of this present parliament , in an. regin . eliz. and thereupon the greatest part of the said house , with thomas williams their speaker , did prefer a petition to her majesty , upon thursday the th day of january , in the said fifth year of her majesties reign , by her allowance ; in which having humbly supplicated her majesty to marry , or in default of issue of her own body , to declare a certain successor , they received a gracious answer . but now the same parliament reassembling again to this second session thereof in the eighth year of the reign of the queen , and finding nothing to have been acted by her majesty in either kind ; but that she remained still a virgin , without all likelyhood of marriage , and that the succession of the crown depended upon great uncertainties ; some holding the queen of scots to have best right , others the countess of lenox , being the daughter of margaret of england , by archibald douglass earl of anguisse , her second husband ; and others also argued very strongly for catherine countess of hartford , being the daughter and coheir of henry grey marquess dorset , and frances his wife , the eldest daughter and coheir of charles brandon duke of suffolk , by mary the french queen , being the youngest daughter of henry the seventh ; and especially seeing that the queen of scots , having married the lord darley , ( whom she had created duke of albany , and had by him issue a son born before the beginning of this session of parliament , who afterwards was monarch of great britain ) and duly considering also , that the scottish queen had , during the life of the french king her husband , by his means pretended a right to the kingdom of england , before the queen her self , in respect of the popes authority ; and that some also did not stick to set a broach the title of the lady elianor , being the younger sister and coheir with the countess of hartford , married to the earl of cumberland : therefore i say all these said premisses being duly weighed by both the said houses of parliament , it made them to be more earnest in petitioning her majesty at this time , to the same effect ; although it seemeth that the petition delivered at this time , was chiefly preferred in the name of the lords of the upper house , as that other petition had formerly been preferred in the name of the commons , in the first session of this parliament , in an. regin . eliz. whence it hath come to pass , that neither of these petitions being set down in the original journal-book of the upper house of commons , in either of these two sessions of parliament , the times of their delivery have been exceedingly confounded together , in all such several copies as i have perused of them ; in which , as also in sir robert cotton's first volume of the journals of parliament of the queens time ( which are very imperfect and fragmentary ) they are erroneously entred to have been both delivered in an. . in which year , as also in part of the year . the session in an. regin . eliz. was continued . post meridiem . the archbishop of york , the lord treasurer , and the other lords , whose names are mentioned in the former part of this day , with sir edward rogers knight , comptroller of her highness houshold , and sir william cecill knight , her majesties principal secretary , and divers other members of the house of commons , repaired to her majesty this afternoon , being at her palace of whitehall , to receive answer from her highness , touching those two great businesses of her marriage , and the declaration of her successor , as appeareth plainly by the original journal-book of the house of commons , fol. . a. where the report of her majesties answer is set down , which she gave this afternoon ; although there be no mention at all thereof in the original journal-book of the upper house . and that this was the cause and ground of their attending upon her majesty at this time , appeareth also plainly by a certain manuscript memorial , or diary , kept and set down by sir william cecill , her highness principal secretary ( and afterwards lord treasurer of england ) of the passages of the greatest part of her majesties reign : in which the words are as followeth . nov. . the queen had before her thirty lords and thirty of the commons of the parliament , to receive her answer concerning the petition for the succession , and for marriage . but whether the lords preferred their said petition this afternoon , or whether they had supplicated her majesty any time before , doth not any where certainly appear ; neither can i possibly gather further than by conjecture : and so it is most probable , that though her majesty had notice before , what their petition was , yet it was not preferred till this afternoon . for but on saturday morning foregoing , which was the second day of this instant november , it is plain , that the committees of the house of commons ( as appeareth by the original journal-book of the same house , on thursday the th day of october , fol. . b. on which day the said meeting of the committees was appointed ) did then meet to consider and agree upon such reasons , as they should shew to the committees of the lords ; whereby they might induce her majesty , both to encline to marriage , and to declare a successor . and however sir nicholas bacon knight , lord keeper of the great seal , be not nominated in either of the original journal-books of the upper house , and house of commons , to have been present with the before-mentioned lords and others ; yet it is plain , that if the said petition was preferred this afternoon , or whensoever else , it was delivered from his mouth ; as may be gathered from the very petition it self ensuing ; and is so also expresly set down by m r camden in annal regin . eliz. edit . lugdun . batav . a. d. . pag. . and though he had abstained a while about this time from the upper house , by reason of his infirmity of the gout , yet he was now in the way of amendment and recovery , repairing again to the said house on saturday the . day of this instant november ensuing ; and therefore might very well meet the before-mentioned lords , and other the selected members of the house of commons , at the court this afternoon . so then , it being most probable that the lords did both prefer their petition this afternoon to her majesty , touching those two great matters of the marriage and succession , and also received her majesties answer ; therefore the said petition doth here first ensue , which the lord keeper pronounced in these or the like words following . most humbly beseecheth your excellent majesty , your faithful loving and obedient subjects , all your lords both spiritual and temporal assembled in parliament in your upper house , to be so much their good lady and soveraign , as according to your accustomed benignity , to grant a gracious and favourable hearing to their petitions and suits , which with all humbleness and obedience , they are come hither to present to your majesty , by my mouth , in matters very nearly and dearly touching your most royal person , the imperial crown of this your realm , and universal weal of the same ; which suits , for that they tend to the surety and preservation of these three things , your person , crown and realm , the dearest jewel that my lords have in the earth ; therefore they think themselves for divers respects greatly bound to make these petitions ; as first by their duty to god , then by their allegiance to your highness , and lastly , by the faith they ought to bear to their natural country . and like as , most gracious soveraign , by these bonds they should have been bound to make the like petition upon like occasion to any prince , that it should have pleased god to have appointed to reign over them ; so they think themselves doubly bound to make the same to your majesty , considering that besides the bond before-mentioned , they stand also bound so to do , by the great and manifold benefits they have and do receive daily at your highness hands ; which , shortly to speak , be as great as the fruits of peace , common quiet and justice can give ; and this with great care and charge to your self . and thus , my lords diversly bound , as your majesty hath heard , are now to open to your highness their humble petitions and suits , consisting in two points chiefly ; which not sundrily , or the one without the other , but both jointly they desire your highness to assent to ; the former is , that it would please your majesty to dispose your self to marry , where it shall please you , with whom it shall please you , and as soon as it shall please you . the second , that some such limitation might be made , how the imperial crown of this realm should remain , if god call your highness without heirs of your body ( which our lord defend ) so as these lords and nobles , and other your subjects then living might sufficiently understand , to whom they should owe their allegiance and duty due to be done by subjects , and that they might by your majesties licence , and with your favour treat and confer together this parliament time , for the well-doing of this . the former of these two , which is your marriage , they do in their hearts most earnestly wish , and pray , as a thing that must needs breed and bring great and singular comfort to your self , and unspeakable joy and gladness to all true english hearts . but the second carrieth with it such necessity , that without it they cannot see how the safety of your royal person , the preservation of your imperial crown and realm , shall be , or can be sufficiently and certainly provided for . most gracious and soveraign lady , the lamentable and pitiful estate and condition , wherein all your nobles and councellors of late were , when it pleas'd god to lay his heavy hand upon you , and the amazedness that most men of understanding were by the fruit of that sickness brought into , is one cause of this their petition ; the second the aptness and opportunity of the time , by reason of this parliament , whereby both such advice , consideration and consent , as is requisite in so great and weighty a cause , may be better heard and used , than at any other time , when no parliament is . the third , for that the assenting and performing of these petitions , cannot as they think but breed great terror to our enemies , and therefore must of necessity bring great surety to your person , and especially by addition of such laws , as may be joined with this limitation for the certain and sure observing of it , and preserving of your majesty against all practices and chances . the fourth cause , for that the like ( as it is supposed ) hath been done by divers of your noble progenitors , both of old time and of late days ; and also by other princes your neighbours of the greatest estate in europe , and for that experience hath taught , that good hath come of it . the fifth , for that it appeareth by histories , how that in times past , persons inheritable to crowns being votaries and religious , to avoid such dangers as might have hapned for want of succession to kingdoms , have left their vows and monasteries , and taken themselves to marriage , as constantia a nun , heir to the kingdom of sicily , married after fifty years of age , to henry the sixth emperour of that name , and had issue frederick the second . and likewise peter of aragon , being a monk , married , the better to establish and pacify that kingdom . again , antonius pius is as much commended , for that not two days before his death , he said to his council , laeto animo morior , quoniam filium vobis relinquo . pyrrhus is of all godly men detested , for saying he would leave his realm to him that had the sharpest sword. what but want of a successor known , made an end of so great an empire as alexander the great did leave at his death ? the sixth cause is , for that my lords do judge the performing of this will breed such an universal gladness in the hearts of all your true and loving subjects , that likely and probably you shall find them in all commandments ready and glad to adventure their goods , lands and lives in your service , according to their bounden duties , which of necessity must breed great surety also to your majesty . the seventh cause , because the not doing of this ( if god should call your highness without heir of your body ( which god grant never be seen , if it be his will ) and yet your majesty right well knoweth , that princes and their off-spring , be they never so great , never so strong , never so like to live , be yet mortal , and subject every day , yea every hour to gods call ) my lords think , this happening , and no limitation made , cannot , by their judgments , but be the occasion of every evident and great danger and peril to all estates and sorts of men of this realm , by the factions , seditions and intestine war , that will grow through want of understanding to whom they should yield allegiance and duty ; whereby much innocent blood is like to be shed , and many of those to lose their lives , that now would gladly bestow them for your sake , in your majesties service . the eighth , for that the not performing of this , the other happening , doth leave the realm without government , which is the greatest danger than can happen to any kingdom . for every prince is anima legis , and so reputed in law ; and therefore upon the death of princes the law dyeth ; all the offices of justice , whereby the laws are to be executed , do cease ; all writs and commandments to call parties to the execution of justice , do hang in suspence ; all commissions for the peace and for the punishment of offendors do determine , and lose their force ; whereby it followeth consequently , that strength and will must rule , and neither law nor reason , during such a vacation and inter-reign ; wherein such an incertainty ofsuccession is like to last so long , as it is to be feared ( if gods mercy be not the greater ) that thereby we may become a prey to strangers ( which our lord defend ) or at least lose the great honour and estimation that long time hath pertained to us . and like as , most gracious soveraign , my lords have been moved for the worldly respect aforesaid , to make these their humble petitions to your majesty , so by the examples , counsels , yea and commandments , that they have heard out of the sacred scriptures , and for conscience sake they feel themselves constrained , and enforced to do the like . god , your highness knoweth , by the course of the scriptures hath declared succession and having of children to be one of the principal benedictions in this life ; and on the contrary he hath pronounced contrary wise ; and therefore abraham pray'd to god for issue , fearing that eliazar his steward should have been his heir ; and had promise that kings should proceed of his body . hannah the mother of samuel , pray'd to god with tears for issue . and elizabeth ( whose name your majesty beareth ) mother to john the baptist , was joyful when god had blessed her with fruit , accounting her self thereby to be delivered from reproach . and as this is a blessing in private houses , so is it much more in kingdoms , as it plainly appeareth by the two kingdoms of israel and judah . unto the kingdom of judah , containing but two tribes or thereabouts , god gave lineal succession by descent of kings ; and therefore it continued a long time . the kingdom of israel , containing ten tribes or thereabouts , often destitute of lawful heirs , the one half of the people following the one , and the other half following the other , by wars and seditions being weakned , came soon to ruine , as plainly appeareth by the third and fourth book of kings . and again in the time of the judges , because there was no ordinary succession , the people were often-times overcome , and carried into captivity . besides , it is plain by the scriptures , that godly governors and princes ( as fathers of their countries ) have always been careful to avoid the great evil that might ensue , through want of limitation of succession , therefore moses did enjoin joshua to be his successor , and david his son solomon , whereby a sedition was appeased , begotten by adonijah ; of this there be many examples . further , seeing it may be easily gathered by experience of all ages past , that civil wars , effusion of christian blood , and consequently ruines of kingdoms , do follow , where realms be left without a certainty ofsuccession ; and your majesty is also informed of the same , and sued unto for redress ; if therefore now no sufficient remedy should be by your highness provided , that then it should be a dangerous burthen before god to your majesty , and you were to yield a strict account to god for the same ; considering you are placed , as the prophet ezechiel saith , in altissimo speculo of this common-wealth , and see the sword coming , and provide no remedy for the defence of it . lastly , the spirit of god pronounceth by the mouth of s t paul to timothy , that whosoever maketh no due provision for his family , is in very great danger to godward ; and also by the mouth of s t john , that whosoever seeth but one brother in necessity , and doth shut up the bowels of pity and compassion from him , hath not the love of god remaining in him ; whereby it is plain and manifest , how fearful a thing it were , if this whole realm containing so many families , were not in a perillous case upon their suit provided for ; or if the bowels of mercy should be shut up from so many thousands , which every way were like to fall into most extream miseries , if god should call your highness without certainty of succession ; which we pray to god may never happen . most excellent princess , the places of scriptures containing the said threatnings be set forth with more sharp words , than be here expressed . thus , most gracious soveraign , your lords and nobles , both spiritual and temporal , have as briefly as they can first shewed to your majesty , how diversly they take themselves bound , to make these their humble petitions unto you : and then , what their petitions be ; and after that , what reasons for worldly respects , and what by the scriptures and for conscience sake , have moved them thus to do ; which here upon their knees , according to their bounden duty , they most humbly and earnestly pray your majesty to have consideration of in time ; and to give them such favourable and comfortable answer to the same , that some good effect and conclusion may grow before the end of the session of this parliament , the uttermost day of their greatest hope , whereby this common-wealth , which your highness found to be lateritia as augustus did his , and by your great providence is now come to be marmorea , shall not for want of performing this , if god shall call your highness without heir of your body , be in more dangerous estate and condition , than ever it was that any man can remember . true it is , that this suit is made by my lords , not without great hope of good success , by reason of the experience that they have had of your bountiful goodness shewed to them , and the rest of your loving subjects divers and sundry ways since the beginning of your reign ; which they pray to god long to continue , to his honor , with all felicity . the petition of the lords being thus set down , of which it cannot be absolutely and undoubtedly determined , whether it were preferred this day or no ; now in the next place must follow her majesties answer , which was without all doubt given this afternoon to the before-mentioned lords , and those other thirty members of the house of commons ; yet there is no mention at all thereof , either in the original journal-book of the upper house , or in that before-cited memorial or diary of the greatest part of the passages of her majesties reign , collected and set down by sir william cecill , at this time her majesties principal secretary : and therefore the greatest light of it being gathered out of the original journal-book of the house of commons , containing the agitations of this session of parliament , de an. regin . eliz. fol. . a. ( where on the forenoon of the next day ensuing this afternoon being wednesday , and the th day of this instant november , report thereof was made to the said house , by sir edward rogers knight , comptroller of her majesties houshold , and sir william cecill , her highness principal secretary above-mentioned ) it doth plainly appear , that touching her marriage , her majesty gave them some hope of it ; but excused her self , in not declaring a successor , in respect of the great danger thereof ; and therefore comparing this with that which m r camden hath set down , touching this answer , in annal. regin . eliz. edit . lugdun . batav . a. d. . pag. , & . it may very well be gathered , and it is most likely , that that answer of her majesty , of which i had a copy by me , being erroniously placed , as that also of sir robert cottons is in the first volume of his parliamentary journals ( being very imperfect and fragmentary ) amidst the passages of the parliament of the fifth year of her majesties reign , that that copy i say contains the answer , which her majesty gave at this time , to the before-mentioned lords , and others , being as followeth ; save only , that through often transcribing , without comparing , it should seem it is somewhat defective . since there can be no duer debt than a princes word , to keep that unspotted , for my part , as one that would be loth that the self same thing that keepeth merchants credit from craze , should be the cause that a prince's speech should merit blame , and so their honor quail ; therefore i will an answer give , and this it is : the two petitions that you presented me ( which must doubtless relate to the two several parts of one and the same petition , viz. the marriage and the succession , and might not improperly be so called , though couched in one body , and as the words also following do in manner explain it ) expressed many words , which contained in sum these two things , as of your cares the greatest ; my marriage , and my succession . of which two i think the last best to be touched , and of the other a silent thought may serve . for i thought it had been so desired , as none other tree's blossom should have been minded , or ever any hope of any fruit had been denied you . and yet by the way , if any here doubt that i am by vow or determination bent never to trade in that kind of life , put out that kind of heresy ; for your belief is there in a wry . for though i can think it best for a private woman , yet i do strive with my self to think it not meet for a prince ; and if i can bend my liking to your need , i will not resist such a mind . but to the last , think not that you had needed this desire , if i had seen a time so fit , and it so ripe to be denounced . the greatness of the cause therefore , and need of your returns , doth make me say that which i think the wise may easily guess , that as a short time for so long continuance ought not to pass by roat , as many tell their tales , even so , as cause by conference with the learned shall show me matter worth the utterance for your behoof , so shall i more gladly persue your good after my dayes , than with all my prayers whilst i live be means to linger my living thread . and thus much more than i thought will i add , for your comfort , i have good record in this place , that other means than you mention , have been thought of , perchance for your good as much as for my surety no less ; which if presently and conveniently could have been executed , it had not been now deferred or over-slipped . but i hope i shall die in quiet with nunc dimittis ; which cannot be , without i see some glimpse of your following surety after my graved bones . nota , that neither the foregoing petition , nor this latter answer of her majesty , are found in the original journal-book of the upper-house ; but now the residue of the passages of the said journal do for the most part follow out of the same . on wednesday the th day of november , the bill for declaring of the manner of making and consecrating of the archbishops and bishops of this realm , to be good , lawful and perfect , was read tertiâ vice , quae cum quadam provisione annex . in loco alterius provisionis adempt . absciss . & disannex . communi procerum assensu conclusa est , dissentientibus comite northumberland , comite westmoreland , comite worcester , & comite sussex , vice-comite mountague , domino morley , domino dudley , domino dacre , domino mounteagle , domino cromwell , & domino mordant , & postea , cum billâ for the annexing of hexhamshire unto the county of northumberland , and the ecclesiastical jurisdiction of the same , unto the see or bishoprick of duresm , deliberata fuit magistro vaugham & doctori yale , in domum communem deferend . dominus capitalis justiciarius continuavit praesens parliamentum usque in diem jovis prox . on thursday the th day of november , three bills of no great moment , had each of them one reading ; of which the first being the bill for confirmation of leases to be made by morris ridney and joan his wife , was read primâ vice . dominus capitalis justiciarius continuavit praesens parliamentum usque in diem sabbathi prox . ix . novembris . on saturday the th day of november , the bill for the graving of alneagers seals , to be within the tower of london , was read secundâ vice , & commissa est domino marchioni winton , thesaurar . angliae , & domino capitali baroni , ad supervidend . considerand . & amendand . nota , that here the lord chief baron , being but an assistant of the upper house , and no member thereof , is made a joint-committee with the lord marquess of winchester , of which see more on thursday the third day of october fore-going . the bill also to restrain the carriage of woolls of the growth of pembroke , carmarthen and cardiganshires , out of the counties where they grew , was read secundâ vice , & commissa ad ingrossand . and the bill lastly for the repealing of a branch of a statute made an. h. . for the stature of horses was read secundâ vice & commissa episcopo elien . domino clinton , admiral . domino willoughby , dominosheffeild , domino north , domino s t john de bletsoe , & servienti carus . nota , that a serjeant being but an attendant upon the upper house , and no member thereof , is made a joint-committee with the lords . vide touching this matter , on thursday the d day of october foregoing . then the clerk read openly the commission following . elizabeth , by the grace of god , queen of england , france and ireland , defender of the faith , &c. to our trusty and well beloved councellor , sir nicholas bacon k t , lord keeper of our great seal of england , and to our right trusty and right well beloved , sir robert catlin knight , chief justice of the pleas before us to be holden , greeting . whereas we , upon consideration that you the said lord keeper of our great seal , were lately sore visited with sickness , that you were not able to travel to the upper house of this our present parliament , holden at westminster , nor there to supply the room and place in the said upper house , amongst the lord , spiritual and temporal there assembled , as to your office appertaineth ; did therefore by our letters patents of commission , bearing date the th day of october , in this present eighth year of our reign , nominate , appoint and authorize you the said sir robert catlin , from day to day , and time to time , from thenceforth , during our pleasure , to use and occupy the place and room of the said lord keeper , in our said upper house of parliament , amongst the said lords spiritual and temporal there assembled ; and there to do and execute in all things from day to day , and time to time , as the said lord keeper of our great seal should , or might do , if he were there present , using and supplying the same place ; as in our said letters patents it doth and may at large appear . and forasmuch as we understand , that you the said lord keeper of our great seal , are at this present in such state of health , as ye are well able to travel to the said upper house of our parliament , and there to supply the said room and place your self , as heretofore ye have done , we do therefore by these presents fully and absolutely determine our pleasure , touching any further execution by you the said sir robert catlin , of the said commission before-mentioned ; and therefore we do signifie to you the said sir robert catlin , that our pleasure is , that ye do from the date of these presents , surcease from the execution of the said commission , and every part thereof . and we do also by these presents command and authorize you , the said lord keeper of our great seal , from henceforth , and from time to time hereafter to resort to your accustomed room and place , in our said higher house of parliament , and there to do and execute from time to time , all things that appertaineth to your office there to do , in such manner and form , as though no such commission had been directed and made , any clause , sentence or matter in our said letters patents of commission , or any other thing to the contrary in any wise notwithstanding , and these presents shall be your warrant and discharge for the same . in witness whereof we have caused these our letters to be made patents . witness our self at westminster the th day of november , in the eighth year of our reign . there are no other passages of this day set down in the original journal-book of the upper house , after the publick reading of the foregoing commission , by which the lord keeper was resetled in his former place in the said house , saving the entrance of the continuation of the parliament in manner and form following , viz. dominus custos magni sigilli continuavit praesens parliamentum usque diem lunae prox . xi . die novembris . november the th sunday . on monday the th day of november , three bills of no great moment , had each of them one reading ; of which the first being the bill to restrain the carriage of the woolls of the growth of pembroke , carmarthen and cardigan-shires , out of the counties where they grow , was read tertiâ vice , & communi omnium procerum assensu conclusa . nota , that the daily continuance of the parliament entred in these words , dominus custos magni sigilli continuavit praesens parliamentum , &c. being now hereafter performed in the residue of this journal according to the ordinary use by the lord keeper only , is for the most part omitted . on tuesday the th day of november , the bill for the lady cobham's jointure , was read secundâ vice . on wednesday the th day of november , the bill for the lady cobham's jointure , was read tertiâ vice , quae communi omnium procerum consensu conclusa est , & postea cum billà to restrain the carriage of woolls of the growth of pembroke , &c. was delivered to serjeant carus and doctor huick , to be carried to the house of commons . three bills were brought up to the lords from the house of commons , of which the last being the bill for confirmation of letters patents made for the hospital of s t bartholomew in gloucester , was read primâ vice . on thursday the th day of november , three bills of no great moment , had each of them one reading ; of which the first being the bill for the avoiding of penal laws , was read primâ vice . on saturday the th day of november , to which day the parliament had been last continued on thursday foregoing , four bills of no great moment , had each of them one reading ; of which the third being the bill for the better execution of penal laws , was read secundâ vice , and committed unto the bishop of worcester , viscount mountague , the bishop of london , the bishop of winchester , the lord willoughby , the lord loughborough , the lord hunsdon ; and to the lord chief baron , justice welch , and the attorney general . two bills lastly , were brought up to the lords from the house of commons ; of which the second being the bill that in divers counties there shall be but one sheriss in one county , was read primâ vice . on monday the th day of november , to which day the parliament had been last continued on saturday foregoing , the bill to avoid excess in apparel , was read primâ vice . on tuesday the th day of november , three bills of no great moment , had each of them one reading ; of which the first being the bill to avoid excess in apparel , was read secundà vice , and committed unto the marquess of northampton , the earl of sussex , the earl of huntington , the earl of leicester , viscount mountague , the bishop of london , the bishop of winton , the bishop of hereford , the bishop of worcester , the bishop of lincoln , the lord lumley , the lord sheffeild , the lord pagett , the lord hunsdon , justice welch and justice southcot . and the third being the bill to enable the town of woollmarsh in the county of surrey , to use cloth-making , was read tertiâ vice , & communi omnium procerum assensu conclusa . on wednesday the th day of november , three bills of no great moment , had each of them one reading ; of which the last being the bill for the avoiding of worngful vexation upon the writ of latitat , was read secundâ vice , & commissa ad ingrossand . dominus custos magni sigilli continuavit praesens parliamentum usque in diem jovis prox . horâ nonâ . at which time the lords spiritual and temporal did meet and nothing done , but the parliament continued by the lord keeper of the great seal of england , until saturday the th day of november . on saturday the th day of november , three bills had each of them one reading ; of which the second being the bill for confirmation of letters patents made for the hospital of s t bartholomew in gloucester , was read tertiâ vice , and by common consent of the lords concluded . the bill also for avoiding of worngful vexation upon the writ of latitat , was read tertiâ vice , which by common consent of the lords was concluded , and by serjeant carus and r. r. sent down to the house of commons . on monday the th day of november , to which day the parliament had been last continued on saturday foregoing , three bills had each of them one reading ; of which the second being the bill for the more expedition of the administration of justice in the counties palatine of lancaster and durham , communi omnium procerum assensu conclusa est . on tuesday the th day of november , the bill for the assurance of a jointure to the lady mary , wife to edward lord stafford , was read tertiâ vice , & communi omnium procerum consensa conclusa . the said bill for the lady staffords jointure , and the bill for the more speedy expedition of the administration of justice in the counties palatine of lancaster and durham , were delivered to serjeant carus , and m r vaughan , in domum communem deferend . on wednesday the th day of november , and likewise on thursday the th day of the same month , the lords did meet and nothing done , save only the continuance of the parliament by the lord keeper in ordinary form , unto monday the second day of december following . on monday the d day of december , two bills had each of them one reading ; of which the second being the bill for the erection of a free school at denbigh in wales , was read primâ vice . six bills were sent up to the lords from the house of commons ; of which the first being the bill for the repeal of a statute , made anno edw. . for the prices of wines sold by retail , was read primâ vice ; and the third being the bill declaring the manner of making and consecrating of the archbishops and bishops of this realm , to be good , lawful and perfect , returned cum provisione annex . was read primâ , secundâ & tertiâ vice , & communi assensu conclusa . on tuesday the d day of december , three bills had each of them their second reading ; of which the two last were , one for avoiding tedious suits in civil and marine causes , and another to alter the nature of gavelkind in the lands of thomas brown esq . on wednesday the th day of december , two bills of no great moment , had each of them one reading ; of which the second being the bill for confirmation of certain priviledges granted by the queens majesty , for converting of copper into latten , and for the viewing and searching all other kinds of metals and treasures , was read primâ vice . the bill that in divers counties there shall be but one sheriff of one county , was committed to the earl of huntington , viscount mountague , the bishop of hereford , the lord mountjoy , the lord darcie , the lord willoughby , the lord north , justice brown , and the attorney general . on thursday the th day of december , two bills had each of them one reading ; of which the second being the bill for confirmation of certain priviledges granted by the queens majesty for the converting of copper into latten , and for the mining and searching of all kind of treasures and metals , was read secundâ vice , & commissa . the bill also for the repeal of the statute made anno edw. . for the prices of wines sold by retail , was read tertiâ vice , & communi omnium dominorum spiritualium & majore parte dominorum tempor . consensu quassata est . four bills were brought up to the lords from the house of commons , of which the two last were , one for the town-clark of york , and another touching the patents made for making of allom and copperas , within the realms or dominions of the queens majesty . on friday the th day of december , three bills had each of them one reading ; of which the second being the bill touching letters patents made for the making of allom and copperas , within the realms or dominions of the queens majesty , was read primâ vice . on saturday the th day of december , six bills had each of them one reading ; of which the fourth being the bill to alter the nature of gavelkind in the lands of thomas brown esq , was read tertiâ vice , & communi omnium procerum consensu conclusa , dissentiente vicecomite mountague . the bill also for execution of penal laws , was read secundâ vice , & communi omnium procerum assensu conclusa est , cum quadam schedulâ annex . & deliberat . servienti carus , & attornato general . , in domum communem deferend . on monday the th of december , three bills had each of them one reading ; of which the first being for repeal of the act made anno hen. . for the stature of horses , was read tertiâ vice & communi procerum assensu conclusa . on tuesday the th day of december , six bills had each of them one reading ; of which the third being the bill for the bowyers of westm. , &c. and the fourth for the confirmation of letters patents made for the making of allom and copperas , were each of them read tertiâ vice , & communi omnium procerum consensu conclusae . after the reading of the three first bills this day , three bills were sent to the house of commons , by serjeant carus , and the attorney general ; viz. the first for the stature of horses ; the second for the bowyers of westm. , and the third for allom and copperas . dominus custos magni sigilli continuavit praesens parliamentum usque in diem mercurii , viz. undecim . decembr . on which eleventh day of december the lords met , but nothing done , but the parliament continued in usual form by the lord keeper , until thursday the next day following . on thursday the th day of december , two bills had each of them one reading ; of which the second being the bill for the office of town-clark of the city of york , was read tertiâ vice , & communi omnium procerum assensu conclusa , quae deliberat . fuit servienti carus & generali attornato , in domum communem deferend . pro certis causis emendand . , and to them was delivered the bill of subsidy . four bills had each of them one reading ; of which the second being the bill for confirmation of the late new erected deaneries and prebends , was read secundâ vice , and committed to the archbishop of york , the earl of huntington , viscount mountague , the bishop of durham , the bishop of chester , the bishop of lincoln , the bishop of bath , the lord paget , the lord hastings of loughborough , the lord s t john of bletsoe , justice welch , serjeant carus , d r huick , and d r yale . four bills were sent up to the lords from the house of commons , and delivered after the reading of the bill last before-mentioned ; of which the two last were , one touching foreign wares and apparel , sold by merchants in gross , which had its first reading ; and another to explain a branch of a statute made anno henr. . touching colledges and free-chappels . on friday the th day of december , a proviso added to the bill that in divers counties there shall be but one sheriff in one county , was read primâ vice & commissa ad ingrossand . the proviso added to the bill for the assurance of the jointure of the lady mary , wife to edward lord stafford , was read secundâ vice . three bills had each of them one reading ; of which the last being the bill touching explanation of a branch of a statute made henr. . concerning colledges and free-chappels , was read primâ vice . on saturday the . day of december , five bills had each of them one reading ; of which the second being the bill for the punishment of riots and routs , and unlawful assemblies , was read secundâ vice , & commissa archiepiscopo ebor. , duci norfolciae , comiti salop , comiti huntington , comiti leicester , vice-comiti mountague , episcopis london , dunelmen . & winton , & domino morley , domino cobham , domino paget , domino north , domino hunsdon , & duobus capital . justiciar . & attornato general . , ad considerand . & emendand . after the reading of the first bill , two bills were brought from the house of commons , of which the second being the bill for uniformity in doctrine , was read primâ vice . on monday the . day of december , to which day the parliament had been last continued on saturday foregoing , four bills had each of them one reading ; of which the first being the bill , that in divers counties there shall be but one sheriff , cum quadam provisione conclusa est ; and with the bill for alneagers seals , and the bill for tryals in merionethshire , was sent by serjeant carus , and m r attorney general , to the house of commons . on tuesday the . day of december , three bills had each of them one reading , of which the first being the bill for the repairing the piere of hartland in devon. was read secundâ vice , but no mention is made either of the committing of it to be ingrossed , or referring of it to committees . vide de istâ materiâ in die sequente . after the reading of which said bill , four other bills were brought up to the lords from the house of commons , of which the two last were , one touching goal-delivery in the twelve shires in wales , &c. and another for the grant of fifteenths and tenths , and of one subsidy by the temporalty . dominus custos magni sigilli continuavit praesens parliamentum usque ad hor'am secundam ejusdem diei in pomeridiano . about which hour the lord keeper , and divers other lords , both spiritual and temporal , met , and the bill of the grant of one fifteenth or tenth , and one subsidy of the temporalty , was read primâ vice ; although there is no entrance at all made ( in the original journal-book of the upper house , through the great negligence of francis spilman , at this time clerk of the same ) of the names of any of those lords that were present this afternoon . on wednesday the th day of december , three bills had each of them one reading ; of which the first being the bill for the grant of one fifteenth or tenth , and of one subsidy by the temporalty , was read secundâ vice . nota , that there is no mention made in the original journal-book of the upper house , of the referring of this bill upon the second reading to committees , or of ordering it to be ingrossed ; of which there was a like president on the day foregoing . and thus also in the parliament in anno reginae elizabethae , upon saturday the th day of january , the bill for confirmation of statutes merchants , acknowledged in the town-corporate of new-castle upon tine , was neither committed nor ordered to be ingrossed upon the second reading ; to which purpose finally there were many presidents in the parliament following , in an. regin . eliz. viz. on wednesday the d , on friday the th day , on monday the . day , and on wednesday the . day of december . vide febr. . in an. eliz. dominus custos magni sigilli continuavit praesens parliamentum usque ad . horam primam ejusdem diei in pomeridiano . about which hour , the lord keeper , and divers other lords , both spiritual and temporal , met , and their names are accordingly marked in the original journal-book of the upper house , the manner of which is thus ; viz. the clerk , or some by his appointment , having written the names of the lords spiritual and temporal , in such form as they are set down upon friday the . day of january , in the first session of this parliament , in anno regin . eliz. ( quod vide ) he signeth the name of every lord that is present , with these letters pr. ( on the dexter margent of the said name ) and if the house sit again in the afternoon , and any of the same lords be present , then also before those names that had been marked in the first part of the day , are the same letters added again to the first mark ; and then the signing and marking is thus , pr. pr. in the margent aforesaid , which sheweth he was present twice the said day ; vide plus concerning this matter upon tuesday the . day of march , in the first parliament of her majesties reign , holden in anno eliz. the lords spiritual and temporal being met in the afternoon , as aforesaid , two bills had each of them one reading ; of which the first was the bill for the grant of one fifteenth , one tenth , and of one subsidy by the temporalty ; quae communi omnium procerum assensu conclus . and the second being the bill for the alneagers fees in lancaster , and for length , breadth and weight of cottons , frizes and rugs , was read secundâ vice . seven bills were brought up to the lords from the house of commons , of which the two first were , that two several sheriffs may be in the counties of buckingham and bedford , and for uttering of caps , and true making of hats and caps . on thursday the . day of december , six bills had each of them one reading , of which the third being the bill for reformation of excess of apparel , was read tertiâ vice & conclusa , & missa ad domum communem , per servientem carus , & attornatum general . the parliament was continued by the lord keeper in accustomed form , unto one of the clock in the afternoon , about which time he and divers other lords , both spiritual and temporal , meeting , three bills had each of them several readings , of which the first being the bill for the keeping the records within the twelve shires of wales , and divers other ordinances , was read primâ vice . and the third for the paving of kentish-street , had its second and third reading ; and was thereupon concluded . on friday the . day of december , five bills had each of them several readings , of which the second being the bill for the assurance of a jointure for the lady anne , countess of warwick , was read primâ , secundâ & tertiâ vice , & conclus . & missa in domum communem per servientem carus , & attornat . general . ; and the last touching goal-deliveries in the twelve shires of wales , and for measures to be there , was read tertiâ vice & conclusa . before the reading of the fifth bill before-mentioned , two bills were brought up to the lords from the house of commons ; of which the first touching cloth-workers , and cloths ready wrought , to be shipped over the sea , was primâ vice lecta , & iterum aliis billis mediantibus sive lect . in intermedio , iterum secunda vice lect . the bill that two several sheriffs may be in bedford and buckingham , was read secundâ vice , & quatuor aliis billis mediantibus sive lect . in intermedio , iterum tertiâ vice lect . & conclus . three bills also had each of them one reading , of which the third being the bill for the incorporation of merchant-adventurers , for discovery of new trades , was read tertiâ vice ; and thereupon concluded . the bill for keeping of records in the twelve shires of wales , and divers other ordinances there , was read secundâ vice , & commissa episcopis herefordens . , meneven . cicestren . , & asaphen . this afternoon finally before the reading of the last bill , for keeping records in wales , &c. a bill was brought from the house of commons , for tonnage of wares brought from beyond the seas , which was primâ vice lect . , as soon as it came ; and now read secundâ vice , & commissa domino norfolciae , comitibus sussex & leicester , vice-comiti mountague , domino clinton , domino camerario & domino cobham . on saturday the . day of december , nine bills were brought up to the lords from the house of commons ; of which the two first were , one for the bowyers of westminster return'd expedit . and another for assurance of the lady warwick's jointure . four bills also had each of them one reading ; of which the first being the bill for uttering of caps and hats , and for the true making of caps and hats , was read tertiâ vice & expedit . the bill concerning tonnage of wares brought from beyond the seas ; and the bill for confirmation of letters patents , were each of them read secundâ vice . the bill lastly touching cloth-workers , and cloths ready wrought to be shipped over the seas , was read tertiâ vice , & communi omnium procerum assensu conclusa . in the original journal-book of the upper house is no entrance or mention made of the continuance of the parliament . but it appeareth , that the house did sit in the afternoon , for without entrance of the presence of any lord in particular , it appeareth , that in the afternoon two bills were read ; viz. the bill for the almeshouse at plymouth , and the bill for the provision of grain , were each of them read primâ vice . on monday the th day of december , the bill for the confirmation of fines and recoveries , notwithstanding the default of the original writs , was read primâ vice , cum additione & provisione annex . & cum quâdam reformatione eidem annex . two bills were brought up to the lords from the house of commons , of which one being the bill for sea-marks , and mariners ; and another against carrying over the sea , rams , lambs , or sheep , being alive , were read each of them primâ vice . the bill lastly concerning tonnage of wares brought from beyond the seas , was read tertiâ vice , & communi omnium procerum assensu conclusa . dominus custos magni sigilli continuavit praesens parliamentum usque ad horam secundam in pomeridiano . about which hour the lord keeper , and divers other lords , both spiritual and temporal , meeting , the bill concerning sea-marks , and mariners ; and the bill against the carrying over the sea , rams , lambs , or sheep alive , were each of them read secundâ & tertiâ vice , and thereupon concluded . two bills also were sent from the lords to the house of commons ; of which the first was the bill of her majesties free and general pardon . the bill for making of salt within her majesties dominions ; and the bill for keeping a market in the mannor of battell in sussex upon thursday , were each of them read primâ & secundâ vice . two bills lastly had each of them their first reading ; of which the second was the bill for the inning of plumstead-marsh . on tuesday the th day of december , the bill touching the transporting of tann'd leather made of sheep-skins , and the bill for inning of plumstead-marsh , being surrounded , were each of them read secundâ & tertiâ vice , and thereupon concluded . three bills also had each of them one reading , of which the first being the bill for keeping the market in the mannor of battell in sussex upon thursday , was read tertiâ vice , & conclusa . the bill finally for continuance of certain statutes , was read primâ , secundâ & tertiâ vice . quod nota , that it had three readings together . dominus custos magni sigilli continuavit praesens parliamentum usque ad diem lunae tricesimum diem decembris . on monday the th day of december , the lord keeper and divers other lords , both spiritual and temporal , met , but nothing was done , save only the continuance of the parliament by the lord keeper unto thursday the d day of january following ; upon which day in the afternoon the parliament was dissolved . on thursday the d day of january , the lord keeper and divers other lords , both spiritual and temporal , were present ( although through the negligence of francis spilman esq , at this time clerk of the upper house , it doth not certainly appear who they were in the original journal-book of the same house ) but no bill ( as it seemeth ) was read , or any thing else done ; but only the parliament continued by the lord keeper , which is there entred in manner and form following , viz. dominus custos magni sigilli continuavit praesens parliamentum usque ad horam primam in pomeridiano . nota , that it appears in the original journal-book of the house of commons , that after the parliament had been continued , as aforesaid , doctor huick was sent down to the said house , from the lord keeper , to give them notice thereof . nota also , that in the original journal-book of the upper house , there is no mention made of any thing that was done , or of any speech used , nor touching the dissolution of this present session of parliament , but only that her majesty was there present , with divers lords both spiritual and temporal ; and therefore i have supplyed the whole proceedings of this afternoon at large , out of a very copious and elaborate anonymous memorial thereof , i had by me ; which also i have in some places supplyed out of the original journal-book of the house of commons , although it be so little and short , as it may rather be called matter of confirmation than enlargement ; in which also it shall lastly suffice to touch briefly , that i have always observed , contrary to the ordinary course , to insert all such speeches and other passages ( as largely as by any good authority i might ) into the journal of the upper house , in which house they were agitated and uttered , and to the journal of which house they do most properly belong , and do only for order sake add some short expressions thereof in the journals of the house of commons . the said passages of this afternoon do now next ensue out of the above-mentioned manuscript memorial . the queens majesty between two or three of the clock in the afternoon ( of this present thursday being the second day of january , in the ninth year of her reign ) came by water from whitehall , and landed on the backside of the parliament-chamber . and so the earl of westmorland bearing the sword afore her , the lady strange the train , with the lords in their daily apparel , and heralds attending on her , she proceeded up into the privy-chamber , to prepare her self in her parliament-robes , during which time the lords and justices put on their parliament-robes , and took their places . and upon the upper woollsack sate the lord keeper , till the queen came , and then went to his place , at the rail on the right hand of the cloth of state. on the woollsack on the northside , sate sir robert catlin , and sir james dyer , the two chief justices , and richard read under , and m r gerrard the queens attorney . on the sack on the southside , sate sir william cordall master of the rolls , justice brown , justice welsh , and serjeant carus . on the westside sate vaughan and talc , masters of the chancery , m r spilman clerk of the parliament , m r powle deputy and joint-patentec with m r martin , clerk of the crown ; afore which sack stood a little table . then the queens majesty being apparelled in her parliament-robes , with a caul on her head , came forth , and proceeded up and took her seat ; the marquess of northampton carrying the cap of maintenance , and stood on her right hand , and the earl of westmorland the sword at her left hand , with the heralds and serjeants at arms before her ; the queens mantle born up on either side from her arms , by the earl of leicester , and the lord of hunsdon , who always stood still by her for the assisting thereof , when she stood up ; her train born by the lady strange , assisted by the lord chamberlain , and vice-chamberlain . at the left hand of the queen , and southside , kneeled the ladies ; and behind the queen , at the rail , stood the lord keeper on the right hand , the lord treasurer on the left hand , with divers young lords , and peers eldest sons . then all being placed , m r onslow the speaker was brought in , between sir francis knolles vice-chamberlain , and sir ambrose cave chancellor of the dutchy ; and after reverence done , proceeded down to the wall , and from thence came up to the rail , in the way making three reverences ; and standing there , made other three like reverences , and then began his oration , as followeth . most excellent and vertuous princess , &c. where i have been elected by the knights , citizens and burgesses of this your nether house to be their mouth , or speaker , and thereunto appointed and allowed by your majesty , to supply the same room , to the bewraying of my wants , specially , that thereby i shall be forced utterly to discover the barrenness of my learning before this noble assembly , which not a little grieveth me , and would gladly be excused , considering the true saying , how there is no difference between a wise man and a fool , if they may keep silence ; which i require . but again , considering your majesties clemency , taking in good part the good will of the party , for want of ability , which putteth me in remembrance , and good hope perswading me , that you will not take your said clemency from me , contrary to your nature . again , when i consider my office , as speaker , it is no great matter , being but a mouth , to utter things appointed me to speak unto you , and not otherwise ; which consisteth only in speaking , and not in any other knowledge ; whereby i gather how it is necessary , i speak simply , and plainly , according to the truth and trust reposed in me . and thus , considering whose mouth i am , which chose me to speak for them , being the knights , citizens and burgesses , who were not also by the commons chosen for their eloquence , but for their wisdom and discretion , by this means being fit men to whom the commons have committed the care and charge of themselves , wives and children , lands and goods , and so in their behalf to foresee , and take order for all things necessary . thus they being chosen by the plain commons , it is necessary they elect a plain speaker , fit for the plain matter , and therefore well provided at first to have such a one as should use plain words , and not either so fine that they cannot be understood , or else so eloquent , that now and then they miss the cushion . but now upon occasion of beholding your grace and this noble assembly , i consider the manifold and great benefits , which god suddenly hath sent unto this country ; for although god hath granted the benefit of creation and conservation , with many other commodities , to other nations of the world , yet this our native country he hath blessed , not only with the like , but also with much more fruitfulness than any other ; of which great and inestimable benefit of gods preferment , which appeareth better by the want that others have of the same , i am occasioned now to speak , the rather to move and stir up our hearts , to give most hearty thanks to god for the same . now to speak of government by succession , election , religion , or policy ; first , if the body should want a head , it were a great monster ; so it is likewise , if it have many heads , as if upon every several member were a head. and to speak of one head ; although in the body be divers members , which be made of flesh , bones , sinews and joints , yet the one head thereof governeth wisely the same ; which if it should want , we should be worse than wild beasts , without a shepherd , and so worthily be called a monstrous beast . again , if the body should be governed by many heads , then the same would soon come to destruction , by reason of the controversy amongst them , who would never agree , but be destroyed without any foreign invasion ; therefore god seeth it is needful , that the people have a king , and therefore a king is granted them ; and so therefore the best government is to be ruled by one king , and not many , who may maintain and cherish the good and godly , and punish the ungodly and offenders . as for government by election , in that is great variance , partiality , strifes and part-takings . as for examples , amongst the rest take out one , which is called the most holy , as that of the pope ; and weigh how holily and quietly it is done , called indeed holy and quiet , but utterly unholy and unquiet , with great part-takings and strifes . now touching religion . to see the divine providence of god , how that many nations be governed by one prince , which were impossible , but that god ordereth it so , by whom the order of regiment is appointed , and that in his scriptures ; wherefore the subjects ought to obey the same , yea although they were evil , and much more those that be good . so god hath here appointed us , not a heathen , or unbelieving prince , as he might , but a faithful , and one of his own children , to govern us his children : in which government the prince serveth god two ways ; as a man , and as a king. in that he is a man , he ought to live and serve god , as one of his good creatures ; and in that he is a king , and so gods special creature , he ought to make laws whereby god may be truly worshipped , and that his subjects might do no injury one to another , and specially to make quietness amongst the ministers of the church ; to extinguish and put away all hurtful and unprofitable ceremonies in any case contrary to gods word ; in which point we have in your majesties behalf great thanks to give unto god , in setting forth unto us the liberty of gods word , whereof before we were bereaved , and that you have reformed the state of the corrupt church , now drawing souls out of dangerous errors , which afore by that corruption they were led and brought unto . and concerning policy , god hath committed to your highness two swords ; the one of which may be called the sword of war , to punish outward enemies withal , and the other the sword of justice , to correct offending subjects : in which point of policy your majesty is not behind your progenitors ; for although at your entrance you found this realm in war , and ungarnished with munition , and that with such store as never was before ; yet you have dislodged our antient enemies which were planted and placed even upon the walls of this realm . and concerning policy in laws , as bones , sinews and joints be the force of a natural body , so are good laws the strength of a common-wealth : and your laws be consisting of two points , the common laws , and the statutes . and for the common law , it is so grounded on gods laws and natures , that three several nations governing here have all allowed the same ; which is not inferior , but rather superior , and more indifferent than any other law. for by our common law , although there be for the prince provided many princely prerogatives and royalties ; yet it is not such , as the prince can take money , or other things , or do as he will at his own pleasure without order : but quietly to suffer his subjects to enjoy their own , without wrongful oppression , wherein other princes by their liberty do take as pleaseth them . aristotle saith , that the life of the prince is the maintenance of the laws , and that it is better to be governed by a good prince , than by good laws ; and so your majesty , as a good prince , is not given to tyranny , contrary to your laws ; but have and do pardon divers of your subjects offending against the laws . as now for example , of your special grace you have granted a general pardon , either without our seeking , or looking for ; whereby it is the better welcom . again your majesty hath not attempted to make laws contrary to order , but orderly have called this parliament , who perceived certain wants , and thereunto have put their helping hand , and for help of evil manners , good laws are brought forth ; of the which we beseech your excellent majesty , so many as you shall allow , to inspire with the breath of your majesties power ; whereby they may be quickned , which now want life , and so be made laws . furthermore concerning payments to be made to the prince , it is as to deliver the same to gods ministers , who are appointed always for our defence ; wherefore your humble subjects do offer a subsidy , to be put into your majesties treasure ; which although it be but as a mite , or a farthing , yet is the good will of them to be reputed as the poor widows was in the gospel ; wherein i must not omit to do that which never speaker did before ; viz. to desire your majesty not to regard this simple offer of ours , but therein to accept our good will , wherein your highness hath prevented me in taking in the best part our good will ; and required us to retain in our hands part of our gift , and accounting it to be in our purses as in your own ; and so is our duty , besides the policy thereof , it being for our own defence : and also honesty , for that we have received many benefits by your majesty ; for he that doth a good turn , deserveth the praise , and not he which afterwards goeth about to reward , or doth reward the same . also giving most hearty thanks to god , for that your highness hath signified your pleasure of your inclination to marriage ; which afore you were not given unto , which is done for our safeguard ; that when god shall call you , you shall leave of your own body to succeed you , which was the greatest promise that god made to david , and the greatest request that abraham desired of god , when god promised him exceeding great reward : who said , lord , what wilt thou give me , when i go childless , and he that is the steward of mine house , is mine heir ? therefore god grant us , that , as your majesty hath defended the faith of abraham , you may have the like desire of issue with you . and for that purpose , that you would shortly imbrace the holy state of matrimony , to have one , when and with whom god shall appoint , and best like your majesty ; and so the issue of your own body , by your example , rule over our posterity ; and that we may obtain this , let us give our most humble thanks to god for his manifold benefits bestowed upon us , and pray for the reign of your majesties issue , after your long desired government ; and so ended and did his obeysance . then the lord keeper ( after the queen had called him , and told him her mind ) answered to m r speaker , and said . m r speaker , the queen hath heard and understood your wise and eloquent oration , whereby principally i gather four things ; first , disabling your self . secondly , concerning governance . the third , touching the subsidy . and lastly , in giving thanks ; which also was intermingled very wisely in all parts of your oration . and for the first , in disabling your self , you have therein contrarily bewrayed your own ableness . for the second , concerning governance , as well by succession as election , of religion and policy , in which discourse you have dealt well , i therefore leave it , and mean to speak only a few words , as to your last word policy . politick orders be rules of all good acts , and touching those that you have made to the over-throwing of good laws , they deserve reproof as well as the others deserve praise ; in which like case you err , in bringing her majesties prerogative in question , and for that thing , wherein she meant not to hurt any of your liberties . and again , the grant of her letters patents in question is not a little marvail , for that therein you find fault ; which is now no new devised thing , but such as afore this time hath been used and put in practice , howbeit her majesties nature is mild and full of clemency ; so that she is loth herein to be austere ; and therefore , though at this time she suffer you all to depart quietly unto your countries for your amendment , yet as it is needful , so she hopeth that the offenders will hereafter use themselves well . again , touching the good laws , which you have taken great pains in making ; if they be not executed , they be not only as rods without hands to execute them , or as torches without light , but also breed great contempt : therefore look well to the execution ; for if it be not done , the fault is in some of us , which she putteth orderly in trust to see it done . for the third point , concerning the presentment of the subsidy , her majesty biddeth me say , that when the lords spiritual and temporal granted it unto her , so she trusteth you will be as careful in gathering of it ; which i , and others be witness , how very unwilling and loth she was to take , but to avoid further inconvenience . and lastly , concerning knowledge of benefits , and giving of thanks , which you have well declared be many , yet one in comparison above all , yea a fruit above all other , and whereby you may enjoy all the other , which is her marriage ; whereof she hath put you in good hope . further , i have to put you in remembrance of three things ; the first is , that where now you acknowledge benefits , and as you have cause to give thanks , so secondly , that you be not unmindful hereafter to do the like ; and thirdly , that in all your doings hereafter , you show your selves , that all these benefits be had in remembrance , and not forgotten ; for that it should be a thing against reason in humane creatures ; specially therefore now it behoveth you all , as you have acknowledged benefits , and for them given thanks in the first point , so that you see the other two observed . and then her majesty will not fail likewise thankfully to accept the same ; and so ended . thus far out of the before-mentioned memorial , touching the passages and speeches of this present afternoon . now solloweth the manner of her majesties giving her royal assent to such acts as passed , out of one of the original journal-books of the upper house , durante regno regin . eliz. viz. in an . . although it be not so expresly set down in that of this present session of parliament . then were the titles of all the acts read in their due order , and the bill of subsidy ; to which the clerk of the parliament standing up did read the queens answer in manner and form following . la roigne remercie ses loyaulx subjects , accepte leur henevolence , & auxi le veult . the clerk of the parliament , having read the queens acceptance and thanks for the subsidy given , as aforesaid , did then upon the reading of the pardon , pronounce in these french words following , the thanks of the lords and commons for the same . les prelats , seigneurs & communes , en ce present parliament assembles , au nom de touts vous autres subjects , remercient tres-humblement vostre majesty , & prient à dieu , que il vous done en santè bonne vie & longue . nota , that here to the subsidy bill , because it is the meer gift of the subject , the queens consent is not required for the passing of it ; but as it is joined with her thankful acceptance . nor to the bill of pardon , because it is originally her free gift , is any other circumstance required , than that the thankful acceptance thereof by the lords and commons be likewise expressed ; it being but once read in either house , before it come thus at last to be expedited . now to all other bills , either private or publick , the queens express consent , though in different words , is always requisite , as followeth , viz. the bills of subsidy and pardon being passed in manner and form as aforesaid , then were the publick acts read ; to every one of which allowed by the queén , the clerk of the parliament read in french these words following , viz. la roigne le veult . to every private act that passed , the said clerk of the parliament read the queens answer in these french words following , viz. soit fait come il est desire . these two last answers to the publick and private acts that pass , are to be written by the clerk of the parliament , at the end of every act. to such acts as her majesty doth forbear to allow , the clerk of the parliament reads in these french words following ; viz. la roigne s' advisera . then the queen standing up , said ( after she had given her royal assent unto nineteen publick acts , and thirteen private ) my lords , and others the commons of this assembly , although the lord keeper hath , according to order , very well answered in my name , yet as a periphrasis i have a few words further , to speak unto you : notwithstanding i have not been used , nor love to do it , in such open assemblies ; yet now ( not to the end to amend his talk ) but remembring , that commonly princes own words be better printed in the hearers memory , than those spoken by her command , i mean to say thus much unto you . i have in this assembly found so much dissimulation , where i always professed plainness , that i marvail thereat , yea two faces under one hood , and the body rotten , being covered with two vizors , succession and liberty , which they determined must be either presently granted , denied or deferred . in granting whereof , they had their desires , and denying or deferring thereof ( those things being so plaudable , as indeed to all men they are ) they thought to work me that mischief , which never foreign enemy could bring to pass , which is the hatred of my commons . but alas they began to pierce the vessel before the wine was fined , and began a thing not foreseeing the end , how by this means i have seen my well-willers from mine enemies , and can , as me seemeth , very well divide the house into four . first the broachers and workers thereof , who are in the greatest fault . secondly , the speakers , who by eloquent tales perswaded others , are in the next degree . thirdly , the agreers , who being so light of credit , that the eloquence of the tales so overcame them , that they gave more credit thereunto , than unto their own wits . and lastly , those that sate still mute , and medled not therewith , but rather wondred disallowing the matter ; who in my opinion , are most to be excused . but do you think , that either i am unmindful of your surety by succession , wherein is all my care , considering i know my self to be mortal ? no , i warrant you : or that i went about to break your liberberties ? no , it was never in my meaning , but to stay you before you sell into the ditch . for all things have their time . and although perhaps you may have after me one better learned , or wiser ; yet i assure you , none more careful over you : and therefore henceforth , whether i live to see the like assembly or no , or whoever it be , yet beware however you prove your princes patience , as you have now done mine . and now to conclude , all this nonwithstanding ( not meaning to make a lent of christmas ) the most part of you may assure your selves , that you depart in your princes grace . then she spake openly to the lord keeper , saying , my lord , you will do as i bad . who then said aloud , the queens majesty hath agreed to dissolve this parliament . therefore every man may take his ease , and depart at his pleasure . and the queen rose , and went and shifted her , and took her barge , and returned to the court , being past six of the clock ; and then after her rising , she made anthony browne , one of the justices of the common-pleas , a knight . that the advice and consent of the common-council , or parliament , was often required for the marrying of the kings of england . . william duke of normandy sending ambassadors to king harold , to deliver up the crown of england to him , and to marry the dukes daughter ; herald returned him this answer . a si de filia sua , quam debui in uxorem ut asserit ducere , agit , super regnum angliae mulierem extraneam inconsultis principibus ( words of a large extension used in those times by historians ) me nec debere nec sine grandi injuria posse adducere noverit . malmesbury b that antient and famous historian , recites it thus . quae dixi de puellae nuptiis referens de regno addebat praesumptuosum fuisse quod absque generali senatus & populi conventu & edicto alienam illi haereditatem juraverit . . william the son of h. i. being dead , c rex legalis conjugii nexu olim solutus , ne quid ulterius inhonestum committeret , consilio radulphi cantuar . pontificis & principum regni , quos omnes in epiphania domini sub uno londoniae congregavit , decrevit sibi in uxorem atheleidem filiam godfredi ducis lotharingiae . . king john being divorced , the new queen was crowned , d de communi assensu & concordi voluntate archiepiscoporum , episcoporum , comitum , baronum , cleri & populi totius regni . . h. . declares e ad omnem notitiam volumus pervenire , quod de assensu magnatum & fidelium nostrorum ( words comprehensive of a parliament , precedent and future authorities in the like case considered ) acceptabimus ducere in uxorem legitimam alianoram filiam nobilis viri p. comitis provinciae , &c. he having had once a purpose to marry the king of scots younger sister . proposuit rex ( sayes the f historian ) ducere in uxorem regis scotiae sororem , indignantibus comitibus & g baronibus suis universis ; non enim ut dixerunt decebat quod rex duceret filiam natu minorem cum hubertus justiciarius ( meaning hubert de burgo ) natu majorem haberet sibi matrimonio copulatam . . edward the second , h pro solempnitate sponsalium & coronationis , consulted with his parliament in his first year . . and an. e. . the chancellor declaring the reasons of the assembly of the parliament , amongst others tells them , that it was to i consult and resolve , whether the king should proceed with france for recovery of his seignories , en voie de amiable trete per aliance de mariage , ou de guerre . . in the d year of h. . that great favourite , william de la pole , marquess of suffolk , then chancellor , by the kings command informs the parliament , k that the marriage with margaret the sicilian kings daughter , was contracted for inducing the peace made with france ; against which the lords , as being made without their advice , made protestation , and caused it to be entred upon the parliament roll ; but it appears the commons agreed to it , by the petition which they put up to the king , whereby they recommended by the chancellors interest , his services and actions , praying his grace to accept him to his gracious favour and good acceptance , and that he was a great instrument of the intended peace and marriage , which the commons well liked of , though the lords did not . . the lords spiritual , temporal and commons , tell the king , l that they had considered , how that the pretended marriage between e. . and elizabetl . gray , was made of great presumption without the knowledge and assent of the lords of this land. . and in the parliament h. . the commons by thomas lovell their speaker , did m petition the king to marry elizabeth , edward the fourths daughter , which he at their request ( back'd by the lords ) agreed to do : the memorial of which is thus recorded in the parliament roll. memorand . quod decimo die decembris anno praesenti communes regni angliae in pleno parliamento coram domino rege comparentes , per thomam lovell prolocutorem suum regiae celsitudini bumillime supplicabant eandem celsitudinem assectuose requirentes , co considerato quod authoritate parliamenti stabilitum est & inactitatum quod baereditates regnorum angliae & franciae cum praeeminentia & potestate regali sint , restent , remaneant & permaneant in persona ejusdem domini regis & haeredum de corpore suo legitimè exeuntium , eadem regalis sublimitas vellet sibi il lam praeclaram dominam elizabetham regis edwardi quarti siliam in uxorem & conthoralem assumere , unde per dei gratiam sobolium propagatio de stirpe regum à multis speratarum in totius regni consolationem consequeretur . quare domini spirituales & temporales in eodem parliamento existentes à sedibus suis surgentes & ante regem in regali solio residentem stantes capitibus suis inclinatis eandem requestam fecerunt voce divisa : quibus idem rex respondebat ore preprio , se juxta eorum desideria & requestas procedere fuisse contentum . . anno domini . anno h. . the parliament sent a declaration or letter to the pope , touching the marriage and divorce of that king from queen katherine , telling him , that n causa regiae majestatis nostra cujusque propria est à capite in membra derivata , dolor ad omnes atque injuria ex aequo pertinet , and that if his holiness did not give his consent , nostri nobis curam esse relictam & aliunde nobis remedia conquiramus , that is , in plain english , if the pope would not do it , they would , which indeed afterwards they did . to which pope clement the seventh sent an answer directed thus , venerabilibus fratribus archiepiscopis & episcopis ac dilectis filiis abbatibus nobilibusque viris ducibus , marchionibus , comitibus , baronibus , militibus , ac doctoribus parliamenti regni angliae . . the marriage of king philip and queen mary , it is true , was treated on before , yet nothing could absolutely be concluded till the whole treaty and articles of marriage were solemnly and solidly debated in parliament , o which being agreed to , they confirm and establish them by a law. . we your majesties most humble subjects , cannot forbear , but with all humbleness most thankfully to set before the same , our most lowly thanks for three special matters proceeding from your majesty to our benefit , joy and comfort in this present assembly . first , for the more princely consideration had of us in the forbearing at this time some portion of that , which according to the greatness and necessity of your affairs , we of duty meant and intended to have yielded unto your majesty . secondly , for the most comfortable assurance and promise by your majesty made and declared unto us , that for our weal and surety , your majesty would marry as soon as god should give you opportunity to accomplish the same , whereof we have received infinite comfort , and shall pray to almighty god to further and prosper all your majesties actions tending thereunto , that we your most natural subjects may speedily see some noble issue of your body , to continue perpetually by descent the succession of this imperial crown . thirdly , for the great hope and comfort we have conceived by the means of your majesties most honourable speech , uttered and declared unto us , of your most gracious and princely disposition and determination , when time thereunto shall serve conveniently , with the surety of your majesties person , and the weal and tranquillity of your realm , to have due regard to the further establishing of the succession of your imperial crown . p quod omnes tangit , ab omnibus approbetur . the journal of the house of commons . the journal of the proceedings of the house of commons , in the session of parliament bolden at westminster , an. reg. eliz. a. d. . which began there ( after divers prorogations of the same ) on monday the th of september , and then and there continued until the dissolution thereof on thursday the d day of jan. an. reg. ejusdem . this journal of the house of commons in this present session of parliament de an. regin . eliz. is not only replenished with excellent matter , touching the usual orders and liberties of the house , but also enriched with the unusual election of a new speaker , and with the extraordinary agitation of those two great businesses , touching her majesties marriage , and declaration of her next successor , in default of the issue of her own body . which having been moved in the first session of this parliament , in an. regin . eliz. and been then well accepted by her majesty , gave her now much distast , being again too earnestly and plainly pressed by them , as her highness did fully intimate upon the last day of this present session , before the dissolution thereof ; in which also it is to be noted , that seymour eque , being still clerk of the house of commons , although this were the last parliament in which he served , the passages thereof are recorded in the original journal-book of the said house , far more imperfectly and briefly , than in the ensuing parliaments of her majesties reign , when fulk on slow esq succeeded him in the said place . there were finally between that session in an. regin . eliz. and this now following in an. regin . ejusdem , six several prorogations ; of which the first was had on saturday the th day of april in the afternoon ( when the said first session in the fifth year of her majesty ended ) and by it the said parliament was prorogued unto the second day of october next ensuing , and on the said second day of october , in respect that the plague and pestilence was very rife in london and westminster , it was further prorogued unto the fifth day of october , which should happen to be in the year of our lord . ( which fell out to be in an. regin . eliz. ) and on the said fifth day of october , in anno praedicto , it was further prorogued unto the th day of april next ensuing , which fell out to be in anno regin . eliz. an. dom. . and on the th day of april in anno praedicto , it was further prorogued unto the th day of october then next ensuing , which fell out to be in the same year . and on the said th day of october , in anno praedicto , it was again prorogued unto the th day of feb. next ensuing ( which fell out to be in the eighth year of her majesties reign . ) and on the th day of february in anno praedicto , it was lastly prorogued unto the th day of september being monday in anno supra memorato regin . eliz. annoque dom. . in which it is to be noted , that thomas williams esq the speaker of the said house of commons , in the first session of this parliament , in anno regin . eliz. was not present at any of the said five prorogations ( except at the first only , as is specially set down in the original journal-book of that house , de an. isto eliz. praesato ) although , it should seem , he were then living , and died not until after the said fifth prorogation , and before the said sixth and last ; after which this present session in an. regin . eliz. began on the foresaid th day of september , in manner and form following . on monday the th and last day of september , this session of parliament in an. reginae eliz. held , according to the sixth prorogation thereof on the th day of february foregoing ; whereupon both the lords and commons did each of them assemble and meet in their several houses , as at any other ordinary time , without pomp or solemnity ; this being , as hath been observed , no new parliament , but only the last session of that parliament , which had been first begun at westminster , on tuesday the th day of january , in an. regin . eliz. anno dom. . and continued by many several prorogations , unto this present monday , being the last day of september as aforesaid . but as soon as the knights , citizens and burgesses had assembled themselves in the house of commons , and neither unmindful of the weighty charge committed unto them , nor letting slip the opportunity of the time offered , had begun to make entry ( as it were ) to treat of that they had in hand , they immediately found their defect , and want of their mouth and speaker , thomas william esq , lately from them by death bereft , which was there openly and manifestly made known unto them , by sir edward rogers knight , comptroller of her majesties houshold . for remedy of which defect , they fell to consultation , what was most meet to be done , in that so needful , unexpected , and unexperimented cause . in which deliberation , it was thought good , and wholly agreed upon , that the said sir edward rogers knight , a chief member of that assembly and fellowship , accompanied with sir francis knolles knight , her highness vice-chamberlain , sir william cecill knight , her majesties chief secretary , sir ambrose cave k t , chancellor of her highness dutchy of lancaster , four chief members of that assembly and fellowship , and divers others , to the number of twelve persons , should ( as sent from and with the mind of the whole house ) make their relation of this so happened , unto the lord keeper of the great seal , and unto all the foresaid lords , at that time likewise being in their court , in mindful attendance to their charge ; and therewith also in humble wise should request them , to have their aid and conjunction , both for the intimation of the matter unto the queens highness , and also for knowledge of her gracious good pleasure and will therein ; all which matter and petition , the said m r comptroller , assisted with the personages and company as aforesaid appointed , did in comely order , and discreet modesty , make manifest and known unto the said lords . after which the lord keeper , first requiring the said personages a while to withdraw themselves , then commended the order of the matter unto the said lords , sitting in consultation for the same ; by whom , upon considered advice therein had , it was by them all thought seeming , to signifie unto the said commons , by the personages aforesaid sent , that they thought it expedient and good , the said lord keeper , the lord treasurer of england , the duke his grace of norsolk , and the lord marquess of northampton , accompanied with the four before-recited personages of the said commons house , being all of her highness most honourable privy-council , should in the name of both the assemblies , with all humbleness and due celerity , make intimation of their said estate , and the petition thereupon depending , unto her said highness . to which advice the said commons , upon knowledge had of the same , wholly assented . and then it was agreed , that the house should meet again on the morrow following at nine of the clock . on tuesday the first day of october , the knights , citizens , burgesses and barons of the house of commons , being assembled together in their own house , about nine of the clock in the forenoon , report was made unto them ( by sir edward rogers knight , comptroller of her majesties houshold , as is most probable , in respect that he was the chief privy-councellor of the house ) that her majesty had been moved according to the former order , for her licence to chuse a speaker , and that they should receive answer thereof this day in the upper house ; and thereupon , as soon as they had notice , that divers of the lords , spiritual and temporal , with sir nicholas bacon knight , lord keeper of the great seal of england , were assembled in the upper house , and expected their repair thither , they presently went up unto the lords , where the lord keeper shewed forth a commission from her majesty under the great seal of england , directed unto him , which he commanded the clerk openly to read . which said commission , as also the greatest part of the foregoing days passages , are transcribed out of the original journal-book of the upper house , and inserted here , as into the due and proper place . which very things were in part also mentioned in the original book of the house of commons , with the passages of this present tuesday , although in both i have not omitted to supply some things my self , which might easily be gathered by the comparing of several things together . the tenor of the said commission ensueth verbatim . elizabeth , by the grace of god , queen of england , france and ireland , defender of the faith , &c. to our right trusty and right well beloved chancellor , sir nicholas bacon knight , lord keeper of our great seal of england , greeting . where in the beginning of this present parliament holden at westminster the th day of january , in the fifth year of our reign , the knights , citizens and burgesses being assembled in the same year , in the same parliament , were commanded by us , to go to their accustomed place , and there to chuse among themselves one , to be their speaker , according to their accustomed manner ; whereupon the same knights , citizens and burgesses , did elect and chuse one thomas williams esq to be their speaker , and the same their election did afterwards certifie unto us , which we did allow and ratifie ; since which time this our present parliament hath been continued by divers prorogations , until the . of september , in this present eighth year of our reign , at which day the lords spiritual and temporal , and also the said knights , citizens and burgesses being assembled , for this present parliament at westminster , in their accustomed places , the said knights , citizens and burgesses have declared unto us , that the said thomas williams since the last session of this present parliament , is dead . and thereupon have made their humble suit and petition unto us , that they might have licence and commandment from us , to proceed to elect among themselves , one other to be their speaker for the rest of this present parliament yet to come . wherefore we , having certain and perfect knowledge , that the said thomas williams is dead , as they have alledged , and considering their humble petition and request , very meet and necessary to be granted , have appointed and constituted you , and by these presents , we do will , command , constitute and appoint you , for us and in our name , to call the said knights , citizens and burgesses before you , and other the lords spiritual and temporal , assembled in this our present parliament , in the higher house of our parliament at westminster , and there for us , and in our name , to will and command the said knights , citizens and burgesses , to resort to their accustomed place , and there to elect and chuse amongst themselves , one sufficient and able person , to be their speaker for the rest of this present parliament to come ; and after they have so made their election , that then three or four of them , for and in all their names , shall signifie the same unto us . and thereupon we will further signifie our pleasure unto them , what day and time they shall present the person elected before us , as heretofore hath been in like cases accustomed to be done ; wherefore our will and pleasure is , that you do diligently attend about the doing of the premises , and execute the same with effect . in witness whereof we have caused these our letters of commission to be sealed with our great seal of england . witness our self at westminster , the first day of october , in the eighth year of our reign . the residue of this days passages follows out of the journal of the house of commons . as soon as the said commission had been read , the knights , citizens and burgesses , and barons of the house of commons , departed into their own house ; where sir edward rogers knight , comptroller of her majesties houshold , declared unto them , that for as much as richard onslow esq , her majesties sollicitor general , was a member of their said house , being elected a burgess for the borough of ..... in the county of sussex , they would use some means to have him restored unto them ( who as yet attended in the upper house ) to join with them in their election of a speaker . and thereupon , notice thereof being given to the lords of the upper house , upon consultation had amongst them , the said m r onslow was sent down with the queens serjeant at law , m r carus , and m r attorney general , to shew for himself , why he should not be a member of this house , who alledging many weighty reasons , as well for his office of sollicitor , as for his writ of attendance in the upper house , was nevertheless adjudged to be a member of this house . and thereupon proceeding to the election , m r comptroller nominated m r onslow to be speaker , who humbly disabled himself , as well for non-ability of substance meet for that place , as also for his oath made to the queens majesty , and required them to proceed to a new election ; upon whose arguments the house was divided , and the number to have him speaker was eighty two , and the contrary was sixty . and immediately m r comptroller , and m r vice-chamberlain , brought him from his place , to the chair , and there set him down . on wednesday the second day of october , between three and four of the clock in the afternoon , the knights , citizens and burgesses of the house of commons , repaired to the upper house ( having notice that her majesty with the lords and divers others were already set in the said house , expecting their coming ) where richard onslow esq , their speaker elect , was led up to the rail or bar at the lower end of the said house , between sir edward rogers knight , comptroller of her majesties houshold , and sir francis knolles knight , her highness vice-chamberlain , and so presented unto her majesty ; where having disabled himself in many respects , he was notwithstanding allowed by her majesty , by the mouth of the lord keeper . after which having desired free access to her highness , and pardon for himself , if he should in any thing unwittingly fail or mistake ; the lord keeper , by her majesties commandment , declared her full assent to the said particulars . and thereupon the said speaker , being now compleatly and perfectly invested in his place , departed back with the residue of the house of commons , unto their own house ; where according to the usual form , one bill had its first reading ; viz. the bill how sanctuary-persons shall be compellable for payment of their debts . nota , that the passages of this afternoon , containing in them the manner of the presentment and allowance of the speaker , were in part transcribed out of the original journal-book of the house of commons , and in part out of a certain anonymous memorial i had by me , containing the foresaid matters at large ; in both which , it doth appear directly , that the said richard onslow esq , her majesties sollicitor general , now speaker of the said house , did contrary to all former and latter presidents , only petition her majesty in behalf of the house , for free access ; and did very ignorantly omit , or carelesly forget to mention those two other antient and undoubted priviledges of the same house ; viz. liberty of speech , and freedom from arrests for themselves and followers ; or else perhaps he thought and conceived , that those said rights of the house were so evident and unquestionable , as they needed no further confirmation . and doubtless , whatsoever the said m r onslow conceived , yet the event at this session of parliament , notwithstanding his omission , made it most clear , for those two great businesses of her majesties marriage , and declaring a succeslor , coming into agitation at this time , m r mounson , m r bell , m r paul wentworth , and others used so great liberty of speech , as ( i conceive ) was never used in any parliament , or session of parliament before , or since . nor were they any less zealous to maintain and preserve that their other priviledge of freedom from arrests ( omitted likewise by the said m r onslow ) when occasion was offered , than at any other time . a motion sinally was made this day by sir william cecil , her majesties principal secretary , that one hen. green , burgess for hereford , was come up to attend ; and that the plague was in the said town at his coming away : and thereupon it was ordered by the house , that he should not come thither but have licence to depart . it was ordered , that the house should be called upon friday next . this day m r speaker took the oath , which i conceive was the oath of supremacy , in such form and manner , as other members of the house have it administred unto them ; saving only that he takes it in the presence of the house . on thursday the third day of october , were divers arguments made touching the oath , which the new burgesses ( elected in such places as were void since the last session , in an. regin . eliz. ) should take ; being , as i conceive , the same oath of supremacy , which the other burgesses had taken at the beginning of the foresaid session , in the fifth year of her majesty . and at last it was fully resolved by the said house , that they should take the said oath accordingly . and m r comptroller of her majesties houshold , was appointed to minister the said oath unto them ; ut vide in die veneris jam proximè sequente : vide oct ob . . tuesday postea . this day the clerk of the house , and serjeant at arms , took the oath , which was doubtless that of supremacy ; but how this should happen , that the clerk of the house should take the same , i cannot guess . for he , being an officer for life , taketh the same only at his first coming into the said place , and never after . and at this session of parliament ..... seymor esq continued in that place , which he had held many years before ; and the first parliament in which fulk onslow esq his successor did serve , was in the next following in anno regin . eliz. m r thomas broomly , being elected both a burgess for the borough of guildford in the county of surrey , and one of the knights for london , upon his election to stand for guildford , it was resolved by the house , that a new writ should go out for the choice of another knight , to be returned for london . the long bill touching informations with costs for the defendant , was read the first time ; and the bill touching sanctuaries , was read the second time , and committed ( as it seemeth ) to m r recorder and others . on friday the th day of october , the bill for answering the queens majesties revenues in the hands of receivers , was read the first time . sir francis knolles , her majesties vice-chamberlain , declared unto the house , that the deputy to the lord steward , by the constitution of the queens majesties houshold , is taken to be m r treasurer , or m r comptroller , and the oath to be taken before one of them , and that the queens majesty hath appointed sir edward rogers knight , her said comptroller , to take the oath ( at this time usually accustomed to be administred ) of the knights and burgesses , as lord steward for that purpose . nota , that there being at this time no lord steward of her majesties houshold , it is here said ( which is worthy much observation ) that by the constitutions of the queens houshold , when there is no lord steward , the treasurer or comptroller of her said houshold are taken to be of common usage and course his deputy , to all intents and purposes . nota also , that none of the knights , or burgesses , which had been present , at the first session of this parliament , in an . regin . eliz. and had then taken the oath of supremacy , did now take it again ; but only such of them , who had been newly elected , and returned for places void since the ending of the said first session , as see more at large on tuesday the th day of this instant october following . the house was appointed to be called on monday next at eight of the clock . the bill touching informations upon penal statutes , with costs for the defendants , was read the second time , and committed ( as it seemeth ) to sir nicholas throgmorton , and others . on saturday the th day of october , the bill for answering the queens majesties revenues , in the hands of receivers , was read the second time , and committed ( as it seemeth ) to m r vice-chamberlain , and others . the new bill also to avoid sanctuaries for debt , was read the first time . and lastly , the long bill of apparel , as well for temporal men as spiritual , and also for women , was read the first time , and was thereupon ( as it should seem ) committed unto m r comptroller and others , to consider of it . on monday the th day of october , the new bill to avoid sanctuaries for debt , was read the second time , and ordered to be ingrossed . after which , upon allegations made for the exemption of the sanctuary of westminster , by the dean thereof , a day was given unto him , on friday next at nine of the clock , to attend in the house , with his learned councel , to shew cause , why the said sanctuary should be exempted . vide also touching this matter on wednesday the th day of this instant october . christopher haies a merchant of london , made suit to come into the house , to put them in remembrance of some matters of weight , and being heard , thanks were given him for his motion ; but what the said motion was , through the clerks great negligence is wholly omitted , neither is it possible to gather by the journal-book it self to what end it tended , although it may not improbably be conjectured , that it was touching matters of merchandize , or shipping . the business ( which had been disputed of in the house on thursday foregoing ) was this day again debated , and ( as it should seem ) some moved to know , whether the antient knights and burgesses still remaining , since the last session , in anno regin . eliz. ought not to take again the oath of supremacy , as well as those that were newly elected , and returned . although it were the general opinion , and vote of the house ( as may be gathered ) that the new knights and burgesses only , should be sworn ; yet it was committed to m r secretary cecill , m r vice-chamberlain , m r kingsmill and others ( not named ) to consider thereof , and to certify the house , which they did accordingly , on the morrow following . on tuesday the th day of october , the bill touching the ingrossing of tallow , and kitchin-stuff , was read the first time . m r kingsmill one of the committee appointed yesterday to consider whether the antient members of the house , which had taken the oath the last session in an. regin . eliz. should now have it administred unto them again , or whether those only who were newly elected , and returned at the beginning of this present session , ( and to certifie thereof accordingly ) made declaration this forenoon , by the assent of the said committee , that the former knights and burgesses should not be sworn , but those only who were newly returned . a motion was made that ..... gardiner , one of the burgesses of the house , remained now prisoner in the flect , and desired to be restored to the said house ; whereupon the master of the rolls , and the master of the requests , were appointed by the house to repair unto the lord keeper ( in the name of the same house ) to know the cause of his said imprisonment , and to demand his restitution . to which question and request , the said lord keeper did send his answer by them , on the morrow following . on wednesday the th day of october , two bills had each of them their first reading ; of which the second was the bill for buying of course woolls in the north parts . the master of the rolls ( who had been sent yesterday with the master of requests , unto the lord keeper , touching ..... gardiner , a member of this house ) declared from his lordship , that he might be restored to this house again , with condition that upon prorogation , or dissolution of this present session of parliament , he might be prisoner again . two bills had each of them one reading , of which the second being the bill touching ingrossing of tallow , and kitchin stuff , was upon the second reading rejected . on thursday the th day of october , two bills had each of them their first reading ; of which the second being the bill for continuance of divers acts of parliament , to the end of the next parliament , was read the first time . the new bill also touching apparel of the laity and clergy , was this day brought into the house ; but whether it was read or no , cannot certainly be set down . the dean of westminster ( who had been appointed on monday the th day of this instant october foregoing , to shew the priviledges of the sanctuary of the said church ) had further day given him this instant thursday , upon the motion of m r speaker , until wednesday next , being the th day of this instant october following . on friday the th day of october , the bill that sussex and surrey , and other counties , never having but one sheriff , may have several sheriffs , was read the first time , and under the title of the said bill , at the bottom of it , is written m r vice-chamberlain , which is all that is usually done also under the title of any bill , which is committed upon the second reading , whether m r vice-chamberlain or any other be one of the committees named ; such is the imperfect setting down of things in these former times : and therefore to what end m r vice-chamberlains name should be added in this place , i cannot guess , unless this bill were committed upon the first reading ( as many others have been ) or else that he brought in the bill , and commended it to the house . the new bill against informers upon penal statutes , was this day brought into the house , and read the first time . on saturday the th day of october , the bill touching prices of barrells by coopers , as in the statute anno hen. . was read the first time . two bills lastly against informers upon penal statutes , were each of them read the second time ; and ( as it should seem ) were thereupon committed to m r vice-chamberlain and others . on monday the th day of october , three bills had each of them one reading ; of which the third being the bill touching prices of barrels and kilderkins , sold by coopers , was upon the second reading ordered to be ingrossed . upon complaint made by m r graston against one philpot , a pursuivant in the court of wards , touching two promoters for extortion , the said pursuivant was sent for . on tuesday the th day of october , the new bill touching apparel to be worn by the laity , and clergy , was read the second time ; and , as it should seem , was thereupon committed to m r vice-chamberlain and others . two bills were brought from the lords to the house of commons , by m r serjeant carus , and m r attorney ; of which the first was the bill touching fines and recoveries ; and the second was the bill to take away clergy from offenders in certain cases . on wednesday the th day of october , two bills of no great moment , had each of them one reading ; of which the second being the bill for assurance of fines and recoveries to be good , from the beginning of the reign of queen eliz. although the original be imbezelled , was read the first time . this morning finally the dean of westminster ( according to the appointment of the house on thursday last , the th day of this instant october foregoing ) was present at the bar , with his councel ; viz. mr. edmond plowden of the middle-temple , and mr. ford a civilian . the dean himself made an oration in defence of the sanctuary , and alledged divers grants by king lucius and other christian kings , and mr. plowden alledged the grant for sanctuary there by king edward five hundred years ago ; viz. dat. in an. . with great reasons in law and chronicle ; and mr. ford alledged divers stories and laws for the same ; and thereupon the bill was committed to the master of the rolls , and others ( not named ) to peruse the grants , and to certifie the force of the law now for sanctuaries . on thursday the th day of october , the bill affirming the consecration of archbishops and bishops within this realm , was read the second time , and ordered to be ingrossed . sir edward rogers knight , comptroller of her majesties houshold , moved the house to have consideration of the queens majesties late great and extraordinary expences , to proportion out some supply accordingly . and thereupon sir william cecil knight , her highness principal secretary , made an excellent declaration of the queens great charges in defending new-haven in france , in repairing and increasing the navy and munition , her charges also against john oneyle in ireland ; and immediately thereupon , all the privy-council being members of this house , the master of the rolls , and forty others of the house , whose names are omitted through the negligence of the clerk , were nominated and appointed to consider of the rate and payment of some supply and aid to be given to her majesty , and ordered to meet to morrow in the afternoon , in the star-chamber . on friday the th day of october , four bills had each of them one reading , of which the last being the bill touching prices of barrels and kilderkins , was read the third time . a motion was made by mr. molineux , for the reviving of the suit touching the declaration of a successor , in case her majesty should die without issue of her own body ; which suit had been first moved by the house , and their petition preferred therein , in the first session of this parliament , in anno regin . eliz. and that the said business touching the declaration of a successor , and the subsidy bill might proceed together , which motion was very well approved by the greater part of the said house . and thereupon divers propositions and reasonings ensued , this great business being once moved , although it should seem in the conclusion thereof , that the greater part of the house were resolved to recontinue the said suit , and to know her highness answer : although sir ralph sadler knight banneret , one of her privy-council , had declared and affirmed unto the house , that he had heard the queen say , in the presence of divers of the nobility , that for the wealth of the realm , her highness was minded to marry . vide plus concerning this matter on monday the th day of november following , whither all the days are referred , on which this business was agitated . on saturday the th day of october , the bill touching fines and recoveries to be good from the beginning of the reign of queen elizabeth , although the originals be lost , was read the second time , and , as it should seem , was committed to m r seckford and others . three bills finally were brought down to the house from the lords , of which one was the bill for the indenization of john stafford , born beyond the seas ; and another for prevention of fraudulent gifts in bankrupts . mr. secretary cecill , and sir francis knolles , her majesties vice-chamberlain , declared unto the house , that the queens majesty was , by gods special providence , moved to marriage , and that she mindeth for the wealth of her commons , to prosecute the same . sir ambrose cave chancellor of the dutchy , and sir edward rogers comptroller of her majesties houshold , affirmed the same , and thereupon perswaded and advised the house to see the sequel of that , before they made further suit touching the declaration of a successor . but against this opinion divers lawyers of the house ( although their names are negligently omitted , the chief of them being mounson , bell , and kingsmill ) did argue very boldly and judiciously . and so prevailed with the greatest part of the house , as that it was resolved , contrary to the foregoing motion of those of her majesties privy-council , to recontinue their suit touching the declaration of a successor , and to get the queens answer . and to that end it was ordered , that all the privy-council being members of this house , with forty four others ( whose names are omitted in the original journal-book of the said house ) should meet to morrow , to consult and advise in what manner they might move the lords of the upper-house , to join with them in this matter . this is the second day in which this great business was agitated in the house of commons , upon which doubtless those four privy-councellors , who first moved to have a stop made of it , did it not without her majesties special direction ( who , as it is very probable , foresaw even then the great inconveniencies , which the further prosecution thereof would produce ) as see more at large , that it did indeed so fall out , upon monday the th day of november ensuing . m r secretary cecill ( seeing his former motion could not prevail to stop the foregoing resolution of the house , partly , as may be conjectured , to divert it , and partly that the matter of supply might preceed it ) made a declaration of the rates of one subsidy , and one fifteenth and tenth , according to the proportion of that subsidy which had been given in the first session of this parliament ( in an . regin . eliz. ) but withal proposed further days of payment . october the th sunday . on monday the th day of october , some addition , which had been annex'd to the bill touching coopers ( as it should seem ) after the third reading thereof ( which was on friday the . day of this instant october foregoing ) was read the first , second and third time , and so passed with the bill . three other bills had each of them one reading ; of which the first being the bill to take clergy from cut-purses and pick-purses , was read the third time , and passed upon the question . these two foregoing bills , which passed this house this morning , were sent up to the lords by mr. comptroller , with all the committees ( who were appointed on saturday the . day of this instant october foregoing , in the great business touching her majesties declaration of a successor ) with order also from the house to move the lords to join with this house , in the said suit to her majesty ( vide plus concerning this business , on monday the . day of november ensuing . ) three bills had each of them one reading , of which the first being the bill for sealing of cloaths by the alneager of lancaster , was read the second time , and ( as it should seem ) committed to mr. southerly and others . the committees brought word from the lords , upon their request , that they coming again to the lords on the morrow following , should have answer . on tuesday the . day of october , the bill confirming the consecration of archbishops , and bishops within this realm , was read the third time , and passed upon the question . doctor vaughan and mr. martin brought word from the lords , that their lordships desired the committees of this house , to defer their coming unto them until to morrow . but about what business the said meeting should then be , is through the great negligence of mr. seymour , at this time clerk of the house of commons , wholly omitted : although it were doubtless touching those two great businesses ; of her majesties marriage , and the declaration of her next successor . for the consideration of which , the house had appointed a select committee ( being the same here mentioned ) on saturday the . day of this instant october foregoing , and had yesterday sent them up to the lords , to 〈◊〉 their lordships to join with them in petitioning her majesty , touching the same . and it should seem the reason why their lordships deferr'd their answer this day , contrary to their appointment yesterday , was because the archbishop of york , the earl of northumberland , and eighteen other lords spiritual and temporal , were first appointed to repair in the afternoon of this present tuesday , unto her majesty , to know her pleasure therein , as may directly be gathered out of the original journal-book of the upper house . vide novemb. . postea . on wednesday the . day of october , mr. comptroller and the other committees ( appointed on saturday the . day of this instant october foregoing ) were sent up to the lords , with the bill for declaring the manner of making and consecrating of archbishops and bishops within this realm to be good , lawful and perfect ; and , as it should seem , had order likewise to desire of the lords their resolution touching those two great businesses of her majesties marriage , and declaration of a successor ; and that mr. bell , mr. mounson , and mr. kingsmill , three others of the said committee , should make declaration of the said matters unto their lordships . for upon the return of the same committees from the lords , towards the end of this forenoon , they made report to this purpose , accordingly . ten bills had each of them their first reading , of which the first was the bill to confirm by parliament the queens letters patents for an hospital at gloucester ; and the second touching demurrers after verdict , how exceptions should be entred . mr. comptroller with the rest of the committees ( which had been sent up to the lords this morning ) returning from them , shewed that their lordships having heard the several declarations of mr. bell , mr. mounson , and mr. kingsmill , and others of the said committee , touching those two great businesses of her majesties marriage , and declaration of her next successor , who had spoken very amply and fully unto their lordships , were resolved to deliberate further ( as the great weight of the matters in hand required ) and to send word thereof to this house accordingly . vide at large concerning this business , on monday the . day of november ensuing . on thursday the . day of october , the bill for corporation of merchant adventurers , for discovery of new trades , was read the first time . it was ordered , that a warrant should be granted to require a writ for the election of a new burgess for abingdon , in the county of berks , in the place of oliver hide deceased . two bills also had each of them one reading , of which the first being the bill touching demurrers , how they shall be entred , was upon the second reading ordered to be engrossed . on friday the . day of october , two bills had each of them one reading ; of which the first was intituled , the bill amended for apparel of all states under the prince . mr. serjeant carus , and mr. attorney , brought word from the lords , that the committees of this house ( appointed on saturday the . day of this instant october foregoing ) might be sent up to : their lordships to receive their answer . whereupon as many of the committees as were then present , without others in the places of those that were absent , went up to the lords , and soon after returned , and brought word down to the house , that their lordships would join with this said house in the suit to her majesty , touching her majesties marriage , and the declaration of a successor . vide plus concerning this matter , on monday the . day of november ensuing . the bill touching cutlers of london to have search of that art in divers places in and about london , was read the first time . on saturday the . day of october , two bills had each of them their first reading ; of which the first was the bill for the inning of the residue of plumsted-marsh ; and the second the bill touching informers for execution of penal statutes , and under it was written thus . wray . a like president to which see on friday the . of this instant october foregoing , where the reason of it is conjecturally discussed . on monday the . day of october , two bills had each of them one reading ; of which the first being the bill touching the making of steel , and iron-wyer within this realm ; and the second being the bill for one fifteenth and tenth , and also a subsidy , as well of english persons as strangers , were each of them read the first time . on tuesday the . day of october , three bills had each of them one reading ; of which the last being the bill confirming the letters patents for the hospital at gloucester , was read the second time ; and ( as it should seem ) committed to mr. arnold , and others . a warrant was granted for a writ to be made , and sent out for the election of a new burgess for the borough of graunpound , in the county of cornwall , in the place of christopher perne , reported to be lunatick . a warrant also was granted to william jones , servant to sir thomas gerrard knight , one of the knights for the county of lancaster , to attain priviledge ( that is to have his priviledge allowed ) who was summoned to answer at london in a plea of debt of ten pound , at the suit of john allen and emme his wife . on wednesday the . day of october , the bill touching informers for execution of penal laws , was read the second time , and ordered to be ingrossed . the lords sent word by mr. serjeant carus , and mr. attorney , that they have chosen of themselves thirty , and require a number of this house to be joined with them , to consult of the suit to the queens majesty ( touching those two great businesses of her majesties marriage , and declaration of a successor ) and to send up word to morrow of the number chosen . vide concerning this matter on monday the . day of november following . on thursday the . day of october , upon the report of the bill for sanctuaries , it was agreed to be ingrossed : but what the effect of the said report was , or by whom it was made , appeareth not in the original journal-book of the house of commons ; but may easily be collected by comparing this foregoing matter , with the former agitation of this business on wednesday the . day of this present october foregoing . for this bill of sanctuaries having had its first and second reading on monday the . day of the same month , was then staid from ingrossing , upon the motion of the dean of westminster , upon his pretending that it was prejudicial to the liberties and priviledges of the said church ; and thereupon having been heard himself at large , and his councel also on the foresaid . day of october , the whole business was referred to the master of the rolls , to consider of further , and thereupon to make report unto the house ; which , as it seemeth , having done accordingly , this present thursday morning , the house thereupon proceeded with the said bill , and ordered it to be ingrossed . two bills of no great moment , had each of them their first reading ; of which the second was the bill for explanation of the act for chantry lands . the house this day ( according to the request of the lords sent down yesterday by mr. serjeant carus , and mr. attorney ) appointed all the privy-council , being members of this house , and divers others , to repair unto the lords this forenoon ; which they performed immediately : but their names being very negligently omitted , by mr. seymour , at this time clerk of the house of commons , in this original journal-book of the said house ; are therefore supplied out of that of the upper house , being as followeth . sir edward rogers knight , comptroller of her highness houshold , sir francis knolles , her highness vice-chamberlain , sir william cecill , her majesties chief secretary , sir ambrose cave knight , chancellor of her highness dutchy of lancaster , sir william peeter , sir ralph sadler , sir walter mildmay , knights , all of her highness privy-council , sir thomas wroth the master of the rolls , sir nicholas throckmorton , sir morrice berkely , sir peter carew , sir john chichester , sir thomas gargrave , sir henry nevill , sir nicholas arnold , sir henry ashelie , sir john pollard , sir john perrott , sir gabriel carew , sir thomas gerrard , sir william chester , sir john white , sir john sellinger , sir john constable , sir ..... haistings , sir john moor , sir john southwrote , sir john thinn , sir g. turpin , sir henry gates , sir robert wingfeild , sir henry cheyney , and sir arthur champernown knights , mr. seckford , mr. bell , mr. mounson , mr. dalton , mr. colbie , mr. kingsmill , mr. mollineux , mr. mersh , mr. prat , mr. norton , mr. robert newdigate , mr. strickland , mr. wray , mr. sands , mr. recorder , mr. william fleetwood , mr. mountgomery , mr. thomas fleetwood , mr. heneage , mr. bartue , mr. alford , mr. henry knolles sen. , mr. hasset , mr. hawtry , mr. john haistings , mr. ashbie of the jewel-house , mr. colly , mr. william moor , mr. hilliar , mr. knight marshall , mr. robert manners , mr. barkham , mr. francis newdigate , mr. warncomb , mr. francis brown , mr. dunch , mr. withers , mr. robert bowes , mr. awberry , mr. haddon , mr. edward leighton , mr. young , mr. charles howard , and mr. wilson esquires . the names of these committees being thus transcribed out of the original journal-book of the upper house , now follows the issue of their said meeting and conference with the lords , out of the original journal-book of the house of commons ; which was , that after they had returned thanks unto their lordships for their readiness to join with them in their suit unto her majesty touching those two great businesses of her marriage , and the declaration of a successor ; their said lordships answer was , that on saturday next in the afternoon they would confer with them the said committees of the house of commons , in the utter ( or outward ) parliament chamber . the house adjourned it self until monday next ensuing , being the th day of november , and the committees before-named were appointed to meet in the mean time , on saturday morning , to agree upon such reasons , as they might offer to the lords in the afternoon of that day , to be presented unto her majesty , to perswade and induce her to marriage , or at least to the declaration of a successor . but what the issue of the conference was . between the committees of the lords and commons , doth no where appear in the original journal-books of the upper and commons house ; but it may bevery probably conjectured , that upon their meeting it was agreed , that the commons should not at all at this time prefer any petition unto her majesty , touching the said great businesses , because they had already perform'd it in the first session of this parliament , in an. regin . eliz. on thursday . the th day of january in anno praedicto , and that thereupon now the lords only should sue unto her majesty , in the foresaid great matters , if the said upper house should allow thereof . which resolution ( as it should seem ) was accordingly approved , and put in execution , as is very probable , upon tuesday the th day of november following . ut vide ibidem . on monday the th day of november ( to which day the house of commons had adjourned it self on thursday the th day of october foregoing ) three bills had each of them one reading ; of which the first being the new bill for the alneagers fees of lancashire , and for the length , breadth and weight of cottons , frizes and rugs , was read the first time . on tuesday the th day of november , five bills of no great moment , had each of them one reading ; of which the second being the bill for the having of one sheriff of one county in divers counties , was read the second time , and thereupon ordered to be ingrossed . the lords sent down m r serjeant carus , and m r attorney , to signisie unto the house , that the committees ( touching those two great matters of her majesties marriage , and declaration of a successor , whose names see on thursday the th day of october foregoing ) should come up unto their lordships ; who immediately thereupon did so . and shortly after , returning from the lords , they made declaration , that their lordships required , that thirty of this house should be before the queen in the afternoon , at the palace ( with thirty of the lords ) which were thereupon appointed , and chosen accordingly by m r speaker , out of the foresaid committees ( nominated on the th day of october foregoing ) to attend her majesty , and to understand what her pleasure was . post meridiem . the committees of the lords and house of commons attended her majesty this afternoon touching those two great businesses of her marriage , and declaration of a successor ; which i have supplied as a thing necessary for the understanding , both of the former and future agitation ( of which see more largely on monday the th day of this instant november following ) and what her majesties answer was , shall be needless to insert here , in respect that it was openly published by m r comptroller , and m r secretary cecill , on this ensuing morning . on wednesday the th day of november , two bills had each of them one reading ; of which the second being the bill for the cloth-workers of london to have search , was read the second time , and ( as it should seem ) committed to m r chancellor , and others . the bill touching informers for better execution of penal laws , was read the third time , and passed upon the question . m r d r vaughan , and m r yale , brought from the lords , the bill for hexamshire , and a proviso in the bill for bishops . sir edward rogers knight , comptroller of her highness houshold , and sir william cecill knight , her majesties principal secretary , read in writing notes of the queens majesties saying , before the lords and committees of this house ; tending that her grace had signified to both houses , by words of a prince , that she by gods grace would marry , and would have it therefore believed ; and touching limitation for succession , the perils be so great to her person , and whereof she hath felt part in her sisters time , that time will not yet suffer to treat of it . whereupon all the house was silent . vide plus concerning this matter on monday the th day of this instant november following . the proviso added to the bill for archbishops and bishops , was read the first time . on thursday the th day of november , three bills had each of them one reading ; of which the last being the bill for confirmation of the hospital of s t bartholomews in gloucester , was read the third time , and passed upon the question . on friday the th day of november , two bills had each of them one reading ; of which the first being the bill for wearing of caps on holy-days , and not hats , was read the first time . m r lambert began a learned oration , for iteration of the suit to the queens majesty for limitation of succession ; and thereupon strongly reasoned for both parts : whence it appeareth plainly , that though her majesty satisfied the lords by her former answer on tuesday the th of this instant november preceding ( the effect of which was , that she was desirous to incline her mind to marriage ; but could not declare a successor , in respect of the great danger thereof ) yet those of the house of commons rested not contented therewith , but only resting upon her majesties promise touching her marriage , they still discoursed of , and resolved to press further , that other part of their former suit touching the declaration of a successor ; as appeareth by this foregoing motion of m r lambert , and by the sequel afterwards ; touching all which , see more fully on monday the th day of this instant november ensuing . on saturday the th day of november , two bills of no great moment , had each of them one reading ; of which the first being the new bill for carrying of rams , or sheep , over sea , to be felony , was read the first time ; and the second being the bill to avoid delays upon verdicts and demurrers in law , was read the third time , and passed upon the question . sir francis knolles knight , her majesties vice-chamberlain , declared the queens majesties express commands to this house , that they should no further proceed in their suit , but to satisfie themselves with her highness promise of marriage . after whom m r secretary cecill , and m r comptroller , severally rehearsed the like matter . so that by this it may be gathered , that her majesty understanding of m r lambert's motion made yesterday , and fearing that the house should fall a fresh upon the discussion of this business , did now send her express inhibition to prevent it , by these forenamed honourable personages ; of which matter see more at large on monday the th day of this instant november following . the bill for two sheriffs to be several of oxon and berks , was read the first time . it is ordered , that if after the reading of the first bill , any of the house depart before the rising of m r speaker , without licence of m r speaker , that then he shall pay to the poor mans box four pence . sunday november the th day . on monday the th day of november , two bills had each of them one reading ; of which the first being the bill for confirmation of letters patents , made to the cordwayners of london , was read the first time . paul wentworth a burgess of the house , by way of motion , desired to know whether the queens command and inhibition , that they should no longer dispute of the matter of succession ( sent yesterday to the house ) were not against the liberties and priviledges of the said house ? and thereupon arose divers arguments , which continued from nine of the clock in the morning till two of the clock in the afternoon . but then , because the time was far spent , all further debate and reasoning was deferred until the next morning . and , as it should seem , no certain resolution of the house given therein ; neither doth it appear in the original journal-book of the house of commons , either what the effect of these arguments were , or by whom uttered , which with many other defects and imperfections , happened therein , through the great negligence of m r seymour , at this time clerk of the same house . on tuesday the th day of november , m r speaker being sent for to attend upon the queens majesty , at the court , about nine of the clock , sent word to the house , where he was , requiring the house to have patience ; and at his coming , after ten of the clock , began to shew , that he had received a special command from her highness to this house , notwithstanding her first commandment , that there should not be further talk of that matter in the house ( touching the declaration of a successor , in case that her majesty should die without issue ) and if any person thought himself not satisfied , but had further reasons , let him come before the privy-council , and there shew them . vide plus concerning this business , on monday the th day of this instant november following . on wednesday the th day of november , six bills of no great moment , had each of them one reading ; of which the fourth being the bill for thomas browns lands to be altered from gavelkind , was read the second time , and ordered to be ingrossed . three bills were sent up to the lords , from the house of commons ; of which one was the bill for the better execution of penal laws ; and another to avoid delays upon verdicts and demurrers in law. the bill touching two branches in the statute made for chauntry-lands , was read the second time , and committed to m r marsh. m r serjeant carus , and m r d r huick , brought from the lords two bills ; one for the jointure of the lady cobham , and the other for carriage of wooll growing in divers shires in wales . on thursday the th day of november , three bills had each of them one reading ; of which the third being the bill to avoid long delays in civil and marine causes , was read the second time , and ordered to be ingrossed . the bill for several sheriffs to be in surrey and sussex , essex and hertford , oxon and berks , somerset and dorset , warwick and leicester , nottingham and darby from . was read the third time , and passed upon the question . on friday the th day of november , the bill for buying of ostrich woolls , by hat-makers and felt-makers , was read the first time . edward jones complained of john grey esq , knight for stafford , that he had misused and threatned him in paul's , casting away his cap , whereby he was in great fear of his life , and prayed remedy of this house . to the which m r grey answered at the bar , that he had divers times claimed a debt due by his father , to the which he had reasonably answered . whereupon the hearing of the matter , for the surety of jones , was committed unto sir thomas wroth , and four others of this house . vide plus touching this matter on tuesday the d day of december following . the bill to avoid excess in apparel in divers degrees , was read the third time , and passed upon the question . leonard darnet , burgess for marlborough in the county of wilts , is for his great affairs licensed by the house to be absent . on saturday the th day of november , three bills had each of them one reading ; of which the third and last , being the bill touching cutters of tann'd leather , was read the second time ; but no mention is made , either of committing , or ingrossing of it . the bill for several sherifss to be in several counties ; and the bill to avoid excess in apparel in divers degrees , were sent up to the lords by m r vice-chamberlain . robert ireland , burgess for the borough of salop , edward leighton esq , one of the knights for the county of salop , were each of them licensed by the house for their special affairs to be absent , until ..... and so this matter , without expressing the certain time , breaks off abruptly in the original journal-book of the house of commons , through the great negligence of m r seymour , clerk of the said house ; although it may very probably be conjectured , that this licence was not granted unto them absolutely , but upon condition to return again and attend the service of the house , at some certain day prefixed . vide consimile december th postea . upon divers arguments made , that edward jones might be sent to the tower for so using grey , in attaching his goods , tending to the breach of the priviledge of this house , the matter was eftsoons committed to m r wroth and others , as well to provide surety of jones against the said grey , until saturday next , and then further to report , as also touching an informer sent to ward by m r grafton , and removed by habeas corpus into the kings-bench . vide on tuesday the d day of december following . november the th sunday . on monday the th day of november , william epse , burgess for rumney , was licensed to be absent for eight days . vide consimile in die praecedente . five bills of no great moment , had each of them one reading ; of which the third being the bill for making of allom , and copperas , by the lord mountjoy ; and the fourth being the bill to repeal the act made for prices , were each of them read the second time , and ordered to be ingrossed . on tuesday the th day of november , three bills had each of them one reading ; of which the last being the bill for the alneagers fees of lancaster , and the length , breadth and weight of cottons , frizes and rugs , was read the second time , and ordered to be ingrossed . on wednesday the th day of november , two bills had each of them one reading ; of which the first being the bill for places for the keeping of records in the twelve shires of wales , was read the first time . the bill for wollnersh in the county of surrey , was brought from the lords by m r attorney . two bills lastly had each of them one reading ; of which the first being the bill for the jointure of the lady frances cobham in cooling , was read the second time . on thursday the th day of november , five bills had each of them one reading ; of which the first being the bill to repeal a branch in the act for watermen upon the thames ; and the second touching the act made for sale of stuff for apparel , not paid for , were each of them read the first time . on friday the th day of november , six bills of no great moment , had each of them one reading ; of which the third being the bill for the felt-makers and hat-makers , was upon the second reading rejected ; and the fourth and sixth being for wearing of caps , upon the sabbath , or holy-days , and also that tryals of felonies done in wales , shall be at the great sessions there , were each of them read the second time , and ( as it should seem ) committed to m r crofts and others . richard wheatley clerk , attendant upon sir henry cromwell knight , one of the knights for the county of huntingdon , being attached by several bills of middlesex , in several pleas of trespass , at the suit of william marlyn , and michaell welch , required the priviledge of the house . on saturday the th day of november , a proviso added to the bill for bishops , in lieu of the lords proviso , was read the first time . the bill touching latitats was brought from the lords , by m r serjeant carus , and m r read. m r thomas wroth declared john grey , and edward jones by mediation to be agreed , and that attachment to be void , upon condition , that m r grey should openly in the house promise , that he , nor any by him should hurt the said jones , when he should come next to the house , being now sick of the small pox , and the recognizance taken not to be certified : vide concerning this matter on tuesday the d day of december following . on monday the th day of november , two bills had each of them one reading ; of which the first being the bill for the jointure of the lady cobham , was read the second time . the proviso to the bill for bishops in lieu of the lords proviso , was read the second time , and ordered to be ingrossed . m r speaker coming from the queens majesty , declared her highness pleasure to be , that for her good will to the house , she did revoke her two former commandments , requiring the house no further to proceed at this time in the matter . which revocation was taken of all the house most joyfully , with most hearty prayer and thanks for the same . her majesty having found by experience , that the desire of the house of commons in that great business touching the declaration of a successor , in case she should die without issue , was like other passions , more easily calmed and quieted by following than resisting , did now at length remit unto them ( as appeareth by this message brought by the speaker ) that freedom of speech , and liberty of discussion , which they had formerly made use of , without any such allowance , and by that means did sooner satisfie their discontent , and procure their silence , than by any former secret diversions , or open inhibitions . and though that business only touching the declaration of a successor , be mentioned here , yet both in the first session of this parliament , in an . regin . eliz. and in the greatest part of this present session , de an . , & reginae ejusdem , it was joined with the other great matter of her majesties marriage . for the house of commons , having in the said fifth year of her majestie , petitioned her in their own name only , on thursday the th day of january in the afternoon , both to incline her royal person to marriage , and to make declaration of her next and rightful successor , in default of her own issue , they received from her a gracious answer ; but finding now in this second session of that parliament begun and continued above three years after , that there followed no issue , or effect thereupon , in respect that her majesty remained still as far from any likelihood of marriage , as then ; and that the state of the kingdom , in case she should die , grew every day more dangerous than other , in respect of the several pretended rights to the crown , which now began openly to be disputed and maintained , according to the several inclinations and opinions of men ; therefore ( i say ) on friday the th day of october , in this present session , de an. , & regin . eliz. m r mollineux first moved it in the house , that they might again revive their former suit to her majesty , to declare a successor , but mentioned not her marriage ; whereupon sir ralph sadler knight banneret , one of her majesties privy-council , stayed the house from further proceeding at that time , by making declaration of her majesties own speeches , tending to the expression of her good inclination unto marriage ; and that therefore the house should expect the timely issue of that a while , and not intermeddle with the matter of succession . which report and advice of sir ralph sadlers , being seconded again the next day being saturday the th day of the same month , by others of her majesties council , was then opposed by divers of the house . and it was at last concluded , that they should renew their said suit to her majesty , touching the declaration of a successor ; according to which resolution , they not only debated it themselves , on monday the th day , and on tuesday the th day of october foregoing , but also afterwards with the lords on wednesday the th day , on thursday the th day , and on wednesday the th day , and on thursday the th day of the same month ; joining also unto it that other great business of her majesties marriage ( which i conceive was only colourably added , that the other motion touching succession , might be the less distastful to her majesty ) who having appointed thirty of either house to attend her on tuesday the th day of this instant november foregoing , in the afternoon , did there answer the lords petition ( who doubtless preferred it by themselves in this session , de an. , & regin . eliz. as the commons had petitioned her in the same matters by themselves , in the first session of this parliament in an . reginae ejusdem ) but the commons resting not satisfied with the said answer ( wherein her majesty did only in general intimate her inclination to marriage , but absolutely denied to make any declaration of her successor , which they chiefly aimed at , in respect of the danger ) did notwithstanding several inhibitions and restrictions , further prosecute the same matter , plainly and singly , without the least mention any more of her marriage , on wednesday the th day , friday the th day , saturday the th day , monday the th day , and on tuesday the th day of this instant november foregoing , until this present monday the th day of the same month , when upon her majesties gracious permission of freedom of speech , they ceased further to treat thereof , as appeareth by the following silence of the original journal-book of the house of commons therein , until the last day of this session , being thursday the second day of january following , when her said majesty did mildly reprove the violent prosecution of the same , by the said house . on tuesday the th day of november , three bills had each of them one reading ; of which the third being the bill for the corporation of merchants , for discovery of new trades in russia , was read the third time , and ordered to be ingrossed . m r serjeant carus and m r vaughan , brought from the lords two bills , one for the expedition of justice in lancaster , and another for the jointure of the lady stafford . it was ordered this day , that the house should be called upon tuesday next . on wednesday the th day of november , three bills had each of them one reading ; of which the second being the bill for the almeshouse at plymouth in the county of devon , and the third to avoid vexations upon the writ of latitat , &c. were each of them read the first time . m r secretary declared from her majesty , that for the good will she beareth to her subjects , her highness doth remit the third payment of the said subsidy , before rated ; for which her great clemency , most hearty thanks was given by the house ; and immediately was read the bill for the grant of one fifteenth , and a subsidy at two payments the second time , and committed ( as it should seem ) to m r seckford and others . nota , that here her majesty ( as is very probable ) did remit this third and extraordinary payment of the subsidy , the more yet to withdraw them from the further prosecution of that great business touching the declaration of a successor , ( mentioned at large on monday the th day of this instant november foregoing ) in which those of the house of commons had proceeded with great violence : and that her majesty had this intent in remitting the said third payment , is the more apparent , because it had been formerly given by the said commons , thereby the rather to induce her majesty to the said declaration of a successor , as is plainly set down by m r cambden , in annal. regin . eliz. edit . lugdun . batav . a. d. . page . on thursday the th day of november , four bills of no great moment , had each of them one reading ; of which the last being the bill for preservation of corn by destruction of crows , and other vermin , was read the first time . five other bills were each of them read the first time , and passed upon the question ; of which one was the bill for the jointure of the lady cobham , and another to avoid long suits in civil and marine causes . the bill lastly for confirmation of letters patents , was read the second time , and ( as it seemeth ) was committed to m r gargrave , and others , whose name i conceive should have been written , sir thomas gargrave ; for it is usual in this journal of the house of commons , in this present session de an. , & regin . eliz. according to the use of former times , to stile knights by the term of m r prefixed only to their surnames . on friday the th day of november , four bills of no great moment , had each of them one reading ; of which the second being the bill for john stafford born beyond the sea , to be a free denizen ; and the third for the watermen upon the thames , were each of them read the second time : but no mention made either of referring them to committees , or ordering to be ingrossed . divers arguments were had in the house , touching a preamble to be made and set down , before the bill of subsidy , whereupon the said bill was ordered to be ingrossed . on saturday the th day of november , five bills of no great moment , had each of them one reading ; of which the second being the bill for the frizers and cottoners of shrewsbury ; the third touching a lease made by the masters of the colledges in hen. . and the fourth to have several sheriffs in oxon and berks , were each of them read the second time , and ordered to be ingrossed . the bill to repeal the statute made an. edw. . for prices of wines , was read the third time , and upon the question and division of the house , passed ; viz. with the bill ninety five , and against it sixty five . the bill lastly requiring the impost to be taken away , was read the first time . on monday the d day of december , two bills had each of them their second reading ; of which the first being the bill for confirmation of letters patents of merchant adventurers at bristol , was ordered to be ingrossed : and the second for the pulling up of weares and piles , was ( as it should seem ) committed to m r vice-chamberlain , and others . six bills were sent up to the lords by m r vice-chamberlain and others ; of which one was the bill for the free-school of southwark , and another for the jointure of the lady cobham . the bill touching fines and recoveries was read the second time , and ( as it should seem ) was committed to the master of the rolls , and others . the bill for making of allom and copperas , by letters patents by cornelius de vos , and by him assigned to the lord mountjoy , was read the third time , and a proviso thereunto annexed , was read the first , second and third time . on tuesday the d day of december , three bills of no great moment , had each of them one reading ; of which the third being the bill for the office of town-clerk of the city of york , was read the second time , and ordered to be ingrossed . three bills also had each of them their second reading ; of which the first being the bill touching the statute made for apparel , was ( as it should seem ) committed to m r vice-chamberlain , and others ; and the second for buying of woolls in the north parts , was committed unto m r gargrave ; the like reference see on thursday the th day of november foregoing . and the third being the bill for carrying over sea of rams , sheep or lambs , to be felony , was ( as it seemeth ) committed to m r wilson , and others . john grey esq did this day promise before the whole house , that he and his should keep the peace against edward jones , and the said jones promised immediately to withdraw his action . vide concerning this matter on friday the th day , saturday the th day , and on saturday the th day of november foregoing . two bills also had each of them one reading ; of which the first being the bill for making of steel and plates for armour , within the realm , was read the second time , and ordered to be ingrossed . it was sinally this day ordered , that the house should be called on monday next . on wednesday the th of december , two bills of no great moment , had each of them one reading ; of which the first being the bill for punishment of vagabonds and loyterers , was read the first time . three bills also had each of them their third reading , and passed upon the question ; of which the second was the bill for merchant adventurers of bristoll ; and the third for the drapers , cottoners and frizers of shrewsbury . the bill lastly to take away sanctuary for debt , was read the third time ; and upon the question and division of the house , dashed with the difference of seventeen voices ; viz. with the bill sixty , and against it seventy seven . on thursday the th day of december , two bills of no great moment , had each of them one reading ; of which the second being the bill for the town-clerk of york , was read the third time , and ordered to be ingrossed . four bills were sent up to the lords by m r vice-chamberlain , of which one was the bill for the drapers , cottoners and frizers of shrewsbury ; and another for merchant adventurers of bristoll . the bill with a little book printed in the year . ( which was the fourth or fifth year of her majesties reign ) for the sound christian religion , was read the first time . vide may the th thursday an . eliz. in the house of commons journal . on friday the th day of december , eight bills of no great moment , had each of them one reading ; of which the third being the bill for the punishment of offenders , in swearing , drunkenness , &c. was read the second time , and ( as it should seem ) committed to m r vice-chamberlain , and others ; and divers bills touching religion , of which see fully on thursday may the th in an . eliz. in the journal of the house of commons . on saturday the th day of december , three bills of no great moment , had each of them one reading ; of which the third being the bill for the finishing of the port of hartlond in devon was read the second time , and ordered to be ingrossed . the bill confirming the corporation of the kings heralds at arms , and the bill for the embroiderers of london , were each of them read the second time , and committed ( as it should seem ) to m r vice-chamberlain , and others . walter strickland esq , knight for the county of cumberland , being diseased with the gout , was licensed to be absent . on monday the th day of december , three bills had each of them one reading ; of which the second being the bill to avoid fraudulent gifts , and also order for bankrupts , was read the second time , and ( as it should seem ) committed unto m r seckford ; and the third for explanation of the act of hen. . touching colledges and free-chappels for leases , with a proviso for judgments given , was read the third time , and passed upon the question . on tuesday the th day of december , two bills had each of them one reading ; of which the bill with a little book printed an . . for the sound christian religion , was read the second time , and ordered to be ingrossed . vide may the th thursday in an. regin . eliz. sequen . in the commons house journal . m r serjeant carus , and m r attorney , brought from the lords two bills ; one for the stature of horses , and another for allom and copperas . the preamble of the bill of subsidy , after long arguments , was read the first and second time . on wednesday the th day of december , four bills of no great moment , had each of them one reading ; of which the first being the bill for pulling up of piles , weares and fish-gates ; the second for records to be kept in wales , and the third touching goal-delivery in the counties of wales , and touching sheriffs and justices of the peace , were each of them read the second time , and ordered to be ingrossed . the proviso and amendments of the bill for informers , was sent from the lords , and read the first time , and ( as it should seem ) committed to m r seckford to consider of it . on thursday the th day of december , nine bills had each of them one reading ; of which the seventh being the bill that john stafford , born beyond the seas , may be a free denizen ; and another for the making of steel in england , were each of them read the third time , and passed upon the question , and were with two others sent up to the lords , by m r vice-chamberlain . m r serjeant carus brought from the lords , the subsidy for the clergy ; whereupon the bill for one fifteenth and tenth , and also one subsidy granted by the temporalty , was read the third time , and passed upon the question . on friday the th day of december , six bills had each of them one reading ; of which the fourth being the bill for bringing in of tonnage-wares landed in other countries , was read the second time , and ordered to be ingrossed . and the bill for the articles of religion , passed upon the third reading ; vide may the th thursday in anno eliz. sequent . in the journals of the commons . on saturday the th day of december , five bills had each of them one reading ; of which the third , that several sheriffs may be in buckingham and bedford ; and the fourth for confirmation of letters patents since the first year of the reign of queen eliz. were each of them read the second time , and ordered to be ingrossed . the bill for the articles of religion , and the bill for the port in hartlond , was sent to the lords by m r vice-chamberlain , &c. the bill for making and wearing of hats and caps within the realm , with the proviso added thereunto , was read the second time , and ordered to be ingrossed . the house was appointed to be called on thursday next , in the afternoon . on monday the th day of december , three bills of no great moment , had each of them their third reading ; and passed upon the question : of which the first was the bill for keeping of the records in twelve shires of wales , with divers ordinances there . m r serjeant carus brought from the lords two bills , one for graving of seals , and the other for merioneth . the bill touching the bringing in of tonnage wares landed by the way to be forfeit , with a proviso , was read the third time . on tuesday the th day of december , four bills of no great moment , had each of them one reading ; of which the fourth being the bill for adjournment of assizes at lancaster and durham , was read the second time ; but no mention is made whether it was ordered to be ingrossed , or referr'd to committees . vide consimile december the th thursday , posteá . the bill for the merchant adventurers corporation , for discovery of russia , and new trades , with three provisoes , were each of them read the third time , and with the bill passed upon the question . the bill of subsidv , with the three bills last past , were sent up to the lords by m r chancellor of the dutchy . leonard ireby burgess for boston , for his affairs , is licensed by m r speaker to be absent . on wednesday the th day of december , three bills of no great moment , had each of them their second reading ; of which the first was the bill for the bowyers of london , the second for tryals of felony in the county of merioneth , and the third for the graving of alneagers seals by the graver of the mint . three bill also were each of them read the third time ; of which the first being the bill for latitats for execution out of the kings-bench , and the second for paving of kentish-street , passed upon the question . the bill for dyers of woolls , cloths , or caps ; the bill for maintaining of sea-marks , for the trinity-house of deptford , and for watermen of the thames ; and the bill for the cloth-workers of london , was read each of them the second time , and ordered to be ingrossed . the new bill to alter the statute for the making and breadth of cloths , was read the first time . the bills which last passed in this house , were sent up to the lords by m r vice-chamberlain , and others . two bills finally had each of them one reading ; of which the first being the proviso added to the bill for making steel in england , was read the third time , and with the bill ordered to be ingrossed . on thursday the th day of december , the bill touching plumstead-marsh , for the inning of it , was read the second time , and ordered to be ingrossed . two bills also had each of them their second reading ; of which the first was the bill that no person shall hold above two tenements ; and the second to repeal a branch of a statute for breed of stone-horses in divers shires . the addition to the lords bill for fines with proclamations , was read the first and second time , and ordered to be ingrossed . the additions sent from the lords , in the bill touching informers , were read , and ( as it should seem ) referred to m r lovelace , to consider of them . the new bill for apparel , was brought from the lords by serjeant carus . the bill for bankrupts and fraudulent gifts , was dashed upon the question , and division of the house , by the difference of sixteen voices ; viz. with the bill forty , and against the bill fifty six . two bills lastly had each of them their first reading ; of which the first was the bill for reformation of excess in apparel . on friday the th day of december , the bill for the subsidy of the clergy of cant. was read the second time . four bills also had each of them one reading ; of which the first for the almes-house of plymouth , the second for the making of bay-salt , and white-salt in england ; and the third for preservation of grain , by killing of crows and other vermine , were each of them read the second time , and ordered to be ingrossed . the bill for the jointure of the lady warwick ; and the bill amended for shrewsbury , were brought from the lords by m r attorney . two bills were sent up to the lords by m r attorney ; of which one was the bill for making of steel in england . the proviso in the bill for tonnage-wares , was read the third time , and passed upon the question . the bill for the inning of plumstead-marsh , and the bill for confirmation of letters patents made since the first year of queen elizabeth , were each of them read the third time , and passed upon the question ; and were sent up to the lords by m r chancellor of the dutchy . the bill for pulling up of weares , fish gates , and piles , was read the third time , and upon the question and division of the house , dashed , with the difference of three voices only ; viz. with the bill forty two , and against it forty five . the bill for preservation of grain by destruction of vermin , was read the third time , and passed upon the question . the bill for the jointure of the lady anne countess of warwick , was read the first and second time . the proviso from the lords for the sessions to be kept at hereford , added to the bill for goal-deliveries in wales , was read the first , second and third time , and passed upon the question . francis thinn came into the house personally , and agreed to such things , concerning his title to tythes in plumstead-marsh , as sir john thynn should say for him . on saturday the th day of december , six bills were read the third time , and passed upon the question ; of which the second was the bill for tryal of felonies in merionethshire in wales ; and another touching fines with proclamations , though the original be imbezelled , to which this house had made an addition ; and a proviso for the heir of the earl of kent ; and were sent up to the lords by m r chancellor of the dutchy . the bill also for repairing of sea-marks , marriners and watermen , was read the third time , and passed upon the question . the bill for the subsidy of the clergy of canterbury , was read the third time , and passed upon the question . the bill for engraving of alneagers seals , by the graver of the mint in the tower of london , was read the third time ; and two other bills had each of them their second and third reading ; of which the first was the bill for the avoiding of excess in apparel ; but no mention is made that they passed the house . the bill that hexamshire shall be of the county of northumberland , and parcel of the bishoprick of durham , was read the third time , and passed upon the question . three bills also had each of them one reading ; of which the first being the bill for buying of woolls out of caermarthen , cardigan and pembroke ; and the third for keeping the assizes in lancaster , were each of them read the second time , and dashed upon the question . the bill against carrying over sea of rams , lambs , or sheep alive ; the bill against carrying over of pelts or tann'd-leather , and the bill for the market of battell to be kept at battell , were each of them read the second time , and ordered to be ingrossed . the general bill to avoid fairs and markets on sunday , to the next work-day following , was read the first and second time . the house being moved with a commission for execution of penal laws , dated the third day of december last , appointed divers committees ( whose names through the clerks great negligence are wholly omitted in the original journal-book of the house of commons ) to move the lords to be a means for the revoking of the said commission ; to which their lordships agreed , conceiving with the commons , that edmond matthew , john elliot , and robert reynold , the commissioners nominated and authorized in the said commission , were not fit persons for the execution of the same . on monday the th day of december , four bills of no great moment , had each of them one reading ; of which the third being the bill against carrying over sea of rams , lambs and sheep alive , was read the third time , and passed upon the question . the bill for the clothing town of wonersh in surrey , was read the third time , but as yet passed not the house . the bill for helping of havens and ports of the sea , was read the second time . seven bills with three others , were sent up to the lords by m r vice-chamberlain ; of which one was the bill for the making of white and bay salt , and another for the subsidy of the clergy of canterbury . report being made upon the bill for apparel , it was upon the question dashed . the bill for continuance of divers acts of parliament , with addition for transporting of grain , was read the second time . a report was made upon the bill for cloth-making in the town of wonersh in the county of surrey ; and a proviso being read the first , second and third time , thereunto added by the house , the bill was upon the question dashed . the bill for the queens majesties pardon , and the bill for tonnage-wares , with some words added unto them , were brought from the lords by m r attorney ; which said bill touching tonnage-wares to put out wines , &c. was read the first time , and dashed upon the question . on tuesday the th day of december , the bill for the queens majesties general and beneficial pardon , unto the th day of december , in the eighth year of her highness reign , was read the first time , and accepted by the commons . the bill for continuance of divers penal statutes , was read the third time , and passed upon the question , and was sent up to the lords by m r chancellor of the dutchy . the bill for the alneagers seals to be graved in the tower , was read the fourth time ( or rather ( as it should seem ) some additions or amendments thereunto annexed ) and dashed upon the question . the bill touching sheriffs , under-sheriffs and bailiffs of liberties to take oaths , was read the third time , and upon the question dashed . the bill for continuance of statutes , was brought from the lords , to take away all the provisoes and articles besides , only the continuance of the acts , was upon the question and division of the house , dashed ; viz. with the bill sixty one , and against it ninety seven . m r attorney , and m r d r lewis , brought word from the lords , that their lordships had adjourned their house until monday next . whereupon m r speaker , with the advice of this house , adjourned the parliament until saturday next , and then it was ordered , that the house should then be called to see and consider the defaults . on saturday the th of december , the house was called , and adjourned until monday then next following . on monday the th day of december , the house was called again , and adjourned further till thursday next following , because the lords above had so adjourned their said house . on thursday the second day of january , the defaulters were called , and twelve allowed by the house to make default . d r huicke sent in word from the lord keeper , that the lords had adjourned their house , until one of the clock in the afternoon . the almes given this day by the house for relief of the poor , amounted to the sum of nineteen pound ten shillings , to be paid by m r henry knolles sen. , and m r grimston , two members of the said house . post meridiem . in the afternoon about three of the clock , the queens majesty sitting in the upper house of parliament , the knights , citizens and burgesses of the house of commons , with richard onslow their speaker ( having had notice thereof ) repaired thither ; where the said speaker made an excellent oration , of above one hours length , tending to the expression of the great goodness of almighty god , shewed unto this realm , by the quiet government of the queens majesty ; and shewed also the strength of laws . and after thanks to the queens majesty for her gracious pardon , offered the subsidy , and the pardon . and when the lord keeper had made a short answer to the special points of the oration of the speaker , and that the queens majesty had given her royal assent to thirty four acts , viz. nineteen publick acts , and fifteen private ; immediatly it pleased her said majesty to declare in a most excellent phrase of speech and sentence , that she seemed not pleased with the doings of the house of commons , for busying themselves in this session , with matters which did not appertain at this time unto them ( intimating doubtless thereby their too violent , and eager prosecution of those two great businesses touching her marriage , and declaration of a successor , in default of issue of her own body ) but in the end of her said speech , she concluded with comfortable words , and commanded the parliament to be dissolved . nota , that this business had many and long agitations in the house of commons , who were especially violent in that latter branch of it , touching the declaration of a successor , as see more at large on monday the th day of november foregoing ; and lastly , i have thought good to give a short touch , that all the foregoing passages of this afternoon , touching her majesties presence , royal assent , speech and dissolving the parliament , were thus orderly set down in the original journal-book of the house of commons , and have here received little alterations . the journal of the house of lords . the journal of the proceedings of the house of lords , in the parliament holden at westminster , an. reg. eliz. a. d. , which began there on monday the d day of april , and then and there continued until the dissolution thereof on tuesday the th day of may ensuing . this journal of the upper house continuing about the space of two months , was very carelesly entred in the original journal-book of the upper house , by the clerk thereof , who ( as it seems ) was anthony mason esq , succeeding about this time in the said office of clerk of the upper house , unto francis spilman esq , who had formerly supplied that place . but yet by means of a copious journal i had by me , of the passages of the house of commons in this parliament , taken by some anonymous member thereof , and also of some copies i had of the speeches of sir nicholas bacon , lord keeper , at the beginning and conclusion of this said parliament , this ensuing journal is much enlarged . and therefore to avoid confusion , whatsoever is here inserted out of the said private journal , is particularly distinguished from that which is taken out of the above-mentioned journal-book of the upper house , by some animadversions or expression thereof , both before and after the inserting of it . neither doth the original journal-book it self of the upper house , want some matter of variety , besides the ordinary reading , committing and passing of bills , in respect that sir robert catlyn knight , lord chief justice of the kings bench , was appointed by her majesties commission , under the great seal , to supply the lord keepers place ( upon occasion of his sickness during some part of this said parliament ) in the first entry whereof is set down out of the foresaid anonymous journal of the house of commons , her majesties coming to the upper house , with the order and manner of it , the substance also of which is found , though somewhat more briefly set down , in the original journal-book of the same house . on monday the second day of april , the parliament beginning ( according to the writs of summons sent forth ) her majesty about eleven of the clock came towards westminster , in the antient accustomed most honourable passage , having first riding before her the gentlemen sworn to attend her person , the batchellors knights , after them the knights of the bath , then the barons of the exchequer , and judges of either bench , with the master of the rolls , her majesties attorney general , and sollicitor general ; whom followed in order , the bishops , and after them the earls , then the archbishop of canterbury . the hat of maintenance was carried by the marquess of northampton , and the sword by the earl of sussex . the place of the lord steward for that day , was supplied by the lord clinton , lord admiral of england ; the lord great chamberlain was the earl of oxenford . and the earl marshal , by deputation from the duke of norfolk , was the earl of worcester . her majesty sate in her coach in her imperial robes , and a wreath or coronet of gold , set with rich pearl and stones , over her head ; her coach drawn by two palfries , covered with crimson velvet , drawn out , imbossed and imbroidered very richly . next after her chariot followed the earl of leicester , in respect of his office of the master of the horse , leading her majesties spare horse . and then forty seven ladies and women of honour ; the guard in their rich coats going on every side of them . the trumpeters before the first , sounding ; and the heralds riding , and keeping their rooms and places orderly . in westminster church , the bishop of lincoln preached before her majesty , whose sermon-being done , her majesty came from the church , the lords all on foot , in order as afore ; and over her head a rich canopy was carried all the way . she being entred into the upper house of parliament , and there sate in princely and seemly sort , under a high and rich cloth of estate ; her robe was supported by the earl of oxenford , the earl of sussex kneeling , holding the sword on the left hand , and the earl of huntingdon holding the hat of estate , and the lords all in their rooms on each side of the chamber ; that is to say , the lords spiritual on the right hand , and the lords temporal on the left . nota , that whereas the presence of these lords ought here , according to the usual course , to have been inserted out of the original journal-book of the upper house , it must of necessity be omitted , in respect that through the great negligence of anthony mason esq , at this time ( as it should seem ) clerk of the said house , there are none of the said lords noted to have been present ; yet it may be probably guessed who they were , by those who attended on wednesday of this instant april ensuing . quod vide . the judges and her learned councel , being at the woollsacks in the midst of the chamber , and at her highness feet , at each side of her kneeling one of the grooms , or gentlemen of the chamber , their faces towards her , the knights , citizens and burgesses all standing below the bar , her majesty then stood up in her regal seat , and with a princely grace , and singular good countenance , after a long stay , spake a few words to this effect , or thus . mr right loving lords , and you our right faithful , and obedient subjects , we in the name of god , for his service , and for the safety of this state , are now here assembled , to his glory i hope , and pray that it may be to your comfort , and the common quiet of our , yours , and all ours for ever . and then looking on the right side of her , towards sir nicholas bacon knight , lord keeper of the great seal of england , standing a little beside the cloth of estate , and somewhat back and lower from the same , she willed him to shew the cause of the parliament , who thereupon spake , as followeth . the queens most excellent majesty , our most dread and gracious soveraign , hath commanded me to declare unto you , the causes of your calling and assembly at this time , which i mean to do as briefly as i can , led thereunto as one very loth to be tedious to her majesty , and also because to wise men , and well-disposed ( as i judge you be ) a few words do suffice . the causes be chiefly two , the one to establish or dissolve laws , as best shall serve for the governance of the realm . the other , so to consider of the crown and state , as it may be best preserved in time of peace , and best defended in the time of war , according to the honour due unto it . and because in all councils and conferences first and chiefly there should be sought the advancement of gods honor and glory , as the sure and infallible foundation , whereupon the policy of every good publick weal is to be erected and built ; and as the streight line , whereby it is principally to be directed and governed , and as the chief pillar and buttress , wherewith it is continually to be sustained and maintained ; therefore , for the well-performing of the former touching laws , you are to consider ; first , whether the ecclesiastical laws concerning the discipline of the church , be sufficient or no ? and if any want shall be found , to supply the same ; and thereof the greatest care ought to depend upon my lords the bishops , to whom the execution thereof especially pertains , and to whom the imperfections of the same be best known . and as to the temporal laws , you are to examine whether any of them already made , be too sharp or too sore , or over-burthenous to the subject ; or whether any of them be too loose or too soft , and so over-perillous to the state. for like as the former may put in danger many an innocent , without cause , particularly ; so the second may put in peril both the nocent and innocent , and the whole state universally . you are also to examine the want and superfluity of laws : you are to look whether there be too many laws for any thing , which breedeth so many doubts , that the subject sometimes is to seek how to observe them , and the councellor how to give advice concerning them . now the second , which concerns a sufficient provision for the crown and state ; herein you are to call to remembrance , how the crown of this realm hath been many ways charged extraordinarily of late ; not possibly to be born by the ordinary revenues of the same , and therefore of necessity to be relieved otherwise ; as heretofore it hath commonly , and necessarily been . for like as the ordinary charge hath been always born by ordinary revenues , so the extraordinary charge hath always been sustained by an extraordinary relief . this to those that be of understanding is known , not only to be proper to kingdoms and empires , but also is , hath been , and ever will be a necessary peculiar pertaining to all common-wealths , and private states of men , from the highest to the lowest ; the rules of reason hath ordained it so to be . but here i rest greatly perplexed , whether i ought to open and remember unto you , such reasons as may be easily produced , to move you thankfully and readily to grant this extraordinary relief or no : i know the queens majesty conceiveth so great hope of your prudent foreseeing what is to be done , and of your good wills and readiness to perform that , which by prudence you foresec , that few or no perswasions at all are needful for the bringing this to pass . nevertheless , because by the antient order heretofore used , it is my office and duty somewhat to say in this case , and likewise all men also that be present , neither understand alike , nor remember alike ; therefore i mean , with your favour and patience , to trouble you with a few words , touching this point . true it is , that there be two things that ought vehemently to move us , frankly , bountifully , and readily to deal in this matter . the former is the great benefits , that we have received ; the second is the necessity of the cause . if we should forget the former , we are to be charged as most ungrate and unthankful ; and the forgetfulness of the second doth charge us , as uncareful of our own livings and liberties , and of our lives ; the former moveth by reason , and the second urgeth by necessity . and here , to begin with the former , albeit that the benefits that the realm hath received by gods grace , and the queens majesties goodness , both for the number and greatness , are such as may be more easily marvelled at , than worthily weighed and considered ; yet mean i to remember briefly three of them , whereof the first and chief is restoring and setting at liberty gods holy word amongst us ; the greatest and most precious treasure that can be in this world : for that either doth , or should benefit us in the best degree ; to wit , our minds and souls ; and look how much our souls excel our bodies , so much must needs the benefits of our souls excel the benefits of our bodies ; whereby also , as by a necessary consequent , we are delivered , and made free from the bondage of the roman tyranny ; therefore this is to be thought of us the most principal benefit . the second is the inestimable benefit of peace during the time of ten whole years together , and more ; and what is peace ? is it not the richest and most wished for ornament that pertains to any publick weal ? is not peace the mark and end that all good governments direct their actions unto ? nay , is there any benefit , be it never so great , that a man may take the whole commodity of , without the benefit of peace ? is there any so little commodity , but through peace a man may have the full fruition of it ? by this we generally and joyfully possess all ; and without this generally and joyfully we possess nothing . a man that would sufficiently consider all the commodities of peace , ought to call to remembrance all the miseries of war ; for in reason it seems as great a benefit in being delivered of the one , as in the possessing of the other . yet if there were nothing , the common and lamentable calamities and miseries of our neighbours round about us , for want of peace , may give us to understand what blessedness we be in that possess it . there be that never acknowledge benefits to their value , whilst they possess them , but when they be taken from them , and so find their want ; marry such be not worthy of them . now is it possible , trow you , that this blessed benefit of peace could have been from time to time thus long conserved and conferred upon us , had not the mind , affection and love , that our soveraign bears towards us her subjects , bred such care over us in her breast , as for the well bringing of this to pass , she hath for born no care of mind , no travel of body , nor expence of her treasure , nor sale of her lands ; no adventuring of her credit , either at home or abroad ? a plain and manifest argument , how dear and pretious the safety and quiet of us her subjects be to her majesty . and can there be a greater perswasion to move us to our power to tender the like ? the third is the great benefit of clemency and mercy . i pray you , hath it been seen or read , that any prince of this realm , during whole ten years reign , and more , hath had his hands so clean from blood ? if no offence were , her majesties wisdom in governing was the more to be wondred at ; and if offences were , then her majesties clemency and mercy the more to be commended . misericordia ejus super omnia opera ejus . besides , like as it hath pleased god ten years and more , by the ministry of our said soveraign , to bless this realm with those two inestimable benefits of peace and clemency , so there is no cause but the same might by gods grace have continued twenty years longer , without intermission , had not the raging romanist rebels entertained the matter . and here it is to be noted , that this merciful and peaceful reign of ten years and more , hath hapned in the time of christs religion now established . i cannot think that any man can follow me in this , in the time of the romish religion since the conquest . nay a man might affirm , that this is an example for times to come , without any like in times past ; comparing singula singulis , what should i say ? these be the true fruits of true religion . i could further remember you of the fruits of justice , the benefit of restoring your money to finess ; yea , i could put you in mind , but i think it needs not , it happened so late , of a subsidy granted , whereof the queens majesty of her own bountifulness , remitted the one half ; was the like here in england ever seen or heard of ? but being out of doubt , that these benefits already remembred be sufficient of themselves to move you to be thankful to your power , i leave any longer to detain you in this point . and albeit a subject cannot yield any benefit to his soveraign in the same nature that he receiveth it ; because every benefit is more than duty , and more than duty a subject cannot yield to his soveraign : yet can it not be denied , but a subjects acknowledging of benefits received , joined with good will to yield as far as liberty will reach , doth sufficiently satisfie for the subject , for ultra posse non est esse . to your best actions therefore address ye . and thus much concerning benefits . now to the second part , concerning urging by necessity , true it is , that the extraordinary matters of charge , happened since the last assembly here , urging to have by necessity a relief granted , amongst many others be these . first , the great charge in suppressing the late northern rebellion , with charges also in reforming those the queens majesties enemies in scotland , that assisted the rebels , and made rodes into england . the continual growing expences , by reason of ireland , as in subduing the rebels within that realm , and withstanding the scots northward , and other foreign forces , intending invasion southward . to these three charges by land , you may add a fourth by sea ; as the preparation and setting forth of ships , partly for the defence against all foreign forces , suspected and intended , partly for the safe conducting of the wares and merchandizes in greater strength and longer cut than heretofore hath been used . these and such like extraordinary charges , whereof there be sundry , with the remains of old charges not possible to be born by the ordinary revenue , and yet of necessity to be expended , do greatly exceed any extraordinary aid therefore commonly granted . again , the great decay of the queens majesties customs , by reason of stay and alteration of traffick ( albeit upon just occasion ) hath bred no small want ; for although in time it is not to be doubted , but that will grow again to his old course , and continue with great surety ; yet in the mean time , this want must some way be supplied ; for you know the horse must be provided for , whilst the grass is in growing . at the least let us do so much for our selves , as we do for our horses . for our selves it is that are to be relieved in this case . this i must needs say , that if the queens majesty did use in matters of expence , to do as commonly princes heretofore have used to do , then with the more difficulty might such extraordinary aid be assented unto , and yet of necessity to be had , to withstand a greater necessity . it hath been used in times past , that princes pleasures and delights have been commonly followed in matters of charge , as things of necessity . and now , because , god be praised , the relieving of the realms necessity is become the princes pleasure and delight , a noble conversion ( god continue it , and make us as we ought to be , earnestly thankful for it ! ) a princely example shewed by a soveraign for subjects to follow . to descend in some particulars : what need i to remember unto you , how the gorgeous , sumptuous , superfluous buildings of time past be for the realms good , by her majesty in this time turned into necessary buildings , and upholdings ? the chargeable , glittering , glorious triumphs , into delectable pastimes and shows ? embassadors of charge into such as be void of excess , and yet honourable and comely ? these and such like are dangerous dams , able to dry up the flowing fountains of any treasure ; and yet these imperfections have been commonly princes peculiars , especially young . one free from these was accounted rara avis , &c. and yet ( god be thanked ) a phoenix , a blessed bird of this kind god hath blessed us with . i think it may be affirmed , and that truly , that there hath not been any matter of great charge taken in hand by her majesty in this happy reign of twelve years and more , that hath not been thought before convenient to be done for the weal and profit of the realm ; so far her highness is from spending of treasure in vain matters , and therefore the rather how can a man make any difficulty to contribute according to his power ? specially , in maintaining of his sovereign , his country , his self , his wife and children , and what not ? having so long a proof by experience , of such an imployment ? here i would put you in mind of extraordinary charges to come , which in reason seems evident , but so i should be over tedious unto you , and frustra sit per plura quod sieri potest per pauciora . and therefore here i make an end , doubting that i have tarried you longer than i promised or meant , or perchance needed , your wisdoms and good inclinations considered . but you know things are to be done both in form and matter . and my trust is , that if i had stayed , i may be warranted by either , or by both , that you will take it in good part . thus far out of the copy of this foregoing speech . as soon as the lord keepers speech was ended , then the clerk of the upper house , read the names of receivers and tryers of petitions in french ( whose names are transcribed out of the original journal-book of the upper house ) and were as followeth . sir robert catlin knight , chief justice of the kings bench , sir william cordell knight , master of the rolls , sir john widden knight , one of the justices of sir richard read knight , and d r huick , who were receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoigne , and the parts beyond the seas , and the isles : sir james dyer knight , chief justice of the common-pleas , sir edward saunders knight , lord chief baron , richard weston one of the justices of welsh one of the justices of d r lewis , d r yale , and d r vaughan . triers of petitions for england , ireland , wales and scotland , the archbishop of canterbury , the earl of arundel , the earl of sussex , the earl of huntington , the earl of bedford , the bishop of london , the bishop of durham , the bishop of salisbury , the lord clinton , the lord admiral of england , the lord cobham , the lord wentworth , and the lord north. triers of petitions for gascoigne , and for other parts beyond the seas , and the isles , the archbishop of york , the marquess of northampton , the earl of shrewsbury , the earl of leicester , the bishop of winchester , the bishop of worcester , the bishop of lincoln , the lord howard of esfingham , chamberlain of the queen , the lord windsor , the lord hastings of loughborough , and the lord carie of hùnsdon . hodiè retornatum breve quo edwardus comes oxon. praesenti huic parliamento summonitus fuit , qui admissus fuit ad suum in sedendo praeheminentiae locum , salvo cuique jure suo . the like writs returned for henry earl of pembroke , and william lord sands . hodiè retornatum fuit breve , quo richardus episcopus carliolen . praesenti buic parliamento summonebatur , qui admissus fuit ad suum in sedendo praeheminentiae locum , salvo jure alieno . on wednesday the th day of april in the afternoon , but at or about what hour appeareth not , although it may probably be guessed , that it was about three of the clock , her majesty with divers lords spiritual and temporal , assembled in the upper house , whose names are marked to have been present this day in the original journal-book of the upper house , being as followeth . regina . archiepiscopus cantuarien . episcopus london . episcopus dunelmen . episcopus winton . episcopus hereforden . episcopus wigorn. episcopus lincolnien . episcopus sarisburien . episcopus meneven . episcopus roffen . episcopus norwicen . episcopus carliolen . episcopus cestren . episcopus assaven . episcopus glocestren . episcopus bangoren . episcopus landaven . nicolaus bacon miles , dominus custos magni sigilli . marchio northampton . comes arundell . comes oxon. comes wigorn. comes sussex . comes southampton . comes bedford . comes pembroke . comes leicester . vice-comes hereford . vice-comes mountague . which are all the lords spiritual and temporal sitting on the two upper forms , noted to be present this day . nota , that the spiritual lords are always thus placed in the original journal-book of the upper house , on the dexter side , not in respect of their precedency , but ( as it should seem ) because the archbishop of canterbury the chief of them is the first peer of england , and so the residue of the clergy are placed next after him , in respect of their ecclesiastical dignities . the next that follow are the barons , who are placed in the said journal-book in respect of their several places and precedencies , as followeth . barones . dominus clinton admirallus angliae . dominus howard camerarius . dominus burgavenny . dominus strainge . dominus dacres de souch . dominus cobham . dominus stafford . dominus gray de wilton . dominus dudley . dominus lumley . dominus darcie . dominus mountegle . dominus vauxes . dominus windesor . dominus wentworth . dominus burgh . dominus crumwell . dominus evers . dominus wharton . dominus rich. dominus willoughby . dominus paget . dominus darcie de chich. dominus north. dominus shandois . dominus haistings de loughborough . dominus hunsdon . dominus s t john de bletsoe . dominus buckhurst . dominus de la ware. her majesty and the lords being thus set , the knights , citizens and burgesses of the house of commons , had notice thereof , and thereupon repaired to the upper house , with christopher wray serjeant at law , their lately elected speaker , whose presentation to her majesty , and allowance by her , being not mentioned in the original journal-book of the said house , are therefore wholly transcribed out of that before-cited anonymous journal , more particularly mentioned at the beginning of this present journal , the same also in effect being contained in the original journal-book of the house of commons , fol. . a. the said speaker being led up to the rail or bar , at the lower end of the upper house , by two of the most honourable personages of the house of commons , did there , after three reverences made , humbly beseech her majesty , according to the usual course , that albeit he could not obtain of the commons ( who had elected him to be their speaker ) for such causes , as he had alledged , to be disbunthened of that place , that so some other more fit and able might be chosen , that yet her highness would vouchsafe to have consideration of the greatness of the service , and therefore to require them eftsoons to return to the house , and to make a new choice . to which his petition , the lord keeper , by her majesties commandment , answered and said . that as well for that her highness had understood of him , as for that the commons had chosen him , his request could not be granted . whereupon the said speaker being allowed , he desired to be heard to say somewhat concerning the orderly government of a common-weal , which to be duly done , he said , there were three things requisite , religion , authority , and laws . by religion , he said , we do not only know god aright , but also how to obey the king or queen , whom god shall assign to reign over us ; and that , not in temporal causes , but in spiritual or ecclesiastical ; in which wholly her majesties power is absolute . and leaving all proofs of divinity to the bishops , and fathers ( as he said he would ) he prov'd the same by the practice of princes within this realm ; and first , made remembrance of lucius the first christian king , who having written to elut herius the pope , . years past for the roman laws , he was answered , that he had the holy scriptures , out of the which he might draw to himself , and for his subjects , laws by his own good discretion ; for that he was the vicar of christ over the people of brittain . the conqueror ( he said ) in the erection of battell-abby , granted that the church should be free from all episcopal jurisdiction . henry the third gave to ranulph bishop of london , the archbishoprick of canterbury , by these words , rex , &c. sciatis quod dedimus dilect . nostro ranulpho archiepiscop . cantuarien . quem instituimus anulo & baculo . the ring , he said , was the sign of perfection ; the staff the sign of pastoral rule , which he could not do , if these kings had not had and used the ecclesiastical powers . in the reports of the law , we find that an excommunication of a certain person came from the pope under his leaden bull ; and was shewed in abatement of an action brought at the common law ; which , besides that it was of no force , the king and judges were of mind , that he who brought it , had deserved death , so to presume on any foreign authority ; which authority being now by gods grace , and her highness means , abolished , and the freedom of consciences , and the truth of gods word established ; we therefore ought greatly to thank god and her . for authority , or the sword , whereby the common-wealth is stayed , three things he said are requisite ; men , armour and money . for men , their good wills he said were most , being of it self a strong fortress . for armor , the necessity he shewed in part , and how requisite treasure was , he a little declared . and concluded , that all three must be conjoined , men , armour and mony. lastly for laws , the third stay of the common-wealth ; he said there must be consideration in making them , and care in executing of them ; in making such , as by the providing for one part of the common-wealth , the rest should not be hindred , which were indeed a matter most pernicious ; and this he vouched out of plato de legibus . for execution , he said , that since the law of it self is but mute , set in paper , not able to do ought , the magistrate ( except he will be also mute ) must be the doer , and then is a good law said to be well made , when it is well executed ; for anima legis est executio . hereupon he said something in commendation of her majesty , who had given free course to her laws , not sending or requiring the stay of justice , by her letters or privy-seals , as heretofore sometime hath been by her progenitors used . neither hath she pardoned any , without the advice of such , before whom the offendors have been arraigned , and the cause heard . his oration being ended , he then made four petitions ; the first , that the persons , servants and goods of all coming to that assembly , might be free from all arrests . secondly , that for cause of conference , they might have access to her majesty . thirdly , if any sent should not truly report , or in part mistake the meaning of the house , that the same should be by her highness favourably heard . and lastly , that in the house all men might have free speech . this oration being ended , by direction from her majesty , and instructions given what should be said , the lord keeper answered thus ; dividing his speech into three parts , the first , where he had sometimes inserted commendations of her majesty , he said , her highness would not acknowledge so great perfections to be in her ; but said , that they should be instructions for her better proceedings in time to come . the second part of his oration , he said , concerning the rule , for ordering of the common-wealth , she well liked of , and wished , that as he had well conceived of it , and well uttered the same , so he and others would endeavour the execution thereof . for his petitions , he said , her majesties pleasure was , that the first should be granted , with this caution , that no man should under their shadows , untruly protect any others . for the second , he said , at time convenient , her pleasure was , they should come freely . touching the third part , he said , she could not imagine that among so many wise men it could happen ; but if it should , her grace would be content to remit it . the fourth was such , that her majesty having experience of late of some disorder , and certain offences , which though they were not punished , yet were they offences still , and so must be accompted ; therefore said , they should do well to meddle with no matters of state , but such as should be propounded unto them , and to occupy themselves in other matters , concerning the common-wealth . the presentment and allowance of the speaker being thus transcribed , out of that often before vouched anonymous journal of the house of commons in this parliament , now follow the residue of this days passages , with those also of other days ensuing , out of the original journal-book of the upper house . hodiè returnatum est breve , &c. by which the bishop of exeter was summoned to this parliament , who was thereupon admitted to his accustomed place . the like writs were returned , whereby the lord paget , and the lord de la ware , were summoned to the said parliament , who were thereupon admitted . there is no entrance of the adjournment , or continuance of this parliament , which happened doubtless through the great negligence of the clerk of the upper house ; although it is most casy to conjecture , that the lord keeper did continue the same , by her majesties commandment , unto some hour of the afternoon following , being thursday the th day of this instant april . this day finally ( but whether before or after the rising of the lords of the upper house , doth not appear ) were divers proxies returned , and delivered in unto the clerk of the said upper house , or to some other belonging unto him ; of which the unusual or extraordinary proxies , were only three , and those also all from spiritual lords , which are entred in the original journal-book of the said upper house , in manner and form following . die april . introductae sunt litterae procuratoriae hugonis episcopi landaven . in quibus procuratores suos constituit nicolaum wigorn. richard. meneven . & nicolaum bangor . episcopos , conjunctim & divisim . eodem die introductae sunt litterae procuratoriae thom. episcopi coventr . & litchf . in quibus procuratores suos constituit nicol. wigorn. johannem salisburien . & richardum meneven . episcopos , conjunctim & divisim . eodem die introductae sunt literae procuratoriae richardi episcopi gloucestr . in quibus procuratores suos constituit nicol. wigorn. johan . norwicen . & willielmum exonien . episcopos . nota , that i call an extraordinary proxy , when a bishop constitutes one proctor , or more than two , and when a temporal lord constitutes more than one ; for of ten temporal lords , who sent proxies this parliament , none appointed more than a single proctor , and of seven spiritual lords , four constituted but two proctors apiece . note also , that the earl of leicester had this parliament seven proxies sent unto him , all entred in the original journal-book of the upper house , to have been returned on the said th day of april ; viz. from william marquess of winchester , edward earl of derby , henry lord berkely , henry lord scroope , george earl of shrewsbury , edward lord dudley , and ambrose earl of warwick : vide a like president on tuesday the th day of october , an. reg. eliz. anteá . on thursday the th day of april , to which day the parliament had been doubtless continued or adjourned yesterday , although through the clerks negligence it be not at all mentioned in the original journal-book of the upper house , two bills of no great moment , had each of them one reading ; of which the second being the bill for the punishment of collectors , receivers , &c. for their fraudulent and unjust deceiving of the queens majesty in their offices , was read primâ vice . the bill for the reviving and continuance of certain statutes , was read the first time , and commissa vice-comiti mountague , episcopo london , episcopo hereford , episcopo elien . episcopo wigorn. domino wentworth , domino shandois , domino s t john de bletsoe , domino primario justiciario banci regis , justiciario welch , & justic . southcot . nota , that here a bill was committed upon the first reading , of which although it be not very usual , yet there want not divers presidents . vide april the th friday postea . nota also , that here the judges , being but assistants unto the upper house , are made joint committees with the lords , which is usually found in all these parliaments of her majesties reign , until the thirty ninth of the same . dominus custos magni sigilli adjournavit praesens parliamentum , until to morrow at eight of the clock . on friday the th day of april , three bills of no great moment , had each of them one reading ; of which the third touching receivers , &c. deceiving the queen of her treasure , was read secundâ vice , & commissa to the earl of hunt. the earl of bedford , the earl of leicester , the bishop of rochester , the bishop of salisbury , the bishop of lincoln , the lord hastings of loughborough , the lord north , the lord hunsdon , and to the queens attorney , and m r sollicitor . nota , that here the queens attorney and sollicitor , who are but meer attendants upon the upper house , are made joint committees with the lords . dominus custos magni sigilli adjournavit praesens parliamentum in diem crastinum hora nona . on saturday the th day of april , the lords assembled according to the last adjournment , and the lord keeper being absent , dominus clinton vicem gerens senescalli , ex mandato dominae reginae , continuavit praesens parliamentum usque in diem lunae proximum hora nona . april the th sunday . on monday the th day of april , two bills had each of them one reading ; of which the first being the bill against such as shall bring in any bulls , &c. was read prima vice , and committed unto the earl of sussex , the earl of huntington , the earl of pembroke and others ; and to the chief justices of the common-pleas , justice southcot , and justice carus . nota , that the judges , who were but meer assistants unto the upper house , are here made joint committees with the lords . vide consimise apr. . thursday . and the second touching receivers , collectors , &c. was read the second time , & eisdem dominis quibus primò commissa fuit , denuò committitur . nota , that this bill was read before , the second time , on friday the th day of this instant april foregoing , and committed , and therefore it should seem that this bill was not now read again the second time , but only some additions or amendments thereunto annexed by the committees , and thereupon the bill was again referred unto them , to be further considered of . for that sir nicholas bacon knight , lord keeper of the great seal of england , was sick , her majesties letters patents were read , authorizing sir robert catlin , chief justice of england , to supply the place of the said lord keeper , at all times , when the lord keeper , during this present parliament , shall be absent : the tenor of which here followeth verbatim . elizabeth by the grace of god , queen of england , france and ireland . defender of the faith , &c. to our trusty and right well-beloved sir robert catlin knight , chief justice of our common-pleas , before us to be holden , greeting . where our right trusty and right well-beloved councellor , sir nicholas bacon knight , lord keeper of our great seal of england , is at this time so visited with sickness , that he is not able to travel to the upper house of this our present parliament , holden at westminster , nor there to supply the room and place in the said upper house , amongst the lord spiritual and temporal there assembled , as to the office of the lord chancellor , or lord keeper of the great seal of england hath been accustomed ; we therefore minding the same place and room to be supplied , in all things as appertaineth , for and during every time of his absence , have named and appointed you , and by these presents , do constitute , name , appoint and authorize you , from day to day , and time to time , when and so often as the said lord keeper shall happen at any time or times , during this present parliament to be absent from his accustomed place in the upper house , to occupy , use and supply the room and place of the said lord keeper , in the said upper house , amongst the said lords spiritual and temporal there assembled , at every such day and time of his absence , and then and there at every such time , to do and execute all such things , as the said lord keeper of the great seal of england , should or might do , if he were there personally present , using and supplying the same room . wherefore we will and command you the said sir robert catlin , to attend to the doing and execution of the premises with effect . and these our letters patents shall be your sufficient warrant and discharge for the same , in every behalf . in witness whereof , we have caused these our letters to be made patents . witness our selves at westminster , the th day of april , in the thirteenth year of our reign . powle . nota , that this commission is in one respect very exotick , and unusual , because it doth not only give authority to the lord chief justice to supply the lord keepers place , until his recovery and return to parliament , as is ordinary in other commissions ; but it doth further authorize him to supply the said lord keepers place , at any time during this parliament , when he shall be absent , as well as at this present ; whence in this ensuing journal it is frequent , that sometimes the lord keeper , and sometimes the lord chief justice , though seldomer , without any new commission , do in their several turns continue the parliament . robertus catlin miles , dominus capital . justiciarius banci regis , continuavit praesens parliamentum usque in diem crastinum hora nona . on tuesday the th day of april , billa de novo reformata per dominos , quibus pridie committebatur , touching the bringing in of any bulls , or other writings from the bishop of rome , was read the first time . the new bill touching receivers , treasurers , collectors , &c. defrauding the queens majesty of her treasure , was read the first time . the bill touching the confirmation of the attainder of charles earl of westmerland , thomas earl of northumberland , and others , was read the first time . the lords requested to have conference with certain of the house of commons , touching a bill brought to them , concerning matters of religion , whereupon committees were appointed ; viz. the archbishop of canterbury , the marquess of northampton , and others . the lord keeper continued the parliament , usque in diem crastinum horâ octavâ . on wednesday the th day of april , it was ordered by the house , that the lords committees for the bill of bankrupts , may call unto them such of the house of commons , and others , as they shall think good , which may best inform touching any doubt , or other matter , that may rise upon the said bill . two bills also had each of them their second reading , of which the second being the new bill against the bringing in of bulls , was read the second time , & commissa justiciario southcot . dominus capitalis justiciarius , &c. continuavit praesens parliamentum usque in diem crastinum hora nona . on thursday the th day of april , the bill against receivers , treasurers , &c. was read tertiâ vice , & conclusa , and sent to the house of commons , by d r lewis , and d r huick . two bills also had each of them one reading , of which the first being the bill for the avoiding of frudulent deeds , and gifts , &c. was read primâ vice . dominus custos magni sigilli continuavit praesens parliamentum in diem sabbathi hora octavâ . on saturday the th day of april , a bill concerning the commission of sewers , was brought from the house of commons , and read primâ vice . then the parliament was continued by the lord chief justice , &c. unto thursday next horâ nonâ . on thursday the th day of april , to which day the parliament had been last continued on saturday foregoing , three bills of no great moment , had each of them one reading ; of which the first being the bill that the consent and exemplification of letters patents , shall be as good and available as the letters patents themselves , was read primâ vice , & commissa domino dier justiciario , & justiciario southcot . then the parliament was continued in ordinary form by the lord keeper of the great seal , unto to morrow horâ nonâ . on friday the th day of april , five bills had each of them one reading ; of which the first being the bill against bringing in of bulls from the see of rome , was read the second time , & commissa ad ingrossandum , it was read secundâ vice antea , and it seems now some additions were only read . the bill against fraudulent gifts , alienations , &c. was read the first time , and thereupon committed unto the earl of sussex , viscount hereford , and other lords , and to the lord chief justice dier , and justice southcot . vide apr. th antea . another bill committed upon the first reading . the parliament was continued in ordinary form by the lord keeper of the great seal , unto to morrow horâ nonâ . on saturday the th day of april , two bills of no great moment , had each of them one reading ; of which the first being the bill against the bringing in and putting in execution of bulls , writings , or instruments , and other superstitious things , from the see of rome , was read tertiâ vice , & communi omnium procerum assensu conclusa , and sent to the house of commons by sir richard read knight , and d r yale . the bill against fraudulent gifts , alienations , &c. was read primâ vice , but it should rather seem , that this bill was read secundâ vice , in respect that it had its first reading before on friday the th day of this instant april ; and being then committed , was either now upon the bringing in of it again by the committees , read the second time ; or else some additions or amendments thereof annexed unto it , by the said committees , were now read the first time , and not the bill it self ; but whether it were th' one or the other , it may easily be conjectured , that this bill was dashed in the house , upon the said reading this forenoon ; for on wednesday the th day of this instant april ensuing , a new bill ( as is very probable ) with this very title , had its first reading . the bill for commissions of sewers , was committed unto the earl of bedford , the bishop of worcester , the bishop of ely , the lord admiral , the lord burleigh , the lord rich , the lord ..... the lord darcie , de dethick , and unto justice southcot . nota , that the bill here committed , is not mentioned to have had any reading at this time , although it were most probable , that this commitment had reference to the second reading of the bill in the morning yesterday , notwithstanding that the second reading thereof be there omitted , as a matter of no great moment , which is a thing both likely and usual ; neither do there want presidents of this nature in the very next session of parliament ensuing , in an. reg. eliz. where divers bills are referred to committees , although there be no mention made of any reading they had : ut vide on wednesday the th day of may , on wednesday the th day , on tuesday the th day of june , in anno praedicto . dominus custos magni sigilli continuavit praesens parliamentum usque in diem mercurii prox . horâ octavâ . on wednesday the th day of april , three bills of no great moment , had each of them one reading ; of which the first being the bill for the confirmation of the attainder of charles earl of westmerland , thomas earl of northumberland , and others , was read secundâ vice , & commissa ad ingrossandum . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crast. horâ nonâ . on thursday the th day of april , three bills of no great moment , had each of them one reading ; of which the third being the bill for avoiding of fraudulent gifts , was read secundà vice , and committed to the earl of sussex , viscount hereford , and others , and to serjeant barham , and the queens sollicitor . dominus custos magni sigilli continuavit praesens parliamentium usque in diem sabbathi prox . horâ nonâ . on saturday the th day of april , five bills of no great moment , had each of them one reading ; of which the fourth being the bill for the confirmation of the attainder of charles earl of westmerland , thomas earl of northumberland , and others , was read tertiâ vice , & conclusa . and the fifth and last , being the bill for the reviving and continuance of certain statutes , was read tertiâ vice , & conclusa , and sent to the house of commons by serjeant barham , and the queens sollicitor . dominus custos magni sigilli continuavit praesens parliamentum usque in diem lunae prox . horâ nonâ . april the th sunday . on monday the th day of april , four bills of no great moment , had each of them one reading ; of which the second being the bill against usury , was read the second time , and committed unto the archbishop of canterbury , the earl of sussex , the earl of huntington , the earl of leicester , the bishop of winchester , the bishop of worcester , the bishop of chichester , the bishop of lincoln , and others ; and to serjeant barham , and the sollicitor general . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ octavâ . on tuesday the first day of may , the bill to make a free denizen peregrine barty , son of richard barty esq , and katherine dutchess of suffolk his wife , was read primâ vice . four bills were brought from the house of commons , of which one was the bill against fugitives over the sea. another was the bill for the town of shrewsbury . three bills also had each of them one reading , of which the second being the bill against fraudulent deeds , gifts , alienations , &c. was read tertiâ vice & conclusa , & commissa sollicitatori dominae reginae , & doctori lewis , in domum communem deferend . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ octavâ . on wednesday the second day of may , five bills of no great moment , had each of them one reading ; of which the second being the bill touching william skeffington , was read primâ vice , and the third against fugitives over the seas , was read primâ vice & commissa unto divers lords spiritual and temporal , of which the lord hastings of loughborough , a grand papist , was one . dominus custos magni sigilli continuavit praesens parliamentum usque in diem proximum horâ nonâ . on thursday the d day of may , five bills of no great moment , had each of them one reading ; of which the fourth being the bill touching dilapidations by ecclesiastical persons , was read primâ vice , and committed unto viscount hereford , viscount mountague , the bishop of winchester , the bishop of worcester , the bishop of ely , the bishop of rochester , the bishop of carlisle , the bishop of lincoln , the lord grey , the lord cobham , doctor lewes , and doctor yale . nota , though it be very usual in most of the journals of her majesties reign , for the judges and sometimes for the queens learned councel to be nominated joint committees with the lords , this present commitment foregoing is a very rare and unusual president , in respect that two doctors only ( as i conceive ) of the civil law , are made joint committees as aforesaid . but the reasons of this here may well be , in respect that this bill concerned dilapidations , properly belonging to the ecclesiastical courts , in which they are for the most part best experienced . and this may be a cause also , that the spiritual lords in this committee are more than the temporal , which is very seldom or rarely seen , but in some such like case . two bills were brought from the house of commons , of which the second was the bill for the ministers of the church to be of sound religion . dominus custos magni sigilli continuavit praesens parliamentum usque in diem sabbati proximum horâ nonâ . a release at large , and ad verbum , by henry sacheverill of risby , in the county of leicester , gent. , unto william skeffington , and his heirs , of all the right , which the said henry sacheverill had by feoffment of william skessington esq , and ralph sarheverill , and their cofeoffees , dated die januarii , anno regin . eliz. in the mannors , lands , &c. of and in kersby , trussington , thriamoston , humberston , silby , burton super molez , & in queenborough in com. leicester , which the said william skeffington and ralph sacheverill had from george clemand , and in all other mannors , lands , &c. lying in the towns and fields of skevington in the county of leicester , and stock in the county of lincoln , or elsewhere in england , cognit . usitat . locat . reputat . seu accept . ut possessiones & haereditamenta praedicti willielmi skeffington , licet tamen re verâ iidem willielmus & rudolphus nec corum alter eadem maneria , terras , tenementa & haereditamenta in illo scripto ultimo nominato mihi praefato henrico tradere , dimittere , feoffare , concedere , deliberare seu confirmarè niminè intenderint , seu voluerint , sed tantummodo idem scriptum taliter continens eadem maneria , terras , tenementa & haereditamenta , per frandem & deceptionem mei praefati henrici indebitè obtentum suit . then the same deed of release containeth warranty of all the premises unto william skeffington , and his heirs , against the said henry sacheverill his heirs and assigns for ever : in cujus rei testimonium huic praesenti scripto meo sigillum meum apposui . dat. quinto die martii , anno regni illustrissimae dominae nostrae elizabethae , dei gratia angliae , franciae & hiberniae reginae , fidei defensor . &c. decimo tertio . nota , that robert bowyer esq , who succeeded sir thomas smith knight , in the place of clerk of the upper house , in an. jacobi regis , in his abridgment of the journal of the queens time , hath at the end of this business touching henry sacheverill , inserted this note ensuing . upon what occasion or how this matter between skeffington and sacheverill came in question in the parliament , or why other than that a bill touching william skeffington was brought from the house of commons on tuesday the first day of this instant may preceeding , and had its first reading on wednesday the d day , and its second reading on thursday the d day of the same month foregoing , and was also read the third time and concluded , on this present th day of may , on which the said release was entred in the parliament book , appeareth not in the journal so much as by circumstance , which seemeth to have happened through the negligence of the clerk of the parliament , who was either m r spilman , or m r anthony mason alias weeks . on saturday the th day of may , to which , it should seem , the preceeding release is to be referred , four bills of no great moment , had each of them one reading ; of which the third being the bill whereby certain offences be made treason , was read secundâ vice , and committed unto the archbishop of canterbury , and others . two bills also were brought to the lords from the house of commons , of which the first was the bill for the coming to church , and receiving the communion . dominus custos magni sigilli continuavit praesens parliamentum usque in diem lunae prox . hora octavâ . may the th sunday . on monday the th day of may , eight bills of no great moment , had each of them one reading ; of which the last being the bill touching dilapidations by ecclesiastical persons , was read primâ vice , and committed unto the lords , that were before in that bill appointed ; whose names see on thursday the third day of this instant may foregoing ; and the earl of leicester and the lord of loughborough were added unto them . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ nonâ . on tuesday the th day of may , four bills of no great moment , had each of them one reading ; of which the last being the bill for respite of homage , was read secundâ vice , & commissa attornato & sollicitatori dominae reginae . the fourth lastly , being the bill whereby certain offences be made treasons , was read tertiâ vice , & conclusa , with a new proviso added thereunto by the lords , and certain amendments , and committed to m r attorney , and m r sollicitor , to be carried to the house of commons . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ octavâ . on wednesday the th day of may , the bill for coming to church and receiving the communion , was read secundâ vice , and committed to the earl of sussex , the earl of huntingdon , the earl of bedford , viscount mountague , the bishop of winchester , the bishop of hereford , the bishop of salisbury , the bishop of lincoln , the lord burleigh , the lord cobham , the lord lumley , the lord hastings of loughborough , and serjeant barham . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ octavâ . on thursday the th day of may , four bills of no great moment , had each of them one reading ; of which the second being the bill for the appointing of two several sheriffs for the counties of cambridge and huntington , was read secundâ vice , & commissa ad ingrossandum . and the last , that no purveyors shall take any corn , grain or victuals , within five miles of cambridge and oxford , was read primâ vice . nota , that cambridge is here ranked before oxford in the title of this bill . nine bills were brought up to the lords from the house of commons ; of which the third being the bill against the bringing in and putting in execution of bulls , &c. from the see of rome , was returned ( as it seemeth ) not expedited ; for the journal-book doth not set it down conclus . , as in like cases is usual . the earl of sussex , the earl of bedford , the earl of winchester , the bishop of ely , the lord burleigh , and the lord wentworth , were appointed to confer with certain of the house of commons about the bill of tellors , &c. the bill for increase of tillage , and maintenance of the navy , was referred to committees ; of which two were viscount hereford , and viscount mountague , but no mention is made of the reading of it ; of which nature see a like president on saturday the th day of april foregoing . dominus custos magni sigilli continuavit praesens parliamentum usque in diem sabbati horâ octavâ . on saturday the th day of may , the bill for two fifteenths and tenths , and one subsidy granted by the laity , was read primâ vice . seven bills were brought up to the lords from the house of commons ; of which one was the bill to restrain the oppression of common promoters ; and another for the maintenance of navigation . four bills also had each of them one reading , of which the third being the bill for restitution in bloud of the children of sir thomas wyatt knight , was read tertiâ vice , & conclusa . the bill lastly , against the bringing in of bulls , &c. was committed to the lords , that were in the committee for the bill of treasons ; who were appointed on saturday the th day of this instant may foregoing , to confer therein in certain points , with certain of the house of commons . dominus custos magni sigilli continuavit praesens parliamentum usque in diem lunae prox . horâ octavâ . may the th sunday . on monday the th day of may , nine bills of no great moment , had each of them one reading ; of which the second being the bill for one subsidy and two fifteenths and tenths , granted by the laity , was read secundâ vice . vide may . postea , the reason why no commitment . and the last for orders for bankrupts , was read secundâ vice & commissa ad ingrossandum . three bills which passed this day with the bill for restitution in bloud of the children of sir thomas wyatt knight , were sent to the house of commons by m r sollicitor , and doctor lewis . the bill for respite of homage , was referred to committees , but no mention made of the reading of it ; of which see a like president on saturday the th day of april foregoing . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ octavâ . on tuesday the th day of may , five bills had each of them one reading ; of which the first being the bill for one subsidy and two fifteenths and tenths , granted by the laity , was read secundâ vice , & conclusa . five bills were brought to the lords from the house of commons , of which one was for the confirmation of the attainder of charles earl of westmerland , and thomas earl of northumberland and others , with a proviso and amendments . and another was the bill for the town of lestwithiell in the county of cornwall . the bill lastly against simony was read secundâ vice , and committed to the earl of huntington , the earl of bedford , the bishop of winchester , the bishop of ely , the bishop of salisbury , the bishop of lincoln , the lord burleigh , the lord shandois , the lord hastings , and the lord hunsdon : and to the same committees was likewise committed the bill against corrupt presentations . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ octavâ . on wednesday the th day of may , three bills of no great moment , had each of them one reading ; of which the third being the bill touching orders for bankrupts , was read tertiâ vice , & conclusa , and sent to the house of commons , by doctor yale , and doctor huick . the proviso and amendments required by the house of commons , to be put in the bill for confirmation of the attainder of the earls of westmerland and northumberland , &c. were thrice read , and the lords gave their assent thereunto . the amendments likewise in the bill for constats and exemplifications of letters patents , being thrice read , the lords also gave their assents . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper and divers other lords , both spiritual and temporal , meeting , thirteen bills of no great moment , had each of them one reading ; of which the third touching dilapidations , the fifth for confirmation of a subsidy granted by the clergy , and the twelfth that no hay or plate shall cross the seas , were each of them read the second time , and ordered to be ingrossed . and of the said bills the second being to license the earl of leicester to erect an hospital , the fourth for the making of the river of welland navigable , the eighth for the maintenance of navigation , and the tenth for the continuance of making of caps , were each of them read secundâ vice ; but no mention is made , that they were either ordered to be ingrossed , or referred to committees , of which there can be but two reasons ; the first , that the lords deferred the committing or ingrossing thereof until some other time , as fell out before in the bill touching the commission of sewers ; which being read secundâ vice , on friday the d day of april foregoing , was referred to a committee the day following ( although sometimes it may be omitted likewise through the negligence of the clerk of the upper house ) or else another reason there may be , that such bills having passed the house of commons , and being sent up to the lords fairly ingrossed in parchment , can be no more ingrossed , neither do the lords ordinarily refer such bills to committees , unless there be very great cause , in respect that each house holding correspondency with other , they do not willingly submit that to the agitation of a private committee , which hath been allowed and approved by the wisdom of a whole house . there may also lastly a third reason be assigned , in some extraordinary cases , as this ; where bills of grace , viz. for the restitution in blood of any , and such like , were sent to the house from her majesty fairly ingrossed in parchment , and signed with her hand , which for the most part do pass the house , without any stop or question . on thursday the th day of may , to which day the parliament had been last continued by the lord keeper on the day foregoing , six bills of no great moment , had each of them one reading ; of which the first touching morrice rodney esq , the second for the town of lestwithiell in the county of cornwall , and the last to discharge sheriffs of the dyets of the justices of assize , were each of them read the second time ; but no mention was made , that they were either ordered to be ingrossed , or referred to committees ; of which see the reason at large discussed on the day foregoing , fitly suiting to this present occasion . three bills also of the aforesaid six , had each of them their third reading , and passed the house ; of which the first was the bill for restitution in blood of henry brercton esquire , and the second to license the earl of leicester to found an hospital . seven bills of no great moment , were brought from the house of commons ; of which the first being the bill whereby certain offences are made treason , was returned conclusa , with requests that it might be fair written again , which the lords performed accordingly on tuesday the th day of this instant may ensuing . three bills also had each of them one reading ; of which the last being the bill for coming to church , and receiving the communion , was read tertiâ vice , & conclusa , dissentientibus comitibus wigorn. & southampton . , & dominis windsor & vaux . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper and divers other lords , both spiritual and temporal , meeting , six bills of no great moment , had each of them one reading ; of which the first being the bill for the increase of tillage , and maintenance of the navy , was read the second time , and referred to the committees ; of which two were viscount hereford , and viscount mountague . the bill also for the town of bristol , was read the second time ; but there is no mention made , that it was referred to committees , or ordered to be ingrossed , because it had been sent up to the lords , from the house of commons , on tuesday the first day of this instant may foregoing ; of which see a like president on wednesday the th day of the same month , immediately preceeding . dominus custos magni sigilli continuavit praesens parliamentum usque in diem sabbati hora nona . on saturday the th day of may , eight bills of no great moment , had each of them one reading ; of which the fourth being the bill for avoiding of delays upon vouchers in real actions , was read primâ vice , and was thereupon committed to the lord dier , chief justice of the common-pleas , and other the justices , to consider thereof ; and the fifth being the bill touching the town of southampton , was read tertiâ vice , & conclusa , with certain corrections and amendments thereunto added by the lords . two bills were brought up to the lords from the house of commons ; of which the first being the bill for the preservation of timber and wood , was read primâ vice . the bill for southampton , the bill for the subsidy of the clergy , and fugitives over the seas , were delivered to doctor lewis , and doctor yale , to be carried to the house of commons . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper and divers other lords meeting , six bills of no great moment , had each of them one reading ; of which the third being the bill to restrain the oppression of common promoters ; and the last for the avoiding of perjury in clerks convict , were each of them read secundâ vice ; but no mention is made , that they were ordered to be ingrossed , or referred to the committees , because they had been formerly sent unto the lords from the house of commons , on saturday the th day , and on tuesday the th day of this instant may foregoing ; of which see a like president on wednesday the th day of the said month of may preceeding . dominus custos magni sigilli continuavit praesens parliamentum usque in diem lunae prox . horâ nonâ . may the th sunday . on monday the th day of may , eight bills had each of them one reading ; of which the last being the bill against vagabonds , and for relief of the poor , was read secundâ vice ; but no mention is made , that it was either ordered to be ingrossed , or referred to committees , because it had been sent up unto the lords from the house of commons , on saturday the th day of this instant month of may preceeding ; although it be there omitted . the second of the said eight bills , being for the preservation of wood , was read the second time , and committed unto divers lords , and unto the queens sollicitor . the bill for confirmation of a subsidy granted by the clergy , was returned by the lords from the house of commons conclusa . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper and divers other lords , both spiritual and temporal meeting ; three bills of no great moment , had each of them one reading ; of which the second being the bill for the commutation of penance in clerks convict , was read secundâ vice , & commissa unto the earl of hereford , viscount hereford , the bishop of winchester , and the bishop of worcester . dominus custos magni sigilli continuavit praesens parliamentum usque in diem proximum horâ octavâ . on tuesday the th day of may , the bill to make the lands and tenements of tellors , &c. liable to the payment of their debts , was read tertiâ vice & conclusa & missa in domum communem by doctor lewis and doctor yale , together with the bill of treasons , newly written out and examined by six of the lords , according to the request of the house of commons on thursday the th day of this instant may foregoing ; viz. the earl of huntington , the earl of bedford , viscount mountague , the bishop of worcester , the bishop of salisbury , and the bishop of s t davids . two bills also of no great moment , had each of them one reading ; of which the second being the bill to restrain the oppression of common promoters , was read tertiâ vice , & conclusa , with certain amendments added thereunto . five bills were brought up to the lords from the house of commons ; of which the first was the bill to make the river of welland navigable , the second against simony ; the third for the severance of sheriffs in the counties of bedford and buckingham ; the fourth for the erection of a grammar-school and writing-school in the borough of southwark ; and the last for the making of william watson a free denizen . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper and divers other lords both spiritual and temporal , meeting , two bills of no great moment , had each of them one reading ; of which the first being the bill for the erection of a grammar-school and writing-school in the borough of southwark , was read primâ vice . the bill to restrain the oppression of common promoters , was sent to the house of commons , by m r attorney and doctor huick . dominus custos magni sigilli continuavit praesens parliamentum usque in diem proximum horâ octavâ . on wednesday the th day of may , two bills of no great moment , had each of them one reading ; of which the second being the bill touching priests disguising themselves , was read the first time . ten bills were brought from the house of commons , the first to license the earl of leicester to found an hospital ; the second whereby certain offences be made treasons ; the third against fraudulent gifts to the intent to defeat dilapidations ; the fourth for the paving of the town of ipswich ; the fifth whereby the queens majesties servants in ordinary of her houshold and chamber , shall not be returned on juries ; the sixth against the bringing in of foreign wares forbidden ; the seventh for the continuance of sheriffs of sundry counties ; the eighth for the bringing in of bow-staves into the realm ; the ninth for ministers of the church to be sound in religion ; and the tenth for paving of a street without aldgate . dominus capitalis justiciarius continuavit praesens parliamentum usque in horam secundam post meridiem . nota , that here the lord chief justice did continue the parliament unto the afternoon , by virtue of that authority which was given unto him by her majesties commission , under the great seal of england , and set down at large on monday the th day of april foregoing . on the said th day of may , in the afternoon , seven bills of no great moment , had each of them one reading ; of which the third being the bill for the paving of a street without aldgate ; the fourth for the bringing in of bowes-staves into the realm ; and the sixth for the paving of the town of ipswich ; were each of them read the second time ; but no mention is made , that they were either referred to the committees , or ordered to be ingrossed , in respect that they had been sent up to the lords from the house of commons , this present wednesday in the forenoon ; of which see a like president on wednesday the th day of this instant may foregoing . the last also of the said seven bills , touching priests disguising themselves in strange apparel , was read the second time , & commissa ad ingrossandum . dominus capitalis justiciarius continuavit praesens parliamentum usque in diem proximum horâ octavâ . on thursday the th day of may , five bills of no great moment , had each of them one reading ; of which the first being the bill for the maintenance of the navy , and for encrease of tillage ; and the second for incorporating and uniting of weymouth , and melcomb-regis in com. dorset , were each of them read secundâ vice , & commissae ad ingrossand . eight bills were brought up to the lords from the house of commons ; the first being the bill for coming to church , and receiving the communion ; the second touching order for bankrupts ; the third for the commission of sewers ; the fourth for the appointing of two sheriffs for the two counties of huntington and cambridge ; the fifth for the restitution in blood of sir thomas wyat's children ; the sixth , that no hay or plate shall cross the seas ; the seventh for speedy tryal to be had upon issues in the counties of salop. and hereford ; and the last was the bill for the tryal of felons in the twelve shires of wales . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper and divers other lords , both spiritual and temporal , being assembled , two bills of no great moment , had each of them one reading ; of which the first being the bill for the incorporation of both universities , and the second for the tryal of felons in the twelve counties of wales , were each of them read primâ vice . the bill for coming to church , and the bill for severance of sheriffs in the counties of bucks and bedford , were delivered to doctor yale and doctor vaughan , to be carried to the house of commons . two bills also had each of them one reading ; of which the first being the bill for the speedy tryal to be had upon issues in the counties of salop and hereford , was read prima vice & commissa justiciario harper . three bills were brought up to the lords from the house of commons ; the first to restrain the oppression of common promoters ; the second for the restitution in blood of henry brereton esquire ; and the third for john tirrell esq . the bill for the paving of the town of ipswich , was read tertiâ vice , & conclusa . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ octavâ . on friday the th day of may , three bills had each of them one reading ; of which the first was for the incorporation of both universities ; the second for the incorporation and uniting of weymouth and melcomb-regis , in com. dorset ; and the third for increase of tillage , and maintenance of the navy ; they had each of them their third reading ; and passed upon the question . and were sent to the commons by m r attorney , and doctor vaughan . five bills also of no great moment , had each of them one reading ; of which the last being the bill whereby the queens majesties ordinary servants of houshold and chamber , shall not be returned on juries , was read tertiâ vice & reject . two bills were brought up to the lords , from the house of commons ; of which the first being the bill for coming to church , and receiving the communion , was returned conclusa . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lords met , but nothing was done save only the continuance of the parliament by the lord keeper , usque in diem proximum horâ octavâ . on saturday the th day of may , three bills were sent up to the lords from the house of commons ; of which the first being the bill that no purveyor shall take grain , corn or victual , within five miles of cambridge and oxford , was returned with certain amendments , and so the bill was concluded . two bill also were brought from the house of commons ; of which the first was the bill for the incorporation and uniting of weymouth , and melcomb-regis in com. dorset ; and the second for the town of southampton . the bill touching licences and dispensations , was committed to the archbishop of canterbury , and others , and to doctor lewis , and doctor huick . the bill lastly for limitation of the fees of councellors , and others , towards the law , was read secundâ vice , & commissa ad ingrossandum . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper and divers other lords assembling , three bills had each of them one reading ; of which the second touching the limitation of fees of councellors , and others towards the law , was read tertiâ vice & conclusa , and sent to the house of commons , by doctor lewis , and doctor vaughan . four bills were brought from the house of commons , of which the first was the bill against fugitives over the seas ; the second for incorporation of both universities ; with a new proviso added by the house of commons , and certain amendments , which were thrice read and assented unto ; the third for reviving and continuance of statutes ; and the last touching corrupt presentations . the bill touching severance of sheriffs of sundry counties , was read the second time ; but no mention is made , that it was either referred to committees , or ordered to be ingrossed , in regard it had been sent up to the lords from the house of commons , on wednesday the th day of this instant month of may preceeding : of which see a like president on wednesday the th day of the same month foregoing . the bill against fugitives , was sent to the house of commons by doctor lewis and doctor yale , with the latter proviso put out , and all other amendments . three bills were brought from the house of commons , the first against fugitives over the seas , and the second for the increase of tillage , and maintenance of the navy . dominus custos magni sigilli continuavit praesens parliamentum usque in diem lunae prox . horâ nonâ . may the th sunday . on monday the th day of may , four bills of no great moment , had each of them their third reading , and passed the house ; of which the first was the bill for john tirrell esq ; and the second for the increase of tillage , and maintenance of the navy . two bills were sent at several times unto the lords from the house of commons , of which the first being for the bringing in of the river of lee to the north-side of the city of london , was returned with a new proviso , and certain amendments added by them of the house of commons . and the second also for the assurance of certain lands to the lord berkeley , and the lady katherine his wife , was returned with certain amendments and a proviso added thereunto . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper , and divers lords meeting , the bill for the bringing in of the river of lee , to the north-side of the city of london , was read tertiâ vice , with certain provisoes and amendments added thereunto by the house of commons , and assented unto by the lords . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ octavâ . on tuesday the th day of may , the bill touching the queens majesties most gracious , general and free pardon , was read primâ vice , & conclusa . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper , and divers other lords assembling , six bills were brought from the house of commons ; of which the first being for the continuance of the severance of sheriffs in sundry counties , and the second to make the lands , goods and chattels of tellors , &c. liable to the payment of their debts , were each of them returned conclusae . the bill of the queens majesties general and free pardon , was returned conclusa . note that robert bowyer esq , who succeeded sir thomas smith in the place of clerk of the upper house , in an. jacobi regis , in his abridgment of the journals of the said house , during the queens reign , hath in this place upon the sending up of the aforesaid bill of pardon , left this animadversion following ; viz. it seemeth the clerks negligence that the sending of this bill to the lower house , is not set down in the journal-book : also by entrance of the returning thereof , it seemeth that the same was sent single , alone by special messengers , and not with the other six bills . nota also , that all the following passages of this afternoon , excepting the entrance only of the dissolution of the parliament , are all transcribed out of the original journal-book of the house of commons , and the speech of sir nicholas bacon the lord keeper , was transcribed out of a copy thereof which i had by me ; as was also the manner of her majesties passing the several acts supplied by my self , according to the ordinary use of a former president thereof . none of all which passages ( excepting that only touching the entrance of the dissolution of the said parliament ) are at all found in the original journal-book of the upper house : but do now come to be supplied out of those other above-mentioned manuscript monuments ; and in the first place out of the original journal-book of the house of commons , in manner and form following . about four of the clock in the afternoon , the queens majestie being sat in her royal seat , in the upper house , m r speaker made his oration , presented unto her majesty the book of the subsidy , and in the name of the whole house , gave her majesty most humble thanks for her highness general and free pardon , and prayed her majesties royal assent unto such acts and laws , as had passed both the houses in this session . this being thus transcribed out of the original journal-book of the house of commons , fol. . a. now follows the answer of sir nicholas bacon , lord keeper of the great seal , at large , which he made unto the speakers speech , being transcribed out of a copy i had by me . m r speaker , the queens majesty hath heard , and doth very well understand , how discreetly and wisely you have declared the proceedings of this session in the nether house ; for answer whereof , and for the better signification of what her majesties opinion is , both of parliament men and parliament matters ; this is to let you understand , her majesty hath commanded me to say unto you , that , like as the greatest number of them of the lower house , have in the proceedings of this sessions shewed themselves modest , discreet and dutiful , as becomes good and loving subjects , and meet for the places that they be called unto : so there be certain of them , although not many in number , who in the proceeding of this session , have shewed themselves audacious , arrogant and presumptuous , calling her majesties grants and prerogatives also in question , contrary to their duty and place that they be called unto ; and contrary to the express admonition given in her majesties name , in the beginning of this parliament ; which it might very well have become them to have had more regard unto . but her majesty saith , that seeing they will thus wilfully forget themselves , they are otherwise to be remembred : and like as her majesty allows and much commends the former sort , for the respects aforesaid , so doth her highness utterly disallow , and condemn the second sort , for their audacious , arrogant and presumptuous folly , thus by superfluous speech spending much time in medling with matters neither pertaining to them , nor within the capacity of their understanding . and thus much concerning the parliament of the lower house . and as to the lords here of the upper house , her majesty hath commanded me to let you know , that her highness taketh their diligence , discretion and orderly proceedings , to be such , as redoundeth much to their honour and commendations , and much to her comfort and consolation . and here an end touching parliament men . now as to the parliament matters , her majesty hath commanded me to open and declare unto you , her opinion conceived therein , touching two things ; the one is concerning the subsidy and benevolence , the other is concerning the execution of the laws . as to the former , which concerneth the subsidy and benevolence , her pleasure is , that i shall say unto you , that in your dealings in that matter , she hath noted three things principally ; every of them tending much to the setting forth of your benevolences , and good wills ; the first is , who it was that granted , the second the manner of the granting , the third what it was that was granted . as to the first , her majesty forgetteth not , that it is a grant made proceeding from the earnest affections , and hearty good wills of her good , dutiful and obedient subjects , for the greatest part . and therefore hath commanded me to say unto you , that she maketh a greater accompt of the great good wills and benevolent minds of her good and loving subjects , than she doth of ten subsidies ; which as it ought to bring and breed in us great comfort and delight , so in reason it ought to move us ( as i doubt not but it doth ) to be and continue such as be worthy such an estimation and accompt . again , her majesty forgetteth not , that besides this is not a grant by good and loving subjects , that never made like grant heretofore ; but by such as have contributed from time to time , as the necessary charges of the realm , and their own sureties have required ; which doth much commend and set forth this benevolence of yours . and thus much concerning the persons that have granted . and as to the second , which is the manner of granting , her highness knoweth very well , that before her time these manner of grants have sundry times past , not without difficulties , with long perswasions , and sometimes not without sharp speeches , but this contrariwise without any such speeches or other difficulty hath been freely and frankly offered and presented ; and like as the former did much extenuate their benevolence , so is this of yours greatly extended . it is written and very truly , concerning benevolences , qui diu distulit diu noluit , and therefore justly concluded , bis dat qui citò dat ; which sayings she cannot but apply to you , in the proceedings of your grant. again , universality in consent doth greatly commend also your dealings in this matter ; for a more universal consent than was in this , will hardly be had in any ; and therefore much the more commendable . and thus much touching the manner of the gift . and as to the third , which concerneth the thing given , her majesty saith , that she thinketh it to be as great as any heretofore hath been granted , and therefore you are to receive condign thanks for it . and hath further willed me to say , that if the service of the realm and your sureties would so permit and suffer , her majesty would as gladly , as readily , and as frankly remit this grant , as you have freely and liberally granted it . thus i have remembred unto you the three princely observations , that her majesty hath conceived of this benevolence of yours , much to your comfort , and greatly to her majesties honour ; to your commendation for granting , and to her highness for this honourable accepting ; for her majesty shall by this grant receive no commodity or benefit , but rather a continual care in dispending and imploying of it , about the necessary affairs and service of the realm , and your sureties ; and yet it is a great comfort to her majesty , to see you thus frankly and freely join with her self , the realm , and you. now to the second and last part , which concerneth the execution of laws , which i mean to divide into two parts ; the first is the execution of your grant , the second is the execution of laws , now made by you , and of the rest made before of others . as to the former , i am to remember you , that like as it hath pleased the queens majesty thus princely , honourably and thankfully , to think of and accept this free and liberal grant of yours ; so certainly , if the like diligence and endeavour be not used , by such of you as choice shall be made of by her majesty for the due putting in execution of this grant , then surely those that shall be thus remiss , or negligent , as by that means her majesty and the realm shall be defrauded of any part of that which hath been thus freely granted , shall thereby minister just occasion to her highness to have their fidelity and truth towards her majesty , much to be suspected and charged ; which would touch them very near . neither is it an offence that would be pretermitted , but severely punished . why , if the case were between common persons , can there be a greater untruth and unthankfulness , than for a man to make a grant in appearance willingly and readily , and then to seek wilily and craftily to defraud the same grant ? this amongst honest persons , is utterly detested , and if so , how then might it be thought of between the prince and his subjects ? where for divers respects this bond is thrice as great ; for as the subject by the duty of his allegiance , is to serve the prince truly , even so is he by his oath , and so is he by the great trust , that by the princes choice is committed unto him , as a commissioner in this matter , above others . plainly to speak , it may be affirmed , and that justly , that such as be in commission for the execution of this grant , and shall deal partially , either for favour , or for fear , or for love to themselves , or their friends , or negligently or remisly , of purpose whereby her majesty shall not be answered of that that is due unto her , such i say , may justly be charged as men forgetting their duty towards god , and their soveraign , and to their country . it cannot be denied , that numbers respect only their private profit , and not the universal profit of the realm , which is their surety and defence ; they respect themselves , as private persons , and not as members of the universal body ; but their imperfection would be supplied by the wisdom and perswasion of such , as the queens majesty shall commit trust unto by her commission , to see this subsidy well and truly levied . and thus much for the execution of the grant ; now to the execution of laws , made by you , and the rest made heretofore by others . i am to remember you , that all these labours , travels and pains taken about the laws now made , and before time taken about the rest heretofore made , and all the charge sustained by the realm about the making of them , is all in vain , and labour lost , without the due execution of them . for , as it hath been said , a law without execution , is but a body without life , a cause without an effect , a countenance of a thing , and indeed nothing ; pen , ink , and paper , are as much towards the governance of the common-wealth , as the rudder or helm of a ship serveth to the governance of it without a governour , and as rods serve for correction without hands . were it not a meer madness for a man to provide fair torches to guide his going by night , and when he should use them in the dark , to carry them unlight ? or for one to provide fair and handsome tools to prune or reform his orchard , or garden , and to lay them up without use ? and what thing else is it to make wholesome and provident laws in fair books , and to lay them up safe , without seeing them executed ? surely in reason there is no difference between the examples , saving that the making of laws , without execution , is in much worse case , than those vain provisions before remembred ; for those , albeit they do no good , yet they do no hurt ; but the making of laws without execution , does very much harm ; for that breeds and brings forth contempt of laws , and law-makers , and of all magistrates ; which is the very foundation of all misgovernance , and therefore must needs be great and hainous in those , that are the causers of this ; indeed they are the very occasions of all injuries and injustice , and of all disorders and unquietness in the common-wealth . for certain and evident it is , that the queens majesty , that is head of the law doth all meet for her majesty to do , for the due execution of them . first , she giveth her royal assent to the making of them , the most material of them she commandeth to be proclaimed , and published ; and yet ceaseth not there , but she granteth out her commission into every of her shires , to men which are or should be of greatest consideration within the limits of their charge , which for the better executing of them are sworn to see the execution of her laws to them committed , within the limits of their commissions : and yet besides all this , by her majesties commandment , a number of these justices are yearly once at the least called into her highnesses star-chamber , and there in her majesties name , exhorted , admonished and commanded , to see the due execution of their charges . and thus you see her majesty enacteth , proclaimeth , committeth , exhorteth , admonisheth and commandeth from time to time ; yea , what can be devised meet for her majesty to do , for help if this , that is left undone ? surely nothing , to her majesties honour and renown . whereupon it followeth necessarily and consequently , that the whole burthen of the offence and enormity must light upon us , that are put in trust by her majesty , to see those laws executed ; and certainly this offence groweth great or little , as the trust committed for the execution of laws , is great or little ; and therefore it standeth us greatly upon , to use our whole cares and endeavours , for the help of this hereafter . were it possible , trow you , that if justices being dispersed through the whole realm , as they be , did carefully and diligently endeavour themselves , according to the trust committed unto them , by their soveraign , duly and truly to execute their charge , as they be bound by their oath to god , and by their allegiance to their soveraign , and by duty to their natural country , and rightly considered , by the love they should bear to themselves and their posterity ( for if their country do not well , they shall fare but illfavouredly ) were it possible , i say , if this were so done , that laws should be thus remisly and negligently executed ? no , doubtless . is it not ( trow you ) a monstrous disguising , to have a justice a maintainer ; to have him that should by his oath and duty set forth justice and right , against his oath offer injury and wrong ; to have him that is specially chosen amongst a number by a prince to appease all brawlings and controversies , to be a sower and maintainer of strife and sedition , by swaying and leading of juries according to his will ; acquitting some for gain , indicting others for malice , bearing with them , as his servant or friend , over-throwing others as his enemy ; procuring the questmonger to be of his livery , or otherwise in his danger ; that his winks , frownings , and countenances may direct all inquests ? surely , surely , these be they that be subverters of all good laws and orders ; yea , that make daily the laws , which of their nature be good , to become instruments of all injuries and mischief ; these be they indeed of whom such examples would be made , as of the founders and maintainers of all enormities ; and these be those whom , if you cannot reform for their greatness , you ought to complain of them ; and like as this is not said of those that be good , so is this and much more to be said and done against those that be evil. but here it may be said , the mischief appears ; what is the remedy ? to make all laws presently executed ? i can hardly hope to make them in better case , than now they be , and although i had such hopes , i could find no more helps but these . the first is having great care in the choice of the officers . the second by sharp corrections imposed upon such offenders . there should be throughout the realm a triennial or biennial visitation in this nature , made of all temporal officers , and ministers , that by vertue of their office have in charge to see execution of laws . by this , i mean , that the queens majesty should make choice every second or third year , of certain expert and approved persons , to whom commission should be granted , to try out and examine by all good means and ways the offences of all such as have not seen to the due execution of the laws , and according to the offences so found and certified , to be sharply punished without omission or redemption . of effect like unto this , and to the like end , was the visitation of the church first devised , whereof came in the beginning great good doubtless ; and reason i see none , but that a like good ought to follow upon a like visitation made amongst temporal officers . now to find out the faults seemeth not hard , for amongst many other ways , there is one plain , evident and easie ; and that is where offences do abound in any country , contrary to the laws , which the justices should so reform , and there be nothing done by them for the reformation of those offences ; i do not see but this makes a full charge of their uncarefulness and negligence , whereby they are well worthy , upon certificate made , as is aforesaid , to be removed of all governance , to their perpetual ignominy , and to the commendation of all those that remain as good officers . and besides , to set forth other pains upon them , as by law may be justified ; if this were once or twice done , i doubt not but the examples following of the doing of it would cause greater diligence to be used in the execution of laws , than now there is . and the better to understand which be those justices that do offend , why might there not be order taken , that the name of every justice that hath not prosecuted any offender , for any offence committed contrary to any law , which by the commission that he is in , he is authorized to see punished , might be entred into some rolls ; and also how often , and how many of those kind of offences he hath also prosecuted for a declaration of his diligence , whereby it might appear when such visitation should come , who hath been careful , and who hath been negligent , to the end that the slothful , drowzy drones , might be severed from the diligent and careful bees . and like as i could wish this to be done concerning offices of mean degree ; so do i desire that the same course might be taken with the great and greatest ; for so it should be equable . but if there be nothing done therein , but things left as they have been , then must you look to have your laws executed as they have been , if not worse ; for words will not reform these matters , as i have seen by proof . and this is the sum of what i have to say at this time , concerning the execution of laws . this speech of the lord keepers being thus transcribed out of the before-mentioned copy thereof , now follows the manner of her majesties giving her royal assent to such acts as passed , as it is set down in the end of the original journal-book of the upper house , in an . reg. eliz. although it be omitted in that of this present parliament . the title of the bill of subsidy being read after the publick and private acts ; the clerk of the said house standing up , did read the queens answer in manner and form following . la roigne remercie ses loyaulx subjects , accepte lour benevolence , & ainst le veult . the said clerk having read the queens acceptance , and thanks for the subsidy given as aforesaid , did then upon the reading of the title of her majesties pardon , pronounce in these french words following , the thanks of the lords and commons for the same . les prelats , seigneurs & communes , en ce present parliament assembles , au nom de touts vos autres subjects , remercient tres humblement vostre majesty , & prient à dieu qu' il vous done & santé , bone vie & longe . to every one of the publick acts allowed by the queen , the clerk of the parliament read these french words following . la roigne le veult . to every private act that passed , the said clerk read the queens answer , in these french words following : soit fait come il est desiré . these two last answers to the publick and private acts , that passed , are to be written by the said clerk , at the end of every act. to such acts , as her majesty doth forbear to allow , the clerk of the parliament reads these french words following ; viz. la roigne s' advisera . her majesty finally having given her royal assent to twenty eight publick acts , and thirteen private , dissolved the parliament , which is entred in the original journal-book of the upper-house , in manner and form following ; viz. dominus custos magni sigilli ex mandato dominae reginae dissolvit praesens parliamentum . the journal of the house of commons . a journal of the proceedings of the house of commons , in the parliament bolden at westminster , an. reg. eliz. a. d. , which began there on monday the d day of april , and then and there continued until the dissolution thereof on tuesday the th day of may ensuing . this present journal of the house of commons de an . regin . eliz. is not only plentifully stored with all usual passages touching the orders and priviledges of the house , but is most worthy to be had in eternal remembrance , in respect of the long agitation and judicious debatement of matters of religion , and ecclesiastical government : for the reformation of which , the said house did express a great deal of earnest zeal and care , although all in the issue came to nothing , out of that old principle inculcated into her majesty by some politick head , and misapplyed by her ; viz. that nothing must be innovated in matters of religion . all which matters , with those also less extraordinary , are more largely set down in the original journal-book of the house of commons , than was usual in the former journals of her majesties reign , by reason that fulk onslow esq , did , as may be guessed , succeed in the place of clerk of the said house , unto ..... seymour . esq , somewhat before the beginning of this parliament . which said journal is also much perfected out of an imperfect journal of the same house i had by me , taken by some anonymous member of the said house , at this parliament ; in which , to avoid confusion , whatsoever is here inserted out of the said imperfect journal , is distinguished by some animadversion . the third parliament of queen elizabeth held in the thirteenth year of her majesties most happy and prosperous reign , begun at the city of westminster , upon monday the second day of april , and during the time that her majesty was at the sermon at westminster church , whither she had repaired about ten of the clock in the forenoon of the said monday , the lord clinton high admiral of england , accompanied with divers of her majesties most honourable privy-council ; that is to say , sir francis knolles k t , treasurer of her highness most honourable houshold , sir james crofts k t , comptroller of the same , sir ralph sadler k t , chancellor of her majesties dutchy of lancaster , sir walter mildmay k t , chancellor of her highness court of exchequer , and sir thomas smith knight , repaired into the lower house of parliament ; and there in the presence and hearing of a great number of the knights , citizens and burgesses of the same parliament assembled , the said lord clinton signified , that the queens majesty had called and appointed him to be the steward of her highness most honourable houshold , to continue during her majesties pleasure : which being likewise affirmed and testified by the said other of her highness most honourable privy-council , the said lord steward then further declared , that he did then and there name , constitute and authorize the said sir francis knolles , sir james crofts , sir ralph sadler , sir walter mildmay , and sir thomas smith knights , to be his deputies , for and in the ministring of the oath , to all and singular the knights of the shires , citizens of cities , burgesses of boroughs , and barons of the ports , returned and to be returned for that present parliament , according to the form of the statute in that behalf then lately made and provided . and immediately thereupon , the faid lord steward , and his deputies , did then and there minister the said oath , to all such of the said knights , citizens , burgesses and barons , as were then present accordingly . which done , the sermon ended , and the queens majesty sat in her royal seat , in the upper house of parliament , the commons standing at the lower end of the chamber , the lord keeper of the great seal of england , learnedly and briefly declared the causes of calling the said parliament ; and so in the end willed them to repair into their house , and there after their accustomed manner , to chuse of themselves an apt and fit man to be their speaker , and to present him to the queens majesty on the wednesday next following in the afternoon . whereupon the said commons immediately resorted to their common house , and being there assembled , the right worshipful m r christopher wray esq , one of the queens majesties serjeants at law , was by the first motion and nomination of the said m r treasurer , with one voice of the said whole house , chosen to be speaker , and placed in the chair , notwithstanding his allegations of disabling himself , and humble request for their proceeding to a new election . on wednesday the th day of april in the afternoon , christopher wray esquire , one of the queens majesties serjeants at law , the speaker elect of the house of commons , was presented unto her highness ; who sitting in her royal seat , and allowing and affirming the election , after his oration made , and ordinary petitions granted , the said lord keeper willed him with the residue to repair to the house of commons , there to deliberate and consult upon the making of such good and wholesome laws , as might tend to the advancement of gods glory , and preservation and safety of the queens majesty , and the common-wealth of this realm of england . and thereupon the said m r speaker , and the knights , citizens and burgesses of the house of commons , returned back unto their own house ; and being there sat , one bill ( according to the usual course ) had its first reading , which was the bill concerning coming to church , and receiving the communion . it was this day finally agreed , upon the motion of m r speaker , that the letany should be read every day in the house , during this parliament , as in the last was used ; and also a prayer by m r speaker , such as he should think fittest for this time , to be begun every day at half an hour after eight of the clock in the morning , and that each one of this house then making default should forfeit every time four pence to the poor mans box. on thursday the th day of april , thomas clark and anthony bull of the inner-temple london gentlemen , were by this house committed to the serjeants ward , until further order should be taken with them , for that they presumed to enter into this house , and were no members of the same , as themselves at the bar confessed . this day the house was called , and thereupon edward lewkenor , john bullock , nicholas plumtree , edward goodwyn , and john garnons , were commanded to attend the order of this house to morrow next , for that the house being this day called , they had entred into the house , and had not as them been returned by the clerk of the crown except garnons , whose case is , for that he is said to be excommunicate . on friday the th day of april , it was ordered that the burgesses for estringsted , shall remain according to the return . this day m r treasurer , m r serjeant manwood , geffrie and lovelace , m r feltman , m r bell , and m r mounson , were appointed to confer with m r attorney , and m r sollicitor , about the return of the burgesses following ; for that the same towns returned no burgesses the last parliament , viz. cornwall the boroughs of estlow . fowley . gloucestershire the borough of chichester . nottinghamshire the borough of easiretford . kent the borough of queenborough . oxfordshire the borough of woodstock . hampshire the borough of christ-church . suffolk the boroughs of aldburgh . eye . and to meet to morrow in the afternoon , at three of the clock in m r treasurers chamber at the court. nota , that these ensuing speeches are taken out of the before-mentioned anonymous journal . m r strickland , a grave and ancient man of great zeal , stood up , and made a long discourse , tending to the remembrance of gods goodness , giving unto us the light of his word , together with the gracious disposition of her majesty , by whom as by his instrument , god hath wrought so great , things , and blaming our slackness and carelesness , in not esteeming and following the time and blessing offered ; but still as men not sufficiently instructed what is truth , or so that we think it not convenient to publish and profess it openly , and that all reproachful speeches of the slanderous might be stopped , the draw-backs brought forward , and the over-runners , such as over-run , and exceed the rule of the law , reduced to a certainty , he thought it operae pretium , to be occupied therein ; for which purpose he said , the professors of the gospel in other nations , had writ and published to the world the confession of their faith , as did those of strasburgh and franckford , &c. for which purpose also great learned men in this realm had travelled , as peter martyr , paulus fagius , and others , whose works hereupon were extant . and before this time and offer thereof was made in parliament , that it might be approved ; but either the slackness or somewhat else of some men in that time , was the lett thereof , or what else , he said , he would not say . this book , he said , rested in the custody of m r norton , as he guessed , a man neither ill disposed to religion , nor a negligent keeper of such matters of charge , and thereupon requested that m r norton might be required to produce the same ; he added also , that after so many years , as now by gods providence we had been learning the purity of gods truth , we should not permit for any cause of policy , or other pretence , any errors in matters of doctrine to continue amongst us . and therefore , said he , although the book of common-prayer is ( god be praised ) drawn very near to the sincerity of the truth , yet are there some things inserted more superstitious , than in so high matters be tolerable ; as namely , in the administration of the sacrament of baptism , the sign of the cross to be made with some ceremonies , and such other errors , all which , he said , might well be changed , without note of chopping or changing of religion , whereby the enemies might slander us ; it being a reformation not contrariant , but directly pursuant to our profession , that is , to have all things brought to the purity of the primitive church , and institution of christ. he spake at large of the abuses of the church of england , and of the church-men ; as first , that known papists are admitted to have ecclesiastical government , and great livings ; that godly , honest and learned protestants , have little or nothing ; that boyes are dispensed with to have spiritual promotions ; that by friendship with the master of the faculties , either unable men are qualified , or some one man allowed to have too many several livings ; finally , he concluded with petition , that by authority of the house , some convenient number of them might be assigned , to have conference with the lords of the spiritualty , for consideration and reformation of the matters by him remembred . vide apr. . tuesday postea . m r norton , a man wise , bold and eloquent , stood up next , and said , he was not ignorant , but had long since learned what it was to speak on a sudden , or first , before other men in parliament . yet being occasioned by m r strickland , he said , that truth it was , he had a book tending to the same effect ; but ( quoth he ) the book was not drawn by those whom he named , but by vertue of the act of . at the assignation , or by the advice of eight bishops , eight divines , eight civilians , and eight temporal lawyers , who having in charge , to make ecclesiastical constitutions , took in hand the same ; which was drawn by that learned man , m r doctor haddon , and penned by that learned man m r cheeke ; whereupon he said , that consideration had been , and some travel bestowed by m r fox of late , and that there was a book newly printed , to be offered to that house ; which he did then and there , presently shew forth . and for the rest of m r stricklands motions , he said he was of his mind , chiefly for the avoiding and suppressing of simoniacal ingrossments . whereupon were appointed for that purpose for redress of sundry defections in those matters , these following ; viz. all the privy-council being members of this house , sir henry nevill , sir thomas thinne , sir thomas lucy , sir henry gate , the master of the requests , m r heneage , m r recorder , m r bell , m r henry knolles sen. , m r mounson , m r norton , m r strickland , m r godier , m r william more , and m r doctor berkley . these names being thus transcribed out of the original journal-book of the house of commons , as were those two foregoing speeches of m r strickland , and m r norton , out of that before-cited anonymous journal of the same house , more particularly mentioned at the beginning of this present journal , now follow other passages of this day out of the same . the bill concerning coming to the church , and receiving the communion , was read the second time ; and thereupon sir thomas smith speaking for the maintenance thereof , argued ; and in part wished the bishops to have consideration thereof . after whom m r fleetwood moved , that the penalty of that statute should not go to promoters , and said it was a device but of late brought in , in the time of king henry the eighth , the first year of his reign , and shewed the evils and inconveniences that did grow by these mens doings ; wherein no reformation was sought , but private gain to the most of men . he said also , that matter of going to the church , or for the service of god , did directly appertain to that court ; and that we all have as well learned this lesson , that there is a god , who is to be served , as have the bishops . and thereupon he undertook to prove by the old laws , vouched from king edgar , that the princes in their parliaments have made ecclesiastical constitutions : as these ; that if any servant shall work upon the sabbath day by the commandment of his master , he should be free ; if of himself , he should be whipped ; if a freeman should work , he should be bound , or grievously amerced . then he concluded upon request , that it might be committed to some of the house , without the bishops , who perhaps would be slow . sir owen hopton moved very orderly , that the presentation of such defaults should not only depend upon the relation of the church wardens , who being for the most part simple , and mean men , and fearing to offend , would rather incur danger of perjury , than displease some of their neighbours ; he shewed for proof , experience . it may be gathered by these foregoing speeches transcribed out of that anonymous journal , more particularly mentioned at the beginning of this present journal , that m r fleetwood moved to have this bill referred to committees ; but their names being there omitted , are therefore wholly transcribed out of the original journal-book of the house of commons , in manner and form following ; viz. sir thomas smith , sir owen hopton , sir thomas scot , the masters of the requests , m r serjeant manwood , m r serjeant geoffry , m r fleetwood and m r sands , who were appointed to meet in the star-chamber , at two of the clock in the afternoon . the bill for preservation of woods , was read the first time . on saturday the th day of april , the bill concerning religion was read , and the first of the said bills was delivered to the commissioners , and the residue read , and appointed to remain in the house , and this not to stand for any reading . vide what bills these were , on tuesday may the th ensuing . it should seem that the first of these bills here mentioned , is that which is stiled the bill a , and the other bills those which were then also offered to the house , and thereupon referred to certain select committees , to be considered of , before they were suffered to be read in the house ; which being admitted of this day , was not allowed by the house for any reading , but only , as may very well be gathered , for the said house it self to consider of them , before they were further entertained . but there can be no absolute certainty set down hereof , in respect that through the negligence of fulk onslow esq at this time clerk of the house of commons , it is so confusedly or briefly set down ; although in the general it is very probable , that this proceeding in ecclesiastical matters with so much caution and deliberation , was because they desired to give no occasion of distaste to her majesty : who ever , for the most part , shewed her self very averse to their intermedling with any thing concerning church matters . now follow other of this days passages , out of the before-cited anonymous journal , more particularly mentioned at the beginning of this present journal ; but it is fully discovered what these bills were , on may the th thursday ensuing . m r strickland first moved , that m r norton might be required to deliver such books , as he had . m r newdigate moved , that where one of the causes for the calling of the parliament , and perhaps the chiefest , was for a subsidy , he thought it not amiss to make offer of a subsidy , before it should be required , which speech was not liked of by the house . sir francis knolles made a long needless discourse concerning the subsidy . m r bell said , that a subsidy was by every good subject to be yielded unto ; but for that the people were galled by two means , it would hardly be levied ; namely , by licences and the abuse of promoters ; for which , if remedy were provided , then would the subsidy be paid willingly ; which he proved , for that by licences a few only were enriched , and the multitude impoverished ; and added , that if a burden should be laid on the back of the commons , and no redress of the common evils , then there might happily ensue , that they would lay down the burden in the midst of the way , and turn to the contrary of their duty . m r popham affirmed m r bells speech , and added to the former abuses , that of the treasurers of the crown ; who having in their hands great masses of money , with the which either they themselves , or some friends of theirs , do purchase lands to their own use , and after become bankrupts , and so cause or practise an enstalment of their debts , as of late some one hath installed a debt of thirty thousand pounds : which occasioned the lack in the princes coffers . m r serjeant lovelace argued , that every loyal subject ought to yield to the relief of the prince , and that without any condition or limitation ; notwithstanding he did not dislike of the former motions ; and thought it very requisite , that these evils might be provided for , to the ends aforesaid ; unto the which he added three abuses more ; first , the abuse of purveyors , wherein he had to desire the council ; and the masters of the houshold , to consider of it , and to be willing to yield to reformation ; and , in his opinion , it should not be amiss to take away the purveyors , and to limit every country to a proportionable rate ; so should her majesty be better served , and the kingdom eased . secondly , the reformation of the exchequer , for the charge which groweth by respite of homage ; which he wished might be paid on some other sort , in a sum certain . thirdly , another reformation which is upon a great abuse in the exchequer , by sending out upon every fine levied , the writ quo titulo ingressus est . m r comptroller in few words said , that he being one of the masters of the houshold , would do his endeavour for reformation of all things arising by the purveyors . m r sampoole sometimes of lincolns-inn , liked well of the motion of the subsidy , and commended the motions of the gentlemen before ; affirming , that they were very necessary to be thought of ; unto which he was to add one more ; viz. the abuse of collectors . he shewed , that they do retain their charge sometimes a year , sometimes more in their own hands . and for that they are but mean men , appointed to that office , they oft times convert it to their own uses , and are perhaps never able to satisfie the same ; whereby the people are unwilling to pay ; for if they should understand her majesty should have it presently , they would more willingly pay it ; and therefore wished the better sort of every country should be assigned to that charge . m r goodier said , that every man ought to yield to the subsidy , and rather offer it , than to stay till it should be demanded ; desiring , that the subsidy might presently , and only go forward , without the hearing of any more complaints : for that they might be infinite , and already more were remembred , than in one parliament could be reformed . wherein he shewed a great desire he had to win favour . in the conclusion of these aforesaid speeches , transcribed out of that often before-cited anonymous journal , more particularly mentioned at the beginning of this present journal ; it should seem that a committee was appointed to consider of the proportion , and time of yielding some relief unto her majesty ; whose names being set down in the original journal-book of the house of commons , are thence transcribed at large in manner and form following . all the privy-council members of this house , the master of the rolls , sir john white , sir william dormer , sir christopher heydon , m r heneage , sir robert lane , sir henry norrice , sir george blunt , sir henry weston , sir george bowes , sir william pawlet , m r edgecomb , m r edward stanhop , m r john mersh , m r robert newdigate , m r serjeant lovelace , m r saintpool , m r thomas snagge , m r hall , m r hasset , m r grasior , m r sands , m r alford , m r basset , m r warncomb , m r george forrors , m r amise pawlet , m r hatfield , m r greithfield , m r bounton , m r bellingham , to meet in the star-chamber on monday next , at two of the clock in the afternoon . at the same time also another committee was nominated , to consider of those griefs and petitions , which had been touched and mentioned in the former dispute ; whose names being likewise found in the aforesaid original journal-book of the house of commons , are thence transcribed in manner and form following . for motions of griefs and petitions were appointed sir owen hopton , sir thomas scot , sir william buts , m r manwood , m r bell , m r popham , m r fleetwood , m r mounson , m r mohun , m r grimston , m r mersh and m r winchcomb , to meet in the temple church on monday next , at two of the clock in the afternoon . upon a motion by the committees for matters of religion ( whose names see on friday the th day of this instant april foregoing ) it was ordered , that m r grimston and m r strickland should move the lords of the clergy , to know their pleasure concerning the motions , to be to them made to morrow in the afternoon , in matters of religion . vide apr. . postea & maii . m r mounson brought report , that m r attorney general prayed , that meeting may be made to morrow in the afternoon , at m r treasures chamber , for conference touching the validity of burgesses . april the th sunday . on monday the th day of april , report was made of the validity of burgesses , and ordered by m r attorneys assent , that the burgesses shall remain according to the returns ; for that the validity of the charters of their towns , is elsewhere to be examined , if cause be . the bill concerning coming to the church , and receiving of the communion , was brought in again by sir thomas smith , one of the said committees . the names of the committees for the subsidy , and for motions and petitions ( which see on saturday immediately foregoing ) were read again , and they appointed to keep their former hour of meeting . for that sir henry perry knight , being returned knight for the shire of cumberland , and likewise of northumberland , hath chosen to appear for northumberland ; it was ordered , that a new writ shall go out to chuse another knight for cumberland . the bill touching certain offences to be made treasons , was read the first time . m r norton exhibited an addition , which was received by the house ; and after sundry arguments , and some motions touching the severance or uniting of the bills , it was ordered , that the bill be read again upon thursday next . the bill concerning coming to church , and receiving of the communion , was read the first time . sir john s t leger , moved the house for his mans priviledge , and it was committed to m r recorder , m r bedoll , and m r dalton , and they to meet this afternoon at m r recorders , and make report to morrow . on tuesday the th day of april , m r speaker recited a commandment from the queens majesty , to spend little time in motions , and to avoid long speeches . the reason whereof being omitted in the original journal-book of the house of commons , it is therefore supplied out of that often before-cited elaborate journal , more particularly mentioned at the beginning of this present journal , in manner and form following . that this advertisement grew of somewhat spoken by m r bell the th day of this instant april , concerning licences granted by her majesty , to do certain matters contrary to the statutes , wherein he seemed ( as was said ) to speak against her prerogative : but surely so orderly did he utter what he spake , as those who were touched might be angry ; but justly to blame him might not be . this advertisement being thus transcribed out of the aforesaid anonymous journal , now follows the residue of this days passages out of the original journal-book of the house of commons it self , in form following . sir owen hopton moved for the commission of motions and petitions , to have the council added unto them , and also a greater number of others ; and delivered a paper of notes of the motions made . upon a motion made for m r garnons , who is reported to stand excommunicate , it is ordered , that he shall answer it in the house . six bills of no great moment , had each of them one reading ; of which the last being the bill touching monasteries , was read the first time . m r treasurer made report of the committees doings for the subsidy , whose names see on saturday the th day of this instant april foregoing , and brought in articles , which were well liked , and thereupon the same commissioners were appointed to proceed with the drawing of the book . two bills also had each of them their first reading , of which the first was the bill for the validity of burgesses not resiant . touching matters of religion , m r mounson brought report , that the bishops pray to have the lords moved by this house , to assign a committee to confer with this house . and thereupon it was ordered presently , that the same commissioners do immediately go to the lords , with this message , to know their pleasure for appointing some to confer about the book for doctrine . m r treasurer returned report , that the lord keeper hath answered , he will open it to the lords . four bills of no great moment , had each of them one reading ; of which the second being the bill for cloth-workers , was read the first time : and the third being the bill b. had its first reading . vide maii . postea , what bill b. meaneth . sir richard read and m r doctor yale , did bring an answer to the message ; viz. that the lords have appointed twenty of themselves , whereof ten of the clergy , and ten of the temporalty , to meet at two of the clock this afternoon , in the star-chamber . and thereupon were added by the house to the former commissioners , the master of the rolls , sir henry norrice , sir william buts , m r austley , m r serjeant manwood , m r stooks , m r fleetwood , m r carleton , m r eglenby , m r yelverton , m r dalton , and m r robert snagg , which meeting was about matters of religion . vide abunde maii . postea . on wednesday the th day of april , the bill for lestwithiell was read the first time . m r fleetwood brought in a bill against rogues . the bill against fraudulent gifts and conveyances , was read the second time , and was delivered to certain of the house to amend presently , upon a motion made by m r dalton to have it to extend to the defrauding of heriots . three bills of no great moment , had each of them one reading ; of which the second being the bill for sewers , was read the second time , and ordered to be ingrossed . and the bill d. had its first reading . vide maii . post . what bill d. meaneth . m r seckford master of the requests , prayed longer time to consider of the bill of fraudulent gifts and conveyances ; and that the committees may be sir john white , m r seckford master of the requests , m r serjeant manwood , geoffry loveland , m r mounson , m r bell , m r fleetwood , m r thomas snagg , m r barber , and m r dalton , to meet to morrow in the afternoon in the temple church . the bill for not returning persons of the queens majesties houshold on juries , was read the first time . the bill for bristol was read the second time , and ordered to be ingrossed . whereupon followed divers longspeeches and arguments touching the same bill ; which being omitted in the original journal-book of the house of commons , are here supplied out of that often before-cited anonymous journal of the same house , more particularly mentioned at the beginning of this present journal , in manner and form following ; viz. m r comptroller first moved , that before some committees were appointed , both parties might be heard , and the controversy appeased . m r fleetwood argued , that there might appear rashness or indiscretion in them , who should now reverse what of late they had done ; but leaving to speak thereof , he entred into a good discourse of the prerogative , which might thereby be touched , if they should endeavour to overthrow her majesties letters patents , to whom by law there is power given to incorporate any town , and she is sworn to preserve her prerogative ; he vouched the clerk of the parliaments book to be , that no man might talk of the statute of wills , &c. but that the king first gave licence ; for that his prerogative in the wards was hereby touched . he shewed likewise the statute of ed. . ed. . and h. . with a saving of the prerogative . in king edward the sixths time licence was sued for to the lord protector , to talk of matters of prerogative , he remembred the book of edw. . for the parliament of ireland , called by the chief judge , as is for him lawful ; where it was questioned , what by parliament might be done ; whether they might depart with any of the kings towns , forts or piers ; it was agreed they might not , and so he concluded , that to talk thereof ( for as much as her majesties letters patents , and prerogative were touched ) rege non consulto , was perillous . he also made mention of the statute , which authorizeth all merchants to traffick by sea , nisi publice prohibentur ; he saith , others were prohibited . m r young of bristol , in the behalf of the commons , reasoned to this effect ; first , shewed the loss to the queen of her custom , then the private monopoly wrought and occasioned by the merchants , the controversies which have ensued by this means amongst them , and the subtile means whereby the statute was procured , without the consent of the major or commons , by such as were put in trust. m r alford said , that he might not speak of the prerogative aptly , for that he was not learned in the law ; but made some remembrance of what he had there seen , concerning the act of parliament for southampton ; where it appeareth , that without an act of parliament , her majesties letters patents were not sufficient ; and therefore he prayed convenient consideration might be , and that the same ( if it should so seem good to the house ) might be conjoined to the former and other bill , &c. then spake m r cleere , sir francis knolles , sir nicholas arnold , sir henry norris , and m r christopher yelverton of grays-inn , severally to the said bill : whose speeches being somewhat imperfectly and uncertainly set down in the before-mentioned anonymous journal , are therefore omitted ; although from them , and the residue foregoing , the effect of this bill may be collected to have been for the dissolution of certain companies of merchants in bristol , whom her majesty had incorporated by her letters patents , and authorized them to trade to certain places , by which it was pretended that the publick and free trading of others was restrained ; and at last upon the motion of m r fleetwood , that the bill being of great weight , might be further considered of by the house , and the committees be appointed at some other time , it was thereupon ordered , that they should be appointed on the day following , which was done accordingly . then was read the bill for coming to service , but what reading it was appeareth not by the aforesaid anonymous journal , nor by the original journal book it self , in which this said bill is not at all mentioned : but it should seem that it was the second reading , because divers speeches ensued thereupon ; which in respect that they concern a matter of so great moment , are therefore transcribed out of the anonymous journal , in manner and form following . m r snagg shewed at large the inconveniencies of the old law , for coming to service : for , said he , by the former law it was enacted , that the service shall not be said , or sacrament ministred , in other sort than in the book of common-prayer is prescribed ; he shewed , how differently the same was used in many places , from the prescribed rule ; as where no part of those prayers were observed , but a sermon , and some such other prayers only as the minister shall think good , in place thereof ; whereupon have great divisions , discords and dislikes grown amongst and between great numbers . and since it is law , that in this sort service shall be used , and that whosoever shall be at any other form of service , shall incur the penalty prescribed , and that the ministers neither do , nor will do herein , as they should , and as is by the law prescribed and commanded ; he thought the proceedings in this kind , should occasion a dilemma in mischief ; for by this law , if he come not , he shall lose twelve pence ; and if he come and be present , and the service be not said according to the prescribed rule of the book , he shall lose a hundred marks . m r aglionby burgess of the town of warwick , moved the law might be without exception or priviledge for any gentlemen in their private oratories ; this did he prove to be fit out of plato his laws , and cicero , both prescribing for the observation of the law an equality between the prince and the poor man , not giving scope to the one above the other . also he remembred the authority of lactantius firmianus , making this only difference betwixt man and beast , that all men do know and acknowledge that there is a god , and in this respect there should be no difference between man and man. withall , he said , the more noble the man , the more good his example may do . he therefore concluded , that for so much of the law , so the same might be general , he was of good liking that it should pass . but for the other matter , concerning the receiving of the communion , he argued , that it was not convenient to inforce consciences . and to that purpose , he shewed the authority of d rs ; which he vouched without quoting the place , or sentence . he said also , that it was the opinion of fathers , and learned men of this land ; and therefore wished they might be consulted with . finally , he concluded , that bonae leges è malis moribus proveniunt : but no good laws may make a good man fit to receive that great ministry of god above . this whole speech he tempered with such discretion as in such case was seemly . and whatsoever he spake , he spake the same under correction . m r strickland standing up , first prayed he might be excused , for that he was to speak on a sudden and unprovided . for the first , he approved what m r aglionby had said : for the second , he said , he could not be of that mind ; and he vouched out of esdras , that the church , yea the consciences of men , were by the prophet restrained ; withal he said , conscience might be free , but not to disturb the common quiet . he shewed the practice and doings of the pope , the banishment of the arrians , &c. that the word of the prince , for lack of law , must not be tied . the israelites , he said were constrained to eat the pass-over . and finally he concluded , that it was no straitning of their consciences , but a charge or loss of their goods , if they could not vouchsafe to be , as they should be , good men and true christians . m r dalton reasoned to this effect , that there could ensue no inconvenience by those two laws , which were intended to be contrary ; his reason was , except the service be according to the law , no man is bound to stay there , no more , than if he be bound to come and hear service , if there be no service , he is to forfeit his bond. for answer to m r aglionby he said , the matters of conscience did not concern the law-makers , neither were they to regard the error , curiosity , or stiff-neckedness of the evil , ignorant or froward persons . for be it they did proceed orderly to the discharge of their own consciences , in making the law , let them care for the rest whom it behoveth . he was of mind that gentlemen should not be excepted , for the causes aforesaid ; but he wished provision might be made for such as be imprisoned , or cannot come for fear of arrests . he wished also , that the law might have continuance but till the end of the next parliament . these foregoing speeches being thus transcribed out of that often before-cited anonymous journal , more particularly mentioned at the beginning of this present journal , and two other speeches of m r fleetwood , and m r popham , of no great moment , being omitted ; now follows some part of the next days passages out of the original journal-book of the house of commons . on thursday the th day of april , m r comptroller , upon a motion made by himself , that the bill touching bristol might be proceeded in , was appointed a committee in the same , and with him were nominated sir nicholas points , sir nicholas arnold , sir john white , m r newton , mr. john younge , mr. popham , mr. fleetwood , mr. norton , mr. alford , mr. hall of york , and mr. hooker , to whom the hearing of both parties touching the said bill , was referred ; and thereupon to make report thereof to the house , and to meet in the star-chamber , on monday next at three of the clock in the afternoon . vide in die praecedente concerning this business . it is ordered , that the house do sit to morrow till ten of the clock , and then to go to the court to hear the sermon . two bills of no great moment , had each of them one reading ; of which the second touching certain offences to be made treasons , was read the second time . the addition to the same bill was read the first time . after the reading of which said bill , and addition as aforesaid , sundry motions and arguments ensued ; which being omitted in the original journal-book of the house of commons , are therefore supplied out of that often before-cited anonymous journal , in manner and form following . mr. goodier with some shew of former care for that cause , entred into the utterance of a long speech , and spake to this effect : first , he made a solemn protestation of his sincerity , truth and loyalty to her majesty , to the state , and to the house . then he shewed many singular and true blessings , which we have by her highness means , and religiously prayed for her preservation ; but his whole discourse stood upon these three points , what he thought of the persons there assembled , what he disliked in the matter of the bill propounded , and why he did so . of the persons , he said , he heartily believed the whole company in truth and true meaning to have a care and hearty well-wishing for her majesties safety , acknowledging and reposing in her the very anchor of our safety ; but whether all were with a sincere meaning to the state of the crown , he knew not ; but rather thought the clean contrary : but yet of the most and most honourable he thought nothing amiss , but some surely , he said , were doubly disposed , and with a favourable affection bent for some special body . for the substance of the first bill , he said he was of clear mind , well liking and approving the whole course thereof ; except , quoth he , that the same be not already by former laws provided for ; and hereunto he further added , that if any man should say , that the papists do not err in saying or speaking so slanderously of her majesty , the same to be taken also as treason . for the additions which concerned the first , which did clearly respect the time past , as to make treason of a fault already committed , which at the time of the perpetrating of the same offence , was not in the same degree ; it was a president most perilous , which might occasion such and so great evils , as easily might not be conceived . of present time , mans wisdom might judge ; future time mans policy may reach to : but to call again the time past , or to raise what is dead in any kind , man may not ; nor in reason is it to be presumed . the like he said had not been seen ; and where he hath read thousands of laws , yet did he never find such a president . an extremity , rare , and never practised , no not in these the greatest matters of faith and religion , that we do now so earnestly treat of . the enemy to god and our state ( the papists , i mean ) is most hateful . yet is no man so hardly bent , as to have them punished , much less to suffer death , for what is past . whether her majesty hath pardoned what is past , we do not know , and whether her highness pleasure be that it should be talked of , no man yet hath made a report . withal , it may happily occasion dislike between her majesty and the house , which were odious and hateful ; but doubtless , he prophesied , it would occasion peril , such and so great , that the greatest speakers therein , yea those who should give them most or best words , could give no warranties . neither is it that the sequel thereof may be warranted for the right of a crown , which words may not be strained or straitned . thus much considered , and the prince being herein not as yet determined , he therefore advised , and more than so by words of vehemency urged stay . he farther said , that the penning of the first article of the additions was clouded and involved with secret understandings , not to be understood but by such as more curiously could , and more cunningly would , look thereinto than he . for matters of title of the crown , he said , he neither knew any , nor durst to intermeddle or take knowledge of any ; and concluding , he said , that for obscurity of the sence , he must needs condemn the same , since that veritas est nuda , simplex & plana . sir thomas smith her majesties principal secretary , neither condemning nor approving of what had before been spoken by m r goodier , made motion , that the bill might be divided , left the one might be the hindrance of the other . m r norton in his accustomed manner of natural eloquence ; first shewed that that assembly should be free of speech , so that the same did not exceed the bounds of loyalty ; and as in speech free , so ought it also to be free of unjust slanders , and undeserved reproaches . for so much as might concern him , he protested that he neither thought , nor meant any other title than the sole preservation of her majesty , and to this end was he and the whole house ( as he supposed ) setled and bent ; she being of this realm , not only in respect of our goods and lives the singular stay , but for truth and religion , yea of all christendom not magna , but in all the world speciosa . and since that consultation is no other than consultare in commune , he was as well to remove the surmise of ambiguity , as the slander raised of any doubleness in him ; the words ( quoth he ) are plain , these and no other ; that whatsoever person during the life of her majesty , hath or shall imagine , intend or go about , the deposing , &c. them and their heirs to be barred of any title . and , saith he , where ambition hath once entred , such is the nature of the same , that never it will be satisfied : and the thirst for a kingdom is unquenchable . withal in common experience we see , that between two , for a small matter in suit , when it shall pass against the one , though by perfect tryal , yet will he who loseth never acknowledge that he had either offered , or defended an injury . he said , for working of great matters great time is required ; and such a mischief , as to overthrow a crown is not in a day compassed ; and therefore what hereafter is thought , or meant to be executed , is already begun , compassed and devised . time must therefore be taken , and therefore in time , and at all times it is to be prevented . where it is said , the like hath not been seen , and a miracle made of it , as if there were never former presidents ever seen of the like , or ever heard of before . it is no longer since than in queen maries time , when to the parliament it was suggested , that the congregations in the city of london assembled , did use this kind of prayer to god , either to convert her , or confound her . whereupon it was enacted , that every person who so , and in such sort , had prayed , or who so after should pray , should be taken for a traytor . the case of bennet smith is not so strange , nor so long since , but it may be remembred ; his transgression was not such , nor so to be adjudged at the time of the offence perpetrated , as it was afterwards ; yet by authority of parliament the offence precedent was from the old nature altered , and he , who before at the time of the offence , until the making of the law , was not to be priviledged but by his clergy , was now by an act made after , by judgment executed . and since in the case of a private man , as was this of bennet smith , such consideration , and such good discretion was used , who can imagine it to be odious ? nay , who is it , that would not the like or greater care to be had of a prince , and especially of so good and virtuous a prince , as she , for whom our conference is now ? but yet we are charged with partial affection , unsetled minds , and doubleness . whether this speech now be an offence to the house , he earnestly craved the judgment of the house . for that it might seem by the gentlemans earnestness who spake , that some one his friend , whom he was bent to serve , would be touched . whereupon , for his own part he eft-soons protested , he had no certain resolution with himself of any title , but was to be satisfied with the consent of that assembly ; howsoever adding further , if his motions might so sort , as they were liked , he offered this proviso to be added ; that if any such person , who had made any such claim , shall disclaim and renounce all title during her highness life , the same person , &c. to be then restored to the old estate . m r comptroller after some declaration of grief , perceiving the matter grow to heat , as verily the greatest number of the house were more than moved with the vehemency of m r goodiers speech , and that men were disposed to talk at large of matters contrary or repugnant to the bill , moved that it might be severed ; because the first part came in , and was exhibited to that house by her majesties learned councel ; the other was but the advice of a private man , which advice , though it justly deserved commendation , yet was it not , in his fancy , to be joined with that which came in other sort . m r snagg argued to this effect , that in making of laws , plainness of speech should be used , all intrapments to be shunned and avoided . and here he moved , why the statute of edw. . whereby it is enacted , that all such , who shall endeavour , compass or imagine the death of the king , &c. should be traytors , &c. should not be said sufficient , reaching as far , and comprehending as much , as this latter advice . for the regard of the time past , he said , he could have no good liking thereof , and what was practised in queen maries time ( under correction ) he took to be no charitable president ; concerning the authority of the parliament , he did conclude nothing , but said it was a prevention . sir francis knolles shewed , that he could not utterly dislike the conjoining of the additions , sith that they rise all of one ground , and that they both are good and charitable ; whereof he acknowledged her highness to have intelligence , and the cause already to have been in conference by her councel . and for the word ( hath ) he saith it contained no such absurdity , but with good zeal it might be maintained . and therefore such vehemency and sharpness of speech , he said was more than requisite , yea more than convenient . and as for the obscurity , he said of men that would mean well , it could not be misconstrued ; and to stay or prevent devices past , he thought it but honest policy , which being otherwise used in a princes case , is not to be disliked . he remembred her highness unwillingness to punish such offences , and therefore though the law be sharp , yet such is her mildness , that if any have offended for so much as may concern her person , surely he thought it would not be executed ; and her clemency tempered with authority , could never grow to cruelty , wherein what his conscience was , he thought not fit to make further shew thereof ; but simply and plainly he would deal herein , not meaning to treat in such sort , as if he thought to deserve thanks , or any thing of her majesty ; for what he did , he did it also as mindful of his own safety . another then spake ( whose name is not expressed in the aforesaid anonymous journal ) shewing the weight of the matter , which was then in hand , to rest as well on the general safety of the subjects , as on the preservation of her majesties person , and therefore he could not but approve the effect of the whole , both in bill and addition ; albeit for the pains in the bill he was somewhat variant from that which was there offered , and in the understanding of some words he was doubtful ; as for the word compassing , he made some question ; of this ( bodily hurt ) he had no perfect intelligence , since the hurt of body may grow by grief of mind , and grief of mind perhaps by small cause . he also said , that saving in the statute of h. . he hath not read it . but further , he said , that he that would not allow her for lawful queen , in his conceit should also be called a traitor ; but for the speaking of those most slanderous words of heretick , infidel , schismatick , he would not any man to be for the first offence taken as a traytor ; for that the not acknowledging of the supremacy , being a far greater offence , is but the pain of praemunire . and therefore , except the same offence also might be made treason , he could not like thereof . but if it should so seem to them good , that it should be as he indeed wished , then was he well pleased to put them both to one predicament . and for the word heretick , he said , that the papists all , of force must be forced to say , her majesty is one ; or that they themselves must be content to carry the name , and to be noted nomine , as they are ' re & veritate hereticks , which name they willingly will not bear . he further said , that with the rest of those words of slander , he thought it might do well to insert the name papist . that if any man should say her majesty to be an infidel , papist , or heretick , &c. to be a traytor ; for that some say , there are in these days that do not spare to say , her majesty is of another religion , than is published ; and that it is the sole doing of the councellors , whereby the doctrine ( in sort as it is ) is thus published , and not hers . he also added , that his wish was , that no man might be attainted of these words , except the speech or publication might be testified by two witnesses . for the additions , he said , assuredly they might not be severed from the first bill , not only as they are matters material depending on the first , but stretching so far to the maintenance of the first , that without them the first may seem to be nothing . for ( said he ) there can be no remedy provided , except the cause of the grief be known , and the same cause removed ; wherein the rebels of the north gave clear experiment : for doubtless , when they pretended reformation of religion , they thought to rend up the ground , and to subvert the stay thereof , which was her majesties person ; and by them he wished us to learn at last , and to wax wiser . he said , the court of chancery will straitly decree for saving and quiet keeping of a quiet possession , often looking to ordering things before past , and shall not the court of parliament do the like for the title of the crown ? and the ancient laws of the realm ( he said ) do 〈◊〉 the same , as long before the h. . the stat. e. . in such like cases hath ordained , that the heir for the fathers offence shall be punished : consule locum citatum . m r mounson said , it were horrible to say , that the parliament hath not authority to determine of the crown ; for then would ensue , not only the annihilating of the statute h. . but that the statute made in the first year of her majesties reign , of recognition , should also be laid void ; a matter containing a greater consequent , than is convenient to be uttered . m r heneage moved the house to this effect , that either the bill for addition should be severed , or both to be referred to the queens learned councel , to consider of the conveniency thereof ; and then by them to be exhibited , &c. but of his opinion he yielded no further reason . m r long a young gentleman , would have proved the word ( have ) and a regard of the time past , not to be amiss , for that at the time of the offence the malice of the offendor was as great , as it is at this present . m r fleetwood endeavoured to prove the overcharging of the bill with larger words than were convenient , and more provisoes than were to the purpose , to have been the overthrow of that which was truly meant ; wherein the cunning adversary , when he knoweth not how to subvert directly , will by this means easily and subtilly insert more , pretending a face of more forwardness than the rest , when indeed his heart is bent to the hindrance of the whole . for proof and experience hereof , he remembred the cunning prelats in henry the fourths time , and afterwards in edward the fourths time , when king edward required the suppressing of all such abbies , as king h. . had erected ; to hinder this , contrary to the kings meaning , some would needs add the colledges in cambridge , which by him were also founded ; to which when by no means the house could be induced , as well the intent of the first , as of the last , was subverted . the like he remembred also of the second year of h. . in matter of treason , which all men would have yielded unto , the counterfeit friend heaped in , to give the king free liberty of restitution to whom he would , of all both goods and possessions , whereof the inconveniency being seen , stay was made of the whole . so that , what men may not do directly , with face of further friendship they do covertly . he concluded therefore , it were well and most safe , to make two bills , and to be referred to the queens learned councel , as m r heneage had well divided . m r serjeant manwood , first answering the meaning of the words ( bodily hurt ) said , it must be intended when violence or force is done or offered to the body , and not otherwise , nor elsewhere . and whether the words of slander should be treason , he thought that there was great reason they should be ; for ( quoth he ) who so shall affirm her highness to be an heretick , doth doubtless wish her the pains of an heretick , viz. to be burnt , &c. he further would have to be added to these words of the bill , that who so shall imagine , go about , claim , &c. thus much more , that whosoever shall affirm himself to have title , &c. to be a traytor . he was of further opinion , that it should be no clogging to the bill , to have matter of the same nature added ; being also provided for the same purpose , as good , consequent and necessarily concurring with the effect of the bill . and for the authority of the parliament , he said it could not in reasonable construction be otherwise , for who so should deny that authority , doth deny the queen to be queen , and the realm to be a realm . after which , m r alford and m r dalton spake severally to the said bill , touching certain offences to be made treasons . whose speeches containing no new matter at all in them , more than hath been formerly spoken , are omitted in that often before-cited anonymous journal , out of which all these foregoing speeches are transcribed . after all which , the business was at length drawn to this head , to be referred to a committee , whose names being there likewise omitted , are therefore all of them supplied out of the original journal-book of the house of commons it self , in manner and form following . all the privy-council being members of this house , sir christopher heyden , sir henry nevill , sir nicholas arnold , m r serjeant manwood , m r serjeant jeoffry , m r heneage , m r stoaks , m r john vaughan , m r bell , m r mounson , m r popham , m r norton , m r dalton , m r fleetwood , m r telverton , m r goodier , m r alford , and m r long , were appointed to meet to morrow at two of the clock in the afternoon , in the star-chamber . m r doctor lewes , and m r doctor huick , brought from the lords a bill touching the untrue demeanors of tellors , receivers , treasurers and collectors . on friday the th day of april , five bills had each of them one reading ; of which the last being the bill for suppressing of simony in presentations to benefices , was read the first time ; to which , because m r snagg spoke upon the first reading , being a thing not altogether usual , his speech is therefore transcribed out of that often before-cited anonymous journal . m r thomas snagge treated hereupon , viz. after the reading of the said bill of simony , saying that the cause of the slanders , which the papists have against the church of england , in that they say coblers , taylors tinkers , millers , &c. are of the ministry , groweth thereby , that the livings are detained by the patrons from the spiritual , in their own hands , to their own private uses ; whereas the first original of the creation of patronages , being considered , it appeareth that nothing is left to the patron of right . the manner of their original he shewed at large , and that the same was granted deo & ecclesiae , and concluded that the patron had nothing of worth or value , but a bare nomination , if it be truly used ; since that dealing sincerely , he is neither to respect commodity , blood , affection , friendship , nor any thing else , but the worth and sufficiency of the man , &c. the bill against vagabonds was read the first time ; after which ensued divers speeches , which is not commonly used , until after the second reading , and therefore they are the rather transcribed out of the aforesaid anonymous journal . m r st. john moved , that an old bill before this time exhibited into the lower house concerning this matter , might be perused . m r sands endeavoured to prove this law for beggars , to be over sharp and bloody , standing much on the care which is to be had for the poor ; saying , that it might be possible with some travail had by the justices , to relieve every man at his own house and to stay them from wandring ; this experience he shewed , and what was done in the country of worcester . m r treasurer talked to this effect , that he would have a bridcwel in every town , and every tipler in the county to yield twelve pence yearly to the maintenance thereof . m r wilson a master of the requests , argued thus ; that poor of necessity we must have , for so christ hath said , until his latter coming : and as that is true , so said he also , that beggars by gods word might not be amongst his people : ne sit mendicus inter vos . his experience he shewed through the greatest part of christendome , concluding that such looseness and lewdness was no where , as here ; he said it was no charity , to give to such a one , as we know not , being a stranger unto us . thus , said he , did the locrenses constitute by their laws . even as of thieves did the grecians judge of them . to the pain of the constables for their remiss dealings , he wished might be conjoined imprisonment . on saturday the th day of april , the bill for one william skevington was read ; whereby was supposed a deceit practised by one sacheveril , for conveying of land , contrary to the true meaning , by subtile forging of a false deed , in place of the true deed : which being read it shewed the confession of sacheveril , and prayed restitution , with discharge of all mean incumbrances during such time as it was in the possession of sacheveril . m r fleetwood endeavoured to prove , that all such sinister , false , fraudulent or convenous dealings being opened in that place , albeit that the party pray not redress , yet being made apparent to that high court , ought not to be pretermitted without due consideration and convenient punishment to be by the house assigned , and the party to be brought to the bar of that house ; for proof thereof , he shewed in the time of king henry the fourth , that the abusing of one of that house , coming home into his country , for what he had done or spoken in the house , was afterwards adjudged of in that place , and a law presently made for what before was not thought upon ; the like he shewed to be done in henry the eighth his time , concerning an excommunication had at serjeants-inn , &c. he also remembred a president of one john rue , who for that he meaning to have deceived a merchant of london in sale of certain sums of money due unto him , to be paid out of the exchequer , as he pretended , whereas in truth the money was before received by him who sold the debt ; judgment was given for the subtilty of the loss of his goods , the profit of his lands , and perpetual imprisonment : for every conspiracy , the judgment is by law ( said he ) villanous , even as in the case of attaint , to have the houses turned up , the meadows eared , &c. he shewed also , that in the time of edward the third , one meaning to cause the price of wooll to fall , gave out that there was likelihood of wars to be between the king of england , and the king of denmark , by which means the traffick of the staple was like to be stayed : whereupon it was presently ordained , that he should be banished , though for that purpose there were no law before . after this speech , as it should seem , committees were appointed for this bill ; whose names being not found in the aforesaid anonymous journal , out of which the preceeding speeches are transcribed ; they are therefore supplied out of the original journal-book it self of the house of commons , and were as followeth ; viz. sir john thinne , m r stokes , m r bell , m r fleetwood , m r bedell , and m r smith , to meet in the star-chamber , upon wednesday next at three of the clock in the afternoon . the bill for the free grammar-school in southwark , was read the first time . for the bill of treasons and additions , it was ordered , that such of the committees , as are learned in the laws , shall have authority to conser with the queens majesties learned councel , touching the same bill and additions . the bill for reformation of the book of common-prayer , was read the first time , after which ( the bill being preferred by m r strickland ) ensued divers long arguments , which being omitted in the original journal-book of the house of commons , are therefore supplied , with some small alteration , where need required , out of that often before-cited elaborate anonymous journal of the same house , in manner and form following . m r treasurer ( of her majesties houshold ) reasoned to this effect , that if the matters mentioned to be reformed were heretical , then verily they were presently to be condemned ; but if they are but matters of ceremony , then it behoveth us to refer the same to her majesty , who hath authority , as chief of the church , to deal herein . and for us to meddle with matters of her prerogative ( quoth he ) it were not expedient . withal , he said , what cause there might be to make her majesty not to run and join with those who seem to be most earnest . we are not to search , whether it be , for that in time and order she hopeth to bring them with her , or what other secret cause or scruple there may be in the heart of princes , it is not for all people to know . m r comptroller argued to this effect as afore , commending the zeal , but that the place and time were not fit . and since we knowledge her to be supream head , we are not in these petty matters to run before the ball , which to do , and therein to offend , were great folly ; how forewarned we were herein , he did refer to our consideration , insinuating in some sort , that our heady and hasty proceedings , contrary to and before the law , did rather hinder than help . hereupon one pistor with a grave and seemly countenance , and good natural eloquence , shewed how conscience enforced him to speak ; and rather to hazard his credit than to the offence of his conscience be silent . albeit he would acknowledge willingly , that many hundreds of that honourable and worshipful assembly , were well able to teach him , and he indeed willing to learn of them all : the matter of his grief was , that matters of importance standing us upon for our souls , stretching higher and further to every one of us than the monarchy of the whole world , were either not treated of , or so slenderly , that now after more than ten days continual consultation , nothing was thereon concluded . this cause he shewed to be gods , the rest are all but terrene , yea trifles in comparison ; call you them never so great , or pretend you , that they import never so much ; subsidies , crowns , kingdoms , he knew not , he said , what they were in comparison of this ; this he said , i know , whereof he most thanked god , primum quaerite regnum dei , & caetera omnia adjicientur vobis . this rule is the direction , and this desire shall bring us to the light , whereupon we may stay , and then proceed unto the rest ; for in his word , and by him we learn , as saith s t paul , to correct , reform , &c. our true home certainly is not here , non habemus hîc permanentem civitatem : and the justice of god moved terror unto all , which he seemed to mean concerning the bill before-mentioned of strickland's propositions . and so did set it forth with vehemency , that there lacked no modesty , and with such eloquence , that it neither seemed studied , nor too much affected , but grave and learned throughout , and no whit too long , but very well approved of . and after him m r snagge , and far after him indeed , either for order , proof , or matter , he entred into the discourse of strickland's articles , and seemed to maintain them ; this namely , not to kneel at the receiving of the communion , but rather , if a law hereof should be made , to lye prostrate , to shun the-old superstition ; or otherwise to set every man at liberty , and in this behalf to do according to his conscience and devotion , he judged it to be nothing derogatory or contrary to the prerogative . and the directions he thought fit to be left out of the book , which should be a law , &c. after which arguments it was upon the question agreed , that a petition should be made by this house unto the queens majesty , for her licence and privity to proceed in this bill , before it be any further dealt in . the bill for the commission of sewers was read the third time , and after some arguments passed upon the question , and was sent unto the lords by m r treasurer and others . the bill against licences and dispensations , granted by the archbishop of canterbury , was put to the question , whether it should be read or no ? it was over-ruled in the affirmative , and had thereupon its first reading . after which m r alford ( although a bill be not usually spoken unto until after the second reading ) spake against the bill , and endeavoured to prove , that licences for marriages in some cases might be needful , and that dispensations also for non-residence might upon some occasion be of great necessity , as if a minister should be imployed upon some foreign ambassage , or other matter of great weight . m r yelverton much disliked , as it should seem , m r alford's speech , and spake very vehemently in maintenance of the bill , alledging , that , as he thought , no good christian could be against it ; in respect that by the very words of the bill it appears , that it was only framed for the suppression of such licences and dispensations , as were contrary to the word of god. m r dalton spake next against the bill , and grounded his opinion only upon this vain supposition , that a bishop can do nothing contrary to the word of god. m r beadle spake next in maintenance of the bill ; but the substance of his speech is so briefly and imperfectly set down , as it cannot be gathered what his reasons were . m r manwood spake very judiciously and moderately , allowing well the scope and meaning of the law , but wished , that in respect it mentioneth the redress of many grievances , those same grievances might first be particularly made known to the house , before the bill were any further proceeded in . m r fleetwood approved the bill , yet spake not directly for it ; but very covertly guirded at the ecclesiastical judges , and the office of faculties ; shewing also in the conclusion of his speech , that livings are given to ministers for the instructing the king and his people , and for the keeping of house , and other deeds of charity : all which , if they were absent by dispensation , he inferred must of necessity be neglected . serjeant lovelace lastly , as it should seem , concluded further speech in this business , shewing the use and commodity of this bill in question ; but doubted that there was not power enough given therein , nor sufficient remedy provided for redress of the mischiefs thereby supposed to grow , by reason of the granting the aforesaide licences and dispensations . upon which ( it should seem ) that some members of the house were appointed to consider of the said bill , but their names are not found in the original journal book of the house of commons , or in that before-cited anonymous journal , out of which both the preceding and ensuing speeches are transcribed . m r norton made a motion by warrant of this court , by the wisdom and godly care which in matters of weight was to be imployed , that to avoid the shameful and most hateful usage amongst the ecclesiastical judges , for delivering of clerks convict upon their oaths , and the manifest perjury there by their law against the law committed , some order might be taken . he proved it might not be said a liberty of the church , except they will claim a liberty to sin ; wherein indeed their principal liberty hath stood , and for the which they have not spared to hazard , nay to give , both their bodies and souls to become traitors to god and man. thus did that rebel bishop becket , whose principal quarrel and chief cause of all his stir , was , that the king would have punished one of his mark , a priest , for an abominable incest committed by him ; which trifling fault ( forsooth ) this holy saint could not endure to be rebuked by a temporal judge . et hinc illae irae . he shewed , it could not be termed a priviledge , and incouragement to learning , since it was no other but a cloak for their naughtiness , and for such as might be of the popes sect : as well appeared , in that it was allowed to none but to such as might enter their holy orders , and not to one that had two wives . he shewed at large the circumstance of their practised order upon the purgation of such clerks , declaring of truth so disordered and hateful doings , that the whole house resolved to take care for redress . there was then next after , by the policy of sir humphrey gilbert , a motion made by one to have in talk the griefs which before had been uttered in the house , concerning the deceitful dealings of treasurers and receivers , the reformation of the exchequer for homage , &c. and for the granting of licences by the queen , contrary to the form of sundry statutes . hereupon sir humphrey gilbert standing up , and some introduction made to crave patience and toleration of the house , he endeavoured to prove the motion of m r bell , made some days before , to be a vain device to be thought of , and perillous to be treated of ; since it tended to the derogation of the prerogative imperial ; which who should attempt in his fancy , could not otherwise be accounted than an open enemy . for what difference is to say , the queen is not to use the priviledge of the crown , and to say she is not queen ? since they are so linked together , that the one without the other may not possibly be , or subsist ? we are ( said he ) to give to a common constable the right and regard of his office ; which if we should deny her , what is it other than to make her meaner than the meanest ? and albeit experience hath shewed such and so great clemency in her majesty , as might make us perhaps forfeit our selves ; yet it is not good to sport or venture too much with princes ; yea , let be that our meaning be good , yet if it be not so thought of , how then ? he remembred the fable of the hare , which fled upon the proclamation , that all horned beasts should depart the court , lest his ears should be said horns ; this did he further inculcate , with this further signification , that if we should in any sort meddle with those matters , her majesty might look to her own power , and thereby finding her validity to suppress the strength of the challenged liberty , and to challenge and use her power any way , to do as did lewes of france , who ( as he termed it ) delivered the crown there out of wardship , which the said french king did upon like occasion . he also said , that other kings had absolute power , as denmark and portugal ; where as the crown became more free , so are all the subjects thereby the rather made slaves . this speech was disliked , as implying many occasions of mischief , but for the present he was not answered further , than that it seemed he did mistake the meaning of the house , and of the gentleman that made the motion ; who would it otherwise to be taken , nor otherwise for the house to deal in the matter , than to shew their common griefs in due and seemly sort unto her majesty . the parliament was then by the consent of the house , for that it was easter eve , adjourned until thursday next ; and it was agreed , that they should from thenceforth come to the house at seven of the clock in the morning ; during which said time of easter , m r strickland so often before-mentioned for the exhibiting the bill for reformation of ceremonies , and his speech thereupon , was called before the lords of the privy-council , and required to attend upon them , and to make stay from coming to the house in the mean season . thus far out of the aforesaid anonymous journal of the house of commons . the entrance into the next days passages ensueth out of the original journal-book it self of the said house , in manner and form following . on thursday the th day of april , to which day the house of commons had been on saturday the th day of this instant april foregoing , adjourned , the bill for the restraining of kentish and sussex cloths to be sold at the fairs at maidston , was read the first time . the bill for the validity of burgesses not resiant , was read the second time ; upon which ensued divers arguments , which being altogether omitted in the original journal-book of the house of commons , are therefore supplied out of that often before-cited anonymous journal . the first man that spoke effectually to this bill , was m r warnecombe of hereford ; who standing up , said to this effect , that it behoveth all those which were burgesses , to see to that bill ; for ( quoth he ) this may touch and over-reach their whole liberties , as not having whereunto to stay ; but that lords letters shall from henceforth bear all the sway : and to this effect was all that he said . m r norton first made explanation of the meaning of the bill , to be ( he said ) to shame the imperfection of choice , which is too often seen , by sending of unfit men ; and lest happily any thing might be objected to the imperfection of the parliament , which may seem to be scant sufficient by reason of the choice made by boroughs , for the most part of strangers ( whereas by the positive law no man ought to be chosen burgess for any borough , but only resiants and inhabitants ) he said further , that the choice should be of such as were able , and fit for so great a place and imployment , without respect of priviledge of place or degree ; for that , by reason of his being a burgess , it might not be intended or thought he was any thing the wiser ; withal he argued , that the whole body of the realm , and the good service of the same , was rather to be respected , than the private regard of place , priviledge , or degree of any person . then m r speaker moved the opinion of the house , whether they could like the bill should be ingrossed ; and coming to the question , some said no ; but the greatest number seemed to say yea. whereupon one standing up , whose name is not expressed in the said anonymous journal , said thus , i run wholly with the pretence of the bill , that boroughs decayed may be eased or relieved , knowing assuredly the same honourable for the realm , and in many respects profitable and commodious to those who do inhabit the countries adjacent to such decayed towns ; that it is so , i will not stand to perswade . how far this law may help them , i know not ; if they be decayed , then it is most fit for them , that of their own company there may be some , who feeling the smart , can best make relation of their estate ; and knowing the country , may devise and advise of such helps , as without the hurts of other places may restore the old ruines . all things are in change , and nothing so suppressed , but by god's grace the same may in time by policy be raised up . but to open my meaning shortly ; the question is , what sort of men are to come to this court , and publick consultation in parliament ? whether from every quarter , country , and town there should come ( as i might say ) home-dwellers , or otherwise men chosen by directions , it forceth not whom ? i am surely of mind , that neither for the good service of her majesty , safety of our country , or standing with the liberty , which of right we may challenge ( being born subjects within the realm ) this scope is to be given , or such loosness in choice to be permitted . that the whole land of this realm , we know , is to be for three purposes imployed , and thereby three sorts of men are , as it were , created . the one part given in frank almoigne , or for divine service to be used , to the glory of god and ministry of his word . the second part to be holden for defence against our enemies by the sword. the third for maintenance of our livelihood at home , and for necessary imployments here . of these three grounds , in the first division there groweth to our knowledge three sorts of men , the ministers and teachers of the gospel , of whom we must have care , and with whom in making of laws we must conferr if we will be christians . the second are the nobility , knights , and souldiers , the defenders and fortresses against our enemies . the third sort be the providers , devisors , and executors of all things necessary , commodious or seemly for a setled estate ( which hath the happiness to live there where is pax & justitia ) for increase of our wealths , sustenance of our laws , the governing of bodies , or what else soever is necessary for us : such are the counsellors , such are the judges and ministers of the laws , such be the tillers of the earth , such be merchants , such be victuallers , and in this degree be those , who do use manual and mechanical arts. of all these , in like sort , as of the others , regard , care , and respect must be had ; they throughly consulted with , the general and particular states are by them to be known , if we mean to proceed for the publick weal , or endeavour in the same a true perfection . these last sort making one kind are most ample , and thereto most effectual to be dealt with , as yielding to the rest supplementum , consilium & auxilium . the second sort is likewise most necessary to be thought of . the first are best , and first to be followed ; but those are all to be in one knot conjoyned , and as members of one body in one to be used . we may in regard of religion lye in the dike ( as the proverb is ) long enough without our own aid , if we do nothing but pray for the help of hercules . we may not trust only to the sword , lest the common known saying of cicero should turn to our shame : parva sunt soris arma , nisi consilium domi. neither our preaching , nor our praying to god are only sufficient , but withal we must do our endeavours , and help each other ; since for the driving away of a dog there is ( as the country-man saith ) some virtue in a stone , if it be conjoyned with s t john's gospel ; i mean , that every part of the body should do his own part to the aid of the other ; the hand to help the hand , the foot to help the foot , &c. this hath moved our forefathers , and on this ground hath it grown , that in this court where we are to consider of all , and ( as occasion may serve ) to alter , constitute , or reform all things , as cause shall be , that we do know all sorts of men , so far as may be to help all . how may her majesty , or how may this court know the estate of her frontiers , or who shall make report of the ports , or how every quarter , shire , or country is in state ? we who never have seen berwick or s t michael's mount , can but blindly guess of them , albeit we look on the maps , that came from thence , or see letters of instruction sent ; some one whom observation , experience , and due consideration of that country hath taught , can more perfectly open what shall in question thereof grow , and more effectually reason thereupon , than the skilfullest otherwise whatsoever . and that they should be the very inhabiters of the several countries of this kingdom , who should be here in times certain imployed , doubtless it was the true meaning of ancient kings and our forefathers , who first began and established this court. but leaving what i cannot reach unto , the first constitution and freedom of this court , the old president of parliament-writs do teach us , that of every country their own burgesses should be elected , the writ to the sheriff and burrough is directly so ; and the writs to the cities being counties , are , quod ex vobis ipsis eligatis duos cives , &c. which do prove it to be so ; the statute in the h. . for the confirmation of the old laws was therefore made , and not to create a new unknown law ; and that other in the .... h. . was made to redress the mischief , which by breach of that old law did grow . these do conclude it without contradiction , that for that time it was thought fit to continue the ancient use , liberty , and conveniency of service . we know that such as have spent their whole time in service , or have seen only the manner of government of other nations , and can tell you how the crown of france is delivered out of wardship , or otherwise tell a tale of the king of castile and portugal ; how they in making of laws do use their own discretion , the king of denmark useth the advice of his nobles only , and nothing of his commons ; nor can paint you out the monstrous garments of the common people in some parts of germany , or the mangled common-wealth of the allies , or shadows of the great cities , which now are to be seen in italy ; surely all those men , except they know also our own homes , are not to be trusted to conclude for our own home-affairs . doubtless the best learned for matters of commodity to be raised , or to be wrought in his own country , may happily give place to his own neighbours , even as wisely and learnedly a gentleman said of late , in every commitment , according to the matter , there must be a declaration of men , as for merchandize the merchant and so forth : unicuique in suâ arte perito credendum , we hold for a maxime . and i mean this wholly to no other end , but since we deal universally for all sorts and all places , that there be here of all sorts , and all countries , and not ( seeing you list so to term it ) thus to ease them of towns and boroughs , that they may chuse at liberty whom they list ; yet can i hardly call that a liberty which is contrary to that which the king and the queen commonly granteth as a free gift , and by these words , et de majori gratiâ meâ , &c. dedimus potestatem , &c. quod de se ipsis eligant duos burgenses , or duos cives ; we take it more for a man to have of his own , than to have ( by any mans discretion ) of another . it hath been of late oft and well said , that to nominate another to a benefice is nothing worth in value , but if it be , that a man may take the benefit himself , that is both valuable and estimable : that cannot hurt , that is ever good for me , if it be ever tied in nearest sort unto me ; and for this reason we say in law , that the estate tail , which must continue in our own blood , is better than the estate in fee simple , which may be got further from us , and is to be given to strangers at pleasure ; mischiefs and inconveniences there may grow by this liberty ; but a mischief it may be to me , and inconvenient also to utter the same : i will not speak thereof but dutifully , neither do i see any thing that is amiss at this present ; what was done a hundred years since , i may safely tell , and thus it was . a duke of this realm wrote his letters to a city , which i know , to this effect ; whereby he did signify , that a parliament was to be summoned in short time , and that for great causes he was to crave aid of all his friends , and reckoning them amongst the rest , he wished them of four under-nominated to chuse two ; the letter under the dukes seal is still preserved , but hear you the answer ; he was written to with due humbleness , that they were prohibited by law , they might chuse none of them . i will venture a little nearer . in queen maries time a council of this realm ( not the queens privy-council ) did write to a town , to chuse a bishops brother , ( and a great bishops brother it was indeed ) whom they assured to be a good catholick man ; and willed them to chuse to the like of him some other fit man. the council was answered with law. and if all towns in england had done the like in their choice , the crown had not been so wronged , and the realm so robbed with such ease at that parliament , and truth banished as it was ; what hath been , may be , there is no impossibility . it will be said , i mistake , it is not meant , but that towns shall be at liberty to chuse whom they list . i say , that liberty is the loss of liberty ; for when by law they may do what they will , they may not well deny what shall be required . it is too truly said , rogando cogit qui rogat potentior . and i have known one that to avoid a great mans displeasure that dwelt near him , that was desirous ( as he knew ) to buy his land , did upon small occasion bind himself not to alienate his land from his true heirs : this being known , i mean that he was bound as aforesaid ; the great man was contented to let him keep his own quietly , which otherwise he would not have done . surely law is the only fortress of the inferior sort of people , and contrary to the law , the greater sort will not desire or expect anything . though now at this present ( god be praised ) we need not to fear the greatness of any man , justice is so well administred : yet hereafter , whatsoever hath been we may fear , either for maintenance of faction , or maintenance of mischief . again , i say , it may be , what heretofore was possibly again may be . we stand and have stood of late upon the notorious manifestation of the authority of parliament : except withal you keep the ancient usage of the same , and withal endeavour the freedom thereof , in effect you do nothing , if i guess aright . it is further said , that in some towns there are not men of discretion fit ; they be not the wiser ( said the gentleman that spoke before , ) for being burgesses . i can never be perswaded , but that either the lord , whose the town is , be the town never so little ; or the steward , if it be the queens , or some good gentleman of the country adjoinant , will either assign them who know the town and can be content to be free among them , and to serve by their appointment , for their country , and for them ; or else for some reasonable fee , such as be of their learned councel , and who know them , and the country will deal for them . i mean it not so strictly , that those who should be chosen , should of necessity be dwellers in the town ; but to be either of the town , or towards the town , borderers and near neighbours at the least : and to this effect i would the bill were framed . i stand too long hereon , and abundance of matter occasioneth confusion ; this is all . it was meant at the first , and first constitution of parliament , that men of every quarter , and of all sorts , should come to this court , that they should be freely chosen . this in every age hitherto hath seemed best ; to alter without cause is not convenient ; to give every town liberty may offer in time inconvenience . none so fit for every country as those who know the same . to chuse of their own , it is a liberty ; to lose their liberty , i think it a bad commodity , call it as you please ; by such kind of release in easing men of their . wealths , or of some good part of their living , beshrow our charity . and in like sort , and in like reason , it seems to me this law is inferred out of the preface of the same . for thus it is penned : forasmuch as some towns are decayed , and have not of their own , therefore let every town do what they list . of a particular proposition to make a general conclusion , it is against our rules , and nothing ( as saith the philosopher ) is more absurd than non causam pro causà . some towns cannot send fit men , it standeth very strongly , if you seek to help , let the plaister be fit for the sore ; let not the salve be stretched too far , lest the whole and sound flesh by the broad spreading of the salve , do either smart , fret or fester . the medicine which healeth the sick man may be poyson for the whole and sound man. all citizens and burgesses should not be thought alike , and yet all provided for , as there is due cause ; let there be therefore convenient consideration , how to heal , how to hurt . and i could wish , according to the weight of the matter , it might be rather staid on , than thus abruptly over-ruled ; and while we fly scylla , we fall not into charybdis ; while we say that boroughs cannot send to this high court so fit men as be convenient , that by altering the ancient usage , which is the only warrant and sole stay of freedom in parliament , it may happily be said we have no parliament now within this realm , nor liberty at all for any such here to be holden . m r bell in answer of this , did collect the substance of what had been said , and in a long discourse shewed , that it was necessary all places should be provided for , and not boroughs only , being but one of the members of the common-wealth , and that some of them have neither wealth to provide fit men , nor themselves any in any sort convenient . he thought not amiss , if in respect of those manifest wants , convenient supply should be ; but without the warrant of parliament , such alteration might not be . he then thought it not amiss to be advised . and for the objection of the danger which may ensue by reason of the letters of noblemen ; he could not ( he said ) but think it convenient to prevent the same ; and therefore wished , that there might be the penalty of forty pound upon every borough that should make such election at the nomination of any nobleman . m r alford reasoned to this effect , that above all things , necessary care ought to be for the chusing and having of fit men to supply the place , that there be not imperfection . and therefore noted one great disorder , that many young men , not experienced , for learning sake , were often chosen , through whose default he knew not ; whether letters of noblemen , love or affection in the country , their own ambition , or the careless accompt of the electors , or what else was the cause , he knew not ; but it was to be seen : whereupon he would , none should be of that house , not of thirty years of age at the least . and for the choice of townesmen ( he said ) he was of this mind , that moses and aaron should be conjoined together , and that there should be one of their own , or some gentleman near them , who had knowledge of the state of the country ; and the other a man learned , and able to utter his mind and opinion , since that knowledge locked up in the breast , not being orderly opened , is to no purpose ; and this part ( he said ) was as requisite for consultation as the other . so that he seemed to conclude the law should be in force for the one burgess , and at liberty for th other . after which speeches the aforsaid bill touching the validity of burgesses , &c. was ordered to be committed , but the names of the committees being not found in the aforesaid anonymous journal , are therefore transcribed out of the original journal-book of the house of commons it self ; viz. sir thomas hilton knight , m r bell , m r robert bowes , m r fleetwood , m r warnecomb , m r bedle , m r atkins , m r alford , and m r gynes ; and appointed to meet in the temple-church upon saturday next at two of the clock in the afternoon . it was ordered that the wardens of the fleet should bring m r sacheveril into this house to morrow in the morning , at nine of the clock , touching m r skeffington's bill . vide concerning this bill on saturday the th day of this instant april foregoing . the bill against usury was read the second time , whereupon ensued divers arguments and speeches , which being omitted in the original journal-book of the house of commons , are therefore transcribed out of that often already cited anonymous journal of the same house , in manner and form following . first one m r clarke spoke to this effect , that the referring of the punishment in the bill mentioned , being put to the ecclesiastical judges , for so much was nothing ; for that they are to punish by the civil law , by the canon law , or by the temporal law. the civil law would not avoid them , because by that law there is allowance of usury . the canon law is abolished ; and in that respect the temporal law saith nothing ; so that the pretence may seem to be somewhat , but the effect thereby wrought is nothing ; yet that it was ill , neither christian nor pagan ever denied . aristotle being asked what usury was ? he said , it was praeter naturam , and therefore could not be defined . and plato being asked the same question , he said it was idem ac hominem occidere . s t augustine the same ; and in the very words of the psalmist answereth to the question , domine quis habitabit in tabernaculo tuo ? he said , qui curat proximo suo , non decipit eum , & qui pecuniam suam non dabit ad usuram . m r molley first learnedly and artificially making an introduction to the matter shewed , what it might be thought on for any man to endeavour the defence of that which every preacher at all times , following the letter of the book , did speak against ; yet saith he , it is convenient , and being in some sort used , it is not repugnant to the word of god. experience hath proved the great mischief which doth grow by reason of excessive taking , to the destruction of young gentlemen , and otherwise infinitely ; but the mischief is of the excess not otherwise . since to take reasonably , or so that both parties might do good , was not hurtful ; for to have any man lend his money without any commodity , hardly should you bring that to pass . and since every man is not an occupier who hath money , and some which have not money may yet have skill to use money , except you should take away or hinder good trades , bargaining and contracting cannot be ; god did not so hate it , that he did utterly forbid it , but to the jews amongst themselves only , for that he willed they should lend as brethren together ; for unto all others they were at large ; and therefore to this day they are the greatest usurers in the world. but be it , as indeed it is , evil , and that men are men , no saints , to do all these things perfectly , uprightly and brotherly ; yet ex duobus malis minus malum eligendum ; and better may it be born to permit a little , than utterly to take away and prohibit traffick ; which hardly may be maintained generally without this . but it may be said , it is contrary to the direct word of god , and therefore an ill law ; if it were to appoint men to take usury , it were to be disliked ; but the difference is great between that and permitting or allowing , or suffering a matter to be unpunished . it may be said , that nudum pactum non parit obligationem , but there must be somewhat given in consideration . let be that there is nothing given of the lenders , yet there is somewhat simile , & omne bonum exemplum , & omnis lex in se aliquid habet mali ; for that some body shall suffer thereby . we are not , quoth he , so straitned to the word of god , that every transgression should be surely punished here . every vain word is here forbidden by god , yet the temporal law doth not so utterly condemn it . as for the words of the scripture , he saith , the hebrew soundeth thus in answer of this question ; qui non dat pecuniam suam ad morsum : so it is the biting and over-sharp dealing which is disliked and nothing else . and this , he said , was the opinion and interpretation of the most famous learned man beza , and in these days , of bellarmine and divers others ; who say , that the true interpretation of the hebrew word is not usura , but morsus . doctor wilson master of the requests , said , that in a matter of so great weight he could not shortly speak , and acknowledging that he had throughly studied the matter , desired the patience of the house . and first he endeavoured to prove , that the common state may be without usury ; then he shewed , how even men that have been ignorant of god or his laws , finding the evils thereof by their laws , redressed it ; and utterly prohibited the use thereof . as the athenians caused all the writings taken for interest money to be burnt ; and the like did lycurgus by a law which he made , and seeing the fire , he said , he never saw so fair a flame as those books yielded . he then made a definition of usury , shewing it was taking of any reward , or price or sum , over and above the due debt . to make any thing of that which is not mine , it is robbery . forthwith upon the delivery of the loan money , it is not mine . and the law is , that mutuum must ever be free . and here he shewed the difference between location and mutuum ; the one implying a contract , the other none . he remembred out of ezechiel and other the prophets , sundry places of scripture , and vouched s t augustines saying , that to take but a cup of wine , is usury and damnable . this he seemed to say in answer to that which had been before pronounced , that it was not usury except it were morsus . he shewed , that loss may grow by usury ; first , to the queen , then to the common-wealth . to the queen in this , that men not using their own money , but finding great gain in usury , do imploy the same that way ; so that her customs must decrease : to the common-wealth , for that , who so shall give hire for money , is to raise the same in the sale of his commodity . all trades shall be taken away , all occupations lost ; for most men seeking most ease , and greatest gain , without hazard or venture , will forthwith imploy their money to such use . he shewed it to be so hateful in the judgment of the common law , that an usurer was not admitted to be a witness , nor after his death to the common sepulchre of christians . and for that his discourse had been long , he inserted ( as he said ) this tale for recreation of the hearers . in italy , quoth he , a great known usurer being dead , the curate denied him the common place of burial ; his friends made suit , the priest would not hear ; in fine , the suitors bethought them of a policy to bring it to pass , that he might be buried in the church ; which was this . the parson of the church did accustomably use to carry his books daily from his house to the church on his ass ; and the ass by often going needed not to be driven , but knowing his journey , as soon as he was laden , would of himself go to the church door ; they desired the parson , his ass might carry the dead body , and where it should stay , the body to be buried . to so fond a request the priest agreed , the body was laid on the ass , who feeling a greater burthen than he was used to bear , did run towards the town , never staying until he came to the common place of execution . this tale merrily told , he again entred to his matter , and proved the condemnation of usury and usurers , by the authority of the nicene and divers other councils : he shewed , that the divines do call usury a spider , a canker , an aspis , a serpent and a devil ; he shewed how in nature the offences of homicide and usury are to be compared , and by examples proved the ruins of divers common-wealths , when such practices for gain are suffered as that of the common-wealth of rome , &c. the manner of exchange now used in london , and how much abuse he shewed , a thing in old time not practised , but by the king , as in ed. . time , when thereby the king obtained such treasure , and such excessive wealth , that it was first wondred at , then guessed that it grew by the science of alchymy . he here shewed the practice of the low-countries , of germany , and namely the doings of fulchers to the very beggering of great and mighty princes ; he vouched the authority of sir john cheek in that place , concerning that matter ; and the mind of the ancient english law-writers , who say that the offence of usury in life the bishop is to punish ; but after his death his executors shall not have his goods , but they appertain ad fiscum . he concluded that the offence in his conscience should be judged felony . m r bell said , this matter being so ample had occasioned much speech , and was for cunning men a fit theme to shew their wits and skills upon . yet , saith he , it standeth doubtful what usury 〈◊〉 we have no true definition of it . and in our laws we have little written thereon but this , usura non currat super infantem . and not much more but to answer the objections , where it is pretended , that the not punishing of it by the temporal judge , may seem to be an approbation of it , or to leave it to the church may seem as if we had no care concerning it ; for that to put over an offence to another judge , may not be so said , if to the church it may appertain , and they may well correct it . he further shewed , that the priviledge of the church is by statute upon this point to be expressed , namely in the statute de articulis cleri . he said , we must not curiously search cicero's paradoxes , and pronounce that peccata sunt aequalia , hoc est , quod omne peccatum est peccatum ; and no further : but be every man according to his transgressions , to make a reasonable pain ; though he who stealeth two pence , doth as well steal as he who stealeth an hundred pounds ; yet there are degrees ; we have petit larceny , and that which is greater ; both faults , both to be punished , both to be hated ; but difference there is in punishing , even according to the greatness and smallness of the offence ; for the one there is death , for the other not so . in the statute for punishing of perjury o of this queen , there are sundry degrees of perjury : not for that there is less perjury in the one than in the other ; but that there is greater hurt occasioned in the one than in the other . in answer of the scripture , he said , the law of god is , if thou be stricken on the one cheek , to turn the other ; or if thy cloak be taken away , to give also thy gown . the literal sence is not to be taken , and , as there is cause , a reasonable construction must be . so he concluded , that though it were a sin , yet it was to be punished here on earth according to the good or bad , or rather according to the greater or lesser hurt which groweth thereby . after which one ( whose name is not expressed in the said anonymous journal ) endeavour'd the answer of m r wilson , but with a protestation of his insufficiency , and then he shewed , how the divines have not agreed what is usury , but for his own part , he was to incline to the opinion of the learned of these days , whose interpretation of litteral sence and skill of the tongues do appear ; which took that for no usury which is without grievance . he made a difference of the law of god concerning the divine majesty contained in the first table , and what is concerning man in the second table ; saying , that nothing is to be said in that degree sin in it self , but by the circumstances ; for so it is known whether it be good or bad . to kill is prohibited , yet sometimes not to kill is evil . phineas killed , and was therefore commended . and thefts at times have been in scriptures approved . so likewise usury is allowed of in the scriptures ; but that it might be used to strangers only : albeit the chosen children of god amongst themselves might not use it . but let be , whether it be utterly unlawful , or in some sort to be tolerated , it is a question ; and until it be determined for the common commodity and maintenance , let it be as hitherto it hath been used . and for the common sort of bargains of corn for cloth , silk for land , &c. what they be , whether usury or no , we know not . that all should be well , it is to be wished ; that all may be done well among men , it is beyond hope , for we are no saints , we are not of perfection to follow the letter of the gospel , who so striketh the one cheek , &c. and this text date nihil inde sperantes ; these are no express commandments . for the first , the law of nature doth direct , and for the other also the same law in effect maketh defence ; surely there can be no sin where there can be no breach of charity . to do that therefore to another which we would to our selves ( the state , circumstance and case to our selves considered ) is commendable , or not to be reproved ; if we our selves be to borrow , who is it that would not in extremity give a little to save much money ? it is said , the usurer doth or may grow rich : who hath disliked in a common-wealth , that there should be homines boni srugi ? they may be considered , and may be good , more than for one purpose . he further stood on this , that god did not absolutely forbid usury , which surely if it had been utterly ill , he would have done . and he added , that the common laws were cruel in their censures , and wished that they should be no more remembred than they are followed . serjeant lovelace argued to this effect , that usury was of money only , protesting that he hated all kind of usury , but yet the greater the ill was , the more and more greatly did he hate the same . but to prohibit it with so sharp and extream a law as to lose all , he thought it would be the ground of greater covetousness ; withal he added , to prohibit the ill of covetousness in generality , were rash , void and frivolous ; since that the speech and the act it self is indefinite , comprehending all our actions and doings ; and therefore , as utterly vain to prohibit it , in vain words of generality . to prohibit drunkenness , pride , envy , surfeiting , &c. were somewhat in some particular sort ; to do it in generality , albeit that we know that it is every way damnable by the direct and written word of god , it were but folly . of these great evils ( to the which man of his nature is born and made prone , and too apt ) when we may not reach to the best , furthest and uttermost , we must do , as we may say , by degrees . as to say there shall be no deceit , or sleight in making of this or that kind of wares ; that the husband-man shall till his arable land , and that he shall not keep above such a number of sheep ; that there shall be no forestalling , regrating , &c. and this in particularity ; whereas otherwise , generally amongst sinful men to prohibit this sin or that sin utterly on a pain , it may not be : but thus rather , he that shall so sin shall suffer or lose so much ; whereupon he concluded , that there should be degrees in punishing of usury ; as he that should take so much , to lose , or be punished thus ; he that shall take more , more deeply . m r flectwood shewed , that all these arguments long since , with great skill , and very often have been opened in this place : he said , it was ingenui pudoris sateri per quem profeceris . m r check , he said , argued , and so far forth explained this matter , as the learner was thereby sufficiently informed , and the learned fully satisfied . his papers of his speech ( he said ) he had not lost , and therefore could shew as much cunning as the cunningest , which had bent or endeavoured himself thereunto . he said he had read the civil law , and of the common law somewhat ; but how well he did understand it , he would not promise ought : what usury was , he said , he was not to learn ; call it if we list , proxima homicidio , or how else by a description , he forced not much ; for if there were not civil law , it were not much to be accounted of for any certainty in this case thereby to be had ; and the most ancient laws of this realm have taught us thereof somewhat ; as the laws of ..... do make to us mention of usury . so do the laws made in lucius his time , and those of athelred ; whereby it was ordained , that witches and usurers should be banished . king edward the saint reserreth and appointeth the offenders herein to suffer ordalium . then was there a great kind of usury known , which was called torus , and a lesser known by the name of ..... glanvile , in the book de legibus antiquis , maketh mention of an inquiry of christian usurers . in the tower ( he said ) he had seen a commission awarded to the master of the courts ( he named not what courts ) to enquire of usurers , and the punishment of them ( he said ) was whipping ; he said further , by scripture he knew it was damnable ; and therefore , whether it was good or not good , it was no good question . for the matter of implication , whether by the pretence of the law it might be intended that it was in any sort allowed ; he said it might be construed and compared there with the statute of tiths : where it is said , that till for seven years after heath ground broken up , no tith shall be paid ; the construction hereupon is clear . he shewed also , that usury was malum in se , for that of some other transgressions , her majesty may dispence afore with ; but for usury , or to grant that usury may be used , she possibly cannot . he further said , that the words of an act of parliament are not ever to be followed ; for that sometimes the construction is more contrary to what is written , as in the statute of magna charta ; nisi prius homagium fecerit . and some statutes are winked at by non-observation or otherwise , so that they seem to be no laws , even in those things which we practise most , as the statute of gloc. for the oath to be taken in debt and damages . m r dalton endeavoured to prove , that m r fleetwood mistook the bill , but in fancy he mistook his arguments . m r norton shewed , that all usury is biting ; as in the word steal is contained all kind of injurious taking away of a mans goods : and as slanderizing is said to be murthering or homicide ; so is usury justly ever to be said biting , they being both so correlated or knit together , that the one may not be without the other . he concluded , that since it is doubtful what is good , we should be mindful of the old saying , quod dubitas ne feceris , and for that quod non ex fide est peccatum est , therefore he wished that no allowance should be of it . after these arguments ( being transcribed out of the often before-cited anonymous journal ) were ended , there is no other mention of any further proceeding in this bill , but it doth plainly appear by the original journal-book of the house of commons , that this bill having had its second reading as aforesaid , was now at the last , after the preceeding arguments were ended , committed by m r treasurer and others , whose names are all omitted in the original journal-book . on friday the th day of april , the bill for the assizes to be kept at worcester , was read the first time . the bill also for impannelling of juries , was read the second time , and rejected upon the question . these two bills being thus transcribed out of the original journal-book of the house of commons , the greatest part of the residue of this days passages , do here next follow , out of that often already cited anonymous journal , in which there is one bill touching caps , which is not at all mentioned in the original journal-book it self aforesaid , set down in manner and form following , viz. a bill for caps was read the second time , and ruled , that the same should be ingrossed . this bill ( as is aforesaid ) is not at all found to be set down in the original journal-book of the house of commons ; but that next ensuing is there mentioned , and the arguments also touching the liberty of the house , are there generally remembred , which with the said bill do here at large follow , with some small alteration only , out of the aforesaid anonymous journal , in manner and form following . the bill for such as be fled beyond the seas without licence , or shall not return within a certain number of dayes , after their licences expired , to lose their lands and goods , and to avoid covenous gifts , was read the second time , and not then effectually spoken unto by any man. m r wentworth very orderly in many words remembred the speech of sir humphrey gilbert , delivered some days before : he proved his speech ( without naming him ) to be an injury to the house , he noted his disposition to flatter and fawn on the prince , comparing him to the cameleon , which can change himself into all colours , saving white ; even so ( said he ) this reporter can change himself to all fashions but honesty ; he shewed further the great wrong done to one of the house , by a misreport made to the queen ( meaning m r bell ; ) he shewed his speech to tend to no other end than to inculcate fear into those which should be sree ; he requested care for the credit of the house , and for the maintenance of free speech ( the only means of ordinary proceedings ) and to preserve the liberties of the house , to reprove lyers , inveighing greatly out of the scriptures and otherwise , against liers . as this of david , thou o lord shalt destroy lyers , &c. m r treasurer signified his desire to have all things well ; saying , he could not enter into judgment of any ; but he said , it was convenient ill speeches should be avoided , and the good meaning of all men to be taken , without wresting or misreporting ; and the meaning of all men to be shewed in good sort without unseemly words . m r speaker endeavoured an agreement and unity in the house , making signification that the queens majesty had in plain words declared unto him , that she had good intelligence of the orderly proceeding among us ; whereof she had as good liking as ever she had of any parliament since she came unto the crown ; and wished we should give her no other cause than to continue the same , and added further her majesties pleasure to be , to take order for licences ; wherein she had been careful , and more careful would be . m r carleton with a very good zeal , and orderly shew of obedience , made signification how that a member of the house was detained from them ( meaning m r strickland ) by whose commandment , or for what cause he knew not . but for as much as he was not now a private man , but to supply the room , person and place of a multitude specially chosen , and therefore sent , he thought that neither in regard of the country , which was not to be wronged , nor for the liberty of the house , which was not to be infringed , we should permit him to be detained from us . but , whatsoever the intendment of this offence might be , that he should be sent for to the bar of that house , there to be heard , and there to answer . m r treasurer in some case gave advertisement to be wary in our proceedings , and neither to venture further than our assured warrant might stretch , nor to hazard our good opinion with her majesty on any doubtful cause . withal he wished us not to think worse than there was cause . for the man ( quoth he ) that is meant , is neither detained nor misused , but on considerations is required to expect the queens pleasure , upon certain special points : wherein ( he said ) he durst to assure that the man should neither have cause to dislike or complain , since so much favour was meant unto him as he reasonably could wish . he further said , that he was in no sort stayed for any word or speech by him in that place offered ; but for the exhibiting of a bill into the house against the prerogative of the queen ; which was not to be tolerated . nevertheless the construction of him was rather to have erred in his zeal and bill offered , than maliciously to have meant any thing contrary to the dignity royal. and lastly , he concluded that oft it had been seen , that speeches have been examined and considered of . sir nicholas arnold with some vehemency moved , that care might be had for the liberty of the house ; he was inforced , he said , rather to utter , and so to run into danger of offence of others , than to be offended with himself . m r comptroller replied to the effect m r treasurer had before spoken . m r cleere told , how the prerogative is not disputable , and that the safety of the queen is the safety of the subjects . he added , how that for matter of divinity , every man was for his instruction to repair to his ordinary , being a private man ( where he utterly forgot the place he spake in , and the person who was meant ; for that place required and permitted free speech with authority , and the person was not himself a private man but a publick ; by whom even the ordinary himself was to be directed ) he concluded , that for as much as the cause was not known , he therefore would the house should stay . m r yelverton said he was to be sent for , arguing in this sort . first , he said , the president was perillous , and though in this happy time of lenity , among so good and honourable personages , under so gracious a prince , nothing of extremity or injury was to be feared ; yet the times might be altered , and what now is permitted , hereafter might be construed as of duty , and enforced , even on this ground of the present permission . he further said , that all matters not treason , or too much to the derogation of the imperial crown , were tolerable there , where all things came to be considered of , and where there was such fulness of power , as even the right of the crown was to be determined , and by warrant whereof we had so resolved . that to say the parliament had no power to determine of the crown , was high-treason . he remembred how that men are not there for themselves , but for their countries . he shewed , it was fit for princes to have their prerogatives ; but yet the same to be straitned within reasonable limits . the prince , he shewed , could not of her self make laws , neither might she by the same reason break laws . he further said , that the speech uttered in that place , and the offer made of the bill , was not to be condemned as evil ; for that if there were any thing in the book of common-prayer , either jewish , turkish or popish , the same was to be reformed . he also said , that amongst the papists it was bruted , that by the judgment of the council , strickland was taken for an heretick ; it behoved therefore to think thereof . m r fleetwood first shewed the order of civil arguments from the cause to this effect , that time must be known and place observed . he said then , that of experience he could report of a man that was called to account of his speech in to of this queen ; but he said , he could not meddle with so late matters , but what he had learned in the parliament rolls , he thought convenient should be known and considered of . in the time of h. . a bishop of the parliament was committed to prison by commandment of the king ; the parliament resolved to be suitors for him . and in king h. . the speaker himself was committed , &c. with him another of the house ; the house thereupon stayed , but remedy they had none , other than to be suitors to the king for them ; whereupon he resolved , that the only and whole help of the house for ease of their grief in this case , was to be humble suitors to her majesty , and neither send for him , nor demand him of right . during which speech the council whispered together , and thereupon the speaker moved , that the house should make stay of any further consultation thereupon . thus far of these speeches out of the aforesaid anonymous journal , unto which for the intire making up of this present days agitations , these passages following are transcribed out of the original journal-book it self of the house of commons , in manner and form following . m r comptroller moved touching the bill for bristol , that licence might be granted to amend it in form , not changing the matter ; which was assented unto . the bill concerning coming to church , and receiving of the communion , was read the second time . a proviso to the bill concerning coming to church , and receiving the communion , was read the first time . the bill for shrewsbury was read the second time , and ordered to be ingrossed . on saturday the th day of april , an addition to the bill for coming to church , and receiving of the communion , was read the first time . a proviso to the bill for coming to church , and receiving of the communion , was read the first time . the bill for coming to church , and receiving the communion , with the additions and provisoes , were committed unto m r treasurer , m r chancellor of the dutchy , sir thomas smith , m r moore , m r henry knolles sen. m r sampoole , m r mounson , m r bell , m r yelverton , m r agmonderon , m r boyer , m r thomas snagg , and m r strickland , who were appointed to meet in m r treasurers chamber at the court , at two of the clock in the afternoon . thus far of this days passages out of the original journal-book of the house of commons . now follows an observation upon m r stricklands coming to the house this day ; being nominated the last committee in the bill foregoing , out of that often before-cited anonymous journal ; because it doth conduce very much to the declaration and maintenance of the liberties of the house : for the said m r strickland having on saturday the th day of this instant april , pressed very earnestly the reformation of the book of common-prayer , and some ceremonies of the church , was , after the adjournment of the house of commons on that day , being easter even , called before her majesties council , about the beginning of the week following , and was commanded by them to forbear coming to the said house , in the mean season , and to attend their further pleasure ; whereupon , on friday immediately foregoing , being the th day of this said instant april , divers speeches and motions having passed in the house , touching the breach of the liberties thereof , by restraint of one of their members from repairing thither ( although he were neither imprisoned nor confined ) m r speaker did at last desire them to forbear further consultation in the said matter . and the house having at his said request , passed over the residue of the said day in the morning , in the agitation of other business , the above-mentioned m r strickland did this forenoon ( upon an advertisement ( as it should seem ) from her majesties council ) repair again to the said house , soon after it was set . and coming just upon the time , when the foregoing bill for coming to church , and receiving the communion , was in the referring to committees ; the said house did in witness of their joy for the restitution of one of their said members , awhile from them restrained , presently nominate him one of the said committees , as appeareth plainly by their names immediately foregoing , being inserted out of the original journal-book of the said house , out of which these next ensuing passages do follow , in manner and form following . the bill for william skeffington esq , was read the second time , and henry sacheverel being present at the bar , and in open court confessing the fraud , offered by way of excuse a bill of causes moving him thereunto , which was read also , and ordered to be ingrossed . the proviso to the bill for coming to church , and receiving of the communion , was read the second time ; upon which , as it should seem , divers arguments ensued , although no mention thereof be made in the aforesaid original journal book it self ; and are therefore supplied out of that often before-cited anonymous journal , in manner and form following ; viz. m r aglionby argued , that there should be no human positive law to inforce conscience , which is not discernable in this world. to come to the church , for that it is publick , and tendeth but to prove a man a christian , is tolerable and convenient ; and not to come to church may make a man seem irreligious , and so no man ; for that by religion only a man is known and discerned from brute beasts ; and this is to be judged by the outward show . but the conscience of man is eternal , invisible , and not in the power of the greatest monarchy in the world , in any limits to be straitned , in any bounds to be contained , nor with any policy of man , if once decayed , to be again raised . he shewed , that neither jew nor turk , do require more than the submission to the outward observance , and a convenient silence , as not to dislike what is publickly professed , but to inforce any to do the act , which may tend to the discovery of his conscience , it is never found . he shewed the difference betwixt coming to church , and receiving the communion ; the one he allowed to be incomprehensible in law , the other he could not allow . and in answer of that which before had been said , that the conscience was not straitned , but a penalty of the loss of their goods only adjudged ; whereof no doubt the law of god and the law of nations had given to the prince an absolute power ; he said to this out of cicero de legibus , that man out of his own nature is to care for the safety of man , as being reasonable creatures , and not the one to seek to bereave the other of his necessary livelyhood , adding out of the same book , this saying of tully , qui deum non curat hunc deus ipse judicabit . he shewed out of s t paul , that we must not do ill that good may grow thereby ; we must not take from him that is his , to the end thereby to make him to do what is not in his power ; to be fit for so great a mystery god above of his free gift may make a man. to come unworthily the penalty is appointed , s t paul hath pronounced it to be death and damnation , as guilty of the blood and death of christ. not to come our compulsory law shall now condemn , so that this our favour herein to be extended , is either to beg , or be exiled from our native country . he said , there was no example in the primitive church to prove a commandment for coming to the communion , but an exhortation ; he said , s t ambrose did excommunicate theodosius , and forbid him to come to the communion , because he was an evil man. and for us to will and command men to come , because they are wicked men , it is too strange an inforcement , and without president . m r agmondesham without regard of any thing spoken before , made mention of a decree in the star-chamber made by nine of the privy-council , signed with their hands , and the hands of the chief justices , concerning the receiving of the communion by gentlemen of the temple . this decree made by so grave and learned men , he thought for himself , and to his own conscience , was a stay what to judge , and a direction or president what to follow : the tenor of which decree , for so much as it did concern the reformation of the houses of courts , and principal places to be thought and considered of , he wished might be inserted into the law. the motion was well liked , and he required to bring the same the next day , which was done . m r norton shewed , that where many men be , there must be many minds , and in consultations convenient it is , to have contrary opinions , contrary reasons and contradictions ; thereby the rather to wrest out the best : but this by the rule of reasoning , and reason must be sine jurgiis : he then said , that not only the external and outward show is to be sought , but the very secrets of the heart in gods cause , who is scrutator cordium , must come to a reckoning . and the good seed so sifted from the cockle , that the one may be known from the other . a man baptized is not to be permitted among us for a jew . and here somewhat slipping from the matter inspeech , he moved , that all suspected for papistry might make this oath , that they did acknowledge the queen to be queen , for any thing the pope in any respect might do , noting some imperfection in the former oath . to this end , quoth he , are the bulls now sent to discharge men of their allegiance , and to give free pardon of sins ; so that he , who thus should be pardoned , should from henceforth in no sort communicate with the professors of the gospel ; and now ( quoth he ) the very touchstone of trial , who be those rebellious calves , whom the bull hath begotten , must be the receiving of the communion ; which who so shall refuse , we may justly say , he savoureth , &c. and men are not otherwise to be known but by the external sign . to answer and satisfy the dilemma objected before in the first day , made concerning the disorders of certain ministers , in saying of the service contrary to the instruction of the book ; he wished , this proviso might be added , that mistaking of chapters , misreading , &c. should be recovered as no offence , so that there be no mass-song , or popish service used in latin , &c. and thus the bill rested to be further considered of . these preceeding speeches being thus transcribed out of the aforesaid anonymous imperfect journal , a great part of the residue of this days passages , do now next ensue , out of the original journal-book of the house of commons , in manner and form following . the committees for the bill of treasons , were appointed to meet in the star-chamber , upon tuesday next , between two and three of the clock in the afternoon . the bill for bristol was brought in by m r comptroller , corrected in form , but not in substance or matter . m r serjeant barham and m r attorney general , declared that the lords desire that some of this house be sent presently to them for conference ; whereupon it was ordered , that all the privy-council , being of this house , sir christopher heydon , m r wilson , sir john thynne , sir nicholas arnold , sir henry gate , sir henry norrice , m r audrian stocks , m r recorder of london , m r fleetwood , m r serjeant manwood , m r serjeant lovelace , m r henry knolles sen. , m r heneage , m r bell , m r mounson , m r norton , and m r yelverton , shall presently repair unto their lordships : who so did , and thereupon brought report to this house from the lords , that as the season of the year waxed very hot , and dangerous for sickness , so they desired , that this house would spend the time in proceeding with necessary bills for the common-wealth , and lay aside all private bills in the mean time . vide apr. . thursday postea . which report was made by m r treasurer , and a note brought from the lords by him , of such bills as they thought meetest to be treated of , was read by the clark ; viz. the bill for treasons . the bill for coming to church and receiving the communion . the bill against untrue demeanors of tellors , receivors and collectors . against such as be fled beyond the seas without licence . against fraudulent gifts and conveyances of lands and goods . for preservation of wood. for respite of homage . for corrupt returns by sheriffs . for the subsidy . for suits by promoters . the bill for subsidy was read the first time , to which there is nothing mentioned to have been spoken by any member of the house of commons , in the original journal-book of the said house ; and therefore , although that little that is set down in the often already cited anonymous journal do there remain imperfect , yet in respect it is the very last thing which is contained in it , i have thought it worthy the transcribing ; it being as followeth , m r john young ( after that the said bill of subsidy had been read the first time ) offered the house some speech ; and silence being obtained , he spake to this effect ; that the burden of the subsidy and charge by loans , imposed by the prince upon us , and the charge of the richest and most noblest prince being considered , it were not amiss if it ------ but what should here follow is hard to be conjectured , in respect that here the aforesaid anonymous journal breaketh off abruptly . sir robert read , and m r doctor yale , did bring from the lords a bill against bulls , &c. procured from the see of rome , as a bill amongst the residue of necessary bills meet to be considered of , and prayed expedition for the reading and passing thereof . the bill for the erection of seven banks or stocks of money , was read the first time . on monday the th day of april , the bill for bristol , which was committed on thursday the th day of this instant april preceeding , and brought in by m r comptroller on saturday the th day of the same month foregoing , was this day , upon the question , ordered to be ingrossed . m r serjeant manwood , m r serjeant lovelace , m r bell , m r mounson , m r baber , m r fenner , m r shute , and m r bedell , are added to the former committees for vagabonds : but it should rather seem , that those were the first committees appointed in this bill , and that this was the second reading thereof ; for on friday the th day of this instant april foregoing , it had its first reading , and in the mean time since , between the said day and this present committing of it , there is no mention made in the original journal-book of the house of commons , that the said bill was at all read the second time , or committed . the bill for reformation of promoters , was read the first time , and after many long arguments rejected . and m r attorney of the dutchy , m r recorder of london , m r sands , m r sampoole , m r bell , m r popham , and m r alford , were appointed to make a new bill , and to meet in the temple church , upon wednesday next at two of the clock in the afternoon . m r norton , m r fenner and m r fleetwood , were appointed to draw a bill for the preservation of wood , and to receive information of all such , as for that purpose shall repair unto them . the bill against bulls , &c. procured from the see of rome , was read the first time , and m r attorney of the dutchy , m r serjeant jeffry , m r wilbraham , m r yelverton , m r norton , and m r sands , were appointed to consider of the bill , and to meet at the temple church at three of the clock this afternoon . the bill against untrue demeanors of tellors , receivors , treasurers and collectors , was read the second time , and after many long arguments was committed unto m r chancellor of the dutchy , m r chancellor of the exchequer , m r heneage , mr. attorney of the dutchy , mr. seckford , master of the requests , mr. bell , mr. alford , mr. iresby , mr. yelverton , mr. sampoole , sir john thynne , sir nicholas arnold , mr. norton , mr. knivet , mr. mounson , and mr. dalton , either to alter , or add unto the bill ; or else to make new provisoes at their discretions , and to meet at the savoy upon thursday next at two of the clock in the afternoon . on tuesday the th day of april , three bills had each of them one reading ; of which the third being the bill against fugitives , was read the second time , and after many long arguments , was upon the question committed unto sir thomas smith , mr. bell , mr. mounson , mr. thomas snagg , and mr. yelverton , who were appointed to meet in the star-chamber at two of the clock in the afternoon . it was ordered by the house , that a note be made against to morrow of the titles of all the bills offered unto this house , and to be then read , to the end the house may make their choice , with which of them they will first proceed . on wednesday the th day of april , sir robert lane , sir henry gate , mr. henry knolles sen. , mr. astley master of the jewel-house , mr. sands , and mr. wentworth , were appointed to attend the lord of canterbury his grace for answer touching matters of religion . vide apr. . antea , & may . postea at large . the bill for respite of homage was read the second time ; and m r recorder of london , mr. fleetwood , m r sands , and m r baber , were appointed to mend the bill presently . the bill lastly for the subsidy was read the second time . on thursday the th day of april , two bills of no great moment , had each of them one reading , and were ordered to be ingrossed ; of which the second was the bill for conservation of order and uniformity in the church . the note of the titles of the bills being read , it was ordered , that m r treasurer , sir arthur mildmay , sir thomas smith , sir christopher heydon , sir henry gate , sir john thynne , sir nicholas arnold , m r serjeant manwood , m r serjeant lovelace , m r stocks , m r alford , m r yelverton , m r fleetwood , m r norton , and m r dalton , shall be committees for appointing such bills for the common-weal as shall be first proceeded in , and preferred before the residue , but not to reject any ; and are appointed to meet at the star-chamber to morrow at two of the clock in the afternoon . nota , that the appointing of the abovenamed members of the house for the purposes aforesaid , as it is in it self a very rare president , and may prove worthy of often imitation ; so it should seem that the house was induced unto it upon a message sent unto them from the lords by m r treasurer and others on saturday the th day of this instant april foregoing ; by which they advised them to expedite the more publick and necessary bills , and pass by those of less moment . the two bills concerning certain offences to be made treason , were twice read , and upon the division of the house were ordered to be joined together and made one bill , with the difference of thirty six voices upon the said division ; and after long arguing , it was upon the question ordered to be ingrossed . m r sollicitor and mr. doctor huick , came from the lords to demand bills with speed , if any were ready ; and were answered , that within few days their lordships shall receive some . the committees in the bill against fugitives , as also in the bill of bulls , &c. procured from the see of rome , which were committed on monday the th day of this instant april foregoing , were this day appointed to meet in the star-chamber at three of the clock to morrow in the afternoon . on friday the th day of april the bill against usury was read the second time , and ordered to be ingrossed . four bills also had each of them their third reading , and passed the house ; of which the first was the bill for preservation of order and uniformity in the church , and the second for william skeffington esquire . the proviso to the bill of subsidy , for rumney-marsh , was twice read . the bill for respite of homage was read the third time . the proviso to the bill for respite of homage was twice read . the bill for respite of homage was committed to mr. serjeant manwood , mr. serjeant lovelace , mr. wilbraham , and mr. popham , who were appointed to meet this afternoon at three of the clock , and to make report unto this court to morrow next . on saturday the th day of april , a supplication for the merchants of dantzick touching cony-skins , was this day read unto the house , and delivered unto mr. treasurer . the proviso to the bill for fugitives was twice read , and upon the question it was ordered that the bill shall stand as it is , touching the relief of wives and children . and the bill was also ordered to be ingrossed ; with the proviso for the dutchess of feria , and the lady jane dormer widow . the bill against usury was read the third time . five bills were sent up to the lords from the house of commons , of which the first was the bill for conservation of orders and uniformity in the church , and another against popish priests disguising themselves in serving-mens apparel . the bill for keeping residence in cathedral churches was read the first time . mr. henry knolles sen. , mr. strickland , mr. mounson , and mr. yelverton , were appointed to sort the bills for religion , in such order and course for proceeding , one before another , as they shall think meetest . vide may . postea . the bill for shrewsbury was read the third time . the committees in the bill for coming to church and receiving the communion ( whose names see on saturday the th day of this instant april preceeding ) and the committees in the bill for respite of homage ( who were nominated on friday the th day of the same month foregoing ) were appointed to meet this afternoon at two of the clock in the temple church . the second bill for religion was read the second time , and committed unto the lord president of the marches of wales , sir thomas smith , sir thomas scott , mr. attorney of the wards , mr. norton , mr. greenfeild , mr. grimston , mr. smith , mr. fenner , and mr. agmordsam , who were appointed to meet this afternoon at three of the clock in the star-chamber . vide may . postea , what this bill was . the bill for bristol was read the third time , and after long arguing passed upon the question . mr. serjeant barham and mr. sollicitor , brought two bills from the lords , the one for the confirmation of the attainder of the late earls of northumberland , and westmerland , and others , and the other for reviving and continuance of certain statutes . april the th sunday . on monday the th day of april , two bills had each of them their second reading , and were ordered to be ingrossed ; of which the first was the bill for allowance to be made unto sheriffs for the justices diets . two bills also had each of them their third reading , and were likewise ordered to be ingrossed ; of which the first was the bill for coming to church and receiving of the communion . on tuesday the first day of may , two bills of no great moment had each of them one reading ; of which the second being the bill against fugitives was read the third time , and after many arguments , passed upon the question . mr. attorney general and mr. doctor huick , did desire from the lords , that some of this house may attend upon six of the lords to morrow morning for conference touching the bill against priests disguising themselves in serving-mens apparel , which was granted ; and thereupon were appointed for that purpose mr. treasurer , sir thomas scott , sir owen hopton , sir thomas lucy , sir henry jones , mr. serjeant manwood , mr. cleere , mr. thomas browne , mr. norton , mr. yelverton , mr. strickland , mr. mounson , and mr. thomas hussy . mr. serjeant barham and mr. attorney general did desire from the lords , that a convenient number be sent presently unto their lordships from this house for answer touching articles for religion . whereupon my lord deputy of ireland , mr. treasurer and divers others were sent for that purpose , and had with them the four bills last passed , viz. the bill against fugitives , the bill for bristol , the bill for william skeffington , and the bill for shrewsbury : and afterwards returned answer from the lords , that the queens majesty having been made privy to the said articles , liketh very well of them , and mindeth to publish them , and have them executed by the bishops , by direction of her highness regal authority of supremacy of the church of england , and not to have the same dealt in by parliament . nota , that there was in this parliament much and long agitation touching the reforming of several enormities and ceremonies in matters of religion , which now at last the queen took out of the hands of the house , and promised other amendment , as appeareth by the above-mentioned message sent from the lords to the said house ; although the said matters and agitations were not thereupon deserted , but continued in part , as is more at large observed upon thursday the th day of this instant may ensuing , where the whole beginning , progress and issue of this business is at large collected and digested into an orderly relation . the bill for allowance to be made unto sheriffs for the justices diets , was read the third time . m r sollicitor and m r doctor lewes brought from the lords two bills , the one against fraudulent gifts and conveyances , and the other for constats and exemplifications of letters patents to be as good and available as letters patents themselves . the bill of attainder was read the first time . sir henry peircy knight was appointed to be heard in this house , with his learned council , upon saturday next at two of the clock in the afternoon . the bill for constats and exemplifications of letters patents was read the first time . on wednesday the second day of may , five bills of no great moment had each of them their first reading . the bill for leases of benefices ( being the fifth bill of those seven bills preferred this parliament , touching the reformation of matters of religion , and therefore called in the original journal-book of the house of commons the bill e ) was read the second time and ordered to be ingrossed . touching which said bill and matters of religion , see a more full and ample animadversion or declaration on thursday the th day of this instant may ensuing . m r treasurer with the residue of the commissioners having been with the lords about the bill against priests disguising themselves in serving-mens apparel , shewed , that upon conference therein had with the lords , their request is , that some of the said committees might confer with the queens majesties learned councel touching the enlargement and better explanation of some parts of the same bill . whereupon the house liking well of that course of proceeding , it is agreed that the committees for the bill against the untrue demeanors of tellors , receivors , treasurers and collectors , and for the bill against bulls , &c. procured from the see of rome , and such like bills as shall hereafter come from their lordships , needful to be considered or added unto or altered , shall make request unto the lords for conference and privity in that behalf to be had and made with them , as they in the said former bill have used and done towards this house . the bill for respite of homage was committed unto sir walter mildmay , m r serjeant lovelace , m r mounson , m r sampoole , mr. wilbraham , mr. popham , and mr. fenner , to consider of this afternoon at three of the clock at the rolls , and to deliver it again to the house to morrow morning in such sort as now it is , if in the mean time they shall not alter the same , or some part thereof . on thursday the third day of may , three bills of no great moment had each of them one reading ; of which the first being the bill for increase of tillage and maintenance of navigation , was read the first time . the bill for the order of ministers ( being the second of those seven bills preferred this parliament touching the matters of religion , and therefore called in the original journal-book of the house of commons the bill b ) was read the fourth time and passed . touching all which said bills of matters of religion see a more ample and full animadversion or declaration on thursday the th day of this instant may ensuing . the bill for allowance to be made unto sheriffs for the justices diets , was sent up to the lords by mr. comptroller and others . the bill for making peregrine barty free denizen was read three times and passed the house ; as also the bill against usury ; after they had been brought from the lords by mr. sollicitor and mr. doctor vaughan . it was ordered that sir nicholas points knight , one of the knights from the county of glocester , shall have a writ of priviledge for his servant thomas wickham , being attached in the city of london upon two actions of trespass , the one at the suit of christopher temple goldsmith , and the other at the suit of fr. acton grocer . on friday the th day of may , two bills of no great moment had each of them one reading ; of which the second being the bill against licences and dispensations granted by the archbishop of canterbury was read the second time , and committed unto mr. treasurer , sir thomas smith , mr. recorder of london , mr. norton , mr. greenfeild , mr. eglenby , mr. strickland , and mr. yelverton . the bill for fines and recoveries was read the second time , and ordered to be ingrossed . the bill for coming to church , and receiving of the communion , was read the third time , and passed the house . it was ordered that the officer which made the arrest upon sir henry clinton's servants , and also the party that procured the same , do appear here to morrow at ten of the clock in the forenoon . three bills lastly had each of them their second reading , and were thereupon ordered to be ingrossed ; of which the first was the bill for respite of homage , and the last was for south-hampton . on saturday the th day of may , three bills of no great moment had each of them one reading ; of which the first being the bill for the river of welland , was read the second time , and ordered to be ingrossed . the bill for confirmation of attainders was read the second time ; at which time sir henry peircy knight , with mr. fetiplace , being of his learned councel , were present . and wednesday next was given them to be further heard again . the bill for respite of homage was read the third time and sent up to the lords , with the bill for the coming to church and receiving of the communion , by mr. treasurer , mr. comptroller , mr. chancellor of the exchequer , sir thomas scott , sir francis hastings , sir william pawlet , sir john thinne , sir owen hopton , sir henry gate , sir william buts , sir nicholas arnold , sir thomas lucy , sir robert lane , mr. austley , mr. stokes , mr. serjeant lovelace , mr. recorder of london , mr. sampoole , mr. mounson , mr. norton , mr. yelverton , mr. more , mr. henry knolles , mr. carleton , mr. strickland , mr. john hastings , and mr. halliard . on monday the th day of may , three bills of no great moment had each of them one reading ; of which the second being the bill against licences and dispensations granted by the archbishop of canterbury , was read the second time , and ordered to be ingrossed . the bill for leases of benefices , ( being the fifth of those seven bills preferred this parliament touching the reformation of matters of religion , and therefore called in the original journal-book of the house of commons the bill e ) was read the third time and passed the house . touching all which said bills and matters of religion , see at large on thursday the th day of this instant may ensuing . the provisoes to the bill against vagabonds were twice read . three bills lastly of no great moment had each of them one reading ; of which the first , being for the increase of tillage , and maintenance of the navy , was read the third time , and passed upon the question . on tuesday the th day of may , the bill for the maintenance of navigation , was read the second time and committed unto mr. treasurer , sir john s t leger , sir owen hopton , sir richard buckley , mr. holstock , mr. grimston , mr. mohun , mr. john hastings , mr. grice , mr. crownier , mr. wilford , mr. humberston , mr. pelham , mr. lieff , mr. gerby , mr. gaire , mr. downing , mr. norton , mr. popham , mr. strickland , and mr. thornton , who were appointed to meet at the star-chamber to morrow at two of the clock in the afternoon . three bills lastly had each of them one reading ; of which the last being the bill for south-hampton , was read the third time , and passed upon the question . on wednesday the th day of may , the bill for maurice radney esq was read the second time , and ordered to be ingrossed . it was ordered upon a motion made by mr. norton , that upon friday next coming the house do begin to sit at three of the clock in the afternoon , and to continue till five ; and so every monday , wednesday and friday , until the end of this session of parliament ; which time to be imployed only in the first reading of private bills . the bill against promoters was read the second time , and ordered to be ingrossed . the bill to avoid corrupt presentations ( being the fourth bill of those seven preferred this parliament , touching the reformation of the matters of religion , and therefore called in the original journal-book of the house of commons the bill d ) was read the second time , and ordered to be ingrossed . touching which bills and matters of religion , see a more full animadversion or declaration on thursday the th day of this instant may following . the bill against bulls , &c. procured from the see of rome , was read the second and third time , and passed upon the question , with a note containing some additions and alterations , referring to the lines . mr. attorney general and mr. sollicitor , did bring from the lords the former bill of treasons , with a new proviso , and certain other alterations , contained in a paper affiled to the same bill . the new bill against licences and dispensations granted by the archbishop of canterbury , was read the third time , and passed upon the question . two bills lastly of no great moment , had each of them one reading ; of which the second , being the bill for fines and recoveries , with three provisoes , passed upon the question . on thursday the th day of may , the bill against collusions and delays in vouchers was read the first time . the bill touching the commutation of penance by the ecclesiastical judge ( being the last bill of those seven preferred this parliament touching the reformation of matters of religion , and therefore called in the original journal book of the house of commons the bill g ) was read the first time . touching which bill see a more full animadversion or declaration on thursday the th day of this instant may following . the bill for the river of welland , was read the third time , and passed upon the question . the bill for preservation of woods was read the first time , and committed unto sir nicholas arnold , sir george bowes , sir thomas scot , mr. humberson , mr. moore , mr. gayer , mr. wightman , mr. sampoole , mr. winchcomb , mr. robert snagg , mr. roper , mr. cowper and mr. fenner , who were appointed to meet at the temple church at two of the clock this afternoon . vide may . postea . nine bills were sent up to the lords from the house of commons by mr. treasurer and others ; of which one was the bill for fines and recoveries , and another for the river of welland . the provisoes to the bill against vagabonds were twice read and committed to mr. atkins and others . two bills also of no great moment had each of them one reading ; of which the second being the bill for lestwithiell , was read the second time and ordered to be ingrossed . forasmuch as thomas long gent. , returned one of the burgesses for the borough of westbury in the county of wilts for this present parliament , being a very simple man and of small capacity to serve in that place , did this day in open court confess , that he did give to anthony garland mayor of the said town of westbury , and unto one ..... wats of the same town , the sum of four pound , for that place and room of burgesship ; it was ordered by this house , that the said anthony garland and the said wats shall forthwith repay unto the said thomas long the same sum of four pound , and also that a fine of twenty pound be assessed upon the said corporation or inhabitants of the said town of westbury for the queens majesties use , for their said lewd and slanderous attempt . and that the said thomas long , his executors and administrators shall be discharged against the said anthony garland and ..... wats , their heirs , executors and administrators , of and from all bonds made by the said thomas long to any person or persons touching the discharge of the exercise of the said room or place of burgesship in any wise . mr. sollicitor and mr. doctor vaughan pray from the lords , that some members of this house may be presently sent to confer with their lordships , touching the bill of attainders , and the bill against bulls , &c. whereupon were sent unto them mr. heneage , sir thomas smith , sir john thynne , sir nicholas arnold , sir christopher haydon , mr. recorder of london , mr. sampoole , mr. popham , and mr. alford . on friday the th day of may , it was ordered that a pursuivant be sent with letters from this house unto anthony garland mayor of the town of westbury in the county of wilts , and ..... wats of the same town , for their personal appearance forthwith to be made in this house ; and also to bring with them all such bonds , as thomas long gentleman , lately returned one of the burgesses for the same town , standeth bound in unto them , or either of them , or unto any other to their use . and also to answer unto such matters as at their coming shall be objected against them by this house . the bill against exactions of collectors of the tenths of the clergy was read the first time . the bill against perjury in clarks convict , and the bill for the continuance of the severance of sheriffs in sundry shires , were each of them twice read , and ordered to be ingrossed . two bills also of no great moment had each of them one reading ; of which the first , being the bill for severance of the sheriffs in the counties of norfolk and suffolk , was read the second time , and ordered to be ingrossed . all the privy-council being members of this house . sir henry morrice , sir thomas scot , sir john thynne , mr. attorney of the dutchy , mr. attorney of the wards , mr. serjeant manwood , mr. stokes , mr. bell , mr. mounson , mr. thomas snagg , mr. telverton , mr. norton , mr. dalton , and mr. rugby , were appointed to consider amongst themselves this afternoon , at the star-chamber , touching the bill of treasons , and then afterwards with the lords upon further appointment . vide plus de ista materia on thursday the th day of april foregoing . two bills lastly had each of them one reading ; of which the second being the bill for morrice rodney esq was read the first time and passed upon the question . post meridiem . in the afternoon ten bills had each of them one reading ; of which the fourth , being the bill for the maintenance of the havens of plymouth and dartmouth , &c. and the fifth against the usurpation of tinners in the county of devon , were each of them read the first time , and thereupon committed to sir john st. leger , and others . nota , that these two bills were committed upon the first reading , which is not usual until the second . vide may . on saturday the th day of may , the bill for the haberdashers was read the second time , and rejected upon the question . the bill for residence of pastors ( being the third bill of those seven preferred this parliament touching the reformation of matters of religion , and therefore called in the original journal-book of the house of commons the bill c ) was read the first time . touching all which said bills and matters of religion , see on thursday the th day of this instant may following . the bill for maintenance of navigation , was read the third time , and passed the house . seven bills were sent up to the lords from the house of commons ; of which one was the bill against usury , and another touching morrice rodney esq . the bill of jeofails was read the second time , and committed unto mr. serjeant manwood , mr. thomas snagg , mr. sampoole , and mr. cromwell . the bill against exactions of collectors of the tenths of the clergy was read the second time , and ordered to be ingrossed . the bill for the payment of tithes , was read the first time and rejected upon the question . may the th sunday . on monday the th day of may , the bill for not returning in juries persons of the queens majesties houshold , was read the second time , and committed unto mr. treasurer , sir john thinne , mr. cofferer , mr. brown , mr. more , and mr. ferrers . the bill for residence of pastors ( being the third of those seven bills preferred this parliament touching the reformation of matters in religion , and therefore called in the original journal-book of the house of commons the bill c ) was read the second time and ordered to be ingrossed . touching which bill and matters of religion see a more full animadversion or declaration on thursday the th day of this instant may following . the bill against vagabonds , and the first bill for preservation of wood , were ordered to be ingrossed . the bill for conveyances and assurances of lands to be made without covin , was read the second time , and committed unto mr. recorder of london , mr. marsh , mr. stanhop , mr. grice , mr. sampoole , mr. norton , mr. alford , and mr. dalton , who were appointed to meet in the temple church at two of the clock this afternoon . mr. sollicitor and mr. attorney brought from the lords four bills ; of which the two last were , one for the restitution in blood of the children of sir thomas wyat , and the other for the assurance of the jointure of the lady barkley . three bills had each of them their third reading , and passed upon the question ; of which the last was the bill against the exaction of collectors of the tenths of the clergy . the bill lastly , for severance of the sheriffs in the counties of bedford and buckingham , were read the second time , and thereupon ordered to be ingrossed . post meridiem . four bills of no great moment had each of them one reading ; of which the first being the bill concerning hospitals , and the third for planting of hops , were each of them read the first time ; and the second , being the bill against great hosen , was read the first time , and committed unto sir christopher heydon , sir william buts , mr. stokes , mr. moore , mr. warncomb , mr. st. john , mr. gare , mr. humberston , mr. layton , and mr. sackerston . which is the rather to be observed , in respect , that this bill was committed upon the first reading , which is not usual until the second ; of which there were three like presidents , viz. one on thursday the th day , and two on friday the th day of this instant may foregoing . the bill for making of william watson a free denizen was twice read ; and the bill lastly for leverpool was read the first time . on tuesday the th day of may , the bill against wednesdays was read the first time . the bill touching the commutation of penance by the ecclesiastical judge ( being the last of those seven bills preferred this parliament touching the reformation of matters of religion , and therefore called in the original journal-book of the house of commons the bill g ) was read the second time , and ordered to be ingrossed . touching which bill and matters of religion see more at large on thursday the th day of this instant may following . three bills also of no great moment had each of them one reading ; of which the last being the bill for confirmation of attainders was read the third time , and passed the house . the proviso for the countess of cumberland and others to the bill for confirmation of attainders , was thrice read : and further ordered by the house , that the saving for sir henry peircy knight , shall be placed in the book before the general saving , without any alteration or change of any word or words at all . the bill for confirmation of attainders , with the other last passed , were sent up to the lords from the house of commons by m r treasurer and others . the bill for the restitution in blood of the children of sir thomas wyat knight , was read the third time . the bill lastly for the continuance of the severance of sheriffs in sundry shires , was read the third time , and passed upon the question . on wednesday the th day of may , the bill against wednesdays , was read the second time and ordered to be ingrossed . the new bill against great hosen , and a new bill of jeofails , were each of them read the first time . m r attorney general and m r doctor vaughan brought from the lords the bill for confirmation of attainders , for mending of an indorsement . three bills of no great moment had each of them one reading ; of which the third being the bill against collusions and delays in vouchers , was read the second time , and ordered to be ingrossed . m r attorney general and m r doctor huick did require from the lords to have the committees in the bill for treasons presently sent to them for conference . the bill for residence of pastors ( being the third of those seven bills preferred this parliament touching matters of religion , and therefore called in the original journal-book of the house of commons the bill c ) was read the third time , and upon the division of the house dashed . m r doctor huick and mr. doctor yale , did bring from the lords a bill against bankrupts , with commendations for the expediting thereof . post meridiem . in the afternoon the bill for search of fairs of maidston in kent , was read the first time . mr. sollicitor and mr. doctor huick brought from the lords the bill against bulls , &c. and the bill for treasons , both reformed , as appeareth in several papers annexed , containing the places and words of amendments . seven bills of no great moment had each of them one reading ; of which the fourth being a new bill for the maintenance of the havens of plymouth and dartmouth , &c. was read the second time . on thursday the th day of may , two bills of no great moment had each of them their second reading , and ordered to be ingrossed ; of which the second was the bill against clothworkers . the bill against cloth-workers was read the second time , and ordered to be stayed . sir walter mildmay , sir thomas smith , mr. serjeant lovelace , mr. bell , mr. mounson , mr. popham , mr. sampool , mr. sands , and mr. yelverton , were appointed to have conference with the lords touching the bill for respite of homage , in the outer chamber of the upper house at two of the clock this afternoon . the bill for sewers was read the first time . the bill against bulls , and the bill for treasons were upon the question absolutely passed with all the additions and amendments . the bill also against wednesdays , and the bill against collusion and delays in vouchers , were each of them read the third time , and passed the house . the bill touching the commutation of penance by the ecclesiastical judge ( being last of those seven bills preferred this parliament touching reformation of matters of religion , and therefore called in the original journal-book of the house of commons the bill g ) was read the third time and passed . because the great matter touching religion and church government ( of which the passing of the aforesaid bill is the last passage mentioned in the original journal-book of the house of commons ) was so religiously begun by the said house in the former sessions of parliament , in an. regin . eliz. and so zealously prosecuted in this present parliament de an . regin . eliz. therefore it shall not be amiss here to set down at large , once for all , the whole proceeding of the same , although all in the issue was dashed by her majesty , perswaded unto it ( as it should seem ) by some sinister counsel . the first step therefore unto this business , was upon thursday the th day of december in the said former session of parliament in the said eighth year of her majesty , when the bill with the articles printed . for sound christian religion had its first reading ; which in the original journal-book of the house of commons in this present parliament is always called the bill a , and in the margent of the said journal in an . . the said letter a is expressed over against the title of the said bill . a second step then followed in this their intended reformation upon friday the th day of december in the said session de an . regin . eliz. when all these bills following had each of them their first reading , being there inserted in manner and form following , the words only [ the first reading ] being added instead of the figure or number [ . ] set down in the margent . b. the bill for the order of ministers , the first reading . c. the bill for residence of pastors , the first reading . d. the bill to avoid corrupt presentations , the first reading . e. the bill for leases of benefices , the first reading . f. the bill for pensions out of benefices and leases of benefices , the first reading . all which several bills are no otherwise stiled in the original journal-book of the house of commons in this present parliament , than the bill b , the bill c , &c. and therefore without recourse to the aforesaid journal of the same house in an . isto praedicto regin . eliz. it could not have been possibly herein understood what had been intended thereby . which last mentioned five bills had no further progress in the said session of parliament , by reason that it was dissolved soon after on thursday the second day of january , but only the first before-cited bill , called the bill a , had its second reading on thursday the th day , and its third and last reading on friday the th day of december in the same session . after which the said bills so rested until the beginning of this present parliament in an . regin . eliz. when upon friday the th day of april foregoing these six bills foregoing were again presented to the house ; and a seventh bill also , as is very probable , which was not at all read in the aforesaid last session in an. regin . eliz. which was the bill read the third time this present day , touching the commutations of penance by the ecclesiastical judge , and is always stiled in the original journal-book of the house of commons the bill g. and thereupon all the said seven bills touching religion were referred to committees to consider of them . and on the day following , being saturday , and the seventh day of the same month , the said bills were read . the first bill of them stiled the bill a , was delivered to the foresaid committees , or commissioners , and the residue appointed to remain in the house , and that to stand for no reading of any of them . which great caution doubtless the house of commons did the rather observe in their proceeding with these bills touching the reformation of matters of religion and church government , because they desired her majesty might the more graciously interpret their endeavours , and give way to the passing of the said bills . to which purpose also the house appointed two of their members before their rising that very day , to have their furtherance also for the same ; who returned their answer on thursday the th day of the same month , and advised the house of commons to pray a conference with the lords for that purpose ; which was accordingly had in the afternoon of the same day . and that day also the second of the said seven bills , stiled the bill b , had its first reading , and was read the second time on saturday the th day of april , and the third time on monday the th day of the same month. on the morrow after the foresaid th day of april , being the th day of the same month , and wednesday , the bill d had its first reading , being the fourth of the aforesaid seven bills touching religion : and on wednesday the th day of may its second reading . and on saturday the th day of may the bill c , being the third of the said seven bills , had its first reading , and its second reading on monday the th day , and its third reading on wednesday the th day of the same month. the bill e also , being the th of the said seven bills , had its first reading on friday the th day of april , its second on wednesday the second day , and its third on monday the th day of may. for the bill f it appeareth not by the original journal-book of the house of commons , that it was at all read , although it concerned pensions out of benefices , and leases of benefices . for the bill g lastly , which was the seventh of the aforesaid bills touching religion , it had its first reading on thursday the th day of may ; its second on tuesday the th , and the third on this instant thursday , being the th day of the same month , as is before set down . although it is to be observed , that some of the readings of the aforesaid bills are omitted upon some of the said days as matters of no great moment . of which bills also there was some treating on wednesday the th day , and on saturday the th day of april foregoing . but her majesty on thursday the first day of may , by the lords of the upper house , declared unto the committees of the house of commons , who afterwards declared it to the house it self , that she approved their good endeavours , but would not suffer these things to be ordered by parliament . notwithstanding which message , as appeareth by the reading of some of the said seven bills afterwards , the house of commons still proceeded , and having passed two of the said bills , viz. the bills b and c , on wednesday the th day of may foregoing , and the bill g this present thursday , as is aforesaid , they sent them up to the lords by m r comptroller and others , as soon as the said bill g had passed the house . all the bills last passed except that for severance of sheriffs of sundry shires , were sent to the lords by m r comptroller and others . three bills lastly of no great moment had each of them one reading ; of which the second being the bill against great hosen , was read the second time and committed . on friday the th day of may , two bills of no great moment had each of them one reading ; of which the first being the bill for the free grammar-school in southwark , was read the second time , and ordered to be ingrossed . the bill against great hosen was read the third time , and upon the division of the house , with the advantage of one man , it was ordered that the clause for disabling the wearer to prosecute or commence any suit , shall be allowed to be in the bill in manner and form as in the bill is contained . the bill for the preservation of woods , &c. was read the third time , and upon the division of the house passed . post meridiem . this day in the afternoon eleven bills of no great moment had each of them their first reading ; of which the first was the bill for the free-school of bletchingly , and the second for john tirrell . on saturday the th day of may , the bill against the bringing into this realm of foreign wares forbidden , was twice read , and ordered to be ingrossed . two bills also of no great moment had each of them one reading ; of which the first , being the bill for the twelve shires of wales , was read the second time ; but no mention is made that it was either referred to committees or ordered to be ingrossed , which is usual upon the second reading . m r doctor lewes and m r doctor yale , did bring from the lords seven bills , whereof one was to license the earl of leicester to found an hospital ; another for the restitution in blood of henry brereton esq ; another against fraudulent gifts to defeat dilapidations ; another against corrupt presentations to benefices ; another against simony ; another for the river of welland , and another for the coming to church , and receiving the communion . all which bills are particularly transcribed , in respect that the sending down of them to the house of commons is wholly omitted in the original journal-book of the upper house . the bill for preservation of wood , and the bill against vagabonds were sent up to the lords by m r treasurer , and others . mr. doctor lewes and mr. doctor yale brought from the lords three bills ; one against fugitives , another for southampton , and another for confirmation of a subsidy of the clergy . all the privy-council being of this house , my lord president , sir nicholas arnold , sir owen hopton , mr. stokes , mr. mounson , mr. bell , mr. yelverton , sir francis hastings , sir henry knolles sen. , mr. edward hastings , mr. strickland , mr. carleton , mr. more , mr. norton , and mr. dalton , were appointed to confer with the lords touching the lords bill , for coming to church and receiving of the communion . may the th sunday . on monday the th day of may the bill for confirmation of the subsidy granted by the clergy was read three times . the bill also for reviving and continuance of certain statutes , was read the second time ; but no mention is made that it was either ordered to be ingrossed or referred to committees , as was only this day a bill against bankrupts . it was this day ordered , that the court do from henceforth every day during this sessions sit in the afternoon , and proceed as well to the second reading of bills as to the first . the proviso to the bill for reviving and continuance of statutes , and the proviso to the bill against buying of the wares for apparel without ready money , were each of them twice read . the bill for the twelve shires of wales , was ordered to be ingrossed . the bill for limitation of the subsidy of the clergy was sent to the lords by mr. comptroller and others . the bill against bankrupts was read the second time . nota , that this bill having formerly passed the upper house , was sent down from them to the house of commons on wednesday the th day of this instant may foregoing ; and therefore now upon the second reading , is neither ordered to be ingrossed , nor referred to the committees : for it being sent down fairly ingrossed in parchment from the said house after it is passed , unless the bill be wholly dashed , or much altered , it shall need no other ingrossing . and for referring a bill to committees , it is chiefly for amendment or alteration thereof , after it hath been penned , and put into the house by some one or more private men . but when a bill hath once passed the upper house , in which besides the lords the greater part of the judges of the realm are commonly assistants , there shall need no consideration thereof either for addition or mutation ; for either house doth ever , for the most part , shew it self so careful to keep firm correspondency with the other , as that when a bill hath passed either of the said houses and is sent to the other , it doth for the most part pass , and is neither dashed , nor altered , without very great cause upon mature deliberation , and usually also not without conference desired , and had thereupon ; that so , full satisfaction may be given to that house from which the bill so rejected , or altered was sent . of which the presidents are so frequent in every journal of her majesties reign , as there shall need no further reference or citation . mr. doctor lewes and mr. doctor vaughan , brought from the lords three bills ; one for pastors to be of sound religion ; another that no hoyes or plate shall cross the seas , and another that no purveyor shall take any victuals within five miles compass of the universities of oxford and cambridge . mr. treasurer , sir christopher heydon , sir henry gate , sir valentine brown , mr. hawkins , mr. grice , mr. holstock , mr. langley , mr. humberston , mr. holliard , mr. sampoole , mr. boynton , mr. palmer , mr. grimston , mr. hassett , and mr. vaughan , were appointed to confer this afternoon with the lords touching the bill for increase of tillage and maintenance of the navy . three bills of no great moment had each of them their third reading , and passed the house ; of which the first was the bill for the free grammar-school of southwark . the bill that no hoy or plate shall cross the seas , was read the first time . post meridiem . in the afternoon five bills of no great moment had each of them their second reading , and were ordered to be ingrossed ; of which the first was the bill for the removing of the grammar-school from laughton to gainsborough . the bill to license the earl of leicester to found an hospital ; and the bill for restitution in blood of henry brereton esq , were each of them read twice , being the first and second time . the bill against fraudulent gifts to defeat dilapidations , was read the first time . the bill lastly , for the restitution in blood of the children of sir thomas wyat knight , and the bill for the severance of the counties of huntington and cambridge , were each of them read the second time : but neither ordered to be ingrossed , nor referred to committees , because they had been sent from the lords . on tuesday the th day of may , two bills of no great moment had each of them one reading ; of which the first , being the bill for john tirrell esq , was read the second time , and ordered to be ingrossed . mr. doctor lewes and mr. doctor yale brought from the lords two bills ; one against the untrue demeanours of tellors , receivors , treasurers , and collectors ; and another for treasons newly written , and truly examined by the former book thereof lately passed this house , to the end the same may likewise be examined by this house , and so then pass accordingly . m r doctor vaughan and m r doctor yale , did pray from the lords that this house would send unto them such bills as are already passed this house , for that their lordships do tarry for them : and thereupon five bills were sent unto them , by m r chancellor of the dutchy and others ; of which one was the bill for the river of welland . the bill for coming to church and receiving the communion , was ordered upon the question to be general as to the body thereof . post meridiem . in the afternoon the bill against taking of any grain or victual within five miles compass of the universities of oxford and cambridge , was read the first time . m r attorney general and m r doctor haick , brought from the lords a bill against the oppression of common promoters . four bills lastly of no great moment had each of them one reading ; of which the first , being the bill against fraudulent gifts and conveyances for defeating of dilapidations , and the third for sewers , were each of them read the second time : but no mention is made that they were either ordered to be ingrossed or referred to committees , because they had been sent from the lords . on wednesday the th day of may , five bills of no great moment had each of them their third reading , and passed the house ; of which the first was the bill for the paving of the street without aldgate . the bill that no hoy or plate shall cross the seas , was read the second time , but neither ingrossed nor committed , because it had been sent from the lords . two bills also had each of them their third reading ; of which the second was the bill for the removing of the grammar-school from laughton to gainsborough . all these bills which passed this day , were sent up to the lords by m r treasurer and others . m r attorney general and m r richard read , did bring word from the lords , that their lordships prayed conference with some of this house , touching the bill for preservation of timber and woods , the bill against vagabonds , and the bill for continuance of statutes : whereupon were sent unto them the former committees in the bill for coming to the church , and receiving the communion , whose names see on saturday the th day of april foregoing . three bills lastly had each of them their third reading , and passed the house ; of which the second was the bill for restitution in blood of the children of sir thomas wyat knight . post meridiem . in the afternoon six bills of no great moment had each of them one reading ; of which the first being the bill for the jointure of the lady berkley , and the fifth against taking of any grain or victual within five miles compass of the universities of oxford or cambridge , were each of them read the second time ; but neither ordered to be ingrossed , nor referred to committees , because they had been formerly sent from the lords . on thursday the th day of may , the bill against the untrue demeanors of tellors , receivors , treasurers and collectors , was read the second time ; but neither ordered to be ingrossed nor referred to committees . vide consimile may the th tuesday foregoing . the bill for sewers was read the third time , and a proviso added to the said bill was thrice read ; whereupon the bill passed the house . the bill also against bankrupts , and the bill that no hoyes nor plate shall cross the seas , were each of them read the third time , and passed the house . all the bills which last passed the house were sent to the lords by m r treasurer and others . the bill for the reviving and continuance of statutes was read the third time . m r serjeam barham and m r doctor huick , did bring from the lords a bill for bringing the river of lee to the north-side of the city of london . m r doctor lewes and m r doctor yale , did bring word that the lords pray present conference with three or four of this house , touching the amendments of the bill for coming to church and receiving the communion ; and thereupon were sent m r treasurer and others . the bill for not paying for wares sold for apparel without ready money , was upon the question ordered to be rejected , and not to be revived or any longer continued . the bill for carrying out of leather beyond the seas , was likewise upon the question ordered to be rejected or discontinued . post meridiem . in the afternoon two bills of no great moment had each of them their third reading , and passed the house ; of which the first was the bill for restitution in blood of henry brereton esq . the bill for maintenance of tillage was upon the question ordered to be revived and continued in such sort as in the bill for the reviving and continuance of statutes is contained . the proviso to the bill against regrators , forestallers and ingrossers mentioned in the said bill of reviver , was read the third time , and passed the house . an addition to the old former statute for preservation of woods , was read the second time . mr. doctor yale and mr. doctor vaughan , brought from the lords two bills ; the one for coming to church and receiving the communion , and the other for the severance of the sheriffs in the counties of bedford and buckingham , with some amendments : and did also require , that six of this house may presently confer with the lords touching the bill against bankrupts . the bill for reviving and continuance of certain statutes was passed upon the question with some additions and some substractions . on friday the th day of may , mr. treasurer , mr. chancellor of the exchequer , sir thomas scott , sir henry morrice , mr. serjeant manwood , mr. mounson , mr. norton , mr. alford , mr. cromwell , mr. thomas snagg , mr. bedle , mr. nicholas s t leger , and mr. sands , were appointed to have conference with the lords touching the bill against fugitives . the bill against taking of any grain or victuals within five miles of the city of london , was read the third time and passed the house . mr. attorney general and mr. doctor vaughan brought from the lords three bills ; one for the incorporation of both the universities ; another for the incorporation of weymouth and melcomb regis in the county of dorset ; and another for the increase of tillage , and maintenance of the navy ; with recommendations from the lords of the bill against taking of any grain or victual within five miles compass of the universities of oxford or cambridge , like as their lordships had done on their parts upon like request of this house in the said bill concerning tillage and the navy . mr. attorney general and mr. doctor huick brought word , that the lords pray conference with some of this house at two of the clock this afternoon , touching the bill for the twelve shires of wales , and also present report of the committees of this house , touching the bill against bankrupts . my lord deputy of ireland , mr. comptroller , sir nicholas arnold , mr. attorney of the dutchy , sir henry jones , sir george blunt , mr. william gerrard , and mr. bassett , were appointed to attend upon the lords touching the bill of the twelve shires of wales . the bill against the taking of any grain or victual within five miles compass of the universities of oxford and cambridge , being a bill sent from the lords , and specially recommended from them , having at the third reading thereof an addition or amendment in paper upon the question affiled unto it , the said addition or amendment then having been but once read , the bill was put to the question , and the house thereupon divided ; and afterwards the error aforesaid being found , it was after sundry motions ordered upon another question , that the said addition or amendment being three times read , the bill should go to the question again ; which being so done , the bill afterwards passed upon the division of the house accordingly . post meridiem . in the afternoon the bill for the maintenance of the havens of plymouth and dartmouth , &c. was read the third time , and passed the house . sir thomas smith , sir william pawlet , sir francis hastings , mr. heneage , mr. recorder of london , mr. stokes , mr. thomas browne , mr. hussy , mr. john hastings , mr. thomas snagg , mr. strickland , and mr. s t john , were appointed to have conference with the lords touching the bill against corrupt presentations . the bill for the incorporation of the towns of weymouth and melcomb-regis , and the bill for the increase of tillage and maintenance of the navy were each of them twice read . mr. comptroller , sir christopher haydon , sir thomas russell , sir william pawlet , sir nicholas arnold , sir henry gate , mr. baynton , mr. grice , mr. strickland , mr. seckerson , mr. cleere , mr. john horsey , mr. stanhop , mr. hasset , mr. edgcomb , and mr. laton , were appointed to ..... and here the whole matter breaks off abruptly in the original journal-book of the house of commons , through the negligence of fulk onslow esq clerk of the same : but it is most probable , that these committees were nominated in the bill last before-mentioned , upon the first and second reading thereof . on saturday the th day of may , the bill for the river of lee was read the first time and referred to be considered of by m r comptroller of the dutchy , m r wilson , the master of requests , sir henry gate , sir john white , m r moore , m r holstock , m r grimston , m r baghe , m r robert north , m r henry cock , m r dacre , m r norton , m r humberston , and m r bowyer . the bill against the untrue demeanors of tellors , receivors , treasurers and collectors , was read the third time and referred to be considered of by m r treasurer , m r chancellor of the exchequer , sir nicholas arnold , sir humphrey gilbert , m r heneage , m r recorder of london , mr. sampoole , mr. humberston , mr. bedle , mr. norton , mr. ireby and mr. thomas brown. the bill for incorporating of both the universities of oxford and cambridge , was twice read . mr. doctor lewes and mr. doctor huick , brought from the lords one bill touching the limitation , reviving and continuing of statutes . the bills which lastly passed in this house , were sent to the lords by mr. comptroller and others . the bill for the incorporating of the towns of weymouth and melcomb-regis , was read the third time and passed the house . post meridiem . in the afternoon mr. doctor lewes and mr. doctor vaughan , brought from the lords one bill touching the limitation of fees for councellors and others towards the law , which was specially recommended from the queens majesty . mr. doctor yale and mr. doctor vaughan , brought from the lords the said former bill indorsed , for that the same was delivered without indorsement . mr. sollicitor and mr. doctor yale did desire from the lords , that six of this house be presently sent unto them of those which did yesterday confer with their lordships touching the bill against fugitives . four bills lastly of no great moment had each of them one reading ; of which the second being the bill for increase of tillage , and maintenance of the navy , was read the third time and passed upon the question . may the th sunday . on monday the th day of may , the bill for the jointure of the lady berkley , was read the third time , and passed the house . the provisoes to the bill for the river of lee , were thrice read and passed with the bill upon the question , and sent up to the lords by mr. chancellor of the dutchy and others . the proviso to the bill for the jointure of the lady berkley was thrice read and passed with the bill upon the question , and sent up to the lords by mr. treasurer and others . sir richard read and mr. doctor vaughan , brought from the lords the bill for john tirrell esquire , with certain amendments . mr. doctor lewes and mr. doctor huick brought word , that the lords desire to have six of this house to confer with them presently touching the severance of the sheriffs in the counties of surrey and sussex . whereupon mr. thomas brown , m r moor , m r palmer , m r comper , m r morley , and m r bowyer , were appointed and sent to them accordingly . m r doctor lewes and m r doctor yale , did desire from the lords to know the mind of this house , whether this house can be contented to leave surrey and sussex out of the bill for severance of sheriffs , if there lordships shall so think meet : which being opened to the house , it was upon the question ordered , that they shall be left out , if the lords so will. all the privy-council being members of this house , sir nicholas arnold , sir thomas scott , sir thomas lucy , sir humphrey gilbert , m r recorder of london , m r mounson , m r yelverton , and m r robert north were , upon some speeches uttered to this house , that some of the members of this house should take money for their voices , appointed to meet this afternoon in the star-chamber , and to examine what persons , being members of this house , have taken any fees or rewards for their voices , in the furtherance or hinderance of any bills offered in this house , and then afterwards to make report of the particularities thereof unto this house accordingly . vide the residue of this business on the next day following . post meridiem . in the afternoon the bill for shooting in hand-guns and harquebuses , was read the second time and ordered to be ingrossed . m r doctor lewes and m r doctor huick , brought from the lords the bill against untrue demeanors of tellors , receivors , treasurers and collectors , with a new proviso ; and the bill for severance of sheriffs in sundry counties , surrey and sussex being left out . the bill for councellors fees was read the third time . m r doctor huick and m r doctor vaughan , brought from the lords the bill for the river of lee , with some additions and amendments . sir walter mildmay , sir thomas smith , sir john thynne , m r wilson , master of the requests , m r heneage , m r recorder , m r mounson , m r yelverton , and m r bembrick , were appointed to meet here in the chamber to morrow in the morning at seven of the clock , to consider of the bill for councellors fees. on tuesday the th day of may , m r serjeant barham and m r doctor huick , brought from the lords the bill of the queens majesties general and free pardon . the committees for examination of fees or rewards taken for voices in the house reported , that they cannot learn of any that hath sold his voice in this house , or any way dealt unlawfully or indirectly in that behalf , and thereupon m r norton declaring , that he heard that some had him in suspition , justified himself , and was upon the question purged by the voice of the whole house , and their good opinion of him , and of his honest and dutiful dealing and great pains taking in the service of this house , were in very good and acceptable part declared and affirmed by the like voice of the whole house . the bill for shooting in hand-guns and harquebuses , was read the third time and passed the house . and the bill also for the queens majesties most gracious and free pardon was read . post meridiem . in the afternoon the bill for councellors fees ( the third reading being yesterday accomplished ) was now passed upon the question . all the bills passed were sent up to the lords by m r treasurer and others . after which the manner of the conclusion of the parliament is entred in the original journal-book of the house of commons verbatim as followeth : about four of the clock this afternoon the queens majesty being set in her royal seat in the upper house , m r speaker made his oration , presented unto her highness the book of the subsidy , and in the name of the whole house gave her majesty most humble thanks for her highness general and free pardon ; and prayed her majesties royal assent unto such acts and laws as had passed both the houses in this sessions . whereupon her highness gave her royal assent unto forty one acts , and so dissolved this present parliament . the journal of the house of lords . the journal of the passages of the house of lords , in the parliament bolden at westminster , an. reginae eliz. a. d. , which began there on thursday the th day of may , and then and there continued until the adjournment thereof on monday the th and last day of june next ensuing . this session of parliament held in an. reginae eliz. although it lasted no long time , yet it containeth in it a great deal of extraordinary matter touching the proceeding of the house in the business of the scottish queen ; and towards the conclusion thereof touching the priviledge of the members of the same : and that which doth yet somewhat the more enlarge and beautifie it , is the addition of sir nicholas bacon's speech , being the lord keeper of the great seal , on the first day of this session . but howsoever this said session were in it self short in continuance , yet considering the two other following sessions , which with it made but one and the same parliament , and that the longest of any in this queens time , it will not prove unworthy ( although the aforesaid extraordinary passages wanted ) of a careful and methodical setting down . for the second session being held in an. regin . eliz. and the third and last session in an. regin . ejusdem , it was continued by many adjournments and prorogations ( although the house sate but a part of the time ) until the final dissolution thereof upon the th day of april in an. reginae praedictae , after it had lasted about the space of eleven years . on thursday the th day of may , according to the writ of summons that had been sent forth dated at greenwich the th day of may , in the fourteenth year of the queen , the parliament held . nota , that the writ of summons is set down in the original journal-book of the upper house to have born date the th day of may in this fourteenth year , and the parliament to have begun on the th day of may in the same year of the queen , but three days after the writ of summons it self , which is impossible ; and it is plain , that the day of the beginning of the parliament cannot be mistaken , because according to that all the other days through the whole journal-book do follow in due form and order : and therefore it is very probable , that the date of the writ is set down contrary to the originals themselves , which were dated the th day of march , and that the clerk might mistake . this is likewise very conjecturable in respect that the name of the month being set down and perhaps abbreviated , it was easily written may for march , and so this incongruity is only the slip and error of the clerk. the queens majesty was doubtless present her self this day in the upper house , and was attended by sir nicholas bacon lord keeper of the great seal , and divers lords spiritual and temporal ; but in the journal-book of the upper house there is no mention made who were present this day , only it may be guessed by the names of such as the said original journal-book setteth down to have been present on monday the th day of this instant may following , which is the first day on which the presence of any lords is marked , according to the usual form by the clerk of the parliament . neither can it possibly be collected or gathered by the original journal-book of the upper house , or house of commons , whether her majesty was present or no. for as concerning the journal of the house of commons it appeareth only , that divers of the knights , citizens and burgesses of the said house of commons did this day take the oath in that case accustomed . and therefore the chief ground i had to conclude that her majesty was this day personally in the upper house , was a copy i had by me of the lord keepers speech made there this day in the publick assembly of both houses , in the end of which he gives direction to the house of commons to elect their speaker ; which shews also that the said speech in divers copies thereof is falsly attributed to the eighteenth year of her majesty , which was but the second session of this parliament , and no speaker elected in it ; and therefore this error seemeth only to have grown through the fault of transcribers and the ignorance of such as suffered so groundless an error to stand . the said speech therefore of the lord keeper , pronounced by her majesties commandment , was as followeth , viz. the queens majesty , our most dread and gracious soveraign lady , hath given me commandment to declare unto you the causes of the summons of this assembly for a parliament to be holden here at this time ; wherein albeit i mean to imploy my whole endeavour to the uttermost of my power and understanding , yet i must needs confess , that neither shall you have it done as the majesty of this presence , neither as the gravity of the cause requireth it to be done . and yet the often experience that i have divers and sundry times had of the queens majesties great benignity and gentleness in bearing with and well accepting the doings of those that to her service put their good wills and diligences ; and besides all , the proof of your patience in the like matter hath so much encouraged me , that ( as i trust ) it shall be done although not cunningly nor eloquently , yet plainly and truly , so as it may be well understood and easily born away , and therewith also as briefly as the greatness of such a matter will suffer . true it is , the original and principal cause is , that things there propounded may be orderly and diligently debated , deeply considered , and thereupon wisely concluded . and to the end also that those conclusions so made , the rather for such an universal consent as in parliament is used , remain firm and stable . now the matters that are in this parliament to be proved , do consist altogether in two parts . the former is in matters of religion , for the better maintenance of gods honour and glory . the second in matters of policy , for the more perfect upholding and establishing of the queens majesties royal estate , and the preservation of the common-weal committed to her charge . the causes of religion are again to be divided into two , that is into matters of doctrine and discipline . the thing of policy i mean also to part into other two , that is , into matter concerning the good government of the subjects at home , and into causes of defence against the enemy abroad . and thus by this process you see you are , as indeed you ought , first , to consider in this your assembly of gods cause , which faithfully , sincerely and diligently done , like as it cannot but bring success to all the rest , so likewise lukewarm , deceitful and double-dealing therein cannot but breed , nourish and bring forth factions , divisions , seditions , &c. to the great peril and danger of all the rest . and the greater that the personages be in authority and dignity that thus deal , the greater of necessity must be the danger of the common-weal . and because gods law and doctrine being the first law and branch must light upon our selves that ought to take the benefit of it , as first and chiefly upon ministers of this doctrine , either for not preaching and teaching by word and example of life so purely and reverently as they might , or else not so diligently as they were bound . and secondly upon us for not hearing it so desirously , or else hearing it and forgetting it , or not following it so effectually as we should . thirdly , for that many of us of the laity do not yield and give that estimation , countenance and credit to the ministers of his doctrine which of right they ought to have , and that many greatly hurt the setting forth of it : for this one thing may be holden firm by the rules of good government , that all officers both spiritual and temporal that have governance , during the time of their offices , ought to be preserved in credit and estimation . for how can any thing be well set forth by them that want credit ? marry for my part let the time of their offices last as their doings do deserve . fourthly , because the want of the number of ministers that ought to be and be not , and for the insufficiency of those that be for diverse respects . but therein the queens highness doubteth nothing but all that which the difficulty of time in so great a scarcity of men meet to be ministers will suffer to be done , shall by my lords the bishops be done in this behalf , and that as speedily , diligently and carefully as can be . and if any person admitted or to be admitted to this ministry shall hereafter either of arrogancy or ignorance , show any strange doctrine contrary , or varying from that which by common consent of the realm is published , to the breach of unity , that he by those to whom it appertaineth , sharply and speedily be reformed , all favour and fear set apart . thus much for doctrine . you are most earnestly also to think and consider of the discipline of the church as one of the strong pillars of religion , which doubtless at this time hath two great lacks . the first the imperfection of laws for the countenance of it ; which hath grown either by reason that sundry of the ordinances made for that purpose , be disused or otherwise have not their force ; or else for that most of the laws that remain be such as for their softness few men make account of . the second imperfection is the slothfulness , corruption and fearfulness of the ecclesiastical ministers and officers in the due execution of those laws that be good and yet continue . true and too true it is , that hereby at this present two great enormities daily grow : the former that men of wealth and power given to be evil may in their countries live what dissolute and licentious life they list , and both temporally and spiritually offend daily in all the branches of simony , the very canker of the church without feeling of this discipline . the second , that many of the laudable rites and ceremonies of the church , or pertaining to the ministers of the same agreed upon by common consent , the very ornaments of our religion are very ill kept , or at least have lost a great part of their estimation . and here ( through the many faults for want of discipline ) to remember you of one particular matter of great moment . how cometh it to pass that the common people in the country universally come so seldom to common-prayer and divine service , and when they do come , be many times so vainly occupied there , or at least do not there as they should do , but for want of this discipline ? and yet to the help of this there was at the last parliament a law made , but hitherto no man , no , no man or very few hath seen it executed ; as plainly to speak , laws for the furtherance of this discipline unexecuted be rods for correction without hands . it cannot be denied but as superstition is every way to be abhorred for fear of idolatry ; so certainly the loss of this discipline is always to be avoided , lest else contempt ( that necessarily must follow ) may cause irreligion to creep faster in than a man would think . for of all other it is the most pestilent and pernicious thing , never suffered nor allowed in anycommon-weal , nay not amongst the heathens that were most barbarous . but here it may be said the mischief appeareth , where is the remedy ? and that it were better not opened in such a presence , than opened without the remedy both devised and declared . in mine opinion the remedies may easily be devised : all the difficulty is in the well executing of them . as first , if the chief parsonages of this realm , both in town and country , would give good example , it cannot be but it would be much to the remedying of a great part of this mischief . secondly , the dividing every one of the dioceses according to their greatness into deaneries , as i know commonly they be ; and the committing of the deaneries to men well chosen , as i think commonly they be not : and then the keeping of certain ordinary courts at their prescript times for the well executing of those laws of discipline , as they ought to be , with a sure controulment of those inferior ministers by the bishop or his chancellor , not biennially or triennially , but every year twice or thrice : which use of necessity without very great difficulty may do much in very short time to the reformation of this , the chief officers ecclesiastical all being very well , and the laws themselves being first made sufficient and perfect , which in this parliament may very well be brought to pass . and because the proceedings of matters in discipline and doctrine do chiefly concern my lords the bishops , both for their understanding and ecclesiastical function , therefore the queens highness looketh that they being called together here in parliament , should take the chiefest care to confer and consult of these matters . and if in their conference they found it behooful to have any temporal acts made for the amending and reforming of any of these lacks , that then they will exhibit it here in parliament to be considered upon , and so gladius gladium , juvabit , as before time hath been used ; foreseeing always that all laws and ordinances for this matter of doctrine and discipline be uniform , and so one sort throughout the whole realm . and thus much concerning religion , being the first part . now to the second , that is , matters of policy . and herein first for the good government of the subjects at home , the lacks and defaults whereof as in discipline so in this stand altogether in the imperfection of laws , or else the fearfulness , slothfulness and corruption of temporal officers , that ought to see the due execution of them . for the help of the former , you are to examine whether any laws already made are too sharp or too sore , and so over-burthensom for the subject , or whether any of them are too loose or too soft , and so over-dangerous to the state ; for like as the former may put in danger many an innocent particularly , so the second may put in danger both the nocent and innocent , and the whole state universally . you are also further to examine the want and superfluity of laws , and whether crafty covetousness and malice have devised any means to defraud laws already made , or how to do any injuries for which there is no law that hath his being to reform it : or whether the common-weal and state of this realm , by reason of any imperfection or cause , is like to fall to any danger or peril ; for the greater the danger is , the greater would the care and consideration be for the remedy of it . you are also to examine whether there are too many laws for any one thing , which breedeth so many doubts , that the subject is sometimes to seek how to observe them , and the chancellor how to give advice concerning them . as to the second imperfection , which is the want of the due execution of laws ; because i cannot perceive but all the rest and all laws made and to be made is but a vain matter , therefore i have thought oft with my self what might be the best remedy , if not to make all laws perfectly executed ( for that i can hardly hope of ) yet to make them in much better case than now they be . and when i had considered all things , i could find no help but this : the first by having great care in the choice of those officers that have the execution of laws . the second , to do as much as may be for the banishing of sloth , corruption and fears from them . a third way there is which i leave to your judgments , this it is : there should be a triennial or biennial visitation in this nature , made of all the temporal officers and ministers that by virtue of their office have in charge to see the execution of laws . by this i mean that the queens majesty should make choice every second or third year of certain expert and approved persons , to whom commission should be granted to try out and examine by all ways and means the offences of all such as have not seen to the due execution of the laws according to the offices and charges committed to them by the prince . and the offences so found and certified to be sharply punished without remission or redemption . of effect much like this , and to the like end was the visitation of the church first devised ; whereof , in the beginning of it , came great good doubtless ; and reason i see none but the like good ought to follow upon like visitation made amongst temporal officers . and the old commission of oyer tended somewhat to this end . i doubt certainly if the laws and statutes of this realm should not indifferently , uprightly and diligently be put in execution ( as my trust is they shall ) especially in the great and open courts of this realm , then my burthen , i confess , is equal with the greatest , and yet for my part , i would gladly every year hear of , and yield to such a comptroller . now to the last and greatest , which is the defence against the foreign enemy abroad and his confederates brought up and bred amongst us our selves , because these matters be by reason now chiefly in hand , and that the dealings of the outward enemy be matters that go to the whole , and that this presence you know representeth the whole ; therefore in all congruity it seemeth reason that all we for and in the name of the whole consider carefully of this cause , and give present assistance for the help of it . and to the end you may be more able to give good counsel and advice therein , it hath been thought meet i should summarily and shortly make you privy of these proceedings , which shall be the better understood if i begin at the root as i intend : this it is : the queens majesty at her coming to the crown finding this her realm in a ragged and torn state , and yet in wars with a mighty enemy , the chief fortress of the same lost , to the realms great dishonour and weakning ; her frontier towns not sufficiently fortified , the revenue of the crown greatly spoiled , the treasure of the realm not only wasted , but the realm also greatly indebted ; the land of ireland much out of order ; the staple and store of all kind of munition for the realms defence marvellously consumed ; the navy and sea matters nothing in the state they now be , was forced to give ear to a peace with some other conditions than else it is like her highness would have come to , to the end that these dangerous defaults might be in the time of peace sufficiently for the security of the realm provided for . whereupon indeed her highness ( peace being concluded ) entred into the reforming and supplying of most of all those great lacks , and for the well-doing of them hath not forborn to take any care or pains , neither hath she sticked for the compassing of this both to spend her own treasure , to sell her own lands , to prove her own credit at home and abroad to the uttermost , and all this for our sureties and quiet . ( here want the causes why the queens highness sent her forces to lie in assisting the admiral and others against the guises , and a declaration of the great charges that grew thereby . ) thus have you heard the sum of those proceedings ; whereby it is plain and evident , that as our most dear and gracious soveraign lady , hath for the preservation of common quiet , and for our own surety against the common enemy , for born no care or travel in the devising , no more hath she charge or expence in the performing . i may safely affirm it , because i am well able to prove it , that the charges of the managing of these affairs , and that that hath been done since the queens majesty came to the crown in supplying the dangers aforementioned , amount to as much as two of the greatest subsidies that i can remember ; a matter not possibly to be born for that which is past , nor to be continued for that which is to come by the ordinary revenue of the crown , and yet of necessity to be done , except all ( which god forbid ) should run to ruine : if when any part of the natural body happeneth to be in danger , the head and every part hasteth to the relief ; what would then be done trow ye , when peril is offered , that the head should take the whole care and bear the whole burthen , and all the members remain uncareful and uncharged therewith ? how light a burthen it is when it is born of many , is understood of us all . but hereof i make a stay , because there is no doubt your good wills and towardness upon these considerations be such , as this last speech of mine needeth not , and so doubtless the queens highness taketh it . and yet your wisdoms well know , that the office of this place which i occupy , craveth thus much to be said at my hands , and for that purpose chiefly could i trust you take it , and not for any necessity to draw them by perswasion that otherwise of their own disposition be forward enough . the declarations of the proceedings being uttered , i do assure my self to suffice to men of your understanding and inclination . for how can a man think that any is so void of reason , that he would not gladly offer any aid against a foreign enemy , that he were able to make for the safety of his own country , his soveraign , himself , his wife and children ; especially when by reason it is plain , that the queens majesty hath already , and daily doth imploy her own treasure , yea , and her lands and credit , not in any glorious triumphs , superfluous and sumptuous buildings of delight , vain and chargable embassages , neither in any other matters of will and pleasure ; i mean , no expence to be noted in a prince of thirteen years reign , but as far as man can judge in the service of her realm and necessary defence for her people , and for the annoyance of the enemy . yet hath it been seen ere this , that princes wills , pleasures and delights , have been followed in expences as necessities . and now god be thanked the doings have been such since the queens highness reign , that to the indifferent man it will be probable and plain , that the relieving of the realms necessity is become the princes delight ; a good change , god continue it , a marvellous good example for us to follow , and yet it is scant credible how long it was , and in the end with what difficulty the queens majesty came to agree that this example should be followed by us , in being content that this parliament should be summoned , that it might be moved that the realm might contribute to the realms defence , with such difficulty indeed , that if any other way could have been devised ( her honour and realms surety saved ) this had never been attempted : so loth she is to any offensive matter by burthen or charge , that if any other way could have been devised , this had not been : and so from her own mouth she commanded me to say unto you . oh what a grief it is to a prince ( trow you ) when he findeth such want that he is not able so to consider of the service of his servants and subjects ; this dangerous and necessary service , as their deserts do crave ! knowing that most commonly the very life and heart of the servant , and souldier which so often offereth himself to the cannon , the pike , the fire , is either over-thrown or set up as regard is had of his perils . except there be some odd men ( as they call them ) of that perfection , that virtue and well-doing is their mark , and not reward , who hold for firm , that recti facti merces est fecisse tantum , but rara avis in terris , &c. yea , those are so rare as counsel cannot be given that princes service should hang on the help of such hope , and yet these be the perfectest and best , but the world is not served by such . to give good words is a good thing , but often used , albeit never so cunningly , without deeds or service , is reputed but as wind , and is indeed dare verba . marry , power serving not , then it deserveth great commendations ; for it is as much as can be done : for ultra posse non est esse . but hereof thinketh little the greatest number . but to a prince who thinketh thus much , and daily thinketh and feeleth of it , what a tormenting trouble is such a want think ye ? these wants when they happen , would be , ought to be most holpen . but here i have troubled you further than i meant , or perchance needed . if i have so done , i pray you apply it to the best as i meant it , and so there must needs come good of it . and thus no further to trouble you but to make an end . you have heard first , the causes of this assembly . secondly , what i think meet to be remembred . thirdly , what for the governance of the subject at home , and what hath been done for the defence of the enemy abroad ; your offices and duties , to be careful to consider of these matters , which i have the rather summarily remembred than effectually discoursed upon . the former pertaineth to my office as a remembrancer . the second to you as executors of these remembrances . and because you of the nether house cannot without a head thus do , therefore it resteth , that you according to your antient order , of your selves chuse some wise and discreet man , who after he hath been by you chosen and presented , and that presentation by the queens majesty allowed , shall then be your speaker , and day is given , &c. this speech being thus transcribed out of the copy i had of it , as is aforesaid ; now follow the names of the receivors and tryors of petitions out of the original journal-book of the upper house , which the clerk of the same readeth in french as soon as the lord keepers speech is ended , and which were as followeth . receivors of petitions for england , ireland , wales and scotland . sir robert catlin knight , chief justice of the kings-bench , sir william cordell knight , master of the rolls , sir john widdon knight , one of the justices of the ----- sir richard read k t , one of the justices of the ----- and d r huick ; and they that will deliver petitions , are to deliver the same within six dayes next ensuing . receivors of petitions for gascoigne and other lands beyond the seas and the isles . sir james dyer knight , chief justice of the common-pleas , sir edward sanders knight , lord chief baron , richard weston , one of the justices of the ----- john southcott , one of the justices of the ----- doctor lewis , doctor yale and doctor vaughan : and they that will deliver petitions , are to deliver the same within six days next ensuing . triors of petitions for england , ireland , wales and scotland . the archbishop of canterbury , the earl of oxford , the earl of sussex , the earl of huntington , the earl of bedford , the bishop of london , the bishop of winchester , the bishop of ely , the lord howard of effingham , lord chamberlain of the queens house , the lord windsor , and the lord north. all these or four of them calling unto them the lord keeper of the great seal , and the treasurer , and the queens serjeants when need shall require , shall hold their place in the chamberlains chamber . triors of petitions for gascoigne and other islands beyond the seas . the archbishop of york , the earl of lincoln , lord admiral of england , the earl of leicester , the earl of essex , the bishop of worcester , the bishop of lincoln , the bishop of rochester , the lord burleigh principal secretary , the lord wentworth , the lord buckhurst . all they or four of them calling to them the queens serjeants , attorney and sollicitor when need shall require , shall hold their place in the treasurer's chamber . hodiè retornatum est breve dom. reginae quo henricus compton de compton chevalier praesenti parliamento interesse summonitus est , qui praesens admissus est ad suum praeheminentiae sedendi in parliamento locum , salvo cuique jure suo . and two other writs were returned in like manner , by which henry cheyney of toddington , and henry lord norris of ricott , were summoned to be present this parliament , who were accordingly admitted to their due places , saving to all others their right . nota , that there is no entrance in the original journal-book of the upper house , of any continuance or adjournment of the parliament by the lord keeper , which doubtless happened through the great negligence of anthony mason esq at this time clerk of the said house . there were also divers proxies returned on this present thursday , being the th day of may , but whether before or after the continuance of the parliament appeareth not ; in which two spiritual lords constituted each of them two proctors apiece , according to the usual and frequent manner , and are therefore omitted ; but four other bishops nominating either three proctors apiece or but one , which is somewhat extraordinary , therefore they are here inserted . die o maij , introductae sunt literae procuratoriae hugonis episcopi landaven . in quibus procuratores suos constituit nicolaum wigorn. , richardum meneven , & nicolaum bangoren . episcopos . eodem die introductae sunt literae procuratoriae jacobi dunelmensis episcopi , in quibus procuratorem suum constituit edmundum archiepiscopum ebor. eodem die introductae sunt literae procuratoriae johannis herefordensis episcopi , in quibus procuratores suos constituit matthaeum cantuariensem archiepiscopum & edwin . london . & nicolaum wigorn. episcopos . eodem die introductae sunt literae procuratoriae thomae assavensis episcopi , in quibus procuratores suos constituit robertum wintonien , nicolaum wigorn. , ac nicolaum bangoren . episcopos . now although it be most usual for the spiritual lords to name two proctors , yet here four of six varied from it , three of them exceeding that number , and the other nominating but one . it is likewise as usual for the temporal lords to constitute but one proctor , and it is an action worthy observation where they nominate more ; for in this very parliament of fifteen temporal lords that sent proxies , but one nominated two proctors : which see afterwards , on monday the th day of this instant may following , and all the rest constituted but one proctor apiece , which being trivial and ordinary are omitted . nota , also that the earl of leicester had this parliament eight proxies sent unto him , viz. from george earl of shrewsbury , edward earl of darby , henry lord scroop , edward lord dudley , anthony viscount mountacute , gregory lord dacres , william lord sands , and edward earl of lincoln ; all which seem to have been returned on monday the th day of this instant may , in such order as they are here set down . nota , that the lord burleigh also principal secretary to her majesty , had six proxies sent unto him this parliament , viz. from john marquess of winchester , henry lord hunsdon , thomas lord buckhurst , john lord latimer , edward earl of lincoln ( who made also the earl of leicester his joint proctor with him ) and robert lord rich. these also are set down in the journal-book to have been returned the th day of may in such order as they are here set down ; but now by a late order made in the upper house an . do caroli regis , no lord is capable of above two proxies . nota , that in the original journal-book of the upper house it doth not appear at all whether her majesty or any of the lords were present on saturday following being the tenth day of this instant may , ( it appearing plainly , that neither house sate on friday the th day of the same ) nor what was done thereon , and therefore the passages of the same are supplied out of the original journal-book of the house of commons . on saturday the th day of may ( in the afternoon ) her majesty being come to the upper house , with divers of the lords spiritual and temporal , being there also set , and the knights , citizens , burgesses and barons of the house of commons having notice repaired thither with robert bell of the middle-temple london esq their speaker elect , who was led up unto the rail or bar , at the lower end of the said upper house , by two of the most eminent personages of the commons , and presented to her majesty , whom she allowed and confirmed in the said place of prolocutor or speaker , notwithstanding his excuse made , and disabling himself according to the usual form . after which the said speaker being now fully and absolutely invested in his said place , did after his humble thanks rendred to her majesty , in the conclusion of his speech make certain petitions of course in the behalf of himself and the house of commons , viz. for the free access to her majesty , freedom of speech , and freedom from arrests and suits during the continuance of the parliament , and for pardon for himself if he should in any thing unwittingly mistake or offend . all which being graciously allowed by her majesty , she arose and departed . nota , that there is no entrance in the original journal-book of the upper house of the continuance or adjournment of the parliament , which doubtless happened through the great negligence of anthony mason esq , now clerk of the same . for it is plain , the lords did sit again on monday following in the forenoon , to some hour of which it is most likely it was continued , and the passages whereof , as also of all the other days on which the said house sate , do now in order follow out of the aforesaid original journal-book of the same . may the th sunday . on monday the th of may , to which day the parliament had been last continued ( as is most likely ) the presence of the lords is first noted in the original journal-book of the upper house , which were as followeth ( their names only being altered into english. ) the archbishop of canterbury . the archbishop of york . sir nicholas bacon knight , lord keeper of the great seal of england . the marquess of winchester . comites . the earl of oxford great chamberlain of england . the earl of kent . the earl of worcester . the earl of rutland . the earl of sussex . the earl of warwick . the earl of pembroke . the earl of hartford . the earl of leicester . the earl of essex . viscount bindon . episcopi . the bishop of london . the bishop of winchester . the bishop of ely. the bishop of worcester . the bishop of s t davids . the bishop of salisbury . the bishop of bath and wells . the bishop of coventry and litchfield . the bishop of peterborough . the bishop of norwich . the bishop of chester . the bishop of bangor . the bishop of lincoln . the bishop of exeter . the bishop of rochester . barones . the lord howard of effingham , chamberlain to the queen . the lord burleigh , secretary to the queen . the lord abergaveny . the lord strange . the lord dacres . the lord stafford . the lord grey of wilton . the lord mountjoy . the lord darcy . the lord mounteagle . the lord sands . the lord windsor . the lord wentworth . the lord burrough . the lord s t john of basing . the lord cromwell . the lord evers . the lord wharton . the lord willoughby of parham . the lord pagett . the lord darcy of chich. the lord north. the lord chandois . the lord s t john of bletsoe . the lord buckhurst . the lord de la ware. the lord compton . the lord cheyney . the lord norris . this day also by order and consent of the whole house , were appointed to confer with such number of the house of commons as should please the said house to appoint , for the more speedy and better direction of them in the great matter touching the queen of scots , these lords undernamed , viz. the archbishop of canterbury . the archbishop of york . the earl of oxford . the earl of kent . the earl of worcester . the earl of sussex . the earl of warwick . the earl of bedford . the earl of leicester . the earl of essex . the bishop of london . the bishop of winchester . the bishop of ely. the bishop of lincoln . the bishop of rochester . the lord chamberlain . the lord burleigh . the lord grey . the lord windsor . the lord wentworth . the lord north , and the lord chandois . who were appointed to meet in the star-chamber , at eight of the clock in the morning the next day . vide on wednesday may the th ensuing . the bill for preservation of wood and timber was read prima vice & commissa archiepiscopo cantuar. , comiti lincoln . , comiti sussex , comiti leicester , episcopo elien . , episcopo wigorn. , episcopo meneven . , domino howard , domino camerario , domino burleigh , domino windsor , domino wentworth , domino pagett , domino chandois , domino buckhurst , & justiciario southcott & justic. weston . the bill for punishment of vagabonds , and for relief of the poor was read prima vice & commissa archiepiscopo cantuar. , comiti huntington , comiti rutland , comiti pembroke , comiti hertford . episcopo london . episcopo wigorn. , episcopo meneven , episcopo bangor . , domino grey , domino s t john , domino evers , & domino s t john de bletsoe , & justiciario harper , & christophero wray servienti ad legem . nota , that here a bill is not only committed upon the first reading , but a judge who is but a meer assistant unto the upper house , and a serjeant who is but a meen attendant thereon , are made joint committees with the lords as in the bill foregoing . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum hurâ octavâ . this day also was brought in the proxy of edward earl of lincoln into the upper house , and as it seemeth the proxies of fourteen other temporal lords , viz. one marquess , two earls , one viscount , and ten barons . but there is no mention made in the original journal-book whether they were returned before or after the continuance of the parliament , according to the usual form as aforesaid , which was in the afternoon of this present monday , where each temporal lord nominateth one proctor , and therefore were admitted ; but the earl of lincoln nominating two proctors , which is somewhat extraordinary , is transcribed out of the original journal-book as followeth . th maij introductae sunt literae procuratoriae edwardi comitis lincoln . in quibus procuratores suos constituit robertum comitem leicester , & willielmum dominum burleigh . on tuesday the th day of may , to which day the parliament had been last continued , the bill against corrupt presentations was read primâ vice . nota , because the daily continuing of the parliament in these words , dominus custos magni sigilli , &c. is but matter of course , it is afterwards through the whole journal-book omitted , unless something extraordinary fall out either in respect of the person , time , or manner of continuing of it . on wednesday the th day of may , to which day the parliament had been last continued on the day next foregoing , divers lords spiritual and temporal assembled , but nothing was done save only the continuance of the parliament by the lord keeper to the day next following , at eight of the clock . on thursday the th day of may , to which day the parliament had been yesterday continued , the bill for the punishment of vagabonds and relief of the poor was read secunda vice : but there is no mention made that it was either ordered to be ingrossed or referred to committees , of which doubtless there can be no other reason , ( seeing it was not sent up from the house of commons ) than the negligence of the clerk of the upper house , in respect that it is easie to be conjectured , that this foregoing bill was either ordered to be ingrossed or recommitted to the former committees , whose names see on monday the th day of this instant may foregoing . on friday the th day of may , the bill against forging and counterfeiting of foreign coin being not currant within the realm , was read prima vice . on saturday the th day of may , the bill against forging and counterfeiting of foreign coin being not currant within the realm , was read secunda vice , & commissa ad ingrossand . the bill against corrupt presentations was read secunda vice & commissa comiti huntington , com. bedford , episcopo wigorn. episcopo wintonien . domino grey , & domino s t john de bletsoe . vide concerning this bill on saturday the th of this instant may following . the bill also for the annexing of the jurisdiction of dorset to the see of sarum , was read prima vice & commissa archiepiscopo cantuar. archiepiscopo ebor. comiti bedford , comiti pembroke , vice-com . bindon , episcopo wigorn. episcopo exon. episcopo lincoln . episcopo roffen . domino mountjoy , domino s t john , domino chandois . the bill lastly for punishment of vagabonds and relief of the poor , was read tertia vice & conclusa . may the th sunday . on monday the th day of may , to which day the parliament had been last continued . the bill for the punishment of vagabonds and relief of the poor , was delivered to doctor lewes and doctor vaughan , to be carried to the house of commons . the bill also against forging and counterfeiting of foreign coin being not currant within the realm , was read tertia vice , and sent to the house of commons by doctor yale and doctor huick . the bill lastly for punishment of such as shall rebelliously take or detain from the queens majesty any castle , tower , fortress , ship or other munition of war , was read prima vice . on wednesday the th day of may , to which day the parliament had been on monday last continued , three bills were brought up to the lords from the house of commons , of which the first being the bill that the tenant and defendant may have a tales de circumstantibus , and the second against the deceit of under-collectors of the tenths and subsidies of the clergy , were each of them read prima vice . on thursday the th day of may , introducta fuit billa nova touching corrupt presentations , & prima vice lecta . six other bills of no great moment had each of them one reading ; of which the third being the bill touching corrupt presentations ; another that the tenant and defendant may have a tales de circumstantibus , as well as the demandant or plaintiff ; and the last being the bill against deceits of under-collectors of the tenths and subsidies of the clergy , were each of them read secunda vice : but no mention is made that they were either ordered to be engrossed or referred to committees , because they had been sent to their lordships from the house of commons the day foregoing . on friday the th day of may , two bills of no great moment had each of them one reading ; of which the first being the bill against deceits of under-collectors of the tenths and subsidies of the clergy , was read tertia vice & conclusa . three other bills also were each of them read secunda vice & commissae ad ingrossand . ; of which the third was the bill against such as shall conspire or practice the enlargement of any prisoner committed for high-treason , &c. on saturday the th day of may , two bills of no great moment had each of them their third reading and passed the house ; of which the second was the bill against such as shall conspire or practise the enlargement of any prisoner committed for high-treason . the bill that the tenant or defendant may have a tales de circumstantibus , as well as the demandant or plaintiff , was sent to the house of commons by serjeant barham and doctor huick . five bills also were brought up to the lords from the house of commons ; of which the last was the bill for the inserting of the mannor of havering at bowre in a blank and void place in certain letters patents of the late king edward the sixth , made unto certain persons of certain lands and tenements in the county of essex . on wednesday the th day of may , six bills of no great moment had each of them one reading ; of which the fourth being the bill touching fine and recoveries , was read secunda vice & commissa comiti rutland , comiti suff. , comiti huntington , domino wentworth , domino north , domino primario justiciario com. placitorum , primario baroni scaccarii , & justiciario wray . nota , that here the judges who are but assistants unto the upper house , are made joint committees with the lords . the bill of wood ( which had been read prima vice on monday the th day of this instant may foregoing , and then committed to those whose names are there set down , was now recommitted to the archbishop of canterbury , the earl of sussex , the earl of huntington , the earl of bedford , the earl of leicester , the bishop of worcester , the bishop of chichester , the lord chamberlain , the lord burleigh , the lord wentworth , the lord chandois , the lord norris , the master of the rolls , justice weston , justice southcott , and m r serjeant barham . but whether this bill had its second reading at this present or upon some other day foregoing , doth not certainly appear , but seemeth to have been omitted through the negligence of anthony mason esq at this time clerk of the upper house : neither do there want presidents that bills after the first reading have been referred to committees , when there hath been no mention made of any second reading ; nay sometimes when the bill hath had its second reading on a former day , as it was in the bill for the commission of sewers referred to committees on saturday the th day of april in the parliament de an . regin . eliz. in the journal of the upper house , it is afterwards committed : and sometimes it is committed when it hath its second reading at an after-day , as it was at this present journal in the bill touching tunbridge-school , on monday the th day of june ensuing . for the great matters touching the scottish queen ( which had been referred to committees on monday the th day of this instant may foregoing ) were appointed these lords ; viz. the archbishop of canterbury , the earl of sussex , the earl of leicester , the bishop of lincoln , the lord burleigh , and the lord grey ; vide touching this matter on tuesday the th day of june next ensuing . on thursday the th day of may , the bill for the annexing of hexham and hexamshire , &c. was sent up to the lords from the house of commons . the bill for the inserting of the name of the mannor of havcring at bowre in a blank or void place , was read the second time ; but no mention is made that it was either ordered to be ingrossed or referred to committees , because it had been sent from the lords on saturday the th day of this instant may foregoing . the bill for the preservation of timber and fuel within twelve miles of london and subburbs of the same , was read secunda vice and committed to the earl of worcester , the earl of rutland , the earl of essex , the lord abergavenny , the lord s t john of bletsoe , and the lord compton . the bill for the assurance of certain lands , according to the meaning of sir thomas woodhouse for the benefit of certain infants , was read secunda vice . the bill for repeal of a statute made for the town of shrewsbury an . reginae eliz. was read secunda vice , and committed to the earl of bedford , the earl of essex and others . the bill also touching presentations to benefices by lapse was read the second time and committed unto the archbishop of york , the earl of rutland , the earl of hartford , the bishop of worcester , the lord cromwell , the lord ewers , justice southcott , and justice wray . the bill for keeping of the assizes and sessions in the town of stafford , and the bill for annexing the sheriffwicks of huntingtonshire and cambridgshire , were each of them read secunda vice & commisse ad ingrossand . the bill lastly touching sea-marks , and that no hoy or plate shall cross the seas , was read prima vice and committed to the earl of suffolk , the earl of leicester , the lord burlcigh , the lord darey de chich. the lord cheyney , the lord norris , serjeant barham , and doctor lewes . nota , that this is not committed only upon the first reading , but also a serjeant and a doctor who are but attendants upon the upper house , are here made joint committees with the lords . on friday the th day of may , two bills of no great moment had each of them one reading ; of which the first being the bill for inserting of the name of the mannor of havering at bowre in a blank and void place of certain letters patents of the late king edward the sixth , made unto certain persons of certain lands and tenements in west-ham in the county of essex , was read the third time and passed the house . on saturday the th of may , four bills of no great moment had each of them one reading ; of which the third being the bill for renewing of a statute made for the keeping of the assises and sessions within the town of stafford , was read tertia vice & conclusa . and the fourth and last being the bill against corrupt presentations was read secunda vice & commissa to the earl of rutland , the earl of sussex , the lord chandois , and the former lords nominated on saturday the th day of this instant may foregoing , where this bill was then read the second time , and then committed . on monday the second day of june , two bills had each of them one reading ; of which the second being the bill for the assurance of certain lands and tenements according to the meaning of sir thomas woodhouse , for the benefit of certain infants , was read tertia vice & conclusa . on tuesday the third day of june , two bills of no great moment had each of them one reading ; of which the first being the bill to renew a statute made an . o of the queens reign , inhibiting the transporting of leather , or raw-hides out of the realm , was read secunda vice & commissa ad ingrossand . on wednesday the th day of june , the bill touching a statute made an . mo of the queens reign , inhibiting the transporting of leather or raw-hides , was read tertia vice & conclusa , and sent down to the house of commons by serjeant barham and doctor huick . four provisoes annexed by the commons to the bill for vagabonds , with certain other amendments in the said bill , were read secunda & tertia vice & conclusa communi procerum assensu . three bills were brought up to the lords from the house of commons ; of which the first being the bill for avoiding of recoveries suffered by collusion of tenants for term of life and such others , was read prima vice . the bill touching mary the late scottish queen , was ordered to be ingrossed . the bill for avoiding of recoveries suffered by collusion of tenants was committed to the earl of rutland , the earl of sussex , and others ; but there is no mention made whether this bill was at all read : of which see a like president on wednesday the th day of may foregoing . on thursday the th day of june , the bill touching mary the daughter and heir of james the fifth late king of scots , was read tertia vice & conclusa , and sent to the house of commons by serjeant barham and the queens attorney . five bills were brought up to the lords from the house of commons , of which the second being the bill against such as shall conspire or practise the enlargement of any prisoner committed for high-treason , and the third for annexing of hexham and hexhamshire to the county of northumberland , were each of them returned conclusae . the bill for the better and further assurance of certain lands and tenements to the maintenance of the free grammar-school at tunbridge in the county of kent , was read prima vice , and committed to the archbishop of york , the earl of bedford , the earl of hartford , the bishop of chichester , the bishop of rochester , the lord de la ware , the lord norris , the master of the rolls and justice southcott . vide concerning this bill on monday the th day , tuesday the th day , and on wednesday the th day of this instant june following . the bill that no hoy or plate shall cross the seas , and touching sea-marks , was read secunda vice & commissa ad ingrossandum . dominus primarius justiciarius banci regis continuavit praesens parliamentum usque in horam secundam post meridiem . nota , that this continuance of the parliament , with some others that follow by the lord chief justice of the kings bench , was not without some express authority given him by her majesty ; but through the great negligence of anthony mason esq at this time clerk of the upper house , it doth not appear in the original journal-book of the same , whether the said authority were given by commission or otherwise . about which hour in the afternoon four bills of no great moment had each of them one reading ; of which the third being the bill for the true making of hand-guns , callivers , &c. and the last for partition of certain lands between the lord latimer and sir robert wingfeild k t , and their heirs , were each of them read prima vice . dominus primarius justiciarius banci regis continuavit praesens parliamentum usque in diem crastinum hora nona . on friday the th day of june , four bills of no great moment had each of them one reading ; of which the last being the bill against flying with long-winged hawks under certain degrees , was read prima vice . dominus primarius justiciarius banci regii continuavit praesens parliamentum usque in diem crast. hora nona . on saturday the th day of june , four bills of no great moment had each of them one reading ; of which the third being the bill for the true making , proving and marking of callivers , muskets , hand-guns , dags and other small ordnance , was read secunda vice , and committed to the earl of bedford , the earl of hartford , the earl of leicester , the earl of essex , the lord grey , the lord evers , the lord north , the lord chandois , and the lord norris , and to justice harper . and the fourth and last being the bill touching hawks and preservation of game , was read secunda vice , and committed to the earl of bedford , the earl of hartford , the lord darcy , the lord chandois , the lord s t john de bletsoe , the lord compton , the lord cheyney , and justice wray . dominus primarius justiciarius banci regii continuavit praesens parliamentum usque in diem lunae proxim . hora nona . on monday the th day of june , four bills were brought up to the lords from the house of commons ; of which the first being the bill that the inhabitants of the city of winchester , and of the liberty of soke adjoining to the same , may use the trade of cloth-making and take apprentices , was read prima vice . three bills also of no great moment had each of them their second reading ; of which the second being the bill for the partition of certain lands between the lord latimer and sir robert wingfeild knight and their heirs , was read secunda vice : but no mention is made that it was either ordered to be ingrossed or referred to committees , because it had been formerly sent from the house of commons . the bill lastly being for the school of tunbridge was committed unto the earl of huntington , the earl of hartford , the bishop of worcester , the bishop of lincoln , the lord wentworth , the lord norris ( being doubtless brought in this day by the committees nominated on wednesday the th of this instant june foregoing ) but it was not at all now read , but had its second reading with a new proviso added unto it on the morrow following , and on wednesday the th day of this instant june , and was committed the third time upon the third reading . vide a like president on wednesday the th day of may foregoing . dominus primarius justiciarius banci regii continuavit praesens parliamentum usque in diem crastinum hora nona . on tuesday the th day of june , eight bills were brought up to the lords from the house of commons ; of which the first being the bill for the severance of the sheriffwick of cambridgeshire and huntingtonshire , and the second for the punishment of such as shall rebelliously take or detain from the queens majesty any castles , fortresses , &c. were each of them returned conclus . the bill for the better and further assurance of certain lands and tenements to the maintenance of a free grammar-school at tunbridge in the county of kent , was read secunda vice , with a new proviso added thereunto by the lords , which was twice read and ordered to be ingrossed . upon request made by the house of commons to have conference with some of the lords to be appointed by the house touching the great bill of the queen of scots , were appointed these lords following , viz. the archbishop of york . the earl of worcester . the earl of sussex . the earl of bedford . the earl of leicester . the earl of essex . the bishop of london . the bishop of winchester . the lord burleigh . the lord grey . the lord wentworth . the lord chandois , and the lord north. but no judges were nominated because they were to confer with the house of commons . vide concerning this matter on monday the th day , and on wednesday the th day of may foregoing . dominus custos magni sigilli continuavit praesens parliamentum usque in diem prox . hora nona . nota , that as it did not appear before on thursday the th day of this instant june , so neither is it expressed here by what authority the lord keeper is re-authorised to exercise the same again , which hapned through the great negligence of anthony mason esq at this time clerk of the upper house . the presidents are familiar in other journals of this queens reign , where this authority hath been given to the lord chief justice or some other ( to supply the lord keeper's place ) by commission under the great seal , and that the readmittance of the lord keeper to the executing of his said place again was by like commission ; but here it is possible that either were at this time here executed by some other authority . on wednesday the th day of june , four bills of no great moment had each of them one reading ; of which the last being the bill touching sea-marks , and the reviving of a statute that no hoy or plate shall cross the seas , was read tertia vice & conclusa . three bills were sent from the lords to the house of commons , by doctor vaughan and doctor huick ; of which one was the bill for continuance of statutes . the bill to revive a statute made an . . of the queens majesties reign , inhibiting the transporting out of the realm of leather , tallow and raw-hides , was returned from the house of commons conclusa . dominus custos magni sigilli ex mandato dominae reginae adjournavit praesens parliamentum usque in vicesimum quartum diem junii prox . hora nona mané . on tuesday the th day of june , three bills of no great moment had each of them one reading ; of which the first being the bill that wooll and yarn may be bought and sold in the markets and fairs to be kept in the borough of new woodstock in the county of oxon , was read prima vice . three bills also were sent to the lords from the house of commons ; of which the first was the bill for partition to be made between the lord latimer and sir robert wingfield knight , and their heirs . on wednesday the th day of june , three bills of no great moment had each of them one reading ; of which the second being the bill for the avoiding of recoveries suffered by collusions of tenants for term of life and such others , was read secunda vice , but no mention is made that it was either referred to committees or ordered to be ingrossed , because it had been sent formerly from the house of commons . the bill for the inning of plumsted-marsh in the county of kent , being surrounded , was returned from the house of commons conclusa . on thursday the th day of june , the bill for the assurance of certain lands and tenements , to the maintenance of a sermon to be had in the church of s t paul in london every holyday in the afternoon for ever , was read secunda vice ; but no mention that it was committed or ordered to be engrossed , because it had been formerly sent from the house of commons . five bills were brought up to the lords from the house of commons ; of which one was the bill touching mary daughter and heir of james the fifth late king of scots , commonly called the queen of scots , and another for the reformation of the inordinate length of kersies . nine bills also of no great moment had each of them one reading ; of which the first being the bill for the better assurance of gifts , grants , &c. made and to be made , to and for the relief of the poor in the hospitals within and near unto the city of london , of christ , bridewell , and s t thomas the apostle , with a proviso and certain amendments added by the lords , was ordered to be ingrossed . and the second being for avoiding of recoveries suffered by collusion of tenants for term of life and such others , was read tertia vice & conclusa , & commissa sollicitatori reginae & doctori lewes in domum communem deferend . on friday the th day of june , three bills were brought up to the lords from the house of commons ; of which the last being the bill for the continuance of certain statutes with certain amendments , and a schedule thereunto annexed being thrice read , was concluded . the bill for the explanation of the statute for fugitives over the seas , with a new proviso added by the lords , and the bill touching the free-school of tunbridge with a new proviso , were each of them read tertia vice & conclus . , & commis . sollicitatori reginae in domum communem deferend . memorand . quod hoc praesenti die junij , anno regni elizabethae reginae . andreas fisher de graies-inne in com. midd. gen. & henricus fisher de greves-norton in com. northampton gen. coram domina regina in cancellaria sua personaliter constituti recognoverunt se debere johanni ryvers civi & aldermanno de london , tres mille libras legalis monetae angl. solvend . eidem johanni , &c. nisi fecerint , &c. the condition of this recognizance is such , that if they above-bound andrew fisher and henry fisher , and either of them , and the heirs and assigns of them or either of them do well and truly stand to , perform and accomplish , and cause to be performed and accomplished all such award , order and direction , as shall be made and ordained by the right honourable thomas earl of sussex , francis earl of bedford , robert earl of leicester , and william lord burleigh , or any three of them , for and concerning all and singular those messuages , lands , tenements and hereditaments , which heretofore were bargained and sold by henry fisher father of the said andrew and henry to one richard smith citizen of london , and now or late in the tenure or occupation of john rivers citizen and alderman of london , or of any his tenants or farmors , and for the right title , inheritance and possession of the same , so that the said award , order or direction be had and made in writing , under the hands and seals of them or three of them , on this side and before the nativity of our lord next coming ; that this recognizance to be void , otherwise to remain and abide in his full force , strength and effect . memorand . that the two brethren recognitors in consideration that alderman ryvers his cause touching the purchasing of certain lands bona side mentioned in the said bill exhibited in this parliament for the said school may remain unholpen and be excepted out of the said bill , were contented , and by way of petition have submitted themselves to abide the order and determination of the earl of sussex , the earl of bedford , the earl of leicester , and the lord burleigh , or three of them , so as the same be made on this side the feast of the birth of our lord god next : for the more sure performance whereof , not only they acknowledged this recognizance of three thousand pound , but also of their own offer they yielded their bodies to be prisoners in the queens-bench , where the elder brother then remained by force of an execution at a strangers suit , there to remain until they did bring before the lord keeper of the great seal sufficient sureties with them to be bound by recognizance in the said sum of three thousand pound for the same . nota , that it should seem this business concerned the free grammar-school of tunbridge , mentioned on monday the th day , tuesday the th day , and on wednesday the th day of this instant june foregoing , in respect that certain lands were to be purchased for it by the before-mentioned john rivers alderman of london , and thereupon this recognizance , with the condition thereof , came to be entred in the original journal-book of the upper house de an . isto reginae eliz. dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord archbishop of canterbury , and divers other lords meeting in the absence of the lord keeper , it doth not appear in the original journal-book of the upper house that any thing was done , but only the parliament continued in manner and form following , viz. dominus primarius justiciarius banci regis continuavit praesens parliamentum usque in diem crastinum hora octava . on saturday the th day of june , dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lord keeper and divers other lords both spiritual and temporal meeting . the bill for the assurance of certain lands and tenements to the maintenance of a sermon to be had in the church of s t paul in london for ever , was read tertia vice & conclusa . two bills were brought up to the lords from the house of commons ; of which the first being the bill for the assurance of certain lands and tenements to the maintenance of a sermon to be had in the church of s t paul in london for ever , was read tertia vice & conclusa . the bill for the assurance of certain lands for the maintenance of the poor in the hospitals , was read tertia vice & conclusa , with a new proviso added thereunto by the lords , and commissa doctori lewis & doctori huick in domum communem deferend . the bill against the excessive length of kersies was read secunda & tertia vice & conclusa . two bills were brought up to the lords from the house of commons ; of which the first being the bill for the assurance of gifts , grants , &c. made for the relief of the poor in hospitals , &c. was returned conclusa . the bill for the repeal of a statute made an . reginae eliz. for the town of shrewsbury was read tertia vice , with a proviso added thereunto by the lords , quae conclusa est , and sent to the house of commons by d r lewis and d r huick . on monday the th day of june , to which day the parliament had been on saturday last continued , the bill for the reviving of a statute made an . eliz. for the town of shrewsbury was returned from the house of commons conclusa . the bill against delays in judgment in the common law was read secunda vice , but there is no mention made that it was either ordered to be ingrossed or referred to committees , because it had been sent from the house of commons on saturday the th day of this instant june immediately foregoing . in the parliament chamber where the lords spiritual and temporal assembled the day abovesaid in an . regin . eliz. &c. whereas , upon complaint and declaration made to the said lords spiritual and temporal by henry lord cromwell , a lord of the parliament , that in a case between one james tavernor against the said lord cromwell , depending in the court of chancery , for not obeying to an injunction given in the said court of chancery , in the absence of the lord keeper of the great seal , at the suit of the said tavernor , the person of the said lord cromwell was by the sheriff of the county of norfolk attached by virtue of a writ of attachment proceeding out of the said court of chancery , contrary to the antient priviledge and immunity time out of memory unto the lords of parliament and peers of this realm in such case used and allowed , as on the behalf of the said lord cromwell was declared and affirmed , wherein the said lord cromwell as a lord of parliament prayed remedy . forasmuch as upon deliberate examination of this case in the said parliament chamber , in the presence of the judges and other of the queens majesties learned council there attendant in parliament , and upon declaration of the opinions of the said judges and learned council , there hath been no matter directly produced or declared whereby it did appear or seem to the said lords of parliament there assembled , that by the common law or custom of the realm , or by any statute law , or by any president of the said court of chancery it is warranted , that the person of any lord having place and voice in parliament in the like case in the said court of chancery before this time hath been attached , so as the awarding of the said attachment at the suit of the said tavernor against the said lord cromwell for any thing as yet declared to the said lords , appeareth to be derogatory and prejudicial to the antient priviledge claimed to belong to the lords of this realm . therefore it is the day and year aforesaid ordered by consent of all the said lords in parliament there assembled , that the person of the said lord cromwell be from henceforth discharged of and from the said attachment . provided nevertheless , and so is the mind of the said lords in parliament plainly by them with one assent declared , that if at any time during this parliament or hereafter in any other parliament there shall be shewed sufficient matter that by the queens prerogative , or by the common law or custom of this realm , or by any statute . law or sufficient presidents , the person of any of the lords of parliament in such case , as this case of the lord cromwell is , ought to be attached or attachable , then and from thenceforth it is by this order intended , that to take place , which so shall be shewed and warranted as above is said , this order or any thing therein to the contrary notwithstanding . in the original journal-book of the upper house is no entrance of any continuance of the parliament which seemeth to have been omitted through the negligence of anthony mason esq at this time clerk of the same house ; although it may very easily be gathered that the parliament was continued unto some hour in the afternoon of this present day : and most probable it is , that it was continued by the lord keeper , because it appeareth without all question that he was present in the afternoon . post meridiem . in the afternoon the queens majesty , as may easily be gathered , was present with the lord keeper and divers lords spiritual and temporal , but their names through the great negligence of the above-named anthony mason . esq are not at all noted with the mark of being present , neither are any of the passages of this afternoon there entred , saving only the adjournment of the parliament ; although it be most certain , that her majesty being present this afternoon did put an end to this session of parliament , by giving her royal assent to thirteen publick acts , and four private . but yet there passed no bill of her majesties free and general pardon to the subject , nor of any subsidies from them to her majesty ; and the reason of it is plain , because this session of parliament ( although some statutes did of course pass in it ) was doubtless convocated chiefly for that great business touching the scottish queen , of which there are divers passages in this proceeding journal , which see on monday the th day , and on wednesday the th day of may , on tuesday the th day , and on thursday the th day of this instant june foregoing . and therefore now lastly , as touching the manner of her majesties giving her royal assent to such acts as passed , in respect that it is matter of form and seldom differeth , it is therefore supplied ( omitting that only which concerns the bills of subsidy and pardon ) out of a draught thereof set down in the end of the original journal-book of the upper house in the parliament de an . regin . eliz. although it be omitted in that of this present session of parliament . to every publick act that passed , after that it had been read , the clerk of the upper house standing up did openly pronounce her majesties allowance in these french words following . la roigne le veult . to every private act that passed , the said clerk read the queens answer in these french words following . soit fait come il est desiré . these two last answers to the publick and private acts that pass are to be written by the said clerk at the end of every act. to such acts as her majesty doth forbear to allow , the clerk of the parliament read in these french words following . la roigne s'advisera . the several acts being thus passed , the next matter that followed was the adjournment of the parliament , which is entred in the original journal-book of the upper house in the manner and form following . dominus custos magni sigilli ex mandato dominae reginae adjournavit praesens parliamentum usque in festum omnium sanctorum proximum futurum . by the entrance of which adjournment it doth plainly appear that her majesty was present , in respect that it is said , that the lord keeper adjourned the parliament , ex mandato dominae reginae . and it is also worthy the observation , that as the greatest part of the passages of this foregoing monday ( on which this session of parliament ended ) are through the great negligence of anthony mason esq at this time clerk of the upper house , wholly omitted in the original journal-book of the same ; so also by a like negligence are all those many and several prorogations buried in silence , by which this parliament was continued without dissolution until the next meeting thereof on wednesday the th day of february in the eighteenth year of her majesties reign , which was the second session of this present parliament , and held about four years after the determination of this first session by adjournment as aforesaid : so that it is very probable , that there are not less than twenty several prorogations . for between that foresaid second session in an . reginae eliz. and the third session of this present parliament in an . reginae ejusdem , which contained not above one years space more than had intervened between the two former sessions , there passed at least twenty five prorogations , as doth plainly appear in the end of the original journal-book of the upper house in the said session of parliament , de an . reginae praedict . where they are for the most part set down either abstractedly or at large . and lastly , as touching the great business of the scottish queen so much and so long agitated in both houses , it did at this time receive no period or conclusion , but in this session of parliament in an . reginae eliz. an act passed both houses against her ; and lastly , in the parliament de an . , & reginae ejusdem , she was ( a little before her execution at fortheringhay-castle in northamptonshire ) condemned to be worthy of death by the vote of both the said houses of parliament . the journal of the house of commons . a journal of the passages of the house of commons in the session of parliament bolden at westminster , an. reginae eliz. a. d. , which began there on thursday the th day of may , and then and there continued until the adjournment thereof on monday the th and last day of june next ensuing . this journal of the house of commons containeth in it not only many good passages touching the ordinary reading , committing and expediting of bills , but is plentifully stored also with the frequent agitation and discussion of that great business touching the scottish queen , whose practices not only with thomas howard duke of norfolk , but also with the foreign enemies of her majesty for the destruction and invasion of the realm are notably described ; which also is much enlarged out of a written copy i had by me of such reasons as were conceived in the house of commons for her speedy execution , and of the petition also preferred to her majesty to the same purpose : which said reasons and petition being not found in the original journal-book of the house of commons , i have therefore , to avoid confusion , distinguished by an annotation or animadversion from that of the journal it self , where it hath in its due place been inserted . there passed also in this said session a bill against the said queen of scots , which is falsly referred in divers copies thereof to the th year of her majesty . on thursday the th day of may , this first session of the fourth parliament of her majesties reign beginning at westminster , the right honourable the earl of lincoln , high admiral of england , and by her highness appointed lord steward for this present time , came to the lower house of parliament accompanied with divers others of her majesties most honourable privy-council , viz. sir francis knolles knight , treasurer of her highness most honourable houshold , sir james crofts knight , comptroller of the same , sir ralph sadler knight , chancellor of her majesties dutchy of lancaster , and sir walter mildmay knight , chancellor of her highness court of exchequer : and did then and there minister the oath unto all the knights , citizens , burgesses and barons then and there assembled ; the said earl of lincoln constituting and authorizing the said sir francis knolles , sir james crofts , sir ralph sadler and sir walter mildmay to be his deputies in and for the more speedy ministration of the said oath , according to the statute in that behalf lately made and provided , unto all such others of the said knights , citizens , burgesses and barons as should happen afterwards to appear upon any return during this present parliament . this day robert bell of the middle-temple london esq was chosen speaker for this present parliament . but whether her majesty were this day in person in the upper house , or by what authority from her said highness the said speaker was elected , cannot possibly be gathered out of the original journal of the said upper house , or that of the house of commons , but elsewhere it appears the lord keeper gave them authority in the end of his speech on thursday foregoing . on saturday the th day of may , m r speaker was by the house presented to the queens majesty , and of her highness well accepted and allowed ; who after his oration made and the ordinary petitions granted , repaired to the house of commons ; and being set in the chair received the oath . after which according to the usual form was read , the bill concerning bayles to be taken in the court of common-pleas , was read the first time . on monday the th day of may , four bills of no great moment had each of them their first reading ; of which the third being the bill for proclamations to be made in parish churches and chappels before outlawries , was committed unto m r gent , m r robert snagg , m r fenner , m r humberston , m r flowerdue , m r french and m r boyes : who were appointed to meet this afternoon at two of the clock in the temple church . the lords did send sir richard read and m r d r huick , to require m r speaker and this whole house forthwith to make their repair unto their lordships in the upper house ; and upon their repair thither the lord keeper signified unto them , that the queens majesties pleasure is , that twenty one of the said upper house and forty four of this house should meet to morrow in the morning at eight of the clock in the star-chamber , then and there to consult and deliberate upon matters concerning the queen of scots . whereunto were appointed of this house , m r treasurer . m r comptroller . m r chancellor of the dutchy . m r chancellor of the exchequer . my lord deputy of ireland . sir maurice berkeley . sir hugh pawlet . sir thomas scott . sir owen hopton . sir nicholas arnold . sir john thinne . sir hen. gate . sir rowland hayward . m r doctor wilson . m r attorney of the dutchy . m r recorder of london . m r serjeant manwood . m r serjeant geffry . m r mounson . m r sands . m r popham . m r yelverton . m r coleby . m r heneage . m r charles howard . m r hatton . m r asteley . m r shute . m r hen. knolles sen. m r hen. knolles jun. m r peter wentworth . m r sampole . m r norton . m r william moor. m r john vaughan . m r tho. randall . m r john vaughan of caermarthen . m r greenfield sen. m r charles somerset . m r hen. killegrew . m r william gerrard . m r dalton and m r peacock . vide concerning this matter on thursday the th day of june following . on tuesday the th day of may , the bill for the almeshouse of plymouth in the county of devon. was read the second time , and committed unto m r edward stanhope and m r robert snagg , and by them in certain points amended and returned again . five bills also of no great moment had each of them their first reading ; of which the first was against fraudulent conveyances and secret estates of lands ; and the second for christs hospital . on wednesday the th day of may , two bills of no great moment had each of them one reading ; of which the second being the bill that tenants and defendants in actions may pray a tales de circumstantibus as well as plaintiffs and defendants , was read the first time and delivered to m r fleetwood to be augmented for the counties palatine . the bill lastly for explanation of a statute made , that the lands and goods of tellors and receivors should be liable to the payment of their debts , was read the second time , and committed unto sir walter mildmay , m r wilbraham , m r fanshawe , m r norton , m r sampoole and m r robert snagg : who were appointed to meet at three of the clock at sir walter mildmay's house . on thursday the th day of may , m r attorney general and m r sollicitor , were sent from the lords to require m r speaker that a convenient number of this house should attend upon their honours in the council-chamber for conference ; and signified that they had good liking of the first committees for that purpose on monday last . whereunto the house being moved by m r speaker fully assented . and upon the repair of the said committees to the lords and their return to this house again , it was declared by m r treasurer , that the said lords had appointed to meet in the afternoon at two of the clock in the star-chamber , willing them to attend them there for further direction , and a plot to be devised for their manner of proceeding in the matter concerning the queen of scots . vide de ista materia on thursday the th day of june ensuing . the bill for the due execution of the statute for weights and measures , and reformation of the abuses of the clerk of the market , was read the first time . on friday the th day of may , a motion being made whether it were convenient that this house and the lords should join in petition to move the queens majesty for the execution of the duke of norfolk ( who was afterwards beheaded on the tower-hill on the th day of june following ) or that the common opinion of this house touching necessary execution to be done upon him were meet to be signified unto her highness , as their general resolution . and upon the question all the house thought that the general resolution was meetest to be signified unto her majesty , but not by way of petition or direction of this house . two bills also of no great moment had each of them one reading ; of which the second being the bill against fraudulent conveyances and secret estates of lands , was read the second time and committed unto sir hen. gates , sir nichol. arnold , m r recorder , m r mounson , m r fenner , m r edward stanhoppe , m r snagg , who were appointed to meet in lincolns-inn-hall this afternoon at two of the clock , and to return the bill to morrow . on saturday the th day of may , five bills of no great moment had each of them their first reading ; of which the last being the bill that patrons shall not lose their presentations by lapse without notice when the incumbents take another benefice , was read the first time . upon sundry motions made by divers of this house , it was ordered , that arthur hall esq for sundry lewd speeches used as well in this house as also abroad elsewhere , shall have warning by the serjeant to be here upon monday next , and at the bar to answer to such things as he shall then and there be charged with . and it was further ordered , that all such persons as have noted his words in writing , either in this house or abroad , do forthwith assemble in the chamber above , and put the same words in writing , and afterwards deliver them to m r speaker , to the end he may charge the said hall on monday next . on which said day see more concerning this matter . on monday the th day of may , four bills of no great moment had each of them one reading ; of which the last being a bill for the repeal of a former statute made for the town of shrewsbury , was read the second time , and ordered to be ingrossed . the bill for explanation of h. . for recoveries , was read the second time , and committed unto the master of the wardrobe , sir nicholas arnold , m r attorney of the court of wards , m r french , m r bowreman , and m r snagg . wednesday next was appointed unto lodwicke grevill esq to make his appearance in this court at the same hour he should have appeared this present day . the bill concerning presentations by law was read the second time and ordered to be considered of by m r tho. browne , m r doctor yale , m r wolley , m r french , m r baber , m r jeoffrey , m r gates and m r bowreman : who were appointed to meet this afternoon in the middle temple church . m r doctor lewes and m r doctor vaughan , brought from the lords a bill touching vagabonds , and for relief of the poor . the bill concerning rites and ceremonies was read the second time , and ordered to be ingrossed . m r doctor yale and m r doctor huick brought from the lords a bill against the forging of foreign coin not currant within this realm . four bills also of no great moment had each of them one reading ; of which the second being the bill against the deceits of under-collectors of the tenths and subsidies of the clergy , was read the second time and ordered to be ingrossed . m r attorney of the court of wards in the name of all the committees in the great cause ( whose names see on monday the th day of this instant may foregoing ) made report unto the house of their conference therein had with the lords ; which being done , after sundry speeches it was upon the question resolved by the house , for the better safety and preservation of the queens majesties person , and the present state , to make choice of proceeding against the scottish queen in the highest degree of treason , and therein to touch her as well in life as in title and dignity , and that of necessity with all possible speed by the whole voice of the house . but upon what occasions or motives the house grounded this their advice and resolution , doth not appear in the original journal-book of the same : but most probable it is , that they were the same which remain in written copies in many hands , though falsly attributed to have been presented unto her majesty in the thirteenth year of her reign : whereas it appears plainly by both the original journal-books of the upper house and house of commons , and by all other monuments of the parliament de an . regin . eliz. that there was not so much as any mention made of the queen of scots or her dangerous practices , which were so much and so often agitated in this present session de an . . and therefore it being so plain that they were tendred unto her majesty in this said present session , and being also most likely that they were at this time framed in the house of commons , and were the cause of this dayes above-recited resolution , although it doth not certainly appear that they ought to be referred to this very place ; yet i thought good to have them inserted here in manner and form following . which said reasons ( as is very probable ) were presented unto her majesty the th day of may ensuing . reasons to prove the queens majesty bound in conscience to proceed with severity in this case of the late queen of scots . the word of god which is the only director of consciences , and a certain rule for all estates and offices , doth often and most earnestly teach , that godly princes or magistrates not only in conscience safely may , but also in duty towards god ought severely and uprightly to administer justice . for this is one of the principal causes for the which the providence and wisdom of god hath ordained magistrates in common-wealths , that they might by justice and punishment according to the greatness of the offences repress the wickedness of mankind , whereunto by corruption of nature they are inclined . the magistrate ( as s t paul saith , rom. . ) is the minister of god and the revenger of wrath towards him that hath done evil , &c. and s t peter , pet. . be subject to the king as to the chief , or to the under-rulers as sent of him ad vindictam nocentium , to the punishment or revengement of ossendors , and to the praise of them that do well . if the magistrate doth not this , god threatneth heavy punishment . when you were ( saith wisdome to princes , sap. . ) the ministers of his kingdom , you have not executed judgment rightly , nor kept the law , nor walked according to his will. horrible therefore and right soon shall he appear unto you : for an hard judgment shall they have that hear rule . potentes potenter tormenta patientur . now then if the magistrate be the minister of god , in his name and authority to punish the wicked according to the measure of their offences , and are threatned grievous punishment if they do not ; and on the other party , the late scottish queen hath offended in two highest degrees both concerning gods religion and the disinheriting and destruction of our prince : we see not but her majesty must needs offend in conscience before god , if she do not punish her according to the measure of her offence in the highest degree . small punishment for great offences in respect of any person is partiality and slack justice , which god above all things in judgment forbiddeth . consider not ( saith god ) the person of the poor , nor honour the countenance of the rich , levit. . it is not good ( saith solomon , prov. . ) to consider the person of the wicked thereby to decline from the truth of judgment . and jesus sirach , make no labour to be a judge , except thou have that stoutness that thou mightily mayest put down wickedness : for if thou stand in awe of the mighty , thou canst not but fail in giving sentence . ecclus. . wherefore whether the late queen of scots be queen or subject , be stranger or citizen , be kin or not kin , by gods word for so great offences she should have the just deserved punishment , and that in the highest degree . the second reason . when god by his just providence doth commit any grievous offendor into the hands of a prince or magistrate as to his minister to be punished , he ought to fear the heavy displeasure of god if by any colour he do omit the same . non enim hominis judicium est , sed dei ; & maledictus est qui facit opus domini fraudulenter vel negligenter : for god often times brings sinners to punishment for other offences than those that are known and appear to the world. and therefore hath he shewed himself grievously displeased when such by colour of mercy and pity in princes have escaped just judgment . because saul spared agag , ( reg. . ) although he were a king , god took from the same saul his good spirit , and transferred the kingdom of israel from him and from his heirs for ever . when achab spared benhadad the king of syria by his unreasonable clemency though he were a great prince , god willed the prophet to say unto him , because thou hast 〈◊〉 escape out of thy hands the man that i would have to die , thy life shall be for his life , and thy people 〈◊〉 his people . in these examples great pretence might be made for mercy for sparing of them , and great reproach of bloodiness and cruelty in the contrary ; but we see how god judged them . the late queen of scots being a grievous offendor divers ways both before she came into this land and afterwards also , hath been by gods special and remarkable providence put into the queens majesties hands to be punished , and that far more notably than agag and benhadad were put into the hands of saul and achab. therefore it is greatly to be feared if she escape as benhadad did under pretence of mercy and favourable dealing , that gods heavy displeasure will for the same , light both upon the prince and the realm , as it did upon achab and the israelites shortly after . this sentence of the prophet ( as it is for certain reported ) was spoken to the lord james now regent in scotland , when with too much lenity he proceeded therein ; it hath followed too true in him , the lord turn it from our gracious soveraign . the third reason . every good prince ought by gods commandment to punish even with death all such as do seek to seduce the people of god from his true worship unto superstition and idolatry . for that offence god hath always most grievously punished , as committed against the first table , deut. . his words are these : if thy brother the son of thy mother , or thine own son , or thy daughter , or thy wife that lieth within thy bosom , or thy friend which is as thine own soul unto thee , shall entice thee saying , let us go and serve strange gods , &c. thou shalt not consent unto him nor hearken unto him ; thine eye shall not pity him , neither shalt thou have compassion upon him , nor keep him secret , but cause him to be slain ; thine own hand shall be first upon him to kill him , &c. and afterwards addeth , and all israel shall fear to do any more any such wickedness . the residue of that chapter afterwards containeth more grievous matter , which we would wish all them to read that in great offences under the colour of pity are loth to have sharp punishment used . here you may perceive that god willeth his magistrate not to spare either brother or sister , son or daughter , wife or friend , be he never so high , if he seek to seduce the people of god from his true worship ; much less is an enemy and traitor to be spared . yea , and he addeth the cause why he would have such sharp punishment used in such cases , that israel may fear to do the like . but the late queen of scots hath not only sought and wrought by all means she can , to seduce the people of god in this realm from true religion ; but is the only hope of all the adversaries of god throughout all europe , and the instrument whereby they trust to overthrow the gospel of christ in all countries . and therefore if she have not that punishment which god in this place aforementioned appointeth ; it is of all christian hearts to be feared , that gods just plague will light both upon the magistrates and subjects : but that by our slackness and remiss justice we give occasion of the overthrow of god's glory and truth in his church mercifully restored unto us in those latter days . constantinus magnus caused licinius to be put to death , being not his subject but his fellow-emperor , for that the said licinius laboured to subvert christian religion . and the same constantinus is for the same in all histories highly commended . much more shall it be lawful for the queens majesty to execute this woman , who besides the subversion of religion hath sought the life of the same our gracious soveraign . the fourth reason . it is dangerous for any person being a prince , both for his own state as also for that punishment which may come from god's hand , by slackness of justice in great offences to give occasion by hope of impunity of the increase of like wickedness . joab being spared of david for murthering abner , killed amasa also . because amnon was winked at by his father for committing rape and incest with his own sister , absalom under hope of like impunity was emboldened to murther his brother amnon . but look , i pray you , how grievously god punished that slack justice of david coloured with a tender heart towards his children . did he not suffer , yea and by his just judgment raise one of his own sons towards whom he used that excessive tenderness and pity to rebel against him and drive him out of his own kingdom ? the late scottish queen hath heaped up together all the sins of the licentious sons of david , adulteries , murders , conspiracies , treasons , and blaspemies against god also ; and if she escape with small punishment , her majesty in conscience ought , as also good and faithful subjects to fear that god will reserve her as an instrument to put her from the royal seat of this kingdom , and to plague the unthankful and naughty subjects . quod omen ut deus avertat precamur . shall we think that god will not plague it ? surely our hearts do fear he will do it grievously . the fifth reason . a prince ought in conscience before god by all the means he can to see to the quietness , safety and good estate of that people over which god hath appointed him governour . for in the prophets oftentimes under the names of pastors and watchmen he threatneth great punishment to princes and governours for the contrary ; especially in ezechiel , and . and signifieth , that if his people perish either in soul or body , by slackness in administring justice or by any other mis-government , god will require their blood at the princes hands ; which places as they may be applied to prophets and teachers , so do they not exclude but principally comprehend kings and magistrates , as hieronymus noteth in ezechiel . the words of the prophet are these , viz. if the watchmen see the sword and blow not the trumpet , so that the people is not warned ; if the sword come then and take any man from among them , the same shall be taken away in his own sin from among them , but his blood will i require at the watchmans hand . ezechiel . and again , woe unto the shepherds that destroy and scatter my flock , saith the lord , &c. you scatter and thrust out of my flock and do not look upon them : therefore will i visit the wickedness of your imaginations , &c. jer. . by these and such other words in many places god signifieth , if his people perish either in soul or body by the slack or remiss government of them that are appointed rulers over them , and as it were shepherds and herdsmen to keep them from danger , that he will require the blood of his people at their hands . but the late scottish queen with her allies by the pretensed title , and other wicked , devilish and traiterous devices and workings , is like to bring confusion to this realm of england and the people thereof , as evidently appeareth to all good and faithful subjects . therefore the prince offendeth grievously before god , and is in danger of the blood of gods people , if for the safety of the same she doth not cut her off . reg. . solomon a wise and godly prince spared not his own natural , yea and his elder brother adonijah , for suspition and likelihood of treason , and for a marriage purposed only , but put him to death for the same , and that speedily without course of judgment , lest by delay trouble and danger might have ensued , not only to his own person being prince and chief minister of god in that land , but also to that people over which he had charge , and for safety whereof in conscience he was bound to deal . he would have thought it a great burthen to his conscience if by the sparing of one mans life , were he never so nigh of blood unto him , he would have hazarded the seat in which god had placed him , and the blood of many thousands of his people which by a rebellion might have been spent . but this woman and her greatly desired husband , as she pretendeth , have put far more hainous matters in execution : wherefore her case standing as it doth , there is no scruple in conscience to proceed with severity , but great danger in conscience for dealing too mildly and contrary to order of justice , making the punishment less than the offence , with the danger of her majesties own person , the hazard of the realm , and the subversion of gods truth . the sixth reason . it is dangerous for any christian prince and contrary to the word of god , with colour of mercy and pity , to do that whereby he shall discourage and kill the hearts not only of his own good subjects and faithful councellors , but also of all other nations faithfully professing gods religion and his true worship , as may well appear in the example of david . david having this infirmity of too much pity and indulgency towards offendors , which is not of any prince to be followed , did forbid that his traiterous son absolom should be slain ; and when he was killed , effeminately he bewailed the same to the discouraging of his people : but he was sharply rebuked by ioab his councellor saying , thou hast shamed this day the faces of thy servants which have saved thy life and the life of thy sons , &c. thou lovest those that hate thee , and thou shewest this day that thou passest not for thy captains and thy servants ; and now i perceive if absolom had lived and all we had been slain , it would have pleased thee well . what inconvenience was like to follow unto david by this doing , and what other good direction may be taken out of this history well considered , for brevities sake we leave to the consideration of wise princes and governours . when david was so much moved with these words that he was contented to take another course , which turned both to the comfort of his subjects and his own benefit , the application needeth not . if david were moved thus to do to the comfort of his own subjects only and the abashing of his own private rebels ; how much more have we to desire god to move the queens majesty , by the execution of this lady , to glad the hearts of all true christians in europe , and to abash and damp the minds of all the enemies of god , and friends of antichrist ? obj. it may be objected that thus to proceed is not honourable for the queens majesty . respons . the shadow of honour ( as may evidently appear ) deceived upon like occasion both king saul in sparing agag king of amaleck , and king achab in receiving to his mercy king benhadad , as it is in the example in the second reason mentioned , who did pretend great honour in saving a king , and thought dishonour in the contrary , that one king should kill another ; but mans judgment and gods in such cases are far diverse : for indeed execution of justice upon any person whatsoever , is and ever hath been accounted honourable . ioshua a worthy prince and governour put to death at one time five kings , and that as might appear rudely , causing his souldiers to set their feet on their necks and slay them , and willed them to be stout and not to fear to do it . ioshua . we find also in the scriptures that in this zeal of justice two wicked queens , iesabel and athaliah , both inferior in mischief to this late queen , have been by gods magistrates executed , and the same execution commended in scripture . obj. it may be further objected that the queens majesty in so doing should exceed the limits and bounds of mercy and clemency . resp. indeed a prince should be merciful , but he should be just also . it is said misericordia & veritas custodiunt regem ; but in the next chapter it followeth , qui sequitur justitiam & misericordiam , inveniet vit am . pro. . the prince in government must be like unto him who is not only amiable by mercy , but terrible also by justice ; and therefore is called misericors & justus dominus . mercy oftentimes sheweth it self in the image of justice ; yea and justice in scriptures is by god called mercy , psal. . who smote egypt with their first-born , for his mercy endureth for ever . in that psalm the smiting of egypt with terrible plagues , the destruction of pharaoh , the killing of great and mighty kings are called the merciful works of god , as indeed they were , but mercy towards the people of god , and not towards the enemies of god and of his people . therefore as the queens majesty indeed is merciful , so we most humbly desire her that she will open her mercy towards gods people and her good subjects , in dispatching those enemies that seek the confusion of gods cause amongst us , and of this noble realm . it may also be said that to spare one person being an enemy , a stranger , a professed member of antichrist , and convicted of so many hainous crimes , with the evident peril of so many thousands of bodies and souls of good and faithful subjects , may justly be termed crudelis misericordia . petiliano objiciente deum non delectari humano sanguine : respondet , legimus multos à famulo dei moise misericorditer interfectos . nunquid crudelis effect us est , cùm de monte descendens tot millia juberet occidi ? august . contra literas petiliani . li. . c. . saul & jehosaphat reges fuerunt populi dei , & dum misericordiam iis quos deus oderat praestiterunt , dei offensam in opere pietatis incurrerunt . e contrario phinehas filiique levi gratiam dei humanâ caede & suorum parricidio meruerunt . hierom. the same hierom de origine animae , saith the like , sparing of evil persons is misericors inobedientia . s t augustine also saith , sicuti est misericordia puniens , est etiam crudelitas parcens . object . but happily it may be that some do discredit these reasons by the persons , when they cannot by the matter ; and will put in her majesties mind , that we in perswading her , respect our own danger and fear of peril coming to us , and not right and true judgment : yea , and that it may appear very unseemly and worthy sharp reproof in a bishop to excite a prince to cruelty and blood , contrary to her merciful inclination . resp. as touching the first branch , surely we see not any great continuance of danger likely to come unto us , more than to all good subjects while this state standeth ; and the state cannot lightly alter without the certain peril both of our prince and country . now if our danger be joined with the danger of our gracious soveraign and natural country , we see not how we can be accompted godly bishops or faithful subjects , if in common peril we should not cry and give warning : or on the other side how they can be thought to have true hearts towards god and towards their prince and country , that will mislike with us for so doing , and seek thereby to discredit us . as touching the second branch , god forbid that we should be instruments to incense a merciful prince to cruelty and bloodiness ; neither can we think well of them or judge that they have true meaning hearts , that in the minister of god and officer do term justice and right punishment by the name ofbloodiness and cruelty . god i trust in time shall open her majesties eyes to see and espy their cruel purposes under the cloak of extolling mercy . when the prince or magistrate is slack in punishing the sinful and wicked , the bishop and preacher is bound in conscience before god to exhort him to more diligent and severe dealing therein , lest the blood both of prince and people be required at his hands . . reg. . may the prophet be accounted cruel to incite achab to bloodiness , which so sharply rebuked him for his clemency shewed towards benhadad ? may samuel be justly named cruel , because in like case he reproved saul for sparing the life of king agag , and killed the said agag with his own hands in the sight of the prince ? what shall we say of the prophet elias , shall we call him cruel because in the zeal of justice he killed all the false prophets of baal ? did not god approve his fact with the miraculous sending of abundance of rain after three years continual drought ? but to those men i think god himself and his angels will seem cruel , and his justice cruelty ; that they under the colour of mercy might be spared until time will serve to satisfie their own cruel hearts . an argument perswading that the queens majesty ought to have in conscience a great care of the safety of her own person . every prince being the minister of god and a publick person ought by gods word to have an especial care of his own safety more than a private person ; and chiefly when the case so standeth , that the safety of his realm and countrey , and the true worshipping of god by gods disposition may seem to depend on him . but now so it is in the queens majesty , therefore in conscience ought she to have a singular care of her safety , if not for her self sake , yet at the least for the furtherance of gods cause and stay of her country to the maintenance whereof she is bound before god. moses wished to be put out of the book of life for the safeguard of his people . exod. . paul wished to be anathema for his brethren . rom. . codrus and divers other heathens gave away their lives for the safety of their countries . contrariwise we wish and are humble suitors , that it may please her majesty to preserve her own life , and to cut away the dangers thereof , if not for her own cause which happily her noble courage doth smally regard , yet at the leastwise for gods cause , and for her faithful and loving subjects , whose life and good estate dependeth on her . obj. it may be objected , that her majesty reposeth her trust and confidence in the providence of god , and therefore maketh light of all attempts that her enemies can work against her . respons . surely it must needs be confessed , that the same proceedeth both of noble courage and of a strong faith and trust in god , and ought indeed to be the bulwark of help and comfort to all good and godly princes ; yet so far as they seem not withal to tempt god by leaving that diligence and those ordinary means whereby he useth to save , and deliver . david knew himself to be anointed and appointed israel by god himself , yet he did not rashly cast himself into the hands of saul his enemy . jehosophat and hezechias in their great distresses undoubtedly had their chief trust and confidence in the providence of god , but they ceased not both to shun and cut off all those things whereby danger might grow , and to use all means whereby their safety might be holpen . it is alledged by christ. thou shalt not tempt thy lord god ; but surely it might have been as fafe for christ. without tempting god to have cast himself down from the pinacle of the temple , as for the queens majesty to suffer in her bosom this poisonous serpent , that ceaseth not continually to thrust the sting of her venemous workings into her majesties safety and possession of her crown . it is well said , principum securitas paucorum vitâ redimenda est . there are divers histories yea and examples of late time whereby it hath been declared , that the tempting confidence of gods providence not shunning evident occasions of danger , hath fallen out to the extream hurt of the parties , and on such as have depended on them ; which we think not meet to recite , lest they might seem in this case ominosa , as god for his great mercies sake forbid that they should be . many reasons , authorities and examples more besides this may be taken out of the holy scriptures for confirmation of this purpose ; but for tediousness we thought good to omit them , and to leave the residue to god. in the th chapter of levit. there is much like matter , and that in as earnest manner set forth ; neither can any in conscience think that this punishment was here by god appointed so grievous , only for those that then seduced the people of god to gentilish and heathenish idolatry ; for idolatry and false worship by whomsoever it be begun , though they bear the name of the church or of the people of god never so much ; it is a direct offence against the first table ; and therefore in gods judgment worthy no less punishment . yea their offence must needs be more hainous in the sight of god , for that they have had greater opportunity to understand gods true worship . shall any christian man think , that the worship of god appointed in his law being but the figure , was more acceptable and pleasant to god than this his true worship in the faith of jesus , according to the gospel of our redemption ? or that the violating of the same , or seducing of his people from it , is in his judgment less displeasant or not so grievously to be punished as was the breaking of his law or the seducing from it ? shall we think that the gathering of a few sticks on the sabbath day is to be punished by death in a poor simple person , and the seeking to subvert the gospel of christ and to draw the people of god to that idolatrous doctrine that teacheth to impute the merit of christs blood and passion to wicked mens devices , yea to stocks , to stones , to sticks , to water , to bells , &c. shall not be worthy the punishment of death in a noble person ? god direct our judgments otherways . by these words of god before recited deut. ; if it be evident that god willed his magistrates to spare neither brother , nor sister , nor son , nor daughter , nor wife , nor friend , though he were never so nigh , if he sought to seduce the people of god from his true worship , how much less is an enemy , a traytor , and an adulterer to be spared ? these reasons for the speedy executing of the scottish queen ( being part of those contained in the written copy of the said reasons i had by me , and of which the latter part containeth the petition of the house to her majesty , which see entred at large in their proper places on thursday the th day of this instant may ensuing , are transcribed out of the said written copy , and are added to this days passages , because it is very probable the house did ground their before-mentioned resolution upon them ; although not only the day on which they were first digested in the house be there omitted , but also the very year is through the error ( as it should seem ) of some transcriber falsly set down to have been the thirteenth of her majesty , in which parliament the matter of the scottish queen was not at all mentioned , nor at all dealt in by the house of commons until this present session of parliament in an . reginae eliz. as doth appear plainly by the original journal-book of the same house . and now follows the residue of this days passages , as also the greatest part of the business of this ensuing parliament out of the said original journal-book of the same . this day arthur hall esq being brought by the serjeant to the bar and charged by the house with seven several articles , humbly submitted himself to the house , and confessed his folly as well touching the said articles , as also his other fond and unadvised speech at the bar , and was upon the question remitted with a good exhortation given him by m r speaker at large . vide concerning this matter on saturday the th day of this instant may foregoing . the bill for the jurors of middlesex was committed unto m r robert wroth , m r newdigate , m r dalton , m r cromwell , and m r gent. on tuesday the th day of may , the bill for the assurance of lands late of sir william and sir thomas woodhouse knights deceased , was read the first time and referred unto sir john thynne , sir robert wingfield , m r moore , m r grimston , m r norton , and m r snagg , to confer with the parties and their friends touching their assents to the proceeding of the bill . three bills also of no great moment had each of them one reading ; of which the last being the bill for the town of shrewsbury , was read the third time , and passed the house . the proviso to the bill of decem tales was twice read , and the bill and proviso were ordered to be ingrossed . the bill for rites and ceremonies was read the third time and referred to be considered by m r treasurer , sir thomas scott , m r attorney of the dutchy and others , who were appointed to meet this afternoon in the star-chamber . on wednesday the th day of may , the bill between chatterton and chatterton was read , and committed unto sir nicholas arnold , sir hen. gates , sir george penruddocke , sir hen. wallop and m r cromwell , who were appointed to meet here to morrow morning at six of the clock . the bill for the earl of kent was read the first time . francis harrington esq being one of this house was appointed by the queens majesties most honourable privy-council to repair forthwith to the town of stamford or thereabouts for her majesties service , as by his commission for taking of post-horses bearing date the th day of this month doth and may appear ; which m r speaker commanded to be set down and noted accordingly . the bill for the earl of kent was committed unto m r attorney of the dutchy , mr. popham , mr. bedell , mr. sandes , mr. fenner , mr. dalton , mr. shute and mr. matthew dale ; and the opinion of the house was to leave out the general clause contained in the said bill . the bill for tales de circumstantibus was read the third time and passed the house , and was sent up unto the lords with two other bills of no great moment by mr. treasurer and others ; with further order from this house to make declaration unto the lords of the choice made by this house upon monday last in the great cause . and also to desire to understand their lordships liking of the same choice , and further to pray their good advice and pleasure for further proceeding therein . two bills also of no great moment had each of them one reading ; of which the first being the bill touching presentations by lapse was read the second time and ordered to be ingrossed . mr. treasurer and the residue returning from the lords , mr. treasurer made report of their message done to the lords ; and declared , that the lords had resolved in the great cause amongst themselves much to the like effect with the former choice made by this house . and that their lordships for the better and more speedy proceeding therein do pray present conference with the former committees of this house , who are by the house appointed to attend their lordships presently for that purpose . and further commission also was granted to the said committees to impart unto the lords committees the opinion of this house to be , that for her majesties better safety , present execution be done upon the duke . and the rather by reason of the tract of time which of necessity must arise by occasion of proceeding against the queen of scots , by way of charging her in proper person and hearing of her personal answer . and further , that this opinion of this house shall be delivered to the lords of the upper house in the name of all this house , either by the said lords committees , or else by some of this house , if the said lords committees shall so advise and think good . vide concerning this matter on thursday the th day of june ensuing . three bills lastly had each of them one reading ; of which the last being the bill against hunting and killing of conies was upon the first reading rejected . on thursday the th day of may , three bills of no great moment had each of them one reading ; of which the third being the bill for the true making of callivers , daggs , &c. was upon the first reading committed unto mr. treasurer , sir maurice berkeley , sir nicholas arnold , sir henry wallop and others , who were appointed to meet to morrow in the star-chamber , at two of the clock in the afternoon . the bill for weekes against dennis , &c. was committed unto sir john thinne , sir henry gates , sir hen. wallopp , sir geo. turpin and mr. moore , and others , who were appointed to meet upon wednesday next at two of the clock in the afternoon in the star-chamber . the bill against vagabonds and for relief of the poor was read the second time , and referred to be considered by sir henry gates , mr. serjeant lovelace , mr. yelverton and others , who were appointed to meet in this house to morrow at six of the clock in the morning . upon declaration made unto this house by mr. speaker from the queens majesty , that her highness pleasure is , that from henceforth no bills concerning religion shall be preferred or received into this house , unless the same should be first considered and liked by the clergy . and further , that her majesties pleasure is to see the two last bills read in this house touching rites and ceremonies : it is ordered by the house , that the same bills shall be delivered unto her majesty by all the privy-council that are of this house , mr. heneage , and mr. doctor wilson master of the requests , or by any four of them . the bill to avoid the multitude of rogues and vagabonds , was read the first time . upon the reading of the bill exhibited by weekes against dennis , it was commanded by the house to be set down and entred , that in all matters preferred and offered to this court between any private persons , and wherein the bill shall by order of this house be thought good to be committed , those committees shall make their reports thereof unto this house , in the presence of both the parties and of their learned councel . three bills lastly of no great moment had each of them one reading ; of which the third being the bill for the jurors of middlesex , was upon the second reading committed unto mr. robert wroth , mr. newdigate , mr. dalton , mr. cromwell and mr. gent. on friday the th day of may , two bills of no great moment had each of them one reading ; of which the first being the bill for the city of worcester , was read the second time and ordered to be ingrossed . mr. comptroller in the name of all the committees in the great cause declared from her majesty her very good and thankful acceptation of the great care of this house for her majesties safety ; and that moved partly in conscience and partly in honour , minding to defer , not to reject the determination of this house to proceed in the choice of a bill against the scottish queen in the highest degree of treason both in life and title , liketh better with all convenient speed to proceed in a second bill to the other part of the said former choice , which her majesties pleasure was should be signified unto this house by those of her privy-council being of this house , and so likewise to the lords by some others of her privy-council , being also of that house . vide concerning this business on thursday the th day of june following . upon a motion made by mr. speaker it was agreed by the house , that the former committees shall signifie unto the lords of the upper house , that after declaration made unto this house from her majesty of her disposition to have the second part of the former choice proceeded in with expedition , and to defer and not to reject the first part of the same ; this house nevertheless with one whole voice and consent , do still rely upon the said first part as most necessary , without any liking or allowance of the second . and further to make request unto the lords to understand whether upon the like report of her majesties like pleasure declared unto their lordships , that they of that house do think good nevertheless to continue the proceeding with the former choice like as this house doth ; and if yea , then to confer further with their lordships for their good advices and joining therein accordingly . and also to signify unto their lordships that the whole opinion of this house is , that her majesties safety cannot stand without execution of the duke this present session . and that it might please their lordships in petition thereof unto her highness to join with this house . vide concerning this matter on saturday the th day of this instant may ensuing . four bills also of no great moment had each of them one reading ; of which the last being the bill for weights and measures , was upon the second reading committed unto sir nicholas arnold , sir owen hopton , sir rowland hayward , mr. recorder of london , mr. thomas browne , mr. stanhope and others , who were appointed to meet to morrow in the afternoon in the temple church . mr. treasurer reported to the house the delivery of the two bills of rites and ceremonies to her majesty , together with the humble request of this house , most humbly to beseech her highness not to conceive ill opinion of this house , if it so were that her majesty should not like well of the said bills , or of the parties that preferred them . and declared further , that her majesty seemed utterly to mislike of the first bill , and of him that brought the same into the house : and that her highness express will and pleasure was , that no preacher or minister should be impeached or indicted , or otherwise molested or troubled , as the preamble of the said bill did purport : adding these comfortable words farther , that her majesty as defender of the faith , will aid and maintain all good protestants to the discouraging of all papists . two bills also of no great moment had each of them one reading ; of which the first being the bill for the free grammar-school of tunbridge , was read the first time and committed unto m r recorder of london , m r coleby , m r norton , m r matthew dale , who were appointed to meet upon monday next in the afternoon in guildhall . m r attorney and m r sollicitor brought word from the lords , that touching the petitions lastly made unto them this present day by this house , their lordships will to morrow at eight of the clock in the forenoon have conference together therein , and so then make answer of them unto this house . on saturday the th day of may , four bills of no great moment had each of them one reading ; of which the last being the bill against injuries offered by corporations in the city of london to divers foreign artificers , was read the first time , and committed unto m r seckford , sir owen hopton , sir rowland hayward , m r moor and m r cure , who were appointed to meet upon monday next at three of the clock in the afternoon in the guildhall . m r serjeant barham and doctor huick brought from the lords three bills , viz. the bill of tales de circumstantibus , heretofore passed this house to have certain words therein inserted . an act against such as shall conspire or practise the enlargement of any prisoner committed for high treason ; and an act for the punishment of such as shall rebelliously take or detain from the queens majesty any castles , fortresses , &c. the bill for preservation of timber and fuel was read the time and passed , and was ( with four other bills of no great moment ) sent to the lords by m r treasurer and others , with further commission to have conference with their lordships touching some amendments to be had in the bill of vagabonds , and also touching the opinion of this house for the necessity of the speedy execution of the duke ; and also to pray their lordships answer to the petition of this house made yesterday unto them as for their liking to proceed with the first part of the former choice , and for their advices and conjoining with this house in the order of the same proceeding . the bill for planting and setting of hops was read the first time . m r treasurer and the residue returning from the lords , m r treasurer made report of the delivery of the said bills to the lords , and of the residue of their said commission from this house to their lordships , with answer from them , that they like well and allow of the opinion of this house to proceed in the first degree of choice in the great cause , and that their lordships will therein join with this house , and have appointed to have conference with the committees of this house this afternoon in the star-chamber , for the order and manner of the same proceeding ; and then also with the same committees to have conference touching the bill of vagabonds ; and that as touching petition to be made to the queens majesty for the present execution of the duke , their lordship 's not misliking the opinion of the house in that matter , neither discouraging this house in that enterprize , do refuse to join with this house in that petition to her majesty ; for the duke having had his tryal by them of that house , their consent and liking in the matter is thereby sufficiently manifested already . m r attorney and m r sollicitor declared unto this house from the lords , that their lordships do desire that those committees which were appointed to meet with them this afternoon , may have authority from this house to make choice of a number of themselves to accompany the lords unto the queens majesty , for the reporting and maintaining of such reasons as upon their said conference shall be first propounded and yielded amongst them touching the great cause . this court was adjourned until wednesday next ; and upon sundry motions it was resolved , that all such of this house as shall think good to exhibit or prefer any reasons or causes to enforce the matter of the dukes execution , may in the mean time of the next session deliver them in writing to m r speaker at their choices and pleasures , to the end that this court may further proceed to the manner and order of sig nifying the same petition to her majesty accordingly . on wednesday the th day of may , it was signified unto this house by m r speaker , that the queens majesties pleasure was , that all they of this house being of the committees in the great cause , and appointed by them out of themselves to come to her highness presence , shall all attend at the court this present day at eight of the clock in the forenoon for the same purpose accordingly : which message was so delivered unto m r speaker now in the house , by one of this house sent unto him from m r treasurer . but to what end or purpose the said m r treasurer with other members of the house were appointed to attend upon her majesty , doth not appear or can at all be gathered by the original journal-book of the house of commons ; but it was doubtless to agitate and treat of the great business touching the scottish queen : and it is very probable that the members of the said house did at this time offer up their petition and reasons to her majesty for the speedy execution of the said queen ; all which i have thought good to insert in this place out of a written copy thereof i had by me , although they are there falsly referred to the parliament foregoing which was in an. regin . eliz. as were also other reasons there contained , which are referred unto monday the th day of this instant may foregoing . an humble pētition to her majesty and the reasons gathered out of the civil law by certain appointed by authority in parliament , to prove that it standeth not only with justice but also with the queens majesties honour and safety to proceed criminally against the pretended scottish queen . we your majesties most humble and faithful subjects assembled in parliament for preservation of your royal person and estate , do highly acknowledge the great goodness of god that hath chosen and appointed such a soveraign to reign over us as never subjects by any record ever had a better ; and therefore our hearty prayers are daily and ever shall be to almighty god , long to preserve your most excellent majesty in all and most perfect felicity that ever creature had or might have upon earth . and whereas the highest and chiefest states are ever more envied of all such as be the worst and greatest disturbers of gods monarchy and his anointed jurisdiction , we cannot but with a care of mind and force of our bodies seek to redress what soever shall be thought hurtful to your majesties safe quietness and most blessed government . a queen of late time , and yet through her own acts now justly no queen , a nigh kinswoman of your majesties and yet a very unnatural sister , lady mary steward , late queen of scots , being driven through violence and force of others to take harbour in your majesties realm for the safeguard of her life , hath not only had your majesties most gracious protection , but also was saved within her own realm by your majesties authority from execution of death for her most horrible and unnatural doings there , known throughout europe to her perpetual infamy and shame for ever . and albeit upon her first coming your highness might both by law and justice have dealt with her judicially for her attempts made by writing and otherwise against the crown and dignity , and to the disherison of your most royal person for ever ; yet your majesty in consideration of her long dangerous troubles in her own realm , and in hope that such great adversities would have been good lessons for her amendment hereafter , hath not used her in any such manner as she hath deserved : but rather forgetting or forgiving after a sort her former doings , hath dealt with her like a good and natural sister . all which notwithstanding this unnatural lady ( being born out of kind as it should seem ) hath altogether forgotten god and all goodness , abusing her self , as it appeareth , most treasonably against your majesties person and state , and seeking and devising by all means possible not only to deprive your majesty of all earthly dignities and livings , but also of your natural life ; which thing is found by evident proofs , and by the judges of your realm declared to be most horrible and most wicked treason that ever was wrought against any prince . for which her doings her majesty minding to touch her in honour , esteemeth her a person unworthy of any hope or title , preheminence or dignity within this your land ; and therefore not seeking to deal with her according to her desert is only contented to have her disabled as a person not capable of princely honour . and thus your majesty using this course thinketh it the meetest way to establish your self and to quiet your dominions hereafter , taking away hereby the hope of such as do depend upon the pretended title , and weakning the whole strength of that faction . and for further assurance of your majesties quietness your highness doth not mislike to have grievous pains of high treason laid upon all such as shall attempt and maintain her pretended title by any manner of way . thus as evil men shall be kept back from intermedling in the maintenance of a title , so may your majesties true and faithful subjects be much emboldened to deal against this pretended queen and her adherents , when your subjects shall see a law set down for your avail , and your enemies shall want forces and wax weak thereby , and your true subjects greatly hardened for all offences . moreover if the said pretended queen shall hereafter make any attempt of treason , the law so to run , that she shall suffer pains of death without further trouble of parliament . and if any shall enterprise to deliver her out of prison after her disablement , either in your majesties life , or after the same , to be convicted immediately of high treason , and her self assenting thereunto to be likewise adjudged as a traitor in law. in all which proceedings your majesty thinketh to deal both safely and honourably , as well for your self as for your state. for thereby it seemeth that neither shall she nor any for her hereafter dare deal to do harm ; but also all foreign princes and nations will think much honour of such your merciful proceedings . and lastly , whereas she hath fallen into your hands from the violence of others , and so as a bird followed by a hawk seeketh succour at your majesties feet ; your highness thinketh your self bound in honour , for that she is your sister , and a queen born , not to proceed further , only to her disablement , counting it a strong work for your safety . these be the reasons which in part may move your majesty to take this course , as we do conceive . all which notwithstanding , if it it might please your most excellent majesty to suffer your poor and faithful subjects to enter deeply upon good search of this cause , and by way of reply to make answer with proceeding by just proofs for your majesties safety , we doubt not but with your highness favourable acceptation , all that which hitherto hath been uttered is rather a declaration of that most mild and gracious nature of yours , than any assurance for your person and state at all . reasons answering the former arguments . may it therefore please your majesty , whereas it is said , that it standeth to very good purpose to proceed only in disabling the scottish queen for any claim or title to the crown ; we take it , by your majesties favour , that such and especially disabling of the scottish queen is in effect a special confirmation of a right that she should have had . quia privatio praesupponit habitum . and further we do take it for a known truth , that by the laws and statutes in this land now in force , she is already disabled , and therefore it is to small purpose , rem actam agere . and for answer unto the premisses we say further , that neither shall this weaken others that are evil minded , but rather strengthen them in their mischief , and make them desperate where there is no other remedy . and a firebrand once kindled and finding apt matter to work upon , will hardly be quenched without a great hazard . touching the grievous pains laid upon those that shall deal , those will be little feared , by the wicked , whom hope of gain maketh more bold than such pains do appall . besides , nature given to this nation and all others that are under the moon , maketh men often-times stir without cause , and as plato saith , naturales sunt conversiones rerum pub . yet they that heretofore have born armour as traytors , not fearing the law then in force , which did as much restrain them as this or any law to be made can be able being desperate will fear no laws , especially such an instrument living by whom all attempts are to be wrought . force overthroweth justice , till the cause of all mischief , which is the hoped help , be clean taken away . and where it is said that the making of a law for her disabling emboldneth much your subjects to deal against her : we answer that no new law needeth to encourage good and loyal subjects against such a person , who hath broken all the laws of god and nature , and is worthy to be out of your majesties protection , because she seeketh still the disturbance of this noble state , and using often her own phrase threatneth that she will stir coals . touching a new law to be made against her , if she should attempt any evil hereafter ; the experience of her former life is such that no law hath any force with her , that is fully minded to take her advantage upon any apt occasion offered . and to threaten her with death if she should seem to make an escape hereafter , is such advice that she nothing feareth ; for besides that she was told at lough-leaven , there was no way but death with her if she would not take her imprisonment quietly and live without seeking liberty , she notwithstanding adventured her self with a young fellow very dishonourably to get away in a boat. and now since her coming into england she hath wrought divers wayes to make an escape , and imployed the heads of the chiefest estates of your own disloyal subjects for that purpose . therefore menacing and but threatning words of law shall not keep her back from her malicious intent to subvert your majesty , and to give a push for the crown , come of her what will. and likely it is that she may escape as well as be taken , for she neither wanteth wit nor cunning to make her way . and we have learned in matters of great hazard to be well advised and to take always that order which may be the best . now there will want no traytors to be always ready to bring this her device about , and to do what they can for her liberty . and such as will not deal in small matters will adventure deep for a kingdom , because the reward is great when the service is done . but your majesty hath regard unto your honour as much as to your safety ; and thinketh that in taking this course all princes will speak well of your highness . may it please your majesty , we your good subjects do well like of so honourable a meaning ; but we would be loth to see that when you have such regard of honour , you do thereby lose your state , and so your life , honour and all . for if it should fall out that the scottish queen escaped your hands ( which christ for his mercies sake forbid ) all good princes would think great want of judgment and foresight , first in your majesty , next in your councel , last of all in all the whole nation ; and such a grief it would be to your majesty and subjects , and to all other good christian princes throughout europe , as none could be greater . again , such a matter of comfort and triumph it would be to the adversaries , that they would account her escape a miraculous work of god , and that your majesty had no power though will to keep her safe . and when that day should come , wo be to all true christians universally ; for upon her do depend the chiefest enemies of religion , and to this kingdom . may it please you therefore most gracious queen to be well advised and to take sound counsel when it is given ; knowing this for a certain truth , that evil foreseen and advisedly looked unto , doth ever the less harm . but still your majesty considering the great troubles that she hath had , and forgetting or not greatly esteeming what troubles she hath brought unto your realm , doth by a merciful respect of your most gracious nature , rather bend to do good to her than to seek safeguard for your self . and seeing here your sister though unnatural , and also a queen by birth , although not worthy of life , cannot but rather hazard your own self than deal with her according to her deserts . this your majesties nature being thus known , it behoveth all your good subjects , most gracious soveraign , to call and cry to god for his heavenly assistance , that his power may be given to you , next after the advancement of his glory , to seek assuredly your own safety ; which your majesty cannot fully do by this means that hath hitherto been taken , or hereafter to be used . therefore it would please your most excellent majesty to give ear to the sound reasons of your most faithful subjects , and rather deal certainly than by chance ; and there is no doubt but your majesty shall avoid all apparent dangers , and live in all safety and honour , to gods glory and to the comsort of all good christian princes universally . thus much against the opinion of disabling the scottish queen ; whereby it appeareth that it will be rather for her benefit , than to her hurt . and most certain it is , that it will be dangerous for the state divers ways ; whereas dealing with her in the first degree according to her deserts , the same is lawful , safe , necessary and honourable for your majesty and all christendome besides . and because it may appear that this speech is grounded upon law and reason , there shall be arguments in law alledged sufficiently for this matter , as the shortness of time may serve . civil reasons for doubt of answer . a confederate being in the country of his confederate is to be punished as though he were a subject . every person offending is to be tryed in the place where he committeth the crime , without exception of priviledge . a king passing through another king's realm , or there resident , is but a private person . the dignity of the person offending encreaseth the offence . reat us omnem honorem excludit . a king deposed is not to be taken for a king ; and therefore frederick king of naples being deprived by the king of spain , was afterwards judged to be no king by sentence . a king though not deposed may commit treason . diotorus a king consederated with the romans was criminally judged by caius julius caesar , for that he conspired to have slain the said julius caesar at a banquet . joan queen of naples was put to death for that she gave her consent to the murther of her husband , and caused him to be hanged out at a window . henry the seventh emperour did give a solemn judgment of death at pisa . against robert king of sicil , for that the same king had entred into conspiracy with the subjects of the emperour : and yet was not king robert within the jurisdiction of the emperour at the time of the conspiracy , neither at the time of the judgment . it standeth with the law of nature which is immutable , for any person to proceed for the safety of himself and his charge . great offences in the highest degree ought not to be punished for any affection of kindred . justice , equity and common-wealth , are to be preferred before the affection of kindred . quia arctiora sunt vincula virtutis quàm sanguinis . an offence of the highest degree against the prince being the head of the political body , is an offence to every member of the same , and requireth sharp punishment for preservation of the whole . the intent of offences in the highest degree is punished with death , although the execution of the intent doth not follow . the benefit and priviledge of safe conduct is lost by any crime committed after the grant made thereof . administration of justice cannot but be honourable . all just and honourable dealings are pleasing to god and profitable to the prince and state. execution of justice is void of all injury . it is dangerous for the state to swerve from the ministration of justice and the due execution of law. to spare offenders in the highest degree , is an injury to the prince and state of the realm . poena unius salus multorum . the loss of life is the penalty appointed for treason ; and the loss of lands and goods with the possibility of title , cometh but in consequence and unnecessarily . punishment ought to be equal with the fault , and he that ministreth less punishment than the fault deserveth , doth not execute the law according to the rules of justice . reasons to prove that it standeth not only with justice , but with the queens majesties honour and safety , to proceed criminally against mary steward late queen of scots , for her treasons committed against her majesty and this realm . a confederate being in the country of his confederate , for a crime committed , is there to be punished . cod. & de captivis & post termino reversis , verba legis , at si sunt apud nos rei ex civitatibus foederatis , in eos damnatos animadvertimus . therefore although the scottish queen were a confederate , yet she is to be used in like fort as a subject . item , there is no person of what degree soever he be , but is there to be tryed where the crime is committed without exception of priviledge . cod. ubi de criminibus agi oporteat , verba legis , qua in provincia quis deliquit , aut in qua pecuniarum aut criminum reus sit , ibi judicari debet , & hoc jus perpetuum sit . but the scottish queen here hath offended . ergo. item , every person is to be condemned and adjudged equally . in crimine laesae majestatis verba legis . in crimine laesae majestatis aequa est omnium conditio . ad legem juliam laesae majestatis . but she hath fallen in crimen laesae majestatis . ergo. item a king in another kings territory may commit treasons as another private person , corectus de potestate regia n o . verba , quaero utrum rex non habens justum titulum regni incidat in crimen laesae majestatis . respondeo , quod sic , secundum bartol . in legem duodecim tabularum , & in legem prim . ff . de crimine laesae majestatis . but the scottish queen hath offended here in england . ergo. a king passing through another king's realm or there resiant , is but a private person . bartolus duodecim . libro de dignitatibus , verba , sed tamen dubitatur si rex vel baro transit per alias partes extra regnum suum , utrum possit creare milites : et videtur quod non , quia ibi privatus est homo . ff . de praefecto urbis . ff . de officio praesidis . praeses in homines suae provinciae imperium habet , & hoc dum est in provincia . . coll. penult . verba , quilibet rex extra suum territorium privatus est . lapus in allegatione , censetur ad instar privati . but the scottish queen being here in england is out of her territory . ergo to be punished as a private person . every person of what condition soever he be , either superior or equal , submitting himself to the jurisdiction of another , is to be judged by him to whom he submitteth himself . l. est receptivum ff . de judiciis , verba , est receptivum eoque jure utimur , ut siquis major vel equalis subjiciat se jurisdictioni alterius , potest ei & adversus eum jus dici . but the queen of scots , although she were a queen and thereby equal , by committing hainous treason , hath submitted her self to the queens jurisdiction . paulus de castro in dictam legem est receptivum ff . eo , verba ejus enim , major vel aequalis potest se subjicere jurisdictioni ordinaliter alterius judicis minoris vel paris tacite , si judex unius territorii delinquat vel contrahat in territorium alterius judicis vel minoris vel paris , quia ratione delicti vel contractus sortitur ibi forum . rota de definitionibus de judiciis , ille qui delinquit , per delictum amisit mercem imprim . & sic factus est alius privatus ; & sic compar potest eum punire . quilibet in suo territorio est major alexandro . but the scottish queen having committed high treason within this realm , hath by contraction of law submitted her self to this jurisdiction , and therefore to be punished as another private person . and although it be said that one that is not subditus , non potest committere crimen laesae majestatis ; yet that saying is to be taken , whereas the crime is committed out of the jurisdiction : but if it be committed within the jurisdiction , then there to be punished . papa in clementinam de sententia & re judicata . and albeit the pope did reverse the same sentence ; yet he saith , that if the party had been within the jurisdiction of the superior at the time of the crime committed , and judgment to the party offended , he had been justly condemned , &c. verba papae , quod si rex infra districtum imperiale suisset invenitus delinquens , potuisset contra eum scntentia dici . lo here the pope declareth plainly that she here offending may justy here be punished in poena capitis . item , a king deposed is not afterwards to be taken for a king. thomas de turrecremeta definitione . rex regno privatus non est amplius rex . but the queen of scots is deprived . ergo. the benefit or priviledge of safe-conduct is lost when any crime is committed after the safe-conduct granted . angelus de maleficiis , in verbo publica fama . but the queen of scots hath committed against the safe-conduct since her coming into the realm . ergo. the will and mind in treasons is punished equally as the act. cod. ad legem juliam laesae majestatis , verba legis . in crimine laesae majestatis voluntatem sceleris aeque ac effectum puniri jura voluerunt . but the scottish queen hath not only had the affections , but hath notoriously proceeded to the actions . ergo. neither is it any new or rare thing for kings and queens to be adjudged and condemned for treason ; for henry the seventh emperour did give a solemn judgment of death at pisa , a. d. . against robert king of sicily . diotorus was likewise condemned by julius caesar ; and joan queen of naples for murthering her husband , and hanging him out of a window . punishment ought to be equal to the offences committed . ss . de poenis ; but death is the penalty appointed for treason . ergo. the foregoing petition and reasons for the speedy execution of the scottish queen being thus transcribed out of the before-mentioned written copy of them i had by me , now follows the residue of this days passages and of this ensuing journal out of the original journal-book of the house of commons it self in manner and form following . two bills of no great moment had each of them one reading ; of which the second being the bill for cogshall and bocking , was read the first time . the proviso to the bill for worcester was twice read and ordered to be ingrossed . the bill for the free grammar-school in tunbridge was committed unto sir tho. scot and others to meet to morrow in the afternoon at three of the clock . the bill for the explanation of the statute of h. . for recoveries , was read the third time , and committed to the former committees ; unto whom also were added m r serjeant lovelace , m r attorney of the dutchy , m r popham and m r townesend , who were to meet this afternoon in the temple church . m r treasurer declared , that he and certain others of the committees chosen by themselves out of themselves do presently come from her majesty ; and that her majesty doth very thankfully accept the good will and zeal of this house in their carefulness for her majesties safety and preservation ; and that as her majesty thinketh the course chosen by this house , and wherein the lords have joined with this house , to be the best and surest way for her majesties preservation and safety indeed ; yet her highness for certain respects by her self conceived thinketh good for this time to defer , but not to reject that course of proceeding as yet ; and in the mean time with all convenient speed to go forward in the great matter against the scottish queen with a second bill , being the other part of the said choice heretofore offered to this house . and that her majesty minding in that bill by any implication or drawing of words not to have the scottish queen either enabled or disabled to or from any manner of title to the crown of this realm , or any other title to the same whatsoever touched at all , willeth that the bill be first drawn by her learned councel , and by them penned before the same be treated of or dealt in , in this house . and that in the mean time of bringing in of the said bill , this house enter not into any speeches or arguments of that matter . and that her majesty hath likewise signified the same her like pleasure unto the lords of the upper house by some of the said committees of the same house . vide concerning this matter on thursday the th day of june following . m r attorney and m r sollicitor declared from the lords that their lordships have appointed six of themselves which were with the queens majesty this forenoon at the exchequer , and that they have appointed the judges there to attend them ; and pray that a convenient number of such of this house as were also with her highness , might with some others of this house meet there with their lordships for further conference , and thereupon were for that purpose appointed by this house , m r treasurer . m r comptroller . m r chancellor of the dutchy . m r chancellor of the exchequer . sir maurice berkeley . sir tho. scott . sir hugh pawlett . sir john thynne . sir hen. gate . m r d r wilson master of the requests . m r serjeant lovelace . m r attorney of the court of wards . m r recorder of london . m r moor. m r mounson . m r popham . m r attorney of the dutchy . m r sands . m r norton . m r atkins and m r dalton . nota , that it is not certainly set down why these forenamed committees were nominated ; but as is most probable , they were appointed either for the great business touching the scottish queen , or the execution of the duke , or both . the resolution of this house upon the question was , that petition should be made by this house unto her majesty for the present execution of the duke , and that the same petition shall be digested and put in writing against to morrow morning , and be then delivered to m r speaker , to the end he may move her majesty in the behalf of this whole house in such sort as this house shall further appoint him . vide concerning this matter on saturday the th day of this instant may ensuing . on thursday the th day of may , two bills of no great moment had each of them one reading ; of which the second being the bill for partition of the lands to be made between the lord latimer and sir robert wingfeild knight , was read the second time and ordered to be ingrossed . m r chancellor of the exchequer , m r attorney of the dutchy , m r attorney of the court of wards , and m r boyer , were added to the former committees for the school of tunbridge ( who were appointed on friday the d day of this instant may foregoing . ) three bills also had each of them one reading ; of which the second being the bill against the multitude of rogues and vagabonds , was upon the second reading rejected . m r doctor lewes and m r doctor huick did bring from the lords a bill touching the annexing of hexham and hexamshire to the county of northumberland . the bill lastly for vagabonds was committed unto m r treasurer , m r comptroller , m r attorney of the court of wards , m r sands , m r mounson , m r marsh , m r sampole , m r cromwell , and m r boyer , who were appointed to meet to morrow between five and six of the clock in the morning ; and such of them as can , to meet in the mean time in the temple church at three of the clock . on friday the th day of may , the bill for sir william harper was upon the first reading committed unto sir hugh pawlett , sir john thynne , sir maurice berkley , m r d r wilson master of the requests , m r atkins , m r nicholas hare , and m r matthew dale , who were appointed to meet upon monday next in southwark in the court-house there at two of the clock in the afternoon , and the parties to be warned by the serjeant . five bills of no great moment had each of them one reading ; of which the last being the bill touching grants by corporations , were read the second time , and committed unto m r seckford master of the requests , m r serjeant manwood , m r popham , m r bedell , m r thimbleby , m r snagg , m r fenner , and m r grimsditch , who were appointed to meet at three of the clock this afternoon in the temple church . the committees for the free grammar-school of tunbridge were appointed to meet at three of the clock this afternoon in the guild-hall . upon the question it was resolved by this house touching the bill of vagabonds , that the words minstrells , bearwards , pedlers , &c. shall not be put out of the bill , but stand still in the same , qualified by licences of the justices of the peace in such sort , as upon the committee hath been considered and agreed upon , with this condition also , that if the lords shall not agree to that qualification , then this house will not be so bound by the said resolution , but that they may alter and change the same at their liberty and pleasure , if they shall so think good . martin cole one of the burgesles for the borough of sudbury in the county of suffolk , was for his great business and affairs licensed to be absent for eight dayes . on saturday the th day of may , three bills of no great moment had each of them one reading ; of which the third being the bill against recoveries suffered by tenants for term of life , was read the second time , and committed unto m r attorney of the court of wards , m r recorder of london , m r mounson , m r popham and others , who were appointed to consider of the said bill sitting the court. the bill for the earl of kent was read the first time , and committed to the former committees , and to meet at the temple church to morrow at two of the clock in the afternoon . upon the question moved whether upon a former motion now made by m r treasurer for respiting of the petition to her majesty touching the execution of the duke , for that it may be her majesty will cause the same to be done rather of her own disposition than being thereunto pressed by petition of this house ; it is resolved , that neither this present day nor in the mean time of the next session of this house any consultation be had touching any proceeding in the said petition . vide concerning this business on friday the th day , friday the th , and on wednesday the th day of this instant may foregoing . four bills lastly of no great moment had each of them one reading ; of which the first being the bill against such as shall practise to enlarge any person committed to prison for high-treason , was read the first time . on monday the second day of june , four bills of no great moment had each of them one reading ; of which the last being the bill against recoveries by collusion suffered by tenants for term of life , was read the second time , and ordered to be ingrossed . sir tho. scott and sir george turpin knights , were added to the former committees in the bill for the earl of kent , ( whose names see on wednesday the th day of may foregoing ) with authority given by this house to the said committees or any six of them , to proceed and to meet at the temple church to morrow at three of the clock in the afternoon . the committees in the bill for sir william harper , were appointed by this house to meet this afternoon at the marshalsea , and not at the court-house in southwark . the proviso for the prisoners in the marshalsea unto the bill of vagabonds , was rejected upon the question . and the proviso for m r dutton allowed and passed the house . the bill against vagabonds and for relief of the poor , with the amendments and provisoes passed upon the question . on tuesday the third day of june , seven bills of no great moment had each of them one reading ; of which the last being the bill against transporting of leather and tallow out of the realm by way of merchandize , was read the third time . the bill of vagabonds and the bill of tales de circumstantibus , were sent up to the lords by m r comptroller and others . the bill also against recoveries suffered by collusion by tenants for term of life and such others , was read the third time and passed upon the question . m r serjeant barham and m r doctor lewes did bring from the lords three bills ; of which one was for the assizes to be kept at stafford , and the third for the severance of the sheriffwicks of huntington and cambridge . m r chancellor of the dutchy , m r chancellor of the exchequer , sir hugh pawlett , sir tho. scott , m r seckford , m r serjeant lovelace , m r serjeant gefferies , m r attorney of the dutchy , m r popham , m r mounson , m r yelverton , m r cooper , m r beamond , m r sampole , and m r knyvet , were appointed to meet at the savoy at three of the clock this afternoon , at m r chancellors of the dutchy , for conference in the bill of fraudulent conveyances of lands . on wednesday june the th , five bills of no great moment had each of them one reading ; of which the last being the new bill for assurances by corporations , was read the first time . the bill also for the city and soke of winchester was read the second time , and ordered to be ingrossed . upon the question it was ordered by this house , that the lord compton do , before the committees , make his answer to morrow in the afternoon in the star-chamber at three of the clock . unto the bill exhibited by the earl of kent , which was in open court signified unto the lord compton , and upon another question day was given unto both the said parties with their councel to be here present at the report of the committees upon friday next in the morning , unless the same committees shall upon further motion of this house , for that purpose , in the mean time pray saturday . m r serjeant barham and m r doctor huick did bring from the lords the bill to revive an act against the transporting of leather , tallow , and raw-hides . m r treasurer , m r comptroller , and m r chancellor of the dutchy , were added to the former committees for the earl of kent his bill . the bill for the true making , proving and marking of calivers , and the bill for the school of tunbridge , were each of them read the third time and passed the house , and were with two others sent up to the lords by m r chancellor of the dutchy and others . the bill against such as shall keep or detain from the queens majesty any castles , fortresses , &c. the bill against such as go about to enlarge any person imprisoned for treason , and the bill for annexing of hexam and hexamshire to the county of northumberland , were each of them read the second time ; but no mention is made that they were either referred to committees or ordered to be ingrossed , because they had been formerly sent from the lords . on thursday the th day of june , three bills of no great moment had each of them one reading ; of which the first being the bill for the severance of the sheriffs in the counties of surrey and sussex , was read the first time . the bill for the city of worcester was read the third time , and was rejected upon the division of the house , with the difference of six persons . five bills of no great moment had each of them their third reading , and passed the house , and were sent up unto the lords by m r treasurer and others ; of which one was for partition of lands between the lord latimer and sir robert wingfeild knight , and another for plumstead marsh. m r serjeant barham and m r attorney general , did bring from the lords the bill against mary the daughter and heir of james the fifth late king of scots , commonly called the queen of scots , with recommendation of the said bill from their lordships , and pray a present reading thereof this day . and did further signifie , the time of the year considered , the queens majesties pleasure is , that this house do proceed in that and other weighty causes , laying apart all private matters . vide thursday th of june postea . the bill against mary commonly called the queen of scots , was read the first time . on friday the th day of june the bill for coggshall cloaths was read the second time , and ordered to be ingrossed . the serjeant was commanded by the house to warn andrew fisher , that he make his personal appearance here presently this forenoon immediately , after that the lords now dealing in the committee of his cause , shall have left off their present conference . and sir thomas scott , m r s t leger , m r norton , and others of the committees of this house in the matter before the bill passed , were presently sent from this house to the said lords committees , to inform them of the former proceedings of the said committees of this house in the matter . four bills had each of them one reading ; of which the last being the new bill against fraudulent gifts and conveyances of lands , was read the first time . the bill against the bringing in of foreign wares forbidden was stayed the third reading till another time . the bill against mary commonly called the queen of scots , was read the second time . m r chancellor of the dutchy , m r chancellor of the exchequer , m r serjeant manwood , mr. attorney of the dutchy , mr. attorney of the court of wards , mr. popham , mr. mounson , mr. yelverton , and mr. norton , to have conference for the understanding of the bill against mary commonly called the queen of scots , to meet this afternoon , and all arguments to be received as upon the second reading of the bill , until it shall be read the third time . it is ordered by the house to sit at afternoons from three of the clock till six , and to proceed but only in private bills , and not to go to the question of any such bill if it concern any town or shire , unless the knights of such shire or shires , or the burgesses of such town or towns shall then be present . andrew fisher being called this day to the bar and charged with certain objections , was further adjourned to make his appearance here in this court to morrow next coming . post meridiem . in the afternoon two bills of no great moment had each of them their first reading ; of which the second was the new bill for weights and measures . mr. weekes and mr. dennis with their councel were appointed to be heard to morrow at three of the clock in the afternoon , and dennis at his peril for the other to be heard in his absence . day was given to the earl of kent and the lord compton , with their councel on both sides , to be heard to morrow at four of the clock in the afternoon . on saturday the th day of june , eight bills of no great moment had each of them one reading ; of which the last being the bill against covenous vouchers , and another for woodstock , were each of them read the second time , and ordered to be ingrossed . the bill for sir william harper knight , was read the first time , being a new bill . mr. attorney and mr. doctor huick brought from the lords the bill against such as do withhold from the queens majesty any forts , &c. with certain amendments by their lordships added unto the former amendments of this house . mr. coleby and mr. flowerdew , were added to the former committees in the bill against mary commonly called the queen of scots . post meridiem . in the afternoon , the bill that none serving any subject shall be a justice of peace or high constable , was read the first time . the bill for repairing the wayes and bridges near oxford was read the second time ; but no mention is made that it was either referred to committees or ordered to be engrossed , because it had been sent from the lords . upon the argument in the matter between the earl of kent and the lord compton , by their learned councel of both sides , this house thinketh good to be further advised upon the matter , and so it was signified unto their lordships and their councel . on monday the th day of june , the bill for mr. smith was read the first and second time , and ordered to be ingrossed . the bill that no servant of any subjects shall be a justice of peace or high constable , was read the second time and ordered to be engrossed . mr. sandes , mr. fenner and mr. shute , were appointed presently to consider and correct the bill of my lord of kent , exhibited against the lord compton . three bills also of no great moment had each of them one reading ; of which the second being the bill for explanation of the statute of fugitives was read the third time , and with the bill for presentations by lapse , and two others of no great moment sent up to the lords by mr. treasurer and others . upon the question it was resolved by this house that some committees of this house be appointed to have conference with the lords touching the proviso to the bill against mary commonly called the queen of scots . mr. comptroller , mr. treasurer , sir thomas scott , mr. doctor wilson , master of the requests , mr. recorder of london , mr. cromwell , mr. langhorne , mr. fenner , mr. snagg , mr. dalton , mr. s t leger , and mr. cowper , were for that purpose added to the former committees . vide touching this matter on thursday the th day of this instant june following , and monday the th of may foregoing . post meridiem . in the afternoon three bills of no great moment had each of them one reading ; of which the first being the bill for the severance of sheriffs in the counties of surrey and sussex , was read the third time , and passed upon the question . upon the question it was ordered , that the matter be presently proceeded in to the hearing between the earl of kent and my lord compton , notwithstanding my lord compton his allegations of the want of his councel , and the hearing to be dealt in only touching the matter of the release and the procuring of the same . geo. goscoigne and tho. cole being produced , vide de ista materia in die praecedente . on tuesday the th day of june , six bills of no great moment had each of them one reading ; of which the second being the bill that no houshold servant or retainer to any subject shall be a justice of peace or high constable ; and the third for cogshall , were each of them read the third time , and passed the house , and were sent up to the lords by mr. seckford master of the requests and others . mr. sollicitor and mr. doctor huick did signify from the lords that their lordships have appointed a committee to have conference with the committees of this house in the bill against mary commonly called the queen of scots ; and that their lordships do require the same to be done presently . vide concerning this matter on thursday the th of this instant june following . the bill for the transporting of corn was read the second and third time , and passed upon the question . two bills also of no great moment had each of them one reading ; of which the first being the bill for the town of stafford , was read the first time . post meridiem . in the afternoon two bills of no great moment had each of them one reading ; of which the first being the bill for the marking of tanned leather was read the first time . six bills also had each of them their second reading ; of which the first was the bill for corporations , and the last for the earl of kent was upon the question ordered to be ingrossed , and both the parties to be in this house with their learned councel at the next session of this court to be holden next after this present day . on wednesday the th day of june mr. doctor huick and mr. doctor vaughan did bring word from the lords , that having understood the queens majesties pleasure to be , that they should adjourn their sessions until tuesday come se'nnight , they did signifie the same unto this house , to the end this house may likewise adjourn until the same time , and nevertheless to continue the session this forenoon and send unto them such bills as are already passed this house or shall pass this forenoon . upon the question mr. snagg was by the whole voice of the house purged of the words and meaning which it was pretended he should have heretofore uttered in this house to the dishonour and discontentation of the lords of the upper house . the bill touching the transporting of leather and tallow was sent up to the lords by all the privy council being of this house , and others . the bill against fraudulent gifts and conveyances of lands was read the third time , and passed the house . mr. doctor huick and mr. doctor vaughan did bring from the lords three bills ; of which the first was touching sea-marks and the second for partition of lands to be had between the lord latimer and sir robert wingfeild knight , and their heirs . the bill against fraudulent gifts and conveyances of lands , and the bill for partition of lands between the lord latimer and sir robert wingfeild , were sent up to the lords by mr. chancellor of the exchequer and others , and by them brought back again , for that the lords were risen and gone . the bill for grants by corporations was read the third time , and passed the house . the court was this day adjourned until tuesday come s'ennight next coming . on tuesday the th day of june , four bills of no great moment had each of them one reading ; of which the first being the bill touching lands and tenements within the county and city of exeter , was read the second time , and ordered to be ingrossed . the bill for grants by corporations with two others of no great moment , was sent up to the lords by mr. treasurer and others , with request to be by them made unto their lordships for their answer touching conference in the bill against mary commonly called the queen of scots . the bill against delays in judgment at the common law was read the second time , but no mention is made that it was either ordered to be ingrossed or referred to committees , because it had been formerly sent from the lords . the bill against mary commonly called the queen of scots , was sent to the lords to see and consider , by sir rowland hayward , mr. dr. wilson , mr. serjeant manwood , and mr. attorney of the court of wards . the bill against delays in judgment was upon the question committed unto mr. serjeant manwood , mr. serjeant jefferies , mr. popham and mr. sands , who were appointed to meet at the temple church at two of the clock this afternoon , and to make report and to return the bill to morrow morning . further day was given for the earl of kent and the lord compton , with their learned councel to morrow at eight of the clock in the forenoon . on wednesday the th day of june , my lord of kent appearing in the house , it was signified that the queens majesties pleasure is , that for this time the matter between him and the lord compton be deferred ; for that the said lord compton is presently appointed to attend upon the duke memorancy to dover , as by letters from the lord burleigh directed unto m r speaker , and containing her highness said pleasure in that behalf , amongst other things appeareth . the bill for continuation of certain statutes was read the first time and committed unto mr. atkins , m r dale , m r beamond , m r greenfeild , m r march , m r cardinall , m r layton , and mr. honywood , who were appointed to meet here to morrow morning at six of the clock . the bill against mary commonly called the queen of scots , was read the third time and passed the house ; and the proviso to the same bill had also its third reading . post meridiem . in the afternoon the bill for the severance of the sheriffs of the counties of bed. and bucks . was read the second time , and ordered to be ingrossed . three bills also had each of them their third reading , and passed the house ; of which one was touching the inordinate length of kersies , and another for the town of stafford . on thursday the th day of june , the bill for marking of tanned leather was twice read . six bills were sent up to the lords by mr. treasurer and others ; of which one was the bill touching lands within the county of the city of exeter , and another against mary commonly called the queen of scots . touching which bill and business of the said queen see on monday the th day , thursday the th day , monday the th day , wednesday the th day , friday the th , and on wednesday the th day of may preceeding ; as also on thursday the th day , friday the th day , tuesday the th day , tuesday the th day , and on wednesday the th day of this instant june . the bill for hemp and cordage was twice read . mr. serjeant manwood , mr. marsh , mr. grice , mr. hastings , mr. grimston , mr. norton , mr. barrey , mr. atkins , mr. thomas browne , mr. honywood , mr. shute , mr. burie and mr. greenfeild , were appointed to have conference with the lords touching the bill of continuation of statutes . and the bill touching sea-marks and the bill for the severance of the sheriffs of bedf. and bucks were sent up to the lords by mr. doctor wilson and the said other committees . mr. sollicitor and mr. doctor lewes did bring from the lords the bill touching recoveries passed in this house before , with a branch of repeal of the statute of h. . added by the lords . the bill against delays in judgment was read the third time , and the proviso twice read , and thereupon ordered to be ingrossed . mr. serjeant barham brought from the lords the former bill touching sea-marks , with allowance of the amendments . mr. serjeant barham and mr. attorney general , did bring from the lords the bill for continuation of statutes with allowance of the amendments . on friday the th day of june , the bill touching sea-marks was read the third time ; the bill for continuation of certain statutes was twice read , with all the additions ; and the provisoes were each of them thrice read . the bill for recoveries by collusion suffered by tenants for term of life , and the bill for the continuation of statutes , with another bill also of no great moment , were each of them sent up to the lords , by mr. treasurer , mr. doctor wilson , and others . mr. sollicitor and mr. doctor huick , did bring from the lords the bill for the explanation of the statute against fugitives , with additions by them made , and request for expedition and reading thereof . post meridiem . in the afternoon , the addition to the bill for explanation of the statute against fugitives , was thrice read and passed . the proviso for the dutchy of lancaster made by this house unto the bill for explanation of the statute against fugitives , was thrice read , and passed upon the question . on saturday the th day of june , the proviso touching the dutchy of lancaster in the bill for the explanation of the statute against fugitives , was by order of this house withdrawn , and a new one added , and thrice read and pass'd ; for that the former wanted sufficient penning , to carry the meaning of this house . post meridiem . the bill for the explanation of the statute against fugitives , with the provisoes and amendments , and also the bill concerning the free grammar-school at tunbridge in the county of kent , were sent up to the lords by mr. chancellor of the dutchy , and others . mr. doctor lewes and mr. doctor huick , did bring from the lords the bill touching grants made unto hospitals . mr. doctor lewes brought word from the lords , that their lordships did desire present conference with some of this house in the bill concerning the length of kersies ; for which purpose were sent sir rowland hayward , mr. grimston , mr. gresham , mr. norton , mr. langley , mr. brownell , mr. fleet , mr. appleby , mr. chester and mr. sekerson . the bill for hospitals was sent up to the lords by mr. hugh pawlett , sir maurice berkley , sir owen hopton , and sir henry gate . the bill against delays in judgment at the common law passed after many arguments , and was sent up to the lords by mr. chancellor of the dutchy and others , with special commendations from this house . mr. doctor lewes and mr. doctor huick brought from the lords the bill for the statute made for the town of shrewsbury , with a proviso . the proviso to the bill for shrewsbury was read three times . on monday the th day of june , the bill for shrewsbury was sent up to the lords by mr. comptroller and others . it was this day ordered by this house upon the question , that touching the bill passed in this house for the school of tunbridge , and andrew fisher , these words following shall be set down , viz. memorandum , that the bill concerning tunbridge-school and andrew fisher , in which bill one deed made in the name of henry fisher is supposed to be forged , was committed to the right honourable sir walter mildmay knight , chancellor of the exchequer , sir thomas scott , &c. who have certified to this house , that they found great untruth and impudency in the said andrew fisher ; and that for very vehement presumptions they think very evil of the deed. nevertheless upon fishers submission they have been contented to withdraw out of the bill all words that touched him in infamy . and so the bill penned passed this house with assent on both sides , as well to help tunbridge-school , as others that had bought land of the said andrews father bonâ fide . and the said committeés have further reported that the same matter coming also in question in the upperhouse before committees there at the suit of henry brother to the said andrew , the committees of the higher house have for great causes agreed in opinion with the committees of this house concerning the deed. vide concerning this matter on wednesday the th day of may preceeding , as also on tuesday the third day , wednesday the fourth day , and on friday the sixth day of this instant june foregoing . the bill lastly for relief of sir william harper knight , was read the third time . but what further passed this day in the house of commons doth not at all appear in the original journal-book of the same house ; but is negligently omitted by fulk onslow esq at this time clerk thereof . yet it is most probable , that here ended the whole , or at least the greatest part of this forenoons passages . and then this sessions of parliament being adjourned in the afternoon by sir nicholas bacon lord keeper of the great seal , ex mandato dominae reginae , as the words of the original journal-book of the upper house are ; it should seem the said mr. onslow did omit to make any remembrance or mention thereof , although this adjournment did add an end to this present session , her majesty giving her royal assent to thirteen publick acts , and four private . and the reason why so few statutes received life , as also that neither the bill for her majesties general pardon , nor any bill of subsidy passed the houses at this sessions , was in respect that it was chiefly called for consultation and deliberation touching the dangers of her majesty and the realm by reason of the scottish queen , against whom the house of commons did proceed with great earnestness ; advising her majesty to proceed to her final execution , although the said advice took not effect , nor was pursued by her majesty until the twenty eighth year of her reign . the journal of the house of lords . an exact and perfect journal of the passages of the house of lords , in the parliament holden at westminster , an. reginae eliz. a. d. , which began there on wednesday the th day of february ( after divers prorogations of the same ) and there continued until the prorogation thereof on thursday the th day of march next ensuing . the journal of this present session ( although there were no solemnity at the beginning thereof as of a new parliament ) yet wanted there not the return and entrance of divers proxies as well extraordinary as ordinary : and although through the great negligence of anthony mason esquire , at this time clerk of the upper house , there appeareth little other matter to have been agitated therein than the reading , committing and expediting of bills ; yet it is plain by the original journal-book of the house of commons , that there was some entrance by both houses upon the reformation of divers abuses in the ecclesiastical government , and some difference between the said houses about the bill for the restitution in blood of the heirs of the lord stourton sent down from the lords to the commons . besides , this foresaid journal is not a little enlarged and beautified by the inserting of the speech at large of sir nicholas bacon lord keeper of the great seal , out of a copy thereof i had by me ; which is the rather worth the noting in respect that it was doubtless the last speech he ever made in parliament : for before the third session of this present parliament , which was held five years after the adjournment of this present session he died , viz. in the two and twentieth year of her majesty , anno domini . and so sir thomas bromley knight , succeeded lord chancellor before the said session in anno reginae ejusdem , which was the third and last session of this instant parliament ; the first session whereof was held in anno reginae praedictae , by which means this was the longest parliament ( continuing about eleven years ) of any during her majesties reign , and was not dissolved until the five and twentieth year of her said reign ; containing also in it three several sessions , whereas no other consisted of above two at the most . memorand . quod die mercurii , octavo die februarii , anno regni excellentissimae ac metuendissimae dominae nostrae , dom. eliz. dei gratia angliae , franciae & hiberniae reginae , fidei defensatricis , &c. decimo octavo , quo die post varias ac diversas prorogationes praesens haec sessio parliamenti tenta & habita fuit apud westmonasterium , domini tam temporales quam spirituales , quorum nomina subsequuntur , praesentes fuerunt . the queen was not present because as it hath been observed this was no new parliament , but the lords met of course . nicolaus bacon miles , dominus custos magni sigilli . dominus burleigh thesaurarius angliae . comites . comes lincoln . admirallus . comes sussex . dominus camerarius hospitii reginae . comes northumbr . comes kanc. comes darb. comes wigorn. comes rutland . comes huntingdon . comes warwick . comes southampton . comes bedford . comes pembroke . comes hartford . comes leicester . comes essex . vice-comes mountague . vice-comes bindon . episcopi . episcopus london . episcopus winton . episcopus hereford . episcopus elien . episcopus meneven . episcopus sarisburien . episcopus covent . & litchf . episcopus cestren . episcopus bangoren . episcopus cicestren . episcopus oxon. episcopus roffen . episcopus assaven . barones . dominus abergavenny . dominus audley . dominus dacres . dominus stafford . dominus gray de wilton . dominus dudley . dominus lumley . dominus darcy . dominus wentworth . dominus mordant . dominus cramwell . dominus evers . dominus rich. dominus pagett . dominus howard . dominus north. dominus shandois . dominus hunsdon . dominus s t john de beltso . dominus buckhurst . dominus de la ware. dominus compton . dominus cheyney . dominus norris . which are all the names noted in the original journal-book of this eighteenth year of the queen to have been present this wednesday the th of february . these lords being thus set , they fell to their ordinary business without any manner of solemnity , this being ( as hath been said ) no new parliament , but only the second session of that parliament which began in anno reginae elizabethae . two bills of no great moment had each of them their first reading ; of which the first was the bill for the reformation of the excess in apparel . hodie returnatum fuit breve , quo henricus comes northumbriae praesenti parliamento interesse summonebatur , qui admissus est ad suum praeheminentiae sedendi in parliamento locum , salvo jure alteno . the like several writs returned the earl of kent , and charles lord howard , lord audley , william bishop of s t asaph , and henry earl of darby . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum hord octavâ . although this were but a second session of a former parliament ( as hath been said ) yet were divers proxies sent and returned ; of which ( there being no mention upon what day they were introduced ) i have caused two only to be inserted being extraordinary and less usual , viz. where two spiritual lords constituted three proctors apiece , whereas they usually nominate but two , as the temporal lords do but one : and in respect that through the negligence of anthony mason esquire , at this time clerk of the upper house , there is no day set down on which the said proxies were introduced ; therefore i have thought it most fit to insert them here at the end of the first days passages of this present session . although they be entred in the original journal-book of the said house before the beginning thereof in manner and form following episcopus wigorn. absens ex licentia dominae reginae constituit procuratores suos , johannem episcopum herefordens . thomam episcopum coventr . & litchf . & thomam episcopum lincoln . episcopus landaven . absens ex licentia dominae reginae constituit procuratores suos edwinum episcopum london , thomam episcopum coventr . & litchf . & willielmum episcopum assaven . nota , that the lord burleigh had this parliament four proxies entred in the original journal-book in the same order as they follow , but no day is set down on which they were returned , viz. from the lord vaux , from the marquess of winchester , from viscount mountacute , and from the lord latimer . on thursday the th day of february , the bill for reformation of apparel was read secunda vice , and committed unto the earl of sussex , the earl of leicester , the bishop of london , the lord wentworth , the lord north , the lord hunsdon , the queens attorney and sollicitor . two bill also had each of them one reading ; of which one was the bill against diminishing the queens majesties coin , and was read the second time . nota , that this foregoing bill had now its second reading ; but there is no mention made that it was either ordered to be ingrossed , or referred to committees , as in the like case is always usual , unless it be in such bills as are sent up to the lords from the house of commons ready ingrossed in parchment upon their passing of them , or else when they are fairly ingrossed in parchment and sent from her majesty to the house , when they immediately concern her own person , state or prerogative , or some subject whom out of grace she intendeth to have restored in blood , naturalized or the like ; and of this latter sort this present bill seemeth to be , because it concerneth her majesties coin , unless perhaps the mentioning of the ingrossing or the referring thereof were omitted by the clerks negligence , which may sometimes happen . a writ in common form was returned summoning the lord chandois to come to parliament . on friday the th day of february , to which day the parliament had been on thursday last continaed , the bill for confirmation of letters patents and other assurances made by the queens majesty , was read the second time , and committed unto the lord burleigh , lord treasurer , the earl of essex , the earl of bedford , the bishop of london , the bishop of winchester , the bishop of hereford , the lord grey , the lord lumley , and the lord howard . a writ was directed and this day returned in common form , summoning the lord stourton to come to parliament . the parliament was continued in common form by the lord keeper until monday next at nine of the clock . on monday the th day of february , to which day the parliament had been on saturday last continued , two bills had each of them one reading ; of which the second being the bill for confirmation of letters patents and other assurances made by the queens majesty , was read secundâ vice . but it should rather seem , that this was the first reading of this new bill brought in by the committees , to whom the same was referred on saturday the th day of this instant february foregoing , because it had its second reading on wednesday the th day , and its third reading on thursday the th day of this instant month foregoing . the bill for reformation of excess in apparel was read prima vice . nota , that the former bill to this effect which had been referred to committees on thursday the th day of this instant february foregoing , was ( as it seemeth ) dashed by them , and a new bill brought in which had its first reading on this day , its second reading on wednesday , and its third and last reading on thursday the th day of this instant february following . on wednesday the th day of february , to which day the parliament had been on monday last continued , the bill for coming to church and receiving of the communion , was read the second time , and committed unto the lord burleigh , lord treasurer , the earl of sussex , the earl of bedford , the earl of leicester , the bishop of london , the bishop of ely , the bishop of chichester , the bishop of lincoln , the lord cobham , the lord grey , the lord wentworth , the lord north , justice mounson , and justice manwood , and the queens sollicitor . two bills also of no great moment had each of them their second reading , and thereupon ordered to be ingrossed ; of which the first was the bill for reformation of excess in apparel . on thursday the th day of february , the bill for reformation of excess in apparel , and the bill for confirmation of letters patents were each of them read tertia vice & conclusae , and sent to the house of commons by dr. barkley and mr. powle clerk of the crown . two bills also had each of them one reading ; of which the last being the bill for the repeal of a statute made in the eighteenth year of henry the sixth , was read prima vice and committed to the queens attorney and sollicitor to consider of . on saturday the th day of february , to which day the parliament had been on thursday last continued , two bills of no great moment had each of them one reading ; of which the second being the bill for the repeal of a statute made an . h. . was read secunda vice . and committed to the queens attorney and sollicitor . nota , that this bill was committed upon the first reading on thursday the th day of this instant february foregoing to serjeant barham , the queens attorney , and sollicitor ; by whom it should seem the bill being brought in again without any great alteration , was now recommitted upon the second reading to the two latter of them to consider further of the same , according to the order of the house . vide febr. . postea . the bill for the maintenance of rochester-bridge ( which was read the first time in the beginning of this present day ) was now committed unto the archbishop of canterbury , the lord treasurer of england , the earl of lincoln , lord admiral , viscount mountague , the bishop of salisbury , the bishop of chichester , the lord abergavenny , the lord cobham , the lord buckhurst , justice manwood , and serjeant barham . on monday the th day of february , to which day the parliament had been on saturday last continued , the bill for the assurance of certain lands sold by henry fisher to richard smith , was read secunda vice , and committed to the queens sollicitor , &c. the bill also for excluding of clergy and purgations ecclesiastical , was read prima vice & commissa justiciario mounson . vide touching this bill on wednesday the th day of this instant february following . on the tuesday the th day of february the bill for the repairing of chepstow-bridge was read the first time . four bills were brought up to the lords from the house of commons ; of which the first being the bill for the explanation of the statute of h. . touching monasteries , abbies , priories , &c. and the last being for the relief and reedifying of the borough of new-woodstock in the county of oxford , were each of them read prima vice . the bill for the avoiding of fraudulent gifts of lands made by the late rebels in the north , was read primâ vice . the bill lastly for reformation of errors in fines and common recoveries , was sent up to the lords from the house of commons . on wednesday the th day of february , nine bills of no great moment had each of them one reading ; of which the first being the bill for reformation of errors in fines and common recoveries , another for the assurance of certain lands unto christopher hatton esquire of the privy-chamber and captain of her majesties guard , and another for the explanation of the statute of h. . touching monasteries , &c. were each of them read the second time : but no mention is made that they were either ordered to be ingrossed or referred to committees , because they had been sent from the house of commons on tuesday immediately foregoing , where the bill only touching sir christopher hatton is omitted as matter of no great moment . the bill lastly for excluding of clergy and purgations ecclesiastical , was read primâ vice & commissa comiti northumbriae , comiti huntington , episcopo london . episcopo lincoln . domino hunsdon , domino buckhurst , & justiciario manwood & justiciario mounson . on thursday the th day of february , the bill for avoiding of fraudulent gifts , &c. made by the late rebels in the north , the bill for rochester-bridge , and the bill for repairing of chepstow-bridge , were each of them read the third time and concluded , and sent to the house of commons , with another bill of no great moment , by sir richard read and d r barkley . two bills also were sent up to the lords from the house of commons ; of which the first being the bill for the true payment of the debts of william isley esquire , was read the first time . the bill lastly for the assurance of certain lands and tenements unto christopher hatton esquire , was read tertiâ vice & conclusa . on saturday the th day day of february , to which day the parliament had been on thursday last continued , five bills of no great moment had each of them one reading ; of which the fourth being the bill for reformation of errors in fines and common recoveries , was read secundâ vice & commissa to justice mounson and the queens attorney and sollicitor to consider of it . on monday the th day of february , the bill for the assurance of new-hall in the county of essex to thomas earl of sussex , was read primâ vice . four bills were sent up to the lords from the house of commons ; of which the two last were , one against diminishing and impairing the queens coin , and the other for repairing the goal in s t edmonds-bury , and of brandon-bridge in the county of suff. the bill for the assurance of certain lands to sir john rivers knight , citizen and alderman of london , was read tertiâ vice . on tuesday the th day of february , four bills of no great moment had each of them one reading ; of which the two last being one for the assurance of the mannor of new-hall in com. essex to thomas earl of sussex , and the other for the appointing of justices within wales , were each of them read secundâ vice & commissae ad ingrossand . on wednesday the th day of february , seven bills of no great moment had each of them one reading ; of which the two last being one concerning offices found within the counties palatines , and the other for the appointing of justices in the shires of wales , were read tertiâ vice & conclusae , and sent to the house of commons with two others by the queens sollicitor and d r barkley . the bill also for a subsidy and two fifteenths and tenths granted by the temporalty , was read the second time . three bills lastly of no great moment had each of them one reading ; of which the first being the bill for the assurance of the mannor of new-hall to thomas earl of sussex , was read tertiâ vice & conclusa . on thursday the first day of march the bill for a subsidy and two fifteenths and tenths granted by the temporalty , was read tertiâ vice & conclusa communi omnium procerum assensu . the bill also for the confirmation of a subsidy granted by the clergy , was read the second time & commissa ad ingrossandum . nota , that the subsidy it self granted by the clergy is always ingrossed in latin , and sent up in parchment from the convocation house ; but the confirmation thereof by the parliament is added unto it in english , and passed in the house as other bills are ; and this only it was that was ordered to be ingrossed upon the second reading . four bills also of no great moment had each of them one reading ; of which the last being the bill concerning tithes within the parish of hallifax was read tertia vice & conclusa . the bill for hallifax , and that for taking away of clergy , were sent from the lords to the house of commons by sir richard read knight , and d r barkeley . the bill for the confirmation and establishment of the hospital of leicester , was read secunda vice & commissa ad ingrossand . on friday the second day of march , four bills of no great moment had each of them one reading ; of which the second being the bill for the confirmation of a subsidy granted by the clergy , was read tertiâ vice & conclusa , and sent to the house of commons by doctor lewes and doctor barkley . five bills were brought up to the house of lords from the house of commons ; of which one was for avoiding of fraudulent gifts and conveyances made by the late rebels in the north , and another for confirmation of letters patents . two bills also of no great moment had each of them one reading ; of which the first being a bill concerning an hospital at leicester was read tertiâ vice & conclusa , and sent to the house of commons by doctor vaughan and doctor barkley . on saturday the third day of march , the bill that notice may be given to patrons of benefices upon the vacation of the same in certain cases , was read tertiâ vice & conclusa , with certain amendments added thereunto by the lords . five bills also of no great moment had each of them one reading ; of which the last being the bill for the county palatine of durham and the isle of ely , was upon the second reading committed to the archbishop of canterbury , the lord burleigh , lord treasurer , the earl of northumberland , the bishop of london and others . dominus thesaurarius in absentia domini custodis magni sigilli continuavit praesens parliamentum usque in diem lunae prox . hora nona . nota , that there appeareth no commission or other authority in the original journal-book of the upper house , by which the lord treasurer supplied the lord keepers place ; but most probable it is , that either the commission it self is negligently omitted by anthony mason esquire , at this time clerk of the same house , or that the lord treasurer did continue it only upon her majesties verbal authority and command , as it is very likely the lord chief justice did supply the lord keeper's place on thursday the th day of june in the first session of this very parliament in anno reginae eliz. and it is certain that sir nicholas bacon lord keeper of the great seal growing at this time ( after which he did not long live ) both aged and sickly , gave occasion to her majesty , by reason of his weakness , to authorize others more frequently to supply his place , than it is otherwise likely she would have done . vide consimil . mar. . in an. eliz. on monday the th day of march , to which day the parliament had been on saturday last continued , seven bills of no great moment had each of them one reading ; of which the last being the bill touching the lord viscount bindou and henry howard his son , was read secundâ vice & commissa ad ingrossandum . seven bills were brought up to the lords from the house of commons ; of which one was for the assurance of certain lands to sir john rivers knight , and another for the perpetual maintenance of rochester-bridge . dominus thesaurarius continuavit praesens parliamentum usque in diem crastinum horâ nonâ . on tuesday the th day of march , four bills of no great moment had each of them one reading ; of which the first being the bill for setting the poor on work , and for avoiding of idleness , was read the second time ; but no mention made that it was either ordered to be ingrossed or referred to committees , because it had been formerly sent from the house of commons . the bill for the true tanning and currying of leather , was sent up to the lords from the house of commons . two bills also of no great moment had each of them one reading ; of which the first being the bill touching viscount bindon and henry howard his son , was read tertiâ vice . three bills were brought up to the lords from the house of commons ; of which the first was for the repairing of chepstow-bridge , and the third was the bill for reformation of the jeofails . two bills finally had each of them one reading ; of which the second being the bill whereby certain authority was given to the justices of the queens majesties parks , forests and chases , was read secundâ vice & commissa ad ingrossandum . dominus thesaurarius continuavit praesens parliamentum usque in diem prox . hora nona . on wednesday the th day of march , three bills of no great moment had each of them one reading ; of which the third being the bill for the restitution in blood of john lord stourton , his brother and sisters , was read tertiâ vice & conclusa , and sent to the house of commons by d r yale , and d r barkley . four other bills also had each of them one reading ; of which the third being the bill whereby certain authority was given to the justices of the queens parks , forests and chases , was read tertiâ vice & conclusa , and sent to the house of commons by doctor yale and m r powle clerk of the crown . five bills were sent up to the lords from the house of commons ; of the which one was for the confirmation of letters patents with certain amendments ; and another for avoiding of sraudulent gifts by the late rebels in the north. the bill lastly for the trial of nisi prius in the county of middlesex was read secunda vice ; but no mention is made that it was either ordered to be ingrossed , or referred to committees , because it had been formerly sent from the house of commons . dominus thesaurarius continuavit praesens parliamentum usque in diem crastinum horâ nonâ . on thursday the th day of march , four bills were brought up to the lords from the house of commons ; of which the first being the bill for maintenance of the colleges in the universities of winchester and eaton , and the second against buying and selling of rooms and places in colleges and schools , were each of them read primâ vice . three bills also of no great moment had each of them one reading ; of which the first being the bill for setting the poor on work and for the avoiding of idleness , was read tertia vice & conclusa ; with a proviso added by the lords , and certain amendments , and sent to the house of commons by d r vaughan and d r yale . dominus thesaurarius continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lords spiritual and temporal assembling , ten bills of no great moment had each of them one reading ; of which the third being the bill for the toleration of certain cloths in com. wilts . somers . and dors. ; the fifth for reformation of disorders in common informers ; the sixth for the payment of tythes in the town of reading in like sort as it is in the city of london ; the seventh touching benefices impropriate ; the eighth for reformation of abuses in goldsmiths ; and the last being the bill for the reformation of jeofailes , were each of them read the second time : but no mention is made that they were either referred to committees or ordered to be ingrossed , because they had been formerly sent from the house of commons . four bills were sent up to the lords from the house of commons ; of which one was for the making of certain denizens , and another for avoiding fraudulent gifts and conveyances made by the late rebels in the north. on friday the th of march , six bills of no great moment had each of them one reading ; of which the fifth being the bill for the repairing and amending of highways and bridges near unto oxford , and the sixth and last being the bill that the plaintiff shall be sworn upon his bill as the defendant is sworn upon his answer , was read secundâ vice ; but no mention is made that they were either ordered to be ingrossed or referred to committees , because they had been sent from the house of commons . two bills were brought up to the lords from the house of commons ; of which the first being the bill for the hospital at leicester , was returned conclusa . four bills of no great moment lastly , had each of them one reading ; of which the first being the bill for the payment of tythes in the town of reading , as in the city of london ; and the last for repairing of the gaol of s t edmonds-bury , and of brandon-bride in com. suff. were each of them read tertiâ vice & conclusa . on saturday the th day of march , six bills were brought up to the lords from the house of commons ; of which the first was the bill for setting the poor on work , and for avoiding of idleness , and another was for a confirmation of a subsidy granted by the clergy . nine bills also of no great moment had each of them one reading ; of which the first being the bill touching the hospital of s r crosse near winchester , was read tertiâ vice & conclusa , and sent to the house of commons by doctor barkley and m r powle clerk of the crown ; and another being a bill for the restitution in blood of sir henry norris knight , lord norris of ricot , was read secunda vice ; but no mention is made that it was either ordered to be ingrossed or referred to committees , because it had been formerly sent from the house of commons . about which hour the lords spiritual and temporal assembling , six bills of no great moment had each of them one reading ; of which the first being the bill for explanation of the statute against the defeating of dilapidations , and against leases to be made of spiritual promotions ; and the second for remedy against the plaintiff for false complaint , were each of them read secundâ vice , but no mention is made whether they were ordered to be ingrossed or referred to committees , because they had been sent from the house of commons . three bills were brought up to the lords from the house of commons , of which the second being the bill for confirmation of an arbitrement to be made by certain persons , between richard hudleston esquire , and dame elizabeth weynman his wife on the one part , and francis weynman gent. on the other part , was read primâ vice . three bills also of no great moment had each of them one reading ; of which the first being the bill for reformation of abuses in goldsmiths , was read secundâ vice & commissa ad ingrossand . ; and the second being the bill for preservation of feasants and partridges , was read tertia vice & conclusa , and sent to the house of commons by doctor lewes and m r vaughan . on monday the th day of march , four bills of no great moment had each of them one reading ; of which the first being the bill for confirmation of an arbitrement to be made by certain persons , between richard hudleston esquire and dame elizabeth weynman on the one part , and francis weynman gent. on the other part , was read secundâ vice ; but no mention is made that it was ordered to be ingrossed or referred to committees , because it had been sent from the house of commons on saturday the th of this instant march foregoing . the bill also for restitution in blood of anthony mayney was read primâ & secundâ vice , which as it should seem was in honour of the said anthony mayney . six bills were brought up to the lords from the house of commons ; of which one was for the maintenance of colleges in the universities of winchester and eaton , and another for the repairing and amending of bridges and high-ways near unto the city of oxford . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . nota , that here the lord keeper continueth again the parliament , which had been performed by the lord treasurer from saturday the third day of this instant march foregoing , until this present monday the th day of the same ; but whether the one or the other were by her majesties commission under the great seal , or by any other authority , appeareth not in the original journal-book of the upper house ; but seemeth to have been omitted through the negligence of anthony mason esquire , at this time clerk of the same . about which foresaid hour in the afternoon the lords spiritual and temporal assembling , six bills of no great moment had each of them one reading ; of which the second being the bill to take away clergy from offenders in rape or burglary , and an order for the delivery of clerks convict without purgation , with certain amendments and a proviso , was read tertiâ vice & conclusa : as also the bill for restitution in blood of anthony mayncy esquire . an act to redress disorders in common informers was sent to the lords from the house of commons . the bill lastly for toleration of certain clothiers in the counties of wilts , somerset and gloucester , was read tertiâ vice & conclusa . dominus thesaurarius continuavit praesens parliamentum usque in diem crastinum horâ octavâ . vide touching the continuance of the parliament by the lord treasurer on saturday the third day of this instant march foregoing . on tuesday the th day of march , eight bills of no great moment had each of them one reading ; of which the second being the bill for annexing of gate-side to the town of new-castle , and the seventh being for the confirmation of an arbitrement to be made by certain persons between richard hudleston esquire and dame elizabeth his wife on the one part , and francis weynman gentleman on the other part , with a proviso and certain amendments , were each of them read tertiâ vice & conclusae , and sent to the house of commons by her majesties attorney general , m r barkley and m r powle . the bill for restitution in blood of anthony mayney esquire , with a proviso added by the house of commons , was sent from thence to the lords . the bill lastly for reformation of jeofailes was read tertiâ vice & conclusa , & commissa magistro vaughan & magistro powle in domum communem deferend . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam post meridiem . vide concerning this continuance of the parliament by the lord keeper on monday the th day of this instant march foregoing . about which hour in the afternoon the lords spiritual and temporal assembling , two bills were brought up to the lords from the house of commons ; of which the first was the bill for the restitution in blood of john lord stourton , with a new proviso added by the said house . after which three other bills also were brought up to the lords from the house of commons : of which the first was concerning offices found in counties palatines , and the last for reformation of jeofailes . on wednesday the th day of march , the bill for reformation of excess in apparel was read secundâ vice , but no mention of committing or ingrossing because it had been sent from the lords . about which hour the lords spiritual and temporal assembling , two bills were sent up to the lords from the house of commons ; of which the second being the bill for the queens majesties most gracious general and free pardon , was returned conclus . this day also in the afternoon the queens majesty with divers lords spiritual and temporal were present in the upper house ; of which the knights , citizens , burgesses and barons of the house of commons having notice , repaired thither with robert bell their speaker , who carried up with him the bill of one subsidy , and two fifteenths and tenths , and was placed at the rail or bar at the lower end of the said upper house . but both this manner of his coming up , or what was else spoken or done this afternoon in the said house , is wholly omitted in the journal-book of the same ( through the great negligence of anthony mason esquire , at this time clerk thereof ) and therefore the repairing up of the said speaker , with the residue of the members of the house of commons , is collected out of the original journal-book of the same house , and the substance of the said speakers speech , with the lord keepers answer at large , are both supplied out of a copy of the said lord keepers speech which i had by me . the speaker standing close to the rail or bar in the-lower end of the upper house , as is aforesaid , and after his humble reverence made , delivered his oration to her majesty to the effect following . first , he spoke touching sundry kinds of government which had been in this kingdom , and so drew his discourse to the present time . then he made a large enumeration of her majesties many vertues , and of the many benefits which the kingdom received by her gracious government . after which he proceeded humbly to petition her majesty to make the kingdom further happy in her marriage , that so they might hope for a continuing succession of those benefits in her posterity . to which having added a compendious relation of such acts as had passed the house of commons , he concluded with the presentation of the bill of subsidy in their names unto her majesty . after which the lord keeper by her majesties commandment answered as solloweth , viz. m r speaker , the queens majesty our most dread and gracious soveraign lady , hath heard and doth very well understand your oration , full of good will and matter . the sum thereof may be reduced into five parts , whereof the first containeth a discourse of sundry kinds of government from the beginning until this time . the second the commendations of her majesties vertues , and of her great and gracious government from the beginning with a remembrance of her highness bountiful benefits . the third concerneth the humble and earnest petition moving her majesty to marry . the fourth is a declaration of laws past in the lower house , with an humble suit for her highness royal assent to be given unto the same . the fifth and last concerning a presentation of a subsidy granted in this session . as concerning the first , which containeth the discourse of sundry kinds of government , i see not that this time and place doth require any answer to be given unto it other than this , that you , m r speaker , are much to be commended for your diligent collecting , and also for the apt comparing of the last part of the same . and as to the second which concerneth the commendations of her majesties great vertue and good government , with the remembrance of the manifold benefits that you have received at her majesties hand , her highness hath commanded me to say unto you , that she wisheth of god with all her heart , that all those royal vertues and principal parts , together with the great gifts of gracious government that you make mention of , were so perfectly planted in her as best might serve to the maintenance of gods glory , from whom her majesty confesseth all goodness to proceed , and best also might serve for the good governance of you her good , loving and obedient subjects ; and withal prayeth you with her and for her to give god hearty thanks for those vertues and graces that it hath pleased him to bless her withal , and also to pray for the continuance of them with such increase , as shall best like his divine majesty . and besides this i may and dare certainly affirm unto you by her majesties own mouth , that if the vertues of all the princes in europe were united within her highness breast , she should gladly imploy the same to the best of her power about the good governance of you , that be so good and loving unto her ; so great is her highness good will and inward affection toward you . again true it is , that these your loving and reverend conceivings of the vertuous and gracious government of your soveraign , is taking by her majesty in very thankful part , as a special and peculiar property pertaining to faithful and loving subjects ; neither will her highness admit of any occasion that may move you to conceive otherwise than you have : neither do i think that any man can devise any more ready or any more strong perswasion to move a princely nature to be such towards her subjects as they can wish , than by such good , reverend and loving conception and conceiving remembred by you . to conclude , as touching this point , i am to affirm unto you from her majesty , that she taketh your proceedings in the parliament both in the midst and also in the ending so graciously and in so thankful part , that if both parts and nature did concur in me abundantly to make me eloquent ( as neither of them do ) yet i am sure i were not able to set forth this point according to her highness desire , or to the worthiness of it . and for the more manifest declaration of this and of the great good liking her majesty hath conceived of you that be of this parliament , her highness meaneth not to determine the same , but to prorogue it until the next winter . and as both cognizance and recognizance of benefits her majesties pleasure is , that i should declare unto you , that there is none of these benefits received by you , but she wisheth them trebble in number , and quadruple in greatness and goodness . and further , her highness thinketh that the faithful recognizing of benefits received is one of the greatest satisfactions that a subject can make to his soveraign for them . and as to the third , which concerneth your humble earnest petition , it proceedeth from your inward affections and benevolent minds founded and grounded upon the great good opinion that you have conceived of your majesties most gracious government over you , according to the declaration made by you , a matter greatly moving her majesty the rather to allow of your petition . the second note importeth yet more than this ; for therein she conceiveth that this great good opinion of this blessed government is not conceived by you , as it appeareth by your own declarations , upon any sudden ground or cause , but hath grown upon the consideration of her highness governance during the reign of seventeen years now past : whereby it is evident that this is a setled and constant opinion of yours , and therefore much the more moving her majesty to give a gracious ear unto this your petition . and yet the third note exceedeth the other two former ; for in this note she conceiveth the abundance of your inward affection grounded upon her good governance of you to be so great , that it doth not only content you to have her majesty reign and govern over you , but also you do desire that some proceeding from her majesties body might by a perpetual succession reign over your posterity also : a matter greatly to move her majesty ( she saith ) to incline to this your suit. besides her highness is not unmindful of all the benefits that will grow to the realm by such marriage ; neither doth she forget any perils that are like to grow for want thereof . all which matters considered , her majesty willed me to say , that albeit of her own natural disposition she is not disposed or inclined to marriage , neither could she ever marry were she a private person ; yet for your sakes and the benefit of the realm , she is contented to dispose and incline her self to the satisfaction of your humble petition , so that all things convenient may concur that be meet for such a marriage ; whereof there be very many , some touching the state of her most royal person , some touching the person of him whom god shall join , some touching the state of the whole realm : these things concurring and considered , her majesty hath assented ( as is before remembred . ) and thus much touching this matter . as to the fourth part which concerneth a declaration of the laws passed in the session whereunto you do pray that her majesty would give her royal assent , her majesty hath commended your travel and pains taken in devising of these laws , your considerations and carefulness in debating and consulting , and your judgments and determinations in concluding and passing of the same , and meaneth to give her royal assent to so many of them as her majesty shall think meet and convenient to pass at this time . but here i am to remember you , that this is not all that her highness requireth in this point ; for she is desirous that the great travels , pains and great charges imployed about the making of these laws should not be lost , neither her majesties royal assent granted in vain , which must needs come to pass except you look better to the execution of laws than heretofore you have done ; for as i have before this time seen , laws without execution , be nothing else but pen , ink and parchment , a countenance of things , and nothing in deed , a cause without an effect , and serve as much to the good governance of the common-weal , as the rudder of a ship doth serve to the good governance of it without a governour ; and so serve to as good purpose to direct mens actions , as torches do to direct mens goings in the dark , when their lights be put out . were it not great folly , trow ye , yea , and meer madness for a man to provide apt and handsome tools and instruments to reform and prune his trees withal , and then to lay them up in fair boxes and bags without use of them ? and is it not as strange trow ye to make laws to reform mens manners , and to prune away the ill branches and members of the common-weal , and then to lay up those laws in fair books and boxes without execution of them ? surely there is a small difference betwixt these causes ; may it were much better to have no new laws made at all , than to have laws not executed : for the former doth but leave us in the state we were in before the making of the new laws ; but not to execute them is to breed a contempt of laws and law-makers and of all magistrates , which is the mother and nurse of disobedience ; and what she breedeth and bringeth forth , i leave to you to judge . now this offence of not executing of laws growing so great , it resteth to see in whose default this is , and who ought to have the burthen of it . first , certain it is , that her majesty leaveth nothing undone meet for her to do for the execution of laws ; for first she maketh choice of persons of most credit and best understanding throughout the whole realm , to whom for the great trust and fidelity that she reposeth in them , she giveth authority by commission to execute a great part of those laws , who also by oath be bound to perform the same . besides , the most special and needful laws her highness causeth to be proclaimed and published unto her people ; as over this also ( lest men should be forgetful of their duties ) she causeth a number of her justices to be called into publick place , and there to be exhorted and admonished in her majesties name to see the execution of her laws ; and what can here be more devised for her majesty to do ? surely in my opinion nothing . then falleth it out necessarily and consequently , that the burthen of all these enormities , absurdities and mischefs that do grow in the common-wealth for not executing of laws , must light upon those persons that have authority from her majesty to execute them and do it not : which is a burthen over-heavy for any to bear , being justly charged . for the avoiding of this therefore methinks men being thus remembred ought to seek with all diligence and endeavour to satisfie for their negligence , and uncarefulness past ; which if they shall forget to do , her majesty shall be then driven , clean contrary to her most gracious nature and inclination , to appoint and assign private men , for profit and gain sake , to see her penal laws to be executed . the course which hitherto her majesty hath taken hath been , to have her laws executed by men of credit and estimation for the love of justice , uprightly and indifferently ; but if they shall refuse so to do , forgetting their duty to god , soveraign and countrey , then of necessity rather than the laws should be unexecuted , her majesty shall be driven i say to commit the execution of them to those who in respect of profit and gain , will see them executed with all extremity . and what a burthen that will bring to the common-weal i leave it to your consideration . but it is to be hoped , that if the respects before remembred will not move you to see better to your charge , yet the fear of this great inconveniency should constrain men that be in commission to look to the better execution of laws . and thus much touching the fourth part . now as to the fifth and last which concerneth the grant of a subsidy , her majesty hath commanded me to say unto you , that that grant is a manifest declaration by deeds of that which before was declared by words : for how could such a grant be made , and in such manner granted , and by such persons , but that of necessity it must proceed from the benevolent minds and hearty affections of such loving subjects as are before remembred ? true it is , that her majesty in these your doings hath noted three things especially and principally , every of them tending much to the setting forth of your benevolence . the first , who it is that granted ; the second , the manner of granting ; the third , what it was that is granted . as to the first , her majesty cannot forget , how this grant proceeded from the earnest affections and hearty good wills of her loving and obedient subjects . wherefore her majesty maketh greater account thereof than ten subsidies , and so she commanded me to say unto you . again , her majesty remembreth very well , that this grant was made not by subjects that never did the like before , but by subjects that have been and continued to be ready from time to time to contribute towards the necessary charges and defence of the realm ; which doth greatly commend and set forth she saith this great benevolence of yours . and as to the second , which is the manner of granting , her highness noteth two things especially ; the one is universality of consent ; and can there be a more universal consent than when all agreeing and none denying as this was ? nay her highness knoweth that before her time these manner of grants passed not but with a great perswasion and many difficulties ; whereas this was frankly offered without any perswasion or difficulty at all . the other is the readiness of granting . it is written of benevolence , bis dat qui citò dat , which her majesty saith may be justly applied to these your proceedings . and to the third , which is the thing granted , she taketh it to be as liberal as any heretofore hath been granted ; and therefore hath commanded me to yield unto you her most hearty condign thanks , and withal to let you understand , that her majesty is as willing and desirous to give you this whole subsidy again as you have been willing to grant it , if the necessity of the realm and your surety would suffer it . and thus much touching the granting of the subsidy . now as to the due and true execution of the same i am to exhort and also to admonish you , and yet it may be probably said , that persons that have thus bountifully and readily made this grant , wherein and whereby the benevolent minds and hearty affections that have been so manifestly declared in granting , that to these persons neither admonishments nor exhortations are due for the true executing of that grant , no more than a spur is to a horse , that runneth as swiftly as he can . albeit this argument in reason carrieth probability and likelyhood with it ; yet former experience hath taught that these grants have not been so duly and truly executed as they have been benevolently granted . after the lord keepers speech was ended , the queens majesty did doubtless give her royal assent to such acts as passed at this session ; but neither the foresaid speech , nor the passing of the said acts , is at all mentioned in the original journal-book of the upper house . her majesties royal assent being given to the said bills . now follows the adjournment of this present session , together with the several prorogations thereupon , out of the original journal book of the same . dominus custos magni sigilli ex mandato dominae reginae adjournavit praesens parliamentum usque in diem prox . hora secunda post meridiem . on thursday the th day of march in the afternoon , the queens majesty came her self into the upper house , where were also present the lord archbishop of canterbury , sir nicholas bacon lord keeper of the great seal , the lord burleigh , lord treasurer and divers other lords both spiritual and temporal ; but the only occasion of her majesties coming seemeth to have been for the prorogation of the parliament , which otherwise must have been done by vertue of her majesties commission , or letters patents under the great seal . and it is the more remarkable because i conceive it is the only president during all the said queens reign , in which she came to the upper house in person to prorogue a session ; the entrance whereof in the original journal-book of the same house is as followeth . dominus custos magni sigilli ex mandato dominae reginae prorogavit praesens parliamentum usque in diem quintum novembris prox . futurum . after which followed divers other prorogations , until the assembling of the last session of this present parliament in anno reginae eliz. all which are inserted in the original journal-book it self de anno reginae ejusdem in the end thereof . the journal of the house of commons . a journal of the passages of the house of commons , in the session of parliament holden at westminster , anno reginae eliz. a. d. , which began there after divers prorogations of the same , on wednesday the th day of february , and then and there continued until the prorogation thereof on thursday the th day of march. this present journal of the house of commons , containeth in it , not only many good passages touching the ordinary usages and priviledges of the house , but is plentifully stored also with divers extraordinary and rare occurrences touching the maintenance of the liberties of the house , not only from the indignity of private persons , but also against the pressures of the lords of the upper house ; in which also there wanted not the zealous endeavour of the house for reformation of divers ecclesiastical matters , and the remarkable imprisonment of a member of the same by themselves : in which i have supplied many passages and speeches which were wanting in the original journal-book it self , in the due places , out of several copies of them i had by me . yet to avoid confusion , whatsoever is transcribed out of the said copies , is distinguished by some annotation or animadversion , both before and after it . and lastly it may here fitly be observed , that this being but the second session of the fourth parliament of her majesties reign , the house of commons , as did also the lords of the upper house , sell to their ordinary business upon their first meeting in manner and form following , viz. on wednesday the th day of february , the bill that upon actions upon the case brought for slanderous words or writings , the country may be traversed , was read the first time . peter wentworth esquire , one of the burgesses for the borough of tregony in the county of cornwall , was for unreverent and undutiful words uttered by him in this house of our soveraign lady the queens majesty sequestred , that the house might proceed to conference and consideration of his said speech . which speech i have transcribed out of a copy i had by me , and added it to this journal : viz. m r speaker , i find written in a little volume these words in effect : sweet is the name of liberty , but the thing it self a value beyond all inestimable treasure . so much the more it behoveth us to take care lest we contenting our selves with the sweetness of the name , lose and forgo the thing , being of the greatest value that can come unto this noble realm . the inestimable treasure is the use of it in this house . and therefore i do think it needful to put you in remembrance , that this honourable assembly are assembled and come together here in this place for three special causes of most weighty and great importance . the first and principal is to make and abrogate such laws as may be most for the preservation of our noble soveraign . the second ..... the third is to make or abrogate such laws as may be to the chiefest surety , safe-keeping , and enrichment of this noble realm of england . so that i do think that the part of a faithful-hearted subject is to do his endeavour to remove all stumbling-blocks out of the way that may impair or any manner of way hinder these good and godly causes of this our coming together . i was never of parliament but the last and the last session , at both which times i saw the liberty of free speech , the which is the only salve to heal all the sores of this common-wealth , so much and so many ways infringed , and so many abuses offered to this honourable council , as hath much grieved me even of very conscience and love to my prince and state. wherefore to avoid the like i do think it expedient to open the commodities that grow to the prince and whole state by free speech used in this place , at the least so much as my simple wit can gather of it , the which is very little in respect of that that wise heads can say therein , and so it is of the more force . first , all matters that concern gods honour through free speech , shall be propagated here and set forward , and all things that do hinder it removed , repulsed and taken away . next , there is nothing commodious , profitable , or any way beneficial for the prince or state , but faithful and loving subjects will offer it in this place . thirdly , all things discommodious , perillous or hurtful to the prince or state shall be prevented , even so much as seemeth good to our merciful god to put into our minds , the which no doubt shall be sufficient if we do earnestly call upon him and fear him , for solomon saith , the fear of god is the beginning of wisdom , wisdom , saith he , breatheth life into her children , receiveth them that seek her , and will go beside them in the way of righteousness : so that our minds shall be directed to all good , needful and necessary things , if we call upon god with faithful hearts . fourthly , if the envious do offer any thing hurtful or perillous to the prince or state in this place , what incommodity doth grow thereby ? verily i think none , nay will you have me to say my simple opinion therein , much good cometh thereof ; how forsooth , for by the darkness of the night the brightness of the sun sheweth more excellent and clear , and how can truth appear and conquer until falsehood and all subtilties that should shadow and darken it be found out ? for it is offered in this place a piece of fine needle-work unto them that are most skilful therein , for there cannot be a false stitch ( god aiding us ) but will be found out . fifthly , this good cometh thereof , a wicked purpose may the easier be prevented when it is known . sixthly , an evil man can do the less harm when it is known . seventhly , sometime it happeneth that a good man will in this place ( for argument sake ) prefer an evil cause , both for that he would have a doubtful truth to be opened and manifested , and also the evil prevented ; so that to this point i conclude , that in this house which is termed a place of free speech , there is nothing so necessary for the preservation of the prince and state as free speech , and without it is a scorn and mockery to call it a parliament house , for in truth it is none , but a very school of flattery and dissimulation , and so a fit place to serve the devil and his angels in , and not to glorify god and benefit the common-wealth . now to the impediments thereof which by gods grace and my little experience i will utter plainly and faithfully , i will use the words of elcha , behold , i am as the new wine which hath no vent and bursteth the new vessels in funder , therefore i will speak that i may have a vent , i will open my lips and make answer , i will regard no manner of person , no man will i spare , for if i should go about to please men , i know not how soon my maker will take me away : my text is vehement the which by gods sufferance i mean to observe , hoping therewith to offend none ; for that of very justice none ought to be offended for seeking to do good and saying of the truth . amongst other , m r speaker , two things do great hurt in this place , of the which i do mean to speak : the one is a rumour which runneth about the house and this it is , take heed what you do , the queens majesty liketh not such a matter , whosoever prefereth it , she will be offended with him ; or the contrary , her majesty liketh of such a matter , whosoever speaketh against it she will be much offended with him . the other : sometimes a message is brought into the house either of commanding or inhibiting , very injurious to the freedom of speech and consultation , i would to god , m r speaker , that these two were buried in hell , i mean rumours and messages ; for wicked undoubtedly they are , the reason is , the devil was the first author of them , from whom proceedeth nothing but wickedness : now i will set down reasons to prove them wicked . first , if we be in hand with any thing for the advancement of gods glory , were it not wicked to say the queen liketh not of it , or commanded that we shall not deal in it ? greatly were these speeches to her majesties dishonour , and an hard opinion were it , m r speaker , that these things should enter into her majesties thought ; much more wicked and unnatural were it that her majesty should like or command any thing against god , or hurtful to her self and the state. the lord grant this thing may be far from her majesties heart . here this may be objected , that if the queens majesty should have intelligence of any thing perillous or beneficial to her majesties person or the state , would you not have her majesty give knowledge thereof in this house , whereby her peril may be prevented , and her benefit provided for ? god forbid , then were her majesty in worse case than any of her subjects . and in the beginning of our speech i shewed it to be a special cause of our assembly , but my intent is , that nothing should be done to gods dishonour , to her majesties peril , or the peril of the state. and therefore i will shew the inconveniences that grow of these two . first , if we follow not the princes mind , solomon saith , the kings displeasure is a messenger of death : this is a terrible thing to weak nature , for who is able to abide the fierce countenance of his prince , but if we will discharge our consciences , and be true to god , and prince and state , we must have due consideration of the place and the occasion of our coming together , and especially have regard unto the matter wherein we both shall serve god , and our prince and state faithfully , and not dissembling as eye pleasers , and so justly avoid all displeasures both to god and our prince ; for solomon saith , in the way of the righteous there is life , as for any other way it is the path to death . so that to avoid everlasting death and condemnation with the high and mighty god , we ought to proceed in every cause according to the matter , and not according to the princes mind ; and now i will shew you a reason to prove it perilous always to follow the princes mind . many times it falleth out , that a prince may favour a cause perilous to himself and the whole state ; what are we then if we follow the princes mind , are we not unfaithful unto god , our prince and state ? yes truly , we are chosen of the whole realm , of a special trust and confidence by them reposed in us , to foresee all such inconveniences . then i will set down my opinion herein , that is , he that dissembleth to her majesties peril , is to be counted as an hateful enemy ; for that he giveth unto her majesty a detestable judas his kiss ; and he that contrarieth her mind to her preservation , yea though her majesty would be much offended with him , is to be adjudged an approved lover , for faithful are the wounds of a lover , faith solomon , but the kisses of an enemy are deceitful : and it is better , saith antisthenes , to fall amongst ravens than amongst flatterers , for ravens do but devour the dead corps , but flatterers the living . and it is both traiterous and hellish through flattery to seek to devour our natural prince , and that do flatterers ; therefore let them leave it with shame enough . now to another great matter that riseth of this grievous rumour , what is it forsooth ? whatsoever thou art that pronouncest it , thou dost pronounce thy own discredit ; why so ? for that thou dost what lyeth in thee to pronounce the prince to be rerjured , the which we neither may nor will believe , for we ought not without too too manifest proof to credit any dishonour to our anointed , no we ought not without it to think any evil of her majesty , but rather to hold him a lyar what credit soever he be of ; for the queens majesty is the head of the law , and must of necessity maintain the law , for by the law her majesty is made justly our queen , and by it she is most chiefly maintained : hereunto agreeth the most excellent words of * bracton , who saith , the king hath no peer nor equal in his kingdom ; he hath no equal , for otherwise he might lose his authority of commanding , sithence that an equal hath no rule of commandment over his equal . the king ought not to be under man , but under god and under the law , because the law maketh him a king : let the king therefore attribute that to the law , which the law attributeth unto him , that is , dominion and power ; for he is not a king in whom will and not the law doth rule , and therefore he ought to be under the law. i pray you mark the reason why my authority saith , the king ought to be under the law , for saith he , he is gods vicegerent here upon earth , that is , his lieutenant to execute and do his will , the which is law or justice , and thereunto was her majesty sworn at her coronation , as i have heard learned men in this place sundry times affirm ; unto the which i doubt not but her majesty will for her honour and conscience sake have special regard ; for free speech and conscience in this place are granted by a special law , as that without the which the prince and state cannot be preserved or maintained : so that i would wish every man that feareth god , regardeth the princes honour , or esteemeth his own credit , to fear at all times hereafter to pronounce any such horrible speeches , so much to the princes dishonor ; for in so doing he sheweth himself an open enemy to her majesty , and so worthy to be contemned of all faithful hearts . yet there is another inconvenience that riseth of this wicked rumour , the utterers thereof seem to put into our heads , that the queens majesty hath conceived an evil opinion , diffidence and mistrust in us her faithful and loving subjects ; for if she had not , her majesty would then wish that all the things dangerous to her self should be laid open before us , assuring her self that loving subjects , as we are , would without schooling and direction , with careful minds to our powers , prevent and withstand all perils that might happen unto her majesty : and this opinion i doubt not but her majesty hath conceived of us , for undoubtedly there was never prince that had faithfuller hearts than her majesty hath here ; and surely there were never subjects had more cause heartily to love their prince for her quiet government than we have . so that he that raiseth this rumour , still encreaseth but discredit in seeking to sow sedition as much as lyeth in him , between our merciful queen and us her most loving and faithful subjects , the which by gods grace shall never lie in his power , let him spit out all his venome and there withal shew out his malicious heart ; yet i have collected sundry reasons to prove this a hateful and a detestable rumour , and the utterer thereof to be a very judas to our noble queen , therefore let any hereafter take heed how he publish it , for as a very judas unto her majesty , and enemy to the whole state , we ought to accept him . now the other was a message m r speaker brought the last sessions into the house , that we should not deal in any matters of religion , but first to receive from the bishops : surely this was a doleful message , for it was as much as to say , sirs , ye shall not deal in gods causes , no , ye shall in no wise seek to advance his glory ; and in recompence of your unkindness , god in his wrath will look upon your doings , that the chief cause that ye were called together for , the which is the preservation of their prince , shall have no good success : if some one of this house had presently made this interpretation of this said message , had he not seemed to have the spirit of prophecy ? yet truly i assure you m r speaker , there were divers of this house that said with grievous hearts , immediately upon the message , that god of his justice could not prosper the session ; and let it be holden for a principle m r speaker , that counsel that cometh not together in gods name , cannot prosper : for god saith , where two or three are gathered together in his name there am i in the midst among them : well , god even the great and mighty god , whose name is the lord of hosts , great in councel , and infinite in thought , and who is the only good director of all hearts , was the last session shut out of doors ; but what fell out of it forsooth ? his great indignation was therefore poured upon this house , for he did put into the queens majesties heart to refuse good and wholsome laws for her own preservation , the which caused many faithful hearts for grief to burst out with sorrowful tears , and moved all papists traytors to god and her majesty , who envy good christian government , in their sleeves to laugh all the whole parliament house to scorn ; and shall i pass over this weighty matter so slightly ? nay , i will discharge my conscience and duties to god , my prince and country . so certain it is m r speaker that none is without fault , no not our noble queen , sith then her majesty hath committed great fault , yea dangerous faults to her self . love , even perfect love void of dissimulation , will not suffer me to hide them , to her majesties peril , but to utter them to her majesties safety : and these they are , it is a dangerous thing in a prince unkindly to abuse his or her nobility and people , and it is a dangerous thing in a prince to oppose or bend her self against her nobility and people , yea against most loving and faithful nobility and people . and how could any prince more unkindly intreat , abuse , oppose her self against her nobility and people , than her majesty did the last parliament ? did she not call it of purpose to prevent traiterous perils to her person , and for no other cause ? did not her majesty send unto us two bills , willing us to make choice of that we liked best for her safety , and thereof to make a law , promising her majesties royal consent thereunto ? and did we not first chuse the one , and her majesty refused it , yielding no reason , nay yielding great reasons why she ought to have yielded to it ? yet did we nevertheless receive the other , and agreeing to make a law thereof , did not her majesty in the end refuse all our travels ? and did not we , her majesties faithful nobility and subjects , plainly and openly decy pher our selves unto her majesty and our hateful enemies ; and hath not her majesty left us all to the open revenge ? is this a just recompence in our christian queen for our faithful dealings ? the heathen do requite good for good , then how much more is it to be expected in a christian prince ? and will not this her majesties handling think you , m r speaker , make cold dealing in any of her majesties subjects toward her again ? i fear it will. and hath it not caused many already think you , m r speaker , to seek a salve for the head that they have broken ? i fear it hath , and many more will do the like if it be not prevented in time . and hath it not marvellously rejoiced and encouraged the hollow hearts of her majesties hateful enemies and traiterous subjects ? no doubt but it hath : and i beseech god that her majesty may do all things that may grieve the hearts of her enemies , and may joy the hearts that unfeignedly love her majesty ; and i beseech the same god to endue her majesty with his wisdom , whereby she may discern faithful advice from traiterous sugared speeches , and to send her majesty a melting yielding heart unto sound counsel , that will may not stand for a reason : and then her majesty will stand when her enemies are fallen , for no estate can stand where the prince will not be governed by advice . and i doubt not but that some of her majesties counsel have dealt plainly and faithfully with her majesty herein ; if any have , let it be a sure token to her majesty to know them for approved subjects ; and whatsoever they be that did perswade her majesty so unkindly to intreat , abuse and to oppose her self against her nobility and people , or commend her majesty for so doing , let it be a sure token to her majesty to know them for sure traytors and underminers of her majesties life , and remove them out of her majesties presence and favour : for the more cunning they are , the more dangerous are they unto her majesty . but was this all ? no , for god would not vouchsafe that his holy spirit should all that session descend upon our bishops ; so that that session nothing was done to the advancement of his glory . i have heard of old parliament men , that the banishment of the pope and popery , and the restoring of true religion had their beginning from this house , and not from the bishops ; and i have heard that few laws for religion had their foundation from them ; and i do surely think , before god i speak it , that the bishops were the cause of that doleful message , and i will shew you what moveth me so to think : i was amongst others the last parliament sent unto the bishop of canterbury for the articles of religion that then passed this house , he asked us why we did put out of the book the articles for the homilies , consecrating of bishops , and such like ? surely , sir , said i , because we were so occupied in other matters , that we had no time to examine them how they agreed with the word of god : what , said he , surely you mistook the matter , you will refer your selves wholly to us therein ? no , by the faith i bear to god , said i , we will pass nothing before we understand what it is ; for that were but to make you popes ; make you popes who list , said i , for we will make you none . and sure , m r speaker , the speech seemed to me to be a pope-like speech , and i fear lest our bishops do attribute this of the popes canons unto themselves , papa non potest errare ; for surely if they did not , they would reform things amiss , and not to spurn against gods people for writing therein as they do ; but i can tell them news , they do but kick against the prick , for undoubtedly they both have and do err , and god will reveal his truth , maugre the hearts of them and all his enemie , for great is the truth and it will prevail : and to say the truth , it is an error to think that gods spirit is tied only to them ; for the heavenly spirit saith , first seek the kingdom of god and the righteousness thereof , and all these things ( meaning temporal ) shall be given you : these words were not spoken to the bishops only , but to all ; and the writ , m r speaker , that we are called up by , is chiefly to deal in gods cause ; so that our commission both from god and our prince is to deal in gods causes : therefore the accepting of such messages , and taking them in good part do highly offend god , and is the acceptation of the breach of the liberties of this honourable councel ; for is it not all one thing to say , sirs , you shall deal in such matters only , as to say , you shall not deal in such matters ? and so as good to have fools and flatterers in the house , as men of wisdom , grave judgment , faithful hearts , and sincere consciences , for they being taught what they shall do can give their consents as well as the others : well , he that hath an office , saith s t paul , let him wait on his office , or give diligent attendance upon his ofsice . it is a great and special part of our duty and office , m r speaker , to maintain the freedom of consultation and speech , for by this , good laws that do set forth gods glory , and for the preservation of the prince and state are made . s t paul in the same place saith , hate that which is avil , cleave unto that which is good : then with s t paul , i do advise you all here present , yea and heartily and earnestly desire you from the bottom of your hearts to hate all messengers , tale-carriers , or any other thing whatsoever it be that any manner of way infringes the liberties of this honourable councel ; yea hate it or them as venemous and poyson unto our common-wealth , for they are venemous beasts that do use it ; therefore i say again and again , hate that which is evil and cleave unto that which is good ; and this being loving and faithful hearted , i do wish to be conceived in fear of god , and of love to our prince and statè ; for we are incorporated into this place , to serve god and all england , and not to be time-servers , as humour-feeders , as cancers that would pierce the bone , or as flatterers that would fain beguile all the world , and so worthy to be condemned both of god and man ; but let us shew our selves a people endued with faith , i mean with a lively faith , that bringeth forth good works , and not as dead . and these good works i wish to break forth in this sort , not only in hating the enemies before-spoken against , but also in open reproving them as enemies to god , our prince and state that do use them , for they are so . therefore i would have none spared or forborn that shall from henceforth offend herein , of what calling soever he be , for the higher place he hath the more harm he may do ; therefore if he will not eschew offences , the higher i wish him hanged . i speak this in charity , m r speaker , for it is better that one should be hanged , than that this noble state should be subverted ; well i pray god with all my heart to turn the hearts of all the enemies of our prince and state , and to forgive them that wherein they have offended , yea and to give them grace to offend therein no more ; even so i do heartily beseech god to forgive us for holding our peaces when we have heard any injury offered to this honourable councel ; for surely it is no small offence , m r speaker , for we offend therein against god , our prince and state , and abuse the confidence by them reposed in us . wherefore god for his great mercies sake , grant that we may from henceforth shew our selves neither bastards nor dastards therein , but that as rightly begotten children , we may sharply and boldly reprove gods enemies , our princes and state ; and so shall every one of us discharge our duties in this our high office , wherein he hath placed us , and shew our selves haters of evil , and cleavers to that , that is good , to the setting forth of gods glory and honour , and to the preservation of our noble queen and common-wealth : for these are the marks that we ought only in this place to shoot at . i am thus earnest i take god to witness , for conscience sake , love , love unto my prince and common-wealth , and for the advancement of justice ; for justice saith an antient father , is the prince of all vertues , yea the safe and faithful guard of mans life , for by it empires , kingdoms , people and cities be governed , the which if it be taken away , the society of man cannot long endure . and a king , saith solomon , that sitteth in the throne of judgment and looketh well about him , chaseth away all evil ; in the which state and throne , god for his great mercies sake , grant that our noble queen may be heartily vigilant and watchful ; for surely there was a great fault committed both in the last parliament ; and since also that was , as faithful hearts as any were unto the prince and state , received most displeasure , the which is but an hard point in policy , to encourage the enemy , to discourage the faithful-hearted who of fervent love cannot dissemble , but follow the rule of s t paul , who saith , let love be without dissimulation . now to another great fault i found the last parliament committed by some of this house also , the which i would desire of them all might be left ; i have from right good men in other causes , although i did dislike them in that doing , sit in an evil matter against which they had most earnestly spoken : i mused at it , and asked what it meant , for i do think it a shameful thing to serve god , their prince or country , with the tongue only , and not with the heart and body . i was answered that it was a common policy in this house , to mark the best sort of the same , and either to sit or arise with them ; that same common policy i would gladly have banished this house , and have grafted in the stead thereof , either to rise or sit as the matter giveth cause : for the eyes of the lord behold all the earth to strengthen all the hearts of them that are whole with him . these be gods own words , mark them well , i heartily beseech you all ; for god will not receive half part , he will have the whole . and again , he misliketh those two faced gentlemen , and here be many eyes that will to their great shame behold their double dealing that use it . thus i have holden you long with my rude speech , the which since it tendeth wholly with pure conscience to seek the advancement of gods glory , our honourable soveraigns safety , and to the sure defence of this noble isle of england , and all by maintaining of the liberties of this honourable councel , the fountain from whence all these do spring ; my humble and hearty suit unto you all is , to accept my good will , and that this that i have here spoken out of conscience and great zeal unto my prince and state , may not be buried in the pit of oblivion , and so no good come thereof . upon this speech the house out of a reverend regard of her majesty's honour , stopped his further proceeding before he had fully finished his speech . the message he meant and intended was that which was set by her majesty to the house of commons in the said fourteenth year of her reign upon wednesday the th day of may , by sir francis knolles knight , treasurer of her majesties houshold , inhibiting them for a certain time to treat or deal in the matter touching the scottish queen . now follows the proceeding of the house upon this speech out of the original journal-book it self . m r wentworth being sequestred the house as aforesaid for his said speech , it was agreed and ordered by the house upon the question ( after sundry motions and disputations had therein ) that he should be presently committed to the serjeants-ward as prisoner , and so remaining should be examined upon his said speech for the extenuating of his fault therein , by all the privy council being of this house , the master of the requests , the captain of the guard , m r treasurer of the chamber , the master of the jewel-house , the master of the wardrobe , m r lieutenant of the tower , sir thomas scott , sir rowland hayward , m r attorney of the dutchy , m r henry knolles the elder , m r sampoole , m r randall , m r birched , m r marsh , who were appointed to meet this afternoon between two and three of the clock at the star-chamber , and to make report at this house to morrow next . and then the said peter wentworth was brought to the bar , and committed thereupon to the said serjeants-ward according to the said order . this afternoon-passages being thus transcribed for the most part out of the original journal-book of the house of commons , now follows the examination of the said m r wentworth before the committees before appointed , which is transcribed out of a memorial or copy thereof set down by the said m r wentworth himself , being as followeth . post meridiem . a true report of that which was laid to my charge in the star-chamber by the committees of the parliament house ( viz. the house of commons ) that same afternoon ( viz. wednesday february the th ) after that i had delivered the speech in the house that forenoon , and my answer to the same . committees . first , where is your late speech you promised to deliver in writing ? wentworth . here it is , and i deliver it upon two conditions ; the first is , that you shall peruse it all , and if you can find any want of good will to my prince and state in any part thereof , let me answer all as if i had uttered all . the second is , that you shall deliver it unto the queens majesty ; if her majesty or you of her privy-council can find any want of love to her majesty or the state therein also , let me answer it . commit . we will deal with no more than you uttered in the house . went. your honours cannot refuse to deliver it to her majesty , for i do send it to her majesty as my heart and mind , knowing it will do her majesty good , it will hurt no man but my self . commit . seeing your desire is to have us deliver it to her majesty , we will deliver it . went. i humbly require your honours so to do . commit . then the speech being read , they said , here you have uttered certain rumors of the queens majesty , where and of whom heard you them ? went. if your honours ask me as councellors to her majesty , you shall pardon me ; i will make you no answer : i will do no such injury to the place from whence i came ; for i am now no private person , i am a publick , and a councellor to the whole state in that place where it is lawful for me to speak my mind freely , and not for you as councellors to call me to account for any thing that i do speak in the house ; and therefore if you ask me as councellors to her majesty , you shall pardon me , i will make no answer ; but if you ask me as committees from the house , i will make you the best answer i can . commit . we ask you as committees from the house . went. i will then answer you , and the willinger for that mine answer will be in some part so imperfect as of necessity it must be . your question consisteth of these two points , where and of whom i heard these rumors ? the place where i heard them was the parliament house ; but of whom , i assure you i cannot tell . commit . this is no answer to say you cannot tell of whom , neither will we take it for any . went. truly your honours must needs take it for an answer , when i can make you no better . commit . belike you have heard some speeches in the town of her majesties misliking of religion and succession ; you are loth to utter of whom , and did use speeches thereupon . went. i assure your honours i can shew you that speech at my own house , written with my hand two or three years ago . so that you may thereby judge that i did not speak it of any thing that i heard since i came to town . commit . you have answered that , but where heard you it then ? went. if your honours do think i speak for excuses sake , let this satisfie you . i protest before the living god i cannot tell of whom i heard these rumors : yet i do verily think that i heard them of a hundred or two in the house . commit . then of so many you can name some . went. no surely , because it was so general a speech , i marked none ; neither do men mark speakers commonly when they be general : and i assure you if i could tell , i would not . for i will never utter any thing told me , to the hurt of any man , when i am not enforced thereunto , as in this case i may chuse . yet i would deal plainly with you , for i would tell your honours so , and if your honours do not credit me , i will voluntarily take an oath , if you offer me a book , that i cannot tell of whom i heard those rumors . but if you offer me an oath of your authorities , i will refuse it , because i will do nothing to infringe the liberties of the house . but what need i to use these speeches ? i will give you an instance whereupon i heard these rumors to your satisfying , even such a one , as if you will speak the truth you shall confess that you heard the same as well as i. commit . in so doing we will be satisfied , what is that ? went. the last parliament ( by which it may be conceived he meant and intended that parliament in an . reginae eliz. ) he that is now speaker ( viz. robert bell esquire , who was also speaker in the first session of this present parliament in an . reginae ejusdem ) uttered a very good speech for the calling in of certain licences granted to four courtiers , to the utter undoing of six or eight thousand of the queens majesties subjects . this speech was so disliked of some of the councel , that he was sent for , and so hardly dealt with , that he came into the house with such an amazed countenance , that it daunted all the house in such sort , that for ten , twelve , or sixteen days , there was not one in the house that durst deal in any matter of importance . and in those simple matters that they dealt in , they spent more words and time in their preamble , requiring that they might not be mistaken , than they did in the matter they spake unto . this inconvenience grew unto the house by the councellors hard handling of the said good member , whereupon this rumor grew in the house . sirs , you may not speak against licences , the queens majesty will be angry , the councel will be too too angry , and this rumor i suppose there is not one of you here but heard it as well as i. i beseech your honours discharge your consciences herein as i do . commit . we heard it we confess , and you have satisfied us in this ; but how say you to the hard interpretation you made of the message that was sent into the house ? ( the words were recited . ) i assure you i never heard an harder interpretation of a message . went. i beseech your honours , first , was there not such a message sent unto the house ? commit . we grant that there was . went. then i trust you will bear me record that i made it not ; and i answer you that so hard a message could not have too hard an interpretation made by the wisest man in england . for can there by any possible means be sent a harder message to a councel gathered together to serve god , than to say , you shall not seek to advance the glory of god ? i am of this opinion that there cannot be a more wicked message than it was . commit . you may not speak against messages , for none sendeth them but the queens majesty . went. if the message be against the glory of god , against the princes safety , or against the liberty of this parliament house whereby the state is maintained , i neither may nor will hold my peace . i cannot in so doing discharge my conscience , whosoever doth send it . and i say , that i heartily repent me , for that i have hitherto held my peace in these causes , and i do promise you all ( if god forsake me not ) that i will never during life hold my tongue , if any message is sent , wherein god is dishonoured , the prince perilled , or the liberties of the parliament impeached ; and every one of you here present ought to repent you of these faults and to amend them . commit . it is no new precedent to have the prince to send messages . ( then were two or three messages recited sent by two or three princes . ) went. sirs ( said i ) you do very evil to alledge precedents in this order . you ought to alledge good precedents to comfort and embolden men in good doing , and evil precedents to discourage and terrisie men to do evil . commit . but what meant you to make so hard interpretation of messages ? went. surely i marvel what you mean by asking this question . have i not said , so hard a message could not have too hard an interpretation ; and have i not set down the reason that moved me in my speech , that is to say , that for the receiving and accepting that message , god has poured so great indignation upon us , that he put into the queens majesties heart to refuse good and wholsome laws for her own preservation ; which caused many loving and faithful hearts for grief to burst out with sorrowful tears , and moved all papists , traytors to god , to her majesty , and to every good christian government , in their sleeves to laugh the whole parliament house to scorn . have i not thus said , and do not your honours think it did so ? commit . yes truly . but how durst you say that the queens majesty had unkindly abused her self against the nobility and people ? went. i beseech your honours tell me how far you can stretch these words of her unkindly abusing and opposing her self against her majesties nobility and people ? can you apply them any further than i have applied them , that is to say , in that her majesty called the parliament of purpose to prevent trayterous perils to her person , and for no other cause , and in that her majesty did send unto us two bills , willing us to take our choice of that we liked best for her majesties safety , and thereof to make a law promising her royal consent thereunto ; and did we not first chuse the one and her majesty refused it ? yet did not we nevertheless receive the other ? and agreeing to make a law thereof , did not her majesty in the end refuse all our travels ? and did not the lord keeper in her majesties presence in the beginning of the parliament , shew this to be the occasion that we were called together ? and did not her majesty in the end of the parliament refuse all our travels , is not this known to all here present , and to all the parliament house also ? i beseech your honours discharge your consciences herein , and utter your knowledge simply as i do , for in truth herein her majesty did abuse her nobility and subjects , and did oppose her self against them by the way of advice . commit . surely we cannot deny it , you say the truth . went. then i beseech your honours shew me if it were not a dangerous doing to her majesty in these two respects . first in weakning , wounding and discouraging the hearts of her majesties loving and faithful subjects , thereby to make them the less able or the more fearful and unwilling to serve her majesty . another time , on the other side was it not a raising up and encouraging the hearts of her majesties hateful enemies to adventure any desperate enterprize to her majesties peril and danger ? commit . we cannot deny but that it was very dangerous to her majesty in those respects . went. and is it not a loving part of a subject to give her majesty warning to avoid danger ? commit . it is so . went. then why do your honours ask how i dare tell a truth , to give the queens majesty warning to avoid her danger ? i answer you thus , i do thank the lord my god , that i never found fear in my self to give the queens majesty warning to avoid her danger , be you all afraid thereof if you will , for i praise god i am not , and i hope never to live to see that day , and yet i will assure your honours that twenty times and more , when i walked in my grounds revolving this speech to prepare against this day , my own fearful conceit did say unto me that this speech would carry me to the place whither i shall now go , and fear would have moved me to have put it out ; then i weighed whether in good conscience , and the duty of a faithful subject , i might keep my self out of prison , and not to warn my prince from walking in a dangerous course ; my conscience said unto me that i could not be a faithful subject , if i did more respect to avoid my own danger than my princes danger : herewith all i was made bold and went forward as your honours heard , yet when i uttered those words in the house , that there was none without fault , no not our noble queen ; i paused and beheld all your countenances , and saw plainly that those words did amaze you all : then i was afraid with you for company , and fear bad me to put out those words that followed , for your countenances did assure me that not one of you would stay me of my journey ; yet the consideration of a good conscience and of a faithful subject did make me bold to utter it in such sort as your honours heard , with this heart and mind i spake it , and i praise god for it , and if it were to do again i would with the same mind speak it again . commit . yea but you might have uttered it in better terms , why did you not so ? went. would you have me to have done as you of her majesties privy-council do , to utter a weighty matter in such terms as she should not have understood , to have made a fault , then it would have done her majesty no good , and my intent was to do her good . commit . you have answered us . went. then i praise god for it , and as i made a courtesie , another spake these words . commit . m r wentworth will never acknowledge himself to make a fault , nor say that he is sorry for any thing that he doth speak , you shall hear none of these things come out of his mouth . went. m r seckford , i will never confess that to be a fault to love the queens majesty whilst i live , neither will i be sorry for giving her majesty warning to avoid danger while the breath is in my body ; if you do think it a fault to love her majesty , or to be sorry that her majesty should have warning to avoid her danger , say so , for i cannot ; speak for your self m r secksord . this examination of m r wentworth being thus transcribed out of that copy i had of it , now follows the next days passages out of the original journal-book of the house of commons ; and it is not here to be over-passed , that the said m r wentworth was by the queens special favour restored again to his liberty and place in the house on monday the th day of march ensuing . on thursday the th day of february , it was ordered by this house upon a motion that john lord russell , son and heir apparent of the right honourable the earl of bedford , being a burgess for the borough of birtport in the county of dorset , shall continue a member of this house according to the like former president in the like case had heretofore of the said new earl his father . this day m r treasurer in the name of all the committees yesterday appointed for the examination of peter wentworth burgess for tregony , declared , that all the said committees did meet yesterday in the afternoon in the star-chamber according to their commission , and there examining the said peter wentworth touching the violent and wicked words yesterday pronounced by him in this house touching the queens majesty , made a collection of the same words ; which words so collected , the said peter wentworth did acknowledge and confess . and then did the said m r treasurer read unto the house the said note of collection , which being read , he declared further that the said peter wentworth being examined what he could say for the extenuating of his said fault and offence , could neither say any thing at all to that purpose , neither yet did charge any other person as author of his said speech , but did take all the burthen thereof unto himself ; and so the said m r treasurer thereupon moved for his punishment and imprisonment in the tower as the house should think good and consider of ; whereupon after sundry disputations and speeches , it was ordered upon the question , that the said peter wentworth should be committed close prisoner to the tower for his said offence , there to remain until such time as this house should have further consideration of him . and thereupon immediately the said peter wentworth being brought to the bar by the serjeant received his said judgment accordingly by the mouth of m r speaker in form above-recited : and so m r lieutenant of the tower was presently charged with the custody of the said peter wentworth . but the said peter wentworth was shortly by the queens special favour restored again to his liberty and place in the house , ut vide on monday the th day of march following . m r moor , m r norton , m r yelverton and m r fenner were appointed to draw a bill against stealing away of mens children by colour of privy contracts . it was resolved by this house , that any person being a member of the same , and being either in service of ambassage , or else in execution , or visited with sickness , shall not in any wise be amoved from their place in this house , nor any other to be during such time of service , execution or sickness elected . vide consimile january the th thursday in anno reginae eliz. m r seckford master of the requests , sir nicholas arnold , m r atkins and m r marsh were appointed to confer together touching the number of knights and burgesses of the parliament . three bills lastly of no great moment had each of them their first reading ; of which the last was the bill for assurances of lands and tenements in antient demesn , and for preservation of the lords seignories . on friday the th day of february , upon a motion made by m r dalton in the behalf of the lord russell , supposing he should not be continued a member of this house , it is nevertheless generally resolved by this house that he may not be discharged of the same : upon present notice whereof given unto him by the serjeant , the said lord russell came into this house accordingly . nota , that this lord russell was son and heir apparent of francis the second earl of bedford of this sirname , who having no place in the upper house might very well be admitted a member of the house of commons , and the precedents of this kind have been so frequent in all the parliaments of latter times since queen elizabeths death , as there shall need no vouching of them . and it lies also in the favour of the prince to make such heirs apparent of earldoms members of the upper house by summoning them thither by writ , but then they take not place there as the sons of earls , but according to the antiquity of their fathers baronies . two bills of no great moment had each of them their first reading ; of which the second was the bill touching bastardy . m r chancellor of the exchequer declaring the great charges of the queens majesty many and sundry ways since her entry to the crown , as well in foreign as domestical occasions , for the benefit and peaceable government of the state and common-wealth , and the great and imminent necessity of present provision to be had and made for the continuance of the same , did after many great and weighty reasons shewed , move for a subsidy : which speech in respect that it is but thus abstractedly set down in the original journal-book of the house of commons , and containeth in it matter of very good moment , i have thought good to supply it at large out of a copy thereof i had by me being as followeth : that in the beginning of this our meeting such matters as be of importance may be thought on in time , i am bold with your favours to move you of one that in my opinion is both of moment and of necessity . to the end if you likewise find the same to be so , you may commit it further to the consideration of such as you shall think convenient . and that you may the better judge of that which i shall propound , it is requisite that i put you in remembrance , first , how the queen found the realm , next how she hath restored and conserved it ; and thirdly , how we stand now . touching the first no man can be ignorant how that our most gracious queen at her entring found this noble realm , by reason of the evil government preceeding ; miserably over-whelmed with popery , dangerously afflicted with war , and grievously afflicted with debts ; the burthen of which three cannot be remembred without grief , especially if we call to mind how this kingdom being utterly delivered from the usurped tyranny of rome , and that many years together , was nevertheless by the iniquity of later time brought back again into the former captivity , to the great thraldom both of body and soul of all the people of this land. a wretched time , and wretched ministers to bring to pass so wretched and wicked an act to strengthen this bondage of rome . we saw how there was brought hither a strong nation to press our necks again into the yoke ; terrible this was to all the inhabitants of this land , and so would have proved , if their abode had been here so long as was to be feared from them ; and by their occasion came the war that we entred into with france and scotland , and not upon any quarrel of our own ; but to help them forward to their great advantage and our great loss and shame , by means whereof and of other disorders the realm grew into great debt both at home and abroad , and so was left to the intollerable loss and charge of her majesty and the state. the realm being thus miserably oppressed with popery , with war and with debts , the queen our most gracious soveraign hath thus restored and conserved it , she hath delivered us from the tyrannous yoke of rome , and restored again the most holy religion of the gospel , not slacking any time therein ; but even at the first doing that which was for the honour of god , to the unspeakable joy of all good subjects . but adventuring thereby the malice of the mighty princes of the world , her neighbours being enemies of our religion ; whereby it did appear how much she preferred the glory of our god before her own quietness : this done , she made peace with france and scotland , the one a mighty nation , the other though not so potent , yet in regard of their nearness and of their habitation with us upon our continent more dangerous : which may easily appear by consideration of former times , wherein it hath been seen how dangerous scottish wars have proved to this realm above those of any other nation . but such hath been the providence of our gracious queen as the peace with scotland , which in times past was found very tickle , is now become so firm as in no age there hath been so long and so good peace between them and us . and that is brought to pass the rather for that her majesty by two notable exploits with her forces , the one to lieth and another to edenburgh-castle , hath both quieted that realm , and taken away all occasions of hostility that might arise against this country ; also by the first delivering scotland from the french which had so great a footing there , as without aid from hence they must needs in short time have tyrannized over that country to their perpetual servitude , and to the peril also of this country , being so near them , and they so ill neighbours to dwell by . and by the second ending and putting out the fire of the civil wars amongst them to the preservation of their young king and the perpetual quietness of that realm , both which as they have brought unto her majesty great and immortal honor and renown , and to this country and that , peace and surety : so you cannot but think therewith upon the charges which necessarily follow such two journeys furnished by land and by sea , as for the atchieving of so great enterprizes was requisite . what her majesty hath done , besides for the suppressing of a dangerous and unnatural rebellion practised by the pope , the most principal and malicious enemy of this state , and put in ure by certain undutiful subjects in the north parts of this realm was seen so late even in your view , as it needeth not to be remembred , neither the charge that belongeth to a matter of such importance as did threaten the utter ruine to our most gracious soveraign and to all the people of this land , if god of his mercy had not prevented it . notwithstanding all which costly journies both into scotland and within the realm , her majesty hath most carefully and providently delivered this kingdom from a great and weighty debt , wherewith it hath been long burthened . a debt begun four years at the least before the death of king henry the eighth , and not cleared until within these two years , and all that while running upon interest , a course able to eat up not only private men and their patrimonies , but also princes , and their estates ; but such hath been the care of this time , as her majesty and the state is clearly freed from that eating corrosive , the truth whereof may be testified by the citizens of london , whose bonds under the common seal of the city of assurance of payment being usually given and renewed , and which have hanged so many years to their great danger , and to the peril of the whole traffick are now all discharged , cancelled , and delivered into the chamber of london to their own hands . by means whereof the realm is not only acquitted of this great burthen , and the merchants free , but also her majesties credit thereby both at home and abroad greater than any other prince for money , if she have need , and so in reason it ought to be , for that she hath kept promise to all men , wherein other princes have often failed to the hindrance of many . lastly , for this point how the justice of this realm is preserved and ministred to her people by her majesties political and just government is so well known to all men , as our enemies are driven to confess , that justice which is the band of all common-wealths doth so tie and link together all degrees of persons within this land , as there is suffered here no violence , no oppression , no respect of persons in judgment ; but jus equabile used to all indifferently . all which godly , provident and wise acts in government , have brought forth these effects that we be in peace , and all our neighbours in war ; that we be in quietness at home , and safe enough from troubles abroad ; that we live in wealth and all prosperity , and that which is the greatest , we enjoy the freedom of our consciences delivered from the bondage of rome , wherewith we were so lately oppressed : and thus we stand . but for all this as wise mariners in calm weather do most diligently prepare their tackles , and provide to withstand attempts that may happen : even so in this our blessed time of peace that we enjoy by the blessing of god through the ministry of her majesty , we ought in time to make provision to prevent any storm that may arise either here or abroad , and neither to be too careless or negligent , but think that the tayl of these storms , which are so bitter and so boisterous in other countries may reach us also before they be ended , especially if we do not forget the hatred that is born us by the adversary of our religion both for our profession , and for that this realm is also a merciful sanctuary for such poor christians as sly hither for succour ; so as now one of the most principal cares that we ought to care in this great councel of the realm is both to consider aforehand the dangers that may come by the malice of enemies , and to provide in time how to resist them ; and seeing that by those great occasions which i have remembred , you can easily understand how low her majesties coffers are brought , it is our parts frankly and willingly to offer unto her majesty such a contribution as shall be able to restore the same again in such sort as she may be sufficiently furnished of treasure to put in order and maintain her forces by land and by sea to answer any thing that shall be attempted against her and us ; and unless it might seem strange to some that her majesty should want this , some considering that not long sithence aid was granted by the realm . to that i answer , that albeit her majesty is not to yield an account how she spendeth her treasure , yet for your satisfactions i will let you understand such things as are very true , and which i dare affirm , having more knowledge thereof than some other , in respect of the place i hold in her majesties service . first how favourable the taxations of subsidies be through the whole realm cannot be unknown to any , whereby far less cometh to her majesties coffers than by the law is granted , a matter now drawn to be so usual as it is hard to be reformed . next the clearing of all debts that run upon interest to the insupportable charge of the realm . thirdly , the charge is suppressing the rebellion in the north. fourthly , the free and honourable repayment of the last loans , the like whereof was not seen before . fifthly , the journey to edenburgh-castle for the quieting of that country and this . and lastly , the great and continual charges in ireland by the evil disposition of the people there , all which could not have been performed by the last aid , except it had pleased her majesty to spare out of her own revenues great sums of money for the supplying of that which lacked , wherein she more respected the realm than her own particular estate , living as you see in most temperate manner , without either building or other superfluous things of pleasure ; and like as these be causes sufficient to move you to devise how these wants may be repaired , so you ought the rather to do it , for that her majesty lacketh and cannot have without great inconvenience , those helps which in the times of her father , her brother and sister were used , as the abasing of coin , which brought infinite sums to them , but wrought great damage to the realm , which we yet feel , and should do more , had not her majesty to her perpetual fame , restored the same again , so much as the time could suffer . the sale of lands whereof came also very great sums of money , but that is not hereafter to be used , saving that by the same the revenues of the crown are greatly diminished , which it cannot more bear , the borrowing of money upon interest the burthen whereof the realm hath felt so heavy as that is never more to be done , if by any means it may be avoided . and yet notwithstanding all those helps , it is apparent that subsidies were continually granted in those times , if so then , much more now then , besides war and other extraordinary charges may happen , her majesties very ordinary charges which she cannot but sustain , are far greater by dearth of prices and other occasions , than in any other princes days , as you may see by the ordinary and annual charges of the houshold , the navy , the ordnance , the armory , the garrison of berwick , the standing garrison and officers within the realm of ireland . and whether these are like to be more costly to her majesty than in former times in respect of the prices of all things , let every man judge by the experience he hath of his private expences . and so to draw to an end for avoiding of your trouble . i trust these few things may suffice to remember us how her majesty found the realm , how she hath restored and preserved it , and how the present state is now , and therewith all may serve as reasons sufficient to perswade us to deal in this necessary cause as her majesty being the head of the common-wealth : be not unfurnished of that which will be sufficient to maintain both her self and us against the private or open malice of , enemies , wherein let us so proceed as her majesty may find how much we think our selves bound to god that hath given us so gracious a queen over us , and shew thereby also such gratuity towards her as she may perform the course of her government cum alacritate . this foregoing speech of sir walter mildmay knight , chancellor of the exchequer , being thus transcribed out of the copy thereof i had by me , now follow the proceedings thereupon out of the original journal book of the house of commons , by which it appeareth that divers members of the said house were appointed immediately after it to have conference for drawing of a bill for a subsidy , which committees were as followeth , viz. all the privy-council being of this house , m r captain of the guard , the master of the requests , sir thomas scott , sir rowland hayward , sir nicholas arnold , sir thomas shirley , sir george speake , sir henry lea , sir robert wingfeild , sir john thynne , sir george turpin , sir william winter , sir william morgan , sir edward stanhope , m r edward horsey master recorder of london , m r serjeant lovelace , m r sampoole , m r grimston , m r more , m r popham , m r telverton , and m r hilliard , to meet this afternoon at the star-chamber , or some other place near unto it at three of the clock . m r wilson master of the requests , m r norton , m r marsh , m r edward stanhope , m r sandes , m r atkins , and m r george ireland , were appointed to draw a bill for the safe keeping of the church books or registers of the christnings , marriages and burials , and to meet upon sunday next in the afternoon at m r wilsons chamber in the arches at three of the clock . m r comptroller , m r chancellor of the exchequer , m r recorder of london , m r attorney of the dutchy , m r popham , m r marsh , m r sampoole , m r cromwell , m r thomas browne , and m r robert snagg , were appointed to have conference in the star-chamber to morrow at three of the clock in the afternoon for drawing of a bill against the oppression of common promoters . the bill lastly , for setting the poor on work and for avoiding of idleness , was read the second time . on saturday the th day of february , two bills of no great moment had each of them one reading ; of which the first being the bill for m r hatton was read the first time . upon sundry arguments made unto the bill for setting the poor on work and for avoiding of idleness , it was committed unto m r treasurer , sir rowland hayward , sir nichlas arnold , m r more , m r robert bowes , m r atkins , m r alford , m r aldrich , m r sampoole , m r norton , m r cromwell , m r snagg , m r layton , m r waye , m r popham , m r woley , m r fleet , m r honnywood , m r longley , m r ailmer , m r newdigate , m r william thomas , m r tate , m r owen , m r grimston , and m r cure , to meet at this house upon monday next at three of the clock in the afternoon . christopher dighton gent. one of the citizens for the city of worcester , was licensed by m r speaker to take his journey unto the said city of worcester for execution of dedimus potestatem in the service of our soveraign lady the queens majesty . on monday the th day of february , five bills of no great moment had each of them one reading ; of which the last being the bill that in actions upon the case brought for words , the county may be traversed was read the second time , and committed presently after this forenoon . m r treasurer for himself and the residue of the committees for the subsidy ( whose names see on friday the th day of this instant february foregoing ) declared that upon conference had amongst them at their meeting together upon friday last , they did then assent unto certain articles for drawing of a bill for one subsidy and two fifteenths and tenths to be paid at several times , whereupon the same articles were read by the clerk , and then by order of the house were the same articles delivered to some of the committees being of the privy-council , that some of the queens majesties learned councel may by warrant from this house cause the same bill to be drawn accordingly . vide concerning this matter on wednesday the th day of this instant february ensuing . the bill for traversing of the county in actions upon the case was committed unto m r seckford master of the requests , m r colshill , m r newdigate , and others who were appointed to meet upon thursday next at three of the clock in the afternoon in the temple church . the petitions touching ports was read and committed unto all the privy-council being of this house , the lord russell , m r captain of the guard , sir thomas scott , sir william winter , m r recorder of london , the burgesses for dover , m r sampoole , m r grice , mr. john hastings , mr. norton , sir arthur basset , mr. diggs , sir henry gate , sir henry wallop , mr. langley , mr. hawkins richardson , mr. randall , mr. gardiner , mr. sanders , mr. jenison , mr. beale , mr. honnywood , mr. tremaine , sir george speak , mr. captain of the wight , sir henry ratcliffe , mr. elesdon , mr. layton , and the burgesses of linne , to meet to morrow at three of the clock in the afternoon in the exchequer chamber . sir nicholas arnold , mr. snagg , mr. norton , and mr. atkins , were added to the former committees for drawing of a bill against the promoters ( whose names see on friday the th day of february ) to meet upon thursday next in the afternoon at two of the clock in the treasury-chamber near the star-chamber . the bill for reformation of errors in fines and common recoveries was read the second time and committed unto mr. recorder of london , mr. attorney of the dutchy , mr. baber , mr. yelverlon , and others to meet at three of the clock this present day in the exchequer chamber . charles johnson of the inner temple gent. being examined at the bar for coming into this house , this present day ( the house sitting ) confessing himself to be no member of this house , is ordered that m r wilson master of the requests , mr. recorder of london , and mr. cromwell to examine him ( wherein he seigned to excuse himself by ignorance ) he was committed to the serjeants ward , till further order should be taken by this house . sir richard read , and mr. doctor berkley brought into this house a bill from the lords touching the diminishing and impairing of the coins of this realm and of other foreign coins not currant within this realm . two bills lastly , had each of them their several readings ; of which the second being the bill for the preservation of the lords seignories was read the second time and ordered to be ingrossed . on tuesday the th day of february , the bill for mr. hatton was read the second time and ordered to be ingrossed , and committed unto mr. treasurer , mr. heneage , mr. cromwell , mr. dalton , mr. john spencer , mr. norton , and mr. alford , to examine the suggestion of the bill touching the consent of the parties to the passing of the same bill ; whereupon mr. john spencer one of the committees , being also one of the persons named in the said bill so resolved the residue of the committees , that upon the report thereof made to the house by mr. treasurer it was presently ordered that the bill should be ingrossed , and the proviso omitted and left out . the bill for the true payment of the debts of william isley esquire , was read the second time , and the proviso to the same bill being twice read , it was committed to mr. secretary walsingham , mr. chancellor of the exchequer , mr. treasurer of the chamber and others . two bills lastly of no great moment had each of them one reading ; of which the first being the bill for jeofailes was read the first time . on wednesday the th day of february , three bills of no great moment had each of them one reading ; of which the third being the bill against diminishing and impairing the coins of this realm , or of other foreign realms currant within this realm , was read the second time and committed to mr. treasurer , mr. chancellor of the exchequer , mr. secretary smith , mr. secretary walsingham , mr. captain of the guard , mr. chancellor of the dutchy , mr. heneage , mr. lieutenant of the tower , mr. sandes , mr. darrington , mr. popham , and mr. norton , to confer with the lords at the next time that any bill shall be sent to the lords from this house . the bill against bastardy was upon the second reading committed unto mr. comptroller , mr. secretary smith , sir thomas scott , and others to meet upon friday next at three of the clock in the afternoon at the star-chamber . the bill for reformation of jeofailes , &c. was read the second time and committed unto mr. seckford master of the requests , mr. serjeant lovelace , mr. recorder of london and others . the bill for the freemen of the city of london was read the second time and ordered to be ingrossed . upon sundry motions this day made touching the further proceeding with , or delivery of charles johnson prisoner in the serjeants ward , it was ordered that the matter be referred to be further resolved to morrow next , sitting the court. vide concerning this matter on monday the th day of this instant february foregoing . on thursday the th day of february , the bill for one subsidy and two fifteenths and tenths was read the first time . vide concerning this bill of the subsidy on wednesday the th day of this instant february ensuing . mr. lieutenant of the tower , sir nicholas arnold , and mr. serjeant lovelace were appointed to examine the matter touching the arrest of mr. hall's servant before mr. speaker at his chamber this afternoon . vide concerning this matter on saturday the th day of march ensuing . the bill touching the making of woollen cloths in the counties of wilts , somerset , and gloucester , was read the first time . mr. doctor berkley and mr. powle brought from the lords the bill against excess in apparel , and the bill for confirmation of letters patents . the bill touching the making of woollen cloths was committed unto mr. comptroller , sir rowland hayward , sir john thynne , and others who were appointed to meet upon saturday next at the guild-hall at two of the clock in the afternoon . the bill lastly for assurances of lands late of edward dacre was read the second time , and ordered to be ingrossed . on friday the th day of february , five bills of no great moment had each of them one reading ; of which the fourth being the bill against making of double double ale , and double double beer , and the fifth against inholders and tiplers , were each of them read the first time , and committed unto sir henry gates , sir rowland hayward , mr. edward popham and others , who were appointed to meet to morrow in the afternoon at westminster-hall at three of the clock . two bills also of no great moment had each of them one reading ; of which the second being the bill against the dangerous abusing of daggs , pistolets , &c. was read the second time and committed unto mr. secretary smith , mr. comptroller , mr. lieutenant of the tower , and others to meet upon tuesday next in the exchequer chamber at two of the clock in the afternoon . the new bill for reformation of errors in fines and common recoveries was read the first time . upon sundry motions it was concluded by this house , that according to the old precedents of this house , mr. serjeant ieffrie being one of the knights returned for sussex may have voice or give his attendance in this house as a member of the same , notwithstanding his attendance in the upper house as one of the queens serjeants , for his councel there as the place where he hath no voice indeed , nor is any member of the same . the bill for reformation of under-sheriffs and other officers , was read the second time and committed on the day next following . quod nota . on saturday the th day of february , six bills of no great moment had each of them one reading ; of which the last being the bill for cutting and working of tanned leather was read the first time and committed unto mr. treasurer , sir nicholas arnold , sir john thynne , sir george bowes , and others to meet upon tuesday next at the guildhall at two of the clock in the afternoon . the bill for assurance of lands to be made without coven , was read the second time and argued unto by mr. ireland , mr. fenner , mr. brickhed , mr. mersh , mr. flowerdewe , mr. popham , and others . mr. comptroller , sir john finch , sir henry gate , sir morrice berkley , sir arthur basset , and divers others were appointed to meet to morrow in the afternoon in the temple church at two of the clock in the afternoon upon the committee of the bill of sheriffs . on monday the th day of february , four bills of no great moment had each of them one reading ; of which the first being the bill for one subsidy and two fifteenths and tenths was read the second time and ordered to be ingrossed . vide concerning this bill on monday the th day of this instant february ensuing . the provisoes also to the bill for reformation of errors in fines , &c. were twice read and ordered to be ingrossed . upon the question and also upon the division of the house , it was ordered that edward smalley yeoman , servant unto arthur hall esquire , one of the burgesses for grantham , shall have priviledge . vide concerning this matter on saturday the th day of march following . on tuesday the th day of february , six bills of no great moment had each of them their first reading ; of which the first was for the perfecting of grants made by the dean and chapter of norwich , and the second was touching certain prisoners in execution escaped out of the kings bench. four bills also of no great moment had each of them their third reading and passed the house , and were sent to the lords by mr. treasurer and others ; of which one was for the freemen of the city of london , and another of woodstock . the masters of the request , m r recorder , m r attorney of the dutchy , m r sampoole , and mr. snagg were appointed to meet at the rolls chappel between two and three of the clock this day in the afternoon , touching the manner of delivery of mr. hall's servant . vide de ista materia on saturday the th day of march following . the bill for reformation of errors in fines and common recoveries was read the third time and passed the house , and a proviso to the same bill was thrice read . the committees in the bill for jeofailes were appointed to meet to morrow in the afternoon in serjeants-inn in chancery-lane , at two of the clock . two provisoes to the bill for the true payment of the debts of william isley esquire , were twice read , and with the bill ordered to be ingrossed . two bills finally of no great moment had each of them one reading ; of which the second being the bill for butlerage and prisage of wines was read the second time and committed unto mr. treasurer , mr. secretary smith , mr. chancellor of the dutchy , mr. chancellor of the exchequer , and others who were appointed to meet on friday next in the afternoon in chequer chamber at two of the clock . on wednesday the th day of february , three bills of no great moment had each of them one reading ; of which the last being the bill for the true payment of the debts of william isley esq was read the third time and passed upon the question . nota , report was made by mr. attorney of the dutchy upon the committee for the delivery of mr. hall's man , that the committees found no precedent for setting at large by the mace any person in arrest but only by writ , and that by divers precedents of records perused by the said committees it appeareth , that every knight , citizen and burgess of this house which doth require priviledge , hath used in that case to take a corporal oath before the lord chancellor , or lord keeper of the great seal for the time being , that the party for whom such writ is prayed came up with him and was his servant at the time of the arrest made , and that m r hall was thereupon moved by this house that he should repair to the lord keeper and make oath in form aforesaid , and then to proceed to the taking of a warrant for a writ of priviledge for his said servant according to the said report of the said former precedents . vide concerning this matter on saturday the th day of march ensuing . on thursday the th day of february , ten bills of no great moment had each of them one reading ; of which the last being the bill touching presentations by lapse was read the third time and passed the house , and sent up to the lords by mr. treasurer and others . the bill for cables and cordage was read the second time , and upon the question rejected . sir richard read and mr. doctor barkley brought from the lords four bills ; of which one was the bill for the repairing of chepstow-bridge , and another for the perpetual maintenance of rochester-bridge . the bill lastly against the diminishing or impairing of coin was read the third time and pasthe house . on friday the th day of february , six bills of no great moment had each of them one reading ; of which the last being the bill for reformation of sheriffs was read the first time and committed unto sir thomas scott , mr. attorney of the dutchy , mr. sampoole , and others , to meet this afternoon at the temple church at two of the clock . the bill that the queens majesty may entreat the subjects of foreign princes in such sort as they shall intreat the subjects of this realm , was read the second time and committed unto all the privy-council being of this house , the masters of the requests , mr. captain of the guard , sir henry knivett , and divers others to confer presently . three bills also of no great moment had each of them one reading ; of which the third being the bill for explanation of the statute against dilapidations , &c. was read the first time and committed to sir thomas cecill , mr. recorder of london , mr. popham , and others who were appointed to meet to morrow in the afternoon at two of the clock in the exchequer chamber . two bills more had each of them one reading ; of which the first being the bill for the jurors of middlesex , was read the first time and committed to mr. lieutenant of the tower , mr. wroth , mr. sandes , and others to confer to morrow in the morning in this house at seven of the clock . the bill for tryal of nisi prius in the county of middlesex was read the second time and committed to the former committees nominated in the bill for jurors . three bills lastly of no great moment had each of them one reading ; of which the first being the bill against fraudulent gifts and conveyances made by the late rebels in the north was read the first time . on saturday the th day of february , the bill for the county palatine of chester was read the first time and committed unto mr. serjeant lovelace , mr. recorder of london , mr. french , mr. norton , mr. snagg , and mr. townesend , to meet at serjeants-inn at mr. lovelace's chamber to morrow in the afternoon at three of the clock . five bills of no great moment had each of them one reading ; of which the fourth being the bill for confirmation of letters patents was read the second time , and committed after the reading and passing of the next bill . the bill for the repairing of the gaol of s t edmunds-bury , was read the third time and passed the house . the bill for confirmation of letters patents was committed unto all the privy-council being of this house , mr. captain of the guard , mr. attorney of the dutchy , mr. serjeant lovelace , and others who were appointed to meet at mr. treasurers chamber this afternoon at two of the clock . three bills also of no great moment had each of them one reading ; of which the third being the bill touching fraudulent conveyances made by the late rebels in the north parts , was read the second time and committed unto all the privy-council being of this house , mr. captain of the guard , sir henry knivett , sir henry gates , sir george bowes , and others to meet this afternoon at two of the clock at m r treasurers chamber . the bill for rogues , &c. was read the second time , and the provisoes or additions to the same bill had their first reading . the bill for explanation of the statute of h. . was this day amended according to the request of the lords in that behalf . on monday the th day of february , the bill for the subsidy , &c. was read the third time and passed the house , of which vide on friday the th day , thursday the th day , and on monday the th day of this instant february foregoing . after sundry reasons and arguments it was resolved that edward smalley servant unto arthur hall esquire , shall be brought hither to morrow by the serjeant and set at liberty by warrant of the mace , and not by writ ; vide on saturday the th day of march ensuing . mr. sollicitor and mr. dr. barkley did require from the lords that such six of this house as are best acquainted with the bill for mr. isley be sent to confer presently with their lordships touching the same , whereupon were appointed and presently sent mr. chancellor of the exchequer , mr. serjeant lovelace , mr. popham , mr. s t leger , mr. diggs , and mr. baber , by whom with mr. treasurer and divers others were sent up the bill for the subsidy with two others of no great moment , and also the bill for the explanation of the statute of h. . with some amendments . on tuesday the th day of february , the bill for the lady grey was read the second and third time and passed the house . four other bills of no great moment had each of them one reading ; of which one being for chepstow-bridge , and another for the perpetual maintenance of rochester-bridge , were each of them read the second time , but no mention is made that they were either ordered to be ingrossed or referred to committees , because they had been sent from the lords on thursday the th day of this instant february foregoing . the bill against broggers and drovers was read the first time and committed unto mr. comptroller , sir nicholas arnold , sir william winter , sir rowland hayward , and others who were appointed to meet to morrow in the afternoon at two of the clock in the star-chamber . the bill for the haberdashers was read the second time , and a proviso to the same bill was read the first time , and thereupon the bill was committed unto mr. comptroller , mr. treasurer , mr. hastings , mr. hoddy , mr. french , mr. alford , and mr. norton , to meet to morrow in the afternoon at three of the clock in the exchequer chamber . certain amendments in the bill of rogues , &c. reported by mr. treasurer upon the last committee of the bill , which amendments were read and thereupon the bill ordered to be ingrossed . two bills lastly had each of them their first reading ; of which the latter was the bill for trials by juries . edward smalley servant unto arthur hall esq being this day brought to the bar in the house by the serjeant of this house , and accompanied with two serjeants of london , was presently delivered from his imprisonment and execution according to the former judgment of this house , and the said serjeants of london discharged of their said prisoner : and immediately after that the said serjeants of london were sequestred out of this house , and the said edward smalley was committed to the charge of the serjeant of this house . and thereupon the said edward smalley was sequestred till this house should be resolved upon some former motions , whether the said edward smalley did procure himself to be arrested upon the said execution , in the abusing and contempt of this house , or not . vide mar. . saturday postea . all the privy-council being of this house , the lord russell , mr. captain of the guard , mr. wilson , mr. lieutenant of the tower , sir william winter , mr. serjeant lovelace , sir henry knivett , mr. crooke , mr. coleby , mr. popham , and mr. norton , were appointed to meet upon friday next in the afternoon at three of the clock in the exchequer chamber , but through the great negligence of fulk onslow esquire , at this time clerk of the house of commons , the business about which the foresaid members of the house were appointed to meet , doth not at all appear . on wednesday the th day of february , seven bills of no great moment had each of them one reading ; of which one being the bill for chepstow-bridge , another for rochester-bridge , and the third for the town of reading , were each of them read the third time and upon the question passed the house . upon a motion made by robert bainbrigge gent. one of the burgesses for the borough of ..... in the county of ..... against one williams , as well for sundry unsitting speeches pronounced by the said williams in misliking of the present state and government of the realm , and also for threatning and assaulting of the said robert bainbrigge , the serjeant of this house was thereupon by order of this house presently sent for the said williams to be brought unto this house , to answer such matters as shall be objected against him . two bills of no great moment had each of them one reading ; of which the second being the bill against excess in apparel was read the first time . the petition and motions made touching the reformation of discipline in the church , was committed only to all the privy-council of this house . vide concerning this matter on friday the th day of march ensuing . mr. sollicitor and mr. doctor berkley brought from the lords four bills ; of which the first was the bill for the assurance of the mannor of new hall to thomas earl of sussex , the second for the appointing of justices in the shires of wales , the third concerning offices found in the counties palatines , and the last for the assurance of certain lands unto sir john ryvers knight . all the privy-council being of this house , the lord russell , the masters of the requests , sir thomas scott , sir henry gates , sir henry wallope , and divers others were appointed to meet this afternoon in the exchequer chamber , between two and three of the clock , and agree touching the nature of the petition to be made to the queens majesty upon the motions for reformation of discipline in the church , and that the matter of the petition so agreed upon : then those of the privy-council only to move the same to the lords of the privy-council after report first made thereof to this house . vide concerning this matter on friday the th day of march following . walter williams being brought to the bar confessed that he did strike mr. bainbrigge , and that he offered to strike at him with his dagger : whereupon it was ordered that he remain in the serjeants ward till the order of this house be further known : to morrow vide. on thursday the first day of march , seven bills of no great moment had each of them one reading ; of which one being the bill for the true making of woollen-cloths , another for kentish and suffolk cloths , and another for toleration of certain clothiers in the counties of somerset , wilts , and gloucester , were each of them read the first time , and thereupon committed to the former committees ( who were nominated on thursday the th day of february foregoing ) and unto sir thomas scott , mr. serjeant lovelace , mr. savile , mr. peacock , mr. gargrave , mr. mickleborn , mr. langley , and mr. s t john , to meet this afternoon in the star-chamber at two of the clock , as also to conser touching the unlawful ingrossing of woolls . two bills also had each of them their first reading ; of which the second was the bill against common promoters . sir richard read and mr. doctor vaughan brought from the lords the bill for the payment of tythes within the parish of hallifax , and the other to take away the benefit of clergy from offenders in rape and burglary . martin cole one of the burgesses for sudbury in the county of suffolk , was this day licensed by mr. speaker for his great business to be absent for four days . the bill lastly for setting the poor on work and for avoiding of idleness , was read the third time and passed the house . on friday the second day of march , six bills of no great moment had each of them one reading ; of which the second being the bill for assurance of certain lands to sir john rivers k t , was read the second time , but no mention is made that it was either ordered to be ingrossed or referred to committees , because it had been formerly sent from the lords . the bill against wearing of unlawful weapons was twice read , and committed thereupon unto mr. comptroller , sir henry radcliffe , sir thomas scott , sir henry knivett , sir henry gates , and others to be considered of presently . two bills also had each of them one reading ; of which the second being the bill against the buying and selling of rooms and places in colledges , schools , &c. was read the first time . mr. treasurer , one of the committees for the petition touching reformation of the discipline of the church , reported that he and the residue of the committees have met and agreed upon a bill to be made for that purpose , which bill was then offered and received in the said house , and then read accordingly . vide concerning this matter on friday the th day of this instant march ensuing . the two bills , viz. for maintenance of colledges , and against buying and selling of rooms and places in schools were appointed to be considered of presently by mr. chancellor of the exchequer , mr. secretary smith , mr. wilson master of the requests , mr. heneage , mr. fortescue , and others . the bill touching grants made by the dean and chapter of norwich , was read the second time and committed unto mr. chancellor of the exchequer , mr. secretary smith , mr. captain of the guards , and others who were appointed to meet to morrow at three of the clock in the afternoon in the exchequer chamber . mr. doctor lewes and mr. dr. berkley did bring from the lords the bill for the subsidy of the clergy . the bill for setting the poor on work and for avoiding of idleness with two others of no great moment were sent up to the lords by mr. treasurer and others . two bills of no great moment had each of them one reading ; of which the second being the bill for toleration of certain clothiers within the counties of wiltshire , somerset and gloucestar , were each of them read the second time and ordered to be ingrossed . mr. doctor vaughan and mr. dr. berkley did bring from the lords the bill for confirmation of an hospital in leicester . two bills lastly , had each of them one reading ; of which the first being the bill for the true making of woollen-cloths , was read the second time and ordered to be ingrossed . on saturday the third day of march , four bills of no great moment had each of them one reading ; of which the second being the bill for the tythes of hallifax , was read the second time , but no mention is made whether it was ingrossed or referred to committees , because it had been sent from the lords on thursday the first day of this instant march foregoing . the bill touching the children of strangers parents born in this realm , was read the second time and committed unto mr. treasurer , mr. recorder of london , mr. norton , mr. cowper , mr. cromwell , mr. snagg , mr. alford and mr. dalton . mr. sollicitor and mr. serjeant barham , brought word from the lords that on monday next at eight of the clock in the morning the lords have appointed to have conference with the committees of this house touching the bills for confirmation of letters patents , and the bill touching the lands of the late rebels in the north parts : whereupon it was ordered that the former committee for the said bill of confirmation of letters patents , have added unto them mr. norton , mr. topcliffe , and sir george bowes . two bills lastly had each of them one reading ; of which the first being the bill for reformation of errors in fines and common recoveries within the county palatine of chester , was read the third time and passed the house . post meridiem . in the afternoon seven bills of no great moment had each of them one reading ; of which the last being the bill for the assize of wood within the city of london , was read the second time and committed unto mr. treasurer , mr lieutenant of the tower , sir rowland hayward , and others , to confer to morrow at three of the clock in the afternoon at mr. treasurers chamber . the bill for the hospital in the town of leicester was read the first , second and third time , and passed the house . quod nota . the bill finally for two justices to be had in wales , and the county palatine of chester , was read the second time , but no mention is made either that it was referred to committees , or ordered to be ingrossed , because it had been sent from the lords . on monday the th day of march , the bill for the paving of the city of chichester was twice read and ordered to be ingrossed . seven bills of no great moment had each of them one reading ; of which the third being the bill for mending the high-ways and bridges near oxford , was read the second time and ordered to be ingrossed . the bill for rochester-bridge , and the bill for trial of nisi prius in the county of middlesex , and the bill for reformation of errors in fines and common recoveries in the county palatine of chester , with four others of no great moment were sent up to the lords by mr. comptroller and others . three bills also of no great moment had each of them one reading ; of which the third being the bill for the artificers , foreign and denizens , was read the first time , and committed unto the masters of the requests , mr. lieutenant of the tower , mr. treasurer of the chamber , and others , to meet at guild-hall to morrow in the afternoon at three of the clock . the bill touching inholders , common cooks and wine-sellers , &c. was read the second time and ordered to be ingrossed . m r doctor yale and m r doctor berkley did bring from the lords the bill touching presentations by lapse with some amendments , which bill was before sent unto them from this house . the bill for toleration of certain clothiers in the counties of wilts , somerset and gloucester , was sent up unto the lords by mr. comptroller and others . two bills also of no great moment had each of them one reading ; of which the second being the bill against inholders , &c. was committed unto the former committees , and unto m r stanhope , m r edgcomb , m r dalton , m r alford , m r scone , and m r s t john , who were appointed to meet here this afternoon in the committee chamber of this house . two bills of no great moment had each of them their second reading ; of which the first being the bill touching goldsmiths , &c. was ordered to be ingrossed . post meridiem . in the afternoon the bill against the wearing and using of unlawful weapons was twice read . the new bill of jeofailes was twice read , and ordered to be ingrossed . the bill for trials by juries was read the second time , and committed unto m r lieutenant of the tower , sir henry knivet , sir george penrudock , m r sampoole , m r brown , and others , who were appointed to meet to morrow at seven of the clock in the morning in the committee chamber of this house . four bills lastly had each of them one reading ; of which the last being the bill against taking and killing of partridges and pesants was read the second time and ordered to be ingrossed . on tuesday the th day of march , four bills of no great moment had each of them one reading ; of which the last being the bill touching the tanning and currying of leather was read the third time and passed the house , and was sent up to the lords by m r treasurer and others . the bill against the inning of salt-marshes was twice read , and committed unto m r treasurer , m r comptroller , m r andrews , sir william winter , sir valentine brown , sir george penrudock and others , to be considered of presently . three bills also of no great moment had each of them their third reading and passed the house ; of which the second being the bill for reformation of jeofailes , and the third against the abuses of goldsmiths , were sent up to the lords with the bill for chepstow , by m r comptroller and others . the bill for trial by juries was ordered to be ingrossed . on wednesday the th day of march , two bills of no great moment had each of them one reading ; of which the first being the bill for the paving of the city of chichester was read the third time , and passed the house . the bill for the maintenance of the colledges in the universities , and of eaton and winchester , was twice read and ordered to be ingrossed . the bill for butlerage and prisage of wines was read the first time . the bill for collateral warranties was twice read and committed unto the master of the wardrobe , sir henry knivet , mr. serjeant jeffries , mr. colby , mr. french , mr. snagg , mr. lewkenor , and others , to confer this afternoon . peremptory day was given for the councel of the lady waynman and her adverse party , to be here at this house to morrow next at eight of the clock in the forenoon . all the privy-council being of this house , mr. captain of the guard , the masters of the requests , sir nicholas arnold , mr. sampoole , and mr. cromwell , were appointed to meet this afternoon at one of the clock in the chequer chamber ; but it doth not appear about what business these foresaid members of the house of commons were appointed to meet . all the privy-council being of this house , mr. captain of the guard , mr. serjeant lovelace and mr. serjeant jeffryes were added to the former committees for fines and recoveries . mr. pursell , mr. glascoe , mr. hanmer , mr. townesend , mr. davies , mr. bostock , mr. price , mr. aylmer , and mr. broughton , were appointed to have conference with the lords this afternoon touching the bills for reformation of errors in fines and common recoveries in the county palatine of chester , and in wales , and also touching some general bill for that purpose to be devised . mr. treasurer , sir nicholas arnold , mr. cromwell , mr. sandes , and mr. sampoole , were appointed to confer presently with the lords touching the bill of rogues . the bill for the having of two justices in the shires of wales , was read the third time and passed the house . mr. doctor yale and mr. doctor barkley brought from the lords a bill for the restitution in blood of the heirs of the lord stourton . the bill for reformation of letters patents was read the third time with some amendments . the bill to take away the benefit of clergy from such as commit rapes and burglaries , and touching the purgation of clerks convict was thrice read , and committed unto sir henry knivett , m r serjeant lovelace , m r serjeant jeffries , m r sampoole , m r windham , m r atkins , m r dannet , m r diggs , and others . m r doctor yale and m r powle did bring from the lords a bill touching certain authority given to the justices of the queens majesties forests , chaces , and parks , with commendation for expedition . m r serjeant barham and m r doctor vaughan did bring word from the lords , that their lordships do require that the committees of this house may confer with them to morrow in the morning before eight of the clock in the parliament chamber . the bill against the abuse of goldsmiths , the bill for confirmation of letters patents , the bill touching fraudulent conveyances by the late rebels in the north , and the bill for paving of the city of chichester , with one other of no great moment were sent up to the lords by m r comptroller and others . post meridiem . in the afternoon an abstract of a devise for setting the poor on work by the sowing and using of rape-seed , hemp-seed , and flax-seed , was read to this house . two bills of no great moment had each of them their third reading , and passed the house ; of which the first was the bill for repairing of high-ways and bridges near oxford . upon the question it was ordered that m r hall be sequestred the house while the matter touching the supposed contempt done to this house be argued and debated . edward smalley upon the question was adjudged guilty of contempt , and abusing of this house by fraudulent practice of procuring himself to be arrested upon the execution of his own assent and intention , to be discharged as well of his imprisonment as of the said execution . matthew kirtleton school-master to m r hall was likewise upon another question adjudged guilty by this house of like contempt and abusing of this house , in confederacy and practice with the said smalley in the intentions aforesaid . upon another question it was adjudged by the house , that the said smalley be for his misdemeanor and contempt committed to the prison of the tower. upon the like question it was also adjudged by this house , that the said kirtleton school-master , be also for his said lewd demeanor and contempt in abusing of this house committed to the prison of the tower. upon another question it was also resolved that the serjeant of this house be commanded to bring the said edward smalley and the said matthew kirtleton school-master to m r hall into the house to morrow next in the forenoon to hear and receive their said judgments accordingly . and further that the matter wherein the said arthur hall esq is supposed to be touched either in the privity of the said matter of arrest , or in the abusing of the committees of this house , shall be deferred to be further dealt in till to morrow . vide concerning this matter on saturday the th day of this instant march ensuing . on thursday the th day of march , five bills of no great moment had each of them one reading ; of which the last being the bill for maintenance of the colledges in the universities , and of eaton and winchester , was read the third time and passed with two provisoes added . m r serjeant lovelace , m r yelverton , m r boyer , m r layton , and m r robert bowes , were sent to the lords to confer presently touching the amendments in the bill of fraudulent conveyances made by the late rebels in the north. two bills also had each of them one reading ; of which the first being the bill against buying and selling of rooms and places in colledges and schools , and the second for maintenance of colledges in the universities , and of eaton and winchester , had each of them their third reading and passed the house , and were sent up to the lords with two others by secretary smith and others . the new bill for high-ways was read the first time and committed to certain of the house to be presently amended . the bill for certain authority to be given to the justices of the queens majesties forests , chaces , parks and warrens , was read the first time . vide de ista materia in fine hujus diei . m r doctor barkley and m r powle did bring from the lords a bill entitled an act for the lord viscount hayward of bindon , and henry hayward esquire , and francis his wife , with commendation for expedition . two bills had each of them one reading ; of which the first being the bill against abuses of licence for transportation of prohibited wares was read the first time . m r doctor vaughan and m r doctor yale brought from the lords the bill for setting the poor on work and for avoiding of idleness , with certain amendments and a proviso . m r treasurer , one of the committees in the lady wainman's cause , reported that both the parties have submitted themselves to the arbitrement of the lord treasurer , the lord chamberlain , the earl of leicester , m r treasurer , m r comptroller , m r chancellor of the dutchy , and m r captain of the guard , or the most part of them to be made within one year next after the session of this present session of parliament , for the performance and accomplishment of the same arbitrement . a proviso with some amendments was offered to the bill for reformation of inholders , common cooks and tavern keepers , and being twice read after the question was upon the division of the house , by the advantage of the number of forty persons , ordered to be ingrossed and added to the bill , and then afterwards upon another question and like division of the house , the bill with the proviso was dashed with the difference of twenty eight persons . post meridiem . in the afternoon the master of the rolls , and m r serjeant barham did bring from the lords a bill for the appointing of wharfs and keys for the unlading and discharging of merchandizes and withal a message from them that some of this house may be appointed to have conference with some such of their lordships as shall be thought meet touching such private bills in both houses , as upon their conference together shall be thought fittest to be examined : whereupon it was ordered that twelve of this house shall be appointed for that purpose , viz. m r treasurer , m r captain of the guard , m r wilson master of the requests , sir henry ratcliffe , sir rowland hayward , sir thomas scott , sir john thynne , sir henry wallope , sir george penrudock , m r popham , m r sampoole , and m r yelverton . the bill concerning authority given to the justices of the queens majesties forests , chaces and parks , was read the second time and committed this day afterwards . the two bills for denizens and the bill for presentations by lapse being amended , were sent up to the lords by m r treasurer and others . m r serjeant barham and m r doctor vaughan brought word from the lords , that their lordships do require that the committees of this house may confer with them to morrow in the morning before eight of the clock in the parliament chamber . m r comptroller m r chancellor of the exchequer , m r captain of the guard , sir henry gates , sir henry ratcliffe , sir thomas barrington , sir nicolas arnold , sir henry knivett , m r recorder of london , m r sampoole , m r stanhoppe , m r crooke , m r snagg , m r john vaughan , m r serjeant jeffries , m r serjeant lovelace , m r edward horsey , m r robert wroth , m r colby , m r topclyffe , m r bowyer , m r john s t john , m r dawney , m r robert colshill , m r digbie , and m r birkhed , were appointed in committee for the bill concerning certain authority given to the justices of the queens majesties forests , chaces , parks and warrens . nota , that this bill having been sent down from the lords to the house of commons on wednesday the th day of this instant march foregoing , should without all question never have been referd to committees upon the second reading this instant thursday , except the said house of commons had taken such just exceptions at the same , as they afterwards made known to a committee of the lords , and by reason of which finally the same was stopped from further passing . the further carriage and proceeding of which business , being wholly omitted in the original journal-book of the house of commons through the great negligence of fulk onslow esq at this time clerk of the same , i have thought good to supply it out of a written memorial or copy thereof i had by me ; because it may appear upon what just grounds and solid reasons the members of the said house did refuse to pass the said bill : and although it doth not certainly appear whether the said proceedings in the said bill between the committees of either house were this day or no , yet i have referred it thereunto as the most probable and likely time , in respect that there is no further mention made of this bill or business in either of the original journal-books of the upper house or house of commons , upon any ensuing day during this present session of parliament . these things being thus premised the foresaid memorial or written discourse of this business doth now ensue to be inserted . the committees before-named , having upon deliberate consideration of the parts , and of the scope of the said bill ( touching authority to be given to the justices of the queens majesties forests , &c. found the same not convenient to proceed , did nevertheless out of their respect unto the lords from whom the bill had been sent down , desire first to satisfie them before they utterly refused and dashed the said bill ; and did thereupon send unto their lordships ( who as it appeareth by the original journal-book of the upper house did this afternoon sit ) to offer them conference , which they accordingly accepted : and thereupon there did assemble in a place appointed as commissioners ( or rather as committees ) for the lords the earl of sussex , the earl of rutland , the earl of leicester , the lord grey of wilton , and the lord hunsdon , having for their assistance standing by , the two chief justices and the queens attorney general ; upon these the foresaid committees of the house of commons by order of the same house gave their attendance , and by sir walter mildmay k t , chancellor of the exchequer , the second of the said committees , in the name and by consent of the rest , said to the lords in effect as followeth , viz. that whereas a bill touching the enlargement of the justices of forest-authority had passed from their lordships , and was sent to the house of commons , the same had received there two readings , and upon the second reading was greatly impugned by many arguments made against it ; nevertheless the respect they had to their lordships moved them to stay any further proceeding therein to the hazard of the bill , until by some conference with their lordships the house in such things as were objected , might be satisfied . to that end he said , the house of commons had sent them to attend upon their lordships , and so entring into the matter said , that of many things spoken to the hindrance of the bill they would trouble their lordships but with some few , such as they had noted to have been of most value ; by which he said their lordships should find that the house of commons did take the bill to be unnecessary chargeable , dangerous , obscure . for the first , that whereas in the preamble of the bill it was pretended that one principal cause of this act was , that the justices of the forests having no authority to sit but within the several forests , which to execute in their own persons could not be done through the distances of the countries , and through the great charges that would follow in expences , if men of their calling should be driven to travel once every third year to keep their sittings in so many several places , by means whereof the justice seats were greatly delayed , and seldom holden , whereby the offenders either by general pardons comeing between , or by the death of the parties did escape unpunished : to that he said all these defects were sufficiently holpen by laws , heretofore provided . in the time of king henry the eighth , it was enacted , that both the justices of the forests on this side trent , and the justices of the forests beyond trent , might make in every forest a deputy , that should have in all things like authority to themselves ; and therefore seeing they had , and usually had made deputies men of less degree than they are , and most commonly inhabiting the countries where the forests do lie , there was no necessity that the justices in their own persons should ride , but those his substitutes might very well perform the service with a small charge : and so there appeared no cause for that respect to make this law , for it might be supplied otherwise sufficiently . for the second , he said that whereas by this new law , the justice should have power to open the swainmote books at his pleasure , and to convent before him the offenders at such time and place as he thought good , the same must needs prove a very chargeable matter to the subjects ; for men being compellable only to appear and answer in the county where the forest lyeth , and where for the most part they abide , and there to receive their trial : if now they shall be driven to appear and answer in any place , and at any time where and when the justices shall appoint them , it may easily be seen how far greater charge this will breed to the subject both in travel , expence , and loss of time , than heretofore hath been used ; chargeable besides it would be to such as should happen to be impannelled upon juries for trial of offences , if they should be driven to come out of the forests , to appear before the justice in any place which he shall assign , contrary to the antient laws heretofore ordained for such causes . for the third , he said that if the justice sending for the swainmote books , and opening them should proceed to the punishment of the offenders according to such presentments as he should find there , that might prove very dangerous to the subject , and especially to such as dwell within or near any forests ; for those presentments being made by the oath of the keepers , do as often proceed upon suspition and upon malice , as upon any good or sufficient ground ; and then if they be so peremptory to the offenders , as some men think they are , or if the tryal be not very indifferent which taken out of the country may be doubted , it is easily seen how perilous that will be to the subject : for either the party shall be forced to submit himself to the discretion of the justice , or else abide such tryal as he shall not be able to endure . besides , whereas the queen most graciously doth use to grant often-times general pardons by act of parliament , whereby the subjects of the land are discharged of far greater offences than these ; such as might happen to offend this way , or to be brought in question for the same , should never be partakers of that grace , which all other subjects do enjoy , but by yearly vexation be in danger of trouble and charge almost without hope to be released , although the offences be ( as often-times they are ) very small and slenderly proved : whereas now the justice cannot by the law keep his seat , but once in three years ; and if a pardon come in the mean time all those offences are discharged . touching the last and fourth point , he said in making of laws , one principal and special care is to be taken , that nothing pass in dark words , but that it may be clear and evidence to the understanding of the makers , thereby to know to what they bind themselves and their posterity ; the contrary whereof was to be doubted in this bill as it was penned , wherein authority should be given to the justices of the forests to proceed in the execution of punishment and other matters , not only according to the laws but also according to the customs , usages , and ordinances of the forests ; which latter words are very obscure , and therefore dangerous to pass in that form , for what the laws of the forests are , such as be established by authority of parliament , are evident and open to all men , and every subject is bound to take knowledge of them , but what the customs , usages and ordinances of the forest be , and how far these words may extend is very doubtful and uncertain , the same being only known to officers and ministers of forests , and are so far from the common knowledge of other men , as few or none that are learned in the laws of the realm , have any understanding in them : so as if any subject of the land should be impeached for an offence committed in the forests , he shall not be able to receive advice by councel in the law for his reasonable defence ; and therefore under those general words to bind the subject to those things that neither they do nor may easily get knowledge of : the house of commons do think it a matter very inconvenient , and do also think that the forest laws already established by parliament , are strict enough , and being put in due execution may suffice without any further addition to increase the burthen of them . to these objections the earl of sussex a wise man of good understanding in forest matters , being justice of the forests on this side trent , said for answer in effect as followeth : to the first confessing that by authority of parliament the justices of the forests might appoint their deputies , said , nevertheless that those also could not hold their sittings without great charge , and their doings shall not be so obeyed , nor esteemed as the acts and proceedings of the justices themselves ; and therefore thought this law necessary . to the second , third and fourth , he said that there was no meaning by the lords that past the bill to bring upon the subjects any of those inconveniences that were noted by the house of commons ; howsoever the bill might be penned contrary to their intentions , and yet he thought that the words were misconceived and drawn to a harder sense than there was cause . nevertheless he said the lords could be well contented that the house of commons should reform such things in the bill , touching those points , as they should find convenient , so as the same were done with good consideration , and upon sufficient cause , whereof they doubted not . this being the substance of the conference , it was the next day reported by one of the committees to the house of commons : whereupon the speaker moved the said house to appoint some to amend those things which the lords had yielded to have reformed , that so the bill might pass : but the whole house ( a very few excepted ) said they would hear no more of it , and so it stayed without any further proceeding , because it appeared the house of commons did not think their objections sufficiently answered by the lords . this foregoing proceeding of the two houses in the above-mentioned bill , touching authority to be given to the justices of her majesties forests , &c. being transcribed out of the copy thereof i had by me ; now follows the next days passages out of the original journal-book of the house of commons . on friday the th day of march , the bill for restitution in blood of the lord norris was twice read . the bill for re-edifying of the town of cringleford near unto the city of norwich , was read the third time and passed the house , and was sent up to the lords with the bill for the hospital in the town of leicester by m r treasurer and others . the bill touching suffolk cloths and essex cloths , was read the first time and committed unto m r secretary smith , m r lieutenant of the tower , sir nicholas arnold , and others to have conference touching the double searching of cloths generally , now presently in the committee-chamber . the bill for confirmation of the subsidy of the clergy was read the second time ; but no mention is made that it was either ordered to be ingrossed or referred to committees , because it had been formerly sent from the lords . m r chancellor of the exchequer touching the petition for reformation of discipline in the church , did bring word from the lords that their lordships having moved the queens majesty touching the said petition , her highness answered their lordships that her majesty before the parliament had a care to provide in that case of her own disposition ; and at the beginning of this session her highness had conference therein with some of the bishops , and gave them in charge to see due reformation thereof , wherein as her majesty thinketh , they will have good consideration according unto her pleasure and express commandment in that behalf : so did her highness most graciously and honourably declare further , that if the said bishops should neglect or omit their duties therein , then her majesty by her supream power and authority over the church of england , would speedily see such good redress therein as might satisfie the expectation of her loving subjects to their good contentation , which message and report was most thankfully and joyfully received by the whole house with one accord . and immediately thereupon john crook esquire , one of the knights for the county of buckingham , took occasion in most humble and dutiful wise to make a motion unto the house for another petition to be moved to the lords for perswading of her majesty for marriage . vide concerning church-discipline on wednesday the th day of february preceeding , and on friday the second day of this instant march foregoing , and touching the queens marriage on monday the th day of the same month of march ensuing . the new bill also for the lady wainman was read the first time . post meridiem . in the afternoon the bill for the lord viscount howard of bindon was twice read . six other bills of no great moment had each of them one reading ; of which one being the bill for restitution in blood of henry lord norris , another for confirmation of the subsidy granted by the clergy , and a third for preservation of pheasants and partridges , were each of them read the third time and passed the house . on saturday the th day of march , two bills had each of them their third reading , and passed the house ; of which the first was for repressing of murders and felonies in the counties of northumberland and cumberland . five bills were sent up to the lords from the house of commons ; of which one was the bill for setting the poor on work and for avoiding of idleness , and another for preservation of pheasants and partridges . the bill against excess in apparel was read the second time , and committed unto all the privy-council being of this house , m r captain of the guard , m r treasurer of the chamber , the masters of requests , and others who were appointed to meet at the exchequer-chamber at two of the clock in the afternoon . m r doctor barkley and m r powle did bring from the lords a bill for the hospital of s t cross , with special commendation for expediting thereof , and declaration of the assent of the parties given in that behalf before their lordships . two bills of no great moment had each of them one reading ; of which the first being the bill for the lady wainman , was read the third time and passed the house . m r serjeant barham and m r doctor vaughan brought from the lords two bills with amendments and provisoes , which before passed the house , viz. the bill for repairing and amending of the bridges and high-ways near oxford , and the bill for maintenance of colledges in the universities , and of eaton and winchester . the bill against arthur hall esquire , edward smalley and matthew kirtleton his servant , was read the first time . edward smalley servant unto arthur hall esq appearing in this house this day at the bar , it was pronounced unto him by m r speaker in the name and by the appointment and order of this house , for execution of the former judgment of this house awarded against him , that he the said edward smalley shall be forthwith committed prisoner from this house to the tower of london , and there remain for one whole month next ensuing from this present day ; and further after the same month expired , until such time as good and sufficient assurance shall be had and made for payment of l of good and lawful money of england , to be paid unto william hewet administrator of the goods , chattels , and debts of melchisedech malory gent. deceased upon the first day of the next term , according to the former order in that behalf by this house made and set down , and also forty shillings for the serjeants fees ; the notice of which assurance for the true payment of the said hundred pounds in form aforesaid , to be certified unto m r lieutenant of the tower by m r recorder of london before any delivery or setting at liberty of the said edward smalley to be in any wise had , or made at any time after the expiration of the said month , as is aforesaid ; and that he shall not be delivered out of prison before such notice certified , whether the same be before the said first day of the next term , or after . vide concerning this matter on thursday the th day , monday the th day , wednesday the th day , monday the th day , and on tuesday the th day of february preceeding ; as also on wednesday the th day of this instant march foregoing . post meridiem . in the afternoon the bill for butlerage and prisage of wines was read the second time , and upon the question and division of the house dashed . three bills were sent up to the lords from the house of commons ; of which one was the bill for taking away the benefit of clergy from persons convict of rape and burglary . m r doctor vaughan and mr. doctor barkley brought word from the lords , that their lordships do desire to have conference with some of this house presently . the bill for restitution in blood of the heirs of the lord stourton was twice read ; which said bill was doubtless at this time but once read , or at least it stood but for the first reading , and was entred through negligence , for it had its second reading on monday the th day of this instant march , and was thereupon committed , and had lastly its third reading upon tuesday the th day of the same month and so passed the house ; with which also agreeth a certain written memorial or copy of the carriage of this business between the two houses , in respect that it occasioned much dispute betwixt them , as see more at large on wednesday the th day of the foresaid march ensuing . two bills lastly of no great moment had each of them one reading ; of which the second being the bill for the hospital of s t crosse was read three times and passed the house . on monday the th day of march , two bills of no great moment had each of them their third reading ; of which the first being the bill for the lord viscount bindon , upon the question passed the house . mr. captain of the guard declaring her majesties ..... but what should here follow is wholly omitted through the great negligence of fulk onslow esquire , at this time clerk of the house of commons , in the original journal-book thereof , although there were one whole blank page left under the foresaid words to have inserted such matter as ought here to have followed ; of which the want will be the less , in respect that i had very happily by me a written draught or memorial of the very business here omitted , as i have had in many other places in the transcribing of the journals of her majesties reign for this business , was no other than a declaration of her majesties goodness and clemency in restoring this day unto the house , and to his own liberty , peter wentworth esquire , who had been committed to prison on thursday the th day of february in the beginning of this session of parliament , which said declaration or discourse doth now in its due place follow , the first man that spake being christopher hatton esquire , captain of the guard. mr. captain of the guard did first shortly declare and make report unto the house , that whereas a member of the same had the first day of this session , which was the th day of february last past , uttered in a prepared speech divers offensive matters touching her majesty , and had for the same been sent prisoner to the tower by the house , yet that her majesty was now graciously pleased to remit her just occasioned displeasure for the said offence , and to refer the enlargement of the party to the house , which was most thankfully accepted by the same upon the said report . and thereupon sir walter mildmay knight , chancellor of the exchequer , spake as followeth : that by this whole action and by her majesties dealing in this cause we had just occasion to consider , these three things . . her majesties good and clement nature . . her respect to us . . and our duty towards her . touching the first , that soveraign princes placed by god , are to be honoured with all humble and dutiful reverence , both in word and deed , especially if they be good and vertuous , such as our most gracious soveraign is , a princess that hath governed this realm so many years , so quietly , so justly , and providently ; which being true , as no man can deny , then see how great an offence this was to reprove so good and gracious a queen so unjustly , and that to be done not by any common person abroad , but by a member of this house ; and not in any private or secret place , but openly in this most honourable assembly of the parliament , being the highest court and councel of the realm . and thereby see also her most gracious and good nature , that so mercifully and so easily can remit so great an offence , a thing rarely found in princes of so great estate , that use commonly to think themselves touched in honour if they should pass over smaller injuries so lightly : the greater is her majesties commendation and the more are we bound to thank god for her . secondly , we may see what gracious respect her majesty had to us , that notwithstanding the just cause that was given her to punish severely so great'an offence ; yet the favour that she had conceived towards us , proceeding from the just tryal of our dutiful affections towards her , had so qualified her displeasure as she was contented for our sakes to pardon the whole , and that so freely as she would not at any time think of it again ( for those were her words ) a marvellous grace towards us and never hereafter on our parts to be forgotten , the rather for that the same proceeded meerly from her self , thereby preventing the suit which we in all humbleness might have made unto her . thirdly , that for so gracious a dealing it was our bounden duties to yield unto her majesty our most humble and hearty thanks , and to beseech almighty god to enlarge her days as the only stay of our felicity ; and not only so but to learn also by this example how to behave our selves hereafter ; and not under the pretence of liberty to forget our bounden duty to so gracious a queen : true it is , that nothing can be well concluded in a councel where there is not allowed in debating of causes brought in deliberation , liberty and freedom of speech ; otherwise if in consultation men be either interrupted or terrified so as they cannot , nor dare not speak their opinions freely , like as that councel cannot but be reputed for a servife councel ; even so all the proceedings therein shall be rather to satisfie the wills of a few , than to determine that which shall be just and reasonable . but herein we may not forget to put a difference between liberty of speech , and licentious speech ; for by the one men deliver their opinions freely , and with this caution , that all be spoken pertinently , modestly , reverently and discreetly ; the other contrariwise uttereth all impertinently , rashly , arrogantly and irreverently , without respect of person , time , or place : and though freedom of speech hath always been used in this great councel of parliament , and is a thing most necessary to be preserved amongst us ; yet the same was never nor ought to be extended so far , as though a man in this house may speak what and of whom he list . the contrary whereof both in our own days , and in the days of our predecessors , by the punishment of such inconsiderate and disorderly speakers , hath appeared . and so to return , let this serve us for an example to beware that we offend not in the like hereafter , lest that in forgetting our duties so far we may give just cause to our gracious soveraign to think that this her clemency hath given occasion of further boldness : and thereby so much grieve and provoke her , as contrary to her most gracious and mild consideration , she be constrained to change her natural clemency into necessary and just severity ; a thing that he trusted should never happen amongst wise and dutiful men , such as the members of this house are thought always to be . between which speech and the reftoring of the said m r wentworth unto the house ( although it be not mentioned in the before-cited written memorial of the said speech i had by me ) as appeareth plainly by the original journal-book of the house of commons , these ensuing passages intervened in the said house as followeth , viz. m r treasurer , m r john thynne , sir nicholas arnold , sir henry gate , m r marsh and m r cromwell , were sent to the lords for conference presently touching the reforming of some amendments of this house in the bill , which came from the lords for taking away the benefit of the clergy from persons convict of rape and burglary . m r doctor vaughan and m r doctor barkley did bring from the lords the bill for preservation of pheasants and partridges . all the privy-councel being of this house , the lord russell , m r captain of the guard , the masters of requests , m r treasurer of the chamber , the master of the wardrobe , the master of the jewel-house , sir henry knivett , sir thomas scott , sir john thynne , sir william winter , m r crooke , m r popham , m r yelverton , m r norton , m r sampoole , m r alford , and m r skinner , were appointed to meet this afternoon at two of the clock in the exchequer chamber , touching conference for the manner of petition to be made unto the queens majesty touching marriage . vide on friday the th day of this instant march foregoing , and on wednesday , march the th in the afternoon ensuing . these intervening passages being thus transcribed out of the original journal-book of the house of commons , now follows the manner of the restoring of the aforesaid peter wentworth esquire , being partly transcribed out of the abovesaid original journal-book , and partly out of the before-mentioned written memorial or copy thereof in manner and form ensuing . m r peter wentworth was brought by the serjeant at arms that attended the house , to the bar within the same , and after some declaration made unto him by m r speaker in the name of the whole house both of his own great fault and offence , and also of her majesties great and bountiful mercy shewed unto him , and after his humble submission upon his knees acknowledging his fault , and craving her majesties pardon and favour , he was received again into the house , and restored to his place to the great contentment of all that were present . this business of m r wentworth being thus at large set down , now follows a great part of the residue of this dayes passages out of the original journal-book of the house of commons it self . the bill for the lord stourton was read the third time , in setting down of which bill it seemeth the time of the reading is erroneously entred ; for this was doubtless the second reading , and that the third as appeareth plainly by the original journal-book it self , was not until tuesday the th day of this instant march ensuing , when the bill also passed , and it is the rather probable that this was but the second reading as is also set down in a written memorial of this business i had by me , in respect that it was upon this reading spoken unto , ' and referred to committees : but as it should seem before the said bill was agitated in the house , or referred to committees , this business intervened which is entred in the original journal-book of the house of commons in manner and form following . m r doctor lewes and m r doctor yale did bring from the lords the bill touching taking away the benefit of the clergy from persons convict of rape and burglary to be amended in the former addition of amendment thereof by this house ; whereupon the same being presently amended , was together with the bill of addition to the former statutes for amending and repairing of high-ways , the bill with the amendments and proviso for the repairing of the bridges and high-ways near unto the city of oxford , the bill for the hospital of s t cross near winchester , and the bill for the lord viscount howard of bindon , sent up to the lords by m r secretary smith and others , with the bill also for maintenance of the universities , and of the colledges of eaton and winchester to be reformed in the amendments of their lordships in the same bill . which business being over-passed , as it is inserted out of the original journal-book of the house of commons , now follows the dispute in the house upon the foresaid second reading of the lord stourton's bill , which is supplied out of a written memorial or copy of that business i had by me with very little alteration or addition . it was first alledged in the house of commons against the further proceeding of the bill for the restitution in blood of the lord stourton ( whose father was attainted of murther , and thereby his blood corrupted ) by some in the said house , that the said party who now sued to be restored in blood , had before given cause for men to think that he would not hereafter be worthy of so much favour , and by some other , that there wanted in the bill sufficient provision for such as had been purchasers from his father , grandfather , and other his ancestors . to the first objection it was said in the house , that seeing her majesty had so graciously yielded to his petition , there was no doubt but she was well satisfied in all such things as might touch him , and therefore no cause that this house should mislike her gracious favours to be extended to any of her subjects in such cases ; but rather to hope that he being a young nobleman would prove a good servant to her majesty and the realm , as divers of his ancestors had done . the second objection was thought worthy of consideration , that if the saving , which was already in the bill , were not sufficient , there might be other provision added . this dispute concerning the foresaid bill being thus transcribed out of the foresaid written memorial or copy thereof i had by me , now follows the committees names who were appointed thereupon out of the original journal-book of the house of commons , being as followeth . m r chancellor of the exchequer , the master of the wardrobe , m r recorder of london , m r norton , m r sampoole , m r dalton , m r savile , m r marsh , m r yelverton , m r popham , m r stanhope , m r colbie , and m r broughton . the bill against abusing of licences to transport forbidden wares , was delivered to m r comptroller . post meridiem . in the afternoon five bills of no great moment had each of them one reading ; of which the second being the bill touching inquisitions and offices to be taken within the counties pallatine , and the third being the bill touching wharfs and keyes , were each of them read the second time ; but no mention is made that they were either ordered to be ingrossed or referred to committees , because they had been formerly sent from the lords . the former committees for the bill of apparel ( who were appointed on saturday the th day of this instant march foregoing ) were sent up to the lords for conference as well in that bill , as in the bill for preservation of pheasants and partridges . thus far out of the original journal-book of the house of commons ; that which follows touching the proceeding of the committees in the bill for restitution in blood of the heirs of the lord stourton is inserted out of that large memorial or written discourse of the whole carriage of that business i had by me , being prout sequitur . the committees reading deliberately the bill and the whole contents thereof , partly upon causes alledged in the house , and partly upon causes remembred among themselves , took the saving in the bill not to be sufficient , but added a proviso unto it , the special point whereof was to bar the lord stourton that he should not take advantage of any error that might happen to be in any fine , recovery , or other conveyance , passed by his father or his ancestors , but he should be in that respect as though his blood were not restored ; in which state he can bring no writ of error . the occasion of which proviso grew chiefly , for that the lords had within few days before dashed a bill that passed in the house of commons for the helping of such errors ; whereupon they thought it dangerous to give that scope to any man that should be restored in blood : and therefore they added such a proviso both to this bill and to another bill of the like tenor that did concern one anthony mayny of kent esquire . during the time of this conference of the committees the lord stourton being informed how his case was ordered in the house of commons , came to the place where the committees sate , and desired that himself and his councel might be heard , which they allowed him of their own discretion without the privity of the house : his councel laboured to shew to the committees , that the saving already in the bill was sufficient , so as they then needed no addition of any other proviso : but being answered to all that he said he could not much reply , but seemed to be satisfied . after which the committees having agreed upon a proviso repaired unto the house and made a report thereof ; but the lord stourton nothing contented therewithal , procured immediately a message from the lords to the house of commons in his favour ; which message being more fully set down in the original journal-book of the house of commons than in that written memorial or discourse of this said cause i had by me ( out of which the foregoing proceedings are transcribed ) i have thought it better to supply it out of the same in manner and form following , viz. m r serjeant barham and m r doctor vaughan did bring from the lords four bills , viz. for restitution in blood of anthony mayney esquire , the bill for reformation of abuses in goldsmiths , the bill to give costs and charges to the defendant that shall be wrongfully vexed by slanderous and untrue suits , and the bill for relief of vicars , with a message also from their lordships that the committees of this house appointed for conference with their lordships in the bill of apparel , may also have commission from this house to shew unto their lordships the reasons which did move this house to deal so hardly in the bill , which being signed by her majesty passed their lordships for the restitution in blood of the lord stourton being a nobleman , and seeking but the same course and form of restitution which other noblemen in like cases have done , and had heretofore ; which message being opened unto the house was not well liked of , but thought perillous and prejudicial to the liberties of this house : whereupon it was resolved by this house that no such reason should be rendred , nor any of this house to be appointed unto any such commission . vide plus concerning this business on wednesday the th day of this instant march ensuing . two bills lastly had each of them their first reading ; of which the first was the bill for restitution in blood of anthony mayney esq on tuesday the th day of march , the bill for restitution in blood of anthony mayney esq was twice read , and a proviso to the same bill was read three times . m r sollicitor and m r powle did bring from the lords a bill for the annexing of gateside to new-castle , and withal a message from their lordships to desire conference with such of this house , as this house shall appoint touching conference with their lordships for the bill of the lord stourton , which their lordships do hear hath had offers of provisoes or some other thing to the stay of the proceeding of the said bill : whereupon the said m r sollicitor and m r powle being called into this house received answer , that by the resolution of this house according to the antient liberties and priviledges of this house , conference is to be required by that court , which at the time of the conference demanded shall be possessed of the bill , and not of any other court : and further that this house being now possessed of the bill , and minding to add some amendment to the said bill , will ( if they see cause and think meet ) pray conference therein with their lordships themselves , and else not . vide concerning this matter on wednesday the th day of this instant march ensuing . two bills of no great moment had each of them one reading ; of which the first being being the bill against the excess of apparel , was read the second time and ordered to be ingrossed . m r attorney general and m r sollicitor did bring from the lords the bill of the queens majesties most gracious general and free pardon . m r treasurer , mr. chancellor of the exchequer , mr. secretary walsingham , mr. captain of the guards , sir nicholas arnold , sir henry gate , mr. snagg , mr. grimsditch , and divers others were appointed to confer in the bill touching wharfs and keyes in the chequer-chamber immediately after dinner this present day . mr. serjeant barham and mr. powle did bring word from the lords , that their lordships did desire to have the former committees in the bill for leather , to confer with their lordships presently touching the same bill , whereof they specially pray that mr. marsh may be one : whereupon the said committees were sent presently , and the bill of restitution in blood of anthony mayney esquire , was sent up to the lords by mr. treasurer and the said others . the bill against the abuses of goldsmiths was read the second time , but no mention is made that it was either ordered to be ingrossed or referred to committees ; because it had been formerly sent from the lords on the day immediately foregoing . mr. doctor barkley and mr. powle did bring from the lords the bill touching the confirmation of an arbitrement to be made between richard hudleston esquire , and dame isabell wainman on the one part , and francis wainman gentleman on the other part . mr. treasurer , mr. secretary smith , mr. chancellor of the exchequer , mr. treasurer of the chamber , the master of the jewel-house , sir rowland hayward , and others were appointed to meet this afternoon at three of the clock , and to hear the learned councel of the goldsmiths . mr. doctor vaughan and mr. doctor yale did bring from the lords the bill of jeofails with some amendments . the bill for restitution in blood of the lord stourton , was read the third time ; and two provisoes twice read and passed the house . vide concerning this business of the lord stourton in fine diei sequentis . the bill also against excess in apparel was read the third time and passed the house . post meridiem . in the afternoon the bill for the lord stourton , and the bill against excess in apparel , were sent up to the lords by mr. comptroller and others . vide concerning the business of the lord stourton on wednesday the th day of this instant march ensuing . four bills also of no great moment had each of them one reading ; of which the last being the bill for relief of vicars and curates , was read the second time and committed unto mr. sampoole , mr. cromwell , mr. savile , mr. boyer , mr. s t john mr. broughton , and others , who were appointed to meet at this house to morrow in the morning at six of the clock . the bill touching unjust and slanderous suits , was read the second time ; but no mention is made that it was either ordered to be ingrossed or referred to committees , because it had been sent from the lords on monday the th day of this instant march foregoing . the bill touching unjust and slanderous suits , and the bill for the annexing of the town of gateside to new-castle , were read the first time . m r justice mounson and mr. serjeant barham did bring word from the lords , that whereas their lordships have made divers requests for conference with some of this house touching the bill for the lord stourton , and the bill for mr. mayney their restitutions in blood , and as yet have received no answer thereof of this house at all ; their further desire now is , that a further committee be appointed for this house to meet with their lordships in the parliament chamber to morrow next before eight of the clock for that purpose : whereupon were chosen , after sundry motions and speeches , all the privy-council being of this house , mr. captain of the guard , and the former committees ( whose names see on monday the th day of this instant march foregoing ) and mr. diggs ; whereunto were added also mr. treasurer of the chamber , mr. lieutenant of the tower , sir henry gate , sir henry ratcliffe , sir james harrington , sir edward bainton , mr. atkins , mr. birkenhed , mr. cromwell , and mr. alford . vide concerning this business on wednesday the th day of this instant march ensuing . on wednesday the th day of march the queens majesties general and free pardon was once read . sir john thynne , sir henry knivett , and mr. topelysse , were added to the bills yesterday last appointed . which said former committees with these now newly added were doubtless appointed to have conference with a committee of the lords this morning , touching their proviso added unto the bill for the restitution in blood of the heirs of the lord stourton , which had been sent down to the house of commons from the lords on wednesday the th day of this instant march foregoing : but the issue of this conference , through the great negligence of fulk onslow esquire , at this time clerk of the house of commons , is wholly omitted in the original journal-book of the same house ; and therefore ( in respect it is of very good use and moment for the declaration and justification of the liberties of the said house ) i have caused it to be inserted at large , out of that often before-mentioned written memorial or discourse i had by me of the whole proceedings of this business , in manner and form following . the before-mentioned committees ( or the greater part of them between eight and nine of the clock this morning , as is very probable ) repaired unto the parliament chamber , or upper house door , and there gave attendance , sending in word by the usher of that house of their being there : the lords after a great pause came forth at last into the outward chamber , the number of them were many , and the persons of the principal noblemen of that house , after they had taken their places at a long table , and used some conference amongst themselves , they called for those of the house of commons , to whom the lord treasurer in the name of all the rest present and absent , said in effect as followeth : that the lords of the upper house could not but greatly mislike the dealing of the house of commons in the lord stourton's bill , especially for that they had passed the bill with a proviso annexed , notwithstanding their sundry messages sent unto them in his favour : and lastly , one message to have conference with them for resolution of such doubts as were moved , wherein they took themselves greatly touched in honor , and thought that the house of commons did not use that reverence towards them which they ought to do ; the cause he said besides , was such as they saw no reason why the house of commons should proceed in that order ; for the bill being signed by her majesty , he said , none might presume to alter or add any thing to it without the assent of her majesty , which they for their parts durst not do , and for proof hereof he shewed the committees sundry provisoes in king henry the eighths time annexed to the like bills signed by the king ; inferring thereby that none might pass otherwise . moreover he said that by the opinion of the judges which were in the upper house , the saving already in the bill was so sufficient that there needed not any addition of such proviso as the house of commons had annexed ; and therefore required to know what reasons did lead them to proceed in this order . this and some large speeches being uttered to this end , the committees answered that their commission was only to hear what their , lordships would say , they would return and make report to the house , and so attend again upon them with answer . when this was reported to the house of commons , it moved them all greatly , and gave them occasion of many arguments and speeches , all generally misliking this kind of dealing with them , thinking their liberties much touched in three points : one , that they might not add or alter any bill signed by the queen ; another that any conference should be looked for , the bill remaining with them , except themselves saw cause to require it ; and the third to yield a reason why they passed the bill in that sort . after all these things were sufficiently debated , an answer was agreed on to be returned to the lords by the same committees , and they gave their attendance upon the same lords in the former place , to whom was said in effect by sir anthony mildmay knight chancellor of the exchequer , one of the committees in the name and by the consent of the rest . that they had delivered to the house of commons the sense of that which their lordships had said unto them , which as they had conceived , did stand upon two parts : one the manner of their proceedings in this case of the lord stourtons ; and the other matter wherein they had proceeded . to both which they had a commission from the house to make unto their lordships this answer . first that they were very sorry that their lordships had conceived such an opinion of the house , as though they had forgotten their duty to them , praying their lordships to think that the house of commons did not want consideration of the superiority of their estates , in respect of their honourable calling , which they did acknowledge with all humbleness , protesting that they would yield unto their lordships all dutiful reverence so far as the same were not prejudicial to the liberties of their house , which behoveth them to leave to their posterities in the same freedom they have received them ; and touching this particular case the manner of their proceedings hath not been as they think , any ways undutiful or unseemly , for the bill being sent from their lordships to the house of commons received there within little space two readings ; and because upon the second reading , some objections were made to lett the course of the bill , the house thought fit to commit it , which doth shew that they had no disposition to over-throw the bill , but to further it , both in respect of her majesties signatures , and that it came passed from their lordships ; and whether the lord stourton had cause or no to think himself favourably used in being heard of the committees with his learned councel , they referred to their lordships judgments . that after the committees report of their doings , the house gave the bill a third reading , and so passed the same in such sort as now their lordships had ; notwithstanding their sundry messages to the contrary . and lastly , notwithstanding their message of conference they said they could not otherwise have done , without breach of their liberties ; for they take the order of the parliament to be , that when a bill is passed in either house , that house wherein the bill remaineth , may require conference with the house that passed the bill , if they think good , but not otherwise . and so this bill passing from the lords to the house of commons , might if they had thought it convenient , have required a conference , but not their lordships of a bill passed from themselves : and thus much for the manner of their proceedings . touching the matter wherein they have proceeded , in that that they annexed a proviso to this bill , the same being her signature , signed with her majesties hand , they thought they might lawfully do it without offence to her majesty , taking her signature to be only a recommendation of the cause to both the houses , without which they could not treat of any bill of that nature ; the house not being thereby concluded , but that they might alter or add any thing that should be thought meet either for her majesty or for her subjects , which proviso they have added upon good deliberation , not hastily or inconsiderately , but upon great and sufficient reasons moving them , praying their lordships so to conceive it : nevertherless to declare those reasons in particular to their lordships as they required in that part , the house desired their lordships to bear with them , for that were to yield an account of their doings , and of things passed in their house , which they could not in any wise agree unto , being so prejudicial to their liberties . this speech finished the committees were willed by the lords to retire to the lower end of the chamber ; and after some pause and consultation amongst the lords , they called again the committees , and to them was said by the lord treasurer , that the lords had considered the answer that the committees had brought them from the house of commons ; and touching the first part thereof he said , that albeit through such information as was given them , they might have cause to conceive amiss of the house in the manner of their proceedings , yet because themselves were the truest reporters of their own actions , and the best interpreters of their own meanings , the lords did accept of their answer , and rested well satisfied with the same . but touching the other part he once again pressed the committees to shew the reasons that moved the house to add that proviso , which the lords took to be superfluous , the bill as he said containing in it already a saving that was sufficient for all causes that might happen . to that was said by one of the committees that they humbly thanked their lordships that it pleased them so well to accept of their answer to the first part ; but for the second which concerned the matter it self , and the reasons that moved the house , he said the committees had no further authority to deal , in having only commission to deliver to their lordships the answer which they received from this house . whereupon the assembly brake , and the lords returning to the upper house ; and the commitees to the house of commons , where at their coming , one of them reported their whole proceeding with the lords , wherein the house was much satisfied , seeing that so great a storm was so well calmed , and the liberties of the house so well preserved , which otherwise in time to come might have been prejudiced in those three points before remembred , which are indeed if they be well considered , of great weight and importance . the proceeding and issue of this foresaid great committee of both houses , being thus transcribed out of that written memorial thereof i had by me , now follows the last passage in this business out of the original journal-book of the house of commons ; by which it may be easily gathered , that the committee of the lords did not rest satisfied with the former conference , but sent down yet another message to the commons house , although this session of parliament were now upon the conclusion , to have had some further satisfaction therein : which message is there entred as followeth . m r sollicitor and m r doctor barkley did come from the lords to demand if there be any bills ready to send to their lordships , for that now their leisure well serveth them ; and also they do desire to know , whether this house will make them a further answer to the matter of the last conference , or no. whereupon after sundry motions and arguments it was agreed , that the former committees , with the residue afterwards added unto them , both yesterday and also this day , as also m r s t john now lastly added , be sent up to the lords with answer to be pronounced by m r chancellor of the exchequer in the name of the whole house , that as touching the unkindness wherewith their lordships do charge this house , which this house hath not done , doth not and will not give their lordships any such occasion . nota , that this is the last passage in this so long and controverted business betwixt the two houses , which this morning had been throughly handled at a committee of the said houses : for the upper house having first passed this bill , and sent it down to the house of commons on wednesday the th day of this instant march foregoing , it had its several readings there on saturday the th day of the same month in the afternoon , and on monday the th day , and on tuesday the th day of the same ; having also added a proviso unto it , with which they sent it up again to the lords , who disliking the said proviso , required conference with some committees of the said house that very foresaid th day of march , when the bill had been sent up unto them : upon which meeting this morning they had full conference , as is before at large set down ; but the lords ( as it should seem ) utterly disliking the said proviso , and not being satisfied with the said conference , did never give the said proviso any reading in their house , and so the bill was dashed . now follows the residue of this days passages , with the conclusion of this session of parliament by prorogation , out of the original journal-book of the house of commons : some things only of form or otherwise necessary to be inserted being added . the bill against the abuses of goldsmiths , was read the third time and passed the house . post meridiem . the bill last passed touching abuses of goldsmiths , was this afternoon sent unto the lords by m r treasurer , and others . two provisoes and certain amendments to the bill touching wharfs and keyes , were thrice read ; and upon the question with the bill rejected . m r doctor barkley and m r powle did bring word from the lords , that their lordships do desire to know whether there be any more bills ready to be sent unto them ; unto whom answer was made , there is none . this afternoon also , her majesty came in person to the upper house , where robert bell esq speaker of the house of commons , did amongst other things in his speech move her majesty , in the name of the house to marry : by which it may be collected , that it was agreed in the house ( where this matter had been propounded on friday the th day of this instant march foregoing , and further debated of on monday the th day of the same month ) that it was i say agreed , that the speaker should thus move her majesty in the behalf of her marriage upon the conclusion of this session ; in this speech also the said speaker did according unto the usual custom present her majesty with the bill of the subsidy , in the name of the commons . after which her majesty having given her assent unto twenty three publick acts , and thirteen private , the lord keeper adjourned the parliament by her majesties commandment , until two of the clock in the afternoon of the day following . and on the said thursday the th day of march in the afternoon , her majesty came again unto the upper house accompanied with sir nicholas bacon knight lord keeper of the great seal , and divers lords spiritual and temporal ; but i cannot gather that there was any other cause or occasion of her majesties coming thither , than only for the further prorogation of this session , which otherwise must have been done by a commission under the great seal , and thereupon the parliament was prorogued accordingly unto the th day of november then next ensuing . after which followed divers other prorogations of this parliament unto the re-assembling of it again upon monday the th day of january , in an. reginae eliz. upon which said day , the third and last session of this instant parliament began . the journal of the house of lords . an exact and perfect journal of the passages of the house of lords in the session of parliament holden at westminster , anno reginae eliz. anno domini . which began there ( after many prorogations and adjournments of the same ) on monday the th day of january , and there continued until it was first prorogued on saturday the th day of march , and lastly dissolved on friday the th day of april , anno reginae ejusdem , anno domini . this session in anno reginae eliz. anno domini . maketh but one and the same parliament with that in anno reginae eliz. anno domini . which was the first session of it , and with that in anno reginae eliz. anno domini . which was the second session of the same : so that this present assembly of the peers and commons of the realm in this their great councel was but the third and last session of it , being one and the same parliament as aforesaid , being continued without any dissolution , near upon the space of twelve years by fourscore several prorogations , or thereabouts , viz. from thursday the th day of may in the fourteenth year of the queen , on which said thursday it first began , until the dissolution thereof upon the th day of april , anno reginae eliz. anno domini . the prorogations between that former session in an. reginae eliz. which was as hath been observed , the second and middle session of this parliament , and this in anno reginae ejusdem ( with those after it ) which was the third and last session thereof , were about threescore ; of which the two first happening within the said eighteenth year , are both of them placed at the end of the journal of the said year ; of which the first was on saturday the th day of march in anno reginae eliz. anno domini . by which the parliament was prorogued unto the th day of november , anno regin . eliz. anno domini . at which day it was the second time prorogued unto the th day of march in anno reginae ejusdem anno domini . upon which day it was further prorogued by commission unto the d day of june following . on the third day of june , to which day the parliament had been last prorogued , it was again further prorogued unto the th day of november next following ; at and from which time it was prorogued from day to day unto the th day of january , being monday , on which day this session following in anno reginae eliz. anno domini , began . but her majesty because it was no new parliament , was not present , nor did the lords wear their robes on this said monday , being the first day of their meeting ; nor was their any solemn speech made by the lord keeper , but either house assembling themselves together severally , in their due places , fell to their ordinary businesses as upon other days is usually accustomed ; yet the beginning of this session is as solemnly entred in the original journal-book as if it had been a new parliament , where it appeareth to be in manner and form following . die lunae die januarii , anno regni excellentissimae & metuendissimae dominae nostrae elizabethae , dei gratia , angliae , franciae , & hiberniae reginae , fidei defensatricis , &c. vicesimo tertio , in quem diem post varias ac diversas prorogationes praesens haec sessio parliamenti prorogata fuit , teneri & inchoari apud westmonasterium die & loco praedict . domini tam spirituales quam temporales , quorum nomina subsequuntur praesentes suerunt . episcopus london . episcopus sarisburien . episcopus wigorn. episcopus roffen . episcopus coventr . & litchfield . these bishops are thus placed in the original journal-book on the dexter-side of the lords , not by reason of preheminency , unless the archbishop of canterbury had been present , but by reason of their ecclesiastical dignity , these being all that are noted in the said journal-book to have been present this day ; now follow the names of the lord keeper and the temporal lords . thomas bromley miles dominus cancellarius . dominus burleigh thesaurarius angliae . marchio winton . comes lincoln . magnus admirallus angliae . comes arundell . comes northampton . comes wigorn. comes cumberland . comes bathon . comes norwicen . comes southampton . comes pembrook . comes hartford . comes leicester . vice-comes mountague . vice-comes bindon . barones . dominus burgavenny . dominus willoughby de erisby . dominus dacres . dominus stafford . dominus dudley . dominus lumley . dominus stourton . dominus mountjoy . dominus darcy de darcy . dominus windsor . dominus cromwell . dominus evers . dominus wharton . dominus willoughbie de parham . dominus howard . dominus north. dominus s t john de bletso . dominus de la ware. dominus cheyney . dominus norris . nota , there were no names of receivors or triors of petitions read , because this was but the third and last session of a former parliament , as hath been observed ; and those names are never read but in the beginning of a new parliament . one bill was read this morning , being for the reformation of sheriffs , under-sheriffs , and their ministers primâ vice . hodiè retornatum est breve , quo preregrinus bartye , dominus willoughby silius & haeres katherinae ducissae suff. siliae & haeredis willielmi willoughby nuper domini willoughby praesenti parliamento interesse summonitus est , qui admissus est ad suum praeheminentiae sedendi in parliamento locum salvo jure alieno : viz. the said lord willoughby was seated and took place next under the lord audley and above the lord barkley . the like writ returned for edward parker lord morley , who accordingly was admitted , salvo jure alieno , and placed next under the lord barkley , and above the lord dacres . the lords being thus set and in agitation of their own businesses , sir francis knolles knight treasurer of her majesties houshold , accompanied with sir james crosts knight comptroller of her highness houshold , sir francis walsingham knight one of her majesties principal secretaries , and m r doctor wilson esquire , another of her majesties principal secretaries , sir walter mildmay knight chancellor of her majesties exchequer , and divers others , being sent up to the said lords by the house of commons upon some urgent and weighty occasions , desired to be admitted into the said upper house there to make known to their lordships somewhat of importance , wherein they should require their advice and need their assistance ; upon which being admitted the said m r treasurer assisted with the personages and company aforesaid , did in comely order and discreet manner , make manifest and known unto the said lords , that sir robert bell knight late lord chief baron , and speaker of the said house , who had been elected to the said place in the first session of this parliament in the fourteenth year of her majesty , and had continued also the second session thereof , being in the eighteenth year of her said highness reign in the said place , was now dead , which had been openly and manifestly made known and testified unto them ; for remedy of which defection , they humbly prayed their lordships advice . after which the lord keeper first requiring the said personages a while to withdraw themselves , and then commending the order of the matter unto the said lords sitting in consultation for the same , it was upon considerate advice therein had by them all , thought fitting to signifie unto the said commons , by the personages aforesaid who had been sent from them , that they thought it expedient and good , that such of the lords of the said house as were of her highness privy-council , with the lord marquess of winchester , and the earl of arundel , accompanied with such a number of the commons house as by them should be agreed upon , should in the name of both the assemblies make intimation of their said estate , and the petition thereupon depending , unto her said highness ; to which advice the said commons upon knowledge had of the same wholly assented . then followed the adjournment of the said parliament by the lord keeper according to the usual form , which is thus entred in the original journal-book . dominus cancellarius adjournavit praesens parliamentum usque in diem mercurii proximum hora nona . on wednesday the th day of january , billa for reformation of abuses in sheriffs , under-sheriffs and their ministers , secunda vice lecta . two other bills also of no great moment were read primâ vice . the queen having been moved as it seemeth ( according to the resolution of the two houses jointly agreed upon between them , on monday last past the th day of this instant january ) about the death of sir robert bell late lord chief baron , their former speaker , and the choice of a new one in the house of commons by the marquess of winchester , and those other right honourable personages who were then and there named to move her highness in it ; did give order that this present wednesday both the lords and commons should assemble and meet together in the upper house , commonly called the lords parliament chamber , there to receive her majesties answer , where being assembled sir thomas bromley knight lord chancellor of england , shewed forth a commission from her highness under the great seal of england , which was directed to him only , wherein her majesty taking notice of the death of sir robert bell their former speaker , did authorize the lord keeper for her majesty and in her name , to will and command the knights , citizens and burgesses of the house of commons to resort unto their accustomed place , and there to elect and chuse amongst themselves , one able and sufficient person to be their speaker for the rest of this present parliament yet to come ; and after they should have made their election , that then three or four of them for and in all their names , should signifie the same unto her majesty : and thereupon her highness would further signifie her pleasure unto them , what day and time they should present him so elected before her , as it had been formerly in like cases accustomed to be done . nota , that this commission is set down at large in the journal of the house of commons , de isto anno reginae eliz. to which it more properly belongeth . this day lastly , was returned one unusual proxy from john bishop of exeter , which is thus entred in the original journal-book , the words only a little misplaced . die januarii , johannis permissione divina episcopi exoniensis introductae sunt literae procuratoriae , in quibus procuratorem suum constituit reverendum in christo patrem johannem episcopum wigorniensem . nota , that though there were no names of triors or receivors of petitions read at this time , because it was but the latter session of a former parliament , and those said receivors and triors are never assigned but at the beginning of a new one ; yet it is very usual for the lords of the upper house to send their proxies after a prorogation as well as at the beginning of a new parliament , and especially if there be any long space or distance between the sessions , as was likewise used in the former parliaments , viz. in that second session of parliament held in anno reginae eliz. and the foregoing session of parliament held in anno reginae ejusdem . the proxy before set down , i therefore call an unusual , because a spiritual lord constituted but one proctor ; whereas for the most part they seldom or never nominate fewer than two , and the temporal lords as seldom more than one ; and therefore those ordinary proxies are for the most part wholly omitted , and the extraordinary only transcribed out of the journal-book : and at this session of three earls and ten barons , who sent their proxies , only one , viz. henry earl of huntington constituted two proctors , which proxies with some other unusual ones are set down the th day of this instant january following ; on which said day being monday they are all set down in the original journal-book to have been introducted . the earl of leicester had this parliamentary session , six several proxies sent unto him ( set down in the original journal-book in the same order they here follow ) viz. from henry earl of darby , henry lord scroope , thomas lord buckhurst , george earl of shrewsbury , john lord darcy of aston , and from henry earl of huntington , who constituted him the said earl of leicester his proctor severally and jointly with francis earl of bedford , all which said proxies or letters procuratory , are entred in the original journal-book to have been returned , or introducted on wednesday the th day of this instant january . on thursday the th day of january , billa for avoiding of slanderous libelling , prima vice lecta ; and two other bills of no great moment were each of them read secunda vice : after which the continuance of the parliament is thus entred in the original journal-book . dominus cancellarius continuavit praesens parliamentum usque in diem prox . hora secunda post meridiem . on friday the th day of january , the house met not till about two of the clock in the afternoon , when her majesty was her self present , with sir thomas bromley lord chancellor , and divers of the lords both spiritual and temporal ; who being all set , the knights , citizens and burgesses had notice given them thereof , and thereupon repaired unto the upper house with john popham esquire , the queens sollicitor , whom they had elected and chosen their speaker on wednesday the th day of this instant january last past . the said speaker or prolocutor , with as many of the house of commons as conveniently could , being let in , was led up between two of the most eminent personages of the said house of commons unto the rail or bar at the lower end of the upper house , and being there placed after three reverences made , spake to the effect following : that whereas at the humble suit of the knights , citizens and burgesses of the commons house of parliament now assembled , it had been signified from her majesty by the mouth of the lord chancellor , and by force of her highness commission under the great seal of england ; that it was her pleasure and command , that the said knights , citizens and burgesses should chuse a learned man for their speaker , instead of sir robert bell late lord chief baron and their speaker , whom it had pleased god to take out of this world : that thereupon they had chosen and compelled himself to take upon him that weighty charge , for which finding himself altogether unable , and further at large pressing his own disability , he lastly , desired that her majesty out of her gracious favour , would be pleased to free him from that great imployment ; and that the said knights , citizens and burgesses might have authority to elect and chuse some other more able and sufficient member amongst them , to undertake and perform the same . then the queen called the lord chancellor unto her , declaring her opinion in that which he should answer to the said speaker or prolocutor ; who thereupon returning to his place , answered the said speaker , that her majesty had fully heard , and did well allow of his modest and humble disabling of himself , but yet being also acquainted with his faithfulness , care and many abilities , her majesty was resolved he should undertake this charge , and therefore did both allow and approve of the said election of the house of commons . whereupon the said speaker rendring his most humble thanks to her majesty , and acknowledging her gracious favour towards him , promised his most faithful and careful endeavour for the discharge of the said place , after which he proceeded to petition her majesty , in the name of the house of commons , ( according to the usual course ) for freedom of speech , freedom of access to her majesty , and freedom from arrests and suits for themselves , and their necessary attendants . and lastly , that if in any thing he should unwittingly mistake , the blame might not lie upon the house , but upon himself , and that her majesty would be pleased graciously to pardon him . to which the lord chancellor by command from her majesty , answered , that she did well accept of his humble thankfulness , and the promise of his best endeavour and diligence , and that for all his petitions her majesty was well pleased that himself , and the knights , citizens and burgesses of the house of commons , should have and enjoy all such freedoms and priviledges , as had been formerly in like case enjoyed and used in the times of her majesties most royal progenitors . and then he concluded with a special admonition , that the house of commons should not deal or intermeddle with any matters touching her majesties person , or estate , or church government . nota , that in the original journal-book of the upper-house , de anno isto reginae eliz. the queens presence , and the presence of the other lords is only noted , but no mention is made who was chosen speaker , or that he was presented this afternoon ; which happened by the very great negligence of m r anthony mason at this time clerk of the said house : wherefore this presentment of the speaker in manner and form , as is aforesaid , is supplied for the most part out of the original journal-book of the house of commons in this session of parliament , in the twenty third year of her majesty , being there entred fol. . a. besides the further adjournment of the parliament , or continuance of it , entred commonly in these words , viz. dominus cancellarius adjournavit praesens parliamentum , &c. or , continuavit praesens parliamentum , &c. being but matter of course , are in this ensuing journal omitted ; unless where somewhat in it doth happen extraordinary , in respect of the time , place , or person . on monday the th day of january , to which day the parliament had been last adjourned , a bill for the maintenance of the borders and frontiers against scotland , was read primâ vice ; and one other bill for avoiding of slanderous libelling , was read secundâ vice . this day also were introducted , or delivered unto the hands of the clerk of the parliament , divers extraordinary and unusual proxies , which are thus entred in the original journal-book , or in not much different words . die januarii introductae sunt literae procuratoriae richardi episcopi dunelmensis , in quibus procuratores suos constituit edwinum archiepiscopum eboracen . johannem episcopum sarisburiensem , & willielmum episcopum cestrensem . item introductae sunt literae procuratoriae willielmi episcopi cestrensis , in quibus procuratorem suum constituit willielmum episcopum coventr . & litchf . item introductae sunt literae procuratoriae gilberti episcopi bathon . & wellen. in quibus procuratores suos constituit johannem episcopum london , thomam episcopum lincoln . johannem episcopum wigorn. & johannem episcopum sarisburien . item introductae sunt literae procuratoriae henrici comitis huntingtoniae , in quibus procuratores suos constituit franciscum comitem bedford , & robertum comitem leicestr . nota , that whereas the spiritual lords do for the most part name but two proctors , and not fewer than two ; here the bishop of durham constituted three , the bishop of bath and wells four , and the bishop of chester but one : and in like manner whereas the temporal lords seldom constitute above one proctor , here the earl of huntington nominated two . finally it is to be noted , that none of these lords could be thus absent , or constitute their proctors , but by the queens majesties licence first obtained . on tuesday the th day of january , to which day the parliament had been last continued , the lord chancellor and divers lords met , but nothing was done saving the adjournment of the parliament by the lord chancellor . it seems that no businesses or bills being as yet sent up from the house of commons to the upper house , the lords had no great imployment ; and hence it is usual for them in the beginning of a new parliament , or of a new session after many prorogations , to meet and without any further agitation or business , only to continue or adjourn the parliament to a further day . on thursday the th day of january , to which day the parliament had been last adjourned , the bill against slanderous words and rumors , and other seditious practices against the queens majesty , was read primâ vice ; and two other bills also of no great moment had each of them one reading . on saturday the th day of january , to which day the parliament had been continued on thursday last , the foresaid bill against slanderous words , &c. was read secundâ vice , & commissa ad ingrossandum . two other bills had each of them one reading at the same time . on monday the th day of january , to which day the parliament had been on saturday foregoing last adjourned , the foresaid bill against slanderous words , &c. was read tertiâ vice & communi omnium procerum assensu conclusa ; and with another bill of no great moment concluded also this day , was sent down to the commons house by the queens attorney and doctor clerk. there was one other bill also for reformation of disorders and abuses in sheriffs , under-sheriffs , and their ministers , read secundâ vice . on tuesday the th day of january , two bills of no great moment had each of them their first reading : two other bills also were sent up to the lords from the house of commons , viz. billa for the speedy recovery of debts , quae primâ vice lecta ; and a bill for avoiding of certain incumbrances against purchasers , which was also read primâ vice . on wednesday the first day of february , billa for the reformation of disorders and abuses in sheriffs , under-sheriffs , and their ministers , was read tertiâ vice , and then upon the conclusion thereof , sent down to the house of commons . the bill also touching john taylor and m r terril being read primâ vice , was committed . quod nota , that a bill was committed upon the first reading , which is seldom used till the second . another bill also touching fines and recoveries , was read and committed . on saturday the th day of february , to which day the parliament had on wednesday last past been adjourned , billa for the maintenance and strengthening of the borders against scotland , and two other bills of no great moment had each of them one reading . on monday the th day of february , two bills were each of them once read ; whereof the latter was for coming to church , hearing of divine service , and receiving of the communion . on tuesday the th day of february , three bills had each of them one reading ; whereof the last was touching leases made by corporations . on wednesday the th day of february , a bill touching the hospital of ledbury in the county of hereford , was read secundâ vice & commissa ad ingrossandum . on thursday the th day of february , the former bill touching the hospital of ludbury , &c. was read the third time , and upon the conclusion thereof was sent down to the house of commons . on saturday the th day of february , to which day the parliament had been last adjourned , the lord chancellor and divers lords met in the forenoon , but nothing was done , saving the continuance of the parliament unto two of the clock in the afternoon the same day ; at which hour meeting also , nothing was done but only the parliament again adjourned to a further day . on monday the th day of february , to which day the parliament had been on saturday last adjourned . there were three bills each of them once read ; whereof the last being a bill for the fortifying of the frontiers towards scotland , was read the third time , and after the conclusion thereof sent down to the house of commons . on wednesday the th day of february , to which day the parliament had been last adjourned , the lord chancellor and divers lords met in the upper house , but no bills were read , only the lord chancellor continued the parliament to nine of the clock in the forenoon the day following . on thursday the th day of february , billa for increase of mariners and navigation of england , was read prima vice ; and another bill also of no great moment had its first reading . on saturday the th day of february , to which day the parliament had been last adjourned , four bills were sent up to the lords from the house of commons ; whereof the last was an act for explanation of a statute against forging of evidences and writings , which with the other three bills , had each of them their first reading . on monday the th day of february , to which day the parliament had been last adjourned , the bill touching the lord compton , &c. was read primâ vice . two bills also were brought up to the lords from the house of commons ( which are more particularly expressed in the journal of that house . ) on tuesday the th day of february , three bills also were sent up to the lords from the house of commons ; whereof the last was an act ratifying an award between some private persons , but there is no mention in the original journal-book of any bill read this morning , but only of the continuance of the parliament according to the usual form . on wednesday the th day of february , five bills had each of them one reading ; whereof the first was a bill against counterfeiting of the hands of any of her majesties privy-council , and for the avoiding of counterfeit instruments and writings under seal , or counterfeiting of the seal of any office or officer , which said bill was read prima vice . on thursday the th day of february , two bills had each of them one reading ; of which the latter being a bill against slanderous words and rumors , and other seditious practices against the queens majesty , with a new addition of certain amendments , was read secundâ vice . it should rather seem that only the addition and amendments which had been inserted de novo into this aforesaid bill , were now read the second time ; for the bill it self had passed the upper house upon the third reading on monday the th day of january foregoing , and was the same forenoon sent down to the commons house , and there passed ; and from them was sent up again to the lords on monday the th of this instant february last past , with a new addition and certain amendments : so that the bill it self which hath once passed the house is never read again , but only such new additions and amendments as are inserted in it must be passed again de novo , because they are of the same nature as if a new bill were brought in . on saturday the th day of february , to which day the parliament had been last adjourned ; was read a bill touching fines and recoveries secundâ vice ; and another bill of no great moment had also its second reading . memorand . that on this foresaid th day of february being saturday , which day was before given to certain parties then in difference for assignation of some errors supposed by them to be in a certain suit commenced against them : m r cooper came in for the said plaintiff , and openly before the lords in the parliament house , assigned the errors ; after the hearing whereof the lord chancellor with consent of the lords , ordered that the plaintiff should have a scire facias returnable either the first day of the next session , or the first day of the next parliament . on monday the th day of february , to which day the parliament had been last continued , the bill for explanation of the statute against forging of evidences and writings , was read primâ vice ; and another bill of no great moment was read secundâ vice : then were there two bills of no great moment sent up to the lords from the house of commons ; whereof the first had its first reading . three other bills finally after this , were each of them once read ; whereof the last being a bill touching my lord compton , &c. was after the second reading committed to be ingrossed . on tuesday the th day of february the bill for ratifying an award in the chancery concerning copyhold and customary tenants of the mannors of moore and newman , synderich , knyhton and pensokes , in the county of worcester , was read secundâ vice : after which also seven other bills had each of them one reading ; of which the fourth bill being as the rest of no great moment , was after the passing of it sent down to the house of commons . but the first bill of the said seven which was touching the inning of erith and plumsted-marsh , being upon the third reading concluded ; yet it was ordered by the lords that the same bill should be staid from the sending of it down to the house of commons , until the parties had brought in their several bonds . on wednesday the first day of march , the bill for the explanation of the statute against forging of evidences was read tertiâ vice : which coming to the question , and the numbers of the contents on the one side , and the numbers of the not-contents on the other side found to be equal and alike with their proxies , it was commanded to be laid up in the desk till the next parliament . on thursday the second day of march a bill for the increase of mariners and maintenance of navigation , was after the second reading , committed to be ingrossed . five bills also were sent up to the lords from the house of commons ; whereof the first was the subsidy bill , the other four of no great moment . the bill also for the confirmation of a subsidy granted by the clergy primâ & secundâ vice lecta , & commissa ad ingrossandum . there were two other bills each of them read once this morning ; whereof the first being a bill for the punishment of those who should counterfeit the hands of any of her majesties privy-council , or the seals of others , was after the third reading rejected . quod nota , because it is feldom seen that any bill after it hath passed the third reading should be rejected . then was the parliament continued by the lord chancellor unto two of the clock in the afternoon ; at which time the lords meeting , there were only two bills read primâ vice ; whereof the first was the subsidy bill , and then the lord chancellor adjourned the parliament unto the day following . on friday the third day of march , six bills of no great moment had each of them one reading ; whereof the last was a bill that gavelkind lands within the county of the city of exeter may be inheritable as lands at the common law , which was read the third time and concluded . nota , that this custom of gavelkind ( by which all the sons do inherit the lands of their ancestors equally ) is not only in kent , but hath been also in the city of exeter in the county of devon. and as is very probable either is , or hath been in other parts of the kingdom . the lord chancellor continued the parliament unto two of the clock in the afternoon ; about which time the lords meeting , the bill for the grant of a subsidy and two fifteenths and tenths by the temporalty , was read secundâ vice . on saturday the th day of march , were four bills of no great moment each of them once read ; whereof the first being a bill for the confirmation of a subsidy granted by the clergy , was after the third reading concluded . m r oughtred that was sent for by order of the lords , made his appearance , and to him day was given for bringing of his councel on tuesday next , and the same day was also appointed for my lady marquess of winchester . this forenoon finally , two bills of no great moment were sent up to the lords from the house of commons , and one bill for the assurance of an yearly rent to the bishop of coventry and litchfield in fee , was tertiâ vice lecta ; and then sent down from the lords to the said house of commons . on monday the th day of march , to which day the parliament had been last adjourned , were two bills of no great moment read ; whereof the first was touching fines and recoveries . on tuesday the th day of march , six bills were brought up to the lords from the house of commons ; whereof the last was for keeping of the queens majesties subjects in due obedience : there were two bills also each of them once read ; whereof the last touching fines and common recoveries , was after the third reading sent down to the house of commons . this day appeared before the lords , as was appointed , the lord marquess with his councel on the one side , and the councel of the lady marquess on the other side , and m r oughtred for himself ; the lord chancellor with consent of the lords , after hearing of all the parties , and upon conference , thought it best for the better expedition of the matter , that certain of the lords , if the parties consented thereunto , should have the hearing of all the controversies betwixt them , and of the several accompts of m r oughtred ; to which the parties being called again , every one for himself did personally assent , only further order was taken that the lady marquess should deliver her assent the next day by her councel . the lords that were named to hear the said controversies were these , which were chosen by the parties themselves , the lord chancellor , the lord treasurer , the lord chamberlain , and the earl of bedford ; and for the causes between the lord marquess and the lady marquess , were chosen by the said parties , the lord chancellor , lord treasurer , lord chamberlain , and the lord buckhurst . then the lord chancellor continued the parliament unto two of the clock in the afternoon , at which hour the lords meeting , three bills of no great moment had each of them one reading ; whereof the last being a bill touching the lord zouch , was read secundâ vice , and then committed to be ingrossed . on wednesday the th day of march , three bills of no great moment had each of them one reading ; whereof the last was billa for keeping the queens majesties subjects in their due obedience . two bills also were brought up to the lords from the house of commons ; whereof the last being a new bill for the fortifying of the borders towards scotland ( which they returned with a former bill passed by the lords before with great deliberation to the same purpose , and sent down to them so passed with the same title ) it gave the lords much distast , because they thought this course to be both derogatory to the superiority of the place , and contrary to the antient course of both houses ; and as they misliked the disorder , so was it their pleasure that this their misliking should be entred in the records of parliament , lest so evil an example might hereafter be abused , as a precedent . vide plus de ista materia die martii sequente . then the lord chancellor continued the parliament unto two of the clock in the afternoon , at which the lords meeting , four bills had each of them one reading ; whereof the first being the bill for the grant of a subsidy and two fifteenths and tenths by the temporalty , was read tertiâ vice & communi omnium procerum assensu conclusa . on thursday the th day of march , five bills had each of them one reading ; whereof the first being a bill for restitution in blood of philip earl of arundel , was read primâ vice . on friday the th day of march , were five bills read ; the first three being of no great moment had each of them one reading , the fourth being a bill for restitution in blood of two of the saintlegers , was read secundâ & tertiâ vice , and then was sent down to the house of commons with another bill for the earl of arundels restitution , which had likewise passed the lords this forenoon . the new bill lastly for the fortifying of the borders towards scotland was read primâ vice . nota , that though the lords did take great offence at the house of commons for sending up this new bill unto them , and rejecting a former bill by them passed and sent down to the said house of commons , which had been framed by them to the same purpose , without acquainting their lordships first upon what grounds or for what reasons they had rejected the former bill ( as may be seen at large on wednesday the th day of march foregoing ; ) and though their lordships did then likewise order that this act should be entred in the records or the upper house as a thing derogatory to the dignity thereof , yet it pleased their lordships not only on this friday this th day of march to give the said new bill its first reading , but on tuesday the th of march following caused it to be read the second time , and on the next day following being wednesday having added certain amendments unto it , did finally upon the third reading conclude and pass it . vide martii postea . one act lastly for the repair of dover haven , was sent up to the lords from the house of commons , which was read primâ vice . on monday the th day of march , to which day the parliament had been last adjourned , five bills were sent up to the lords from the house of commons ; of which the first being an act for the true making , melting and working of wax , with two others were read primâ vice . six other bills also were read this morning ; of which the fifth being a bill for restitution in blood of anthony mayney , was read secundâ & tertia vice , and so concluded ; but the rest had each of them but one reading and no more . on tuesday the th day of march , four bills had each of them one reading ; of which the last being a bill for the fortifying of the borders towards scotland was read secundâ vice . on wednesday the th day of march , three bills had each of them one reading apiece ; of which the last being the bill for the fortifying of the borders towards scotland was read tertiâ vice , and so concluded : six bills also were sent up to the lords from the house of commons ; of which the last being a bill touching iron-mills near unto the city of london , on the river of thames , was read primâ vice . on thursday the th day of march , two bills had each of them one reading ; whereof the last being a bill touching deceit in dying of cloths , was read tertia vice , and then sent down to the house of commons . on friday the th day of march , two bills were brought up to the lords from the house of commons ; whereof the first was for the fortifying of the borders towards scotland , with request that certain words might be left out for that they were superfluous . it seemeth the commons having formerly given the lords distast about this bill ( as may appear on wednesday the th day of march last past ) did now send unto them about some amendments , which their lordships had added to the said bill , which before they would alter or once read ( for the bill it self had already passed both houses ) they gave them notice thereof on this instant friday the th day of this instant march , desiring as may easily be collected ) that some supefluous words might be put out of the said amendments : whereupon it seemeth the upper house did yield to this respectful and seasonable request of the commons ( although it be not mentioned in the original journal-book ; ) for the bill being altered according to their desires , and sent down again to them this forenoon , they there presently passed the said amendments , and returned the bill concluded . two other bills were also sent up to the lords from the house of commons ; of which the first being a bill for the repressing of seditious practices against the queens majesty , was read primâ & secundâ vice . on saturday the th day of march , the bill for the increase of mariners and maintenance of the navigation returned from the house of commons conclusa with certain amendments , and a proviso added by them which was read primâ , secundâ & tertiâ vice , & communi omnium procerum assensu conclusa est . two other bills also of no great moment ; ( whereof the last touching iron-mills about the city of london , &c. was read tertiâ vice & communi omnium procerum assensu conclusa , with certain amendments , and two provisoes to be taken out , were sent down to the house of commons . then was entred the continuance of the parliament in these words , viz. dominus cancellarius continuavit praesens parliamentum usque in horam secundam post meridiem . at which hour the lords meeting , the two former bills last above-mentioned , which had been sent down to the house of commons , were returned from them up to the lords again concluded . not long after the lords were set , her majesty came to the upper house , and the knights , citizens and burgesses of the house of commons having notice of her majesty being there , with john popham their speaker repaired unto the said house , and as many as could conveniently being let in , the said speaker standing at the rail or bar at the lower end of the upper house , after his humble reverence made , and some expressions of his zealous affection towards her majesty , and humble acknowledgment of her many gracious favours towards him , he then proceeded according to the usual course to desire her majesties assent to such wholsome laws as in this session of parliament had passed either house ; and withal did in the name of the house of commons humbly offer unto her majesty the bill of one subsidy and two fifteens and tenths , as a small testimonial of their unfeigned lovalty , and thankful acknowledgment of the great happiness they enjoyed under her majesties most gracious government . to which speech the lord chancellor , having received instructions from her majesty , answered , that she did graciously accept the said speakers many dutiful expressions , and did well allow of those wholsome laws they had made , hoping that all such whose places it might concern , would be careful to put them in execution : and lastly concluded with her majesties thankful acceptance of the aforesaid subsidy , fifteenths and tenths , granted unto her by the house of commons . then were the titles of all the publick and private acts read in their due order , and her majesties assent thereunto , and then the bill of subsidies , to which the clerk of the parliament standing up , did read the queens answer in manner and form following : la roigne remercie ses loiaulx subjects , & accept leur henevolence & ainsi le veult . the clerk of the parliament having read the queens acceptance and thanks for the subsidy given as aforesaid , did then upon the reading of the pardon pronounce in these french words following , the thanks of the lords and commons for the same . les prelats seigneurs & communes en se present parlement assembles an nom de touts vous autres subjects remercient tres humblement vostre majestie , & prient a dieu que ils vous donne sante bonne , vie & longue . nota , that here to the subsidy bill , because it is the meer gift of the subject , the queens consent is not required for the passing of it , but as it is joined with her thankful acceptance ; nor to the bill of pardon , because it is originally her free gift , is other circumstance required than that the thankful acceptance thereof by the lords and commons be likewise expressed , it being but once read in either house , before it come thus at last to be expedited . then followed the prorogation of the parliament , which is entred in the original journal-book in manner and form following . dominus cancellarius ex mandato dominae reginae tune praesentis , prorogavit praesens parliamentum usque in vicesimum quartum diem aprilis proximum futurum . at which day this said parliament was again prorogued , and so was still continued by sixteen other prorogations , each after other , till it was at last dissolved upon the th day of april in the twenty fifth year of her majesties reign ; the substance of all which prorogations , with the manner of the dissolution , doth next follow . nota , the word or term adjourned is used for prorogued throughout . vicesimo quarto die aprilis , in quem diem prorogatum fuerat hoc praesens parliamentum , sir thomas bromley knight lord chancellor , the bishop of london , and the lord cromwell , commissioners , &c. did adjourn the parliament ad & in diem maii. vicesimo nono die maii , in quem diem prorogatum fuerat praesens parliamentum , the parliament was by the lord chancellor , the earl of darby , and the bishop of sarisbury , commissioners , &c. adjourned ad & in diem junii . duodecimo die junii , in quem diem prorogatum fuerat , &c. the parliament was by the lord chancellor , lord treasurer , and five other commissioners , adjourned ad & in diem jam instantis junii . vicesimo octavo die junii , anno eliz. reginae , in quem diem prorogatum fuerat hoc praesens parliamentum , the parliament was by the lord chancellor , the earl of arundell , and the lord dacres , commissioners , &c. adjourned ad & in diem julii prox . futurum . vicesimo sexto die julii , anno eliz. reginae , the parliament was by sir thomas bromley lord chancellor , and three other commissioners , adjourned ad & in diem augusti , anno eliz. reginae , prox . futurum . vicesimo primo die augusti , anno eliz. reginae , in quem diem prorogatum fuerat , &c. the parliament was by the lord wentworth , and the bishop of london , commissioners , &c. prorogued ad & in quintum diem octobris prox . futurum . quinto die octobris , anno eliz. reginae , the parliament was by the bishop of london , and the lord dacres , prorogued by vertue of the queens majesties commission , &c. ad & in diem novembris prox . futurum . vicesimo tertio die novembris , anno eliz. reginae , the parliament was adjourned by sir thomas bromley lord chancellor , and edward lord stafford , by vertue of the queens majesties commission , ad & in quintum diem decembris prox . futurum . quinto die decembris , anno eliz. reginae , the parliament was by the lord chancellor , and edward lord stafford , adjourned according to the queens majesties commission in that behalf , &c. ad & in diem januarii prox . futurum . decimo octavo die januarii , anno eliz. reginae , the parliament was adjourned by the lord chancellor , the lord treasurer , the bishop of london , and the lord howard of effingham , by vertue of the queens majesties commission , ad & in duodecimum diem februarii proximè futurum . duodecimo die februarii , anno eliz. reginae , the parliament was adjourned by the lord chancellor , the lord treasurer , the bishop of london , and the lord buckhurst , by vertue of a commission , ad & in diem martii prox . futurum . upon which said th day of march in the same twenty fourth year of her majesties reign , the lord chancellor , and other lords met , and prorogued the parliament unto a further day , which after five other prorogations was at last dissolved , all which follow in their several places , viz. duodecimo die martii , anno eliz. reginae , the parliament was by the lord chancellor , the bishop of london , and gregory lord dacres , by vertue of a commission , adjourned ad & in diem aprilis prox . futurum . vicesimo sexto die aprilis , anno eliz. reginae , the parliament was adjourned by the lord chancellor , one earl , one bishop , and two lords , by vertue of a commission , ad & in diem maii prox . futurum . vicesimo sexto die maii , anno eliz. reginae , the parliament was adjourned by the lord chancellor , and roger lord morley , by vertue of a commission , &c. ad & in decimum diem octobris prox . futur . decimo die octobris , anno eliz. reginae , the parliament was in usual form adjourned by the bishop of london , and gregory lord dacres , by vertue of a commission , &c. ad & in diem novembris prox . faturum . vicesimo nono die novembris , anno eliz. reginae , the parliament was in usual manner adjourned by the bishop of london , and gregory lord dacres , by vertue of a commission , &c. ad & in diem januarii prox . futurum . nota the word adjourned is used for prorogued . vicesimo quarto die januarii , anno eliz. reginae ; the parliament was in usual form adjourned by the lord chancellor , the lord treasurer , and the bishop of london , by vertue of a commission , &c. ad & in diem aprilis prox . futurum . memorand . quod hodierno die , decimo nono die aprilis , anno regni elizabethae reginae , in quem diem prorogatum fuit hoc praesens parliamentum , convenere proceres , tam spirituales quam temporales , quorum nomina subseribuntur , thomas bromley miles cancellarius angliae , willielmus dominus burleigh , dominus thesaurarius angliae , philippus comes arundell , franciscus comes bedford , johannes episcopus london , edwardus dominus stafford , fredericus dominus windefor , henricus dominus hunsdon , henricus dominus norris ; qui cum convenissent , thomas bromley miles dominus cancellarius angliae literas regias commissarias anthonio mason clerico parliamenti publice legendas in manus tradidit , virtute quarum dissolutum est hoc praesens parliamentum . earum autem tenor hic erat . elizabetha dei gratia angliae , franciae & hiberniae regina , fidei defensatrix , &c. praedilecto & fideli consiliario suo thomae bromley militi domino cancellario angliae , reverendissimóque in christo patri edwino ebor. archiepiscopo angliae primati & metropolitano ; ac praedilecto & consiliario suo willielmo domino burleigh domino thesaurario angliae , ac etiam charissimis consanguineis & consiliariis suis , edwardo comiti lincoln . magno admirallo suo angliae , thomae comiti sussex domino camerario suo ; necnon charissimis consanguineis suis philippo comiti arundell , henrico comiti northumbr . henrico comiti darby , willielmo comiti wigorn. ac etiam charissimis consanguineis & consiliariis suis , henrico comiti huntingdon , domino praesidenti concilii sui in partibus borealibus , ambrosio comiti warwici magistro ordinationum suarum , francisco comiti bedford ; charissimis consinguineisque suis , henrico comiti pembroke , edwardo comiti hertford ; ac charissimo consanguineo & consiliario suo roberto comiti leicestr . migistro equorum suorum , ac etiam charissimo consanguineo suo anthonio vicecomiti mountague ; necnon reverendis in christo patribus johanni episcopo london . johanni episcopo sarisburien . johanni episcopo roffen . ac etiam praedilectis & fidelibus suis willielmo domino cobham , domino gardiano quinque portuum suorum , peregrino domino willoughby , gregorio domino dacre , edwardo domino stafford , johanni domino lumley , frederico domino windesor , thomae domino wentworth , lodovico domino mordant , henrico domino cromwell , carolo domino howard de effingham , rogero domino north , praedilecto & fideli consiliario suo henrico domino de hunsdon , domino gardiano marchiarum orientalium versus scotiam ; ac praedilectis & fidelibus suis thomae domino buckhurst , henrico domino compton , henrico domino cheyney de tuddington , & henrico domino de norris de ricott , salutem . cum nuper pro quibusdam arduts & urgentibus negotiis , nos statum & defensionem regni nostri angliae ac ecclesiae anglicanae concernentibus , praesens hoc parliamentum nostrum apud civitatem nostram westmonasterii octavo die maii , anno regni nostri o inchoari & teneri ordinaverimus ; à quo die idem parliamentum nostrum tunc & ibidem tentum & continuatum fuerat usque tricesimum diem junii tunc prox . sequentem ; eodemque die idem parliamentum nostrum post diversas prorogationes , usque octavum diem februarii , anno regni nostri o prorogatum fuerat ; ac ibidem tunc tentum & continuatum fuerat usque diem martii tunc prox . sequentem ; eodemque die idem parliamentum nostrum post diversas prorogationes , usque ad & in diem januarii , anno regni nostri vicesimo tertio , prorogatum fuerat ; ac ibidem tunc tentum & continuatum fuerat usque diem martii tunc prox . sequentem ; eodemque die idem parliamentum nostrum usque ad & in diem aprilis tunc prox . sequentem , prorogatum fuerat ; eodemque die parliamentum nostrum ad & in diem maii tunc prox . sequentem , prorogatum fuerat ; eodemque die parliamentum nostrum usque ad & in diem junii tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem ejusdem mensis junii tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem julii tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem augusti tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in quintum diem octobris tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem novembris tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in quintum diem decembris tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem januarii tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem februarii tunc prox . sequentem prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem martii tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem aprilis tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem maii tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in decimum diem octobris tunc prox . sequentem prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem novembris tunc prox . sequentem , prorogatum fuerat ; eodemque die idem parliamentum nostrum usque ad & in diem januarii tunc prox . sequentem , prorogatum fuerat : nec non idem parliamentum nostrum à praedicto die januarii usque ad & in instantem diem aprilis prorogatum fuerat ibidem tenend . & prosequend . sciatis tamen certis urgentibus causis & considerationibus nos specialiter moventibus , de sidelitate igitur , prudentia & circumspectione vestris plurimum confidentes , de avisamento & assensu concilii nostri , assignavimus vos commissionarios nostros , dantes vobis triginta & quatuor , triginta & tribus , triginta & duobus , triginta & uni , triginta , & novem viginti , & octo viginti , & septem viginti , & sex viginti , & quinque viginti , & quatuor viginti , & tribus viginti , & duobus viginti , & uni viginti , viginti , novemdecim , octodecim , septemdecim , sexdecim , quindecim , quatuordecim , tredecim , duodecim , undecim , decem , novem , octo , septem , sex , quinque quatuor vel tribus vestrum , tenore praesentium , plenam potestatem & authoritatem hoc instante die veneris , ad praesens parliamentum nostrum nomine nostro plenarie dissolvendum ; et ideo vobis mandamus , quod circa praemissa diligenter intendatis , ac ea in forma praedicta effectualiter expleatis : damus autem universis & singulis archiepiscopis , marchionibus , comitibus , vicecomitibus , episcopis , baronibus , militibus , civibus & burgensibus , ac omnibus aliis quorum interest ad dictum parliamentum nostrum conventuris , tenore praesentium , firmiter in mandatis , quod vobis in praemissis faciend . agend . & exequend . pareant , obediant , & intendant , prout decet . in cujus rei testimonium has literas nostras fieri fecimus patentes . teste me ipsa apud westmonasterium decimo nono die aprilis , anno regni nostri vicesimo quinto . per ipsam reginam , &c. the journal of the house of commons . a journal of the house of commons in the session of parliament holden at westminster , anno reginae eliz. anno domini . which began there . ( after many prorogations of the same ) on monday the th day of january , and then and there continued until it was first prorogued on saturday the th day of march , and was lastly dissolved ( after sixteen other prorogations ) on friday the th day of april , anno to reginae ejusdem , anno domini . this session in anno reginae eliz. anno domini . maketh but one and the same parliament with that in anno reginae eliz. anno domini . which was the first session of it , and with that in anno eliz. reginae anno domini . which was the middle and second session of the same : so that this present assembly of the peers and commons of the realm in this their great councel , was but the third and last session of it , being one and the same parliament as aforesaid , continued still , each after other , without any dissolution , near upon the space of twelve years by fourscore several prorogations , or thereabouts , viz. from thursday the th day of may in the sourteenth year of the queen , on which said thursday it first began , until the dissolution thereof on the th day of april , anno reginae eliz. anno domini . in this said third and last session finally , besides many good passages touching the orders and priviledges of the house , there fell out an unusual dispute in the same concerning the appointment of a publick fast , which in the end occasioned her majesties displeasure and inhibition thereof . the parliament began upon this present monday the th day of this instant january , to which it had been last prorogued ; both the lords and commons did each of them assemble and meet in their several houses , as at any other ordinary time without pomp or solemnity , this being as hath been observed , no new parliament , but the last session of that parliament which had been first begun on thursday the th day of may in anno reginae eliz. anno domini . and continued by many several prorogations and adjournments unto this present monday , at which day divers of the knights of the shires , citizens of cities , burgesses of burroughs , and barons of the ports did appear and sit down in the house of commons ; but the number of them was not great , partly by reason of sundry former prorogations of the same session made so near unto the days thereof appointed ; and partly also for that many of the knights , citizens , burgesses and barons since the last former sessions were changed , some by death , and some by other occasions , and new returned in some of their places , and in some others none , which now could not sit in the house till they had first taken the oath for acknowledging the queens highnesses supremacy over all estates within her majesties realms and dominions ; which as then was not done , neither could then be done because there was then no lord steward at all named or appointed for that purpose , according to the form of the statute in that case made and provided . and being so set , sir francis knolles knight treasurer of her majesties most honourable houshold stood up , and putting the house in remembrance as well of the death of sir robert bell k t , late lord chief baron of her highness exchcquer , their speaker since the last session , by reason whereof the house was then without a speaker , and could not therefore proceed in any thing ; as also of some course to be taken for procuring her majesties commandment to chuse another speaker , he declared unto them that as it was well known by often experience and usage , that at the first summons or beginning of a parliament , the order is in that case to sit still till the house be sent for to the upper house there to receive her highness commandment to chuse a speaker ; so was it now uncertain what order should be used when a speaker dying after a former session prorogated , a new is to be chosen in another session ensuing holden by such prorogation , in which case he said there were not many precedents to his knowledge , albeit yet one within our memory which was in the eighth year of her majesties reign , when richard onslow esquire the queens majesties sollicitor was chosenspeaker in that session de an . reginae eliz. which made but one and the same parliament with the former session held in anno reginae ejusdem , in which thomas williams esq had been speaker , and died before the said second session held by prorogation in the said eighth year of the queen ; he offered a copy of that precedent , but because m r fulk onslow the clerk was present sitting as clerk , and had there his original book of notes , out of which the said copy was taken , he was commanded to read it out of his book which was to this purpose . but in respect it is omitted both in the foul copy which fulk onslow now clerk of the house of commons took concerning the passages of this session of parliament , fol. . a. and also in the fair written or perfected copy of the journal of this said session ( out of both which this present journal is collected and enlarged ) fol. . b. therefore ( it being a precedent useful ) i have supplied it out of the original journal-book of the upper house in the parliament de annis , & reginae eliz. anno domini . in manner and form following , viz. that on monday the th day of december in the eighth year of the reign of queen elizabeth , a new session of parliament being holden by prorogation at westminster , and the knights , citizens and burgesses according to their usual order and custom meeting thereupon in the house of commons , did there find that thomas williams esq their late speaker in the first session of this parliament holden in the fifth year of the said queen eliz. was dead , and that the said commons falling by that means into consultation what course was fittest to be taken in respect that until a new speaker was chosen , no business could be entred upon or expedited in the said house , did at length all resolve as the best course to send certain of the most eminent personages , being members of the said house , up unto the lords to desire likewise their advice and assistance in whatsoever their lordships in that case should think fittest to be done . and thereupon their lordships joining four members of their house with four more of the house of commons , did advise that with all humbleness and speed they should all jointly repair to her majesty , and make intimation of their said estate , and so further desire to know her pleasure therein : and her majesty did accordingly most graciously on the next day , being tuesday the first day of october , send her commission under the great seal of england , directed unto the lord keeper , by which the said knights , citizens and burgesses of the house of commons were authorized to elect and chuse a new speaker , which accordingly they did , and thereupon presented him being richard onslow esquire the queens sollicitor , on the very next day following , being wednesday the second day of october . but notwithstanding this precedent , some were of opinion ( although they did not utter it , because they supposed themselves not warranted to treat of any thing , much less of any dealing with the upper house without a speaker , or without her majesties commandment ) that this was the only precedent that could be shewed in such manner of proceeding , and was but an innovation , and not warranted upon good grounds , but rather subject to inconvenience and peril . so first they thought it was a breach of duty to the queen , that we should enter into that or any other consultation before her majesties pleasure known touching a speaker . item there was no warrant to resolve us any thing , so that there was no person to take the voices or moderate the consultation . item those who should go on such message , could have no good warrant to deliver it in the name of the house , when the house could treat of nothing . item it had some inconvenience of drawing a special prerogative to those of the house that were of her majesties councel from the rest of the house . item it had greater peril of precedent to draw the petitions of the house to her majesty , to be done by mediation of the upper house ; and they thought it to stand much in duty and humility to the queen , not to presume to make such petition , or to make difference in proceeding upon a parliament newly summoned , and a session of parliament held by prorogation as it is used upon new summons , so to sit still in all humility , expecting that the house should be sent for to the upper house , there to receive her majesties pleasure and commandment to chuse a speaker ; which her pleasure might either be delivered by the lord chancellor in her majesties presence , or in her absence by commission , as in cases of prorogations and such like doings is used . and for that it might be doubted how her majesty should have notice that the speakers place was void : it was to be answered , that the house it self judicially hath no notice but by relation of his death as her majesty hath . and her majesty hath the more certain notice , for that her self had made sir robert bell lord chief baron , and so his place of speaker void as some thought , although some others thought that the chief baron may be speaker , and she had since his death made a new chief baron , viz. nota , that this argument doth very solidly and fully prove , that the knights , citizens and burgesses of the house of commons ought not at this time to have joined with the upper house in petitioning the queen for liberty to chuse a new speaker , in respect that her majesty could not but take notice of it as well as themselves , and the rather at this present because she had first made sir robert bell knight their former speaker chief baron of the exchequer , by which many supposed his place of speaker was void in the said commons house , because he was to be called by writ as a necessary attendant of the upper house ; and lastly , because her majesty had now afterwards also upon his death , made another chief baron in his room : by all which it appeared most plainly as is before urged , that her majesty could not but know as well as themselves that the said place of speaker was void . but whether m r fulk onslow the now clerk of the house of commons did conceive these reasons in his own mind , and so by communicating them unto others of the said house , and finding them to concur in the same opinion , did thereupon enter them in the journal-book of this parliament , or whether others of the house did first conceive it themselves , and utter it to him in private in the said house ; yet certainly it having not been openly spoken in the house as appears by his own setting of it down , but privately muttered , it ought to have been entred as a private opinion , and not as any part of the journal , and to have been distinguished by being written in some other different hand , from that in which the rest of the journal was set down or the like . but yet notwithstanding all those foresaid reasons already set down , it was at last agreed by the greater number of the few voices that the said precedent should be followed which had before passed in the eighth year of her highness reign : and accordingly were appointed the said m r treasurer and sir james crofts knight comptroller of her majesties most honourable houshold , and thomas wilson esquire one of her highnesses principal secretaries with a convenient number of others of the house , to go to the upper house to make petition to the lords for their mediation to her majesty for licence to chuse a speaker , the place being void first by the making of the said sir robert bell to be lord chief baron of the exchequer , and lastly by his death : which message being by the said persons executed accordingly , and they brought answer again to the house from the lords , that their lordships had appointed all the lords of the privy-council , with the marquess of winchester , the earl of arundell , and the bishop of london , to make that suit to her majesty , and required to have four of this house being of her majesties privy-council to join therein with them , according to the said precedent : whereupon forasmuch as it appeared to this house that the lords in appointing their number , had varied from the said precedent , it was moved that likewise the number appointed by this house might also be altered , that in precedent it might remain a thing arbitratory to the house , and that so five of this house being of the privy-council , should be added to the lords , and the rather because it was then affirmed of some , that the cause why only four of the council being of this house were appointed in the said eighth year , was for that the lords number was then but four , and for that also there were at that time but four of the council in this house . the now lord treasurer then being the one only principal secretary to her majesty ; but at last the said precedent was precisely urged and followed , and the said m r treasurer , m r comptroller , and sir francis walsingham knight , one of her majesties two principal secretaries , and sir walter mildmay knight chancellor of her highness court of exchequer , were appointed by this house to join with the said lords in the said suit to her majesty , and order was then also given , that this house should also daily assemble to continue the session and attend the answer of her highnesses pleasure therein . on tuesday the th day of january , some number of this house assembled this day to attend for the causes aforesaid . on wednesday the th day of january , the right honourable the earl of lincoln lord steward of the queens majesties most honourable houshold came into this house , and before him divers knights , citizens and burgesses returned into this house , did openly receive and pronounce the oath according to the form of the statute in that case made and provided ; and he did also then and there signify and declare the right honourable m r treasurer , m r comptroller , m r secretary wilson and m r chancellor of the exchequer to be his deputies during this session of parliament , that before them or any of them , all such persons as should , during this session be returned to be of this house , might openly receive and pronounce the said oath accordingly , which deputation they did then execute . this matter of the lord stewards ministring the oath of supremacy unto such members of the house of commons , as were newly elected and returned to this new session of parliament , being thus transcribed out of the original journal-book of the house of commons ; now follows the whole manner of the proceeding of her majesty in giving authority by her commission under the great seal unto the house of commons , to elect a new speaker , and of their receiving the said authority , out of the original journal-book of the house of lords , in respect that the same is but shortly and imperfectly set down in the original journal-book of the said house of commons . this foresaid wednesday morning the knights , citizens and burgesses of the house of commons ( being mindful of the great business of the election of a new speaker , which they had treated of on monday foregoing being the th day of this instant january ) repaired to the upper house commonly called the parliament chamber , where being assembled with the lords , those noble personages and others who had been appointed to repair unto the queen on monday foregoing , signified her majesties pleasure unto all the lords and commons there present concerning the choice of a new speaker by the members of the house of commons . and thereupon the lord chancellor shewed forth a commission under the broad seal of england , which he commanded the clerk openly to read ; the the tenor whereof was as followeth . elizabeth , &c. to our right trusty and right well beloved counsellor sir thomas bromley knight , lord chancellor of england , greeting . whereas in the beginning of this our present parliament holden at westminster the eight day of may in the fourteenth year of our reign , the knights , citizens and burgesses being assembled in the same parliament were commanded by us to go to their accustomed place , and there to chuse to themselves one to be their speaker according to the accustomed manner : whereupon the same knights , citizens and burgesses did elect and chuse one robert bell esq afterwards knight , and chief baron of our exchequer now deceased to be their speaker , and the same their election did afterwards certifie unto us ; which election we did allow and ratifie : since which time this our present parliament hath been continued by divers prorogations until the th day of february in the eighteenth year of our reign , at which time the said parliament was holden and continued from the said th day of february until the th day of march then next following , from which time also the said parliament hath continued by divers and sundry prorogations until the th day of january in this present twenty third year of our reign . at which day the lords spiritual and temporal , and also the said knights , citizens and burgesses have declared unto us that the said robert bell since the last session of this present parliament is dead , and thereupon have made their humble suit and petition to us , that they might have licence and commandment from us to proceed to elect amongst themselves one other to be their speaker for the rest of this present parliament yet to come . wherefore we having certain and perfect knowledge that the said robert bell is dead as they have alledged , and considering their humble petition and request is very meet and necessary to be granted , have appointed and constituted you , and by the these presents we do will , command , constitute and appoint you for us and in our name to call the said knights , citizens and burgesses before you and other the lords spiritual and temporal assembled in this our present parliament in the higher house of our parliament at westminster , and there present , for us and in our name to will and command the said knights , citizens and burgesses to resort to their accustomed place , and there to elect and chuse amongst themselves one sufficient and able person to be their speaker for the rest of this present parliament yet to come ; and after they have once made their election , that then three or four of them for and in all their names shall signifie the same unto us ; and thereupon we will further signifie our pleasure unto them what day and time they shall present the person elected before us , as heretofore hath been in like cases accustomed to be done . wherefore our will and pleasure is , that you do diligently attend about doing of the premises , and execute the same with effect . in witness whereof we have caused these our letters patents to be sealed with our great seal . witness our self at westminster the th day of january in the twenty third year of our reign . thus far out of the original journal-book of the upper house ; now follows the continuance of this days passages , as also of the residue of the matters handled in the house of commons during this session of parliament , out of the original journal-book of the same house . at the return of such members of the house of commons into their own house as had been present in the upper house during the time the recited commission was in reading ( for many of the house of commons conceiving that their sending for to the upper house aforesaid , being only by their own serjeant whom they had sent up to the lords to see if the lord chancellor and the rest of their lordships were come thither or no , was no orderly giving them notice of their lordships desires in that behalf according to former usage , in respect that the said commons are to be sent for by ..... ) amongst the said members as aforesaid , who had been so present in the said upper house , sir francis knolles knight treasurer of her majesties household , did at his return declare , that for answer to the suit her majesties commission was read to license and command the commons to chuse a speaker , and that four of this house being of the privy-council should make report of the election to her majesty , that her highness might thereupon signifie her further pleasure for appointing the day for presenting of him . m r treasurer further declared unto the house before their proceeding to election , that he and others had just now seen in the upper house one that is a member of this house , to wit m r john popham , her majesties sollicitor general , being one of the citizens for bristol , and therefore made a motion that some of this house might be sent to their lordships with request that the said m r popham being a member of this house might forthwith be remanded and restored to this house again , which some thought not needful to be done before the election , and others again denying that he or any other could be chosen speaker except he were present himself . the clerk was commanded to read the said precedent again of chusing m r onslow in the said eighth year of her majesties reign ( which said precedent see on monday the th day of this instant foregoing ) and thereupon that course being agreed upon to be followed , the said m r treasurer and others were sent up to the lords to demand the restitution of the said m r popham , and brought answer again that their lordships had resolved he should be sent down , the rather because he was a member of this house , and this house possessed of him before he was sollicitor , or had any place of attendance in the upper house . upon relation whereof a motion was presently made , that it was not meet or convenient to chuse a speaker by persons that were not of the house , and withal it was thought of some that divers persons being newly returned in the places of others yet living , were not , or ought not to be accounted members of this house . whereupon to avoid length of argument and the impediment of the election , the said m r treasurer by the assent of the house pronounced an admonition , that all such as were newly returned in the places of others yet living should forbear to repair to the house till their case were further considered . then immediately m r anderson the queens serjeant at law , and sir gilbert gerard knight her highness attorney general , brought from the lords the said m r popham her majesties sollicitor general , one of the citizens for the city of bristol , and restored him to this house as a member of the same , and so departed . and then was a motion made by m r lewkenor for prayer to be used before the election , that it might please god both in that and in the residue of the proceedings of this house , to direct them with his holy spirit ; and a form of prayer was then read to the house by the clerk. and then afterwards the house proceeding to the election of a speaker , the said m r treasurer first speaking did for his own part name and commend the said m r popham , alledging many good reasons and causes moving him thereunto , but still leaving nevertheless liberty without prejudice to the residue of the house to name whom they would or thought good . and thereupon the whole house with full consent of voices agreed upon the chusing of the said m r popham ; who standing up and much disabling himself in dutiful and reverend wise , and alledging for himself many reasonable causes and excuses , besought them humbly to proceed to a new election , whereof the house did not allow ; and so then was he forthwith by the said m r treasurer and m r comptroller brought up and placed in the chair , and order thereupon given that the house should the next day assemble together , both to understand her majesties pleasure for presenting of the speaker , and also to determine of the case of the said persons newly returned into this house in the places of others yet living . on thursday the th day of january the house again assembled , the speaker elect sitting in the chair . the matter began to be debated touching the said burgesses , of whom question was made the day before ; and the case was opened by m r norton a citizen of london to the effect following , viz. that there be members of this house absent in her majesties service , as in embassage , or in her affairs in ireland , in whose place new be returned . item , some persons be sick of durable diseases , as agues , &c. and new be returned in their places . item , one m r flowerden was the last session burgess for castle-rising in norfolk , and in the vacation was sick : upon suggestion of which sickness a writ went to chuse a new . whereupon sir william drewry is chosen and returned for castle-rising , who now appeareth , and m r flowerden also . in the same vacation one beamond a citizen for norwich is sick of the gout , upon suggestion whereof a writ went out to chuse a new for norwich ; m r flowerden is chosen , returned and newly sworn for norwich . vide march th saturday postea . the questions are whether such as be returned in places of persons sick , or of persons absent in the queens service , be burgesses , and the old discharged . m r norton thought the old burgesses remained , and that the said causes of sickness and service are good excuses for their absence , but no causes to remove them and to chuse new . and for this he alledged divers precedents , as of doctor dale embassador in france , and of sir henry sidney deputy of wales , who having been formerly both of them members of the house of commons , and absent by reason of both their said imployments , yet when their case was once made known unto the house and there questioned , they were still retained as members of the said house , and no new chosen , or admitted . but however although such absent members by reason of sickness or foreign imployment might be removed , yet that ought not to be done upon a suggestion in the chancery , but by the judgment of the house of commons upon information thereof . m r serjeant flowerden , m r robert snagg , m r seintpoole , and m r serjeant fleetwood comptroller argued to the contrary , and said , that in all these cases new are to be chosen , and the old discharged . and that it needeth not to have discharge by the judgment of the house , but it sufficeth to make suggestion in the chancery , and to procure a writ thereupon for a new election . and to question this was to discredit the lord chancellor and to scandalize the judicial proceedings of that court. and it was further alledged , that not only in these before-recited cases , but also in all others where any new elections are to be made , if the lord chancellor send out a writ upon any suggestion to chuse a new burgess in the place of an old , whether the cause be sufficient or non-sufficient to remove the old , or whether the suggestion be true or false , yet if a new be returned the house of commons is to accept the burgess and to allow the return , and the old burgess remaineth discharged until the matter be further cleared upon the examination and judgment of the said house . and according to these opinions the new burgesses elected and returned in places of men living , were received and allowed in the said house ; m r flowerden keeping his place for norwich , sir william drewry for castle-riseing , m r richard herbert in place of m r pugh for montgomery , and so the like of the rest that were new elected . vide the contrary resolved march the th postea . nota , that all this was done after the election of john popham esquire the queens sollicitor for prolocutor or speaker , but before his presentation to the queen , or her majesties allowance of him . the agitation of which question was doubtless either privately muttered in the house , or if it were disputed openly it was suddenly and unwarrantably done , in respect that the house of commons have no power to determine or resolve of any thing after the election of the speaker , till he be presented and allowed , as may easily be collected by all precedents both of latter and former times . neither did this opinion of the house thus irregularly given take any great effect , because the contrary was resolved march postea . in the mean time of those foregoing arguments and disputations in the house , it was signified unto the said house that her majesties pleasure was , that the speaker should be presented unto her highness on the next day following at two of the clock in the afternoon in the upper house . on friday the th day of january the house assembled together , and about two of the clock in the afternoon they had notice that the queen with the lords spiritual and temporal were all set in the upper house . whereupon the knights , citizens and burgesses hasted thither with m r popham their speaker , and being let in as many as conveniently could , and the said speaker brought up to the bar at the lower end of the said house by two of the most eminent personages of the house of commons , he there made his humble excuse , and alledged his insufficience for discharge of his place in such manner and form as in like case is usually accustomed . but notwithstanding his said excuse her majesty by the lord chancellor signified her allowance of him , for which the said speaker rendred his humble thanks , and petitioning in the name of the house of commons for liberty of speech , for free access to her majesty , and for freedom from arrests , according to the usual form , the lord chancellor by the queens commandment made him a gracious answer ; after which ended the knights , citizens and burgesses with their said speaker returned unto their own house . and being come thither and the speaker set in his chair , one bill according to the usual form was read , which was for the assurance of purchasers against incumbrances . on saturday the th day of january the litany being read by the clerk , and the old prayer , that was used in former sessions , read also by the speaker , m r speaker made a short oration to the house , partly touching himself and partly touching them . for his own part acknowledging his infirmities and praying both their patience and assistance ; and for them he advised them to use reverent and discreet speeches , to leave curiosity of form , and to speak to the matter : and for that the parliament was likely to be very short , willed them further to forbear speaking to bills at the first reading , and not to spend too much time in unnecessary motions or supersiuous arguments . and further desired them that they would see their servants , pages and lackies attending on them kept in good order . which ended , a motion was made that m r speaker and the residue of the house of the better sort of calling , would always at the rising of the house depart and come forth in comely and civil sort , for the reverence of the house in turning about with a low courtesie , like as they do make at their coming into the house , and not so unseemly and rudely to thrust and throng out as of late time hath been disorderly used ; which motion made by sir james croft knight comptroller of her majesties houshold , was very well liked of and allowed of all this house . the bill for reformation of disorders of the clerk of the market and his deputies was read the first time . m r paul wentworth made a motion for a publick fast and daily preaching ; the fast to be appointed upon some one certain day , but the preaching to be every morning at seven of the clock before the house did sit ; that so they beginning their proceeding with the service and worship of god , he might the better bless them in all their consultations and actions . sir francis knolles treasurer of the queens houshold spake against this motion , m r thomas cromwell spake for it , m r alford against it , m r cooke for it , m r secretary wilson for it , m r serjeant flowerden for it ; and m r norton shewed precedents that there had been fasts in london by order only from the council ( by which it seemeth he intended to infer that a parliament might much rather appoint it . ) hereupon the house being divided , and many arguments being spent pro & con , at length the said matter in question was put to voices , and the better side had the greater number ; for there were a hundred and fifteen voices for it , and but a hundred against it ; and so it was ordered , that as many of the house of commons as convenient could , should on the sunday seven-night after , being the th day of this instant january , assemble and meet together in the temple church there to hear preaching and join in prayer together with humiliation and fasting for the assistance of gods spirit in all their consultations during this parliament , and for the preservation of the queens majesty and her realms ; and that the preachers who should perform the work and service of that day , might be appointed by such of her majesties council as were of the house , to the intent that they may be discreet persons and keep convenient proportion of time , without intermedling with matter of innovation or unquietness . this day also it was ordered that the house should be called on wednesday next being the th day of this instant january in the afternoon , that so it might appear who did diligently intend the business of the house , and who did negligently absent themselves . m r broughton also this forenoon made a motion to know the mind of the house touching his companion or fellow burgess , who now stood indicted of felony , whether he ought to remain of the house or to forbear coming , or that a new one should be elected in his place . whereupon after the matter had been a while agitated and disputed of in the house , it was adjudged , that he ought to remain of the house till he were convicted : for it may be any mans case who is guiltless to be accused , and thereupon indicted of felony or a like crime . after which judgment given by the house , m r norton did further inform them , that the lord chancellor willed him to signifie unto the house that this matter had been moved to him , and that a new writ had been desired of him for the election of another in the place of the said burgess ; but that his lordship had refused to yield thereunto , and had further alledged that he ought first to be removed by the judgment of the house ; and that thereupon the house signifying so much to his lordship , he would thereupon grant a new writ for a second election to be made . the judgment of the lord chancellor , who was both learned in the laws , and had been an antient parliament man , was much commended by the house , and the rather , because it so opportunely concurred at this time with the judgment of the house . which resolution seemeth cross to that former opinion before-given in the house on thursday last past the th day of this instant january , viz. that new burgesses being returned in the place of others living were to be allowed and received in the house . but yet i conceive that these two opinions may well stand together ; for here the lord chancellor was pleased not to grant a writ for a new election , but to stay the judgment of the house , which was without all question the most just and safe way of proceeding ; whereas in those other before-recited cases he had granted out writs for new elections upon meer suggestions ; and then without all question the burgesses returned upon those writs are to be received into the house and must remain as members thereof until they be again rejected by the judgment of the house . so also it is if a sheriff shall return one for a knight of a shire who was unduly or not at all elected , yet he that is so returned remaineth a member of the house until his said election be declared void by the judgment of the house . but why in the said former case one elected in a place of a burgess sick , ( upon suggestion doubtless that he could not recover ) should be adjudged by the house to be well elected , and returned notwithstanding that the former burgess was present in the parliament and had recovered his health , i cannot possibly guess . vide march th postea . january . sunday . on monday the th day of january the house being assembled did sit till eleven of the clock without the speaker , for that he was all that time at the court ; in which mean time the serjeant of the house apprehended one william hanney servant to anthony kirle of the middle-temple gent. sitting in this house , who being none of this house , and further examined , confessed upon his knees that he had sitten here this present day by the space of half an hour at the least , craving pardon and alledging that he knew not the orders of this house , and was thereupon committed to the serjeants custody till further order should be taken with him by this house . m r speaker coming to the house after eleven of the clock read the usual prayer , omitting the litany for the shortness of time , and declared unto the house that the time was then so far spent as leisure could not then well serve them to proceed unto the reading of any bill , and therefore willed all the house then present to meet there again on the morrow at eight of the clock in the forenoon : and also that every one of the house which were then present , should give notice thereof unto all such of the residue of this house then absent as they could in the mean time happen to see or meet with , to the end that all they might likewise attend in this house at the time aforesaid accordingly . on tuesday the th day of january , three bills of no great moment had each of them one reading ; of which the last being the bill that actions upon the case shall be brought in proper counties was read the first time . m r speaker declared himself for his own part to be very sorry for the error that happened here in this house upon saturday last in resolving to have a publick fast , and sheweth her majesties great misliking of the proceeding of this house therein , declaring it to fall out in such sort as he before did fear it would do ; and advising the house to a submission in that behalf , further moved them to bestow their time and endeavour hereafter during this session in matters proper and pertinent for this house to deal in , and to omit all superfluous and unnecessary motions and arguments , with all due regard and consideration to the order of the house . m r vice-chamberlain declaring a message from her majesty to this whole house , by her highness commandment shewed unto them her great admiration of the rashness of this house in committing such an apparent contempt against her majesties express commandment very lately before delivered unto the whole house by the lord chancellor in her highness name , as to attempt and put in execution such an innovation as the same fast without her majesties privity and pleasure first known ; blaming first the whole house and then m r speaker , and declaring her majesties protestation for the allowing of fasting and prayer , with the use and exercise thereof in her own person ; but reproving the undutiful proceeding of this house as against the duty of subjects , did nevertheless very eloquently and amply set forth her majesties most honourable and good acceptation of the zeal , duty and fidelity of this whole house towards religion , the safety of her highness person , and the state of this common-wealth ( in respect whereof her majesty hath so long continued this parliament without dissolution ) declared further to the great joy and comfort of this whole house , that her majesty nevertheless of her inestimable and princely good love and disposition , and of her highness most gracious clemency construeth the said offence and contempt to be rash , unadvised and an inconsiderate error of this house , proceeding of zeal and not of the wilful and malicious intent of this house or of any member of the same , imputing the cause thereof partly to her own lenity towards a brother of that man which now made this motion ( m r wentworth ) who in the last session was by this house for just causes reprehended and committed , but by her majesty graciously pardoned and restored again . and after many excellent discourses and dilatations of her highness most honourable and loving care for the advancement of religion , and the state wherein she had before signified her prohibition to this house by the lord chancellor , shewed that her highness hath already deeply consulted upon those matters in all due and needful respects , and prepared sit and apt courses to digest them , meet and ready to be delivered unto this house from her highness by such direction as her majesty thinketh most convenient . and so perswading this house to imploy the time about the necessary service of the queens majesty and of the common-wealth , with due and grave regard to the antient orders of this house , concludeth , that he thinketh it very meet that this whole house or some one of this house , by warrant of the house , in the name of the said house , do make most humble submission unto her majesty , acknowledging the said offence and contempt , and in most humble and dutiful wise to pray remission of the same at her highness hands , with full purpose hereafter to forbear committing of the like offence . m r comptroller followed him and spake to the same effect , but urged and enforced the fault of the house with much more violence . m r nicholas s t leger spake next , and with a great deal of discretion and moderation extenuated the said offence of the house ; urging first their great affection to her majesty , the sincerity of their intention in that motion of the fast ; then the imperfections and sins to which not only private men but publick states are also subject , and therefore needed to be supported by prayer and humiliation ; and then he urged the great fault and remissness of the bishops who suffered that most necessary duty of fasting and humiliation to grow even out of use in the church ; and lastly he concluded , that he trusted that both her majesty and all her subjects would be ready to express their true repentance to god in humbling themselves in sack-cloth and ashes . m r s t poole followed m r s t leger , but spake somewhat differing from him , aggravating the fault of the house , and urging submission . m r chancellor of the exchequer spake next , and admonished the house of their duty which they did owe to so good and gracious a prince as her majesty hath expressed her self to be in all this long time of her government , and therefore urged the house to submission . m r sackford one of the masters of the requests urged the same submission , but withal he thought it very sitting and could wish it that m r vice-chamberlain who had brought the message from her majesty of her displeasure , might also carry the houses submission back again untoher highness . m r flowerden spake next and shewed the sincerity of his intention in speaking for the fast , when it was first moved ; but now concluded , that it was most fitting for the house to make their submission to her majesty . m r carleton stood up and offered to have spoken , but was interrupted by m r speaker and the house . then m r speaker asked the question , whether m r vice-chamberlain should carry the submission of the house to her majesty , and it was agreed by the consent of the whole house . m r carleton offered again to speak , saying with some repetition , that what he had to move was for the liberty of the house ; but the speaker notwithstanding and the house ( out of a tender care as it seemeth to give no further distast to her majesty ) did stay him . on wednesday the th day of january , the bill for children born in england of fathers that were aliens , not to be accounted or reputed as english , was read the second time . m r cromwell now upon the second reading as the order is , spake against the bill , m r norton for it , with motion also that englishmen taking oath to the pope or foreign potentates beyond sea , for obedience in england , shall have no benefit as englishmen . m r broughton spake against the said bill , sir francis knolles treasurer of her majesties houshold spake for it , and m r dalton spake against it . whereupon the said bill was after the foresaid second reading ( according to the course and order in that case usual and accustomed ) committed to m r treasurer aforesaid , m r chancellor of the exchequer , doctor dale one of the masters of requests , m r norton , m r aldrich , m r aldersey , m r dalton , m r fleetwood recorder of london , and m r serjeant fenner ; who were appointed to meet on friday the th day of january now next following at two of the clock in the afternoon in the exchequer chamber . m r vice-chamberlain brought answer from her majesty of her most gracious acceptation of the submission , and of her majesties admonition and confidence of their discreet proceeding ; with one special note , that they do not misreport the cause of her misliking , which was not , for that they desired fasting and prayer , but for the manner in presuming to indict a form of publick fast without order and without her privity , which was to intrude upon her authority ecclesiastical . sir walter mildmay spake next , and delivered a most honourable , grave , wise and honest speech ; which being not found either in the first original draught of the journal of the house of commons taken by fulk onslow esq clerk of the same , nor otherwise set down in one other fair transcribed copy of the said journal by the same m r onslow's direction then abstractedly and summarily taken ; i have therefore caused it to be transcribed at large out of a copy of the said speech i had by me in manner and form following . the principal cause of our assembly here being to consult of matters that do concern the realm , i have thought good with your patience to remember you of such things as for the weight and necessity of them i take to be worthy of your considerations . wherein i mean to note unto you what i have conceived first of the present state we be in , next of the dangers we may justly be in doubt of , and lastly what provision ought to be made in time to prevent or resist them . these shewed as briefly as the matters will suffer , i leave them to your judgments to proceed further as you shall find it expedient . that our most gracious queen did at her first entry loosen us from the yoke of rome , and did restore unto this realm the most pure and holy religion of the gospel , which for a time was over-shadowed with popery , is known of all the world , and felt of us to our singular comforts . but from hence as from the root hath sprung that implacable malice of the pope and his confederates against her , whereby they have and do seek not only to trouble , but if they could to bring the realm again into a thraldom ; the rather for that they hold this as a firm and setled opinion , that england is the only setled monarchy that most doth maintain and countenance religion , being the chief sanctuary for the afflicted members of the church that fly thither from the tyranny of rome , as men being in danger of shipwrack do from a raging and tempestuous sea to a calm and quiet haven . this being so , what hath not the pope assaied to annoy the queen and her state , thereby as he thinketh to remove this great obstacle that standeth between him and the over-flowing of the world again with popery ? for the proof whereof these may suffice . the northern rebellion stirred up by the pope , and the quarrel for popery . the maintenance sithence of those rebels and other fugitives . the publishing of a most impudent , blasphemous and malicious bull against our most rightful queen . the invasion into ireland by james fitz marrice , with the assistance of some english rebels . the raising of a dangerous rebellion in ireland by the earl of desmond and others , intending thereby to make a general revolt of all the whole realm . the late invasion of strangers into ireland , and their fortifying it . the pope turned thus the venom of his curses and the pens of his malicious parasites into men of war and weapons , to win that by force , which otherwise he could not do . and though all these are said to be done by the pope , and in his name , yet who seeth not that they be maintained under-hand by some princes his confederates ? and if any man be in doubt of that , let him but note from whence the last invasion into ireland came , of what country the ships , and of what nation the most part of the souldiers were , and by direction of whose ministers they received their victual and furniture . for the pope of himself at this present is far unable to make war upon any prince of that estate which her majesty is of , having lost as you know many years by the preaching of the gospel those infinite revenues which he was wont to have out of england , scotland , germany , switzerland , denmark and others , and now out of france and the low countries ; so as we are to think that his name only is used , and all or the most part of the charge born by others . the queen nevertheless by the almighty power of god standeth fast , maugre the pope and all his friends ; having hitherto resisted all attempts against her , to her great honor and their great shame . as the rebellion in the north suppressed without effusion of blood , wherein her majesty may say as caesar did , veni , vidi , vici ; so expedite and so honourable was the victory that god did give her by the diligence and valour of those noble men that had the conducting thereof . the enterprize of james fitz morrice defeated , and himself slain . the italians pulled out by the ears at smirwick in ireland , and cut in pieces by the notable service of a noble captain and valiant souldiers . neither these nor any other threatnings or fears of danger hath or doth make her to stagger or relent in the cause of religion , but like a constant christian princess she still holdeth fast the profession of the gospel that hath so long upholden her , and made us to live in peace twenty two years and more under her most gracious government , sice from those troubles that our neighbours have felt ; so as this now seemeth to be our present state , a blessed , peaceable and happy time , for the which we are most bound to god and to pray unto him for the continuance thereof . but yet notwithstanding , seeing our enemies sleep not , it behoveth us not to be careless , as though all were past ; but rather to think , that there is but a piece of the storm over , and that the greater part of the tempest remaineth behind , and is like to fall upon us by the malice of the pope , the most capital enemy of the queen and this state , the determinations of the council of trent , and the combination of the pope with other monarchies and princes devoted unto rome , assuring our selves that if their powers be answerable to their wills , this realm shall find at their hands all the miseries and extremities that they can bring upon it . and though by the late good success which god hath given in ireland , these lewd and malitious enterprizes seem for a time to be as it were at a stand ; yet let us be assured that neither their attempts upon ireland , neither the mischiefs intended against england will cease thus ; but if they find us negligent they will be ready with greater forces than have been yet seen . the certain determination which the pope and his combined friends have to root out the religion of the gospel in all places , and to begin here as their greatest impediment , is cause sufficient to make us the more vigilant , and to have a wary eye to their doings and proceedings , how smoothly soever they speak or dissemble their friendships for the time : for let us think surely , that they have jointed hands together against us , and if they can , they will procure the sparks of the flames that have been so terrible in other countries , to fly over into england , and to kindle as great a fire here . and as the pope by open hostility , as you see , hath shewed himself against her majesty ; so the better to answer in time the purposes that he hath set down in the mean season till they may come to ripeness , he hath and doth by secret practices within this realm leave nothing unproved , emboldening many undutiful subjects to stand fast in their disobedience to her majesty and her laws . for albeit the pure religion of the gospel hath had a free course , and hath been freely preached now many years within this realm by the protection of her majesties most christian government ; yet such have been the practices of the pope and his secret ministers , as the obstinate and stiff-necked papist is so far from being reformed , as he hath gotten stomach to go backward , and to shew his disobedience not only in arrogant words but also in contemptuous deeds . to confirm them herein and to increase their number you see how the pope hath and doth comfort their hollow hearts with absolutions , dispensations , reconciliations , and such other things of rome . you see how lately he hath sent hither a sort of hypocrites , naming themselves jesuits , a rabble of vagrant friers newly sprung up and running through the world to trouble the church of god , whose principal errand is by creeping into the houses of men of behaviour and reputation , not only to corrupt the realm with false doctrine , but also under that pretence to stir up sedition , to the peril of her majesty and her good subjects . how these practices of the pope have wrought in the disobedient subjects of this land is both evident and lamentable to consider . for such impression hath the estimation of the pope's authority made in them , as not only those which from the beginning have refused to obey , but many , yea very many of those which divers years together did yield and conform themselves in their open actions , sithence the decrees of that unholy council of trent , and sithence the publishing and denouncing of that blasphemous bull against her majesty , and sithence those secret absolutions and reconciliations , and the swarming hither of a number of popish priests and monkish jesuits , have and do utterly refuse to be of our church , or to resort unto our preaching and prayers . the sequel whereof must needs prove dangerous to the whole state of the common-wealth . by this you see what cause we have justly to doubt great mischief threatned to this realm ; and therewith you may easily see also how for the preventing and withstanding of the same it behoveth her majesty not only to provide in time sufficient laws for the continuing of this peaceable government , but also to be ready with forces to repress all attempts that may be enterprized either by enemies abroad , or by evil subjects at home . what difference there is between the popes persecuting church and this mild church of the gospel , hath been seen in all ages , and especially in the late government compared with the merciful time of her majesties reign ; the continuance of which clemency is also to be wished so far as may stand with gods honour and the safety of the realm : but when by long proof we find that this favourable and gentle manner of dealing with the disobeyers and contemners of religion to win them by fair means if it were possible , hath done no good , but hath bred in them a more arrogant and contemptuous spirit , so as they have not only presumed to disobey the laws and orders of the realm , but also to accept from rome secret absolutions , reconciliations and such like ; and that by the hands of lewd runnagates , priests and jesuits , harbouring and entertaining them even in their houses , thereby showing an obedience to the pope , by their direction also nourishing and training up their children and kinsfolks , not only at home but also abroad in the seminaries of popery ; now i say it is time for us to look more narrowly and strictly to them , lest as they be corrupt , so they prove dangerous members to many born within the entrals of our common-wealth . and seeing that the lenity of the time and the mildness of the laws heretofore made , are no small cause of their arrogant disobedience , it is necessary that we make a provision of laws more strict and more severe to constrain them to yield their open obedience , at the least , to her majesty in causes of religion , and not to live as they list to the perillous example of others , and to the encouraging of their own evil affected minds : but if they will needs submit themselves to the benediction of the pope , they may feel how little his curses can hurt us , and how little his blessings can save them from that punishment which we are able to lay upon them ; letting them also find how dangerous it shall be for them to deal with the pope or any thing of his , or with those romish priests and jesuits , and therewith also how perillous it shall be for those seditious runnagates to enter into the land , to draw away from her majesty that obedience which by the laws of god and man are due unto her . this then is one of the provisions which we ought to take care of in this council , whereby we may both enjoy still that happy peace we live in , and the pope take the less boldness to trouble us by any favour he shall find here . the next is provision of forces sufficient to answer any violence that may be offered either here or abroad ; for the which you know it is requisite that her majesty do make preparation both by sea and by land. god hath placed this kingdom in an island environed with the sea as with a natural and strong wall , whereby we are not subject to those sudden invasions which other frontier countries be . one of our greatest defences standing by sea , the number of good ships is of the most importance for us . what the queens navy is , how many notable ships , and how far behind the navy of any other prince , is known to all men , and therewith also it may be easily considered how great charges be incident to the same . necessary also it is that her majesty have forces by land sufficient to chastise the rebels in ireland , and to repress any foreign attempts either there or here . for which services either by land or by sea her majesty needeth not , as other princes are fain to do , to entertain necessary souldiers of foreign countries hardly gotten , costly and dangerously kept , and in the end little or no service done them ; but may bring sufficient forces of her own natural subjects , ready and easy to be levied , that carry with them willing , valiant and faithful minds , such as few nations may easily compare with . but these forces with their furniture and munition , can neither be prepared nor maintained to have continuance without provision of treasure sufficient to bear the charge , being as you know termed of old nervus belli . this belongeth to us to consider , and that in time there be not lack of the sinews that must hold together the strength of our body . and because through the malice of our enemies her majesty is driven to keep great forces in ireland for the better suppressing of that rebellion to her exceeding charge , and for that also it is uncertain how sudden and how great other attempts may be ; therefore in reason , our supply of that maintenance ought to be the more , especially the wars being at this day so costly as every man in his private expence may easily judg . but lest that peradventure some may judge that the contribution granted by us now five years past both frankly and dutifully , might suffice for many years without any new ; i dare assure you for the acquaintance i have ( though i be unworthy ) with those her majesties affairs , that the same hath not been sufficient to answer the extraordinary charges happened since then , especially those of ireland , by the one half ; but her majesty hath supplied the rest out of her own revenues , sparing from her self to serve the necessity of the realm , and shunning thereby loans upon interest as a most pestilent cancer that is able to devour even the states of princes . which being so , as it is most true , we are not to think upon the charge that is past , but the good we have received by it , being by that provision well and honourably desended against the malice of our enemies . and therefore considering the great benefit we have received , by the last payment being easily taxed and easily born , whereby we have kept all the rest in peace ; let us as provident councellors of this state prepare again in time that which may be able to withstand the mischiefs intended against us . to do this willingly and liberally , our duty to our queen and country , and our safeties move us . the love and duty that we owe to our most gracious queen , by whose ministry god hath done so great things for us , even such as be wonderful in the eyes of the world , ought to make us more careful for her preservation and security than for our own . a princess known by long experience to be a principal patron of the gospel , vertuous , wise , faithful , just , unspotted in word and deed , merciful , temperate , a maintainer of peace and justice amongst her people without respect to persons ; a queen besides of this noble realm , our native country , renowned of the world , which our enemies daily gape to over-run , if by force or sleight they could do it ; for such a queen and such a country , and for the defence of the honour and safety of them both , nothing ought to be dear unto us , that with most willing hearts we should not spend and adventure freely . the same love and duty that we owe to our gracious soveraign , and to this our native country , ought to make us all to think upon the realm of ireland as upon a principal member of this crown , having continued so this four hundred years or more . to lose that land or any part thereof , which the enemies seek , would not only bring with it dishonour , but also prove a thing most dangerous to england considering the nearness of that realm to this , and the goodness of so many notable havens as be there . again to reform that nation by planting there of religion and justice , which the enemies labour to interrupt , is most godly and necessary ; the neglecting whereof hath and will continue that people in all irreligion and disorder , to the great offence of god , and to the infinite charge of this realm . finally let us be mindful also of our safety , thereby to avoid so great dangers , not seen afar off , but imminent over our heads . the quietness that we have by the peaceable government of her majesty , doth make us to enjoy all that is ours in more freedom than any nation under the sun at this day : but let not that breed in us a careless security , as though this clear sun-light could never be darkened ; but let us think certainly that the pope and his favourers do both envy our felicity , and leave no practice unsought to over-throw the same . and if any man be so dull ( as i trust there be none here ) that he cannot conceive the blessedness of this our golden peace , except he felt the lack of it ; let him but cast his eyes over the seas , into our neighbours countries , and there behold what trouble the pope and his ministers have stirred against such as profess the same religion of jesus christ as we do : there he may find depopulations and devastations of whole provinces and countries , over-throwing , spoiling and sacking of cities and towns , imprisoning , ransoming and murthering of all kind of people ; besides other infinite calamities which the insolency of war doth usually bring with it . from these god in his mercy hath delivered us ; but this nevertheless is the state and condition that our enemies would see us in , if by any device they could bring it to pass ; and to that end be then assured they will spare for no cost , nor leave any means unassayed . therefore to conclude , seeing the malice of the pope and his confederates are so notorious unto us , and seeing the dangers be so great , so evident and so imminent , and seeing that preparations to withstand them cannot be made without support of the realm ; and seeing that our duties to god , our queen and country , and the necessity that hangeth upon our own safeguards , be reasons sufficient to perswade us , let us think upon these matters as the weight of them deserveth , and so provide in time both by laws to restrain and correct the evil affected subjects , and by provision of that which shall be requisite for the maintenance of forces , as our enemies finding our minds so willing , and our hands so ready to keep in order-our country , and to furnish her majesty with all that shall be necessary , may either be discouraged to attempt any thing against us , or if they do , they may find such resistance , as shall bring confusion to themselves , honour to our most gracious queen , and safety to all of us . m r norton pursued the same admonition , and required the house to proceed to a manner of executing it , which in his opinion was to appoint all the privy-council of this house and certain other fit persons to consult of bills convenient to be framed according to the said motion to be presented to the house ; which motion also was well allowed , and committees appointed to meet in the exchequer-chamber that afternoon at two of the clock , viz. all the privy council of this house , sir thomas heneage treasurer of the chamber , the masters of requests , sir george carie knight marshal , m r fortescue master of the wardrobe , m r recorder of london , m r serjeant fenner , m r serjeant fleetwood , sir james harrington , sir william more , sir thomas scott , sir john brockett , sir henry radclyffe , m r yelverton , m r henry gates , m r hutton , m r philip sidney , sir henry leigh , m r woolley , sir thomas shirley , sir henry knivett , m r norton , m r aldersey , sir rowland hayward , m r matthew , sir robert wingfeild , sir thomas porter , sir thomas parrot , m r john price , m r aylmer , sir george speak , m r lieutenant of the tower , sir thomas cecill ; sir arthur bassett , m r crooke , m r robert wroth , m r edward lewkenor , m r thompson , m r layton , m r edward stanhope , m r charles morrison , m r gilbert talbot , mr. edward cary , mr. peter wentworth , mr. sandes , sir robert stapleton , sir nicholas s t leger , sir james mervin , sir william winter , sir edward unton , mr. fabian philipps , mr. edgecombe , sir henry woodhouse , mr. payton and mr. digby . it was ordered that the house should be called upon saturday next at two of the clock in the afternoon . william hanney servant to mr. anthony kirle , having on monday the th day of january last past been present in the house of commons about the space of half an hour , being no member of it , and having been thereupon committed to the serjeant of the house , was this forenoon brought to the bar by the serjeant , who humbly upon his knees submitted himself to the grace and favour of this house , acknowledging his fault to proceed only upon simplicity and ignorance ; whereupon after some examinations when he had willingly taken the oath against the popes supremacy , he was remitted by the house paying his fees. in the afternoon about two of the clock the said committees did meet in the exchequer chamber , where m r norton spake very well to those matters which had been propounded by sir walter mildmay in the forenoon , and did thereupon exhibite certain articles to the like purpose , which were by the committees considered and some others added unto them . and it was ordered that m r serjeant flectwood , m r serjeant fenner , m r serjeant flowerden , and m r yelverton and mr. norton should set down the matters upon which they had there agreed , and having digested them into articles should exhibit them at the next meeting of the committees , which was appointed to be on friday next at two of the clock in the afternoon . on thursday the th day of january , the bill for avoiding of counterfeit instruments under counterfeit seals of any office or offices , was read the second time , and committed unto mr. vice-chamberlain , mr. chancellor of the exchequer , mr. treasurer of the chamber , sir thomas brown , mr. sands , mr. cromwell and mr. atkins ; who were appointed to meet on saturday next at two of the clock in the afternoon in the exchequer chamber . the bill for avoiding of incumbrances against purchasers was read the second time and ordered to be ingrossed . the bill that actions upon the case shall be brought in proper counties was read the second time , and after sundry arguments was upon the question committed to sir george cary , sir george speake , mr. serjeant fenner , mr. wroth and others , who were appointed to meet this afternoon at two of the clock in the temple-church . on friday the th day of january , seven bills of no great moment had each of them one reading ; of which the first being the bill for the speedy recovery of debts was read the first time . the bill for the reformation of the clerk of the market , and the proviso added unto it was read the second time , and committed unto mr. treasurer , mr. comptroller , mr. lieutenant of the tower , sir thomas s t poole , mr. grimsditch and others , who were appointed to meet on monday next in the afternoon at two of the clock , and the clerk of the market to be licensed to attend them , and to be heard before them if he will. the house being moved did grant that the serjeant who was to go before the speaker being weak and somewhat pained in his limbs , might ride upon a foot-cloth nag . this day lastly in the afternoon was a motion made by mr. norton to have a committee appointed to draw two bills , the one against secret and stoln contracts of children without the consent of parents , &c. the other against exacting upon the clergy by ordinaries and by under-collectors of tenths , and it was committed to sir walter mildmay and himself . post meridiem . the committees appointed on wednesday last the th day of this instant january to meet this afternoon at two of the clock in the exchequer chamber , about the framing and drawing up the two bills of religion and the subsidy , met accordingly , where the articles and heads that concerned them were appointed to mr. norton to pen and bring to the house the next day . on saturday the th day of january , three bills of no great moment had each of them one reading ; of which the last being the bill for the preservation of woods , was read the second time and committed unto mr. lieutenant of the tower , sir thomas scott and others , who were appointed to meet at the temple-church upon monday next at two of the clock in the afternoon . two bills also had each of them their second reading ; of which the first being a bill against the erecting of iron-mills near the city of london and the river of thames , was read the second time and committed to the former committees in the bill for preservation of woods . it was ordered that the house should be called on wednesday next in the afternoon . the bill touching the defeasances of statutes of the staple was read the second time , and committed unto mr. vice-chamberlain , mr. chancellor of the exchequer , mr. humfrey gilbert , mr. sands and others , who were appointed to meet on monday next at three of the clock in the afternoon in the exchequer chamber . the bill for the assize of fuel was read the second time , and committed unto the same former committees in the bill for woods , and at the same time and place . a motion was made by mr. alsord , and pursued by mr. s t poole and mr. snagg , touching composition for purveyances , and assented to have conference by mr. treasurer and mr. comptroller on thursday next . post meridiem . in the afternoon the committees met again in the exchequer chamber about the two bills for religion and subsidy . the articles which were exhibited by mr. norton concerning the bill of subsidy were allowed by the committees , and he appointed to draw the said bill accordingly ; and the articles agreed for the rates and times of taxations certificates and payment of a subsidy and two fifteenths . on monday the th day of january , the bill touching 〈◊〉 of the sea was read the second time , and committed unto the master of the jewel-house , sir thomas scott , sir william winter , sir william moore , sir arthur bassett , mr. grimsditch , mr. layton , mr. aldersee , mr. rogers , mr. shirley , mr. boyes , mr. knight and mr. borrey , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . three bills of no great moment had each of them one reading ; of which the last being the bill for the speedy recovery of debts was read the third time and passed upon the question . mr. attorney general and mr. doctor clerk did bring from the lords two bills , viz. an act against slanderous words and rumors , and other seditious practices against the queens majesty , and an act for avoiding of slanderous libelling . the bill for avoiding of certain incumbrances against purchasers was read the third time . and a proviso to this bill was once read and dashed upon the question , and likewise the bill passed upon the question . on tuesday the th day of january , the bill for the speedy recovery of debts which passed this house yesterday , was upon motion made to this house by mr. speaker upon the mistaking of this house of some part of the said bill , amended upon the question , with interlining of these words , viz. [ such and of debts ] the whole sentence wherein these interlined words are contained being thrice read , and the bill again passed upon the question accordingly . the two bills sent yesterday to this house from the lords being against seditious practising and slanderous libelling , had each of them its first reading . the two bills that passed this house yesterday being for the speedy recovery of debts , and for the avoiding of certain incumbrances against purchasers , were sent up to the lords by mr. vice-chamberlain , mr. chancellor of the exchequer , and others . the bill for furniture of armour and weapons had its first reading . upon motions made yesterday to this house by mr. diggs for maintenance of the navy and mariners , and also for a supply of souldiers , and setting idle persons on work , and by fishing to procure increase of gain and wealth to the whole state of this realm , it is ordered , that the consideration hereof be committed unto all the privy-council being of this house , and that as many of this house as are acquainted with that matter of plot and device may attend them at their pleasure , and to meet upon friday next at two of the clock in the afternoon in the exchequer chamber . the bill for punishing of unlawful having two wives at once , was read the second time , and committed to mr. doctor dale master of the requests , sir thomas browne , mr. recorder of london , m r layton , mr. alford , mr. grimsditch , mr. newdigate , mr. snagg , mr. thomas bowyer and m r greenfeild , who were appointed to meet at two of the clock in the afternoon upon saturday next in the exchequer chamber . on wednesday the first day of february , two bills of no great moment had each of them one reading ; of which the first being the bill touching partition of lands between the coheirs of john sometime earl of oxford , was read the first time . upon a motion made unto this house by mr. norton , that two porters of serjeants-inn in fleetstreet have much misused him in his attending the service of this house , it is ordered by this house that the serjeant at arms do forthwith fetch the same two porters unto this house . mr. chancellor of the exchequer in the name of the residue of the committees for the bill against counterfeit instruments and seals of offices , and of himself declared unto the house , that they have upon consideration had amongst them thought good to make a new bill for those purposes to be offered to this house ; and so delivered in both the old bill and the new . three bills also had each of them one reading ; of which the third being the bill against slanderous words and rumors , and other seditious practices against the queens majesty was read the second time , and an addition offered to this bill by mr. norton was once read , and with the bill committed unto all the privy-council being of this house , m r treasurer of the chamber , all the serjeants at law of this house , and others . and the bill was delivered to mr. treasurer who with the rest was appointed to meet upon friday next at two of the clock in the afternoon ; and the committee for mr. diggs his motions are deferred till saturday next at two of the clock in the afternoon in the said exchequer chamber . vide febr. . following . nota , that here a new addition ( inserted into a bill which had been twice read ) was committed with the said bill , although it had been read but once . mr. serjeant anderson and mr. dr. barkley did bring from the lords a bill for avoiding of disorders and abuses in sheriffs and under-sheriffs , and other like ministers . john owld porter of serjeants-inn in fleetstreet and william kenn his servant being present here at the bar and charged with their misbehaviour , rather excusing than submitting themselves , it is , upon good proof of their said misbehaviour testified by three gentlemen of this house besides mr. norton , ordered that both the master and servant be committed to the serjeants ward till further order shall be taken ; and that mr. speaker may in the mean time set the said william kenn the servant at liberty , upon his submission , if he shall so think good . two bills of no great moment had each of them one reading ; of which the second being the bill against the multitude of common inns and ale-houses , was read the first time and rejected . it is ordered , that m r speaker in the name of this house do require the warden of the fleet , being a member of this house , that he do cause from henceforth two of his servants to attend at the stair-head near unto the outer door of this house , and to lay hands upon two or three of such disordered serving-men or pages as shall happen to use such lewd disorder and outrage as hath been accustomed to be exercised there this parliament time , to the end they may thereupon be brought into this house and receive such punishment as to this house shall seem meet . on thursday the second day of february it seemeth that neither house sate , for in the journal of the house of commons there is no mention at all of the day or of any passages in it ; and that the upper house sate not it is most certain , for on the wednesday foregoing , being the first day of this instant february , sir thomas bromley the now lord chancellor adjourned the parliament unto saturday following , being the th day of this instant month. on friday the third day of february , eight bills of no great moment had each of them one reading ; of which the seventh being the bill against slanderous libelling , was upon the second reading committed to m r vice-chamberlain , m r chancellor of the exchequer , m r chancellor of the dutchy , sir henry knivett , m r attorney of the dutchy , m r serjeant fenner and others , to meet in the exchequer chamber at two of the clock in the afternoon . m r treasurer brought in a bill touching children of strangers born in england , and a new bill devised by the committees for that purpose , which bill had its first reading . john owld porter of serjeants-inn in fleetstreet , who on wednesday last past being the first day of this instant february , had been by order of this house committed to the serjeants ward for his miscarriage towards m r norton a member of this house , being this day brought to the bar , upon his humble submission and acknowledgment of his fault was set at liberty paying his fees. on saturday the th day of february , six bills had each of them one reading ; of which the third being the bill for cloths called tauntons , bridgewaters and charde , was upon the second reading committed unto m r chancellor of the exchequer , sir george speake , sir william moore , m r norton and others , who were appointed to meet on wednesday next at two of the clock in the afternoon in the exchequer chamber . sir thomas scott one of the committees in the bill for preservation of woods , offered a new bill for that purpose to this house , drawn by the privity and assent of himself and of the residue of the said committees . m r serjeant anderson and m r doctor clark did bring word from the lords , that their lordships do require a conference with some of this house in the council chamber at the court on tuesday next in the afternoon , touching the bill passed this house for avoiding of certain incumbrances against purchasers . whereupon are appointed all the privy-council being of this house , sir thomas sampoole , m r attorney of the dutchy , m r recorder of london , m r serjeant flowerdewe , m r serjeant fenner , m r colbie , m r yelverton , m r sands and m r dalton . the bill for reformation of disorders in sheriffs , &c. was read and committed to m r vice-chamberlain , m r comptroller , m r chancellor of the exchequer , m r osborne and others , who were appointed to meet at the exchequer chamber upon thursday next at two of the clock in the afternoon , and withal to consider of the former bills of like effect offered to this house now or heretofore . upon a motion made to this house by m r norton , in which he declared that some person of late had caused a book to be set forth in print , not only greatly reproachful against some particular good members of this house of great credit , but also very much slanderous and derogatory to the general authority , power and state of this house , and prejudicial to the validity of the proceedings of the same , in making and establishing of laws , charging this house with drunkenness as accompanied in their councils with bacchus , and then also with choler , as those which had never sailed to anticyra , and the proceedings of this house to be opera tenebrarum ; and further that by the circumstance of the residue of the discourse of the said book he conjectured the same to be done and procured by mr. arthur hall one of this house , and so prayed thereupon the said mr. hall might be called by this house to answer , and the matter further to be duly examined as the weight thereof , in due consideration of the gravity and wisdom of this house and of the authority , state and liberty of the same requireth . it is resolved that the said mr. hall be forthwith sent for by the serjeant at armes attending upon this house , to make his appearance here in that behalf accordingly . and then immediately mr. secretary wilson did thereupon signifie unto this house , that the said mr. hall had upon his examination therein , before the lords of the council , heretofore confessed in the hearing of the said mr. secretary , that he did cause the said book to be printed indeed ; upon relation whereof and after some speech then also uttered unto this house by mr. chancellor of the exchequer , of the dangerous and lewd contents of the book , the serjeant was forthwith by order of this house sent to apprehend the said arthur hall , and presently assisted for that purpose with sir thomos scott and sir thomas browne , by the appointment of this house . a commission was also given by this whole house unto mr. vice-chamberlain , mr. chancellor of the exchequer , mr. secretary wilson , mr. treasurer of the chamber , sir henry lea , sir thomas cecill , sir william fitz williams , and sir henry gate , to send for the printer of the said book , and to examine him touching the said matter , and afterwards to make report thereof to this house accordingly . and also to take order and advice further for the sending for and apprehending of the said arthur hall , if it should so fall out that he did withdraw himself or depart out of town before such time as the said serjeant could find him ; with this further resolution also , that any such member of this house as should happen first to see him or meet him , might and should in the name of this whole house stay him and bring him forth to answer the said matter forthwith before the whole house with all possible speed . vide concerning this matter on wednesday the th of this instant february following , and also on saturday the th day of march next following . on monday the th day of february the bill for ratifying of an award for certain copyholders in the county of worcester , and the bill for partition of lands amongst the coheirs of the late lord latimer , were each of them read the second time and committed unto m r recorder of london , mr. serjeant fenner , mr. sands , mr. grevill , mr. christmas , mr. boyes , mr. cromwell , and mr : newdigate . mr. henry knolles the younger and mr. townesend were appointed to be with mr. speaker at this house at two of the clock this afternoon to examine the matter of outlawry pretended against walter vaughan esquire , knight for the county of caermarthen ; and that the said mr. vaughan be then there present to answer therein for himself as well as he can , and the said committees to make report unto this house of the state of the case , to the end this house may thereupon proceed to order accordingly . vide concerning this matter on the th day of this instant february following . mr. secretary wilson declaring the travel of the committees in examining of the printer that did print mr. halls book , signified unto this house , that the said printer , whose name is henry bynnyman , upon his examination before the committees said , that one john wells a scrivener in fleetstreet did deliver the written copy to him ; and when the book was printed he delivered one book to henry shirland in fridaystreet linnen-draper , to be sent to mr. hall , and that afterwards about a year past he delivered to mr. hall six of the said books , and at michaelmas term last six other of the said books , and one more to mr. halls man shortly after ; and said , that mr. hall promised to get him a priviledge , whereupon he adventured ( he saith ) to print the book , and saith that the copy was written by wells the scrivener , and that he received of the said shirland linnen-cloth to the value of l s d. for printing the said book . and that he staid of his own accord the publishing of the said books till he were paid , where mr. hall was contented that they should have been put to sale presently . which report so made by mr. secretary , and withal that mr. hall and the printer were both then at the door , the said mr. hall thereupon was brought to the bar , and being charged by mr. speaker in the behalf of the whole house , with the setting forth the said book containing very lewd and slanderous reproach , not only against some particular members of this house , but also against the general state and authority of this whole house , denied not the setting forth of the said book , protesting the same to be done by him without any malicious intent or meaning , either against the state of this house , or against any member of the same ; praying this whole house ( if he had offended in so doing ) they would remit and pardon him ; affirming withal very earnestly that he never had any more than one of the said books : and upon due consideration of his own rashness and folly therein , willed that all the said books should be suppressed , and then was mr. hall sequestred . henry bynnyman the printer was brought to the bar , who affirmed in all things as mr. secretary wilson before reported ; and further , that he had printed fourscore or an hundred of the said books , and was thereupon sequestred . henry shirland was brought to the bar , who there confessed that mr. hall did write a letter unto him and sent the said book unto him , willing him to get it printed . and that thereupon he delivered the book to the said bynnyman to have it printed , wells the scrivener being present with him ; and said further that mr. hall had paid him again the twenty nobles which he before had paid the printer ; and so he was then sequestred . and the said wells brought to the bar upon his examination saith , that when he was apprentice with one mr. dalton a scrivener in fleetstreet , the said mr. hall lying then about pauls-wharf , sent unto his said master to send one of his men unto him , and that thereupon his said master sent him unto the said mr. hall , who when he came delivered to him a book in written hand , willing him to carry it home with him and copy it out , and said , that when he had shewed it to his master , his master commanded him to write part of it , and his fellows some other part of it ; and his said master as he remembreth did write the rest of it . what his master had for the writing of it , he knoweth not . and being further examined saith , that yesterday last past he delivered one of the said books to sir randal brierton from the said mr. hall , and then the said john wells was sequestred . and afterwards all the privy-council being of this house , mr. knight marshal , mr. recorder of london , mr. serjeant flowerdewe , mr. s t leiger , mr. cromwell , mr. atkins the master of the jewel-house , sir thomas browne , sir thomas scott , mr. nathanael bacon , mr. beale , mr. norton and mr. alford , were added to the former committees for the further proceeding to the examination of the matter touching mr. hall the printer , the scrivener and all other persons , parties or privy to the publishing of the said book , set forth in print by the means and procurement of the said mr. hall , and to meet upon wednesday next at two of the clock in the afternoon in the exchequer chamber . which done mr. hall being brought to the bar again , mr. speaker declared unto him that this house mindeth further to examine the particularities of the matter wherewith they have charged him , and do therefore commit him to the serjeants ward with this liberty , that upon wednesday next in the afternoon being accompanied with the serjeant he may attend at the exchequer chamber upon the committees in the cause , and was thereupon had out of the house . henry bynnyman the printer , john wells the scrivener , and henry shirland linnen-draper being brought all three to the bar , were by mr. speaker injoined in the name of the whole house to give their attendance upon the said committees at the time and place aforesaid , and also at all times in the mean season thereof if they shall happen to be called by them or any of them , and so were had out of the house . and further it is ordered by this house , that mr. speaker do send the serjeant for john dalton late master of the said john wells , and to charge him also to attend upon the said committees at the said time and place in like manner . vide concerning this matter on tuesday the th day of this instant february following . on tuesday the th day of february , the bill for the cloth-workers of london was read the second time and committed to the former committees in the bill for cloths called tauntons and bridgwaters ( who were appointed on saturday the th day of this instant february foregoing . ) mr. treasurer one of the committees for the great causes , brought in a bill for restraint of disobedient subjects , and also articles for the granting of the subsidy , which articles were then read by the clerk , and agreed by the whole house to be delivered by mr. speaker to mr. attorney general , to draw a bill according to the same articles , to be read and passed in this house accordingly . upon a motion made by mr. norton it is ordered , that such persons as shall be appointed by this house at any time to have conference with the lords , shall and may use any reasons or perswasions they shall think good in their discretions , so as it tend to the maintenance of any thing done or passed this house before such conference had and not otherwise . but that any such persons shall not in such wise yield or assent to any such conference to any new thing there propounded , until this house be first made privy thereof , and give such order . the bill that children of aliens not being denizens and born in england shall not be reputed english , was read the third time , and after many arguments committed unto mr. vice-chamberlain , mr. chancellor of the exchequer , mr. serjeant flowerdewe , mr. sands , mr. cromwell , mr. dalton , mr. cowper and mr. norton , to set down in paper such words for amendment unto the said bill against to morrow morning , to be offered unto this house for their better satisfaction of passing of the same bill as may answer the meaning and intent of this house gathered upon the said arguments accordingly . on wednesday the th day of february , three bills of no great moment had each of them one reading ; of which the third being the bill touching kersies , defaults of weavers and the abuses of searchers and alneagers , was read the second time and committed to the former committees , and sir john s t leger , and sir arthur bassett , were added to the same former committees . the bill for obedience to the queens majesty against the see of rome was read the first time , and then ---- upon a motion made by mr. vice-chamberlain that the lords have a bill once read amongst them in the upper house , much tending to many of the things contained in this bill , and that therefore he thought good ( if the house should so like of it ) that a committee of this house were appointed to have conference with the lords in those matters , which course he thought would much expedite and further the good proceedings and meanings both of their lordships and also of this house in that behalf ; it is agreed upon the question by the whole house , that all the former committees which travelled in the drawing of the said bill last read in this house , should likewise be appointed for the said conference , and that all the privy-council being of this house , with a convenient number of others , should now presently repair unto the lords to pray the said conference in the name of this whole house . whereupon m r treasurer , m r vice-chamberlain , mr. chancellor of the exchequer and mr. secretary wilson , with divers others of this house went up to the lords , and brought answer again , that they had delivered unto their lordships the message of this house which they had in charge , and that their lordships answered they would consider of the request of this house therein , and then make further answer . mr. comptroller declared that he and divers others of the committees appointed to have conference with the lords yesterday in the afternoon at the court , touching the bill before-passed in this house for avoiding of certain incumbrances against purchasers , were there present with their lordships , and that their lordships upon the conference liked well of the intent and meaning of this house in the said bill ; but that their lordships were of opinion that it were meet to have some other words added to the said bill , the better to explain and carry the effect of the intent of the said bill , as ( said he ) those of the said committees towards the law could better declare . whereupon after some further speeches thereof used by mr. serjeant flowerdewe and mr. serjeant fenner , the said serjeants were further advised and required , that as of themselves and not by appointment of the house they should offer some such course of amendment thereof to their lordships as might give good furtherance to the passing of the said bill . three bills of no great moment had each of them one reading ; of which the last being the bill for examination of witnesses in towns corporate was read the first time . m r serjeant anderson and mr. doctor clark did bring word from the lords that their lordships upon the request made unto them by this house , have appointed eighteen of themselves to meet at the court this afternoon in the council chamber immediately after dinner , to have conference with such of this house as it shall please this house to appoint for that purpose to meet there with them touching matters of religion . whereupon all the said former committees of this house were commanded to give their attendance this afternoon at the court for that purpose accordingly . and it is ordered , that m r halls matter be examined by the committees to morrow in the afternoon , for that the same cannot be dealt in this day by reason of the conference to be had with the lords this afternoon at the court touching matters of religion . vide february . being tuesday following . the bill for ratifying an award for certain copyholders in the county of worcester , and the bill for partition of lands between the coheirs of the late lord latimer , are appointed to be considered of by the committees upon friday next at two of the clock in the afternoon in the exchequer chamber . it is ordered that three bills touching cloths which are before committed all to one committee be deferred until to morrow next at two of the clock in the afternoon in the exchequer chamber . further day is given to the committees in the bill against libelling till friday next at two of the clock in the afternoon in the exchequer chamber . upon declaration this day made by mr. speaker unto this house touching the case of m r walter vaughan knight for the county of caermarthen supposed to be out-lawed , that upon examination had by the order and appointment of this house of the actions brought against him in the same suits it appeareth that they were all grown by suretiship for other persons and not for his own debts or causes , and withal that yet nevertheless he had to his own great charge and hindrance very honestly compounded and taken order for all or the most part of them already ; it was then agreed by the whole house that he should stand and continue as in his former estate of the good opinion of this whole house sufficiently purged and discharged of the said suspitions before in question . vide concerning this matter on monday this th day of this instant february foregoing . on thursday the th day of february , the bill against unlawful hunting of conies was read the second time and committed unto m r lieutenant of the tower , sir thomas scott , sir thomas browne , sir william moore , m r crooke , m r tilney , m r newdigate and m r cowper , to consider presently of the bill in the committee chamber of this house . three other bills also of no great moment had each of them one reading ; of which the last being the bill for addition for paving the street without aldgate was read the second time and committed to m r secretary wilson , m r lieutenant of the tower , sir william winter , sir rowland hayward , mr. robert wroth and mr. aldersey , who were appointed to meet on saturday next at two of the clock in the afternoon at the court in mr. secretaries chamber . mr. doctor lewes and mr. doctor gibbon did bring from the lords a bill touching the hospital of ledbury in the county of hereford . two bills of no great moment had each of them one reading ; of which the second being the bill for explanation of the statute against the forging of deeds and evidences , &c. was read the second time and ordered to be ingrossed . mr. treasurer moved that the committees of this house , which were yesterday with the lords , might meet together at two of the clock this afternoon in the exchequer chamber . the bill against counterfeit instruments and counterfeit seals of offices was read the third time ; and after many arguments both against the bill and with the bill was referred to further argument till to morrow next . on friday the th day of february , six bills of no great moment had each of them one reading ; of which the first touching gavelkind land within the city of exeter , and the last being the bill for granting of one subsidy , two fifteenths and tenths , had each of them their first reading . on saturday the th day of february , three bills of no great moment had each of them one reading ; of which the second being the bill for the true making of woollen-cloths , and the bill for the abolishing of certain deceitful stuffs used in dying of cloths were each of them read the second time and committed to the former committees for cloths , who were appointed on saturday the th day of this instant february foregoing . after sundry further arguments upon the bill touching counterfeit seals , it was upon the question ordered that committees be appointed to consider of the bill as it standeth only in the matter of the seals of corporations to be holpen with a proviso . and thereupon also authority was given unto the former committees , and unto mr. thomas sampoole , sir thomas scott , mr. recorder , mr. carleton , mr. norton , mr. s t leiger , mr. lewkenor , mr. cromwell and mr. atkins , who were appointed to meet upon monday next in the morning at seven of the clock in the committee chamber of this house . the bill for explanation of the statute for forging of evidences and writings was read the third time and passed upon the question , after the amendment of certain words likewise three times read . four bills also of no great moment had each of them one reading ; of which the last being the bill against inordinate selling of wooll and yarn , was read the second time and committed unto sir thomas bointon , sir william moore , m r george speak , m r layton , m r keale and others , who were appointed to meet at two of the clock this afternoon at the guild-hall . mr. cromwell one of the committees in the bill for ratification of an award for certain copyholders in the county of worcester ( who were appointed on monday the th day of this instant february foregoing ) brought in the bill with the amendment of one letter in a mans name , viz. dallowe for ballowe , and also with an addition of a general saving . which being twice read , the bill upon the question was ordered to be ingrossed . m r secretary wilson one of the committees for the paving of a street without aldgate ( who were appointed on thursday the th day of this instant february foregoing ) brought in the bill ; which being amended in these words put out , viz. [ the same ] and these words put in , viz. [ the lately paved ] which words being twice read , the bill was upon the question ordered to be ingrossed . the new bill against the erecting of iron mills near the city of london and river of thames was read the first time . mr. serjeant anderson and mr. doctor barkley did bring word from the lords , that their lordships do desire that the committees of this house appointed to meet with their lordships in the bill for religion , do meet with them to morrow at two of the clock in the afternoon in the star-chamber . whereupon the house being moved , it was resolved they should so do , and so it was answered unto the said mr. serjeant anderson and mr. doctor barkley accordingly . mr. serjeant anderson and mr. doctor clark did bring from the lords a bill touching the fortifying of the borders towards scotland . after sundry arguments made to the bill last read , it is upon the doubtfulness in the answer to the question resolved upon the division of the house , that the bill to be drawn by the committees shall contain the number of eighteen miles distant from the city of london by the difference of forty three persons . and upon another question clearly resolved that the same bill so to be drawn shall contain but eight miles from the river of thames . and upon another question it is ordered , that the house be called upon thursday next at two of the clock in the afternoon . nota , that there is no mention made of monday the th day of this instant february or of any passages thereof in the house of commons in the original journal-book of the same house ; and it may thereupon be very probably concluded , that the said house sate not upon the said day , which may seem the more strange also because the lords of the upper house did sit . on tuesday the th day of february , the bill for ratification of an award made between william hide esq and william darrell esquire , was read the second time , and committed unto mr. chancellor of the exchequer , mr. serjeant flowerdewe , mr. cromwell , mr. boyes and mr. norton , and the bill was delivered to mr. norton . two bills also of no great moment had each of them one reading ; of which the second being the bill for explanation of the statute of h. . for limitation of prescription , was read the second time , and committed unto mr. serjeant fenner , mr. serjeant flowerdewe and mr. cromwell , and the bill was delivered to the said mr. cromwell . m r vice-chamberlain for himself and the residue of the committees appointed to examine m r hall , the printer , the scrivener , and all other persons privy to the setting forth and publishing of the book , declared that they had charged the said m r hall with contempt against this house the last session , in that being injoined by this house to appear , he departed out of town in contempt of the court ; and afterwards testified the same his wilful contempt by an unseemly letter addressed by him to this house ; and charged him further with divers articles of great importance selected by the said committees out of the said book ; as first , with publishing the conferences of this house abroad in print , and that in a libel with a counterfeit name of the author , and no name of the printer , and containing matter of infamy of sundry good particular members of the house , and of the whole state of the house in general , and also of the power and authority of this house , affirming that he knew of his own knowledge that this house had de facio judged and proceeded untruly . and was further charged , that he had injuriously impeached the memory of the late speaker deceased , and had impugned the authority of this house in appointing committees without his assent ; and that in defacing the credit of the body and members of this house , he practised to deface the authority of the laws and proceeding in the parliament , and so to impair the ancient orders touching the government of the realm and rights of this house and the form of making laws , whereby the subjects of the realm are governed . and further was charged , that since his being before the lords of the council for his said offence , and after that he had received rebuke of them for the same , and had offered some form of a submission , he had eftsoon again published the said book , and that whereas upon his examination in the house he had denied the having any more than one of the said books , it was yet proved he had twelve or thirteen , and six of them since the time he was called before the said lords of the council . unto all which things as the said m r hall could make no reasonable answer or denial , so the said m r vice-chamberlain very excellently setting forth the natures and qualities of the said offences in their several degrees , moved in the end , that m r hall being without at the door might be called in to answer unto those points before the whole house , and so thereupon to proceed to some end ; and therewithal perswading a due consideration of spending the time , as much as might be , in matters of greatest moment , wherein much less hath been done this session than in any other these many years in like quantity of time . and thereupon after divers other motions and speeches had in the said matter , the printer was brought to the bar , and being examined , avowed , that m r hall after that he had been before the lords of the council , came to him and told him that he had answered the matter for the books before the council , and that therefore the printer might deliver the said books abroad ; and also where the said printer wished unto the said m r hall since his last committing , that all the said books had been burned before he medled with them , m r hall should say to him again , he would not for a hundred pound . and then being sequestred , m r hall was brought to the bar , where after some reverence done by him , though not yet in such humble and lowly wise as the state of one in that place to be charged and accused requireth whereof being admonished by m r speaker , and further by him charged with sundry of the said parts collected out of the said book , he submitted himself to the house , refusing to make any answer or defence at all in the matter , but acknowledging his errour prayed pardon of the whole house with all his heart ; and that done , was sequestred . after which upon sundry motions and arguments had touching the quality and nature of his faults , and of some proportionable forms of punishment for the same , as imprisonment , fine , banishment from the fellowship of this house , and an utter condemnation and retractation of the said book ; it was upon the question resolved by the whole house without any one negative voice , that he should be committed to prison . and upon another question likewise resolved , that he should be committed to the prison of the tower , as the prison proper to this house . and upon another question it was in like manner resolved , that he should remain in the said prison of the tower by the space of six months , and so much longer as until himself should willingly make a retractation of the said book to the satisfaction of this house , or of such order as this house shall take for the same during the continuance of this present parliament . and upon another question it was also in like manner resolved , that a fine should be assessed by this house to the queens majesties use , upon the said m r hall , for his said offence . and upon another question it was also resolved in like manner , that the said fine should be five hundred marks . and upon another question also it was likewise resolved , that the said m r hall should presently be severed and cut off from being a member of this house any more during the continuance of this present parliament , and that m r speaker by authority of this house should direct a warrant from this house to the clerk of the crown-office in the chancery , for awarding of the queens majesties writ to the sheriff of the said county of lincoln , for a new burgess to be returned into this present parliament for the said borough of grantham , in lieu and stead of the said arthur hall , so as before disabled any longer to be a member of this house . and upon another question it was also in like manner resolved , that the said book and slanderous libel should and shall be holden , deemed , taken and adjudged to be utterly false and erroneous , and that the same shall be publickly testified , affirmed and set forth to be false , seditious and erroneous in such sort , order and degree as by this house shall be during this session of parliament further determined in that behalf . which done the said m r hall was brought in again to the bar , unto whom m r speaker in the name of the whole house pronounced the said judgment in form aforesaid , and so the serjeant commanded to take charge of him and convey him to the said prison of the tower , and to deliver him to m r lieutenant of the tower by warrant from this house to be directed and signed by m r speaker for that purpose . which done and the said m r hall being had away by the serjeant , it was agreed ( upon a motion made by m r speaker ) that the whole course and form of the said proceedings and judgment of this house against the said m r hall should be afterwards orderly digested and set down in due form to be first read in this house , and then so entred by the clerk as the residue of the orders and proceedings of this house in other cases are used to be done , and so it was afterwards drawn into form , read unto the house and entred by the clerk accordingly in haec verba , viz. where it was informed unto this house upon saturday being the fourth day of this present february , that arthur hall of grantham in the county of lincoln esq had sithence the last session of this parliament made , set forth in print , and published a book dedicated unto sir henry knivett knight a good member of this house , without his privity , liking or allowance in part , tending greatly to the slander and reproach not only of sir robert bell knight deceased , late speaker of this parliament , and of sundry particular members of this house , but also of the proceedings of this house in the same last session of parliament in a cause that concerned the said arthur hall and one smalley his man. and that there was also contained a long discourse tending to the diminishment of the ancient authority of this house . and that thereupon by order of this house the said arthur hall was sent for by the serjeant of this house to appear upon monday following , which he did accordingly . whereupon being called to the bar and charged by the speaker with the information given against him , he confessed the making and setting forth thereof . whereupon the said arthur hall being sequestred , the house did presently appoint divers committees to take a more particular examination of the said cause , and of all such as had been doers therein . which examination being finished by the said committees , they informed this house that they had charged the said arthur hall with contempt against this house the said last session , in that being enjoined by this house to appear there at a time by this house prefixed , he departed out of the town in contempt of the court , and afterwards testified and inforced the same his wilful contempt by an unseemly letter addressed by him to this house , and charged him also with publishing the conferences of this house abroad out of the house , and that also in print in manner of a libel , with a counterfeit name of the author , and without any name of the printer , in which book or libel was contained matter of reproach and infamy to sundry good members of this house in particular , and of the whole state of the house in general , reproaching and imbasing what in him lay , the power and authority of this house , and untruly reporting the orders of this house , affirming amongst other great teproaches that he knew of his own knowledge that this house had proceeded and judged untruly . and further charged him that he had therein also injuriously impeached the memory of the late speaker deceased , affirming that the orders of this house were not by him truly delivered or set down , but altered and changed . and not herewith satisfied hath in some part thereof contained a false and slanderous discourse against the antiquity and authority of the commons house , or third estate of the parliament , wherein he hath falsly sought as much as in him is to impugne , deface , blemish and diminish the power , antiquity and authority of this house , and the interest that it hath always , and in all age had , to the great impeachment of the ancient order and government of this realm , the rights of this house and the form of making laws ; and that since his being before the lords of the council for his said offence , and after he had received rebuke of them for the same , and had offered some form of submission in that behalf , he had eftsoons again published the said book ; and that upon his examination in this house he had denied the having of any more than one of the said books , yet it was proved that he had twelve or thirteen of them , and six of them since the time he was called before the lords of the council , and that he had by his letters given order to have of those books printed , which was done accordingly with more , and that he had caused one of the same books sithence this session of parliament , to be sent to sir randal brierton knight . unto all which as the said arthur hall could make no denial or sufficient answer , so the said committees setting forth the nature and quality of the said offences in their several degrees , moved in the end that the said arthur hall might be called into the house to answer unto those points before the whole house , and so thereupon to proceed to some speedy end , perswading therewithal a due consideration to be had of spending the time , as much as might be , in such matters of the realm for which this parliament was chiefly called . whereupon after divers other motions and speeches had in the said matter the said printer was brought to the bar , and being examined , avowed , that arthur hall after that he had been before the lords of the council came to him and told him , that he had answered the matter for the said books before the council , and that therefore the said printer might deliver the said books abroad ; affirming also that where the said henry bynnyman the printer sithence this session of parliament , and since his last committing , wished unto the said arthur hall that all the said books had been burned before he medled with them ; that arthur hall should say to him again , he would not so for one hundred pounds . and then he being sequestred , arthur hall was brought to the bar , where some mean reverence was by him done , though not in such humble and lowly wise as the state of one in that place to be charged and accused required . whereof being admonished by the speaker , and further by him charged , as well with the said parts collected out of the said book , as with other his misdemeanors and contempts aforesaid , he in some sort submitted himself to the house , acknowledging in part the matters wherewith he was charged , and in some other parts denied the same ; but not making any defence in the matter , but acknowledging in part his errors , imputing it for the most part to his misprision , and that in other parts the matters were gathered otherwise than he meant , he thereupon prayed pardon of the house , and that done was sequestred . after which upon sundry motions and arguments had touching the quality and nature of his fault , and of some proportionable forms of such punishment for such grievous offences , it was upon the question resolved and ordered by the whole house without any one negative voice , that he should be committed to prison . and upon another question likewise resolved and ordered , that he should be committed to the prison of the tower , as the prison usual for offenders to be committed unto by this house . and upon another question it was in like manner resolved and ordered , that he should remain in the said prison of the tower by the space of six months , and so much longer as until himself should willingly make a particular revocation or retractation under his hand in writing of the said errors and slanders contained in the said book , to the satisfaction of this house , or of such order as this house shall take for the same , during the continuance of this present session of parliament . and upon another question it was also in like manner resolved and ordered , that a fine should be assessed by this house to the queens majesties use upon the said arthur hall for his said offence . and upon another question it was resolved and ordered in like manner , that the same fine should be five hundred marks . and upon another like question it was likewise resolved and ordered , that the said arthur hall should presently be removed , severed and cut off from being any longer a member of this house during the continuance of this present parliament , and that the speaker by authority from this house should direct a warrant from this house to the clerk of the crown-office in the chancery for awarding of the queens majesties writ to the sheriff of the said county of lincoln for a new burgess to be returned into this present parliament for the said borough of grantham , in the lieu and stead of the said arthur hall so as before disabled any longer to be a member of this house . and upon another question it was also in like manner resolved and ordered , that the said book and libel was and should be holden , deemed , taken and adjudged to be for so much as doth concern the errors aforesaid condemned . which done , the said arthur hall was brought in again to the bar , unto whom the speaker in the name of the whole house pronounced the said judgment in form aforesaid , and so the serjeant commanded to take charge of him and convey him to the said prison of the tower , and to deliver him to the lieutenant of the tower by warrant from this house to be directed and signed by the said speaker for that purpose . vide concerning this matter on saturday the th day , monday the th day , and wednesday the th day of this instant february foregoing . on wednesday the th day of february , four bills of no great moment had each of them one reading ; of which the third being the bill for granting of one subsidy , two fifteenths and tenths was read the second time and ordered to be ingrossed . on thursday the th day of february , the bill against the family of love , was read the second time , and committed unto sir thomas scott , sir william moore , sir john brockett , m r beale and others , who were appointed to meet this afternoon at two of the clock in the exchequer chamber . m r vice-chamberlain one of the committees in the bill for counterfeit seals ( who were appointed on thursday the th day of january foregoing ) brought in the old bill amended by the committees , and a new bill drawn by the said committees according to the same amendments , whereupon the same new bill was twice read and ordered to be ingrossed . the bill for punishment of unlawful marriages which was delivered to m r doctor dale and other committees , was this day brought in by m r grimsditch one other of the committees , and a new bill for that purpose made by the consent of the same committees . after sundry speeches used against sir rowland hayward one of the committees in the bill against iron-mills for an error by him done in preferring a new bill for that purpose to the house , not agreed upon by the more part of the residue of the committees , urging some infliction to be laid upon him , or at least his submission with an acknowledgment of his said error therein to the house , it was upon a motion made by m r speaker , and his declaration of the proceeding of the said sir rowland hayward with him in the bringing in of the said latter bill , ordered by the house , that the matter of the said prosecution should be no further dealt in or medled with , as a thing of too small moment for this house to be troubled with or spend time in . three bills also of no great moment had each of them one reading ; of which the last being the bill for ratification of an award for certain copyholders in the county of worcester , was read the third time and passed upon the question . the calling of this house appointed to have been this afternoon is for greater causes deferred till another time . on friday the th day of february , five bills of no great moment had each of them one reading ; of which the fourth being the bill for limitation of formedon in the descender , and the fifth being the bill against the excessive multitude of attornies in the court of common-pleas , was read the second time , and with the former committed unto both masters of the requests , m r lieutenant of the tower , sir thomas sampoole , m r attorney of the dutchy , m r sands , m r carleton , m r layton , m r grimpston , m r vaughan , m r dalton , m r boyes , and m r grimsditch , and both the bills were delivered to m r doctor dale master of the requests , who with the rest was appointed to meet in the new hall in the temple , at two of the clock this afternoon . the bill touching the children of aliens and strangers was once more read with the former amendments , and other amendments now presently inserted three times first read , was passed upon the question , after many arguments first had and made . francis drake esquire was licensed this day by m r speaker to depart for certain his necessary business in the service of her majesty . francis vaughan esquire one of the burgesses for the borough of wilton in the county of wiltshire , was this day licensed by m r speaker to be absent for his necessary business at the assizes . on saturday the th day of february , two bills of no great moment had each of them one reading ; of which the second being the bill for the naturalizing of certain english mens children born beyond the seas , was read the first time . the bill for the repealing of certain branches of certain statutes touching the making of woollen-cloths , and another bill touching the shipping of cloths , were each of them committed upon the first reading unto the former committees for cloths ( who were appointed on saturday the th day of this instant february foregoing . ) the bill for preservation of pheasants and partridges was read the second time , and committed unto m r chancellor of the dutchy , m r knight marshal , sir thomas cecil , sir thomas scott , m r beamond and others , who were appointed to meet at m r chancellors of the dutchy at two of the clock in the afternoon upon monday next . the bill for gavelkind land within the city of chester was read the third time . the four bills last past before this present day were sent up to the lords by m r treasurer and others . the bill against unlawful hunting of conies was read the second time , and after many arguments rejected upon the question of ingrossing . m r chancellor of the exchequer declared that the committees appointed by this house to have conference with the lords touching the bill for religion , have sundry times met together with their lordships about the same bill , and that the same bill is by the said committees in some parts altered , changed and amended , and in some other parts abridged , and some others added unto , and so delivered in the same bill so amended , requiring that the same should now be presently read as for the first reading thereof . whereupon the said bill was read accordingly for the first reading . the committees in m r hydes bill are appointed to meet on monday morning next in the treasury chamber . it is ordered that the house be called upon monday next in the afternoon . on monday the th day of february , five bills of no great moment had each of them one reading ; of which the fourth being the bill for the paving a street without aldgate was read the third time and passed upon the question . the bill for explanation of the statute of limitation made in the th year of h. 〈◊〉 . was brought in by m r cromwell one of the committees with some amendments the bill for ratification of a decree between mr. hyde and mr. darrell was brought in by the committees , and the amendments being twice read , the bill was ordered to be ingrossed . sir thomas scott one of the committees in the bill against the family of love ( who were appointed on thursday the th day of this instant february foregoing ) brought in the old bill with a new bill also for that purpose drawn by the said committees , but ( he protested ) not assented unto only by himself , and that for one only article in the same new bill contained . mr. serjeant flowerdewe , mr. beale , mr. topcliffe , mr. cromwell , mr. newdigate , mr. alford and mr. layton were added to the former committees in the bill touching the attornies , and appointed to meet in the inner-temple hall at two of the clock in the afternoon . the bill for the relief of the creditors of sir thomas gresham knight deceased , was read the second time . the bill against slanderous speeches and rumors , and other seditious practices against the queens majesty , was brought in by the committees , with certain amendments and additions , all three times read and so now the bill was read the third time and passed upon the question , and was sent up to the lords by mr. vice-chamberlain and others , together with the other bill passed this day , viz. the bill for paving of the street without aldgate . mr. treasurer , mr. vice-chamberlain , mr. chancellor of the exchequer , sir william moore , mr. recorder , mr. serjeant flowerdewe , mr. wroth , mr. cromwell and others , were appointed to meet in the exchequer-chamber on tuesday next at two of the clock in the afternoon for the bill touching the creditors of sir thomas gresham , and licence given to all persons and parties whom it may concern , to bring their learned councel as well before the said committees as also before this house , if it shall be so thought requisite . the bill touching coloured cloths made in the counties of suff. and essex was read the second time , and committed to the former committees for cloths , and the bill was delivered to m r grimston . on tuesday the th day of february , six bills of no great moment had each of them one reading ; of which the third being the bill for explanation of the statute of limitation of prescription of h. . with the amendments , was twice read , and with the bill ordered to be ingrossed . the bill for partition of the lands late of the lord latimer deceased , was brought in by the committees , with a proviso for the earl of oxford and sir thomas tindale ; the same proviso being twice read , the bill and proviso were ordered to be ingrossed by assent of both parties . the bill for assize of fewel and touching iron-mills were brought in by m r comptroller , with a new bill for the assize of fewel , another touching glass-houses , and another for the assize of fewel within the city of worcester . the bill last read was upon the question and division of the house passed with the advantage of the number of twelve voices . the three bills last passed were sent up to the lords by m r vice-chamberlain and others . two bills of no great moment had each of them one reading ; of which the first being the new bill for the punishing of the family of love , was read the first time . m r serjeant anderson and m r doctor clark did bring word from the lords , that their lordships having considered of the amendments and additions of this house in a bill touching slanderous speeches and rumors , and other seditious practices against the queens majesty , and minding to understand the meaning and intent of this house in some part of the same amendments and additions , have appointed twelve of themselves to have conference with some of this house to morrow at two of the clock in the afternoon in the council chamber at the court , and did pray that a convenient number of this house might be appointed to meet with them at the said time and place for conference with the lords in that behalf accordingly . whereupon were appointed for that purpose all those of this house which were in the former committee of the same bill before ( whose names see on wednesday the first day of this instant february foregoing . ) on wednesday the th day of february , three bills of no great moment had each of them one reading ; of which the third being the bill for the true making of hats and caps was read the second time , and committed unto m r lieutenant of the tower , sir rowland haywood , m r recorder , m r askwith , m r perry and others , and the bill was delivered to m r lieutenant of the tower , who with the rest was appointed to meet at guild-hall upon friday next at two of the clock in the afternoon . on thursday the th day of february , the bill against sowing of lineseed or hempseed within the county of hertford by force of any penal laws , was read the second time and committed unto sir henry cock , sir henry knivett , sir thomas browne , sir thomas scott , sir james harrington , sir william more and others ; and the bill was delivered to sir william more aforesaid , who with the rest was appointed to meet this afternoon at two of the clock in the temple . two bills also of no great moment had each of them one reading ; of which the second being the bill for the true folding and winding of woolls was read the second time and committed unto sir rowland hayward , sir george turpin , sir james barrington , m r keale , m r benbridge and others ; and the bill was delivered to m r benbridge , who with the rest was appointed to meet this afternoon in the middle-temple church at two of the clock . on friday the th day of february , two bills had each of them one reading ; of which the first being the bill for re-edifying of the borough of new-woodstock , was read the second time and ordered to be ingrossed . the bill touching the mayor , bayliffs and commonalty of the city of coventry was brought in by m r grimsditch with amendments agreed upon by all the parties to the same bill . two bills also had each of them one reading ; of which the second being the bill for the true melting and working of wax , was read the second time , and committed unto m r comptroller , m r edgecombe , m r lieutenant , m r recorder and mr. cromwell , to consider presently in the committee chamber . mr. chancellor of the exchequer brought in the bill for sheriffs with some amendments and additions , and also a new bill touching the return of jurors , which all were read . post meridiem . the house being called and some returned into the places of others deceased since the last session of this present parliament , and yet some of them supposed to be living , some in place of others sick and diseased , and some in place of others imployed in the queens majesties service , it is ordered , that all the said returns of this session be examined , and the orders and precedents of this house in like cases formerly used be also considered by some of this house , and thereupon report to be made to this whole house of the state of the said returns and precedents , to the end further order may be taken therein accordingly . whereupon were appointed for that purpose m r treasurer , m r chancellor of the dutchy , m r treasurer of the chamber , sir thomas shirley , sir edward horsey , sir william moore , sir henry gate , sir john hibbott , m r attorney of the dutchy , m r diggs , m r cromwell and m r poole . william boreman esq one of the burgess for the town of wells was licensed by mr. speaker to be absent for his necessary affairs at the next assizes in the county of somerset . on saturday the th day of february , two bills of no great moment had each of them one reading ; of which the second being the bill for the explanation of the statute of h. . for limitation of prescription , was read the third time and passed upon the question . tuesday next in the afternoon in the exchequer chamber is appointed for the committees to meet together to examine the returns and defaults appearing upon the calling of the house . the bill for the better fortifying of the borders and frontiers towards scotland was read the second time , and after many arguments committed unto all the privy-council being members of this house , m r treasurer of the chamber , m r knight marshal , sir thomas cecil , sir henry lea , sir henry knivett and others , who were appointed to meet upon monday next in the exchequer chamber at two of the clock in the afternoon . on monday the th day of february , four bills of no great moment had each of them one reading ; of which the first being the bill touching the examination of witnesses in towns corporate , was read the second time and ordered to be ingrossed . the two bills which passed yesterday were now sent up to the lords by m r comptroller and others . the bill touching leases of tenants in tail was read the second time and committed unto sir thomas sampoole , m r sandes , m r amerdeth , m r cromwell , m r edward stanhope and m r shirley , who were appointed to meet this afternoon at two of the clock in the exchequer chamber . the bill for the city of carliol was read the second time and committed unto mr. comptroller , mr. knight marshal , sir henry knivett , sir john dawney , sir edward horsey , sir robert stapleton , sir henry gate and others ; who were appointed to meet on wednesday next at two of the clock in the afternoon in the exchequer chamber . mr. serjeant anderson and mr. dr. barkeley did bring from the lords word that their lordships have appointed to meet with the committees of this house at the court in the council chamber at two of the clock in the afternoon touching the bill of disobedient subjects . it is ordered thereupon for this time that the former committees with some others now added and no more , shall attend the lords to morrow in the afternoon according to the message brought from their lordships in the bill for religion . the bill for the punishment of hereticks called the family of love , was read the second time and committed unto mr. comptroller , mr. vice-chamberlain , mr. chancellor of the exchequer , mr. secretary wilson and others , who were appointed to meet upon wednesday next at two of the clock in the afternoon . it was ordered that the house should be called again upon saturday next at two of the clock in the afternoon . on tuesday the th day of february , five bills of no great moment had each of them one reading ; of which the third being the bill touching clothes called tauntons and bridgewaters , was read the third time , and ordered to be ingrossed . mr. doctor barkley and mr. doctor ford did bring from the lords a bill touching the assurance of certain lands to the lord compton . the bill against moor-burning was read the second time . the bill touching examination of witnesses in corporate towns , and these words , viz. [ without commission or warrant from some of her majesties courts or councels ] and these words [ or nisi prius ] are upon the question ordered to be put into the bill , and the word [ heretofore ] already in the bill was upon the division of the house after the doubtfulness of the question , ordered to remain in the bill by the advantage of the number of nine persons , and the bill so amended was passed upon the question . on wednesday the first day of march , three bills had each of them one reading ; of which the third being the bill for granting one subsidy , two fifteenths and tenths was read the third time and passed upon the question . on thursday the second day of march , six bills of no great moment had each of them one reading ; of which the last being the bill for the mayor , bailiffs and commonalty of the city of coventry , was read the third time and passed upon the question . five bills were sent up to the lords by all the privy-council being of this house and others ; of which one was the bill touching limitation of prescription in a formedon in the descender , and another against the false packing of hops . three bills also had each of them one reading ; of which the third being the bill against the corporation of the merchant adventurers being freemen of the city of london was read the second time , and committed unto mr. treasurer , mr. chancellor of the exchequer , mr. comptroller , mr. chancellor of the dutchy , mr. vice-chamberlain , mr. secretary wilson , mr. lieutenant of the tower , the master of the jewel-house , m r dale master of the requests and others , who were appointed to meet in the exchequer chamber to morrow at two of the clock in the afternoon ; and further that the said committees shall have authority to hear such proofs on both parts as shall make request to come before them touching the contents of the said bill . on friday the third day of march , the additions and amendments in the bill touching tinners and spaliers were twice read , and the bill ordered to be ingrossed . two bills also of no great moment had each of them one reading ; of which the first being the bill for the preservation of woods was read the second time . after sundry motions and arguments touching some reformations in matters of religion , contained in the petitions exhibited unto this house the last session of this present parliament , it was at last resolved by the whole house , that mr. vice-chamberlain , both mr. secretaries , and mr. chancellor of the exchequer shall by order of this house , and in the name of this whole house , move the lords of the clergy to continue unto her majesty the prosecution of the purposes of reformation , which they the said mr. vice-chamberlain , mr. secretaries , and mr. chancellor of the exchequer had before of themselves , and not as from this house moved unto their lordships , and also shall further impart unto their lordships the earnest desire of this house for redress of such other griefs contained likewise in the said petitions , as have been touched this day in the said motions and arguments , as to their good wisdoms shall seem meet . and then upon a motion made by m r speaker , it was further agreed , that all the said speeches , motions and arguments should by the whole house be deemed in every man to proceed of good and godly zeal , without any evil intent or meaning at all , and so and for such to be construed and reported accordingly , and not otherwise , or in any other manner . vide march the th . on saturday the th day of march , two bills of no great moment had each of them one reading ; of which the second being the bill for naturalizing of certain english mens children born beyond the seas was read the third time , and passed upon the question . the bill touching wrecks of the seas was read the second time , and the amendments were twice read and ordered to be ingrossed . the bill against disobedience to her majesty in respect of the usurped see of rome , &c. was brought in by m r treasurer one of the committees , and then read the first time , and was also upon the question ordered by this house to be now presently read again , and so was read the second time , and after many speeches was ordered to be ingrossed . m r attorney general and m r doctor lewes did bring from the lords three bills , viz. one for consirmation of a subsidy of the clergy , another for increase of mariners and for the maintenance of the navy , and the third for the inning of erith and plumsted marsh. the bill for leases for tenant in tail was read the third time , and passed upon the question . the bill for re-edifying of cardiffe-bridge , and the bill for leases of tenant in tail were sent up to the lords by m r secretary wilson and others . three bills had each of them their third reading and passed upon the question ; of which the last was the bill touching cloths called tauntons and bridgewaters . post meridiem . the bill for repair of dover-haven was read the second time , and committed unto sir william winter , sir edward horsey , mr. recorder of london , mr. sands , mr. dalton and others ; and the bill was delivered to the said sir edward horsey , who with the rest was appointed to meet upon monday next at seven of the clock in the forenoon in the exchequer chamber . the bill for the hospital of ledbury in the county of hereford was read the second time , and committed unto mr. skidmore , mr. cromwell , mr. philipps , mr. powley and mr. edward stanhope ; and the bill was delivered to mr. cromwell , who with the rest was appointed to meet in the committee chamber of this house upon monday next at seven of the clock in the forenoon . four bills also of no great moment had each of them one reading ; of which the first being the bill for the maintenance of mariners and of navigation , was read the first time . the bill touching iron-mills near the city of london , and the river of thames , was read the second time , and this reading to stand for no reading . quod nota . on monday the th day of march , three bills of no great moment had each of them one reading ; of which the third being the bill to retain the queens subjects in their due obedience , was read the third time and passed upon the question . mr. doctor gibbon and mr. doctor clark did bring from the lords a bill touching a certain rent-charge unto the bishop of coventry and litchfield and his successors , out of the lands of edward fisher esquire . six bills were sent up to the lords from the house of commons by all the privy-council being members of this house ; of which one was the bill for confirmation of the subsidy granted by the clergy , and another to retain the queens majesties subjects in their due obedience , with special recommendation from this house unto their lordships touching the latter of the said bills . the bill for the repairing of dover-haven was twice read , and committed unto the former committees and all the privy-council being members of this house ; m r dale master of the requests , and mr. recorder of london were added unto them , and appointed to meet at the exchequer chamber upon wednesday next at two of the clock in the afternoon . on tuesday the th day of march , the bill against secret conveyances and deceitful sale os lands was read the first time . mr. chancellor of the exchequer declared , that mr. vice-chamberlain , both mr. secretaries and himself , have according to their commission from this house conferred with some of my lords the bishops touching the griefs of this house for some things very requisite to be reformed in the church , as the great number of unlearned and unable ministers , the great abuse of excommunication for every matter of small moment , the commutation of penance , and the great multitude of dispensations and pluralities , and other things very hurtful to the church ; and in the name of this house desired their lordships to join with them in petition to her majesty for reformation of the said abuses : declaring further , that they found some of the said lords the bishops not only ready to confess and grant the said defects and abuses , wishing due redress thereof ; but also very willing to join with the said committees in moving of her majesty in that behalf . whereupon they afterwards joined in humble suit together unto her highness , and received her majesties most gracious answer , that as her highness had the last session of parliament of her own good consideration ( and before any petition or suit thereof made by this house ) committed the charge and consideration thereof unto some of her highness clergy , who had not performed the same according to her highness commandment ; so her majesty would eftsoons commit the same unto such others of them , as with all convenient speed without remissness and slackness should see the same accomplished accordingly , in such sort as the same shall neither be delayed nor undone . for the which as they did all render unto her majesty most humble and dutiful thanks , so did mr. chancellor further declare , that the only cause why no due reformation hath been already had , was only by the negligence and slackness of some others , and not of her majesty nor of this house ; alledging withal that some of the said bishops had yet done something in those matters delivered by her majesty to their charge , as in a more advised care of following and making of ministers , but yet in effect little or nothing to the purpose . and so concluding moved this house to rest satisfied with her majesties said most gracious answer , and to resolve upon some form of yielding thanks unto her highness for her most gracious acceptation of the humble petition of this house unto her highness in that behalf , and also in putting her majesty in remembrance for execution thereof at her highness good pleasure . vide concerning this business on friday the third day of this instant march foregoing . two bills also of no great moment had each of them one reading ; of which the second being the bill for maintenance of the borders and frontiers against scotland , was twice read and ordered to be ingrossed . mr. chancellor of the exchequer after sundry motions and arguments for the manner and form of proceeding in giving most humble thanks unto her majesty for her highness said most gracious acceptation of the most humble petition of this house unto her highness for redress of sundry enormities in the church , and for the further putting of her majesty in remembrance for execution of the same , moved , that not this whole house nor any chosen or selected number of the same , but rather m r speaker in his oration upon the last day of this session do in the name of this whole house then yield unto her highness their most humble and dutiful thanks , with their like remembrance and continuation of their most humble and lowly petition and suit unto her majesty for the speedy execution and accomplishment thereof at her highness good pleasure . vide concerning this business on friday the third day of this instant march foregoing . m r serjeant anderson and m r doctor clark did bring from the lords an act for reformation of errors in fines and common recoveries . it is resolved by the house upon the question , that m r speaker in the name of this whole house do in his oration to her majesty upon the last day of this present session of parliament give unto her highness most humble and dutiful thanks in the name of this whole house for her majesties said most gracious acceptation and consideration of the said humble petition and suit of this house unto her highness , and do also put her majesty in remembrance for the execution and accomplishment thereof at her highness good pleasure in such sort as to m r speaker ( without receiving instruction or direction of any of this house ) shall seem most meet and convenient . vide concerning this matter on friday the third day of this instant march foregoing . on wednesday the th day of march , the bill for inning of erith and plumsted-marsh was read the first time , and committed unto sir thomas scott , sir william moore , sir thomas browne , sir rowland hayward , mr. grimsditch and others ; and the bill was delivered to the said mr. grimsditch , who with the rest was appointed to meet this afternoon in the temple-hall at two of the clock . the bill for the assurance of rent-charge of eighty two pounds ten shillings to the bishop of coventry and litchfield and his successors , was read the first time , and thereupon committed to the last former committees ( quod nota ) and was delivered to sir rowland hayward one of the said committees to meet at the said time and place before-mentioned . three bills also of no great moment had each of them one reading ; of which the second being the bill against erecting of iron-mills near unto the city of london or river of thames , was read the second time and ordered to be ingrossed . the two bills last passed were sent up to the lords by mr. chancellor of the dutchy , mr. chancellor of the exchequer and others . mr. attorney general and mr. serjeant anderson did bring from the lords the bill against slanderous rumors and other seditious practices against the queens majesty , which first passed the upper house , and being brought down into this house was afterwards sent from hence thither again with a certain schedule of amendments , and also with an addition thereunto of this house ingrossed in parchment , but not indorsed with soit baille aux seigneurs , for want whereof their lordships had no warrant to deal therewith any further , and therefore willed that this house would either withdraw the said addition ingrossed and so to pass the bill , or else cause the same to be indorsed , that their lordships might further proceed accordingly . whereupon immediately after the departing of the said mr. attorney and mr. serjeant anderson the said addition was indorsed , and sent up by mr. treasurer and others . the bill for the relief of the creditors of sir thomas gresham k t deceased , was read the first time . mr. lieutenant of the tower , sir thomas scott , mr. cromwell , mr. atkins and mr. norton were appointed to confer together touching the answering and satisfying of the contents of a letter written by m r hill to m r speaker , which was here read in the house by the clerk , and delivered to m r cromwell one of the committees to be considered by him and the residue of the said committees accordingly . vide de ista materia on tuesday the th day of february foregoing , as also on saturday the th day of this instant march following . on thursday the th day of march , two bills of no great moment had each of them one reading ; of which the second being the bill for colouring of strangers goods was read the first time . sir rowland hayward , one of the committees in the bill for confirmation of an assurance of a rent-charge of eighty two pounds ten shillings to the bishop of coventry and litchfield and his successors , and for the bill touching the inning of erith and plumsled marsh ( who were appointed immediately on the day foregoing ) declared that such saving as they think meet to be had in both the said bills , is conceived by the committees already . the bill for confirmation of an assurance of a rent-charge of eighty two pounds ten shillings to the bishop of coventry and litchfield and his successors , was read the second time ; and thereupon m r recorder of london and m r cowper were added to the former committees , and appointed to meet this afternoon at the said temple-hall . the bill for repair of dover haven was twice read and ordered to be ingrossed . m r attorney general and m r doctor gibbon did bring from the lords the bill against slanderous speeches and seditious practices against the queens majesty , declaring that their lordships do require the consent of this house to some things altered and added by their lordships to the said former alterations and additions of this house , and withal that their lordships have already reformed the said bill according to some parts of the alterations sent by this house unto them ; and did also bring a bill from their lordships touching edward lord zouch ; with special recommendation also from their lordship to this house for expediting the bill for the hospital of ledbury , which was before sent from their lordships to this house . two bills lastly had each of them one reading ; of which the second being the bill for relief of the creditors of sir thomas gresham k t deceased was read the second time , and committed unto sir thomas sampoole , m r recorder , m r sands , m r cowper , m r alford and m r norton , who were appointed to meet in the exchequer chamber at two of the clock in the afternoon this present day . on friday the th day of march , five bills of no great moment had each of them one reading ; of which the last being the bill for the repairing of dover haven was read the third time , and passed upon the question . m r doctor lewes and m r doctor barkley did bring from the lords two bills , viz. one for restitution in blood of philip earl of arundel , another for the pardon and restitution in blood of john and dudley s r leger ; with request also to this house to have consideration of the bill of fines and recoveries which came to this house from their lordships . the bill for the repair of dover haven was sent up to the lords by m r treasurer and others . the bill touching the true making , melting and working of wax was read the third time and passed upon the question . the amendments in the bill for the relief of the creditors of sir thomas gresham knight deceased were twice read , and so the bill upon the question was ordered to be ingrossed . the bill for reformation of errors in fines and common recoveries was read the second time , and committed unto sir thomas sampoole , m r recorder of london , m r cromwell , m r cobly and others , who were appointed to meet this afternoon at serjeants-inn hall. on saturday the th day of march , eight bills of no great moment had each of them one reading ; of which the two last , the one being for the inning of erith and plumsted marsh , and the other for reformation of errors in fines and recoveries were each of them read the third time and passed upon the question . the bill touching slanderous words , rumors and other seditious practices against her majesty , which coming first from the lords unto this house , and afterward with some alterations and additions passed this house and so sent up again unto their lordships , and again sithence brought from thence to this house with some other alterations by their lordships made unto the said former additions and alterations of this house , and not disallowing the amendments of this house , was upon the question after sundry motions and arguments resolved by this house to be sent up again unto their lordships and left with them as a bill that this house cannot deal withal . on monday the th day of march , the bill for relief of the creditors of sir thomas gresham knight deceased was read the third time and passed upon the question . five bills were sent up to the lords from the house of commons ; of which one was the bill for reformation of errors in fines and recoveries , and another for the restitution in blood of anthony mayney esquire . three bills of no great moment had each of them one reading ; of which the last being the bill for confirmation of an assurance of a certain yearly rent-charge of eighty two pounds ten shillings to the bishop of coventry and litchfield and his successors was read the third time and passed upon the question . mr. treasurer with others which carried up the last bills to the lords coming into this house again from their lordships , mr. treasurer did declare that after he had delivered the other bill , he then shewed their lordships that this house had sent up to be left with their lordships a bill against slanderous words and rumors and other seditious practices against her majesty , for that the same bill when it was last sent to this house by their lordships was and is such as this house cannot deal with ; and that thereupon the lord chancellor answered that as their said lordships were not to take knowledge of the opinion of this house touching the state of the said bill , so their lordships would not receive the said bill . which report being made by m r treasurer , the bill was thereupon left in this house . vide march the th tuesday following . the bill touching iron-mills near unto the city of london and the river of thames was read the third time , and three provisoes likewise thrice read , and all after many arguments passed upon the question . m r doctor barkley and m r doctor ford did bring from the lords a bill for the exposition of the statute of bankrupts , and also that their lordships do require a conference to be had with ten of their lordships at two of the clock this afternoon at the court in the council chamber touching the bill for maintenance of the borders towards scotland , and thereupon were appointed the former committees in the same matter , who were appointed on saturday the th day of february foregoing . the bill for the lord zouch , and the bill for the lord compton , had each of them one reading , being the second reading . after some motions and speeches offered upon the reading of the said bill for the lord zouch , it was resolved , that as well the lord zouch with his learned councel , as also any person or persons any thing claiming or pretending in the lands mentioned in the said bill , and their councel , should be heard in this house to morrow next . and that sir james dyer lord chief justice of the common-pleas , should likewise there be heard in this house to morrow next , touching the record mentioned in the said bill , and remaining in the said court of common-pleas ; and also that the same record should likewise be then brought into this house , there to be seen and perused for the better satisfaction of this house in their further proceedings in the said bill . and withal that m r speaker should by order of this house , give notice unto the said lord chief justice to be here at the said time , and bring with him the said record accordingly . vide concerning this matter on tuesday the th day , and on friday the th day of this instant march following . on tuesday the th day of march , three bills of no great moment had each of them one reading ; of which the third being the bill against secret conveyances and deceitful sale of lands , was read the second time , and committed unto sir thomas sampoole , m r recorder of london , mr. atkins , mr. lewkenor , mr. cowper and others , who were appointed to meet in the middle temple hall at two of the clock this afternoon . sir james dyer knight , lord chief justice of the common-pleas , having informed this house touching the state of the record mentioned in the bill for the lord zouch ; and the said lord zouch having been here likewise heard at the bar , and the said record having been here seen and perused in this house and read by the clerk , it was resolved that sir thomas sampoole , mr. recorder of london , mr. harrington , mr. cromwell , mr. lewkenor and mr. cowper do consider of the decree heretofore made in the chancery touching the said matter , and of the exemplification of the said record , and meet to morrow morning at seven of the clock in the forenoon in the committee chamber of this house , and afterwards to make report . vide touching this matter on friday the th day of this instant march following . mr. treasurer touching the committee yesterday with the lords for the bill of maintenance of the borders against scotland , declared , that their lordships in the conference yesterday seem'd to marvel much that their lordships having first passed a bill with them for the said purpose , and sending it down to this house , this house would without requiring further conference with their lordships take upon them to make a new bill for the same matter , and not proceed with the said bill thereof which came from their lordships . and their lordships thought this house ought not so to have done , neither could well by warrant of any former precedents of this house . and further that some of the said committees of this house then answered unto their lordships , that this house had cause to do as they did , and might likewise well so do . mr. vice-chamberlain very excellently setting forth the great benefits and blessings of god upon this realm in the godly , most loving and careful government and ministry of her majesty , and withal the great , earnest , most faithful and dutiful zeal and obedience of this house unto her highness , no less in every particular member of the same , than is or can be in any other subject of this realm whosoever , noble or other , as hath and may well appear by them all in their actions . and also taking occasion of the bill lately very gravely , carefully and dutifully considered and dealt in by this house for the due care and preservation of her majesties honour , fame and dignity , but nevertheless dashed by the lords in the upper house , and not in this house nor in the default of this house , moved that this house would yet notwithstanding for many great and weighty respects by him most excellently , amply and effectually , and no less aptly declared , proceed to some such course for due provision to the same end of the safety of her highness honour , fame and dignity , as by some of this house for that purpose to be selected shall seem meet to express and shew the faithful hearts , careful love and dutiful obedience of such thankful subjects unto so gracious , provident and merciful a prince . whereupon were appointed all the privy-council being of this house , m r treasurer of the chamber , m r knight marshal , m r doctor dile master of the requests , sir thomas sanpoole , sir william fitz william , sir william moore , sir thomas shirley , m r recorder of london , m r sands , m r atkins , m r cowper , m r cromwell , m r norton , sir henry gate , sir george turpin , m r wolley , m r beale , m r thomson , m r crooke , m r nicholas s t leger , m r vincent skinner , m r pister , mr. edward lewkenor , mr. diggs , mr. dalton and mr. alford , to meet in the exchequer chamber between one and two of the clock this afternoon , to confer for the drawing of a bill against to morrow morning for the safety and preservation of her majesties honour , fame and person accordingly . vide concerning a bill on wednesday the first day of february foregoing much to this purpose , as also on march the th monday foregoing . the bill for restitution in blood of philip earl of arundel was read the third time and passed upon the question . on wednesday the th day of march , two bills of no great moment had each of them one reading ; of which the first being the bill for maintenance of mariners and of the navigation , was read the second time ; and two provisoes also to the same bill were twice read , and committed unto mr. lieutenant of the tower , sir thomas sampoole , mr. aldersey , mr. grice , mr. lewkenor , mr. norton and others , who were appointed to meet at the temple-hall at two of the clock this afternoon . two bills also had each of them one reading ; of which the bill for the more indifferent tryal by juries was read the third time , and dashed upon the question . six bills were sent up to the lords by sir henry ratclyffe , sir thomas cecill , sir edward horsey , mr. lieutenant of the tower and others ; whereof the fifth was the bill for restitution in blood of john and dudley s t leger , and the last for the more indifferent tryal by juries . mr. treasurer reported , that according to the order and commission of this house to him yesterday and others , he and others of the committees had met together , and drawn a new bill ; and so delivered the bill in the house to be read . the bill against seditious words and rumors uttered against the queens most excellent majesty was twice read , and upon the question ordered to be ingrossed . mr. attorney general and mr. doctor gibbon did bring from the lords the bill for fortifying of the borders against scotland with some amendments ; which bill had passed this house before , and was sent to their lordships from this house . on thursday the th day of march , three bills of no great moment had each of them one reading ; of which the third being the bill for exposition of the statute of bankrupts , was read the third time , and dashed upon the question . sir thomas sampoole , one of the committees in the matter for the lord zouch ( whose names see on monday the th day of this instant march foregoing ) made report of their travel therein , and of the estate of the title of the said lord zouch to the mannor in demand ; and thereupon the said lord zouch was afterward with his councel heard at the bar. vide concerning this matter on tuesday the th day of this instant march foregoing , and also on friday the th day of the same month following . mr. doctor clark and mr. doctor barkley did bring from the lords a bill before-passed this house touching the abolishing of certain deceitful stuffs used in the dying of cloths , and now returned by their lordships with some amendments and provisoes thereunto added . the bill against seditious words and rumors uttered against the queens most excellent majesty , was read the third time , and after sundry motions and arguments and some amendments added were thrice read , and the bill passed upon the question . mr. cope standing up and offering to speak unto the house , said unto mr. speaker and charged him with these speeches , that is to say , that mr. speaker in some such matters as he hath favoured , hath without licence of this house spoken to the bill ; and in some other cases which he did not favour and like of , he would prejudice the speeches of the members of this house with the question . on friday the th day of march , the bill for maintenance of mariners and of the navigation , was read the third time . the bill against seditious words and rumors uttered against the queens most excellent majesty , which passed in this house yesterday , was sent up to the lords by m r treasurer and all the residue of the privy-council being of this house , and then present with others ; and also the bill for the borders , wherein their lordships are to be moved for the perfecting only of the sence in some parts of their amendments , that this house may proceed to their further dealing in the said bill accordingly . m r serjeant anderson and m r doctor gibbon did bring from the lords again the bill for the borders amended according to the request of this house ; with commendation also from her majesty from the lords , of the bill for the maintenance of mariners and of the navigation . whereupon the amendments being finished , and three times read and passed upon the question , the bill was remanded unto their lordships by m r comptroller and others , together with the bill against deceitful stuff used in dying of cloths , wherein their lordships are to be moved for the perfecting of some part of their lordships amendments sent by them to this house , viz. the mistaking of a line in the bill ; to the end that the same being done , this house may proceed in perfecting of the said bill accordingly in the said amendments . m r chancellor of the exchequer , m r henry ratclyffe , sir thomas sampoole , m r aldersey , m r wroth , m r cromwell , mr. norton , mr. alford and mr. grice were appointed to consider presently in the committee chamber of the bill for maintenance of mariners and of the navigation . the bill for the lord zouch was read the third time . m r comptroller returning from the lords brought word from their lordships , that they do add some amendments to the bill against seditious words and rumors uttered against her majesty , and did pray that when their lordships shall now forthwith send down the same bill and amendments to this house , it may then have speedy expedition , and did eftsoons recommend unto this house the bill for maintenance of mariners and of the navigation . mr. doctor lewes and mr. doctor clark did bring word from the lords that their lordships do pray present conference with half a score of this house touching the bill against seditious words and rumors uttered against her majesty . and thereupon were appointed mr. treasurer , mr. comptroller , mr. chancellor of the exchequer , mr. vice-chamberlam , sir thomas sampoole , mr. doctor dale master of the requests , mr. recorder of london , mr. cromwell , mr. cowper and mr. alford , to confer with their lordships accordingly . vide concerning this matter on wednesday the first day of february foregoing . m r doctor lewes did bring from the lords the bill for abolishing certain deceitful stuff used in the dying of cloths , with the reformation in their lordships said amendments , done and made according to the request of this house to their lordships in that behalf . it is ordered upon the question that the bill for the lord zouch be committed to be reformed by m r treasurer , m r chancellor of the exchequer , m r cromwell , m r wentworth , m r snagg , m r diggs , m r s t leger , m r lewkenor , m r carleton and m r ameredith , and appointed to meet in the exchequer chamber this afternoon . vide de ista materia on tuesday the th of this instant march foregoing . mr. treasurer and others coming from conference with the lords , mr. treasurer declared , that their lordships have delivered unto them certain notes in writing to move unto the house touching the bill against seditious words and rumors uttered against her majesty ; which notes in writing were by mr. vice-chamberlain declared , that their lordships would feel the opinion of this house , whether this house could be content to leave in force unrepealed so much of the statute of the first and second of king philip and queen mary , as concerneth such matter as in this said bill is not provided for or met with , as partly touching slanderous words against noblemen and the lords of the clergy ; and further whether this house can like to have the words [ directly or indirectly ] added to the said bill in such parts thereof as do make mention of tending to her majesties death . it was upon the question of these motions to the house in these points resolved , that the repeal of the said statute of the first and second of king philip and queen mary should stand in sort as it is already passed by this house in the said bill , for that her majesty may at any time by her commission renew or receive thereof repealed at her highness pleasure . and also that these words [ or any words directly to that effect ] shall be put in , and inserted in their lordships said notes to be added to the said bill , in that part thereof which maketh mention of any person willing , wishing or desiring her majesties death . vide concerning this matter on wednesday the first day of february foregoing . on saturday the th day of march , the amendments and proviso in the bill against certain deceitful stuff used in the dying of cloths , was read the third time , and passed upon the question . mr. cromwell one of the committees for examination of the returns and defaults noted upon the last calling of the house , made report unto the house of the state of the same examinations . whereupon after sundry motions and arguments it was resolved by the house , that all such persons as have not been duly returned into this present parliament , as in lieu and place of others absent , being either sick or employed in her majesties services or otherwise , and not dead , shall be for this time holden excused of their attendance and of their sitting in this house until this present time ; but shall from henceforth stand and be utterly discharged and disabled of their said rooms and places , in the stead of such other persons not being dead , unless special order shall be therein taken by this house to the contrary . and then perusing the said returns and defaults , and also the former precedents of this house in like cases , it is adjudged and ordered by this house , that edward flowerdewe esq serjeant at law , and who the last former session of this present parliament did stand and appear a burgess of castle-riseing in the county of norff. and was nevertheless returned into this present session of parliament a citizen for the city of norwich , in lieu and place of thomas beamont sick , shall still stand and remain in his place for castle-riseing , and not for the said city of norwich . and for as much also as it is now credibly informed to this house by john aldrich gentleman , one of the citizens returned for the city of norwich , and also by sir roger woodhouse knight , one of the knights for the said county of norff. and also by edward grimstone esquire , one of the burgesses for the town of ipswich in the county of suff. that the said thomas beamont is impotent and incurably sick and diseased , it was ( at the earnest motion of the said john aldrich made to this house for another citizen to be chosen and returned for the said city of norwich in the place and stead of the said thomas beamont ) ordered and resolved by this house , that a warrant be made forthwith by this house to the clerk of the crown-office in the chancery , for the directing of a new writ for the chusing and returning of another citizen of the said city of norwich in the place and stead of the said thomas beamont accordingly . and for as much as hugh graves one of the citizens for the city of york , did the last former session of this present parliament move the house and make request , that by order of this house another citizen might be chosen and returned for the said city of york , in lieu and stead of gregory peacocke his fellow citizen , being then and yet still incurably sick and diseased ; and for that also that robert askewith is already returned and hath attended this present session in the room and place of the said gregory peacocke , it was now ordered and resolved by this house , that the said robert shall stand and remain still as a citizen for the said city of york , in the lieu and place of the said gregory peacocke according to the return thereof made . the bill for the lord zouch was after sundry motions and arguments put to the question and dashed . it was also upon further consideration of the said returns and defaults ordered and resolved , that thomas fleming gentleman being returned into this session and appearing in the place of james dalton one of the burgesses for kingstone upon hull in the county of york , being incurably sick and diseased , shall stand and continue according to the return in that behalf already made . and that john fawcher likewise returned a burgess for the said town of kingston upon hull in the lieu and stead of james clerkson sick ; and samuel cox esquire returned a burgess for the city of rochester in the county of kent , in the room and place of william partridge esquire being sick ; sir william drury knight returned a burgess for castle riseing in the county of norff. in the room and place of edward flowerdewe esq being sick ; richard mollineux esquire returned a burgess for the town of wigan in the county of lancaster , in the room and place of edward fitton esquire , being in the queens majesties service ; fulke grevill esquire returned a burgess for the town of southampton , in the room and place of sir henry wallop knight , being in the queens majesties service , and richard herbert esquire returned a burgess for the town of montgomery in the room and place of rowland pugh esquire , supposed to be dead , but yet known to be in plain life , shall be forthwith amoved from their said places ; and the said james clerkson , edward flowerdew esquire , edward fitton esquire , william partridge esquire , sir henry wallop knight , and rowland pugh esq and every of them , shall stand and continue for their said several rooms and places , notwithstanding any such causes of sickness , the queens majesties service , or supposed allegation of being dead . vide januar , . & januar. . antea . and it is also further agreed upon and resolved by this house , that during the time of sitting of this court , there do not any time any writ go out for the chusing or returning of any knight , citizen , burgess , or baron without the warrant of this house first directed for the same to the clerk of the crown , according to the ancient jurisdiction and authority of this house in that behalf accustomed and used . nota. this resolution of the house is no other than had been formerly taken by them in the beginning of this parliament , upon saturday the th day of january foregoing ; which also was further ratified and confirmed by the opinion and judgment of sir thomas bromley knight at this time lord chancellor of england . m r doctor gibbon and m r doctor clerk did bring word from the lords , that their lordships did desire present conference with ten of this house or more touching the bill lately passed in this house concerning iron-mills . whereupon were appointed m r comptroller , m r treasurer of the chamber , sir thomas shirley , sir william moore , sir thomas sampoole , m r recorder of london , m r norton , m r cowper , m r aldersey , m r gaymes and m r leife . the bill against certain deceitful stuff used in the dying of cloths was sent up to the lords by m r comptroller and the said committees , and the provision passed and assented unto , and amended according to the request of their lordships . the bill for maintenance of mariners and of the navigation ( all the amendments , provisions and additions being three times read ) was passed upon the question . where by a former order of this house arthur hall esquire was committed prisoner to the tower of london , there to remain by the space of six months , and so much longer as until himself should willingly make a general revocation or retractation under his hand in writing of certain errors and slanders contained in a certain book set forth in print and published in part , greatly tending to the slander and reproach of sir robert bell knight deceased , late speaker of this present parliament , and of sundry other particular members of this house , and also of the power , antiquity and authority of this house , to the satisfaction of this house , or of such order as this house should take for the same during the continuance of this present session of parliament , as by the same order made and set down by this house upon tuesday being the th day of february foregoing in this present session of parliament more at large doth and may appear : and where also the said arthur hall hath ever since the said order taken , remained in the said prison of the tower , and yet still doth , and hath not at all made any revocation or retractation of the said slanders , errors and untruths , to the satisfaction of this said house according to the said order ; it is now therefore ordered and resolved by this house , that the further allowance of such revocation or retractation to be hereafter made as aforesaid , shall be referred unto the right honourable sir francis knolles k t , one of her majesties most honourable privy-council and treasurer of her highness most honourable houshold , sir james crofte knight , one other of her majesties most honourable privy-council , and comptroller of her majesties said most honourable houshold , sir christopher hatton knight , one other of her highness said most honourable privy-council and vice chamberlain to her majesty , sir francis walsingham k t , and thomas wilson esquire her highness two principal secretaries , sir walter mildmay knight , one of her majesties most honourable privy-council and chancellor of her highness court of exchequer , and sir ralph sadler knight , one other of her majesties said most honourable privy-council and chancellor of her highness dutchy of lancaster , being all members of this house , or unto any three of them , to be by them or any three of them further declared and reported over unto this house in the next session of parliament to be holden after the end of this said session accordingly . vide concerning this matter on saturday the th day , monday the th day , wednesday the th day , and tuesday the th day of february foregoing . m r serjeant anderson and m r doctor clerk did bring word from the lords , that the lord chancellor commanded them to signifie unto this house , that the queens majesty purposeth ( god willing ) to come to the upper house this present day in the afternoon . and therefore his lordship willeth that this house be then there present to attend upon her highness ; and withal that the bill of the subsidy shall then be delivered to m r speaker to be presented by him in the name of this whole house unto her majesty . m r doctor lewes and m r doctor gibbon did bring from the lords the bill for the subsidy , and withal a report that their lordships do say , that the use is indifferent either to take it there or send it hither ; which being after their departure reported to the house by m r speaker , it was by the house resolved , that the use thereof is not indifferent , but always hath been and is , that it be sent down into this house and not left there . ( quod nota . ) mr. comptroller returning from the lords with the others which were sent up with them to the lords , did bring word , that their lordships are well satisfied with the messages of this house sent up to their lordships by them . mr. serjeant anderson and mr. doctor clerk did bring from the lords the bill against slanderous words and rumors uttered against her majesty , and also the bill touching iron-mills with offer of certain amendments in both the same bills ; which bills were then presently amended according to their lordships request , and sent up unto them by mr. treasurer and others . post meridiem . it is ordered and resolved by this house upon the question , that every knight for the shire that hath been absent this whole session of parliament without excuse allowed by this house , shall have by order and appointment of this house twenty pound for a fine set and assessed upon him to her majesties use for such his default , and for and upon every citizen , burgess and baron for the like default ten pound . and for some mild and favourable course of dealing to be used by way of admonition or warning for the better preventing of greater fines and amerciaments hereafter , it is now ordered , that all such knights for shires , citizens for cities , burgesses for boroughs , and barons for ports , as have been here , and attended at any time this session of parliament , and have departed without licence , shall for his and their such default forfeit and lose the benefit of having or receiving his or their wages due or to be due for his or their attendance in that behalf . and for the better execution of this order the clerk of the crown shall not at any time hereafter deliver out any writ for levying of the wages or allowance of any such knight , citizen , burgess or baron without warrant first had from the clerk of this house for the same . and it is also further ordered by this house , that from henceforth no knight , citizen , burgess or baron being a member of this house , shall upon any occasion depart from his attendance or service in this house without licence from this house or from the speaker for the time being , and the same licence to be entred and set down by the clerk of this house accordingly , upon pain of such fine and amerciament for his such contempt , over and besides the loss of his wages or allowance , as to this house upon examination of the matter shall seem requisite . m r attorney general and m r doctor lewes did bring from the lords the queens majesties most gracious general and free pardon ; which being reported unto the house by m r speaker , the said pardon was once read , and so passed upon the question accordingly . the queens majesty being come into the upper house of parliament , and there sitting in her royal seat , the lords and commons attending upon her highness , m r speaker in his oration to her majesty did very aptly and briefly declare the chief and principal purpose in making of laws to consist of three several parts , to wit , the first for the true and sincere service and glory of god ; secondarily for the surety and preservation of her majesties most royal person ; and thirdly for the good quiet and benefit of the common-wealth of this her highness realm and subjects of the same , ascribing the sincere and plentiful preaching of gods word with the due and right use of prayer and administration of the sacraments and the true exercise and discipline in the churches , to be the ordinary means both of the advancement of gods glory , her majesties safety , and of her subjects prosperity , the dew of the word watering and bringing forth in all good christian consciences the true knowledge and fear of god , faithful love and due obedience unto her majesty , and perfect unity in the general society of this common-wealth . and the exercise of the sword of discipline to cut off , repress and correct all excesses and errors tending to the impeachment of all good effects aforesaid . declaring further unto her highness , that her majesties nobles and commons in this present parliament assembled , had very carefully gravely and dutifully travelled in this present session to devise and ordain good and wholsome laws for those ends and purposes to be established and allowed by her highness ; and also some other good and necessary laws , as well for the whole state of the common-wealth in general , as for the private benefit and necessary relief of sundry her majesties particular good subjects : and so recommending all the same unto her highness , and especially two of them , whereof one doth chiefly and principally tend to the bridling and reforming of her majesties disobedient and obstinate subjects , the utter adversaries of true religion , and the most pernicious and dangerous enemies of her highness most royal person , state and government ; the second for the due maintenance and preservation of her majesties honour , good fame and dignity ; humbly besought her majesty to give life unto all the said laws by her royal assent . and then yielding unto her highness most humble thanks in the name of the whole house for her majesties most gracious good acceptation of their most humble petition unto her highness for reformation of some abuses yet remaining in the church , and most humbly renewing the speedy consideration thereof unto her majesties good remembrance at her good will and pleasure , did further most humbly beseech her highness in the name and behalf of the whole state of the commons of her realm , that her majesty would ( at their most humble suit the rather ) have a vigilant and provident care of the safety of her most royal person against the malicious attempts of some mighty foreign enemies abroad , and the trayterous practices of most unnatural disobedient subjects both abroad and at home , envying the blessed and most happy and quiet government of this realm under her highness , upon the thread of whose life only , next under god , dependeth the life and whole state and stay of every her good and dutiful subjects . and withal , that it might please her highness to have such good care and regard generally for the maintenance of mariners and of the navigation , the very strength and walls of her majesties realms and dominions , as may seem most convenient unto her highness most godly wisdom from time to time . and so declaring that her majesties nobles and commons having had consideration of her highness great charges many ways for defence of her realms and people against foreign enemies , and other rebellious subjects , both already imployed and hereafter to be imployed , have granted unto her highness one subsidy and two fifteenths and tenths , which they besought her highness to accept in good part according to their humble duties ; and gave her majesty most humble thanks for her highness most gracious , general and free pardon . which done , the lord chancellor by her majesties commandment , answering very excellently and briefly the parts of m r speaker his oration , did amongst other things deliver her majesties most hearty thanks unto both houses for their great and good care for the safety of her highness person , and also of her honour , good fame and dignity , not yet comprehending within those general thanks such members of the house of commons as have this session dealt more rashly in some things than was fit for them to do ; and giving them withal like hearty thanks for the said contribution of a subsidy and two fifteenths and tenths , in that it was granted as willingly and frankly , and also as largely and amply , and to be answered as speedily , as any other like ever hath been ; taking the same in as good part as if it had been to her own private use ; where in very deed it is to be imployed to the general service and benefit of the whole realm . and so giving her royal assent to thirty acts ( fifteen publick and fifteen private ) the said lord chancellor did by her highness commandment prorogue this present parliament until the th day of april next coming . nota , that all this days passages with the manner of the conclusion of the parliament are wholly transcribed out of the original journal book of the house of commons , and in that respect are here more largely set down than in the journal of the upper house ; and the rather because there is no conclusion of any parliament so exactly described in any other of the said original journal books of the house of commons during the queens reign . the third and last session finally of this present parliament was upon the foresaid th day of april prorogued again unto the th day of may ; and was at last after seventeen other prorogations dissolved by vertue of her majesties commission under the great seal of england in that behalf directed , upon the th day of april , in the twenty fifth year of her majesties reign . the journal of the house of lords . a. journal of the passages of the house of lords in the parliament holden at westminster , anno reginae eliz. anno domini . which began there on monday the th day of november , and then and there continued until the prorogation thereof on monday the th day of march anno domini . after which it was lastly dissolved on wednesday the th day of september , anno reginae ejusdem , anno domini . this parliament summoned and holden in the twenty seventh year of her majesties reign , lasted a long time in respect of the continual sitting of either house for the space of about three months , at two several meetings , between which there intervened only one adjournment of about forty days space . there were no publick matters of any great consequence debated in it , but many excellent passages for the power , priviledge and order of the upper house may be observed from it . at the first prorogation thereof on monday the th day of march in anno reginae eliz. anno domini . there passed near upon fifty several acts or statutes publick and private ; from which time it continued until the dissolution thereof as abovesaid . the day before the parliament began being sunday , and the th day of november , the original journal-book setteth down amongst others two unusual or extraordinary proxies to have been introducted or returned thereon into the hands of the clark of the upper house ; for any proxy if it be delivered into the hands of the said clark , whether it be before the parliament begin or after , is well returned : and it is most likely that these two with some other ordinary or usual proxies which are here omitted , were delivered as aforesaid this sunday towards the evening , because the parliament was to begin the next morning . which said letters procuratory are entred as aforesaid in manner and form following . o die novembris introductae sunt literae procuratoriae johannis episcopi carliolen ' in quibus procuratorem suum constituit johannem episcopum london . item introductae sunt literae procuratoriae willielmi episcopi cestren ' in quibus procuratorem suum constituit edwinum archiepiscopum eboracen ' . nota. that here two bishops did constitute but one proxy apiece , whereas it seldom happeneth that any spiritual lord nominateth fewer than two . but for any further observation upon the proxies returned this parliament , vide on friday the th day of this instant november following . on monday the th day of november the parliament began according to the summons . which had been sent forth . the queens majesty went to this parliament in her accustomed pompous and royal manner , being attended first unto the cathedral church of westminst . : from her palace of whitehall by the lords and others ; where having heard a sermon , she was afterwards conducted by them in the like royalty into the parliament chamber , commonly called the upper house , whither she came about two of the clock in the afternoon . nota , that the whole manner and form aforesaid of her majesties most royal going to this parliament , is set down at large in m r mills his catalogue of honour , imprinted at london anno domini . pag. . the queen and the lords spiritual and temporal being all set in their several places , the knights , citizens and burgesses of the house of commons had notice thereof ; who thereupon repairing thither , as many as conveniently could , were let in , and standing all together at the rail or bar at the lower end of the upper house , sir thomas bromley knight lord chancellor , by the queen , commandment declared unto them the causes of the assembling of this parliament . but what those causes were , neither the original journal-book of the upper house nor that of the house of commons do at all mention , in setting down the other daily passages of this parliament de anno isto reginae eliz. but in respect they are set down the above-mentioned catalogue of honour , imprinted at london an. domini . pag. 〈◊〉 . and that it is most probable that were there inserted out of the collections or memorial of some member of the house of commons at this parliament , therefore i have thought good to supply it verbatim as it is there set down . the said lord chancellor declared unto them in her majesties name , that this assembly of parliament was for three causes called , viz. for the glory of almighty god and the furthering of religion , for the health and preservation of her royal majesty , and the welfare of the common-weal . which after that he had a loud and most eloquently at large declared , turning his speech unto the knights and burgesses standing on a heap together below , he willed them to make choice of their prolocutor , and to give notice of him so chosen unto the lords of the privy-council , from whom they should expect what the queens pleasure and answer was concerning him so chosen to be afterward presented . the substance of this speech being so shortly set down in the said catalogue of honour , i thought good to transcribe , although it were imprinted , because it doth much augment and perfect this present journal of the upper house . the residue whereof doth next in order follow out of the original journal-book of the same house , there being only added now and then , as the occasion offered it self , some observations and animadversions upon it . nota , also that no names of any of the lords spiritual or temporal are noted to have been present this day , which happened through the negligence of the clerk of the parliament ; but it may be conjectured who they were by the names of such whose presence is noted on thursday next following being the th day of this instant november , on which said day the presence of such lords as attended this parliament is first marked . then follow the names of the receivors and triors of petitions , which is the more remarkable at this time because it is said that the clerk of the parliament did read them by the lord chancellors commandment , whereas it should seem at other times , and which is agreeable also to the course at this day , he doth presently stand up of himself as soon as the lord chancellors or lord keepers speech is ended , and reads the said receivors and triors names ; yet the entrance aforesaid is at this time set down in the said journal-book in manner and form following . tunc ( having before-mentioned the lord chancellors speech ) parliamenti clericus ex mandato cancellarn omnibus petitionibus exhiberi volentibus receptorum & examinatorum nomina formâ subsequenti recitavit . then follows all in french , of which the names were these . receivors of petitions for england , ireland , wales and scotland . sir christopher wray lord chief justice of england , sir gilbert gerrard master of the rolls , sir thomas gawel ; knight one of the justices of the kings-bench , doctor clarke and doctor ford. receivors of petitions for gascoigne and other countries beyond the seas and the isles . sir edmund anderson knight lord chief justice of the common pleas , sir roger manwood lord chief baron , francis windam one of the justices of ..... doctor awbery and doctor barkley . such as will deliver petitions must so do within six days next ensuing . triors of petitions for england , ireland , wales and scotland . the archbishop of canterbury , the earl of leicester lord high steward of england , the earl of darby , the earl of rutland , the bishop of winchester , the bishop of salisbury , the lord howard of effingham chamberlain of the queens house , the lord gray of wilton , the lord north. all these or any four of them calling unto them the lord keeper of the great seal , the lord treasurer and also the queens serjeants , at their leisure to meet and hold their place in the chamberlains chamber . triors of petitions for gascoigne and the countries beyond the seas , and the isles . the archbishop of york , the earl of oxford great chamberlain of england , the earl of warwick , the earl of pembroke , the bishop of norwich , the bishop of chester , the bishop of rochester , the lord cobham , the lord lumley and the lord buckhurst . all these or four of them , calling to them the queens serjeants and the queens attorney and sollicitor , to hold their place when their leisure did serve to meet in the treasurers chamber . breve returnatum ( which was returned this morning ) quo johannes episcopus gloucestren . praesenti parliamento interesse summonitus fuit , qui admissus est ad suum praeheminentiae sedendi in parliamento locum , salvo jure alieno . dominus cancellarius continuavit praesens parliamentum usque in diem crastinum horâ nonâ . on tuesday the th day of november , the lords met in the upper house , but nothing was done , saving the continuance of the parliament by the lord chancellor until nine of the clock the next morning . on wednesday the th day of november there was a like meeting of the lords , but nothing done saving the continuance of the parliament by the lord chancellor unto two of the clock in the afternoon the day following : but no presence of the lords is noted on this day in the original journal-book . on thursday the th day of november , the commons having chosen their speaker , who upon his presentment to the queen was this day to be allowed of in the said place , her majesty accompanied with divers of the nobility came into the upper house about three of the clock in the afternoon , whose name and the names of such lords spiritual and temporal as are marked in the original journal-book of this parliament to have been present this day , do here ensue . regina . archiepiscopus cantuar. dominus thomas bromley miles , cancellarius . archiepiscopus eboracen . dominus barleigh dominus thesaurarius angliae . marchio winton . comites . comes oxon. magnus camerarius . comes arundell . comes kantiae . comes darbiae . comes wigorn. comes rutland . comes cumberland . comes sussex . comes bathon . comes pembrooke . comes hartford . vice-comes mountague . vice-comes bindon . episcopi . episcopus london . episcopus winton . episcopus meneven . episcopus sarisburien . episcopus petriburgen . episcopus norwicen . episcopus roffen . episcopus cestren . barones . dominus howard camerar . dominus zouch . dominus willoughbie . dominus dacres . dominus cobham . dominus grey de wilton . dominus lumley . dominus stourton . dominus mountjoy . dominus darcie . dominus mounteagle . dominus windsor . dominus wentworth . dominus borough . dominus cromwell . dominus evers . dominus wharton . dominus rich. dominus willoughby de parham . dominus darcy de chiche . dominus north. dominus shandois . dominus s t john de bletsoe . dominus buckhurst . dominus de la ware. dominus cheyne . dominus norris . her majesty with the lords being set , the knights , citizens and burgesses of the house of commons repaired to the upper house with john puckering serjeant at law their speaker , and being as many as could conveniently let in , the said speaker was led up between two of the most eminent personages of the house of commons to the rail or bar at the lower end of the upper house ; and being there placed , after humble reverence made , he declared , that the said house of commons amongst many other more able members of the said house had elected and chosen him for their speaker , and that knowing his manifold weaknesses and inability to undergo so great a charge , he did there implore her gracious majesty to free him from the same , and to command them to elect and chuse amongst themselves some other more experienced and better fitted for that imployment . to which the lord chancellor having received instructions from her majesty answered , that the said speaker had shewed a great deal of humility and modesty in disabling himself , but that her highness well knowing his great sufficiency , did very well allow and approve of the choice which the knights , citizens and burgesses of the said house of commons had made of him to be their speaker . whereupon the said speaker after humble reverence made and many expressions of his great thankfulness to her majesty for her gracious approbation of him made certain petitions of course in the name of the house of commons , viz. for freedom of speech and freedom of access to her majesty ; and that themselves and their necessary attendants might be exempted from suits and arrests in such manner and form as hath been accustomed ; and lastly , that if himself should in any thing mistake or misreport the sayings or doings of the said house it might be imputed unto himself , and that her majesty would be graciously pleased to pardon it . to which speech the lord chancellor having further instructions from her majesty replied , that all such liberties and immunities as had been formerly enjoyed in the like case in the times of any of her majesties most royal progenitors , should still be continued unto them . the writ was returned this day whereby henry lord wentworth was summoned to the parliament , who thereupon admissus fuit ad sunm praeheminentiae in parliamento sedendi locum , salvo cuiquam jure suo . then followed the continuance of the parliament which is entred in the original journal-book de anno isto reginae eliz. in these words following . dominus cancellarius continuavit praesens parliamentum usque in diem sabbati prox . horâ consuetâ . on friday the th day of november , although the upper house sate not ( because the parliament had been continued yesterday unto saturday morning at nine of the clock ) yet were divers proxies returned or introducted , whereof the only unusual or extraordinary one was this ensuing , viz. die novembris introductae sunt literae procuratoriae henrici comitis huntingtoniae , in quibus procuratores suos constituit franciscum comitem bedford & robertum comitem leicester . nota , that whereas the temporal lords do very seldom constitute more than one proctor , the earl of huntington here nominateth two , which appeared also , by the other proxies returned this parliament , for of three other earls and eleven barons who were absent this parliament by her majesties licence , not any of them constituted more than one proctor apiece ; whereas on the other side the spiritual lords do for the most part nominate two proctors at the least , for of nine bishops who were likewise absent during this parliament , two of them only nominated each his proctor . ut vide on sunday the th day of this instant november foregoing , and the other seven made every of them two proctors . nota also , that robert dudley earl of leicester had this parliament ten several proxies sent unto him , all entred in the beginning of the original journal-book in such order as they now follow , viz. from edward lord dudley , henry lord scroop , lodowick lord mordant , edward lord stafford , henry lord of abergavenny , edward earl of lincoln , ambrose earl of warwick , henry earl of huntington ( who constituted francis earl of bedford joint proctor with him ) lord audeley , and john lord lumley . by which and many other precedents in all other parliaments it plainly appeareth , that any lord of the upper house was capable of as many proxies as should be sent unto him , until in anno do caroli regis anno domini . it was ordered by the lords then sitting in parliament , that no member of the said house should be capable of above two proxies at the most . on saturday the th day of november , to which day the parliament had been last continued , three bills had each of them one reading ; of which the first being the bill to provide remedy against fraudulent conveyances was read the first time . hodie returnatum est breve quo henricus comes suffex praesenti huic parliamento interesse summonebatur , qui ad suum praeheminentiae in parliamento sedendi locum admissus fuit , salvo jure alieno . nota , that the daily continuing of the parliament in those words , dominus cancellarius continuavit praesens parliamentum , &c. is hereafter omitted as matter of course , unless where somewhat in it doth happen extraordinary or unusual in respect of the time , place or manner . on monday the th day of november , to which day the parliament had been last continued , three bills of no great moment had each of them one reading ; of which the first was the bill for appointing fit and convenient places for landing and shipping of merchandize . on tuesday the first day of december , whereas james diggs , one of the ordinary gentlemen of my lord's grace of canterbury , was committed to the fleet upon a reddit se in the exchequer , since the beginning of this present parliament ; the lords at the motion of the lord archbishop of canterbury , claiming the ancient priviledge of this high court , gave commandment to the gentleman usher , that the said james should be brought before them . and this day the said lords having openly heard both sir roger manwood then lord chief baron of the exchequer , and the same james diggs ; they ordered that the said diggs by vertue of the priviledge of this court , should be enlarged and set at liberty . and it was further ordered , that the warden of the fleet should be discharged of the prisoner and of the action that might be brought against him the said warden of the same . lastly , touching the lord chief baron , the said lords have resolved for such causes and reasons as they have heard , that the said lord chief baron had not committed any contempt against this right honourable court. and further ordered o die decembris , that the appearance of the same james diggs , by rendring himself into the exchequer , was and should be a sufficient discharge of his sureties and their bonds , and that the bonds shall be redelivered . provided nevertheless , that for as much as the said james diggs was not arrested in execution at the suit of richard howe , but was committed after judgment by the barons of the exchequer upon a reddit se , for discharge of his sureties . it is therefore further ordered by the said lords , that touching the sum of money recovered by the said howe against the said james diggs , the said howe and james diggs shall stand to such order as the lord chief baron and other of the barons of the exchequer shall set down for the same . vide more afterwards concerning this matter upon monday the th , and on tuesday the th day of this instant december following . on thursday the third day of december , to which day the parliament had been on tuesday last continued , the bill for fit and convenient places for landing and shipping of merchandize was read secunda vice , and then committed to the lord treasurer and others , and to the two senior barons of the exchequer . nota , that here two judges who are but assistants unto the upper house , are made joint committees with the lords . on friday the th day of december , two bills were sent up to the lords from the house of commons ; of which the first being an act for the maintenance of navigation was read prima vice , and the second touching the clothiers of essex was read prima & secunda vice , and then committed . on saturday the th day of december , three bills of no great moment had each of them one reading ; of which the second being the bill for the inning of erith and plumsted marsh , was read secunda vice , and committed unto three earls , one bishop and five barons : which committees did appoint to hear amongst themselves as well the parties owners , as inners touching the same bill . the bill also concerning the essex clothiers which had been sent up yesterday to the lords from the house of commons , was this day upon the third reading and conclusion thereof sent back again thither . on monday the th day of december , to which day the parliament had been last continued , two bills had each of them one reading ; the first for maintenance of navigation , and the second for increase of mariners . two bills also were sent up to the lords from the house of commons ; the one touching the essex clothiers , the other for the better and more reverent observing of the sabbath day . nota , that this bill concerning the sabbath day was long in passing the two houses , being committed , and amendments upon amendments added unto it , as vide afterwards on tuesday the th day , on monday the th day , and on saturday the th day of this instant december ensuing ; as also on wednesday the third day , and on saturday the th day of march following . vide etiam on wednesday the th day of this instant december foregoing . whereas the lord viscount bindon moved the lords for the priviledge of the house for robert finnies , alledging that he was his servant , the lords gave commandment to the gentleman-usher to go to the counter in woodstreet , where the said robert finnies then lay upon an execution , and to bring him and the parties that arrested him before them . and this day the said lords after the hearing of the cause thought it not convenient that the said robert finnies should enjoy the priviledge of this house , as well because he claimed not the priviledge when he was first arrested , nor in the counter when he was charged with the execution ; as also for that he was not a menial servant , nor yet ordinary attendant upon the said viscount . and further ordered , that the officers of the sheriffs of london should take again in execution the said finnies and convey him to the place from whence he came , and that the bringing of the said finnies before the said lords at their commandment should not be in any wise prejudicial to the sheriffs or their officers . on tuesday the th day of december , the bill for the better and more reverent observing of the sabbath day was read prima vice . vide concerning this bill on monday the th day of this instant december foregoing . on wednesday the th day of december , five bills had each of them one reading ; of which the first being the bill for the increase of mariners was read the second time , and thereupon committed . and the second of the said bills being for the better and more reverent observing of the sabbath day was read the second time and committed to the archbishop of canterbury , the lord treasurer , the lord steward , the earl of kent , the earl of darby , the earl of sussex , the earl of bedford , viscount mountague , the bishop of london , the bishop of winchester , the bishop of salisbury , the bishop of chester , the lord chamberlain , the lord zouch , the lord willoughby , the lord grey , the lord north , the lord norris , the lord chief baron , and justice windham . nota , that here two judges being here meer assistants of the upper house were made joint committees with the lords ; whereas of later times they are always commanded to attend the lords committees , of which also there was another precedent this morning . the bill to provide remedy against fraudulent means used to defeat wardships , liveries and primier seisin was read secunda vice , and committed to the lord treasurer ( being master of the wards ) to two earls , viscount mountague , two bishops , five barons , the two chief justices , and the queens attorney . the continuance or adjournment of the parliament this day is not at all entred in the original journal-book , which seemeth to have happened through the clerks negligence . on thursday the th day of december , three bills of no great moment had each of them their first reading ; of which the first was concerning sir thomas lucy knight , and others . on saturday the th day of december , to which day the parliament had been on thursday last continued , five bills of no great moment had each of them one reading ; of which the last being the bill to provide remedy against fraudulent conveyances and another concerning certain assurances of sir thomas lucy and others , were after the third reading sent down unto the house of commons . a bill lastly being for the assurance of certain lands unto george chewne esquire , and others in fee-simple , was sent up to the lords from the house of commons . on monday the th day of december , to which day the parliament had been on saturday last continued , the bill for the better and more reverent observing of the sabbath day , with certain amendments , was read tertiâ vice , and with another bill of no great moment was sent down to the house of commons by two doctors . nota , that though this bill were upon wednesday last past , being the th day of this instant december , referred to committees ; yet no mention is made in the original journal-book , when it was again returned or brought into the house by the said committees , by whom it is most probable that these amendments were added unto it , and for the passing of which the said bill was at this time sent down to the house of commons , having formerly passed that house , and been sent up from thence to the lords ( before the aforesaid new amendments had been added by them ) on monday last past being the th day of this instant december . the bill touching the lord dacres and the lord norris was read prima vice . memorand . that upon the petition of the lord norris , the lords ordered that he and the lord dacres with their council should be heard upon saturday next to answer the said bills . memorand . that touching the former order entred primo die decembris concerning james diggs , for that there wanted words for the discharge of the bond and sureties of the said james diggs ; this day the lords ordered that the appearance of the said james diggs by rendring himself in the exchequer , was and should be a sufficient discharge of his sureties and their bonds , and that the bonds should be redelivered , and that this order should be added to the former order . memorand . that where the said james diggs exhibited to the court a bill of complaint in form of supplication against sir roger manwood knight lord chief baron , the lords having heard the parties and the witnesses of m r diggs , and deliberately considered the contents thereof , with one consent agreed and adjudged , that the said complaint was untrue and unjustifiable against the lord chief baron : and further ordered , that the said james diggs by humble submission and open recognition should confess and acknowledge his fault . and that the earl of rutland , the bishop of winchester , the lord lumley , the lord north , and the lord s t john of bletsoe , the master of the rolls and m r serjeant gawdy should peruse and consider the said recognition , whether it were made in due form , and that then it should be entred on record . vide touching this matter on tuesday the first day of this instant december foregoing . on tuesday the th day of december four bills of no great moment had each of them one reading ; of which the first being the bill for confirmation of her majesties letters patents granted to queens-colleàge in oxford was read secundâ vice , & commissa ad ingrossandum . this day james diggs gent. did according to their lordships order made yesterday , humbly submit himself in manner and form following , as it stands entred upon record in the original journal-book of this parliament . the humble submission of james diggs unto the high court of parliament , as well for his contempt unto the said court , as unto sir roger manwood lord chief baron , by his untrue and unadvised speeches in his bill of complaint . whereas i james diggs did of late exhibite a bill of complaint unto your honourable lordships in this high court of parliament , against the said lord chief baron , wherein amongst other things is contained as followeth , that is to say , that the said lord chief baron doth still continue an obstinate intention to frustrate your lordships honourable order , taken for the discharging of the great bonds of the said james diggs his sureties , boldly saying , that the same your lordships honourable order should be undone or brought about again , as by the said bill of complaint doth appear . and whereas also it pleased your most honourable lordships upon the humble petition of me the said james diggs to call before your honourable lordships that witness which i the said james diggs did avow for the proof of the allegations before rehearsed in the said bill of complaint against the said lord chief baron , which witness being heard and examined at large touching the said allegations , with the circumstances of the same openly before your honourable lordships in this high court of parliament , it hath plainly and evidently appeared that there was no such obstinate intention in the said lord chief baron , nor that he did utter the said words or speeches above-mentioned . whereupon it hath pleased your honourable lordships to order that i the said james diggs should before your lordships openly in this honourable court of parliament recognize my fault for this my untrue and unadvised complaint against him . wherefore i the said james diggs being now heartily sorry for my said untrue and unadvised complaint in the speeches aforesaid exhibited against the lord chief baron , do openly before your lordships in this most high court of parliament consess and acknowledge my said offence in my said unadvised and untrue complaint made against the said lord chief baron . and do here before your lordships heartily pray and desire the said lord chief baron to remit and forget my said offence in my untrue and unadvised complaint made against him ; and withal do most humbly beseech all your lordships to pardon my contempt and offence committed to this most high court in exhibiting unto your lordships of the said unadvised and untrue complaint . vide the former proceedings of this case of james diggs gentleman on tuesday the first day , and on monday the th day of this instant december foregoing . nota also , that there is no continuance or adjournment of the parliament by the lord chancellor in usual form entred in the original journal-book , which seemeth to have happened through the negligence of the clerk of the parment ; but it is easie to be conjectured the lord chancellor continued the parliament unto nine of the clock in the forenoon of wednesday next following . on wednesday the th day of december two bills of no great moment had each of them one reading ; of which the second being the bill against scandalous libelling was read secundâ vice , and committed to the archbishop of canterbury , the archbishop of york , the lord treasurer and others , the master of the rolls , the two chief justices , the queens serjeant and attorney . nota , that here not only the judges which are but assistants to the lords , but also the queens council , which are but meer attendants upon the upper house , are made joynt committees with the lords . on thursday the th day of december the bill for restitution in blood of thomas howard , son of thomas howard , late dake of norfolk , was read primâ vice . and the same bill was again read secundà & tertiâ vice , and by all the lords concluded and sent to the house of commons by two doctors being masters of the chancery . nota , the speedy passing of this bill by vouchsasing of it three readings at one time each after other , did express the special desire of the lords to pass this bill with as much honour as lay in them to do . eight other bills of no great moment had each of them one reading ; of which the second being the bill for the paving of newark upon trent in com. nott. was read tertiâ vice & conclusa and sent to the house of commons . on saturday the th day of december , to which day the parliament had been on thursday last continued , four bills were brought up to the lords from the house of commons ; of which the last was the bill for the restitution in blood of the lord thomas howard , which it seemeth the house of commons passed with great expedition , having given it one reading yesterday morning , when they sent it again up to the lords , as appeareth by the original journal-book of the house of commons de anno isto o reginae eliz. pag. , & . the bill also for the paving of lewes in the county of suffex was read primâ vice . lectae sunt the reasons and allegations of the lord norris , why the bill exhibited by the lord and lady dacres should not be enacted . memorandum . this day the lords , as they had ordered before , having heard both the council of the lord dacres and lord norris and samson leonard esquire , upon offer and agreement of the parties to commit the cause to the hearing of four of the lords and two of the judges , the lords thought it most convenient that they should be named by the parties themselves . the lord dacres and samson leonard named william lord burleigh lord treasurer , robert earl of leicester lord steward , and sir roger manwood knight lord chief baron . the lord norris named the earl of kent , the earl of bedsord and sir gilbert gerrard knight master of the rolls . and further ordered , that the lords and judges should end the matter between the said parties before the next session of parliament if they could ; and if they could not , then to make report thereof to the whole house . and further ordered , that all the parties should have letters directed to such witnesses to appear before the said lords as they thought convenient ; and that the said lords should have authority to examine all parties upon their oaths , if occasion so required . memorandum , that whereas the lords received a bill from the house of commons , viz. for the better and more reverent observing of the sabbath day , the said lords having passed the same with some amendments , sent down the said bill to the house of commons , who sent up the same with other amendments of theirs ; which because the lords thought it not to stand with the order of the house to pass the same bill again with their new amendments , they returned the said bill to them again , and signisied the same unto them by m r serjeant gawdy , &c. on monday the th day of december , consedentibus proceribus dominus cancellarius exposirit regiam majestatem satis perpendere fcstum solemne nativitatis is domini in proximo esse , nec posse ante idem hoc parliamentum terminari , nec in longum tempus prorogari ; propter quas & alias causas & considerationes idem cancellarius jussu suae majestatis lectis literis patentibus magno sigillo suo sigillat . hoc parliamentum in quartum diem februarii prox sequentem adjournavit , adhortatusque est omnes & singulos ut tunc adsint , facturi quod decuerit . earúmque autem tenor sequitur in haec verba . elizabetha dei gratiâ angliae , franciae & hiberniae regina fidei defensor , &c. reverendissimo in christo patri johanni cantuar ' archiepiscopo , totius angliae primati & metropolitano , & praedilecto & fideli consiliario suo thomae bromley militi domino cancellario angliae , ac etiam reverendissimo in christi patri edwino eboracen ' archiepiscopo angliae primati & metropolitano , necnon praedilecto & fideli consiliario suo willielmo domino burleigh domino thesaurario angliae , ac charissimo consanguineo edwardo comiti oxon ' magno camerario angliae , ac etiam charissimis consanguineis & consiliariis suis edwardo comiti lincoln ' magno admirallo suo angliae , georgio comiti salop ' comiti mareschallo angliae , roberto comiti leicester magno seneschallo hospitii sui , necnon charissimis consanguineis suis philippo comiti arundel , henrico comiti kantiae , henrico comiti darbiae , willielmo comiti wigorn ' , elwardo comiti rutland , georgio comiti cumberland , henrico comiti sussex , ac charissimis consanguineis & consiliariis suis ambrosio comiti warwici magistro ordinationum suarum , francisco comiti bedford , ac etiam charissimis consanguineis suis henrico comiti pembroke , edwardo comiti hartford , anthonio vicecomiti mountague , necnon reverendis in christo patribus johanni episcopo london , thomae episcopo winton ' , ac praedilectis & fidelibus suis carolo domino howard domino camerario hospitii sui , edwardo domino zouch , peregrino domino willoughby , edwardo domino morley , willielmo domino cobham domino gardiano quinque portuuni , ac etiam praedilecto & fideli suo henrico domino de hunsdon domino gardiano marchiarum orientalium versus scotiam , salutem . cùm nuper pro quibuselam arduis & urgentibus negotiis nos , statum & defensionem regni nostri angliae & ecclesiae anglicanae concernentibus , praesens hoc parliamentum nostrum apud civitatem nostram westmonasterii vicesimo vertio die novembris ultimo praeterito inchoari & teneri ordinaverimus , à quo die idem parliamentum nostrum tunc & ibidem tentum & continuatum fuerat usque in instantem vicesimum primum diem decembris : sciatis tamen quia negotia parliamenti nostri in eodem communicata ante festum natalis domini nunc prox ' instantis terminari non possunt , & propter alias causas & considerationes nos specialiter move ntes , praedictum parliamentum nostrum & omnes causas & materias inceptas & non adhuc terminatas adjornand ' duximus . de fidelitate igitur , prudentiâ & circumspectione vestris plurimùm confidentes , de avisamento & assensu concilii nostri assignavinius vos commissionarios nostros , dantes vobis & aliquibus sex vel pluribus vestrum tenore praesentium plenam potestatem & authoritatem hoc instante die lunae ad praesens parliamentum nostrum , ac omnia negotia & materias supradict ' adhuc ut praesertur non terminata , nomine nostro ad & in quartum diem februarii jam prox ' futurum usque praedictam civitatem nostram westmonasterii adjornand ' & continuand ' ibidem tunc tenend ' & prosequend ' . et ideo vobis mandamus , quòd circa praemissae diligenter intendatis , ac ea in forma praedicta effectualiter expleatis . damus autem universis & singulis archiepiscopis , marchionibus , comitibus , vicecomitibus , episcopis , baronibus , militibus , civibus & burgensibus , ac omnibus aliis quorum interest ad dictum parliamentum nostrum conventuris , tenore praesentium firmiter in mandatis , quod vobis in praemissis faciend ' , agend ' & exequend ' pareant , obediant & intendant , prout decet . in cujus rei testimonium has literas nostras sicri fecimus patentes . teste meipsa apud westmonasterium vicesimo primo die decembris , anno regni nostri vicesimo septimo . nota , that by these letters patents the parliament was adjourned forty four days , viz. from monday the th day of december unto thursday the th day of february ensuing . from which , as also from many other like precedents , it appeareth , that it is and always hath been the power of the prince not only to summon , dissolve and prorogue , but also to adjourn his parliament at his pleasure ; yet this must be done either by himself in person or by matter of record ; yet it is also in the power of either house when they shall think it expedient to adjourn it self . the meeting of the two houses at the end of this foresaid adjournment was in such manner as it useth to be at the end of a prorogation without all solemnity and pomp ; yet with this difference : at the end of every prorogation a new session beginneth , though the same parliament continueth ; but at the end of an adjournment there beginneth neither new session nor new parliament , but ( be the adjournment for one day or for many ) the business is so entred upon at the next meeting as it was left , and as it stood at the time of the adjournment . yet because the adjournment was for so many days , i have caused all the names of the lords who were present this thursday following , being the th day of february , to be transcribed out of the original journal-book ; which course , though it be usually observed in all these journals at the beginning only of a new parliament , or at least of a new session , yet it is in one respect somewhat necessary at the beginning of this new meeting after the adjournment , because the presence of the lords on this said ensuing thursday , though it appears not that any new proxies were returned , ( which is usual after a long adjournment as well as after a prorogation ) differeth much from that former number of the lords noted to have been present on tuesday the th day of november foregoing , as may appear by this which followeth . on thursday the th day of february , to which day the parliament had been on monday the th day of december last past by her majesties commission under the great seal adjourned , the lords and commons repaired each of them without all manner of pomp or solemnity to their several houses , and there fell upon such ordinary business as had been left unperfected at their last adjournment . the names of the lords who were this day present in the upper house being as followeth out of the original journal-book . archiepiscopus cantuar. archiepiscopus eboracen . thomas bromley miles dominus cancellarius . dominus burleigh dominus thesaurarius . marchio winton . comites . comes oxon. magnus camerarius . comes leicester magnus seneschallus . comes kantiae . comes sussex . vice-comes mountague . episcopi . episcopus winton . episcopus sarisburien . episcopus oxon. episcopus meneven . barones . dominus zouch . dominus willoughbie . dominus dacres . dominus cobham . dominus stourton . dominus mountjoy . dominus wentworth . dominus borough . dominus cromwell . dominus evers . dominus rich. dominus darcy de chiche . dominus north. dominus hunsdon . dominus de la ware. dominus compton . dominus norris . this day also three bills of no great moment had each of them one reading ; of which the first being the bill for confirmation of her majesties letters patents granted to the queens colledge in oxford was read tertia vice & conclusa , and sent to the house of commons by two serjeants at law. and the last being the bill for the savoy was read secunda vice & commissa archiepiscopis cantuar . & eboracen . dominis thesaurario & seneschallo , comitibus kantiae & bedford , episcopis london & winton . dominis north & hunsdon , baroni shute & servienti gawdy . on saturday the th day of february to which day the parliament had been on thursday last continued , returnatum fuit breve quo episcopus wigorn. praesenti parliamento summonebatur , qui admissus est ad suum praeheminentiae in parliamento sedendi locum , salvo jure alieno . the bill also against jesuits , seminary priests and other such like disobedient persons was read prima vice , & commissa archrepiscopo cantuar. domino thesaurario , domino senesebatio comiti kantiae , comiti bedford , episcopo london , episcopo winton . episcopo sarisburien . domino camerario , domino cobham , domino north , domino hunsdon , domino primario justiciario & baroni shute . on monday the th day of february , the bill for the paving of lewes was read secunda vice & commissa . on tuesday the th day of february , returnatum suit breve quo thomas dominus darcy de chiche praesenti parliamento summonebatur , qui admissus est ad suum praeheminentiae in parliamento sedendi locum , salvo jure alieno . three bills were brought up to the lords from the house of commons ; of which the second was the bill that parsonages impropriate may be disposed to godly and charitable uses . the matter which had been debated on tuesday the th day of march in the last parliament ( de anno reginae eliz. anno domini . ) between m r oughtred and the lord marquess of winchester concerning certain accompts , was again this tuesday morning brought into the upper house before the lords , who for the more speedy ending of the same committed it with the consent of the parties unto the lord treasurer , the lord steward , the earl of arundel , the earl of hartford viscount mountague , the bishop of winchester , the bishop of salisbury , the lord cobham , the lord grey , the lord lumley , and the lord north. and it is ordered that the said lords should hear and end the matter between the parties if they could , or otherwise to make report thereof to the whole house : and appointed the lord chief justice of england , justice windham and serjeant gawdy , to attend the lords . vide plus concerning this matter on thursday the th day of march ensuing . nota , that here the judges and the queens council are not nominated as joint committees with the lords , but only appointed to attend upon them , which is very rare in any parliaments of the queens time until in anno & reginae ejusdem . on wednesday the th day of february four bills of no great moment had each of them one reading ; of which the second being the bill that parsonages impropriate may be disposed to godly and charitable uses , was read prima vice . on thursday the th day of february , two bills of no great moment had each of them one reading ; of which the first being the bill for the better foundation and relief of the hospital of eastbridge in the city of canterbury , was read prima vice . five bills also were brought up to the lords from the house of commons ; of which the first was the bill for paving newark upon trent in the county of nottingham . dominus cancellarius continuavit praesens parliamentum usque in diem lunae prox . horâ consuetâ . on monday the th day of february , to which day the parliament had been last continued on thursday foregoing , four bills of no great moment had each of them their first reading ; of which the first was a bill for returning of justices , jurors , and for expedition of trials . the lords ordered that edward fisher and katherine his wife should personally appear before them on wednesday next the th day of this instant february , for the better satisfying of their lordships of their consent to the passing of a bill entituled an act for the assurance of certain lands unto george chewne , giles flood , christopher puckering , and their heirs . vide concerning this matter on wednesday the th day of this instant february ensuing . the lords also ordered that the master of the rolls , the lord chief baron , justice gawdy and baron shute should have the hearing of the matter of the writ of error between akrode , &c. and m r whawley . on tuesday the th day of february , four bills of no great moment had each of them one reading ; of which the first being the bill for the continuance of a former statute intituled , an act to redress disorders in common informers upon penal laws , made in the eighteenth year of the queens majesties reign , was read tertiâ vice & communi omnium procerum assensu conclusa . six bills of no great moment had each of them one reading ; and had been brought to the lords from the house of commons ; of which the first was the bill against class-houses and making of glass by aliens born . on wednesday the th day of february , five bills of no great moment had each of them one reading ; of which the last save one being the bill concerning the lord dacres and the lord norris was read tertia vice & conclusa , and sent to the house of commons by serjeant rodes and the queens attorney . then the lord chancellor continued the parliament unto two of the clock in the afternoon . at which time as the lords had ordered , m r edward fisher with his councel , viz. m r serjeant walmesley and m r cowper appeared before them . the lords having heard the consent of the said edward fisher to the passing of the bill intituled , au act for the assurance of certain lands unto george chewne , &c. and their heirs , committed again the said edward fisher to the custody of the warden of the fleet ; and further ordered that the bringing of the said edward fisher before their lordships at their commandment , should not in any wise be prejudicial to the said warden . the said edward fisher and his councel made two petitions to the lords ; the one that the preamble of the act alledging the cause of the making of the same act to be for doubtfulness of his ill dealing , because he was judged in the star-chamber to have made two false and forged writings to the prejudice of the said bargains , might be amended , and that the same might be taken out of the act , and not to remain in perpetual memory of his shame for ever . the second that serjeant puckering , to whose behalf the said lands were sold , having him and his lands in execution upon a statute of eight thousand pound for not performance of the covenants of the same , yet also enjoying the lands sold would release him the said execution , and take a new statute in that behalf ; to which the said serjeant puckering whom the cause chiefly concerned , being present by the appointment of the lords , answered as to the first request , that if to alter or take out of the said act the said preamble being parcell of the bill and matter passed from the house of commons to this honourable house in that form should be no hurt or prejudice to the bill so passed from the lower house to the lords , he was well content therewith , and therein submitted himself to their honourable lordships . and as to the second request he answered , that whensoever the said edward fisher shall have cleared and discharged the said lands and tenements by him bargained and sold as aforesaid , of and from all statutes staple and recognizances , charges and incumbrances liable or chargeable upon the same , then he having a new like recognizance in nature of a statute staple made unto him by the said edward fisher of the sum of eight thousand pound for performance of covenants mentioned in the said indenture of bargain and sale from thenceforth to be performed , unto which recognizance all the lands and tenements of the said edward fisher which shall not be sold for the payment of his debts , shall be liable and chargeable , and that there were no former statutes and recognizances knowledged by the said edward fisher to the prejudice of the same , he was contented then after that done to discharge the said new execution , having and takeing a new recognizance in form aforesaid . vide concerning this matter on monday the th day of this instant february foregoing . on thursday the th day of february , nine bills of no great moment had each of them one reading ; of which the two first were upon the third reading concluded and sent down to the house of commons by serjeant rolls and d r carey , the one being the bill to explain the statute concerning tellors and receivors , &c. made an. reginae eliz. and the other being for the better relief of the hospital of eastbridge within the city of canterbury . nota , that the original journal-book of the house of commons sets down a third bill assented unto and concluded at this time . the last of the said bills touching divers assurances made by the bishop , and dean and chapter of exeter was read secunda vice & commissa archiepiscopo eboracen . comiti sussex , episcopo exon. domino stourton & domino buckhurst . on saturday the th day of february , to which day the parliament had been on thursday last continued , a proviso added by the house of commons to the bill concerning certain assurances of sir thomas lucy and others , was read and concluded . the bill also to make a fine levied by peter heam and johan his wife , and tredolias leza and his wife during the minority of the said johan and anne , to be void against the said anne , was read secundâ vice . the lords appointed monday next in the afternoon for the hearing of the cause , and have given order that the parties shall have warning to be then there with their councel by two of the clock in the afternoon . five other bills also of no great moment had each of them one reading ; of which the fourth being the bill for the well-ordering and governing of the savoy , was read the third time and sent to the house of commons . on monday the th day of february , to which day the parliament had been last continued on saturday foregoing , five bills of no great moment had each of them one reading ; of which the first being the bill for preservation of grain and game , with another bill against moor-burning in the counties of northumberland , cumberland , westmerland and durham ( with an amendment added unto it by the lords ) were upon the third reading sent down to the house of commons by serjeant rolls and doctor ford. three bills also had each of them one reading , being brought from the house of commons ; of which the first was for redress of erroneous judgments in the court called the kings-bench . then the lord chancellor continued the parliament unto two of the clock in the afternoon , at which time the lords assembling themselves , two bills of no great moment had each of them one reading ; of which the first being against glass-houses and making of glass by aliens born , was read the first time . this afternoon also the lords having heard the councel of both parties touching the bill intituled an act to make a fine levied by peter heam and johan his wife , and tredolias leza and anne his wife , during the minority of the said johan and anne , to be void against the said anne , for a more speedy end of the said cause , with the consent of the said parties , committed the matter to the hearing of certain of the lords which should be named by the parties themselves . the plaintiff anne did chuse the lord treasurer , the earl of arundell , the bishop of salisbury , and the lord north ; and m r vinion the defendant chose the lord steward , the earl of bedford , the bishop of exeter and the lord buckhurst . and further ordered , that the said lords should end the matter between the parties if they could ; and if they could not , then to certifie the state of the matter as they found it to the whole house . and the lord chief justice and the lord chief baron , were appointed to attend the lords . on tuesday the th day of february , six bill s of no great moment had each of them one reading ; of which the first being the bill for the furtherance of justice was read prima vice . two bills also were sent up to the lords from the house of commons ; of which the first was concerning the jointure of the countess of huntington . on wednesday the th day of february , three bills of no great moment had each of them one reading ; of which the first being the bill for the better assurance of her majesties letters patents granted for the better foundation of the hospital called sherborn-house , was read prima vice & commissa archiepiscopo eboracen . episcopo london . domino darcy , domino evers , the lord chief baron and justice gawdy . on thursday the th day of february , three bills of no great moment had each of them one reading ; of which the first being the bill for confirmation of her majesties letters patents to the masters , fellows and scholars of clare-hall in cambridge was read secunda vice ; but no mention is made whether it was ordered to be ingrossed , or referred to committees . on saturday the th day of february , to which day the parliament had been on thursday last continued , the bill for following of hue and cry was read secunda vice , and committed to one earl , three lords , the lord chief baron and one judge . where still nota the judges are joint committees with the lords . one bill also touching plymouth-haven , was sent up to the lords from the house of commons . and three other bills of no great moment , the first concerning rochester-bridge was read secunda vice . on monday the first day of march , to which day the parliament had been on saturday last continued , four bills of no great moment had each of them one reading ; of which the first being the bill for returning of sufficient jurors for the better expediting of trials was read tertia vice and concluded . the master of the rolls and m r serjeant rodes were appointed committees to hear the matter between m r vinion and m r tredolias leza and his wife , and commission given to the said committees to end the matter between the parties if they could ; and if they could not , then the parties with their councel to be before the lords at this house upon thursday next . two bills lastly had each of them one reading ; of which the first being the bill against jesuits , seminary priests , &c. was read secunda vice , with certain amendments , and a proviso added by the lords . on wednesday the third day of march , to which day the parliament had been last continued on monday foregoing , four bills of no great moment had each of them one reading ; of which the first being the bill against jesuits , seminary priests , &c. with the amendments and provisoes added by the lords , was read tertia vice & conclusa , and sent to the house of commons by serjcant rodes and the queens attorney . two bills also were sent up to the lords from the house of commons ; of which the last was the bill for the repairing and maintenance of the sea-banks and sea-works on the sea-coast in the county of norf. committees were appointed to hear the matter between the lord willoughby and m r heronden , who were chosen by the parties themselves , viz. the earl of kent and the lord zouch for the lord willoughby , and viscount mountague and the lord cobham for m r heronden . and the lords further ordered that the said lords committees should end the matter between the said parties if they could . committees lastly were this day chosen to examine the record touching passing amendments of amendments moved by the house of commons , viz. the lord treasurer , the earl of suff. viscount mountague , the bishop of winchester , the lord hunsdon , the lord buckhurst , the master of the rolls and m r attorney , about the bill for the better and more reverent observing of the sabbath day ; to which the house of commons had added amendments upon amendments . the precedents they named were the bills for treasons and bringing in of bulls , acts passed in anno o of the queen . nota , that this bill concerning the sabbath , as hath been before observed , was long in passing the two houses . and much debated betwixt them , being committed , and amendments upon amendments added unto it , which as appeareth in this place was the cause of some disputation between the lords and the said commons . of the other several passages of this bill vide on monday the th day , tuesday the th day , wednesday the th day , monday the th day , and on saturday the th day of december foregoing ; as also on thursday the th day , saturday the th day , and on saturday the th day of this instant march following . nota also , that the master of the rolls and the queens attorney being no members of the upper house are here made joint-committees with the lords . on thursday the th day of march , three bills of no great moment had each of them one reading ; of which the first being the bill for the assurance of certain lands in the counties of norsolk , suff. lincoln and warwick unto the lord willoughby of willoughby and erisby against the heirs and assigns of m r heronden was read tertia vice & conclusa , and sent to the house of commons by serjeant gawdy and serjeant rolls . memorandum , that this day before the passing of my lord willoughbies act , edward heronden came before the lords and gave his assent thereunto . vide concerning this matter on wednesday the third day of this instant march foregoing . saturday next was appointed by the house for the appearance of m r oughtred and the earl of sussex , and viscount mountague , appointed to talk with the lady marchioness about the assurance of her jointure by a parliament . nota , that this matter was formerly debated on tuesday the th day of march in the last parliament de anno reginae eliz. and before also in this present parliament on tuesday the th day of february last past , when committees were appointed about it . vide also on monday the th day of this instant march following . m r vinions matter ( of which vide antca on monday the first day of this instant march foregoing ) was again referred to the master of the rolls and m r serjeant rodes . the bill lastly for redress of erroneous judgment in the kings-bench was read tertia vice & communi omnium procerum assensu conclusa . sir christopher wray knight , lord chief justice of england brought in also a certain record touching a writ of error according to a bill preferred to her majesty and signed with her highness hand , concerning the same . which see at large on monday the th day of this instant march following . for though it was this day brought into the upper-house , yet it is likely it was not there publickly read until the said monday , and therefore it is entred at large on that day in the original journal-book upon which it was read , and not upon this day when it was brought into the house by the lord chief justice as aforesaid . on friday the th day of march , seven bills of no great moment had each of them one reading ; of which the second being the bill for following of hue and cry was read tertia vice & communi omnium procerum assensu conclusa . on saturday the th day of march , four bills were brought up to the lords from the house of commons ; of which the last was the bill for the better and more reverent observing of the sabbath ; to which the lords having formerly added some amendments , had sent it back to the house of commons ( where it first passed on monday the th day of december foregoing . ) and upon this instant saturday the said commons sent it back again to the lords with new amendments upon their amendments ; which said new amendments of the commons their lordships did this morning pass without further disputation , having read them prima , secunda & tertia vice . vide concerning this bill of the sabbath on monday the th day , tuesday the th day , wednesday the th day , monday the th day , and saturday the th day of december foregoing : as also on wednesday the third day of this instant march last past , and on saturday the th day of the same month ensuing . in all which days it will appear fully how hardly and difficultly it passed either house . and yet at last when it was agreed on by both the said houses , it was dashed by her majesty at the last day of this parliament , upon that prejudicated and ill followed principle ( as may be conjectured ) that she would suffer nothing to be altered in matter of religion or ecclesiastical government . vide itidem on thursday the th day of this instant march following . memorandum , that whereas ferdinando clark one of the ordinary gentlemen of the right honourable robert earl of leicester lord steward , was committed to the prison commonly called the kings-bench , upon a reddit se in the kings-bench , for the discharge of his sureties , since the beginning of this present parliament , the lords at the motion of the lord north , in the name of the lord steward claiming the ancient priviledge of this high court , after the hearing of the cause between the said ferdinando and one john lacy citizen of london , ordered , that the said ferdinando by vertue of the priviledge of this high court should be enlarged and set at liberty . and further for as much as the said ferdinando was not arrested in execution at the suit of the said john lacy , but was committed after judgment by the lord chief justice and the rest of the justices of the kings-bench upon a reddit se for discharge of his sureties and their bonds , the said lords ordered , that touching the sum of money recovered by the said john lacy against the said ferdinando clark , should stand to such order and mitigation therein as the said lord chief justice of the kings-bench shall set down and order for the same . and further ordered , that the appearance of the said ferdinando clark by rendring himself into the said court of kings-bench , was and should be a sufficient discharge of his sureties and their bonds , and that the bonds should be redelivered . and it was further ordered , that ..... catesby , marshal of the kings-bench , should be discharged of the prisoner and of any action that might be brought against the said marshal for the same . on monday the th day of march , to which day the parliament had been last continued on saturday foregoing , the record touching a writ of error ( which the lord chief justice had brought into the upper house on thursday the th day of this instant march foregoing ) was entred in the original journal-book , and as it should seem read publickly in the house , being in manner and form following . memorandum quod christopherus wray miles capitalis justiciarius de banco regis secum adduxit in cameram parliamenti inter dominos breve de errore & billam per reginam indorsat ' & rotul ' in quibus supponebatur error , & ibidem reliquit transcriptum totius recordi cum clerico parliamenti simul cum praedicto breve de errore in parliamento . et super hoc venerunt richardus harbert , johannes awbery , willielmus filian & simon browne in propriis personis suis in parliamento , & statim dixerunt quod in recordo & processu praedictis , ac etiam in redditione judicii praedicti manifestè est erratum in hoc , quod posiquam judicium praedictum in loqkela hac versus praefatum thomam gonnel redditum fait , & antequam praedictus joh. hunt hunc prosecutus suit & impetravit praedictum primum breve de seire facias versus praefatum richardum harbert , johannem awbery , willielmum filian & simonem browne manucaptores praedicti thomae gonnell , nullum breve de cap. ad satisfaciendum pro debito & damnis praedictis per praefatum johannem hunt in placito praedicto prosecutum & returnatum suit versus praefatum thomam gonnell , ubi per consuetudinem curiae dictae dominae reginae coram ipsa regina ac tempore cujus contrarii memoria hominum non existit , in eadem usitat & approbat breve de cap. ad satisfaciendum versus cundem tho. gonnell pro debito & damnis praedictis in placito praedicto prosequi & returnari deberet , antequam aligned breve de seire facias versus manucaptores praedictos in loquela illa impetrari seu prosequi deberet , licet consuetudo & sorma captionis recognitionum in curia praedict a usae suerunt in sorma praedicta , viz. si contigerit cundem thomam gonnel in placito praedicto convinci , tunc iidem manucaptores concesserunt & quilibet corum per se concessit tam debitum praedictum quàm omnia hujusmodi damna nune & custag ' quae praesato johanni hunt in ea parte adjudicentur , de terris & catallis suis & cerum 〈◊〉 it sieri , & ad opus praedicti johannis hunt 〈◊〉 , si consigerit praedictum thomam gonnell debitum & damna illa praefato johanni hunt minimè 〈◊〉 , aut si pri onae marescal ' dominae reginae coram ipsa regina ea occasione non reddere , &c. et peturt iidem richardus harbert , johannes awbery , willielmus filian & simon browne , quod judicium praedictum & processus super 〈◊〉 praedicta de seire 〈◊〉 prosecut in curia dict' dominae reginae coram ipsa regina revocetur , adnulletur & penitus pro nullis habeatur . et super hoc domini per 〈◊〉 justiciariorum post longam & maturam deliverationem uno consensu adjudicaverunt ..... quod judicium praedictum & processus super brevia praedicta de scire sac ' prosecut ' in curia dictae dominae reginae coram ipsa regina revocetur , adnulletur & penitus pro nullis habcatur . on wednesday the th day of march , to which day the parliament had been on monday last continued , eight bills of no great moment had each of them one reading ; of which the first being the bill for confirmation of letters patents , made unto the dean and chapter of norwich , was read prima vice . six bills also were brought up to the lords from the house of commons ; of which the first being the bill for provision to be made for the surety of the queens majesties most royal person and the continuance of the realm in peace , was read prima vice . on thursday the th day of march , six bills had each of them one reading ; of which the first being the last recited bill for surety of the queens royal person , &c. was read secunda vice . and the second being the bill for the good government of the city and borough of westminster in the county of middlesex was read tertia vice , with a schedule and certain amendments , quae communi omnium procerum assensu conclusa & dat' doctori barkeley & servienti rolls in domum communem deferend . then the lord chancellor continued the parliament unto two of the clock in the afternoon . about which hour the lords spiritual and temporal meeting six bills of no great moment had each of them one reading ; of which the second being the bill concerning the lady marchioness of winchesters jointure , was read secunda vice & commissa to the master of the rolls , and the lord chief justice of the common-pleas . for as much as in the matter depending now in parliament by writ of error brought by john akerode , thomas stanfeild and divers others , against richard whalley defendant , for reversing of certain errors supposed by the said plaintiff to be in the said defendants grandfathers form of pleading , and other things in his recovery of the mannor of eringden in the county of york ; it hath appeared to this honourable court by the certificate of the lords chief justices , the master of the rolls and others , being by this honourable court appointed committees to hear and examine the matter privately before them , that the writ of error and the scire facias are insufficient in law for divers causes opened to this court. therefore it is ordered by the lords that the same writ of error shall abate , and the plaintiffs to pursue their further remedy as they shall thing good . on saturday the th day of march , to which day the parliament had been on thursday last continued , the bill for provision to be made for the surety of the queens majesties most royal person , and the continuance of the realm in peace was read tertia vice , quae communi omnium procerum assensu conclusa , with one amendment in the . line , that is after this word [ left ] put out [ so as ] and in place thereof put in [ foreseeing that . ] this amendment was made after the third reading , and before the bill was put to the question , and was delivered to doctor barkeley and serjeant rodes to be carried to the lower house , with the bill for the better observing of the sabbath day ; with request , for that there are whole sentences inserted into the said bill for the sabbath day , and the bill would remain a very soul record , it might be fair written again . vide concerning this bill of the sabbath on wednesday the third day , and on saturday the th day of this instant march foregoing . two other bills lastly of no great moment had each of them one reading ; of which the second being the bill for oxford-haven was read tertia vice & expedita . four bills lastly were brought up to the lords from the house of commons ; of which the first was the bill of one entire subsidy and two fifteenths granted by the temporalty . on monday the th day of march , to which day the parliament had been on saturday last continued , prima , secunda & tertia vice lecta est schedula of the amendments of the bill against jesuits sent from the house of commons , quae communi omnium procerum assensu conclusa est , with an addition to the said schedule added by them of the house of commons , & data doctori barkeley & servienti rolles in domum communem deferend . six several bills also of no great moment had each of them one reading ; of which the first being the bill for consirmation of the subsidy of six shillings in the pound granted by the clergy , was read prima vice & commissa ad ingrossandum . three bills lastly were sent up to the lords from the house of commons , of which the first was the bill for the renewing , continuance , explanation and perfecting of divers statutes . then the lord chancellor continued the parliament unto two of the clock in the afternoon , about which time the lords spiritual and temporal assembling , four bills of no great moment had each of them one reading ; of which the first being the bill for the payment and satisfaction of the debt of william last lord marquess of winchester deceased , due to the queens majesty , was read prima vice . on tuesday the th day of march , seven bills of no great moment had each of them one reading ; of which the first being the bill for the incorporation of christs hospital was read tertia vice & communi omnium procerum assensu conclusa , & data doctori barkeley & servienti rodes in domum communem deferend . and the second being the bill to give her majesty authority to alter and new make a kalendar according to the kalendar now used in other countries , was read prima vice . four bills also of no great moment were brought up to the lords from the house of commons ; of which the first was the bill whereby marriage was declared lawful at all times of the year . two other bills were lastly read each of them secunda vice ; of which the last being the bill for the grant of one entire subsidy and two fifteenths granted by the temporalty was read secunda vice . about two of the clock in the afternoon , to which hour the lord chancellor had in the forenoon continued the parliament , the lords spiritual and temporal meeting , nine bills of no great moment had each of them one reading ; of which the first being the bill for the haven of plymouth , was read secunda vice . the amendments lastly in the bill concerning the hospital of east-bridge , were read prima , secunda & tertia vice , & conclusae dissentientibus vicecomite mountague & comite hertford . on wednesday the th day of march , four bills of no great moment had each of them one reading ; of which the first being the bill of one entire subsidy and two fifteenths granted by the temporalty , was read tertia vice & communi omnium procerum assensu conclusa . the fourth also being an act for the assurance of certain lands unto the lord hunsdon , was read secunda vice & commissa ad ingrossandum . after which robert elrington and alice his wife , mentioned in the said bill touching the lord hunsdons assurance , came into the house , and gave their consent to the passing of the said bill . the bill against the making of starch was brought up to the lords from the house of commons , and had its first reading . after which lastly three bills of no great moment had each of them one reading ; of which the first being the bill for bringing in of staple fish and herrings into the realm , was read secunda vice . on thursday the th day of march six bills of no great moment had each of them one reading ; of which the first being the bill for the assurance of certain lands to the lord hunsdon , and the second being the bill touching the breadth of white woollen clothes made within the counties of wilts , glocester and oxon ' with the amendments , were each of them read tertia vice & conclusae & datae servienti rodes . it should seem that these bills were delivered to him to carry down to the house of commons , although so much be not expressed . there were also brought up to the lords from the house of commons four bills of no great moment ; of which the first being the bill that parsonages impropriate may be disposed to godly and charitable uses , and the third for the better and more reverent observing of the sabbath day , were each of them read the first time . vide concerning this bill of the sabbath on saturday the th day of this instant march foregoing . but what the intent or scope of this bill was , ( her majesty refusing to pass it upon the last day of this parliament ) cannot be certainly set down , it being not now remaining in the bundle of the acts de anno isto reginae eliz. in the clerk of the upper house his office : in which said bundle i searched for it on thursday the th day of october in the year . about two of the clock in the afternoon , to which hour the lord chancellor had in the forenoon continued the parliament , proceres tam spirituales quàm temporales , quorum nomina subscribuntur , praesentes fuerunt , and so is the entrance of every sitting in the afternoon upon such continuance , ut supra , viz. the same form which is used in entring the sitting of the house in the forenoon , which for brevity is in this collection elsewhere omitted . two bills had this afternoon each of them one reading ; of which the first being the bill against covenous and sraudulent conveyances with certain amendments was read tertia vice . on friday the th day of march five bills of no great moment had each of them one reading of which the first being the bill against covenous and fraudulent conveyances with the amendments was read tertia vice , & communi omnium procerum assensu conclusa & data servienti rodes & doctori barkeley in domum communem deferend . nota , that this bill is said to have been read tertia vice in the afternoon of the day past which was thursday , and therefore it could not be now read again : but to reconcile this difference , it should seem the bill it self had then its third reading , and the amendments but the second ; and this day the said amendments passed upon the third reading : but the bill it self which had passed yesterday , was no more read , which by the negligence of mr. mason , at this time clerk of the parliament , was suffered to be set down thus confusedly in the original journal-book , and so to stand . on saturday the th day of march the bill for the explanation of the statute made anno of the queens majesty , entituled an act to make the lauds , tenements , goods and chattels of receivors , &c. liable to pay their debts , was read prima , secunda & tertia vice , & communi omnium procerum assensu conclusa . three other bills of no great moment had each of them one reading . there were also brought up to the lords from the house of commons nine bills ; of which the first was an act for the good government of the city and borough of westminster , and the second being for the subsidy of the clergy was returned and expedited . the lord bishop of exeter shewed unto the lord chancellor sir francis walsingham's letter dated at the court this th day of march . importing her majesties licence for the said bishop to depart home to his charge . nota , that it appeareth not by the original journal-book , whether the bishop of exeter aforesaid , absenting himself for this time from the parliament by her majesties licence , did constitute any proctor or no , and it should seem that he did not , because his departure from it was but for some few weeks during the last sitting thereof , and that also in open parliament , and as it were with the allowance also of the rest of the lords . on monday the th day of march , to which day the parliament had been on saturday last continued , six bills of no great moment had each of them one reading ; of which the first being the bill for reformation of errors in fines and recoveries in the twelve shires of wales with a proviso added by the lords from the earl of kent , was read tertia vice & communi omnium procerum assensu conclusa & data doctori barkeley & servienti rodes in domum communem deferend ' . the bill to make a fine levied by peter heame and johan his wife and john tredolias alias leha and anne his wife , during the minority of the said johan and anne , to be void against the said anne , was put to the question , and was rejected by the most voices ; for the preamble of the bill was scandalous , and no proof made thereof . nota , that this bill preferred by anne the wife of the above-named tredolias , to reverse a fine levied by her during her non-age , by authority of parliament , ( because it seemeth , being at this time of full age she could not otherwise do it by ordinary course of law ) was very deliberately and advisedly proceeded in by the lords , who having given it the first reading upon thursday the th day of december , and the second reading upon saturday the th day of february foregoing , did before any further proceeding in it , on monday next following , being the two and twentieth day of the said february foregoing , refer the same to certain lords being chosen committees therein by the said anne on the one part who was the plaintiff , and m r 〈◊〉 on the other who was the defendant , and to whose use it seemeth the said fine had been levied , after which the said lords committees having not ended the said difference , it was again committed on monday the first day of march foregoing , to the master of the rolls and m r serjeant rodes to hear it , and to make some conclusion thereof , which being not effected , it was again on thursday following , being the th day of this instant march , referred to the said m r of the rolls and the serjeant aforesaid ; who still endeavouring without any effect to make any accord between the said parties , it was now at last upon the foresaid monday the th day of this instant march put to the question in the upper house , and there the said bill preferred by the said anne to be relieved in parliament contrary to her own fine , was rejected : where it may be seen how tender their lordships were to relieve any party contrary to the course of the common law. for the case appeareth singly to be this : baron and feme levy a fine , the wife being under age , then the husband dies , ( as john tredolias leza or leha did here ) the wife being of full age , and she sues in parliament to be relieved ; for at common law if an infant levy a fine and then die , or becomes of full age before it be reversed , the fine stands good as if it had been levied by one of full age , as was delivered in the common-pleas per totam curiam in the lady caesars case , then wife of sir julius caesar knight master of the rolls , which is entred in termino trinitatis anno jacobi regis rotulo . on tuesday the th day of march , three bills of no great moment had each of them one reading ; of which the first being the bill concerning the water-bailiff was read secunda vice , but not mentioned to be either referred to committees or ordered to be ingrossed . four bills also were brought up to the lords from the house of commons ; of which the first being the bill for the explanation of a statute made anno . of the queens majesties reign , intituled an act to reform sundry disorders touching ministers of the church , was read prima vice . on wednesday the th day of march , the bill against rogues , idle and vagrant persons , was read secunda vice ; but no mention is made that it was either referred to committees or ordered to be ingrossed : and the reason hereof may be , that this bill having passed the house of commons , and being sent up to the house of lords fairly ingrossed in parchment , can be no more ingrossed , neither do the lords ordinarily refer such bills to committees unless there be very great cause , in respect that each house holding correspondency with other , they do not willingly submit that to the agitation of a private committee which hath been allowed and approved by the wisdom of a whole house . there may also be two other reasons ( besides the clerks negligence who may sometimes omit it ) why a bill upon the second reading is so left without any mention made of the committing or ingrossing ; as where the referring of it to committees is deferred till some other day , as it fell out in the parliament de anno reginae eliz. when the bill touching the commission of sewers being read secunda vice on friday the th day of april , was referred to committees on the day following , being saturday the th day of the same month. the third and last reason finally why a bill may be mentioned to be read secunda vice without any further order taken in it as aforesaid , may be assigned in some extraordinary cases ; as where bills of grace , viz. for the restitution in blood of any ; and such like are sent to the house from her majesty fairly ingrossed in parchment and signed with her hand , which for the most part do pass the house without any stop or question . but it is to be noted , that in later times the committing of a bill upon the second reading is always when it is so read , and is never deferred until another day . three bills also of no great moment were brought up to the lords from the house of commons ; of which the first was an act for the incorporation of the hospital of christ in the town of sherbourn . nota , that no continuance of the parliament is entred this day in the original journal-book , which seemeth to have happened through the negligence of the clerk of the parliament . on friday the th day of march , to which day it seemeth the parliament had been on wednesday last continued , introductum suit breve quo richardus petriburgen . episcopus praesenti parliamento summonebatur interesse , qui admissus est ad suum praeheminentiae in parliamento sedendi locum , salvo cuiquam jure suo . the amendments for the bill touching the incorporation of christs hospital in the town of sherbourn , were read tertia vice , & communi omnium procerum assensu conclusae . two bills also of no great moment had each of them one reading ; of which the first was the bill for the reviving , continuance and explanation and perfecting of divers statutes . six bills lastly were brought up to the lords from the house of commons ; of which the first being for the naturalizing of certain englishmens children born beyond the seas , was read prima , secunda & tertia vice & expedita . and the second being the bill for the safe keeping of the armour of obstinate recusants was read prima , secunda & tertia vice , and sent down to the house of commons by serjeant rodes and m r powle . nota , that the original journal-book of the house of commons de anno isto reginae eliz. maketh mention of some amendments added to this bill by the lords before it was thus immediately returned ( a thing very observable and extraordinary ) within a short time after the lords themselves had received it . it appeareth also in the said journal-book that one bill more concerning the good government of the city of westminster was sent up with certain amendments to the lords from the house of commons ; and that two other bills , whereof this very bill concerning the city of westminster was one , and the bill for the keeping of the county-court at morpeth , and the town of anwicke in the county of northumberland was the other , had been this day sent down to the house of commons from the lords by serjeant rodes and m r powle , who thereupon did presently read them prima , secunda & tertia vice , as the lords it should seem led by their example did the two bills above-mentioned this same morning afterwards , and with some small alteration sent them up to the lords . all which matter is by the negligence of m r mason at this time clerk of the upper house , omitted in the said original journal-book of that house , and supplied out of the original journal-book of the house of commons , pag. , & . collected by m r fulk onslow at this time clerk of the said house . on saturday the th day of march , the bill for the maintenance of the pier and cobb of lime-regis in the county of dorsett , was read tertia vice & conclusa . the petition also of the lord marquess of winchester against m r oughtred concerning certain accompts by him to be made , was this day read before the lords . vide concerning this matter on monday the th day of this instant march following . on monday the th day of march , to which day the parliament had been on saturday last continued , a proviso to the bill concerning the pier and cobb of lime regis added by the lords , was read tertia vice , and then sent down to the house of commons by m r serjeant rodes and m r powle . m r oughtred appeared before the lords . the lord chancellor by the advice and consent of the said lords , asked the said oughtred whether he meant to take the benefit of a release heretofore mentioned . the said oughtred 〈◊〉 before the said lords that he would 〈◊〉 advantage of any release concerning 〈◊〉 sum of twelve thousand pound and more , 〈◊〉 further , that the said release extended 〈◊〉 the said sum , but to other accompts before 〈◊〉 time of his executorship . the lord chancellor demanded further of the said oughtred , 〈◊〉 would be contented that his said speeches should be entred by the clerk in the journals of the house . the said oughtred answered that he was very well pleased therewith . whereupon the lord chancellor commanded that his said speeches should be registred . nota , that this matter was formerly debated on tuesday the th day of march in the last parliament de anno reginae eliz. and before also in this present parliament on tuesday the th day of february last past , and on tuesday the th day , and on saturday the th day of this instant march foregoing , and committees were likewise appointed about it on the foresaid th day of february being tuesday . dominus cancellarius continuavit praesens parliamentum usque in horam secundam post meridiem . about which hour the lords meeting , the bill for the queens majesties most gracious general and free pardon , lecta est , quae commum omnium proccrum assensu conclusa est , & data servienti rodes in domum communem deferend ' , unà cum subsidio temporalitatis . nota , that the general pardon passeth here upon the first reading . there was also brought from the house of commons two bills ; of which the first was the bill for the preservation of the pier or cobb of lime regis in the county of dorset , and the second being an act for the preservation of pheasants and partridges with amendments was rejected ; for that they of the house of commons had with their amendments taken away the principal intent of the bill . this afternoon her majesty accompanied with the two archbishops of canterbury and york , sir thomas bromley knight lord chancellor , the lord burleigh lord treasurer of england , the lord marquess of winchester , the earl of oxford and divers other lords spiritual and temporal were personally present in the parliament chamber commonly called the upper house , who being all set in their parliamentary robes , and the knights , citizens and burgesses of the house of commons having notice thereof , repaired thither with john puckering serjeant at law their speaker , who being placed at the rail or bar at the lower end of the said upper house , after his humble reverence made , and some expressions of his thankfulness to her majesty , he proceeded according to the usual course to desire her majesty to give life to such laws by adding her gracious allowance unto them , as had passed either house , and remained as yet but as a dead letter ; and withal gave her majesty knowledge of the free gift of the house of commons of one subsidy and two fifteenths and tenths . to which speech of the said prolocutors the lord chancellor by her majesties commandment answered , that she did graciously accept of the said gift of her commons , and was come thither to give her royal assent to divers of those laws which had passed the two houses . then were the titles of all the acts read , and first the bill of subsidy , to which the clerk of the parliament standing up , did read the queens majesties answer in manner and form following . la royne remercie ses loyaulx subjects , accepte leur benevolence , & ainsi le veult . the clerk of the parliament having read the queens acceptance and thanks for the subsidy given as aforesaid , did then upon the reading of the pardon pronounce in these french words following the thanks of the lords and commons for the same . les prelates , seigneurs & communes en se present parliment assembles , au nom de touts vous autres subjects remercient treshumblement vostre majesty , & prient a dieu que il vous done en sante , bone vie & longue . nota , that her majesties answer to these two acts of the subsidy and pardon do differ from all the rest to any other bills , because in the first is expressed her majesties thanks to the subjects , and in the second the subjects humble acknowledgment of her said majesties pardon as an act of her own free grace and goodness . to every publick act allowed by the queen , the clerk of the parliament reads in these french words following . la royne le veult . to every private act that passeth , the said clerk of the parliament reads the queens answer in these french words following . soit fait come il est desire . these two last answers to the publick and private acts that pass , are to be written by the clerk of the parliament at the end of every act. to such acts as her majesty doth forbear to allow , the clerk of the parliament reads in french these words following . la royne s'advisera . nota , that all the acts which passed this parliament were in number forty nine , whereof thirty were publick , and nineteen private , ut vide in the statute-book at large printed anno domini . nota also , that the express and direct manner of her majesties giving her royal assent to such acts as passed at this parliament , as is before set down , is not so entred in the original journal-book of the same , but is supplied out of that de anno reginae eliz. where it is at large inserted ; according to which precedent ( the form being always the same ) the rest of the journals of her majesties regin , as well as this present journal , are enlarged and perfected . to the further amplifying of which also , here doth now in the next place ensue a most pious and gracious speech of her majesty's , uttered by her upon the conclusion of this parliament , which being not found in the original journal-book of the upper house , is therefore supplied out of a copy thereof i had by me , written by john stow the chronicler with his own hand , being verbatim as followeth . my lords and ye of the lower house , my silence must not injure the owner so much as to suppose a substitute sufficient to render you the thanks that my heart yieldeth you , not so much for the safe keeping of my life , for which your care appears so manifest , as for the neglecting your private future peril , not regarding other way than my present state. no prince herein , i confess , can be surer tied or faster bound than i am with the link of your good will , and can for that but yield a heart and a head to seek for ever all your best ; yet one matter toucheth me so near , as i may not overskip , religion , the ground on which all other matters ought to take root , and being corrupted , may marr all the tree . and that there be some fault-finders with the order of the clergy , which so may make a slander to my self and the church , whose over-ruler god hath made me , whose negligence cannot be excused , if any schisms or errours heretical were suffered . thus much i must say that some faults and negligences may grow and be , as in all other great charges it happeneth , and what vocation without ? all which if you my lords of the clergy do not amend , i mean to depose you . look ye therefore well to your charges . this may be amended without heedless or open exclamations . i am supposed to have many studies , but most philosophical . i must yield this to be true , that i suppose few ( that be no professors ) have read more . and i need not tell you that i am so simple , that i understand not , nor so forgetful , that i remember not ; and yet amidst my many volumes i hope gods book hath not been my seldomest lectures , in which we find that which by reason ( for my part ) we ought to believe ; that seeing so great wickedness and greeves in the world in which we live , but as way-faring pilgrims , we must suppose that god would never have made us but for a better place , and of more comfort than we find here . i know no creature that breatheth , whose life standeth hourly in more peril for it than mine own , who entred not into my state without sight of manifold dangers of life and crown , as one that had the mightiest and greatest to wrestle with . then it followeth that i regarded it so much , as i left my life behind my care ; and so you see that you wrong me too much ( if any such there be ) as doubt my coldness in that behalf ; for if i were not perswaded that mine were the true way of gods will , god forbid that i should live to prescribe it to you . take you heed lest ecclesiastes say not too true , they that fear the hoary frost , the snow shall fall upon them . i see many over-bold with god almighty , making too many subtle scannings of his blessed will , as lawyers do with humane testaments . the presumption is so great , as i may not suffer it ( yet mind i not hereby to animate romanists , which what adversaries they be to mine estate , is sufficiently known ) nor tolerate new-fangleness . i mean to guide them both by gods holy true rule . in both parts be perils , and of the latter i must pronounce them dangerous to a kingly rule , to have every man according to his own censure to make a doom of the validity and privity of his princes government with a common veil and cover of gods word , whose followers must not be judged but by private mens exposition . god defend you from such a ruler that so evil will guide you . now i conclude that your love and care neither is nor shall be bestowed upon a careless prince , but such as but for your good will passeth as little for this world as who careth least , with thanks for your free subsidy , a manifest shew of the abundance of your good wills , the which i assure you but to be imployed to your weal , i could be better pleased to return than receive . this speech of her majesty being thus transcribed out of the foresaid copy , written by john stow the chronicler , as is already mentioned ; now followeth the prorogation of the parliament , which is entred in the original journal-book of the upper house in manner and form following . domina ipsa regina prorogavit praesens parliamentum usque in vicesimum diem maii proximum . upon which said th day of may the parliament was again prorogued , and so continued by five other several prorogations unto wednesday the th day of september in anno reginae eliz. anno domini . upon which said th day of september it was at last dissolved . the manner of which dissolution , and the substance of all the foresaid prorogations do next ensue . memorandum , quòd vicesimo die maii , anno regni reginae eliz. o convenêre proceres tam spirituales quàm temporales , quorum nomina subscribuntur . johannes archiepisiopus cantuar. thomas bromley miles dominus cancellarius angliae , henricus comes darby , johannes episiopus london , edwardus dominus zouch . qui cùm convenissent , dominus cancellarius literas regias commissarias anthonio mason clerico parliamenti publicè legendas in manus tradidit . the tenor whereof was a commission unto the archbishop of canterbury ; the lord chancellor , the archbishop of york , the lord treasurer , the earl of oxford lord great chamberlain of england , george earl of shrewsbury earl marshal of england , and six other earls , also to the earl of warwick master of the ordnance , four other earls , charissimóque consanguineo suo anthonio vicecomiti mountague , john bishop of london , john bishop of sarum , john bishop of rechester , charles lord howard lord chamberlain of her majesties house , and eight other barons , giving to them or any three or more of them 〈◊〉 potestatem , facultatem & authoritatem hoc instante die jovis ad praesens parliamentum nostrum nomine nosiro ad & in 〈◊〉 diem junii prox . futurum usque praedictam civitatem nostram westmonasterii prorogand ' & continuand 〈◊〉 tunc tenend ' & prosequend ' &c. in cujus rei testimonium &c. tejte , &c. th die maii , anno regni nostri o septimo die junii anno regni elizabethae o the archbishop of canterbury , sir thomas bromley knight lord chancellor , one earl , one bishop and three barons by virtue of a cemmission under the great seal to them and others directed , did prorogue and continue the parliament unto the . day of this instant june . at which time the parliament was in like sort prorogned until the th day of october next . vicesimo die octobris the parliament was in like sort by commissioners prorogued unul the th day of february next , viz. anno o reginae eliz. decimo die februarii anno regni elizabethae reginae o the parliament was in like sort by commissioners prorogued until the th day of april next , viz. anno o reginae eliz. on the th day of april anno o elizabethae reginae the parliament was in like sort by commissioners prorogued until the th day of november next , viz. anno o eliz. before which day it was dissolved on september the th at vide insra . decimo quarto die septembris anno regni reginae eliz. vicesimo octavo . memorandum , quòd cùm praesens parliamentum in decimum quartum diem novembris prox . futurum prorogatum fuisset tamen maximis gravissimisque causis intervenientious , & negotiis ita flagitantibus , regiae majestati per avisamentum constiti sui consultissimum visum est , dictum parliamentum hoc instame decimo quarto die septembris pemtùs dissolvere , ob eámque rem per literas suas patentes quibusdam proceribus plenam potestatem , facultatem & authoritatem praedictum parliamentum nomine suo dissolvend ' concessit . additio etiam speciali mandato , ut circa praemissa diligenter intenderent & effectualiter explerent . igitur hodierno die o septembris proceres isti in camera parliamenti convenerunt , quorum nomina subsequuntur . thomas bromley miles dominus cancellarius angliae . georgius comes salop. edwardus dominus zouch . arthurus dominus grey de wilton . qui cùm consedissent , dominus cancellarius praecepit ut dictae literae patentes publicè legerentur , quibus lectis , praefati proceres dictum parliamentum nomine dictae reginae dissolverunt , & ipso facto dissolut . pronunciaverunt . literarum autem patentium tenor sequitur in hae verba . elizabetha dei gratia angliae , franciae , & hiberniae regina , fidei defensor , &c. reverendissimo in christo patri ac consiliario suo johanni cantuariensi archiepiscopo totius angliae primati & metropolitano , & praedilecto & fideli confiliario suo thomae bromley militi domino cancellario angliae , ac reverendissimo in christo patri edwino eboracen ' archiepiscopo angliae primati & metropolitano ; necnon praedilecto & fideli consiliario suo willielmo domino burleigh domino thesaurario angliae , ac charissimo consanguineo suo edwardo comiti oxon ' magno camerario angliae , ac etiam charissimo consanguineo & consiliario suo georgio comiti salop ' comiti marescallo angliae , charissimoque consanguineo suo henrico comiti kantiae ; necnon charissimo consangnineo & consiliario suo henrico comiti darbiae , ac charissimis consanguineis suis willielmo comiti wigorn ' , edwardo comiti rotel ' , georgio comiti cumberland , henrico comiti sussex ; ac etiam charissimo consanguineo & consiliario suo ambrosio comiti warwici magistro ordinationum suarum , necnon charissimis consanguineis suis henrico comiti pembroke , edwardo comiti hartford , anthonio vicecomiti mountague ; necnon reverendis in christo patribus johanni episcopo london , johanni episcopo sarisburien , johanni episcopo roffen ' ; ac praedilectis & consiliariis suis carolo domino howard magno admirallo suo angliae , henrico domino de hunsdon domino camerario hospitii sui ; ac etiam praedilectis & fidelibus suis edwardo domino zouch , edwardo domino morley , georgio domino dacres ; necnon praedilecto & fideli consiliario suo willielmo domino cobham , domino gardiano quinque portuum suarum , ac praedilectis & fidelibus suis arthuro domino grey de wilton , johanni domino lumley , henrico domino cromwell , ac praedilecto & fideli consiliario suo thomae domino buckhurst salutem . cum nuper pro quibusdam arduis & urgentibus negotiis nos , statum & defensionem regni nostri angliae ac ecclesiae anglicanae concernentibus praesens hoc parliamentum nostrum apud civitatem nostram westmonasterii die novembris anno regni nostri o inchoari & teneri ordinaverimus , à quo die idem parliamentum nostrum tunc & ibidem tentum & continuatum fuerat usque ad & in diem martii , tunc prox ' sequentem , eodémque die idem parliamentum nostrum usque ad & diem maii tunc prox ' sequentem prorogatum suerat , eodémque die idem parliamentum nostrum usque ad & in septimum diem junii tunc prox ' sequentem prorogatum fuerat , eodémque die idem parliamentum nostrum usque ad & in vicesimum diem ejusdem mensis junii prorogatum fuerat , eodémque die idem parliamentum nostrum usque ad & in vicesimum diem octobris tunc prox ' sequentem prorogatum fuerat , eodémque die idem parliamentum nostrum usque ad & in decimum diem februarii tunc prox ' sequentem prorogatum fuerat , necnon idem parliamentum nostrum usque ad & in vicesimum sextum diem aprilis tunc prox ' sequentem prorogatum fuerat , necnon idem parliamentum nostrum à praedicto vicesimo sexto die aprilis usque ad & in decimum quartum diem novembris jam prox ' futurum prorogatum fuerat , ibidem tunc tenend ' & prosequend ' : sciatis tamen quod certis urgentibus causis & considerationibus nos ad praesens specialiter moventibus idem parliamentum nostrum hoc instante decimo quarto die septembris duximus dissolvend ' . de fidelitate igitur prudentia & circumspectione vestris plurimum confidentes , de avisamento & assensu consilii nostri assignavimus vos & aliquos tres vel plures vestrum commissionarios nostros , dante 's vobis & aliquibus tribus vel pluribus vesirum tenore praesentium plenam potestatem , facultatem & authoritatem hoc instante decimo quarto die septembris ad dictum parliamentum nostrum nomine nostro plenariè dissolvend ' . et ideo vobis mandamus quod vos , aliqui tres vel plures vestrum , idem parliamentum nostrum idem instante decimo quarto die septembris virtute harum literarum nostrarum patentium nomine nostro plenè dissolvatis & determinetis . et ulterius volumus & per praesentes concedimus & declaramus , quod idem parliamentum nostrum vigore praesentium hoc instante decimo quarto die septembris dissolutum & determinatum sit , & per has literas nostras patentes idem parliamentum nostrum penitus dissolvimus & determinamus . et ideo vobis mandamus quòd circa praemissa diligenter intendalis , ac ea in forma praedicta effectualiter expleatis & exequamini . volumus etiam & concedimus quòd omnes & singuli archiepiscopi , marchiones , comites , vicecomites , episcopi , barones , milites , cives & burgenses , ac omnes alii quorum interest , ad dictum parliamentum nostrum conventuri de omni eo quod eis pertinet in praemissis faciend ' & exequend , sint omnino tenore praesentium exonerati & quieti in omnibus prout decet . in cujus rei testimonium has literas nostras fieri fecimus patentes . teste me ipsa apud westmonasterium decimo quarto die septembris anno regni nostri o. per ipsam reginam . nota , that this last dissolution of the aforesaid parliament in anno reginae eliz. anno domini . was somewhat above one whole year and a half from and after the first prorogation thereof , which was on monday the th day of march ( anno reginae ejusdem anno domini . ) by which it is probable that her majesty had intended at first to have made this and the parliament that follows to have been but two sessions , and not two several parliaments as afterwards it sell out , and as they now remain . and it is the more strange that this resolution was at all altered , because the ensuing parliament held in anno , & reginae eliz. anno domini . began within some forty five days after this last recited day , on which this aforesaid parliament was dissolved as is aforesaid . and that which yet maketh this foresaid dissolution of the above-mentioned parliament on this th day of september , the more strange , is , because it had been last prorogued on the th day of april anno reginae eliz. unto the th day of november following , which if it had held , would have fallen out full two months after this day of the dissolution thereof , and at least a fortnight after the th day of october , on which the next and new parliament began in the said twenty eighth year of her majesties reign . but to clear this , doubtfully there was no other cause or ground upon which her majesty altered that her first resolution , but the blessed and strange discovery of that most horrible and merciless conspiracy plotted between the scottish queen , ballard , babington and others , for the speedy murthering of her majesty and extirpation of true religion . the manner and execution whereof having continued in agitation between them from july to september , in this said twenty eighth year of her majesties reign , upon the th day of the last mentioned month , the two foresaid conspirators and five more of their notablest complices , were executed in s t giles-fields near london , having been condemned upon tuesday the th day of the said month , which was the very day foregoing the said th day of the same month on which the foresaid parliament was dissolved , as appears fully by the fore-recited commission . after which also before the new parliament began on saturday the th day of october following , the queen of scots was tried at fothringhay . castle in northamptonshire , and after condemned in the star-chamber by the lawful verdict of her peers , the proceedings whereof lasted from the th day of the month aforesaid , being wednesday unto the th day of the same being tuesday , which sentence was affirmed and allowed by the parliament following in anno regin . eliz. the journal of the house of commons . a journal of the passages of the house of commons in the parliament holden at westminster , anno reginae eliz. anno domini . which began there on monday the th day of november , and then and there continued until the prorogation thereof on monday the th day of march anno domini . and was lastly dissolved on wednesday the th day of september , anno reginae ejusdem , anno domini . this ensuing parliament is replenished with many excellent passages concerning the orders , priviledges and usages of the same , from which also divers good precedents may be gathered touching elections and joint-conferences with the lords of the upper house ; neither finally doth it want sufficient matter of publick agitations , the danger of the state and the ecclesiastical government of the church being at large debated in it ; in which also appears the zeal of the said house against one doctor parrie , a notorious traytor , being a member thereof . the parliament beginning on monday the th day of november in anno hoc reginae eliz. her majesty came from her palace of whitchall in her accustomed , and royal and stately manner , unto the cathedral church of westminster , about .... of the clock in the forenoon , during whose being there , the earl of leicester at this time lord steward of her highness houshold , came into the utter room of the house of commons , and then and there before his lordship , did the right honourable m r treasurer , and m r comptroller of her majesties houshold , and m r chancellor of the exchequer , being severally chosen and returned knights into the said house of commons for the counties of oxon , hereford and northampton , take and pronounce the oath according to the statute in that behalf made and provided ; which done , the said lord steward departed from the house into the lower end of the room called the white-hall , or court of requests , and then also did the right honourable m r secretary walsingham , returned one of the knights for the county of surrey , likewise take and pronounce the said oath before his lordship . and then his lordship caused as many of the said knights , citizens , burgesses and barons , as at that time were returned into the crown-office , to be called and returned , and the names to be pricked of so many of them as then appeared ; and so nominating and appointing the said four honourable personages to be his lordships deputies , to see the said oath taken and pronounced by all the residue of the said house of commons , departed ; and thereupon his lordships said deputies proceeded to the further ministring of the said oath unto the residue of the said house of commons . but before such time as these four right honourable personages , deputed by the earl of leicester as aforesaid , had administred the said oath to all such of their fellow members of the house of commons as were present , although the greatest part of them had taken it , they had notice about two of the clock in the afternoon , that her majesty , with divers of the lords spiritual and temporal , were then already set in the upper house and there expected them ; who thereupon all of them together repaired thither , and as many as conveniently could being let in , sir thomas bromley lord chancellor having made an oration unto the whole assembly , did in the end declare unto the knights , citizens and burgesses of the said house of commons , that it was her majesties will and pleasure that they should go together unto their own house , and there amongst themselves should chuse a speaker , and of the day of his presentation her majesty would hereafter give them further order . whereupon they departed thence , and came into their own house , where being set , and the number appearing upon the view not to be much less than the whole , sir francis knowles knight treasurer of her highness's houshold stood up , and put them in mind how lately the lord chancellor had signisied unto them her majesties pleasure for the choice of a speaker . and further added , that for his part he did very well allow of m r serjeant puckering , as of a very able member of the said house , to be chosen into the said place , and to undergo it ; yet nevertheless did leave every man to his own free opinion to nominate any other of whom they might think better . after whose speech many of the said house named also m r serjeant puckering , and none was heard to disallow or speak against the said choice ; whereupon m r treasurer standing up again , did then and there put it to the question , asking them whom they would be pleased to allow of for their speaker , and to name him . to which the greater part of the house making answer again , that they did allow of and chuse the said m r serjeant puckering for their speaker as before , he stood up , and in a modest and humble speech disabled himself , yet withal acknowledging the great favour of the house unto him , in that they had been pleased to nominate and chuse him unto a place of so great charge and weight . which excuse of his being not allowed , he was led up between two of the most eminent personages of the said house unto the chair , and placed in it . on tuesday the th day of november , it seemeth the house met not , because the speaker was not yet presented , neither is there any mention of the said day in the original journal book of the house of commons de anno isto o reginae eliz. on wednesday the th day of november m r treasurer signified unto the house that her majesties pleasure was , that the speaker be presented unto her highness in the upper house to morrow next at two of the clock in the afternoon ; and therefore willed every one of this house to take notice thereof to the end they may then and there wait upon her majesty accordingly . on thursday the th day of november the queens majesty and divers of the lords spiritual and temporal being set in the upper house , the knights , citizens and burgesses of the house of commons had notice thereof about two of the clock in the afternoon , and thereupon with john puckering serjeant at law their speaker elect , they repaired thither , the said prolocutor or speaker being led up by two of the most honourable personages of the said house , and there having made his excuse according to the usual sorm at the bar or rail at the lower end of the upper house , it was not allowed by her majesty ; whereupon the said speaker having with all humble acknowledgement of her majesties favour submitted himself ( according to the usual course ) to the undergoing of the said prolocutorship , made certain petitions in the name of the house of commons for freedom of speech , of access to her majesty , and immunity from arrests and saits for themselves and their necessity attendants . and lastly petitioned for himself , that if in any thing he should erre or mistake unwillingly , her majesty would be pleased to pardon it . to which speech the lord chancellor delivered her majesties answer by her commandment , that she was graciously pleased to allow of his said petitions , and therefore wished them to use their said liberties and priviledges with moderation and reverence . then the knights , citizens and burgesses departing with their speaker to their own house , there was read one bill only the first time , being for the better and more reverent observing or the sabbath day ; after the reading whereof the house rose . on friday the th day of november two 〈◊〉 had each of them one reading ; of which the second being the bill for the better and more reverent observing of the sabbath day , was read the second time , and committed unto sir walter mildmay , sir john higham , sir francis drake , mr. recorder of london , mr. james dalton , mr. george moore , mr. brooke , mr. doctor turner , mr. francis hastings , mr. fox , mr. andersan , sir richard greenfield , mr. william mohun , sir drew drury , sir henry nevill , sir william moore , sir nicholas woodroose , sir william herbert , mr. robert beale , mr. edward popham , mr. 〈◊〉 , mr. edward lewkenor , sir robert germin , mr. lieutenant of the tower , mr. george carie , sir thomas manners , mr. daniel , mr. john 〈◊〉 , mr. grice , mr. richard prowze , mr. thomas brercton , sir richard knightly , and sir william mallory , who were appointed to meet this afternoon at two of the clock in the exchequer-chamber , and the bill was delivered to sir william mallory one of the said committees . nota , that this bill of the sabbath did not pass the two houses , but another , and that also not without great difficulty and long debatement being committed , and amendments upon amendments added unto it , ut vide on wednesday the th day of march following . on saturday the th day of november three bills of no great moment had each of them their first reading ; of which the first was concerning the better pursuit of hue and cry. sir walter mildmay chancellor of the exchequer taking occasion to speak of the sudden calling of this parliament at so unseasonable a time of the year , and of the likelihood of the short continuance thereof , did thereupon declare the same to be called for very urgent and necessary causes . sir christopher hatton , vice-chamberlain of her majesties houshold , spake next , and it seemeth much to the same effect with mr. chancellor of the exchequer ; but what the very words were , or the substance of them , is wholly omitted in the original journal-book of the house of commons , although these two speeches did last about two hours , as is afterwards shewed . at the end whereof it seemeth further , that a committee was appointed to consider of a bill to be drawn concerning the matter of subsidy . one being no member of this house , being found to have sit here this present day by the space of two hours , during the whole time of the speeches delivered by m r chancellor and m r vicechamberlain , as aforesaid , did upon examination confess his name to be richard robinson , and that he was by occupation a skinner , and dwelt at the harts horns in gracious street london , the house of one mark fryer a skinner also his father-in-law : whereupon himself having been stripped to his shirt , and his pockets all searched , the custody and further examination of him was by this house referred to m r recorder of london , m r topelisse , m r beale , and another . charles morgan gentleman , servant unto sir george carie knight , returned this parliament for one of the knights of the county of southampton , being himself no member of this house , was found to be standing within the said house near unto the door , and as it was thought of meer ignorance and simplicity without any evil purpose or meaning ; and therefore , was committed by order of the house unto the serjeants ward till the next sitting of this court , and then such further order to be taken therein , as by this house shall be requisite . on monday the th day of november m r recorder of london shewed to the house , that he and m r topelisse had taken the examination of richard robinson found to be sitting there on saturday last , although he were no member of it , the taking whereof had been then also referred unto them , and thereupon he delivered the same in writing ; which having been read by the clerk of the parliament , the said robinson was brought to the bar , and was there censured by the house , having taken the oath ( as it should seem of allegiance and supremacy ) to suffer imprisonment in the serjeants ward until saturday next , and then having swore to keep secret what he had heard , to be released without further moving the house . vide touching this business in fine dici praecedentis . m r recorder also offered and commended to the house a certain bill touching barks or stocks , which had been tendred in like manner before in a former session . m r speaker made another motion to the house , to take order with their servants and pages to forbear such misbehaviour and disorder as hath formerly been used , and that they may henceforth avoid from the stairs which lead up to the house out of westminster-hall . charles morgan gentleman , who had been present in the house on saturday last , being no member of it , and had thereupon been committed unto the serjeants ward , was this day brought to the bar , and having taken the oath of supremacy , was discharged upon payment of his fees. five bills of no great moment had each of them one reading ; of which the first being the bill , that parsonages impropriate might be converted to charitable and pious uses , was read the first time . upon a motion this day made to the house , that thomas bodley gentleman being returned a burgess into this parliament for the town of portsmouth in the county of southampton , and also a baron for the port of hieth , and can appear but for one of the same places , it was ( upon the said m r bodley his choice made to appear for the said town of portsmouth in the county aforesaid ) ordered that a warrant from this house should be directed to the clerk of the crown-office in the chancery for a new writ to be awarded for the chusing and returning of another baron of the said port of hieth into this house in lieu and stead of the said m r bodley accordingly . on tuesday the first day of december five bills of no great moment had each of them one reading ; of which the first being the bill concerning parsonages impropriate to be disposed to charitable and pious uses , was after the second reading and sundry arguments about it , committed to m r treasurer , sir john higham , m r sollicitor , m r recorder , m r heale , m r skinner , and other , who were appointed to meet this afternoon at one of the clock in the exchequer-chamber , and the bill was delivered to m r treasurer one of the said committees . upon a motion for a committee of some few of this house , being learned in the laws , to peruse all such statutes as are to have their continuance but unto the end of this present session of parliament , divers of the house were appointed to collect the titles of all such statutes ; to the end that upon view and consideration to be severally had of them by the house , it may further be considered which of them are still to be continued , and which not . the names of which persons so appointed were as followeth , viz. m r recorder of london , m r sollicitor general , m r morrice , m r sandes , m r henry beamond , m r waterhouse , m r fanshaw , m r richard lewkenor , m r cromwell , m r thimbleby , and m r hamman . on wednesday the second day of december three bills of no great moment had each of them one reading ; of which the second being the bill for reformation of disorders in common informers , was upon the second reading committed to m r chancellor of the exchequer , m r alford , m r henry beamond , and others who were appointed to meet on friday next at one of the clock in the afternoon in the exchequer chamber . and the third and last bill concerning actions upon the case to be tried in their proper counties , was upon the second reading committed unto m r dale one of the masters of requests , m r sollicitor , m r attorney of the court of wards , and others , who were appointed to meet upon saturday next being the fifth day of this instant december , at two of the clock in the afternoon , in the exchequer chamber . this bill had been much argued upon , before it was committed ; and it seems some arguments being not liked , divers of the house had endeavoured by coughing and spitting to shorten them . whereupon sir francis hastings made a motion ( that as upon like occasion offered , others had moved , that words of note , as town-clerk and such like , should not offensively be applied to the persons of such as had formerly spoken ) that in like manner it were now to be wished that in respect of the gravity and honour of this house , when any member thereof shall speak unto a bill , the residue would forbear to interrupt or trouble him by unnecessary coughing , spitting or the like . on thursday the third day of december , six bills of no great moment had each of them one reading ; of which the fourth being the bill concerning hue and cry was read the second time , and committed unto sir richard greenfield , sir henry cock , m r richard lewkenor and others , who were appointed to meet to morrow at one of the clock in the afternoon in the open exchequer court. the fifth bill also was brought into the house by m r chancellor of the exchequer , being a new bill for the better and more reverend observation of the sabbath day , which had been framed by the committees appointed to consider of the old bill on friday the th day of november foregoing , and had this day its first reading . nota , that though the old bill was altered , and this new bill concerning the sabbath , framed by the committees appointed on the said th day of november as aforesaid , were now brought into the house and read ; yet it did not pass the two houses without much dispute and great difficulty , being committed and amendments upon amendments added unto it , ut vide on wednesday the th day of march following . the last bill of the said six being for a bank of general charity to be appointed for the relief of common necessity was put to the question upon the first reading , and rejected . quod nota , because it is not usual for a bill to be put to the question upon the first reading . upon the report of sir james croft comptroller of her majesties houshold , and m r william howard , of the great disorder of serving-men and boys in hurting and misusing of other persons , and of whom m r comptroller and m r howard did see and take two of the said disordered persons ; it was ordered , that the serjeant of the house should wait upon m r comptroller to know the same two persons , and to bring them to this house to morrow , sitting the court. the bill lastly for the true answering of tithes was read the second time , and thereupon committed unto sir richard greenfield , sir john peter , sir william harbert , m r dale one of the masters of the requests , and the bill was delivered to the said m r dale , who with the rest was appointed to meet on monday the th day of this instant december following at two of the clock in the afternoon in the middle-temple hall. on friday the th day of december , three bills of no great moment had each of them one reading ; of which the third being the bill against partial juries and trials , was upon the second reading committed unto m r recorder of london , m r tanfield , m r cromwell and others ; and the bill was delivered to m r attorney of the court of wards , one of the said committees , who with the rest was appointed to meet upon monday the th day of this instant december following at two of the clock in the afternoon in the inner-temple hall. the bill for the maintenance of navigation , and another bill concerning cloth at boated in essex , having passed the house upon the third reading , were sent up to the lords by m r treasurer of her majesties houshold , m r vice-chamberlain and others . the bill for the better and more reverend observation of the sabbath day was read the second time and ordered to be ingrossed . de qua vide plus on wednesday the th day of march following . upon a motion made this day unto the house by m r speaker , that m r marmaduke wivell one of the burgesses for the borough of richmond in the county of york , is lately faln very sick , and not able to give his attendance on this house till he shall have recovered better health , and therefore desireth in the mean time licence of this house to go a little into the country to take change of air for a short time for the seeking of his better health and strength , it was gramed , and agreed by this house that he may do so with the good favour and leave of this house accordingly . upon another motion also made by m r speaker for m r edward leigh esquire , one of the knights returned into this present parliament for the county of stafford , and since that time chosen to be sheriff of the said county of stafford ; it was likewise ordered by this house , that the said edward leigh may with the good leave of this house have liberty to absent himself in and about his necessary charge and service in the said office of sheriffwick . nota , that hence it may be probably gathered , that neither her majesty nor the house of commons did conceive these two places to be incompetible , but that they might well stand and be in one and the same man at one and the same time ; for her majesty did first make him sheriff of the county of stafford , not only after he was chosen , but returned a knight of the same county also , which it is very plain she could not be ignorant of ; and therefore her self and the house of commons did both allow of his being made sheriff as a thing well agreeing with the priviledge of his former place , and the service of that house , and did not therefore give him a sinal discharge , but only liberty of recess about his necessary affairs into the country , as in the foregoing case of sickness , which being expedited , he might return again to that service . for doubtless if the said house had conceived that he had been utterly disabled from his serving there by his new office , it would have been ordered , that a warrant should have been sent to the clerk of the crown to have sent down a new writ into the said county of stafford for a new election to have been made , as in the case of double returns , death or the like is used . besides , if her majesty might have disabled as many members from serving in that house as she should or could have made sheriffs it had lain in her power ( and may lye in the power of any king or queen of this realm for the time being ) to have disfurnished the house of commons at any time of all or the greater part of the ablest members thereof . against this opinion the words of the very writ , by authority whereof the knights , citizens , burgesses and barons of the house of commons are elected , hath been and may be still objected , viz. nolumus antem quòd tu , nec aliquis alius vicecomes dicti regni nostri aliqualiter sit electus , &c. which words were not in the writ during the reign of king henry the third , e. . e. . and the beginning of the reign of king edward the third , but crept in afterwards by virtue of an ordinance of parliament upon some special occasion to that end made , which is entred in rotulo parliamenti de anno e. . num . . and therefore the constant practice in many parliaments since to the contrary may well be admitted and followed , as the greater and more swaying authority , which also appeareth in the aforesaid precedent , the said m r leigh being allowed to maintain and retain both the said places , and to serve in them without all manner of dispute or question . vide plus concerning this business on tuesday the . day of february following . on saturday the th day of december two bills of no great moment had each of them one reading ; of which the last being the bill against the delay of justice , was upon the second reading committed unto m r vicechamberlain , m r chancellor of the exchequer , m r sandes , m r sollicitor , and others , who were appointed to meet on monday the th day of this instant december following in the afternoon in the exchequer-chamber or star-chamber . the bill also for the better and more reverent observing of the sabbath day was read the third time , and upon the question passed the house . vide touching this bill on wednesday the th day of march following . the lords also sent back to the house of commons the bill touching boxted clothes with some amendments and additions , which had been carried up yesterday to their lordships by m r treasurer and others from the said house . the bills , lastly , for reformation of informers , and for actions upon the case to be brought in their proper counties , were appointed to be dealt in in the exchequer-chamber at two of the clock this afternoon by the committees of the same bills , upon warning thereof given unto them by this house , at the motion of m r chancellor of the exchequer . on monday the th day of december three bills of no great moment had each of them their first reading ; of which the second being the bill concerning the town of richmond was rejected upon the question . quod nota . the third bill also being for the assurance of certain messuages and lands , late edward fishers , unto george chewne esquire and others in fee simple , was upon the first reading committed unto m r recorder , m r morrice , m r sandes and m r clement fisher , and it was ordered , that the said m r edward fisher shall have word thereof by the serjeant of this house this present day , and a reasonable time given him to attend upon the said committees , and to be heard ( if he will ) what he can say why the said bill should not pass this house . nota also , that this bill was here committed upon the first reading . de qua vide plus on monday the th day of february following . m r chancellor of the exchequer in the name of himself and the other committees for the bill for reformation of disorders in common informers , shewed , that they had met together and had conference touching the same bill , and have in some parts amended the same and added thereunto , and so offered it to the house . whereupon the said bill being with the amendments and additions twice read , was ordered to be ingrossed . the bill for the more reverent observation of the sabbath day , and the bill concerning boxted clothes with the amendments and additions of the lords , allowed and thrice read and passed , were sent up unto them by the house of commons by mr. comptroller and others . vide plus concerning the bill of the sabbath on wednesday the th day of march following . the committees in the bills for hue and cry , for true answering of tithes , and against tryals by partial juries , were appointed to meet in the middle temple-hall to morrow at two of the clock in the afternoon , upon consideration that the most part of the committees are to meet this afternoon in the great committee . m r comptroller and m r lieutenant of the tower , were appointed by the house to examine the affray even now made in the white-hall or court of requests , as m r comptroller and the residue were carrying up the two last mentioned bills to the lords . the bill touching suffolk-cloths was read the second time , and committed unto m r treasurer , m r comptroller , m r vice-chamberlain , m r chancellor of the exchequer , sir robert germin , sir william drurie , m r rawleigh and others ; and the bill was delivered to m r treasurer , who with the rest was appointed to meet upon thursday next being the th day of this instant december following at one of the clock in the afternoon in the exchequer chamber . the committees also in the bill against the delay of justice , were appointed to meet upon wednesday next being the th day of this instant month of december in the afternoon , ( but the hour is not specified ) in the exchequer chamber . the bill lastly for bringing in of staple fish and ling , was upon the second reading committed unto sir francis drake , m r fenner , m r grice , sir edward dymock and others ; and the bill was delivered to the said sir edward dymock , who with the rest was appointed to meet on thursday the th day of this instant december following , at one of the clock in the afternoon in the exchequer chamber . on tuesday the th day of december , the bill for preservation of timber in the county of sussex was read the second time , and committed unto m r comptroller , sir thomas shirley , sir philip sidney , m r alsord , m r robert sackvile and others , who were appointed to meet on saturday the th day of this instant december following at two of the clock in the afternoon in the star-chamber court. upon a motion made by m r speaker for the opinion of this house touching the validity of some knights returned for some shires of this realm , not being ( as it is supposed ) chosen at the next county after the date of the writ of summons of this parliament , and after some speech also therein offered by m r bevill , by which he seemed to suspect that the matter of the motion tended to and concerned himself and m r darrington returned knights for the shire of huntington , it was referred unto m r treasurer , m r vice-chamberlain , mr. sollicitor and mr. recorder of london , who were appointed to meet on saturday the th day of this instant december following in the forenoon ( but no hour specified ) in the exchequer chamber . vide plus concerning this matter on saturday the th day , and on monday the th day of this instant december ensuing . upon a motion made unto this house by mr. lieutenant of the tower , that the armour of papists being recusants might not remain in their own custody ; it was ordered that mr. sandes and mr. 〈◊〉 do draw a bill to that end . the committees in the bill against the delay of justice were appointed to meet upon friday the th day of this instant december following , at two of the clock in the afternoon in the exchequer chamber . on wednesday the th day of december , three bills of no great moment had each of them one reading ; of which the last touching banners , curriers , shoomakers , &c. was upon the second reading committed unto mr. sollicitor , sir william moor , mr. recorder of london , mr. dalton and others , who were appointed to meet upon monday the th day of this instant december following , at one of the clock in the afternoon in the guild-hall . the bill for redress of disorders in common informers , was after the third reading and many arguments committed again to the former committees ( mr. treasurer and mr. vice-chamberlain being added unto them ) mr. sollicitor , mr. william moore , mr. recorder of london , mr. harne , mr. morice , mr. dilton , mr. francis bacon , mr. beale and mr. owen , who were appointed to meet upon saturday the th day of this instant december following at one of the clock in the afternoon , but no place mentioned where . nota , that this bill was committed upon the third reading , having been formerly committed upon the second , which is not usual . another bill also of no great moment concerning sheriffs was upon the second reading committed ; but to whom it was committed , or when and where the said committees should meet , is not at all set down in the original journal-book of the house of commons , but seemeth to have been omitted through the negligence of m r fulk onslow at this time clerk of the same . on thursday the th day of december , two bill of no great moment had each of them their first reading ; of which the first was the bill for the preservation of plymouth haven . m r serjeant gawdy and m r attorney general did bring a message from the lords , that their lordships do pray conference with some of this house to join with a committee of their lordships touching the bill lately passed this house and sent up unto their lordships for the better and more reverend observing of the sabbath day . whereupon m r treasurer , m r comptroller , mr. vice-chamberlain , the lord russell , sir william herbert , sir william moore , mr. edward lewkenor , mr. francis hastings and mr. george moore were appointed by this house to attend their lordships therein to morrow at two of the clock in the afternoon in the parliament chamber . vide concerning this matter of the sabbath on wednesday the th day of march following . the bill against dying with sumach , and some other bills wholly omitted through the negligence of the clerk , and therefore seem to have been of no great moment , were upon the second reading committed unto mr. treasurer , mr. recorder of london , mr. hutton , mr. henry nevill and others ; and the bills were delivered to the said mr. henry nevill , who with the rest were appointed to meet upon monday next the th day of this instant december following in the afternoon in the middle-temple hall. the bill also against vicious life and idleness was upon the second reading committed unto sir william herbert , sir edward dymock and others , and the bill was delivered to the said sir edward dymock , who with the rest were appointed to meet to morrow at one of the clock in the afternoon in the middle-temple hall. mr. recorder one of the committees appointed on monday the th day of this instant december foregoing in the bill for the assurance of certain messuages , lands and tenements late edward fishers unto george chewne esquire and others in fee-simple , according to the true intent and meaning of certain conveyances unto them by the said edward fisher made , reported to the house that upon examination by himself and the other committees therein had , and also by comparing and conferring the contents of the preamble of the said bill with the conveyances of the premisses , and also with the judgment upon the forgery in the star-chamber , and also of their conferences had with the said edward fisher and katherine his wife , as well together as a part and asunder touching the premisses and circumstances of the same , they have amended the said bill according to the said conveyances , not only in the form thereof , but also in the principal matter and substance , and offered both the said bill so amended , the said evidences or conveyances ( being two several deeds ) indented and inrolled in the court of chancery , and also the said judgment in the star-chamber exemplified under the great seal of england . whereupon the bill was presently read , and the said amendments also twice read , and so the bill thereupon ordered to be ingrossed . vide plus on monday the th day of february following . on friday the th day of december , six bills of no great moment had each of them one reading ; of which the bill concerning the aforesaid business of edward fisher , and for the assurance of certain lands lately sold by him unto george chewne esquire and others in fee-simple , did pass upon the third reading . vide plus on monday the th day of february following . mr. vice-chamberlain in the behalf of himself and of the residue of the committees in the great causes , shewed unto the house , that they have had sundry meetings together , and endeavoured to draw two several bills to such ends as they thought fittest , and having one of the said bills ready drawn , but not the other , yet for want of longer time to meet , and which yet cannot now be before monday next , offered unto the said house the bill that was ready drawn . but what the title of the bill was , or what these great matters were , is wholly omitted through the clerks negligence : yet it may be probably conjectured , that they were concerning the subsidy and religion , or the bill for the preservation of her majesties most royal person . de qua vide on monday the th day of december following . the bill lastly touching grants by corporations was upon the second reading committed unto m r comptroller , m r recorder and others . but the time and place appointed for their meeting is in the original journal-book of the house of commons through the clerks negligence wholly omitted . on saturday the th day of december , notice being given to the house of one m r hall a member of the same , that had not attended all this parliament , it was ordered that the serjeant should give him warning to attend upon monday next . vide plus in fine hujus diei . mr. recorder of london and mr. sollicitor were appointed by the house to examine the record of the return of mr. bevill and mr. darrington the two knights chosen for the shire of huntington , and of the circumstances thereof . nota , that the recorder of london is in this place and in all other passages of this journal , for the most part named and ranked before the queens sollicitor , although his place at this time be after him . mr. bevill one of the knights returned for the said county of huntington , declared , that he was charged by a member of this house , that he had lied in his former speech to this house touching the declaration of the manner of chusing himself and mr. darrington knights for the shire of huntington ; wherein as he taketh himself to be very much abused being a member of this house , so appealing himself to the same , he prayed remedy and order to be given therein by this honourable house upon the hearing of the cause . vide plus concerning this matter on tuesday the th day of this instant december foregoing , as also on monday the th day of the same month following . the bill for the assurance of certain messuages , lands and tenements , late edward fishers unto george chewne esquire and others in fee-simple , was sent up to the lords by mr. treasurer and others . vide de ista materia on monday the th day of february following . mr. serjeant gawdy and mr. attorney general did bring from the lords a bill for remedy against fraudulent conveyances , with recommendation thereof from their lordships to this house , and request also for present conference with the committees of this house touching the bill for the observation of the sabbath day . of which see more on wednesday the th day of march following . sir william knolles , mr. fanshaw and others were appointed committees this afternoon to meet in the middle-temple hall about the oath for sheriffs , &c. three bills of no great moment had each of them one reading ; of which the last being the bill touching collectors of issues by juries , was upon the second reading committed unto mr. cromwell , mr. nathanael bacon , mr. henry barkley and others , and the bill was delivered to the said mr. barkley , who with the rest was appointed to meet in the middle-temple hall to morrow at two of the clock in the afternoon . the lords did this morning send down to the house of commons a bill touching the assurance of certain lands to sir thomas lucy knight and others . the business of mr. arthur hall , of which the house had been informed upon their first meeting this morning , was before the rising of the house referred to mr. wolley , mr. cromwell , mr. diggs and mr. sandes , to peruse the order touching the same against monday next , being the day appointed by the house for the said mr. hall to appear before them . on monday the th day of december further day was given unto the committees for the bill touching tanners , &c. and to meet at the yeeld-hall ( alias guild-hall ) to morrow at two of the clock in the afternoon . the bill for confirmation of letters patents granted unto walter rawleigh esquire for the discovery of foreign countries was read primâ vice . three petitions touching the liberty of godly preachers , and to exercise and continue their ministries , and also for the speedy supply of able and sufficient men into divers places now destitute and void of the ordinary means of salvation , were offered unto the house ; the first by sir thomas lucy , the second by sir edward dymock , and the third by mr. gates : which were all thereupon read , and further proceedings therein deferred until a more convenient time . vide concerning this matter on monday the th day of february following , and more largely on thursday the th day of february ensuing . which notwithstanding doctor turner a little after rose up , and put the house in remembrance of a bill and book heretofore offered by him unto the said house , which had been digested and framed by certain godly and learned ministers , and which said bill and book did tend to no other end , as he conceived , than the glory of god , the safety of her majesty and the benefit of the common-wealth ; and therefore prayed that it might be read . against which sir francis knolles knight , treasurer of her majesties houshold spake first , but in few words ; and after him sir christopher hatton knight her majesties vice-chamberlain more largely , who pressed and moved the house so far therein , that it was at length resolved , that the said book and bill should not be read . but touching all necessary and fit liberty of the aforesaid ministers , or supply of able men , in places that wanted , they did not doubt but that her majesty would take some speedy order concerning the same , according to whatsoever was justly required , either in the aforesaid petitions that had been read , or in the last mentioned book and bill , the reading whereof had been forborn : of which also the said mr. vice-chamberlain did affirm that he doubted not but that it would be done accordingly . vide concerning this business on saturday the th day of march following . he also further moved that for the better and more speedy expedition of other great matters now in hand , this court would be pleased to appoint to sit again at two of the clock this afternoon to give reading to a bill but now lately finished , wherein provision was made for the safety and preservation of the queens majesties most royal person . which he the rather desired , because he conceived that this house would very shortly be adjourned till after christmas . the bill against fraudulent conveyances was read the third time . post meridiem . in the afternoon the before-mentioned bill for provision to be made for safety of the queens majesties most royal person , and the quiet state of the realm , was read the first time . the bill also for provision of maintenance for ministers and preachers in towns corporate , &c. was after the second reading and much dispute , put to the question , whether it should be committed ; and upon the division of the house , the major part of the voices fell out to be against the commitment . after which also upon another question whether it should be ingrossed or no , the bill it self was lastly upon another division of the house dashed . the bill lastly for confirmation of letters patents made unto m r walter rawleigh was read the second time and committed unto m r vice-chamberlain , m r secretary , sir philip sidney , sir francis drake , sir richard greensield , sir william courtnay , sir william mohun and others . on tuesday the th day of december three bills of no great moment had each of them one reading ; of which the first being for the relief of the creditors of edward fisher esquire , was after the second reading committed unto m r sollicitor , m r morrice , m r cromwell , m r john fisher and m r cradock , who were appointed to meet at two of the clock this afternoon in lincolns-inn-hall . the committees for m r rawleighs bill were appointed to meet presently in the committee-chamber of this house . the bill for the good government of the city of westminster was after the second reading , committed unto sir george carie , m r recorder of london , m r thomas knivet , m r thomas cecill and others , who were appointed to meet this afternoon in the open exchequer-court . the bill against informers was brought in by m r vice-chamberlain one of the committees , in the name of all the committees , with allowance of the same ; only he further moved the reviving and continuing the former act in that behalf made in the th year of her majesties reign . the bill for provision to be made for the surety of the queens majesties most royal person and the good estate of the realm , was upon the second reading ordered to be ingrossed . the bill for bringing in of staple fish and ling was brought in again by sir edward dymock one of the committees , without any thing done in the same ; for that the committees could not in their meeting assent to any alteration of the same bill . the bill against jesuits , seminary priests , and such like disobedient persons , was upon the second reading ordered to be ingrossed . on wednesday the th day of december three bills of no great moment had each of them one reading ; of which the second being a new one touching hue and cry , was read the first time . m r ash one of the committees in the bill for swearing of under-sheriffs , in the name of himself and the residue of the same committees brought in the old bill , and also a new bill framed by them , praying the reading thereof . m r treasurer , one of the committees in the bill for disposing of parsonages impropriate to charitable and pious uses , for himself and the residue of the same committees brought in the old bill , and also a new bill praying the reading thereof . the bill for perfecting of assurances was upon the second reading committed unto m r sollicitor , m r atturney of the wards , m r sands and others , and the bill was delivered to m r sollicitor , who with the rest was appointed to meet to morrow in the afternoon in lincolns-inn-hall . after some motions made touching the former petitions exhibited and read in this house on monday the th day of this instant november foregoing , which concerned the liberty of some ministers , and the placing of others in places that wanted , many arguments ensuing ; but it was at last resolved upon the motion of sir walter mildmay chancellor of the exchequer ( who spake exceeding well touching this business ) that some committees should be appointed by the house to view over the said petitions , and to reduce the contents of the same into some particular heads or articles , which being put in writing , might be imparted unto the lords of the upper house , and that request might thereupon be made to their lordships to joyn with the house of commons in such further course as should be thought meet . and thereupon divers committees were chosen to consider of the said business accordingly , viz. sir thomas heneage , sir thomas manners , m r rawleigh , m r sollicitor , m r george cary , sir edward dymock , sir robert germin , sir william herbert , sir jahn higham , m r cromwell , m r doctor hammond , m r doctor james and m r edward lewkenor , who were appointed to meet this afternoon in the exchequer-chamber for that purpose . vide plus concerning this business on monday the th day of this instant december following , and on thursday the th of february ensuing . after which the house conceiving the weight of this business required a greater number of committees , did further nominate these following , viz. m r atturney of the wards , m r beale , m r candish , m r blage the master of the requests , mr. wolley , mr. doctor fletcher , mr. skinner , mr. william stoughton , mr. thomson , mr. recorder , mr. morrice , mr. alford , sir william moore and mr. wroth , who were appointed to meet this afternoon at the place aforesaid . two bills , lastly , had each of them one reading ; of which the second being the bill for the continuation and explanation of certain statutes , was read the first time . on thursday the th day of december the bill for assurance of certain lands of sir thomas lucy and others was upon the second reading committed unto mr. digby , mr. barker , mr. cradock and others , who were appointed to meet to morrow in the middle temple hall. the bill for confirmation of letters patents granted unto mr. walter rawleigh , was brought in by the committees not altered in any word ; and upon motion for ingrossing , was after some arguments upon the question , ordered to be ingrossed . mr. doctor awberry and mr. doctor barkeley did bring from the lords two bills ; the one for the restitution in blood of the lord thomas howard , and the other for the paving of newarke upon trent ; with request from the earl of rutland unto mr. speaker for expediting of the same bill for the paving of newark upon trent . the bill against jesuits , seminary priests , and such like disobedient subjects , having upon the third reading passed the house , was sent up to the lords by mr. treasurer , mr. chancellor of the exchequer and others . the bill upon the reading passed the house with little or no argument , except it were from one doctor parry , who in very violent terms spake directly against the whole bill , affirming it to favour of treasons , to be full of blood , danger , despair and terrour or dread to the english subjects of this realm , our brethren , uncles and kinsfolks , and also full of confiscations , but unto whom ? not , said he , to her majesty , ( which he wished they were ) and said , he did not think the contrary , but that zeal would cause the bill to have passage both in this house and with the lords , but yet he hoped when it should come into her highnesses most merciful hands , that it would stay and rest there ; until which time ( he said ) he would reserve his reasons of his negative voice against the bill , then to be discovered by him only unto her majesty . whereupon dr. parry , by order of this house , was appointed to be sequestred into the outer room of this house into the serjeants custody , and without conferring with any , whiles the matter now in question concerning his former speeches against the bill last passed is in debating or arguing , until he shall be called in again . and afterwards being brought to the bar , and there kneeling upon his knee , he was told by mr. speaker in the name of the whole house , that if he thought good , the house was contented to hear him what reasons he could yield for himself in maintenance of his said speeches against the aforesaid bill to the better satisfaction of this house , or what other matter of excuse he could alledge touching his former contempt uttered in the presence of this said house in very unseemly manner , and in unfitting words , in that he did speak so directly , reproachfully and absolutely against a bill first travelled in and publickly allowed of in the house , and then considerately and maturely perused and digested by so great and grave a committee selected and framed out of the ablest members of this house , who having further diligently and dutifully laboured therein , and brought it again into the house with one unanimous approbation of it as of a good and necessary bill ; and that , lastly , it had been also so approved of this day , and upon the third reading had passed the house ; and yet that he the said doctor parry had termed the said bill to be a bill savouring of treasons , and to be full of confiscations , blood , danger , despair and terrour to the subjects of this realm ; and withal that he would well prove and justifie the same by good reasons which nevertheless ( he said ) he would not deliver to this house ; but would reserve them only to be revealed to her majesty . whereupon being further demanded , as aforesaid , what further excuse or defence he could make for himself , he answered , that what he had said ( and bound it with a protestation ) was without any intent of offence towards the queens majesty ( to whom he owed all dutiful obedience ) or towards the house ; and made repetition of his said former words , and still avowed the justification of the same . and so entring into some declaration of his own estate tending altogether to his own credit , as of his sundry good services done to her majesty , his reputation with persons of good sort , and other such like speeches in his own commendation , concluded in the end , that as before when he spake to the bill , and gave his negative voice to the same , he then concealed his said reasons from this house , so he would now conceal the same still . whereupon being sequestred again , it was resolved , that for that he did speak to the bill and gave his negative voice so directly and undutifully , and in contempt of this house would not shew his reasons for the same , being meerly against the ancient orders and usage of this high court , and not for that he said he would shew them only to be discovered to her majesty , it was resolved , that he should be committed to the serjeants ward till the matter shall be further considered of by this house , the day being then very far spent . vide concerning this matter on friday the th day , wednesday the . day , and on thursday the th day of this instant december following . on friday the th day of december the bill touching appeals out of the ecclesiastical court , was upon the second reading committed unto mr. treasurer , the master of the requests , mr. doctor hammond , mr. sands , mr. cromwell , mr. doctor cousin , mr. barker , mr. flower , mr. wolley , mr. beale ; and the bill was delivered to mr. treasurer , who with the rest was appointed to meet this afternoon in the exchequer-chamber . the bill also for the restitution in blood of the lord thomas howard had this day its first reading ; and the bill for confirmation of letters patents made unto walter rawleigh esquire , was upon the third reading after many arguments and a proviso added unto it , passed upon the question . sir christopher hatton knight , her majesties vicechamberlain , declared unto the house , that her majesty having heard of the great and dutiful care of this house in devising and providing of laws for the preservation of her majesties royal person , doth accept the same in most humble , loving and thankful part ; and having thereupon inquired of the manner and parts of the same laws , doth both very well like and allow of the same , and is also of her own most loving and merciful disposition pleased that all persons barred or disabled by force of the same law , as it now is , shall be first called to answer and be heard what they can say in excuse of themselves , before they shall be prejudiced in their pretended right or titles . and also that her majesty will take away the proviso in that law , by which any of these subjects which have taken the oath of association , might any way hereafter by any possibility be touched in conscience . and then made a motion that a convenient committee of the wise and grave members of this house might be appointed to consider of the said former bill already ingrossed , and so then to devise another to be conceived according to the purport of her majesties pleasure in that behalf , so as before is signified . whereupon it was then resolved , that all the former committees , and m r george ireland now added unto them , should meet together for that purpose this afternoon in the exchequer chamber . and further the said m r vice-chamberlain also declared unto this house , that her majesty having been made privy unto the mis-behaviour of mr. doctor parry yesterday shewed in this house , and of the order of this house taken therein with him for the same , her highness doth not only deem him to have given just cause of offence unto this house in the same his misdemeanor , but also doth very well allow of the grave discretion of this house in forbearing for the time to use any sharp course of correction against him for his said offence , in respect that he had said he reserved his reasons to be imparted to her majesty only ; which as he had discovered unto some of the lords of the council by her highnesses appointment , and that partly to the satisfaction of her majesty , so her highness did think that upon his humble submission unto this house with a dutiful acknowledgment of his fault , this house would the rather dispense with him therein . which done , m r doctor parry was called to the bar , where humbly acknowledging his fault upon his knees , it was told him by m r speaker , after he had put him in remembrance of the manner of his offence , that it might be the house would nevertheless deal favourably with him , if they should see such cause upon his unfeigned and earnest confession and repentance of his fault , and his humble submission unto the house with good and dutiful endeavour of amendment hereafter . and then kneeling upon his knee in very humble manner affirmed directly , that he had very undutifully misbehaved himself , and had rashly and unadvisedly uttered those speeches he used , and was with all his heart very sorry for it ; alledging withal that he had never been of this house before this session , and so could not so well know the orders of the house as he should do , and that he would not willingly offend this house nor any man in it , and so humbly prayed their good favour towards him . whereupon being sequestred again out of the house , it was after some arguments and speeches had , resolved , that upon that his said acknowledgment of his fault and his humble submission , he should be received into this house again as a member of the same , and take his place as before , so that he would afterwards use himself in good sort as he ought to do . and thereupon being called again to the bar , and there kneeling upon his knee , and directly reiterating his former confession of his fault , and also his former humble submission , protesting further that if ever after he should give any just cause of offence again to this house or any member thereof , he would then never after crave any more favour of them . whereupon m r speaker declared the good pleasure of this house in remitting his said offence by receiving him again into them , with condition and hope of his better behaviour hereafter . which as he prosessed and promised to perform accordingly , so did he in very good dutiful sort give most humble thanks unto god and to her majesty , and also unto this whole house and every member of the same , for their good , courteous and favourable dealing towards him in this behalf . vide february the th and february the th postea . on saturday the th day of december four bills of no great moment had each of them one reading ; of which the second being the bill touching the keeping of the great sessions of the peace and the assizes for the town of caernarvon to be kept in the town of caernarvon , was read the third time . and the third being the bi for restitution in blood of the lord thomas howard had this day its second and third reading . and three bills thereupon were at this time sent up to the lords by m r treasurer and others , which had not been delivered , because their lordships were risen and departed before their coming . vide on december the th last past , when two of them had been sent up . a motion was made in the house , that their lordships might be sent unto , to know the reason of the new manner of indorsing their bills . for whereas in former times all bills sent down from the lords to the house of commons were ever indorsed in the lower part of the same bills ; contrary to the said accustomed use , the bills which were lately sent down from their lordships , were indorsed in the upper or higher part of the same , which the said m r treasurer and the rest at this time sent up to the upper house with the aforesaid three bills , did accordingly impart to their lordships . vide plus de ista materia on monday the th day of this instant december following . the bill for hue and cry was read the second time during the absence of m r treasurer and the rest , as aforesaid . the reading of which bill being ended , m r treasurer and the residue returning from the lords , brought word , that he the said m r treasurer imparted unto their lordships the request of this house for conference with their lordships both for the bill touching the sabbath ( de qua billa vide on wednesday the th day of march ensuing ) and also for the petitions of the griefs of this house ; unto both which the lords said , they would by and by send their answer . vide concerning petitions on thursday the th day of february ensuing . m r vice-chamberlain declared unto this house , that her majesty graciously considering the great pains and careful travel of this house in the service and affairs of the realm , hath determined upon monday next to adjourn the court of parliament until some other convenient time after christmas , that such gentlemen and other members of this house may the more conveniently repair home to their houses in the mean time for their better ease and recreation . and so moved further , that ( as before that time of adjournment being upon monday next ) there can nothing of great moment possibly be prepared to passing ; so he wished that the same short time may be imployed in the speeding of such bills as are nearest to the passing ; and mentioned some of those which came unto us from the lords , and that the residue may rest in the same case of furtherance in the mean time as now they are in . m r serjeant gawdy and m r doctor ford did bring from the lords again the bill for the restitution in blood of the lord thomas howard amended in the indorsement , viz. indorsed under the bill , and the former indorsement above razed out . the bill for restitution in blood of the lord thomas howard was sent up to the lords by m r treasurer and others ; and also the bill for paving of the town of newark upon trent , the bill for the town of caernarvon , and the bill for fraudulent conveyances ( all which came from their lordships before not rightly indorsed ) were sent up to their lordships to have the same indorsements reformed and amended , as that in the bill for the lord thomas howard was before amended . the bill for the true answering of the debts of edward fisher was read the first time . vide on monday the . day of february ensuing . m r richard lewkenor ( one of the committees in the bill to avoid partial juries and tryals ) in the name of himself and the residue of the same committees brought in the old bill , and also a new bill , praying that the same new bill may be read accordingly . the bill for reformation of errours in fines and common recoveries in the twelve shires of wales , was upon the second reading committed unto m r sollicitor , sir william herbert , m r penruddock , m r david williams and others , who were appointed to meet upon thursday next in the afternoon in lincolns-inn-hall . after which the bill for continuance and explanation of divers statutes , had its second reading . m r serjeant gawdy and m r doctor barkeley did bring from the lords the bill touching the sabhath day , with message from their lordships , that they can find by no precedent that they can now add any thing at all ( upon our conference ) to their former additions inserted into the said bill , and do think withal , that those things we desire are already provided for in their said additions as the bill now standeth ; and do therefore pray , that being so good a bill as this is , they will have care it do not miscarry ; and so departed . whereupon it was then thought good to reserve the bill , in state as it was , till it may be further considered of by view of the precedents of this house in like cases . and sir thomas heneage , m r sollicitor , m r recorder , sir william moore , m r cromwell , and m r sandes were appointed to search the precedents of this house for that purpose in the mean time of the next sitting of this court after the said adjournment . vide plus de ista materia on wednesday the th day of february ensuing . the bill for the preservation of grain was ordered upon the question to be discontinued ; and divers others of no great moment , as touching ecclesrastical livings , maintenance of the navy , and the like , were continued until the end of this adjournment , which was now drawing on , on monday next , being the th day of december . and the committees appointed for the continuance of them were these following , viz. m r vice-chamberlain , m r chancellor of the exchequer , sir thomas heneage , sir thomas cecil , sir william moore , m r sollicitor , m r lieutenant of the tower , sir richard knightley , m r francis hastings , sir nicholas woodroofe , m r dannet , m r haymond , m r cromwell , m r owen , m r rawleigh , m r grafton , sir francis drake , m r doctor hammond , m r wolley , m r grice , sir henry nevill , sir john peter , sir william drury , sir robert conestable , sir robert germin , sir henry cock , who were appointed to meet on thursday after christmas-day in the afternoon at two of the clock at ely place . after m r vice chamberlain's late former speeches delivered unto this house of her majesties good and grateful acceptation of the earnest and dutiful care and proceedings of this house in providing for the safety of her most royal person , and of her highnesses said most loving and favourable regard of adjourning this court of parliament for some such convenient time , as during which the greater part of the members of this house may at their pleasure repair home to their dwellings , as well for their better recreations and ease , as for their further dealing in their own private affairs ; it was moved by mr. speaker , that some due form or course of yielding unto her majesty most humble and dutiful thanks for the same her said highnesses most honourable and gracious acceptation and consideration , in the name and behalf of this whole house , in most loyal , humble , dutiful and obedient manner , may be considered of and devised . whereupon after a few speeches resolved and prayed , that the same should and might be done most fitly and conveniently by those honourable personages members of this house , which are of her majesties most honourable privy council , who being then present , did very willingly and honourably undertake to execute the same most faithfully and effectually . on monday the th day of december three bills of no great moment had each of them one reading ; of which the first being the bill for the true payment of the debts of edward fisher esquire , was after the second reading committed to the former committees , ( who were appointed on tuesday the th day of this instant december foregoing ) and mr. recorder was added unto them . vide february the th monday pojlea . the second of the said bills being for hue and cry , was brought in again by the committees somewhat amended ; and the amendments being twice read , the bill with the said amendments was ordered to be ingrossed , and the third bill touching under-sheriffs had its first reading . mr. sollicitor and mr. recorder were added to the former committees for sir thomas lucy's bill . sir george cary , one of the committees in the bill for the good government of the city of westminster , in the name of himself and the residue of the committees , brought in the bill with some amendments . mr. treasurer declared that he and the residue of this house which are of her majesties privy-council , did yesterday according to the charge of this house laid upon them recommend unto her majesty the most humble , dutiful and loyal thanks of this house for her highnesses good nion conceived of this whole house , and her loving and thankful acceptation of their service ; which as ( he said ) her majesty did take in most loving and good part , so did he refer her highness's further answer therein to the report of m r vice-chamberlain , being charged by her majesty to deliver the same speeches unto this house from her highness . whereupon sir christopher hatton knight her majesties vice-chamberlain standing up did very eloquently and very earnestly set forth her majesties most princely , gracious and kind acceptation of the humble and most dutiful thankfulness of this house so presented unto her highness , to her right great and high satisfaction , joy and comfort ; and declared withal that her highness did for the same give most hearty and loving thanks unto this whole house , yea and that in redoubling to them their thanks ten thousand thousand fold ; and so further very excellently , amply and aptly shewed both the ready , careful and obedient affections of this whole house to the dutiful service of her majesty , and also on the other side her highness incomparable princely accompt and regard of all such loyal , loving and faithful subjects ; and concluded , that her majesties pleasure was , that this house should well know , that in the consideration of the free course of the gospel of jesus christ amongst us , our long continued peace and plenty of gods good blessings and benefits bestowed upon us under the ministry of her highness , her majesty doth most sincerely ascribe all the same only and wholly to the great goodness and mercy of almighty god , attributing the cause of these good effects ( next under gods providence ) to the good demerits of so religious , godly and obedient subjects , of whom how well and kindly her majesty doth think and conceive , her highness had much rather have told them in her own most royal person , than have signified it unto them by any other , if it might have conveniently been so done , as upon the opportunity of a prorogation or dissolution of this court. and further declared , that her majesty having regard to the great charges and expences of their attendance in the service of this great council of the realm , wisheth them at their next meeting again to bestow the time as much as may be in publick and general actions fittest for the common-weal of this realm , and that with as little loss of time as may be . and withal , that those of this house towards the law would join together to do their best endeavours to devise some good laws to abridge and cut off the long tedious courses and extream chargeable circuits and superfluous delays of suits in law ; not doubting but that in so doing god will bless their wealth and good estates , both in themselves and in their posterity . and so having , as he thought , dutifully imparted unto them the sum and substance of her majesties pleasure and message committed unto this house by him , though not in such effectual and singular kind terms and forms as her princely wisdom delivered the same unto him ; and so referring himself to the residue of this house of her majesties council then and now present to be put in remembrance by them , if he have omitted any part thereof , and they affirming he had not , he ended his speech . m r doctor ford and m r doctor barkeley did bring from the lords the bills amended in the indorsement , which before were sent from this house unto them for that purpose , after they had been first sent unto this house from their lordships . nota , that on saturday the th day of december last past the house of commons taking exceptions at this last mentioned matter about indorsing of bills in the upper parts of them , whereas it ought to be done at the nether and lower part , the lords did very respectively both then and now take away their said grievance by the alteration of the indorsements aforesaid according to the usual and ancient form . mr. treasurer touching the petitions and grievances of this house drawn into some certainty of convenient particularities to be then afterwards moved by them unto the lords by way of petition , and request unto their lordships in the name of this whole house to join with this house in the considerations of the said petitions and grievances , and to exhibite unto her majesty the humble suit of this house in that behalf , shewed , that he and the residue of the committees according to the charge of this house unto them , have sundry times met together and set down in writing such particular contents of the said petitions and griefs as they resolved to impart unto the lords . and further , that having moved their lordships already in the matter , they have received answer , that when their lordships have further considered and conferred thereof amongst themselves , they will then send for the said committees of this house to receive their lordships answer therein . vide concerning this business on thursday the th day of february ensuing . word was brought to mr. speaker by the serjeant of this house , that one at the door was come from the higher house to require that the committees of this house do presently repair unto their lordships ; which done and signified unto this house by mr. speaker , the said committees went up presently unto their lordships accordingly . mr. sollicitor touching the returns of some knights returned into this present parliament , and for some doubts and questions arising in this house upon the same , and afterwards by this house referred unto him and m r recorder of london for making of search of the returns of the writs and indentures thereof , shewed , that they can only find the cause of this question to arise upon the election of mr. bevill and mr. darrington to be knights for the county of huntington , which they are the rather confident of , because none others attended them or came unto them in this matter but only the said elected knights , who , as those also who opposed them , brought their councel on both sides , and were fully heard what they could say : after which also mr. recorder and himself desiring fully to inquire into this matter , had conferred and devised therein with the clerk of the crown-office in the chancery , and comparing those records together with some of the statutes ordained in those cases , they do find such difference in them tending to matter of effect , and to be answered by the sheriff if there be cause , and not for any matter in their opinions for this house to deal with , whereby to cassate or make void the said election as they take it . and yet because that resteth now chiefly upon matter of precedents to see further how this house may decide this cause , he declared , that mr. recorder and he will make further search of the precedents in like cases with the clerk of the higher house for that purpose , and then further to advertise this house as cause shall require . vide concerning this matter on tuesday the th day , and on saturday the th day of this instant december foregoing . the bill for the preservation of the haven of plymouth , was upon the second reading committed unto sir francis drake , m r wroth , mr. edgcombe and others , who were appointed to meet the third day of the next sitting of this court in lincolns-inn hall in the afternoon of the same day . a new bill that parsonages impropriate may be disposed to godly and charitable uses , was read the first time . mr. sollicitor touching the excessive number of penal laws in force , very intolerable to the subjects , neither possible to be kept , and yet not any put in execution , as that for apparel in king h. . his time and such like , moved that a committee be had of some selected members of this house learned in the laws to make a view of the same laws against the next sitting of this court after the adjournment of the same , to the end that this house may then thereupon proceed to some course of diminishing the great number of the same , as upon due considerations in that behalf to be had shall be further thought meet and convenient . and thereupon were named and chosen for that purpose all the privy-council being of this house , mr. sollicitor , mr. recorder of london , mr. morrice , mr. sandes , mr. attorney of the wards and others , who were appointed to meet on wednesday before the next term in the afternoon in lincolns-inn hall. the bill for paving of the town of newark upon trent , after the third reading , passed upon the question . mr. treasurer and the residue of the committees returning from the lords he declared , that they have received some answer from their lordships upon the conference , and referred the report thereof to mr. chancellor of the exchequer , as unto whom the same was by their said lordships appointed to be delivered over unto this house . whereupon mr. chancellor of the exchequer declared , that their lordships had caused the said notes in writing to be read in the house , and their lordships found the said grievances to concern but some particular countries and not the whole realm , to wit , the countries only of warwick , lincoln and essex , and therefore might be considered to be reformed in time by some other convenient means : but being answered by the committees of this house , that albeit there were petitions in writing exhibited but for these three counties , yet by motions and speeches in the house it well appeared to be the grief of the whole realm . which their lordships having understood did feelingly express how sensible they were of it , and how truly they did join with us of the house of commons in wishing the reformation thereof , and were now ready to aid us with their best assistances therein as erst in the two last former sessions of parliament they had done , at both which times her majesty had thereupon commanded some of the lords of the clergy to take care and consideration of the same causes , wherein as little or nothing hath been done for case or redress of the same , so their lordships of the upper house ( not minding to impute the fault thereof to any , and yet remembring withal that their lordships were present when her majesty by the mouth of the lord chancellor did give commandment unto mr. speaker not to deal in the house of commons with matters concerning religion or the church without her highness pleasure first known , and therefore do also take the same commandment to extend as well to their lordships as to this house ) have resolved that those of the lords which are of her majesties privy-council do first move her highness to know her majesties pleasure therein before they proceed any further in the matter . the lord chief justice of england , the lord chief justice of the common-pleas , the lord chief baron of the exchequer and the master of the rolls being sent down from the lords to the house of commons and admitted into the said house , the said lord chief justice having in his hand a commission under the great seal of england declared unto mr. speaker that her majesty having given authority by commission under the great seal of england unto divers of my lords the bishops , earls and barons of the upper house to adjourn this parliament unto the th day of february next coming , the said lords commissioners have adjourned the same in the upper house , and their lordships have thereupon also sent them to this house to signifie the same adjournment over unto this house , that the knights , citizens and burgesses and barons of this house may likewise take notice of the same adjournment accordingly . which thing was also after their departure out of this house declared unto this house by mr. speaker . and so thereupon this court by warrant and in sorm aforesaid , was adjourned unto the said th day of february next coming . which done , m r vice-chamberlain standing up and putting the house in remembrance of her majesties most princely and loving kindnesses signified unto this house in the former messages and declarations of her highnesses thankful acceptations of the dutiful cares and travails of this house in the service of her majesty and the realm , moved the house , that besides the rendring of our most humble and loyal thanks unto her highness , we do , being assembled , altogether joyn our hearts and minds together in most humble and earnest prayer unto almighty god for the long continuance of the most prosperous preservation of her majesty , with most due and thankful acknowledgment of his infinite benefits and blessings poured upon this whole realm through the mediation of her highnesses ministry unde him . and he said , he had a paper in writing in his hand devised and set down by an honest , godly and learned man , and which , albeit it was not very well written , yet he would willingly read it as well as he could , if it pleased them to follow and say after him , as he should begin and say before them . which being assented unto most willingly of all the whole house , and every one kneeling upon his knees the said m r vice-chamberlain begun the said prayer . which being ended , every one departed away for that time , until the said day of adjournment . nota , that the aforesaid commission did bear date this present th day of december , and that this parliament was adjourned by it from the said day unto the th day of february ensuing , which was for the space of forty four days ; at the end of which said days either house met again according to their usual and accustomed manner as followeth , ( viz. ) on thursday the th day of february ( to which day the parliament had been on monday the th day of december foregoing last adjourned ) either house assembled together without all manner of pomp or solemnity , as at other ordinary and usual times , and so fell to the reading of such bills , and treating of such other businesses as did remain unfinished upon their last adjournment . the first work which the house of commons entred upon this morning after prayers , was the reading of some bills not yet passed in their last meeting , being four in number , whereof the last being the bill for following of hue and cry , was upon the third reading committed unto sir henry cock , m r morrice , m r wroth , m r sandes , m r conisby , and others ; and the bill was delivered to m r sandes , but neither the place or time of their meeting are set down . on friday the th day of february the bill for confirmation of her majesties letters patents granted to the queens colledge in oxford was twice read , and thereupon committed unto m r sandes , m r mills , m r wade , and others , ( and the bill was delivered to m r sandes ) who were appointed to meet to morrow in the afternoon in the middle temple hall. after which four other bills of no great moment had each of them one reading ; of which the last being the bill for explanation of the statute lately made for the maintenance of rochesier bridge , was upon the second reading committed unto sir philip sidney , m r wotton , m r diggs , and others and the bill was delivered to m r wotton , who with the rest was appointed to meet to morrow in the afternoon in the middle temple hall. it was agreed upon the motion of m r speaker that the house should be called to morrow morning . on saturday the th day of february two bills after the third reading passed upon the question ; of which the last was the bill that parsonages impropriate may be disposed to godly and charitable uses . the bill for the hue and cry was delivered in again by the committees with an addition of amendment to the same in paper ; which addition being twice read , was ordered to be ingrossed and added to the same bill . on monday the th day of february three bills of no great moment had each of them one reading ; of which the last being the bill to provide remedy against fraudulent conveyances was after the second reading put to the question , whether it should be committed or no ; and the voices for the no appearing upon the division of the house to be , and the voices for the yea to be but , was ordered not to be committed . the addition to the bill for hue and cry being ingrossed , was read the third time , whereupon it passed upon the question . on tuesday the th day of february the committees in the bill for the staple fish were appointed to meet upon friday next in the middle temple hall. the committees also in the bill for shoo-makers were appointed to meet on saturday next at the guild-hall in the afternoon , and m r wotton and m r harries of lincolns-inn were added unto them . four bills of no great moment had each of them one reading ; of which the last being the bill for repairing and maintenance of sea-banks and sea-works on the sea-coasts in the county of norfolk was upon the second reading committed unto sir william dymock , sir robert germin , sir drew drury and others , and the bill was delivered to sir drew drury , who with the rest was appointed to meet upon friday next in the afternoon in the middle temple hall. the bill for following of hue and cry , the bill for swearing of under-sheriffs , and the bill that parsonages impropriate may be disposed to godly and charitable uses , were sent up to the lords by mr. treasurer , mr. vice-chamberlain and others . mr. lewkenor , one of the committees for rochester bridge and the glass-houses , brought in the bill touching rochester bridge with some amendments ; which bill being then read again , and the amendments being twice read , it was ordered to be ingrossed . a new bill also concerning glass-houses was delivered in by the said mr. lewkenor with some alterations and amendments . another bill also of no great moment concerning the dying of woollen clothes , was upon the second reading committed . on wednesday the th day of february six bills of no great moment had each of them one reading ; of which the last being the bill touching collectors of issues by juries , was read the third time , and upon the question was committed to the present consideration for a proviso unto m r chancellor of the exchequer , m r cromwell , m r sands , and others , to confer presently in the treasury-chamber . upon a motion this day made touching the opinion of this house for priviledge in a case of subpoena out of the chancery , served upon richard cook esquire a member of this house , returned a burgess to this present parliament for the borough of limmington in the county of southampton , it was ordered , that m r recorder of london , m r sands and m r cromwell attended on by the serjeant of this house , shall presently repair in the name of the whole house into the body of the court of chancery , and there to signifie unto the lord chancellor and the master of the rolls , that by the ancient liberties of this house the members of the same are priviledged from being served with subpoena's ; and to require withal not only the discharge of the said m r cook his appearance before them upon the said subpoena , but also to desire that from henceforth upon like cases the said lord chancellor and master of the rolls will allow the like priviledges for other members of this house to be signified unto them in writing under m r speakers hand . vide de ista materia in die sequenti . it was ordered , that m r anthony kirle of the middle temple shall be warned by the serjeant of this house to morrow in the afternoon ( sitting the court ) to answer unto such matters as shall be then and there objected against him by this house on the behalf of alban stepneth esquire , being a member of this house , returned a burgess into the same for the town of haverford west . vide plus de ista materia on the day next ensuing . on thursday the th day of february the bill against partial juries and tryals , was upon the second reading ordered to be ingrossed . m r recorder of london , m r cromwell , and m r sandes being returned from the chancery , did declare unto the house , that they have been in chancery within the court , and there were very gently and courteously heard in the delivery of the message and charge of this house committed unto them , and were answered by the lord chancellor , that he thought this house had no such liberty of priviledge for subpoena's , as they pretended , neither would he allow of any precedents of this house committed unto them formerly used in that behalf , unless this house could also prove the same to have been likewise thereupon allowed and ratified also by the precedents in the said court of chancery . and after some other speeches and arguments , the said mr. sandes and mr. cromwell were further appointed to search the precedents of this house against to morrow , that thereupon this house may enter into further consideration of the state of the liberties and priviledges of this house accordingly . vide plus concerning this matter amongst the passages of the day foregoing . three bills of no great moment had each of them one reading ; of which the last being the bill to avoid partial tryals and juries , was read the third time , and passed upon the question . mr. roger erith esquire , one of the burgesses for the borough of wilton in the county of wilts being sick , was upon a motion made to this house , licensed to depart into the country for the better recovery of his health . upon a motion made by mr. recorder , that those of this house towards the law , being the most part of them at the bars in her majesties courts attending their clients causes , and neglecting the service of this house , be called by the serjeant to repair unto this house presently , and to give their attendance in the service of the same , it was ordered , that the serjeant of this house do forthwith repair unto all the said courts , and there give notice and charge from this house , that all those of this house that are in any the same courts , or at any of the bars of the same courts , shall presently make their repair unto this house , and give their attendance here . and the said serjeant being sent shortly after , many of them came into this house upon the said commandment accordingly . after which said motion the bill touching collectors of issues lost by juries , was passed upon the question , without allowance of any proviso from the clerks of the extracts in the exchequer . upon a motion made by sir william herbert , that mr. recorder of london who erst made a motion to this house , that those of the law being members of this house , and then attending at the bars in the courts in the hall , might be sent for to give their attendance here in this house , being now since their coming in gone out of the house himself , and as he was informed , was presently pleading at the common pleas bar , to the great abuse of this whole house , might be forthwith sent for by the serjeant to answer his said contempt ; it was ordered , that the serjeant of this house do forthwith go to the said common pleas bar , and charge the said mr. recorder to make his present repair unto this house for his attendance , but not to answer to any contempt . the bill touching the water-bailiff was read the first time . five other bills of no great moment had each of them their last reading , and were sent up to the lords by mr. treasurer and others ; of which the last was the bill of explanation and addition unto the former statute for maintenance of rothester bridge . mr. anthony kirle was brought to the bar by the serjeant of this house , and charged by mr speaker in the name of this whole house with a contempt to this house , for that he had served alban stepneth esquire , being a member of this house ( returned into the same a burgess for the town of haverford west ) with a subpoena out of the star-chamber in the parliament time , and within the palace of westminster , as the said mr. stepneth was coming to this house to give his attendance there , and further afterwards procucured an attachment out of the said court against him , to the great hinderance and impediment of the said mr. stepneth his service and attendance in this house , and also to his great cost and charge . to which he answered , true it was he served a subpoena upon the said mr. stepneth in a cause of suit , not then knowing him to be a member of this house , and afterwards understanding that the said mr. stepneth made default of his appearance upon the said subpoena , and that four or five days after the return of the writ he made an affidavit in the said court of the serving of the said subpoena , and so obtained an attachment against the said mr. stepneth ; at which time he was told by one of the attornies of that court , that the said mr. stepneth was a member of this house ; alledging that before that time he knew him not to be of this house , and did then also forbear to cause the said attachment to be executed upon him : in doing whereof if he have given cause of offence or contempt unto this house , as he had done the same ignorantly , so did he ( he said ) humbly submit himself therein to the good and favourable consideration of this house . which done , he was sequestred out of the house . and then after sundry motions had in the same matter , and by some of which it appeared that the said mr. stepneth had with payment of money to mr. kirle's attorney redeemed his liberty from being arrested by the said attachment ; it was at last resolved by this house , that the said mr. kirle had committed a great contempt to this whole house , and the liberties and priviledges of the same , both in serving the said subpoena upon the said mr. stepneth , and also in procuring the said attachment against him , and in all the residue of the parts of the said suit from the time of serving the said subpoena thitherto . and thereupon ordered and adjudged by this house , that the said anthony kirle shall for his said contempt be committed prisoner to the serjeants ward and custody , there to remain during the pleasure of this house , and shall also satisfie and pay unto the said mr. stepneth as well all such his costs and charges and expences by him expended in and about the same suit as shall be set down and agreed upon by mr. morrice and mr. miles sandes , who were for that purpose appointed by this house to confer with the said mr. stepneth , and to examine those charges ; as also all other charges which the said mr. stepneth hath been at , or defrayed unto the said serjeant in or about the arresting which should have been executed upon him by virtue of the foresaid attachment out of the said star-chamber at the suit of the said mr. kirle . after which the said mr. anthony kirle was brought again to the bar , and there kneeling upon his knees , was asked by mr. speaker , whether he had received of mr. stepneth any money for the charges of the said attachment ? he answered he had not , but his attorney had . and being asked , whether his attorney did receive it to his use or no ? he said his attorney did allow it to him in the payment for the copy of mr. stepneth his answer . and then mr. speaker pronounced unto him the said judgment in form aforesaid in the name of this whole house . after the pronouncing whereof he humbly besought this house of their favourable goodness to grant him liberty to follow some causes of his own , and also some other of his clients ; but it was denied him , and so he was had away by the serjeant . and after his departure upon some motions , that consideration might be had of his clients causes , the term now continuing but one day more , it was referred to mr. speaker's liberty to let him follow his own causes and his clients with his keeper attending upon him . vide principium hujus materiae die praecedente , & vide consimilem casum in parliamento de anno reginae eliz. on friday the th day of february . on friday the th day of february five bills were had in agitation in the house , whereof two concerning the government of the city of westminster and the assurance of sir thomas lucy were brought into the house by the several committees of them with proviso's and amendments added unto them ; which they did humbly offer to the consideration of the house ; and the other three of no great moment had two of them one reading apiece , and the third two readings , which was the bill for the good government of the city of westminster , viz. the body of the bill had one reading , and the amendments two , and then it was ordered to be ingrossed upon the question . one of the said three bills last mentioned to have been read was a new bill brought into the house for the true answering of the debts of edward fisher esquire ; after the first reading whereof upon a motion made concerning it , it was ordered , that the said edward fisher should be sent to by the serjeant of this house to warn him to be in this house himself upon monday next , if it please him to procure himself a writ for that purpose , or else that his councel be then there for him to shew cause , if he have any , why this house should not proceed to the expediting and passing of the same . vide plus de ista materia on monday the th day of this instant february following . on saturday the th day of february , the bill touching the breadth of woollen-cloths was upon the second reading committed unto mr. vice-chamberlain , mr. treasurer , mr. chancellor of the exchequer , sir thomas heneage , sir john peeter and others , and the bill was delivered to mr. treasurer , who with the rest was appointed to meet on monday next in the afternoon in the parliament chamber or pension chamber of the middle-temple . m r recorder of london , m r morrice and m r penruddock , were appointed to hear and examine the state and manner of the serving of process upon any the members of this house from time to time during this session as occasion thereof shall fall out , and after such information and intelligences thereof then further to impart the same to this house as occasion shall serve for further resolution . three bills of no great moment had each of them one reading ; of which the second being the bill for explanation of the statute of h. . touching pluralities of benefices , &c. was upon the second reading committed unto sir drew drewry , sir robert germin , sir richard knightley , m r recorder of london and others , who were appointed to meet upon tuesday next in the afternoon in the middle-temple hall. a proviso to the bill concerning certain assurances of sir thomas lucy and others , was twice read and ordered to be ingrossed . m r morrice , m r atkins and m r alford , were added to the former committees to meet this afternoon in the middle-temple hall to hear m r arnold and his councel touching the said bill and proviso . the amendments in the bill against glass-houses and glass-making was twice read and ordered to be ( with the bill ) ingrossed . on monday the th day of february , m r william stoughton offered unto this house a certain supplication in parchment of certain abuses in the ministry within the county of leicester , and also a note of certain articles in paper concerning some disorders in the bishops ministry ; and also m r edward lewkenor offered another petition in parchment touching the abuses in the ministry in the behalf of the inhabitants in the east part of the county of sussex . all which by order of the house were read . and then also was read another like petition in paper for the inhabitants of the parish of holkstone in the county of kent , which was before the last adjournment of this court offered unto this house by m r john moore ; and after sundry speeches and motions had touching the said petitions , m r chancellor of the exchequer putting the house in mind of the like petitions in effect offered unto this house in the sitting before the last adjournment , and imparted to the lords by a committee of this house , with humble suit unto their lordships to be a mean therein to her majesty , desired them that they would now forbear any further to deal with these petitions , until this house have first received answer from the lords of the said others ; alledging further , that he had very lately put some of their lordships in remembrance thereof on the behalf of this house ; and that he was answered , we should hear from their lordships to morrow next touching their answer of the same petitions . whereupon it was then thought good by this whole house to expect their lordships said answer therein till then accordingly . vide concerning petitions on thursday the th day of february ensuing . the committees in the bills for actions upon the case for perfecting of assurances , and for fines and recoveries in the twelve shires of wales , were appointed to meet to morrow in the afternoon in lincolns-inn hall. upon a motion made by m r edward lewkenor , that some of this house may be appointed to draw a form of prayer and thanksgiving to be used in this house for the great benefits and blessings of god bestowed upon this whole realm in her majesty , and for the long continuance of the same , especially in this time of consultation this day appointed to be had and prosecuted in making of laws for the preservation and safety of her majesties most royal person ; it was agreed , that the said mr. lewkenor himself should take such of this house to him as he should think good , and devise and digest the same form of prayer and thanksgiving accordingly . the master of the rolls and the lord chief baron did bring word from the lords , that their lordships do desire present conference with some of this house in a matter of great importance , and that their lordships have appointed of themselves seventeen . whereupon were chosen presently thirty four of this house , viz. m r treasurer , m r comptroller , m r chancellor of the exchequer , the lord russell , sir thomas heneage , m r sollicitor , m r beale , m r wolley , sir robert germin , sir john higham , m r doctor james , sir richard knightley , sir george carey , m r edward lewkenor , sir henry cock , sir william moore , m r edward barker , m r branker the master of the requests , m r george greenfield , sir edward dymock , m r skinner , m r atturney of the wards , sir william mallory , m r strickland , m r david williams , m r harris , m r henry barkley , sir thomas shirley , m r robert bowes , m r recorder of london , m r morrice , m r william knolles , m r faunshaw , sir drew drury , m r oughtred , m r george digby , and mr. cheek , who repaired then presently to the lords accordingly . mr. yelverton being of the learned councel of one of the creditors of edward fisher esquire , and coming into this house for him , and also some of the creditors of the said edward fisher being likewise present in this house at the bar , the bill had in their presence its second reading ; and further order was then given that they be here again to morrow in the morning at the first sitting of this court. vide concerning this matter on monday the th day of february ensuing . three bills of no great moment had each of them one reading ; of which the last being the bill concerning the assurances of sir thomas lucie and others ( the proviso of it having been once read ) had it self the third reading , and passed upon the question with the foresaid proviso . the last former committees returning from the lords , mr. chancellor of the exchequer one of the said committees declared unto the house , that they attended the lords in the upper house according to the direction of this house to them in that behalf given , and that they found the lords not to want many of that number which was signified unto this house from them ; and withal that there were likewise almost as many of the committees of this house as were by this house appointed for that purpose . and that the lord treasurer being the chiefest of the committees of the lords , shewed unto the said committees of this house , that their lordships of the upper house being of such quality and calling as they are known to be , are one member of the parliament ; and also that the knights , citizens and burgesses of this house representing the whole commons of this realm are also another member of the same parliament , and her majesty the head ; and that of these three estates doth consist the whole body of the parliament able to make laws . and that none of the said two houses without the other can in any wise make laws . and withal , that therefore of ancient courtesie and custom , both the same houses have used mutual conference each with other in matters of doubt happening amongst them from time to time in making and establishing of laws , and that yet notwithstanding their lordships have heard by speeches abroad , not out of this house ( for they are not to take knowledge of any thing in this house ) that a bill to provide remedy against fraudulent conveyances passed with their lordships , and lately sent down from them to this house , was upon a second reading thereof in this house denied to receive a committee , whereof their lordships do greatly marvail and think it very strange not having known the like course used in this house before , especially the bill being so good and necessary for the common-wealth , and so specially recommended from their lordships to this house , both at the first sending down thereof to this house , and sithence . and being ( as their lordships are informed ) upon the reading thereof the first time nothing spoken unto at all , and now lately at the second reading thereof argued unto both with the bill and against the bill by sundry on both sides learned in the laws and of good account and discretion otherwise , which doth greatly import the bill very much to deserve conference without all contradiction . and further declaring that the said bill was very well favoured and liked of her majesty , yea in so much that her highness used to call it her own bill , that it was framed and drawn by her highness learned councel , very maturely and advisedly digested in the upper house with the privity and assistance of the judges there attending , considered of also in a committee amongst their lordships themselves , and with very great deliberation passed also with them , and as before specially recommended unto this house from them ; moved in conclusion , that this house would have such further consideration for proceeding in some convenient course in the said bill by conference or otherwise , as may in good discretion seem requisite . and not doubting , but as their lordships think many of this house have mistaken and misconceived some part of the said bill , so their lordships upon conference had ( they doubt not ) will resolve and satisfie them in the same . and therefore they desire to be advertised of the answer of this house therein as soon as may be conveniently . vide de ista materia in die sequenti . on tuesday the th day of february a motion was made for mr. kirles releasment from his imprisonment , and thereupon he was brought into this house , and kneeling upon his knees , making very humble submission unto this house and acknowledging his fault , alledging it also to have proceeded of ignorance and not of wilfulness , and likewise having paid to the serjeant of this house , to m r stepneth's use , three pound six shillings eight pence , set down by m r morrice and m r sands according to the former order of this house , was discharged paying his fees , after he had first taken the oath of supremacy . vide concerning this matter on wednesday the th day , and on thursday the th day of this instant february foregoing . upon a motion made by m r doctor james , that a member of this house yesterday having given great offence unto this whole house in charging this whole house generally with matter of accusation in those things which they do offer and prefer unto this house only by way of petitions and motions for redress of certain griefs in dutiful and convenient manner , may not so go away with those undecent forms of speech , but be further called to question for the same . m r atkins was thereupon licensed by the house to interpret his said speeches in his place without being commanded to the bar , who in very humble sort declared his intention , was very sorry for his over-sight , craved their good opinions and submitted himself to the good satisfaction of this house . five bills of no great moment had each of them one reading ; of which the last being against moor-burning , did upon the third reading pass the house , and was with two more of the said bills , and two other bills formerly passed ( the one for confirmation of her majesties letters patents granted to the queens colledge in oxford ) sent up unto the lords by mr. treasurer and others , with commission also given them to attend their lordships answer to this house for the petitions of this house exhibited unto them . mr. nicholas hare being one of the committees in the bill for repairing and amending of the sea-banks and sea-works upon the sea-coasts in the county of norfolk brought in the old bill , and also a new bill , which new bill had its first reading . mr. treasurer and the residue returning from the lords , mr. treasurer declared , that according to the appointment of this house they had moved the lords touching their lordships answer to the petitions of this house , and that thereupon their lordships sequestring the committees of this house in the outer chamber , did soon after send them word by the master of the rolls and the lord chief baron , that when their lordships shall first have received an answer from this house unto them touching their motion yesterday of the consideration of this house to be had touching the bill against fraudulent conveyances , their lordships would then make answer unto this house of the said petitions ; and willed further to know the answer of this house touching the said bill to morrow in the morning . vide concerning this business on thursday the th day of this instant february following . after the foresaid speech of mr. treasurer sir walter mildmay chancellor of the exchequer stood up , and having recited the summ of it , did further put the house in mind , that the lords did look for answer touching the said bill to morrow , and therefore advising to consider of it presently , shewed for his part his opinion touching the state of the said bill in sort as it is now , to be no further by this house dealt in but one of these two ways , to wit , either at the next reading thereof , being the third time of reading it , without any manner of addition or other alteration whatsoever to put it to the question for passing , or else leaving it as it now is , to begin a new bill in this house for the purpose of redress against frauds in such manner as this house should think fittest . and so after sundry other speeches and arguments had in the said matter the time being very far spent , it was deferred to be further considered of and spoken to again to morrow . vide touching this business on the day immediately foregoing . for that the warden of the fleet attending at the door of this house with edward fisher esquire cannot now for lack of time bring in the said fisher to make his appearance , further day was given him to be here again to morrow in the morning . vide concerning this business on monday the th day of this instant february ensuing . on wednesday the th day of february the committees in the bill concerning staple fish were appointed to meet in the open exchequer-court at two of the clock this afternoon . the committees also for shoomakers and curriers and clothiers were appointed to meet in the middle temple hall this afternoon . mr. morrice brought in the old bill against vicious life and idleness , and brought in two new bills made and drawn out of some of the contents of the old . the committees in the bill for breadth of clothes were appointed to meet this afternoon in the exchequer-chamber . three bills also of no great moment had each of them one reading ; of which the last being the bill for the furtherance of justice , was upon the second reading ordered to be ingrossed . the warden of the fleet brought edward fisher esquire to the bar and some of the creditors , with mr. yelverton being of counsel with the creditors ; the said edward fisher was heard at large what he could say against the bill exhibited to this house for order of payment of his creditors ; and at last being sequestred out of the house two several times , while the house did consider of sundry his frivolous requests made unto them , and of his dilatory devices and shifting answers , did at the last give his full and plain consent unto this house , as well of his instance and request unto this house mentioned in the preamble of the said bill for passing of the same , as also any thing this house should think good in their own discretions to add in the said bill for the passing of the same , to authorize the commissioners to deal also with the bishop of coventry and litchfield for composition of a rent-charge of l. s. distrainable upon all the lands of the said edward fisher. the said warden of the fleet was then commanded to take away the said edward fisher , and mr. sands and mr. morrice were appointed to amend the said bill in that part against to morrow , and the bill to be ingrossed . vide concerning this matter on monday the th day of february ensuing . on thursday the th day of february five bills of no great moment had each of them one reading ; of which the first being a bill for preservation of the bridges in the town of redding , was read the first time . sir william moore , one of the committees in the bill against dying with sumach , brought in the same bill again as a frivolous bill utterly unfit to remain in this house . sir edward dymock , one of the committees in the bill for bringing in of staple fish , ling , and herings , brought in the old bill and also a new bill agreed upon and made by the said committees . mr. chancellor of the exchequer taking occasion to put this house in remembrance of some consideration to be had by this house of the bill to provide remedy against fraudulent conveyances passed with the lords and brought from them to this house , did the last day saving one treat and debate till the rising of the same house , without any resolution therein then had ; and shewing his own opinion therein divided his speech into three parts , first to consider what this house hath already done touching the said bill , then what this house may do in the same , and lastly what is most convenient for this house to do further in the same . shewing that what is done already in the said bill in this house , is this ( as he taketh it ) viz. that the bill first passing the lords and brought down hither was twice orderly read in this house , and upon the second reading thereof was likewise orderly argued unto in this house both against the bill and with the bill , very gravely and learnedly on both sides for to have the same bill committed to further consideration , which for his part he could well have liked it should have so been ; yet because this house thought good it should not be committed , and denied to have it committed , he thinks this house hath done therein very orderly without any errour , because it seemed good to this house so to do . and that albeit many times committings and conferences be very necessary between both the houses , yet it is at the liberty of each of the same houses whether they will admit any such or no , and so no error in that which is done . and that the said bill as it now standeth is a bill that may have a third reading ( in this house as he thinketh ) if this house shall so thing good . and is of mind that this house may ..... here it seemeth m r fulk onslow at this time clerk of the house of commons , intending to supply the residue of this said speech and of other arguments and disputations had and passed in this matter , did leave a blank of near upon a side and a half ; but whether through negligence or forgetfulness this ( as divers other places ) was never perfected . but what the resolution of the house at the end of the said arguments was , may probably be gathered out of other passages this very day concerning the same business , viz. that they would justifie their former proceedings in not committing the said bill concerning fraudulent conveyances sent down unto them from the lords to have been justly , discreetly and orderly resolved on in the house , where the manner and form of the said bill was and is utterly disliked , and that therefore the said house of commons would speedily frame a new bill to the same effect . vide concerning this business on monday the th day and on tuesday the th day of this instant february foregoing . m r serjeant rodes and m r doctor carey did bring down from the lords to the house of commons three bills ; of which one was concerning the lord dacres and the lord norris , the second concerning the relief of the hospital of eastbridge in canterbury , and the third concerning the explanation of a former statute touching tellors and receivors made anno reginae eliz. of which said three bills the original journal-book of the upper house mentioneth only the two latter to have been sent down as aforesaid , and as it seemeth omitted the first . the foresaid m r serjeant rodes and m r doctor carey brought also a message from the lords for present conference with some of the house of commons touching the bill of jesuits lately passed the said house . whereupon these committees following were appointed to repair presently unto their lordships accordingly , viz. mr. comptroller , mr. vice-chamberlain , m r treasurer of the chamber , mr. chancellor of the exchequer , m r sollicitor , sir philip sidney , m r recorder of london , m r beale , m r topclyffe , sir john higham , m r howard , m r morrice , sir william herbert , sir henry nevill , sir william moore , m r fulk grevill , m r wolley and m r sands . and before the going of the said committees it was resolved by this house , that they should further signifie unto their lordships that this house hath resolved , that as touching the late proceeding of this house in the bill to provide remedy against fraudulent conveyances sent unto this house from their lordships , this house hath in all parts and points of their dealing therein proceeded discreetly , gravely and orderly , according to the liberties of this house , without any errors of this house , or cause of offence by them given to their lordships . and that as this house very well liketh that fraud be met with and prevented , though not in such manner and form as in the said bill was devised ; so they do purpose to frame a bill in this house for the same effect in such sort as to this house shall be thought good . and lastly should move their lordships for answer of the petitions , if it might so please their lordships . vide concerning these petitions on thursday the second day of this instant february ensuing . upon a motion made by m r diggs that doctor parry a late unworthy member of this house and now prisoner in the tower , in his late submission to this house upon his former contempts was reconciled , with condition ( at his now request ) of his good behaviour afterwards , and hath sithence so misbehaved himself as deserveth his said imprisonment in the tower ; it was resolved by this house , that he be disabled to be any longer a member of this house , that a warrant be made to the clerk of the crown office for a writ to be directed to the sheriff of kent for chusing and returning into this present parliament another burgess for the borough of queenborough , in lieu and stead of the said doctor parry . which promise of his future amendment vide on friday the th day of december foregoing . five bills of no great momemt had each of them one reading ; of which the second being the bill of plymouth-haven was upon the second reading committed again to the former committees , and m r grafton was added unto them , and the bill was delivered to m r wroth , who with the rest was appointed to meet in the middle-temple , hall to morrow in the afternoon . the committees returning from the lords , m r vice-chamberlain ..... here it seemeth that m r fulk onslow at this time clerk of the house of commons intending to supply the residue of this speech , did leave a blank of two half sides at the least for that purpose , but very negligently omitting to supply it , hath left those two great businesses of the petitions and the not committing of the said bill of fraudulent conveyances upon the second reading sent down from the lords to the house of commons , ( of which said matters see before in the passages of this very day ) altogether naked and undetermined , which might else have served for great use and good precedent for the priviledges of the said house . but yet it may be probably conjectured out of the ensuing passages of some other days , what the lords did answer to these foresaid petitions , of which said answer m r vice-chamberlain made report , viz. that for the petitions in which the house of commons desired their lordships to joyn with them , they would yet defer their resolution till a further time ; and for the committing of their said bill concerning fraudulent conveyances sent down from them upon the second reading thereof , they did not altogether disallow the defence and justification which the said house of commons had made for and concerning their proceeding therein by the said committees ; as also that they should frame a new bill to the same purpose . and it is most likely that their lordships did well approve of that message sent by the foresaid committees concerning the framing of a new bill for the prevention of the foresaid frauds , because immediately upon m r vice-chamberlain's speech ended , a special committee was appointed by the house upon m r speakers motion for that purpose , prout sequitur . mr. speaker , after mr. vice-chamberlain had ( as it seemeth ) ended his speech , moved the house to appoint a committee for the framing of a new bill against fraudulent conveyances . whereupon the said house named these following , viz. all the privy council , mr. cradock , mr. sollicitor , mr. sands , mr. attorney of the court of wards , mr. morrice , mr. owen , mr. diggs , mr. harris , mr. faunshaw , mr. beamond and mr. recorder of london . the old bill that came from the lords was delivered to mr. vice-chamberlain , and all these were appointed to meet to morrow in the afternoon in the exchequer chamber to draw a bill to the same purpose instead of the said former bill . mr. sollicitor one of the committees in the bill for reformation of errors in the twelve shires of wales brought in the old bill and also a new bill for that purpose . upon a motion for reading of the bill of tythes , m r speaker shewed forth the bill brought into the house in so many several pieces , some written on both sides of the paper and so sowed one upon another in the midst of some of the leaves that it cannot be read or known how to be read , or taken in the right places for the reading . whereupon it was again to be better written , and ordered that every part thereof should be rightly placed by the committees . on friday the th day of february six bills of no great moment had each of them one reading ; of which one of them being a new bill for the bringing in of staple fish and herring had its first reading ; and another being the sixth and last ( viz. ) for the continuance and explanation of certain statutes had its first reading , and a proviso offered to the same bill was once read , and another proviso also offered and the same once read , and a saving also offered to the same was once read . quod nota . upon a motion read by m r george moore touching some provision to be made against libellers , these committees following were appointed to consider thereof , ( viz. ) m r george , moore , m r grafton , m r thomson , m r skinner , m r edmund saunders , m r cradock , m r crew , m r nicholas hare and m r john hare , and to meet to morrow in the afternoon in the middle-temple-hall for that purpose . an addition to the bill for the true answering of the debts of edward fisher esquire made by order of this house by certain committees appointed for the same , was twice read and ordered to be ingrossed . vide concerning this matter on munday the th day of this february ensuing . on saturday the th day of february , three bills of no great moment had each of them one reading ; of which the second being the bill for the maintenance of the hospital of eastbridge in canterbury was upon the second reading committed unto m r chancellor of the exchequer , m r recorder of london , m r morrice and others , and the bill was delivered to the said m r chancellor of the exchequer , who with the rest was appointed to meet on tuesday next being the th day of this instant february ensuing , in the exchequer chamber in the afternoon . the bill for the true payment of tythes was brought in again by m r sands one of the committees better and more plainly reformed and amended than it was last delivered in by sir john peter . the bill exhibited by the curriers which was not yet read , was appointed to be delivered to the former committees , and they then to resolve whether the same bill shall be read in this house or no , who were appointed to meet on munday next in the afternoon in the inner-temple hall. the bill for plymouth-haven was brought in again with a proviso . m r chancellor of the exchequer and others , having presently been in the committee chamber of this house to consider of the state of the bill touching the sabbath day , shewed , that by the precedents of this house , this house may add to the lords former additions to the said bill ; and further also , that this house may without all doubt make a proviso to the same bill if this house shall so think good . but having recited two special precedents of this house meeting with the very points of this bill , wisheth therefore in respect of the maintenance and preservation of the liberties of this house , that this house do in all convenient and seemly sort stand to the liberty and choice of this house to add to their lordships additions , and not otherwise at all . vide concerning this business on wednesday the th day of march ensuing . three bills of no great moment had each of them one reading ; of which the last being the bill for furtherance of justice was read the third time and passed upon the question . two bills of no great moment were sent down from the lords to the house of commons by serjeant rodes and m r powle ; whereof one was for establishing of a jointure to the countess of huntington . on munday the . day of february five bills of no great moment had each of them one reading ; of which the last being the bill for the true payment of the debts of edward fisher esq was read the third time and passed the house , and the word or figures xxviij . put instead of the word or figures xxiiij . in sundry places of the said bill , were read three times before the passing of the same as aforesaid . vide concerning this matter on friday the th day , munday the th day , tuesday the th day , thursday the th day , friday the th day of this instant february foregoing . this aforesaid bill with two others of no great moment that had formerly passed this house , were sent up to the lords by m r treasurer and others the committees for conference touching the bill for better observation of the sabbath day , and the committees also for the petitions , with order from this house to move their lordships presently in both these causes accordingly . vide concerning the bill for the sabbath on wednesday the th day of march ensuing . m r serjeant rodes and m r doctor ford did before the sending up of the former bills to their lordships bring down from them to the house of commons two bills ; the one touching the disposing of parsonages impropriate before passed in this house with some amendments , and the other for the preservation of grain and game . nota , that the journal of the upper house agreeth with this journal of the house of commons , that the last of these two bills concerning the preservation of grain and game , was at this time sent down from the lords to the house of commons , but differeth in the form ; which bill touching parsonages impropriate is there set down to have been sent to the said house of commons on saturday the th day of february ; and at this time another bill concerning moor-burning in the counties of northumberland , &c. to have been sent down with the foresaid bill concerning grain and game , &c. the bill for confirmation of errors in fines and recoveries in the . shires of wales was read the second time . the bill concerning insufficient justices , sheriffs , &c. in wales was read the first time , and committed to the former committees in the last former bill , and m r recorder , m r attorney of the wards and m r harris were added unto them , and the bill was delivered to m r attorney , who with the rest was appointed to meet this afternoon in lincolns-inn hall. m r treasurer and the residue returning from the lords , m r treasurer declared , that according to the appointment of this house they have dealt with the lords both as touching the bill for the better observation of the sabbath day , and also for their lordships answer to the petitions ; and shewing unto their lordships that by warrant of the precedents of this house , this house might very well make additions unto their lordships additions in the same bill , wherewith ( as he thought ) their lordships seemed somewhat satisfied ; so touching their lordships answer to the said petitions he said , that it so much passed his capacity to conceive and understand all the effect of it , as that he would not undertake upon him to make a report of it , but would leave it to such other of the said committees as could both better remember it and deliver it . whereupon m r chancellor of the exchequer affirming m r treasurer his former speech touching their said proceedings for the said bill of the sabbath , shewed further , that as concerning their said motion for their lordships answer to the said petitions , their lordships sequestring the committees of this house into the outer chamber , there came shortly after unto them the lord treasurer and the lord archbishop of canterbury ; the said lord treasurer declaring first unto them the answer of the lords to the said petitions in general , and afterwards the said lord archbishop shewing the same in particular having a certain note in his hand for his remembrance , but uttering much more in his speech ; which he said was so long and consisted of so many parts , as he thought for his own part he could not sufficiently signifie unto this house : and did therefore make a motion that those of the committees which were also then present thereat , might meet this afternoon in the exchequer chamber , and helping each other's memory set down the substance and effect of the said answer in all the parts thereof as near as they can ; and so then afterwards to signifie the same unto this house to morrow . which was thereupon so agreed and resolved accordingly . vide touching these petitions on thursday the th day of this instant february following . the bill concerning the lord dacres and the lord norris was read the third time , and thereupon passed the house . on tuesday the . day of february two bills of no great moment had each of them one reading ; of which the last being the bill for the true answering of tythes , &c. had its first reading . upon a motion begun by sir thomas lucy and continued by sir thomas moore , that those of this house which are of her majesties privy-council may in the name of this whole house be humble suitors unto her majesty , that for as much as that villanous traitor parry was a member of this house in the time of some of his most horrible and traiterous conspiracies and attempts against her majesties most royal person ( whom almighty god long preserve ) her majesty would vouchsafe to give licence to this house , for that many of this house are of the fellowship of the association , to proceed to the devising and making of some law for his execution after his conviction , as may be thought fittest for his so extraordinary and most horrible kind of treason : it was resolved that those of this house being of her majesties most honourable privy-council and now present at this motion , to wit mr. treasurer and mr. vice-chamberlain , shall exhibite the same humble suit of this house unto her majesty accordingly at their convenient opportunity . a proviso was added to the bill for plymouth-haven , and was twice read and ordered with the bill to be ingrossed . m r cromwell was added to the former committees for priviledges , and touching serving of process upon the members of this house and their servants . m r john north knight for cambridgeshire , was added to the former committees for reviving of statutes , and the same bill with the three provisoes before read were again committed to the same committees and to the same m r north , together with the bill touching cables , halters and ropes . sir edward dymock being sheriff of the county of lincoln , was licensed by this house to depart into the country for the service of her majesty in the charge of his said office. nota , that sir edward dymock here being sheriff of lincolnshire was also a member of the house of commons and continued in the service of it without interruption or question a great part of this parliament , and now upon the licence of this house departed into the country about some necessary occasions concerning his said office. vide concerning this matter on friday the th day of december foregoing . a like precedent also there was in anno reginae eliz. on friday the th day of february . quod vide . the bill for the jointure of the countess of huntingdon was twice read and passed upon the question . the new bills last passed were sent up to the lords by m r treasurer , m r vice-chamberlain and others , with commission also to put their lordships in remembrance touching their search for precedents with the clerk of the upper house alledged by the committees of this house for warrant of this house in proceeding with the bill for the better observation of the sabbath day by additions of this house to be added unto their lordships former additions in the same bill . vide concerning this matter on thursday the th day of this instant february ensuing . it should seem ( though it be not expresly set down in the original journal-book ) that the house did this day fall into consultation and consideration of all the dangers which were imminent over the kingdom , of the means to prevent them , and of the great expences her majesty had been at in the defence of her dominions and allies fit to be supplied ; which is set down at the end of this day in manner and form following . the open dangers threatned to this kingdom are from spain , the pope and the holy league in france ; the secret from the jesuits , that secretly lurked here to stir up her majesties subjects of the roman religion to all manner of treason and rebellion : both which dangers though the time of them were a while intermitted in respect of the execution , yet the purpose was not , which their late conspiracies and attempts both here and in ireland did plainly show . the means to prevent these dangers were to suppress the spreading of jesuits and the growing of popery , to exact such oaths of the papists as had been already ordained , to provide for the preservation of her majesties person , to terrifie ireland , and to provide sufficient forces at home both by land and sea. the great expence that her majesty had been at even since the last parliament did appear plainly in respect of divers places and forts which had been repaired , much powder and munition had been stored up , and her navy also since that time increased : besides many other extraordinary charges and expences which she had been at in the assisting of her allies and the preserving of ireland , and that her majesty did specially shun danger from ireland , of which they conceived this proverb to be true , look to ireland if we will rest quiet in england . and therefore ( it seemeth ) some of the privy-council did move to think of what supply were now fit to be given to her majesty towards the supporting and sustaining of all her said great expences and charges . on wednesday the th day of february , three bills of no great moment had each of them one reading ; of which the last being the bill for imploying of lands and tenements given to the maintenance of high-ways , bridges , &c. was read the second time , and committed unto m r wroth , mr. sandes , mr. cradock and others , and the bill was delivered to mr. sands , who with the rest was appointed to meet this afternoon in the middle-temple hall. mr. john north and mr. heile were added to the former committees for continuance of statutes ; the bill and provisoes , and also the bill for cables , halters and ropes were delivered to mr. vice-chamberlain , who with the rest was to meet in the exchequer chamber this afternoon . mr. attorney of the court of wards , one of the committees in the bill for jonas scot , brought in the bill again into the court. it seemeth that some of the privy-council or others moved this day for consideration to be had in what measure and manner they should supply her majesty by subsidy ; and it seemeth that the house did thereupon further assent unto it . all which is very negligently omitted by mr. fulk ouslow at this time clerk of the house of commons ; for there is only set down the names of the committees in manner and form following , viz. all the privy-council being members of this house , the lord russell , sir philip sidney , sir thomas heneage , mr. sollicitor , sir william moore , sir robert germin , sir george carie , sir henry nevill , mr. george rotheram , mr. sandes , sir william mohun , sir robert bowes , mr. john north , sir walter rawleigh , mr. trenchard , mr. ralph evers , sir john tracy , mr. bevill , sir henry cock , sir thomas cecill sir francis hastings , mr. mollineux , mr. wroth , mr. william herbert , sir thomas manners , sir drew drewry , mr. digby , mr. edward audeley , mr. leveson , mr. attorney of the wards , mr. henry barkley , sir thomas shirley , mr. anthony mildmay , mr. henry talbot , mr. russell , sir thomas lucie , all the knights for wales , sir nicholas woodroofe , mr. recorder , mr. robinson , mr. layer and mr. wolley , who were appointed to meet this afternoon in the exchequer chamber for the subsidy . at the nominating of this committee ( as it seemeth ) the whole treasons plotted between henry nevill and doctor parry according to their own confessions were related , where these fragmentary particulars only ( through the clerks negligence ) are set down to this or the like purpose following , viz. that the said doctor parry having behaved himself unreverently and disorderly in the house of commons , upon revealing his mind to her majesty which he denied to do there , had been pardoned both by her majesty and the house , as see on thursday the th day of december , and on friday the th day of the same month , as also on thursday the th day , and on tuesday the th day of this instant february foregoing . and since upon discovery of fouler matters had been imprisoned and disabled from being a member of this house . that the said nevill and he had had divers conferences and projects for the advancement of the king of spains conquest of england , from whose wars the said nevill having served in them had lately returned poor into england . that the said parry and nevill had amongst other things plotted to go into the north , there to raise rebellion or to take the island in kent , or to sell barwick , or lastly to murther her majesty . that they had read together doctor allens seditious book concerning the deposition and murthering of heretical princes ( as he styles them . ) that they had sworn together mutual secrecy , with divers other matters partly agreed upon between the said nevill and parry in their confessions , and partly confessed by either of them singly and deemed by the other . to which purpose sir christopher hatton vice-chamberlain made a very exact and elaborate speech , of which there are only some short heads or notes set down in the original journal-book , much to the purpose following , viz. that the said nevill and parry had resolved either to murther her majesty in her garden at s t james's , or else to set upon her whilst she should be in her coach in the fields , each of them having for their assistance five or six men with pistols . that nevill began first to be touched with remorse of conscience , and notwithstanding his oath of secrecy did threaten parry , that except he would desist from his said intended treason he would reveal it . that the said nevill thereupon departing from the said parry , upon his next meeting again with him continued with him in the same mind , and still refused to join with him in the execution of their former complotted treason , and that shortly after parries commitment and imprisonment he had discovered it . that the said parrey in the year . having been pardoned by the queen after a capital offence committed by him , departed with licence into france , where being reconciled to the roman church he travelled to venice , and there having been diversly and severally instructed and incouraged by benedict palmes a jesuit , by campegio the pones nuntio there ; and lastly again afterwards at paris in france , by one morgan an agent of the queen of scots ; here upon the encouragement of cardinal como and the pope himself , he returned into england with a mind full of treason and disloyalty , with divers other things in the like purpose , which are at large set down in annal. regin . eliz. conscript . à guiliel . cambden edit . latinè lugd. bat. anno domini . à pag. . ad pag. . vide concerning this matter on thursday the th day , and on friday the th day of december foregoing ; as also on thursday the th day , and on tuesday the th day of this instant february last past . on thursday the th day of february , three bills of no great moment had each of them one reading ; of which the last being a bill for repairing of sea-banks and sea-works , was upon the second reading ordered to be ingrossed . the articles for two fifteenths and tenths , and one entire subsidy granted to her majesty , were brought in by mr. chancellor of the exchequer , and read in the house , and appointed to be delivered by m r speaker to her majesties learned councel to draw the bill for the same . sir francis knolles knight , treasurer of her majesties houshold , declared this day unto the house their lordships answer touching the petition so often before mentioned , in which the house of commons had desired their lordships to join with them . but what these petitions were , is by the negligence of fulk onslow esquire , at this time clerk of the house of commons wholly omitted , not only here , but in all other places of this present journal where they are often before mentioned , as may appear by the enumeration of the several days proceeding that concern them at the end of this animadversion , although they might be in part collected out of those fragmentary answers ( which are likewise very imperfectly set down ) which were reported by the foresaid m r treasurer to have been delivered to the committees of the house of commons by the archbishop of york , and are found in the said original journal book it self . but in respect the matters contained in the said petitions were of great weight and well worthy to be left entire to posterity ( that so the zealous care of the commons at this time may not die in silence ) i have caused them to be transcribed wholly and exactly in this place of this present journal out of a very good copy of them i had by me , by the help whereof also the archbishops answer to all the several articles or petitions aforesaid ( which were in number sixteen ) may be the better understood . but before the inserting of the said petitions it shall not be amiss to make reference unto the several days on which they were mentioned . vide therefore on monday the th day , on tuesday the th day , and on monday the th day of december foregoing ; as also on monday the th day , tuesday the th , thursday the th , and monday the th , and now lastly on this present thursday the th day of this instant february . and now follow the said petitions out of the foresaid copy of them i had by me , before which was prefixed this title following . the humble petitions of the commons of the lower house of parliament to be offered to the consideration of the right honourable the lords spiritual and temporal of the higher house . . where by a statute made the thirteenth of her majesties reign it was enacted , that none should be made a minister unless he be able to answer and render to the ordinary an account of his faith in latine , according to certain articles set forth in a synod holden anno . and mentioned in the said statute , or have special gift and ability to be a preacher ; it may please their honourable lordships to consider whether it were meet to be ordained , that so many as have been taken into the ministry since the making of this statute , and be not qualified according to the true meaning and intent of the same , be within a competent time suspended from the ministry and execution of any function thereto appertaining , unless they shall be found of that ability which the statute requireth . . that where in a synod holden . it was provided that unlearned ministers heretofore made by any bishops should not from thenceforth be admitted to any cure or special function , it may also like their lordships to advise whether so many as have been since that time admitted contrary to the form of that article , shall be within a competent time removed ; and that for better explanation of that article such be taken for unlearned , as be not qualified according to the statute before-recited , and provision made for the due execution of that article so declared for ever hereafter . . where also in that great and weighty charge which in the book containing the form of ordering of priests established by the statutes of this realm , is prescribed to be delivered to all such as shall be received into the ministry , they are admonished that they be the messengers , the watchmen , the pastors and stewards of the lord , to teach , to premonish , to feed and to provide for the lords family , to seek for christs sheep that be dispersed abroad , and for his children which be in the midst of this naughty world , to be saved through christ for ever , with other remembrances of other sundry weighty parts of their duties ; it may like their honours to consider of some good order to be given , that none hereafter be admitted to the ministry but such as shall be sufficiently furnished with gifts to perform so high and so earnest a charge , and that none be superficially allowed as persons qualified according to the statute of the thirteenth of her majesties reign before recited , but with deliberate examination of their knowledge and exercise in the holy scriptures answerable to the true meaning of that statute . . further , that for so much as it is prescribed in the form of ordering ministers , that the bishops with the priests present shall lay their hands severally upon the head of every one that receiveth order , without mention of any certain number of priests that shall be present ; and that in a statute made th of king h. the eighth is affirmed , that a bishop must occupy six chaplains at giving of orders ; it may be considered whether it may be meet to provide that no bishop shall ordain any minister of the word and sacraments , but with the assistance of six other ministers at the least , and thereto such only be chosen as be of good report for their life , learned , continually resiant upon their benefices with cure , and which do give testimony of their cure for the church of god , by their diligence in teaching and preaching in their charge . and that the said ministers do testifie their presence at the admission of such ministers by subscription of their hands to some act importing the same . and further that this admission be had and done publickly and not in any private house or chappel . . and where admission of unnecessary multitudes to the ministry at one time hath been an occasion that the church at this day is burthened with so great a number of unable ministers , it may like their lordships to advise , whether some provision might be made that none be admitted to be a minister of the word and sacraments but in a benefice having cure of souls then vacant in the diocess of such a bishop as is to admit him , or to some place certain where such minister to be made is offered to be entertained a preacher , or such graduate as shall be at the time of their admission into the ministry placed in some fellowship or scholarship within the uniniversities , or at the least that trial be made of this order for such time as to their honors wisdoms shall be thought convenient . . that it be likewise considered whether for the better assurance that none creep into the charge and cures being men of corrupt life or not known diligent , it might be provided that none be instituted or by collation preferred to any benefice with cure of souls or received to be curate in any charge , without some competent notice before given to the parishes where they take charge , and some reasonable time allowed wherein it may be lawful to such as can discover any defect in conversation of life in the person who is to be so placed as is aforesaid , to come and object the same . . that for the encouragement of many to enter into the ministry which are kept back by some conditions of oaths and subscriptions whereof they make scruple , it may be considered whether this favour may be shewed them , that hereafter no oath or subscription be tendred to any that is to enter into the ministry or to any benefice with cure or to any place of preaching , but such only as be expresly prescribed by the statutes of this realm ; saving that it shall be lawful for every ordinary to try any ministers presented to any benefice within his diocess by his oath , whether he is to enter corruptly or incorruptly into the same . . whereas sundry ministers of this realm diligent in their calling and of godly conversation and life , have of late years been grieved with indictments in temporal courts and molested by some exercising ecclesiastical jurisdictions for omitting small portions or some ceremony prescribed in the book of common-prayer , to the great disgrace of their ministry and imboldening of men either hardly affected in religion or void of all zeal to the same , which also hath ministred no small occasion of discouragement to the forwardness of such as would otherwise enter into the ministry , some good and charitable means may be by their honorable discretions devised , that such ministers as in the publick service of the church and in the administration of the sacraments do use the book of common-prayer allowed by the statutes of this realm and none other , be not from henceforth called in question for omission or change of some portion or rite as is aforesaid , so there doings therein be void of contempt . . that for as much as it is no small discouragement to many that they see such as be already in the ministry openly disgraced by officials and commissaries , who daily call them to their courts to answer complaints of their doctrin and life or breach of orders prescribed by the ecclesiastical laws and statutes of this realm , it may please the reverend fathers or archbishops to take to their own hearings , with such grave assistance as shall be thought meet , the causes of complaint made against any known preacher within their diocess , and to proceed in the examination and order thereof with as little discredit to the person so complained of , without great cause and in as charitable sort as may be , restraining their said officials and commissaries to deal in any sort in those causes . . it may also please the reverend fathers to extend their charitable favours to such known godly and learned preachers as have been suspended or deprived for no publick offence of life , but only for refusal to subscribe to such articles as lately have been tendred in divers parts of this realm , or for such like things , that they may be restored to their former charges or places of preaching , or at least set at liberty to preach where they may be hereafter called . . further , that it may please the reverend fathers aforesaid to forbear their examinations ex officio mero of godly and learned preachers not detected unto them 〈◊〉 offence of life or for publick maintaining of apparent error in doctrin , and only to deal with them for such matters as shall be detected in them . and that also her majesties commissioners for causes ecclesiastical be required , if it shall so seem good , to forbear the like proceedings against such preachers and not to call any of them out of the diocess where he dwelleth , except for some notable offence , for reformation whereof their aid shall be required by the ordinary of the said preachers . . item , for the better increase of knowledge of such as shall be imployed in the ministry , it may please their lordships to advise , whether it may be permitted to the ministers of every archdeaconry within every diocess to have some common exercise or conference amongst themselves , to be limited and prescribed by their ordinary , both touching the moderation and also the time , places and manner of the same , so as the moderators of these exercises be preachers resiant upon their benefices having cure of souls , and known to bear good affection to the furtherance of such profit as may grow by the same exercises . . where complaint is made of the abuse of excommunication which is the highest censure that christ hath left to his church , and many are grieved as well in regard of the causes and matters wherein it is at this day used , as of the persons which have the common execution thereof , and no redress can be had herein but by act of parliament , that some remedy may be thought of in that behalf before the end of this session , and for reformation to be had herein , it may please their lordships to consider whether some bill might not be conveniently framed to this effect , viz. that none having ecclesiastical jurisdiction shall in any matter already moved or hereafter mentioned give or pronounce any sentence of excommunication , and that for the continuance of any person in cases depending before them , it shall be lawful to pronounce him only contumax , and so to denounce him publickly ; and if upon such denuntiation , as in excommunications hath been used , the party shall not submit himself nor stand to abide such order as is to him assigned within forty days , then it shall be lawful to signifie his contumacy in such manner and sort , and to such court as heretofore hath been used for persons so long standing excommunicate , and that upon such certificate a writ de contumace capiendo shall be awarded of like force to all effects and purposes , and with like execution as the writ de excommunicato capiendo is . . nevertheless for as much as it seemeth not meet that the church should be left without this censure of excommunication , it may be provided , that for enormous crimes , as incest , adultery and such like , the same be executed by the reverend fathers the bishops themselves , with the assistance of grave persons , or else by other persons of calling in the church with like assistance , and with such other considerations as upon deliberation shall be herein advised of , and not by chancellors , commissaries or officials as hath been used . . where licences of non-residence are offensive in the church , and be occasion that a great number of this realm do want instruction , and it seemeth that cases certain wherein the same may be allowed can hardly be devised , such as shall be void of great inconvenience and danger ; it may therefore be considered by their honourable lordships , whether it were more convenient or necessary that the use of them were utterly removed out of the church ; and so likewise of pluralities . . but howsoever it shall be thought convenient to order these faculties , yet for so much as besides the known duty of a minister prescribed by the word of god , her majesties injunctions do require in every curate a further quality of learning than ability to read only , as may be gathered by the forty third article , and by other charges imposed upon him to teach the principles of religion as is set down in the forty fourth article ; and sith also that no faculty of plurality or non-residence but with condition to see the cure from which he is absent sufficiently served ; may it please their lordships to consider , whether it were expedient to provide , that none now having licence of non-residence , either by law or by faculties , shall hereafter be permitted to enjoy the benefit of such licence , except he depute an able and sufficient preacher to serve the cure , and that no curate by him placed be suffered to continue in his service of that cure except he be of sufficient ability to preach , and doth weekly teach that congregation , and perform the other duties of instructing the youth in the catechism prescribed by her majesties injunctions . these petitions being thus transcribed out of the before-mentioned copy of them i had by me , now follow the answers of the lord treasurer and the archbishop of york out of the original journal-book of the house of commons , as they were reported this instant thursday febr. . by sir francis knolles knight , treasurer of her majesties houshold to the said house ; which being imperfect in themselves i have caused to be a little altered and enlarged : whereby , as also by casting an eye back to the several petitions according to the several numbers or figures by which they relate each to other , they may the more fully be understood . the answer now which their lordships had given unto the committees of the house of commons being delivered unto them by the lord treasurer and the archbishop of york , was related unto the said house by m r treasurer one of the committees , and is set down in the original journal-book of the house of commons in this ( or rather a more imperfect ) manner and form following . the lord treasurer in general made answer , that the lords did conceive many of those articles which the house of commons had proposed unto them , to be unnecessary , and that others of them were already provided for , and that the uniformity of common-prayer had been established by parliament . the archbishop of york made an answer more at large to all those several articles which the house of commons had proposed to their lordships . to the two first articles he said , he conceived them not fit to be allowed of , because divers qualified persons were dispensed withal by law. secondly , that it was against the rule of charity to suppose that those who were non-resident had not some lawful avocation . thirdly , that where parishes had not sufficient preaching ministers , divine service and godly homilies were for the most part read ; yet he promised that concerning non-residency it should be holpen and redressed as soon as might be . the third article he confessed to be very necessary . the fourth article he utterly disallowed . the fifth article tending to the avoiding of ministerium vagum , he allowed ; yet said he it was sufficiently provided for already , saving he thought it might stretch too far , viz. to deans , &c. the sixth article he utterly disallowed , which savoured of popularity and might raise many controversies and dissensions . the seventh article he utterly misliked , alledging , that the bishops themselves were not discharged from the taking of that oath ; and for subscription , he said he doubted not but that it was lawful , and that it might prove the cause of much order and quietness in the church . the eighth and ninth articles he utterly disallowed , as freeing them from jurisdiction temporal , and from the bishops and all ..... but what should hre follow is left imperfect through the great negligence of fulk on slow esquire , at this time clerk of the house of commons , in the original journal-book of the same house ; and yet it may seem that here should these words follow , viz. ..... their ministers , after these words , viz. from the bishops and all ..... : and what these two articles concerned , may easily be seen by casting an eye back to the petitions foregoing , n. . & n. . the tenth article he said he could not but dislike , because deprivation was often necessarily used in terrorem , and that the party so deprived might upon his submission ( as in the case of excommunication ) be received into favour . the eleventh article he misliked . the twelfth article he said that himself ( in the name of their lordships whom in all that he had before said he had but personated ) did think it necessary , and would take order for such exrecises as the ..... but what should here follow is most negligently omitted by the clerk of the house of commons , yet it may be gathered by this article n. . foregoing , that it was required that the exercises of private conferences and fasting might be more frequently enjoyed . the thirteenth and fourteenth articles he confessed to require no more than seemed reasonable ; yet being more narrowly searched into , would breed much inconvenience : for if excommunication shall not be allowed upon contumacy and such other delinquencies , though small in themselves , then must there be some new censure brought into the church , which would be the occasion of much innovation . to which also he added , that excommunication in these cases was used to no other end than outlawries and attachments in the courts of law and justice , it being only to bring parties to their lawful answers , who upon their appearance are absolved of course : but yet promised that himself and the rest of the bishops would take pains therein themselves ; and that no excommunication should hereafter be sent out but for adultery and some other weighty cause , or for such contumacies as could not otherwise be possibly remedied . the fifteenth and sixteenth articles he acknowledged to stand with good reason , and that for himself he never granted any dispensation perpetual , but to one man who was then aged eighty years . and for himself he professed he would never again allow of any pluralities for life . and that the original faculty thereof belonged to her majesty . further alledging , that himself ( in the name of their lordships ) did very well allow of that proviso of theirs , that when any temporary dispensations were granted , provision should be made of very able , godly and sufficient curates . and lastly he added , that because he feared some of the house of commons were too ready to think and speak hardly of that ancient and godly order of bishops , yet he desired them that they would be pleased to think well of himself and the rest of his brethren now living , if not in respect of their places , yet for charity sake , and for that some of them were preachers when many of the house of commons had been in their cradles . upon this relation made by m r treasurer unto the house of commons touching their lordships answer delivered by the archbishop of york and the lord treasurer to himself and the rest of the committees touching the foresaid petitions , divers motions and sundry long speeches were made ; in the conclusion whereof it was at last agreed , that first the former committees calling to them such other grave members of this house , learned in divinity and in the common laws of the realm , and also in canon law , as they shall think good , shall confer together in the exchequer chamber to morrow in the afternoon , touching the answer of the lords unto this house concerning the petitions of this house exhibited unto their lordships , and after such conference and consideration had of the same answer , then to resolve for further proceeding therein as then shall be thought meetest by this house . vide concerning this business on monday the th day , wednesday the th day , and on monday the th day of december foregoing : as also on monday the th day , tuesday the th , thursday the th , and on monday the th day of this instant february last past . m r wharton one of the committees in the bills touching curriers shoomakers , &c. brought in the old bill and also a new . on friday the th day of february , four bills of no great moment had each of them one reading ; of which the second being a new bill against idleness and incontinent life , and for the punishment of rogues and vagabonds , was upon the second reading committed to the former committees , and m r grafton , m r doctor fletcher , m r alford and m r lewkgnor were added unto them , who were appointed to meet to morrow in the afternoon at two of the clock in the middle-temple hall. a bill against unlawful licences to marry was upon the first reading committed unto sir robert germin , m r strickland , m r sands , m r greenfield and others , and the bill was delivered to m r sands , who with the rest was appointed to meet to morrow in the afternoon in the middle-temple hall. the bill against unlawful marriages in some cases was upon the second reading committed to the former committees in the bill against incontinent life , &c. and the bill was delivered to m r doctor fletcher ; m r beale the master of the requests , and m r aldersey were added unto them . the bill for swearing of bishops and archbishops was read the second time . m r vice-chamberlain one of the committees for framing of a bill against fraudulent conveyances shewed , that the said committees had met and travelled therein and drawn a new bill accordingly ; and thereupon delivered in the same bill , together with the former old bill which was sent from the lords . on saturday the th day of february four bill of no great moment had each of them one reading ; of which the last being a bill for the maintenance of the pier and cobb of lime-regis was upon the second reading thereof committed unto m r vice-chamberlain , m r fitz james , m r hammon , m r hassard and others , and the bill was delivered to m r hassard , who with the rest was appointed to meet upon tuesday the second day of march following in the afternoon in the open court in the exchequer . the bill for bringing in of staple fish and ling had its second reading . a proviso to the bill for barwick upon trent was twice read , and upon the question it was resolved , that both the bill and the proviso must not be committed but ingrossed . the bill for preservation of plymouth-haven passed upon the question after the third reading , and was presently sent up to the lords by m r treasurer and others , with request to their lordships to know whether their lordships have sought out their precedents touching the bill for the sabbath day , vide on wednesday the th day of march ensuing . three bills also of no great moment had each of them one reading ; of which the last being the bill for the relief of the hospital of eastbridge in canterbury was read the third time , but passed not the house , because m r sollicitor was by them appointed to be added to the former committees in the bill , and all of them to consider of the queens majesties interest to an annual rent of seven pound ten shillings issuing out of the possessions of the said hospital , that the house being further advertised thereof the bill may go to the question . m r treasurer and others coming from the lords , he shewed that according to the appointment of this house they have moved their lordships to know their pleasure touching the search of the precedents concerning the further proceeding in the bill for the better observation of the sabbath day ; and that the lord chancellor answered , that the lords had caused the said precedents to be searched and do find them true as they were alledged by the committees of this house ; saying further , that because both the said precedents are but new and only in her majesties time , their lordships would have further search of more ancient precedents ; and then afterwards their lordships will make further answer therein unto this house . and the said m r treasurer further then declared , that their lordships desired that a committee of this house might be appointed to have conference with their lordships upon munday next in the afternoon touching the bill for the good government of the city of westminster lately sent from this house to their lordships . vide concerning this bill of the sabbath on wednesday the th day of march following . m r vice-chamberlain moved , that the committees for the framing of the bill for her majesties safety , and those also for the bill for continuance of statutes which m r hammon added unto them , may meet this afternoon in the exchequer chamber , and those also that are appointed for conference touching the answer to the petitions . vide concerning these petitions on the day immediately foregoing , where further references are made to such other days upon which they are handled . on munday the first day of march the house being set , though of no great number ( m r speaker being absent ) and the letany and prayers first said by the clerk in the house , the clerk afterwards signified unto this house from m r speaker his present occasion of absence by reason of taking some physick yesterday , whereby he now at this instant kepeth his bed , and is not able without danger of greater peril of extremity to give his attendance in this house at this time . and further , that he desireth this whole house to bear with his said necessary occasion of absence for this present day , well hoping he shall be the better able to do them service the whole residue of this session afterwards . all which done the house did then rise , and every man departed away well satisfied accordingly , and were sorry for his sickness . whereupon it seemeth they adjourned the house until to morrow . on tuesday the d day of march m r hammon one of the committees in the bill for continuance of statutes brought in the same bill . four other bills also of no great moment had each of them one reading ; of which the second being the bill for augmentation of justices fees was upon the second reading committed to m r vice-chamberlain , m r chancellor of the exchequer , m r recorder and others . but the time and place when and where these committees were to meet , is through the clerks negligence wholly omitted . m r cromwell one of the committees in the bill against licences granted to marry , brought in the old bill and also a new . the bill for the maintenance of the hospital of east-bridge in canterbury was brought in again , with a proviso agreed upon , by m r sollicitor and m r recorder of london , which proviso was twice read and ordered to be ingrossed . the bill last read touching tellors and receivors was now committed unto m r treasurer , m r chancellor of the exchequer , m r sollicitor and others , and the bill was delivered to the said m r treasurer , who with the rest was appointed to meet in the exchequer chamber this afternoon . nota , that the bill touching eastbridge had been before committed on saturday the th day of this instant february to m r recorder and others , and by him afterwards brought into the house again on the saturday following being the th day of the same month , just in the same sort as it had been committed unto them upon the foresaid day after the second reading . but the house it seemeth desiring that further consideration should be had therein , the committees desired m r sollicitor and m r recorder to consider thereof accordingly , who thereupon this day brought it in again with a new proviso , which being twice read , the said bill touching the hospital of eastbridge in canterbury , was with the said bill committed to be ingrossed . the bill for assurances of certain lands and tenements to jonas scott , was upon the third reading assented unto . m r cromwell was added to the former committees for examination of process upon the members of this house , and to make report to morrow accordingly thereof unto this house . the bill against covenous and fraudulent conveyances was upon the second reading committed unto mr. recorder , mr. sollicitor , mr. morrice and others , and the bill was delivered to mr. recorder , who with the rest was appointed to meet this afternoon in the exchequer chamber . upon friday next in the afternoon the house was appointed to be called . the bill touching apprentices in the city of london was committed unto mr. woodruffe , mr. recorder , mr. cromwell , mr. wroth and others , but no mention is made either of the time or place when and where these foresaid committees were appointed to meet . on wednesday the third day of march , seven bills of no great moment had each of them one reading ; of which the second being the bill against the detestable sin of adultery had its first reading ; and the sixth being the bill for the true answering of tythes , was upon the second reading committed to the former committees , and mr. recorder and mr. conisby were added unto them . mr. vice-chamberlain touching the bill for the safety of her majesties most royal person , declaring the often meeting of the committees in the same , who have been sometimes commanded to other services , besides in the mean time , shewed , that the same committees have drawn a bill for that purpose , and offereth the same to the house , praying it might be read ; and thereupon it was then read accordingly , viz. the new bill for the safety of the queens majesties most royal person was read the first time . mr. serjeant rodes and mr. attorney did bring from the lords two bills , viz. the one touching jesuits , with some amendments and a proviso , and the other touching certain assurances from the bishop of winchester and the dean and chapter of the same ; with request also from their lordships , that the committees of this house in the bill for the better government of the city of westminster may presently be sent to have conference with their lordships in the same bill , and but in a small thing concerning the same . the bill for the repairing and maintenance of the sea-banks and sea-works on the coasts of norf. ; and the bill for the assurance of certain lands and tenements to jonas scott , were sent up to the lords by mr. vice-chamberlain and others , with request of this house also , that their lordships would have the bill for the better observation of the sabbath day in remembrance for the better expediting thereof . vide de billa sabbathi , on wednesday the th day of this instant march following . the bill for two fifteenths and tenths and one entire subsidy was read the first time . mr. vice-chamberlain and the residue returning from the lords , he shewed the delivering of the bills and message , and that their lordships would send an answer of the message as soon as they have considered of the precedents which their clerk delivered unto them this day . mr. serjeant gawdie and mr. serjeant rodes did desire from their lordships that this house would appoint that six of this house and the clerk may have conference with their lordships to morrow in the morning before the sitting of the court , touching the orders of amendments in bills in both houses . whereupon were appointed for that purpose mr. vice-chamberlain , mr. chancellor of the exchequer , mr. sollicitor , mr. saudes , mr. cromwell , sir william moore and mr. morrice , but thought needless that the clerk should attend therein , for that all the precedents of amendments in both houses are always left and do still remain with the clerk of the upper house . vide concerning this matter on saturday the th day of february foregoing . on thursday the fourth day of march , two bills of no great moment had each of them one reading ; of which the first being the bill concerning certain assurances of the bishop and dean and chapter of exeter had its first reading . mr. thimbleby upon a motion made by mr. speaker , was licensed to repair home into the country to an assizes . sir robert germin also being sick was upon a motion made licenced to be absent for the recovery of his health . the bill for the preservation of grain and game was upon the second reading committed to sir edward hobby , sir john tracy , mr. lieutenant of the tower , sir henry nevill , sir thomas lucy and others , and the bill was delivered to the said sir thomas lucy , who with the rest was appointed to meet this afternoon in the parliament-house or parlour of the middle-temple . the bill for maintenance of the pier and cob of lime regis , and the bill against unlawful marriages in some cases , were brought in by mr. hammon one of the committees with some amendments . three bills of no great moment had each of them one reading ; of which one was touching the breadth of cloths with some amendments and additions ( the same amendments and additions being twice read ) the bill was ordered to be ingrossed . mr. serjeant gawdie and mr. serjeant rodes did bring from the lords two bills ; the one for the haven of chichester , and the other for the assurance of certain lands to the lord willoughby from one herenden , with report from the lords of the assent of the said herenden to the passing of the same bill in the upper house : and shewed withal , that the said herenden was then at the door of this house ready to affirm the same assent both there and here . whereupon the said herenden was called in , and alledging his name to be edward herenden , and so known to be by mr. grafton one of the members of this house , affirmed and avowed his said assent to the passing of the said bill accordingly . mr. treasurer declared from the lords touching the precedents in the bill for the sabbath day , that their lordships having considered of the said precedents do think good that by the privity of some of both houses to be appointed for that purpose , some such course be taken by mutual assent of both houses as may from henceforth be certainly used in like cases hereafter . vide concerning this matter on wednesday the th day of this instant march ensuing . the committees for the bill concerning teliors and receivors , &c. and in the bill concerning justices fees , were appointed to meet this afternoon in the exchequer chamber , and the said latter bill was delivered to mr. chancellor of the exchequer . the committees for the bill concerning tellors and receivors , &c. and for the bill for justices fees , being appointed to meet this afternoon as aforesaid , the bill against covenous and fraudulent conveyances with some amendments and additions ( the same amendments and additions being twice read ) was ordered to be ingrossed . the bill against idle and incontinent life , and for punishment of rogues and vagabonds , was read three times , and two provisoes in the latter end were likewise twice read . mr. edward sanders one of the committees in the bill for preservation of timber in the county of sussex , brought in the old bill and also a new bill . on friday the th day of march mr. john russel one of the knights for the county of worcester was for his great business licensed by the house to depart . three bills of no great moment had each of them one reading ; of which the last being the bill concerning the latitats of the peace in the kings-bench , was upon the second reading committed unto mr. morrice , mr. bacon , mr. hammon , mr. wroth , mr. cromwell and mr. nicholas hare , who were to repair presently into the committee chamber of this house . the bill also against delays of executions was upon the second reading committed unto mr. attorney of the wards , mr. morrice , mr. cromwell , mr. owen and others , and the bill was delivered to mr. attorney of the wards , who with the rest was appointed to meet this afternoon in the committee chamber of this house . the bill for the safety of her majesties most royal person , &c. was upon the second reading committed to the former committees , mr. harris , mr. grice and mr. lewkenor being added unto them , and the bill was delivered to mr. vice-chamberlain , who with the rest was appointed to meet this afternoon in the exchequer chamber . the bill for the subsidy was appointed this afternoon for a second reading mr. chancellor of the exchequer one of the committees in the bill touching receivors , tellors , &c. brought in the bill again with a proviso and some certain amendments . the bill against idle and incontinent life , and for the punishment of rogues and vagabonds , after the provisoes thereof had been twice read the day foregoing , was now again committed to the former committees , viz. mr. morrice , mr. diggs , mr. heyle , mr. alford , mr. jenings , mr. utreght , mr. vice-chamberlain and mr. chancellor of the exchequer , who were appointed to meet in the afternoon in the exchequer chamber . a new bill for continuance of statutes was brought in by mr. vice chamberlain one of the committees . the bill also against covenous and fraudulent conveyances had its third reading . post meridiem . in the afternoon two bills of no great moment had each of them one reading ; of which the first being the bill for two fifteenths and tenths , and one entire subsidy , was upon the second reading ordered to be ingrossed . on saturday the th day of march , two bills of no great moment had each of them one reading ; of which the second being the bill for the true answering of tythes , and for the avoiding of the multiplicity of excommunications and perjuries , was upon the third reading committed again to the former committees , to which were also added mr. shirley , mr. alford , mr. heyle and mr. morley , who were appointed to meet this afternoon in the middle-temple hall , and to put in the provisoes in the former act of e. . and all the residue thereof without any alteration , saving only of the forty years before that statute to be altered hereafter before the libel exhibited . mr. tasborough one of the committees in the bill for imploying of lands , &c. to the maintenance of highways and bridges , brought in a new bill agreed on by the said committees for that purpose . two bills also of no great moment had each of them their third reading and passed the house ; of which the last was the bill for the maintenance of orford-haven in the county of suff. which bills mr. vice-chamberlain and others did carry up to the lords from the house of commons , as also the bill concerning the sabbath day , and that they should move their lordships to proceed to the perfecting of the said amendments and expediting of the same bill by both houses accordingly , for both the bill and the amendments upon the amendments had before fully passed the house of commons . vide plus concerning this bill on wednesday the th day of this instant march following . mr. vice-chamberlain one of the committees in the bill for her majesties safety , declared their meeting yesterday and great travel in the bill wherein they have made some amendments , delivered in the bill which was then read , and the said amendments being twice read , the bill upon the question was ordered to be ingrossed . sir edward hobby one of the committees in the bill for the preservation of grain and game brought in the bill with some amendments and additions made by the committees . the bill concerning the breadth of certain wollen-cloths had its third reading , and after many arguments passed upon the question . a proviso was offered to the committees for the bill of continuance of statutes by mr. strickland , the proviso being not read was delivered to mr. hammon . on monday the th day of march , two bills of no great moment had each of them one reading ; and after long arguments upon the second of the said bills being for the better ordering and good government of the city of westminster , it was upon the second reading committed unto mr. vice-chamberlain , mr. chancellor of the exchequer , mr. treasurer , sir thomas heneage and others , who were appointed to meet to morrow in the afternoon in the exchequer chamber . mr. richard carey one of the committees in the bill for plain white straights and pinned white straights brought in the bill with new amendments , which amendments being also twice read the bill was ordered to be ingrossed . two bills of no great moment were ordered to be ingrossed , the first after the bill it self had been read the second time , being against trying of tythes of lands in foreign counties ; the second after certain amendments and additions unto it had been twice read , it being the bill for the maintenance of the pier and cobb of lime regis in dorsetshire . the amendments in the bill touching latitats of the peace being twice read , the bill was ordered to be ingrossed . two bills also of no great moment had each of them one reading ; of which one being the bill for reformation of errors in fines and recoveries in the twelve shires of wales had its third reading . mr. attorney of the wards one of the committees in the bill for perfecting of assurances , brought in the bill again . mr. vernon with his learned councel was upon a motion by one of this house appointed to be heard , who came into this house with his councel accordingly ; where being heard at large , and the councel also of the other fide , they were sequestred out of the house : and after their departure it was resolved , after many and long arguments upon the question , that a proviso be added to the bill . and thereupon mr. sollicitor , mr. recorder , mr. sandes and others were appointed to draw the proviso . post meridiem . six bills of no great moment had each of them one reading ; of which one being the bill touching highways , another for continuance of statutes , and a third concerning tanners , curriers , shoomakers , &c. being all new bills , were each of them read the first time . on tuesday the th day of march , five bills of no great moment had each of them one reading ; of which the second being the bill for the better imploying of lands , tenements , &c. for the repairing of highways , &c. were each of them upon the second reading committed to the former committees and to mr. cromwell , mr. edgecombe , mr. barker and mr. shirley . but the time and place when and where the said committees should meet is wholly omitted through the negligence of the clerk. mr. attorney of the court of wards and mr. shirley brought in the bill again against delays in executions with some amendments only in form . a proviso by mr. cradock offered to the bill of safety , and the proviso read and rejected , and the bill passed upon the question without the said proviso . the bill touching jesuits , &c. being somewhat considered in the amendments , and the additions in the same once read , after some speeches and arguments touching the same amendments and additions , was committed further to be considered of unto all the privy council being members of this house , mr. sollicitor , mr. attorney of the wards , mr. recorder , mr. sands , sir william moore , mr. diggs , mr. doctor james , mr. heyle , sir thomas heneage , sir henry cocke , sir drew drewry and others , who were appointed to meet at two of the clock this afternoon in the exchequer chamber . a bill also that actions upon the case and for tryal of title of lands shall not be brought in foreign counties , passed upon the question after the third reading . the amendments in the bill against delay of executions was twice read , and thereupon the bill was ordered to be ingrossed . on wednesday the th day of march two bills of no great moment had each of them their second reading ; of which the first touching the true making of hats and caps was rejected , and the second touching the water-bayliff was upon the second reading committeed unto m r treasurer , sir henry nevill , sir nicholas woodruffe , and others , and the bill was delivered to sir nicholas woodruffe and others , who were appointed to meet this afternoon in the exchequer chamber . a proviso to the bill for shoomakers , &c. was thrice read , and the bill with the same proviso being put to the question passed . a proviso to the bill touching tellors and receivors , &c. was twice read , and the proviso and bill committed to the former committees , and there were added unto them these following ( viz. ) m r sollicitor , m r john hare , m r skinner , m r aldred , m r fenner and m r audeley , who were appointed to meet in the committee chamber of this house to morrow morning . a proviso also agreed unto by the committees and to be added to the bill for reformation of errors in fines and recoveries in the twelve shires of wales and counties palatine , with the privity and likeing also of m r vernon himself and one of his councel , and of the sollicitor and one of the councel learned of sir edward herbert knight , was brought in by m r sollicitor , and being twice read was ordered to be ingrossed . six bills were sent up to the lords from the house of commons by m r treasurer and others ; of which the last being a bill against delay of executions did at this time pass the house upon the third reading immediately before it was sent up , ut supra . four-bills of no great moment had each of them one reading ; of which the last being the bill for maintenance of the pier and cobb of lime regis in the county of dorset had its third reading : upon which a proviso was offered unto it , which being twice read was allowed by the house and ordered to be ingrossed , and so was ingrossed in the end of the said bill and afterwards read the third time . and so thereupon the bill passed upon the question . m r treasurer with the residue returning from the lords , he shewed that they have moved their lordships for conference in certain points touching the bill of jesuits , and that the committees of this house moved their lordships to amend some such words in their own amendments , as which albeit the committees of that house thought meet to be done for the matter , yet they said they could not do it but by order of the house . and the said m r treasurer said , that yet nevertheless because that imperfection might be very well holpen by a proviso of this house , he wished rather to take that course in the matter , than further to urge the lords in that point . and said further , that for other parts also of their lordships amendments and additions to the said bill it was thought good by the committees of both the said houses to have further conference together therein again for the more speedy dispatch of the same . the bill touching process of the peace awarded out of the court of chancery and kings bench was upon the third reading committed again unto sir heury nevill , m r sollicitor , m r cromwell and others , and the bill was delivered to the said m r cromwell , who was with the rest appointed to meet to morrow in the afternoon in lincolns-inn hall. m r recorder of london one of the committees in the bill against idle and incontinent life brought in the old bill and also a new bill . m r sandes one of the committees in the bill touching apprentices brought in the old bill and also a new bill . on thursday the th day of march it was ordered that the house should be called together upon saturday in the afternoon , and then also a collection to be made for the poor . m r francis hastings being imployed in post in the service of her majesty was upon a motion made thereof by m r speaker dispensed with and excused for his absence . francis bromley esq one of the knights for the county of salop , was licensed for his great business at the assizes to depart . sir william moore , m r cromwell and m r utreght were appointed to examine one john bland a currier , of whom the house had heard that he said concerning the tanners bill lately read in the house , that the bill had been allowed upon the reading although a great part of it had been omitted . vide on saturday the th day of this instant march following . three bills of no great moment had each of them one reading ; of which the second being the bill for continuance of statutes was upon the second reading committed again to the former committees to whom were added these following , viz. m r strickland m r recorder , m r heyle , m r sollicitor and m r sands ; to which bill six provisoes or additions were twice read , and two of them rejected , and four of them committed to the four committees , who were appointed to meet this afternoon in the exchequer chamber and so for the bill of the savoy . m r serjeant rodes and m r doctor barkeley did bring from the lords three bills ; of which the second was the bill for the increase of pheasants and partridges . m r hammon one of the committees in the bill for the true answering of tythes brought in the old bill and also a new bill . the amendments and additions of the lords to the bill against jesuites , and also the amendment of this house added to their lordships said amendments , and also to their lordships schedule , were read and at large considered and agreed upon by the whole house . which done , upon further debating of the form and manner of the finishing thereof , it was thought fittest by some of the oldest parliament men of this house and by the clerk , that their lordships should be moved to reform their amendments according to the direction of our amendments in their said amendments , before we insert theirs into the said bill . on friday the . day of march , the bill for two fifteenths and tenths and one entire subsidy granted by the temporalty was read the third time and passed upon the question . the proviso to the bill for reformation of errors in fines and recoveries in the twelve shires of wales and counties palatine was read the third time , and passed with the bill upon the question . the proviso to the bill for the maintenance of the hospital of eastbridge in canterbury had its third reading , and the ordinances of the now bishop of canterbury were then read also , and so left to be further considered of in conference with the lords touching some words needful to be added in some part of the said ordinances . the bill touching the water-bayliff with some amendment by proviso was brought in again by sir henry nevill one of the committees . sir walter mildmay chancellor of the exchequer one of the committees in the bill for the savoy , shewed that they the said committees have met together about the said bill , and that they think meet that the master of the savoy do deliver unto this house a note of the names of the lessees , that they may be called and heard what they can say for themselves touching their several interests . the bill for continuance of statutes was brought in with some amendments by m r cromwell and m r hammon two of the committees , with one proviso also for the ports allowed of by the committees , and the three other provisoes residue of the four former disallowed by them , and so rejected by the house ; and the amendments twice read the bill was ordered to be ingrossed . and the proviso this day offered touching limitation of time for bringing in of sutes upon the penal laws now revived , was after sundry speeches respited to be further considered of in the mean time of ingrossing the bill . mr. tasborough one of the committees in the bill for the better imploying of lands , tenements , &c. given to the maintenance of high-ways and for relief of the poor , brought in the bill with some amendments and additions of provisoes . on saturday the th day of march , mr. cromwell one of the committees in the bill touching process of the peace , brought in the bill with some amendments , which were twice read and then ordered to be inserted into the bill which was already ingrossed : after which the said bill and amendments did pass the house upon the question after the third reading . two bills of no great moment had each of them one reading ; of which the first being the bill against the abuse of corn and grain was twice read and ordered to be ingrossed . upon report made unto this house by mr. speaker , that one john bland a currier of london had given out to some honourable persons , that this house passing the bill of the shoomakers had proceeded contrary to an order taken in the same house , which he said was , that the shoomakers bill should not be further read till the curriers bill were first read before ; and hath likewise reported , that the curriers could have no justice in this house ; and also that this house passed the said shoomakers bill when there were scantly fifty persons in the house ; and that if their friends had been there at that time , the said shoomakers bill had not passed at all . and further reported , that the bill for the tanners lately read in this house was not all read out , but some leaves thereof left unread at all . which speeches being very slanderous and prejudicial to the state of this house , and not meet to be passed without due consideration therein to be had , it was thereupon resolved , that sir william moore , mr. cromwell and mr. utreght should presently examine the said bland being now without the door of this house , who did then go forth for that purpose accordingly ; and returning back into the said house from the examination of the said john bland , sir william moore shewed , that the said bland being charged by them with his said leud demeanor , also avowed to his face before them by two witnesses , the one alledging in this house , that he said the curriers could have no justice in this house , and the other , that the curriers could have no equity in this house , did not , nor could not much deny the same speeches , as that there were not fifty persons in the house when the said shoomakers bill passed , and that the said tanners bill was not all read out ; and that it was ordered before by the house , that the shoomakers bill should not be read any more till the curriers bill had been first read before . and further answered , that he had been told so , but utterly refused in any wise to shew them who told him so . whereupon the said bland was brought by the serjeant to the bar , where being particularly and severally charged by mr. speaker , and confessing his name to be john bland , and that he was a currier of london , could not much deny the matter he was charged with , but in some sort excusing himself , and alledging that he had spoke some words to the foresaid effect to some of the shoomakers and none others , and that he was told of some ( he knew not he said of whom ) both of the said order of staying the said shoomakers bill from further reading till the curriers bill was first read , and also of the not through reading of all the whole tanners bill , and praying this house to be good to him and to forgive him his fault if , he said , he had offended . he was then sequestred the house . whereupon it was afterwards resolved after sundry motions and speeches , that in respect he was a poor man and had a great charge of children , he should , if he would acknowledge his fault and submit himself to the satisfaction of this house , be then delivered paying his fees , and that he should pay to the serjeant therein for his fee twenty shillings , and taking the oath of supremacy . which done , the said bland was brought in again to the bar , who kneeling upon his knee and being signified by mr. speaker of the pitiful and favourable consideration of this house towards him , upon condition of such his submission ( as aforesaid ) to be made , he then made the same submission accordingly , pronounced the said oath at the table after the clerk with his right hand upon the bible , kissed the book , and so then departed . vide concerning this matter on thursday the th day of this instant march foregoing . the bill for the increase of pheasants and partridges had its first reading ; which being read mr. treasurer did thereupon presently disavow and relinquish any authority or ability by the said bill of giving licence to any to take any pheasants or partridges for the provision of her majesties house . which done , sir henry cock did the like openly in the house in the behalf and by the appointment of the right honourable the lord steward . the bill for continuance of statutes was read the third time ; and a proviso touching the times limited for commencing of suits upon the penalties in the statutes revived for the increase of tillage , was twice read , and upon the question ordered to be ingrossed ; and the same proviso being once read again after the ingrossing thereof , the bill was put to the question , and passed accordingly . mr. serjeant rodes and mr. doctor barkley brought from the lords two bills ; the one for provision to be made for the safety of her majesties most royal person and continuance of the realm in peace , with some little amendments ; and the bill for the better and more reverend observing of the sabbath day ; with message from their lordships touching that bill , that as the same bill upon divers conferences had between both houses hath received divers alterations , additions and amendments upon amendments , so their lordships do desire that the said bill standing in such case of amendments , additions and other things as now it is in , may be fair written again in parchment , and then so further to be examined by the committees of both houses , that by the agreement of both houses the record of so good and godly law may remain fair and perfect , and then the bill to be new passed again in both houses . which matter being opened to the house by mr. speaker ( after the departure of the said mr. serjeant rodes and mr. doctor barkley ) the said motion from the lords therein was assented unto by this house accordingly , and liked well of . vide concerning this matter on thursday the third day of december foregoing . the amendments in the bill for provision to be made for the safety of her majesties most royal person , and continuance of the realm in peace added by the lords before their late sending down thereof , were only these , ( viz. ) the words [ foreseeing that ] were put in for the words [ so as ] which said words so newly added by their lordships were at this time twice read , the bill it self having before passed this house , and from hence sent up to the lords on wednesday last past ( being the th day of this instant march ) and being well allowed by the said house , the same were inserted into the same bill accordingly , and presently after were read the third time , and so passed upon the question . and the said bill was sent back again to the lords by mr. treasurer and others , with four other bills of no great moment , with direction to pray their lordships , that conference may be had touching the bill against jesuits , according to the former resolution of this house . the amendments in the bill for the better imploying of lands , tenements , &c. given to the maintenance of high-ways , &c. and for relief of the poor , and provisoes added to the same bill , were all twice read ; and so the bill and all the amendments and provisoes were ordered to be ingrossed . the amendments and provisoes added to the bill touching the water-bailiff were twice read and ordered with the bill to be ingrossed . on monday the th day of march , three bills of no great moment had each of them one reading ; of which the second being the bill that marriages may be lawfully solemnized at all seasons of the year , was twice read and ordered to be ingrossed . mr. serjeant rodes and mr. doctor barkley did bring from the lords three bills ; of which one was for establishment of an award made between the lord rich and sir thomas barrington knight ; and the third was a bill for the inning of erith and plumsted marsh. nota , that these two bills are not at all mentioned in the original journal-book of the upper house , to have been sent down at this time from the lords to the house of commons ; but only the bill against jesuits : and it is very probable that they were omitted through the negligence of anthony mason esq at this time clerk of the upper house . the bill against abuses in making of devonshire kersies was upon the second reading committed unto sir william mohun , m r edgcombe , sir francis drake and others , and the bill was deliverd to m r prowze , who with the rest was appointed to meet this afternoon in the middle-temple hall. it was ordered upon a motion this day by m r recorder of london that a warrant for a writ of priviledge be awarded for setting at liberty of john pepler now prisoner for debt in the counter in london , servant unto sir philip sidney a member of this house . a new proviso and certain amendments now newly added to the bill for maintenance of the hospital of eastbridge in canterbury were three times read , and all passed upon the question . the bill for keeping the county court at morpeth for the county of northumberland , was upon the second reading committed unto m r treasurer , m r comptroller , sir thomas heneage and others , and the bill was delivered to the said m r treasurer , who with the rest was appointed to meet this afternoon in the exchequer court. the amendments in the bill against idle and incontinent life and for the punishment of rogues and vagabonds , and the proviso for southwark were twice read , the said proviso was committed , and the bill in the mean time order ed to be ingrossed . m r doctor barkley and m r doctor carey did bring word from the lords that their lordships do desire that a committee of this house may be appointed to have conference with their lordships this afternoon touching the bill for the breadth of cloaths , lately sent from this house unto their lordships whereupon the former committees of this house in the same bill are appointed for that purpose accordingly . three bills of no great moment were sent up to the lords from the house of commons by m r vice-chamberlain and others ; whereof the last was touching certain assurances of the bishop of exeter and the dean and chapter of the same . on tuesday the th day of march four bill of no great moment had each of them one reading ; of which the third being the bill for the establishment of the company of curriers of london had its first reading ; and the fourth touching the taking of apprentices was upon the second reading committed unto sir william moore , m r sollicitor , m r recorder and others , who were appointed to meet this afternoon in lincolns-inn hall. the bill for the true using and making of malt was upon the second reading committed unto m r treasurer , m r john hare , sir william moore , and others , and the bill was delivered to m r treasurer , who with the rest was appointed to meet this afternoon in the exchequer chamber . m r cromwell one of the committees touching devonshire kersies called dozens , brought in the bill with some amendments . three bills of no great moment had each of them one reading ; of which the first being the bill against the abuse of corn and grain , had its third reading , and certain amendments which had been added unto it , after they were twice read , were ingrossed . four bills were sent up to the lords from the house of commons by m r treasurer and others , of which the last was the bill concerning the water-bayliff . the amendments and additions to the bill that the lands , tenements , &c. of tellors , receivors , &c. shall be lyable to the payment of their debts , were twice read , and the additions ordered to be ingrossed . two bills were sent down from the lords to the house of commons ; of which the last was for the incorporation of the hospital of christ in the town of sherburn ; and the first for the grant of a subsidy of the clergy with the confirmation of the lord archbishop of canterbury ; which said bill is mentioned in the original journal book of the upper house to have passed this day , but not to have been sent down to the house of commons . the bill that recusants shall not have armour , weapons or shot in their custody , was upon the second reading committed unto all the privie council , sir henry cock , sir john higham , m r atturney of the wards and others , who were appointed to meet to morrow in the afternoon in the exchequer . the bill for the maintenance of forts , bulwarks , &c. near to the town of southampton had its second reading , and was rejected upon the question . post meridiem . five bills of no great moment had each of them one reading ; whereof the second being a new bill for the true answering of tythes had its first reading ; and the third being the bill for the establishment of an award made between the lord rich and sir tho. barrington knight was read the third time , and committed unto m r audeley , m r atie , m r wiseman and m r grafton , who were appointed to meet to morrow morning in the exchequer court. on wednesday the th day of march the bill touching slanderous books and libels was read the first time , and upon the question rejected . the bill for keeping of the county court at morpeth for the county of northumberland was brought in again by m r treasurer one of the committees , who reported to the house , that the committees thought good in the bill after the word morpeth in the th line of the same bill , to have these words [ or alnwick ] inserted and put in by the lords . the amendments and schedule in the bill for the good government of the city of westminster were twice read , and committed to m r treasurer , m r recorder , m r cromwell , m r grafton and others , and the bill was delivered to m r treasurer , who with the rest was appointed to meet this afternoon in the exchequer court. the bill touching apprentices was brought in again by m r attorney of the wards , one of the committees , who reported that he attended for the residue of the committees yesterday at the place and time appointed , but that none of them came thither . the bill against idle and incontinent life , and and for the punishment of rogues and vagabonds , was read the third time , and two provisoes added unto it were twice read and ordered to be ingrossed . whereupon the said bill and the proviso passed upon the question . mr. attorney general and mr. powle did bring from the lords a bill for the paving of the town of new windsor , and a message from their lordships for present conference with some of this house touching the bill against fraudulent conveyances , &c. before passed from this house unto them ; with further message from their lordships , that their lordships have sent sundry bills to this house which are not returned unto them again , and therefore think that those bills have not that ordinary course of reading and expedition which were requisite , and therefore do pray better speed in those bills that are nearest and readiest to the course of passing , and then to deal with other bills as their course shall require . mr. vice-chamberlain , mr. chancellor of the exchequer , mr. morrice , mr. attorney of the wards , mr. recorder of london , mr. grafton and mr. alford were appointed presently to repair to the lords for conference in the bill against covenous and fraudulent conveyances . and the bill passed this house against the abuse of corn and grain , was sent up to their lordships by the said mr. vice-chamberlain and others . and the bill likewise for the better and more reverent observing of the sabbath day , fair written in parchment according to the former amendments and additions therein of both houses , with desire that the same new written bill may be examined by the former old bill , and the amendments and additions therein of both houses , according to the former agreement of both the same houses in that behalf , and so then to be passed in both houses accordingly . vide on thursday the third day , saturday the th day , monday the th day , thursday the th day , saturday the th day , and on saturday the th day of december foregoing ; as also on monday the th day , and on tuesday the th day of february preceding . the bill for increase of pheasants and partridges was upon the second reading committed unto mr. treasurer , mr. vice-chamberlain , sir william moore and others , and the bill was delivered to mr. treasurer , who with the rest was appointed to meet this afternoon in the exchequer chamber . the amendments and additions in the bill for the preservation of grain and game , were read and committed to sir john higham , mr. william staughton , mr. audeley , mr. topcliffe and others , who were added to the former committees for increase of pheasants and partridges , and made with them ( as it seemeth ) one committee for both the foresaid bills , being to meet as for the former this afternoon in the same place . the amendments in the bill that parsonages impropriate may be disposed to godly and charitable uses were twice read , and were ordered to be inserted in the bill ; which being so done , the same amendment ingrossed was read and also passed upon the question . sir christopher hatton her majesties vice-chamberlain returning from the lords shewed , that he and the residue of the committes of this house appointed to have conference with their lordships in the same bill , and that their lordships will presently send down the same bill to this house with some amendments as their said lordships do think meet . and shewed further , that he and the residue moved their lordships touching the foresaid new written bill for the better and more reverent observing of the sabbath day ; and that thereupon their lordships and the committees of this house did examine the said new written bill with the said old former bill , and the amendments and additions of the same bill , the said whole new bill being read and found to agree without alteration or want of any one word , moved , that the said new written bill may be passed presently , which was thereupon so done accordingly . vide de ista materia on the day foregoing . the bill that was first read this day , and which was upon the reading thereof rejected , viz. the bill touching slanderous books and libels was by mr. speakers commandment delivered by the clerk of the parliament unto him in the afternoon of the same day before the siting of the house , and was he said , delivered over by him to mr. attorney general , with whom it seemeth it still remained . post meridiem . m r wiseman one of the committees in the bill for the establishing of an award made between the lord rich and sir thomas barrington knight , brought in the bill with an amendment of the alteration of one word only . four bills of no great moment had each of them one reading ; of which the last being the bill for incorporation of the hospital of christ in the town of sherburn was upon the second reading committed unto m r chancellor of the exchequer , m r recorder , sir drew drury and others , and the bill was delivered to m r recorder , who with the rest was appointed to meet to morrow in the afternoon in the exchequer court. on thursday the th day of march , seven bill of no great moment had each of them one reading ; of which one being the bill that lands , tenements , &c. of tellors , receivors , &c. shall be lyable to the payment of their debts was read the third time , and the amendment and schedule annexed was also read the third time , and the bill and all passed upon the question . and another being the bill for the inning of erith and plumstead-marsh was upon the second reading committed unto mr. treasurer , m r vice-chamberlain and others , who were appointed to meet this afternoon in the exchequer chamber . m r treasurer one of the committees in the bill for the true making of malt remembred the committees to meet in the exchequer chamber this afternoon . the bill for the better execution of the statute of the thirteenth of her majesty for reformation of certain disorders in ministers of the church was read the first time . four bills of no great moment were sent up to the lords from the house of commons ; of which the second was the bill , that the lands , tenements , &c. of tellors , receivors , &c. may be lyable , &c. and the last was the bill for the better and more reverent observing of the sabbath day . which said bills were sent up by m r vice-chamberlain and others . mr. serjeant rodes and mr. doctor barkley did bring from the lords three bills , viz. the bill touching the breadth of wollen-cloths with some amendments , which bill before passed this house ; the bill against fraudulent means used to defeat wardships , liveries and primer seisins , and the third was a bill for the assurance of certain lands to the lord hunsdon , with report touching that bill , that robert elrington and alice his wife were present before the lords and gave their consent to the passing of the bill . nota , that the second of the said bills is omitted in the original journal-book of the upper house through the negligence of the clerk. the bill for preservation of woods near the town of crambrooke in kent was upon the second reading committed unto sir philip sidney , sir henry nevill and others , who were appointed to meet upon saturday in the afternoon in the open exchequer court. three bills of no great moment had each of them one reading ; of which the last being the bill touching the curriers of london , was upon the second reading committed unto sir philip sidney , sir henry nevill , mr. rotheram and others , and the bill was delivered to sir william moore one of the said committees , who with the rest was appointed to meet this afternoon in the open exchequer court. the amendments and schedule in the bill for the good government of the city of westminster , were three times read and so passed upon the question . on friday the th day of march the bill for the assurance of certain lands to the lord hunsdon , was read the second time . mr. elrington and alice his wife being brought to the bar did there give their open assents to the passing of the said bill . sir william moore one of the committees in the bill for the curriers , brought in the bill with some amendments , and declared further , that upon their conference together they misliked much of many parts of the bill , as to have persons made free of london by act of parliament , and that it should breed a very hard course and prejudicial precedent to all sorts of artificers dwelling within three miles of the city of london . mr. treasurer one of the committees in the bill touching the true making of malt shewed , that they have met but have done nothing in the same bill , and so brought in the same bill to be now read only for the reviving of the former statute in that behalf without any alteration or addition , which bill was then in that course so read accordingly , and the amendment therein for the limitation of the continuance twice read , and so the bill was ordered to be ingrossed . the amendments in the bill against jesuits , seminary priests and such other disobedient subjects being perfected according to the said agreement of this house therein , were now upon the question likewise passed and assented unto accordingly . mr. serjeant rodes and mr. doctor barkley did bring from the lords the bill against covenous and fraudulent conveyances returned with some amendments . two bills of no great moment had each of them one reading ; of which the first being a bill for the better execution of the statute of the thirteenth of her majesties reign for reformation of certain disorders in the ministers of the church , was upon the second reading committed unto mr. treasurer , mr. sollicitor , mr. recorder and others , who were appointed to meet this afternoon in the exchequer chamber . the amendments in the bill touching the breadth of wollen cloths were read three times , and so the said amendments passed upon the question . the bill against fraudulent means used to defeat wardships , liveries and primer seisins was upon the second reading committed unto mr. vice-chamberlain , mr. chancellor of the exchequer and others , who were appointed to meet this afternoon in the exchequer chamber . mr. serjeant rodes and mr. doctor barkley did bring from the lords the bill for preservation of timber in the county of surrey , sussex and kent returned with some amendments , and a request also from their lordships , that some of this house may be appointed to have conference with their lordships at three of the clock this afternoon , touching a branch in the bill for continuance of statutes which concerneth the eating of fish upon wednesday . whereupon were appointed thereunto all the privy-council , mr. morrice , sir william moore , sir thomas heneage , sir henry cock , mr. cromwell , mr. recorder and others . two bills of no great moment had each of them one reading ; of which the first being the bill for the perfecting of assurances was read the third time and stayed from the question till to morrow . on saturday the th day of march , three bills of no great moment had each of them one reading ; of which the second being the bill for the better imploying of lands , tenements , &c. to the repairing of highways and for the relief of the poor , had its third reading , and was rejected upon the question . the amendments in the bill against moor-burning were twice read and agreed to be inserted in the ingrossed bill , and being so presently inserted was read the third time and passed upon the question . the amendments in the bill against covenous and fraudulent conveyances were twice read and agreed unto by the house , and ordered to be ingrossed in the bill accordingly . mr. chancellor of the exchequer one of the committees in the bill for the inning of erith and plumstead-marsh , and in the bill for the incorporation of the hospital of eastbridge , brought in the same bill with some amendments . mr. treasurer one of the committees in the bill for the better execution of the statute of the thirteenth of her majesty for reformation of disorders of ministers of the church , brought in the old bill and also a new bill , praying , that the said new bill may be read , which was thereupon twice read and ordered upon the question to be ingrossed . there were sent up to the lords from the house of commons nine bills by mr. treasurer and others , of which the last was the bill for chichester-haven . the amendments in the bill for the inning of erith and plumstead-marsh were thrice read and agreed upon by the house to be passed with the bill , and mr. baptist on the one part , with one jacob seal on the other part , were heard in the house , and after their departure out again the house did offer some speeches and motions in the matter , but did rise without any resolutions therein . vide march . postea . on monday the th day of march , the bill for the draining of fens , marshes , &c. was upon the second reading committed unto mr. chancellor of the exchequer , sir richard knightley , mr. john north and others , who were appointed to meet to morrow in the afternoon in the exchequer chamber . the bill against excessive fees and taxations in ecclesiastical courts , was upon the second reading committed unto mr. beale , mr. strickland , mr. thomson , sir william herbert , mr. morris and others , who were appointed to meet this afternoon in the exchequer chamber . the bill for perfecting of assurances after sundry arguments was read the fourth time , and again after the same reading thereof the bill was referred to the conference of the former committees , as also of mr. owen , mr. shirley , mr. dalton and mr. david williams to meet this afternoon in the exchequer chamber , to confer this bill with that against covenous and fraudulent conveyances together , and aftewards further to inform this house . mr. serjeant rodes and mr. doctor barkley did bring from the lords three bills , viz. the bill with one only word amended touching artificers using the cutting of leather , which before passed in this house ; the bill with some amendments and additions for reformations of errors in fines and recoveries in the twelve shires of wales and counties palatine ; and a bill to provide remedy for her majesties wardships , liveries and primer seizins in certain cases . and they also shewed that their lordships did desire present conference with half a dozen of this house touching the good government of the city of westminster . whereupon were presently appointed mr. treasurer , mr. robert cecill , mr. recorder , mr. cromwell , mr. wroth , mr. owen and mr. morrice , who returning from their lordships shewed , that their lordships do not very well allow of the addition of this house in the said bill to restrain the liberty and jurisdiction of the dean of westminster , as well in his own liberty as in his government of the prebendaries and ministers of the church there , and so he thinketh their lordships will add something to that purpose to the additions of this house . the second proviso to the bill for incorporation of the hospital of christ in the town of sherborn was twice read and ordered to be ingrossed . the bill for the execution of the statute of the thirteenth of the queens majesty , for reformation of certain disorders in the ministers of the church , was read the third time , and after many arguments passed upon the question . on tuesday the th day of march , mr. attorney of the wards one of the committees in the bill to provide remedy against fraudulent means used to defeat wardships , liveries and primer seisins , brought in the same bill again , which had this day its first reading . mr. morrice one of the committees in the bill for perfecting of assurances brought in the same ; and also the bill against covenous and fraudulent conveyances , and also a new bill . the amendments in the bill touching the taking of apprentices were twice read , and committeed to the former committees , and to mr. williams , mr. hare , mr. cromwell , mr. wroth , mr. cole and mr. prowze ; and the bill was delivered to mr. wroth , who with the rest was appointed to meetu pon thursday next in the afternoon in the middle-temple hall. m r vice-chamberlain one of the committees in the bill against defeating of wardships , liveries and primer scisins , shewed , that the committees have travailed and for some things by them thought requisite to be amended do think ( if this house shall so like . ) that some of the same committees may pray conference with the lords therein . whereupon it was agreed , that the said former committees , or some convenient number of them may so do . and then four bills of no great moment were sent up to the lords by m r vice-chamberlain and others ; of which the last was the bill for the paving of the town of new-windsor in the county of berks. three bills of no great moment had each of them one reading ; of which the first being the bill for incorporation of the hospital of christ in the town of sherborn neer durham was read the third time and passed upon the question . the amendments in the bill for disarming of recusants were twice read , and the bill ordered to be ingrossed . upon further arguments and motions had touching the proceeding in the bill for the inning of erith and plumstead marsh , it was agreed , that m r smith , m r baptist , m r youngue and roger james be warned by the serjeant of this house to be here to morrow morning , that upon some conference to be had with them by this house , the said bill may the better proceed to the passing . on wednesday the twenty fourth day of march , four bills of no great moment had each of them one reading ; of which the first being the bill for the true payment of the debts of philip bassett esquire , was upon the second reading committed unto m r vice-chamberlain , m r chancellor , sir richard knghtley , m r digby and others , and the bill was delivered to m r vice-chamberlain : all these to meet to morrow in the afternoon in the exchequer chamber . and the second being the bill for suppressing of pirates and piracy was upon the second reading committed unto m r treasurer , sir drew drewrie , sir nicholas woodruff , m r richard brown , m r docter fletcher and others , who were appointed to meet on saturday next in the afternoon in the exchequer chamber . the amendments and additions in the bill for reformation of errors in fines and common recoveries in the twelve shires of wales and counties palatine , were read three times and passed accordingly . m r serjeant rodes and m r doctor barkely did bring from the lords word , that their lordships do presently desire conference with some of this house touching the bill for continuance of statutes . the bill for the incorporation of the hospital of christ in the town of sherborn near durham with two others of no great moment were sent up to the lords by m r treasurer and others , who were also appointed to attend the lords in the conference touching the bill for continuance of statutes according to their lordships requests . m r vice-chancellor of the exchequer one of the committees in the bill against frauds used in defeating of wardships , liveries and primer seisins , shewed , that they have met and travailed in the same bill , and have thought good to make a new bill ; but yet nevertheless not meaning to impeach the old bill coming from the lords ; and that the said new bill ( he said ) he thought was not so sufficiently considered of by the said committees , but that it requireth further consideration amongst them ; praying notwithstanding a present reading of the said bill . which was thereupon so read accordingly , m r grafton one of the committees in the bill for preservation of woods near crambrook in kent , brought in the bill again . two bills of no great moment had each of them one reading ; of which the first being the bill for the true payment of tythes was read the third time , and after many long arguments dashed upon the question . m r chancellor of the exchequer returning from the lords shewed , that this morning as he came to this house he found m r baptist , m r customer smith , and the sollicitor of jacob seal , who were all of them agreed to such conditions of recompence and consideration to be had towards the said jacob , as that the bill may with their liking be read to the passing ; whereupon the amendments ..... same ..... but that which should here follow is through the negligence of the clerk wholly omitted ; yet it may seem , as may be collected out of a former passage of this business , on tuesday the d day of this instant march foregoing , that this bill here mentioned by sir walter mildmay chancellor of the exchequer , was the bill touching the inning of erith and plumstead marsh ; and that the amendments of the same bill which had been formerly thrice read on saturday the th day : of this instant march , did at this time pass the house . m r treasurer and the residue returning from the lords , m r treasurer shewed , that the cause for which their lordships desired conference was , that in respect of the great experienced benefit grown to increase of the navy and mariners of this realm by the late law for eating of fish upon wednesdays , their lordships wished a provision to be made for the eating of fish and no flesh at all hereafter upon the wednesday in all places of this realm twenty five miles distant from the sea , and also in the cities of london , york and bristol , and in all places of this realm within five miles of the said cities . whereunto he said , as he and the residue could say nothing , because they knew not the pleasure of this house therein ; so he said he thought their lordships additions in the bill passed this house unto the lords for the good government of the city of westminster , did seek too much to abridge the dean of westminster being the lord of the said borough , in his liberty and jurisdiction of his own house and servants , and of the prebendaries and other churchmen and their servants , being all under his own peculiar government : and also that he thought their lordships could likewise help the same again with some amendment to the amendments of this house in the same bill to be sent down hither and assented unto by this house . on thursday the th day of march , thomas patrick being brought to the bar for serving a subpoena upon m r cook a member of this house during the time of this present session of parliament , in the behalf and at the suit of margery dike , was ordered upon his submission to deliver a copy of the bill to m r cook gratis , to give him twenty shillings for the charge of his answer , and to pay the serjeants fees. roger vanconge a dutchman and merchant stanger being this day brought by the serjeant to the bar for arresting of john werrall servant unto thomas powell esq a member of this house , for debt , and carrying him into the counter of woodstreet in london ; and the said john werrall being also brought to this house , it was after several examinations had by this house as well of the said roger vanconge , as of the said john werrall , at last after many long motions and arguments upon the circumstances falling out in the said examinations resolved , after the doubtfulness of the greater number of voices upon the question , by the division of the house , that the said john werrall should not have priviledge of this house , but should first openly in the house take oath against the supremacy of the bishop of rome , and then be remanded to the said prison of the counter again in state as he was before , which was so done accordingly , for that it did manifestly appear unto this house as well by the confession of the same werrall , as also by the confession and by a letter of his own subscribed with his own hand ( and so confessed by himself ) directed to one dakings , that fraudulently and covenously he procured himself to be received into the service of the said m r powell this parliament time to escape from arrests , to the delaying and defeating of his creditors ; upon which dividing of the house there were with the yea or i eighty five voices , and with the no but sixty nine . m r vice-chamberlain one of the committees in the bill touching wards and liveries , brought in the bill again with some amendments , and referred the same amendments to the further reading of the bill ; which bill was then read accordingly , and the amendments twice read , and the bill was ordered to be ingrossed . m r chancellor of the exchequer one of the committees in the bill touching draining of fenns brought in the bill again , as a bill thought good by the same committees to be reserved till the next parliament , and to be left in the house for that purpose . on friday the th day of march the amendments and additions in the bill for preservation of woods near unto the town of crambrook in the county of kent was upon the second reading ordered to be committed again to the former committees . the bill for naturalizing of certain english mens children born beyond the seas was upon the third reading passed . m r wroth one of the committees in the bill for the increase of pheasants and partridges brought in the bill again with some amendments , and the same amendments being twice read the bill was again after sundry speeches and arguments committed to the former committeees . m r serjeant rodes and m r powle did bring from the lords two bills ; of which one was the bill for the good government of the city of westminster . m r chancellor of the exchequer one of the committees in the bill for the true payment of the debts of philip bassett esquire , brought in the bill again as a bill agreed by them to be reserved until the next parliament . six bills of no great moment had each of them one reading , and were sent up to the lords from the house of commons ; of which one was the bill ( with the amendments ) for the keeping of the county court at morpeth and the town of alnwick in the county of northumberland ; and another bill being for the safe keeping of obstinate recusants armour was sent back again unto the said house from their lordships ( who gave it presently three readings ) by serjeant rodes and m r powle . the bill touching wardships and liveries was read the third time and dashed upon the question , there being but seventy five voices for it and ninety five against it . the bill for the good government of the city of westminster with the amendments according to the last additions was sent up to the lords by m r treasurer and others . m r william stoughton one of the committees in the bill against excessive fees and taxations in the eclesiastical courts , brought in the bill again . on saturday the th day of march , after the letany was read and the prayers ended , mr. speaker signified unto the house that her majesties commandment was , that this house do not sit this present day , but do assemble here again on monday next in the forenoon , at which time they shall then know her majesties further pleasure . on monday the th day of march m r serjeant rodes and mr. doctor barkeley did bring from the lords the bill for the maintenance of the pier and cobb of lime regis in the county of dorset with some amendments . the bill for increase of pheasants and partridges was twice read , and the amendments thereof thrice , and then it was put to the question whether or no the said bill with the amendments should pass ; and it was found that there were one hundred and thirteen voices for the passing of the bill , and but seventy five against it . the amendments and schedule in the bill for the maintenance of the pier and cobb of lime regis were thrice read , and so passed accordingly upon the question . the amendments also in the bill for the safe keeping of the armour of obstinate recusants were thrice read and passed upon the question . post meridiem . three bills of no great moment were sent up to the lords from the house of commons by mr. treasurer and others ; of which the first was the bill touching the armour of obstinate recusants , and is omitted in the original journal-book of the upper house ; but the other two touching pheasants and partridges with their amendments , and touching the pier and cobb of lime regis , are there set down to have been sent up as aforesaid . m r serjeant gawdy and m r serjeant rodes did bring down from the lords to the house of commons the bill of subsidy ( which is omitted in the original journal-book of the upper house ) and the bill for her majesties gracious , general and free pardon ; which being once read passed upon the question accordingly . her majesty with divers of the lords spiritual and temporal being set in the upper house about ..... of the clock this afternoon ; the knights , citizens and burgesses of the house of commons had notice thereof , and thereupon repaired thither with john puckering serjeant at law their speaker , who being placed at the rail or bar at the lower end of the said upper house , did according to the usual form humbly crave her majesties most royal assent to such good laws as had passed the two houses . whereupon her majesty having by her assent given life to thirty publick acts and nineteen private , the parliament was prorogued unto the th day of may next ensuing , and at last after five other prorogations it was dissolved upon wednesday the th day of september anno regin . eliz. anno domini . the journal of the house of lords . an exact and perfect journal of the passages of the upper house in the parliament holden at westminster , anno reginae eliz. anno domini . which began there on saturday the th day of october ( after two several prorogations thereof ) and then and there continued until it was at length dissolved on thursday the th day of march , anno reginae ejusdem . the journal of this parliament both in respect of the greatness of the matter handled in it , being the business of mary queen of scots , as also of the many rare precedents which happened in the carriage of it , the queens person being represented and the lord chancellors place supplied by others , with the adjournment and re-assembling again of the same , somewhat extraordinary , is and ought to be esteemed most worthy of observation . and it is most plain that this parliament was at the first ( beyond the queens own expectation ) summoned and afterwards assembled upon no other cause or ground than the timely and strange discovery of that bloody and merciless treason plotted by babington and others for the violent cutting off her majesties life , of which mary queen of scots had been first by a most just and honourable tryal fully convicted , and afterwards judicially pronounced to have been in a high nature guilty . but yet her majesty not satisfied with her so just a tryal and attainder , assembled the parliament on purpose , that so all those former proceedings how just so ever might be further committed and referred to the impartial examination and final judgment of the whole realm . and that this great council of the kingdom was merely called together at this time about this business is most plain , because the last prorogation of ths former parliament holden in anno regin . eliz. anno dom. . was from the th day of april anno regin . eliz. anno dom. . unto the th day of november then next ensuing : but long before the said day the former conspiracy being discovered about the latter end of july in anno eodem , the former parliament was dissolved on wednesday the fourteenth day of september following , in the th year of her majesty ; and this new one assembled on saturday the th day of october immediately after ensuing : at which time the queen came not to the upper house in person , but was represented by three commissioners ; not as her majesty afterward professed , because she feared the violence of any assassinte ; but because she abhorred to be an hearer of so foul , and unnatural a conspiracy plotted against her by the scottish queen , a kinswoman so near to her highness ; yet by this means her absence doubtless drew on the greater safety ; and her loving and loyal subjects did the more clearly perceive in how great and unavoidable danger she stood as long as that queen lived , and were therefore doubtless stirred up to consult in this so important a cause with the greater zeal and earnestness for the preservation of religion , the security of her majesties life , and the safety of these realms . which matters the lords of the upper house did so seriously intend , as that in this first meeting in this present parliament , which lasted from the foresaid th day of october being saturday , unto the second day of december next following being friday , it appeareth not in the original journal-book of the upper house , that any one bill publick or private was read , or so much as once treated of . this parliament was summoned to have begun on saturday the th day of october anno regin . eliz. at which said day her highness for great and weighty causes and considerations her thereunto especially moving , did prolong and adjourn the said parliament unto thursday being the th day of the said month of october , by vertue of a writ under the great seal dated the eighth day of this present october ; whereupon on the said th day of october the archbishop of canterbury with divers other lords and councellors repaired to the parliament chamber commonly called the upper house , and there in presence of divers lords spiritual and temporal the knights , citizens and burgesses summoned to the same parliament did declare her highnesses pleasure to prorogue the same parliament from this first summoned day until the th of the said month , and thereupon the writ for the said prorogation was publickly read by the clerk of the upper house . upon the said th day of october sir thomas bromley knight lord chancellor of england , and divers lords with a good number of the house of commons met again in the parliament chamber , and did again prorogue this present parliament after the usual and accustomed form unto the saturday next following , being the th day of this present october . on which said th day of october the parliament held accordingly , and the lords in the afternoon repaired to the upper house , and there placed themselves according to their several degrees ; upon which the knights , citizens and burgesses having notice that the lords expected their presence , repaired to the said house , and being let in as many as could conveniently , sir thomas bromley the lord chancellor declared unto the whole assembly , that her majesty was so hindred by great and urgent occasions as she could not be present , yet had notwithstanding given full authority to three members of the upper house in her majesties name and stead to begin the said parliament . whose names are entred in the original journal-book of this parliament in manner and form following . regina representata per commissionarios , viz. archiepiscopum cantuariensem . dominum burleigh thesaurarium , & comitem darbiae magnum seneschallum . all the lords then present were these following . archiepiscopus cantuarien . thomas bromley miles dominus cancellarius . archiepiscopus eboracen . dominus burleigh . dominus thesaurarius angliae . comites . comes oxon magnus camerarius . comes kantiae . comes darbiae magnus seneschallus . comes wigorn. comes rutland . comes cumberland . comes sussex . comes pembrook . comes hartford . comes lincoln . vicecomes mountague . episcopi . episcopus london . episcopus dunelmen . episcopus winton . episcopus bathon . & wellen. episcopus sarisburien . episcopus roffen . episcopus exon. episcopus cestren . barones . dominus howard admirallus . dominus aburgavenny . dominus zouch . dominus barkley . dominus morley . dominus dacres . dominus cobham . dominus stafford . dominus grey de wilton . dominus lumley . dominus stourton . dominus darcie . dominus sandes . dominus windsor . dominus wentworth . dominus borough . dominus cromwell . dominus evers . dominus rich. dominus willoughby de parham . dominus darcie de chiche . dominus shandois . dominus s t john. dominus buckhurst . dominus delaware . dominus compton . dominus cheney . dominus norris . the lords being all set in this order in their parliament-robes , and the judges placed , with other attendants and assistants of the upper house , being also before the said lords commissioners had taken their places on the right side of the chair of state , the lord chancellor shewed forth the queens majesties letters patents , by which she committed full power to the archbishop of canterbury , the lord burleigh lord treasurer of england , and the earl of darby , to supply her place in the said parliament , which were as followeth : viz. hodie cùm omnes proceres robis parliamentaribus induti in suo loco quisque sederent , & milites , cives & burgenses qui ad hoc praesens parliamentum summoniti fuerunt , praesso essent , & jam universt tam proceres quàm communes reginae adventum expectarent ; thomas bromley miles dominus cancellarius exponit omnibus , regiam majestatem maximis & urgentissimis causis adeò esse impeditam , ut non queat impraesentiarum commodè interesse ut decreverat . nihilominus inquit , sua majestas literis suis patentibus plenam potestatem commisit reverendissimo in christo patri johanni cantuar. archiepiscopo totius angliae primati & metropolitano , ac praedilecto & fideli suo willielmo domino de burleigh domino thesaurario angliae , ac charissimo consanguineo suo henrico comiti darbiae , ad facienda nomine suo omnia & singula quae in dicto parliamento gerenda essent ; ut per easdem liter as patentes 〈◊〉 apparet , quas hiis dictis dominus cancellarius clerico parliamentar . publicè legendas tradidit . earum autem tenor sequitur in haec verba . elizabetha dei graetiâ angliae , franciae & hiberniae regina , fidei defensor , &c. omnibus ad quos praesentes literae pervenerint , salutem . sciatis quòd cùm de advisamento concilii nostri pro quibusdam arduis & urgentibus negotiis nos , statum & defensionem regni nostri angliae ae ecclesiae anglicanae concernen . quoddam parliamentum nostrum apud civitatem nostram westmonaster . o die instant . mensis octobris teneri ordinavimus ; quia verò propter certas causas ad parliamentum praedictum non potuerimus interesse , nos de circumspectione , sideliate & industria reverendissimi in christo patris johannis cantuar. archiepiscopi totius angliae primat . & metropolitan . ac praedilecti & fidelis nostri willielmi domini de burleigh domini thesaurarii angliae , ac charissimi consanguinei nostri henrici comitis darbiae , plenam fiduciam reportand . eisdem archiepiscopo , willielmo domino de burleigh & henrico comiti darbiae , & duobus eorum ad parliamentum praedictum nomine meo inchoand . & tenend . negotiáque praedict . exponend . & declarand . ac exponi & declarari faciend . necnon in negotiis illis & parliamento praedicto , ac omnibus & sin gulis in eo procedend . & ad faciend . omnia & singula quae pro nobis & per nos pro bono regimine & gubernatione praedicti regni nostri angliae ac aliorum dominiorum nostrorum eidem regno nostro pertinen . ibid. fuerint faciend . necnon ad parliamentum illud , si necesse fuerit , continuand . adjournand . & prorogand . de assensu concilii nostri praedicti plenam tenore praesentium committimus prtestatem . dante 's ulteriùs de assensu ejusdem concilii nostri tam universis & singulis archiepiscopis , episcopis , comitibus , vicecomitibus , baronibus & militibus quàm omnibus aliis quorum interest ad parliamentum nostrum praedictum conventur . similit . tenore praesentium firmiter in mandatis , quòd eisdem archiepiscopo , willielmo domino burleigh , & henrico comiti darbiae , & duobus eorum intendant in praemissis in fornia praedicta . in cujus rei testimonium has literas nostras sieri fecimus patentes . teste meipsa apud westmonasterium vicesimo octavo die octobris , anno regni nostri vicesimo octavo . per ipsam reginam , &c. the letters patents foregoing being read , the said three lords commissioners leaving their own places , went to a seat prepared for them on the right side of the chair of state beneath the steps . then the said lord chancellor going first to the said lords , and conferring a while with them , went to his accustomed place , and there made intimation of the cause of this present summons of parliament ; which , as he said , were no usual causes , not for making of laws , whereof her majesty thought there were more made than were duly executed , nor for fifteenths and subsidies , although there were some cause ; yet her majesty would not charge her loving subjects so far at this time : but that the cause was rare and extraordinary , of great weight , great peril , and dangerous consequence . then he declared , what dangerous practices had been contrived of late , and how miraculously the providence of god had by discovery thereof , beyond all humane policy , preserved her majesty , the destruction of whose sacred person was most traiterously compassed and imagined . here he shewed what misery the loss of so noble a queen would have brought to all estates ; and said , that although some of them had suffered according to their demerits , yet one remained that by due course of law had received her sentence , which was the chief cause of this assembly , and wherein her majesty required their faithful advice ; and therefore , said he , you may orderly proceed therein . and you of the house of commons are to make present choice of some one amongst you to be your speaker . and to present him unto the lords lieutenants as soon as conveniently you may . assoon as the lord chancellor had ended his speech , the clerk of the parliament stood up and read the names of the receivors and tryors of petitions in french , which were as followeth . receivors of petitions for england , ireland , france and scotland , sir christopher wray knight lord chief justice , sir gilbert gerrard knight master of the rolls , sir thomas gawdy knight one of the justices of ..... doctor awberry and doctor ford. receivors of petitions for gascoigne and other lands and countries beyond the seas , and of the isles , sir edmund anderson knight lord chief justice of the common pleas , sir roger manwood knight lord chief baron , francis windham one of the justices of ..... doctor barkeley and doctor cary. tryors of petitions for england , ireland , wales and scotland , the archbishop of canterbury , the earl of darby lord high steward of england , the earl of rutland , the earl of essex , the bishop of london , the bishop of winchester , the bishop of salisbury , the lord howard of essingham lord high admiral of england , the lord cobham , the lord grey of wilton . tryors of petitions for gascoigne and other lands and countries beyond the seas and of the isles , the archbishop of york , the earl of oxford great chamberlain of england , the earl of warwick , the earl of pembroke , the bishop of durham , the bishop of lincoln , the bishop of rochester , the lord hunsdon chamberlain to the queen , the lord lumley , and the lord buckhurst . assoon as the clerk of the parliament had read these names , and had likewise ended other things of course belonging unto them , viz. that the first tryors of england , &c. or any four of them , calling unto them the lord chancellor and the lord treasurer , and also the queens serjeants , should at their leisure meet together in the chamberlains chamber : and that the last tryors of gascoigne , &c. or any four of them , calling unto them the queens serjeants and the queens attorney and sollicitor , should hold their place when their leisure did serve them to meet in the treasurers chamber . then the lords lieutenants adjourned the parliament until monday next following . this day were divers proxies returned , of which the extraordinary ones were these that follow . o die octobris introductae sunt literae procuratoriae marmad . episcopi meneven . in quibus procuratores suos constituit johannem archiepiscopum cantuar. johannem episcopum london , & thomam episcopum wintonien . item introductae sunt literae procuratoriae willielmi episcopi cestren . in quibus procuratorem suum constituit johannem episcopum cantuarien . item introductae sunt literae procuratoriae hugonis episcopi bangor . in quibus procuratores suos constituit johannem episcopum cantuarien . & willielmum dominum burleigh thesaurarium . item introductae sunt literae procuratoriae johannis episcopi carliolen . in quibus procuratorem suum constituit edwinum archiepiscopum ebor. nota , that these were all the extraordinary or unsual proxies that are entred in the original journal-book of the upper house to have been returned this parliament : for whereas the spiritual lords do for the most part constitute two proctors , and the temporal lords but one , and those likewise of their own order , here the bishop of s t davids nominated three , the bishops of chester and carlisle but one apiece , and the bishop of bangor did constitute the lord burleigh lord treasurer of england his joynt proctor with john bishop of canterbury , which i take to be the only precedent with two others in anno eliz. during all the parliaments of queen elizabeth's reign , where a spiritual lord did nominate a temporal for his proctor , or a temporal lord a spiritual , although in the reign of queen mary and other times more ancient it was very usual and ordinary . on monday the th of october her majesties person was represented ( as it had been on the first day of this parliament ) by three commissioners , viz. the archbishop of canterbury , the lord burleigh lord treasurer of england , and the earl of darby great steward of england , who were stiled the lords lieutenants . these with divers other lords , both spiritual and temporal , being fet in their parliamentary robes in the upper house , the knights , citizens and burgesses of the house of commons had notice thereof , and thereupon with john puckering serjeant at law ( who had been speaker also the last parliament ) their now prolocutor repaired thither ; and being ( as many as conveniently could ) let in , the said m r speaker was led up by two of the most eminent personages of the house of commons to the rail or bar at the lower end of the said upper house , who being there placed , and having , according to the usual course , desired himself to be excused , that so the house of commons might make choice of some other more able member amongst themselves , it was not allowed , but his former wise and discreet behaviour the last parliament in the execution of this very place was alledged and much commended . whereupon the said m r speaker having made humble reverence and in very discreet and good manner , submitted himself to the undertaking of the said prolocutorship , did in the end of his speech make divers petitions of course for freedom of speech , freedom of access to her majesty , and freedom from arrests and suits in the name of the house of commons ; and lastly for pardon for himself , if he should unwittingly erre in the report or carriage of any thing . whereunto the lords commissioners by the lord chancellor answered , that the said house of commons and himself should enjoy and use such priviledges as others in the times of the queen her noble progenitors had accustomed to use and enjoy . nota , that it doth not appear by the original journal-book of the upper house , whether the speaker were presented in the forenoon or in the afternoon . dominus cancellarius continuavit praesens parliamentum usque in diem veneris prox . horâ octavâ . on friday the th day of november the lords spiritual and temporal being assembled , the lord chancellor continued the parliament unto the next day at eight of the clock . on saturday the th day of november the lord chancellor declared unto the lords the foul and indirect dealings practised by the queen of scots against her majesty and the whole realm , notwithstanding so many great benefits and favours which the said queen of scots had received of her majesty ; the which matter by william lord burleigh lord treasurer of england , as one unto whom the said queen of scots whole proceedings were better known by reason of his long service done unto our most gracious soveraign lady since the beginning of her reign , were more fully dilated . dominus cancellarius continuavit praesens parliamentum usque in diem lunae horâ octavâ . on monday the th day of november while the lords were debating the matter of the queen of scots , the house of commons came up and desired a conference with some of the lords of this house , what number it should please them to appoint , about the great matter of the queen of scots already opened unto them . whereupon the lords chose out to the number of twenty one , viz. the archbishops of canterbury and york , the lord treasurer , the lord steward , the earl of northumberland , the earl of kent , the earl of rutland and the earl of sussex : the bishop of london , the bishop of durham , the bishop of winchester and the bishop of worcester ; the lord admiral , the lord chamberlain , the lord cobham , the lord grey , the lord lumley , the lord shandois , the lord buckhurst , the lord de la ware and the lord norris . dominus cancellarius continuavit praesens parliamentum usque in diem crastinum horâ nonâ . on tuesday the th day of november nothing was done , but the parliament was by the lord chancellor continued usque in diem crastinum horâ nonâ . on wednesday the th day of november were read divers letters as well of anthony babington to the queen of scots , as of the said queen of scots to the said anthony babington , charles paget and others . the sentence also pronounced by the commissioners against the queen of scots was read . a form of a petition agreed upon by the committees of both houses was read . dominus cancellarius continuavit praesens parliamentum usque in diem crastinum horâ nonâ . on thursday the th day of november the lords committees made report unto the whole house , that they of the house of commons upon hearing the sentence and divers of the special evidences and proofs whereupon the sentence was grounded , openly read unto them , after long deliberation and consultation had betwixt them both publickly and privately , they all with one assent allowed the same sentence to be just , true and honourable , and that they humbly desired their lordships to make choice of such number of lords as their lordships should think meet , to joyn with them in petition to her majesty . whereupon their lordships made choice of the said lords following , viz. the lord chancellor , the lord treasurer , the lord high chamberlain , the lord steward , the earl of northumberland , the earl of kent , the earl of rutland , the earl of sussex , the earl of pembroke and the earl of hartford , the lord chamberlain , the lord abergavenny , the lord zouch , the lord morley , the lord cobham , the lord grey , the lord lumley , the lord de la ware and the lord norris . memorandum , that the commons house made request to have the petition assented unto by both the houses to be introlled in the parliament roll , the which the lords thought better to defer until her majesties liking or misliking were first had of the same . dominus cancellarius adjournavit praesens parliamentum usque in diem martis prox . horâ nonâ . on tuesday the th day of november the lord chancellor declared unto the whole house the order of proceeding of committees in presenting the petition unto her highness , and that her majesties answer was in so eloquent and goodly sort , and with words so well placed , that he would not take upon him to report it as it was uttered by her majesty , but that the effect was , that her highness highly thanked her so dutiful and loving subjects for their great care and tender zeal that they shewed to have of her safety ; and were it not in respect of them and of the state of the realm and maintenance of the true religion , she would not ..... and that her highness did well know the greatness of the peril and the dangerous practice attempted against her person , and that her majesty did acknowledge it to be the maintaining and defending hand of him that hath delivered her so often , and from so great perils . her highness concluded , it was a cause of great moment , and required good deliberation , and that she could not presently give answer unto them , but that her highness would shortly deliver it to some of her privy council , which should declare unto them her highnesses mind . and thus her highness answered . this day further the lord chancellor signified unto the lords , that on monday her majesty commanded him to require the lords to advise amongst them , if some other course might be taken without proceeding to the extremity of execution , which her highness could better like of , if any such might be found , and that her highness looked for answer from their lordships . nota , that the whole entrance of this days business , viz. the lord chancellors report of the queens answer , is crossed in the original journal-book , but remaineth as legible as any other part , except a few interlined words ; but by the whole course following , that ought to stand which is crossed , for without that the business following hath no coherence with the premisses . dominus cancellarius adjournavit praesens parliamentum usque in diem sabbati prox . horâ consuetâ . die sabbati die novembris dominus cancellarius continuavit praesens parliamentum usque in diem martis prox . horâ nonâ . on tuesday the d day of november after many speeches which tended all to one effect , which was , that their lordships in their opinions could not find any other way than was already set down in their petition : then the lords agreed that the matter should be put to the question ; and being particularly asked every one his several voice , answered with one consent , that they could find no other way . the house of commons came up , and desired the lords to be content to appoint some of the lords to confer with them upon the answer that was to be made to her highness , and to deliver the same to her majesty . whereupon the lords made choice of these lords following , viz. the archbishops of canterbury and york , the lord treasurer , &c. and the said lords upon conference had with the committee of the lower house made report , that the like question was propounded to them of the house of commons , and that they answered all with one consent , no man gainsaying , that they could find none other way . whereupon the said committees of both houses agreed upon this answer to be made to her majesty , that having often conferred and debated of that question according to her highness commandment , they could find none other way than was set down in the petition . which answer for the lords was delivered unto her majesty by the lord chancellor , and for the commons by their speaker at richmond on thursday the th day of november . dominus cancellarius continuavit praesens parliamentum usque in diem vcneris prox . horâ nonâ . on friday the th day of november the lord chancellor delivered her maiesties answer to the lords to the last resolution ; the effect whereof was as followeth , viz. if ( said her highness ) i should say unto you that i mean not to grant your petition , by my faith i should say unto you more than perhaps i mean. and if i should say unto you that i mean to grant your petition , i should then tell you more than is fit for you to know . and thus i must deliver you an answer answerless . whereas on the th day of this instant month of november whilst the lords were in consultation about the great matter of the queen of scots , the chief and only cause of the summons of this parliament , they of the house of commons came up and desired conference with some of the lords of this house , what number it should please their lordships to appoint touching the said great cause , which , as they affirmed , had been opened and declared unto them : whereupon the lords made choice of divers lords ( whose names see at large on munday the th day of this instant month of november foregoing ) and to attend the said lords were appointed the lord chief justice of the common-pleas , the lord chief baron and justice gawdie , the time and place of their meeting being in the very parliament chamber at two of the clock in the afternoon ; and after often meeting and long conferences had , they agreed upon a form of petition , which by both the houses should be presented unto her majesty . and that choice should be made of a certain number of either house to prefer the same unto her highness . which being reported to this house , the lords liked very well thereof ; and thereupon made choice of divers lords , whose names see at large on thursday the th day of this instant november foregoing . and they of the house of commons appointed their speaker and all the privy-council of that house , and so many others as in all with the privy-council made up the number of . persons , to join with the said lords . and they altogether understanding first her majesties pleasure for the time of their repair to her highness presence , ( which was signified to be on saturday the th day of november , ) the lord chancellor in the name of the lords , and the speaker in the name of the house of commons declared unto her majesty , that both the lords and commons after often conferences and long consultation had , concluded to be humble suitors unto her majesty by way of petition ; the effect whereof was then at good length opened unto her majesty by the lord chancellor and speaker , and the petition thereupon delivered unto her majesty in writing . and where it was before desired by them of the said house of commons , that presently upon the agreement of the form of the petition it might be entered into the rolls of the parliament , the lords thought it better to stay the enterance thereof until it were presented unto her highness ; which done , the lords ordered that this friday the th day of november the said petition should be entered into the parliament roll in manner and form following , viz. may it please your most excellent majesty , our must gracious soveraign . we your humble , loving and faithful subjects , the lords and commons in this present parliament assembled , having of long time to our intolerable grief seen by how manifold most dangerous and execrable practices mary the daughter and heir of james the fifth late king of scots dowager of france and commonly called queen of scots , hath compassed the destruction of your majesties sacred and most royal person , in whose safety ( next under god ) our chief and only felicity doth consist , and thereby not only to bereave us of the sincere and true religion of almighty god , bringing us and this noble crown back again into the thraldom of the romish tyranny , but also utterly to ruinate and overthrow the happy state and common weal of this most noble realm ; which being from time to time by the great mercy and providence of god , and your highness singular wisdom foreseen and prevented , your majesty of your exceeding great clemency and princely magnanimity hath either most graciously passed over , or with singular favour tolerated , ( although often and instantly moved by your most loving and faithful subjects to the contrary in times of your parliaments , and at many other times ; and hath also protected and desended the said scottish queen from those great dangers which her own people for certain detestable crimes and offences to her imputed , had determined against her . all which notwithstanding , the same queen was nothing moved with these and many other your majesties most gracious favours towards her ; but rather obdurate in malice , and by hope of continual impunity imboldened to prosecute her cruel and mischievous determination by some speedy and violent course , and now lately a very dangerous plot being conceived and set down by anthony babington and others , that six desperate and wicked persons should undertake that wicked and most horrible enterprize to take away your majesties life ( whom god of his infinite mercy long preserve ) she did not only give her advice and direction upon every point , and all circumstances concerning the same make earnest request to have it performed with all diligence , but did also promise assurance of large reward and recompence to the doers thereof ; which being informed to your majesty , it pleased your highness upon the earnest suit of such as tendred the safety of your royal person , and the good and quiet state of this realm , to direct your commission under the great seal of england to the lords and others of your highness privy-council , and certain other lords of parliament of the greatest and most antient degree , with some of your principal judges , to examine , hear and determine the same cause , and thereupon to give sentence or judgment according to a statute in that behalf made in the twenty seventh year of your most gracious reign : by vertue whereof the more part of the same commissioners being in number thirty six , having at sundry times fully heard what was alledged and proved against the said scottish queen in her own presence touching the said crimes and offences , and what she could say for her defence and excuse therein , did after long deliberation give their sentence and judgment with one consent , that the death and destruction of your royal person was imagined and compassed by the said anthony babington with the privity of the same scottish queen ; and that she her self did also compass and imagine the death and destruction of your most royal person . now for as much as we your majesties most humble , loyal and dutiful subjects representing unto your most excellent majesty the universal state of your whole people of all degrees in this your realm , do well perceive and are fully satisfied , that the same sentence and judgment is in all things most honourable , just and lawful ; and having carefully and effectually according to our most bounden duties weighed and considered upon what ground and cause so many traiterous complots and dangerous practices against your most royal person and estate , and for the invading of this realm have for the space of many years past grown and proceeded , do certainly find and are undoubtedly perswaded that all the same have been from time to time attempted and practised by and from the scottish queen , and by her confederates , ministers and favourers , who conceive an assured hope to atchieve speedily by your majesties untimely death that which they have long expected , and whereof during your life ( which god long preserve to our inestimable comfort ) they despair , to wit , to place her the said scottish queen in the imperial and kingly seat of this realm , and by her to banish and destroy the professors and professing of the true religion of jesus christ , and the antient nobility of this land , and to bring this whole state and common-weal to foreign subjection and utter ruin and confusion ; which their malicious and traiterous purpose they will never cease to prosecute by all possible means they can , so long as they may have their eyes and imaginations fixed upon that lady the only ground of their treasonable hope and conceits , and the only seed-plot of all dangerous and traiterous devices and practices against your sacred person . and seeing also what insolent boldness is grown in the heart of the same queen through your majesties former exceeding favours and clemencies towards her , and thereupon weighing with heavy and sorrowful hearts in what continual peril of such like desperate conspiracies and practices your majesties most royal and sacred person and life ( more dear unto us than our own ) is and shall be still , without any possible means to prevent it , so long as the said scottish queen shall be suffered to continue , and shall not receive that due punishment which by justice and the laws of this your realm she hath so often and so many ways for her most wicked and detestable offences deserved ; therefore , and for that we find that if the said lady shall now escape the due and deserved punishment of death for these her most execrable treasons and offences , your highness royal person shall be exposed unto many more and those more secret and dangerous conspiracies than before , and such as shall not or cannot be foreseen or discovered as these her late attempts have been , and shall not hereafter be so well able to remove or take away the ground and occasion of the same as now by justice may and ought to be done ; we do most humbly beseech your most excellent majesty , that as well in respect of the continuance of the true religion now professed amongst us , and of the safety of your most royal person and estate , as in regard of the preservation and defence of us your most loving , dutiful and faithful subjects , and the whole common-weal of this realm , it may please your highness to take speedy order , that declaration of the same sentence and judgment be made and published by proclamation , and that thereupon direction be given for further proceedings against the said scottish queen according to the effect and true meaning of the said statute : because upon advised and great consultation we cannot find that there is any possible means to provide for your majesties safety , but by the just and speedy execution of the said queen , the neglecting whereof may procure the heavy displeasure and punishment of almighty god , as by sundry severe examples of his great justice in that behalf left us in the sacred scriptures doth appear . and if the same be not put in present execution , we your most loving and dutiful subjects shall thereby ( so far as mans reason can reach ) be brought into utter despair of the continuance amongst us of the true religion of almighty god , and of your majesties life , and the safety of all your faithful subjects , and the good estate of this most flourishing common-weal . dominus cancellarius continuavit praesens parliamentum usque in diem martis prox . on tuesday the th day of november , the lords spiritual and temporal being assembled , commissionar ' reginae continuaverunt praesens parliamentum usque in diem veneris hor â nonâ . on friday the second day of december commissionarii reginae adjornaverunt praesens parliamentum usque in decimum quintum diem februarii prox . nota , that the parliament was adjourned without any new commission from her majesty which had been used in the last parliament , in anno regin . eliz. anno dom. . where the adjournment was from the th day of december unto the th day of february , which was near upon the same intervenient time or space for which this present parliament de anno , & regin . eliz. was now adjourned . but the reason and cause is very plain why this parliament was now adjourned without any such commission from her majesty , although she her self was absent , and this was only in respect that her highness person was represented by commissioners , to whom at first she had by commission under the great seal delegated full and absolute power not only to begin but also to continue , adjourn or prorogue this instant parliament ( ut vide on saturday the th day of october foregoing ) which said delegates or lords lieutenants did here being present adjourn the same accordingly . concerning which said adjournment and these two meetings of one and the same parliament there hath been much mistake and difference both in the original journal-book of the upper house , and in that also of the house of commons , in the very rolls of the statute of this parliament transcribed by the clerk of the upper house into the chancery , and remaining in the chappel of the rolls , and lastly in the very printed books of the statutes thereof . for in the first place m r anthony mason at this time clerk of the upper house , entereth these two meetings of this one and the same parliament in two several books , as if they had been two several sessions ; to which mistake he was the rather induced , because divers lords did send their new proxies upon the second meeting of the two houses on wednesday the th day of february , & anno regin . eliz. whereas it doth not appear that in the last parliament de anno regin . eliz. that any new proxies were then returned upon the second meeting of the two houses after a like adjournment . but the reason of this seemeth to be , not only in respect of this adjournment , that it was somewhat longer than that former in the twenty seventh year of her majesty ( which lasted not full two months , whereas this present adjournment continued for the space of seventy five days or two months and a fortnight at the least . ) but also because divers of the lords both spiritual and temporal , who were present at this first meeting , being desirous ( as it should seem ) to hear that great business of the scottish queen debated and resolved on , did after this adjournment and their recesses into their several countries get licence of her majesty to be absent from the second meeting of this parliament , which ensued on wednesday the th day of february following in anno regin . eliz. and in which there were none but ordinary matters likely to be handled ( execution and justice being done upon the scottish queen the th day of february immediately preceding the said second meeting ) and did thereupon send their several proxies of which such as were unusual and extraordinary are set down in the journal ensuing according to the several days on which they were returned . in the second place touching the original journal-book of the house of commons these two meetings of one and the same parliament are set down as two several sessions , the one by m r fulk onslow at this time clerk of the house of commons , and the other by m r william onslow his kinsman , who being a member of the house was licenced by it to supply the place of the said m r fulk onslow , who by reason of his sickness was not able to attend , who enters this second meeting of the house of commons upon wednesday the th day of february in these words , viz. this present session of parliament holden by prorogation , &c. whereas it had not been prorogued but adjourned , and was no new session but meerly a new meeting . in the third place the roll of statutes transcribed by m r anthony mason into the chancery and remaining in the chappel of the rolls , is intituled as followeth , rotulus parliament de anno regni regin elizabeth . vicesimo octavo . whereas the words should likewise have been added , viz. & vicesimo nono . in the fourth and last place the printed books of statutes are likewise mistaken ; for christopher barker at this time printer to the queens majesty , who printed the statutes of this parliament at large in anno . maketh no mention of any parliament or meeting of parliament in anno regin . eliz. but mentioneth that book of statutes in this manner , anno o regin eliz. at this present session of parliament holden by prorogation at westminster the th day of february in the th year of the raign of our most gracious soveraign lady elizabeth , &c. whereas if he had intituled it truly , it should have been thus : at this present parliament holden at westminster the th day of october in the th and th years of the raign of our most gracious soveraign lady elizabeth , &c. m r poulton also in his abridgement of statutes printed by the company of stationers , anno dom. . setteth down a false title before the statutes of this parliament , viz. statutes made at the session of parliament holden by prorogation at westminster the th day of october , anno eliz. and anno dom. . &c. in which said title there are these two notorious and gross mistakes : the first in that he saith this parliament was holden by prorogation , whereas the former parliament , held in anno o regin . eliz. being dissolved upon the th day of september in anno regin . ejusdem , this parliament begun and held in the said th and th years of her majesty was newly summoned , and not held by prorogation . his second mistake is more gross than this , in that he allots all these proceedings to the year of our lord . whereas both meetings did begin and end during the year . reckoning the year to begin upon the th day of march , as in all the journal-books of parliaments and the printed books of statutes and all records and private instruments it is always observed . all which may show how great inconvenience it may bring to take up things upon trust from others without searching out the truth , seeing so many men in that which they were best skilled in , and had doubtless so industriously travelled in , yet should be so grosly mistaken ; for it is not worth the proof that this was an adjournment and not a prorogation , seeing it is positively entred in the original journal-book of the upper house on friday the second day of december foregoing . and likewise when the two houses did meet again on wednesday the th day of february following , the foresaid journal-book beginneth thus : die mercurii o die februarii domini tam spirituales quàm temporales , quorum nomina subsequntur , praesentes fuerunt . whereas if that meeting had been a new session , the entrance ought to have been thus : viz. die mercurii o die februarii , in quem diem hoc praesens parliamentum prorogatum fuerat , proceres tam spirituales auàm temporales , &c. or thus : viz. in quem diem , &c. sessio parliament ? prorogata fuit teneri & inchoari apud westminster die & loco praedict . domini tam spiritual . quàm temporal . quorum nomina subscribuntur , praesentes fuerunt , &c. to which also may lastly be added , that no bill passing the two houses in the first meeting of this parliament , nay for ought that can be gathered out of the original journal-book of the upper house , no one bill having so much as any reading there , as hath been before observed , and so no royal assent putting life into any one law , it could not be a session but a meer meeting , which continued from saturday the th of october unto friday the second day of december in annis , & . regin eliz. anno dom. . this doubt being thus fully cleared and the mistakings upon which it grew being likewise discovered , the residue of the journal of this present parliament upon the second meeting of the two houses next ensueth . on wednesday the th day of february anno o regin eliz. anno dom. . ( to which day the parliament had been on friday the second day of december foregoing last adjourned ) the two houses met in their several places without any presence of the queen or solemnity amongst the lords by coming in their robes or any other pomp whatsoever , because this was neither new parliament nor new session , but a meer new meeting of either house upon an adjournment of the former meeting thereof , which began on the th day of october being saturday in anno regin . eliz. as is aforesaid . memorandum that this day sir edmund anderson knight lord chief justice of the common-pleas shewed forth to be publickly read a commission directed unto him from her majesty , in which appeared that the lord chancellor was so visited at this time with sickness , that he was not able to travel to the upper house to supply his room and place there ; her majesty minding the said room and place to be supplied in all things during the absence of the said lord chancellor , hath appointed and authorized the said sir edmund anderson during the absence of the said lord chancellor to supply his room , as by the tenour of the said commission here ensuing more fully appeareth . elizabeth by the grace of god queen of england , france and ireland , defender of the faith , &c. to our trusty and right well-beloved sir edmund anderson knight chief justice of our court of common-pleas , greeting . whereas our right trusty and right well-beloved chancellor sir thomas bromley knight lord chancellor of england , is at this time so visited with sickness that he is not able to travel to the upper-house of this our present parliament holden at westminster , nor there to supply the room and place in the said upper-house among the lords spiritual and temporal there assembled as to the office of the said lord chancellor or lord keeper of the great seal of england hath been accustomed : we minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence , have named and appointed you , and by these presents do constitute , name , appoint and authorize you from day to day and time to time , when and as often as the said lord chancellor shall happen at any time or times during this present parliament to be absent from his accustomed place in the said upper house , to occupy , use and supply the room and place of the said lord chancellor in the upper house amongst the lords spiritual and temporal there assembled , at every such day and time of his absence ; and then and there at every such time to do and execute all such things as the said lord chancellor of england should or might do if he were there personally present , using and supplying the same room . wherefore we will and command you the said sir edmund anderson to supply the doing and execution of the premisses with effect , and these our letters patents shall be your sufficient warrant and discharge for the same in every behalf : in witness whereof we have caused these our letters to be made patents . witness our self at westminster the th day of february in the twenty ninth year of our reign , &c. as soon as the said sir edmund anderson had caused the foresaid commission to be read , he took his place on the uppermost woolsack where the lord chancellor useth to sit , and in the original journal-book of this parliament , where the presence of the lords is noted , he is always ranked in the first place as the lord chancellor should have been if he had been present ; with this addition after the setting down of his name and place , locum tenens cancellarii , in such order as followeth , viz. archiepiscopus cantuarien . edmundus anderson miles , justiciar , de communibus placitis , locum tenens cancellarii . comes sussex . comes hartford . comes lincoln . vice-comes bindon . episcopi . episcopus winton . episcopus sarisburien . episcopus rofsen . episcopus hereforden . barones . dominus howard admirallus . dominus hunsdon camerarius . dominus morley . dominus cobham . dominus stafford . dominus grey de wilton . dominus stourton . dominus sandes . dominus cromwell . dominus windsor . dominus sheffield . dominus north. dominus s t john de bletsoe . dominus compton . dominus norris . which are all the peers the journal-book noteth to have been present . nota , that though i do usually observe in all these jourtials never to have the presence of the lords transcribed but at the beginning only of a new parliament , or at least a new session ; yet i have observed it here though but at the beginning of a new meeting : partly because it was after a long adjournment , and partly because many lords did send new proxies : so that the presence of the lords before set down at the beginning of this parliament on the th day of october being saturday , could not serve to be any rule for the presence of those that attended at this new meeting . which is for the most part the chiefest reason why the presence of the said lords is marked on the first day of the parliament , or on the next day from the first , on which they be noted , if through the clerk of the upper house his negligence ( as it often happeneth ) it be omitted on the said first day . a second but less material cause why i have their names transcribed , is to see the due places and precedencies of the lords temporal . on this th day of february lastly ( although this were neither new parliament nor new session , but meerly a second meeting of one and the same parliament , as hath been already observed ) was one unusual or extraordinary proxy returned , which is entred in the original journal-book of the upper house in manner and form following , viz. die februarii introductae sunt literae procuratoriae thomae episcopi bathonien ' & welien ' , in quibus procuratores suos constituit thomam episcopum wintonien ' , thomam episcopum cicestren ' , & willielmum episcopum coventrien ' & litchfield ' . the difference between an usual and an unusual proxy see before on saturday the th day of october in the latter end thereof ( on which said day this parliament began ) where also it is set down why those ordinary ones are for the most part omitted . other unusual proxies returned also at this new meeting of parliament , vide on friday the th day , on sunday the th day , and on saturday the th day of this instant february . all which i have ever caused to be set down upon the several days on which they were returned , if the said day be particularly expressed , and not altogether before the beginning of the parliament , as is usually observed in the original journal-books of the upper house . nota lastly , that john archbishop of canterbury was constituted joint proctor with others by five several bishops this parliament , of which the first proxy was returned on sunday the th day of this instant february from john bishop of exeter ; the second on the same day from richard bishop of durham ; the third on saturday the th day of this instant february from edmund bishop of worcester ; the fourth on thursday the th day of march next ensuing from hugh bishop of bangor , and the fifth and last on the same day from william bishop of s t asaph . which with many other precedents of a like nature frequent almost in every parliament , doth plainly prove , that any lord spiritual or temporal being a member of the upper house is capable of as many proxies as shall be sent unto him , by the ancient customs and usages of that house ; although the contrary hath been of late ordered upon the ..... day of ..... in the parliaments in anno secundo regis caroli . sir edmund anderson lord chief justice of the common pleas sitting in and supplying of the place of sir thomas bromley lord chancellor absent ( as is before observed ) by reason of sickness , did by the assent of the lords commissioners adjourn the parliament unto wednesday next at nine of the clock in the morning being a full se'night after . nota , that during this intervenient time of adjournment , three unusual proxies were delivered in unto the clerk of the parliament ; the first of which is entred in the original journal-book of the upper house to have been returned upon friday the th day of this instant february in manner and form following , viz. o die februarii introductae sunt literae procuratoriae anthonii vicecomitis mountague , in quibus procuratores suos constituit ambrosium comitem warwici , & robertum comitem leicestren . o die februarii introductae sunt literae procuratoriae johannis episcopi exon , in quibus procuratores suos constituit johannem archiepiscopum cantuarien ' , thomam episcopum winton ' & johannem episcopum roffen ' . item introductae sunt literae procuratoriae richardi episcopi dunelmen in quibus procuratores suos constituit johannem archiepiscopum cautuarien ' , johannem episcopum london , & thomam episcopum wintonien . nota , that here a temporal lord constituted two proctors , and two spiritual lords nominated each of them three , which being extraordinary and unusual proxies are well worthy the observation . vide intrationes literarum consimilium procurator ' die saturni die o octobris praecedentis in fine dici , & die mercurii die o februar . jam instantis antea , & die saturni die vicesimo quinto ejusdem febr ' postea . on wednesday the d day of february the bill toavoid fraudulent assurances made or to be made in certain cases by traitors was read primâ vice . edmundus anderson capitalis justiciarius de placito communi continuavit praesens parliamentum usque in diem crastinum horâ nonâ . on thursday the d day of february the lords met , but it seems nothing was done , but only the parliament continued unto a further day , the entrance whereof in the original journal-book is in manner and form following , viz. edmundus anderson miles capitalis justiciarius de placito communi continuavit praesens parliamentum usque in diem sabbati prox . horâ nonâ . on saturday the th day of february two bill of no great moment had each of them one reading ; of which the second being a bill to avoid fraudulent assurances made or to be made in certain cases by traitors was upon the second reading committed unto the archbishop of canterbury , the lord steward and others . this day was one unusual proxy returned , which is entred in the original journal-book of the upper house in manner and form following , viz. o die februarii introductae sunt literae procuratoriae edmundi episcopi wigorn , in quibus procuratores suos constituit johannem archiepiscopum cantuariensem , johannem episcopum london , & johannem episcopum roffen . nota , that it doth not appear whether this proxy was delivered unto the clerk of the upper house in the said house sitting the court , or elsewhere ; but it is probable that it might be this forenoon before the rising of the lords . dominus capitalis justiciarius de placito communi continuavit praesens parliamentum usque in diem lunae prox ' horâ octavâ . on monday the th day of february the bill for restraint of horse-stealing and other felonies was upon the second reading committed . dominus capitalis justiciarius de placito communi continuavit praesens parliamentum usque in diem jovis prox'horâ nonâ . on thursday the d day of march there was brought from the house of commons one bill , which being for explanation of the law touching certain ambiguous questions and strifes of late risen about fines and recoveries levied before the justices of the common pleas , where unto they are parties , was read the first time . lect. sunt the amendments for the bill to avoid fraudulent assurances made or to be made in certain cases by traitors ; & lect . sunt the amendments for the bill of horse-stealing and other felonies . in the journal-book is no entrance or mention of any amendments by the committees thought fit to be added to both or either of the said bills , nor of the delivery back of the said bills or either of them by the committees into the house , which seemeth to have been the error of the clerk by that which followeth on thursday the ninth day of march. where it is plain that this was the first reading of these amendments . dominus capitalis justiciarius de placito communi continuavit praesens parliamentum usque in diem sabbati prox . horâ consuetâ . on saturday the th day of march the bill for the explanation of the law touching certain ambiguous questions and strifes of late risen about fines and recoveries levied before the justices of the common pleas , whereunto they are parties , was read secundâ vice . dominus capitalis justiciarius de placito communi continuavit praesens parliamentum usque in diem lunae prox . horâ nonâ . on monday the th day of march the bill for the explanation of the law touching certain ambiguous questions and strifes of late risen about fines and recoveries levied before the justices of the common pleas , whereunto they are parties , was read the third time , & communi omnium procerum assensu conclusa . dominus capitalis justiciarius de placito communi continuavit praesens parliamentum usque in diem crastinum horâ oct avâ. on tuesday the th day of march the bill for the restraint of horse-stealing and other felonies was read tertiâ vice , & communi omnium procerum assensu conclusa . there was brought to the lords from the house of commons the bill for one entire subsidy and two fifteenths and tenths granted by the temporalty . on wednesday the th day of march the bill for one entire subsidy and two fifteenths and tenths granted by the temporalty , was read primâ vice . on thursday the th day of march the bill for the grant of one entire subsidy and two fifteenths and tenths granted by the temporalty was read tertiâ vice , & communi omnium procerum assensu conclusa . nota , that in the journal-book there is no entrance or mention of the second reading of this bill , which doubtless happened through the negligence of m r anthony mason at this time clerk of the upper house . the amendments in the bill to avoid fraudulent assurances made or to be made in certain cases by traitors , were read . on saturday the th day of march three bills of no great moment were brought up to the lords from the house of commons ; of which the first appointing the wideness of the mask of nets for taking herrings and smelts in oxford haven , and the gull was read primâ vice . introducta est billa pro subsidio cleri , quae primâ & secundâ vice lect ' est & commiss ' ad ingrossandum . the bill to avoid fraudulent assurances made in certain cases by traitors was read tertiâ vice , quae communi omnium procerum assensu conclusa est , & tradit ' doctori ford & servienti gawdy in domum communem deferend ' . a bill for the better and more speedy execution of certain branches of the statute made in the d year of the queens majesties reign , intituled , an act to restrain the queens majesties subjects in their due obedience , was read primâ vice . the house of commons made request to the lords to have conference with some of their lordships what number it should please their lordships to appoint . whereupon the lords made choice of these following , viz. the archbishop of canterbury , the archbishop of york , the lord steward , the earl of kent , the earl of worcester , the earl of rutland , the earl of hartford , the earl of leicester , the bishop of london , the bishop of winchester , the bishop of salisbury , the lord hunsdon lord chamberlain , the lord morley , the lord cobham , the lord grey , the lord stafford , the lord stourton , the lord cromwell , the lord north , the lord delaware and the lord norris . after conference had with the committee of the lower house , this present day the said committee made report unto the whole house , that the house of commons made humble suit unto their lordships to have their lordships to joyn with them in a contribution or benevolence for the charges of the low countries wars , which they of the house of commons meant to offer unto her majesty . how they meant to proceed therein was opened by the archbishop of canterbury . upon which report of the committee the lords thought good to defer their answer until monday next . but it appeareth not by the original journal-book of the upper house or of the house of commons , that any such answer was given by their lordships upon the said monday being the th day of this instant march ensuing . vide die mercurii die o martii sequentis in sine diei . on monday the th day of march six bills of no great moment had each of them one reading ; of which the first being the bill for one subsidy granted by the clergy was read tertiâ vice , and the bill touching oxford haven was read secundâ & tertiâ vice . on tuesday the th day of march the bill for confirmation of the sale of edward fishers lands made towards satisfaction of his debts , charges and incumbrances , was brought from the house of commons , and read primâ vice . vide plus concerning this matter on the day following . the bill for confirmation of the attainder of thomas late lord paget and others was read tertiâ vice , & communi omnium procerum assensu conclusa & expedita , dissentiente domino darcy , who is sometimes called the lord darcy of meinel . two bills of no great moment had each of them one reading , being the last reading , and thereupon passed ; of which the second being the bill for the more speedy and due execution of certain branches of the statute made in the d year of the queens majesties reign , intituled , an act to retain the queens majesties subjects in their due obedience , was expedited communi omnium procerum assensu , dissentiente solummodò comite rutland . which two bills aforesaid were sent down to the house of commons by the queens attorney and doctor carew . two bills were brought up to the lords from the house of commons , whereof the first being an act of one subsidy granted by the clergy was returned expedited ; and the other was the bill for the payment of the debts and legacies of sir gerrard croker knight deceased and of john croker esq his son. on wednesday the th day of march the bill for the payment of the debts and legacies of sir gerrard croker knight , and of the debts of john croker esq his son , was read primâ vice . two bills were brought up to the lords from the house of commons , whereof the first being a bill touching errours in records of attainders of high treason was read primâ vice & commissa ; and the second being a bill for repealing of a statute made in the d year of the queens majesties reign touching the bringing in fish into this realm , was read primâ vice & commissa . the bill for the confirmation of the seal of edward fishers lands made towards the satisfaction of his debts , charges and incumbrances was read secundâ vice . whereupon the lords ordered that edward fisher now in the fleet should be brought before them to morrow at nine of the clock , and that he should bring his learned counsel with him : and that the parties who follow the said bill , should have like warning to be there with their learned counsel . nota , that this very bill or some other to the same purpose had divers readings , and was often debated in the parliament , both in the upper house and in the house of commons , but passed not . and there it seemeth , that the same or a new bill to the like purpose was now again offered unto the house . vide the first reading of it upon tuesday immediately foregoing . the lords committees made report unto the whole house , that upon divers conferences had with the committees of the lower house touching their request made to the lords to joyn with them in petition to her majesty about a benevolence or contribution , which they of the house of commons thought good to offer unto her majesty ; the said lords committees thought it not fit , for divers reasons , to joyn with the house of commons herein . which reasons when the whole house had heard and considered , their lordships did resolve that the house of commons should be left to themselves , and their lordships would take such order therein for themselves as to them should seem convenient . vide plus concerning this matter on saturday the th day of this instant march foregoing . on thursday the th day of march the committees in the bill for the repealing of a statute made in the three and twentieth year of the queens majesties reign touching the bringing in of fish into this realm , according to the lords appointment delivered their opinions and reasons by the lord chief baron touching the said bill ; which when the lords had heard and considered , they ordered that the said bill for the repeal of the said statute should be rejected . this day was chosen a new committee to resolve upon somewhat touching the contribution , viz. the archbishop of canterbury , the archbishop of york the lord steward , the earl of kent , the earl of worcester , the earl of rutland , the earl of hartford , and the earl of leicester ; the bishop of london , the bishop of winton , and the bishop of salop ; the lord chamberlain , the lord morley , the lord cobham , the lord gray , the lord stafford , the lord stourton , the lord cromwell , the lord north , the lord delaware and the lord norris . the lords committees last named upon conference had betwixt them in respect of the great charges that her majesty hath sustained heretofore , and that her highness shall be enforced hereafter to be at for the defence of this realm and other her majesties dominions , did resolve amongst themselves freely to give to her majesty two shillings in the pound , after the rate of the valuation of the subsidy of the temporality granted in this present session of parliament , to be paid unto such persons and at such time as it shall please her majesty to appoint . which being after openly declared to the whole house , the temporal lords ( in as much as the lords spiritual had made former offer of contribution unto her majesty ) did all together with one consent most willingly ratifie the said resolution , both touching the sum and the payment thereof ; and ordered that this their free gift should be entred upon record : and that such of the lords of her majesties privy council as were there present , should signifie the same to her highness in all their names . on friday the th day of march a bill touching errours in records of high treason was read secundâ & tertiâ vice & conclusa . on saturday the th day of march the bill for the confirmation of the sale of edward fishers lands made towards the satisfaction of his debts , charges and incumbrances , with certain amendments in a schedule added unto the said bill , was read tertiâ vice & communi omnium procerum assensu conclusa , & tradita doctori barkley & doctori carew in domum communem deserend ' . vide concerning this matter on tuesday the th day , and on wednesday the th day of this instant march foregoing . two bills were brought up to the lords from the house of commons ; of which the first being a bill touching exemplifications and constats of original conveyances made to the queens majesty , was read primâ vice . on monday the th day of march two bills of no great moment had each of them one reading ; whereof the second being a bill for the limitation of time touching writs of errour upon fines and recoveries , was read secundâ vice . six bills of no great moment were this day , lastly , brought up to the lords from the house of commons ; of which the first being for the sale of edward fishers lands was returned expedited ; and the second was a bill for the more speedy and due execution of certain branches of the statute made in the twenty third year of the queens majesties reign , intituled , an act to retain the queens majesties subjects in their due obedience , with an amendment , and a provision annexed , quae communi omnium procerum assensu conclusa & expedit ' ; and the third being the bill for continuance of statutes was read primâ vice . on tuesday the th day of march primâ , secundà & tertiâ vice lect ' sunt the amendments of the bill to avoid fraudulent assurances made in certain cases by traitors , quae commumi omnium procerum assensu conclusa , & tradit ' servienti gawdy & doctori carew in domum communem deserend ' . two bills also of no great moment had each of them one reading ; of which the first being a bill for limitation of time touching writs of errours upon fines and recoveries , was read tertiâ vice , & communi omnium procerum assensu rejecta est . two bills were sent up to the lords from the house of commons , which ( as it seemeth ) were of so little moment , as that they are omitted in the very original journal-book of the upper house . on wednesday the th day of march the bill for the continuance and perfecting of divers statutes was read secundâ & tetriâ vice , and sent to the house of commons by serjeant gawdy and doctor carew , being first passed by the lords with an amendment . the first reading of this bill appeareth not in the original journal-book of the upper house ; and by that which followeth on thursday the d day of this instant march following , it is plain that the entrance of the several readings of this bill with the amendments thereof , is much mistaken and confounded through the great negligence of m r anthony mason , at this time clerk of the upper house . a bill for the sale of thomas hanford's lands , was brought up to the lords from the house of commons . the lords having before passed a bill to the same effect , and sent it down to the house of commons , and they having rejected it without any conference first desired and had with their lordships ; therefore the lords thought it a precedent so strange and so far different from the orders of this house , that they of the house of commons should reject a bill sent from this house without conference , and frame a new bill to the same effect and send it up , that they did resolve to put it to the question , whether this new bill should by the orders of this house be read here or not . the whole house being particularly asked their opinions herein with one assent , concluded ( not one gainsaying ) that it should not be read . on thursday the d day of march the bill for the continuance and perfecting of divers statutes was read secundâ & tertiâ vice , & communi omnium procerum assensu conclusa , with the amendments . vide concerning this matter in the beginning of the day immediately foregoing being wednesday ; for it should seem that the bill it self was then read primâ & secundâ vice , and the amendments only at this time , although they be both set down very confusedly through the negligence of the clerk of the upper house . the bill for the queens majesties most gracious , general and free pardon communi omnium procerum assensu conclusa , & tradit ' servienti gawdy & doctori carew in domum communem deferend ' . which said bill was brought back again this morning from the said house of commons unto the lords , with another bill which was for the continuance and perfecting of divers statutes . there is no other or further business of this day set down in the original journal-book of the upper house , save only her majesties royal assent given to divers bills which had passed both houses , although she her self was absent , which was done by her majesties letters patents under the great seal . which because of the rarity of the precedent , are here verbatim transcribed , together with the manner and solemnity of this days meeting , out of the said original journal-book in manner and form following , viz. hodie quum omnes proceres robis parliament aribus induti in suo quisque loco sederent , & prolocutor de domo communi unà cum omnibus qui ad hoc praesens parliamentum summoniti suerant , & militibus , civibus & burgensibus accersitis praestò esset edmundus anderson miles , capitalis justiciarius de placito communi , quia cancellarius nondum convaluit , exponit omnibus regiam majestatem magnis & urgentissimis quibusdam negotiis adeò esse impeditam , ut non queat impraesentiar ' commodè interesse : tamen , inquit , sua majestas imperavit mibi , ut suo nomine vobis hîc praesentibus declarem , quibus legibus seu statutis à vobis in hoc praesenti parliamento pro vestra parte stabilitis velit regium assensum suum adhibere , sine quo legum vigorem obtinere non debent , sicuti vos probè nôstis . et hiis dictis protendit clerico parliamentor ' quasdam literas sub magno sigillo angliae patentes , quos ipse publicè legit . literae autem scriptae fuerunt in haec verba . elizabeth by the grace of god queen of england , france and ireland , defender of the faith , &c. to our right trusty and right well-beloved the lords spiritual and temporal , and to our trusty and well-beloved the knights , citizens and burgesses , the commons in this present parliament assembled , greeting . we have seen and perfectly understand divers and sundry acts and ordinances annexed and affiled to these presents , agreed and accorded by our loving subjects the lords spiritual and temporal and the commons in this our present parliament assembled , and severally indorsed by you as hath been accustomed ; the titles and names of which acts hereafter do particularly ensue ( that is to say ) an act for the confirmation of the attainders of thomas late lord pagett and others ; an act concerning errors in records of attainders of high-treason ; an act to avoid frandulent assurances made in certain cases by traitors ; an act to prevent extortion in sheriffs , under-sheriffs and bailiffs of franchises or liberties in cases of execution ; an act for the continuance and perfecting of divers statutes ; an act for the more speedy and due execution of certain branches of the statute made in the d year of the queens majesties raign intituled an act to retain the queens majesties subjects in their due obedience ; an act for the confirmation of the sale of edward fishers lands made towards satisfaction of his debts , charges and incumbrances ; an act of one subsidy granted by the clergy ; an act for the grant of one entire subsidy and two fifteenths and tenths granted by the temporalty ; an act for the queens majesties most gratious , general and free pardon : and albeit the said several acts and ordinances by you our said subjects the lords and commons in this our present parliament assembled be fully agreed and consented unto , and seem very necessary and profitable for the commonwealth , which nevertheless be not of any force or effect in the law without our royal assent given and put to the same acts and ordinances and every of them ; and forasmuch as for divers great and urgent causes and considerations , we cannot conveniently at this present be personally in our royal person in our higher house of parliament , being the place accustomed to give our royal assent unto such acts and ordinances as have been agreed upon by our said subjects the lords and commons ; we have therefore caused these our letters patents to have been made , and have signed and caused the same to be sealed accordingly , and by the same do declare and notify as well to you the lords spiritual and temporal and the commons aforesaid , as to all and singular other our loving subjects , that we by these presents do give & put our royal assent to all and singular the said acts and ordinances , and to all articles , clauses and provisions in them contained , and be fully agreed and consented to all and every the said acts , willing that the said acts and every article , clause , sentence and provision in them contained , from henceforth shall be of the same strength , force and effect as if we had been personally present in the said higher house , and had openly and publickly in the presence of you all assented to the same ; commanding also by these presents as well our chancellor of england to seal these our letters patents with our great seal , as our trusty and well-beloved sir edmund anderson knight our chief justice of our common pleas , to declare and notify this our royal assent in our absence in the said higher house in the presence of you the said lords spiritual and temporal and the commons of our parliament 〈◊〉 to be assembled for that purpose , and the clerk of our parliament to indorse the said acts with such terms and words in our name as is requisite and hath been accustomed for the same ; and also to inrol these our letters in the said parliament roll ; and these our letters patents shall be to every of them sufficient warrant in that behalf : and finally declare and will that after this our royal assent given and passed by these presents , and declared and notified as is aforesaid , that then immediately the said acts and every of them shall be taken , accepted and admitted good , sufficient and perfect laws , to all intents , constructions and purposes , and to be put in due execution accordingly , the continuance or dissolution of this our parliament , or any other use , custom , thing or things to the contrary thereof notwithstanding . in witness whereof we have caused those our letters to be made patents . witness our self at westminster the th day of march in the th year of our reign . per ipsam reginam . nota , that the clerk of the parliament having read the said letters patents before set down , sir edmund anderson knight lord chief justice of the common pleas ( still supplying the place of sir thomas bromley knight lord chancellor ) delivered other letters patents unto the said clerk openly to be read , whereby eight several commissioners were nominated and authorized to dissolve the parliament , viz. the archbishop of canterbury , the archbishop of york , the earl of shrewsbury earl marshal of england , the earl of darby lord steward , the earl of kent , the earl of leicester master of her majesties horse , the lord howard lord admiral of england , lord hunsdon lord chamberlain , and the lord cobham lord warden of the cinque-ports . for doubtless unless a new commission had come forth by which these before-named honourable personages had been de novo nominated to this purpose , the three commissioners at first appointed in the beginning of this parliament ( which see at large upon saturday the th day of october foregoing ) might without any other new authority though not have dissolved the parliament , yet have prorogued it to a further day , as they had formerly adjourned it upon friday the second day of december foregoing unto wednesday the th day of february next ensuing , which was for ten weeks space at the least : but that former authority being now at an end by these new letters patents , the manner of their delivery , the removal of the new commissioners in them nominated , and the commission lastly it self are thus verbatim set down in the original journal-book of the upper house . postquam verò clericus parliament . has literas palàm perlegisset , edmundus anderson miles alias etiam literas patentes eidem clerico parliamenti publicè legendas tradidit : atque hîc notandum est omnes dominos commissionarios in literis patentibus nominatos locis suis relictis in medio banco consedisse dum diclae literae legerentur : earum autem tenor hic sequitur . elizabetha dei gratiâ angliae , franciae & hiberniae regina , fidei defensor , &c. reverendissimo in christo patri ac consiliario suo johanni cantuarien archiepiscopo , totius angliae primati & metropolitano , ac reverendissimo in christo patri edwino archiepiscopo eboracen . angliae primati & metropolitano ; ac etiam chavissimis consanguineis & consiliariis suis georgio comiti salop comiti marescallo angliae , henrico comiti darbiae magno seneschallo ; necnon charissimo consanguineo & consiliario suo henrico comiti kantiae , ac charissimo consanguineo & consiliario suo roberto comiti leicestr . magistro equorum suorum ; ac etiam praedilectis & fidelibus consiliariis suis carolo domino howard magno admirallo suo angliae , henrico domino de hunsdon domino carmerario suo , & willielmo domino cohham domino gardiano quinque portuum suorum , salutem . cùm nuper pro quibusdam arduis & urgentibus negotiis , nos , statum & desensionem regni nostri angliae ac ecclesiae anglicanae concern praesens hoc parliamentum nostrum apud civitatem nostram westmonasterii decimo quinto die octobris ultimo praeterito inchoari & teneri ordinaverimus , in & à quo dic idem parliamentum nostrum usque ad & in vicesimum septimum ejusdem mensis octobris prorogat fuerat , eodémque die idem parliamentum nostrum usque ad & in vicesimum nonum diem dicti mensis octobris prorogat ' fuerat , ac ibid ' tunc tent ' & continuat ' fuerat usque ad & in secundum diem decembris tunc proximum sequentem ; eódémque die idem parliamentum nostrum usque ad & in decimum quintum diem februarii tunc prox ' sequent ' adjournat ' fuit ; eodémque die idem parliamentum nostrum tunc & ibidem tent ' & continuat ' fuerat usque ad & in vicesimum tertium diem instantis mensis martii : sciatis tamen certis urgentibus causis & considerationibus nos specialiter moven ' idem parliamentum nostrum hoc instante vicesimo tertio die martii duximus dissolvend ' . de fidelitate igitur , prudentiâ & circumspectione vestris plurimùm confident ' de avisamento & assensu concilii nostri assignavimus vos & aliquos tres vel plures vestrum commissionarios nostros , dantes vobis & aliquibus tribus vel pluribus vestrum , tenore praesentium , plenam potestatem , facultatem & authoritatem hoc instante vicesimo tertio die martii ad dictum parliamentum nostrum nomine nostro plenar ' dissolvend ' . et ideo vobis mandamus quòd vos , aliqui tres vel plures vestrum idem parliamentum nostrum eodem instante vicesimo tertio die martii virtute harum literarum patentium nomine nostro plenè dissolvatis & determinetis . et ideo vobis mandamus quòd circa praemissa diligenter intendatis , ac ea in forma praedicta effectualiter expleatis & exequamini . damus autem universis & singulis archiepiscopis , marchionibus , comitibus , vicecomitibus , episcopis , baronibus , militibus , civibus & burgensibus , ac omnibus aliis quorum interest ad dictum parliamentum nostrum conventur ' tenore praesentium firmiter in mandatis , quòd vobis in praemissis pareant , obediant & intendant in omnibus prout decet . in cujus rei testimonium has literas nostras sieri secimus patentes . teste meipsa apud westmonasterium vicesimo tertio die martii anno regni nostri vicesimo nono . per ipsam reginam . powle . it should seem that the reading of these commissions and the dissolution of this parliament were all of them finished this thursday the th day of this instant march in the forenoon , for else there must have been some other continuance of it by the lord chief justice of the common pleas supplying the place of the lord chancellor upon the rising of the lords to dinner unto some hour in the afternoon ; which may very well be , in respect that although the queens majesty came usually in person to give her royal assent in the afternoon , yet that being now performed after an unusual and extraordinary manner by her majesties letters patents , or a commission under the great seal , the time was also altered : so that though this parliament were not long in continuance ( for both the meetings thereof put together make but ten weeks at the most ) yet it had many weighty matters debated in it , and this journal of the upper house is richly stored with rarer precedents than any other of all the queens time . finally , her majesties loving subjects considering the great charges she sustained by the maintenance of the low countries wars , and withal in a manner foreseeing the stupendious preparations of spain ( at this time most intentive in providing and furnishing of that mighty armado stiled afterwards invincible ) did not only grant unto her majesty one entire subsidy and two fifteenths and tenths ( as the clergy had also granted unto her one other subsidy ) but did likewise consult in either house severally ( for the lords refused to joyn with the house of commons therein ) concerning a contribution to be bestowed upon her majesty in like sort also towards the further and better support of those foresaid continual and chargeable wars of the netherlands . the journal of the house of commons . an exact , large and very perfect journal of the passages of the house of commons in the parliament holden at westminster , anno reginae eliz. anno domini . which began there on saturday the th day of october ( after two several prorogations thereof ) and there continued until it was at length dissolved on thursday the th day of march , anno reginae ejusdem . the passages of this journal of the house of commons are fully replenished with excellent and rare matter both in respect of the business of mary queen of scots handled in the first meeting , and of the publick dangers threatned against her majesties person and realms discussed in the second meeting of this parliament ; in which also there wanted not the passing of divers good and wholesome laws , and the discussing of many emergent disputes touching the private affairs of the said house : all which are in themselves very useful and worthy of observation . although the parliament had been summoned to have begun upon saturday the th day of october in anno reginae eliz. yet it held not , but was on the said day further prorogued unto thursday the th day of the same month , upon which said day it was lastly prorogued unto saturday the th day of the same next ensuing . on which said th day of october the parliament held accordingly , although her majesty came not in person , but appointed by her letters patents under the great seal , the archbishop of canterbury , the lord burleigh lord treasurer , and the earl of darby lord steward , or any two of them , her delegates or commissioners in her majesties name and stead to begin this said parliament , and the same further to hold , continue , adjourn or prorogue as to them should seem fitting and needful . the lords therefore being set , the knights , citizens and burgesses of the house of commons had notice thereof , and thereupon repaired unto the upper house , and as many as could conveniently being let in , sir thomas bromley knight lord chancellor shewed that the queens majesty was with-held by some very great and important occasions , so that she could not be there personally present at this time , but yet had appointed some other honourable personages there present to supply her place , and in her name to begin the said parliament . and then the same letters patents were read . after which the foresaid three commissioners leaving their places went to a seat prepared for them on the right side of the chair of state , who being so placed the lord chancellor did lastly declare , that the meer cause for which this parliament had been so suddenly called at this time , was upon the discoveries of the late most great and horrible treasons plotted for the taking away of her majesties life , and the subversion of true religion , and that one great offender therein did yet remain , touching whose punishment her majesty did crave their faithful advice ; and therefore wished those of the house of commons to make present choice of some one amongst them to be their speaker , and to present him unto the lords lieutenants or lords commissioners as soon as conveniently they might . whereupon the knights , citizens , barons and burgesses of the house of commons repairing to their said house did there elect and chuse john puckering serjeant at law their prolocutor ( who had been speaker also the last parliament . ) nota , that there is not any one word of all this before set down in the original journal-book of the house of commons de annis istis o & o reginae eliz. which is very defective not only here but in some other places thereof : but that which is before set down is for the most part gathered out of the original journal-book of the upper house , and only perfected in some places in matter of form , and yet the titles of the aforesaid three daies are set down in three blank pages . on monday the th day of october her majesties person was again represented by those aforesaid three lords commissioners constituted by her majesties letters patents on saturday the th day of this instant october foregoing . these being set in the upper house with divers other lords in their parliamentary robes , the knights , citizens and burgesses of the house of commons had notice thereof and repaired thither with john puckering serjeant at law their speaker , who was according to the usual course presented unto the said lords commissioners , and by them admitted ; who answered to these his three petitions of course made in the name of the house of commons for liberty of access , for freedom of speech , and freedom from arrests and suits , and lastly for pardon for himself , that the said house of commons and himself should enjoy and use all such priviledges and freedoms as had in the like case been enjoyed by any others in the times of her majesties most noble progenitors . whereupon the said knights , citizens and burgesses with their speaker departed to their own house . nota , that there is not any word of all this presentment of the speaker in the original journal-book of the house of commons , but only the very title of the day is thus set down in a blank page thereof lunae xxxj . octobris . and the whole matter ensuing by the great negligence of m r fulk onslow at this time clerk of the house of commons is wholly omitted , which also happened in the setting down of the three foregoing days of this journal , upon the two first of which the parliament had been further prorogued , and upon the third received its beginning : in all which the titles only of the days are set down in the upper part of three several blank pages ( as is beforesaid ) with intention doutless at first to have inserted the passages of each day ; and therefore it is the more strange that it was never perfected , and argueth the greater neglect , because the said m r onslow did live many years in the place of clerk of the house of commons after the dissolution of this parliament , by which means , if these foregoing day had not been supplied out of the original journal-book of the upper house , this other journal of the house of commons had remained very imperfect and unuseful . and yet at the end of the aforesaid blank page or bottom thereof , in which the title of this present monday the th day of october is inserted , there followeth the reading of one bill , which is usually done after the knights , citizens and burgesses of the house of commons do return from the upper house with their speaker newly admitted upon their presentment of him ; which said bill read at this time upon their return is entred in manner and form following , viz. the bill touching inrollments the first reading . after the reading of this bill the house did without all question adjourn it self unto thursday the third day of november ensuing , although there be no mention thereof in this said journal-book of the house of commons , which must ( as all other defects ) be imputed to the former neglect . and yet this adjournment may be collected , not only by a like adjournment of the lords unto friday the th day of november aforesaid , and by other adjournments very frequent in the house of commons during this first meeting of the present parliament ; but also out of the very entrance of the said thursday following , which is on the very next page after the entrance of the before mentioned bill , which is never used to be done if any other days passages should have intervened between . and therefore it would not be amiss now once for all to observe the cause and ground why the house of commons did so often at this first meeting of this parliament adjourn it self contrary to the usual practice both of former and latter times , which was no other than the handling of that great and unusual business touching the scotish queen , and leaving or forbearing to treat of other ordinary matters usual in the house . for by this means it happened that the original letters and other proofs produced against the said scotish queen for the discovery of her being guilty of the teason plotted by ballard , babington and others , being all first laid open and urged before the lords in the upper house , and not at large discussed in the house of commons till they had been derived unto them from the said upper house by several committees ; it was the only means and cause that the said house of commons did for want of matter and imployment so often adjourn it self : whereas usually at other times the passing of bills with the matter of subsidy and publick grievances being first debated in the said house and from them derived to the lords , their lordships are often necessitated in the beginning of each parliament for want of like imployment to adjourn themselves . on thursday the third day of november , to which day the parliament had been on monday the th day of october foregoing last adjourned , m r speaker shewed unto the house , that he received commandment from my lord chancellor from her majesty to signifie unto them , that her highness was sorry this house was troubled the last sitting thereof with the matter touching the chusing and returning of the knights for the county of norfolk : a thing in truth impertinent for this house to deal withal , and only belonging to the charge and office of the lord chancellor , from whence the writs for the same elections issued out , and are thither returnable again . and also that her majesty had appointed the said lord chancellor to confer therein with the judges . and so thereupon examining the said returns , and the sheriff , touching the matter and circumstances of his proceedings in the said elections , to set down such course for making the true return as to justice and right shall therein appertain . two bills had each of them one reading ; of which the first being the bill for orford-haven , had its first reading ; and the second being the bill touching inrollments , had its second reading . one of the house offering to speak to this bill , m r vice-chamberlain stood up , and shewed unto this house , that having matter of most great importance to deliver unto this house from her majesty , he was so bold with their good favours for this time to interrupt the speech intended to the said bill by the gentleman that offered to speak to the said bill ; and so then shewed , that her majesty thinking that all those of this house which were lately in the higher house when the lord chancellor declared the cause of her highnesses summoning of this parliament , could not hear the same , and also that many of the members of this house now here present , were not then come up or returned , commanded him to deliver unto this house the summary cause of her majesties calling and assembling of this great council at this time , which was ( he said ) not to make any more laws as being many more already than well executed , nor yet for any subsidy , albeit , if need so required , the same were convenient enough to be done ; but ( said he ) to consult for such matters as the like were never erst heard of , nor any parliament called for in former time that can be found or read of . and so very excellently , plainly and effectually made relation of the horrible and wicked practices and attempts caused and procured by the queen of scots so called , meerly tending to the ruine and overthrow of the true and sincere religion established in this realm , the invasion of foreign forces into this realm , rebellion and civil wars and dissension within this realm : yea and withal ( which his heart quaked and trembled to utter and think on ) the death and destruction of the most sacred person of our most gracious soveraign lady the queens majesty , to the utter desolation and conquest of this most noble realm of england . and so discoursing of the matter and great execrable treacheries and conspiracies of the said queen of scots even from the first to the last in particularities very amply and effectually ( such of them at the least as have been hitherto discovered ) shewing also very manifestly and evidently the proofs and all other circumstances of the same treachery and conspiracies ; and so thinketh good for his part that speedy consultation he had by this house for the cutting of her off by course of justice , for that otherwise our said soveraign lady the queens majesties most royal person cannot be continued with safety , concludeth with this sentence , ne pereat israel , pereat absolon . which done , m r chancellor of the exchequer , m r chancellor of the dutchy , and m r secretary woolley using each of them severally very effectual speeches at large touching the said horrible treasons and conspiracies caused and procured by the said queen of scots , the house did then rise , the time being far spent , with reservation nevertheless by m r speaker remembred for further speech therein to be had by others of this house to morrow again , and a saving also till some other more convenient time for such of this house as shall please to speak to the said bill of inrollments upon the said second reading of the same accordingly . vide th november , monday . on friday the th day of november m r recorder of london having made declaration unto this house , that divers of the members of the same do find themselves grieved for that their servants attending upon them , are daily arrested contrary to the ancient liberties and priviledges of this house , and having further moved also that a like committee of this house may at this time be appointed , as had been the last parliament for the examining and reporting cases of priviledge ; it was resolved and agreed by the house , that the same shall be exercised and done accordingly : and for the performance thereof the said m r recorder , sir henry gate , m r robert wroth and m r william fleetwood were appointed by the authority of the house . upon the motion of m r speaker putting the house in remembrance of continuing and further prosecuting of the great cause they dealt in : yesterday divers speeches were made to that effect by sir james croft comptroller of her majesties houshold sir francis knowles treasurer of the same , sir william herbert , sir thomas scot , m r francis bacon , m r alford , m r throgmorton , m r barker , m r dalton , m r biynbrigg , and m r sollicitor ; by all which it was concluded , that considering the late horrible treasons and practices conspired against the life of the queens majesty , and also for the procuring of foreign invasion in respect of the attempt ; and also for endeavouring to raise rebellion within the realm for and by mary late queen of scots , therefore of necessity present remedy and provision must be had for preventing the like attempts and practices hereafter , which could never be , unless the said scottish queen did presently suffer the due execution of justice according to her deserts . and then upon the further motion of the said m r sollicitor for a committee of this house to be had to confer of some convenient and fit course to be taken by petition and suit to her majesty in that behalf , with request also unto the lords to joyn therein with this house to her highness , if it please them ; thereupon this committee following was nominated and appointed in that behalf accordingly , viz. all the privy council of the house , sir william herbert , sir thomas scot , sir henry gate , sir william moore , sir thomas manners , sir thomas fairfax , sir robert jermin , sir john petre , sir henry cock , sir henry cobham , sir henry knyvet , sir john higham , sir thomas stanhope , m r fortescue master of the wardrobe , m r randal , m r osborne , m r george moore , m r cromwell , m r beale , m r wroth , m r burlace , m r george carie , m r doctor stanhopp , m r dale , master of requests , m r francis hastings , m r sollicitor , m r attorney of the wards , m r serjeant snagg , m r morrice , m r sandes , m r dalton , m r bacon , m r alford , m r barker , m r bainbrigge , m r throckmorton , m r corbett , m r palmes , m r pate , m r skinner , m r amersam , m r edward lukenor , m r thynne and m r hellyard recorder of york , who were all of them appointed by the house to meet in the exchequer chamber at two of the clock this afternoon . on saturday the th day of november m r george moore entring into some discourse touching the great cause , concludeth ( after sundry great and weighty reasons first shewed ) that only popery is the chief and principal root of all the late horrible and wicked treacheries and practices , and the queen of scots a principal branch issuing from the same root , and the most perillous and full of poyson of all the other branches thereof , for that the papists in very deed for the most part not knowing the person of the said queen of scots do wish the establishing of her in the crown of this realm rather in respect of popery which she would set up , than for any affection they bear to her person , and so likewise for the most part all of them either wish or could easily bear the death of our soveraign lady the queens majesty , though perhaps they would not shew themselves to be actors or dealers therein . he therefore moveth that it may be joyned in the petition for the great cause , that her majesty may be moved to retain no servants about her highnesses person , but such only as may be well known both to profess the true and sincere religion , and also to be every way true and faithful subjects . and further , that the laws already in force against papists may be put in due execution . which speeches being ended m r speaker shewed that the said motion or any other tending to the safety of her majesties person may be very well delivered and remembred to the committees in the great cause by any member of the house . m r dennis hollis offereth a bill to this house in the behalf of the curriers of london . whereupon m r speaker put the house in remembrance of her majesties pleasure before signified unto this house ; to forbear the making of new laws and to spend the time in the great causes for which this parliament was specially summoned ; yet because in the mean time of dealing in the said great cause in committee or otherwise , there should be nothing to occupy the house withal , it is thought good at such times to have some bills read in the house ( reserving always due regard and place to the said great cause . and thereupon the said bill was read accordingly . the bill touching the curriers was read the first time . the bill also for limitation of time touching writs of error growing by fraud , had its first reading . m r chadley one of the knights returned for the county of devon offereth a bill to this house touching cloth-making within the said county , out of cities , market towns and corporate towns. whereupon the said bill was then read accordingly . the bill touching clothiers in the county of devon had its first reading . edmund moore of shoreditch in the county of middlesex tallow-chandler , and john turner of the same butcher , being both of them in the serjeants custody for presuming to come into this house ( sitting the house ) and being no members of the same ; it is , upon opinion that they did it of ignorance and meer simplicity , and not of any pretended purpose , and also upon their humble submission of themselves unto this house , and like humble request and petition of pardon for the same , agreed by this house , that they shall be discharged and set at liberty , taking first the oath of supremacy openly in this house , which they so then did and afterward departed . on munday the th day of november , the bill touching fines and recoveries levied before the justices of the common pleas , whereunto any of the said justices are parties , was read the first time . sir william herbert being returned into this house knight for the county of monmouth offereth a bill into this house for the relief of certain orphans within the said county of monmouth , and prayeth that the same bill may be read ; which was so then read accordingly . the bill for relief of certain orphans in the county of monmouth had its first reading . m r bulkely offereth a bill unto this house touching clothes made in this realm to be shipped and transported over the seas , and prayeth the same may be read ; which was thereupon so done accordingly . the bill touching clothes made to be transported over the seas had its first reading . sir robert jermin likewise offereth another bill touching clothiers and cloth-making in the counties of suffolk and essex , and prayeth the reading thereof , which in no wise he would have moved , if the house should have been any ways occupied in the great cause ; the speedy course and proceeding whereof he most earnestly desireth and prayeth . the bill touching clothiers and clothes made in the counties of suffolk and essex was read the first time . m r vice-chamberlain shewed that the committees in the great cause did meet according to the commission therein of this house unto them , and that then also they did appoint another meeting therein to be this afternoon ; and shewed withal , that some of the committees of this house , being of the privy council , do understand that the lords will not in this great and weighty cause any way deal or meddle amongst themselves , nor in any other matter besides , until they shall have first heard therein from this house for conference to be prayed with them by this house ; and therefore moved , that now whilst their lordships do yet sit , the privy council with some few others of this house be presently sent to their lordships to move for conference , and to know their lordships pleasure for the time and place of meeting . whereupon for that purpose it was ordered , that all the privy council being of this house , sir henry gate , m r sollicitor and sir william moore should presently repair to their lordships to the higher house ; who did so accordingly . it should seem that in the mean time after the going up of m r treasurer and the rest , and before their return from the lords , these matters following were handled ; viz. the bill touching orford-haven was read the second time , and thereupon committed unto sir robert jermin , sir john higham , sir henry cobham , m r cromwell , m r layer , and all others that were committees in the same cause the last parliament , to meet to morrow in the afternoon in the middle temple hall at three of the clock . after sundry speeches to the bill touching inrollments upon the second reading thereof , and being then reserved to convenient time , and this present time falling out to be convenient for that purpose , it is upon the question both for the committing and ingrossing quite dashed and rejected . the bill touching curriers had its second reading . m r treasurer and the residue of the committees being returned from the lords ( as it should seem much about the time that the house had finished the disputing and reading of the foresaid bills ) he shewed that he and the residue have according to the appointment of this house moved the lords for conference touching the said great cause , which their lordships did very well like of , and have appointed that the former committees of this house in the said cause do meet this afternoon in the parliament-chamber with such committee of their lordships , as their lordships for that purpose do appoint : which ( he saith ) he thinketh to be twenty or thereabouts . and so thereupon were the names of the said committees of this house read , and they required to give their attendances therein at the said time and place accordingly . on tuesday the th day of november m r doctor turner shewed unto this house , that he is fully perswaded that her majesties safety cannot be sufficiently provided for by the speedy cutting off of the queen of scots , unless some good means withal be had for the rooting out of papistry , either by making of some good new laws for that purpose , or else by the good and due execution of the laws already in force ; which , as he greatly wisheth and referreth to the grave consideration of this house : so concluding in his own conscience that no papist can be a good subject , he did offer a bill to this house containing ( as he thinketh ) some convenient form of matter tending to the effect of his motion ; and prayeth the same may be read . whereupon m r speaker finding the title of the said bill to purport the safety of her majesties person , putteth the house in remembrance that by their own appointment and direction that matter was referred to certain committees of this house who had not only had conference thereof amongst themselves , but also with committees of the lords yesterday , and must so have again this day also in the afternoon : and sheweth further , that yesterday upon the like motion of this made by another gentleman of this house , it was agreed , that all such matters as then were or should be offered unto this house tending to the preservation of her majesties person , should be delivered and referred to the said committees to be joyned in the petition to be exhibited to her highness on the behalf of this house , and so wished this might also be , without reading the said bill , or further proceeding therein by this house , until the said committees should first have reported unto this house their travail with the lords in the said cause , which he thought would be to morrow . and after sundry speeches to that end uttered by m r george moore , sir henry knyvet , m r treasurer and m r francis hastings , it was referred to be imparted to the said committees accordingly , and therefore the bill not to be read as yet in this house . sundry speeches being had touching the liberties of this house , and of the preservation of the same liberties about the matter of the examination of the returns of the knights for the county of norfolk , and some arguing one way , and some another , the time so passing away , the house did rise , and nothing then resolved thereof at all . and then also at the rising of the house , it was moved , that in respect of the meeting of the committees in the great cause with the committees of the lords this afternoon , the meeting of the committees in the bill for orsord haven ( likewise appointed for this afternoon ) might be deferred till some other more convenient time . on wednesday the th day of november after some motions and speeches had touching the liberties of this house in the examination and judgment of the returns for the knights for the county of norfolk , it is upon the question resolved , that m r comptroller , m r treasurer , m r recorder of london , m r serjeant snagg , m r cromwell , sir william winter . sir henry knyvett , m r thomas knyvett , m r alford , m r drew , m r harris , sir william moore , m r morrice , m r sandes and m r sanders , be appointed committees by this house to examine the state and circumstances of the said returns , and to meet for that purpose to morrow in the afternoon at two of the clock in the exchequer chamber . and also that m r watson clerk of the crown in the chancery , and also the under-sheriff of the county of norfolk do then and there attend upon the said committees in the exercise of the said examinations accordingly . and further , that thereupon the said committees or some of them do signifie unto this house upon friday next in the forenoon the state of the said matter as they shall find it upon the said examination ; to the end this house may then take such further course therein as in that behalf shall be thought meet and convenient . this day report was made by m r thomas cromwell that eleven of the committees appointed by this house to examine the state and circumstances of the writs and returns made of the knights for the county of norfolk had according to their commission met yesterday , and that the clerk of the crown had brought before them as well the writs as their returns ; upon view whereof it appeared that two several writs had issued out of the chancery directed to the sheriff of norfolk for choice of the knights of the shire of that county , the first dated the th day of september , the second dated the th day of october . the first appeared by the return to have been executed the th day of september , the second executed the th of october which was after the parliament was to have had its beginning . by the first writ m r thomas farmer and m r gresham were returned to be chosen knights ; by the second m r christopher heydon and the said m r gresham . that by the examination of the clerk of the crown it appeared unto them , that the first writ with the return was brought and offered unto him by the under-sheriff the th day of october , when as the parliament was to have had its beginning , and that with that writ the burgesses for the boroughs of the county were also brought , which then notwithstanding he received not . that after about the th day of october both the said writs were delivered unto him . it was further declared that the said m r heydon with his council and the said mr. farmer in person , and also the under-sheriff had been before the committees ; that mr. gresham as being returned by both the writs had not been before them ; that they had examined mr. heydon and his council what exceptions they could take to the execution of the first writ : who then alledged two causes , the one that due summons was not given to the freeholders of the shire , the other that proclamation was not duly made . that thereupon they examined the under-sheriff , who in their presence affirmed , that the writ was delivered to the high-sheriff on the saturday , which he received on the sunday , the county day being on monday following ; on which day he was bound by law to execute his writs : by which means he had not leisure either to summon many , or any day left wherein he might by proclamation notifie it in the country . that on the said monday between eight and nine of the clock three solemn o yes were made , and the queens writ publickly read , and all circumstances used which the law required : wherein he was the more careful , for that it was commonly bruted , that there would be variance about the election . that the election was so expected in the country , that by his estimation there were three thousand persons at the same ; and that mr. farmer had the voices without denyal ; that . mr. justice windham , sir thomas knyvett , sir nicholas bacon , sir henry woodhouse and divers other justices of the peace , esquires and gentlemen of great calling , were at the election , and gave their assents to the same , and set their hands and seals to the indenture . upon consideration of the whole matter it appeared unto them , that the first writ and return were in matter and form perfect and duly executed ; the second writ they thought could not be available ; besides that the precedent was perillous for the time to come , in respect that it appointed two others to be chosen . the effect of the writ besides not observed ; for that mr. gresham one of the same was chosen by the first writ . they further declared , that they understood that the lord chancellor and divers of the judges having examined the matter , were of the same opinion . he declared further , that one of the committees had moved , that two of the committees might have been sent to understand of my lord chancellor what he had done in the matter , which the rest of the committees thought not convenient , first in respect they were satisfied therein by divers of their committees , and also for that they thought it prejudicial to the priviledge of the house to have the same determined by others than such as were members thereof . and though they thought very reverently of the said lord chancellor and judges , and thought them competent judges in their places ; yet in this case they took them not for judges in parliament in this house . and there upon required that , if it were so thought good to the house , mr. farmer and mr. gresham might take their oaths and be allowed of by force of the first writ , as allowed by the censure of this house , and not as allowed of by the said lord chancellor and judges . which was agreed unto by the whole house , and ordered to be entred accordingly . this case before set down touching the election of the knights for the county of norfolk , containeth in it many curious and very useful points . the case was singly this : the sheriff of norfolk receives a writ touching the election of two knights for that county but two days before the next county-day , in which he is bound by law to see it executed . by reason of this shortness of time he could neither summon many freeholders , nor make due proclamation in the county any one day before the said election . the sheriff notwithstanding on the said county-day proceeds to the execution of the said writ , and mr. farmer and mr. gresham are duly chosen according to all points and circumstances in such like case required ; there being not only a great appearance of freeholders , but divers also of the eminentest gentlemen of the said county , who after they had given their voices to the said election , did also set their hands and seals to the indenture of the same in that case usual . after this a second and new writ is delivered to the said sheriff for a new election to be made , which is in all points executed without any the least colour of misfesance , and by it mr. heydon , and mr. gresham ( being one of the two first that had been before elected ) were chosen , and the indenture of their said election , together with the writ , were delivered in unto the clerk of the crown , together with the writ and indenture of the former election . after which the lord chancellor and the judges meeting about it do resolve , that the first writ was well executed , the first election good , and the second absolutely void ; and of this their resolution do give the house of commons notice . in which case these points following were resolved by the whole body of the said house . first , that the said first writ was duly executed , and the election good , and the second election absolutely void . secondly , that it was a most perillous precedent , that after two knights of a county were duly elected , any new writ should issue out for a second election without order of the house of commons it self . thirdly , that the discussing and adjudging of this and such like differences , only belonged to the said house . fourthly , that though the lord chancellor and judges were competent judges in their proper courts , yet they were not in parliament . fifthly , that it should be entred in the very journal-book of the house , that the said first election was approved to be good , and the said knights then chosen , had been received and allowed as members of the house , not out of any respect the said house had or gave to the resolution of the lord chancellor and judges therein passed , but meerly by reason of the resolution of the house it self , by which the said election had been approved . sixthly and lastly , that there should no message be sent to the lord chancellor , not so much as to know what he had done therein , because it was conceived to be a matter derogatory to the power and priviledge of the said house . concerning all or the most of which particulars see more upon friday the th day of this instant november ensuing . sir christopher hatton her majesties vicechamberlain ( presently as it seemeth after the discussing of the former election ) fell upon the debating of the great cause touching the scottish queen , and shewed , that the committees of the lords in the great cause , and also the committees of this house in the same cause had conference together yesterday in the afternoon , and resolved upon a petition unto her majesty in the name of both houses to be exhibited , as afterwards it was on saturday the th day of this instant november unto her highnes , by the lord chancellor in the name of the lords of the higher house , and by mr. speaker in the name of this house , as the joynt petition of both houses for proclamation and execution of the sentence of the lords and others the late commissions at fotheringhay in the proceedings there against mary called the queen of scots . and that because the said committees of both houses thought the said petition would be too long if it should comprehend the whole course and manner of the said proceedings ; yet they thought it necessary , that in both houses the whole course of the same proceedings should be signified and read this present day , to the end each member of both the said houses might understand the whole matter and manner of the same course of proceedings to their full satisfactions . and that then afterwards also the same uniform petition likewise be read in both the said houses ; with reservation nevertheless and liberty to both the same houses , and to every member of the same house , to shew and infer to the said lord chancellor for the lords , and to mr. speaker for this house , any other reasons whatsoever ( besides those contained in the said petition ) which they shall think meet to be remembred to her majesty for the better furtherance of obtaining their humble suit at her majesties hands contained in the said petition . and shewed further , that the said committee of the lords willed the said committees of this house , that the lords now sitting this forenoon in the higher house might hear from this house this forenoon also of the liking or acceptation of this house in the said form and course of proceeding in the said petition . which thing himself after a long time spent in the reading of part of the said record of the said proceeding in the said commission at fotheringhay , and foreseeing also that the finisting of the reading thereof , would require so much more time as was very like could not well be done before the lords should rise ; moved , that one or two of this house might in the mean time of reading the residue of the said record of the said course of proceedings , repair to their lordships , and signifie unto them the same from this house , to know their lordships pleasure for some other time for the committees of this house to intimate unto their lordships the good liking of this house conceived of the matter of the said petition . and thereupon were appointed m r treasurer and m r vice-chamberlain , who going then presently to the lords , and returning again afterwards , mr. vice-chamberlain shewed , that the message they brought again from the lords was very short , to wit , that their lordships did appoint for that purpose to morrow in the forenoon . and afterwards the same record of the whole course of the said proceeding in the said commission being read , and the said petition then read also , mr. vice-chamberlain moved that this house would be suitors to the lords to have the said petition entred and inrol led in the said higher house , there to remain of record as an act. and thereupon it was upon the question resolved by the whole house , that the said request should be made to their lordships in that behalf by the said committees on the morrow , when they deliver unto their lordships the full and whole good liking of this house had of the said petition . then mr. speaker moved , that for as much as by reason of the shortness of the said petition he is appointed by this house to yield reasons unto her majesty in such objections as should please her highness to make touching the contents of the said petition , the house would deliver him in writing , for his better memory and the righter direction of their service imposed upon him in that behalf , such reasons as they should think meet for him in their names to remember unto her majesty . and thereupon it was ordered , that the said committees of this house and every other member of this house that would , should meet at two of the clock in the afternoon of the same day in the exchequer-chamber , and there shew and deliver such reasons inferring the necessity of the said petition , or other matter tending to the safety and preservation of her majesties most royal person , as to every or any member of this house should seem meet and convenient . and upon another motion of mr. speaker , that some of her majesties privy council being of this house , might be requested by this house to make humble suit to her majesty for access of some competent number of this house unto her highness accordingly , it was prayed and agreed by the whole house , that mr. vice-chamberlain do the same . and so then the house did rise , and adjourned the court until the friday next following , upon a former request then a little before made by mr. speaker for sparing his service till then , in respect he might in the mean time the better bethink and prepare himself to attend upon her highness in performance of their said charge so as before imposed upon him . on friday the th day of november the committees in the bill for orford-haven ( whose names see before on monday the th day of november ) are appointed to meet this afternoon at three of the clock in the middle temple hall. mr. cromwell one of the committees for the examination of writs and the returns for the knights of the county of norfolk ( which said committees names see on friday the th day of november foregoing ) maketh report , that yesterday eleven of them met , and upon view of the dates of the same writs and returns , and upon conference by them then also had with the clerk of the crown and under-sheriff of norfolk touching the manner of executing of the same writs and returns , and hearing all such parties grieved , with their learned councel , as repaired then to them for that purpose ; they do find , that the first writ and return both in manner and form was perfect , and also duly executed , and the second writ not so ; and that besides it might also be a perillous precedent for the time to come to the liberty and priviledge of this house , to admit or pass over any such writ or return in such manner and course as the said second writ carrieth . and further declared , that they understood by the said clerk of the crown , that the lord chancellor had then lately commanded him to receive and accept the said first writ and return , by the which mr. farmer and mr. gresham were elected and returned , as the writ rightly and duly executed , and did also understand by mr. recorder one of the said committees , that sir edmund anderson lord chief justice of the court of common pleas had also shewed him , that the said lord chancellor and the judges had resolved , that the said first writ should be returned as that which was in all parts duly and rightly executed , and not the second . and shewed further , that one of the committees assenting with the residue in opinion of validity of the said first writ and return , and of the invalidity of the said second , and also in resolution that the explanation and ordering of the case as it standeth , appertaineth only to the censure of this house , moved notwithstanding in the committee , that two of the committees might be sent to the said lord chancellor to understand what his lordship had done in the matter ; which the residue thought not convenient , first , for that they were sufficiently satisfied therein by divers of themselves , but principally in respect they thought it very prejudicial and injurious to the priviledge and liberties of this house , to have the said cause decided or dealt in in any sort by any others than only by such as are members of this house : and that albeit they thought very reverently ( as becometh them ) of the said lord chancellor and judges , and know them to be competent judges in their places ; yet in this case they took them not for judges in parliament in this house : and so further required , that ( if it were so thought good ) mr. farmer and mr. gresham might take their oaths , and be allowed of and received into this house by force of the said first writ ; as so allowed and admitted only by the censure of this house , and not as allowed of by the said lord chancellor or judges . which was agreed unto accordingly by the whole house , and so ordered also to be set down and entred by the clerk. mr. treasurer one of the said committees in the said examination sheweth for his part his privity and assent unto the whole recited course of proceeding in the said committee as it hath been declared by mr. cromwell ; and that before himself , the said mr. farmer hath already pronounced and taken his oath . shewing further withal that in the committee he moved that some might be sent to the lord chancellor to know what his lordship had done in the matter , which he then thought , and yet still doth think necessary to have been done , as one of the circumstances of the said examinations , and not for want of any satisfaction otherwise , but only in respect of the orderly proceeding in the commission unto them by this house , tending to circumstances of the matter , of which he thinketh one to have been to send as aforesaid unto the said lord chancellor , though they were resolved by themselves amongst themselves before . mr. recorder of london making a large and plentiful discourse of the ancient priviledges and liberties of this house , furnished with recital of sundry precedents and examples , and lastly coming down to the matter in hand , sheweth , that sir edmund anderson knight lord chief justice of the commons pleas told him this morning , that the said lord chancellor and the judges had resolved , that the said first writ ought to be returned , and had so given order to the sheriff and clerk of the crown ; and that he thereupon answered the said sir edmund anderson again , that the censure thereof belonged unto this house and not unto them , and that he for his part would take no notice thereof at their hands of their so doing , but only by way of instructions and not otherwise . and so concluded with the allowance of the good course and order of this house in setting down and entring the said judgement accordingly as before . mr. vice-chamberlain shewed unto the house , that according to their appointment he hath been an humble suitor unto her majesty on the behalf of this house for access there to be had unto her highness , to exhibit their petition unto her majesty ; and that her majesty thereupon hath very graciously granted to hear them at the court upon to morrow next between one and two of the clock in the afternoon : signifying also unto them further , that her majesty having heard that the lords do appoint them twenty of themselves of the higher house to attend her majesty also for the same purpose ; so her highness thinketh meet that forty of this house were likewise appointed for this house , which she thinketh to be a sufficient number ; but is nevertheless well pleased if the house shall think good , to send a more or greater number at their discretions , but leaveth the same to their own considerations . which her majesties most gracious favour , as the whole house did take it in most joyful and dutiful part ; so did they then desire the said mr. vice-chamberlain , that he would in the name of this whole house present unto her majesty their most humble and dutiful thanks for the same her highnesses most gracious clemency and great loving kindness towards them . which so to do , the said mr. vice-chamberlain told them he purposed ( god willing ) in the afternoon of this present day . and these were appointed by this house to attend upon her majesty to morrow at the court , as many of the former committees as would ( whose names see at large on friday the th day of this instant november foregoing ) and also sir henry barkeley , sir william mohun , sir edward dymocke , sir thomas jones , sir henry bagnell , sir andrew nevill , sir henry knyvet , mr. farmer , sir edward osborne , mr. henry bromley , mr. ralph horsey , mr. james croft , and mr. tasborough then added unto them ; which done , upon a motion , that for as much as the knights for the county of norsolk , and the burgesses for all the boroughs within the same county ( saving only the citizens for the city of norwich ) were returned and certified into this house this present day , and not before , the petition might therefore be read again in this house in the presence of the same knights and burgesses , to the intent that they being made privy thereof , might also yield their assents to the same petition ; whereby , the rather , the same being for a matter of so great moment , might in very deed be the action of the whole house then being possessed and consisting of all the members thereof ; the same petition was read by the clerk , and well liked of , agreed unto and allowed by the voices of the said knights and burgesses upon the question thereof unto them made in that behalf by mr. speaker . and afterwards mr. vice-chamberlain made a motion , that mr. speaker be put in remembrance by this house , besides the residue of his reasons to be shewed to her majesty for maintenance of the parts of the said petition , to urge ( if need be ) to her majesty the matter and necessity of the late instruments of association , respecting especially the consciences of a great number of her highnesses good and loyal subjects , which cannot be dispensed with by laws ; whereupon request was so made by the house to mr. speaker accordingly . mr. treasurer shewed , that yesterday he and others of the committees in the great cause presented unto the lords in the upper house the request of this house unto their lordships to have the said petition entred and recorded in the upper house , there to remain as an act. whereunto their lordships assented , and willed that the same might first be ingrossed in parchment , and so delivered to their lordships this present forenoon ; shewing further , that the clerk of this house then had the same already ingrossed and exact accordingly , but that the same could not that day be sent to their lordships , for that their lordships did not sit this forenoon , and therefore he said it must be delivered at some other time . and so then the house did rise , and this court was adjourned till monday next following . memorandum , that in the afternoon of this present day the said petition ingrossed was delivered into the hands of the lord chancellor by the appointment of mr. speaker , and so lest with his lordship . on saturday the th day of november ( although the house of commons sate not any part of the day in their proper place ) yet in the afternoon according to her majesties direction sent unto the house yesterday by sir christopher hatton her vice-chamberlain , john puckering serjeant at law their speaker , with all the privy council and divers other members of the said house ( whose names see before on friday the th day , and on friday the th day of this instant november last past ) repaired to her majesty unto the court , there to joyn with sir thomas bromiey lord chancellor and twenty temporal lords of the upper house in presenting a certain petition ( which had been agreed upon by both houses ) unto her highness for the speedy execution of mary late queen of scots , according to that just sentence which had been pronounced against her . and to move her majesty thereunto , the said speaker of the house of commons did use many excellent and solid reasons , which were all found in a certain memorial written with his own hand , being as followeth . unless execution of this just sentence be done , . your majesties person cannot any while be safe . . the religion cannot long continue amongst us . . the most flourishing present state of this realm must shortly receive a woful fall. . and consequently in sparing her your majesty shall not only give courage and hardiness to the enemies of god , of your majesties self , and of your kingdom ; but shall discomfort and daunt with despair the hearts of your loving people , and so deservedly provoke the heavy hand and wrath of god. and that summarily for the reasons ensuing : first , forasmuch as concerns the danger of your majesty : both she and her favourers think that she hath right , not to succeed , but to enjoy your crown in possession ; and therefore as she is a most impatient competitor ( acquainted with blood ) so will she not spare any means that may take you from us , being the only lett that she enjoyeth not her desire . she is hardned in malice against your royal person , notwithstanding that you have done her all favour , mercy , and kindness , as well in preserving her kingdom , as saving her life and honour . and therefore there is no place for mercy , where there is no hope of amendment , or that she will desist from most wicked attempts . the rather , for that her malice appeareth such , as that she maketh as it were her testament of the same to be executed after her death , and appointeth her executors to perform the same . she affirmeth it lawful to move invasion : therefore as of invasion victory may ensue , and of victory the death of the vanquished ; so doth she not obscurely profess it lawful to destroy you . she holds it not only lawful , but honourable also and meritorious , to take your life , &c. being deprived of your crown by her holy father ; and therefore she will ( as she hath continually done ) seek it by all means whatsoever . she is greedy of your death , and preferreth it before her own life ; for in her late direction to some of her complices she willed , whatsoever became of her , the tragical execution should be performed on you . there is by so much the more danger to your person since the sentence than before , by how much it behoveth them that would preserve her or advance her , to hasten your death now or never , before execution done upon her ; as knowing , that you and none else can give direction for her death : and that by your death the sentence hath lost the force of execution , and otherwise they should come too late , if they take not the present opportunity to help her . her friends hold invasion unprofitable while you live , and therefore in their opinion your death is first and principally to be sought , as the most compendious way to ruine the realm by invasion . some of the eldest and wisest papists set it down for a special good drift to occupy you with conceit , that the preservation of her life is the safety of your own ; and therefore you may be assured that they verily think that her life will be your death and destruction . secondly , forasmuch as concerns religion : it is most perillous to spare her that hath continually breathed the overthrow and suppression of the same , being poysoned with popery from her tender youth , and at her age joyning in that false termed holy league , and ever since and now a professed enemy of the truth . she resteth wholly upon popish hopes to be delivered and advanced , and is so devoted and doted in that profession , that she will ( as well for satisfaction of others , as feeding her own humor ) supplant the gospel where and whensoever she may . which evil is so much the greater and the more to be avoided , as that it slayeth the soul , and will spread it self not only over england and scotland , but also into all parts beyond the seas where the gospel of god is maintained ; the which cannot but be exceedingly weakened if defection should be in these two most valiant kingdoms . thirdly , for as much as concerns the happy estate of this realm : the lydians say . unum regem agnoscunt lydii , duos autem tolerare non possunt : so we say , unam reginam elizabetham agnoscunt angli , duas autem tolerare non possunt . and therefore since she saith that she is queen here , and we neither can nor will acknowledge any other but you to be our queen : it will follow , if she prevail , she will rather make us slaves than take us for children ; and therefore the realm sigheth and groaneth under fear of such a step-mother . she hath already provided us a foster-father and a nurse , the pope and the king of spain , into whose hands if it should mis-happen us to fall , what can we else look for but ruine destruction and utter extirpation of goods , lands , lives , honour and all ? whilst she shall live the enemies of the state will hope and gape after your death . by your death they trust to make invasion profitable for them , which cannot be but the same should be most lamentable for us : and therefore it is meet to cut off the head of that hope . as she hath already by her poysoned baits brought to destruction more noble men and their houses , and a great multitude of subjects during her being here , than she would have done if she had been in possession of her own country and armed in the field against us ; so will she still be continually cause of the like spoil to the greater loss and peril of this estate : and therefore this realm neither can or may endure her . her sectaries do write and print , that we be at our wits end , worlds end , if she over-live your majesty ; ( meaning thereby that the end of our world is the beginning of theirs : and therefore take her away , and their world will be at an end before it begin . since the sparing of her in the th year of your reign , popish traytors and recusants have multiplied exceedingly ; and if you spare her now again they will grow both innumerable and invincible also . and therefore now in the th place : mercy in this case would in the end prove cruelty against us all ; nam est quaedam crudelis misericordia . and therefore to spare her is to spill us . she is only a cousin to you in a remote degree , but we be sons and children of this land , whereof you be not only the natural mother , but also the wedded spouse . and therefore much more is due from you to us all than to her alone . it would exceedingly grieve and wound the hearts of your loving subjects if they should see so horrible vice not condignly punished ; if any be wavering , it will win them to the worser part , and many will seek to make their own peace . wherefore as well for the comfort of the one as stay of the other , and retaining of all , it is most needful that justice be done upon her . thousands of your loving subjects of all degrees , which have for special zeal of your safety made oath before god to pursue to death by all forcible and possible means such as she is by just sentence found to be , cannot save their oaths if you keep her alive : for then either we must take her life from her without direction , which will be to our extream danger by the offence of your law ; or else we must suffer her to live against our express oath , which will be to the uttermost peril of our own souls , wherewith no act of parliament nor power of man whatsoever can in any wise dispense . and therefore seeing it resteth wholly in you by a most worthy and just execution of this sentence to keep us upright , and free us in both , we most humbly and earnestly beseech you , &c. that speedy justice be done upon her , whereby your self may be safe , the state of your realm preserved , and we not only delivered from this trouble of conscience , but also re-comforted to endeavour our selves and all ours into whatsover other peril for the preservation and safety of you . lastly , gods vengeance against saul for sparing agag , against ahab for sparing the life of benhadad is apparent ; for they were both by the just judgment of god deprived of their kingdoms for sparing those wicked princes whom god had delivered into their hands of purpose to be slain to death by them , as by the ministers of his eternal and divine justice . how much those magistrates were commended that put to death those mischievous and wicked queens jezebel and athaliah ! how wisely proceeded solomon to punishment in putting to death his own natural and elder brother adonias for the only intention of a marriage , which gave suspicion of treason ! whereas there is no more desired of your majesty , than the very pope ( now your sworn enemy , ) some of these late conspirators and this wicked lady her self have thought fit to fall on her . he in like case gave sentence , vita conradini , mors carolo ; mors conradini , vita carolo. they in their best minds and remorse of conscience setting down the best means of your safety said ; he that hath no arms cannot fight , and he that hath no legs cannot run away , but he that hath no head can do no harm . pisces primùm à capite foetent . she by her voluntary subscribing to the late association &c. gave this sentence against her self . and after in her letters of these treasons to babington wrote , that if she were discovered , it would give sufficient cause to you to keep her in continual close prison . by which words she could mean nothing else but pains of death . therefore we seeing on the one side how you have , to the offence of mighty princes , advanced religion , with what tender care , and more than motherly piety you have always cherished us the children of this land , with what honour and renown you have restored the ancient rights of the crown , with what peace and justice you have governed , and with what store and plenty you have raigned over us : on the other side seeing that this enemy of our felicity seeks to undermine the religion , &c. to supplant us , and plant strangers in the place , to transfer the rights of the crown to that italian priest , and the crown to her self , or some other from you , and therefore lyeth in continual wait to take your life , &c. therefore we pray you , &c. for the cause of god , his church , this realm , our selves , and your self , that you will no longer be careless of your life , our soveraign safety , nor longer suffer religion to be threatned , the realm to stand in danger , nor us to dwell in fear ; but as justice hath given rightful sentence , &c. so you will grant execution . that as her life threatneth your death , so her death may by gods favour prolong your life ; and that this evil being taken away from the earth , we may praise god for our deliverance , and pray him for our continuance . and with the psalmist say , dominus fecit judicium , and the ungodly is trapped in the works of her own hand . and so pray god to incline her heart to our just desires , &c. which short note seemeth to be thus impersectly set down by the said speaker , only to put him in mind to end and shut up his speech with some short prayer to the said purpose . nota , that all the several passages of this saturday are supplied out of a very authentick copy which i had , containing the said reasons delivered by the said speaker , and partly out of the original journal-book of the upper house , being wholly omitted in that of the house of commons , as is also her majesties answer , which because it is printed at large by mr. cambden ( in annal. regin . eliz. edit . lugd. batav . anno dom. . pag. , , & . ) and elsewhere , it would be needless to insert it here or any part thereof ; and the rather , because some heads thereof are shortly remembred on monday next following . on monday the th day of november mr. speaker made report to the house of his message done from this house to her majesty , ( which see on saturday last foregoing ) and also of her majesties most grateful acceptation of the same , and of her highnesses answer thereunto : but what her majesties said answer was , is wholly omitted in the original journal-book of the house of commons , although mr. fulk onslow , at this time clerk thereof , had left the entire . leaf of the said journal , a blank for the entring or inserting of it . yet it will not be amiss , although the said answer be extant in print , as is abovesaid , briefly to touch the heads thereof . which were , her majesties thankful acknowledgment for her many miraculous preservations ; that she was most grieved that so near a kinswoman as the queen of scots had conspired to take away her life . that the law lately made ( which seemeth to have been that for the preservation of her majesties person passed the last parliament ) was not enacted to intrap the said queen ( as some had pretended ) but only to deter her from such wicked practices . that her tryal had been just and honourable . and lastly , that she thanked them for their care of her safety , and desired them a while to expect her further and final answer . mr. vice-chamberlain affirming the report of mr. speaker to be very true in all the parts of the same , and well and faithfully delivered by him to this house , and very much also commending his delivery of the message of this house to her majesty upon saturday last at the court , in such dutiful and due sort as all this whole house had ( he said ) very good cause to yield him very hearty thanks for the same , and therefore required them so to do ; which they so then did in very loving and courteous sort . and he further shewed , that he had something more to add to the said speech reported by mr. speaker , not of any thing delivered unto him upon saturday by her majesty , but of something then omitted and forgotten by her majesty , albeit both before purposed by her highness , and then and yet still intended to be signified unto this house , and which he himself that morning was commanded by her majesty to signifie unto them : which was , that her highness , moved with some commiseration towards the scottish queen in respect of her former dignity and great fortunes in her younger years , her nearness of kindred to her majesty , and also of her sex , could be pleased to forbear the taking of her blood , if by any other means to be devised by her highnesses great council of this realm , the safety of her majesties own person and of the state might be preserved and continued without peril or danger of ruine and destruction , and else not : therein leaving them all nevertheless to their own free liberty and dispositions of proceeding otherwise at their choices . for as her majesty would willingly hearken to the device and reasons of any particular member of this house ; so mr. vice-chamberlain shewed they may exhibit their conceits in that case either to any of the privy council , being of this house , or else to mr. speaker , to be further signified over to her highness accordingly . nota , that mr. cambden hath delivered and set down in his annals of queen elizabeth , pag. . two mistakes : the first , that this message was sent twelve days after the access which the two houses had unto her majesty on saturday foregoing , as is aforesaid ; whereas it is plain that this message was sent to both the houses upon the second day after , being this instant monday , as appears by the original journal-book of both the houses before mentioned . his second errour is , in respect that he said that the said message was delivered by puckering the speaker of the said house of commons , whereas her majesty sent it by sir christopher hatton her vice-chamberlain , and he accordingly did relate the same unto the house , as appears in his speech immediately foregoing . all which i have the rather observed and set down thus at large , that so the excellent use of these journals of parliament may appear , not only in respect of the orders and priviledges of the said two houses , but also in respect of the true discovery of the very history of this realm . mr. vice-chamberlain continuing his former speech at this time , did further put the house in remembrance , that as at the beginning of this present parliament the lord chancellor signified unto this house by her majesties express commandment , that no laws at all should be made in this parliament ; so her highness purposing not to be present to give her royal assent to any laws , this house should not need ( he said ) to be troubled with going about to make or enact any laws now at all : and therefore wisheth that this court may be adjourned till friday next ; at which day ( he said ) it may be this house will hear her majesties further pleasure in answer to the said petition , for that her highness had not as yet read or perused the same . and so thereupon this court was then adjourned till friday next accordingly . on friday the th day of november after sundry grave speeches , sound arguments , and forcible reasons made by sir edward dymock , sir thomas scot , mr. woodward , mr. edward sanders , mr. dalton , mr. chancellor of the exchequer , and mr. vice-chamberlain concerning the message delivered by the said mr. vice-chamberlain upon monday last from her majesty , for consultation to be had for some other means of course , if it might be , for the establishing and preservation of the true religion , of her majesties most royal person , and the good and peaceable estate of this realm , than by the taking away of the life of the queen of scots . and each of them resolutely concluding , that no other device , way , or means whatsoever could or can possibly be found or imagined , that such safety can in any wise at all be had so long as the said queen of scots doth or shall live , they do withal very earnestly move and perswade the prosecution of the said petition lately delivered jointly by the lords and this house to her majesty for the necessity of the speedy executing of the said queen of scots , as the one and only mean ( as far as mans reason can reach ) to provide for the safety of the continuance of true religion , of her majesties most royal person , and of the peaceable estate of this realm , from the manifest and imminent danger of utter subversion , destruction and desolation . and mr. vice-chamberlain gathering partly by some of the said speeches preceding , that some of this house seemed to conceive of the said message by him delivered to this house from her majesty on monday last touching the said consultation to be had , as a peremptory proposition unto them to exclude them from all other courses of proceeding , shewed unto them again , as he did before , that her majesty commanded that message to be propounded unto them for consultation only , and not for direction , leaving nevertheless every member of this house to their own free liberty and dispositions of proceeding touching the said matter ; and so yielding his full opinion and ready consent with the residue for the continuance of the prosecution of the said petition unto her majesty in most humble and dutiful sort , as the only necessary resolution of this whole house to rely upon in that behalf . and shewing further , that upon tuesday last the like message was done by her majesties like commandment to the lords of the higher house , moved , that as in all the former proceedings of this house in the great matter and business touching the scottish queen , the said house had always been suitors unto their lordships to join with them therein ; so now that the same motion might be again made unto their lordships to join with them in this part also . and for that it is very meet and convenient , that answer be made to her majesty of the said message , this house would , as in the beginning of the said former proceedings , appoint a convenient committee of this house to confer of the manner and substance of the said answer , and then after the report thereof made to this house , to make suit unto the lords for conference with their lordships touching the resolution of this house . which motion being well liked of by this house , it was upon the question resolved , that such a committee should be had accordingly . and further ordered , that all the former committees in the said great cause , and also all those others which had spoken this present day , to wit , mr. woodward and mr. edmund sanders , and also sir george cary be likewise added unto them , and that they meet to morrow at nine of the clock in the forenoon in the exchequer-chamber , and as many else of this house besides as please to come thither to them . which done , this court was then adjourned till monday next , for that the lords did not sit this present day , and this house then had nothing to deal with till the said committees shall first have had conference with their lordships . sir john higham one of the committees in the bill for orford-haven , doth at the rising of the house make report of the travail of himself and the residue of the committees therein , and so delivereth in both the old bill and also a new bill . on monday the th day of november ( to which day the parliament had been on friday the th day of the said month foregoing last adjourned ) m r markham a burgess for the borough of grantham in the county of lincoln , shewed on the behalf of the inhabitants of the said borough , that m r arthur hall having been in some former parliaments returned a burgess for the said borough , and in some of the same parliaments for certain causes the house then moving , disabled for ever afterwards to be any member of this house at all , hath of late brought a writ against the inhabitants of the said borough for his wages ( amongst other times ) in attendance at the late session of parliament holden at westminster in the th year of her highnesses raign ; during which time , as also a great part of some other of the said former parliaments he did not serve in the said house , but was for some causes as aforesaid disabled to be any member of this house , and was also then committed prisoner to the tower of london . and so prayeth the advice and order of this honourable house therein , unto the censure and order whereof the said inhabitants do in most humble and dutiful wise submit themselves . and so shewed the said writ , which was then read by the clerk. after the reading whereof , and some speeches had touching the former proceedings in this house against the said m r hall , as well in disabling him to be any more a member of this house , as also touching his said imprisonment , the matter was referred to further consideration after search of the precedents and entries of this house heretofore had and made in the course of the said cause . vide diem veneries um diem decembris , & diem mercurii um diem martii postea . m r treasurer shewed that the committees in the cause for conference to be had touching the answer to be made by this house to the message lately delivered from her majesty , did meet according to the commission of this house , and after long and much debating , and many great arguments , it appeared very evidently by most strong reason , that no other way whatsoever can be taken for the safety and continuance of true religion , of her majesties most royal person , and of the peaceable estate of this realm , but only by justice to be done upon the queen of scots according to her demerits . which justice as her majesty ought of duty to cause to be done , so they resolved utterly to insist upon the prosecution of the former petition unto her highness , as the one only way and none other to be performed in the said cause . and so left to some other of the said committees the more particular discourses of their said conferences . whereupon m r vice-chamberlain very excellently , plainly and aptly shewed the manner of their treaty in the said conference , and of the reasons therein both brought and confuted touching any manner of possible or conjectural course of the said safety other than only by the death of the said queen of scots , as neither by likelihood of reformation in her person , hope of strait guarding or keeping of her , or of any caution of hostages to be taken for her ; reciting and applying most apt and invincible reasons in the several proofs thereof ; and so concluding his own opinion also only to be such and none other , wished that if any member of the house could concèive or shew any other course or device tending to the purport of the said message , than hath been erst now remembred or in the said committee offered , he would shew the same . and if not , that then m r speaker would move the question for the consent of the whole house to the continuance of prosecuting that said petition together with the said committees . whereupon after some little pause and none offering any speech to other end , m r speaker moving the question to the house , it was resolved by the whole house , to insist only upon the said petition accordingly . and also after sundry other speeches had tending all to the same resolution , and some of them urging the remembrance , purpose and present consideration of the former association , it was ordered that to morrow when the lords do sit in the upper house the former committees of this house ( m r robert cecill being now added unto them ) do repair unto their lordships for conference with their lordships touching the said resolution of this house in answer to her majesties said message . and also with request to their lordships to give licence unto this house to join with their lordships in the said answer to her majesty , if it so please them . m r comptroller shewing his full assent and good liking of the said conclusion touching the prosecution of the said petition only , and of none other course at all , as well in his former delivery thereof upon treaty of the said cause , as now at this present , declared further , that he thinketh himself to have been in some of his late former speeches in that matter mistaken and misconceived by some of this house rather of ignorance in them ( he thinketh ) than of any evil disposition and purpose ; and so affirming earnest and devout prayer to god to incline her majesties heart to the petition of this house as a thing much importing , he moveth that some apt and special course of prayer to that end might be devised and set down by some of this house , and be not only exercised here in thus house every day , but also by all the members of this house elsewhere abroad , and also privately in their chambers and lodgings . m r treasurer liking well the motion and good meaning of m r comptroller touching prayer to be exercised as before , shewed that fit prayers for that purpose and extant in print are already used in this house , and so may also be by the members of the same privately by themselves , and doth willingly wish the same might be so executed accordingly . sir john higham assenting very readily to the continuation of pursuing the said petition , urged further very zealously and earnestly the burthen of the oath of association ; and so thereby amongst other things of great and necessary consideration and importance , prayeth her majesty may be solicited to the speedy execution of justice upon the person of the queen of scots . mr. recorder bending many speeches , and reciting many precedents of petitions in former times granted by sundry of her majesties most noble progenitors kings of england to the subjects of this realm at the humble suits and petitions of the speaker and commons of the lower house , which the lords of the upper house in those days could not obtain at their hands ; doth not only perswade very earnestly the said insisting of this house upon the said petition , but also undoubted assuredness of her majesties granting and performing of the same , as a thing answerable both unto her highness most merciful , loving and tender care over her good subjects , as also to the very necessity of the case . mr. cope moved , that mr. speaker might put it to the question for the resolution of this house touching the prosecution of the said petition with all good and fit speed . mr. chancellor of the exchequer putting the house in remembrance of their resolution therein given already even now at this very instant court upon the question then propounded by mr. speaker , moved the going forward with the committee for conference , to the end that with better expedition upon report of the same conference to be made to morrow to this house , and then the resolution thereupon to be signified unto the lords and their favours prayed for joining further with this house , the cause may receive such speedy good course of further proceeding to end and execution as shall best appertain . on tuesday the d day of november m r treasurer and sundry others of the committees returning from the lords shew , they have had conference with their lordships , and that their lordships wholly and only insisting upon the said petition , like as this house also doth , do purpose this afternoon to send two lords , to wit the lord admiral and the lord cobham , to be suiters for that house for access unto her majesty for delivering their lordships answer to the said message ; and so moved likewise , that two of this house of the privy council , or such other as this house shall appoint , may also on the behalf of this house be suiters unto her majesty for like access in the same matter also . and thereupon were named for that purpose m r vice-chamberlain and m r secretary wolley . m r vice-chamberlain shewed further , that the lords did prepare against the time of their access to be obtained of her majesty , to be furnished with sufficient matter to answer unto any reasons happily to be objected unto them by her highness at the time of their said answer to be made to her majesty touching the said message , and not to propound any such at all but only by way of answer , if it fall out that it please her highness so to object , and else not . and so moved the like care by consideration to be also had by this house , and the same reasons to be such also ( as near as may be ) as were not lately delivered unto her majesty by m r speaker ; for the avoiding of which iterations on the one side , and readiness of preparation to her highness objections ( if any happen ) on the other side , he thinketh good that a committee of this house were presently named for that purpose , and that m r speaker also be with them at their meeting ; whereby he may advertise them ( as occasion shall serve ) of such reasons as he had before inferred to her majesty at the time of exhibiting the said petition . whereupon it was ordered , that all the former committees in the great cause , with m r doctor lewen now added unto them , do meet at two of the clock this afternoon in the exchequer chamber , and that m r speaker be then there also . m r vice-chamberlain shewed that he cannot be with them at the committee , neither yet at this house before to morrow at ten of the clock at the soonest , but of necessity must both attend her majesties good pleasure for answer , and also lodge at the court all night . on wednesday the d day of november m r speaker shewed the travail of the committees in their meeting yesterday , and also their appointment then of further meeting again this forenoon , and of their conference at both times ; in which ( he said ) were brought very many and sound reasons touching the matter in consultation to very great depth by sundry there present , delivered by some in speech , and by some other in writing ; which as they were very many and hard to be all carried in memory , and withal sundry of the most principal and effectual of them uttered by m r sollicitor ; so had he entreated m r sollicitor to take pains to abridge a summary note of the said most principal reasons : which having been done so by him and also delivered to m r speaker , he offered the same to the house to be read . mr. sollicitor taking the said note into his hand shewed , that his meaning was to make the said note only for a memorial unto mr. speaker for himself , and not at all to be read to the house . and because the said note is not in any part so fully and plainly set down , as by the reading thereof the house might so well conceive the effects of the said reasons as were requisite , himself therefore would , if it pleased them , shew unto them the substance of the said note , as himself for his own opinion conceived of the said reasons . and so holding the said note in his hand , and discoursing the several particularities contained in the said note , proveth by invincible reasons , that neither by expectation of reformation in the disposition of the scottish lady ( if the queens majesty should spare her life ) nor yet by safer or stronger guarding of her person , nor by her promise upon word or oath , nor by the hostages of other princes her allies , nor by her banishment , nor by the revocation of the bull of pope pius quintus , nor yet by the bonds or word of a prince , or of any or all the princes her allies , nor by any other way or means whatsoever , other than only by the speedy execution to death of the said scottish queen , the safety or continuance of the true religion , of the most royal person of the queens majesty , and of the peaceable state of this realm can in any wise be provided for and established . and so concluding , relied only upon the humble continuation of the suit of this said house unto her majesty in the said petition . mr. thomas knyvet shewing , that as liberty was given to the members of this house to deliver their conceits touching the matter presently in consultation either in speech or in writing at their choices ; so he for his part offered the same in writing , and prayeth the same may be read . mr. vice-chamberlain saith he thinketh mr. knyvet did mistake it , for that such notes in writing were appointed to have been offered in the committee , not in the house ; and shewed further , that he and mr. secretary wolley having according to the appointment of this house attended her majesties pleasure for access for answer ; and that her highness is well pleased that for the time of their access , the same be to morrow next being thursday , betwixt one and two of the clock in the afternoon at the court , and for the number to be such , and of such persons as this house shall think good , the speaker , if they will , and the committees , yea and as many else of the house also as please . and shewed further , that they thought good in duty to make her majesty acquainted with the great care and travail of this house in their diligent and dutiful proceeding to the satisfaction of her majesty in the matter of the message delivered unto them from her highness . which their exceeding great and especial care therein as her majesty doth very well like of , and take and accept in most gracious and loving part ; so did her highness command him to signifie unto this whole house her majesties most hearty thanks for the same , reposing ( next under god ) her own safety to be greater in the dutiful love and obedience of so faithful and loving subjects ( an inestimable blessing of god unto her majesty ) than in their riches , abilities and forces ; rehearsing this sentence , fide quàm ferro tutiùs regnant reges . he also said , that for matter of other affair not of this house , he had cause even now very lately to be with the lords , and perceived by some of them that the lord chancellor also to morrow did repair to the court with twenty others of the lords at the least ; and therefore it were very necessary also that m r speaker also did in like sort go with these of this house . and further moved , that m r speaker might be furnished with sufficient reasons to be by himself propounded unto her majesty in the name of this house for her satisfaction in answer to the said message , and so not to expect reasons to be objected unto him by her highness ; for that ( he said ) he knew very well her majesty looked for these reasons of satisfaction at their hands , by way of propounding and not only by way of answering . whereupon the house did then rise , and this court was adjourned till friday next in the forenoon . on friday the th day of november m r grice hearing it reported ( as he shewed ) that the french embassadour lately arrived , is appointed to have access unto her majesty to morrow at the court , and fully perswading himself for his part that the said embassadour cometh not for any good either to her majesty or to the realm ; and knowing that their manner is in such cases to be attended for the most part with a company of rascals and basest sort of people of their nation , and all the rabble of them accustomed to thrust into the presence of the prince with their master , moved , that for the better safety of her majesties most royal person from peril of any desperate attempt of any of the said french , it would please those of this house of her highness privy council to procure that the said embassador might both be heard and also receive his answer at the hands of her majesties council , and in no wise to have access unto her highnesses person . m r vice-chamberlain shewed that at the last conference of the committees of this house with the lords , this matter was remembred and considered of amongst them ; and that the lord chamberlain and others at the court about her majesty were already appointed to take order for it accordingly . m r serjeant gawdie and m r attorney general do bring word from the lords , that where their lordships according to some former direction had purposed presently to have sent for this house to have attended their lordships for prorogation of this present parliament , their lordships being set , had sithence received letters of her majesty , by which her highness signified her pleasure to have the same parliament yet continued two or three days longer for certain weighty considerations moving her majesty thereunto , whereof their lordships commanded them to advertise this house ; and further to signifie unto this house , that their lordships had thereupon adjourned the said parliament in their house until friday next : and so then the said m r serjeant gawdie and m r attorney departed . which message being afterwards declared unto this house by m r speaker , this court was also adjourned until friday next in like manner . on friday the d day of december , upon a motion this day renewed on the behalf of the inhabitants of the borough of grantham in the county of lincolne , touching a writ brought against them by arthur hall esquire , whereby he demandeth wages of the said inhabitants for his service done for them in attendance at sundry parliaments , being elected and returned one of the burgesses of the said borough in the same parliaments ; for as much as it is alledged that the said arthur hall hath been heretofore disabled by this house to be at any time afterwards a member of this house ; and also that in some sessions of the same parliaments he hath neither been free of the corporation of the said borough , and in some other also hath not given any attendance in parliament at all ; it is ordered that the examination of the state of the cause be committed to the right honourable sir walter mildmay knight , one of her majesties most honourable privy council , chancellor of her highnesses court of exchequer , sir ralph sadler knight , one other of her majesties most honourable privy council and chancellor of her highnesses dutchy of lancaster , thomas cromwell , robart markham and robert wroth , esquires ; to the end that after due examination thereof by them had , if it shall so seem good to them ) they do thereupon move the lord chancellor on the behalf of this house , to stay the granting out of any attachment or other process against the said inhabitants for the said wages at the suit of the said arthur hall : and the said committees also to signify their proceedings therein to this house at the next sitting thereof accordingly . vide november . antea & . mar. . postea . m r serjeant gawdie and m r attorney general do bring word from the lords , that their lordships do desire that m r speaker and this whole house do presently repair unto their lordships into the higher house . which being then signified unto the house by m r speaker , all the house thereupon repaired thither presently accordingly . prorogued to the th day of february . but this parliament was not at this time prorogued , but only adjourned by the lords commissioners appointed upon saturday the th day of october foregoing ; and therefore m r fulk onslow at this time clerk of the house of commons is exceedingly mistaken in this place , and m r william onslow his kinsman who supplied his place in the next meeting of this parliament doth likewise erre in setting down the beginning or commencement of the said new meeting upon the foresaid th day of february being wednesday , where he stileth it a session of parliament holden by prorogation ; whereas it was neither new parliament nor new session , but a meer new meeting of one and the same parliament . and that these were two new meetings and not two sessions , it is most plain by the very words touching the adjournment thereof entred in the original journal-book of the upper house in manner and form following , viz. on friday the second of december commissionarii reginae adjournaverunt praesens parliamentum usque in decimum quintum diem februarii prox . secondly , there was not any one act that did pass at the end of this first meeting , which i conceive is an inseparable accident unto every session of parliament . thirdly and lastly , it is very plain that this adjournment was of the like nature and upon the like occasion with that in the last parliament in anno . reginae eliz. anno domini . viz. because christmass drawing near , the members of either house might have liberty to recede into their several countries for the better relief of the poor and maintenance of hospitality . and therefore whereas these two meetings are placed in the original journal-book of the house of commons very incongruously in two distinct and several journals , as if they had been two distinct and several sessions ; they are here rightly placed together , and so the passages of the said second meeting do now follow in due course and order . on wednesday the th day of february , ( to which day the parliament had been adjourned by the lords commissioners aforesaid on friday the d day of december foregoing ) the two houses met in their several places without any pomp or solemnity , this being ( as hath been before observed ) neither new parliament nor new session , but a mere new meeting of either house upon the said adjournment of the former meeting thereof , which began on the th day of october being saturday in anno reginae eliz. as is aforesaid . the knights , citizens and burgesses of the house of commons being set , m r serjeant puckering then speaker thereof , informed the house that m r fulk onslow clerk of the parliament was so weakned by sickness that he could not at this present exercise his place ; therefore he had appointed m r william onslow his knisman a member of this house here present to supply it ; and therefore asked their allowance , which they very willingly granted . the same time m r cromwell moved the house , for that at their petition her majesty had done justice upon the scottish queen to the greater safeguard of her majesties person and the whole realm , he thought it fit that her majesty might receive from them their humble thanks ; which motion was well liked , but at this time it proceeded no further . two bills had each of them one reading ; whereof the first was touching fines and recoveries before the justices of the common pleas ; and the second for limitation of time touching writs of error growing by fraud . the same day m r vice-chamberlain , commanded as ( he said ) by her majesty , moved the house , for that this parliament was not expected to hold at this time , many of the nobility being lieutenants in their countries , and others principal members of this house were absent , by occasion whereof those great weighty causes for which this parliament is called , cannot have such deep consultation as is fit ; therefore he thought it convenient to have an adjournment : and therefore to move the lords of the upper house for the liking thereof . which motion being well liked , m r vice-chamberlain and a convenient number of the house , so many as would without nomination , did attend him to the lords ; who upon his return from the lords made report , that they having considered of the motion , found the same want , and therefore yielded to an adjournment of the parliament until wednesday next , being the d day of this instant month of february , if this house would condescend unto it . unto which adjournment this house also yielded ; which consent m r vice-chamberlain did there presently signifie to the lords , and upon his return the house brake up . on wednesday the th day of february ( to which day the parliament had been last adjourned upon wednesday the th day of this instant february foregoing ) the house again sitting , the right honourable sir christopher hatton knight vice-chamberlain to her majesty and one of her majesties most honourable privy council used this speech in effect to the house , viz. that it was her majesties pleasure to have dangers disclosed , and to have the house know , that she thanked god for the goodness of the house , that she wished the session ( mistaken for meeting ) to be short , that men of government might go home for matter of government , hospitality and defence , and to take another time for making of laws , saving such as be now of necessity . the dangers which her majesty meaneth , proceed of ancient malice , and are to be prepared for , and god called upon for aid . the principal heads of the dangers : the catholicks abroad , the pope , the king of spain , the princes of the league , the papists at home and their ministers . the principal root hereof : the council of trent which agreed to extirp christian religion ( which they term heresie ) whereunto divers princes assented , and bound themselves in solemn manner . pope pius quint us sent her excommunication against her majesty , dr. mourton and mendoza a spanish ambassadour bestirred them , a northern rebellion was bred , the pope and the rest practised for the scottish queen , and she being acquainted proceeds by her means . pope paulus the thirteenth proceeds and sends jesuits and seminaries to england and ireland , and they proceed to inveagle the subjects , and disswade them from obedience . visko beginneth a rebellion in ireland . james fitz-morris furthereth the execution thereof . doctor sanders and desmond stir new rebellion there , and wrote into england , &c. parry was moved to kill her majesty , and perswaded it was meritorious . pope sixtus the fifth imitateth the other popes to execute their former devices , and writeth to the cardinal of lorain and guise , that he will overthrow the gospel ( which mr. vice-chamberlain honourably termed the glorious gospel ) and therefore moved them to join with the princes of the league , and to practise to win the king of scots , and to set up the scottish queen in england , and made his reckoning of the cantons that be popish , the switzers , the duke of savoy , the duke of ferrara , king of spain , and king of france . a chief instrument to work this , was one carew , called also father henry . he was sent into germany and over italy and france , wrote to the scottish queen that the powers will join to overthrow england , and make known the effect of his labour to the pope . invasion should have been made into england and ireland the last year , and not unlike to be attempted this year . the pope excommunicateth the king of navar . the pope accounteth not of popish preaching and perswasions that way ; but nevertheless moveth all to use the word , and for maintenance thereof spareth his treasure otherwise , and withdraweth maintenance from jesuits , seminaries : and divers others letters were found with the scottish queen , which prove all these to be true . if we serve almighty god in sincerity of heart , we need not to fear . it is to be remembred that the king of spain sought to recover some part of his fathers credit by using our treasure and force to get s t quintines ; but he soon made his advantage of it , and regarded not our territories in france , but suffered the loss of calice and all our territories ; and after the death of queen mary what he could . her majesty sought for his good will , sending the lord mountague , the lord cobham , sir thomas chamberlain knight , m r maun and others , and they were but hardly used , some of them were offered great indignity , and m r mauns son forced by strength to do a kind of penance . he comforted the queens enemies , he giveth colour of wars , he chargeth the queen that her subjects have aided his rebels in the low countries , with countenancing monsieur with money at cambray , with sending her nobility with him into the low countries , with the actions of sir francis drake , with assistance of the low countries . of the purpose of the combined princes . their shew is to deal with the king of navarr to extirp him , but their drift is to ruinate religion not only there , but to set upon and to work the ruine of it here also . wherein the king of spain and guise are now very busie . their malice is the more for executing the scottish queen , but their hope is the less . the king of spain his designments are to invade england and ireland . his preparation . three hundred sixty sail of spain . eighty gallies from venice and genoua . one galliass with six hundred armed men , from the duke of florence . twelve thousand men maintained by italy and the pope . six thousand by the spanish clergy . twelve thousand by his nobility and gentlemen of spain . it is reported that ten thousand of these be horsemen , i think it not all true , but something there is . we must look to the papists at home and abroad . it hath touched us in the blood of the nobility and the blood of many subjects . they practise to frame subjects against all duty , and bring in doctrine of lawfulness and merit to kill the queen , and have sent their instruments abroad to that purpose . two manner of forces are to be handled . assistance to the low countries , defence by force otherwise . that god may assist us in justice , in right , in defence against those princes . the assistance is acceptable that will be profitable . her majesty oweth relief there in honour , according to the leagues , especially between us and the house of burgundy : which leagues differ from leagues growing between prince and prince , for they grew between the people and this state. we are bound to help them in honour according to the leagues . many marriages and many secrecies have been long between us , and the relieving of the afflictions of that people may not be omitted . the heads of their miseries are : the spanish inquisition by placard , using strange tortures not to be suffered ; great impositions without and against law , sending some of their people into spain and there tyrannized over ; their noblemen done away ; taking their towns and setting tyrants over them to use them like dogs . the purpose was to bring the low countries into a monarchal seat , and then vae nobis . the queens dealing there is warranted by god ; the queen is occasioned of necessity for safety of her dominions and us , that that country may be preserved , that the english commodities may be vented there with readiness , with safety and with profit ; the recovery thereof will be good for this country and crown ; it may not be suffered that a neighbour should grow too strong ( he uttered that as though it were not meet another prince should have it ; for examples whereof he commended the princes of italy and especially the duke of florence for using that policy , henry the th for aiding the duke of brittany with eight thousand men rather than the king of france , after he had found great friendship of them both , that the king of france might not grow too strong . ) the king of spain seeketh to be yet greater , for he hath already a seat in council amongst the princes of germany by reason of territories his father got there ; and if he could , he would frame the low countries to his desire . as to the pretence of injuries before remembred : as to the first going over , her majesty misliked it , and punished some of the captains ( he named sir humfrey gilbert for one . ) concerning monsieur , the first time her majesty drew him from proceeding for the low countries ; the second time she consented that he should only assist the low countries , which monsieur afterwards abused contrary to her majesties meaning . concerning m r drakes first voyage , her majesty knew it not ; and when he came home , she seized the whole mass of substance brought by him to satisfie the king of spain ( if cause so required ) and thereupon desired certificate for invasion into ireland . concerning m r drake's last voyage it was to meet with the restraints and seisures in spain , and their purpose of war was thereupon discovered ; for there was found by the master of m r bonds ship who took the corrigedore , and others , a commission from the king of spain , whereby he termed us his rebels , as he termed the low countries . he then remembred another grievance not touched before , which was the entertaining of don anthony . which he answered to be done in honorable courtesie , because of his state , who was a king anointed and crowned , though his seat was not long untroubled , and coming hither in honourable and courteous manner , though something weakned , required the entertainment he had . then he iterated , that the great grief is religion , and said that all godly ones are bound to defend it . he then said , god endue us to fear him , and all things shall prosper . he said her majesty protesteth sincere service to god , and to leave the crown in peace , &c. commended her courage against their malice , esteeming it not less than the stoutest kings in europe . m r chancellor of the exchequer after m r vice-chamberlain his speeches ended , remembred some of the former , and inferred , and so concluded that the great preparations of war which was fit speedily to be thought of and provided , would grow chargeable ; and therefore thought it fit with expedition that the house should appoint a convenient number of the same to set down articles for a subsidy . whereupon are appointed committees for concluding and drawing of articles for the subsidy and other great causes , all the privy council being of this house , the first knight for every shire and others , who were appointed to meet in the exchequer chamber at two of the clock in the afternoon . one bill lastly , being for the better payment of debts and legacies by executors and administrators , was read the first time . on thursday the d day of february three bills of no great moment had each of them one reading ; of which the first being the bill against delay of execution in actions of debt was read the first time . the committees appointed for conference touching a loan or benevolence to be offered to her majesty are , m r francis bacon , m r edward lewkenor , and others . on friday the th day of february four bills of no great moment had each of them one reading ; of which the last being a bill to avoid many dangers touching records of fines levyed in the court of common pleas , was upon the second reading committed unto m r recorder of london , m r morrice , m r drew and others , and the bill was delivered to m r recorder , who with the rest was appointed to meet in serjeants-inn in fleetstrect on saturday next at two of the clock in the afternoon . sir thomas scot , sir henry knyvet , m r thomas knyvet and m r topclyffe are appointed by this house to search certain houses in westminster suspected of receiving and harbouring of jesuits , seminaries or of seditious and popish books and trumperies of superstition . on saturday the th day of february the bill for the limitation of time of errors growing by fraud had its second reading , and the committees appointed for the bill of fines and recoveries on the day foregoing are also appointed for this said bill to meet at serjeants-inn in fleetstreet at two of the clock in the afternoon , and the bill was delivered to m r recorder of london . two other bills also of no great moment had each of them one reading ; of which the last being the bill for attainder was upon the second reading committed to all the privy council of this house , sir henry knyvet , m r recorder of london , m r francis bacon , m r morrice and others , who were appointed to meet upon tuesday in the exchequer chamber at two of the clock . the bill delivered by m r speaker to the right honourable sir francis knowles . on munday the th day of february the house was informed by m r harris , that one william white had arrested m r martin a member of this house : therefore it is ordered by the house that the serjeant should warn white to be here to morrow sitting the court. vide plus de ista materia die sabbat , die o mar ' prox ' . two bills of no great moment had each of them one reading ; of which the first being the bill for delay of execution of justice by writs of error was committed unto m r sollicitor , sir henry knyvet , m r recorder , m r cromwell , m r dalton and others , and the bill was delivered to m r cromwell , and all these to meet on tuesday next at serjeants-inn hall in chancery lane at two of the clock in the afternoon . the same day m r cope , first using some speeches touching the necessity of a learned ministry and the amendment of things amiss in the ecclesiastical estate , offered to the house a bill , and a book written , the bill containing a petition that it might be enacted , that all laws now in force touching ecclesiastical government should be void : and that it might be enacted that that book of common prayer now offered and none other might be received into the church to be used . the book contained the form of prayer and administration of sacraments with divers rites and ceremonies to be used in the church , and desired that the book might be read . whereupon m r speaker in effect used this speech : for that her majesty before this time had commanded the house not to meddle with this matter , and that her majesty had promised to take order in those causes , he doubted not but to the good satisfaction of all her people ; he desired that it would please them to spare the reading of it . notwithstanding the house desired the reading of it . whereupon m r speaker willed the clerk to read it . and the court being ready to read it , m r dalton made a motion against the reading of it , saying , that it was not meet to be read , and that it did appoint a new form of administration of the sacraments and ceremonies of the church , to the discredit of the book of common prayer and of the whole state , and thought that this dealing would bring her majesties indignation against the house thus to enterprize the dealing with those things which her majesty especially had taken into her own charge and direction . whereupon m r lewkenor spake , shewing the necessity of preaching and of a learned ministry , and thought it very fit that the petition and book should he read . to this purpose spake m r hurleston and m r bainbrigg , and so the time being passed the house brake up , and the petition nor book read . this done her majesty sent to m r speaker as well for this petition and book , as for that other petition and book for the like effect , that was delivered the last session of parliament ; which m r speaker sent to her majesty . vide d mar ' and the th of mar. on tuesday the th day of february her majesty sent for m r speaker , by occasion whereof the house did not sit . on wednesday the first day of march m r wentworth delivered unto m r speaker certain articles , which contained questions touching the liberties of the house , and to some of which he was to answer , and desired they might be read . m r speaker required him to spare his motion until her majesties pleasure was further known touching the petition and book lately delivered into the house ; but m r wentworth would not be so satisfied , but required his articles might be read . then m r speaker said he would first peruse them , and then do that were fit . this is all that is found in the original journal-book of the house of commons touching this matter , and therefore in respect of the weight of it , having as i conceive a very authentick and true copy both of the speech and articles at large , i thought good to have them fully inserted in manner and form following , viz. m r speaker , for as much as such laws as god is to be honoured by , and that also such laws as our noble soveraign and this worthy realm of england are to be enriched , strengthened and preserved by from all foreign and domestick enemies and traytors , are to be made by this honourable council , i as one being moved and stirred up by all dutiful love , and desirous even for conscience sake and of a mind to set forwards god's glory , the wealth , strength and safety of our natural queen and commonweal , do earnestly desire by question to be satisfied of a few questions to be moved by you m r speaker , concerning the liberty of this honourable council ; for i do asture you , i praise my god for it , that i do find in my self a willing mind to deliver unto this honourable assembly some little taste and account of that simple talent which it hath pleased god of his singular favour and goodness to bestow upon me , to gain to his highness honour and glory , and to shew unto my noble prince and commonwealth true , faithful and dutiful service ; of the which mind i am sure m r speaker , here are many godly , faithful and true hearted gentlemen in this honorable assembly ; howbeit the want of knowledge and experience of the liberties of this honourable council doth hold and stay us back . for as we have a hearty desire to serve god , her majesty and this noble realm ; even so are we fearful and loth to give or offer any offence to her majesty or unto her laws ; the which we presume we shall not do if keep our selves within the circle of them , and no man can observe that whereof he is ignorant . wherefore i pray you m r speaker , eftsoons to move these few questions , by question , whereby every one of this house may know how far he may proceed in this honourable council in matters that concern the glory of god and our true and loyal service to our prince and state. for i am fully perswaded , that god cannot be honoured , neither our nobleprince or commonweal preserved or maintained without free speech and consultation of this honourable council , both which consist upon the liberties of this honourable council , and the knowledge of them also . so here are the questions , m r speaker ; i humbly and heartily beseech you to give them reading , and god grant us true and faithful hearts in answering of them ; for the true , faithful and hearty service of our merciful god , our lawful prince and this whole and worthy realm of england will much consist hereafter upon the answer unto these questions . wherefore it behoveth us to use wise , grave and godly considerations in answering of them . therefore the lord direct our tongues that we may answer them even with his spirit , the spirit of wisdom , without the which our wisdom is nothing else but foolishness . the questions follow . whether this council be not a place for any member of the same here assembled freely and without controllment of any person or danger of laws , by bill or speech to utter any of the griefs of this commonwealth whatsoever touching the service of god , the safety of the prince and this noble realm . whether that great honour may be done unto god , and benefit and service unto the prince and state without free speech in this council , which may be done with it . whether there be any council which can make , add to or diminish from the laws of the realm , but only this council of parliament . whether it be not against the orders of this council to make any secret or matter of weight , which is here in hand , known to the prince or any other , concerning the high service of god , prince or state , without the consent of the house . whether the speaker or any other may interrupt any member of this council in his speech used in this house , tending to any of the forenamed high services . whether the speaker may rise when he will , any matter being propounded , without consent of the house or not . whether the speaker may over-rule the house in any matter or cause there in question ; or whether he is to be ruled or over-ruled in any matter or not . whether the prince and state can continue , stand and be maintained without this council of parliament , not altering the government of the state. at the end lastly , of the said speech and questions is set down this short note or memorial ensuing . by which it may be perceived both what serjeant puckering the speaker did with the said questions after he had received them , and what became also of this business , viz. these questions m r puckering pocketted up and shewed sir thomas heneage , who so handled the matter , that m r wentworth went to the tower , and the questions not at all moved . m r buckler of essex herein brake his faith in forsaking the matter , &c. and no more was done . after the setting down of the said business of m r wentworth in the original journal-book , there followeth only this short conclusion of the business of the day it self , viz. this day m r speaker being sent for to the queens majesty , the house departed . on thursday the d day of march m r cope , m r lewkenor , m r hurlston and m r bainbrigg were sent for to my lord chancellor , and by divers of the privy council , and from thence were sent to the tower. vid. febr. . antea . the bill for explanation of the law touching fines and recoveries levied before the justices of the common pleas , whereunto they or any of them be parties , was read the third time and passed upon the question . it is ordered , that all the committees appointed before to meet about the bill for the delay of execution of justice , shall meet about the same to morrow in the forenoon above in the room of this house in the time of the reading of the subsidy . see these committees names on munday the th day of february foregoing . three bills of no great moment had each of them one reading ; of which the last being the bill for continuance of statutes was read the first time . the bill last past touching fines and recoveries , &c. was sent up to the lords by m r treasurer and others . a proviso offered by m r recorder of london to be inserted in the subsidy for saving the liberties of the officers of the mint , had its first reading . on friday the third day of march four bills of no great moment had each of them one reading ; of which the last being the bill against the abuses of purveyors was read the second time , and committed unto all the privy council of this house , sir john cutts , sir william moore , sir thomas scott and others , and the bill was delivered to m r chancellor , who with the rest was appointed to meet to morrow in the afternoon at two of the clock in the exchequer chamber . on saturday the th day of march sir john higham made a motion to this house , for that diverse good and necessary members thereof were taken from them , that it would please them to be humble petitioners to her majesty for the restitution of them again to the house . to which speeches m r vice-chamberlain answered , that if the gentlemen were committed for matter within the compass of the priviledge of this house , then there might be a petition ; but if not , then we should give occasion of her majesties farther displeasure : and therefore advised to stay until they heard more , which could not be long : and further he said touching the book and the petition , her majesty had for diverse good causes best known to her self thought fit to suppress the same , without any further examination thereof ; and yet conceived it very unfit for her majesty to give any account of her doings . this book and petition touching the ecclesiastical government and for reformation of matters in the church were delivered to the clerk of the parliament or the speaker by m r cope on munday the th day of february foregoing , who with m r lewkenor , m r hurlston and m r bainbridgg spake in the commendation of them , and desired they might be read . whereupon the said m r cope with the other three were on thursday the second day of this instant march foregoing sent unto the tower , and for the setting them at liberty it was that sir john higham made the motion foregoing ; which m r vice-chamberlain did answer with this supposition only , that they might perhaps be committed for somewhat that concerned not the business or priviledge of the house . but whatsoever he pretended , it is most probable they were committed for intermedling with matters touching the church , which her majesty had so often inhibited , and which had caused so much disputation and so many meetings between the two houses , the last parliament in anno reginae eliz. anno domini . vide mar. sequentem . a motion made by m r speaker to the house for giving leave to m r dillington a member of this house to depart into his country for his service there , which was then granted . the bill for regrators of barley had its second reading , and a proviso to the same bill presently after that was twice read , and the bill was committed unto sir henry cock , m r salkington , m r alford , m r aldersey and others ; and the bill and proviso was delivered to the said henry cock , who with the rest was appointed to meet upon monday next in the afternoon in the guild hall. on munday the th day of march the bill for continuance of statutes with the proviso was read the second time , and committed unto all the privy council of this house , m r sollicitor , sir william moore , sir thomas browne and others , who were appointed to meet to morrow in the afternoon in the exchequer chamber . the bill for orford-haven was upon the second reading committed unto sir robert jermin and others to meet to morrow at the guild hall. the bill for bringing in of fish into this realm was upon the second reading committed unto m r recorder , m r sandes , m r grice , m r dalton , the burgesses of the cinque-ports and others , who were appointed to meet to morrow in the afternoon at the guild hall , and the committees also for the bill of ingrossers to meet at the same time and place . mr. chancellor of the exchequer moved , that the bill for the purveyors should be further considered by the committees this afternoon in the exchequer chamber ; and further he moved , that the committees would at the same time and place meet for the further consideration of the benevolence that was offered to her majesty , in respect of the great charges her majesty is to sustain in the low countries . mr. gresham hath licence to depart into his country . this day william white was brought into the house to answer his contempt for arresting of mr. martin a member of this house ; who answered , that he caused him to be arrested the d day of january which was above fourteen days before the beginning of the parliament . the house ordered that the precedents should be sought , and thereupon proceeding should be had according to the direction of the house , and referred to the report of mr. morrice , mr. recorder , mr. cromwell and mr. alford . on tuesday the th day of march , the bill for the subsidy was read the third time ; and before the rising of the house this morning was sent up to the lords by mr. treasurer and others . the bill for the attainders was brought in again by the committees , with a proviso for m r inglefeild . item another proviso for the lord lumley . the bill was brought in again by the commit tees for purveyors with amendments , which bill with the amendments was upon the second reading committed to be ingrossed . the bill for restraint of horse-stealing and other beasts , sent from the lords by m r serjeant gawdie and mr. attorney , had its first reading , and was delivered to mr. morrice . it is ordered , that edward fisher now remaining prisoner in the fleet , shall be brought to this house to morrow , to answer such things as shall be objected against him . vide on thursday the th of march following . mr. stoverd burgess for woodstock hath leave to depart about his necessary business . sir thomas scott and his son have leave to depart . on wednesday the th day of march mr. stoughton and mr. wallop had licence from the house to depart . three bills of no great moment had each of them their first reading ; of which the first was a bill for the true performance of the last will of sir james harvey . the bill for confirmation of attainders brought in again by the committees , and now again upon divers reasons upon the reservations committed to the former committees , and all that will may come to the committees . vide the said committees on saturday the th day of february foregoing . the said committees to meet this afternoon in the exchequer chamber . this day the bill for orford-haven was brought in again by the committees . nota , there was a former bill for orford-haven in the county of suffolk read in the first meeting of this parliament , and committed on monday the th day of november last past ; which it seemeth being disliked by the said committees was rejected , and a new bill brought in again this second meeting of the same upon friday the th day of february foregoing , and lastly committed again after the second reading upon monday the th day of this instant march last past . upon a motion made by sir john higham , that it were convenient to have the amendment of some things whereunto ministers are required to be sworn , and that some good course might be taken to have a learned ministry ; it was thought sit that some convenient number of this house might be appointed to confer upon some reasonable motion to be made unto her majesty for redress in these things . whereupon these persons ensuing were appointed , viz. all the privy council of the house , sir john higham , mr. sollicitor , mr. recorder , mr. dr. lluen , sir henry cock , sir robert jermin , mr. doctor cosins , sir thomas browne , mr. brograve , mr. beale , mr. fortescue , mr. richard browne , sir william moore , the master of the requests , mr. wroth , mr. morrice , mr. conisby , mr. tasborough , mr. fanshaw , mr. hastings , sir richard knightley , mr. bronker , mr. amersham , mr. hearly , mr. francis baker , mr. stanhop , sir walter rawleigh , mr. saunders , mr. thomas farmer and mr. william fleetwood . thomas stampe esquire one of the burgesses for wallingford in the county of berks , is licensed by mr. speaker to be absent for his necessary affairs . on thursday the th day of march thomas hudson esquire burgess for the town of barnstable in the county of devon ' , is for his necessary affairs licensed to depart also for the service of her majesty , to be imployed in causes of musters with the earl of bath her majesties lieutenant of the said county . the bill for orford-haven with the amendments brought in by the committees , was by the house ordered to be ingrossed . two bills also had each of them one reading ; of which the last being the bill for fines was read the second time and committed with the bill for errors in fines unto mr. serjeant snagg , m r sollicitor , mr. lewkenor and others , to meet this afternoon at two of the clock at serjeants-inn hall in chancery-lane . the bill for confirmation of attainders was brought in again by the committees , with the addition , which being twice read was ordered by the house to be ingrossed . vide the said committees on saturday the th day of february foregoing . this day edward fisher by vertue of her majesties writ was brought into the house to answer divers his misdemeanors , as well for indirectly taking away as imbezelling certain evidences remaining in a cubbard which was locked and sealed up by mr. recorder and others . vide on tuesday the th day of this instant march foregoing . the bill for fish , brought into this house again by the committees , was twice read , and committed unto mr. serjeant snagg , mr. morrice , mr. attorney of the dutchy , mr. recorder and others , who were appointed to meet this afternoon in serjeants-inn in chancery-lane at two of the clock . here it seemeth , mr. william onslow , who by the licence of the house supplied the place of mr. fulk onslow his kinsman , clerk of the same , at this meeting , is much mistaken in setting down this commitment ; for the bill it self was formerly twice read , and according to the usual course committed upon the second reading to mr. recorder of london , mr. sandes and others on monday the th day of march , and therefore doubtless this was either a new bill brought in by the said committees , or else some new additions and amendments inserted into the old bill , which had this day their first and second reading , and thereupon again committed unto some of the old committees and others . vide plus die sequente . two bills had each of them one reading ; of which the last being the bill for the payment of sir gerrard croker knight his debts , was ( upon the second reading ) committed unto mr. alford , sir thomas browne , mr. thomas harris , mr. john ingleseild , and others . on friday the th day of march the bill for estretford was read the second time , and committed unto mr. markham , mr. topclyffe , mr. savil and others , who were appointed to meet to morrow in the afternoon in the middle temple hall. four bills of no great moment had each of them one reading ; of which the second being the bill for stealing of horses and other cattel and beasts was upon the second reading committed unto sir william moore , mr. sands , mr. wroth and others , who were appointed to meet to morrow in the committee chamber . the bill for bringing in of fish was brought in again by the committees ; by which it is most probable that there was a new bill brought in yesterday , which was twice read at one and the same time and then committed . the bill for sir gerrard crokers payment of his debts was brought in again by the committees and amended . on saturday the th day of march the bill against fraudulent conveyances by fugitives was read the first time . the bill for the payment of sir gerrard crokers debts was brought in again by the committees , and committed to be ingrossed . three bills being passed the house were sent up to the lords ; whereof the two last were the bill for the great abuses of purveyors , and the bill for the confirmation of the attainders of the late lord pagett and others . a motion being made by mr. treasurer for the matter of benevolence for the charges to be supplied in the low countries , whether that this house should only deal in it without the lords , or else that they should make the lords privy to it and join with them ; it was thought good by the house to join with the lords in the same cause , and commit it unto these persons , viz. all the privy council of this house , sir thomas browne , mr. sollicitor , sir robert jermin , sir john heigham , master of the requests , mr. francis hastings , mr. sands , mr. topclyffe and others . vide diem saturn . . diem mar. this day a new bill was brought in again for the payment of edward fishers debts by the committees , and therefore the new was twice read , and committed to be ingrossed . nota , that a bill to this purpose was in great agitation the last parliament de anno reginae eliz. anno domini . the bill for confirmation of letters patents was upon the second reading committed unto all the privy council of this house , mr. sands , mr. sollicitor and others , and the bill was delivered to mr. vice-chamberlain . this day the committees made report of the priviledge of mr. martin a member of this house arrested upon mean process by white above twenty days before the beginning of this parliament holden by prorogation ( mistaken for adjournment ) and in respect that the house was divided about it in opinion , mr. speaker with the consent of the house , the sooner to grow to some certainty of the judgment of the house in this cause , moved these questions to the house , viz. first , whether they would limit a time certain or a reasonable time to any member of the house for his priviledge . the house answered a convenient time . secondly , whether mr. martin was arrested within this reasonable time . the house answered yea . thirdly , if white should be punished for arresting martin . the house answered no , because the arrest was twenty days before the beginning of the parliament , and unknown to him that would be taken for reasonable time . but the principal cause why martin had his priviledge was , for that white the last session ( mistaken for meeting ) of parliament arrested mr. martin , and then knowing him to be returned a burgess for this house discharged his arrest : and then afterwards mr. martin again returning out of his country to london to serve in this house , mr. white did again arrest him , and therefore this house took in evil part against him his second arrest , and thereupon judged that martin should be discharged of his second arrest out of the fleet by the said mr. white . vide febr. monday . the bill to avoid fraudulent assurances made in certain cases by traytors , was sent down from the lords to the house of commons by dr. ford and serjeant gawdie . nota , that this bill is not mentioned to have been sent down from the lords to the house of commons , which as it should seem happened through the negligence of mr. william onslow , who at this time supply'd the place of the clerk of the said house . and therefore it is supplied out of the original journal-book of the upper house . on monday the th day of march , two bills had each of them one reading ; of which the second being the bill against fraudulent conveyances by fugitives was read the second time , and committed unto mr. sollicitor , mr. recorder of london , mr. sands and others , and the bill was delivered to mr. hughes of grayes-inn , who with the rest was appointed to meet at lincolns-inn this afternoon . the bill for fish was brought in by the committees and ordered to be ingrosted . vide concerning this bill on thursday the th day , and on friday the th day of this instant march foregoing . the bills against delay of execution by suing writs of error was read the second time upon the new bringing in of it by the committees , and upon the question was ordered to be ingrossed . the bill for payment of edward fishers debts was read the third time , and passed upon the question . a motion was made by mr. cromwell to have some conference with the privy council of this house and some others of the same , concerning those gentlemen members of this house lately committed to the tower. whereupon these were appointed , viz. all the privy council of this house , sir robert jermin , sir john higham , sir thomas brown , sir william moore , mr. francis hastings , mr. cromwell , sir john harrington , mr. recorder , mr. beal . these members of the house touching whose commitment mr. cromwell moveth , were sent unto the tower on thursday the d day of this instant march foregoing ; for whose liberty sir john higham had also moved before on saturday the th day of the same month last past . the bill for errors in records of attainders was read the second time with the amendments , and upon the motion was ordered to be ingrossed . on tuesday the th day of march the bill for confirmation of the subsidy granted by the clergy was thrice read , and passed upon the question . the bill against buying of wares by strangers was upon the second reading committed unto mr aldersey , m r saunders , m r harris and others , who were appointed to meet upon tuesday next in serjeants-inn hall in chancery lane. the bill for curriers was read the second time and committed to the committees aforesaid , and to mr. recorder , mr. beale , mr. salkingston , and others , and the bill was delivered to mr. salkingston . the bill for fraudulent conveyances by traytors was upon the second reading committed unto mr. sollicitor , mr. harris , mr. wroth , mr. conisbie , and others , and the bill was delivered to mr. chancellor of the exchequer one of the said committees , who with the rest was appointed to meet in the exchequer chamber this afternoon . the bill for payment of sir gerrard croker his debts was brought in again by the committees being amended , after the same was ingrossed and passed upon the question . the bill for horse-stealing was read the third time with the amendments and additions , and dashed upon the question . mr. attorney and mr. doctor carew do bring from the lords two bills ; of which the first was for the sale of thomas hanfords lands . three bill of no great moment had each of them one reading ; of which the last being an act for the more speedy and due execution of certain branches of the statute of . of her majesty , to keep her majesties subjects in due obedience , was read the first time . two bills were sent up to the lords from the house of commons ; whereof the first was the bill for the subsidy of the clergy . nota , that there is no mention made of the sending up of these two bills in the journal-book of the house of commons , which happened through the negligence of m r william onslow at this time supplying the place of the clerk of that house , and therefore it is supplyed out of the original journal-book of the upper house . on wednesday the th day of march two bills of no great moment had each of them their first reading ; whereof the first was the bill of fines for abridging proclamations . the bill for payment of hanfords debts was twice read , and committed unto mr. morrice , mr. cromwell , mr. sollicitor , mr. comptroller and others , and the bill was delivered to mr. comptroller . the bill for delay of execution in writs of errors was thrice read and upon some arguments upon the bill again committed unto mr. vice-chamberlain , mr. chancellor , mr. wolley , mr. cromwell and others , who were appointed to meet this afternoon in the exchequer chamber . nota. that this bill was committed after the second reading upon monday the th day of february foregoing , and now again ( as it seemeth ) upon the third reading ( which is not usual ) by reason of some dispute that rose about it . two bills were sent up to the lords this day ; of which the first was touching errors in records of attainders of high treason , and the second for repealing of a statute touching fish made in anno reginae eliz. the sending up of these two bills is not at all mentioned in the journal-book of the house of commons , which happened in this place as in divers others of this second meeting of this present parliament , through the inexperience and negligence of mr. william onslow , who supplied the place of mr. fulk onslow clerk of the said house , being detained from thence by sickness , and therefore it is supplyed out of the original journal-book of the upper house . on thursday the th day of march the bill for recusants was upon the second reading committed unto all the privy council of this house , sir robert jermin , sir john higham , sir william moore and others , who were appointed to meet this afternoon in the exchequer chamber . the bill against delay of execution by writs of error being put to the question upon the third reading , by the division of the house the same was dashed . the bill for to take away one proviso made o of the queen for deeds , grants , &c. was dashed upon the question ; but after what reading it was dashed , it doth not appear ; yet it is probable it was upon the second reading , it having been read the first time upon the wednesday immediately foregoing . the bill for confirmation of leters patents from her majesty under the great seal of england , &c. was twice read and committed to be ingrossed . the bill for making of cloths in suffolk was upon the second reading committed unto sir robert jermin , sir john higham , sir william moore , mr. cromwell and others ; and the bill was delivered to sir robert jermin , who with the rest was appointed to meet to morrow in the afternoon in the guildhall . m r edward penruddock , m r sprynt , m r richard lewkenor , and m r gyles estcourt have leave to depart ; but upon what reasons or grounds the house gave them leave is very negligently omitted . on friday the th day of march the bill for fines with proclamation was upon the second reading committed to be ingrossed . the bill for avenon was upon the second reading committed to m r vice-chamberlain , m r chancellor , m r woolley , sir robert jermin , and others , who were appointed to meet to morrow in the afternoon in the exchequer-chamber . a proviso added to the bill of fines was twice read , and ordered to be ingrossed . the bill for errors in fines brought in by the committees with the amendments was twice read , and committed to be ingrossed . a saving to hanford's bill was twice read , and committed to the former committees . the bill brought in again by the committees against recusants with a proviso and amendments also twice read . the bill for continuance of statutes was read the third time , and passed not upon the question . a proviso also added to the same bill , that no person shall put in sureties upon any information was twice read , and committed unto mr. recorder , mr. glanvile , mr. harris , mr. wroth , mr. philipps , mr. morley , mr. fansham , mr. hare , and mr. jones , who were appointed to meet at the middle temple hall this afternoon at four of the clock . nota , that it is not expressed in the original journal-book whether this bill passed upon the third reading or not , but it is most probable that the house did defer to give their assent unto it , until the foresaid proviso should likewise have its third reading : and that which further confirms the not passing of it at this time is , because upon monday the th day of this instant march following divers committees were appointed to go up unto the lords , and to confer with them about this said bill . sir george hastings hath pardon of his absence this parliament . two bills had each of them one reading ; of which the last being a bill against extortion of sheriffs was twice read , and committed unto m r philips , mr. harris , mr. wroth , mr. cromwell and others , who were appointed to meet in the afternoon in the middle-temple hall. on saturday the th day of march , four bills of no great moment had each of them one reading ; of which the last being the bill for recusants with the proviso , was read the third time and passed upon the question . mr. speaker declared to the house from her majesty , that she thanked god , understanding of their great love unto her in regard of her charges sustained in the low-countries , and that her majesty was contented this afternoon that some convenient number of them should have audience before her majesty . whereupon these persons were appointed by the house , all the privy-council of this house , sir robert jermin , sir john higham , sir henry cock , sir thomas browne , mr. fortefoue master of the requests , sir john peter , sir william moore , mr. wroth , mr. tasborough , mr. markham , mr. revel and mr. george moore . vide concerning this business on saturday the th day of this instant march foregoing . the proviso that persons arrested by informers may appear by attornies was read the third time , and passed upon the question . mr. wingfield was brought into this house to answer his misdemeanor against mr. walton a member of this house , for that , as walton informed , mr. wingfield did offer to draw his weapon upon him and gave evil language , which mr. wingfield denied , and said , for that his brother ..... was slain by ..... of walton , and walton being an accessary to that murther , he said he could not well take it , and knew not what might happen . whereupon mr. speaker exhorted him to remit all that was past , seeing that he had taken the course of law for his brothers death ; unto which exhortation mr. wingfield yielded , and so was discharged . the bill for payment of fishers debts was sent from the lords with a proviso and amendments , which were thrice read and assented unto by the house upon the question . two bills were brought up to the lords from the house of commons ; the first touching exemplifications and constats of original conveyances made to the queens majesty , and the second for limitation of time touching writs of error upon fines and recoveries . the sending up of these two bills is not at all mentioned in the journal-book of the house of commons , which happened in this place , as in divers others of this second meeting of this present parliament , through the inexperience and negligence of mr. william onslow who supplied the place of mr. fulk onslow clerk of the said house , being detained from thence by sickness , and therefore it is supplied out of the original journal-book of the upper house . on monday the th day of march , three bills of no great moment did each of them pass upon the question after the third reading ; of which the first was the bill to prevent extortion in sheriffs and under-sheriffs , &c. for executions . the house appointed divers to go up to the lords to confer with them about the bill for continuance of statutes , who were as followeth ; mr. chancellor of the exchequer , mr. attorney of the wards , mr. morrice , mr. saunders , sir william moore , mr. cromwell , mr. hare , and mr. francis bacon . vide concerning this bill on friday the th day of this instant march foregoing . the old committees ( appointed on wednesday the th day of this instant march foregoing ) in the bill for the payment of hanfords debts , were to meet this afternoon in the middle-temple hall ; and the bill which came from the lords , and the new bill drawn by the said hanford ( which was once read ) were both delivered to m r comptroller , being one of the said former committees . six bills were sent up to the lords ; the first touching the sale of edward fishers lands ; the second for the more speedy and due execution of certain branches of the statute made in the twenty third year of the queens majesties reign , intituled an act to retain the queens majesties subjects in their due obedience ; the third for continuance of statutes ; the fourth to prevent extortion in sheriffs , under-sheriffs , &c. the fifth for abridging of proclamations to be made upon fines levied in the court of common pleas ; and the sixth to avoid fraudulent assurances made in certain cases with a proviso annexed and amendments . nota , that the sending up of these six bills is not at all mentioned in the journal-book of the house of commons , and therefore it is supplied out of the original journal-book of the upper house . on tuesday the th day of march , the bill for exemplifying letters patents was read the third time , and passed upon the question . the bill new brought in for the payment of hanfords debts , he himself being present assented to it , and did subscribe every leaf with his own hand ; whereupon the bill was read twice , and ordered to be ingrossed . the bill to avoid fraudulent conveyances made in certain cases by traytors , was sent down from the lords to the house of commons . two bills also of no great moment were sent up from the said house to the lords . the sending up of these two bills to the lords , or the sending down the first bill to the commons is very negligently omitted in the original journal-book of the house of commons , and are therefore inserted ( as the like was done yesterday and upon divers other dayes ) out of the original journal-book of the upper house . the bill for payment of hanfords debts was read the third time , and passed upon the question . the bill for breeding of horses in the wast grounds of devon and cornwall , was read the second time . a proviso offered by mr. conisbie to be inserted into the same bill ; which being read , the bill and the proviso were dashed upon the question , whether they should be ingrossed or no. the bill for the continuance and perfecting of divers statutes was sent from the lords to the house of commons by serjeant gawdie and doctor carew . a new bill also for the sale of thomas hanfords lands was sent up to the lords ( as it should seem ) by mr. treasurer and others . the mutual sending of these two bills from either house to other , is very negligently omitted in the original journal-book of the house of commons , and is therefore inserted out of the original journal-book of the upper house . an order delivered by m r cromwell entred by consent of the house . whereas upon complaint made to this house ( upon monday the th day of november in the first meeting of this present parliament ) on the behalf of the borough of grantham in the country of lincoln , against arthur hall gentleman , that the said arthur hall had commenced suits against them for wages by him demanded of the said borough , as one of the burgesses of the parliament in the sessions of parliament holden the thirteenth , fourteenth , eighteenth and twenty third years of the reign of our soveraign lady the queens majesty , wherein it was alledged that the said borough ought not to be charged as well in respect of the negligent attendance of the said mr. hall at the said sessions of parliament and some other offences by him committed at some of the said sessions , as also in respect that he had made promise not to require any such wages ; the examination of the said cause on the second day of december in the last session ( mistaken for meeting ) of this parliament by order of this house was committed unto sir ralph sadler knight chancellor of the dutchy , sir walter mildmay knight chancellor of the exchequer , thomas cromwell , robert markham and robert wroth esquires ; this day report was made by the said committees that not having time during the last session of parliament ( mistaken for meeting ) to examine the circumstances of the cause , they had in the mean season by their letters advertised my lord chancellor , that the said cause was committed unto them , and humbly requested his lordship to stay the issuing forth of any further process against the said borough until this session of parliament ( mistaken for meeting ) , which accordingly his lordship had very honourably performed . and the said committees did further declare , that having , during this session of parliament ( mistaken for meeting ) sent for mr. hall , declared unto him the effect of the complaint against him , they had desired him to remit the said wages which he had demanded of the said borough , whom they found very conformable to condescend to such their request ; and that the said mr. hall then affirmed unto them , that if the said citizens of the said borough would have made suit unto him , he would upon such their own suit then remitted the same , so was he very willing to do any thing which might be grateful to this house , and did freely and frankly remit the same ; which being well liked of by this house , it was by them this day ordered that the same should be entred accordingly . on thursday the th day of march the bill for the queens majesties most gracious general and free pardon was sent down from the lords by serjeant gawdie and doctor carew , which having passed the house was sent back again this morning unto their lordships , with another bill which was for the continuance and perfecting of divers statutes . this day finally the speaker with the rest of the house of commons being sent for into the upper house , and thereupon repairing thither , two commissions under the great seal were read ; by the first of which her majesty being absent gave her royal assent to ten several acts or statutes which passed at this time , and by the other this parliament was dissolved . nota , that all this days passages are supplied out of the upper house journal . the journal of the house of lords . an exact and perfect journal of the passages of the house of lords , in the parliament holden at westminster , anno reginae eliz. anno domini . which began there ( after one prorogation of the same ) on tuesday the th day of february , and then and there continued until the dissolution thereof on saturday the th day of march , anno domini . the queens majesty , soon after that her wonderful and glorious victory which god almighty had given her navy over that vainly stiled invincible armado sent against her realm of england by the spanish king , summoned this her high court of parliament to begin on tuesday the th day of november that present year . and the th year of her reign , that so by common advice and counsel she might prepare and provide against the inbred malice of that prince and nation , sir christopher hatton knight her majesties late vice-chamberlain , being made lord chancellor in the room and stead of sir thomas bromley knight , who having been sick a great part of the last parliament dyed in april following anno regin . eliz. anno domini . but other occasions of some importance requiring the deferring of the said assembly , her majesty prorogued the same in manner and form following . memorandum , that whereas the queens majesty by her writ summoned her parliament to begin and to be holden at westminster this present tuesday being the th day of november , her highness for certain great and weighty causes and considerations her majesty specially moving , by the advice of her privy council and of her justices of both her benches and other of her council learned , did prorogue and adjourn the said parliament until the th day of february next , by virtue of her writ patent sealed with the great seal , and bearing date the th day of october last past . whereupon at this said th day of november the archbishop of canterbury , sir christopher hatton lord chancellor , william lord burleigh lord treasurer , the earl of huntingdon , the bishop of london and three other barons repaired to the parliament-chamber commonly called the upper house , and there in the presence of the knights , citizens and burgesses summoned to the said parliament declared , that her highness for divers good causes and considerations her specially moving , by her highnesses said writ had prorogued the said parliament from this said first summoned day until the th day of february next . whereupon the writ for the said prorogation in the presence of all that assembly was openly read by the clerk of the upper house in haec verba . elizabetha dei gratiâ angliae , franciae & hiberniae regina , fidei defensor , &c. praedilectis & fidelibus nostris praelatis , magnatibus & proceribus regni nostri angliae , ac dilectis & fidelibus nostris militibus , civibus & burgensibus dicti regni nostri ad praesens parliamentum nostrum apud civitatem nostram westmonasterii die novembris proximè futuro inchoand ' & tenend ' convocatis & electis , & vestrum cuilibet salutem . cùm nos pro quibusdam ardnis & urgentibus negotiis , nos , statum & defensionem dicti regni nostri angliae & ecclesiae anglicanae concernentibus dictum parliamentum nostrum ad diem & locum praedictos teneri ordinaverimus , ac vobis per separalia brevia nostra apud civitatem & diem praedictum interesse mandaverimus ad tractand . consentiend . & concludend ' super hiis quae in dicto parliamento nostro tunc & ibidem proponerentur & tractarentur ; quibusdam tamen certis de causis & considerationibus nos ad hoc specialiter moventibus dictum parliamentum nostrum nsque ad & in quartum diem februarii prox ' futurum duximus prorogand . ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem novembris apud civitatem praedictam comparere teneamini seu arctemini , volumus enim vos & quemlibet vestrum erga nos penitus exonerari . mandantes & tenore praesentium firmiter injungendo praecipientes vobis & cuilibet vestrum & omnibus aliis quibus in hac parte intererit , quòd ad dictum quartum diem februarii apud praedictam civitatem westmonasterii personaliter compareatis & intersitis , & quilibet vestrum compareat & intersit ad tractand faciend . agend . & concludend . super hiis quae in dicto parliamento nostro de communi concilio dicti regni nostri favente domino contigerint , ordinari . in cujus rei testimonium has literas nostras fieri fecimus patentes . teste meipsa apud westmonasterium . die octobris anno regni nostri . per ipsam reginam ha. gerrard . on tuesday the th day of february in the . year of her majesties reign , to which day the parliament had been last prorogued upon tuesday the th day of november foregoing , and accordingly now held , the queens majesty was personally present , accompanied by the lord chancellor and divers of the lords both spiritual and temporal ; but the original journal-book of the upper house doth not at all mention the presence of any lords , which happened through the great negligence of m r anthony mason at this time clerk thereof , yet it may be collected february . the queen being set under her cloth of state , and the lords placed in their parliamentary robes according to their several ranks and orders , the knights , citizens , barons and burgesses of the house of commons had notice thereof , and thereupon repaired to the said upper house , and as many of them as conveniently could being let in , stood before the rail or bar at the nether end thereof . then sir christoper hatton knight lord chancellor of england , in a speech which he used , did at large declare the queens gracious disposition to peace , and her great wisdom in preserving the same and singular government of the realm . next he shewed the great benefit which this kingdom enjoyed by her government , and remembred her great conquest over the spanish late wonderful army or fleet on the seas , videlicet in anno reign . eliz. anno domini . he further declared how much the king of spain remained bent against this kingdom . and lastly , shewed the cause of calling this parliament to be , that by the consent of the most grave and wise persons now called together out of all parts of the realm , preparation may as far forth by the counsel of man as is possible , be made and provided , that arms , souldiers and money may be in readiness ; and an army prepared and furnished against all events . the lord chancellors speech being ended , the clerk of the parliament read the names of the receivors and triors of petitions in french , according to the usual form , which were these . receivors of petitions for england , ireland , wales and scotland , sir christopher wray chief justice , sir gilbert gerrard knight master of the rolls , sir robert shute one of the justices of kings bench , d r aubrey and d r ford. receivors of petitions for gascoigne and other countries beyond the seas and the isles , sir edmond anderson chief justice of the common pleas , sir roger manwood chief baron , francis windham one of the justices of the common pleas , d r clerk and d r cary. tryors of petitions for england , ireland , wales and scotland , the archbishop of canterbury , the earl of darby , the earl of worcester , the earl of sussex , the bishop of london , the bishop of winchester , the lord howard of effingham lord admiral , lord cobham , the lord grey of wilton . tryors of petitions for gascoigne and for other countries beyond the seas and the islands . the earl of oxford great chamberlain of england , the earl of warwick , the earl of pembrook , the bishop of salisbury , the bishop of lincoln , the bishop of rochester , the lord hunsdon lord chamberlain to the queen , the lord lumley and the lord buckhurst . as soon as the clerk of the parliament had read these names , and had likewise ended other things of course belonging unto them , viz. that the first tryors of england , &c. or any four of them , calling unto them the lord chancellor and the lord treasurer and also the queens serjeants , should at their leisure meet together in the chamberlains chamber , and that the last tryors of gascoigne , &c. or any four of them , calling unto them the queens serjeants , the queens attorney and sollicitor , should hold their place when their leisure did serve them to meet in the treasurers chamber . then the queen continued the parliament unto a day to come , which is entred in the original journal-book of the upper house in manner and form following ; viz. ipsa regina continuavit praesens parliamentum usque in diem jovis prox ' hora secunda post meridiem . on wednesday the th day of this instant february , although the upper house sate not , yet was one extraordinary proxy returned or brought in unto the clerk of the said house , as there had formerly been another of a like nature returned on monday the third day of the said month foregoing , which because it was returned before the parliament it self began , and is entred together with that before mentioned in the beginning of the original journal-book of the said house , it shall not be much amiss to set them down both together in this place , in such manner and form as they are entred in the said journal-book , viz. vacat . . die februarii introductae sunt literae procuratoriae willielmi assaphen ' episcopi , in quibus procuratores suos constituit johannem archiepiscopum cantuar ' & johannem episcopum roffen , & hugonem episcopum bangoren ' . nota , that though the word vacat be here placed in the original journal-book of the upper house in the margent of this proxy in such manner and sort as this is transcribed ; yet there doth not appear any reason thereof : for as it may be collected by the presence of the lords set down on saturday the th day of this instant february following , neither the said bishop of s t asaph was present himself after the said proxy sent , nor all nor any of his proctors absent , nor himself dead , which are only causes of a vacat . to die februarii introductae sunt literae procuratoriae johannis carliolen ' episcopi ; in quibus procuratorem suum constitiuit johannem archiepiscopum cantuarien ' . nota , that these two proxies are therefore called unusual and extraordinary , because these two bishops did constitute ( the first of them ) three proctors , and the last of them but one ; whereas for the most part the spiritual lords do nominate two , and the temporal lords but one ; which may be collected in part out of the very returns of this parliament : for of five spiritual lords that sent their proxies , three constituted two proctors a piece , and of seven temporal lords not any nominated more than one . it is also worth the observation , that the lord burleigh the lord treasurer had this parliament four several proxies sent unto him ( entred in the original journal-book of the upper house in such order as they be here set down ) viz. from the lord dacres , the earl of warwick , viscount mountacute and the lord lumley . on thursday the th day of february , to which day the parliament had been last continued , the queens majesty was personally present , coming unto the said parliament in her accustomed state and order about three of the clock in the afternoon , it being the time appointed for the house of commons to present their speaker or prolocutor , whom they had been authorized to chuse on the last tuesday when the parliament first began . and thereupon accordingly the queen and lords being set , and the said knights , citizens and burgesles of the house of commons let into the upper house , two of the most eminent personages of the said house did lead up to the bar of the upper house george snagg serjeant at law who was chosen the speaker or prolocutor of the said house of commons , who being placed at the said bar , and silence being made , did in a modest and discreet speech disable himself by reason of his many imperfections , and humbly desired her majesty to discharge him of that great place , and to nominate some other more able and sufficient member of the said house . whereupon the lord chancellor by commandment from the queen did let him know , that her majesty did very well allow of his choice , and thereupon encouraged him willingly and chearfully to undertake and execute that charge and place to which he had been by the free and unanimous consent of the house of commons elected and chosen . upon which speech of the lord chancellor the said speaker according to the usual course and form rendring all humble thankfulness to the queens majesty for her undeserved goodness towards him in conceiving him able and worthy for the execution of a place of that great charge and trust , and promising his care and readiness with all diligence to undergo the same , he did offer up unto her said majesty divers petitions in the name and on the behalf of the said house of commons ; first , that during the continuance of this session , themselves and their necessary attendants and servants might be freed from all suits and arrests ; secondly , that they might have free access unto her majesty upon all urgent and important occasions ; and thirdly , that they might have free liberty of speech in the said house to debate and dispute of such matters and things as shall be there purposed : and lastly , he petitioned her majesty in his own behalf , that if any thing should be mistaken or unwillingly omitted by himself , that she would be graciously pleased to pass by and pardon the same . to which speech the lord chancellor by commandment from the queen shortly replied , that her majesty was graciously pleased to grant all his said petitions , and that he the said speaker and the house of commons should use and enjoy all such liberties and priviledges as others before them had been accustomed to use and enjoy in the times of her majesties most noble progenitors , and withal admonishing them not to extend the said priviledges to any unreverent and misbecoming speech , or unnecessary accesses to her majesty . nota , that the presence of the lords is here omitted , as it was before upon the first day of this parliament through the clerk of the upper house his great negligence ; where also the foresaid presentment of the speaker is but shortly set down . then followed the continuance of the parliament , which is thus entred in the original journal-book of the upper house , viz. the lord chancellor by the queens commandment continuavit praesens parliamentum usque in diem sabbathi prox ' hora octava . on saturday the th day of february , to which day the parliament had been last continued , were present these lords spiritual and temporal following , viz. archiepiscopus cantuarien ' . episcopus london ' . episcopus winton ' . episcopus sarum . episcopus roffen ' . episcopus cestren ' . episcopus coven ' . & litchf . episcopus gloucestren ' . episcopus lincoln ' . episcopus petriburgen ' . episcopus hereford . episcopus cicestren ' . episcopus bangor . nota , that though the bishops names are sometimes placed after the earls and viscounts , as they are commonly in all places where they are made committees ; yet in all the journals of the upper house where the presence of the lords is marked , they are always thus placed on the dexter side , in respect chiefly of the archbishop of canterburies place , which is before all others next the prince . christopherus hatton miles cancellarius angliae . dominus burleigh dominus thesaurarius angliae . marchio winton ' . comes darbiae magnus seneschallus . comes kantii . comes sussex . comes huntingdon . comes bathon . comes pembroke . comes hartford . barones . dominus howard admirallus angliae . dominus hunsdun camerarius . dominus audeley . dominus strange . dominus cobham . dominus stafford . dominus gray de wilton . dominus darcie . dominus sands . dominus windsor . dominus cromwell . dominus wharton . dominus rich. dominus willoughbie . dominus north. dominus s t john. dominus buckhurst . dominus norris . nota , that these names of such lords as were present , are supplied here out of the original journal book of the upper house on the third day of the parliament , because it is the first on which their presence is noted , it having been omitted in the two foregoing days by the great negligence of mr. anthony mason at this time clerk of the said house . two bills of no great moment had each of them their first reading ; of which the last was the bill for the maintenance of husbandry and for increase of tillage . dominus cancellarius continuavit praesens parliamentum usque in diem lunae prox ' hora nona . on monday the th day of february , to which day the parliament had been last continued , were four bills read ; whereof the last being a bill concerning captains and souldiers was read secunda vice & commissa domino thesaurario , marchioni winton ' , the earl of oxford , the earl of shrewsbury , lord steward , the earl of kent , the earl of cumberland , the earl of sussex , the earl of essex , the bishop of winchester , the bishop of coven ' and litchf . the bishop of the lord admiral , the lord chamberlain , the lord audley , the lord strange , the lord cobham , the lord grey , the lord wentworth , the lord cromwell , the lord north , the lord buckhurst and the lord norris , serjeant puckering and mr. attorney . nota , that here were attendants of the upper house and no members of it , are made joint committees with the lords , which is very usually done in the parliaments foregoing in the reign of this queen ; where also the judges being but meer assistants of the said house are often nominated committees also : whereas in the two last parliaments of her majesties reign , viz. in anno & anno . and in these latter times of king james and our present soveraign his son , these are seldom or never nominated as committees , but only as assistants to the committees to give their advice if they shall be required , and not otherwise . and though the clerk of the parliament might at some time mistake and err in setting down such for committees as were only commanded to be attendant upon or assistant unto the said committees ; yet that he should so often mistake in so many parliaments , and the rather because such committees are frequently named divers times in sundry of the several sessions , it is most unlikely and improbable . on friday the th day of february the bill for the more speedy payment of fines and tenths was read prima vice . memorand . the lords committees brought in the bill concerning captains and souldiers with amendments ; and by reason of divers defects in the same bill , they had framed a new bill , which new bill by the consent of all the lords was received and read prima vice . two bills had each of them one reading ; of which the first being a bill touching constats of original conveyances made to the queens majesty was read secunda vice ; and the second being a bill to save discontinuance of writs of error upon errors in the court of exchequer , was read secunda vice & commisia archiepiscopo cantuar ' & ebor ' , domino senesechallo , three earls , three bishops , six barons , magistro rotulorum , servienti shuttleworth , magistro attornato & sollicitatori . dominus cobham & dominus stafford robis parliamentariis induti introduxerunt dominum talbot , eúmque ad locum suum perduxerunt praeeunte gartiro principali reg. armorum , qui etiam tunica armorum indutus erat . on saturday the th day of february , to which day the parliament had been last continued , three bills were read ; whereof two of them , the first being a bill for maintenance of houses of husbandry and tillage , and the second being a bill for horse-stealing and house-burning were read secunda vice & tunc commissae domino thesaurario , comitibus , episcopis , baronibus , justiciar ' gawdie , servienti puckering , & sollicitatori reginae . on monday the th day of february , to which day the parliament had been last continued four bills were read ; of which the first being a bill for reformation in excess of apparel was read secunda vice & commissa domino thesaurario , comitibus , episcopis , baronibus , servienti shuttleworth , & sollicitatori reginae . quod nota . on tuesday the th day of february , to which day the parliament had been last continued , were four bills read ; whereof the first being a bill providing remedy against discontinuance in writs of error in the exchequer and kings bench , was read tertia vice & conclusa , and sent to the house of commons by serjeant shuttleworth and dr. aubery with three other bills . on thursday the th day of february , to which day the parliament had been last continued , were four bills read ; of which the first being a bill for having horse-armour and weapons was read prima vice . on saturday the th day of february , to which day the parliament had been last continued , were three bills read ; of which the last being a bill concerning captains and souldiers was read tertia vice & conclusa , and together with the two bills aforesaid sent to the house of commons by serjeant puckering and doctor ford. three bills were also sent from the house of commons , viz. a bill concerning informers ; and two others of no great moment . on monday the th day of february , to which day the parliament had been last continued , were four bills read ; whereof one of them being a bill for writs upon proclamation upon exigents to be currant within the county palatine of durham , was read secunda vice & commissa justiciario gawdie . quod nota . on tuesday the th day of february , to which day the parliament had been last continued , were two bills read ; whereof the first being a bill concerning informers was read prima & secunda vice & conclusa , and so expedited . and the second being a bill for the abridgment of proclamations upon fines to be levied at the common law was read secunda vice , wherein the lords finding some imperfections sent down serjeant shuttleworth and d r clark to the lower house , to pray a conference with some of that house ; which being yielded , the lords ordered for committees . the lord treasurer , the lord steward , the bishop of winton , the lord cobham , the lord buckhurst , and the lord chief justice of the common pleas to attend the lords . nota , that here one of the judges is particularly nominated to attend upon the lords committees , which may further prove , that in all those former places where the judges or the queens learned council are named as committees , it is no error nor mistake of the clerk. so that hence the difference may very well be gathered to be this , that where a committee of the lords was formerly used to be selected out to meet with another committee of the house of commons , here neither the judges being but assistants , nor the queens learned council being but attendants of and upon that house , were ever nominated or appointed as joint committees with the lords , because the very members of either house only are then admitted to partake of such matters of weight and secrecy as they do there commonly confer upon : but when the lords do amongst themselves appoint a committee to consider only of some ordinary bill that is to pass their house , and especially if the bill do concern matter of law , here it antiently hath been used , and may still without any prejudice to the honour of that house be continued , that the kings learned council but especially the judges may be nominated as committees alone or as joint committees with the lords ; for in regard that nothing can be absolutely concluded at a committee , all matters shall still depend upon the resolution of the house , and so no inconvenience shall ensue thereupon . after the committees of both houses had met , the lords committees proceeded to the amendment of the bill , and afterwards this present day the bill and amendments received their second reading and passed the house , and was sent down to the house of commons to be amended by them , by d r carew and m r sollicitor . it appeareth by the journal-book , that the house of commons having yielded to a conference , did presently chuse committees , and sent them up to the upper house . two other bills had each of them one reading in the house , and one bill was sent up to the lords from the house of commons , all being of no great moment . on thursday the th day of february , to which day the parliament had been last continued , two bills of no great moment had each of them one reading ; of which the first being a bill for reformation of excess in apparel was read secunda vice & commissa uni comiti & baronibus . on saturday the first day of march , to which day the parliament had been last continued on thursday foregoing , two bills of no great moment had each of them one reading ; of which the first being a bill for writs upon proclamations and exigents to be currant within the county palatine of durham , was read tertia vice & conclusa . this forenoon also the lords committees returned the bill for the having of horses , armour and weapons , signifying that they could get no meeting but of so small a number as their lordships would not deal in ; so that the whole house presently proceeded to the question whether it should be ingrossed or no ; upon which question asked the lords with one consent agreed that it should be ingrossed . on monday the d day of march , to which day the parliament had been last continued , two bills of no great moment had each of them one reading ; of which one of them was concerning the sale of thomas hanfords lands towards the payment of his debts , and another had been this morning sent up to the lords from the house of commons . these bills being sent up to the lords by sir francis knowles knight treasurer of her majestics houshold , and other members of the house of commons , they had also order to desire of their lordships in the name of the said house , that mr. sollicitor being returned a member thereof might be suffered to come thither and give his attendance in the same . to which desire of theirs their lordships a little after sent down word by mr. serjeant puckering and mr. attorney general to the said house , that the said mr. sollicitor was called by her majesties writ to serve in the upper house long before he was chosen a member of the said house of commons , and therefore thought it very fitting he should still continue his attendance in the said upper house . nota , that there is no mention made in the original journal-book of the upper house of this question touching the attendance of the queens sollicitor , but it was supplied out of the original journal-book of the house of commons , fol. . a. on tuesday the th day of march , two bills of no great moment had each of them one reading ; whereof the latter being a bill for the sale of thomas hanfords lands , &c. was read secunda vice . whereupon the lords ordered , that as well the said thomas hanford , as those that followed the bill , should be warned to be before them with their learned councel at the next sitting of the court , which shall be on thursday next at nine of the clock . two bills also of no great moment were this forenoon sent up to the lords from the house of commons ; of which the first was the bill for the better recovery of such costs and damages as shall be adjudged to any person against common informers . on thursday the th day of march , to which day the parliament had been last continued on tuesday foregoing , the amendments of the bill for the maintenance of husbandry and tillage were read prima & secunda vice & commissae ad ingrossand . one bill concerning the preservation of orford-haven was brought up to the lords from the house of commons . three bills also of no great moment had each of them one reading ; of which the first being a bill to avoid abuses in chusing of fellows and scholars was read prima vice . on saturday the th day of march , to which day the parliament had been last continued on thursday foregoing , three bills of no great moment had each of them one reading ; of which the first being a bill for the maintenance of husbandry and tillage was read tertia vice & conclusa . m r serjeant shuttleworth and m r doctor awbery were sent down from their lordships to the house of commons with two bills ; of which the first was the bill for maintenance of houses of husbandry and tillage , and the second for reformation of excess in apparel : both which said bills had been passed by their lordships this morning upon the third reading . nota , that the sending down of these two bills is wholly omitted in the original journal-book of the upper house through the great negligence of the clerk of the said house , and is therefore supplied out of the original journal-book of the house of commons , fol. . b. on monday the th day of march , to which day the parliament had been last continued on saturday foregoing , four bills of no great moment had each of them one reading ; of which the last being a bill for an assurance to be made of the jointure of anne wife of henry nevill esquire , was read secunda & tertia vice & communi omnium procerum assensu conclusa . memorandum . that before the third reading and passing of the bill for the jointure of the wife of henry nevill , by which all former conveyances made by the said henry nevill of the mannors of waighfield and wadhurst , &c. in the county of sussex were made frustrate and void : the lords ordered that the said former conveyances should by the parties to the same be brought into this house and delivered to the clerk of the parliament sealed up , to the end that if it shall please her majesty to give her royal assent , that then the said indentures and conveyances should be forthwith cancelled ; but if it shall not please her majesty to give her royal assent , then the said indenture and conveyances should be safely re-delivered to the said parties unseen of any , and uncancelled . and to this all the parties agreed , as well before the lords the committees , as before the whole house . memorandum , that according to the said order the deeds mentioned were cancelled the th day of may anno regni eliz. . the bill against pluralities and non-residence was this day brought up to their lordships from the house of commons . nota , that the bringing up of this bill to their lordships being omitted in the original journal-book of the upper house , is supplied out of that of the house of commons , fol. . a. on tuesday the th day of march , the bill against erecting and maintaining of cottages was read tertiâ vice . two bills also of rio great moment were brought up to the lords from the house of commons ; of which the first was a bill of four fifteens and tenths , and two entire subsidies granted by the temporalty . the bill for the assurance to be made of the jointure of ann the wife of henry nevill esq ( which had been sent up to their lordships from the house of commons , with another bill against informers on tuesday the th day of this instant march foregoing ) was this day sent down again to the said house with some amendments by doctor aubery and doctor cary. nota , that the sending down of this bill from their lordships to the house of commons is by the negligence of m r anthony mason , at this time clerk of the upper house , wholly omitted in the original journal-book of the said house and is therefore supplied here ( as elsewhere also ) out of that of the house of commons . on thursday the th day of march , to which day the parliament had been last continued on tuesday foregoing , the amendments of the bill for having horses , armour and weapons , was read prima & secunda vice , & commissa ad ingrossand . the amendments also and a new proviso annexed unto the bill against informers was read secunda & tertia vice & communi omnium procerum assensu conclusae ; and one other bill of no great moment had its first reading . the bill for the better recovery of costs and damages against informers ( which had been sent up to their lordships on tuesday the th day of this instant march foregoing ) was sent down again this day to the said house by m r doctor ford and m r doctor cary. nota , that the sending down of this bill from the lords to the house of commons is wholly omitted in the original journal-book of the upper house , and is therefore supplied out of that of the house of commons . on friday the th day of march , the bill of subsidy was once read , and the provision of the bill for orford-haven was read and concluded ; and sent to the house of commons by serjeant shuttleworth and m r powle . on saturday the th day of march , six bills of no great moment had each of them one reading ; of which one being a bill for the confirmation of the subsidies of the clergy , was read prima & secunda vice , & commissa ad ingrossand . and another being a bill against erecting and maintaining of cottages was read tertia vice & conclusa , and sent to the house of commons by doctor clark. on monday the th day of march , to which day the parliament had been last continued on saturday foregoing , four bills of no great moment had each of them one reading ; of which the first being the bill of the subsidy was read tertia vice & communi omnium procerum assensu conclusa . there were also sent up to the lords from the house of commons this forenoon six bills of no great moment ; of which the first was the bill for reviving and enlarging of a statute made in the d year of her majesties raign for repairing of dover haven , and the second was the bill for the preservation of the haven of orford in the county of suffolk . on tuesday the th day of march , seven bills of no great moment had each of them one reading ; of which the first being the bill against the abuses in election of scholars and presentation of benefices was read tertia vice & conclusa ; and the scond being a bill , that the children of aliens shall pay strangers customs was read tertia vice and concluded , and was sent down to the house of commons with the former bill by doctor clark and doctor cary. there were also this morning brought up to the lords from the house of commons four bills of no great moment ; of which the first was a bill for the better execution of the statute made in the th year of her majesties reign touching cloth workers and cloths to be shipped over the seas , and the second touching outlawries . the two other bills touching forcible entries , and touching pleading at large in an ejectione firmae , which were sent up at this time with the two former , are omitted in the original journal-book of the upper house and are therefore supplied out of that of the house of commons . on wednesday the . day of march. three bills of no great moment had each of them one reading ; of which the first being the bill for avoiding of certain conveyances and other estates supposed to be procured by thomas drewry of the lands of thomas hasilrigge with the amendments was read secunda & tertia vice & conclusa . on thursday the th day of march , two bills of no great moment had each of them one reading ; of which the first being a bill concerning pleadings in actions of trespass for trespasses under the value of forty shillings was read tertia vice & conclusae . an act providing remedy against discontinuances in writs of error in the exchequer and kings bench was brought from the house of commons . on friday the th day of march , four bills of no great moment had each of them one reading ; of which the first being the bill concerning the hospital of lamborne was read tertia vice & conclusa , and sent to the house of commons by serjeant puckering . there were also sent up to the lords from the house of commons this forenoon three bills of no great moment ; of which the first was a bill for writs upon proclamations and exigents to be currant within the county palatine of durham . on saturday the th day of march four bills of no great moment were brought up to the lords from the house of commons , of which the first was a bill for avoiding of certain conveyances , &c. procured by thomas drewry of the lands and leases of thomas hasilrigg , and the second was the bill for the better recovery of such costs and damages as shall be adjudged to any person against common informers . the lords having this forenoon given three readings to the amendments of the bill for the better assurance of lands and tenements to the maintenance of the free grammer school of tunbridge in the county of kent , did send the same bill with those new amendments to be passed also in the house of commons by doctor carew and m r powle ; the bill it self having before passed that house , and had been sent up from them to the lords on monday the th day of this instant march foregoing . on monday the th day of march , to which day the parliament had been last continued on saturday foregoing , the amendments of the bill against abuses in election of scholars , &c. were read and concluded . three bills of no great moment had each of them one reading ; of which the last being a bill for the repeal of certain statutes was read secunda vice . five bills were also brought up to the lords from the house of commons ; of which the first was an act against the erecting and maintaining of cottages , sent up with the amendments from the house of commons ; which said amendments were thrice read , & communi omnium procerum assensu conclusae . memorand . quod christopherus wray miles capitalis justic. de banco regis secum adduxit in parliamento in camera parliamenti intra dominos breve de errore & billam de regina indorsat . ac rotul . in quibus continebantur placit . & process . in quibus supponebatur error , & ibidem reliquit transcriptum totius recordi cum clerico parliamenti simul cum praedicto breve de errore in parliamento . on tuesday the th day of march , three bills of no great moment were brought up to the lords from the house of commons ; of which the first was an act for confirmation of the subsidy of the clergy . four bills also of no great moment had each of them one reading ; of which the first being a bill for the continuance of divers statutes was read secunda vice . no mention is made in the journal-book of the continuance or adjournment of the parliament , which seemeth to have been omitted by the clerks negligence . on wednesday the th day of march , three bills were read ; of which the first being a bill to avoid secret outlawries of her majesties subjects was read tertia vice , and sent to the house of commons by d r carew . one bill also of no great moment was sent up to the lords from the house of commons . on thursday the th day of march , divers of the lords spiritual and temporal met , but nothing was done , saving the continuance of the parliament unto the day next following . on friday the th day of march , three bills were sent up to the lords from the house of commons ; of which the first was a bill for explanation or declaration of the statute of the eighth year of h. . concerning forcible entries , the inditements thereupon found expedite . a bill for the naturalizing of joice the daughter of ralph esking gentleman , and wife of richard lambert merchant , born beyond the seas , was read secunda & tertia vice , and expedited . dominus cancellarius continuavit praesens parliamentum usque in crastinum dimid . horae ante septimam . on saturday the th day of march , to which day the parliament had been last continued , one bill for continuance of divers statutes was read tertia vice , and sent to the house of commons by d r stanhope and m r powle . m r doctor carew ( in some other places also written carie ) and m r doctor stanhop do bring from the lords two acts , viz. the act of the queens most gracious , general and free pardon , and also the act of the two subsidies and four fifteenths granted by the temporalty , which they carried down to the house of commons , from whence the bill of pardon having there passed , it was a little after sent back again unto their lordships by m r fortescue and others . nota , that the sending of these two bills is omitted in the original journal-book of the upper house , and is therefore supplied out of that of the house of commons . the presence of such lords as attended her majesty , who was her self this day at the dissolving of the parliament in person , is not much differing from that set down on saturday the th of february foregoing , only the two earls of northumberland and essex then absent attended this day , as also the lord strange , the lord morley , the lord talbot , the lord wentworth , and the lord de la ware were at this time also present , though not then . whereas the lords audeley and cromwell then present were now absent ; and for the spiritual lords it appeareth not at all who were present . these being thus set , and the house of commons , with serjeant snagg their speaker , being let into the upper house , the said speaker according to the usual form presenting her majesty with the bill of two subsidies and four fifteenths granted by the temporalty , desired her highness graciously to accept thereof as the free testimony of the faithful and loyal respects of their subjects , and withal desiring her majesty to give her gracious consent to such acts as had been prepared and expedited by the two houses . after the passing of which bills the dissolution of the parliament is entred in the original journal-book of the upper house in manner and form following , viz. dominus cancellarius ex mandato dominae reginae tunc praesentis dissolvit praesens parliamentum . it should seem that her majesty gave her royal assent , and that this parliament was dissolved this present saturday the th day of march in the forenoon , contrary to the usual course in such cases accustomed ; for it appeareth in all other journals for the most part to have been deferred till the afternoon ; and that this present parliament was so dissolved as aforesaid , it appeareth plainly by the last continuance of it on friday immediately foregoing to this day in the forenoon half an hour before seven of the clock , to which early and unusual time of the day i suppose it was continued , because all things might be better expedited against her majesties coming . the journal of the house of commons . an exact and perfect journal of the passages of the house of commons , in the parliament holden at westminster , anno reginae eliz. anno domini . which began there ( after one prorogation of the same ) on tuesday the th day of february , and then and there continued until the dissolution thereof on saturday the th day of march , anno domini . this parliament was summoned about three months after gods miraculous preservation of religion , the realm and her majesties person , from the ambitious and bloody conquest of the spanish king : and therefore the house did not only regard their private business , as the passing of bills , discussing elections , preserving their priviledges and the like , with which this journal is abundantly stored ; but also the publick safety of her majesty and her realms by aiding her highness with the unusual and extraordinary gift of four fifteenths and tenths and two entire subsidies , the clergy also adding two subsidies of their own , and by desiring her also in the conclusion of this parliament to denounce open war against the king of spain , who had so lately invaded her , whom they concluded to have been the root and fountain of all the conspiracies practised , and of all the rebellions raised against her majesty . although this parliament had been summoned to have begun and to have been holden on tuesday the th day of november last past ; yet it held not , but was upon the said day in the thirtieth year of her majesties reign further prorogued by her majesties writ unto tuesday the th day of february in the thirty first year of the same . on which said tuesday the th day of february it held accordingly , and her majesty came in person unto the upper house , where sir christopher hatton , being now lord chancellor , in her highness presence declared unto the lords spiritual and temporal , and to the knights , citizens and burgesses of the house of commons then and there assembled , how great happiness they enjoyed under her majesties peaceful and victorious reign ; and that though the spanish late wonderful fleet had been lately defeated , yet there wanted not still power and malice in him against this nation and her majesty : and so much the more implacable it may be conjectured he now remains , because of his late defeature and loss before-mentioned . and therefore he shewed , that the cause of the calling of this parliament was to provide by common counsel against all his future attempts . and lastly he gave notice to those of the house of commons to make present choice of some one amongst them to be their speaker . whereupon the knights , citizens and burgesses of the said house departing thither , did chuse george snagg serjeant at law for their said prolocutor ; who having modestly disabled himself , was notwithstanding allowed by the house , and thereupon placed by two of the most eminent personages thereof in the chair . concerning the former prorogation or this latter days passages upon the parliament began , there is not any one word in the original journal-book of the house of commons , which ( as it seemeth ) happened through the great negligence of m r fulk onslow at this time clerk of the said house : for in the first page of the same journal in the upper part thereof , it is thus written , viz. martis to februarii , anno reginae eliz. o . and after it the whole leaf is left a blank , with intention doubtless at first that the manner of the beginning of this parliament on the said day , together with the choice of the foresaid speaker , should have been inserted at large . it should seem also that according to her majesties continuance of the parliament on the foresaid tuesday the th day of february unto two of the clock in the afternoon of the thursday following being the th day of the same month , the house of commons sate not this present wednesday , being the th day thereof ; and the rather , because their speaker was not yet presented : which is gathered , as the passages also of the two former days are transcribed , out of the original journal-book of the upper house ; that so by that means this present journal might remain perfect . on thursday the th day of february the knights , citizens and burgesses of the house of commons having notice about two of the clock in the afternoon , that her majesty and the lords spiritual and temporal were already come unto , and had taken their several places in the upper house , expecting their attendance , they repaired thither with george snagg serjeant at law their speaker or prolocutor elect , and presented him unto her majesty ; who notwithstanding his humble disablings and excuses of himself , did by the mouth of the lord chancellor signifie her allowance of him : and afterwards also did in like manner answer to his petitions of course made in the name of the house of commons for freedom of access , liberty of speech , and freedom from arrests and suits ; and lastly in his own name for pardon for himself ; that the said house of commons and himself should enjoy and use all such priviledges and freedoms as had in the like case been enjoyed by any others in the times of her majesties most noble progenitors . whereupon the said knights , citizens and burgesses , with their speaker , departed to their own house . nota , that there is no mention made of the manner of the presentment of the speaker before mentioned in the original journal-book of the house of commons , but only in the upper part of the second leaf thereof is written in one line , m r serjeant snagg m r speaker presented , and immediately under it in another line do follow these words , viz. jovis o die februarii . and after it the whole page is left a blank , except a few lines in the bottom of it , which contain the bill usually read after the knights , citizens and burgesses of the said house of commons return to their own house with their speaker newly admitted upon their presentment of him . which said blank page was doubtless left ( as those others before mentioned ) to the intent and end at the first to have inserted therein the whole form and manner of the said presentment and admission . the foresaid bill , finally , read at this time upon the return of the speaker and the rest from the upper house , is entred in the said journal-book in manner and form following , viz. and then was read a bill for reformation of deceitful practices used in reversal of fines at the common law , the first reading . on friday the th day of february , upon a motion made unto this house ( which had likewise been made yesterday touching matters of the priviledge of this house , it is ordered that m r comptroller , sir william moor , m r lieutenant of the tower , sir george barnes , m r recorder of london , m r robert wroth , m r thomas cromwell , m r morrice , m r humfry conisbie and m r francis alford and every of them shall examine such matters of priviledge as shall happen in this present session of parliament to come in question , and to make reports thereof unto this house , for the further order and resolution of this house and every of the same cases , as shall appertain . the bill touching informers and informations upon penal statutes was read the first time . upon report this day made by john butler esquire one of the burgesses for the borough of malden in the county of essex , that william vernon gentleman also returned the other burgess for the same , is sick , and not able to give his attendance in the service of this house , and likewise willing and desirous that another be chosen to serve in his place ; it is ordered that a warrant from this house be made unto the clerk of the crown for sending forth a new writ for chusing another burgess in the lieu and stead of the said william vernon . upon the like motion also by hugh hare gentleman , one of the burgesses for the borough of halesmeer in the county of surrie , made on the behalf of nicholas hare esquire , returned one of the burgesses for the borough of horsham in the county of sussex ; it is ordered that a like warrant be made for the returning of another burgess for the said borough of horsham , in the lieu and stead of the said nicholas hare . this day the house was called , and all those that did then sit in the house and were present at the calling of the same , did thereupon severally answer to their names , and departed out of the house as they were called . amongst whom one master gerrard esquire being returned into this house one of the knights for the county of lancaster , and also for the county of stafford , made his choice to appear and stand for the said county of stafford ; and thereupon it was ordered that a warrant of this house should be directed to the clerk of the crown for her majesties writ to chuse a new knight for the said county of lancaster in the lieu and stead of the said m r gerrard . on saturday the th day of february the bill to avoid the abuses grown by forestalling , ingrossing and regrating was read the first time . upon a motion this day made by sir edward hobby touching the sundry abuses of returning the knights and burgesses into this house this present session of parliament , as in some not returned at all , some others returned erroneously , and for some places for which none hath been returned heretofore , and some returned superfluously , as two for one place and one for two places , and other corrupt courses in sundry of the returns , to the great prejudice both of the liberties and also of the service of this house ; it is ordered that it be committed unto sir william moore , sir edward hobby , m r edward dyer , m r cromwell , m r recorder of london , m r alford , m r francis hastings , sir edward dymock , m r robert markham , m r lieutenant of the tower , m r rowland watson clerk of the crown , and that he do attend as well with the returns of the sheriffs as with his own book of the same returns certified by him into this house , and to meet in the exchequer chamber upon monday next at three of the clock in the afternoon . and upon a further motion made by m r humphrey conisby for due consideration to be had that the members of this house may give their better attendance in this house hereafter than hath been of late accustomed , this matter is also referred to the said former committees , and the said m r conisby added unto them . the bill touching informers and informations upon penal statutes was read the second time , and committed unto all the privy council of this house , m r recorder , sir william moore , m r grafton and others who were appointed to meet in the exchequer chamber upon tuesday next at two of the clock in the afternoon . on monday the th day of february the bill touching the benefit of clergy in some cases of offenders , was upon the second reading committed unto m r cromwell , m r secretary wolley and others , who were appointed to meet in the star-chamber upon wednesday next at two of the clock in the afternoon . upon a motion this day made by m r treasurer , that m r robert knowles esquire being returned into this house both knight for the county of brecknock and also one of the burgesses for the town of reading , and hath made his choice to appear as knight of the said county of brecknock ; it is ordered that a warrant from this house be directed to the clerk of the crown for another writ to choose another burgess for the said town of reading , in the lieu and stead of the said robert knowles . upon motions also made for some burgesses returned into this session and which are sick and desirous to have others to serve in their places to be returned upon new writs , partly by certificate of the same parties under their hands , and partly by report of some of the members of this house ; it is ordered after sundry arguments , that this case be considered of by the foresaid committees this afternoon ( whose names see before on friday the th day of this instant february ) and sir francis godolphin , sir henry cobham , m r francis bacon , m r francis moore and m r fane are now added unto them . a bill that lands intailed and copy-hold lands may be liable to the payment of debts was read the first time , and after sundry arguments rejected upon the question . on tuesday the th day of february a bill touching the pursuit of hue and cry was read the first time . m r treasurer in the name of himself and of the residue of the committees ( whose names see before on friday the th day of this instant february ) for examination of the returns and attendance of the members of this house , doth shew , that they met yesterday in the afternoon , and having conferred together about those matters , were of opinion that this house is to take notice of all returns only in such sort as the same shall be certified unto this house by the clerk of the crown in the chancery and not otherwise , without any intermedling at all with any business of the sheriffs or of any others in making the election of any such member to be knight , citizen , burgess or baron ; but yet that this house hath nevertheless authority in cases where no return is made at all , to direct their warrant under the hand of m r speaker unto the said clerk of the crown office for her majesties writ to go forth for chusing and returning any knight , citizen , burgess or baron into this house in every such case where any such shall not before happen to be returned at all . and further , that upon conference they do find , that no new knight , citizen , burgess or baron hath been chosen in the place of another being sick , unless the sickness be irrecoverable in all likelihood , as frensy or such like . and moreover where in the return of the burgesses for the borough of appleby in the county of westmerland it appeareth , that in the indenture returned being razed in the sentence of election , laurence lister and thomas musgrave are named burgesses , and in the sentence for giving them authority being likewise razed , robert warcop and anthony felton are named with the former hand , they do think it convenient upon the insufficiency and uncertainty thereof that a new writ be granted for chusing of new burgesses for the said borough , and the said former return not yet received of record to be utterly disallowed . which opinion of the said committees in every behalf was well liked of by this house . and that as concerning better attendance to be given hereafter by the members of this house for the service of the same house , they think it meet to be redressed by way of fines or amerciaments to be inflicted upon such the members of this house as upon the calling of the house or otherwise shall be found to make such default , or to be much or long absent from the service of this house without licence or some reasonable cause to be shewed for the same . which course was also well liked and allowed of by this said house . and after this report made by mr. treasurer , m r speaker putting the house in remembrance of some persons already in this present session allowed by this house to be returned into the place of some others sick , and the warrants already gone out for the same being repugnant directly to one part of the said report now allowed and liked of by this house , doth desire to know the further resolution of this house touching those persons so now to be newly returned upon the said warrants . and after some speeches thereof had not throughly digested , mr. chancellor of the exchequer stood up , and offering to speak of some great matter ( but yet without prejudice to the due consideration of the things then in disputation ) as very necessary , but yet to be referred to another time , putteth the house in mind of the prosperous and quiet state of this realm under her majesties most happy and blessed government by the space now of thirty years . but what should here follow is very negligently omitted , especially there being almost three entire blank pages left for the inserting of it : but it may probably be conjectured that the chief end and scope of his speech was , as to set forth the excellency and justice of her majestres government , so also to demonstrate the great malice and cruelty of the king of spain , backed and assisted by so many potent allies ; and that therefore it would be most necessary that some timely consultation be had for speedy preparation to be made , whereby to resist all his future attempts . and that lastly he did thereupon move the house to think of some supply to be given to her majesty both in respect of her late great charges , and also for the better enabling her to provide for the future safety of her highness dominions . and that the latter part of the foresaid speech of sir walter mildmay chancellor of the exchequer was touching some aid to be given to her majesty , it is most probable , in respect that the next business which is set down to have followed at the end of his said speech , is the appointing of these committees following , to consider of a bill of subsidy to be framed for her majesties aid , viz. all the privy council being of the house , the first knight returned for every shire , and in the absence of the first the second , m r cromwell , sir edward dyer , m r morrice , m r beal , m r ancon , mr. recorder of london , mr. skinner , mr. doctor lewin , mr. william james , mr. fairfax , mr. thomas liefield , mr. arthur throckmorton , mr. fleming , mr. thomas hamman , mr. robinson , mr. michaell sands , mr. rugg , mr. tasborough , mr. george moor , mr. richard brown , mr. york , mr. walter jones , mr. cope , mr. alford , mr. grimston , mr. finns , mr. bacon , sir henry gray . mr. owtred , mr. aldersey , mr. hutton , mr. humphrey conisbie , mr. robert sackvile , mr. john stubbs , mr. william brunker , mr. tanfield , mr. fanshaw , mr. vivian , mr. davers , mr. sands and mr. weeks , who were appointed to meet this afternoon at three of the clock in the exchequer chamber . vide febr. . the committees touching informers , ( whose names see on saturday the th day of this instant february foregoing ) are deferred to friday next in the afternoon , which had been appointed on the foresaid saturday to have met this afternoon . m r speaker moved the house in the behalf of ( m r fulk onslow ) the clerk of the same , that having of late been long sick and yet somewhat recovered , albeit but weak still and sickly , and enjoying his office by letters patents of the grant of her majesty to exercise the same by himself and his sufficient deputy or deputies , it might please this house in his absence ( if he shall happen in regard of his health and necessary ease sometimes to withdraw himself from the exercise of his office in this house in his own person ) to accept therein the attendance and service of such of his own clerks or servants , as before his intermedling therein within this house shall first have taken the oath usually ministred unto all the members of this house . and thereupon it was so granted and assented unto by this whole house accordingly . on wednesday the th day of february , two bills of no great moment had each of them their first reading ; of which the first was the bill touching orford-haven in the county of suffolk . upon a motion made unto this house by m r puleston esquire returned into this house knight for the county of flynt , that william aylmer esquire did since the beginning of this session of parliament cause a subpoena to be served upon him out of the court of star-chamber , to the prejudice of the liberties and priviledge of this house , to answer unto a bill there containing almost forty sheets of paper , and so praying the order of this house , offereth forth a precedent of this house under the hand of the clerk of this house heretofore in a like case between one m r alban stepneth a member of this house , and m r anthony kirle gent. ( which said case was discussed in the parliament de anno reginae eliz. on wednesday the th day , and on thursday the th day of february ) which precedent being read by the clerk , it was after some speeches resolved , that the said m r aylmer should be called into this house by the serjeant to answer the said matter . whereupon the said mr. aylmer being brought to the bar , m r speaker in the name of this house charged him with the said contempt , and required his answer thereunto ; who in all reverent and humble sort shewed , that the said bill whereupon the said subpoena was awarded , did concern a wrong not only unto her majesty , but also unto this honourable house , in an indirect course of proceeding in the election of the knights for the county of denbigh into this present parliament , procured by the said m r puleston ; and so intimating , that the said bill and serving of the said subpoena did tend to the maintenance ( he well hoped ) of the liberties and priviledges of this house , he was sequestred the house , and the said mr. puleston likewise ; and then after some further speeches had , it was , ( partly withal for the good opinion that many members of this house did conceive of the said mr. aylmer , being oftntimes heretofore a member of this house , and an honest and grave gentleman , ) resolved , that the said cause with the circumstances thereof comprehended in the said bill should be considered of by some committees of this house , and so afterwards report to be made of the same accordingly : and that the said mr. aylmer should then give his attendance upon the said committees , and presently withal be left to his own liberty , free from any custody or restraint of the serjeant of this house , and shall also be charged by m r speaker in the name of this whole house to surcease his said suit and proceeding against the said mr. puleston in the mean time . and thereupon mr. vice-chamberlain , mr. recorder of london , sir william moor , sir edward hobby , mr. cromwell , sir edward dymock , mr. wroth , mr. francis bacon , mr. grymston , mr. conisby , mr. morgan , mr. morrice , mr. cook and mr. harris were nominated for that purpose , and appointed to meet upon saturday next at two of the clock in the afternoon . and then the said mr. aylmer being brought in again to the bar , mr. speaker signifyed unto him the said order of this house in that behalf , discharging him from the custody of the said serjeant , and requiring him to give his attendance upon the said committees at the said time and place accordingly , and also to forbear any further to proceed in the mean time against the said mr. puleston . whereunto he willingly assented . two bills of no great moment had each of them one reading ; of which the second being the bill to avoid the abuses grown in forestalling , regrating and ingrossing , was read the second time ; and after many speeches and arguments had upon the same , was committed unto sir valentine dale master of the requests , mr. recorder of london , sir edward dymock and others , who were appointed to meet upon monday next in the afternoon at two of the clock in the star-chamber . the committees in the bill touching clergy in some cases of offenders ( whose names see on monday the th day of this instant february foregoing appointed to meet that afternoon ) is deferred until tuesday next in the afternoon at the former house and place . on thursday the th day of february , three bills of no great moment had each of them one reading ; of which the last being the bill to reform disorders of common inns and other victualling houses , was read the second time , and after many speeches and arguments committed unto sir valentine dale master of the requests , mr. francis hastings , mr. cook and others , who were appointed to meet on wednesday next at two of the clock in the afternoon in serjeants-inn hall in chancery-lane . the bill touching orford-haven was read the second time , and after some speeches committed unto mr. arthur hopton , mr. anthony wingfeild , mr. recorder , mr. grymston , mr. robinson and others , who were appointed to meet upon this day se'night at two of the clock in the afternoon in the exchequer chamber . on friday the th day of february , four bills of no great moment had each of them one reading ; of which the second being a bill touching exactions upon the subjects of this realm by the officers of the exchequer was read the first time ; which said bill was brought into the house by sir edward hobby , who alledged that the said exactions did nothing tend to any further profit or commodity of her majesty . the meeting of the committees in the bill touching informers ( whose names see on saturday the th day of this instant february foregoing ) is again deferred ( as it had been before on tuesday the th day of the foresaid february last past ) till to morrow in the afternoon . mr. john hare maketh a motion unto this house for consideration to be had for meeting with the disorders of purveyors , and offereth a bill unto this house for that purpose . two bills also of no great moment had each of them one reading ; of which the second being the bill for abridging of proclamations upon fines to be levied , was upon the second reading committed unto mr. morice , mr. broughton , sir henry knivet and others , who were appointed to meet at serjeants-inn hall in fleetstreet , upon tuesday next at two of the clock in the afternoon . the bill touching orford-haven ( committed yesterday ) was this day delivered to mr. arthur hopton one of the committees in the same bill . on saturday the th day of february , sir edward hobby moved ( he said ) upon good cause , that mr. speaker do give admonition unto this whole house , that speeches used in this house by the members of the same be not any of them made or used as table talk , or in any wise delivered in notes of writing to any person or persons whatsoever not being members of this house , as of late ( is thought ) hath been done in this present session : and thereupon by consent of this house admonition was given by mr. speaker in that behalf accordingly , shewing unto them that they are the common council of the realm . a bill to reform disorders in purveyers was read the first time . mr. treasurer , mr. cradock , sir william moor , mr. harris , sir henry knyvet , mr. tasborough , mr. palmer , mr. francis bacon , mr. cromwell , sir edward dymock , mr. vice-chamberlain and mr. george moor did speak to the bill ; and afterwards it was ordered upon the question , that the said bill should be read again this present day for the second reading . whereupon the same was then presently read again , and upon the question committed unto all the privy council being of this house , all those that have spoken to the bill , m r edward dyer , m r robert wroth , sir henry grey , m r hare and others , who were appointed to meet in this house upon monday next at two of the clock in the afternoon : and the same time and place is also appointed for the committees for informers , and that the serjeant of this house do in the mean time repair to the clerk of the higher house for the bill that passed this house this last parliament touching purveyers , and was then sent up to the lords or at least for a copy of the same bill , to the end the said committees may consider of the same in the proceeding of this bill as shall be thought convenient . and it is also resolved , that such officers of her majesties honorable household and court of green cloth as shall please to be at the said committee , may be heard and conferred with touching the purport of the said bill at their good pleasures . vide. . febr. postea . on monday the th day of february the bill touching the multiplicity of suits and the excessive number of attorneys , was upon the second reading committed unto the knights for the counties of norfolk and suffolk , m r recorder of london , m r cromwell and others , who were appointed to meet on wednesday next at two of the clock in the afternoon in serjeants-inn hall in chancery lane. sir edwad hobby shewed with his great grief that since the last sitting of this house he hath been of some great personage ( being no member of this house ) very sharply rebuked for some his speeches delivered in this house by him upon friday last , in the setting forth the bill for reformation of abuses in some officers of the court of exchequer , and that the same his speeches have been by some ( he thinketh of this house ) delivered unto the said great personage very untruly , as tending unto all the officers of the same court ; and so shewing other the particulars as well of his own said former speeches as of the said untrue report and sinister construction of the same somewhat at large , doth in the end refer himself therein to the testimony of this whole house : and with all praying the good consideration of this house towards him in this his honest and just excuse , as in like former cases hath been erst accustomed towards other members of this house , and especially in regard of the maintenance and preservation of the antient liberties of the same , desired , that by some of this house the said great personage may be satisfied of the truth of the case , and also moved to shew the name of the reporter of the said untrue speech ; and to that end citeth unto them two like precedents of this house , the one in the time of king edward the th and the other of the queens majesty that now is . and sheweth further that he thinketh his said speech by him first delivered in this house was discovered since m r speaker his late admonition generally given to this whole house against the uttering of the secrets of this house either in table-talk or notes in writing , and not before . and so concluding giveth due commendation to the said bill , and prayeth another reading thereof presently , and also all good and speedy course both in the commitment and other pastages of the same . vide febr. . postea . m r chancellor of the exchequer sheweth first , that he offereth not to speak to any prejudice of the said motion , but putting the house in remembrance of their charge given unto him and others for conference to be had touching some convenient supply of treasure to be had and levyed for the necessary defence of her majesty and this realm , now presently in danger of such mighty and great enemies , as erst of late hath been at large delivered unto this house by some members of the same , declared unto them , that he and the greater part of the residue of the committees therein , though divers of them did not give that attendance therein which so great and weighty a cause doth require , have met and had conference together about the same four several times , and that at the last and fourth time of their said conference they resolved upon such an extraordinary proportion of provision as they thought the present extraordinary occasion of necessity doth require , and that they did set the same down in writing , which he also moved might be read unto them , to the end that if it might upon the reading thereof stand with their good liking to allow of it and give their assents unto it , m r speaker might then deliver it to her majesties learned councel to have the same framed into the form of a bill to be proceeded in and past in this house ; and shewed further , that as the grant of this contribution is greater than hath been heretofore for the most part ordinarily used to be granted ( the present necessity so requiring it ) so thinking good amongst them it should not hereafter be an occasion of a precedent to posterity for the like ( without like cause ) divers of them were of opinion , that some meet words to such effect might be inserted in the preamble of the bill . and shewed further , that one of the committees , to wit m r francis bacon , had for that purpose set down a note in writing , which he said ( if it pleased them ) they might also hear read , and afterwards ( if they so thought good ) might also be delivered to her majesties said learned councel likewise with the said other note ; and that withal the said m r bacon might repair to her majesties said learned councel for the further proceeding therein with them , if this house should so think good . whereupon the house liking well of this motion , both the said notes in writing were read by the clerk and afterwards agreed by the whole house , that the same notes should be forthwith delivered by m r speaker to her majesties said learned councel accordingly , and the said m r bacon also to repair unto them . sir henry knyvet entreth into speech of some recital of the said grief of the said sir edward hobby , and well liking and allowing of due consideration to be had thereof by this house , reciteth very briefly the whole substance in effect both of the said first speech of the said sir edward hobby , and also of his said late motion , and giving due commendation of the same his first speech and also of his said protestation of excuse , urgeth the present reading and proceeding of the said bill withal speed . whereupon after sundry other speeches tending likewise to the prosecution of the said bill to commitment , it was upon the question ordered that the same bill should be presently read accordingly . the bill quo titulo ingressus est was read the second time , and after sundry speeches and motions deferred to further argument to be had upon the same bill again to morrow . the bill touching informers and forestallers were delivered to mr. cromwell one of the committees . and also the report of the committees in the cause between mr. puleston and mr. aylmer upon a motion made by mr. nicholas hare is likewise deferred until then , for lack of convenient time for the same now . vide concerning this matter on wednesday the th day of this instant february foregoing . on tuesday the th day of february , four bills of no great moment had each of them their first reading ; of which the last was the bill for the relief of thomas haselrigge esquire . sir edward dymock , mr. clark and mr. peter osburn arguing to the bill of quo titulo ( read the second time in the latter part of the day foregoing ) do each of them hold sir edward hobby free and thereby excused of any such speeches touching the higher officers of the exchequer , as he had been charged with and rebuked for . and the whole residue of their arguments shew no misliking at all of his simile's or words used in the setting forth of the said bill . whereupon after sundry other disputations of other members of this house had upon the said bill , it was at last upon the question committed unto mr. chancellor of the exchequer , sir john parrot , mr. george moor , mr. sutton , sir edward dymock and others , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . mr. serjeant shuttleworth and mr. doctor awberry do bring from the lords a bill intituled an act providing remedy against discontinuances in writs of error in the exchequer and kings bench. mr. speaker noting the great disorder in this house by some that standing up and offering to speak sometimes three or four together , and persisting still without offering to give place one of them to another , knowing well nevertheless which of themselves did first stand up , and so by the order of this house ought to be first heard , but yet expecting by acclamation of the residue of the house growing for the most part to a great confused noise and sound of senceless words , do stand still continuing their offer to speak first , and do also many times in their motions and arguments utter very sharp and bitter speeches , sometimes rather particularly offensive than necessarily with such great vehemency delivered , putteth them in remembrance , that every member of this house is a judge of this court , being the highest court of all other courts , and the great council also of this realm , and so moveth them in regard thereof , that as in all other courts , being each of them inferiour to this high court , such confused courses either of contention , acclamations , or reciprocal bitter and sharp speeches , terms or words are not any way either used or permitted amongst the judges of the said inferiour courts , or the councellors admitted in the same courts , so they would hereafter forbear to attempt the like disorders , as the honour and gravity of this house justly requireth . upon a motion made by mr. vice-chamberlain , that the committees in the bill for purveyors ( appointed on saturday the th day of this instant february foregoing ) do meet again this afternoon at three of the clock ; and also that the report to be made by him touching the dealing of the committees in the cause between mr. puleston and mr. aylmer be deferred till to morrow in the afternoon . on wednesday the th day of february , mr. serjeant walmesly one of the committees in the bill touching the abridging of proclamations ( appointed on wednesday the th day of this instant february foregoing ) upon fines at the common law , sheweth , that they have met and conferred upon the said bill , and having in some parts amended the same , offer another bill containing the same amendments . mr. vice-chamberlain one of the committees in the cause between mr. puleston and mr. aylmer , sheweth , that he and others of the committees have had conference together and heard both parties , and the councel also of the said mr. aylmer at large , and so reciting amongst many of the circumstances delivered unto them touching the said matter , some of the causes moving the said mr. aylmer to cause the said mr. puleston to be served with a subpoena to appear in the star-chamber , doth in the end shew , that he and the residue of the said committees were of opinion , that the said mr. aylmer had committed a contempt unto this house in prejudice of the liberties and priviledges of the same house , which as for his part he wished should not escape unpunished in some sort , so giving very good commendations of the said m r aylmer for his humble and dutiful behaviour before the said committees in the whole course of his dealing with them in the said cause , and shewing withal that he had to his great charge attended now a long time upon the said committees for their report to this house in the said matter , and had withal ignorantly and yet not without the privity and advice of some learned in the laws proceeded to the causing of the serving of the said subpoena , as he was informed , without offence to this house or liberties of the same , he might ( acknowledging his fault and upon his humble submission to be made to this house , and craving pardon for his said contempt ) be set at liberty and discharged paying the serjeants fees of this house . and afterwards upon sundry other speeches and arguments ( the whole house agreeing and resolving directly that the said m r aylmer had committed the said contempt ) and some also moving to inflict some other further punishment upon him ( over and besides such his submission to be so made ) that he might not only bear the charges of the said mr. puleston sustained touching the said matter of contempt , but also surcease any further proceeding at all against the said m r puleston by reason of serving the said subpoena , but should ( if he would ) take out another subpoena after this session of parliament ended against the said mr. puleston the next term ; and some others again being of a contrary opinion , moved , that the said m r aylmer should neither pay the said mr. puleston his charges , nor yet surcease his proceeding against him upon the said subpoena already served , because the said mr. puleston had already voluntarily without the privity of this house , and also since the time of his grief and complaint unto this house exhibited , put in his answer to the bill in the said court of star-chamber against him ; and the said answer also being offered forth unto this house and read by the clerk , it appeared manifestly , that the said mr. puleston had voluntarily put in his said answer to the said bill , and so was at issue , in that he pleaded to the said bill not guilty ; it was upon the question resolved and ordered by this house , that m r aylmer should not only be at his liberty to proceed in his said suit without offence to this house , but should also upon his humble submission to be made to this house be discharged of his said contempt paying his fees to the serjeant of this house . and then it was thought good the said m r aylmer might be called in and heard what he could say for himself in the matter ; and ( the said m r puleston being sequestred ) he was brought presently to the bar , and charged by m r speaker with the said contempt ; who humbly shewed , that if it were a contempt , it was done by him simply and ignorantly and no way arrogantly , and without all peril of contempt to this house as his councel had informed him , and therefore humbly submitting himself craved their pardon ; and thereupon being sequestred the house again , it was after sundry other speeches upon another question resolved , that the said m r aylmer should likewise upon his said humble submission be discharged of his said contempt , paying only the serjeants fees. which done , the said m r aylmer was brought in again by the serjeant , and m r speaker pronouncing unto him the said judgment of this house , both for his licence to prosecute his said suit in the star-chamber , and also for his liberty and discharge of the said contempt , the said m r aylmer yielding unto this honourable house his most humble thanks , departed and went his way . vide concerning this business upon wednesday the th day , and on monday the th day of this instant february foregoing . m r vice chamberlain shewed , that he and others the committees in the bill concerning purveyors have met , and also have had conference together with some of her majesties officers of the green-cloth , and according to the commission of this house . and surther , that they have in some parts amended the said bill , and also added a proviso thereunto such as they think fit both for her majesties service , and also for the better passage of the bill and relief of the subject . and prayeth the same amendments and proviso may be read . which said amendments and proviso were thereupon twice read accordingly . which done , there followed sundry speeches upon the same amendments and proviso . and so for that time it was left at large without any further course or question to ingrossing or any thing else , the time being far spent and the house ready to rise . the bill touching quo titulo ingressus est was delivered to sir edward hobby one of the committees in the same . the bill concerning common inns and victualling-houses was delivered to mr. prat one of the committees in the same bill . and the bill touching multiplicity of suits and the excessive number of attorneys was delivered to mr. heydon one of the committees in the same bill . on thursday the th day of february , three bills of no great moment had each of them one reading ; of which the last being the bill for relief of thomas haselrigg esquire , was upon the second reading committed unto sir richard knightley , sir henry knyvet , mr. recorder of london and others , who were appointed to meet upon monday next at two of the clock in the afternoon in the star-chamber . the committee in the bill touching informers and informations is deferred unto saturday next at two of the clock in the afternoon at the former place of meeting . mr. vice-chamberlain one of the committees in the bill touching informers and informations upon penal statutes sheweth , that he and such other of the committees as were met together yesterday in the afternoon , had conferred together upon the same bill , and then had amended it in some parts thereof , as they upon good considerations in their own conceits thought convenient . and so offering the said bill in such sort amended , delivered in the same to be further dealt in by this house as this house should think good . and withal moved further , for avoiding of confusion hereafter , and for a more orderly and speedy proceeding of this house in the making of laws , that they would from henceforth in their commitments use to name a fewer number than they have hitherto in this session of parliament for the most part used to do . and that those so to be named should give better attendance in the same commitment than hitherto they have done this session . and further , that at each meeting of the same committees at the times and places appointed for the same , the names of all the said such committees should then be first read , and if the more part of them , or at least the one half of them shall be present , then the more part or one half of them to proceed to conference accordingly or else not . which motion was well liked of and allowed . sir john parrot one of the committees in the bill of quo titulo ingressus est , sheweth , that by reason of the great time spent yesterday in the commitment of the bill touching informers and informations upon penal statutes , he and the residue of the said committees in this bill could not end their conference in the same ; and therefore moved another meeting again about the same this afternoon ; and that her majesties learned councel might also be there with them . whereupon for that it was then answered by mr. vice-chamberlain , that her highness said learned councel could not be there this afternoon , but were ( he well knew ) to be elsewhere imployed all the same whole afternoon ; it was resolved that the said committees should nevertheless then meet together , and proceed in the said conference as much as they could in the mean time , until a further time might be afterwards taken for her majesties said learned councel to be with them . on friday the th day of february , the bill for the true payment of the debts of thomas hanford , was upon the second reading committed unto mr. comptroller , sir henry knyvet , mr. alford , mr. hare , mr. graston and mr. francis moor , who were appointed to meet to morrow morning at seven of the clock in the committee chamber of this house ; and then mr. hanford to attend the said committees : and also the bill that passed in the last parliament from this house to the lords , to be also delivered to the said committees ; both which bills were then delivered to mr. comptroller . upon a motion made by mr. john stubs it is ordered , that thomas drury may with his free liberty by the priviledge of this house attend the committees in the bill for the relief of thomas haselrigg esquire , exhibited into this house against him , and also to prosecute in the same cause without any molestation or arrest during the pleasure of this house . vide march . march , & mar. . following , & mar. . upon a motion made by mr. harris , that divers members of this house having writs of nisi prius brought against them to be tried at the assizes in sundry places of this realm to be holden and kept in the circuits of this present vacation , and that writs of supersedeas might be awarded in those cases in respect of the priviledge of this house due and appertaining to the members of the same ; it is agreed , that those of this house which shall have occasion to require such benefit of priviledge in that behalf , may repair unto mr. speaker to declare unto him the state of their cases , and that he upon his discretion ( if the cases shall so require ) may direct the warrant of this house to the lord chancellor of england for the awarding of such writs of supersedeas accordingly . upon a motion made by this house that ..... saintpole esquire , one of the knights in this present parliament for the county of lincoln , being also sheriff of the said county of lincoln at this present time , might have licence by this house to depart into the country about the attendance of his said office of sheriffwick ; it was granted and agreed that he might so do accordingly . nota , that by this it appeareth to be a thing no ways strange or in it self incompetible for a sheriff of any shire to be a member of the house of commons , and there to perform the service of that house : and that the licence given to such at any time to depart , is no other than is at any time vouchsafed of course to the members of that house upon any urgent occasions by them alledged requiring their absence for some time , be it longer or shorter , of which also there is a remarkable precedent in the journal of the house of commons de anno reginae eliz. upon friday the th of december , and another precedent also in the same parliament upon tuesday the th day of february de anno isto praedicto reginae eliz. yet was there a precedent in this very case otherwise adjudged by the house after much dispute upon wednesday the th day of november in the parliament de anno , & reginae eliz. anno domini . where sir andrew nowell being sheriff of the county of rutland , was afterwards elected one of the knights for the same , and so compelled to return himself ; which perhaps also may make the difference in the case , and that where any man is first elected a member of the house of commons and afterwards made sheriff of some county , his first election stands good . vide etiam dec. . de anno isto . the proviso to the bill concerning purveyors was twice read , and in the bill these words [ or within ] were interlined in one place of the said amendments in the said bill , and inserted in the bill by order of this house , which were also twice read , and so the bill and proviso ordered upon the question to be ingrossed . the amendments in the bill touching informers were twice read , and upon the question ordered to be ingrossed . four bills also of no great moment had each of them one reading ; of which the last being the bill for repealing of certain statutes was read the second time , and upon the question committed unto mr. cromwell , mr. broughton , mr. edward dyer , m r grafton and others , who were appointed to meet upon tuesday next at serjeants-inn hall in chancery lane at two of the clock in the afternoon . the committee in the bill touching orford-haven ( who were appointed on thursday the th day of this instant february foregoing ) is deferred till to morrow in the afternoon at two of the clock in the place formerly appointed . the commitment in the bill against multiplicity of suits and the excessive number of attornies ( who were appointed on monday the th day of this instant february foregoing ) is appointed to be dealt in at one of the clock in the afternoon of this present day . the commitment in the bill touching the benefit of clergy in some cases of offences ( who were appointed on monday the th day of this instant february foregoing ) is appointed to be dealt in this present day at two of the clock in the afternoon in the exchequer chamber , and the bill was delivered to m r wroth. the commitment in the bill touching common inns and other victualling-houses is appointed to be dealt in ( who were appointed upon thursday the th day of this instant february foregoing ) on wednesday next at two of the clock in the afternoon , in the former place ( being the th day of this instant february following , ) and the bill was delivered to m r george barne . on saturday the d day of february , two bills of no great moment had each of them one reading ; whereof the second being the bill for the relief of george ognell esquire was upon the second reading , and upon the question committed unto m r henry brooke , m r serjeant walmesley the knights for the shire of the county of warwick and others , who were appointed to meet upon monday next at two of the clock in the afternoon in the star-chamber . the bill for the assurance of the jointure of ann the wife of henry nevill esquire was read the second time , and upon the question committed unto sir edward hobby , m r cook , m r cradock , m r francis bacon and others , who were appointed to meet upon monday next at two of the clock in the afternoon in the star-chamber . the bill for relief of thomas haselrigge esquire ( committed on thursday the day of this instant february foregoing ) was delivered this day to sir edward hobby one of the committees . three bills which had this day passed the house upon the third reading , were sent up to the lords by m r vice-chamberlain , sir john parrot and others , with commendations and request for their lordships favourable expedition ; of which the two last were one touching purveyers , and the other touching proclamations in fines . m r comptroller one of the committees in the bill for the true payment of the debts of thomas hanford reporteth their meeting together ; and that hanford himself was present with his councel , and also the councel of another gentleman , and referreth the residue of the report to m r grafton one other of the same committees , who likewise making a further report of the same , especially touching the allegations made to them by the said thomas hanford and his councel , and afterwards upon some further speeches the bill then rested to be presently amended in some things before thought fit by the said committees , but not as then yet set down in writing . the bill touching the free grammer school of tunbridge in the county of kent was upon the second reading committed unto m r cook , sir edward dymock , sir edward hobby , sir george cary and others , who were appointed to meet upon tuesday next in the star-chamber at two of the clock in the afternoon . two bills also of no great moment had each of them one reading ; whereof the second being the bill touching mortmain , was upon the second reading committed unto m r treasurer , sir john parrot , sir edward hobby , sir william moore and others , who were appointed to meet on thursday next at two of the clock in the afternoon in the exchequer . m r serjeant puckering and m r doctor ford did bring from the lords three bills ; of which the two last were one for reviving of a statute made in the d year of her majesties reign for repairing of dover haven , and the other for repairing of the pier of hartilpool , with their lordships like requital of commendation for the furtherance of this house in the said two acts for dover haven and hartilpool , as their lordships erst this present day received from this house for their lordships furtherance in expediting of the bills concerning purveyors and the abridging of proclamations in fines , &c. brought this day unto their lordships from this house . on monday the th day of february , the bill for four fifteenths and tenths and two entire subsidies had its first reading . m r chancellor of the exchequer , one of the committees in the bill touching quo titulo ingressus est , reporteth the meetings and conferences of the committees at sundry times , and that in the end they thought good for divers respects to alter some things in the said bill , and so to make a new bill , which he offered unto this house together with the old bill , and praying the new bill might be read , the same new bill was thereupon read accordingly : which being then read , it was after some speeches upon the same reading then further declared by the said m r chancellor , that m r osburn the treasurer's remembrancer in the said court of exchequer had been with them in the said committment , and not only satisfied the said committees very truly , that he could not erst use any other course of dealing in the said office than hitherto he hath done , as having no warrant to the contrary ; so did he also very willingly and honestly for his part give his assent and good liking to the passing of this bill , and professed to be ready and well pleased to follow the rule of the same when it shall be established for a law , which then may be good warrant unto him in that behalf , like as he would have been contented so to have done before if he might safely and lawfully avowed the same . and so thereupon moved ( for the better expediting of the said bill ) another reading presently , and that thereupon the said bill may be ordered to be ingrossed , which was so then read again , and upon the question ordered to be ingrossed accordingly . m r cromwell one of the committees in the bill for orford-haven reporteth the meeting of the committees and their travel in the same , and sheweth some amendments made by them in the said bill , and their reasons for the same ; which amendments were then thereupon twice read accordingly , and so the bill upon the question ordered to be ingrossed . the bill for the true payment of the debts of thomas hanford delivered into this house on saturday last by some of the committees with these words stricken out viz. [ with assent of the said thomas hanford ] and this word [ or ] likewise stricken out and in stead thereof this word [ and ] put in ; the said word [ and ] being twice read , the bill was upon the question ordered to be ingrossed . the bill for reviving and enlarging of a statute made in the twenty third year of her majesties reign for repairing of dover-haven , was read the first time . upon a motion made touching conference to be had in the commitment of the bill for relief of george ognell esquire , and that trussell the adverse party being now in execution in one of the counters of london , might be heard before the said committees without peril of an escape if he should be brought to westminster ; it is agreed , that the committees which were appointed to have met this day in the afternoon about that matter in the star-chamber , do meet in the guild-hall where the said trussell may be brought before them with his keeper without danger ( as it is thought ) of an escape in the said execution . the bill for the assurance of the jointure of anne the wife of henry nevil esquire ( which was committed yesterday ) was this day delivered to mr. henry savile one of the said committees . the bill for the relief of george ognell esquire ( committed also yesterday ) was this day delivered to mr. george moor one of the said committees . john cocks one of the burgesses for the borough of bletchingly in the county of surrey , is for his especial affairs licensed to depart . on tuesday the th day of february , three bills had each of them one reading ; of which the first mr. cradock offereth unto this house , being for continuance and perfecting of divers statutes , and praying the same might be read , the same was thereupon then read accordingly for the first reading . mr. francis bacon one of the committees in the bill for the assurance of the jointure of anne the wife of henry nevill esquire sheweth , that divers of the said committees had met together in conference about the said bill , and for certain considerations by him then alledged had amended something in the said bill , and also added something to the same . which amendments and additions being opened to the house and twice read accordingly , the said bill was afterwards upon the question ordered to be ingrossed . mr. recorder moved touching the want of one of the barons of new rumney in the county of kent not returned into this house , but yet ( he said ) duly elected as he was informed under the seal of the corporation of the said town of new rumney ; and further shewing , that he thought the precedent thereof might tend to the prejudice both to the liberties and also to the service of this house , prayed consideration of this house therein . whereupon after sundry other speeches and argument to the like effect by others , it was at last ordered , that the state of the case should be further examined by the former committees of this house appointed for such cases of returns as should happen to fall out during this present session of parliament . whose names then being read by the clerk , they were appointed to meet at the rolls this present day at two of the clock in the afternoon , and a note of the names of the said committees was then delivered by the clerk to mr. cromwell one of the said committees . mr. damport moved neither for making of any new laws nor for abrogating of any old laws , but for a due course of proceeding in laws already established , but executed ( he thinketh ) by some ecclesiastical governour contrary both to the purport of the same laws and also to the minds and meanings of the law-makers , to the great hurts and grievances of sundry her majesties good subjects ; and so offereth some particularities in writing to the effect ( he said ) of his motion , praying the same might be read , and committed to be further considered of and dealt in , as this house should think good . m r secretary wolley putteth the house in remembrance of her majesties express inhibition delivered to this house by the mouth of the lord chancellor at the beginning of this session of parliament touching any dealing with ecclesiastical causes ; and shewed for his own part , that he thinketh this house should incur contempt to her highness , if contrary to that inhibition they should deal in the said matter last moved . whereupon the said matter in writing was then received , but not then read at all , and was afterwards without any thing done more therein delivered back again by mr. speaker unto the said mr. damport upon monday the th day of march following in the forenoon of the same day , before the said mr. speaker went to the parliament house . m r serjeant shuttleworth and m r doctor clark do bring word from the lords , that their lordships do desire that four or five of this house do confer with their lordships touching a bill for abridging of proclamations to be had upon fines to be levied at the common law , lately passed this house and sent up unto their lordships from this house ; it was ordered , that m r secretary wolley , mr. recorder , mr. cook , mr. serjeant walmesley , mr. francis bacon , mr. morrice , and mr. harris should presently wait upon their lordships therein , who so did thereupon accordingly . the bill concerning process and pleadings in the court of exchequer , passed this day in this house , was sent up to the lords by sir john parrot and others , with request to be made unto their lordships from this house , for their lordships good and favourable expediting of the bill for reformation of certain abuses by purveyors lately sent unto their lordships by this house . mr. wroth moved for better attendance to be continued and used by the members of the house in the service of the same house , that none after the house is set do depart before the rising of the same house , unless he do first ask leave of mr. speaker , upon pain that every one hereafter doing the contrary do pay for every time six pence to the use of the poor . and it was thereupon assented unto by the whole house accordingly . two bills of no great moment had each of them one reading ; of which the second being the bill touching secret outlawries was read the first time , and upon further motion read again for the second reading , and committed unto mr. serjeant walmesley , sir henry knyvet , mr. cradock , mr. cromwell , mr. cooke and others , who were appointed to meet at two of the clock in the afternoon at serjeants-inn hall in fleetstreet . the bill touching writs of covenant , &c. was upon the second reading committed unto mr. harris , mr. drew , mr. cooke , mr. morrice , mr. wroth and others , who were appointed to meet at serjeants-inn hall in chancery-lane , upon thursday next at two of the clock in the afternoon . mr. sollicitor and mr. doctor cary do bring from the lords the bill for abridging of proclamations to be had upon fines to be levied at the common law lately passed this house with some amendments , viz. in the eleventh line between the word [ terms ] and the word [ next ] to put in the word [ holden ] and to put out the words following , viz. [ unless it be ] &c. and all the words following unto these words [ and that ] in the fifteenth line ; which being opened unto the house by mr. speaker , the said amendments were accomplished and perfected with all the due readings and passage of the same bill so amended accordingly . the committees names in the bill touching the free grammar school of tunbridge in the county of kent , appointed on saturday the th day of this instant february foregoing were read by the clerk , and the committees appointed to meet at the rolls at two of the clock in the afternoon of this present day ; and the bill with a note of the said names was delivered then to sir edward dymock one of the said committees . the committees names in the bill for repeal of certain statutes ( appointed on friday the th day of this instant february foregoing ) were read by the clerk , and the committees appointed to meet at the rolls at two of the clock in the afternoon of this present day ; and the bill with a note of the said committees names was then delivered to mr. cromwell one of the said committees . the bill touching mortmain , with a note of the names of the committees in the same , was delivered to humfrey waring servant to mr. aldersey , one of the committees in the same bill , to be by him delivered to the said mr. aldersey ; but it appeareth not certainly in what place or upon what occasion the said bill was delivered to the servant of the above-named mr. aldersey ; for although it be entred in the original journal-book of the house of commons amongst such other matters as were debated in the house , yet it is most probable it was delivered unto him out of the house , either after or upon the very rising thereof . on wednesday the th day of february , the bill concerning captains and souldiers was read the first time , and argued unto by mr. outred , sir edward dymock , mr. cromwell , sir henry knyvet , mr. treasurer , mr. north and mr. markham ; and afterwards mr. cromwell , mr. outred , mr. serjeant walmesiey , mr. north , mr. wroth , sir william moor , sir edward dymock , sir henry knyvet , mr. markham and sir ralph bourchier , were appointed to article to the said bill , and to meet this afternoon at two of the clock in the exchequer chamber ; and the bill was delivered to mr. cromwell . upon a speech used by mr. alsord purporting , that some that had spoken to the said bill had uttered some words of rejecting the same bill and casting it out of the house , where in very deed there was no such speech used at all by any that had spoken to the said bill , nor yet any word tending to such effect ; it was upon the question resolved by the judgment of the whole house , that there had been no such speech used at all by any of them that did speak . mr. francis bacon one of the committees in the bill concerning forestallers , regraters and ingrossers , shewed the meeting and travail of the committees in the said bill , and that they had made a new bill , and shewing the reasons moving them so to do sufficiently and at large , offereth in the end the new bill , and prayeth the good and speedy expediting of the same . on thursday the th day of february , the bill for sour fifteenths and tenths and two entire subsidies had its second reading . m r serjeant puckering and m r sollicitor do bring word from the lords , that their lordships have this morning received a message from her majesty delivered unto them by two of the lords of her majesties most honourable privy council , which message their said lordships of the upper house do mind to impart unto this house , and pray that some convenient number of this house may to that end be appointed to meet with fourteen of their lordships in the room next to the higher house of parliament either this present forenoon , or else to morrow in the forenoon at the choice of this house ; and so requiring the answer of this house presently , they departed , and stayed without in the mean time . where the said message being opened by m r speaker , it was resolved upon the question , that twenty eight or thirty of this house should attend upon their lordships this present forenoon accordingly . and then the said m r serjeant puckering and m r sollicitor being called in again , and receiving the answer of this house by the mouth of m r speaker , all the privy council being of this house and now present , viz. four , sir henry cobham , sir henry gray , sir william moore , sir edward dyer , sir george bary , sir edward hobby , sir edward dymock , sir henry knyvet , sir thomas palmer , sir george moore , m r serjeant walmesley , m r francis hastings , m r alford , m r wroth , sir richard knightly , sir robert jermin , m r heydon , m r recorder of london , m r beamond , m r cook , m r beale , m r cradock , m r markham m r lieutenant of the tower , m r tho. knivet , m r cromwell , m r richard brown , m r conisby , sir philip butler and mr. outred were nominated and sent up to the higher house to attend the said fourteen committees of the lords touching their imparting unto this house the said message delivered unto them from her majesty , and the paper bill touching purveyors was deliver'd to mr. cromwell one of the said committees , and the note of the committees names to mr. vice-chamberlain . m r recorder one of the committees in the bill for reformation of disorders of common inns and other victualling houses , shewed the meeting and travail of the committees , and some causes which moved them to deal only with that part thereof which concerneth casks and the gaging of vessels for beer and ale , and so offereth a new bill for that purpose , with request for good expediting thereof . mr. apsley moved this house touching the great inconveniences grown by the great number of pluralities and non-residents , and offereth a bill for reformation thereof , praying the same might be presently read , which was so done by the order of the house accordingly . the council and the residue returned from the lords , and mr. treasurer reported that my lord treasurer shewed them that the message from her majesty delivered this day unto the lords of the upper house , was concerning two bills lately passed this house and sent to the upper house , the one concerning purveyors and the other touching process and pleadings in the court of exchequer , a thing misliked of her majesty in both those cases , the one tending to the officers and ministers of her own household , and the other to the officers and ministers of her own court of her own revenues ; in both of which if any should demean themselves any way unlawfully or untruly , her majesty was of her self ( he said ) both able and willing to see due reformation , and so would do to publick example of others upon any of the said officers or ministers which at any time should be found to offend in any particularity either in her said household or in her said court. whereupon after sundry motions , speeches and advices what might best be done for satisfying her majesty of the doings of this house concerning their dealings in both the said bills either by way of excuse or confession or otherwise howsoever ; it was in the end resolved to make choice of some committee of this house both to consider further of the course , and also to search such precedents as might best serve for that purpose ; and then were named the said former committees , and mr. john hare , mr. morrice , mr. clark , mr. liefield , sir francis gudolphin and mr. augyer were added unto them , and appointed to meet to morrow in the afternoon at two of the clock in the star-chamber . vide concerning this business on monday the th day of this instant february foregoing , & in principo hujus diei ; and touching the other matter , being the bill of purveyors , see upon saturday the th day of this instant february last past , & de utrisque materiis vide diem martis diem martii sequentem , & diem jovis diem . ejusdem mensis , & diem sabbathi diem . & diem lunae diem . on friday the th day of february , four bills of no great moment had each of them one reading ; of which the last being the bill for maintenance of the pier of hartilpool was upon the second reading committed unto m r george cary , m r stubbs , m r beale , the burgesses of newcastle , lin and yarmouth and others , who were appointed to meet to morrow in the afternoon in the exchequer chamber at two of the clock ; and the bill was delivered to sir edward hobby one of the said committees . the bill also touching costs to be recovered against common informers had its first reading , and upon a further motion was read again for the second reading , and upon the question ordered to be ingrossed . upon some motions had touching a scruple conceived yesterday by some few of this house upon putting of the bill of subsidy to the question of ingrossing , it was by divers and sundry members of this house at this time delivered in their speeches , that it was not any way meant by any member of the house to have the said bill then longer deferred from ingrossing upon that question in any other respect than only to the end that some such as then seemed to offer some provisoes or speeches to the said bill , might first be further heard ; and partly also that some other necessary bills for the common-wealth might the better be treated of and expedited in the mean time before the said bill of subsidy ( if it were so soon ingrossed ) were prepared so ready to the passing , upon their conjectural opinions that when the subsidy bill were once passed the house , the end of this session of parliament was like to ensue shortly after . and then afterwards the said bill was upon the question ordered to be ingrossed accordingly . on saturday the first day of march , two bills of no great moment had each of them one reading ; of which the second being the bill concerning pluralities and non-residents was read the second time ; and after sundry arguments , many with the bill and some against it , was in the end committed unto m r treasurer , m r morrice , m r beale , sir robert jermin , m r francis hastings and others , who were appointed to meet in the exchequer chamber at two of the clock in the afternoon . the bill for tunbridge-school with amendments was brought in by m r cooke one of the committees , and the reasons of the same amendments were shewed by him . m r doctor amberry and m r doctor cary do bring from the lords two bills , viz. an act to avoid horse-stealing , and an act upon writs of proclamations and exigents to be currant within the county palatine of durham ; with further signification from their lordships , that if this house have either bills ready to send them , or else any motions for conference to be had with them , their lordships are presently at good leisure for the same . the bill concerning the pier of hartipool is deferred to be considered of by the committees upon monday next in the afternoon , and mr. vice-chamberlain and sir john parrot are added unto the former committees . the fitting of the committee touching the bill of mortmain ( appointed on saturday the th day of this instant february foregoing ) is likewise deferred till the same time . john luttwich gentleman , one of the burgesses for the borough of bridge-north in the county of salop , christopher wike gent ' , one of the burgesses for the borough of new sarum in the county of wilts , john bennet gentleman , one of the burgesses for the borough of westbury in the said county of wilts , and m r john shirley , one of the burgesses for the borough of lewes in the county of sussex are all of them licensed about their necessary business and occasions to depart . the bill for tunbridge-school , the bill touching writs of covenant , &c. and the bill for relief of george ognell esquire , were brought in by the committees with some alterations and amendments , whereof none at all were then read or expedited . the paper-book of the bill touching process and pleadings in the court of exchequer is delivered to the serjeant of this house to be by him delivered over this present afternoon to the committees for search and conference . on monday the third day of march upon many speeches used by m r graston touching a report to be made to this house by the committees for examination of the return of one of the barons of the port of new rumney in the county of kent not yet certified into this house from the clerk of the crown , m r cromwell one of the said committees sheweth , that the same committees had met about the same according to the commission of this house ; and so shewing his own opinion , it was after sundry other speeches resolved in the end upon the question , that he that was chosen by the said town should be received into this house as a member thereof accordingly . m r cromwell one of the committees appointed for articling the bill concerning captains and souldiers sheweth , that they have articled the same bill , and so delivered in both the bill and the articles . m r morris one of the committees in the bill touching the benefit of the clergy in some cases of offences , sheweth , that the committees have altered the old bill and framed a new bill , and yieldeth the reasons of the same their doings , and delivereth in both the old bill and the new , and prayeth the new bill may be read . the bill for the true payment of the debts of thomas hanford was read the third time and passed upon the question . the bill for the maintenance of orford-haven was read the third time , and after many arguments both with the bill and against it , is in the end passed upon the question . the bill this day passed for the true payment of the debts of thomas hanford , and the bill also for abridging of proclamations upon fines were sent down before unto this house by the lords with some amendments , and being amended accordingly are sent to the lords by mr. treasurer and others ; which m r treasurer moved before he went , that the lords might be desired by this house , that m r sollicitor being returned a member of this house might come hither into this house and give his attendance in the same , which was assented unto , and required that he would move the lords and the said m r sollicitor also to that end accordingly . m r serjeant puckering and m r attorney general do bring word from the lords touching the motion made of this house in that behalf for m r sollicitor his attendance to be given in the service of this house being a member of the same , that their lordships having had consideration of the said motion of this house in that behalf , are of opinion , that the said m r sollicitor is to continue his attendance in the upper house of parliament and not in this house , for that he was called by her majesties writ to serve and attend in the said upper house of parliament long before he was elected or returned a member into this ; and also that the said m r sollicitor by force of her majesties said writ had served in the said upper house since the beginning of this said session now already almost by the space of one whole month. on tuesday the th day of march , the amendments in the bill touching writs of covenant , &c. and a proviso added were both twice read , and upon the question ordered to be ingrossed . m r grafion one of the committees in the bill for repealing of certain statutes delivered in the bill with some additions , and shewed the reasons , and also delivered in both the bill and the additions . two bills did each of them pass upon the third reading ; of which the first was against common informers , and the second for the assurance of the jointure of anne the wife of henry nevill esquire , in which there were several amendments inserted . all which amendments being thrice read , in the end after some speeches had the bill was palled upon the question ; which said bill with another were sent up to the lords by mr. vice-chamberlain and others . the master of the wardrobe , one of the committees touching conference and search of precedents for resolution to be had upon the message of her majesty delivered unto this house by a committee of the lords concerning the passing of the bills against the abuses of purveyors and process and pleadings in the exchequer , sheweth , that they have met and travailed in the said commitment , and so reciting some particularities of their proceedings doth refer the residue of the report thereof unto mr. cook one other of the said committees , who likewise setting down at large the whole travail of their search and conference , concludeth their resolution to be ( if the house shall so think good ) that in most humble and dutiful wise this house by their own mouth mr. speaker do exhibite unto her majesty the causes and reasons moving this house to proceed in the two said bills in such sort as they had done ; which course after sundry other speeches was thought fittest by this house to be prosecuted , and best to stand with the liberties and the honor of this house ; and resolved further , that this their resolution might be imparted unto the lords , that with their lordships good favours this house meant so to do . and it was thereupon then also further thought good and prayed by this house , that mr. vice-chamberlain being a member of this house would be pleased at the humble petition of this house unto her majesty , to know her majesties most gracious pleasure what number of this house her majesty would vouchsafe to attend upon her highness with mr. speaker , and at what time . which resolution of the house touching their said course in proceeding , in shewing unto her majesty the causes and reasons of their dealings in the said bills against the abuses of purveyors and process and pleadings in the exchequer in such sort as they have done , was committed unto mr. vice-chamberlain and such others of the house as were sent up with the two last mentioned bills to the upper house , to signisie their said resolution at the same time unto their lordships . after which ( the bill touching the gaging of casks and other vessels , &c. having been read the second time , and committed unto mr. treasurer , mr. wroth , mr. alford and others ) mr. vice-chamberlain and the rest returning from the lords , he shewed , that according to the commission of this house they had delivered the message of this house unto those of the committees of the lords , from whom the committees of this house had before received this message from her majesty ; shewing them , that this house by their lordships good favours had determined to become suitors to her majesty , to render unto her highness the causes and reasons of their proceedings in the said two bills by the mouth of mr. speaker . and that thereupon ( he said ) they were then to hear , but not to answer . and that afterwards this house should hear further from their lordships . vide concerning these matters on saturday the th day , on monday the th day , and on thursday the th day of february foregoing ; as also on thursday the th day , saturday the th day , monday the th day of this instant march. on wednesday the th day of march , the bill concerning richard southwell had its first reading . mr. treasurer one of the committees in the bill against pluralities and non-residents ( appointed on saturday the first day of this instant march foregoing ) shewed the meeting and proceeding of the said committees , brought in the old bill and also a new bill , shewing the reasons of making the same new bill ; and doth in the names of all the said committees pray a present reading of the same new bill . whereupon the same was then read accordingly for the first reading . which done , upon a motion by sundry of this house for a second reading presently , mr. treasurer shewed unto the house , that all the residue of the said committees likewise willed him in the name of them all to move this house for a second reading of the same bill . whereupon the said bill was read the second time and ordered to be ingrossed . the bill for the maintenance of the pier of dover was read the second time , and after sundry speeches committed unto all the privy council being of this house , mr. mills , mr. alford , sir edward hobby and others , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . the bill against forestallers , regrators and ingrossers was read the first time , and upon further motion read again for the second reading , and upon the division of the house after the question , it was upon another question after the same division with the yielding of the negative voices ordered to be committed unto all the privy council being of this house , mr. john hare , mr. george moor , sir william moor , mr. grimston , mr. cromwell and others , who were appointed to meet on friday next in the exchequer chamber at two of the clock in the afternoon . sir thomas throckmorton knight , one of the knights returned into this present parliament for the county of gloucester , having lain sick here in london , is licensed to repair into the country to his own house for recovery of his health . on thursday the th day of march , three bills of no great moment had each of them one reading ; of which the second being the bill touching cordwayners , and the third concerning curriors were both of them upon the second reading committed unto mr. alford , sir william moor , mr. grafton , mr. thomas knyvet and others , who were appointed to meet upon saturday next at two of the clock in the afternoon in the guildhall . m r treasurer one of the committees in the bill touching mortmain bringeth in the bill with amendments , and in the name of himself and the residue of the committees prayeth the present two readings of the same amendments , and thereupon the same amendments were twice read accordingly . m r doctor awberry and m r doctor cary do bring word from the lords , that their lordships desire that the committee of this house which was with their lordships the last day , might now be sent to their lordships , for that now their lordships have charge from her majesty to make them answer . and thereupon the names of the committees being read , they were then presently sent to the lords , and the bill for maintenance of the haven of orford was then also sent up to their lordships by m r vice-chamberlain and the residue of the said committees . whereupon m r treasurer , one of the committees in the bill touching the gaging of casks , &c. having shewed their meeting about the same yesterday , and moved for another time of conference about the same , and that being appointed upon saturday next being the th day of this present march in the guildhall at two of the clock in the afternoon ; it was ordered , that the brewers and such others as shall think good may then and there be heard before the said committees what they can say . after which m r vice-chamberlain with the residue of the committees being returned from the lords do shew , that her majesties gracious pleasure is , that this house according to their suits and petitions have access to her majesty at the court between two and three of the clock in the afternoon of this present day by their speaker , accompanied only with ten more of this house besides himself , and two of the same ten to be of her majesties privy council being members of the same house . and thereupon were appointed for that purpose m r vice-chamberlain , sir john parrot , sir william moor , sir george cary , sir henry cobham , mr. morrice , mr. cook , mr. francis hastings , sir richard knightley , sir henry grey , with further order of this house , that mr. speaker do in his speech to her majesty make most humble petition and suit to her highness in the name of the whole house , that her majesty would vouchsafe her most gracious favour to the allowanee of the said bills touching the abuses of purveyors and the process and long pleading in the exchequer lately passed this house and sent up to the lords ; and that this house would willingly and most gladly have taken in the passing of the same bills any such other course whatsoever , as they might have any way known to have stood with her highness good liking and pleasure . vide concerning these matters on saturday the th day , on monday the th day , and on thursday the th day of february foregoing ; as also on tuesday the th day of this instant march last past ; and on saturday the th day , and on monday the th day , tuesday the th day , thursday the th day . on friday the th day of march , four bills of no great moment had each of them one reading ; of which the third being the bill for relief of thomas haselrigg esquire was read the first time . and thereupon it was ordered upon a motion , that mr. thomas drury gentleman should come into this house and be heard . who thereupon was brought in and heard accordingly . vide concerning this matter on friday the th day of february foregoing , and on tuesday the th day , and on wednesday the th day of this instant march ensuing ; as also on friday the th of the same month. the amendments in the bill touching the free grammar school of tunbridge in the county of kent were twice read . and andrew fisher gentleman after the reading of the said amendments being brought into the house , did presently give his assent unto the said bill . and then the bill upon the question was ordered to be ingrossed . m r vice-chamberlain after many and long arguments made to the said bill both with and also against the same , not only wisheth a deferring of further argument therein at large until to morrow , but also sheweth that mr. speaker and those others that were appointed by this house to have access unto her majesty yesterday in the afternoon , are to attend and wait upon her highness this present day in the afternoon at the court after the sermon , for that her majesty having been abroad yesterday in the air had taken a little cold , and therefore could not yesterday give them audience . which done m r morrice offering to speak to the said bill , is referred therein till to morrow . the bill against forestalling regrating and ingrossing ( committed on wednesday the th day of this instant march foregoing ) is this day delivered unto sir george barne one of the committees in the said bill . on saturday the th day of march mr. speaker shewed unto this house , that he and those others of this house who were appointed to attend upon her majesty had access unto her highness yesterday in the afternoon ; and that they received from her majesty most comfortable and gracious speeches in far better sort and measure than he was any way able to repeat or open unto them , of her highness great and inestimable loving care towards her loving subjects , yea more than of her own self , or than any of them have of themselves . and as to the parts of the present humble petition of this house unto her highness in the grievances by the purveyers and in the court of exchequer , it pleased her majesty to tell them , that for the one , to wit the abuses of purveyers , her highness of her own princely care towards her subjects had given order unto the late lord steward to address his letters unto all the shires of this realm for the due inquiry and certificate of the misdemeanors of purveyors in all places , for some courses thereupon to be had for convenient redress in the same : and that before any order could well be taken for accomplishing that good intended effect , the spaniards upon a suddain attempted the invasion of this realm ; by reason whereof ( her majesty said ) the said purpose was not performed . and so shewing further , that her majesty having as much skill , will and power to rule and govern her own household as any subject howsoever to rule and govern them without the help or aid of their neighbours ; so her majesty minding very carefully of her own more great love and affection towards her dutiful and loving subjects ( whose most faithful and approved good love and fidelity towards her she more esteemeth than all the treasures of the world besides ) very shortly to cause a collection to be made of all the laws already in force touching purveyors , and also all the constitutions of her highnesses household in that case , and thereupon by the advice of her judges and her learned council to set down such a form and plot for the said redresses yea and that before the end of this present session , as shall be as good and better for the ease of the subjects than that which this house had attempted without her privity , and in which they would have bereaved her majesty the honour , glory and commendation of the same . and touching the exchequer she said , it was her chamber , and so more near unto her than the household : and that in the tenth year of her raign her majesty had caused certain orders and constitutions to be set down for the due and fit course of such things in the said court as her subjects seem to be grieved for . vide concerning this matter on saturday the th day , on monday the th day , and on tuesday the th day of february foregoing ; as also on tuesday the th day , and on thursday the th day of this present march. the committees in the bill for the pier of dover and hartilpool ( appointed to meet this day on friday the th day of february foregoing ) are defered till monday next in the afternoon at two of the clock in the former place . m r serjeant shuttleworth and m r doctor awberry do bring from the lords two bills ; of which the first was an act for the maintenance of houses of husbandry and tillage , with commendation of the same bills to the good consideration of this house to be dealt in by the house with all convenient speed that may be . m r morrice and divers other members of this house arguing to the bill last read yesterday , it afterwards in the end passed upon the question . m r edward cook esquire one of the burgesses returned into this house for the borough of alborow in the county of suffolk is for his necessary affairs licensed to depart . on monday the th day of march , two bills of no great moment had each of them one reading ; of which the second being the bill touching writs of covenant , &c. was read the third time , and a proviso for the lord powes and sir edward herbert and their heirs , was thrice read , and after many speeches both with the bill and against the bill , the said bill was dashed upon the question . the bill against pluralities and non-residents lately passed this house was sent up to the lords by m r treasurer and others , who returning again from thence with the said bill shewed , that their lordships would be ready for them half an hour hence , and willed them then to come again . upon which report it was thought good to attend their said lordships leisure therein half an hour hence accordingly . and afterwards the said bill was sent up by the said m r treasurer and others . the bill for the maintenance of the pier of dover with a note of the committees names are delivered to m r wroth one of the committees in the same , who were appointed on friday the th day of february foregoing . the bill for granting of four fifteenths and tenths and two entire subsidies to her majesty , being ordered upon the question to be read , was then read for the third reading , and passed upon the question accordingly . on tuesday the th day of march the bill for relief of the city of lincoln was upon the second reading committed unto m r john stubbs , the burgesses of norwich , the burgesses of york and others , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . m r treasurer one of the committees in the bill for repairing of dover-haven ( appointed on friday the th day of february foregoing ) shewed , that the said committees have met and travailed in the said bill , and do think good that concerning some things in the same there be a conference prayed with the lords ; and thereupon it was assented , that the bills last passed in this house should presently be sent up , and withal to make that request also unto their lordships accordingly . after which the bill touching pleadings in actions of trespass under the value of forty shillings , having had its last reading this morning and passed the house , was with the subsidy bill sent up to the lords by m r treasurer and others , with commission to pray conference with the lords touching the amendments desired by this house to be made in the said bill for dover-haven . three bills of no great moment had each of them one reading ; of which the last being the bill concerning the bringing in of salted fish and salted herrings , was upon the second reading committed unto mr. treasurer , mr. comptroller , sir john parrot , mr. vice-chamberlain , the burgesses of orford , alborow , york , norwich , lincoln , lin and barwick and others , who were appointed to meet to morrow at two of the clock in the exchequer chamber . m r doctor awberry and m r doctor cary do bring from the lords the bill lately passed this house for assurance to be made of the jointure of anne the wife of henry nevill esquire with some amendments , which their lordships pray to be considered of by this house . m r treasurer and the residue returning from the lords , he shewed , that they have had conference with the lords touching some parts of the said bill for dover-haven , and reciting some particularities of the same shewed , that the lords can like of such course of amendment as by the said committees of this house was moved unto them , if the house shall think good to set down and require those amendments . and thereupon this form of amendment was assented unto by this house , viz. linea . after the word [ and ] put out all that followeth unto these words [ be it ] in the th line put out all from the end of the th line unto this word [ that ] in the th line . sir edward hobby , m r markham , m r buckley and mr. peter evers were added to the committees in the bill for the city of lincoln ; and the bill with the names was delivered to sir edward dymock one of the committees . on wednesday the th day of march , five bills of no great moment had each of them one reading ; of which the last being the bill against aliens and strangers retailing of foreign wares , was upon the second reading committed unto mr. vice-chamberlain , mr. comptroller , sir robert jermin , sir william moor and others , who were appointed to meet upon friday next at two of the clock in the afternoon in the exchequer chamber . sir john parrot one of the committees for the pier of hartilpool brought in the bill in the name of himself and the residue of the said committees . the bill for the pier of hartilpool aforesaid was read the third time , and after many arguments both with the bill and likewise against the bill , it was deferred to be further disputed and argued unto to morrow . on thursday the th day of march , three bills of no great moment had each of them one reading ; of which the last being the bill touching richard southwell was upon the second reading committed unto mr. secretary wolley , mr. john stanhope , mr. haydon , mr. recorder of london and others , who were appointed to meet in the exchequer chamber upon saturday next at two of the clock in the afternoon . the bill concerning leases made of lands parcel of the possessions of the bishoprick of oxford , was upon the second reading committed unto mr. treasurer , the master of the wardrobe , mr. cromwell , the knights for the county of oxford , mr. oglethorp and others , who were appointed to meet upon saturday next in the afternoon at two of the clock in the exchequer chamber . the bill for repealing of certain statutes with some amendments was read , and afterwards referred to be further considered of by mr. grafton , mr. harris and mr. cromwell , and the bill was then delivered to mr. cromwell . the amendments in the bill for the maintenance of dover-haven being opened to the house , and the bill read in such sort amended , was passed upon the question after a proviso offered for the cinque-ports first refused upon another former question . mr. doctor ford and mr. doctor cary do bring from the lords the bill lately passed this house and sent up to their lordships for the better recovery of costs and damages against informers , and passed since by their lordships with a proviso and some amendments annexed to the same bill . after divers arguments both with the bill and against the bill ( but whether it were the bill last ) before-mentioned to have been sent down from the lords it appeareth not , although it seemeth to have been the same ) and after a proviso received upon the question and some amendment also of one word in the bill , viz. sunderland to be put in the th line , and the word soulderland to be put out of the bill ; and the said bill with the proviso and amendment aforesaid being put to the question was dashed upon the question , and also upon the division of the house by the advantage of three persons , viz. with the yea a hundred twenty six , and with the no a hundred twenty nine . the bill touching the bringing in of salted fish and herrings into this realm was delivered to mr. wroth one of the committees in the same . on friday the th day of march , three bills had each of them one reading ; of which the second being the bill for the town of barwick was read the second time , and thereupon committed unto mr. cromwell , mr. grimston , the burgesses of barwick , mr. robert bowes and others , and the bill was delivered to mr. cromwell , who with the rest was appointed to meet this afternoon at two of the clock in the exchequer chamber . the bill touching the children of aliens and denizens was upon the second reading committed unto the committees in the bill for retailers ( appointed on thursday the th day of this instant march foregoing ) and for both to meet to morrow in the afternoon in the exchequer chamber . two bills lastly had each of them one reading ; of which the first being the bill touching mortmain was read the third time , and some amendments then made being thrice read also , was after many arguments both with the bill and against the bill , passed upon the question . mr. serjeant shuttleworth and mr. powle do bring from the lords the bill for the preservation of the haven of orford in the county of suffolk lately passed this house , and since passed with their lordships with a proviso by them added in their passing of the same , which proviso being thereupon presently thrice read , the same proviso then passed also upon the question . on saturday the th day of march , three bills had each of them one reading ; of which the third being the bill to avoid horse-stealing had its first reading . the amendments in the bill for relief of the city of lincoln being twice read , and the bill also read in such sort amended , the bill was upon the question committed to the former committees , and unto m r vice-chamberlain , sir john parrot , m r alford , the master of the wardrobe , sir robert jermin and others , who were appointed to meet this present day at two of the clock in the afternoon in the exchequer chamber . mr. doctor clark and mr. doctor stanhop did bring from the lords a bill against the erecting and maintenance of cottages . the former committees were appointed on mar. . tuesday . the bill and committees names concerning leases made of the lands parcel of the possession of the bishoprick of oxford , was delivered to mr. treasurer one of the committees ; and so likewise the bill and committees names touching aliens and strangers retailing of foreign wares , and also touching the children of aliens and denizens . the bill and committees names concerning richard southwell esquire was delivered unto mr. george moor one of the committees in the same . the amendmènts in the bill for relief of the curriers being twice read , the bill was ordered upon the question to be ingrossed . on monday the th day of march , four bills of no great moment had each of them one reading ; of which the last being the bill for pursuit of hue and cry , was upon the second reading committed unto mr. vice-chamberlain , mr. shirley , mr. harris , mr. wroth , sir william moor , mr. william fleetwood and others , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . the bill for pleading at large in an ejectione firmae had its first and second reading , and an amendment twice read , and upon the question ordered to be ingrossed . the bill touching forestallers , regrators and ingrossers was brought in by mr. treasurer one of the committees without any thing done , and further report made ; and so likewise the bill for denizens children . mr. speaker signified unto the house , that her majesties gracious pleasure was , that it be signified unto them , that four of this house be specially chosen to have conference with some of the lords of her highness most honourable privy council and other officers of her houshold for convenient orders and constitutions to be made for ..... but what should here follow is by the great negligence of mr. fulk onslow at this time clerk of the house of commons wholly omitted ; yet it should seem that her majesty did now by mr. speaker send word to the said house , that upon the above-mentioned conference so had and passed according to her majesties prescription , the said house might proceed in the two bills so often before agitated on saturday the th day , on monday the th , and on thursday the th day of february foregoing , and on tuesday the th day , thursday the th day , saturday the th day of this instant march preceding touching purveyors and some exacted fees in the exchequer : which the rather may be gathered , because ( it should seem ) the house did presently upon this message appoint the committees in either bill a time for their meeting to consider of them accordingly . and yet this also is set down in the said journal-book very imperfectly in these words only following , viz. for the purveyors this afternoon , and for the exchequer to morrow in the afternoon . after many speeches touching the present state of the paper-book of the bill for relief of thomas haselrigg esquire being altered in some parts differing from the ingrossed bill in parchment since the ingrossing of the same bill ; it is upon the question ordered , that the said paper-book shall be by the clerk of this house reformed again in all parts of the same agreeably to the said ingrossed bill ; and that thereupon the said ingrossed bill should be then read accordingly , which was so thereupon read for the third reading . and upon the question in the th line these words [ one well experimented in slights and deceits as is supposed ] were put out and these words were put in the th line after the word [ further ] and these words [ or his heirs ] in the six and twentieth line after this word [ haselrigg ] in the same line ; which amendments being three times read , and the bill passed upon the question , the same bill was thereupon delivered to sir edward hobby to be by him carried to m r treasurer and those others who were but lately before gone up to the lords with five other bills : to the end they might then also deliver that bill likewise to the lords with those others ; of which one , being the principal , was for the assurance of certain lands and tenements to the maintenance of the free grammar school of tunbridge in the county of kent . m r serjeant puckering and m r attorney general coming from the lords , the said mr. serjeant brought a bill from the lords for confirmation of a subsidy granted by the clergy , with an instrument of the same under seal , and a bill touching horses , armour and weapons , with very special commendation of the same bills as things of very great importance . and the said mr. attorney brought again from the lords the bill for the relief of thomas haselrigg esquire , this present day passed in this house , and afterwards sent up to their lordships , but ( as he said ) brought up but with four or five members of this house in sort not erst accustomed ; whereof as their lordships did much marvel , so did they return the same bill back unto this house again , not any way misliking of the bill at all , but that it might by further consideration of this house be sent up again when this house should think good , with a greater number of the members of this house after their accustomed manner whereby their lordships might think the bill had passed this house with good and full liking of the same : and said further , that their lordships commanded him to desire mr. speaker to put this house in remembrance , for the speedy proceeding of this house in the bills sent from their lordships unto this house , and some of them specially recommended from their lordships to this house , whereof the said lords did name five , viz. one concerning captains and souldiers , another touching excess of apparel , a third touching houses of husbandry and tillage , a fourth against horse-stealing , and the fifth against the erecting and maintenance of cottages , as very necessary laws for the common-wealth : and that therefore their lordships do eftsoons desire the said bills may with all convenient speed be considered of and expedited , especially for that it is very like that this parliament draweth near unto an end . which being reported unto the house by mr. speaker , the said bill for haselrigg was presently sent to the lords by the master of the wardrobe and a convenient number of others . two bills lastly of no great moment had each of them one reading ; of which the second being the bill to avoid horse-stealing was read the second time . on tuesday the th day of march the bill for repeal of certain statutes was brought in again without any report by m r harris one of the committees . four bills upon the third reading having passed this house were sent up to the lords by m r treasurer and others ; of which two of them were , one touching forcible entries , and the other concerning pleading at large in an ejectione firmae . two bills also had each of them their third reading ; of which the second was the bill for the relief of the curriours ; and after some amendments added unto it being likewise read three times , the bill was upon the question and the division of the house dashed by the difference of thirty voices , viz. with the yea ninety , and with the no one hundred and twenty . mr. treasurer one of the committees in the bill against strangers retaylers of foreign wares ( appointed on wednesday the th day of this instant march foregoing ) brought in the bill again with some amendments , which were not then read . after divers motions it is ordered upon the question , that the serjeant of this house do bring in thomas drury gentleman into this house to morrow at ten of the clock in the forenoon , to answer unto those things which he shall be charged with , as well on the behalf of this whole house , as of some particular member of the same . vide concerning this business on friday the th day of february foregoing , and on friday the th day of this instant march last past , as also upon wednesday the th day of the same march ensuing . mr. doctor clark and mr. doctor cary do bring from the lords two bills ; of which the last was that children of aliens shall pay strangers customes . and a little after the foresaid doctors did bring word from the lords , that their lordships do desire conference to morrow at eight of the clock in the morning with those of this house , which were committed in the bill that lately passed in this house for the true payment of the debts of thomas hanford ; for that their lordships having sent for the said hanford to his house , and not finding him there , left peremptory order for his repair to their lordships at a day already past , and wherein he hath failed of his appearance before them ; and shew further , that their lordships have appointed six of themselves for that conference , to wit , two earls , two barons and two bishops ; and thereupon m r cromwell , m r markham , m r recorder of london , m r faunsham , m r osborn , and m r francis hastings were added to the former committees , and to attend upon the said committees of the lords to morrow at eight of the clock in the forenoon according to the said appointment of their lordships . the bill against erecting and maintenance of cottages was upon the second reading committed unto mr. vice-chamberlain , sir henry knyvet , mr. wroth and others , and the bill was delivered to mr. vice-chamberlain , who with the rest was appointed to meet to morrow in the afternoon at two of the clock in the exchequer chamber . the bill for relief of the city of lincoln was brought in by mr. vice-chamberlain one of the committees in the same , who shewed , that they have met and conferred upon the same bill , and have amended it in four parts thereof , and sheweth wherein , leaving the same to the further proceeding of this house in the expediting thereof . mr. vice-chamberlain shewed that he and divers others of the committees of this house met yesterday in conference about the matter touching abuses of purveyors , and received all such informations as were then delivered unto them , which ( he said ) were very many and foul and some of them offered to be proved true in such sort as the same had been reported unto them ; and so moving this house to make choice of four of the members of the same to be specially selected to attend upon the lords in the said matter according to her majesties said pleasure formerly signified unto them by mr. speaker , sir henry kuyvet , mr. thomas cromwell , mr. john hare and mr. robert wroth were thereupon nominated for that purpose and ordered and assented that all the members of this house might at their pleasure ( in the mean time of the said conference so to be had with the lords ) repair unto the said sir henry knyvet , mr. thomas cromwell , mr. john hare and mr. robert wroth and to every or any one of them , with such instructions either in writing or by information otherwise as they shall think fit , for the better furnishing of the same sir henry knyvet , mr. cromwell , mr. hare and mr. wroth , with matter against the time of the said conference to be had with the lords . nota , that this house having formerly dealt in this matter , and in reforming some exactions of the exchequer , had been forbidden by her majesty to deal any further therein ; and yet afterwards upon some new considerations had leave for their further proceeding in the said matter , as see before on saturday the th day and on thursday the th day and on monday the th day of february foregoing , and on tuesday the th day , thursday the th day , saturday the th day and on monday the th day of this instant march last past . mr. vice-chamberlain one of the committees in the bill of hue and cry ( appointed on saturday the th day of this instant march foregoing ) shewed , that in respect of other particular attendance committed unto him in her majesties service elsewhere , he could not be at the said commitment this afternoon ; and therefore prayed he may be excused and some other appointed in his stead . whereupon presently sir john parrot and the master of the wardrobe were added to the former committees ; and the said mr. vice-camberlain withdrawn : and the bill together with the names of the committees was then delivered to the said sir john parrot . on wednesday the th day of march the bill concerning glass-houses and glass-furnaces was upon the second reading committed unto sir william moore , mr. george moore , mr. markham and others , and the bill was delivered to sir william moore , who with the rest was appointed to meet in the exchequer chamber at two of the clock this afternoon . the bill for the lady gressam was upon the second reading committed unto mr. cromwell , mr. grafton , mr. grimston , mr. recorder of london and others , who were appointed to meet in the exchequer chamber to morrow in the afternoon at two of the clock . the bill against discontinuances in writs of error in the courts of exchequer and the kings bench , was read the second time , and upon further motion was read again for the third reading thereof , and so passed upon the question . the master of the wardrobe one of the committees in the bill touching leases of the lands parcel of the possession of the bishoprick of oxford , brought in the same bill , with report that the said committees do think the same bill not meet to be further dealt in by this house . the bill concerning captains and souldiers was read the second time , and after the doubtfulness of the voices upon two several questions for the commitment thereof , was upon the division of the house by the difference of thirty five persons ordered to be committed , ( viz. with the yea one hundred thirty one , and with the no ninety six ) unto all the privy council being of this house , sir henry knyvet , m r wroth , m r lieutenant of the tower , m r north and others , who were appointed to meet upon friday next in the exchequer chamber at two of the clock in the afternoon . sir john parrot one of the committees in the bill touching hue and cry brought in the bill again with report , that the committees have met and conferred upon the same bill , and finding good laws in force already touching that matter are of opinion , that in respect also partly of the shortness of this parliament likely to ensue , the said bill may be reserved to be further considered of in another session . thomas drurie gent. being brought to the bar was charged by m r speaker in the name of this whole house with great and deep offences committed by him against the whole state of this house in general , in having untruly reported and given out both to some of the lords in the upper house , and also to divers others persons elsewhere , that he could have no justice in this house , nor could himself be heard , nor have his witnesses in his cause heard , neither in the house nor before the committees , and also against divers members of this house in particular , in offering unto some of them great threats , and to some others of them great sums of money to speak in this house for him and not against him , and likewise in using of hard speeches both to some of them and of some of them , to the great discredit , wrong and prejudice both of the whole state of this said house in general , and also of divers members of the same in particular ; for that in very deed he had been heard at large both in this house and also before the committees : and for that likewise sundry of his misbehaviours towards divers members of this house were directly proved in this house against him , to the full satisfaction of this house in the same . and so was required by m r speaker to answer therein for himself . whereupon the said thomas drurie in very humble sort and good terms sought to excuse himself , not directly acknowledging any the said offences , but humbly craving pardon of this house , if he had committed any such . and then being sequestred the house till his said pretended speeches of excuse and conditional form of craving pardon were considered of , it was by divers of the members of this house , grieved and touched with his said misbehaviours , delivered in their motions and speeches , that as for their own particular they could be pleased upon his consession of his said offences and his due submission thereupon to remit the same , so in regard of the publick injury by him done to the whole house , they referred the further consideration thereof to the same house . it should seem that these speeches and misdemeanours of thomas drurie gentleman were accasioned by a certain bill ( which passed the house against him upon monday the th day of this instant march foregoing ) for the relief of thomas haselrigg esquire ; of which matter see on friday the . day of february preceeding , and upon friday the th day and on tuesday the th day of this instant march last past , and upon friday the . day of this said month. which very bill also having been this day read secunda & tertia vice in the upper house , ( and having had also its first reading before with the lords ) was by them concluded and sent down to the house of commons , and now brought to them ( whilest it should seem they were in agitation of these misdemeanours of the said thomas drurie ) by m r doctor ford and m r doctor stanhop , with some amendments ; but the sending down of the said bill is omitted in the original journal-book of the said house . on thursday the th day of march two bills had each of them one reading ; of which the second being the bill for continuance and perfecting of divers statutes was upon the second reading committed unto m r morrice , m r hare , m r wroth and others ; and the bill was delivered to m r wroth , who with the rest was appointed to meet in serjeants-inn hall in fleetstreet this present day at two of the clock this afternoon . the amendments in the bill for the relief of the city of lincoln being twice read , the bill was upon the question ordered to be ingrossed . the amendments in the bill for the relief of george ognell esquire were twice read , and after many arguments was deferred from the question of ingrossing , till my lord of warwick's council be further heard ; which was first apponited to have been done to morrow at two of the clock , but upon a further motion of m r sutton , alledging my lord of warwick not to be in town , is deferred till monday next at . of the clock . m r doctor stanhop and m r powle do bring word from the lords , that touching the bill lately passed this house against secret outlawries , and sent up unto their lordships , they have considered thereof with some advice of the judges , and do pray that some six of this house do meet this afternoon at two of the clock in the chamber of the lord chief justice of the common pleas at serjeants-inn in fleetstreet , that thereupon some such good course may be taken , as the same bill may be made to become a law. and thereupon were then nominated for that purpose m r alford , m r john hare , m r harris , m r white , m r shirley , m r grafton , m r cromwell , and appointed to meet at two of the clock this afternoon at the said serjeants-inn in the chamber there of the said lord chief justice of the common pleas. m r vice-chamberlain one of the committees in the bill against the erecting and maintenance of cottages shewed , that the committees have met together and considered of the same bill , and in their own opinions have thought good , that some things in the same bill were very meet to be put out of the same , and some other things to be put in ; and also a proviso fit to be added to the same , and shewed how and wherein . and moved further , that some of this house may be sent to the lords to pray conference which their lordships touching the said amendments and proviso for the passage of the said bill . whereupon m r vice-chamberlain and sundry other of the former committees were presently sent to their lordships to move for conference , and the bill lately expedited and passed in this house against discontinuances in writs of error in the court of exchequer and the kings bench was then sent up by them unto their lordships . vide de ista materia in fine hujus diei . four bills of no great moment had each of them one reading ; of which the last being the bill against abuses in election of scholars and presentations to benefices had its first reading , and then read also again for the second reading of the same , and was committed unto m r treasurer , m r vice-chamberlain , m r secretary wolley , the master of the wardrobe , sir philip butler and others , and the bill was delivered to m r treasurer , who with the rest was appointed to meet at two of the clock this afternoon in the exchequer chamber . sir edward hobby , m r shirley , m r francis moor and m r morrice for the exchequer matter . it should seem that these were appointed to consider of the bill referred before upon friday the th day of february , touching certain exactions imposed upon the subject by certain officers of the exchequer ; which is the more plain , because sir edward hobby , who then preferred it and obtained the first reading thereof , is here named in the first place now again to consider of it ; which it seems was occasioned by the stopping of this bill , and another touching purveyors by reason of her majesties dislike , and the entring of the house again upon the treating of them after her highness had been fully satisfied with their clear and honest intentions therein . concerning which matters see more on saturday the th day , on monday the th day , and on thursday the th day of february foregoing ; as also on tuesday the th day , thursday the th day , saturday the th day , monday the th day , and on tuesday the th day of this instant march last past . m r vice-chamberlain and the residue returning from the lords he shewed , that they have had conference together with a committee of the lords , and that their lordships after some long and effectual arguments used by them for maintenance of all the parts of the said bill in sort as the same bill now is , without any great cause or necessity of such amendments as this house doth require in the same ; their lordships yet nevertheless were pleased to gratifie the house in yielding to assent unto their request of the same amendments ; wishing withal that this house in the same their amendments would have consideration of such cottages as might happen to be erected for the burning of lime or making of brick , during the time only of such burning of lime or making of tyles and bricks . on friday the th day of march , four bills of no great moment had each of them one reading ; of which the third being the bill for the repeal of certain statutes was read the third time and passed upon the question . m r vice-chamberlain , m r de-la-bar , m r palmer and others are appointed to meet this day in the afternoon in the exchequer chamber at two of the clock for the glass-houses . the bill against excess in apparel was upon the second reading committed unto m r comptroller , m r lieutenant of the tower , m r cromwell , m r jones , m r morrice and others , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . the amendments made by the lords in the bill for the relief of thomas haselrigg esquire , and in the bill for the better recovery of costs and damages against common informers , before passed this house and sent up unto their lordships , and the proviso added by the lords to the said last recited bill , were three times read , and the same proviso and amendments were thereupon passed upon the question accordingly . m r vice-chamberlain one of the committees in the bill against the erecting and maintenance of cottages shewed , that since their conference with the lords yesterday he and the residue of the same committees have met together and agreed upon the setting down of such further amendments in the said bill as were liked of both by the committees of the lords and also by the committees of this house : and thereupon the said amendments and the proviso also being twice read , the said proviso was ordered to be ingrossed . m r treasurer one of the committees in the bill against abuses in elections of scholars and presentations to benefices shewed , that the committees have met together and considered of the said bill , and have devised some amendments to be made of the same ; which amendments being then opened to the house and read and liked well of , and also an addition to the same bill offered by m r wroth being likewise open and read to the house and liked well of , he moved that congerence might be prayed of the lords touching the same amendments and addition for the better passing of the said bill : whereunto this house assented accordingly . m r serjeant puckering and m r doctor awberry do bring from the lords a bill concerning the almeshouse of lamborn in the county of berks , with further message from the lords , that their lordships desire that m r speaker would put this house in remembrance to have care of speedy expediting the bills they have in hand , the rather for that this parliament draweth near unto an end ; and to shew them withal that her majesty is very desirous that this parliament should end before easter if it might be without lett or hindrance to the passing of those good laws that they are in hand with for the good of the common-wealth , and wisheth very earnestly it might end upon wednesday next . and their lordships do likewise desire that this house would have care of the good laws passed with their lordships and sent down to this house , and especially that concerning horses , armour and weapons ; which as they did recommend unto this house from themselves , so do they now in like sort recommend the same from her majesty by her highness special direction . and that their lordships do further pray , that if this house have any bills ready , they would send them unto their lordships , who will deal in the same very willingly having now leisure . three bills which passed this house this present day , two of which were , one for repeal of certain statutes , and the other for the naturalizing of joice lambert , were sent up to the lords by m r treasurer and others , with commission further to pray conference with their lordships touching the said amendments and addition to the said bill against abuses of elections of scholars and presentations to benefices . the bill for relief of the city of lincoln was read the third time , and after many arguments both with the bill and against the bill , passed upon the question , with the difference of fifty three persons , upon the division of the house , viz. with the bill a hundred and eighteen , and against the bill sixty five persons . which difference being reported to the house , the bill was afterwards according to the antient orders of this house in such cases , carried out and brought in again by m r vice-chamberlain with the bill in his hand , followed and attended on by all the members of this house then present , as well those that had first before given their voices against the passing of the said bill , as those that had given their voices with the passing of the same . m r treasurer and the residue returning from the lords he shewed , that they had conferred with their lordships touching the said amendments and addition to the said bill against the abuses in election of scholars and presentations to benefices ; and that their lordships do like very well of the same : and do further wish that this house in their said amendments would have a further consideration also for notice to be given in some cases to the patrons of benefices which may happen to become void in some sort by reason of some part of the law intended in the said bill , and referred them therein further for the better explanation thereof unto mr. morrice one other of the said committees , unto whom then the said bill was thereupon delivered to be provided for likewise in that point accord ingly . upon a motion made by mr. francis hastings for the setting at liberty of thomas drury gentleman , lately committed by this house to the serjeants custody , the said thomas drury was presently brought to the bar and discharged by mr. speaker in the name of the whole house , paying his fees. vide concerning this business upon friday the th day of february preceeding , and upon friday the th day , tuesday the th day , and on wednesday the th day of march last past . upon a motion made by mr. markham on the behalf of mr. aylmer , that with the good favour and liking of this ..... but what should here follow is wholly omitted by the negligence of mr. fulk onslow clerk of the house of commons ; although it should seem , that this motion made by mr. markham was in the behalf of mr. aylmer against mr. puleston touching the invalidity of his election for knight of the county of denbigh in wales . of all which matters see on wednesday the th day , monday the th day , and on wednesday the th day of february foregoing . on saturday the th day of march mr. palmer one of the committees in the bill touching the gaging of casks and other foreign vessels , bringeth in the bill with some amendments and provisoes . the same amendments and provisoes being twice read , the bill was upon the question ordered to be ingrossed . two bills of no great moment had each of them their first reading ; of which the first was , that children of aliens shall pay strangers customs . mr. cromwell one of the committees in the bill for continuation and perfecting of divers statutes , bringeth in the bill with some additions , and shewing the same prayeth the reading thereof , which were afterwards twice read , and the said bill and additions upon the question were ordered to be ingrossed . mr. treasurer one of the committees in the bill against election of scholars and presentations to benefices , bringeth in the amendments in all parts reformed according to the assent of this house therein yesterday , referring the residue of the report thereof to be made unto this house by mr. morrice , who shewing all the parts of the same , the said amendments and proviso were twice read , and then the same proviso being ready ingrossed in parchment and examined by the paper-book , was offered to the house for the more speedy expediting of the said bill , which with the amendments and proviso aforesaid were read , and the said bill in such sort being put to the question , passed accordingly . four bills were sent up to the lords by mr. treasurer and others ; of which the two first were , one for relief of the city of lincoln , and the other against abuses in elections of scholars and presentations of benefices with the amendments and a proviso . the bill concerning the almeshouse of lamborn in the county of berks , was upon the second reading committed unto mr. vice-chamberlain , mr. alford , mr. hill , mr. morrice , mr. graston , mr. francis moore and others who were appointed to confer presently in the committees chamber . four bills of no great moment had each of them one reading ; of which the second being against the false packing of hops was read the third time , with the words [ authority royal ] inserted in the bill twice read , and these words also [ this act to continue to the end of the next session of parliament ] thrice read , but this bill was upon the question dashed . mr. doctor carew and mr. poole did bring from the lords the bill for the better assurance of certain lands and tenements to the maintenance of the free grammar school of tunbridge in the county of kent , before passed this house and sent up to their lordships , and now passed also by their lordships with some amendments therein offered by them to this house . the bill against the erecting and maintenance of cottages in former sort amended , together with the proviso to the same bill , being all the third time read passed upon the question accordingly . on monday the th day of march m r anderson was licensed to depart about her majesties service . two bills had each of them one reading ; of which the first being the bill concerning glass-houses was brought in by m r de-la-bar one of the committees , in sort as it was delivered unto them , and thereupon being twice read was after sundry speeches and division of the house ordered to be ingrossed , viz. with the yea one thirty five hundred and with the no forty three . m r vice-chamberlain one of the committees in the bill touching captains and souldiers shewed , that the committees have met and conferred the bill with the old laws already in force , and finding many imperfections both in the old laws and also in the new law offered by the said bill , shewed forth a note collected of the same imperfections , and also of sundry sharp and dangerous points in both the same laws , and especially in the said later law , which was thereupon then read accordingly . m r comptroller one of the committees in the bill against excess of apparel shewed likewise the meeting and travail of the committees in the same bill , with some amendments thought fit by them to be added to the said bill , which amendments were also then read in the house and refered to be further considered of afterwards , and more fully and advisedly compared with those laws which are already in force . the bill for continuation and perfecting of divers statutes had its third reading , and after some speeches and motions for some reformations and additions was passed upon the question without any such reformation or addition at all . five bills were sent up to the lords at two several times this day , the first four being of no great moment by m r treasurer and others , of which the last was the bill for the continuance and perfecting of certain statutes ; and the fifth touching the gaging of casks and other foreign vessels was sent up by m r comptroller and others , which said bill had passed the house this very morning a little before it was sent up . m r tasborough one of the committees in the bills concerning jurors and freeholders shewed , that the committees have met and had conference together about the same bill , and having used also therein the privity and advices of the judges , and also of some of her majesties learned council , have thought good to make a new bill for that purpose , and so offered the same new bill , and prayed the present reading of the same , which was thereupon then read accordingly . and afterwards upon a further motion the same was read again for the second reading , and ordered upon the question to be ingrossed . m r doctor clark and mr. doctor awberry do bring word from the lords , that their lordships do pray conference with some of this house in the bill concerning captains and souldiers , and in the bill against excess of apparel , this present day at two of the clock this afternoon in the council chamber at the court. which being signified unto this house by mr. speaker , it was ordered thereupon that the former committees in both the said bills should attend their lordships at the said time and place . and the names of the committees in both the said bills were read by the clerk. and that mr. morrice one of the said committees in the said bill concerning captains and souldiers should shew unto their lordships the great imperfections conceived by this house in the same bill , and also the reasons ( if their lordships should require it , and else not ) without any further conference or reply unto any answer to be made by their lordships unto the said reasons of this house so as before to be rendred . after which the aforesaid doctors did bring from the lords the bill touching forcible entries with amendments , which lately passed this house , and was sent up to their lordships ; and thereupon the same bill was referred over to be further considered of touching the same amendments , unto mr. morrice , mr. harries , mr. atkins , and others ; and the bill was delivered to mr. harries , who with the rest was appointed to meet this afternoon at four of the clock in the middle-temple hall. thomas shuter and humfrey wall returned into this house burgesses for the borough of lemster in the county of hereford , are for their special and necessary businesses licensed to depart . on tuesday the th day of march it was ordered upon the question , that both the learned councel of the lord of warwick , and of george ognell do attend this house to morrow in the morning , and that the serjeant of this house do make the said earl of warwick privy unto the same . mr. treasurer reported , that he and the residue appointed by this house to attend the lords yesterday at court touching the bill of captains and souldiers , were there accordingly , and shewed unto their lordships the opinion of this house touching the same bill ; and that their lordships did make answer unto the same : but what their answers were , is wholly omitted through the negligence of the clerk. mr. doctor carie and mr. powle do bring word from the lords , that their lordships do desire present conference with some of this house in a bill for continuation and perfecting of certain statutes ; and thereupon it was , upon relation thereof made to the house by mr speaker , ordered , that the former committees in the same bill and divers others now added unto them , be presently sent to their lordships accordingly , and withal the bill for confirmation of two subsidies granted by the clergy , and the bill touching jurors ( both which passed the house this morning ) and the bill touching the free school of tunbridge in kent were sent up to their lordships by mr. vice-chamberlain and others , with request of this house for special commendation to be made to their lordships for their favourable considerations of the said bill touching the said jurors . the bill for maintenance of houses of husbandry and tillage was upon the second reading committed unto all the privy-council , mr. cromwell , mr. wroth and others , to meet this afternoon at two of the clock in the exchequer chamber . the bill that the children of aliens shall pay strangers customs was read the second time , and after many speeches both ways it was committed to the former committees to meet at the said former time and place , and both the same bills were delivered to mr. vice-chamberlain . on wednesday the th day of march the bill concerning denizens children was read the second time ; the bill also against strangers retailing of foreign wares was amended by the committee ( appointed on wednesday the th day of this instant march foregoing ) which said amendments being brought in by them with the bill were now twice read , although it be mistaken in the original journal-book , that the bill it self had its second reading . mr. doctor cary and mr. powle did bring from the lords the bill against privy and secret outlawries , which had its first reading . sir john parrott shewed that her majesty told him , that she thought it requisite that provision were had for her majesty as well as for her subjects against the imbozelling and purloining of her armour , weapons and other habiliments of war ; and offereth a bill to the house to that end , and prayeth a present reading of the same . the bill against imbezelling of armour , munition and other habiliments of war was twice read and ordered to be ingrossed , and read the third time and passed upon the question , and presently sent up to the lords by sir john parrot and others . the house was this day called , and the defaults noted ( upon a former motion this day made by sir john parrot ) by her majesties pleasure , upon some intelligence given to her highness of the small number of the members of this house presently attending the service of the same , the one half at the least supposed to be absent . mr. vice-chamberlain and the residue of the committees returning from the lords , he shewed , that according to the commission of this house they prayed conference with their lordships touching such parts in the bill concerning houses of husbandry and tillage , as this house had thought meet to be considered of ; and that thereupon their lordships asked them , if they then were ready for conference . whereunto he and the residue answered , they were . and thereupon ( the committees of this house being sequestred ) their lordships did send unto them a committee of themselves , unto whom he and the residue of the committees of this house did impart the opinion of this house touching the said bill , together with such amendments of the same as this house prayed their lordships assent and good-liking unto . and that thereupon the committees of the lords willing the committees of this house to stay a while for answer went in again to the lords , and some of them shortly after returning brought from their lordships this answer , that we of this house were possessed of the said bill and might do therewith as should seem good unto us ; and that when it should come back again to them , their lordships would then likewise do therewith as they should think good . on thursday the th day of march the bill against secret outlawries had its second and third reading , and passed upon the question . the councel learned both of the earl of warwick and also of george ognell were brought into this house to the bar and heard at large , and then sequestred again ; and afterwards being called in again received their answer of this house by the mouth of mr. speaker . vide principium dici martis diei martii instantis . the bill against forestalling , regrating and ingrossing had its first reading , and upon another motion was read again , and upon the question ordered to be ingrossed . the amendments and a proviso in the bill for maintenance of houses of husbandry and tillage being thrice read , and the bill read the third time , the said bill , amendments and proviso passed upon the question . mr. doctor cary and mr. doctor stanhop do bring from the lords the bill for the relief of the city of lincoln , with some amendments of their lordships unto the same , with further advertisement from the lords , that their lordships do suspend their proceeding in the bill for continuance and perfecting of certain statutes ( lately sent from this house to their lordships ) until their lordships do hear from this house of the proceedings of this house in the bill for maintenance of houses of husbandry and tillage . the bill against privy and secret outlawries , and the bill with amendments and proviso lately passed in this house are sent up to the lords by mr. vice-chamberlain and others . nota , that both the sending down of the former bill from the lords and the sending up of this latter to their lordships , are omitted in the original journal-book of the upper house ; where it should seem there being no bill read , the clerk of that house , being then anthony mason , did very negligently omit the entrance of any thing else besides the continuance of the parliament to a further day . the bill to avoid horse-stealing had its third reading , and passed upon the question . on friday the th day of march the amendments of the lords in the bill touching forcible entries , and also the amendments of this house being all thrice read , are agreed by this house upon the question to be passed accordingly . the bill against forestalling , regrating and ingrossing was upon the question and division of the house ordered to be presently read for the third reading thereof , viz. with the yea fifty six , and with the no thirty . a proviso to the same bill was offered to the house and twice read and ingrossed , and also once read for the ingrossing thereof , and so the bill upon the question and division of the house was passed by the yielding of the negative voices without going through with telling of the whole numbers on both sides , and was sent presently up to the lords by sir john parrot ; and a little after two other bills , the one to avoid horse-stealing , and the other touching forcible entries , were likewise sent up to the lords by mr. treasurer and others . the bill against such as steal and imbezel the goods , chattels or treasure of her majesty being put in trust with the same , was read the first time . the bill that aliens children shall pay strangers customs was read the third time , and a proviso added unto it thrice read ; the bill and proviso upon the question and division of the house dashed , with the yea sixty four , and with the no seventy four . mr. doctor cary and mr. powle do bring from the lords the bill for relief of the city of lincoln , with an addition of this word [ yearly ] added to their former amendments , for the explaining of the same amendments . all which amendments being thrice read , were upon the question assented unto by this house . nota , that this bill was brought down from the lords to the house yesterday , and therefore it should seem upon some doubts the house made touching their lordships amendments , it was carried back again , and those amendments explained by the word above-mentioned , and so being brought down again this day , the said amendments were thrice read and passed the house . on saturday the th day of march mr. doctor stanhop and mr. powle do bring from the lords the bill lately passed this house for continuation and perfecting of certain statutes , with a schedule unto the same added and annexed by their lordships , and the same schedule being thrice read , passed upon the question . the bill for the relief of the city of lincoln being perfected according to the amendments of the lords , and the bill also for continuance of statutes with the schedule to the same , were sent up to the lords by the master of the wardrobe and others . the amendments of the committees of this house to the bill against excess of apparel was denied upon the question to be opened unto the house . the bill against such as steal or imbezel the goods , chattels or treasure of her majesty , was brought in again by mr. harris one of the committees in the same , as not to be sufficiently considered of for lack of time , the same bill consisting of many parts . mr. serjeant puckering and mr. serjeant shuttleworth did bring word from the lords , that their lordships do pray present conference with some twenty or more of this house to meet with their lordships in the nether room of the upper house , and the rest not to depart until the return of the same committees . whereupon were appointed for that purpose all the privy council of this house , sir william hatton , mr. wroth , mr. north , mr. lieutenant of the tower , mr. wade , mr. mills , mr. juers , mr. henry grey , sir edward dymock , mr. robert bowes , mr. harris , mr. heydon , mr. francis moore , sir george barne , mr. robert cecill , mr. shirley , mr. dyer , mr. hare , mr. ralph bowes , sir francis hinde , mr. preston , mr. white , mr. hill , mr. henry brooke and the master of the jewel-house . mr. treasurer in the name of the rest of the committees did bring word from the lords , that their lordships have had conference amongst themselves of the great practices and treasons heretofore intended against her majesties person , state and kingdom ; and therefore ..... what should here follow is wholly omitted by the great negligence of mr. fulk onslow at this time clerk of the house of commons ; as also the speeches of mr. vice-chamberlain , of mr. secretary wolley , of sir john parrot , mr. comptroller , and of mr. fortescue ; for the inserting of which said speeches there is left a blank of near upon two whole pages ; and yet it may be probably gathered what the scope and end of all the said several and respective speeches were , out of a question following , which mr. speaker propounded at the end of them , viz. that seeing most of all those treasons which had been practised against her majesty , had been either plotted in spain or procured by spain , and all the rebellions during her highness reign , raised either in england or ireland had been countenanced from thence ; to which as the upshot of all , that his late intended , ambitious and blood-thirsty conquest , yet fresh in memory , may be added ; that therefore her majesty would be pleased to denounce open war against him the said king of spain as against a most dangerous enemy of her majesty and her realms . upon the said speeches mr. speaker maketh the question ; and thereupon it was resolved by the whole house for joining with their lordships in request to her majesty , to be delivered by the mouth of mr. speaker , for concurring with their lordships for denouncing of war against the king of spain at the time of his going up with the subsidy , and after the offer and delivery of the same subsidy . mr. doctor cary and mr. doctor stanhop did bring from the lords two bills , viz. the act of the queens majesties most gracious and free pardon , and also the act of four fifteenths and tenths , and two subsidies which had before passed this house . the bill of the queens majesties most general and free pardon being once read , passed thereupon . which said bill so passed was presently sent up to the lords by m r fortescue and others . nota , that this is all which is found in the original journal-book of the house of commons , and therefore the conclusion and dissolution of this parliament next ensuing are supplied out of that of the upper house . her majesty being ( as it should seem ) this very forenoon come unto the upper house and there set , the house of commons having notice thereof , with serjeant snagg their speaker , repaired thither , who after his delivery of the bill of subsidy did move her majesty ( as may be very probably conjectured ) according to the former resolution had this day in the said house as aforesaid , that her majesty would be pleased to denounce open war against the spanish king , who had so lately threatned destruction to her majesty and her realms by that his not long since open and hostile invasion . after which her majesty having given her royal assent unto the passing of sixteen publick acts and eight private acts , being all the statutes that passed this parliament , sir christopher hatton knight lord chancellor , by her majesties commandment , dissolved the same . the journal of the house of lords . an exact and perfect journal of the passages of the house of lords , in the parliament holden at westminster , anno reginae eliz. anno domini . which began there on monday the th day of february , and then and there continued until the dissolution thereof on tuesday the th day of april anno domini . there is little extraordinary in this journal of the upper house , save only the return of divers unusual proxies , and a speech used by her majesty her self at the conclusion of the parliament , which also is supplied out of a certain journal of the house of commons , very claborately taken by an anonymus . and sir christopher haton the late lord chancellor being dead since the last parliament ( whose death was occasioned from the grief he conceived at some harsh speeches of her majesty used unto him touching divers great sums due unto her from him ) sir john puckering her highness serjeant , ( who had been twice before speaker or prolocutor of the house of commons ) succeeded him in the full power and priviledges of his place , though not in his title , he having only the stile of lord keeper of the great seal of england . the summons for this parliament being returnable , upon this monday the th day of february , it held accordingly , the queen coming privately by water , accompanied with sir john puckering lord keeper of the great seal , and many of the lords spiritual and temporal . there being present this day these peers and others ensuing . archiepiscopus cantuarien . johannes puckering miles dominus custos magni sigilli . dominus burleigh dominus thesaurarius angliae . marchio wintoniae . comites . comes oxon. magnus camerarius angliae . comes darby magnus seneschallus comes northumbriae . comes salopiae . comes cantiae . comes wigorn. comes cumberland . comes sussex . comes huntingdon . comes bathon . comes pembroke . comes hartford . comes essex . comes lincoln . vice-comes bindon . episcopi . episcopus london . episcopus dunelmen . episcopus assaphen . episcopus cestren . episcopus covent ' & lich. episcopus lincoln . episcopus petriburgen . episcopus hertf. episcopus cicestren . episcopus bangor . episcopus wigorn. episcopus landaven . episcopus salopiae . episcopus bathon & wellen. barones . dominus howard mag . maresc ' & adm. angliae . dominus hunsdon camerarius reginae . dominus strange . dominus morley . dominus stafford . dominus grey . dominus scroope . dominus montjoy . dominus sandes . dominus windsor . dominus cromwell . dominus wharton . dominus rich. dominus willoughby . dominus sheffield . dominus north. dominus shandois . dominus st. john. dominus buckhurst . dominus de la ware. dominus crompton . dominus norris . and the queen and the lords spiritual and temporal having on their parliamentary robes , and having seated themselves in their several places , the knights citizens and burgesses of the house of commons had notice thereof and repaired to the upper house : where contrary to the ancient use and custome they found the door shut upon them ; which happened by reason that divers of the house and others having gotten in privately before and filled up the place at the bar or rayl at the lower end of the said house , sir john puckering lord keeper of the great seal by commandment from her majesty had already made some enterance into his speech before the said knights citizens and burgesses had any notice of it , who sate in their own house expecting to be called up to the said upper house upon her majesties coming . but the door at length being opened by her majesties commandment about two of the clock in the afternoon , as many as conveniently could were let in : where the lord keepers speech was directly in these words following , or not much differing from them . he shewed in the first place ( as matter of preface and ornament not much material ) somewhat touching the antiquity , nature and use of parliaments . then he came to set forth as the principal matter ( which her majesty did desire to have made known and manifest to all her loving subjects , the great malice of the king of spain which he had towards this realm . and that he shewed by sundry instances as his last invasion intended , his forces then addressed out of the low countries for that purpose , to have been conducted by the duke of parma . and then he proceeded in the rest of his oration verbatim , or much , to the intent and purpose sollowing . the high and mighty ships that then he prepared and sent for that purpose , because he found them not fit for our seas and such a purpose , he is building of ships of a less bulk after another fashion ; some like french ships , some like the shipping of england ; and many hath he gotten out of the low countries . he is now , for the better invading of england , planting him in britanie , a country of more facility to offend us than the low countries ; there he hath fortified himself in the most strong holds of that country . in scotland he hath of late wrought most of the nobility to conspire against their king , to give landing to his forces there , and to assist him in his invasion thither . a greater part of the nobility in scotland be combined in this conspiracy , and they have received great sums of money for their service therein . and to assure the king of spain of their assistance , they have signed and sent their promises sealed to the king. this conspiracy the king of scots was hardly brought to believe , but that her majesty advertised him thereof , having entertained intelligence thereof as she hath of all things done , and intended in those parts . and that the king might better advise thereupon , her majesty hath sent one of her noblemen now into scotland , and the king hath assured her majesty with all his ability and endeavour to prevent the spaniard , whose purpose is on the north parts to assault us by land , and on the south side to invade us by sea , which is the most dangerous practice that could be devised against us . and now the rage of this enemy being such , his forces joyned with other princes his adherents , greater , the charge of her majesty for defence of her realm both with forces by sea and armies by land hath been such , as hath both spent the contribution of her subjects by subsidies and what otherwise they have offered her , and also consumed her treasure ; yea caused her to sell part of her highness's crown . and it is not to be marvelled how all this is consumed but rather to be thought how her majesty could be able to maintain and defend this her realm against so many realms conspired against us . wherefore we her majesties subjects must with all dutiful consideration think what is fit for us to do ; and with all willingness yield part of our own , for the defence of others and assistance of her majesty in such an insupportable charge . were the cause between friend and friend , how much would we do for the relief one of another ? but the cause is now between our soveraign and our selves : seeing there is so much difference in the parties , how much more forward ought we to be ? the aid that formerly hath been granted unto her majesty in these like cases , is with such slackness performed , as that the third of that which hath been granted cometh not to her majesty . a great shew , a rich grant and a long summ seemeth to be made , but it is hard to be gotten , and the summ not great which is paid . her majesty thinketh this to be , for that the wealthier sort of men turn this charge upon the weaker , and upon those of worst ability , for that one dischargeth himself , and the other is not able to satisfie what he is charged withal . these things would be reformed by such as are commissioners in this present service . her majesty further hath willed me to signify unto you , that the calling of this parliament now is not for the making of any more new laws and statutes , for there are already a sufficient number both of ecclesiastical and temporal ; and so many there be , that rather than to burthen the subject with more to their grievance , it were fitting an abridgment were made of those there are already . wherefore it is her majesties pleasure , that the time be not spent therein : but the principal cause of this parliament is , that her majesty might consult with her subjects for the better withstanding of those intended invasions which are now greater than were ever heretofore heard of . and whereas heretofore it hath been used that many have delighted themselves in long orations , full of verbosity and of vain ostentations , more than in speaking things of substance ; the time that is precious would not be thus spent . the sessions cannot be long , by reason the spring time 't is fit that gentlemen should repair to their countries , the justices of assize also to go their circuits ; so the good hours should not be lost in idle speeches , but the little time we have should be bestowed wholly on such businesses as are needful to be considered of . and so willed them to elect a speaker . as soon as the lord keepers speech was ended , the clerk of the parliament read the names of the receivors and triors of petitions in french according to the ancient use and form , which were as followeth , viz. receivors of petitions for england , ireland , wales and scotland , sir john popham lord chief justice of the kings-bench , john clynch one of the justices of the kings-bench , francis gawdy another of the justices of the said bench , doctor awberry and doctor ford. they which will deliver petitions are to deliver the same within six days next ensuing . receivors of petitions for gascoign and other parts beyond the seas and the isles , sir edmond anderson lord chief justice of the common-pleas , sir william perrian lord chief baron , and thomas walmsley one of the justices of the common-pleas , doctor cary and doctor stanhop . and they which will deliver petitions , are to deliver the same within six days next ensuing . tryors of petitions for england , ireland , wales and scotland , the archbishop of canterbury , the marquess of winchester , the earl of darby lord steward of the queens houshold , the earl of sussex , the earl of pembroke , the earl of essex , the bishop of london , the bishop of durham , the lord howard of effingham earl marshal and lord admiral of england , the lord cobham , the lord grey of wilton . all these or any four of them calling to them the lord keeper of the great seal of england , and the treasurer , and the queens serjeants when need shall require , shall hold their places in the chamberlains chamber . tryors of petitions for gascoign , and other parts beyond the seas and the isles , the earl of oxford great chamberlain of england , the earl of shrewsbury , the earl of huntington , the bishop of rochester , the bishop of lincoln , the lord hunsdon lord chamberlain to the queen , the lord lumley and the lord buckhurst . these or any four of them calling unto them the queens serjeants when need shall require , shall hold their places in the treasurers chamber . nota , that all that which is set down touching the coming up of those of the house of commons into the higher house , and the lord keepers speech , being before placed after the names of such lords spiritual and temporal as were this day present , is not found in the original journal-book of the upper house , but is here inserted partly out of the original journal-book of the house of commons , and partly out of another very exact journal of that house which was in my custody , being very diligently observed and set down by some anonymus , who was a member of the said house during this parliament . and , i have always thought it most fitting in all these several journals , ever to refer the aforesaid speeches , the presentments of the speakers , and such other passages as are wholly handled and agitated in the upper house , to be set down as largely as by any good authority they may , in the journal of the same , to which they do most truly and properly belong , and only for orders sake to give a short touch or remembrance of them in the journal of the house of commons . finally at the conclusion of this days business , the continuance of the parliament is entred in the original journal-book of the upper house in manner and form following , viz. dominus custos magni sigilli ex mandato dominae reginae continuavit praesens parliamentum usque in diem jovis prox ' futurum . on thursday the th day of february , to which day the parliament had been last continued , the queens majesty her self came about three of the clock in the afternoon , accompanied by the archbishop of canterbury , sir john puckering knight lord keeper of the great seal , william lord burleigh lord treasurer of england , the marquess of winchester and divers others of the lords spiritual and temporal , being for the most part the very same that are by name set down to have been present on monday foregoing , the first day of this parliament . the queen and the lords being thus set , the house of commons had notice thereof , who immediately thereupon came up with edward cooke esquire the queens sollicitor , into the upper house , whom they had chosen for their speaker or prolocutor . which said speaker being led up to the bar at the nether end of the said house , between two of the most eminent personages of the house of commons , who , as soon as silence was made , and the rest of the said house , as many as could conveniently get in , had placed themselves in the space below the said bar , spake as followeth . your majesties most loving subjects , the knights citizens and burgesses of the house of commons have nominated me , your graces poor servant and subject , to be their speaker . this their nomination hath hitherto proceeded , that they present me to speak before your majesty ; yet this their nomination is only as yet a nomination and no election , until your majesty giveth allowance and approbation . for as in the heavens a star is but opacum corpus until it have received light from the sun , so stand i corpus opacum , a mute body , until your highness bright shining wisdom hath looked upon me and allowed me . how great a charge this is , to be the mouth of such a body as your whole commons represent , to utter what is spoken , grandia regni , my small experience , being a poor professor of the law , can tell . but how unable i am to do this office , my present speech doth tell , that of a number in this house i am most unfit . for amongst them are many grave , many learned , many deep wise men , and those of ripe judgments : but i am untimely fruit , not yet ripe , but a bud , scarcely blossomed : so as i fear me , your majesty will say , neglectâ frugi eliguntur folia : amongst so many fair fruit ye have plucked a shaking leaf . if i may be so bold as to remember a speech ( which i cannot forget ) used the last parliament in your majesties own mouth , many come hither ad consulendum qui nesciunt quid sit consulendum , a just reprehension to many as to my self also , an untimely fruit , my years and judgment ill besitting the gravity of this place . but howsoever i know my self the meanest , and inferiour unto all that ever were before me in this place , yet in faithfulness of service and dutifulness of love , i think not my self inferiour to any that ever were before me . and amidst my many imperfections , yet this is my comfort , i never knew any in this place , but if your majesty gave them favour ; god who called them to the place , gave them also the blessing to discharge it . the lord keeper having received instructions from the queen , answered him . m r sollicitor , her graces most excellent majesty hath willed me to signify unto you , that she hath ever well conceived of you since she first heard of you , which will appear , when her highness elected you from others to serve her self . but by this your modest , wise and well composed speech , you give her majesty further occasion to conceive of you , above that which ever she thought was in you ; by endeavouring to deject and abase your self and your desert , you have discovered and made known your worthiness and sufficiency to discharge the place you are called to . and whereas you account your self corpus opacum , her majesty by the influence of her vertue and wisdom doth enlighten you , and not only alloweth and approveth you , but much thanketh the lower house , and commendeth their discretion in making so good a choice , and electing so fit a man. wherefore now mr. speaker proceed in your office , and go forward to your commendation as you have begun . the lord keepers speech being ended , the speaker began a new speech . considering the great and wonderful blessings , besides the long peace we have enjoyed under your graces most happy and victorious reign , and remembring with what wisdom and justice your grace hath reigned over us , we have cause daily to praise god that ever you were given us ; and the hazard that your majesty hath adventured , and the charge that you have born for us and our safety , ought to make us ready to lay down our selves and all our living at your feet to do you service , &c. after this he related the great attempts of her majesties enemies against us , especially the pope , and the king of spain who adhered unto him . how wonderfully we were delivered in eighty eight , and what a favour god therein manifested unto her majesty . his speech after this tended wholly to shew out of the history of england , and the old state , how the kings of england ever since henry the thirds time have maintained themselves to be supreme head over all causes within their own dominions . and then reciting the laws that every one made in his time , for maintaining their own supremacy , and excluding the pope , he drew down this proof by a statute of every king since henry the third to edward the sixth . this ended , he came to speak of laws , that were so great and so many already , that they were fit to be termed elephantinae leges . therefore to make more laws it might seem superfluous . and to him that might ask , quid causa ut crescant tot magna volumina legis ? it may be answered , in promptu causa est , crescit in orbe malum . the malice of our arch-enemy the devil , though it were always great , yet never greater than now ; and that dolus & malum being crept in so far amongst men , it was requisite that sharp ordinances should be provided to prevent them , and all care to be used for her majesties preservation . now am i to make unto your majesty three petitions in the name of the commons ; first , that liberty of speech and freedom from arrests , according to the ancient custom of parliament , be granted to your subjects ; secondly , that we may have access unto your royal person to present those things that shall be considered amongst us ; lastly , that your majesty will give us your royal assent to the things that are agreed upon . but this said last petition seems to have been mistaken by that anonymus , out of whom this said speech is transcribed as aforesaid : for this petition is proper and usual at the end of a sessions upon a prorogation , or of a parliament upon a dissolution , when the two houses have passed divers acts , which only want the royal assent to put life into them . and doubtless the third petition which should have ensued here , was for freedom from arrests for themselves and their necessary attendants , which being wholly omitted , i have before caused to be inserted ( though more briefly ) in its proper place . and thus this mistake being cleared , the residue of the said speakers speech ensueth . and for my self i humbly beseech your majesty , if any speech shall fall from me , or behaviour found in me not decent and fit , that it may not be imputed blame upon the house , but laid upon me and pardoned in me . to this speech the lord keeper having received new instructions from the queen , made his reply ; in which he first commended the speaker greatly for it ; and then he added some examples of history for the kings supremacy in henr. . and kings before the conquest . as to the deliverance we received from our enemies , and the peace we enjoyed , the queen would have the praise of all those attributed to god only . and touching the commendations given to her self , she said , well might we have a wiser prince , but never should they have one that more regarded them , and in justice would carry an evener stroke without exception of persons , and such a prince she wisht they might always have . to your three demands the queen answereth : liberty of speech is granted you ; but how far this is to be thought on , there be two things of most necessity , and those two do most harm , which are wit and speech : the one exercised in invention , and the other in uttering things invented . priviledge of speech is granted , but you must know what priviledge you have , not to speak every one what he listeth , or what cometh in his brain to utter that ; but your priviledge is i or no. wherefore , m r speaker , her majesties pleasure is , that if you perceive any idle heads which will not stick to hazard their own estates , which will meddle with reforming the church and transforming the common-wealth , and do exhibite any bills to such purpose , that you receive them not , until they be viewed and considered by those , who it is fitter should consider of such things , and can better judge of them . to the persons all priviledge is granted , with this caveat , that under colour of this priviledge , no mans ill doings , or not performing of duties , be covered and protected . to the last , free access is granted to her majesties person , so that it be upon urgent and weighty causes , and at times convenient , and when her majesty may be at leisure from other important causes of the realm . nota , that these several interlocutory speeches of the speaker and the lord keeper , are not found in the original journal-books of the upper house , or the house of commons , but are supplied out of a very elaborate journal of the passages of the said commons house , taken by some anonymous member thereof this parliament , and are here inserted ; as was also the lord keepers speech upon the first day of the same , upon the reasons there alledged : which see at large set down upon monday the th day of this instant february foregoing in fine diei . although the usual custom in the original journal-book of the upper house is to place all proxies upon what days soever returnable , before the beginning of the journal it self ; yet i have conceived it much more methodical to place all such returns in those days upon which they were delivered to the clerk of the parliament , and always upon that day on which the first return was , to make some short observation of that , if it be unusual and extraordinary , and so to refer the view of the residue to their proper days . on this instant thursday therefore being the th day of february , and the second day on which the upper house sat , was returned only this one unusual proxy . o die febr. introductae sunt literae procuratoriae johannis episcopi carliolen ' in quibus procuratores suos constituit johannem archi-episcopum cantuarien . johannem episcopum london , & matthaeum episcopum dunelmen ' . nota , that this is one of those proxies which i call unusual and extraordinary , in respect that this bishop of carlisle did make or constitute three several proctors , whereas usually a spiritual lord nominateth but two conjunctim & divisim , and a temporal lord but one , and that also of their own order : whence it is plain that these proxies may not unfitly be stiled unusual , whereby the spiritual lords do appoint temporal lords for their proctors , or but one proctor a piece , or more than two , or when any temporal lord nominateth a spiritual for his proctor , or constituteth more proctors than one . and therefore it is worth the observation , that at this very time , of nine temporal lords that sent their proxies this parliament by her majesties licence , but one of them nominated two proctors . which see upon monday the first day of march ensuing , all the rest constituting but one . yet the proxies of the spiritual lords , being six in number , were all of them unusual and extraordinary ; which i conceive is not easily to be patterned in any other parliaments except the first , which was sent by edmond bishop of norwich , in which he constituted only john bishop of london and richard bishop of peterburgh his proctors , and returned on monday the th day of this instant february foregoing , although it be there omitted as a thing usual and not worth the setting down at large . but the other four extraordinary proxies sent by so many several bishops see afterwards according to their several returns upon saturday the th day , and on tuesday the th day of this instant february ensuing ; as also on wednesday the th day and on wednesday the th day of march next following . where also it may be noted , that john archbishop of canterbury had this parliament five proxies , viz. from john bishop of carliste , john archbishop of york , thomas bishop of winchester , matthew bishop of durham and thomas bishop of chichester , all which being extraordinary are at large set down in this present journal in those several days upon which they were returned ; so that from this and many other precedents of former and later parliaments it is most plain that by the ancient usages and customs of the upper house , any lord spiritual or temporal being a member thereof , is capable of as many single or joint proxies as shall be sent unto him . dominus custos magni sigilli ex mandato dominae reginae continuavit praesens parliamentum usque in diem sabbati prox ' futur ' . on saturday the th day of february the bill for restraining and punishing vagrant and seditious persons , who under feigned pretences of conscience and religion , corrupt and seduce the queens subjects , was read primâ vice . eodem die retornatum est breve quo richardus wigorn ' episcopus praesenti parliamento interesse summonebatur , & idem episcopus ad suum praeheminentiae sedendi in parliament ' locum admissus est , salvo cuiquam jure suo . this day also was one extraordinary or unusual proxie returned from a spiritual lord , who constituted but one proctor ; whereas usually no such lord constituteth fewer than two : which said proxie is thus entred in the original journal-book of this parliament in the beginning thereof in manner and form following , viz. . febr. introductae sunt literae procuratoriae johannis eboracensis archi-episcopi , in quibus procuratorem suum constituit johannem archi-episcopum catuarien ' . on monday the th day of february , retornatum est breve quo edwardus dominus cromwell praesenti parliamento summonebatur interesse , & idem dominus ad suum praeheminentiae sedendi in parliamento locum admissus est salvo jure alieno . the writ was returned whereby gilbert earl of shrewsbury was summoned , &c. the several writs were also returned whereby george bishop of landaff , william lord crompton , and edward earl of worcester were summoned . it seemed by the journal-book , that nothing else was done , but the parliament continued according to the usual form which is entred in the original journal-book of the upper house in these words following , viz. dominus custos magni sigilli continuavit praesens parliamentum usque in diem mercurii proximè futurum . on tuesday the th day of february , although the upper house sat not , yet was there one unusual and extraordinary proxie returned from a spiritual lord , who constituted but one proctor ; which said proxie was privately delivered in unto the clerk of the said house , and is entred by him in the original journal-book of the same house in manner and form following , viz. . februarii introductae sunt literae procuratoriae thomae wintonien ' episcopi , in quibus procuratorem suum constituit johannem archi-episcopum cantuarien ' . on wednesday the th day of february ( to which day the parliament had been last continued ) two several writs were returned , whereby john bishop of bath and wells , and matthew bishop of durham were summoned to come to this present parliament , who accordingly were admitted to their several places . two bills also this morning of no great moment had each of them one reading ; of which the first was the bill for the better assurance and confirmation of the jointure of the lady margaret countess of cumberland , which was read prima vice . on thursday the first day of march , to which day the parliament had been last continued , two bills of no great moment had each of them one reading ; of which the first being the bill for the assurance of certain lands sold to liste cave and others , was read primâ vice . on saturday the third day of march , to which day the parliament had been continued on thursday foregoing , four bills of no great moment had each of them one reading ; of which the first being against counterfeiting of councellors and principal officers hands , was read primâ vice . on monday the th day of march , to which day the parliament had been last continued on saturday foregoing , three bills of no great moment had each of them one reading ; of which the second being against counterfeiting of councellors and principal officers hands , was read secundâ vice , & commissa ad ingrossand . martii introductae sunt literae procuratoriae henrici comitis huntingdon , in quibus procuratores suos constituit gulielmum dominum burleigh the saurarium angliae , & robertum comitem essex . vicecomitem hereford ' & dominum ferrers de chartly : quod nota . on tuesday the th day of march , the bill for the assurance of land sold to lisle cave was read tertiâ vice . on wednesday the th day of march , to which day the parliament had been last continued , retornatum est breve quo johannes salisburien ' episcopus praesenti parliamento interesse summonebatur , qui admissus est ad suum praeheminentiae sedendi in parliamento locum , salvo jure alieno . there was also brought up to the lords from the house of commons a bill for the naturalizing and making free of william sidney son of sir robert sidney knight , governor of flushing , and dame barbara his wife , and of peregrine wingfield son and heir of sir john wingfield knight , and dame susan countess of kent his wife . and this day also was one extraordinary or unusual proxy returned from a spiritual lord , who constituted but one proctor , whereas usually no such lord constituteth fewer than two ; which said proxy is thus entred in the begining of the original journal-book of this parliament . martii introductae sunt literae procuratoriae matthaei dunelmensis episcopi , in quibus procuratorem suum constituit johannem cantuariensem episcopum . on thursday the th day of march , to which day the parliament had been last continued , three bills of no great moment had each of them one reading ; of which the first was the bill for explanation and confirmation of the queens majesties title to the lands and tenements , late sir francis englefield's knight , attainted of high treason . not long after this bill upon the second reading had been committed to ingrossing , according to a certainorder formerly made by the lords , francis englefield esquire appeared before them with one of the learned councel , who were commanded to declare why an act for explanation and confirmation of the queens majesties title to the lands and tenements late sir francis englefield's knight , attainted of high treason , should not pass : and upon allegations made by the said learned councel , the lords commanded that they should set them down in writing , and deliver them to the attorney general ; and that on friday they should attend on the judges and the queens learned councel at serjeants-inn , and shew such deeds of conveyance as they made mention of before the lords : that the said lords upon answer of the judges and learned councel might proceed in the said bill as it should seem best to their lordships . on saturday the th day of march , to which day the parliament had been last continued , the bill for naturalizing and making free of william sidney the eldest son of sir robert sidney k t , &c. being read primâ vice , the lords gave in commandment to m r attorney general to bring on monday certain depositions remaining in the exchequer concerning the cause of sir francis englefield , after they had first heard the opinion of the judges , which was delivered to the lord chief justice of england . on monday the th day of march , to which day the parliament had been last continued , two bills of no great moment had each of them one reading ; of which the second being the bill for restraining of popish recusants to some certain places of aboad was read tertia vice & conclusa . on tuesday the th day of march , two bills of no great moment had each of them one reading ; of which the first being the bill concerning the lands of henry lord abergavenny deceased , was read tertiâ vice & conclusa . the lords at the bishop of worcesters motion condescended to a contribution for relief of such poor souldiers as went begging in the streets of london , viz. that every earl should give forty shillings , every bishop thirty shillings , and every baron twenty shillings . and appointed the said bishop and lord norris collectors thereof , and committed the bestowing thereof to the earl of essex and the lord willoughby of eresby . on thursday the th day of march , to which day the parliament had been last continued , four bills of no great moment had each of them one reading ; of which the first being the bill touching the lord harowden was read primâ vice . on friday the th day of march , two bills of no great moment , of which the first being against persons outlawed and such as will not pay their debts and duties , was read tertia vice & conclusa . and then the lord keeper continued the parliament in the usual form to monday following . on monday the th day of march , the bill touching the lord harowden was read secunda vice & commissa ad ingrossandum . on tuesday the th day of march , the bill touching sir francis englefield's lands had its third reading and was concluded . four bills were also this forenoon sent up to the lords from the house of commons ; of which the second touching the sale of certain mannors , lands and tenements from valentine knightley esq &c. was read prima vice . on thursday the th day of march , two bills of no great moment had each of them one reading ; of which the second concerning the assurance of certain lands and tenements to read stafford esquire and mabell his wife , and to the heirs of the said read was read secunda vice . on saturday the th day of march the bill touching the lord harowden was upon the third reading concluded . four bills were brought up to the lords from the house of commons ; of which the second was concerning the lawful deprivation of edmond bonner late bishop of london . on monday the th day of march , to which day the parliament had been last continued , three bills of no great moment had each of them one reading ; of which the first being the bill for the grant of three entire subsidies and fix fifteenths and tenths granted by the temporalty was read primâ vice ; which said bill had already passed the house of commons and had been sent up from them to the lords on saturday last . this morning also two bills of no great moment were sent up to the lords from the house of commons ; of which the second was the bill concerning the restraining of popish recusants to certain places of aboad , &c. on tuesday the th day of march , three bills of no great moment had each of them one reading ; of which the first being for the assurance of certain lands and tenements to read stafford and mabell his wife was read tertia vice & expedit . on wednesday the th day of march , three bills of no great moment had each of them one reading ; of which the second being for the grant of three entire subsidies and fifteenths , &c. was read secunda vice . five bills also were sent up to the lords from the house of commons ; of which the first was for restitution in blood of sir thomas parrot k t , and was read primâ vice . this day finally was one unusual or extraordinary proxy returned from one of the bishops absent at this time from the parliament ( as divers other peers ) by the licence of her majesty ; in which said proxy he constituted but one proctor , whereas the ordinary custom is for every spiritual lord to nominate two proctors at the least , and every temporal lord but one . this proxy is thus entred in the beginning of the original journal-book of the upper house , viz. martii introductae sunt literae procuratoriae thomae cicestrensis episcopi , in quibus procuratorem suum constituit johannem cantuariensem episcopum . on thursday the th day of march , three bills of no great moment had each of them one reading ; of which the first being the bill for restitution in blood of sir thomas parrot k t , was read secunda & tertia vice , & expedit . on friday the th day of march , five bills had each of them one reading ; of which the first was the bill for the grant of three entire subsidies , &c. granted by the temporalty ; and the last was the bill of subsidy granted by the clergy : both which bills at this time , upon their several third readings passed the house . on saturday the th day of march , six bills had each of them one reading ; of which the last being the bill prohibiting strangers born to sell by way of retail foreign wares brought into this realm , was read secunda & tertia vice , and rejected . on monday the second day of april , to which day the parliament had been last continued , the bill for explanation of a statute made in the thirty third year of henry the eighth , touching grants made to his majesty and confirmation of letters patents , was read secunda vice . six bills were brought up to the lords from the house of commons ; of which the second was for bringing in of fresh water into the town of stonehouse in the county of devon. on tuesday the third day of april , five bills of no great moment had each of them one reading ; of which the fourth being the bill for the maintenance of the navigation of england , was read secunda vice . on wednesday the th day of april , the bill for explanation of the statute made in the thirty fourth year of henry the eighth , for confirmation of letters patents made by his highness to others , was read primâ & secundâ vice . on thursday the th day of april , three bills of no great moment had each of them one reading ; of which the second being the bill for confirmation of letters patents to the mayors , sheriffs , citizens and commonalty of the city of lincoln was read tertiâ vice & conclusa . this morning also this order following was agreed on amongst the lords , viz. whereas the lords of parliament both spiritual and temporal assembled in the parliament chamber here at westminster have with one uniform consent , both in their own names and the rest of the lords now absent , ordered , that there shall be a charitable relief and contribution made towards the aid and help of a number of souldiers that are seen in the time of this parliament maimed and sore hurt in the wars of france and low countries and on the seas , for the service of the queens majesty and the realm , and for that purpose have allowed that every archbishop , marquess , earl and viscount should pay toward their contribution the sum of forty shilings , every bishop thirty shillings , and every baron twenty shillings ; for collection whereof there hath been appointed the queens majesties almoner and the bishop of worcester to collect the sums of bishops ; and the lord norris to collect the sums payable by the lords temporal ; which hath been diligently done and received by them from all the lords spiritual and temporal that have been present , and that have attended to their great charge on the service of the realm in this parliament : and considering the number of the souldiers to be relieved therewith , being very many , notwithstanding the knights , citizens and burgesses of the house of commons have yielded very good and large contributions according to their degrees ; yet for the better relief of the said maimed souldiers , it is by the lords spiritual and temporal that have given their attendance here , and have charitably and honourably yielded to this contribution , thought meet , and so it is ordered and decreed by them with common and free consent , that all the lords of parliament that have been altogether absent in this sessions , and that shall not have contributed to this charitable use of relief before the end of this sessions , shall be required by letters to be sent to them by the lords that had their procuration for their absence , or by letters from the lord keeper of the great seal required and charged , to cause payments to be made according to their degrees and vocations the double of the sums of money paid by the lords that have been here present and continued their attendance : that is to say , that every earl that hath been absent , shall pay four pound , the archbishop of york to pay as much . and every bishop also absent to pay three pound , and every baron forty shillings . and for such as have been here present and continued their attendance at some times though very seldom , having been absent for the more part , it is thought meet , that every such lord spiritual and temporal shall according to their degrees pay a third part more than the lords that have been constantly present . all which sums of money they shall cause to be delivered to the hands of the lord keeper of the great seal , to be afterwards by such spiritual lords of parliament as are chosen for that purpose ; distributed to the maimed souldiers as shall be found to have most need thereof . the like whereof the commons assembled in this parliament have ordered . for all the members of that house that are absent and have not paid , are to contribute in double manner . which order is thought very just , considering the lords and others who have been absent and have been at no charge to come up and give their attendance , may very reasonably and with a great saving to their charges contribute to this order . and if any lord spiritual or temporal shall refuse or forbear thus to do , ( which is hoped in honour none will do ) there shall be ordinary means used to levy the same . on friday the th day of april , to which day the parliament had been last continued , four bills of no great moment had each of them one reading ; of which the second being the bill for avoiding deceits used in sale of twice laid cordage for the better preservation of the navy of this realm , was read tertia vice & conclusa . eight bills were sent up to the lords from the house of commons ; of which the last was the bill to make void the spiritual livings of those that have forsaken the realm and do cleave to the pope and his religion . on saturday the th day of april , two bills of no great moment had each of them one reading ; of which the first being the bill for rating of the wages of spinners and weavers , and to reform the falsities of regrators of woollen yarn , was read primâ vice . on monday the th day of april , to which day the parliament had been last continued , three bills were each of them read secundà & tertiâ vice , and so expedited ; of which the second was the bill for the bringing of fresh water to the town of stonehouse in the county of devon. eight bills also this morning were sent up to the lords from the house of commons ; of which the first being the bill for the naturalizing of justice dormer and george sheppy being born beyond the seas , of english parents , and to put them in the nature of meer english , was read primâ & secundâ vice . but it doth not appear whether this bill were committed or no , which did not only happen in this place by the negligence of m r anthony mason at this time clerk of the upper house , but also through the whole original journal book of the said house this parliament ; in all which although divers bills are said to be read the second time , yet it is not at all expressed whether they were thereupon ordered to be ingrossed , or further to be considered of by some select committees of the house ; one of which of necessity must be put in execution upon the said second reading of a bill , both in the upper house and that of the house of commons , unless the bill have its third reading also at the same time and pass the house , or else be dasht upon the question , and so cast out of it . this morning finally , whereas a bill intituled an act touching power and liberty to repeal certain uses of a deed tripartite herein mentioned of and in certain lands , mannors and tenements of anthony cooke of romford in the county of essex esquire , hath been heretofore three times read and assented unto by the lords , in the which bill there is no saving to the queens majesty or any other person or persons , of their lawful estates or titles ; this day there was a saving drawn for her majesty and all others , which was offered to this house ; and some question and ambiguity did grow , whether the saving should be now added to the bill . and in the end it was resolved , that the saving should be added to the bill ; for that it is usual and requisite to have some saving in every bill , and for that there was nothing in the saving contrary to any matter in the bill , and that her majesties right and all other be saved thereby . nevertheless upon weighty considerations the lords have ordered , that this shall not hereafter be drawn to make any precedent . on tuesday the th day of april in the morning were two bills read , of which the second being the bill for the queens most gracious and general free pardon , was read primâ vice , and so passed upon the question . nota , that the bill or act for the queens general pardon passeth each house upon the first reading ; whereas other bills cannot be expedited without being read three times both by the lords and the commons . the queens majesty came not till the afternoon , and therefore in this place through the negligence of the clerk , the continuing of the parliament until some hour in the afternoon is omitted , which should have been inserted in these words , viz. dominus custos magni sigilli continnavit praesens parliamentum usque in horam , &c. à meridie . between five and six of the clock in the afternoon this present tuesday , being the tenth day of april , the queens majesty , accompanied with her officers and daily attendants , came to the upper house , and as soon as her majesty with the lords spiritual and temporal , and the rest that have place there , were set , the knights , citizens and burgesses of the house of commons having notice thereof came up with their speaker , bringing with them the bill of subsidy . the said speaker being placed at the bar at the lower end of the upper house , and as many of the house of commons as could conveniently being let in , after humble reverence done to her majesty spake as followeth : the high court of parliament , most high and mighty prince , is the greatest and most ancient court within this your realm . for before the conquest in the high places of the west-saxons , we read of a parliament holden ; and since the conquest they have been holden by all your noble predecessors kings of england . in the time of the west-saxons a parliament was holden by the noble king ina , by these words : i ina king of the west-saxons have caused all my fatherhood , aldermen and wisest commons , with the godly men of my kingdom to consult of weighty matters , &c. which words do plainly shew all the parts of this high court still observed to this day . for by king ina is your majesties most royal person represented . the fatherhood in ancient time were these which we call bishops , and still we call them reverend fathers , an ancient and chief part of our state. by aldermen were meant your noblemen . for so honourable was the word alderman in ancient time , that the nobility only were called aldermen . by wisest commons is meant and signified knights and burgesses , and so is your majesties writ de discretioribus & magis sufficientibus . by godliest men is meant your convocation-house . it consisteth of such as are devoted to religion . and as godliest men do consult of weightest matters , so is your highness writ at this day pro quibusdam arduis & urgentibus negotiis nos , statum & defensionem regni nostri & ecclesiae tangentibus . your highness wisdom and exceeding judgment withal careful providence needed not your councils : but yet so urgent causes there were of this parliament , so important considerations , as that we may say ( for that we cannot judge ) never parliament was so needful as now , nor any so honourable as this . if i may be bold to say it , i must presume to say that which hath been often said , ( but what is well said cannot be too often spoken ) this sweet council of ours i would compare to that sweet commonwealth of the little bees . sic enim parvis componere magna solebam . the little bees have but one governour whom they all serve , he is their king , quia later a habet latiora ; he is placed in the midst of their habitations ut in tutissima turri . they forrage abroad , sucking honey from ever flower to bring to their king. ignavnm fuces pccus à praesepibus arcent , the drones they drive away out of their hives , non habentes aculeos . and who so assails their king , in him immittunt aculeos , & tamen rex ipse est sine aculeo . your majesty is that princely governour and noble queen , whom we all serve ; being protected under the shadow of your wings we live , and wish you may ever sit upon your throne over us . and whosoever shall not say amen , for them we pray ut convertantur ne percant , & ut consundantur ne noccant . under your happy government we live upon honey , we suck upon every sweet flower : but where the bee sucketh honey , there also the spider draweth poyson . some such venoms there be . but such drones and door bees we will expel the hive and serve your majesty , and withstand any enemy that shall assault you . our lands , our goods , our lives are prostrate at your feet to be commanded . yea and ( thanked be god , and honour be to your majesty for it ) such is the power and force of your subjects , that of their own strength they are able to encounter your greatest enemies . and though we be such , yet have we a prince that is sine aculeo , so full of that clemency is your majesty . i fear i have been too long , and therefore to come now to your laws . the laws we have conferred upon this sessions of so honourable a parliament are of two natures ; the one such as have life but are ready to die , except your majesty breathe life into them again ; the other are laws that never had life , but being void of life do come to your majesty to seek life . the first sort are those laws that had continuances until this parliament , and are now to receive new life or are to die for ever . the other that i term capable of life are those which are newly made , but have no essence until your majesty giveth them life . two laws there are , but i must give the honour where it is due ; for they come from the noble wise lords of the upper house ; the most honourable and beneficial laws that could be desired : the one a confirmation of all letters patents from your majesties most noble father of all ecclesiastical livings ; which that king of most renowned memory your father took from those superstitious monasteries and priories , and translated them to the erecting and setting up of many foundations of cathedral churches and colledges , greatly furthering the maintenance of learning and true religion . the other law to suppress the obstinate recusant and the dangerous sectary , both very pernitious to your government . lastly , your loving and obedient subjects the commons of the lower house humbly and with all dutiful thanks stand bound unto your gracious goodness for your general and large pardon granted unto them , wherein many great offences are pardoned . but it extendeth only to offences done before the parliament . i have many ways since the beginning of this parliament by ignorance and insufficiency to perform that which i should have done , offended your majesty , i most humbly crave to be partaker of your majesties most gracious pardon . the lord keeper received instructions from the queen , and afterwards replied unto the speaker . the former part of this speech was an answer almost verbatim to the speakers oration , very excellently and exactly done : and those things which follow are to this or the like purpose , viz. that her majesty did most graciously accept of these services and devotions of this parliament , commending them that they had imployed the time so well and spent it in so necessary affairs , save only that in some things they had spent more time than needed . but she perceived that some men did it more for their satisfaction than the necessity of the thing deserved . she misliketh also that such irreverence was shewed towards privy councellors , who were not to be accounted as common knights and burgesses of the house , that are councellors but during the parliament ; whereas the other are standing councellors , and for their wisdom and great service are called to the council of the state. that the queens majesty had heard that some men in the cause of great necessity and grant of aid , had seemed to regard their country , and made their necessity more than it was , forgetting the urgent necessity of the time and dangers that were now imminent . that her majesty would not have the people seared with a report of great dangers , but rather to be encouraged with boldness against the enemies of the state. and that therefore she straitly charged and commanded that the mustered companies in every shire should be supplied , if they were decayed : and that their provisions of armor and munition should be better than heretofore it hath been used . that for this offer of three subsidies , her majesty most graciously in all kindness thanketh her subjects : but except it were freely and willingly given , she did not accept of it ; for her majesty never accepteth any thing that is not freely given . that if the coffers of her majesties treasures were not empty , or if the revenues of the crown and other princely ornaments could suffice to supply her wants and the charges of the realm , in the word of a prince she doth pronounce it , she would not have charged her subjects , nor have accepted of this they give her . the lord keeper's speech being ended , after some time of intermission , the queen being set in her chair of state , used a princely speech unto the house ; of which the greatest part was to the effect and purpose following , viz. this kingdom hath had many wise , noble and victorious princes , i will not compare with any of them in wisdom , fortitude and other vertues ; but saving the duty of a child , that is not to compare with his father , in love , care , sincerity and justice , i will compare with any prince that ever you had , or shall have . it may be thought simplicity in me , that all this time of my reign i have not sought to advance my territories , and enlarge my dominions ; for opportunity hath served me to do it . i acknowledge that my womanhood and weakness in that respect . but it hath not been the hardness to obtain , or doubt how to keep the things so obtained , that only hath withheld me from these attempts : my mind was never to invade my neighbours , or to usurp over any . i am contented to reign over mine own , and to rule as a just prince . yet the king of spain doth challenge me to be the quarreller , and the beginner of all these wars . he doth me the greatest wrong that can be ; for my conscience doth not accuse my thoughts , wherein i have done him the least injury ; so that i am perswaded in my conscience , if he knew what i know , he would be sorry himself for the wrong he hath done me . i fear not all his threatnings , his great preparations and mighty forces do not stir me : for though he come against me with a greater power than ever was his invincible navy , i doubt not but ( god assisting me , upon whom i always trust ) i shall be able to defeat him and overthrow him . for my cause is just. i heard say when he attempted his last invasion , some upon the sea-coasts forsook their towns and fled up higher into the country , and left all naked and exposed to his entrance : but i swear unto you , by god , if i knew those persons , or may know of any that shall do so hereafter , i will make them know and feel what it is to be so fearful in so urgent a cause . the subsidy you give me i accept thankfully , if you give me your good will with it ; but if the necessity of the time and your preservations did not require it , i would refuse it . but let me tell you , the summ is not so much , but that it is needful for a prince to have so much always lying in her coffers for your defence in time of need , and not be driven to get it when she should use it . you that are lieutenants and gentlemen of command in your countries , i require you to take care and special order , that the people be well armed and in readiness upon all occasions . you that be judges and justices of peace , i command and straitly charge you , that you see the law to be duly executed , and that you make them living laws when we have put life into them . thus with most gracious thanks to the house her princely speech ended . note , that the several interlocutory speeches of the speaker and the lord keeper immediately foregoing , with the coming up of the said speaker and the rest of the house of commons into the upper house , are not found in the original journal-book of the same house , but are here inserted partly out of the original journal-book of the house of commons , and partly out of another very exact journal of that house which was in my custody , being very diligently observed and set down by some anonymus , who was a member of the said house during this parliament , out of which the said speeches were written almost verbatim . and i have always thought it most fitting in all those several journals , ever to refer such like speeches and other passages as are wholly handled and agitated in the said upper house , to be set down as largely as by any good authority they may in the journal of the same , to which they do most truly and properly belong , and only for order sake to give a short touch or remembrance of them in the journal of the house of commons . after the before-recited speeches were ended as aforesaid , then were the titles of all the acts read in their due order . which manner of the clerk of the upper house his reading , and of her majesties answering to the said acts , is not thus exactly set down in the original journal of this parliament , but is supplied out of another of the queens time , and doth alike serve in all places , because the same form is still continued . and first the bill of subsidies , to which the clerk of the parliament standing up did read the queens answer in manner and form following , viz. la roigne remercie ses loyaulx subjectes , accepte leur benevolence , & ainsi le venlt . the clerk of the parliament having read the queens acceptance ; and thanks for the subsidies given as aforesaid , did then upon reading of the pardon pronounce in these french words following , the thanks of the lords and commons for the same . les prelats , seigneurs & communes en ce present parlament assembles , au nom de tous vostres autres subjects remercient tres humblement vostre majeste & prient à dieu , que il vous done en sancte bonne vie & longue . nota , that here to the bill of subsidy , because it is the meer gift of the subject , the queens consent is not required for the passing of it , but as it is joined with her thankful acceptance ; nor to the bill of pardon , because it is originally her free gift , is other circumstance required than that the thankful acceptance thereof to the lords and commons be likewise expressed , it being but once read in either house before it come thus ( at last ) to be expedited . now to all other bills either private or publick the queens express consent , though in differing words , is always requisite , as followeth , viz. the publick acts were read , to every one of which allowed by the queen the clerk of the parliament read in french these words following , viz. la roigne le veult . to every private act that passeth , the said clerk of the parliament reads the queens words in these french words following , viz. soit fait come il est desire . these two last answers to the publick and private acts that past , are to be written by the clerk of the parliament at the end of every act. to such acts as her majesty doth forbear to allow , the clerk of the parliament reads in french these words following , viz. la roigne s'advisera . after which ended , the dissolution of the parliament followed in these words , viz. dominus custos magni sigilli ex mandato dominae reginae tunc praesentis , dissolvit praesens parliamentum . the journal of the house of commons . a journal of the daily passages of the house of commons in the parliament holden at westminster , anno reginae eliz. anno domini . which began there on monday the th day of february , and then and there continued until the dissolution thereof on tuesday the th day of april , anno domini . this journal of the house of commons is fully replenished with many excellent passages ; both touching the publick state of the realm , and also concerning priviledges , elections , returns and such like private affairs of the house it self : so that not only the dangers of the realm were discussed and the ecclesiastical government touched , but also consultation was had for a seasonable and timely preparation to be made against the ambitious and proud designs of the spanish king. neither is it unworthy the observation , that some unusual distast was occasioned from her majesty towards some members of the house by reason of their intermedling with the succession of the crown , which she had expresly forbidden . which passage , as also divers other particular speeches , being not found in the original journal-book of the house of commons , are supplied out of another journal of the same house very exactly and elaborately taken by an anonymus , being a member of the same at this parliament : but yet with this caution , to avoid confusion , that whatsoever is inserted out of the saidanonymous journal hath a particular animadversion annexed unto it for discovery thereof . the eighth parliament of our soveraign lady elizabeth by the grace of god queen of england , france and ireland , defender of the faith , begun at westminster upon monday being the th day of february in the thirty fifth year of her majesties reign . and thereupon many of the knights , citizens , burgesses and barons returned into the same parliament , then made their appearances at westminster before the right honourable the earl of darby , lord steward of her majesties most honourable houshold , and did take the oath before the said lord steward or his deputies , according to the statute in that behalf lately made and provided . the manner of the administring of the said oath to the said knights , citizens and burgesses , was as followeth . the said lord steward removed into the court of requests , and having called over the said knights and others that were returned by their names , m r vice-chamberlain and others of her majesties privy-council took the said oath before his honour ; and then having appointed them his deputies to swear the residue of the house of commons who had then appeared according to their several returns , he departed . and thereupon , his lordships said deputies proceeded to the further administrating of the aforesaid oath to other members of the said house ; who after they had taken the same , entred into it and placed themselves . the fee for entring the name into the serjeants book , is two shillings . the reward to the door-keeper three shillings eight pence . the fee for returning the indenture two shillings . about two of the clock in the afternoon this present monday her highness with divers of the lords spiritual and temporal , and such others as had place there , being let into the upper house , and the knights , citizens and burgesses of the house of commons , as many as conveniently could , being ( at length ) let in ; the right honourable sir john puckering knight , lord keeper of the great seal of england , declared the said parliament to be called by her highness only for consultation and preparation of aid to be had and made against the mighty and great forces of the king of spain , bent and intended against this realm , as well by some practices attempted by him in the realm of france , and with some of the nobility of scotland , as by many other ways and means to that end and purpose . and did in the end advise the said commons to employ the time of this present session of parliament in the aforesaid consultation ; and not to go about the making of any new laws for the common-wealth at this time , as well for that there are very many good laws already in force ; more ( he said ) than are well executed ; as for that also such new laws ( if they be needful ) may be treated of and dealt in at some other time hereafter . and so willed them to repair to their accustomed place , and make choice of their speaker . which done , the said parliament was adjourned until thursday next following . after which the said knights , citizens and burgesses of the house of commons being assembled in the same house , the right honourable sir francis knowles knight , one of her majesties most honourable privy-council , and treasurer of her highness most honourable houshold , stood up , and putting the house in remembrance of the said charge of the said lord keeper given unto them for chusing of their speaker ; and very gravely and amply setting out sundry the good parts and commendable qualities and abilities of the right worshipful m r edward cooke esquire learned in the laws of this realm , sollicitor general to her majesty , and being a member of this house returned into the same one of the knights for the county of norfolk doth in the end for his part and opinion nominate the said m r edward cooke to be chosen for their speaker in this present parliament , if the residue of this house shall so think good . unto which motion as many of the said house assented with their voices , so the said m r edward cooke thereupon stood up , and very gravely and discreetly behaving himself as well in all due thankfulness unto this house for their said good opinion conceived of him , as also in disabling himself in divers respects for the discharge due and requisite for that place , humbly prayeth them to proceed to a new election . which done , the right honourable sir thomas heneage knight , vice-chamberlain to her majesty , and one other of her highness's most honourable privy-council , stood up , and not only approving but also very much amplifying the said former sundry commendable gifts and abilities of the said m r edward cooke exceeding many others , and comparable in his opinion and judgment with any others for that place and charge , ( gathering also the same partly from his own late former speech of excuses ) doth in the end resolutely deliver his opinion to make choice of the said m r cooke to be their speaker . and also thereupon moving the question to the house , the said m r cooke was with one full consent and voice of the whole house , nominated and chosen to be their speaker for this present parliament . and so was thereupon presently brought by the said m r treasurer and m r vice-chamberlain , and set in the chair . and immediately after the house did rise and were appointed to repair thither again upon thursday next following . on thursday the th day of february , to which day the parliament that begun on monday foregoing , being the th day of the same month , had been continued by sir john puckering knight lord keeper of the great seal , by her majesties commandment , the queens majesty and divers of the lords spiritual and temporal being set in the upper house , the knights , citizens and burgesses of the house of commons had notice thereof , and thereupon they repaired thither with edward cooke esquire , her majesties sollicitor , their lately elected speaker ; who being led up to the rail or bar at the lower end of the said house by two of the most-eminent personages of the aforesaid house of commons , after humble reverence made , declared unto her majesty his election to the said place of prolocutor ; and then alledging ( according to the usual course ) his own insufficiency did desire her majesty to enable him to that charge ; and to consider that howsoever he were the meanest that ever went before him in that place in respect of experience , yet in respect of his faithfulness he thought himself inferlour to none . after which speech her majesty by the mouth of the lord keeper , having allowed and approved his election , the said speaker having in a second speech shortly touched her highness happy and victorious reign , and somewhat largely proved the antientsupremacy of the kings of england in ecclesiastical matters , did in the end of his said speech make certain petitions of course in the name of the house of commons ; first , for liberty of speech ; secondly , for freedom from arrests ; and thirdly , for access unto her majesty . and lastly , for pardon for himself if he should in any thing unwittingly be mistaken . to which speech the lord keeper , having received new instructions from her majesty , made a reply in particular to the several branches of the said speakers speech . and to his three demands he answered , that liberty of speech was granted in respect of the i and no , but not that every one should speak what he listed . and touching freedom from arrests , and access to her majesty , he advised , that they might be cautiously made use of . nota , that none of these particulars touching the presentment of the speaker , are set down in the original journal-book of the house of commons , but are abstracted out of another journal of the same house taken by an anonymous member of the same during the parliament , mentioned at the beginning of this present journal , yet it appeareth plainly by the very original journal-book it self , fol. . l. that the prosocutor was this day presented to her majesty , where the words are as followeth , viz. jovis xxii do febr. . this day m r speaker was presented unto her majesty . which said words ( being only here a little otherwise placed for order sake than there ) have a large blank left at the end of them of somewhat above half a page , with intention no doubt at the first to have inserted the whole manner of the proceeding both of this presentment and admission . after the return also of the speaker ( now compleatly invested in that place ) with the rest of the house of commons , one bill was read according to the usual form in that case accustomed , which is set down in the said journal-book in these words following , viz. the bill , that a bar at large may be pleaded in any action of ejectione firmae was read the first time . m r speaker immediately after the reading of this bill , and his opening of the contents of the same to this house , shewed unto them from her majesty , that her highness had adjourned ( mistaken for continued ) the higher house till saturday next ; and also that her majesties pleasure likewise was , that this house should therefore be adjourned till the same time ; which being so done accordingly , this house did then rise , and every man went away . on saturday the th day of february the house being set , and a great number of the members of the same assembled ; m r speaker not then as yet being come to the house , some of the house said one to another , they heard he was sick : and one affirmed it to be so indeed , shewing that he had been with him this morning himself ; and left him sick in his bed , and his physician and his wife with him ; and some others supposing that he would shortly signify unto this house , the cause of that his absence , moved that the clerk might in the mean time proceed to saying of the litany and prayers . which being so done accordingly , the serjeant of this house presently after the said prayers finished , brought word from m r speaker unto the right honourable sir john woolley knight one of her majesties most honourable privy council , and a member of this house and then present in the same house , that he had been this last night and also was this present forenoon so extreamly pained with a wind in his stomach and loosness of body , that he could not as yet without his further great peril and danger adventure into the air at this time , which otherwise most willingly he would have done . and willed that the clerk of this house might signify unto the house the said estate of his case , and in his name to desire their good favourable considerations of the same , not doubting their gentle and courteous acceptance of that his so reasonable excuse , as by this house hath also been in former time used in like case towards some other his predecessors in the place he now serveth ; and to shew them , he trusteth in god he shall be able to attend them in this house upon the next day of sitting , which will be monday next . the effect of which message being then signified unto this house by the said clerk of the house , all the said members of this house being very sorry for m r speaker his sickness , rested well satisfied . and so the house did rise , and every man departed away . nota , that this is all which is found in the original journal-book of the house of commons touching this days business , and therefore that which followeth is supplied out of that anonymous journal mentioned at the beginning of this present journal , touching the residue of this days passages . this day m r peter wentworth and sir henry bromley delivered a petition unto the lord keeper , therein desiring the lords of the upper house to be suppliants with them of the lower house unto her majesty for entailing the succession of the crown , whereof a bill was readily drawn by them . her majesty was highly displeased therewith after she knew therof , as a matter contrary to her former strait commandment ; and charged the council to call the parties before them . sir thomas heneage presently sent for them , and after speeches had with them , commanded them to forbear the parliament , and not to go out from their several lodgings . the day after being sunday and the th of febr. though the house sate not , yet they were called before the lord treasurer , the lord buckhurst and sir thomas heneage . the lords intreated them favourably and with good speeches ; but so highly was her majesty offended that they must needs commit them , and so they told them . whereupon m r peter wentworth was sent prisoner unto the tower ; sir henry bromley and one m r richard stevens , to whom sir henry bromley had imparted the matter , were sent to the fleet , as also m r welch the other knight for worcestershire . vide mar. . about this matter in the beginning of the parliament was appointed a committee to be had of many grave , wise and ancient parliament men , which were of the house , but at this time few met at the place appointed , at least not such as were expected . it was appointed also at this time to m r stevens to peruse the penning of the petition that should have been delivered to that house , and to have provided a speech upon the delivery of it : but this office by reason of other occasions he could not attend . what other things were done or spoken in that conference , were , as i heard , confessed to some of the privy-council by some of those parties that were present at that conference . all that were there , except those before-named , went free and were never called in question that i heard of . and thus far it is inserted out of the aforesaid anonymous journal . on monday the th day of february , the bill for reducing disloyal subjects to their due obedience , had its first reading . upon a motion made by m r george moore touching some questions for the manner of election of one richard hutton returned into this house one of the burgesses for the borough of southwark in the county of surrey , and supposed to have been indirectly made ; and so prayed to be further examined by some committee of this house , and then to be reported over to this house for the further order of this house in the same : and upon another motion thereupon also made by m r wroth for a committee for the liberties and priviledges of the members of this house and their servants , it is upon the question ordered , that all the members of this house being of her majesties privy-council , sir william moore , m r serjeant yelverton , m r robert wroth , m r recorder of london , m r heyle , m r conisby , m r miles sands , m r attorney of the wards , m r attorney of the dutchy , m r william howard , sir henry cooke , sir francis godolphin , sir george moore , sir walter raleigh , sir francis drake , m r tanfield , m r francis bacon , m r lewkenor , sir john harrington , m r emersam , sir edward hobby , m r lawrence stourton , m r beale , m r doctor james , sir henry duton , m r doctor caesar , m r tasborough , sir moyle finch , sir thomas cecill and sir francis hastings shall , during all this present sessions of parliament , examine and make report of all such cases touching the elections and returns of any the knights , citizens , burgesses and barons of this house , and also all such cases for priviledge as in any wise may occur or fall out during all the same sessions of parliament ; to the end this house upon the reports of the same examinations may proceed to such further course in every the same cases as to this house shall be thought meet . and it is further ordered , that the said committees do meet upon wednesday next in the exchequer chamber at three of the clock in the afternoon to examine the manner of the said election of the said richard hutton , and also any other case of elections , returns or priviledges whatsoever in question , which shall be moved unto them by any member of this house at their pleasure . and notice was then also given in the house to all the members of the same , that in all these cases they might from time to time repair to the said committees as occasion shall serve accordingly . the bill touching salted fish and salted herrings had its first reading . sir robert cecill , sir john wolley , sir john fortescue , sir edward stafford and m r francis bacon , having severally delivered most manifest and apparent reasons of the inevitable necessity both of present consultation and also of present provision of treasure to prevent and withstand the great imminent perils and dangers of this realm , intended against the same by the king of spain , the pope and other confederates of the holy league ; the said sir robert cecill , sir john fortescue , sir john wolley , and m r francis bacon , laying open the sundry particular practices of the king of spain against the state of this realm ; attempted both in ireland , the low countries , france and scotland , do each of them in the end conclude and move , that a grave committee of this house be presently selected to have conference touching some fit course to be taken for the said consultation and provision of treasure . and thereupon it was upon the question ordered and assented to by the whole house . nota , that this is all that is found in the original journal-book of the house of commons touching these speeches ; which because they contain many excellent passages concerning the history of these times of her majesty , i have therefore supplied at large , sir edward staffords speech only excepted ( which was wanting there also ) out of a very elaborate journal of the same house , taken by some anonymous member thereof at this parliament , which is mentioned more at large in the beginning of this present journal . sir robert cecill spake first and said . as i remember , i have been of this house these five parliaments , and i have not determined to say any thing in these assemblies further than my cogitations should concur with my conscience in saying bare i , or no. give me leave , i pray you , to rehearse an old saying , and it is in latin , nec te collaudes , nec te vituperes ipse ; for me to do the one were exceeding arrogancy , and to do the other , i do confess , i hope , you will pardon me . the occasion of this parliament , as i take it by that which we received from the honourable , and learned speech of the lord keeper of and from her majesty to us in the higher house , is for the cause of religion and maintenance thereof amongst us , the preservation of her majesties most royal person , and the good of this realm of our country . all which because they be things of most dear and greatest price , and at this present in exceeding great and imminent danger , it is most behoofful to consult of speedy remedies , which should proceed from the wisest heads . the enemy to these is the king of spain , whose malice and ambition is such , as together with the pope , that antichrist of rome , ( for i may well couple them together , the one being always accompanied with envy at our prosperity , the other with unsatiable desire ) makes them by all means to seek the subversion of the state. but concerning the first the cause of god and his religion , which her majesty professed before she came to sit in this royal seat , which she hath defended and maintained , and for which cause god hath so blessed her government since her coming to the crown : yea while the crown was scarce warm on her head , she abolished the authority of rome , and did set up gods truth amongst us ; and to her great renown made this little land to be a sanctuary for all the persecuted saints of god : whereby the people perceived her magnanimity , zeal and judgment ; magnanimity in undertaking so great an enterprize ; zeal in professing the same not for the shew , but of sincerity ; judgment in defending it and preventing all his designs . he sent forth his bulls and missives against her majesty , thereby most unnaturally depriving her of her most natural right , the duty and loyalty which her subjects should owe unto her , &c. he touched the many dangers her majesty had been in , which as it caused him to fear to think , so did he tremble to speak concerning the danger of her country , and so the loss of our lives , liberties , wives , children , and all other priviledges . let me not trouble you with things past so long and perhaps beyond my reach , but with things past of late years and since eighty eight . when we were so secure and never thought that the king of spain would have set up his rest for england ; then sent he his navy termed invincible , and was almost upon the banks of us before we were aware . yea we were so slack in provision , that it was too late to make resistance , had not god preserved us . his attempt against us by seeking to win the low-countries and to obtain ireland , being but trifles and partly devices , which i mean not to trouble you with ; he hath now of late gone about to win france , wherein he hath greatly prevailed , as in lorrain and in other parts , as you have heard , but specially in britany , having most part of the port towns in his possession , whither he still sendeth supply daily , and reinforces them every four or five months , which part is always open and his men and forces never wanting . this province he especially desireth , for it lyeth most fitly to annoy us , whither he may send forces continually , and there have his navy in a readiness ; the which he could not so easily , unless he had the wind in a bag . besides having this province , he might keep us from traffick to rochell and burdeaux , as he doth in the straights from tripoly and s t jean de lucc : and so hinder us from carrying forth and bringing into this land any commodities from those parts , whereby the realm might be inriched and her majesties impost ever eased , being one of the greatest revenues of her crown . he hath also gone about with them of stade and the king of poland , one of his own faction , and who by reason he cannot do in that kingdom what he listeth , he may not so easily command him to impeach , or hinder our traffick in those eastern parts , which if he could bring to pass , you see how hurtful it would be to this land. but to descend yet lower into these latter actions . he hath seen it is but a folly to make woodden bridges to pass into ireland , therefore he hath found out a safer way and stronger passage into it by land , and that by scotland , which though it be not talked of on the exchange , nor preached at paul's cross ; yet it is most true , and in scotland as common as the high-way , that he hath procured unto him many of the nobility . it may be he hath sent thither no great navy , and that her majesty would not suffer him to do ; yet do what she can , some one paltry fly-boat may escape her majesties ships , and carry gold enough in her to make them traytors , and stir them to sedition . these things her majesty understood before , and advertized the king thereof ; which the effect hath proved to be true . for unless i be deceived , the last letter that came from thence might shew that the king is gone to make a rode into the north , and to bring back the lord bothwell and the lord huntley . the king of spain's malice thus daily increaseth against us , and seeketh also to stir up sedition amongst us by his instruments . the number also of papists daily increaseth , or at least wise becomes more manifest . my advice is , that you would consult how to withstand such imminent dangers , which the greater they be , the sooner they would be looked into and remembred . wherefore i would desire m r speaker that he would appoint some committees of the sufficientest and wisest men in the house to consider thereon . sir john wolley spake to the like effect , saying , that upon the cause of the danger the realm was now in , and of the remedy , his speech should consist ; which he likened to a natural body , in which the more danger the principal member was in , the greater means there should be used for the preservation thereof . roan being made now admiral of france by the league , should say , that he was a poor admiral now , but yet he doubted not ' but that shortly he should be able to bring such a navy as should terrify the queen of england . also he shewed how the princes of the holy league had conspired the overthrow of the realm , the extirpation of religion , and the confusion of her majesty and her loyal subjects . and exhorted the house , now because the season of the year groweth on , which calleth many of the knights and burgesses to be in their countries , besides the sickness being in the town , so that many of that house he thought knew not whether they lodged in houses infected or not , that they would seek to dispatch and end the parliament so soon as might be . he also shewed how the dunkirkers trouled our fishermen in small barks upon the sea-coasts . and so that this matter might be committed to some of the sufficientest in the house . he also exhorted the house to a speedy agreeing of a subsidy : which considering the dangers we were in , and that it was for our own good , as also for her majesty's , he hoped that no good subject but would willingly agree to it . also he shewed that the wars with the king of spain had cost her majesty a million of money : but this he avouched , that where it cost her majesty one , it cost the king of spain three . then sir john fortescue spake and said : they that spake before me , spake sufficiently of the authors of our trouble , of the great danger which is now imminent , insomuch that as it is come to that point now , non utrùm imperare , sed utrùm vivere . i will speak of nothing but that which concerns my calling . her majesty not being only careful for the preservation of her own realm , but of her neighbours also ; she hath not only defended her own subjects from being invaded , but also hath aided strangers which wanted money , with whom otherwise it would have gone ill by this time both with them and ourselves . insomuch that the burthen of four kingdoms hath rested upon her majesty , which she hath maintained with her purse , england , france , ireland , and scotland . for how could the french king at his first coming to the crown have held out against those leaguers , had not her majesty assisted him with her men and money , which hath cost her majesty about a hundred thonsand pound ? for 't is well known that the french king had not been able to withstand the duke of parma's coming into france , had it not been for our englishmen and money . as for the low countries , they have stood her majesty in yearly , since she undertook the defence of them , one hundred and fifty thousand pound . all which her majesty bestowed for the good of the realm , to free us from war at home . besides , when her majesty came to the crown , she found it four millions indebted ; her navy when she came to view it , she found greatly decayed : yet all this hath discharged , and ( thanks be to god ) is nothing indebted ; and now she is able to match any prince in europe , which the spaniards found when they came to invade as . yea she hath with her ships compassed the whole world , whereby this land is made famous throughout all places . she did find in her navy all iron pieces , but she hath furnished it with artillery of brass , so that one of her ships is not a subject's , but a petty king's wealth . as for her own private expences , they have been little in building ; she hath consumed little or nothing in her pleasures . as for her apparel , it is royal and princely , beseeming her calling , but not sumptuous nor excessive . the charges of her house small , yea never less in any kings time . and shortly ( by gods grace ) she will free her subjects from that trouble which hath come by the means of purveyors . wherefore she trusteth , that every good subject will assist her majesty with his purse , seeing it concerns his own good and the preservation of his estate . for before that any of us would lose the least member of his body , we would bestow a great deal , and stick for no cost nor charges : how much more ought we in this political body , whereof not only a member but the whole is in jeopardy , if we do not once hast to the preservation thereof ? and for these subsidies which are granted now adays to her majesty , they are less by half than they were in king henry the th's time . now although her majesty had borrowed some money of her subjests besides her subsidies , yet she had truly repaid and answered every one fully . he desired the matter might be put to a committee . sir edward stafford spake next to the like effect ; but what his said speech was , is not at all set down in the aforesaid anonymous journal mentioned more fully at the beginning of this journal present . m r francis bacon spake last , whose speech was to the effect following , viz. m r speaker , that which these honourable personages have spoken of their experiences , may it please you to give me leave likewise to deliver of my common knowledge . the cause of assembling all parliaments hath been hitherto for laws or moneys : the one being the sinews of peace , the other of war. to the one i am not privy , but the other i should know . i did take great contentment in her majesties speeches the other day delivered by the lord keeper , how that it was a thing not to be done suddenly nor at one parliament , nor scarce a whole year would suffice to purge the statute-book and lessen the volume of laws , being so many in number , that neither common people can practise them , nor the lawyer sufficiently understand them : than the which nothing should tend more to the praise of her majesty . the romans appointed ten men , who were to correct and recal all former laws , and to set forth those twelve tables so much of all men to be commended . the athenians likewise appointed six for that purpose . and lewes the th king of france did the like in reforming his laws ..... but what should here follow is wholly omitted in that anonymous journal mentioned in the beginning of these speeches , out of which they are all taken ; yet it should seem that the main end and scope of the ensuing particulars of this speech , which are omitted , were for the appointing of a select and grave committee , both to consider of the dangers of the realm , and of speedy supply and aid to be given to her majesty . and thereupon after the conclusion of this speech of m r francis bacon's , the house did accordingly nominate the said committee , to deliberate and consult in what proportion they might now to relieve her majesty with subsidies , in respect of those many and great enemies against whose power and malice she was to provide and prepare for necessary defence and preservation of her realms and dominions . the names of which said committees are set down in the original journal-book of the house of commons ( though omitted in that other before-mentioned taken by the said anonymus ) in manner and form following , viz. all those of this house which are of her majesties privy-council , all the members of this house which are returned knights for the counties , sir walter raleigh , sir thomas cecill , m r george moore , sir henry unton , m r wroth , sir thomas wilkes , m r francis bacon , m r nathanael bacon , m r george cary , m r beale , m r fulk grevill , m r attorney of the wards , m r attorney of the dutchy , sir john paton , m r robert sackvill ; sir francis hastings , all the serjeants at law which were members of this house , sir john hare , m r doctor caesar , m r doctor james , m r william haward , m r sands , sir robert sidney , m r fanshaw , sir thomas west , sir john warrington , sir thomas read , sir francis drake , m r thomas fane , m r vincent skinner , sir william moor , m r fuller , m r heyle , m r john hare , m r shinne , m r christopher blount , m r edward lewkenor , sir william bowes , sir john wingfield , m r tasborough , sir edward stàfford , m r lawrence fanshaw , m r nicholas saunders , m r doctor lewen , sir thomas flodd , sir francis gudolphin , sir francis vere , m r edward dyer , m r conisby , m r boyse , m r apselie and m r emersam should be nominated and appointed to have conference in the said cause ; and to meet for that purpose in this house to morrow next at two of the clock in the afternoon . on tuesday the th day of february , two bills of no great moment had each of them one reading ; of which the first being the bill touching woollen cloaths called vesses , rayes , &c. was read the first time . m r morrice attorney of the court of wards , moveth the house touching the hard courses of the bishops and ordinaries and other ecclesiastical judges in their courts , used towards sundry learned and godly ministers and preachers of this realm by way of inquisition , subscription and binding absolution , contrary ( he said ) to the honour of god , the regality of her majesty , the laws of this realm , and the liberty of the subjects of the same ; compelling them upon their own oaths to accuse themselves in their own private actions , words and thoughts , if they shall take such oaths , because they know not to what questions they shall answer till after the time they be sworn ; and also after such examination proceed against them by deprivation , degradation or suppression , upon such their own accusations of themselves . and if they refuse to take such oath , then they commit them to prison , and there keep and detain them at their own pleasure , not absolving or releasing them until they shall first have taken a corporal oath of their canonical obedience to their ordinaries . and shewing further at large the great inconvenience thereby grown unto the free subjects of this realm , doth in the end pray a consultation to be had therein by this house for redress of the said enormities ; and offereth unto m r speaker two bills , the one concerning the said inquisitions , subscriptions and offering of oaths , and the other concerning the imprisonments upon their refusal to the said oaths , praying that the said latter bill which concerneth the said imprisonments might be read , and the other to be offered to this house at some other more convenient time . nota , that there is no other speech touching this business particularly and fully set down in the original journal-book of the house of commons , and therefore those speeches which follow are supplied out of that anonymous journal of the same house , of which there is more particular mention made in the very beginning of this present journal . m r dalton stood up and spake with much earnestness against it , saying , it is hard upon a sudden for me to answer a long premeditated speech , but as i am able i will say and shew what i think of the bill exhibited . it pretends great things in shew , tending to the hindrance of gods service and the derogation of her majesties prerogative , to the overthrow of our laws and violating of our liberties ; things i say great in shew , but no such things to be found in the matter spoke against . it is easy to make of a mole-hill a mountain in words , so by a well compiled speech to make a great and dangerous thing of nothing ; nay a thing indeed needless ; for that the state hath hitherto always stood upon this government . and so shewed how ecclesiastical government was distinct from the temporal . the reasons he gave were few or none ; only his great dislike was , that having received strait commandment from her majesty not to meddle with things concerning the reformation of the church and state of this realm , therefore in his opinion the bill ought to be suppressed . sir john woolley spake also against the bill disallowing the matters in it : and taking it as too busy a medling in such a thing so forbidden by her majesty , so he thought it not fit that it should be read . then spake sir francis knowles , allowing the bill , and answered , that whereas it was condemned as seeking the overthrow of a member of the state , and so against the law , it tended in his opinion but to the reforming of abuses and restraining of the prelates : that if they meddle against the laws , they shall incur a praemunire . so that he thought the bill to be good and fit to be read . then spake doctor lewen , driving his speech to a full answer of m r morris his speech . and first he shewed , that as the natural body was delighted in change , so was it also in the politick body , greedy of alteration . that this eversion of bishops had long been sought for ; and in shooting at their jurisdiction their aim was at their places ; as being no more able to stand the one without the other , than a house without a foundation . then he entred into a discourse of government , as monarchies , aristocracies and democracies . he allowed the monarchies ; and in the most famous monarchies in the world shewed this government now exercised by the bishops to have been used . he endeavoured to prove the bishops to be such a part of the body politick , as without them it could be no body . and in comparing it with the state of the natural body , he termed the prince and the counsellors of state to be as the senses , and as the head ; the bishops and ministers as the shoulders and arms ; the common people the legs . now to take away the shoulders from the body were as great a blemish and prejudice as to have the fingers tied unto the shoulders . then came he to three parts of m r morris his speech , inquisition , subscription and binding absolution . inquisition he proved lawful ; first because it had been so long used , and in the greatest monarchies allowed . for before inquisition came in , the manner of tryal was by accusation , and then the party accusing was to suffer the penalty that the law inflicted upon the party accused , if he failed in his accusation . then it might be that the party accused , if the accuser failed in his accusation , might sollicite two witnesses to answer for him , which was sufficient to acquit him : so the guilty escaped and the guiltless accuser was punished . this seeming grievous , they changed their tryals into inquisitions . and whosoever reads demosthenes and tully , shall see how unwillingly they were hired to accuse . and if we look into the laws of this realm , it is altogether by inquisitions in courts baron , leets , and in the kings courts , and in the star-chamber . so that this course is as lawful in the ecclesiastical as in the temporal law. subscription was a thing we were bound unto by statute . the like was used in our churches as at geneva , so as allowable here . absolution , termed binding , is no other than in the common law ; for in the writ de excommunicato capiendo , the party absolved is to be sworn ad servandum jus , and his oath to perform the law in this absolution is not grievous : whereas otherwise the party accused was to find pledges for the same . nay it is a liberty to him , when upon his oath he may be freed . and so as to the bill , he thought it fittest that it should be first considered of by the bishops and judges of the realm before it were read . after this mr. henry finch ( as may be conjectured out of the original journal-book of the house of commons , where though his speech be omitted , yet he is set down and nominated to have spoken next after doctor lewen ) spake also against the bill much to that effect which the said doctor lewen had spoken : but neither was his name expressed in the aforesaid anonymous journal , out of which these several speeches are transcribed , nor yet any more particulars of that which he spake . then stood up mr. oliver s t john , as may be collected out of the aforesaid original journal-book of the house of commons , where he is said to have spoken next after mr. henry finch , although his speech be wholly omitted ( as is his name in the said anonymous journal , out of which the said speech and the rest are inserted ) and speaking for the bill said ; it is and hath been the manner of this house to allow a mixture in speaking , and after the grave , honourable and wisest , then to hear the meanest also . for my self , i am but young , yet will i shew unto you matter which is old . in answer to them that spake last , the ancient charter of this realm says , nullus liber homo , &c. which is flatly violated by bishops jurisdiction . you know what things thomas becket stood upon against the king , which things are now also crept in . and for more full answer of one that spake before , his antiquity and prescription cannot be allowed in this government for any reason ; for so were the official prestitute to take and exact fees , because time out of mind they had done so ; and set it down that it was answered in the parliament house , that thieves may prescribe to take purses on shooters-hill , because time out of mind they had done so . for that of inquisition , it seems to him ( specially ) that spake last , to be allowed before that tryal by accusation ; first by reason of the antiquity of the tryal . but it cannot be proved so ancient as the manner of tryals by accusations . for in john , the adulterous woman being brought to christ , he asked who were her accusers ? and for that manner of accusation , the lawyers themselves speak against it ; for one saith of it , ut libere fatear quod sentiam , nunquam mihi placebat . for subscription , the statute alledged is meant but a subscription to certain articles in religion , and not a subscription in this form . and because it is allowed in geneva , so to allow it here , that is no reason . for in geneva there be many things allowed , which the party speaking would ( i dare say ) be loth to have used here . as to absolution , there is no such oath to be required therein in our writ de excommunicato capiendo , as was said . so i think the bill very worthy and fit to be read . then sir robert cecill spake and said : i am unwilling to speak , yea i speak against my will ; and to answer speeches well studied and premeditated upon the sudden , it is hard for me . what the bill containeth , i am ignorant of ; and whether to allow of it or not , i will suspend my opinion . to say the truth , the man that offered it was learned and wise , and one whom i love ; yet a bill to be offered and inforced in this sort , being of such effect , i know not how to allow of it . for her majesty had straitly forbidden to meddle in such cases ; yet not forgetting the cause , she had in her excellent wisdom cared and pretended that a redress should be had of things that are amiss . to which end her majesty before the parliament summoned , had directed her letters to the archbishops to certifie her . now her highness care for our good shall be prevented by our hasty speaking of these things before our time . sure it is not fit , and her majesty cannot but be offended at it . for the bill i protest i know it not ; but it seemed to contain things needful . wherefore it were fittest it should be commended to her majesty , and so recommended unto us . and if i may do this office and service for the house , i will in all dutiful loves and service do it . but if the other course be taken , i fear the things sought will be denied for the violence used in it . then m r speaker said , in favour and free love , above my merits or desert , you have elected me , which should bind me to do all my best service , and to be faithful toward you . this bill delivered me is long and containeth important matters of great weight , and such matters as cannot be expressed in four words . it hath many parts , and if you put me presently to open it , i cannot so readily understand it , and do it as i should ; for indeed it is a matter far above my ordinary practice : and to deliver a thing before i conceive it , i could not . wherefore if it would please you to give me leave to consider of it , i protest i will be faithful and keep it with all secrecy . hereupon the house was in question , whether it should be committed to the speaker only , or to the privy-council and him : but it was holden to be against the order of the house that any bill should be committed before it was read . therefore upon a motion made by m r wroth , it was agreed , that m r speaker should have it . this afternoon at two of the clock m r speaker was sent for to the court , where the queen her self gave him commandment to deliver unto the house ..... and so the matter abruptly breaks off in the said anonymous journal , mentioned more particularly in the beginning of this present journal , out of which all these aforesaid speeches are inserted : but that which should here follow can be no more but only , that her majesty did command him to deliver a certain message to the house the day following , which he did then perform accordingly : vt vide postea in fine diei sequentis . finally , the last business of this forenoon was the reading and committing of an ordinary bill , which is inserted out of the original journal-book it self . the bill lastly , that a bar at large may be pleaded in an ejectione firmae , was upon the second reading committed unto m r edgecombe , sir henry knivet , and the serjeants at law that are members of the house , mr. attorney of the wards and others , who were appointed to meet upon thursday next at two of the clock in the afternoon at serjeants-inn in flectstreet . on wednesday the th day of february , the bill for reducing of disloyal subjects to their due obedience , was read the second time . nota , that before this bill was committed , divers spake unto it , which being omitted in the original journal-book after the mentioning of the second reading thereof , i thought good to supply the said speeches out of that anonymous journal so often before-mentioned ; and the rather , because this bill being against popish recusants , the said speeches do contain matter of much weight in them . mr. cradock ( after the said bill against recusants had been opened by mr. speaker upon the second reading thereof ) spake as followeth . there is no man as i think so irreligious towards god , so unloyal towards her majesty , so careless of the common statutes , but thinks the bill to be good , and the law very necessary before it be enacted : yet it were fit every part of it were considered of and reformed . the thing to be reformed is this : the words of the act being every person that shall receive a recusant , &c. and thus the purvey being general , the good subject may be grieved by this law ; and he that shall have but a recusant in his custody , shall be within the letter of the law for receiving a recusant into his house . things to be considered are first , whether it be good to deprive them of all their goods , for so we shall leave them no means of living . secondly , whether the parties that be now recusants being reconciled , if they fall into relapse and afterwards be newly reconciled again , shall be enabled to take benefit of their lands and goods : for'tis hard , if after their repenting they be not restored . then mr. philips answering all objections against the bill , affirmed it sufficient in all points , and that neither the sence nor the letter could be prejudicial to the good subject . only he could have wisht it were provided that the recusant should not use this law to his benefit , by procuring commons to be their friends , and take leases of their own lands answering the queens title . mr. finch made this question , whether those that came not to church by reason of the mislike they had of the church government , shall be in like case as a recusant papist . mr. tichburn said he could have provided that the father should not disinherit the son , nor have power so to do for being made conformable by him that should have the bringing of him up . then mr. nathanael bacon spake and said , the children might not be committed to the bishop of the diocess , because their chancellors are so much affected to the canon law , that some are infected with popish religion . besides , the office of bishops is to preach , and this duty in the one calling would not be hindred by other affairs committed to their care . wherefore fitter it is , that the justices of assize should have the appointment of them . then said sir edward stafford , it may be the party is enemy to him to whom the child is committed , therefore the commitment is to be by two or three . then mr. wroth spake as followeth . the law hath no proviso for leases , no remedy is appointed , as by the distress or otherwise , how the guardian is to come by the money appointed to him for the custody of the child of a recusant . and it were fit to make a proviso that no party being next heir to the child should be his guardian . and the recusant not to forfeit ten pound a month for the keeping of his wife ; otherwise for keeping of servants recusants . after all these speeches they agreed to have the bill committed . but the committees names are all omitted in the said anonymous journal , out of which these foresaid speeches are inserted , and are therefore to be supplied out of the original journal-book of the house of commons , where they are set down in manner and form following , viz. all the privy council , sir thomas cecil , sir walter raleigh , sir william moore , m r feele , m r finch , m r wroth , m r greenfield , m r fulke grevill , m r sands , m r cradock , sir francis hastings , sir edward stafford , m r morrice , m r george cary , m r peejam , m r tasborough , sir henry unton , sir william bowes , sir moyle finch , m r attorney of the dutchy , m r alice , sir francis vere , sir edward dimock , mr. warren , m r lewes , mr. tanseild , mr. edw. barker , mr. beale , mr. philips , mr. stephenson , m r lewkenor m r nat. bacon , m r grimston , mr. fuller , all the serjeants at law , mr. george moore , sir thomas wast , mr. doctor caesar , mr. doctor lewen , sir henry cock , sir edward cock , sir edward hobby , mr. dier , mr. john cary , mr. emerson , sir thomas shirley , mr. fanshaw , sir john harrington , sir henry knivett , sir charles candish , and sir francis drake . and the bill was delivered to mr. serjeant telverton , who with the rest was appointed to meet upon to morrow next at two of the clock in the afternoon at serjeants-inn in fleetstreet . mr. chancellor of the exchequer , one of the committees in the great cause for consultation and provision of treasure ( appointed on monday the th day of this instant february foregoing ) shewed , that he and the residue of the committees in that case met yesterday in the afternoon according to the commission of this house , and upon conference had amongst them for some convenient proportion of treasure to be provided , did in the end agree , that two intire subsidies and four fifteenths and tenths should be granted unto her majesty , if this present house shall so think good . upon which report by him made , it was upon the question agreed unto by the whole house , that the same two intire subsidies and four fifteenths and tenths should be granted unto her said highness accordingly . which done mr. nathanael bacon , one also of the said committees , put the house in remembrance , that at their said conference in the said committee it was moved by some of them , that the present necessity of the causes now moving them to offer the said double subsidy and double fifteenths and tenths , should be set down and inserted in the bill for the granting thereof . after this speech of mr. bacons there is no particular mention of any other speech which was spoken at this time touching this business in the original journal-book of the house of commons , and therefore these speeches which follow are supplyed out of another anonymous journal of the passages of this parliament more particularly mentioned at the beginning of this present journal . sir henry knivett spake , allowing the subsidies , but withal desired these things : first , that it might be lawful for every subject to annoy the king of spain that would , that weak forces might not be spent against him , but a royal army . that we should not wrastle with him on our own ground but abroad . further , that all her majesties debtors might be called in , and her majesty to have power to sell all the debtors lands , of what state soever they were seized of . no steward or commissioner but to answer her majesty the royal fines and sums they received . all her woods to be viewed , and the great timber to be for sale , the copy wood to be sold to encrease the revenues . licences granted to any to have benefit of penal statutes , to be taken in ; and the whole benefit of inns and alehouses to come to the queen . a great benefit to come to the queen by this new statute against recusants . their children to be committed to persons of sound religion . the whole benefit of their relief and living to come to the queen , deducting only charges for education of children . serjeant harris agreed on the subsidy because parliaments were seldom , whereas by the statute of edw. . they may be called every year . the subsidies to be granted to maintain wars ; but whether it be war or no war , as yet we know not : and the things which we take from the spaniard , is doubted by many not to be lawful prize . therefore desires in the subsidies to have it set down , that those subsidies be to maintain a war impulsive and defensive against the spaniard . sir walter raleigh seconded his speech , agreeing in all things with the serjeant , and said , he knew many that held it not lawful in conscience , as the time is , to take from the spaniards : and he knew , that if it might be lawful and open war , there would be more voluntary hands to fight against the spaniard , than the queen should stand in need of to send to sea. nota , that these aforesaid speeches are all that are found in the forementioned anonymous journal , and therefore that which follows is made perfect out of the original journal-book it self , in manner and form following , viz. after the former and other like speeches , in which also some had moved , that to make the wars against the king of spain and his subjects lawful and warrantable , it should be inserted into the preamble of the said bill [ that so great and extraordinary supply was at this time given for the resisting of his power and preventing of his malice ] it was ordered by the house upon the question , that all the serjeants at law which are members of this house , mr. heile , mr. philips , sir walter raleigh , sir francis drake , sir george carey , mr. doctor caesar , mr. doctor awberry , mr. francis bacon , sir francis gudolphin , mr. john hare , sir thomas conisby , mr. attorney of the wards , mr. attorney of the dutchy , mr. john trevor ; mr. sands , mr. doctor lewen , mr. beale , sir henry unton and mr. ridisden should meet upon saturday next at two of the clock in the afternoon in the exchequer ; for drawing the articles and preamble of the said bill accordingly ; to the end the same articles and preamble being considered of afterwards by this house , the same may be delivered by mr. speaker to her majesties learned council for the framing and drawing of the said bill . now in the next place there ensueth the relation of her majesties sending for the speaker yesterday , and of the message which she gave him in command to deliver to the house ; all which he declared at large this day , as it is very elaborately and fully set down in the anonymous journal mentioned more particularly at the beginning of this present journal , and therefore it is wholly inserted out of it ; and the rather , because it is almost wholly wanting in the original journal-book it self , there being one whole blank page and a good part of another page left unwritten , with intention doubtless at first to have inserted it , although it was afterwards very negligently omitted by mr. fulk onslow clerk of the said house of commons . it is therefore ( as is aforesaid ) very fitly supplied out of the anonymous journal in manner and form following , viz. after these speeches ( before set down ) touching the subsidy , m r speaker stood up and said , that he had a message to deliver from her majesty to the said house . yesterday a great number of this house ( after many speeches used ) delivered two bills to me . which bills though not read , yet were diversly spoken of . they being long , the matters grave and of great importance , and the day being almost spent , i desired further time to consider of the parts of the bills . i humbly thank this honourable house , time was freely granted me . it being almost twelve of the clock , i had perused and read both the bills ; i have them about me , and they have been continually with me ever since they were delivered unto me . never any mans eye more than my own ever saw one word of them . a little after i had perused the bills , i was sent for by a special messenger from her majesty . coming in her royal presence , i was commanded to deliver these words from her most excellent majesty unto the body of the realm , for so she termed this house . the matter i have to speak is great , yea it is the greatest matter that ever i had to deal in . wherefore i pray god to direct mentem & linguam hanc . i must be short , for her majesties words were not many : and i may perhaps fail in the delivery of them . for though my auditors be great , yet who is so impudent whom the presence of such a majesty could not appal ? and it did greatly fear me when i saw none of these honourable persons in her presence , who were present at the holding of the matter in this house . yet god in his providence had appointed it , that even in this while came in some of the persons here present , who if i fail in delivering what is given me in charge , can report it unto you . and i am glad there are witnesses with me in this action , what was my faithful service for this house . i protest , a greater comfort never befel me , than that this my integrity and faithful promise to this house is not violated . for her majesty in her most gracious wisdom before my coming determined not to press me in this , neither indeed did she require the bill of me ; for this only she required of me , what were the things in the bill spoken of by the house ; which points i only delivered , as they that heard me can tell . the message delivered me from her majesty consisteth in three things ; first , the end for which the parliament was called ; secondly , the speech which the lord keeper used from her majesty ; thirdly , what her pleasure and commandment now is . for the first , it is in me and my power ( i speak now in her majesties person ) to call parliaments , it is in my power to end and determine the same , it is in my power to assent or dissent to any thing done in parliaments . the calling of this parliament was only , that the majesty of god might be more religiously served , and those that neglect this service might be compelled by some sharp means to a more due obedience , and more true service of god , than there hath been hitherto used . and further , that the safety of her majesties person and of this realm might be by all means possible provided for , against our great enemies the pope and the king of spain . her majesties pleasure being then delivered unto us by the lord keeper , it was not meant we should meddle with matters of state , or causes ecclesiastical ; for so her majesty termed them . she wondred , that any could be of so high commandment to attempt ( i use her own words ) a thing so expresly contrary to that which she had forbidden . wherefore with this she was highly offended . and because the words then spoken by my lord keeper are not now perhaps well remembred , or some be now here that were not then present , her majesties present charge and express commandment is , that no bill touching the said matters of state or reformation in causes ecclesiastical be exhibited . and upon my allegeance i am commanded , if any such bill be exhibited , not to read it , &c. thus far out of the said anonymous journal . on thursday the first day of march , four bills of no great moment had each of them one reading ; of which the first being the bill against strangers born to sell by way of retail foreign wares brought into this realm , was read the first time . mr. serjeant yelverton , one of the committees for the examination of the election and return of the members of this house , and also of the cases for priviledge , appointed on monday the th day of february last past , happening to fall out during this present sessions of parliament shewed , that he and the residue of the committees for those causes did meet yesterday in the afternoon ( according to the commission of this house to them in that behalf ) and that having then some cases brought unto them both touching elections and returns in sundry sorts , and also one case of priviledge touching one mr. fitzherbert , elected a member into this house , and alledged to be outlawed upon judgment , shewed , that the greater number of the said committees having travelled in these cases , did impose upon him the charge of making the report thereof unto this house . which because he would gladly do in such wise , as the more part of the said committees had assented unto , he had set down the same ( he said ) in a note for his better remembrance in writing . and so particularly recited thestate of the saidcases treated of amongst the said committees , and to be so reported over unto this house for the further resolution and order of this house to be had in the same . after which words , although there follow some four lines more in the original journal-book of the house of commons , ( in which it is generally related , that the rest of this forenoon was spent in the agitation of this and such like business ; ) yet because neither any particular relation of the speeches in this business of m r fitzherbert , or of those other aforesaid passages handled in the said committee touching elections is there set down ( although all the said matter be of very great weight and consequence ) i have therefore supplied a great part of the same out of the aforesaid anonymous journal , more particularly mentioned at the beginning of this present journal . where although all that part of mr. serjeant yelvertons speech touching mr. fitzherberts election be omitted ( and which is before very happily supplied out of the original journal-book it self ) yet the rest or at least the greater part of his relations before mentioned is set down , and is here inserted out of the same , with divers other speeches used and uttered chiefly touching that question . all which , ( some alterations only excepted for order and explanation sake ) are herein inserted out of the said anonymous journal in manner and form following , viz. serjeant yelverton spake further also , ( after he had finished the relation of the committees proceeding touching m r fitzherberts election ) concerning the priviledges of the house . in which he declared the case of the burgess of miscread in cornwall , after whose election the town refused to deliver up their indenture to the sheriff : but the party elected made his indenture and delivered it to the clerk of the crown , who filed it with the rest of the indentures returned by the sheriffs , the sheriff having indorsed it upon the writ . but this indenture was never executed by the sheriff , and yet the return was holden ( by the committees as it should seem ) to be good . mr. heile , who had been another also of the committees spake next , and shewed the state of this and some other questions handled in that said committee , which were as followeth , viz. john , &c. is returned in the indenture by the name of richard , and whether this may not be amended by the house . mr. audeley is returned burgess for two towns , he having elected for which he will be , a new writ is to be directed to the other town to chuse another . two burgesses are returned for one town : one of the burgesses being mistaken is willing to resign unto the other . whether by the assent of the sheriff and party this is to be done . the bailiff of southwark electeth himself by the name of richard hutton gentleman , and the indenture returned by the sheriff is richard hutton bailiff , if this be good . thomas fitzherbert of staffordshire being outlawed upon a capias utlagatum after judgment , is elected burgess of this parliament . two hours after his election , before the indenture returned , the sheriff arrested him upon this capias utlagatum . the party is in execution . now he sendeth this supplication to this house to have a writ from the same to be enlarged to have the priviledge in this case to be grantable . he argued thus . that he was not electable , because in the calling , and in the electing of parties called , there must be chosen viri idonci * . but a man outlawed is not idoneus , therefore not electable . considering this disability holds in all other causes of law , therefore in this that is the greatest . he urged the authority of h. . four parties attainted moved to have their attainders redressed before they can sit . there 't is said a man outlawed for sorging false deeds is not eligible to be of the parliament . then sir edward hobby spake as followeth . the party outlawed is not out of his wits , therefore capable ; and then is a man able to be chosen and idoneus to be a burgess . only a differrence may be made where the outlawry is for a cause criminal and for a case personal , as in this cause . is this disability greater ? that a man outlawed may not be a burgess , as well as an attorney to a man , or an executor ? i think it will stand with the priviledge of this house to deliver him , though he were outlawed . mr. lewes said , that a man outlawed cannot have priviledge , being an execution upon a capias , quia frustra legis auxilium implorat , qui in legem peccat . cardinal pool would not come into the parliament house , till the attainder against him was reversed . ignotus quidam . multa sunt quae fieri non debent , quae tamen facta , tenentur bona . it had been a good exception against his election to say he was outlawed , but 't is no disability to him being elected . serjeant yelverton said , he could not have the priviledge being in execution upon a capias utlagatum after judgment . the book of edw. . . cited to be expresly so . and that a judge reported unto him , that in hen. . a burgess being arrested and in execution upon a statute , could not have priviledge of the house . whereupon mr. finch said , he could not tell which to hold or which side to take . the book of hen. . doth prove that there were elected such as were attainted , and that disability was taken against them . the writ to chuse a burgess is not legalem hominem , but idoneum : therefore we ought not to be so strict as if he were to be challenged upon a jury . at the common law , outlawry was only for causes criminal , as for treason or felony ; but this outlawry in personal causes is only by the statute of hen. . which makes not so great a disability as that at the common law. on the other side utlagatus ne villein cannot be a champion , which is as a judge to decide : then à fortiori , he can be no judge in this house . outlawry is as an attainder , therefore the party so stained is no competent judge . the great charter is , all tryals ought to be per legales homines & parium sitorum . the outlawed man is not of the number of parium , so not to be a judge . vide edw. . utlagatus ne poiet estre . mr. broughton held , that a man outlawed may be a burgess . for in no case is outlawry disability where a man is en auter droit , as to be executor or attorney , it is no exception to the party . the case in hen. dyer . . was cited . mr. hall's man was delivered out of execution the last parliament by a mittimus from the house . and though the party be in execution , if not at the queens suit , he is to have the priviledge ; and yet the party not to lose his debt , nor the sheriff to be charged . vide postea april th thursday . nota , that these speeches are all transcribed out of the said anonymous journal , more particularly mentioned at the beginning of this present journal . after which , by occasion of a message sent down from the lords , it should seem this business brake off abruptly at this time . and therefore see more concerning it on friday the d day , and on saturday the th day of this instant march ensuing ; and on monday the th day of the same . the said message is set down very exactly as it was sent from their lordships ( some things only being added for order and explanation in the transcribing of it ) in the original journal-book of the house of commons in manner and form following . mr. egerton , attorney general , and mr. doctor carey coming to the house with a message from the lords , were sent for in , and were brought up by the serjeant making three low curtesies before they approached to the speaker , and delivered their message to him , which he afterwards propounded to the house . the message which they brought from their lordships unto the house was , that their lordships did desire to put this house in remembrance of the speeches delivered by the lord keeper upon the first day of this parliament , for consultation and provision of treasure to be had against the great and eminent dangers and perils of this realm , by the mighty adversaries and enemies of the same . and thereupon their lordships did look to have heard something from this house touching those causes before this time . and therefore had to that end hitherto omitted to do any thing therein themselves . and thereupon their said lordships do desire , that according to the former laudable usages between both houses , to wit , the lords house and this house in such cases , a committee of some grave and setled members of this house may be appointed to have conference with a committee of their lordships touching the causes aforesaid . which done , the said mr. attorney and mr. doctor carey being sequestred the house , mr. speaker making report of the said message to this house , it was presently resolved by the whole house , that such a committee of this house should be selected thereupon for that purpose accordingly ; with this request also from the house , that the said m r attorney general and mr. carey might both signify unto their lordships the willing and ready assent of this house unto their lordships said request , and also move their lordships touching their pleasure for the number of the committees to be appointed for their lordships , and for the times and place of meeting , to be signified from their lordships to this house ; to the end thereupon this house may proceed to the selecting of a convenient number of this house for the said conference accordingly . and then the said mr. attorney general and the said mr. doctor carey being returned into this house again , mr. speaker delivered unto them their answer and the request of this house unto their lordships in manner aforesaid accordingly . mr. attorney general and mr. doctor carey do bring word from the lords , that their lordships do make choice of the number of twenty for their committee , and that their lordships do appoint two of the clock this afternoon for the time , and the chamber next unto the upper house of parliament for the place . which done , the said master attorney general and the said mr. doctor carey being sequestred , and the said message delivered unto this house by mr. speaker , it was agreed , that a convenient number of this house should be appointed to meet with the committees of their lordships at the said time and place accordingly . and then immediately the said mr. attorney general and mr. doctor carey being called into this house again , the said answer was delivered unto them by mr. speaker accordingly . whereupon these committees following were appointed to attend upon the committees of the lords in the said conference at two of the clock in the afternoon of this present day in the chamber next to the upper house of parliament , viz. all the privy-council of this house being in number four , serjeant yelverton , m r dyer , m r sandes , sir henry unton , m r wroth ; sir henry cocke , sir francis hastings , m r fulk grevill , sir henry knivet , sir william moore , m r recorder of london , m r heyle , m r doctor awbery , m r lewes , m r anthony cooke , sir moyle finch , m r george moore , sir francis gudolphin , m r francis bacon , m r doctor awbery , sir thomas shirley , sir thomas stafford , sir thomas conisby , sir edward dymock , m r john hare , m r barker , m r trevor , sir george carey , sir thomas cecill , sir walter raleigh , sir francis drake , sir william knowles , sir thomas dennys , sir henry poole , sir thomas west , sir robert sidney , m r tasborough , m r flowre , sir john payton , m r william haymond , sir edward hobby , sir john harrington , sir thomas read , sir william brunker , m r doctor caesar , m r lewkenor , mr. atty , mr. robert sackvile , sir charles candish , mr. nathanael bacon , mr. doctor herbert , mr. serjeant harvey , mr. serjeant haman , sir george savil , mr. henry finch , mr. philips , sir thomas flemming , sir nicholas saunders , mr. humphrey conisby , sir edward grevill , sir christopher blunt , mr. cradock and mr. grimston . the committees in the bill for reducing of disloyal subjects to their due obedience , whose names see before on wednesday the th day of february last past , which should have met this present day in the afternoon in this house , are appointed over to meet to morrow next in the afternoon at the said place . on friday the second day of march there was no other business entred upon but that of mr. fitzherberts , which being but shortly and imperfectly set down in the original journal-book of the house of commons , i thought good to transcribe the relation of the dispute therein had out of that often before-mentioned anonymous journal of the same house , in which some small things only being altered ( for order sake ) it is set down on this present friday being the second day of march in manner and form following , viz. after prayers there was no bill read , but presently mr. george moore spoke to the question of m r fitzherberts election being an outlawed person , and of his arrest upon the capias utlagatum , after he had been so elected a burgess of the house , and before the indenture in that case made had been returned unto the sheriff . upon all which matters considered of , his opinion was , that he ought not to have priviledge , nor to serve as a member of this house . sir henry knivet spake next , and as it should seem spake for mr. fitzherbert , that he ought to have the priviledge of the house : but had never a new reason , only he took exceptions that the priviledges of the house and the ancient customs thereof were not observed ; and that men gave not audience to them that spake , and pleased them not , but were ready to interrupt them . mr. tasborough , mr. stephenson , mr. bronker , and mr. sandes spake severally also touching the same matter , disputing and arguing it pro and con , as well for his being as not being a member of this house , as also for his having and not having the priviledge of this house ; but they gave no other new reasons touching the said case more than had been already delivered in a former dispute of the same , the day last immediately foregoing . mr. tanfeild speaking next held , that a person outlawed might be a burgess of the house . wherein he made a difference , where exception to the burgess grew upon matter before the election , and where after . if the exception grew after , then a burgess elected must not be one of the house . if exception be taken to this election , and this outlawry alledged to disable him , the statute of hen. . cap. . will disable most of this house ; for they ought not to be burgesses now , if this be not a good election . thence it follows , that the party elected is to have his priviledge . and though the common law doth disable the party , yet the priviledge of the house being urged , that prevaileth over the law. then said mr. speaker , i desire that i may be heard a word , not that i have any voice or assent to give , though i am of the house , but because i am a servant to the house , and have somewhat to speak . it appertaineth to my duty and place , which i desire to have leave to utter , for my speech shall not tend to meddle to decide the question , but only to inform the house of my knowledge , and to do that duty which i think belongeth to my self . the questions delivered by the committees were these two . first , whether mr. fitzherbert were any member of the house ; and , secondly , if he were , whether to have the priviledge ? it hath been my manner ever since my first practice to observe strange learning , especially such as appertaineth to the law , as in this of the priviledge of this house , therefore i will inform what i have learned . first this writ of priviledge must go from the body of this house , made by me , and i to send it into the chancery , and the lord keeper is to direct it . now before we make such a writ , let us know whether by law we may make it , or whether it will be good for the cause or no. for my own part my hand shall not sign it , unless my heart may assent unto it . and though we make such a writ , if it be not warrantable by law and the proceeding of this house , the lord keeper will and must refuse it . no man shall stand more for the priviledge of this house than i will , and what is the priviledge of this house is meet should be observed . to the matter , first there hath been inforc't her majesties commandment . i obey any commandment of her majesties , knowing them to be great and reverend , as far as any body . but i do not take it , that we have received any such commandment ; for her majesties commandment by the lord steward was to every man that stood outlawed . we have no such command . now whether a man outlawed may be a burgess , i hold it no question , but that a man outlawed , attainted or excommunicated , or not lawfully elected , if he be returned , out of all doubt is a lawful burgess . this is proved by book authority , and express statutes , as that of h. . cap. . a. a knight untryed returned shall lose his wages , therefore allowed by the statute to be a knight , though untruly returned , and the penalty is only to lose his wages . another authority is in h. . cap. . and if we go to examine persons elected to parliament , we shall then dissolve all parliaments , and call in question all former laws made , by reason there were not lawful and able law-makers . if it appeareth once unto us by record , that such a man is burgess , we must believe the record and make no question of it . for if such matters shall be examinable by us , then must we try it by witness from the place where the fact was , and so shall those a great way hence be driven by witness to prove whether we be lawful burgesses or no ; which will be very inconvenient . but matters of record , such as appear unto us to be recorded , these are to be examined by us , for the record is to be seen . so that for priviledge i would grant it , if it were sedente parliamento , & eundo , redeundo , or manendo , to every member of this house . but the cause with mr. fitzherbert being , that after his election and before his return he is arrested and in execution by a capias after judgment , whether this man be to be priviledged or no. i will but speak what i think , and what i have learned , and i have good precedents for . in this cause he is not to have priviledge . for the question is , whether the sheriff be to take notice of this nomination , or not before he is returned unto him elected : and i think not , for it appeareth not unto the sheriff before he is returned , whether he be elected or not . so this nomination is not a thing whereof he is tyed to take notice . in ferris and tenures case , in h. . fol. . you may see this case . thomas thorp h. . was chosen speaker of the parliament , and after his election and before the parliament , upon a suit betwixt the duke of york and him , thorp was taken in arrest and put in execution . hereupon he put up his petition to the house of parliament to have the priviledge . upon the resolution of both houses it was yielded he could not have the priviledge of the house . this was also in h. . time , and in ed. . fol. . i think ; the opinion there of danby is referred to this cause . and because mr. fitzherbert stood outlawed upon judgment , a matter that is recorded , it were meet the whole cause were brought before us , that we might the better judge upon it . and i think this course best standing with the gravity of this house , before that we made out any writ , to grant a habeas corpus cum causa returnable in chancery , and the sheriff to appear , the whole matter being transmitted out of the chancery hither , we to judge upon the whole record as it shall appear . and upon this writ granted , the sheriff bringing up the party , it shall be no escape in the sheriff , nor the party shall not lose his action of debt though he be delivered . this course was well liked and the motion agreed unto by the greater part of the house . vide mar. . antea & mar. . post , & apr. . thus far out of the before-mentioned anonymous journal touching the aforesaid question , how far an outlawed man might be a member of the house . the which and the further proceeding therein being by the speaker interposing himself for this time reconciled , and upon the matter agreed upon , there followed the agitation of the great business touching the danger of the realm , and supply to be given to her majesty , which had been before treated of by two select committees of either house , as may fully appear by the report of that which was done at the said committee made this day unto the house by sir robert cecill who had been one of them . which being very exactly set down in the original journal-book it self of the said house ; is inserted out of it in manner and form following , viz. sir robert cecill one of the committees appointed by this house for conference with the committees of the lords shewed , that he and the residue of the committees of this house did yesterday in the afternoon repair unto the said committees of the lords at the place appointed , where the lord treasurer of england in the name of the residue of the said committees of the lords shewed unto the committees of this house the great and present need of provision of treasure to be imployed for the defence of the realm against the invasion of the great and mighty enemies unto this realm and state ; and shewing further , that the double subsidy and fifteenths and tenths lastly granted unto her majesty , amounting but unto two hundred and fourscore thousand pounds , her majesty hath nevertheless in these defensive wars expended of her own treasure alone ten hundred and thirty thousand pounds since the time of the granting of the said double subsidy and of the said fifteenths and tenths . and that therefore their lordships weighing the great present necessity of greater and more speedy supply of treasure to be had than two intire subsidies and four fifteenths , do negatively affirm , that their lordships will not give in any wise their assents to pass any act in their house of less than three intire subsidies to be paid in the three next years at two payments in every of the same years , the first to begin soon after the next easter , and the second soon after the next michaelmas , and so yearly after easter and michaelmas during the said three years . and that to what proportion of benevolence or unto how much their lordships would give their assents in that behalf , they would not as then shew unto the said committees of this house . but insisting for conference again to be had he further urged , that this house might be moved to yield a greater supply . to which end he alledged , that the usual late subsidies were very small , and were also imposed for the most part upon the meaner sort of her majesties subjects ; declaring , that he knew one shire of this realm wherein there were many men of good living and countenance , but none of them in the said last subsidies assessed at above four-score pound lands per annum . and that in the city of london also , where the greatest part of the riches of the realm are , there was no one assessed at above two hundred pound goods a man , and that not yet past above four or five such . which speech in effect being ended , and in far better sort delivered than he had reported it , he in conclusion referred the further consideration thereof to the gravity of the house . nota , that that which follows touching the conclusion of this forenoons business , as also touching the agitation of the aforesaid great matters , of the danger of the realm , and of a proportionable supply to be given , which ensued in the house at the committee in the afternoon , are either very imperfectly set down or wholly omitted in the original journal-book it self , and are therefore supplied out of the said anonymous journal more particularly mentioned at the beginning of this present journal . m r francis bacon as soon as sir robert cecill had made an end of the former report of the business handled at the said committee , of which himself also had been one , spake next , and yielded to the subsidy , but misliked that this house should join with the upper house in the granting of it . for the custom and priviledge of this house hath always been , first to make offer of the subsidies from hence , then to the upper house , except it were that they present a bill unto this house , with desire of our assent thereto , and then to send it up again . and reason it is , that we should stand upon our priviledge , seeing the burthen resteth upon us as the greatest number ; nor is it reason the thanks should be theirs . and in joining with them in this motion , we shall derogate from ours ; for the thanks will be theirs and the blame ours , they being the first movers . wherefore i wish that in this action we should proceed , as heretofore we have done , apart by our selves , and not join with their lordships . and to satisfie them who expect an answer from us to morrow , some answer would be made in some obsequious and dutiful manner . and out of his bosom he drew an answer framed by himself to this effect : that they had considered of their lordships motion , and thought upon it as was fit , and in all willingness would address themselves to do as so great a cause deserved . to join with them he said he could not , but with prejudice to the priviledge of the said house . wherefore he desired as they were wont , so that now they might proceed here in by themselves a part from their lordships , and that they might do it without discontent . to this purpose he cited a precedent in h. . time , where four of the lords came down into the house of commons , and informed them what necessity there was of a subsidy : and that thereupon the house took it to consideration a part by themselves , and at large granted it . by which it should seem that he did infer , that the lords might indeed give notice unto the said house of commons , what need or danger there was , but ought not to prescribe them what to give , as at the meeting of the former committee the lord treasurer had done . whereupon the house well approving the said m r bacon's opinion , it was upon the question ordered , that the former committees of this house in the same cause ( whose names see on thursday the first day of this instant march foregoing ) should meet here in this house at two of the clock in the afternoon of this present day , for framing of an answer of this house to be made unto the said motion of the said committees of the lords , and to make report to morrow in the morning to this house of such their answer so to be framed ; to the end the same being agreed on and allowed by this whole house , may presently thereupon be signified unto the said committee of the said lords accordingly : for that the said committees of this house did yesterday shew unto their lordships , that their lordships should then receive an answer of this house unto their lordships said motion . in the afternoon of this present friday aforesaid the committees met in the house according as it had been ordered in the forenoon by the said house , and spent all the time in many good discourses and disputations for the subsidy : but a great part thereof was spent in arguing what the matter was which was referred unto them by the house ; whether a subsidy should be yielded and that signified for an answer from them to the lords ; or whether the committees were only to consider of an answer according to m r bacons motion , that this house would alone by themselves consider of the subsidy without joining . these following spake for the subsidy , especially inforcing the necessity of it . sir william moore shewed , first , that her majesty had more cause to have the subsidy than had h. . e. . or queen mary ; for h. . his wars continued not , though they were violent for the time . his wars were impulsive and not defensive . he had the suppression of all the abbies , a matter of great riches unto him . he had a benevolence and then a subsidy paid within three months . edw. . had chantries and all the church plate for relief paid him . queen mary had a relief paid her , which she never repaid . but her majesty that now is , hath been a continual defence of her own realm and her neighbours kingdoms , england , ireland , france and the low countries ; yet hath she repaid the loans , and had not such helps . sir george carey said , i speak for the subsidy , ( first answering one that had said , we must regard them and their estates for whom we be here ) saying , he regarded and came for them as was meet ; and they will more thank us for taking somewhat from them , than if we should abandon them and leave them and all that they have to the spoil of the enemy ; which will be , if with forces we provide not to withstand them . for eminent dangers hang over our heads , and are intended to us this summer . the spaniard already hath sent seven thousand pistolets of gold into scotland to corrupt the nobility , and to the king twenty thousand crowns now lately were dispatched out of france into scotland for the levying of three thousand , which the scottish lords have promised ; and the king of spain will levy thirty thousand more , and give them all pay. her majesty is determined to send sir francis drake to sea to encounter them with a great navy . wherefore this our danger is to be prevented , and those her majesties infinite charges by us to be supplied . sir walter raleigh spake for the subsidy , not only ( as he protested ) to please the queen , to whom he was infinitely bound above his deserts , but for the necessity he both saw and knew . he very well discovered the great strength of the king of spain . and to shew his mightiness , he told how he possessed all the world. as also that his malice and ill purpose was evident to this realm , he shewed how on every side he had beleaguered us . in denmark the king being young he had corrupted the council and nobility so as he was very like to speed himself of shipping from thence . in the marine towns of the low countries , and in norway he laid in great store of shipping . in france he had the parliament towns at his command . in brittany he had all the best havens . and in scotland he had so corrupted the nobility , that he had promised them forces to re-establish papistry . that they were ready to joyn with any foreign forces that would make them strong , to be by themselves and to resist others . for as he thought there were not six gentlemen of that country of one religion . in his own country there is all possible repairing , and he is coming with sixty gallies besides other shipping with purpose to annoy us . we must then have no ships ( if he invade us ) riding at anchor , all will be little enough to withstand him . at his coming he fully determineth to get plymouth , or at least to possess some of the havens this summer within our land. and plymouth is a place of most danger , for no ordnance can be carried thither to remove him , the passages will not give leave . now the way to defeat him is this , to send a royal army to supplant him in brittany , and to possess our selves there : and to send a strong navy to sea , and to lye with it upon the cape and such places as his ships bring his riches to , that they may set upon all that come . this we are able to do , and undoubtedly with fortunate success if we undertake it . thus far out of the aforesaid anonymous journal . that which next follows is out of the original journal-book it self . on saturday the third day of march , sir henry knivett entred into a discourse touching the priviledge of this house , of ancient time used and accustomed , for the conventing of any person into this court ; thinking for his opinion , that m r fitzherbert is rather to be called to appear in this house by the serjeants mace of this house , than by any writ of the chancery . and so entring into a recital of george ferrers his case , was put in remembrance by m r speaker , that the manner for the bringing in of the said m r fitzherbert had received the order of this house yesterday , and was therefore now neither to be recalled nor further treated of by this house , till the appearance of the said m r fitzherbert be first here made in this house according to the said former order for the same . sir robert cecill , one of the committees for the framing of an answer of this house to be made to the motion of the lords concerning the subsidy did meet yesterday in the afternoon , and having had much speech and many arguments , did not as then conclude or resolve of any form of answer at all ; for that sundry of the same committees then seemed diversly to conceive of the substance of the matter delivered to them in charge by this house , some conceiving it to tend only to the consideration of the said note read by the said m r francis bacon and no further ; and some again , that their commission was to treat generally of such a form of answer unto the said motion , as the more part of the same committees should think fittest , and the same afterwards to be reported to this house , and referred further to the consideration of this house , to be liked of or not liked of at their pleasure . and shewed further , that he and the residue of the said committees , had met together again this morning , and that the most part of the said committees had for their parts yielded to grant conference with the lords , if this house should so think good , and had appointed him to signify the same unto this house in the name of the said most part of the said committees , which he said he had now done according to their charge which they had imposed upon him . and so referring his said report to the censure of the residue of the more part of the said committees he ended his speech . m r wroth one other of the said committees , not any way excepting to any part of the said report made by the said sir robert cecill so as before resolved by the more part of the said committees for yielding of conference unto the lords , shewed , that he for his own part being also one of the said committees , did not at that time give his assent , neither yet now doth , that any conference should be had with the lords in the said case , for that in his opinion the same would be much prejudicial to the ancient liberties and priviledges of this house , and to the authority of the same . m r beale likewise shewing himself to be of the same mind with m r wroth , and insisting upon the preservation and maintenance , of the former usual and ancient liberties and priviledges of this house in treating of subsidies , contributions and other like benevolences amongst themselves , without any conference therein at all had or used with the lords of the higher house , doth give an instance of a former precedent in the like case ; and offered to shew forth the same precedent to this house , which ( being omitted in the original journal-book it self , is here inserted out of the aforesaid anonymous journal more particularly mentioned at the beginning of this present journal , and ) was as followeth . in anno nono h. . the two houses being divided about the subsidy , and the higher house desiring a greater subsidy than was granted by the lower house ; hereupon twelve that were sent as committees to the lords came down , and informed what was desired by the upper house ; namely a greater subsidy , and to that end conference to be had with them of the house of commons . the commons thought themselves grieved therewith , and so returned their answer that they would consider what was meet to be done in so general a matter , but thought the conference a derogation to the priviledge of the house . hereupon the king answered , that he could not , neither was it fit to violate the priviledge of his commons , but in all things thought it just to prefer them . which said precedent being thus inserted out of the anonymous journal , the rest that followeth is continued out of the original journal-book it self taken in the house and committed to writing by m r fulk ouslow at this time clerk of the house of commons . for it should seem , the speaker and the greater part of the house very well approving , and being satisfied fully with the aforesaid precedent cited by m r beale , yet those of her majesties privy council and the courtiers also at this time of the house were still earnest for admitting of a conference with the lords . and thereupon sir robert cecill spake again , and did put the house in remembrance of the great and urgent necessity for the speedy prevention and avoiding of the great and eminent perils and dangers of this realm and state , to be effected both by consultation and also by provision of treasure ; and thinketh good that conference of this house were had with the lords as a matter very behoofful : especially for that their lordships some of them being of her majesties privy-council do know both the purposes and strength of the enemies on the one side , and also her majesties present store of treasure more or less , on the other side ; much better than those of this house do . resolveth for his own opinion still to give his consent that conference be had therein with the lords , by the committees of this house ; according to their lordships said former motion and request for the same . sir william brunker stood up , and reciting the said great present necessity of consultation and provision , and that it cannot be otherwise , but that the proportion of convenient supply of treasure answerable to the greatness of the dangers which are imminent , must needs require a greater mass of treasure to be had , than hath been as yet treated of in any resolution by this house . and then the question being urged and by the order of the house propounded , whether conference should be had with the lords , upon the motion of the committees of the lords to the committees of this house in this case or no , it was upon the doubtfulness of the voices , twice given upon the question thereof twice propounded , resolved upon the division of the house ; that no such conference should be had with the said committees of the lords , by the said committees of this house ; for the number of them which were for the said conference , and said i , went out of the said house , and were found to be in number but a hundred twenty eight , whereas those that were against the said conference and said no , sate still in the house being in number two hundred and seventeen . so that the matter was over-ruled by eighty nine voices ; with which the order and judgment of the whole house went thereupon accordingly . m r serjeant fleetwood and m r doctor ford do bring from the lords a bill intituled an act for the better assurance and confirmation of the jointure of the lady margaret countess of cumberland . after the delivery of this bill thus sent from the lords the house proceeded in the further agitation of the foregoing great business which by the bringing down of the last mentioned bill from their lordships had been a while interrupted . for it having been already over-ruled by the house , that there should be no conference admitted with the lords touching the matter of the subsidy , which their lordships had desired , it was therefore ordered upon a motion made in the house , that some answer might presently be sent from thence to their lordships to satisfie them touching their said motion for conference ; for that in respect the said conference had been already denied and had been voted to be prejudicial to the liberties of the house by the judgment of the same , that a convenient number of this house should be appointed presently in the name of this whole house to give unto their lordships most humble and dutiful thanks with all due reverence for their said lordships good , favourable and courteous offer of conference with this house in the said cause ; and to signify unto their lordships , that this house cannot in those cases of benevolence or contribution join in conference with their lordships without prejudice to the liberties and priviledges of this house , and of the infringing of the same : and therefore do in most humble wise request and desire their good lordships to hold the members of this house excused in their not assenting unto their lordships said motion for conference ; for that so to have assented without a bill , had been contrary to the liberties and priviledges of this house , and contrary also to the former precedents of the same house in like case had . which done , all the former committees of this house were presently appointed to declare the said answer of this house unto their lordships , and m r chancellor of the exchequer appointed to declare the same . and for this purpose were nominated and chosen . all the privy-council now in this house being four , sir henry unton , m r wroth , m r beale , sir william brunker , sir walter raleigh , sir charles cavendish , sir edward hobby , sir thomas cecill , sir george carey , sir robert sidney , sir thomas west , m r anthony cooke , m r tasborough , sir william moore , m r george moore , m r serjeant yelverton , sir francis drake , sir francis hastings , sir william knowles , sir fulk griffin , m r william haward , sir charles blunt , sir john harrington , m r herbert master of requests , m r arthur george , sir thomas conisby , m r dyer , m r doctor awbery , m r edward barker , m r robert sackvile , sir henry poole , sir edward stafford , sir thomas read , sir henry cock , m r lewkenor , sir john points and sir edward carey , who forthwith went up to the lords of the upper house with the message of the said answer accordingly . and shortly after returning again from thence to this house the said m r chancellor of the exchequer made report of their delivery of the said answer to the lords ; and shewed , that their lordships well hoped to have had conference with this house , according to their former request . and so wished this house to have due care and great consideration touching the speedy provision of a convenient supply of treasure to be had according to the present great necessity of the said cause . and shewed , that their lordships desired to see those precedents of this house , by which this house seemeth to refuse the said conference . and so gave end to his speech for that time . one being no member of this house , and yet found to have sitten in this house , during the greater part of this forenoon , was brought to the bar , and being there examined by m r speaker of his name and place of abode ; answered his name to be john legg , and that he was servant to the earl of northumberland ; and pleading simplicity and ignorance for his excuse , and alledging that he had some business to do with m r doctor herbert master of the requests from the said earl his master , and that therefore he entred into the said house , not thinking any harm nor knowing the danger thereof . and so humbly praying pardon , was in the end committed to the custody of the serjeant of this house , till this house shall upon further examination of the matter take other order . the bill for naturalizing of william sidney and peregrine wingfield was twice read , and upon the question was ordered to be ingrossed . four bills also had each of them one reading ; of which the second being the bill touching george ognell esquire had its first reading . the substance whereof is taken out of the aforesaid anonymous journal ( more particularly mentioned at the beginning of this present journal ) in manner and form following , viz. one trussell having sold the mannor of binsley to ognell for good consideration , and afterwards of purpose to defeat this purchase , caused himself to be indicted of felony done in kent before the seal to ognell , and was thereof attainted , and with relation of the felony defeated ognells purchase ; it was enacted , that this attainder should be void only as in respect of this purchase , and to that end to be as if trussell had never been attainted , nor no lords to have any escheats or other by reason of this attainder . her majesty understanding this , was pleased to remit her interest . m r speaker perceiving some men to whisper together , said , that it was not the manner of the house , that any should whisper or talk secretly , for here only publick speeches are to be used . nota , that these two particulars are only supplied out of the aforesaid anonymous journal , and that which followeth and also that which went before , is inserted out of the original journal-book it self . sir edward dymock moved , that a commit tee of this house may be appointed for a speedy conference to be had touching the present necessary provision and supply of treasure to be had for the defence of this realm and state. and thereupon the former committees for the subsidy ( whose names see before on monday the th day of february last past ) were ordered to meet upon monday next at two of the clock in the afternoon in this house , to confer in this case . on monday the th day of march , two bills of no great moment had each of them one reading ; of which the second being the bill against the stealing of oxen , kine , sheep and lambs , was upon the second reading committed unto m r wroth , m r sands , m r recorder of london and others ; and the bill was delivered to m r wroth , who with the rest was appointed to meet in this house to morrow at two of the clock in the afternoon . the bill concerning salted fish and salted herrings was read the second time , and thereupon committed unto sir francis drake , sir thomas sherley , the burgesses of yarmouth , plymouth , hall and saltash , the burgesses of all the port towns , mr. robert wroth , sir henry knivet and others ; and the bill was delivered to mr. wroth , who with the rest was appointed to meet upon wednesday next at two of the clock in the afternoon in the exchequer chamber . nota , that after the commitment of these bills ensued divers speeches touching that great business of conserence , with the lords which had been very largely debated on saturday last in the house . all which said speeches being either very shortly and imperfectly set down in the original journal-book of the house of commons , or wholly omitted , and for which three intire pages and more are there left blank to have inserted them ( in which are set down the names only of some of those that spake them ) therefore they are supplied out of the aforesaid anonymous journal very elaborately taken by some member of the said house during this parliament , and do here next ensue in manner and form following . mr. beale desired to satisfy the house , by reason it was conceived by the lords the other day , that upon his motion , and by his precedent shewed , the house was led to deny a conference with the lords , he acknowledged he had mistaken the question propounded . for there being but a conference desired by the lords , and no confirming of any thing they had done , he thought we might , and it was sit we should confer . and to this end only he shewed the precedent , that in the th year of h. . the commons having granted a subsidy , which the lords thought too little , and they agreed to a greater and would have the commons to confirm that which they had done ; this the commons thought they could not do without prejudice to this house . wherefore he acknowledged himself mistaken in the question and desired if any were led by him , to be satisfyed , for that he would have been of another opinion if he had conceived the matter as it was meant . sir thomas heneage propounded the question anew , and thought that with the priviledge of the house , and by precedents to be shewed , there had been conference with the lords used upon the like motion . sir john wolley thought that the former denyal grew upon mistaking of the question , and upon better consideration would have the matter reversed , and now to assent to that which was denyed before . sir henry knivett moved , that for the freedom of the house it might be concluded amongst them a matter answerable at the bar , for any man to report any thing of any speech used , or matters done in this house . sir henry upton spake in defence of the former proceedings of the house , and shewed how it had proceeded ; first agreeing to a double subsidy and four fifteenths , this being offered , and the lords thinking it seemed little , and considering the present necessity , the lack of payment of subsidies , and the true rating of subsidies , over that they were wont to be , they desired a conference with the lower house , giving reasons of great importance for a greater aid ; and they gave us a taste of what was needful , as three subsidies at the least ; and upon those great causes desired a conference the next day . this being delivered unto the house by one of the committees sent to the lords , the house upon consideration thought it not to stand with their priviledge to confer with their lordships in matter of subsidies , because it was the liberty of the house to make offer themselves to her majestv . and in regard it stood not with the priviledge of this house to confer with the lords , hereupon they advise upon an answer to be made unto the lords , wherein they should give them thanks that they had vouchsafed to confer with them of this house ; but shewed , that with the priviledge of the house they could not have conference with them in matter of subsidy . further he thought the house much injured , that they should be reported to be against the subsidy ; and the parties injured who speaking the last day against the subsidy , their names were given up , and were noted for it to the queen . and now my motion is that we must confer with the lords upon the subsidy , but not in any fort to be conformed therein unto them . and for that occasion past , he desired that m r speaker might be sent and report the truth of the whole matter and manner of our proceedings . sir robert cecill spake next and said , i desire now i may be somewhat long , because i must include an answer to three speeches . those two honourable persons that sit above , the one of them declared the true state of the question , the other what was fit we should do . but my answer shall tend only to those tales that followed . the first was a kind of satisfaction for a former mistaking ; but in the same satisfaction a new mistaking was also ; which was by way of information , casting it into the house , that the queen should seem to demand three subsidies . now the queen never demanded three , nor one . so there is a new mistaking added to the former satisfaction . the second mans motion thus far i allow , that the counsel of this house be secretly kept , and that nothing be reported in malam partem : but if his meaning be , that we may not impart any thing that is done here unto the queen , but that all things must be secret from her , i am altogether against it . this only i should desire , what ought to be observed , that nothing ought to be reported unto her in malam partem . the third mans motion consisted of three points . the first was news , the second was history , and the third and last a motion . his news was , that mens names were given up to the queen . this was news . for i heard it not before . the history was a large report of the progress of this matter . his motion was , that we should confer with the lords about a subsidy with them , but not conclude a subsidy with them . his matter seems contrary to his meaning , or else is more than ever was meant ; for it was never desired of us by the lords , that we should confer with them about a subsidy . sir walter raleigh spake next and moved , that seeing the division of the house the last day grew as he conceived upon the mistaking of the question , and that since some had reported unto him , that had the question been propounded whether they should only yield to a conference in general with the lords , they would not have been against it ; and therefore he desired m r speaker to put it to the question , whether they should confer with the lords generally or not , without naming a subsidy . this motion being well liked , sir walter raleigh was desired by the house to repeat it again , that so it might be the better heard of them all . and thereupon he said , that touching the aforesaid question which had received a no upon saturday last foregoing , he would not make it a question again , for by the order of the house he could not ; but propounded this for a new question in these or the like words , whether the house would be pleased to have general conference with the lords touching the great imminent dangers of the realm and state , and the present necessary supply of treasure to be provided speedily for the same according to the proportion of the necessity . which said question being propounded unto the house , it was assented unto accordingly by them all without any negative voice . and thereupon the former committees appointed for conference with their lordships ( whose names see before on thursday the first day of this instant march ) were presently sent up from this house unto their lordships to signify the resolution of this house in yielding to the said general conference with their lordships according to their former desire . and that sir thomas heneage her majesties vice-chamberlain should make report thereof from this house unto their said lordships . thus far out of the aforesaid anonymous journal ; that which followeth is inserted out of the original journal-book it self . upon a motion made by m r serjeant harris for the order of this house for setting at liberty of john legg servant to the earl of northumberland , who was found sitting in this house upon saturday last and is no member of the same , and was thereupon committed to the serjeants ward till further order should be taken with him by this house ; the serjeant of this house is appointed to have the said john legg here to morrow morning . the bill touching the true assizing of bread had the second reading , and was committed to the former committees in the bill concerning salted fish , and salted herrings ( appointed in the beginning of this present day ) and to meet at the same time and place , as for the said bill touching salted fish and salted herrings is appointed ; and the bill was delivered to m r wroth one of the said committees . the bill for naturalizing of samuel saltingstall and others born beyond the seas was upon the second reading committed to m r treasurer , sir thomas west , m r recorder of london , sir henry knivet and others , and the bill was delivered to sir thomas west , who with the rest was appointed to meet upon wednesday next at two of the clock in the afternoon in the exchequer chamber . m r vice-chamberlain and the residue of the committees making their return from the lords , he shewed their lordships ready good will in accepting the offer of conference of this house with their lordships . and their lordships have appointed for that purpose a committee of two and twenty of themselves to join in conference with the committee of this house , and have appointed the place to be in the chamber next to the upper house of parliament , and the time to be to morrow at two of the clock in the afternoon . and thereupon the committee of this house appointed to have conferred amongst themselves for the matter of the subsidy this present afternoon in this house , are appointed to defer their further consultation therein , until the said other committees of this house appointed for the said general conference with the lords shall have further acquainted this house of their travail and treaty to be first had with the said committees of the lords . and also the meeting of the committees in the bill for reducing of disloyal subjects to their due obedience is now signified to the same committees to be held in the afternoon of this present day in this place . on tuesday the th day of march , two bills of no great moment had each of them one reading ; of which the second being the bill for confirmation of letters patents granted to the mayor , sheriffs , citizens and commonalty of the city of lincoln was read the second time . sir edward hobby one of the committees for returns and priviledges shewed , that for the borough of camelford in the county of cornwall , one richard leech was returned to the sheriff for a burgess by a false return : and that afterwards sir george carew knight , was returned burgess by the true return . and alledging that the said richard leech offered to yield the place to sir george carew , moved the order of this house therein . and thereupon m r speaker was appointed to move the lord keeper in the said case for this order , either in the allowance of the said sir george carew in the place of the said richard leech , or else in awarding a new writ for the chusing another at his lordships pleasure . and so for his lordships order in the case of the burgess returned for the borough of southwark , in the allowance of richard hutton already returned , or else in awarding of a new writ for chusing of another at his lordships pleasure . and so also for his lordships order in altering the name of john dudley to the name of thomas dudley in the return of one of the burgesses of newtown in the county of southampton , or else to award a new writ at his lordships pleasure . the bill against aliens born to sell by way of retail foreign wares brought into this realm , was upon the second reading committed unto sir john wolley , sir edward stafford , sir robert sidney , m r recorder of london and others , who were appointed to meet upon thursday next at two of the clock in the afternoon in the exchequer chamber . the bill touching m r read stafford , &c. was upon the second reading committed unto m r heyle , sir edward stafford , sir henry umpton , sir thomas west and others , who were appointed to meet upon monday next at two of the clock in the afternoon in the star chamber . m r vice-chamberlain putting the house in remembrance of their resolution yesterday for praying conference with their lordships touching the great dangers and necessary remedies to be considered of , and which was then so signified unto their lordships by the house , which return from their lordships of the time and place appointed by them for that conference , being at two of the clock in the afternoon this present day , in the chamber next to the upper house of parliament , moved that it may be presently resolved in this house , wherein and how far the said committees of this house shall have warrant to treat with the committees of the lords . it was after many speeches of sundry members of this house very well delivered to divers effects and purposes resolved and agreed by the whole house upon the question , that the said committees of the house should have authority to confer with the said committees of the lords generally concerning the said dangers and remedies as occasion should serve : but not in any manner of wise to conclude or resolve of any thing in the said conference particularly , without the further privity or assent of this whole house to be had in that behalf , upon the report of the said committees to be first made unto this house of their proceedings in the said conference to be had this present day as aforesaid . nota , that there is no more found of this days passages in the original journal-book of the house of commons , although there be almost two pages left blank by m r fulk onslow at this time clerk of the said house , with intention doubtless at the first to have inserted them , and therefore they are very largely and fully supplied out of the aforesaid anonymous journal very elaborately taken by some member of the same house during this parliament , where it appeareth that after the aforesaid speech of sir thomas heneage her majesties vice-chamberlain , m r oliver s t john spake next in the manner and form following . m r oliver s t john said , he thought that m r vice-chamberlain did mistake the thing we agreed upon , that we went not to confer with their lordships in any thing that we had to deliver , but to understand of things from them , the conference being offered from them and not from us . sir walter raleigh answered m r s t john , that he mistook m r vice-chamberlain , and the thing agreed by the house ; for we agreed all to a general conference , but not in particular for the subsidy , for this we refused . if we confer generally , it must be of our dangers , and of the remedies , which must be by means ; if of means , it must be of money and aid . so our conference must needs be of subsidy , or rather aid ; but to agree upon this with any resolution either in the matter or substance , it is not our meaning . sir robert cecill answered m r s t john , that he mistaking m r vice-chamberlain , did wrong him in saying he delivered the message insufficiently or untruly , and so would have the priviledge of the house ; and that it should be delivered by the committees whether m r vice-chamberlain did report truly ; and if truly , then m r s t john to answer it : and so said sir john woolley . the house having cleared sir thomas heneage vice-chamberlain , he said he would have no other satisfaction than to be cleared by the house . and protested , he thought no ill of the gentleman , but allowed him for speaking as he thought . sir henry umpton agreed to the conference , and was glad the last days no and this were so well concluded ; and moved , that we might not be deprived of thanks , to agree unto a treble subsidy before we went to confer . m r frowick grevill said : there are two scruples in the house , which i would gladly satisfy ; the one the priviledge of the house , the other the poverty of the people . for precedents they are but examples of things past . now every example ought to be stronger than the thing we fear : for if the thing be otherwise and our necessity greater , the former doings are no rules to us . and so precedents as they are not to be rejected , so they ought not to be eternal . for the poverty of our country , we have no reason to think it poor , our sumptuousess in apparel , in plate and in all things , argueth our riches . and our dearth of every thing amongst us , sheweth plenty of money . but it is said , our countries are poor , and we must respect them that sent us hither . why , so we must also remember who sent for us hither . this cause is hard ; for there is necessity against necessity , danger against danger , and inward discontent against outward forces . the poor are grieved by being overcharged ; this must be helped by increasing our own burthen ; for otherwise the weak feet will complain of too heavy a body ; that is to be feared . if the feet knew their strength as we know their oppression , they would not bear as they do . but to answer them , it sufficeth that the time requireth it . and in a prince power will command . to satisfy them , they cannot think we overcharge them , when we charge our selves with them and above them : but if nothing will satisfy them , our doings are sufficient to bind them . if the multitudes of parliaments be remembred heretofore , many subsidies now in one parliament cannot seem burthensome . the more laws we make , the less liberty we have to our selves . and now one word for my self , if my speech hath offended , excuse me , i will not often trouble you hereafter . m r speaker said , i do not desire to be thought arrogant , for the thing which i will speak shall be out of duty belonging to my place . because i see many speeches grow upon mistaking , and one speech mistaken to cause another mistaking , & sic undam gignere undam , and so a great deal of time lost in words ; hereafter i will be bold , if any man mistake in the point of a bill , to tell him of it before his speech proceed ; for this question of conferring with the lords has taken up so much time only by mistaking ; for 't is granted by the house to have a general conference . they that should confer had need be authorized and instructed what to confer upon ; for he that hath but delegatam potestatem , will think nothing promissum that is not commissum ; and 't is certain non utile est , ubi nulla est curatio morbi . therefore understand what is needful to confer upon . the question upon the return of the burgess of southwark and for mending a return in an indenture , were referred unto m r speaker to inform the lord keeper thereof . no return can be amended in this house . for the writ and return are in chancery and must be amended there . and in the chancery this is the rule , if the sirname or the proper name of a party be mistaken in the return , the lord keeper will not amend it ; for such tender consideration is had of the free election by the corporations , as no information shall be credited against the return , but the lord keeper will first make out a writ reciting the mistaking in the former return , and then they by the same writ shall have authority to make a new election . thus far out of the aforesaid anonymous journal . on wednesday the th day of march , sir edward hobby moving the cause of m r fitzherbert his bringing up unto this house by a writ of habeas corpus cum causa from the lord keeper , showeth , that he hath moved the lord keeper touching the said writ , and that his lordship thinketh best in regard of the ancient liberties and priviledges of this house , that a serjeant at armes be sent by order of this house for the said m r fitzherbert at his own charge , by reason whereof he may be brought hither to this house , without peril of further being arrested by the way , and the state of this cause to be considered of and examined when he shall be come hither : which was thereupon well liked and allowed by this house . three bills had each of them one reading ; of which the second concerning the lawful deprivation of edward bonner late bishop of london , was read the second time . john legg prisoner at the bar servant to the earl of northumberland ( as he saith ) after a good exhortation given him by m r speaker , and the oath of supremacy pronounced by him at the bar , is upon his humble submission and craving of pardon set at liberty of his imprisonment by the order of this house , paying his fees. vide on saturday march the third foregoing . the bill for confirmation of the jointure of the lady margaret countess of cumberland had its third reading ; and thereupon it was moved by some , that it might now pass the house , and be sent up also to their lordships : but others took exceptions thereat , because the bill had not been as yet spoken unto . whereupon because it could not now be committed after the third reading , it was by the order of the house agreed , that it should be spoken unto to morrow , and afterwards pass the house , or be dashed as the case it self should require . the bill for naturalizing of william sidney and peregrine wingfield , was sent up to the lords by m r treasurer and others . m r serjeant snagg and m r serjeant fleetwood do bring the lords two bills ; the one intituled an act against counterfeiting of councellors or principal officers hands ; and the other intituled an act to confirm the sale of the lands of m r raven gentleman , made unto lisse cave , thomas andrewes and edward hisserigg esquires , towards the payment of a debt due unto her majesty . m r vice-chamberlain shewed , that he and the rest of the committees for conference with the lords did attend their lordships yesterday in the afternoon at the time and place appointed according to the commission of this house , and having there received from their lordships further advertizement of the imminent great dangers of this realm and state more than their lordships had imparted unto them in the last former conference of this house with their said lordships before , they did thereupon move their lordships for their good favour in giving time to this house to consult upon the said dangers and the remedies for the same until to morrow in the afternoon . their lordships thereupon were so pleased to do ; albeit they rather desired the same might have been done sooner . and so reciting at large the particularities of the said advertizement , and whereof some happened since the last former conference , moved this house to grow to some resolution of matter to be prepared ready to be offered unto their lordships to morrow in the afternoon , according unto the promise of himself and the residue of the said committees of this house unto their lordships yesterday . it was in the end after sundry speeches of divers grave members of this house , tending to divers forms of provision of treasure , some by way of treble subsidies and like proportionable fifteenths and 〈◊〉 , and some by other sorts of benevolences , resolved upon the question , that the former committees of this house for consultation to be had for necessary supply of treasures to be had for the repelling of the said dangers , should meet in this house in the afternoon of this present day to confer and consult generally touching the said great dangers , as also touching the remedies , that the same being digested may be reported over unto this house into such form as to the same shall be thought good ; to the end that afterwards it may in the afternoon be imparted unto the lords accordingly . nota , that there is no more of this days passages found in the original journal-book of the house of commons , although there followed divers speeches upon the foregoing motion of sir thomas heneage her majesties vice-chamberlain concerning the great business of supply to be given to her majesty ; all which are therefore inserted out of that foresaid anonymous journal taken by some member of the said house during this parliament , which are there set down ( with very little alteration added to them ) in manner and form following . sir thomas cerill speaking next after sir thomas heneage had ended his former speech , said , that three subsidies might be set down to be paid in four years , and to be charged upon men of ten pound and upwards to spare them that were under . sir henry knivet affirmed the poverty of our country against the reasons used . the principal reason of our poverty he said was because we brought in more foreign wares than we vented commodities , and so by this means our money was carried out of our country . alledging it to be like a pond fed with a spring , but having a breach through which more passeth than cometh in , so &c. he made these two motions ; first , that the queen should be helped by a survey taken of all mens lands and goods in england , and so much to be yearly levyed as to serve the queen to maintain wars , the proportion being set a hundred thousand pound yearly ; and secondly , if this were misliked , every man upon his word and power to deliver what were the profits of his lands and worth of his goods , and so a proportion to be had accordingly . sir francis hastings said , the preparations of the enemies forces are both ready and great , and intus they conspire ; therefore a great aid must be yielded : and i could wish three subsidies to be levyed in this matter ; in the first of them those to be charged of five pound lands and five marks goods ; in the second those of twelve pound lands and eight pound goods , and in the third all to be charged as these have been . sir walter raleigh answered them that spake of the poverty of the land , which they argued by the multitude of beggars , he gave these reasons : that the broken companies in normandy and the low countries who returned maimed hither , never went back again to the towns from whence they came . for a multitude of clothiers take their looms into their own hands , spinning their wooll themselves , and except we would work unto them better cheap than they can make themselves , they will set none on work . this grossing of so many trades into their own hands , beggereth so many as usually lived by the trade . he thought it inconvenient to have so many mens livings surveyed : for many are now esteemed richer than they are , and if their land and wealth were surveyed , they would be found beggars , and so their credit which is now their wealth , would be found nothing worth . he reported of his own knowledge , that the west country since the parliament begun , had taken from them the worth of four hundred and forty thousand pound . they of newcastle lie still for fear , because burdeaux fleet was taken this year by the enemy . for the enemy approaching us , and being our neighbour as he is gotten to be , our trades will decay every day , and so our poverty encreaseth every day more and more . and this is most certain , the longer we defer aid , the less able shall we be to yield aid ; and in the end the greater aid will be required of us . and so sparing them now we shall charge them when they shall be less able to bear it . for this is most true , one hundred thousand pound would have done the last year that which three will not now do ; and three will do this year that which six will not do hereafter . so in conclusion he agreed to three subsidies ; in them the three pound men to be spared , and the summ which came from them to be levied upon those of ten pound and upwards , and the payment to be speedy . sir henry umpton agreed that there should be three subsidies granted , according to the old payment ; only that a care should be had of assessing it on them that were best able . and his conclusion was , that it might be soon agreed upon , for so it would be more acceptable , because tardè velle nolle instar est . sir edward stafford thought subsidies were not so fit a remedy for the dangers we were in , but advised rather , there being ten thousand parishes in england , that it should be imposed on every parish to find so many men for the wars ; and the richer parishes to help the poorer . and the allowance for every man yearly to be twelve pound . after this he moved to have the parliament prorogued . sir francis drake described the king of spains strength and cruelty where he came , and wished a frank aid to be yielded to withstand him ; and he agreed to three subsidies . serjeant harris moved for three subsidies , but the ancient custom of payment to be retained ; besides , no three pound men to be excused , for then every man will labour by his friend to be set three pound . and that it was not needful to find men for the field . for by the tenures , of which there are three in england , this is provided for . the first chivalry , that is to do service in the field ; the second socage , that is to find us victum & vestitum by the plough ; the last frankal moign , who are to pray for us to god. now every one by whom fealty is to be done by his tenure , he is to be forty dayes in the field with his lord. sir robert cevill said , i am glad to see the willingness of the house and readiness to yield aid ; and having a feeling of the necessity requiring it , my desire is , that the sentence which had had so many parentheses , might now be brought to a period , and the bears whelp that hath so many times been licked over , might now be made somewhat . for that is always the most honourable conclusion , which having received many contradictions , is in the end concluded . so he desired this matter of subsidying might be committed to some special committees in the afternoon . sir john fortescue thought it liberal to grant three subsidies , but did assure of his proper knowledge , that three subsidies would not defray her majesties charges , though all other customs and revenues were added unto them ; and motioned what should be delivered by the house , and what should be delivered to the lords by the committees . sir thomas heneage her majesties vice-chamberlain affirmed , he never saw the house so willing to yield to needful aids . and that he was one who had now served her majesty a long time , and knew something her disposition . wherefore he advised that the wonted course should be followed . for he heard her majesty speak of it , that she loved not such fineness of device and novel inventions , but liked rather to have the antient usages offered . it is best so to have it paid as it hath been heretofore . only a greater discretion to be used in the charging of it . to charge the poor men more deeply he thought it not fit ; yet they to be grateful to her majesty he thought it would be accepted . and that the best able men should offer somewhat to her majesty of their ability . and for the order of our proceedings , he thought it fit that we first agree to three subsidies , and six fifteenths : this to be considered upon by committees this afternoon , and to morrow to be propounded to the house . and then if it were allowed , we might at our going to the lords tell them what we have agreed upon . hereupon a murmur was in the house whether we should have a committee for three subsidies , or a general committee to confer of all matters of remedies . the question being propounded it was answered , that it should be by a general committee . in the afternoon at the general committee the committees met , and it was debated how the subsidy could be levied in shorter time than heretofore . the poverty of the people and hard collections of other subsidies , and the double charge which this would be unto them , with many other reasons were alledged against the parliaments so speedy collection . on the other side it was vehemently pressed , that the necessity of the time was such , as it could not carry the accustomed time for payment , her majesties purse and coffers being empty , the danger would be over before the usual payment would come in . wherefore if the help were not timely , it would be no service . there was much division about this . some of the committees would have this propounded , whether the three subsidies should be paid in four years or three ; others dissented from it . m r heale amongst the committees argued the wealth of the country to be greater than ever it was , affirming that of his own knowledge from the mount to london the country was richer many thousand pounds than heretofore . he also urged the necessity , which being so great , and her majesty having expended as was said since eighty eight above ten hundred and thirty four thousand pounds and that only in normandy , brittany and in the low countries , and upon her navy and artillery ; besides all her pensions to foreign princes , her officers fees , the charges of her garrison of barwick , standing her yearly in seventeen thousand pounds ; and all this is besides the expences in her house . these things being considered , he thought more than subsidies would be yielded ; and if subsidies only , the richer men must be the more deeply charged , and the commission so penned , as the commissioners may have authority to force men . m r francis bacon assented to three subsidies , but not to the payments under six years . and to this propounded three questions , which he desired might be answered . the first , impossibility or difficulty ; the second danger or discontentment ; and thirdly , a better manner of supply than subsidy . for impossibility ; the poor mens rent is such , as they are not able to yield it , nor to pay so much for the present . the gentlemen must sell their plate , and farmers their brass pots , ere this will be paid . and for us we are here to search the wounds of the realm and not to skin them over ; therefore not to perswade our selves of their wealth more than it is . the dangers are these . we shall first breed discontentment in paying these subsidies , and in the cause endanger her majesty's safety , which must consist more in the love of the people than in their wealth ; and therefore not to give them discontentment in paying these subsidies : thus we run into a double peril . in putting two payments into one , we make a double subsidy . for it maketh four shillings in the pound a double payment . the second is this , that this being granted in this sort , other princes hereafter will look for the like ; so we shall put an evil precedent upon our selves , and our posterity . and in histories it is to be observed , that of all nations the english are not to be subject , base or taxable . the manner of supply may be by levy or imposition , when need shall most require ; so when her majesties coffers are empty , they may be filled by this means . sir thomas heneage her majesties vice-chamberlain said , my opinion shall not prejudice any mans judgment , but this my answer to the gentlemans two reasons that spake last , which were difficulty and discontentment . for the first , it is strange to count that impossible which hath been proved , or that difficulty , which hath been used . for discontentment , a people sound in religion and faithful to the queen and state , were never found to love their prince so little , as to be discontented , &c. the necessity of the time is to be considered , and shall be informed unto them , which is such as has not been at any time these sixty years , nor at any time the like was ever heard of ; yea such dangers , as are not to be read that ever the like was intended to any state. therefore for this extraordinary time some accustomed help must be had ; and from these subsidies do but take away the benefit of time , and then the payments will yield no help to our necessity ; for in two years the dangers will be over . so he desired that in this case examples might not lead us , but that the present dangers should move us . sir thomas cecill moved also , that the cinque-ports might be also brought into the taxes of the subsidies at this time ; for that it hath been the use of men having any lands in the cinque-ports , to take sanctuary there before the sessing of the subsidy , by removing themselves , and keeping their houses there . sir walter raleigh said , i can see no reason that the suspicion of discontentment should cross the provision for the present danger . the time is now more dangerous than it was in eighty eight ; for then the spaniard which came from spain was to pass dangerous seas , and had no place of retreat or relief if he failed : but now he hath in brittany great store of shipping , a landing place in scotland , and men and horses there as good as we have any . but for the difficulty in getting this subsidy , i think it seems more difficult by speaking than it would be in gathering . now stood up two or three to have spoken , striving who might speak first . then the speaker propounds it as an order in the house in such a case , for him to ask the parties that would speak , on which side they would speak , whether with him that spake next before , or against him ; and the party that speaketh against the last speaker is to be heard first . and so it was ruled . where it may seem , that the speaker did give admonishment sitting in the house as a member thereof , and not sitting in his chair as speaker , which he never doth at any committee although it be of the whole house . after which some able member of the house , whose name is not set down , spake next and said , i could very well agree to the subsidies , if they were not prejudicial to the subject in other services . for subsidies be in the valuation of every mans lands and goods by records called the queens books , and according to mens valuation of subsidies , are they at all other charges , as to the wars and in time of muster with horse and armour ; and this charge maketh men so unwilling to be raised in the subsidy ; but if these subsidies brought in no other charge with them , they would be yielded willingly . but the tail and appendage of it being so great , and higher than the subsidy it self , is the reason that men are so unwilling to yield it . wherefore if a greater tax or assessment than heretofore be desired , i would wish a proviso to be added in the statute . that by this subsidy no man should be raised as to the defray of other charges above the rate they were put to before . sir francis godolphin wished the first payment might be at midsummer , for after that time the receivors had the benefit of the money . the next to be at michaelmas , for at that time men would have it in the benefit of their corn and commodities . and so in four years and a quarter the subsidy would be paid with more ease . m r lewes agreed to the subsidies , and desired that two things might be granted , whereby the subject should be inriched and the better inabled to pay the subsidy : that is , that one liberty may be granted , which is transporting of corn ; and the other is for somewhat to be restrained , viz. bringing in of wines so abundantly ; for the vent of our cloth amounteth not to the sum of our vintage , & srugem patrem-familias vendacem non emacem est oportet . and thinks it good that the statutes made heretofore against excess in apparel might be put in execution . m r george moore said , i am grieved to see it , and i speak it with grief , how perilous our estate is , and how dangerous a cause we be in . we are not sick of one disease but we labour with a plurality of diseases . to meet therefore with our threefold diseases we ought like good physicians to apply a threefold remedy , a treble subsidy . and as the physick is lost which is not taken in time , so we must seek to minister the medicine in good time . and our disease being a pleurisie , it is fit we did so . for a skilful physician though he see in a pleurisie there is no remedy without letting blood , yet he will then chuse the time of letting blood , when the sign is furthest from the heart . let us let the people blood , and so prevent the danger . m r heyle said , if we take care for our posterity , we had best to settle our posterity , which will not be , except we prevent dangers now imminent . for precedents of subsidies they are not to be feared , because before-time greater were required than ever since were granted . therefore this is no rule , that what we grant now will hereafter be required . ..... in the sixth year of king john every one holding by a knights fee , was bound to find a knight in the wars . and for this present law , it may be enacted , that this shall be no precedent for subsidies hereafter , like as it was in the fourteenth of edward the third . sir robert cecill assented to those that had spoken for the subsidies , but to them that had spoken to the contrary he said , they speak out of time ; and to speak to the particular parts , as that our poverty is not to be skinned over but throughly healed ; that discontentment is to be feared ; and lastly , that precedents for hereafter would be avoided . for the first , if we be poor , yet at this time it is to be considered we are in great danger , and of two mischiefs we must chuse the lesser . and therefore i would have this question after so much discussing banished the house . for precedents , they have never been perpetual , but begun and ended with the causes ; and as the causes grew , so grew the precedent . in her majesties time it is not to be feared that this precedent will ever do us harm , for her majesty will never accept any thing that is given her unwillingly of her subjects : nay in the parliament the twenty seventh of her reign she refused a benevolence offered her , because she had no need of it , and would not charge her people . this being out of fear , we have no reason to give prejudice to the best queen or king that ever came , for fear of a worse king than ever was . after her reign i never had so much as one idea in my head what would be our estate then . now to end the matter long debated , my desire is , that the question might be made for three subsidies payable in four years . this question was made in the house , and at the first they gave an i. thus far out of the aforesaid anonymous journal , that which follows is out of the original journal-book it self . on thursday the th day of march , m r speaker shewed unto the house , that according to the appointment of this house he hath attended the lord keeper touching his lordships pleasure for the directing of a new writ for the chusing of another burgess for the borough of southwark in the county of surrey , instead of richard hutton supposed to have been unduly and undirectly elected ; and also for the allowing of sir george carew knight to be burgess for the borough of camelford in the county of cornwall , as truly returned burgess of the said borough of camelford to the sheriff of the said county , in the stead of richard leech alledged to have been returned to the said sheriff by a false return ; and also for changing of the name of john dudley esq returned a burgess for the borough of newtown in the county of southampton , into the house by the name of thomas dudley esquire , alledged to be the same person in very deed that should have been returned ; and that his name was mistaken , and none living known by that name of john dudley . his lordships answer and resolution in the said cases was , that the said returns of the said burgesses of southwark and camelford should stand and continue according to the returns of the same , without taking notice of any matter of fact therein , or in the election at all . and that his lordship would direct a writ for chusing of another burgess for the said borough of newtown in the stead of the said john dudley ; and that his lordship would in the said writ insert the said cause of misbehaviour so as before alledged . four bills of no great moment had each of them one reading ; of which the last being the bill for confirmation of the assurance unto certain purchasers of lands sold by sir richard knightley knight , m r valentine knightley , and m r edward knightley esquires , was upon the second reading committed unto m r serjeant yelverton , sir henry umpton , m r cradock and others , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . the bill to take away the benefit of clergy in some cases was twice read , and committed unto the former committees in the last former bill , and m r richard brown gentleman was added unto them ; who with the rest was appointed to meet at the same time and place , as in the said last former bill , viz. to morrow at two of the clock in the afternoon in the exchequer chamber . two other bills also had each of them one reading ; of which the second being the bill for confirmation of the sale of the lands of william raven gentleman made unto lisle cave and others , was twice read , and committed unto m r heale , m r serjeant yelverton , sir henry knivet , m r recorder of london and others , who were appointed to meet upon saturday next at two of the clock in the afternoon in the middle-temple hall. m r vice-chamberlain shewed , that he and the residue of the committees of this house for conference with the lords did meet together yesterday in the afternoon according to the appointment of this house , and that after many speeches and arguments gravely ' delivered by sundry of the said committees , the greater part of them did assent and agree unto the granting of a triple subsidy and of six fifteenths and tenths , to be yielded to her majesty towards the provision against the great and imminent perils and dangers of this realm . the same triple subsidy and six fifteenths and tenths to be levyed and paid in four years in a certain form , which they had set down in articles , that is to say , one intire subsidy and two fifteenths and tenths at one payment in the first year , and one other intire subsidy and two fifteenths and tenths at one other payment in the second year , and one intire subsidy and two fifteenths and tenths at two payments in the third and fourth years . which done , he moved further to know the resolution of the house , whether it would please them to give liking to the said travel of the said committees in the said cause ; or that it might be their pleasures to resolve of any such other course therein , as they may have warrant to impart unto the lords this afternoon according to the promise of this house to the lords . whereupon after many long and grave speeches and arguments by divers of the said members of this house , it was agreed by them all without any contradiction , that the proportion should be a treble subsidy and six fifteenths and tenths . and the said articles for the manner of payment being read by the clerk of the house , seemed for the most part to be well liked of . whereupon after some motions to the question , m r speaker dividing it into two several parts , the one for the number of the said three intire subsidies and six fifteenths and tenths , and the other for the manner and time of levying and payment of the same three intire subsidies and six fifteenths and tenths , it was upon the same several questions severally resolved by the whole house , the proportion to be a treble subsidy and six fifteenths and tenths , and the manner of paying and levying the same to be made in four years according to the said articles thereof read . and then were the said committees appointed and authorized by this house to signify the said resolution of this house unto their lordships in the afternoon of this present day accordingly , and to be reported unto their said lordships by sir robert cecill , for that m r vice-chamberlain was then at that very instant very sharply grieved and pained with his infirmity of the gout . on friday the th day of march the bill concerning woollen-cloths called vesses , &c. was upon the second reading committed unto sir william knolles , sir john hart , m r recorder of london , m r wroth and others , who were appointed to meet upon tuesday next at two of the clock in the afternoon in the exchequer chamber . sir john harrington and sir thomas wilkes are added to the former committees in the bill for confirmation of assurances unto certain purchasors of lands sold by sir richard knightley k r , m r valentine knightley and m r edward knightley esquires , appointed yesterday . the committees in the bill touching recusants nominated on wednesday the th day of february foregoing , are appointed to meet in this house at two of the clock this afternoon . the committees in the bill also for naturalizing of samuel saltingstall and others nominated on monday the sixth day of this instant march soregoing , are appointed to meet to morrow at two of the clock in the afternoon in the middle-temple hall. the bill concerning spinners and weavers was read the first time . the bill for the confirmation of the joynture of the lady margaret countess of cumberland is deferred till to morrow , to be further dealt in . sir robert cecill reporteth at large the message of this house yesterday by him and the residue of the committees of this house delivered unto their lordships , and their lordships good acceptation of the same . which done , after sundry other speeches of divers members of this house , it was resolved upon the question , that the former committees of this house for the subsidy ( their names being then read by the clerk of this house ) should meet in this house at two of the clock in the afternoon of this present day , for the setting down of articles for the drawing of the bill for the granting of the subsidies and six fifteenths and tenths to be paid in four years according to the former resolution of this house therein . the bill against springing uses and perpetuities was upon the second reading committed unto all the privy council being of this house , all the knights of the shires returned unto this house , m r cradock and others , who were appointed to meet in this house , upon tuesday , at two of the clock in the afternoon . richard hutton gentleman , one of the burgesses returned for the borough of southwark in the county of surrey , is upon a motion made by m r recorder of london , and also after some report made by m r speaker of the opinion and pleasure of the lord keeper in that case , adjudged upon the question to be a member of the house ; and thereupon the oath being taken by him before m r chancellor of the exchequer , the said richard hutton came into this house , and took his place in the same accordingly . sir john hart ; one of the knights returned for the city of london , putting the house in remembrance once of a report lately made by some of the committees of this house touching a speech lately delivered by some of the committees of the lords touching the late assessment of the late double subsidy ( amongst others ) in the city of london , alledging that in london there was none assessed at above two hundred pounds , and not past four such , nor yet past eight at one hundred pounds , shewed , that the honorable person that delivered the said speech to the said committees of this house had not been rightly informed in that matter . and shewed further , that in very deed at the last assessment of the subsidy within the said city of london there were two and thirty persons taxed at two hundred pounds and upwards , whereof some at two hundred and twenty , and some at two hundred and fifty pounds . and one hundred forty and eight persons at one hundred pounds and upward , whereof some at one hundred and ten , some at one hundred and twenty , some at one hundred and forty , some at one hundred and fifty , some at one hundred and sixty , and some at one hundred and eighty pounds . and eighty persons at three hundred pounds , and some at three hundred and fifty pounds , and four persons at four hundred pounds . besides sive hundred forty and four persons at fifty pounds and upwards , whereof some at sixty , some at seventy , some at eighty , and some at ninety pounds . the bill concerning the lawful deprivation of edward bonner late bishop of london , was upon the second reading committed unto m r hubbert , m r heale , sir henry knivet , m r wroth and others , who were appointed to meet in this house upon monday next at two of the clock in the afternoon . on saturday the th day of march , m r wroth one of the committees in the bill against the stealing of oxen , sheep and lambs , shewed , that he and the residue of the committees in the same bill have met together , and added some amendments to the same bill ; and offereth both the bill and amendments to the house . which amendments being inserted into the bill by the clerk of this house , and the same amendments then also twice read , the bill upon the question was ordered to be ingrossed . the bill for relief of jurors upon tryals between party and party was upon the second reading committed unto m r tasborough , m r recorder of london , m r wroth and others , and the bill was delivered to m r tasborough , who with the rest was appointed to meet this day at two of the clock in the afternoon in the middle-temple hall. three bills of no great moment had each of them one reading ; of which the last being the bill for confirmation of letters patents unto the mayor , sheriff , citizens and commonalty of the city of lincoln , was upon the second reading committed unto sir francis hastings , m r recorder of london and others , who were appointed to meet upon monday next at two of the clock in the afternoon in the exchequer-chamber . mr. chancellour of the exchequer reporteth the travel of himself and the residue of the committees for setting down of articles for the subsidy , and shewed , that they have drawn the said articles , and offereth the same to the house to be read . which being then read by the clerk of the house , and in some part thereof reformed by the assent of the whole house , ( to wit in that article which concerned the priviledge of the cinque-ports , and that article also which concerned such persons as in regard of having several habitations should be assessed in the said subsidies in several places ) upon the doubtfulness of the voices to the question twice propounded , whether the strangers resident in the cinque-ports shall be charged with the payment of the said subsidies or not , it was upon the division of the house adjudged , that they shall not be charged with the said payments , by the difference of thirty persons , viz. with the yea a hundred and eighteen , and with the no a hundred forty eight , in all two hundred sixty six . and afterwards it was ordered , that the said articles should be delivered to the former committees for the preamble to prepare the same : and also the said rates according to the said articles to be set down in the bill . nota , that after this business touching the cinque-ports there followeth a motion made by m r wroth touching some members of the house who had been imprisoned in the beginning of this parliament , of which see on sunday the th day of february foregoing , which remaineth very legible in the original journal-book of the house of commons , although it be crossed out . the reason of which said crossing out is very hard to conjecture , in regard that the said motion was doubtless made this morning , as doth plainly appear also by the often before-cited anonymous journal more particularly mentioned at the beginning of this present journal , out of which it is supplied in manner and form following . m r wroth made a motion , that in respect that some countries might complain of the tax of these many subsidies , their knights and burgesses never consenting unto them nor being present at the grant : and because an instrument , taking away some of its strings , cannot give its pleasant sound : therefore desired that we might be humble and earnest suitors to her majesty , that she would be pleased to set at liberty those members of the house that were restrained . to this was answered by all the privy councellors , that her majesty had committed them for causes best known to her self , and for us to press her majesty with this suit , we should but hinder them whose good we seek . and it is not to be doubted but her majesty of her gracious disposition will shortly of her self yield to them that which we would ask for them , and it will like her better to have it left unto her self than sought by us . thus far out of the said anonymous journal , and the residue of this days passages do follow out of the original journal-book it self . three bills of no great moment had each of them one reading ; of which the last being against counterfeiting of councellors or principal officers hands was upon the second reading committed unto sir john wolley , sir walter raleigh , m r george moore and others , who were appointed to meet upon tuesday next at two of the clock in the afternoon in the middle-temple hall. sir walter harecourt k t , one of the knights for the county of suffolk , in regard of the present extremity of his wifes sickness is licensed by m r speaker to depart home into his country . james goodwyn gent ' , one of the burgesses returned for the city of wells in the county of somerset is for his necessary businesses licensed by mr. speaker to depart home . it should seem by these two words , viz. non sol . set in the margent over against the names of these two last mentioned members of the house , that the said members did not leave any money with the serjeant of the house to be distributed amongst the poor , at their departure . which i conceive is here noted , because two others that departed at this time also into the country upon like occasions , did either of them leave money with the said serjeant to be so distributed , as now immediately followeth . giles hutchins gent ' returned a citizen into this present parliament for the city of new sar. is licensed by mr. speaker to depart upon his necessary occasion by reason of the extream sickness of mr. william blaker ; and the said mr. hutchins left with the serjeant of this house two shillings and four pence to be distributed amongst the poor . john cotten esquire , one of the knights returned into this present parliament for the county of cambridge , is in respect of the present sickness of sir john cotten knight , father of the said john cotten esquire , licensed to depart into his country for this time . and the said mr. cotten left with the said serjeant twelve pence to be given to the poor . on monday the th day of march , mr. lewes , one of the committees in the bill concerning salted fish and salted herrings shewed , that he and the residue of the committees have taken pains in consideration of the said bill , and have added a proviso to the said bill , and prayeth the twice reading of the same proviso , and that then the same proviso and bill may be ordered to be ingrossed . whereupon the same proviso being twice read , the said bill and proviso after some speeches both against and with them , were upon the question referred to the former committees , who were appointed on monday the th day of this instant march foregoing , to be considered of in the afternoon of this present day in the exchequer chamber . the bills committed for confirmation of letters patents to the mayors , sheriffs , citizens and commonalty of lincoln , and concerning the lawful deprivation of edward bonner late bishop of london , are delivered to sir edward dymock one of the committees in the same . the bill for reducing of disloyal subjects to their due obedience was brought in by the committees , and also a new bill made for that purpose ; with prayer that the same bill may be read . but what those alterations were upon which the old bill was rejected and a new bill framed , are not set down in the original journal-book it self ; and therefore because it is a matter of no small consequence , and may also be of some use , i have inserted the particulars thereof out of the aforesaid anonymous journal , more particularly mentioned at the beginning of this present journal , which are there set down in manner and form following . the particulars of the first bill exhibited against recusants . . the party so indicted and convicted shall forfeit all his goods and chattles , which he hath in his own right , or in the right of his wife . . item , he shall forfeit two parts of his lands , tenements and hereditaments , if he be born under her highness allegiance , of the age of sixteen years . . item , a feme covert shall lose her dower or jointure , which she might have by her baron . . item , if a man match with an inheritrix being a recusant , he shall lose two parts of those lands to the queen . neither of them shall administrate to any man. . item , such a party being a recusant shall be disabled to make any purchase or sale of lands . . item , he shall be disinabled either to take or make any lease to the use of himself , or to the use of his wife . . item , a recusant shall forfeit for keeping any such recusant person in his house either servant or stranger ten pound every month , being at one time so long in his house , or at several times in the year . . item , he shall be barred to bear any office in the land , or to practise as councellor , doctor , sollicitor , proctor , attorney or advocate to the law. . item , he shall have his children taken from him if they be above the age of seven years , which are to be disposed of by the lords of the council , or the ordinary , or the judges of assizes for the time being , and their maintenance to be raised out of a third part of such a recusants living . . item , he shall be disinabled to make any bargain or sale of any of his goods or chattles . . item , if he be a copyholder , he shall forfeit his copyhold during his life , whereof two parts is to go to the queen , and the third to the lord. . item , if any person be indicted for recusancy of malice , he shall have his remedy against the party at the common law. . item , if any person having been a recusant shall at any time recant , he shall make his submission in the parish church where he dwelleth , acknowledging the queens proceedings to be just , and detesting the church of rome : which he shall also do in open court before the judges of assize . . item , if any such person after such recantation fall into relapse , he shall lose the benefit of the former recantation for ever . lastly , there is a proviso , that those that have already bought lands of any that are or shall be indicted for a recusant , the bargain shall be as good and stand in effect , as if this had never been made . this bill by the aforesaid committees received all these alterations following , whereupon it came in as a new bill again . the two first articles altogether omitted being thought too hard . the third that the woman is to lose but two parts of her jointure or dower after her husbands death . the fourth , that the husband not being recusant , is to forfeit no part of his land for his wives recusancy . the fifth , all sales made by recusants since eliz. of lands whereof he taketh the profits , or which conveyance is upon any trust and confidence , to be void as to the queen , as for two parts of the profits to be answered her ; and so all sales hereafter to be made by any recusant convicted , the sale being bonâ fide , &c. the sixth , they shall be disinabled to be justices of peace , mayors , sheriffs , &c. the ninth , children being ten years old , until they be sixteen years , to be disposed of at the appointment of four privy-councellors , the justices of assize , the bishop of the diocess , justices of peace . if the third part of the lands suffice not for maintenance , the rest to be levyed of the parents goods . the eleventh , recusants that be copyholders , to forfeit two parts to the lord of the mannor , if the lord be no recusant , and if he be , then to the queen . the thirteenth , protesting that he doth not come under colour of any dispensation or other allowance from the pope , but for conscience and religion . thus far out of the aforesaid anonymous journal , the rest of the passages of this day follow out of the original journal-book it self , amongst which is entred the first reading of the aforesaid new bill touching recusants brought in this morning by the said committees in these words , viz. the bill for reducing disloyal subjects to their due obedience had its first reading . mr. richard lewkenor , one of the committees in the bill for confirmation of the lands of william raven made unto lisle cave , thomas andrews and edward haselrigg esquires , shewing , that he and the residue of the committees in the same bill did meet together upon saturday last in the afternoon , and have upon their said conference therein thought good to add certain words to the same bill , viz. in the second line of the proviso after the word [ conveyance ] to add this word [ judgment ] and in the same line after this word [ made ] to add these words [ or had ] and in the same line also after the word [ by ] to add these words [ or against ] ; it was thereupon ordered by this house upon the question , that the said words should be so added accordingly . and thereupon also were the same added words twice read for the two readings of the same . mr. serjeant fleetwood and mr. thomas powle do bring from the lords a bill intituled an act for the restraining of popish recusants to some certain place of aboad . the bill for the better assurance and confirmation of the jointure of the lady margaret countess of cumberland , after some speeches had towards the furtherance of passing the said bill , is passed upon the question . the bill concerning the exemplifications of fines and recoveries was upon the second reading committed unto all the serjeants at law being members of this house , mr. francis bacon , sir edward dymock and others , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . sir robert cecill moved for some course of necessary relief to be had and devised , for the great number of poor people pressing every where in the streets to beg : and dividing them into three parts and sorts , all of them , he said , in christian charity ought to be relieved though in sundry degrees , sorting the maimed and lame souldiers for the first and best kind of those people and meetest to be relieved ; the poor aged and diseased honest people are in charity to be holpen for the second ; and the stout , idle rogues for the last and worst fit to be punished and set to work . it was thereupon moved by master sands , for consideration also in that behalf to be had , that the statutes already in force for relief of the poor and punishment of the rogues might be perused by a committee of this house . whereupon it was ordered by the house upon the question , that all the privy-council being members of this house , sir george carew , all the serjeants at law , mr. francis bacon , mr. nathanael bacon , mr. edward dier , sir thomas ingram , sir thomas baskervile , mr. recorder of london , m r skinner , m r andrew palmer , mr. wroth , sir william moore , mr. george moore , sir william bruncker , sir thomas shirley , sir moyle finch , mr. henry finch , sir edward dymock , sir francis drake , mr. edgecombe , mr. thomas fane , sir walter covert , sir walter raleigh , mr. auton , mr. nicholas sanders , sir francis vere , mr. sands , mr. chuite , mr. hackford , sir john points , sir henry cocke , sir edward hobby , mr. charles dymock , sir robert sidney , mr. arthur george , sir anthony cope , sir john wingfield , sir henry knivet , sir ferdinando george , sir william read , sir coniard clifford , sir humphrey foster , sir edward stafford , sir robert sackvile , sir henry poole , mr. john thynne , sir thomas dennyes , sir william bevile , mr. lawrence stoughton , mr. edward lewkenor , sir john harrington , mr. warren , sir francis hastings , mr. boyes , mr. amersham , mr. perriam , sir thomas west , mr. george wray , sir thomas read , mr. richard lewkenor and mr. horsey should meet to morrow at two of the clock in the afternoon in the exchequer chamber , to confer about the said matters so moved ; and also to confer touching the continuation of such other laws and statutes as are fit to be considered of in this present sessions to be further continued . on tuesday the th day of march , the bill for reducing disloyal subjects to their due obedience had its second reading . mr. chancellor of the exchequer brought in a preamble agreed by the more part of the committees to be set down in the bill for the subsidies , if this house shall like of it ; which preamble being read by the clerk of this house , the same was after some speeches had committed upon the question unto mr. vice-chamberlain , mr. chancellor of the exchequer , mr. broughton , mr. brown and others , to be presently further considered of in the committee chamber of this house . mr. attorney general and mr. doctor ford do bring from the lords a bill concerning the lands of henry late lord of burgavenny deceased , with a message also from their lordships , to desire that a committee of selected members of this house may be appointed to have conference with a committee of the lords touching the continuance of statutes ; it was resolved by the house to assent unto such a committee accordingly , and that assent was also delivered in answer to the said mr. attorney and mr. doctor ford , and offer to be ready to attend their lordships therein at such time and place as their lordships shall please to signifie unto this house and appoint for that purpose . after which mr. attorney general and mr. doctor ford do bring word from the lords , that their lordships have nominated sixteen of themselves to confer with a convenient number of this house touching the said consideration for continuance of statutes , and have appointed the time to be on thursday next at two of the clock in the afternoon in the exchequer chamber next the upper house of parliament , if the house shall so think good . which being shewed to the house by mr. speaker , it was ordered by this house , that the former committees of this house , yesterday selected for that purpose , should attend their lordships to morrow at the said time and place . which was afterwards so signified over by mr. speaker unto the said mr. attorney general and mr. doctor ford accordingly . the said preamble in the bill of subsidy being brought in again amended by the said committees and read to the house by the clerk , was agreed on by the whole house and appointed to be delivered to her majesties learned councel , for the more speedy drawing of the bill . nota , that this bill touching the subsidy after many days agitation did at length very difficultly pass the house by reason of the greatness thereof , on thursday the twenty second of this instant march ensuing , this present day being the first in which the very preamble was brought into the house and agreed upon , for which many in the house desired a longer time for it to be considered of by a committee , and not to have been so suddenly assented to , as is noted in the foresaid anonymous journal more particularly mentioned at the beginning of this present journal : but that the speaker perceiving the privy counsellors of the house desirous to have the bill expedited , did over-reach the house in the subtile putting of the question ; by which means it had been only considered of in the committee-chamber by those eighteen members of the house appointed in the beginning of this forenoon , and by them brought back again into the house , before the ending thereof , and so was agreed on by the said house as is aforesaid . the bill for vesses which was committed on friday the th day of this instant march foregoing , was delivered to sir francis hastings one of the committees . the bill for perpetuities committed on friday the th day of this instant march foregoing , was delivered to sir edward hobby one of the committees . the bill against counterfeiting of counsellors hands , &c. committed on saturday the th day of this instant march foregoing , was delivered to sir william knolls one of the committees . nota , that the bill against recusants , which had been newly brought in by the committees on monday the th day of this instant march immediately foregoing , and the old bill rejected , and had in the beginning of this forenoon been read the second time , was now in the end of the same spoken unto by divers members of the house . which speeches containing in them matter of good consequence are wholly omitted in the original journal-book it self , and are therefore supplied out of the aforefaid anonymous journal more particularly mentioned in the beginning of this present journal , in manner and form following . m r sands spake to the bill for recusants , that it might be as it went first for recusants generally , and not restrained to popish recusants only : so that under this bill there might be included brownists and barrowists . m r lewes shewed , that it was not fit that the bill should include any other than popish recusants . m r speaker said , that the preamble of this bill being conferred with the body of this bill , other recusants than popish recusants could not be comprized therein . for the title of the bill and the preamble run only in this manner , against such as are enemies opposed to our state , and adherents to the pope . so another bill might be framed against those persons , but these cannot be comprized therein . m r dalton would have recusants that be brownists comprized in the bill as well as popish recusants , and to that end would have the preamble altered , and be to repress disloyal subjects and to impose upon them more due obedience ; and so to go directly to the act , be it enacted , leaving out all the preamble ; for he cited some bills overthrown , as he said , only by reason of superfluous words in the preamble . doctor lewin made a long speech . his end was only to have the brownists and barrowists as well provided against as papists ; but whether in this bill or in some other , he left that to the wisdom of the house . after which speeches the said bill was committed again to the former committees which were appointed on wednesday the th day of febr. last past . thus far out of the aforesaid anonymous journal , that which follows is out of the original journal-book it self . on wednesday the th day of march sir edward hobby , one of the committees in the bill touching m r read stafford , brought in the bill with some amendments , and opening the effects of the said amendments to the house , the same amendments then also being read by the clerk , it was ordered by this house , that the same amendments should be inserted accordingly into the same bill . the bill for m r anthony cook had it first reading . m r richard lewkenor , one of the committees in the bill concerning the lawful deprivation of edward bonner late bishop of london , brought in the bill with some amendments , and opening the contents of the same amendments to the house , the same amendments also being then read to the house by the clerk , it was ordered by this house that the same amendments should be inserted in the said bill accordingly . m r john hare , one of the committees in the bill concerning m r valentine knightley brought in the bill with some amendments , and opening the contents of the said amendments to the house , the same amendments being then also read to the house by the clerk , it was ordered by this house that the same amendments should be also inserted into the said bill accordingly . the bill for reducing of her majesties subjects to their due obedience committed yesterday to the former committees who were appointed on wednesday the th day of february ( last past ) was this day delivered to m r treasurer one of the committees . m r lewes one of the committees in the bill touching salted fish and salted herrings , brought in the bill with some amendments , and shewing the contents of the said amendments , and the same being read by the clerk of the house , it was ordered bythis house , that the said amendments should be inserted in the said bill accordingly . m r serjeant yelverton one of the committees in the bill concerning the exemplifications of fines and recoveries , brought in the bill with some amendments , which amendments being twice read , the bill after many speeches both with and against the same bill was dasht upon the question for ingrossing . three bills also had each of them one reading ; of which the last being the bill touching the over-lengths of broad cloth , was upon the second reading committed unto mr. chancellor of the exchequer , the burgesses of worcester and coventry , the knights and citizens of yorkshire and the city of york , and others , who were appointed to meet upon friday next at two of the clock in the afternoon in this house . richard goodwin , returned one of the citizens for the city of wells in the county of somerset , is for his better recovery of health , licenced by mr. speaker to depart home into his country ; and the said mr. goodwyn left two shillings and six pence with the serjeant of the house to be distributed amongst the poor . the bill to avoid stealing of oxen , kine , sheep and other cattle was upon the third reading dashed upon the question . on thursday the th day of march , sir edward dymock , one of the committees in the bill for confirmation of letters patents to the mayor , sheriff , citizens and commonalty of the city of lincoln , ( appointed on saturday the th day of this instant march foregoing ) brought in the bill with some amendments , and opening the contents of the same amendments , the said amendments were afterwards read by the clerk , and then upon the question agreed by the house to be inserted in the said bill accordingly . two bills of no great moment had each of them one reading ; of which the second being the bill touching execution of process , was upon the second reading committed unto m r lewes , sir edward dimock , the recorder and citizens of york , m r recorder of london and others , who were appointed to meet to morrow at two of the clock in the afternoon in this house . the amendments in the bill touching the late deprivation of edward bonner late bishop of london being twice read by the clerk , the bill was upon the question ordered to be ingrossed . the amendments in the bill touching salted fish and salted herrings being twice read , the bill was upon the question ordered to be ingrossed . the amendments in the bill for confirmation of assurances of certain lands and tenements from richard knightley , valentine knightley and edward knightley esquires , unto charles hales esquire , thomas bricket and john lamberd gent. being twice read , the bill was upon the question ordered to be ingrossed . m r serjeant harris , one of the committees in the bill for the naturalizing of samuel saltingstall and others , appointed on monday the fifth day of this instant march foregoing , brought in the bill with some additions , which being first read to the house , were by the order of the house agreed to be inserted into the bill , and then afterwards the same additions being twice read , the said bill was ordered to be ingrossed . the amendments in the bill concerning m r read stafford being twice read , the bill was upon the question ordered to be ingrossed . m r wroth , one of the committees in the bill for the true assizing of bread ( appointed on monday the th day of this instant march foregoing ) shewed the meeting and travel of the said committees at sundry times about the said bill , and that they thought good to make a new bill for that matter . and so delivered in both the old bill and also the new bill . the bill for restraining popith recusants to some certain places of aboad , was read the second time , and committed to the former committees ( which said committees were appointed on wednesday the th day of february last past ) to meet to morrow at two of the clock in the afternoon in this house , and the bill was delivered to m r treasurer . m r winch , one of the committees in the bill for the relief of jurors upon tryals between party and party , appointed on saturday the th day of this instant march foregoing , shewed , that the committees have met and conferred on the said bill , and did think good to make a new bill . and so delivered in both the old bill , and also the new bill . to morrow in the afternoon is appointed to have conference and meeting touching provision to be treated of for relief of poor souldiers . the committee for which business was appointed on monday the th day of this instant march foregoing . mitted unto sir william moore , mr. hubbard , mr. sands and others ; and the bill was delivered to mr. hubbard , who with the rest were appointed to meet upon tuesday next in the afternoon at two of the clock in the exchequer chamber . mr. thomas posthumus hobby is ordered by this house to move sir edward hobby brother of the said thomas , that the bills in his custody touching springing uses and perpetuities , and touching the execution of process , and against recusants , may be brought into this house to morrow sitting the court. the committees in the bill against counterfeiting of councellors hands , &c. ( appointed on saturday the th day of this instant march foregoing ) are deferred until monday next in the afternoon . the bill concerning mr. ognall was upon the second reading committed unto mr. chancellor of the exchequer , sir john wolley , mr. wroth and others , who were appointed to meet upon tuesday next at two of the clock in the afternoon in the exchequer chamber . mr. serjeant owen and mr. doctor carey do bring from the lords a bill intituled an act against persons outlawed , and such as will not pay their debts and duties . the bill for granting of three intire subsidies and six fifteenths and tenths granted to the queens majesty had its first reading . vide more concerning this bill on thursday the th day of this instant march next ensuing . on saturday the th day of march , mr. richard toptliffe and mr. william basset esquires , sheriffs of the county of darby , and mr. moore being of councel with mr. basset were heard at large at the bar of this house touching the case of thomas fitzherbert esquire , returned a member into this house , and now prisoner in the custody and charge of the said sheriffs ; and after long hearing of the said parties , it was in the end resolved by this house , that this house being a court of record would take no notice of any matter of fact at all in the said case , but only of matter of record . and that m r speaker on the behalf of this house shall move the lord keeper of the great seal of england for return to be made by the said sheriff into the chancery of the writ of habeas corpus cum causa , in that case lately awarded by his lordship unto the said sheriff , upon motion to his lordship from this house in that behalf , according to the purport of the same writ , which being not done with such due expedition as it ought , ( the same being indilatè ) his lordship will then at the request of this house assess a good round fine upon the said sheriff for the same his contempt . vide concerning this matter on thursday the first day , and on friday the second day of this instant march foregoing ; as also on march th friday , apr. d tuesday , and apr. . thursday postea . m r thomas posthumus hobby shewed , that according to the appointment of this house he hath moved his brother sir edward hobby for the two bills which were in his hands , viz. the bill for perpetuities and the bill touching the execution of process , &c. and that the said sir edward hobby saith , he is a committee amongst others in both the same bills by appointment of this house , and that the same bills were in that respect delivered to him by the clerk of this house : and that albeit he thinketh it reasonable he should be acquainted with the proceedings in the said bills in the committee , as one of the same committees ; yet in regard of the dutiful good will he beareth to the members of this house , and loth to offend any of the same , he delivered the said bills to the said mr. posthumus hobby to be brought into this house accordingly . and so the said m r thomas posthumus hobby delivered the said bills . three bills had each of them one reading ; of which the last being the bill to confirm the sale of certain lands and tenements made by sir richard knightley knight , valentine knightley and edward knightley esquires , unto charles hales esquire , thomas bruncket and john lambert gent. and others , was read the third time and passed upon the question . the serjeant of the house received of m r miles sands six shillings , and of m r lewes two shillings to be given amongst the poor . which it should seem they left with the said serjeant upon licence given them by m r speaker to depart into the country upon some necessary occasions . m r finch , one of the committees in the two bills touching popish recusants , bringeth in both the same bills with some amendments ; which said amendments being opened by him unto the house , and afterwards read by the clerk of the said house , the same amendments were ordered by the house to be put into the same bills accordingly . the bill concerning springing uses and perpetuities was delivered to m r serjeant harris one of the committees appointed on friday the th day of this instant march foregoing . and the bill for the speedy execution of process ( appointed to be considered of on thursday the th day of this instant march foregoing ) was delivered to mr. dalton one of the said committees . on monday the th day of march , two bills of no great moment had each of them one reading ; of which the first being the bill concerning iron wier and iron wier-works was read the first time . sir francis hastings , one of the committees in the bill concerning the breadth of plunkets , azures , blues and other coloured cloaths , &c. appointed on friday the th day of this instant march foregoing shewed , that he and the residue of the committees in the same bill have met together , and thought good to make some addition to the said bill ; and opening the contents thereof to the house , and afterwards praying the same to be read , it was after the reading ordered to be inserted into the said bill . mr. speaker shewed unto the house , that according to their late direction he hath moved the lord keeper for the speedy bringing up of one mr. tho. fitzherbert , and also for a fine to be assessed by his lordship upon mr. basset the sheriff of darbyshire , according to the request of this house for his contempt in not returning the body and cause of mr. fitzherbet heretofore according to the writ : all which mr. speaker said , his lordship would willingly do . vide concerning this matter on thursday the first day , friday the second day , and on saturday the seventeenth day of this instant march foregoing . the bill concerning the lawful deprivation of edward bonner late bishop of london had its third reading , and after sundry speeches some words were added to the end of the bill , and a proviso also after those words so added were likewise read , and presently inserted into the said bill , and three times read . the said bill in such sort amended was passed upon the question . mr. vice-chamberlain one of the committees touching the relief of the poor ( appointed on monday the th day of this instant march foregoing ) and for continuance of statutes , moved that for some present relief for poor maimed and sick souldiers , a collection might be had amongst the members of this house , at the rate of thirty shillings a piece for every one of this house being of her majesties privy-council , ten shillings a piece for every one returned a knight for any shire into this parliament , and every other being a knight in degree , though returned but as a burgess ; and every other of meaner degree that is returned for a burgess at five shillings a piece : and that all such as are departed without licence pay double after the said rates . which was immediately upon the question assented unto by the whole house accordingly . sir robert cecill , one other of the same committees , liking well of the said course taken upon the said motion made by the said mr. vice-chamberlain , moved further for some future continual contribution of relief for maimed sick souldiers and mariners , and offered a plot in articles for a bill to be framed to that purpose , and prayeth the reading of the said articles . which being thereupon read by the clerk accordingly and well liked of by the house , the said articles were by order of the house referred to the said former committees , ( whose names see before on monday the th day of this instant march foregoing ) to draw a bill thereupon to that purpose accordingly . mr. francis bacon , one other of the said committees , very well liking and much commending the said endeavours and reports of the said mr. vice-chamberlain and sir robert cecill , maketh a report at large of the conference of the committees of this house had with the committees of the lords concerning the continuance of statutes , to about the number of twenty five or twenty six he said . and so entring into the particularities thereof , in sundry degrees , whereof some were doubtful and some disputable ; amongst the said committees on both sides it was thought sit for this time it should be left to further conference amongst the said committees accordingly . the bill concerning the assurance of certain lands and tenements to read stafford esquire and mabil his wife , and to the heirs of the said read , was read the third time , and passed upon the question . m r calfeild , m r lewkenor , sir humphrey foster , mr. valentine knightley , mr. finch , mr. reynold , mr. fulk grevill and mr. broughton were added to the committees for george ognell appointed on friday the th day of this instant march foregoing . the bill and committees names concerning petite larceny appointed on friday the th day of this instant march foregoing , was delivered to mr. hubbert one of the said committees . and the bill against counterfeiting of councellors hands , &c. committed on saturday the th day of this instant march foregoing , was delivered to sir john wolley one of the said committees . in the afternoon . the bill for granting of three intire subsidies and six fifteenths and tenths to her majesty was read the second time , and the proviso for the five ports was then altered , and also twice read . the said bill upon the question was ordered to be ingrossed . nicholas curwen and wilford rawson esquires , returned into this present parliament knights for the county of cumberland , are for their necessary service in the affairs of her majesty licensed to depart . on tuesday the th day of march , three bills had each of them one reading ; of which the last being the bill touching the sale of the gray-fryers in the town of cambridge was twice read and ordered to be ingrossed . by vertue of which said bill , upon the sale of the said friery , the colledge now called sidney sussex colledge was built in the said university . mr. cradock , one of the committees in the bill for the better execution of the process and against recusants , ( committed on thursday the th day of this instant march foregoing ) shewed , that he and the residue of the committees have met together , and upon good considerations have thought good to amend sundry things in the said bill . and opening unto the house the effects of some amendments , the same amendments being thereupon read to the house , it was ordered upon the question that they should be inserted into the said bill accordingly . sir john wolley , one of the committees in the bill against counterfeiting of councellors and principal officers hands , ( appointed on saturday the th day of this instant march foregoing ) shewed , that he and the residue of the committees have met together , and upon the end of their travel therein do all of them think it a very dangerous bill , and not fit in their opinions to pass this house . and did further think good to leave the same to the good consideration of this house . and because it is a bill which came from the lords , they thought good with 〈◊〉 said report first made to deliver the said bill again into this house , and so there to leave it in such sort as it is and not otherwise . the bill concerning the lands late of henry late lord burgavenny was upon the second reading committed unto m r thomas fane , sir henry knivett , m r recorder of london and others . and the bill was delivered to sir william haward , one of the said committees , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . four bills of no great moment were sent up to the lords by m r vice-chamberlain and others ; of which the first was touching the sale of raven's lands , and another touching salted fish. it is ordered , that touching the bill against alien strangers selling by way of retail , whereof report was now made by m r recorder of london , one of the committees in the same bill , of that which was done yesterday by such of the committees as then did meet , or at the least by the more part of them , viz. by five , there being in very deed but nine in all , both parts should be heard to morrow in this house with their council . the bill for confirmation of letters patents to the mayor , sheriff , citizens and commonalty of the city of lincoln was read the third time , and passed upon the question . m r serjeant owen and m r powle did bring word from the lords , that their lordships desire conference with the committees of this house upon thursday next at two of the clock in the afternoon in the chamber next the upper house , touching the continuance of statutes and relief of poor maimed souldiers , if this house shall so like . which message being opened to the house by m r speaker , it was ordered by this whole house , that the former committees of this house ( whose names see before on monday the th day of this instant march foregoing ) should attend their lordships at the said time and place accordingly . which resolution of this house was also thereupon signified from this house to their lordships by the said m r serjeant owen and m r powle . the bill for the better expedition of justice in the court of star-chamber was read the second time . after the reading of which bill m r francis bacon stood up and and spake very earnestly against it , by means whereof , as it should afterwards seem , the bill was dashed . which said speech containing divers matters of good moment in it , although it be omitted in the original journal-book it self , yet i have thought good to supply it out of the aforesaid anonymous journal more particularly mentioned at the beginning of this present journal , being in manner and form following . m r francis bacon after silence made , spake as followeth : neither profit nor peril shall move me to speak against my consciene in this place . yet because i am a party interessed in this office which the bill aims at , so may i seem to speak with feeling ; my self also not thinking it fit , that being here a judge , i should speak also as a party : yet i beseech you as the manner is in places judicial , if the judge be a party , though he sit not there as judge , yet may he defend and speak at the bar as a party in his own case . so i beseech you , because i may hap to yield reason to the satisfying of any that yet may stand for the bill , let me be heard to speak at the bar. and then he offered to go to the bar , but the house in favour would needs have him speak in the place where he sat . first there is cunning shewed in the bill , and for that my lord keeper might be affected , it seems to give him the bestowing of the clerks places . secondly , to insinuate with practising lawyers , it gives them a fee ; for no interrogatories should be administred whereto their hand was not under . thirdly , it offered also some kindness to me , for it gave a present forfeiture of the office upon sundry defaults . fifthly , to the subject in general it pretended a very great relief . so that it carried a plausible show , but indeed the bill was in it self prejudicial to her majesty , inconvenient to the judges of that court , and burthensome to the subject . prejudicial to her majesty , for it makes a diminution of her inheritance ; inconvenient , for the clerks place hath always been in her gift , and this bill would carry it to the lord keeper , who never before had it . it is an indignity offered unto the court , for that the clerk must be ordered by an act of parliament , as if their wisdom and care were not sufficent to relieve any abuses they should find in their officers to the grief of the subject . great injury is offered to the parties interessed ; for first , an office which is incident unto the clerk is given from him , he shall not have the appointing of his own examiner . and again the ancient fee hath always been twelve pence the sheet , and as much in other courts ; therefore this is not tolerable . and considering the place of his attendance , his place is in the highest court , wherefore in reason his fee is to have proportion with his attendance . now where relief and ease were pretended to the subjects , no such thing will come by the bill , but rather a greater charge ; for it gives a fee for judicial acts , as for making reports , for which no such fee is due . it appoints that a councellors hand must be to all interrogatories ; so their clyents must pay a fee more than usually . also whereas he used upon commission ( the parties talking with their deponents ) to have cause presently to draw interrogatories they thought not ..... before ; now they cannot minister any such interrogatories ; nay to every commission sitting they must bring their councel , which will be an exceeding great charge . besides , the commissioners are bound under a pain not to accept interrogatories that are not signed under a councellors hand ; so the commissioners must take notice at their peril who be councellors admitted to the parties , who not . these with many other reasons . there was much division thereupon . wherefore the speaker propounded the question , that as many as will not have the bill rejected say i , and the other to say no. the voice was so indifferent that it could not be discerned which were greater . then the question grew whether part should go out , those that said i , or those that said no , m r speaker said , the order of the house is , that the i being for the bill must go out , and the no against the bill doth always sit . the reason is , that the inventor that will have a new law , is to go out and bring it in ; and they that are for the law in possession must keep the house , for they sit to continue it . thus far out of the aforesaid anonymous journal . the further passages of this day and part of the next do follow out of the original journal-book it self . m r attorney general and m r doctor stanhop do bring from the lords a bill intituled an act for explanation and confirmation of her majesties title to the lands and tenements late of sir francis englefield knight , attainted of high treason . on wednesday the th day of march , three bills of no great moment had each of them one reading ; of which the last being the bill for the maintenance of the haven in the town of colchester , and for the paving of the same town , had its first reading . the amendments in the bill touching the breadth of plunkets , azures and blues being twice read , the bill was upon the question ordered to be ingrossed . the amendments in the bill for the more speedy and due execution of process against recusants being twice read , the bill was upon the question ordered to be ingrossed . the councel on both sides were this day heard at large in this house in the bill against aliens selling by way of retail any foreign commodities , and afterwards sequestred . which done , the amendments intended by the committees in the said bill were read unto the house , and after the reading ordered upon the question to be inserted into the same bill accordingly . after which there followed divers long speeches and arguments on both sides both with the bill and against the bill , which said speeches being omitted in the original journal-book of the house of commons , are in respect of the great weight of this matter touching aliens now controverted , supplied out of the aforesaid anonymous journal ( more particularly mentioned at the beginning of this present journal ) in manner and form following , viz. m r francis moore ( of the middle-temple ) being as it should seem at the bar , of councel with the city of london , and in their behalf to speak for the making of a new law , by the order of the house spake first , and did at large set forth the inconveniencies that grew to our nation and tradesmen by suffering i tradesmen to retail . first because that strangers wares are better than ours , which causeth that our retaylors have no sale of their wares . they sell cheaper , though their wares be as good as ours . and this is by reason they have factors beyond the seas that are their friends and kinsfolks , and so they save that charge . a thing to be noted . and wheresoever they are , our own native retaylors are beggars . they receive gentlemen and yeomens sons to be their apprentices , themselves being retaylors , and this is no trade afterwards for them to live on ; so many beggars be made consuming their time under them . their retailing beggering our retaylors makes a diminution of the queens subsidies . their riches and multitude makes our estate poorer and weaker , for they stick upon our wealth , and carry it into foreign countries . in the statute richard . cap. . there appeareth the like complaint that now is , which being then made unto the king was then remedied , as appeareth by the statute . and for the objections made , first that it were against charity , that strangers sleeing hither for religion and relief should be restrained from the means of getting their livings ; secondly , that their retailing 〈◊〉 seneth the prices of our wares , and encreaseth the number of buyers ; and thirdly , that it were violating of their priviledge , if we have them by their diminution . the priviledge of s t martins hath always been allowed , and now not to be denied . to answer to these in order . first , charity must be mixt with policy ; for to give of charity to our own beggering , were but prodigality ; and such charity we use ; for we allow them all trades that they have been brought up in ; but retailing is a thing that they were never brought up unto in their own countries , so no reason to allow it them here . to the second , they buy of us , and sell as brought from beyond seas ; and upon this opinion sell our own wares dearer than we can do . their priviledge of denization is not to be allowed above the priviledge of birth , and our natives are not allowed to retail and merchandize as they do . and it may appear by a former statute , that notwithstanding their denization they have been bound under the statute h. . and though the stranger merchants pay double subsidies , yet strangers retaylors do not , but are taxed by the place , and that under value , because their goods and wealth is secret : but barr retailing , and they will all of them be merchants , and so the subsidy shall be doubled . s t martins was first allowed for a sanctuary , and for that cause had his priviledge , and not to be so ill a neighbour to the city as to rob it as it doth ; and by former statutes st. martins hath been barred , as by the statute h. . appeareth , only the statute of . h. . exempted it . m r proud of lincolns-inn ( being as it should seem at the bar , of councel with the strangers , and in their behalf to speak ) made particular answer to m r moore for strangers in resisting his answers to the five objections . then he offered , if the liberties of the natives born might be granted to strangers , they would seek no more , for they desired but to trade in all parts of the realm . m r hill of lincolns-inn ( of councel also with the strangers , spake next and said , make it law that they shall not retail , and the merchants hereafter will require a law that they may not use merchandise ; and so the shoo-maker , taylor , and others , that they may not use their trades , and in denying them one , you take away all . ( upon this instant m r speaker delivered a bill which desired they might be barred of such trades as to be shoo-makers and such like . but this bill was thought to be put in by the strangers themselves of policy . this i thought . ) and besides these retaylors themselves be not aliens , but far foreigners , such as have forsaken their own countries and liberties to live here in ours , and home they dare not resort . further , of the things they retail we have no company or trade here in england , and therefore it were unreasonable to bar them of their said retailing . it should seem that these three last before-named were all of the councel of either part that spoke at the bar , and that the speeches following were all of them uttered by several members of the house . sir john wolley spake next , as it should seem , after the councel of either part had been heard at the bar , and said : this bill should be ill for london , for the riches and renown of the city cometh by entertaining of strangers , and giving liberty unto them . antwerp and venice could never have been so rich and famous but by entertaining of strangers , and by that means have gained all the intercourse of the world. m r fuller spake next against alien retaylors , and said : the exclamations of the city are exceeding pitiful and great against these strangers ; nay had not these latter quiet times in their own countries , and our troubles made many of them retire home , the citizens would have been in uproar against them : the which if the government of the city repress not , they will be apt enough to it . it is no charity to have this pity on them to our own utter undoing ; for of them there ought none to be sworn a denizen , but he should first swear he is not worth five pound . this is to be noted in these strangers , they will not converse with us , they will not marry with us , they will not buy any thing of our country-men . their retailing is the cause that all things be at that price with us . for they make lawns velvets , rashes , taffaraes , linnen-cloth , and all this they sell to us also . now whosoever maketh a thing and selleth a thing , raiseth the price of it . the retailing stranger buyeth nothing of our country commodities , but all he layeth out he buyeth from beyond the seas . the searchers have sometimes taken seven thousand pound of theirs at a time . sir edward dymock speaking for the strangers , said : the beggery of our home retaylors comes not by the strangers retailing , but by our home ingrossers ; so that if our retaylors might be at the first hand , they might sell as good cheap as the strangers . but this bill is thrust into the house by our home ingrossers , of policy , that their beggering of our retaylors might be imputed to the strangers retailing . the strangers here purchase dear . and beyond the seas it is lawful for the strangers , in the places of the best traffick , to trade in any thing . in venice any stranger may buy , sell , or purchase house or lands , and dispose thereof by his will , or otherwise at his pleasure , as freely as any citizen . and this may we do then in some sort . the strangers are not they that transport our coin , but it is our merchants . for it is to be seen in all the low-countries , where her majesty uttereth much treasure , there is not so much english coin to be had , as in the same towns where the merchants trade . and of my own experience i know a town in the low-countries , where a contract of twenty pound was made by an english merchant , and he agreed to pay it all in english angels . m r dalton against the strangers said , that ingrossing ought to be suffered amongst merchants , because otherwise the commodities lying to be sold in parcels , would be consumed in expences before the ship were discharged . therefore for merchandise sake this is to be suffered . he imputed the beggery of the city to strangers , and said , that in some one parish there were a thousand lived by begging . m r finch spake for the strangers , and said : we ought not to be uncharitable , but this must be the rule , none must so relieve strangers , as by it to begger themselves . but for their riches , it groweth chiefly by parsimony , and where they dwell i see not that the nation is so much grieved at them as here in london , for they contribute to all scots and lots as we do . though they be a church by themselves , their example is profitable amongst us , for their children are no sooner able to go , but they are taught to serve god , and to flee idleness ; for the least of them earneth his meat by his labour . our nation is sure more blessed for their sakes . wherefore as the scripture saith let us not grieve the soul of the stranger . if this stranger be both a merchant and a retaylor , there 's a law against him eliz. c. . but as i am for the strangers of the church , so not against any law that should be made against such strangers as be not of the church , but here only for merchandize ; and those who have for conscience sake only , may again ( the fire being quenched ) safely return into their own countries . in r. . an act was made what wares strangers should retayle and what not ; but what is understood by this word retailing , or how far it is stretched , i know not . if retayling stretch to sell that which they make here , as well as that which is brought from beyond seas , this is too hard a construction . in the days of queen mary , when our cause was as theirs is now , those countries did allow us that liberty , which now we seek to deuy them . they are strangers now , we may be strangers hereafter . so let us do as we would be done unto . serjeant drew said : there is no reason we should be without respect to strangers , yet our charity must be done with a feeling of our countrymens grief : and although i think it not fit , that the law should look back ; to have old men , long inhabiting here , now to become apprentices ; yet that all things should be at liberty to all strangers , as it is , that were not convenient . wherefore i could wish there might be a law for those that should come hereafter only , and the strangers that be now might be restrained to their retayling of some wares especially . my motion therefore is , that the house would continue the committee of the bill until a further day , that it may receive motion from their deliberation . thus far out of the aforesaid anonymous journal , the residue of this days passages that follow , and part of the next , are transcribed out of the original journal-book it self . after the aforesaid speeches and arguments the said bill against aliens selling by retail was upon the question recommitted unto the former committees ( who had been appointed on tuesday the th day of this instant march foregoing ) to meet again about the same bill in the afternoon of this present day ; and the bill was also delivered to m r dalton one of the same committees . sir william bevel knight , one of the knights returned for the county of cornwal in respect of his wises extream sickness is by m r speaker licensed to depart . thomas maylard , one of the burgesses for hertford , is for his necessary business at the assizes licensed by m r speaker to depart . on thursday the d day of march the bill for the grant of three intire subsidies , and six fifteenths and tenths was read the third time , and passed upon the question . nota , that this bill of the subsidy , in respect of the greatness of the sum , passed the house of commons with very great difficulty , as may appear by those several days upon which it was agitated , 〈◊〉 , on monday the th day of february , and on friday the second day , saturday the third day , tuesday the th day , wednesday the th day , friday the th day , and saturday the th day , tuesday the th day , friday the th day and monday the th day of this instant march foregoing . this day the house was called , and those members of this house which were then present and did appear , did pay into the hands of m r robert wroth and m r warren esquires , their charitable contributions to the relief of the poor in such proportion as had been agreed upon on monday the th day of this instant march foregoing , viz. every privy councellor of the house . shillings ; every knight in degree , and every one returned a knight of a shire , though not of that degree , and every serjeant at law or doctor of law ( because i suppose they are in some respects accounted equal to knights ) twenty shillings ; and every borough of the cinque ports and every burgess of the house five shillings . there was also gven by every member of the house twelve pence a piece to the serjeant of the said house , for his attendance , and for the charges of a clock set up by him for the use of the house . there is also one passage of this day more set down in the aforesaid anonymous journal , more particularly mentioned in the beginning of this present journal , which is omitted in the original journal-book it self , being as follweth . a poor burgess of the house refused to pay his said contribution of five shillings , would only pay two shillings six pence : whereupon the speaker would have committed him for disobeying the order of the said house , but most of the members of the same were against it , and so he escaped . thus far out of the aforesaid anonymous journal . the passages of the next day following are in part inserted out of the original journal-book it self . on friday the th day of march , two bills of no great moment had each of them one reading ; of which the last being the bill concerning woollen cloaths and kerseyes made in the county of devon , out of cities , towns corporate and market towns , was upon the second reading committed unto sir william moore , all the knights and burgesses of norfolk , york , surrey . kent , somerset , devon. and cornwall , m r serjeant harris and others ; and the bill was delivered to sir william moore , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in this house . m r attorney of the dutchy , one of the committees in the bill for m r anthony cook , shewed that he and the residue of the committees in that bill ( appointed on friday th day of this instant march foregoing ) have met and had conference together , and that for sundry respects then opened by him to the house , they thought good to frame a new bill : and so offered the same new bill , praying it might be read . m r tasborough , one of the committees in the bill for relief of jurors appearing upon tryals , bringeth in the old bill with some amendments , and prayeth that the same amendments may be allowed of by the house ; hereupon they were twice read , and ordered to be ingrossed ; but the bill remained without any further course or question at that time . m r serjeant harris , one of the committees in the bill for m r ognall ( which had been appointed on friday the th day of this instant march foregoing ) offereth a report of the travel of some of the committees ; but it was upon a counter-motion made by ..... and so it leaves imperfectly , but it should seem upon the said counter-motion made by some other member of the house , the said report offered to be made by serjeant harris was for this time put by . the bill for explanation and confirmation of her majesties title to the lands late sir francis englefield's knight , attainted of high treason , was upon the second reading committed unto all the privy-council , m r attorney of the dutchy , m r nathanael bacon and others , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . m r finch , one of the committees in the bill for the lord burgavenny ( which had been appointed on thursday the th day of this instant march foregoing ) shewed , that he and the residue of the committees have met and considered of the parts of the said bill , and find some defects in the same , chiefly in matter of form , and offered such amendments unto the house as they thought fit ; and prayed the same to be read : which being read by the clerk , it was ordered by the house that those amendments should be added to the said bill in a schedule . after which report made by m r finch , it should seem that there followed further dispute this day touching that weighty business of aliens retailing of foreign wares ; which being wholly omitted in the original journal-book it self , is therefore inserted out of the aforesaid anonymous journal , more particularly mentioned in the beginning of this present journal , in manner and form following , viz. m r palmer , burgess for london , delivered the bill for retailing , and signfied , that the committees could not agree upon it ; so desired that it would be considered by the house what is fit in their opinions to be done . but the said m r palmer was none of the said committees . the speaker was thereupon ready to put it unto the question , whether the bill should be ingrossed ; but the house would not have it so suddenly put to the question . m r palmer proceeded and said , that the strangers of late are grown to so great a number , that they being but forty open retaylors , have undone since the last parliament sixty at least of our english retaylors , for so many are now beggars that were forty pound subsidy in the queens book . their retailing hath inhanced the price of all wares , such as they retail : for when they retailed not , but our english used the sale of fine lawnes , hollands and cambricks , they were better cheap by fifteen pound in an hundred . the retailors here are but factors to such as are merchants beyond the seas , so they are both merchants and factors ; a thing which if we should use beyond the seas , the law would be fiery to us , or fire should be our law if we withstood . and those places where we trade with our cloth , should we retail it also , we should so inhaunce the price , that they would not be very glad of our traffick . but this mischief is suffered amongst us by the dutch. it is to be proved that there were twenty retaylors in london that passed ten or twelve thousand pound a piece in a year ; and this twenty thousand pound a year at the least the strangers carry out of the realm , for of our commodities they esteem nothing . where it was said the other day , our merchants did carry our coin out of the realm , there is a restraint now that none shall do it . and it is to be shewed that the merchants do weekly bring in twelve or fifteen hundred pound , and sometimes two thousand weight of strange coin. now whereas it is so much urged to be against that charity which is commended to us by moses towards the stranger , let moses tell us who is that stranger ; even the fatherless and widow . wherefore from them we must not reap too clean , but cast out some handfuls for them to gather up : when we gather our vintage , or when we gather our corn , we must not gather too clean . but shall we be put out to gleaning and give our fields to them ? that were beyond charity . wherefore let moses be expounded by the same spirit . the apostle saith , that he that provideth not for his family is worse than an infidel . let us then have an eye to our country and our poor country-men . you be here as patres patriae , you be here as amongst the romans the patres conscripti : i beseech you have respect unto this city , upon whose flourishing estate the whole realm dependeth . sir walter raleigh spake next and said : whereas it is pretended , that for strangers it is against charity , against honour , against profit to expel them ; in my opinion it is no matter of charity to relieve them . for first , such as fly hither have forsaken their own king ; and religion is no pretext for them , for we have no dutchmen here , but such as came from those princes where the gospel is preached , and here they live disliking our church . for honour , it is honour to use strangers as we be used amongst strangers ; and it is a lightness in a common-wealth , yea a baseness in a nation to give a liberty to another na - which we cannot receive again . in antwerp where our intercourse was most , we were never suffered to have a taylor or a shoemaker to dwell there . nay at millain where there are three hundred pound english men , they cannot have so much as a barber amongst them . and for profit , they are all of the house of almoigne , who pay nothing , yet eat out our profits , and supplant our own nation . custom indeed they pay , paying fifteen pence where we pay twelve pence , but they are discharged of subsidies . the nature of the dutchman is to fly to no man but for his profit , and they will obey no man long , now under spain , now under mounfort , now under the prince of orange , but under no governour long . the dutchman by his policy hath gotten trading with all the world into his hands , yea he is now entring into the trade of scarborough fishing , and the fishing of the new-found . lands , which is the stay of the west-countries . they are the people that maintain the king of spain in his greatness . were it not for them , he were never able to make out such armies and navies by sea ; it cost her majesty sixteen thousand pound a year the maintaining of these countries , and yet for all this they arm her enemies against her . therefore i see no reason that so much respect should be given unto them . and so to conclude , in the whole cause i see no matter of honour , no matter of charity , no profit in relieving them . sir robert cecill spake next and said : when i first heard this bill read , i promised my self silence for it speaks of trades , wherein i have no skill : but upon so great dispute as it hath received on both sides , and that very throughly and wisely , my understanding is cleared , and i see that now which i saw not before . what the word retailing meant , i understood not before , but now it is brought to a matter of charity to relieve strangers , and especially such as do not grieve our eyes . this hath brought great honour to our kingdom , for it is accounted the refuge of distressed nations , for our arms have been open unto them to cast themselves into our bosoms : but yet our charity unto them must not hinder or injure our selves . now as the bill is , it is not sufficient for this purpose : and if it be put to a question , it must either be dashed or put to ingrossing . and for my own conscience , if the question be now made , i am not resolved to give my voice . it were not for the gravity of the house nor the credit of the committees to have it rejected upon the sudden , and as it is now , it is not fit to pass in my conceit . i see the citizens themselves will be well assenting unto the reforming of the same ; for m r recorder yesterday speaking with zeal for the city , yet with good regard thought the bill might receive great moderation . and thereupon the house was well pleased to stay the bill and commit it again to the former committees , to whom were further added sir robert cecill , sir walter raleigh , sir henry knivet , m r wroth and others , who were appointed to meet with the former committees ( who had been nominated on tuesday the th day of this instant march foregoing ) this afternoon at two of the clock in this house . now followeth the next days passages and some others ensuing out of the original journal-book . on saturday the th day of march , the bill touching clapboards and casks was twice read and committed unto the committees that follow , viz. m r treasurer , m r wroth , m r francis bacon , m r finch and others , and the bill was delivered to m r treasurer , who with the rest was appointed to meet at two of the clock this afternoon in the exchequer chamber . the bill and committees names touching the lands late sir francis englefields knight , attainted of high treason , ( who had been nominated on thursday the th day of this instant march foregoing ) were delivered to m r vice-chamberlain . the bill for relief of maimed souldiers and mariners was upon the second reading committed unto the former committees ( whose names see before on monday the th day of this instant march foregoing ) and sir robert cecill , m r richard brown , m r hubberd and others were added unto them , and appointed to meet on monday next at two of the clock in the afternoon in the exchequer chamber , and the bill and committees names were delivered to sir robert cecill , vicle plus march . m r speaker being moved by m r edgecombe to read the private bill for the town of stonchouse , and offering to have the bill read first which came from the lords touching popish recusants , being a publick bill and remembred from her majesty ; it was upon the further arguing of sir edward dymock put to the question of the house whether the same bill for the town of stonchouse should be read or no , and upon the question made was ordered no. four bills were sent up to the lords by m r vice-chamberlain and others ; of which one was the bill for subsidy , and the other touching the sale of the gray-fryers in cambridge . m r serjeant owen and m r doctor stamhop do bring from the lords a bill intituled , an act to give liberty to the lord harrowden to sell certain lands for the payment of his debts . the bill for restraining of popish recusants to some certain places of aboad , with the amendments , were first twice read , and the bill and proviso upon the third reading passed upon the question . sir walter raleigh , one of the committees in the bill against aliens retailing of foreign wares , shewed the travels of the committees , and offereth unto the house the bill with a proviso ; and the proviso being twice read , the bill and proviso upon the question were committed again to the former comittees , and the bill was delivered to m r dalton one of the said committees , who were appointed to meet at two of the clock in the afternoon of this present day in the exchequer chamber . on monday the th day of march , two bills of no great moment had each of them one reading ; of which the last concerning spinners and weavers was upon the second reading committed unto m r chancellor of the exchequer , sir william knowles , sir moyle finch , sir francis hastings and others , and the bill was delivered to sir william knowles , who with the rest was appointed to meet to morrow in the afternoon in the exchequer . m r speaker shewed , that he had received a bill signed by her majesty for the restitution in blood of sir thomas parrot knight son and heir of sir john parrot knight deceased lately attainted of high treason . whereupon the bill for restitution in blood of sir thomas parrot son and heir of sir john parrot knight deceased attainted of high treason , was twice read . m r vice-chamberlain , one of the committees in the bill concerning lands late sir francis englefields knight attainted of high treason ( who had been appointed on thursday the th day of this instant march foregoing ) shewed , that he and the residue of the committees in the same bill have met together , and for certain things considered therein by them touching some misprisions and imperfections both in sence and in writing , have thought good , that the said committees of this house might upon a motion to be made unto the lords for conference touching the said misprisions and imperfections have conference with their lordships therein , for that the same bill came from their lordships . which upon that motion was assented unto by the whole house accordingly . and immediately after , the bill for restraining popish recusants to some certain places of aboad lately passed with some amendments in this house , which before came from the lords ; and the bill also for confirmation of the joynture of the lady margaret countess of cumberland , which likewise lately passed in this house ; and did also before come from the lords , were sent up to the lords by m r vice-chamberlain and others , with order furthermore of this house to move their lordships for the said conference touching the said misprisions and imperfections , in the bill touching the said lands , lately the said sir francis englefields . the bill for the bringing of fresh water to the town of stonehouse was upon the second reading committed unto sir francis drake , m r edgecombe , sir thomas conisby , m r dalton and others , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . the bill for the haven of plymouth , and the bill for the inning of plimpton marsh were each of them read the second time , and committed to the former committees in the bill for the town of stonehouse , to meet at the same time and place , and the bills were both of them delivered to sir francis drake one of the said committees . the bill concerning the lands of henry late lord burgavenny had its third reading , and the amendments were also read the third time , and the bill with the amendments passed upon the question . the bill touching the assize of fuel was upon the second reading committed unto m r humphrey conisbie , m r fanshaw , m r wroth , and others , and the bill was delivered to m r fanshaw , who with the rest was appointed to meet this present day at two of the clock in the afternoon in the exchequer chamber . m r serjeant owen and m r doctor ford do bring word from the lords , that their lordships according to the request of this house have assented unto the conference demanded touching the said bill , concerning the lands late sir francis englefields lately attainted of high treason ; and that their lordships have appointed the time to be to morrow morning at eight of the clock at the accustomed place . the bill to give liberty to the lord harowden to sell certain lands for the payment of his debts , had its first reading . m r serjeant owen and m r doctor ford do bring word from the lords , that touching the amendments of this house in the bill which first passed in the upper house , and was afterwards sent down unto this house ; for restraining of popish recusants , to some certain places of aboad , and then passed in the house with some amendments , and sent unto their lordships this present day , their lordships do desire that these committees of this house which are appointed to have conference with their lordships to morrow touching the said bill concerning the lands late sir francis englefields , may also have authority from this house at the same time and place to have conference likewise with their lordships touching the said amendments of this house in the said bill for restraining popish recusants to some certain places of aboad . which afterwards upon the return of that message made unto that house by m r speaker was assented unto by the whole house accordingly , and so signified also unto the said mr. serjeant owen and mr. doctor ford. on tuesday the th day of march mr. fuller , one of the committees in the bill for repealing of a branch of a statute made in quarto & quinto phil. & mar. intituled an act touching the making of woollen cloath , shewed the travel of the committees in the same . whereupon after some other speeches then moving the house , the said bill was recommitted to the former committees ( who had been appointed on wednesday the th day of this instant march foregoing ) to meet again this afternoon . the bill touching the true and lawful assizing of bread was read the second time , and upon the doubtfulness of the voices whether it should be ingrossed or no , was upon the question by the division of the house rejected , with the difference of twenty seven voices , viz. with the yea sixty five , and with the no ninety two . the bill to make void the spiritual living of those that have forsaken the realm , and do cleave unto the pope and his religion , was twice read , and ordered to be ingrossed . the bill against strangers retailing of foreign wares was read the third time , and after many long speeches both with the bill and against the bill , passed upon the question by the division of the house , with the difference of fourscore voices , viz. with the yea a hundred sixty two , and with the no eighty two . vide concerning this business on tuesday the th day . on tuesday the th day , wednesday the th day , and on friday the th day of this instant march foregoing . matthew jones gentleman , being found sitting in this house , and no member of the same , was brought to the bar , and there being charged by m r speaker for his said offence , humbly excused himself by ignorance ; and appearing unto the house to be a simple ignorant old man , was upon his humble submission pardoned to be discharged to morrow , paying his fees , and ordered in the mean time to remain in the serjeants ward of this house . m r serjeant owen and m r doctor stanhop do bring word from the lords , that upon thursday next at two of the clock in the afternoon in the accustomed place , three earls , three barons and three bishops of the upper house , are appointed to have conference with some of the members of this house , if this house should so like , touching a proviso to be devised for 〈◊〉 coverts mentioned in the amendments of this house to the bill which passed with their lordships for restraining of popish recusants to certain places of aboad : and shewed , that their lordships did like very well of the residue of the said amendments . which passage being opened unto the house by m r speaker , it was ordered that a competent number of committees in the said bill ( who had been appointed on wednesday the th day of february foregoing should attend their lordships , which was so signified unto the said m r serjeant owen and m r doctor stanhop . after which the said m r serjeant owen and mr. doctor stanhop do again bring word from the lords , that touching the date of the beginning or of a prorogation of a parliament mentioned in the bill touching sir francis englefield's lands , their lordships do desire , that at the conference about recusants , already appointed on thursday next , a committee of this house may then also confer with their lordships in that matter also . which was then granted . the bill for mr. anthony cooke was read the third time , and passed upon the question . on wednesday the th day of march , the bill for reviving , continuing , explanation and perfecting of certain statutes was twice read , and committed to the former committees ( whose names see before on monday the th day of this instant march foregoing ) and unto mr. heiman , mr. dewhty , mr. rotheram , mr. finch , mr. attorney of the dutchy , the burgesses of the cinque-ports , mr. broughton , mr. john hare , mr. penruddock and mr. doctor caesar , and the bill was delivered to mr. wroth one of the former committees , who with the rest was appointed to meet in this place at two of the clock in the afternoon of this present day . sir robert cecill , one of the committees in the bill for the relief of poor maimed souldiers , ( who had been appointed on monday the th day of this instant march foregoing ) shewed , that the committees have met together , but in effect upon sundry reasons shewed amongst them by divers of the said committees to contrary effects , they could come to no conclusion , but rather to a meer confusion upon the points of the matter ; for his own private part said in the end , that as this house had committed the said bill unto him and the residue of the said committees , so had he thought good to commit the same bill to prison rather than to return it to this house again in the same or no better state than they did before receive it . m r treasurer , one of the committees touching clapboards and casks ( appointed on saturday the th day of this instant march foregoing ) shewed the meetings of the committees and their amendments to the bill . whereupon the said amendments being read , the bill and amendments after some speeches had to the same were recommitted to the former committees , and m r bucking now added unto them , to meet this afternoon . the bill for naturalizing of certain englishmens children born beyond the seas , was read the third time and passed upon the question . m r boucher , one of the committees in the bill for the town of stonehouse ( which had been appointed on monday the th day of this instant march foregoing ) shewed the meeting of the committees , and their amendments to the bill ; which amendments being twice read , the bill with the amendments were ordered by the house to be ingrossed . the bill for restitution in blood of sir thomas parrot knight , had its third reading and passed upon the question . the five bills which last passed this house , viz. the bill for restitution in blood of sir thomas parrot knight , the bill concerning the lands of henry late lord burgavenny , the bill against strangers retailing of foreign wares , the bill for mr. anthony cooke , and the bill for naturalizing of certain english mens children born beyond the seas , were sent up to the lords by mr. treasurer and others . the bill for the lord harowden had the second reading , and thereupon was committed to sir john harrington , mr. wroth , mr. hare and others ; and the bill was delivered to sir john harrington , who with the rest was appointed to meet this afternoon in this house . matthew jones gentleman , prisoner in the serjeants ward , being brought to the bar and charged by mr. speaker with the greatness of his misbehaviour , in presuming to intrude himself yesterday into this high court of council being no member of the same , and giving him grave admonition for his future dutiful behaviour , shewed him in the end , that in regard of his humble submission this house doth discharge him paying his fees. the bill for the maintaining of wier-works was upon the second reading committed unto sir edward dymock , mr. doctor caesar , the knights and burgesses for york and yorkshire , mr. wroth and others , and the bill was delivered to mr. doctor caesar , who were appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . on thursday the th day of march , mr. broughton , mr. attorney of the dutchy , sir thomas dennis , and sir francis gudolphen were added to the former committees in the bill for the haven of plymouth ( who had been appointed on monday the th day of this instant march foregoing ) and appointed to meet at two of the clock in the afternoon of this present day . the bill concerning the haven of colchester , and the paving of the said town , was upon the second reading committed unto mr. vice-chamberlain , the burgesses of colchester , mr. grimston and others ; and the bill was delivered to mr. wroth , one of the said committees , who with the rest were appointed to meet at two of the clock this afternoon in the exchequer chamber . mr. treasurer , one of the committees in the bill touching clapboards and casks ( appointed on saturday the th day of this instant march foregoing ) brought in the bill with some amendments , which being twice read the bill was ordered to be ingrossed . mr. serjeant harris , one of the committees for the lord harrowden ( appointed on wednesday the th day of this instant march immediately foregoing ) bringing in the bill , and after report made by him of the travel of the committees therein , the bill was read for the third reading and passed upon the question . mr. finch , one of the committees in the bill for continuation , explanation and perfecting of certain statutes ( who had been appointed on wednesday the th day of this instant march foregoing ) reporteth the meeting and travel of the committees , and also the amendments of the bill in sundry things ; which amendments after many long arguments and sundry questions , with the division of the house were in the end ordered to be inserted into the said bill . on friday the th day of 〈◊〉 〈◊〉 . broughton and sir edward dyer were appointed to attend my lord keeper touching the return of the habeas corpus cum causa , for the bringing up of the body of mr. fitzherbert esquire . vide concerning this matter on thursday the first day , friday the second day , and on saturday the th day of this instant march foregoing ; as also on tuesday april the d , and on thursday april the th postea . the amendments in the bill for continuation , explanation and confirmation of the queens majesties title to the lands and tenements late of sir francis englefield knight , being twice read to the house , and the bill it self and the same amendments read the third time also , passed upon the question . the amendments in the bill for continuation , explanation and perfecting of certain statutes being twice read , were upon the question after many and sundry arguments to divers particular points in the same , ordered upon the question in the end to be ingrossed . m r vice-chamberlain , one of the committees in the bill for maintenance of the haven of colchester , and the paving of the town , appointed on thursday the th day of this instant march foregoing ) shewed , that he and the residue of the committees have met together , and upon their conference thought good to suppress the said bill , for that they could not conveniently agree to such conclusion in the same as might satisfie the inhabitants of the said town : and shewed further the imparting of himself and the other committees unto the lords touching the collection and distribution of the money to poor maimed souldiers ; and that thereupon their lordships had appointed four of themselves for that purpose , which in that case should join with such of this house as by this house shall be appointed . whereupon m r vice-chamberlain was ordered to give their lordships most humble thanks , and to shew them that after their lordships shall have sent the bill again to this house in such sort passed as their lordships shall think meet , this house will thereupon then do therein what shall appertain . doctor carew and m r powle do bring from the lords a bill intituled , an act for confirmation of the subsidies granted by the clergy , together with the instrument for the same ; with request also from their lordships to this house for speedy expedition of the same . a proviso to the bill concerning the over-length of broad cloth , was offered to the house , and after the twice reading thereof was ordered to be ingrossed . m r treasurer , mr. warren , sir francis drake , mr. wroth , mr. doctor herbert , sir henry unton , sir thomas cecill , sir thomas morgan , mr. oliver s t john , sir thomas baskervile , sir thomas shirley , mr. john hart , mr. flower , sir robert sidney , sir thomas conisby , are appointed to join with the lords in the joint disposing of the contribution of both houses collected towards the relief of poor maimed souldiers . nota , that this is all which is found in the original journal-book of the house of commons of this days passages , and therefore there being an excellent vote or resolution of the house touching the addition and amendments of bills after their passing of either house , set down in the often before-recited anonymous journal , more particularly mentioned at the beginning of this present journal , i have thought good to have it inserted in manner and form following . if a bill having passed the upper house be sent down to the house of commons , and be likewise upon the third reading allowed and expedited in that house , and from them sent back again to their lordships with alterations and amendments thereunto added here , the lords may either reject the said bill or must pass it with the said additions , and that nothing more can be inserted into the said bill by their lordships ; but they must frame either a new bill in the same matter or business , or send down the former old bill with other additions or provisoes as a new bill : or if a bill being sent from the lords to the house of commons , do pass the said house also , as it had their lordships before the sending down , it can never be again dealt in further by them . thus far out of the aforesaid anonymous journal : the next days passages follow out of the original journal-book it self . on saturday the th day of march , the bill for confirmation of the subsidies granted by the clergy and read the first time passed upon the question . the bill touching casks brought in with more amendments by mr. wroth one of the committees , and the same amendments being twice read , the bill was upon the question ordered to be ingrossed . the bill for reviving , continuing , explanation and perfecting of certain statutes was read the third time ; and after sundry arguments the two provisoes touching the dealing with the reputed fathers of bastards being withdrawn upon the question , the bill upon the question was passed afterwards accordingly . mr. attorney general and mr. doctor ford do bring from the lords two bills ; the one intituled an act for the restraint of new buildings , converting of great houses into several tenements , and for restraint of inmates and inclosures in and near unto the city of london and westminster ; and the other for the explanation of a branch of a statute made in the twenty third year of the queens majesties reign , intituled an act to retain the queens majesties subjects in their due obedience , with some additions to the same , with a message also from their lordships , to know the pleasure of this house touching their lordships request , for the further explanation by their lordships to be made of some part of the amendments of this house in the bill lately passed their lordships and sent hither unto this house , and afterwards by this house returned again unto their lordships with some amendments of this house , intituled an act for restraint of popish recusants to some certain places of aboad . and the said mr. doctor ford also shewed , that their lordships prayed expedition of the said bills now brought down , for that the time of parliament is like now to grow very short . mr. speaker remembred unto the house the effect of the said message from the lords ; whereupon it was resolved by the house , that answer should be made unto the said mr. attorney and mr. doctor ford , that if their lordships should add any declaratory proviso to the said bill and sent it down to this house , this house would thereupon then further do as shall appertain . mr. robert penruddock , one of the burgesses returned for the borough of milton , for her majesties affairs , and also for his own business is licensed by mr. speaker to depart home . three bills lastly had each of them one reading ; of which the last concerning the over-length of broad-cloth was read the third time , and passed upon the question . on monday the second day of april , the bill concerning woollen-cloths called devonshire kersies or dozens , was upon the second reading committed unto the knights and burgesses of devon , mr. serjeant harris , mr. george moore and others , and the bill was delivered unto sir thomas dennis one of the same committees , who with the rest were appointed to meet at two of the clock this afternoon in the exchequer chamber . six bills were sent up to the lords by mr. treasurer and others ; of which the first was the act for confirmation of the subsidies granted by the clergy ; and another touching the lands of sir francis englefield knight , attainted of high treason ; the residue being of no great moment . sir william brunker , one of the committees in the bill concerning spinnersand weavers ( who had been appointed on monday the th day of march last past ) shewed , that the committees had met , and upon conference amongst them thought good to make a new bill : and so bringing in both the old bill and the new , prayed the reading of the said new bill . the bill for explanation of a branch of a statute made in the twenty third year of the queens majesties reign , intituled an act to retain the queens majesties subjects in their due obedience , with some amendments to the same , had its first reading . three bills of no great moment had each of them one reading ; of which the second being the bill against counterfeiting of counsellors hands , &c. was read the third time , and dashed upon the question . the bill for relief of maimed souldiers and mariners was twice read , and committed unto all the privy-council , the knights and burgesses of london , the burgesses of york and others , who were appointed to meet this afternoon at two of the clock in this house . nota , that certain members of the house were appointed to draw a bill for the relief of maimed souldiers and mariners on monday the th day of march foregoing , which bill being so drawn , was upon saturday the th day of the said march upon the second reading referred to certain committees , and was lately upon wednesday the th day of the same month upon the motion of sir robert cecil one of the said committees withdrawn out of the house and no further proceeded in , and thereupon the aforesaid new bill preferred this day and twice read . m r serjeant owen and mr. doctor carey do bring from the lords the bill for restraining of popish recusants to some certain places of a boad , lately passed this house with some amendments ; shewing , that the lords liking very well of the said amendments have inserted those amendments into the said bill accordingly . and that their lorships have further thought good to add unto the said bill a proviso , for explanation of the branch of the said bill which concerneth the matter only of abjuration , have passed the said proviso , and affiled the same to the said bill , and sent it down to this house , to be also passed here if this house shall so think meet . on tuesday the third day of april the bill concerning spinners and weavers was twice read , and committed to the former committees ( who had been appointed on monday the th day of march foregoing ) and mr. wroth and the burgesses of york and norwich were added unto them . sir thomas denis , one of the committees in the bill concerning devonshire kerseys and dozens ( appointed yesterday ) shewed the meeting of the committees , and that they have in some few things amended the bill , praying the reading of the said amendments ; which being thereupon twice read , the bill upon the question was ordered to be ingrossed . the bill concerning brewers was upon the second reading committed unto sir edward dymock , m r stevenson , the knights and burgesses for london , m r wroth , m r peak , and the burgesses for oxon , cambridge , sandwich , and newcastle under-line , who were appointed to meet at two of the clock this afternoon in the exchequer chamber . the return of the habeas corpus cum causa made by the sheriff of the county of darby for m r thomas fitzherbert . which short remembrance of this excellent precedent ( how far on outlawed man may be a burgess of the parliament ) is all that is found in the original journal-book it self of the house of commons . and therefore because there was much debate concerning it this day , as had been on divers other days foregoing ( viz. on thursday the first day , friday the d day , saturday the th day , and on friday the th day of march last past ) have caused it to be transcribed at large out of the often before-recited anonymous journal , in manner and form following . the house was informed that the lord keeper had sent the record of fitzherbert's execution hither to the house . the chancery men who brought it were called into the house to the bar and were appointed to read it ut clerici . and the house appointed the writ sent out of chancery to be annexed unto the record . the words of the writ were tibi praecipimus quòd capias corpus tho. fitzherbert , quocunque , &c. dat. apud . westm. o die martii . eliz. the sheriffs return , deliberatum fuit hoc breve . die martii super , &c. sed ante adventum istius brevis ( scilicet ) o februarii eliz. captus fuit thomas fitzherbert , &c. m r dalton said , the return of the writ being made unto another court , and the record it self being in another court , we cannot be judges of the matter , nor enlarge the party . and as for the return , methinks it therefore insufficient , because it was not returned into this court : and i see not how we can be judges of the return . for the number of voices in this cause is not to be judged for law , whether it be a good return or not ; for that which is law , will notwithstanding rest for law for all our voices . therefore i think that priviledge quae est privatio legis in this case could not be granted . m r brograve said , as to the matter of priviledge , the cause to me is very doubtful , because priviledges in these causes are very rare , and so the matter resteth in doubt . this court for its dignity and highness hath priviledge , as all other courts have ; and as it is above all other courts , so it hath priviledge above all other courts ; and as it hath priviledge and jurisdiction too , so hath it also coercion and compulsion ; otherwise the jurisdiction is nothing in a court , if it hath no coercion . therefore it seemeth unto me , that the return of the writ ought to have been returnned into the court of parliament ; but whether the return be to be made into the upper house or lower house , i know not . for in many cases we have divided jurisdictions , and the upper house hath jurisdiction by it self , therefore if a nobleman hath a servant that were arrested , they might make their writ of priviledge returnable before themselves and give him priviledge . and here in this house , if one that is a member of this house and have sate here , be arrested sedente parliamento , we are to give him priviledge . but if he be taken before his coming hither , it is not in our power to deliver him , but we must have the assistance of other courts in such causes . the use is such in other causes : if the action be a mahime , whether this be a mahime or no the court will not judge , until those that have science in those things affirm it to be so . and so when a matter ecclesiastical or grammatical is in question the opinion of civilians or grammarians is known , before the judgment is given . so in this court , we ought to desire instructions from the judges of the realm , whether in this cause by the law we can grant priviledge or no. for priviledge there be two writs issuing out of this house ; the one is a general corpus cum causa , and this is granted upon apparent cause of priviledge : as if a member of the house be taken sedente parliamento . the other writ is called a writ of parliament ; this is granted when the cause is to be judged by the parliament . but whether priviledge be to be granted to this party or no , it is not apparent . and in the cause the lord keeper is not to be judge ; but here the whole record is to remain , and we with the advice and opinion of the judges are to consult if the party be to have priviledge . therefore seeing the court hath coercion in it self , let us with the advice of the judges proceed as we have power : for if we give away our coercion , we give away our jurisdiction . m r serjeant harris said , the record remaining in chancery , this house is sufficiently possessed of it , even as in case of all the returns of knights and burgesses . m r francis bacon said , the return is well , for the return is an ensuing of the writ that must be made under seal . as for taking the assistance of the judges , it is a good course ; for though we sit here to make laws , yet until the new law is made , the old law is of force , and our conference with them gives away no resolution from us , but taketh advice only from them . m r finch said , in my opinion the return should have been into this house . for a writ of error sued here , the writ used to be returned hither , as it appeareth in e. . and edw. . and h. . it would seem by trewinnards case h. . that a writ of priviledge is never returned , but the party appearing the court proceedeth . m r speaker desired to know of the house if for their better information , they would give him leave to speak ; which the house willingly granted . whereupon he said : for the discharge of my own duty , and informing of your judgments , who i know will judge wisely and justly , i will deliver unto you what i have learned , and what i have observed ; for ever since the lodging of this parliament , i have thought upon and searched after this question , not particularly for this cause , but this point , the priviledge of the house ; for i judged it , would come in question for many occasions . the question is drawn to two heads , the one about the writ , the other about the return . first , whether the writ might have gone out of this house . i will tell you plainly my opinion , i beseech you let me not be ill thought of , if i be rude in what i say , for it is my fault , i cannot speak so mildly as some ; but my manner is , that which i speak , i speak sharply and somewhat roundly , but always with this tacite condition , submitting my self to any better reason that shall be shown me . though any court of record hath this jurisdiction to make out processes , yet this court cannot . why ? this may seem strange , that every court in westminster , every court that hath causes of plea , every lords leet , and every court baron hath his power , that they may make out process ; yet this court being the highest of all courts cannot ; how can this be ? the nature of this house must be considered ; for this court is not a court alone ; and yet there are some things wherein this court is a court by it self , and other things wherein it is no court of it self . to know then how we are one house , and how we can be divided houses , this would give great light to the question . at the first we were all one house and sat together , by a precedent which i have of a parliament holden before the conquest by edward the son of etheldred . for there were parliaments before the conquest . this appeareth in a book which a grave member of this house delivered unto me , which is intituled modus tenendi parliamentum ; out of that book i learn this , and if any man desire to see it , i will shew it him . and this book declareth how we all sat together , but the commons sitting in presence of the king and amongst the nobles disliked it , and found fault that they had not free liberty to speak . and upon this reason that they might speak more freely , being out of the royal sight of the king , and not amongst the great lords so far their betters , the house was divided and came to sit asunder . a bold and worthy knight at the time when this was sought , ( the king desiring a reason of this their request , and why they would remove themselves from their betters ) answered shortly , that his majesty and the nobles being every one a great person , represented but themselves ; but his commons though they were but inferiour men , yet every one of them represented a thousand of men . and this answer was well allowed of . but now though we be divided in seat , be we therefore divided houses ? no ; for if any writ of error be brought , as you shall see a notable case in e. . this writ must be returned in parliament , that is , to the whole house , and chiefly then to the upper house , for we are but a limb of the house . now where a record is removed upon a writ of error given to another court , the manner is , that the chief of that court bring the writ in his hand to the house : but humbly sheweth unto the house , that the record being remitted out of the court , no execution can go forth though the judgment be affirmed . the court of parliament thereupon maketh transcript of the whole record , and returns the record again to the court ; but if the judgment be reversed , then the record it self is cancelled and rased . this i read in my book . for in this case , whatsoever a man tells me 〈◊〉 believe it not unless i see it written , non lego non credo , in these cases . in the twenty third of the queen , i was of councel with one in a cause where we tryed all means to reverse a judgment , and brought a writ of error in the parliament , and the writ was issuing out of the parliament , and upon the fieri facias was set domina regina , and it was under the great seal of england , and the writ was returned in parliament . so this is plain the writ is always returnable in parliament ; but if in parliament , then of the upper house , for of that house we are but a limb. this writ i have seen then thus returned , but never any man saw a writ returnable in the lower house ; so for this i hold the writ cannot be returnable into this house . but now for the authority we have , for though this be true , i say , yet i speak not to take any priviledge from this house ; for some things there are wherein we have authority all of us . but this is certain whatsoever we do sedente parliamento , it is the act of the whole court ; for the lords without the commons , and the commons without the lords , can do nothing : now then at the first before the division of the house , all writs were returned proximo parliamento ; but since the division of the house it hath been always used , and plainly it must be returned into chancery . and to say we cannot have notice of it , nor cannot judge upon the record being in chancery plainly , we may as well as we do upon the return of every burgess which is made into the chancery , and the cause is all one . and the chancery in making the writ will not alter from that their warrant made from this house , which must be according unto ancient form : for waiting the other day upon my lord keeper by your commandments for the making of this writ , i desired to have a recital added in these words , quòd cùm existente parliamento captus fuit , &c. with the recital of the cause of priviledge . my lord keeper conferring with the judges upon it , would not allow it , but thought better the usual form of habeas corpus should be kept without any suspicion of priviledge , until there appeared a cause of priviledge for the party . as for the book of h. . trewinnards case recited in my lord diers , i have heard great learned men say , that that cause is no good law , and that the house did more than was warrantable . now for the motion of conference with the judges , the case of thorpe h. . is not able for this point : i have the record . thorpe was speaker in that parliament , the parliament being summoned to be in june , it was prorogued until september ; in the mean time , thorpe was taken in execution by the duke of york ; he notwithstanding this thought to have had the priviledge of the parliament . at the next sessions , the matter being greatly considered , whether he could have a priviledge or no , a conference was had in the cause with the judges ; the judges being required in humble sort refused , except it were so that the house did command them ( for in the house of parliament the chief judges and their judgments are controulable by the court ) but if the house did command them , they would be willing to inform them what in their opinions they knew and thought . this they did in the great cause of thorpe , and i think we should do well in doing the like . now another thing is to be considered , for judicis officium est ut res it a temperari , &c. the consideration of time must accompany a judges office , the parliament draweth to an end , and this would be done with expedition ; so the party was appointed to have his councel the next morning in the parliament , and they to be heard and have the advice of the judges . vide the resolution and conclusion of this business upon thursday the th day of this instant april ensuing . thus far out of the aforesaid anonymous journal ; the residue of this days passages and part of the next are inserted out of the original journal-book it self . m r francis bacon one of the committees in this bill for relief of maimed souldiers and mariners ( appointed on monday the d day of this instant april foregoing ) shewed the meeting and travel of the said committees and sundry amendments thought good to be offered by them to this house ; and shewing the same amendments with the reasons of them to the house , the same amendments were well liked of by this house , and assented to be inserted into this said bill ; and after the twice reading of the said amendments , the said bill so being amended was upon the question ordered to be ingrossed . post meridiem . four bills of no great moment had each of them one reading ; of which the first being the bill for naturalizing of justin dormer and george sheppy born beyond the seas , had its first reading . on wednesday the fourth day of april , m r barker one of the committees in the bill concerning spinners and weavers ( who had been appointed on monday the th day of march foregoing ) shewed the meeting and travel of the committees and their amendments to the bill , praying the reading of the same amendments ; which being read and ordered by the house to be inserted into the bill , the same amendments were afterwards twice read , and the bill was upon the question ordered to be ingrossed . m r wroth , one of the committees in the bill concerning brewers , shewed the meeting and travel of the committees , and their amendments to the said bill , and prayeth the reading of the same amendments ; which being read , and ordered by the house to be inserted in the said bill , and also twice read afterwards , was upon the question ordered to be ingrossed . the bill for explanation of a branch of a statute made in the twenty third year of her majesties reign , intitled an act to retain the queens majesties subjects in their due obedience , with some amendments to the same , was read the second time . upon which divers speeches passed in the house before the said bill was committed , some of them being of very good moment . which because they are omitted in the original journal-book it self , are therefore supplied out of the often before recited anonymous journal in manner and form following . sir thomas cecill , doctor lewen , m r sands , sir thomas heneage , sir edward dimock and some others spake diversly to this bill touching the explanation of a branch of the statute made in anno regin . eliz. for reducing disloyal subjects to their due obedience , as is aforesaid . sir walter raleigh said , in my conceit the brownists are worthy to be rooted out of a commonwealth : but what danger may grow to our selves if this law pass , it were fit to be considered . for it is to be feared , that men not guilty , will be included in it . and that law is hard that taketh life and sendeth into banishment , where mens intentions shall be judged by a jury , and they shall be judges what another means . but that law that is against a fact , is but just ; and punish the fact as severeley as you will. if two or three thousand brownists meet at the sea , at whose charge shall they be transported , or whither will you send them ? i am forry for it , i am afraid there is near twenty thousand of them in england , and when they be gone , who shall maintain their wives and children . m r finch said , there be great faults in the preamble and in the body of this bill . it pretendeth a punishment only to the brownists and sectaries , but throughout the whole bill , not one thing that concerneth a brownist ; and if we make a law against barrowists and brownists , let us set down a note of them , who they are . but as the bill is , not to come to church , or to speak against the government established , this is not the opinion of the brownists . the law that is intituled an explanation , is nothing else , save that it hath a name of it . for laws explanatory are no new laws of themselves , but part of the old ; for there ought to be nothing in the declaratory law that was not in the former , as appeareth in the cause of surnand and stowell , the statute of hen. . being but an explanation of . h. . this law being allowed to be an explanation of . maketh all the offenders in that statute to be traytors . this law excepts no person ; so all are in the former penalties of that law : for of eliz. is only for such as are of the romish religion ; and now to make it include all the opinions , is to make additions to that but no explanations . the clause of speaking against the law is very dangerous ; for who can be safe from this ? non hospes ab hospite tutus . for if a man speak against non-residents , excommunication as it is used , or any other abuse in the church , he incurs the danger of the law. the clause against conventicles is very dangerous . for the conference of any persons together being of any number , the prayers of holy exercise , being not allowable in any place by the law , is an assembling against the laws : for the words be very strict , howsoever not contrary to the law , the offence is all one . now in the body of the law the words ecclesiastical are not such as be meant in primo of the queen , but such as are intended in this statute . and the annexing of the words , he must be an obstinate recusant , and also write and speak , &c. this is very suspicious , for obscuris vera is never good . whosoever repaireth not to his own parish church is a recusant within this law. vide apr. . die veneris sequent . thus far out of the aforesaid anonymous , journal ; the residue of this days passages and part of the next are transcribed out of the original journal-book it self . after which said speeches touching the bill of explanation of the branch of a statute made in the twenty third year of the queen for reducing of disloyal subjects to their due obedience , the said bill in the end was committed unto all the privy council , sir walter raleigh , sir henry unton , sir francis hastings , doctor jo. james , doctor lewen , m r doctor caesar , sir william moore , m r francis bacon , m r serjeant harris , m r wroth , sir thomas cecill , m r finch , m r skinner , m r mainard , m r george moore , sir henry cocke , m r fuller , mr. robert knowls , sir william knowls , sir edward dymock , sir edward stafford , mr. edward lewkenor , mr. henry brett , mr. periam , sir thomas dennies , sir robert sydney , mr. wroth , sir. william bowes , mr. atie , mr. helcroft , sir thomas west , sir matthew morgan , m r berkeley , mr. sands , mr. boucher , mr. john payton , sir richard molineux , mr. tasborough , mr. horsey , mr. attorney of the dutchy , mr. finch , mr. fuller , mr. amersam , sir george cary , and sir george s t poole , and the bill was delivered to mr. treasurer , who with the rest was appointed to meet in this house , to morrow at two of the clock in the afternoon . mr. serjeant owen and mr. attorney general do bring word from the lords , that their lordships do pray conference with some selected members of this house to be held this afternoon , touching the bill for the reviving , continuance , explanation and perfecting of certain statutes lately passed this house , and sent up to their lordships , and do shew that their lordships for that purpose have made choice of twenty of themselves whereupon the said mr. attorney and mr. serjeant owen being sequestred , and the message declared to the house by mr. speaker , it was required by the house , that forasmuch as the bill last read was then , and long before had been in dispute and argument , answer thereof might be returned unto their lordships , that this house prayeth that a committee of this house may rather wait upon their lordships in the afternoon ( for that the house is now occupied in speeches and arguments to a bill which came into this house from their lordships ) which being so signified to the said m r serjeant owen and m r attorney general accordingly , shortly after m r doctor carey and m r powle brought word from the lords , that their lordships would be ready this afternoon to confer with the committees of this house , in the chamber next to the upper house . which done , it was ordered that the former committees of this house , ( who had been nominated on monday the th day of march foregoing ) be appointed to attend their lordships at the said time and place , and a note of the committees names were delivered to m r treasurer . on thursday the th day of april , the bill for true assizing and marking of timber was read the second time , and committed unto m r george moore , m r dalton , m r wroth , m r browne , sir john hart and others , and the bill was delivered to the said sir john hart , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . m r serjeant owen and m r doctor powle do bring from the lords a bill intituled an act for explanation of the statute made in the thirty fourth year of king henry the eighth , as well touching grants made to his majesty , as for confirmation of the letters patents made by his highness to others , and do pray from their lordships the speedy execution of the same . m r vice-chamberlain , one of the committees with the committees of the lords in the bill for reviving , continuing , explanation and perfecting of certain statutes , sheweth the meeting and conference with the committees of the lords , and that their lordships have thought good to add some small amendments to the said bill ; and a proviso also for her majesties prerogative in the point of transportation of corn , as the like whereof was in the statute of o of her majesties reign . nota , that the business so much before agitated touching m r fitzherbert received this day the final resolution of the house , as is plainly set down in the often before-cited anonymous journal , although it be wholly omitted in the original journal-book it self , which said case was singly this . thomas fitzherberts being elected a burgess of the parliament , two hours after his election and before the return of the writ to the sheriff with the indenture of his election , the said sheriff arresteth him upon a capias utlagatum in an outlawry after judgment at the queens suit ( as may be collected out of the reasons given of their said resolution ) and then his indenture was returned to the sheriff . upon all which matters there grew two questions ; first , whether the said m r fitzherbert were a member of the house ; and secondly admitting he were , yet whether he ought to have priviledge . which said matters having been formerly much debated on thursday the first day , friday the second , saturday the th day , and on friday the th day of march last past , as also on tuesday the third day of this instant april foregoing , received now at last the judgment of the house , which is inserted out of the aforesaid anonymous journal in manner and form following . the judgment of the house was , that thomas fitzherbert was by his election a member thereof ; yet that he ought not to have priviledge in three respects . first , because he was taken in execution before the return of the indenture of his election ; secondly , because he had been outlawed at the queens suit , and was now taken in execution for her majesties debt ; thirdly and lastly , in regard that he was so taken by the sheriff , neither sedente parliamento , nor eundo nor redeundo . thus far out of the aforesaid anonymous journal ; the rest of this present journal that ensueth to the very end and dissolution thereof is wholly supplied out of the original journal-book it self . the bill concerning clapboards and casks ( which as it seemeth was read presently after the foresaid resolution of the house given in the said case of m r fitzherbert ) had the third reading and passed upon the question . m r attorney general and m r doctor carey do bring from the lords the bill for renewing , continuing , explanation and perfecting of certain statutes , lately passed this house with some amendments , and a proviso ; which bill was sent up to their lordships from this house . the bill for necessary relief of souldiers and mariners was read the third time , and passed upon the question . upon a motion made by francis neale esq , one of the burgesses for the borough of grantham in the county of lincoln , that he was upon sunday last in the afternoon arrested upon an execution by a serjeant called john lightburn , at the suit of one wessellen weblen a beer-brewer ; and shewing further , that he had satisfied the money due upon the said execution ; but yet nevertheless in regard of the preservation of the liberties and priviledges of this house thought it his duty to make this house acquainted with the matter , and so refer and leave it to their grave wisdoms . whereupon it was upon the question ordered , that the serjeant of this house should in the name of this house give warning unto the said weblen and lightborn to give their attendance upon this house to morrow , to answer their contempt accordingly . vide diem sequentem . on friday the th day of march , two bills of no great moment had each of them one reading ; of which the second being the bill for restraint of new building , converting of great houses into several tenements , and for restraint of inmates and inclosures in and near unto the city of london and westminster , was upon the second reading committed unto all the privy-council , the knights and burgesses of london , m r francis bacon and others ; and the bill was delivered to m r wroth , one of the said committees , who with the rest was appointed to meet this afternoon in the exchequer chamber . the bill concerning devonshire kerseys was read the third time and passed upon the question . the proviso in the bill for reviving , continuing , explanation and perfecting of certain statutes ( the amendments being first read and ordered afterwards to be inserted ) was three times read , and they were all passed upon the question accordingly . the proviso of the lords to explain the amendments of this house in the bill which passed their lordships and was sent down to this house for the restraining of popish recusants to some certain places of aboad , was three times read and passed upon the question . the bill to make void the spiritual livings of those that have forsaken the realm , and do cleave to the pope and his religion , was read the third time and passed upon the question . eight bills which lately passed this house , viz. the bill to give liberty to the lord harrowden to sell certain lands for the payment of his debts , the bill concerning spinners and weavers , the bill touching clap-boards and casks , the bill for relief of souldiers and mariners , the bill concerning devonshire kerseys , the bill for reviving and perfecting divers statutes , with a new proviso , the bill for restraining of popish recusants to some certain places of aboad , and the bill to make void the spiritual livings of those that have forsaken the realm , and do cleave to the pope and his religion , were sent up to the lords by m r treasurer and others . m r doctor carey and m r powle do bring from the lords a bill intituled an act for the avoiding of deceit used in making and selling of twice laid cordage , and for the better preserving of the navy of this realm ; and prayed from their lordships the speedy expediting of the same bill , for that this parliament draweth near unto an end . whereupon the same bill was twice read and committed unto sir walter raleigh , sir francis drake , m r lewkenor , m r wroth , m r finch and m r flower ; and the bill was delivered to sir francis drake , who were appointed to meet in the afternoon of this present day . the bill against persons outlawed and such as will not pay their debts was read the second and third time , and dashed upon the question . m r vice-chamberlain , one of the committees in the bill for explanation of a branch made in the twenty third year of her majesties reign intituled an act to retain the queens majesties subjects in their due obedience , with some addition to the same , shewed the meeting of the said committees yesterday , their long tarrying together , in the end their desisting without any determinable resolutions , occasioned by reason of many and sundry arguments and opinions , and afterwards somewhat intimating the unkindness of the lords in neglecting the said bill in this house ; adviseth , that a conference be prayed with their lordships for the better effecting of a convenient law to be provided for meeting with the disordered barrowists and brownists , without peril of intrapping honest and loyal subjects . which in the end after sundry speeches both with the motion and against it , it was presently upon the question assented unto , and ordered , that m r vice-chamberlain , accompanied with a convenient number of the members of this house , should presently repair to the lords to move the said conference accordingly . which so being done , the said m r vice-chamberlain shewed , that their lordships had willingly assented unto the said conference , and did appoint for that purpose the time to be at two of the clock this afternoon in the accustomed place . which done , it was ordered that the former committees ( who were appointed on wednesday the th day of this instant april foregoing ) should then and there attend their lordships . and the bill was delivered to m r vice-chamberlain . wesselen weblen beer-brewer and john lightburn serjeant at mace , being present at the bar , and charged by m r speaker very deeply and amply with their great contempt against the authority and jurisdiction of this most high court of parliament , in arresting of m r francis neale , one of the members of this honourable assembly , to the great prejudice and derogation of the antient and usual liberties and priviledges of this house ; they the said weblen and lightburn humbly submitted themselves , and pretended by ignorance to extenuate their faults . which done , and they being sequestred , after some speeches and debates touching the punishment of the said weblen and lightburn , some one way and some another ; it was in the end resolved upon the question , that they should be committed prisoners to the tower by order of this house , there to remain during the pleasure of this house . and then afterwards the said weblen and lightburn being brought in again to the bar , m r speaker remembring again unto them the hainousness of their offence , pronounced unto them the said judgment of this house ; and gave charge unto the serjeant of this house to deliver the said weblen and lightburn unto m r lieutenant of the tower according to the said order and judgment of this house against them . vide in principio diei praecedentis . on saturday the th day of april , the bill concerning coopers was upon the second reading committed unto m r serjeant harris , m r dalton , m r wroth and others , and the bill was delivered to sir john hart one of the same committees , who with the rest was appointed to meet at two of the clock this afternoon in the exchequer chamber . the bill for naturalizing of justin dormer and george sheppy , was upon the second reading ordered to be ingrossed . m r finch , one of the committees in the bill for the avoiding of deceit used in making and selling of twice laid cordage , and for the better preserving of the navy of this realm , shewed the meeting of the committees and some few amendments to the bill , praying the reading of the same amendments ; which being read and allowed by the house , the said amendments were twice read , and the bill and the said amendments also read the third time and passed upon the question accordingly . sir john hart , one of the committees in the bill for the true assizing and marking of timber ( appointed on thursday the th day of this instant april foregoing ) shewed the meeting of the committees , and their opinion of nothing fit to be done without much inconvenience in the said bill at all , and so delivereth in the said bill again to the house . the bill for the explanation of the statute made in the thirty fourth year of king henry the eighth , as well touching grants made to his majesty , as for confirmation of letters patents made by his highness to others , was upon the second reading committed unto all the privy-council , m r amersham , m r attorney of the dutchy , sir francis drake , sir walter raleigh and others ; and the bill was delivered to mr. chancellor of the exchequer , together with the committees names , who with the rest was appointed to meet at two of the clock this afternoon in the exchequer chamber . mr. tasborough moveth the reading of the amendments of the bill for the ease of jurors returned upon tryal , which amendments being twice read , the bill was upon the question ordered to be ingrossed . mr. vice-chamberlain , one of the committees in the bill for explanation of a branch of a statute made in the twenty third year of her majesties reign intituled an act to retain the queens majesties subjects in their due obedience , with some additions to the same ( who had been appointed on wednesday the th day of this instant april foregoing ) shewed the meeting with the lords in conference , and withal the very honourable and grateful acception and allowance of their lordships unto all the reasons of this house offered unto their lordships by the said committees of this house ; and so concluding shewed that such additions , substractions and alterations have been made , as by the good liking as well of the said committees of the lords . as by the more part of the said committees of this house was thought fit ; and so moved that the same additions , substractions and alterations might be read to the house for the further liking of this house in the same , at their pleasures . which being so read accordingly , it was after sundry contrary arguments ordered , that some of the former committees of this house should presently have further consideration thereof in the committee chamber of this house , which was thereupon so done accordingly . vide concerning this matter on wednesday the th day of this instant april foregoing . m r serjeant owen and m r doctor ford do bring from the lords the bill lately passed this house for m r anthony cooke , with a saving now added by their lordships ; and the bill also for the relief of souldiers and mariners , likewise lately passed this house , with some additions now also added to the same by their lordships . the saving in the bill for m r anthony cooke lately sent down to this house from the lords , was three times read , and so passed upon the question . the additions in the bill for the relief of souldiers and mariners lately sent down to this house by the lords were three times read , and upon the question passed , and were ordered to be inserted into the same bill . the bill concerning brewers and the brewing of beer and ale was read the third time , and passed upon the qestion . the bill for maintenance of cloth-making in the town of crambrook in the county of kent was read the second time , and ordered not to be committed . the bill for naturalizing of justin dormer and george sheppy had its third reading , and passed upon the question . the bill for explanation of a branch of a statute made the th of her majesties reign , intituled an act to retain the queens majesties subjects in their due obedience , with some additions to the same , was read the third time ; and all the additions and amendments of this house to the same bill being also three times read , the said bill with some additions and amendments passed upon the question . on monday the th day of april , wesselen weblen bear-brewer and john lightburn serjeant at mace prisoners at the bar , are after admonition given them by m r speaker discharged by the order of this house of their imprisonment , paying their fees. vide concerning this matter on thursday the th day and on friday the th day of this instant april immediately foregoing . m r chancellour of the exchequer , one of the committees in the bill for explanation of a statute made in the thirty fourth year of king hen. . as well touching grants made to his majesty , as for confirmation of letters patents made by his highness to others , shewed the meeting of the committees , and that they have considered of some small amendments ; and shewed further , that four several provisoes were offered to them touching the said bill , one by m r adams and one by m r ..... tipper , and one by m r daws ; and so offereth both the bill and the amendments , and the said former provisoes also , leaving all the same to the further consideration of this house . six bills which last passed this house ; of which the first was the bill for avoiding of deceit used in making and selling of twice laid cordage , and for the better preserving of the navy of this realm , and the second for mr. anthony cook , were sent up to the lords by sir robert cecil and others . upon sundry arguments touching the proviso offered by sir thomas shirley to the bill for explanation of the statute of hen. . &c. it was upon the question denied to be received , and the proviso for mr. stanhop was upon the question and division of the house denied to be received , with the difference of forty persons , viz. with the no one hundred twenty nine , and with the yea eighty nine . mr. serjeant owen and doctor carey do bring word from their lordships that their lordships do desire to know whether this house have any bills ready to send up unto them , shewing that their lordships are now at good leisure : and willed them to put this house in remembrance of the expediting of two bills which were sent from their lordships to this house , viz. the bill for explanation of the statute made in the thirty fourth year of king hen. . a bill touching grants made to his majesty , as also for confirmation of letters patents made by his highness to others ; and the bill for restraint of new buildings , &c. which message being opened to the house , answer was made that one of the said bills being presently in debate in the house , should by and by be returned unto their lordships . the bill for explanation of the statute made in the thirty fourth year of king hen. as well touching grants made to his majesty as for confirmation of letters patents made by his highness to others , was read the third time , and passed upon the question , and was presently sent up to the lords by mr. vice-chamberlain and others . mr. fuller , one of the committees in the bill for restraint of new buildings and converting of great houses into several tenements and restraint of inmates , and inclosures in and near the cities of london and westminster ( who had been appointed on friday the th day of this instant april foregoing ) shewed the meeting and travel of the committees and their opinions for leaving out of one clause in the bill , and gave the reasons ; which being liked of and allowed by the house , the bill was read the third time , and after many arguments both for the bill and against the bill , it passed upon the question . on tuesday the th day of april sir john hart , one of the committees in the bill concerning coopers ( appointed on saturday the th day of march foregoing ) brought in the bill again , as not dealt in by the committees for lack of convenient time . the bill for restraint of new building , converting of great houses into several tenements , and for restraint of inmates and inclosures in and near unto the cities of london and westminster , with one amendment to the same bill , was sent up to the lords by m r treasurer , sir john wolley and others , with a remembrance to move their lordships for sending down the bill for the grant of three intire subsidies and six fifteenths and tenths granted by the temporalty , to the end m r speaker may this afternoon present the same unto her majesty according to the former accustomed usage of this house . m r serjeant owen , m r attorney general and m r powle do bring from the lords an act intituled an act for the queens majesties most gracious general and free pardon . the bill intituled an act for the queens majesties most gracious general and free pardon was read , and then passed upon the question , and was presently sent up to the lords by mr. chancellor of the exchequer and others . post meridiem . this day in the afternoon the queens majesty came into the upper house of parliament , and there sitting in her royal throne , m r speaker accompanied with the knights , citizens and burgesses of the house of commons , repaired unto the said upper house , where making an excellent oration unto her highness , and giving unto her majesty most humble thanks on the behalf of this house for her highness most gracious and favourable acceptation of their dutiful service , and offering unto her majesty in their names the act for three intire subsidies and six fifteenths and tenths , her highness gave the royal assent to fourteen publick bills and thirteen private bills , and so dissolved this parliament . the journal of the house of lords . an exact and perfect journal of the house of lords in the parliament holden at westminster , anno reginae eliz. anno domini . which began there on monday the th day of october , and then and there continued until the dissolution thereof on thursday the th day of february anno . reginae ejusdem . this journal of the house of lords and all the rest that have since followed both the queens reign and in the reigns of king james and king charles her successors , unto this present year . have been more exactly and largely taken than before . for thomas smith esquire now succeeding unto anthony mason esquire , formerly clerk of the said house of lords , was much more careful in observing and setting down the dayly passages thereof this parliament than the said m r mason had been . in which , the said sir thomas smith's successors ( for he was afterwards knighted ) have much exceeded him also , by the large and diligent digesting of the particular agitations of every day upon which the said house did sit . only the return of the proxies ( as is presently more fully declared ) was more distinctly entred by the abovenamed m r anthony mason , than hath been since accustomed . at this parliament also there succeeded a new lord keeper : for sir john puckering deceasing in a. d. . the custody of the great seal was committed unto sir tho. egerton , then her majesties attorney general , who at this present and many years after supplied that place . neither finally doth this ensuing journal want either matter of rarity in respect of the lord la ware 's right setling in his former place , which had been for a while discontinued , or matter of very good precedent in respect of some questions that arose betwixt the two houses touching the manner and form of the lord keeper's delivering the answer of the lords to such members of the house of commons as should at any time be sent up unto their lordships with any message or bill . before the particular relation of each days passages in this present parliament be inserted out of the original journal-book of the upper house , the extraordinary and unusual proxies ( entred also at the beginning thereof ) which had been returned and delivered in unto the clerk of the said house during the continuance of the same , are here in the next place to be transcribed and set down all of them together , and cannot be so orderly digested , and referred to each day on which they were returned , as formerly they have been . for whereas before this parliament henry spilman and anthony mason esquires , who had been successively clerks of the said upper house , did usually enter the said proxies at the beginning of each journal , upon the days on which they were introducted or returned ; now thomas smith esquire succeeding the said anthony mason , did only generally enter them at the beginning of this present journal , as had been formerly accustomed , without any distinct setting down the several days on which they had been introducted & delivered unto him . which course having been also since followed unto this present year . the said proxies can be no more referred to their proper days , but must be once for all generally set down in this present journal and in divers others ensuing before the beginning of the said journal , in manner and form following . literae procuratoriae in hoc parliamento sunt allatae archiepiscopi eboracen ' matthaei , &c. qui procuratores suos constituit johannem archiepiscopum cantuarien ' , richardum episcopum london ' , tobiam episcopum dunelmen ' , & richardum episcopum cestren ' conjunctim & divisim . nota , that whereas there is an , &c. after the word matthaei in the proxy foregoing , it seemeth that these words are left out , viz. absentis ex licentia dominae reginae ; and so if nothing had been omitted , the said proxy , as may very probably be conjectured , should have been thus inserted , archiepiscopi eboracen ' matthaei absentis ex licentia dominae reginae , qui procuratores , &c. as is before set down . nota also , that these proxies are all entred in the genitive case , and must therefore be severally referred to those foregoing words , viz. literae procuratoriae in hoc parliamento sunt allatae tobiae episcopi dunelmen ' , qui procuratores suos constituit richardum episcopum london ' , johannem episcopum wintonien ' & herbertum episcopum hereforden ' conjunctim & divisim . johannis episcopi carliolen ' , qui procuratorem suum constituit johannem archiepiscopum cantuarien ' . willielmi episcopi asaphen ' , qui procuratores suos constituit johannem archiepiscopum cantuarien ' , richardum episcopum london ' , & johannem episcopum bathon ' & wellen ' , conjunctim & divisim . willielmi episcopi lincoln ' , qui procuratorem suum constituit johannem archiepiscopum cantuarien ' . herberti episcopi hereforden ' , qui suos procuratores constituit episcopos roffen ' , coventr ' & litchfield ' , & norwicen ' . antonii episcopi meneven ' , qui procuratores suos constituit episcopos wigorn ' , bathon ' & wellen ' , & norwicen ' . note that the bishops proxies are set before the proxies of the temporal lords , not because ( as i suppose ) they were all returned first , but because of their ecclesiastical dignity , and in respect that the archbishop of canterbury , one of their order , is the first peer of the realm . whence also their names are usually first set down in the journal-book , where the presence of the lords is noted each day when they sit , as long as the parliament continueth . there were also nine temporal lords which this parliament sent their proxies , but in respect that according to the common use , each of them constituted but one proctor apiece , they are omitted as not worthy the observation . only the last of them , being the lord willoughbies proxy of eresby , i thought good to have inserted , because some exotick titles are given him it it , viz. peregrini domini willoughby beake & eresby , qui suum procuratorem constituit edwardum dominum zouch . nota , that all the foregoing proxies , which were sent from the bishops , were extraordinary or unusual proxies , in which a spiritual lord did constitute but one proctor or more than two ; whereas usually the bishops do constitute two proctors apiece , and the temporal lords but one . and now the aforesaid proxies being thus inserted , the particular relation of some passages of each day during the continuance of this parliament are in the next place transcribed out of the original journal-book of the upper house , and some part also now at the very beginning out of a certain fragmentary and imperfect journal of the house of commons taken at this parliament by a member of the same . on monday the th day of october the parliament began , and her majesty with the greatest part of the nobility , and others , in great state and comely manner , came from her palace of whitehall towards westminster church about one of the clock in the afternoon , riding in a chariot open , all covered over head canopy-wise with cloth of tissue or cloth of silver . where after she had heard a sermon , she went on foot to the parliament house . the lords spiritual and temporal present this day in the upper house with her majesty are set down in the journal-book to be these . johannes archiepiscopus cantuarien ' . thomas egerton miles , dominus custos magni sigilli . dominus burleigh dominus thesaurarius angliae . marchio winton ' . comites . comes sussex , magnus marescallus . comes nottingham , magnus senescallus . comes northumbr ' . comes salop ' . comes kantiae . comes wigorn ' . comes cumberland . comes bedford . comes hartford . comes lincolniae . vice-comes bindon . episcopi . episcopus london ' . episcopus winton ' . episcopus roffen ' . episcopus covent ' . & litchf . episcopus gloucestren ' . episcopus peterburgen ' . episcopus hereford . episcopus wigorn ' . episcopus bathon ' . & wellen ' . episcopus meneven ' . episcopus norwicen ' . episcopus lincoln ' . episcopus landaven ' . episcopus cestren ' . episcopus cicestren ' . barones . dominus hunsdon camerar ' . dominus zouch . dominus berkley . dominus morley . dominus cobham . dominus stafford . dominus scroope . dominus dudley . dominus lumley . dominus darcy de menell . dominus sands . dominus windsor . dominus cromwell . dominus wharton . dominus rich. dominus willoughby de parham . dominus sheffield . dominus darcy de chiche . dominus north. dominus shandois . dominus s t john de bletso . dominus buckhurst . dominus compton . these lords spiritual and temporal being sat and her majesty placed in her chair of estate , the knights , citizens and burgesses of the house of commons upon notice thereof repaired thither ; and being ( as many as conveniently could ) let in , sir thomas egerton by her majesties commandment spake as followeth , viz. the queens most excellent majesty , my most gracious and dread soveraign , hath commanded me to declare unto you my lords , and others here present , the causes which have moved her highness to summon this high court of parliament at this time . which before i can express , i must confess truly , that the royal presence of her majesty , the view of your lordships and this honourable assembly , together with the consideration of the weightiness of the service and my own weakness , do much appal me , and cause me to fear . wherefore if either through fear i forget , or through the many wants and imperfections , which i have , i fail to perform that duty which is required , i do most humbly crave pardon of her majesty , and beseech your lordships to bear with me . the great and princely care which her highness now hath , as heretofore she hath ever had , to preserve her kingdoms in peace and safety from all foreign attempts , hath caused her at this present to assemble this honourable and great council of her realm , to advise of the best and most needful means whereby to continue this her peaceable happy government , and to withstand the malice of her weighty and implacable enemies , which hitherto by the space of many years , through her provident and princely wisdom hath been performed , to the great and inestimable benefit of her subjects , as that the simplest amongst them could not but see , and the wisest but admire their happiness therein , the whole realm enjoying peace in all security wherein our neighbour countries have been torn in pieces and tormented continually with cruel and bloody wars . this her majesty is pleased to ascribe to the mighty power and infinite mercy of the almighty . and therefore it shall well become us all of all sorts most thankfully upon the knees of our hearts to acknowledge no less unto his holy name , who of his infinite goodness still preserves her highness and send her many years over us all in happiness to reign . in this her blessed government her highness chief care and regard above all hath been of the honour and service of almighty god , that true religion might be planted and maintained in the hearts of her people through all the parts of her realms ; and as well in that behalf , as for the peace and benefits of her subjects she hath from time to time established many good laws to meet with the disorders and to punish the offences of wicked and ungodly men , that continuing in their bad ways they might not be hardned and go forward in their wickedness . for , mora in peccato dat incrementum sceleri . and whereas the number of laws already made is very great , some of them being obsolete and worn out of use , others idle and vain , serving to no purpose ; some again over-heavy and too severe for the offence , others too loose and slack for the faults they are to punish ; and many so full of difficulty to be understood , that they cause many controversies and much trouble to arise amongst the subjects . you are to enter into a due consideration of the laws , and where you find superfluity , to prune and cut off , where defect , to supply , and where ambiguity , to explain , that they be not burthensome but profitable to the common-wealth . which being a service of importance and very needful to be required ; yet as nothing is to be regarded if due mean be not had to withstand the malice and the force of those professed enemies which seek the destruction of the whole state , this before and above all is to be thought of , and with most endeavour and care to be provided for . for in vain are laws made , and to little purpose will they serve , be they never so good , if such prevail as go about to make a conquest of the kingdom . wars heretofore were wont to be made either of ambition to enlarge dominions , or of revenge to quit injuries : but this against us is not so ; in this the holy religion of god is sought to be rooted out , the whole realm to be subdued , and the precious life of her excellent majesty to be taken away . which hitherto , by the powerful hand and great goodness of the almighty , hath been preserved , mauger the devil , the pope and the spanish tyrant , and all the mischievous designs of all her enemies . wherefore it is high time that this be looked unto , and that no way be left unsought , nor means unused , which may serve for defence thereof . her majesty hath not spared to disburse a mass of treasure , and to sell her land for maintenance of her armies by sea and land , whereby with such small helps as from her subjects have been yielded , she hath defended and kept safe her dominions from all such forcible attempts as have been made . which being still to be performed by infinite charge , her majesty doth notwithstanding hear of nothing more unwillingly than of aids and subsidies to be returned from her people , though what she doth receive , she doth carefully bestow and infinitely more of her own . the taxations at this day , howsoever they seem , are nothing so great as heretofore in the reign of former kings they have been . in the time of edward the third , the two next before him and those three which succeded after him , the payments of the commons did far exceed any that have been since her majesties reign , which is of record in histories to be seen : but never cause so great to imploy great sums of money as now . now therefore you are to consider how to provide needful and convenient aid in some measure to maintain and support her majesties exceeding charge , which at this present she is at , and is to continue for the defence of the realm . he cannot be well advised , who in this case will not be forward to contribute and bestow whatsoever he hath . for if with the common-wealth it go not well , well it cannot be with any private or particular person , that being in danger . he that would seek to lay up treasure , and so inrich himself , should be like to him that would busy himself to beautify his house when the city where he dwelleth , were on fire ; or to deck up his cabbin when the ship wherein he saileth , were ready to drown , so as perish he must of necessity either with it or for it . to spare in that case is to spare for those which seek to devour all ; and to give , is to give to our selves , her majesties part only being carefully to bestow what is delivered into her hands . wherein men performing their duties , there is no cause at all to fear ; for this war is just , it is in defence of the religion of god , of our most gracious soveraign , and of our natural country , of our wives , our children , our liberties , lands , lives , and whatsoever we have . wherefore not mistrusting your forwardness , that i may not offend in too much enlarging of this point as a poor remembrance of her majesty , i shortly say to your lordships , quod justum est , necessarium est ; nothing can be more just than this war ; nothing ought to seem more necessary than carefully to provide due maintenance for the same . and to you of the house of commons , to the end you may orderly proceed and wisely consult of these weighty causes delivered unto you , her majesties pleasure is , you should according to your accustomed manner , go down to the lower house , and there make choice of some grave , wise , and learned man among you to be your speaker , who shall be for an understanding sufficient , and for discretion fit , as your mouth to signify your minds , and to make your petitions known to her highness , and him on thursday next to present in this place . nota , that this foregoing speech of the lord keeper is not found in the original journal-book , of the upper house , but is supplied by me out of a copy thereof lying by me , which i conceive to have been very truely transcribed out of the original ; and i have always conceived it most proper to refer this and such like other speeches ( if warranted by any good authority ) to the journal of the said upper house , because they are delivered in it , and only for order sake to have some short memorial thereof in the journal of the house of commons . as soon as the lord keeper had ended his speech , and the knights , citizens and burgesses were departed down to their own house , the clerk of the upper house read the names of the receivers and triers of petitions in french , which were as followeth , viz. receivers of petitions for england , ireland , france and scotland . sir john popham lord chief justice , john clinch one of the justices of the kings bench , francis gaudy one of the justices of the said bench , dr. carew and dr. stanhop . receivers of petitions for gascoigne and other lands and countries beyond the seas , and the isles . sir edmund anderson knight lord chief justice of the common pleas , sir willam perriam knight lord chief baron , thomas walmesley one of the justices of the said common pleas , dr. lewen and dr. cousins ; and they who will deliver petitions , to deliver them within six days . tryers of petitions for england , ireland , wales and scotland . the arch-bishop of canterbury , the marquess of winchester , the earl of sussex great marshal , the earl of nottingham lord steward of the queens household and lord admiral of england , the bishop of london , the bishop of winchester , the lord cobham and the lord north. all these lords and prelats or any four of them calling unto them the keeper of the great seal and the lord treasurer , and also the queens serjeants , shall hold their place , when their leisure serveth , in the chamberlains chamber . tryers of petitions for gascoigne and other lands and countries beyond the seas , and the isles . the earl of oxford great chamberlain of england , the earl of shrewsbury , the earl of huntington , the bishop of rochester , the bishop of worcester , the lord hunsdon lord chamberlain to the queen , the lord lumley and the lord buckhurst . all these lords and prelats or any four of them , calling unto them the queens serjeants , and also the queens attorney and sollicitor , when their leisure serveth , shall hold their place in the treasurers chamber . the lord burgh absent , being at this time lord deputy of ireland . the lord de la ware absent , because he made question of his place , intending to make suit to the parliament concerning the same . dicto o die octobris , viz. primo die hujus parliamenti , introductum est breve quo archiepiscopus eboracen ' praesenti parliamento interesse summonebatur , & admissas est ad suum praeheminentiae sedendi in parliamento locum , salvo jure alieno . 〈◊〉 brevia introduct . sunt . comitibus , . episcopis , & . baronibus . dominus custos magni sigilli ex mandato dominae reginae continuavit praesens parliamentum usque in diem jovis proximum futurum , viz. diem octobris . on thursday the th day of october the queens majesty repaired in the-afternoon to the upper house of parliament , accompanied with divers lords spiritual and temporal , who attended her majesty this said day in the house , being for the most part the same that are mentioned to have been present there on monday the th day of this instant october foregoing . of which the knights , citizens and burgesses of the house of commons having notice , m r serjeant yelverton being chosen prolocutor or speaker of the said house , was by them brought into the upper house , and by the hands of sir william knolles controller of her majesties houshold , and sir john fortescue chancellor of the exchequer presented . who by a speech full of gravity and modesty signifying the accomplishment of the duty of the house of commons in making an election , but excusing himself by pretence of many disabilities and imperfections , and wishing earnestly he were of sufficiency to perform the duty of that place , made humble suit to her majesty that he might be discharged , and that the said house of commons might proceed to a new election . which excuse was not allowed by her majesty ( as the lord keeper delivered by answer ) but the choice of the said m r yelverton was by her majesty very well approved and his sufficiency much commended . he then proceeded in another speech ( according to the manner ) to undertake that charge and to present to her majesty in the behalf of the said house of commons certain humble petitions , for access unto her majesty in the behalf of the said house upon needful occasions , and for the using and enjoying such liberties and priviledges as in former times had been granted and allowed by her majesties progenitors and her self . whereunto her majesty ( making answer by the mouth of the lord keeper ) did yield her gracious assent , with admonition that the said liberties and priviledges should be discreetly and wisely used , as was meet . dominus custos magni sigilli ex mandato dominae reginae continuavit praesens parliamentum usque in diem quintum mensis octobris . on saturday the th day of november , the bill for the speedy satisfaction of her majesty against accomptants was read primâ vice . introductum est breve thomae domini gray de wilton , quo praesenti parliamento interesse summonebatur , & admissus est ad suum praeheminentiae sedendi in parliamento locum , salvo jure alieno . the earl of lincoln's excuse by reason of sickness presented by the lord treasurer . thomas lord de la ware having petitioned the queens majesty for his ancient and right place of precedence in and amongst the peers in parliament , and her majesty well allowing his said petition , by her commandment and direction it was sent unto the lords , into the upper house , by sir robert cecill then her majesties secretary , and endorsed on the back side thus in his own hand , her majesty hath commanded me to signifie unto your lordships , that upon the humble suit of the lord de la ware she is pleased this petition be considered and determined in the house . robert cecill . which petition being this th day of november sent unto the house , was there read as followeth . to the queens most excellent majesty . beseecheth your most excellent majesty your most humble subject thomas le ware k r : that whereas thomas sometimes lord le ware , ancestor and great grandfather of your said subject , whose heir male he is , that is to say , your subject is son and heir to william , who was son and heir to george , who was brother and heir to thomas , who was son and heir to the said thomas your subject's great grandfather in the third year of the reign of king henry the eighth your noble father , by writ of summons of parliament of the said king henry the eighth , came to the parliament then holden at westminster in the said third year , and so continually the said thomas the great grandfather and his heirs males ancestors of your suppliant in many other parliaments holden as well in the time of the said king henry the eighth , as in the time of your noble brother king edward the sixth , and in the time of your dear sister queen mary , have come in their proper persons by their writs and commandment , until the parliament holden at westminster in the first and second years of king philip and queen mary , which was after the death of the said thomas your suppliants great grandfather , and of thomas his son , that had not any issue of his body , and of the said george who died in the life of his brother thomas , the said william father of your suppliant being the son and heir of the said george , and heir male to his said great grandfather ; to which parliament he was not summoned , for that he stood by act of parliament holden before at westminster in the third year of the said edward the sixth , disabled to claim and enjoy the dignity of the seigniory of the lord la ware during his life ; and the said william being now dead , your said suppliant is come to this present parliament in his proper person by your writ and commandment ; may it please your most gracious majesty to consider the premisles , and thereupon to grant and ordain by advice of your most wise council in this present parliament assembled , that your said suppliant may have his place in this present parliament in your presence as his ancestors lords la ware have had in the said parliament before this time . this petition being read , it was referr'd to these committees following viz. the lord treasurer , the earl of nottingham lord admiral , the earl of shrewsbury , the lord bishop of london , the lord bishop of winton , the lord zouch , the lord stafford , the lord windsor , the lord shefsield , the lord north , the lord s t john of bletso , the lord buckhurst , sir edmund anderson knight lord chief justice of the common-pleas , sir william perriam lord chief baron , and edward coke the queens attorney , who were appointed to meet at the council-chamber in whitehall on sunday the th day of november at two of the clock in the afternoon . where what they did and what judgment the lords and the whole house gave in this case , followeth afterwards on thursday the th of this instant november , and on monday the th day of the same . on monday the th day of november , to which day the parliament had been last continued , the bill for the speedy satisfaction of her majesty against accomptants was read secundâ vice , and committed unto the lord archbishop of canterbury , the lord treasurer , the lord admiral , the earl of northumberland , the earl of shrewsbury , and the earl of worcester , the bishop of london , the bishop of winchester , and the bishop of norwich , the lord zouch , the lord north , and the lord buckhurst , the lord chief justice of england , m r baron evans and m r attorney general , to attend the lords appointed to meet at the little council-chamber at whitehall to morrow being the th day of november , at four of the clock in the afternoon . see more of this on monday the th of november following . nota , that here upon the commitment of an ordinary bill the judges are said to be appointed to attend the committee of the lords , and are not nominated as joint-committees with them , which is usually to be seen in every former parliament almost of her majesties reign ; and therefore it should seem that either the lords of the upper house themselves did alter and abolish the said ancient priviledges which the judges had of being constituted joint-committees with them , in respect that they were no members of , but only assistants unto the said upper house ; or else that thomas smith esquire now clerk of , the said house was more careful and diligent in the distinct and exact setting down , that the said judges were not nominated as joint-committees , but only to attend such lords committees as were appointed by the said house , which anthony mason esquire his predecessor in the said place had for the most part neglected to distinguish . and yet the said m r mason may in some sort be justly excused of any universal or continual carelessness in this kind , in respect that where the lords committees were appointed either to treat with the committees of the house of commons , or by themselves about any matter of weight , there the judges and her majesties learned councel are always set down as appointed to attend the said lords committees : but when an ordinary bill only was committed upon the second reading , and especially if it concerned matter of law , there the judges for the most part , and sometimes also the queens learned councel , were nominated as joint-committees with them . but whatsoever the usage hath been in former times , most certain it is , that not only in this present parliament , but in all that have been since unto this present year . the said judges being assistants unto , and the king 's learned councel being attendants upon the said upper house , have never been nominated as joint-committees with their lordships , but have always been appointed to attend them . and which may make it seem the more strange : whereas the judges have liberty in the said upper house it self , upon leave given them by the lord keeper , or the lord chancellor for the time being , to cover their heads , at a committee they are now always accustomed to sit bare and uncovered ; which said course finally was constantly observed during all the continuance of this present parliament , as may appear not only by the instance foregoing , but by those many other committees which followed on thursday the th day of this instant november , on thursday the th day of december , on wednesday the th day of january , on saturday the th day of february , and all other the days ( which were very many ) in which any committees were nominated . on thursday the th day of november , to which day the parliament had been last continued , the bill for the taking away clergy from offenders against a statute made in the third year of the reign of king henry the seventh , against the taking away of women against their wills unlawfully , was sent up to the lords from the house of commons , and thereupon read primâ vice . the lord treasurer made report to the house what had been done by the committees upon the petition of the lord la ware , and how it was resolved by them upon hearing and debating of the matter , with certain learned counsellors in the law brought before the committees of the said lords , that the place which he claimed in the order and rank of the barons , was due unto him , viz. next after the lord willoughby of eresby . which report being made to the house , and the voices of all the lords being demanded , the opinion of the committees was allowed by the consent of all ( the lord windsor only excepted ) and the lord keeper was required to acquaint her majesty with the determination of the same house , and to know her pleasure concerning the same . vide concerning this business of the lord la ware on saturday the th day of this instant november foregoing , and on monday the th day of the same november ensuing . the lord treasurer made a motion to the house , that for as much as the journal-books kept heretofore by the clerks of the parliament , seemed to have some error in them in misplacing the lords , so as it was doubted how the same might be of true record , that it would please the lords to take order , that the said books that from thenceforth should be kept by the clerk of the parliament , may be viewed and perused every parliament by certain lords of the house to be appointed for that purpose , and the list of the lords in their order to be subscribed by them , taking unto them for their better information the king at arms. and that this order might begin this present parliament . on saturday the th day of november , to which day the parliament had been last continued , the bill for the taking away of clergy from offenders against a statute made anno hen. . concerning the taking away of women against their wills unlawfully , was read secunda vice and committed . nota , that because the committees during all this parliament were only peers and members of the house , and that the judges with her majesties learned councel , ( as see more on monday the th of this instant november foregoing ) were always appointed to attend upon them , and never nominated as joint committees with them , therefore the names of them are for the most part omitted as not worth the inserting or observation . on monday the th day of novemb. ( to which day the parliament had been last continued on saturday foregoing ) the bill for the better explanation and execution of the act made in the th year of the queens majesties raign concerning tellors , receivors , &c. was read primâ vice . this bill was brought into the house instead of the former bill concerning her majesties speedy satisfaction against accountants , &c. which was on the th day of november foregoing read secunda vice and referred to committees ; by whom the said bill having been thought upon the debating thereof too full of doubts and difficulties , order was given by them to her majesties attorney general to draw a new bill , viz. the bill aforesaid ; which bill was presented by the lord arch-bishop of canterbury , first of the said committees , in the behalf of the said committees . a proviso was thought fit to be added to the bill concerning the taking away of women unlawfully , and was also twice read . the earl of shrewsbury excuseth the lord marquess his absence for want of health . the lord treasurer moved the house , that such lords as were absent from the parliament and had not sent their proxies , and such others as had made their appearance in the beginning of the parliament and have sithence neglected their attendance , may be admonished to reform the same . on this said th day of november . upon the petition of the said lord la ware , exhibited unto her majesty concerning his place in the order of the barons of parliament , and with her majesties commandment and direction presented unto the lords spiritual and temporal in this present parliament the th day of this present month of november , and referr'd the same day ( upon the reading ) unto the committees , as is before recorded in the session of the same day ; the said committees having at the time and place appointed assembled themselves , and advisedly considered of the said petition and of all arguments that were brought and alledged both for the petition and against it , did resolve and determine that in their opinions the said petition of the lord la ware was just ; and that the place which he sought was due unto him , viz. to have his place betwixt the lord willoughby of eresby and the lord berkeley , being the same place which his great grandfather held heretofore , as appeareth by record . of which resolution and determination report having been made by the lord burleigh lord treasurer , the first of the committees , the th day of this instant november foregoing in the session of the same day ( as before is recorded ) and the same being allowed and approved by the consent of the lords temporal and spiritual then present in the house , it was thought meet and ordered that her majesty should be made acquainted by the lord keeper with the opinion and resolution of the house . which having been performed by his lordship and her majesty having allowed of the proceedings of the house and of the determination of the question touching the place of the lord de la ware ( as hath been declared unto the house by the lord keeper ; ) it was and is agreed and ordered by her majesty and the lords spiritual and temporal , that the lord de la ware should be brought into the house and placed in the room and order before-mentioned , to have his place and voice betwixt the lord willoughby and lord berkeley . which was accordingly done on this said th day of november , the said lord de la ware being brought in his parliament robes unto the place aforesaid by the lord zouch ( supplying the place of the lord willoughby ) and by the said lord berkeley in their robes , garter the king of arms attending them , and doing his service according to his office. on tuesday the th day of november , two bills had each of them one reading ; of which the first being the bill for taking away of clergy from offenders against a certain statute made anno hen. . concerning the taking away of women against their wills unlawfully , together with the proviso annext unto it by the consent of the house , was read tertiâ vice , and afterwards sent down to the house of commons , that the proviso there might be considered of . and so the parliament continued till saturday the th day of november at nine of the clock . on which day the bill touching the school of sevenoake was read primâ vice . report was made to the house by the lord treasurer what had been done by the committees upon the bill concerning tellors and receivors ( which said bill had been yesterday committed upon the second reading , although the mention of the said reading and commitment be purposely omitted ) and the same committees appointed to meet again at the former place to morrow at four of the clock in the afternoon to make perfect the said bill to be presented again to the house . the absence of the lord marquess and the earl of huntingdon were severally excused for want of health by two of the temporal lords , and the like excuse was delivered by the bishop of norwich for the bishop of chichester's absence . report was made by the lord keeper that the earl of essex received not his writ of summons until yesterday the th day of this month ( through the negligence of the messenger unto whom the same was delivered ) and now his lordship wanting health to give his attendance , desireth to be excused of his absence , the earl of worcester and the earl of southampton testifying his sickness . introductum est breve radulphi domini evers , quo praesenti parliamento interesse summonebatur , & admissus est ad suum praeheminentiae sedendi in parliamento locum , salvo jure alieno . on monday the th day of november , to which day the parliament had been last continued on saturday foregoing , two bills of no great moment had each of them one reading ; of which the first being the bill concerning the confirmation and establishment of the deprivation of divers bishops in the beginning of her majesties reign was read primâ vice . several writs of summons of the earl of huntingdon and rutland were brought in . relation was made by the lord treasurer upon the bill concerning tellors and receivors , &c. of the doubts and questions that had been moved and debated among the committees touching certain provisoes and causes thought on for the amendment of the said bill ; and the said committees appointed by the house to meet again for further conference to morrow at the little chamber near the chamber of parliament presence . vide concerning this bill on saturday the th day of this instant november foregoing . on tuesday the th day of november , two bills of no great moment had each of them one reading ; of which the first being the bill for the establishment of the new colledge of the poor of cobham in the county of kent , was read primâ vice . three bills also of no great moment were each of them sent up to the lords from the house of commons ; of which the first was an act formerly sent to them ; with a proviso from this house thereunto added , concerning taking away of clergy from offenders that take away women against their wills unlawfully . the committees upon the bill of tellors , receivors , &c. meeting at the little chamber near the chamber of the parliament presence , and conferring on the bill and the provisoes that were thought on and came in question among them by reason of sundry doubts that were moved , did refer the bill to her majesties attorney general to be reviewed . vide more of this on saturday the th day , and on monday the th day of this instant november foregoing . on thursday the th day of november , to which day the parliament had been last continued on monday foregoing , five bills had each of them one reading ; of which the third being the bill for the better explanation and confirmation of the act made in the thirteenth year of her majesties reign , was read primâ vice . this bill was reviewed by m r attorney by the appointment of the committees ( on tuesday the th day of this instant november foregoing ) who then referr'd it unto him , and was now brought in instead of the former bill , touching which see before on saturday the th day , and on monday the th day of november aforesaid . and the fifth being the bill for the repeal of a statute made in the twenty third year of her majesties reign , intituled an act for the encrease of mariners and maintenance of navigation , was read tertiâ vice and committed unto the earl of nottingham lord admiral , the earl of worcester , the earl of southampton , the bishop of london , the bishop of winchester , the bishop of norwich , the lord hunsdon lord chamberlain , the lord cobham , the lord mountjoy ; and m r justice walmesley , m r serjeant drew and m r attorney were appointed to attend the lords . vide november th antea . on saturday the th day of november , to which day the parliament had been last continued on thursday foregoing , three bills had each of them one reading ; of which the last being the bill for the better explanation and execution of the act made in the thirteenth year of the queens majesties reign touching tellors and receivors , was read the third time and commanded to be : ingrossed . a serjeant at arms was appointed to be sent for william wood and one stephenson a serjeant in london , who arrested edward barston the lord chandois servant contrary to the priviledge of this house . the bill for the repeal of a statute made in the twenty third year of her majesties reign , intituled an act for the encrease of mariners and maintenance of navigation , was brought into the house by the committees ( whose names see before on thursday the th day of this instant november foregoing ) with an amendment thought sit to be put into the bill ; and the amendment being thrice read , the bill was appointed to be fixed in a schedule to the bill . on monday the th day of november , to which day the parliament had been last continued on saturday foregoing , the bill for the better explanation and execution of the act made in the thirteenth year of the queens majesties reign concerning tellors and receivors , was read tertiâ vice , and sent to the house of commons by m r attorney general and d r stanhop . the bill that was sent from the house of commons with this title , viz. an act for the repeal of a statute made in the twenty third year of her majesties reign , entituled an act for the encrease of mariners and maintenance of navigation , was after the third reading returned again to the said house for their consideration and allowance as well of another title thought more fit by the committees to be given thereunto , viz. an act for encrease of mariners and for maintenance of the navigation , repealing a former act made in the twenty third year of her majesties reign bearing the same title , as also of some amendments in the body of the bill added by the committees ( whose names see on thursday the th day of this instant november foregoing ) by m r attorney general and d r carew . the bill touching the school of seavenoake was brought in by the committees ( who were appointed to meet on monday the th day of this instant november foregoing , although their names and the commitment of the said bill upon the second reading be there purposely omitted as matter of small consequence ) without alteration , and commanded to be ingrossed . on thursday the first day of december , to which day the parliament had been last continued on saturday foregoing , the bill concerning the school of seavenoake was read tertiâ vice , and sent to the house of commons by m r serjeant drew and m r d r stanhop . the bill for the establishing the town lands of wanting , &c. was brought in by the committees ( who were appointed on saturday the th day of this instant november foregoing , although their names and the commitment of the said bill upon the second reading be there purposely omitted as matter of small consequence ) with a proviso by them thought fit to be added thereunto , which proviso was twice read . the parties that arrested the lord chandois servant , edward barston , viz. william wood and one stephenson a serjeant with two others , were brought into the house by the serjeant at arms , and upon some notice taken of the matter , m r justice owen and m r serjeant drew were appointed to examine the same , and to make report thereof to the lords . vide concerning this matter on saturday the th day of this instant november foregoing . the lord hunsdon lord chamberlain took his place this day as baron of hunsdon betwixt the lord chandois and the lord s r john of bletso . on saturday the third day of december , to which day the parliament had been last continued on thursday foregoing , the bill for the establishing of the town lands of wanting in the county of berks , was read tertiâ vice , and sent to the house of commons by m r serjeant drew and m r attorney , for their consideration of a proviso thought fit to be added by the committees . five bills were sent up to the lords from the house of commons ; of which the first was the bill for the encrease of mariners and for maintenance of the navigation , repealing a former act made in the twenty third year of her majesties reign bearing the same title , which said bill was sent from the lords to the house of commons for their consideration and allowance of the title and some amendments in the body of the bill . a second being the bill for erecting of hospitals or abiding and working houses for the poor , was read primâ vice . two bills also of no great moment had each of them one reading ; of which the first being the bill for the better and safer recording of fines to be levied in the court of common pleas was read primâ vice . upon the report of m r justice owen and m r serjeant drew , unto whom the examination of the matter was committed concerning the arresting of edward barston servant to the lord chandois by one stephenson a serjeant of london , at the suit of one william wood , these two being found and judged to have willfully offended therein against the priviledge of the house , were committed and sent to the prison of the fleet , there to be kept close prisoners until further direction should be given by the lords of parliament . and whereas the two others were this day brought into the house before the lords and supposed to be partakers of the same offence , they upon examination being found not to have wilfully committed any fault therein were dismissed , and order given accordingly by the lords for their discharge in that behalf ; and also for the discharge of edward barston out of the prison of the counter . vide concerning this matter on saturday the th day of november foregoing , and on thursday the first day of this instant december last past , as also on monday the th day of this said december following , as also on wednesday the th day of the same month. on monday the th day of december , to which day the parliament had been last continued on saturday foregoing , six bills of no great moment were brought up to the lords from the house of commons ; of which the first was the bill for erecting houses of correction , and punishment of rogues and sturdy beggars ; and the second being the bill to restrain brewers to keep two coopers and no more , was read primâ vice . the bill for the confirmation of the jointure of christian lady sands , was read primâ vice . four other bills also of no great moment were read secundâ vice , and thereupon committed . the absence of the earl of essex lord viscount bindon earl of cumberland lord scroope lord willoughby of eresby bishop of rochester excused by the lord rich. lord chandois . lord wharton . lord zouch . bishop of bath and wells . this day order was given for the release of stephenson the serjeant that arrested the lord chandois his servant . vide concerning this matter on saturday the th day of november last past , as also on thursday the . day and on saturday the . day of this instant december foregoing . on tuesday the th day of december , two bills of no great moment had each of them one reading ; of which the first being the bill for erecting of houses of correction for punishment of rogues , vagabonds and sturdy beggars was read secunda vice . the committees in the bill entituled an act for the better and safe recording of fines to be levyed in the court of common pleas ( who were appointed yesterday , although their names and the commitment of the said bill upon the second reading be there purposely omitted as a matter of small consequence ) returned the same to the house with some amendments , which amendments were twice read and the bill commanded to be ingrossed . on wednesday the th day of december , seven bills of no great moment had each of them one reading ; of which the first being the bill for confirmation of the jointure of christian lady sandes , was read secunda vice , and commanded to be ingrossed ; and the second being the bill for the better and safer recording of fines to be levied in the court of common-pleas was read tertiâ vice , and sent down to the house of commons by m r attorney and d r stanhop . hodie retornatum fuit breve thomae domini howard de walden . on thursday the th day of december , two bills of no great moment had each of them one reading ; of which the first being the bill for the enabling of edmund mollineux esquire , to sell lands for the payment of his debts and legacies , was read prima vice ; and the second being the bill for confirmation of the jointure of christian lady sandes , was read tertiâ vice , and sent to the house of commons by m r attorney and m r , d r carew . the bill for the relief of the poor in times of extream dearth of corn was read secunda vice , and referr'd to these committees following , viz. the lord archbishop of canterbury , the lord burleigh lord treasurer , the earl of nottingham lord admiral of england , the earl of northumberland , the earl of shrewsbury , the earl of worcester , the earl of southampton , the bishop of winchester , the bishop of coventry and litchfield , the bishop of hereford , the bishop of bath and wells , the bishop of norwich , the bishop of chester , the lord hunsdon lord chamberlain , the lord zouch , the lord de la ware , the lord cobham , the lord mountjoy , the lord darcy , the lord windsor , the lord north , the lord chandois , the lord s t john , the lord buckhurst ; the two chief justices , the lord chief baron , m r justice gaudy , m r serjeant drew and m r attorney general , to attend the lords . ( vide plus antea november th monday . ) these committees to meet at the little council chamber at the court of whitehall , on saturday next being the th day of this instant december , at two of the clock in the afternoon . the bill for erecting of houses of correction and for punishment of rogues , vagabonds , and sturdy beggars , was read secunda vice , and referr'd to the committees for the former bill , and the same time and place appointed for meeting ; and also authority was given to the said committees to call such of the house of commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the bill . three bills also of no great moment had each of them one reading ; of which the last being the bill for arthur hatch her majesties ward for the enjoying the rectory or parsonage of south molton according to an agreement thereof had , &c. was read secundâ vice . upon which reading it was ordered , that all parties whom this bill may concern , either on the part of m r hatch or against him , shall be heard openly in the house upon monday next the th day of this instant december by their councel learned , and all specialties concerning the same to be then produced , to the end it may be considered whether it shall be convenient to pass this bill or no ; m r serjeant drew and m r attorney being appointed by the lords to inform themselves against that time whether any thing be contained in the bill that may prejudice the poor knights of windsor , and to make report thereof accordingly on the part of the said poor knights . vide december th postea . the bill lastly for the establishing of the possession of sir henry unton knight lately deceased , and for payment of his debts , was read secunda vice . a motion was made by some of the lords and approved by the house , that there should be respite of some days taken before the third reading for any such party or parties as the bill concerneth , and namely any of the wentworths to come to the house , and alledge if they find cause why the bill should not proceed . and the next tuesday was assigned for this purpose . 〈◊〉 〈◊〉 the knight marshal's man that arrested john york the lord archbishops servant , was brought before the lords this day by the serjeant at armes ; and being found upon his examination before the lords to have wilfully offended therein against the priviledge of the house , was committed to the prison of the fleet , there to remain till their lordships should give direction for his enlargement . vide concerning this matter on wednesday the th day of this instant december following . on friday the th day of december , four bills of no great moment had each of them one reading ; of which the first being the bill for establishing of the hospital of queen elizabeth in bristol , and for relief of the orphans and poor there , was read secundâ vice ; upon the reading whereof some amendments were thought sit by the house to be added , which were presently drawn and agreed upon by the same house , which being twice read , the bill with the said amendments were ordered to be ingrossed . seven bills were brought up to the lords from the house of commons ; of which the first being the bill that the lord mountjoy may dispose of his lands whereof he is tenant in tail by the laws and statutes of this realm , as other tenants in tail may do , a private statute made hen. . to the contrary notwithstanding , was ( with three other of the said bills being of no great moment ) read primâ vice . the fifth was the bill for repairing the bridges of newport and carlioll in the county of monmouth . the sixth was for the establishing the town lands of wanting in the county of berks , which bill was returned with allowance of the proviso so added by their lordships after the same was presented by the house of commons ; and the seventh and last was the bill for the establishment of the new colledge of the poor at cobham in the county of kent , which was returned into the house without any alteration . on saturday the th day of december , three bills of no great moment were each of them read tertiâ vice ; of which the first being the bill for the erecting of hospitals or abiding and working houses for the poor , with another bill of no great consequence which had been formerly sent up from the house of commons to their lordships , were now with some amendments sent down again from them to the said commons by serjeant drew and doctor stanhop . the bill entituled an act against forestallers , regraters and engrossers was returned into the house by the committees ( who were appointed on monday the th day of this instant december foregoing , although their names and the commitment of the said bill upon the second reading be there omitted as a matter of small consequence ) with some amendments which were twice read and ordered to be ingrossed . three bills of no great moment had each of them one reading ; of which the first being the bill that the lord mountjoy may dispose of his lands as other tenants in tail by the laws and statutes of this realm may do , a private statute made an. h. . to the contrary notwithstanding , was secunda vice lect . upon the motion of the lord marquess of winchester , it was ordered that the cause should be heard openly in the house upon monday morning next by the learned councel on both sides . vide decemb. . sequen . three bills also of no great moment were sent up to the lords from the house of commons ; of which the first was the bill for the better and safer recording of fines to be levied in the court of common pleas , and was returned and allowed by the said house of commons without any alteration . on monday the th day of december , to which day the parliament had been last continued on saturday foregoing , a motion and request was had by the house of commons and delivered by m r secretary accompanied with many others , for a conference to be had concerning the bill intituled an act concerning tellors , receivors , &c. whereupon the house nominated the lord burleigh lord treasurer , the earl of nottingham lord admiral , and divers other lords , both earls , bishops and barons , as committees to confer with such a number of the house of commons as should confer with the lords touching the said bill ; the lord chief justice of england , the lord chief justice of the common pleas , the lord chief baron , m r serjeant drew and m r attorney being appointed to attend the lords , and the meeting to be at the great councel table at the court at whitehal to morrow being the th day of this instant december , at two of the clock in the afternoon . two bills of no great moment had each of them one reading ; of which the first concerning stains bridge was read tertiâ vice & expedit . the councel on both parties , viz. for arthur hatch on the one part , and of the dean and chapter of windsor of the other , were admitted to publick hearing in the house . and thereupon the bill of arthur hatch was referred to committees ( being peers and members of the house ) and the lord chief justice of england and m r attorney to attend their lordships . vide concerning this matter on thursday the th day of this instant december foregoing . the councel on both parts , for the lord marquess of minchester on the one part and the lord wountjoy of the other , were admitted to publick hearing in the house . and thereupon no just cause to hinder or stay the proceeding of the bill appearing , the same was commanded to be read the third time , and so was expedited . vide touching this business on saturday the th day of this instant december foregoing . the committees upon the bill to enable the owners of gavelkind lands in the county of kent to alter the said custom ( who were appointed on saturday the th day of this instant december foregoing , although their names and the commitment of the said bill upon the second reading be there purposely omitted as matter of small consequence ) returned the same to the house without alteration . on tuesday the th day of december , three bills of no great moment had each of them one reading ; of which the first being the bill for enabling of edmund mollineux esquire to sell lands for the payment of his debts and legacies , was read secunda vice , and committed unto the earl of shrewsbury and others , and m r justice gaudie and m r serjeant crew to attend their lordships . which committees were ordered to meet at the earl of lincolns house in cannon row on thursday next by two of the clock in the afternoon . two bills were sent up to the lords from the house of commons ; of which the second being the bill for relief of the poor was read primâ vice . four bills also of no great moment had each of them one reading ; of which the first being the bill against forestallers , regraters and ingrossers was read tertiâ vice , and sent down to the house of commons by m r serjeant drew and m r doctor stanhop for their consideration of some amendments . the bill giving power and liberty to sir john spencer knight , mary his wife and robert spencer esquire their son , to alienate certain mannors and lands in the county of dorset and bedford , was read secunda vice . and thereupon two letters from the lady spencer to the lord chamberlain were read in the house , signifying her pleasure and consent to the bill . the bill for explanation of the statute made in the th year of her majesties reign concerning labourers was read secundâ vice ; and a motion being made in the house for some amendent of the bill , the amendment was presently agreed on in the said house . on wednesday the th day of december , three bills of no great moment had each of them one reading ; of which the first being the bill for explanation of the statute made in the th year of her majesties reign concerning labourers was read tertiâ vice , and thereupon was sent down to the house of commons ( from whence it had been formerly brought up to their lordships ) with some amendments added thereunto by m r attorney and d r stanhop . the bill for the grant of three subsidies and six fifteenths and tenths was brought up to the lords from the house of commons by m r comptroller and others . this day order was given for the release of m r wood out of the prison of the fleet , at whose suit the lord chandois his servant called edward barston was arrested , so as he make satisfaction unto the said barston of such charges as he was at by means of that arrest . vide concerning this matter on saturday the th day of november foregoing ; as also on thursday the first day , saturday the third day , and on monday the th day of this instant december last past . the like order taken for the enlargement of william cole that arrested john yorke the lord archbishops servant , paying only the fees of the fleet. vide touching this business on thursday the eighth day of this instant december foregoing . certain amendments were thought fit by the committees to be added to the bill intituled an act for erecting of houses of correction and punishment of rogues , vagabonds and sturdy beggers ; which amendments were twice read and upon consideration of the same , direction was given to some of the said committees , viz. the lord north , the lord s t john and the lord buckhurst , to review the said amendments for reformation of some defects found therein by the house ; and the lord chief justice of england appointed to attend them . on thursday the th day of december , three bills of no great moment had each of them one reading ; of which the first being the bill for grant of three subsidies and six fiftenths and tenths was read prima vice . six bills were brought up to the lords from the house of commons ; of which the first was the bill for establishing the hospital of queen elizabeth in bristol for relief of the orphans and poor there , and was returned with allowance of the amendments . certain articles were presented in writing by the house of commons touching their opinions and objections concerning the bill of tellors and receivors , which were delivered to m r attorney , to the end he might confer with the judges upon the same , and make report to the lords . the bill for arthur hatch , her majesties ward , was returned into the house by the lord treasurer , first of the committees , who said that there were in the bill certain points , that could not be well reformed ; whereupon motion was made to the house ( upon agreement amongst the committees ) that the proceeding in this bill might cease , and that another course might be taken by way of composition betwixt the dean and chapter of windsor and arthur hatch ; for which purpose a bill was ready drawn and brought by m r attorney general , containing a form of composition betwixt them to be ratified ( if it shall be thought good ) by parliament . dominus custos magni sigilli continuavit praesens parliamentum usque in postmeridianum tempus hodierni diei horâ tertiâ , at which time the bill only for the grant of three subsidies and six fifteenths and tenths was read secundâ vice . on friday the th day of december , two bills had each of them one reading ; of which the first being the bill for the grant of three subsidies and six fifteenths and tenths , was read tertiâ vice & expedit . five bills were brought up to the lords from the house of commons by sir william knolles and others ; of which the first being the bill touching the school at seavenoake , was returned from the house of commons with their allowance thereof . the bill for arthur hatch her majesties ward for the enjoying of the rectory and parsonage of south-molton in the county of devon. for certain years , reserving the usual rent , was read prima vice . on saturday the th day of december , eight bills of no great moment had each of them one reading ; of which the last being the bill for arthur hatch her majesties ward for the enjoying of the rectory and parsonage of south-molton , &c. was read secundâ vice , and referr'd to the same committees that were formerly appointed ( on monday the th day of this instant december foregoing ) and the earl of worcester and bishop of london were added to them . two bills were brought up to the lords from the house of commons ; of which the first was the bill for encrease of people for the service and defence of the realm . the bill intituled an act for the enabling of edmund mollineux esq for the payment of his debts and legacies , was returned into the house by the earl of shrewsbury the first of the committees , who said , the committees had heard the councel learned on both parts , as well on the part of m r mollineux as against him , and finding some matter of difficulty in the bill , the councel desired to be heard openly in the house . on monday the th day of december , to which day the parliament had been last continued , the bill for confirmation of the subsidy granted by the clergy was read tertia vice , and sent to the house of commons by m r attorney and d r stanhop . certain amendments were offered to the house by the committees upon the second bill concerning arthur hatch her majesties ward , &c. and the same amendments were twice read . whereupon both the bill and the said amendments were commanded forthwith to be ingrossed , which was accordingly done , and presently read the third time , and sent to the house of commons by m r attorney and m r d r stanhop . vide concerning this matter on thursday the th day of this instant december foregoing . the committees upon the bill intituled an act for erecting of houses of correction , and punishment of rogues , vagabonds and sturdy beggars , and an act for the relief of the poor , returned the same to the house with some amendments , which were presently twice read and commanded to be ingrossed . the amendments in the bill concerning labourers formerly ingrossed in parchment ( at which exception was taken by the house of commons , and for that cause returned without their allowance , because the amendments were ingrossed in parchment , which according to the custom and use of the house should have been paper , and thereupon ) the lords now commanded them to be written in paper . four bills were brought up to the lords from the house of commons by sir william knolles and others ; of which the first was the bill for the confirmation and establishment of the deprivation of divers bishops in the beginning of her majesties reign , returned into the upper house with some amendments ; which said amendments were thrice read : and the second being for the establishment of the bishoprick of norwich , and the possessions of the same , against a certain pretended concealed title made thereunto , was read prima vice . vide concerning this matter on thursday the th day , saturday the th day , on monday the th day , and on thursday the th day of january next ensuing . two bills also of no great moment had each of them one reading ; of which the first being the bill for the encrease of people for the service and defence of the realm , was read primâ vice . on tuesday the th day of december , two bills had each of them one reading ; of which the first being the bill for erecting of houses of correction , and punishment of rogues , vagabonds and sturdy beggars , was read tertiâ vice . the amendments of the bill concerning labourers was presented to the house written in paper . vide concerning this bill on the day immediately foregoing . the three bills aforesaid were sent down to the house of commons for their consideration of the several amendments and provisoes added unto them , by m r attorney general and m r d r stanhop . two bills of no great moment were sent up to the lords from the house of commons ; of which the last concerning labourers was returned with the allowance of the amendments . the bill lastly for the encrease of people for the service and defence of the realm was read secundâ vice , and committed unto the archbishop of canterbury and others ; and the two lords chief justices , the lord chief baron and mr. attorney general to attend their lordships : who were appointed to meet at the great council chamber at the court at whitehall on wednesday the th day of january next following , at two of the clock in the afternoon . dominus custos magni sigilli ex mandato dominae reginae adjornavit praesens parliamentum usque in . diem januarii proae ' sequentem horâ octavâ . nota , that this adjournment , although but for the space of twenty one days , was by her majesties commandment , being personally present , as may be directly gathered out of those words ex mandato dominae reginae , notwithstanding the word praesentis be omitted here as in divers other places also of these journals of the queens time upon the like occasion ; for otherwise if her said majesty had not been personally present in the upper house , this adjournment ought to have been by commission under the great seal , as a like adjournment had been from monday the th day of december unto thursday the th day of february then next ensuing , in the parliament in anno reginae eliz. anno domini . nota also , that at the end of this adjournment the two houses met in their several places without any pomp or state , and also fell to the reading of such bills and perfecting of such ordinary businesses as they had left unperfected at the time of the aforesaid adjournment . which said new meeting of the lords in the upper house is entred as followeth in the journal-book of the upper house , viz. die mercurii , viz. undecimo die januarii ( to which day the parliament had been last adjourned on tuesday the th day of december foregoing ) domini tam spirituales quàm temporales , quorum nomina subsequuntur , praesentes fuerunt . archiepiscopus cantuarien ' . thomas egerton miles , custos magni sigilli . dominus burleigh dominus thesaurar . angliae . comites . comes essex magnus marescallus angliae . comes nottingham magnus seneschallus . comes northumbr ' . comes salopiae . comes darbiae . vice-comes bindon . episcopi . episcopus london . episcopus roffen ' . episcopus peterburgen ' . episcopus bathon ' & wellen ' . episcopus landaven ' . episcopus cestren ' . episcopus cicestren ' . barones . dominus hunsdon camerarius . dominus zouch . dominus la ware. dominus cobham . dominus stafford . dominus grey de wilton . dominus scroope . dominus stourton . dominus sandes . dominus wharton . dominus rich. dominus darcy de chich. dominus north. dominus buckhurst . dominus compton . nota , that though i do usually observe in all these journals never to have the presence of the lords transcribed , but at the beginning only of a new parliament , or at least a new session ; yet i have observed it here though but at the beginning of a new meeting , in respect that the presence of the lords before set down at the beginning of this parliament on monday the th day of october being much greater than that of this day , could not serve to be any rule for the presence of those that attended at this new meeting ; which is for the most part the chiefest reason why the presence of the lords is marked on the first day of the parliament , or on the next day from the first , on which they be noted , if through the clerk of the upper house his negligence ( as it often happeneth ) it be 〈◊〉 〈◊〉 the said day . a second but less material cause why i have their names transcribed , is to see the due places and precedences of the lords temporal . this wednesday as soon as the lords were set , it should seem that the earl of essex having been created earl marshall the th day of december last before this instant , took his place according to his said office , viz. next after the earl of oxon chamberlain of england , and before the earl of nottingham lord steward and lord admiral . the said earl marshal having taken his 〈◊〉 as aforesaid , was added to the committees in the bill intituled an act for encrease of people for the service and defence of the realm , who were appointed on tuesday the th day of december foregoing . his lordship also was added to the committees upon the bill for the relief of the poor in times of extream dearth , who were appointed to meet at the great council chamber at whitehall upon friday the th day of this instant january following , by two of the clock in the afternoon . the committees upon the bill concerning broakers and pawntakers were appointed to meet at the great council chamber , &c. upon friday the th day of this instant january following , by two of the clock in the afternoon . the bill for maintenance of husbandry and tillage was read secunda vice , and referred to the same committees which are for the bill for encrease of people , &c. who were appointed to meet at the great council chamber , &c. on tuesday the th day of december foregoing , and to meet at the same time and place . three bills had each of them one reading ; of which the first being the bill for recovery of three hundred thousand acres of waste marish and watery grounds in the isle of ely , and the counties of cambridge , huntington , northampton , lincoln , norfolk and suffolk , was read secundâ vice and committed unto the lord treasurer , the earl of essex lord marshal , the earl of nottingham lord admiral , the bishop of peterborough , the bishop of bath and wells , the bishop of norwich and the bishop of chichester , the lord hunsdon lord chamberlain , the lord de la ware , the lord cobham , the lord rich , the lord darcie of chich , the lord north and the lord buckhurst ; and m r justice gaudie and m r serjeant drew to attend their lordships : all which were appointed to meet at the little chamber near the chamber of parliament presence on saturday the th day of january following in the morning before the house sit . on thursday the th day of january the bill entitled an act for encrease of people for the service and defence of the realm was returned unto the house by the committees ( who were appointed on tuesday the th day of december foregoing ) and a motion was made by the lord arch-bishop of canterbury , the first of the committees , that a conference might be had with a competent number of chosen persons of the house of commons for the better perfecting of the bill . whereupon m r attorney and m r doctor stanhop were addressed to the house of commons with a message to that effect ; and the time and place of meeting desired to be at the great council chamber at the court at whitehall to morrow , being the th day of this instant january ensuing , by two of the clock in the afternoon . certain select committees who were chosen by the house of commons concerning the said bill for increase of people , &c. were sent to the lords signifying their allowance of the time and place appointed for meeting about that bill ; and desired in the mean time to have delivered unto them in writing such objections as their lordships do make unto the said bill , to the end they might be the more ready to deliver their opinions and resolutions at the said meeting . the lords having considered of this motion thought it unfit and not agreeable to the order of this house to deliver the same in writing ; and therefore agreed that answer should be made , that if upon verbal conference they should remain unsatisfied touching the said objections , then they should have the same delivered unto them in writing for their further consideration thereof . which answer was presently notified to the said select committees . and in the mean season the judges were required to set down the said objections in writing , that it might be in readiness for the said committees of the house of commons , if upon the verbal conference they should not be satisfied . vide concerning this matter on saturday the th day of this instant january following . three bills of no great moment had each of them one reading ; of which the last being the bill for the making of bayes in the counties of essex and suffolk , was read secundà vice and committed unto the lord treasurer , the earl of essex lord marshal , the bishop of norwich , the lord hunsdon lord chamberlain , the lord rich , the lord north and the lord buckhurst ; and the lord chief baron and m r attorney general to attend their lordships . vide concerning this attendance of the judges on monday the th day of november foregoing . the bill for the establishing of the bishoprick of norwich and the possessions of the same , against a certain concealed title made thereunto , was read secunda vice . upon this reading it was ordered by the lords that all parties whom this bill may concern should be openly heard in the house upon saturday next in the morning , being the th day of this instant january , to the end it might be considered whether the same may justly pass without prejudice to the said parties , and george lester then to be warned to attend . vide concerning this matter on monday the th day of december foregoing ; as also on saturday the th day , monday the th day , and tuesday the th day of this instant january following . another bill also of no great moment touching clothiers was read secunda vice , and referr'd to committees . vide plus de ista materia die sequente . certain amendments were offered unto the house by the committees upon the bill intituled an act for the naturalizing of certain englishmens children and others born beyond the seas . which amendments were presently twice read ; and thereupon both the bill and the amendments were read the third time , and returned unto the house of commons by m r serjeant drew , and m r d r carew . on friday the th day of january , the bill concerning a lease of great yearly value procured to be passed from her majesty by william kirkham , was read primâ vice . the said kirkham and ambrose willoughby esq are to be warned to attend the lords on monday morning next , being the th day of this instant february , at which time it is appointed that the said bill shall be read the second time . vide touching this matter on monday the th day , and tuesday the th day of this instant january following . the bill against deceitful stretching and tentering of northern cloth was read secundâ vice , and committed to the earl of shrewsbury , viscount bindon , the bishop of london , the bishop of bath and wells , and the bishop of norwich , the lord zouch , and the lord buckhurst ; and the lord chief baron , m r justice owen and m r baron evers , to attend their lordships . vide concerning this attendance of the judges on monday the th day of november foregoing . the same committees , time and place appointed upon the bill for the relieving of clothiers , concerning the weight of short broad and coloured cloths , &c. the former committees being part of this number , having not had time to perfect the same , who had been appointed yesterday . three bills of no great moment had each of them one reading ; of which the last being the bill to preserve the property of stoln horses in the true owners , of vouchers in sale of horses in fairs and markets , was read tertia vice and refused . the bill concerning the recovery and draining from the water certain overflown grounds in the county of norfolk was read secundâ vice , and referr'd to the same committees upon the bill formerly read of that kind concerning three hundred thousand acres , &c. ( whose names see before on wednesday the th day of this instant january foregoing ) with addition of the lord s t john ; and m r attorney to attend ; appointed to meet at the same time and place , &c. and such parties as the same may concern to be warned to attend also . on saturday the th day of january certain objections unto the bill intituled an act for the increase of people , &c. were set down in writing by m r attorney general , and brought into the house by the archbishop of canterbury , the first of the committees . and the same was sent to the house of commons for their consideration thereof , according to a proviso made by their lordships to the select committees of the house of commons at the meeting yesterday about that bill , by mr. attorney general and dr. stanhop . vide concerning this matter on thursday the th day of this instant january foregoing , as also on friday the th day of the same month following . upon motion made by the lord archbishop that the committees for the bill of tillage had not time to perfect the same at the meeting formerly assigned , it was ordered by the house that the said committees should meet again about it at the great council chamber , &c. the like motion was made touching the bill of broakers and pawn takers , and the like order . certain knights and burgesses of the house of commons sent to the lords to desire a conference with a competent number of that house concerning the amendments and provisoes added to the bill intituled an act for erecting of houses of corrections and punishment of bogues , vagabonds and sturdy beggars . whereupon choice was made of the lord archbishop , the lord admiral , the earl of shrewsbury and the bishop of winchester , being part of the number formerly appointed upon that bill ; the three chief justices , mr. serjeant drew and mr. attorney to attend . and the same presently signified to the said knights and burgesses , but with this caution , that whatsoever had been amended or added by their lordships could not now be altered by the orders of the house . howbeit to yield the house of commons satisfaction of the reasons that moved their lordships to make those amendments , they assented to the conference , and the meeting was appointed to be in the outward chamber of the upper house of parliament on monday the sixteenth day of this instant january following , by eight of the clock in the morning . on which said monday see more of this matter . the bill for reforming of sundry abuses committed by souldiers and others used in her majesties services concerning the wars , was read primâ vice . the councel learned as well on the part of the bishop of norwich and his tenants , as on the part and behalf of george lester were heard openly in the house ; but for the present no further order or proceeding therein . vide touching this business on tuesday the th day of december last past , and on thursday the th day of this instant january foregoing ; as also on monday the th day , and tuesday the th day of the same month next ensuing . the earl of essex not able to attend for want of health was certified by the lord north. the bishop of landaff absent by reason of sickness signified by the bishop of chester . on monday the th day of january , to which day the parliament had been last continued on saturday foregoing , two bills had each of them one reading ; of which the second being the bill for confirmation of statutes merchant acknowledged in the city of lincoln and the town corporate of nottingham , was read secundâ vice , and committed unto the lord treasurer of england , the earl of essex earl marshal , the earl of nottingham lord admiral , the earl of northumberland , the earl of shrewsbury , the bishop of winchester , the bishop of bath and wells , the bishop of chester , the lord evers , the lord north , the lord st. john and the lord buckhurst ; the lord chief justice of the common pleas , m r justice clench , m r serjeant drew and m r attorney general to attend their lordships . vide concerning this attendance of the judges on monday the th day of november foregoing . report was made to the house by the lord archbishop of canterbury , that upon the meeting of such of the lords of the upper house as were appointed this day to confer with certain select knights and burgesses of the house of commons concerning the amendments and provisoes added by their lordships to the bill intituled an act for erecting of houses of correction , &c. the said knights and burgesses do hold themselves satisfied upon the reason alledged by their lordships in some part of the said amendments , but not in all . vide concerning this matter on saturday the th day of this instant january foregoing . kirkham was called into the house before their lordships , and after he had been heard what he was able to say in his own behalf concerning the bill , the same was read the second time , viz. the bill concerning a lease of great yearly value procured to be passed from her majesty by william kirkham was read secundâ vice , and ordered to be engrossed . vide concerning this bill on friday the th day of this instant january foregoing , as also on tuesday the th day of the same month immediately ensuing . two bills also had each of them one reading ; of which the first being the bill for repressing of offences that are of the nature of stealth , &c. was returned unto the house by the earl of essex , the first of the committees , with certain amendments ; which amendments were presently thrice read , and sent by m r serjeant drew and m r d r stanhop to the house of commons for their consideration . a motion was made , that a proviso should be added to the bill concerning the bishoprick of norwich ; which proviso was presently drawn in the house by m r attorney , and thereupon read . and for the more expedition in the proceeding of the bill , it was thought meet , that the lord archbishop of canterbury , the earl of essex lord marshal , the earl of nottingham lord admiral , the bishop of london , the lord hunsdon lord chamberlain , and the lord cobham should confer with a competent number of the house of commons about the said proviso . whereupon m r serjeant drew and m r attorney were sent to the said house of commons to signifie the same . who presently assented to a meeting , and made their repair to their lordships forthwith accordingly . vide concerning this matter on tuesday the th day of december foregoing , and on thursday the th day , and on saturday the th day of this instant january last past ; as also on tuesday the th day of the same month immediately ensuing . four bills were brought up to the lords from the house of commons ; of which the last was the bill for confirmation and better assurance and conveyance of certain mannors , lands , tenements and hereditaments given and intended to an hospital or meason de dieu in warwick , founded and established by the earl of leicester . vide postea concerning this bill on to morrow following . on tuesday the th day of january it was agreed upon in the house , that the committees upon the bill for maintenance of husbandry and tillage ( who were appointed on wednesday the th day of this instant january foregoing ) should meet for perfecting of the same at the great council chamber at the court at whitehall this present day , by two of the clock in the afternoon . the bill concerning a lease of great yearly value procured to be passed from her majesty by william kirkham , was read tertiâ vice , and sent to the house of commons by m r serjeant drew and m r d r stanhop . vide touching this business on friday the th day , and on monday the th day of this instant january foregoing . two bills had each of them one reading ; of which the second being the bill for confirmation and better assurance and conveyance of certain mannors , lands , tenements and hereditaments given and intended to an hospital or meason de dieu in warwick , founded and established by the late earl of leicester , was read primâ vice . george ognell and the parties that follow the bill for the hospital , to be heard openly in the house by their councel learned to morrow the . day of this instant january in the morning . vide concerning this business on monday the . day of this instant january foregoing , in fine diei . a proviso drawn by m r attorney by commandment of the house and appointed to be added to the bill for establishing the bishoprick of norwich , &c. was twice read and commanded to be ingrossed ; and then both the bill and the proviso being read the third time , were returned to the house of commons for their consideration of the proviso . vide touching this matter on tuesday the th day of december foregoing , and on thursday the . day , saturday the . and on monday the . day of this instant january foregoing . the earl marshal was added to the bill concerning accomptants . three bills lastly had each of them one reading ; of which the last being the bill for some better staying of corn within the land , to give liberty to english subjects sometimes to buy wheat , &c. and to sell the same again in the same kind , for the better relief of the common-wealth . was read tertiâ vice and rejected . on wednesday the th day of january , the lord keeper signified to the house , that the parties that follow the bill for the hospital of warwick are not provided of their councel learned . whereupon the house assigned them a new day , viz. friday morning the . day of this instant january following . vide concerning this matter on monday the . day , and on tuesday the . day of this instant month foregoing . four bills of no great moment had each of them one reading ; of which the two last , the one for the avoiding of bringing in of pins , and the other for the better furnishing and supplying of skilful chirurgeons in and to the land and sea services for her majesty and the realm , were each of them upon the second reading rejected . the earl marshal was added to the bill for broakers and pawn-takers . the committees upon the bill for confirmation of statute merchants in the cities of lincoln and town of nottingham , and the committees upon the bill concerning tellors and receivors were appointed to meet this present day . the councel learned on both sides upon the bill concerning m r mollineux were appointed to be heard openly in the house on saturday next , being the th day of this instant january , and warning to be given in the mean while thereof to the parties . the amendments agreed upon by the councel upon the bill of tillage ( who were appointed on wednesday the th day of this instant january foregoing ) were appointed to be brought into the house to morrow morning by the lord chief justice of england . the lord buckhurst signified , that upon a letter written unto him by the lord marquess of winchester , notifying his present sickness whereby he was not able to give his attendance as yet , the said lord buckhurst having moved her majesty therein according to the request of the said lord marquess , it pleased her majesty to hold him excused for the present until his recovery , and commanded that he should then give his attendance . on thursday the th day of january the bill for reforming of certain abuses touching wine casks was read secundâ vice , and commited unto the lord burleigh lord treasurer , the earl marshal , the earl of nottingham lord admiral , the bishop of rochester , the bishop of chichester , the lord north , the lord buckhurst , the lord howard of walden ; and m r justice owen and m r serjeant drew to attend their lordships . vide concerning this attendance of the judges on monday the th day of november foregoing ) which said committees were appointed to meet at the little council chamber at the court at whitehall at three of the clock in the afternoon . certain amendments and a proviso was brought into the house and delivered , by the archbishop of canterbury , the first of the committees upon the bill of maintenance of husbandry , &c. and the same being twice read were commanded to be ingrossed . answer was returned in writing from the house of commons , and delivered by certain knights and burgesses sent for that purpose , unto the objections taken by their lordships to some points of the bill intituled an act for the increase of people for the service and defence of the realm ; which objections were also formerly delivered unto them in writing upon their request made unto their lordships . certain selected persons of the house of commons , viz. sir william knolls and sir edward hobby knights , with divers others coming from the said house of commons , in delivered a message signifying that the said knights and burgesses desired to receive satisfaction , from the lords concerning an innovation ( as the said knights and burgesses supposed ) very lately begun in the upper house in delivering of an answer from the lords by the mouth of the lord keeper , in other form and manner than was pretended by the knights and burgesses to have been in former times used , and , as they did interpret it , to the prejudice and derogation of the liberty of the house of commons . for whereas on the fourteenth day of this instant january foregoing , sir walter raleigh knight with divers others of the said house of commons were sent up to the lords to deliver a certain message to the house , after consultation had thereon by the lords , and after signification given to the said sir walter raleigh and the rest ( staying in the outward room for answer ) that they might come in to receive the same ; it was thought meet that the lord keeper should deliver the said answer sitting in his place , and all and every of the lords keeping their places , and not going down to the bar as the use and form is , when the lords either receive bills or message from the house of commons , and as the lord keeper had done once or twice before by error , or not attending the formality and order of the house in that point . this was the exception taken by the message delivered this day from the knights and burgesses of the same house of commons , wherein they desire to receive satisfaction as is before mentioned . upon which message the lords having consulted and delivered their opinions touching the said order and custom of the house , as it had been observed and particularly noted and remembred by some of them that were the most ancient and of longest continuance in parliaments , and especially by the lord burleigh lord treasurer , the most ancient parliament man of any that were at that time present either of the upper house or house of commons , and likewise by the lord archbishop of canterbury , and by the lord admiral , the lord north , the lord buckhurst and others , that had been present in many parliaments ; it was resolved that the order and usage of the house was and is , that when any bills or messages be brought from the house of commons to be preferred to the upper house , the lord keeper and the rest of the lords are to arise from their places , and to go down to the bar , there to meet such as come from the said house of commons , and from them to receive in that place their messages or bills : but contrariwise when any answer is to be delivered by the lord keeper , in the name and behalf of the house , to such knights and burgesses as came from the house of commons , the said knights and burgesses are to receive the same standing towards the lower end of the said upper house without the bar , and the lord keeper is to deliver the same sitting in his place with his head covered , and all the lords keeping their places ; and that whensoever it had been otherwise done , it had been by error and mistaking , and therefore not to be drawn into an example or precedent as it was acknowledged by the lord keeper this day and the rest of the lords , that the going of the said lord keeper and the rest of the lords from their places to the bar some few days before , once or twice , to give answer to some of the house of commons ( whereof the said house of commons seemed to take some advantage ) was only by miscognizance or rather for want of due remembrance at that present of the order and custom of the house , whereunto their lordships ( having regard rather to dispatch of matters of importance in the house , than to formalities ) were not greatly intentive . this to have been the ancient usage of the house , and that the same ought still to be , was concluded by common and general consent , both upon particular remembrances and observations of the like course and order holden aforetime by other lords that held the place in the house of lord chancellor or lord keeper , and also by divers reasons produced and alledged to prove and shew , that the said order doth best stand with the dignity and gravity of the house , and with the conveniency and aptness for dispatch of affairs appertaining to the parliament ; and that the contrary course is both undecent and inconvenient . this being so resolved and concluded , it was agreed that m r attorney general and mr. serjeant drew should go down to the house of commons , and signify from the lords to the knights and burgesses , that if they would send any of that house up to the lords to receive answer unto their aforesaid demands , answer should be given them . whereunto the said knights and burgesses returned signification of their assent by the said m r attorney general and m r serjeant drew . and in very little time after sent up accordingly the same persons who before had been sent to demand satisfaction . but being come into the house , and having placed themselves at the lower end of the said room , ( as at other times they accustomed , except the lord keeper and the rest of the lords would come from their places and meet them at the bar to deliver them answer ) the lord keeper moved them to come nearer to receive answer . and when they perceived that the lords were resolved not to come from their places to the bar , they protested by the mouth of sir william knolles , that they had no commission to receive answer in that form . and so refusing to receive any answer , departed . the question and difference thus remaining betwixt the houses , it was afterwards upon a motion sent down from the lords to the house of commons agreed on both parts , that a conference should be had , and that the aforesaid selected persons of the said house of commons , or so many of them as should be needful should meet with divers of the lords of the upper house ( being nominated by the house for that purpose ) in the outward great chamber before the chamber of parliament presence , to debate the matter and bring it to a conclusion . which meeting and conference being assented unto , and afterwards accordingly there performed on the .... of january , and the questions debated and the reasons and observation of former time for the aforesaid order and custom of the house being alledged by the lord archbishop of canterbury , the lord burleigh lord treasurer , the earl of nottingham lord admiral , the lord north and the lord buckhurst , that had been present in many parliaments , ( and especially by the lord treasurer the most ancient parliament man ) it was found and observed that the order and custom of the house was as is before written ; videlicet , that when any bills or messages are brought from the house of commons to be presented to the upper house , the lord keeper and the rest of the lords are to arise from their places and to go down to the bar , there to meet such as come from the house of commons , and from them to receive in that place their messages or bills : but contrariwise when any answer is to be delivered by the lord keeper in the name and behalf of the house to such knights and burgesses as come from the house of commons , the said knights and burgesses are to receive the same standing towards the lower end of the said upper house without the bar , and the lord keeper is to deliver the same sitting in his place with his head covered , and all the lords keeping their places . and thereupon the house of commons was satisfied , and the same form was afterwards kept accordingly . on friday the th day of january , the answer that came yesterday from the house of commons to the objections taken by their lordships to some points of the bill intituled an act for the encrease of people for the service and defence of the realm , was by the order of the house referr'd and delivered to the lords committees formerly appointed upon that bill , on tuesday the th day of december foregoing , who were required to consider thereof and to make their report of their opinions concerning the same . the bill for punishment of rogues , vagabonds and sturdy beggars was read primâ vice , a former bill of that nature having been rejected in the house of commons . the bill for the maintenance of husbandry and tillage was read tertiâ vice ; and the amendments and proviso were thrice read , together with the bill , and were sent down to the house of commons for their consideration of the amendments and proviso by m r attorney general and m r d r stanhop . the bill for reforming of sundry abuses committed by souldiers and others in her majesties services concerning the wars was read primâ vice . a former bill of this nature having been considered of by the committees was by them refused for many defects found therein , and this preferr'd to the house instead thereof . the house having not time to hear the councel learned on the behalf of george ognell and those that follow the bill for the hospital of warwick , as was formerly appointed , a new time was appointed for the hearing of the same , viz. on monday morning next , being the th day of this instant january . four bills were brought up to the lords from the house of commons by sir william knolles and others ; of which the first being the bill to reform deceit and breaches of trust touching lands given to charitable uses , was read primâ vice . on saturday the th day of january , four bills of no great moment had each of them one reading ; of which the second being the bill for repealing of a branch of a statute made in the thirty fourth year of hen. . intituled the ordinance of wales , was read secunda vice , and committed unto the archbishop of canterbury , the lord marshall , the earl of shrewsbury , the earl of worcester , the bishop of worcester , the bishop of landaff , the bishop of chester , the lord la ware , the lord rich , the lord chandois and the lord compton ; and the lord chief baron and m r baron evers to attend their lordships . vide concerning this attendance of the judges upon the lords committees on monday the th day of november foregoing . the parties on both sides concerning the bill of edward mollineux were openly heard by their councel ; and thereupon the said bill was referr'd to committees , &c. vide touching this bill on tuesday the th day , and on saturday the th day of december foregoing . on monday the th day of january , to which day the parliament had been last continued on saturday foregoing , three bills of no great moment had each of them one reading ; of which the first being the bill for establishing a jointure to anne lady wentworth was read primâ vice . five bills were brought up to the lords from the house of commons ; of which the first being the bill for naturalizing of certain englishmens children and others born beyond the seas , was returned with the allowance of the amendments expedited . and the third for repressing of offences that are of the nature of stealth , and are not felonies by the laws of the realm , was likewise returned with allowance of the amendments expedited . committees were appointed to confer with a competent number of the house of commons concerning the bill intituled an act for the encrease of people for the service and defence of the realm , and the meeting desired to be to morrow morning the th day of this instant january before the house sit , which the house of commons assented unto , viz. the earl of shrewsbury , the lord viscount bindon and others . the committees that were appointed for conference the th day of december foregoing upon the bill concerning tellors , receivors , &c. were now appointed to meet ( adding unto them the earl marshal ) to morrow , &c. the meeting also assented unto by the house of commons with a competent number of them . the councel learned on part of george ognell , and on the behalf of the hospital of warwick , &c. were openly heard in the house . vide concerning this business on monday the th day , tuesday the th day , and friday the th day of this instant january foregoing . excuse was made by the bishop of london for the bishop of norwich in regard of his unhealthiness . the committees in the bill for punishment of rogues , vagabonds , &c. ( who were appointed on saturday the th day of this instant january foregoing ) returned the same to the house with some amendments by the lord archbishop of canterbury , and the lord chief justice required to consider of the amendments . two bills were brought up to the lords from the house of commons ; of which the first being that lessees may enjoy their leases against all patentees , their heirs and assigns , notwithstanding any default of payment of their rents during the time that the reversion or inheritance remained in the crown , was presented by sir robert cecill and others . on tuesday the th day of january , three bills of no great moment had each of them their first reading ; of which the first was , that no person robbing any house in the day , although no person be therein , shall be admitted to have benefit of clergy . the bill entituled an act for reforming of sundry abuses committed by souldiers and others used in her majesties services concerning the wars , was returned by the lord marshal second of the committees , with sundry amendments thought meet to be added ; which amendments were presently twice read , and after consideration thereof had , and much debate whether the bill should so pass or no , it was thought necessary to be recommitted to the said committees ( who were appointed on monday the . day of this instant january foregoing ) and the time and place appointed presently at the little chamber near the parliaments presence . the bill was brought in again with the same amendments and no alteration , and thereupon commanded to be engrossed . the bill entituled an act for the relieving of clothiers concerning the weight of short , broad and coloured cloths to be made within the counties of suffolk and essex , was returned to the house by the earl of shrewsbury the first of the committees , who made report that upon hearing of both parties , and upon due consideration of the reasons and allegations by them alledged , the committees thought there could not be any further proceedings in the same . whereupon a new bill was presented bearing this title , viz. an act touching the making of short , broad , course coloured cloths in the counties of suffolk and essex , which was presently read primâ vice . the bill for punishment of rogues , vagabonds , &c. was brought into the house by the lord chief justice with certain amendments . it was debated in the house whether amendments upon a bill being brought into the house by the committees , may afterwards be contradicted or spoken against by any of the committees : but the doubt was left for the present unresolved . vide on thursday the th day of november in the parliament . de anno regin . eliz. where this doubt was cleared and ruled affirmatively . on wednesday the th day of january , three bills had each of them one reading ; of which the last was the bill , that lessees may enjoy their leases against all patentees their heirs and assigns , notwithstanding any default of payment of their rents during the time that the reversion or inheritance remained in the crown . sir moile finch to be heard by his councel learned to morrow openly in the house concerning this bill . four bills of no great moment were brought up to the lords from the house of commons ; of which the first was the bill for maintenance of husbandry and tillage . two bills had each of them one reading ; of which the first being the bill for reforming of sundry abuses by souldiers and others used in her majesties services concerning the wars , was read tertiâ vice . the earl marshal informing that the committees upon the bill for the lawful making of bays , &c. ( who had been appointed on thursday the th day of this instant january foregoing ) had not time at the day formerly assigned ; and moving for a new day to be appointed for their meeting , the house appointed that the said committees should meet for that purpose this afternoon at the said earl marshals chamber . notice was given to the house by the lord treasurer , that the committees upon the bill concerning tellors , receivors , &c. had a meeting with a select number of the house of commons to confer upon the objections and answers touching that bill yesterday in the afternoon , according to the order taken the th day of january : but for as much as the said number of the house of commons at the meeting affirmed that they had no authority to undertake the debating of the said objections and answers ( otherwise than to speak as they should see cause as private men ) and desired that the answer might be communicated to the said commons in writing ; the lords therefore sent down the said answers to the house of commons by the hands of m r attorney general , and m r doctor stanhop . the committees upon the bill concerning the draining of waste and marish grounds , and ( who had been appointed on wednesday the th day of this instant january foregoing ) were appointed to meet at the earl marshals chamber this day by two of the clock in the afternoon . the amendments upon the bill for punishment of rogues , vagabonds , &c. were twice read ; and thereupon the bill with the said amendments was commanded to be engrossed . on thursday the th day of january , the bill to enable edward mollineux to sell his lands for the payment of his debts , &c. was returned by the earl marshal the second of the committees , by reason of some of the kindred of the said edward mollineux who opposed themselves against the bill . a motion was therefore made that the cause might be ended by some arbitrary course . whereupon the parties on both sides were called into the house and moved to that purpose ; unto which they assented , and made choice of the earl of rutland , the lord bishop of london , and the lord mountjoy , who were appointed to meet this afternoon ( vide concerning this matter on tuesday the th day of december foregoing . ) six bills of no great moment had each of them one reading ; of which the fifth being the bill for punishment of rogues , vagabonds and sturdy beggars was read tertiâ vice , and sent down to the house of commons by m r serjeant drew and m r attorney general . the bill for the lawful making of bayes , &c. was returned by the earl marshal the second of the committees , with a proviso thought meet to be added ; which proviso was twice read , and commanded to be engrossed . the bill to reform deceits and breaches of trust touching lands given to charitable uses , was returned to the house by the archbishop of canterbury , the first of the committees , with some amendments , and a proviso thought meet to be added , which were twice read , and thereupon commandment given that the said amendments should be written in paper , and the proviso engrossed in parchment ready for a third reading . upon a motion by the earl marshal that the committees in the bill against lewd and wandring persons ( who were appointed yesterday ) had not convenient time this morning to perfect the said bill according to the order of the house agreed upon yesterday ; their lordships appointed the said committees to meet again about the same to morrow morning before the house sit . the bill entituled an act for the encrease of people for the service and defence of the realm , was returned to the house by the earl of shrewsbury , the first of the committees . and because it seemed to all the committees appointed for this bill ( together with the judges ) that notwithstanding the conference with divers selected persons of the house of commons , this bill could not proceed ; order was given to the judges , and especially to the lord chief justice , to draw a new bill . whereupon this new bill following was brought into the house . the bill against decaying of towns and houses of husbandry was read primâ vice . the bill against carrying of pelts , &c. was returned into the house by the earl marshal . excuse was made by the lord admiral for the earl of hereford's absence for want of health . the like excuse by the lord chandois for the lord la ware. the earl marshal signified unto the house that the lord mordant and the lord sheffeild have leave of her majesty for their absence . on friday the th day of january , two bills of no great moment had each of them one reading ; of which the first being the bill to prohibit the carrying of herrings beyond the seas was read secundâ vice : but no mention that it was committed . the bill against decaying of towns and houses of husbandry was read secundâ vice . certain amendments upon this bill were drawn by the lord chief justice , and being allowed by the house were also twice read ; and thereupon the bill with the said amendments was commanded presently to be engrossed . the bill touching the making of short broad , course coloured cloths in the counties of suffolk and essex was upon the second reading committed unto the earl of shrewsbury , lord viscount bindon , the lord bishop of london , the bishop of bath and wells , the bishop of norwich , the lord hunsdon lord chamberlain , the lord zouch , the lord wharton , the lord darcie of chich , and the lord buckhurst ; and the lord chief justice of england , the lord chief baron , m r justice owen and m r baron evers to attend their lordships . two bills lastly had each of them their third reading ; of which the first being the bill to reform deceits and breaches of trust touching lands given to charitable uses with some amendments , was returned to the house of commons by m r serjeant drew and m r doctor stanhop for their consideration of the said amendments . the lord treasurer took his place this day as baron of burleigh , between the lord buckhurst and the lord compton . the lord admiral took his place as earl of nottingham , between the earl of lincoln and the lord viscount bindon . and the lord chamberlain his place as baron of hunsdon , between the lord chandois and the lord s t john of bletso . on saturday the th day of january , the bill for the lawful making of bayes , &c. the bill to restrain the excessive making of malt , and one other of no great moment were each of them read tertiâ vice , and sent down to the house of commons by m r serjeant drew and doctor carew . the bill for establishing a jointure to anne lady wentworth was read secunda vice , and committed unto the earl of essex lord marshal , the earl of northumberland , the earl of shrewsbury , the bishop of winchester , the bishop of bath and wells , the bishop of norwich , the lord chamberlain , the lord zouch , the lord cobham , the lord sandes , the lord chandois and the lord compton ; and m r baron clerke and m r baron evers or either of them to attend their lordships . the bill lastly for confirmation of statutes merchants acknowledged in the town corporate of newcastle upon tine , was read secundâ vice . but no mention is made in the original journal-book that this bill was committed ; for at the next sitting , viz. die lunae o die januarii , the same bill was read tertiâ vice , and sent to the house of commons by doctor carew and doctor stanhop . on monday the th day of january , to which day the parliament had been last continued on saturday foregoing , the bill for retailing broakers and other pawn-takers was returned to the house by the lord archbishop of canterbury , the first of the committees . and because the committees found many defects therein , so that they thought the same unfit to proceed , they therefore together with the said bill presented a new bill intituled as the former , which was read primâ vice . the bill touching the making of short broad course coloured cloths ( which was committed on friday the th day of this instant january foregoing ) was returned to the house by the first of the committees ; and therewithal , because the same was by the said committees thought defective , a new bill of the same title was likewise presented . two bills of no great moment had each of them one reading ; of which the second being the bill for confirmation of statutes merchant acknowledged in the town corporate of newcastle upon tine , was read tertiâ vice , and sent down to the house of commons by d r carew and d r stanhop . seven bills were sent up to the lords from the house of commons ; of which the fourth being the bill against lewd and wandering persons pretending themselves to be souldiers or mariners , was returned with the allowance of an amendment which was added by the lords . sir robert cecill and other knights and burgesses that brought the seven bills last mentioned , and moved the house for a conference concerning the bill sent from their lordships intituled an act for reforming of sundry abuses committed by souldiers and others used in her majesties services concerning the wars , to which conference the lords assented , and the time and place appointed to morrow in the afternoon at the great council chamber at the court at whitehall , and the same committees that were formerly appointed on monday the th day of this instant january foregoing , and the earl of sussex , the earl of shrewsbury , the earl of rutland , the lord zouch and the lord cobham were added unto them . the bill intituled an act for the enabling of edmund mollineux esq to sell the lands , &c. was returned to the house by the earl of rutland , the first of the committees or arbitrators , with amendments , which were twice read , and agreed , that the bill should be engrossed . ( vide touching this matter on tuesday the th day , and on wednesday the th day of december foregoing , as also on thursday the th day of this instant january last past . ) a new meeting was appointed for the committees upon the bill intituled . an act for reformation of certain abuses touching wine-casks , ( who were appointed on thursday the th day of this instant january foregoing ) and the time and place appointed to morrow morning in the little chamber near the parliament presence . on tuesday the th day of january , the committees in the bill concerning lessees and patentees ( who had been appointed on wednesday the th day of this instant january foregoing ) were this day appointed to meet to morrow the first day of february following in the afternoon in the little chamber near the parliament presence , and the judges there required to attend . the bill for retailing broakers and other pawn-takers was read secundâ vice , and was referr'd to the committees formerly appointed for that bill ( on saturday the th day of this instant january foregoing ) with addition of some lords , who met presently about the same , and returned the bill with some amendments ; which being presently twice read , the bill was commanded to be ingrossed . the bill for reformation of certain abuses touching wine-casks was returned by the earl of nottingham , the second of the committees , with some amendments ; which were presently twice read , and the bill commanded to be ingrossed . three bills of no great moment had each of them one reading ; of which the last being the bill concerning garret de malynes and john hunger merchant strangers was read primâ vice . the bill for establishing a jointure to anne lady wentworth was returned unto the house with some amendments , and a proviso thought meet to be added ; which amendments and proviso were twice read , and the bill commanded to be ingrossed . a motion was made from the house of commons by sir john fortescue and others , that some new time might be appointed for conference about the bill intituled an act to reform sundry abuses committed by souldiers , &c. in regard they had appointed some other meeting this afternoon for preparing of a bill of accomptants in readiness to proceed , their lordships having considered of the motion , made answer by the lord keeper , that they wished ( for some good consideration ) that the appointed time , viz. this afternoon might hold for this conference , supposing that if it pleased the committees of the house of commons to come somewhat the sooner this afternoon for this purpose , they might well enough perform both the one and the other . vide diem praecedentem . two bills lastly had each of them one reading ; of which the first being the bill for enabling of edmund mollineux esq to sell lands for payment of his debts and legacies , was read tertiâ vice , and sent down to the house of commons by serjeant drew and d r carew . vide concerning this matter on tuesday the th day , and on saturday the th day of december foregoing ; as also on thursday the th day , and on monday the th day of this instant january last past . on wednesday the first day of february , the bill intituled an act for the reviving , continuance , explanation , perfecting and repealing of divers statutes was returned to the house by the lord chief justice with some amendments , which were presently twice read , and thereupon commandment given to be prepared ready in written paper for a third reading . it was agreed that a conference should be had with some of the house of commons about this bill upon friday morning next . the bill for establishing of the lands given by john bedford's will was read secundâ vice , and committed ; which said committees were appointed to meet presently in the little chamber near the parliament presence , who returning with some amendments and a proviso thought meet to be added to the said bill , the said amendments and proviso were forthwith twice read , and the bill thereupon commanded to be engrossed . two bills had each of them one reading ; of which the second being the bill for confirmation of the jointure of the lady varney wife of sir edmund varney , was returned to the house by the earl of shrewsbury , the second of the committees , with some amendments , which were presently twice read , and thereupon commanded to be engrossed . the bill lastly concerning garret de malynes and john hunger , merchants strangers , was read secundâ vice ; and the parties on both sides are to be heard openly in the house by their councel learned on friday morning next . on friday the third day of february , to which day the parliament had been last continued on wednesday foregoing , three bills had each of them one reading ; of which the first being the bill for the establishing the lands given by john bedford's will &c. was read tertiâ vice , and sent to the house of commons by serjeant drew and doctor stanhop , for their consideration of the amendments and a proviso added . the amendments and a proviso in the bill for recovering of three hundred thousand acres more or less of waste marish and watery grounds , &c. were this day twice read , and thereupon commandment given that the said amendments should be written in paper , and the proviso ingrossed in parchment , ready for a third reading . four bills were brought up to the lords from the house of commons ; of which the first was the bill concerning a lease of great yearly value procured to be passed from her majesty by william kirkham the younger . the bill against deceitful stretching and tentering of northern cloths was returned to the house by the earl of shrewsbury , the first of the committees , with some amendments , and a proviso thought meet to be added ; which amendments and proviso were twice read , and commandment given that the said amendments should be written in paper and the proviso ingrossed in parchment ready for a third reading . the councel learned as well on the part of garrett de malynes , as of john hunger , &c. was openly this day heard in the house . i i de concerning this bill in fine diei praecedentis . report was made by the lord treasurer , what the substance of the conference was between their lordships and certain select members of the house of commons concerning the bill for reviving , continuing and repealing of divers statutes : and the same was referred to the lord chief justice and others for their further consideration . on saturday the th day of february the bill concerning broakers and pawn-takers , the bill against the deceitful tentering of northern cloths , and the bill for reviving , continuance and perfecting of divers statutes were each of them read tertiâ vice , and passed the house , and were sent down to the house of commons ( of which the two latter were returned ) for their consideration of certain amendments and provisoes added by their lordships . two bills had each of them one reading ; of which the second being the bill for confirmation of letters patents granted by the queens majesty to the mayor , &c. of the city of lincoln in the thirty ninth year of her reign for the taking the acknowledgment of statutes merchants , was upon the second reading committed unto the earl of shrewsbury , the earl of rutland , the bishop of bath and wells , the bishop of chester , the lord zouch , the lord windsor , the lord wharton , the lord rich ; and m r justice clinch to attend their lordships . the bill concerning garret de malynes and john hunger , merchants strangers , was read tertiâ vice . vide concerning this matter on wednesday the first day and on friday the third day of this instant february foregoing . the proviso added in the house of commons concerning the joynture of christian lady sands was this day twice read . the proviso thought meet by the committees in the bill concerning the draining and recovery from the water of certain overflowen grounds in the county of norfolk , was twice read and ordered to be ingrossed . a motion was made by the lord buckhurst , that the county of sussex might be added to the general bill of surrounded grounds . the like motion was made by the lord north and others for the counties of somerset and essex : whereunto the house assented . and the said three counties were accordingly added to the rest . on monday the th day of february , the bill for the confirmation of letters patents granted by the queens majesty to the mayor , &c. of the city of lincoln , &c. was returned to the house by the earl of shrewsbury , the first of the committees , with some amendments , and a proviso thought meet to be added . the bill that lessees may enjoy their leases against all patentees their heirs and assigns was returned to the house by the lord archbishop of canterbury , the first of the committees , with a proviso thought necessary to be added . excuse was made by the earl marshal for the absence of the earl of sussex , in regard of his unhealthiness . the like excuse was made by the bishop of rochester for the bishop of coventry and litchfield . four bills were brought up to the lords from the house of commons ; of which the first was for the more speedy payment of the queens majesties debts , &c. and the second against the excess of apparel . the bill for the explanation of an act for the necessary relief of souldiers and mariners , &c. the bill for the recovering of three hundred thousand acres of marsh-grounds more or less , with one other of no great moment , were each of them read tertiâ vice and passed the house , and were sent down to the house of commons by d r carew and d r stanhop . dominus custos magni sigilli continuavit praesens parliamentum usque in secundam horam post-meridian . at which time the amendments and proviso added by the committees to the bill for confirmation of letters patents granted to the mayor , &c. of the city of lincoln , &c. were twice read . the proviso also added by the house of commons to the bill for confirmation of the joynture of christian lady sandes , was read the third time , and thereupon the bill was expedited . three bills also had each of them one reading ; of which the first being the bill for the more speedy paying of the queens majesties debts , and for the better explanation of the act made anno o of the queen , intituled an act to make the lands , tenements , goods and chattels of tellors , receivors , &c. liable to the payment of their debts , was read secundâ vice . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum horâ nonâ . on tuesday the th day of february , three bills had each of them one reading ; of which the last being the bill against the excess of apparel , was upon the second reading committed unto the earl marshal , the lord admiral , the earl of northumberland and others . three bills were brought up to the lords from the house of commons by sir william knolles , sir john forteseue and others ; of which the second being the bill against decaying of towns and houses of husbandry was sent back with some amendments , which were presently twice read . the bill that lessees may enjoy their leases against all patentees their heirs and assigns , notwithstanding any default of payment of their rent during the time that the reversion or inheritance remained in the crown , was returned with some amendments by the lord chief justice , with a proviso thought meet to be added . which proviso and amendments were once read . a message was sent to the house of commons from their lordships by m r serjeant drew and m r doctor carew for a conference concerning the bill against excess of apparel , with a competent number of the said house , and the time and place was desired to be this afternoon by two of the clock in the great chamber of the upper house of parliament . dominus custos magni sigilli continuavit praesens parliamentum usque in horam secundam postmeridianam . at which time the amendments in the bill against decaying of towns and houses of husbandry were read secundâ vice . the amendments and provisoes thought meet to be added to the bill concerning patentees were read the second time , and thereupon commandment was given , that the said proviso should be ingrossed in parchment , and the amendments written in paper ready for the third reading . the bill for amendments of high-ways in the counties of sussex , surrey and kent was read secundâ vice . the bill for reviving , continuance , explanation and perfecting of divers statutes was returned with their allowance of the amendments and proviso added by their lordships . dominus custos magni sigilli continuavit praesens parliamentum usque in diem crastinum . on wednesday the th day of february , the amendments in the bill against decaying of towns and houses of husbandry were read the third time as they were ingrossed in the bill ; and thereupon the same bill with the amendments were expedited . the bill also for amendments of high-ways in the counties of sussex , surrey and kent , was read tertiâ vice and expedited . the bill that lessees may enjoy their leases against all patentees , &c. notwithstanding any default of payment of their rents during the time that the reversion or inheritance remained in the crown , was returned to the house of commons by doctor carew and doctor stanhop for their considerations of the said amendments and provisoes . no continuance of the parliament is entred in the original book of the upper house , which seemeth to have happened by the error of thomas smith esquire , at this time clerk of the same . on thursday the th day of february , seven bills were brought up to the lords from the house of commons ; of which the first being the bill for the further continuance and explanation of an act made in the thirty fifth year of the queens majesties reign that now is , was returned with the allowance of the amendments expedited . and the second bill for establishing a jointure to anne lady wentworth , now wife of william pope esquire , and for the better enabling of the said william pope to sell certain of his lands for the payment of his debts , was returned with some amendments , which were presently thrice read , and the bill was thereupon expedited , and five others of no great moment . dominus custos magni sigilli continuavit praesens parliamentum usque in horam tertiam postmeridianam . her majesty somewhat after the said hour of three this afternoon came unto the upper house , and being there sat with divers lords spiritual and temporal , the knights , citizens and burgesses of the house of commons , with christopher yelverton serjeant at law their speaker , having waited a good while at the said upper house door , were at length admitted into the said upper house , viz. as many of them as could conveniently get in ; and the said speaker having made his three reverences unto her majesty spake in effect as followeth . first he shewed the happiness of a common-wealth governed by laws , by which subjects are held in due obedience ; which her majesty observing , had now called a parliament for the preservation of some laws , amending of others , cutting off of unnecessary statutes , and the making of new , never before enacted ; and that her majesties subjects in this parliament , considering the strength of the realm to consist in the strength of the prince and subjects , and their strength to stand first in the hands of god , and next in provision of treasure ; and therefore ( said he ) your majesties most humble , dutiful and obedient subjects have by me their mouth and speaker presented here a free gift of their free and loving hearts ( and so with that he kneeled down and delivered the bill of subsidy , which the clerk of the crown received , and laid it on a little table standing before the speaker , betwixt two great wax-candles on a plain green carpet ) the which i hope and think was granted without a thought of no , sure i am without the word of a no. the second part shewed a commandment imposed on him by the house of commons which was touching monopolies or patents of priviledge , the which was a set and penned speech made at a committee . the third shewed a thankfulness of the house of commons for the pardon . the fourth and last contained the said speaker's own petition , that if any fault had been committed in the house , they might not be now again revived ; and if either he had spoken too much or not so much as in duty he ought to have done , he besought her majesties pardon ; and that as it had pleased her majesty to grant pardon to all her loving subjects , so that she would not exempt him alone , &c. after which speech ended the queen called sir thomas egerton lord keeper , to whom ( kneeling down before her ) she spake in private . and so after he went unto a place like a desk , made even with the cloth of estate on the right side , and there made answer to the speakers speech , which in effect was thus much . our most dread soveraign her excellent majesty hath given me in charge to say unto you and the rest of her loving subjects , that she doth thankfully accept of their free gift of subsidy granted by the commons , which she would not have required , had not the puissance of the enemy constrained her thereunto . secondly touching the monopolies , her majesty hoped that her dutiful and loving subjects would not take away her prerogative , which is the chiefest flower in her garden , and the principal and head pearl in her crown and diadem ; but that they will rather leave that to her disposition . and as her majesty hath proceeded to tryal of them already , so she promiseth to continue that they shall all be examined to abide the tryal and true touchstone of the law. thirdly , touching her pardon , her majesties pleasure is that i shew unto you , that you do not so willingly accept it , as she giveth it , &c. fourthly for your pardon ( m r speaker ) her majesty saith , that you have so learnedly , and so eloquently defended your self now , and painfully behaved your self heretofore , as that your labour deserveth double her thanks : but in your petition i must also join with you in beseeching her most excellent majesty , that if any thing through want of experience , or through mine imperfections and ignorance have over-slipped me , it may be pardoned and remitted . and so the lord keeper ended his speech . nota , that the several and interlocutory speeches of the speaker and of sir thomas egerton lord keeper , &c. immediately foregoing , with the coming of the said speaker and the rest of the house of commons into the upper house . are not found in the original journal book of the same house , but are here inserted out of a certain fragmentary journal of the house of commons . after the before-recited speeches were ended as abovesaid , then were the titles of all the acts read in their due order . after the passing the acts , followed the dissolution of the parliament in these words , viz. dominus custos magni sigilli ex mandato dominae reginae tune 〈◊〉 it praesens parliamentum . nota , that although after these words ex mandato dominae sometime the word praesentis doth follow at the end of divers of these journals during the queens reign , where the dissolution of the parliament is usually entred ; yet elsewhere the said word praesentis is divers times omitted , as well as in this place , as being in it self superfluous , in respect that the aforesaid words ex mandato dominae reginae , &c. do necessarily imply the royal presence ; for otherwise in her absence there could be no such dissolution by her highness command only , without an express commission or letters patents under the great seal to that purpose : and howsoever the said words be here omitted , yet it is most certain , that her majesty was both personally present at that time in the upper house , and gave her royal assent also to such laws as passed , as doth appear most plainly by that fragmentary journal of the house of commons taken by a member of the same at this parliament , as is before more particularly mentioned at the end of the lord keepers speech delivered this very afternoon in answer to the commons speaker or prolocutor . nota also , that whereas in the last parliament in an . regin , eliz. anno domini . the knights , citizens and burgesses of the house of commons had , not without long and great debate both with the lords of the upper house , and by themselves , at length yielded unto the grant of three intire subsidies and six fifteenths and tenths , and had then also given with that caution , that it might not hereafter be drawn into a precedent for future times : yet now at this present parliament de an . , & regin . eliz. a. d. . the same proportion . and in the parliament ensuing , which was held in an . regin . ejusdem anno dom. . ( which was the last parliament of her majesties reign ) a greater , viz. of four subsidies and eight fifteenths and tenths was again yielded unto : whence it is plain , that whatsoever is once granted by the subject may often be raised , but seldom falleth . the journal of the house of commons . a journal of the house of commons in the parliament holden at westminster , anno reginae eliz. anno domini . which began there on monday the th day of october , and then and there continued until the dissolution thereof , on thursday the th day of february anno reginae ejusdem . this present journal of the house of commons is not only abundantly stored with many and sundry passages touching the orders , use and priviledge of the house it self ; but containeth in it excellent matter touching the publick affairs of church and state : in which also her majesty was most graciously pleased to give the said house free liberty to reform some abuses of the first , and to search into the dangers of the latter . and that this said journal might be the more exact and copious , in some few places the defects thereof are supplied out of the original journal-book of the upper house , and out of a certain imperfect and fragmentary journal of the house of commons . the ninth parliament of our soveraign lady elizabeth , by the grace of god of england , france and ireland queen , defender of the faith , &c. begun at westminster upon monday being the th day of october in the thirty ninth year of her majesties reign . upon which day many of the knights of the shires , citizens of cities , burgesses of boroughs and barons of ports did make their appearance at westminster , being returned into the same parliament for the same shires , cities , boroughs and ports , before the right honourable the earl of nottingham , lord steward of her majesties most honourable household : and did then and there in the room commonly called the court of requests , take the oath of supremacy , seven or eight at a time ( being enacted by and contained in the statute de an . reginae eliz. cap. . ) before the said lord steward , and before sir william knolles knight comptroller of her majesties houshold , sir john fortescue chancellor of the exchequer , and sir robert cecill principal secretary , his lordships deputies . and thereupon the said knights , citizens , burgesses and barons entring into their own house , and expecting her majesties further pleasure , her highness then being in her royal seat in the higher house of parliament , the said commons were commanded to come before her highness , and being there assembled , the right honourable sir thomas egerton knight , lord keeper of the great seal of england , delivered unto the said commons the causes of her majesties calling of this parliament ; and so in the end willed them to repair again into the said house of commons , and there to make choice of their speaker according to the former laudable usage and custom of the same house in that case accustomed ; and willed them to present him unto her majesty upon the thursday next following . which done , the said commons presently repaired unto their own house , and there being assembled and sitting some space of time very silent , at last the right honourable sir william knolls one of her highness most honourable privy council and comptroller of her majesties household , stood up and spake to the effect following . necessity constraineth me to break off this silence , and to give others cause for speech . according to the usual custom we are to chuse our speaker , and though i am least able and therefore unfit to speak in this place , yet better i deem it to discover my own imperfections , than that her most sacred majesties commandment to me delivered should not be fulfilled , or your expectation of this first days work by all our silences to be in any sort frustrate . first therefore i think it very expedient to remember the excellent and learned speech of that good man my lord keeper , ( at which all of us , or the most part of us at the least , were present ) who very wisely shewed the cause of calling this honourable assembly , shewing unto us that it is partly for the reforming those laws which be amiss , partly quite to repeal others , partly to augment those that be good , and partly to enact new laws , both for the honour and profit of her majesty and for the benefit of the common-wealth . and in conclusion wished us to depart from whence we came and there to chuse our speaker , who ought to be the mouth of us all , and to whom we might commit such weighty affairs as in this place should be debated amongst us . for unfit it is if we have occasion to go unto the sacred presence of her majesty , to go either confusedly without order , or unorderly without judgment . now because that knowledge doth rest in certainty , i will with the more speed set afoot this motion , deliver my opinion unto you , who is most fit for this place , being a member of this house , and those good abilities which i know to be in him ( here he made a little pause , and the house hawked , and spat , and after silence made he proceeded ) unto this place of dignity and calling in my opinion ( here he stayed a little ) m r serjeant yelverton ( looking upon him ) is the fittest man to be preferred ( after which words m r yelverton blushed , and put off his hat and after sate bare-headed ) for i am assured that he is yea , ( and i dare avow it ) i know him to be a man wise and learned , secret and circumspect , religious and faithful , no way disable but every way able to supply this place . wherefore in my judgment i deem him ( though i will not say , best worthy amongst us , yet ) sufficient enough to supply this place ; and herein if any man think i err , i wish him to deliver his mind as freely as i have done ; if not , that we all join together in giving general consent and approbation to this motion . so that the whole house cried i , i , i , let him be . and then master comptroller made a low reverence , and sat down ; and after a little pause and silence , m r serjeant yelverton rose up , and after a very humble reverence made spake in effect thus much . whence your unexpected choice of me to be your mouth or speaker should proceed , i am utterly ignorant . if from my merits , strange it were that so few deserts should purchase suddenly so great an honour . nor from my ability doth this your choice proceed ; for well known it is to a great number in this place now assembled , that my estate is nothing correspondent for the maintenance of this dignity : for my father dying left me a younger brother , and nothing to me but my bare annuity . then growing to mans estate and some small practice of the law , i took a wise by whom i have had many children , the keeping of us all being a great impoverishing to my estate , and the daily living of us all nothing but my daily industry . neither from my person or nature doth this choice arise ; for he that supplieth this place ought to be a man bigg and comely , stately and well spoken , his voice great , his carriage majestical , his nature haughty and his purse plentiful and heavy : but contrarily , the stature of my body is small , my self not so well spoken , my voice low , my carriage lawyer-like and of the common fashion , my nature soft and bashful , my purse thin , light and never yet plentiful . wherefore i now see the only cause of this choice is a gracious and favourable censure of your good and undeserved opinions of me . but i most humbly beseech you recal this your sudden election ; and therefore because the more sudden , the sooner to be recalled . but if this cannot move your sudden choice , yet let this one thing perswade you , that my self not being gracious in the eye of her majesty , neither ever yet in account with any great personages , shall deceive your expectation in those weighty matters and great affairs which should be committed unto me . for if demosthenes being so learned and eloquent as he was one whom none surpassed , trembled to speak before phocion at athens , how much more shall i being unlearned and unskillful , supply this place of dignity , charge and trouble to speak before so many phocions as here be ? yea , which is the greatest , before the unspeakable majesty and sacred personage of our dread and dear soveraign ; the terror of whose countenance will appall and abase even the stoutest heart ; yea whose very name will pull down the greatest courage . for how mightily doth the estate and name of a prince deject the haughtiest stomach even of their greatest subjects ? i beseech you therefore again and again to proceed unto a new election , here being many better able , more sufficient and far more worthy than my self , both for the honour of this assembly and general good to the publick state. thus far out of the aforesaid fragmentary and imperfect journal , the rest that follows is out of the original journal-book it self . after which speech of serjeant yelverton's , the right honourable sir john forteseue knight , one other of her highness said most honourable privy-council and chancellor of her majesties exchequer , stood up and affirming all the said former speech of the said m r comptroller in the commendation and good parts of the said m r serjeant yelverton ; and inferring further that he the said m r chancellor had well perceived by the said m r serjeants own speech , tending to the disabling of himself to the said place , that he was thereby so much the more sufficient and meet for the same . and so for his part likewise nominating the said m r serjeant yelverton to be their speaker , moved the house further for their liking and resolution therein , who all with one accord and consent yielded unto the said election . whereupon the said m r comptroller and m r chancellor did rise up and place the said m r serjeant yelverton in the chair . which done , the said m r serjeant after some small pause stood up , and giving unto the whole house most hearty thanks for their good opinions and conceit of him , signified unto them nevertheless , that by their good favours he would endeavour when he should come before her majesty , to be an humble suitor unto her highness to be discharged of the said place , if he so could . and immediately the house did rise , and were to meet there again upon the thursday next following . on thursday the th day of october , the house being set , and before m r speaker went up to her majesty in the upper house , m r chancellor of the exchequer moved and admonished that none of this house should after this present day enter into the same house with their spurs on , for offending of others , and withal that none do come into this house before they have paid the serjeants fees of this house due unto him according to the accustomed usage of this house in that case . m r speaker with the greatest number of the members of this house after their abiding along time silent , and attending her majesties pleasure , from the upper house to be sent for thither , did go out of this house towards the said upper house , there to be the more near and ready to come before her highness in the said upper house , at such time as her majesty should please to send for them . and afterwards being admitted , and the said speaker presented and allowed by her majesty according to the usual form in that case accustomed , and returning back again from the said upper house , attended by the serjeant of this house , bearing the mace before him , upon his aforesaid allowance in the upper house in the said place of prolocutor he took his place in the chair , and being there set signified unto the house , that whereas in former times the order was to have a bill read before the house did rise , the same could not be so done at this time , because her majesty had in the upper house adjourned this parliament till saturday next come seven-night , being the th of november next coming , at eight of the clock in the forenoon of the same day , till which time he and all the members of this house might depart and take their ease . and so then every man went his way . nota , that this was a mistake of m r serjeant yelverton now speaker of the house of commons , for the adjournment in the upper house did not nor could not hinder the reading of a bill in the house of commons , upon the allowance of their speaker in the said upper house , and their return from it , according to the antient use and custom , although the adjournment of the parliament by her majesty being present in the said house is for the most part accounted an adjournment of both the houses . to make which truth more clear , there shall need no other precedent to be cited than that in the last parliament de an. regin . eliz. where edward cooke esquire the queens sollicitor being chosen speaker of the beforementioned commons house was presented unto her majesty upon thursday the th day of february , and the words there were , dominus custos magni sigilli ex mandato dominae reginae continuavit praesens parliamentum , &c. to the next saturday following ; ( by which very words the parliament was also continued at this time unto the saturday seven-night after . ) and then upon the return of the said m r cooke their speaker to the house of commons in the said thirty fifth year of her majesty , an ordinary bill touching the pleading of a bar at large in an ejectione firmae , had its first reading ; although after the reading he there declared , that it was her majesties pleasure that the said house should be adjourned and not meet again until the said saturday , on which the upper house met again also . and therefore it is plain , that m r serjeant yelverton did at this time not only commit a great error in omitting to read some one bill or other according to the usual custom , but was also much mistaken in informing the house that it had been adjourned and so now stood adjourned by those words which the lord keeper had spoken in the upper house ; for his lordship at this time , as appears plainly by the original journal-book of that house , did only continue the parliament and not adjourn it ; which words although spoken by the queens commandment being personally present , do only concern the said upper house , and reach not at all unto the house of commons , as was directly declared by the lord keeper himself in the next parliament ensuing , in an. regin . eliz. after that m r john crooke , m r recorder of london , their speaker , upon his allowance in and return from the said upper house , on friday the th day of october in an. eodem , had by a like mistake misinformed the house that it was adjourned , and so caused it to rise without the reading of any bill . and therefore here once for all i have caused the true differences as i conceive in this kind to be here inserted , viz. if the lord keeper by the queens commandment being personally present , had either prolonged or adjourned the parliament , or that her majesty with her own mouth had pronounced the said words , or had caused the same to have been done by a commission under the great seal in her absence ; in all these cases it had reached alike both unto the upper house ; and unto the house of commons . but if the queens majesty had with her own mouth continued the parliament , as she did here command the lord keeper to do it ; yet this had only concerned the upper house , so that the lords could not have met again until the day to which the said parliament had been continued ; but the said house of commons , whom the said continuance concerned not , might have met each day without intermission , and have agitated such businesses , and have given reading to such bills , as offered themselves . and lastly , if the lord keeper or lord chancellor for the time being do at any time adjourn or continue the parliament to a further day , as of course he doth one of them for longer or shorter time , every day the upper house riseth , and that he doth it not by command or commission from the soveraign for the time being , but do it of course as is aforesaid , this concerns only the upper house , and the house of commons are neither bound to take notice of it nor to surcease any of their daily proceedings upon it . on saturday the th day of november the house met about eight of the clock in the morning , having through a meer mistake and error of the speaker and themselves conceived their house to have been adjourned by the lord keeper , the first day of the parliament , unto this present saturday , as is more largely declared in fine diei praecedentis . nota also , that some part of the passages of this present saturday following are transcribed out of the before-recited fragmentary and imperfect journal . m r speaker this morning , according to the usual course , brought in a prayer to be used in the house during this parliament , which was as followeth . oeternal god , lord of heaven and earth , the great and mighty councellor , we thy poor servants assembled before thee in this honourable senate , humbly acknowledge our great and manifold sins and imperfections , and thereby our unworthiness to receive any grace and assistance from thee ; yet most merciful father since by thy providence we are called from all parts of the land to this famous council of parliament to advise of those things which concern thy glory , the good of thy church , the prosperity of our prince , and the weal of her people , we most intirely beseech thee , that pardoning all our sins in the blood of thy son jesus christ , it would please thee by the brightness of thy spirit to expel darkness and vanity from our minds , and partiality from our speeches ; and grant unto us such wisdom and integrity of heart as becometh the servants of jesus christ , the subjects of a gracious prince , and members of this honourable house . let not us , o lord , who are met together for the publick good of the whole land , be more careless and remiss than we use to be in our own private causes . give grace ( we beseech thee ) that every one of us may labour to shew a good conscience to thy majesty , a good zeal to thy word , and a loyal heart to our prince , and a christian love to our country and common-wealth . o lord , so unite and conjoin the hearts of her excellent majesty and this whole assembly , as they may be a threefold cord not easily broken , giving strength to such godly i aws as be already enacted , that they may be the better executed , and enacting such as are further requisite for the bridling of the wicked and the encouragement unto the godly and well affected subjects : that so thy great blessing may be continued towards us , and thy grievous judgments turned from us . and that only for christ jesus sake , our most glorious and only mediator and advocate , to whom with thy blessed majesty and the holy ghost be given all honour and praise , power and dominion from this time forth for evermore . amen . m r francis bacon spake first , after that one bill mentioned in the original journal-book of the house of commons had been read the first time , viz. the bill against forestallers , regrators and ingrossers , and made a motion against inclosures and depopulation of towns and houses of husbandry and tillage . and to this purpose he brought in , as he termed it , two bills not drawn with a polished pen , but with a polished heart , free from affection and affectation . and because former laws are medicines of our understanding , he said , that he had perused the preambles of former statutes , and by them did see the inconveniencies of this matter , being then scarce out of the shell , to be now full ripened . and he said , that the over-flowing of the people here , makes a shrinking and abate elsewhere ; and that these two mischiefs , though they be exceeding great , yet they seem the less , because qui mala cum multis patimur , leviora videntur . and though it may be thought ill and very prejudicial to lords that have inclosed great grounds , and pulled down even whole towns , and converted them to sheep-pastures ; yet considering the increase of people and the benefit of the common-wealth , i doubt not but every man will deem the revival of former moth-eaten laws in this point a praise-worthy thing . for in matters of policy ill is not to be thought ill ; which bringeth forth good . for inclosure of grounds brings depopulation , which brings first idleness , secondly decay of tillage , thirdly subversion of houses , and decay of charity , and charges to the poor , fourthly impoverishing the state of the realm . a law for the taking away of such inconveniences is not to be thought ill or hurtful unto the general state. and i would be sorry to see within this kingdom , that piece of ovids verse prove true , jam seges ubi troja fuit , so in england , instead of a whole town full of people , nought but green fields , but a shepherd and a dog. the eye of experience is the sure eye , but the eye of wisdom is the quick-sighted eye ; and by experience we daily see , nemo putat illud videri turpe , quod sibi sit quaestuosum . and therefore there is almost no conscience made in destroying the savour of the life , bread i mean , for panis sapor vitae . and therefore a strict and rigorous law had need to be made against those viperous natures who fulfil the proverb , si non posse quod vult , velle tamen quod potest ; which if it be made by us , and life given unto it by execution in our several counties , no doubt but they will prove laws tending to gods honour , the renown of her majesty , the same of this parliament , and the everlasting good of this kingdom . and therefore i think them worthy to be read and received . thus far out of the aforesaid fragmentary and imperfect journal : that which follows is out of the original journal-book it self . in the end of which said speech , as it should seem , the said m r bacon did move the house that a committee might be appointed to consider of the said matter touching inclosures . which done , sir john fortescue chancellor of the exchequer in like manner shewed his opinion in this case , much answerable to the said speech of the said m r bacon ; and so moving for a committee to that end , the house did nominate all the privy council being members of this house , all the knights of the counties and all the citizens of the cities returned into this present parliament , sir edward hobby , m r francis bacon , m r nathaniel bacon , sir wiliam moore , m r sollicitor , m r finch and divers others , who were appointed to meet in the exchequer chamber at two of the clock in the afternoon of this present day . m r finch shewing sundry great and horrible abuses of idle and vagrant persons greatly offensive both to god and the world ; and further shewing the extream and miserable estate of the godly and honest sort of the poor subjects of this realm , moved for a committee of this house to be selected for consideration to be had for redress thereof . whereupon the same was referred to the former committees in the bill touching inclosures and converting of tillage into pasture . m r speaker putteth the house in remembrance for a committee to be nominated to deal and travel in the examination of such causes as shall occur in this house touching priviledge and returns during this present sessions of parliament , and from time to time to make report to this house of their travel and proceedings therein , as occasion shall serve . whereupon were nominated all the privy council being members of the house , sir william moore , m r recorder of london , sir thomas knivet , m r attorney of the dutchy , m r attorney of the court of wards , m r doctor heyward master of the requests , m r luke , m r edward lukenour , m r william cecill , m r robert wroth , sir william eyre , sir francis hastings , m r miles sandes , m r michael stanhop , m r francis bacon , sir edward hobbie , m r sollicitor , m r tasbrough , m r conisby , m r george moore , sir edward hastings , m r finch , m r crew m r peak , m r serjeant hayle , m r lyel , m r jeram horsey , m r hubbard , m r amersam , m r edward boer , m r litten m r nathaniel bacon , m r angeire , m r combes and m r robert knolls , who were appointed to meet upon monday next at two of the clock in the afternoon in the star-chamber . sir thomas knivet , being a member of this house returned one of the citizens of the city of westminster shewed unto this house , that being a member of this house , he was since the beginning of this parliament served with a subpoena to appear in the chancery , which he taketh to be done to the infringing of the priviledge and liberties of this house . wherein praying the consideration of this house in that behalf , he is referred to attend the committees formerly nominated at the said time and place , before appointed . vide november . the bill for taking away of clergy from offenders against a statute made in hen. . concerning the taking away of women against their wills unlawfully , was read the first time . on monday the th day of november , four bills of no great moment had each of them one reading ; of which the last being the bill against forestallers , regrators and ingrossers was upon the second reading committed unto m r chancellor of the exchequer , m r francis bacon , the citizens for london , york , coventry , bristol and gloucester , m r nathaniel bacon and others , who were appointed to meet upon wednesday next in the exchequer chamber at two of the clock in the afternoon ; and the bill and committees names were delivered upon tuesday next following to m r chancellor of the exchequer one of the committees . the bill for taking , away of clergy from offenders against a statute made in the third year of h. th concerning the taking away of women against their wills unlawfully , was upon the second reading committed unto m r sollicitor , m r peutridge , m r recorder of london , m r bayes , mr. finch , mr. bourcher and mr. duport , to go presently together into the committee chamber of this house ; who taking the bill with them and returning again very soon after , they had inserted into the bill these words , viz. [ hereafter to be committed . ] which words being read unto the house , and not well liked of , were strucken out , and these words were set down therein by the consent of the house , viz. [ to be committed after the end of this present session of parliament ] and were then twice read . and so the bill upon the question was ordered to be ingrossed . on tuesday the th day of nov. two bills of no great moment had each of them one reading ; of which the second being the bill touching the transporting of sheep-skins and pelts , was read the first time . mr. george moore shewed the great and burthensome charge of the subjects of this realm , being compelled upon great penalties with the keeping and having of sundry sorts of armour and weapons which are altogether unprofitable for any use or service , and are charged nevertheless with the finding and providing of such other armour and weapons besides from time to time , as the captains which were appointed to take charge , upon any occasion of service will call for and appoint at their own pleasure . and so for redress thereof , and for some certainty to be set down by law touching the having and keeping of such armour and weapons , moved that a selected number of this house may be appointed to have conference and consideration about the same . whereupon were named for that purpose m r comptroller , sir george carey , sir george gifford , sir thomas conisby , sir thomas cecill , sir henry bromley , sir francis hastings , sir edward hastings , m r thomas knivet , m r george moore , sir edward hobby , sir william brereton , mr. leonard , sir john stacy , sir henry norris , mr. francis bacon , sir edmund carey , sir william moore , mr. recorder , mr. francis moore , mr. edmond boyer , sir richard knightley , sir gervase clifton , the knights for all shires , sir anthony cope , all deputy lieutenants of shires being members of this house , sir henry bamfield , mr. oglethorp , mr. miles sandes , mr. warwick heyle , sir henry nevill , mr. francis foscue , sir william woolgrave , sir william aire , sir henry gawdie , sir robert southwell , mr. lieutenant of the tower , mr. henry finch , mr. bourchier , mr. boyes , mr. attorney of the dutchy , mr. attorney of the wards , mr. john boyer , mr. edward lewkenor , mr. robert sackvile , mr. tasbrough , mr. francis goodwyn , mr. angier , mr. emersam , mr. john lees and mr. adrian gilbert , and appointed to meet in this house upon saturday next at two of the clock in the afternoon ; and the committees names were delivered to mr. comptroller . two bills had each of them one reading ; of which the second being the bill for the due performance of the last will and testament of george durant , was upon the second reading committed unto sir edward hobbie , mr. francis bacon , mr. francis moore , mr. wimarke , sir robert wingfeild , mr. john wingfeild , mr. oglethorpe , sir thomas cecill and mr. james harrington , who were appointed to meet to morrow in the afternoon in the exchequer court at two of the clock ; and the bill was delivered to sir thomas cecill one of the said committees . sir francis hastings moved for the abridging and reforming the excessive number of superfluous and burthensom penal laws . which motion being seconded by mr. francis bacon and others , the consideration of the managing thereof was committed unto all the privy-council being members of this house , all the serjeants at law being likewise members of this house , all the lawyers of this house , mr. miles sandes , mr. tasbrough , mr. george moore , mr. lewkenor , mr. nathaniel bacon , mr. george rotheram , mr. stephenson , mr. conisbie , mr. dykes , mr. crompton and others , and all the knights for the counties and for the city of london returned into this house , sir william moore , sir edward hobbie , mr. heyle , sir thomas hobbie and mr. hubbard , who were appointed to meet in this house upon thursday next at two of the clock in the afternoon . mr. brograve attorney of the dutchy , one of the committees for the examination of matters of priviledge and of returns , ( whose names see on saturday the th day of this instant november foregoing ) shewed , that he and sundry others of the committees had met together about those businesses , according to the charge of this house in that behalf imposed upon them ; and that the other committees did appoint him to make report unto this house of their travels in this said business : and shewed , that as concerning the liberties and priviledges of the members of this house , they are of opinion , that the serving of the subpoena upon mr. thomas knivet , one of the members of this house , signified by himself unto this house on saturday immediately foregoing , is a manifest contempt committed against this whole house , to the apparent prejudice of the liberties and priviledges of this house , as by some precedents under the clerk of this house his hand , in like former cases accustomed , and shewed further unto the said committees , it did appear ; in that by reason of such process served upon any member of this house , the same member so served with such process must needs of force be withdrawn from his service in this house , both in his mind and in his person , by the meer necessity of following his own private business occasioned by the said process so served upon him : and therefore do resolve , that the said mr. thomas knivet ought to be freed from the serving of the said subpoena . and because the said mr. knivet affirmed unto the said committees , that the parties that served the said subpoena upon him did execute the same in very dutiful and lowly manner ; and that also the said party being examined by the said committees did affirm and protest unto them , that he did not know the said mr. knivet to be a member of this house , when he served him with the said subpoena , the committees were of opinion to have the said party remitted without any further punishment to be inflicted upon him for the same , if this house should so think good , and else not . and where one precedent in quinto of queen mary was shewed unto the said committees , whereby it appeared that a member of this place at that time being served with a subpoena out of the chancery in parliament time , was upon declaration thereof made unto this house allowed to have the benefit and priviledge of this house ; and for the due accomplishment thereof , this house did then send two members of the same to the then lord chancellor of england , requiring his lordship in the name of this whole house to revoke the said subpoena , as by the same precedent may appear ; he shewed that the resolution of the said committees in this case , for the said mr. knivet , is , that in like manner two of the members of this house may be sent by the order of this house in the name of the whole house , to the now lord keeper , to require his lordship to revoke the said subpoena served upon thesai d mr. knivet , if this house shall so think good . and further , as concerning returns , that he and the residue of the committees had seen the return of the sheriff of the county of dorset for the electing into this parliament the burgesses of the borough of weymouth and melcomb regis , heretofore two distinct boroughs , but of late years united and incorporated into one by her majesties letters patents , with ability and priviledge nevertheless to elect four burgesses into the parliament as in former times they had used to do , when they were distinct boroughs . and that the mayor , bayliffs , commonalty and burgesses of weymouth and melcomb regis had upon the sheriffs precept directed unto them elected four burgesses , and returned them under the seal of their corporation , and that the bayliffs have elected two others besides , which four burgesses are certified into this house from the clerk of the crown , and are sworn into the same house accordingly ; but the said other two burgesses are neither certified nor sworn into this house , neither elected by precept from the said sheriffs for any thing the said committees could perceive . and that therefore their opinion was , that the said four burgesses so as aforesaid duly and orderly elected and returned , should still continue members of this house , and not the other two so indirectly returned , if it shall be so thought good unto this house ; for that the said two burgesses , if they find themselves aggrieved or injured in the said election , may take their remedy against the sheriffs . all which being recited unto the house by mr. speaker , it was ordered thereupon , that sir edward hobby , and the said mr. attorney of the dutchy should be sent by this house unto the said lord keeper with the said message touching the said subpoena , and the party that served the same subpoena should be discharged , and the said four burgesses for weymouth and melcomb regis continued accordingly . mr. wingfield reneweth in some parts a motion of mr. francis moore delivered yesterday in this house touching sundry enormities growing by patents of priviledge and monopolies , and the abuses of them , together with some speeches therein then had by mr. secretary ; and mr. sollicitor making some reply , mr. nathaniel bacon seconded the said mr. wingfield : which done , sir francis hastings moved for a committee to take particular informations of the abuses of the said patents of priviledge , the better to be instructed in the courses of the same , for the more ready preparation to further means for redress to be had therein ; but it was then no further proceeded in by reason the day was far spent . vide concerning this business on wednesday the th day , thursday the th day , and wednesday the th day of this instant november ensuing , as also on wednesday the th day of december following , where it was agitated by the house , but nothing concluded in it ; only the speaker moving her majesty about it the last day of this parliament , she promised reformation therein . on wednesday the th day of november , two bills had each of them one reading ; of which the second being the bill to suppress multitude of maulsters , was upon the second reading committed unto sir robert wroth , mr. hubberd , the burgesses of york , hull , worcester and gloucester , and m r nathaniel bacon and others , and the bill was delivered to sir robert wroth , who with the rest was appointed to meet at two of the clock in the middle-temple hall. vide jan. . two bills of no great moment had each of them one reading ; of which the second being the bill for amendment of weavers and spinners wages was read the first time . sir edward hobbie shewed , that himself and mr. brograve attorney of the dutchy , have according to the direction of this house unto them , been with the lord keeper of the great seal , and in the name of this whole house did require his lordship to revoke two writs of subpoena which were served upon mr. thomas knivett a member of this house since the beginning of this sessions of parliament ; and that his lordship thereupon demanded of them whether they were appointed by any advised consideration of this house to deliver their message unto him with the word require in such manner as they had done or no ; and that they answered his lordship , yea. and that his lordship then said , that as he thought very reverently and honourably of this house , and of the liberties and priviledges of the same , so to revoke the said subpoena in that sort , was to restrain her majesty in her greatest power , which is justice , in the place wherein he serveth under her : and that he said he would be further advised before his giving answer to this house , as the house was advised to send unto him the said message . vide concerning this business on saturday the th day , and on thursday the th day of this instant november foregoing . but what further proceeding ensued touching the serving of the said subpoena is not found in the original journal-book of the house of commons ; but it 's likely the lord keeper did further satisfie the house . after this report made , the house ( but upon what occasion is not set down ) began to name committees touching monopolies and patents of priviledge ; of which sir john fortescue chancellor of the exchequer , mr. barker , mr. lawrence hide , and some nine others being appointed , mr. secretary cecill moved the house , that the day being now far spent and the business in agitation of great weight , the nominating of the said committees might be deferred till the day following , and that then also it might be discussed and set down touching what matters the said committee should treat . whereupon upon the question it was deferred accordingly . vide plus concerning this matter on tuesday the th day of this instant november foregoing . on thursday the th day of november , the bill for the establishing of the town lands of wanting in the county of berks to the relief of the poor , amendments of high-ways , and maintaining of a school-master within the town of wanting aforesaid , was upon the second reading committed unto mr. comptroller , the knights for the county of berks , mr. henry nevill , sir humphrey foster , m r sollicitor , mr. francis moore , mr. oglethorpe , mr. lawrence hide , mr. 〈◊〉 , mr. tasbrough , and mr. oldsworth ; and the bill was delivered unto m r francis moore , who with the rest was appointed to meet upon saturday next at two of the clock this afternoon in this house . three bills also of no great moment had each of them one reading ; of which the last being the bill for re-edifying the town of langsord estover in the county of somerset , was upon the second reading committed unto the knights for the county of somerset , sir francis hastings and others ; and the bill was delivered to sir francis hastings , who with the rest was appointed to meet upon monday next at two of the clock in the afternoon in the middle-temple hall. the bill for taking away clergy from certain offenders , was sent up to the lords by m r comptroller , m r chancellor and others ; in the mean time whereof , and before they were gone into the upper house , they met m r doctor stanhop by the way with a message to this house , and so returned back to this house till the said message was delivered by the said mr. doctor stanhop , who coming from the lords said he had a private message from their lordships to mr. speaker , and so speaking unto the speaker and departing , again , mr. speaker did thereupon tell this house , that the lord keeper did send privately unto him from the lords to know whether this house had expedited any bill to send unto their lordships . the bill for amendment of weavers and spinners wages was read the second time , and upon the question committed unto mr. chancellor of the exchequer , sir william moore , mr. martin , the burgesses of nottingham and derby , mr. nathaniel bacon and others ; and the bill with a note of the committees names was delivered to sir william moore , who with the rest was appointed to meet to morrow at two of the clock in the afternoon at the guild-hall . mr. walgrave moved touching the abuses of licences for marriages granted by ecclesiastical persons , and prayeth consideration may be had for reformation thereof by this house . mr. davies reneweth the motion touching monopolies and the abuses of patents of priviledge . whereupon after sundry other speeches of other members of this house , some of them tending to urge the nomination of committees in regard it was yesterday ordered upon the question that there should be a committee for that purpose , these committees following were nominated , all the privy council being members of this house , sir francis hastings , sir edward hastings , sir henry bromley , mr. foulke grevil , sir william cornwallis , all the knights of all shires , mr. francis moore , mr. oldsworth , mr. lawrence hide , the burgestes of rochester , mr. robert wingfield , sir robert wroth , mr. francis bacon , mr. henry yelverton , the burgesses of all port towns , sir thomas egerton , mr. nathaniel bacon , mr. henry nevil , mr. john bowyer , sir william moore , the knights and citizens for london , the citizens for york , mr. tasbrough , mr. jerom horsey , mr. davies , mr. hubberd , mr. doctor crompton , mr. finch , mr. edmund boyer , mr. hext , mr. jackman , mr. hicks , mr. john harper , mr. angier , sir william howard , sir john lewson , mr. bourcher , mr. pembridge , mr. henry lewsey , mr. conisbie , mr. jackson , mr. portington , burgesses of derbie , who were appointed to meet upon tuesday next in this house at two of the clock in the afternoon . vide concerning this business on tuesday the th day of this instant november foregoing . on friday the th day of november , four bills of no great moment had each of them one reading ; of which the first was the bill concerning the hospital of warwick . mr. robert wing field , mr. doctor james and mr. simnell do shew sundry great abuses by licences for marriages without banes , granted by registers and other inferiour officers : whereupon sir thomas cecill moved for a committee for drawing of a bill for reformation thereof . whereupon were nominated sir thomas cecill , mr. simnell , mr. finch , mr. doctor james , mr. nathaniel bacon , mr. robert wingfield and others , who were appointed to meet to morrow at two of the clock in the afternoon in grayes-inn . mr. hext moved touching the abuses of probates of wills. sir francis hastings shewed , that the committees in the motion touching inclosures and tillage , and in the motion touching the punishment of rogues and relief of the poor ( who were appointed on saturday the th day of this instant november foregoing ) had spent all their travel hitherto only about the said inclosures and tillage , and nothing about the said rogues and poor , and signifying that some members of this house have travelled for framing of two or three bills for that purpose of rogues and poor , moved that those bills might be received into the house to be further considered of ; and so it was thereupon yielded unto by the house accordingly . sir edward hobbie moved for a committee for continuance of statutes . whereupon were nominated mr. attorney of the dutchy , and mr. attorney of the court of wards , sir robert wroth , mr. sollicitor , sir edward hobbie , mr. francis moore , mr. bourcher , mr. francis bacon , all the serjeants at law being of this house , sir william moore and others , and a note of the committees names delivered to sir robert wroth , who with the rest was appointed to meet upon thursday next at the inner-temple hall at two of the clock in the afternoon . on saturday the th day of november , four bills of no great moment had each of them one reading ; of which the last being the bill for the repeal of the statute of the twenty third of the queens majesty , intituled , an act for the encrease of mariners and maintenance of the navigation , was upon the second reading committed unto all the burgesses of the port towns , all the citizens for london , york , hull and norwich , the burgesses of caernarvon , mr. miles sandes and others ; and the bill was delivered to the said mr. sandes , who with the rest was appointed to meet on monday next at two of the clock in the afternoon in the middle-temple hall. m r george moore , one of the committees for priviledges and returns ( whose names see before on saturday the th day of this instant november ) shewed the differences for the returns of ludlow , before the committees , which grew from the sheriffs directing of his precept to the bayliff of the borough of ludlow in the singular number , whereas it should have been to the bayliffs thereof in the plural ; and thereupon the house was divided , whether the sheriff who might through hast or want of experience run into that error , ought to be punished , or the town of ludlow , which had , as might well be concluded , wilfully made use of that his error . mr. francis moore , mr. nathaniel bacon , mr. edward lewkenor and others urging , that the town ought to be amerced ; and mr. bourchier , mr. recorder of london , mr. pelham , and others urging , that the sheriff ought to be amerced : it was upon the question referred to the former committees , and if it cannot be divided by them , then they are to learn the opinion of some of the judges . the bill against the counterfeiting of the hands of the lords was read the second time , and upon the question was committed unto all the privy-council being members of this house , all the serjeants at law which are of this house , mr. brograve attorney of the dutchy , sir tho. hobbie and others , who were appointed to meet upon monday next at two of the clock in the afternoon in the exchequer chamber . the bill for the better answering of her majesties tenths and subsidies from the clergy was upon the second reading committed to m r chancellor of the exchequer , mr. sollicitor , mr. recorder , m r nathaniel bacon , m r wingfield , sir edward hobbie and others , who were appointed to meet on wednesday at two of the clock in the afternoon in the exchequer chamber ; and the bill was delivered to m r sollicitor . sir robert wroth , one of the committees in the bill to suppress the multitude of maulsters , ( who had been appointed on wednesday the th day of this instant november foregoing ) shewed that the committees have met and have travailed therein , and thought good to draw a new bill ; and so brought in both the old bill , and also the new bill . on monday the th day of november , m r lawrence hide , one of the committees in the bill concerning the town of wanting ( whose names see on thursday the th day of this instant november foregoing shewed the meeting of the said committees and some amendments made by them in some parts of the said bill ; which amendments being twice read unto the house , the bill was upon the question ordered to be ingrossed . m r george moore , one of the committees in the motion touching armour and weapons , who were appointed on tuesday the th day of this instant november foregoing , shewed their meeting upon saturday last , and required to have a new day of meeting , and that some of the lawyers which are of this house being in this committee may then attend in the same . whereupon day was given to meet again in this house upon wednesday next at two of the clock in the afternoon ; and the committees names being then read by the clerk , m r serjeant williams , serjeant harris and serjeant heyle were added unto them . m r simnell , one of the committees in the committee touching the abuses for licences for mariages without banes ( appointed on friday the . day of this instant november foregoing ) shewed , that the committees have met together , but did not conclude of any thing , by reason that it was doubtful whether they were to treat of that matter only , or else both of the same , and also touching the stealing away of mens children without assent of their parents , and touching the abuses in the probates of testaments and processes ex officio by ecclesiastical officers in matters of the same , being before several propounded at the motion of sundry members of this house . sir john fortescue chancellor of the exchequer shewed , that her majesty did yesterday last call mr. secretary and himself unto her , and telling them that her highness had been informed of the horrible and great incestuous marriages discovered in this house , and minding due punishment and redress of the same , commanded them to take information of the grievances in particular of the members of this house , that her highness having certain notice thereof , may thereupon give order for the due punishment and redress accordingly . whereupon after sundry other speeches tending to sundry courses , but yet most of them very well liking and approving the said message delivered to this house therein from her majesty by the said mr. chancellor , it was in the end resolved , that the former committees ( who were appointed on friday the th day of this instant november foregoing , to draw a bill for reformation of abuses occasioned by licences granted for marriages without banes asking ) should meet this afternoon in the exchequer court at two of the clock for that purpose , and that sir thomas cecill , sir francis hastings , sir robert wroth , sir edward hobby , mr. robert wingfield , mr. fulk grevill , mr. nathaniel bacon , mr. symnell , mr. george moore , mr. francis bacon , mr. francis goodwyn , sir edward hastings , sir henry worth , sir anthony cope , sir william moore , mr. hexte , sir john sudmore , mr. finch and mr. francis moore , should receive informations of the grievances touching ecclesiastical causes , this day moved in the house , and should meet to that purpose upon friday next at two of the clock in the afternoon in the exchequer chamber . vide nov. . m r francis bacon , one of the selected committees concerning inclosures and tillage , moved for a time to be appointed for the same selected committees to impart their travels therein to the general committees , ( who were appointed in the same cause upon saturday the th day of this instant november foregoing ) to the end that thereupon the same may afterwards be reported unto this house accordingly . whereupon it was ordered , that they should for that purpose meet in this house to morrow next at two of the clock in the afternoon . m r francis moore , one of the committees in the bill against forestallers , regrators and ingrossers , &c. shewed the meeting of the committees in that bill , and some amendments by them made in the same ; and so delivereth in the same bill so amended . the bill for repressing of robberies , and touching huy and cry , was read the second time , and upon the question for commitment was denied to be committed , and upon another question for the ingrossing , was denied to be ingrossed , and so rejected . on tuesday the th day of november , five bills of no great moment had each of them one reading ; of which the first being the bill for extirpation of beggars , was read the first time . sir robert wroth , one of the committees in the bill for repeal of the statute of the d year of the queen . intituled an act for encrease of mariners and for maintenance of navigation ( who were appointed on thursday the th day of this instant november foregoing ) brought in the bill with some amendments made by the committees ; which amendments being twice read in the house , the bill was afterwards and after some speeches against the bill , ordered to be ingrossed upon the question . m r serjeant drew and m r d r stanhop do bring from the lords the bill lately passed in this house for the taking away of clergy from offendors against the statute made henr. . concerning the taking away of women against their wills unlawfully , which bill their lordships have also passed with a proviso thereunto annext . the bill concerning the establishing of the town-lands of wanting in the county of berks was read the third time , and passed upon the question . m r chancellor of the exchequer , putting the house in remembrance of the speech delivered unto this house by the lord keeper upon the first day of this present parliament by her majesties direction touching the causes of her highnesses calling of this parliament , and shewing at large her majesties great and excessive charges sustained for the defence of her highnesses realms and dominions against the force of the king of spain , amounting to more than a treble value of the last three subsidies and six fifteenths and tenths granted unto her in the last parliament ; and declaring further the great necessity of some mass of treasure , to be provided towards the supply of her highness charges in the continuation of the maintenance of her majesties forces in defence of her highness realms , dominions and subjects against the forces and invasions of the said king of spain ; and further referring the particularities of the designs and attempts of the said king of spain since the last parliament to be reported unto this house by m r secretary , moved for a selected committee of this house , to be nominated to treat and consult concerning that matter . m r secretary cecill shewed at large the purposes , practices and attempts of the said king of spain against her majesty and her realms , dominions and subjects , in divers sorts and at sundry times , together with his great overthrows in the same by the mighty hand of god , and of her highnesses forces , to his perpetual ignominy and great dishonour throughout the whole world. and so after a large discourse most excellently delivered by him , concluded with a motion for proceeding to the said committees . whereupon some speeches being had to that end by sir edward hobby and mr. francis bacon , it was agreed , that all the privy-council being members of this house , all the knights returned for the counties into this present parliament , and all citizens for cities returned into this house , should meet about the said business on friday next at two of the clock in the afternoon in this house , and any other of this house then to come to them also at their pleasures that will. vide plus on wednesday the th day of december following . on wednesday the th day of november , four bills had each of them one reading ; of which the last being the bill for the town of northampton was upon the second reading committed unto the knights for the county of northampton , and the burgesses for the town of northampton , mr. edward mountague , sir edward hobbie and others ; and the bill was delivered to sir thomas cecill . all which were appointed to meet at two of the clock in the afternoon of this day at sir thomas cecill's house . sir edward hobby , one of the committees for the information of grants lately moved in this house in ecclesiastical causes , moved for a new day of meeting . whereupon monday next in the afternoon was appointed for the same , and to be in this house . nota , that although her majesty had formerly been exceeding unwilling and opposite to all manner of innovations in ecclesiastical government ; yet understanding at this parliament of divers gross and great abuses therein , she had on monday the th day of this instant november foregoing , not only given leave and liberty to the house of commons to treat thereof , but also had encouraged them to proceed in the reformation thereof , by a message brought unto the said house by sir john fortescue chancellor of the exchequer . whereupon the aforesaid committee here mentioned by sir edward hobby was appointed . touching whose further proceedings in the said matter , see on monday the th , and on tuesday the th day of this instant november ensuing . the bill for keeping of horses from stealing was upon the second reading committed unto m r hubberd , sir robert wroth , m r maynard , m r portington , sir william brereton , m r henry nevill , m r pennington and others ; and the bill and committees names were delivered to m r hubberd , who with the rest was appointed to meet to morrow in the afternoon in the middle-temple hall. the amendments in the bill against forestallers , regrators and ingrossers were twice read , and the bill was committed to the former committees , ( who were appointed to meet on monday the th day of this instant november foregoing ) and there were added unto them m r hext , sir robert wroth , m r francis moore , m r litton , m r henry maynard , sir george carew , m r henry hubberd , all barons of ports , and sir nicholas parker , who were appointed to meet to morrow in the afternoon in the middle-temple hall ; and the bill was delivered to m r francis moore and m r lawrence hide . the proviso which came from the lords in the bill from taking clergy from certain offendors , and lately passed in this house and sent up unto their lordships , was three times read and passed upon the question . m r hext , one of the committees in the bill for the town of langford estover ( who were appointed on thursday the th day of this instant november foregoing ) shewed the meeting of the committees , and many causes wherefore he thinketh the bill very unmeet to have any passing in this house . whereupon none offering to speak for the said bill , the same was rejected upon the question for ingrossing . the bill for repeal of a statute of the twenty third of the queens majesty , intituled , an act for encrease of mariners and maintenance of navigation , had its first reading ; and after some speeches both with the bill and against it , it was in the end passed upon the question . sir john fortescue chancellor of the exchequer shewed unto the house , that this afternoon being appointed for two commitments , the one touching monopolies and patents of priviledge , and the other for the true answering of the tenths and subsidies from the clergy to her majesty , in both which himself is a committee amongst others ; and that himself and m r secretary cecill are specially commanded to wait upon her highness this afternoon , and therefore cannot attend the said commitments ; and so moving for a new day of meeting wished the same to be upon saturday next at two of the clock in the afternoon : which albeit it was well liked of , and yielded unto by some ; yet was it over-ruled by number of voices , that as concerning the said monopolies and patents of priviledge , the said commitments should be continued to be held in the afternoon of this present day in this house . vide plus touching this business on tuesday the th day of this instant november foregoing . on thursday the th day of november , two bills of no great moment had each of them one reading ; of which the last concerning the lands and debts of sir henry unton knight deceased , had its first reading . m r thomas jewks is added to the former committees for examination of priviledges and returns ( who were appointed on saturday the th day of this instant november foregoing ) and are to meet this afternoon in the middle-temple hall. the bill also for erecting of houses of correction and the punishment of rogues and sturdy beggars , was read the first time . on friday the th day of november , twelve bills had each of them one reading ; of which the last being the bill for erecting of hospitals or abiding or working-houses for the poor , was upon the second reading committed unto sir john hart , m r recorder of london , m r tasbrough , all the readers of the middle-temple , m r boyce , m r henry bellasis and others ; and the bill was delivered with the committees names to the said m r boyce , who with the rest was appointed to meet this afternoon at two of the clock in the middle-temple hall. m r francis moore , one of the committees in the bill against forestallers , regrators and ingrossers , ( who were appointed on monday the th day of this instant november foregoing ) shewed , that the committees have withdrawn out of the said bill those points that concerned corn , grain and other victuals , and have framed a new bill for that purpose , intituled , an act to make void contracts upon ingrossing of corn , grain or victual , which had its first reading ; and the old bill , for as much thereof as was not withdrawn , was upon the question ordered to be ingrossed . sir francis hastings , m r francis bacon and m r secretary moved touching the further preparing of the bills for the re-edifying of houses and encrease of tillage . whereupon after some other speeches it was resolved , that the committees therein should meet again for the same this afternoon in this house . the bill against dying of cloths with black wood alias logwood , was upon the second reading committed unto the citizens for london , york , coventry , canterbury , bristol , the burgesses of hull and redding , m r finch and others ; and the bill was delivered to sir john hart , who with the rest was appointed to meet in the guild hall upon tuesday next at two of the clock in the afternoon . m r sherley , one of the committees for continuance of statutes ( who were appointed on friday the th day of this instant november foregoing ) shewed , that the greater number of the residue of the committees being yesterday imployed in sundry other committees , could not be present at the same committee ; and so prayed another day of meeting . whereupon monday next at two of the clock in the afternoon was appointed at the former place , viz. the inner-temple hall. the bill to restrain the carrying of worsted-yarn out of norwich and norfolk unwrought was upon the second reading committed unto the former committees for logwood , and to meet at the same time and place ; and the knights of norfolk , m r nathaniel bacon and m r southerton were added unto them ; and the bill was delivered to sir john hart one of the committees . the bill concerning the hospital of warwick was read the second time , and committed unto the knights for warwickshire , the burgesses of warwick , m r linley , sir francis hastings , m r recorder of london , mr. doctor caesar , mr. foulk grevill , sir robert wroth and others ; and the bill was delivered to m r foulk grevill with a note of the committees names , who with the rest was appointed to meet in the exchequer chamber upon wednesday next at two of the clock in the afternoon . thomas layton esquire , one of the knights for the county of salop having been much visited with sickness since his coming up to this session of parliament , is for the better hope of recovery of his health licensed by m r speaker to depart home into his country . on saturday the th day of november , four bills of no great moment had each of them one reading ; of which the last being the bill for erecting of houses of correction and punishment of rogues and sturdy beggars was upon the second reading committed unto mr. george moore , mr. attorney of the dutchy , and mr. attorney of the court of wards , mr. francis bacon , sir thomas cecill , sir william moore , sir robert wroth , mr. recorder of london and others ; who were appointed to meet on tuesday next in the middle-temple hall at two of the clock in the afternoon . sir john fortescue chancellor of the exchequer , one of the committees for the subsidy , who were appointed on tuesday the th day of this instant november foregoing , shewed the meeting of the committees yesterday , and their assents to grant unto her majesty three intire subsidies , and six fifteenths and tenths ; the two first fifteenths to be levied before next , and three subsidies to be paid at three intire payments in the three next years . whereupon some of the house were of opinion that the last of the said three subsidies should have been in two several years , at two several payments , in the like manner as the third and last subsidy granted in the last parliament was paid . whereupon mr. secretary cecill purporting to the house the said assent of the committees for the said payments in manner as mr. chancellor had before declared , shewing very many forcible reasons and causes of very great importance for the said speedy performance of the said payments accordingly . which done , it was upon the question resolved , that the said last payment of the said three subsidies shall be made in one year and at one intire payment , in like sort as the two first of the same three subsidies are to be paid . vide decemb. th post . mr. davies shewing many corruptions in the masters of colledges in the universities of oxford and cambridge , in their abusing of the possessions of the same colledges contrary to the intents of the founders , converting the benefit of the same to their own private commodities , prayed the advice of this house for reformation , and having a bill drawn to that purpose desired he might have assistance of some of the members of this house being learned in the laws , for the better digesting of the said bill against the next sitting of this court. wherein mr. speaker referred him to mr. francis moore and mr. boise , with such other members of the house as are of the temple together in the same house with the said mr. davies . sir edward hobbie liking very well of the said motion made by the said mr. davies , moved that like consideration may be had of deans and chapters as of the said masters of colledges . on monday the th day of november , the bill against bastardy was read the second time , and committed unto the former committees for erecting of houses of correction and the punishment of rogues and sturdy beggars , to meet at the former time and place . the bill for imployment of the poor on work , and to refrain them from idleness , was read the second time , and committed to the former committees , to meet at the same former time and place . the bill for the lord mountjoy had its first reading . sir thomas cecill , one of the committees in the bill for george durrant ( who were appointed on tuesday the th day of this instant november foregoing ) shewed the meeting of the committees and sundry particulars of their travel in the said bill to the good satisfaction of this house . whereupon the said bill was upon the question ordered to be ingrossed . mr. adrian gilbert , one of the burgesses for burtport in the county of dorset , is for his necessary repair into the country unto his brother sir walter raleigh knight ( being as it is said visited with sickness ) licensed by mr. speaker to depart into the country unto his said brother . the bill concerning the lands and debts of sir henry vnton knight deceased was read the second time , and committed unto mr. comptroller , sir thomas cecill and others ; and the bill was delivered to sir william cornwallis , who with the rest was appointed to meet upon wednesday next at two of the clock in the afternoon in the exchequer chamber . m r baker , one of the committees concerning weavers and spinners ( who were appointed on thursday the th day of this instant november foregoing ) brought in the old bill , which was recommitted unto the former committees , and mr. nathaniel bacon , mr. hext , sir john savile , mr. davies and mr. bourchier were added unto them : all which were appointed to meet in the middle-temple hall upon wednesday next at two of the clock in the afternoon ; and the bill was delivered unto mr. nathaniel bacon . mr. francis bacon , one of the committees for tillage and re-edifying of houses ( who were appointed on saturday the th day of this instant november foregoing ) shewed the sundry meetings and traverses of the committees in divers and sundry courses concerning the converting of tillage into pasture ; and that as touching the said matter of tillage they have framed a bill , which he offered unto this house , requiring the same might be read to morrow : and as touching the said matter of re-edifying of houses , being not so throughly digested in the said committee as the other was for tillage , he hopeth nevertheless to have the same very shortly ready to go forward together with the other . mr. boyse , one of the committees in the bill for hospitals , abiding and working houses for the poor ( who were appointed on friday the th day of this instant november foregoing ) shewed the meeting of the committees and some amendments in the bill ; and delivered in the bill so amended : which amendments being twice read , the bill was upon the question ordered to be ingrossed . mr. robert wingfield , one of the committees touching the abuses of licences ( who were appointed on friday the th day of this instant november foregoing ) delivered some particular informations to mr. chancellor , and a licence with a blank to m r speaker . vide concerning this matter on wednesday the th day of this instant november foregoing . m r winch , one of the committees in the bill to keep horses from stealing ( who were appointed on wednesday the th day of this instant november foregoing ) shewed the meeting of the committees and some amendments in divers parts of the bill ; and so delivereth in the bill with some amendments ; and the bill was re-delivered unto him again to be further considered of by the committees , and the committees names were read , and thereupon were appointed to meet again at two of the clock in the afternoon of this present day in the middle-temple hall. m r bourcher moved the house touching the discovery of the counsel of the same by some member thereof , as it should seem ; for his said motion is set down very briefly and imperfectly in the original journal-book of the said house ; neither is there any other issue of it there inserted than that sir edward hobbie moved to have the matter proceeded to further examination , and the party to be named . sir john fortescue chancellor of the exchequer brought in the articles for the three subsidies and six fifteenths and tenths , with the manners and days of payments ; which being read unto the house and well liked of , were presently delivered to mr. sollicitor to draw the book . vide december the seventh wednesday postea . on tuesday the d day of november the bill for the necessary habitation and relief of the poor , aged , lame and blind in every parish was read the second time , and committed unto the former committees for erecting of houses of correction and punishment of rogues and sturdy beggars , who were appointed on saturday the th day of this instant november foregoing . the bill for relief of hospitals , poor prisoners and others impoverished by casual losses , was upon the second reading committed unto the former committees for erecting of houses of correction and punishment of rogues , &c. vide committees names pag. seq . the bill for supply of relief unto the poor was upon the second reading committed unto the said former committees for erecting of houses of correction and punishment of rogues , &c. the bill for setting the poor on work was read the second time and dashed upon the third question for the committee , and rejected upon the question for ingrossing . the bill for petite forfeitures to go to the relief of the poor was upon the second reading committed unto the former committees in the bill for erecting of houses of correction and punishment of rogues and sturdy beggars . sir edward hobby moved the house for priviledge for sir john tracie being a member of this house , and now presently at the common pleas to be put on a jury . whereupon the serjeant of this house was presently sent with the mace to call the said sir john tracie to his attendance in this house , which was thereupon so done accordingly , and the said sir john then returned to this house . the bill for the better relief of souldiers and mariners was upon the second reading committed unto the former committees for erecting of houses of correction and punishment of rogues and sturdy beggars ( who were appointed on saturday the th day of this instant november foregoing ) and mr. arnold was added unto them . the bill for the better governing of hospitals and lands given to the relief of the poor was upon the second reading committed unto the former committees for the erecting of houses of correction and punishment of rogues and sturdy beggars , and mr. hubbard was added unto them . the bill for hospitality was read the second time , and dashed upon the questions for committing and ingrossing . the bill for the relief of the poor out of impropriations and other church livings , was read the second time ; and after some speeches both with the bill and against the bill , upon the doubtfulness of the double question for the committing was upon the division of the house rejected , with the difference of twenty nine voices , viz. with the yea a hundred and seventeen , and with the no a hundred forty six . the bill for levying of certain sums of money due to the poor was upon the second reading committed unto the former committees for erecting of houses of correction and punishment of rogues and sturdy beggars . and the bill for extirpation of beggery was committed to the same committees : and then were the said eleven bills concerning the relief of the poor , and the punishment of idle and sturdy beggars delivered to sir robert wroth , together with the names of the committees ( whose names being for the most part omitted upon the said saturday the th day of this instant november foregoing , when the said first bill touching the erecting of houses of correction and punishment of rogues and sturdy beggars was first committed unto them , are here all expresly named with such as were added unto them . now in respect that nine other bills were this present tuesday referr'd likewise to them as committees to consider of them , being a thing scarce to be pattern'd that one and the same committee had at one and the same time eleven bills in agitation before them , though all upon the matter tending to a like end and purpose , the said committees were as followeth , viz. mr. george moore , masters attorneys of the dutchy and court of wards , mr. francis bacon , sir thomas philips , sir thomas cecill , sir william moore , sir robert wroth , mr. edward philips , mr. recorder of london , sir thomas maunsell , all the readers of the houses of court , mr. nathaniel bacon , mr. miles sandes , mr. finch , mr. colbrond , mr. edmund boyer , mr. edward leukenor , mr. henry warner , mr. john boyer , mr. rosse , mr. whalley , sir william cornwallis , mr. lea , mr. hext , mr. richard mills , mr. thomas smith , mr. lea of lincolns-inn , all the serjeants at law , mr. james harrington , mr. wingfield , sir thomas hobbie , sir anthony cope , mr. mark steward , mr. henry yelverton , mr. william coke , mr. george rotheram , mr. fettiplace , mr. winch , mr. hide , all the knights of shires , the burgesses of hull , mr. john hare , mr. coleman , mr. hugh biston , all citizens of cities , and mr. tasborough , to which committees this present tuesday also were added mr. arnold and mr. hubbard . sir edward hobbie , one of the committees in the bill against counterfeiting of the hands of the lords ( who were appointed on saturday the th day of this instant november foregoing ) shewed their meeting yesterday , and complaining that albeit yesterday last in the afternoon was appointed for their meeting , and the committees names with the time and place read yesterday in the house , none except mr. comptroller , mr. chancellor , himself and one other more of the said committees came to the said committee , so that nothing was done therein . and so the names of the said committees being eftsoons now read by the clerk , the said committees were appointed to meet in the former place at two of the clock in the afternoon of this day , and the bill with a note of the committees names was then delivered to mr. comptroller ; and thereupon the meeting for the matter of tillage was deferr'd from this afternoon till to morrow in the afternoon . three bills were sent up to the lords from the house of commons by mr. comptroller , mr. chancellor of the exchequer and others ; of which the two last were , one for the establishing of the town-lands of wanting in the county of berks to the relief of the poor , &c. and the last was the bill for repeal of the statute of the twenty third year of her majesty , intituled an act for encrease of mariners and maintenance of navigation . the bill concerning certain lands of sir john spencer knight , mary his wife and robert his son , was read the first time . m r winch , one of the committees in the bill for keeping of horses from stealing ( who were appointed on wednesday the th day of this instant november foregoing ) shewed the meetings of the committees , and sundry particulars of their travels therein ; and that resting partly upon the fairs in sundry countreys to be certainly set down by those that best know the same countreys , the bill was recommitted to the same committees to meet at the former place upon saturday next at two of the clock in the afternoon . three bills of no great moment had each of them one reading ; of which the second being the bill for arthur hatch was upon the second reading committed unto mr. sandes , mr. philips , mr. crew , mr. finch , mr. francis popham , sir robert wroth and others , who were appointed to meet upon thursday next at two of the clock in the afternoon in the middle-temple hall. mr. finch one of the committees for drawing of a bill for the reformation of the abuses by licences for marriages without banes , shewed , that some of the committees have met at sundry times for the drawing of a bill for that purpose , and that himself hath by their appointment drawn such a bill , and shewed the same to such of the committees as were assembled at their last meeting , being but very few of them at that time ; and so leaveth it to the choice of the house either to appoint another day for the meeting of another greater number of the said committees , that they may be acquainted with the substance of the same bill , or else to receive the same bill into this house presently at their own good pleasure . and thereupon he was required by this house to deliver in the said bill , which he then so did accordingly , and delivered the same to mr. speaker . on wednesday the th day of november , four bills of no great moment had each of them one reading ; of which the last being the bill concerning leases made by archbishops and bishops was upon the second reading rejected upon the question for commitment , and so likewise upon the question for ingrossing . the bill for repealing part of the charter granted to the town of yarmouth was upon the second reading committed unto sir robert wroth , m r fulk grevill , all the burgesles of the port towns , and knights for norfolk and suffolk , mr. nathaniel bacon and others , who were appointed to meet on friday next at two of the clock in the afternoon in the exchequer chamber . m r walgrave moved touching the transporting of a great number of herrings to leghorn , which occasioneth both a very great scarcity of herrings within the realm , and is , he saith , a great means of spending much butter and cheese , to the great inhancing of the prices thereof by reason of the said scarcity of herrings . and having drawn a bill for redress thereof , offered the said bill to the house , and delivered the same to m r speaker accordingly . seven bills of no great moment had each of them one reading ; of which the last being the bill for the speedy punishment of certain felonies hereafter to be committed , was upon the second reading committed to the former committees for relief of poor , and punishment of rogues , &c. ( whose names see before on tuesday the th day of this instant november foregoing ) and m r wiseman , m r littell , and m r lea were added unto them : and the bill was delivered to sir robert wroth , who with the rest was appointed to meet this afternoon in the middle-temple hall. m r francis moore , one of the committees in the bill concerning the lands and debts of sir henry vnton deceased , ( who were appointed on monday the th day of this instant november foregoing ) shewed the meeting of the committees , and opening divers parts of the said bill at large , shewed further the adding of a proviso , which proviso being twice read , the bill and proviso were upon the question ordered to be ingrossed . sir thomas cecill , one of the committees in the bill for the town of northampton ( who were appointed on wednesday the th day of this instant november foregoing ) shewed the meeting of the committees and some part of their travel ; and so delivered in the bill , referring the same to the further pleasure of this house . and so the bill upon the question was ordered to be ingrossed . m r snagg , one of the committees in the bill to restrain the carriage of worsted yarn out of the city of norwich and county of norfolk unwrought , ( who were appointed on friday the th day of this instant november foregoing ) shewed the meeting and travel of the committees without concluding upon any thing . and thereupon further day was given to the former committees to meet again about the same upon saturday next at two of the clock in the afternoon in the exchequer chamber , and the bill was delivered to the said m r snagg . mr. attorney general and mr. doctor stanhop do bring from the lords an act passed with their lordships concerning the confirmation and establishment of the deprivation of divers bishops in the beginning of her majesties raign , with recommendation thereof from their lordships unto this house . which being after their departure back again , signified unto the house by mr. speaker , it was shortly after found by sir edward hobby , that the said act was not rightly and duely endorsed by their lordships , the same indorsement being made above the contents of the said act , which ought to have been made under it . whereupon the house being made privy thereof by mr. speaker , mr. comptroller , being accompanied with divers members of this house , was sent to the lords with the said act to signify the error , and pray the amendment . vide plus concerning this matter in fine hujus diei . the bill concerning coopers was read the second time , and upon the question ordered to be ingrossed . m r comptroller and the residue returning from the lords , shewed unto this house , that they have delivered the said act together with the said message of this house unto their lordships according to the said charge given them by this house . the bill that lessees may enjoy their leases against certain patentees in certain cases was read the first time . m r francis bacon , one of the committees concerning tillage and re-edifying of houses and buildings ( who were appointed on saturday the th day of this instant november foregoing ) shewed very eloquently and at large the travel of the said committees in their sundry meetings together , with his framing a bill by their appointment for some fit means of procuring the re-edifying of such houses and buildings ; and so offered the bill to the house , and recommending the same to their good considerations delivered the bill to m r speaker . the bill concerning the lands of the lord mountjoy was upon the second reading committed to m r comptroller , m r chancellor of the exchequer , m r sollicitor , m r francis bacon , m r recorder of london , sir tho. cecill , m r pellham and others ; and the bill was delivered to sir tho. cecill , who with the rest was appointed to meet upon saturday next at two of the clock in the afternoon in the treasury chamber . the bill concerning george durant was read the third time , and after many speeches both with the bill and against the bill , and some tending to amendments to be made in some parts of the samè , it was in the end deferr'd from being put to the question till saturday next , upon some expectation that the parties to the same bill may in that mean time grow to some good end amongst themselves without any further troubling of this house therein . the said m r attorney and mr. doctor stanhop coming from the lords do signifie unto m r speaker , that where their lordships had this present day sent unto this house an act concerning the confirmation and establishment of the deprivation of divers bishops in the beginning of her majesties reign , with a recommendation thereof from their lordships unto this house ; and did afterwards receive the same act back again from this house , because the indorsement thereof was contrary to the ancient , usual and due custom of the parliament , subscribed , and not subscribed according to the same ancient usual and due custom of the parliament , as it ought to have been , their lordships have now sent down the said act again unto this house , indorsed under the same act , according to the ancient former usage of the parliament ; and do further signify unto this house , that as the said superscribing of the said indorsement of the said act in such manner before was indeed a fault , so the same did grow only by an error in the clerk of the upper house , who had never exercised the place before this present sessions of parliament ; and that their lordships liking very well of that which was done by this house touching the said error , do withal wishs this house to continue all former good order and courses in all parliament proceedings . vide initium istius materiae inter praecedaneas relationes hujus diei . on friday the th day of november four bills had each of them one reading ; of which the last being the bill concerning the lands and tenements of sir john spencer knight , was upon the second reading committed unto mr. winch , sir robert wroth , mr. rotheram , m r henry yelverton , m r luke , sir richard knightley , m r henry hubbard , m r robert wingfield , the knights for bedfordshire and m r bourchier ; and the bill was delivered unto sir robert wroth , who with the rest was appointed to meet at the middle temple hall to morrow at two of the clock in the afternoon . the bill for assuring of certain lands and tenements unto robert cotton , &c. was upon the second reading committed unto the former committees in the bill concerning sir john spencer , and at the same time and place ; and there were added unto them sir john hungerford , m r william cecill , the knights for the county of huntington , m r william cotton , m r henry mountague and m r valentine knightley , and the bill was delivered to sir robert wroth. the bill concerning the draining of certain surrounded grounds in the county of norfolk was upon the second reading committed unto m r nathaniel bacon , sir anthony cope , m r henry yelverton , m r henry spillman , sir robert wroth and others ; and the bill was delivered to the said sir robert wroth , who with the rest was appointed to meet upon monday next at two of the clock in the afternoon in the exchequer chamber . m r bourchier , one of the committees in the bill for the relief of arthur hatch ( who were appointed on tuesday the th day of this instant november foregoing ) shewed the meeting of the committees and their travels in hearing of the councel of all the said parties : and so reporting the particularities of the state of the case to the good satisfaction of the house , delivered in the bill , which was thereupon presently ordered upon the question to be ingrossed . m r snagg , one of the committees concerning blockwood and worsted yarn ( who were appointed on friday the th day of this instant november foregoing ) shewed the meeting of the committees with their amendments in the said bill concerning blockwood , and delivered in the same bill with the amendments , which being thrice read was upon the question ordered to be ingrossed . the bill for encrease of people for the service and defence of the realm was read the first time . m r secretary cecill moved the second reading of this bill to be to morrow , and wished all the members of this house to be present at the same , and provided , as they shall think fit , to imploy their endeavour and speeches to the furtherance of the proceedings in the said bill . whereupon it was agreed , that both this bill , and also the other bill for encrease of tillage , shall be both of them read to morrow next for their second reading . m r ..... one of the committees in the bill for erecting of houses of correction and punishment of rogues and sturdy beggars , ( whose names see on tuesday the d day of this instant november foregoing ) shewed the sundry meetings and travel of the said committees , and their amendments of sundry parts of the said bill , with addition of the two last leaves ; and so delivered in the bill in such sort amended . which bill being very long and the said amendments many , the day being also far spent , the reading of the said amendments and addition were deferred till some other more convenient time . on saturday the th day of november , four bills of no great moment had each of them one reading ; of which the last being the bill for enrolling and exemplifying of defeasances , was upon the second reading committed unto sir edward hobby , m r lieutenant of the tower , m r francis moore , m r edward lewkenor and others , who were appointed to meet upon tuesday next at two of the clock in the afternoon in the exchequer chamber . the bill concerning the carrying of sheep-skins and pelts over the seas was read the second time , and committed unto sir robert carie , the burgesses of newcastle , barwick , northampton and lincoln , m r francis moore and others , who were appointed to meet upon tuesday next at two of the clock in the afternoon in the exchequer chamber . mr. serjeant drew and mr. dr. stanhop do bring from the lords the bill entituled an act for establishing of the new colledge of the poor at cobham in the county of kent . the said mr. serjeant drew and mr. doctor stanhop do bring word from the lords , that their lordships do desire that some half a score of this house may be presently sent to confer with their lordships in the chamber near unto the upper house , touching an act lately passed this house and sent up to their lordships , intituled , an act for the repeal of a statute made in the twenty third year of her majesties reign , intituled , an act for the increase of mariners , and for the maintenance of navigation . whereupon mr. comptroller , sir robert wroth and others were sent unto their lordships for that purpose accordingly . the bill for husbandry and tillage was upon the second reading committed unto mr. francis bacon , mr. yelverton , mr. tasbrough , the citizens of all cities , mr. green and others ; who were appointed to meet here upon tuesday next at two of the clock in the afternoon in this house . mr. comptroller and the residue returning from the lords , he did signifie unto the house , that their lordships do think it very dishonourable that any act should be intended to pass in the time of her majesties reign for repealing of any law bearing such a title as that is , being an act for the repeal of a statute made in the time of her majesties reign for increase of mariners and maintenance of navigation . and therefore their lordships do wish this house would alter the said title of the said act , if they shall so think good . and to that end their lordships have sent unto this house by them a note in paper , containing two several titles , either of which are more apt and fit in their opinions to be by this house set down for the title of the said act : the first of which titles is , an act made for the increase of mariners and for maintenance of navigation , repealing a former act made in the twenty third year of her majesties reign bearing the same title : and the second is , for the increase of mariners and for the maintenance of navigation : both which titles being read by the clerk , choice was made by the house to have the first of the said two titles to be set down by this house , for the title of the said act. which said first title being three times read by the clerk , was resolved upon the question so to be set down for the title of the said act accordingly . on monday the th day of november , two bills of no great moment had each of them one reading ; of which the second being the bill for the city of bristol was upon the second reading committed unto mr. dr. james , mr. francis moore , the citizens of bristol , gloucester , bath and wells , mr. snagg , mr. green and others ; and the bill was delivered to mr. green , who with the rest was appointed to meet this afternoon at two of the clock in the middle-temple hall. mr. william bowyer shewed , that being a member of this house , he was this day served with a subpoena to appear in the chancery by one james biddell , and so moved for priviledge ; shewing further , that he did signifie unto the said james biddell , that he was a member of this house , and therefore willed him to forbear the serving of the same process , being against the liberty of this house ; who answered , he would do it notwithstanding any such liberties or priviledge of this house whatsoever . mr. combes and mr. henry powle being likewise members of this house do shew , that they were this day served with a subpoena ad testificandum in the star-chamber by one anne the wife of one thomas wye gentleman ; and so in like manner moving for priviledge , the serjeant of this house was thereupon charged by this house to bring in the said james biddel , and the said anne the wife of the said thomas , to appear in this house and answer the said contempt . sir thomas cecill shewed the great impoverishment of many her majesties subjects in the isle of ely , and in the counties of cambridge , huntington , northampton , lincoln and norfolk by surrounding of many wastes , marsh and watery grounds there , and wishing some redress thereof , offereth a bill to the house for that purpose , and prayeth the reading thereof . whereupon the same was then read for the first reading thereof accordingly , intituled , the bill concerning watery and surrounded grounds in the isle of ely , and in the counties of cambridge , huntington , northampton , lincoln and norfolk . mr. baker , one of the committees in the bill concerning the wages of spinners and weavers ( who were appointed on thursday the th day of this instant november foregoing ) shewed the meeting and travel of the committees , and the making of a new bill ; and so delivereth in both the old bill and also the new bill . mr. attorney general and mr. doctor carew do bring from the lords the bill lately passed this house , and sent up to their lordships , intituled , an act for the repeal of a statute made in the twenty third year of her majesties reign , intituled , an act for increase of mariners and for the maintenance of the navigation , with certain amendments by their lordships in the same bill . which being afterwards reported unto the house by mr. speaker , the same amendments were three times read by the clerk , and so passed upon the question accordingly . roger dodswell , servant to m r blowmer , one of the middle-temple , having entred into this house , and being no member of the same , and brought to the bar by the serjeant of this house , was committed to the serjeants ward , and was further referred to be examined this afternoon by m r edward barker and m r hext , and to be by them afterwards reported to this house . m r winch , one of the committees for sir john spencer ( who were appointed on friday the th day of this instant november foregoing ) shewed the meting and proceeding of the committees to some amendments in the said bill ; and so delivering in the bill , and the same amendments being twice read by the clerk of this house , the same bill upon the question was ordered to be ingrossed . the bill for increase of people for the strength and defence of the realm was upon the second reading , after many speeches all tending to the good liking and furtherance of the said bill , ordered to be committed to the said former committees in the bill for tillage , who were appointed on saturday the th day of this instant november foregoing ; and so both the bills with a note of the committees names were delivered to mr. comptroller . m r attorney general and m r doctor stanhop do bring from the lords a bill intituled an act for the better explanation of an act made in the th year of the queens majesties reign capite quarto , concerning tellors and receivors , &c. and do shew that their lordships do specially recommend the same bill unto this house . three bills had each of them one reading ; of which the last being the bill for erecting of hospitals or abiding and working houses for the poor , had its third reading ; and after many speeches both with the bill and against the bill , it was at last ordered upon the question to be recommitted to the former committees ; and a bill with a note of the committees names was delivered to m r boyse . the bill against excessive fees of ecclesiastical judges and other officers and ministers , was this day in the afternoon delivered unto mr. speaker . on tuesday the th day of november , eight bills of no great moment had each of them one reading ; of which the last being the bill for repairing of the bridges of newport and carlion in the county of monmouth , was upon the second reading committed unto the knights for all the shires , and burgesses for all the boroughs in wales , monmouthshire , hereford and the citizens of bristol and gloucester , mr. serjeant williams , mr. pembridge and mr. oldsworth ; and the bill was delivered to sir thomas jones one of the said committees , who with the rest was appointed to meet in the exchequer chamber upon thursday next at two of the clock in the afternoon . the bill for the town of northampton was read the third time , and upon the doubtfulness of the question twice put , was dashed upon the division of the house , by the difference of fifty three persons , viz. with the no a hundred fifty three , and with the yea a hundred . the bill for arthur hatch was read the third time and passed upon the question , the learned councel on both sides heretofore having been heard as well before the committees as in this house at the bar. mr. roger mawdeley , one of the burgesses for poole in the county of dorset , is for his necessary business licensed by mr. speaker to depart home , leaving with fulk onslow esquire , clerk of the house of commons , for the poor and the minister five shillings , which the said clerk received accordingly . a like precedent of this kind , where the money was left with the clerk of the said house , was upon the th day of this instant november foregoing being friday , at which time mr. sherrington talbot , one of the burgesses for chippingham in the county of wilts , was licensed by m r speaker to depart for his necessary business , paying unto the clerk as aforesaid ten shillings for the poor and the minister , which he received accordingly . on wednesday the th day of november , four bills of no great moment had each of them their first reading ; of which the last was the bill for prohibiting the bringing into this realm of any foreign cards for wooll . the amendments and additions in the bill for the erecting of houses of correction and punishment of rogues and sturdy beggars being twice read , the bill upon the question was ordered to be ingrossed . the bill concerning the possessions of the bishoprick of norwich was upon the second reading committed unto m r stephenson , m r henry hubbard , m r henry warner , the burgesses of warwick and linne , m r nathaniel bacon and others ; and the bill was delivered to m r henry warner , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . mr. dr. james , one of the committees in the bill for the city of bristol ( who were appointed on monday the th day of this instant november foregoing ) shewed the meeting of the committees , their amendments of some parts of the bill , with some provisoes added , and so delivereth in the bill with the amendments . mr. finch , one of the committees in the sundry former bills for relief of the poor , ( whose names see on tuesday the th day of this instant november foregoing ) shewed the meeting and travel of the committees in sundry of the said bills , in some of which as they have not as yet throughly proceeded , so he doth deliver in a new bill for relief of the poor , now into this house . m r francis bacon , one of the committees in the bill for repeal of part of the charter of the town of tarmouth ( who were appointed on wednesday the th day of this instant november foregoing ) shewed the meeting and travel of the committees , and so delivereth in the bill ; whereupon after sundry speeches both with the bill and against the bill , it was ordered in the end , that the learned councel on both sides should be heard in this house upon saturday next in the afternoon . m r snagg , one of the committees in the bill to restrain the carrying of worsted yarn unwrought ( who were appointed on friday the th day of this instant november foregoing ) and in the bill for erecting of hospitals or abiding and working houses for the poor ( who were appointed on the same day ) shewed the meeting and travel of the committees at large in both the said bills , and their opinions to be , that the said bill to restrain the carrying of worsted yarn out of norwich and the county of norfolk be left to oblivion ; and that the said bill for erecting of hospitals or abiding and working houses for the poor be referr'd to the further consideration of this house ; and so delivered in both the said bills . whereupon the same last recited bill was after many speeches both with the bill and against it , passed upon the question . mr. hext shewing , that he and m r sands according to the commission of this house unto them have examined roger dodswell servant to m r blowmer of the middle-temple , now in the serjeants ward for entring into this house and being no member of the same ; and that he finds he so did of mere simplicity and ignorance , without any evil pretence ; the said roger was brought in to the bar , and so submitting himself and taking the oath of the house was discharged , paying his fees. vide concerning this matter on monday the th day of this instant november foregoing . on thursday the first day of december , two bills of no great moment were each of them read the first time ; of which the former was the bill for provision of a preacher in the tower of london . m r james harrington nothing . which is all that is set down by m r fulk onslow clerk of the house of commons in the original journal-book it self , although the further intent and meaning of it might very well have been more fully expressed , which seemeth to be this , that the said m r harrington being a member of this house , and having licence from m r speaker to depart , left nothing with him the said m r onslow towards the minister who had read prayers in the said house during this parliament , nor for the poor , which other members of the same house at other times did , as appeareth plainly by that which immediately followeth , and upon like departure of sir henry knivet set down at the end of this present day also . sir robert wroth and m r sowtherton are nominated to make collection of the members of this house , both for the minister his pains in saying prayers in this house , and for the poor . two bills of no great moment had each of them one reading ; of which the second being the bill for maintenance and reparation of stains bridge and egham-cawsey , was upon the second reading committed unto mr. george moore , sir robert wroth , mr. amersham and others ; and the bill was delivered to mr. george moore , who with the rest was appointed to meet to morrow in the afternoon in the exchequer chamber at two of the clock . four bills also had each of them their third reading ; of which the last being the bill against forestallers , regrators and ingrossers , was read the third time , and after sundry speeches both with the bill and against it , passed upon the question . mr. serjeant drew and mr. doctor stanhop do bring from the lords a bill intituled an act concerning the school at seavenoake . two bills lastly had each of them one reading ; of which the second being the bill for the better execution of the statute made in the twenty third year of the queens majesties reign , for the abolishing of logwood alias blockwood in the dying of cloth , wooll or yarn , was read the third time , and passed upon the question . sir henry knivet , one of the burgesses for the borough of malmesbury in the county of wilts , is for his necessary businesses licensed by mr. speaker to depart into the country , leaving with mr. fulk onslow clerk of this house ten shillings for the poor , and three shillings and four pence towards the recompence of the minister that said prayers in the house , which he received accordingly . on friday the second day of december , the bill for the establishing of an award made between edmund cotton gentleman , and thomas harvey yeoman , was read the first time . mr. edward moore , one of the committees for drawing of a bill concerning armour and weapons ( whose names see before on tuesday the th day of this instant november ) shewed the meeting and travel of the committees , and delivered in a bill for that purpose , and another bill also for the company of armorers for the suppressing of false and deceitful armour and weapons brought into this realm from beyond the seas . mr. wingfield , one of the committees in the bill for draining and recovery from the water of certain over-flown grounds in the county of norfolk ( who were appointed on friday the th day of november foregoing ) shewed the meeting and travel of the committees and their amendments in some parts of the said bill , and so delivered in the same bill to the house . four bills of no great moment had each of them one reading ; of which the last being the bill to prevent double payment of debts upon shop-books was upon the second reading committed unto mr. jackson , mr. maynard , mr. george moore , sir edward hobbie , mr. wingfield , mr. fettiplace , sir francis hastings , sir thomas cecill and others , and the bill was delivered to mr. fettiplace , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . sir edward hobbie , one of the committees for the hospital of warwick ( who were appointed on friday the th day of november foregoing ) shewed the meeting and travel of the said committees , with some amendments in the bill , and so delivered in the bill to the house . the bill for the re-edifying of whitby-haven had its second reading , and upon the several questions for the committing , or the ingrossing , was rejected . mr. bourchier , one of the committees in the bill touching the transporting of sheep-skins and pelts ( who were appointed on saturday the th day of november foregoing ) shewed the meeting and travel of the committees , and their amendments in some parts of the bill , and so delivered in the bill to the house . the councel learned on both sides in the bill concerning the towns of lowestoft and yarmouth in the county of norfolk , were this day heard at large in this house at the bar till the breaking up of this court. on saturday the third day of december , four bills had each of them one reading ; of which the last being the bill for the speedy punishment of certain felons , and the manner of their delivery , was read the first time . mr. thomas balg recorder of stamford and one of the burgesses of the same , is for his necessary business in her majesties service , licensed to depart , and left five shillings with the clerk of this house for the relief of the poor , and the pains of the minister . mr. george moore , one of the committees in the bill for staines-bridge and egham-cawsey ( who were appointed on thursday the first day of december foregoing ) shewed the meeting and travel of the committees , and some amendments in the said bill , which amendments being twice read , the bill was ordered to be ingrossed . the amendments in the bill for bristol being twice read , the same was ordered to be ingrossed . mr. serjeant yelverton , one of the committees in the bill for repairing of the bridge of newport ( who were appointed on tuesday the th day of november foregoing ) shewed the meeting and travel of the committees , and their adding a proviso to the bill , which proviso being twice read , the bill was ordered to be ingrossed . the bill for recovery of surrounded wastes , marish and watery grounds in the isle of ely and the counties of cambridge , huntington , northampton , lincoln and norfolk , was upon the second reading committed to sir thomas cecill , the knights of norfolk , northampton , lincoln , cambridge , huntington , suffolk , essex , sussex and bedford , the burgesses of the boroughs in the said shires , mr. oxborow and others ; and the bill was delivered to sir thomas cecill , who with the rest was appointed to meet this afternoon at two of the clock in the exchequer chamber . the bill for the hospital called nevill's hospital in the county of york , had its third reading . upon the motion to have mr. bird the master of the said hospital , heard with his councel before the bill be put to the question for the passing , day was given for him to be heard with his councel in the house upon monday next . five bills were sent up to the lords from the house of commons by mr. comptroller and others ; of which the first was the bill against forestallers , retaylers , &c. the second concerning arthur hatch , and a third was for the abolishing of loggwood , alias blockwood in dying of cloths . two bills of no great moment had each of them one reading ; of which the second being the bill concerning the confirmation and establishment of the deprivation of divers bishops in the beginning of her majesties reign , was upon the second reading committed unto mr. serjeant heyle , mr. sollicitor , mr. doctor james , mr. doctor parkins , mr. doctor crompton , mr. stephenson , sir william moore and others , and the attorneyes of the dutchies and courts of wards ; and the bill was delivered to mr. sollicitor , who with the rest was appointed to meet on monday next at the middle-temple at two of the clock in the afternoon . mr. finch shewing some griefs of ministers in some cases by colour of a statute , made in the first year of her majesties reign , intituled an act for conformity of common-prayer and service in the church and of the administration of sacraments , and of a statute made in the thirteenth year of her said majesties reign intituled an act to reform certain disorders touching ministers of the church , and wishing an explanation in the one and a mitigation in the other , offereth a bill unto this house for that purpose . mr. serjeant drew and mr. attorney general do bring from the lords a bill lately passed this house intituled an act for establishing the town lands of wanting in the county of berks to the relief of the poor , amendment of high-ways and maintaining of a school within the said town , shewing that their lordships have passed the said bill in the upper house , and have added a proviso in the same bill . the bill that lessees may enjoy their leases against patentees in some certain cases , was upon the second reading committed unto sir francis hastings , sir thomas hungerford , mr. sollicitor , sir thomas hobby and others ; and the bill was delivered with the committees names to mr. comptroller , who with the rest was appointed to meet upon tuesday next at two of the clock in the afternoon in the exchequer chamber , and the parties to bring their councel to the committees . on monday the th day of december , six bills of no great moment had each of them one reading ; of which the last being the bill for erecting of houses of correction and punishment of rogues and beggars , was read the third time , and passed upon the question . the proviso in the bill for draining of certain surrounded grounds in the county of norfolk was twice read , and the bill and proviso were ordered to be ingrossed . mr. recorder of london , one of the committees in the bill for the lord mountjoy ( who were appointed on saturday the th day of november foregoing ) shewed the meeting and travel of the committees , and so delivered in the bill to the house . six bills were this morning sent up to the lords from the house of commons ; of which the principal were : one concerning the lands of sir henry unton , and another to give power and liberty to sir john spencer , mary his wife and robert their son , to alienate certain mannors and lands in the county of somerset . mr. henry hubbard , one of the committees in the bill concerning the lands of the bishoprick of norwich ( who were appointed on wednesday the th day of november foregoing ) shewed the meetings and travel of the committees , and delivering in the bill , it was after sundry speeches committed to the former committees , and mr. brograve the attorney of the dutchy , the attorney of the court of wards , and sir william cornwallis were added unto them , and appointed to meet this day at two of the clock in the afternoon in the former place , viz. the exchequer chamber , and the bill and committees names were delivered to the said sir william cornwallis . mr. doctor parkins , one of the committees in the bill to prevent double payments of debts upon shop-books ( who were appointed on friday the second day of this instant november foregoing ) shewed the meeting and travel of the committees and their adding of a proviso and some amendments to the bill , and so delivered in the bill . to morrow morning is appointed for the learned councel of the lord mountjoy to be heard in this house . mr. francis bacon , one of the committees in the bill for tillage and building of houses ( who were appointed on saturday the th day of november foregoing ) shewed at large the meeting and travel of the committees and their framing of two new bills , and delivereth both the old bill and the new bill into the house . the bill concerning tellors , receivors , &c. was upon the second reading committed unto all the privy-council being of this house , sir oliver lambert , mr. sollicitor , mr. tasborough , mr. francis bacon , and others ; and the bill and committees names were delivered to the said mr. comptroller , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . mr. bird master of nevill's hospital in the county of york ( who was appointed to be heard this day with his councel on saturday the third day of this instant december foregoing ) was called to the bar , and heard ; who shewed that he could get none to be of councel with him . whereupon being demanded whom he would retain of his councel ; and answering that he would have mr. godfrey : it was then agreed , that mr. godfrey should be assigned of his councel , and further day given to hear his councel in this house upon wednesday next being the th day of this instant december following . at which time the said mr. bird's councel being heard , it should seem that the said bill touching nevills hospital which had been read the third time , never passed the house . mr. doctor muffet , one of the burgesses for wilton , being licensed to depart , left two shillings and six pence with mr. fulk onslow clerk of this house for the poor and the minister , but nothing for the said clerk himself . mr. john wingfield , one of the burgesses for peterborough in the county of northampton , is for his necessary businesses licensed to depart , and left with the clerk five shillings for the poor and minister . mr. thomas hinson , one of the burgesses for barnstable in the county of devon , was this day licensed for his necessary business to depart , and left with the clerk five shillings for the poor , and two shillings and six pence for the minister . on tuesday the th day of december , five bills of no great moment had each of them one reading ; of which the second being the bill for establishing an award made between edward cotten gentleman and thomas harvey yeoman , was upon the second reading committed unto m r serjeant harris , m r henry warner and others ; and the bill was deliver'd to the said m r warner , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the temple-hall . the amendments in the bill for the lord mountjoy being twice read , the lord marquess of winchester and the lord mountjoy with their learned councel were heard at the bar in this house , before such time as the said bill and amendments were put to the question for ingrossing ; and after their departure out of the house , the said bill with the amendments was upon the question ordered to be ingrossed . sir hugh portman knight , one of the knights returned into this present parliament for the county of somerset , is licensed by this house to depart ; and did leave with mr. fulk onslow clerk of this house , ten shillings for the poor , and two shillings for the minister . to morrow in the afternoon in the middle-temple hall , the committees in the conference for reviving and continuance of statutes are appointed to meet ( who had been appointed on friday the th day of november foregoing . ) on wednesday the th day of december , five bills of no great moment had each of them one reading ; of which the last being the bill against lewd wandring persons pretending themselves to be souldiers or mariners , was upon the second reading committed unto mr. simneil , mr. hext , sir william moore and others ; and the bill was delivered to mr. hext , who with the rest was appointed to meet this afternoon at two of the clock in the exchequer chamber . the bill also against stealers of corn and fruit was upon the first and second reading committed unto the former committees in the bill against lewd persons , &c. the bill against the stretching and taintering of northern cloth was read the second time , and ordered to be ingrossed . mr. henry hubberd , one of the committees in the bill concerning the lands and possessions of the bishoprick of norwich , ( who were appointed on wednesday the th day of november foregoing ) shewed the meeting and travel of the committees , and delivered in the bill with the good allowance of the said committees as a bill in good state . mr. attorney general and mr. doctor stanhop do bring from the lords a bill which their lordships intituled an act for the better and safer recording of fines to be levied in the court of common-pleas . mr. eresbie , one of the committees in the bill for recovering of surrounded waste , marish and watery grounds in the isle of ely , and the counties of cambridge , huntington , northampton , lincoln , &c. ( who were appointed on saturday the third day of this instant december foregoing ) shewed some amendments by the committees , and delivered in the bill . the bill for suppressing the multitude of maulsters was read the second time , and committed unto the former committees ( who were appointed on wednesday the th day of november foregoing ) and unto the burgesses of york , mr. winch , mr. yelverton and others ; and the bill was delivered to mr. litton one of the former committees , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the middle-temple hall. vide thursday january th ensuing . mr. bird , with mr. atkinson and mr. godfrey being of his councel , were heard this day at the bar. vide concerning this matter on monday the th day of this instant december foregoing . the bill for increase of people for the strength and defence of the realm had its first reading . post meridiem . the bill for granting unto her majesty six fifteenths and tenths , and three intire subsidies was read the first time . nota , that whereas in the last parliament de an . regin . eliz. the house of commons was not drawn without much and long dispute both with the lords and by themselves to yield unto the grant of three subsidies and six fifteenths and tenths unto her majesty , and that the same was done also with protestation or caution , that it should not be made a precedent for the time to come : yet it is evident by this bill now last read , that the same proportion was again yielded unto by the said house at this present , and that also assented unto with far less difficulty and with some harder conditions on the subjects part . for a committee being appointed to consider of it upon thursday the th day of november last past , they brought in articles ready drawn and agreed upon between them on the saturday following , being the th day of the same month ; at which time the house being pressed did at length condescend to the said grant of the said three subsidies and six fifteenths and tenths , to be paid in a shorter time than those granted in the last parliament had been . and thereupon her majesties sollicitor on the wednesday next after , being the th day of the same november , had the said articles delivered unto him to draw up the said bill for the subsidy accordingly . which being afterwards by him brought into the said house , was this day read as is aforesaid primâ vice . and being read again the second time on saturday the th day of the said december also , and thereupon ordered to be ingrossed , had lastly its third reading upon wednesday the th day of the same month ensuing ; and being then passed the house , was immediately sent up to the lords by mr. comptroller and others . neither will it be amiss finally to observe in this place , that as the gift of this parliament exceeded that in the former de an . regin . eliz. in respect of the manner of payment , so that gift also in the parliament following de an . regin . ejusdem being of four subsidies and eight fifteenths and tenths , was much greater than both these that preceeded . by all which it is evident , that either the publick necessity was exceeding urgent in this present and ensuing parliament , or that the aforesaid gift yielded unto by the house of commons , in the before-mentioned th year of her majesties raign , was made a leading precedent in the said parliament ensuing . on thursday the th day of december three bills had each of them one reading ; of which the third being the bill for the better staying of corn within the realm was upon the second reading committed unto m r george moore , m r wiseman , m r edmond bacon , m r colefield , mr. birkeby and others ; and the bill and committees names were delivered to the said mr. colefield , who with the rest was appointed to met to morrow at two of the clock in the afternoon in the middle-temple hall. the bill for the lawful making of bayes was upon the second reading committed unto sir robert wroth , mr. francis harvey and others , the burgesses of norwich and gloucester , the knights for devonshire and cornwal ; and the bill and committees names were delivered to mr. wiseman , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . the bill against the bringing in of foreign cards for wooll was upon the second reading committed unto the said former committees in the bill next foregoing ; and mr. serjeant harries , mr. serjeant hoyle , the knights and burgesses for london , and mr. hubberd were added unto them , to meet at the former place and time appointed for the said bayes . the bill for fustians was upon the second reading committed unto the former committees also . sir thomas cecill made a motion for a bill of petition to her majesty to be drawn and presented unto her , touching monopolies . whereupon mr. francis bacon perused it further , and after sundry motions and speeches had touching the said monopolies and the abuses of patents of priviledge , it was ordered to be further referred to the former committees and unto all the serjeants at law being members of this house , mr. attorneys of the court of wards and of the dutchy , sir thomas cecill and sir thomas cornwallis , who were appointed to meet on saturday next in the afternoon in the exchequer chamber , to set down in writing what shall be by them thought fit , and delivered unto her majesty by the mouth of mr. speaker in the behalf of this house . mr. rosse moving for priviledge was joyned with the former committees for priviledge . mr. attorney general and mr. doctor carew do bring from the lords a bill intituled an act for confirmation of the joynture of christian and mary sands . sir edward hobby moved concerning the wanting of some members of this house not returned into the book by the clerk of the crown . the bill for the increase of people for the strength and service of the realm , was upon the second reading committed unto all the privy council being members of this house , mr. francis bacon , mr. sollicitor , mr. mountague , sir thomas cecill , mr. pelham and others ; and the bill was delivered to mr. francis bacon , who with the rest was appointed to meet this afternoon at two of the clock in the exchequer chamber . three bills lastly had each of them one reading ; of which the first being the bill to alter the nature of gavelkind lands was read the third time and past upon the question . the proviso in the bill concerning the town-lands of wanting was read the third time and passed upon the question . on friday the th day of december , four bills of no great moment had each of them one reading ; of which the last being the bill for the retaining , well ordering and governing of mariners and seamen , was upon the second reading committed unto all the burgesses of port-towns , the burgesses for york , the knights and citizens for london , master doctor caesar , mr. wally , and others ; and the bill was delivered to mr. doctor caesar , who with the rest was appointed to meet upon monday next in the afternoon in the middle-temple hall. the bill for relieving of clothiers in the counties of suffolk and essex , was upon the second reading committed unto mr. doctor caesar , mr. edward hubbard , mr. ford , the burgesses of coventry and others ; and the bill was delivered to the said mr. ford , who with the rest was appointed to meet to morrow in the afternoon in the middle-temple hall. the bill for establishing of good orders in grammar schools was read the second time , and upon the several questions for the committing and the ingrossing was rejected . six bills of no great moment had each of them one reading ; of which the first being the bill for confirmation of statutes merchants acknowledged in the city of lincoln and town corporate of nottingham , was upon the second reading ordered to be ingrossed . seven bills were sent up to the lords from the house of commons by m r comptroller and others ; of which one was the bill concerning fustians , and another for the repairing of stains bridge and egham cawsey . the bill also for tillage and husbandry was read the first time . m r hext , one of the committees in the bill against stealing of corn and fruit , shewed the meeting of the committees and their amendments of some parts of the bill , and so delivered in the said bill to the house . sir edward hobby moved , that the clerk of the crown office in the chancery , and the clerk also of this house do attend to morrow in the afternoon in the star-chamber upon the committees for returns , with their books of the returns of the knights , citizens and burgesses of this present parliament . m r francis bacon , one of the committees in the bill to preserve the property of stoln horses in the true owners , brought in the bill with some amendments , which being thrice read was ordered to be ingrossed . m r snagg , one of the committees in the bill for increase of people for the defence and service of the realm ( who were appointed yesterday ) shewed some amendments therein by the committees , and delivered in the bill with the amendments ; and the amendments being twice read , the bill was upon the question ordered to be ingrossed . mr. colebrand one of the committees in the bill for the better staying of corn within the realm ( who were appointed on the day next foregoing ) brought in the said bill with some amendments . ognelt with his councel was appointed to be heard in the house upon monday morning next , and soin like manner the councel for the hospital of warwick . the amendments in the bill for recovering of certain waste marish and watery grounds in the isle of ely and in the counties of cambridge , huntington , northampton , lincoln , norfolk and suffolk being twice read , the bill was upon the question ordered to be ingrossed . mr. bourchier one of the committees in the bill for lessees against patentees , &c. ( who were appointed on saturday the third day of this instant december foregoing ) delivered in the bill with certain amendments and a proviso added unto it . monday next was this day appointed for the hearing of the councel of mr. throgmorton , and of sir moyle finch , and of the lord cobham in this house , and that they have each of them but one councel apiece . the bill for the lord marquess of winchester was apon the second reading committed unto mr. wingfield , mr. doctor caesar , m r mainard , mr. henry mountague , mr. francis moore and others ; and the bill was delivered to the said mr. francis moore , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . mr. wiseman , one of the committees in the bill for bays ( who were appointed on thursday the th day of this instant december foregoing ) shewed the meeting of the committees and their amendments in the same ; which amendments being twice read , the bill was ordered to be ingrossed . the amendments in the bill against lewd and wandring persons pretending themselves to be souldiers or mariners , being twice read , the bill was ordered to be ingrossed . the amendments in the bill concerning the possessions of the bishoprick of norwich being twice read , the bill was ordered to be ingrossed . m r serjeant harries , one of the committees , in the bill of establishing of an award made between edward cotten gent. and thomas harvey yeoman ( who were appointed on tuesday the th day of this instant december foregoing ) shewed the meeting and travel of the said committees , and delivered in the same bill . whereupon it was ordered to be ingrossed . three bills also had each of them one reading ; of which the second being the bill for the well ordering of such as do practise the science of chirurgery , was read the second time , and after the doubtfulness of the question three several times put , it was upon the division of the house dashed , with the difference of twenty nine voices , videlicet with the no one hundred and one , and with the yea seventy two . two bills were sent sent up to the lords from the house of commons by the chancellor and others , together with a third being for the explanation of a statute in quinto of her majesty concerning labourers . m r wiseman one of the committees in the bill for bringing in of foreign cards for wooll ( who were appointed on thursday the th of this instant december foregoing ) shewed the meeting of the committees , and that eleven only of them did meet , and six of them liked very well of the bill , and the other five not : and so delivered in the said bill , referring the same to the further consideration of this house . m r serjeant drew and m r doctor stanhop do bring from the lords two bills lately passed in this house and now also passed with their lordships , with some additions and amendments ; the one of them being for electing of hospitals for abiding and working houses for the poor , and the other for the establishing of the hospital of queen elizabeth in bristol , and for the relief of the poor and orphans there . the bill for the granting of six fifteenths and tenths and three intire subsidies unto her majesty had the second reading , and was ordered to be ingrossed . vide concerning this bill of the subsidy on wednesday the th of this instant december foregoing . edward legg esquire , one of the burgesses for the borough of wiggon in the county of lancaster , was licensed for his necessary business to depart , and left with mr. fulk onslow clerk of the house three shillings six pence for the poor and the minister . on monday the th day of december the bill for redress of abuses and deceits used in painting , was upon the second reading committed unto mr. george moore , mr. fettiplace , sir william cornwallis , mr. recorder of london and others ; and the bill was delivered to the said sir william cornwallis , who with the rest was appointed to meet to morrow at two of the clock in the afternoon , in the exchequer chamber . the bill for confirmation of letters patents granted to the merchant adventurers of the city of exeter , was upon the second reading committed unto the knights and citizens for london , the burgesses of york , lynn and newcastle , m r serjeant heyle and others ; and the bill and committees names were delivered to the said m r heyle , who with the rest was appointed to meet this afternoon at two of the clock in the middle-temple hall. the bill against the buying of armour brought from beyond the seas was read the second time , and rejected upon the several questions for the committing and ingrossing . the bill for provision of a preacher in the tower of london was upon the second reading committed unto all the privy council being members of this house , m r henry hubbard , m r lieutenant of the tower , m r recorder of london and others ; and the bill was delivered to m r chancellor of the exchequer , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the middle-temple hall. the bill also for the building of a bridge over the river of wye , was upon the second reading committed unto sir robert wroth , m r herbert crosse , m r serieant williams and others ; and the bill was delivered to sir john scudamore , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the middle-temple hall. sir edward hobbie , one of the committees for priviledge and returns ( who were appointed on saturday the th day of november foregoing ) shewed the meeting and travel of the committees in sundry cases both of priviledge and returns . whereupon it was ordered , that the clerk of this house should make search for precedents against wednesday next for further consideration then to be thereupon had by this house in the cases opened by the said sir edward hobby unto this house by order of the residue of the said committees . the bill for the lord thomas howard was upon the second reading committed unto m r chancellor of the exchequer , mr. francis bacon , mr. francis moore , mr. winch , mr. sollicitor and others , who were appointed to meet upon wednesday next in the afternoon in the treasury chamber between the hours of four and five of the clock . mr. secretary one of the committees in the bill concerning tellors and receivers ( who had been appointed on wednesday the th day of november foregoing ) shewed the meeting and travel of the committees , and their agreement in writing concerning certain objections against some part of the said bill to the number of fifteen ; which being read to the house by the clerk , it was ordered , that conference should be had with the lords for a committee of both houses to be had touching the said objections . whereupon the said mr. secretary with some others of this house were then presently sent to the lords to move for the said conference ; who returning afterwards again to this house , brought word that their lordships did very honorably and kindly accept the said message and advice of the said conference , and had appointed twenty four of themselves to confer with a convenient number of this house to meet to morrow in the afternoon , between one and two of the clock , in the great council chamber at the court. whereupon it was agreed , that all the said former committees , together with mr. hext , mr. george cooke , mr. finch , mr. winch , mr. henry hubbard , mr. edward mountague and others added unto them , should attend their lordships at the said time and place , and that the five serjeants at law being members of this house should each of them jointly endeavour to defend and maintain the reasons of the said fifteen objections equally to be proportioned to their several charges . and it was further agreed by this house and so signified unto them by mr. speaker , that any other the members of this house might in the mean time gather any other objections against any parts of the said bill , besides the said fifteen objections or of any of them , and signifie the same unto this house to morrow , sitting the court. the bill lastly for the relief of the poor was read the third time , and passed upon the question . on tuesday the th day of december six bills had each of them one reading ; of which the last being the bill for the true making of daggers , swords and rapiers , and of the blades of every of them , was read the second time and rejected upon the several questions for the committing and engrossing . the amendments in the bill for bristol were thrice read , and passed upon the question . the bill for the recovery of certain waste marish and watery grounds in the isle of ely and the counties of cambridge and huntington , northampton , lincoln , norfolk and suffolk was read the third time , and passed upon the question . the bill for the relief of the poor which passed this house yesterday , and the bill for the recovering of certain waste marish and watry grounds in the isle of ely and counties of cambridge and huntington , northampton , &c. were sent up to the lords by mr. comptroller and others . the bill for husbandry and tillage was read the second time , and after some amendments therein by some of the committees in the committee chamber of this house , and the said amendments being twice read , the bill was ordered to be ingrossed . the committees names for conference with the lords this afternoon were this day delivered to mr. comptroller . mr. serjeant drew and mr. doctor stanhop do bring from the lords the bill against forestallers , regraters and ingrossers with some amendments , which bill lately passed this house , and was sent up to their lordships . mr. crooke , mr. mountague , mr. sollicitor , mr. oldsworth , mr. robert wroth , mr. badger , mr. george moore and mr. miles sands went up presently into the committee chamber to consider further of the bill of tillage . mr. shirley , one of the committees for continuance of statutes ( who were appointed on friday the th day of this november foregoing ) shewed the meeting and travel of the said committees , together with their framing of a bill for the reviving , continuance and explanation of sundry statutes , and so delivered in the bill . mr. snagg , one of the committees for confirmation of letters patents granted to the merchant adventurers in the city of exeter ( who were appointed on monday the th day of this instant december foregoing ) shewed the meeting of the committees and their utter disliking of the said bill , shewing the reasons thereof ; and so delivered in the said bill as not fit to pass in this house . on wednesday the th day of december , five bills of no great moment had each of them one reading ; of which the last being the bill for the granting of three subsidies and six fifteenths and tenths was read the third time and passed upon the question . vide concerning this bill on wednesday the th day of this instant december foregoing . mr. attorney general and mr. doctor stanhop do bring from the lords a bill lately passed in this house intituled an act for the explanation of the statute made in the first year of her majesties raign concerning labourers ; shewing that their lordships have likewise passed the same , with some amendments . mr. secretary , one of the committees appointed to have conference with the committee of the lords yesterday in the afternoon at the court , shewed at large some particulars of the said conference ; and concluded , that their lordships did desire , that the copy of the objections read unto them by the committees of this house , might be delivered unto their lordships in writing , to the end after due consideration had by them upon the same objections , their lordships might in the like manner answer this house in the same in writing . whereupon after sundry speeches of other the committees of this house , it was agreed , their lordships should have such copy in writing both of the said objections , and also of such other objections as the members of this house should set down or collect , to be further added to the former objections ; and so delivered in the bill and objections . m r serjeant lewkener , one of the committes in the bill for confirmation and establishment of the deprivation of divers bishops in the beginning of her majesties raign ( who were appointed on saturday the third day of this instant december foregoing ) shewed the meeting and travel of the said committees , with some amendments to the bill ; and so did deliver in the said bill to the house . two bills of no great moment had each of them one reading , of which the second being the bill for establishing of the possessions of the bishoprick of norwich , was read the third time , and stayed from being put to the question for passing till to morrow that the council of mistress leicester have been heard in this house . m r francis moore , one of the committees for consideration to be had touching the method and substance of the humble thanks to be yielded unto her majesty by m r speaker , in the name and on the behalf of this whole house , for her highness most gracious care and favour , in the repressing of sundry inconveniencies and abuses practised by monopolies and patents of priviledge to be set down in writing , shewed the meeting , and travel of the said committees therein , and delivered a note thereof in writing , which being then read by the clerk , was well liked of . whereupon m r speaker moved the house , that albeit he was ready to perform their commandment according to the substance and effect of the said note in writing ; yet they would not tye him to the strict and precise form of the words and terms set down in the same note , so as he should prosecute the substance and reasons thereof , which was then yielded unto accordingly . vide concerning this matter on tuesday the th day of november foregoing . friday next is appointed to hear the learned council in the cause of lessees and patentees . on thursday the th day of december , two bills had each of them one reading ; of which the second being the bill for the lawful making of bayes was read the third time , and past upon the question . the amendments in the bill for relieving of cloathiers concerning the weight of short broad and coloured cloaths to be made in the counties of suffolk and fssex , were read twice and ordered to be ingrossed . the bill for the better staying of corn within the realm passed upon the question , upon the division of the house , upon many arguments , with the difference and advantage of twenty nine voices , viz. with the yea one hundred twenty four , with the no eighty five . whereupon after a motion , that according to the ancient orders of this house all the members of the same which did sit against against the passing of the said bill , should go forth of the house to bring in the bill into the house again , together with the residue of the members of this house which went out before that were for the passing of the said bill ; ( wherein as sundry speeches were used both pro & contra , so ) at last it was resolved it should be so done and observed for orders sake accordingly . and then all the members of this house being gone forth saving only m r speaker and the clerk , m r comptroller brought in the bill in his hand accompanied with all the said members of this house , and delivered in the same bill to m r speaker according to the ancient former usage of this house in that behalf , observed . vide a like precedent on friday march the . in parliament de an o o eliz. the old objections and the new to the number in all of nineteen , collected against sundry parts of the bill concerning tellors and receivers , &c. and prepared to be delivered to the lords , were read by the clerk , and presently thereupon were sent up to the lords together with the bill lately passed this house to preserve the property of stoln horses , and for the true making of bays . one other bill likewise passed in this house this present day , intituled an act for the better staying of corn within the realm , &c. and also the bill concerning the city of bristol , and the bill for erecting of hospitals and houses of correction and abiding houses for the poor , perfected according to their lordships amendments in both the same bills ; albeit their lordships direction in some amendments were repugnant to the former accustomed ancient orders of parliament in such cases used , as in annexing those amendments to the said bill ingrossed in parchment , and indorsed with soit baille aux communes , where the same amendments so annexed ought to have been set down in paper , and without any indorsement in the same paper at all . and one other bill lately passed this house for the explanation of the statute made in the th year of her majesties reign concerning labourers , which bill being lately passed in this house , and sent up unto their lordships , was afterwards passed by their lordships with the amendment of one only word , and so sent down unto this house from their lordships : which amendment being affiled to the said bill and ingrossed in parchment , and so ingrossed with soit baille aux communes , was sent also to their lordships , to pray that the said amendments may be returned unto this house in paper affiled to the said bill , without any indorsement in the said paper , according to the ancient form of parliament in such case used , to the end this house may thereupon proceed to the due and orderly perfecting of the same amendments accordingly . vide concerning this matter at large upon thursday the th day of this instant december ensuing , where this matter is fully handled . the bill for increase of people for the service and strength of the realm , was read the third time , and after many arguments and speeches to the said bill for the passing thereof , and sundry contradictory speeches , but only to some parts or branches of the same bill , till such time as the day was far spent , and the matter then in hand being of very great wight and moment , m r speaker moved to know the pleasure of the house whether they would in that regard be pleased to defer the said matter to be further argued till to morrow . whereof as many of the members of this house seemed to like well , so many others urging the contrary , it grew in the end to a question , whether the said matter should be deferred for further argument till to morrow , or else be presently continued ; it was upon the doubtfulness of the voices upon the putting of the question , ordered by the division of the house , with the difference and advantage of nine voices or poles , ( viz. with the yea one hundred and eight , and with the no one hundred and seventeen ) that the said argument should not be any longer continued this day , and thereupon the court did immediately rise . on friday the th day of december , five bills had each of them the third reading , and passed upon the question ; of which one was against the stretching and tentering of northern cloth , and another against the transporting of sheep-skins and pelts ; and a little after all the said five bills so passed in the house were sent up to the lords by m r comptroller and others . the bill for confirmation of the joynture of christian lady sands was upon the second reading committed unto m r comptroller , m r secretary , m r brograve , attorney of the dutchy , sir william moore , m r edward lewkenor , sir francis hastings and others : and the bill was delivered to the said sir william moore , who with the rest was appointed to meet to morrow in the afternoon in the exchequer chamber . m r snagg , one of the committees in the bill for provision of a preacher in the tower of london ( who were appointed on monday the th day of this instant november foregoing ) shewed the meeting and travel of the said committees , and by their appointment delivered in the bill , as not fit to have any course or passing in this house . after many arguments in the bill for increase of people for the service and strength of the realm both with the bill and also against it , a motion was made , that a proviso ingrossed in parchment might be added to the same bill , which was three times read ; and the bill and proviso being put to the question , the same did pass accordingly upon the question ; and it was then ordered that the said proviso should be inserted and written in the end of the said bill , as a parcel of the same . on saturday the th day of december the bill for the relieving of cloathiers concerning the weight of short broad coloured cloths to be made within the counties of suffolk and essex , was read the third time and passed upon the question ; and also upon the division of the house , with the difference and advantage of twenty six voices , ( viz. with the yea one hundred and five , and with the no seventy nine ) which being done and a motion thereupon made by some , that those which did sit against the bill might rise and go forth to fetch and bring in the bill into this house , accompanied with the residue of the members of this house according to the ancient orders of the house in such case used ; m r speaker did thereupon move that in regard of the preciousness of this present time , the parliament being so near an end , it might please this-house in yielding and assenting to the due allowance of the right of the said order in the said course thereof in the ceremony of bringing in this bill , the execution of the same may for this time be omitted and forborn in regard of the shortness of the time , and was thereupon so assented unto and ordered accordingly upon the question . nota , that there is an excellent precedent of the full performance of this ceremony on thursday the th day of this instant december foregoing ( with which also agrees another like precedent which fell out in the parliament in an . regin eliz. upon friday the . day of march ) and yet this present passage is somewhat more rare than either of those , in respect that the said ceremony contrary to the antient usage of the house of commons was omitted upon the motion of the speaker , after it had been put to the question , and overruled by the major part of voices . the bill for husbandry and tillage was read the third time and passed upon the question , and after many arguments was sent up to the lords by m r secretary and others . the council on both sides in the bill concerning the possessions of the bishop of norwich were heard at the barr , and the bill after the council sequestred was put to the question , and so passed accordingly . on monday the th day of december the amendments in the bill concerning the confirmation and establishment of the deprivation of divers bishops in the beginning of her majesties reign being thrice read , the bill with the amendments passed upon the question . two bills had each of them one reading ; of which the second being the bill against lewd and wandring persons pretending themselves to be souldiers or mariners , was read the third time and referred after sundry speeches unto sir robert wroth and others , to go up unto the committees chamber of this house and to amend some parts of the said bill according to some of the said motions . m r attorney general and m r doctor stanhop do bring from the lords a bill passed with their lordships intituled an act for confirmation of the subsidy granted by the clergy ; and do shew that their lordships do recommend the same to this house for the speedy expedition of the same bill in this house . the bill for confirmation of the subsidy granted by the clergy had its first reading . m r attorney general and m r doctor stanhop do bring from the lords a bill lately passed from their lordships by the good assent and agreement of the said parties , intituled an act of parliament for arthur hatch her majesties ward , for the injoying of the rectory and parsonage of south molton in the county of devon for certain years , reserving the usual rent . the amendments of the committees of this house , that 〈◊〉 may enjoy their leases against patentees in several cases , being twice read , and also one proviso for her majesty in the same bill likewise twice read , were ordered to be joyned and inserted into the said bill ; and one special proviso also for m r throgmorton being twice read , it was ordered after many arguments upon the said bill and last proviso pro & contra , that m r throgmorton and m r moyle finch being at the door of this house should be severally called in and demanded by m r speaker , whether they would assent to have the matter in controversy between them referred to be ended by such arbitrators as had been before nominated for that purpose unto them in the committee , viz. the lord keeper and the lord treasurer , and the two chief justices , and in what sum they would be bound each to other for their standing to and performing of such award therein so to be made : it was at last after sundry such demands made , resolved by both their assents at the bar in this house , that each of them should enter into bond unto the other in the sum of five thousand pound to stand to the order and arbitrament of the lord archbishop of canterbury , the lord keeper of the great seal of england , and the two chief justices , or any three of them , for and concerning the two leases in question ; so as the same order or arbitrament be made before the first sitting of this court which shall happen to be held next after the feast of the nativity of our lord now next ensuing , and the condition of the bond to be drawn by the learned councel of the parties , and to be perused and considered of further by m r speaker . on tuesday the th day of december , the bill for confirmation of the subsidy granted by the clergy was read the second time , and passed upon the question . m r recorder of london , one of the committees in the bill against lewd and wandring persons pretending themselves to be souldiers or mariners ( who were appointed on wednesday the th day of this instant december foregoing ) shewed , that they had amended the said bill in some parts ; which amendments being twice read to the house , before any allowance for the third reading of them , several members of this house did argue to the parts of the said bill and amendments , both with it and against it ; after which , committees were appointed in the said bill against wandring souldiers and mariners , and also in the bill concerning lessees and patentees against the next sitting of this court , and to meet to morrow in the afternoon in the middle-temple hall , who were as followeth , viz. m r sollicitor , sir thomas egerton , sir gilley merick , m r rosse , m r recorder of london , m r brograve attorney of the dutchy , sir george carey , m r crew , m r john hunt , m r philips , m r finch , m r hext , m r serjeants harries , heyle and warherton , sir walter raleigh , sir robert wroth , sir oliver lambert , m r francis moore , sir henry norris , m r bourchier , m r mountague , m r george crooke , together with all the committees in all other bills formerly committed by this house , and not as yet expedited , who are likewise to meet at the aforesaid time and place concerning such bills as are committed unto them . m r attorney general and m r doctor stanhop did bring three bills from the lords , which had passed before in this house , and had been sent up to their lordships ; whereof one was the bill for erecting of houses of correction and punishment of rogues , vagabonds and sturdy beggars ; which bill their lordships had passed with some amendments and additions . another bill was for relief of the poor , which bill their lordships had in like manner passed with some amendments and additions . and the third was for explanation of a statute made in the first year of the queens majesties reign , concerning labourers , which bill their lordships had also before passed with some amendments , and sent it down into this house , and had received the same again afterwards ; with message from this house , that this house had no warrant to take notice of that amendment , because it was in parchment and not in paper : and shewed , that their lordships did not expect any exception of such levity from the gravity of this house ; and the rather because this house had before in this present sessions of parliament admitted of such like amendments in parchment from their lordships in two other bills , and not in paper , without any such exception ; their lordships taking it not to be much material whether such amendments be written in parchment or in paper , either white paper , black paper or brown paper . which message being so delivered , and the said m r attorney and m r doctor stanhop departed , m r speaker reported unto the house the substance of the same message , putting them in remembrance , that the said amendment not only was not in paper , but was also subscribed or indorsed with soit baille aux communes . and further shewed , that the cause of the said returning of the said last recited bill unto their lordships , to the end the said amendments thereof might be sent down by their lordships unto this house in paper , without any such subscription or indorsement , and not in parchment , did proceed upon the advertisement of the clerk of this house unto m r speaker , that the ancient and usual order of the parliament in both houses was and is , that amendments in bills are to be set down only in paper and not in parchment , and that also without any manner of endorsement in the same amendments at all , because the indorsement thereof is subscribed in the ingrossed bill it self under the indorsement of this house , in the same bill . whereupon some of the members of this house charging the said clerk , that by his default and error this house was charged by the lords with the said imputation of levity , the said clerk then humbly prayed , that some of the ancient parliament men of this house might have the examination of the said cause , how it had been proceeded in , and to report such the default and errour of the clerk , if any such were . the house thereupon resolved to hear the said clerk speak himself . which done , the said clerk of this house shewed , that the clerk of the upper house coming into the exercise of his office but in this present sessions of parliament , the two bills mentioned by m r attorney to have been sent to this house from the lords with amendments in parchment ( and unto which no exceptions had been taken by this house ) he the said clerk of this house did in some friendly and courteous intention towards the said clerk of the said upper house , seek to salve up those mistakings for the time only in some part of them , but not in the whole , and so to make the said clerk of the said upper house afterwards acquainted with the due order and form of the reformation therein against other times afterwards in like cases , and had so made one of the clerks of the said clerk of the upper house privy of the right course and manner of the sending down such amendments in paper and not in parchment , and that also without any indorsement : yet nevertheless the said amendment in the said bill so returned as afore said , was eftsoons both sent down in parchment and also subscribed or indorsed with [ soit baille aux communes ] contrary to the said advice and instruction of the said clerk of this house , so as aforesaid given to one of the clerks of the said clerk of the upper house . and did further aver unto this house , that the said three bills being passed in this house ingrossed in parchment , are the bills of this house and not the bills of the lords , though sent up by this house to their lordships , and do still remain the bills of this house : and that if their lordships would have any words of amendment either taken out of the same bill , or put into it , or else otherwise altered or changed in it , then must such words be set down in paper by their lordships and annexed to the bill , shewing the line and place of the line in the bill where such words should be either taken out or put in , and then their lordships to subscribe or indorse under the superscription or indorsement of this house in the same bill , a ceste bille avecque les amendments à mesme le bille annexe , les seigneurs sent assentus . but if their lordships do add any new matter or proviso to the said bill which was not before in the same bill , then must all that be ingrossed in parchment and affiled to the said bill , and the said bill must be subscribed or indorsed under the subscription or indorsement of this house in the same bill , a ceste bille avecque le schedule à mesme le bille annexe , les seigneurs sont assentus : or , a ceste bille avecque une provision annexe , les seigneurs sont assentus , if it be a proviso and not a schedule to the body of the bill : then also must the said schedule or proviso so ingrossed in parchment be annexed to the said bill , and be subscribed and indorsed by their lordships under such schedule or proviso , soit baille aux communes , and so be sent down to this house passed by their lordships ; which done , the said words in paper must be taken out of the same bill , or else put into the same bill only by this house in the said lines and places of lines according to the direction of the lords said amendments in paper ; and the said schedule or proviso , being three times read and passed in this house upon the question , the same schedule or proviso must be subscribed and indorsed by this house under their lordships said indorsement thereof , a ceste schedule les communes sont assentus , if it be a schedule ; or , a ceste provision les communes sont assentus , if it be a proviso . which course being so then also approved by some of the ancientest now parliament members of this house , it was thought meet that all the members of this house being of her majesties privy council , together which the best sort of the rest of the members of this house , accompanied with the serjeants at law which are of this house , should be presently sent to their lordships from this house , without carrying up any bill at all , and to signify unto their lordships in the name of this whole house , that as this house had not in any manner of sort erred in their said returning unto their lordships the said bill and amendments in parchment to have had the same done in paper and without any subscription or indorsement at all , to the end this house might by warrant thereof have inserted the same amendments into that their own ingrossed bill according to the ancient order of parliament in such cases formerly used by this house : so this house doth take it self to be very hardly dealt with , to be taxed by their lordships with imputation of levity , and reproached by other unusual and unnecessary terms delivered unto them this day in the said message from their lordships . and then upon some further motion it was resolved , that m r secretary , accompanied with m r chancellor of the exchequer and others , should be thereupon sent to their said lordships presently for that purpose . which done , the said m r secretary putting the house in mind that the lords had sent down to this house three bills , at their time of sending down their said message to this house , moved , that this house would be pleased to accompany this their message unto their lordships imposed upon him , with the bill which this day passed in this house , for confirmation of the subsidy of the clergy . which being yielded unto , the amendments of the lords in paper annexed to the said ingrossed bill of this house , intituled an act for the explanation of the statute made in the first year of her majesties reign concerning labourers , were three times read by the clerk and agreed upon the question , and presently inserted into the said ingrossed bill accordingly ; and both bills were thereupon sent up to their lordships by the said m r secretary and others , together with the said message of this house ; and at their returning back again , the said m r secretary signified unto this house that he had delivered their said message unto the lords according to their charge laid upon him therein . but what was their lordships answer is most negligently and inconsiderately omitted by fulk onslow esq clerk of the house of commons ; though it may be not improbably gathered , that their lordships did rest very well satisfied with this message of the said house of commons , and did impute the said mistakes to be the inexperience of the said thomas smith esquire their new clerk , who had this parliament succeeded unto anthony mason esq , formerly clerk of the upper house . which may the rather be conjectured , because there was another precedent this very parliament upon thursday the th day of november foregoing , in which the lords upon a like mistake of the said clerk did very honourably acknowledge the said error and caused it to be amended . the next thing finally that ensueth upon relation of the aforesaid great business , is the adjournment of the parliament , which is entred in these very words following . this day this court was adjourned until the th day of january next coming at eight of the clock in the morning by her majesties commandment , and so likewise the upper house . upon which said th day of january being wednesday , the house ( according to the aforesaid adjournment upon tuesday the th day of december last past ) met again , and without any further ceremony proceeded in such ordinary bills and businesses as had been left unperfected in the former meeting ; the first of which that is expressed in the original journal-book of the house of commons , was the giving of the first reading unto the amendments and provisoes of the lords added unto the bill lately passed in this house and sent up to their lordships , and again returned from them with the said amendments and provisoes , being intituled an act for the erecting of houses of correction and punishment of rogues , vagabonds and sturdy beggars . the amendments and provisoes of the lords in the bill lately passed in this house , intituled an act for the relief of the poor , were likewise this day read in the house for the first reading of the same amendments and provisoes . the bill for arthur hatch her majesties ward for the injoying of the rectory and parsonage of south-molton in the county of devon for certain years , reserving the usual rent , was read the first time . the bill concerning the high-way lands of ailesbury in the county of buckingham was upon the second reading committed unto m r chancellor of the exchequer , m r recorder of lendon , m r lea , the burgestes of aylesbury , m r boyer , and others ; who were appointed to meet in the inner-temple hall at two of the clock in the afternoon of this day . m r hext , one of the committees in the bill against wandring souldiers and mariners , and in the bill concerning lessees and patentees , shewed that for lack of meeting of the committees to a convenient number they had done nothing in those bills , and so prayed another time for their meeting . whereupon the former committees ( who had been nominated on saturday the third day , and on wednesday the th day of december foregoing ) were appointed to meet to morrow at serjeants-inn hall in chancery-lane , at two of the clock in the afternoon for the said bill against wandring souldiers and mariners , and the bill and committees names were delivered to m r hext one of the said committees : and the further course of the said bill concerning lessees and patentees to be deferred to be further considered of by the former committees in the same . the bill for limitation of time for bringing of formedons in the deseender , and writs of error , was upon the second reading committed unto m r serjeants heyle , harris and walberton , m r attorneys of the dutchy and court of wards , m r sands , sir edward hobby and divers others , who were appointed to meet to morrow in the afternoon at two of the clock at serjeants-inn hall in chancery-lane . the bill for costs to be awarded in a prohibition , was upon the second reading committed to the former committees , to meet at the former day and place , and mr. doctor james , mr. doctor bennit , mr. doctor caesar , mr. doctor parkings , mr. doctor crompton and others were added unto them for this bill . the amendments and proviso of the committees in the bill to prevent double payments of debts upon shop-books was deferred till to morrow to be further considered of , for the perfecting of the same , above in the committees chamber for this house . the bill lastly for taking away of clergy from robbers of houses in the day time , though no person be therein , was read the first time . on thursday the th day of january , three bills had each of them one reading ; of which the last being the bill for the due execution of ordinances made by corporations , was upon the second reading committed unto mr. philips , mr. serjeant walberton and others , who were appointed to meet to morrow in the afternoon at two of the clock at serjeants-inn in chancery-lane . the bill to restrain the excessive making of mault was read the second time and committed to the former committees which had been in two other bills before framed to this purpose ( whereof the first had its second reading , and was committed upon wednesday the th day of november foregoing , and then as it seems being rejected by the committees , a new bill was to that purpose by them framed , which had its second reading on wednesday the th day of december foregoing , and was thereupon committed to the former committees and some others , who , as may very plainly be gathered , disliking the said new bill , framed yet a third bill more to the like effect , which was this present thursday read the second time and committed to all the former committees in the two other bills ; whose names because they are in the former commitments but in part set down , are now at last in this place inserted at large , in respect that the said bill touching maultsters was so often altered , which is not usual , the names of which committees were as followeth , viz. sir robert wroth , mr. hubberd , mr. liere , the burgesses of york , hull , worcester and gloucester , mr. bembridge , mr. henry yelverton , mr. wallis , mr. oglethorp , mr. john caswell , sir henry norris , mr. henry vaughan , mr. green , sir henry north , mr. george rotheram , mr. william ford , mr. miles sandes , mr. recorder of london , mr. stevenson , mr. michael stanhop , mr. swaine , mr. little , mr. fulk grevill , mr. peake , mr. litten , mr. nathaniel bacon , the burgesses of norwich and cambridge , warwick , coventry and tewxbury , sir thomas hobby , mr. winch , mr. yelverton , the knights and burgesses of bedford , sir william brereton , mr. austen , mr. henry hubberd , mr. serjeant walberton , sir francis knolles , mr. edward lewkenor , mr. stoughton , mr. stringer , doctor bennit , mr. smith and sir john tracy ; and the bill and committees names were delivered to mr. hubberd , one of the said committees , who with the rest was appointed to meet to morrow at two of the clock in the afternoon at serjeants-inn in chancery-lane . m r attorney general and m r doctor stanhop did bring word from the lords , that whereas there did pass a bill in this house intituled an act for the increase of people for the service and strength of the realm , which was sent up to their lordships by this house , their lordships have had the same bill twice read in the upper house with their lordships ; and did further signify that their lordships did desire a conference touching that bill with a selected number of the members of this house ; and that their lordships had appointed thirty one of themselves for that purpose , and have appointed the place of meeting to be in the great council chamber at the court between one and two of the clock in the afternoon . upon the delivery of which message to the house by m r speaker , there were appointed for the said conference all the privy council being members of this house , sir thomas cecill , sir walter raleigh , sir william cornewallis , m r francis bacon , all the serjeants at law , m r fulk grevil , sir robert wroth , sir william moore , sir thomas conisby , sir george carey , mr. sollicitor , master philips , with divers others . and it was then further ordered , that the two commitments this day appointed to have been holden to morrow in the afternoon in serjeants-inn in chancery-lane , should be deferred unto saturday next in the afternoon in the said place ; and that mr. comptroller with some other members of this house do presently repair unto the upper house to move their lordships on the behalf of this house , that their lordships would be pleased to set down in writing unto this house the reasons their lordships have to object against the said bill , that the said committees of this house may be the better informed to satisfy their lordships therein to morrow at the said conference . mr. comptroller with other the members of this house returning from the lords shewed , that they have moved their lordships for the having of the said reasons delivered unto this house in writing , according to the charge of this house delivered unto him and them by this house in that behalf ; and that their lordships answer was , that they did think it to be against the ancient orders of parliament to deliver any reasons in writing before a verbal conference first had of both houses together , which was to be done to morrow . vide jan. . postea . the bill for the hundred of beynersh aliàs benherst in the county of berks was read the second time , and upon the question was ordered to be ingrossed . the amendments this day made by some of the members of this house above in the committees chamber of this house in the bill to prevent double payment of debts upon shop-books , were twice read , and upon the question were ordered to be ingrossed . the amendments and provisoes of the lords to the bill lately passed in this house , intituled an act for the erecting of houses of correction and punishment of rogues , vagabonds and sturdy beggars , being twice read for the second and third reading of the same amendments and provisoes , were together with the said bill after sundry speeches first had , referred to the further examination and consideration of sir walter raleigh , mr. francis bacon , mr. sollicitor , mr. lewkenor , mr. wingfield , sir edward hobby , sir william cornwallis , mr. hext , mr. serjeant harries and sir robert wroth , who were appointed to meet this afternoon together with the other committees in the bill against wandring souldiers and mariners , at serjeants-inn n chancery-lane . mr. serjeant drew and mr. dr. stanhop did bring from the lords one bill lately passed this house and sent up to their lordships , intituled an act for the naturalizing of certain englishmens children and others born beyond the seas , and do shew that their lordships have passed the same bill with some amendments of their lordships in the same bill . the learned councel for the hospital of warwick being this day present at the bar in this house , and no councel at all for any adverse party then appearing to be present , it was resolved that one ..... ognell being prisoner in the fleet should be advertized by mr. serjeant harris , that to morrow is given for him to bring his councel into this house , if he so will , at his own peril . and further it is resolved , that if the said ognell shall not then bring his councel accordingly , this house will then further proceed for the behalf of the said hospital as shall appertain without further delay . the bill to reform deceits and breaches of trust touching lands given to charitable uses , was read the first time . on friday the th day of january , two bills of no great moment had each of them one reading ; of which the second being the bill concerning garret de malines , and john hunger merchants strangers , was upon the second reading committed unto the knights and burgesses of london , mr. thomas smith , sir walter raleigh , mr. oldsworth and others ; and the bill and committees names were delivered to sir john hart , one of the committees , who with the rest was appointed to meet upon monday next at two of the clock in the afternoon in serjeants-inn in chancery-lane . mr. oldsworth , one of the committees in the bill for the erecting and building of a bridge over wye at wilton upon wye , near the town of rosse in the county of hereford ( who were appointed on monday the th day of december foregoing ) shewed the meeting and travel of the committees , with some amendments by them in the bill , and so delivered in the said bill into the said house . two bills of no great moment had each of them one reading ; of which the second being the bill concerning the suppression of unlawful and unsized bread , was upon the second reading committed unto the knights and citizens of london , mr. edward hubbard , the burgesses for chester , worcester , oxford , bristol , winchester and cambridge , serjeant harris and others , who were appointed to meet to morrow in the afternoon at two of the clock at serjeants-inn in chancery-lane , and the bill and committees names were delivered to m r recorder of london . the learned councel on both parties concerning the bill for the hospital of warwick being present at the bar , and heard at large , it was after sundry arguments and speeches both against the bill and with the bill ordered upon the question to be ingrossed . sir walter raleigh , one of the committees in the bill against wandring souldiers and mariners , and for conferring some part of the same bill , with the lords amendments and provisoes in the bill lately passed in this house intituled , an act for the erecting of houses of correction and punishment of rogues , vagabonds and sturdy beggars , shewed the meeting and travel of the committees , and that they do think it convenient that some conference be prayed with the lords by this house as well touching some parts of their lordships said amendments and provisoes , as of some parts of their lordships said amendments tending to the body of the said bill : upon which it was after some few speeches had by some members of this house concerning the said motion , thought good to respite any further proceeding in the said motion for conference till to morrow , in regard partly that another conference is already appointed to be had this afternoon with their lordships at the court by certain committees of the house upon a former appointment . m r finch , one of the committees in the bill for costs in a prohibition ( who were appointed on wednesday the th day of this instant january foregoing ) shewed the meeting and travel of the committees , with some their amendments to the bill ; and so delivered the bill into the house ; which amendments being twice read , and the bill after sundry speeches further then also in some part altered , the bill was upon the question ordered to be ingrossed accordingly . m r john acton , one of the burgesses for droitwich in the county of worcester , is for his special business licensed by mr. speaker to depart . on saturday the th day of january , two bills of no great moment had each of them one reading ; of which the second being the bill to reform deceits and breaches of trust touching lands given to charitable uses was upon the second reading committed unto mr. serjeant harris , mr. serjeant lewkenor , mr. serjeant warberton , the knights and burgesses for london , mr. miles sands , sir robert wroth and others ; and he bill and committees names was delivered to mr. serjeant harris , who with the rest was appointed to meet upon monday next at two of the clock in the afternoon at serjeants-inn in chancery-lane . the bill for the reviving , continuation and explanation and perfecting of divers statutes was upon the second reading committed unto all the privy-council being members of this house , sir walter raleigh , sir edward hobby , mr. anthony wildman , mr. sollicitor , mr. francis bacon , sir george carey , mr. fulk grevill , sir oliver lambert , mr. brograve , attorney of the dutchy , with divers others , who were appointed to meet in the exchequer chamber upon tuesday next at two of the clock in the afternoon . mr. attorney general and mr. doctor stanhop coming from the lords , mr. attorney shewed , that whereas yesterday in the conference at the court by the committees of both houses it pleased their lordships to appoint him to deliver unto the committees of this house such defects as their lordships did conceive to be in the bill lately passed in this house , for the increase of people for the service and defence of the realm , which he then did so deliver accordingly ; at which time the same was verbally answered but only by one of the said committees of this house , and that also with protestation of no advantage to be taken thereby to the prejudice or hindrance of the bill : at which time also , as it was prayed by the said committees of this house , that their lordships would vouchsafe to set down the said pretended defects in writing , and their lordships then assented so to do ; so their lordships did now send down the same in writing unto this house accordingly . and so the said mr. attorney did deliver the same to mr. speaker , and then departed . vide january the th tuesday poslea . the bill for arthur hatch her majesties ward for the enjoying of the rectory and parsonage of south-molton in the county of devon , for certain years reserving the usual rent , was read the third time and passed upon the question . sir walter raleigh renewing the motion for a conference to be prayed with the lords concerning their said amendments and provisoes in the bill for erecting of houses of correction and punishment of rogues and sturdy beggars , for the better reconciling of the same with the bill now begun in this house against wandring souldiers and mariners , it was thereupon thought convenient by this house that he the said sir walter raleigh accompanied with a convenient number of the members of this house , should presently repair to the upper house to move for the said conference accordingly . sir walter raleigh and the residue returning from the lords , after the bill to prevent double payment of debts upon shop-books had been read the third time and passed the house , he shewed that they moved their lordships for the said conference on the behalf of this house , and that their lordships have thereupon appointed six of themselves to meet for that purpose with a convenient number of the members of this house upon monday next at eight of the clock in the morning in the second chamber of the upper house : and did further shew unto this house , that when he and the residue ( after the said motion made unto their lordships for the said conference ) did attend their lordships answer , and were called in to receive the same , their lordships did then deliver the said answer unto the said members of this house at the bar , not using any of their lordships former and wonted courteous manner of coming down towards the said members of this house to the bar , but all of them sitting still in their great estates very solemnly and all covered , the lord keeper sitting also still in like manner covered , delivered the said answer unto the said members of this house , to the great indignity of this house , and contrary to all former usage of their lordships heretofore towards the members of this house in like cases accustomed . whereupon their lordships innovation being misliked of by sundry members of this house very much , and in some part debated by them , for further resolution thereupon there were nominated and appointed for that purpose mr. comptroller , sir walter raleigh , mr. grevill , sir robert wroth , sir oliver lambert , mr. hext , mr. chancellor of the exchequer , sir anthony mildmay with many others , who were appointed to meet this afternoon at two of the clock in serjeants-inn in chancery-lane , to inform themselves in the said cause against that time of conference accordingly . vide on january the th friday , residuum istius materiae . mr. bacon reciting in part the proceedings yesterday in the conference with the lords at the court , and putting the house in mind of the objections of the lords , delivered this day in writing by mr. attorney general , moved for a committee of some selected members of this house to be nominated to confer and consider upon the said objections for the better answering of the same to the maintenance of the bill . whereupon some desiring that the said objections might be read , all was then further deferred till monday next , the time being now far spent , and the house ready to rise . on monday the th of january , two bills had each of them one reading ; of which the first being the bill for explanation and addition of an act of quinto reginae for maintenance of the navy , was read the first time . the . objections of the lords touching the bill lately passed in this house , and sent up to their lordships , intituled an act for the increase of people for the service and defence of the realm , were read to the house upon the motion of m r francis bacon , who after the reading of the aforesaid objections moved eftsoons for a committee of some select members of this house to have some speedy conference together to their better maintenance of the said bill , and answering or confuting the said objections . whereupon were nominated and appointed these following , viz. all the privy council being members of this house , sir thomas cecill , m r francis bacon , m r sollicitor , m r brograve , attorney of the dutchy , m r serjeant warberton , m r serjeant harries , m r serjeant heyle , m r serjeant lewkenor , m r serjeant williams , m r miles sands , m r francis moore , m r combes , m r philips , mr. crew , sir walter raleigh , mr. lawrence hide , mr. yelverton , mr. robert wingfield , mr. wiseman , mr. recorder of london , sir anthony mildmay , sir edward hobby sir thomas conisby , mr. george crooke and mr. humphrey conisby , to meet this afternoon at two of the clock in the exchequer chamber for that purpose , and the objections and committees names were delivered to mr. comptroller . vide january the twenty fourth . sir edward hobby moved that the serjeant of this house be commanded to call leicester to appear in the house for the serving of a subpoena upon sir henry norris , and also to warn one stevens . whereupon mr. arnold moved for the like order for a privy seal served upon him by a member of this house returnable into the court of wards . but what farther proceeding there followed in either of the matters is very negligently omitted in the original journal-book of the house of commons . mr. wingfield , one of the committees in the bill for the due execution of ordinances made by corporations ( who were appointed on thursday the th day of this instant january foregoing ) shewed the meeting of the committees , and their good liking of the bill to pass as it is already framed ; and so delivered in the bill , and moved that it might be put to the question for the ingrossing , which was so done accordingly . mr. serjeant warberton , one of the committees in the bill for limitation of time for bringing of formedons in the descender and writs of errour ( who were appointed on wednesday the th day of this instant january foregoing ) shewed the opinions of the committees to be that the bill is fit to be reserved till the next parliament , and so delivered in the bill . sir edward hobby , one of the committees in the bill for the joynture of the lady sands ( who were appointed on friday the th day of december foregoing ) moved for a new day to be appointed for the meeting of the committees . whereupon day was given upon wednesday next at two of the clock in the afternoon in the exchequer chamber . the bill for the relief of the hundred of beynersh aliàs benherst in the county of berks was read the third time and passed upon the question . mr. comptroller , one of the committees of this house for conference this present morning with the committees of the lords touching their lordships amendments and provisoes to the bill lately passed this house , intituled , an act for the erecting of houses of correction and punishment of rogues , vagabonds and sturdy beggars ( who were appointed on thursday the th day of this instant january foregoing ) shewed the travel of the committees of this house with the committees of the lords in the said conference at large , and so leaving the further consideration to the resolution of this house , the further reading of the said provisoes was after sundry speeches then had deferred till to morrow . two bills also had each of them one reading ; of which the first being the bill for the hospital of warwick , was read the third time and passed upon the question . mr. serjeant drew and mr. doctor carew do bring word from the lords , that their lordships have given two readings to the bill lately passed in this house and sent up to their lordships concerning the establishment of the possessions of the bishoprick of norwich ; and that for the better expediting of the bill , their lordships do desire present conference with a committee of this house with six of their lordships . whereupon mr. brograve , attorney of the dutchy , mr. francis bacon , sir edward hobby , sir william cornwallis , sir robert wroth , sir william moore , mr. miles sands , mr. warner , mr. serjeant warberton , mr. lieutenant of the tower and mr. edward hubberd were nominated and sent presently for that purpose accordingly . four bills were sent up to the lords from the house of commons by sir tho. cecill and others ; of which one was the bill to prevent the double payment of debts upon shop-books . the bill that sir anthony mildmay may dispose of his lands intailed to him by sir walter mildmay his father , was upon the second reading committed unto mr. secretary , mr. chancellor of the exchequer , sir thomas cecill , sir edward hobby , mr. sollicitor , m. philips , mr. serjeant halle and others ; and the bill and committees names were delivered to mr. chancellor of the exchequer , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . mr. serjeant drew and mr. doctor stanhop did bring from the lords a bill which lately passed in this house , and was sent up unto their lordships , intituled an act for the repressing of offences that are of the nature of stealth , and are not felonies by the laws of the realm , which bill their lordships have also passed with some amendments . on tuesday the th day of january , four bills had each of them one reading ; of which the last being the bill for the assurance of the joynture of joyce the wife of john thornbrigg was read the second time , and upon the several questions was rejected . the bill to reform sundry abuses in the garbling of spices and drugs , was read the second time and rejected upon the several questions for the committing and for the ingrossing . m r serjeant drew and m r doctor stanhop did bring from the lords a bill concerning a lease of great value procured to be passed from her majesty by william kirkham the younger , which bill their lordships have passed , and do desire the speedy expediting thereof in this house , the same bill greatly importing her majesty . whereupon the same bill was presently read in this house for the first reading thereof accordingly . the amendments and provisoes of the lords to the bill lately passed in this house , intituled an act for the erecting of houses of correction and punishment of rogues , vagabonds and sturdy beggars , being read for the third reading thereof , the bill being put to the question , and after sundry speeches and arguments first had both with the bill and against the bill , was dashed upon the division of the house , with the advantage and difference of forty voices , viz. with the no a hundred and six , and with the yea sixty six upon the doubtfulness of two several former questions for the passing thereof . m r attorney general and m r doctor stanhop do bring from the lords a bill lately passed in this house , intituled an act for the establishment of the bishoprick of norwich and the possession of the same , against a certain concealed pretended title made thereunto ; and do shew that their lordships have also passed the same bill , with a proviso thereunto added by their lordships , and so delivered the bill to m r speaker . on wednesday the th day of january , eight bills had each of them one reading ; of which the first being the bill for renewing , continuance and explanation of an act for the necessary relief of mariners and souldiers was read the first time ; and the last being the bill to tax all lands and goods for the payment of the subsidy in the same parish where it lyeth , was read the first time , and rejected upon the question for a second reading . the committees in the bill to restrain the excessive making of mault , ( who were appointed on thursday the th day of this instant january foregoing ) and the committees in the bill to restrain deceits and breaches of trust ( who were appointed on saturday the th day of this instant january foregoing ) are appointed to meet in the exchequer chamber this afternoon at two of the clock . m r finch , one of the committees in the bill against wandring souldiers and mariners ( who were appointed on wednesday the th day of december foregoing ) shewed the meeting and travel of the committees , and that they have made a new bill for that purpose ; and so delivering in both the old bill and the new bill , prayed the speedy expediting of the said new bill . whereupon the same bill was then presently read for the first reading . the bill to enable thomas knivet esquire to dispose of certain landsentailed to him by dame anne knivet his mother , was upon the second reading committed unto mr. serjeant williams , mr. serjeant warberton , sir walter raleigh , mr. brograve attorney of the dutchy , and others ; and the bill and committees names were delivered to sir walter raleigh , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . the bill for taking away of clergy from robbers of houses in the day time though no person be in the house at the time of the robbery , was upon the second reading referred to sir robert wroth , m r serjeant hale and others , to consider further for some amendments in the same bill presently in the committee chamber of this house . the bill for explanation and addition of an act of o reginae for the maintenance of the navy , was upon the second reading committed unto sir walter raleigh , mr. henry hubberd , mr. cole , mr. chapman , mr. doctor caesar , mr. lewkenor and others ; and the bill and committees names were delivered to mr. doctor caesar , who with the rest was appointed to meet in the exchequer court at two of the clock in the afternoon . the bill concerning lessees and patentees , with a note of the committees names , was delivered to the former committees ( who were appointed on saturday the d day of december foregoing ) to be further considered by them concerning such their amendments in the same bill as have not yet been read in this house . the bill for confirmation of ordinances made by corporations was read the third time , and after sundry speeches and arguments both with the bill and against the bill , and upon some motions to be made for the said bill before it should be put to the question for the passing , the question was first made for the said amendments , and resolved both upon the question and also upon the division of the house with the difference and advantage of sixty five voices , viz. with the yea seventy , and with the no a hundred thirty five , that the amendments should not be made to the said bill ; and then afterwards the said bill being put to the question accordingly , the same bill was dashed . m r attorney general and m r doctor stanhop coming from the lords , m r attorney shewed , that their lordships commanded him to signifie unto this house , that whereas their lordships received a bill from this house intituled an act for increase of people for the service and defence of the realm , their lordships having a very good liking of the meaning and intent of the said bill , and finding nevertheless sundry imperfections in the said bill , have not only imparted those imperfections in a verbal conference by a committee of their lordships unto a committee of this house , but also did afterwards deliver the same in writing unto this house ; since which time their lordships have heard nothing thereof from this house ; their lordships do now desire to understand the further mind of this house touching the same bill . which message being reported unto the house by m r speaker , and the said mr. attorney and mr. doctor stanhop first sequestred , it was thereupon resolved by this house , that answer should be made unto their lordships , that this house hath not omitted any opportunity to consider of the said pretended imperfections for the further answering of them with all possible conveniency , and will signifie the same unto their lordships with as convenient speed as they can . which answer for this time was immediately after delivered by mr. speaker unto the said mr. attorney and mr. doctor stanhop to be returned unto their lordships accordingly . vide jan. . tuesd. postea . on thursday the th day of january , the bill for reuniting the mannor of paris garden in the county of surrey , was upon the second reading committed unto mr. brograve attorney of the dutchy , mr. norton , mr. wiseman , mr. serjeant williams , mr. edmund boyer , and mr. francis more and others ; and the bill with the committees names was delivered to mr. edmund boyer , who with the rest was appointed to meet to morrow in the afternoon in the middle-temple hall at two of the clock . the bill for the repealing of a branch of a statute made in the thirty fourth year of king henry the eighth , intituled , the ordinance for wales , was read the second time , and not being spoken against by any was ordered to be ingrossed . m r snagg , one of the committees in the amendments of the bill for the reviving , continuing , explanation and perfecting of divers statutes ( who were appointed on saturday the th day of this instant january foregoing ) and in the bill also for taking away of clergy from robbers of houses in the day time though no person be in the house at the time of the robbery done ( who were appointed yesterday ) shewed the meeting and travel of the committees , and sundry their amendments and additions to the said bills at large , and so delivered in both the said bills into the house accordingly . mr. serjeant harris , one of the committees in the bill to reform deceits and breaches of trust ( who were appointed on saturday the th day of this instant january foregoing ) shewed the meeting and travel of the committees , and some their amendments and additions to the same bill , which amendments and additions being twice read , the bill was upon the question ordered to be ingrossed . mr. francis bacon , one of the committees of this house to confer and consider of the . objections of the lords unto the bill lately passed this house , intituled , an act for the increase of people for the service and defence of the realm , shewed the meeting and travel of the committees , and that they have set down in writing answers to the same objections ready to be presently sent to their lordships if this house shall so think good , and so moved the present reading of the same answers in this house . whereupon the clerk of this house did severally read all the said objections , and the said mr. bacon did then also read every several answer to the same objections particularly and distinctly . which being done , it was after some motions and speeches of sundry members of this house resolved by this house , that the said answer in writing should be sent up from this house to their lordships presently by mr. comptroller , accompanied with a convenient number of the members of this house , which was so done thereupon accordingly . vide concerning this matter on tuesday the th day of this instant january ensuing . mr. brograve attorney of the dutchy , one of the committees in the bill for confirmation of the jointure of christian lady sands ( who were appointed on friday the th day of december foregoing ) shewed the meeting and travel of the said committees at large , and concluded with a motion that the council of both sides may be heard in this house for the better satisfaction of this house in the cause . whereupon it was ordered that their council should be heard in this house upon saturday next accordingly , and both the parties to have but one councel a-piece . the bill to take away future uses creating perpetuities of lands was read the first time . the bill against the excess of apparel was upon the second reading committed unto all the privy-council being members of this house , sir walter raleigh , sir edward hobby , sir thomas conisby , sir oliver lambert , mr. yelverton and others ; and the bill and committees names were delivered to mr. comptroller , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . vide febr. th . on friday the th day of january , the bill for the sale of the lands and goods of john sharp to pay his debts , was upon the second reading committed unto sir john hart , mr. henry hubberd , mr. nevill , mr. thomas smith , mr. southerton , mr. colebrand and others ; and the bill with the committees names was delivered to mr. southerton , who with the rest was appointed to meet this afternoon at two of the clock in the middle-temple hall. the bill that thomas culpepper and john culpepper may dispose of their lands whereof they are tenants in tail as other tenants in tail may do , was read the second time and committed to m r barker , mr. serjeant harris , mr. hide , mr. wiseman , mr. wingfield , mr. serjeant williams , and sir william cornwallis ; and the bill and committees names were delivered to the said mr. serjeant williams , who with the rest was appointed to meet in the middle-temple hall at two of the clock this afternoon . mr. serjeant harris , one of the committees in the bill that lessees may enjoy their leases ( who were appointed on saturday the d day of december foregoing ) and in the bill concerning the suppressing of unlawful and unsized bread ( who were appointed on friday the th day of this instant january foregoing ) shewed the meeting and travel of the committees in both the said bills , and their amendments in the bill concerning lessees and patentees ; which amendments being then twice read , the bill was upon the question ordered to be ingrossed . and further shewed , that the said bill concerning the suppressing of unlawful and unsized bread was in opinion of the said committees fit to be reserved till another parliament . the amendments and proviso of the lords to the bill intituled an act for the relief of the poor being thrice read , the said amendments were assented unto , and the said proviso passed upon the question . the amendments of the lords to the bill intituled an act for the naturalizing of certain english mens children and others born beyond the seas being three times read , were assented unto by this house upon the question . the proviso of the lords added to the bill intituled an act for the establishment of the bishoprick of norwich and the possessions of the same against a certain pretended concealed title made thereunto , being three times read , the same proviso passed upon the question . three bills also had each of them one reading ; of which the last being the bill to reform deceits and breaches of trust touching lands given unto charitable uses was read the third time , and passed upon the question . the amendments of the lords in the bill lately passed in this house intituled an act for the repressing of offences that are of the nature of stealth and are not felonies by the laws of the realm , being thice read , were assented unto by this house . four bills were sent up to the lords from the house of commons by mr. comptroller and others ; of which the first was the bill for the establishment of the bishoprick of norwich , and the possessions of the same against a certain pretended concealed title ; and the second was the bill for arthur hatch &c. with two others of no great moment , which passed the house this present day ; with further order that this house desired some conference with their lordships for the further satisfaction of this house touching the said innovation of their lordships said manner of their late giving answer unto the members of this house contrary to their lordships former usage in such cases heretofore . the bill for the most commodious usage of lands dispersed in common fields was read the second time , and rejected upon the several questions for the committing and ingrossing . william kirkham the younger was brought into this house to the barr and heard at large ; and resolved further by the house not to hear him any further nor any councel for him : nevertheless to hear the councel to morrow of such as pretend any interest under the title of kirkham to any the lands comprehended in the lease mentioned in the bill . m r attorney general and m r doctor stanhop do bring from the lords a bill lately passed in this house intituled an act for the maintenance of husbandry and tillage , which bill their lordships have also passed with very many amendments and with a proviso . and shewed further , that their lordships commanded him to shew unto this house , that their lordships had very willingly yielded unto the motion of this house made unto their lordships this present day for conference , and that their lordships had for that purpose appointed the number of twenty of themselves , and do desire that the same conference may be had presently , if it shall so please this house . which being done , and the said m r attorney and m r doctor stanhop gone out of the house , it was resolved that a convenient number of this house should presently attend their lordships in the said conference . and the same being afterwards so signified unto the said m r attorney and m r doctor stanhop , who were called again into this house to receive that answer , all the privy council being members of this house , sir william moore , m r fulk grevil and others being members of this house were presently thereupon sent up unto their lordships accordingly . the bill for the reviving , continuing and explanation of an act for the necessary relief of mariners and souldiers was upon the second reading committed unto the committees in the bill against the excess of apparel ( who were appointed yesterday foregoing ) and to meet in the exchequer chamber at two of the clock this afternoon , and m r arnold was now added to the same committee . the amendments of the committees in the bill for taking away of clergy from robbers of houses in the day-time though no body be in the house at the time of the robbery done , being twice read , the bill was upon the question ordered to be ingrossed . the bill to prohibit the carrying of herrings was upon the second reading committed unto m r walgrave , m r oldsworth , m r edward lewkenor , m r wiseman and others , who were appointed to confer presently in the committee chamber of this house . m r comptroller and the residue returning from the lords , m r secretary shewed that in the debate of the ..... but touching what business this report was made by m r secretary , or what that business was , is evey negligently omitted by fulk onslow esq clerk of the house of commons , in the original journal-book it self of that house , although a whole blank page be there left with intention doubtless at first to have inserted it : and therefore it shall not be amiss here in some sort to set it down , partly out of some former passages of the said journal book , and partly out of the original journal-book of the upper house . and first for the business it self , it was grounded upon some distaste that sir walter raleigh and other members of the house of commons had received from the carriage of the lords towards them in not rising unto them upon the delivery of an answer to a certain message brought up by them to their lordships on saturday the th day of this instant january foregoing , as is there set down at large . to which said distast of theirs the lords did this present friday , being the th day of the same month , in the conference had between the committees of either house , desire to make satisfaction according to the resolution had by their lordships in their own house yesterday being thursday . which said resolution or answer of their lordships was as it should seem now reported unto the house of commons by m r secretary cecill upon his return with the other committees from the said conference , and is set down upon the said thursday being the th day of the said instant january in the above-mentioned original journal-book of the upper house much to the purpose and effect following , viz. that their lordships answer was , that in the delivery of the said message unto the said sir walter raleigh and others the said members of the house of commons , upon saturday the th day of this instant january last past , their lordships had not given unto them the said members of the said house any just distast , or therein offered unto the said house of commons it self any indignity at all ; but that their lordships had therein observed the ancient order of parliament , which they were fully satisfied to be as followeth , viz. that when any bills or messages are brought from the house of commons to be presented to the upper house , the lord keeper and the rest of the lords are to arise from their places and go down to the bar , there to meet such as come from the house of commons , and from them to receive in that place their messages or bills : but contrariwise , when any answer is delivered by the lord keeper in the name and behalf of the house , to such knights and burgesses as come from the house of commons , the said knights and burgesses are to receive the same standing towards the lower end of the house without the bar , and the lord keeper is to deliver the same sitting in his place with his head covered , and all the lords keeping their places . and hereupon the house of commons was satisfied , and the same form was afterwards kept accordingly . nota , that this little foregoing passage only is supplied out of the original journal-book of the upper house , and now what ensueth is again inserted out of that of the house of commons . on saturday the th day of january , two bills of no great moment had each of them one reading ; of which the last was the bill for restraint of carrying of corn or grain out of this realm at certain times . m r francis goodwin , one of the committees in the bill for establishing certain lands given by will for the maintenance of the high-ways at ailesbury in the county of buckingham ( who were appointed on wednesday the th day of this instant january foregoing ) brought in the bill with some amendments , which being twice read , the bill was upon the question ordered to be ingrossed . m r walgrave , one of the committees in the bill to prohibite the carrying of herrings beyond the seas ( who were appointed yesterday ) shewed the meeting of the committees and their amendments of the bill , which amendments being twice read , the bill was upon the question ordered to be ingrossed . the bill that the plaintiffs shall pay the defendants their costs by lying in prison for want of bayl if the action pass against the plaintiffs , and for the punishment of wrongful arrests upon forged warrants , was read the first time . m r sollicitor , one of the committees in the bill for the reviving , continuance , explanation and perfecting of divers statutes ( who were appointed on saturday the th day of this instant january foregoing ) shewed the meeting and travel of the committees and some their amendments in the same bill ; which amendments being twice read to the house , it was after many motions and speeches for recommitment of the same bill ordered upon the division of the house in the doubtfulness of two former questions with the advantage of thirty voices , viz. with the no an hundred twenty four , with the yea ninety one , that the said bill should not be recommitted : and afterwards upon another question it was ordered that the said bill should be ingrossed . the lord sandes and sir walter sandes with their councel were present here in this house at the bar and heard at large touching the bill for the confirmation of the jointure of christian lady sandes ( which had been read the second time and committed on friday the th day of december foregoing . ) vide january . tuesday postea . the bill against lewd and wandring persons pretending themselves to be souldiers or mariners was read the third time , and after many speeches and arguments , some with the bill and some against the bill , was in the end put to the question , together with a proviso added thereunto and three times read , and so passed accordingly . mr. edward hubberd , one of the committees in the bill to restrain the excessive making of mault and disorderly brewing of strong beer ( who were appointed on thursday the th day of this instant january foregoing ) shewed the meeting and travel of the said committees with some their amendments to the said bill , and so delivered in the bill to the house . on monday the th day of january , three bills of no great moment had each of them one reading ; of which the third being the bill for explanation of a saving in a statute made xxvii o reg. eliz. intituled , an act for the better foundation and relief of the poor of the hospital of eastbridge in the county of canterbury , was read the second time and rejected upon the several questions for the committing and ingrossing . sir john hart , one of the committees in the bill concerning garret de malines and john hunger merchants strangers ( who were appointed on friday the th day of this instant january foregoing ) shewed the meeting and travel of the committees , and their making of a new bill for sundry considerations then opened by him , and so delivered in both the old bill and the new bill . the bill for the better measuring of seven miles from the town of great-yarmouth , according to a statute made in the thirtieth year of king edward the third , was upon the second reading committed unto mr. comptroller , mr. chancellor of the exchequer , mr. brograve attorney of the dutchy , mr. maynard , mr. fulk grevill , mr. walgrave and others ; and the bill with the committees names was delivered to the said mr. fulk grevill , who with the rest was appointed to meet to morrow in the afternoon at two of the clock in the exchequer chamber . mr. shirley , one of the committees in the bill for the sale of the lands and goods of john sharp to pay his debts ( who were appointed on friday the th day of this instant january ) shewed the meeting and travel of the committees with some their amendments to the same , and so delivered in the said bill to the house . the bill for reviving , continuance , explanation and perfecting of divers statutes was read the third time and passed upon the question . five bills were sent up to the lords from the house of commons by mr. comptroller and others ; of which one was the bill against lewd and wandring persons pretending themselves to be souldiers and mariners , and another for the naturalizing of certain englishmens children and others born beyond the seas . the amendments and provisoes of the lords in the bill for the maintenance of husbandry and tillage lately passed this house being three times read , the said amendments were assented unto and the said proviso passed upon the question . the bill that lessees may enjoy their leases against all patentees their heirs and assigns , notwithstanding any default of payment of their rent during the time that the reversion or inheritance remained in the crown , was read the third time and passed upon the question . the bill for reviving , continuance , explanation and perfecting of divers statutes , and the bill that lessees may enjoy their leases against all patentees , their heirs and assigns , notwithstanding any default of payment of their rents during the time that the reversion or inheritance remained in the crown , were sent up to the lords by mr. secretary and others . mr. serjeant drew and mr. doctor carew did bring word from the lords , that whereas a bill lately passed in this house was sent up unto their lordships intituled an act for the increase of people for the service and defence of the realm , and their lordships had thereupon caused the same bill first to have two readings in the upper house , and finding many imperfections in the same bill , yet their lordships very well liking of the intent and scope of the said bill and the good furtherance thereof , moved for conference with some of the members of this house touching the said bill , wherein the said imperfections were first imparted by their lordships unto the committees of this house in a verbal conference , and afterwards sent down by their lordships to this house in writing ; and answers thereupon returned by this house to their lordships in writing , to the same imperfections ; their lordships very much affecting the purport and true meaning of the said bill , and wishing all good furtherance therein , do desire that a convenient number of selected members of this house may be appointed to have conference with six of their lordships touching this matter to morrow at eight of the clock in the morning in the chamber next the upper house : and do also desire , that a convenient number of the members of this house may be in like manner appointed to meet with their lordships to morrow at two of the clock in the afternoon in the great council-chamber at the court for conference touching the bill passed by their lordships and sent down by them unto this house , intituled an act for the better explanation and execution of the act made in the thirteenth year of the queens majesties reign cap. to concerning tellors , receivers , &c. whereupon mr. comptroller , mr. secretary , mr. chancellor of the exchequer , mr. francis bacon , mr. brograve attorney of the dutchy , and all the serjeants at law being members of this house , mr. recorder of london , mr. george moore , mr. yelverton , sir walter raleigh , mr. fulk grevill , sir thomas cecill and mr. attorney of the court of wards , were nominated and appointed to attend their lordships to morrow in the morning at eight of the clock in the chamber next to the upper house accordingly . the former committees of this house in the said bill concerning tellors , receivers , &c. ( who were appointed on monday the th day of december foregoing ) were this day likewise appointed to attend their lordships to morrow at two of the clock in the afternoon at the said great council chamber at the court. vide concerning this matter , as also touching the bill for increase of people , &c. on tuesday the th day of this instant january immediately ensuing . the amendments in the bill to restrain the excessive making of mault and disorderly brewing of strong beer being twice read , the bill was after many speeches and arguments both with the bill and against the bill ordered upon the question to be ingrossed . on tuesday the th day of january the bill concerning garret de malins and john hunger merchants-strangers had its first reading , being a new bill , and was brought in by the committees of the old bill , who were appointed on friday the th day of this instant january foregoing , and had thought fit that the said old bill should be rejected . the new bill also for the disposing of certain lands to m r thomas knivet , was read the first time ( after that the old bill had been rejected by the committees thereof , who were appointed on wednesday the th day of this instant january foregoing . ) the bill for confirmation of the joynture of mary lady verney was upon the second reading committed unto m r philips , m r sands , m r francis goodwin , m r snagg , m r oglethorpe and others ; and the bill with the committees names were delivered to m r snagg , who with the rest were appointed to meet at four of the clock this afternoon in the middle-temple hall. the bill for establishing an award made between edmund cotten gentleman and thomas harvey yeoman for the assurance of certain lands in the county of norfolk to thomas bennet and his heirs for ever , was read the third time and passed upon the question , the learned councel on both sides being first heard at large at the bar. after sundry long speeches by divers members of this house in the bill for confirmation of the joynture of christian lady sands both with the bill and against the bill , with some motions for having the matter between the lord sands and sir walter sands referred to arbitrement or comprmise , it was at last resolved upon the question , that according to the said motions the said course should be taken for compromise accordingly , and the said parties should become bound each to other for the performance of such award or arbitrement as should be made by arbitrators to be named by this court ; and further , that the said lord sands and sir walter sands be warned to be here in this court to morrow to understand the purpose of this house in that behalf accordingly . vide concerning this matter on saturday the . day of this instant january foregoing . vide etiam diem sequentem . m r comptroller shewed that himself and the residue of the committees appointed by this house for conference with the lords touching the bill intituled an act for the increase of people for the service and defence of the realm , have attended their lordships this morning according to the charge of this house given to him and the residue of the committees for that purpose . and further shewed , that their lordships having perused and considered the answer of this house in writing to their lordships objections in writing delivered by them to this house , their lordships cannot give passage to the said bill : but liking very well of the purpose and intent of the said bill , their lordships do wish another bill to be drawn and proceeded in to the said effect in some good course ; and do purpose to send down unto this house to morrow morning some points or heads in writing for that purpose . vide touching this business on thursday the th day , saturday the th day , monday the th day , wednesday the th day , thursday the th day , and on monday the d day of this instant january foregoing . vide itidem diem sequentem . on wednesday the th day of january m r snagg one of the committees in the bill for confirmation of the joynture for the lady mary verney wife of sir edmund verney knight ( who were appointed on the day foregoing ) shewed the meeting and travel of the committees , and some few amendments in the same bill , and so delivered in the bill . two bills of no great moment had each of them one reading ; of which the second being the bill for the avoiding of deceit in measure and weights , was read the first time . the committees in the bill for the better measuring of seven miles from the town of great yarmouth ( who were appointed on monday the d day of this instant january foregoing ) are ordered to meet at two of the clock this afternoon in the exchequer chamber . the committees in the bill also for reviving , continuing and explanation of an act for the necessary relief of souldiers and mariners are likewise to meet this afternoon at two of the clock in the exchequer chamber . the bill for the better execution of judgments was upon the second reading committed unto m r brograve attorney of the dutchy , m r finch , m r yelverton , mr. carew , mr. francis bacon and others ; and the bill and committees names were delivered to the said mr. carew , who with the rest was appointed to meet this afternoon at two of the clock in grayes-inn hall. the amendments in the bill for erecting and building of a bridge over the river of wye at wilton upon wye near the town of rosse in the county of hereford being twice read , the same was upon the question ordered to be ingrossed . the amendments in the bill for confirmation of the jointure of the lady verney wife of sir edmund verney knight , being twice read , the bill was upon the question ordered to be ingrossed . the amendments in the bill for the reuniting of the mannor of paris garden in the county of surrey being twice read , the bill was upon the question ordered to be ingrossed . two bills also had each of them one reading ; of which the second being the bill to restrain the excessive making of mault , was read the third time , and after sundry arguments both with the bill and against the bill , and certain words stricken out in the first proviso , in one place thereof the word [ such ] and in another place thereof these words [ or maults for his own expences only ] passed upon the question . mr. attorney general and mr. doctor stanhop do bring word from the lords , that whereas a selected number of their lordships in a verbal conference with a committee of some of the members of this house concerning a bill lately passed in the upper house and sent down by their lordships unto this house , intituled an act for the better explanation and execution of the act made in the thirteenth year of the queens majesties reign concerning tellors , receivors , &c. divers exceptions were then taken by the committees of this house unto the said bill , and were afterwards sent up to their lordships by this house in writing ; with which said exceptions their lordships not being satisfied , have sent down unto this house their lordships answer unto the same also in like manner in writing : and so did then deliver the same to mr. speaker and departed . which message being reported unto the house by mr. speaker , it was resolved , that the former committees of this house in that cause ( who were appointed on monday the th day of december foregoing ) with some others then added unto them , should meet this afternoon at two of the clock in the exchequer chamber to confer and consider of their lordships said answer in writing accordingly . the lord sands and sir walter sands being present in this house , mr. speaker imparted unto them the motion of this house for compromising the cause . whereunto the parties assenting , after either of them had been heard speak severally their further minds unto this house in some particulars , the said lord sandes made choice of the earl marshal and of m r comptroller , and the said sir walter sandes made choice of m r secretary and m r chancellor of the exchequer for the said compromise . whereupon the earl marshal after his pleasure first signified unto this house , the meeting of the same committees was then appointed to be at the court to morrow in the afternoon . vide concerning this matter on saturday the th day , monday the th day , and on tuesday the th day of this instant january foregoing . four bills were sent up to the lords from the house of commons by mr. comptroller and others ; of which the second was the bill to prohibit the carrying of herrings , and the third to retain the excessive making of mault . m r serjeant lewkenor , one of the committees of this house for the late conference with the committees of the lords upon monday last in the morning concerning the bill for increase of people for the service and defence of the realm , did bring from the committees of the lords certain articles or heads in writing unto this house , for the framing of a new bill to the purpose presently of the old bill , though not in that form , to the end their lordships may understand the opinion and liking of this house touching the same articles or heads ; and so delivered in the same articles in writing into this house . whereupon after many speeches and arguments by divers members of this house for the reading or not reading , for the committing or not committing of the said articles , pro & contra , it was at last resolved upon the question , that the said articles should be read , and so they were thereupon read accordingly . which done , after some further debating for the retaining or the returning of the same articles , and for answer therein to their lordships , it was ordered , that the said m r serjeant lewkenor should presently himself alone go and deliver the said articles again unto such of the said lords committees as he had first received them of ; signifying for answer only , that they had been read in this house , and no more . vide concerning this matter on thursday the th day , on saturday the th day , on monday the th day , on thursday the th day , on monday the th day , and on tuesday the th day of this instant january foregoing . m r finch , one of the committees in the bill against excess of apparel ( who were appointed on thursday the th day of this instant january foregoing ) shewed the meeting and travel of the committees and some of their amendments in the same bill , and likewise their framing of a new bill to avoid the great excess used in wearing of ruffs . and so delivered in both the said bills into this house . on thursday the th day of january , two bills had each of them one reading ; of which the second being the bill concerning garret de malynes and john hunger merchant strangers , was read the second time , and ordered upon the question to be ingrossed . m r arnold , one of the committees in the bill for the reviving , continuing and explanation of an act for the necessary relief of mariners and souldiers , prayed a new day of meeting for the committees in that bill . whereupon m r arnold , sir henry norris , sir giles merrick , sir oliver lambert , the knights and burgesses for london , m r hext , m r wiseman , m r doctor sands , m r cole , sir thomas conisby , m r harper , sir francis hastings , m r snagg , m r james harrington , sir francis popham with many others , who were nominated and appointed to meet this afternoon at two of the clock in the middle-temple hall. the bill for the setling and disposing of certain lands of m r thomas knivets was read the second time , and ordered upon the question to be ingrossed . two bills also had each of them one reading ; of which the last being the bill for further ceremony and credit to be required for mills , was read the second time , and upon the question for the commitment thereof was upon the division of the house ordered not to be committed , with the advantage of forty six voices , with the no a hundred and forty , and with the yea ninety four , and afterwards upon another question for the ingrossing was ordered to be ingrossed . m r serjeant drew and mr. doctor carew did bring from the lords a bill passed with their lordships , intituled an act for the reforming of sundry abuses committed by souldiers and others , used in her majesties services concerning the wars . the learned councel of certain persons pretending interest under the title of william kirkham the younger , to some of the lords comprehended in the lease mentioned in the bill , were this day heard at large in this house , and were appointed to prepare their provisoes to be offered unto the bill against to morrow . mr. serjeant drew and mr. doctor stanhop did bring from the lords a bill passed with their lordships intituled an act for punishment of rogues , vagabonds and sturdy beggars . the bill for the reforming of sundry abuses committed by souldiers and others used in her majesties services concerning the wars , was read the first time . on friday the th day of january , the bill that plaintiffs shall pay the defendants their costs lying in prison for want of bayl if the action pass against the plaintiff , was read the second time and committed unto mr. sands , mr. boyes , mr. snagg , mr. george crooke , mr. recorder of london and others , who were appointed to meet this afternoon at two of the clock in the middle-temple hall. the committees likewise in the bill for the execution of judgment ( who were appointed on wednesday the th day of this instant january foregoing ) and the committees in the bill for avoiding of deceits in measures and weights , were likewise appointed to meet at the same time and place , which was now upon the second reading committed to the former committees in the bill that the plaintiffs shail pay the defendants their costs , and mr. johnson was added unto them . the bill for punishment of rogues , vagabonds and sturdy beggars , was read the first time . the amendments in the bill for explanation and addition of an act of quinto regin . eliz. for maintenance of the navy being twice read , the bill was rejected upon the question for ingrossing . two bills of no great moment had each of them one reading ; of which the second being the bill to give some remedy against the decay and spoil of the queens majesties highways in the counties of sussex , surrey and kent through disorderly carrying to iron forges and furnaces , was read the second time and committed to the knights of those three shires , mr. shirley , mr. binley , mr. oglethorp , mr. colebrand , mr. edward lewkenor and others ; and the bill and committees names were delivered to the said mr. colebrand , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the middle-temple hall. the bill for reformation of sundry abuses committed by souldiers and others used in her majesties services concerning the wars , was upon the second reading committed unto mr. grevill , sir robert wroth , sir walter raleigh , mr. henry nevill , sir george carcy , mr. brograve attorney of the dutchy , and divers others ; and the bill and committees names were delivered to sir walter raleigh , who with the rest was appointed to meet to morrow at two of the clock in the afternoon in the exchequer chamber . mr. serjeant drew and mr. doctor stanhop did bring from the lords a bill lately passed in this house , intituled an act to reform deceits and breaches of trust touching lands given to charitable uses , and did shew that their lordships have likewise passed the same bill with a proviso and some amendments . the amendments and provisoes of the lords to the bill lately passed in this house , intituled an act to reform deceits and breaches of trust touching lands given to charitable uses , being three times read , the said amendments were assented unto by this house , and the said proviso passed upon the question accordingly . the bill concerning the highway lands of the town of aylesbury in the country of buckingham was read the third time , and upon some motions by some members of this house was ordered to be respited from being put to the question till to morrow , that the councel of the other sides may be here . m r doctor carew and m r doctor stanhop did bring from the lords the bill lately passed in this house intituled an act against lewd and wandring persons pretending themselves to be souldiers and mariners : and did shew in like manner , that their lordships had passed the same bill with some amendments . the amendments of the lords in the bill lately passed in this house intituled an act against lewd and wandring persons pretending themselves to be souldiers and mariners , being three times read , the same amendments were upon the question assented unto accordingly . the committees of this house in the bill from the lords intituled an act for the better explanation and execution of an act made in the thirteenth year of the queens majesties reign capito quarto , concerning tellors , receivors , &c. ( who were appointed on wednesday the th day of this instant january foregoing ) were appointed to meet this afternoon in the exchequer chamber at two of the clock , and have further consideration and conference amongst themselves touching the proceeding in the same bill . on saturday the th day of january , the bill for punishment of rogues , vagabonds and sturdy beggars was read the second time and committed unto some members of this house to be considered of in the committee chamber of this house . the bill for confirmation of the jointure of mary lady verney wife of sir edmund verney k t , was read the second time and passed upon the question . goodale , one of the adverse parties to the bill concerning the highway lands of the town of aylesbury being present in this house and praying some words to be inserted into the said bill , which being upon due and deliberate consideration of this house admitted to be inserted accordingly , and three times read , the bill was put to the question , and passed thereupon accordingly . mr. pembridg , one of the committees in the bill for reviving , continuing and explanation of an act for the necessary relief of mariners and souldiers ( who were appointed on thursday the th day of this instant january foregoing ) shewed the meeting and travel of the committees and some their amendments to the bill , and so delivered in the bill to the house . the bill for punishment of rogues , vagabonds and sturdy beggars was read the third time and passed with an amendment of this house in the last line of the same bill , viz. by inserting these words [ end of the ] between the first word [ the ] and the word [ first ] in the same line . mr. serjeant drew and mr. doctor cary did bring from the lords a bill passed with their lordships , intituled an act against the decaying of towns and houses of husbandry ; and another bill which lately passed in this house , and was sent up to their lordships , intituled an act for the lawful making of bayes within the counties of fssex and suffolk ; which bill is also passed with their lordships , with a proviso added to the same by their lordships ; which said proviso being three times read , was passed upon the question . the bill against the decaying of towns and houses of husbandry had its first reading . on monday the th day of january the bill concerning garret de malynes and john hunger merchant strangers was read the second time . there were seven bills this morning sent up to the lords from the house of commons by m r secretary and others ; of which the first was the bill for punishment of rogues , vagabonds and sturdy beggars ; the second for the lawful making of bayes ; and the third was the bill to reform deceits and breaches of trust touching lands given to charitable uses : with order also to move their lordships for conference some time after this present day with their lordships , concerning the bill lately passed with their lordships , and sent down by them unto this house , intituled an act to reform sundry abuses committed by souldiers and others used to her majesties services concerning the wars . m r chancellor of the exchequer , one of the committees for conference amongst themselves concerning the bill intituled an act for the better explanation and execution of the act made in the th year of the queens majesties reign cap. quart . concerning tellors and receivors , &c. shewed the meeting and travel of the committees , and their not liking to pass the same bill in this house in manner and form as the same was passed with the lords , in regard of many inconveniencies appearing in the same bill , which were then opened by him at large : and shewed further , that they thought good to frame a new bill in that cause with a better and more reasonable form ; and so delivered in the same bill , which was thereupon presently read for the first reading accordingly . m r snagg one of the committees in the bill that the plaintiffs shall pay the defendants costs lying in prison for want of bail ( who were appointed on friday the th day of this instant january foregoing ) and in the bill to avoid deceits in measures and weights , shewed the meeting and travel of the committees with their amendments to the said bill to avoid deceits in measures and weights , and their opinion of reserving the said other bill till another parliament , and so delivered in both the said bills into the said house . m r doctor carew and m r doctor stanhop did bring from the lords a bill intituled an act for the confirmation of statutes merchants acknowledged in the town corporate of newcastle upon tyne . the bill against the decaying of towns and houses of husbandry was read the second time , and committed unto the former committees in the bill for reforming of sundry abuses by souldiers and others used in her majesties service concerning the wars ( who were appointed on friday the th day of this instant january foregoing ) and to meet this afternoon at two of the clock in the exchequer chamber , as in the said other bill is likewise appointed ; and the bill and committees names were delivered to m r chancellor of the exchequer . m r secretary and the residue returning from the lords , he shewed their delivering both of their bills and of the message of this house unto their lordships , as he had in charge by this house to do . and further shewed , that their lordships have appointed twenty of themselves to meet with a convenient number of the members of this house for the conference in the great council chamber at the court at two of the clock in the afternoon concerning the said bill intituled an act for the reforming of sundry abuses by souldiers and others used in her majesties services concerning the wars . the bill for confirmation of the joynture of christian lady sands was read the third time . two provisoes ingrossed in parchment being offered unto this house by the lord sands to be added to the said bill , were twice read , and upon the second reading of the same provisoes it was ordered after many and sundry arguments and speeches of divers members of this house , that the same provisoes should be committed unto mr. comptroller , mr. chancellor of the exchequer , mr. brograve attorney of the dutchy , mr. sollicitor , mr. serjeant williams , and others ; and the provisoes were delivered to mr. sollicitor , who with the rest was appointed to meet to morrow at eight of the clock in the afternoon in the committee chamber of this house . vide concerning this matter on saturday the th day , and on tuesday the th day of this instant january foregoing . on tuesday the th day of january the bill for confirmation of statutes merchants acknowledged in the town corporate of newcastle upon tyne , was read the first time . the amendments in the bill for reviving , continuing and explanation of an act for the necessay relief of mariners and souldiers being twice read , the bill was upon the question ordered to be ingrossed . the amendments in the bill for avoiding deceits in measures and weights were twice read , and after some speeches had by sundry members of this house touching the same bill pro & contra , the learned councel of the clerk of the market being upon a motion of some of this house admitted to be heard at the bar , and called for that purpose by the serjeant of this house to come in , the serjeant shewed that the said clerk of the market was gone down into the hall to fetch his said councel , in the mean time whereof the house entred into another cause , and the said bill was thereupon committed to be put to the question for ingrossing . the bill for the more speedy payment of the queens majesties debts and for the better explanation of the act made in the th year of the queens majesty , intituled an act to make the lands , tenements , goods and chattels of tellors , receivers , &c. lyable to the payment of their debt , was read the second time and committed unto the former committees , and sir walter raleigh , m r fulk grevil , m r swayne , sir anthony mildmay , sir anthony cope and others were added to them ; and the bill with the committees names was delivered to m r sollicitor one of the said former committees , who with the rest was appointed to meet to morrow at four of the clock in the star-chamber in the afternoon . m r fulk grevil one of the committees in the bill for the better measuring of seven miles from the town and haven of great yarmouth in the county of norfolk ( who were appointed on monday the d day of this instant january foregoing ) shewed the meeting of the committees , and that they cannot agree upon any thing touching the said bill ; and so delivered in the same bill in such manner as he before received the same out of this house . m r sherley one of the committees in the bill concerning the high-wayes in sussex , surrey and kent ( who were appointed on friday the th day of january foregoing ) shewed the meeting and travel of the committees with some their amendments in the same ; and so delivered in the said bill . the two provisoes to the bill for confirmation of the joynture of christian lady sands being returned to the house by the committees and read the third time , the said bill and provisoes were passed upon the question . vide concerning this business on saturday the . day , on tuesday the th day and on monday the th day of this instant january foregoing . the proviso in parchment offered unto the bill intituled an act concerning a lease of great yearly value procured to be passed from her majesty by william kirkham the younger , was twice read ; and after many disputes and arguments by sundry members of this house , the same proviso was read again for the third reading , and then the said bill was in like manner read the third time ; which done , the question was put for the annexing of the said proviso to the said bill , and ordered upon the question and upon the division of the house with the advantage of six voices , that the said proviso should not be annexed to the said bill , the yea being but seventy , and the no being seventy six . and afterwards the bill being in like manner put to the question , the said bill was passed upon the question and upon the division of the house with the advantage of four voices , the yea being seventy five , and the no being but seventy one . vide concerning this matter on friday the th day of this instant january foregoing . on wednesday the . day of february three bills of no great moment had each of them one reading ; of which the last being the bill for reviving , continuing and explanation of an act for the necessary relief of mariners and souldiers was read the third time and passed upon the question the amendments in the bill against the excess of apparel was read the second time and ordered upon the question to be ingrossed . the bill for the maintenance of hospitality and for increase of all victuals and flesh , whereby the poor shall be much relieved , was read the second time , and rejected upon the several questions for the committing and ingrossing . the amendments and provisoes of the lords to the bill lately passed in the house and sent up to their lordships from this house , intituled an act against forestallers , regrators and ingrossers , being three times read , the said amendments and proviso where dashed upon the questions . two bills lastly had each of them one reading ; of which the last being the bill for the confirmation of statutes merchants in the town corporate of newcastle upon tyne , was read the third time and passed upon the question . m r recorder of london , m r tanfield , m r wiseman , m r snagg , m r finch , m r lea , m r francis moore , m r boyes , m r hide and m r john shirley were added to the former committees in the bill for the better execution of judgment ( who were appointed on wednesday the th day of this instant january foregoing ) and were appointed to meet this afternoon at two of the clock in the middle-temple . on friday the third day of february , the bill to restrain the lading of corn in some ports was upon the second reading committed unto m r colebrand , m r hext , sir thomas mounson , m r arnold , the burgesses of port towns , m r shirley and others , who were appointed to meet this afternoon at two of the clock in the middle-temple hall. the bill also for the restraint of carrying of corn out of the realm was read the second time and committed to the last former committees , and the same time and place appointed for meeting , and both the said bills and committees names were delivered to m r colebrand . the bill against the excess of apparel was read the third time and passed upon the question . m r serjeant drew and mr. doctor stanhop did bring from the lords a bill intituled an act for the reformation of the abuses touching wine-casks with special recommendation for the speedy proceeding in the same bill ; and did further bring word from their lordships , that whereas their lordships received a bill from this house intituled an act for the reviving , continuance and explanation of divers statutes , which bill as their lordships do wish good success unto , so their lordships do in that respect pray present conference of some convenient number of this house with six of their lordships . whereupon mr. shirley , mr. snagg , mr. duport , mr. francis moore , mr. george crooke , mr. finch , mr. oldsworth , sir robert wroth , mr. wiseman , mr. boyes , mr. tasborough , mr. colebrand , mr. george moore , sir francis hastings and mr. serjeant lewkenor were presently appointed for that purpose accordingly . four bills were sent up to the lords from the house of commons by sir francis hastings and others ; of which the first was the bill for confirmation of statutes merchants acknowledged in the town corporate of newcastle upon tyne ; and the second was for the renewing , continuance and explanation of an act for the necessary relief of souldiers and mariners . mr. secretary one of the committees in the bill for reforming of sundry abuses committed by souldiers and others used in her majesties services concerning the wars ( who were appointed on friday the th day of january foregoing ) shewed that he and the other of the committees of this house have attended the committees of their lordships in that bill accordingly ; and that they found their lordships very honourably inclined to hear the further minds and opinions of this house touching any the parts or points of the said bill for their lordships better satisfactions concerning the same . and so moving for another meeting of the said committees of this house to consider and confer touching the said bill amongst themselves in the mean time , the committees names were thereupon read by the clerk , and the time of their meeting set down to be to morrow at two of the clock in the afternoon in the exchequer chamber . mr. francis bacon , one of the committees in the bill lately passed in the upper house and sent down by the lords to this house , intituled an act against the decaying of towns and houses of husbandry , shewed the meeting of the committees , and that the more part of them being imployed in the committee of a bill for the more speedy payment of the queens majesties debts ( who were appointed on tuesday the th day of january foregoing ) and in the bill for the better explanation of the act made in the thirteenth year of her majesties reign intituled an act to make the lands , tenements , goods and chattles of tellors , receivors , &c. liable to the payment of their debts , they would proceed in the said other bill , and so moved for another meeting for that purpose . whereupon it was ordered the same should be at two of the clock in the afternoon of this present day in the exchequer chamber . mr. serjeant drew and mr. doctor stanhop did bring from the lords a bill lately passed in this house and sent up to their lordships intituled an act for the establishing of the lands given by john bedfords will to the perpetual repair and amendments of the highways at aylesbury in the county of buckingham according to the said will ; and did shew that their lordships had likewise passed the same bill in the upper house with some amendments , and with a proviso annexed unto the same by their lordships ; and so did deliver the said bill to mr. speaker . sir francis hastings and others returning from the lords , he shewed the delivering of the bills unto their lordships which were sent up unto them by himself and others the members of this house . the bill for reformation of abuses in wine-casks was upon the second reading committed unto sir robert wroth , the knights and burgesses of london , mr. snagg , mr. wiseman , mr. thomas smith , the burgesses of york , mr. peirson , mr. hext , mr. stevenson , mr. george moore and mr. lilley ; and the bill and committees names were delivered to mr. hext , who with the rest was appointed to meet to morrow in the morning at eight of the clock in the committee chamber . on saturday the th day of february , mr. john shirley one of the committees in the bill for the better execution of judgment ( who were appointed on wednesday the th day of january foregoing ) shewed the meeting and travel of the committees and some their amendments in the bill , and so delivered in the bill . the bill for erecting and building of a bridge over the river of wye at wilton upon wye near the town of rosse in the county of hereford , was read the third time and passed upon the question . m r doctor carew and m r doctor stanhop did bring from the lords a bill passed in this house and sent up to their lordships , intituled an act for establishing a joynture to anne lady wentworth now wife of william pope esquire , and for the better enabling of william pope aforesaid to sell certain of his lands for the payment of his debts , and another for the confirmation of the jointure of the lady verney wife of sir edmund verney knight , which bill their lordships have also passed with some amendments . the bill for the more speedy payment of the queens majesties debts , and for the better explanation of the act made in the . year of the queen intituled an act to make the lands , tenements , goods and chattels of tellors , receivours , &c. lyable to the payment of their debts , was read the third time , and after very many speeches and arguments both with the bill and against the bill , was in the end passed upon the question , and upon the division of the house , with the advantage of thirty three voices , viz. with the yea one hundred ninety five , and with the no one hundred and twelve . m r doctor carew and m r doctor stanhop did bring from the lords a bill lately passed in this house and sent up to their lordships , intituled an act against the deceitful stretching and taintering of northern cloaths ; and did shew that their lordships have also passed the same bill in the upper house with some amendments added by their lordships to the same bill , and so did deliver the bill to m r speaker . the said m r doctor carew and m r doctor stanhop did bring from their lordships a bill lately passed in this house and sent up unto their lordships , intituled an act for the reviving , continuance , explanation , perfecting and repealing of divers statutes ; and did shew that their lordships have in like manner passed the same bill with some amendments and a proviso ; and so delivered in the bill and proviso to m r speaker . on monday the th day of february two bills had each of them one reading ; of which the first being the bill for reformation of retailing brokers and pawn-takers was read the first time . m r boyes one of the committees in the two bills , the one against carrying of corn out of the realm and the other to restrain the lading of corn in some ports , shewed the meeting and travel of the committees with some amendments in one of the same bills , and so delivered in the same bills into this house . m r francis bacon one of the committees in the bill lately passed in the upper house by the lords , and sent down to this house , against the decaying of towns and houses of husbandry , shewed the meeting and travel of the committees and their amendments to the same bill , which amendments being read to the house were very well liked of by the whole house . thomas bashfield was present at the bar and charged with a contempt against the priviledge of this house in disturbing by way of an appearance of robert sherry a member of this house returned a burgess for the town of ludlow in the county of salop , and was for his said contempt then committed to the serjeants ward , there to remain during the pleasure of this house , and was on the next day after discharged of his imprisonment paying his fees and taking the oath of supremacy . five bills were sent up to the lords from the house of commons by m r comptroller and others ; of which the last was the bill for the conrfimation of the joynture of mary lady verney , wife of sir edmund verney knight . the amendments and provisoes of the lords in the bill lately passed in this house for establishing of the lands given by john bedfords will to the perpetual repair and amendments of the highways at aylesbury in the county of bucks according to the said will , being three times read , the same amendments were assented unto , and the proviso likewise passed upon the question . m r doctor carew and m r d r stanhop did bring from the lords a bill lately passed in this house and sent up to their lordships for the further continuance and explanation of an act for the necessary relief of souldiers and mariners made in the thirty fifth year of the queens majesties reign that now is ; and did shew that their lordships have in like case passed the same bill in the upper house with some amendments , and so delivered in the said bill to m r speaker . the bill for the amendments of the high-ways in the counties of sussex , surry and kent , was read the third time and passed upon the question . the amendments of the committees of this house in the bill lately passed by the lords against the decay of towns and houses of husbandry , and sent down by their lordships into this house , being three times read , were assented unto by this house upon the question accordingly . whereupon the said bill and amendments being read for the third reading , and put to the question for the passing , the said bill and amendments in that form were passed by this house upon the same question . m r doctor carew and m r doctor stanhop , did bring from the lords two bills ; of which the first was the bill for the draining and recovery of certain overflown grounds in the county of norfolk , and delivered the same bill to m r speaker . on tuesday the th day of february , two bills of no great moment had each of them one reading ; of which the second being the bill for establishing a joynture to anne lady wentworth now wife of william pope esquire , and for the better enabling of the said william pope to sell certain of his lands for the payment of his debts , was read the second time and committed to mr. comptroller , mr. lewkenor , mr. francis bacon , mr. oglethorpe , mr. boyes , with divers others , who were appointed to meet this afternoon at two of the clock in the court of wards . the amendments and proviso of the lords in the bill lately passed in this house intituled an act for the reviving , continuance , explanation , perf cting and repealing of divers statutes , being thrice read , the amendments were assented unto , and the proviso was passed upon the question . the bill lately passed in this house intituled an act for the amendment of highways in sussex , surry , and kent , the bill for the establishing the lands given by john bedford's will to the perpetual repair and amendments of the highways at aylesbury in the county of buckingham , with one other of no great moment , were sent up to the lords by mr. comptroller , mr. chancellor and others . the bill for the better measuring of seven miles from the town of great-yarmouth according to a statute made in the th year of king edward the third was read the third time , and dashed upon the question by the division of the house , with the difference of eighteen voices , viz. with the no a hundred and eight , and with the yea ninetv m r serjeant drew and m r doctor carew did bring word from the lords , that their lordships do desire a conference of a convenient number of the members of this house with twenty of their lordships this afternoon in the chamber next the upper house , touching the bill lately passed in this house intituled an act against the excess of apparel . whereupon it was ordered that the former committees of this house in the same bill ( who were appointed on thursday the th day of january foregoing ) shall attend their lordships accordingly . post meridiem . the bill for reformation of retailing brokers and pawn-takers was read the second time , and thereupon committed unto m r george moore , m r hart , m r recorder of london , m r lewkenor , m r wiseman , m r ludlow , sir john leviston , m r crompton , m r conisby , m r lidley , m r johnson and m r doctor parkins , who were appointed to meet to morrow morning in the committee chamber . the amendments and proviso of the lords in the bill lately passed in this house and sent up unto their lordships , intituled an act for the recovery of three hundred thousand acres more or less of waste marish and watery grounds in the isle of ely , and in the counties of cambridge , huntington , northampton , lincoln , norfolk and suffolk were read three times . the provisoes of the lords in the bill lately passed in this house and sent up to their lordships , intituled an act concerning the draining and recovery from the water of certain overflown grounds in the county of norfolk , were three times read ; in which time of the last reading of these provisoes mr. chancellor of the exchequer came to the house , and then presently told mr. speaker and the residue of this house , that her majesty commanded him to signifie unto mr. speaker and to the residue of this house , that her majesties express pleasure was , that the said two bills concerning the draining of marish and fenny grounds should not be any more read in this house . the amendments and proviso of the lords to the bill lately passed in this house and sent up unto their lordships , intituled an act against the deceitful stretching and taintering of northern cloth , being three times read , the said amendments were assented unto , and the said proviso passed upon the question . the bill intituled an act for the reviving , continuance , explanation , perfecting and repealing of divers statutes was sent up unto their lordships by mr. chancellor of the exchequer and others . mr. comptroller , one of the committees of this house for conference with the committees of the lords this afternoon concerning the bill lately passed in this house and sent up unto their lordships , intituled an act against the excess of apparel , &c. shewed their meeting with the said committees of the lords , and that their lordships have no good liking of the said bill for sundry imperfections in the same not answerable to her majesties proclamation touching the degrees and qualities of persons ; and that their lordships shewing themselves very courteously and kindly towards the said committees of this house could have been well pleased to have proceeding with a more convenient bill for the said purpose , if the expected shortness of the parliament could so have permitted . whereupon the house resolved not to deal any further touching that matter this parliament . the said mr. comptroller then also further shewed , that he and other the committees of this house in the bill intituled an act for the enabling of edmund mollineux esquire to sell lands for the payment of debts and legacies , and in the bill for establishing the jointure to anne lady wentworth now wife of william pope esq , and for the better enabling the said william pope to sell certain of his lands for the payment of his debts ( who had been appointed in the beginning of this present day ) shewed the meeting of the committees and their some small amendments in both the same bills , and so delivered in both the said bills ; which bills being each of them read severally for the third reading , the said amendments being likewise three times read , the said bills were thereupon passed upon the question accordingly . the amendments and provisoes of the lords to the bill lately passed in this house intituled an act for the further continuance and explanation of an act for the necessary relief of souldiers and mariners being three times read , the amendments were assented unto , and the proviso passed upon the question accordingly . the amendments of the committees in the bill for the better execution of judgments being twice read , the same were upon the question ordered to be ingrossed . on wednesday the th day of february , the bill intituled an act for the establishing a jointure to anne lady wentworth now wife of william pope esquire , and for the better enabling of the said william pope to sell certain of his lands for the payment of his debts , the bill intituled an act for the enabling of edmund mollineux esquire to sell lands for the payment of debts and legacies , the bill intituled an act against deceitful stretching and taintering of northern cloth , the bill intituled an act for the further continuing and explanation of an act for the necessary relief of souldiers and mariners made in the thirty fifth year of the queens majesties reign that now is , were sent up to the lords by mr. comptroller and others . the bill for reformation of abuses in wine-casks was read the third time , and dashed upon the question . the bill for the better execution of judgments was read the third time , and passed upon the question . mr. wingfield moved for the ordinary proceeding of this house in the usual course of parliament to be permitted , concerning the two bills lately passed in this house concerning sundry surrounded grounds in sundry counties of this realm , and sent up from this house unto the lords , and there in like manner passed with their lordships in the upper house with some amendments and some provisoes sent down again by their lordships unto this house , the further proceeding of this house in which bill was yesterday restrained by a message delivered from her majesty by mr. chancellor of the exchequer unto mr. speaker and this whole house . mr. doctor carew and mr. doctor stanhop did bring from the lords a bill lately passed in this house and sent up to their lordships , intituled an act that lessees may enjoy their leases against all patentees , their heirs and assigns , notwithstanding any default in payment of their rents during the time that the reversion or inheritance remained in the crown ; and did shew that the same bill hath likewise passed with their lordships with some amendments and a proviso ; and so delivered in the same bill to m r speaker . m r serjeant drew , m r attorney general and mr. doctor stanhop did bring from the lords a bill intituled an act for the queens majesties most gracious general and free pardon . post meridiem . the amendments and provisoes of the lords in the bill lately passed in this house and sent up to their lordships from this house intituled an act that lessees may enjoy their leases against all patentees , their heirs and assigns , notwithstanding any default of payment or their rents , during the time that the reversion or inheritance remained in the crown , being three times read , the said amendments were assented unto ; and the said provisoes were passed upon the question . the amendments of the committees of this house in the bill that lately passed in the upper house and was sent down by their lordships to this house , intituled an act for reformation of retailing brokers and pawn-takers being three times read , the said amendments were assented unto and the bill likewise passed upon the question . on thursday the th day of february , the bill intituled an act for reformation of retailing brokers and other pawn-takers , the bill intituled an act that lessees may enjoy their leases against all patentees , their heirs and assigns , notwithstanding any default of payment of their rents during the time that the reversion or inheritance remained in the crown , and the bill intituled an act for the better execution of judgment , were sent up to the lords by mr. comptroller and others . the bill for the queens majesties most gracious general and free pardon was once read and passed upon the question . nota , that whereas to the passing of other bills three distinct and several readings are required , here the bill for her majesties most gracious pardon passed upon the first reading . m r serjeant drew and m r doctor carew did bring from the lords the bill intituled an act for the grant of three subsidies and six fifteenths and tenths , and did shew that their lordships have in like manner passed the same bill ; and so delivered the same to m r speaker , to the end he may carry the same up into the upper house to be presented by him unto her majesty in the name of this whole house . nota , that the original journal-book of the house of commons ended here , and contained no other or further passages of this day , although her majesty came in person in the afternoon to the upper house , which is therefore supplied out of the fragmentary and imperfect journal mentioned more particularly at the beginning of this present journal , as followeth . the queens majesty came to the upper house somewhat after three of the clock in the afternoon this present thursday being the th day of this instant february , of which the house of commons having notice , repaired thither with christopher yelverton serjeant at law their speaker , who having in the name of the house presented her majesty with the bill of three subsidies and six fifteenths and tenths , and amongst other things desired her majesties royal assent to such laws as had passed the two houses , he was answered according to her majesties commandment by the lord keeper , that she thankfully accepted the said gift of her loving subjects , and very well allowed of the said speakers pains and speech . then m r smith , the clerk of the upper house , having read the titles of all the acts , her majesty gave her said royal assent to twenty four publick acts or statutes , and to nineteen private , and refused or quashed forty eight several bills which had passed both the houses . after which sir thomas egerton knight , lord keeper of the great seal of england , by her majesties commandment dissolved this present parliament . the journal of the house of lords . a journal of the passages of the upper house of parliament holden at westminster , anno reginae eliz. anno domini . which began there on tuesday the th day of october , and then and there continued until the dissolution thereof , on saturday the th day of december ensuing , anno reginae ejusdem . this journal of the upper house ( containing part of the passages of the upper house , in the th and last parliament of her majesties reign ) is plentifully stored not only with the ordinary business of reading bills , with the committing , amending and expediting of them ; but also with divers very useful and good precedents touching the liberties and priviledges of the house it self . in which also divers speeches , and other passages which were not found in the original book of the said house , are supplied out of other private journals of that time of very good authority . but yet to avoid confusion , whatsoever is here inserted out of the said private journals , is particularly distinguished from that which is taken out of the above-mentioned original journal-book of the upper house , by some animadversion or expression thereof both before and after the inserting of it . before the particular relation of each days passages of the upper house in this parliament be inserted out of the original journal-book it self of the said house , all the proxies both usual and unusual ( entred also at the beginning thereof ) which had been returned and delivered in unto the clerk of the said house during the continuance of the same ; are here in the next place to be transcribed and set down all of them together , and cannot be so orderly digested and referred to each day on which they were returned , as formerly they have been . for whereas before this parliament , and the last past in anno reginae eliz. henry spilman and anthony mason esquires who had been successively clerks of the said upper house , did usually enter the said proxies at the beginning of each journal , with express mention of several days on which they were introducted or returned ; now thomas smith esquire , as well in this parliament as in that which last preceded in the said th year of her majesty ( when he succeeded unto the said anthony mason in the place of the said clerk of the upper house ) did only generally enter them at the beginning of this present and that last foregoing journal ( de anno eliz. as aforesaid ) as had been formerly accustomed , saving that it differed somewhat in the manner of entring them ; and that the several days also on which they had been introducted and delivered unto him , were not at all set down or expressed . which course having heen since also followed ( unto this present year . ) the said proxies can be no more referred to the proper days as in divers foregoing journals they have been , but must be once for all generally set down at the beginning of this present journal in manner and form following . literae procuratoriae in hoc parliamento sunt allatae archipiescopi eboracensis matthaei , &c. qui procuratores suos constituit johan . archiepiscopum cantuarien ' & tobiam episcopum dunelmen ' conjunctim & divisim . nota , that whereas there is an ( &c. ) after the word matthaei in the proxie foregoing , it seemeth that these words are left out , viz. absentis ex licentia dominae reginae ; and so if nothing had been omitted , the said proxie , as may very probably be conjectured , should have been thus inserted , archiepiscopi eboracensis matthaei absentis ex licentia dominae reginae , qui procuratores , &c. as is before set down . nota also , that the proxies are all entred in the genitive case , and must therefore be referred to those foregoing words , viz. literae procuratoriae in hoc parliamento sunt allatae . henrici episcopi carliolen . qui procuratores suos constituit matthaeum archiepiscopum eboracen ' & ricardum episcopum cestren ' conjunctim & divisim . galsridi episcopi gloucestren ' , qui procuratores suos constituit ricardum episcopum london , anthonium episcopum meneven ' , & gulielmum episcopum exon ' conjunctim & divisim . herberti episcopi hereforden ' , qui procuratores suos constituit johannem episcopum rossen ' , gulielmum episcopum coventr ' & litchfield , & gulielmum episcopum norwicen ' conjunctim & divisim . gulielmi episcopi norwicen ' , qui procuratorem suum constituit johannem archiepiscopum cantuarien ' . nota , that the bishops proxies are set before the proxies of the temporal lords , not because , as i suppose , they were all returned first , but because of their ecclesiastical dignities , and in respect that the arch-bishop of canterbury one of their order , is the first peer of the realm . whence also their names are usually first set down in the journal-book , where the presence of all the lords is noted each day when they sit as long as the parliament continueth . then follow the proxies of the temporal lords in such order as they are here set down . rogeri comitis rutland ( which as the rest is put in the genitive case in relation to those first words , literae procuratoriae in hoc parliamento sunt allatae ) qui procuratorem suum constituit carolum comitem nottingham magnum seneschallum hospitii reginae & magnum admirallum angliae . edwardi comitis bedford , qui procuratorem suum constituit oliverum dominum s t john de bletsoe . caroli domini mount joy , qui procuratorem suum constituit carolum comitem nottingham magnum seneschallum hospitii reginae & magnum admirallum angliae . gulielmi comitis bathon ' , qui procuratorem suum constituit carolum comitem nottingham magnum seneschallum hospitii reginae & magnum admirallum angliae . edwardi domini morley , qui procuratorem suum constituit carolum comitem nottingham magnum seneschallum hospitii reginae & magnum admirallum angliae . anthonii vicecomitis mountague , qui procuratorem suum constituit thomam dominum buckhurst magnum thesaurarium angliae . gulielmi domini sandes , qui procuratorem suum constituit carolum comitem nottingham . edwardi domini stafford , qui procuratorem suum constituit carolum comitem nottingham . georgii comitis huntington , qui procuratorem suum constituit edwardum comitem wigorn ' . thomae vicecomitis bindon , qui procuratorem suum constituit carolum comitem nottingham . domini lumley , qui procuratorem suum constituit thomam dominum darcy de chiche . johannis domini darcy , qui procuratorem suum constituit gilbertum comitem salop. henrici comitis kanciae , qui procuratorem suum constituit gilbertum comitem salop. edwardi comitis oxon , qui procuratorem suum constituit carolum comitem nottingham . thomae domini burleigh , qui procuratorem suum constituit henricum comitem northumberland . nota , that in respect that this present parliament was the last of her majesties reign , and these proxies are entred after a different manner from most of those in the queens time which are before set down , they are all of them therefore transcribed both ordinary and extraordinary out of the original journal-book of the upper house ; of which the ordinary i call those , when a spiritual lord constituteth two proctors , and a temporal lord one ; and those extraordinary , when a temporal lord constituteth more than one proctor , and a spiritual lord but one or more than two . nota also , that the earl of nottingham had eight several proxies sent unto him this parliament , by which it is plain that by the ancient custom and usages of the upper house every member thereof is capable of as many proxies as shall be sent unto him , although the said custom be at this day altered by an order made in the said house upon the day of in anno . regis caroli , anno dom. . ( upon the ingrossing of many letters procuratory by george duke of bucks ) that no lords spiritual or temporal should be capable of above two of the said proxies . the above-mentioned proxies being set down in manner and form as aforesaid , now followeth in the next place the beginning of the parliament it self , and the manner of her majesties coming to the same . on tuesday the th day of october and the first day of this present parliament , about three of the clock in the afternoon the queen went by land to westminster church , riding in a chariot made all open , only like a canopy at the top , being of cloth of silver or tissue , with divers lords and others in their degree being marshalled by the heralds ; where having heard a sermon , she went into the upper house , and being there set , the lords spiritual and temporal took their several places , whose names are transcribed out of the original journal of the upper house in manner and form following . johannes archiepiscopus cantuarien ' . thomas egerton miles , dominus custos magni sigilli . dominus buckhurst dominus thesaurarius angliae . matchio winton . comites . comes sussex magnus mareschallus . comes nottingham magnus admirallus angliae & magnus seneschallus hospitii reginae . comes northumbr . comes salop. comes darbiae . comes wigorn ' . comes cumbriae . comes pembrooke . comes hertford . comes lincoln . episcopi . episcopus london . episcopus dunelmen . episcopus wintonien . episcopus roffen . episcopus coventr ' & litchfield . episcopus wigorn. episcopus bathon ' & wellen. episcopus meneven . episcopus lincoln . episcopus asaphen . episcopus cestren . episcopus cicestren . episcopus exon. episcopus sarisburien . episcopus elien . episcopus petriburgen . barones . dominus zouch . dominus cobham . dominus stafford . dominus grey de wilton . dominus dudley . dominus lumley . dominus stourton . dominus windsor . dominus mordant . dominus wharton . dominus rich. dominus willoughby de parham . dominus sheffield . dominus darcie de chiche . dominus chandots . dominus s t john de bletsoe . dominus compton . dominus norreys . dominus howard de walden . these names being thus inserted out of the original journal-book , now follow some other passages of this day with the summ of the lord keepers speech out of a private journal of the house of commons . the knights , citizens and burgesses of the house of commons having notice that her majesty with divers lords spiritual and temporal and others were set in the upper house , hasted thither ; but before they came , the door of the house was shut , and notwithstanding any means that was made by them , was still kept shut until the lord keeper had ended his speech : the substance or chief scope of which said speech was as followeth . he used perswasion of thankfulness , and of obedience , and also shewed her majesties desire of dissolution of this parliament before christmas . he shewed unto us the necessity we stand in , and the means to prevent it ; the necessity , the wars between spain and england ; the means , treasure , &c. his advice was , that laws in force might be revised and explained , and no new laws made . our enemies he said were enemies to god , the queen and the peace of this kingdom , conspired to overthrow religion , to reduce us to a tyrannical servitude . these enemies he named to be the bishop of rome and the king of spain . our state being thus , he summoned us to be provident , by reason we deal with a provident enemy ; and confident , because god hath ever , and i hope will ever , bless the queen with successful fortune . he shewed how apparent his providence was by the means and course he taketh for our instruction ; and secondly the success we had against him by gods strong arm of defence in anno . and divers other times since . you see to what effect the queens support of the french kings estate hath brought him ; even made him one of the greatest princes in europe ; when her majesties forces there left him , how again he was fain to ransom a servile peace at our enemies the spaniards hands with dishonourable and servile conditions . for the low-countries , how by her aid , from a confused government and state she brought them to an unity in counsel , and defended them with such success in her attempts against the greatest power of the spaniards tyrannical designs , which have so much gauled him , that how many desperate practices have been both devised , consented to and set on foot by commandment of the late king his father , i need not shew you , neither trouble you with arguments for proof thereof , being confessed by them that should have been authors themselves . but de mortuis nil nisi bonum . i would be loth to speak of the dead , much more to slander the dead . i have seen her majesty wear at her girdle the price of her blood ; i mean jewels which have been given to her physicians to have done that unto her , which i hope god will ever keep from her ; but she hath rather worn them in triumph than for the price , which hath not been greatly valuable . then he fell to perswade us , because new occasions were offered of consultations , to be provident in provision of means for our own defence and safety , seeing the king of spain means to make england miserable by beginning with ireland ; neither doth he begin with the rebels , but even with the territory of the queen her self . he shewed that treasure must be our means , for treasure is the sinews of war. nota , that the substance of this speech is only here inserted as it was afterwards repeated in the said house upon tuesday the third day of november , which next ensued , by sir robert cecill her majesties principal secretary , who had done it to satisfy divers members of the same , who could not get into the upper house to hear it this first day of the parliament as is aforesaid . now follow the names of the receivors and tryors of petitions out of the original journal-book of the said house . as soon as the lord keeper had ended his speech , and that such of her majesties privy-council and others of the house of commons as had privately got in and heard it , were departed down to their own house , thomas smith esq clerk of the upper house read the names of the receivors and triors of petitions in french , which were as followeth . receivors of petitions for england , ireland , wales and scotland , sir john popham knight , lord chief justice , francis gawdy , one of the justices of the kings bench , george kingsmell , one of the justices of the common pleas , d r carew and d r stanhop : receivors of petitions for gascoign , and other lands and countries beyond the seas and of the isles , sir edmund anderson knight , lord chief justice of the common pleas , sir william perriam knight , lord chief baron , thomas walmesley one of the justices of the common pleas , d r swale and d r howard . they who will deliver petitions , to deliver them within six dayes . triors of petitions for england , ireland , wales and scotland . the archbishop of canterbury , the marquess of winchester , the earl of sussex lord marshal of england , the earl of nottingham lord high admiral of england and steward of the queens house , the earl of hartford , the bishop of london , the bishop of durham , the bishop of winchester , the lord zouch , and the lord cobham . all these or any four of them , calling unto them the lord keeper of the great seal , and the lord treasurer and also the queens serjeants at their leisure , to meet and hold their place at the chamberlains chamber . triors of petitions for gascoign and other lands and countries beyond the seas and of the isles : the earl of oxford high chamberlain of england , the earl of northumberland , the earl of shrewsbury , the earl of worcester , the earl of huntington , the bishop of rochester , the bishop of lincoln , the lord hunsdon chamberlain to the queen , the lord le ware , the lord lumley and the lord burleigh . all these or four of them calling unto them the queens serjeants and the queens attorney and sollicitor when their leisure did serve them , to meet and hold their place in the treasurers chamber . then the lord keeper continued the parliament , which is set down in the original journal-book in manner and form following . dominus custos magni sigilli ex mandato dominae reginae continuavit praesens parliamentum usque in diem veneris proximè futurum , viz. m diem octobris . nota , that although there be some short mention made of the presentment of the speaker of the house of commons in the original journal-book of the upper house , yet because it is very imperfectly and briefly entred there , i have therefore supplied it somewhat largely out of a private journal of the house of commons . on friday the th day of october about one of the clock in the afternoon , her majesty came by water to the parliament chamber , commonly called the upper house , and being apparelled in her royal robes and placed in her chair of state , divers also of the lords spiritual and temporal being present , the knights , citizens and burgesses of the house of commons , who had attended at the door of the said house with john crooke esq recorder of london , their speaker elect , the full space of half an hour , were at last as many as conveniently could let in , and the said speaker was led up to the bar or rayl at the lower end of the same house , by the hands of sir william knolles knight comptroller of her majesties houshold , and sir john fortescue chancellor of the exchequer , and presented to her majesty , to whom after he had made three low reverences he spake in effect as followeth . most sacred and mighty sovereign , upon your majesties commandment your most dutiful and loving commons , the knights , citizens and burgesses of the lower house have chosen me your majesties most humble servant being a member of the same house , to be their speaker ; but finding the weakness of my self and my ability too weak to undergo so great a burthen , i do most humbly beseech your sacred majesty to continue your most gracious favour towards me , and not to lay this charge so unsupportable , upon my unworthy and unable self : and that it would please you to command your commons to make a new election of another more able and more sufficient to discharge the great service to be appointed by your majesty and your subjects . and i beseech your most excellent majesty not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service , but rather out of your majesties clemency and goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me , when heretofore with most gracious audience it hath pleased your majesty to licence me to speak before you . for i know and must acknowledge that under god , even through your majesties great bounty and favour i am that i am ; and therefore none of your majesties most dutiful subjects more bound to be ready , and being ready , to perform even the least of your majesties commandments . i therefore do most humbly beseech your majesty , that in regard the service of so great a prince and flourishing kingdom may the better and more successfully be effected , to command your dutiful and loving commons , the knights , citizens and burgesses of the lower house , to proceed to a new election . then after he had made three reverences , the queen called the lord keeper , to whom she spake something in secret ; and after , the lord keeper spake in effect thus much . m r speaker , her majesty with gracious attention having heard your wise and grave excuse for your discharge , commanded me to say unto you , that even your eloquent speech of defence for your self is a great motive , and a reason very perswasive both to ratifie and approve the choice of the loving commons , the knights , citizens and burgesses , as also to commend their wise and discreet choice of your self in her gracious censure , both for sufficiency well able , and for your former fidelity and services well approved and accepted of : and therefore her majesty taketh this choice of you for bonum omen , a sign of good and happy success , when the beginning is taken in hand with so good wisdom and discretion . her majesty therefore commanded me to say unto you , that she well liketh of your election , and therefore she ratifieth it with her royal assent . then m r speaker making three low reverences answered in this sort . most sacred and most puissant queen , seeing it hath pleased you to command my service by consenting to the free election of your dutiful and loyal subjects , the knights , citizens and burgesses , of me to be their speaker , i most humbly beseech your majesty to give me leave to shew unto you the dutiful thoughts and earnest affections of your loyal subjects to do your majesty all services , and to defend your royal and sacred person both with their lives and goods , against , &c. and so made a vehement invective agaiost the tyranny of the king of spain , the popes ambition , the rebels of ireland , which he said were like a snake cut in pieces , which did crawl and creep to join themselves together again . and lastly , with prayers to continue the prosperous estate and peace of this kingdom , which hath been defended as he said by the mighty arm of our dread and sacred queen . to which she answered openly her self , no , but by the mighty hand of god , m r speaker . then he proceeded to the last part , to beseech her majesty for freedom of speech to every particular member of this house and their servants . and lastly , if any mistaking of any message delivered unto him from the commons should happen , that her majesty would attribute that to his weakness in delivery or understanding , and not to the house , as also any forgetfulness through want of memory , or that things were not so judiciously handled or expressed by him as they were delivered by the house . to which after the queen had spoken to the lord keeper as aforesaid , ( after three reverences by the speaker ) the lord keeper said in effect as followeth . m r speaker , her majesty doth greatly commend and like of your grave speech , well divided , well contrived ; the first proceeding from a sound invention , and the other from a setled judgment and experience . you have well , and well indeed weighed the estate of this kingdom , well observed the greatness of our puissant and grand enemy the king of spain , the continual and excessive charges of the wars of ireland , which if they be well weighed , do not only shew the puissance of our gracious sovereign in defending us , but also the greatness of the charge continually bestowed by her majesty even out of her own revenues to protect us , and the exposing of her majesty to continual trouble and toilsome cares for the benefit and safety of her subjects . wherefore m r speaker , it behoveth us to think and say , as was well delivered by a grave man lately in a concio ad clerum , opus est subsidio mè fiat excidium . touching your other requests for freedom of speech , her majesty willingly consenteth thereto , with this caution , that the time be not spent in idle and vain matter , painting the same out with froth and volubility of words , whereby the speakers may seem to gain some reputed credit by imboldening themselves to contradiction , and by troubling the house of purpose with long and vain orations to hinder the proceeding in matters of greater and more weighty importance . touching access to her person , she most willingly granteth the same , desiring she may not be troubled unless urgent matter and affairs of great consequence compel you thereunto : for this hath been held for a wise maxim , in troubling great estates , you must trouble seldom . for liberties unto your selves and persons , her majesty hath commanded me to say unto you all , that she ever intendeth to preserve the liberties of the house , and granteth freedom even unto the meanest member of this house : but her majesties pleasure is , you should not maintain and keep with you notorious persons either for life or behaviour , and desperate debtors who never come abroad , fearing laws , but at these times ; pettifoggers and vipers of the common-wealth ; prolling and common sollicitors , that set dissention between man and man ; and men of the like condition to these : these her majesty earnestly wisheth a law may be made against ; as also that no member of this parliament would entertain or bolster up any man of the like humour or quality , on pain of her highness displeasure . for your excuse of the house and of your self , her majesty commanded me to say , that your sufficiency hath so oftentimes been approved before her , that she doubteth not of your sufficient discharge of the place you shall serve in . wherein she willeth you to have a special eye and regard not to make new and idle laws , and trouble the house with them ; but rather look to the abridging and repealing of divers obsolete and superfluous statutes ; as also first to take in hand matters of greatest moment and consequence . in doing thus , m r speaker , you shall fulfill her majesties commandment , do your country good , and satisfie her highnesses expectation . which being said , the speaker made three reverences to the queen . nota , that this foregoing speech of the lord keeper is not found in the original journal-book of the upper house , but is supplied out of a private journal of the house of commons , out of which also the whole business of this afternoon touching the speakers presentment , speech and allowance are transcribed . and i have always conceived it most proper to refer the large relation of these and such like other speeches and passages ( if warranted by any good authority ) to the journals of the upper house in which they are acted and delivered , and only for order to leave some short memorial of them in the journals of the house of commons . now follows the continuance of the parliament out of the original journal-book of the upper house , where it is entred in these words , viz. dominus custos magni sigilli ex mandato dominae reginae continuavit praesens parliamentum usque in diem jovis quintum mensis novembris . after which , ( as is set down in the foresaid private journal ) room being made , the queen came through the commons to go to the great chamber , who graciously offering her hand to the speaker he kist it ; but not one word she spake unto him ; and as she went through the commons , very few said god save your majesty , as they were wont in all great assemblies ; and so she returned back again to whitehal by water . now follow the next days passages out of the original journal-book of the upper house . on thursday the th day of november ( to which day the parliament had been last continued on friday the th day of october foregoing ) were two bills read ; of which the first being for assurance of lands , and the second for the restraint of the excessive and superfluous use of coaches within the realm of england , were each of them read primâ vice . on saturday the th day of november , the bill for assurance of lands was read secunda vice , and committed unto the archbishop of canterbury , the lord treasurer , the earl of nottingham , the earl of worcester , the earl of cumberland , the earl of lincoln , the lord bishop of london , the lord bishop of durham , the lord bishop of winchester , the lord zouch , the lord cobham , the lord grey , the lord rich , the lord howard of walden ; and the lord chief justice of her majesties bench , the lord chief justice of the common pleas , the lord chief baron and m r attorney general were appointed to attend their lordships . the bill to restrain the excessive use of coaches within this realm of england was read secundâ vice , and rejected . hereupon motion was made by the lord keeper , that forasmuch as the said bill did in some sort concern the maintenance of horses within this realm , consideration might be had of the statutes heretofore made and ordained touching the breed and maintenance of horses ; and that m r attorney general should peruse and consider of the said statutes , and of some fit bill to be drawn and prefer'd to the house touching the same , and concerning the use of coaches ; and that he should acquaint therewith the committees appointed for the bill before-mentioned for assurance of lands . which motion was approved by the house . the bill for the preservation of pheasants and partridges was read primâ vice . on tuesday the th day of november , two bills had each of them one reading ; of which the second being the bill for preservation of pheasants and partridges , was read secundâ vice , and committed unto the archbishop of canterbury , the lord treasurer , the earl of nottingham , the earl of northumberland , the earl of derby , the earl of worcester , the earl of cumberland , the earl of pembrook and divers others to attend the lords , ( vide concerning this attendance of the judges upon the lords committees , on thursday the d day of this instant november foregoing ) who were appointed to meet at the little chamber near the parliament presence ; and the bill was delivered to the archbishop of canterbury . on thursday the th day of november ( to which day the parliament had been last continued on tuesday foregoing ) the bill concerning musters , souldiers and other things appertaining thereunto , was read secundâ vice , and committed unto the archbishop of canterbury , the lord treasurer and divers other lords both spiritual and temporal ; and the lord chief justice of england , the lord chief justice of the common pleas , m r justice walmesley , m r justice warberton , m r serjeant yelverton and m r attorney general were appointed to attend the lords . two bills were brought up to the lords from the house of commons by sir william knolles and m r secretary herbert ; of which the first being the bill against fraudulent administration of intestates goods was read primâ vice . the bill for assurance of lands was this day returned to the house with certain amendments by the lord archbishop of canterbury , the first of the committees ; which amendments were presently twice read , and thereupon the bill was appointed to be ingrossed . memorandum , that upon the reading of the said amendments the lord bishop of london , one of the committees , did offer to speak unto the bill , or unto the said amendments . whereupon a doubt was moved by the earl of nottingham lord steward , whether it were agreeable to the good order and antient custom of the house , that the said lord bishop being one of the committees , and dissenting from the rest in some matter either of the bill or of the amendments , might speak thereunto upon the bringing in and presenting of the amendments , or no. which doubt being upon this occasion propounded in generality to the house by the lord keeper and put to the question , it was adjudged and resolved by the major part , that any committee might speak in like case either to the body of the bill or to the amendments upon the bringing in of the same , before it be ingrossed . upon which resolution order was given to the clerk of the parliament , that a remembrance or observation thereof should be entred in the journal-book , for the resolving and clearing of the like doubt if it should happen hereafter . and thereupon after the reading of the amendments the said lord bishop of london proceeded to his speech , and the bill was appointed to be ingrossed as aforesaid . vide in the parliament de an . regin . eliz. on tuesday the th day of january . memorandum . report was made unto the house by the lord zouch of one william hogan an ordinary servant of the queens majesty , arrested and imprisoned upon an execution by one john tolkerne , since the beginning of the parliament . and a motion was likewise made by his lordship to know the judgment and resolution of the house in this point , whether any ordinary servant of her majesty ( though he be none of the parliament ) be not priviledged and protected from arrest during the time of the parliament by vertue of his said service to her majesty , in like sort as the servants of the lords of the parliament attending the said lords their masters are priviledged and freed for that time from any arrests of their persons : and withal , being arrested upon execution , whether in this case he may by good order of this house be discharged . which motion and doubt the lord zouch professed that he did the rather propound , because ( though there were divers examples of former times touching the servants of the lords of the parliament ) the like to this concerning one of the queens servants had not been ( so far as was remembred ) brought in question heretofore . and therefore it pleased the lords to take knowledge of this motion , and to give order that tolkerne should be sent for , at whose suit the arrest was made ; and withal , that such precedents as the clerk of the parliament could shew , should be looked out and made known to the house . vide plus concerning this matter on monday the th day of this instant november following . on saturday the th day of november , ( to which day the parliament had been last continued on thursday foregoing , by occasion of sending for the aforesaid tolkerne ) request was made by m r conisbie gentleman usher to the house , and signified by the mouth of the earl of nottingham lord steward , that for as much as the bringing of any person before the lords ( upon breach of the priviledge of the house ) did appertain ( as the said m r conisbie supposed and alledged ) to his place , though in the last parliament ( by some mistaking as he thought ) the serjeant at arms was imployed therein ; that therefore their lordships would be pleased to confirm and settle such order , as he might at this time and from henceforth have the right of his place in that behalf . whose request being considered of by the lords , it was thought meet , that the lord archbishop of canterbury , the lord treasurer , the earl of nottingham , the earl of worcester , the lord bishop of winchester , the lord zouch and the lord cobham should at their next meeting upon any other occasion take notice of such precedents as could be produced therein , either for the gentleman-usher or for the serjeant at arms , and thereof to make report to the house , whereupon their lordships would proceed to the deciding of the question between them . vide concerning this business on tuesday the first day of december next following . the meeting of the committees about the bill concerning musters , souldiers , &c. ( who were nominated on thursday the th day of this instant november foregoing , and appointed to meet this afternoon ) was upon motion to the house , by some of the committees , deserr'd until monday next being the th day of this instant november by eight of the clock in the morning . a motion was made by the lord keeper , that the gentleman-usher might be sent to such lords as are absent from the parliament , and have not sent their proxies , to admonish them thereof . five bills had each of them one reading ; of which the second being the bill for suppressing the multitude of ale-houses and tippling-houses was read secundâ vice , and committed to the lord treasurer , the earl of worcester , the earl of hartford , the earl of lincoln , the bishop of winchester , the bishop of lincoln , the bishop of bath and wells , the bishop of chester , the bishop of exeter , the bishop of ely , the lord zouch , the lord cobham , the lord rich , the lord sheffield , the lord chandois , the lord s t john of bletsoe and the lord compton ; and the lord chief justice of england , m r justice gawdy , m r baron savile and m r serjeant yelverton were appointed to attend their lordships . the third bill also being for the avoiding of unnecessary delayes of executions upon judgment in debt was read secundâ vice , and committed unto the lord treasurer , the earl of worcester , the earl of pembrook , the bishop of rochester , the bishop of worcester , the bishop of s t asaph , the lord cobham , the lord chandois , the lord s t john of bletsoe ; and m r justice gawdy , m r baron savile and m r serjeant yelverton were appointed to attend their lordships . the lord zouch renewed his former motion concerning the arrest of william hogan her majesties ordinary servant , at the suit of john tolkerne . whereupon the clerk of the parliament was required to shew forth all such precedents as he had found touching the arrests of any persons priviledged by parliament , having received directions from the lords for that purpose as is before recorded ; of which sort out of the journal-book remaining in his custody there were to be found only these four hereunder mentioned , and no more . . anno . reginae fliz. die martis , primo die decembris , of james diggs servant to my lords grace of canterbury . . anno . reginae eliz. die lunae . die decembris , of robert finneis servant to the lord viscount binden . . item , in the last parliament of eliz. . die novembris , of edward barston servant to the lord chandois ; and . die decembris of john york the lord arch-bishops servant . . item anno . reginae die ultimo junii , it appeareth that the lord cromwel made complaint unto the parliament of an attachment served upon his person ; and that his lordship was by order of the parliament discharged of the attachment : but whether this attachment was served in the time of the parliament , it doth not certainly appear . which said precedents being accordingly presented to the lord keeper , the same were presently read , together with certain observations out of a book written by richard crompton esquire , intituled the authority and jurisdiction of the queens courts , concerning the proceedings of the house in the like case of george ferrers gent. an ordinary servant to king henry . about the thirty fourth year of his reign . this being done , albeit sundry motions were thereupon made by divers of the lords for a present proceeding in this matter , nevertheless because the said tolkerne having been formerly sent for , could not yet be found , and also in respect there was less appearance of the lords this day than at other times , and this matter concerning the priviledge of the house , was of great importance , and therefore required a more full assembly , stay was made of any further proceeding until thursday next being the th day of this instant november : and in the mean time it was ordered , that tolkerne should again be sent for , to appear before the lords in the house that day by nine of the clock in the morning . vide concerning this matter on monday the th day of this instant november following . on monday the th day of november ( to which day the parliament had been last continued on saturday foregoing , ) the bill for reuniting eye and dunsden to the mannor of sunning was read secundâ vice . motion was made by the lord sheffield upon reading of this bill , that thomas crompton , son of thomas crompton esquire deceased , with henry best , francis jackson and others whom it may concern , should be heard in the house , whether they or any of them could pretend any right or interest in these lands in respect of a grant heretofore made thereof by her majesty to the said thomas crompton . which motion was well approved by the house ; and ordered , that the gentleman usher should move the said parties to appear before their lordships in the house for that purpose upon saturday next the . day of this instant november by eight of the clock in the morning , and to bring them such persons as are interested in the conveyance of those lands . vide december th monday postea . memorandum , that the committees upon the bill for musters and souldiers ( who were appointed to meet this afternoon on thursday the th day of this instant november foregoing ) have upon a motion to the house appointed another meeting about the same , upon thursday morning next , being the th day of this instant november before the house sit . three bills of no great moment had each of them one reading ; of which the last being the bill for establishing of the remainder of certain lands of andrew kettlebie esq upon francis kettlebie , was read the first time . upon reading whereof it was ordered by the lords , that andrew kettlebie esq and jane his wife ( whom the bill concerneth ) should be heard in the house , either by themselves or by any other person or persons sufficiently deputed and appointed by them in that behalf , what they could answer and alledge concerning the same . and the gentleman-usher was appointed to give them present notice of this order . a motion was made again by some of the lords touching william hogan prisoner in the fleet , that he might be sent for out of the said prison and brought into the house before the lords , to the end he might make relation of his cause , that thereupon such order might be speedily taken with him as should by the court be found meet and agreeable to the priviledge of the said court. upon which motion it was debated by what course the said hogan should be brought out of the fleet , being then in execution , whether by warrant to be directed from the lords to the lord keeper , requiring him to grant forth a writ in her majesties name for the bringing of the said hagan from thence , or by immediate direction and order from the house to the gentleman-usher or serjeant at arms , without any such writ . which being put to the question by the lord keeper , it was resolved and ordered by the general consent of the house , that it should be done by immediate direction and order from the house without any such writ as aforesaid . and accordingly ordered , that the said william hogan should be sent for and brought before the lords by the gentleman-usher into the said house of parliament upon thursday next being the th day of this instant november , by nine of the clock in the morning . vide touching this business on monday the th day of this instant november ensuing . dominus custos magni sigilli continuavit praesens parliamentum usque in diem jovis , viz. diem novembris . on thursday the th day of november , the bill for breed and encrease of horses of service within the realm , was read primâ vice . two bills were brought up to the lords from the house of commons ; of which the second was to avoid and prevent divers misdemeanors in lewd and idle persons ; and the third was for confirmation of grants made to the queens majesty , and of letters patents made by her highness to others . touching which bill see at large on thursday the th day of december following . the lord mordant not able to attend for want of health certified by the lord compton . this day william hogan was brought from the fleet into the house before the lords , who having made ( as he was required to do ) relation of his arrest , and of the time , and parties that arrested him , declaring that he was arrested by the under-sheriff of the county of surrey and others assisting him , upon saturday before the beginning of the parliament ( which began on the tuesday following ) and that it was known to the said under-sheriff that he was her majesties ordinary servant , and moreover that he thought tolkerne was not privy to his arrest at that time contrary to the priviledge of that court ; upon the offer and petition of the said william hogan himself to pay the principal debt of fifty pounds , it was resolved and ordered by the lords , that the said william hogan should enter into sufficient to abide the order and judgment of the earl of cumberland , the lord bishop of london and the lord zouch , for such satisfaction to be made of the debt of fifty pounds , & any costs and charges , as by the said lords should be thought fit , ( the bond to be taken to the said lords ) and thereupon be discharged out of prison and out of execution : and likewise that the warden of the fleet should be free from any trouble , damage or molestation for discharge of the said william hogan . it was likewise ordered by the court that the under-sheriff and any others that did arrest or assist the arrest of the said william hogan , shall be sent for to appear before the lords in the house on saturday next being the th day of this instant november by nine of the clock in the morning . vide concerning this matter on monday the th day of this instant november ensuing . on saturday the th day of november , to which day the parliament had been last continued on thursday foregoing , three bills had each of them one reading ; of which the last being the bill for assurance of lands was read tertiâ vice . upon the reading of which said bill sundry objections were made against some points of the same by the lord bishop of london and divers others of the lords , insomuch that the house was divided in opinion whether it should be put to the question for the passing thereof or no ; many of the lords affecting well the said bill , and wishing that any defect therein might be rather reformed than by the question to put it to the hazard of being rejected . by which occasion it was thought meet , first to propound another question , viz. whether the said bill having been referr'd to committees at the second reading , and been by them returned with some amendments , and thereupon appointed to be engrossed , may now after the engrossing thereof and third reading be committed again or no. which being accordingly put to the question , and the number both of the affirmative part and negative , falling out to be equal ( upon the accompting of them by the lord bishop of london and the lord grey appointed by the lords for that purpose ) it was adjudged that the voices of the negative part which were against the new committing of the bill should prevail , following therein the usual rule of law ( whereof the lord keeper made mention ) that where the numbers of the affirmative and negative are equal , semper praesumitur pro negante . and after that the bill it self being put to the question , whether it should pass or no , was by the major part denied and refused . a motion was made by the lord keeper and approved by the lords , that the antient course of the house may be observed hereafter , in certifying the excuses of such lords as should be absent from the house upon reasonable occasion , which ought to be done by one of their peers , and not by other information . thomas crompton , henry best and francis jackson made their appearance in the house , and being demanded whether the bill concerning eye and dunsden might lawfully pass without their prejudice ; they answered , that it might so do , and that they could take no exceptions at it . vide dec. th monday postea . hodie introduction est breve francisci domini norris qui praesenti parliamento interesse summonebatur , & admissus est ad praeheminentiae sedendi in parliamento locum , salvo jure alieno . on monday the th day of november , to which day the parliament had been last continued on saturday foregoing , the bill for reuniting eye and dunsden to the mannor of sunning was read tertiâ vice , and sent down to the house of commons by m r doctor stanhop and m r hone. the bill to avoid and prevent divers misdemeanors in lewd and idle persons was read secundâ vice . nota , that there is no mention at all in the original journal-book of the referring of this bill unto committees upon the second reading thereof , nor yet that it was ordered to be ingrossed : by which it may seem , that either the omission of it did happen by the negligence of thomas smith esquire now clerk of the upper house , who did forget to set down the referring of it to committees ( if it were at all committed ) or else that it being not committed , was engrossed of course . and it is the rather probable , that this happened not by any omission of the said clerk , in respect that divers other bills at this parliament are set down in the original journal-book of the said upper house to have been read the second time without any further mention either of the commitment or ingrossing , as on wednesday the d day , friday the th day , wednesday the th day , saturday the th day , monday the th day , and on wednesday the th day of december next ensuing . the bill for confirmation of grants made to the queen and of letters patents made by her highness to others , was read secundâ vice and committed unto the lord archbishop of canterbury and others ( who were appointed to meet at the great council chamber ) and the bill was delivered to the said lord archbishop of canterbury the first of the committees . the bill for encrease and breed of horses of service within this realm was read secundâ vice , and committed unto the earl of nottingham lord steward , and others ; and the bill was delivered unto him being the first of the committees . vide november th thursday . the meeting of the committees upon the bills concerning the suppressing of the multitude of alehouses , and for the avoiding of unnecessary delays of executions upon judgments in debt ( who were appointed on saturday the th day of this instant november foregoing ) was upon a motion of the lord treasurer appointed to be upon thursday next at the little chamber near the parliament presence before the house sit , for that the committees could not conveniently meet at the times formerly appointed for the same . the under-sheriff of the county of surry that arrested william hogan was brought into the house to answer for the same , and by order of the house committed to the prison of the fleet. vide concerning this matter on thursday the th day , saturday the th day , monday the th day , and on thursday the th day of this instant november foregoing ; as also on thursday the th day of the same month following . on tuesday the th day of november , three bills of no great moment had each of them one reading ; of which the last being the bill for the establishing of the remainder of certain lands of andrew kettlebie was read secundâ vice , and committed unto the earl of worcester , the lord cobham , the lord chandois and the lord howard of walden ; and the bill was delivered unto the said lord howard , who with the rest was appointed to meet on saturday next by two of the clock in the afternoon at the chamber of parliament presence . this day the wife of andrew kettlebie made her appearance in the house in the behalf of her husband and her self , excusing his not coming by reason of his great age and infirmities ; and withal prayed that their councel learned might be heard . whereupon it was ordered , that both their councel and the councel of francis kettlebie should be heard in the house upon thursday next being the th of this instant november , in the morning . on thursday the th day of november , to which day the parliament had been last continued on thursday foregoing , one bill being for the more peaceable government of the parts of cumberland , northumberland , westmerland and the bishoprick of durham was read the second time and committed : but in respect that the manner of committing bills during all this parliament was the same , and that the judges and her majesties learned councel were always appointed to attend the lords committees and never made joint-committees with them , as is at large observed in the next precedent parliament , therefore the names of the said committees are for the most part omitted . it was ordered by the house upon the humble petition of william hone under-sheriff of the county of surrey , that he should be enlarged and set at liberty out of the prison of the fleet , whither he was lately committed for arresting william hogan her majesties servant . vide concerning this matter on monday the th day of this instant november foregoing . the councel of andrew kettlebie esq and francis kettlebie were heard in the house ; and thereupon the committees of the said bill were appointed to meet upon saturday next by two of the clock in the afternoon at the chamber of parliament presence ; and the lord archbishop of canterbury , the lord grey and the lord windsor were added unto the said committees ; and the lord chief justice of the common pleas to attend with the others formerly appointed : and the bill was delivered to the lord howard of walden . nota , that here the bill was delivered to the lord howard of walden being the puisne baron of the committees ; and on monday the th day of this instant november foregoing , two several bills being committed , the one of them was delivered to the archbishop of canterbury , and the other to the earl of nottingham , who were each of them the first or chief of either of the said committees : by which it is plain , that as well in the upper house as in the house of commons , after any bill is committed upon the second reading , it may be delivered indifferently to any of the said committees . vide also concerning this matter on tuesday dec. th ensuing . and so the parliament continued until tuesday the first day of december . on which day two bills had each of them one reading ; of which the second being the bill for confirmation of all leases made and to be made according to the true intent of the last will and testament of george lord cobham deceased , was read primâ vice . six bills were brought up to the lords from the house of commons by sir william knolles , m r secretary herbert and others ; of which the fifth was the bill for the enabling of edward nevill of berling in the county of kent , and sir henry nevill knight , his son and heir apparent , to dispose of certain copyhold lands parcel of the mannor of rothersield in the county of sussex , and of the mannor of ailesby and felding in the county of warwick . and the sixth being the bill to avoid trifling and frivolous suits of law in her majesties courts of westminster , was read primâ vice . whereas the lords spiritual and temporal of the higher court of parliament were this day informed that one william vaughan servant to the earl of shrewsbury was of late arrested , contrary to the priviledge of the said court , by the procurement of one william crayford of mongcham in kent , and committed to the prison of newgate , where he yet remaineth ; it was therefore ordered by the said court , that a serjeant at arms shall be sent to the keeper of that prison , and require him in their lordships names to bring the said william vaughan before the lords in his company into the upper house of parliament to morrow being the second day of this instant december by nine of the clock in the morning ; and that the said serjeant at arms shall also bring before the lords at the time and place prefixed the said william crayford , together with such other persons as did either arrest or assist the arresting of the said william vaughan . vide on saturday the th day of the month following . memorandum that the serjeant at arms was this day sent for the parties above mentioned in like sort as the gentleman-usher had been formerly sent for others : and forasmuch as the committees that were appointed on saturday the th day of november foregoing to decide the question between them in that behalf , had not yet performed the same , it was therefore commanded by the house that a remembrance should be made that the sending for any parties before the lords at this time or heretofore by the gentleman-usher or serjeant at arms , should not be prejudicial to either of their rights , until the said committees should have convenient time to consider of and decide this question betwixt them . vide november the th saturday foregoing . upon a motion made to the house by the lord treasurer , it was agreed , that the committees in the two several bills , the one concerning musters and souldiers ( who were appointed on thursday the th day of november foregoing ) and the other for confirmation of letters patents ( who were appointed on monday the twenty third day of november foregoing ) should joyn in one committee for both bills . nota , that although it be ordinary for a committee upon some new occasion to be encreased in the number , or for divers bills to be referred to one and the same committee ; yet i conceive this precedent here immediately foregoing to be very rare and exotick , in respect that two several committees appointed at several times in two several bills , are united together and made as one committee to both the said bills . on wednesday the second day of december three bills had each of them one reading ; of which the first being the bill to avoid trifling and frivolous suits in law in her majesties courts at westminster , and the second being the bill for the denization of certain persons , were each of them read secundâ vice and committed . nota , that here were two several bills read secundâ vice , but no mention made either of their commitment or ingrossing ; the supposed cause or reason of which omission see more at large on monday the . day of november foregoing . the bill concerning the suppressing of the multitude of ale-houses , &c. was returned to the house by the lord treasurer with certain amendments . william crayford by whose procurement and assistance william vaughan the earl of shrewsburys servant was arrested and committed to newgate ; and one millington an attorney , the said crayfords master , as also the under-sheriff of middlesex , and another person that was bayliff with crayford in arresting the said willam vaughan ; all which persons having been heard particularly by the lords , and the said millington , the under-sheriff and crayfords fellow bayliff protesting that they knew not the said vaughan to be a man priviledged by the parliament at the time of the arrest , it was ordered that the said millington , the under-sheriff and the said bayliff should be dismissed for that cause : but forasmuch as by the confession of the under-sheriff it doth plainly appear to the lords , that the said crayford had very maliciously and upon unnecessary suits , that did not concern himself , prosecuted the serving and laying of sundry executions upon william vaughan , it was thought meet and so ordered , that he should be committed to the prison of the fleet : and because also the keeper of newgate having seen their lordships order by the hands of the serjeant at arms for the bringing of the said vaughan did not perform the same , pretending he could not with his safety remove him out of prison being in execution , he was in like sort committed to the fleet for neglecting the said order . and for the prisoner william vaughan the lords resolved to enter into some further consideration for the bringing of him before them into the house . and thereupon their resolution concerning the same was respited until some other time . vide concerning this matter on saturday the th day of this instant december following . on thursday the d day of december two bills had each of them one reading ; of which the second being the bill for enabling of edward nevil of berling in the county of kent , and sir henry nevil knight his son and heir apparent , to dispose of certain copyhold lands parcel of the mannor of rotherfield in the county of sussex , and of the mannor of aylesby and felding in the county of warwick was read primâ vice . the amendments of the bill against the multitude of ale-houses and tipling-houses were this day twice read ; and thereupon the bill ordered to be ingrossed . three bills had each of them one reading ; of which the first being the bill for assurance of certain mannors and lands for part of a jointure to lucy countess of bedford was read primâ vice . two bills were brought up to the lords from the house of commons ; of which the first being the bill against drunkards and common haunters of alehouses and taverns was read primâ vice . the lords were this day informed by the earl of worcester of an arrest made of the person of robert treswell somerset , one of her majesties heralds at arms in ordinary , at the suit of one margery fitchet of london . whereupon it was ordered by the court , that the serjeant at arms should be sent for the said margaret fitchet , and for william smith and william lane that made the arrest , and should bring them before the lords into the upper house to morrow being the th day of this instant december ; and that the said serjeant should also bring robert treswell himself at the time and place prefixed . vide concerning this matter on tuesday the th day of this instant december following . motion was made by the lord keeper on the behalf of the lord chandois , signifying that his lordship was constrained to repair into the country for the finding of an office which did greatly import him in his estate , and therefore desired their lordships allowance of his absence for some few days , whereunto they willingly assented . memorandum , that whereas it was formerly ordered , that the keeper of the prison of newgate , having in his custody , william vaughan servant to the earl of shrewsbury upon execution , should bring the person of the said william vaughan on wednesday the second day of this instant december , before the lords spiritual and temporal into the upper house of the high court of parliament ; of which order the said keeper having taken notice by a serjeant at arms , did notwithstanding refuse to bring the said prisoner into the court , and for the said refusal and contempt was the same day by order of the court committed to the prison of the fleet ; and order likewise was given that such precedents as could be found touching the proceeding of the court in like case of arrest in execution should be produced at the next sitting of the said court : it is therefore upon view and consideration of divers precedents and remembrances produced this day , and differing from the manner of proceeding ordered by the said court , that the lord keeper shall forthwith make out a writ of priviledge of parliament to the sheriffs of london and middlesex , to have the body of the said prisoner william vaughan with the cause of his imprisonment before the said high court at the upper house to morrow the th day of this instant december by eight of the clock in the morning . vide december th saturday postea . a copy of the order last above-specified concerning william vaughan subscribed by the clerk of the parliament , was delivered to the lord keeper for making out of the writ . on friday the th day of december , the bill against drunkards and common haunters of alehouses and taverns , the bill for levying of fines with proclamation of lands within the city of chester , the bill for enabling of edward nevil of berling in the county of kent , and sir henry nevil knight , &c. and the bill for confirmation of letters patents made by king edward the sixth to sir edward seymour knight , were each of them read secundâ vice : but no mention made either of their commitment or ingrossing ; the supposed cause or reason of which omission see more at large on monday the th day of november foregoing . the bill for the suppressing of the multitude of alehouses and tipling houses was read tertiâ vice , and sent to the house of commons by m r doctor carew and m r coppin clerk of the crown . two bills also had each of them one reading ; of which the first being the bill for the assurance of certain lands for part of a jointure to lucy countess of bedford , was read the second time and committed to the earl of worcester and others , who were appointed to meet at the earl of worcesters chamber at the court to morrow by two of the clock in the afternoon ; and the bill was delivered to the said earl of worcester . whereas order was taken at the last sitting of the court of parliament , viz. o die decembris , that a writ of priviledge of parliament should be made out by the lord keeper unto the sheriffs of london and middlesex for the having of the body of william vaughan prisoner in newgate , together with the cause of his imprisonment before the said court this present day , the said writ having been thereupon made out by the lord keeper , and the same together with the said prisoner william vaughan and the cause of his imprisonment being returned and brought this day into the court by the under-sheriff of the county of middlesex , and the said prisoner william vaughan having there made declaration of the notorious frauds and practices used by william crayford and others , for the arresting of the said vaughan ; and likewise crayford having been heard what he could say for himself in that behalf ; forasmuch as it appeared unto the lords , that besides the breach of the priviledge of the said high court , the said crayford had fraudulently and malitiously taken out and laid upon the said vaughan divers writs of execution and outlawry of many years past , and utterly without the privity and knowledge of most of the parties to whom the said suits appertained , of which parties some were avowed to have been a good while since deceased : it is therefore agreed and ordered by the general consent of the court , that the said william vaughan shall be forthwith discharged out of prison and execution , and the said sheriff shall be free from any trouble , damage or molestation for his said discharge . and it is likewise ordered , that for satisfaction of any such debts as shall be found due to be paid by the said vaughan upon the arrest mentioned and recited in the aforesaid return of the sheriffs writ , the said vaughan shall enter into sufficient bond to stand to such order as shall be set down by certain of the lords of the parliament , namely the earl of worcester , the earl of pembrook , the lord bishop of durham , the lord bishop of winchester , the lord windsor and the lord s t john , to whom by the court the ordering thereof is committed . and moreover it is ordered , that the said crayford shall be returned to the prison of the fleet , and kept close prisoner until further direction be given for his enlargement ; and that the keeper of newgate lately committed to the fleet for not bringing the prisoner into the court , shall be presently discharged . vide concerning this matter on saturday the th day of this instant december following . on saturday the th of december , the bill for maintenance of the navy , increase of mariners , and avoiding the scarcity of victuals was read primâ vice . report was made to the house by the lord archbishop of canterbury , the first of the committees in the bill concerning musters , souldiers , &c. ( whose names see before on thursday the th day of november foregoing ) that the said committees having oftentimes met and confer'd about that bill did find so many imperfections in the same , as it could not conveniently be amended ; and therefore thought it meet to draw a new bill instead thereof , which he presented to the house . the bill intituled an act for the more peaceable government of the parts of cumberland , northumberland , &c. was returned to the house with certain amendments , which amendments were presently twice read , and thereupon the bill commanded to be ingrossed . the bill concerning captains , souldiers and others ; retained in the queen services in the wars , was read primâ vice . one bill was brought up to the lords from the house of commons , by m r comptroller , m r secretary cecill , sir john fortescue , m r secretary herbert and others , which being for reformation of deceits and frauds of certain auditors and their clerks , in making deceitful and untrue particulars , was read primâ vice . upon complaint made to the house by the lord archbishop of canterbury of great disorders committed by certain pages and others belonging to some of their lordships , or to some of the house of commons , in offering violence to divers persons , and particularly to his lordships bargeman , but especially to one george percivall a servant to the lord bishop of peterborough who was abused and beaten as was informed by one of sir john harrington's servants named ..... it was ordered by the court , that the committees under-named shall call the said percivall and ..... before them upon monday next , being the th day of this instant december , at the parliament chamber , and upon examination of the matter shall inflict such punishment on the offender as they shall find cause ; and it is likewise ordered , that the lord keeper shall conser with the speaker of the house of commons for some course to be considered of and taken for reformation of like abuses hereafter . committees to examine the abuses offered by sir john harrington's servant to a servant of the lord bishop of peterborough , the earl of lincoln , the lord bishop of london , and the lord zouch . on monday the th day of december , two bills had each of them one reading ; of which the first being the bill for the more peaceable government of the parts of cumberland , northumberland , westmerland , the bishoprick of durham , was read tertiâ vice , and sent down to the house of commons by doctor carew and m r doctor stanhop . the bill to avoid double payment of debts was brought up to the lords from the house of commons by m r comptroller , sir edward hobbie and others . four bills also had each of them one reading ; of which the third being the bill for confirmation as well of all grants made to the queens majesty , and of all resumptions made by her highness , of the possessions of any arch-bishoprick or bishoprick , as of letters patents made by her majesty to others , was read primâ vice . the bill for reformation of grants made to the queen , and by letters patents made by her highness to others , was this day returned to the house with certain amendments by the lord treasurer the first of the committees . vide concerning this bill on thursday the th day of this instant december following . memorandum , that upon a motion made this th day of december to the house by the lord zouch , that the lady fane by her letters to sir anthony mildmay , had signified that she had not given her consent to the passing of the bill concerning the enabling of edward nevill and sir henry nevill his son to dispose of certain copy-hold lands , &c. as was mentioned in the said bill ; the said sir anthony mildmay was called before their lordships , who produced the said letter , and the same was read in the house : and thereupon it was ordered , that any further proceeding in the bill should be respited until wednesday next by ten of the clock in the forenoon , at what time the lady fane might be heard what she could say against the same , if she would then be present . vide concerning this business on wednesday the th day of this instant december ensuing . this day sir william knolles , sir edward hobbie knights , with divers others of the house of commons , delivered a message from the knights and burgesses of the said house , desiring conference with some of their lordships about the bill concerning the uniting of eye and dunsden to the mannor of sunning . upon delivery of which message , after the said sir william knolles and the rest had a little withdrawn themselves , and then upon propounding of this motion to the house the lords had assented thereunto , answer was made by the lord keeper ( sitting in his place and the rest of the lords also keeping their places ) unto the said sir william knolls , &c. that the lords had yielded to the conference , and had appointed certain committees ( under-named ) to meet with some select persons of the house of commons for that purpose , viz. the lord treasurer , the lord steward , the lord bishop of london , the lord bishop of winchester , the lord zouch and the lord cobham , appointed to meet at the outer chamber near the parliament presence to morrow the th day of this instant december by eight of the clock in the morning . vide concerning this matter on monday the th day , and on saturday the th day of november foregoing . on tuesday the th day of december , six bills had each of them one reading ; of which the last being the bill concerning captains and souldiers and other the queens services in the wars , was read secunda vice , and committed to the committees , formerly appointed for the first bill of that kind ( whose names see before on thursday the th day of november ) with addition of the lord windsor ; and the said committees to meet about the said bill upon the first opportunity of meeting about any other bill ; and the bill was delivered to the earl of nottingham lord steward the third of the committees . nota , that here this bill was delivered to the earl of nottingham being the third of the committees , of whom the lord archbishop of canterbury and the lord treasurer were the two first : whereas on monday the th day of november foregoing , a bill being committed upon the second reading was delivered unto the archbishop of canterbury the first of the committees ; and on thursday the th day of the same month upon the commitment also of a bill in the like manner , it was delivered unto the lord howard of walden being the puisne baron or last of the committees . by which it is plain , that as well in the upper house as in the house of commons , after any bill is committed upon the second reading , it may be delivered indifferently to any of the said committees . a proviso was offered by the earl of worcester in the behalf of the earl of shrewsbury , to be annex'd unto the bill intituled an act for confirmation of grants made to the queens majesty , and of letters patents made by her highness to others . which proviso together with the amendments in the said bill ( returned yesterday to the house by the committees ) were presently read . and forasmuch as the lords desired a speedy proceeding in this bill , they sent d r carew and d r stanhop to the house of commons , to move them that some meet persons of that house might join in conference with the lords being to the number of twenty or thereabouts , concerning the proviso and amendments aforesaid ; and that the meeting about the same might be at the outward chamber near the parliament presence to morrow the th day of this instant december by eight of the clock in the morning . upon delivery of which message to the house of commons they assented accordingly to the motion made in that behalf . vide concerning this matter on thursday the th day of this instant december ensuing . upon a motion sent this day from the house of commons by sir walter raleigh , sir francis hastings , sir edward hobbie and others , signifying that they desired conference with some of their lordships for certain matters concerning the honour of both houses , the lords hereafter named were selected and chosen to confer thereabout with such as should be nominated and sent by the house of commons , and the time and place of meeting appointed upon thursday next , being the th day of this instant december , by eight of the clock in the morning , at the outward chamber near the parliament presence , which was signified to sir walter raleigh and the rest in answer of their message . the lord archbishop of canterbury , the lord treasurer , the earl of nottingham lord steward , the earl of northumberland , the earl of worcester , the bishop of london , the bishop of durham and the bishop of winchester , the lord zouch , the lord la ware , the lord cobham and the lord howard of walden . this day the lord archbishop of canterbury , the first of the committees in the bill concerning andrew and francis kettlebie ( whose names see before on tuesday the th day of november ) made report to the house , that the said committees did desire and had endeavoured to make some agreement betwixt the parties , by procuring the wife of andrew kettlebie to accept of reasonable conditions for her estate , which they held to be a better course than that the bill should proceed absolutely without any help for the said wife : but forasmuch as the said committees could not prevail therein with her ( who utterly refused all composition ) they therefore returned the bill again to the house without alteration in such sort as they received the same ; thereupon order was given for ingrossing thereof . the matter concerning the arrest of robert treswel sommerset one of the heralds , was referred to her majesties commissioners for those causes that concern the lord marshalls office , and the parties that were sent for to be discharged . vide on thursday the third day of this instand december foregoing . the lord burleigh not able to attend for want of health signified by the lord keeper . on wednesday the th day of december m r ..... being of councel with the lady fane , was heard in the house what he could say in her behalf against the bill of edward nevill and sir henry nevill his son. whereupon the lords finding no cause why the proceeding of the said bill should be longer stayed or forborn , order was presently given for the third reading thereof . the bill for the enabling of edward nevill of berling in the county of kent and sir henry nevill knight his son and heir apparent , to dispose of certain copyhold lands , was read tertiâ vice . upon the third reading of which said bill , and before the putting thereof to the question whether it should pass or no , the lady fane yielded her consent to the passing of the same , being thereunto perswaded by sundry of the lords . vide concerning this matter on monday the th day of this instant december foregoing . the bill to avoid the double payment of debts was read secundà vice , but no mention is made either of the commitment or ingrossing thereof , the supposed cause or reason of which omission see more at large on monday the d day of november foregoing . the lord treasurer made report that the committees in the bill concerning letters patents and conveyances , &c. could not proceed to any certain conference with those that were sent from the house of commons for that purpose , in respect of some doubts that were conceived , whether the proviso offered to be annexed thereunto were necessary or no. and thereupon m r attorney general was required to deliver his opinion in that behalf . which being done by him accordingly to this effect , that he thought the said proviso to be needless and unnecessary , and the judges also concurring with him in that opinion : nevertheless upon a motion made by the lord bishop of london , that the councel learned of the earl of shrewsbury and m r holcroft ( whom the said proviso did concern in particular ) might be heard in the house as they desired touching the same ; it was thought meet and agreeable to the honour and dignity of the house , that they should be so heard : to which end their councel were appointed to give their attendance to morrow the th day of this instant december by eight of the clock in the morning . and moreover for the better satisfaction of the house of commons for the present , m r serjeant yelverton , m r d r carew and m r d r stanhop were sent unto them with this message , to signify their lordships desire to have proceeded to conference with them this morning about the said bill ( as was yesterday appointed ) and that the lords were the more willing to give furtherance to the expediting of the said bill , in regard the same was especially recommended unto their lordships from the said house : but forasmuch as they found not themselves sufficiently prepared for this conference , by reason of doubts that were not yet cleared unto them , they desired the said conference might be respited till friday morning next by eight of the clock at the outward chamber near the parliament presence . unto which motion the house of commons willingly assented . vide concerning this matter on thursday the th day of this instant december following . on thursday the th day of december , the bill for the establishing the remainder of certain lands of andrew kettlebie esquire upon francis kettlebie , was read tertiâ vice and sent to the house of commons by d r stanhop and d r hone. two bills had each of them one reading ; of which the first being the bill to avoid double payment of debts was read tertiâ vice and expedited . the bill concerning resumptions , &c. ( which was committed on tuesday the th day of this instand december foregoing , although the mention thereof as being of little moment is there purposely omitted ) was this day delivered to the lord treasurer one of the committees . the councel learned as well on the behalf of the earl of shrewsbury as of tho. holcroft , henry candish and william candish esquires , were heard at large in the house ( as was yesterday appointed ; ) and thereupon m r attorney was required to deliver his opinion again of the said provisoes offered on either part . which being done by him accordingly in more particular and ample manner than before , and having withal delivered his resolution to sundry questions propounded unto him by divers of the lords concerning the said cause , it was ordered as followeth . upon debate in the house concerning the several provisoes offered by the earl of shrewsbury and by thomas holcroft , henry cavendish and william cavendish esquires , to be annext to the bill intituled an act for confirmation of grants made to the queens majesty and others ; it was at last agreed that the lord chief justice of her majesties bench , the lord chief justice of the common-pleas , calling unto them the rest of the judges , and m r attorney general , should draw some new provisoes , such as they should think indifferent for all parties , and meet to be annexed to the said bill , and should present the same to the lords to morrow in the morning before their conference with the house of commons about the said bill . vide concerning this matter on thursday the th day of this instant december ensuing . the lord keeper signified unto their lordships that he received commandment from her majesty to let them understand her pleasure to be , that the parliament should end upon thursday the th day , or friday the th day of this instant december at the furthest , to the end their lordships may repair home into their countries against christmas . and therefore she required them to imploy and spend that time which remaineth , in matters concerning the publick , and not in private causes . memorandum , quod die decimo praedicto , viz. dicti mensis decembris , those of the house of commons that were appointed to confer with some of the lords ( upon the message lately sent from the said house signifying their desire of conference for some matter touching the honour of both houses ) did make known unto the lords of the committees nominated for that purpose , that the occasion of such their message was , for that ( as they were informed ) m r attorney general had preferr'd a bill into the star-chamber against one belgrave a member of the house of commons , for and concerning some matter of misdemeanour pretended to be done towards the earl of huntington a lord of the upper house . and therefore they desired this mutual conference , letting their lordships understand , that to the preferring of the said bill they conceived just exceptions might be taken by them for two respects . first , that belgrave being a member of the house of commons was thereby vexed and molested during his service in the time of parliament , contrary to the honour and priviledge of the house , saying that no member of that house ought by any such means in time of his service to be distracted either in body or mind . the other , because in the said bill preferr'd by m r attorney general , who had been heretofore speaker of that house , and therefore as they thought , ought to have more regard to the honour and liberty of the same , certain words and clauses were inserted , which were taken to be prejudicial and derogatory to the honour of the said house . and therefore they desired that the lords would peruse and consider of the said bill . whereupon the said bill being offered to be read , and for as much as it appeared that it was not an authentick bill testified by the hand of the clerk of the star-chamber , as had been meet , the lords thought it not meet ( though otherwise they were willing to have it read ) nor agreeable to the proceeding of such a court , that the said bill or scroll shall be received to reading . and therefore with a message to that effect were pleased to send it down again to the house of commons by m r serjeant yelverton and m r d r hone ; who finding the house risen before they came , brought the said bill back again . vide concerning this matter on monday the th day of this instant december following . on friday the th day of december , the bill concerning captains , souldiers and other in the queens services in the wars , was returned to the house by the lord steward with certain amendments , and a proviso thought meet by the committees ( whose names see on thursday the th day of november foregoing , as also on tuesday the th day of this instant december last past ) which amendments and provisoes were presently twice read , and thereupon the bill commanded to be ingrossed . the bill for maintenance of the navy , encrease of mariners , &c. ( which was committed on monday the th day of this instant december foregoing , although the mention thereof as being of little moment be there purposely omitted ) was returned to the house by the lord treasurer the first of the committees with certain amendments , which were presently twice read . four bills were brought up to the lords from the house of commons ; of which the two last were , one for the assurance of the parsonage of the vicaridge of rotherston in the county of chester , and a scholars room in the cathedral church of christ in oxon , of the foundation of k. h. . by the dean and chapter of the said cathedral church , to thomas venables esq and his heirs for ever ; and the other for the augmentation of rachel wife of edward nevil in the counties of kent : both which bills were read primâ vice . memorandum , a proviso being drawn by the judges for the bill for confirmation of grants made by her majesty , &c. as by the court was yesterday appointed , the same was presented to the house by the lord treasurer the second of the committees , testified by m r attorney general , that both parties , viz. the earl of shrewsbury and thomas holcroft esq &c. like of it , and the same was read primâ vice , and conference had immediately with the committees of the house of commons in the outward chamber . vide concerning this matter on thursday the th day of this instant december following . the bill before-mentioned sent down yesterday by m r serjeant yelverton and d r hone was sent by them again with the same message , and moreover to signifie unto them , that the lords are ready to have conference with them . whereunto the house of commons returned answer , that for the conference they are ready to meet with the lords forthwith ; and concerning the bill , they will do what shall be fit . vide concerning this on thursday the th of december ensuing . on saturday the th day of december , eight bills were brought up to the lords from the house of commons by m r secretary cecill , m r secretary herbert and others , which were each of them read primâ vice ; of which the first was for reformation of abuses in sheriffs and other their inferiour officers for not duly executing writs of proclamation upon exigents according to the statute of eliz. and the second was the bill for prohibiting fairs and markets to be holden on the sunday . two bills also had each of them one reading ; of which the first being the bill for the grant of four entire subsidies and eight fifteenths and tenths granted by the temporalty , was read primâ vice . vide concerning this bill on monday the th day and on tuesday the th day of this instant december ensuing . the lords and those of the house of commons not having time yesterday to conclude their conference about the bill concerning letters patents and conveyances , &c. another meeting was then appointed for them this morning ; m r attorney general and m r doctor carew were therefore sent unto them to let them know , that their lordships were ready presently to meet . unto which message the house of commons returned answer , that they would make their repair to their lordships forthwith for that purpose . vide concerning this matter on thursday the th day of this instant december ensuing . the bill for the perfecting the joynture of the lady bridget countess of sussex , wife of robert earl of sussex , was read secundâ vice , but no mention was made either of the commitment or engrossing thereof ; the supposed cause or reason of which omission see more at large on monday the th day of november foregoing . the bill concerning the joynture of the countess of bedford was returned to the house by the earl of worcester first of the committees ( who were appointed on friday the th day of this instant december foregoing ) with a proviso and certain amendments thought meet to be added , together with a petition of the lady russell against the said bill . the lords that were appointed committees for the bill touching letters patents , &c. went forth to the outward chamber to have conference with those of the house of commons appointed committees for the same bill , but nothing concluded touching the amendments , because the said committees had no power to conclude ; and therefore after long debate the bill was brought back to the house , and the relation thereof referr'd to be made by m r attorney , and the same deferred till the afternoon sitting , by reason the day was spent . domimus custos magni sigilli continuavit praesens parliamentum usque in horam tertiam post meridiem hujus diei . about which hour the lord keeper and divers lords having assembled themselves , five bills had each of them one reading ; of which the first concerning the draining and recovery from the water of certain overflown-grounds in the county of norfolk ; the second for reformation of abuses committed in buying and selling of spices and other merchandizes ; and the third to prevent perjury and subornation of perjury and unnecessary expences in suits of law , were each of them read secundà vice . but no mention is made either of their commitment or engrossing , the supposed cause or reason of which omission see more at large on monday the th day of november foregoing . the proviso that was pretended to be added to the bill for the maintenance of the navy , encrease of mariners , &c. was this day twice read in like sort as the amendments of the said bill had been before , and thereupon the bill was appointed to be forthwith engrossed . the bill for the maintenance of the navy , encrease of mariners , &c. was read tertiâ vice , and sent to the house of commons , together with the bill concerning captains , souldiers , &c. by d r carew and d r hone. the amendments and proviso in the bill concerning the countess of bedfords joynture were twice read , and likewise the lady russells petition was read . whereupon it was appointed that the proviso should be ingrossed in parchment , and the amendments in paper . the committees in the bill for the observation of orders in the exchequer ( who were nominated on thursday the th day of this instant december foregoing ) were appointed forthwith to meet in the little chamber near the parliament presence , to consider of a proviso drawn by the lord chief justice and the rest of the judges , by direction of the committees : which proviso having been considered of accordingly , was brought into the house and presently twice read ; and thereupon the said proviso was commanded to be ingrossed . the bill for the assuring the patronage of the vicaridge of rotherston in the county of chester , and a scholars room in the cathedral church of christ in oxon ( of the foundation of king hen. th ) by the dean and chapter of the said cathedral church , to thomas venables esquire and his heirs for ever , was read secundâ vice . but no mention is made either of the commitment or engrossing , the supposed cause or reason of which omission see more at large on monday the th day of november foregoing . relation was made by m r attorney of the conference with the committees of the house of commons touching amendments of the bill of letters patents , &c. whereupon because the committees of both houses were not agreed , it was thought good they should meet again upon monday morning being the th day of this instant december , and should have authority to agree touching the setting down and penning of the said amendments , and reducing of them to a certainty , together with the committees of the house of commons coming with the like authority , that afterwards the same might be presented to the judgment of the house . this motion was sent down by d r carew and d r hone , and was accepted . vide concerning this matter on thursday the th day of this instant december ensuing . on monday the th day of december , to which day the parliament had been last continued on saturday foregoing , the bill for the better observation of certain orders in the exchequer set down and established by vertue of her majesties privy seal , was read tertia vice ; and the proviso thought meet by the committees to be added , was also read the third time . the bill for the assurance of certain mannors and lands for part of a jointure to lucy countess of bedford ; and the provisoes and amendments presented by the committees to be added , were also read the third time ; both which bills were sent to the house of commons for their consideration of the several provisoes and amendments , by the hands of d r swale and the clerk of the crown . four bills also had each of them one reading ; of which the last being the bill for the grant of four entire fifteenths and tenths granted by the temporalty was read secundâ vice . but no mention is made either of the commitment or ingrossing thereof , the supposed cause or reason of which omission see more at large on monday the th day of november foregoing . vide also concerning this bill on tuesday the th day of this instant december immediately following . two bills were brought up to the lords from the house of commons ; of which the second being the bill for confirmation of the charter of king edward the sixth , of the three hospitals of christ , bridewell and s t thomas the apostle , to the mayor , commonalty and citizens of london , was read primâ vice . the bill to confirm the assurance of the mannors or farms of sagebury aliàs sadgebury and obden , and other hereditaments to samuel sands esq and john harris gent ' , and their heirs ; and the bill for the amendment of certain imperfections of a statute made in the eighth year of her majesties reign concerning the true making of hats , were each of them read secundâ vice : but no mention is made either of their commitment or engrossing , the supposed cause or reason of which omissions see more at large on monday the th day of november foregoing . the paper or scroll concerning belgrave was this day returned from the house of commons subscribed by the clerk of the star-chamber , and excuse made by them for not sending the same at the first . vide concerning this matter on thursday the th day of this instant december foregoing . dominus custos magni sigilli continuavit praesens parliamentum usque ad horam secundam post meridiem hujus instantis diei . about which hour the lord keeper and divers lords assembling , six bills had each of them one reading ; of which the third being the bill for the augmentation of the jointure of rachell wife of edward nevill of berling in the county of kent was read secundâ vice : but no mention is made either of the commitment or engrossing of the same , the supposed cause or reason of which omission see more at large on monday the th day of november foregoing . the bill concerning the erecting of a harbour and bay in the north part of devon , &c. was returned to the house by the lord steward with one amendment , which was presently twice read . the bill prohibiting fairs and markets to be holden on sunday , was read secundâ vice , and committed : but in respect that all the commitments of bills this parliament were of one and the same nature , wherein the judges were always appointed to attend the lords committees , and never nominated as joint committees with them , ( as see more at large discussed on saturday the th day of november foregoing ) therefore the said committees names are in this place as in divers others purposely omitted , as being matter of no great moment ; yet none of the judges were appointed to attend upon the lords committees in this present last above-mentioned bill , but only the attorney general . upon motion made by the earl of worcester , it was ordered by the house that william crayford prisoner in the fleet should come to make his humble submission before the lords in the said house to morrow by nine of the clock in the morning . vide concerning this matter on saturday the th day of this instant december ensuing . the councel as well of the company of plaisterers as painters were appointed to be heard in the house to morrow in the afternoon . vide touching this business on monday the th day of this instant december following . on tuesday the th day of december , three bills had each of them one reading ; of which the second being the bill for the erecting and making a harbour and bay on the north part of devon in the river of severn for the safeguard of men and shipping , and to the publick good of the common-wealth , was read tertiâ vice , and sent down to the house of commons , for their considerations of the amendments , by d r stanhop , d r swale and d r hone. the bill for the grant of four entire subsidies and eight fifteenths and tenths granted by the temporalty , was read tertiâ vice & expedit . nota , that whereas in the parliament which was begun and holden at westminster , in anno regin . eliz. anno domini . the knights , citizens and burgesses of the house of commons were not drawn , without much and long dispute both amongst themselves and with the lords , to yield unto the grant of three subsidies and six fifteenths and tenths ( being a greater gift than had been before ever given unto her majesty ) and that the same was then also assented unto in respect of the great dangers were newly threatned to her majesty from rome and spain , with caution and promise nevertheless , that it should not be drawn into precedent for future times ; yet in the next parliament which ensued in an . regin . eliz. anno domini . although none of the said imminent dangers which had been feared in the above-mentioned thirty fifth year of her majesties reign , had to that time come into any real execution , the house of commons was notwithstanding again drawn to yield unto the same proportion of three subsidies and six fifteenths and tenths to be paid also to her majesty within a shorter time . and now lastly in this present parliament in an . , & regin . ejusdem anno domini . the said house was finally drawn ( in respect chiefly of the troubles of ireland , where the spaniard had set footing ) to present unto her highness the extraordinary and great gift of four subsidies and eight fifteenths and tenths ; the bill whereof did this present tuesday being the th day of this instant december pass the upper house upon the third reading , as it had formerly passed the house of commons on saturday the th day of this instant month foregoing , and had been then sent up unto the lords by m r comptroller and others , although the sending up thereof at the said time be very negligently omitted by thomas smith esq clerk of the upper house in the original journal-book of the said house . from all which matters , lastly , compared together , this one thesis or conclusion may be drawn , that whatsoever the subject doth once yield unto , may be afterwards advanced , but seldom falleth . the bill for naturalizing certain persons born beyond the seas was read secundâ vice . the bill for confirmation of the subsidy of the clergy was read primâ , secundâ & tertiâ vice . memorandum , that at the second and third reading of the said subsidy , the body of the grant was omitted to be read according to the accustomed manner , and only the preface and confirmation of the grant were read ; and the bill was sent to the house of commons by m r serjeant yelverton , m r doctor stanhop and m r doctor hone. upon the humble petition of william crayford lately committed to the prison of the fleet , and upon his humble submission and acknowledgment of his offence , he was by the order of the court enlarged and set at liberty . vide concerning this matter on saturday the th day of this instant december following . dominus custos magni sigilli continuavit praesens parliamentum usque ad horam secundam post meridiem hujus instantis diei . about which hour the lord keeper and divers other lords being assembled , the bill for naturalizing of certain persons born beyond the seas was read tertiâ vice & expedit . eight bills were brought up to the lords from the house of commons ; of which the first being the bill for continuance of divers statutes and for repeal of some others , and the second being against the transportation of ordnance , gun metal , iron oar , iron mine and iron shot , were each of them read primâ vice . on wednesday the th day of december , the bill for re-edifying , repairing and maintaining of two bridges of the river of eden near the city of carlisle in cumberland was read primâ & secundâ vice . seven bills of no great moment had each of them one reading ; of which the fourth being the bill for the continuance of divers statutes , and for repeal of some others , and the fifth to redress the misimployment of lands , goods and stock of money heretofore given to charitable uses , were each of them read secundâ vice : but there is no mention made either of their commitment or ingrossing , the supposed cause or reason of which omission see more at large on monday the th day of november foregoing . eight bills were brought up to the lords from the house of commons by m r secretary cecill , sir walter raleigh and others ; of which the first being the bill for ending and appeasing of all controversies , matters and debates between francis kettlebie of the one part , and andrew kettlebie and jane his wife of the other part ; and the second being for the recovery of many thousand acres of marish and other grounds subject commonly to surrounding within the isle of ely and counties of cambridge , huntington , northampton , lincoln , norfolk and suffolk were each of them read primâ vice ; and also the fifth being the bill for the necessary relief of souldiers and mariners was read primâ vice . a message was delivered from the house of commons by m r comptroller and others , that the said house was not satisfied concerning the proviso added by the lords to the bill intituled an act for the better observation of certain orders in the exchequer , and therefore desired conference with some of their lordships about the same . the conference was yielded unto and appointed to be this afternoon in the outward chamber . the bill entituled an act for reformation of deceits of certain auditors , &c. being returned to the house with certain provisoes and amendments , the bill with the same was forthwith twice read and ordered to be ingrossed . upon conference with the house of commons concerning the bill for confirmation of grants made to the queens majesty , &c. it was agreed by the committees of both houses , that certain provisoes and amendments should be added to the said bill ; which being returned to the house were presently twice read , and so commanded to be ingrossed : and thereupon the bill it self with the said provisoes and amendments was read the third time and sent to the house of commons for their consideration of the same , by m r attorney general and d r stanhop . dominus custos magni sigilli continuavit praesens parliamentum usque ad horam secundam post meridiem instantis diei . about which hour the lord keeper and divers other lords assembling , eleven bills had each of them one reading ; of which the bill for the recovery of many thousand acres of marish grounds subject commonly to surrounding within the isle of ely , &c. the th being for the redress of certain abuses and deceits used in painting , the th concerning matters of assurances among merchants , and the th being the bill for assize of fuel were each of them read secundâ vice . upon the meeting this afternoon of those of the house of commons appointed to confer with the lords committees in the bill intituled an act for the better observation of certain orders in the exchequer , &c. ( who were appointed on thursday the th day of this instant decem. foregoing ) concerning a proviso added by the lords to that bill , after some debates of the committees on both parts , thereupon those of the house of commons did signify , that the said house would allow of the said proviso , so as the same might be in some certain point amended . whereupon a question grew between them , whether the said amendment of the proviso should be made in the upper house ( upon notice given thereof by the committees ) and so be sent down again , or else be made in the house of commons : which doubt being reported by the lords committees by order and appointment of the house , it was agreed by the common consent , that the amendments should be made in the house of commons and sent up in paper , and to be here inserted in the body of the proviso . which order was by the lords committees signified to the committees of the house of commons , and they thereunto assented . whereas it hath been accustomed in former parliaments that towards the end of a parliament , a collection should be made amongst the lords for the poor , and it was this day moved by the lord archbishop of canterbury , that the like collection might be made at this time ; it was upon this motion ordered by the house , that there should be such a collection made accordingly : and that the lord bishop of chester , the lord bishop of peterborough , the lord zouch and the lord rich should be collectors of the same , and after such rates as have been usually given and bestowed by the lords for the said charitable purpose in former parliaments , and they to take order for the distribution of it . on thursday the th day of december the bill for the relief of the poor was read secundà vice . it was ordered that edward comber of the middle-temple should be presently sent for and brought before the lords in the house for that ( contrary to the priviledge of this court ) he hath caused one thomas gerrard gentleman to be arrested . and it was likewise ordered , that such persons as made the arrest or did assist the same , shall likewise be sent for by the serjeant at armes to answer their doings therein . the bill for the necessary relief of souldiers and mariners was read secundâ vice . two bills were brought up to the lords from the house of commons ; of which the first being the bill for the assurance of certain mannors and lands for part of a joynture to lucy countess of bedford was returned expedited . two bills also had each of them one reading ; of which the second being the bill for reformation of deceits and frauds of certain auditours and their clerks in making deceitful and untrue particulars , was read tertiâ vice , and sent to the house of commons by d r carew and d r hone. the bill was brought back from the house of commons intituled an act for confirmation of grants made to the queens majesty , and of letters patents made by her highness to others , expedit . nota , that there was much dispute and some difference between the two houses touching this bill , after that it had been sent up from the house of commons to the lords , and sent down again from their lordships to the house of commons with divers amendments ; as see on thursday the th day of november , and on monday the th day of the same month last past , as also on monday the th day , tuesday the th day , wednesday the th day , thursday the th day and friday the th day of this instant december foregoing . the bill for confirmation of the subsidy granted by the clergy was returned from the house of commons expedited . the bill concerning the assize of fuel was read tertiâ vice & expedit . dominus custos magni sigilli continuavit praesens parliamentum usque ad horam secundam post meridiem hujus instantis diei . about which hour the lord keeper and divers other lords assembling , five bills of no great moment had each of them one reading ; of which the second being the bill for the strengthening of the grants made for the maintenance and government of the house of the poor called s t bartholomews hospital , of the foundation of king hen. the eighth , was read secundâ vice . the bill for the recovery of many hundred thousand acres of marshes and other grounds subject commonly to surrounding within the isle of ely and counties of cambridge , huntington , northampton , lincoln , norfolk and suffolk was read iertiâ vice & expedit . upon the third reading of this bill it was moved by the house , that certain additions might be put in the title of the bill and amendments in some part of the body thereof , and the lord chief justice and m r attorney were required to draw the same , which was done presently by them and presented to the house . whereupon the said additions and amendments were thrice read , and then sent to the house of commons , for their consideration of the same , by m r attorney and m r d r hone who returned presently from the house of commons with their allowance of the said amendments and addition in the title of , of the counties of essex , sussex , kent and the county palatine of durham . three bills also had each of them one reading ; of which the last being the bill to make the lands , tenements and hereditaments of edward lucas gentleman deceased , executor of the last will and testament of john flowerden esquire deceased , lyable , &c. was read secundâ vice ; but no mention is made either of the commitment or engrossing thereof , the reason or cause of which omission , see more at large on monday the d day of november foregoing . conference was desired by the house of commons with some of their lordships about the bill sent to them this day concerning the reformation of deceits and frauds of certain auditors , &c. the conference was yielded unto and appointed to be presently at the outward chamber near the parliament presence . on friday the th day of december , four bills had each of them one reading ; of which the last being the bill for the queens majesties most gracious general and free pardon was read primâ vice , and sent to the house of commons by m r attorney general and m r doctor stanhop . memorandum , that whereas a bill hath been presented to the high court of parliament by the company of the mystery or trade of painters , making thereby complaint against the company of plaisterers for and concerning certain wrongs pretended to be done to the said painters by the company of plaisterers , in using some part of their trade of painting , contrary to the right of their charter ( as is pretended ) and humbly seeking by the said bill , reformation of the said wrong ; and whereas the said bill passed not the upper house of parliament for just and good reasons moving the lords of the higher house to the contrary : yet nevertheless the lords of the upper house have thought it meet and convenient that some course might be taken for reformation of any such wrong as may be found truly complained of and fit to be remedied , and for the setling of some good agreement and order for the said painters and plaisterers , so as each sort of them might exercise their trade conveniently without impeaching one the other : it is therefore ordered by the court of the upper house of parliament , that the said complaint and cause of the said painters ( which proceeded not in parliament ) shall be referr'd to the lord mayor of london , and the recorder of london , to be heard and examined , adjudged and ordered as in justice and equity shall be found meet ; and that at the time or times of the hearing of the said cause , the lord chief justice of england , the lord chief justice of the common pleas , m r justice gawdie , m r baron clark and m r attorney general or any four , three , or two of them , shall assist and give their help for the making and establishing some good order and agreement . and that the said parties complainant , and also the company of the plaisterers shall observe and keep such order as by the said mayor , the lord chief justice of england , the lord chief justice of the common pleas , m r justice gawdie , m r baron clark , m r attorney general , m r recorder of london , or any six , five , four or three of them ( whereof the lord mayor and the lord chief justice of england or lord chief justice of the common-pleas to be two ) shall be set down and prescribed . vide concerning this matter on monday the th day of this instant december foregoing . memorandum , that whereas william crayford of mongham in the county of kent gentleman , was this day brought before the lords spiritual and temporal in the upper house of parliament to answer an information made against him , that he had procured and suborned his son william crayford to lay sundry executions and outlawries on william vaughan gentleman servant to the earl of shrewesbury , contrary to the priviledge of the court ; and the said crayford having been heard in the presence of william vaughan what he could say concerning the said information , wherein he protested that he was guiltless , and that his said son had not in any sort received such direction from him as was informed ; it was therefore by the court thought meet and so ordered , that the examination and determining of the controversies and suits depending between the said crayford and vaughan should be referr'd to the earl of worcester , the lord bishop of london and the lord cobham ; and that they the said crayford and vaughan should enter into good and sufficient bonds each to other to stand to , observe and perform such award and arbitrement as the said lords shall make and set down between them . vide concerning this matter on saturday the th day of this instant december immediately following . on saturday the th day of december a motion was made in the house , for avoiding of all further controversy between william crayford and william vaughan gentlemen , that forasmuch as each of them took mutual exception one to the other touching the bonds whereinto they formerly entred by order of the court ( the said william crayford alledging that it sufficed not william vaughan alone to be bound , because his heirs or some other claiming by and from him might trouble and molest him : and that the said vaughan is insufficient ; and the said william vaughan alledging , that if william craysord were bound alone , his sons or heirs might molest and trouble the said vaughan without hazard of the bond ) some further order might thereupon be taken ; it was therefore this day ordered by the court , that the said william crayford and his eldest son edward craysord should enter into sufficient bond unto the said william vaughan , without hazard of the bond , for themselves and their heirs , that they and every of them shall stand to the award and arbitrement of the earl of worcester , the lord bishop of london and the lord cobham , or any two of them ; and that also the said william vaughan shall enter into like bond with a sufficient surety for himself and his heirs , to stand to the said award of the lords before-mentioned , or any two of them so as such award be made before the feast of easter next following . and moreover , it is ordered by the court that if they or either of them shall refuse to enter into bond according to the said order , that the lord keeper ( notwithstanding the ending of the parliament , and thought it be after the time ) shall commit them or either of them to close prison so refusing , there to remain until the party refusing be conformable to the said order . vide concerning this matter on tuesday the first day , wednesday the second day , thursday the third day , friday the fourth day monday the fourteenth day , tuesday the fifteenth day , and on friday the eighteenth day of this instant december foregoing . dominus custos magni sigilli continnavit praesens parliamentum usque ad horam secundum post meridiem hujus instantis diei . about which hour in the afternoon the queens majesty was personally present , being accompanied with the lord archbishop of canterbury , sir thomas egerton knight lord keeper of the great seal , the lord buckhurst lord treasurer of england , and with divers other lords spiritual and temporal ; but what was there done is not mentioned in the original journal of the upper house , and is therefore supplied out of a very elaborate private journal of the house of commons . her majesty with divers lords spiritual and temporal being set in the upper house in their parliament robes between two and three of the clock in the afternoon , the knights , citizens and burgesses of the house of commons had notice thereof , and thereupon repaired thither with john crooke esquire recorder of london their speaker , who being placed at the rail or bar at the lower end of the said upper house , after he had made three reverences to her majesty fitting under a rich cloth of state , spake to this effect following . that laws were not at first made with humane pen , but by divine ordinance ; that politick laws were made according to the evil conditions of men , and that all laws serve not for all times , no more than one medicine for all diseases ; if he were asked , what were the first and chiefest thing to be considered , he would say , religion . so religion is all in all , for religion breeds devotion , devotion breeds zeal and piety to god , which breedeth obedience and duty to the prince , and obedience of the laws , which breedeth faithfulness and honesty and love , three necessary and only things to be wished and observed in a well governed common-wealth . and that her majesty by planting true religion had laid such a foundation upon which all those virtues were so planted and builded , that they could not easily be rooted up and extirpated . and therefore he did acknowledge , that we ought and do acknowledge that we will praise god and her majesty for it . and then he descended to speak of governments and laws of nations , among and above all which he principally preferr'd the laws of this land , which he said were so many and so wise , that there was almost no offence but was met with in a law. notwithstanding her majesty being desirous for the good of her land to call a parliament for redress of some old laws and making some new , her dutiful and loving subjects having considered of them , have made some new , and amended some old , which they humbly desire may be made laws by her most royal assent which giveth life unto them . and so after thanks given for the pardon by which we dread your justice and admire your mercy , and a prayer unto her majesty that she would accept as the testimonies of our love and duty offered unto her , with a free heart and willing spirit , four entire subsidies and eight fifteenths and tenths , to be collected of our lands and livelihoods ; in speaking whereof he mistook and said , four entire fifteenths and eight subsidies , but he was remembred by some of the councel that stood near about him , and so spake right as aforesaid ; and having craved pardon for his offence , if either he had forgotten himself in word or action , he ended . the which the lord keeper answered thus in effect . first as touching her majesties proceedings in the laws for her royal assent , that should be as god should direct her sacred spirit . secondly , for your presentation of four subsidies and eight fifteenths and tenths ; thirdly , your humble thankfulness for the pardon , for them and yourself ; i will deliver her majesties commandment with what brevity i may , that i be not tedious to my most gracious sovereign . first she saith , touching your proceeding in the matter of her prerogative , that she is perswaded subjects did never more dutifully ; and that she understood you did but obiter touch her prerogative , and no otherwise but by humble petition ; and therefore , that thanks that a prince may give to her subjects , she willingly yieldeth : but she now well perceiveth , that private respects are privately masqued under publick presence . secondly , touching the presentation of your subsidy , she specially regardeth two things , both the persons and the manner . for the first , he fell into commendations of the commonalty ; for the second , the manner , which was speedy , not by perswasion or perswasive inducements , but freely out of duty with great contentment . in the thing which ye have granted , her majesty greatly commendeth your confidence and judgment ; and though it be not proportionable to her occasions , yet she most thankfully receiveth the same as a loving and thankful prince ; and that no prince was ever more unwilling to exact or receive any thing from the subject than she our most gracious sovereign ; for we all know she never was a greedy grasper nor strait-handed keeper ; and therefore she commanded me to say , that you have done ( and so she taketh it ) dutifully , plentifully and thankfully . for your self , m r speaker , her majesty commanded me to say , that you have proceeded with such wisdom and discretion , that it is much to your commendations ; and that none before you hath deserved more . and so he ended after an admonition given to the justices of the peace , that they would not deserve the epithetes of prolling justices , justices of quarrels , who counted champetrie good chevesance , sinning justices who do suck and consume the wealth and good of the common-wealth ; and also against those who lie ( if not all the year , yet ) at least three quarters of the year in this city of london . after the before-recited speeches were ended as abovesaid , then were the titles of all the acts read in their due order . after which ended , and her majesties assent thereunto , then the dissolution of the parliament followed by the lord keeper , which is entred in the original journal-book of the upper house in these words following , viz. dominus custos magni sigilli ex mandato dominae reginae dissolvit hoc praesens parliamentum . the journal of the house of commons . a journal of the passages of the house of commons in the parliament holden at westminster , anno reginae eliz. anno domini . which began there on tuesday the th day of october , and then and there continued until the dissolution thereof , on saturday the th day of december ensuing , anno reginae ejusdem . this large and copious journal containeth in it not only a number of excellent passages concerning the orders and priviledge of the house of commons , which are usually found in other journals of the same house ; but also much matter touching the publick state , and that great grievance of the realm by reason of patents of priviledge or monopolies , in the abdication or censure of which her majesty most graciously concurr'd with her subjects : in which also a great number of speeches and other passages which were not found in the original journal-book of the said house , are supplied out of a journal of the same house taken at this parliament by one of the members thereof . but yet to avoid confusion , whatsoever is here inserted out of the said private journal , is particularly distinguished from that which is taken out of the above-mentioned original journal-book of the house of commons , by some animadversion or expression thereof both before and after the inserting of it . the tenth parliament of our sovereign lady elizabeth by the grace of god of england , france and ireland queen , defender of the faith , &c. begun at westminster upon tuesday being the th day of october in the forty third year of her majesties reign , upon which day many of the knights for the shires , citizens for cities , burgesses for boroughs , and barons for ports returned into the same parliament did make their appearance at westminster aforesaid before the right honourable the earl of nottingham lord admiral and lord steward of her highnesses most honourable houshold , and did then and there take the oath according to the statute in that behalf made and provided , tendred by the said earl , or by his deputies , who were sir william knolls comptroller of her majesties houshold , sir john stanhop her highness vice-chamberlain , sir robert cecill principal secretary , and john herbert esq second secretary . after which all the said lord steward's deputies and some others of the house of commons having gotten into the upper house , and her majesty with divers of the lords spiritual and temporal being set , the greatest part of the residue of the members of the said house of commons had notice thereof about four of the clock in the afternoon , being at that time still suting in the said house and expecting her majesties pleasure to be sent for up unto the said upper house according to the antient usage and custom of former parliaments ; and thereupon the said residue repaired immediately unto the door of the said house , but could not be let in , the door being still kept shut , and so returned back again unto their own house much discontented . shortly after which time the right honourable sir william knolls , one of the deputies aforesaid , came down into the said house of commons , and so being there set with the said residue for some little space of time , m r richard lieffe , one of the barons returned into this present parliament for the port of hastings in the county of sussex , stood up , and shewing unto the said comptroller the wrong done unto the greatest part of the members of this house , in their not being suffered to come into the said upper house to hear her majesties pleasure signified by the mouth of the lord keeper of the great seal of england , humbly desired the said comptroller to be a means , that the effect thereof might be imparted unto some of the members of this house for their better satisfactions . which as his honour did think very reasonable and meet to be done at convenient time , so did he impute the said fault wholly to the gentleman-usher of the said upper house . which done , and the residue of the said deputies being shortly after come into the said house of commons , and there sitting , the said m r comptroller after some pause stood up , and shewing unto this house that his place was to break the silence of this house for that time , and putting the house in mind to make choice of a speaker according to her majesties pleasure given unto them in that behalf , shewed that in his opinion he thinketh m r john crooke , recorder of london , returned one of the knights for the city of london into this present parliament , to be a very fit , able and sufficient man to supply the whole charge of the said office of speaker , being a gentleman very religious , very judicious , of a good conscience , and well furnished with all other good parts ; yet leaveth nevertheless the further consideration thereof to this house ; and so did sit again . which done , and no one contrary voice at all being delivered , the said m r crooke after some large pause first taken stood up , and very learnedly and eloquently endeavoured to disable himself at large , for the burthen of that charge , alledging his great defects both of nature and of art fit to supply that place , and shewing all full complements for the same to abound in many other learned and grave members of this house ; in the end prayed most humbly that they would accept of his due excuse , and be pleased to proceed to a new election ; and did then sit down again . whereupon the said m r comptroller did stand up , and said , that hearing no negative voice he took it for a due election , and demanding the further opinion of this house therein , they all answered yea , and gave their assents . whereupon the said m r comptroller and the right honourable sir john stanhop her majesties vice-chamberlain immediately went to the said m r john crooke , and did set him in the chair ; which done , the said m r crooke after some little pause did stand up , and yielding unto this whole house most humble thanks for their great good opinion of him and loving favour towards him ; and praying them to accept of his willing mind and readiness , and to bear with his unableness and wants in the service of this house , referr'd himself to their good favours . and then the said m r comptroller signified further unto this house , that her majesties pleasure was , that the members of this house having made choice of their speaker should present him unto her highness upon friday next following in the afternoon . and so then every man departed and went his way . on friday the th day of october about one of the clock in the afternoon the knights , citizens and burgesses of the house of commons with john crooke esq recorder of london , their speaker elect , assembled together in their own house , and having stayed there a good while silent , and attending her majesties pleasure to be sent for to the upper house , and hearing nothing thereof , they did at length depart out of their own house and went of themselves towards the said upper house there to be more near and ready to come before her highness at such time as she should be pleased to send for them , which she did accordingly after they had waited at the said upper house door about half an hour ; where the speaker aforesaid being presented unto her majesty , was , notwithstanding his excuse made according to the usual form to the contrary , approved and allowed by her . and upon her said majesties granting of such petitions of course as the said speaker did lastly make in the name of the house of commons , touching liberty of speech , free access to her majesty , and freedom from arrests and suits , he with the rest of the said commons house returned back to their own house , the serjeant of the said house carrying the mace before the said speaker into the said house . where the said speaker after some good pause of time did signify unto the members of the said house ( being most of them set in their several places ) that her majesties pleasure delivered by the lord keeper was , that this parliament should be a short parliament ; and therefore she willed that the members of this house should not spend the time in frivolous , vain and unnecessary motions and arguments , but only should bend all their best endeavours and travails wholly in the devising and making of the most necessary and wholsome laws for the good and benefit of the common-wealth and the realm . and further shewed , that her highness did purpose that the members of this house should have convenient scope of time to repair home into their countries before christmas for her majesties better service in their countries ; and declared withal , that in regard of some matters of great importance her highness had adjourned this court till thursday next at nine of the clock in the forenoon . which done , the members of this house did forthwith rise and depart without reading any bill at all , by reason of the adjournment , taking the same to extend as well to this house as to the said upper house ; but were mistaken , as upon the next morning further afterwards appeared upon advertisement of the said lord keeper to mr. speaker , that the said adjournment did only tend to the said upper house , and not to this house . nota , that in the last foregoing parliament de anno & . reginae eliz. anno domini . the house of commons upon a like mistake , which happened chiefly through the negligence of christopher yelverton serjeant at law their speaker at that time , was adjourned , upon thursday the th day of october unto saturday following being the th day of november in anno praedicto , where this said matter was fully handled by a large animadversion upon it , ut vide ibidem . nota also , that the passages of these two foregoing days are more orderly and copiously set down in the original journal-book of the house of commons than usual , and are therefore wholly inserted out of it , with the addition and alteration only of some few matters of course . on saturday the th day of october m r francis bacon , returned into this present parliament one of the burgesses for the borough of ipswich in the county of suffolk , and also for the borough of st. albans in the county of hartford , shewed unto this house that he maketh choice to stand for the said borough of ipswich . whereupon it was ordered by this house , that a warrant be made to the clerk of the crown-office in the chancery for the awarding of a new writ for returning of another burgess for the said borough of s t albans in lieu and stead of the said m r francis bacon . m r george goring , one of the burgesses for the borough of lewes in the county of sussex , shewed on the behalf of m r goddard pemberton returned into this present parliament a burgess for the sasd borough of lewes , and also for the borough of peterborough in the county of northampton , that the said mr. pemberton maketh choice to stand for the said borough of peterborough : it is thereupon ordered by this house that a warrant be made to the clerk of the crown-office in the chancery for the awarding of a new writ for the chusing and returning of another burgess for the said borough of lewes in lieu and stead of the said m r goddard pemberton . a committee was appointed to travel in the examination of such returns and matters of priviledge as shall happen questionable in this house during this present sessions of parliament , and to report their proceedings therein unto this house from time to time for the further resolution of this house to be had in the same accordingly , viz. all the privy-council being members of this house , m r thomas knivet , m r attornies of the dutchy and court of wards , sir francis hastings , sir robert wroth , m r michael stanhop , m r francis bacon , sir edward hobbie , m r sollicitor , m r george moore , m r peake , m r serjeant heyle , m r leife , m r jerom horsey , m r henry hubberd , sir walter raleigh , sir robert knolls , sir edward stafford , m r henry maynard , m r snigg , m r oldworth , m r boyse , m r wiseman , m r lake , m r john hare , m r serjeant harris , sir richard knightley , m r francis fortescue , mr. robert wingfield and mr. william coke , who were appointed to meet upon thursday next in the afternoon in the court of wards ; and the note of the committees names was delivered to sir edward hobbie . the bill for the strengthening of certain grants made for the maintenance and government of certain hospitals in london , was read the first time . the bill also against excessive and common drunkenness had its first reading . on monday the second day of november , two bills had each of them one reading ; of which the second being the bill to preserve the breed of horses , and to avoid the common stealing of them , was read the first time . after which divers speeches were made , which are transcribed out of the abovesaid private journal . sir edward hobbie made a speech for the abridging of penal laws , which he said were like thorns that did prick , but did yield no fruit ; and that they being not looked unto , it bred in us an alteration in manners : and therefore the proverb must needs be fulfilled morum mutatio mutationem legum requirit . times are not as they have been , and therefore the necessity of time makes a necessity of alteration of laws , with many other circumstances touching the shortness of statutes , and commending the proceeding of former ages , he concluded with a desire of a committee . which speech was seconded by m r serjeant harris , who said that in the th year of the queen the like motion had been made , and that then by reason of the shortness of the time and suddain ending of the parliament , nothing was done therein : notwithstanding he said , that now this motion being so happily made , and that then by reason of the shortness of the time nothing was done , he thought it fit for a committee . he was seconded again by m r wiseman of lincolns-inn , who was of the same mind , and said , that divers particular laws of his knowledge were now both needless to be performed , as also dangerous to the subject by reason of the penalties . whereupon the house agreed that the said bill should be committed , and committees were nominated ( which are inserted out of the orinal journal-book it self ) viz. all the privy council being members of this house , m r d r caesar , master of requests , sir edward hobbie , m r wiseman , m r d r crompton , m r d r perkins , m r d r dunn , the knights and citizens for london , the knights and citizens for norwich , sir walter raleigh , m r tanfield , m r francis bacon , m r robert wingfield , sir robert wroth , sir george moore , sir moile finch , sir john harrington , sir thomas leighton , m r snigg , m r phillipps , m r winch , mr. tho. culpepper , mr. hide , mr. oldsworth , mr. maynard , the lord howard , sir richard knightley , sir robert carey , the lord clinton , mr. dale , mr. william lane , mr. michael stanhop , mr. warcop , sir henry nevil , sir arthur george , sir edward hungerford , sir william strowde , sir william courtney , mr. john egerton , mr. dr. james , sir crew rawleigh , mr. boyse , sir henry brunker and sir thomas gerrard , who were appointed to meet in the exchequer chamber upon friday next in the afternoon . the bill for the explanation of such statutes as touch leases to be made by archbishops and bishops , was read the first time . monition was this day given by mr. speaker unto the members of this house ; that they would forbear from henceforth to come into this house with their spurs on , in regard it is very offensive to many others of the residue of them . thus far out of the original book it self . others also ( although nothing were done therein ) moved to have boots and rapiers taken away , as is set down in the above mentioned private journal . on tuesday the d day of november , upon a motion made by mr. speaker on the behalf of mr. fulk onslow the clerk of this house , for that it hath pleased god to visit him with an ague , that it would please this house to vouchsafe their allowance unto cadwallader tydder his servant to execute the place in his absence as deputy unto the said mr. onslow , until it shall please god to restore him to health . which was willingly assented unto by the whole house , and by order of the whole house the said tydder took the oath of supremacy . nota , that there was a like precedent in the second meeting of the parliament ( after an adjournment thereof ) in anno & . regin . eliz. an. dom. . when upon the like motion of the speaker on wednesday the th day of february , william onslow kinsman of the said mr. fulk onslow , being at that time a member of the house of commons , was during his sickness allowed by the said house to exercise and supply the place of clerk thereof as at this present time cadwallader tydder servant to the said mr. fulk onslow was licensed to supply the same . six bills of no great moment had each of them one reading ; of which the last being the bill for the better preserving the breed of horses , and to avoid the common stealing of them , was upon the second reading committed unto sir edward hobbie , sir robert wroth , mr. walter cope , mr. fulk grevil , mr. hide and others , who were appointed to meet on monday next in the exchequer chamber at two of the clock in the afternoon ; and the bill and committees names were delivered to sir robert wroth. the bill to reform the abuses in inns , victualling-houses , &c. was read the second time , and being put to the question for committing , was upon the question refused to be committed . upon a motion made by mr. leife , that whereas many members of this house , which could not come to the upper house upon the first day of this parliament ( the door being kept shut ) to hear her majesties pleasure signified by the mouth of the lord keeper , of the causes of her majesties calling of this parliament , they might in some sort be satisfied of the same , he putteth mr. comptroller in mind of his honours promise to relate the same unto them . who thereupon desired mr. secretary cecil ( because he the said mr. comptroller was not there himself ) to make the same relation ; which the said mr. secretary doing at large , the chief intent and scope thereof appeared to aim at the setting forth of two things especially , the first the danger the kingdom stood in , in respect of the power and malice of the spaniard : the second that timely provision of treasure might be made for the prevention . thus far out of the original journal-book it self . m r secretary cecil's speech , which followeth , being spoken after that he had repeated the lord keepers speech , is inserted out of the beforecited private journal of the house , in manner and form following . for my own advice touching the particular counsels of this house , i wish that we would not trouble our selves with any fantastick speeches or idle bills , but rather such as be for the general good , both light in conception , and facile in execution . now seeing it hath pleased you all hitherto with patience to hear me , if with your favour i may particularize and show the grounds of the former delivered speech touching the state of ireland , i shall be very glad both for my own discharge and for your satisfaction . the king of spain having quit himself of france by a base and servile peace , forgetteth not to follow the objects of his fathers ambition , england and the low-countries . he hath made overtures of peace , which if they might both be honourable and for the publick good , i hold him neither a wise nor an honest man would impugn them . he hath put an army into ireland , the number four thousand souldiers , under the conduct of a valiant , expert and hardy captain ; who chooseth rather than return into his own country without any famous enterprize , to live and dy in this service . these four thousand are three parts natural spaniards , and of his best expert souldiers , except them of the low-countries : those he could not spare , because of his enterprize of ostend . and how dangerous the loss of that town would be to this land , i think there is no man of experience but can witness with me ; for he would easily be master of all that coast , so that the trade betwen england and the low-countries would be quite dissolved ; yea he would be so dangerous a neighbour to us , that we which are now tenants by discretion are likely shortly to be tenants by the courtesy . when he is our neighbour of the low-countries , what neighbour hath spain to whom he shall not be troublesome . i will shew you further what besides this he hath done , and how eagle-eyed he is continually over us ; to resist the turks attempts , he hath sent ten thousand men ; to the low-countries nine thousand ; in an enterprize of his own against the turk he hath sent ..... which being dispatched , those souldiers shall return against the next spring and second these four thousand men . now in the enterprize for ireland , to resist those attempts in being , and the ensuing provisions against us , let us consider the certainty of our estate in ireland ; we have there an army , and nothing but an army , fed even out of england , with what charge it brings to the queen , what trouble to the subject , what danger it is to them there left if the provision should fail , what hurt to the common-wealth by making things at a higher rate than otherwise they would be , i refer it to your wisdoms to imagine . over this , i assure you , it is beyond all precedent and conjecture , his presence and cause of war there , is to defend the catholick cause , i mean , to tear her majesties subjects from her ; for i may say she hath no catholick obedient subject there , because she standeth excommunicate at this present by force of two bulls of this popes , by which the subjects are absolved of their obedience . that you do only remember you do it pro aris & focis ; yea we do it for a prince that desireth not to draw any thing extraordinary out of the coffers of her subjects . she selleth her land to defend us , she supporteth all the neighbouring princes to gain their amities and establish our long peace ; not these five , or seven , or ten years , but forty three years for all our prosperities . i hope i shall not see her funeral upon which may be written , hîc solùm restat victrix orientis . and i pray god i may not . what we freely give unto her , she living bestows it to our good , and dying doubtless will leave it for our profit . thus have i out of mine own genius for mine own part delivered unto you what i know . and touching that i have spoken in performing your commandment , i will take no thanks from you for my pains , for no man cares with less affection to speak in this assembly , or desireth to gratifie any particular member of this house more than my self . mr. george moore moved , that whereas the lord keepers oration was , that the greatest matters should be handled in the beginning of the parliament , a committee might be chosen to certifie the house what those matters were , that order might be taken accordingly . thus far out of the aforesaid private journal of the house of commons . the committees names who were appointed upon the aforesaid motion of mr. george moore to consider what those weighty matters were , which had likewise in part been touched in mr. secretary cecills speech immediately foregoing , do now also follow out of the original book it self , which were these , all the privy-council being members of this house , the knights of the shires , the barons of the cinque ports , the knights and citizens for london and york , sir thomas egerton , mr. sollicitor , sir edward stanhop , mr. serjeant heile , mr. serjeant harris , mr. henry brunker , mr. glastock , mr. leonard , sir william harvy , mr. henry hubberd , sir william strowde , the burgesses of totnesse , mr. hide , mr. winch , sir richard knightly , sir richard hampden , my lord howard of effingham , sir francis darcy , sir robert crosse , mr. tyne , the citizens for norwich , mr. francis bacon , sir edward hobbie , mr. doctor caesar , mr. newdigate , mr. philipps , mr. robert wingfield , mr. maynard , the citizens for bristoll , sir matthew brown , mr. jones for hereford , mr. francis moore , mr. mountague , sir moile finch , mr. edward barker , sir john egerton , mr. boice , mr. lake , mr. cope and mr. richard warberton , who were appointed to meet in this house upon saturday next at two of the clock in the afternoon . vide december . saturday postea . on wednesday the th day of november , the bill for the better keeping of the sabbath day , was upon the second reading committed unto sir george moore , sir william wray and divers others , who were appointed to meet this afternoon in the middle-temple hall at two of the clock . thus far out of the original journal-book of the house of commons , the rest that follows touching the election of sir andrew nowell to be one of the knights for rutlandshire , being at the same time sheriff of the said county , being but briefly and imperfectly set down , is therefore supplied out of the said private journal of the house of commons . mr. serjeant harris moved the house , that in respect great danger and inconvenience might grow by the want of any one particular member of this house , therefore he thought good to certifie the want of a knight for rutlandshire ; for he said , that sir andrew nowell being sheriff of the county had returned himself jointly with sir john harrington to be knight , which he took in law to be a void return , because it is against the express words of the writ , which are , ita quod neque tu neque aliquis alius vicecomes alterius comitatus eligatur , &c. which he thought good to move the house in referring it to their considerations ; and prayeth that the record may be sent for from the clerk of the crown ; for saith he , we know in law , that a man cannot make an indenture to himself and the county , for there are required two persons . to which sir edward hobbie replied , that notwithstanding this , the house might well receive him . and he vouched a precedent in the th of this queen , when a writ was directed to the bayliffs of southwark to return burgesses , and they returned themselves and were received . but if we do not receive him , another question will grow , whether a new warrant must go from the speaker to elect a new knight , or from the clerk of the crown . to which it was agreed per omnes , that from the speaker . then mr. wiseman of lincolns-inn stood up and shewed the necessity of having all our members , because otherwise the body is but maimed ; as also how dangerous a precedent this would be if it might pass with the applause of this house ; and lastly , the reason of putting in the aforesaid special words in the writ , because it must be necessarily intended , that they being so great officers , having so great a charge , and their presence in their countries so requisite , should not be returned . besides , for that time they be the chief men of the shire , freeholders peradventure for favour sake would rather chuse him than men far more sufficient for that place . mr. carey moved , whether if it were with his will , he should be punished by fine or otherwise . sir john harrington said , of his own knowledge he knew him to be very unwilling : but the freeholders made answer they would have none other . mr. speaker said , it could not be intended against his will , for his hand is to the indenture ; but he moved whether it should be intended that this sir anthony nowell were una & eadem persona , or no ; and though it were , yet whether they could take notice thereof , not being certified out of the chancery . to which all the house said , there was no other of the name . then mr. comptroller stood up and moved , that in respect the return was joint , and that they did disallow sir anthony nowell , he desired to be resolved of the learned masters of the law in this house , whether all the return were insufficient , and so sir john harrington to be excluded . to which all the whole house said no. mr. serjeant harris said no , because the said warrant is affirmative to chuse any but the sheriff , who is excepted by special words ; so that the return of the other is warranted , but that of himself is void . sir edward hobbie answered and said , nay then mr. serjeant , if you stand on that , i think there are few knights in this house lawfully chosen , for the words of the writ and statute are , that he must be commorant within the county , which but few are . to which not one word was answered . and that clause was hushed up . mr. speaker said , well , i will put it to the question , which shall be twofold , one whether the return be void , the other whether a new warrant shall be sent forth . to which being twice moved , all cryed i , i , i ; not one man said no. sir edward hobbie said , mr. speaker the warrant must go from your self , for in the twenty seventh year of this queen , when parrie was burgess for queenborough a new election was made , and the warrant was sent from the speaker . nota , that this resolution of the house is directly contrary to a former precedent agreed on in the house of commons upon friday the th day of february in the parliament de an. xxxi o regin . eliz. anno dom. , . where mr. s t poole being both knight for the county of lincoln and sheriff of the same also , was notwithstanding allowed to retain his place in the said house as a member thereof , and had only licence given unto him to depart into the said county about the business of his said sheriffwick , in no other form or manner than is vouchsafed of course to the members of the said house upon any urgent occasions by them alledged , requiring their absence for some time , be it longer or shorter . where other precedents also to this purpose are vouched , and yet perhaps both the said precedents may stand good and be reconciled , with this difference , that where any man is first sheriff of some county and then elected a knight of the same , or a citizen , burgess or baron of any city , borough or cinque-port of the same , that in this case his election is void , because it must of necessity follow , as in this case of sir andrew nowell it did , that he must return himself , which cannot be good in law. but where a man is first elected a member of the house of commons , be it knight , citizen , burgess or baron , and is afterwards made sheriff of some county , here his first election standeth good , as it should seem also it doth , although he may be first made a sheriff of some county , and be afterwards elected a knight , citizen , burgess or baron of and in some other shire or county . and the reason of all is plain , in respect , that in all these latter cases his return cannot be made by himself , but by the sheriff of the county where he is chosen . this only holds good in the case of knight of the shire . the bill for explanation of such statutes as touch leases to be made by archbishops and bishops , was read the second time and rejected , after mr. boise had spoken to it as followeth . to which only mr. boise stood up and said , that this act would be prejudicial to the bishop present and the successor , to their servants and to the bishops own farmers and tenants ; to the bishop present , in the maintenance of his estate which cometh only by continual fines , which if they be taken away , then are they not able to maintain that hospitality , and keep that retinue either belonging to their place or answerable to their living . for consider the revenue of the greatest bithoprick in england , it is but two thousand two hundred pounds , whereof he payeth for annual subsidies to the queen five hundred pounds . and what damage we shall do both to him and his successor herein , his revenue being so beneficial to her majesty , i refer to all your judgments . to the successor it must needs be more hurtful ; for when he first cometh in , he payeth first-fruits , and yet is not allowed to make his benefit by fines , which all bishops farmers are content to do , so that he is cast one whole annual value behind hand , and perhaps hath no power neither to make leases in twelve or sixteen years . this , mr. speaker , will induce the ministers of the word not to seek bishopricks , whereby we may bring the clergy both to poverty and contempt , from which they have ever been carefully defended and provided for even by the most antient statutes and laws of this land now extant . hurtful it is to their servants ( for this may be every mans case ) we know very many good gentlemens sons serve bishops , and how can they reward their long and faithful services , but only by means of granting over of these fines or some other means out of their spiritual function ? but this act is good for the courtier ; but i may speak no more of that point . lastly , mr. speaker , my self am farmer to a bishop and i speak this as in my own case ( on my knowledge ) to the house , that it is ordinary upon every grant after four or five years , ever 〈◊〉 and take a new lease , but i refer it to the consideration of the house to do their pleasure 〈◊〉 only this i can certifie , that i have 〈◊〉 〈◊〉 of the bill the last parliament exhibited to this purpose , which i having confer'd together with the present bill , do find them to be word for word all one . and the last was rejected . whereupon this was also ( as is before-mentioned ) rejected . thus far out of the afore-mentioned private journal , the residue of this days passages that follows are transcribed out of the original journal-book of the house of commons it self . the bill that plaintiffs in writs of error shall give good bayl , was read the second time , and committed unto mr. carie , mr. tanfield and others , who were appointed to meet upon monday next in the middle-temple hall at two of the clock in the afternoon . the bill against fraudulent administration of intestates goods was upon the second reading committed unto the last former committees in the bill for writs of error , to meet at the same time and place . the bill against excessive and common drunkenness was also read the second time and committed to the former committees in the bill for the sabbath day , and to meet in the temple-hall this afternoon . the bill touching the sowing of hemp was read the second time , and upon the question for committing was upon the division of the house , with the advantage of fifty voices ordered to be committed , viz. with the yea a hundred and three , and with the no a hundred forty two . and upon the question for the ingrossing , was ordered not to be ingrossed . the committees names for the bill of subsidy , ( whose names see on monday the second day of this instant november foregoing ) as also the committees names for penal laws , ( who were appointed on tuesday the third day of this same month foregoing ) were this day delivered to m r comptroller . the bill touching the sabbath , and the bill against drunkenness , were delivered to m r edward mountague one of the committees . on thursday the th day of november , two bills of no great moment had each of them one reading , of which the first concerning matters of assurances used amongst merchants was read the first time . sir francis hastings , one of the committees in the bill for the better keeping of the sabbath day ( whose names see on yesterday immediately foregoing ) shewed the travel of the committees , and brought in the bill with some amendments and a proviso , and prayed the reading thereof , the bill standing upon two parts , the latter part thereof not having been dealt in at all by the committees . the amendments and proviso in the bill for the better keeping of the sabbath day were twice read . and the bill it self being read for the second reading was ordered to be ingrossed . two bills also had each of them one reading ; of which the second being the bill for the suppressing of deceits in weights and measures was read the first time . upon a motion made this day a committee was appointed to consider of the statute for relief of the poor , and for continuance and explanation of statutes , &c. viz. sir robert wroth , m r philipps , sir edward hobbie , sir francis hastings , sir george moore and others , who were appointed to meet upon thursday next in the exchequer chamber at two of the clock in the afternoon . the bill for resormation of abuses in ale-houses and tipling houses was read the second time , and committed unto sir edward stanhop , m r wiseman , m r johnson , sir robert wroth , sir francis darcy , m r peake , m r edward philipps , the burgesses of newcastle and others ; and the bill was delivered to sir robert wroth , who with the rest was appointed to meet upon wednesday next in the exchequer chamber at two of the clock in the afternoon . two bills had each of them one reading ; of which the second being the bill against blasphemous swearing was read the first time . thus far out of the original journal-book of the house of commons it self ; the residue of this days passages is transcribed out of the often above mentioned private journal . m r bacon stood up to prefer a new bill and said , m r speaker , i am not of their mind that bring their bills into this house obscurely , by delivery only to your self or to the clerk , delighting to have the bill to be incerto authore , as though they were either ashamed of their own work or afraid to father their own children ; but i , m r speaker , have a bill here , which i know i shall no sooner be ready to offer , but you will be ready to receive and approve . i liken this bill to that sentence of the poet who set this as a paradox in the fore-front of his book , first water , then gold , preferring necessity before pleasure . and i am of the same opinion , that things necessary in use are better than those things which are glorious in estimation . this m r speaker , is no bill of state nor of novelty , like a stately gallery for pleasure , but neither to dine in nor sleep in ; but this bill is a bill of repose , of quiet , of profit , of true and just dealings ; the title whereof is , an act for the better suppressing of abuses in weights and measures . we have turned out divers bills without disputation : and for a house of wisdom and gravity as this is , to bandy bills like balls , and to be silent as if no body were of councel with the common-wealth , is unfitting in my understanding for the state thereof . i 'le tell you m r speaker , out of mine own experience , that i have learned and observed , having had causes of this nature referred to my report ; that this fault of using false weights and measures is grown so intolerable and common , that if you would build churches , you shall not need for battlements and bells , other than false weights of lead and brass . and because i would observe the advice given in the beginning of this parliament that we should make no new laws ; i have only made this bill a confirmation of the statute of the th of hen. the th with a few additions , to which i will speak at the passing of the bill , and shew the reasons of every particular clause , the whole being a revival of a former statute : for i take it far better to scowre a stream , than to turn a stream . and the first clause is , that it is to extend to the principality of wales , to constrain them to have the like measures and weights to us in england . sir robert cecill moved the house to have their opinions , in that there wanted a chief member , viz. a knight of denbigh shire . and he said , i am to certify the house thus much , in respect of some disorder committed there touching the election by sir richard trevor and sir john fludd , to which sir john salisbury is a party , the sheriff could not proceed in election . for mine own part i think it fit that m r speaker should attend my lord keeper therein ( quod nota , attend ) if it please you , you shall hear the letter which was read , and the contents thereof was , that on the one and twentieth day of october at he hept the county day , and there being quietly chusing the knights for the shire , a cry came suddainly that sir richard trevor and sir john fludd on the one part , and sir john salisbury on the other , were a fighting , and all their companies were ready to do the like . whereupon presently i went to the church-yard where they were , and there i found both parties with their swords drawn ready , but with much a do pacified them both ; and fearing lest by drawing such a multitude together , there might great danger and blood-shed happen , i made proclamation that every man should depart . by means whereof i did not execute her majesties writ as i thought to have done , rather chusing to adventure your honours censures herein , than to hazard so great a blood-shed . subscribed , your honours most humbly at commandment , owen vaughan . also mr. secretary said there was a schedule annext to the letter which had some matters of importance not fit to be read ; yet if it please the house to command it , they should . whereupon all cried no no. sir edward hobbie answered , methinks under favour , the motion mr. secretary made is good , but the form therein ( i speak with all reverence ) not fitting the state of this house . for he said , m r speaker shall attend my lord keeper . attend ? it is well known that the speaker of the house is the mouth of the whole realm ; and that the whole state of the commonalty of a kingdom should attend one person ; i see no reason . i refer it to the consideration of the house : only this proposition i hold , that our speaker is to be commanded by none , neither to attend any , but the queen only . m r johnson said , the speaker might ex officio send a warrant to the clerk of the crown who is to certify the lord keeper , and so to make a new warrant . sir edward hobbie said , that for election of burgesles he had seen half a score yesterday with sir john puckerings hand , when he was speaker . m r speaker said , i may inform you of the order of the house , that a warrant must go from the speaker to the clerk of the crown , who is to inform the lord keeper , and then to make a new writ . m r secretary cecill said , i should be very sorry to detract from any particular member of this house , much more from the general state ; my meaning was mistaken and my words misconstrued , yet both in substance agreeing with m r speaker . post meridiem . at the committee held this afternoon touching returns and matters of priviledge ( who had been appointed on saturday the . day of october foregoing ) there were shewed divers precedents to prove that the warrant to be directed to the clerk of the crown for a writ to be sent out for a new election of any member of the house , ought to be directed from the speaker , which said precedents were as followeth , viz. in anno . reginae eliz. anno domini . th decembris , valentine dale master of the requests was returned burgess for chichester and also for hindon , but he chose chichester ; and john puckering speaker directed his warrant to the clerk of the crown to send a writ to make a new election in hindon , which bare date the th of december , six days after eliz. secondly , in anno o regin . eliz. anno domini . o decembr . the writ bearing teste february for the same matter , in which the stile of the house is , knights , citizens , burgesses and barons , quod nota . thirdly , anno praedicto regin . ejusdem anno domini . febr. when parry being burgess of quecnborough in kent was attainted of treason , a warrant was directed to the clerk of the crown to make a new writ dated the th day of february aforesaid , in which warrant under the speakers own hand was inserted a reason to this effect , viz. because the said parry is disabled by reason of his attainder . fourthly , in an o xxvii o praedict . regin . eliz. anno dom. . novembr . thomas bodley was elected burgess of portsmouth and also baron for one of the cinque-ports , viz. hieth , but he took portsmouth and refused the other ; whereupon a warrant was directed as abovesaid , but no teste of the writ was there . fifthly , th january . alexander pine esq chosen burgess for taunton being deceased , a new writ was made . the writ bare teste th january . sixthly , o decembr . anno domini . john puckering being speaker was chosen for bedford and caermarthen , and chose bedford , whereupon a warrant was made to the clerk of the crown for a new writ , which bare date the th day of december anno xxvii o regin . eliz. all which warrants were signed by the speaker john puckering . for the matter between doctor awbrey doctor of the civil law , and mr. william delabarr barrester of the common law of lincolns inn touching the burgessship of cardigan in wales , the cause stood thus . cardigan hath been by antient precedents ever since the first year of queen elizabeth a burgess town , and ever the return of the indenture hath been for cardigan only . now this parliament , the sheriff of the shire favouring a town called aberystwith , after he received the parliament writ , sent his warrants to the bayliffs of aberystwith to chuse a burgess , &c. who chose a burgess , viz. doctor awbrey , and return'd him burgess for cardigan and aberystwith , and shewed in the indenture the election to be made by both towns ; and the indenture was signed with the sheriffs hand . on the other side the bayliffs of cardigan understanding the writ to be come to the sheriff , took notice thereof , and without warrant from the sheriff made an indenture and election of william delabarr , and sent the same in a letter to him . m r delabarr sought the sheriff or his deputy in london to deliver the indenture of cardigan , but not finding him , delivered the same to the clerk of the crown , paid his fees , was sworn and admitted into the house till this present day . now at this committee for priviledges dr. awbrey came to complain ; the committees found upon examination of the matter , that the county court was as well kept at aberystwith as at cardigan , alternis vicibus , and that the county court was to be kept this time at aberystwith . so when they went to the conference both awbrey and delabarr were desired to depart forth . and upon consultation these questions arose ; first , whether the house have power to fine the sheriff , because according to the statute , he sent not his warrant to cardigan ; next , if he be punishable by the penalty of the statute ; also if he have pursued his authority in making his election in aberystwith . which are left with divers other doubts to the discussing of the house the next day , and to the report of sir edward hobbie or mr. sollicitor . also in the twenty third of elizabeth a warrant to the town of hull from the speaker popham ( now lord chief justice , being then speaker . ) sir edward hobbie at this committee said , awbrey and delabarr , the one a civil , the other a common lawyer ; that he might say to them as the duke of millain said of the thief , it is no matter , whether goes first , the hangman or the thief . the town of harwich in essex and newtown in the county of southampton have returned burgesses this parliament , which they never did before . thus far out of the aforesaid private journal . the ensuing days passages do follow out of the original book it self . on friday the th day of november , three bills of no great moment had each of them one reading ; of which the last being the bill to avoid divers misdemeanors in base and idle persons , was read the first time . mr. dr. james being a committee in the bill against drunkenness , which was committed on wednesday the th day of this instant november foregoing , declared the meeting and travel of the committees and their framing of a new bill to that purpose , and so delivered in both the old and the new bill . three bills also had each of them one reading ; of which the last being the bill for the better keeping of the sabbath day was read the third time and ordered to be referr'd to the former committees ( whose names see on wednesday the th day of this instant november foregoing ) for the framing of a new bill ; and sir robert wroth , mr. sollicitor , mr. wingfield , mr. glascock , mr. henshaw , mr. johnson and sir william wray were added to the said former committees , to meet this day in the afternoon at two of the clock in the exchequer chamber . two bills lastly of no great moment had each of them one reading ; of which the first being the bill against false returns , and not returning writs by warrant by sheriffs and bayliffs , was read the third time and dashed upon the question . on saturday the th day of november , the bill that the lord marquess of winchester may dispose of his lands whereof he is tenant in tail as other tenants in tail by the laws and statutes of the realm may do , a private statute made henr. . to the contrary notwithstanding , and for confirmation of a partition heretofore had before the late lord marquess of winchester deceased , and the now lord mountjoy , by vertue of a statute made in the last parliament , was read the first time . the bill for the better setting of watches was read the second time and committed unto sir george moore , sir robert wroth , the knights and citizens for london and westminster , m r wiseman and others , who were appointed to meet upon thursday next at two of the clock in the afternoon in the middle-temple hall. the committees for returns and priviledges ( whose names see on saturday the th of october foregoing ) were appointed to meet upon wednesday next . the bill to avoid divers misdemeanors in base and idle persons was upon the second reading committed unto the last former committee in the bill for setting of watches , and m r johnson was added unto them ; and the bill was delivered unto sir robert wroth one of the same committee , and m r serjeant harris to be exempted out of the committee , because he spake against the body of the bill , according to the antient order in parliament . the bill against drunkards and common haunters of alehouses and taverns was read the second time and committed to the former committees for the sabbath ( whose names see before on wednesday the th day of this instant november foregoing ) and to the committees for drunkenness ( who were appointed on the said th day of november ) and there were added unto them m r francis darcy and m r francis moore , who were appointed to meet upon friday next at two of the clock in the afternoon at the middle-temple hall. the bill for suppressing of deceits used in weights and measures was read the second time , and upon the question for ingrossing , dashed . upon a motion made by sir edward hobbie a member of this house , that where one ..... woodall , servant and attendant upon william coke esq return'd into this present parliament one of the burgesses for westminster , was yesterday arrested at the suit of one robinson citizen of london , upon a bill of middlesex , and committed into newgate , london , to the great indignity and contempt of the priviledges and liberties of this house , that the serjeant of this house should be presently sent into newgate to bring the said woodall now prisoner there unto this house this present forenoon , sitting the court. and after some short space of time he was accordingly brought into this house from newgate ; and being at the bar with his keeper attending upon him , he was by order of this house discharged from his said keeper and from his said imprisonment , and delivered unto his said master , to bring him again upon monday next unto this house ; with further order unto the serjeant , to bring or cause the said robinson to come into this house upon monday next to answer the said contempt , and to abide the further order and resolution of this house therein accordingly . upon a motion made by sir francis hastings a member of this house , complaining of some abuse offered unto him and sundry other the members of this house yesterday , by the lewd misdemeanors of pages and other unruly persons upon the outer stairs in the passage into this house , shewed , that he then seeing the said disorders , thought it fit to lay hold of one of that disordered company , such a one as he could , and so apprehended one rowland kendall as an agent in these misdemeanors , who being brought unto m r speaker , was committed prisoner to the serjeant of this house : and in the end moved , that he may be remitted upon his humble submission unto this house , and with that punishment which he hath already sustained since yesterday by imprisonment ( if this house shall so think meet ) the rather because he cannot directly charge him in the particular , but that he was amongst the said disordered company . whereupon the said kendall was brought to the bar by the serjeant , and was after his humble submission , sequestred until the house should further resolve therein . and then afterwards being brought again to the bar , upon his humble submission as aforesaid , was discharged , after admonition given unto him ( for his behaviour hereafter ) by m r speaker at large . thus far out of the original journal-book of the house of commons touching this forenoons passages ; those of the afternoon are transcribed out of the often mentioned private journal . post meridiem . in the afternoon the same day at the committee in the house touching the subsidy , sir walter raleigh moved the house to consider to what intent they came together , and now in their coming what was to be considered . for the subsidy and the manner and quality thereof i will now only intimate thus much unto you , that the last parliament , only three subsidies were granted , upon fear that the spaniards were coming ; but we see now they are come , and have set foot even in the queens territories already , and therefore are the more of us to be respected and regarded . and seeing the sale of her highness's own jewels , the great loans the subjects have lent her , yet unpaid , the continual selling of her lands and decaying of her revenues , the sparing ever out of her own purse and apparel for our sakes will not serve , but yet she must be fain to call her court of parliament for our advice and aid in this case , i wish for my own part ( as a particular member of this common-wealth ) that we may not do less than we did before ; and that we also would bountifully according to our estates , contribute to the necessity of her majesty , as now it standeth . m r wiseman after a discreet and judicious speech made touching gods protecting us for religion sake or peace and quietness , the safety of her majesties person , the great victories we have had , the greatness of neighbouring princes raised only by her majesty , so that she hath spent , as it was said by sir walter raleigh , so much , that now she is fain to desire the help of her subjects ; let us therefore draw to some head and leave our orations and speeches fitter for a parliament than for a committee . we are to consider only what is fit to be given ; and as for my part as a poor member and one of the meanest in this house , i will be bold to deliver mine opinion first , because some must break the ice . three pound land and under to pay two shillings eight pence in the pound , and five pound goods and under to pay one shilling eight pence in the pound , and double tenths and fifteenths assoon as may be . although i may seem over bold , being but a rural and countryman , to speak even out of my element in this case ; yet i do heartily crave pardon of all , beseeching that neither my unaptness or disorder of speech , nor the unworthyness of my person may prejudice the cause . sir robert wroth , that four pound land full subsidy , and six pound goods full subsidy might be paid to her majesty . sir francis hastings moved , that three pound men might be exempted , and all others above that rate to pay according to the rate to make up a full subsidy . m r philipps moved , that the four pound men might be exempted , and four subsidies received from the rich , which should be termed a contribution , because it might make no innovation . sir walter raleigh said , if all pay alike , none will be agreived ; if any be exempted , doubtless it will breed much grief , and the feeling will be great to those three pound men that will feel any thing , but it will be nothing to them that know any thing . sir edward hobbie said , we cannot hear you speak out , you should speak standing that so the house might the better hear you . so sir walter raleigh said that being a committee , he might speak either sitting or standing , and so repeated over again the former speech . m r secretary cecill said , because it is an argument of more reverence , i chose to speak standing . as long as the queen by the advice of her council did find means to spare you , so long she ever desired that her subjects might not be charged : but if her majesty assoon as the last subsidy had been spent , should have again resorted unto you , i do assure you this parliament had been called in october last . now if upon providence and foresight , you did contribute unto her majesty ; much more should we now do the same , seeing a resolute company of souldiers have intrenched themselves in her majesties kingdom of ireland , and more supplies thither are daily expected . it is time to open our coffers , that we may obviate in the beginning these few forces of the spaniards , lest growing to greater forces we cannot expel them with less than five hundred thousand pound , which we may now do with one hundred thousand in present . if there be any that sits next the door that desires to sit next the chair to give his opinion , i will not only give him my place , but thank him to take my charge . this was conceived to be sir edward hobbie , who coming to sit near the chair and not giving him place , sate next the door . we that sit here , for my part , take your favours out of courtesy , not out of duty ; but to the purpose . the queen hath occasion to use , as divers in this house do know , three hundred thousand pound before easter , how this shall be raised and gathered , that 's the question ; for without this proportion of charge , neither the spaniards in ireland can be repell'd , and the wars there maintained , neither her majesties other affairs be set on foot , neither provision sufficient can be set on foot or made from defence of foreign invasions . admit with a less charge we should now expel him , will any man be so simple to think he will give over the enterprise being of so great consequence , and grow desperate ? i should think him but a man of shallow understanding and less policy . surely if we had been of that mind when he had that great overthrow of his invincible navy in eighty eight , we had been destinated to perdition . for how many changeable enterprises of puissant and great consequence hath he since made ? the like , if his forces in ireland should now fail , would he do again . and therefore that provision we now make , if he should be expell'd with a less matter , would serve to make defence against his next invasion of that kingdom , as also enrich her majesty to be ready to furnish her navy and forces the speedier for her safety . besides , if he bestow such masses of treasure for the gaining of one poor town , ostend , what will he do to gain so strong and famous a kingdom as ireland ? i will by the leave of a worthy person who sits by me , and knows these things better than i do , yield a particular account unto you of the state it self . first , the last whole subsidy after the rate of four pound lands and eight groats goods , came not to above fourscore thousand pounds ; the subsidy of the clergy twenty thousand pound , the double fifteenths threescore thousand pounds ; all which is eightscore thousand pounds . since my lord of essex's going into ireland , she hath spent three hundred thousand pound . so the queen is behind one hundred and forty thousand pound . thus we refer the matter to your judicious consideration : we only shew you the present state of the queen and her affairs , wishing no man to look that we should give advice what is to be done , as though you your selves who are the wisdom of the land , could neither direct your selves , nor upon these reasons alledged judge of the necessity of the state. m r comptroller , sir john fortescue and secretary herbert spake all to the like effect ; only sir john fortescue added this , that what pleased the house in the name of the subsidy to bestow the same , her majesty did and would ever imploy to their uses ; so that dying , it might be written on her tomb , quòd occupatus vixit , so that she dying liveth still imploying all to the safety of her subjects . and i beseech you remember , that the great turk when he conquered constantinople found therein three hundred millions of gold ; if they , quoth he , had bestowed three millions in defence of their city , he could never have gotten it . from this blindness i pray god defend us , that we may not be backward to give four subsidies to her majesty , for want whereof in time we may happen to lose that which will not be recovered or defended with a hundred . so after a few other conferences and speeches pro & con , it was concluded , that the house should be certified of the proceeding on monday , and by general consent the three pound men to be included . and so the house about six of the clock it being dark night , rose confusedly , and would sit no longer . vide concerning this matter on saturday the th of december postea . note , that m r maynard by consent of the whole house sate in the chair as clerk to register the order of this committee , who wrote at the least two sheets of paper . by consent also he was licensed to put on his hat. thus far out of the aforesaid private journal ; we now return to the original journal-book it self . on monday the th day of november , the bill for the strengthening of the grants made for the maintenance and government of the house of the poor called s t bartholomews hospital of the foundation of king henry the eighth , according to a covenant made by the said king , was read the first time . two bills also had each of them their first reading ; of which the second was the bill for the benefit of merchants and advancement of her majesties customs and subsidies both inward and outward . the bill for reformation of certain abuses concerning process and pleadings in the court of exchequer upon supposals without just grounds in the office of the treasurers remembrancer , was read the second time and committed unto all the privy-council being members of this house , the queens learned councel members also of this house , sir robert wroth , sir edward hobbie , m r philipps and others , who were appointed to meet to morrow in the afternoon in the exchequer chamber at two of the clock ; and the bill and committees names was delivered unto m r chancellor of the exchequer one of the committees . the committees for continuance of statutes , ( who were appointed on thursday the th day of this instant november foregoing ) were deferr'd until thursday next in the afternoon . thus far of this days passages out of the original journal-book of the house of commons ; what follows is out of the private journal . heyward 〈◊〉 esq did this day prefer a bill against the multitude of common sollicitors , and at the same time spake as followeth . may it please you , m r speaker , it was well said by a worthy member of this house m r francis bacon , that every man is bound to help the common-wealth the best he may ; much more is every man in his particular bound , being a member of this house , if he knew any dangerous enormity towards the common-wealth , not only to open it , but if it may be , oppose it . we being all here within these walls together may be likened to a jury close shut up in a chamber ; every man there upon his oath , and every man here upon his conscience , being the grand jurymen of the land , bound to deal both truly and plainly . herewith ( though a most unworthy and least sufficient member of this house ) my self being touched , i had rather adventure my credit by speaking though confusedly , than to stretch my conscience ( knowing so great a mischief and inconvenience unto this kingdom ) by silence in so pleasing a cause as i do perswade my self this bill will be to every man that hears it . to which m r speaker , because i may have benefit of speech if occasion serve , at the second reading thereof , i will not speak more at this present , but only touching the very tract of the bill it self . the honourable personage , that in the upper house in the beginning of this parliament , spake against the lewd abuses of prolling sollicitors and their great multitude , who set dissension betwixt man and man , like a snake cut in pieces crawl together to join themselves again to stir up evil spirits of dissension ; he i say advised us , that a law might be made to repress them ; i have observed that no man in this parliament ever offered to prefer any such bill to this house , but sure i am no man spake to this purpose . i have therefore m r speaker , presumed out of my young experience , because i know part of their abuses , and with that small portion of learning that i have , to draw a bill , and here it is . the title is thus : an act to repress the multitude of common sollicitors . the body of the act disableth all persons to sollicit any cause other than their own . there are excepted and fore-prized four several sorts , lawyers and attornies in their own courts ; where they be sworn servants in livery , and kinsmen within the fourth degree of consanguinity . and no man within this kingdom but may find a fitting and convenient sollicitor within these four degrees . and i humbly pray , it being so short , that the bill may be read and received . m r secretary cecill spake touching the subsidy as followeth , viz. when it was the good pleasure of this house to give order to the committees to consider the common danger of the realm , in which not only every member of this house but every man in the kingdom is interested , it liked the committees after their resolution to chuse one among all to give account of their proceedings , and that is my self . i do know it were the safest way for a mans memory to deliver the last resolution without any precedent argument ; for rare is the assembly in which there is not some variety of opinions . i need not recite the form , the committee by reason of so good attendance being little inferiour to our assembly at this present . yet if it be true that forma doth dare essentiam , it will be somewhat necessary for me to deliver the manner of our proceedings and the circumstances , rather than hazard the interpretation of such a resolution . the day was saturday last , the place this house , the time about four hours ; and i am of opinion , if we had all agreed upon the manner , as we did speedily upon the matter , all had been dispatcht in an hour . it seemed by the ready consent of the committees that they came not to look on one another , or like sheep one to accompany another ; but the matter was well declared by some , and at length consented unto by all . our contention bred difference , and difference cause of argument , both how to ease the state , and make this subsidy less burthensom which shall be received . some were of opinion that the three pound men should be spared , because it was to be considered they had but small portions . others were of opinion that the four pound men should give double , and the rest upwards should be higher sessed . others were of other opinions . again it was moved , whether this subsidy should go in the name of a benevolence or contribution , or whether in the name of a fourth subsidy ; but at length most voices resolved it should have the old name of a subsidy , because subsidium and auxilium are all one . the most voices concluded that there should be no exception of the three pound men , because according to their rate some were sessed under value ; besides , separation might breed emulation , suspition of partiality and confusion . the time was resolved upon . and in respect of expedition , to be by the first of february . and the whole realm when each man comes into his country will be better satisfied when they shall know they have spared no man , nor made any disjunction . it was said by a member of the house , that he knew some poor people pawn'd their pots and pans to pay the subsidy . it may be you dwell where you see and hear ; i dwell where i hear and believe . and this i know that neither pot nor pan , nor dish nor spoon , should be spared when danger is at our elbows . but he that spake this , in my conscience spake it not to hinder the subsidy , or the greatness of the gift , but to shew the poverty of some sessed , and by sparing them to yield them relief . but by no means i would have the three pound men exempted , because i do wish the king of spain might know how willing we are to sell all in defence of gods religion , our prince and country . i have read when hannibal resolved to sack rome , he dwelt in the cities adjoining , and never feared or doubted of his enterprize , till word was brought him that the maidens , ladies and women of rome sold their ear rings , jewels and all their necessaries to maintain war against him . i do take my self in duty bound to acquaint this house with the modesty of the committee at the proposition ; that where first this house never stuck to commit it , they never stuck ( understanding the reasons ) to grant it . i do perswade my self , that the bonus genius of this house did not wish a more resolved unity , than we had unity in resolution . and of this great committee it may be said , de majoribus principes consultant , de minoribus omnes . thus by your commandments have i undergone this charge , and will be ready to do the like duty whensoever you command me . then after consultation had of the great occasions , it was put to the question , whether the double tenths and fifteenths should be paid by the first day of february , viz. for this fourth subsidy before the third begin ; and that the first payment of the first three subsidies should be brought in by the th of june , viz. half a subsidy ; and all said yea , and not one no. then was a motion made by sir robert wroth , that this new subsidy might be drawn in a bill by it self , to which should be annext a preamble of the great necessities , the willingness of the subject , and that it might be no precedent ; but that would not be yielded unto . then m r speaker asked the house if they would appoint committees , so they appointed the queens councel and all the serjeants of the house and no more . m r francis moore moved that , that which was done might be compleatly done , and the subsidy gathered by commission and not by the old roll ; for peradventure some were dead , others fallen to poverty , others richer , and so deserved to be inhansed , &c. and withal he said , that the granting of this subsidy seemed to be the alpha and omega of this parliament . m r wingfield moved the honourable of the councel , members of this house , that seeing the subsidy was granted , and they yet had done nothing , it would please her majesty not to dissolve the parliament till some acts were passed . serjeant harris said , the motion of the gentleman that last spake , is not now to be discussed ; we are to speak touching the subsidy . m r francis bacon after a repetition of some of what was done yesterday , that the three pound men might not be excluded , he concluded , that it was dulcis tractus pari jugo , therefore the poor as well as the rich not to be exempted . sir walter raleigh said , i like not that the spaniards our enemies should know of our selling our pots and pans to pay subsidies ; well may you call it policy , as an honourable person alledged ; but i am sure it argues poverty in the state. and for the motion that was last made of dulcis tractus pari jugo , call you this par jugum , when a poor man pays as much as a rich , and peradventure his estate is no better than he is set at , or but little better ; when our estates that be thirty pound or forty pound in the queens books , are not the hundred part of our wealth ? therefore it is not dulcis nor pari . m r secretary cecill , that now seeing one of the weightiest matters and causes of calling this parliament was agreed upon , he doubted not but we should have both a quick parliament and speedy payment . but for that the gentleman said on my right hand , that the subsidy was the alpha and omega of this parliament , i think he spoke it not simply out of humour , but rather upon probability ; for i can assure you her majesty is as respective over you touching her laws , which she desireth may be perused and amended , that she meaneth not to dissolve this parliament till some things be amended . for that , that i said touching the spaniards knowing of our sale of our pots and pans and all we have to keep him out , which should be a matter of policy , to which the gentleman on my left hand ( sir walter raleigh ) took exceptions , i say it is true , and yet i am mistaken : i say it is good the spaniards should know how willing we are to sell our pots and pans and all we have to keep him out ; yet i do not say , it is good he should know we do sell them : that is , i would have him know our willingness to sell ( though there be no need ) but not of out poverty in selling , or of any necessity we have to sell them , which i think none will do , neither shall need to do . then all the house cryed no , no , as much as to say , no man did so . sir arthur gorge moved , that it would please the council that order might be taken that justices of the peace might be sessed according to the statute , viz. at twenty pound lands , whereas there be few justices that be above eight or ten pound by m r secretary noted in his table book . then serjeant heyle stood up and made a motion , saying : m r speaker , i marvel much that the house will stand upon granting of a subsidy , or the time of payment , when all we have is her majesties ; and she may lawfully at her pleasure take it from us ; yea she hath as much right to all our lands and goods as to any revenue of her crown . at which all the house hemm'd , and laughed and talked . well quoth serjeant heyle , all your hemming shall not put me out of countenance . so m r speaker stood up and said , it is a great disorder that this should be used ; for it is the antient use of every man to be silent when any one speaketh ; and he that is speaking should be suffered to deliver his mind without interruption . so the said serjeant proceeded , and when he had spoken a little while , the house hemm'd again , and so he sate down . in his latter speech he said , he could prove his former position by precedent in the times of henry the third , king john , king stephen , &c. which was the occasion of their hemming . m r monntague of the middle-temple said , that there were no such precedents ; and if all preambles of subsidies were looked upon , he should find it were of free gift . and although her majesty requireth this at our hands , yet it is in us to give , not in her to exact of duty . and for the precedents there be none such , but touching a tenth fleece of wooll , and a tenth sheaf of corn that was granted to edward the third at his going to the conquest of france , because all the money then in the land to be levyed by way of subsidy , would not be any way answerable to raise that great mass he desired . and so having these tenths he sold them to private men to gain that subsidy , and so raised money to himself for his enterprize . thus far out of the said private journal ; the residue of this dayes passages that follow , and those also of the day ensuing are transcribed out of the original journal-book it self of the same house . the queens learned councel and all the serjeants at law being members of the house ( after the foregoing long dispute touching the subsidy and the conclusion thereof ) are appointed by the house to draw into the form of a bill the articles agreed upon by the committees for the subsidy ; and also the days of payment agreed upon by the said house this present day ; and ordered to meet at their pleasures as often as they shall think sit from day to day and from time to time . vide plus de ista materia december . saturday postea . on tuesday the th day of november , five bills had each of them one reading ; of which the last being the bill against blasphemous swearing was read the second time and committed unto sir francis hastings , sir robert wroth , sir george moor , sir thomas leighton and others , who were appointed to meet upon saturday next in the middle-temple hall at two of the clock in the afternoon . the bill for uniting and consolidation of certain small churches in the city of exeter was read the second time and committed unto sir walter raleigh , sir francis darcie , m r sollicitor , m r serjeant heyle , m r secretary harris , all the doctors of the civil law and others , who were appointed to meet upon monday next at two of the clock in the afternoon in the middle-temple hall. robinson citizen of london was brought to the bar by the serjeant and charged by m r speaker in the name of this house with his offence in procuring to be arrested one wooddall servant attendant upon william cooke esq a member of this house , to the great contempt , indignity and prejudice of this whole house . and the members thereof : being asked what he could say for himself for his defence , answered , that he was heartily sorry for that he had given any cause of offence unto this house , most humbly craving pardon for the same ; and most confidently protested and affirmed , that he knew not , nor ever heard before the said arrest made , that the said wooddall was servant or belonging to any member of this house , but had delivered the warrant by which he was arrested , unto the officer long before the parliament began . whereupon after some speeches had therein he was by the order of this house discharged , paying his fees to the serjeant and clerk. two bills also had each of them one reading ; of which the second being the bill for the benefit of merchants and advancement of her majesties customs and subsidies both inwards and outwards , was upon the second reading committed unto all the privy-council and learned councel being members of this house , the knights and citizens of london , sir walter raleigh and others ; and the bill was delivered to m r secretary herbert , who with the rest was appointed to meet upon thursday next in the exchequer chamber at two of the clock in the afternoon , and all her majesties customers and officers appertaining to the custom-house , and other merchants to have warning to be then and there present to attend the committees . on wednesday the th day of november , m r snigg made report of the meeting of the committees and of their travel in two bills , viz. that the plaintiff in writs of error shall give good bail , brought in with some amendments and alterations ; and the other against fraudulent administration of intestates goods , without any amendments . and so delivereth them in and prayeth the reading . the amendments in the bill that the plaintiffs in writs of error shall give good bail were twice read . and also the bill against intestates goods were ordered to be ingrossed . three bills had each of them one reading ; of which the last being the bill for the inhabitants of rachdale in the county of lancaster , was read the second time and committed unto m r francis moore , m r holcroft , the knights for lancaster , m r hancock , m r beeston and others , who were appointed to meet upon wednesday next in the middle temple hall at two of the clock in the afternoon . three bills had each of them one reading ; of which the last being the bill for abbreviation of michaelmas term was read the second time ; and upon the question whether it should be committed or no , the knights and citizens of london were against it . and therefore upon the nominating of the committees it was doubted and questioned whether they could be admitted into the said committee or no. which dispute because it is omitted in the original journal-book of the house of commons , is therefore supplied out of that often before-cited private journal of the same house . sir edward hobbie spake first and said , that it was against the order of the house to admit the knights and citizens of london to be of the committee , because they had given their voice already against the body of the bill . m r secretary cecill said , i am willing to speak in two respects ; the one touching the bill it self , the other touching the controversie in the house about the commitment . touching the bill , i dare not upon my own judgment be so venturous or bold to reject this bill , unless first it might have a commitment . for the wisdom of that time when it was first instituted was so apt to look into imperfections , that doubtless if an inconvenience had been but espied , they would streight have avoided it . therefore in my opinion it is not fit for us to look into the actions of former ages , but upon mature and advised deliberation . i do therefore greatly commend the wisdom of this house in committing this bill and others of the like nature , before we reject them . for the other part , though it be a rule in the house that those against the bill should be no committees , yet in a case of so great consequence and so greatly touching the state of the city of london , there is no reason but that they may have their particular voices as committees as well as every member of this house ; neither have we reason to exclude them more than any other , especially they being chosen for the most principal city of this kingdom , which is the chamber of her majesty , whom we should the rather respect for her majesties sake , who doth and will remember their loyalty and faithfulness shewed unto her in the late dangerous action ( viz. the earl of essex's rising ) for which if ever prince had cause of thankfulness unto her subjects , doubtless her majesty is to confess as much . in my opinion therefore we should do great wrong and purchase great blame at their hands that sent them hither in trust , if in a matter of this consequence , and so particularly touching the state of this city , we should not admit them committees . m r wiseman said , that by committing of a bill the house allowed of the body thereof though they disallowed of some imperfections in the same , and therefore committed it to some chosen men of trust to reform or amend any thing therein which they found imperfect . and it is to be presumed that he that will give his no to the committing of a bill , will be wholly against the bill . and therefore the house allowing of this bill to be committed , are ( in my opinion ) to disallow any that will be against the body of the bill for being committees . m r comptroller said , he was of opinion , for the reason before alledged , that they ought to be committees , but he moved another question , whether a committee speaking against the bill at the commitment , may also speak at the ingrossing thereof in the house , and have his free voice . sir edward hobbie said , that may be resolved upon by many precedents . and for mine own opinion , i think that he that is against the body of the bill can be no committee ; and he that being a committee speaketh against the bill , may also speak hereafter in the house . mr. fulk grcvil said , that a committee was an artificial body framed out of us who are the general body ; and therefore that which is spoken at the committees , evanescit , it is gone , when the body which is the commitment is dissolved ; and then every particular committee is no more a part of the artificial body but of us the general body , when he hath his free voice as though he had never spoken before . then mr. speaker stood up and said , i will propound two questions ; the first , if when a man hath spoken against the body of the bill , he may be a committee ; the second , whether any member of this house after having been a committee in any bill , may afterwards speak in the negative part against the said bill . now , quoth he , i will propound the first question : all they that will have a man that hath been against the body of the bill to be a committee , let them shew their opinions by saying yea ; and not one said yea. all they that will not , say no ; all said no. so he did for the second question , and not one said no , but all yea. which said order and resolution was appointed by the house to be entred for a future precedent accordingly . then he put it to the question , whether they of london notwithstanding this order , in respect this commitment greatly concerneth the state of the city , should be committees . and the yeas were greater than the noes . and thereupon the said knights and citizens for london were nominated with the other committees , whose names are now here in the next place inserted out of the original journal-book of the same house in manner and form following . all the privy council and all the queens learned councel being members of the house , all the serjeants at law being of this house , sir george moore , sir thomas conisbie , sir charles cavendish , sir michael sands , sir edward hobbie , sir william wray , the knights for the twelve shires of wales , the knights for cornwall and devonshire , the burgesses for the borough towns beyond trent , the burgesses for lancaster , m r wingfield , m r thynne , m r fulke grevill , sir john egerton , sir francis hastings , m r carew , m r francis moore , m r maynard , m r varney , m r swaine , sir robert wroth , sir jerom bowes , sir molle finch , sir francis darcy , the knights and citizens for london , m r barrington , m r hancock , m r tate and m r thomas jones . and the bill and committees names were delivered to m r fulk grevill , who with the rest was appointed to meet upon wednesday next in the exchequer chamber at two of the clock in the afternoon . on thursday the th day of november , five bills of no great moment had each of them one reading ; of which the last being the bill to avoid trifling and frivolous suits in law , was read the second time and committed unto m r lashbrooke , m r hubbard and others , who were appointed to meet to morrow in the afternoon in the middle-temple hall at two of the clock . the bill against common sollicitors , &c. was read the second time and committed to the last former committees , who were appointed to meet at the same time and place . the bill against fraudulent administration of intestates goods , and the bill for avoiding of unnecessary delays of execution upon judgments , were each of them read the third time and passed upon the question , and were sent up to the lords by mr. comptroller , mr. secretary herbert and others . two bills also of no great moment had each of them one reading ; of which the first being the bill for denization of certain persons born beyond the seas was read the second time and ordered to be ingrossed . john baker was brought to the bar and charged by mr. speaker in the name of this house , with contempt committed by him against the liberties and priviledges of this house in arresting of one ..... wooddall servant unto william cooke a member of this house ; who answered , that he knew not , that the said wooddall did belong unto the said mr. cooke or unto any other member of this house : and was by the order of this house committed to the serjeant's custody until to morrow , at which time the house hath appointed to take surther order therein . the bill for confirmation of grants made to the queens majesty and of letters patents from her highness to others , was read the second time and committed unto all the queens privy council being of this house , mr. francis moore , mr. tanfield and others ; and the bill and committees names were delivered to mr. secretary herbert , who with the rest was appointed to meet upon saturday next at two of the clock in the afternoon in the exchequer chamber . the bills formerly appointed to have been sitten upon in committee upon saturday next , are deferred until monday in the afternoon . on friday the th day of november the bill for the restraining of butchers in and about the city of london from selling , and covetous ingrossers from buying of fells and sheep-skins , &c. had its first reading . two bills had each of them one reading ; of which the second being the bill or petition of cloth-workers had its first reading . mr. johnson made report of the meeting and travel of the committees in the bill for punishment of idle and base persons , with certain amendments . the bills and committees names touching trifling suits and against common sollicitors were delivered to mr. boyce . the amendments in the bill for punishment of offences in base and idle persons were twice read , and with the bill ordered to be ingrossed . two bills also had each of them one reading ; of which the second being the bill concerning matters of assurances used amongst merchants was read the second time , and committed unto all the privy council being members of this house , all the doctors of the civil law likewise of this house , sir walter raleigh and others , who were appointed to meet upon thursday next in the exchequer chamber at two of the clock in the afternoon . john baker was brought to the bar by the serjeant and charged by mr. speaker with his offence , &c. was asked what he could answer for himself . upon his humble submission made , earnest protestations of not knowing the said wooddal to pertain to any member of this house , and being sequestred until the house had considered of the same , he was again brought to the bar and by order of the house discharged paying his fees. vide concerning this matter on yesterday immediately foregoing . thus far out of the original journal-book of the house of commons ; the residue of this dayes passages are inserted out of the private journal . m r hugh beeston stood up in the lower end of the house and said , m r speaker , we that be here cannot hear you that be above , i would it would please them that speak there to speak louder . also i am to certifie you , that i am here for a town , but not for mine own country of denbighshire or for any part thereof ; but if i should not speak somewhat for my country , i dare never go thither again . therefore i heartily beseech you , m r speaker , that the house may be resolved what course is taken according to the order of the house for the election of a knight and burgess , for they cannot but find themselves grieved for want of the election . but what is done i know not . m r secretary cecill said , because i was the reporter of the stay of the election , as also of the proceeding . i will now also certifie you , that there was order taken for the sending out of a warrant for the election ; but what is done therein , i know not . m r speaker said , i gave warrant to the clerk of the crown according to the antient form to send out a new writ , who answered me that the lord keeper desired to have the warrant directed to him for a new writ and for his warrant for sealing thereof , so that nothing is done therein . sir edward hobbic said , there is no court that doth not observe his rites and follow his priviledges , much more this high court of parliament being the greatest , and commander of all other courts , doth and ought to observe the same most strictly ; and all the precedents which i have seen and observed touching this point have ever gone to the clerk of the crown and to none other . and therefore i take it , that course ought inviolably to be observed . sir george moore said , i agree with the gentleman that last spake , that precedents ought to be observed ; but yet not altogether , upon urgent occasion or by necessity of time : knowing this , i take it my duty to inform you , if any alteration have been , it proceeded from the imperfection of a speaker . it was well observed by an antient member of this house , that no conserence with the lords touching a subsidy should be had : yet that rule hath been altered in late parliaments by reason of special causes . so do i think it would be more honourable to this house to direct our warrant to the lord keeper , than to any inferiour minister in the chancery . sir francis hastings said , by the leave of your honourable favours , i will shew you that i my self was yesterday with the lord keeper , and how honourably i heard him speak of this house ; that he desired nothing more than to shew the duty and love he beareth us , as also himself would be our immediate officer , and would be willing and glad to receive a warrant from us , so it might be directed to him for his discharge , be it in what terms soever we pleased . and he said , he doubted not , but if this honourable house knew so much , they would rather chuse him than any other for their minister . thus much i thought good to certifie this house of , which being spoken in private unto me , i now deliver in publick unto you for my own advice . i think nothing can be more honourable unto this house , than to have a person of so great estate , to whom we may direct our warrant as to our minister . m r francis bacon said , it is far more honourable for this house in my opinion , when our warrant shall move the principal member of justice , than when it shall command a base petty or inferiour servant to the clerk of the crown , or the clerk of the petty bag. it will be said , that our warrant emanavit improvidè , when we shall direct our warrants to these base officers , when we may move the great seal of england by it , even as soon as either petty bag or petty officer . m r speaker said , i was and ever am zealous and jealous of the priviledges and orders of this house . i was commanded by you to send forth a warrant for the election of a knight and burgess ; i found a resolution , that during the time of the sitting of this house , the speaker for a new election is to make a warrant directed to the clerk of the crown : so that in my doing thereof i hope i have done rightly . m r secretary cecill said , i hope i shall move unto you a conclusion which will end this controversie , and in the mean time a saving to all persons . i mean not to second my former error , for which i was excepted unto ; that is , that m r speaker or any member should attend the lord keeper ; but that four might be assigned by this house to go to the lord keeper . i say to go ( as if he should have said , mark . i say not to attend ) to the lord keeper to know the cause of the stay , as also his request unto this house : and that other six might be assigned to call before them the clerk of the crown , the clerk of the petty bag and the clerk of this house , with their precedents and books to see to whom this warrant hath in former times been directed , and whether the priviledges in former ages have danced a pavin to and fro , and according to the time have been altered . this to be done this afternoon , and to certifie this house to morrow , and then we to make a determinate resolution . to which all said , a good motion . m r holcroft of cheshire said , may it please you , m r speaker , the county day for denbighshire is on thursday next , and therefore there had need be speed made , otherwise there can be no election this parliament . m r speaker said , will it please you to name the six committees , so the house named sir edward hobbie , serjeant harris , sir francis hastings , &c. the speaker likewise said , will it please you to name the four to go to the lord keeper , so the house named secretary herbert , sir edward stanhop , sir edward stafford and m r fulk grevill . thus far out of the aforesaid private journal . the next dayes passages do now follow in part out of the original journal-book it self . on saturday the th day of november , m r cotton a member of this house moved for the receiving of two bills , which he then offered to the consideration of the house , and were accepted accordingly ; but were not then read by reason of sundry occasions of lett , and for that also m r speaker had not perused them . three bills also had each of them one reading ; of which the third being the bill that edward markham may dispose of his lands as other tenants in tail lawfully may do , was read the second time , and committed unto sir robert wroth , sir moyle finch and others , who were appointed to meet upon friday next at two of the clock in the afternoon in the court of wards , and the parties whom it concerneth to bring their evidences and writings to the committees . one other bill touching making of cloathes was read primâ vice . m r johnson informed the house , that sundry members of this house have been served with subpoena's , viz. edward mountague esq to appear in chancery upon the th day of this instant november ad respondend . will. riddlesden ; upon sir michael sandes to appear in the kings-bench ad testificand ' die veneris prox ' post crast ' sancti martin . at the suit of john stow ; upon goddard pemberton to be in the chancery , vii o die novembr . ad sect. will. wood. whereupon the serjeant was appointed to bring unto this house the persons that served or do prosecute the said subpoena's , to answer in this house for their said contempts . thus far out of the original journal-book of the house of commons ; the further dispute of this business and the residue of the passages of this day are in the next place supplied out of the often before-recited private journal of the said house . the said m r johnson after he had vouched the aforesaid precedent instances touching other members of the house that had been served with several subpoena's , certified the said house further thus much , that the informer came to his lodging this morning as he was coming out of his door and asked for him ; he told him he was the man. then said the informer , the queen greets you well . what 's this quoth i ? a subpoena quoth the informer , and i charge you to appear upon it according to the contents . then i told him that i was of this house and could not attend . he answered me again , there it is , i care not , look you to it at your peril . m r david waterhouse stood up and shewed , that that subpoena came out of his office , and further shewed the necessity of obeying of it , for that a cause for want of witnesses might be lost ; therefore the hearing being appointed at a day certain , the client might peradventure be undone if he should not have this subpoena ad testificandum in due time both served and appeared unto . sir edward hobbie alledged divers precedents touching this point , as february th eliz. m r kerle served one roger stepney with a subpoena into the star-chamber , and for this he was adjudged to the serjeants keeping for six dayes , and to pay five marks charges : and march eliz. m r crooke served a member of this house with a subpoena into chancery , and for so doing was adjudged to give a copy of the bill , twenty shillings for charge , and was committed . m r wiseman said , notwithstanding the allegations and excuse of the gentleman that spake in favour of the subpoena ad testificandum , i think it deserveth no less favour than the other : for if the necessity of the cause were such that he must needs be served and spared out of this house , the party ought to ask leave of the house , or at least of the speaker , or intreat him to relate the same to the house . sir george moore said , i think as the gentleman that last spake , for the like subpoena being brought the last parliament , it grew to a question , whether it were an impeachment to the priviledge of the house ; and after some dispute , an antient member of this house shewed divers precedents how that the minds of the members of this house ought to be freed as well as their bodies . whereupon two members were sent to require the lord keeper to reverse that subpoena , &c. he also spake of a quo warranto for the liberties of the black-fryars withheld , but to what purpose ignoro . then it grew to a question , whether a burgess of a parliament may be served with a subpoena ad testificandum ; and it was concluded that he could not . so after this dispute they agreed , that the serjeant should be sent to arrest all those to appear that had procured the subpoena's aforesaid , to answer their contempts with all speed . sir francis hastings stood up and made a relation of the proceedings which he with the other committees had made according to the commandment of the house the day before . he said , we called before us the clerk of the crown , the clerk of the petty bag , and our clerk of the parliament . the clerk of the crown shewed us sive warrants and one order , all one course and one form , and all in the eliz. three of the warrants were directed to the clerk of the crown , two without direction ; and he shewed us writs without warrant . then we called the clerk of the petty bag , who would shew us no warrant but only a record of writ in his roll of eliz. only he said ( but we heard him not ) that warrants had been granted to the clerk of the petty bag. the clerk of the parliament shewed unto us two precedents of eliz. and of eliz. every one without direction , but with these words or to the like effect as i take it , [ it is required such and such a thing be done . ] sir edward hobbie said , because the truth hereof may be made more plain , and that it pleased you to command my unworthy self to attend yesterdays service , i will under favour of the gentleman that last spake , make a repetition ab origine , a little longer than he did , for your satisfactions of this cause and our pains . it pleased you to depute six to this service , five attended . the serjeant at law ( serjeant harris ) of whose furtherance we best hoped , deceived both your and our expectations . the clerk of the petty bag , the clerk of the crown and the clerk of the parliament attended us . the clerk of the parliament delivered unto us a fair record containing a writ sent out sedente parliamento ( for so are the words ) it was for the knights of yorkshire and lancashire , and this was all he could shew ; only he said , an old officer would be sworn , there were more , but lost by garth's decease . the clerk of the crown dealt with us two ways , the first by way of experienced officers , the second by way of precedent . for the first , one stephen brown was brought forth before us who hath been an officer in the crown-office these thirty six years : and being asked if he knew how warrants were directed , he answered , that in the time of the lord keeper bacon , he that was speaker of this house directed them to the clerk of the crown : being further asked , if they were impugned ; he answered , no. being asked , where these warrants were kept ; he said , on the labels in the house . the said clerk shewed us sive precedents and one order , the rest were lost by m r watson's death , as the other precedents were by the death of m r garth , the clerk of the parliament of the th of queen elizabeth , when sir christopher wray was speaker : as also one order dated th of march . die sabbathi , that a warrant should be directed to the clerk of the crown to chuse a new burgess for norwich instead of one beamont , the words whereof were , it is required of the knights , citizens , burgesses and barons , &c. as also another order dated die sabbathi o martii . in these words , it is further agreed upon and resolved by this house , that during the time of sitting of this court , there do not at any time any writ go out for the chusing or returning of any knight , citizen , burgess or baron , without the warrant of this house first directed for the same to the clerk of the crown according to the ancient jurisdiction and authority of this house in that behalf accustomed . and another warrant subscribed henry gates and will. fleetwood who were committees in examination of a cause touching henry bermaker and anthony wilde , the effect whereof was , that forasmuch as they were arrested into the kings bench , whereas we find them priviledged as members of this house , a warrant was directed to the clerk of the crown for making writs of priviledge as aforesaid . dated from westminster the sixth day of december . therefore for mine own opinion and according to these precedents , i think they ought to be directed to the clerk of the crown . sir george moore stood up and shewed a precedent dated on friday the second day of march o eliz. where a new writ was to be awarded out concerning m r fitzherbert , and all writs of priviledge to come from the chancery ; and the speaker made a new warrant to the lord keeper to make a new writ . in the like case both touching southwark and melcombe regis ; for i think the warrant ought to be directed to the lord keeper . m r pate of the middle-temple shewed that ratio legis was anima legis ; and he that presents a precedent without a reason , presents a body without a soul. there is a difference in writs ; there are brevia ex gratia speciali and brevia cursoria : and therefore when the warrant hath gone from the speaker to the clerk , it hath caused the writs of course by the lord keeper . m r secretary herbert shewed how that he with other three by their commandments had been with the lord keeper whom he found most honourably to entertain and receive both him and the rest : and that his lordship did greatly respect both the majesty and gravity of this assembly , and said , that he woud be loth to derogate any thing from either : notwithstanding he hoped and prayed that if any further precedents had improvidently gone from this house , or contrary to the most antient usage , that we would now settle our resolution , and stablish and decree that which might be a sufficient warrant unto him to put in execution our commands , and also increase the majesty and honour of this house , which he most heartily wished might ever continue . and for my part , thus much i can assure you , that we cannot wish him to be more honourable or more agreeable to this house than we found him . henry doyley of lincolns-inn said , m r speaker , i take it there is a precedent this parliament which will decide this controversie . for an honourable person of this house being chosen with my self burgess for wallingford , and also knight of a shire , chose to be a kuight ; and a warrant went from you m r speaker , directed to the clerk of the crown for the election of a new burgess , who is since chosen and sworn , and is now a member of this house , m r thomas fortescue by name . m r flemming said , the clerk of the crown is our immediate officer ; he is to be attendant between the two doors of the upper house and lower house , when any warrant general is required , he is to subscribe it , to certifie it , &c. he is to convey our minds and messages to the upper house , &c. yea this warrant is to be directed to him . then all cryed to the question . then m r speaker stood up and said , the question must stand on three parts , first if the warrant shall be directed to the clerk of the crown ; secondly to the lord keeper ; thirdly , if without any direction . the house after this speech was in great murmur and very loud ; then stood up one and said , m r speaker , let the first question stand , and then all will be at an end . then the speaker said , shall the first question stand ? and all said yea. then he said , all those that will have the warrant directed to the clerk of the crown cry yea , and all those that will not , cry no. and the yeas got it a little . then he asked if he would have this order entred of record , and all cryed yea , yea. thus far out of the private journal : now follows some part of the next days passages out of the original journal-book it self . on monday the th day of november , five bills of no great moment had each of them one reading ; of which the first being the bill for enabling edmund mollineux esq to sell land for the payment of his debts ; and the last being the bill for reformation of abuses used in buying and selling of spices and other merchandizes , had each of them their first reading . thus far out of the original journal-book of the house of commons ; the residue of this days passages for the most part is transcribed out of that often before-mentioned private journal . m r henry doyley a barrester of lincolns-inn made a motion and said , m r speaker , i think my self bound in conscience to certifie you of an infamous libel that is newly printed and spread abroad since the beginning of this parliament ; saving your presence , m r speaker , it is called an assembly of fools . i desire that the printer that printed it may be sent for ; he dwelleth over against guildhall-gate . the house wondred much at this motion , and great murmuring there was ; at last the speaker asked him where the book was , and where he saw it . he answered , in the hands of one mr. henry davies his clerk of lincolns-inn , but the clerks name he knew not . the serjeant upon consultation was sent for mr. davies and his man into the hall. after a while they came up , and notice being given thereof , the man only was sent for into the house , who being asked what was his name ; he said it was john baker : being asked of whom he had the aforesaid book ; he said of jeremy gouge of cliffords-inn : being asked how long he had had it ; he answered three or four days : being asked if he knew it to be a libellous and seditious book ; he answered that he never knew any such matter in it : being asked where the book was ; he said at his masters chamber . then the serjeant was commanded to take him forth , and to command one of his men to go with him to lincolns-inn to fetch the book . then the speaker asked if they would have his master in , but mr. doyley stood up and said , mr. davies was a very honest gentleman , and shewed him the book first , and wished him to complain unto this house . he wished mr. davies might be stayed till the book were brought ; and if then it pleased them to send for him into the house , they might , &c. so he was stayed . in the mean time mr. davies his man went to the chamber for the book , which after it was brought and well scann'd by the privy-council , it was found to be a meer toy , and an old book intituled the second part of jack of dover , a thing both stale and foolish ; for which they said mr. doyley was well laughed at , and thereby his credit much impeached in the opinion of the house . whereupon mr. speaker asked , if they would have mr. davies and his man brought into the house ; and all cryed no : then if they should be discharged , and all said yea , yea. the bill for redressing certain inconveniences in the statute of hen. . cap. . intituled an act against pluralities of benefices for taking of farms by spiritual men and for residence , was read the second time and disputed , whether it should be committed , in manner and form following , viz. mr. dunn spake against this bill and said , it was no reason that men of unequal desert should be equally beneficed or equalized with the best . doctor crompton amongst many other speeches wished that pluralities of offices might be taken srom the laity , and then pluralities of benefices from the spiritualty . also in former ages , he said , impropriations were given to the spiritualty , and then no pluralities allowed ; as also spiritual men bound by ecclesiastical canons of their own from marriage , so that they might live with far less charge than now they do : but having taken from them first the impropriations they cannot keep that hospitality which is required ; and next , marriage being tolerated among them , they living at great charge both of wife and children , one benefice of small cure sufficeth not . sir george moore said , he thought the bill most sit to be committed , it being in the general opinion a good law , and tending to a good and a religious end ; and such is the iniquity of this age , that for want of a good law of this nature , many souls do not only languish but perish everlastingly for want of spiritual food . i think therefore , that though there be some imperfections in the bill , yet the body and parts of it may be amended to every mans satisfaction . mr. lock said , mr. speaker , i think bare silence is not an exoneration of a mans conscience ; the similitude of offices and benefices made by the doctor doth not hold , under favour ; for non est incipiendum cum laicis , sed incipiendum à domo dei ; therefore if they begin first , we shall follow in avoiding pluralities . doctor james said , that it had been said , that pluralities were the cause of bringing corruption into the church ; but for that , under favour , said he , i think the contrary , because corruption is commonly where poverty is ; but if competent living be given to the minister , i see no reason why just men should judge there to be corruption . secondly , it was said , that it would be a means of preaching the word ; for that i answer , that if hope of competent living be taken away , it will be a means to make the best wits refuse the study of divinity . and therefore an historian saith well , that sublatis praemiis corruunt artes. consider besides , that in england there are above eight thousand eight hundred and odd parish churches , six hundred of which do but afford competent living for a minister ; what then shall become of the multitude of our learned men ? they have no other preferments unless it be to get some deanery , prebendary or such like , which is no easy matter to do , they being so few , especially in this catching age. to give the best scholar but as great proportion as the meanest artisan , or to give all alike , there is no equality ; for inaequalibus aequalia dare absurdum . and this will breed poverty in the greatest learned , which is the mother of contempt , a thing both dangerous and odious unto divinity ; this must needs enforce preachers to preach placentia , which is a thing abhor'd even of god himself . a preacher who is no ordinary person , ought to have an extraordinary reward ; for the canon saith he must be ad minimum artium magister , aut publicus aut idoneus verbi divini concionator . mr. david waterhouse said , mr. speaker , because my self am an officer , i mean only to speak of the doctors similitude of pluralities of offices . by the common law , an officer shall forfeit his office for non-attendance ; so for a benefice the incumbent shall also forfeit . but after , the statute came which made this toleration upon eighteen days absence ; so that now if we set this statute at liberty again , this shall be no innovation in us , but a renovation of the common law. and i will end only with this caution to the house , that commonly the most ignorant divines of this land be double beneficed . mr. serjeant harris said , we seem to defend the priviledges and customs of the house , but if we proceed to determine of this bill , mr. speaker , we shall not only infringe a custom which we have ever observed , viz. to meddle with no matter that toucheth her majesties prerogative ; but also procure her great displeasure . admit we should determine of this matter , yet her majesty may grant toleration with a non obstante . and , mr. speaker , the last parliament may be a warning to us when the like bill by us was prefer'd , and the same not only rejected , but also her majesty commanded the lord keeper to tell us , that she hoped we would not hereafter meddle in cases of this nature so nearly touching her prerogative royal. mr. martin spake to this effect : i agree with one that said , learning should have her reward ; but i say more , that our souls should have their spiritual food ; and i do wish , that divines may have promotion not only with good convenience , but also with good abundance . though i be zealous , yet i hope to refrain and restrain my self from that heat , which the heat of my zeal and love of my country drew me into very lately , for which i do not only acknowledge my self guilty in your censures , but also crave pardon of every particular member of this house , that heard me , but most especially of him i offended . but touching this bill mr. speaker , and so he spake to the bill , &c. after this speech an old doctor of the civil law spake ; but because he was too long and spake too low , the house hawk'd and spat and kept a great coil to make him make an end . which speech finished , sir francis hastings stood up and said , my masters , i utterly dislike this strange kind of course in the house , it is the antient usage that every man here should speak his conscience , and that both freely and with attention , yea though he speak never so absurdly . i beseech you therefore that this may be amended , and this troubling of any man in his speech no more used . but to the matter , mr. speaker , i protest that which i shall speak i will utter to you all out of the conscience of a christian , loyalty of a subject , and heart of an englishman . i know that distributio parochiarum est ex jure humano non divino : but he that said so much , give me leave to tell him , that distributio verbi divini est ex jure divino & humano . if then by the distributing and severing of benefices to divers learned men , the word may be the better distributed unto the people , and preached , as god be thanked , it hath been these forty three years under her majesties happy government , ( the point of whose dayes i beseech the almighty may be prolonged ) i see no reason , mr. speaker , why we should doubt of the goodness of this bill or make any question of the committing thereof , &c. mr. roger owen ( after particular answers to divers particular objections by doctors ) shewed that a statute was but privatio communis juris ; and this act will make no innovation , because it repeals only the proviso and not the body . whereas it was said by a doctor , that honos alit artes , and much more to that purpose ; and if you take away the honour and reward , then you take away the study it self : for answer thereunto , mr. speaker , i say under favour , that this statute takes away no benefices from the clergy , but doth only better order the distribution of benefices among the clergy . for another doctor that alledged a canon confirmed under the great seal of england , i say , under favour , that they of the clergy and not we of the laity are bound thereby ; for they are as it were by-laws to them , but not to us . then the speaker stood up and put it to the question for the commitment . whereupon it was ordered by the more voices that it should be committed : but the committees names being omitted in the private journal , they are supplied out of the original journal-book it self , and were as followeth , viz. all the queens privy council and all the learned councel being members of this house , sir walter raleigh , sir francis hastings , sir carew reignolds , mr. francis bacon and divers others , who were appointed to meet upon friday next in the exchequer chamber at two of the clock in the afternoon . mr. speaker did lastly this forenoon move the house to resolve whether they would sit to morrow or no , it being the day of her majesties most blessed and hereditary succession to the crown of england : to which after a little speech had , it was agreed by the house , that after the sermon was done at westminster , which would be ended by ten of the clock , they would sit the residue of the forenoon ; and this was affirmed to be the antient custom . on tuesday the th day of november , three bills of no great moment had each of them one reading ; of which the first being the bill for the enabling of edward nevill of berling in the county of kent , and sir henry nevill knight his son and heir apparent , to dispose of certain copy-hold lands , &c. was read the first time ; and the third being the bill against unlawful hunting of deer or conies in the night time was read the second time , and upon the question of ingrossing was rejected . heyward townsend of lincolns-inn esq delivered in a bill to mr. speaker , intituled an act to prevent perjury and subornation of perjury , and unnecessary expences in suits of law. upon the delivery whereof he said , mr. speaker , i take every man bound in conscience to remove a little mischief from the common-wealth before it take head and grow to a great inconvenience . this mischief is ordinary and general , and therefore ( though but small ) to be considered and provided for . and if a heathen philosopher could admonish us obstare principiis , i see no reason but men indued with christianity should be sensible of the least hurt or sore growing in his country , either regardless or respectless . for which purpose a gentleman well experienced , having found this grief common to the poorer sort , like a good subject tendring all the parts of this common-wealth , engaged me at my coming into the house this morning to offer unto all your considerations this bill , which it may please you to entertain with that willingness it is offered . i doubt not but this inonvenience will quickly be redressed . and thereupon the bill according to the desire of the said mr. townsend had its first reading . the bill for confirmation of letters patents made by king edward the sixth unto sir edward seymour knight , was upon the second reading committed unto the queens learned councel members of this house , the masters of request , sir robert wroth , sir maurice barkley and others , who were appointed to meet in the committee chamber of this house upon friday morning next . the bill for the strengthening of the grant made for the maintenance and government of the house of the poor called s t bartholomews hospital , of the foundation of king henry the eighth , was read the second time and committed unto all the queens learned councel being members of this house , mr. doctor caesar , sir edward hobbie , sir robert wroth , mr. dr. bennet and others , who were appointed to meet upon saturday next at lincolns-inn hall at two of the clock in the afternoon . the remainder of this days passages follows out of the private journal . an act to suppress the sin of adultery was read the first time ; the substance whereof was , that if a woman or man or both were convicted of adultery , he should lose his tenancy by courtesie , and she her tenancy in dower . to which bill serjeant harries stood up and said , mr. speaker , by the scope of this bill , the determination of this fact must be by two or three blind witnesses in the ecclesiastical court ; which is no reason , that judges ecclesiastical should determine of lay-mens inheritances . besides , there is another gross fault in the bill , for if they be both poor , and have nothing but goods , if the man be taken in adultery , he shall not be punished , because there is nothing of which he should be tenant by the courtesie ; but if the woman be taken she is to lose the third of the goods , or if it be in the city by custom she loseth the half , which is jus inaequale , and not to be admitted by this house . then all the house cryed , away with it . and the speaker putting it to the question whether it should be read the second time , the house gave a great no. on wednesday the th day of november , three bills had each of them one reading ; of which the last being the bill or petition of the cloth-workers was read the second time and committed unto the queens learned councel , members of this house , the burgesses for all the cloathing towns , the knights for the shires of somerset , wiltshire , berks , suffolk , fssex , kent , surry and hampshire , m r francis moore , m r bond , the citizens for york , m r phillipps , m r boyce , m r snigg , sir percival hart , sir moyle finch , sir john harrintgon , sir john lewson , sir francis darcie , sir walter raleigh , m r lieutenant of the tower , m r d r caesar , the knights and citizens for london , sir walter cope , sir robert wroth , the burgesses for all the port towns , m r hide and mr. thomas caesar , who were appointed to meet in the middle-temple hall upon monday next in the afternoon at two of the clock . sir francis hastings brought in the bill against swearing from the committees ( who were appointed on tuesday the th day of november foregoing ) and a new bill drawn to the same purpose by the said committee . the bill touching repeal of some parts of former statutes touching cloth , was read the second time and committed to the last former committees for cloth-workers , to meet at the same time and place . mr. jones one of the committees in the bill touching common sollicitors , brought in the bill amended with some additions and alterations : and m r boyce likewise brought in the bill touching trifling suits being somewhat amended by the committees . mr. francis moore a committee in the bill for confirmation of grants made to the queens majesty and of letters patents made from her highness to others ( who were appointed on thursday the th day of this instant november foregoing ) brought in the bill with two provisoes and certain amendments . the bill for reformation of many abuses in making of cloths , was read the second time and committed to the last former committees for cloth-workers to meet at the same time and place . mr. bacon one of the committees in the bill touching process and pleadings in the court of exchequer , maketh report of the travel and meeting of the committees ; and brought in a new bill drawn to the same purpose ; upon the referring whereof he spake as followeth , ( out of the private journal . ) mr. speaker , this bill hath been deliberately and judiciously considered of by the committees , before whom mr. osborn came , who i assure this house , did so discreetly demean himself and so submissively referr'd the state of this whole office to the committees , and so well answered in his own defence , that they would not ransack the heaps or sound the bottom of former offences , but only have taken away something that was superfluous and needless to the subject . touching the committees they have reformed part ; yet they have not so nearly eyed every particular , as if they would pare to the quick an office of her majesties gift and patronage . this bill is both publick and private ; publick because it is to do good unto the subject ; and private , because it doth no injustice to the particular officer . the committees herein have not taxed the officer by way of imputation , but removed a task by way of imposition . i will not tell you what we have taken away either in quo titulo's or exchequer language , but according to the poet who saith , mitte id quod scio , dic quod rogo ; i will omit that which you have known , and tell you that you know not and are to know , and that in familiar terms . and so he told the substance of the bill . we found that her majesty whose eyes are the candles of our good days , had made him an officer by patent ; in which that he might have right , her majesties learned councel were there in centinel to see that her majesties right might not be suppressed . if my memory hath failed me in delivering of the truth of the proceeding and the committees determination , i desire those that were present to help and assist me . here is the bill . so he called aloud to the serjeant of the house and delivered him the bill to deliver to the speaker , which said bill was read primâ vice . the amendments and provisions in the bill for confirmation of grants made to the queens majesty and of letters patents made by her highness to others , were twice read , and the bill ordered to be ingrossed . three bills had each of them one reading ; of which the third being the bill against wilful absence from divine service upon the sunday , was upon the second reading committed unto sir francis hastings , sir robert wroth and others ; and the bill and committees names were delivered to sir robert wroth , who with the rest was appointed to meet this afternoon in the exchequer chamber at two of the clock . the bill touching cloths and cloth-workers were delivered to mr. snigg one of the committees . on thursday the th day of november , nine bills had each of them one reading ; of which the last being the bill for the enabling of edward nevill and sir henry nevill knight his son and heir apparent , &c. was upon the second reading committed unto all the queens learned councel being of this house , sir george moore , sir william wray and others , who were appointed to meet upon tuesday next in the court of wards at two of the clock in the afternoon , and the councel of all sides to be there to attend the committees . the committees in the bill for setting of watches ( who were appointed on saturday the th of this instant november foregoing to meet this day ) are deferred till tuesday next in the court of wards . upon motion made unto this house , it is declared , that one roger buston servant , a sollicitor unto ..... langton esq baron of walton in the county of lancaster , who upon credible report of some members of this house , is chosen a burgess for the borough of newton in the said county of lancaster , but not as yet returned by the clerk of the crown into this house , hath been arrested in london during this session in an action of debt , at the suit and procurement of one ..... muscle , the same muscle knowing the said roger buston to belong to the said baron of walton ; which said muscle was by order of this house sent for by the serjeant of this house , together with the officer who made the arrest , to answer unto this house for their said contempts . and being brought to the bar and charged by mr. speaker with their said offence in the name of this whole house , were heard what they could say for their defence . and after sundry questions ordered that the said roger buston should have the priviledge of this house and be discharged of his said arrest and imprisonment : and likewise ordered that the said muscle the procurer , and the officer that made the said arrest , should be both committed prisoners to the serjeants custody for three dayes , and pay such charges as shall be assessed by m r speaker unto the said buston , besides the fees of the serjeant and clerk. the bill for confirmation of grants made to her majesty ; and of letters patents made by her majesty to others was read the third time and passed upon the question . now follow some passages of this day out of the said private journal . secretary herbert said , according to your commandment , sir edward stafford and my self went to the lord keeper , and delivered unto him , that notwithstanding some allegations which were alledged on the behalf of his lordship , our resolutions touching the warrants , upon mature deliberation , and upon search of precedents were , that they ought to go and be directed to the clerk of the crown from the speaker . his lordship after a small pause answered , that he now considered the weightiness of divers businesses which were in hand , the consultation which we were likely to have presently touching the bill of subsidy ; that the enemy the spaniard was landed in ireland and the business of those affairs of great import , as also his own business in the upper house , and the short end which was likely to be of this parliament ; and therefore he would not now stand to make contention , or shew his further reasons ; but prayed to certifie you all , that he would be most ready and most willing to perform the desire of this house . the bill of petite thefts and larcenies , and the bill for confirmation of grants made to her majesty and of letters patents made from her majesty to others were sent up to the lords by sir john fortescue , mr. secretary herbert and others . the bill to restrain transporation of money out of the realm of england and to reform certain abuses in exchanges was read the second time . m r fettiplace , a burgess for london , spake to this bill , and said , it is to be thought that the netherlands having so much use for money , is the exporter thereof out of this realm . the french king made it a law that no man upon pain of death should export money thence . germany holdeth the standard , so doth france , so do we ; but the netherlander only doth not , and he only gaineth of all three . there be good statutes already made to this purpose both in the time of king rich. ii. hen. iii. hen. iv. hen. v. and hen. vi. that no strangers should bring commodities into this land , but he should bring so much money . he made a very long speech touching the manner of trade by exchange in merchants language , &c. and concluded with desire of commitment , and that the merchants might be called . and thereupon it was committed to divers of the committees who were appointed to meet this day seven-night at two of the clock in the afternoon in the exchequer chamber . the bill or petition of theophilus adams was read the first time . on friday the th day of november , seven bills of no great moment had each of them one reading ; of which the first being the bill touching the lordship of landostowre aliàs landovorowre , and the last being the bill prohibiting fairs and markets , had each of them their first reading . sir francis darcy maketh report of the meeting and travel of the committees in the bill touching the coming to church , and brought in the bill with two provisoes and some amendments . the same amendments being twice read , the bill upon the question and division of the house was dashed , viz. with the yea a hundred thirty seven , and with the no a hundred and forty . one m r william morrice burgess for beumaries informed the house that as he was coming up to london on his way his man was arrested at shrewsbury ; whereupon he told the serjeant that he was of the parliament-house , and therefore wished him to discharge his servant . the serjeant answered , that he could not discharge him , but said , that he would go to the bayliff with him ; to whom when he came , he likewise declared that he was of the parliament house , and therefore required his servant . to whom the bayliff answered , that he could not discharge him without the consent of the party that procured the arrest ; to whom he also went , and he answered the serjeant and him saying ; keep him fast , i will not release him till i be satisfied . then he told the creditor , that he was of the parliament-house , and therefore his servant was priviledged . whereunto the creditor made this answer , i care not for that , keep him fast , i will be your warrant . i thought good to move the house herein , referring it to your considerations . and because i am willing that the priviledges of this house may be known as well far off as here at hand , i thought good to move the same . m r francis moore said , m r speaker , methinks this action is very scandalous to this whole house . and because it is a case both extraordinary and contemptible , in my opinion it deserveth a most severe and exemplary punishment . whereupon all the house cryed , to the tower , to the tower with them , send for them , send for them . m r speaker said , it is your pleasure , the bayliffs and he that procured the arrest and the serjeant shall be sent for . all cryed yea. then the speaker said , the serjeant must go down to shrewsbury ; all cryed yea. the speaker gave the clerk a bill to read , and the house called for the exchequer bill ; some said yea , some said no , and a great noise there was : at last m r lawrence hide said , m r speaker , to end this controversie , because the time is very short , i would move the house to have a very short bill read intituled an act for the explanation of the common law in certain cases of letters patents . all the house cried i , i , i. so after it was read , the question was to be propounded for the committing of it , and some cryed commit it , some ingross it ; at length m r spicer burgess of warwick stood up and said , m r speaker , this assembly may be said to be libera mens & libera lingua , therefore freely and faithfully , that which i know i will speak to this house . this bill may touch the prerogative royal , which as i learned the last parliament is so transcendent , that the ..... of the subject may not aspire thereunto . far be it therefore from me that the state and prerogative royal of the prince should be tied by me or by the act of any other subject . first , let us consider of the word monopolie what it is , monos is unus , and polis is civitas ; so then the meaning of the word is , a restraint of any thing publick in a city or common-wealth to a private use , and the user called a monopolitan , quasi cujus privatum lucrum est urbis & orbis commune malum . and we may well term this man the whirlpool of the princes profit . every man hath three special friends , his goods , his kinsfolks and his good name ; these men may have the two first , but not the last . they are insidiosa quia dulcia , they are dolosa quia dubia . i speak not , m r speaker , neither repining at her majesties prerogative , or misliking the reasons of her grants ; but out of grief of heart , to see the town wherein i serve pester'd and continually vext by the substitutes and vicegerents of these monopolitans , who are ever ill-disposed and affected members . i beseech you give me leave to prove this unto you by this argument . whosoever transgresseth the royal commission of her majesty being granted upon good and warrantable suggestions , and also abuseth the authority and warrant of her majesties privy-council being granted unto him for the more favourable execution of his patent ; this man is an evil-disposed and dangerous subject . but that this is true and hath been done by one person , a substitute of a patentee , i will prove unto you . the major needs not be proved ; the minor i will thus prove . my self am oculatus testis of this minor , et talis testis plus valet existens unus quàm auriti decem . the substitutes for aquavitae and vinegar came not long since to the town where i serve , and presently stayed sale of both these commodities ; unless the sellers would compound with them , they must presently to the council-table . my self though ignorant , yet not so unskilful , by reason of my profession , but that i could judge whether their proceedings were according to their authority , viewed their patent , and found they exceeded in three points : for where the patent gives months liberty to the subject that hath any aquavitae to sell the same , this person comes down within two months and takes bond of them to his own use , where he ought to bring them before a justice of peace , and they there to be bound in recognizance , and after to be returned into the exchequer ; and so by usurpation retaineth power in his own hands to kill or save . thus her majesties commission being transgressed , as a sworn servant to her majesty , i hold my self bound to certifie the house thereof ; and also that this substitute stands indicted as an obstinate recusant : yea when her majesties name hath been spoken of and her self prayed for , he hath refused to stir hat or lip. my humble motion therefore is , that we might use some caution or circumspective care to prevent this ensuing mischief . m r francis bacon said , the gentleman that spake last coasted so for and against the bill , that for my own part not well hearing him , i did not perfectly understand him . i confess the bill as it is , is in few words , but yet ponderous and weighty . for the prerogative royal of the prince , for my own part i ever allowed of it , and it is such as i hope shall never be discuss'd . the queen as she is our sovereign , hath both an enlarging and restraining power . for by her prerogative she may first set at liberty things restrained by statute law or otherwise ; and secondly , by her prerogative she may restrain things which be at liberty . for the first , she may grant non obstante contrary to the penal laws , which truly according to my own conscience ( and so struck himself on the breast ) are as hateful to the subject as monopolies . for the second , if any man out of his own wit , industry or indeavour finds out any thing beneficial for the common-wealth , or bring in any new invention , which every subject of this kingdom may use ; yet in regard of his pains and travel therein , her majesty perhaps is pleased to grant him a priviledge to use the same only by himself or his deputies for a certain time . this is one kind of monopoly . sometimes there is a glut of things when they be in excessive quantity , as perhaps of corn , and her majesty gives licence of transportation to one man ; this is another kind of monopoly . sometimes there is a scarcity or a small quantity , and the like is granted also . these and divers of this nature have been in tryal both at the common-pleas upon actions of trespass , where if the judges do find the priviledge good , and beneficial to the common-wealth , they then will allow it ; otherwise disallow it : and also i know that her majesty her self hath given commandment to her attorney general to bring divers of them since the last parliament to tryal in the exchequer , since which time at least fifteen or sixteen to my knowledge have been repealed , some by her majesties own express commandment upon complaint made unto her by petition , and some by quo warranto in the exchequer . but m r speaker , said he ( pointing to the bill ) this is no stranger in this place , but a stranger in this vestment ; the use hath been ever to humble our selves unto her majesty , and by petition desire to have our grievances remedied , especially when the remedy toucheth her so nigh in point of prerogative . all cannot be done at once , neither was it possible since the last parliament to repeal all . if her majesty make a patent ( or ( as we term it ) a monopoly ) unto any of her servants , that must go , and we cry out of it ; but if she grant it to a number of burgesses or a corporation , that must stand , and that forsooth is no monopoly . i say and i say again , that we ought not to deal , to judge or meddle with her majesties prerogative . i wish every man therefore to be careful in this business ; and humbly pray this house to testifie with me , that i have discharged my duty in respect of my place in speaking on her majesties behalf ; and protest i have delivered my conscience in saying that which i have said . d r bennet said , he that will go about to debate her majesties prerogative royal , had need walk warily . in respect of a grievance out of the city for which i come , i think my self bound to speak that now which i had not intended to speak before ; i mean a monopoly of salt. it is an old proverb sal sapit omnia ; fire and water are not more necessary . but for other monopolies of cards , ( at which word sir walter raleigh blusht ) dice , starch and the like , they are ( because monopolies ) i must confess very burtful , though not all alike hurtful . i know there is a great difference in them ; and i think if the abuses in this monopoly of salt were particularized , this would walk in the fore rank . now seeing we are come to the means of redress , let us see that it be so mannerly and handsomely handled , that after a commitment it may have good passage . m r lawrence hide , i confess , m r speaker , that i owe duty to god , and loyalty to my prince . and for the bill it self i made it , and i think i understand it ; and far be it from this heart of mine to think , this tongue to speak , or this hand to write any thing , either in prejudice or derogation of her majesties prerogative royal and the state. but because you shall know that this course is no new invention , but long since digested in the age of our fore-fathers above three hundred years ago , i will offer to your considerations one precedent ed. . at what time one john peach was arraigned at this bar in parliament , for that he had obtained of the king a monopoly for sweet wines . the patent after great advice and dispute adjudged void , and before his face in open parliament cancelled , because he had exacted three shillings and four pence for every tun of wine ; himself adjudged to prison until he had made restitution of all that ever he had recovered , and not to be delivered till after a fine of five hundred pounds paid to the king. this is a precedent worthy of observation , but i dare not presume to say worthy the following . and m r speaker , as i think it is no derogation to the omnipotence of god to say he can do all but evil ; so i think it is no derogation to the majesty or person of the queen to say the like in some proportion . yet m r speaker , because two eyes may see more than one , i humbly pray that there might be a commitment had of this bill , lest something may be therein which may prove the bane and overthrow thereof at the time of the passing . m r speaker , quoth serjeant harris , for ought i see , the house moveth to have this bill in the nature of a petition ; it must then begin with more humiliation : and truly sir , the bill is good of it self , but the penning of it is somewhat out of course . m r mountague said , the matter is good and honest , and i like this manner of proceeding by bill well enough in this matter . the grievances are great , and i would note only unto you thus much , that the last parliament we proceeded by way of petition which had no successful effect . m r francis moore said , m r speaker , i know the queens prerogative is a thing curious to be dealt withal , yet all grievances are not comparable . i cannot utter with my tongue or conceive with my heart the great grievances that the town and country for which i serve , suffereth by some of these monopolies ; it bringeth the general profit into a private hand , and the end of all is beggery and bondage to the subjects . we have a law for the true and faithful currying of leather ; there is a patent sets all at liberty , notwithstanding that statute . and to what purpose is it to do any thing by act of parliament , when the queen will undo the same by her prerogative ? out of the spirit of humiliation , m r speaker , i do speak it , there is no act of hers that hath been or is more derogatory to her own majesty , more odious to the subject , more dangerous to the common-wealth than the granting of these monopolies . m r martin said , i do speak for a town that grieves and pines , for a countrey that groaneth and languisheth under the burthen of monstrous and unconscionable substitutes to the monopolitans of starch , tinn , fish , cloth , oyl , vinegar , salt , and i know not what , nay what not ? the principallest commodities both of my town and country are ingrossed into the hand of those blood-suckers of the common-wealth . if a body , m r speaker , being let blood , be left still languishing without any remedy , how can the good estate of that body long remain ? such is the state of my town and country , the traffick is taken away , the inward and private commodities are taken away , and dare not be used without the licence of these monopolitans . if these blood-suckers be still let alone to suck up the best and principallest commodities which the earth there hath given us , what shall become of us , from whom the fruits of our own soil and the commodities of our own labour , which with the sweat of our brows even up to the knees in mire and dirt , we have laboured for , shall be taken by warrant of supream authority , which the poor subjects dare not gainsay ? m r george moore said , i make no question but that this bill offereth good matter ; and i do wish that the matter may in some sort be prosecuted , and the bill rejected . many grievances have been laid open touching the monopolics of salt ; but if we add thereunto peter , then we had hit the grief aright ; with which my country is perplexed . there be three persons her majesty , the patentee and the subject ; her majesty the head , the patentee the hand , and the subject the soot . now here 's our case , the head gives power to the hands , the hand oppresseth the foot , the foot riseth against the head . we know the power of her majesty cannot be restrained by any act , why therefore should we thus talk ? admit we should make this statute with a non objtante , yet the queen may grant a patent with a non objtante , to cross this non obstante . i think therfore it agreeth more with the gravity and wisdom of this house to proceed with all humbleness by petition than bill . m r wingfield said , i would but put the house in mind of the proceeding we had in this matter the last parliament , in the end whereof our speaker moved her majesty by way of petition , that the griefs touching these monopolies might be respected , and the grievances coming of them might be redressed . her majesty answered by the lord keeper , that she would take care of these monopolies and our griefs should be redressed ; if not , she would give us free liberty to proceed in making a law the next parliament . the grief , m r speaker , is still bleeding , and we green under the sore , and are still without remedy . it was my hap the last parliament to encounter with the word prerogative ; but as then , so now i do it with all humility , and wish all happiness both unto it and to her majesty . i am indifferent touching our proceeding either by bill or petition , so that therein our grievances may follow , whereby her majesty may specially understand them . sir walter raleigh said , i am urged to speak in two respects ; the one because i find my self touched in particular ; the other , in that i take some imputation of slander to be offered unto her majesty , i mean by the gentleman that first mentioned tinn ( which was m r martin ) for that being one of the principal commodities of this kingdom , and being in cornwall , it hath ever , so long as there were any , belonged to the dukes of cornwall , and they had special patents of priviledge . it pleased her majesty freely to bestow upon me that priviledge ; and that patent being word for word , the very same the duke's is , and because by reason of mine office of lord warden of the stannary , i can sufficiently inform this house of the state thereof ; i will make bold to deliver it unto you . when the tinn is taken out of the mine , and melted and refined , then is every piece containing one hundred weight sealed with the duke's seal . now i will tell you , that before the granting of my patent , whether tinn were but of seventeen shillings and so upward to fifty shillings a hundred , yet the poor workmen never had above two shillings the week , finding themselves : but since my patent , whosoever will work , may ; and buy tinn at what price soever , they have four shillings a week truly paid . there is no poor that will work there , but may , and have that wages . notwithstanding , if all others may be repealed , i will give my consent as freely to the cancelling of this , as any member of this house . sir francis hastings said , it is a special honour to this assembly to give freedom of speech to all ; and howsoever some have been heretofore troubled , yet i joy to see so great reformation , that we may speak quietly and be heard peaceably . every man hath not like sence or judgment , neither is every mans memory alike : i wish that if any gentleman that speaks of this or any other subject as injurious , shall let fall any word amiss or unpleasing , that it may be attributed rather to hastiness than want of duty . this speech proceeded in respect of sir walter raleighs speech , as also of the great silence after it . m r snigg wisht a committee to devise a course . sir robert wroth wisht a committee , in which a course might be devised how her majesty might know our griefs . m r downland said , as i would be no lett or over vehement in any thing , so i am not sottish or senseless of the common grievance of the common-wealth . if we proceed by way of petition , we can have no more gracious answer than we had the last parliament to our petitions . but since that parliament we have no reformation ; and the reason why i think no reformation hath been had , is , because i never heard the cry against monopolies greater and more vehement . m r johnson said , m r speaker , i 'le be very short and say only thus much , i would we were all so happy , that her gracious self had heard but the fifth part of that , that every one of us hath heard this day ; i think verily in my soul and conscience we should not be more desirous in having those monopolies called in , than she would be earnest therein her self . the bill aforesaid for explanation of the common law touching letters patents was after the foregoing several long arguments ordered upon the question to be committed unto all the privy council and learned councel of this house , sir walter raleigh , sir francis hastings , sir edward stafford , sir edward hobbie , sir george moore , sir robert wroth and others ; and the bill and committees names were delivered to sir francis hastings , who with the rest was appointed to meet to morrow in this house at two of the clock in the afternoon . on saturday the th day of november . six bills had each of them one reading ; of which the first being the bill for levying of fines with proclamations of lands within the county of the city of chester , and the second to reform the abuse of tainters , had each of them their first reading . m r francis moore made report of the meeting of the committees of the bill touching sir edward seymour , ( who were appointed on tuesday the th day of this instant november foregoing ) shewed the amendments in the same , and brought in the bill . thus far out of the original journal-book of the house of commons : now follows one passage of this day touching the priviledge of the house out of the often before-cited private journal of the said house . sir edward hobbie said , a gentleman a good member of this house , ( sir john gray ) was served with a subpoena in the chancery ad respondendum the th of november ad sectam roberti atkins ; if no order be taken herein , for my own part i think both the house and the priviledges thereof will grow in contempt . i wish the serjeant may be sent for and the party , and that some exemplary punishment may be shewed . m r doyley said , m r speaker , we spend much time which is precious , in disputing of priviledges and other matters of small importance ; for my own part i think fit no time should be spent herein , but that a writ of priviledge may be granted . m r johnson said , m r speaker , our own lenity is the cause of this contempt , and till some special punishment be shewed , i think it will not be otherwise . thus far out of the aforesaid private journal : now follows the residue of the passages of this forenoon out of the original journal-book it self . the bill against taintering of woollen cloths was read the second time and committed unto the former committees in the bill for cloths and clothworkers , and ordered that merchants and drapers do attend the committees and be heard therein as appertains ; and sir edward stafford , m r fulk grevill and m r barkley were added to the former committees . the amendments in the bill touching sir edward seymour knight deceased , and edward seymour esq were twice read and ordered with the bill to be ingrossed . the bill for the making of an haven or key on the north part of severn was read the second time , and committed unto the knights and burgesses for the counties of devon , cornwall , somerset and south-wales , all the queens learned councel , the batons of the cinque ports and others , who were appointed to meet upon wednesday next in the exchequer chamber at two of the clock in the afternoon . the bill for the assurance of the jointure of 〈◊〉 countess of bedford was read the second time , and committed unto all the queens learned councel being members of this house , sir francis hastings , sir edward hobbie and others , who were appointed to meet on wednesday next in the middle-temple hall at two of the clock in the afternoon . the bill for the better observation of certain orders in the exchequer set down and established by vertue of her majesties privy seal , was read the second time , and committed unto the former committees in the first bill , and unto all the privy council and learned councel of her majesty being members of this house , masters attornies of the dutchy and court of wards , m r francis bacon , m r francis moore , m r serjeant harris and others , who were appointed to meet upon monday next in the house at two of the clock in the afternoon , after a question first had , whether it should be sitten upon in committee this afternoon ; and was upon the division of the house upon the difference of forty six persons , ( viz. with the yea for this day ninety five , and with the no for monday a hundred sixty one ) ordered to be sitten in committee on monday next as aforesaid . thus far out of the original journal-book of the house of commons ; the residue which fell out in the afternoon at the committee for monopolies or patents of priviledge , whose names see before on yesterday foregoing , is supplied out of the private journal . sir edward hobbie informed the house of the great abuse of the patentee for salt in his country , that betwixt michaelmas and s t andrews tide , where salt ( before the patent ) was wont to be sold for sixteen pence a bushel , it is now sold for fourteen or fifteen shillings a bushel ; but after the lord president had understanding thereof , he committed the patentee , and caused it to be sold for sixteen pence as before . this patent was granted to sir thomas wilkes , and after to one smith . to lyme there is brought every year above three thousand wey of salt , and every wey of salt is since the patent enhaunced to twenty shillings , and where the bushel was wont to be eight pence , it is now sixteen pence . and i dare boldly say it , if this patent were called in , there might well three thousand pound a year be saved in the ports of lyme , boston and hull . i speak of white salt. m r francis bacon said , the bill is very injurious and ridiculous ; injurious , in that it taketh or rather sweepeth away her majesties prerogative ; and ridiculous , in that there is a proviso , that this statute shall not extend to grants made to corporations : that is a gull to sweeten the bill withal , it is only to make fools fain . all men of the law know , that a bill which is only expository , to expound the common law , doth enact nothing ; neither is any promise of good therein . and therefore the proviso in the statute of hen. . of wills , ( which is but a statute expository of the statute of hen. . of wills ) touching sir john gainsfords will , was adjudged void . therefore i think the bill very unfit , and our proceedings to be by petition . m r sollicitor flemming said , i will briefly give account of all things touching these monopolies . her majesty in her provident care gave charge unto m r attorney and my self , that speedy and special order may be taken for these patents ; this was in the beginning of hillary term last : but you all know the danger of that time , and what great affairs of importance happened to prevent these businesses ; and since that time nothing could be done for want of leisure . sir robert wroth said , i would but note , m r sollicitor , that you were charged to take order in hillary term last ; why not before ? there was time enough ever since the last parliament . i speak it and i speak it boldly , these patentees are worse than ever they were : and i have heard a gentleman affirm in this house , that there is a clause of revocation in these patents ; if so , what needed this stir of scire facias , quo warranto and i know not what , when it is but only to send for the patentees , and cause a redelivery ? there have been divers patents granted since the last parliament ; these are now in being , viz. the patents for currants , iron , powder , cards , ox-shin bones , train oyl , transportation of leather , lists of cloth , ashes , anniseeds , vinegar , sea-coals , steel , aquavitae , brushes , pots , salt-peter , lead , accidences , oyl , calamint stone , oyl of blubber , fumathoes or dryed piltchers in the smoak and divers others . upon the reading of the patents aforesaid m r hackwell of lincolns-inn stood up and asked thus ; is not bread there ? bread quoth one , bread quoth another ; this voice seems strange quoth another ; this voice seems strange quoth a third : no quoth m r hackwell , if order be not taken for these , bread will be there before the next parliament . m r heyward townesend of lincoln's-inn said ; i seeing the disagreement of the committee , and that they would agree upon nothing , made a motion to this effect ; first to put them in mind of a petition made the last parliament , which though it took no effect , yet we should much wrong her majesty and forget our selves , if we should think to speed no better now in the like case ; because then there was a commitment for this purpose , and the committees drew a speech which was delivered by the speaker word for word at the end of the parliament , but now we might help that by sending our speaker presently after such a committee and speech made , with humble suit not only to repeal all monopolies grievous to the subject , but also that it would please her majesty to give us leave to make an act that they might be of no more force , validity or effect than they are at the common law without the strength of her prerogative . which though we might now do , and the act being so reasonable we might assure our selves her majesty would not delay the passing thereof , yet we her loving subjects , &c. would not offer without her privity or consent ( the cause so nearly touching her prerogative ) or go about to do any such act. and also that at the committee which should make this speech , every member of this house which either found himself , his town or country grieved , might put in ( in fair writing ) such exceptions against monopolies , as he would justifie to be true ; and that the speaker might deliver them with his own hands , because many obstacles and hindrances might happen . m r francis bacon after a long speech concluded thus in the end . why , you have the readiest course that possibly can be devised , i would wish no further order be taken , but to prefer the wise and discreet speech made by the young gentleman ( even the youngest in this assembly ) that last spake . i will tell you , that even ex ore infantium & lactantium , the true and most certain course is propounded unto us . so the house as it should seem agreed thereunto , and appointed to meet on monday next post meridiem , at which time all the aforesaid matters past . on monday the th day of november , three bills had each of them one reading ; of which the first being the bill for confirmation of the grant of the hospitals of christ , bridewell and s t thomas the apostle was read the second time , and committed to the former committees ( who were appointed on tuesday the th day of this instant november foregoing ) and sir george moore , m r paule , m r edward moore and m r barnham were added to the former committees , who were appointed to meet upon wednesday next in the exchequer chamber at two of the clock in the afternoon . m r symnell one of the committees in the bill touching m r markham , shewed the mind of the committees to be , and also delivered sundry reasons , that it is a bill fit to rest and not to be any further dealt in by this house . the bill that sir anthony mayney knight , and anthony mayney his son may be enabled to dispose of his lands , &c. was upon the second reading committed unto sir robert wroth , sir edward hobbie , sir george moore , sir william wray , sir moyle finch , sir michaell sandes and others , who were appointed to meet to morrow in the afternoon in the middle-temple hall at two of the clock . the bill to reform the abuse of taintering cloth was read the second time , and upon the question ordered not to be committed , and upon another question rejected . the bill of monopolies was read , to which m r spicer spake and said , m r speaker , i think it were good this bill were committed ; i am no apostate , but i stick to the former faith and opinion that i was of , that by way of petition will be our safest course ; for it is to no purpose to offer to tie her hands by act of parliament , when she may loosen her self at her pleasure . i think it were a course nec gratum , nec tutum . and therefore the best way is to have a committee to consider what course shall be proceeded in ; for i doubt not but we be all agreed of the reformation , though not of the manner . m r davies said , god hath given that power to absolute princes which he attributeth to himself , dixi quod dii estis . and as attributes unto them he hath given majesty , justice and mercy ; majesty , in respect of the honour that the subject sheweth to his prince ; justice , in respect he can do no wrong , therefore the law is hen. . that the king cannot commit a disseizin ; mercy , in respect he giveth leave to subjects to right themselves by law : and therefore in assis. an indictment was brought against bakers and brewers , for that by colour of licence they had broken the assize ; wherefore according to that precedent i think it most fit to proceed by bill not by petition . m r secretary cecill said , if there had not been some mistaking or some confusion in the committee , i would not now have spoken . the question was of the most convenient way to reform these grievances of monopoly : but after disputation , of the labour we have not received the expected fruit . if every man shall take leave to speak for the common subject , i am afraid in these vast powers of our mind , we shall dispute the project and reformation quite out of doors . this dispute draws two great things in question ; first the princes power ; secondly the freedom of englishmen . i am born an englishman and am a fellow-member of this house ; i would desire to live no day , in which i should detract from either . i am servant unto the queen , and before i would speak or give consent to a case that should debase her prerogative or abridge it , i would wish my tongue cut out of my head . i am sure there were law-makers before there were laws . one gentleman went about to possess us , with the execution of the law in an antient record of o or o edwardi . likely enough to be true in that time , when the king was afraid of the subject . though this precedent be a substance , yet it is not the whole substance of the parliament . for in former times ; all sate together as well king as subject , and then it was no prejudice to his prerogative to have such a monopoly examined . if you stand upon law and dispute of the prerogative , heark ye what bracton saith , praerogativam nostram nemo audeat disputare . and for my own part i like not these courses should be taken . and you m r speaker , should perform the charge her majesty gave unto you in the beginning of this parliament , not to receive bills of this nature ; for her majesties ears be open to all grievances , and her hand stretcht out to every mans petitions . for the matter of access i like it well , so it be first moved and the way prepared . i had rather all the patents were destroyed than her majesty should lose the hearts of so many subjects as is pretended . i will tell you what i think of these monopolies : i take them to be of three natures , some of a free nature and good , some void of themselves , some both good and void . for the first , when the prince dispenses with a penal law that is left to the alteration of sovereignty , i think it powerful and irrevocable . for the second , as to grant that which taketh from the subject his birthright , such men as desire these kind of patents , i account them misdoers and wilful and wicked offenders . of the third sort is the licence for the matter of cards , &c. and therefore i think it were fit to have a new commitment to consider what her majesty may grant , what not ; what course we shall take , and upon what points . m r doctor stanhop and d r hone were sent from the lords with a bill intituled , an act for the uniting of eye and dunsden to the mannor of sunning . m r mountague said , i am loth to speak what i know , lest perhaps i should displease . the prerogative royal is that which is now in question , and which the laws of the land have ever allowed and maintained . then my motion shall be but this , that we may be suitors unto her majesty , that the patentees shall have no other remedies than by the laws of the realm they may have ; and that our act may be accordingly . m r martin said , i think the common grievance and the queens prerogative have inspired this gentleman that last spake ( whom for reverence sake i must needs name , m r mountague ) to make that motion which he hath done . and because the house seems greatly to applaud it , may it please you m r speaker , to put it to the question , whether that shall be determined of at the committee . now the committees were , all the privy council being members of this house , and the queens learned councel members likewise of this house , all the knights of the shires , sir george moore , m r d r bennet , m r hide , m r winch , sir charles cavendish , sir percival hart , m r thinn , mr. downhalt , mr. martm and divers others , together with the knights and citizens for london , the barons of the ports , m r lieutenant of the tower and m r doctor caesar , who were appointed to meet this afternoon in this house at two of the clock , to have conference and to agree upon some course to be taken touching patents of priviledges , and to report unto this house of their resolutions therein accordingly . the bill against pluralities of benefices had its first reading . all the bills committed touching cloths are appointed to be dealt in to morrow in the afternoon in the middle-temple hall. m r moore brought in a bill drawn by the committees in the bill for the repealing and continuance of the statutes ( whose names see on thursday the th day of this instant november foregoing . thus far of this dayes passages out of the original journal-book of the house of commons . post meridiem . the committees for the great business of monopolies and patents of priviledge being met , there was shewed amongst them a note or catalogue of divers of them , and to whom they were granted , which was as followeth , only altered in some places for order sake . to sir henry nevill the patent for ordnance . to sir jerom bowes the patent for glasses . to simon furner the patent for lists , shreds and horns to be transported . to sir henry noell the patent for stone pots and bottles . to brian anusley the patent for steel . to eliz. matthewes the patent for oyl of blubbers . to richard drake a patent for aqua composita & aquavitae . to michaell stanhop a patent for spanish woolls . to thomas cornwallis the licence to keep unlawful games . to william carr a patent for brewing of beer to be transported . to john spillman a patent to make paper . to edward darcie a patent for cards . to sir john packington a patent for starch . to sir walter raleigh a patent for tin. to william wade esq the making of sulphur , brimston and oyl . to james chambers a licence for tanning . to william watkins and james roberts a licence to print almanacks . to richard welsh to print the history of cornelius and tacitus . to john norden to print speculum britanniae . to certain merchants to traffick . to william allin to sow six hundred acres of ground with oade . to m r heyle to provide steel beyond the seas . to m r robert alexander for anniseeds . to edward darcie a patent for steel . to valentine harris to sow six hundred acres with oade . to sir henry singer touching the printing of school-books . to arthur bassany a licence to transport six thousand calf-skins . to thomas morley to print songs in three parts . to sir john packington for starch and ashes . to thomas wight and bonnam norton to print law-books ; and divers others of no great moment touching the transportation of iron and tin , the sowing of hemp and flax , the gashing of hydes , the forfeiture of grigg mills , the making of mathematical instruments , the making of saltpeter , the printing of the psalms of david , and touching fishers , pouldavies and certain forfeitures . these monopolies were most of them shewed to the committees by secretary cecill , and to have been granted since the sixteenth year of the queens majesties reign ; for in the seventeenth year of her reign , he shewed that a patent was first granted to robert sharp to make spangles and oes of gold ; and then in the eighteenth year of her majesty a patent was granted to sir edward dyer to pardon , dispense and reserve all forfeitures and abuses committed by tanners contrary to the statute . and that the greatest part of the before-mentioned patents of priviledge or monopolies had been granted since . whereupon after m r davies had moved to have these monopolies proceeded against by bill , and m r martin had moved to have them rather dealt in by petition to her majesty , and that the house had heard the particular relation of the said monopolies , there was nothing done or concluded upon , but a meeting appointed on tuesday in the afternoon . on tuesday the th day of november the bill touching painter-stainers and abuses in painting was read the second time , and committed unto sir robertwroth , sir george moore , m r maynard , m r cope , m r doctor parkins and others , who were appointed to meet this afternoon in the exchequer chamber at two of the clock , and the bill with the committees names was delivered to m r pindar one of the same committees . the bill touching the garbling of spices was read the second time , and committed to the last former committees for painters , and the queens learned councel were added unto them . the bill touching the lordships of landoflowre alias landovorowre was read the second time , and committed unto the knights and burgesses for wales , the burgesses for hereford , m r owen , m r philipps and others , who were appointed to meet to morrow in the temple-church at two of the clock in the afternoon , and the bill was delivered to m r philipps . the bill for reformation of abuses used in the art or mystery of imbroidering was read the second time and rejected , as was also the bill for mollineux after it had been read the second time and put to the question . sir francis hastings made report of the meeting of the committees in the bill touching ale-houses ( who were appointed on thursday the th day of this instant november foregoing ) with some amendments in the same . the amendments in the bill touching ale-houses were twice read , and the bill ordered to be ingrossed . sir edmund morgan a member of this house being served with a subpoena to appear in the chancery this present day , and also m r pemerton another member of this house likewise served with a subpoena out of the chancery at the suit of sir walter raleigh and sir carew raleigh , prayeth the priviledge , which by order of this house was granted . the bill against blasphemous swearing was read the second time and committed to the former committees in the bill touching swearing ( who were appointed on tuesday the th day of this instant november foregoing ) and to meet in this house in the committee chamber to morrow morning : the bill against double payment of debts upon shop-books was read the first time . the bill for the making of parks of the impaled grounds of noblemen and gentlemen was read the second time , and upon the question and division of the house dashed , with the yea a hundred and eleven , and with the no a hundred fifty one . thus far of this dayes passages out of the original journal-book of the house of commons . upon some loud confusion in the house touching some private murmur of monopolies , m r secretary cecill said , the duty i owe and the zeal to extinguish monopolies makes me to speak now , and to satisfy their opinions that think there shall be no redress of these monopolies . order is attended with these two handmaids , gravity and zeal ; but zeal with discretion . i have been ( though unworthy ) a member of this house in six or seven parliaments , yet never did i see the house in so great confusion . i believe there never was in any parliament a more tender point handled than the liberty of the subject , that when any is discussing this point , he should be cried and cought down . this is more fit for a grammar-school than a court of parliament . i have been a counsellor of state this twelve years , yet did i never know it subject to construction of levity and disorder . much more ought we to be regardful in so great and grave an assembly . why , we have had speeches upon speeches , without either order or discretion . one would have had us proceed by bill , and see if the queen would have denied it : another , that the patents should be brought here before us and cancelled ; and this were bravely done . others would have us to proceed by way of petition , which course doubtless is best ; but for the first , and especially for the second , it is so ridiculous , that i think we should have as bad success as the devil himself would have wished in so good a cause . why , if idle courses had been followed , we should have gone forsooth to the queen with a petition to have repealed a patent of monopoly of tabaco pipes ( which m r wingfields note had ) and i know not how many conceits : but i wish every man to rest satisfied till the committees have brought in their resolutions according to your commandments . on wednesday the th day of november , three bills of no great moment had each of them one reading ; of which the last being the bill for the levying of fines in the county and city of chester was read the second time , and committed unto all the queens learned councel being of this house , the knights and burgesses for the county and city of chester , sir john egerton and others , who were appointed to meet upon friday next in the inner-temple hall at two of the clock in the afternoon . sir edward hobbie made report of the committees travel in the bill touching m r nevill , and delivered in the bill with some amendments and a proviso . the amendments and proviso in the bill for mr. nevill were twice read , and ordered with the bill to be ingrossed , and not to be read the third time , until her majesties pleasure be further known , to be signified unto this house by mr. sollicitor , mr. speaker , or some other thereunto appointed . the amendments in the bill touching trifling suits were twice read , and with the bill ordered to be ingrossed . the bill to prevent double payment of debt upon shop-books was read the second time and committed unto sir walter raleigh , mr. beeston , sir francis hastings and others ; and the bill was delivered to mr. beeston , who with the rest was appointed to meet in the inner-temple hall at two of the clock in the afternoon upon friday next . the committees for the exchequer bill ( who were appointed on saturday the th day of this instant november foregoing ) brought in the bill with some amendments , and after some speeches therein had , upon the question resolved , that it should be presently recommitted to be considered of in the committee chamber of this house , and thereunto are appointed mr. mountague , mr. winch , sir robert wroth , mr. jones , mr. martin , mr. tate , mr. johnson , &c. mr. henry mountague brought in the bill touching process and pleadings in the court of exchequer , with report of the amendments . the amendments in the bill for orders in the court of exchequer were twice read , and with the bill ordered to be ingrossed . mr. speaker ( after a silence , and every man marvelling why the speaker stood up ) spake to this effect . it pleased her majesty to command me to attend upon her yesterday in the afternoon , from whom i am to deliver unto you all , her majesties most gracious message sent by my unworthy self . she yields you all hearty thanks for your care and special regard of those things that concern her state , kingdom , and consequently our selves , whose good she had always tendred as her own ; for our speedy resolution in making of so hasty and free a subsidy , which commonly succeeded and never went before our councels ; and for our loyalty : i do assure you with such and so great zeal and affection she uttered and shewed the same , that to express it , our tongues are not able , neither our hearts to conceive it . it pleased her majesty to say unto me , that if she had an hundred tongues she could not express our hearty earty good wills. and further she said , that as she had ever held our good most dear , so the last day of our ( or her ) life should witness it ; and that the least of her subjects was not grieved , and she not touched . she appealed to the throne of almighty god , how careful she hath been and will be to defend her people from all oppressions . she said , that partly by intimation of her council , and partly by divers petitions that have been delivered unto her both going to the chapel and also to walk abroad , she understood that divers patents , which she had granted , were grievous to her subjects ; and that the substitutes of the patentees had used great oppressions . but she said , she never assented to grant any thing which was malum in se. and if in the abuse of her grant there be any thing evil ( which she took knowledge there was ) she her self would take present order of reformation . i cannot express unto you the apparent indignation of her majesty towards these abuses . she said that her kingly prerogative ( for so she termed it ) was tender ; and therefore desireth us not to fear or doubt of her careful reformation ; for she said , that her commandment was given a little before the late troubles ( meaning the earl of essex's matters ) but had an unfortunate event : but that in the middest of her most great and weighty occasions , she thought upon them . and that this should not suffice , but that further order should be taken presently and not in futuro ( for that also was another word which i take it her majesty used ) and that some should be presently repealed , some suspended , and none put in execution , but such as should first have a tryal according to the law for the good of the people . against the abuses her wrath was so incensed , that she said , that she neither could nor would suffer such to escape with impunity . so to my unspeakable comfort she hath made me the messenger of this her gracious thankfulness and care. now we see that the axe of her princely justice is laid to the root of the tree ; and so we see her gracious goodness hath prevented our counsels and consultations . god make us thankful , and send her long to reign amongst us . if through weakness of memory , want of utterance or frailty of my self , i have omitted any thing of her majesties commands , i do most humbly crave pardon for the same : and do beseech the honourable persons which assist this chair and were present before her majesty at the delivery hereof , to supply and help my imperfections ; which joined with my fear have caused me ( no doubt ) to forget something which i should have delivered unto you . after a little pause and silent talking one with another , m r secretary cecill stood up and said , there needs no supply of the memory of the speaker : but because it pleased him to desire some that be about him to aid his delivery , and because the rest of my fellows be silent , i will take upon me to deliver some thing which i both then heard , and since know . i was present with the rest of my fellow counsellors , and the message was the same that hath been told you ; and the cause hath not succeeded from any particular course thought upon , but from private informations of some particular persons . i have been very inquisitive of them and of the cause , why more importunity was now used than afore , which i am afraid comes by being acquainted with some course of proceeding in this house . there are no patents now of force , which shall not presently be revoked ; for what patent soever is granted , there shall be left to the overthrow of that patent , a liberty agreeable to the law. there is no patent if it be malum in se , but the queen was ill apprized in her grant. but all to the generality be unacceptable . i take it , there is no patent whereof the execution hath not been injurious . would that they had never been granted . i hope there shall never be more , ( all the house said amen . ) in particular most of these patents have been supported by letters of assistance from her majesties privy council ; but whosoever looks upon them shall find , that they carry no other stile , than with relation to the patent . i dare assure you that from henceforth there shall be no more granted . they shall all be revoked . but to whom do they repair with these letters ? to some out-house , to some desolate widow , to some simple cottage , or poor ignorant people , who rather than they would be troubled and undo themselves by coming up hither , will give any thing in reason for these caterpillars satisfaction . the notice of this is now publick , and you will perhaps judge this to be a tale to serve the time . but i would have all men to know thus much , that it is no jesting with a court of parliament , neither dares any man ( for my own part i dare not ) so mock and abuse all the states of this kingdom in a matter of this consequence and importance . i say therefore there shall be a proclamation general throughout the realm to notify her majesties resolution in this behalf . and because you may eat your meat more savourly than you have done , every man shall have salt as good cheap as he can either buy it or make it , freely without danger of that patent , which shall be presently revoked . the same benefit shall they have which have cold stomachs , both for aquavitae and aqua composita and the like . and they that have weak stomachs , for their satisfaction , shall have vinegar and alegar , and the like set at liberty . train oyl shall go the same way ; oyl of blubber shall march in equal rank ; brushes and bottles endure the like judgment . the patent for pouldavy , if it be not called in , it shall be oade ; which as i take it is not restrained either by law or statute , but only by proclamation ( i mean from the former sowing ) though for the saving thereof it might receive good disputation . yet for your satisfaction , the queens pleasure is to revoke that proclamation ; only she prayeth thus much , that when she cometh on progress to see you in your countries ; she be not driven out of your towns by suffering it to infect the air too near them . those that desire to go sprucely in their ruffs may at less charge than accustomed obtain their wish ; for the patent for starch , which hath so much been prosecuted , shall now be repealed ; there are other patents which be considerable , as the patent of new drapery , which shall be suspended and left to the law ; irish yarn , a matter that i am sorry there is no cause of complaint ; for the salvageness of the people and the war hath frustrated the hope of the patentee , a gentleman of good service and desert , a good subject to her majesty , and a good member of the common-wealth , m r carmarthen . notwithstanding it shall be suspended and left to the law. the patent for calf-skins and fells , which was made with a relation , shall endure the censure of the law. but i must tell you , there is no reason that all should be revoked , for the queen means not to be swept out of her prerogative . i say it shall be suspended , if the law do not warrant it . there is another servant of her majesties m r onslow , one of her pensioners , an honest gentleman and a faithful servant , he hath the patent for steel , which one m r beale once had ; this too because of complaints shall be suspended . there is another that hath the patent for leather , sir edward dyer , a gentleman of good desert , honest , religious and wise ; this was granted unto him thirty years ago . it crept not in by the new misgovernment of the time : yet this shall also be suspended . the patent for cards shall be suspended and tryable by the common law. the patent for glasses , which though i do least apprehend to be prejudicial to the publick good , yet it is lest to the law. there is another patent for saltpeter , that hath been both accused and slandered ; it digs in every mans house , it annoys the inhabitant , and generally troubleth the subject : for this i beseech you be contented . yet i know i am to blame to desire it , it being condemned by you in foro conscientiae ; but i assure you it shall be fully sifted and tryed in foro judicii . her majesty means to take this patent 〈◊〉 her self , and advise with her council touching the same . for i must tell you the kingdom is not so well furnished with powder now as it should be . but if it be thought fit upon advice to be cancelled ; her majesty commanded me to tell you , that though she be willing to help the grave gentleman that hath that patent , yet out of that abundant desire that she hath to give you compleat satisfaction , it shall be repealed . this hath come to the ear of the queen , and i have been most earnest to search for the instrument , and as a counsellor of state , have done my best endeavour to salve the sore ; but i fear we are not secret within our selves . then must i needs give you this for a future caution , that whatsoever is subject to publick expectation cannot be good , while the parliament matters are ordinary talk in the street . i have heard my self , being in my coach , these words spoken aloud , [ god prosper those that further the overthrow of these monopolies , god send the prerogative touch not our liberty . ] i will not wrong any so much as to imagine he was of this assembly ; yet let me give you this note , that the time was never more apt to disorder and make ill interpretation of good meaning ; i think those persons would be glad that all sovereignty were converted into popularity ; we being here , are but the popular branch , and our liberty , the liberty of the subject : and the world is apt to slander most especially the ministers of government . thus much have i spoken to accomplish my duty unto her majesty , but not to make any further performance of the well uttered and gravely and truly delivered speech of the speaker . but i must crave your favours a little longer to make an apology for my self . i have held the favour of this house as dear as my life , and i have been told that i deserved to be taxed yesterday of the house . i protest my zeal to have the business go forward in a right and hopeful course ; and my fear to displease her majesty by a harsh and rash proceeding made me so much to lay aside my discretion , that i said it might rather be termed a school than a council , or to that effect . but by this speech if any think i called him school-boy , he both wrongs me and mistakes me . shall i tell you what demosthenes said to the clamours which the athenians made , that they were pueriles & dignos pueris . and yet that was to a popular state. and i wish that whatsoever is here spoken may be buried within these walls . let us take example of the jewish synagogue , who would always sepelire senatum cum honore , and not blast their own follies and imperfections . if any man in this house speak wisely , we do him great wrong to interrupt him ; if foolishly , let us hear him out , we shall have the more cause to tax him . and i do heartily pray that no member of this house may plus verbis offendere quàm consilio juvare . m r francis moore said , i must confess m r speaker , i moved the house both the last parliament and this touching this point , but i never meant ( and i hope this house thinketh so ) to set limits and bounds to the prerogative royal. but now seeing it hath pleased her majesty of her self , out of the abundance of her princely goodness , to set at liberty her subjects from the thraldom of those monopolies , from which there was no town , city or country free ; i would be bold in one motion to offer two considerations to this house ; the first , that m r speaker might go unto her majesty to yield her most humble and hearty thanks and withal to shew the joy of her subjects for their delivery , and their thankfulness unto her for the same ; the other , that where divers speeches have been made extravagantly in this house , which doubtless have been told her majesty , and perhaps all ill conceived of by her , i would therefore that m r speaker not only should satisfy her majesty by way of apology therein , but also humbly crave pardon for the same . mr. wingfield said , my heart is not able to conceive the joy which i feel , and i assure you my tongue cannot utter the same . if a sentence of everlasting happiness had been pronounced unto me , it could not have made me shew more outward joy than now i do , which i cannot refrain to express ( and here as i think he wept ) there could nothing have been more acceptable to the subject than this message . and i verily think , if ever any of her majesties words be meritorious before god , this is . i do agree withall my heart in the first part of the gentlemans motion that last spake ; but do utterly mislike the latter : for it is not to be intended , we should have had so good and gratious a message , if the truth of some particular speeches had been delivered unto her . and now for us to accuse our selves by excusing a fault with which we are not charged , were a thing in my opinion inconvenient , and unfitting the wisdom of this house . mr. george moore spake to the same effect . sir francis bacon spake to the same effect also , and in the end concluded thus , neseio quid peccati portet haec purgatio . so it was put to the question and concluded , that thanks should be returned by the speaker , and some twelve were named to go with him as a convenient number , and intreaty made to the privy council to obtain liberty to be admitted . on thursday the th day of november the bill for the amendment of the highway called double sole green in the county of middlesex was read the first time . mr. fretchvill offered to the consideration of the house a bill to reform the abuses in weights and measures , and declared the necessity of reformation therein , and prayeth the reading . two bills of no great moment had each of them one reading ; of which the second being the bill touching feltmakers was read the second time and committed unto the knights and citizens for london , sir george moore , the knights for middlesex and surrey , mr. wiseman and others , who were appointed to meet upon saturday next in the middle-temple hall at two of the clock in the afternoon . two bills had each of them one reading ; of which the second being the bill for the better furnishing of her majesties navy royal touching cordage , was upon the first reading rejected . mr. doctor parkins made report of the meeting of the committees in the bill for the benefit of merchants , and advancement of her majesties custom ; and that the committees do think it a bill in their opinions not to be any more dealt in by this house for many reasons by him delivered . the bill for the grant of four entire subsidies and eight fifteenths and tenths granted by the temporalty was read the first time . ( vide concerning this bill on saturday the th day of december next following . ) mr. jones one of the committees in the bill for landoveroure ( who were appointed on tuesday the th of this instant november foregoing ) certifieth in the bill with some amendments therein by the committees . m r secretary cecill said , if i should tell you otherwise than truth in matter of so great consequence , i should need no other process than my own conscience ; that to so gratious a message there was never returned more infinite thanks , we all are assured . from the queen i have received a short answer in these words . [ you can give me no more thanks for that which i have promised , than i can and will give you thanks for that which you have already performed ] meaning the subsides and fifteenths . so inseparable are the qualities of the prince and the subject : good for the one and for the other . if by true interpretation of the law , voluntas reputatur pro facto ; you shall not need , your good will being already known , use any actual thanks ; neither will she receive any , till by a more affected consummation she hath compleated that work : at that time she will be well pleased to receive your thanks and to return to you her best favours . ( vide concerning this matter on saturday the th day of december following ) on friday the th day of november four bills had each of them one reading ; of which the last being the bill for the enlarging of the statute of the first year of her majesties reign touching the breed of fish , was read the first time and rejected . two bills of like consequence had each of them one reading ; of which the second being the bill for the true payment of tythes within the walls of the city of norwich , was read the second time and committed unto the citizens for norwich , sir francis hastings , m r fretchvill , the knights for norfolk , m r john hare and others , who were appointed to meet in the exchequer chamber at two of the clock in the afternoon . sir francis hastings offered a new bill touching resorting to the church on sunday , and prayed the acceptance thereof and the reading . the bill for the more diligent resorting to the church on sunday had its first reading . thus far of the passages of this day out of the original journal-book of the house of commons , the residue is out of the private journal . the speaker stood up and wisht the house to advise what they would do with the prisoners that served sir edmund morgan and m r pemerton with subpoena's , and shewed that they were ready at the door to attend . m r tate said , i will be bold to offer two precedents to this house touching serving of subpoena's ; yet first let us enter into consideration of the force of the priviledges we now have . it is manifest , and i think no man doubteth , but that heretofore the houses of parliament were both one without division ; and that the united body of the parliament had the same priviledges and jurisdictions which we now have . and though there be session or separation of the united body , yet the priviledges do remain still entire . for by most antient records of this realm it may plainly appear , that the same priviledges serve both houses . the first precedent is in king edward the first his dayes , when the templers had certain tenants of the parliament house which were behind with their rents , and they made humble petition to the king , that they might either distrain their bodies or goods for the same . the king as it appeareth , answered , non videtur honestum quòd aliquis de magno parliamento nostro distringatur . so that it seems we are priviledged from all kind of distress whatsoever . the second is one pogo de clare , who did presume to serve a citation upon edmond earl of cornwall within westminster-hall as he was going to the parliament house , for which he was sent to the tower , and made to submit himself de alto & basso , and a fine of twenty thousand marks imposed upon him , which he truly paid . besides , because westminster-hall was within the precinct liberties of the abbot of westminster he was fined a thousand pound for that contempt : but by mediation of the bishop it was remitted to a hundred pound , which he also truly paid to the abbot . and our use at this day is not warranted by antient course of precedents ; for if a man had been arrested upon a subpoena , upon notice given he should have had a writ of priviledge , which of course her majesty must have allowed . then he made a long speech upon trewinnard and skewish's case hen. . dyer fol. . pl. . & h. . . pl. , &c. see the book at large . m r bretten shewed , that a member of this house ( m r philips the lawyer ) was served with a privy-seal out of the court of wards , by one thomas deane servant to one m rs chamberlain a widow ; who when he delivered the process , being told it would be taken in evil part by the house , said , he cared not ; and that the house would punish him for it and bring him on his knees , he answered , his mistress would 〈◊〉 him out , and she made no doubt but she should find as good friends there as he had . whereupon the house willed that she and her servant should be sent for by the serjeant . m r holcrost shewed the house that many complaints were made , but none punished ; many sent for , but none appeared . there was a matter complained of by one m r morrice a gentleman that had his man arrested at his heels by the sheriffs of shrewsbury , and nothing was done therein . m r morrice said , that after the house had given order to the serjeant to go , he came ( said he ) unto me to certifie him of the parties and of the particulars . and what he hath since done therein i know not . m r roger owen said , may it please you m r speaker , my self being chosen for the shire , think it my part to speak something , seeing the burgesses for the town neglect their duties in not speaking . true it is , that such order was given from the house , but the gentleman m r morrice and some others being willing to let me have the examination of the matter , came before me , and upon examination ( a wise examination no doubt , quoth m r secretary ) i sound that he was no menial servant , but only a servant that brought him part of the way , and was to go no further with him towards the parliament . whereupon i think the serjeant having so much notice , stayed . m r browne of grayes-inn said , m r speaker , it seemeth this matter is shufled up , i humbly pray the serjeant may be heard . and all the house cryed i , i. after three congies made the serjeant shewed , that he was with m r morrice , and that he offered him to send one of his men , but because he was in doubt of finding them , he desired some part of his fees , or money for his charges or horses , or else he would find horses , or get one of his fellow serjeants to go , because he could not well be spared from this service ; if not , he would for his more expedition procure a pursevant to go with a warrant under m r speaker's hand , and some of the honourable of the councel in this house for the more speedy passage . all which courses m r morrice rejected . and i hope the house meant not i should go or send on my own purse , or hazard the charge my self . and therefore i hope this will be sufficient for my discharge . and all the house cryed i , i , i. so no more was said of that matter , for the speaker seemed to favour the cause , and therefore he presently stood up and asked if the house would have the prisoners in , which served sir edmund morgan and m r pemerton ; and by this shift the former matter was shufled up . christopher kennell and william mackerells were brought to the bar , the one for serving sir edmund morgan with a subpoena , the other with serving mr. pemerton with the like writ . christopher kennell said , m r speaker , and the rest of this honourable house , i am ( though poor ) a gentleman born and known to many in this assembly ; this perhaps may be a cause to aggravate my offence . i hope there is no man that doth not know me , and i am sure there is no man which doth know me , but thinketh , i would not willfully commit such an offence as this is . i have been sometimes ( though unworthy ) a member of this house , and i have seen and known the justice of the house in the like cases : but m r speaker , if there be either honesty or christianity in me , by the same i do protest that i knew not sir edmund morgan was of this house of parliament , which i think he will avouch himself . and as soon as i heard it , i went to sir edmund's chamber , where i found him , to reconcile my self and make an atonement ( for that was his word ) with him . as i was doing this , m r serjeant came into the chamber and there arrested me ; whose arrest i most willingly obeyed , and do now acknowledge my self to have offended though not wittingly . may it please you , i have served her majesty these eighteen years in her wars , and in all my life i was never trespasser in any offence of this or the like nature . i do therefore most humbly beseech you in your wisdoms to have consideration of the nature and circumstances of mine offence , and most willingly i do submit my self to your censures . william mackerells being a poor simple fellow could say nothing for himself , but only that he knew not m r pemerton to be of the house , no not for his life , if it , &c. so the serjeant was commanded to remove them forth . mr. johnson said , some we pardon out of discretion , some out of commiseration , i think set all parliaments together , they will not match this parliament with numbers of this nature ; only impunity , the cause . sir edmund morgan said , the gentleman ( mr. speaker ) is a man of good desert , sort and carriage ; and i think if he had known me to have been of this house , he would not have served me with the subpoena . truly he came to my lodging and acknowledged his great fault , and prayed me to extenuate it . i protest i think he did not know i was of the house . and therefore i humbly pray that in regard of his person and good service done to her majesty , his offence may be as freely remitted by the house as it is by me ; and that it would please you all to reserve your justice to matters of greater importance . which-speech was marvellous well liked of by the house . m r pemerton being asked what he could say , whether william mackerells knew him ; he answered , i , and that his men had told him . he said he knew that the said william was a very knave , and therefore he would not entreat the favour of the house , but let him have the justice of the house . which speech was generally misliked as churlish . m r fleetwood a counsellor of grayes-inn shewed unto the house that one holland a scrivener by temple-bar , and his man had beaten his servant ; and he humbly prayed they might be sent for . and the question grew upon dispute whether this were punishable . and after upon a precedent vouched by m r roger owen of hen. . touching a knight of the parliament coming towards the parliament . and so agreed they should be sent for . see the whole matter on saturday next . m r kennell and m r mackerells were brought to the bar , and after their offences laid open by the speaker , he said , it pleased the house to have so favourable consideration of their offences , that they should only have three dayes imprisonment in the custody of the serjeant and pay him their fees. m r downald moved the house , first , that that gracious message which had been sent from her majesty might be written in the books of records of this house , ( being worthy to be written in gold ) as well as it is written and fixed in the true heart of every good subject ; secondly , that the honourable assembly of this house would move her majesty and be earnest means of speed , lest that which is now meant indeed may by protraction of time be altered , or perhaps not so happily effected . m r secretary cecill said , i promised to be as silent as i could . among much speech of the wise , there wants not much folly , much more in me . i do not speak because i do dislike the motion of the gentleman that last spake , but to defend the diligence and grace of the queen . it is no matter of toy for a prince to notifie in publick a matter of this weight . though the idol of a monopoly be a great monster , yet after two or three days i doubt not but you shall see him dismember'd ; and i protest there is not any soul that lives deserves thanks in this cause but our sovereign . yesterday the queen gave order for a draught of a proclamation , i had it in my hand . you all know , i went even now out of the house ( that was in the middle of m r tate's speech ) then i read it , and sent for him that should deliver it to her hands . now what needs this new zeal ? m r davies said , m r speaker , i stood up before to speak , it is not much i had to say , only this , that which was delivered unto you from her sacred self , i think to be gospel , that is , glad tidings ; and as the gospel is registred and written , so would i have that also ; for if ever glad tidings came to the heart of the subject , they now come . this is all sir. sir george moore said , this eating and fretting disease of monopolies i have ever detested with my heart , and the greater the grievance is , the more inestimable is the grave wisdom of her majesty in repealing them . and therefore for us to think we can sufficiently requite the same , it were to hold a candle before the sun to dim the light. and seeing she in her clemency and care to us hath taken the matter in her own hands , i wish the matter may be no more spoke of , much less proceeded in . sir francis hastings said , it ought to be written in the tables of our hearts , &c. mr. lawrence hide said , i think the gentleman that set this motion on foot , spake out of joy for her majesties grace and zeal to have performance of her promise . in that he wished it might be recorded in paper here or parchment , it is not to be intended , but he meant also in our hearts , which remain no longer than we live ; but records remain long , and will give a lively memory in ages to come . and therefore for that part of his motion i think it very good , and wish the clerk may do it accordingly . mr. comptroller said , i think he that first moved this question , exceedingly forgot himself , and exceedingly detracted from her majesty , who i know out of her abundant love and grace to this house , hath taken such speedy course , as hath been delivered by my fellow counsellor . with that affection she embraceth this house , that in more familiar than princely sort , it hath pleased her to say , recommend me to the house with thanks for their promise and care for their common good . mr. speaker said , my heart is not able to conceive , nor my tongue to utter the joy i conceived of her majesties gracious and especial care for our good , &c. wherefore as god himself said , gloriam meam alteri non dabo , so may her majesty say , in that she her self will be the only and speedy agent for performance of our most humble and most wished desires . wherefore let us not doubt but as she hath been , so she still will be our most gracious sovereign and natural nursing mother unto us . whose dayes the almighty god prolong to all our comforts . all said amen . on saturday the th day of november , the bill for the maintenance of shipping and increase of mariners was read the first time . sir george moore one of the committees in the bill touching fines to be levyed in the county of the city of chester , brought in the bill amended by the committees . the amendments in the bill touching fines to be levyed in the county of the city of chester were twice read , and the bill was ordered to be ingrossed . the bill touching draining of grounds in the isle of ely and the counties of cambridge , huntington , &c. was read the second time and committed unto the queens learned councel being of this house , the knights and burgesses for the shires named in the bill , my lord clinton and others , who were appointed to meet upon tuesday next in the court of wards at two of the clock in the afternoon . mr. mountague made report of the meeting of the committees in the bill touching the jointure of the countess of bedford and proviso thereunto , which he brought in with some amendments . the amendments in the bill for the jointure of the countess of bedford and the proviso thereunto annext , were twice read , and with the bill ordered to be ingrossed . sir william wray shewed the meeting of the committees in the bill touching drunkenness with some amendments . the amendments in the bill touching drunkenness were twice read , and with the bill ordered to be ingrossed . two bills also had each of them one reading ; of which the second being the bill touching lands given to charitable uses , &c. was read the second time , and committeed to the committees for repeal of statutes ( whose names see on thursday the th day of november foregoing ) and there were added unto them the queens learned councel being members of this house , the masters of requests , sir edward stafford , sir edward hobbie and divers others , and appointed to meet in the exchequer chamber upon tuesday next at two of the clock in the afternoon . and the committees to have authority as well to put into the bill of repeal or in the bill of continuance of statutes the former act made in the last parliament touching lands given to charitable uses , as to deal in this present bill , if it shall so seem good unto them . m r secretary declared , that according to the direction of this house , her majesty hath been informed of the exceeding and inestimable joy and comfort which this house hath received by a message lately published sent from her highness by m r speaker ; and hath been likewise moved to signify her highnesses pleasure touching the determination of this house , in appointing mr. speaker with some selected company of the same to render the most humble and dutiful thanks of this whole house , for the said most gracious , most princely and comfortable message : and her gracious answer was , that her majesty being acquainted with the said desires of this house , did vouchsafe that mr. speaker with forty , fifty or a hundred of this house , such as should thereunto be appointed , should have access unto her majesty for the same purpose upon monday next in the afternoon at the court , and should be all welcome . whereupon were appointed the knights for all the shires , my lord hayward , my lord clinton , all knights members of this house , the citizens and knights for london , the masters of requests , mr. bacon , mr. francis lee , mr. dr. parkins , mr. warcup , mr. dr. bennet , mr. dr. james , mr. davies , mr. martin , and mr. simnel . robert holland scrivener and lawrence brook his servant were brought to the bar , and being charged by mr. speaker with their offence against this house in offering an abuse unto a member of the same in striking and ill intreating of mr. 〈◊〉 and his servant attending upon him 〈◊〉 presence ; it was upon the hearing and debating of the matter ordered upon the question , that the said robert holland and lawrence brook his servant should be committed prisoners to the serjeant of this house for the space of five days , and then to be discharged paying the fees of the serjeant and the clerk. the bill that the lord marquess of winchester may dispose of his lands whereof he is tenant in tayle , as other tenants in tayle by the laws and statutes of the realm may do , &c. was read the second time and committed unto all the privy council being members of this house , all the queen 's learned councel likewise ; sir robert wroth , sir fdward moore , sir francis hastings , sir walter raleigh and others ; and the bill and committees names were delivered to sir edward moore , who with the rest was appointed to meet upon wednesday next at two of the clock in the afternoon in the exchequer chamber . christopher hillyard esquire returned into this present parliament a burgess for the borough of heydon in the county of york , for that he is visited with sickness and thereby unable to give his attendance , is licensed by mr speaker to depart home . henry hastings esquire one of the knights for the county of leicester is licensed by mr. speaker for his necessary affairs to depart into his countrey , after having left with the serjeant ten shillings for the poor . on monday the . day of november , two bills had each of them one reading ; of which the second being the bill for repairing and amending of bridges near the city of carlisle in the county of cumberland was read the first time . m r d r caesar brought in the bill touching the making of a haven or pier on the north part of severn , &c. with some amendments . two bills also of no great moment had each of them one reading ; of which the first being the bill touching the poulterers of london , was read the first time and rejected . m r dale , one of the committees in the bill touching feltmakers ( who were appointed on thursday the th day of this instant november foregoing ) shewed the meeting of the committees , and brought in the bill with a proviso annext and some amendments . thus far of the passages of this day out of the original journal-book of the house of commons : now followeth a certain message by sir william knolls her majesties comptroller , which he delivered in her highnesses name unto the house , out of the private journal . mr. comptroller said , i am to certify you of her highness's gladness and willingness to hear the acceptable news that was delivered unto her from this house , of our humble and earnest desire all to see her majesty , and shew our thankfulness . she commanded me to tell you , that the reason of her limitation of having a convenient number was , that the place whereunto we should come was not big enough to receive us all ; but she saith that she is glad that there is such a sympathy betwixt her and us ; and she is well pleased that this afternoon at three of the clock we should attend her , and without restraint or limit we may all come and shall be very welcom . mr. barrington made report of the travel of the committees in the bill against blasphemous swearing ( who were appointed on tuesday the th day of this instant november foregoing ) and brought in the bill with some amendments . the bill for the grant of-four entire subsidies and eight fifteenths and tenths granted by the temporalty was read the second time and ordered to be ingrossed . vide concerning this bill on saturday the th day of december next following . the bill to avoid trifling and frivolous suits in law was read the third time and passed upon the question . the bill touching edward nevill of birling in the county of kent , and sir henry nevill knight his son and heir , was read the third time and passed upon the question . the proviso added to edward nevill his bill was thrice read , and likewise passed upon the question . francis fortescue esquire , returned one of the knights for the county of buckingham , is for his necessary affairs licensed by mr. speaker to depart into his own country . the greatest part of this forenoons passage being thus transcribed out of the original book of the house of commons ; now follows a question only moved by the speaker upon the rising of this house , as also his access unto her majesty in the afternoon with divers of the said house at whitehall , touching monopolies or patents of priviledge , out of the said private journal . the speaker asked the house , what it was their pleasures he should deliver unto her majesty ? and sir edward hobbie stood up and said , it was best he should devise that himself , the whole house would refer it to him , and all said i , i , i. in the afternoon about three of the clock , some sevenscore of the house met at the great chamber before the council chamber in whitehall . at length the queen came into the council chamber where sitting under the cloth of state at the upper end , the speaker with all the company came in , and after three low reverences made he spake to this effect . most sacred and most gracious sovereign we your faithful , loyal and obedient subjects and commons here present , vouchsafed of your especial goodness ( to our unspeakable comfort ) access to your sacred presence , do in all duty and humbleness come to present that which no words can express , most humble and thankful acknowledgement of your most gracious message , and most bounden and humble thanks for your majesties most abundant goodness extended and performed to us . we cannot say , most gracious soveraign , we have called and been heard , we have complained and have been helped ; though in all duty and thankfulness we acknowledge , your sacred ears are ever open , and ever bowed down to hear us , and your blessed hands ever stretched out to relieve us ; we acknowledge , ( sacred sovereign ) in all duty and thankfulness we acknowledge , that before we call , your preventing grace and all-deserving goodness doth watch over us for our good , more ready to give than we can desire , much less deserve . that attribute which is most proper unto god , to perform all he promiseth , appertaineth also unto you our most gracious soveraign queen , of all truth , of all constancy , or all goodness , never wearied in doing good unto us ( the deeds themselves do speak ) most careful to provide all good things for us , most gracious , most tender to remove all grievances from us 〈◊〉 all your princely actions have ever 〈◊〉 , and even now your most gracious published proclamation of your own only meer motion and special grace for the good of all your people doth witness to us . we come not , sacred sovereign , one of ten to render thanks , and the rest to go away unthankful ; but all of us , in all duty and thankfulness do throw down our selves at the feet of your majesty , do praise god and bless your majesty . neither do we present our thanks in words or any outward thing which can be no sufficient retribution for so great goodness ; but in all duty and thankfulness , prostrate at your feet , we present our most loyal and thankful hearts , even the last drop of blood in our hearts , and the last spirit of breath in our nostrills to be poured out , to be breathed up for your safety . and after three low reverences made he with the rest kneeled down , and her majesty began thus to answer her self , viz. mr speaker , we have heard your declaration and perceive your care of our state , by falling into the consideration of a grateful acknowledgment of such benefits as you have received ; and that your coming is to present thanks unto us , which i accept with no less joy than your loves can have desire to offer such a present . i do assure you , that there is no prince that loveth his subjects better , or whose love can countervail our love ; there is no jewel , be it of never so rich a prize , which i prefer before this jewel , i mean your love ; for i do more esteem it than any treasure or riches : for that we know how to prize , but love and thanks i count inestimable . and though god hath raised me high , yet this i count the glory of my crown , that i have reigned with your loves . this makes me that i do not so much rejoice that god hath made me to be a queen , as to be a queen over so thankful a people . therefore i have cause to wish nothing more than to content the subject , and that is a duty which i owe. neither do i desire to live longer dayes , than that i may see your prosperity , and that 's my only desire . and as i am that person that still , 〈◊〉 〈◊〉 god , hath delivered you , so i trust , by the almighty power of god , that i still shall be his instrument to preserve you from envy , peril , dishonour , shame , tyranny and oppression , partly by means of your intended helps , which we take very acceptably , because it manifesteth the largeness of your loves , and loyalties unto your sovereign . of my self i must say this , i never was any greedy , scraping grasper , nor a strait fast-holding prince , nor yet a waster ; my heart was never set on worldly goods , but only for my subjects good . what you do bestow on me , i will not hoard it up , but receive it to bestow on you again . yea mine own properties i count yours to be expended for your good . therefore render unto them from me i beseech you , m r speaker , such thanks as you imagine my heart yieldeth , but my tongue cannot express . note that all this while they kneeled . whereupon her majesty said , m r speaker , i would wish you and the rest to stand up , for i shall yet trouble you with longer speech , so they all stood up and she went on in her speech , saying . mr. speaker , you give me thanks , but i doubt me , i have more cause to thank you all than you me ; and i charge you to thank them of the house of commons from me : for had i not received a knowledge from you , i might have fallen into the lap of an error , only for lack of true information . since i was queen , yet did i never put my pen to any grant , but that upon pretext and semblance made unto me , that it was both good and beneficial to the subjects in general , though a private profit to some of my antient servants who had deserved well : but the contrary being found by experience , i am exceeding beholding to such subjects as would move the same at first . and i am not so simple to suppose , but that there be some of the lower house whom these grievances never touched ; and for them i think they speak out of zeal to their countries , and not out of spleen or malevolent affection , as being parties grieved ; and i take it exceeding grateful from them , because it gives us to know that no respects or interesses had moved them , other than the minds they bear to suffer no diminution of our honour , and our subjects love unto us . the zeal of which affection tending to ease my people and knit their hearts unto me , i embrace with a princely care ; far above all earthly treasure i esteem my peoples love , more than which i desire not to merit . that my grants should be grievous to my people , and oppressions to be priviledged under colour of our patents , our kingly dignity shall not suffer it ; yea , when i heard it i could give no rest to my thoughts until i had reformed it . shall they think to escape unpunished , that have thus oppressed you , and have been 〈◊〉 of their duty , and regardless of our honour ? no. m r speaker , i assure you , were it not more for conscience sake , than for any glory or encrease of love , that i desire these errors , troubles , vexations and oppressions done by these varlets and lewd persons , not worthy the name of subjects , should not escape without condign punishment . but i perceive they dealt with me like physicians , who ministring a drug make it more acceptable by giving it a good aromatical savour , or when they give pills do gild them all over . i have ever used to set the last judgment day before mine eyes , and so to rule as i shall be judged to answer before a higher judge . to whose judgment seat i do appeal , that never thought was cherished in my heart that tended not to my peoples good . and now if my kingly bounty have been abused , and my grants turned to the hurt of my people , contrary to my will and meaning ; or if any in authority under me , have neglected or perverted what i have committed to them , i hope god will not lay their culps and offences to my charge ; and though there were danger in repealing our grants , yet what danger would not i rather incur for your good , than i would suffer them still to continue ? i know the title of a king is a glorious title ; but assure your self , that the shining glory of princely authority hath not so dazled the eyes of our understanding , but that we will know and remember , that we also are to yield an account of our actions before the great judge . to be a king and wear a crown is more glorious to them that see it , than it is pleasure to them that bear it . for my self , i was never so much enticed with the glorious name of a king , or royal authority of a queen , as delighted that god hath made me this instrument to maintain his truth and glory , and to defend this kingdom ( as i said ) from peril , dishonor , tyranny and oppression . there will never queen sit in my seat with more zeal to my country , care to my subjects , and that will sooner with willingness yield and venture her life for your good and safety than my self . and though you have had and may have many princes more mighty and wise sitting in this seat , yet you never had or shall have any that will be more careful and loving . should i ascribe any thing to my self and my sexly weakness , i were not worthy to live then , and of all most unworthy of the mercies i have had from god , who hath ever yet given me a heart which never yet feared foreign or home enemies . i speak it to give god the praise as a testimony before you , and not to attribute any thing unto my self ; for i , o lord , what am i , whom practices and perils past should not fear ! o what can i do ( these she spake with a great emphasis ) that i should speak for any glory ! god forbid . this m r speaker i pray you deliver unto the house , to 〈◊〉 heartily recommend me . and so i 〈◊〉 all to your best fortunes , and further councels . and i pray you mr. comptroller , mr. secretary , and you of my council , that before these gentlement depart into their countries , you bring them all to kiss my hand . thus far out of the aforesaid journal ; now follows part of the next dayes passages out of the original journal-book of the house of commons . on tuesday the first day of december , three bills had each of them one reading ; of which the last being the bill for inning of certain surrounded grounds in the county of norfolk was read the second time , and committed to the former committees for surrounded grounds in the counties of cambridge and huntington , and unto sir michael sands , sir moile finch , m r oliver cromwell , m r walter cradock and others , and the bill was delivered to sir robert wroth one of the former committees , who with the rest was appointed to meet this afternoon at two of the clock in the court of wards . the amendments in the bill touching imperfections of a statute made in the eighth year of her majesties reign concerning the making of hats were twice read , and with the bill ordered to be ingrossed . the amendments in the bill also against usual and common swearing were twice read , and the bill was ordered to be ingrossed . upon the reading of the amendments divers spake unto the bill , two of whose speeches are here transcribed out of the private journal , as also others relating to other matters . m r gascock spake and said , man is made of two parts , a soul and a body ; and there are two governments , the one imperial , the other sacerdotal ; the first belonging to the common-wealth , the second to the church . swearing is a thing moral and toucheth the soul , and therefore fitter to be spoken of in a pulpit than in a parliament . if the god of abraham , the god of isaac , and the god of jacob hath sworn , his plague shall not depart from the house of the swearers , why should we not seek to repress this vice , which brings a plague , which breeds mortality , that breeds destruction , desolation , and the utter ruin of the common-wealth ? if he forbid us to swear , and we fear not his commandments , think you a pain of ten shillings as is here set down , will make us refrain this iniquity ? i may speak of this bill as a painter which made a most artificial table of the waves of the sea , and another painter in the same table painted a tree so lively as possible might be , growing as it were out of the sea : there grew a question which was the most curious workmanship ; and the deciding of the controversie was referr'd to a third skilful painter , who gavethis judgment of the tree , o valde bene , sed non hic erat locus . so may i say of this bill ; it is as hard for this penalty to restrain this sin , as for religion to spring out of the common law and to take effect . aristotle saith , a man may be bonus civis , but not bonus vir ; and though i abhor the sin , yet i deny not but a sinner may be a good member . moses when he saw god , could but see his back parts only , and no man ever saw more . why , these swearers swear by all his parts , so perfectly , as though they had seen him all over . philip king of france made a law that the swearer should be drowned ; another law was made that a certain sum should be presently paid as soon as he had sworn , or else the swearer to lose his head. we use so much levity in our law , that we had as good make no law , for we give a penalty , and to be taken upon condition before a justice of peace ; here is wise stuff , first mark what a justice of peace is , and we shall easily find a gap in our law. a justice of peace is a living creature , yet for half a dozen of chickens , will dispense with a whole dozen of penal statutes . we search and ingross the retail . these be the basket justices of whom the tale may be verified of a justice that i know , to whom one of his poor neighbours coming , said , sir , i am very highly rated in the subsidy book , i be seech you to help me . to whom he answered , i know thee not . not me sir , quoth the country man ? why your worship had my teem and my oxen such a day , and i have ever been at your worships service ; have you so sir , quoth the justice , i never remember'd i had any such matter , no not a sheeps-tail . so unless you offer sacrifice to the idol-justices , of sheep and oxen , they know you not . if a warrant come from the lords of the council to levy a hundred men , he will levy two hundred , and what with chopping in and chusing out , he 'll gain a hundred pounds by the bargain . nay if he be to send out a warrant upon a mans request to have any fetcht in upon suspicion of felony or the like ; he will write the warrant himself , and you must put two shillings in his pocket as his clerks fee , ( when god knows he keeps but two or three hindes ) for his better maintenance . why we have past here five bills of swearing , going to church , good ale , drunkenness and ..... this is as good to them as if you had given them a subsidy and two fifteenths . only in that point i mislike the bill , for the rest i could wish it good passage . sir francis hastings said ( amongst other speeches to this bill ) that such justices were well worthy to be lockt up in an ambery . but he wisht that all might not be censured for one evil , who though he neglected both the care of conscience and country which he should love , yet doubtless many did not so , as being touched in conscience to remember that our long peace should make us careful to please him in doing of justice , that had preserved us , and was the author of our peace , god himself . and thereupon the said bill was ingrossed as aforesaid . mr. wiseman moved the house to remember two things ; one that it had been an antient custom in parliament , sometimes to call the house , which as yet was not done ; the other , that whereas heretofore collection had been used for the poor , those which went out of town , would ask leave of the speaker and pay their money . sir edward hobbie said , the gentleman that last spake moved you , but i would remove you a little further . may it please you , it hath been a most laudable custom , that some contribution or collection should be made amongst us in pios usus ; and i humbly pray we do not forget our parliamental charity . every knight paid ten shillings , every burgess five shillings , part of the whole to the minister , and part to your servant here , and part to the poor , the rest at your disposals . the last time our charity ransom'd a prisoner , for the father 's good desert . the last time sir robert wroth and mr. fettiplace were collectors . it rests in you either to appoint them or chuse others . mr. fettiplace said , it is true , mr. speaker , i was collector the last year , there was paid out of the money collected , to the minister ten pound , to the serjeant thirty pound , to sir john leveson for the redemption of mr. fox his son that made the book of martyrs , thirty pound : there was money given to prisons , that is the two counters , ludgate and newgate in london , in southwark two , and westminster one . how old the custom is i know not ; but how good it is i know . for my own particular , having once undergone that service already , i humbly pray that it would please you to accept another . mr. tate said , charity proceedeth from conscience , it breeds obedience to god , it pleaseth god ; and so went on and spake for a town in his country lately burnt , that it would please the house to contribute something to the poors loss . the bill for the assurance of the joynture of lucie countess of bedford was read the third time and passed upon the question . the bill for denization of certain persons born beyond the seas , as also the bill for confirmation of the grant of king edward the sixth to sir edward seymour knight , had each of them one reading and passed upon the question , and with three others were sent up to the lords by m r comptroller , mr. secretary herbert and others . sir walter raleigh made report of the travel of the committees in the bill touching the payment of debts upon shop-books ( who were appointed on wednesday the th day of november foregoing ) and brought in the bill with some small amendments , and prayed the reading thereof . mr. tate likewise brought in the bill from the committees touching sir anthony mayney knight , with some amendments and alterations by the same committees ( who were appointed on monday the th day of november foregoing . the amendments in the bill touching sir anthony mayney knight , &c. were twice read and ordered to be ingrossed . m r davies made report of the meeting of the committees in the bill touching painters , and certifieth the bill with some amendments . the amendments in the bill touching shop-books were twice read , and with the bill upon the question and division of the house ordered to be ingrossed , viz. with the yea a hundred fifty four , and with the no eighty eight . these things being thus transcribed out of the original journal-book of the house of commons , now sollows a message delivered by the speaker in her majesties name to the house , out of the private journal . m r speaker said , first i am by her majesties commission to make report unto you of that rotable and excellent speech which her majesty delivered . i shall deliver unto you but a shadow of that substance ; but i greatly rejoice , that so many were there present who are well able to supply to others the true report of her majesties speech . it pleased her majesty to shew in what gracious part she accepted our loyalties . she said she rejoyced not so much to be a queen , as to be a queen over so thankful a people , and that god had made her a means to save us from shame , tyranny and oppression . she did accept of our intended present , which she said manifested our love and loyalty ; most graciously affirming , that she never was any greedy griper or fastholder , and what we did present , she would not hoard it . for the thanks which were yielded for her great regard of us , she willed me to return her thanks to you most graciously ; and to tell you , that her heart never inclined to pass any grant but upon suggestion that it was for the good of the subjects : and now that the contrary hath appeared , she took it graciously that the knowledge thereof came from her subjects . she ever set the last judgment before her eyes , and never thought arose in her but for the good of her people . if her grants were abused to their hurt against her will , she hoped god would not lay their culps and offences to her charge , and the principal members not touched ; and had it not been for these her good subjects , she had fallen from lapse into error . those that did speak she thought spake not out of spleen or displeasure to the grants , but to deliver the grief of their hearts , which above any earthly pleasure she respected . she said she was not allured with the royal authority of a king , neither did she attribute any thing unto her self , but all to the glory of god. she said , the cares and trouble of a crown are known only to them that wear it ; and were it not more for conscience sake than for any desert or want of disposition in her , these patentees should not escape without condign punishment . she desired not to reign longer than that her government and reign should be for our good . she said , we well might have a prince of more wisdom and sufficiency , but of more love and affection we should never have . her majesty delivered a commandment to m r comptroller and m r secretary , that the gentlemen of the country should be brought to kiss her hand before they departed . the residue of this dayes passages do follow out of the original journal-book of the house of commons it self , as also part of the next . the amendments in the bill touching shop-books were twice read and ordered to be ingrossed . the bill to prevent perjury and subornation of perjury was read the second time , and committed unto the queens learned council being members of this house , m r attorneys of the dutchy and the court of wards , sir moyle finch , sir anthony cope , m r townsend , m r bacon and others ; and the bill was delivered to m r townsend , who with the rest was appointed to meet upon thursday next at two of the clock in the afternoon in the middle-temple hall. the bill for charitable uses was delivered to mr. barington . on wednesday the second day of december , four bills of no great moment had each of them one reading ; of which the last being for the assurance of the parsonage and vicaridge of rotherstone to tho. venables esq was read the second time , and committed unto the knights and burgesses for chester and cheshire , the burgesses for oxford , sir edward hobbie and others , who were appointed to meet to morrow in the court of wards , at two of the clock in the afternoon . m r moore made report of the meeting of the committees in the bill touching the hospitals , and of some amendments therein . the amendments in the bill for the three hospitals were twice read , and with the bill ordered to be ingrossed . the bill for the amendments of double soal green was read the second time , and committed unto m r chancellor of the exchequer , sir robert wroth , sir william lane and others ; and the bill was delivered to sir robert wroth , who with the rest was appointed to meet upon friday next in the exchequer chamber at two of the clock in the afternoon . the bill to reform abuses used bv the clerk of the market was read the second time , and thereupon m r frechevile one of the knights for derbyshire spake unto it . in that i speak being least worthy , i hope it will be deemed to proceed from affection , not presumption . besides , i have learnt it for a rule in this house , it is better to venture credit than conscience : there are three things to be considered in this bill ; the inconveniency , the necessity of the remedy , and the conveniency of the punishment . for the inconveniency , no man but knows it , who knows the state of his country . in mine there is nothing more generally complained of than the inequality of measures ; for the rich have two measures , with the one he buyes , and ingrosseth corn in the country , that is the greater ; with the other he retails it at home to his poor neighbours , that 's by the lesser . this is to the great and just complaint of all . so after many other matters moved upon statutes , the bill was committed to m r frechvile , m r wiseman , m r johnson , sir george moore , sir robert wroth , sir john egerton , the burgesses and citizens of all cities and corporate towns , the knights for norfolk , m r francis moore , m r zachary lock , m r warcup , m r simnell , m r doyle and m r thomas caesar , who were appointed to meet upon saturday next in this house at two of the clock in the afternoon . the bill for the more diligent resort to church upon sundays was read the second time , unto which divers speeches were had in the house . m r roger owen said , that he misliked the bill for two respects ; the one for the penalty , the other in respect of the party punishing , that is the justice . for the first the penalty is twelve pence . it is well known that the poorest recusant in england ought as well as the rich to pay his twenty pound , and for want of lands and goods his body is lyable ; and therefore we shall double punish him , which is against law. for the other , touching the justice , i think it too great a trouble , and they are ever loaden with a number of penal statutes , yea a whole alphabet , as appears by hussey in the time of henry the seventh . and this is a matter so obvious , that a justice of peace his house will be like a quarter sessions with the multitude of these complaints . i think also it is an infringement of magna charta , for that gives tryal per pares , but this by two witnesses before a justice of the peace . and by this statute if a justice of peace come into the quarter sessions , and say it is a good oath , this is as good as an indictment : therefore for my part away with the bill . sir francis hastings said , i never in my life heard justices of the peace taxed before in this sort : for ought i know , justices of peace be men of quality , honesty , experience and justice . i would ask the gentleman that last spake , but two questions ; the first , if he would have any penalty at all inflicted ; the second , if in the first statute or in this an easier way for the levying of this twelve pence . if he deny the first , i know his scope ; if the second , no man but himself will deny it . and to speak so in both , is neither gravely , religiously nor rightly spoken . and therefore for god , the queen , and our countries sake , i beseech a commitment . m r carey raleigh said , the sabbath is ordained for four causes ; first , to meditate on the omnipotency of god , secondly , to assemble us together to give thanks , thirdly , that we might be the better enabled to follow our own affairs , fourthly , that we might hallow that day and sanctify the same . king james the fourth in the year . and king james the sixth in the year , or . did erect and ratify a law , that whosoever kept either fair or market upon the sabbath , his moveables should presently be given to the poor . men gathering of sticks were stoned to death , because that was thought to be a kind of prophanation of the sabbath . in france a woman refusing to sanctify the sabbath , fire appeared in the air ; this moved her not : it came the second time , and devoured all that ever she had ( only a little child in the cradle excepted . ) but to come nearer our selves , in the year . the house of paris garden by gods just judgment fell down as they were at the bear-baiting the th of january on a sunday , and four hundred persons sorely crushed , yet by god's mercy only eight slain outright . i would be an humble suitor to the honourable that sit about the chair , that this brutish exercise may be used on some other day and not upon the sunday , which i with my heart do wish may be observed , and doubt not , but great reformation will come if this bill pass . to the better effecting whereof , i humbly pray , that if there be imperfections in it , it may be committed . sir george moore said , i have read that the tongue of a man is so tyed in his mouth , that it will stir , and yet not so tied that it will stir still . it is tied deep in the stomach with certain strings which reach to the heart ; to this end i say , that what the heart doth offer , the tongue may utter ; what the heart thinks the tongue may speak . this i know to be true , because i find it in the word of truth , out of the abundance of the heart the mouth speaketh . for the gentleman that last spake and so much inveighed against justices , it may be it proceeds out of the corruption of his heart ; howsoever i mean not to search it or answer him ; only i turn him to solomon and mean to answer him with silence . without going to church , doing christian duties , we cannot be religious , and by religion we learn both our duty to god and to the queen . in doing our duty to god we shall be better enabled to do our duty to our prince . and the word bindeth us , that we should give to god that which is due to god , et caesari quae sunt caesaris . amongst many laws which we have , we have none for constraint of gods service . i say , none , though one were made in primo of this queen , because that law is no law which takes no force , for executio legis , vita legis . then let us not give such cause of comfort to our adversaries , that having drawn a bill in question for the service of our god , we should stand so much in questioning the same . once a month coming to church excuseth us from danger of the law , but not from the commandment of god , who saith , thou shalt sanctifie the sabbath day , that is , every sabbath . this bill ties the subject to so much and no more , which being agreeable with the law of god , and the rule of policy , i see no reason why we should stand so strictly in giving it a commitment . m r bond said , i wish the sabbath sanctified according to the precise rules of gods commandment , but i wish that s t augustins rule may be observed in the manner , non jubendo , sed docendo , magis monendo quàm minando . i like not that power should be given to the justices of peace ; for who almost are not grieved at the luxuriant authority of justices of peace ? by the statute of edw. . they must be good men and lawful , no maintainers of evil , but moderate in execution of laws ; for magistrates be men , and men have always attending on them two ministers libido & iracundia ; men of this nature do subjugate the free born subject . clerks can do much , children more , and wives most . it is dangerous therefore to give authority in so dangerous a thing as this is , which i hold worth your second thoughts , quae solent esse prudentiores . her majesty during all the time of her reign hath been clement , gracious , meek and merciful , yea chusing rather delinquere , i know not how to term it , in lenity and not in cruelty . but by this statute there is a constraint to come to divine service , and for neglect all must pay . plectentur achivi , the poor commonalty , whose strength and quietness is the strength and quietness of us all , he only shall be punished , he vexed . for will any think that a justice of peace will contest with as good a man as himself ? no , this age is too wise . i leave it to this house , whether it stand with policy , when four subsidies and eight fifteenths be now granted , to bring the poorer sort into greater fear by these and such like laws , malus custos diuturnitatis metus . and in the gracious speech which her majesty lately delivered unto us , she used this , that she desired to be beloved of her subjects . it was a wise speech of a wise prince , for an historian saith , timor excitat in vindictam . therefore m r speaker , i mislike the bill in that point touching justices , and also touching taxation . i will only say thus much with panutius in the nicene council , absit quòd tam grave jugum fratribus nostris imponamus . i am sorry said m r comptroller , after sorty three years under her majesties happy government that we shall now dispute or commit a bill of this nature . and i would that any voice durst be so bold or desperate as cry , away with this bill . the old statute gives the penalty , this new only speedier means to levy it . i much marvel that men will or dare accuse justices of peace , ministers to her majesty without whom the commonwealth cannot be . if this boldness go on , they will accuse judges , and lastly the seat of justice it self . that all justices should be thus generally accused , this is meer barbarism indeed . when her majesty shall have understanding hereof , it will be no content unto her , and a scandal unto us all . m r glascock said , in that i am taxed to tax justices of peace , i am to pray the house to give me leave to make an apology for my self . m r speaker , i will not deny that i spake , and protest it in my conscience , i spake only of the inferiour sort of justices , commonly called basket justices ; against these i will not speak that i spake last , but other matter in other terms . they be like the wise men of chaldee , that could never give judgment till they saw the entrails of beasts . our statutes penal be like the beast born in the morning , at his full growth at noon , and dead at night : so these statutes quick in execution like a wonder for nine days ; so long after , they be at the height ; but by the end of the year , they are carried dead in a basket to the justices house . mr. speaker said , mr. glascock , you speak from the matter and purpose , and this that you have spoken you must justify . mr. martin said , i am rather willing to speak , in that i would willingly have an end of this matter . i think we all agree upon the substance , that it is fit the sabbath should be sanctified . the other matter which is the impediment , i know it is a grief , but i leave it as matter more fit to be decided at a committee , than here . and therefore for the honour of the queen and of her government , i wish it may be committed without further argument . sir robert wroth said , i think the office of justice of peace is too good a calling for him that exclaims against it , and i think he 'll ne're have the honour to have it . it were good they were named , and that he told who they were : otherwise honest men will be loth to serve the queen , when they shall be slandered without proof . therefore i would he might answer it at the bar. and all said , no , no. mr. johnson said , this bill is an excellent good bill ; and i have observed in all the speeches yet spoken have been interlarded with other matter . the gentleman now protesteth he spake of basket justices ; i appeal to the whole house whether his definition were not general , viz. a justice of peace is a kind of living creature , that for half a dozen of chickens will dispense with a dozen of penal statutes . i think it is well known that the honourable that sit about the chair , and all the rest of her majesties privy council have and do hold the same place , and this toucheth them as much as inferiour justices . and therefore i humbly pray he may answer it at the bar , and that it may not be past over with silence . m r hide said , every man agrees this bill hath good matter , and we all agree and consent to the substance , though dissent to the form ; some have more wit , & some have more understanding than others . if they of meaner capacity and judgment spake impertinently , let us not in a spleen straight cry , away with the bill ; but let us give it the same favour we give to bills of far inferiour nature , that is a commitment ; so the bill was committed to the former committees ( who were appointed on wednesday the th day of november foregoing ) and to all the privy council being of this house , sir robert wroth , sir carew reignolds , sir anthony cope , mr. bond , mr. martin , mr. hide , mr. owen , mr. beeston and mr. wimarke , who were appointed to meet to morrow in the afternoon in the exchequer chamber at two of the clock . two bills of no great moment had each of them one reading ; of which the second being the bill against victualling houses , taverns , &c. was read the third time ; and after many arguments upon the question dashed . the bill against double payment of debts upon shop-books was read the third time , and ordered upon the question of amendment in some few words to be committed unto mr. serjeant harries and others , and to be put to the question for passing to morrow . peter fretchvile esquire , returned unto this present parliament one of the knights for the county of derby , for that he is chosen sheriff of the county and other his necessary affairs , is licensed by mr. speaker to depart home . nota , that have it appeareth that peter fretchvile esquire being a member of the house and elected sheriff of the county of derby did notwithstanding continue his place in the same : by which it is apparent that the said places are not incompetible , but may stand and be together simul & semel in one and the same person . on thursday the third day of december , four bills of no great moment had each of them one reading ; of which the second being the bill for the strengthening of the north parts was read the second time , and committed unto all the privy council being members of this house , the knights and burgesses for cumberland , westmerland and northumberland and others , who were appointed to meet to morrow in the afternoon at two of the clock in the exchequer chamber . mr. davies brought in the bill touching garbling of spices with some amendments , which were twice read and the bill ordered to be ingrossed . the bill for the assurance of the joynture of the countess of sussex was read the second time , and committed unto the privy council being members of this house , m r serjeant harries , sir walter raleigh , sir robert wroth and others , who were appointed to meet this afternoon in the exchequer chamber at two of the clock . the bill for the assurance of the joynture of rachell the wife of edward nevill of 〈◊〉 in the county of kent was read the second time , and committed unto sir edward hobbie , sir george moore , sir moyle finch , sir john grey , mr. francis moore and others , who were appointed to meet this afternoon at two of the clock in the exchequer chamber . the bill touching the confirmation of the sale of lands made by lewes late lord mordant deceased , was read the second time and committed unto the former committees for the earl of sussex , and m r attorney of the wards , m r tansield , m r winch and m r ludlow who were added unto them . m r mountague moved that such persons as shall prefer and have benefit by any private bills may in regard of their said benefits be charged with some consideration and payment of money towards the relief of the poor , which being assented unto , it was ordered by the whole house . that such persons as shall have any private bills expedited and passed in this house , during this session of parliament only , shall pay towards the relief of the poor , for every bill so passed in this house touching the sale of lands , ten pound ; and likewise for every bill for consumation of partiuclar joyntures the sum of five pound , to be distributed in such sort as this house shall further appoint . upon a motion made by m r secretary cecill that the charity and collection made by the members of this house for the relief of the poor ( during this present session of parliament ) may especially be extended to the comfort of the poor maimed souldiers now remaining in and about the city of london , it was most willlingly and readily assented unto by the whole house . m r dannet burgess for yarmouth said , may it please you , m r speaker , the duty i owe to my sovereign and country makes me bold to crave your patience to hear me . the matter that i shall speak of is twosold , the first concerneth the honour of the queen , the second the safety of our country , two very high points for me to handle , and require a more eloquent discourse than i am able to make . i will use no circumstance or with superfluous matter abuse the time which is very precious , but to the matter . i have been of the parliament five or six times , and i have always observed by this house ( and i would willingly be resolved by the honourable about the chair ) that all the wars of her majesty are wars offensive , and i do not hear the contrary : how then windes it that such a number of her majestie . subjects be spoiled , robb'd , beaten , wounded , themselves taken , used with such extream torture , rack'd , carried away , imprisoned , ransomed , sined , and some executed , and all this time no wars ? but give me leave , for these ten years , i am sure the subjects of this land on the sea-coast have undergone these tyrannies , and by whom ? even by two base towns dunkirk and newport . dunkirk at first began with two ships and are now encreased to almost twenty . they are at home at supper , and the next day here with us . i must needs confess the great charge that i know the lord admiral is at continually by lying ready to take these pirates . send to take them , they straight 〈◊〉 home : if our ships return they are streight here again . i dare boldly say it , they have done england more hurt since they began , than all france , either in the time of hen. . edw. . or queen mary . if it be so that these two base towns shall so confront the power of this land , i see no reason why they should be suffered : for it is a great dishonour both unto the queen and unto the kingdom . i have heard many say that the navies are the walls of the kingdom ; but we suffer our ships still to be destroyed , some to be burnt , and some to be sunk . we may compare our seamen to sheep feeding upon a fair mountain , in the midst whereof stands a little grove full of wolves : why m r speaker we are so plagued with them , that they be so bold , as now and then to take our harvest-men tardy with ambuscadoes . i speak with grief , and it was reported unto me by a scottish-man , that duke allert and the infanta should plainly publish , that they would pull down so many of the walls of england , that they would easily make an entry . and it had been better for sea-coast men to have given the queen an hundred subsidies that they had been long since supprest . my humble motion is , that it would please the house to enter into consideration of these things , for the honour , good and safety both of the queen and of the kingdom . m r peake said , i must needs shew unto this house ( upon so good an occasion offered ) how grievously the town of sandwich ( for which i serve ) is vexed and almost undone , insomuch as in that town there is neither owner , master or mariner that hath not felt it . her majesty is continually at charge , but what ensueth or cometh of it , i never yet knew . if in the county of kent at shooters hill , gadd's hill , baram down , &c. there should many and ofter robberies be committed , and the justices look not to it , this were but an ill part . every day men come home , their goods and all they have taken away , yea their very apparel ; and if the ships might also be carried away , they would do it . this would be amended and looked into . we had need to cherish this subject , i think him to be the best and most necessary member of the common-wealth , i mean the navigator . m r martin said , i like not these extravagant speeches in the manner , though i mislike them not in the matter . they are like to men whose houses being on fire run out into the street like madmen for getting themselves of help . that that cottage of dunkirk , the flourishing estate whereof is a dishonour to our nation , should so much offend us , when we never offer to suppress them ; it is no marvail . i think there is no man but understands the grief : but i wish that those who at first propounded to the house this matter , had also laid down some project , though never so small , of remedy ; otherwise such cursory motions as these be , cannot be but very distastful to the house . m r lithe said , within these twelve dayes one man lost two hundred pound only by dunkirkers , who took the same away . m r secretary cecill said , my speech shall only tend to advance the motion of the gentleman that spake first in this point . if we would have remedy , we are to consider two things ; first , that it will be a matter of charge , and secondly , that there must be a distribution thereof . for the first , i leave it to you ; for the second , it is out of my element . withal i must excuse them that have authority to remedy this ; for unless you would have a continual charge unto her majesty by having ships lying betwixt us and dunkirk , it is impossible but that at sometimes these robberies will be committed . i could very well agree to bring this motion to some head , being a matter in mine opinion very considerable , in a committee ; and all said , i , i , i. m r dannet said , i would only move the house that some masters of ships and seamen might be sent for to attend at the committee . whereupon it was ordered to be considered of and refer'd to committees , viz. all the privy council being members of this house , the queens learned councel being of this house , sir walter raleigh , the burgesses for ports and sea-faring towns , the knights of the shires for maritime counties , the masters of request , m r lieutenant of the tower , sir francis hastings , sir robert wroth and others , who were appointed to meet upon saturday next at two of the clock in the afternoon in the exchequer chamber . the bill touching fines within the county of the city of chester was read the third time and past upon the question . m r tate said , i would only move the house , that whereas an information is exhibited by the earl of huntington against a member of this house , m r belgrave , into the star-chamber , containing no matter of substance or note other than matter very dishonourable to this house ; therefore i humbly pray , it may be refer'd to be considered of by the committees for the priviledges of the house , ( whose names see on saturday the th day of october foregoing ) and all said i , i , i : and he delivered the information to the speaker . vide december . wednesday . the bill for the re-uniting the mannor of eye and dunsden to the mannor of sunning was read the second time , and committed presently to be considered of in the committee chamber by m r sollicitor , sir francis bacon and others , and to have conference with the lords touching the same bill . the bill for the naturalizing of josepho de lupo ( and others ) was read the second time and ordered to be ingrossed . the amendments in the ingrossed bill touching shop-books were three times read , and thereupon much disputed on . to this bill m r zachary lock began to speak , who for very fear shook that he could not proceed , but stood still a while , and at length sat down . m r bacon speaking of this bill said , that bills were wont to be committed with pleasure , but now we would scarce hear them with patience : the merchants books be springing books ; every year they encrease . m r henshaw amongst other speeches shewed , that it was easy to cross a merchants book , which a man might see at all times ; but if one should give the merchant a bond , when he had many thrust together , perhaps he would intreat the gentleman to come some other time for it , who if he should in the mean time die , his executors are without remedy , &c. serjeant harris said , these merchants books be like basingstoak reckonings , over night five shillings and six pence , if you pay it ; if not , in the morning it is grown to a just noble . this debt is a sleeping debt , and will lull young gentlemen into the merchants books with the golden hooks of being trusted by the merchant , and his expectation after his fathers decease : these are matters dangerous , and may prove hurtful ; wherefore i think it a good bill . m r john harris said , where it is said there can be no wager of law against a merchants book in london , it is true , but first the merchant must swear the debt . m r thomas jones said , it is my chance now to speak something , and that without hemming or hawing . i think this law is a good law. streight reckonings make long friends . as far goes the penny as the penny master . vigilantibus & non dormientibus jura subveniunt . pay the reckoning over night and you shall not be troubled in the morning . if ready money be mensura publica , let every man cut his coat according to his cloth. when the old suit is in the wane , let him tarry till his money bring a new suit in the increase . therefore i think the law to be good , and i wish a good passage . m r hackwell of lincolns-inn said , i am a man of that rank and condition , that i never sell , i seldom buy , and pay ready money , and the safest course this bill offers to me for my particular . but the great mischief that will redound by it to the commons is that which makes me speak . i am not transported with such vehemency , but if i may be answered , i 'le lay down the buckler . this bill hath a good face and an ill body . it hath a very good head-piece , i mean the title . if i may intreat you to put on a good deal of patience for a little time , i will make it somewhat plain . we must lay down the respects of our own persons , and put on others , and their affections for whom we speak ; for they speak by us . if the matter which is spoken of toucheth the poor , then think me a poor man. he that speaks , sometimes he must be a lawyer , sometimes a painter , sometimes a merchant , sometimes a mean artificer . most men desire forbearance ; this bill destroys it , which tends to the gain and good of the creditors , and good also of the buyer : but seeking to avoid a mischief we fall into an inconveniency ; for the manner is unproportionable and unjust . if the buyer be so negligent that he will not care to see himself discharged , must we needs make a law to help his folly ? the proverb is caveat emptor . if this law go forwards , the augmentation of confidence in his antient habiliments cannot be preserved . for if it be a hard year , the poor artificer which hath wife , children and houshold , and lives by the sweat of his brows , cannot live ; for he hath no money to buy all by the penny , but perhaps he hath credit , which perhaps may help his present necessary estate . besides , i can teach you all a trick , how for twelve pence you shall avoid this statute ; and that is , put in an original within a year , and so let it lie dormant . after this motion , the house after four hours argument and sitting till three quarters after twelve , was divided ; the i's had a hundred fifty one voices , and the noes a hundred and two . so the bill passed by forty nine voices . then the noes should have fetcht in the bill and gone out with it , because it was at the passage of the bill ; but because time was past , and it was very late , and there were great commitments this afternoon , they were dispensed withal . nota , that these are excellent precedents touching the manner of bringing in a bill upon the division of voices , and withal upon what ground the ceremony it self was omitted ; to which purpose also there fell out like precedents on friday the th day of march in anno regin . fliz. and on thursday . day of december in anno reginae ejusdem . on friday the th day of december , three bills had each of them one reading ; of which the last being the bill for confirming the authority and government of the mayor , sheriffs and aldermen of the city of i ondon within s t katherine christ church , was read the second time and committed unto the knights and citizens for london , m r doctor caesar , sir robert wroth , sir moyle finch , sir george moore and others , who were appointed to meet upon monday next in the afternoon at two of the clock in the doctors commons . m r calfield made report of the mecting of the committees in the bill for the assurance of the parsonage and vicaridge of rotherston , &c. with some amendments . the amendments in the bill touchine the assurance of the parsonage and vicaridge of rotherston , &c. were twice read , and the bill was ordered to be ingrossed . sir robert wroth reported the meeting of the committees in the bill for the draining of grounds in the county of norsolk , and brought in the bill with some amendments . the amendments in the bill touching draining of surrounded grounds in norsolk were twice read , and the bill was ordered to be ingrossed . the bill touching subornation of perjury was brought in with some amendments . the amendments in the bill touching subornation of perjury were twice read , and the bill ordered to be ingrossed . the bill for reformation of abuses in sheriffs and other inferiour officers for not executing writs of proclamation upon exigents according to the statute of eliz. was read the second time , and committed unto m r sollicitor , m r attorney of the dutchy and others , who were appointed to meet upon monday next in the middle-temple hall , at two of the clock in the afternoon . the bill touching the making of fustians within the realm was read the second time and committed unto all the queens privy council and learned councel being of this house , the knights and citizens for london , the burgesses for chard , colchester and canterbury , sir walter raleigh , m r maynard , m r hide , sir edward hobbie , sir francis darcy , m r wiseman and others , who were appointed to meet upon thursday next in the exchequer chamber at two of the clock in the afternoon . the bill prohibiting any fair or market to be kept on the sunday was read the second time and committed to the former committees in the bill touching the sabbath day ( who were appointed on wednesday the th day of november foregoing . ) and m r brown and m r doyle were added unto them , who were appointed to meet to morrow morning in the committee chamber of this house . the bill touching the lands given to godly and charitable uses was read the first time . m r doctor carew and m r choppin did bring from the lords the bill for the suppressing of alchouses and tipling-houses . the bill for the suppressing of alehouses and tipling-houses was read the first time . on saturday the th day of december , three bills had each of them one reading ; of which the last being the bill that lands in the nature of gavelkind may descend according to the custom of the common law , was read the second time , and committed unto the queens learned councel being of this house , sir moyle finch , sir michael sands , sir thomas fludd , sir john lewson and others ; who were appointed to meet upon monday next in the morning in the committee chamber of this house . the bill for the relief of theophilus adams was read the second time , and committed unto the knights and citizens for london , m r winch and others , who were appointed to meet in the exchequer chamber upon monday next at two of the clock in the afternoon . the bill for the granting of four entire subsidies and eight ffteenths and tenths granted by the temporalty was read the third time and passed upon the question ; and was presently sent up to the lords by all the privy council and others of this house . nota , that whereas in the parliament which was begun and holden at westminster in an . eliz. anno dom. . the knights , citizens and burgesses of the house of commons were not drawn without much and long dispute , both amongst themselves and with the lords , to yield unto the grant of three subsidies and fix fifteenths and tenths ( being a greater gift than had ever before been given unto her majesty ) and that the same was then also assented unto in respect of the great dangers were newly threatned unto her majesty from rome and spain with caution and promise nevertheless that it should not be drawn into precedent for future times ; yet in the next parliament which ensued in reginae anno dom. . although none of the said imminent dangers which had been feared in the above-mentioned thirty fifth year of her majesties reign had to that time come into any real execution , the house of commons was notwithstanding again drawn to yield unto the same proportion of three subsidies and six fifteenths and tenths , to be paid also unto her majesty within a shorter time ; and now lastly in this present parliament in an. & regin . ejusdem anno dom. . the said house was drawn in respect chiefly of the troubles of ireland , where the spaniard had set footing , to present unto her highness the extraordinary and great gift of four subsidies and eight fifteenths and tenths , the bill whereof did this present saturday being the th day of december pass the house of commons upon the third reading , and was presently sent up to the lords as aforesaid , by whom it was lastly passed also upon the third reading upon tuesday the th day of this instant december ensuing . m r boyce made report of the meeting of the committees in the bill for the jointure of rachell wife of edward nevill , &c. ( who were appointed on thursday the third day of this instant december foregoing ) and brought in the bill with some amendments . the amendments in the bill touching the jointure of rachell wife of edward nevill of birling in the county of kent were twice read , and the bill was ordered to be ingrossed . sir francis hastings made report at large of the meeting and travel of the committees in the bill touching coming to church on the sunday , being in some parts amended , delivered in the bill and prayed the reading thereof . the amendments in the bill touching coming to church on the sunday were twice read , and the bill was ordered to be ingrossed . at the committee in the afternoon in the house for some course to be had against dunkirk , m r fettiplace said , there was remedy three manner of wayes ; first , there is transportation of ordnance , which being carried to the low country-man , he carryeth it to dunkirk or to our enemies , which if it were hindred , doubtless our enemies would find want in time ; secondly , the law of tonnage and poundage ; thirdly , it hath been offered to the states , that the maritime parts might save themselves freely . and i take it to be a rule in policy , we should not yield that to our friends , which may be fitting to our foes . m r wingfield shewed the bill touching fens , which was exhibited the last parliament and past both houses , but advised upon by her majesty for some respects , intituled an act for the recovering of three hundred thousand acres more or less of wasts , marish and watry grounds in the isle of ely and in the counties of cambridge , huntington , northampon , lincoln , norfolk and suffolk . on the left side on the top of the bill was written in roman letters soit bayle as seignieurs ; and close to that in another hand , a cest bill avecque les amendments & la provision à celle annexes , les surs sont assentus : under the provision annexed to the act on the left side thereof close to the writing , soit bayle aux communes : on the back under the title aforesaid was written thus . . . he shewed also the bill for fens in this parliament intituled an act concerning the draining and recovering from the water of certain overflown grounds in the county of norfolk . it was concluded at the committee , that the coast town-men of the county should meet together in the afternoon on monday , and consider of some course , and relate the same to the committee again . on monday the th day of december , two bills of no great moment had each of them one reading ; of which the second being the bill for the relief of poor prisoners in ludgate , was read the first time . mr. serjeant harries made report of the meeting of the committees in the bill for the assurance of the joynture of the countess of sussex ( who were appointed on thursday the third day of this instant december foregoing ) and of some amendments and a proviso added by the committees . the amendments in the bill with a proviso touching the joynture of the countess of sussex were twice read , and with the bill ordered to be ingrossed . the bill for confirmation of the assurances of the lands of sagebury aliàs sedgebury to samuel sandyes esquire and john harries gentleman and their heirs was read the first time . m r snigg one of the committees in the three bills touching cloths and clothiers ( who were appointed on wednesday the th day of november foregoing ) declared that by order and direction of the same committees he hath reduced and drawn the three said bills into one bill reformed in the abuses committed amongst clothiers , and prayed the reading . the bill for the true making and working of woollen cloths was read the first time . mr doyle , one of the committees in the bill touching fairs and markets , not to be kept on the sunday ( who were appointed on friday the th day of this instant december foregoing ) brought in the bill with some amendments added by the committees . the amendments in the bill prohibiting fairs and markets to be kept on the sunday were twice read , and the bill was ordered to be ingrossed . the bill touching the assize of fuel was read the second time and committed unto the knights and citizens for london , sir jerom bowes , sir robert wroth and others , who were appointed to meet to morrow in the court of wards at two of the clock in the afternoon . the bill touching charitable uses , &c. was read the second time , and committed to the former committees ( who were appointed on saturday the th day of november foregoing ) and m r serjeant harries and others were added unto them , who were appointed to meet this afternoon in the exchequer chamber at two of the clock . m r bacon said , i am , mr. speaker , to tender unto this house the fruit of the committees labour which tends to the comfort of the realm , i mean the merchant , which if it quail or fall into a consumption , the state cannot choose but shortly be sick of that disease . it is inclining already . a certainty of gain is that which this law provides for , and by policy of assurance the safety of goods assured unto the merchants . this is the loadstone that draws him on to adventure , and to stretch even the very punctilio of his credit . the committees have drawn a new bill far differing from the old ; the first limited power to the chancery , this to certain commissioners by way of oyer and terminer ; the first that it should only be there , this that only upon appeal from the commissioners it should be there finally arbitrated . but lest it may be thought for vexation , the party appellant must lay it in deposito , &c. and if tryed against him , to pay double costs and damages . we thought this course fittest for two reasons ; first because a suit in chancery is too long a course , and the merchant cannot endure delays ; secondly , because our courts have not the knowledge of their terms , neither can they tell what to say upon their causes which be secret in their science , proceeding out of their experience . i refer the bill both old and new to your considerations , wishing good success therein both for the comfort of the merchants and performance of our duties . the act is intituled an act touching policies of assurances used amongst merchants . sir edward hobbie said , it was the good pleasure of this house to refer the consideration of an information exhibited against a member of this house one of the burgesses for the town of leicester , viz. mr. belgrave , the scope and purpose of which information pretendeth an abuse to be done to the high court. the gentleman himself was at the committee , and did acknowledge the substance of the suggestion , but denied the circumstance . some of the committees censured it to be an enormous fault to invest himself ( for so the words of the information are ) in a blue coat , but others were of a contrary opinion , because they were satisfied upon allegations alledged that it was done ad redimendam vexationem which had been offered to him , and so he thought to right himself these wayes . besides , i am to inform the house , that this information was put in sedente curiâ , and therefore thought by the committees to be some disgrace to the same . and because this gentleman should not take benefit of this pardon , therefore the information ( as i said ) is now put in sedente curiâ , which i wish the house to note . and because he should be debar'd of remedy against the party , he hath therefore caused the same to be exhibited in m r attorney generals name . may it please the house , because he desireth to be heard , and being now here , that be may speak himself , in that he told the committees he had some special matter to deliver unto you ; and if he shall be found culpable , he would most willingly abide your censures . but because other statutes were to be read of importance , this was refer'd over till some other time . vide december th postea . an act for the continuance of divers statutes , and repeal of some others was read the second time . m r francis moore desired it might be read , as also the exposition of the justices upon the statute of eliz. of rogues , which if it please the house he thought fit to be annext to that statute . m r bacon said , there were never yet any more than two articuli ; the one , articuli super chartas , when the sword stood in the commons hands ; the other articuli cleri , when the clergy of the land bare sway , and that done upon deliberation and grave advice . i beseech you remember these are done by judges and privately perhaps in a chamber , and shall we presently without scanning or view , enact them ? it befits not the gravity of this house . and so after a long speech dasht it . the bill touching payment of debts upon shop-books lately pass'd in this house was sent up to the lords by m r comptroller and others . after sundry motions and arguments made against an act made reginae eliz. touching lands given to charitable uses , it was upon the question ordered , that the said act should be repealed . and upon another question ( whether the said act should be repealed in the particular new bill exhibited this session of parliament , or else in the general bill touching repeal of statutes , it was agreed by the house that it should be repealed in the general bill of repeal of statutes . upon a motion made by m r sollicitor for a conference to be had with the lords in the bill that passed with their lordships and hath been twice read in this house , intituled an act for the reuniting of eye and dunsden to the mannor of sunning ; it is appointed that m r comptroller of the exchequer , m r sollicitor and others do meet to morrow with the lords at eight of the clock in the morning touching the same conference . on tuesday the th day of december the bill touching watermen on the river of thames was read the second time and committed unto the knights and citizens for london , sir george moore , sir john lewson and others , who were appointed to meet this afternoon in the exchequer court at two of the clock . m r moore , one of the committees in the bill touching s t thomas's hospital made report of the travel of the same committees , and certifieth in the bill with some amendments . the amendments in the bill touching s t bartholomews hospital was twice read , and with the bill ordered to be ingrossed . the bill touching glass-houses was read the first time and rejected upon the question . m r winch one of the committees in the bill touching theophilus adams ( who were appointed on saturday the th day of this instant december foregoing ) brought in the bill amended in some parts by the committees . the amendments in the bill for theophilus adams were twice read , and the bill ordered to be ingrossed . m r john harris made report of the meeting of the committees in the bill touching abuses in sheriffs and other officers in not executing proclamations ( who were appointed on friday the th day of this instant december foregoing ) and delivered in the bill not altered or amended in any point . the bill touching abuses in sheriffs , &c. was ordered to be ingrossed . m r simnell moved this house for some speedy consideration to be had to restrain the transportation of iron ordnance . whereupon the bill intituled an act prohibiting transportation of iron ordnance beyond the seas was read the second time ; but before it was committed , there passed many speeches and arguments touching it in the house , being of very great moment . sir edward hobbie said , i may resemble this to a saying of a gentleman who told a story of a skilful painter that painted a tree in the sea so lively , &c. and the judgment was , o valde bene , sed hic non erat locus : so i say , this bill is an excellent bill , the matter foul , the request and remedy good and honest , but this is not our mean of redress . her majesty in the late proclamation took notice thereof , and no doubt she will redress it . and for us now to enter again on bringing or allowing acts against monopolies , is to refuse her majesties gracious favour , and cleave to our own affections . i think therefore if we deal therein , petition will be our only course . this is a matter of prerogative , and this is no place . m r fettiplace said , i know her majesty receiveth yearly by custom for the transportation of these ordnance three thousand pound . there be four kinds of these ordnance now usually transported ; the first a falkon of the least weight and bore ; the second a minion , a little heavier and bigger ; the third a sacre , somewhat greater ; the fourth a demi-culverin being the greatest . now m r speaker , they which transport ordnance do transport in this manner ; if it be a falkon , she shall have the weight of a minion , and so if a sacre the weight of a demi-culverin : the reason hereof is , because when they are brought beyond the seas they will new bore them to a greater size , as the sacre to the demi-culverin bore ; besides , m r speaker , eight tun of iron ordnance will make five tun of good iron . and it is now grown so common , that if you would send merchandize beyond the seas in strangers bottoms , they will not carry it ; unless you will ballast their ships and load them with some ordnance . the ordnance be carried to callais , embden , lubeck , rochell , brest , s t john de luce , and other places , and these be confederates with spain and friends with dunkirk , so that in helping them we do not only help our friends , but succour the spaniards their friends and our enemies . if the queen would forbid the transportation of ordnance but for seven years , it would breed such a scarcity to the spaniard , that we might have him even where we would : some ( no doubt ) the sea would devour , some would be taken , and the store which he now hath , scattered , and thereby his force weakened . they have so much iron in spain out of england , that they do ordinarily sell a hundred weight of iron ordnance for seven duckets and a half spanish . and if the spaniard do make it a capital matter but to transport a horse or a gennet , much more ought we to have a special care herein , when we shall arm even our own enemies against our selves . i think therefore to proceed by way of a bill would savour of curbing her majesties prerogative . but to proceed by way of petition , it is a safe course and pleasing , and we ought the rather to be induced thereto , because already we have found it successful . m r brown said , there is a law already in the point , and that is in the thirty third year of henry the eighth cap. . and in the second of edward the sixth cap. . which prohibits the transportation of gun-metal . and although guns were not then made of iron , yet now they are , and therefore perhaps you will say it is out of the statute . but it was lately adjudged in worlingtons and simpsons case to be clearly within the very letter of that law. and i am sure guns be made of gun-metal , and whosoever transporteth guns , transporteth gun-metal ; and it is within the danger of that law. but that which i would move is only this , that we might be petitioners to her majesty to revoke that patent , and then currat lex , &c. sir walter raleigh said , i am sure heretofore one ship of her majesties was able to beat ten spaniards ; but now by reason of our own ordnance we are hardly matcht one to one . and if the low-countries should either be subdued by the spaniard , or yield unto him upon a conditional peace , or shall join in amity with the french as we see them daily inclining , i say there is nothing doth so much threaten the conquest of the kingdom as the transportation of ordnance . and therefore i think it a good and speedy course to proceed by way of petition , lest we be cut off from our desires , either by the upper house , or before by the shortness and sudden ending of the parliament . m r carey said , we take it for an use in the house , that when any great or weighty matter or bill is here handled , we streight say it toucheth the prerogative and must not be medled withal ; and so we that come to do our countries good , bereave them of that good help we may justly administer . m r speaker , qui vadit planè , vadit sanè ; let us lay down our griefs in the preamble of our bill , and make it by way of petition ; and i doubt not but her majesty being truly informed of it , will give her royal assent . m r secretary herbert said , the making of armamentaria is a regality belonging only to the power of the king and the crown of england , and therefore no man can either cast or transport without licence . it stood perhaps with the policy of former times to suffer transportation , but as the times alter , so doth the government . and we doubt it is now very hurtful and prejudicial to the state ; and therefore i am of opinion , that it is very fit this transportation should be stayed ; and i concur only with them which would have it by way of petition , and not by bill . m r william hackwell of lincolns-inn said , i know the authority of the worthy counsellor that last spake will incline you to yield to this objection ; yet notwithstanding i beseech you suppose him to be a man of my condition , or me to be a man of his sort , so i doubt not but our persons being equalized , the matter will soon be decided . where he saith , transportation is necessary to aid our friends and retain their alliance ; i answer , that it is the subtilty and covetousness of our friends , who finding the inestimable gain and treasure they have by ordnance brought from us , do not only desire them for gain , but also to gain to themselves confederates , by which means succouring our friends we aid our enemies : for look whatsoever we give them , we deduct from our selves . now let us stop this transportation , and that greatly weakens their forces , by which means they will never be able to encounter us hand to hand . our ordnance ( this pretious jewel of our realm , worth even all we have ) is as familiarly sold in the countries of our confederates as any thing within this land ; but being stopt , they must be fain to take supply from their ports to their ships , from their ships to the field , &c. sir francis hastings said , how swiftly and sweetly her majesty apprehends our late griefs , i think there is no subject but knoweth . for us then to deal in a matter so highly touching her prerogative , we should give her majesty just cause to deny our proceedings by bill . i think therefore by laying open our griefs in a petition , it will move the heart of her majesty as much , being a case of this consequence , as our first motion by m r speaker hath done . and therefore i am of opinion there is no way but this way . sir george moore said , it is in vain to dispute of the matter when the manner is only in question ; and as vain to lose the matter by over-long dispute of the manner . the late experience of her majesties love and clemency towards us , and of her care over us striketh such an awful regard into my heart , that i wholly dislike this proceeding by bill , and only do approve our former motion by way of petition . m r hyde said , m r speaker , it is doubted by some that this bill will not pass by reason of the sudden ending of the parliament ; for that , i think if we give not too much stop to private bills , this bill would quickly pass . and i see no reason but we may well proceed by bill , and not touch her majesties prerogative ; for her majesty is not more careful and watchful of her prerogative than the noble princes of famous memory king henry the eighth her father , and king edward the sixth her brother were . then there was no doubt or mention of the prerogative : and therefore i think our surest and soundest course is by way of bill , &c. m r comptroller said , i wish we should deal in such manner as we may have our desire ; and that i think , we shall sooner obtain in speaking unto the queen by way of petition , than in proceeding by way of bill and contestation . we must note that her self and her progenitors will not be forced : and i do not hold this course by way of bill either to stand with respect or duty . m r swale of the middle-temple said , i would but move thus much to the house , if we let slip this law , and proceed by way of petition , then is there no law to prohibit , but the law of hen. . and d of edw. . and those laws give so small a remedy , that it is no recompence to the loss of the thing . m r serjeant harris said , it hath been thought that the former statutes do not stretch to ordnance made of iron ; but may it please the house to commit the bill , there shall be shewed to the committees four or five precedents and late judgments , that iron guns come within this law. m r sollicitor flemming said , the gentleman that spake last said very true , for it was lately in matchivells case in the exchequer . so the bill was committed to all the privy council , and all the queens learned councel being of this house , sir walter raleigh , the knights and citizens of london , sir francis hastings , m r grevill , sir robert wroth , sir robert mansell , sir richard knightley , sir george moore and divers others , who were appointed to meet in this house at two of the clock in the afternoon . then followed a dispute touching the information against m r belgrave a member of the same . m r belgrave said , mr. speaker , modesty forbids me to speak in my own case that so nearly concerneth me , but necessity urgeth me to appeal to this high court. true it is , there was an information exhibited against me in the star-chamber by an honourable person of the upper house ( the earl of huntington ) in the name of mr. attorney general , for a misdemeanor committed to this high court ; the substance of that information i confess , yet i am to be an humble suitor unto this house , whether an information is to be exhibited ( this house sitting ) against any member thereof . and for my own part i do submit my self to abide such censure as this house shall in their wisdoms think convenient . sir george moore said , viewing the information , i find the words to be against the high court of parliament , which is as well the upper house as this house ; and therefore i wish there might be a conference with the lords herein . now this house is but part , and a member of the parliament , and therefore we solely cannot proceed . mr. serjeant harris said , in the th of hen. . when ferris case was , who was a member of this house , did not we proceed without any conference with the lords ? here might be libera suffragin , and no man of this house to be chosen by any friends or mediation of any great man , neither ought we to be tyed by any blue coat in the world. but as our persons are priviledged , so should our speeches be ; and therefore i see no reason to confer with the lords when we may proceed our selves . sir edward hobbie said , if the case were but plain of it self , i should be of the gentlemans mind that last spake : but i am given to understand , and also desire so to inform the house , that this information was put into the star-chamber by some kind of order from the lords , and therefore very convenient a conference should be had . sir francis hastings said ( who was brother to the earl of huntington ) to enter into consideration of this cause by report ( and otherwise i cannot ) i know no man but respecteth the honourable person himself , and for this gentleman ( mr. belgrave ) i ever took him , and so do , to be a man of very good carriage : to condemn him , i do not mean : but i humbly pray that a course for his honour may be taken , and the matter so handled , that the honour of the person may be saved , the gentleman freed from further offence , and this cause ended with good conclusion . and i protest i am not privy to the prosecution . mr. dale said , id possumus quod jure possumus ; and therefore resting in doubt herein , the safest course is a conference . mr. tate said , it is not good to utter things suddenly in great matters . our dispute may seem to have this end , either to incur the dangers of our priviledge by not regarding this cause , or to pry too near into her majesties prerogative by examining informations exhibited into the star-chamber . wherefore i think we ought to be petitioners , ( nota verbum petitioners ) or at least to shew our griefs to the lords ; and if by any order from them ( as was alledged ) this information was put in , methinks in reason a conference were good to examine the cause , and inform this house truly thereof . mr. skipwith the pentioner said , if i knew or did think that any wrong were offered to the earl of huntington , i would rather be a petitioner for this gentleman to him , than i would be a protector of him against him . i knew mr. belgrave writ his letter to my lord , and that it pleased his honour to answer him ; and that he offered to follow his honour in that sort as is fitting for a gentleman of his worth , and rather his honour than any man in england . this i take it may satisfie the house for answer to the first part of the information , which containeth a dishonour offered to the earl. for the second , which is deceiving of the burgesses , i do answer this house , they were both willing and worthy to be deceived . i know they had given their voices , and desired m r belgrave to take it . for the wrong to this court , i hope this court hath wisdom enough to right it selt without any course to be taken in the star-chamber : yet by your favour , i may say thus much , that if we should punish him for coming indirectly into this place , we should punish three parts of this house ; for none ought to be chosen but those that be resident , and sworn burgesses of the town . sir robert wroth said , this matter needs not so much dispute . there is a precedent in this house to this point ; in the last year of queen mary , between pleddall and pleddall . it pleased the lords of the star-chamber , sedente parliamento , to bind the one at the suit of the other to appear twelve dayes after the parliament ; and this adjudged to be an infringement of the liberties . m r davies said , the information savours more of wit than malice ; and therefore i think , upon conference with the lords the matter may be brought to good end . i therefore humbly pray it may be put to the question , and that the bill may be sent for out of the star-chamber . m r carey said , i take it , m r speaker , the course hath been , that if the house be desirous to see any record , you ( mr. speaker ) should send a warrant to the lord keeper to grant forth a certiorari to have the record . if by this means this information be brought into this house , upon view thereof perhaps this matter of dispute would take end . sir francis hastings offered to speak again in this matter ; but mr. bacon interrupted him , and told him it was against the course . to which he answered , he was old enough to know when and how often to speak . to which mr. bacon replyed , it was no matter , but he needed not to be so hot in an ill cause . to which sir francis replyed , in several matters of debate a man may speak often . so , i take it , is the order . he ( pointing to mr. bacon ) talk of heat : he tell you , if i be so hot as he was yesterday , then put me out of the house . the only thing that i would say is this , i wish a conference may be had with the lord , because the matter may be brought to some friendly end ; for god knows what may lie in the deck till after the parliament : and i suspect it the more , because the information and no process issued forth . mr. grevill said , i with that in our conference we do not neglect our priviledges , and that we may be means of mediation , &c. so the house appointed these members following to have conference with the lords , viz. all the privy council being members of this house , sir walter raleigh , sir francis hastings , mr. fulke grevill , the masters of request , sir edward hobbie , sir robert wroth , sir francis darcte , sir george moore , sir john grey , mr. barrington , mr. tate , mr. martin and mr. skipwith , to meet upon thursday next at eight of the clock in the morning . these names being thus transcribed out of the original journal-book of the house of commons , another passage of this day doth here follow out of a private journal of that house . mr. speaker said , i am to certify you from the lords of a great disorder committed by the pages and servants as well of the lords themselves , as of your servants and attendants , so that not only abuse is offered , but weapons and blood drawn . for remedy whereof the lords have given strait commandment that their servants keep peaceable and quiet order , and that neither their pages , attendants or servants do stand upon the stairs or nearer the house than the stair foot . they desire that every member of this house would do the like to their servants , and so expresly to charge and command them . and i would move you that you would be pleased the serjeant might go forth and signify so much from you unto the company without . mr. wiseman said , the disorder mr. speaker speaks of , is now grown so great , that a man dare not go down the stairs without a conductor . so the serjeant went and delivered the message , and the abuse was well reformed . mr. davies made report of the meeting and travel of the committees in the bill touching gavelkind lands , and brought in the bill with some amendments . on wednesday the th day of december the bill touching the assurance of certain mannors , &c. to samuel sandys and john harries gent. was committed unto sir george moore , sir stephen soame , m r henry mountague , m r tho. caesar , m r trevor , m r egcock , m r jo. harries , the k t s and citizens for worcester and mr. pawle , who were appointed to meet in the middle-temple hall at two of the clock in the afternoon of this present day . the amendments in the bill touching gavelkind land were twice read , and with the bill ordered to be ingrossed . the amendments in the bill touching a key or harbour to be made on the north parts of the river of severn were twice read , and with the bill ordered to be ingrossed . the bill for maintenance of ships and encrease of sea-saring men was read the second time and committed unto the queens learned councel being of this house , sir walter raleigh , sir robert wroth , the knights and citizens for london , the burgesses of all the port towns , mr. trevor and others , who were appointed to meet this afternoon in the exchequer chamber at two of the clock ; and the bill and committees names were delivered to sir walter raleigh . mr. moore made report of the meeting of the committees in the bill touching cree church , and brought in the bill with some amendments . the amendments in the bill touching cree church were twice read , and the bill was ordered to be ingrossed . the bill for the making and working of woollen cloths was read the second time , and committed unto the former committees for woollen cloths ( who were appointed to meet november . and on wednesday the th day of november foregoing ) and appointed now to meet to morrow in the afternoon in the exchequer chamber at two of the clock . another bill also touching the government of some northern counties was read the first time . the points to be considered of in the continuance of statutes were read , and offered still to dispute , whether the statute of tillage should be continued . m r johnson said , in the time of dearth when we made this statute , it was not considered that the hand of god was upon us ; and now corn is cheap ; if too cheap , the husbandman is undone , whom we must provide for , for he is the staple man of the kingdom . and so after many arguments he concluded the statute to be repealed . mr. bacon said , the old commendation of italy by the poet was , potens viris atque ubere gleba ; and it stands not with the policy of the state , that the wealth of the kingdom should be ingrossed into a few graziers hands . and if you will put in so many provisoes as be desired , you will make it useless . the husbandman is a strong and hardy man , the good footman , which is a chief observation of good warriers , &c. so he concluded the statute not to be repealed . sir walter raleigh said , i think this law fit to be repealed ; for many poor men are not able to find seed to sow so much as they are bound to plough , which they must do , or incur the penalty of the law. besides , all nations abound with corn. france offered the queen to serve ireland with corn for sixteen shillings a quarter , which is but two shillings the bushel ; if we should sell it so here , the ploughman would be beggered . the low-country man and the hollander , which never soweth corn , hath by his industry such plenty that they will serve other nations . the spaniard who often wanteth corn , had we never so much plenty , will not be beholding to the english man for it , neither to the low-country men , nor to france , but will fetch it even of the very barbarian . and therefore i think the best course is to set it at liberty , and leave every man free , which is the desire of a true english man. mr. secretary cecill said , i do not dwell in the country , i am not acquainted with the plough : but i think that whosoever doth not maintain the plough , destroys this kingdom . there were the last parliament great arguments in this point ; and after a deliberate disputation , the passage of this bill concluded . my motion therefore shall be , that this law may not be repealed , except former laws may be in force and revived . say that a glut of corn should be , have we not sufficient remedy by transportation , which is allowable by the policy of all nations ? i cannot be induced or guided from this opinion upon government of former statutes ; i am sure when warrants go from the council for levying of men in the countries , and the certificates be returned unto us again , we find the greatest part of them to be ploughmen . and excepting sir thomas moore 's utopia , or some such feigned common-wealth , you shall never find but the ploughman is chiefly provided for : the neglect whereof will not only bring a general but a particular damage to every man. if in edward the first his time a law was made for the maintenance of the fry of fish , and in henry the sevenths time for preservation of the eggs of wild-fowl ; shall we now throw away a law of far more consequence and import ? if we debar tillage , we give scope to the depopulator ; and then if the poor being thrust out of their houses go to dwell with others , straight we catch them with the statute of inmates ; if they wander abroad , they are within the danger of the statute of the poor to be whipt . so by this means undo this statute , and you indanger many thousands . posterior dies discipulus prioris . if former times have made us wise to make a law , let these latter times warn us to preserve so good a law. m r serlbie desired that the county of northumberland might be exempted out of the statute , because it was so nigh scotland , and their country was so infected with the plague , that not only whole families but even whole villages have been swept away with that calamity , &c. and so he made a long speech to that effect . serjeant yelverton and m r d r carey came from the lords to desire that the conference touching leters patents might be prolonged till friday morning at eight of the clock , which was assented unto . it was put to the question , whether the bill of tillage should be committed , and most said i , i , i. then whether northumberland should be exempted ( upon m r serlebies motion ) and all said i , i , i. another matter which the committees in the continuance of statutes doubted of was , whether m r dormers proviso should be put into the bill of tillage made anno regin . eliz. m r davies said , may it please you , m r speaker , the gentleman is at the door ready to attend with his councel , to satisfie the house . may it please the house to hear him , and all said i , i , i. m r dodderidge of councel with m r dormer who came with him spake and said , m r speaker , it pleased her majesty to license m r dormer under her letters patents , with a non obstante this statute , to inclose three hundred acres of ground ; and he humbly prayeth the house to accept and admit of this proviso for the saving of his letters patents ; the rather for these reasons ; first , in respect the ground inclosed is a small quantity ; secondly , the country is apt for pasture not for tillage ; thirdly , the ground is a kind of a marish ground and too moist and soft and altogether unapt for tillage ; fourthly , in that her majesty hath granted her letters patents , and that they concern her prerogative , that this house , &c. so he delivered the proviso and m r dormer his letters patents , and went forth . m r serjeant harries said , ubi non est ordo , ibi est confusio . mr. speaker , divers gentlemen stand before the door , which breeds a confused sound when the question is propounded . may it please every man to take his place , that is both a seemly and antient custom . which they all did accordingly . mr. speaker said , i will put it to the question , whether this proviso shall be received . whereupon it was twice put to the question , and the i , i , i. were the greater both the times , but the noes would needs have the house divided . so the door being set open and no man offering to go forth , mr. martin said : mr. speaker , i have observed it , that ever this parliament , the noes upon division of the house have carried it . the reason whereof as i conceive is , because divers are loth to go forth for losing of their places , and many that cry i , will sit still with the no. i therefore do but move this unto the house , that all those that have given their i , i , would according to their consciences go forth , and for my part ( said he ) i 'le begin . sir walter raleigh rose up to answer him ; but mr. comptroller , sir john fortescue , and all the house seeing them , rose in a hurry to go forth , and did not hear him . whereupon himself and mr. secretary , it seemed , being of the no's , took some displeasure , as may appear by the speeches after . the house being divided upon mr. dormers proviso aforesaid , the i , i , i. were a hundred seventy six , the noes a hundred thirty four ; so that the i , i , i. got it by forty four voices . now after the house was set quiet , mr. secretary 〈◊〉 said , i am glad to see the parliament so full , which towards the end used to grow thin ; and therefore i think it convenient we agree upon some good orders . the reputation of this house hath ever been religiously maintained by order and government , but now error hath so crept in amongst us , that we know not what is order and what is disorder . the gentleman that last spake ( meaning mr. martin ) first brake order ; for after the question put and the house agreed to be divided , he spake perswadingly to draw those out of the house which perhaps meant it not . besides , he laid an imputation upon the house , that according to their consciences men would not so much as remove out of their place : but i think there is no man here so fantastical , that though they be for the bill , yet for their places sake , they will not alter their rooms . for this house is a house of gravity , conscience and religion . i think it therefore fit he should answer this imputation at the bar. we have all this parliament been against monopolies , now we our selves protect one : but i see that men which have desired to be popular without the house for speaking against monopolies , do also labour to be private within . but that i regard not . this i know , that good sums of money have been offered for the furtherance of this proviso ; but now it is past . i would now move you , that because we have spent some superfluous time in this division , and because the affairs of this parliament cannot possibly be dispatcht so soon as the parliament must end , because of the performance of that gift which we have given unto her majesty , which is nothing if it come not in due time , therefore that the house would be pleased after this day to sit in the afternoons , for we consume our time now in unnecessary disputations . mr. comptroller said , i think that notwithstanding any thing that hath been last said , howsoever our orders have been heretofore broken , yet the gentleman that spake , mr. martin , brake no order of this house by speaking , for the house favoured him with silence , and therefore admitted to him liberty of speech . that hi speech was neither perswasive or offered any imputation to this house , i neither perceive it nor conceive it so ; for it was only a caution to the house , that former orders were broken , and therefore now to be amended . and surely for not removing out of places , i have heard fault found before this time , and therefore the gentleman is not now to be taxed . that this should be a monopoly i can see no reason , for it hath been agreed that her majesty may dispense with any penal law , and that 's no monopoly , no more is this . and i am not of his mind that so great sums have been offered , the quantity of land being but little , and his cause both good and just . and i protest for my part , i neither knew nor have heard of any . for the last motion , which was the best , to sit twice a day , i do concur with him , and will be ready as a member of this house to give my attendance . sir walter raleigh said , i thought i had deserved of the house to have been heard to speak as well as he that spake before the division of the house ; and in that i offered to speak and was not heard , i had wrong . for him that last spake , he spake out of honour and not out of judgment . notwithstanding , i think it a monopoly , and the speech to be both perswasion , and to lay a great imputation upon the house . and this is all i would have said before . mr. martin offered to speak , and asked the speaker if he might answer . the house said i , i , i. no , quoth mr. secretary , you must stand at the bar. the cry of the house was , no. then m r secretary wisht it might be put to the question , first , whether he should speak or no ; and so it was , and not twenty said no. then it was put to the question whether he should speak at the bar : and m r brown the lawyer stood up and said , m r speaker , par in parem non habet imperium , we are all members of one body , and one cannot judge of another . so it being put to the question , there were not above twelve i , i , that he should stand at the bar. whereupon standing in his place he shewed the cause of his speech to have been only for the order of the house , and not out of any perswasive meaning that he had ; for he protested that he knew neither the man nor the matter . sir walter raleigh made report of the travel of the committees in the bill touching iron ordnance , and shewed , that they have drawn a new bill to that purpose , and delivered in the old and the new . on thursday the th day of december the bill touching silk-weavers , &c. was read the second time and committed unto the knights and citizens for london , the citizens for york , bristoll , norwich and canterbury , mr. barrington , m r johnson and others , who were appointed to meet this afternoon in the exchequer chamber . m r johnson a committee in the bill for assize of fuel brought in the bill amended in some parts by the committees , and delivered it in . the amendments in the bill touching the assize of fuel were twice read , and the bill was ordered to be ingrossed . the bill touching the taking away of gavelkind custom in kent was read the third time . m r francis moore said , he thought the bill a very idle and frivolous bill , and injurious ; for if a man take a wise , by the custom she shall have the moiety : but now if we make it go according to the common law , she shall have but the third part . so if the father commit a felony and be hanged , the son shall not lose his inheritance because the custom is , the father to the bough , the son to the plough ; which at common law he shall lose . m r serjeant harris said , i think this bill a very good bill , for it defeats a custom which was first devised as a punishment and plague unto the country . for when the conqueror came in , the reason of this custom was to make a decay of the great houses of the antient britains . for if a man of eight hundred pound per annum had had eight children , it must be divided into eight parts ; and then if these also had children , subdivided again usque in non quantum : whereas if it had gone to one by the common law , it would still have flourished , &c. m r bois among many reasons shewed , that it would in kent be a great loss to the queen of her subsidy ; for by reason of these sub-divisions there were many ten pound men . and whosoever knows the state of our country shall find more by under ten pound men than above come to the queen . and now if these being divided in several hands should now go according to the common law , this would make the queen a great loser . being put to the question , the no was the greater , yet the i , i , i. would needs go forth ; and upon division it appeared the i , i , i. were sixty seven , and the no a hundred thirty eight , and so the bill was rejected . the bill for suppressing of alehouses and tipling-houses was read the second time , and upon the question for committing dashed . m r francis moore offered a proviso to the house , and shewed that he was of councel , and standing fee with the corporation of vintners in london : and shewed that they were an antient corporation , and had ever used by force of divers charters of kings of this realm to sell wines ; and now by this bill all was inhibited : and therefore , &c. which was received . mr. johnson said , if this bill should pass , it would breed a great confusion of government ; for by this law the justices of the county might enter into the liberty of any corporation , and license sale of wine and beer . besides , he must be licensed by four justices , perhaps there be not four justices in a corporation , admitting power were not given to the foreign justice . now when these four justices have enabled him by this law , they have not power upon his misbehaviour to put him down , and so very insufficient and impossible to be mended . sir robert wroth said , the bill is that no man shall sell , &c. but he must be allowed in the quarter sessions by four justices , and what pain and charge this will be to a poor man to go with some of his neighbours twenty or thirty miles for a licence , and what a monstrous trouble to all the justices , i refer to your considerations , &c. and so the bill was dashed , as is aforesaid . mr. speaker shewed her majesties pleasure to be , that this house should proceed in all convenient speedy course of dispatching the businesses at this time fit to be dealt in , for that her majesty purposeth shortly to end this present session of parliament . this message being thus transcribed out of the original journal-book of the house of commons , now follows the residue of the passages of this forenoon out of a private journal . sir edward hobbie said , we attended the lords this morning touching the information against mr. belgrave , and in the end concluded , that forasmuch as it concerned their lordships as well as our priviledges , they desired some time to consult , and will send us word of their resolutions . vide december the th wednesday ensuing . doctor stanhop and doctor hone brought a bill from the lords intituled an act for establishing of the remainder of certain lands of andrew kettleby esq to francis kettleby , and so they departed . then the questions upon the continuance of statutes were offered to be read , but the house called for the bill of ordnance ; yet the clerk fell to read the questions , but the house still cryed upon ordnance . at length mr. carey stood up and said , in the roman senate the consul always appointed what should be read , what not ; so may our speaker , whose place is a consuls place : if he err or do not his duty sitting to his place , we may remove him . and there have been precedents . but to appoint what business shall be handled , in my opinion we cannot . at which speech some hissed . mr. wiseman said , i reverence mr. speaker in his place , but i take great difference between the old roman consuls and him . ours is a municipial government , and we know our own grievances better than mr. speaker : and therefore fit every man alternis vicibus should have those acts called for he conceives most necessary . all said i , i , i. mr. hackwell said , i wish nothing may be done but with consent , that breeds the best concordance ; my desire is , the bill of ordnance should be read . if you mr. speaker do not think so , i humbly pray it may be put to the question . mr. martin and mr. francis moore stood up , but mr. martin first , one would not yield to the other , and great calling there was , till at length mr. comptroller stood up and said , i am sorry to see this confusion in this house ; it were better we used more silence , and kept better order . yesterday you ordered the continuance of statutes should be read ; now in an humour you cry ordnance , ordnance . i pray you that which we first decree let us stick to , and not do and undo upon every idle motion . mr. secretary cecill said , i will speak shortly , because it best becomes me ; neither will i trouble your patience long , because the time permits it not . it is a maxim , praestat otiosum esse quàm nihil agere . i wish the bill for continuance of statutes may be read ; and that agrees with the precedent order of this house , and more with the gravity thereof : yet because the spirit of contradiction mav no more trouble us , i beseech you let the bill of ordnance be read , and that 's the house desire . an act against transportation of iron ordnance , gun-metal and shot was read the first time . sir robert wroth informed the house that a ship is now upon the river ready to go away laden with thirty six pieces of ordnance . post meridient . after dinner ( the house now sitting as in the forenoon ) the amendments in the bill to confirm the assurance of the mannors or farms of sagebury alias sadgbury to samuel sands esq and john harris gent. and their heirs , were twice read , and the bill was ordered to be ingrossed . sir edward hobbie moved , that where one bird a servant of his hath been arrested in london at the suit of one woolley , his said servant might have the priviledge of the house : whereupon it is ordered that the said woolley and the serjeant that made the arrest be sent for by the serjeant of this house to answer unto this house for their said contempt . the fishmongers of london were heard with their councel touching a proviso to be added to a former act made in the year of her majesty for encrease of mariners and maintenance of the navigation . the proviso for the fishmongers to be added to the statute of continuances was twice read , and committed to the committees for continuance of statutes to be allowed or rejected as shall be further thought sit . the bill for continuance of statutes committed to all the queens learned council being members of this house , sir walter raleigh , sir francis hastings , sir robert wroth and others , who were appointed to meet in the court of wards at two of the clock in the afternoon . the bill for the relief of the poor was read the second time and committed unto m r comptroller , sir robert wroth , sir francis darcie , mr. francis bacon , mr. lieutenant of the tower and others , who were appointed to meet to morrow in the afternoon at two of the clock in the court of wards . m r ireby made report of the meeting of the committees in the bill for draining certain surrounded grounds in the county of sussolk , ( who were appointed on saturday the th day of november foregoing ) and shewed that the committees have thought fit to draw a new bill to that purpose , and so delivereth in the old and the new . mr. winch moved , that according to the resolution of the committee in the bill against transportation of iron ordnance , the house should proceed both by bill and also by petition unto her majesty ; which being debated , it was resolved , that those of the privy council being members of this house should move her majesty in the name of this house in that behalf . the new bill against transportation of gun-metal , ordnance and iron shot was read the second time , and committed unto all the privy council members of this house , sir walter raleigh , sir robert wroth , sir francis darcie and others , who were appointed to meet upon saturday next in the afternoon at two of the clock in the court of wards . oliver cromwell esquire returned this present parliament knight for the county of huntington , is for his necessary occasions of business licensed by mr. speaker to depart . on friday the th day of december the bill comprehending and containing the maintenance of good and profitable arts and trades for the commonwealth was delivered by mr. johnson , ( who was desired to put the same into the house by mr. george brook brother to the lord cobham ) the effect of it was , that every man which had or could invent any art or trade , should for his life monopolize the same to his own use , or he that could add to or refine the same should do the like . mr. fettiplare shewed , that the bill was unprofitable and not good for divers reasons . first it was too general , because it speaketh as well of arts invented , as to be invented . secondly , the bill sheweth not that they will be profitable for the commonwealth ; whatsoever they be , this bill alloweth . for divers arts have been devised in london , that that shall be wrought with one man , which would not heretofore be done with forty : this is unprofitable , because it setteth not the poor and many hands on work . thirdly , it will breed confusion ; because if but a little addition be made by another , a new licence is granted to this man ; and now if to that addition another shall add , that will be in infinitum , and so confusion . whereupon he concluded , that he for his part thought fit the bill should be quash'd , and divers cried , away with it . another said , i wish that the bill might be read again and considered because we allowed of these kind of patents once this parliament , namely in the licence for making tinn by mills out of the old rubbish in cornwall , upon the motion of sir walter raleigh ; and this bill desireth no more in effect . next for the incertainty , upon the consideration of the bill by some few committees the same might be amended . besides , he that hath invented any art or trade , it is reason he should have some priviledge , because it would be an incouragement to others , and nemo naseitur artisex . no man would come to that perfection upon the first knowledge of it , as being taught by the first inventor for a season . also the proposition of the gentleman that last spake , did not hold in all arts , that it is unprofitable that the work of many should be done by one ; for it is profitable for the common-wealth , if water may be brought to ever mans house for ten shillings value , where it would not be done with ten pound cost , as by the water-work device in london . so of iron mills the low-countries , and of the corn mills upon the thames . so of shooting and charging of ordnance and fire-works and the like . and generally of all arts , trades and sciences which cannot be done by poor but by persons judicious and of skill , and those that have a more natural inclination to come to perfection in these things than every base beggar . for his last proposition , i say that non est confusio in certa scientia , &c. m r snigg said , the author of the bill perhaps was a sugarman , for he hath the word refiners of arts , &c. so it was put to the question for to be read the second time ; and all said no. but when the speaker said , all those that will have the bill read the second time say i , sir richard knightly said no aloud ; at whch the house laughed , and not one said i , i. three bills had each of them one reading ; of which the last being the bill touching the recovering of certain surrounded grounds in the county of norfolk was read the third time , and passed upon the question . m r serjeant harries a committee in the bill touching silk-weavers , brought in the bill with some amendments . the amendments in the bill touching silk-weavers being twice read , the bill was ordered to be ingrossed . the bill that the land of edward lucas gentleman shall be lyable to the payment of certain legacies , was read the second time , and committed unto sir john cutts , sir john cotton , m r attorney of the wards and others , who were appointed to meet to morrow in the afternoon in the court of wards at two of the clock . two bills also had each of them one reading ; of which the second being the bill for the assurance of the joynture of rachell wife of edward nevill of birling in the county of kent , was read the third time and passed upon the question . m r serjeant yelverton and m r d r swale coming from their lordships , declared that their lordships are ready for conference according to the former appointment in the bill concerning letters patents ; as also touching a paper delivered unto their lordships containing an information against m r belgrave a member of this house in the court of star-chamber . it is ordered that the copy of information exhibited into the star-chamber against m r belgrave a member of this house , which was sent down from the lords unto this house this day , shall be forthwith examined with the record , and amended where it shall differ , and be certified under the clerks hand of the star-chamber to be a true copy . vide concerning this business of m r belgrave on thursday the third day , monday the th day , tuesday the th day and on thursday the th day of this instant decem ber foregoing , as also on december the th wednesday ensuing . four bills were sent up to the lords by m r secretary cecill and others ; of which one was the bill for recovering of certain surrounded grounds in the county of norfolk , &c. m r browne a committee in the bill touching repairing of the bridges near carlisle , brought in the bill with some amendments . the amendments in the bill touching the repairing of the bridges near carlisle were twice read , and the bill was ordered to be ingrossed . the additions in the bill touching the assize of fuel were twice read , and with the bill ordered to be ingrossed . two bills also had each of them one reading ; of which the second being the bill for relief of souldiers and mariners was read the second time , and committed unto m r secretary cecill , sir francis hastings and others , who were appointed to meet at the time and place before appointed for relief of the poor . thus far of these foregoing passages out of the original journal-book or the house of commons ; now follow some remembrances of that which was agitated at a certain committee of both houses in the painted chamber this forenoon out of a private journal . the lords committees ( who were appointed to have conference with the committees of the house of commons in the bill touching letters patents , &c. ) being set in the painted chamber , mr. secretary cecill with the residue of the committees of the said house repaired unto them , where m r secretary going to the upper end of the table spake to this effect . that if their lordships had already concluded what to do in the bill for patents , then they had no commission to proceed ; and if they had altered the bill in any point with amendments , they also had no commission : but if their lordships had done neither , but only were desirous to be resolved of any doubt which they in their wisdoms conceived , and would willingly thereabout confer with them , they would most willingly accomplish their lordships desire , for they had sufficient warrant from the house . the lord buckhurst lord treasurer after a little whispering with the lords together , answered , that he would not have us preoccupate their judgments with a speech both strange , improper and preposterous , with other words , &c. m r secretary said , he could not answer his lordship nor the rest without order from the other committees ; and therefore prayed they might confer together : which was granted . so they went forth into an outward room and there conferred what speech or answer to make ; and so after they returned again , and mr. secretary said , my lords , we of the lower house are very sorry your lordships should any way conceive otherwise than well of our speech and good intent . your lordships termed our speech ( for so i may say , because i spake in the name and behalf of the committees ) strange , improper and preposterous . my lords , i think it not strange , for it is not unknown of your lordships that we be all members of one body , and as we cannot be without your lordships , so your lordships cannot be without us ; and when we are desirous , it pleaseth your lordships out of your favour to vouchsafe us a conference ; so when you be willing , it pleaseth us out of the desire we have to be observant , to yield thereunto : neither have your lordships been more forward to gratify us with your favours , than we of the lower house have been willing to further your honours desires with our best furtherance . and therefore my lords , it is no strange thing to have a conference , neither our speech strange because it tended to draw us to some particular point of conference . for the epithet improper , i am to tell your lordships , that i delivered no more than i was commanded , nor no less than i was required . and therefore by your lordships favour , no cause it should deserve the title of impropriety . and i take it , by your lordships favour , it was not preposterous : for my lords , the first matter we took should be handled , was the doubts which we imagined your lordships had conceived of the bill ; and if your lordships had ought else conceived , i thought fit to shew your lordships that we then came without commission . so my lords , i hope i have made it appear , that the speech was neither strange , improper nor preposterous . but we of the lower house who be here committees , do beseech your lordships that you would not conceive otherwise of us than we deserve ; and your lordships shall find us ever ready in all dutiful service as coadjuting members of one united body the house of parliament . so after withdrawing of themselves a little from the table , the lords hummed and whispered , and at length calling us , the lord treasurer said , the lords were satisfied with our answer , and very glad they found us so conformable ; by which they doubted not but we should well agree for the conference , whereby the bill might have the better passage . m r secretary answered , that he was very glad their lordships did conceive aright of them ; and that the committees , because they were many and would not be troublesome with multiplicity of speech , had chosen for their speakers to satisfie their honours , m r bacon , m r serjeant harris , m r francis moore , m r henry mountague , m r philipps and m r boice . so the lords called m r attorney general for them , who having spoken a while on the one side , and been answered by serjeant harris on the other side , the conference or meeting of the said committees brake up imperfectly , and was further deferr'd till the next morning . the passages of this afternoon do now follow out of the original journal-book of the house of commons in manner and form following . post meridiem . three bills had each of them one reading ; of which the second being the bill to prevent perjury and subornation of perjury was read the third time , and passed upon the question . m r mountague a committee in the bill touching souldiers and others , certified in the bill with some amendments , whereof he prayed the reading . the amendments in the bill for relief of souldiers and mariners were twice read , and the bill was ordered to be ingrossed . the bill touching policies of assurances used amongst merchants was read the second time , and committed unto sir walter raleigh , m r doctor caesar , sir francis bacon , sir stephen soame and others ; and the bill was delivered to sir francis bacon , who with the rest was appointed to meet to morrow in the afternoon in the court of wards at two of the clock . the bill touching hat-makers was read the third time , and upon the question and division of the house passed , with the yea ninety three , and with the no forty six . john yakesley esq returned into this present parliament one of the burgesses for the town of cambridge , is for his necessary affairs licensed by mr. speaker to depart . upon motion made by serjeant harris , that anthony curwin servant attendant upon william huddleston esq a member of this house , hath been arrested into the counter in the poultrey in london , at the suit of one matthew a chyrurgeon ; it is ordered , that the serjeant that made the said arrest and the said matthew should be sent for to answer in this house for their said contempt , as appertaineth . m r adam and listers councel are appointed to be heard to morrow . on saturday the th day of december the bill to avoid the stealing of cattle was read the second time and committed unto sir george moore , mr. maynard , mr. brown and others , who were appointed to meet upon tuesday next in the middle-temple hall at two of the clock in the afternoon . two bills had each of them one reading ; of which the second being the bill for confirmation of the mannor of sagebury aliàs sadgbury unto john harris and samuel sandys gent. was read the third time and passed upon the question . some part of this forenoons passages doth now next follow out of private journals . an act for redress of certain abuses used in painting was read the third time . it was moved by sir george moore and some others , that the bill might be let slip , and the cause refer'd to the lord mayor of london , because it concerned a controversie between the painters and plaisterers of london . to which m r davies answered , that the last parliament this bill should have past this house , but it was refer'd as is now desired , and bonds made by the plaisterers for performance of the orders to be set down by the lord mayor ; yet all will do no good : wherefore , m r speaker , i think it good to be put to the question . sir stephen soame desired that my lord mayor might not be troubled with them , &c. but that it might be put to the question , and it seemed likely to go against the painters . but m r heyward townsend as it was putting to the question stood up , and shewed , that in the statute of ed. . cap. . plaisterers were not then so called but dawbers and mudwall-makers , who had for their wages by the day three pence , and their knave three half pence ( for so was his labourer called ) they so continued till king henry the sevenths time , who brought into england with him out of france certain men that used plaister of paris about the kings sieling and walls , whose statute labourers these dawbers were . these statute labourers learned in short time the use of plaister of paris , and did it for the king , who increased to be many : then suing to the king for his favour to incorporate them , he did fulfil their desire , incorporating them by the name of gipsarium , which was for clay and mud , aliàs morter-makers , an. hen. . being no freemen for all their corporation , they obtained the kings letters in their favour to sir william remmington the lord mayor of london and the aldermen , to allow them freemen , which was granted ; at what time came in four of them paying ten shillings a piece for their freedoms : and in three years after that manner came in to the number of twenty , but they paid four pound a piece for their freedom . they renewed their patent in king henry the eighths time , and called themselves plaisterers aliàs morter-makers , for the use of loam and lyme . they made an humble petition and supplication after this to sir john munday then lord mayor and to the aldermen , to grant them ordinances for the better rule and government of their company , in these words , viz. we the good folks of plaisterers in london of plaister and loam of the said city , for redress of certain abuses of lath-plaister and loam wrought in the said craft , &c. and had allowed unto them search for their company for the use of lath , loam and lyme . in all their corporations at no time had they the word colours , neither yet in their ordinances . for all they were incorporated by the name of plaisterers , yet in all king henry the eighths time they were called dawbers , as appears in the accompts of the chamber of london , paid to such and such dawbers for so many days so much , and to their labourers so much . the plaisterers never laid any colour upon any of the kings houses , nor in the sheriffs of london , but this year . they wore no livery or cloathing in the seventeenth of king henry the eighth . they have been suffered to lay alehouse colours as red lead and oaker with such like , and now intrude themselves to all colours ; thus they take not only their own work but painting also , and leave nothing to do for the painter . painters and stainers were two several companies in king edward the thirds time ; one for painting of posts and all timber-work , and the other for staining and painting of cloth of great continuance . the two several companies were joined both into one by their own consents , and by the consents of the lord mayor and court of aldermen of the city the nineteenth year of king edward the fourth . the painters had orders allowed them for the use of oyl and colours , especially named in king henry the fourths time , from the lord mayor and city . painters cannot work without colours , their only mixture being oyl and size , which the plaisterers do now usurp and intrude into . painters have her majesties letters patents dated the twenty fourth year of elizabeth , forbidding any artificer the use of colours and oyl or size , after the manner of painting , but only such as have been or shall be apprentice , namely with a painter , seven years at the least . and where the plaisterers object , that the painters do abridge other companies of their colours , that is most apparently untrue ; for goldsmiths do use colours , but not after the manner of painting , and work without oyl or size . book binders use colours , but neither with oyl or size . so cutlers use varnishing and gilding ; so glaziers use colours with nealing in the oven ; bricklayers use colours , but neither with oyl or size ; and joiners do use varnish . workmanship and skill is the gift of god , and not one in ten proveth a workman ; yet it is requisite , that all such as have been brought up all the dayes of their life in a trade , and cannot attain to the excellency of skill that is required , should live by the baser part of their science , when they cannot attain the better , which is in working in oyl and size those flats , posts and windows , &c. if plaisterers may be suffered to paint , workmanship in painting will decay ; for no workman will keep an apprentice four or five years to practise and not able to get one penny , unless he might now get something towards his meat and drink in laying of oyl colours , as on posts . and experience teacheth us now , that among the number of three hundred there are not twelve sufficient workmen to be found in london . yet one of these ( such was his poverty ) was fain for his relief to wife and children to wear upon the lord mayors day a blue gown and red cap , and to carry a torch ( he being fifty years old . ) one man will lay and paint more colours in a day than ten men can grind , which grinding of colours shall be the relief of two or three hundred poor men , that cannot attain workmanship , and that is taken away by plaisterers , and the poor men both painters , their wives and children go a begging for want of work . besides , painting of cloths is decayed , and not an hundred yards of new painted cloth made in a year here by reason of so much painted flanders pieces brought from thence ; so as the painters have nothing to live on , but laying of oyl colours on posts , windows , &c. it is a curious art and requireth a good eye , and a stedfast hand , which the infirmity of age decayeth quickly , and then painters beg . plaisterers take money from the highest personages to the meanest cottagers , whose walls must needs be made : painters take money but of a few for their delight . painters give to the plaisterers six kind of colours commonly used ( as the bill importeth ) to be laid with size and not with oyl ; and for every twenty shillings earned with oyl colours , there is ten pound earned with size colours , being every mans money . these walls thus curiously painted in former ages , the arms so artificially drawn , the imagry so perfectly done , do witness our forefathers care in cherishing this art of painting , &c. so i think the bill very reasonable and fit to pass ; and thereupon the bill passed upon the question . the residue of this forenoons passages do hereafter follow out of the original journal-book of the house of commons . two bills had each of them one reading ; of which the first touching garbling of spices was read the third time , and passed upon the question and division of the house , with the difference of fifty four voices , viz. with the yea ninety five , with the no forty one . m r attorney general and m r doctor carew coming from the lords unto this house do signifie , that their lordships are ready for conference with the committees of this house appointed to have conference with their said lordships in the bill touching confirmation of grants and letters patents , &c. the four bills last past were sent up to the lords by m r secretary cecill and others . the bill touching the prisoners in ludgate was read the second time , and committed unto all the queens learned councel being of this house , the master of requests , sir stephen soame , m r philips and others , who were appointed to meet this afternoon at the committee chamber of this house at two of the clock in the afternoon . the bill to redress misimployment of lands , goods and stocks of money heretofore given to certain charitable uses , was upon the second reading committed to the former committees ( who were appointed on saturday the th day of november foregoing ) and unto sir edward stanhop , m r maynard , m r harris and others , who were appointed to meet in the committee chamber of this house at two of the clock this afternoon . m r brown a committee in the bill against transportation of iron ordnance declared the travel of the committees , and delivered in the bill with some amendments . the amendments in the bill against transportation of ordnance , &c. was twice read , and the bill was ordered to be ingrossed . sir francis darcie a committee in the bill touching relief of maimed souldiers and mariners , declared the addition of some few words unto the same by the committees , viz. [ do not exceed or be under ] and in another place these words , viz. [ and be under ] which being twice read the bill was ordered to be ingrossed . post meridiem . the bill touching the establishing of the remainder of certain lands unto kettlebie was read the second time and committed unto m r comptroller , m r secretary cecill and others , who were appointed to meet in the court of wards upon monday next in the morning at eight of the clock . the bill for the more diligent coming to church on the sunday , was read the third time . to which several speeches were made as followeth . m r bond said , this bill as it is now ingrossed , much differeth from the first which was here presented , which i the better like of . notwithstanding , in my opinion , the bill is altogether needless , and divers reasons move me to think it both inconvenient and unnecessary . every evil in a state is not to be met with in a law ; and as it is in natural , so it is in politick bodies , that sometimes the remedy is worse than the disease . and therefore particular laws against particular offences induce novelty , and in novelty contempt . hippodamus milesius offered to reward any man bountifully which could invent a good and new law : but aristotle condemneth that policy , and the best orator demosthenes condemneth that state which will admit of any innovation , although it be good in it self . if this bill passeth , there will be two imputations happen to the state , which wisdom wills us both to forsee and shun : the first an infamy to our ministers , that our adversaries may say , this is the fruit of your labour to have preached away your audience out of the church ; the second no less but rather a greater imputation upon our archbisnops and other ecclesiastical governours , that they be either remiss in their authority , or else that their prerogative hath not so much power as a twelve peny fine . and doubtless these imputations cannot be avoided , if we give the jesuits such head , scope and comfort as they in their writings do greedily apprehend . i do , m r speaker , conceive great difference betwixt primo eliz. when time was , and this law of eliz. as now it is . then the people were newly taken from massing and superstition ; now they are planted in truth , and rooted in religion . the light did then scarce appear unto them , which now shineth with glorious beams upon our teachers and ecclesiastical judges . and as the malice of the adversary was only against them in the beginning , so is it stretcht forth to put down , and flameth like a consuming fire to devour our doctrine . these reasons aforesaid were the ground-work of osorius's foundation in his epistle unto her majesty , to give advantage to speak evil . i will give but a reason or two more and so an end . suppose that a neglector of church-service comes to the sessions there to be examined , alledging an excuse ; many businesses so concern the doer not to be known , that to speak truth would be his undoing , and to speak untruth would be a wound unto his conscience ; and to say his business , were a meer mockery ; and to say an untruth , an apparent danger . if this law may stand for a law , methinks i foresee what breach of charity will happen . say there be forty in a town absent , the church-warden presents some and not others : it will be objected unto him , wherefore should i be presented and not he ? why my wife , my son , my servant , my friend , not his , &c. will not this be a great breach to unity and peace ? just prosecution will be infinitely cumbersome , and partial connivance subject to quarrel . notwithstanding this statute we leave power to the ecclesiastical judge whose course is to proceed to excommunication , and so an excommunicato capiendo must be had . this is as great a charge as the indictment in the statute of primo . in this statute a witness or two must be brought to the sessions , he must be presented to the grand jury and so indicted ; this will cost five shillings , a noble or ten shillings , which is as much as the charge in the first statute . so because this bill is slanderous to the clergy , slanderous to the state , repugnant to charity and crambe recocta , i humbly pray it may receive the like entertainment the former bill had , viz. to be rejected . sir francis hastings said , i shall speak upon great disadvantage ; i perceive this member of our house hath taken studied pains to disturb the passage of this bill . to which i shall not so well answer , because i shall not so well carry away the particulars of this politick , but not religious discourse . if it be religion to be obedient at pleasure , if i could be zealous to day , and cold to morrow , i could subscribe to all that he hath said . we connot do a more acceptable thing to god or a more dutiful service to the state , than bring men to fear god. religion and policy may well stand together : but as that policy is most detestable which hath not religion to warrant it , so is that religion most happy which hath policy to back and maintain it . i know the jesuits and priests be out of square , and be at a jarr amongst themselves : i pray god it be not to make a breach among us , who be yet in unity . wit well applyed is a profitable thing ; but ill applied , dangerous , in whomsoever doth abuse it . there is no man of sense and religion , but thinketh that be is far from religion ( pointing at m r bond ) that made the speech . first , he said it would be an imputation to our ministers . that speech was both absurd in judgment and slanderous in uttering ; as though by the ministers of the word we were loth to hear of our sins or reconcile our selves to god. the second , that it was an imputation on archbishops , bishops , &c. i am so far from blaming their government , that i renounce that position . i am very sorry , that the strength of their authority stretcheth not so far as i could wish it in this point . but methinks this law should rather be a credit to the ministry , that now we having gone to church these forty three years our selves , are so fervent in religion , that we desire also that others may do the like . i beseech you give me leave to wipe away a grievance , which it seems the gentleman that last spake imputeth unto me . he hath made a protestation , that he is no papist : i appeal to you all if i said he was . and i say he is no puritan if he be not a papist ; for if there be ever a puritan in england , it is a papist . i learned of d r humfrey who was sometimes my tutor , a division of four sorts of puritans ; first , the catholick which holds that a man cannot sin after baptism ; secondly , the papist , which is such a merit-monger , that he would not only save himself by his own merits , but by the merits of others also ; a third sort are the brownists or family of love , a sect too well known in england , i would they had never so been ; the fourth and last sort are your evangelical puritans , which insist wholly upon scriptures as upon a sure ground ; and of these i would we had many more than we now have . it was shewed by d r bennet upon occasion of speech of the multitude of recusants , that there were thirteen hundred , nay fifteen hundred recusants in yorkshire , which he vouched upon his credit were presented both in the ecclesiastical court and before the council at york . so after divers speeches and arguments it was put to the question , whether the bill should be ingrossed , and the greater number could not be discerned . whereupon sir robert wroth shewed , that he had a proviso ready ingrossed , the substance whereof was , that if any man came eight times a year to the church , and said the usual divine-service twice every sunday and holyday in his house , with his whole family , that should be a sufficient dispensation . this was utterly misliked : yet divers which were desirous to overthrow the bill went forth with the proviso , because they would have it joined with the bill to overthrow it . whereupon the house was divided , and upon division it appeared thus , the i , i , i were a hundred twenty six , the no were eighty five . so the proviso past . then it was put to the question for the bill , but then divers reasons were shewed , m r bonds two reasons of prejudice to ministers and the clergy , and the danger by breach of charity ; that the information was a thing contrary to magna charta , that there might be a conviction without enquiry . sir walter raleigh shewed , that all the church-wardens of every shire must come to the assizes to give information to the grand jary ; say then there be a hundred and twenty parishes in a shire , there must now come extraordinary two hundred and forty church-wardens : and say that but two in a parish offend in a quarter of a year , that makes four hundred and eighty persons with the offenders to appear ; what great multitudes this will bring together , what quarrelling and danger may happen , besides giving authority to a mean church-warden , how prejudicial this may be , &c. with divers other reasons against it . as also some ambiguities and equivocations therein ; the proviso newly added being a plain toleration from coming to church ; and that the parson could not present or constrain any if they said service at home . so it was put to the question thrice together , and because the truth could not be discerned , the house was again divided , and the i , i , i went forth and were a hundred and five , and the noes within a hundred and six . so they got it by one voice , and the i , i , i lost ; but then the i , i , i said they had m r speakers , which would make it even . and then it grew to a question , whether he had a voice . sir edward hobbie who was of the i , i , i side , said , that when her majesty had given us leave to chufe our speaker , she gave us leave to chuse one out of our own number and not a stranger , a citizen of london and a member ; and therefore he hath a voice . to which it was answered by sir walter ralergh , and confirmed by the speaker himself , that he was foreclosed of his voice by taking that place , which it had pleased them to impose upon him ; and that he was to be indifferent for both parties : and withal shewed , that by the order of the house the bill was lost . m r bowyer , secretary to the old lord treasurer buckhurst , said , m r speaker , i think it not lost , for there hath been foul and great abuse offered in this matter . a gentleman that would willingly go sorth according to his conscience , was pulled back : though i much reverence my masters of the temple , and am bound to our benchers of the middle-temple , yet if it will please the house and you m r speaker to command me to name him , i will. the greatest voice said no , yet m r secretary cecill willed him to name him , and he said , it was m r dale of the middle-temple . sir walter raleigh said , why if it please you , it is a small matter to pull one by the sleeve , for so have i done my self ostentimes . ( and great loud speech , and stir there was in the house . ) m r comptroller ( after silence ) said , we have been often troubled by a physician ( meaning m r bond ) and he hath been spoken against . he troubled us with aristotle and other books ; if he had stayed there , it had been well : but i think we had need of physicians to stay our heads and cool our heats and humours , not fitting a court of parliament ; for it is a most intolerable disorder . i think the offence is a hainous offence , both against god , and this assembly . for the first , in that every man is to go according to his conscience and not by compulsion ; and for the other gentleman sir walter raleigh , that said he had often done the like , i think he may be ashamed of it ; for large is his conscience , if in a matter of so great consequence he will be drawn either forwards or backwards by the sleeve ; and i think it so hainous , that he deserves to answer it at the bar ( meaning m r dale , but because sir walter raleigh was last named , it was taken to be meant of him . ) m r secretary cecill said , i am sorry to see this disorder , and little do you know how for disorder the parliament is taxed , i am sorry i cannot say slandered . i had hoped as this parliament began gravely and with judgment , so we should have ended modestly , and at least with discretion . i protest i have a libel in my pocket against the proceedings of this parliament . the offence which the gentleman that last spake , spoke of , i confess is great and punishable ; and this i wish may be inflicted on him , that he whose voice may be drawn either forwards or backwards by the sleeve , like a dog in a string , may be no more of this house ; and i wish for his credits sake he would not . but that it should be so great to be called to the bar , i see no reason , neither do i know why any in this house should speak so imperiously as to have a gentleman of his place and quality ( pointing to sir walter raleigh ) called to the bar , i see no reason for it : for the matter it self , the noes were a hundred and six , and the i , i , i a hundred and five , the speaker hath no voice ; and though i am sorry to say it , yet i must needs confess lost it is , and farewel it . there was another gentleman , a no , pulled out as well as the other was kept in , and therefore it had happened even howsoever ; for m r edward jones and m r barker pulled out lyonell ducket . the residue of this afternoons passages and part of the next day do now next follow out of the original journal-book of the house of commons it self , viz. m r doctor carew and m r doctor hone did bring from the lords two bills passed with their lordships ; of which the first was the bill concerning captains , souldiers , mariners and other the queens services in the wars . m r serjeant yelverton and m r doctor hone being come from the lords do declare , that their lordships do desire another conference between the committees of this house and the committees of their lordships , which they do appoint to be upon monday next at the fore-appointed hour and place ; and that the former committees ( who were appointed on thursday the th day of november foregoing ) or others whom this house shall thereunto appoint , may have authority from the house to conclude and resolve upon the bill lately passed from this house unto their lordships , viz. the bill for confirmation of grants and letters patents , &c. which was by the house ordered and agreed unto accordingly . on monday the th day of december , two bills had each of them one reading ; of which the second being the bill touching cosening bankrupts was read the first time , and upon the question and division of the house ordered not to be read any more , with the yea thirty five , with the no forty five . two bills also had each of them one reading ; of which the second being the bill for the draining of certain surrounded grounds , &c. had its second reading , and was delivered to the former committees ( who were appointed on tuesday the first day of this instant december foregoing ) to meet in the exchequer chamber this afternoon at two of the clock . the bill touching denizens , ( after some questions and arguments whether matthew de quester should pass and be inserted among the rest ) being thrice read , it was passed upon the question . m r moore made report of the meeting of the committees in the bill for continuance , repeal and explanation of certain statutes , and delivered in the bill with some additions and provisoes . the amendments , additions and provisoes in the bill for continuance , repeal and explanation of statutes was twice read . provisoes for dover-haven in the bill for continuance and repeal of statutes were twice read , and committed unto m r comptroller , sir walter raleigh , m r snigg , sir john lewson and others . m r francis bacon made report of the travel of the committees in the bill touching policies of assurances , and brought in the bill with some amendments , and prayed the reading thereof . the amendments in the bill touching policies of assurances used amongst merchants were twice read ; and with the bill ordered to be ingrossed . m r doctor swale and m r coppin did bring from the lords the two bills formerly passed in this house , the one intituled an act touching orders in the exchequer with a proviso added to the same by their lordships likewise passed with the lords , and another touching the jointure of lucie countess of bedford with certain amendments and two provisoes added . three bills had each of them one reading ; of which the first being the bill for the repeal of an act made in the fourteenth year of her majesties reign touching the reforming the length of kersies was read the second time , and committed unto sir george moore , sir edward moore , m r kingsmell , m r popham , the burgesses of clothing towns , and others , who were appointed to meet this afternoon at two of the clock in the exchequer court. the two bills last passed were sent to the lords by m r secretary cecill and others the committees appointed to have conference with the lords this afternoon . m r philipps , one of the committees in the bill against misimploying of lands , stocks and stores given to charitable uses , brought in the bill with some amendments added by the committees , of which he praveth the reading . the amendments in the bill against misimploying of lands , stocks and stores of money given to charitable uses were twice read , and the bill ordered to be ingrossed . the proviso that came from the lords in the bill touching orders in the court of exchequer was twice had , and committed presently to be considered of by m r sollicitor and m r winch in the committee chamber of this house . the bill for the repairing of two bridges near the city of carlisle in the country of cumberland , was read the third time and passed upon the question . two bills also had each of them their third reading , and passed upon the question ; of which the first was the bill concerning the assize of fuel . thus far out of the original journal-book of the house of commons ; now follow the passages touching the arrest of a servant of a member of the same , out of a private journal . m r davies moved the house and shewed , that a servant of mr. huddleston ( knight for cumberland ) being some twelve months since hurt in the hand , went unto one matthews a chirurgion by fleet-bridge , who for ten pounds undertook the cure ; the man gave him a bill of ten pound for the said 〈◊〉 , which he the said matthews could not perform without leaving a great scar , and withal a little 〈◊〉 in his hand : notwithstanding he paid the chirurgion eight pound . but upon what suggestion i know not , matthews hath sued mr. huddleston's man for the whole ten pound and arrested him upon an execution into the counter . the man told him he was mr. huddlestons servant , and that his master was a member of this house and a knight of a shire , and that he was thereby priviledged from arrests , and wisht to be discharged ; but matthews and the serjeant answered him , they cared not for his master nor for the priviledge , and said that he was not priviledged from an execution . and so being carried to the counter , he told the like there to the clerks , who affirmed likewise that priviledges could not extend to executions , and therefore would not discharge him . and therefore i pray in the behalf of the gentleman , that both matthews and the clerks and serjeant may be sent for . and so they were ordered to appear to morrow in the afternoon . the bill touching captains , souldiers and mariners , and other her majesties services in the wars , was read the first time . post meridiem . sir robert wroth , a committee in the bill for relief of the poor , brought in the bill with the amendments , and a proviso added by the committees . the proviso and amendments in the bill for the relief of the poor , were twice read , and the bill was ordered to be ingrossed . two bills had each of them their third reading ; of which the second being the bill for the confirming the authority and government of the mayor , sheriffs and aldermen of london within s t katherin's christ church , was upon the question of amendments in the bill and the division of the house dashed with the difference of forty three voices , viz. with the yea forty nine , and with the no eighty six . the bill touching matters in policies of assurances was read the third time , and passed upon the question . mr. wirgfield , a committee in the bill touching the draining of surrounded grounds in the counties of cambridge , huntington , northampton , suffolk and norsolk , &c. brought in the bill with some amendments and a proviso added by the committees , and prayed the reading thereof . the amendments and proviso in the bill touching draining of surrounded grounds in the counties of cambridge , huntington , northhampton , &c. were twice read , and the bill was ordered to be ingrossed . the bill for the more peaceable government of the counties of cumberland , northumberland and westmerland with the bishoprick of durham was read the second time , and committed unto all the privy council being members of this house , the knights of cumberland , northumberland and westmerland , and others , who were appointed to meet to morrow in the morning in the committee chamber of this house . on tuesday the th day of december , four bills had each of them one reading ; of which the last being the bill for avoiding of idleness and setting the poor on work , was read the second time , and upon the question for committing or ingrossing dashed . mr. dr. stanhop and mr. dr. hone did bring from the lords a bill that passed in this house intituled an act for the making of an harbour or key on the north parts of devon in the river of severn , for the safeguard of men and shipping , &c. with the amendment of one word to be put out , viz. the word free. the amendment brought down from the lords in the bill touching a harbour or key to be made , &c. was thrice read and assented unto by the house , and so passed upon the question . two bills also had each of them one reading ; of which the last being the bill for the relief of theophilus adams , &c. was read the third time , and after councel heard on all parts , dashed upon the question . sir edward hobbie a committee in the bill touching kettlebie and kettlcbie , shewed the travel of the committees in framing of a new bill by consent of parties , and so delivered in both the old and new . the bill for ending and appeasing of all controversies , matters and debates between francis kettlebie on the one part , and andrew kettlebie and jane his wife of the other part , was twice read , and committed unto m r sollicitor , sir edward hobbie , sir francis hastings , sir edward stafford and others , who were appointed to meet and consider presently in the committee chamber of this house . the bill for continuance and repeal of statutes was read the third time , and passed upon the question . after many arguments and speeches had for admittance of a proviso for mr. dormer in the bill of continuance of statutes , it was upon the question and division of the house dashed with the difference of thirty five voices , viz. with the yea a hundred and eleven , and with the no a hundred forty six . the amendments added by the committees in the bill touching kettlebie and kettlebie were twice read , and with the bill ordered to be ingrossed . robert drew esq returned one of the burgesses for the borough of vizes in the county of wilts , is for his necessary and important affairs licensed by mr. speaker to depart . post meridiem . the amendments in the bill touching the true making and working of woollen-cloths were twice read , and the bill was ordered to be ingrossed . anthony matthew a chirurgeon being brought to the bar , and charged by mr. speaker with his contempt against the liberties and priviledges of this house , and the members of the same , in causing anthony curwin servant attendant upon mr. huddleston a member of this house to be arrested into the counter in the poultry in london , which anthony matthew being asked what he could alledge for his defence herein , answered and affirmed that he did not know that the said curwin did belong to any member of this house , and he most humbly submitting himself unto the censure of this house , was after sundry speeches therein had , discharged paying his fees to the serjeant and clerk. and upon the question it was resolved that the said anthony curwin should have priviledge . sir john cutts a committee in the bill touching flowerdew and lucas made report of the meeting of the committees , and of some amendments added by them unto the bill , which he prayeth may be read . two bills had each of them one reading ; of which the first being the bill against transportation of iron ordnance , &c. was read the third time , and passed upon the question . the eight bills last past were sent up to the lords by mr. secretary cecill , mr. comptroller and others . the amendments in the bill touching lucas and flowerdew were thrice read , and with the bill ordered to be ingrossed . m r moore made report of sundry meetings and conferences had by the committees of this house with the lords committees in the bill touching confirmation of grants and letters patents , and shewed their agreements with their said lordships . two bills lastly had each of them one reading ; of which the second being the bill for the better government of the counties of cumberland , northumberland , westmerland and the bishoprick of durham , was read the third time and passed upon the question . the passages of the day foregoing and this instant wednesday following are wholly transcribed out of the original journal-book . on wednesday the th day of december the bill for the changing of the sirname-of waller into the name of debden was read the first time . m r henshaw brought in the bill with some additions to the same from the committees , viz. the bill touching the length of kersies . the amendments or additions in the bill touching the length of kersies were twice read , and the bill was ordered to be ingrossed . eight bills had each of them their third reading and passed upon the question , and were sent up to the lords by m r secretary cecill and others ; of which the two last were , one for the true working of woollen-cloths , and the other for the necessary relief of souldiers and mariners . m r serjeant yelverton and m r doctor hone did bring from the lords the act for confirmation of the subsidies of the clergy and the original grants under the archbishops seal . the amendments that came from the lords in the bill for assurance of the jointure of the countess of bedford , with the provisoes annext , were thrice read and passed upon the question . the bill for the maintenance of the navy and encrease of the navigation was read the first time . m r comptroller , sir walter raleigh , m r lieutenant of the tower and others , were appointed to have conference with the lords touching some amendments or addition to be had in the proviso sent from the lords unto this house , to the bill before passed in this house touching orders to be kept in the court of exchequer . post meridiem . m r attorney general and mr. doctor stanhop did bring from the lords a bill before passed in this house , viz. touching confirmation of grants and letters patents , &c. and did declare that the lords committees and the committees appointed by this house have most courteously had sundry conferences together in the same as one entire body , and agreed upon some amendments in the same . the bill touching captains , souldiers and mariners , and other the queens services in the wars , was read the second time , and upon the question and division of the house ordered not to be committed , viz. with the yea forty eight , with the no eighty one . and upon another question dashed . the bill for the confirmation of the subsidy of the clergy was read three times and passed upon the question . the proviso added to the bill for orders to be had in the court of exchequer was thrice read and passed upon the question . on thursday the th day of december , two bills of no great moment had each of them one reading ; of which the first being the bill touching printers and printing was read the second time , and committed unto the knights and citizens of london , mr. lieutenant of the tower , mr. moore and others , who were appointed to meet to morrow in the afternoon in the exchequer chamber at two of the clock . the bill for the explanation of the statute of limitation of prescription to rent-charges was read the second time and committed unto mr. serjeant harris , mr. moore and others , who were appointed to meet upon saturday next in the afternoon in the exchequer chamber at two of the clock . the latter proviso touching the bishop of cartisle was read the second time . the bill with the amendments for the countess of bedfords jointure , and the bill with the proviso added by the lords touching orders in the court of exchequer were sent to the lords by sir walter raleigh and others . the bill touching fines within antient demesne was read the second time , and committed unto sir walter raleigh , mr. serjeant harris and others , who were appointed to meet this afternoon in the court of wards at two of the clock . sir edward hobbie moved , that such members of this house as shall be sent from this house unto the lords with the bill for confirmation of the subsidy of the clergy , may by direction of this house recommend unto their lordships the bill against transportation of iron ordnance , with request of their lordships good furtherance to the passage of the same . the amendments and provisoes in the bill touching confirmation of grants made to her majesty and of letters patents from her majesty to others , were read the third time and passed upon the question . sir robert wroth moved , that an order may be set down how the collection made in this house for relief of the poor may be distributed . whereupon it is ordered , that the souldiers now remaining about the city of london shall be relieved out of the money collected of the members of this house in such sort as to the officers thereunto appointed shall be thought fit . the officers appointed for the distribution of the collection are sir robert wroth , mr. fettiplace , mr. wade , sir francis darcie , mr. trevor and mr. brown ; and that they join with the officers in like case appointed by the lords . two bills also had each of them one reading ; of which the second being the bill for explanation of a certain branch of an act made in the twenty eighth year of her majesty touching recusants , was read the second time , and committed , but no time or place appointed for the meeting . mr. belgrave moved , that whereas an information hath been exhibited into the court of star chamber in the name of mr. attorney general against him , upon suggestion that he should offer abuse unto this house , humbly prayed that he may be ordered and censored by this house , if it shall so fall out and seem sit unto this house upon further examination to be had therein . vide plus post meridiem . mr. secretary cecill declared her majesties pleasure to be that her highness purposeth god willing to dissolve this assembly of parliament to morrow . post meridiem . the bill for the changing of the sirname of the wallers into the sirname of the debdens was read the second time . mr. serjeant telverion and mr. doctor hone did bring from the lords a bill intituled an act for reformation of deceits in auditors and their clerks in making untrue particulars . and also they do declare , that whereas the lords have received some bills from this house which their lordships do think to expedite , and shall need perhaps some small amendments , therefore they do desire that this house may sit somewhat longer than they purposed before , for the final perfecting and consummating of the same . the bill for reformation of deceits in auditors and their clerks in making untrue particulars , was read twice , and committed unto m r secretary cecill , mr. comptroller , sir walter raleigh and others , who were appointed to consider presently in the court of wards upon the said bill . and after some short space of time and conference therein had , it was after their return into this house thought meet the said committees should confer with the lords therein , and afterwards report the same unto this house . the bill touching brewers , &c. was read the second time and committed to the burgesses of southwark . the bill touching unlawful sized bread , and the bill touching buyers of butter and cheese were each of them read the second time , and committed to the former committees . the bill also against using of false dice was read the first time . m r attorney general and m r d r hone did bring from the lords a bill that before passed this house , intituled an act touching the draining of certain surrounded grounds in the counties of huntington , cambridge , lincoln , northampton , suffolk and norfolk amended , and with some additions of more counties , viz. sussex , essex , kent and the bishoprick of durham . the amendments in the bill touching surrounded grounds were thrice read , and ordered upon the question to be inserted into the same , and so the bill passed . the draught of an order touching mr. belgrave was once read , and committed to be considered of presently in the committee chamber by sir edward stafford , mr. henry mountague , mr. brown , mr. doyley , sir francis darcie , sir john cotton and sir john grey . the draught of an order , considered of and brought in by the committees , was read , and ordered by the house upon the question to be entred as the act of the house , viz. whereas one george belgrave in the county of leicester esquire , a member of this house , hath made complaint of an information exhibited against him into the court of star-chamber pretending an abuse in the highest matters , as are those wich do concern the most honourable and high court of parliament , and hath appealed unto this house for that the information was filed sedente curiâ ; and whereas the house did refer to the committees for returns and priviledges the examination of the cause alledged in the information , and the substance thereof having been related unto this house ; this house thereupon did upon the question again moved and largely debated , pronounce and declare the said george belgrave to be free in their judgements from any abuse offered to this house , and that he is not to be molested for any such imputation ; and have resolved , that this shall be entred as an act of this house . vide de istâ materiâ dec. . dec. . dec. . dec. . & dec. . antea . the bill to restrain butchers in and about the city of london from buying , &c. and the bill touching practitioners in physick were each of them read the second time and committed as afore to the former committees for brewers . the bill touching the shipping of coals near newcastle was read the second time , and committed with the rest to the former committees , but no mention of time or place . the bill for redress of abuses in taking of pawns and the appointing of a lumbard was read the second time and committed as abovesaid . to morrow at eight of the clock in the morning those that were nominated by this house to distribute the money collected for the relief of the poor , and likewise those appointed by the lords , are appointed to be at the sessions house in the old bayly to take order for the said distribution . upon a motion made by mr. fettiplace , the names of such as have not paid towards the relief of the poor and maimed souldiers were read , which were about forty four . on friday the th day of december , as the speaker was coming to the house in the morning , the pardon was delivered unto him , which he took and delivered unto the house , which they sent back again because it was not brought according to course . the collection for the clerk of twelve pence a piece according to mr. wingfield's motion yesterday , was made and amounted to about twenty five pound . mr. bowyer secretary to the lord treasurer sitting in the middle of the house on the left side as you come in next to mr. skipwith of lincolns inn , swooned upon a suddain and was again recovered within a quarter of an hour . it was said he had a spice of the falling sickness . he was carried forth of the house by the serjeant of the same , and three of his men into the outer room . it was strange to hear the diversity of opinions touching this accident , some saying it was malum omen , others that it was bonum omen , &c. but as god will , so be it . thus far of this days passages out of private journals : some other business of this day doth now follow out of the original journal-book of the house of commons it self , viz. mr. attorney general and mr. doctor stanhop did bring from the lords unto this house two acts , one intituled an act of the queens majesties most gracious general and free pardon , and another act for the granting of four entire subsidies and eight fifteenths and tenths granted by the temporalty before passed in this house . mr. secretary cecill made report of the meeting and travel of the committees in the bill that came from the lords yesterday , intituled an act for reformation of deceits in auditors and their clerks in making untrue particulars ; and that for the errors in the form of digestion of the same , it is thought not fit in the opinion of the committees to be any further dealt in at this time , and so resolved of in the conference had with the lords . m r hackwell made a motion that the speaker might say something touching the transportation of ordnance , that seeing the bill in the lower house is fallen into an everlasting sleep , and that we knew not thereof before this day , he could not be blamed for that which he could not have spoken before this time ; but nothing was replied or done . the subsidy of the clergy was sent in a roll according to the usual acts , to which sir edward hobbie took exceptions , because it was not sent in a long skin of parchment under the queens hand and seal . so it was sent back again , and then the other sent . on saturday the th day of december about nine of the clock the house came together , this day being appointed to be the last day of the parliament . m r speaker moved the house to know their pleasures if they should adjourn the house till one of the clock , which was assented unto : yet as they were rising , m r herbert croft said , m r speaker , though perhaps my motion may seem unseasonable at this present , yet i beseech the house consider with me a speech made yesterday that consisted of four parts , the scope whereof ( it being m r hackwell's speech ) layes open the dangerous mischiefs that come by transportation of ordnance , and that due reformation thereof may be had for restraint of private transporting ; i would only put the house in mind , and you also m r speaker , that the gentleman which yesterday moved it , desired that m r speaker might say something thereof to her majesty in his speech to be inserted . which i do again desire the more earnestly , because our bill is fallen ( as he said ) into an everlasting sleep , and we have now no remedy but by her majesty . m r speaker said , if it please you , upon the motion of the gentleman made yesterday , i mean to say something therein , both for your satisfaction and performance of my duty ; and therefore this matter shall need no further to be moved . with which the house rested well satisfied , and so arose . but it is to be noted , that the speaker said not one word in his speech to her majesty touching that matter , which was greatly murmured at and spoken against amongst the burgesses that the house should be so abused , and that nothing was done therein . post meridiem . an act of the queens majesties most gracious , general and free pardon , was sent up to the lords by m r secretary herbert . the sending up of this bill of the general pardon being thus transcribed out of the original journal-book of the house of commons , the rest of this afternoons passages , as also the conclusion of the parliament do now follow . about one of the clock divers gentlemen met together at the house , whither the speaker came , and after the privy-council : where sitting till past two of the clock they went to the upper house , and stayed there at the gallery door above half an hour , and at length the door was opened ; and the lords of the upper house being all set , and her majesty under a rich cloth of state , the speaker went to the usual place at the bar , where after three reverences made , and the like done in their times by all the commons , the said speaker amongst other things in his speech presented her majesty in the name of the said house with the gifts of four subsidies and eight fifteenths and tenths ( although he somewhat mistook the manner of it in the delivery ) unto which the lord keeper having answered in her majesties name with thanks , dissolved the parliament , after her majesty had given her royal assent unto nineteen publick acts and ten private . finis . an alphabetical table directing to the principal matters contained in the journal of the house of lords . a. absence of a peer to be with licence from the prince ( whereas of a commoner , from that house only . ) p. . . the reason of absence ought to be signified to the house by one of the peers , and not by other information . p. acts how passed by the sovereign . p. . acts of grace how . ibid. how acts are transcribed and certified into the rolls . ibid. all the acts at one session passed by the lord chief justice by vertue of letters patents from the queen . p. addition , vide amendment . adjourn , why the lords commonly adjourn for several dayes at the beginning of a session . p. . the form of letters patents to certain lords to adjourn the parliament . p. . the sovercign may adjourn the parliament , as well as the parliament adjourn it self . p. . an adjournment maketh no new session as a prorogation doth . ibid. the parliament adjourned by the queens commissioners , without a particular commission . p. amendments of bills by the lords sent from the commons , how made . p. . they use to be written in paper . ibid. and p. . when a bill has once passed the lords and is sent down to the commons , if these make additions or amendments thereof , the lords upon the return of the bill read them only , and not the bill it self . p. . the lords having ingrossed amendments to a certain bill in parchment , the commons will not allow of them , but return the bill with the amendments , to have these writ in paper . p. a bill sent from the commons , receiving amendments and additions in the house of lords , the orders of this house will not permit that the lords should consent to any alterations of such amendments or additions , by the commons . p. . if one committee differ from the rest in some amendments of a bill , he may give his reasons of such dissent to the house , when the bill is brought in again . p. . an amendment of a proviso ( added to a bill in the upper house ) agreed upon by the committees of both houses at a conference , it is consented unto by the whole upper house that the amendment shall be made in the house of commons , and be sent up in paper to the lords to be by them inserted in the proviso . p. answers by the lord keeper given unto messages sent from the house of commons , use to be given by him sitting with his hat on , and all the lords keeping their places . p. , apparel , a bill against buying it without ready money , save by men of such a degree . p. , . a bill to avoid excess in it . p. . dashed . p. . another for not buying wares sold for apparel without ready money , dashed . p. . another bill for reformation of excess in apparel . p. . another for the same p. . another having passed the commons , is rejected by the lords , and why . p. arch-bishops , a bill declaring the manner of making and consecrating of them and other bishops to be good . p. . . arch-bishop of canterbury the first peer of the realm . p. assistants , vide committees . attach , no peer to be attached during the sessions of parliament . p. . nor any of their menial servants committed to prison . p. . . , &c. but other of their servants may . p. . two committed close prisoners to the fleet for arresting a servant of the lord chandois . p. . another also for arresting the arch-bishop of canterbury's servant . p. . on what conditions they have their enlargement . p. . a question moved , whether an ordinary servant of the queens , being no parliament-man , be priviledged from being attached in the time of parliament . p. , , . when a servant of a peer is committed to prison upon execution , resolved that he shall be brought to the house , not by issuing out a writ of priviledge of parliament to the sheriff , but by immediate order from the house to the gentleman usher or serjeant at arms. p. . but the contrary resolved upon search of precedents , and the lord keeper to make out the writ . p. queens attorney made a joint-committee with the lords . p. award : ordered that if the parties at variance will not enter into such bond as is appointed by the house , to stand to the award of such lords as the matter is reserr'd to , they shall be committed to prison . p. b. babington's conspiracy , eliz. a parliament called thereupon . p. bacon ( sir nicholas ) made lord keeper eliz. p. . his speech to the first parliament of the queen in an . . of her reign . p. . his speech to the speaker of the house of commons ( in the same parliament ) at his admission . p. . and his reply to the speakers disabling himself , and to his petitions . p. . his reply to the speaker's speech at the end of this session . p. , , . his speech to the parliament eliz. p. . at the end of the session . p. . and so at the beginning and end of each session , ( during his life ) till eliz. when he was succeeded by sir thomas bromley . p. baron , lord chief baron , who is but an assistant to the upper house , made a committee . p. , belgrave ( a member of parliament ) his case , against whom was preferred a bill in the star-chamber for a misdemeanour against a peer . p. bills usually not spoken to upon the first reading . p. . precedents of the contrary . ibid. when a bill has past one house , it is seldom committed or ordered to be ingrossed by the other , and why . ibid. and p. , . , . . sometimes committed upon the first reading : precedents thereof . p. , , . sometimes neither committed nor ingrossed either upon the first or second reading . p. . the manner of delivering a bill from the house of lords to the house of commons . p. . the manner of passing of a bill . ibid. bills of grace seldom committed nor ingrossed , and why . p. . sometimes have but one reading . p. . . . how passed into acts. p. . bills sometimes ( in queen elizabeths time ) not ingrossed till the day after the second reading , but now always on the same day . p. , . the manner of giving the royal assent unto such bills as are passed into acts , and of disallowing those that are not . p. . . . a bill is sometimes rejected after it has passed the third reading . p. . a bill passed by the lords and rejected by the commons , the lords expect an account of the reasons of such rejection . p. , . bills of general pardon , and of subsidies , not passed into acts like other bills . p. . . when bills are sent up from the commons , the lord keeper and the rest of the lords are to arise from their places , and to go down to the bar to receive them . p. , bishops are commanded to reform abuses in religion . p. . why their names are placed on the dexter side of the journal of the upper house . p. . vide popish , and arch-bishop . bloud , vide restitution in bloud . bromley ( sir thomas ) made lord chancellor eliz. p. . he died in april eliz. p. lord burleigh his place in parliament . p. . c. canterbury , vide arch-bishop . chancellor , a bill declaring his authority and that of the lord keeper to be all one . p. . letters patents to the lord chief justice to supply his place when absent . p. a bill that chancellors , commissaries , &c. shall be graduates in one university . p. clergy , vide subsidy . coaches , a bill to restrain the excessive use of them within this realm , in eliz. p. . collection of money for the poor usually made towards the end of a parliament . p. . commissions to certain lords to prorogue the parliament . p. . , . . verbal commission to the lord treasurer to supply the lord keepers place . p. . a commission in writing to the lord chief justice to the same purpose . p. . ( . ) a revocation of the same . p. . a commission . lords , or any three of them , to dissolve the parliament . p. . the like . p. . and . a commission to three lords to supply the queens place in the parliament . & eliz. p. . these lords are stiled lords lieutenants . p. . the parliament cannot be dissolved without a commission , unless the sovereign be present to give the command to the lord keeper , &c. p. . committees , the judges , queen's serjeants , baron , &c. made joint-committees with the lords , vide judges , serjeant , baron , &c. an order of the house , that a committee who disallows the amendments of a bill , or something in the body of the bill it self , may give his reasons to the house when the bill is brought in again . p. . a bill may be delivered to the eldest or youngest baron of a committee , or indifferently to any of them . p. . . two committees for two several bills , made one committee for both bills . p. common prayer , vide uniformity . conference to be had , before a bill passed either house , be rejected by the other . p. , . . vide the table to the journal of the house of commons . contribution of two shillings in the pound made by the lords towards the queens extraordinary charge in defence of the realm . p. . contribution made by them for relief of such poor souldiers as went begging in the streets of london . p. . an order that such lords as were absent the whole session should pay double to what others did , who constantly attended the service of the house ; and those that came but seldom to the house , a third part more . p. , convocation-days , the house of lords either sit not , or do little business on them . p. crown , a bill restoring to it the ancient jurisdiction over the state ecclesiastical and spiritual , &c. p. d. abill for denization of peregrine berty and katharine dutchess of suffolk his wife . p. . of william watson . p. dissolve , vide commissions . doctors of the civil law , made joint-committees with the lords . p. e. egerton ( sir thomas ) made lord keeper eliz. p. . his speech to the parliament and eliz. p. . q. elizabeth enter'd on the government nov. . ann . dom. . p. . and within nine weeks summons a parliament , viz. jan . ibid. a bill in that parliament to make her inherit able to the late q. anne her mother . p. . she is averse from declaring a successor . p. . , . her sharp speech to the parliament ( in ann . and . ) for their petition to that purpose . p. . she remitteth the third payment of a subsidy , to take the parliament off from urging her to declare a successor . p. . her pious speech at the end of the session . of her reign . p. . in the parliament and of her reign ( called upon the discovery of babingtons conspiracy ) she appeared not in person , but gave commission to three lords to supply her place , with the title of lords lieutenants . p. , . both houses petition her to execute the sentence upon mary queen of scots , with her answer thereto . p. , , . her speech at the end of the parliament in of her reign . p. . her great success against the spaniard set forth in a speech by the lord keeper . p. . jewels given to her physicians to poyson her . p. g. gargrave ( sir thomas ) chosen speaker to the commons in the parliament holden eliz. p. . ( and . ) the manner of his disabling himself to the house first , and then to the queen . ibid. his petitions of course on behalf of the house of commons . p. . his speech at the conclusion of the session . p. gavelkind what , and in what places it obtaineth . p. . a bill to enable the owners of gavelkind lands in the county of kent to alter the said custom . p. gentleman-usher of the house claims right to bring such persons before the upper house as are accused of breach of priviledge , and sayes it does not belong to the serjeant at arms. p. . he is sent for an ordinary servant of the queens committed to the fleet for debt upon execution , and for him that arrested him . p. . . this not to injure the serjeant at arms in his pretensions to that office . p. grace , vide bills and acts. h. hatton ( sir christopher ) made chancellor eliz. upon the death of sir thomas bromley . p. herald at arms in ordinary to the queen not to have priviledge from arrest , on account of the session of parliament . p. . hexamshire , a bill to annex it to the county of northumberland , and its ecclesiastical jurisdiction to the bishoprick of durham ( & eliz. ) p. . but not passed into an act till eliz. p. horses , a bill against conveying them into scotland eliz. being a revival of an act made h. . p. , lord hunsdon's place in parliament between the lord chandois and the lord s t john of bletso . p. . i. ingrossing of a bill , what . p. . vide bills . injunctions to stop proceeding at law in parliament time . p. judges ( who are but assistants to the upper house ) made joint committees with the lords . p. . . . and so in every parliament till , eliz. p. . . but only to consider of some ordinary bill , and which concerned matter of law ; for they were never of such committees as were to have conference with the commons , p. . they have leave from the lord chancellor or keeper to sit covered in the house , but are always uncovered at a committee . p. k. keeper , vide chancellor . kentish-street in southwark , a bill for the paving of it , and eliz. p. l. the river lee , a bill to bring it to the north-side of london ( eliz. ) p. low-country wars , a voluntary contribution of both houses towards the maintaining of them . p. m. marry ( see the word in the table to the journal of the house of commons ) the queen petition'd by the house of lords to marry , with her answer . p. . . the advice and consent of the parliament often required for the marrying of the kings of england . p. , . earl marshal his place in parliament is betwixt the lord chamberlain and the lord steward . p. queen mary died nov. . . in the sixth year of her reign . p. mary queen of scots , vide the table to the commons journal . mason ( anthony ) esq clerk of the upper house eliz. p. . he is succeeded by thomas smith esquire , in the parliament & eliz. p. melcomb regis , vide weymouth . messages sent from the house of commons to the upper house , are received by the lord keeper and the rest of the lords at the bar , whither they are to go and meet those that come from the commons . p. , mises not to be paid by the shires of wales and county palatine of chester when subsidies are paid , nor the contrary . p. monopolies petition'd against in & eliz. which the queen judges an invasion of her prerogative . ibid. n. a bill of naturalization of gerson wroth a german . p. . of william sidney and his wife , and of sir john wingfield and his lady . p. . of justice dormer and george sheppy . p. . of samuel saltingstal . p. newgate , the keeper of it committed to the fleet for not obeying an order of the lords for the bringing of one that was prisoner there upon execution and was servant to a peer . p. duke of norfolk , a bill for the confirmation of his marriage with the lady margaret his wife ( eliz ) p. . and for the assurance of certain lands for her jointure . p. earl of nottingham his place in parliament betwixt the earl of lincoln and lord viscount bindon . p. o. objections against a bill by the lords denied to be given in writing to the commons till conference first had . p. onslow ( richard ) chosen speaker in the parliament held , & eliz. his speeches to the queen at his confirmation . p. , . at the dissolution of that parliament . p. , p. the painters having presented a bill against the plaisterers which passed not the upper house , it is ordered by that house , that their complaint shall be heard and adjudged by the lord mayor , recorder , &c. p. pardon , vide bills . parliament , which is the first and last day thereof , or of a particular session . p. . the manner of the sovereign and peers sitting in parliament . p. . . . the manner of setting down the presence of the peers in the journal book . p. passing of bills , vide bills . patents of priviledge petition'd against in the parliament & eliz. which the queen construes to be a violation of her prerogative . p. peers to be of age before they sit in the house . p. . . how attired . p. . vide parliament . popish bishops suffered to sit in the parliament eliz. but turn'd out of their sees at the end of the session . p. . how they opposed divers bills . ibid. and p. . . a dispute betwixt them and some english men come from geneva . p. presence of the peers how marked . p. , & . priviledge , vide attach . the solemn procession of the queen and house of lords at the opening of the parliament eliz. p. . and eliz. p. prorogation , vide writ . the sovereign after a prorogation comes not to the parliament with that solemnity , as is usual at the first meeting . p. . after the end of a prorogation a new session beginneth . p. provisoes when added by the lords unto bills sent up to them from the commons , are written in parchment . p. proxie , the form of the licence from the queen to a peer to make one . p. . a peer ( ordinarily ) does not make one without such licence . p. . the form of making a proxy , and entring it in the journal-book . p. . and . the nature and use of a proxy , and the form of returning them . p. . what an absent peer used to forfeit , if he constituted no proxy . p. . the form of making a proxy without licence from the sovereign . ibid. the form of revoking a proxy . p. . how many proxies one peer is capable of receiving . p. , . . . . . ( where ( as also p. . ) is mentioned an order of the lords car. . that from thenceforth no lord should be capable of above two proxies . ) a commoner can constitute no proxy , and why . p. . a spiritual lord does not now appoint a temporal lord for his proxy ( nor on the contrary ) but formerly they did . p. . . a temporal lord usually constitutes but one proxy , and a spiritual two . p. . yet a spiritual lord sometimes appoints but one , sometimes three . p. . , . and also a temporal sometimes two . ibid. proxies are appointed after a prorogation , as well as at the beginning of a parliament . p. . they may be delivered into the hands of the clerk as well before the parliament begin , as after . p. . why bishops proxies are entred before those of , the temporal lords . p. . . in the former part of the queens reign they were entred in the journal book with express mention of the several dayes on which they were returned ; but in the latter part thereof and since , only generally . p. serjeant puckering , lord keeper in eliz. p. . his speech to the parliament held that year . p. , . he dies in eliz. anno domini . p. r. reading , vide bills . receivors and tryors of petitions in the house of lords , the manner of entring them in the journal book . p. , a bill for recognition of the queens title to the crown of england . p. restitution in bloud of sir james crost , a bill for it . p. . of sir henry gate . ibid. of john lord grey . ibid. of robert rudston . ibid. of henry howard . p. . of the sons and daughters of edward lewkenor . p. . of katherine wife to the lord berkely , and of her sisters . p. . , . of gregory fynes . ibid. of lord dacres of the south . p. . of ann thomas , thomas isely , thomas diggs , thomas brook , william cromer , cutbert vaughan , &c. p. . of arch-bishop cranmer's and lord husseys children . p. . of sir ralph chamberlain , john harleston , and william west , ibid. and p. . of sir peter carew and edward turner . p. . of sir thomas wyats children . p. . of henry brereton esq p. . of john lord stourton , his brothers and sisters . p. . ( vid. p. , . ) the bills dashed . p. , . of henry lord norris of ricaut . p. . of anthony mayney . ibid. and . of thomas howard son of thomas howard duke of norfolk . p. . of sir thomas parrot . p. s. a saving requisite in every bill . p. queens serjeants though but attendants on the house , made committees . p. . . though they are to attend upon the upper house as councellors , yet they have no voice there , but may in the house of commons , if members thereof . p. serjeant at arms whether to be employed to take into custody those that are accused of breach of priviledge of the upper house , or whether the gentleman usher . p. . he is ordered to bring before the house a lords servant committed upon an arrest to newgate , as also him that arrested him , for breach of priviledge . p. . this not to injure the gentleman usher's pretensions to that right . ibid. under - sheriff of surrey committed to prison for aiding the arrest of an ordinary servant of the queen in parliament time . p. thomas smith esq made clerk of the house of lords eliz. p. queens solicitour made a joint-committee with the lords . p. . being chosen a member of the house of commons , he is demanded of them to attend there , but denied by the lords . p. spain's design against england set out in a speech by the lord keeper . p. . see the word in the table to the journal to the house of commons . spilman ( francis ) clerk of the house of lords in the parliament eliz. p. . continued in that place in the parliaments held eliz. and & eliz. but in eliz. succeeded by anthony mason . p. spiritual lords , why their names are set down in the journal book before those of the temporal . p. star-chamber dayes , the lords seldom sate on them . p. bills of subsidy sent from the commons seldom alter'd by the lords . p. . subsidies granted by the clergy always ingrossed in latin , but the confirmation thereof in parliament is in english. p. . the subsidy of the clergy should be sent to the commons in a skin of parchment under the sovereigns band and seal . p. . the body of the grant of the subsidies of the clergy is but once read in the house , but the preface and confirmation of it , thrice . p. . bills of subsidy how passed into acts. p. . three subsidies not granted at once before eliz. and then with a proviso , that it should not be drawn into a precedent : yet the like number were granted the next parliament , viz. , & eliz. and four in the next after that , viz. eliz. p. . succession to the crown , how many pretended to it in queen elizabeths time . p. successor , the queen petition'd to declare her successor . p. summon , vide writ . sunday , a bill ( in eliz. ) that fairs or markets shall not be holden thereon . p. supremacy , a bill for restoring it to the imperial crown of this realm , and repealing divers statutes to the contrary , eliz. p. . . many proofs that in the darkest times of popery the kings of england did judge it to belong to them . p. t. tonnage and poundage , a bill for them i eliz. p. trinity hall in cambridge , a bill for the incorporation of it . p. tryors of petitions , vide receivors . u. vacat , what the word means when set before the entrance of the return of a proxy . p. a bill for uniformity of common prayer , &c. passed ( eliz. ) though opposed by several . p. universities , a bill for the incorporation of them ( eliz. ) p. voices affirmative and negative when equal in number , the negative carry it . p. usher , vide gentleman usher . w. lord de la ware his case , p. . his place in parliament is determined to be between the lord willoughby of eresby and the lord berkeley . p. warrant , the form of one to the lord chancellor ( or keeper ) to issue out writs for summoning a parliament . p. weymouth and melcomb regis , a bill for the uniting of them into one corporation ( eliz. ) p. williams ( tho. ) speaker in the house of commons ( eliz. ) his speeches to the queen at his confirmation . p. , . at the ending of the session . p. . he died before the session of the same parliament & eliz. p. writ , the form of the writ whereby a peer is summoned to parliament , with its differences in regard of the temporal and spiritual lords . p. . the writ for proroguing the parliament . p. . . . . . an alphabetical table directing to the principal matters contained in the journal of the house of commons . a. absence of a member from the house through sickness , or his being in service of ambassage , &c. resolved to be no sufficient cause to remove him . p. . ( unless the sickness in all likelihood be irrecoverable . p. ) the like resolved , p. . but the contrary . p. , . especially if the absent member desire that another may be chosen in his stead . p. . members absent a whole session , fired by the house , the knights . the burgesses , &c. icl . a piece . p. . any member may be absent if he be licensed by m r speaker thereto . 〈◊〉 . additions may be made by the commens to the additions of the lords , in any bill . p. . vide bill . adjournment of the house by the queen , the manner of it . p. . in what cases the commons are not adjourned by the adjournment of the lords . p. , . , . adultery , a bill against it rejected , and why p. ale-houses , a bill to suppress the multitude of them , dashed , and why . p. aliens , a bill that they shall not sell foreign wares by retail , with many speeches pro and contra . p. ----- alms given by the house at the end of one session , how , much . p. . vide collection . alneager of lancaster to seal the cloaths made there , a bill to that purpose . p. . another that alneagers seals shall be engraved by the graver of the mint . p. . but dashed . ibid. amendments in bills ought to be writ in paper ( not in parchment ) and without any indorsement . p. , vide bill . answers in writing to objections sent in writing from the lords , against any bill that has passed the commons , are read in the house after they have been drawn by the committees . p. , &c. the lord keeper gives answer to such messages as are sent from the commons , sitting in his place covered , and the messengers standing without the bar. p. apparel , vide the word in the table to the journal of the house of lords . unprofitable armour , the being obliged to keep it , adjudged a great grievance . p. . the making of armour is a regality belonging to the crown . p. arrests , vide priviledge . art , a bill that whosoever invented any profitable art , or added thereto , should have a monopoly of the same for his life , dashed . p. . articuli , how many , and what . p. b. barrowists , vide brownists . basset ( richard living in the time of hen. ii. ) what families descended from his female coheirs . p. robert bell esq chosen speaker in the parliament eliz. p. . continued speaker in the session eliz. but died before that in eliz. p. mr. belgrave's case , who being a member of the house of commons had an information exhibited against him in the star-chamber by the earl of huntington . p. . . , . , . an order entred as the act of the house , that he ought not to be molested in that manner . p. . one bill ought always to be read after the presentment and allowance of the speaker , before the house arise . p. . . &c. though it has been sometimes omitted through mistake . p. . the manner of delivering a bill from the lords to the commons . p. . from the commons to the lords . . the manner of passing a bill in the house of commons . p. . bills seldom spoken to till after the second reading . p. . &c. two bills ( the one concerning purveyors , the other the court of exchequer ) having passed the lower house , the queen forbids any proceeding in them by the lords , with an account of what the commons did in that case . p. . . . yet afterwards she gives leave to proceed . p. . . . two bills for draining of marish grounds being almost finished , the queen forbids their being read any more in the house . p. . no bill to pass without being spoken to . p. . why when a bill is put to the question , and there is a division of the house , the no's sit in their places and the i's go out . p. . . if the i's exceed the no's , then the no's are to go out also , to fetch and bring in the bill again , which the i's had carried out . p. , . this ceremony sometimes omitted . p. . . a bill having past the upper house , and being sent down to the commons is there allowed and expedited with additions and amendments ; when it is returned to the lords , they must either pass it with those additions , or reject it wholly . p. . how amendments , provisoes or schedules added by the lords unto bills that have past the commons , are to be writ , or ingrossed and subscribed respectively , see at large . p. , . when a bill is objected against , a verbal conference is first to be had , before the reasons of such objecting can be demanded to be delivered in to that house that had past the bill . p. . forty eight several bills refused by the queen , in the th year of her reign , that had passed both houses . p. . an order that such as shall prefer and have benefit by any private bill , shall pay somewhat toward the poor , and how much . p. . any member may propose those bills to be read he judges most necessary as well as the speaker . p. . bills that come from the lords are to be delivered to the speaker in the house , and not out of it . p. boroughs growing poor , did formerly get licence from the sovereign to be discharged from the election of burgesses , because they used to bear their charges , but seldom so now . p. sir henry bromley , &c. sent to the fleet , for desiring the lords to join in a petition to the queen for entailing the succession of the crown . p. brownists how numerous in eliz. p. . a bill against them and the barrowists , as well as popish recusants . ibid. burgesses , a bill for the validity of such as are not resiant , with long arguments thereupon . p. , , , . a burgess that had given money to be elected , turned out of the house , and the corporation fined . p. . a burgess elected for two several boroughs , may chuse for which he will serve . p. . . & passim . c. calling the names of the parliament-men ( at their first meeting in former times , different from the present , and the manner of both . p. . since eliz. they take the oath of supremacy at that time , and since jac. the oath of allegiance . ibid. and p. . they take these oaths but once in the same parliament , though it consist of several sessions . p. , canons are like by-laws to the clergy , but not to the laity . p. cardigan a burgess town since eliz. p. . whether the return of the indenture for chusing a burgess ought to be for that town only , or for it and aberystwith . ibid. chirurgery , a bill for the well ordering of such as practise it . p. church thought to need reformation in eliz. p. . a bill for coming to church and receiving the communion , with some arguments thereupon . p. . a committee of the house of commons and some of the bishops join in a petition to the queen for redress of several enormities in the church ( eliz. ) p. , cinque-ports discharged from payment of subsidies . p. clerk of the house his seat in parliament . p. . he sometimes reads the prayers . p. . mr. seymour clerk in the parliaments held eliz. p. . eliz. p. . and eliz. p. . he took the oath of supremacy in that parliament as the members did . ibid. mr. fulk onslow succeeded him in the parliament eliz. p. . being indisposed , his place is supplied by a deputy , who is first to take the oath usually administred to the members . p. . . the clerk receives the money for the poor and minister , of the members that have leave to go into the country sitting the parliament . p. . . & passim . the collection for him in eliz. amounted to twenty five pound . p. a collection made in the house for the present relief of maimed souldiers ( eliz. ) with an account of every ones rate . p. . . hereupon a bill is framed for a continual contribution to their relief . p. . collections for the poor and other uses usually made each session , and how much the members are commonly rated . p. colledges , corruptions in the masters of them ( eliz. ) p. commission to the lord keeper to will the house of commons to chuse a speaker . p. commit , the manner of committing a bill . p. . it uses to be committed at the second reading ibid. commonly not committed when sent from the lords . p. . but sometimes is when of great moment . ibid. p. . . never committed till it be once read at least . p. committees how chosen . p. . nothing to be delivered to the house as the resolve of the committee , but what the greater number of the committees agree upon . p. . at least half the number of the committees nominated in any bill are to be present , or else no consultation to be had . p. . eleven bills committed to one and the same committee at the same time . p. . he that speaks against the body of a bill , cannot be chosen a committee therein . p. . . the knights and citizens of london dispensed with in a particular case , and why . p. , . a committee may speak either sitting or standing . p. . he that has been a committee in a bill , may afterwards speak against the same bill in the house . p. common prayer , a bill for the reformation of the book of common prayer ( eliz. ) with divers arguments thereon . p. house of commons formerly sate with the lords . p. comptroller of the household ( by his place ) usually is the first that speaks at the meeting of a parliament , and makes the first motion in the house to chuse a speaker . p. & passim . the comptroller either alone or with another places the speaker elect in the chair . p. . , &c. communion , vide church . conference concerning a bill to be desired only by that house which is possessed of the bill . p. , , . how to be managed by those that are appointed to have it . p. . the lords do always nominate time and place for conference . passim . verbal conference to be had before the reasons of objecting against any bill be given in writing . p. . each house is at liberty whether they will admit of a conference . p. . no conference to be admitted with the lords about the number of subsidies to be granted . p. . m r edw. cook chosen speaker in the parliament eliz. p. . his speeches at his being presented to the queen . p. . at the end of the session . p. corn may be carried over sea when it does not exceed such and such prices . p. john crooke esq chosen speaker in the parliament eliz. p. . his speech to the queen at his presentation . p. , cross in baptism desired to be taken away in the parliament held eliz. p. d. members departing without licence , to forfeit their wages . p. discipline in the church , the queen petition'd to reform it , ( who promises it . ) p. disloyal , vide subjects . a bill against 〈◊〉 granted by the arch - 〈◊〉 several arguments thereupon dunkirk and newport very much by robbery on their coasts 〈◊〉 of queen elizabeths reign . p. 〈◊〉 appointed to consider of means to 〈◊〉 and what means were thought 〈◊〉 e an earls son may be a member of the 〈◊〉 of commons . 〈◊〉 ecclesiastical , vide religion . 〈◊〉 a member elected and returned for two 〈◊〉 may chuse for which he will serve . p. . 〈◊〉 & passim . 〈◊〉 elections , resolved that the house of commons the only competent judges , which are daly 〈◊〉 which not . p. , , . 〈◊〉 a message from the queen , that the lord chancellor ought to examine and judge of returns , and that it was a thing not belonging to the house of commons . p. queen elizabeth ( vide the word in the 〈◊〉 the journal of the house of lords ) reasons why in conscience she should have a care of 〈◊〉 person ( argned in eliz. ) p. . her excellent government commemorated in a speech by the chancellour of the exchequer . p. , , . the like . p. --- . her most gracious speech unto the house when they presented themselves before her in a full body to return her thanks for recalling sundry letters patents of monopoly . p. , . she invites them all to come to 〈◊〉 her hand at the end of the session . p. 〈◊〉 court of exchequer , a bill concerning 〈◊〉 and process there . p. f. fair , vide market . a fast day appointed by the house without acquainting the queen with it . p. , . 〈◊〉 is highly offended at it , upon which the 〈◊〉 make their submission , and desire her 〈◊〉 . p. , . fees to be paid by each member on several 〈◊〉 how much . p. felony , a member indicted thereof , to contin 〈◊〉 member until convicted . p. 〈◊〉 m r fitzherbert ( an outlaw , chosen a member ) his case . p. , , . several speeches thereupon . p. , , . he is taken for 〈◊〉 member , and yet ought not to have 〈◊〉 , and why . p. 〈◊〉 forests , a bill for the enlargement of the authority of the justices thereof , sent from 〈◊〉 lords , dashed by the commons , with a conference thereupon at large . p. , , m r fox ( that writ the book of martyrs ) his 〈◊〉 redeemed out of prison by money collected in the parliament . p. french ambassador , it is thought dangerous to permit him audience of the queen her self , and why . p. g. sir tho. gargrave chosen speaker eliz. vide the table to the journal of the house of lords . gavelkind injurious to great families , and the policy of the conquerours beginning that custom . p. . by that custom the son shall not lose his inheritance , though the father be executed for felony . ibid. a bill to take away the custom , dashed . ibid. grammar schools , a bill to establish good orders in them , rejected . p. guildford school , an annuity setled upon it . p. h. arthur hall ( a member of parliament ) committed to the tower for six months , cut off from being a member , and fined five hundred marks for publishing a book derogatory to the authority of the house , ( with the case at large ) p. , , , . he bringeth a writ against the burrough of grantham for his wages for serving in several parliaments as a burgess thereof , but upon their appeal to the house of commons he remitteth the same . p. . , hartlond-port in devon , a bill for the finishing of it . p. harwich in essex returned no burgess before eliz. p. herrings , the inconvenience of transporting too great a number of them . p. hexamshire , a bill that it shall be of the county of northumberland , and parcel of the bishoprick of durham . p. hospitality , a bill for the maintenance of it rejected upon the second reading . p. i. a bill that impropriations should go to the relief of the poor , twice read but rejected . p. a bill against inclosures ingeniously spoken to by the member that brought it in . p. bills to be indorsed in their lower part . p. . under the contents of the act. p. , informers , a bill for the better recovery of costs and damages against them . p. . bills not ingrossed by the commons when sent from the lords . p. . . vide the word bill in the table to the journal of the house of lords . inhibition , vide priviledge . journals of parliament , their use . p. ireland invaded by the spaniard in eliz. under pretence of maintaining the catholick cause . p. , jury , no member to be put upon a jury . p. justices of peace wittily described and reflected upon , on occasion of a bill against common swearing , wherein the penalty was to be inflicted by the justice . p. . basket-justices who . p. . the exposition of the justices upon the statute of eliz. of rogues , not thought fit to be enacted in eliz. and why . p. k. a bill that s t katherines shall be a parish church . p. a bill that kentish-street in southwark shall be paved . p. . knights formerly had m r instead of sir prefixed to their names . p. knights of the shire , both according to the writ and statute , ought to be commorant within the county . p. l. laws adjudged too numerous . p. letany , vide prayers . liberty of the house thought to be infringed by the queen . p. . vide speech . the commons reckon'd it a breach of liberty to have a conference demanded by the lords concerning a bill under debate in the lower house . p. , . three particulars that are breaches of liberty . p. licences for absence on special occasions granted by the speaker . passim . a bill against licences for marriage , &c. granted by the arch-bishop of canterbury , with sundry arguments thereupon . p. . no member to depart without licence upon pain of forfeiting his wages , &c. p. limitation of succession , the queen petition'd for it . p. . a petition to the same purpose again debated , but not presented , p. . . for the queen sent her inhibition . p. . which yet she revokes . p. london , at what rate the citizens thereof were assessed in the subsidies granted eliz. p. m. marish and fenny grounds in norfolk , &c. two bills for the draining of them being just a passing , the queen sends to signifie her pleasure to be , that those two bills shall not be any further proceeded in . p. market-day , a bill in eliz. that they shall not be on a sunday . p. the queen petition'd to marry ( eliz. ) p. . her answer . p. . petition'd a second time ( eliz. ) p. . her answer . p. . a petition to the same purpose debated a third time , but not presented . p. . . petition'd a fourth time ( eliz. ) p. marriage-licences , great abuses thereof complain'd of in & eliz. p. mary queen of scots voted to be proceeded against in the highest degree of treason , with several reasons of that vote , ( in eliz. ) p. , , , . a petition to the queen to proceed criminally against her . p. . several reasons to urge the granting of that petition . p. , , . an act passed against her . p. . the queen not satisfied with her tryal and attainder , assembled a parliament ( & eliz. ) on purpose to commit to them the examination of those proceedings against her . p. . and . both houses consent that the sentence pronounced against her was just . p. . and they petition the queen , that the sentence may be executed . p. , , . m r speaker at the presenting the petition gives sundry reasons why execution of the sentence should be done . p. , . the queens answer to the petition . p. . religion , the queens person , and peace of the realm not to be secured without such execution . p. , , , . she is executed feb. eliz. p. measures , vide weight . melcomb regis , a bill for the fortification of it . p. . it is incorporated into one burrough with weymouth by the queens letters patents , but so , that they chuse four burgesses . p. ministry , several abuses therein ( comprized in sixteen heads ) proposed by the commons to the lords to have reformed ( eliz. ) with the lords answer . p. ... money , a bill against the transportation of it out of the realm , spoken unto . p. . germany and france held the standard therein as well as we , but not so the dutch. ibid. several statutes that no strangers should bring commodities into this realm , but he should bring so much money . ibid. monopolies reckoned to be grievous to the subject in , eliz. p. . what a monopoly is . p. . several kinds thereof . ibid. and p. . . they are generally grievous to the generality of the subjects . ibid. and p. . a precedent wherein letters patents of monopoly were cancelled in parliament , &c. p. . how numerous in eliz. p. . . a witty speech of secretary cecil's intimating the queens resolution to revoke most of them , and suspend the rest . p. , . how the house resented this resolution . p. . the queen will not accept of thanks from the house till she have put her resolution in practice . ibid. upon their giving thanks she makes a most gracious and kind speech unto them . p. , . a conference between the two houses about the bill touching letters patents of monopoly . p. n. names , vide calling . naturalization , vide the table to the journal of the house of lords . henry nevil an accomplice with the traytor doctor parry , the particulars of their treason . p. newport , vide dunkirk . newtown in the county of southampton returned no burgesses till eliz. p. norfolk , a remarkable case as to flection of knights for that county . p. , duke of norfolk , a general resolution of the house that he ought to be executed ( eliz. ) p. . but they did not think sit to petition the queen to that purpose . p. o. oath , vide supremacy and calling . an officer , according to the common law , shall forfeit his office for non-attendance . p. ognel's case . p. onflow ( richard ) being the queens solicitor general chosen speaker in the parl. & eliz. p. onslow ( fulk ) made clerk of the parliament in eliz. p. . being sick of an ague , he petitions the house to permit his servant to execute the place as his deputy , which is granted . p. iron ordnance , a bill against the transportation of them in eliz. well spoken to . p. . they were of four sorts . ibid. how injurious such transportation is to the common-wealth . p. . they come within the statute of e. . against transporting gunmetal , though guns were not then made of iron . ibid. and p. . the house resolve to proceed ( in order to hinder such transportation ) both by petition to the queen , and by bill . p. . the bill past the commons p. . but not the lords . p. . whereupon a 〈◊〉 is made that m r speaker will at the end 〈◊〉 session mention the grievance to the queen ; 〈◊〉 speaker promises be will , but sayes not one 〈◊〉 of it . p. ult . ostend , how much it concerns england , in whose hand it is . p. an outlawed member voted to enjoy the priviledge of the house . p. . another continued in the house . p. . whether a person outlawed upon judgment can be elected or stand for a member , several speeches pro and contra . p. , , , . the same question further debated . p. , , . he is reputed a member , and yet not allowed priviledge , and why . p. p. painters and stainers two companies in the time of e. . but made one in e. . p. pardon , bills of general pardon granted by the prince pass commonly upon the first reading . p. parliament the common council of the realm . p. . the highest court. p. . both houses of parliament at first sate together , and how they came to separate . p. . . they are not properly distinct or divided houses . ibid. the counsels and debates of parliament ought not to be divulged . p. doctor parry , a member of the house , committed to the serjeant at arms for contempt , because he gave his negative voice against a bill directly , and would not show his reasons to the house , though he pretended to have reasons for it . p. . he is received again into the house at the queens motion and upon his own submission . p. . but is afterwards committed to the tower for high-treason , whereupon he is disabled from being a member of the house . p. . a motion in the house for a law to be made for his execution after his conviction , proportion'd to his extraordinary treason . p. . the particulars of the charge against him . p. passing a bill , vide bill . patents of priviledge reputed a grievance , , eliz. p. . letters patents , vide monopoly . penal statutes reckon'd too numerous , in eliz. p. . they ought not to be perpetual , but to alter as times alter . p. a bill to prevent perjury ( spoken to ) p. a bill that plaintiffs shall pay the defendants their costs by lying in prison for want of bail , if the action pass against the plaintiff . p. . not passed , but reserved till another parliament . p. plasterers how called anciently . p. . they were first incorporated in h. . by the king , who granted them his letter to the then lord mayor to make them freemen . ibid. they ought not to work in oyl-colours . ibid. and p. . but may use six kind of colours with size . ibid. pleddals case . p. . plumsted-marsh , a bill for the inning of it . p. . , &c. a bill against pluralities of benefices , with many speeches pro and contra . p. , policies of assurance amongst merchants , a bill touching them , with a speech thereupon . p. john popham esq the queens solicitor general chosen speaker eliz. p. poor to be relieved out of impropriations and other church livings , a bill for that purpose but rejected . p. popery the principal root of all the conspiracies against the queen . p. , popish , vide the table to the journal of the house of lords . prayers read by the clerk of the house . p. . he that shall come after them ( viz. after eight in the morning ) to pay four pence to the poor mans box. p. . the form of a prayer to be used in the house ( in the parl. & eliz. ) p. precedents bind not always . p. prerogative of the sovereign , how unlimited . p. , priviledges of the house of commons . p. , . . priviledge from arrests , &c. granted to the servants of members . p. . . . if actually arrested , to be set at large by writ , and upon the oath of the member , that he was his servant when the arrest was made . p. . if a servant procure himself to be arrested , 't is construed contempt of the house . p. . one committed to the tower for such a contempt . p. . if one fraudulently procure himself to be received for a servant only in parliament time to escape arrests , he shall not have priviledge . p. . whether the beating of a members servant be a breach of priviledge . p. . two committed for five dayes to the serjeants ward for such an offence . p. . their servants are priviledged from executions . p. , . though the priviledges of the house be not petition'd for by the speaker at his confirmation , yet enjoy'd by the members . p. , . a member being prisoner for debt , has his enlargement during the session . p. . whether the queens inhibition to dispute of a certain matter , be against the priviledge of the house . p. . she revoketh two such inhibitions . p. . no member can be removed but by judgment of the house . p. . a member cannot be served with a subpoena . p. . , . a person committed to the serjeant at arms for serving a subpoena on a member , p. , &c. if a member being served with a subpoena , shall put in his answer to the bill , he prejudices himself in his priviledge . p. , . if a writ of nisi prius be brought against a member to be tryed at the assizes in the country , the house may direct a warrant to the lord chancellor to award a supersedeas . p. . a plaintiff and serjeant both committed to the tower for arresting a member upon an execution . p. , . edward . being petition'd to permit parliament mens bodies or goods to be distrained , would not permit it . p. . a member has not only priviledge from arrests during the sitting of the parliament , but for a reasonable time before , and how much is a reasonable time . p. . he cannot be put upon a jury , during the session of parliament . p. . cannot be disturbed by way of an appearance . p. . the priviledges of the lords and commons the same , and why . p. . one fined twenty thousand marks for serving a citation upon a lord. ibid. a proviso added by the lords to a bill that has past the commons , must be ingrossed in parchment , &c. p. serjeant puckering chosen speaker in the parliament eliz. p. . again in the parliament & eliz. p. . afterwards made lord keeper of the great seal . p. purveyors , vide bill . q. a question having once received a no , cannot be again propounded . p. . after the question is put , none ought to speak to the matter in debate . p. , r. sir walter raleigh , a bill for confirmation of letters patents to him for the discovery of foreign countries . p. . reading , bills sometimes have a fourth reading . p. , . an order , that after the reading of the first bill none depart before the rising of m r speaker without his licence , under penalty of paying to the poor mans box four pence . p. . a bill of recognition for the queens title to the crown ( eliz. ) p. record , if the house be desirous to see any record , the speaker sends a warrant to the lord keeper to grant forth a certiorari to have it . p. recorder of london formerly ranked before the solicitor general , but not now . p. . chosen speaker in the parliament eliz. p. a bill against recusants in eliz. with several speeches thereupon . p. , . the first bill being laid aside , a new bill is framed , and both of them recited . p. . several speeches unto the new bill . p. . reformation of religion desired in eliz. and seven bills framed for that purpose , but all were dashed by the queen , under pretence of its not belonging to the parliament , but to her own prerogative . p. , . a command from the queen ( in eliz. ) that no bill touching religion shall be received into the house , unless first considered of and liked by the clergy . p. . the queen commands the bishops to reform abuses therein , or else threatens to depose them . p. . sixteen heads proposed by the commons to the lords for reformation of religion . p. , . two bills exhibited to the parliament eliz. for reformation of the abuses in ecclesiastical courts , but the queen will not suffer them to proceed with them . p. . . she gives them leave and encouragement in the parliament of the th of her reign , to reform sundry gross abuses in the ecclesiastical government . p. , reports of matters between private persons to be made by the committees in the presence of both the parties and their councel . p. restitution in bloud , vide the table to the journal of the house of lords . retail , a bill that aliens shall not retail foreign wares , with sundry speeches pro and contra . p. , , , , returns true or false not to be judg'd of by the lord chancellor , but by the house of commons only . p. , , . a member duly elected and not returned , what done in that case . p. . . if the name be mistaken in the return , the lord chancellor will not correct it , but make out a new writ . p. . russia merchants , a bill for their incorporation ( & eliz. ) p. s. sabbath , a bill for the more diligent resort to church thereon , with several speeches upon it . p. . a notable speech , why no new penal law should be made on that account . p. . by annexing a proviso to the bill it came to be dashed . p. salt , a patent of monopoly being granted for it , how much the price was enhanced . p. . a bill to take away sanctuary from persons indebted . p. . westminster sanctuary not excepted . p. . the bill dashed . p. a schedule added by the lords to a bill that has past the commons , must be ingrossed in parchment , &c. p. secrecy convenient as to matters debated in parliament . p. serjeant , vide the table to the journal of the house of lords . serjeant at arms , one committed to him for a slighting joque against the house . p. . he took the oath of supremacy in the parliament held & eliz. as the members did . p. . m r arthur hall ( a member of the house ) committed to him for setting forth a book derogatory to the authority of parliaments , &c. p. . d r parry ( a member of the house ) committed to his custody and why . p. . a currier committed to his custody for saying , the curriers could not have justice in the house , &c. p. . several persons committed to him for presuming to come into the house not being members . p. . . . & passim . a motion that the members should pay him his fees before they come into the house . p. . one committed to his ward for disturbing a member by way of an appearance . p. . if he be to go into the country to fetch any accused for breach of priviledge , he may desire part of his expences of the complainant before he begin his journey . p. . vide the word gentleman-usher in the table to the journal of the house of lords . servants of parliament men , vide priviledge . m r seymore clerk of the parliament from to eliz. p. . sheriffs when and where they may be chosen for knights of the shire , and when and where not . p. . . one man formerly sheriff of several counties . p. . a bill that they should be allowed for the justices diets . p. . . the queen stops the bill , saying that she will her self take order therein . p. . . a bill for several sheriffs in several counties . p. . . a bill that sheriffs , undersheriffs and bailiffs of liberties shall take oaths , dashed . p. . a member of a parliament may be made a sheriff . p. . . . and on the contrary a sheriff may be chosen a knight of the shire , but not for the county of which he is sheriff . p. . , shop-books , a bill to prevent the double payment of debts upon them , well spoken to . p. , sidney colleàge in cambridge upon what occasion founded . p. simony , a bill for prevention of it in presentations to benefices ( with a speech thereupon ) p. sirname altered by an act of parliament . p. george snagg serjeant at law chosen speaker eliz. p. solicitor general chosen speaker and eliz. p. . again , eliz. p. . he is to attend in the upper house , though he be chosen a member of the house of commons , if he be call'd thereto by her maiesties writ before he was elected a member . p. , common solicitors , a bill against them in eliz. well spoken to by him that brought it in . p. maimed souldiers , the money collected in the parliament eliz. chiefly bestowed upon them . p. . . husbandmen make the best foot-souldiers . p. spain reputed the author of all the treasons and rebellions in queen elizabeths time . p. . both houses join in a petition to the queen that she will proclaim war against spain . ibid. several speeches in the parliament eliz. containing an history of the methods the king of spain used for the conquest of england . p. , , . . he invades ireland with . in eliz. p. . his pretence is to defend the catholick cause . p. speak , if two or three offer to speak together , that party that is going to speak against the last speaker , is to be heard first . p. . none to be interrupted while he is speaking . p. . speaker of the house of commons his antiquity . p. . after he is nominated , he uses to uncover himself . p. . he is commonly nominated by the comptroller of the household . p. . & passim . after election he is placed in the chair either by m r comptroller alone , or by him with another . p. . , &c. two questions concerning the election of a speaker proposed and answered . p. . how he is presented to the sovereign . ibid. their excusing or disabling of themselves meerly formal or complementive , being sometimes done , sometimes not . ibid. & p. . their petitions of course to the king or queen , after confirmation . p. , , . , &c. he makes his speech now according to his own pleasure , but formerly by the directions of the house . p. . the story of thorp speaker in an h. . p. . . he is not always present at prorogations . p. . when the speaker dies in the interval of a prorogation , what method taken to chuse a new one . p. , . , , . the speaker is to be presented and allowed , before the house can determine or resolve on any thing . p. . he may speak to a bill with the leave of the house . p. . he is of that dignity that he is to be commanded by none nor to attend any but the sovereign . p. . when any new election is to be made , sitting the parliament , he is to direct a warrant to the clerk of the crown , to issue out the writ . ibid. & p. . a great contest whether such warrant be to be directed to the said clerk , or to the lord keeper , but carried for the former . p. , , , . bills are commonly perused by the speaker , before thy are received into the house . p. . he hath no voice in the passing of a bill . p. , liberty of speech of absolute necessity in parliaments . p. , , , , . star-chamber , a bill for the better expedition of justice in it , with a notable speech against the bill . p. . a bill exhibited therein by a peer against a member of the house of commons , vide belgrave ante . bill to make steel in england & eliz. p. steward of the household administers the oath of supremacy to the members . p. . who is his deputy of course . ibid. he may appoint several deputies , p. . , &c. the heirs of the lord stourton restored in blood , with a notable conference about the bill betwixt the two houses , wherein the liberties of the house of commons are asserted . p. disloyal subjects , a bill to reduce them to their due obedience ( eliz. ) p. . several speeches upon it . p. . subpoena not to be served on a member . p. , . . . what punishment was inflicted on one for serving such subpoena . p. . two members sent to the lord keeper to have the subpoena revoked . p. , subsidy , the queen remitteth the third payment of one . p. . bill of subsidy when it hath passed both houses , is to remain in the house of commons till the end of the session , and then to be presented by the speaker to the sovereign . p. . subsidies use to be first offered by the commons . p. . thought to be against the priviledge of the house for the lords to join with them therein , or to prescribe to them how much to give . ibid. & , . . the danger of encreasing the number of subsidies . p. . three subsidies not given at one time till eliz. and then with caution , that it should not be made a precedent . p. . yet there were the same number given . , eliz. and four in eliz. ib. & . . poor men commonly higher taxed in the raising of subsidies than the rich , and how it comes about . p. . few justices vated at above eight or ten pound lands , whereas according to the statute they ought to be at twenty . ibid. subsidies are of free gift , and cannot be exacted by the sovereign . ibid. succession , vide limitation . two or three members committed to prison by the queen for desiring the lords to join with the house of commons in a petition to the queen to entail the succession of the crown . p. . upon a motion in the house for petitioning the queen for their enlargement , the courtiers are against it . p. sunday , vide sabbath . supersedeas to be awarded by the lord chancellor to stop proceedings in a nisi prius against a member . p. supremacy , a bill for restoring it to the crown ( eliz. ) sent from the lords , dashed by the commons . p. . the oath of supremacy made eliz. begun to be taken by the members of parl. eliz. p. . a member suspended by the council from sitting in the house for bringing in a bill to reform ceremonies . p. . but the suspension soon taken off . p. common swearing , a bill against it , with a very ingenious speech thereupon . p. , t. three tenures in england . p. thorp , vide speaker . changing of tillage into pasture prejudicial to the common-wealth . p. . several speeches on occasion of repealing a statute for the increase of tillage . p. tin-mines in cornwall belonged to the dukes of cornwall ( so long as there were any ) by special patent . p. tonnage and poundage , a bill for them eliz. p. a bill to make certain offences treason , ( eliz. ) with several arguments thereupon . p. , , , u. a bill against vagrants , with some speeches thereupon . p. voices in parliament ought to be free , without any manner of compulsion . p. , a bill against usury , with sundry arguments and speeches thereon . p. . ad p. the end of the table . w. war , vide spain . a bill that wednesday shall be a fish-day . p. . it s benefit to the navy and mariners , and in what places to be observed . p. a bill against false weights and measures ingeniously spoken to by him that brought it in . p. , . another to the same purpose . p. welch tongue , a bill to translate the bible and service-book into it . p. lord wentworth arraigned for the loss of calis . p. peter wentworth esq his notable speech for the liberty of the house . p. . ad p. . a committee appointed to examine him upon it . p. . he is sent to the tower for speaking undutifully of her majesty in it . p. . upon her majesties pardoning him , he is received into the house again after above a months imprisonment . p. , . he is sent to the tower again by the queens order , in the parliament eliz. for desiring the lords to join with the lower house in a petition to the queen for entailing the succession of the crown . p. westminster , vide sanctuary . weymouth and melcomb regis incorporated by the queens letters patents into one borough , but so , that they still chuse four burgesses . p. . whispering not permitted in the house . p. whitby-haven , a bill for the re-edifying of it ( in eliz. ) rejected . p. williams ( thomas ) chosen speaker eliz. p. . vide the table to the journal of the house of lords . winchester , a bill for the assurance of certain lands late parcel of that bishoprick to divers patentees of edw. . with that bishops opposition to it . p. , . passed . p. wray ( christopher ) chosen speaker eliz. p. writ of summons to the sheriffs for chusing parliament men . p. . some alteration in the present from those of former times . p. , y. yarmouth , a bill for repealing part of its charter , dashed . p. serjeant yelverton chosen speaker in the parliament & eliz. p. , . his more than usual disabling of himself . p. . his speech to the queen at the end of the session . p. , york , a bill for the office of its town-clerk . p. the end of the table a catalogue of books printed for john starkey bookseller , at the mitre in fleetstreet near temple-bar . divinity . . a discourse of the freedom of the will : by peter sterry sometime fellow of emmanuel colledge in cambridge , in folio . . the jesuits morals , collected by a doctor of the colledge of sorbon in paris , who hath faithfully extracted them out of the jesuits own books , which are printed by the permission and approbation of the superiors of their society . written in french , and exactly translated into english , in folio . . the christians consolations against the fears of death ; with prayers and meditations sit to prepare all manner of persons for it . written in french by the late famous m r drelincourt , minister of the protestant church at charenton near paris ; and from the twelfth edition of it much corrected and enlarged by the author . now newly translated into english by marius a assigny , in octavo . . the living temple , or the notion improved ; that a good man is the temple of god. by john howe m. a. sometimes fellow of magdalen colledge , oxon. in octavo . . a confutation of the millenarian opinion , plainly demonstrating that christ will not reign visibly and personally upon earth with the saints for a thousand years , either before the day of judgment , in the day of judgment , or after it . by tho. hall b. d. physick . . the royal pharmacopoeia , galenical and chymical , according to the practice of the most eminent and learned physicians of france , and published with their several approbations . by moses charras , the kings chief operator in his royal garden of plants , faithfully englished . illustrated with several copper plates , in folio . . basilica chymica & praxis chymiatricae , or royal and practical chymistry ; augmented and enlarged , by john hartman . to which is added his treatise of signatures of internal things , or a true and lively anatomy of the greater and lesser world. as also the practice of chymistry of john hartman , m. d. augmented and enlarged by his son , with considerable additions ; all faithfully englished , by a lover of chymistry . . the compleat chymist , or a new treatise of chymistry , teaching by a short and easy method all its most necessary preparations . written in french by christopher giaser , apothecary in ordinary to the french king , and the duke of orleans . and from the fourth edition revised and augmented by the author . now faithfully englished by a fellow of the royal society . illustrated with copper plates , in octavo . . the art of chymistry , as it is now practised . written in french by p. thybault , chymist to the french king , and englished by w. a. doctor in physick , and fellow of the royal society , in octavo . . medicina instaurata , or a brief account of the true grounds and principles of the art of physick ; with the insufficiency of the vulgar way of preparing medicines , and the excellency of such as are made by chymical operations . by edward bolnest , med. lond. in octavo . . aurora chymica , or a rational way of preparing animals , vegetables and minerals for a physical use ; by which preparations they are made most efficacious , safe and pleasant medicines , for the preservation of the life of man. by edward bolnest , med. reg. ord. in octavo . . the chirurgions store-house , furnished with forty three tables cut in brass , in which are all sorts of instruments both ancient and modern ; useful to the performance of all manual operations ; with an exact description of every instrument , together with one hundred choice observations of famous cures performed , with three indexes ; . of the instruments . . of cures performed . . of things remarkable . written in latin by johannes scultetus a famous physician and chirurgeon of ulme in suevia : and faithfully englished by e. b. d r of physick ; in octavo . . medicina statica : or rules of health , in eight sections of aphorisms . originally written by sanctorius , chief professor of physick at padua , in twelves . law . . an abridgment of divers cases and resolutions of the common law , alphabetically digested under several titles . by henry rolls serjeant at law , published by the lord chief baron hales , and approved by all the judges , in folio . . the reports of that famous lawyer henry rolls serjeant at law , sometime chief justice of the kings bench , of divers cases in the law adjudged in the time of king james ; approved by all the judges , in folio . . the reports of sir george crook knight , in three volumes , in english : allowed of by all the judges . the second edition , carefully corrected by the original , in folio . . the history of gavel-kind , with the etymology thereof , containing a vindication of the laws of england ; together with a short history of will. the conqueror . by silas taylor , in quarto . . action upon the case of slander , or a methodical collection of thousands of cases in the law , of what words are actionable , and what not . by william shepherd esq in octava . . an exact abridgment in english , of the cases reported by sir francis moor knight ; with the resolution of the points of the law therein by the judges . by will. hughes , in octavo . . the touchstone of wills , testaments , and administrations , being a compendium of cases and resolutions touching the same , carefully collected out of the ecclesiastical , civil , and canon laws , as also out of the customs , common laws , and statutes of this kingdom . by g. meriton , in twelves . history . . the voyages and travels of the duke of holstein's ambassadors into moscovy , tartary , and persia , begun in the year . and finished in . containing a compleat history of those countries : whereunto are added , the travels of mandelslo , from persia into the east-indies , begun in . and finished in . the whole illustrated with divers accurate maps and figures . written originally by adam olearius , secretary to the embassy . englished by j. davies : the second edition , in folio . . the works of the famous nicholas machiavel citizen and secretary of florence ; containing the history of florence , the prince , the original of the guelf and ghibilin , the life of castruccio castracani , the murther of vitelli , &c. by duke valentino , the state of france , the state of germany , the discourses on titus livius , the art of war , the marriage of belphegor : all from the true original newly and faithfully translated into english , in folio . . i ragguagli di parnasso , or advertisements from parnassus , in two centuries , with the politick touchstone . written originally in italian by that famous roman , trajano bocalini . englished by the earl of menmouth , in folio . . the history of barbadoes , s t christophers , mevis , s t vincents , antego , martinico , monserret , and the rest of the caribby islands , in all twenty eight : in two books , containing the natural and moral history of those islands : illustrated with divers pieces of sculpture , representing the most considerable rarities therein described , in folio . . the history of the affairs of europe in this present age , but more particularly of the republick of venice . written in italian by battista nani cavalier , and procurator of s t mark. englished by sir robert honywood k t , in folio . . the history of the turkish empire from the year . to the year . containing the reigns of the three last emperours , viz. sultan morat , or amurat iv. sultan ibrahim , and sultan mahomet iv. his son , the xiii . emperour now reigning . by paul rycaut esq late consul of smyrna , in folio . . the present state of the ottoman empire in three books ; containing the maxims of the turkish polity , their religion and military discipline : illustrated with divers figures . written by paul rycant esq late secretary to the english ambassador there , now consul of smyrna . the fourth edition , in octavo . . the present state of the greek and armenian churches annochristi . written at the command of his majesty , by paul rycaut esq late consul of smyrna , and fellow of the royal society , in octavo . . the memoirs of philip decomines lord of argenton ; containing the history of lewis xi . and charles viii . kings of france ; with the most remarkable occurrences in their particular reigns from the year . to . revised and corrected from divers manuscripts , and ancient impressions , by denis godfroy , counseller and historiographer to the french king , and from his edition lately printed at paris , newly translated into english , in octavo . . a relation of three embassies , from his majesty charles the second , to the great duke of muscovy , the king of sweden , and the king of denmark , performed by the right honourable the earl of carlisle , in the year , and . written by an attendant on the embassies ; in octavo . . a relation of the siege of candia , from the first expedition of the french forces , to its surrender , the th of september . written in french by a gentleman who was a voluntier in that service , and faithfully englished , in octavo . . the present state of egypt , or a new relation of a late voyage into that kingdom , performed in the years , and . by f. vansleb r. d. wherein you have an exact and true account of many rare and wonderful particulars of that ancient kingdom . englished by m. d. b. d. in octavo . . the history of the government of venice , wherein the policies , councils , magistrates , and laws of that state are fully related ; and the use of the balloting-box exactly described . written in the year . by the sieur amelott de la houscaie , secretary to the french ambassador at venice , in octavo . . an historical and geographical description of the great country and river of the amazones in america , with an exact map thereof . translated out of french , in octavo . . the novels of the famous don francisco de quevedo villegas , knight of the order of s t james ; whereunto is added , the marriage of belphegor , an italian novel : translated from machiavel : faithfully englished , in octavo . . the amours of certain great men , and famous philosophers . written in french , and englished by j. d. in octavo . . deceptio visus , or seeing and believing are two things , a pleasant spanish history ; faithfully translated , in octavo . . the history of france , under the ministry of cardinal mazarine , viz. from the death of king lewis xiii . to the year . wherein all the affairs of state to that time are exactly related . by benjamin priolo , and faithfully englished by christopher wase , gent. in octavo . . the history of the twelve caesars , emperours of rome . written in latin by c. suetonius tranquillus , newly translated into english , and illustrated with all the caesars heads in copper-plates , in octavo . . the annals of love , containing select histories of the amours of divers princes courts , pleasantly related . by a person of honour , in eight parts , in octavo . . a new voyage into the northern countries , being a description of the manners , customs , superstition , buildings , and habits of the norwegians , laplanders , kilops , borandians , siberians , samojedes , zemblans , and islanders , in twelves . . the present state of the united provinces of the low countries , as to the government , laws , forces , riches , manners , customs , revenue , and territory of the dutch. collected out of divers authors , by w. a. fellow of the royal society . the second edition in twelves . . the present state of the princes and republicks of italy : the second edition enlarged , with the manner of election of popes , and a character of spain . written originally in english ; by j. gailhard , gent. in twelves . . the policy and government of the venetians , both in civil and military affairs . written in french by the sieur de la hay ; and faithfully englished , in twelves . . the voyage of italy , or a compleat journey through italy : in two parts , with the character of the people , and the description of the chief towns , churches , palaces , villas , gardens , pictures , statues , antiquities ; as also of the interest , government , riches , forces , &c. of all the princes , with instructions concerning travel . by richard lassells gent. who travelled through italy five times , as tutor to several of the english nobility ; opus posthumum , corrected and set forth by his old friend and fellow-traveller s. w. never before extant , in twelves . . a relation of the french king 's late expedition into the spanish netherlands , in the years , and . with an introduction discoursing his title thereunto , and an account of the peace between the two crowns , made may . . englished by g. h. in twelves . poetry and plays . . the works of sir william davenant k t , consisting of those which were formerly printed , and those which he designed for the press . now published out of the author 's original copies in folio . . andronicus comnenius , a tragedy . by john wilson , in quarto . . heraclius emperour of the east , a tragedy . by lodowic carlel esq in quarto . . the shepherds paradise , a pastoral . by walter montague esq in octavo . . paradise regain'd , a poem in four books , to which is added sampson agonistes . the author john milton , in octavo . miscellanies . . a general collection of discourses of the virtuosi of france , upon questions of all sorts of philosophy , and other natural knowledge , made in the assembly of the beaux esprits at paris , by the most ingenious persons of that nation . englished by g. havers . in two volumes , in folio . . a justification of the late war against the united netherlands , in two parts , illustrated with several sculptures , by henry stubbs , in quarto . . the compleat gentleman : or directions for the education of youth , as to their breeding at home and travelling abroad . in two treatises , by j. gailhard gent. who hath been tutor abroad to several of the nobility and gentry , in octavo . . the temperate man , or the right way of preserving life and health , together with soundness of the senses , judgment , and memory , unto an extream old age. in three treatises . the first written by the learned leonardus lessius . the second by lodowick cornaro , a noble gentleman of venice . the third by a famous italian : faithfully englished , in twelves . . the golden calf , in which is handled the most rare and incomparable wonder of nature , in transmuting metals , viz. how the entire substance of lead was in one moment transmuted into gold obrizon , with an exceeding small particle of the true philosophers stone , at the hague in the year . written in latin , by john frederick helvetius , doctor of medicine at the hague ; and faithfully englished , in twelves . . accidence commenc'd grammar , and supplied with sufficient rules ; or a new and easy method for the learning of the latin tongue . the author john milton , in twelves . . the rules of civility , or certain ways of deportment observed in france amongst all persons of quality , upon several occasions ; faithfully englished , in twelves . . the art of complaisance , or the means to oblige in conversation , in twelves . notes, typically marginal, from the original text notes for div a -e * rot. parl. , & h. . n. , , , , , , , , , . || rot. parl. h. . n. . an act for roger thorpe . notes for div a -e a eadmerus histor. normannorum lib. . fol. . l. . b malmesbury ( obiit mortem an . poll natum sirvatorem sesum mcxliio. regis stephani , balaeus script . britanniae fol. . ) l. . p. . l. . in vita willielmi . c eadmerus lih . . p. . l. . d rut. cart. johannis m. . n. . e rut. claus. h. . pars . m. . dorso . vide stat. de an . bissextili h. . rex per consilium fidelium subditorum , and vet resolved to be a parliament , coke lib. . case del prince , fol. . f a mat. weslm . an. . h. . p. . l. . g a barones suni majores & minores . barones pro libere tenentibus in genere , hoc est tam in soccagio quam per servitium militare , spelm. gloss. diatriba de baronibus , fol. , . h rot. claus. e. . m. . dorso . i rot. pars. e. . n. . k rot. pars. h. . n. . l rot. parl. r. . cotton's records , fol. . m rot. parl. h. . n. . n dominus herbert de cherbury , in vita h. . fol. , , , . o parl. sicundum mariae , rast. stat. p. . c. . rast. stat. part . de an. eliz. fol. . c. . p rot. claus. e. . m. . dorso . notes for div a -e euseb. li. . de vita constantini . notes for div a -e * bracton de legibus angliae , lib. . cap. . notes for div a -e vide camden annal. p. . notes for div a -e this ordinance inhlbitis also as well the election of lawyers as of sheriffs . notes for div a -e vide de tota ista materia in annal eliz . à guliel . camd. script . edit lugdun . batav . an. dom. . à pagin . . ad pagin . . gul. camd. in annal . eliz. supracitatis pag. . line is , , . notes for div a -e vide àe tota ista matcria in annal. eliz . à cambd. script . edit . lugd. bat. . à p. . ad p. . the pitition against the scottish queen presented unto her majesly , nov. . notes for div a -e guliel . cambden , in annal. regin . eliz. edit . lugdun . batav . anno dem. . p. & . notes for div a -e vide gulicl . camd. annal. regin . eliz. edit lugd. batavorum an. dom. . pag. . notes for div a -e vide holinghs . pag. . & . an excellent case , of one george finers a burgess of plimouth in devonshire in the parliament an. h. . anno dom. . arrested and taken in execution by the means of one white , and afterward had his priviledge ; as also of the temple-cook , who was servant to sir thomas audley once speaker of parliament and after lord chancellor , who being arrested was freed . which case was cited by king h. . himself . * statute de h. . cap. . & h. . cap. . enact it . vide h. . fol. . a. dyer . notes for div a -e vide gul. camd. anno regin . eliz. edit . lugdun batavorum an. dom. . pag. . a proclamation commanding all seamen and mariners to repair to the ships on which they are listed england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation commanding all seamen and mariners to repair to the ships on which they are listed england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by the assigns of john bill and christopher barker ..., london : . broadside. "given at our court at whitehall the sixth day of april, ." reproduction of original in cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation commanding all seamen and mariners to repair to the ships on which they are listed . charles r. whereas his majesties fleet is now ready to put to sea , and that divers seamen , mariners , and others having been listed to serve on board the said fleet , do neglect to make their appearance , his majesty , with the advice of his privy council , hath thought fit by this his royal proclamation , strictly to charge and require all seamen , mariners , and others who have been listed on board any his majesties ships , or who have received prest-money , or are otherwise howsoever under his majesties pay at sea , that forthwith and immediately upon publication hereof , they repair to their several and respective ships ; and if any after the publishing of this his majesties proclamation , shall fail to render themselves accordingly , they shall be proceeded against as desertors of his majesties service , with all exemplary severity . given at our court at whitehall the sixth day of april , . god save the king. london , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . his maiesties speech at leicester, to the gentlemen, freeholders, and inhabitants of that county. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his maiesties speech at leicester, to the gentlemen, freeholders, and inhabitants of that county. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by alice norton, imprinted at yorke, and re-printed at london : . royal arms with initials at head of title. he had come to leicester to remove any misunderstandings there. he has sent such propositions for peace and accommodation to parliament as should make them submit. if they do not the king relies on them to support him and the old-established laws .. -- steele. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . leicestershire (england) -- history -- early works to . a r (thomason .f. [ ]). civilwar no his maiesties speech at leicester, to the gentlemen, freeholders, and inhabitants of that county. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense his maiesties speech at leicester , to the gentlemen , freeholders , and inhabitants of that county . gentlemen , since i have found my presence so very acceptable amongst my good subjects in these northerne parts , and that the errours and mistakes amongst them , have wholly proceeded from mis-information , and are removed with more satisfaction , and case to them then they were received ; i hold it a piece of my duty , to take the utmost paines i can , fully to informe and undeceive my people ; and rather to prevent crimes , then to punish them : in this errand i am come to you , amongst whom there hath not beene the least misunderstanding , to shew you , that i doe not suspect any malice in the place , or in the people ; though persons of as ill dispositions have been busie in it , and amongst you , as in any county in england , and such who have taken as great paines to doe mischiefe , and to bring confusion , as good men should for peace and happinesse : though 't is as true , that very many worthier persons amongst you have appeared of contrary affections , which i shall alwayes acknowledge : i am come to you in a time too , when nothing could invite mee to such a iourney , but my affection to , and good esteem of you ; having sent such propositions for peace and accommodation to my two houses of parliament , that i hope to have no other use of your affections , but in your prayers ; being sure they will submit to them with all alacrity , if the unexcusable enemies to the peace of the kingdom be not strong enough to prevail : and then you will find your selves so much concerned ( for i have required nothing that with more justice can be denied me ( if it be duly weighed ) then my crown , or my life may be taken from me ) that i shall not need to ask your assistance : i know you will bring horse , men , money , and hearts worthy such a cause . your religion , your liberties , your laws ( which i will defend with my life , i mean the good known laws of the land , not ordinances without my consent , which till within these twelve moneths was never heard of from the foundation of this kingdom ) will be the quarrell : and in such a cause , the taking away my towns , ships , armes , and money from me , shall not dishearten me : the concurrence and affection of my people with gods blessing will supply and recover all . imprinted at yorke , and re-printed at london by alice norton , . the subjects joy for the parliament [by] iohn taylor. taylor, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the subjects joy for the parliament [by] iohn taylor. taylor, john, - . sheet ([ ] p.) : ill., port. printed by edw. all-de for h.g. and are to be sold by edw. wright, [london] : [ ] date of publication from stc ( nd ed.). text enclosed in architectural border, with port. of king james i at head of text. imperfect: faded. reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- poetry. broadsides -- london (england) -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion the subjects ioy , for the parliament . iacobvs rex . svch and so great , all mans corruption is in shunning good , and running to amisse : that the almighty , did long since ordaine lawes , that should our rebellious wils restraine . and from that parlament , of highest heauen a statute , and an ordinance was giuen , that from those lawes of the eternall king , all other lawes ( that gouerne men ) should spring . and as the sea in riuers , creekes and bayes , flowes , and disperses many seuerall wayes : so doth gods acts in many branches run , to shew vs what should be vndone , or done . for this cause did the power of heauen ordaine , that kings ( like gods ) on earth should rule and raigne : to iudge , to be a refuge , and defence with right , of too much wronged innocence . and for this cause , god doth a king command , that he his lawes should read * and vnderstand . and sure , of all the kingdomes that there are beneath the heauens , none may with vs compare : to vs th' almighty , graciously did grant freely his sacred gospell heere to plant , making great brittaine an admired mirror , ( when other nations blindly liue in error . ) for vs a matchles king , he out did picke , defendor of the faith apostolicke , who all his lawes and statutes doth encline , conformable vnto the lawes diuine . gods law in euery faithfull heart * is writ , and our kings gouernment doth witnes it . and now these eighteene yeares a blessed peace , hath made our sinnes ( more then our thankes ) increase , that breach of lawes , hath sowen neglected seedes , being almost growne vnprofitable weedes : our gracious king , these euils to preuent , assembled hath a royall parlament . the high creator , made this kingly creature his steward , by his office , name , and nature , and he doth guide and rule this happy land , as he is guided by th' almighties hand . and though a king hath honour and renowne , yet many cares attend vpon a crowne : and though a king a royall port doth keepe , yet doth he wake , when subject ; often sleepe . and had not our dread soueraigne , bin protected by the almighty , who hath him directed , wee could not haue enioyed such peace and rest , wherewith so many yeares wee haue bin blest . and as hee now hath caus'd a parlament , god still be present there , and president : let the kings heart as it hath done perseuer , that god may haue the glory , now and euer . ( like dauid ) let him not from goodnes start , but bee a man according to gods heart . let salomons great wisdome euer bee in him , that good from ill he may fore-see : let him with iosua's courage ( constantly ) the deuill , the world , and eke the flesh defie . and let him ( like to moses ) euer write , and ordaine lawes that may be iust and right . like faithfull hushaies * be his counsell still , to giue aduice according to thy will. guide thou the reuerend bishops , and the peeres , the iudges , and elected knights , of shires , and burgesses of townes within this land , doe thou ( o god ) amidst their counsell stand . let all their consultations , still depend to beate downe vice , and vertue to defend : thy gospell to increase and propagate , and for the good of common-wealth and state. the pride of haman , farre from them expell , confound the counsell of ahitophell : plucke heresies vp by the very roote , and tread proude antichrist quite vnder foote . banish 〈◊〉 , leaprous with base bribes , papisticke pharises , sophisticke scribes : and those that wholsome lawes can wrest and wring , for gaine 'gainst conscience , country , and their king. thus being guided by thy blessed spirit , they will accomplish statutes worthy merit : that after ages gladly may receiue the acts , and orders , which our times must leaue . let prince , and peeres , and people thus combine , the profit will bee ours , the glory thine : and as thy blessings hath bin multiplyde vpon our kingdome , let them still abide : let not our sinnes as a partition bee , or make vs be as castawayes to thee . let not our crimes thy indignation moue , whereby they may vs seperate from thy loue : but as thy fauours to vs haue bin such , as neuer any kingdome had so much , so let our thankfulnes to thee therefore , bee euery day expressed more and more . protect the king with thy almighty armes , saue him from forraine and domesticke harmes : at all times with thy heauenly grace relieue him , and after death a crowne of glory giue him . preserue for euermore , our gracious prince , and strength him , his and thy foes to conuince , the prince and princesse palatines high grace , with all the royall and the hopefull race : defend them against all that them oppose , and fight their battels still against their foes . grant that of this seed we may ne're want one , to magnifie thy name in britaines throne : vntill our sauiour , and thy onely sonne , shall come in iudgement , and the world be done . to whom with thee and with the holy ghost , bee rendred ( euery where from coast to coast ) all honour , glory , power , might , praise , thanks-giuing , to thee three persons , one god , euer-liuing . finis . iohn taylor printed by e all-de for h. g. and are to be solde by edw : wright . notes, typically marginal, from the original text notes for div a -e * deu. . * heb. . . * sam. . an act for a seal of the parliament of the commonwealth of england. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for a seal of the parliament of the commonwealth of england. england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of of england, london : [i.e. ] order to print dated: die mercurii, januarii, . signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng england and wales. -- parliament -- seal -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for a seal of the parliament of the commonwealth of england. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act for a seal of the parliament of the commonwealth of england . be it enacted by this present parliament , that the seal engraven with the arms of england and ireland ( that is to say , a cross and a harp ) with this inscription in the circle , that is to say ( the seal of the parliament of the commonwealth of england ) shall be the seal of the parliament of the commonwealth of england , to be onely used by order of parliament . and be it further enacted , that whosoever shall counterfeit the same , shall be adjudged and taken to be guilty of high treason , and shall be tryed in such maner , and undergo the like penalties as are appointed by any act of parliament in case of high treason . die mercurii , januarii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . the second part of a brief register and survey of the several kinds and forms of parliamentary writs comprising the several varieties and forms of writs for electing knights, citizens and burgesses for parliaments and great council ... : wherein the original of the commons house, and elections of knights, citizens, burgesses and barons of ports to sit in parliament, is infallibly evidenced to be no entienter than h. . the presidents and objections to the contrarie answered ... / by william prynne ... prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the second part of a brief register and survey of the several kinds and forms of parliamentary writs comprising the several varieties and forms of writs for electing knights, citizens and burgesses for parliaments and great council ... : wherein the original of the commons house, and elections of knights, citizens, burgesses and barons of ports to sit in parliament, is infallibly evidenced to be no entienter than h. . the presidents and objections to the contrarie answered ... / by william prynne ... prynne, william, - . [ ], [i.e. ] p. printed by t. childe and l. parry, and are to be sold by edward thomas ..., london : . reproduction of original in union theological seminary library, new york. p. [ ]-p. from cambridge university library copy spliced at end. cambridge university library copy has added title page: the miscellaneous works of william prynne, esquire ... . errata: p. . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons -- rules and practice. parliamentary practice -- great britain -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the second part of a brief register and survey of the several kinds and forms of parliamentary vvrits . comprising the several varieties and forms of writs for electing knights , citizens and burgesses for parliaments and great councils , issued to sheriffs of counties only , with the antientest returns of these writs by sheriffs yet extant on record ( from h. . til e. . ) amongst the records in the tower : intermixed with other rare writs , pertinent to this subject ; and some writs of prorogation and re-sommons , with special usefull annotations and observations on them , after most of these writs recitals , for the readers information . wherein the original of the commons house , and elections of knights , citizens , burgesses , and barons of ports to sit in parliament , is infallibly evidenced to be no antienter than h. . the presidents and objections to the contrarie , answered : the original of antient boroughs , and how many they were under king edward the . , . discovered : the power of the kings of england , in creating new boroughs by charters or writs , augmenting , diminishing the number of knights , burgesses , members of the commons house , and altering the forms of writs of summons , without a parliament ; the inability of the commons house to eject , or censure any one of their members , much less the major part ( as now ) without the king or house of lords concurrence and judicature , and the inconsistency of force and armed gards with parliaments freedom , are fully evidenced . some grosse mistakes touching parliament writs and members refuted , with many other rarities concerning parliaments . by william prynne esquire , a bencher of lincolns-inne . jer. . thus saith the lord , stand ye in the waies and see , and ask for the old paths , where is the good way ? and walk therein , and ye shall find rest for your sou's : but they said , we will not walk therein . london , printed by t. childe and l. parry , and are to be sold by edward thomas at the adam and eve in little britain . . to the reader . courteous reader , let it seem neither strange , nor injurious , nor unreasonable or unseasonable to thee , that i now publis●… only one single section and fragment of the severa●… forms of writs for electing members of the commons house in parliament , without the remaining sections i at first intended to accompany it , to make it compleat ; when as a very small fragment of the old commons house , not the full tenth part of it , ( after thei●… own double forcible dissipation by the army , ) ha●… by their own special command forcibly excluded all t●… old secluded members , ( being above . ) by arm●… gards , not only out of the house but lobby too , d●…cemb . . and voted them quite out of the house t●… th . of january . without the least accusation 〈◊〉 hearing , behind their backs , though ready to justif●… themselves face to face against all objections , contrary 〈◊〉 all laws of a god , nations , and the land ; whi●… judge and disfranchise no man how criminal or v●… soever , before he be heard , & have his accusers fa●… to face , and have license to answer for himself co●…cerning the crimes laid against him . it seemi●… b unreasonable ( even in the judgments of mere pagan●… to imprison or condemn any person , and not with●… to signifie the crimes laid against him . the only gro●… of this their unparliamentary bruitish vote with●… any crime , cause , or particular members names expr●…sed in it , is our c voting the kings concessions up●… the propositions , to be a ground for the house proceed upon for the settlement of the peace of t●… kingdom , according to our trusts , judgements , c●… sciences , after . daies and one nights debate without 〈◊〉 viding the house , when there were above . members present : for which vote alone decemb. . ( as it now appears ) they then gave secret orders to the army osficers to secure . and seclude above . more members dec. & . . and since that to re-s●…clude them , may & . and decemb. , . placing tr●…ble gards at the door , january . when they passed their vote to discharge , & disable them from sitting , to keep them out if they then attempted to enter . had this bin only a sin of ignorance , or private injury , we should with patience and christian charity , have pretermitted and remitted it with our saviors prayer , father forgive them for they know not what they do : but being a wilsull malicious , unatural crime against not only their fellow-members , contrary to all rules of iustice , nature , and the gospel it self , resolving , that there should be no schism in the body ( of the house or parliament , no more than in the natural body ) but that the members should have the same care one of another , and whether one member suffer , all the members suffer with it ; but also the highest injury and affront to all those counties , cities and boroughs they represent , and a new kind of gupowder-treason , to blow up all english parliaments foundations , rights , privileges , members , and the fundamental government , laws , and liberties of the people in succeeding generations , if connived at , & not f●…lly vi●…dicated ; being . several times , or more , impenitently perpetrated by them , the last after their own late double dissipations by divine retaliation , which they so highly resented as treasonable and flagition in cromwell and lambert , seconded with an old and new engagement and oath of abjuration , which some of them have already taken , & intend to obtrude upon the consciences of our . nations , to send them down quick into hell , if taken , or ruine them in their liberties & properties if denied , i cannot but look upon it as a kind of sin against the holy ghost ( which i fear some of these desperadoes have wellnigh arived unto ) d which shall never be forgiven to men , neither in this world , nor in that which is to come . the rather because they arrogate to themselves , the name , power and judicature of the parliament , no lesse than . times in this short nonsence vote ; when as they are not the tithe of a commons house , and no parliament at all , without the king , and house of lords , & have not the least legal jurisdiction to seclude or vote out any one member , without the kings or lords concurence ; whom they have engaged against , abjured , secluded against the very act by which they pretend to sit : who were a parliament alwaies without a comons house til h . . without whom they can now enact , vote , order nothing , that is valid , or obligatory to the secluded members or people ; as this and the former part of my register , and plea for the lords , will inform those ignoramusses in parliamentary proceedings who think they may act , enact , and vote what they please , against all rules of justice , the laws of god and the land ) and our whole nation , the reason and end of its present publication . if they or any others , shall receive any new-light , from these new unknow antiquities , to reduce the over-swelling house of commons , within its antient bounds of loyalty and sobriety , for the peace , and settlement of our . kingdoms , reduced to the brink of utter ruine , by their dangerous 〈◊〉 innovations , and usurpations over their fellow-members , ●…cers and kings ; and restore our parliaments to their antient constitution , rights , privileges , without any injurious incroachments upon the peoples liberties , or one house upon the other , i shall 〈◊〉 god for it , and by his assistance , proceed to publish the remaining sections , for the benifit of posterity . in the mean time , i hope this fragment will demerit thy thanks too , and thy servent prayers for thy friend , the unfeined , unmercinary servant of his native country , in his generation william prynn . lincolns-inne jan. . . the second part of a brief register , kalendar , and survey of the several kindes , forms of parliamentary writs . having already presented the world with the first part of my brief register , kalendar and survey of the several kinds , forms of parliamentary writs , in . distinct sections , with special & general choise useful annotations on , and observations from them , relating principally to the members and assistants of the lords house ; i shall now proceed in this second part ( by gods assistance ) to communicate to this present age and posteritie in several sections , the manifold varieties , forms of writs issued to sheriffs of shires , and particular corporations made counties within themselves , wardens of the cinqueports , mayors of towns , burroughs , and officers of the ports , for electing knights , citizens , burgesses , barons of the ports , and other members , to serve in our great councils , parliaments , or attend upon , or appear before them as assistants , or otherwise upon extraordinarie occasions ; with the different forms of writs for proroguing , adjourning , superseding parliaments , or councils after the first writs of summons , issued to spiritual and temporal lords of all ranks , the kings counsil , sheriffs , and other officers : with extraordinarie writs directed to the king , nobles , officers , and others of scotland ; and to some lords , officers , and others in ireland ; as likewise to merchants , masters , owners of ships , and other private persons , to appear at or before the parliament , or kings counsil in england , upon urgent occasions , relating to the respective lands , affairs , defences of scotland , or ireland , or to the guarding of the seas , merchandize , trade , and the like , with sundrie kinds of writs , issued to the arch-bishops , bishops , convocations , clergy of england ; besides other rare writs relating to our parliamentarie affairs and proceedings ; not hitherto published or insisted on by any writers of our parliaments , though most worthie the knowledg of all noble-men , states-men , parliament-men , lawyers , gentlemen of qualitie , antiquaries , historians , hitherto ( for the most part ) totally unacquainted with them , or the majoritie of them , almost quite buried in the grave of oblivion , many of our records being now overspread with dust , cobwebs , and eaten up with rust , cankers , moths , worms , in their over-much neglected cells , for want of industrie , care in those who should preserve , and reduce them into better order , for the publike benefit of the present and succeeding ages ; a work fit to be speedily executed , promoted , and no longer deferred by those whom it most concerns , and by persons in highest authoritie as worthy their superintendent eye and countenance , being the richest treasures of the whole english nation . section iv. of the several varieties , forms of writs , for electing knights , citizens , and burgesses for parliaments and great councils , issued to the sheriffs of counties , intermixed with some of their ancientest retorns by sheriffs ; and some writs of prorogation and resummons ; with special usefull annotations on , and observations from them , after most of these vvrits recitals . vvhen and in what kings reign , writs for electing knights , citizens , and burgesses to serve in our great councils & parliaments were first issued , and they upon the peoples free choice admitted into them as members , is a great yet undecided countroversie amongst antiquaries , and writers of our english parliaments . a some conceit , that there were knights , citizens , burgesses , and commons in the reigns of our saxon kings , before the conquest , summoned as members to their grand councils , and included together with the nobles , under the name of sapientes , and the like ; for proof whereof they much insist upon the pretended ancient treatise , stiled , modus tenendi parliamentum , which in truth is but a late absurd imposture , though cried up by b sir edw. cook ( who over doted on it ) for a most ancient record , beyond c all exceptions , relying upon it as an undoubted oracle . others refer their original to the parliamentarie council held at salisbury , in the sixteenth year of king henry the . to which opinion polydor virgil , holingshed , speed , in their histories , anno . justice dodderidg , mr. cambden , mr. agar , and joseph holland , in their treatises of the ( c ) antiquity of the parliaments of england . d sir walter raleigh , e and others incline , as most probable ; which i have at large refuted in my plea for the lords , p. . to . by unanswerable evidences . sir f rob : cotton , and g mr. selden , two of our learnedest most judicious antiquaries , do rather incline , that the writs for electing knights , citizens and burgesses , began but about the later end of king henry the . and that the first writ of this kinde now extant , is that in cl. h. . before which time , i conceive , it can hardly be made good by historie or records , that anie knights , citizens , burgesses or commons elected by the people , or others , were called to our great councils or parliaments , as members of them . that which induceth me to adhere to this opinion , are not onely the histories and records i have h elswhere cited during the reigns of king henry the . king stephen , henry the . richard . king iohn , and henry the . of all the parliamentarie councils held under them before this year ; which make no mention of anie such knights , citizens , burgesses , or commons summoned to , or present in them , as members ; but only of the archbishops , bishops , abbots , priors , earls , nobles , and great men of the realm ; but these memorable writs entred in the clause roll of h. . which assure us , that there was a parliamentarie council summoned & held this year , by the king , his prelates , lords , nobles , & barons , and a tenth granted him by the prelates & lords , ordained how to be levied & expended for the common benefit of the realm & church of england , by their unanimous counsil and advice ; without the least mention at all of anie knights , citizens , burgesses or commons called to , or acting in it in anie kinde . claus. h. . m. . dorso . rex johanni de balliolo salutem . cum jam sedata turbatione nuper habita in regno nostro , pax inter nos et barones nostros , divina cooperante gratia ordinata sit ac firmata ; et quaedam ardua negocia nos et regnum nostrum tangentia vobiscum communicanda habeamus , quae sine praesentia vestra & aliorum fidelium nostrorum nequeunt expediri , vobis de consilio baronum nostrorum mandamus in fide et homagio quibus nobis tenemini firmiter injungentes , quatinus statim visis literis istis omnibus aliis praetermissis sitis ad nos london , sine armis , cum summa festinatione veniatis , super praemissis consilium vestrum impensuri . et hoc sicut nos honorem nostrum , necnon et tranquilitatem regni nostri diligitis , nullatenus omittatis . t. rege apud sanctum paulum london . die junii . eodem modo mandatum est rogero de clifford , rogero de leyburn , hamoni lestraung , roberto de nevill , ade de gesmuch . these parties were * all lords and barons of the realm ( not commoners ) & summoned by particular writs by name , not elected by the people ; and the aliorum fidelium nostrorum , were the rest of the prelates , barons and nobles , as these ensuing writs resolve us . claus. h. . m. . dorso . rex m. episcopo norwicen . salutem . cum per praelatos et magnates regni nostri provisum sit , et unanimiter conceslum , quod decimae proventuum omnium beneficiorum ecclesiasticorum in regno nostro conferantur , ad communem utilitatem ejusdem regni et ecclesiae anglicanae , et quod hujusmodi decimae per locorum episcopos leventur , et ad nos mittantur . vobis mandamus , quod hujusmodi decimas , quas juxta provisionem praedictam in vestra dioc. de beneficiis ecclesiasticis levari fecistis ad nos sine dilatione mittatis , convertendas in communem utilitatem regni nostri et ecclesiae praedictae . et hoc nullatenus omittatis . scitote , quod nisi hoc ad mandatum nostrum facere volueritis , de consilio magnatum qui sunt de consilio nostro mandamus vic. nostro norff : & suff : ad dictam decimam , ob defectum vestri , quod vellemus levari , et ad nos mitti fac . indilate . t. rege apud cantuar. primo die septembr . rex vic. norff. & suff. salutem . cum per pr●…latos et magnates regni no●…ri provisum sit , et unanimiter concessunr , quod decimae proventuum , &c. ( as in the former w●…it ) & ad nos mittantur ; et jam mandaverimus m. norwich episcopo , quod hujusmodi decimas , quas juxta provisionem praedictam de beneficiis ecclesiasticis in dioc. sua levari fecit , et ad nos sine dilatione mittat , convertend●…s in commun●…m ●…tilitatem regni nostri , et ecclesiae praedictae , et hoc nullatenus omittat . nos indempnita●…i ecclesiasticae libertatis quatinus fieri poterit providere volentes , tibi de consilio magnatum qui sunt de consilio nostro praecipimus injungentes , quod in propria persona tua accedas ad praedictū episcopum , et ipsum ex parte nostra diligenter moneas et inducas , ut negotium istud juxta mandatum nostrum expleat cum effectu . et si ipse propter hujusmodi monitionem hoc facere neglexerit , tu ex tun●… per negligentiam ipsius praedictam decimam de hujusmodi benesiciis ecclesiasticis levari , et ad nos mitti fac . indilate . t. ut supra . rex c. ebor. archiepiscopo angliae primati salutem . cum nos , una cum regni nostri pra latis et proceribus super alienigenarum inimicorum nostrorum adventu nuper praemuniti , de consilio eorundem prelatorum et procerum provida deliberatirne duxerimus sta●…uendum , ut ab hujus defensionis auxilio nullus excusatur sexus aut ordo , nullius personae laboribus , nullis rerum parcatur impendiis ; illa tamen devotio debita quam ad sanctam ecclesiam catholicam gerimus nos induxit , ut virorum ecclesiasticorum in hac parte subsidium de pr●…latorum ordinaretur assen●…u ; qui ut suae et clericorum suorum tranquilitati pros●…cerent et bellorum clades personaliter evitaren●… . decimam omnium ecclesiasticorum proventuum in ●…uis diocaesibus non solum nobis , set ad utilitatem rei publicae regni et ecclesiae anglicanae concesserunt . quia verò non tantùm ecclesiasticis ecclesiae eborum . suffraganeis et eorum clericis , sed et ipsi ebor. ecclesiae vestrae ejusque cl●…ricis et toti clero regni nostri prospicietur in hac parte . vobis mandamus firmiter injungendo , quod decimam omnium ecclesiasticorum proventuum in dioc. ebor. existentium , nullo ab hac praestatione exempto , per vos vel ministros vestros citra festum sancti michaelis levari , et ad nos micti facias . in hoc enim non modicum , ecclesiasticae libertati deferimus , quod non per ballivos nostros in tam ardua necessitate , set per vestros ecclesiasticos hujusmodi subsidia ad opus reipublicae regni et ecclesiae anglicanae co●…ligi demandemus et sciatis , quod nisi hoc mandatum nostrum cum summa celeritate fueritis executi , quantumcunque libertates ecclesiae tueri totis viribus nostris intendimus , omittere non possumus nec debemus , quin pro securitate regni nostri ejusque defensione et communi utilitate , dictam decimam per ballivos nostros levari faciamus . t. rege apud cantuar. . die septembris . * rex vic. linc. salutem . quia magister ordinis de sempl●…gham satisfecit nobis de subsidio nobis praestando ad defensionē regni nostri contra hostiū adventum alienigenarū in regnū praedictū . tibi praecipimus quod districtionem quam fac . in terris et tenementis ipsius magistri in balliva tua occasione praedicta penitus relaxes , donec ali id inde tibi praeceperimus . t. rege apud cantuar. die octobr. had the commons , knights , citizens and burgesses been present in , or parties to the ayds , or ordinances , mentiond in these writs of h. . it is very probable w●… should have found som footste ●…s or hints of it in them ; but their silence herin , & frequent mention only of the prelates , lords and barons , concludes , they were not summoned to this parliamentary council . if any object , that the knights and others who held of the king by knight service , were summoned to appear with their horses , 〈◊〉 and service in the kings presence at oxford , as well as the archbishops , bishops , abbots priors , farls and barons , and that to assist him in his present necessity as well with their counsel as arms : therefore it is probable they were summoned to this parliamentarie council , as well as the spiritual and temporal lords , as these writs import . claus . h. . m. . dorso . rex reginaldo silio petri. vic. suthampt. salutem . cum nuper propter salvationem regni nostri , ac etiam propter guerram in eodem regno jam subortum , summoneri fecissemus archiepiscopos , episcopos , abbates , priores , comites , barones , milites & alios qui servicium nobis debent , ut essent ad nos apud oxon ad mediam quadriges . prox . praeteritam , cum equis & armis , & toto servicio suo nobis debito , in hujusmodi necessitatis articulo consilium & auxilium essicax super praemissis impensuri : ac quidam ex eis servicium suum nobis debitum ad mandatum nostrum facere noluerint ; propter quod de baronum consilio & magnatum nobiscum existentium provisum est , quod baroniae , terrae & tenementa eorum qui de nobis tenent in capite , & qui nobis serviciū suum nobis debitum juxta mandatum nostrum facere noluerunt , capiantur in manum nostram , donec tam de dicto servicio quam de hujusmodi transgressione nobis satisfecerint . vobis mandamus sirmiter injungentes , quod baronias ven. patris s winton episcopi , & abbatis de abindon , qui servicium suum nobis debitum ad mandatum nostrum facere noluerunt , capias in manum nostram ; & catalla sua cum bonis & catallis in ipsis inventis , sine distractione seu dilapidatione aliqua inde facienda salvo custodiri facias ; ita quod de bonis & catallis ipsis , vel ●…e precio eorundem , & de exitibus baroniarum praedictarum nobis sufficienter respondeas donec aliud inde praeceperimus . t. rege , apud oxon. die aprilis . eodem modo mandatum est ade de grennuill , vic. norht . quod capiat in manum rs. baronias episcopi elien & abbatis de ramisey . eodem modo mand . est . vic. notingh . & derb. quod capiat in manum rs. baronias archepiscop . ebor. & episcopi linc. which writs were accordingly executed by some of these sheriffs , even beyond the kings instructions , as is evident by this writ to the sheriff of yorkshire , upon the archbishop of yorks complaint . cl. . h. . m. . dorso , rex roberto de nevil , vic. ebor. salutem , cum baronias quorundum praelatorum regni nostri nuper ceperimus in manum nostram eo quod servicia sua nobis debita , nobis minimè fecerunt ad mandatum nostrum ; ac vobis mandaverimus , quod baroniam ven. patris g. ebor. archiepiscopi caperetis in manum nostram , pro eo quod servicium suum nobis tempore competenti non exhibuit , & quod eam salvo , & absque destructione aliqua bonorum ejusdem baroniae custodiri faceretis ; vos , ut accepimus , bonorum illorum dissipationem non modicam fieri permittitis ad gravissimum dampnum archiepiscopi sic praedicti , super quo , nec immerito , movemur . verum quia demandam nostram servicii dicti archiepiscopi jam in suspenso posuimus ad tempus , vobis mandamus , quatenus baroniam suam cum omnibus inde perceptis à tempore captionis ejusdem in manum nostram sine dilatione restituatis eidem . quià etiam datum est nobis intelligi , quod milites & servientes archiepiscopi praedicti versus nos nuper venientes cum equis & armativis ad faciend . nobis servicium praedictum per viam arestavistis , & quosdam ex eis adhuc in carcere detenetis , & à quibusdam eorum graves redemptiones cepistis , quod grave gerimus & indignemus ; vobis firmiter injungimus , quatinus dictos incarceratos sine mora deliberetis , & tam eis quam aliis , à quibus redemptiones cepistis , omnia per vos aut vestros sibi ablata plenarie restitui faciatis . ne super hoc oporteat nos gravius sollicitari propter quod ad vos graviter capere debeamus . t. rege apud sutton die maii. i answer , . that these were writs of summons not to a parliament , but camp , cum equis & armis , &c. as the writs recite . . that the counsil mentioned in it was onely military , not parliamentary , as the aid and assistance with horses , arms , and military services , coupled with it , resolve ; and the recital in the writs , ac etiam propter guerram in eodem regno jam subortam , &c. . it is most apparent , by the ensuing clause : propter quod de baronum consilio & magnatum nobiscum existentium provisum est , &c. that the baronies of these bishops and others , who refused to do their services should be seised into the kings hands : that the barons and great men onely who were then present with the king at oxford ; did counsel and advise him , as members of his military , and parliamentary council , notthe knights and others of inferiour condition , holding of him by knight service , who then assisted him onely with their horses , arms , and military services . these knights and others then summoned to oxford , were no knights , citizens or burgesses elected by the people and kings writs to serve in any parliament then held at oxford ; but onely such who held lands of the king by knight service , which they were then summoned actually to perform , as his tenants , for his defence in the wars against foreign and domestick enemies ; as the writs resolve . . the writs of summons to the parliamentary council held this year , mentioned in the forecited writs , were different in form , date , * time , place , from the objected writs ; and in the manner of appearing : the one summoning them to appear at oxford , cum equis & armis , &c. the other to appear at london sine armis , consilium vestrum impensuri , &c. therefore there being no mention of any knights and others of inferiour condition summoned together with the barons and nobles to appear at london in the parliamentary council there held , as there is in the other writs of summons to the kings camp and armie . it is a most clear convincing argument , that in h. . there were no knights , citizens , or burgesses summoned to the parliament , but onely the spiritual and temporal lords and barons . now because i meet with some other memorable writs , which may seem in some mens judgment to prove that there were knights , citizens , burgesses and commons summoned to parliaments or councils before h. . i shall present you with them in order , with my answers to and observations on them . the first and ancientest of them is this notable writ of proclamation , much insisted on , and imperfectly cited by mr. william lambard , ( an eminent antiquarie of lincolns inne ) in his archaion . p. , , . which i have faithfully transcribed out of the patent roll it self . pat. johan . rs. m. . dorso , as a raritie not formerly printed . rex , &c. vic. roteland , &c. scias , quod provisum est communi assensu archiepiscoporum , episcoporum , comitum . baronum , & omnium fidelium nostrorum angliae , quod novem milites per totam angliam invenient decimum militem benè paratum equis & armis , ad defensionem regni nostri ; & quod illi novem milites inveniant decimo militi qualibet die ij . sol : ad liberationem suam et ideo tibi praecipimus , quod sicut teipsum & omnia tua diligis , provideas , quod decem milites de balliva tua sint apud london à die pasche in tres septimanas , bene parati equis & armis , cum liberationibus suis , sicut praedictum est , parati ire in servicium nostrum quo praeceperimus , & existere in servicio nostro ad defensionem regni nostri quantum opus suerit . provisum est etiam , quod si alienigenae in terram nostram venerint , omnes unanimiter eis occurrant cum fortia & armis sine aliqua occasione & dilatione , audit is rumoribus de eorum adventu . et si quis miles , vel serviens , vel alius terram tenens * conventus suerit , qui se inde retraxerit , dummodo tanta non fuerit gravatus infirmitate quod illuc venire non possit , ipse & haeredes sui imperpetuum exheredantur , dabuntur , & feodum suum remanebit domino fundi , ad faciend . inde voluntatem suam ; ita quod exhaeredatus vel haeredes sui nunquam inde aliquam habeant recuperationem . si quis vero , milites servientes vel alii qui terram non habent , inventi fuerint qui se similiter retraxerint , ipsi & haeredes sui serbi fient imperpetuum , reddendo singulis annis iiij . d. de capitibus suis ; nec pro paupertate omittant ad praedictum negotium venire , cum illud audierint ; quare ex quo ad exercitum venerint , providebitur unde sufficienter in servicio nostro poterant sustentare . si vero vic. vel ball. vel praepositus illos quise retraxerint nobis per breve , vel per scriptum , vel viva voce non ostenderint ; dict . vic. vel ballivus , vel praepositus remanebit in misericordia nostra de vita & membris . et ideo tibi praecipimus , quod sub sestinatione proclamari facias in foris per totam ballivam tuam , & in mercatis & nundinis , & alibi , & ita te de negotio illo faciendo intromittas , quod ad te , pro defectu tui , capere non debeamus . et tu ipse sis apud london ad praefatum terminum , vel aliquem discretum ex parte tua mittas , & facias tunc nobis sciret nomina decimorum militum . et habeas ibi hoc breve . teste meipso apud wint. die aprilis . sed nota ; vic. eborum , northumberland , cumberland , westmerland , scribitur in eadem forma , hoc adjecto , quod rob. fil . rog. & const. cestr. retineat de militibus praedictis quos judicat expedire necessario ad defenfionem partium suarum . haee brevia liberata sunt subscriptis . eborum , per ric. anglicum , clericum rob. fil . rog. northumbr . westmerl . cumberl . bucks . & bedf. per spaine . norf. & suff. essex & herif. cantebr . & hunt. oxon. berks. northt . glouc. rad. de chumbras . honor. de glouc. worcester . hereford . leic. & warwic . salop. & staff. lancastr . wiltes per laurentium . somerset & dorset devon. cornub. sutht . linc. per rog : bastard hominē senescalli . roteland not & derb. kent per thom fil . nigell . clericum willielmi de wroth. surr. midds . sussex . from the prologue of this proclamation : provisum est communi assensu archiepiscoporum , episcoporum , comitum , baronum , et omnium fidelium nostrorum angliae : a mr. lambard inferrs , that the commonaltie of the realm , both at this time , and long before , were summoned to our great councils and parliaments , and present in , assenting to whatever was ordained in them , as well as the spiritual and temporal lords ; this being in truth the probablest evidence and authority he produceth to prove this assertion . but under his correction , i aver first , neither this rectal , nor any other testimonie alleged by him , doth clearly evidence , that these omnes fideles nostri angliae were knights , citizens & burgesses , or commons of the realm chosen by the people by virtue of the kings writs , and sent by them to parliaments and great councils in that or former ages , as knights , citizens and burgesses have been of later times , no histories , nor records making express mention of any such writs or elections of such knights , citizens , burgesses of parliament , before h. . ly . the writ of summons extant in the b clause roll of . johan . regis , dors . . this very year , to the parliamentary council at london , ( wherein this provision for defence of the kingdom against forein enemies , was made as i conjecture , ) makes mention only of magnatum terrae nostrae , quos ad diem illum et locum fecimus convocari : not of any commons , knights of shires , citizens or burgesses summoned to it . ly . c matthew paris , and d mat. westminster , who inform us of another parliamentary council held under king john at oxford this very year , express it thus . deinde in crastino circumcisionis convenerunt ad colloquium ( the word parliamentum not being then in use ) apud oxon. rex et magnates angliae : ubi concessa sunt regi auxilia militaria . de quolibet scuto duae marcae et dimidia . nec etiam episcopi et abbates , sive ecclesiae personae , sine promissione recesserunt ; without mentioning any knights , citizens , commons or burgesses present at this council , or parties to this grant . wherefore , if the ordinance mentioned in this writ , was made at oxford , these omnium fidelium nostrorum angliae ( as i conceiue ) cannot properly be meant of them , but of the abbots , priors , * kings counsil , or those omnes alios qui de capite tenent de nobis , who were not majores barones regni , mentioned in the e great charter of king john , some few years after , in this memorable clause which best explains this in the proclamation : ad habendum commune consiltum regni de auxiliis assidendis , submoneri faciemus archiepiscopos , episcopos , abbates , comites & majores barones sigillatim per literas nostras : et praeterea faoiemus in generali per vicecomites & ballivos nostros , omnes alios qui de capite tenent de nobis ad certum diem , scilicet ad terminū quadraginta dierum ad minimum , et ad certum locum ; in omnibus literis summonitionis illius causam submonitionis illius exponemus : which was accordingly expressed in the writ of summons johannis , and in all writs of like nature since this great charter , extant in our records . ly . the very contents of the provision mentioned in this proclamation ; quod novem milites ( to wit , those who held lands by a knights fee , and knight-service ) per totam angliam invenient decimum militem bene paratum equis et armis , &c. compared with clause h. . m. , , , . prove these lesser barons and tenants of the king to be the persons intended in this clause ( not any elected knights , citizens and burgesses , ) who were either summoned in general to this council , and consented to this provision therein when passed ; or else assented thereto after the lords and great men had passed and communicated it to them in the countrie . ly . though this provision and proclamation doe not clearly prove the summons of any elected knights , citizens and burgesses to this parliamentary council ; yet they are a clear euidence ; that ordinances for raising men , forces , taxes , and impositions for the ne●…ie defence of the king and realm against forein enemies , with forfeitures of lands , & other severe penalties for defaults therein , cannot , nor may not be made nor imposed on the freeholders or subjects of england , by the king or his counsil , but onely by the common consent , grant and provision of the spiritual and temporal lords , great men , and other lieges of the king , assembled in a parliamentary council ; since the provisions and penalties mentioned in this proclamation were all made by their common consent , and that upon this occasion . king f john in the year . passing out of england into normandy with a great army , giving himself over to luxurie , sleep and carelesness , suffered the king of france to take many towns and castles from him , without the least resistance . being frequently informed thereof by complaints from all parts , he gave no other answer but this to the complainants ; suffer him to do what he pleaseth , i will one day recover whatever he now violently surpriseth . hereupon comites et barones , et alii de regno angliae nobiles , , qui ei eatenus fideliter adbaeserant talia audientes , ejusque desidiam incorrigibilem intelligentes , impetrata licentia quasi illico reversuri , remearunt ad propria ; returning no more , but leaving the king in normandie with very few soldiers ; upon which he returning into england , the king of france came before most of king johns castles and towns there , and perswaded them to submit themselves to him as their chief lord , seeing king john their immediate lord had quite deserted them : who accordingly submitted . king iohn upon this occasion raising a puissant army , intended to cross the sea with them to regain his lost townes and castles from the french ; whereupon by the common assent of his spiritual and temporal lords and lieges assembled in a parliamentary council , he made the precedent provisions & proclamation for the defence of the realm of england in case the french or any forein enemies should invade it during his absence : after which anno . he took ship at portsmouth against the prohibition of the archbishop of canterbury , and many other of his nobles , who refusing to follow him , he was inforced to return after he had continued at sea two dayes . reversus autem rex coepit de comitibus , baronibus , militibus , et viris religiosis , pecuniam infinitam , occasiones praetendens , quod noluerunt eum sequi in partes transmarinas , ut haereditatem amissam recuperet . and so much touching the contents , occasion , issue of these provisions and proclamation . the . writ is that of rot. claus. anno . johannis regis , pars . m. . dorso , which i have examined by the record . rex vicecomiti oxon. salutem . praecipimus tibi quod omnes milites , ballivae tuae qui summoniti fuerunt esse apud oxoniam ad nos à die omnium sanctorum in quindecim dies , venire facias cum armis suis : corpora vero baronum sine * armis singulariter , et iv. discretos milites de comitatu tuo , illuc venire facias ad nos ad eundem terminum , ad loquendum nobiscum de negotiis regni nostri . teste meipso apud witten . die novembr . eodem modo scribitur omnibus vicecomitibus . this unusual form of writ , ( the later part whereof sounds like a kinde of summons of knights out of every county to a parliament at oxford ) hath much perplexed many * learned men , who knew not well what to determin thereof , being without parallel . but under correction of others , i conceive it rather a summons to a military camp of warr , than to a parliament or parliamentary council at oxford ; and these quatuor discretos milites out of every county , were not summoned as knights of the shire to a parliament then held , but rather as inquisitors or grand-jury-men , upon a special occasion ; thus related by h matthew paris , which in my apprehension will very satisfactorily explain this obscure writ . king iohn being both injuriously excommunicated , deposed from his throne , his whole kingdom , interdicted & given by the pope to the french king who thereupon prepared a great army and navy to possess himself therof ; he did upon this occasion , to resist the french , and defend his crown and kingdom against their intended invasion , by two several writs , ( recorded at large in this historian ) summon all the ships of england able to carry six horses to meet together at portsmouth , well furnished with victuals and mariners to resist these enemies by sea ; and all earls , barons , knights , freehold tenants and others who were bound by tenure , or able of bodie to bear arms , to meet him at dover , to withstand them by land. after which , having reconciled himself to the pope by resigning his kingdom of england and ireland to , and retaking them from him under an yearly tribute , he was by the popes legate absolved from his excommunication , and the kingdom from its long-continued interdict , at winchester ; swearing upon the holy evangelists in this his absolution ; quod sanctam ecclesiam , ejusque ordinatos diligeret , defenderet , et manuteneret contra omnes adversarios pro posse suo . quodque bonas leges antecessorum suorum , & praecipue leges edwardi regis revocaret , et iniquas destrueret , et omnes homines suos secundum justa curiae suae judicia ; judicaret , quodque singulis redderet jura sua . juravit etiam , quod omnibus ad interdicti negotium pertingentibus , inter proximum pascha plenariam restitutionem faceret obtatorum , &c. in pursuance whereof , in crastino misit rex literas ad omnes vicecomites regni angliae , ut de singulis dominicorum suorum villis : quatuor legales homines cum praeposito , apud sanctum albanum , pridie nonas augusti fecerent conv●…nire , ut per illos , et alios ministros suos de damnis singulorum episcoporum , ut ablatis certitudinem inquireret , et quid singulis deberetur . dum haec agerentur , interfuerunt concilio apud sanctum albanum , galfridus filius petri , et episcopus winton . cum archiepiscopo , et episcopis et magnatibus regni . ubi cunctis pace regis denunciata , ex ejusdem regis parte firmiter praeceptum est ; quatenus leges henrici avi sui ab omnibus in regno suo custodirentur , et omnes leges iniquae penitus enerventur . denunciatum est praeterea vicecomitibus , forestariis , aliisque ministris regis , sicut vitam et membra sua diligunt , ne à quoquam aliquid violenter extorquerent , vel alicui injuriam irrogare praesumant , aut scotalla alicubi in regno faciant , sicut facere consueverant . after which , rex verò johannis cum se à quibusdam magnatibus ( who deserted him in poytiers ) quasi derelictum cognovisset , magnum congregabit exercitum ut rebelles ad consuetum obsequium revocaret . cumque arma movere incepisset , venit ad eum archiepiscopus apud northamtonam , dicens , plurimum in injuriam sui sacramenti , quod in absolutione sua praestiterat , redundare , si absque iudicio curiae suae contra quempiam bella moveret . quod audiens rex , cum ingenti strepitu dixit , se regni negocia propter episcopum non differre , cum laica judicia ad ipsum non pertineant . in crastino autem summo diluculo iter furibundus arripiens versus notingham properavit . secutus est quoque regem archiepiscopus memoratus , constanter affirmans , quod nisi ab inceptis celerius desisterit , omnes qui versus quempiam ante relaxationem interdicti hostiliter arma gesserunt , praeter ipsum solum , anathematis vinculo innodaret . sicque ab inceptis regem revocans archiepiscopus , non prius abe , recessit donec diem conipetentem ad curiam regis veniendi , et ibidem iuri parendi baronibus impetrasset . the . of september following , the archbishop , bishops , abbots , priors and barons of the realm assembling together at pauls , the archbishop calling some of the barons to him apart from the rest , secretly acquainted them with the kings forecited oath taken at his absolution , and produced before them the charter of liberties granted by king henry the first ; by which they might , if they would , reduce their long lost liberties to their pristine estate : at which the barons greatly rejoycing , juraverunt omnes in praesentia archiepiscopi , quod viso tempore congruo , pro hiis libertatibus , si necesse fuerit , decertabunt usque ad mortem . archiepiscopus autem promisit eis fidelissimum auxilium suum pro posse suo ; et sic confoederatione facta inter eos , colloquium solutum est . the king hereupon ( as i conjecture ) issued out the precedent writ the . of november following , ( whereon it bears date ) to all the sheriffs of england , consisting of . distinct parts , sutable to that time and occasion . the first is , to new summon omnes milites , all who held of him by knight-service , with those souldiers ( not knights , or knights of shires , ) in their respective bailiwicks , they had formerly summoned ( by some such writ as this ) to repair to oxford , to come to the kings person ( ad nos ) without naming any certain place , daies after all souls day ; cum armis ; with their arms ; ( the * usual form and clause in precedent and subsequent writs of summons of an army and forces to aid the king , not to a parliament , or great council of state ) and that to defend and assist him ; against the precedent confederacy of the archbishop , bishops , abbots , priors and barons , then newly entred into at london ; against whom he had raised a great army ( by like writs ) but a few moneth●… before , to reduce these rebels to obedience : which armie the archbishop caused him to dissolve , as matthew paris relates . the . clause is , corpora vero baronum singulariter sine armis ; to summon and bring to the king the bodies of the barons in their respective counties apart one from another , without arms , ( as in the said writ ) not two or more of them together , with their arms and armed attendants , to prevent all dangers , tumults , insurrections and intended rebellions , if they should come armed to his court ; being now thus summoned to appear before him , not to treat and advise with him , and the rest of the prelates , earls and nobles , of any urgent affairs concerning the king or realm , ( of which there is no mention at all in this writ in relation to the barons , as there is in all writs of summons to parliaments or great councils issued to them , extant in our records ; ) but rather , according to the archbishops engagement to the king at nottingham a little before this writ , to submit themselves to the iustice of his court and a legal trial concerning the crimes he should there object against them , upon their appearance on the day prefixed in the writ , the same i conceive , the king and archbishop had formerly agreed upon at notingham . and that this was the reason why they were to appear without armour , is evident ; by the like summons hertofore to i earl godwin and his sons to appear in the kings court , to answer the kings charge against them , attended only with 〈◊〉 men , without any force or arms : by the subsequent statutes of e. . rastal , armour ; & e. . c , . expresly resolving , that in all assemblies which should be made within the realm of england for ever , every man should come without all force and armour , well and peaceably : and that no man , great or small , of whatsoever condition he be , except the kings servants in his presence , and his ministers and their assistants in executing his precepts , or their office ; or upon a cry made for arms to keep the peace , in such places where such acts happen , should be so hardy to come before the king or his iustices , or other his ministers doing their office with force and arms , nor bring no force in ●…ffray of peace . which was but the * antient common and statute law of england . the . clause of the writ , which only hath some resemblance of a writ of summons ; is to summon not two , but quatuor discretos milites de comitatu tuo ; being more than we read summoned in succeeding rolls out of every county . as knights of shires to our parliament ; and those not to come to any parliament or great council , at any certain place , of which there is no mention at all in this writ , but ad nos , to the king himself , at the time there specified ; and that only , ad loquendum nobiscum de negotiis regni nostri ; not , ad tractandum nobiscum , et cum praelatis , proceribus , or magnatibus , or aliis , or caeteris fidelibus regni nostri , de arduis et urgentissimis negotiis , nos et statum regni nostri contingentibus ; or , ad faciendum et consentiendum hiis , quae tunc & ibidem de communi consilio regni nostri , deo propitio , contigerit ordinari ; the usual clauses in all writs of summons of barons , or knights of counties to parliaments and great parliamentary councils ; therefore certainly this writ was no summons of knights of shires to a parliament or great council ; the rather , because there is no clause in it for electing these . knights ; nor yet of any citizens or burgesses , as is usual in the writs for electing knights of counties , and because no writs of summons ever prescribed the summons of barous and knights together like this : upon all which considerations , i conceive , this ad loquendum nobiscum de negotiis regni nostri , for which these . knights were summoned ; was the very same , or the like business for which matthew paris relates the king some few moneths before , sent letters to the sherifs of every county throughout england , to cause quatuor legales homines ( the same with those this writ stiles , quatuor discretos milites ) out of every of their counties , to come to st. albanes the . of august following , to inquire of and inform the king , what dammages and losses any of the bishops had sustained by the king , and his officers , during the interdict and their banishments , and what was due to every one of them ; that so he might satisfie them according to his premised oath ; as chart. iohann . regis m. . n. . the next year after this , compared with pat. iohan. regis nu . . de interdicto relaxando , &c. clearly intimate , if not resolve . this i am fully perswaded , was the true scope , nature and intention of this writ ; which hath puzled so many , and none else have hitherto fully or truly explained : which i humbly submit to the readers consideration . the . writ i have found in our records , touching the election of any knights of counties to a parliamentary council before h. . is this of claus. h. . m. . & . dorso , ( not mentioned in any treatises of our parliaments , or collection of parliamentary writs of summons i have seen ) transcribed with my own hand out of the roll it self , as worthy observation . rex vic. bed. et berks salutem . cum comites & barones , & caeteri magnates regni nostri nobis firmiter promiserunt , quod erunt london à die pasche prox . futur . in tres septimanas cum equis et armis , parati et benè muniti ad tendendum sine ulla dilatione versus portesmouth , ad transfretand . ad nos in vasconiam contra regem castell . qui terram nostram vasconiae in manuforti in aestate prox . futura hostiliter est ingressurus . et tibi mandavimus , quod omnes ill●…s de balliva tua , qui tenent librat . terrae de nobis in capite , vel de aliis qui sunt infra aetatem , et in custodia nostra , ad idem distringas ; tibi districtè praecipimus , quod praeter omnes praedictos venire faciatis coram consilio nostro , apud westmon : in quindena paschae prox . futur . ouatuor legales et discretos milites de comitatibus praedictis , quos iidem comitatus ad hoc eligerint vice omnium et singulorum eorundem ; videlicet , duos de uno comitatu , et duos de alio , ad providendum una cum militibus aliorum comitatuum , quos ad eundem diem vocari fecimus , quale auxilium nobis in tanta necessitate impendere voluerint . et tu ipse militibus et aliis de comitatu praedicto necessitatem nostram , et tam urgens negotium nostrum diligenter exponas , et ad competens auxilium nobis ad praesens impendend . efficaciter inducas . ita quod praefati ouatuor milites praefato consilio nostro ad praedictum terminum pasche respondere possint super praedicto auxilio pro singulis com praedictorum . firmiter etiam tibi praecipimus , quod omnia debita quae nobis aretro sunt in balliva tua et solvi debuerint ad scaccarium nostrum ante pasch. jam instans , vel solvi debent ad scace . ejusdem pasche , habeas ad idem scac. in quindena praedict . pasche . scientes , quod nisi praedicta debita tunc ibidem babueris , non solum corpus tuum arrestari faciemus , set debita illa de terris et tenementis ( tuis ) levari faciemus ad dampnum tuum non modicum . teste a. regina , et c. com. cornub . apud windesore xi . die febr. consimilia brevia diriguntur omnibus vicecomitibus angliae . these writs , though at first view they look like writs for electing knights of shires to a parliamentary council , yet in truth they are no such writs , but onely command the sheriffs to cause two knights to be elected in every county by the counties themselves , in their steads to appear before the kings counsel ( not parl. ) at westminster on quindena pasche following , to inform the counsel , what voluntary ayde each particular county would grant the king in his great necessity , towards the defence of gascoigne against the intended invasion of the king of castell . which nece●…ity and business , the sheriffs themselves were commanded diligently to declare to the elected knights and others of the county , and effectually to induce them to grant the king a present competent ayde ; so as the knights of each county might answer , upon their appearance before the kings counsil at the day prefixed , what they would doe concerning this ayde thus required of them . this appears . by that very clause of these writs , which is most pertinent ; which requires not the sheriffs to elect two knights to come to any great council or parliament , there to advise and consult together touching the granting of a subsidie or ayde to the king , but only ly . by the very prologue of the writ , which recites , that the earls , barons , and the rest of the great men of the realm had firmly promised the king to be at london . weeks after easter with their horses and arms : not to hold a parliament or great council , but to march from thence to portsmouth without any delay , and to cross the seas to the king in gascoigne , to ayd him against the king of castell : and that he should distrain all who held l. lands a year of the king in capite , or of any of his wards within their respective counties , to accompany the lords and great men in this expedition . and thereupon it requires a voluntarie ayde of the rest of the freeholders and inhabitants in each county towards this expedition , in manner aforsaid , for which end they were to elect knights in each county to appear before the kings privy counsil , not the earls , barons , and other great men of the realm , dayes after easter , a week before the nobles and great men appointed to meet . ly . by the whole frame of the writ , differing much from the writs of summons here ensuing ; and commanding the sherifs to levy and pay in all the kings debts under strictest penalties into his exchequer by a certain day , which no other writ of summons to parliament doth . ly . by comparing it with a like writ to both the archbishops , and all bishops of engl. ( forecited , part . p. , . ) to summon all their chapters , archdeacons , clergy , and other religious persons before them in their respective diocesses , and to excite them to a free and liberal contribution of an ayde to the king upon the same necessity and occasion ; whereof they were to certifie the kings counsil by certain discreet men ●…hosen by them , at the same time as the knights of counties were , both which writs are entred together in the same membrana , differ but two dayes in their date , and fully explain each other . ly , by parallelling it with this writ in claus. h. . m. . dorso . rex vic. sussex salutem . scias quod archiepiscopi , episcopi , abbates , priores , comites , barones , & omnes alii de regno nostro angliae qui de nobis tenent in capite , spontanea voluntate sua et sine consuetudine concesserunt nobis efficax auxilium , ad magna negotia nostra expedienda : unde provisum est de constlio illorum , quod habeant de singulis feodis militum ward . quae de nobis tenent in capite duas marcas , ad praedictum auxilium nobis faciendum , et unde providerint reddere nobis unam medietatem ante festum sancti michaelis , anno regni nostri . & aliam medietatem ad pasch. anno regni nostri . ideo tibi praecipimus , quod ad mandatum venerabilis patris r. cicestr . episcopi cancellarii nostri sine dilatione distringas omnes milites et liberè tenentes qui de eo tenent per servicium militare , in balliva tua , ad reddendum ei de singulis feodis & wardis duas marcas , ad praedictum auxilium nobis per manum suam reddendum in terminis praedictis . sic scribitur pro aliis episcopis , abbatibus , prioribus , et magnatibus ; to the number of . and dors . . of the former roll , there is the like writ for other temporal barons . by which it is apparent , that in this kings reign , as well as in succeeding ages , all publike aydes granted in parliamentarie councils , were granted by the common consent of the archbishops , bishops , abbots , priors , earls , barons , and others who held of the king in capite ; by act of parliament , according to the forecited clause of the great charter of king john , and the subsequent statutes of e. . c. , . de tallagio non concedendo , e. . c. . & stat. . c. . the petition of right , caroli , and other acts ; therefore this ayde which these knights were chosen and summoned to grant for their respective counties , without the archbishops , bishops , abbots , priors , earls , barons and great men of the realm , or without any citizens or burgesses summoned together with them , was doubtless no parliamentary ayde , but a voluntarie free contribution of their own , without common consent in parliament ; and so this writ no writ of summons or election to a parliament , though not impertinent to my theam , and worthy observation . the th sort of writs i have found in my search which have any analogie to a summons of knights to a parliamentary council , is this memorable writ of claus. h. ●…m . dorso , not taken notice of by others . rex vic. norff. & suff. salutem . cum ex parte episcopi wigorn , comitem leic. et glouo . ac quorundam aliorum procerum regni nostri , vocati sunt tres milites de singulis comitatibus nostris , quod sint coram ipsis ad sanctum albanum in instanti festo sancti matthaei apostoll , secum tractaturi super communibus negotiis regni nostri . et nos & praedicti proceres nostri in eundem diem apud windesore convenimus ad tractandum de pace inter nos et ipsos . tibi praecipimus quod illis militlbus de balliva tua qui vocati sunt coram ets ad diem praedictum , firmiter * injungentes ex parte nostra ; ut omni occasione postposita , ad nos die praedicto veniant apud windesore , et eis etiam districte inhibeas , ne dicto die , alibi quam ad nos accedant ; sed eos modis omnibus venire fac . coram nobis ad diem praedict . nobiscum super praemissis colloquium habituros , ut ipsi per effectum operis videant et intelligant , quod nihil attemptare proponimus , nisi quod honori atque utilitati regni nostri ( tendere ) noverimus , querere . t. rege apud windesor . xi . die septemb. eodem modo mandatum est singulis vicomitibus citra trentam . our k historians relate , that a little before this writ , there fell out a great difference between king henry and his barons , concerning the provisions made at oxford , and his oath for their observation , from which he held himself absolved , because it was compulsory : the king and his partie objected against the barons , ( who pretended the profit of the realm ) that they sought only their own bonor and gain , contrary to their pretences and decrees : they on the other side spread abroad rumors among the people , that the king intended to introduce forein forces and impose taxes at his pleasure , &c. to the subversion of the state of the realm , and oppression of the people ; which the king by his proclamations protested against as false and scandalous , to undeceive his seduced subjects , whose affections and assistance the barons by these false suggestions endeavoured to alienate from him , as claus. h. . pars . d. . and claus. h . d. . pat. h. . d. . record , whiles the king and barons thus banded against each other , it appears by this writ , the barons summoned . knights out of every connty to come before them at st. albans , on st. matthews day , to treat with them concerning the common affairs of the realm : but whether these . knights were elected by the inhabitants of each county , or such only as the barons themselves nominated , ( which is most probable ) appears not certainly by the writ , of which our histories make no mention . the king being informed hereof , to prevent this intended assembly at st. albans by his writs commands these lords and barons to repair to him at windsore the self-sameday on which they appointed these knights to meet them , to treat of a peace between him and them ; and by this writ commanded this and all other sheriffs on this side trent , to whom like writs were sent , to summon those very knights the barons had called to st. albans , to appear before him the same day at windesore , strictly prohibiting them to appear that day at any other place than before himself ; and to cause them by all possible means then to come before him , to conferr with him about the premises , ( to wit , the peace and reconciliation between him and the barons ) that so thèy might by the effect of that treaty both see and understand , that he purposed to attempt or seek nothing , but what he knew was for the honor and profit of his realnt . so as these writs in reality , were no proper legal summons of any knights of shires to a parliament , or great council , but rather an inhibition to divert them from confederating and meeting with the barons , by summoning them all at the same time to appear before the king at windsore , to be witnesses of his fair proceedings and publike intentions in the treatie of peace then intended between him and his barons . and that which further clears it , is somwhat a like writ in the same roll to the barons and bailiffs of sandwich about . weeks after the precedent writ : which for its raritie i shall here insert . l rex baronibus et ballivis suis de sandwic . salutem cum vos et progenitores vestri , nobis et progenitoribus nostris et coronae nostrae semper extitistis prompti et fideles , & jam per quosdam nobis adversarios protenus sicut audivimus , quod hac die quindena post festum s. michaelis , sub specie reformandae pacis . inter vos et barones nostros de wincheles , apud bradhull convenire debeatis , ubi in dampnum nostrum colligationes requirere , et eos quos poterint à nostra fidelitate avertere proponunt . vobis mandamus sub debito fidelitatis et dilectionis quibus nobis tenemini specialiter injungentes , ne ibi aliquo modo accedatis , aut animos vestros eorum suggestionibus aliquo modo inclinetis , et super contentionibus inter vos et dictos barones nostros de wincheles subortis , in pace vos habeatis usque ad festum nativitatis domini , ut tunc ad vos custodem portuum nostrorum , aut aliquem alium fidelem et discretum mittamus ad pacem illam prout melius et commodius fieri poterit , inter vos et ipsos reformandā ; nos enim praedictis baronibus nostris de wincheles , hoc ipsum injunximus per literas nostras . et quia intelleximus , quod quidam extranei contra nos ingressi sunt regnum nostrum , quorum quidam inter sandwic . & dover . quidam autem inter heth & fullesham , et quidam apud shorham nuper applicuerunt , et insuper quidam in partibus flandriae se parant ad ingrediendum modo consimili regnum nostrum , omnimodam diligentiam quam poteritis inhibeatis ad custodiend . et prohibend . ne aliqui extranei regnum praedictū modo praedicto ingrediantur , prout etiam alias dedimus vobis in mandatis . attendetis enim et fidelitatem et devotionem quam semper erga nos habuistis , et quas pro custodia maris ( quae vobis et caeteris portubus nostris specialiter incumbit ) et honores et libertates prae aliis et regno nostro adepti estis , quas speciali praerogativa semper intendimus et volumus conservare . t●…ste rege apud sanctum paulum london . die octobris . eodem modo mandatum est baronibus et ballivo de wincbeles . the very first record i have yet found , wherein there is express mention made of any writs to sherifs or others , to send any knights , citizens , burgesses and barons of the ports to parliament , is cl. h. . d. . cedula . where after the * forecited writs to the bishops of durham & norwich , and the eodem modo mandatum est , to the bishops , abbots , priors , deans , earls , lords and barons , there follows this entry in the record , m item mandatum est singulis vicecom . per angl. quod venire faciant duos milites de legalioribus , probioribus et discretioribus militibus singulorum comitatuum ad regem london ; in octab. praedict in forma praedicta . item in forma praedicta scribitur civibus eborum , civibus lincoln , et caeteris burgis angl quod mittant in forma praedicta duos de discretioribus , legalioribus et probioribus tam cibibus quam burgenlibus suis. item in forma praedicta mandatum est baronibus & probis hominibus quinque portuum prout continetur in brevi inrotulato inferius . it seems by this writ , that the writs then issued to these knights , citizens and burgesses , were the same in form and substance with those to the spiritual and temporal lords , with little or no variation . but not one of them is particularly registred except the writ to the cinqueports varying in some clauses from the writs to the lords . that i shall principally observe from this entry , is , first , that there were only two knights , citizens , burgesses , barons of ports , and no more , to be sent out of every county , city , borough and port. ly . that these were to be duly qualified as these writs prescribed ; to wit , two of the more or most legal , honest and discreet knights , citizens , burgesses , barons , in every county , city , burrough and cinque-port . ly . that it appears not by this entry whether the counties themselves , or the sheriffs alone , were to elect and make choice of these knights . ly . that the writs for electing citizens and burgesses were directed immediately to the citizens and burgesses themselves , not to the sheriffs of the counties , wherein they were situated , nor to their mayors , sheriffs , or chief officers , as in succeeding ages . ly . that no writ issued to the citizens of london , their m liberties being then seiseà by the king , many of them imprisoned and their estates confiscated for siding with the barons against the king ; and that york and lincoln are the only cities mentioned particularly in the roll. it is evident by these clauses in the prologues to the printed statutes of marleborough , anno h. . the more discreet men of the realm being called together , as well of the higher , as of the lower estate , &c. of westm. . anno e. . these be the acts of king edward , &c. made at westminster , at his first parliament general after his coronation by his counsil , and by the assent of archbishops , bishops , abbots , priors , earls , barons , and all the commonaltie of the realm being thither summoned , &c. that writs of summons issued to all these respectively in these two parliaments and others succeding them ; but yet i find no writs of summons or elections to ●…hese parliaments now extant in the clause or other rolls of these years to the temporal lords , or sheriffs ; the writs being then kept in bundles by themselves , ( especially those to sheriffs , ) and not entred in the clause rolls , and those bundles quite lost through negligence , or casualtie . the very first writs of summons of knights , citizens and burgesses issued to sheriffs , that i have met with in our records entred at large in the rolls , are these of claus. an. e. . m. . dorso . which are very rare and memorable , extant in no collections of these writs by others , that i have seen . rex vic. northumbr . salutem . quia cum comitibus , baronibus , et caeteris magnatibus de regno nostro super quibusdam negotiis arduis nos et idem regnum nostrum contingentibus , in crastino sancti martini , prox . futuro apud westm. colloquium habere volumus et tractatum . tibi praecipimus , quod eligi facias duos milites , de discretioribus et ad laborandum potentioribus de com. praedicto , et eos ad nos usque westm. venire facias . ita quod sint ibi in crastino praedicto , cum plena potestate pro se et tota communitate com. praedicti , ad consulend . et consentiend . pro se et communitate illa , biis quae comites , barones , & proceres praedicti concorditer ordinaverint in praemissis . et ita quod pro defectu potestatis hujusmodi idem negotium infectum non remaneat . et habeas ibi hoc breve . teste rege apud westm die octob. consimiles literae diriguntur singulis vicecomitibus angliae . t. ut supta . after which followes this second writ entred immediately after it in the same dorse . rex vic. northumbr . salutem . cum nuper tibi praeceperimus , quod duos milites de discretioribus & ad laborandum potentioribus ejusdem comitatus , de consensu ejusdem eligi , et eos ad nos usque westm. in crastino sancti martini prox . futuro cum plena potestate pro se & tota communitate ejusdem com. venire faceres , ad consulend . et consentiend pro tota communitate illa hiis qui comites , barones , et proceres de regno nostro in dicto crastino ordinaverint . tibi praecipimus firmiter injungentes , quod praeter duos illos milites eligi facias alios duos milites legales , et ad laborandum potentes , et eos una cum dictis duobus militibus usque westm. venire facias . ita quod in dicto crastino sint ibidem , ad audiendum et faciendum quod et tunc ibidem plenius injungemus . et hoc nullo modo omittas . et habeas ibi hoc breve . teste rege apud westm. . die octobr. eodem modo mandatum est singulis vicecom . angliae , mutatis mutandis . t. ut supra . in these two writs there are many things worthy our special observation . . that the word parliamentum is not used in them , but only colloquium et tractatum . ly . that there is no mention in these writs of any colloquium or tractatum , cum praelatis ; but only cum comitibus , & caeteris magnatibus de regno nostro . ly . that the sheriffs are required only duos milites de com. praedicto eligi fac . &c. without any citizens or burgesses of the cities or boroughs within their respective counties . ly . that these two knights were to be thus qualified ; de discretioribus , et ad laborandum potentioribus , & magis legales ; and to be de com. praedicto ; not of any other county . ly . that they were to be elected , de consensu ejusdem comitatus , not without or against their consents . ly . that they were to appear at the day and place prescribed in the writs ; cum plena potestate pro se et tota communitate com. praedict . ad consulend . et consentiend . and that only , hiis quae comites , barones & pr●…eres praedicti concorditer ordinaverint in praemissis ; not what the knights themselves should ordain or prescribe : who could then vote , order , determin nothing , but what the earls , barons , nobles , and the king did first ordain and advise : much less ordain or order any thing without and against their wills , order and assents , as some of late most insolently and unparliamentarily have presumed to doe without the least ground , warrant , reason , president : as is further evident by this in the later writ ; ad audiendum et faciendum quod et tunc ibidem plenius injungemus . ly . that there is but one days difference between the dates of both these writs , and that they issued in the self-same form ( mutatis mutandis ) to all the sheriffs of england . ly . ( which is most observable ) . that the king by these writs enjoyns every sheriff in each county of england , quod praeter duos illos milites , which they were to elect by virtue of the first writs , eligi facias duos alios milites legales , &c. et eos una cum dictis duobus militibus usque westm. venire facias , &c. so that they were to elect no less than . knights by these two writs for every county , with equal power and authority ; who were all to appear and serve in this parliament : a clear evidence , that the king in this age was not confined to any certain number of knights ( nor yet of citizens or burgesses ) in any county , but might then summ●…n so many knights , as he thought most expedient and necessary , since reduced to a certainty by the subsequent statutes of r. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . . h. . c. . h. . c. . h. . c. . ly . that the king by his tibi praecipimus firmiter injungentes , & hoc nullo modo omittatis ; manifests , that the sheriffs were bound at their peril to obey , execute both these writs , without disputing or disobeying them . ly . that though the writs enjoin the sheriff only , & habeas ihi hoc breve ; yet the sheriff was to return the names of the knights elected together with the writ , as the practise and returns in those times resolve . the next writs i have met with for electing knights citizens and burgesses , are those in claus. e. . m' . dorso . rex vic. northt . salutem . quia cum comitibus , baronibus , & caeteris proceribus regni nostri super remediis contra pericula quae eidem regno hiis diebus imminent providend . colloquium habere volumus et tractatum , per quod eis mandavimus , quod sint ad nos die dominica prox . post sestum sancti martini in yeme prox . futur . apud westm. ad tractand . ordinand . & faciend . qualiter sit hujusmodi periculis obviand , tibi praecipimus firmiter injungentes , quod de com. praevicto duos milites , & de quolibet civitate ejusdem com. duos cives , & de quolibet burgo duos burgenses , de discretioribus , et ad laborand . potentioribus sine dilatione eligi , et eos ad nos ad praedictos diem & locum venire fac . ita quod dicti milites plenam & sufficientem potestatem pro se & communitate com. praedicti , & dicti cives et burgenses pro se et communitate civitatum et burgo●…um praedictorum divisim ab ipsis tunc ibidem habeant ad faciend . tunc quod de communi consilio ordinabitur in praemissis . ita quod pro defectu hujusmodi potestatis negotium praedictum infectum non remaneat quoquo modo . et babeas ibi nomina militum , civium & burgenfium , & hoc breve . teste rege apud cantuar. tertio die octobr. consimiles literae diriguntur singulis vicecom . per angliam , et de eadem data . the next writs of this kind now extant , are those of claus. e. . m. . dors . little different from the former . rex vic. linc. salutem . quia cum comitibus , &c. ( as in the former writ ) quod sint ad nos in crastino animarum prox . futur . apud sanctum edmundum ad tractand . ordinand . et faciend . qualiter sit periculis obviand . hujusmodi et statui ejusdem regni tutius , et utilius consulend . tibi praecipimus quod de com. praedicto duos milites , et de qualibet civitate ejusdem com. duos cives , et de quolibet burgo duos burgenses de discretioribus et ad laborand . potentioribus , sine dilatione eligi , et cos ad nos ad praedictos diem et locū venire facias . ita quod dicti milites plenam & sufficientem potestatem pro se et communitate com. praedicti habeant in praemissis ; ita quod pro defectu potestatis hujusmodi negotium praedictum non remaneat quoquo modo inane . et habeas ibi nomina militum , civium et burgensium et hoc breve . t. ut supra . consimiles literae diriguntur singulis vicecomitibus per angliam . t. ut supra . there is nothing remarkable in this writ , but only that it differs somewhat in words , but not in substance from the ordinary writs succeeding it , in the ita quod , &c. i shall therefore proceed to the next writs of this kind . the next are these notable writs ( unobserved by others ) which i meet with in e. . when the great charter of the liberties and of the forest were to be confirmed , in respect of a great ayd given to the king against the french , thus entred in claus. e. . d. . after the writ de parliamento tenendo to the * archbishop of cant. dated die septembris , and the list of the names of the spiritual and temporal lords . rex vic. ebor. salutem . quia in relevationem omnium incolarum et populi regni nostri pro octava omnium honorum singulorum ligeorum per totum idem regnum pro urgentissima nunc dicti regni contra gallicos necessitate levanda , concessimus pro nobis et haeredibus nostris confirmare , et firmiter teneri facere magnam cartam de libertatibus angliae ; et cartam de libertatibus forestae ; & concedere omnibus & singulis ejusdem regni literas nostras patentes ; quod dictae octavae levatio non cedat eisdem in praejudicium , servitutem et exhaeredationem , usum vel consue tudinem in futurum . tibi praecipimus firmiter injungentes , quod sine dilatione aliqua duos de probioribus et legalioribus militibus com. tui eligi , et eos plenam potestatem pro ipsis & tota communitate dicti com. habentes , ad edwardum filium nostrum carissimum , tenentem in anglia locum nostrum , venire facias . ita quod sint london . ad eundem filium nostrum modis omnibus in octabis sancti michaelis proximo futuri ad ultimum , cartas super confirmatione nostra cartarum praedictarum , et literas nostras super dicta concessione pro ipsa communitate in forma praedicta recepturi , & facturi ulterius , quod per dictum filium nostrum ibidem fuerit ordinatum . et boc nullo modo omittas . et habeas ibi boc breve . t. edwardo filio nostro apud sanctum paulum london . die septembr . consimiles literae diriguntur singulis vicecom . per angliam . from these new extraordinary writs , i shall observe , . that extraordinary publike necessities against forein enemies , require extraordinary aydes from the people . ly . that when ever such extraordinary excessive ayds were granted by parliament , it was with this special caution , that the king by his patents as well as the parliament , should declare , that it should not afterward be drawn into custom , nor turn to the prejudice , thraldom , or dishinherison of the people in succeeding times . ly . that those extraordinary aydes were recompenced with extraordinary grants and new * confirmations of the great charters of the liberties of engl. and of the forest , ( which the * lords and commons then much pressed and insisted on ) for the king and his heires , which were new confirmed by special letters patents , which the knights elected for every county , were to be impowred by the commonaltie of each county to receive , and to deliver to them . and to do what else the prince by advice of the nobles should ordain in this parliament . . that the chief occasion of this writ and parliament was this ; the earls of hereford , and marshall , who were very powerfull and popular , inhibited the barons of the eschequer , after the kings passage into flanders , to levy the . part of their goods granted to him at st. edmunds , without their consents ; and induced the city of london to joyn with them , not to pay the same , unless these great charters and their other liberties were first confirmed , which the prince and his counsil promised to doe , as you may read at large in thomas de walsingham , hist. angl. p. . to . and ypodigma neustriae , p. , , . &c. mat. westminster , anno . p. , . henry de knyghton , de eventibus angliae , l. . c. . holinshed , grafton , with other our vulgar historians ; and my plea for the lords , p. . to . the prince , by advice of the counsil , after the summons of this parliament , to prevent all commotions by these earls and their confederates , issued special writs not only to all * great cities and corporations of england , prohibiting , ne congregationes & conventicula fiant , to disturb the publike peace , and to all captains and governors of castles , in respect of the present dangers , safely to guard their castles , so as non nobis vel dicto consilio non passet aliquod periculum imminere , as the writs at large inform us ; but likewise sent special writs to some earls and lords formerly summoned to the parliament at london , and to some others whom they most confided in , to repair to the prince and his counsil , with their horses and arms ; as is evident by these memorable writs intermixed with the writs of summons to this parliament , claus. e. . m. . dorso . * rex dilecto et fideli nostro ricardo fil . alani comiti arundell salutem . quia nuper ante passagium nostrum ad partes transmarinas injunximus edwardo filio nostro , tenenti in anglia locum nostrum , quaedam negotia nos & regnum nostrum specialiter contingentibus , super quibus ipsum vobiscum habere volumus colloquium & tractatum . vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quantum sitis , cum equis et armis ad dictum filium nostrum die dominica proxima ante instans festum sti. michaelis ubicunque tunc fuerit in anglia ; ad veniendum ibidem cum dicto filio nostro et ejus consilio super dictis negotiis locuturi & tractaturi , ac facturi quod tunc uobis per ipsum & consilium suum injungetur ex parte nostra . et hoc sicut nos & bonorem nostrum , & commodum regni nostri diligitis , nullatenus omittatis . t. edwardo filio regis apud sanctum paulum london . die septembris . consim . literae diriguntur subscriptis , roberto de dacre , and more . ( the like writs issued fulconi fil . warini , to be cum equis & armis ad dictum filium nostrum london in octab. sancti michaelis , prox futur . ibidem cum dicto filio nostro et ejus consilio super dictis negotiis locuturi et tractaturi , &c. t●…ut supra . consimiles literae diriguntur , to . others . ) et memor . quod omnes isti rogati fuerunt quod venirent apud roffs : praeter phum . muhaunks , nichum . bramcher , simonem roges de fydoks , petrum mellore , & phum . de wylyver , quorum brevia fuerunt restituta . rex dilecto et fideli suo johanni gifford salutem . licet nuper vobis mandaverimus , quod propter quaedam ardua negotia nos et regnum nostrum tangentia , ad parliamentum quod erit london in proximo crastino sancti michaelis ad edwardum filium nostrum , tenentem in anglia locum nostrum modis omnibus veniretis . vobis tamen ob aliquas certas causas firmiter injungendo mandamus , quod interim taliter ordinetis , quod equi vestri et arma sint ad vos london . in octabis dicti festi sancti michaelis ad ultimum . et hoc sicut nos et commodum regni diligitis , nullatenus omittatis . t. edwardo filio nostro apud sanctum paulum . die septembris . consimiles literae dirigunlur subscriptis , viz. edmundo com. cornub. roberto de tateshall , fulconi fil . warini . so as it appears by these writs that there was first a summons to london to the parliament , and after to a kinde of militari camp , cum equis & armis . these writs would have little prevailed to secure the prince and his counsil , and prevent insurrections , had they not then issued out the former , for the confirmation and future inviolable observation of the great cbarters , and redress of all other grievances mentioned in their petitions in walsingham , the free and full concession whereof in parliament , and ratification of these charters , quieted all tumultuous spirits and drew on the people to a chearfull payment of that extraordinary tax which disgusted them . the next writs are not entred in the clause rolls , but i find the original writs themselves , with their returns , in the bundle of them yet extant in the tower , out of which i shall present you with this true transcript , copied with my own hand . anno e. . bundela n. . edwardus dei gratia rex angliae , dominus hyberniae , & dux aquitaniae . vic. northt . salutem . quia apud ebor. in instanti sesto pentecostes esse proponimus deo concedente , et ibidem cum comitibus , baronibus , et caeteris proceribus dicti regni super negotiis nos et statum ejusdem regni tangentibus habere volumus colloquium et tractatum : per quod mandavimus tisdem comitibus , baronibus , et proceribus quod tunc sint ad nos ibidem nobiscum locuturi , et super dictis negotiis tractaturi . tibi praecipimus firmiter injungentes , quod de com. praedicto duos milites , et de qualibet civitate ejusdem com. duos cives , et de quolibet burgo duos burgenses de discretioribus , et ad laborandum potentioribus sine dilatione eligi , & eos ad nos ad praedictos diem et locum venire facias . it a quod dicti milites plenam et sufficientem potestatem pro se et communitate com. praedicti , et dicti cives & burgenses pro se et communitate civitatum et burgorum praedictorum divisim ab ipsis tunc ibidem habeant , ad faciend . quod tunc de communi consilio ordinabitur in praemissis . ita quod pro defectu hujusmodi potestatis negotia praedicta infecta nō remaneant quoquo modo . et habeas ibi nomina militum , civium et burgensium , et hoc breve . teste meipso apud fulham , . die aprilis , anno regni nostri vicessimo sexto . the rest of the writs in this bundle to the other sheriffs were all in the self-same form , and have the self-same date , except that to the sheriff of london ; therefore i shall not repeat any more of them , but acquaint you with the several different returns of the sheriffs endorsed on every of these writs , or in cedules annexed to them , being the first returns extant , full of excellent variety and use , as well as ratity . the first writ to the sheriff of northampton , is thus endorsed and returned by the sheriff . nomina militum electorum pro com. northamptone stephanus rabas man : per rogerum fil . galfridi . willielmum cartar henr. de ossevill willielmum andrew . philippus de bosco man. pe●… alex. wyn , de wodeffs . gervas gould de eadem . will. pestour de eadem . simonē craneffe de eadem nomina burgensium electorum pro villata northampt. johannes de longevylle man. per matthaeum le mercer , iohannem minsmyth , robertum de sedeffs , willielmum demont . spencer de northt . man. per johan . de thorp hugo le paumer henry de harwood galfr. de garliks . the writ to the sheriff of the county of oxford , is thus endorsed and returned , milites et burgenses subscripti electi sunt secundum formam content . in brevi , et manucapt . de veniend . &c. viz. willielmus de nalebrok miles , henricus de bruly miles , with two manucaptors for each . de burgo oxon : . burgesses are returned , with . manucaptors for each . non sunt plures burgi & civitates in com. oxon. the writ to the sheriffs of london is , quod de civitale praedicta duos cives de discretioribus & ad laborandum potentioribus sine dilatione eligi , &c. ut supra . t. rege apud westm. die aprilis . on which writ this return is indorsed , secundum quod injunctum est nobis per istud mandatum , eligi fecimus walterum de fynchyngfeld , et adam de fowham , ad essend . coram vobis ad diem et locum in brevi contentos , vobis collocutur , et super negotiis vestris tractatur . quibus ad hoc plenam et sufficientem potestatem dedimus nomine nostro , prout praecipitur in brevi . the writ for middlesex is thus returned , totus com. midd. elegerunt ricum . de wyndesore & henricum de enefeld milites , ad veniend apud eborum , pro toto com. &c. manucaptores dom. rici : de wyndesore essendi ad diem in brevi , . are there returned , with two for the other . nulla est civitas vel burgus in balliva mea . the return for hereford is in this form . nomina duorum militum com. hereford . manucaptores thomae de chabenore , . there named as his manucaptors . manucaptores thomae de la mare , . there listed as his manucaptors . nomina duor . civium civitatis hereford , . there returned , having each . manucaptors . nomina duorum burgensium de burgo leominster , . burgesses returned with their two manucaptors apeece . nomina duorum burgensium de burgo de bewelye . with . manucaptors for either returned . the return of the sheriff of buckingham . johannes de sherwode miles , electus est , et habet plenam et sufficientem potestatem pro se et communitate com. praedicti . et idem johannes manucaptus est veniendi coram vobis ad diem in brevi contentum . nomina manucaptorum praedicti johan . &c. . there named and returned . laur : de blunkesdon miles , electus est in forma praedicta , et manucaptus est veniendi coram vobis ad diem in brevi contentum . nomina manucapt . &c. . there specified . nulli sunt cives nec burgenses in com : praedicto , nec civitas , nec burgus : propter quod cives nec burgenses coram vobis ventre facere non possum . the return of the sheriff of bedford , walterus fil . roberti miles , electus est , et habet plenam et sufficientem potestatem pro se et communitate com. praedict . et idem walterus manucaptus est de veniendo coram vobis ad diem in brevi contentum . nomina manucaptorum praedicti walteri . ricardus de rous miles , electus est , et habet plenam , &c. ut supra , & distring : per octo boves et quatuor afros , veniend . coram vobis ad diem in brevi . burgenses thomas halyday de burgo bed : electus est , & manucap . per . there listed . robertus de cywelle de burgo bed. manucapt . per . there named . the return of the sheriff of surrey endorsed on the writ , milites , burgenses electi in com : surr. viz. ioban : de auburnon miles , manucapt . est per . there listed . iohannes de hamme miles , per . others . burgus de gildeford , burgesses , with manucaptors . burg : de sutbwerk , burgesses , with manucaptors . burgus de reygate , burgesses , with manucapsors . burgus de blecchyngelegh . with manucaptors for each of all these burgesses , milites , cives et burgenses electi in com : sussex , viz : & manuc : secundum tenorem brevis . henricus huse miles , manucapt . est per . venire ad diem , &c. radul : samsaver miles , manucapt . est per . venire ad diem . burgenses de seford . having each manucaptors . burgenses de shorham . with manucaptors . burgenses de steryng bunibus , with manucaptors . burgenses de lewes with manucaptors for either . cives civitatis cycestr : . with mauucaptors for each . nomina militum , civium , burgensium in com : wigorn. electorum , willielmus de meueschal miles , et sunt manucaptores ejusdem willielmi . thomas de bertelegh miles , & sunt manucaptores . there listed . cives wigorn : . man : . for each , there named . burgenses de wychia . manuc . for either . schedula . nomina militum et burgensium secundum tenorem brevis domini regis huic panello attach : electi de essendo ad diem et locum in brevi content . prout in eodem praeeipitur . milites robertus de . berkeleye , man. . johan . de langeleye , man. . there listed . burgenses de villa bristoll johannes de tanner , man. . iohannes de cheddre , man. . burgenses de villa gloucestr : . with manucaptors returned . nulla est civitas in com : gloucestr . de com. derby electi sunt duo milites , qui plenam et sufficientem potestatem habent pro se et communitate com : praedict : secundum tenorem hujus brevis , viz. henricus de braylesford miles , qui manucaptu●… per . henricus filius herberti miles , qui manucapitur by . there listed . et breve istud returnatum fuit willo : le oyler balliuo libertatis villae derb : qui plenum returnum brevis habet pro duobus burgensibus ejusdem villae , et mihi respond : quod elegit assensu communitatis totius villae praedictae magistrum willum . broun de derby , et nicbum . le latimer de eadem , who have two manucaptors for each returned . de com. nottingh . electi sunt duo milites , qui plenam et sussic . potestatem habent pro se et communitate comitatus praedicti , secundum tenorem hujus brevis , viz. richus . de byngbam miles , qui manucaptus per . richus de furneus miles , qui manucaptus per . there named . et breve istud retorn , fuit ballivis libertatis villae nottingh . pro duobus burgensibus ; qui michi responderunt , quod eligerunt assensu communitatis villae praedictae , johem le flemyng , de nott. adam de flemyng de eadem : who found two manucaptors a-peece there recorded . willus : de hodenet miles electus , manucaptus est ven : ad diem in brevi contentum per . petrus de byton miles electus , manucaptus est per two there named . burgenses de salop . burgenses ; de bruges . there named , manuc . per manucaptors for each of them . willielmus de stafford miles electus , manucaptus est venire ad diem in brevi contentum per . henricus mauney miles electus manuc . est per . there recorded . burg. de stafford ven . & non alii . nomina militum . robertus de hoo & iohannes aygnel electi sunt in pleno com. hereford , duos milites per communitatem ejusdem com. ad diem et locum in hoc breui content . ad faciend . quod breve exigit ; et manucapti sunt prout patet in cedula huic brevi annexa : wherein there are four manucaptors for either of them returned . iohannes de westret de hereford , simon walle de eadem electi sunt duos burgenses per communitatem burgensium hereford in forma praedicta ; et manucapti sunt , prout patet in dicta cedula huic brevi consuta : having each . manucaptors , all of hereford . nulla est civitas , nec plures burgi in dicto com. existunt . per istud breve elegi per communitatem totius com. duos milites , scil . johannem de folevill , et willielmum de bercks . qui manucapti sunt essendi apud ebor. ad diem in brevi nominatum : & sunt manucaptores , for each there listed . nulla est civitas nec burgus in balliva mea . nomina militum electorum pro communitate com. westmerl . thomas de derewenwater electus est , et manucaptus per . rogerus de burton , manucaptus per . there named . de civibus nichil , quia nulli cives sunt in com. praedicto . nomina burgensium , . there returned for apelby ; who had two manucaptors for each . responsum istius brevis est in quodam panello huic brevi attacbiato . vvillus : de cotes miles , electus pro communitate com : manucaptus est . veniend . ad diem infra content . per . iohannes de grynstede miles , electus est pro eadem communitate , manucaptus per two there named . cives . pro civitate novae sarum electi , manucapt . veniend . per two manucaptors for each . burgenses . pro burgo de dounton , . pro burgo de devises , pro burgo de chippenham , pro burgo de malmsbur . who had two manucaptors for each therein returned . et retorn : fuit constab. merleberge , et ballivis libertatum de kalne & worthe , qui nullum inde dederunt responsum . nullus venil nec burgus de lanc. is endorsed on the writ ; in the cedule annexed this return is made . eligi feci per consensum totius com : henricum de kyghebey , & johannem devias milites , essendi ad diem ut infra brevi , qui plenam et sufficientem potestatem habent pro se et communitate totius com. ad faciend . prout in brevi continetur . el sunt manucaptores ipsius henrici , veniendi ad diem ut infra . and . for the other knight there returned . nulla est civitas in com. lanc. burgenses . de preston . burgenses . de lancastria ; who all finde . manucaptors for each of them there returned . nomina duorum militum electorum pro communitate com. lincoln , & eorum manucaptores . manucaptores willi : dysux militis . johan : marmyon militis . there named . nomina civium civitatis linc. & eorum manucaptorum , two citizens there returned , found each . manucaptors . nomina burgensium burgi stamfordiae , et eorum manucaptores , . returned , who had . manucaptors apeece : grymesby , two burgenses thence returned had each of them manucaptors . nomina militum electorum pro communitate com. northumbr . dominus henricus de dychende , & est manucaptus per . dominus johannis de ogghel , & est manucaptus per . there named . nomina burgensium electorum pr●… communitate burgi novi castri super tynam sunt in cedula huic brevi annexa : . burgenses are returned in the cedule , with . manucaptors for either . arrayamentum hujus brevis attachiatur huic brevi , is indorsed on the writ , with this cedule , nomina militum electorum pro com. ebor. manucaptores iohannis sampson manucaptores iohannis de heselarton . there named . nomina civium civitatis ebor. cum eorum manucapt : . returned , with two several manucaptors for either . nomina burgensium de com. ebor. cum eorum mas nucapt . beverlac . . scardeburg . . pontefract . malton . alverton . burgenses returned from each , with two manucaptors for every of them . nomina militum de com : suff. dominus johannes de byckele cujus manuc . sunt . dominus petrus de dennarstover , cujus man. sunt . there named . nomina burgensium gyppeswic . . nomina burgensium de dunewyco . nomina burgensium de oreford , returned for either , with two manucaptors for each of them . nullus ven . in burgo de norwico is indorsed on the writ . in cedula . nomina militum com. norff. dominus vvillielmus rostovyn , cujus manuc . sunt . dominus willus : de warnny , cujus manue . sunt . nomina civium norwic. . with two manucaptors apeece . nomina burgensium de lenn : . who found two manucaptors for either . pro burgo de ieremuta , returnatum fuit istud breve ballivis de ieremuta qui habent returna brevium , et nichil inde mihi responderunt . responsum est in panello huic brevi annexo . the cedule annext begins thus . nomina militum , civium et burgensium de comitatu devon. electorum pro communitate com. praedict . de assensu totius communitatis devon. electi sunt duo milites , viz. johannes de umfravill , & willielmus de chambernoun , quos distring . essend . ad diem in brevi contentum ; sed johannes de umfravill nullum manucaptorem micbi mittere voluit . willielmus de chambernoun manucaptus est , per simonem de hok , johannem richman . cives , pro civitate exon. electi sunt cives . with two manucaptors apeece . burgenses ; barnst . . plimpton . sutton . totton . dertemouth . ashperton . with two manucaptors for each burgesse there returned . henricus de blount unus duorum militum electus , per se et communitate com. essex manucapitur per . willielmus de dureem alter miles electus pro eodem com. manuc . per . the two burgenses elected pro communitate burgi cole . cestr . manuc . per . manucaptors for each . et non est aliqua civitas in balliva mea , nec alter burgus quam super nominat . johannes de aunger mil. & robertus pontrel , milites electi pro toto com. leic. plenam potestatem pro eodem com. habentes , manucapti sunt essendi coram vobis ad diem in brevi content . secundum tenorem istius brevis . et praedictus johannes manucap : per two , and the others by two manucaptors there named . the . burgenses elected pro villa de leicest . in forma praedict . find each two manucaptors , there returned . philippus de gaytone , & johannes fil . guidonis , milites electi de com . warr. plenam potestatem babent pro toto com . praedicto ; manuc . sunt essendi coram vobis ad diem in hoc brevi content . per two manucaptors apeece , electi . de villa de coventr , & homines villae warwick : each of them find two manucaptors . burgesses . electi de civ . roff : quorum uterque manu . cap. per . there named as their joynt manucaptors . milites electi de com . cant. richus de scombard , & johannes de gosehall , quorum uterque man. per . manucaptors there listed . burgenses civitatis cant. . quorum uterque man. per . there returned . milites electi de com. cantebr . stephanus le messer de oversdone , petrus de armyngton de eadem : macapt . . returned after them . burgenses . cant. with two manucaptors for each de eadem villa . milites electi de com. hunt. radus . de laytone , ricus . hotot , man. . for both . burgenses . for hunt : with two manucaptors for each ejusdem villae . regin : de bevill & thomas de pridiex milites , electi sunt per totam communitatem com. cornub. qui quidem manucapti sunt veniend apud ebor. ad diem in brevi content . et ad faciend . prout continetur in brevi : each of them having . manucaptors returned over against their names . nomina burgensium ; de bodmin . qui man. per . manucaptores . nomina burgensium de launcest . qui man. per . manucaptores . nomina burgensium de trurou . qui manuc . sunt per . manucapt . nom. burgensium de helston qui manuc . per . manucaptores apeece , there named . responsio hujus brevis patet in cedula huic brevi consuta . nomina duorum militum electorum in com. sutht . hugo de escote miles , qui manuc . per . baldewinus de bello monte , qui manuc . est per two there returned . nomina civium civitatis wynton . . with two manucaptors for each , all de wynton . nomina burgensium de burgo sutht . . with two manucaptors apeece . nomina burgens . burgi de portesmuth . with two manucaptors for each . in plena com. dors. per totam communitatem com. eligi feci duos milites , & de quolibet burgo duos burgenses , de discretioribus et ad laborandum potentioribus , secundum tenorem hujus brevis : nomina continentur in cedula huic brevi annexa . qui quidem milites plenam & sufficientem potestatem pro se & communitate com. praedict . et dicti burgenses pro se & communitate dictorum burgorum divisim ab ipsis habent . et tam praedicti milites , quam praedicti burgenses , manucapti sunt veniendi coram vobis ad diem et locum in brevi contentos ad faciend . quod tunc ibidem ordinabitur , secundum tenorem hujus brevis , prout continetur in eadem cedula . nulla est civitas in com. praedicto is indorsed on the writ . in the cedule annexed followes , milites com. dors. & eorum manucaptores , philippus maubanke miles , with two man. jacobus de trowe miles , with two manucaptors there listed . nomina burgensium ejusdem comitatus , et eorum manucaptores , viz. de burgo de brideport . with two manucaptors for either . de burgo de dorcestria . with two manucaptors . de burgo de shafton . with two manucaptors for either . the last writ in the bundle is thus indorsed . in pleno com. somerset per totam communitatem ejusdem com. eligi feci duos milites , et de qualibet civitate duos cives , et de quolibet burgo duos burgenses de discretioribus et ad labor andum potentioribus , secundum tenorem hujus brevis , quorum nomina continentur in cedula huic brevi consuta . qui quidem milites plenam & sufficientem potestatem , pro se & communitate com. praedict . habent , & dicti cives pro se & tota communitate dictae civitat . divisim ab ipsis habent , & dicti burgenses pro se et tota communitate dictorum burgorum divisim similiter ab ipsis habent . et praedicti milites , quam praedicti cives & burgenses manucapti sunt veniendi coram vobis ad diem et locum in brevi contentos , ad faciend . quod tune ibidem ordinabitur , secundum tenorem hujus brevis , prout continetur in praedicta cedula ; which follows in this form . nomina militum com. somerset et eorum manucaptores , robertus de brent miles , johannes de wyk miles to whose names he returns severally , manucaptus est per two there named . nomina civium civitatis bathon . & eorum manucaptores ; henricus baton , & thomas le mesteer , who have . manucaptors ' apeece . nomina burgensium ejusdem com. de burgo taunton , . with two manucaptors for each ; de burgo de brigges walteri . with two manucaptors ; de burgo de welles . with two manucaptors ; de burgo de ivelcester . with two manncaptors ; de burgo de milleburne-port . with two manucaptors apeece . the writt to the sheriff of hertford and the return thereof , is wanting in this bundle , and i have here for brevitie , left out the names of most citizens and burgesses returned , with their manucaptors names . it is observable , from these writs issued to the sheriffs , , that there is no mention at all of the bishops , abbots , or clergie summoned to this convention at yorke , touching any conference or treaty there to be held with them ; but only cum comitibus , baronibus & proceribus regni nostri ; who were only summoned thither ( as this writ imports ) the clergy being then in a * praemunire , and under the kings displeasure , as i conceive . . that the earls , barons , and nobles of the realm , were the only persons summoned , nobiscum locuturi , & super praedictis negotiis tractaturi : and the knights , citizens , and burgesses elected , required , and impowred only , ad faciend : quod tunc de communi consilio ordinabitur in praemissis : which full and sufficient power they were every of them to receive for themselves and the whole commonalties who elected them , from the said respective commonalties , by vertue of the kings writ . ly . that the want of such a full and sufficient power , might hinder and disappoint the execution of such businesses as were there appointed and ordained by common consent of the king and lords . ly . that the word parliamentum is not used in any of these writs . ly . that there is no writ in this bundle to the constable of dover , and warden of the cinque-ports , for electing any barons for those ports , nor any returns made of them . ly . that the city of london had then a particular writ directed to the sheriffs thereof for the election only of two citizens , and no more . i shall observe also from the sheriffs returns of these writs , . that the knights in every shire were elected in the full county , by and for the whole county ; from whom they received full and sufficient power , ad faciend . quod tunc ordinabitur secundum tenorem hujus brevis : and that the citizens and burgesses were then elected and impowred by the respective commonalties of the cities and burroughs for whom they served . . that all the sheriffs did then exact and receive from every knight , citizen , burgesse thus elected and returned , special manucaptors for his appearing at the day and place appointed by the writ , whose names they returned ; some of them requiring , & they putting in . others . most of them two manucaptors apeece of good qualitie , for their appearing ; though the writs particularly enjoyned them not to take any manucaptors ' from them . and that by vertue only of this geueral clause in the writs : et eos ad nos ad praedictos diem et locum venire facias : it being the * usual legal way to cause them to repair to the king and parliament at the day & usual place prefixed ( in other writs ) which practice afterwards continued ; there being manucaptors returnd & sound by most knights , citizens , burgesses , that i hav seen , after the reign of king edw. the . & . till e. . though many had none in later times . that of all the knights , citizens and burgesses elected and returned this year , one or two of them only refused to finde manucaptors ; to wit , john de umfravill chosen one of the knights for devon , which the sheriff specially returns : and sir william rous one of the knights for bedfordshire , as it seems , whom the sheriff thereupon distrained , per octo boves et quatuor afros veniend . coram vobis ad diem in brevi : ly . that the sheriffs returns are various and different in their forms , some more general , & brief , some more full and punctual according to the contents of the writ ; some with cedules annexed , others on the dorse of the writs , yet all accepted as sufficient , and legal . ly . that some counties in after times , & at this day , have many more boroughs , sending . burgesses apeece to parliaments than they had in e. . by new charters fince purchased , as appears by comparing these returns with those of later and present times . ly . that such cities and boroughs who had returns of writs , made their own returns of their citizens and burgesses elected , with their manucaptors to the sheriffs : and that such of them who made no elections nor returns upon the writs , were returned as defalters by the sheriffs . ly . that bristoll was within the county of gloueester , and its burgesses and manucaptors returned amongst others of that county , till afterwards made a county within it self . ly . that bath in e. . was a city , and elected two citizens , with manucaptors ; and wells , then only a borough , electing and returning two burgesses . ly . that some of the knights returned have the word dominus prefixed before , not following after their names , which shews they were only titular , not real lords , perchance the sons of lords , which are so stiled . as none of the writs to the sheriffs are entred in the clause roll of e. . so i finde no other writ of summons to the spiritual or temporal lords registred therein , but only this to the archbishop of york , which i omitted in the first section , and shall here insert . claus. e. l. d. . rex ven. in christo patri w. eadem gratia archiep. ebor. salutem . quia super quibusdam arduis negotiis nos et statum regni nostri tangentibus , vobiscum habere volumus colloquium et tractatum ; vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quod ad nos usque westm. personaliter accedatis . ita quod omnibus modis sitis ibidem die dominica in ramis palmarum prox . futur . ad ultimum , super dictis negotiis locuturi et etiam tractaturi . et hoc nullo modo omittatis . teste rege apud sandwycum die martii . consimiles literae diriguntur subscriptis , viz. sc. london episcopo , magistro roberto de radeswell , archidiac . cestr. and others of the kings counsil , without any other spiritual or temporal lords . in e. . i finde a writ issued to the archbishop of canterbury , with a de parliamento tenendo in the margin of the roll , though the writ and postscript declare it to be but a private counsil ; which i have already presented you with , part . p. , . there being very few spiritual and temporal lords , not any knights , citizens or burgesses summoned thereunto . in e. . there issued two several forms of writs to all sheriffs , for electing knights , citizens and burgesses for two several parliaments , held that year at london , and lincoln ; most of which original writs , with their several returns , are yet extant in the bundle of them in the tower , and likewise both of them recorded one after the other in claus. e. . mem : . dorso . rex vic. lincoln . salutem . quia ad salvationem coronae nostrae , et communem utilitatem popull regni nostri secunda die dominica quadragesimae prox . sutur . london . parliamentum tenere , et cum praelatis , magnatibus & proceribus ejusdem regni super negotiis nos et idem regnum contingentibus speciale colloquium babere volumus et tractatum ; tibi praecipimus firmiter injungentos , quod de com. praedicto duos milites , &c. ita quod , &c. ( just as before , m. . e. . d. . ) t. rege apud berewicum super twed , . die decembr . consimiles literae diriguntur singulis vicecomitibus per angliam . the other writ ( extraordinary and remarkable ) is entred in cl. e. . m. . dorso . the original writs then issued remain in the bundle of writs of this year , with the returns annexed . rex vic. cumbr. salutem . cum nuper pro communi utilitate populi regni nostri concesserimus , quod charta de foresta in singulis suis articulis firmiter observaretur , assignando quosdam de fidelibus nostris in singulis com , ejusdē regni in quibus forestae nostrae existunt ad perambulationem in eisdem forestis faciend . ita quod perambulationem illam distinctè et apertè factam ad nos , antequam aliqua executio , vel aliquod aliud inde fieret reportarent ; et quod juramentum nostrum , jus coronae angliae , rationes et calumpniae nostrae , necnon jus , rationes et calumpniae aliorum omnium salva forent . nos licet dilecti et fideles nostri nune primò ad nos detulerunt * quod fecerint in negotiis memoratis ; quia tamen praelati , comites , barones , & caeteri magnates dicti regni , in quorum praesentia nostras et aliorum proponi & audiri volumus rationes , et de quorum consilio in eodem negotio , prout alias diximus , intendimus operari ; maxime cum ipsi ad observand . et manutenend . jura regni et coronae nostrae praedictae una nobiscum juramenti ●…i 〈◊〉 sint astricti , juxta latus nostrum tunc temporis non fuerunt : ac pro eo similiter quod illi qui suas rationes quatenus illud negotium illos tangit proponere debeant , inde praemuniti non erant , eidem negotio sine ipsorum consilio finem imponere non potuimus bono modo . et quia negotium illud quantum possumus cupimus maturari , ita quod per nos non fiet absque ulterioris dilationis incommodo effectum debitum sorciatur ; uolentes cùm praelatis , comitibus , baronibus & magnatibus supradictis , ac cumaliis de communitate dicti regni , super boc , e●… quibusdam aliis arduis negotiis nos et statum regni praedicti tangentibus babere colloquium et tractatum . tibi praecipimus firmiter injungentes , quod venire facias coram nobis ad parliamentum nostrum apud lincoln . in octab. sancti hillarii prox . futur . duos milites de balliva tua ; illos videlicet , qui pro communitate com. praedicti ad parliamentum nostrum ultimo praeteritum per praeceptum nostrum venerant : & eliam de qualibet civitate infra ballivam tuam eosdem cives , & de quolibet burgo eosdem burgenses qui ad praedictum parliamentum nostrum alias sic venerant . et si fortè aliquis militum , civium , aut burgensium praedictorum mortuus fuerit , aut infirmus , per quod ad dictos diem et locum venire nequerint , tunc loco illius mortui , aut infirmi , unum alium idoneum ad hoc eligi , et ad dictum parliamentum nostrum venire facias . ita quod milites , cives & burgenses praedicti dictis die et loco modis omnibus intersint cum plena potestate audiendt et faciendi ea quae ibidem in praemissis ordinari continget pro communi commodo dicti regni . et eisdem militibus de communitate com. praedicti , et civibus de civitatibus , et burgenfibus de burgis praedictis , rationabiles expensas suas habere facias in ueniendo ad parliamentum nostrum , ibidem morando , et etiam redeundo . tibi insuper praecipimus sicut prius , quod per totam ballivam tuam sine dilatione publice proclamari fac . quod omnes illi qui terras aut tenementa habeant infra-metas forestae nostrae in balliva tua , & qui perambulationem in aliquo calumpniari voluerint , quod sint coram nobis in parliamento nostro praedicto ostensur . in hac parte rationes suas et calumpnias si quas habent . et habeas ibi nomina militum , civium , & burgensium , et hoc breve . t. rege apud le rose die septembris . consimiles literae diriguntur vic. subscriptis in quorum com. forestae existunt , viz. westmerl . surr. hereford eborum . southt . roteland notingham wiltes . oxon. derby somerset salop. northampt. dorset stafford . bucks . devon. vvarr . hunt : glouc.   essex wigorn.   rex uic . lincoln . salutem . cum nuper pro communi utilitate , &c. ut supra usque ibi , pro communi commodo dicti regni . et habeas ibi nomina praedictorum militum , civium et burgensium , et hoc breve . t. ut supra . eodem modo mandatum est vic-subscriptis , in quorum com. non sunt forestae . norff. kent northumbr suff. sussex cumbr. cantebr . middlesex lancastr . bedf. leicestr . hertford . these writs are thus variously returned by the sheriffs . alenus de fraunceyes manucapitur per . thomas de scalaris manucapitur per . burgenses . cant. with two manucaptors for either . nomina militum de com. lincoln . duorum civium de qualibet civitate , et duorum burgensium de quolibet burgo infra com. praedictum , viz. eorum qui ad parliamentum ultimò praeceptum venerunt , et securitatem quam michi fecerunt ad veniend . ad parliamentum nunc tenend . patent in sequenti . man. thomae fil . eustachii , unius militis com. praedicti . there returned after his name : man. thomae de burnham alterius militis , . there listed . man. stephani de cranham , unius civis civitatis lincoln . man. willi cause alterius civ . . all de lincoln . man. unius burgensium de grymsby . alterius burgensis . there named . nomina militum com. hertford , rogerus de patemer with two manucaptors . willus le galle . manucaptors . burgenses villae hertford . burgenses , villae de sancto albano . . with two manucaptors for every of them . warrenus do ualoignes miles , qui ad parliamentum ultimo praeteritum extitit pro communitate com. kantiae , manucaptus est quod fit ad diem et locum in hoc brevi contentum per . there named . richardus de scolande , miles , qui pro communitate com. cantiae , exitit ad parliamentum ultimo praeteritum , mortuus est ; in loco ejus per communitatem com. cantiae , henricus de apeldrefeld electus est ; manucaptus est quod fit ad diem et locum in brevi content . per . johannes de sancto dionysio unus civium de civitate roff : manucaptus est per . robertus de bettlescombe , unus civium de civit . roff. manucapitur per . there listed . de civibus civ . cantuar. retornat . fuit istud breve ballivis libertatis ejusdem civitatis , qui nichil respondent . executio istius brevis patet in cedula huic brevi attach . milites electi : petrus de dennardeston nunc electus est loco johannis de bishake , qui infirmus est : qui manucaptus est per . johannis de peyton manuc . est per . burgenses electi gippewic . ss . . donewic . . with two manucaptors for every of them . executio istius brevis patet in cedula huic brevi attach : milites electi , ricus : de walsingham manucaptus est per . robertus de hengham per . cives electi , norwicum . with two manucaptors for each . burgenses electi , jernem . . lenn . . with two seveal manucaptors . iohannes de mandeville et johannes de folevill milites , qui ad parliamentum prox , praeteritum manucapti , &c. per two manucaptors for either . burgenses villae de leycestr . . man. per two manucaptors there returned : et omnes supradicti plenam habent potestatem secundum tenorem istius brevis . milites electiss . iohannes perceval de samoy , &c. manuc . per two there listed : et idem iohannis fuit ad parliamentum prox . praeteritum . ss . iohannes de clyntone , de makstoke , electus est nun●… loco philippi de payton , eo quod idem philippus est nunc vicecomes warr. & leic. et praedictus iohannes manuc . est per two there named . burgenses villae warr. . burgenses villae coventr . . with two manucaptors apeece . omnes supradicti plenam habent potestatem , secundum tenorem brevis . proclamatio publicè & solenniter facta est secundum tenorem brevis praedicti . manucapt . iohannis de elsefeld militis , qui prius fuit ad parliamentum prout in brevi content . manucapt . iohan : de pratellis alterius militis , . there returned . burg. villae oxon . with two distinct manucaptors for either . nulla est civitas nec aliquis burgus praeter praedict . burgum oxon. in com. oxon. publicè proclamari feci per totam ballivam meam , qnod omnes illi qui habent terras infra metas forestae et per ambulationem voluerint calumpniari , sint ad diem et locum contentos in brevi , prout in eodem praecipitur . et quia com. berk est in balliva mea , licet perambulatio in eodem sacta fuit et observata , pro eo quod in isto brevi continetur , quod colloquium in parliamento tractandum erit super aliis negotiis praefatum regem tangentibus ; ideo gratis eligerunt duos milites , quorum nomina si contingat aliquid de eis fieri , sunt haec , iohannis de hues , & rogerus de burghfeld . nomina militum pro communitate com. ebor : cum manucapt . eorum , man. roberti de balliolo militis . man : petri becard militis . there listed . nomina civium de civitate ebor. cum eor . manuc . . there named , with two several manucaptors . nomina burgensium de burgo de scardeburg . . with two manucaptors . et proclamari feci per totam ballivam meam , tàm infra libertates quàm extra , quod omnes illi qui terras aut ten . habent infra metas forestae domini regis sint ad parliamentum prout breve exigit . nomina militum com. essex : ricardus le fyshere de ha●…send , willus : le fishere de eadem . manuc . iohannem de fillol . militem . ricardus clericus de maden , robertus de thapstede manu●… . hugonem le blunt militem . nomina burgensium villae golecestr . with two manucaptors for each . proclamari feci per totam ballivam meam , prout praecipitur . iohannes de hammes , unus miles electus pro communitate com. surr. manuc . est per . ven . ad diem . iohannes de burstowe , per . burgus de bleechynghlegh . burgus de guldeford . burgus de suthwerke . burgus de ryegate . with two manucaptors for each . manuc . hugh de escote militis . manuc . baldwini de bello alneto . . burgenses de portesmue . . burgenses de overtone . burgenses de alresford . . cives wynton . with two manucaptors for every of them . pro burgensibus villae sutht . and : insulae odeham & basinggestoke , breve istud retornatum suit ballivis libertatum sutht . qui nullum inde michi dederunt responsum . et vobis significo , quod proclamari feci quod in brevi praecipitur , secundum tenorem ejusdem brevis . nomina mil. electorum per com. wygorn , qui manucapti sunt veniend , adparliamentum ad diem in hoc brevi nominatum man. roberti de bracy . man. simonis de crombe . nomina civium eodem modo electorum pro communitate civitatis wygorn . . with two several manucaptors . nomina burgens . de wych eodem modo electorum , . with two distinct manucaptors . eligi in pleno com. glouc. feci loco unius militis gravi infirmitate detentus , alium militem nomine rici de croupes , per assensum ipsius comitatus : sic enim habetis duos milites com. illius , videlicet , iohannem de acton in libertate comitis glouc. de thornbury commorantem , et praedictum ricardum in libertate abbatis cyrenc . sic conversantem ; pro quibus vero militibus retornatum fuit istud breve ballivis praedictarum libertatum , qui habent returnum omnium brevium praedictis militibus et eorum expensis , juxta tenorem brevis . praedictus tamen ballivus de thornbury mihi respondet de manucapt . praedict . iohannis subscriptis de expensis vero execut . eorundem militum ballivae suae nil michi respondet . ballivus etiam praedictae libertatis cirencestr . de executione dicti rici : militis et eorum expensis nullum mihi dedit responsum . ideo de execut . ipsius rici : ac eorum expensis nichil agere potui . nec idem ricus miles , aliquid habet in com. glouc. extra libertatem praedictam per quod potest distringi . manucaptores iohannis de acton , militis , two there named . de expensis insuper praedictorum militum juxta mandatum vestrum alibi in com. praedicto levandis , retornatum suit istud breve tam ballivis libertatum de henebury , glideslow , sancti brionelli , bysele fiscamp et westow . qui habent retornum omnium brevium , qui de expensis illis nichil michi respondent . et etiam ballivis libertatis de poukelechirche et teukesbury , qui similiter habent return si omnium brevium , quod partem expensarū pro portione sua ipsos contingentes michi persolverunt , et partem illius nequaquam . de qua quidem alia parte michi non respond : quoniam praeceptum suit aliis ballivis de gildabulis , quod omni festinatione expensas pro portione sua celeriter levarent , de quibus postea partem illarum expensarum de eodem gildabul . recepi : et iohanni de acton praedicto in partem solutionis expensarum suarum versus partes lincolniae , liberavi , et sic major pars illarum expensarum tam de praedictis libertatibus quam de gildabulo adhuc restat . levand . caeterum domine retornatum fuit breve istud pro burgens . bristoll , et burgens . glouc , ballivis libertatum burgorum praedictorū , qui habent returnum omnium brevium , qui mihi respondent , quod executi sunt praeceptum vestrum in omnibus juxta tenorem , et quod burgens . sui , burgorum suorum praedictorum , manucapti sunt per manucaptores subscriptis . manucaptores iohan : de malmesb. de bristol , . de bristol . publicè proclamari feci per totam ballivam meam , quod omnes illi qui terras et ten : habent infra metas forestae et qui perambulationem illam in aliquo calumpniari voluerint , quod sint ad parliamentum , ostensuri rationes et calumpnias si quas habent . hugo de chastiloum miles , qui pro communitate com . bucks . ad parliamentum ultimo praeteritum , venit . manuc . per . robertus pogers miles , qui ad parliamentum ultimo praeteritnm venit infirmus est . in loco ipsius roberti , gerardus de braybroke miles electus est , et manucapitur per there returned . burgenses . de agnundesham , qui ad ultimum parliamentum venerunt : manuc . per . manucaptors for either . iohannes de la lude burgensis wycumbe , electus est loco stepbani ayet , qui fuit ad ultimum parliamentum , pro eo quod idem stephanus infirmus est : manuc . per . thomas de tailleur alter burgensis de wycumbe , qui ad ultimum parliamentum venit manuc . per. . burgenses ; de wendouer ( two there named ) qui ad ultimum parliamentum ven . manuc . per . manucaptors apeece there returned . nomina militum , civium et burgensium electorum veniendi ad parliamentum secundum contentum brevis . quia reginaldus de ferrers et robertus beaupell milites , qui alias fuerunt ad parliamentum per electionem com. non sunt potentes ad laborand . ad praesens , electi sunt loco eorum henricus de ralegh & nicholaus de kyrkton ; who found manucaptors apeece there returned . nomina civium exon. henry de bokwell , iohannis fartheyn loco nicholai page qui impotens est . pro burgo totton . pro burgo de okampton . pro burgo de lydeford . pro burgo de barnastaple . pro burgo honeton . without manucaptors returned . milites com. hereford manucaptores rici de ba●…ker mil. . man. johannis de acton . cives hereford . with two manucaptors for each . burgenses leominster . butgenses webeleye . with two manucaptors apeece . et proclamari feci prout in brevi continetur . milites com. salop. thomas de rochhale miles , manuc : est per . petrus de syton miles manuc . est per . burgenses salop . burgenses de bruges , , manuc . per two manucaptors each man. milites de com. dors. man. philippi maunbanke . manuc . henrici conore . burgenses de brideport . with two manucaptors for either . burgens . de dorcest . . with two manucaptors apeece . publice proclamari feci per totam ballivam meam ; quod omnes illi qui terras et ten . habent infra metas forestae dom : regis in balliva mea qui perambulationem in aliquo calumniari voluerint , quod sint ad diem et locn̄ in brevi isto content . ostensuri rationes suas et calumpnias si quas habent , secundum formam hujus brevis . milites de com. somerset manucaptores willi : de bere militis . man. hugonis de popham militis . civitas bathon : manuc . willi : leken . manuc petri le wenetour . de bathon . burgus de mileburn . burgus de brigwater . burgus tanton . with two manucaptors for every burgess . publire proclamari feci per totam ballivam meam , quod omnes illi qui terras & tenem . habent infra metas forestae domini regis in balliva mea praedicta , et qui perambulationem in aliquo calumpniari voluerint . quod sint ad diem & locum in isto brevi conteut . ostensuri rationes suas et calumpnias si quas habent secundum formam isti●… brevis . responsum istius brevis est in panello huic brevi attachiato . nomina militum com : wyltes , simul cum nominibus civium et burgensium elect . pro communitate civitatum & burgorum . duo milites ; petrus filius warini , manuc . est veniendi per . willus de cotes , manuc . est eodem modo per . cives sarum , iohannes de braundestone manuc . per . walterus goer manuc . est per two . burgenses de doutone . burgenses de malmesbury . burgenses de chypenham . burgenses de kalne . burgenses de wylton . burgenses de devyses . burgenses de merleberge . burgenses de — — ( torn out of the writ , yet most likely lurdgeshall , by the manucaptors ) they all having two several manucaptors ; et proclamatio facta est secundum formam in brevi regis contentam publice infra ballivam meam . milites com. stafford . radus . basset de sapecote manuc . est per two . henr. marneysin . manucapt . est per two manucaptors . burgenses de stafford two , with two manucaptors apeece . plegii willielmi de blount . pleg . iohannis de foleville . publice proclamari feci per totam ballivam meam , quod omnes illi qui terras et tenem . habent inframetas forestae domini regis in balliva mea , et qui perambulationem in aliquo calumpniare volunt , quod sint in parliamento suo apud lincoln . ostensur . in hac parte rationes et calumpn●…as si quas habent . manucapt . iohannis de deen . manuc . roberti de gayhouse . manuc . burgens . hunt. . having both two manucaptors apeece . nomina militum , manuc : hugonis wake . manuc . iohannis deu. . nomina burgens . northton . with two manucaptors for each : with a publice proclamari feci , &c. in former return●… . radus : de frecheuyle & galfridus de greslye milites , suerunt ad ultimum parliamentum vestrum pro communitate com. derby ; et modo man : sunt de essend . coram vobis apud lincoln , secundum tenorem brevis , viz. radus de frechuyle ; &c. man. per two apeece . burgenses de derby . man : per two apeece ; ut supra . ranulphus de waudesby , & willus d●… chadworth milites , ad ultimum parliamentum pro communitate com. not. man. sunt essendi coram vobis apud lincoln . per two man. apeece . burgenses . pro notingh . with two manuc . nomina militum elect : per com : hugh de louther , & robertus de washeton , with two man : apeece . nomina burg : de appleby . with two manucaptors . the return is torn and unlegible , together with the most of the writ . the writs to the sheriffs of counties mentioned in the clause rolls , and their returns are missing in this bundle , and there is no mention at all in the roll of any writs then issued to the sheriffs of cornwall , or london , nor any such writs to them in the bundle , whatever was the reason of this omission . i have for brevity recited only the names of the knights for these counties , omitting the names of the citizens , burgesses and manucaptors for the most part ; which those who please may peruse in the returns . in this parliament of e. . the great charter of the liberties of england and the forest , were specially confirmed ; and not only several writs issued to sheriffs through all counties of england for their reading , publishing , and due observation , recorded in the cl. roll of e. . d. , . but likewise certain knights or other freeholders were publikely elected by the sheriff , coroners and commonalty of every county throughout england , for the punishing of all trespasses and offences committed against the same , by special patents issued to them by the king and his counsil ; whom they were personally to attend concerning the same ; as is apparent by these two memorable writs , not hither to taken notice of by any to my knowledge , and not improper for this section being * grounded on the printed statute of e. . ch . . rex vic. lincoln . et coronatoribus et communitati ejusdem com. salutem . quia propter communem utilitatem praelatorum , procerum et magnatum ac populi regni nostri concessimus pro nobis et haeredibus nostris , quod magna charta de libertatibus angliae et carta de foresta in singulis suis articulis de caetero teneantur et firmiter observentur : vobis mandamus , quod tres milites , vel alios tres de probioribus , legalioribus et discretioribus liberis hominibus com. praedicti de assensu ejusdem com : sine dilatione eligi , et cos usque ebor : venire faciatis . ita quod sint ibidem in crastino ascensionis domini coram nobis vel consilio nostro , ad faciend . et exequend . ea quae tunc eis ibidem injungetur ex parte nostra pro observatione cartarum predictarum : et habeatis ibi nomina praedictorum militum vel liberor . hominum et hoc breve . teste rege apud westm. . die martii . consimiles literae diriguntur singulis vic. & coronatoribus et communitatibus singulorum comitat. per angliam . claus. e. . d. . rex vic. nortbt . salutem . quia philippus de geyton unus illorum de balliva tua quos nuper de speciali praecepto nostro de tuo et coronatorum ac communitatis comitatus praedicti communi assensu eligi , et usque eborum in crastino ascenfionis domini venire fecisti , ad facienda et exequenda ea quae eis ibidem injungerentur ex parte nostra * pro obserbatione magnae cartae de libertatibus angliae et cartae similiter de foresta , electus est in com. warr. & per nos una cum quibusdam aliis fidelibus nostris de eodem com. assignatus ad transgressiones quas contra tenores praedictarum cartarum ibidem fieri contingat , audiend . et terminand . per quod ad praemissa facienda in com. tuo prout erat electus , nequit intendere quoquo modo : tibi praecipimus , quod loco ipfius philippi de assensu coronatorum et communitatis comitatus tui praedicti ; eligi facias unum alium de probioribus , legalioribus et discretioribus ejusdem comitatus , qui ad hoc in eodem com. tuo una cum ipsis ad hoc ibidem electis , et coram nobis juratis intendat , juxta formam potestatis ipsis electis , et sibi per nos tradendae . et cum eum fic eligi feceris nobis de ipsius nomine constare facias sine mora , ut tunc dictis electis et sibi literas nostras patentes de potestate sua in hac parte fieri faciamus . teste rege apud sanctum edmundum die ju. in and from the former writs , and their various returns , there are sundry things very observable , which i shall note before i pass to the next ensuing . . the occasion of these writs and last parliament ; wit , the examination , confirmation and establishment of the new perambulation of the forests then made and returned to the king by the commissioners specially appointed thereunto for the common profit of the people of the realm , upon the lords and commons earnest requests in former parliaments ; as you may read at large in thomas walsingham , hist. angliae , p. . , , , , . ypodigm . neustriae , p. , , , , . mat. westm. ann. , . my plea for the lords . p. . to . claus. e. . d. . and claus. e. . d. . schedula . . the excellent principle of right and justice comprised in them ; that perambulations of forests , though made and returned by speciall commissioners appointed by the king and parliament , ought not to be ratified as binding , till the reasons , exceptions , and complaints of all persons concerned therein were publikely heard and descided before the lords in parliament ; and they publikely summoned by proclamations in each county , to propound their exceptions and reasons against them , if they had any . which rule ought to be still observed in all other like publike cases , both in and out of parliaments . . the special command and limitation of the king in and by these writs , commanding all sheriffes throughout england , to summon to this new parliament at lincolne , no new elected knights , citizens , or burgesses , except only in the places of such who were dead , sick , or unable to com to it ; but only those knights , citizens and burgesses who were elected and sent to the last parliament before it , by the kings precept . which was accordingly executed , as appears by the sheriffs returns . . a resolution and declaration of the king himself by special writs out of parliament , without the petition , vote , or privity of the commons themselves ; that if any knights of shires , citizens or burgesses elected and returned to parliament be sick , or unable to serve and discharge their duties ; the * king himself may by general or special writs , command , other fitting persons to be elected and sent to parliament in their places ; as well as when they are actually dead : which was accordingly practised this year , as the sheriffs returns attest : and since that resolved and practised in the parliament anno h. . brooke parliament . and cromptons jurisdiction of courts , f. . against the erronious opinion of sir edward cooke to the contrary , instit : p. . and one knight is discharged because made a sheriff , and another chosen in his place . . that all knights , citizens and burgesses elected and sent to parliaments , ought to have full and sufficient power and commission for themselves and the several comminalties of the counties , cities , boroughs for which they serve , to hear , do and consent to such things as shall happen to be ordained by common advice and counsel in those parliaments ; which ought to be comprised in the returns of their elections . . that all old and new knights , citizens and burgesses elected for this parliament , were enforced to put in manucaptors to appear at the day prefixed , who are expressed in all the sheriffs returns . . that these old knights , citizens and burgesses , summoned to this new parliament , are by a special clause in the writ of summons it self , ordered to receive their reasonable expences in coming to , abiding at , and returning from the parliament , from the commonalties of the counties , cities and burroughs , for which they served : for which they usually had special writs only at the conclusions of parliaments ; there being no such clause in any writ of summons i have seen , but thi●… alone . that no sheriffs in their returns make any mention what they had done touching the levying of their wages , but the sheriff of gl●…cester only : of which more in its proper place . . that the sheriffs of those counties wherein there were forests , had one clause in their writs , to make publike proclamation in their counties , that all such who had lands or tenements within the bounds of any forest , should appear before the king in parliament , to sh●…w their reasons and exceptions against the perambulation , if they had any : which was accordingly executed by such sheriffs ; which clause was totally omitted out of the writs to those sheriffs within whose counties there were no forests . . that there is no mention of any writs of summons in this roll issued to the warden of the cinque-ports , to summon and elect any barons of those ports to come to this , nor to the two precedent parliaments . . that though there is special mention made in the writs to the clergie of the kings counsil , and other assistants summoned to this parliament at lincoln , of a conference and treaty to be had in this parliament at lincoln , concerning the right and dominion of the king and his ancestors , kings of england , to and over the realm of scotland ; yet there is no recital of it in these writs to the sheriffs , nor in those to the spiritual and temporal lords . there were two special writs more issued to the two justices of the forests , beyond and on this side trent , to summon all the foresters under them to this parliament : of which in its proper section in due time . i find no more bundles of writs for elections issued to sheriffes now extant in the tower during the reign of edward the . only the transcripts of some of them are in the clause rolls ensuing . the next writ of this nature , is that of clause e. . dorse . . rex vic. ebor. salutem . quia super diversis , & arduis negotiis nos et statum regni nostri , ac pro commodo & securitate ejusdem regni parliamentum in prox : festo sancti michis . london duximus statuend . tibi praecipimus firmiter injungentes , quod de com. praedicto duos milites , et de qualibet civitate duos cives , et de quolibet burgo duos burgenses de discretioribus ipsius comitatus sine dilationeeligi , et ad nos venire faciatis ad diem . et l●…cum praedictos . ita quod dicti milites pro communitate com. praedicti , &c. tunc ibidem habeant sufficientem potestatem ad faciend . quod tunc de communi consilio ordinabitur in praemissis . et habeas ibi nomina militum , civium , & burgensium , et hoc breve . teste rege apud westm. die julii : [ die august . ] consimiles literae diriguntur singulis vic●…omit . per angliam . et ubi est unus vic. duorum com. dicitur sic , quod de utroque com. praedictorum duos milites , &c. ut supra . it is observable , first , that this parliament was called as well for the benefit and security of the people of the realm , as for the weighty affairs of the king and kingdom . ly . that de discretioribus , is the only qualification required in the knights , citizens and burgesses to be elected . ly . that they were to have sufficient power for the commonalty of the counties , cities , and burroughs for which they were chosen , only ad faciend , quod tunc de communi consilio ordinabitur in praemissis . ly . that some were sheriffs of two counties at once ( usual in former times ) and that they had only one writ issued to them , to elect two knights &c. in each county , &c. which they severally returned . claus. e. . dors . . there are other writs issued uic . ebor. & singulis vicecom . per a●…gliam . t. rege apud lewes . die septembr . agreeing in form with the precedent . the next is entred claus. e. . dors . . rex vic. ebor. &c. quia pro quibusdam , &c. usque tractatum . tibi praecipimus , &c. quod de com. praedict . duos milites , & de , &c. de discretioribus & ad laborand . potentioribus , sine dilatione eligi , &c. ita quod dicti : milites plenam & sufficientem potestatem pro se et communitate com. praedicti , &c. divisim ab ipsis tunc ibidem habeant , ad faciend . quod tunc de communi consilio ordinabitur in praemissis : ita quod pro defectu hujusm●…di potestatis negotia praedicta non remaneant infacta . et habeas , &c. teste ut supra . consimiles literae diriguntur singulis uic . per angliam . claus. e. . dors . . & . there are no writs to sheriffs entred with the rest to the spiritual and temporal lords , either of summons or prorogation , but a space left for their entry , with other writs then omitted . cl. e. . d. . there is a writ at large entred , vicecom . ebor. agreeing in form with the last recited : with like writs , singulis vicecom . per angliam ; but in cl. e. . d. . there are no writs to the sheriffs entred , nor yet to the spiritual , but only to the temporal lords . claus. e. . dors . . claus. . e. . dors . . there are writs entred at large , vic. ebor. and claus. e. . dors . . vic. kanc. with consimiles literae singulis vic. per angliam , after every of them , agreeing all in form with the precedent writs , and their dates , recitals are the same with those to the spiritual lords forecited . part . sect. , . in the parliament of e. . at westminster , the king requesting an ayde from the commons then elected by his writs , they granted him the part of their goods upon this condition , that he would answer and redress their grievances , which they then presented , and reduced to . articles , and prayed the king in a modest manner , to redress if he pleased ; who thereupon promised them relief therein , and accordingly gave answers to them in his next parliament at stanford ; thus recorded in claus. e. . m. . dorso . les articles souz escritz baillez a nostre seigneur le roi par la communate de son roialme , a son parlement quil tynt a west : ou ouis de pasch. l'an . de son regne second , en quel parlement , le roi preia daver une aide de sa terre , é les bones gentz granterent au roi le xxv . denier par cien condicion , qil meist conseil et remedie en les articles avantdits . e. le roi a son parlement a staunford commenceant le dimeynge prochein apres la saint jakes , l'an de son regne tiercz , ordena respons et remedie a mesmes les articles . les queux respons et remedie il fist notefier son people a son dit parlement a staunford , et que sont cy dessouz escritz , cest asaver , apres chescun article le remedie que y est ordene . les bone gentz du roialme qui sont cy venuz au parlement , prient a nostre seygneur le roi quil voille , si lui plest , aver regard de son poure poeple qe molt se sente greve de ceo , qil ne sont pas menes si come il deussent estre . nomeement des pointm de la grant chartre , & prie de ce , si lui plest , remedie . estre ce prient a leur seygneur le roi , si lui plest , qil voille oir les choses que molt ont grevez son poeple , & uncore grevent de nouel de jour en auter , per ceux qui se dient estre ses ministres , et mettre en amendement si lui plest . a de primes , de bledz , brees , chans , fresches et alors et toute manere de polaill , peison de meer & de eaw duie pris per ceux qe se diont estre ministres le roy , qe rien ne paent , ne autre certeinete per faille , ne en autre manere ne font au poeple le roi , per quoy son poeple est empoueri . acest article est respondu : qil y avoit une ordinaunce faitz de cieuz prises en temps le roi edward pere nostre seigneur le roy qui ore est , la quele ordenaunce hom entend qe soit covenable par le . roy , et profitable pur son poeple : & voet nostre seygneur le roy qe cele ordenaunce soit tenue & garde en toutz pointz . l'autre , qe le roi per ses ministres prent de chescun tonel de vyn ij . soldz . de chescun drap qe marchandz alieni font venir en sa terre ij s. & de chescune livre de aver de pois iij. deniers , au d'alnage du poeple , et per tieuz prises achate le poeple au tierz denier plus qil ne soloit . nostre seigneur le roi a la request de son poeple grant , qe cete petite custome de vyns , de draps , et daver de pois , soit souztrete et ouste a la volente le roi , pur saver quel profit et quel avantage amestera alui & a son people per cele suztrete , et puis en aur a le roi consail selonc lavantage qil y verra ; sauves toutes voies a nostre seignr . le roi les aunciennes prises et customes aunciennement dues et approves . le tierz ; qe la ou le roi ad commande qe la moneye destrelings qe alott en temps le roi son pere , a qui dieus face mercy feust tenuz aussi bone come elle feust en le temps son pere ; les vendours es citez , burghs , & es autres villes marchandes des obeissament ne le tout pas , mais encontre son mandement vendent au double value , & plus cher en moltz des lieus de sa terre , per quoi la poeple est molt empoveri . le roi voet , qe briefs soient enueez en touz les contez dengleterre a fair crier , qe lo monoie courge a sa droite value , si come elle soloit en temps son pere , et ci sur grevouse peyne & qe hom nencberisse les choses pur la monoye , car le roi la voet maintenir aussi ausi bone come elle soloit estre . le quart ; qe come le poeple se senti molt greve et travaille en temps le roi lour seignr . son pere , a qui deiu face mercy , de ce qe seneschaus et mareschaux plederent moltz de maners des pledz qe a eux nafferoient apleder , et as pleintes de son poeple qe per tieux pledz feust grevez et enpovreux fist remedy et establi certains pointz & articles des queux et de quoi senesch . et mar. douient devant eux aver conissance apleder , les senesch : et mar. qe ore sont , ceux pointz , ne ceux articles ne sount , ne re gardent , ainz enlargissent lour jurisdiction , et lour poair encontre lordenance et establishment son pere , qui deiu face mercy , dont son poeple est molt greve et enpoveri , et de ceo prie remedie . le roi voet , qe senescheaux et mar. ne teignent autre manere de plede ne en autre forme qe nestote ordenez per le roi son pere , qui dieus assoile , et qe ne passent desoremes cele ordenance qest enroulleé en chauncellere . le quint ; que les seneschaux & mars . ou el vount per pais hors de la verge , ou lour poair nest pas , tenent pleds , amercient burghs & villes grevousement sauz garant , et au grefs damage es enpoverissement du poeple , pur quoi le poeple prie remedy . le roi voet , que les pledz de la mareschaucie ne soient tenuz forsque deinz la verge , cest asaver , deins le : lieves enviroun la ou corps le roi serra , et selonc lordenaunce avantdits . le sisme , qe les chevalers , gentz de citez é de burghs . e dautres villes qe sont venuz a son parlement per son commandement , pur eux et pur la poeple e ont petitions a liver per tortz & grevances faites a eux , qe ne poent estre redressees per la commune ley , ne en autre manere saunz especial garant , il ne troeuent hom qe lour petitions recieve , sicome soloit estre au parlement in temps le roi lour seignr . son pere , qui deiu face mercy , et de ce prient sa grace & remedy . le roy voet , qe en ses parlements desoremes gentz soient assignees a receiver petitions , et qe elles soient delivres per son conseil , aussi come * estre soloient en temps son pere . le septisme article , qe la ou le roi ad ses pernours de prises faire en feires et citez , per mi le roialme les pernours le roi pernent plus qe ne besoigne al oeps le roi , ceux mesmesle livrent au autres pur marchander a lour preudemeyne , et au profit a qe il le delivrent , et au damage le roi , et de son poeple ; dont le poeple prie remedie . le roi voet , qe lordenaunce qe sa faite de cieux prises en temps le roy son pere , soit tenue et gardeé , la quelle est contenue es roulles de la chauncellarie . le oytisme , qe per la ou il y ad suite faite selonc forme de ley en les banks nostre seygneur le roi , souent per protections , et per breffs dessouz la targe , sont leur dreitures delaez , a grant damage du poeple . le roi voet , qe protections oue les clauses daquitance de pledz , ne soient grantez desoremes a nulles gentz forsqe a ceux qi vent hors du roialme en le servise le roi pur grosses busoignes du roialme . e le roi ad charge le chanceller qi ne les face en autre manere . et quant es breffs de la targe , la roi voet qe lordenaunce soit garde qe en fust faite en temps le roi son pere , la quelle est en chancellarie . le novism , qe par la ou larons sont enditez de larciniez , r●…beries , homicides , et autres felonies faites , trop logierement purchaunt la chartre le roi de sa pees , per quoi ceux qi les ont enditez ne osent demorer en lour pais pur doute de ceux larons , & plusurs se retreent de enditementz faire per cele encheson , dont le poeple prie remedie . le roi voet , que desoremes ne soit grante pardoun de felonie forsqe en cas ou aunciennement soleit estre grantez , cest asaver , si borne tue autre per mesaventure , ou soi defendant , ou en deuerie , & ce soit troue per record de justices . le disme , qe per la ou les communs pledz du banks le roi de contez douient estre pledez en certein leiu , la veignant les ministres le roi de ses chasteaux et treent en cieu maner les pledz devant les portes des chasteaux , contra la forme de la ley , et de ce prie remedie . le roi voet qe les constables des chasteaux ne destreignent gentz apleder devant eux nul play de foreign conte , ne deinz counte , autrement qe aunciennement soleit estre fait . le viceisme , qe par la ou diverses gentz du roialme tenent lour tenements en chefs du roi et uncore tenuz . eux et lour auncestres du temps dont memoire nest , veignent les escheters le roi , et seisant lour terres et les oustout per enquestes quil fait de lour office , sanz appeller en la court le roi , dont le poeple se sente molt greve . le roi voet , qe gentz et lour auncestres on t tenuz du temps dont il nyad memoire , si come la petition suppose , e les eschetors ne se mellent pur encheson del premier entre . et ordenez est et commander per nostre seignr . le roi , qe a ceux qe se voudront pleinder a chauncellier , qe nul bom soit venus encontre aucun des ditz pointz , le chancellier par brofs du grant seal en face cel remedie come il verra qe face afere pur reson . et le roi ad aussint charge le dit chanceller et ses ministres , qe chescun endroit bien garde les pointz avantditz . he who shall seriously peruse these premised grievances of the commons , which were all they complained of in the parliaments of & edw. . under the * misgovernment of peter de gaveston earl of cornwall , and other the kings ill counsellors who misled him , and were banished , and removed from him by judgement of parliament , will finde them not the thousandth part so many for number , nor so grievous , oppressive , destructive to the persons , lives , liberties , properties , estates , purses of the people by millions of degrees , as those the people and whole nation have lately groaned under for many years , and suffered from their very real or nominal parliaments themselves , their comittees , & the grand pretended gardians , assertors , protectors of their laws , liberties , and enfranchisers of them from regal tyranny and bondage into a misnamed free-state and government , or rather aegyptian or turkish vassallage ; which i desire all conscientious publike-spirited englishman now cordially to contemplate . if the commons in parliament were so zealous to get these few petit grievances redressed then , bought out with a grant only of the part of their goods , and thereupon thus redressed for the future ; how zealous & industrious should they be now to reform all those innumerable transcendent grievances and pressures under which we have so long languished and have paid so many millions of treasure , yea spent whole oceans of english bloud to remove , and yet are not eased nor released from them , nor in probability like to be , being the least of their care , who should redress , petition , protest against them : let this president spurr and excite them to their duties herein , being one of the first petitions of publike grievances exhibited by the commons alone without the lords , to the king , that i have met with in our records ; upon which account , i thought not impertinent to insert it here at large , having transcribed it with mine own hands out of the clause roll it self . the next writ i shall present you with at large being very remarkable , is thus recorded in claus. e. . m. . dorso . rex vic. ebor. salutem . praecipimus tibi firmiter injungentes , quod illos milites , cives & burgenses , de balliva tua , quos nuper ad praesens parliamentum nostrum apud london incboatum demandato nostro venire fecisti , & qui ab eodem parliamento certis de causts recesserunt , bel alios ad hoc idoneos loco eorum , si ad hoc bacare non possint , usque westm. ad idem parliamentum quod ibid●…m duximus continuandum , venire facias . ita quod sint ibidem in crastino sancti martini prox . futur . ad ultimum cum sufficienti potestate comitatus tui , & civitatum et burgorum praedictorum ad consentiendum , &c. teste rege apud london . xi die octobris . by this writ it is apparent , . that there were knights , citizens and burgesses elected and sent to this parliament at london , by the kings writ , though not entred in the roll of summons , claus. e . d. . . . ly , that they departed from the parliament for certain reasons , not expressed , it seems without the kings license . ly . that thereupon the king by this writ commands the sheriff , to resummon them to come to the parliament again , which was adjourned to a certain day , most likely by reason of their departure from it : or else to elect and send other fit persons in their places , if they could or would not attend , sufficiently impowred from the counties , cities , and boroughs for which they served . and that without the vote , order , ejection or privity of the commons in parliament ; who had then no power to remove , eject , imprison , suspend their own members , or issue writs for new elections , as of late they do . claus. e. . d. . i meet with this writ of prorogation , but not with the original writ of summons issued to the sheriff . rex vic. ebor. salutem . licet nuper parliamentum nostrum apud lincoln . ( ut supra archiepiscopo , usque ordinavimus ) tibi praecipimus , quod de com. tuo duos milites , & de qualibet civitate duos cives , & de quolibet burgo duos burgenses de discretioribus & ad laborand . potentioribus eligi , & eos ad nos ad dictos diem et locum venire faceres . ita quod milites plenam et sufficientem potestatem pro se & communitate com praedicti , et dicti cives et burgenses pro se et communitate civium et burgorum praedictorum divisim ab ipsis haberent tunc ibidem , ad faciend . quod de communi consilio nostro ordinari contigerit in praemissis . ita quod pro defectu hujusmodi potestatis negotia praedicta infacta non remaneant . quia tamen versus partes london . &c. ( usque tractabuntur . ) et ideo tibi praecipimus firmiter injungentes , quod milites , cives & burgenses praedictos sine dilatione eligi , & eos ad nos usque westm. ad dictam diem dominicam post dictum festum assumptionis venire facias in forma praedicta . et babeas ibi nomina dictorum militum , civium & burgensium , & hoc breve . teste ut supra . eodem modo mandatum est singulls vic. per angliam . also in claus. . e. . m. . dorso . i finde this special memorial entred . memorandum , quod die lunae prox . ante festum decollationis sancti johannis baptistae anno regis edwardi fil . regis edwardi sexto . dom. rex apud westm. praecepit , quod milites , cives & burgenses qui ad parliamentum regis ibidem summonitum converant pro communitatibus , civibus et burgis angliae , ad propria remearent . ita quod reverterent ibidem in crastino sancti michaelis prox . futur . sub paena quae decet . t. rege apud westm. die augusti . a clear evidence , that the knights , citizens and burgesses then summoned and sent to the parliament , could neither prorogue nor adjourn themselves , nor depart thence , without the kings special license ; which was entred on record , and were liable to a fitting penalty , if they returned not upon the day of prorogation prefixed by the king. i shall only observe by the way ; that whereas the king in his answer to the second article of the commons petition in the * parliament of e. . suspended the petit customs upon wines , cloth , and other merchandize ; that the very next year he issued out writs to the collectors of the customs and officers in england , and to the chief justice , treasurer and barons of the exchequer in ireland , de nova custuma colligenda , to collect these new customs again , not withstanding this his ordinance in the parliament at stamford , because there was nulla utilitas regno , by the ceasing and abating thereof , as appears by the writs of . & . augusti , rot . finium . an. e. . but in claus. e. . m. . there came this countermand by order from the prelates , earls and barons of the realm appointed by commission to reform the abuses of the kings houshold and realm , against the collecting of them and any other new customs and maltots . * rex collectoribus novae custumae lanarum , coriorum , pellium lanatorum et aliarum rerum venalium in portu london salutem . cum praelati , comites & barones dicti regni nostri quibus nuper per literas nostras patentes commissimus potestatem , ordinandi de statu hospitii nostri et regni praedicti , inter * caeteras ordinationes quas super praemissis fecerant , et quas acceptavimus , et per totum regnum fecimus publicari , ordinaverint ; quod omnimodo custumae & maletot levatae post coronationem domini e. quondam regis angliae patris nostri , integrè amoveantur , et penitus extinguantur ; * salvis custumis lanarum , coriorum , & pellium lanatorum ult . vid. de quolibet sacco lanae dimid . marc . & de . pellibus lanat . dimid . marc . & de lasto coriorum unam marcam : vobis mandamus , quod de nova custuma praedicta in portu praedicto percipiend . supersedeatis omnino . t. r. apud london . octobr. per ipsum regem & totum consilium . the like writs then issued to most port towns in england . if we could see the like president now against all new excessive imposts and excises issued to all collectors and other officers after so many years continuance of them , to the ruine of trade , and impoverishing of the nation ( only to enslave them to a new military tyrannical usurping power , and keep on their iron yoaks upon their over-galled necks ) it vvould be a most joyfull spectacle to their eyes , and blessed tydings to their ears , vvhich they have long in vain expected from late publike conventions , which instead of easing , do still renew and continue these heavy yokes and burdens upon them , though a thousand times more grievous than those then complained against and redressed . in claus. e. . m. . . i finde a writ issued by the king willo : de marescall , & mich de segrave , prohibiting , that they come not armed to the parliament , seu alio modo quam tempore clarae memoriae e. quondam regis angl. patris nostri fieri consuevit ; there being a quarrel between them : and dorse . . . . & m. . there are sundry other particulars concerning passages and proceedings in that parliament , worthy perusal , though not proper for this section . and so in cl. e. . m. . . . cl. e. . dors . , . claus. e. . dors . . . . . . cl. e. . m. . dorso . the writ of election entred at large is thus directed , to the sheriff of hertf. and essex . rex vic. hertf. & essex salutem . cum diversa & ardua negotia ( as in the writ to the archbishop . ) tibi praecipimus firmiter injungentes , quod de utroque com. comitatuum praedictorum , duos milites , et de qualibet civitate duos cives , & de quolibet burgo duos burgenses de discretioribus , et ad laborandum potentioribus eligi , et eos ad nos ad dictos diem et locum venire facias . ita quod milites plenam & sufficientem potestatem pro se & communitate com. praedictorum ; et dicti cives & burgenses pro se & communitate civitatum & burgornm praedictorum divisim ab ipsis babeant , and faciend . & consentiend . biis , quae tunc de communi consilto favente domino ordinari contigerit . ita quod , &c. consimiles literae diriguntur singulis uicecom . per angliam . the like writs issued to the sheriff of these two counties , cl. e. . dors . . cl. e. . d. . cl. . e. . d. . cl. e. . dors . . & . cl. e. . d. . . cl. e. . d. . . cl. e. . dors . . ( varying only in the prolognes and dates , like those to the archbishop ) and to all other sheriffs of england . and claus. e. . dors . . the first writ issued vic. norff. et suff. quod de utroque com. comitatnum praedictorum du●…s milites , &c. de discretioribus et al laborand . potentioribus eligi , &c. facias , and to all other sheriffs of england in like form . in cl. e. . d. . l find this writ of prorogation and resummons entred , rex vic. roteland , salut●…m . cum nuper quo quibusdam specialibus negotiis ordinassemus cum proceribus regni nostri apud westm. in oct. sancti hillarii prox futur . habere colloquium et tractatum . tibique praecipissemus quod de com. praedict . duos milites , &c. usque ordinari contigerit super negotiis antedictis . ac cum pro majori commodo & utilitate regni nostri ordinaverimus parliamentum nostrum apud dictum locum tenere westm. a die purificationis beatae mariae virginis prox . futur . in tres septimanas & cum praelatis , magnatibns & proceribus dicti regni super dictis negotiis , & aliis idem regnum tangentibus habere colloquium & tractatum , per quod nolumus , milites , cives aut burgenses praedicti ad locum praedictum in dictis octabis ex causa praedicta accedant . tibi praecipimus firmiter injungentes , quod de com. praedicto duos milites , & de qualibet civitate duos cives , & de quolibet burge duos burgenses de discretionibus , & ad laborand . potentioribus eligi , & cos ad dictum locum westm. in dictis tribus septimanis venire fac . ita quod praedicti milites plenam & . sufficientem potestate●… pro se & communitate com . praed . dictique cives & . burgenses pro se & civitatibus dictarum civitatum & burgorum praedictorum divisim ab ipsis habeant , ad faciend . & consentiend . biis quae in dicto parliamento ordinari contigerit super negotiis antedictis . ita etiam quod pro defectu potestatis hujusmodi dicta negotia infecta non remaneant quovis modo . et habeas ibi nomina dictorum militium , civium & burgensium , & hoc breve . teste rege apud kenilworth , die decembr . per ipsum regem . eodem modo scribitur singulis vic. per angl. so cl. e. . d. . there issued this writ of prorogation and resummons somewhat different from the rest . rex vic. northumb. salutem . licet nuper super arduis negotiis nos & statum regni nostri tangentibus parliamentum apud westm. in quindena sancti andreae prox futur . tenere , ac ibidem per isabellam reginam angliae consortem nostram carissimam , & per edwardum filium nostrum primogenitum , custodem ejusdem regni , nobis extra idem regnum tunc agentibus , atque praelatos , proceres & magnates regni praedicti , habere voluissemus colloquium & tractatum . vobisque praeciperimus quod de communitate com. tui duos milites , & de singulis civitatibus duos cives , & de singulis burgis duos burgenses venire faceres ad diem & locum praedictos . ita quod dicti milites a communitate dicti com. & dicti cives a communitatibus dictarum civitatum , & praedicti burgenses a communitatibus burgorum praedict . plenam & sufficientem haberent potestatem ad consentiend . hiis quae tunc ibidem de communi consilio regni nostri contigerent ordinari . quia tamen quibusdam de causis necessariis & utilibus praedictum parliamentum & tractatum usque in crastino epiphaniae domini prox . jam futur . apud dictum locum westm. tunc tenend . duximus prorogand . tibi significamus , quos praedictos milites , cives & burgenses ad dictam quindenam apud dictum locum westm. ex causa parliamenti & tractatus praedictorum accedere non oportet , & hoc cis scire facias ex parte nostra . tibi insuper praecipimus quod praedictos milites , cives & burgenses venire facias in dicto crastino apud dictum locum westm. cum sufficienti potestate sicut praedictum est . et habeas ibi nomina dictorum militum , civium & burgensium , & hoc breve , & hoc nullatenus omittatis . teste ut supra . eodem modo mandatum est singulis vic. per angl. sub eadem data . the next writs for election issued to sheriffs are these in claus. e. . pars . dors . . vic. ebor. dors . . vic. lincoln . claus. e. . dors . . vic. northumb , with consimiles literes singulis vic. per angl. all in the usual form . in claus. e. . m. dors . the writs to sheriffs , are thus observably enlarged , with their memorable prologue and conclusion . rex vic. ebor. salutem , cum in parliamento nostro . apud eborum convocato , magna & ardua negotia nos & statum regni nostri tangentia proposita suissent quae propter absentiam quorundam praelatorum & aliorum magnatum & procerum regni nostri tunc non poterant terminari : super quibus & aliis diversis negotiis de assensu omnium praelatorum , magnatum & procerum in eodem parliamento nostro tunc existentium , apud northampton a diepasche prox . futuro , in tres sept. a parliamentum tenere , & cum praelatis , magnatibus & proceribus dicti regni colloquium habere ordinavimus & tractatum . tibi praecipimus sirmiter injungentes , quod de dicto com. duos milites , & de qualibet civitate com. illius duos cives , & de quolibet burgo duos burgenses , de discretioribus & ad laborandum potentioribus eligi , & ad dictos diem & locum venire facias . ita quod dicti milites plenam & sufficientem potestatem pro se , &c. ( as in other writs to hoc breve : ) et quia ante haec tempora nogotia in hujusmodi parliamentis tractanda impedita fuerunt , ex eo quod nonnulli magnates cum multitudine ●…umultuosa : hominum armatorum , ad parliamenta illa accesserunt , & populus partlum ubi parliamenta tenta fuerunt dampnificatus extitit & gravatus , per quod , per nos , & consilium nostrum concordatum existit , quod omnes & singuli de regno nostro cujuscunque status seu conditionis fuerint , si ad dictum parliamentum venire voluerint , modo debito , & absque aliqua hujusmodi multitudine , sub forisfacture omnium quae nobis forisfacere poterint , accedant . tibi praecipimus firmiter injungentes , quod in balliva tua ubi meli●… expedire videris publicè proclamari , & ex parte nostra firmiter inhiberi facias , ne quis sub forisfactura praedicta cujuscunque status seu conditionis existit , ad parliamentum praedictum cum hujusmodi multitudine hominum armatorum accedere praesumat , per quod populus noster terreri , seu dicta negotia nostra retardari valeant quovis modo , teste rege apud eborum , die marcii . eodem modo mandatum est singulis vic. per angliam . from which writ i shall observe , . that the writs of summons to parliaments may be altered and enlarged with necessary prologues and clauses , according to the times and emergent occasions , by the king and his counsel , without consent or act of parliament . ly . that the absence of some prelates , lords , and great men from the parliament is a just cause to adjourn or dissolve it . ly . that no weighty affairs ought to be concluded but in a full parliament , when all the lords and members are present ; and not in an empty house , when any considerable number of lords and other members are absent or secluded . ly . that no lords nor other persons whatsoever , though summoned as members , * ought to come to parliaments with a tumultuous multitude of people , followers , and armed men ; it being inconsistent with the freedom and privileges of parliaments , a grand disturbance to their proceedings touching the weighty affairs of the king and kingdom therein propounded , and a great terror and oppression to the people in those places where the parliaments are held ; much less then ought petitioners , or those who are no members , to draw up whole troops , regiments of armed souldiers to terrifie , force , seclude , secure , dissolve the very lords , members , houses , and parliaments themselves . ly . that the king and his counsil alone may by publick writs and proclamations lawfully prohibit the resort of any persons , of what condition soever , to parliaments , with any tumultuous multitude , or armed men , under the pain of forseiting all they have ; and that by the antient common-law of england , as well as by the statute of e. . rastal armer . . it being a chief branch of the kings antient royal prerogative and office , as the act declares . ly . that they may insert this prohibition and proclamation into the very writs of summons themselves , when there is just occasion ; as there was never so much cause as now to do it , after so many unparallel'd eumults and violences offered to members , and raised against parliaments themselves , by tumultuous wultitudes of rude people , and whole troops , regiments , armies of sword-men raised for their defence , to the total , if not final subversion of the antient rights , liberties , and constitution of our english parliaments . in the parliaments of e. . some noblemen and earls , by reason of dissentions between them , and other fears and jealousies , intended to resort to those parliaments with a great number of armed men of their friends and retainers ; which the king being informed of , thereupon issued these memorable writs unto them , expressing the manifold mischiefs and inconveniences thence ensuing , and prohibiting them to come to these parliaments with any arms , horses of warr , or multitudes of people , or to disturb the peace , affright the people of the realm , or hinder the publike affairs of parliament in any kinde , under pain of forfeiting all their lands , tenements , and whatever else they might forfeit to him , worthy the consideration and imitation of present and future ages upon the like occasions . clause e. . dors . . rex dilecto et fideli sno nicho : de segrave , falutem . datum est nobis intelligi , quod vos occasione quarundam dissensionum inter vos , et dilectum & fidelem nostrum willielmum mareschal , nuper subortarum , ad arma vos paratis , & amicos & confederatos vesttos , se parare similiter procuratis , quodque ad parliamentum nostrum quod apud london die dominica proxima post festum sti. laurentii . proximo futur . fecimus summoneri , accedere intenditis cum multitudine armatorum , unde in immensum non immerito commovemur . et quia accessus bujusmodi si fieret , in nostri contemptum , et expeditionis negotiorum nostrorum impedimentum , ac terrorem populi regni nostri et lesionem pacis nostrae cederet manifestè . uobis mandamus in fide et bomagio quibus nobis tenemini , sub forisfactura terrarum ac tenementorum , ac omnium aliorum quae nobis forisfacere poteritis districtè inhibentes , ne ad dictum parliamentum cum armis , seu alio modo , quam tempore clarae memoriae domini e. quondam regis angl. patris nostri consuevit , accedere , aut aliqua alia per quae expeditio negotiorum nostrorum in dicto parliamento retardari , aut pax nostra turbari , seu populus dicti regni nostri quovis modo terreri valeat facere praesumatis . consimilia mandata et inhibitionem fecimus praefato willielmo super negotio antedicto . teste rege apud berwic . super twed. die julii . eodem modo mandatum est praefato willielmo de mareschal . t. ut supra . cl. e. . dors . . rex dilecto et fideli suo gilberto de clare comiti glouc. & hereford , salutem . intelleximus , quod ad praesens parliamentum nostrum apud westm. continuatum , estis cum equis et armis , more non debito venientes , unde admiramur non immerito et turbamur ; praesertim cum per hujusmodi accessum vestrum ibidem expeditio negotiorum nos et statum regni nostri tangentium in dicto parliamento nostro tractandorum impediri , et populus partirum illarum ac alibl in regno nostro , terreri posset non modicum , et pax nostra turbari . vobis igitur mandamus in fide et homagio quibus nobis tenemini firmiter injungedtes , quod ad dictum parliamentum nostrum ad tractandum nobiscum , et cum praelatis ac magnatibus de regno nostro super dictis negotiis veniatis , prout tempore clarae memoriae domini e. quondam regis angl. patris nostri fieri consuevit , equis pro armis vobiscum ibidem nullatenus adducentes , nec aliquid aliud attemptantes per quod pax nostra turbari , aut populus noster terreri valeat quovis modo . t. apud westm. die novemb : per ipsum regem . eodem modo mandatum subscriptis , viz. thomae comiti lancastr . humfr. de bohun comiti heref. & essex , adamaro de ualenc . com : pembroke , guidoni de bello-campo com : warr. edmundo com. arundell . it seems notwithstanding those writs , * there were some forces raised by these earls and nobles , principally against peter gaveston ; which produced these ill effects ; . it terrified most of the knights , citizens and burgesses , and caused them to depart home , and desert the parliament ; so as the king was enforced to issue out new writs , to resummon them , and to command the sheriff to elect others in their places , in case they would not or could not come ; as is evident by the writs in dorse of cl. . e. . forecited , p. . ly . it frighted away most of the kings justices and counsil from the parliament ; so that he was constrained to resummon , and command them not to depart from the parliament during its continuance , without his special license , as appears by this ensuing memorable writ . cl. e. . d. . rex dilecto et fideli suo roberto de retford salutem . nuper vobis ex parte nostra suit injunctum , quod una cum caeteris de consilio nostro in praesenti parliamento nostro london ad tractandum ibidem super diversis negotiis nos et statum regni nostri tangentibus moram continuam faceretis , quousque aliud inde praecipissemus . vosque mandatum nostrum , in hac parte minus justè ponderantes , à dicto parliamento , caeteris de consilio nostro ibidem circa dicta negotia nostra tractantibus , ad alias partes vos elongasti●… , unde admiramur non modicum , et merito conturbamur . vobis igitur mandamus in fide qua nobis tenemini sirmiter injungentes , quod statim visis praesentibus , omnibus aliis praetermissis ad dictam civitatem cum omni festinatione accedatis , ibidem cum caeteris de consilio nostro super dictis negotiis tractaturi , vestrumque consilium impensuri , et exinde sine licentia nostra speciali durante parliamento praedicto nullaten us recedatis . et hoc ficut indignationem nostram vitare volueritis nullo modo omittatis . t. rege apud haddelye die septembr : per consilium . eodem modo mandatum est subscriptis , viz : willo : de ormesby , rico : de bereford , henrico de staunton , johi . de mitford , henrico le scrop , henrico de guldeford , willo : de colneye , willo . de goldington , johi : de insula , johi : de doncastr . johi : lovell de snotescumbe , rico de rodeneye , johi : cheynel , willo : de bourne , johi : de batesford , rog●…ro de scotre . ly . it necessitated the king to adjourn the parliament till a further time , and much hindred the publike affaires of the king and kingdom , which should have been dispatched therein , as is evident by the writ of prorogation . cl. e. . dorso . and what sadder effects such armed tumults and souldiers have of late years produced , not only to the disturbance of the publike peace and affairs of the realm , and parliament , but to the very ruin of the king , parliament , kingdom , lawes , liberties themselves , we have seen by sad experience ; therfore we should use all good and effectual means for the future prevention of such tumults , armed powers and mischiefs , when and where any parliaments are convened . the next writs are in claus. e. . dors . . vic. northumbr . recited at large , with cons. literae singulis vicec . per angl running all in the ordinary form , having the same recitals and dates with those to the prelates forecited , section . but in dors. . of this year , i find this memorable writ of proclamation issued to all sheriffs cf countles , after the writs of elections sent unto them , to direct them and the people what persons they should then elect for their knights , and inviting all that were grieved by the kings officers to complain against them in parliament to the king himself , or such as he should appoint who should give them full and speedy relief : there being the like writs formerly issued to them by king edward the first , claus. e. . dors . . quod vit. singuli venire fac . illos qui de ministr . rs. conqueri voluerint , quod veniant apud westm. coram certis justiciariis assignandis , to exemine and redress all offences , misdemeanours and oppressions , dum rex erat extra regnum . * le roy a viscount de lancastr . falutz . pur ce que nous avomous entendues , que diverses oppressions et duretes ount este faits sur plusours gentz de nostre roilme , per acunes q'uont estre nos ministers en diverses offices , et auxint per acunes gentz de nostre rollme , auxibien nouz consealers come autres , tant come nous besoigne per reason de la tendernes de nostre age , ount este meney per acunes gentz a damage et dishonor de nouz , la quelle chose nous ne voloms desore soeffrer , et nos avoms mult grant desire que tiels choses fuissent m●…s en estat due , et les tortes , et misprisions , redresses . vous mandoms et charge●…nt en la foi que vous nous devoz , que hastiment sanz delay , faitz crier per mi vostre bailive auxibien deinz franchise come dehors , que toutz ceux que se vodroint pleindre des oppressions , duretes ou autres grievance a eux faitz countre droiture et : les loyes , et les usages de nostre roilme , veigne it a westm. a cest nostre prochein parlement , et monstrent illeoqes lour plaints a nous , ou a ceux que nous ferront a ce deput , et nous lour feroms fair covenable . et hasti●… , remede , dont ils se devient aggreer per reason . et pour ce que avant ces heures ascunes , des chivalers qe sont venus as parlements pour les communautes des countees ount estre gentz de coveigne et maintieners des fauses querels , et nount mi seoffree que les bones gentz poient monstrer les grievances du comune poeple , ne les choses que deuseant avoir este redresses en parlement , a gran●… damage , de nous et de nostre poeple , vos mandoms et chargeoms qe vous faces eslier per come assent de vestre counte●… , deux des plus leaux et plus suffisouns chivalers et * sergeantz de mesme le countee que soient mi suspiciouns de male coveigne ne communes meinteir●…ours des parties , d'estrez a nostre parlement selonc le forme de nostre mandement que vous en aves . et ceo ne lessez si come vous voilliez eschuer nostre grief indignation : don a woodstock le triers jour de november , per ipsum regem . eodem modo mandatum est singulis , vic. per angl. a fit writ to be now revived . the next writs are those in claus e. . dors . . rex vic. eborum salutem . cum pro magnis & arduis negotiis nos & statum a●… regimen regni nostri specialiter contingentibus de consilio praelatorum & magnatum nobis assistentium , ordinavimus parliamentum nostrum apud westm. in crastino sancti michaelis prox . futur . tenere , & cum praelatis , magnatibus & proceribus dicti regni habere colloquium & tractatum . tibi pr●…cipimus firmit●…r injungentes , quod de dicto com. duos milites , & de qualibet civitate com. illius duos cives , & de quolibet burgo duos burgenses , de discretioribus , & ad laborandum potentioribus eligi , & eos ad dictos diem & locum venire facias . ita quod dicti milites plenam & sufficientem po●…estatem pro se , & pro communitate com. praedicti , & dicti cives & burgenses , pro se & communitate civitatum & burgorum divisim ab ipsis habeant ad faciend . & consentiend . biis quae tunc de communi consilio favente domino ordinari contigerit super negotiis antedictis . ita quod pro defectu potestatis hujusmodi dicta negotia infecta non remaneant quovis modo . et habeat ibi nomina praedictorum militum , civium & burgensium , & hoc breve . teste ut supra . eodem modo praeceptum est singulis vic. per angliam . the like in all respects , except in the recitals ( being alwayes the same with those to the spiritual and temporal lords , relating in special or general the causes of summoning each parliament , and in the times and places of the parliament , and dates of the writs ) issued to the sheriffs , and are entred in the same order as those preceding , in cl. e. . d. . claus. e. . d. . . . claus. e. . part . d. . claus. e. . dors . . claus. e. . d. . . claus. e. . d. . . cl. e. . pars . d. . . cl. e. . pars . d. . cl. e. . pars . d. . where you may peruse them . but in cl. e. . dors . . there is this writ of prorogation and resummons entred . rex vic. ebor. salutem . cum nuper parliamentum nostrum quod apud ebor. in diem lunae in festo sancti hillarii prox futur . tenere ordinavimus , usque ad octabas purificationis beatae mariae virginis prox . futur . prorogavimus apud eundem locum tunc tenend . et tibi preceperimus , quod de com tuo milites duos , &c. venire faceres , ad faciend . et consentiend biis quae tunc de communi consilio ordinari contigerit super quibusdam negotiis nos et statum regni nostri tangentibus . ac propter diversa nova nobis et dicto regno nostro permolesta , quae in partibus transmarinis jam noviter emerserunt , &c. ( as in the writ to the archbishop ) idem parliamentum usque diem lunae prox . post festum sancti matthaei apostoli prox . futur . apud westm. tunc tenend . duximus prorogand . tibi praecipimus , quod praemuni●…i fac . milites , cives & burgenses praedictos , quod ad octabas praedictas ad dictum locum ebor. ex causa parliamenti non veniant ista vice . praecipimus insuper tibi firmiter injungentes , quod eosdem milites , gives et burgenses sic electos , vel alios eligend . si electi non fucrunt , in forma praedicta eligi , et eos ad dictum locum westm. ad praedictum diem lunae venire facias . ita quod milites plenam et sufficientem potestatem pro se & communitate com. praedicti habeant , &c. ( ut supra . ) usque hoc breve . teste ut supra . eodem modo mandatum est singulis vic. per angl. in claus. e. . pars . dors . . the form of the writ for elections to the sheriffs , is thus notably varied . rex vic. eborum salutem . cum quaedam ardua & urgentia negotia nos , et honorem nostrum , statumque regni nostri contingentia in parliamento nostro apud westm , in quindena sancti michaelis prox . praeterito summonito , praelatis , proceribus ct communitati dicti regni ibidem existentibus exposita extitissent , super quibus eadem communitas tempus ad deliberand . petiit , supplicans quoddam aliud parliamentum statim infra breve , ut tunc deliberatione hujusmodi valeret expofitis maturius responderi , per quod de avisamento praelatorum et procerum praedictorum necnon ad dictae communitatis hujusmodi supplicationem , ordinavimus , quod super hiis et aliis urgentissimis negotiis tam nos et expeditionem guerrae nostrae , ac jura nostra et coronae nostrae in partibus transmarinis , quam defensionem dicti regni ceterarumque terrarum nostrarum contingentibus , parliamentum nostrum apud westm. in octabis sancti hillarii prox . futur . teneatur . nos advertentes , quod negotia nostra in parliamento nostro hactenus agitata saepius impedita fuerunt et etiam retardata , ita quod electiones de militibus , civibus et burgensibus pro communi●…tibus com : civitatum et burgorum ad parliamenta illa venientibus minus factae provide exiterunt . tibi praecipimus districtius injungentes , quod de dicto comitatu tuo duos milites gladiis cinctos , et de qualibet civitate com. illius duos cives , et de quolibet burgo duos burgenses de discr●…tioribus et probioribus militibus , cidibus et burgensibus com. civitatum et burgorum , et eosd●…m ad laborand . potentioribus , eligi , et eos ad dictos diem et locum venire facias . ita quod iidem milites plenam et sufficientem potestatem pro se et communitate com. praedicti , & dicti cives ac burgenses pro se et communitatibus civitatum et burgorum divisim ab ipsis habeant , ad faciend . et consentiend . hiis quae tunc de communi consilio nostro , favente domino , ordinari contigerit super negotiis antedictis . ita quod pro defectu potestatis hujusmodi , seu propter improvidam electionem militum , civium aut burgensium praedictorum ( quam tibi si aliter quam praedictum est facta fuerit imputabimus ) dicta negotia infecta non remaneant quovis modo ; & habeas ibi nomina praedictorum militum , civium et burgensium , et hoc breve . teste ut supra . per ipsum regem , et dictum custodem & consilium . eodem modo mandatum est singulis vicecomitibus per angliam . from wheuce it is observable , . that the commons in parliament ought not rashly to determine , or give answer to any business of great moment propounded to them , without due time and consideration ; and that they may justly desire convenient time to deliberate upon it , till another parliament shall be summoned for that purpose ; as they did here : which the king upon their petition , and the advice of the prelates and great men , assented to by his cussos regni . . that the indiscreet and improvident elections of unfitting , undiscreet , dishonest , insufficient knights , citizens and burgesses , is a frequent occasion of hindering and retarding the great and weighty affair●… of the king and kingdom in parliament , and cause of their miscarriage without good effect . . that the blame of such improvident elections , is much to be imputed to the sheriffs , as well as electors . . that the clause of gladiis cinctos , was first added to duos milites by this writ , not being in any former writs ; that so none but actual knights by order , as well as tenure , might be elected and returned . . that the word probioribus , is superadded to discretioribus et ad laborandum potentiaribus militibus , civibus et burgensibus , &c. extant in none of the precedent writs since h. . and legalioribus omitted . . that there was no alteration at all now made in the writs to the warden of the cinque-ports , continuing as before , but only in those to sheriffs for electing knights , citizens and burgesses . the next succeeding writ in claus. e. . pars . dors . . runs in the usual form , yet with duos milites gladiis cinctos , &c. de discretioribus et probioribus militibus , civibus et burgensibus com. civitatum et burgorum eorundem , et ad labor and. potentioribus eligi , &c. but de probioribus is omitted out of the writ to the warden of the cinque ports . in dors . of this roll , gladiis cinctos is omitted in the writs to sheriffs , as it is in claus. e. . pars . d. . cl . e. pars . d. . ( where probioribus is changed into legalioribus ) cl . e. pars . d. . ( probioribus is used , and legalioribus omitted ) as it is likewise in claus . e. . pars . d. . claus . e. . pars . d. . in claus. e. . p. . d. . the writ is duos milites &c. de discretioribus et probioribus , &c. to hoc breve . then follows this notable clause , et scire vos volumus , quod dictum parliamentum non ad aurilia seu tallagia apopulo dicti regni nostri petenda , vel alia onera eidem populo imponenda , sed duntarat pro pro su●…titia populo nostro super dampuis et gravaminibus sibi illatis faciend . et pro tractatu super dictis negotiis , ut praemittitur b●…end . fecimus summoneri . teste ut supra . per ipsum regem . consimilia brevia diriguntur singulis vio per angliam , sub eadem data . this last clause ( which would now be very welcom and seasonable to all sheriffs , counties , cities , boroughs , ports in writs for elections ) shewes the true , proper , genuine principal end of summoning parliaments , and what they should principally intend : the calling of them heretofore , & in latter ages , changes , only to grant ayds , raise monies , advance the ambitious or covetous designs of others , instead of the peoples ease , profit , and redress of their grievances , damages , oppressions , being a grand abuse , as andrew horne long since resolved under edward the . in his mirrour of iustices , ch . . p. . claus. e. . pars . d. . the writ to the warden of the cinque ports is registred before that to the sheriffs , ( as it is likewise in dorso . and sundry other succeeding rolls ) which is only , duos milites , &c. de discretioribus & probioribus &c. but the writs to the sheriffs , dors . . are thus varied . tibi praecipimus firmiter injungentes , quod de comitatu tuo duos milites gladio cinctos , et ordinein pilitarem habentes , et non alios ( in the negative as well as affirmative ) et de qualibet civitate com : illius duos cives , et de quolibet burgo duos burgenses de aptioribus , discretioribus , probioribus , et fide dignis militibus , cibibus et burgenssbus com : civitatum et burgorum eorundem eligi , &c. ita quod pro defectu potestatis hujusmodi , aut propter improvidam electionem militum , civium & burgensium praedictorum , dicta negotia infecta non remaneant quovis mode : per quod ad se ( te ) tanquam ad impedimentum negotiorum nostrorū praedictorum materiam babeamus graviter capiend . et habeas ibi nomina , &c. the like clauses are in the writs of prorogation claus. e. . pars . d. . but there is no alteration or new clause at all in any of the writs to the cinque-ports , which still retains , duos barones de discretioribus , & ad laborand . potentioribus , &c. having only seu propter improvidam electionem baronum praedictorum , &c. added sometimes in the last ita quod , &c. where the writs to sheriffs have it . in claus. e. . pars . m. . dorso , there is this addition and limitation in the writs then issued to all the sherifs through england , quod de comitatu tuo duos milites , &c. de discretioribus et probioribus militibus , civibus , et burgensibus , & ad laborand . potentioribus , dut non sunt placitorum aut querel arum manutentores , aut ex hujusmodi questu viventes , &c. ( in the negative ) sed homines valentes et bonae fidet , & publicum commodum diligentes eligi , &c. ( in the affirmative . ) very necessary and just general limitations , directions both for the electors and sheriffs to observe , with a seu propter improvidam electionem militum , civium , aut burgensium praedictorum negotia nostra infecta non remaneant quovis modo . the self same limitations are in the writs to all sheriffs in claus. e . pars . dors . . cl . . e. . d . & claus. e. . dors . . but not in those to the cinque ports in these or other rolls . i meet with these unusual writs both to sherifs of counties , mayors , and bailifs of cities , burroughs , and to the warden of the cinque ports , in claus. e. . m. . dorso , worthy special observation . rex vic. kanc : salutem . quia per magnis et urgentibus negotiis , &c. ( ut supra , part . p. ) usque ibi remedium et tunc sic , cum praelatis et magnatibus , ut supra usque ibi tractatum . tibi praecipimus firmiter injungentes , quod unum militem de provectioribus , discretioribus , et magia expertis militibus com. praedicti , de assensu ejusdem com. eligi , et eum ad diem et locum praedictum venire facias . ita quod idem miles pro se et communitate com. praedicti plenam et sufficientem potestatem habeat ad tractand . consulend . et consentiend . hiis quae tunc divina favente clementia contigerit ordinari super negotiis antedictis . et ut homines ab ista occupatione autumpnalibus qu●… minus possumus retrabamus , unum tantum militem de quolibet comitatu ad dictum consilium mittend . habere volumus ista vice . nos de die receptionis praesentium , & per quem tibi delatae fuerint certificans tunc ibidem . teste ut supra . consimilia brevia diriguntur singulis vic. per angliam sub eadem data . consimile breve dirigitur henrico com. lancastr . mutatis mutandis , sub eadem data . rex uicomitibus london salutem . quia pro magnis & urgentibus negotiis , &c. ut supra usque tractatum : & tunc sic . vobis firmiter injungentes quod duos cives de provectioribus , discretioribus , & magis expertis civibus civitatis praedictae de assensu ejusdem civitatis , &c. ut supra . mutandis mutandis , usque ad amedictis : et tunc sic ; nos de die receptionis , &c. ut supra . teste ut supra . rex majori et ballivis civitatis suae eborum , salutem . quia , &c. ut supra usque ibi tractatum : et tunc sic . vobis praecipimus firmiter injungentes , quod unum civem de provectioribus , discretioribus , &c. ut supra , usque ibi antedictis : & tunc sic . et ut homines ab istis occupationibus autumpnalibus quo minus possumus retrabamus , unum tantum civem de qualibet civitate ad dictum con●…lium miltend . habere volumus , ista vice . nos de die , &c. ut supra . teste ut supra . consimilia brevia diriguntur major●…bus et ballivis civitatum et burgorum subscriptorum sub eadem data , viz. majori & ballivis de norwich pro uno cive . majori et ballivis de kingeston super hull , pro uno burgense . ballivis de sancto botho , pro uno burgense . majori & ballivis bristoll , pro uno burgense . majori & ballivis de villa southampton , pro uno burgense . majori & ballivis cicestr . pro uno cive . ballivis villae magnae jernmutb , pro uno burgense . majori & ballivis villae de lenn : pro uno burgense . majori & ballivis lincoln . pro uno cive . rex dilecto & fideli suo bartho . de burghershe , constabulario castri sui dovor , & custodi quinque portuum suorum vel ejus 〈◊〉 tenenti , salutem . quia pro magnis & urgentilus negotiis , &c. vobis mandamus firmiter injungentes quod de quinque portubus praedictis duos barones de provectoribus , discretioribus , & magis expertis baronibus portuum praedictorum eligi , & eos ad diem & locum venire faciatis . ita quod iidem barones plenam & sufficientem potest . pro se & commun . portuum babeant ad tract and. consulend & consentiend biis quae tunc divina favente clementia de communi consilio contiger it ordinari . et ut homines ab ista occupatione autumpnalibus quo minus possumus retrabamus duos tantum barones de portubus prae dictis ad dictum consilium mittend . habere volumus , ista vic . nos de die receptionis praesentium , per & quem vobis dilatae fuerint certificantes tunc ibid. test. ut supra . in these writs there are these several things remarkable . . the occasions of them , pro magnis & urgentibus negotiis & novis subitis ad nos perlatis , nos & statum , ac jura regni nostri angliae , summe concernentibus , super quibus festinum & providum oportet exhiberi remedium , as the writ to the * arch-bishop recites , and the ut supra in these writs refers to . ly . the title given to this convention , not parliamentum , but consilium , as the latter clauses of these writs : ad dictum consilium , and the marginal note in the roll , summonitio consilii import . ly . the persons summoned to it , namely , the arch-bishops , bishops , one prior , one abbot , the earls , and temporal lords and barons , the kings justices and counsil , as well of the clergy as laity : but one knight only , and no more out of every shire for the whole shire , citizens out of london only , but one citizen and burgesse alone out of every other citie and borough , and barons , but no more out of all the cinque-ports . ly . the extraordinary qualification of the knights , citizens , burgesses , and barons to be elected , who are limited to be de provectioribus , discretioribus , & magis expertis militibus , civibus , burgensibus & baronibus . ly . the reason rendered why one only in each of these was at this time prescribed to be elected , and no more , was , ut homines ab ista occupatione autumpnalibus quo minus possumus retrabamus . ly . the clause of the plenary and sufficient power they were to have for themselves , and the commonaltyes who elected them , ad tractand . consulend . & consentiend . hiis quae tunc divina favente clementia de communi consilio contigerit ordinari super negotiis ante dictis , varyes from former clauses . ly . the certificate required from all to whom these writs issued , nos de die acceptionis praesentium , & per quem tibi dilatae fuerint certificans tunc ibidem ; not usual in other writs . ly . that writs issued to sheriffs , only to choose one knight , but not to elect any citizen or burgess within their counties , the writs for their elections now issuing to the maiors , sheriffs , bayliffs of each city and borough , not to the sheriffs . there are other forms of writs somewhat like unto these last recited , thus registred in claus. e. . m. . dors . not unworthy special observation , issued to sheriffs of counties , mayors , sheriffs , bayliffs ' of corporations & cities , which i shall present you with . rex vic. lanc. salutem . quia pro magnis & urgentibus negotiis , nos & statum regni nostri angliae concernentibus , cum prelatis , magnatibus , proceribus , & aliis fildelibus dicti regni nostri apud westm. die lunae prox . post festum sancti mathaei apostoli prox . futur . colloquium habere volumus & tractatum . tibi pr●…imus firmites injungentes , quod unum militem gladio cinctum de discretioribus & magis expertis militibus com praedicti , de assensu ejusdem comitatus , sine dilastone eligi , & eum ad dtem & locum praedictos venire facias . ita quod idem miles pro se & pro communitate com. praedicti plen●…n & sufficientem petestatem habeat ad tractand . consulend & consentiend . hiis quae tunc divina favente clementia , contigerit ordinari super negotiis antedictis , & hoc nullatenus omittatisi teste ut supra . eodem modo mandatum est singulla vicecomitibus per angliam sub eadem data . rex dilecto & fideli suo bartho . de burghersh . constabulario castri sui dov . &c. vobis mandamus , &c. quod de quolibet portuum praedictorum unum baronem de discretionibus & magis expertis baronibus portuum eorundem eligi , &c. ita quod iidem barones plenam & sufficientem potestatem pro se & communitate portuum praedictorum habeant ad tractand . &c. ut supra . rex majori & vicecomitibus london , &c. ut supra . quod duos cives de provectioribus & discretioribus & magis expertis civibus civitatis predictae , de assensu ejusdem civitatis sine dilatione eligi , &c. ita quod lidem cives pro se , &c. & hoc nullatenus omittatis . eodem modo mandatum est majoribus & ballivis civitatum & burgorum subscriptorum , de duobus civibus sive burgensibus mittendis , sub eadem data , viz. majori & ballivis civitatis karliol . majori & ballivis villae novi castri super tynam . majori & ballivis civitatis eborum . majori & ballivis villae de kingeston super hull , majori & ballivis civitatis lincoln . majori & ballivis villae cauntebrigg . ballivis villae de santo botho ( botolph . ) ballivis civitatis norwich . majori & ballivis de bristol . majori & ballivis villae southampton . majori & ballivis cicestr . ballivis magna jernemuth . ballivis de gippewico . majori & ballivis de lenn . majori & ballivis civitatis wynton . majori & ballivis gloucestr . majori & ballivis civitatis sarum . majori & ballivis civitatis exon. majori & ballivis bathon . majori & ballivis wellen. majori & ballivis de coventr . majori & ballivis de lichefeld . majori & ballivis civitatis wigorn. majori & ballivis civitatis hereford . mojori & ballivis villae northampton . majori & ballivis civitatis cantuar. majori & ballivis civitatis roffen . majori & ballivis bedford . majori & ballivis de bokingham . majori & ballivis oxon. majori & ballivis elien . majori & ballivis notingham . majori & ballivis derb. majori & ballivis salop. majori & ballivis stafford . majori & ballivis warwick . majori & ballivis leicestr . the things most observable from these writs are these . . that in the margin of the roll , these writs are stied summonitio consilii : that the word parliamentum is not mentioned in them , but colloqu . & tractatum , and in the prologue to the printed statute of the staple , e. . it is styled , dur great counsel at wettminster . ly . that both the arch-bishops , all the bishops , abbots , priors , earls , temporal lords , and kings counsel usually summoned to former parliaments , were summoned to this great council , and citizens and burgesses out of every city , and chief , ( but not * petty ) borough , by special writs issued to their maiors and bayliffs only , not to the sheriffs of counties as usually ; and yet but one knight out of every county , and one baron out of every of the cinqueports was summoned thereunto : which is thus expressed in the very printed prologue to the statute of the staple made therein , anno e. . . whereas good deliberation had with the prelates , dukes , earls , barons , and great men of the counties , that is to say , of every county one ( knight ) for all the county , and of the commons of cities , and boroughs of our realm , of england summoned to our great counsel , &c. ly . that the principal cause of summoning this great counsel , was the setling of the staple for england , wales , and ireland , and making laws and ordinances for the same , by the counsel and common assent of the said prelates , dukes , earls , and barons , knights and commons , as the prologue to the statute of the staple made therein , and the statute it self resolves us : which principally concerned cities and boroughs . ly . that the knights , citizens , burgesses , and barons to be elected and sent thereto , were limited to be , de discretioribus & magis expertis militibus , &c. and to have plenam & sufficientem potestatem ad tractand . consulend . & consentiend . &c. as in the precedent writs . ly . that the number of the cities and boroughs to which special writs issued were . besides london , and the cinque-ports , entred promiscuously without any alphabetical or other order , as the clerks pleased , but none out of cornwall or small boroughs . ly . that in e. . a parliament was summoned for confirmation of the ordinances and statutes for establishing the staple made in this great councel , wherein they were confirmed , with certain declarations and additions , to be firmly kept and holden for a statute to endure for ever , as the printed act of e. . c. . the parliament , and statute rolls inform us . therefore no binding acts till then . the next writs for electing knights , citizens and burgesses , are in claus. e. . dors . . the writs to the sheriffs are , duos milites , duos cives , & duos burgens . de discretioribus , & provect . & ad laborand . potentioribus , qui non sunt placitatores , quaerelarum manutentores , aut ex hujusmodi questu viventes , sed homines valentes & bonae fidei , ac . publicum commodum diligentes eligi , &c. ( as in claus . e. . pars dors . . forecited , ) and those in claus . e. . dors . . are both the same with these in all clauses , except in their dates , and the dayes , places of the pailiament , though the writs of prorogation dors. . vary from them , having duos milites gladiis cinctos , &c de discretioribus , & probioribus militibus , &c. & ad laborand . potentioribus , only in them . clause e. . dors . . the writs , to the sheriffs are only , duos milites , duos cives , & duos burgenses , de discretioribus , probioribus militibus , civibus , & burgensibus , & ad laborand . potentioribus , with a seu propter improvidam electionem , &c. in the ita quod , &c. which clause is in the writ to the warden of the cinque-ports , entred after those to sheriffs . but the writs to the sheriffs , dors . . of this roll run thus . rex , vic. kanc. &c. tibi praecipimus firmiter injungentes , quod de com. tuo duos milites , gladiis cinctos , & de qualibet civitate com . illius duos cives , & de quolibet burgo . duos burgenses , de discretioribus & probioribus militibus , civibus , & burgensibus , com . comitatuum & burgorum eorundem , et de elegantioribus personis eligi , &c. ita quod , &c. seu propter improvidam electionem militum , civium , aut burgensium praedictorum , dicta negotia nostra infecta nō remaneant , &c. et habeas ibi nomina praedictorum , militum , civium & burgensium , & hoc breve . et scire facias eisdem , quod propter arduitatem negotiorum praedictorum & celeriorem expeditionem eorundem , volumus primo die parliamenti personaliter interesse , per quod nolumus , nec intervimus aliquem ad dictum parliamentum summonitum quin eodem primo die personaliter intersint , habere ullo modo excusatum , seu excusationem inde admittere aliqualem . teste ut supra . consimilia brevia diriguntur fingulis vicecomitibus per angliam , nec non henrico duo ci lancastr . vel ejus locum tenenti , sub eadem data in these writs i observe , . a new qualification , de elegantioribus personis in no writs else before or after . ly . an unusual clause in the close of them ; strictly requiring every person summoned to this parliament , to be personally present at it on the very first day thereof without any excuse . an infallible argument and clear evidence , that all members of parliament duly elected or summoned , ought personally to appear therein at the * very first day , and none of them to be suspended , secluded , ejected by their fellow-members , or others . ly . that no excuses ought to be admitted for the non-attendance of persons duly summoned to parliaments . ly . that the king alone is and ought to be the principal judge of members excuses for absenting from parliament , & the only person who can and ought to dispence with their non-attendance , since the parliament is his parliament , court , council , summoned only by his writs and precepts , for his and the publick businesses ; not the lords or commons , who cannot dispence with absent members without or against his consent . in claus. e. . dors . . there is this new addition in the writs to sheriffs . rex vic. kanc. &c. quod de com. tuo duos milites , &c. de discretioribus , & probioribus militibus , civibus , & burgensibus , &c. ita quod iidem milites in pleno comitatu tuo eligentur , & plenam & sufficientem potestatem pro se , &c. ita quod , &c. seu propter improvidam electionem militum , &c. with a scire facias eisdem quod propter arduitatem negotiorum praedictorum & celeriorem expeditionem eorundem , &c. as in the last preceding writs ; but in the writs in this roll , dorse . to another parliament this year , these new clauses are left out . in the clause roll , anno e. . d. . there is this observable variation in the writs to sheriffs . rex vic. kanc. &c. quia super quibusdam arduis , &c. parliamentum nostr . apud westm. &c. tenere ordinavimus & cum praelatis , magnatibus , & proceribus dicti regni colloquium habcre & tractatum . tibi praecipimus , &c. quod de com. praedicto duos milites , &c. de discretioribus , melioribus et ualidioribus militibus , civibus , & burgensibus eligi , & eos ad dictum diem & locum venire facias . ita quod iidem milites pro se & communitate com. praedicti , dictique cives & burgenses pro se , &c. plenam & sufficientem potestatem ab ipsiis communitatibus habeant , ad consentiend . hiis quae per nos ac dictos praelatos , magnates et proceres ordinari contigerit favente domino . et hoc sicut te indempnem servare voluer is , nullatenus omittas , & habeas ibi nomina militum , &c. the writ to the warden of the cinqueports runs likewise in this form , de quolibet portu portuum praedictorum duos barones de melioribus , validioribus , & discretioribus baronibus : without any other variation from the usual form . the self same clauses are in both these writs in claus. e. . dors . . claus . e. . dors . . claus . e. . d. . claus . e. . dors . . & claus . e. . dors . . all in the self-same form and words . from these writs it is observable , . that the best , ablest , and discreetest knights , citizens , barons , ought to be elected and summoned to parliaments , and that the king may command , require such to be chosen by his writs , without any prejudice to , or intrenchment upon the peoples libertie and freedome in elections , who are obliged in prudence , reason , duty , conscience , only to elect such persons . ly . that all knights , citizens , burgesses , barons of ports ought to have full and sufficient authority from the commonalties who elect them , both for themselves and them , to consent to those things which the king , lords , and nobles shall ordain in parliament , concerning the great and weighty affairs of the realm . ly . that the power of decreeing and ordaining things in parliament , whether publick or private , resided principally , if not soly in the king and lords , and of assenting to them , in the knights , citizens , burgesses and barons of the cinque ports in their own and the commons behalf . ly . that sherifs may be justly punished and censured by the king for neglects , or miscarriages in elections of knights , citizens and burgesses . the writs for elections issued to sheriffs in claus. e. . d. . cl . e. . d. . cl . e. . d. . cl . e. . d. . & cl . e. . d. . run all in the ordinary form , quod de com. praedicto duos milites , &c. de melioribus , valentioribus , or validioribus , or valentioribus & discretioribus militibus , civibus & burgensibus com. civitatum & burgorum praedictorum eligi , &c. facias . the original writs for elections an. e. . are yet extant in a loose unfiled bundle , with their several returns indorsed on , or annexed to them ; where the knights , citizens and burgesses elected and returned , are in the returns said to be , de melioribus , valentioribus et discretioribus militibus , civibus et burgensibus of the respective counties , cities , boroughs , for which they are returned ; and to have plenam et sufficientem potestatem pro se et communitate dicti com. civitatis , or burgi ( respectively ) ad consentiendum hiis quae in instanti parliamento contigerit ordinari . i shall here present you with this brief abstract of the writs and the several returns then made . bundle e. . rex , &c. duos milites , &c. de melioribus , valentioribus & discretioribus militibus , civibus & burgensibus com. civitatum , et burgorum praedictorum eligi , &c. teste meipso apud westm. die febr. anno regni nostri . nomina militum de com. westmerl : henr : de croweld senior , iohes : de preston . nomina burgensium de appelby , &c. sir thomas de strickland vic. ego walterus haywode vic. vobis fic respondeo prout patet inferius et in cedula huic consut . pro burgensibus burgorum de la vize , marleberghe , & malmesbury , ego dictus vic. vobis significo , quod mandavi willo : baggeswych , ballivo libertatis phe. reginae angliae , cui executio hujus brevis pro dictis burgensibus venire fac . pertinet faciend : qui quidem ballivus michi nullum inde dedit responsum . et pro burgensibus burgi de bedewpride , ego dictus vic. vobis significo , quod mandavi jobi hommede ballivo libertatis radi . cornitis stafford de hundredo suo de kynnwardeston , cui executio hujus brevis pertinet faciend . pro dictis burgensibus venire fac . &c. qui quidem ballivus michi nullum inde dedit responsum . two knights for the county , two citizens for new sarum , two burgesses for old sarum , two burgesses for wilton are returned by the sheriff , with two manucaptors names for each of them . two knights , with two manucaptors . nullae sunt civitates infra ballivam meam . nomina burgorum dounhenedburgh . liskyedburgh . lostwythiel burgh . trurou burgh . hellestonburgh . bodmynburgh , burgesses , with two manucaptors apeece . berks , two knights , redyng , walyngford two burgesses for each , with two manucaptors for every of them . two knights ; wycombe . burgesses , with two manucaptors returned for every of them . two knights , colecestre two , maldon two burgesses , all having two manucaptors but the last burgess for maldon , who hath none . nomina militum com : gloucestr : elect . iohes : tracy , iohes : poyns , qui manucapti sunt per two only . nomina burgorum villae glouc. . pro villa bristol . having but two manucaptors for both . knights two , citizens two for cant. two for rochester , with two manucaptors apeece . no burgesses . knights two , burgesses two for leicestr . two manucaptors returned for each . non sunt plures civitates vel burgi infra com : praedict . knights two , burgesses two , for derbe , with two manucaptors for each . knights two , with two manucaptors apeece . non sunt in eadem balliva aliqua civitas , nec burgus . knights two only returned with two manucaptors , no burgesses for hertford , or st albans , knights two , burgesses two , for notyngham , with two manucaptors for each . knights two , burgesses . for warwycke , with two manucaptors for every of them . non sunt plures civitates nec burgi infra com. praedict . vic. surry et sussex : there was then but one sheriff for both these counties , who had two writs , filed and returned together for both counties , in one cedula knights two for surrey : burgesses for guldeford . ryegate . sutbwerke . bleccbynglegh . with two manucaptors for every of them . sussex , two knights , cives cicestriae two , burgenses arundel . horsham . estgrenstede . lewes . shorbam . stenyng and brembre . with two manucaptors apeece . knights . cives . for hereford , burgenses leominstre . with two manucaptors for each knights two , cives exon. two , burgenses dertemuth . tottes . plympton . tavystoke . chesing collyton . barnstable . knights two , burgesses two for oxon , vvith two manucaptors for each . knights two , burgesses two for bedford , with two manucaptors . somerset and dorset had but one sheriff for both counties , yet two writs , which are filed and returned in one cedule . somerset , knights two , burgenses villae de brigge-water . de taunton . two manucaptors for each . dorset , knights . burgenses brideport . dorchestre . waymouth . melcomb . warham . villae de la poule . with two manucaptors for each . knights two , cives lincoln two . burgenses grymesby . with tvvo manucaptors apeece . norfolk and suffolk had tvvo writs , but one sheriff , vvho returned them both together . norff : knights . cives norw . . burgesses , . len : episcopi , with two manucaptors ; magnae jernemuth . . suff. knights two , burgenses villae gippewic . . donewich . nullum dedit responsum . two knights , and two burgesses , for northampton . without any manucaptors returned for either . two knights , cives wygorn . with two manucaptors for each , non sunt in balliva mea alii civitates vel burgi . milites two , cives two , karliol . without any manucaptors . non sunt plures civitates , nec aliqui burgi in balliva 〈◊〉 . knights two , cives two , for wynton , burgenses , portesmouth . two . four citizens returned without any manucaptors . two knights , with two manucaptors , cives two , ebor. burgenses scardeburg . kingestone . with two manucaptors for each . two knights , with two manucaptors , and two burgesses for stafford . all the rest of the writs , during the reign of king edward the d. but those of . are lost , mislay'd , or through carelesness lye ( as many other records still do ) in a confused heap in the white tower quite neglected , over-spread with cobwebs , dust , mothes , and cankers , being never yet reduced into order , through the sloathfulnesse or negligence of those who should preserve and digest them into a usefull regulation for the publique benefit of the present and future ages . the writs for elections to the sheriffs in claus . e. . dorso . . are thus altered in form , from the last writs , in some particulars of note . rex vic. kanc. salutem . quia super quibusdam arduis & urgentibus negotiis nos & statum & defensionem regni nostri angliae , ac jura coronae nostrae concernentibus , parliamentum nostrum apud westm. die lunae in prima septimana quadragesimae , viz. in festo sancti mathiae apostoli tenere ordinavimus , & cum praelatis , magnatibus & proceribus dicti regni colloquium habere & tractatum . tibi praecipimus firmiter injungentes , quod de com. praedicto duos milites gladiis cinctos , et in armis et actibus armorum magis probatos et circumspectos et discretos , & de qualibet civitate ejusdem com . duos cives , & de quolibet burg. duos burgenses de melioribus & validioribus , & discretioribus militibus , civibus & burgensibus , comitat. civitatum & burgorum proedictorum eligi , & eos usque wesim. die sabbati in festo sancti petri ad cathedra prox . futur . venire facias ibidem , et tunc durante parliamento praedicto continue moraturos , ita quod iidem milites pro se , & communitate com. praedicti , dictique cives & burgenses pro se et communitate civitatum & burgorum praedictorum plenam & sufficientem potestatem , ab ipsis comimunitat . habeant ad consulend . et consentiend . hiis quae per nos et dictos praelatos , magnates et proceres fieri et ordinari contigerit , favente domino super negotiis antedictis . et hoc ●…cut teipsum indempnem servari volueris nullatenus omittas . et habeas ibi nomina militum , civium & burgensium & hoc breve . teste rege apud westminster . octo die januarii . consimilia brevia diriguntur fingulis vicec . per angliam . from whence it is observable , . that in times of war and danger when parliaments are summoned for the necessary defence of the realm , and rights of the crown ; knights who are most approved , skilfull , circumspect , and discreet in matters of arms and war , and the best , ablest , and wisest men may be prescribed by the kings writs to be elected in such general terms as these , and are fittest to be chosen by the commonalty in all counties . ly . that knights , citizens , and burgesses when elected and summoned to parliaments , ought not only to be admitted freely into , but to continue constantly in them without suspention , ejectiō by their fellow members , or others , & not to depart from them ly . that none can licenso or dispence with their departures from parliament but the king , or at least with his privity or consent . ly . that knights , citizens , burgesses , are to consult and advise well together of all publick businesses propounded to them , or ordained by the king and lords , before they assent unto them . . that they ought to have full and sufficient power from the commonalty as well to consult of as consent to them . there are no writs of summons to a new parliament extant in the rolls of e. . but this memorable summons only of half the knights , citizens , and burgesses elected and retorned the last parliament before , pertinent to my theam , and very observable , which i shall here transcribe at large for its rarity , out of claus . e. m. dors . rex vic. kanc. salutem , cum comites , barones , magnates & communitas regni nostri angliae in ultimo parliamento nostro apud westm. tento , in auxilium expensarum quas tam pro salvatione & defensione regni nostri angliae & navigii ejusdem regni , quam pro expeditione guerrae nostrae franciae no●… facere oportebit , concesserint nobis quoddam subsidium viginti & duorum solidorum & trium denariorum levand . & percipiend . de qualibet parochia dicti regni . ita quod quaelibet parochia majoris valoris auxilians sit & contributoria alteri parochiae minoris valoris juxta ratum ; ea intensione quod dictum subsidium ad summam , quinquaginta millium librarum se attingeret . et quia habita super levatione subsidii praedicti per nos & consilium nostrum deliberatione diligenti , videtur eidem consilio , quod dicti viginti et duo solidi , & tres denarii de qualibet parochia dicti regni sic levandi , ad dictam summam quinquaginta millium librarum per multum non attingunt ; & sic verisimiliter formidatur , quod nobis de dicta summa quinquaginta millium librarum ad terminos statutos juxta intentionem concessionis praedictae responderi non potest . nos volentes plenius informari super declaratione intentionis concessionis subsidii praedicti , qualiter levatio ejusdem celerius fieri possit , & considerantes , quod onerosum esset omnes magnates , milites , cives & burgenses , qui ad dictum parliamentum nostrum de mandato nostro venerant , iterum ex hac causa conveniri ; ordinavimus , ut laboribus parcatur et expensis , cum quibusdam eorundem magnatum , civium et burgensium praedictorum super praemissis colloquium habere et tractatum . tibi praecipimus firmiter injungentes , quod thomam apuldrefeld unum militum com. praedicti , edmundum horne , vnum civium civitatis cantuar. et johan . fynchenfeld unum civium civitatis roffen , qui pro communitate com. & civitatum praedict . ad dictum parliamentum de mandato nostro venerunt , si superstites fuerint , alioquin socios suos qui cum eis de veniendo ad parliamentum praedictum electi fuerunt , praemunire facias ; quod ipsi omnibus aliis praetermissis , & quacunque excusatione cessante , in propriis personis suis sint apud wynton , in octabis sanctae trinitatis prox . futur . ad informand . nos & dictum confilium nostrum , super modo & forma quibus nobis de de dicta summa quinquaginta millium librarum celerius & commodius , juxta intentionem concessionis praedictae poterit responderi . et interim diligenter inquires de numero ecclesiarum parochialium & capellarum & praebendarum in com. praedicto , tam in manibus secularium quam religiosorum existentium , et nobis de nominibus eorundem , ac de nominibus militum et civium praedictorum ad dictos diem et locum distincte et aperte certifices , hoc breve nobis remittens . et hoc nullatenus omittas . t. r. apud westm. die aprilis . confimilia brevia diriguntur vircecom . subsciptis de praemuniendo milites , cives , et burgenses subscriptos de com. civitatibus et burg. subscriptis , de veniendo apud wynton : ad octabas praedictas , sub eadem data , viz. vic. surr. de praemuniendo vvillum . de cobeham militem , thomam dane burgensem de suthwerks , petrum somere , burgensem de guildeford , et johan . bodekesham burgensem de bleechynlegh . vic. sussex , de praemuniendo johan vvaleys militem , johan . vvyn , civem cicestr . henr. exton burgensem de midhurst , johan . gosham burgensem de arundel ; vvillum snelling burgensem de shorham , robtum , frensch burgensem de horsham , henr. vverkeman burgensem de lewes , johan . chapman burgensem de seford , gregorium attebole burgensem de est-grenestede . vic. southt . de praemuniendo bernardam brocas militem , stephanum hayne civem vvynton , vvillum . bacoun burgensem suthampton , robertum lekford burgensem de portesmuth . vic. vvilts , de praemuniendo laurencium de sancto martino militem , johan . bont , civem novae-sarum , vvilliam de keynesham burgensem de malmesbury . vic. somerset . de praemuniendo johan . beauchamp de lillesdon militem , johan . vvhittokesmede civem bathon . johan . ropere civem de vvelles , johan . osbern burgensem de taunton , adam best burgensem de br iggewater . vic. dorset . de praemuniendo vvalterum perle militem , johan . chichestre burgensem de melcombe , robertum osent , burgensem de lym , ricum suward burgensem de bridport , johan . champeon burgensem de dorchestre , vvilliam chike burgensem de vvarham , vvalter henle burgensem de shaftesbury . vic. devon. de praemuniendo vvilliam bonevill militem , johan . pafford burgensem de dertemouth , hugonem vverf burgensem torton , johan . combe burgensem de plympton , johan . bosoun civem exon , ricum . cokelescombe burgensem de tavystoke , vvillum : torner burgensem de barnstaple . vic. cornub. de praemuniendo johan . trevewyth militem , richardum truisa burgensem de donbenedburgh , johan . jowel burgensem de bodmyn , ricum . carsur burgensem de lostwythiell , stephum . chamberleyn burgens . de liskird , willum . boyvill burgensem de trureu . johan . tremaen burgensem de helleston . vic. glouc. de praemuniendo johan . poyntes militem , vvilliam heyberere burgensem glouc. johan . bathe burgensem bristoll . vic. hereford , de praemuniendo thomam chaundos militem , henr. cachepol civem hereford , vvillum . tavernor burgensem de leomynstre . vic. salop. de praemuniendo robertum de kendale militem , thomam le skynnere burgensem de salop. niehum . palmere burgensem de briggenorib . vic. staff. de praemuniendo johan . de perton militem , hugonem snell burgensem de stafford , rogerum letys burgensem villae novi castri subtus lymam . vic. vvygorn . de praemuniendo ricum . fiton militem , et johan . croule civem vvygorn . vic. oxon , de praemuniendo rogerum de cotesford militem , vvillum . coteshale burgensem oxon , johan . james burgensem de walyngford . vic. berks , de praemuniendo johan . de foxle militem , et vvillum . catour burgens . de redynges . vic. bedf. de praemuniendo thomam reynes militem , et ricum . frereman burgens . de bedeford . vic. buk . de praemuniendo fulconem de bermyngeham militem , et willielmum atte dene burgens . de wycombe . vic. northt . de praemuniendo thomam de preston militem , et johan . de bukbrok burgensem de norhampton . vic. roteland , de praemuniendo laurencium hanberk militem . vic. warr. de praemuniendo iohan. peyto militem , et thomam parny burgensem de warwick . vic. leyc . de praemuniendo willielmum flannvil militem , et willielmum taillard burgensem villae de leycestre . vic. notyngh . de praemuniendo , rogerum belers militem , et rogerum de holm burgensem de notyngham . vic. derb. de praemuniendo godefredam foliambe militem , et iohan. frowell burgensem de derby . vic. lincoln de praemuniendo robertum hanley militem , iohan de outhorp civem lincoln , ricard . de herby burgensem de grymesby . vic. eborum , de praemuniendo robertum rouclyf militem , willielmum graa civem ebor. henr. de boston burgensem de scardeburgh , walterum frost , burgensem de kingeston super hull . vic : northumbr . de praemuniendo alanum de heton militem , et laurencium datton burgensem villae novi castri super tynam . vic. westmerl . de praemuniendo hugonem de louthre militem , robertum overdos burgensem de applebey . vic. cumbr. de praemuniendo gibbertum culwenne militem , et johan . de whitlawe civem karliol . vic. lancastr . de praemuniendo iohan. de ipres militem . vic. norff. de praemuniendo edmundum de thorp militem , iohan. latymer burgensem norwic. thomam de bodekesham burgensem de lenn , et iohan. de halle burgensem magnae iernemuth . vic. suff. de praemuniendo rogerum de boys militem , robertum de preston burgensem de gippewico . iohan. astell burgensem de donewich . vic. cantebr . de praemuniendo iohan. chene militem , et iohan. morys burgensem cantebrig . vic. hunt. de praemuniendo nicb. stynecle militem , et willielmum wyghtman burgensem de huntyngdon . vic. essex . de praemuniendo robertum de marny militem , ioban . halle burgensem de colchestre , et willielmum halle burgensem de malden . vic. hertf. de praemuniendo thomam . de fytlyng mil. vic. midd. de praemuniendo iohan. pekbrugge , milit. ric. de pembrugg constabular . castri regis dovor , de praemuniendo nichum . parker de hastynges . robertum baddyng de wenchelse , willum . taillour de rye , willum . holynbroke de romene , vvillum . hampton de hethe , monyn de davorr , arnaldum broun de sandwic . barones vicomitibus london de praemuniendo bartbolomeum frisling , et iohan. phelipot cives london . in this excellent record , we have these observable particulars . . particular writs to all sheriffs and the warden of the cinqueports , after the parliament ended and dissolved , to summon to uuinchester only half the knights , citizens , burgesses , and barons of the cinque-ports formerly summoned to the parliament at london , to appear before the king and his counsel ; with their particular names in the writs , and a special clause to summon their companions in case any of them since dyed ; and that to avoid the great expence and trouble of summoning all the rest . ly . the reasons why they are thus summoned , not to make laws , nor grant new subsidies , nor alter any thing formerly agreed upon and passed by common consent in parliament , for that had been very illegal , dangerous , unparliamentary ; but only to inform the king and his counsel , how a subsidy of fifty thousand pounds granted to the k. by that parliament in an intire sum , and then to be raysed by a proportionale rate layd by them upon every parish throughout the realm , might be speedily and fully raised according to their intentions by this way of levy ; when as the king and his counsel upon consideration found , that the intire sum could not be raysed in this way according to their intentions , but would fall far short of their computation , there being not so many parishes in england as they conceived . ly . that the commons and whole parliament may sometimes mistake and erre in their computations and proceedings . ly . that no subsidies or aydes can be granted or levyed for the necessary defence of the realm by sea or land , nor the way and manner of raysing them altered but in and by common consent in a full parliamen●… . ly . that in doubtfull grants of subsidies and acts of this nature , mentioned in this writ , the best and speedyest way to resolve the doubts , and know the true intention of them , is to confer with those members who first granted and passed them . ly . we have here the particular names of all the antient cities and boroughs in each county , and of the cinque-ports which in that age sent citizens , burgesses and barons to the parliament , being one of the fullest records for this purpose i have seen , and more exact than any rolls or writs for levying their expences . ly . here are the names of half the knights , citizens , burgesses , and barons of the ports summoned to this parliament , who had writs for their expences granted them in repairing to vvinchester by vertue of thi●… writ , as dorse . of this roll imports , of which more in its proper place . ly . the sheriffs are required to enquire and certifie the number of all the parish churches , chappels , prebends in their respective counties . the writs to sheriffs in claus. e. . dorse . are only in the usual form . quod de com. tuo duos milites de discretioribus & probioribus militibus , civibus , burgensibus , &c. & ad laborand . potentioribus eligi , &c. ad faciend . & consentiend . hiis quae tunc de communi consilio regni nostri ordinari contigerit , &c. ita quod , &c. seu propter improvidam electionem militum , &c. as in former writs . in this parliament upon complaint made of sheriffs and other unfitting persons elected knights of shires , this insuing ordinance , was made to rectifie these . abuses to disable the election of such for the future . rot. parl . an . e. . n. . auxi un ordenance fait en mesme la parlement fuit luez , en manere come ensuet . pur ceo que gentz de ley que pursuont diverses busoignes en les courts le roy pur singuleres persones oue queux ils sont procurent , & font mettre pleuseurs petitions en parlementz en nom des comunes que riens lour touche , mes solement les singulers persones , ou queuz ils sont de moiez . auxi viscontz , que sont comunes ministres au people , et dovient demurrer sur lour office pur droit faire a checune , sont nomez , et ont devant ces heures retornez en parlementz , chivalers des countees per mesmes les viscontz ; est accorde & assenta en cest parlement , que desormes nul home de ley pursuont busoigues en la courte le roy , ne uiscount pur le temps que il est uiscount , soient retournem , ne acceptem chibalers des countees ; ne que ces qui sont gentm de ley & uiscountz ore retournez au parlement eient gagem . num. . mes voyet lo roy , que chivalers & * sersaunts des meulz valeurs du paiis soiz retornez desore chivalers en parlementz , & quils sount estuz en plein counte . by vertue of this ordinance all sheriffs of counties have alwaies by special clauses inserted into writs of elections ever since , been disabled to be chosen knights of the shire , or burgesses , and sometimes apprentices , and men of law , whiles they pleaded and practised , for the reasons expressed in this ordinance . the very next writs of summons to parliament , claus e. . m. . dors . were thus altered , & some new clauses put into them in pursuance of this ordinance . rex vic. kanc. salutem . quia de avisamento confilii nostri , &c. tibi praecipimus firmiter injungentes , quod de com. tuo duos milites gladiis cinctos , seu armigeros , de dicto com digniores et probiores , et in actibus armorum magis expertos et discre●… et non alterins conditionis , & de qualibet civitate com. illius duos cives , & de quolibet burgo duos burgenses , qui in navigio et exercitio mercandisarum notitiam habeant meliorem , eligi : et eos ad dictos diem & locum venire facias . ita quod iidem milites plenam & sufficientem potestatem pro se , &c. ( as in ordinary writs ) ab ipfis habeant ad faciend . & consentiend . eis quae tunc de communi confilio regni nostri favente domino contingant ordinari super negotiis antedictis . ita quod pro defectu hujusmodi potestatis , seu propter improvidam electionem militum , civium , aut burgensium praedictorum , dicta negotia nostra infecta non remaneant , quovis modo . nolumus autem quod tu , seu aliquis alius uicecomes regni praedicti , aut aliquis alterius conditionis quam superius specificatur aliqualiter sit electus . et habeas ibi nomina praedictorum militum , civium , & burgensium , et hoc breve . teste ut supra . consimilia brevia diriguntur singulis vicecomitibus per angliam . in the writ to the warden of the cinqueports this new clause of qualification is inserted : et de quolibet portu portuum praedictorum duos barones de melioribus , & in navigio et exercitio mercandizarum discretioribus eligi , without any other alteration . it is observable , that these writs issuing in times of war both by land and sea with * france , as is evident by rot. parl . e. . num . , , . thereupon these new qualifications of knights , citizens , burgesses , and barons of the cinqueports were inserted into these writs , that the first shall be knights by order , or at least armigeros digniores & probiores , & in actibus armorum magis expertos & discretos . the later of them such , qui in navigio & exercitio mercandizarum notitiam habent meliorem ; which were fitting qualifications , considering the times wherein they were inserted into these writs . ly . that there were express prohibitory clauses in these writs , to inhibite the elections of any persons not thus qualified , & non alterius conditionis , relating to the knights and esquires ; and last clause in the writ . nolumus tamen quid tu , &c. aut aliquis alterius conditionis , quam superius specificatur aliqualiter sit electus : which was grounded on the * ordinance of parliament , in e. . and manifests the antient power and prerogatiue of our kings , to prescribe to their subjects what kind of fit persons they ought to elect , and to prohibite the choyce of any others not so qualified , when they are proner to make undue elections of mean , indiscreet , unable , and unfitting knights , citizens , burgesses , barons , to the prejudice of the publick , ly . that though our kings cannot prescribe to their subjects what particular persons they shall elect , being inconsistent with the freeness of elections , the stat. of e. . c. . an apparent incroachment on their liberty , and a ready means to pack parliaments at their pleasure , to effect their own private end , & oppres , enslave their subjects , yet their prescribing of just and fitting qualifications in the general in all persons to be elected , and inhibiting the choyce of any not so qualified , is no incroachment upon their libertyes and freedom in elections , as this writ and others , and the forecited ordinance doth evidence . the next writs to sheriffs for electing knights , citizens , and burgesses , are those in clause e. . dors . . cl . e. . d. , . cl . e. . p. . d. . running all in this form . rex vic. kanc. &c. quod de comitatu tuo duos milites gladiis cinctos , magis idoneos et discretos , & de qualibet civitate com. illius duos cives , & de quolibet burgo duos burgenses de discretioribus , & magis sufficientibus eligi , &c. with this prohibition in the close of all these writs nolumus autem quod tu , vel aliquis alius vicecomes regni noctri praedicti , aut aliquis altertus conditionis quam superius specificatur aliqualiter sit electus . et babeas ibi nomina praedictorum militum , civium , & burgensium , & hoc breve . the writs to sheriffs for the election of knights , citizens , and burgesses , in cl . r. , d. . cl . r. . d. . . cl . r. . d. , . cl . r. . d. . cl . r. . d. . . cl . r . p. . d. , , . cl . r. . d. , . cl . r. . d. . cl . r. . d. . cl . r. . d. . cl . r. . d. . . have all the same prohibitory clause , & nolumus autem , &c. as the last writs in king edward the third his reign . but in the writ of claus . r. . d. . these words aut alterius conditionis quam superius specificatur , are omitted out of the nolumus autem : in all the writs of claus. r. . pars . d. . they are again inserted . but in the writs of cl. r. . d. . cl . r. . d. . cl . r. . d. . cl . r. : d. . cl . r. . d. . cl . r. . p. . d. . cl . r. . p. . d. . cl . r. . d : . and in all writs under h. , , . & e. . they are also totally omitted . : and nolumus autem quod tu , aut aliquis alius vicecomes regni praedicti aliqualiter sit electus , only reteined . in all these writs under richard the d . there is this clause added , not extant in those of edward the d. tibi praecipimus firmiter injungentes , quod in pleno comitatu tuo de communt assensu ejusdem , duos milites gladiis cinctos , magis idoneos & discretos , &c. eligi , &c. facias : which clause most clearly evidenceth , that all knights ought to be elected in a full county-court , by the common assent of the county , & not to be nominated , elected by the king , or any others without or against the counties consent & approbation . there are bundles of writs in ann. , , , , rich. d , yet extant , for elections of knights , citizens , and burgesses , issued to sheriffs , and others ; with their retotns indorsed on or annexed to them , which i shall pretermit . there are only two extraordinary unusual writs , concerning the election of knights , during the reign of king richard the d . worthy special observation , which i shall present you with at large . the first of them thus recorded in claus. r. . m. . de militibus venientibus ad parliamentum loco aliorum eligendis . rex vic. surry . salatem . quia ut accepimus , tu thomam camoys chivaler , qui baronettus est , sicut quamplures antecessorum suorum extiterunt , ad essendum unum militum venientiam ad proximum parliamentum nostrum pro comunitate comitatus praedicti , de assensu ejusdem comitatus , eligisti : nos advententes , quod hujusd . baronetti ante haec tempora , milit. comit. ratione alicujus parl. eligi , minime consuev . ipsum de officio militis , ad dictum parliamentum pro comunitate comitatus praedicti venturi , exonerari volumus et ideo tibi praecipimus , quod quendam alium militem idoneum et discretum gladio cinctum , in loco ipsius thomae eligi , & eum ad diem & locum parliamenti praedicti venire facias . cum plena & sufficienti potestate ad consentiend . hiis quae in parliamento praedicto fient , juxta tenorem prioris brevis nostri tibi pro electione hujusmodi militum directi , & nomen ejus nobis scire facias . teste rege apud westm. octavo die octobris . consimile breve dirigitur vic. surry , pro iacobo berners , qui est de retinentia regis & familiaris , & unus militum kantiae t. r. apud westm. die oct. it is evident by the rolls and summons cited in the * precedent table of the temporal lords and barons , that ralph camoys was sumoned to parliament amongst the other lords and barons in h. . and another of that name to sundry parliaments , under ed. & . and iohn de camoyes after them : that this thomas camoyes mentioned in the writ , was descended from them , and then a peer and baron of the realm , ( though styled a baronet in the writ , which in that age signified a baron of parliament , as the hujusmodi baronetti in the writ , and mr. selden evidence ; ) being summoned by writ with the rest of the barons to this very parliament of r. . and sundry others afterwards during his reign , and the reigns of henry the fourth and fifth ; from whence i shall observe . . that no peers or barons of the realm may , can , or ought to be elected , retorned kights of shires , citizens , or burgesses of parliament , and their elections voyd if made , being uncapable to sit or vote in the commons house as members therof , as i have largely proved in my plea for the lords and house of peers , p. to . to which i shall refer the readers for fuller resolution . ly . that if any election be once made upon the the kings first writ , though void or illegal in it self , yet the sheriff and county cannot proceed to a new election , without a new writ from the king authorising them . ly . that if a meer void election of a peer or other person uncapable , be made by the country and sheriff , the king may thereupon by such a new writ as this , declare it null , yea discharge the pe●…son elected from his undue election , and command a new election to be made by such a writ as this , before the parliament meet as well as alter it ; as he did here , this parliament for which the lord camoyes was elected one of the knights of the countie for surry , being summoned to begin on the of october ( as the writ it self and parliament roll assure us ) and the writ for his discharge , and a new election of another fit person and knight in his stead , bearing date the th . of october , being daies before the parliament was to meet . ly . that the king in this age , not the commons house , was the sole proper judge of void & double elections , who had no jurisdiction or authoritie to hear or determine anie complaints concerning elections , much lesse to suspend , seclude , or reject anie of their fellow-members , ( a late dangerous usurpation ) either by custom of parliament , the writs of election , or any other law , statute , authoritie , but only the king or lords ; as i have largelie proved in my plea for the lords , by unreasonable presidents●… , reasons , statutes , p. . to . to which i shall refer the reader . ly . that when the self-same person is elected a kinght for two counties at once , the king by his writ may discharge him of one of them , and issue a new election in his room , as in the case of iames berners elected both for surry and kent . the next writ is this of clause r. . m. . dorso . rex vic. kanc. salutem . quia de avisamento consilii nostri pro quibusdam arduis & urgentibus negogotiis nos , statum & defensionem regni nostri angliae , seu ecclesiae anglicanae contingentibus quoddam parliamentum nostrum apud westm. in craftino purificationis beatae mariae prox futur . teneri ordinavimus , & ibidem vobiscum et cum praelatis , magnatibus , & proceribus regni nostri angliae colloquium habere & tractatum . tibi praecipimus firmiter injungentes , quod de comitatu tuo duos milites gladiis cinctos magis idoneos & discretos com. praedicti , & in debatis modernis magis indifferentes ; & de qualibet civitate ejusdem com. duos cives , & de quolibet burgo duos burgenses de discretioribus & magis sufficientibus eligi , & eos ad dictos diem & locum venire facias , &c. teste rege apud windsore , decimo septimo die decembr . consimilia brevia diriguntur singulis vic. per angliam . the king before any elections made , being informed , that this new inserted clause , in debatis modernis magis indifferentes , , ( relating only to knights of shires , not citizens and burgesses ) was contrary to the forms of elections antiently used , and against the liberty of the lords and commons of the realm till that time used , did thereupon supersede and revoke these writs , as to this unusual clause alone , by this memorable writ , entred in the next membrana , viz. cl. r. . m. . dorso . rex vic. kant . salutem , licet nuper & breve nostrum inter caetera tibi praecipimus firmiter injungentes , quod de comitatu tuo duos milites gladiis cinctos , magis idoneus & discretos com. praedicti , & in debatis modernis magis indifferentes eligi , & eos ad parliamentum nostrum quod apud westm. in crastino purificationis beatae mariae prox . futur . tenere ordinavimus , ad eosdem diem & locum venire faceres . nos tamen attendentes dictam clausulam , in debatis modernis magis indifferentes , contra formam electionis antiquitus usitatae , et contra libertatem dominorum et communitatis regni nostri angliae hactenus obtentam existere , volentesque proinde praedictos milites libere eligi , modo et forma prout antiquitus fieri consuebit . tibi praecipimus firmiter injungentes , quod de com. tuo duos milites gladiis cinctos , magis idoneos & discretos com. praedicti , prout hactenus fieri consuebit , eligi , & eos ad praedictos diem & locum venire facias , dicta clausula non obstante ; caeteraque omnia & singula in dicto brevi nostro contenta fac : et exequaris juxta tenorem ejusdem , dictam clausulam penitus omittens . et habeas ibi hoc breve , & aliud breve . teste rege apud westmonast . primo die jan. per ipsum regem & consilium . consimilia brevia diriguntur singulis vicecomitibus per angliam : & carissimo anvunculo regis johanni regi castellae & legionis , duci lancastr . vel ejus cancellario in eodem ducatu , sub eadem data . from these two memorable writs , compared with some of the limitations in the precedent writs , it is evident , . that although the king may by his writs advise and command the sheriffs and people by general clauses , to elect two of the best , wisest , discreetest , fittest , elegantest ablest knights , citizens , burgesses in each county , city , borough , and most able to take pains : and likewise probibite them to elect maintainers of quarrels and false sutes , persons of ill fame , living by maintenance and dishonest gain , sheriffs of counties , practising lawyers , barons of the realm , and other unfitting persons for such a publick service ; yet he ought not to insert any new qualifications or restraints into his writs , contrary to the amient , usual form , liberty , and freedom of the peoples elections , which may tend to the packing of any parliament , to promote any particular factions , parties , or designs to the publick prejudice , or deprive the people of their antient legal freedom in their elections , especially in times of general discord , discontents , jealousies , or open sad debates between the king and his subjects , as these new clauses , in debatis modernis magis indifferentes , &c. and other late army qualifications , restraints of more dangerous consequence do in the late instrument of government , and petition and advice prescribed by the new-modellers of parliaments , and our republicans since , to advance their own particular designs , & admit , seclude , what members they please , though best affected to the publick welfare , ease , peace , fafety , settlement of our distracted nations , and most desired , confided in by the people who elected them by their unanimous votes . ly . that our kings themselves are bound in justice and prudence to reverse and revoke all such unusual , illegal clauses and restraints , inserted into writs for elections , which are inconsistent with the just rights and freedom of the people in their elections , according to the statutes of e. . c. . e. . c. . h. c. . and this memorable president of king ri●…bard the d . and that before any publick report thereof in parliament , or examination by the commons . ly . that no peer or baron of the realm , may or ought to be elected a knight of the shire , or burgess of parliament , that the king himself may by his writ , null and declare their elections void , and command a new election to be made , before the parliament assembles , without the commons precedent or concurrent votes . . that if the same person be elected knight of the shire in two several counties , the king by his writ may null and discharge the second election before the parliament meets , and order the election of a new knight for the county wherein he was last elected , ( he being uncapable to serve in both ) without the commons order or privity . ly . that the commons house or committees in this age , were not the ludges , desciders of the lawfulness of knights and burgesses elections , ( as now they make themselves ) but the king himself , or the king and lords house , or his counsel in parliament , without the commons , as i have b elsewhere proved at large by sundry presidents . besides , the writs for elections under king richard the d . entred in the clause rolls , there are five several bundles of writs , anno , , , , & r. . issued to sheriffs for electing knights , citizens , burgesses , for the respective parliaments held in those years , having the retorns of the sheriffs . with all the names of the knights , citizens , burgesses then elected indorsed on them , or in cedules annexed to them , most of them having two manucaptors apiece for their appearance at the day and place of the parliament , and some few of them no manucaptors at all ; the forms of the retorns agreeing for the most part with those of & e. . & e. . forecited . upon which confideration i shall wholy pretermit them , to avoid prolixity and nauseousness . the original writs of elections and their retorns under k. henry . are either mislayed or totally lost , embeseled , perished through negligence , or casualty , so as i can give you no particular account of them , but only of their transcripts entred in the clause-rolls . the first of them are enrolled , in claus. h. . m. . dors . claus . h. . pars . dors . . cl . h. . dors . . . cl . h. . pars . dors . . pars . dors . . agreeing all in words , substance , form , with the usual vvrits forecited under richard the second , without any variation , except in their prologues and dates , being the same with those to the prelates , section . but in cl. h. . part . m. . dors . there was an unusual new clause inserted into the vvrits then issued , prohibiting all apprentices , or any other man of law to be elected , as well as sheriffs , these writs else agreeing in all things with the ordinary form . rex vic. &c. jalutem , &c. nolumus autem quod tu sive aliquis alius vicecomes regni nostri , nec apprenticius , aut aliquis alius homo ad legem aliqualiter sit electus . teste rege apud lichefeld , quinio die augusti . c thomas of walsingham , a credible historian then living , took special notice of this extraordinary vvrit , recording in his history of england , direxit ergo rex brevia vicecomitibus , ne quosquam pro comitatibus eligerent quovismedo milites . qui in iure regni docti fuissent vel apprenticii , sed tales omnino mitterentur ad boc negotium , quos constat ignorare cujusque iuris methodum , quod et factum est . but what prejudice to the republike and people this produced by imposing new insupportable taxes upon them , he informs us in his ypodigma nestr . p. . grave sir d edward cook ( the most confident common mistaker , mis-reporter of records that i have hitherto read ) peremptorily affirms , that the historian ( vvalsingham ) was ( herein ) mistaken , and that there was no such clause in the writs then issued . a clear evidence he never perused this clause roll or vvrit with his own eyes ( or most else be cites ) as i have done more than once for my own and others satisfaction ; transcribing this passage out of it , with my own hand , which i have also met with in sundry other transcripts , as well as in the roll it self , where all may peruse it when they please . and if this be not sufficient evidence , our learned antiquary sir henry spelman , ( a person of far greater judgement and learning in antiquities than sir edw cook ) hath assured us thereof in his glossarium p. . prohibet rex henrious legum apprenticios ad parliamentaria comitia coventriae habita sexto die octob. anno regni sui sexto in comitatibus eligendos , ut non solum meminêre annales nostri , sed ipsum etiam ( e breve parliamentarium unicuique vicecomitum directum , datumque vigessimo quinto die aug. anno ejusdem . uti patet ibidem in pede , viz. nolumus autem quod tu seu aliquis alius vic. regni nostri praedicti , aut apprenticius sive aliquis alius homo ad legem aliqualiter sit electus , &c. hinc parliamentum illud laicorum dicitur & indoctorunr , quo & jugulum ecclesiae atrocius petebatur . and sir edward cook himself at unawares confesseth as much , some few pages after instit. p. . as i have evidenced in my plea for the lords . p. , , . and preface to the exact abridgement of the records in the tower. i find in truth , that there were no less than three several writs of summons and elections to three distinct parliaments in this one year of h. . the first dated apud leichfeld die augusti , for a parliament to be held at coventree octavo die octobr. entred claus. pars h. dors . . whereinto this clause was inserted , omitted in most collections of parliamentary writs of summons . the second entred in claus. h. . pars . dors . . teste johanne duce bedford , custode angliae apud westm. die octobris . the third entred clause h. . pars . dors . . for a parliament apud coventre , tertio die decembris . teste rege apud vvestm . die octobris , in which two latter writs there is no such clause inserted , but only in the first , which perchance was the ground of f sir edward cooks confident mistake , who only saw a transcript of the latter , not of the first writs . this clause was warranted by and grounded on the forecited ordinance of e. . as sir edward cook a●…tests , and i subscribe to ; but that this was an ordinance ●…ly of the lords , or that ordinances differed from acts of parliament in those times , in this , that one had the threefold concurrent assent of the king , lords and commons , the other not , &c. as he there affirms , i utterly deny , and have g elsewhere at large resuted by unanswerable evidences , and above an hundred acts of parliament , which make them both one and the same , they having both this threefold concurrent assent to make them acts , or ordinances , without which they are neither : and himself confesseth it in his . institutes p. . , . & elsewhere . the reason for secluding practising lawyers from being elected , whiles they actually continued to plead and prosecute suites in the kings courts for others , are expressed in the ordinance , now fit to be revived , that so the lawyers elected may totally attend the publick businesses of the kingdom and parliament in the house , and not neglect them : which if they do faithfully and conscienciously execute with publick spirits , there are no members whatsoever more usefull , necessary , beneficial to the publick than they , both forthe penning of good laws , debating all businesses of law , examining all complaints'and grievances : whence none but lawyers for the most part in antient or late times have been chosen i speakers of the commons house , & few else but they imployed as chair-men in most committees . after this , upon the making of the statutes of h. . c. . & h. . c. . upon the commons petition , as appears , by h. . rot . parl . num . . . & h. . n. . for regulating former abuses in the elections of knights of shires to serve in parliaments ; the ant●…ent form for the vvrits for electing knights , was somewhat altered and enlarged ; as is evident by the next ensuing vvrits of clause h. . dors . . cl . h. . dors . . cl . h. . dors . . cl . h. . dors . . & cl . h. . dors . . & . agreeing all in one form , and differing only in the prologues , dates , and places of the parliaments ; i shall therefore present you only with a transcript of the last of them . rex vic. kanc. salutem . quia de avisamento consilii nostri , &c. ( as in the former vvrits . ) tibi praecipimus sirmiter injungentes , quod facta proclamatione in proximo comitatu tuo post receptionem hujus brevis tenendo , de die & loco ( parliamenti ) praedictis , duos milites gladiis cinctos , magis idoneos & discretos de com. praedict . &c. libere et indifferenter per illos qui proclamationi hujusmodi interfuerint juxta formam statuti inde editi et provist , eligi , & nomina eorum militum civinm & burgensium sic ●…eligendorum , in quibusdam indenturis inter te & illos qui hujusmodi electioni interfuerint inde constituend . licet hujusmodi eligendi praesentes vel absentes fuerint , inseri , eosque ad dictos diem & locum venire facias . ita quod , &c. ( as in former writs ) nolumus autem quod tu , vel , ( seu ) aliquis alius vicecomes regni nostri praedicti aiiqualiter sit electus . et electionem tuam in pleno comitatu tuo distinctè & apertè factam sub sigillo tuo & sigillis eorum qui electioni illi interfuerint nobis in cancellaria nostra ad dictos diem & locum certifices indilatè . remittend , nobis aliam partem indenturarum praedictarum praesentibus consutam una cum hoc breve . teste rege apud westm. die maii. the like writs then issued to all other sheriffs of counties , and this form with little or no variation , continued from h. . to all sheriffs of particular cities and boroughs , made counties within themselves , ( as lincoln , york , bristol , coventre , norwich , notyngham , newcastle upon tyne , kingstone upon hull , and southampton , mutatis mutandis ) till the statute of h. . c. . concerning elections was made , as the clause . rolls assure us , where the writs of summons are recorded ; only the writs to the sheriffs of london were to elect qua●…uor cives de discretioribus & magis sufficien●…ibus ; the writs to the sheriffs of other cities that were counties , to elect duos cives , and to those boroughs which were counties , to choose duos burgenses . the bundle of those original writs which issued in h. is yet extant , together with the several retorns and indentures of the sheriffs , and names of the knights , citizens , and burgesses then elected and retorned , the major number of them having manucaptors retorned for their appearance at the day and place of the parliament , which others of them have not . the statutes of h. . c. . & h. . c. . enacting all sheriffs to make their retorns of the knights elected by indentures , between the sheriffs and electors , under their respective seals , never in use before , thereupon the forms of their retorns were accordingly altered and made by indentures , wherein the names of the knights elected and of their electors were retorned , some inserting more , some fewer names of the electors , with general clauses for the rest ; on the dorse of many of which indentures the names of the knights , manucaptors , and sometimes of the citizens and burgesses , and their manucaptors are entred , and others of them on the dorses only of the writs ; these indentures are somewhat various and different in their forms and words , but for the most part they accord in substance : all those from h . to the end of his reign , being not extant , but lost or mislayd , i shall present you with some few of the first of them yet extant in h. . upon the retorn of the last forecited writ that year . executio istius brevis patet in quadam cedula , & in quadam indentura huic brevi consuta . haec indentura facta apud lostwythiel , die aprilis anno regni regis henrici quinti , post conquestum angliae primo , in pleno com. ibidem tent . inter johannem arundel vic. com. praedicti ; & johan . whalesbrew , willum . grynevile , and . more there named , & plures alios de dicto com. ibidem tunc praesentes , secundum proclamationem dicti dom. regis , de militibus pro parliamento in dicto brevi specificato eligendis factam . qui tunc ibidem unanimi assensu et consensu eligerunt johan . wibbury & johan . trelonny milites , qui habent plenam & sufficieutem potestatem pro se & communitate com. praedicti , ad faciend . & con . sentiend , prout breve praedictum in se exegit & requirit . in cujus rei testimonium huic parti indenturae huic breve consut . proedictus johannes whalesbrew & caeteri omnes praenominati sigilla sua apposuerunt . et alteri parti indentur . praedictarum vic. sigillum suum apposuit . dat. die , loco & anno supradictis . nomina militum electorum pro parliamento in brevi huic cedulae consut . those named in the indenture having each two manucaptors . nulla est civitas in com. praedicto . nomina burgensium pro parliamento in com. praedicto : dounhevedburgh , . bodmyn burgh . . helston burg. . lostwithiel burg. . truru burg. . having every of them two manucaptors retorned over against their names , all there named . the counties of snssex & surry having a several writs , and but one sheriff are retorned both together ; the indenture for surry runs thus , haec indentura facta apud guldeford , &c. testatur , quod virtute brevis dom. regis in pleno com. praedicto plenarie lecti & auditi , per assensum & consensum willi weston , ( and three more there named ) & omnium aliorum fidelium ibidem existentium , electi sunt in milites pro communitate com. praedicti existend . ad parliamentum dom. reg●…s apud westm. ex tunc proxtenend . johannes burg●… . & willielmus aferde . in cujus rei testimonium , &c. the indenture annexed to the writ for sussex is in french , between the sheriff , & les gentilles homes & comunes du dit counte , dauter part , witnessing , that the gentlemen and commons had chosen richard sayvyle and richard wakebira , a consentie & affaire ceo que as chivalers de parliament affaire duement appertient , pur le bonor & profit du dit nostre seigneur le roy & son roialme : in testimony whereof the sheriff and the gentlemen , and commons , to wit , there named , and other gentlemen and commons , set to their seals the day and year aforesaid . none of the knights , citizens or burgesses tetorned upon this indenture , have any manucaptors indorsed on the indenture , nor retorned in the cedule , as most of the others have in other counties , though not all ; and some of them are retorned to be atached , & quilibet eorum separatim per se , by particular persons there retorned , without any manucaptors for them , as in the retorn for cambridge-shire . most of the indentures mention , that the knights elected and retorned have plenam & sufficientem potestatem pro se & communitate com. praedict . ad faciend . & consent . ●…iis qu●… tunc ibidem de communi co●…silio dicti regni favente domino ordinari contigerit super negoti●… in praedicto brevi specificatis . in cujus rei testimonium , &c. as the retorns of the sheriff of hertford-shire & essex , ( which counties had then but one sheriff ) and sundry others attest . the indenture for wyltes addes : item praesens indentura , testatur , qnod cives & burgenses de qualibet civitate & burg. com. praedict . electi , &c. plenam & sufficieneem potestatem prose , & communitate civitatum & burgorum praedictorum divisim habentes ad faciend & consentiend , prout dictum breve in se exigit & requirit . incujus rei testimonium , &c. in some retorns is added , by the electors , ( as also in h. . for essex . ) dante 's & concedentes eisdem roberto darcy & johanni tyrrel militibus , pro proedicto parliamento , plenam & sufficientem potestatem prose , & communitate com. praedicti ad faciend . & consentiend . hiis quae tunc ibidem de communi consilio regni domini regis favente domino ordinari contigerit super negotiis in praedicto brevi specificatis . the substance whereof is expressed in most retorns . the retorn of the she●…iff of bristol is thus endorfed . adprox . com. tentum apud bristol postquam istud breve mihi deliberatum fuit , viz die lunae die aprilis , anno regni henrici quarti post conquestum primo , proclamari feci breve infra scriptum prout illud requirit . et ulterius vobis certifico , quod ad eundem . com. & coadunatis , discretioribus & magis sufficientibus burgensibus dictae villae ex assensu jobannis clyve , majoris villae praedictae & aliorum plurimorum ibidem existentium , eligimus duos discretos & magis sussicientes burgenses com. bristol , viz. thomam norton & iohannem leycestre , qui tam ut milites pro com. bristol , quam ut burgenses villae praedict . respondeant in parliamento domini regis tenend . apud westm. a die pasche in tres septimanas , prox . futur . & eos ad praedictum parliamentum venire faciam , prout in altera parte quarundam indenturarum : inde inter me & illos qui electioni praedict . interfucrunt confect . huic brevi consut . continetur , prou●… istud breve requirit . iohannes sherpe vic. bristol . haec indentura facta bristol inter johannem sherpe vicecomitem com. bristol , ex parte ●…una , & johannem clyve majorem villae praedict . ( and thirty more named particularly ) & alios probos homines villae praedictae , ex . parte altera testatur ; quod virtute brevis . domini regis uni parti harum indenturarum consut . in com. tento apud bristol die lunae , &c. ( as before in the retorn ) coadunatis discretioribus & magis sufficientibus burgensibus dictae villae , thomas norton & johaennes leycestre burgenses & mercatores villae bristol sunt electi , essendi in parliamento domini regis tenend . &c. ( as before ) ad respondend . in parliamento praedicto tam ut milites pro com. bristol , quam ut burgenses pro burgo praedict . villae : qui quidem thomas norton et iohannes leycestre praesentes in electione praedict . praemuniti ( sunt ) comparendi in dicto parliamento ad diem et locum praedictum , ex consensu & assensu dictorum majoris et proborum hominum praedictorum , et communitatis villlae praedictae , ad consentiend . et faciend . omnia et singula quae in dicto parliamento contigerit ordinari , ac omnia alia quod breve praedictum exigit . in cujus rei testimonium tam praedictus vicecomes , quam praefatus major et singuli probi homines supradicti , sigilla sua alternatim apposuerunt . dat. bristol anno et die supradictis . the counties of somerset and dorset had then two distinct writs , and but one sheriff , who retorned both writs together . in the indenture for the county of somerset , dated at yuelchester , die maii , anno h. . there are electors only named ; qui ex assensu totius com. praedicti eligerunt . thomam brooke militem , et rogerum chedder , milites essendi apud westm. ad parliamentum &c. ad faciend , et consentiend pro commun . praedict . tunc . ibidem prout breve praefato vic. inde direct . &c. in se exigit et requirit , &c. these . knights have each one manucaptor over against their names , but the citizens and burgesses in the county none , except those of wells , who have two manucaptors over against their names : but the knights for the county of dorset have no manucaptors , nor any of the burgesses , except lyme , who have only two manucaptors for both burgesses . i shall trouble you with no more varieties of indentures of this kind to avoid prolixity : those who are not sufficed with these , may peruse them in the bundles of writs and retorns , anne , , , h. . , , , , , , h. . & . & edw. . where they may satiate , if not surfet themselves with retorns and indentures of this nature . the forms and substances of all the several writs for elections of knights , citizens and burgesses from h. . till h. . and of their respective retorns by indenture in the bundles of writs and retorns of anno , , & h. . et anno , , , h. . are the same with those of h. . last cited , and all the transcripts of writs for elections recorded in cl. h. . dors . . cl . h. . dors . . cl . h. . dors . . cl . h. . dors . . cl . . h. . d. . cl . h. . d. . cl . h. . d. . cl . h. . d. . cl . . h. . d. . cl . . h. . d. . cl . . h. . d. . cl . h. . d. . cl . . h. . d. . agree in substance and form with the last recited writs of h. . therefore i shall not repeat any of them , but refer you to their perusal in these rolls . yet after the statute of h. . c. . touching elections of knights , made upon the commons petition to the king and lords , entred in the parliament roll of h . num . . the form of the writs for ●…lections was somewhat altered and enlarged , yet without any ses form or alteration prescribed by that parliament or statute , as is evideut by the clause rolls of h. . dors . . h. . dors . . h. . d. . h. . d. . h. . d. . h. . d. . h. . d. . et h. . d. . and the bundles and retorns of the writs , an . , , h. . which all accord in this ensuing form of h. . which i shall only here insert . rex vic. kanc. salutem . quia pro quibusdam , &c. teste , ut supra usque ibi : et tunc sic : cum praelatis , magnatibus , et proceribus dicti regni nostri colloquiū habere volumus et tractatum . ac in stat . nostro in parl. apud west : ( so the writ in h. . but those in h. . and after ) apud westm. an. regni nostri . tento edito , inter caetera provisum et ordinatum , existit . quod milites com. infra regnum . nostrum angl. eligend . ad veniond . in parl . ex tunc tenend . eligantur in quolibet com. per homines in eodem com. commorantes et residentes , quorum quilibet habeat liberum tenement . ad valorem quadraginta solidorum peran . ad minus , ultra reprisas , et quod illi qui eligendi fuerint sint similiter in eisdem com. commorantes et residentes ; quodque illi qui habuerint majorem numerum ipsor . qui quadraginta solidos per an . ac ultra expendere possunt , ut praedict . est , per vicecom . cujuslibet com. per indenturas inter ipsos vicecom . et praefatos electores inde conficiend . sigiliatas , milites pro parl. returnentur . et quod quilibet vic. angliae habeat potestatem autoritate parliamenti praedicti , examinandi super sacra dei evangelia quemlibet hujusmodi electorem , quantum per annum expendere possit . et si aliquis vic. milites de veniendo ad parliamentum in contrarium ordinationis praedictae retornaverit , habeant * justic. ad assisas in sessionibus suis assisarum , potestatem autoritate supradicta de et super hoc inquisitionem capiendi , per quam si id coram eisdem justiciariis comperi & vicecomes inde debite convinci contigerit , tunc idem vic. paenā cent . librarum nobis solvend . incurrat , et imprisonetur per unum annum absque traditione in ballium , aut manucaptione . et quod milites pro parliamento nostro in contrarium ordinatione praedicta retornati vadia sua perdent , prout in statuto praedicto plenius continetur . tibi praecipimus firmiter injungentes , quod facta proclamatione in prox . com. tuo post receptionem hujus brevi●… tenend . de die et loco praedictis , duos milites gladiis cinctos , magis idoneos et discretos com. praedicti , et de qualibet civitate com. illius duos cives , et de quolibet burgo duos burgenses de discretioribus et magis sufficientibus , libere et indifferenter , per illos qui proclamationi interfuerint , juxta formam statuti praedicti , ac cujusdam alterius statuti inde dudum editi et provisi eligi , et nomina eorundem militum , civium et burgensium sic eligend . in quibusdam indenturis inter te et illos , qui hujusmodi electioni intersuerint inde conficiend . sive hujusmodi eligendi praesentes fuerint vel absentes , inseri , eosque ad dictos diem et locum venire sac . ita quod iidem milites plenam et sufficient . potestatem pro se et commun . com. illius , ac dicti cives et burgenses pro se et communitatibus civitatum et burgorum praedictorum , divisim ab ipsis habeant , ad faciend . et consentiend . hiis quae tune ibidem de communi consilio dicti regni nostri savente domino contigerit ordinari super negotiis antedictis . ita quod pro defectu potestatis hujusmodi , seu propter improvidam electionem militum civium aut burgensium praedictorum , dicta negotia infecta non remaneant quovis modo . nolumus autem quod tu , aut aliquis alius vicecomes dicti regni nostri aliqualiter sit electns . et electionem tuam in pleno com. tuo factam distinctè et apertè sub sigillis tui et sigillis eorum qui electioni illi interfuerint nobis in cancellariam nostram ad dictos diem et locum certifices indilatè , remittens nobis alteram partem indenturarum praedictarum praesentibus consutam una cum hoc breve . teste rege apud westm. die januar. consimilia brevia diriguntur singulis vic. ang●… : sub eadem data . rex vic. london salutem . quia , &c. ut supra . consimilia brevia diriguntur vic. subscriptis mutatis mutandis sub eadem data , viz. vicecomitibus civitatis eborum pro . civibus eligend . vic. villae novi castri super tynam pro . burgensibus eligend . vic. villae de k●…ngstone super hull pro . burgensibus eligend . vic. civitatis norwici pro . civibus eligend . vic. civitatis linc. pro . civibus eligend . by this writ of h. . ( agreeing with former writs ) here transcribed at large , you may observe , that it differs onely from the last recited in the rehearsal of the statute of h. . and from the precedent writs by the recital of the statute of h. . that since these acts the qualification of the persons is , that the knights and persons elected be only gladiis cinctos , magis idoneos & discretos , & similiter in eisdem com. commorantes & residentes , &c. that all elections must be made liberè & indifferenter , &c. as these writs and acts prescribe , prohibiting no officers or professions of men , whether lawyers or others , to be elected , but only sheriffs , in the nolumus autem , &c. in the parliament of h. . c. . there was upon the commons petition another new statute made concerning elections of knights , whereupon in the next writs of summons clause anno h. . m. . dorso it was inserted into the writs , agreeing verbatim with the last forecited writ , except only in this statutes recital thus inserted . rex vic. kanc. salutem . quia , &c. ut supra in the last recited to plenius continetur : and then , ac insuper in statuto nostro apud west . ultimo tento edito inter caetera ordinatum existat , quod milites com. pro parliamento ex tunc eligend . milites notabiles de eisdem com. pro quibus sic eligentur , seu saltem notabiles armigeri , hominesve generosi de natu , eorundem com. ou●… habiles sunt milites fieri , et nullus homo de gradu valettae et gradu inferiori de essendo milites hujusmodi existant , prout in eodem statuto plenius continetur . tibi praecipimus firmiter injungentes , &c. verbatim as in the last recited writ , t. rege apud westm. die dec. per ●…m regem & consil : suum , to the end . consimilia brevia follow to the sheriffs of counties , cities , and boroughs , as in it . this statute and writ puts a greater restriction in relation to the knights of counties qualities , abilities , sufficiences than any before , to prevent the elections of persons of mean quality , and estates , which the vulgar rabble of people in those leveling times were overmuch enclined unto ; which form continued in all succeeding parliaments under henry the sixth , and edward the fourth , with little or no variation , as the clause rolls evidence wherein they are recorded , viz. h. . d. . h. . d. . h. . d. . h. . d. . h . d. . h. . d. . h. . d. . ed. . d. . e. . d. . e. . d. . e. . d. . , & e. , d. . there are only two bundles of writs for elections and their returns under king edward the fourth remaining in the tower of london , anno & e. . agreeing in form and substance with the last recited writs , and their retorns and indentures with those forementioned in h . which those who please may peruse at leasure , being over-tedious and superfluous to transcribe at large . the ordinary forms of the writs , retorns , and indentures of this kind used after those in the tower ( ending with king edward the fourth ) and continued till the last parliament of king charles are these , which i shall present you with out of mr. crompton his jurisdictions of courts , f. , . elizabetha regina , &c. vic. n. &c. salut . quia de avisamento & assensu consilii nostri pro quibusdam arduis & urgentibus negotiis , nos , statum , & defensionem regni nostri angliae , & ecclesiae anglicanae , concernent . quoddam parlialiamentum nostrum ad civitatem nostram west . duodecimo die novembris prox . futur . teneri ordinavimus , & ibid. cum praelatis , magnatibus & procer . dicti regni nostri colloquium habere & tract . tibi praecipimus firmiter injungentes , quod facta proclamac . in prox . comitat . tuo post receptionem hujus brevis nostri tenend . die & loco praedict . duos milites gladiis cinctos magis idoneos & discretos comit . praedicti , & de qualib . civitate com . illius duos cives , & de quolibet burgo duos burgenses de discretioribus & magis sufficientibus libere & indifferenter per illos qui proclam . hujusmodi interfuerint juxta forma statutorum inde edit . & provis . eligi , & nomina eorundum milit . civium & burgens . sic electorum in quibusdam indentur , inter te et illos qui hujusmodi electioni interfuerint , inde conficiend . sive hujusmodi electi praesentes fuerint vel absentes , inseri : cosque ad dict . diem & locum venire fac . ita quod iidem milites plenam & sufficientem potestatem pro se & communitate comit . praedicti ; ac dicti cives & burgenses pro se & communitat . civitatum & burgorum praedictorum divisim ab ipsis habeant , ad faciendum & consentiendum hiis quae tunc ibid. de communi consilio dicti regni nostri ( favente deo ) contigerint ordinari super negotiis ante-dictis : ita quod pro defectu potestatis hujusmodi , seu propter improvidam electionem militum , civium & burgensium praedictorum , dicta negotia infecta non remaneant quovismodo . nolumus autem quod tu , nec aliquis alius vic . dicti reg . nostri aliqualiter sit electus . et electionem illam in pleno comitatu factam , distincte & aperte sub sigillo tuo , & sigillis eorum qui electioni illi interfuerint , nobis in cancellar , nostram ad dict . diem & locum certifices indilatè , remittens nobis alteram partem indenturarum praedictarum presaentibus consut . una cum hoc breve . teste me ipsa apud westmonasterium decimo octavo die saptembris anno regni nostri xxx . h. a. gerrard . retorn de vicount sur cest brief . virtute istius brevis eligi feci duos milit . gladiis cinctos magis idoneos & discretos de comitat . meo viz. w. f. & v. s , qui plenam & sufficientem potestatem pro se & communitate comitat . praedicti habeant , ad faciendum & consentiendum iis quae ad diem & locum infra contentos de communi consilio regni angliae ordinari contigerint : & praedicti w. f. & v. s. manucapti sunt per i. p. v. b. i. d. & r. n. ad essendum ad parliamentum dominae reginae apud westmonast . ad diem infra contentum , ad faciendum quod hoc breve in se exigit & requirit . li. int. f. . feci etiam praeceptum virtute hujus brevis i. b. & a. s. ballivis libertatis villae de g. in comitat . meo , quod de eodem burgo eligi facerent , duos burgenses de discretioribus & magis sufficientibus quod sint ad parliamentum dictae dominae reginae ad diem & locum infra content . ad faciendum & consentiendum ●…t praedictum est , qui quidem ballivi sic mibi respondent ; quod eligi fecerunt de praedicto burgo de g. duos bu●…g . discretos & magis sufficientes ad essend . ad parliamentum praedictum , viz. r. p. & g. i. ad faciendum & consentiendum ut supradictum est . virtute etiam istius brevis ad proximum comi●…at . meum post receptionem ejusdem , tentum apud v. tali die & anno in pleno comitatuillo proclamari feci omnia in isto brevi contenta , secundam formam & effectum hujus brevis , prout hoc breve in se exigit & requirit . residuum vero executionis istius brevis patet in quibusdam indent . huic brevi consut . li. intr. . haec indentura facta tali die & anno inter g. a. armig . vic . comitatus n. ex una parte , & i. b. & i. d. &c. ex altera parte testatur , quod secundum formam brevis huic indent . consut . fact . proclam . in pleno comitatu meo tento apud g. tali die & anno praedicti i. b. i. d. & alii qui procl . praedictae in pleno comitat . praedict . interfuerunt , secundum formam statutorum in brevi praedicto specificatorum & secundum exigen . brovis illius eligerunt w. f. & v. s. milites , gladiis cinctos , pro comitatu praedicto , ad essendum ad parliamentum in eodem brevi specific . qui plenam & sufficientem potestatem pro se et communitate comitatus praedicti habeant , ad faciendum & consentiendum prout breve illud in se exigit & requirit . in cujus rei testimonium , partes praedictae his indenturis sigilla sua alternatim apposuerunt . datum tali die & ann●… . plo. . g. a. armig . vic . autiel indenture serra fait inter vicount et burgesses de d. sur election de lour burgesses , &c mutatis mutandis . i have here given you the exactest , fullest , clearest account of all the several forms and varieties of writs for electing knights of counties , citizens and burgesses for our parliaments , and great councils , and of their retorns extant in our records , ever yet presented to the world , hitherto unacquainted with most of them , of which our greatest antiquaries have been in some measure ignorant : i shall now close up this section with . m●…morable rare records in the parliaments of & h. . touching the elections of knights , not impertinent to my purpose , and worthy publication . the first of them i find * thus recorded , rot. parl. an. h. . m. . n. . memorandum quod pro eo quod die novembris , anno praesenti , lecto coram rege & dominis spiritualibus & temporalibus in parliamento praedicto tunc existentibus , & per illos plenius intellecto retorno ejusdem brevis ipsius domini regis gilberto hore , nuper vic. cantebr . pro electione duorum militum inter alia , qui ad parliamentum praedictum pro com. praedicto venire debuissent juxta formam in eodem breve specificatam faciend . directi , satis evidenter constabat tunc ibidem , quibusdam certis de causis in eodem returno specificatis , nullos milites ad veniend . ad parliamentum praedictum pro eodem comitatu pretextu brevis praedicti ●…ctos aliqualiter extitisse ; per ipsum dominum regem de avisamento et assensu eorundem dominorum spiritualium et temporalium consideratum ●…t ordinatum fuit tunc ibidem , quod per quoddam aliud breve ipsius domini regis de data dicti prioris brevis , vic. com. praedicti detur specialiter in mandatis . quod ipse facta proclamatione in prox . comitatu suo infra dictum com. cantebr . post receptionem brevis illius tenend . de die & loco tentionis parliamenti praedicti , electionem duorum militum gladiis cinctorum , ac omnia alia in eodem continenda juxta formam ejusdem brevis faciat & exequatur . et quod idem vicecomes antequam ad hujusmodi electionem procedat , publicè in eodem com. proclamari & inhiberi faciat , ne aliqua persona tunc ibidene armata , seu modo guerrino arraiata ad electionem illam accedat , nec quicquam quod in perturbatienem pacis ipsius . domini regis seu electionis illius cedere valea●… ibidem , vel alibi faciat vel attemptet , nec quod aliqua persona se de electione illa intromittat , nec vocem suam in electione illa , tantummodo excepta persona quae vocem in hujusmodi electione infra com. praedictum facienda juxta formam statuti in eoslem brevi specificati habere debeat , dare praesumat quovis modo sub periculo incumbenti , ac sub paena imprisonamenti corporis sui ad voluntatem ipsius domini regis . et idem vicec . personas quae praemissa seu aliquod praemissorum in aliquo contemnere praesumpserint , prisonae ipsius domini regis mancipet & committat in eadem salvo & secure custodiend . quosque idem dominus rexpro earum deliberatione , aliter duxerit demandand . from which memorable writ i shall observe , . that the sheriff of a county after his writ for electing knights of the shire received and proclaimed , may justly refuse to proceed to th●… election , in case any souldiers or others armed with weapons , and arrayed in warlike manner resort unto it , to interrupt or disturb the election : and that this being retorned is a good excuse for the sheriffs not electing the knights ? ly . that the king and lords in that age were sole iudges of the retorns of sheriffs upon writs for elections , of the legality of them , and the elections made upon them ( as i have * elsewhere largely evidenced by records ) not the commons house . ly . that they alone ( not the commons ) gave order for new writs for electing knights and burgesses when , or where there was cause , and directions how to make them , as in this case and others . ly . that the sheriff was here specially directed , to make publick proclam . before the writ for election of knights for the shire , was read , to prohibit any person whatsoever to resort to the election armed , or arrayed in warlike manner , or to do any thing in disturbance of the kings peace , or of the election ; and that no person should interpose , meddle with or give his voyce in the election in any kind , but such who had a lawfull right to do it according to the form of the statute . ly . that if any person resorted to it armed , or did any thing that might either disturb the kings peace , or election , or intermeddle therein , or gave his voyce who had no voyce by law , that the sheriff should forthwith imprison him for his offence , in the kings prison , till the king himself give order for his release . which i conceive all sheriffs may still do in like cases by vertue of the statute of edw. . c. . concerning the freedoms of elections , which enacts and commands , upon great forfeiture , that no great man , nor other by force of arms , or menacing , shall disturb any to make free election . and if none may disturb the freedom of elections by armed force ; much less may they interrupt the members from sitting in the house , or disturb them in the freedom of their debates , when elected , assembled in parliament ; under greater penalties and forfeitures . the second is thus enrolled , rot. parl. an h. . n. . to the king our soveraign lord , meekly beseeching your true liegemen , sheriffs of the shires of this your noble realm that were of the years past passed ; where it pleased your highness to command divers of your said beseechers , by your honourable letters of privy seal to proceed to election of their several shires of knights of shires for this your present parliament , for the good & hasty speed thereof , please it your noble grace to ordain , and to grant by assent of your lords spiritual and temporal , and by the commons assembled in this present parliament by authority of the same ; that all elections of knights of your seid shires in such wise chosen , and by your said beseechers retorned , be as good and effectual as any election of knights , by any of your seid shires made or done by vertue of your seid writ or writs to every of your seid beseechers direct . and that your seid beseechers and their under-sheriffs and clarks , and every of them , be quite and discharged against your liege-people , of the penalties and forfeitures that they or eny of them be fellyn , or may be chargeable , by force of a statute made the year of your noble reign , as for occupying or exercising their seid office longer than a year for every maner elections of knights , as well by force of your writs , as by force of your letters of privy-seal , as otherwise , and for retorns of the same , and for all maner retorns of citizens and burgesses in their several shires for this present parliament , by every of them retorned before the last day of this present parliament . provided alway , that by this act they nor none of them be excused or discharged of eny other offence or thing done by them in eny of their seyd offices . alway forseyn that no man be amerced for eny suyt begon by him against eny of your seyd beseechers to recover the seyd penalties for eny occupation of the seyd office for the premises . le roy le voet . the occasion of this petition and act then passed is thus expressed in the printed statute of h. . c. . that divers knights of counties , citizens , and burgesses were named , retorned , & accepted in this parliament of h. . some of them without any due or free election , others without any election at all , against the course of the kings laws , and the liberties of the commons of this realm , ( by vertue of the kings letters of privy●…eal without any free election : ) and that by the means & labours of divers seditious , and evil-disposed persons , only to destroy certain of the great faithfull lords and nobles , and other faithfull liege-people of the realm , out of hatred , malice , & greedy , unsatiable covetousness , to gain their lands , inheritances , offices and estates . for which undue elections , the sheriffs being purposely kept longer in their offices than they otherwise should have been , and fearing to be exemplarily punished by actions upon the statute brought against them , thereupon they petitioned the king , and procured this act of parl. for them and their under-sheriffs present and future indemnities for these illegal elections , and retorns of persons unduly elected , or nominated by the king alone , without any election by the people ; for which misdemeanor of theirs , this whole parliament , and all acts made therein were repealed and made void the very next year and parliament following , h. . c. . from whence i shall observe , . that no sheriffs or officers , can be secured , in . dempnified against undue elections , and retorns of knights , citizens , and burgesses , nominated to them by the king , or any others , but only by act of parliament . . that such undue elections & retorns as these are usually made by the procurement and labour of seditious , and evil-disposed persons , out of malice , hatred , or insatiable covetousness , and for pernitious ends and designs . ly . that parliaments unduly elected , and packed by policy or power , prove alwaies abortive , and are repealed , as void and pernitious in conclusion ; of which we have seen pregnant instances in this and other late parliaments , worthy our saddest considerations . vsefull observations in and from the precedent section . from these recited writs , i conceive it to be most clearly and satisfactorily evidenced , . that there were no knights , citizens , or burgesses elected and summoned by writs to our great councils , and parliaments before h. . which i shall here further demonstrate by these punctual , irrefragable testimonies , presidents and records under his reign , till this very year , a anno . ( the of henry d. ) convenerunt magnates angliae ad regem apud westmonasterium , ut de negotiis regni tractarent : after which the king having suppressed the welsh the same year , and built a strong castle at montgomery , disbanded his army , concedentibus magnatibus de quolibet scuto duo marcas argenti b anno . ( the th . of his reign . ) rex henricus in octavis epiphaniae apud londonias veniens cum baronibus ad colloquium , requisitus est ab archiepiscopo cantuariensi & magnatibus aliis , ut libertates , & liberas consuetudines , pro quibus guerra mota suit , contra patrom suum confirmaret c anno . ( h. . ) per idem tempus convenerunt ad colloquium in octavis sanctae trinitatis apud nor●…amptonam , rex cum archiepiscopis , episcopis , comitibus , baronibus , & aliis multis , ( lords , peers , and others of his counsel ) de regni negotiis tractaturi , voluit enim rex uti consilio magnatum suorum de terris transmarinis , quas rex francorum paulatim occupaverat , d anno . ( h. . ) the king demanding advice , and an ayd of the fifteenth part of his peoples goods to recover his forrein territories ; archiepiscopus & concio tota ( apud westm. ) episcoporum , comitum et baronum , abbatum & priorum habita deliberatione , regi dedere responsum , quod regiis petitioibus gratanter adquiescerent , si illis diu petitas libertates concedere voluisset . whereupon he granted and confirmed the great charter . e the same year , martio mense , convenerunt apud westmonasterium ad colloquium rex angliae cum magnatibus suis , ubi rex sententialiter jussit diffinire , quid de proditore suo falcatio suit agendum . proceres vero in hoc pariter consenserunt , eo quod patri suo multis fideliter servierat annis , ne de vita periclitaretur vel membris , sed ut angliam aeternaliter abjuraret , omnes communiter addixerunt , which was accordingly executed forthwith . f anno . ( h. . ) venit interea terminus concilii ad festum sancti hillarii apud westm. praesixus , ubi rex cum clero & magnatibus regni comparere debuerat , ut domini papae mandatum audiret , &c. they meeting again the same year after easter , rex convocatis seorsum praelatis , & quibusdam magnatibus , hoc archiepiscopo dedit responsum , &c. g anno . ( h. . ) fecit rex conveni●… apud westm. dominica qua contatur misericordia domini , archiepiscopos , episcopos , abbates , priores , templarios , hospitilarios , comites , barones , ecclesiarum rectores , et qui de eo tenebant in capite , ( but no knights of counties , citizens , and burgesses we read of ) ut audirent negotia memorata of stephen●…ho ●…ho popes chaplain , and nuncio , demanding an ayd against the emperour from england . ) et de rerum exigentiis communiter tractarent ibidem . ( h ) anno . ( h. . ) convenerunt ad colloquium apud westm. rex cum praelatis et aliis magnatibus regni , &c. the king this year intending to mary the king of scots daughter , indignantibus comitibus et baronibus suis unmersis , because hubert who was chief iustice had maried the eldest daughter , he thereupon desisted from his purpose . i anno . convenerunt nonas martii ad colloquium apud westm. ad vocationem regis , magnates angliae tam laici quam praelati , &c. comes cestriae ranulphus pro magnatibus aliis loquens , &c. after which the same year , convenerunt apud lambiam ad colloquium in exaltatione sanctae crucis coram rege , episcopi , & alii ecclesiarum praelati , cum proceribus regni . ubi concessa est regi , &c. quadragesima pars rerum mobilium ab episcopis , abbatibus , priorribus , clericis & laicis , ficut ea habuerunt in frugibus tunc congregatis in autumno , anno regni ejusdem regis . the writ for collecting it ( which is memorable ) recites , k sciatis quod archiepiscopi , episcopi , abbates , priores , & clerici terras habentes qui ad ecclesias suas non pertinent ; comites , barons , milltes , liberi homines et villani de regno nostro concesserunt nobis in auxilium . partem omnium mobilium suorum apparentium , &c. yet w●…e read of no milites , liberi tenentes , or villani ; but only episcopi & ecclefiarum praelati ; cum procerbus regni , summoned to this parliamentarie convention ; whose grant of this ayde , is said to be the grant of all the clergie , knights , freemen , and villains of the realm too ; yet we never read that villains were members of parliament , or the commons house in any age : l anno . ( h. . ) rex missis literis vocavit omnes de regno comites & barones ad colloquium , ut venirent apud oxoniam ad festum sancti johannis . sed ipsi noluerunt ad ejus mandatum venire , tum propter insidias alienigaenarum , tum propter indignationem , quam conceperant adversus regem , qui extraneos ob eorundem baronum vocavit contemptum , &c. after which the same year , cum comites ac barones angliae in magno militiae apparatu londonias tenderent ad colloquium , calend. augusti sibi praefixum , &c. venerunt autem ad colloquium praedictum comes cestriae , &c. cum aliis comitibus et baronibus multis ; sed nihil ibi actum fuit propter absent●…am comitis marescalli , & gilberti de basset , et quorundam aliorum absentiam magnatum . after which the same year , m erat interea rex apud westm. ad colloquium idus octob. sicut magnatibus promiserat , , ut per eorum consilium emendaret ea , quae in regno erant corrigenda : the bishops being there likewise present . n an. ●… . ( h. . ) rex anglorum venit ad colloquium apud westm. in purificatione beatae mariae , &c. after that , convenerunt ad colloquium dominica prima in passione domini ( to idus aprilis ) apud westm. rex cum comitibus & baronibus , et archiepiscopus cum suis su●…fraganeis , ut regno perturbato salubriter providerent : o anno . ( h. . ) the archbishop , cum episcopis , magnatibus , nobilibus , & praelatis , were present at londan at the kings marriage ; which festivitie ended , rex venit mertoniam , utibi revocati magnates , audito recenti imperatoris mandato , unà cum rege de regni negotiis contrectarent . audiens autem rex simul & magnates ibi congregati , praehabita deliberationis responderunt , &c. then reciting the statutes there made . item concessit dominus rex ex consensu magnatum , quod de caetero non currant usurae contra minorem , &c. cap. . rogaverunt omnes episcopi magnates , ut consentirent , quod nati ante matrimonium essent legitimi , sicut illi qui nati sunt post matrimonium , quantum ad successionem haereditariam , quia ecclesia tales habet pro legitimis , et omnes comites et barones responderunt una voce ( without any knights , citizens , burgesses or commons , that wee read of ) quod nolunt leges angliae mutare , quae bucusque usitatae sunt et approbatae . and cap. . quia magnates petierunt , &c. mentions only the nobles without any commons . the q same year kalend maii , congregati sunt magnates angliae londini ad colloquium , de negotiis regni tractaturi . after which , congregati sunt apud wintoniam magnates angliae praesente rege , sexto idus junii ; ubi rex nitebatur , &c. anno quoque eodem rex suorum consilio fretus magnatum iter versus eboracum maturavit , ut consilio fultus majorum regni , provideret qualiter discordia inter ipsum et regem scotiae alexandrum , quae jam in odium excreverat , penitus sedaretur , &c. r anno . ( h. . ) rex henricus misit continuo per omnes fines angliae scripta regalia , praecipiens omnibus ad regnum angliae spectantibus , videlicet , archiepiscopis , abbatibus , & prioribus installatis , comitibus & baronibus ( but to no knights of shires , citizens or burgesses , we read of ) ut omnes sine omissione in octavis epiphaniae londoniis convenirent , regia negotia tractaturi totum regnum contingentia . quod audientes magnates , regiis praeceptis continuo paruerunt . venit igitur die sancti hilarii londonias infinita nobilium multitudo , scilicet regni totalis universitas , &c there being no mention of any commons , but only of the nobles magnatum & baronum , in the debates and transactions of this grand council : after which the same year , rex asseruit in colloquio , ad quod etiam ex longinquo nobiles convocaverat , cum juramento , &c. who granted him an ayd secundum provisionem magnatum expendendum . s eodem anno scripsit rex omnibus magnatibus suis , ut coram eo et domino legato in festo exaltationis sanctae crucis eboracum convenirent , de arduis negotiis regnum contingentibus tractaturi : where a peace and league was concluded between him and the king of scots . t anno . ( h. . ) convenerunt magnates die statuto londini , super his diligenter tractaturi , &c. ibi igitur post multas multorum deceptationes se subjecit rex quorundam provisioni de gravioribus viris , jurans se eorum provisioni adquiesceret . quod et factum est , et in scriptum redactum , & appensa sunt tam legati , quam aliorum magnatum sigilla , omnibus in communi manifestanda . u anno . ( h. . ) comites , barones , & alii magnates angliae , writ and sent a letter to the pope against his encroachments on their advowsons , presented to him by robert de twinge , ex parte magnatum angliae , who returned an answer to it beginning thus ; gregorius episcopus , &c. dilectis filiis nobilibus viris r. comiti pictavtae & cornubiae , & baronibus angliae : x anno . ( h. . ) congregati sunt londi●…i archiepiscopi & episcopi , cum multis aliis magnatibus , praesente etiam legato , reponentes querimoniam coram rege in curia sua , super variis injuriis et oppressionibus , et quotidianis desolationibus illatis ecclesiae , per iniquum regis confilium , contra suas cartas , et juramenta temerè veniendo , &c. ejusdem anni spatio convenerunt apud radingum omnes angliae archiepiscopi , episcopi , et majores abbates , et quidam magnates regni , papalo mandatum à domino legato explicandū , audituri , &c. comes vero ricardus & alii magnates crucesignati ibidem existentes , &c. anno . ( h. . ) scripsit rex anglorum omnibus regni sui magnatibus , archiepiscopis , episcopis , abbatibus , prioribus , comitibus & baronibus , ( without mentioning any knights , citizens , burgesses or commons ) districtè praecipiens , ut omnes generaliter londinum die martis ante purificationem beatae virginis convenirent de arduis negotiis regni , dilationem non capientibus , cum summa deliberatione tractaturi . imminente vero purificatione beatae mariae , totius angliae nobilitas tam praelatorum , quam comitum et baronum , secundum regium praeceptum , est londini congregatum , &c. responderunt magnates , cum magna cordium amaritudine , &c. there being no mention of any commons , knights , citizens , or burgesses therein ( though writ in the margin : convocatur generale parliamentum londini , &c. ) postea verò , ne oblivio tenorem responsionis baronum deleret , in scriptum taliter sunt haec redacta . cum dominus eboracensis archiepiscopus , et omnes episcopi angliae , abbates et priores per se , vel per procuratores suos , necnon et omnes comiteg et ferè omnes barones angliae , ad mandatum domini regis convenissent apud westm. &c. anno dom. . regni henrici . regis . audituri domini regis voluntatem et negotium , pro quo ipsos mandaverat . et idem dominus rex , &c. per eosdem solennes nuncios omnes magnates de regno suo rogasset de consilio ei dando et auxilio faciendo , &c. tandem dicti episcopi , abbates et priores , comites et barones , magno inter eos tractatu praehabito , in primis domino regi per praedictos magnates dederunt consilium , &c. et cum dicti magnates nuncii istud domino regi nunciassent responsum , redeuntes ad barnagium , dixerunt , quod in parte sufficiens dederunt domino regi responsum . z anno . ( h. . ) convenerunt regia submonitione convocati londinum magnates totius regni , archiepiscopi , episcopi , abbates , priores , & comites & barones ; ( without knights , citizens , burgesses or commons ) in quo concilio petiit rex ore proprio , in praesentia magnatum , auxilium sibi fieri pecuniare , &c. recedentesque magnates de refectorio , convenerunt archiepiscopi , & episcopi , abbates & priores seorsim per se super hoc diligenter tractaruri . tandem requisiti ex parte eorum comites & barones , si vellent suis consiliis unanimiter consentire in responfione et provisione super hiis facienda ? qui responderunt , quod sine commnni universitate nihil facerent : whereupon the spiritual and temporal lords appointing a committee , agreed in an answer and ordinance ; there being no mention of any but of these magnatum , magnates , magnatibus , et praelatis , in all the passages of this parliamentary council , which are large and notable . a the same year , convenientibus autem iterum magnatibus cum praelatis generaliter londini , a die purificationis beatae mariae in tres septimanas . concilium super praedictis negotiis et tractatum habuerunt diligentem : where they granting the king an ayde to marrie his daughter of xx . upon every knights fee , upon condition to ratifie the great charter ; cum novisset martinus nuncius domini papae , quod magnates angliae regiae contributioni generaliter consensissent , inhiabat avidius ad negotium suum ad quod missus fuerat consummandum , &c. after which the same year , b rex edicto publicè proposito , & summonitione generaliter facta , fecit notificare per totam angliam , ut quilibet baro tenens de rege in capite , haberet prompta & parata regali praecepto omnia servitia militaria , quae ei debentur , tam episcopi et abbates , quam laici barones : congregata igitur universitate totius angliae nobilium apud novum castrum super fluvium thynam , tractatum est diligenter , super tam arduo negotio ( concerning the differences and an accord between alexander king of scots and king henry ) concilio habito circa assumptionem beatae mariae diligentissimo : where peace was concluded between the kings , and ratified by the charter of the king of scots , and the seals of his prelates , earls and barons . the same year c in crastino omnium animarum convenientes magnates angliae , rex cùm instantissimè , ne dic●…m impudentissimè auxilium pecuniare ab eis iterum postularet , toties laesi et illusi contradixerunt ei unanimiter et uno ore in facie . d anno . ( h. . ) rex missis , literis suis totius regni magnates convocavit , ut londini die qua cantatur , letare hierusalem , de statu regni generaliter convenirent tractaturi . on which day , edicto regio convocata convenit ad parliamentum generalissimum totius regni anglicani totalis nobilitas londini , videlicet praelatorum , tam abbatum & priorum , quàm episcoporum , comitum quoque & baronum ( without any mention or intimation of knights , citixens . burgesses , commoners ) ut de statu regni jam vacillante , efficaciter , prout exigit urgens necessitas , consulerent . convenientibus igitur ad parliamentum memoratum totius regni magnatibus , in primis aggressus est , dominus rex ore proprio episcopos per se , posteà verò comites & barones , deinde autem abbates & priores ; videlicet , super his pro quibus miserat nuncios suos solennes ad concilium - lugdunense : then shewing them the oppressions and grievances of the church and realm of england by the pope , drawn into articles ; which they all consented unto : the bishops by themselves , the abb●…s by themselves , the earls , nobles , and barons by themselves , in their own names , and in the name of all the clergy and people of england , and the king by himself , writ several letters to the pope and cardinals for their redress . the king in the mean time sending forth prohibitions under his seal to all the bishops , e not to pay any tax or tallage to the pope ; contra provisionem per magnates nostros tam praelatos quàm comites & barones factam in concilio nostro londinensi , &c. after which , die translationis beati thomae martyris , habitum est magnum concilium inter regem et regni magnates apud wintoniam ; where receiving the popes answer to their messengers sent to the council of lyons , touching their grievances , and his carriage towards them , haec autem cum audisset dominus rex cum magnatibus suis , commotus est vehementer et meritò , &c. anno . ( h. . ) f urgente mandato papali redivivo , de importabili contributione , &c. fecit dominus rex magnates suos , necnon et angliae archidiaconos ( but no knights , citizens or burgesses ) per scripta su●… regia londinum convocari . quo cum pervenissent die praefixo , episcopi omnes sese gratis absentarunt , ne viderentur propriis factis eminus adversari . in crastino igitur purificationis beatae mariae , dominus rex cum suis magnatibus tractatum habens diligentem , per plures consilium urgens dies protelavit . at last they sent letters to the pope in the name of all the clergy and people of england for redress of their grievances . the same year , h dominus rex comperiens regnum suum enormiter periclitari , jussit omnem totins regni nobilitatem convocari , ut de statu ipsius tàm mani●…è periclitantis , oxoniis &c. diligenter contrectarent . praelatos áutem maxime ad hoc parliamentum vocavit arctius . after which ; scripsit rex omnibus regni sui magnatibus ut in festo sancti edwardi , omnes ibidem convenirent : die igitur praefixo convenientes magnates apud we●…m . there was a christal vessel of the blo●…d of christ presented & shewed to them sent from hierusalem , which the king bestowed on st. peters at westminster . i anno . ( h. . in octavis purificationis edicto regio convocata totius regni angli●… nobilitas , convenit londini , ut de regni negotiis nimis perturbati , & depauperati , & de temporibus nostris enormiter mutilati , diligenter & efficaciter simul , cum domino rege contrectaret . advenerunt igi●…r , illuc , excepta baronum , militum nobilium , nec non & abbatum , priorum , & glericorum , multitudine copiosa , novem episcopi , cum totidem comitibus , ( there named . ) et cum proposuisset dominus rex , ( non enim propositum suum latuit universitatem ) pecuniare auxilium postulare , redargutus est graviter super hoc , &c. quia quando in ultima tali exactione cui nobiles angliae vix consenserunt , confecit cartam suam , quod amplius talem non faceret magnatibus suis injuriam & gravamen , &c. k anno . ( h. . ) dominus rex ad jam solitas cavillationes romanas recurrens , cum non posset omnes congregatos regni nobiles ad consensum flectere , singulos ad se vocans , vel unicuique scribens , affatus est eos impudenter supplicando , &c. the same year , ad clausum paschae convenerunt magnates angliae , prout condictum fuerat cis londini , ut quod rex saepè promiserat , eisdem saltem tunc adimpleret : but by reason of earl richards voluntary absence nothing was effected . et sic magnates delusi ad propria remearunt . l anno . ( h. . ) convenerunt velut ex edicto regio convocati londini totius angliae praelati serè universi & magnates ; of whom he desired a tenth of all ecclesiastical livings granted unto him by the pope ; which all the bishops joyntly and severally opposed : soluto igitur cum regis , cleri , & magnatum indignatione consilio . afterwards , convocatis denno , dominus rex dptimatibus suis , qui suo impetui primo restiterunt , convenit eos de negotio vasconiae , quid agendum ? cui responderunt magnates , &c. solutum est igitur concilium , rege hinc inde tam contra magnates , quam contra praelatos , ira succensus vehementi . there being no mention nor intimation of any knights , citizens , burgesses or commons present in it . n anno ( h. . ) in quindena paschae mense aprili tota edicto regio convocata angliae nobilitas convenit londini , de arduis regni negotiis simul cum rege tractatura . extiterunt igitur ibidem cum comitibus & baronibus , archiepiscopus cantuariensis , & episcopi angliae ferè omnes . archiepiscopus verò eboracensis , qui in quantum potest regis concilia vitare consuevit , quia expertua ea frequenter esse vana , excusavit se , ●…erens se esse remotum & senem . pro cestrensi autem absente valetudo manifesta allegavit . in this parliament th●… great charter was confirmed , and a solemn excommunication denounced by all the bishops against the infringers thereof . o anno . ( h. . ) congregati iterum angliae magnates londini . quibus significavit rex , quod pecunia indigebat , &c. responderunt autem omnes & singuli , &c. magnates edocti , regis muscipulas praecaverunt . p anno . ( h. . ) in quindena paschae , quae vulgali●… hokeday appellatur , convenerunt londini omnes nobiles angliae viri ecclefiastici , quam seculares , ita quòd nunquam tam populosa multitudo ibi anteà visa fuerat congregata . libi dominus rex se multis debitis conquestus est fuisse implicatum , nec se posse sine magnatum suorum efficaci juvamine liberari , &c. inito igitur consilio , &c. quia illud nullo modo suisset tollerabile , inter eos concessum est , quòd multum sese gravarent pro magnae chartae sine omni cavillatione observatione ex tunc & deinceps , quam , &c. quia nesciebant praelati vel magnates quo modo suum prothea , scilicet regem tenerent , &c. nobiles pro imminenti exactione , in cordibus sauciabantur , &c. q anno . ( h. . ) ad festum sancti edwardi , fuerunt apud westmonasterium omnes ferè angliae magnates : inter quos prius rex alloquebatur fratrem suum comitem cornubiae richardum , petens ab eo instantissimè auxilium pecuniare , &c. comes autem nec preces regis , nec papae voluit exaudire , & eo maximè , quod negotium eundi in apuliam assumpsit sine consilio suo & assensu baronagii sui , &c. rex itaque , ad consuetas conversus cavillationes , ut magnates flecteret ad cons●…sum , per multos dies negotium parliamenti distulit inchoati , ita ut usque in mensem fictis occasionibus negotium protelaret . et tunc a●… alium locum conciliaturos , evacuatis in civitate london . crumenis , potius provocavit , quàm convocavit , &c. et sic infecto negotio singuli provocati , ad propria remearunt , r anno . ( h. . ) in media quadragesima factum est magnum parliamentum , &c. adierant autem ad dictum parliamentum , comes gloverniae richardus , dominus johannes mansel , novus in regem electus alemanniae comes ricardus , universitati angliae valedicturus . extitit enim ibidem tota ferè angliae nobilitas . sciendum quod in memorato parliamento generalissimo , fuerunt sex archiepiscopi , videlicet cantuariensis , eboracensis , dublanensis , messanensis , qui opimas à singulis ecclesiia recepit procurationes . et tarentiuus appulus , qui venerat ad infatuandum regem super negotio apuliae , the sixts he forgets to name : but he mentions no knights , citizens , burgesses or commons present in , or summoned to this most general parliament . s anno . ( h. . ) post die martis , quae vulgaliter hokedaio appellatur , factum est parliamentum londini . rex namque multis & arduis negotiis sollicitabatur , &c. exigit insuper pecuniam insinitam , &c. doluit igitur nobilitas regni , se unius hominis , ita confundi supina simplicitate , &c. in crastino autem & diebus sequentibus , habuerunt diligentem tractatum rex & magnates , quomodo conterrerent wallensium tam intollerabilem cum irruptionibus suis crebris insolentiam . submonetur igitur generaliter tota angliae militia , ut omnes qui tenentur ad servitia militaria dom●…no regi , sint prompti & parati sequi regem profecturum in walliam , cum equis & armis , die lunae ante nativitatem b. johannis baptistae apud cestriam , &c. eodemque tempore cum instanter & constanter respondissent magnates regni communiter regi , qui cum magna instantia in memorato parliamento urgenter pecuniam insinitam sibi dari postulasset , pro negotio apuliae expediendo , & aliis arduis promovendis , quod nullo modo potuerunt sine eorum irrestaurabili subversione toties inaniter substantiolas suas usque ad exinanitionem effundere , &c. cum constanter & praecisè respondissent quasi uno ore magnates regni in parliamento regi , cum urgenter ab eis postulasset auxilium pecuniare , quòd nec voluerunt , nec potuerunt amplius sustinere tales extortiones . rex iratus , ad alia se conuertit aslutiae argumenta , &c. duravit adhuc praelibati parliamenti altercatio inter regem & regni magnates , usque diem dominicam proximam post ascensionem , & multiplicabantur contra regem variae diatim querimoniae , &c. et quia nesciebant adhuc magnates quomodo suum prothea tenere voluissent , quia arduum fuerat negotium & difficile , dilatum est parliamentum usque ad festum sancti barnabae apud oxoniam diligen ter celebrandum . interim optimates angliae fibi praecaventes & providentes , consoederati sunt , &c. t instante vero festo sancti barnabae apostoli , magnates et nobiles terrae ad parliamentum quod oxoniae tenendum suit , properabant , praeceperuntque omnibus , qui eisdem servitium militare debuerant , quatenus cum ipsis venirent parati , veluti ad corpora sua contra hostiles insoltus defensuri , &c. parliamento autem incipiente , solidabatur magnatum propositum & confilium immutabile , &c. in all the debates and transactions of this parliament recited at large in our historians , there is no mention of any knights , citizens , burgesses , commons , but only of comites , magnates , barones , nobiles , who acted and spake all , who are stiled universitas regni , and the statutes and ordinances they made at oxford , statuta baronum ; to which the londiners and others assented : u cirea festum sancti leonardi tale iniit consilium universitas baronagii quod tunc londinierat . x anno . ( h. ) fuit rex ad natale domini londini , ubi magna sollicitudine tractatum est inter nobiles regni , quomodo conservato suo salubri proposito , satisfacerent defiderio regis richardi de alemannia , &c. proposuerunt igitur magnates accipere juramentum ab ipso rege aleman . antequam applicuisset , ne regno angliae quomodolibet noceret , vel provisionem communem impediret , comes autem legriae simon , non sine multoram admiratione , in partibus adhuc transmarinis morabatur . unde in magna parte suit consilium baronagii mutilatum , &c. in crastino autem intraverunt magnates angliae capitulum cantuariense , where king richard took a solemne oath before them , which they prescribed and administred to him . in octavis purificationis , congregati sunt nobiles angliae londini , prous inter se prius condixerant , &c. over against which is printed in the margin , parliamentum londini habitum . after which the historian informs us , william de hortuna was sent into scotland , negotia enim ardua sed secreta regi & reginae , as scotioe magnatibus , sibi injuncta fuerunt , ex parte regis & reginae & magnatium angliae . quicum illo●… veniret , regem scotiae & reginam , & regni magnates , ibi ad parliameutum in v●…nit , prout desideravit , congregatos , &c. by which it is evident , that in this age the king , queen , and nobles of england and scotland , constituted and made up the parliaments of both kingdoms , without any elected knights of shires , citizens or burgesses , introduced in succeeding times . the same year , z circa kalend. apr. ex praecepto et consilio domini regis angliae et totius baronagii , arripuerunt iter transmarinum ad parliamentum magnum regis francorum tenendum in francia pro pluribus arduis negotiis regna franciae & angliae , de resignatione normanniae et literas credentiae , &c. magnates vero angliae statutis quae inceperant salubriter intendebant , ad malas consuetudines , injurias et corruptelas amodo delendas , omnino assidui et confederati , a anno . ( h. . ) after the battel of evesham , wherein the barons were slaine and routed , on the nativity of our ladie , septemb. . rex potestati regiae restitutus , de consilio filii victoris wintoniam parliamentum convocavit , ubi consilio inito , civitatem londinensem ob suam rebellionem privavit suis privilegiis & libertatibus antiquis , capitaneos etiam factionis contra regem , juxta voluntatem ejus plectendos jubet carceri mancipari : rex et regni proceres writes matthew westminster ) apud winton : ordinarunt , quod ditiores civitatis londinensis in carcerem truderentur , quod cives antiquis libertatibus privarentur , et quod stipites et cathenae quibus civitas fuerat roborata , de medio tollerentur , pro eo quod simoni de monteforti , comiti leicestriae in regis contemptum , et etiam damnum regni , fortiter adhaeserunt : quo totum factumest . by all these historical passages in matthew paris , rishanger his continuer , and mat. westminster , it is most apparent beyond contradiction , that as there were many writs of summons under k. henry . to parliamentarie councils issued to the spiritual and temporal lords before h. . not extant in the clause rolls , or other records : so there were no knights of shires , citizens , burgesses or commons elected or summoned by writ or charter to these great councils or parliaments during all the reign of king henry the 〈◊〉 . until the parliament held at london in octabis sancti hillarii , the . year of his reign , when they were first elected , & summoned by writ , for ought appears by historie or record ; there being none but the archbishops , bishops , abbots , priors , earls , nobles , barons , spiritual and temporal lords of the realm , summoned to , consulting , acting , debating , ordering , enacting lawes or ordinances , or granting , refusing aydes , subsidies , or expostulating with the king or pope in any of them ; as all these transcribed passages evidence , with the records of claus. h. . m. . vic. lincoln , claus. h. m. . cited in my epistle before the first part of this brief register , kalendar and survey ; and those of h. . here cited , p. . to . to which i shall superadde for further confirmation of this truth , claus. h. m. . rex majori et civibus suis dublin , &c. where the king reciting the death of the earl marshal slain in ireland ; subjoyns : nos vero ea occasione convocavimus archiepiscopos , episcopos , comites , barones , et omnes magnates nostros angliae , quod sint ad nos apud london die dominica prox . post instante●… mediam quadragesimam , ad tractandum nobiscum ibidem super hiis & aliis statum nostrum , & terrae nostrae angliae & hiberniae tangentibus ; & nos domino concedente de consilio praedictorum ibidem providebimus secundum quod nobis , et indempnitati t●…rrae nostrae angliae & hiberniae viderimus expedire . quod verò ad diem illum actum fuerit et provisum , vobis sine mora & dispendio et significari curabim●… . t. rege apud westm. die martii . plac. h. . rot . . dorso : claus. h. . dorso . & dorso . fitzberbert darrein presentment , . provisum est coram domino rege , archtepiscopis , episcopis , comitibus & baronibus , & consilio domini regis , quod nulla assisa ultimae praesentationis de caetero capiatur de ecclesiiis praebendatis , nec de praebendis , &c. pat. h. . d. . . rex vic. norff. & suff. scias , quod die merc. in crastino sancti vinc. in curia nostra coram nobis et coram venerabili patre e. cantuar. archiepiscopo , & coepiscopis sul●… , et coram majori parte comitum et baronum nostrorum angliae , pro communi utilitate totius regni nostri provisum suit , tam à praedictis archiepiscopis , episcopis , comitibus & baronibus , quàm à nobis con●…ssum , quod de caetero , omnes viduae , &c. r●…citing the statute of merton made that year , according to the c printed latin prologue thereof : claus. h. . dorso . de magna carta tenenda ad in●…antiam p●…latorum & magnatum regm nostri , &c. and claus. h. . dors . . where the pope by his letters earnestly pressing king henry the d to restore his brother adomar to his bishoprick of winchester , being enforced to relinquish it and england too by the barons prosecution ; the king in his letter to the pope there recorded , alleged , that though he was readie to gra●…fie his holiness in any thing he might ; yet he could not consent to adomars restitution . adding , your nuntio who brought this letter , preces et praecepta vestra coram nobis & praelatis regni nostri , qui tunc nobiscum aderant , ac alia universitate comitum , baronum ac procerume regni nostri , plenè et diligenter exposuit , et diebus pluribus nitebamur nos , consilium nostrum , et universitatem praedictam ; to give their assents for adomars restitution . tamen mandatis hujusmodi , quod non solum personam nostram , verum etiam universitatem regni nostri contingit , non possumus absque gravi dispendio , et subversione jurium et consuetudinum regni ejusdem , et contra juramentum proprium , adimplere . et quanquam hoc facere vellemus , praedicta universitas in hac parte , quae unius confilii et voluntatis existit , propter graves et notabiles excessus praedicto fratri nostro objectas id nullatenus sustineret , &c. which passages , with others in this memorable letter of the kings , compared with that letter sent about the same time by the lords against adomars restitution , to the pope , ex parte regni et totius angliae universitata , scriptum a barnagio ; mentioned by d matthew paris , anno . and printed in his additamenta , p. , , . beginning thus ; sanctissimo patri in christo alexandro , &c. communitas comitum , procerum , magnatum , aliorumque regni angli●… , &c. re●…iting , that the king by the popes power and assistance could not without their counsel and assent , much lesse against their wills , effect what he desired ; nor reform his kingdom , but de procerum & magnatum suorum consilio : caeterum praefatus dominus rex attendens impossibile pondus negotii memorati et statum regni sui imbecillum , voluit et expressè concessit , ut de procerum & magnatum consilio ( sinè quibus regnum suum gubernare non poterat , nec negotium prosequi memoratum ) dicta reformatio promoveret : which adomar , breaking his oath , and receding from his promises , opposed , to the great disturbance , and almost total subversion of the whole realm , &c. his unbrideled rapines , tyrannies and opp●…ssions ( which they there expres●… at large ) being such , and rendring him so odious , that scituri pro certo , quod etiamsi dominus rex & regni majores , ( assembled in a parliamentary councill ) hoc vellent , communitas tamen ( out of parliament ) ipsius ingressum in angliam jam nullatenus sustineret . which letter was subscribed and sealed by . earls , and . noblemen , vice totius communitatis ( barnagit ) in testimonium praedictorum : being likewise compared with the popes answer thereunto ; e literae papales missae communitati angliae , alexander episcopu●… , &c. dilectis filiis , nobilibus uiris , consiliariis charissimi in christo filii nostri illustris regis angliae , ac caeteris proceribus et magnatibus regni angiiae , salutem , et apostolicam benedictionem , &c. will infallibly evidence . first , that the king , prelats , earls , spiritual , temporal barons , and nobles of the realm , were our only parliament members , without any knights , citizens or burgesses annexed to , or pr●…t with them , before h. . ly . that they were then usually stiled the communitas , or universitas regni , or barnagii , baronagii , or communitas comitum procerum et magnatum regni anggliae ; and only intended , denoted by these titles and phrases , not the knights , citizens , burgesses or commons in parl. as e sir rob cotton , and others of note , as well as some injudicious antiquaries have mistaken : which having g elsewhere at large evinced beyond all contradiction , i shall not here further insist upon ; but proceed to some other general observations on the precedent writs . ly . from the manifold varieties and differences of these recited writs both of election and prorogation before and since the statutes of henry . , & . touching elections , the readers may discern the gross oversight and mistake of sir edward cook in his . institutes , p. . that these writs of summons and election can receive no alteration but by act of parliament : which having elsewhere touched , and at large refuted , register part . p. . , . i shall prosecute no further . ly . i shall observe from the precedent writs , that no persons ought of right to be elected knights of any county , nor citizens , burgesses , or barons of any city , borough or port wherein they are elected , but such as are real , actual members of the said respective counties , cities , boroughs , ports , residing , or inhabiting within them , as this clause in all the recited writs ; de comitatu tuo duos milites , et de qualibet civitate duos milites , et de quolibet burgo duos burgenses , & de quolibet portu duos barones , &c. de discretioribus & ad laborandum potentioribus eligi &c. clearly import , and the statutes of h. . c. . h. . c. . h. . c. . h. . c. . ( being declaratory only in this point ) most punctually enact in precise terms : and if any other persons who are no inhabitants , or residents within , or proper members of such counties , cities , boroughs , ports be elected or returned , they may lawfully refuse to sit or serve , as the writs and these statutes clearly evidence , without the least contempt or penalty , the peoples election of such , contrary to the writs and these statutes , being void in law , and unable to contradict . or reverse the writ , acts to the contrary if insisted on . ly . these usual claus●…s in most , writs de discretioribus , et ad laborandum potentioribus seclude and exempt all infants under age , ideots , lunaticks , insi●…m , aged , sickly persons , unable to travell , sit , counsell , advise , and discharge their trusts , from being elected knights , citizens , burgesses or barons of ports ; and if any such be elected , returned by the oversight , imprudence , improvidence of the electors , they may and ought to be discharged by the king and lords , an●… others by new writs issued , elected , returned in their places , who are able to advise , travel , and discharge their duties , as the writs and statutes enjoyn them ; impotency , sickness , and inability in members elected , being as just a ground to discharge any knight , citizen , burgess or baron of the ports from serving in parliaments , as to discharge the speaker of the commons house , as is evident by the forecited writs , presidents , and * returns of sheriffs in ●… . e. . by the resolution of the parliament it self in . h. . brook●… parliament . against sir edward cooks groundless fancie to the contrary , institutes . p. . there being the self-same reason and law too in both cases . . that the election of an●… sheriff of a countie whiles he continues in his 〈◊〉 , for a ●…night , citizen , burgesse , in his own or any other county , is void and illegal , being against the express provision of the ordinance of parliament , e. . the very inhibition and words of the writs for election , h some presidents before that ordinance ; and the * resolution of the lords and judges in starchamber . caroli , in the case of i mr. walter long , elected and returned a citizen for the city of bath in somersetshire , an. car. whiles he was sheriff of the county of wilts ; who thereupon comming forth of the county against his oath and trust , and sitting as a member in the house during his shrievaltie , was sentenced in the starchamber to be committed prisoner to the tower during ●…is majesties pleasure , to pay a fine of marks to the king , and further to make ●…is humble submission and acknowledgement of ●…is offence , both in the court of starchamber , and to his majesty , before his enlargement ●…nce : which was accordingly executed . yet notwithstanding i sinde in the very statute of & h. . ch . . for assurance of certain lands to john hind serjeant at law and his heirs , paying x l. yearly to the charges and wages of the knights of the parliament of cambridgshire for the time being , for ever ; that edward north knight , sheriff of the said shire , was one of the two knights for the said shire that very parliament wherein this act was passed , and he and thomas ruds●…ne esq his companion , and their successors knights of the said county , incorporated and made one body politick ; together with the sheriff of the said county for the time being , by the name of wardens of the fees and wages of the knights of the shire of cambridge , chosen for the parl. and to have perpetual succession , to implead , sue for and receive the said x l. annnual rent , and that he received his share therein , when both sheriff and knight of the shire , to his own use , for his fees & wages that parliament , til a new election of knights of that county for the parl. next ensuing it . and * sir edward cooke informs us , that at the parliament holden car. rs. the sheriff for the county of buckingham ( being then himself ) was chosen knight for the county of norfolk , and reterned into the chancery , and ●…aving a subpaena out of the chancery served upon him at the sute of the lady c. pendente parliamento , upon motion , he had the privilege of parl. allowed unto him by the judgement of the whole house of com , mons : though i finde not that he then sate in the house during his shrievalty . . that amongst the writs of summons to parliament in cl. e. . dors . . e. . d , . e. . d. , e. d , . e. . d. . . e. . d. . e. . pars . d. . e . dors . . there are no writs for electing knights , citizens , or burgesses entred with the rest ; most likely by the negligence of the clerks , there being vacant space in some of them left for their entries : and the original writs themselves being all or most of them retorned into the chancery , and there reserved in distinct bundles by themselves with the sherifs returns upon them ( now for the most part lost , mislayed , perished or imbezelled ) made them ( perchance ) more careless to enter them , than the writs to the spiritual and temporal lords , issued personally to themselves alone , and not returnable by them or the sheriffs , as the writs for elections usually were ; which writs , ( as the statutes of r. . ch . . & h. . c. . inform us ) sometimes the sheriffs have not returned , but the said writs have embesyled ; and moreover made no precepts to mayors and bailiffs for the election of citizens and bu●…gesses to come to the parliament , by colour of these words conteined in the said writs , quod in pleno comimitatu tuo eligi facias pro comitatu tuo , duos milites , & pro qualibet civitate in com. tuo , duos cives ; & pro quolibet burgo in com. tuo , duos burgenses ; the reason why some of these writs are missing in some extant bundles , and some cities and boroughs in those returned , now and then omitted in the sheriffs returns , ( indorsed on or annexed to them ) as the subsequent table will visibly demonstrate . ly . that before the statutes of h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . the kings of england had a very large and absolute power in limiting , prescribing in and by their writs to sheriffs , mayors , bay liffs and others , both the respective numbers , and likewise the qualifications of the knights , citizens , burgesses and barons of the ports , elected and returned to serve in the several parliaments and great councils summoned by them , sometimes commanding . most times only . knights , sometimes but one knight to be elected in each county , for the whole county ; sometimes prescribing the self-same knights , citizens , and burgesses that were elected , returned for the last precedent parliament , to be returned and summoned to the parliament next succeeding , if in life and able to travell ; and to elect new only in the places of such of them who were dead , sickly , or infirm ; other times summoning only the moiety of them , to perfect what they all had agreed , and been mistaken in : and also ordering new elections in the places of those who would not , or could not attend , or who were unduly elected , or chosen for . counties at once , ( as in case of the lord * cameyes and berners . ) sometimes prescribing . sometimes . citizens to be elected for london ; sometimes . other times . barons for every of the ports , and now and then but . barons for them all : and sometimes . other times but one citizen and burgesse for each city and borough : the number of which they increased or diminish'd , as they saw just cause , omitting now and then some cities , boroughs out of their writs of summons , formerly sending citizens , and burgesses to parliaments and great councils , and creating by their patents , writs , or both , new cities and boroughs , with power to send citizens and burgesses to parliaments and great councils , who never sent any before ; and creating other boroughs , cities , counties within themselves , and then issuing writs to their sheriffs , mayors , and immediate officers to make their elections and returns ; which formerly were issued only to , and made by the sheriffs of the counties , wherein they were situated ; as the precedent writs and returns with the two next sections will fully evidence : and that without the precedent votes , or subsequent consents of the commons house ; who from h. . till e. . and many years after , were never the immediate , sole or proper judges , desciders either of the undue elections , returns , numbers , or qualifications , of their own members or speakers , but our kings alone or their counsil and house of lords ; as the premises irrefragably evidence , and the presidents i have clted in my plea for the lords , p. . to . to which i shall refer the reader . . i shall for a close of my observations , give you this brief catalogue of the several cities and boroughs in each county of england , which sent citizens and burgesses to parliament , mentioned in the returns of the bundles of writs yet extant in the tower of london , an. , e. . & e. . and in the clause rolls of e. m. . dors . omitting those in , , , , r. . , , , h. . , , , , , , h. . & e . by w●… you may clearly discern which are antient cities , boroughs , in the reigns of ed. . & . which new , and when each of them began to send citizens , burgesses to our parliaments ; which god willing i shall further clear hereafter in a distinct section , of the several forms and numbers of writs for levying the expences of knights , citizens and burgesses of parliament ; wherein i shall present you ( if it be deemed worthy my pains , and beneficial to posterity ) with an exact kalendar of the names of all the several knights of counties , citizens of cities , burgesses of boroughs , and barons of the ports , formerly elected and returned to our parliaments , and receiving wages , extant in the clause rolls and returns of the writs for their elections , and expences in the tower , not hitherto undertaken or collected by any man to my knowledge . the first figures signifie the years of each king mentioned in the table . bedford borough returned two burgesses to parliament anno e. . & e. . reding . burgesses , , & e. . walingford . burgesses , e . amersham . burgesses , e. . wendover . burgesses , e. . wycombe burgesses , e. . & e. . cambridge borough , . burgesses , , e. . e. . none in ed. . or ed. . bodmin borough burgesses , e. . , & e. . dunbeued , alias lanceston , burgesses , e. . & e. . helston burgesses , e. . e & e. . lyscard burgesses , & e. . lostwithiel burgesses , & e. . trurou e. . & e. . carelisle city two citizens , & e. . derby borough burgesses , , e. . e. . exeter city citizens , , e. . & e. . ashperton borough burgesses , e. . bardnestaple burgesses , e. . & e. . chessing-colleton burgesses , e. . dartmouth & e. . honeton burgesses , e. . lydeford burgesses e. . o●…mpton burgesses e. . plimpton burgesses e. . & e. . sutton burgesses e. . thavestoke burgesses , & e. . totnes burgesses , , e. . & e. . brideport burgesses , , e. . & e. . dorcester burgesses , , e. . & e. . lyme burgesses e. . melcombe burgesses , & e. . poole burgesses , e. , shaftesbury burgesses , e. . e. . warham burgesses , & e. . waymouth burgesses , e. . colecester burgesses , , e. . & e. . maldon burgesses , & e. . bristoll , burgesses , , e. . & e. . after made a countie of it self . gloucester burgesses , , e. . & e. . hereford city citizens , e. . & e. . bewley burgesses , e. . leominster burgesses , , e. . & e. . we●… . burgesses e. . st. allans borough burgesses e. . hertford burgesses , , e. . huntingdon borough . burgesses , , e. . e. canterbury city citizens , , e. . e. . rochester city citizens , , e. . e. . lancaster burgesses e. . preston in alderness burgesses e. . leicester borough burgesses , , e. . . & e. . lincolne city citizens , h. . , e. . & e. . grymesby burgesses , , e. . & e. . stamford burgesses , e. . london e. . citizens , e. . ( . citizens ) e. . northampton burgesses , , e. . & e. . norwich city , citizens , , e. . & e. . jernemuth burgesses , , e. . & e. . lenne burgesses , , e. . & e. . newcastle upon tyne burgesses , e. . e. . nottingham borough burgesses , , e. . e. . oxford borough burgesses , , e. . & e. . bruges ( or bridgenorth ) borough burgesses e. . e. . salop burgesses , , e. . e. . bath city citizens , , e. . & e. [ whose return is likewise extant in the bundles of , , , , r. . , , , , h. . , , h. . & e. . bridgewater borough burgesses , , e. . & e. . iv●…ster burgesses , e. . milburne port burgesses , , e. . taunton burgesses , , e. . & e. . vvells burgesses , e. . e. . [ cives . ] vvinchester city , citizens , , e. . & e. . alesford burgesses , e. . basingstoke burgesses , e. . odeham burgesses , e. . ouertone burgesses e. . portesmouth burgesses , , e. . e. . southampton burgesses , , e. . e. . d●…nwich burgesses , , e. . & e. . gyppeswich burgesses , , e. . & e. . oreford burgesses , e. . newcastle under lyne burgesses , e. . stafford burgesses , , e. . & e. . blechingleigh borough burgesses , , e. . & e. . gildeford burgesses , e. . & e. . ryegate burgesses , , e. . & e. . southwerke burgesses , , e. . & e . chichester city citizens , e. . & e. . arundel borough burgesses , & e. . brembre burgesses , e. . east greenstead burgesses , & e. . horsham burgesses , & e. . lewes burgesses , e. . & e . midhurst burgesses , e. . seaford burgesses , e. . e. . sh●…rham burgesses , e. . & e. . steining burgesses e. . e. . coventre city , citizens , , e . warwick borough burgesses , , e. . & e. . apelby burgesses , , e. . & e. . new sarum city citizens , , e. . bedwine borough burgesses , e. . calne burgesses , e. . chipenham burgesses , , e. . devises burgesses , e. . e. . dounton burgesies , , e . ludgersale burgesses e. . merleburge burgesses , , e. . e. . malme●…bury burgesses , , e. . & e. . old sarum burgesses , e. . wilton burgesses e. . e. . worcester city citizens , , e. . & e. . wych burgesses , , e. . yorke city citizens , h. . , e. . & e. . aluerton burgesses , e. . beverlayco burgesses , e. . kingston upon hull burgesses & . e. . maldon burgesses , e. . pontefract burgesses , e. . scardeburgh burgesses , e. . & e. . i shall observe from these writs , and the forementioned retorns and table , . that the sheriff of buckingbamshire in anno e. . retorns , nulli sunt cives nec burgenses in com. praedicto . nec burgus , &c. yet in e. . but two years after , the sheriff thereof retorns . burgesses a plece , ( with . manucaptors for e-every of them ) for amersham , wycombe , wendover , e'ected for a former parliament that year : therefore it is probable the king first created them boroughs that very year : the like observation you may make upon the boroughs of all other counties where you meet with any retorns in , edw. . edw. . or since , reciting , nulla est civitas vel burgus ; or non est alia civitas vel burgus , or non sunt alii burgi , in com. or balliva mea , then those he then retorned as such : there you may certainly resolve , that every city or borough omitted then out of those antient retorns and since retorned for cities or boroughs in subsequent retorns , were made cities and boroughs since that time ; and where you find any city or borough first mentioned in the sheriffs retorns yet extant , ( which are but . bundles in all before the end of edward . his reign , ) or in the writs in the clause rolls issued to them , de expensis civium & burgens●…um venientibus ad parliamentum , which are more by far than the bundles , ( as i shall hereafter god willing evidence in a peculiar section , ) you may probably , if not certainly , conclude , that it was first created a city , or borough , and enabled to send citizens or burgesses to parliament near that year , wherein you first find such mention of it in both or either of these records , and not before , as the precedent and ensuing table will more fully inform you . ly . you may clearly discern by this table , and the subsequent retorns of writs , anno , , , . r. . , , , h. . , , , , , , h. . , & e , , . that some cities and boroughs , which send citizens and burgesses to parliament were oft times omitted out of the sheriffs retorns in antient times , and yet imprinted into subsequent retorns interpolatis vicibns ; now whether this was done by special direction from the king or his council , ( on whose arbitrary pleasure they depended ( before they had * special charters granted enabling them to send citizens and burgesses to all parliaments , to be afterwards held by the king , his heirs and successors kings of england ) or by the carelessnesse of the sheriffs in not issuing out warrants to or not retorning them ; which is most probable , as the stat. of r. . parl. . c. . & h. . c. inform us , and therupon enacted , that if any sheriff of the realm be from thence forth negligent in making his retorns of writs of parliament , or that he leave out of the said retorns any cities , or boroughs which be bound , & of old times were wont to come to the parliament , he shall be punished in manner as was accustomed to be done in the said case in the said time past . and that every sheriff after delivering of the writ for elections to him , shall without fraud make and deliver a sufficient precept to the maiors and bayliffs of the cities and boroughs within his countie for electing citizens and burgesses , under the penalties therein mentioned . or whether they were thus omitted , through their own default in not demanding warrants from the sheriff●… , or not electing and retorning burgesses upon their warrants issued , ( to which many times the sheriffs retorned nullum mihi dederunt responsum , &c. ) i cannot certainly determine . ly . that some antient boroughs once or twice retorned heretofore in former times ( as lydeford in devonshire , and others ) have afterwards been totally omitted and discontinned , either by the kings mere pleasure , or upon their own petitions to the king , they being either unable or unwilling to bear the expences of their burgesses in coming to , continuing at , and returning from the parliament , which were constantly levyed heretofore by writs de expensis burgensium levandis , sued to them or the sheriffs a●…ter most parliaments ended by many burgesses of boroughs as well as by knights of shires , and citizens of cities , as i shall , ( if god say amen ) demonstrate at large in its due place , and shall hereno further insist upon . ly . that of late times some of these antient long-discontinued boroughs have been revived , and new writs or warrants for electing burgesses sent unto them , sometimes upon their own petitions ; now and then upon some courtiers petition to the king , in hopes by letters from the court and feasting or bribing the burgesses , to be elected , and retorned burgesses for the revived boroughs ; sometimes by motion or order of some members of the commons house who had a design to bring in some burgesses , and made sure of the burgesses voyces before hand ; the burgesses being now very willing to have their boroughs revived , because many times instead of giving wages to their burgesses , for their service in parliament as of old , they receive not only thanks , feasts , but rewards and boons , if not underhand bribes for their voyces , from their elected burgesses , who assure them before their choyce , they will neither expect nor exact any expences from them , which many of them scarce deserve , since they do neither them nor their country any service at all in parl. promoting only their own private interests or ends , or their friends . finally , though i shall readily subscribe to mr. littletons opinions , section . that the antient towns called boroughs , be the most antient towns that be within england , for the towns that now be c cities or counties , in old time were boroughs , and called boroughs ; for of such old towns called boroughs come the burgesses of the parliament , to the parliament , when the king hath summoned his parliament , which i shall further clear in the next sections ; yet i can by no means assent to mr. william lambard of d lincolns inne his judgement , ( though a learned antiquary ) or some others inferences thence , who thus argues . now as those written authorities do undoubtedly confirm , our assertion of this manner of parliament , so is there also an unwritten law or prescription , that doth no less infallibly uphold the same ; for it is well known that ln everie quarter of the realm●… a great many of boroughs do send their burgesses to the parliament , which are neverthelesse so antient , and so long since decayed ; and gone to nought , that it cannot be shewed , that they have been of any reputation , at any time since the conquest , and much lesse , that they haue obtained the privileges , by the grant of any king succeeding the same , so that the interest which they have in parliament groweth by an antient usage before the conquest , whereof they cannot shew any begining . which thing is also confirmed by contrarie usage in the self same thing . for it is likewise known , that they of antient demesn do prescribe , in not sending to the parliament ; for which reason also , they are neither contributors to the wages of knights there , neither are they bound to sundry acts of parliament , though the same be generally penned , and do make no exception of them . but there is no antient demesn , saving that only which is described in the book of domesday , under the title of terra regis , which of necessity must be such ; as either was in the hands of the conqueror himself , who made the book , or of edw. the confessor that was before him . and so again , if they of antient demesne have ever since the conquest , prescribed not to send burgesses to parliament , then no doubt there was a parliament before the conquest , to the vhich they of other places did send their burgesses . to which i answer , that this argument is fallacious , and no waies conclusive . for . these antient decayod burroughs that now in many places send burgesses to the parliament , were in no such great reputation at all at or before the conquest , as is ins●…uated , for ought appears by the book of dooms-day , or any other record or historie , but as mean and inconsiderable as now they are . ly . there is no historie or record , that any of these boroughs , whether decayed , or not decayed , yea though much enlarged , enrichd since the conquest , did ever send burgesses to any one parliament , either before or after the conquest , till h. . and i challenge all the antiquaries in england to demonstrate the contrarie by history or records . ly . it is irrefragable by the forementioned returns of sheriffs , that all or most of those poor or decayed boroughs in cornwall , devonshire , wiltshire , southampton , sussex , and some other counties , did in e. . and some years after , send no burgesses at all to our parliament ; as camelford , foway , grantpount , st. germins , st. ives , st. maries [ or maws ] st. michael , portlow , saltash , trebonny , tregony in cornwall , bearalston in devon , christchurch , newport , newtown , stockbridge , whitechurch , yermouth in the countie of southampton , midhurst and horsham in sussex , crickland , henden , old sarum , heytesbury , westbury , wotton basset in wiltshire ; with others in other counties , as the precedent table clearly demonstrates : all or most of them being enabled to send burgesses to parliament since the reign of edw. the . and not before : much less by prescription before the conquest , as m. lambard and others conceit ; and that percliance not by any special charters of our kings creating them boroughs or corporations , but by private directions of the king and counsil to the sheriffs of counties wherein they were , to issue out precepts to them to elect and retorn burgesses , when they saw any just cause ; not by antient usage or prescription before the conquest , which none of these boroughs ever yet pretended or insisted on , for ought i can find , upon my best inquiry after their original . ly . the antientest writs for knights wages extant , are those of e. . rot. claus. dors . , & , & cl . e. . dors . . e. . dors . . and no records , histories or law-books i have seen , derive their original higher than the reign of king edward the first . the first statute concerning them is that of r. . c. . ( on which the writ in the register is grounded ) which enacts only , that the levying of the expences of knights shall be , as hath been used before this time : the next statute of h. . c. . enacts , that knights of shires unduly retorned shall lose their wages of the parliament of old time accustomed , ( not at or before the conquest accustomed . ) the first printed case concerning them in our lawbooks , is but in m. h. . f. . a. fitzh . avowry . & br. . and the first * petitions in parliament concerning them , are those of & e. . yea no man can prove there were any knights for counties elected and sent to parliaments by the kings writs before h. . therefore , the prescription to be discharged from contributing to their wages , cannot be extended higher than h. . not to the reign of the conqueror , or before the conquest , as mr. lambard would strain it . ly . the writ in the register , part . f. . made after the statute of r. . c. . to exempt the bishop of londons tenants at fulham , from contributing to the expences of the knights of middlesex , recites only ; quod licet ipsi & eorum antecessores , & praedecessores , expensis militum ad parliamenta nostra , vel progeuitorum nostrorum quondam regum angliae , pro communitate com. praedicti ante haec tempora venientium nullatenus solvere aut contribuere consueverunt . and one of the writs in the register , f. . b. vic. huntingdon , quod homines de antiquo dominico non contribuant expensis militum , begins thus . cum secundum consuetudinem in regno nostro augliae hactenus obtentam & approbatam , homines & tenentes de antiquo dominico coronae angliae , quieti sunt & esse debeant , a contributione expensarum militum ad parliamenta venientium : both which import only , that neither they nor their predecessors or ancestors , since knights were first sent to parliaments in h. . or afterwards , were accustomed to contribute towards their expences , but exempted from the same : not that there were such knights who had wages , and that they were exempted from it , before the conquest : and that other form of the writ in the register , f. . a. touching tenants of antient demesn , quod licet ipsi & eorum a●…ecessores tenentes de eodem manerio , a tempore quo non extat memoria , semper hactenus quieti esse consueverunt de expensis militum ad parliamenta nostra vel progenitorum nostrorum regum angliae pro communitate dicti comitatus venientium , must have the self-same interpretation : or this at least which is equivalent to it . that time out of mind , before there were any knights of shires elected in the county , they were alwayes ●…ree from contributing to their wages , and never used to pay any such tax ; ( this presc●…iption will extend to all times before h. . and the conquest it self : ) and since h. . and the elections of knights of shires , they and their ancestors time out of mind , or , of old time ( as the statutes of richard . cap. . henry . cap. . express it ) have alwayes used to be quit from such expences of knights , and never charged with them . there are many prescriptions and customs in use in king edward the third his time , and since , which are said to be time out of mind , yet certainly they had their original not before , but long since the conquest , as you may read in brook●… , fitzherbert , and other law-books , title custome and prescription , and cooks institutes , fol. . . that which hath been used , or prescribed in but for two or three ages only , or out of the memory or mind of men then living , being * reputed a legal custome or prescription , henry . . br. prescription . therefore this prescription of tenants in antient demesn , to be exempt from contributing to knights wages , or not to send burgesses to the parliament , time out of mind , will no waies warrant mr. lambards conclusion thence . ergo , no doubt there was a parliament before the conquest , to which they of other places used to send their knights and burgesses . i am certain that at this day tenants in antient demesn , can plead , that both they and their ancestors time out of mind of man , were never accustomed to pay excise for any thing , for which excise is now generally demanded ; will it therefore follow ; ergo , all places else now subject to pay excise , were lyable to pay it before the conquest , when as it was first set on foot since ? if not , then mr. lambards argument is as great an inconsequence as it , seeing knights and burgesses of parliament began , not before the th . of henry the third , as i have evidenced : and were never heard of ( as he conceits ) before the conquest , which none of the authorities cited by him do satisfactorily evidence , and all histories , records from the conquest , till henry the d. most clearly refute . i should now proceed to the th . section , of writs for electing knights , citizens and burgesses , issued to the earls , dukes , lieutenants , and chancellors of the dutchy of lancaster , the sheriffs of london , bristol , york , new-castle upon tine , norwich , lincoln , kingston upon hull , southampton , coventry , canterbury , and other towns made counties within themselves , after their severance from the shires in which they are situated : with some forms of their retorns , and usefull observations on them ; but the present exigence of our affairs , and strange vote of a few commoners , jan. . . creating themselves a parliament without a king or house of lords , and adjudging , declaring above two hundred members to stand discharged from voting or sitting as members of this parliament , during this parliament ; and that writs do issue to elect new members in their places , behind their backs ( as being either afraid or ashamed to look them in the faces ) without naming any one of them , and that before the least legal accusation , hearing , trial or conviction whatsoever , of any delinquency , except only their loyalty , sincerity , fidelity to their king , country , the rights and privileges of parliament , constant adhering to their original trusts , oaths , protestation , covenant , vow , votes , ordinances , declarations , remonstrances , principles of piety , honesty , christianity , and abomination of all treachery , perjury , jesuitical practices , and destructive publick innovations , contrary to the expresse word of god , the fundamental laws , statutes and government of this realm , and the tenor of the writs and indentures wherby they were made members , which their secluders have violated , subverted in the highest degree , hath caused me to publish this chapter by it self ; wherin i have , as * elsewhere , made good to all the world , by records , presidents , judgements in parliament , law , reason , and divinity too , that the whole house of commons , in its greatest fulnesse freedom and power , nover hed any lawfull right or authority , upon full bearing , evidence , conviction , to expel any single member of the house for breach of trust , or other misdemeanor whatsoever ( no more than one judge , justice , commissioner , committee , or grand jury-man , to unjudge , uncommission , discharge or eject another , being all equals , equally intrusted by the people , and having no power of judicature over each other ) without the lords or kings consent , in whom the sole judicature in our parliaments resides ; much lesse then the tenth part of the commons house , ( sitting under a visible force , and keeping four times their number of members out by armed guards , which nulls all they vote or do ) to eject the majority of the house , order new elections of others in their places , and make them uncapable to be elected , by the meer club-law , of pellitur e medio sapientia , vi geritur res : which unparalell'd injustice neither these excluded members , nor yet the counties , cities and boroughs for whom they serve , nor the freeborn english nation , nor army-officers so lately disofficed , cashiered for ejecting the secluders , upon as good grounds , and by the same law of the longest sword they now make use of , * will patiently endure to their own and the nations infamy , the ruine of our parliaments constitution and privileges , if connived at in these times of sad distraction . i shall desire these forcible secluders , and voters of us out of the house , seriously to consider these passages of a a declaration of the lords and commons assembled in parliament , to which many of them were parties , in answer to his majesties declaration . october . if the t●…uth was that the d●…my ( of the king ) is raised , to force some particular members of this parliament , to be delivered up , yet upon this ground would it follow , that the same is levied against the parliament : for we have often declared to his majestie and the world , that we were alwaies ready to receive any evidence or accusation against any of them , and to judge and punish them , according to their demerits ; yet hitherto no evidence produced , no accuser appearing , ( the case of the now secluded , ejected , disabled majority of the members ) and yet notwithstanding to raise an d●…my to compell the parliament to expose those members to the fury of those wicked counsellors , that thirst after nothing more than the ruine of them and the commonwealth ; what can be more evident , then that the same is levied against the parliament ? for , did they prevail in this , then by the same reason might they demand ( and these now sitting forcibly seclude and eject ) twenty more , and consequently , never rest satisfied , until their malice and tyranny did devour all those members they found crosse and opposite to their lewd and wicked designs ( as our secluders have done ) and so by depriving the parliament of their members , destroy the whole body . thus seconded in * the remonstrance of the lords and commons assembled in parliament , nov. . . in answer to his majesties declaration . this is the doctrine of that declaration , . that his majesty , or any other person , may upon suggestion and pretence of treason , felony , or the breach of the peace , take the members of parliament out of either . house of parliament , without giving satisfaction to the house whereof they are members , of the grounds of such suggestion or accusation , and without and against their consent : so they may dismember a parliament when they please , and make it what they will , when they will : ( as our secluders have done , by voting and keeping out above . by meer force before accusation or heating ) and in their * declaration of august . . wherewith i shall conclude . if the king ( by his army ) may force this parliament ( as our secluders have done ) they may bid farewell to all parliaments , for ever receiving good by them . and if parliaments be lost , they ( the people ) are lost , their laws are lost as well , ●…se late●…y made , as in former times , all which will be cut in sunder with the same sword now drawn for the destruction of this parliament ; as they are now by the forcible seclusion of the members by order and command of those now sitting . errata . page . l. . r. subortam , p. . l. . sustentari , l. . scire , p. . l. . comitum , p. . l. . et , de , p. . l. . posset , p. . l. . hertford , r. berks. p. . . extitit . p. l. . r. 〈◊〉 wit. p. . l. . their , r. this . p. . l. partium . p. . l. . et , per p . l. . r. e. . p. . l. . unreasonable , r. unanswerable . l. . a new writ for . p. . l. et , 〈◊〉 . per. p. . l. . avun●…ulo . p , , l. . , r. e . 〈◊〉 . . h. p. . l. . , r. h . p. . l. . brevi . p. . l. . baronis . p. . l. , . imparred , r. i●…serted . finis . the miscellaneous works of william prynne , esquire , utter-barrester , of lincolnes inne . vol. xxiv . psalme . v. , . my soule hath long dwelt with them , that are enemies unto peace : i labour for peace ; but when i speake unto them thereof , they make them ready to battle . london : printed for the author , and are to be sold by edward thomas , dwelling in green arbour . notes, typically marginal, from the original text notes for div a -e a deu●…r . . , to . john . . acts . , . c. . , &c. c. . , , . magna charta c. . b acts . . c see the epistle to my speech , dec. . . c luke , . d cor. , , . d mat. r●… . , . notes for div a -e a mr. william lambard his archaion . p. . to . mr. nathaniel bacon . b inst. p. . . instit. p. . inst. p. , . c page , , , , , . d the prerogative of the parliament of england . p. , . e the freeholders grand inquest . p. , . f posthuma , p. , , . g titles of honor , p. . , . h plea for the lords , p. , to . , to , , to . the supplement to it , p. . to . and epistle before the . part of the register , &c. * see mat. paris , p. . and the catalogue of barons in the london edition of him , . after the table . cl. h. . d. . * claus. h. . d. . objection . answ. * the one . aprilis , the other . iunii , & septemb. following after the wars ended and army dissolved , which preceeded this parliament . * pat. . johan . regis m . dorso . * convictus . feodi . a archaion , p. , , , b see here , p. , . c hist. angl. p. . d flores hist. pars . ann. . p. . seldens titles of honor ' p. . * e. . stat. of mortmain . see part . p. . e mat. paris , . f mat. paris , hist. angliae , p. , , . * see here , p. , . * see mr. seldens titles of honor , p. . my plea for the lords , p. . h hist. angliae p. , , , , &c. * see here , p. p. , . & part . p. . to . i see malmsbury de gestis regum , l. . c. . hoveden , wigorniensis , & bromton , anno . & my plea for the lords , p. , * see here , p. . aluredi regis lex , . chron. johan . bromton , col . . forma directa magnatibus & vicom . angliae . * injungetis . k see mat. paris , mat. west . walsingham , polychronicon , polydor virgil , fabian , grafton , holinshed , speed and daniel , ann. . & h. . l claus. h. . m. . dorso . * part. . p. . m see my plea for the lords , p. . m mat. westm. anno . p. . my plea for the lords , p. , . cl. e. . m. . dorso . de militibus eligendis & mittendis ad consilium . pro rege de aliis militibus cum prioribus intendendis ut supra . de veniendo pro confirmatione magnae cartae . * see part . p. . * see e. , c. , , , , , , . * walsingham hist. angl. p. . to . * cl. e. m. . . dorso * claus. e. . m. . dorso . de veniendo cum equis ●… armis . oxon. london . nota. surr : sussex . wigorn. glouc. derby notingh . salop. stafford hereford roteland . westmerland . wyltes . lanc. lincoln . northumbr . nota. somersee . * see register part . p. . . to , mat. westm , part . p. , . tho. walsingham , hist. angl. p. , , , * see brooke , fitzherbert , & ash. title , mainprise . de consilio sommonito . de militibus , civibus & burgensibus mittend . ad parliamentum regis . * quid fecerunt cantebrigg . lincoln . hertford suff. norff. warwic . nota. ebor. essex . surr : sutbton . wigorn. glouc. bucks . devon. hereford . salop. somers . northampt. * see cooks instit. p. . de militibus mittendis usque ebor. pro magna carta & carta de foresta . de eligendo alium militem , * see mat. parisiensis additamenta , p. . such a kinde of writ as this , anno h. . * see my plea for the lords , p. , , . quidam articuli liberati regi pro communitate regni . * see claus. e. . m. . dorso . de petitionibus recipiendis : where of the kings counsel are commanded & appointed by writ to receive all petitions that parliament . * see my plea for the lords , p. . to . de revocatione militum ad propria . * here , p. . * claus. e. . m. . * see these ordinances in the parl. roll of e. . which were afterwards reversed and nulled . * these being setled by former grants , rot. pat. . e. . m. . . and the statute of e. . , . lib. rub. scac. p. . cooks instit. p. , . nota. nota. * sec part. . p. , . . . sec claus. e. . dors . . . * walsingham hist. angliae , p. . to . & other h●…rians in auno e. . * claus. e. . m. . dorso . see my plea for the lords . p. , . * es ●…uires , not sergeants at saw . see ii. . cap. . * part . p. . * not one 〈◊〉 of cornwall . no●… , * see here p. , , , , , , , , , , . westmerland . wiltes . cornub. berks. bucks . essex . glouc. kanc. leic. derbe . roteland . hertford . notyngham . warwycke . surr. & sussex . hereford . devon. oxon. bedford . somerset & dorset . lincolne norff. & suff. northt . wigorn. cumbr. southton . london . ebor. de venire faciend . milites , cives & burgenses apud wynton . see my epistle to the exact abridgment of the records in the tower. * esquires , not serjeants at law. see h. . c. e. . . a. e. . . fitz. dtoit . . e. . stat . . & the next writ of e. . * an exact abridgment , p. . walfing . fabian , speed and others . * mere p. . mr. seldens titles of honor , p. . & my plea for the lords , p. . * see my table of the lords to my exact abridgement , title thomas camoyes . & part . of this registr . p. . see my plea for the lords , p. , . ( a ) see my plea sor the lords , p. , , . b plea for to . the lords , p. c hist. angl. p. . d instit. p. . e par. claus. m. dors . n. . f instit. p. . . g irenarches redivivus , near the eud . my table to the exact abridgement of the records in the tower , tit. ordinance of parliament . ( h ) see cook. instit p. , , . i see mr. will. hackwells catalogue of the speakers names printed , . electorum . surry and suffolk . bristol . * not the commons-house , or committee of privilege . de summonitione parliamenti . * see my i lea for the lords , p. , . * plea for the lords , p. , to . a mat. paris p. . . edit tig. . b mat. paris p. . mat. westm. p. . c mat. paris . . d mat. paris . e mat. paris . f mat. paris p. , . mat. westm. p. , . g mat. paris p. ●… . mat. paris , p. , , , mat. westm. p. . i mat. paris , p. , . mat. westm. p. k mat. paris , p. . l mat. paris , p. , . m mat. paris , p. . n mat. paris , p. , , , , . o mat. paris , p. , , , . p see pat . h. . d. . cl. h. . m. ●…racton f. , . seldens titles of honor , p. , . q mat. paris , p. , , . r mat paris , p. , . mat. westm. p. . . s mat. paris , p. . t mat. paris , p. , . u mat. paris , p. . x mat. paris , p. , . y mat. paris , p. , , , . mat. westm. p. . z mat. paris , p. , , , , . mat. paris , p. . b mat. paris , p. , . mat. westm. p. , . c mat. paris , p . d mat. paris , p. , , , , . mat. westm. p. , , , &c. e mat paris , p. , . mat. westm p. , , . f mat. paris , p. , . g mat. paris , p. . h mat. paris , p , , . i mat. paris , p. , . k mat. paris , p. . m mat. paris , 〈◊〉 . to . l mat. paris , p. . n mat. paris , p. , . o mat. paris , p. , . p mat. paris , p. . q mat. paris , p. , . r mat. paris , p. , . s mat. paris , p. , to . t mat. paris , p. , . see mat. parisiensis additamenta , p. . henricus dei gratia , &c. cum n●…viter in parliamento nostro . oxoniae , communiter suit ordinatum &c. u mat. paris , p. , . see , . x mat. paris , p. , , , . y mat. paris , p. . see claus. h. . m. . dorso & cedula . z mat. paris , p. , . a mat. paris , p. . mat. westm. p. . b fitz. nat. br. . c. c cooks instit . p. . d hist. angliae edit . londinl , . p. . e auctuarium additamentorum : edit . londini . p. . f cottoni posthuma , p. , . mr. hacwels catalogue of speakers . g see my epistle to the exact abridgment of the records of the tower , & plea for the lords , p. , . * here , p. , , . h here , p. , . i mr. rushworths historical collections , p. , , . * instit. . p. . * here p. , . bedfordshire . berkeshire . buckinghamshire . cambridgshire . cheshire . cornwall . cumberland . derbyshire . devonshire . dorsetsh . essex . gloucestershire . hereford . hertford . huntingdon . kent . lancaster leicestershire . lincolnshire . middlesex . northt . norsolke . northum . nottingh . oxfordsh . salop. somerset . southtsh . suffolk . staffordsh . surry . sussex . warwick . shire . westmerl . wiltshire . worcester . yorkshire . a here p. . , . * see hobarts reports , p. . . c cooks instit . f. . d his archaion or commentary upon the high courts of justice , p. , , . * an exact abridgement of the records in the tower , p. . * hobards reports , p. , , , . * ardua regni , plea for the lords p. , to . the 〈◊〉 . part of this brief register , p. , , ●… , , to , , . * exact coll. p. , . a exact coll. p. , , . * exact collection , p. . * exact collection , p. , . the souldiers sad complaint. per i.h. i. h. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the souldiers sad complaint. per i.h. i. h. sheet ([ ] p.) s.n., [london : ] imprint from wing. verse - "is this the upshot then? we that have spent" ... annotation on thomason copy: "july. th". reproduction of the original in the british library. eng england and wales. -- parliament -- poetry -- early works to . soldiers -- england -- poetry -- early works to . great britain -- politics and government -- - -- poetry -- early works to . a r (thomason .f. [ ]). civilwar no the souldiers sad complaint. i. h. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the souldiers sad complaint . is this the upshot then ? we that have spent our best of fortunes for a parliament ? we that have sweat in bloud , march't o're the land , and where our feet did tread , our swords command ? we that like burning comets did appeare , striking astonishment with pallid feare , upon the daring aspect of our foes , forcing even death , under our dreadfull blowes to flagg his fatall standard ? we that have been ( as of banquets ) greedy of a grave ? when through the rivlets of our purple gore flow'd streames of victory unto the doore of our high palmed state , made gods : no lesse ; and only happy through our wretchednesse . when in our calmed postures we draw neare creeping addresses to that lofty sphear in naked bodies , broken leggs , and armes , in carved limbs , which were ere while as charmes to quiet death , and make the furies husht , that we should suffer ? that we should be crusht with those iron hands ( though guilded with our bloud , not seeking others , but their owne selfe-good ) we have upheld ? when we make humble plea with empty entrailes , for our deare earn'd pay , ( whilest your enlarded guts , and brawny sides swine it with epicurus , stretch your hydes with glorry morsells ) are we kickt away , as if each wight had turn'd apostata ? is this true vallors pay ? coyn'd out of ayre and envy ? tyranny ? that doth out-dare the very front of hell . what , souldiers ? and thus slighted ? the best of actions are the worst requited . 't is thought , and fear'd , your eyes that pitty want , ere long will turne the world all adamant : and every object by reflection , be turned into , what you are , a stone ; should but your curious , wanton pallats share as formerly our fortunes , now our fare , ( who once lay lugging at that ladyes papp as full of plenty then , as now , mishap ) a two daies sad experience , would condemne your great ingratitude ; make you contemne your cruelties ; and bring home to your gate as much of love , as hitherto of hate . who gave your senat being ? the lawes their breath ? was 't not our bloud ? our hazzarding of death ? and will you counsell murther ? sit to slay even those by whom you sit , or whom , you stay ? from your full stores , then reach unto poore soules , of what 's their due : necessity controules the sharpest lawes . oh heare their groanes and cryes who haplesse lives , and as yet hopelesse dyes . per i. h. finis . a letter from a person of quality in edenburgh to an officer of the army, wherein is given a true accompt of generall moncks proceedings, dated the th. of october, . person of quality in edenburgh. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from a person of quality in edenburgh to an officer of the army, wherein is given a true accompt of generall moncks proceedings, dated the th. of october, . person of quality in edenburgh. sheet ([ ] p.) printed by sarah griffin, for thomas hewer, and are to be sold at her house in eliots court in the little old baily, london : [ ] publication date from wing. dated at end: edenburgh . octob. . annotation on thomason copy: " ber [i.e. november]. . ". reproduction of the original in the british library. eng albemarle, george monck, -- duke of, - -- early works to . england and wales. -- army -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from a person of quality in edenburgh to an officer of the army, wherein is given a true accompt of generall moncks proceedings, da person of quality in edenburgh c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a person of quality in edenburgh to an officer of the army , wherein is given a true accompt of generall moncks proceedings , dated the th . of october , . dear friend , though i have not been wanting ( by using various wayes and means ) to impart to you the state of affairs here , yet lest there should be a miscarriage in all or any of them ; i thought it a duty incumbent upon me in this our day , to dispatch a sure messenger to newcastle , where i trust he may meet with you , to give you a full account of things as they stand here , who is able to make you an ample relation , and to whom i desire you would give credit in what he shall impart to you ; and lest he should omit any thing of moment , i shall as briefly as i can hint it to you in these following lines . upon tuesday last the th . instant , the generall had notice that the parliament was dissolved . whereupon he called col. wilkes , and capt. miller , morgan , hubblethorn , jerem. smith , grimble , and lt. col. clobery ( who had been with him . or . dayes before ) to consult what to do ; and it was resolved , that he with the army under his command should declare for the parliament against the proceedings of the army in england , and for the better effecting thereof , agreed to turn out all as should oppose the design . the next day he came to edenburgh , where he had appointed his own regiment , and col. talbots to be in armes . the latter had orders to have lighted matches , powder and bullet , but his own had not . when he came to them , he declared to them , that a factious party of the army in england had interrupted the parliament , and that he resolved with the army under his command to stand to the parliament in opposition to them , and expected that they would stand by him accordingly ; declaring that he would satisfie them all their arrears , at which they were made to shout , and gave him three volleyes of shot . which being done , he caused captain parker , hatchman , sto●… , lievtenant carter , wells , wilson , lindon , and all the rest of the anabaptist officers ( except grom , and walton ) to be secured . then comming to leith ( the regiment of col. wilkes being drawn up ) he declared the same things to them , and past from them with the like ceremonies , and col. wilkes for a farewell gave him . or great guns from the citadel . of whose regiment , the general caused to be secured , major knoles , lt. burrell , lt. hughes , ensign wilkes , and ensign wood . having thus secured these three regiments , and placed other officers in the roomes of those whom he had turned out , he dispatched letters to lt. col. young , of col cobbets regiment , and lt. col. keyn , and major kelke of pearsons regiments , to come over and consult with him , about some weighty affairs : and when they came , he clapt up lt. col. young , and major kelke , and at the same time received advertisement from col. read , that he and his regiment was at his service , as likewise the same from col. fairfax . upon the th . instant , he marched with some troops of horse and some companies of foot to lithgowe , in order ( as it was thought ) to have gon to ayre , but receiving intelligence there , that lt. col. homes was got thither , did not proceed for fear he should meet with a repulse , which in the beginning of this enterprize would have been of ill consequence to his affairs . so that upon the th . he retreated to edenburgh again with his forces , where he created new officers by commission under his own hand and seal , viz. cloberry he made collonel of cobbets regiment , hatt lt. col. and dennis major . to his own regiment he hath made morgan lt. col. nicolls major , and winter captain of homes his company . collins of wilkes regiment , hath hatchmans company . bishop the farrier is a lt. sherman ( one of our cashiered waiters ) is made an ensign , and all the rest of the vacant places supplied by some such men . hublethorn is made lt. col. and emerson major of talbots regiment . all the forces here abouts being by this means at his devotion , he being assured of the rest in all other parts but ayre , he resolves to draw all to a randevouz in and about edenburgh against the last of this moneth at furthest , except such as must be left in the garrisons , ( which he intends shall be but few ) and expects to make . foot , and . horse , with which he intends ( as it is said ) immed●ately to march for england . witter commands in the citadel of johnstons , and keyn is this day gone over to fetch hither the rest of that regiment , fairfaxes , cobets , and reads , are already on their march hitherwards . this day capt. groom told me that both he and walton would throw up their commissions , as many that are inferiour officers and private souldiers ( who had the face of honesty ) have already done . the general hath wrote . letters : one to the speaker , another to the lord fleetwood , and a third to the lord lambert ; which he hath put in print and are herewith sent . he hath also put forth a declaration , which you shall receive from the bearer , signed by clerk in behalf of the rest . when none was at the contriving of it but himself , wilks , morgan , emerson , smith and grimble . there is likewise a letter he hath written to the churches ( drawn by mr. collins ) stuffe , with much of booths language , but i doubt i shall not get it for you , before the bearer goes away . all these printed papers he is dispatching away in whole bundles to hull by the pearl frigot , whereof capt. nixon is commander , who sailes too morrow if wind and weather serve . homes came very safe to ayre , though a party of horse was at his heeles . that place he and col. sawry with all the officers resolve to keep , till they receive orders from the councill of officers above , ( as i was assured by letters from themselves to me the last night . ) the general threatens that he will quarter some horse about that garrison , and will not let them have a penny of mony . major kelke desires that some of them will acquaint his wife that he is in health , and that his son is this day arrived safe from london , which i intreat you will signifie to her accordingly . i had almost forgot to tell you that the general hath secured barwick , lt. col. mears having received in there , two of his foot companies and one of horse . and as col. cobbet , and mr. brown past by there , they were detained prisoners till the general sent a party of horse for them . this night they are both come with a guard to edenburgh , ( where i heard from one that read their mittimus ) they were presently to be committed to the castle . thus much i thought good to communicate to you , desiring that the lord would direct you to make such use of it , as may be for his own glory , and his poor peoples peace . farewell . edenburgh . octob. . london , printed by sarah griffin , for thomas hewer , and are to be sold at her house in eliots court in the little old baily . an ordinance of both houses of parliament for the safeguard of the parliament, tower and city of london, under the command of serjeant major generall skippon. proceedings. - - . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of both houses of parliament for the safeguard of the parliament, tower and city of london, under the command of serjeant major generall skippon. proceedings. - - . england and wales. parliament. sheet ([ ] p.) february . london, printed for joseph hunscott, [london] : [i.e. ] refers to order of parliament, january last, to place a guard about the tower under maj. gen. skippon, commander of the guards of parliament. this has been done, and the guards posted at the end of tower street and elsewhere. his dispositions are approved of as being for the real good service of king and parliament. any person arresting or troubling him violates the privilege of parliament. -- cf. steele. dates are given according to lady day dating. reproduction of the original in the christ church library, oxfor d. eng skippon, philip, d. . england and wales. -- parliament. -- proceedings. - - . great britain -- history -- civil war, - -- early works to . a r (wing e ). civilwar no an ordinance of both houses of parliament, for the safeguard of the parliament, tower and city of london, under the command of serjeant majo england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of both houses of parliament , for the safeguard of the parliament , tower and city of london , under the command of serjeant major generall skippon . whereas upon the . of january last past ( amongst other things in that order ; ) it is ordered by the lords and commons in parliament , in these words : and for the better safeguard of the tower , it is further ordered by both houses of parliament , that the sheriffs of london and middlesex , shall appoint and place a sufficient guard about the tower , both by land and water , under the command of serjeant major generall skippon , commander of the guards of the parliament , and that those guards be carefull to see the former order observed . now whereas the said serjeant major having ( in his great care and faithfullnesse ) given his advice to the said sheriffs , concerning what guards he conceived to be fitting , and how the same guards ought to have been ordered by water and land , as he thought most advantagious for the said service . whereas also the said serjeant major hath given his further advice and order to divers other persons concerning the timely discovery , and preventing of any thing that might have been attempted or done contrary to the intent of the said order of both houses of parliament . and whereas the said serjeant major skippon hath according to the trust reposed in him by the citie of london , placed the trained-bands of the said citie , at the further end of tower-street , and in such other places within and about the citie , as he conceived to be most for the safety of the citie : all and every particular of the which premisses , and whatsoever else in the same kinde , and to the same ends , that he the said serjeant major hath advised , or done , or shall advise or do according to the order aforesaid , is hereby well approved off , and fully warranted by both houses of parliament , as being for the reall good service of his majesty , and the common-wealth ; as also for the safety of the parliament and citie : and is in all and every part thereof according to his duty , the last protestation , and the laws of this kingdom . and if any person shall arrest , or any other way trouble him for so doing , he doth break the priviledge of parliament , violate the liberty of the subject , and is hereby declared an enemy to the common-wealth . february . london , printed for joseph hunscott . . the case of sir william portman, and john sandford, esq; burgesses for the burrough of taunton. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of sir william portman, and john sandford, esq; burgesses for the burrough of taunton. portman, william, sir. sandford, john, fl. . sheet ([ ] p.) s.n., [london : ] caption title. publication data suggested by wing. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng portman, william, -- sir -- trials, litigation, etc. sandford, john, fl. -- trials, litigation, etc. england and wales. -- parliament. -- house of commons -- contested elections -- early works to . elections -- corrupt practices -- england -- taunton -- early works to . taunton (england) -- politics and government -- th century -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of sir william portman , and john sandford , esq burgesses for the burrough of tavnton . the said burrough is but a part of one of the parishes of taunton , to which three other parishes lie contiguous , by reason whereof the inhabitants ( being more numerous than the potwallers ( the name by which the electors are known ) use to be the occasion of disturbances at the poll : and therefore before , and at the election , sir william portman , and mr. sandford took what care they could to prevent such disturbances . on friday the th , of january , the mayor ( having made a place for himself , and the officers with mr. roe and mr. purchase for sir william portman , and mr. sandford : and mr. baker and mr. wey for mr. trenchard , &c. to take the poll , and also a bar to let in the potwallers , and to keep out those who had no voices ) proceeded quietly for some time ; at length , after some disturbances begun , upon mr. trenchards desire the mayor adjourned for an hour , and then returned and continued the poll peaceably , polling on both sides , till almost night , and then adjourned till next morning , stayed two hours on the place , and by open proclamations , called for mr. trenchards friends to vote , but none coming , shut up the poll , and proclaimed sir william portman and mr. sandford to be the burgesses . as to the complaint by the petition concerning the disturbance and souldiers , the truth is . that some leading men of mr. trenchard's party , that were dissatisfied with this election , and their abettors , having invited mr. trenchard to stand ; and having not votes enough to carry it for him , were the occasion of the disturbances ; in this manner . first within the bar , by fighting without sticks , and then without the bar , by provoking and railing speeches , and by fighting with sticks , and threatning the mayor and gentlemen as they went home towards his house after the adjournment , that if mr. trenchard was not chosen , they would have the blood of some of them . which disturbances they also repeated , after the mayors return to the poll. also by untrue allegations of pretended dangers , they disswaded mr. trenchard from returning to the poll , or sending his voters thither , both after the first adjournment and the next morning , when all was quiet . and by many other unfair practises ; as before the poll , by threatning to send in people to get it for mr. trenchard , if not by fair means by force : and since the poll , by offering mony to perswade people to come to london to be witnesses against sir william and mr. sandford , of things they never knew ; and by threatning several poor people , to turn them out of work , only in case they voted for sir william portman and mr. sandford , which since they have done accordingly . as to the pretence of any thing done by souldiers , the truth is ; about twelve inhabitants potwallers of taunton , who had taken up arms for the prince of orange in collonel lutterells regiment , having left their wives and families in taunton , by leave from their officers , came without their arms , in peaceable manner to the election , and gave their votes for sir william portman and mr. sandford , as they had done , at other elections . a declaration, whereas we have been given to understand, that several untrue and groundless reports, have been of late industriously spread among the seamen of the fleet william iii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration, whereas we have been given to understand, that several untrue and groundless reports, have been of late industriously spread among the seamen of the fleet william iii, king of england, - . england and wales. sovereign ( - : william and mary) sheet ([ ] p.) printed by edward jones, in the savoy [london] : . reproduction of original in huntington library. broadside. title taken from first line of text. at head of title: by the prince of orange. at end of text: given at st. james's, this sixteenth day of january / . signed: w.h. prince of orange. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- pay, allowances, etc. -- early works to . desertion, naval -- great britain -- sources. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the prince of orange , a declaration . whereas vve have been given to understand , that several untrue and groundless reports , have been of late industriously spread among the seamen of the fleet , touching the incertainty of their receiving the vvages due to them for their service therein , to the occasioning great discontents and disorders within the said fleet ; vve out of the just regard , which vve do and shall always bear , to the satisfaction and encouragement of the seamen of this kingdom , have thought fit hereby to declare , that as well the arrears already due , as the growing vvages of all and every officer and seaman , serving us in the said fleet , shall be fully made good to them , according to the known methods of the navy ; so soon as the ships whereon they have or shall respectively earn the same , shall be brought in and laid up . and whereas among other the ill effects of the reports beforementioned , one is , that several seamen have been thereby misled to the absenting themselves from their ships , without leave , and thereby subjecting themselves to the penalties , by the laws of the sea ; provided on that behalf : vve do hereby further declare , that all such absenters , who shall return to their duties , on board their respective ships , within the space of fifteen days after the date hereof , shall be by us pardoned their said offence , and exempted from the punishment by law due for the same ; and be moreover entitled to the full benefit of this our declaration , in reference to their vvages ; but so as that whoever of them shall be found either refusing or neglecting to lay hold of this our gracious offer , by a timely return to their duties , as before , shall be diligently sought after , and ( being apprehended ) strictly proceeded against for the same , as deserters , according to law. given at st. james's , this sixteenth day of january / . w. h. prince of orange . in the savoy : printed by edward jones . mdclxxxviii . lord hollis, his remains being a second letter to a friend, concerning the judicature of the bishops in parliament, in the vindication of what he wrote in his first : and in answer to ... the rights of the bishops to judge in capital cases in parliament, cleared, &c. : it contains likewise part of his intended answer to a second tractate, entituled, the grand question touching the bishops right to vote in parliament, stated and argued : to which are added considerations, in answer to the learned author of the grand question, &c., by another hand : and reflections upon some passages in mr. hunt's argument upon that subject, &c., by a third. second letter to a friend concerning the judicature of the bishops in parliament holles, denzil holles, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) lord hollis, his remains being a second letter to a friend, concerning the judicature of the bishops in parliament, in the vindication of what he wrote in his first : and in answer to ... the rights of the bishops to judge in capital cases in parliament, cleared, &c. : it contains likewise part of his intended answer to a second tractate, entituled, the grand question touching the bishops right to vote in parliament, stated and argued : to which are added considerations, in answer to the learned author of the grand question, &c., by another hand : and reflections upon some passages in mr. hunt's argument upon that subject, &c., by a third. second letter to a friend concerning the judicature of the bishops in parliament holles, denzil holles, baron, - . holles, denzil holles, baron, - . letter of a gentleman to his friend. atwood, william, d. ? reflections upon antidotum britannicum. [ ], , [ ], - [i.e. ], [ ] p. printed for r. janeway, london : . the first article in this collection appeared also as: considerations touching that question, whether the prelates have the right to sit among the lords, and vote with them in parliament in capital cases. . "considerations ... in answer to the ... author of the grand question" (p. [ ]- ) and "reflections upon antidotum britannicum, and mr. hunt's late book and post-script" (p. [ ]- ) each have special t.p. paging irregular. marginal notes. includes index. errata: p. . reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hunt, thomas, ?- . -- rights of the bishops to judge in capital cases in parliament cleared. stillingfleet, edward, - . -- grand question concerning the bishops right in parliament in cases capital. hunt, thomas, ?- . w. w. -- antidotum britannicum. church of england -- bishops -- temporal power. england and wales. -- parliament. -- house of lords -- jurisdiction. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion lord hollis his remains : being a second letter to a friend , concerning the judicature of the bishops in parliament , in the vindication of what he wrote in his first ; and in answer to a book since published against it , entituled , the rights of the bishops to judge in capital cases in parliament , cleared , &c. it contains likewise part of his intended answer to a second tractate , entituled , the grand question touching the bishops right to vote in parliament , stated and argued . to which are added considerations , in answer to the learned author of the grand question , &c. by another hand . and reflections upon some passages in mr. hunt 's argument upon that subject , &c. by a third . london , printed for r. janeway , . the general preface . the name of the lord hollis is so well known , both to the active , and contemplative part of mankind , that no more need be said to recommend any papers to the world , than to give assurance that they were his , and by him designed for the press . i am perswaded that most who read the first of these ensuing treatises , and have been conversant in that great man 's writings , cannot but acknowledge this , for the genuine product of his large soul , and close way of reasoning . but besides the inward testimony of the thing it self , we have other sufficient proof of its being authentick , from such as had the honour of a familiarity with that extraordinary person in his life time , to whom he communicated his thoughts on this subject , as he from time to time committed them to paper . he lived not to finish any more of his answer to the grand question , &c. than what is now published ; but often affirmed that he had conquer'd all the difficulties in it : nature was spent , and all the oyl of his vital lamp was consumed , before he could advance further with his pen : and when we consider that he had past the age of man , having arrived to his eighty first year , and that he still continued writing for eternity , when he was upon quitting this mortal state , we may well say that his life went not out in a snuff , as most very aged men expire ; but that he ascended to heaven in a bright flame , which still continues to enlighten us that remain here below . surely i cannot be taxt of impertinence , if i here strew upon his herse some of cicero 's happy flowers , since one would think they sprung up now for this very purpose , est etiam quietae , & purae , atque eleganter actae aetatis placida , ac lenis senectus , qualem accepimus platonis , qui uno & octagesimo aetatis anno scribens mortuus est . let no man say that it misbecame him to spend his time thus , when he was posting to eternity : he had found truth to stand in need of his defence , and his own reputation was called in question upon his appearing for it . and next to devotion , ( which without doubt had a due share of his time , ) nothing perhaps can give a greater foretaste of the joys of heaven , than the sense of a mans having fully vindicated truth , and his own good name . the author of the considerations is likewise a person of great age , and well known for his great learning : nor would his name , if made publick , give any small reputation to his book : but he is so sincere a lover of truth , that i dare say , he would not have any man byast with a previous disposition to believe , that there is more force in his arguments than he finds , but leaves them to their natural energy . for me to pretend to give the characters of such authors as these two , would he a presumption beyond what i am guilty of , in putting some papers of mine in the retinue of theirs . but though my character cannot do sufficient right to either ; yet a confutation of mr. hunt 's errors may be a piece of justice to the lord hollis , who has been much undervalued by this warm author . and as mr. hunt is a man justly in reputation for his parts and literature , unless it be shewn that his authority is of no great weight in this sort of learning , he might wound by his censure where he doth no great feats with his argument . i doubt not but he will pardon my freedom with him , since he has used as much , or more , with what i have formerly published to the world. indeed by his preface one would think , that he had wrote before i had set out any thing relating to antiquities : but then he must needs have understood by way of prophecy what i would say about the curia regis , great part of which he makes use of , and concerning the explication of king iohn's charter , and several other things , which he opposes . i am sensible that enough has been said by the two learned authors ( on whose papers mine attend : ) to clear the question concerning the bishops voting in capital cases in parliament , from all the dust raised by mr. hunt. but he having put things together in another manner than had been done before , some might think it requisite that there should be a particular answer given to every thing of his that bears the face of an argument , both upon the account of the weight his assertions may carry with many , and the want of judgement in others , to apply what may be found in these treatises to silence all objections , in how different a manner soever they may be repeated . and truly this i had done according to my talent , but considering that those things are wrote for the learned , whose judgements are too delicateisoon to rellish the same dish drest over and over again ; i thought it convenient to suspend the publication of what has occurr'd to me upon that subject . nor shall i at present interpose in that controversie any further , than to free my self from a two-horned argument , which i were very dull not to perceive my self to be concerned in , if not solely aim'd at by it . having first taken a difference between the great , or general council of the nation , to which proprietors of lands , as such , had right to come , till h. . and the curia regis compos'd of the kings immediate tenants , and officers ; i had occasion to enquire into the nature of the curia regis , mentioned in the constitution of clarendon , which obliges the ecclesiastick tenants in capite , interesse judiciis curiae regis quousque perveniatur ad diminutionem membrorum , vel ad mortem . this i took to relate to judgements in the curia regis , as such : and the ground of coming to the great , or general council being different from that of coming to the curia ; from thence i conceived might be gathered a sufficient reason , why the bishops might have been allow'd to vote in a legislative capacity in cases of blood : and yet that practice might no ways extend to warrant their sitting as iudges upon such causes , either when there was a bare curia de more , or when it sat within the general council of the kingdom , more than the suitors at the curia being summon'd . the legislative power they exercised as members of the general council or parliament : and the iudicial power , as members of the curia , and were members of the curia , as they held lands of the king in chief : whereas men came to the parliament generally upon the account of property in land , without consideration of tenure , so it were free . in short , a man may have that in an extraordinary capacity in parliament , which he has not there in an ordinary . i likewise held that becket was try'd for misdemeanors only , though according to the language of those days they were crimina laesae majestatis , and that the tryal was in a bare curia regis , when no more than suitors to that were summoned . mr. hunt 's argument upon this follows , if it was the curia regis wherein the ordinary justice of the nation was administred , and not the parliament was intended in the assize of clarendon , in which the priviledge and indulgence under the quosque was allow'd to bishops , then the assize of clarendon is unduly urg'd against the bishops judging in cases of blood in parliament , &c. and consequently by the assize of clarendon the bishops have no leave to withdraw . if the court wherein thomas becket was tryed was the curia regis , then the bishops judging in that court in that cause doth most clearly declare ( that being a case in point ) that the quousque was an indulgence which they might use or wave . now to my thinking , this seeming irrefragable argument has no real force : for , not to mention his wrong interpretation of the constitution of clarendon , nor yet his mistake of the fact in relation to becket 's tryal , as if he were tryed for a capital offence : in both which i doubt not but he will receive conviction to the contrary from these two learned authors : i am bold to say , that there is no manner of consequence in the first branch of his dilemma , which is the only thing that can lye upon me to answer : and truly , i conceive , that it by no means follows , that because the curia regis in the constitution of clarendon is not the whole parliament , but only that court which ( either when a parliament was held , or when only a council of tenants in capite , or lords , assembled ) had the sole exercise of the judicial power , that therefore iudgements in parliament before the lords , such as were members of the curia , are not affected by that constitution , any more than we can now say , the house of lords cannot be concerned in any matter which does not belong to the whole parliament . i shall only add three observations , which may go far to put an end to this controversie . . that part of the constitution of clarendon , which says of the ecclesiastick tenants in chief , debent interesse judiciis curiae regis quousque perveniatur ad diminutionem membrorum vel ad mortem , was part of the avitae consuetudines ecclesiasticae . if it had been a new law , then indeed whatever was not expresly forbidden , were matter of liberty : but it being only in affirmance of the ancient law , their liberty went no further than the usage , which was to be present only till such causes came to be tryed . . if precedents are as mr. hunt censures them , like an oracle , that will always give a response agreeable to the enquirer and consulter ; then we must , as i formerly did , look to the law in the case , without entring into the large field of precedents . . if the canons require the bishops not to concern themselves in the tryals of capital causes , and those canons have been sufficiently received to become the law of the land ; which these authors prove undeniably , then the bishops must ever be supposed to have been absent when such matters came in question in parliament ; unless they are mentioned there by name , and cannot be comprehended under words common to them with the temporal lords , any more than we can imagine that the popish lords , who are excluded the lords house by act of parliament ( yet still are peers ) are parties to any judgement given by the peers there . sir , the former trouble i gave you upon this subject , you pulled upon your self by desiring my opinion in it ; but for this i now give you , i must beg your pardon , it being singly upon my own account , to do my self ●…ht , and justifie what i then wrote to you , against several aspersions cast upon me in a pamphlet entituled , the right of bishops to judge in capital cases in parliament , &c. made it seems by the same person , who had set out the other pamphlet intituled , the honours of the spiritual lords asserted , &c. of which i gave you some account in a postscript to my former letter , and i think , without any sharp reflection either upon that author or his work . the most i said was , when i had instanced in three notorious falsifications of his : the first is , p. . where he quotes mr. selden to prove , that the spiritualty made their proxies in capital causes in more parliaments than the r. . for that they did it likewise in the h. . and h. . which i shew was a mistake , and only said he could not find it so in the record it self , but that he took it upon trust out of the margin of mr. seldens book of the priviledges of the baronage p. . where there is such a quotation of the h. . and the h. . but wholly misapplyed by our assertor of honours ; for mr. selden alledges that precedent to shew , that whereas h. . it was by the then earl of salisbury assigned as an error in the attainder of his father , ( who was condemned of high-treason in the h. . ) because it was done sans assent des prelates , which are the words of the record , without the assent of the prelates ( by the way speaks nothing of proxies ) it was then adjudged to be no error , and his petition rejected , which in truth is a strong argument to prove that the prelates had no right to be present at such tryals and judgments , which is the main question between us . and though he being of another mind , had maintained his opinion by so gross a prevarication , i was so far from retorting it upon him with any bitterness , saying , it was disingenious , and a suppressing of truth , and not setting things down faithfully ; which is his ordinary language concerning me : or with insipid jeers , saying , i wear a sharp sword , a trenchant toledo , as one of the younger house of great alexander ; and that he brings me to the sun like alexanders horse ; and telling of the magical combate in apuleius ; and a city of birds in aristophanes , and such other scurralous passages as his book is full of ; which shews the sweetness of the gentlemans nature , and the goodness of his cause , which he maintains only by railing and false assertions : whereas i rather lessened his fault , saying , only that he was mistaken , by being misled by the printers misplacing the quotation , so excusing him from any wilful error , and purposely venting of untruths . i do the like in another great falshood of his in the page following , upon his citing a record r. . in the case of the earl of arundel , which he makes to be , that the lord steward by the assent of the king , bishops and lords , adjudged the said earl guilty of treason ; whereas the record runs , that the lord steward by the commandment of the king and all the temporal lords , and sr. thomas percy , empowered by the prelates , and all the clergy of the kingdom , judged him guilty , &c. this you see is a foul misrepresenting of his precedent , and imposing upon the reader a falshood instead of a true record , for it shews that no bishop was personally present , and i make it out , that the putting of a lay-man in their steads , is a strong evidence of the incapacity of all clergy men to be any of them personally present at any of those tryals . yet in this i rather excuse our bold assertor , shewing how he was misled here likewise by sr. robert cottons abridgment ; and only add this , that methinks one should not venture to quote a record upon any mans allegation without consulting the record it self , which , i said , i am sure he had not done ; which i think was as gentle a reprimand as could be , and shews , that i supposed him such a lover of truth , as that if he had known it a falshood , he would not have made use of it , only he was deceived , relying upon the authority of that learned antiquary , sir robert cotton ; but in truth i am now of another mind , and see my gentleman hath a large conscience , and a mercenary pen to publish any thing right or wrong to please those that set him on work . his third notorious falshood is , the precedent , which he cites of richard earl of cambridge , who he saith , h. . was tryed in parliament , upon an accusation of treason , and found guilty ; the lords spiritual being personally present , and bids us see the record of it in the tower : to which i only say , that he had not done it himself , for he would have found it contrary to what he asserts ; and that the earl of cambridge was tryed , condemned and executed at southampton by a special commission ; and that his attainder was afterwards brought into parliament , and there confirmed by act of parliament , at which the bishops might be present . now i pray you sir , do you judge if i gave him any occasion for such a reply as he hath made to me throughout , from the beginning to the end of his pamphlet : and if he should not first have considered the beam in his own eye , and have purged himself , and given the world satisfaction for these gross mistakes of his , rather than add more to them as he hath done all along his book , with language fitter for billingsgate , than for the eyes or ears of any sober man : but i see it is the nature of the beast , as the proverb is , which he cannot help , therefore we must take him as he is , naturam expellas furca licet , usque recurret . and now sir i must beseech you to pardon the trouble i have given you with this long recapitulation of those his falshoods in his former pamphlet : in which i have been the longer to set forth the advantage he gave to one that would have fallen soul upon him , and how gently i dealt with him , thereby to justifie , or at least something excuse my sharpness with him now ( which i confess and am sorry for ) for his base return of scoffings and railings against me , not fit for a gentleman , who deserved better at his hands , and gave him not the least provocation for it : but tread upon a worm , and it will turn again . and so i shall apply my self to answer what he saith as to his arguments in the maintenance of his assertions , which i think will not prove very convincing , and will follow him , as he sayes he would follow me , step by step , and i hope i shall make it appear , that he hath made many a false step , and will begin with his postulata's as he calls them , wherein he saith we do agree , but he means i think like dogs and cats . his first postulatum is concerning the protestation of the bishops r. . wherein he saith we both agree that it is a law , but that i have not set it down faithfully , leaving out the most considerable things in it , because they make against me ; which if i have done , i am a very bad man , and may pass not as he stiles me for , one of the younger house of great alexander , but rather of the house of this great asserter himself , who is the chief of the family of the asserters of untruths . his charge against me is , for leaving out a passage in my recital of this protestation , which is , what they say in the beginning of it , and likewise towards the end of it , claiming themselves to be peers , and that in right of their peerage by the laws and customes of the kingdom , they ought to be personally present in all parliaments . then he subjoyns another protestation in the h . which he saith also i have not cited faithfully and ingenuously , as i ought to have done . this is a great charge upon me if it be true , that i have done any thing unfaithfully and disingenuously , of which i hope i shall be able to purge my self . and first give me leave to make a protestation for my self in the general , which i do upon the faith of a christian and an honest man , and it is this , that neither in the citing of these records , or any other throughout my letter to you , i have purposely and willingly left out or concealed any thing that i thought material , because it made against my opinion : but what i have written is the naked truth as i am fully perswaded in my soul and conscience , and all that i have done in it hath been singly and meerly for the discovery of the truth , and the satisfying of my self and others , of which i take the searcher of all hearts to witness ; and let our asserter say so much if he dares , though for venting falshoods for truths , i find him a daring man. and now to come to these particulars , i will first lay before you upon what ground and to what end i urged that protestation of the bishops , r. . it was for two reasons , one to shew , that it being at their desire enrolled in full parliament by the assent of the king , lords temporal and commons , it came to be the law of the land , though it had not been so before : the second thing was to shew that the salvo of the prelates in that protestation extended only to their right of sitting in parliament in other cases , but not in cases of blood ; and that they did not therein at all pretend to that : which i think i very clearly proved in that letter , to which i refer my self . but for these omissions which he makes so criminal : as for the first , concerning my not expressing that they made their peerage a ground of their protestation : i answer , that since what i conceived and maintained to have been their end in their protestation , which was , only to assert and lay claim to their right of being present in parliament in all other matters , but matters of blood , was not at all controverted by me , but that , to which i fully agreed in omnibus , i did not think it at all necessary nor proper to insert what moved them to make such a protestation , but only so much as was to the purpose for what i alledged that precedent : the matter of their peerage is another point , for which in truth there is little ground , notwithstanding all their claim to it ; and that it be sometimes attributed unto them by such as desire to please them , and perhaps by many ignorantly and mislead to it , in regard of their sitting in the upper house of parliament , and having a parity of vote with the temporal lords in the legislative part , and likewise in the judicial part of that house , in all other cases but of blood , from which they have been particularly debarred both by their own canon law , and afterwards by the law of the land , and the custome and usage of parliament , which may very well make many persons not considering the true nature of peerage , nor examining with care and diligence what in that particular our law saith , and what hath been the usage of parliament , give them that appellation : but i have in my former letter cleared also this point ( i think ) very fully , and shall say more to it in this , when i come to answer that article hereafter in course , as our assertor brings me to it , for this now is but by the way upon occasion of this his first postulatum . and now for his other charge upon my unfaithful citing the protestation in h. . leaving out how the lords spiritual and temporal joyned in challenging their right of judicature , and that the judgment given by the king concerning the duke of suffolk should not turn to their prejudice , but they and their successors should enjoy their liberties in case of their peerage hereafter , as freely and as largely as their ancestors had before them : i shall give a like answer to this as i did to the other , i concealed nothing that was necessary and proper to be said , which may appear by my letting forth particularly the whole proceeding in that tryal , step by step , how the prelates joyned in the management of it , from the beginning to the end ; therefore certainly it had been no more a disadvantage to me to acknowledge that the prelates claimed such a right in a verbal protestation , than that they did actually exercise it , as i say they did all along in the whole transaction of that business : therefore if it was designedly done , it was a weak design in me ; my end was only to shew the palpable extravagances of that tryal , and of the kings taking upon himself to give the judgment , and so mentioned the lords protesting against it , in which the prelates joyned with the temporal lords , as well as they had in all the foregoing passages of it : for the matter of their peerage , i reserved it still to be spoken to in a clause apart by it self , when it comes to be the proper subject matter in question , i did it in my former letter to you , and i shall do the same in this . his second postulatum is concerning attainders , in which he saith we both agree that bishops may and ought to be present , and yet attainders , saith he , are matters of blood ; and learnedly he adds , that it is not material in the judgment of any considering person , which way a mans life is taken away , whether by way of attainder , or by impeachment ; and infers further , that the canon law , which by a jeer he saith , i call the law of laws , is not so indispensibly obliging . and our asserter it seems puts himself into the rank of those considering persons , that make an attainder and an impeachment two distinct species or kinds of proceeding against a criminal person to take away life , saying it is not material which of the two wayes life is taken away , whether by attainder or impeachment . oh the ignoramus , that wants a considering cap to judge aright and know what an attainder is , which is what follows upon the conviction and condemnation of the guilty person , be it upon an impeachment in parliament and tryal there in a judicial way , or by an act of parliament in the legislative way , or by a special commission of oyer and terminer under the great seal ; the attainder is the result and consequent of those three wayes of tryal and condemnation , and not a distinct thing running in a different channel from an impeachment or from any of the other wayes of tryal , being the end and consequent as i say of all tryals , when the person is found guilty . the term attainder or attainted implies so much , which our etymologists derive from the latin attingere , to touch or reach to a thing ; now a criminal person is touched or reached unto , and seized upon by the law , upon an impeachment and tryal in parliament , or by a tryal out of parliament by commission , as well as by an act of parliament , so i think one may give it this definition , that it is a notion in law , whereby the law reacheth and seiseth upon a condemned person , taints his blood and divesteth him of all his priviledges both in publick and private concerns , which he enjoyed before as a free man of england . besides , our confident asserter doth not consider the nature of the question in controversy , which is not , whether a bishop quatenus a bishop , an ecclesiastical person in holy orders , may be present as a judge in any case when matters of blood are agitated ? and whether the canon law be so obliging , as that in no case he may , but whether by the law of the land , and the custome and usage of parliament , the bishops be forbidden it , when the house of peers acts in a judicial capacity to condemn any body , and not when they pass an act of parliament for it , and i think it is clearly made out , that they may in the latter case , passing a law for it , and not in the former , to act as judges in a judicial way . his third postulatum is concerning the petition of the commons r. . that in regard divers judgments in parliament had been heretofore undone and repealed , for that the lords spiritual were not present at them , the king would command them to make some their common procurator with sufficient authority thereunto ; which would put an end to all controversies : to this he saith , that for me to demand what in particular those judgments were at this distance of time , is neither equitable nor rational : and truely i made no such demand , for i do very well know what judgments the commons did then not intend , which were all judgments in capital cases ; for it is most clear by all records of parliament , and all the vestigia that remain with us of the usage and proceedings of antient parliaments , that there is not the least colour for so much as a doubt or a suspition that the prelates or lords spiritual could have any part in those judgments . and we know on the other side , what judgments they had their shares in , which were all judgments in such civil causes as came into the parliament , and in criminal causes that were not capital , and the commons then could intend none but these , which was enough to satisfie me , that this petition of theirs at that time was no wayes contrary or repugnant to what i maintained . and by the way , methinks it is worth observation , the reason they give of their desire that the bishops would make a proctor , not so much for that , that their presence there was of so absolute necessity , as that what was done without them was in it self null and void , but to put an end to all controversies ; which shews the prelates had expressed some dissatisfaction , and had gotten some things which had been done in their absence to be undone and repealed , which considering their power at that time , and how all the laity was in awe of them , would have a great effect upon mens minds , and make them do what else they would not have done , and perhaps strain a point a little to satisfie them : and still it shews , that notwithstanding their absence they were good and valid , till the same power that had made them did repeal them . and to shew what an ascendant the prelates had over king and parliament and the whole kingdom at that time , see what they did but the year before r. . they declared unto the king in open parliament , that they were sworn to the pope and see of rome , and if any thing were in parliament attempted in restraint of the same , they would in no wise assent thereunto , but would utterly withstand the same : and can we then wonder , if the commons were not very loth to displease them , and willing to comply with them much rather than have a controversie with them , and perhaps be fain at last to undo what they had done ? his fourth postulatum is upon the protestation of viscount beaumont in the name of the lords spiritual and temporal in the case of william de pole duke of suffolk , which hath been touched upon before , wherein he now saith i have left out the most material words ; but what they are he expresseth not , nor can i imagine what he means ; as i have already said , i have been very particular in setting down every circumstance of the whole proceeding , acknowledged the actings of the prelates in it thoroughout as far forth as the temporal lords , and then i say , how upon the kings giving judgment upon the duke , that viscount in the name of the lords spiritual and temporal made that protestation , that it should not be nor turn in prejudice nor derogation of them , their heirs , ne of their successors in time to come . i think this was sufficient to shew that i did acknowledg all that could be pretended to for the bishops judicature in that business , and what this assertor would have more , and wherein i have failed i can not imagine , only i see he is a quick-sighted gentleman and can see further into a milstone , than another man , and spy a fault which another cannot see . he hath a fifth postulatum , to whichi can say nothing , for i understand not what he would be at , he speaks of my accurateness in making a distinction between the matter andform of a law , and then saith , he observes three things ( though he expresseth but two ) which he saith , he shall have occasion to make use of hereafter when he comes to speak of the particular cases ; and i must refer my answer to what i shall there find , when i believe i shall make it appear that he makes no great use of them , nor of any other argument that he brings . and now i come to the particular cases , the first is e. . of roger mortimer earl of march being then condemned for treason . here our asserter saith , that by e . upon his cousin roger of wigmore's petitioning to have this judgment and attainder reversed , i acknowledg it to be an attainder , if i say truth , say nothing to the purpose . this is gentile language , and which discovers my gentlemans ignorance , as well as his rudeness ; his ignorance in conceiving an attainder to be only by a law , by an act of parliament , in which bishops may be present , and if they were not so , but did withdraw , it was their own voluntary act , and no diminution to their rights : i have already upon his second postulatum handled this point so fully , and made i think both his errour and the truth so clear , as i need not say any thing more to it here . then it is a pretty argument he brings against my saying , that the record being , les queur counts , barons & piers les articles per eur eramine ; rebindrent , &c. which earls , barons and peers having examined the articles returned , &c. it must be inferred that the bishops cannot be comprehended under the word peers , since the barons are named first ; to this his answer is , well but i find the contrary , peers many times put before barons , particularly in mr. selden's baronage , p. . then he cites a record of the judgment against john mautravers , where it is said , for which the said peers of the land and judges of parliament adjudge and award , &c. doth this at all contradict my quotation of the record in roger of mortimers case , but that it is as i say , that the general word peers is there put after the barons , and being so cannot comprehend bishops , because in some other records that word is put before . he talks of drawing arguments illogically , i am sure this is so . i would put him a case , he brings his action of slander against one , for that at such a time in such a place he had spoken ill of him , and said he was a lying knave , and other words that will bear an action , and proves it by witness ; that man proves by other witnesses , that at another time and in another place he had spoken very well of him , and said , he was a fine gentleman ; i ask now if he would be satisfied with this , and not stand upon it , that he had proved his plaint , and expects a verdict and judgment upon it : so may i say , that my precedent stands good , and proves what i alledge it for , and what he saith , is not to the purpose . but i will go further , and make it appear that even his precedents that he alledges , make all for me , and against himself , and though he charges me with not being so good as my word , saying , that i would run through all the tryals upon record , in that i have omitted four in that e. . i shall give you an account of those tryals in that parliament , and you will see that i could have no sinister end in not mentioning them , and that all of them proved and confirmed my assertion , that the bishops had no part in any of them . i expressed as much as was necessary to prove they were not present at roger de mortimers earl of march , who was the chief and the principal of those delinquents , and whose tryal was the leading case to all the rest . i give you the words of the record , how after the exhibiting of the articles against him , the king bespake the judges , the peers who were to judge him , and charged them in these words , dont le dit sr. le roy vous charge counts , barons , les piers de son royalme , que de st come cest choses touchent principalement , a lui a vous & a tout le people , &c. therefore our said lord the king charges you the earls , barons , peers of his realm , that as these things chiefly concern him and you and all the people , &c. you give righteous judgment . i ask now if this be not as clear as the sun at noon-day , that by the words of this record , i charge you the earls , barons , peers of the realm , ( which is the same as if he had said , i charge you earls and barons who are the peers of the realm ) can be no otherwise understood , but that only the earls and barons are the peers that are there charged , and none else , to give this righteous judgment : the earls and barons are the two species , particularly enumerated , and peers is the genus which comprehends both : and the same persons whom the king had so charged are they who tryed and gave judgement upon the earl of march , as the record shews it , saying , les queux countes , barons & piers , &c. did judge him guilty of those treasons . and the very same persons did give judgement immediately in that very parliament upon the rest , viz. sir simon de bereford , john mautravers , boeges de bayons , and the rest . therefore my not mentioning their tryals , which our asserter lays to my charge as a crime , and a not doing what i had engaged my self to do , which was to run through all the tryals in those parliament rolls , could not be designedly done , with an intention to conceal any thing which made against me , as it is maliciously and very falsely interpreted , for they all made for me , and it was a passing over sub silentio , of so many precedents that confirmed and fortified what i asserted . and should you , sir , ask me , why i omitted the mentioning of them ? i profess i could give you no good account of it , but that it was a meer inadvertency . when the question first arose about the judicature of the bishops , i took some short notes of some copies of records that i had ; and then seeing that all those particular tryals in e. . hung all upon one string , and were managed by the same persons , it seems i thought it then sufficient to set down the proceedings in the first , which was the rule and foundation of the proceedings in the rest , and afterwards when i came upon your request , to take a little more pains in making my enquiry into the usage of ancient parliaments , i was afterwards more exact in it ; but when i wrote my letter to you , i made use of my notes which i had taken of the first parliament , and particularly of e. . where these other tryals as i say , were left out . but i shall now give you an account what they are , and you will see it was not for my advantage to conceal them , nor would it have been for our asserters advantage if they had been mentioned ; but he quarrels at every thing . only give me leave before i come to that , to set it down as a general rule , and a very true one , that wherever there is an enumeration of particulars of several ranks and degrees , which goes downwards , beginning with the higher and ending with a lower , and in the close , a general expression is of others to be added to , and joined with them , those others must not be of a higher rank and a superiour degree to that particular which is last mentioned , but either of the same degree , or of a lower . this is a judged case even in the business of bishops in cokes second report in the arch-bishop of canterbury's case , p. . ad este adjuge que evesques ne sont include deins le statute , eliz. c. . it hath been adjudged that bishops are not included in the statute eliz. c. . which saith , that colledges , deans and chapters , parsons vicars , and then concludes , and others having spiritual promotions , that these last words cannot include bishops , for reasons before given , which reasons are upon the statute of h. . concerning the dissolution of abbies , which mentioning their coming into the kings hand , by renouncing , relinquishing , forfeiture , giving up , &c. and concludes with general words , or any other means ; this cannot be understood of an act of parliament , which is a higher way of conveyance , than any of those specified . so sir edward coke upon the statute of westminster the second , c. . which saith , si abbates , priores , custodes hospitalium & aliarum domorum religiosarum , &c. hath this comment , seeing this act begins with abbots , &c. and concludeth with other religious houses , bishops are not comprehended within this act , for they are superiour to abbots , &c. and these words , other religious houses , shall extend to houses inferiour to them that were mentioned before . so i conclude , that the record saying , earls and barons and peers , &c. the general words , and peers , can comprehend none but some other peers , equal only , or inferiour to barons , and not any above them , as i am sure bishops will say they are . and i will tell you when those of a higher degree may , and must be comprehended under a general expression , that is , when the enumeration or climax ( for so i may call it ) goes upwards , beginning with a lower rank , and rising higher in those which they particularize : as if it be said , barons , earls , and all other peers ; here marquesses and dukes will be comprehended , and bishops also would be , if they were peers , which they are not ; but still i say , if the enumeration descend , none higher than the last mentioned , can be understood to be meant by any general clause . i think you are satisfied that the e. of march was tryed and judged only by the temporal lords to whom the k. had committed his tryal , and charged them only with it . sir simon de bereford was the next who was tryed , and by the same persons ; the record is item en mesme le parlement si chargea nostre sur le roy les ditz countes , barons & piers a donner droit & loyal iugement come affiert a simon de bereford , chebalier , &c. item , in the same parliament our lord the king charged the said earls , barons and peers to give a right and loyal iudgement upon sir simon de bereford , &c. it follows afterwards , si agarderent & aviggerent les ditz countes , barons & piers , come iuges du parlement per assent du roy que le dit simon come treitre fast treisne & pendu . so the said earls , barons and peers , as iudges of parliament , did with the kings assent , award and adjudge sir simon de bereford to be drawn and hanged . you see the same persons were his judges , who had before tryed and condemned the earl of march ; yet i must observe a little difference in the expressions : the king in giving the charge to the peers in the earls case , the words of the record are , the king charges you earls , barons , les piers de son royalme , the peers of his realm , which must be construed , who are the peers , or being the peers of his realm : and then their judgement comes to be set down , the record saith , les queux countes , barons & piers , &c. the which earls , barons , and peers , did so and so , with a conjunction copulative [ and ] before peers , as if there were some other peers after the earls and barons ; which if there were , we are sure it could not be the bishops , which is all that we are to enquire into : we know that heretofore the kings of england did sometimes send writs of summons to other persons , that were not peers of the realm , but persons of quality , as bannerets , and some officers , as the warden of the cinque-ports , whom i find commonly to be the last set down in the list of those who were summoned : and those persons so summoned , came and attended the parliament , and had voice and vote with the peers , as members of their house , and as peers pro tempore , and might be comprized under the general name of peers , and being lay-men , might act as peers in all tryals , and in all other judgements of parliament , both civil and criminal , even in capital causes ; but these could in no sort be esteemed to be peers of the realm , though they might pass in a large acceptation , and a vulgar construction of the expression , be termed peers in parliament . these now might be summoned to a parliament , or two or three parliaments one after another , as pleased the king , and then be summoned no more , if the king was otherwise minded ; and they could not pretend to have wrong done them , their former summons having been ex mera gratia , without any right of theirs to them . so then i may conclude that it is all one , whether you will take it as it is expressed in the kings charge then , the earls , barons , peers of the realm , &c. or as it is when they come to give judgement , and as it is likewise expressed in the case of sir simon de bereford , the said earls , barons and peers , &c. and whether that conjunction [ and ] before the word peers , be of any signification or no , to mark out other peers subsequent to the barons , is not material to what our asserter would have to be understood of my leaving out any thing , for it had all made for me , and against him , making it clear enough , that the bishops had no part in those judgements . the next precedent is the judgement of iohn mautravers , the record says , trestouz les piers , countes & barons , assemblez a ceste parlement a westminster , 〈◊〉 on t examine estroitement , & sur ce sont assentuz & accordez que john mautravers 〈◊〉 est culpable , &c. all the peers , earls and barons , assembled in this parliament at westminster , have strictly examined , and thereupon have agreed and accorded that john mautravers is guilty , &c. i appeal now to any man that hath but common sense , if it can be imagined , that the prelates or bishops can be thought to be meant by that expression of all the peers , and if it be not the same in signification , as when the king charged them to give righteous judgement upon the earl of march , saying , si vous charge countes , barons , les piers de mon roialme , &c. and so i charge you earls , barons , the peers of my realm , &c. there the several ranks of peers are first named , and the general word , which denotes their quality , common to both , which makes them competent judges of those matters , that is , their being peers is put last : and here in this record concerning mau●…avers it is put first . which comes all to one . and it is further observable , that at the time of that parliament , there were no temporal lords before earls , neither dukes nor marquesses : so if any others were to be understood to be comprised under that general title of peers , it could be only the lords spiritual , which is a thing very ridiculous to believe : can it be thought , nay can our asserter himself think , i trow not , that when the other particular ranks and degrees of the peerage are expressed and set down nominatim by name ( as one may say ) by tale and by token , earls and barons , that ( i say ) at the same time , and to be joyned with them in the same action , another rank of men , viz. bishops must pass under a general title , and that put in the first place , as if peerage were an apellativum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to them , or a genus imperfectum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to the two species , the lords spiritual and lords temporal , which genus the logicians define to be quod speciebus suis non communicatur ex aequo , sed alteri magis , alteri minus , uni speciei immediatè & propriè , alteri mediatè & in ordine ad primariam : and that so the lords spiritual should still be principally and chiefly meant , by the general name of peers , they primariò , and the temporal lords secundarió . those logical expressions i know our asserter understands well , who blames others for bringing illogical arguments , therefore i put this to him . but that they are not at all peers of the realm , to speak properly and truly , and as they are in the eye of the law , though they have sometimes been stiled so , both by themselves and others , i have in my former letter i think made it clear , and all that our asserter saith to the contrary , hath not made me change my opinion , and i shall say more to it , when i come in course to answer what is there said by him . in the mean time i shall only add this , which i lay for a ground , that i do verily believe no instance can be given of an enumeration of some particulars in an universal collective proposition , and to leave out that particular which is first in rank , and ought to be first named , if any at all be named , and to have that to be tacitely implied under the general term , the signum collectivum , as in this proposition , all the peers , earls and ba●…ons , gave such a iudgement : this i say , that if the bishops did joyn in the judgement , it would have been so expressed , and they would have been first named , otherwise it is like an et caetera in the beginning of an enumeration , which in the close , and after an enumeration of some particulars , may intimate a joyning of some others that are not particularly specified and named , but is never put in the beginning . and i think , i may with confidence affirm , that there is no example in all the rolls of parliament , that any of the benches of the house of lords hath been particularly mentioned in any business , and if the prelates did likewise act in it , that they were not also particularly mentioned , and always in the first place , nay , before any other , even before the prince of wales , and the princes of the blood , as may be seen in the roll e. . upon roger of wygmore's petition , the record saith , le roy ●…st venir devant lui & les prelatz & edward son fitz eisne prince de gales , henri duc de lancastre , countes , barons & piers le iugement , &c. the king caused to be brought before him , and the prelates , and edward prince of wales his eldest son , and henry duke of lancaster , and the earls , barons and peers , the iudgement , &c. now is it probable , or can it be believed , that the decorum concerning the bishops being in those times still so punctually observed , and that respect always given to the prelacy , whenever they were concerned to mention them particularly and in their due place , that they would in that parliament of e. . be content to be comprized under a general notion , and pass as a man may say incognito , when others have more respect shewed them , to have their names recorded ? i do not think that the clerk of the parliament durst have been guilty of so great a disrespect to them : therefore we may well conclude , that in this judgement upon mautravers , the prelates were not at all signified under the general word of trestouz les piers , countes & barons : all the peers , earls and barons ; nor were they at all present , or had any part in that tryal , no more than in that of roger de mortimer , earl of march. the other persons judged that parliament , had all the same judges , and passed under the same judicature . the record for boeges de bayons and john deuerell is , item tieu iugement est assentiez & accorde que soit fait de boeges de bayons , john deuerell pur la cause sus●…ite , &c. item , the same judgement was agreed to , and accorded to be given upon boeges de bayons and john deuerell , for the cause aforesaid , &c. the very same words are likewise for the judgements upon thomas de gurney , and william de ocle . and to prove it more authentically that they were all ejusdem farinae , of one and the same nature , i will give you the kings writ that declares them to be so , to the lord treasurer , and barons of the exchequer , commanding them so to inroll those judgements , and with them a kind of protestation made by those peers , stiled a concordia ne trahatur in consequentiam : an agreement that it should not be drawn into consequence : that is , not made a precedent , to oblige and compel them to judge hereafter any but their peers , because of the judgement they had then given against sir simon de bereford , john mautravers , and the rest , who were commoners : for as for those who were their peers , they could not avoid the trying of them , particularly in parliament , where only a peer of the realm can be tryed in parliament time , which hath ever been the priviledge of the peers ; and from which i shall in due time and place , before i make an end , draw i think , an argument not to be answered , that the bishops are not peers , for if they be peers , and questioned in parliament time , they must be tryed in parliament . but e. . stephen , bishop of london , having been complained of in parliament for saying , that if edward the second were still alive ( as he was informed that he was , and in corfe-castle ) he would assist him with all his force , to re-establish him in his throne ; was by the parliament , referred for his tryal to the kings counsel , and by them to the kings-bench , where putting himself super patriam , to be tryed as all commoners do , a jury was empannelled , and the tryal went on there in the kings-bench , till at last he got the kings pardon : this is term. pasc. e. . rot . . now had the bishop been truly and really a peer of the realm , neither could the house of peers have avoided the trying of him themselves , nor would he have submitted to a tryal elsewhere out of parliament , the parliament being once possessed of his cause . but this is by the by , the writ for inrolling those judgements , and the concordia is , in memor and. scaccarii inter brevia directa baronibus de termino sancti hillarii rot. . e. . in these words , rex thes. & baronib . suis salutem . bittimus vobis sub pede sigilli nostri quaedam iudicia in parliamento nostro apud westmon . nuper tento per comites , barones at alios pares regni nostri super rogerum de mortuo mari & quosdam alios reddita , nec non quandam concordiam per nos & pares praedictos , nec non communitatem regni nostri in eodem parliamento factam super praemissis , mandantes quod iudicia & concordiam praedicta in scaccario nostro praedicto coram vobis legi & publicari & ibidem seriatim irrotulari & de caetero ibidem obser●…ari faciatis , teste me ipso apud wyndesor . die februarii , anno regni nostri . per ipsum regem & concilium . the king to the treasurer and barons greeting . we send you under our seal , certain judgements given in our parliament late at westminster , by the earls , barons , and other peers of our realm , upon roger of mortimer , and some others ; also an agreement made in the same parliament by our selves , the foresaid peers , and the whole commonaliy , concerning the matters aforesaid ; commanding you , that the said judgements and agreement you cause to be read in your presence in our court of the exchequer , and there to be enrolled in course , and duly observed . given under our test at windsor , febr. . in the fifth year of our reign . all this shews there was no variation in any of those tryals , but all went on pari passu , in the same method . and it is not probable there could be any great change in their proceedings , the parliament continuing together so short a time , but fifteen days in all , as mr. pryn observes by the writs of wages in his fourth part , which is concerning parliamentary writs . and i think i may now say , that few will believe i concealed these precedents because they made against me . the case of sir thomas berckley is of another nature , his tryal is said to be inter placita coronae tenta coram domino e. rege in pleno parliamento suo , &c. mem. thomas de berkeley miles venit coram rege in pleno parliamento suo , & allocutus de hoc , &c. about the murther of edward the second , and asked how he would be tryed , ponit se super patriam : so twelve knights were empannelled , who did acquit him . i do not look upon this as a tryal by the house of peers , acting in their ordinary judicial capacity . there was some other court in those times in time of parliament , where the peers probably were the principal judges , but then were added to them some great officers of the crown , and of the judges of westminster-hall , before whom those pleas of the crown were held ; i confess this is to me terra incognita , a thing of which i can give no very good account . but i think one may affirm with confidence that no prelates were amongst them , for they would have been mentioned , if they had been there ; as in all criminal causes which were capital , or in any thing concerning such causes , i observe , they were : and even in this case of sir thomas berckley the next parliament , n. . it is said , ●…tem en mesme le parlement si prierent les prelatz , countes 〈◊〉 barons , pout mr. thomas de berkley a nostre sur le roy ●…il lui voustst deliver de meynprise , &c. item , in the same parliament the prelates , earls and barons besought the king that he would set sir thomas berkley at liberty from his mainprize . i do observe they are always named , and never omitted if any else be named , which is my postulatum to our asserter , and not as he injuriously would put it upon me , p. . of his pamphlet , that i should maintain , that the prelates are in all cases particularly named , or else they cannot be thought to be there , and then to disprove it , quotes a bill of subsidy , where the words are , les seigneurs & communes si sont assentez : the lords and commons have agreed : and semble as seigneurs du parlement : it seems to the lords of parliament ; and a hundred such instances more , i know , he may give : and the trifler could not but know that i could intend it of no other but of the matters in question , which were judgements in criminal causes . and i shall add but this more to shew the improbability of the prelates of those times being at all employed in tryals of that nature , and least of all , that we should imagine they could be comprized under general expressions , which if it were , would argue an unquestionable right and title in them to such a judicature . let us consider the statute made but two years before , it is e. . c. . which confirms a statute formerly made e. . c. . which enacts , that the justices of gaol delivery which are sent down into the several counties , when they enquire of felonies and murthers , if one of them be a clerk , then some discreet knight of that county shall be associate to him that is the lay-man , and shall deliver the gaol . we see how careful they were then that no church-man should take cognizance of matters of blood , canon law , common law , and statute law did prohibit it . and now to follow my gentleman to the parliament e. . in which he tells me , i have not been fortunate in the choice of my topick , because that parliament being called for the redress of the peace , and the bishops saying , it did not properly belong to them to give the king counsel for the keeping of the peace of the kingdome , signified nothing . but had they said it did not all belong to them , it had been somewhat to the purpose . but under this gentlemans favour , i think it is to the purpose , to shew that the bishops did then believe and acknowledge that it did not properly belong to them to look to the keeping of the peace , that it was not their proper work , which implies that they conceived their duty and employment to lie another way : and it is a strong argument à minore , that if they might not do that , and advise the king in doing what was necessary for the keeping of the peace , and punishing the breakers of it , much less could they be put upon it to judge in matters of blood. and for them to say that it did not properly belong to them , was a little softer , and more respectful to the king to excuse themselves from doing what he required of them for giving their advice , than if they had bluntly said , that it was not at all of their duty to give such advice ; which had grated a little too much , and had been a kind of retorting it upon the king for requiring a thing in it self improper and unreasonable . and yet they did as strongly put it off from themselves , saying , it did not properly belong to them ; for no prudent and sober man will do a thing that is not proper for him , nor can it be required of him , that he should . so i think my topick was very good ; and i may say i am not altogether unfortunate to have to deal with so weak and impertinent an adversary . what he saith in the case of sir john grey , and sir william de la zouch , of bishops , that they are sometimes comprehended under the general word of les grantz , i never denied it ; but in that place where the king did charge , toutz les countes , barons , & autres grantz en lour foies & ligeances , &c. all the earls , barons , and other great men , &c. i say that bishops cannot be comprehended there , because in that place it can be understood but of such great persons , whose rank is after the barons , where i am sure no clerk of the parliament durst ever rank the prelates . and another rule which i stand upon is , that if any one bench of the house of peers be named and specified , as that of earls or barons , that of the bishops ( if the bishops were present ) is never left out , but always first placed . the next scratch he gives me , is upon the case of sir william thorp e. . upon my inferring , that by the general term of the grantz in that parliament , who approved of the judgement of death given upon thorp , it cannot be supposed that the bishops are understood , because they tell the king , that if such a case should happen afterwards , the king might call any of those grantz whom he pleased , and by their advice , give such a judgement of himself , which i say could not be meant of bishops , because it was no employment for them to assist in judgements of death . upon this , my gentleman is pleased in good serious earnest ( as he scoffingly expresses it ) to ask , if this be not petere principium , to beg what i am to prove . and i answer in true serious earnest , that i do not petere principium , not beg the question ; for the question is first general , whether bishops in parliament can be employed in such judgements , and then particularly whether among the grantz of that parliament of e. . that affirmed that judgement against thorp , there were any bishops ? and i infer there was none , because they tell the king , that hereafter even out of parliament , if any body else offend in like manner , he may take any of them , that is , of those grantz that now give him this advice , to joyn in condemning him ; and by the law of the land , a bishop could not joyn , therefore there was no bishop amongst them : and that by the law , bishops and all clergy-men were prohibited , appears by the act of parliament of the second of that king which i mentioned before , confirming one to the same purpose made in edward the first 's time , that no clerk should be a justice of gaol-delivery for tryal of felons : this , i think , is not petere principium , to prove the true meaning of what was done at that time in the house of lords , by what the law of the land had already established , which must regulate what the house of lords then did , and doth shew there could be no bishops in the number of those grantz . then for what he saith of the commons charging michael de la poole before the king , prelates and lords , which was in r. . and parallelling his crime to that of sir william thorp , who for it was condemned to dye ; upon which he will infer that michael de la poole was charged with a capital crime , and accused of it by the commons before the prelates , as well as before the other lords , who gave their judgements upon it . he may examine the record , and he will find that the impeachment was only for misdemeanors , cozening the king in an exchange of land , when he was chancellour , and some other miscarriages of that nature : and it is the impeachment , which is in the nature of an indictment , that governs the tryal , be the crime what it will : as it is laid in the impeachment or the indictment , it must be so found upon the tryal , at the least it can be found no higher , less haply it may be : a man that is indicted for a misdemeanour , cannot be found capitally guilty . and though by a comparison , by way of aggravation , it was likened to thorp's case , michael de la poole made it appear there was no resemblance between them : and who will take pains to read the record of thorp , which i dare say this trifler never did , nor scarce any record ; will see that the ground of that judgement , which made it capital , was that himself had submitted to such a condition , when he took upon him the office of chief justice ; the words are , si sembla a eur le jugement sur ceo rendu resonable depuis qil se obligea mesmes per son serement a tiel penance fil feist alencontre : the judgement given upon it , seemed to them to be agreeing to reason , since he had bound himself by his oath unto such a punishment , if he did contrary to his oath . and i must say , it would go hard with a great many , if every one should be hanged that cozens the king. and it is a pretty remark of his upon sir john lee's case e. . that the record saying , that he was brought before the prelates , dukes , earls , barons , and some of the commons , &c. he observes , that if at this tryal any thing had been objected which had been capital , the bishops were present at it : and i say he might have made a truer observation than that , which is , that they might be well assured , that nothing capital was to be objected , because then the bishops would not have been present . and one thing i am sure is observable , which is , that the bishops , that is , the prelates are here recorded to be present , and to be ranked before the dukes , earls , &c. we are sure , if any be specified , they are , and still ranked in the first place . what my gentleman means , in what he saith upon the tryals e. . i understand not ; they are the cases of richard lyons , the lord latimer , william ellis , the lord nevill , and john peach , all these were only charged with misdemeanors ; he saith their crimes were great and hainous , and reckons the loss of forts among them , which he saith was a crime capital in gomenitz and weston , r. . and that i acknowledge the bishops to have been present at those tryals . but still this learned gentleman , who brags here that he will not suffer the world to be longer amused and imposed upon by my notions , doth himself still mistake the business , not well understanding the nature of the thing he treats of . otherwise he would consider that the tryal of a criminal person must always be pursuant to his charge ; which is a point i have already spoken to , therefore i shall say little here , only this , that the impeachment of the commons against those persons , was only for misdemeanors , their tryal was accordingly , and the bishops were present . and for what he saith of gomenitz and weston was clean another case ; it was for betraying those towns which they had undertaken to keep , when the force upon them was not so great : however , it is not material what their crime would appear to be upon proof , but what their charge was , and that was capital . then for what he adds of the bishops being comprehended under the general apellation of les seigneurs du parlement ; the lords of parliament ; in several cases which he there cites , which he beats upon over and over again , in so many several places of his pamphlet , and sets up like a man of straw of his own making , to make sport with , is what i never denied : my position is , that i have still observed in all tryals of crimes , when bishops could be present , it is so expressed that they were so , as in all crimes not capital ; and i do not think one instance can be given to the contrary . and my other position , which i affirm with more confidence , is , that if any of the other ranks of the lords be mentioned , the bishops are so likewise , or else it is a certain argument that they were not there . my gentleman is a little put to his trumps in the case of gomenitz and weston , r. . that is so plain , first , the commons coming and desiring , that such as had lost towns and castles by their own default , might be punished , per agard des seigneurs & baronage ; by the judgement of the lords and baronage : whereupon those lords commanded gomenitz and weston to be brought before them , and upon a long hearing , condemned them both to death : and the lords are particularly named , the duke of lancaster first , and ten more earls and barons by name , of whom roger lord clifford was the last ; and then a general clause , et plusours autres setgneurs , barons & bannerettes ; and many other lords , barons and bannerets . now this is so plain , and exclusive of all prelates , as my gentleman is forced to confess , that it seems doubtful to him who these lords were , whether the prelates , or the lords particularly named ; and plusours autres seigneurs , under which ( he saith ) very probably the lords spiritual might be comprised . i see a truth cannot come clearly from him , a thing that is most clear , he makes it doubtful : and one thing he saith most falsely , of a petition commanded to be read , numb . . en cest parlement per les prelates , & seigneurs , piers du parlement ; by the prelates , and lords , peers of parliament ; which petition he will have to be concerning this matter , which is most false . for that which is said numb . . is of a petition , and writ of error , presented by william de montague , earl of salisbury , which was then read , and nothing at all concerning gomenitz and weston ; which is a horrible falshood , and imposture of our asserter to abuse the world so , and impose upon the reader . the first request of the commons concerning this business , and to have this matter examined is numb . . and then numb . . there is mention of a schedule given in by weston , and the record saith , ueue & leue la dite cedule en plein parlement ; the schedule being seen and read in full parliament ; and any thing concerning weston or gomenitz before this , there is not : but some falshood he must still add of his own , for the jesuites verse is very applicable to him , verba damus cum nostra damus , quia fallere nostrum est ; et cum nostra damus , nil nisi verba damus . and indeed throughout his whole pamphlet he doth but verba dare , take verba , words , as in opposition to reality and truth , for it is full of falshoods ; or take words in opposition to matter and good sense , for his whole book is a very bundle of words , without any good matter in it . but one thing more i cannot but observe , it is his insisting so much upon a thing , which i am confident himself doth not believe , though i have known a teller of stories tell one of his own invention so often , that at last himself hath begun to believe it to be a truth : it is , that after the naming several lords , and ending with some barons , there is a general expression , ●…t plusours autres seigneurs , barons & bannerettes ; and many other lords ; barons and bannerets ; my confident gentleman hath the boldness to add , under which probably the lords spiritual might be comprised ; which he knows the prelates of those times , if they had been concerned in it , would never have endured , and the clerk of the parliament would as soon have eaten fire , as have entered it so . then in the case of the murtherers of john imperial , a publick minister , r. . because i observe , that it is expressed in the parliament ▪ roll , that the bishops were not present at the framing of the act to make it treason in them , which i grant , in other places of my letter they might have been , being to pass an act of parliament in a legislative way , my gentleman is pleased to say , that i forget my self : in truth no , i did suppose it , and do suppose it to be a good argument à minore , to shew that the prelates were then so modest , as to withdraw upon the passing of a law for the greater punishment of such a capital crime , which in strictness perhaps they did not need to have done , much more then would they avoid the sitting as judges to take away life in a judicial way , which they could no ways pretend to : but my gentleman loves to quarrel , and scribble paper , though to no purpose . to the case of sir ralph ferrers , r. . he only sings over his tedious plain song , that under the general word of lords of parliament , bishops may be comprehended , and therefore he will have it , that they must be so : and much good may it do him with his crambe bis cocta , i may say centies cocta , for i think he serves up this same dish a hundred times in this his learned treatise . but i may not let pass what he saith upon the case of the bishop of norwich , r. . how extream falsly he recites things , taking all upon trust , how this man or t'other man cites a record , but never seeing the record it self , which perhaps he cannot so much as read . he desires it may be taken notice of , that for those misdemeanors he was adjudged to make fine and ransome to the king , and that the judgement was passed upon him by the lords by assent of parliament ; where he saith , he hopes i will not deny but that there were bishops present , and for this sends me to cotton's abridgement , r. . n. . but if he would have looked upon the parliament roll he would have found this , perquoy del a●…ent des countes , barons & autres seigneurs temporelz presentz en ce parlement est assentuz & accordez que vous soiez en la mercile roy , & mis au fin & raunceon pur vostre malfait solonc la quantitée & qualitée dicell : therefore by the assent of the earls , barons , and other lords temporal present in this parliament , it is agreed and accorded , that you shall be at the kings mercy , and put to fine and ransome , for your misdeeds , according to its quantity and quality . you see now how this man would impose upon us , and what stuff he brings to make good his assertion : if i had been guilty of such a falshood , i should have heard of it to purpose , that both my ears would have rung again ; and no ink this gentleman could have got black enough to set it out in its colours . then he comes to the case of michael d la poole , r. where he saith the same things he did before , and which i have already answered , so to that i refer you . the next is the r. . where the prelates withdrawing from parliament , by reason of matters of blood , which were then to come into agitation , enter a protestation with a salvo to their right of sitting in parment , which my gentleman will have to be meant even of their being present at the agitation of those matters , if they were so pleased . this hath been treated of before at large already , to which i refer you ; i will only observe this further at present , out of the words of their protestation , first , they say , quia in praesenti parliamento agitur de nonnullis materiis , in quibus non licet nobis aut alicui eorum juxta sacrorum canonum instituta quomodolibet personaliter interesse , ea propter pro nobis & eorum quolibet protestamur , & eorum quilibet hic presens etiam protestatur , quod non intendimus nec volumus sicuti de jure non possumus nec debemus , nec intendit , nec vult aliquis eorum dum de hujusmodi materiis agitur vel agetur , quomodolibet interesse , sed nos & eorum quemlibet in ea parte penitus absentaxe : this they declare , that it is not lawful for them , nor any of them , by the institutions of the holy canons , to be personally present , and that of right they cannot , nor ought to be there , and therefore they do not intend in any sort , quomodolibet , to be present , but wholly to absent themselves , while those matters are handling . can any man now have the fore-head to maintain , that they could have a thought of challenging still a right , contrary to such prohibitions , and to say , that it was only the canon law that did prohibit them : i say still that the canon law was to them above all laws , and the prelates of those times conceived themselves to be above all other laws ; even not to be subject to them , but what the canon law did allow or forbid , was accordingly by them held to be most lawful or unlawful . the salvo they add , makes it clear , iure paritatis nostrae & cuju●…ibet eorum interessendi in dicto parliamento , quoad omnia & singula inibi exercenda nostris & eorum cuju●…ibet statui & ordini congruentia in omnibus salbis ; the right of our parity , and of every one of them ( that is , our equal right in the general , and of every one of us in particular , with the rest of the lords ) of being present and acting in the said parliament , as to all things and every thing befitting our state and order , always remaining unto us safe and entire . now i would ask , if it can be imagined , that they would , by way of protestation , reserve to themselves a liberty ( when they pleased ) to do what they said was not lawful for them to do , and that which of right , and according to the law to which they were subject and must obey , they could not , nor ought to meddle with ? and if such things can be thought to be statui & ordini congruentia , for their salvo extends only to such things as are agreeable to their state and order . indeed , i think it a solecism to have such a thought . and i know it will be excepted against , that i do take paritas here in such a sense , and not to be nomen apellativum , to signifie peerage , a rank of men ; but i consider how it is put , that it is paritas interessendi in parliamento , which in my opinion is proper to render a parity , or an equal right with others , to be present in parliament . but let them construe it peerage , it matters not to me , i have handled that point fully by it self in my former letter , and shall do it again in this before i make an end , to shew i am not afraid of that expression ; and though in those times the prelates gave themselves sometimes that character , that it did not at all belong unto them . and he beats upon this again , that this was left out purposely by me in my citing this protestation , which i have sufficiently cleared already amongst his postulata's , therefore i shall not trouble you with it again in this place . in the case of thomas haxey , r. . my gentleman is so ingenious , as to say , he believes the bishops were not present , but then he tells you why ; because it was an erroneous judgment , and an irregular condemnation , and so commends their prudence : and sure , he hath been with some witch to raise some of those prelates from the grave , as the witch of endor did samuel , to tell him the true cause why they withdrew themselves , and did then forbear to use their right , as he saith it is lawful for every man to do , else he could never have hit so pat upon the true cause of their withdrawing , whereas otherwise a man might say it was because they knew they had no right to be there ; and if it had been their right , they should the rather have made use of it , to prevent and hinder an unrighteous judgement , and have caused a righteous one to be given . and more than that , if it was their right , and that they had a calling to be there , they were bound to attend the service , and i think it would have been a breach of duty , and a sin in them to withdraw themselves from it . and now i come to a bundle of words indeed , it is what he says concerning their proxies , r. . out of which one shall have much ado to pick some sense , and what it is he would be at , i will do my endeavour in it . he first puts us in mind of his fifth postulatum , and of what he said there of the difference between the matter of a law , and the manner of its enacting , and that a law may be repealed for the matter of it , and yet the manner of making it still hold good . this i suppose he saith , because i except against the authority which that parliament , at the desire of the commons , gave the bishops to make their common procurator , in regard that whole parliament was afterwards repealed , and consequently all it did , made null and void . yes , saith he , the parliament was repealed by h. . because it condemned those who were his friends , as traytors to the king and government ; yet the proceedings in that parliament were just and lawful . to which i answer , that what was done that parliament , agreeing with the practice and usage of other parliaments , was certainly just for the manner of the doing , though the matter might be repealed , and made null : but what was never done before in any parliament , nor any thing like it , could not receive any stamp of authority for its being done in this parliament , because the parliament it self had no authority , a subsequent parliament repealing it , and making it as if it had never been : and this of all the bishops joyning to make a common proctor was never done in any parliament before nor since . if any should object , that henry the fourth was an usurper , and had no right nor title to repeal former parliaments , nor to make any laws . this were an objection if it should be allowed , would have a long tail , and carry a very bad consequence , for it would sweep away at once all the good laws that were made in three kings raigns , and would make such a hiatus in our statute laws , as would put things into a very great disorder . we know that in edward the fourth's time , which followed immediately after those three henries , in all the acts of parliament which passed , when mention is made of any thing done in those kings reigns , still what was done is allowed of , and confirmed , and to their persons and government , the parliament still gives this character , that they were kings indeed , but not of right . which implies the stamp of soveraign power and authority to be set upon all their actions , and so upon the parliaments that were summoned and held by them , and principally there , because of the concurrence and conjunction of the whole kingdome in all things there done . nay , in some acts of parliament we find care taken , that nothing should clash with what had been done in parliament by some of those kings , as e. . c. . there is a statute concerning breakers of truce , and a proviso in it , that this act shall not extend to any act or ordinance made h. . late indeed , and not of right , king of england . but still he is acknowledged king of england , de facto , which goes a great way to authorize any thing done under their power . therefore h. . c. . a law is provided to indemnifie all persons that shall do service to the king in being , whether he have right or no. as for what is said of the bishops making their common proxy , at the prayer of the house of commons , that their proceedings might be valid , and not questioned in future parliaments by reason of their absence , and that divers judgements had been reversed , because they were not present . it is true , it is so expressed in the roll of that void parliament , which as it hath no authority nor validity in it self , so it is very strange , that if there had been ground for this apprehension , there should remain nothing upon record in all the rolls of parliament , that ever any judgement , or any other act done in any parliament had been so repealed . we know it was once attempted h. . by thomas montacute , earl of salisbury ( as i told you in my former letter ) who brought his writ of error to reverse the judgement given against his father h. . because the bishops ( as he alledges there ) being peers of parliament , were not parties to that judgement , but it was declared to be no error , and his petition was rejected . and we know that in edward the first 's time , there was a parliament held at st. edmonds-bury , clero excluso , not a prelate admitted to it . and in henry the eighth's time all the judges of england declared it for law , that the king might hold a parliament with his lords temporal and commons , altogether without the lords spiritual . tout sans les spirituels seigneurs , it is in keilwayes reports , in dr. standish's case . therefore there is no reason to think , that any judgements were repealed upon the bishops being absent , seeing their presence is not of necessity for the constituting and sitting of a parliament . and especially not for the judgements which we treat of in capital cases , because by what appears upon record , and by all the laws , canon , common and statute law , they never were present , i always except that unparliamentary extravagant proceeding and judgement of henry the sixth , in the twenty eighth of his reign , upon william de la pool . our asserter tells us of some judgements reversed e. . particularly in the case of the spencers , but he doth not tell us where he finds it , nor i believe , doth he know himself , having only taken it up some where upon trust , as he doth other things . but in this r. . upon the petition of the earl of gloucester , it appears by the record of the proceedings against the two spencers , father and son , in that e. . which are there repeated at large , that there was nothing capital in their case , neither in the charge nor in the judgement , so as this signifies nothing to the matter in question , which is all can be said to it . and as little shall i say to his witty allusion of bringing me to a sight of my self , as alexander did his horse to the sun , that he might not kick ; only this i might say , if i were as foul-mouthed as he , that indeed such a scoffing injurious scribbler were fitter to be answered with a kick , than with fair reasoning by way of argument . next we come to the h. . sir william rickhill's case , where i think , i should do well only to transcribe what he hath written , to shew it needs no answer , but that i should waste too much ink and paper : i represented in my letter to you , that rickill being sent for into parliament , no formal charge being against him , to give an account only by what order he had taken the duke of gloucester's confession at calais , which he did , the bishops present ; but when they came to consider what was to be done upon it , then only the lords temporal were asked their opinion , which i alledge to shew , that the bishops there were not advised with , because it might be preparatory to a further proceeding by way of tryal : and this our asserter says , is to serve an hypothesis , and learnedly gives it us in greek , and bids the reader judge , and so do i. then for the tryal of hall , who was one of the murtherers of the duke of gloucester , he hath the condescension to acknowledge it probable that the bishops were not there , but then saith , that they left it to the temporal lords , without any impeachment to their right , it being secured before by the security of a confessed act of parliament , r. . it is their protestation he harps at . and if i had as much greek as he , i would say it in greek , that he now doth serve an hypothesis , or in good english , beg the question , for that is his meaning of serving an hypothesis , for the right which the bishops there saved , he will have to be , and hath forty times repeated it , to judge capitally when they please ; but i have clearly shewed it was not of their assisting in those judgements , as he still will have it to be , but other judgements and proceedings in parliament , where in truth they had a right to assist . then follows the case of william sautre , h. . where he is pleased to give me a wipe for stiling him the protomartyr of england ; and out of his great reading informs , that st. alban lived some hundreds of years before him ; but he must give me leave to inform him , that the common acceptation of martyrs amongst us protestants now , is of such orthodox persons as have suffered for the truth , whom the papists have put to death for hereticks , and this man was the first of them in england . he hath some other notable remarks ; one is , that whereas i said that the bishops and clergy of those times were the chief promoters of bringing him to his end , which i meant of their declaring him an heretick , and then turning him over to the secular power , he observes upon it , that then they acted in a capital case , which he saith makes against me : and that if it was the lords temporal who signed the warrant for his execution , that the bishops had no hand in it , and so have escaped my lash , but who were his judges , nondum constat , i am sure it doth not constare to me to what purpose he saith all this , which i do not find to make either for him , or against me . no more , than what he saith of the case of the earls of kent , huntington , and salisbury , h. . who he grants were declared and adjudged traytors by the temporal lords , and no bishops present , and then saith , he will give a parallel case , it is of the earl of cambridge , and the lord scroope , h. . where the bishops were present , and that i confess they might be so , because it was in passing an act of parliament to confirm their attainder . but my gentleman is mistaken , as he commonly is almost in all his assertions , for the cases are not parallel , the earls of kent , huntington and salisbury had no tryal , had not been legally condemned and attainted , but being taken in circester by the townsmen rising upon them , were by them in a tumultuary manner put to death , and the house of peers afterwards in a judicial way adjudged the fact of those lords treason , and them traytors ; and this was done only by the temporal lords , who are there particularly named . but the earl of cambridge and the lord scroope had been tryed , condemned and executed at southampton , and this judgement afterwards was brought into parliament , and there confirmed by act of parliam . where the bishops were , and might be present : but our asserter hath ill luck in all his allegations . and he will have as ill luck in what he saith to the earl of northumberland's case , h. . where i am sure he begs the question , and doth disputare ex non concesso , for whereever lords , or peers of parliament are mentioned , he will have the bishops to be comprehended , whereas those general words , as all other such , are to be understood secundum subjectam materiam : if it be in a case where the bishops are particularly by the law of the land , and the continual practice in the execution of that law excluded , and others are comprized under the same general expression , it must be understood of them only , and not of those upon whom there is such a bar . now they who will have the bishops to be peers , do not make them the sole and only peers , but allow earls and barons to be peers with them . but i do not allow them to be peers at all , our asserter will prove them to be peers by two records , mautravers case , e. . and their protestation , r. . i have already given an account of what is in mautravers case , the words are , all the peers , the earls and barons being met , &c. is it not ridiculous to expound this , that by all the peers is meant only the bishops , as if the dignity of the peerage did principally belong to them , that they should be peers sans queue , as the french denominate a thing that belongs to some particular person more properly , and in a more eminent degree , than it doth to any body else ? or is it not more rational , and indeed only so , to understand this expression to import that the earls and barons were the peers who then met , and that saying , all the peers , the earls and barons , &c. the earls and barons are an exegesis , an exposition of the foregoing general denomination of peers , so mautravers case makes nothing for him , but much against him : and as to their own protestation , r. . indeed they call themselves peers there , but that doth not make them so , i have spoken to this point already very fully , and sorry i am that i am forced to do it again , and to do it so often , but he leads me to it , who doth as the proverb saith , reciprocare serram , go over and over the same thing , as much as ever any man did , i think , and as often mistake . the force of my argument to prove that by the general appellation of the lords who protested against the kings delivering the earls petition to the judges , to have their opinion , and judged the fact themselves not to be treason , but a trespass , could not be meant bishops , because the record saith , sur quoy le dit conte molt humblement remercia le roy , & les ditz seigneurs ses piers de lour droiturel iugement : whereupon the said earl very humbly thanked the king , and the said lords his peers , for their right iudgement . now the bishops could not be peers to the earl , who could not try him nor be tryed by him , they being to be tryed only by commoners , and commoners to try them , if there be occasion , of which more shall be said afterwards in its proper place . i will here only observe one thing , that our asserter hath it instead of humbly thanked , humbly reverenceth the king ; which he takes out of the pamphlet that goes under the name of mr. seldens baronage , which i have ever looked upon as a spurious book , not made by mr. selden , who would never have so translated remercia , and being full of faults and falsehoods , yet this book , and sir robert cotton's abridgment , which hath likewise faults enough , are the chief oracles that he consults , and which do many times deceive him , as the ancient oracles did those who resorted to them . of as little signification is what he adds of the lords of parliament declaring the action of henry percy , who was killed at the battel of shrewsbury to be treason ; where he doth assure you the bishops were present , and you shall have his oath for it , i dare say , if you will : and how doth he prove it ? why , saith he , the arch-bishop of canterbury was present at the former iudgement , for in express words he prayed the king , that forasmuch as he and other bishops were suspected to have been of confederacy with henry percy , that the earl of northumberland would now publish the truth , whereupon the earl , by the kings command upon his oath , purged them all . and then learnedly argues , that here was no departure of the arch-bishop and of the other bishops concerned : and i believe him , for in truth here is a good proof that they were all present , but to be purged themselves , that they should not be thought criminal , not to act as judges , which is what our worthy asserter doth assert , and what he would have us think that he fully proves , which he doth more solito , that is cujus contrarium , &c. then my gentleman ( for he is an active gentleman ) makes an alman leap to the very end of the last leaf of sir robert cotton's abridgement , where he finds a marginal note of mr. prynn's to this purpose , that the three estates must concur to make a parliament , or richard the third's title would still be ambiguous ; and this he thrusts in here by head and shoulders , i understand not how to the present purpose , i think only to have the occasion to say , that mr. prynn knew better of records , and what plein parlament meaneth than i , and another whom he joyns with me , and twenty more such as we are , which i deny not , though he should add to the number , himself , and forty more who were no wiser than he , who all of them would not make our ballance two grains the heavier . then he comes to the case of the earl of northumberland , and the lord bardolph , h. . which , he saith , i say is like to that of the earls of kent , huntington and salisbury , h. . and that is true , for in both those cases , those lords after their deaths ( having had their lives taken from them in a tumultuary way , without any formal tryal ) the business being brought into parliament , were by the temporal lords , in a judicial way of proceeding , adjudged to be traytors , and their fact to be treason . but then he adds , that i likewise make the case of the earl of cambridge , h. . like to these , which is not true , being of a clean different nature , an act of parliament which had its rise from a request of the house of commons , who brought it up to the lords ; here , i say , the bishops were , and might be present . that which he saith to the case of sir john oldcastle , h. . is so threadbare with rubbing it over and over again , and hath been so often said , and so often answered , as that it would too much trespass upon your patience , sir , to trouble you with any one word of it more ; i think i have made it exceeding clear , where under the general term of lords of parliament , bishops may be understood to be comprehended , and where not . those particular cases which he now brings to prove his assertion , are point blank against him , that is the case of mautravers , e. . and of gomenitz and weston , r. . in that of gomenitz many particular lords are named , several earls and barons , and then a general clause , et plusieurs autres seigneurs , barons & bannerettes . is it possible to think that bishops come in that fag end ? indeed i do observe one thing in this case of sautre , which is not in any of the other ; i cannot say that i lay any great stress upon it , yet something it is , that the record expresses that the bishops had done with him , declaring him a heretick , and then relinquentes eum ex nunc iudicio seculari : leaving him from henceforward to the secular judgement , as if they should say , they would have no more to do with him . and as convincingly he argues in the case of sir john mortimer , h. . he confesses with me that the indictment found against him at the guild hall was brought into parliament , before the duke of gloucester , and the lords temporal , fuit liberatum , it was there delivered to them ; and then he cites a record ( as he makes it ) de advisamento dictorum dominorum auctoritate istius parliamenti ordinatum est & statutum quod ipse usque ad turrim ducatur ; by the advice of the said lords , it was ordained and enacted by authority of the said parliament , and by the advice of the said lords temporal , that he should be led to the tower : these are his words , and how he hath mangled , and falsely rendred and expounded the record , you will judge by the words of the record it self , which i will here faithfully set down . it is this , numb . . memorand . quod . die februarii anno praesenti de advisamento dominorum temporalium ac ad supplicationem communitatis regni angliae in praesenti parliamento existentiam redditum fuit quoddam iudicium versus iohan. de mortimer , de bishops . natfield in comitatu nertford chevalier , cujus quidem iudicii recordum patet in schedula per iohannem hals unum iusticiariorum domini regis de banco edita & praesenti rotulo consuta : memor . that the th of february of this present year , by the advice of the lords temporal , and at the petition of the commons in this present parliament , a certain judgement was given upon sir john mortimer of bishops-hatfield , in the county of hertford , knight ; the record of which judgement appears in a schedule drawn by john hals , one of the justices of the kings-bench , and fastened to this roll. then follows the schedule it self , where is set down what past at guild-hall upon the sinding of the indictment , and how that indictment was brought into the parliament , coram duce bedfordiae ac aliis dominis temporalibus ; before the duke of bedford , and the other lords temporal ; and how sir john mortimer was brought before them by the lieutenant of the tower , and how the commons desired the indictment might be affirmed , and that judgement might be given upon him : then follows , super hoc viso & plenius intellecto indictamento , per dictum ducem de advisamento dictorum dominorum temporalium ac ad requisitionem totius communitatis authoritate istius parliamenti ordinatum est & statutum quod indictamentum affirmetur , & praedictus iohannes mortimer de proditionibus praedictis sit convictus , ad turrim ducatur , usque ad furcas de tyburn trahatur , & super eas suspendatur , &c. hereupon the indictment being viewed and well understood , it was by the foresaid duke , by the advice of the said lords temporal , and at the request of all the commons , ordained and decreed that the indictment should be affirmed , and the foresaid john mortimer stand convicted of his foresaid treasons , should be carried to the tower , then drawn to the gallows at tyburn , and there hanged , &c. this was a judgement of the house of peers in their judicial capacity , upon an impeachment , and at the pursuit of the house of commons , who prosecuted and pressed the evidence before the lords ; the words of the record are , tota communitas praefatum indictamentum illud in omnibus fuxta vim formam & effectum efusoem pro vero & fideli indictamento affirmat , ac praefatis duci ac aliis dominis temporalibus supplicat eadem communitas quatenus iidem dux & domini indictamentum praedictum pro vero & fideli indictamento affirmare vellent , & quod executio dicti iohannis mortimer ut de proditionibus & feloniis convicti fiat ; the whole house of commons do affirm the foresaid indictment to be in all points for the force , form and effect thereof , a true and legal indictment , and that execution of the said john mortimer , as of one convicted of the said treasons and felonies may follow . this you see was a formal tryal in all points , and a judgement upon it , and so it is entred upon the roll , such a day , februarii de advisamento dominorum temporalium ad supplicationem communitatis redditum fuit quoddam iudicium versus iohannem de mortimer , &c. and our asserter here tells us a tale of a tub , that the matter should be decreed after by authority of parliament , of which the bishops are an essential part , and therefore were present , which is an excellent chimae●…a , as if the advisamentum dominorum temporalium , & authoritas parliamenti , were two distinct things , and the work of several persons , some actors in the one who were not so in the other , and that the advice of the lords temporal had produced some other things which had a greater authority , and that the bishops had joyned in that , which shews his ignorance in the course of parliaments , for the judgement which is given judicially in the house of lords hath upon it the stamp and the authority of the whole parliament , and that advisamentum of the lords temporal here , was the judgement , as is the advice and assent of the lords spiritual and temporal , and of the commons in parliament in the passing of an act of parliament , for when a thing is said to be enacted , by the king , with the advice and assent of the two houses , that advice and assent of the two houses is their passing and enacting of it , as to their part in it : for any thing that is done in either house , if the king be mentioned in it , is said still to be done by him with the advice and consent of that house , so in a judgement judicially given by the house of peers ( where anciently the king was often present , when they acted judicially ) it is said to be given by the king , by the advice of his lords , and here the duke of gloucester represented the kings person , and held the parliament by special commission ; so the judgement is said to be given by him , by the advice of the lords temporal . and so the lords h . . when the king of himself gave the judgement upon the duke of suffolk , the lords protested against it , because it proceeded not by their advice and counsel : for that is it which gives the form and being to the judgement , and stamps upon it the authority of the parliament . then he comes to a precedent without debate , as he calls it , which is that of h . . the duke of suffolk's case , and confessed so by me , as he saith , but not truly . for i do not allow it to be a just and legal precedent . i do acknowledge that the bishops were present all along the whole transaction of that business , but as i said in my first letter to you , so i must and do say in this , there was in it from the beginning to the end nothing regular , nor according to the usage and practice of parliaments : then it cannot be said to be a precedent , no more than a monster , that hath no shape nor limb of a true child , can be said to be a child . as for the particular deformities of this monster ( for so i may term it ) they are already so fully deciphered in my former letter , as i will not now trouble you with them again : so it shall pass at this time as he will have it , for a precedent without debate , for it shall not be any further debated . only i must say still , it is but a single precedent , and of what force that is , or can be , when the constant course and practice of parliaments hath been to the contrary , i leave it to you to judge : one single precedent against all other parliaments , is an unequal match one would think . i have heard of a great conquering prince , that gave it for his , motto , souls contra omnes , but i have not heard it said so of a parliament , solum contra omnia . the authority of any one parliament i know to be very great , yet it is a known maxime in the law , parliament poit errer , a parliament may err ; and another parliament may mend what one doth amiss ; parliament-men are men , and may , and do sometimes mistake as well as other men ; it is possible they did so , h . . and more than probable they did so , because no other parliament before nor since , did ever do the like . and for his recapitulation of all the fore-mentioned records , in all twenty seven , which he makes to prove that this was not a single precedent , as i affirm it to be , all the rest ( as he saith ) concurring with it , to admit bishops to be judges in capital cases , i will only say , sit liber iudex , resort to the records themselves , and to what is already said in my former letter and this , and then judge if he saith true . then he hath a fling at me for what i say upon the case of nicholas de segrave , e. . where he must give me leave to say with truth , what he saith falsly of me upon several occasions , which is this , that he hath not set down things faithfully and ingenuously . he saith segrave came into full parliament into the presence of the king , the arch-bishop of canterbury , and several bishops , earls and barons , acknowledged his offence , and submitted to the kings pleasure : upon this he observes , that here was no iudicatory of parliament ; and then adds , that the king pardoned him , de advisamento comitum , baronum , magnatum , & aliorum : by the advice of the earls , barons , nobles , and others . you shall see now how faithful and ingenuous a dealer our asserter is , but certainly he takes all upon trust , and takes not the pains to see any thing himself . first , i do acknowledge it was no formal tryal , for there was no impeachment nor indictment against him , but i must say it was tantamount , for he comes in upon summons into the parliament then sitting , where the prelates were among the rest of the members of the house , and how long they continued there , it appears not by the record , but he being come , nicholas de warwick , the kings councel , charged him , and pressed matters against him . and then the king , as the record saith , willing to have the advice of the earls , barons , nobles , and others of his counsel , enjoyned them upon the homage , fidelity and allegiance which they owed him , to give him faithful counsel , what punishment was fit to be inflicted upon such a fact so confessed : who all of them upon a serious debate , and advising upon the matter , and well weighing all the particulars of it , and what was by the said nicholas plainly and expressly acknowledged , do say , that such a man deserved to lose his life . but afterwards the record saith , dominus rer tamen de gratia sua speciali pietate motus , malens vitam quam mortem eorum , qui se voluntati suae submittunt , remittit eidem nicholao iudicium vitae & membrorum . but the king moved by his special grace and piety , desiring rather the life than the death of those that submit to his will , did remit unto the said nicholas the judgement of loss of life or member . here you see the king advised not with his prelates , but with the earls , barons , and other nobles , and what did they advise ? not to pardon him , as our asserter will have it , but they say he deserved death , and then the king of himself would not have it go to that extremity . now whether this judgement would have been final , if they had pronounced sentence , and adjudged him to death , as they only said such a man deserved death , or whether this was only to be preparatory to a tryal , and to proceed afterwards upon a formal impeachment ; i confess it is not clear to me , nor is it greatly material to our purpose , only it shews the bishops were to give no advice in it one way or other ; and it is rather stronger to prove they are not to meddle in such matters , if it was but preparatory : for it shews that in those capital cases they must have nothing to do with them to determine and judge any thing concerning them , from one end to the other , ab ovo usque ad mala , as the saying is , neither in the judgement it self , nor any thing leading to it . so he comes to the arch-bishop becket's case , where he notably spends his mouth , but like an ill hound , all upon false hunting , and indeed runs riot so far , as he is not to be lashed in : he fills several leaves of his book with encomium's of the popish clergy , because some of them sometimes did what it was their duty to do , which doth not excuse them in the general current of their proceedings , commonly to stand for the authority of the pope , and the see of rome , against the regal power , and the authority of parliaments , as they did r. . saying , they were sworn to the pope , and to that see , and they would oppose whatever the king , and the temporal lords should do . en restriaion del poair apostoliqué ou derogagation de la libertoe de saina eglise ; in restraint of the power apostolick , or derogation of the liberty of holy church . so he takes much pains to assert the kings natural right to command his subjects to serve him upon any emergency , and so to make clergy-men justitiaries , if he see cause for it : which then gives them power of judicature , and i do acknowledge it , but it is to be understood of judicature in such cases as the law of the land allows ; we know they have been some of them lord chancellours , lord treasurers , lord privy seal ; but can he shew me , that any of them judged in cases of blood ? for this case of beckett's is certainly misrepresented in fitz-stephens manuscript . we know there have been heretofore in many counties , justices of assize , which have been clergy-men , joyned with others in commission , who were not clergy-men , to take assizes in the county : and the act of parliament , e. . c. . coming to give power to those justices of assize to deliver the gaols , and so to be made justices of gaol-delivery , and try felons and murtherers ; it provides , that if one of them be a clerk , then one of the most discreet knights of the shire shall be associated to him , that is a lay-man , and be empowered by the knights writ to deliver the gaols of the shires , and chasten and punish whom they shall find to be guilty . and this statute is confirmed , e. . c. . which makes it manifest what the intendment of the law is in that particular , that clerks must not meddle to judge in cases of blood , and must hold good even for bishops , who are all of them clerks . as for this case of beckets , which only stands upon the credit of a manuscript , said to be made by fitz-stephens , a monk , whom he characterizes for a sober and grave historian , and more solito , out of the sweetness of his nature gives me a lash , saying , it is usual with me to let fall expressions to vilifie testimonies and precedents when they make against me ; and this because i stile it a blind manuscript , and suspect the author as partial , having been a creature of beckets , and consequently no friend to the king. and therefore i give rather credit to the unanimous consent of the historians of those times , who do not relate the passages of that tryal to be as he makes them , than i do to him and his manuscript . i call it a blind manuscript , because it sees not the light , lyes obscure in some bodies closet , mr. selden doth not tell where , and i dare say our asserter never saw it , though he terms the author a grave historian . his tale is , how at that great council at northampton , archiepiscopus laesae majestatis coronae regiae arguitur , quia est a rege citatus pro causa iohannis , neque venerat , neque idonee se excusasset , &c. the arch-bishop is questioned for treason against the crown of the king , because he was summoned by the king in the cause of john ( that is one john the marshal , who complained that the arch-bishop had done him injustice in his court ) and he neither came , nor had sifficiently excused himself upon sickness , or any other just reason which might necessarily hinder him , whereupon he was condemned to forfeit his personal estate , and the bishops and barons not agreeing who should pronounce the sentence , they putting it off from one to another , at last the king commanded the bishop of winchester to do it . this is his story , and one may think it a strange piece of treason , one not to come immediately upon a summons to attend the king , especially if it be true what all the historians that write of those times have related of this business . gervasius dorobernensis is an author , as mr. selden observes , who lived in that age , and one of whom mr. selden , and all antiquaries ( we are sure ) have a good opinion : and though our asserter is confident enough to affirm they all have so of fitz-stephen , it is of what i do not find , that much hath been said by them to shew that , nor do i think that any of our antiquaries , but mr. selden , doth so much as mention him : and from gervasius dorobernensis , we have this relation , rex praecepit praesules & proceres regni apud northamptoniam una cum ipso archiepiscopo convenire , &c. the king commanded the prelates and nobles of the kingdome , together with the arch-bishop himself , to meet at northampton , where the arch-bishop was accused of many things ; first , that he had not fully done justice to one john that had a suit before him ; then that upon this occasion being called into the kings presence , he neglected to come . to this the arch-bishop made answer , that john had all the justice done him that was due to him , that he had illegally defamed his court , that he would not swear upon the evangelists , as the custome is , but upon an old song-book which he brought with him . but that being upon this summoned , he came not into the kings presence , was not upon any contempt , but that he was hindred by a great sickness , and that he had excused himself by two competent witnesses whom he had sent for that purpose ; yet this served not his turn , but curiali iudicio & episcoporum consensu condemnatus est ; he was condemned by the iudgement of the court , the bishops consenting to it , that all his personal estate should be at the kings disposing . this now is delivered unto us by an unquestionable known author , who lived in that time . fitz-stephen and he agree in the matter of the accusation , and agree in the judgement , but fitz-stephen lays it to be crimen laesae majestatis coronae regiae , high-treason , which must be for not coming to the king when he was summoned : gervasius saith , that he sent his excuse by two witnesses , who testified that he was then very sick , and not able to come , which we all know to be a lawful essoine , de malo lecti , which cannot be disallowed , but must excuse , nay , justifie any bodies absence . now can any body that is master of common sense , believe fitz-stephens relation , who will have this to be a capital crime , high treason , and a capital proceeding upon it ? we see the sentence was far from capital , and could not have been such as it was , if the crime had been laid in the accusation to be high treason . roger de hoveden in his relation of this business , makes no mention of treason , he saith , that the king calling a great council at northampton , taedium magnum fecit archiepiscopo , did a thing which much vexed the arch-bishop , which was , that he caused his horses to be put into the arch bishops inn , whereupon the arch-bishop sent the king word , that he would not come to the council till his inn was cleared of those horses ; yet upon the second day of the meeting , the arch bishop came into the chapel where the council sate , and there desired the kings leave , that he might go over into france to visit pope alexander who was then there , which the king denied him , and said he should first answer for the injustice he had done to john the marshal , in his court : this john having complained to the king , that he had had a long suit in the arch bishops court for some land he held of him , and could have no iustice , and that thereupon , curiam archiepiscopi sacramento falst ficaverat secundum consuetudinem regni : he had , according to the custome of the kingdom , upon oath charged the court with wrong doing ( which i take to be a protesting against the proceeding of that court , and the judgement there given , in the nature of a writ of error . ) the arch-bishop answered to this , that john had no injustice done him , and that he brought into the court a certain strange book , and would swear upon that ; how for want of iustice , he left my court , which the officers that kept my court , looked upon as an injury done to me , because it is the law of the kingdome , quod qui curiam alterius falsificare voluerit , oportet eum jurare super sacrosancta evangelia : whoever will so charge a court with false dealing , must take his oath upon the holy evangelists . notwithstanding this , the king swore he would have iustice done upon him . et barones curiae ; and the barons of the court gave iudgement on him to be at the kings mercy : which iudgement the arch-bishop going about to reverse , ( iudicium illud falsificare , is the expression ) he was perswaded by the barons to submit himself to the kings mercy for a fine of five hundred pounds . here is nothing in all this that can possibly infer any thing like treason . and it is something observable , what both these authors say of the judgement given ; gervasius saith , curiali iudicio & episcoporum consensu condemnatus est ; as if the part of the bishops in this judgement were something differing from the act of the court , and not comprized in it : hoveden saith , barones curiae regis judicaverunt eum ; as if the bishops had no hand in it at all . radulphus de diceto decanus londinensis , i suppose dean of pauls , who lived in those times , mentions this business , he saith , that the arch-bishop was questioned upon john the marshals complaint , and fined l. and that he was questioned likewise for moneys received by him , when he was chancellour , for some bishopricks and abbies , of which he had received the profits , during their vacancies , and that not finding the bishops to be his friends , he appealed from their judgement , but then the proceres , the nobles , though he appealed from their judgement likewise , yet they in eum nec confessum nec convictum , sententiam intorserunt : they wrested a iudgement against him , though he confessed nothing , nor was at all convicted . you see here is not a word of treason laid to his charge , nor nothing capital , or any thing towards it . matthew paris tells you the same story , and almost in the very same words . now let any man judge , whether all those historians concurring , or single fitz-stephen disagreeing , deserves more credit : and that which hath greatest weight with me , is the argument drawn ex natura rei , the crime which all agree that the arch-bishop was charged with , was his not appearing upon the kings summons , which without a great and a very false multiplying-glass , cannot appear to be any thing like treason : so i must conclude , that since the charge against him had nothing of capital in it , the proceedings upon it was not as against a capital offender , not brought to tryal as a prisoner , but came in upon a bare summons , and tarried there , and returned at full liberty , the judgement neither of loss of life nor limb , but meerly pecuniary , and , as some of the authors say , compounded with for five hundred pounds : i must i say , conclude , that this whole case is nothing to our purpose , and neither the law nor usage of parliament did bar the bishops from being personally present at such a tryal . and now i come to the point of peerage , which i have so fully handled in my former letter , as i think i need not say much in this . our asserter brings three arguments to prove them to be peers : the first is , that it is the general stile of all parliaments from the beginning , to be generale concilium cleri & populi , even before the coming in of the normans ; which no man denies . the businesses of the church , as well as of the civil state are there determined ; the writ of summons shews it , which saith , that the king intending to call a parliament , pro quibusdam arduis negotiis nos statum & defensionem regni angliae & ecclesiae anglicanae concernentibus . bishops and temporal lords are summoned , and heretofore several others were summoned as bannerets , and sometimes other persons of quality who likewise were not peers , and yet were called to the parliaments as pleased the king ; and the judges are so summoned at this day , super dictis negotiis tractaturi consilium suum impensuri . where the bishops act as bishops , and what by the law of the land , and the practice and usage of parliaments they ought to do , that they do , and may do ; the temporal lords in like manner , and so likewise the judges every one acts in his sphere ; but this neither gives the bishops power to judge in capital causes , if otherwise it be prohibited them , nor doth it make them peers , no more than it did formerly the bannerets , and others , for their being summoned to sit and vote in the house of peers : we had the experience of this the last parliament , a baron pretending to a much ancienter station among the peers , by proving that his ancestor had been summoned by one of our former kings , to sit more than once in the house of lords , yet not making it appear that that favour had been still continued to him ; and it being made appear on the other side , that several families in this kingdom would have the same pretence upon the like ground , it was the opinion of the house , that he had no right to it ; and consequently that his ancestor was never acknowledged to be a peer os the realm , and his blood enobled , which otherwise would have descended from him to his posterity , and to this present baron , who is since enobled by a later creation , but takes nothing from that ancestor . so then it is clear , that sitting in the house of peers , and having a parity of vote , and enjoying many of the same priviledges with the peers , doth not in true and proper speaking , make the bishops peers ; no more than r. . sir thomas percy sitting with the peers , and voting with them , as procurator for the bishops , was thereby a peer . his next argument is , that in several rolls of parliament they are expressly called peers , which cannot be denied , nor doth that make them peers , if the essential parts of peerage , be wanting to them : we know that denominations are many times taken up in a large and improper sense , for some circumstances , some similitudes , something which is extraneous unto them , yet wherein they agree with things of another nature : and so bishops having place and vote in the house of peers , and joyning with the peers of the realm , sitting in parliament , in all things , with equal power uno excepto , saving only in cases of blood , it is no wonder if they are often stiled peers of parliament . but the precedents he cites , are falsly recited both in the case of mautravers , and that of gomenitz and weston , as i have shewed before . his third argument is , that they have judged as peers , upon peers of parliament . but i deny that they judge there as peers , but as called to the parliament , to be members of the house of lords , as bannerets were formerly , and many principal gentlemen who were still commoners , and some officers , as the warden of the cinque-ports , who was no peer sometimes , and yet summoned up to the house of lords , and all these judged such peers as were tryed in those parliaments in which they sate . however , that bishops are not peers of the realm , and so consequently not properly and truly peers of parliament , though often called so , i think will be clearly made out . first , i must , as i have formerly done , insist upon the great charter , which sir edward cooke saith , is declaratory of the principal grounds of the fundamental laws of england , and which the statute made e. . confirmatio chartarum , will have to be observed as the common law , and all judgements given against it , to be undone and holden for nought , this law is certainly to be obeyed , and what is done in observance of this law , is most legal : and it enjoyning every man to be tryed by his peers , and bishops being tryed by a jury of commoners , commoners are their peers , and they are peers to commoners , and not peers of the realm : peers per eminentiam , as i may call them , or else magna charta is broken , and made a law of no authority . . to be a peer of the realm , their blood must be enobled , and their persons dignified ; nor can they otherwise be put into the same rank with those who are so , which would make but an ill accouplement , and they would never draw well together . now bishops do not sit in parliament ratione nobilitatis , but ratione officii , as stamford saith in his pleas of the crown , p. . en respect de lour possession se launcient baronies anneres a lour dignitées : in respect of their possessions , viz. the ancient baronies annexed to their dignities . . if they were peers , and their persons enobled , their wives would be noble , and have the priviledges of peeresses , being married or widows , for husband and wife are one person in law ; but we know they have no such priviledge , which shews their husbands to be no peers . . if bishops were peers of the realm , and any of them questioned for a capital crime in parliament time , they could be tryed and judged only by the house of peers , and by no other court of judicature . the lords could not avoid the trying of them themselves , indeed any but peers they may refuse , except it be upon an impeachment by the house of commons , for then they must retain it , and proceed in it , but not otherwise , except they see some great cause for it , pro bono publico , as it is r. . when the commons desired that no suit between party and party should be undertaken , and determined by the lords , or the officers of the council , but that the common law might have its course , except it be in such a business , and against so great a person as one cannot else hope to have right done in it : the same is confirmed h. . which i alledge to justifie the judicature of the house of lords , upon those who are not their peers , upon special occasion : but for trying of their peers is a duty incumbent upon them , which they must perform ; and any peer who is questioned , may challenge it as his right , and it cannot be denied him . and therefore e. . when they had , upon the kings earnest pressing them , tryed and condemned sir simon de bereford , sir iohn mautravers , and other commoners , they make a protestation , that they nor their successors , ne seroient mes tenus ne charges a rendre iugements sur autres , que sur lur piers : should not be bound nor charged to give iudgement upon any but their peers . but we know that they have sometimes turned off bishops to inferiour courts , as appears by the record of it in the exchequer , the same e. . stephen gravesend , bishop of london , was complained of in parliament , by one iohn de wymburne , for saying , that if edward the second was yet living , as he was informed he was in corf-castle , he would assist him with all his power , to re-establish him in his throne . sir edward cooke saith , that by order of parliament the matter was referred to be tryed in the kings-bench , but the record saith , that the parliament referred it to the kings council , and appointed him to appear before them at woodstock upon sunday fortnight after easter , and that they turned him over to the kings-bench to be tryed by the chief justice scroope , and his fellow judges . whereas had this bishop been then accounted a peer of the realm , he must have been tryed in parliament ; the parliament being once possessed of his cause , and they could not have referred him to any other judicature . so here you have four essential parts of peerage all of them wanting in bishops , and the want but of one essential part is enough to destroy the whole . he can be no peer of the realm who is at the kings sute capitally tryed by a jury of commoners , if magna charta be good law , which is our all as we are free-men . secondly , he who is not himself enobled , cannot be a peer in equal rank to one that is : for all peers are equally peers , as we may say , peerage doth not recipere magis & minus . the meanest baron is as much a peer as the greatest duke , else they were not peers , it would be contradictio in adjecto , an imparity in a parity . thirdly , if the husband be enobled , the wife must be so ; but the wife of a bishop is not enobled , therefore the person of her husband is not , for the wife and the husband are one . fourthly , if a bishop were a peer , he could in parliament time be tryed no where but in the house of peers , but matter of fact we find to be otherwise . therefore , i think , i may safely conclude that bishops are no peers . but before i leave this point , i must answer one thing which is said , they say , they hold by baronage , and therefore they are barons , as fitz stephen makes the bishops in their altercation with the temporal lords about the pronunciation of the sentence against the arch-bishop , saying , non sedemus hic episcopi , sed barones : nos barones , & vos barones , pares hic sumus : we sit not here in parliament as bishops , but as barons ; we are barons , and you are barons : here we are peers . fitz-stephen's authority signifies nothing to me ; but this i know is said , and believed by many , therefore it must be answered , to disabuse many , who may think , that holding by barony creates a baron , which it doth no more , than holding by knights service , makes a man a knight , or holding by villanage makes a man a villain , which many do to this day , even but here at east-barnet , and yet are good free-men and no villains , for it works not upon the person , as fleta saith , l. . c. . the service they do , is ratione tenementi non personae . so the bishops holding per baronagium , are thereby made subject to do the service of barons , and to obey the kings , writ of summons to attend the parliament , which makes them lords of parliament ; but affects not their person . the bishop of the isle of man is a bishop as well as any of the rest , first instituted by pope gregory the fourth , as sir edward cooke saith ; but not holding by baronage , hath no place nor vote in parliament . we must know that this tenure by baronage was first created by william the first , of all the lands which held of the crown in capite , consisting of so many knights fees , these lands were divided , some to lay-men , some to ecclesiastical persons : and these were all bound to certain services , though not all to the same , and among others , all to attend in parliament , whenever the king pleased to summon them , and so became lords of parliament . this continued so till king iohn's time , when the number of the temporal lords growing so great and numerous , that king made some alteration , which certainly was setled and confirmed by parliament , but justly the time when this was done is not known , the record of it being lost . the alteration was , that none of the temporal lords should come to parliament but such as received the kings writ , a particular summons for it . these were called barones majores ; those who were not so summoned , and so did not come to parliament were stiled barones minores , and were still feodal barons as before , and held their lands per baronagium , but were not lords of parliament . therefore it was not barely holding by barony , which made the person a baron even in those times , there was an act of the kings requisite even in the summoning of him to parliament , to make that honour to affect and enoble the person , and so to fix it , and make it hereditary in the family ; which way of dignifying a person continued till the eleventh year of richard the second , when iohn de beauchamp , steward of the houshold , was first created by patent , baron of kiderminster , since which time it hath still been practised to make them all barons by patent . but the bishops have still continued upon the first institution of being by their tenures obliged , and accordingly summoned to attend in parliament , which made them lords of parliament , but not peers of the realm . and now i come to his last point making them a third estate , for which he cites the bill presented to richard the third in his first parliament where they are made so , and to this i can oppose other passages in parliament clean contrary , as that h. . where the temporal lords and they together , are made to be one of the three estates , and other instances may be given of the same nature : but let us a little consider how that bill was framed , r. . it was first devised by certain lords spiritual and temporal , and other nobles , and notable personages of the commons , a party picked out and chosen for that purpose , who presented it in the behalf , and in the name of the three estates of this realm of england ; and what was this to do , to declare edward the fourth to have lived in adultery with dame elizabeth gray , whom he had married , being precontracted to dame ellianor bottiler , daughter to the earl of shrewsbury , and consequently all his children , bastards , edward the fifth a bastard , and elizabeth his sister , a bastard , afterwards married to henry the seventh , which entituled him and his posterity to the crown , set an end to all the foregoing competitions , and setled it as it is at this day , this bill , as the record saith , was first presented and delivered to their soveraign lord the king , that was to r. . whom they made so in the name and on the behalf of the said three estates , out of parliament , and now by the said three estates assembled in parliament , ratified and confirmed . and truly , i must say , this is not an authority to be bragged of , for making the bishops a third estate . but then let us see if the bishops sitting in the house of lords , have the necessary and essential qualifications of being a third estate in parliament , without which they cannot be a third estate there : that the clergy is one of the three estates of the realm , and they the principal and chief of them , no body denies : and that they are summoned to parliament as a third estate of the realm , the dignified clergy personally , others of the inferiour sort by their procurators and representatives , is likewise confessed ; but not to have any part in making of laws for the good government of the kingdom , no not so much as in matters meerly concerning the church ; but they may offer and propose and be consulted with , but whatever they agree upon must come to the two houses of parliament , and receive the stamp of their authority , before it can be presented to the king to become a law , and be binding to the people : this is the work of the convocation which meets at the same time with the parliament , and there is convened the third estate of the realm ; where the bishops make the upper house . and there sit as bishops according to their spirituality . but their summons gives them another capacity , which is to meet in the house of lords , and there cum caeteris praelatis , magnatibus & proceribus regni de arduis negotiis statum regni & ecclesiae specialiter tangentibus tractare & consilium impendere ; and thither they are obliged to come and attend by their tenure of their baronies , where they sit in their personal capacity , to do the service which they owe for the lands they hold of the king. now we will consider , if being there upon such an account , it can any ways stand with reason , and the nature of a third estate , to esteem them to be so . . to represent the body of the lesser clergy , as our asserter will have them to do , who else , he saith , would be in a worse condition than the meanest clown , having no body to represent them in giving aids and subsidies ; first , i say , that as subsidies were heretofore given in parliament , which was the ancient parliamentary way of supplying the necessities of the crown and government , where the convocation gave the supply of the clergy , the bishops as members of the house of lords , had nothing to do in it , but as members of the convocation they had , and the representatives of the lesser clergy , who were chosen by them , and made up the lower house of the convocation ; they gave their consents , and joyned in that gift for the whole body of the clergy ; the two houses of parliament did only ratifie and confirm what the convocation had done , and therefore only the beginning and the end of that act of subsidy given by the clergy , not the body of it , was openly read in the several houses of the lords and commons . so r. . the commons having offered to give an aid , so as the clergy , who enjoyed a third part of the realm , would pay one third part of the summ ; the clergy answered , that they were not to grant any aid by parliament , but of their own free wills , and therefore willed the commons to do their duties , and they would do theirs . this was the ancient way of granting supplies in parliament , where you see the lesser clergy had their representatives , which it seems our asserter did not understand , and so no wonder if he did mistake , as he commonly doth . and this i must say further , the lesser clergy , as he calls them , are little beholding to him , to have them to be represented by bishops , having no hand in the choice of them : this i am sure , puts them into a meaner condition than the meanest clown , who if he have but s. free-hold , gives his voice to whom he will to represent him in parliament , to give his assent to part with his money , and to make any law to bind him . of later times they have taken up another way of granting publick supplies , which is of so much in the pound , which they call a pound-rate , and this brings in the clergy to pay their proportion , who are now as busie as any in electing of members to parliament . in a word , none can represent another in parliament , that is not chosen by him ; every particular person that hath right of vote , being included in the majority of vote : so the whole clergy , being the third estate of the realm , and the bishops not being chosen by them , they cannot represent that third estate . . the bishops sit not in the house of lords ratione spiritualitatis , as was the opinion of all the judges of england , h. . in keilway's reports , in dr. standish's case . les spiritual seignieurs nont ascun place en ●…e parlament chamber per reason de lour spiritualtie mes solement per reason de lour temporal possessions : the lords spiritual have no place in the parliament chamber by reason of their spiritualty , but by reason of their temporal possessions . how then can they be said to be there a third estate , to represent the clergy of england , when they sit not there as clergy-men ? . if they be a third estate , they must have a negative voice to whatever is proposed in the house , if the majority of their opinions be against it . and for our asserter to say , that the custome , and so the law of the parliament is otherwise , and that the two estates of the lords temporal and spiritual make but one house , where they vote intermixedly . why , this shews they are not two estates , because they do vote intermixedly , for if they were so , they must vote severally , and not be twisted so together as they are , as i said before in my former letter , like a nest of boxes one within another . and think what a disparagement it would be to the house of lords , that two estates must be clapped together , to make them equal to the one estate of the house of commons . . if the bishops were a third estate , the parliament could not act as a parliament without them , for a parliament is composed , and must consist of three estates , and nothing is binding but what is so passed . but we know that in edward the first 's time , there was a parliament called and held clero excluso , and laws were there made , when none of them were present , and many acts have passed in several parliaments , when the bishops have all voted against them . the judges in that of h. . deliver their opinions for law : due nostre sur le roy poit assetz bien tener son parlement per luy , & ses temporal seigniors & per ses commons , tout sans les spirituals seigniors : our lord the king can hold his parliament himself with his temporal lords , and his commons , wholly without the lords spiritual . these , and many other reasons , confirm me in my opinion , that bishops are neither peers of the realm , nor a third estate in parliament , yet they might be both , and not invalidate my position , which i at first undertook to prove , which was only this , that by the practice and custome of parliament , and by the law of the land , bishops are prohibited from meddling in parliament as members of the house of lords in any tryal of a criminal person , where the charge , the proceedings , and the sentence upon it is capital , and goes to the loss of life or members , only one precedent excepted , that extravagant one of h. . and my good friend the asserter who hath almost as many errata's as lines in his book , must give me leave to summ up all my corrections of them in one distich , as martiall did those of his friend fidentinus ; such another fidentinus , it seems , as our asserter ; and it was this , emendare tuos o fidentine libellos multae non possunt , una litura potest . and i must say the verse doth not better quadrare with the product of his brains , which hath so many faults as can only be covered and put out of sight with one rasure from the beginning to the end , than this one and the same name of fidentinus deciphers the confidence of them both , nullâ pallescere culpâ . and so i shall leave my friend fidentinus to learn better manners , if he be not altogether incorrigible ; and apply my self to peruse and answer ( if i can ) a treatise of a worthy gentleman , who is , i see , of a differing opinion from me , and hath much more of reason , and something , though not much more of civility and fairness in the maintaining of it , so as whether or no his reasons will convince me , i know not ; but if they do , i will certainly grant it , for my maxime is still , amicus plato , amicus socrates , sed magis amica veritas . the writer of this treatise , intituled , the grand question concerning the bishops right to vote in parliament in cases capital , stated and argued ; doth state the question right , that is , whether the bishops may be present and vote judicially in capital cases which come to be judged in parliament , either in giving the judgement it self , or in resolving and determining any circumstance preparatory , and leading to that judgement . then he sets down some things granted on both sides , as . that bishops do sit in parliament by vertue of their baronies , and are bound to serve the king there . from this he infers they have a right of judicature , which is not denied ; but the question is , as he saith himself , what this judicature is . that they sit by the same kind of writ , that other barons do . upon which he would infer , that they are impowered and required to confer and treat of all the weighty affairs that shall be brought before them , the king having not limited nor restrained the one more than the other . but it follows not , because all are called together by the same authority , that therefore the same duty is incumbent upon all , if there be a higher power that directs what every ones duty is to do , when they are come together . now the king acts in a higher sphere by the law of the land , and the law and practice of parliament which prohibits bishops from meddling with judging of capital causes in parliament , nor did they ever do it , but in one extravagant proceeding in h. . where nothing was regular nor parliamentary from the beginning to the end , which i look upon as altogether insignificant to alter what is so setled by law and constant custome , therefore the kings writ of summons cannot dispence with that , to make that lawful , which in it self is unlawful ; as i have sufficiently proved it . and i will now go a little further in it , than i did before , for hitherto i have only insisted upon the law of parliaments , as a thing setled in parliament by the constituons of clarendon in henry the second's time , and the protestation of the bishops enrolled in parliament by the king , lords and commons , r. . but now i will deliver my opinion ( which i submit to better judgements ) that they lye still under a restraint by the canon law , which by the statute h. . c. . which ( was repealed and phil. and mar. but revived eliz. ) is still of force , where it is not repugnant to the laws of the realm , which we are sure this branch of it , restraining bishops from judging capitally is not ; so far from it , that it is confirmed and strengthened by the law of the land. . the third particular in which he saith all agree , is , that they have their votes in bills of attainder , acting in their legislative capacity , which is as much a case of blood as the other , and perhaps as much forbidden by the canon . but i desire this worthy person to consider , that the practice of parliament is the law of parliament , and is the commanding law for regulating the proceedings of parliament , and that hath over-ruled this point , that in the making of a law , every free-man of the kingdom doth give his consent , either explicitly if he be a member of either house , or implicitly by his representative , for every free-man of the kingdome is there present , or represented . and it is the fundamental constitution of our english freedome , that no man can be bound by any law , but what himself hath consented to ; now a bill of attainder is as much a law as any statute law of the kingdom . therefore bishops have acted in a legislative capacity to judge and condemn capitally , as several precedents we have of it in henry the eight's time , but not in a judicial capacity . and to say the canon law prohibits one as much as the other , the statute of h. . clears that point , which takes away the force of the canon in the one , not to abridge members of parliament from voting in the legislative way , and strengthens it in the other , forbidding bishops to vote judicially in cases of blood. yet if you will have me deliver you freely my opinion in it , i think it is an abuse crept in since henry the eight's time , for before none were judged by bill , but such as had been slain in open war , or tryed , condemned and executed by commission , and then the proceedings brought into parliament , and there approved of , and the attainder confirmed , but under henry the eighth several persons were condemned by bill , and the earl of strafford lately in our memories , which seems now to be authorized by the practice of parliament . sir edw. cooke tells a story which he had from sir thomas gaudy , one of the judges of the kings-bench , how the king had commanded cromwel , and the earl of essex , to attend the justices , and know of them , if a man who was forth coming should be condemned by act of parliament , without being heard ; who after some fencing , answered if it were so , it could not be afterwards called into question ; and cromwel himself was not long after so served ; but this is by the way . multa quae fieri non debent , facta valent . i have been a little the longer in these particulars , because it will much smooth our way in the following discourse . and this worthy gentleman must give me leave to say , that he needed not have put himself to all that trouble of his first chapter , in telling us of the mighty power the clergy had in the primitive times in the ordering of secular affairs , which certainly was more by way of counsel , than any thing of authority by way of judgement , and in a judicial way . and he will avow to me , i doubt not , that the ministery of the word was a full employment for the apostles , and so for bishops , who call themselves their successors , as well as serving of tables , and other ministerial duties was a full employment for those whom he calls the treasurers of the church ; and therefore they said it for themselves , and left it as a rule for their successors , even to bishops , and all other dispencers of the word and sacraments , that it was not reason they should leave the word of god , and serve tables . which it seems was a non est consonum , by the law of god , just as by the common law of the kingdom , a writ was provided , declaring it to be likewise a non est consonum , and to be contra morem & consuetudinem regni , that clergy-men should be employed in secular affairs . this indeed i hinted at then , as i gave also some little touch at the government of the church by the imperial law , but not that i put any stress upon it , but meerly to circumscribe the question , and keeping it within limits , by a negative , declaring what it was not , and an affirmative , expressing what it was , how bishops in parliament could not judicially act in capital cases . therefore were it all so as this learned gentleman seems to infer , that in france , spain , germany , and those northern kingdoms which he mentions , that bishops were joyned with the civil magistrates in ordering the publick affairs of those nations , and that they had a share not only in the legislative , but in the judiciary part , as he alledgeth two authors to prove it to have been in france , it would not be of any signification to decide our controversie , for what is this to us to regulate our parliaments , and to operate on our laws ? but first for matter of fact , as to france , to which i can speak a little , having spent many years in that kingdom , and i have , by way of discourse , informed my self from the ambassadour who is here from that crown , who doth assure me , that the judges ( whom they call counsellors , and not judges , as we do ) who are clergy-men , as many there are joyned with the others of the laity , never sit in that chamber of parliament , which trys capital causes , which they call the tournelle . i believe the same may be observed in those other countries which our author mentions , and i do not see how it could be otherwise , the severity of the canon law being so strict in the prohibition of it . but as i said before , the primitive christians had that veneration for the clergy , and especially for the bishops , that they were still joyned with the civil magistrate , in ordering the affairs both in church and state. the matters of the church , they determined judicially , in secular affairs , whether criminal or other , only by way of counsel , if the civil magistrate to whose province they belonged , did not do his part . i am sure it was so in england . brompton in his chronicle , recites the laws of king athelstane in this particular : i cited his very words in the original in my former letter , i shall now repeat them very faithfully in english. he saith , it appertains of right to a bishop to promote that which is right , both concerning god and the world. a little after he addeth , he ought likewise diligently , together with the secular judges , to promote peace and concord . and soon upon it , he hath this passage , the bishop ought to be present in judgement with the secular judges , not to suffer any buds of wickedness to sprout , if he can hinder it . his presence and his counsel was rather a check upon the judge , than to determine any thing in secular affairs . sir henry spelman is a little more particular in delivering unto us the nature of that mixt court , it is in his glossary upon the word comes . the earl , he saith , did preside in that county court , not alone , but joyned with the bishop ; he to deliver what was gods law , the other what was mans law , and that the one should help and counsel the other : especially the bishop to do it to the earl , for it was lawful for him sometimes to reprove the other , and to reduce him , bring him into order if he went astray . then he tells us what the work of that court was , that it had cognizance but of petty matters , that the earl had not cognizance of great mens businesses , for such matters are to be brought into the kings courts , he only judges poor mens causes . hence it is , that by our law , actions for debts and trespasscs are not to be commenced in the county court , if it be for above the value of s . it seems that in ancient times it was but one court , but each judge had his proper work , the ecclesiastical judge to distribute and deliver to them what was gods law , the secular judge , mans law. and so it continued till william the first 's time , who first separated the two courts , as appears by his charter to bishop remigius , which mr. selden relates in his comment upon eadmerus , p. . which he saith the king did communi concilio archiepiscoporum suorum & raeterorum episcoporum , & abbatum , & omnium principum regni sui : in a common council , by the advice of his arch bishops , and the rest of the bishops and abbots , and all the great men of the kingdom : the words are , wherefore i command you , and enjoyn you by my royal authority , that no bishop nor arch deacon presume to hold plea in the hundred court any more upon the episcopal laws , nor bring any cause that pertains to the rule of souls before the judgement of secular persons , but that whoever is questioned according to the episcopal laws for any misdemeanour or fault , shall come to that place which the bishop shall chuse and nominate for that purpose , and there shall make answer for himself , and not in the hundred court , but shall , according to the canons , and the episcopal laws , do that which is just and right both to god and to his bishop . this was again confirmed r. . and so the courts came to be divided , as they continue to this day . but nothing can be concluded out of that large enumeration , of the bishops being admitted in those ancient times to publick councils , which was more for their advice , and counsel and direction , than to act any thing at all authoritatively and juridically , and least of all to have any vote to determine any thing in cases of blood , which the canon law made a noli me tangere to them : i deny not , but before there were christian magistrates , even in the apostles times , the ministers of the gospel did many times interpose and reconcile differences and sutes , which many times happened amongst believers ; as st. paul saith , is there not a wise man among you , no not one that shall be able to judge between his brethren ? nor doth he exclude the bishops , that they may not come in as one of those wise men : yet cor. . . he seems to exclude them : for he saith , if then ye have judgement of things pertaining to this life , set them to judge who are least esteemed in the church . which doth seem to intimate , as if he meant not the bishops , for sure they are not least esteemed . but doth any man think , that they were by this authorized to compel men to submit to their judgement , to punish or imprison , or lay any corporal punishment upon them , if they would not ? indeed i cannot think so . nor do i find that st. augustine was of that opinion , the term he gives to those whom the author of that treatise will have to be ecclesiastical judges , doth not imply so much , rather the contrary methinks : he calls them cognitores , which denotes rather one that took notice of such differences , and would endeavour to compose them , than a judge to determine them , which hath made me examine that passage more particularly . in his comment upon the psalm he saith , speaking of those who interrupted them in their enquiry into the duty which they owed to the commandments of god , non solum cum persequuntur , aut litigare nobiscum volunt , verum etiam cum obsequuntur & honorant , & tamen cum suis vitiosis & negotiosis cupiditatibùs adiuvandis ut occupemur , & eis nostra tempore impendamus , efflagitant , aut certè infirmos premunt , ut causas suas ad nos deferre compellant , quibus dicere non audemus , dic homo , quis me constituit iudicem aut divisorem inter vos ? constituit enim talibus causis ecclesiasticos apostolus cognitores , in foro prohibens jurgare christianos . here is nothing of coercion in all this , they acted not as judges , nay , he complains that the clergy-men themselves were persecuted , and compelled to go to law ; or if they seemed to shew them some respect , and would be ruled by them , and drew them from their occupations to compose things between them , they would not drive them away , and say , who made me a judge between you ? for the apostle who forbids christians going to law , makes the clergy to be cognitores , referees or umpires between which is the greatest act of charity that can be , and most befitting the calling of the ministers of gods word . but what saith st. austin a little after , good men he saith will hearken to us , and seldome trouble us with their secular affairs , but others , qui inter se pertinaciter agunt , & quando bonos premunt , nostra iudicata contemnunt , faciunt que nobis perire tempora rebus eroganda divinis : good men will hearken to him , he saith , but those who are perverse do iudicata contemnere , despise his award of it ; which shews he took not upon him any authority of determining any thing . and so in his th epistle to proculianus the donatist , he hath this passage , et homines quidem causas suas seculares apud nos finire cupientes , quando eis necessarii fuerimus sic nos sanctos & dei servos appellant ut negotia terrae suae peragant , aliquando agamus & negotium salutis nostrae , & salutis ipsorum : non de auro , non de argento , non de fundis & pecoribus , pro quibus rebus quotidie submisso capite salutamur , ut dissentiones hominum terminemus , &c. nothing plainer than that all this is purely out of good will a work of charity to those who desire him to determine their secular differences , in which the clergy then had meerly an eye upon gods glory , the good of their own souls , and of the souls of those for whom they took that pains . but all this is nihil ad rem , let the clergy have right or no right to judge of secular causes , it will not decide our controversie , whether bishops in parliament can meddle in cases of blood : hic rodus , hic saltus , if we do all extravagate , i must come back to this . his next chapter will be more to the purpose , it is concerning the constitutions of clarendon , and the protestation of the bishops r. . these two particulars well cleared , and no disguise put upon them , will go a great way : he begins with the constitutions of clarendon , which he conceives to be that bishops are thereby required to be present in the kings courts , as other barons are , till they come to give sentence as to dismembring , or loss of life , and his method is to judge of them by these three ways : . the occasion . . the plain sense of the words , according to their true reading . . by the subsequent practice upon this constitution in the parliament at northampton soon after . . for the occasion , this author is pleased to say , he can hardly believe i should betray so much unskilfulness in the affairs of those times , as to say , that the bishops did then affect such a power of judicature in secular causes , and i think i have good warrant to be of that opinion . petrus blesensis , whom this author cites , as living in henry the second's time , and knowing the whole proceedings of those constitutions , complains of it sufficiently . in the first and genuine edition of them , printed at mentz in quarto , published by busaeus the jesuite in , in his treatise de institutione episcopi , p. . he hath this passage , illud coelestem exasperat iram & plerisque discrimen damnationis accumulat , quod quidam principes sacerdotum & seniores populi licet non dictent iudicia sanguinis , eadem tamen tractent disputando & disceptando de illis , seque ideo immunes à culpa reputant , quod mortis aut truncationis membrorum iudicium discernentes , à prounciatione duntaxat & executione poenalis sententiae se absentant . sed quid hac simulatione perniciosius est ? nunquid discutere & definire licitum est , quod pronunciare non licet ? this provokes gods wrath , and heaps up upon many a danger of damnation , that some of the prime of church-men , and elders of the people , though they do not dictate iudgements of blood , yet they debate them , and dispute of them , and therefore repute themselves free from fault , in regard they have withdrawn themselves from being present , at the pronouncing and giving order for the execution of the penal iudgement , though they had before agreed to the punishment of death , or loss of limbs . but what can be more pernicious than such dissembling ? can it be lawful to debate and to determine a thing , which it is unlawful to pronounce ? then he compares them to king saul , that had resolved upon the destruction of david , but would not that his hand should be upon him , but that he should fall by the hands of the philistines ; or to the scribes and pharisees , that cryed out against our saviour , crucifie him , crucifie him , but said it was not lawful for them to put any man to death . is not this as good as chaucer's fryer that this author quips me with , p. . ? i do not say that blesensis blamed all the bishops for evading the law in that manner , he saith they were quidam principes sacerdotum , some of the great bishops . but the author would have it to be the universal practice and opinion of all the bishops and clergy to understand the constitution of clarendon , that they might continue to sit in judgement till the sentence was to be pronounced ; and in the edition of blesensis , printed at paris in . instead of quidam it is printed quidem , but by a manifest error which carries no sense with it , and the marginal notes in both editions shew it , which is , abusus clericorum qui causas sanguinis discutiunt ; marking out the abuse of them that did so . this was obvious enough to the author in his quotation of blesensis , therefore he might have spared the censure of my unskilfulness in the affairs of these times , since i had such a leader to follow as blesensis ; and more have i cause to complain of his want of charity to me , p. . taxing me with representing those constitutions very unfairly , which is an expression of one engaged in a party , and not of one that only seeks for truth , but to shew his reading and learning , as i am afraid that author doth , who raiseth a great deal of dust meerly to blind mens eyes , and mis ▪ lead them into errours ; and thus he commends himself for speaking mildly , and much good may his mildness do him . it is apparent that the clergy were then very high , having gotten a great head by the favour they had found from the usurper king stephen , where on both sides they served one anothers turns , and henry the second , to bring things again into order , call'd that great counsel at clarendon , where , by the advice of the prelates and the nobility of the realm , a recapitulation was made of part of the ancient customs and priviledges under the former king , and particularly under his grand-father henry the first , which for the future he would have to be observed in the kingdom , and thus propter dissentiones & discordias saepe immergentes inter clerum & iusticiarios domini regis & magnatum regni . there were sixteen of those articles , the eleventh was , that they should hold their possessions of the king in capite , sicut barcniam ; and should be answerable to the king for their services ; and should as barons , interesse judiciis curiae regis , quousque perveniatur ad diminutionem membrorum , vel ad mortem . here we see the occasion of that meeting at clarendon , it was to remove all causes of difference between the great bishops and the civil magistrates ; let us now see what was most likely to displease them , it 's not probable it should be for being reduced to stand upon even ground with the rest of the nobility , and great men of the realm ; but if in any thing they are made less , and abridg'd of the powers which the others have , it stands most with reason they should be troubled at that ; and to be forc'd to walk out of the judgement-hall after they had cryed crucifige , is a great lessening of their figure , i think more than if they had not at all meddled in it . but this worthy author saith , i have made use of the most imperfect copy of matthew paris , and saith in the vatican copy , and several mss. it runs thus , debent interesse judiciis curiae regis cum baronibus , donec perveniatur in iudicio ad diminutionem membrorum vel ad mortem . now in my opinion , this makes more against the sense he would put upon these words , which is , that they may stay and have a hand in managing the debate upon the evidence , and agreeing upon the sentence , but must be gone when it is pronounced , ( which as i said before , i look upon as a greater scorn put upon them , as blesensis saith , quid hac simulatione perniciosius est , nunquid discutere & definire licitum , quod non licet pronunciare . ) for i should think that mentioning in iudicio in the second part should not have a different constructionthan iudiciis curiae in the first part . for there the judicia curiae which they may be present at , is to be understood of the whole proceeding , from the bringing in of the charge against a criminal person , to the pronouncing of the sentence : and can it be rationally thought that iudicium in the second place should be meant only of the sentence which is the principal part , and which the corruption of mans nature doth chiefly lead him unto . the poet saith , — — qui nolunt occidere quenquam , posse volunt — this power of killing and slaying , potestas iuvandi & nocendi , is a pleasing thing , and we are naturally angry with what abridgeth us of it . so i must conclude this point , that it 's most probable the bishops were most scandalized at this eleventh article . secondly , let us consider how to arrive at the true meaning of that constitution , which must be by comparing the passages of these times together , whereby we shall see how they understood it : yoyu have already heard what petrus blesensis judged of those who would retain that image of judicature , how much he blamed them , and what menaces of gods judgements he denounced against them , for the words of that constitution were not so clear and positive that it gave not ansam disputandi to those whose inclinations led them to turn it into another sense , and content themselves to play at small games rather than sit out altogether . so the wisdome of that time to make it yet more plain , and take away all ambiguity , moved the king to call another great council at westminster in the year . eleven years after , ad emendationem anglicanae ecclesiae ex assensu domini regis & primorum omnium regni ; where the third article is , his qui in sacris ordinibus constituti sunt iudicium sanguinis agitare non licet unde prohibemus ne aut per se membrorum truncationes faciant , aut inferendas judicent . quod siquis tale fecerit concessi ordinis privetur officio & loco , inhibemus etiam sub interminatione anathematis , ne quis sacerdos habeat vicecomitum aut praeposit●… secularis officium . it is not lawful for those who are in holy orders to act at all in judgements of blood , wherefore we forbid them to have any thing to do with taking off mens limbs , or to judge of any such thing . and if any do such a thing , he shall be deprived of the office and dignity of his orders : and we also forbid , under the pain of being anathematized , that no priest shall take upon him the office of a sheriff , or of a secular judge . this makes it out plain , what the sense of those times was ; that it was not lawful for them to act at all in cases of blood ; and this is as much the law of the land , as the constitutions of clarendon , or as any other statute law. but our author , p. . quarrels at this , as only standing upon roger hoveden's authority , and wishes he had produced the whole canon entire for it : here you have two of our ancient historians that liv'd in these times , and agree in terminis upon the relation of what there passed : but our author is not satisfied , tells us the council of toledo makes an &c. and leaves out the prohibition , which declares the meaning and extent of their canon : he will have this prohibition , and sanction of deprivation to attend only upon the latter part , that is , if they do joyn in pronouncing the sentence : but where doth he find that distinction allowed , it is what the clergy have framed and imagined to themselves to give them some power : admit we should allow them that , it makes it not the more lawful for them ; there is still a non licet , which is subject to punishment , and though the ecclesiastical law doth not go to that height to cut off a member , deprive him ab officio & beneficio , yet it may go less in a lower sentence , however the civil sanction may impose what punishment such a misdemeanour may deserve . caetera desiderantur . finis . considerations touching that question , whether the prelates have right to sit among the lords , and vote with them in parliament in capital cases , when the lords sit in their judicial way of proceeding upon the tryal of any of their peers ? in which it is asserted , that they have no right to sit and vote with them in such cases ; neither can it be made appear , they have ever practised the same . in answer to the reasons and records urged by the learned author of the grand question , &c. london , printed in the year . to the reader . this tractate which is now made publick , was written soon after the publication of that book intituled , the grand question concerning the bishops right to vote in parliament in cases capital , stated and argued , &c. it hath lain by the author many months , and should still have continued in the dark had not the unseasonable thrusting into the world of a book , called , an argument for the bishops right in judging in capital cases in parliament . for their right unalterable to that place in the government they now enjoy ( by one thomas hunt esq ) stirred up the pens of others , and the desire of friends , me among them , to assert , as i believe , the contrary truth . i assure the reader ; i did not at all guess the author of the grand question , when i took into my thoughts the consideration of his book . fame hath since put it upon a person of so great worth and learning in all sorts of literature , and for whom i have not only a particular honour my self , but the present and future times will look upon as one of the greatest champions of the english church against popish superstition and idolatry . i should difficultly have been engaged in this contest , did i not know the modesty and ingenuity of this learned person is so great , that he will not take it ill to have his reasons examined by a far less knowing pen , which shall be always ready to submit to better judgments . i have examined this author , chapter by chapter , have given answers to his reasons , and shewed the infirmity of those records he hath thought proper to urge for his opinion , and have given some other of my own , not taken notice of by him , i hope material to that end for which they are alleged : i was not willing to trust too much to abridgments ; nor had either the time or convenience to search the originals , and therefore had recourse for some to a very near relation of my own , who is well stored with that sort of treasure , and who never denied me the use of any thing in his well-furnish'd library i desired from him . truth is but one ; but men may vary in their apprehensions concerning it . as to others which i could not be supplied with from him , i must acknowledg my self deeply obliged to my much honoured , and very learned friend , mr. william petyt , of the inner temple , who was not only pleased to read over the ensuing treatise , but to give me the sight of a rich magazine of the transcripts of records which he hath fairly written by him , as also to give me the copies of some , necessary to my purpose , which i either had not , or not so fully as from him . the wrold hath already seen something of his , and may in due time expect more , in reply to the learned dr. brady , in whom i find various and useful learning , but ( if i may have leave to say so ) one misled in some measure by different notions of words , and interpretations of them , contrary to their known and common acceptation . some part of his book hath been already considered by the author of jani anglorum facies altera : but the intire answer to it we must expect from mr. petyt , who hath favoured me with the sight of a short specimen of a greater work to follow . i must not here forget my very deserving , and worthy friend mr. atwood of grays-inn , whose assistance i received in transcribing some records for me . he is a person whom god hath endowed with a good estate , and a large measure of knowledg , for the few years he hath hitherto spent in the world , and who ( i speak it to the shame of most of our young men ) spends his time in studies useful to himself and to the kingdom in which he lives . having already seen from his youthful labours so good effects , we may well expect from his more mature judgment things of greater advantage to the learned part of this nation . but let us now return to mr. hunt , a good protestant he appears to be in his postscript , which in these unconstant times deserves commendation ; and in his book , he shews himself a man of various reading and learning , with a competent knowledg in the tongues , but otherwise , if i much mistake not , a man of confused , and undigested notions , by which he forces things to serve his turn , contrary to their true meaning , from meer conjectures and surmises of his own , without any colour of demonstration . his whole book consists of three parts , argumentative , invective , or reproachful and extravagant , or conjectural . i cannot compare his argumentative part better than to a gleaning after a full vintage . there is nothing in it which had not been soreseen by the author of the grand question , and pressed by him with much more learning , subtilty , and closeness of arguing , or else wholly left out as unconclusive to the matter he had in hand ; of whom it may be said , what was once of hector in another case , si pergama dextra defendi possent , etiam & hâc defensa fuissent . what is by me said in answer to his arguments in this treatise , must be left to the judgment of such as shall read it . the second part is invective , reproachful , and unsavoury , in which i would advise no writer to follow his steps . soft words , and strong arguments , may convince a reader , whom railing language will but exasperate . i shall name some few of that sort , that he may not think i accuse him falsly . in his preface he blames the author of the grand question , for treating his adversaries too kindly who deserved sharper reflections then he hath given them . 't is plain by the th page of his book , that he knew the octavo gentleman , as he calls him , on whom he there ironically bestows the title of discrect gentleman , and instances in his talk against bishops , when he was young , which he could not leave when he was old . this person he charges with falshood , unrighteous dealing , imposing upon the people , self-condemnation , undue art , and such stuff , pag. . with a design to shut the bishops out of the house ; an extravagant surmise of his own , without any colour given by the author of the leter , pag. . want of candor , integrity , &c. pag. . iniquity , prevarication , petulancy , spight , inveterate displeasure , grinning , whetting his teeth , and squinting upon them with an evil eye , with much other such language throughout his book , which the reader may observe , if he pleases . he ought , with more reason , to have considered the age , the quality , the place , this octavo gentleman beld at court , the service he had done his country both at home and abroad , rather than to have loaden the ashes of a dead noble-man , with revilings railing language and reproaches , who was known to be a person of so great worth , and experience . the reader will pardon this warmth in me ; when i hear a person , now at rest , so slighted , who , had he been alive , this little gown-man durst not have approached without marks of reverence , and submission . but let us allow him to make up the shortness of his reasoning by the length of his railing . thirdly , his extravagancies are so numerous , that nigh every leaf hath somewhat or other of that nature , conjectures , and surmises , without any manner of proof , must pass for demonstrations . one while the bishops are spiritual barons , a title i never remember given to them ; nay , not so much as lords spiritual till the time of rich. ii. another time feudal barons , and that there was no other than feudal nobility : sometimes they are barones majores ; yet not enobled in blood , nor their honour conferred upon them by any actual ceremony , or otherwise esteemed than barons by tenure ; and that william the conqueror intended that as an honour , which themselves , and all other historians complain of as a burthen . that the bishops in parliament are a full third estate ; and yet we know acts are good when they are either excluded absent , or oppose the passing them ; and yet they never represented any but themselves . sometime he is troubled that the nomination of the bishops is in the king. these things cursorily observed by me , makes his whole book appear an indigested lump , fit to be lick'd over , if so it may be brought into any form . 't is not unlike a lottery , where after a hundred blanks , you may chance get a prize : but i shall leave a further examination of his crude notions to another hand , who may be more concerned to detect his errors than i am : however , i cannot omit the taking notice of his pompous title ; ●…tis indeed a titulus sesquipetulcus ; their right unalterable in that place in the government they now enjoy : which fancy is confirmed by a consequence of his own making , page , that the bishops cannot be detruded from that place they bear in the constitution of the government : for that no government can legally , or by any lawful power be changed , but must remain for ever once established , and it cannot be less then treason of state to attempt a change. no authority in the world is competent to make any alteration . how false this position is , he will find , if he consult the frequent change of governments since the creation , in the jewish , grecian , roman , nay , in our britannick state , with many others in all parts of the world. neither can i imagine this maxime can serve him to any other end , than to arraign those parliaments who have made laws without them , or that in car. . anno , which by act took away their seats in that house . and lastly , to accuse those as traitours to the state , if any hereafter shall attempt it . i am confident , no parliament will endeavour to take from them their just right ; but to say they cannot , and that the government cannot then subsist , is as absurd , as the other is unlikely . i must further observe , that this author doth upon all occasions blame those persons , who deny the prelates that judicial power in capital cases he would place in them as enemies to the government ; whereas he ought to know , that exceptio probat regulam , in non exceptis . he that gives them authority in all things that are clear , and denies it them in dubious , doth more asserttheir right , then he that by giving it them in all things , doth rather perplex it . i have now done with this unwary writer , who whilst he seems so zealous for the government , doth himself in the main part of it unhinge , and destroy it . doth he not , pag. . endeavour to destroy the most ancient court of chancery , which he calls both a reproach , and grievance to the nation ? doth he not spend some leaves to shew how this may be effected ? by setting up as many chancellours as there shall be judges in courts , which must in the end , be either wholly useless , or run us upon an arbitrary way of proceeding , and put an end to all our ancient way of trials by iuries , and leave all in the breast of the iudg to determine . let him not now think to take off the envy of this by a fawning commendation of our present lord chancellour . i am so well acquainted with the great abilities , and large endowments of that noble person , that i doubt not but his just decrees in that court will remain as perpetual testimonies of his conscientious iustice , and equitable distribution of it in that place in which he is now settled . nor can i believe he will be pleased with any , tho never so due commendations , to the disparagement of his worthy predecessors , or such as hereafter may succeed him in the most honourable station in which he now is worthily placed . did the author of this treatise believe that the lord bishops voting as judges in parliament , in cases of life and member , could any way conduce either to their honour or greatness , or the good of the church and nation , he would never have entred the list in this quarrel , being himself wholly conformable ; and in his judgment fully approving the polity of the church of england , as the best reformed of any other he knows , having cleared herself from the superstitious formalities of the church of rome on the one hand , and on the other , not requiring from her children , under terms of communion , any thing , in which she may not lawfully as he thinks be obeyed . but being fully convinced , that their asserting this right in themselves , will bring forth no other fruit , except envy to their persons , and perhaps sometime or other , through the unequal affections of a head-strong people , prejudice to their functions , i have been the more easily induced to make known my thoughts herein . i observe there have already been made publick six elaborate treatises upon this subject ; four asserting a right in them to vote in parliament in matters of blood , and two against it . but because the last and most learned tractate , which goes under the name of the grand question , &c. is look'd upon , and indeed is the most material , i shall apply my self chiefly to the examination of his arguments , and i hope discover the errors , fallacies , or inconsequences of them . he tells us at first , that 't is granted on both sides , that the bishops sit in parliament by virtue of their baronies . this i must take liberty to question as doubtful , still premising that truth doth not lye in what men may say of themselves , or passeth under common estimation of men , but what upon serious examinition of the question shall be found to be true , i shall endeavour to make it appear , that many who held lands in cap per baroniam , or , per servitium baroniae , were not enobled in blood , nor had right to demand their writ of summons as the noble barons had , but were to expect the king's will and pleasure , and were often left out : these were secundae dignitatis barones , or barons by tenure only , of which some might probably be adopted into the nobilitas major , afterwards as barones adscriptij , yet at first were not so ; and this was to them an honour , but to the bishops a burthen , who held their lands free before , and had no honour conferred upon them as the rest had . for tho it be true that all the great noble-men held per baroniam ; yet was it not their tenure which gave them that right , as i shall shew by and by . these second sort of barons were called barons peers , because they held of the king in capite , as his immediate free-holders , and were stiled barones regis , for the word imported then no more but men holding of the king's person in capite . these subdivided their lands to others , under the like military service ; these were likewise called barons from their appearing at their lord's court , called the court baron ; and baronagium became a word of general signification , comprehending those liberè tenentes , or sutors to the court baron , who together with the king 's immediate tenants , who were the barones regis , that is , the kings immediate free-holders , made up the communitas angliae , and comprehended all persons except such as held in villenage . besides these , thus made by the king , there were others , some found here , some brought out of normandy , of great nobility and extraction , who had of their own , great possessions , as earldoms and counties in this country , and others brought over with the conquerour out of normandy , of an inferiour rank , to whom he gave the like honour , out of the lands of those adhered to harold , which all held of him per baroniam , but by creation were many of them afterwards made of a higher rank , and were called comites regis , and majores barones regni ; they being possessed of the like honours in their several countries before . the bishops , i conceive , were not under any of these ranks , but were called to parliaments ratione episcopalis dignitatis , not ratione tenurae , only , of which they complained as a burthen . creation they had none to any higher honour than episcopal ; their tenure could not give them a greater honour than to be barones minores , or barons , peers . neither can i find in any act of parliament or record , that they were called lords before the time of rich. ii. and then first called lords spiritual , to shew their honour arose from their spiritual function , and not from any temporal possessions ; nor the name of barons applied to them except by themselves , who perhaps finding the burthen of their service which before was free , were willing that others should give them the title , tho there was no more reason that their tenure by baron service should make them barons , than that knight service should make the tenant a knight . having thus cleared my way , i shall in the next place , shew that these barones minores , or barons peers , were sometimes summoned by writs to parliament , and sometimes left out . the abbot of feversham ( one under the same rule with the bishops ) was summoned to consecutive parliaments as tenant in capite per baroniam , and then left out , edw. . rot. penes remem . dom. regis in scall . thomas de furnival had been sumoned to parliaments , and yet upon an amerciment in the exchequer , pleads he was no baron : now except he had held in cap. per baroniam , or part of a barony , he could not have been summoned at all as a member of parliament . whether his plea were allowed doth not appear upon the record , but by this and some other records in my hand to the same purpose , it seems to me that many that held per baroniam , were not barons , but at the best bannerets , or barons peers . i cannot find by my utmost search , that any thing hitherto hath madeit apparent , that baronies were ever annexed to the possessions of the bishops ; but men have generally taken it for granted , that they were so . they say that william the first , soon after his reception to the crown of england , did introduce new tenures , and established counties and baronies , and did then order that bishops , and the parliamentary clergy should hold per baroniam , or sicut baroniam , which the learned mr. selden saith in the language of those times signified the same thing : for he saith , that tenere de rege in capite , and habere possessiones sicut baroniam ; and to be a baron according to the laws of those times , are synonimous : seld. tit. hon. part . pag. , cook , hakewell , and others say they hold per baroniam . but the proofs , any that i have met with , offer to make good this division by william , or that tenure per baroniam , did infer more when a minor baron in my judgment , are not cogent . what they urge is taken out of wendover , and from him transcribed by matth. paris . he first greatly blaming the act of william , hath these words ; episcopatus , & abbatias , omnes quae baronias tenebant , & catenus ab omni servitute saeculari libertatem habuerant sub servitute statuit militars irrotulans singulos episcopatus , & abbatias pro voluntate suâ quot milites sibi , & successoribus suis hostilitatis tempore voluit a singulis exhiberi . that is ; he established under military service all bishopricks , and abbeys which held baronies , and at that time had freedom from all secular service , inrolling them all , and appointing according to his pleasure what souldiers in time of war they should severally find unto him , and his successors . mr. selden finding the contradiction in these words , that their baronies which should have kept them , as he thought , free from secular service , as the words import , were the only thing that bound them to it , thinks there ought to be a parenthesis after baronias ( in purâ & perpetuâ eleemosina ) & eatenus ab omni servitio saeculari , &c. and makes the words run thus : all bishops and abbeys that held baronies in frankalmoign , and in that respect freed from all secular service , &c. and backs this conjecture by the authority of mr. cambden , who he conceives might have seen some copy where those words were . but he need not have put himself to the trouble of that conjecture , had he translated ( eatenus ) at that time , as the word signifies , and never that i know in that respect . however , finding further , that this would not take away all doubt , because the words refer not to all bishopricks and abbeys , but to such only as then possessed baronies , for ought appears of elder time , which he denies any did before the time of william the first , ( of which perhaps more anon ) doth believe that this tenure was enacted by some parliament in william's time preceding to this , whose journals , or records are now lost ; yet adds for a further proof , the authority of an ancient manuscript in his hand ( belonging it seems to the abbey of ramsey ) of matth. paris , where over the year , are inserted these words : in this year the servitium baroniae , was imposed upon ramsey . this perhaps might equally concern other abbies ; yet seems but a weak proof of the matter in question as to the bishops , did not somewhat in ingulphus , and the subsequent practice , give some light to the business . but neither laws nor practice ought to be forced or stretched to a greater latitude than the natural construction of the words will bear . it cannot reasonably be denied , but that in the times of our ancestors , when learning in lay-men was very rare ; that the clergy bare a great sway in the councils of princes and great men , who busied themselves in little more then feats of arms , and hospitality . but the clergy , a wary and vigilant sort of people , guided by the subtile heads of rome , under whose banner they always fought ; what under pretences of piety , satisfaction for sins commited , redemption of souls out of purgatory , and what not , captivated the consciences , and drained the purses of most of the ignorant multitude . nay , so holy was their function , and so sacred their persons , that no secular tribunal was by them thought sanctified enough to question their actions , but they still pressed to be remitted to their own , or by their appeals to rome , frustrated the designs of the civil magistrate . william the first being desirous to put a stop to this exorbitant pride , and growing power of these men , and yet not disgrace their calling , did ( as before is mentioned out of mat. paris ) ordain that the clergy should not be wholly exempted from all secular service , and probably might before that , have altered their tenure , which most-what before was in frankalmoign , unto the tenure in capite sicut baroniam , or in the nature of a barony , by which they were made subject to such services as tenants in cap. per baroniam were tyed unto , and were called to parliaments , and sate among the other noble-men , and the barons peers , being first summoned thereunto by the king 's writ . most men have considered the nobilitas major , or those who constituted the house of peers under a threefold relation . first , as made earls , or barons by creation , and an actual ceremony of a investure of robes , and a succeeding charter , and writ to attend in parliament when summoned . the charter comprehended some limitation how the honour should go ; or else some pension to the barons to support their dignity and title , of which you may see more examples in mr. selden's tit. of hon. part . cap. . such i conceive was that charter made by king stephen to mandevile earl of essex , and renewed again by maud the empress : the like was that of miles earl of hertford , granted by maud , and renewed by hen. ii. which charter only served to convey the third penny of the county . now these charters being usual as to earls , which was the highest degree at that time , and an actual ceremony being also used in the making b of knights , which was the lowest degree of honour ; i see no reason but to believe that the same ceremony of invetisture was used to barons which was the middle degree . some light is given to this by considering the charter granted to the lord iohn beauchamp of holt. where the words are ; ipsum iohannem in unum parium , & baronum regni nostri angliae praefecimus volentes quod idem johannes , & haeredes masculi de corpore suo exeuntes statum baronis obtineant , ac domini de beauchamp , & barones de kiddermister nuncupenter . in cujus rei testimonium , &c. here being in this charter no words of creation , but all in the praeterperfect tense ( we have promoted ) must refer to some act done before ; and this charter served only to limit how the estate should go : mr. seld. tit. hon. part . cap. . p. . i edit . in fol. i know reckons this as the first creation of a baron by patent , but doth not observe the words , nor his own subsequent . patents made to others where the words are in the present tense , and constituent of the honour granted , ( viz. ) praficimus , constituimus , creamus , we do create , promote , and appoint . neither can i imagine what right those ancient barons , of which we have yet some left who were so before rich. ii. have to come this day in robes , had not their ancestors been invested with them in their creation , and different from those of earls . now this as it was the most ancient , so was it the most honourable way of conferring honours ; so was it also the most noble , by which their blood was not only enobled , but also all other rights and priviledges competible to that degree were given unto them ; and certainly we must make some difference between one made a peer of the kingdom by charter , and one so called in ordinary speech , of which name , no man in the kingdom , but is in some sense , capable ; we being all peers to those of our own degree . now of these peers thus enobled by the invetisture of robes ; some were called to parliament by writ after the ceremony of invetisture had been performed , and had never any patent to limit the descent of the honour . such had their honour in fee-simple , and it went to the heirs general , of which we have many examples , where the sole daughter and heir of such a baron , hath not only conveyed the honour to her descendents , but enjoyed the title herself during life . amongst many , i will only instance in one ; charles longuevile , son and heir to susanna , heir general to the barony de grey of ruthin , left only one daughter named susanna , charles her father , was received in parliament in his robes in the latter end of king charles the first , his reign ; he dying , left the foresaid only daughter , who after his death , married sir henry yelverton of easton . manduit in northamptonshire baronet ; sir henry died , leaving sir charles yelverton baronet , his son and heir then a minor , susanna enjoyed the honour during her life ; and at her death , left charles , still under age , who immediately possessed the honour ; and at his full age , was called by writ , sate in his robes in parliament till he died , which happened soon after his age of twenty one , without any issue , leaving the honour to henry his brother , and heir , yet alive , and under age. see sir william dugdale's history of the baronage , title lord grey , first part , pag. , . the second way by which some have conceived barons were made , hath been by writ only , without any other formality , or ceremony whatsoever ; and of this opinion have been some heraulds , and have contended , that by the writ of summons , the person was enobled , and if his descendents were so called for three descents , the blood was enobled , i conceive this opinion to be erroneous : for it is against a maxime in law , that the king should pass any thing by implication , and as unreasonable to believe he might not have liberty to require the counsel of his subjects without conferring an honour upon them , he did not intend . besides it will hence follow , that during divers parliaments of edw. . almost all in edw. . and many in edw. . all the judges , king's serjeants , and many other were enobled , for they had the same writ the barons had , yet were never accounted such ; nay , were often after such summons omitted . the known case of mounthermer is very pertinent to our purpose , who having married the relict of the earl of gloster , who had a great part of the earldom in jointure , her husband was summoned as an earl during the minority of her son ; but after he came of age mounthermer was summoned as a c baron during his own life , and after wholly omitted in his descendents . if it be said that his summons enobled him , but in regard his descendents were not called , the blood was not enobled ; what will they then say to the case of radulphus de camois , who was summoned , and his son after him in edw. . yet in rich. . claus. memb. . in dors . thomas camois the grand-child , was chosen one of the knights for surrey , and discharged by the king 's writ , because he and his ancestors were baronets : and the said thomas was summoned , and served in that parliament , not as a baron , but as a barons peer , or baronet , which was an inferiour sort of honour , and signisied the same thing that tenants in cap. did in the time of king john. but that these sorts of peers were sometimes summoned , and sometimes omitted at the king's pleasure . the only difference being that which appeared when they came thither , the one appearing , ( viz. ) the inheritable barons in their robes , the others not , but in habits different from the barons . now that there was this difference , is made plain by those authorities shall be produced under the next head , which is , that there were a sort of persons called barons , who were so by tenure only , that is to say , who held of the king in cap. and had such a number of knights-fees , and upon that account were summoned as barons , or rather as barons peers ; mr. selden seems to say in his tit. hon. part . sect. . pag. . that all honorary barons of that time whereof he speaks , were for ought appears , barons only by tenure : the words are cautelous , and his expressions , as became a learned man , warily set down . first , honorary barons , ( viz. ) such as had the honorary name of barons , but not the blood ; for such i take his meaning to be , because he gives us no definition of honorary barons , nor why , if it be admitted , that barons had their beginning from the number of knight's fees , which they held , why earls had not the like beginning , who held of the king in cap. as well as the others . now that there was a clear distinction between barons enobled in blood , and those that held only in cap. the one we find called barones majores , the greater barons ; the other barones minores , lesser barons . the red book in the exchequer , or remembrancers office , attributed to gervasius , tilburiensis , speaks of it as an undoubted truth , quidam , &c. some hold of the king in cap. things belonging to the crown , to wit greater or lesser barons . quidam enim de rege tenent in capite quae ad coronam pertinent , barones , scil . majores , seu minores ; by which it appears they both held of the king in cap. yet were distinguished into greater or lesser . fitstephens in the life of thomas of becket , chap. . mentions , secundae dignitatis barones , barons of a second degree , matth. paris , anno , hath these words : summoneri faciemus , archiepiscopos , episcopos , abbates , comites , & majores barones regni sigillatim per literas nostras . et praeterea faciemus submoneri in generali per vicecomites , & ballivos nostros omnes alios qui in cap. tenent de nobis , ad certum diem . here we see two different sorts of barons , the one summoned by the king 's writ , the other by the sheriff . the first sort by writs sealed by the chancellor , the rest by writs to the sheriff ; yet both held in capite : but certainly , omnes qui de rege tenent in capite , must be understood with a reasonable restriction . for it will be very evident to any man who shall examine the inquisitions post mortem , remaining in the tower , that much land held per baroniam , was in the hands of private men , who were never reputed barons ; neither could these inquisitions be understood of tenures from mesne lords , and not from the king , because all tenures per baroniam , were tenures in capite , which must be from the king. besides , if the tenure of land made a baron , why were not the purchasers of those lands by the king's licence of alienation , ever after the stat. of quia emptores terrarum , called to parliament as barons ? the case of the earl of arundel , hen. . will not mend the matter , for his ancestor was created by writ , and the castle entailed upon him ; so that he was called to parliament not by having the land only , but by virtue of the creation of his ancestor , and the entail upon it . in so much , that i still conceive that the ancient nobility ( from whatsoever beginning it arose ) was made inheritable by creation , and investiture of robes ; upon which sometimes followed cnarters which directed how it should descend ; and the confusion in historians hath proceeded from their not distinguishing barons from barons peers , so called , not from their parity in honour , but in estate and tenure , but wanting investiture , were called , or left out , at the pleasure of the king. this distinction is clearly mentioned in the old modus tenendi parliamentorum , printed by mr. hakewell . summoneri debent omnes , & singuli comites , & barones , & eorum pares . all earls , and barons ought to be summoned , as also their peers . i know the authority of this treatise hath been questioned by some learned men , but by none with more violence and less reason than by mr. prin in his fourth part of his register of writs , p. . to which , easie answers may be given , if we consider the translators out of the saxon tongue , might easily translate words which they thought of an equivalent signification , by words in use at that time ; as wittena gemot . for parliament , and the like . others of as great judgment , have as strenuously defended the authority of it . sir edward cook in his jurisdiction of the court of parliament , strongly defends its antiquity , and mr. hakewell pag. . testifies to have seen an exemplification of it under the great seal of ireland , in the time of henry the fourth ; testifying the same to have been sent into ireland by henry the second , for a form of holding parliaments in that kingdom : so that we must either admit the great seal of ireland to be forged , or confess the modus as ancient as henry the second 's time . many admit that it was sent into ireland as a modus for that country , but was not so for england , which seems to me unreasonable , it not being likely we should give them a patern different from our own , who now observe most of the rules there given . daniel , anno , in the life of henry the first , will tell you that in his time , the word parliament began to be in use , after the convocation of his parliament at salisbury , in the th year of his reign . nay , much ancienter , even as old as canutus , ( if we believe the old book of sir edmundsbury ) who in the fifth year of his reign , summoned all his prelates , nobles and great men to his parliament , as you may see more fully , rights of the crown , p. . by all which of much more that might be added , we may see how dangerous it is to judg of books by the promiscuous use of words : i have made this short digression , to the end that what i shall say hereafter , may be made clearer . i shall now apply my self to the case of the clergy , and consider their right to sit in parliament . this right of theirs must grow since the conquest , from the tenure of their land in capite , sicut baroniam , and consequently , they cannot be reckoned but amongst the barons by tenure , and are not properly barons , but peers , no way enobled in blood , nor of longer continuance than the foundation upon which the tenure is built , continues . thus we see in the dissolution of monasteries , the tenure was extinguished . the same in bishopricks , as that of westminster , and others , where the corporation being dissolved , the tenure , as to them , was extinguished . i know very well they would not now be thought to sit ratione episcop . dignitatis , as bishops , but as barons . in that famous wrangle at northampton , touching becket , who should pronounce sentence against him , the bishops tell the lords , non sedemus hic episcopi , sed barones ; nos barones , & vos barones , pares hic sumus . fitst . cap. . col . . seld. tit. hon. part . cap. . pag. . we sit not here bishops , but barons . d we barons , and you barons are here peers , or equals . not meaning by these words , that they were otherwise peers than such as their tenure made them , which was only to hold in cap. sicut baroniam , or in the nature of a barony ; for although that tenere per baroniam , & sicut baroniam , perhaps are all one , neither of them imply a barony , but only the services of a barony , which the bishops , by their tenure , were bound to perform , as also the abbots . and i am the more confirmed in this opinion , because i do not find that any examination was made what their possessions were , nor of how many knights fees they consisted ; but were they more or less , the tenure was the same ; whereas 't is probable the possessions of some were above twenty knights fees , the rate of an earl , others less than thirteen , yet still the tenure and peerage was the same . neither is any record , or patent produced , nor i think can be , where any barony was annexed to their possessions . 't is evident that out of one bishoprick , others have been taken , as peterborough out of lincoln , oxford out of gloster ; yet these bishops came to parliament , and still under the same tenure and service . in edward the sixth's time , cranmer had his episcopal dignity during pleasure , was he then a baron at will ? we may safely conclude from the complaint of all historians of those times , that tenure in capite , and their services , which arose by it , was put upon them e as a burthen , not as an honour , but imposed upon them to make them know they were subjects , which they could hardly be brought to believe , having such dependance upon rome . yet was it not thought fit wholly to exclude them from all councils , and therefore this expedient was found out , that they should hold their lands by doing such services as barons did , and sit amongst them in parliament in the nature of barons , which they improved afterwards to the appellation of themselves by the name of barons , but never could to equal priviledges with those persons who were truly such . petrus blesensis , in his tractate de institutione episcopali , hath these words , which i have occasion to cite more at large towards the end of this treatise , pag. . quidam episcopi , regum munificentias , & eleemosynas antiquorum , abusivè baronias , & regalia vocant , & in occasione turpissimae servitutis se ipsos barones vocant . some bishops abusively call the bounties of princes , and the alms of their ancestors , baronies , and royalties ; and taking occasion from that base slavery ( he means certainly the slavery in performing those services put upon them by their tenure ) call themselves barons . this he much , and largely inveighs against , from all which , it may reasonably be collected that they gave themselves that title , rather than that it was given them by the king ; who yet sate in parliament together with the other barons , not as a distinct estate from them , but involved with them as part of a third estate , which was intirely represented in convocation . for it seems to me very clearly , that they never were a distinct estate in parliament ; if by parliament you understand that part of it which consisted of counts and barons ; yet were they the chief and principal part of a third estate in parliament in respect of the convocation , which began , continued , and ended with it ; and where their debates , gifts to the king , and other transactions bind only their own body . neither is it reasonable to believe them a third estate here , otherwise than they are so accounted in other parts of the world , to wit , a part of that body the clergy , who being a select portion , or lot of the lords , and embassadours of christ , look'd upon themselves as not accountable to any secular tribunal . neither is it material whether they sate mixt with the laity , as perhaps they have sometimes done , for this cannot alter their being a third estate , as clergy-men , let their votes be gathered together , or apart . indeed i cannot see how it is possible they should be a third estate in that house where they sit among the lords ; for besides their unwillingness to own that they sit as bishops , but as barons ; i would fain have any man tell me , how it comes to be so . dr. heylin will tell you that clerus was never taken for the bishops , distinct from the other clergy : by what title do they then claim it ? by any grant from the king that should be produced by usage or allowance ? that 's denied . nay , the impossibility is manifest : for i conceive by law , the king cannot make an estate , for if he could , he might make a fourth , a fifth , or a sixth estate , and require consent from them all to the making any law which would alter the frame of the government . mr. prin hath very well proved them to be only a third estate in convocation , from the manner of penning their grants there , ( to wit ) by the name of prelates , and clergy of the province of canterbury and york — orderly assembled in a provincial synod , or convocation — may be ratified , and confirmed in your highness's courn of parliament — with the assent of the lords spiritual and temporal , not prelates , and clergy , as in their grant : prin. fourth part of his kalender , p. , . to these i might add many more authorities caudrey's case cook part . p. . clerus & tota gens laicalis ; but these eare enough , and i take it a full answer to his several records urged to that purpose , and for explanation of the author of the letter , who when he saith they are a third estate of the kingdom , not of the parliament ; that is to say , not in that house of parliament where they sit mixt with the temporal lords . but should i admit them a third estate in the lords house , as this author , and others contend they are , and so a distinct estate from the lay-lords , what colour can they then have to judg a peer upon an impeachment for life , when themselves , tho they sit among them , are a distinct estate from them , and so no way their peers , which i take to be a very strong argument ad hominem . i have thus past his first assertion ; and given answer to his conceit of their being a third estate in the lords house ; if by it he mean an intire third estate , and not a part of it , as i said before . for when they act in convocation , they act with the rest of the clergy , as an intire third estate , can they , that is , the bishops in the lords house , be more than part of a third estate ; where they vote not as bishops , but as barons , as themselves would have it ? certainly , we must not shut out the convocation to represent the clergy : if then the bishops in convocation represent but a part of the clergy , how they should be an intire representative of them in another place , whilst both are in being , is to me a riddle . let us now come to his argumentative part . after he hath climbed a ladder of five steps , he comes at last to this conclusion : that to sit in iudgment with the lords is not against magna charta . what if this shall be granted him ? doth it thence follow , that they are such peers as are enabled to try those in capital cases who are enobled in blood , and have inheritable baronies in themselves by creation ? magna charta is a general charter , which directs the proceedings in the tryal of all men by their peers . who are peers to one another , is not there the question ; neither doth the author of the discourse of peerage make any other use of it . the ancient canons forbid them to meddle at all in secular affairs : if therefore the indulgence of kings have admitted their presence in parliaments in some cases , doth it thence follow , that they have right to be there in all cases , or to try peers for their lives , to whom they are no way equal ? the author proceeds , and , in the next place , insists upon the forms of their writs , which are of the same kind with those of the other barons , which being not limited nor restrained , neither ought their power so to be . the weakness of this argument is very apparent ; for , by this he may infer , that the judges and some others had the same right : for , mr. elsing in his modus , pag. . hath observed , that the writs were alike to the lords , to the judges , and some others , in diverse years of ed. . in most of ed. . and many of ed. . but the words of these writs , though general , were to be interpreted by the practise of the court , and not contrarily . again , there is a great deal of difference between giving counsel in difficult matters , according to their writ , and trying men for their lives ; an employment no way proper for messengers of peace , and preachers of glad tidings . lastly , the earls and barons are consiliarii nati , counsellors by their birth , and so have a natural right to give counsel in all affairs being once assembled in parliament ; and for that reason , upon the death of the king , the nobilitas major have all equal right to meet in council , in order to a successor , so have not the bishops ; nay , though privy counsellors , their commission ceasing , they have then no right to come into council with the other lords . in the next place he saith , men as certainly dye by bills of attainder , where the bishops have an undoubted right to vote in their legislative capacity , and therefore to vote in cases of blood is not incompatible with their function . to this i answer , the cases are very different , as well to the matter of the law as the reason of it . for first , custom or whoever gave them right to sit in the lords house , in the nature , or amongst the temporal barons , though ecclesiastical persons , did not restrain them as to their concurrence in the making new laws , yet very well might as to their judging in some laws already made : so that the one is agreeable to the laws of the kingdom , and the laws of parliament , and the other not so : and if any thing in that particular had been contrary to the holiness of their calling or their rules of living , it had been fit for them to have informed the king and lords , and not for them to take notice of it otherwise . nay , in that very case , when that bill shall come to be passed into a law , by the king , the lords spiritual ought to absent themselves , as it was held by mr. bagshaw , a reader of the middle-temple , in the time of arch-bishop laud , by whose power , he was then prohibited from farther proceedings in his said lectures . rush. hist. collect. part . pag. . secondly , the passing a new law , be it what it will , doth not immediately , but by consequence may concern blood. now the bishops , who are always supposed to incline to mercy rather than severity , may perpetually , with a good conscience , hinder the passing such a bill as shall punish a delinquent with death who had not capitally offended before . but , when once a man is capitally impeached for transgressing a known law , and issue joyned thereupon , 't is not now in their power , with a good conscience , to acquit the guilty , because they must there opine according to the proofs before them , which is a very strong argument why they might be permitted to be present in the one case , and not in the other . lastly , if this way of arguing were good , it would follow , that the commons ought to have equal power with the lords in all other cases , because they have with them an equal power in passing bills . the néxt section consists in blaming the insinuation of his adversary , who saith , their medling with secular affairs was against the apostles practise , though in a matter concerning the church ; mentions the rescript of honorius and theodosius , and so passeth that point . in which , it appears he insinuates no more than william the first ordained , who appointed that they should meddle with nothing but what concerned the rule of souls , and govern themselves according to the rules of the church , so that you see the canons of the church were considered in their admission to sit . what he saith in opposition to this , is , that it is a part of god's service to do justice and mercy , and to attend the publick affairs of the kingdom , when they shall be thereunto called : that the bishops now are not under the same circumstances the apostles were when the christian church was to be planted , and now when it is constituted : that the apostles travelled from place to place , which the bishops are not now bound to do : that the clergy are one , yea , the chiefest of the three estates , and therefore reasonable they should be concerned in the affairs which concern the whole nation ; and after that , produces examples out of the practise of other nations : ( which at best signifies nothing to ours ) neither is what he saith any way argumentative to his advantage , except he had first proved that he that first appointed them to preach the gospel , and attend the affairs of the church , did not think that employment enough to spend their whole time in . and although the apostles , who were messengers , did go about their errands to several places whither they were sent , it doth not appear that st. james , who was a bishop , and not an apostle , except we shall call him the thirteenth , ever parted from jerusalem , but attended the business of the church there . but , since this author hath thought fit to put us upon this question , let us examine it a little higher . 't will be undoubtedly agreed on all hands , that our saviour did not delegate to others a greater power than god had given him the exercise of to himself . but it is clear in the case of the young man , luke . . who would have had him command his brother to divide the inheritance with him ; man , who made me a judge , and a divider ? that is , none hath made me so , because his kingdom was not of this world ; that is , consisted not in secular things . the next place i shall remember , is ep. tim. chap. . vers . . no man that warreth intangleth himself with the affairs of this life , that he may please him that hath chosen him to be a souldier . hugo grotius upon this place will tell you , that this is a similitude taken from the roman law , which would not suffer any souldier to be employed in any affairs , but military , quotes the law and the practise ; tells you out of florus , that posthumius , a man of consular dignity , was punished for appointing his souldiers to assist him in his field . 't is true , the words are general , but being applyed to timothy , who was then employed in a spiritual course of life , they cannot think to please him who set them on work , if they be engaged in secular matters , which have not some immediate reference to the church : and , i believe no temporal prince would take it well that his ambassador should engage himself in the affairs of any other prince , without his particular commission . this sense is generally embraced , though in our question we exclude not all secular matters , but blood only . the third place i will mention , is the seventh and eightieth apostolick canons , 〈◊〉 , presbyter aut diaconus nequaquam seculares curas adsumat , sin aliter dejiciatur . let no bishop , presbyter , or deacon , at any hand take upon him the care of secular things ; and he that doth , let him be deposed . i suppose here are some testimonies more than a thousand years ancienter than any council of toledo , against their medling in blood : for , qui includit omne excludit nihil . if all secular employments be forbidden , then the medling in blood is not excluded . it cannot seem to me reasonable , that we should use those arguments as bishop davenant and others do against the usurpation of the pope , in things of this nature , which may with as much force be retorted upon our selves . i am not ignorant what is usually replyed by men of a contrary judgment , and hath been learnedly and candidly put together by the author of the honour of the lords spiritual asserted , who hath written with more clearness and equal reason , i think , to those of that side who have come after him . far be it from me to envy the honour of the clergy in their several degrees and orders , or to think the ambassadors of god should live basely or sordidly and not be used with all due respect among men . neither is it any way reasonable , that they who in an afflicted church lived upon the general contribution of the saints , should be put to such streights in a flourishing one : but all this is to be understood with that necessary limitation , that no employment should take them off from their main business , the care of the churches committed to their charge . if they can satisfie themselves that their spiritual work is not enough to take up their whole time , let them in god's name be engaged in secular offices : but i think if the greatest part of their power were not transferred to their chancellors and lay-officers , there would be time little enough left them for secular things . i remember to have read in a book called il nipotismo , ( the design whereof is to shew the corruption of the church of rome in the matter of their nephews ) that about years after christ , when the clergy began to appropriate lands to the use of the church , they began to grow proud , covetous , and negligent in their over-sight of the churches : to the same purpose you may peruse a book of father paoles de materie ecclesi●… . and truly , this is the general complaint of petrus blesensis ( an author our learned adversary makes some use of ) in many of his epistles and sermons , insomuch , that i wish there were not truth in that report , that upon the too great splendour of the churches , poison was sowed among them . certainly this kingdom hath given them a great share in the government , which hath not only allowed them the first rank in the estates of the nation , but hath by law made them appear to be so in the convocation , where they have both an upper and lower house ; where they give subsidies , make laws for the church , and where a part of them sit among the lords , not only to press the allowance of those laws by the civil power , but also to have their share in making new ones . this , one would think were enough to content them without desiring to have a judicial power in cases of blood , which i doubt not to prove is by law forbidden them . but , i fear the charging this desire upon them is rather an artifice of their enemies , who by assixing this calumny upon them , which indeed is not their design , labour to lessen them in the estimation of the world , and by that means bring into contempt both their persons and callings . many examples i confess are given , where christian emperours and princes have made use of the service of bishops as counsellors , chancellors , and chief justices , and the like ; but upon examination it will appear , that as to our own kingdom , the offices of these persons were much mistaken . the office of capitalis justiciarius angliae , was not to sit and judge causes among associates , as at this day , but was the chief officer of the nation , had the appellation of prorex ; and had power , in the absence of the king , to displace any officer of the cinque-ports , and to do any thing as vice-roy and protector of the kingdom ; of which , see at large sir henry spelman's glossary , in the word capitalis justiciarius . upon examination it will be manifest , that when they sate in any such places , their service rather was to direct the conscience , to make amicable ends of controversies , to preach peace to others , and pursue it themselves , till the subtilty of rome turned religion into policy , and destroyed the power of it . how far the edicts of princes were binding , is not my task to enquire , but only how far that of their not medling in blood was a part of the law and custom of this kingdom , and observed here . but , what i have said in this chapter , especially as to the baronies of bishops , i have delivered by way of proposal , not determination , and upon a clear answer of my reasons , shall be ready to retract any thing i have written . chap. ii. i come now to the examination of his second chapter , in which , the recognitions made at the parliament held at clarendon , come under examination , together with the protestation made r. . i call it a parliament , because i find it generally so esteemed by our best lawyers , and i think denyed to be so by very few . mr. selden calls it that great parliament at clarendon , tit. hon. part . . ch . . p. . the first edit . in fol. coo. . instit. ch . . p. . and in many other places . hoveden saith , there met clerus & populus angliae . where note , he makes clerus comprehend bishops , abbots , and all ecclesiastical persons , and populus both lords and commons , contrary to what dr. brady hath asserted , but very weakly proved . but before i enter into a more narrow examination of this statute , i think it not amiss to give a short account of the history of those times , from william the first , to the tenth year of hen. the second , when this meeting was , with relation only to the king and the church . it will not be denyed , that william the first disclaimed all title to the crown of england by conquest , and swore to observe the laws of edw. the confessor , which were our laws before : yet notwithstanding , it is generally agreed , that he erected tenures in capite , and baronies , and that amongst others he obliged the bishops who before held their lands in frankalmoign , to do service to his courts , and to hold their lands in cap. sicut baroniam , and not to make their so frequent appeals to rome , and journeys thither , without his license , being a thing contrary to the known laws of his kingdom ; which is made evident by sir edward cook in cawdryes case , and sir roger twysden in his vindication of the church of england , in point of schism . these were the servitutes ecclesiasticae , and the pessimae consuetudines , so much complained of by mat. paris and other monks of that age. but however , so it stood during the times of will. the first , will. the second , and hen. the first ; after whose death , stephen , without any right , ( and contrary to their oaths made to maud , daughter to henry the first then alive ) by the aid of the bishops gets into the throne , and by their power , was kept there till a composition was made with maud. in recompence of this their breach of oath , stephen frees them and the rest of the clergy , from answering in any other courts but ecclesiastical : by which , they now look'd upon themselves as free from the secular power , because they were answerable for no offences , but in their courts . in this state of things stephen dies , and hen. the second , son to maud , according to capitulation , is received to the crown ; who , after he had setled his affairs in normandy , resolves to do the like in england : but , fearing some opposition to his designs might arise from the clergy , he first calls together an assembly or council at westminster , in the ninth year of his reign ; where he propounds , that all such of the clergy as should be taken , and convicted for any heinous crime , should lose the priviledge of the church , and be delivered to the civil magistrate , to be punished for their offences , as other the kings subjects were . to this , the arch-bishop becket , with the rest of his brethren , refused to give their consent , as being against the liberties of the church , which were confirmed to them by king stephens charter . this answer put the king to a second question ; whether the arch-bishops and bishops would submit themselves to the laws and customs observed by them in the time of his grand-father , henry the first ? they answered equivocally , they would ; their order , the honour of god , and the holy church in all things saved : with which answer , the king was more enraged . but , the news of this breach coming to rome , the pope writes , and sends a messenger from rome , charges the arch-bishop to make peace with his lord the king , and to promise to observe his laws without exception . the arch-bishop thus humbled , repairs to the king at woodstock , and there promises to observe the king's laws so far forth as was required . upon this submission , the king , having before broken up his council at westminster , summons this parliament to meet at clarendon , in the tenth year of his reign , where he gives in charge , that they should call to mind , and put in execution and writing the laws of his grand-father , henry the first . of which , these following were the chief . first , that there should be no appeals to rome without the kings leave . that lay-men might handle cases of tithes . that no arch-bishop or bishop should excommunicate any person who held of the king in cap. or interdict any official of his without his leave , &c. the eleventh of them was at large what we have now under consideration ; which i shall repeat and translate as it ought to be , by and by . but , by this short relation i have made of the history of those times , it may appear plainly , that their yielding obedience to the known laws of the kingdom in matters of appeal , appearing and answering in the king's courts , ( though it were the ancient usage and custom of the realm ) was the thing that most vexed them , and not how far their presence was required in cases of blood , brought into parliament , in which they were contented to be limited by the usage of that court , and to afford or forbear their presence , according to that obligation which was incumbent upon them from the canons of the church , invigorated by the constant usage of the nation . if therefore , i can make it good , that the bishops had no right to be present in the debate , and handling matters of blood , and that that was the known law , and the sense of this act now before us , and of the subsequent protestation in . of r. . i shall think my self competently safe , though some seeming precedents and records should be brought against me : for , it is the law must be the measure and standard of our actions , and not always records ; the reasons whereof , are sometimes obscure , and the matter it self many times shortly rehearsed , and not always legal . i must confess , this author hath much laboured to fix a sense upon this article subservient to his purpose ; but the more he struggles the more he is intangled . 't is worth observation , that four or five , i suppose , different persons , have written in the defence of the bishops right to vote in capital causes in parliament ; and having all of them a necessity to say something to this law of clarendon , do all of them give different interpretations of the meaning of it : a great argument of a weak cause . the first , whose title is , the honour of the lords spiritual , &c. i presume being satisfied with the general sense which was put upon these constitutions from all times , from which it is always unsafe to vary , and perceiving that those illegal priviledges granted to them by king stephen , were , by the reviving the laws of henry the first , abolished , doth ingeniously confess in three places , pag. . at the end of the sixth chapter , and in the same page at the beginning of the seventh chap. that at clarendon their wings were indeed much clip'd , yet the priviledge of sitting and voting in parliament , is left intire to them ; and tho' they never of late voted in capital cases , yet they have ever made their proxies , as he hopes to make appear . in chapter the seventh he hath these words , we confess as before , for that they were spiritual persons , they were not to sit in capital causes and loss of limb ; but adds , that long before they had exercised this power . by which words , it appears , that in the judgment of that author , whatever their power and practice was before , yet that now by the laws of henry the first recognized , at this parliament at clarendon , that power was taken away , and not since practised . that they had such power before , he endeavours to prove out of compton and spelman , neither of which authors , make good any more , than that the bishop was assessor with the earl in the county-court ; which was only to advise him in point of conscience ; not much unlike the offices of our surrogates , who sit in consistory with the bishops chancellor , in whom we know resides all the power . that this is so , appears by the laws of edgar , put out by mr. lambert , who in his fifth chapter hath these words . centuri●… comit●…is quisque●…t antea praescribitur interesto — celeberrimus autem ex omni sa●…ia bis quotannis conventus agitor : cui cuidem illius diocesis episcopus & senator intersunto , quorum alter jura divina , alter humana populum edoceto . by which , we see 't was the office of the bishop to direct the people in divine laws , as it was of the senator or earl to teach them humane : of the same opinion is sir edward coo. instit. p. . stat circumspecte agatis . lastly , chap. . pag. . he mentions the council at westminster , that in regard they might not agitare judicium sanguinis , they had many times forborn to meddle in such matters . the whole chapter is concerning bills of attainder : now whether he meant that in such cases they did sometime absent themselves , let himself explain . this author not fore-seeing the advantage would be made of these constitutions , or else , hoping to help himself upon the power they had to make proxies , doth ingeniously confess the truth , but is deserted by all those of his side who follow him . the author of the rejoinder , p. . tells you , that the constitutions of clarendon permit the bishops to be present , and vote till it comes to loss of life or member , which is not till the passing of sentence upon the prisoner . i believed the loss of life and member was the execution , and if they may be there , and vote till then , they may be present as long as any other ; for when that is given , all go away : but , if his meaning be that they should go away when the sentence is to be pronounced , the precedent words will not bear that construction : so that according to him , this is rather an imping than clipping the wings of the bishops , as the former author affirmeth . beside , this exposition is contrary to the votes of the lords , who tell you , they must go away when their lordships proceed to voting guilty or not guilty , which is before the definitive sentence , which is always given in the presence of the prisoner , the other not . vide iournal of parl. pag. . maii , . in which , they explained a former vote , made by their lordships , maii , . in which , they had voted that the lords spiritual had right to stay in court in capital cases , till sentence or judgment of death came to be pronounced : by which , you see the house of lords have disowned that sense our late interpreters would put upon the words of this constitution , though themselves before had given colour to that interpretation . our third author , intituled , the rights of the bishops , fairly passeth over this law , only tells you , that a bishop pronounced sentence against becket in case of treason , as fitztephen , a grave author , saith ; and farther tells you , that though the prince may indulge many priviledges to his clergy , as this of not compelling them to vote in parliament in cases of blood , where by the canon law they are prohibited , yet that law , must yield to the law of the land , ( but how if the canon law be part of the law of the land , what 's then to be done ? ) which cannot devest the king of his right of using his subjects , clerks , or not , in any places or employments he shall think fit to employ them in ; or in which he may think them capable of doing him or the publick any service . this i confess is plain dealing , and i wish it were not too much the sense of some of our greatest clerks , that let the law be what it will , it cannot bind the king's hands from making use of any of his subjects in what he pleases , though the employment be forbidden by law. this is the meaning our third author gives of this constitution ; and much good may it do him . our last author , in his grand question , comes next to be examined , in which i shall be more large , because in him is concentred what the rest have said , and his cause defended with much learning , and variety of reading . he names the constitutions of clarendon , and the protestation in r. . as the two main laws against him . the constitutions of clarendon ( which were no more than a recognition of the ancient laws and customs of england , not made , but revived by hen. the first , and now confirmed by his grand-son hen. the second ) he considers as the most material , and is content this cause should stand or fall by them . he tells you , the constitution in debate is the eleventh in number ; of which , the words are , archiepiscopi episcopi , & universae personae regni qui de rege tenent in capite , habeant possessiones suas de rege , sicut baroniam , & inde respondeant justiciariis & ministris regis , & faciant omnes consuetudines regias : et ficut ceteri barones debeant interesse iudiciis curie regis quousque perveniatur ad diminutionem membrorum vel ad mortem . after the words , he gives us the translation of them , made by the author of the letter , in the following manner . the arch-bishops and bishops , and all the dignified clergy of the land , that hold of the king in capite , shall hold their possessions of the king , as a barony , and answer for their estates unto the king's justices and ministers , and shall observe and obey all the king's laws : and , together with the other barons , they are to be present at all judgments in the king's courts , till it comes to require either loss of life or member . but , pray sir , why did you not rather give us a translation of these words of your own ? if the author of the letter have made an imperfect translation , why did not you mend it ? i believe , if this author had found it would have advantaged his cause , some exceptions would have been taken to the translation . i shall by and by give the reader a full account of the true sense of the whole period ; but will first make appear the unreasonableness of the exposition he makes of the last clause of it . et sicut caeteri barones debent interesse judiciis curiae regis quousque perveniatur ad diminutionem membrorum , vel ad mortem . the meaning he conceives to be , that the bishops are required to be present in the king's courts as other barons are , till they come to give sentence , as to dismembring or loss of life . why he translates curiae regis in the plural number , the kings courts , which is in the singular the king's court , and in this place , hath always been understood of the high court of parliament , in which , the other barons had an interest to be present as judges , and in which sense , it is very often taken , as is made clear by mr. petit , in his learned discourse of the ancient rights of the commons of england . pref. pag. . out of gervasius dorobornensis . pag. . who speaking of the election of arch-bishop lanfrank , hath these words ; eligentibus eum senioribus ejusdem ecclesiae cum episcopis ac principibus clero & populo angliae in curia regis , in assumptione sanctae mariae : and another author saith , it was consensu & consilio omnium baronum suorum , omniumque episcoporum & abbatum totiusque populi angliae commisit ei dorobornensem ecclesiam . that this was a parliament , we have little reason to doubt , and that it was called curia regis . see also inter com . t. hill. e. . penes remem . in scacc. . & h. . mem . . . in dors . rot . claus . consideratum fuit in cur. nostra & toto parliamento nostro , &c. wherein , cur. regis , & totum parl. are but expressive of the same thing , and not two courts , as i think : i very well know , that curia regis had various acceptations ; sometime it signified that court of justice that at those times followed the king's person ; sometime it was taken for aula regis , where entertainments and feasts were made , as we read often in our historians ; but , i take it here to be understood of the high court of parliament , for the reasons before touched , and many others , if any shall seem to doubt of it . next , why doth he leave out judiciis , whereas the words are , the bishops , as the other barons , ought to be present judiciis curiae regis , in trials in the king's court , ( viz. the parliament ) he renders they are to be present in the king's courts . to help himself under the covert of an ill translation , savours not of that candour justly to be expected from so learned a person , and one that seeketh after truth , rather than victory ? but , since this author is a subtile and no loose writer , give me leave to guess at the reason of it . he saw plainly , that had he fairly rendred the words [ the bishops as other barons , have right to be present in all causes , sentences , or judgments in the king's court , or parliament , till the cause , sentence , or judgment come to concern life or member ; the word judiciis , in the plural number , must have referred to other judgments in other cases , and then the latter clause [ till judgment , or sentence came to concern life or member ] would have been clearly restrictive as to cases of blood ; for , to be present at the judgments of the court till judgment , is non-sense , except the words be applyed to different cases . now , this interpretation would have quite destroyed his main undertaking , who at last gives a sense of the words , not only coincident with that given by the author of the bishops rights , to which i have before spoken , but contrary to the votes of the lords in parliament ; who , though they seem to admit their presence in the hearing such a case , yet will not admit them to have any part or voice in the judging of it . beside , i must needs take notice , that 't is a strange translation of the words , quousque perveniatur , or , in judicio perveniatur ad diminutionem membrorum vel ad mortem . till they come to give sentence ; when the words more naturally import , till judgment may be fulfilled in the cutting off of member , or life ; which is execution . but , i shall anon give him a more proper translation of the words : in the mean time , will consider all his subterfuges and cunning evasions , by which he would give colour to his interpretation . first , from the occasion the author of the letter , pag. . had said . the prelates affected a kind of omnipotency . ( he conceives the author means in judicature ) and i conceive he made that supposition , because he judged it for his advantage to suppose so : not that the thing was true , or that the author of the letter gave him any cause to take up that fancy . their affectation of omnipotency was not to be freed from that part of the law of the land which was agreeable with the laws of the church , which they were content to submit to ; but their desire was , to be freed from those they thought were against them , to wit , to do service to the king , for their lands , to answer to his justices and ministers , to be subject to the secular power for any crimes they should commit . these were the things they stormed at , and were the ecclesiastical bondage and the wicked constitutions matt. paris , and other historians of his time so much exclaimed against , because they would have had all their affairs transacted in their own courts ; so that our author need not have spent ten pages , to prove what no body affirms . much of the contests between the king and clergy arose from the charter granted by k. stephen , anno . that all persons and causes ecclesiastical should appertain only to ecclesiastical judges ; which charter , whatever stir they made about it , according to our author's logick , was void : ( for maud the empress , daughter to henry the first , third son to william the first , and so right heir to the crown , was then alive , to whom the bishops and people had sworn obedience ; and therefore king stephen was as much an usurper as hen. the fourth . ) this charter was the latis offendiculi , the stumbling stone they could not escape , and the meer restoring now at clarendon the ancient laws and customs confirmed to the people by hen. . was what gave them the greatest disturbance ; not that they affected any omnipotency of judicature , at least in cases of blood : insomuch , that our author had no reason to pin a sense upon the words of the author of the letter , to which , he had no inducement from any words of that author . having done with the occasion , we come now to his second enforcement of his opinion , viz. the plain meaning of the words . first , he quarrels with the copy , the author of the letter follows , taken out of matt. paris and wendover , who notwithstanding , in mr. selden's opinion , have best preserved the meaning of this constitution . seld. tit . hon . part . pa. . . though i do not grant his vatican copy , following , as he saith , gerv. doroberniensis is better , yet for once i am content to follow his copy , and admit the words in judicio to be inserted , which are left out by matt. paris , yet i think necessarily implyed ; but shall never yield to his unwarrantable construction of them , which in conclusion amounts to this . that the bishops were bound to be in the kings courts in all judgments , till it came to sentence of loss of life and member , and then they might go out , in obedience to the canons of the church , if they pleased , to which they pretended themselves bound in conscience to give obedience ; and that for this reason , the pope marked this constitution with a hoc tolerandum , the others with hoc improbandum . i confess , i think the interpretation of these words contrary to their natural sense , and contrary to the opinion and practise of former times , who have always understood them to import , that the clergy ought to be present in all tryals in parliament , except in tryals of blood. but , before i proceed to make good the true sense and translation of these words , it will be necessary to explain the signification of some of them . first , quousque usque quo , dummodo , praeterquam , are often times indifferently taken , as signifying the same thing , and are limiting , restraining particles , and used as exceptions to something which went before , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 till what time , till when , so far forth , except when , or the like . secondly , iudicium signifies properly a tryal at law , a case , a suit , or process , and is not taken for a definitive sentence , except when it is delivered as the opinion of the court , resulting upon a precedent tryal had before others ; in which , he that pronounces sentence hath not , or very rarely , more than a directive power , and do's not give his own single opinion but the sense of others , in matters debated . actiones quarum causa in jus quisque vocatur quandoque dicuntur judicia . ut in l. in bon . fid . . de usuris l. . c. tit . . l. mora s. in bo . fid . theophilus refert in s. . de act. quas athenienses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicebant & budaeus notat . in communi lingua graeca per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 generali nomine dicebant litem , actionem , paenam , mulctam & judicium , to wit , the whole proceedings . iudicium est legitima disceptatio duorum , aut plurium coram judice cale . dict. calv. lex . juridcirca finem . to the same purpose . by these authorities and many more , 't is plain , that judicium , judgment , comprehends the whole proceedings in any cause , and not the sentence only . pervenio signifies to arrive at , or the accomplishment , or bounds of any thing ; as pervenire ad metam is to arrive at , or come to the goal . ovid speaking of the return made by the eccho , hath these words , verba refert aures non pervenientia nostras , words that arrived not at our ears , they came not to the terms or bounds designed . so pervenior , in the passive voice , must signifie to be arrived at , or accomplished in . that judicium in our case must be taken in the sense i have given , i shall evince from the general opinion of lawyers . i shall begin with magna charta : the words there are judicium parium , and understood of a tryal by his equals . the question which is asked the prisoners after their plea , is , not who shall give sentence upon thee ? but how wilt thou be tryed ? and they that give sentence are not those that try them in criminal cases : nay , their appealing to a tryal by them , is accounted a standing mute . the next authority shall be from the council at westminster , in the . year of hen. . no more than twelve years after the assize of clarendon , and as hoveden saith , taken out of the . of toledo , and summoned as gervas of canterbury saith ; in hoc consilio ad emendationem ecclesiae anglicanae , ex assensu domini regis & primorum omnium regni haec subscripta promulgata sunt capitula . amongst which , this is one . his qui in sacris ordinibus constituti sunt judicium sanguinis agitare non licet : unde prohibemus ne aut per se membrorum truncationes faciant , aut inferendas judicent . that such as were in holy orders should not agitate or meddle in tryals of blood as a thing unlawful : for which reason , they are prohibited from cutting off any member themselves , or from giving their opinions or judgments that such punishments ought to be inflicted . this synod we see was not only a meeting of the clergy , but with them of the primores regni , and the determinations promulgated by their assent and the assent of the king : for the lay-men did usually meet with the clergy in their councils , in those days . to which purpose , see a tractate of a late learned writer , in his iani angl. fac . nov . pag. . which came not to my hand till very lately . now , whether this agitation of the clergy , in matters of blood , had reference to the ordinary courts of justice , in which they might not be present , or to all in general , is not material , since it is only produced to shew the meaning of the word ; and certainly , if it be inclusive as to those courts , it is not exclusive to any other . and agitation in tryals being naturally before sentence , agitation in tryals must extend to preliminaries . let us now come to the constitutions of arch-bishop langton in linwood . 't is first found , lib. . tit . . ne clerici vel mon. fo . . ult . edit . praesenti statuimus decreto , &c. nec jurisdictiones exerceant saeculares , praesertim illas quibus judicium sanguinis est annexum . his quoque duximus adjungendum , ne scilicet judicium sanguinis in locis sacris tractetur , in ecclesia videlicet , vel in caemeterio . authoritate quoque concilii districtius inhibemus ne quis clericus beneficiatus , vel in sacris ordinibus constitutus literas pro paena sanguinis infligenda scribere , vel dictare praesumat , vel ubi judicium sanguinis tractatur , vel exercetur intersit . the sum of all which is , that no clergy-man should exercise jurisdiction in any cause to which sentence of blood was annexed . that no causes concerning blood should be held in churches or church-yards : lastly , that they should not be interessed where causes of blood were handled , nor should presume to write , or dictate such sentences to be inflicted . to the same purpose are the constit. of othobon . ne cler . advocat . tit . . p. . let him look upon his own authority out of hostiensis , protestatio in judicio is meant of a protestation in a suit , or process . i am sure these are testimonies more than enough , to shew the true meaning of judicium among lawyers , which is the only end for which i have produced them . i shall now come to the true translation of the words , but shall not follow mr. selden ; and after him , the author of the letter , in rendring universae personae regni , all the dignified clergy : nor shall i allow of his criticism of persona or personatus , because , for ought appears to me , some clergy-men , who were not dignified might , by license from the king , purchase lands held in capite sicut baroniam , and thereupon , think themselves exempt from this law. having thus far cleared the way , i come now to the true translation of the words themselves , which are , archiepiscopi episcopi , & universae personae regni , qui de rege tenent in capite habeant possessiones suas de rege sicut baroniam , & inde respondeant justiciariis , & ministris regis , & faciant omnes consuetudines regias . et sicut ceteri barones debent interesse judiciis curie regis , quousque perveniatur [ in judicio ] ad diminutionem membrorum vel ad mortem . in english. let the arch-bishops and bishops , and all persons whatsoever of the kingdom , who hold of the king in capite , have their possessions from the king in the nature of a barony ; and by reason thereof , let them answer the king's justices and ministers , and perform all royal customs . and in like manner , as the rest of the barons 't is their duty to be present at all debates , process , or proceedings in the king's court ( viz. the parliament ) till what time , so far forth , or except when in the tryal , debate , or process , the loss of life or member may fall out to be the upshot or conclusion of the case , or the matter put in issue . in plain english , in all cases where the issue or conclusion may fall out to be ended in loss of life , or member , they are by this law to be absent . now i hope upon issue joyn'd , if the impeachment be of a capital crime , the conclusion or upshot may happen to be found to concern life or member . and that this is the true sense and construction of the words , i dare appeal to any man , who is so far master of the language , as not to think fit to consound moods , tenses , and numbers , at pleasure , as this author seems to do , when he reads curiae regis the king's courts , which being in the singular number , resers only to the king 's great court , the parliament , the king's courts in the plural . perveniatur in the potential mood , when such a thing may be brought to pass , with pervenitur in the indicative mood , when such a thing is brought to pass , that is , as he erroneously translates , till sentence comes to be given . and the authorities before-cited evidently shew , that the writers of those ages understood the law in that sense . to which authorities , i shall now add the opinions of mr. selden , sir edward cook , mr. hakewell , and fitz-stephens , a writer of good esteem with our author . mr. selden , tit. hon. part . . ch . . p. . explaining these constitutions of clarendon , saith , that the meaning of this in question is , that the bishops were to sit in judgment with the rest of the barons in all cases , save in cases of blood. now , i hope , every man will admit 't is a case of blood before sentence , and that the barons sit in judgment when the matter comes to be treated of before them . sir edward coke , cap. de asportatis relig. cites the parliament of r. . where , by their own acknowledgment , they went out before any debate ; their presence being prohibited by the canon-law . mr. hakewel , in his mod. ten . pag. . hath these words ; therefore we see the presence of the bishops in parliament , in respect of their baronies , is , duousque perveniatur ad diminutionem , &c. for so , even unto our times , when question is had of the attainder of any peer , or other , in parliament the arch-bishops and bishops depart the house , and make their proctors . here you see they are to depart when question is had , &c. as to their making proctors i shall speak more fully hereafter , as also shall shew , that the canon law both by these constitutions and before them , was part of the consuetudines regni : yet this , by the way , appears plainly , that the desire of the cominons in r. . that they might make proctors , must have reference to the beginning , not the end of the tryal , when the naming them was useless . but let me not do him wrong ; for , pag. . he touches the sense i have given , but dislikes it ; viz. that the last clause is not to be understood of the sentence , but of the kind and quality of the cause : that is , they are to be present in the king's courts , till they come to a cause where life and member are concerned . this sense certainly is near the truth , but that he confounds the potential with the indicative mood . the words are , where life or member may be concerned , which he reads , are concerned , and so seems to refer them to the sentence which ought to be referred to the whole proceedings . in the last place , let us hear the sense his grave author fitz-stephens puts upon this last clause . after the appeal of the arch-bishop becket to rome , the king expostulates the matter with him ; asketh him why he would break his oath , so lately sworn at clarendon ? amongst which , hec una est ut episcopi omnibus ejus assint judiciis preterquam judicio sanguinis . that is , that the bishops should be present at all tryals , except when the tryal concerned blood ; where you see , he renders duousque by preterquam as indeed ●…sque quo , quousque , usque dum , praeterquam , have the same sense all restrictive . now fitz-stephen was undoubtedly at the parliament at clarendon , which was not above seven months before the meeting at northampton . fitz. ca. . col . . our author proceeds , and tells you , there is a great deal of difference between duousque perveniatur ad judicium mutilationis membrorum vel mortis , and quousque perveniatur in judicio , &c. i confess , i understand not this criticism , which however is not warranted by the authority of any copy ; neither can it be made capable of any good sense , except one not different to what i have given ; for if it were quousque perveniatur ad judicium , &c. i ask to what doth perveniatur refer ? i think most properly to curia regis . that is to say , 't is their duty to be present at all proceedings in parliament , until such a case may fall out where life or member may be concerned . for , we must not be permitted to fancy a sense of words , and then , contrary to all rule , wrest them to our own biass , and against the opinion of such as writ before us : neither are we to expect from these old monkish writers , such polite latin as tully writ , but take their meaning as others who liv'd nearer the time have done before us . so that i have done with this clause , when i have first told the reader , that i have translated debent interesse . 't is their duty to be present , because they would often take liberty to go away , or protest , or be troublesom upon several pretences : sometime the canons allowed them not when the law did ; sometime the liberty of the church was concerned , as appears by the statute de asportatis religiosorum , where they absented themselves . co. . inst. pag. . all these subterfuges were obviated by this statute , ( although perhaps not by them well observed ) which required their attendance in parliament in all causes where they were not prohibited by the received laws of the nation . now our author acknowledgeth , that the council of toledo was brought into england by lanfrank , in william the first his time ; which council , is put out in the second tome of the english councils , by sir will. dugdale and mr. spelman , as the work of sir henry his father . that council forbids their presence in cases of blood , which being , as he admits , received here as low as the conquest , made it a custom in henry the first his time , and an ancient custom in hen. the second , and now being allowed at the parliament at clarendon , to which they all swore , makes that custom or canon as much a part of the law of england , as any affirmative statute can , and so not to be repealed , except by as equal authority as that by which it first became a law , and was now affirmed as such . by what hath been hitherto said , i think it will appear competently plain to any unbiassed reader , that the word [ in judicio ] doth not refer , as he supposes , to that particular tryal then in court , as if it had respect to one period in the tryal , and left them at liberty to be present at all other parts of it ; but was restrictive to all tryals whatsoever which might have their conclusion in blood : and his allusion in the same page is as little solid . as suppose , saith he , charles the fifth had required the protestant princes to attend him to mass , as other princes did , only when the mass-bell tinckled they might withdraw ; would not any reasonable man believe by this that they were obliged to their attendance till then : so here the king commands their attendance till it comes to such a point ; therefore before it comes to such a point , their presence is plainly required by this constitution . this allusion or supposition doth no way answer our case ; except he had shewed us that there were different sorts of masses , in some whereof , the tinckling-bell sounded , in others not : and then charles the fifth had required their attendance at all masses , until such a mass might sall out in which the tinckling-bell was to sound ; here their absence would have been allowed during every part of such a mass. our case is the same ; some tryals there are in parliament which may concern life or member , others which cannot . now the statute saith , 't is their duty to be present in all tryals , until such a tryal happen in which life or member may be concerned . i hope here this restriction will have reference to the whole tryal , and not any particular period of it . i had not said this , the matter being sufficienttly cleared before , but out of apprehension , that some unwary reader might be misled by this author's subtilty , and believe there was weight where indeed there was none . but however , the words of petrus blesensis will give great light to the whole matter . this petrus blesensis was arch-deacon of b●…th , and the place cited is amongst his o●…ula , in the edition i have in quarto , and precedent to that other in folio . 't is in his tractate de institutione episcopali . pag. . ( or rather , y y for the pages are in my copy falsly numbred ; dedicated to the then bishop of worcester . the design of the whole tractate is to shew the duty of a bishop , and by the whole scope seems to be addressed to all bishops , and not to the english only . he lived in the time of hen. . for his . epistle is to pope alexander the third , from k. henry , about the rebellion of his son. the words are not in my edition , as the author recites them , principes sacerdotum & seniores populi . but , quidam principes sacerdotum , & seniores populi . not the chief priest and elders , but certain of the chief priests and elders of the people . by which , it seems to me , this could not be understood of an english parliament , because all the bishops had equal right to be present in parliament , and this is restrained to certain of them . secondly , i think seniores populi never comprehends abbots , priors , with lords and commons together : i know baronagium , clearus , & populus , are sometime so taken ; but i believe seniores populi never comprehends them all : so that our question being concerning their rights in parliament , if this be not meant of one , it will neither advantage nor prejudice me , but only shew how willing they were to break through all rubs when they could , in those times of their power , and the blindness of the people . the whole sentence by our author abridged to his purpose , is as followeth . illud coelestem exasperat iram , & plerisque discrimen aeternae damnationis accumulat quod quidam principes sacerdotum , & seniores populi , licet non dictent judicia sanguinis , eadem tamen tractant disputando , & disceptando de illis , seque ideo immunes à culpa reputant , quod mortis & truncationis membrorum decernentes , à pronunciatione duntaxat , & executione paenalis sententiae se absentent . sed quid hac simulatione perniciosius est ? nunquid definire , & discutere licitum est quod pronunciare non licet . in english. this doth exasperate the wrath of heaven , that certain of the chief priests ( or bishops ) and elders of the people , notwithstanding they do not dictate , or pronounce judgments of death , yet they handle them in their disputations , and discussions of the same ; yet notwithstanding think themselves free from guilt , because , though they decree the sentence of death , or loss of members , they only absent themselves at the pronunciation of the penal sentence . but what is more pernicious than this simulation ? is it lawful to discuss and determine what is unlawful to pronounce ? and in the whole treatise inveighs against the general neglect of the bishops in performing their duty , not confining himself to any place , and seems a prophetical description of the practise of the inquisition , afterward brought in by s. dominick . but if it were referred to the practise of some of the bishops and clergy of england , probably it may be meant of such as were made secular judges , or sate with the earls in the county court , where they perhaps were present at the discussion , though not at the sentence , which was left to be pronounced by the secular judge , till after the time of edw. . see edw. . c. . where it is ordained , that the justices appointed to take assizes , in every county where they do take as they be appointed assizes , shall remain together , if they be lay-men ; but if one of them be a clerk , then one of the most discreet knights of the shire , being associate to him that is a lay-man , by our writ shall deliver the goals of our shires . here we see their power , though justices , to meddle in capital cases was prohibited ; nay some records are in the tower , that when two have been commissioned as judges for the same circuit , the commission of the clerk has been restrained to common pleas ; that to the lay-man unlimited , see iani ang. facies nova . pag. . . shall we now believe , that what was prohibited to clerks in edward the first his time , was permitted to them in the high court of parliament in subsequent times ? i have given my reasons why i think seniores populi could not comprehend the abbots , priors , lords , and commons ; yet if any man will contend this was a parliament , then must seniores populi comprehend , amongst others , the commons and their proceedings to be in a legislative way , in which the commons could only meddle , and in which , we deny not the clergy to have their part ; so that this doubty precedent will no way serve our author's turn . his second instance to make good his assertion , is taken from the authority of will. fitz-stephen , a monk of canterbury , in mss. in sir rob. cotton's library , and some other private hands , in which he relates what happened to arch-bishop becket , in the contest between the king and him in the great council at northam ton , called soon after , becket's obstinate carriage at clarendon : in which relation , among others , that author hath these words . secunda die considentibus episcopis comitibus barenibus angliae omnibus norpluribus roffensis episcopus , & quidam alius nondum venerat . archiep. lesae majestatis coronae regiae arguitur ; quia ( se ) ut supra narratum est à rege citatus ro causa johannis ( to wit , iohn the marshal ) neque venerat neque idonee se excusasset . archiepiscopi depulsio nullum locum habuit . allegata tamen johannis supradicti injuria , & jurisdictione hujus causae propria , & curiae suae integritate ; rex exigit judicium . archiepiscopi nulla ratio est approbata . then after much debate who should do it , judgment was pronounced by the bishop of winchester , which ended in the confilcation of all his personal estate . the sum of what fitz-stephen saith ( which is cap. . col . . p. . in that copy i have seen ) is this , that when the bishops and barons of england and many of nor. normandy ( as mr. selden thinks ) were met together , the arch-bishop is there accused of treason , because having been cited by the king in the cause of one iohn , he appeared not , nor gave in a sufficient excuse . to let pass what is materially replyed by the author of the letter , to this authority , i shall make some observations of my own , not yet taken notice of . first , that this assembly held at northampon was not a parliament , but a great counsel summoned by the king soon after becket's stubborn carriage to his prince at clarendon , to be advised by them how to humble that proud man ; where it was lawful for him to use the counfel of any of his subjects , of normandy or others , as he thought good ; who certainly , in an english parliament could not be admitted amongst the natural english. secondly we hear nothing of the rest of the clergy nor the commons but of the bishops , earls and barons ; but that the commons had allways right to appear in parliament , is learnedly made good by mr. petit in his tractate of the ancient rights of the commons . in the next place , the relation of fitz-stephens is not only different from the relation of other historians , but in it self is subject to many exceptions : for first it is plain he was not accused of high treason in the case of john the marshal , as he saith , which appears , by the judgment of that council , which upon the whole matter reac'hd only a confiscation of his personal estate , which shews clearly the accusation was not in that case for treason , because they here punished him with a lesser punishment than was due to treason : now 't was not in their power to change the nature of the crime , but must have either found him guilty of treason , or have acquitted him . but the truth is , there was a second accusation by the king , about the same time , and in the same place , concerning accounts to the king of receits , during the vacancy of the sees of some bishopricks , when he was chancellor , to which he refused to give other answer , saying , he was not cited in that cause , and over and above , that he was fully discharged of all accounts whatsoever when he was made arch-bishop : but the heats and animosities occasioned hereupon , made him appeal to rome ; which being so immediately after , and contrary to his oath at clarendon , might be called by the name of treason in those days : yet it appears plainly , that an appeal to rome was not in those times look'd upon as a capital crime . to this purpose , see spelman's councils . tom. . fol. . concilium pan-britan . apud pipewell , congregatis illic archiepiscopis britanniae quibusdam . norman . galliae & hiberniae episcopis abat . &c. infra nominat . praesente etiam ipso ricardo rege , an. dom. . & ric. . the king having given the arch-bishoprick of york , gaufrido fratri suo quondam lincolniae electo . the arch. of canterb. calumniatus est consecrationem illius , & prohibuit ei ne ipse ab alio quam ab eo consecrationem seu sacerdotalem ordinem susciperet . super hoc appellant ad dom. papam . coram rege & universis episcopis , & clero & populo chartam willielmi regis bastardi in qua continebatur controversia quae olim vertebatur inter cantuariensem & eboracensem ecclesias protulit . here you see an appeal to rome , publickly made , and the appellant not questioned for treason or any other misdemeanour ; and this done in rich. . who was the son of hen. . but admit this appeal , or rather perjury , in that time had been a capital crime , his appeal here hindred the pronouncing any judgment : so that fitz-stephen is mistaken in the first point ; for he was neither accused nor condemned of treason in the cause of john the marshal . secondly , he tells you he was accused of treason , because being cited , he did neither appear , nor competently excuse himself , which must be understood to be meant by some other proctor or advocate ; for , if he did not appear , 't is impossible he should excuse himself any other way : for it is clear he was at northampton , ipsa die venimus northamptoniam , saith fitz-stephen , cap. . co . . that the court sate not till the second day after their coming , and he made an appearance on the third , is confessed by the same author , who a little before tells you , he sent quatuor milites to give his answer , and the king's exception was , that he did not answer in his proper person , which certainly by law he was not obliged to do , so that here was but a contempt of one day ; however , they were resolved to proceed for the arch-bishops depulsio , or answer for himself , took not place ; for so i take the meaning of depulsio to be . archiepiscopi ratio nulla est habita . whether you take ratio for an account , which probably he might give as to l. prerended to be due to john the marshal , or in any other sense , 't was not allowed . lastly , you have these words , archiepiscopus autem quia sententiae , vel recordationi curia regis non licet contradicere sustinuit , consilio episcoporum , ad acta , ad mitigandum , & honorandum regem , solenni , & manuum ipsius missione quasi concessionis judicii uti moris est ibi . the archbishop , by the counsel of the other bishops , because he might not contradict the sentence , and memorial of the kings court , submitted to their acts ; to the end that by his submission he might honour the king , and mitigate his anger ; and yielded to the judgment , and put in for his sureties , all the bishops , except london , of which , notice was taken . can any thing now be clearer than this , that he both appeared , submitted to the judgment , and put in sureties to perform it , and that here could not be any formal accusation of treason , whatsoever the counsellors might dispute among themselvs . so that fitz-stephen's relation , as to this matter , is not only contrary to the judgment of the court , which condemned him not for treason , and contradictory to himself , who making the relation as an historian of what was done in that case where himself was present , must be supposed to write what in truth was the matter of fact , and not what was the opinion or discourse of others ; except he had told us so . but this proud prelate being , as the king thought , not sufficiently humbled by the judgment aforesaid , nor by many other affronts put upon him by the king's officers , a new crime , as i touched before , is found out against him , for accounts , to the value of marks , to which he is required to answer , and to which , saith our questionist , he gave a dilatory answer ; so that the king requires him to stand to the judgment of the court : but the answer he gave was this , that the king knew well enough , that before his election to the see of canterbury , he was discharged ; and how the prince , the barons of the exchequer , and sir robert lucy , chief justice , gave him a discharge for all accounts and secular receipts from the king , and so free and clear , was chosen to the see , and would plead the same no more . was this now a dilatory answer , and not a clear discharge ? what doth any accountant in the exchequer do more ? neither could the court expect , being cited upon another business , he should bring his discharge in his pocket . but what if this accusation had been true ? was this treason ? if every cheater had been a traytor , the king would have had enow to hang ? but this storm went higher , for becket finding himself over-power'd by the king's party , and menacing words from them , comes in his archiepiscopal robes , with a cross in his hand , and appeals to rome ; for which , he was blamed and sharply rebuked by his old enemy the arch-bishop of york ; and as hoveden saith , by london and others . but , by his appeal he avoided all sentences could be pronounced against him , yet left his enemies and the king much incensed against him . gervase of canterbury tells you , col . . that the king sitting upon his throne , it seems in a hurry , for the words are euntes discernite , said , going forth , consider what this perjured and contumacious traytor ought to suffer itur , judicatur . they went out and gave their opinion , for this could be no legal judgment , because first it was out of the place where the council sate , and his appeal prevented all farther proceedings , as it was then held . this is the sum of the story , taken out of daniel's history upon the year . as he saith , particularly delivered according to the writers of those times : who those were he tells you in his preface ; hoveden , giraldus cambrensis , mat. paris , mat. westm. rishanger , and others . by this relation you may see the credit of this grave mss. author , who hath knit together so many mistakes , and different from the relation of others , of , or near the same time . but the bishop is now gone , though before his going the king expostulates the matter with him ; to whom he answered , that he was summoned in the cause of john , the marshal , and would answer to no other , having then made his appeal . neither , to speak my mind freely , can i see how he could be accused of treason ; for , who was the accuser ? the king could not , because by reason of the dignity of his person no averment could be made against him ; neither could any man be tryed but by his peers . now we hear of no articles exhibited , no jury summoned , nor no legal proceedings in case it had been a parliament : for , though mag. charta was not so perfect as in henry the third's time , yet all historians agree 't was granted in henry the first 's time ; of the chief points whereof , stephen langton , arch-bishop of canterbury , brought a copy into the parliament in king john's time ( a worthy prelate he was , though an italian ) though it were the law of the land before ; and though the council of the king might , in some misdemeanours , proceed arbitrarily , yet in treason they could not , as is well observed by mr. selden , priv. of bar. ca. . pa. . but they were in those cases to be tryed by their equals . co. . inst. pag. . tells you , 't was as ancient as william the first , gives you an example of roger , earl of hereford , so tryed in his time. but we have not yet done with fitz-stephens ; for , our author tells you , that the king , upon the proud answer of becket , charges the bishops , that together with the barons , by virtue of their allegiance , they would give judgment upon the arch-bishop . they excuse themselves . the king presseth them . fitz-steph . words are , rex responso archiep . accepto instat episcopis praecipiens , & obtestans per homagium , & fidelitatem sibi debitam & juratam ut simul cum baronibus de archiepiscopo sibi dictent sententiam , &c. this he translates , that the bishops , together with the barons , would give judgment upon the arch-bishop . this appears to be after his appeal , when the giving of judgment , or medling farther in the business , was refused : beside the undue translation of the words , which signifie no more but the desire of the king that they would tell him their opinion touching the arch-bishop , i wish he would give me any good authority where dictare regi sententiam ( for sibi here is the same ) can signifie giving judgment upon a criminal , as he translates them . i know very well , that dictare judicium may be taken to deliver any sentence leisurely . linw. lib. . ne cler. vel mon. where it is all one with dicere or suggerere sententiam . beside , no such sense can be affixed to these words ; for , the king's question refers to them all in general , but certainly the king did not mean they should all pronounce sentence , but only privately tell him their thoughts : yet from hence would our author infer , that this was a parliament , and that the bishops had power to give judgment in criminal cases , when he hath proved neither ; because in truth , this was only an attempt of the king 's to draw them to his party , having then intentions to send to rome about this matter . the words of the bishop of chichester , which he spake to becket after his appeal to rome , will do him as little service ; for they import no more , than that the interdict laid upon him and the rest from doing any thing against him during his absence , hindred them from being present at such proceedings against him as the king required from them . 't is not to be doubted , but the king would have pressed them to deliver their opinions , whither his appeal were treason or not : what their judgment would have been , no man knows . if it had been a parliament , then summons must have been sent out for his appearance , and proceedings by bill of attainder , in a legislative way , not arbitrary in cases capital . seld. pri . bar. cap. . pag. . as before noted . he closes this head of discourse with a pretended confutation of the author of the tractate of peerage , a book by some snarl'd at , but by none answered : but let us examine what they both say . the author of the discourse of peerage , tells you , pag. . and backs what he saith , by the authority of justice doddridge , sir edward cook , and mr. selden , that these were only certain recapitulations of the king's prerogative and the peoples right , then sought to be infringed by the pope and clergy . that these recapitulations were avite consuetudines , is confessed , and that that canon concerning blood is as ancient in england , as the conquest , our author acknowledgeth , that gervasius dorobernensis reckons this article among the laws then established , from all which the discourser of peerage might very well argue . that which was a custom in henry the first 's time , taken notice and allowed in henry the second's time , and of the beginning whereof there is no memorial extant , nor account to be given , ought reasonably to be esteemed as part of the ancient custom , which is the common law of the kingdom . all that the grand questionist thinks fit to reply to this , is , that it is little to his purpose , because this clause in question is not a limitation of their power , but a priviledge and indulgence for their absence . that this fancy is erroneous , i have before shewed from the natural sense of that clause , as also , that long before these constitutions they were both by their own canon law , and custom of the nation , prohibited from being present in cases and consultations of blood , and that themselves admitted not only the liberty but the obligation , by their constant obedience given to that law , and custom in absenting themselves in those cases , as the author of the letter hath asserted , and shall by me be farther cleared in my answer to his precedents . now , i do not think that this author believeth that these constitutions gave them a greater liberty than they had before ; but if it found them bound , that statute left them so , and was as all affirmative statutes are , though not introductory of a new law , yet are they corroborative of the old , and , in their oath , they swear obedience to this article as well as to the rest ; to wit , that they would , according to their duty , be present in all proceedings in parliament , with the rest of the barons , except in cases of blood , in which they tell us afterwards , that it was not lawful for them to be present at any hand ; so that upon their allowance , there was more than a liberty , for there was a law against them . beside , could this sense be allowed , it would no way serve to make good his main hypothesis , that they might be present till the definitive sentence came to be given : for , if the law were obligatory as to any part , why not to every part of it ? our aurhor is as little fortunate in his attempt to evade the authority of roger hoveden pag. . who saith , that 't was agreed in the synod at westminster , that no clergy-man should agitare iudicium sanguints . he tels you this was part of a canon agreed at toledo , which ricard , archbishop of canterbury thought fit to have received here , and , i think would inferr , that here was no more done then a proposal of this to be received , not that itw as so . but if we will believe gervas . dorbernensis , in h. fo . . an. . he will tel you , they went much farther . his words are , hoc concilio ad emendationem ecclesiae anglicanae assensu domini regis & primorum omnium regni haec promulgata sunt capitula . among which one is . his qui in sacris ordinibus constituti sunt judicium sanguinis agitare non licet , unde prohibemus ne aut perse membrorum truncationes faciant aut inferendas judicent . here is not only a proposition of the arch-bishop but an assent and promulgation of the same , by the king and chief of the kingdom . and , the true sense of that canon , which being so confirm'd , had the force of a law , is , that clergy-men should not agitare , or medle in any tryal of blood ; which certainly extends to preliminaries , but are prohibited to make amputations themselves , or give their opinion , or judgment that such amputations ought to be made by others . their presence at such trials was unlawfull ( non licet ) and their acting prohibited . so at last i have done with this clause ; and have shewd that it is not indulgent but restrictive ; that it was a custom in h. . time , sworn to at clarendon , published at westminster years after , and , by all this , made part of the law of the nation ; have answered all his subterfuges , and evasions , have shewed the interpretation i have given was always received . i expect now so much ingenuity in this author , that he will either yield to my sense , or give another , agreeable to the rules of grammar , and the proper signification of the words ; and not take the liberty to explain them at his pleasure , and confound voices , moods and numbers : insomuch , that this statute will remain testimonium irrefragabile still ; and i am sure , if he observes his due bounds he must give an interpretation equipollent to to what i have given . so hard it is for the greatest wits to maintain an ill cause . i come now to the consideration of the protestation made in the parliament held in . r. . which our author saith , much cleareth the whole business , especially the preface therof ; for the omission of which he blames the author of the letter . i shall give it you in english , which our author hath not thought fit to do , and by that means deprived many of his readers of means to make a true judgment of it . in the name of god , amen . for as much as by the law and custom of the kingdom of england , it belongs to the arch-bishop of canterbury , for the time being , as also to the rest of his suffragans , fellow-brethren , and fellow-bishops , with the abbots , priors , and other prelats whatever , who hold of the king by barony , as peers of the foresaid kingdom , to be personally present in the parliaments of the king whatsoever , and there , with the rest of the peers , and others that have right to be there present concerning the arduous affairs of the nation , and concerning other things there usualy to be treated of to consult treat , ordain , appoint and define , and other things to do , which there in time of parliament are prepared , or fitted to be done . in all and singular of which , we , william arch-bishop of canterbury primate of england , and legate apostolical for our selves , our suffragans our felow-bishops , and fellow-brethren , as also for the abbots priors and all the foresaid prelates , do protest , and every one of them doth protest , who either by himself , or his proctor shall be here present at this time publickly and expresly that we intend , and every one of us will in this present parliament , and others as peers of the fore-said kingdom after our accustomed manner , be present to consult , treat , ordain , and define , and all other things , ro exercise together with the rest that have right to be present in the same : the condition , state , and order of us , and every one of us , being still saved . but , for as much as in this present parliament , some matters are to be treated of , in which it is not lawful for us , or any of them , according to the decrees of the holy church , and the canons thereof , to be at any hand personally present . for which reason , we for our selves , and for every of them , do protest , and every one of them here doth also protest , that we intend not , nor will , ( because according to the law we cannot nor ought not ) be present in this present parliament whilst such matters are , or shall be treated of : but that we , and every one of them , will upon that occasion all together absent our selves , our right of peerage , and of theirs , as to our , and their being present in the said parliament , and as to our , and every of their exercising , and doing all and singular things , our , and their order in all things allways preserved . and we farther protest , and every one of them protesteth , that by reason of this our absence we do not intend , neither doth any one of them intend , or will , that the trials , or proceedings had , or to be had , in this present parliament , upon those aforesaid matters in which we cannot , nor ought not ( as is premised ) be present , as much as in us lyes , or any of them lyes , shall in times to come be any way impugned , weakened , or broken . he tells you , that this protestation , saving the legall formalities consists of three parts . first a declaration of their undoubted right as peers of the realm , by virtue of their baronies , to sit , and vote , in all debates in parliament . where by the way the words are de regni negotiis not omnibus , of the affairs of the kingdom , not all of them , and aliquibus may as well be understood as omnibus : and this appears soon after upon their own shewing ; for they tell you they intend to be present in this and all other parliaments , and presently after tell you it is not lawful for them to be present in this parliament while such matters were handled to intend to be present , and then tell you that 't is not lawful to be present in this parliament shews that their power was limited , and not universal : however upon this protestation they went out at the begining , and made no proctor ; for , they tell you , they ought not to be personally present at any hand where such affairs are or would be treated of , which certainly was before the definitive sentence ; so that the canon required their absence at preliminaries , according to the sense of all times till these new expounders came in place . i will not here dispute whether this protestation be an act of parliament : with submission to better judgments , i think it hard that what was intended as a protestation should by construction be advanced to an act , no more than his present majesties concessions , upon the desire of the lords and commons , in the case of some of the late traitors , should have the like construction ; and the entring into the roll by the clerk , was no more then entring into the lords journal now . but , since our author hath made his observations , let him give me leave also to make mine . first , this protestation is cunningly worded by their own direction , therefore their calling themselves peers of the realm doth not make them such in any new sense ; neither doth entring in their journal book do more than make it a record , and render them liable to punishment , if any thing unfit in it shall be taken notice of an example of this we have in the bishops protestation , . that all laws to be made in their forced absence should be void : which could not any way weaken them , or ours here , that they should be good , any ways strengthen those laws then made . the next thing observable is , that he saith , 't is their undoubted right , as peers of the realm , by virtue of their baronies , to sit and vote in all debates in parliament . in which assertion , he begs two things : first , that they sit there by vertue of their baronies , whereas he hath not proved they ever had any , except tenere sicut , or quasi per baroniam , or per servitium baroniae , be equivalent with esse baronem , which i cannot so easily admit , though they call themselves so , and in ordinary speech may be so called by others , that question having never been determined though admitted in pleading by counsel . ) the reasons of my doubts i have given in my first chapter , and shall submit them to more learned judgments . they say , here they sit as barons , but allow that they have no right to judge in those cases then in agitation : and notwithstanding , it should be true , that william the first divided the kingdom into counties and baronies , to hold of him in capite ; a county to contain twenty knights fees , a barony thirteen , or thereabout : it doth not appear that every bishop had thirteen knights fees , or that some of them had not above twenty , yet all of them held equally in capite , sicut baroniam , and sate there among the nobility , as associates to them . i shall farther observe , that their right to sit and vote there was more solito , as they had usually done , and this with a salvo , or saving to their state and order : so that except our author had first proved that 't was their usual manner to vote and judge in matters of blood ; and that this was agreeable to their state and order which themselves deny , he hath done nothing : for , they pretend not to any other right but what they usually enjoyed , and what was agreeable to their state and order . let now our author take what advantage he can from the preface to the protestation ; for the omission of which , he so much blames the pen-man of the letter . the second matter he affirms and attempts to prove , is , that their absenting themselves was merely in obedience to the canons of the church , and not out of respect to any other law. yet sir william baker's continuer , pag. . ult . edit . saith , their absence was not from their obedience to the canon-law only , but according to the practise of the kingdom to this day : by which it seems , he look'd upon it as the common practise for them to do so . for , he tells you , 't was impossible they should claim such a right by virtue of their baronies , or that the lords should allow such a protestation if there were any other law against them then in force : and that if this protestation were a law , the case was more strong on their side : for , then it declares they had that right they pretended to , by law. should i admit this for once ? doth it not also as solemnly declare , that in cases of blood they are barred by the canon-law , and so make that bar a part of the matter enacted . but for a fuller answer and discharge of what he urgeth , without repeating what i have said before , as to the protestation it self , let me put him in mind , what i doubt not he knows , that all arguments ab impossibili , or deductions ad impossibile , are the weakest ways of demonstration , and never used where any other can be brought , which at best , in this case , can only argue a neglect in the lords . but secondly , he may be advertised , that all protestations are entered according to the desire of the protestors , and not made an act of the house . lastly all this is but what they usually did , and hath not relation to any other matter than what was their custom , and was agreeable to their state and order , which was to absent themselves in cases of blood. his digression afterward for for two or three leaves , about the power of of the pope , or his legate to dispense with irregularity , which here he calls a penalty ; in another place , the sanction it self , together with the mystery of the canon-law , serves in my judgment to no other end , but to shew , the bishops were generally time-servers , and forced polity and religion to bend to their turns ; forgetting that nothing is profitable which is not first just. however , we do not hear of any dispensation granted here either by the pope or his legate : and i would be glad this author did let us know that his opinion is , that the pope or legate , have a legal power to to dispence with those canons established in councils , and received by a nation . i always did believe , that those that attributed to the pope a greater power then i do , did not look upon him under any other notion than as one trusted to keep , and not to break the canons . having thus cleared the protestation from his objections , let us examine the clear meaning of it . this author saith that the very reading it is sufficient to convince any man that the canons were the only cause of their absence . i will not deny but that it might him ; but do not believe it hath reason to force others to be of this mind : for , if two laws were against them , to wit , the canon-law and the common-law , confirmed in parliament , 't was not unusual for those sort of men to express which of them they had most mind to . but beside this , i find no absurdity to affirm they took notice of both , though more obscurely of the last : by a non licet to the one , by a de jure non possumns . to the other . 't is not lawful for us at any hand , by the first , viz. the canons , which are to us a greater law than any other . next , by the law of the land , de jure non possunius . not that in it self our presence in all cases were unlawful , if the canons were not in the way . but there is also another law which prohibits us from being present in those cases in which otherwise we might have thought it reasonable to have given our assistance , who are no such strict observers of the canons , when 't is for our advantage to break them . i might now proceed to the examination of his iast head ; how far the canon law is at this day binding . but , because i would not leave any thing untaken notice of , he thinks fit to make use of for the strengthening his cause , i shall speak something to what he farther urgeth . he tells you out of knighton , that this parliament was called parliamentum sine misericordiâ , and that many circumstances concurred , which might make the lords willing to admit of their protestation , because their business might proceed better against the king's ministers . he need not have urged inducements to perswade the lords to admit of their protestation , except he had first shewed they had power to have refused it . but by this inducement he insinuates , that the bishops would probably have obstructed justice against those wicked ministers about the king. what the accusation was , for which some of them were executed , i shall let you seek in the historians of those times , being unwilling to rake into that puddle any deeper . i shall therefore leave this parliament and the mysterious canons , as our author well calls them , and come to the anti-parliament to this , held in r. . where , as he saith , the king had a mind to undoe what was done in the parliament in r. . which intention , this author saith , he had kept in his mind ten years , by being willing to let the bishops be absent in . that he might have that pretence to question in this anti-parliament , the things then done . an undecent charge he lays upon the king , if it be well considered . the declaration , by help of the bishops , that the king's pardon granted in parliament , in . was revocable by the king , was the labour of his ministers in 〈◊〉 which those ministers prevailed in 〈◊〉 measure ; but their actions , with 〈◊〉 ●…cceeding murther of the d. of glo●… , the king's uncle , bred such a jealousie and distrust between the king and his people , that i may call it the first stone which left not rolling till it ended in the ruine of that poor prince , who continued not king much more than a year after , and was soon after the deprivation of his crown deprived of his life also . what art was used to make that parliament subservient to their ends , i need not tell you . one of the first attempts was ( what i touched before ) to make pardons granted by the king in parliament , revocable at his pleasure ; in this the clergy were very instrumental . after this , the commons come to do their parts , and they represent , that divers judgments had been undone heretofore , for that the clergy were not there present ; and therefore pray they might appoint some common proctor , with sufficient authority to that purpose . from hence he infers two things : first , that the commons thought their presence necessary , because judgments had been undone for want of it : therefore their concurrence in judgment was thought necessary to make a judgment valid . secondly , that they should therefore make a common proctor . this is strange logick : their presence was thought necessary , and judgments undone for want of it ; therefore , they ought to be present , i think , ought to have been the consequent : but the commons pray that in that respect they should make a proctor . i should think now , the true inference ought to have been , the bishops and clergy ought not to be personally present in cases of blood , yet because it is fit they should be represented , at least in some cases , let them nominate a common proctor , to be in their stead ; where their concurrence is necessary . this is sense , the other is contradictory . 't is evident by this petition of the commons , that matter of blood was to be treated of ; for there needed no proctor for any other use , since themselves might have been present . and i think it very clear by the year-book , in e. . that when issue was once joyned , 't was their duty to absent themselves . for , that book is , that the peer questioned may plead not guilty , and then the bishops to depart ; so that it is plain they were not to vote after issue joyned , in matters of blood. so hakewell , in his modus tenend . pag. . before cited , saith , that to our days , when question is had of the attainder of any peer , the bishops are to depart . now i take the law to be all one , what ●…ue is joyned in a capital accusation , so as there be any upon which the court may proceed to famination of the cause , and to judgment accordingly . as to our purpose in the case of the 〈◊〉 of danby , he pleads the king's pardon , the king's counsel , or the commons , demur . the matter then in issue upon the demurrer , is , whether the pardon is good in law ; upon which , the bishops , according to e. . are to go out ; because , if the pardon be found invalid , then must sentence of death be pronounced against the criminal : for , i take the law to be , that the pleading a pardon in bar upon an endictment or impeachment , is a confession that all the matters contain'd in the endictment or impeachment are true , and he shall never be admitted to plead not guilty afterward . but this by the way . our question is about the commons petition , that they would make a proctor , which being in matter of blood , the author of the letter saith , was the only time ; whether this was error temporis , as one saith , the error of that time , or an inconsiderate rash desire of the commons , as another , is not necessary to enquire : for , it doth not appear , that any capital judgments had been reversed by reason of their absence , so that their desire fails in the ground of it , if they meant of capital ones : for , the first judgment against the spencers was affirmed in ed. . and the reversal made ed. . was made null ; so that the commons it seems were ignorant in that , and might be unadvised in the rest , as they sometime have been . beside , if he consult sir edward coke in his instit. cap. de asportatis religiosor . pag. . he doth well excuse the commons in shewing that the bishops were present at the charge against the spencers in ed. . so that the commons might not know how far the bishops were conusant of the thing , and looking only on the out-side , were ignorant of the act in e. . for the discourser saith , there were no more . no , replyes the grand questionist , not in his study , but the commons might know of more , for we have not all the rolls . what then ? this at best is but a surmise , and the two judgments against the two spencers were enough to make their allegation true , that divers judgments had been reversed for that cause ; though it be not to excuse their ignorance in not knowing that the first judgment against them was revived by the statute of ed. . and it seems strange to me , that he that had so much reverence for the then house of commons , should have so little respect to the opinion of both houses now : for , the commons unanimously voted , that the bishops ought not to be present at any debate concerning the earl of danby , or the lords in the tower , by them impeached of treason . journ . of parl. pag. . and . the lords , about the same time , voted , that the bishops were to go out when their lordships proceeded to examine guilty , or not guilty . this author , with great confidence , and little respect , affirms , they have right to stay till the definitive sentence is to be given . but , let me now admit that it was reasonable in the house of commons to move that they might make a proctor , and that the bishops had also right to nominate one in capital cases , yet certainly , when they all absented themselves together , 't was in their choice whether they would make any or no ; and consequently , their omitting it , as in r. . could be no cause to reverse a judgment , as the commons alledged . the reason is , as i touched before , because they take notice of the matter in question , by hearing the accusation read , which is always done before they go away , which is enough to make any act good , and to be said to pass by their consent , because they voluntarily absent themselves , though with allowance of the lords , where their presence is not lawful . vid. co. . inst. de asport . relig. pag. . so that the reason of the house of commons was every way weak and unsound . in the next place , let me examine what the office of a proctor is , being made . it is plain by the imperial law , that a proctor is in the nature of an attorney , to appear , and make answer in the name of his client , to such things as the court shall think fit to demand ; but never , by that , or any other , had he power to over-rule or contradict what was the sense of the court. i have seen some ancient precedents of persons under the degree of noble men , made proctors by the bishops ; for which , consult mr. selden's privil . of the baron . pag. . hon. of the lords spir. pag. . els. mod. pag. . but in all cases i have met with , the ancient form runs thus . at the parliament at carlisle under edward the first , the words are , ad consentiendum quod tunc ibidem per dictos prelatos & proceres contigerit ordinari . another in edward the first 's time , in a parliament at westm. runs thus . ad comparendum & audiendum pro nobis in hoc parliamento tractanda & consentienda . so that their power was but to appear and hear for them what by others were to be treated , and consented to . accordingly mr. selden saith , that in attainders upon appeal , they made their proctors for assenting in parliament : i hear nothing of dissenting . seld. privil . bar. pag. . neither is it reasonable to believe ; the lords would suffer any commoner to sit , and vote among them as judges ; neither do we read of any place where such a proctor was to sit , having no right of his own to be there . if you will say he was to sit upon the bishops bench , and there to give his vote , you give the bishops power , by their simple deed , to give place and vote in parliament ; which is as much as the king can do by his letters patents , and by which , the patentee is enobled . neither is it just to think they could any way transfer a right for others to judge for them , where themselves were prohibited to be present or judge . it appears , that in the parliament in th . of henry the third , there were a hundred and twenty bishops , abbots , priors , and deans : 't is not like there were many fewer in richard the second , who was not long after him . can any one now think the lords would suffer thomas percy to dispose of a hundred and twenty votes ? it had been much safer to have let the clergy to have been personally present , than to unite in one man a power to over-ballance them all . i think it probable , for the reasons before given , that their proctor either sate among the mean officers , or that in those times the lords and commons sate together , and that this percy was one of those that served for his country . but against this is urged , that in edward the third's time there were distinct houses ; though before that time they might sit together . sir ed. coke , prin , and others , are of opinion , they sate together far in edward the third's time : why may not that be extended to his son richard the second , the exact time when they divided being not so exactly agreed upon ? i have before shewed out of mr. petit , rot. parl. henry the fifth , pars . n. . that the commonalty have ever been accounted a part of the parliament . i have also shewed out of cambden , selden , and others , that baronagium comprehended both lords and commons , and in all histories of those times you shall frequently meet with concilium baronum , baronagium , and the like . mr. selden tells you , tit. hon. part . chap. . no. . pag. . that the burgesses of some good towns , as well as the cinque-ports , which still retain the same name , were called barons . in the seventeenth of king john , dors . claus . memb . . baronib . germuthae gipswici norwici , &c. mat. paris , anno . pag. . speaking of the citizens of london , hath these words , ( being englished ) whom for the dignity of the city , and the ancient liberties of the same , we usually call barons . of this identity of names we can give no better account , than because they were usually joyned with the other barons in great councils , of which there were also two sorts . gervasius tilburiensis part . cap. . speaks of barones majores and mineres . fitz-steph . cap. . mentions secunde dignitatis barones . in the mag. char. of king iohn , mat. par. anno . mentions a summons to a common counsel of the greater barons by the king 's writ , and of other tenants in cap. which were barones minores by the sheriff , but all of them comprehended under the general name of barones or baronagium ; under which general name , all meeting who had any right to come , either as barons or free-holders , we have no reason to believe they did not all sit together in the same counsel , whereunto they were summoned under the same name . the old modus , put out in english by hakewell , with his seeming approbation of the book , saith , in his chapter concerning cases and judgments that are heard , that every degree might go by it self , and consider of it ; by which it appears , they then sate together . edw. . elsing . p. . and . saith , in two parliaments they went apart , and in one gave subsidies apart . the case is in edward . where the cause of summons being shew'd , the commons were willed to withdraw to their ancient place , and consult among themselves , proves no more than that they had a place to go to when 't was fit they should consult apart , not that they always did so ; no more than it doth that the prelates sate not among the lords , because they sometimes went apart , and had a place to go to as well as the commons . we know , that iacobi , when prince henry was created prince of wales , they all sate together in the court of requests , and may do again when the king pleaseth . i have now done with this rather curious than necessary question , which i had not touched upon , had not percy 's place in parliament given me occasion a little to search into it . yet i think it not amiss here to insert the prayer of the commons , and the form of the proxy , made by the clergy to sir thomas percy , in rich. . memb . . no. . as it is at large upon the record , that the reader may be able to give a rational judgment both what his power was , and how the clergy were represented by him . the commons first pray the king , that whereas divers judgments and ordinances before time , made in the time of his progenitors , had been recalled and made null because the estate of the clergy were not present , et pour ceo prierent au roy que pour surety de sa person , & salvation de son royaum les prelates , & le elergy ferroient un procurateur avet povoir sufficient pour consentir en leur nome , a toutes choses , & ordonances a justifier en cest present parlament , & que sur ceo chacun seigneur spirituel diront pleinment son avis . sur quoy le dicts seigneurs spirituels commetterent leur plein povoir generalment a un lay personne , & nomerent en especial thomas percy chevalier , & sur ceo baillerent au roy une schedule contenant leur povoir , la quelle nostre seigneur le roy receust & commanda ( le dit . mardy ) estre entre de record , en rolle de parlement de quelle cedule la form sensuit . nos thomas cantuariensis , & robertus ebor. archiepiscopi ac praelati , & clerici utriusque provinciae cantuar. & eborac . jure ecclesiarum earundem habentes jus inter essendi in singulis parlamentis domini nostri regis , & regni angl. pro tempore celebrandis , nec non tractandi , & expediendi in eisdem quantum ad singula in instanti parlamento pro statu & honore domini nostri regis nec non regaliae suae , ac quiete , & pace , & tranquillitate regni judicialiter justificand . venerabili viro domino thomae de percy mil. nostram plenarie committimus potestatem : ita ut singula per ipsum facta in praemissis perpetuis temporibus habeantur . it is observable in this prayer , the commons recite ordinances as well as judgments , to have been made null by reason of the bishops absence , and comprehended not judgments alone . now of what latitude ordinances were taken , whether temporary , or otherwise look'd upon as laws , is not very certain . secondly , they desire such a proctor as might have power to confent to such things as should be done . thirdly , they naming a lay-man who had no right of his own to sit there , and giving the king a schedule of their procuration , was enough to make their right be preserved to them without any explicite consent by their proctor , or perhaps his being so much as present at any debate . but i now proceed to observe how ready our author is to pick what advantage he can against the author of the discourse of peerage , from the words by him quoted out of the manuscript history written by the abbot of molros in scotland , where the king of england sent bishop fox , as i remember , to treat with the king of scotland , iames the fourth , then there , touching a match between the children of those two princes . 't is a book to be seen in some few hands , and writes of the parliament in r. . the author of the discourse , pag. . tells you , that that manuscript author blames the prelates much for the opinion they gave generally about the revocation of pardons : but in this , as in many other authorities that make against him , our author curtails the words , and cites no more than makes for his turn . the words at large are these : dederunt ergo locum judicio sanguinis in hoc facto . ita quod dubitabatur à pluribus si non incurrerent in poenam irregularitatis pro negotio memorato ; unde contigit quod propter istud minus peccatum inciderent in aliud majus peccatum consequentur , ut laicam personam constituerent procuratorem pro iisdem qui illorum vice consentirent ad judicium sanguinis dandum in isto parliamento si necesse foret & occasio emersisset . the prelates by this act of theirs gave allowance or countenance to tryals of blood ; insomuch , that it was doubted by many , whether they did not fall under the penalty of irregularity , by reason of the foresaid business : from whence it happened , that instead of that lesser offence they fell into a greater by consequence , in that they made a lay-man their proctor , who in their room might consent to a judgment of blood , to be given in that parliament , if it were needful , or occasion had happened . i have translated dare locum fudicio sanguinis , to give way or allowance to a judgment of blood ; because it appears by the subsequent words , he meant them so , the use the author of the discourse of peerage makes of these words , is to shew , that the canons were not the only cause that hindred their presence in ii rich. . for then , when they had no encouragement from the king or lords , then they ought not at any hand to be present in such cases : but here in . when they had any allowance or connivence as to the laws against them , then the canons were neglected altogether . his inference seems to me rational and good . oh! but saith the grand questionist , they were present in voting the pardon to the earl of arundel revocable . under his favour , i think he is mistaken , for the book warrants no such matter , only tells you , that they gave a general vote , that pardon 's granted in parliament were revocable by the king ; by consequence whereof , some of those who were pardoned in . were executed in . which votes , i hope might pass , though the parties concerned were not present , and this meaning the book seems to enforce : for , first that author saith , it was a doubt amongst many , whether that act did not make them incur the penalty of irregularity , which would have been none , had they personally by their votes , revoked the pardon granted to the earl of arundel . secondly , he saith by making a proctor in that case of blood , they committed a greater fault than the former ; but certainly , the making a lay proctor was not a greater fault than actual allowance , and personal voting in blood , which that author charges them with . lastly , they made a proctor at the beginning of the tryal , as is manifest , and agreed by all ; therefore the crime charged upon the clergy , could not but be before any proceedings against any of the criminals , except that preliminary vote which made them guilty of blood in that chronicler's sense . in conclusion , there was no act to revoke these pardons , but the king , it seems , caused execution to be done upon his own authority , and those general votes in which the clergy were present : so that after all this attempt , the authority of this mss is against him . but after all this , we have one help left , saith the author of the letter , for if this action in this parliament would do him any service , the whole parliament was repealed in i henry the fourth , and so no authority to be laid upon it . i , but replyes the grand questionist , the author of the letter admits that the three henries , fourth , fifth , and sixth , were usurpers , and therefore the repeal of that parliament void : i acknowledge the author of the letter saith so , but he is so to be understood as the law is now taken , not as it was then ; for , we see henry the fourh in parliament claimed the crown as his right , as being heir to iohn of gaunt , fourth son to edward the third ; whereas the title of mortimer who was by another parliament declared next heir , arose by his marriage with philippa , daughter and heir to lionel duke of clarence , who was the third son to edward the third : but it was never before determined , that the daughter of a third brother should be preferred in succession to the crown , to the son of a fourth . we see maud the empress , daughter to henry the first , could not be received queen , though she attempted , and sought for it , neither ever had we a queen since the conquest till that time . nor can i divine how long it might have remained a question , had not that controversie been determined by the happy union of both titles in henry the seventh , who married the daughter and heir of the house of york . the next question will be , how far laws made by an usurper generally received , and accepted by the people upon the resignation of the immediate precedent possessor shall be esteemed valid . i fear , if we make such laws void , we must find some new way to make many of ours good till henry the second . was not robert eldest son to william the first , alive till toward the latter end of the reign of henry the first , who about the eighth year after he was king , deprived him of his eyes ; after which , he lived a prisoner twenty six years ? william rufus had no better title than the acceptance of the people , and his composition with his brother robert , who resigned his title for marks per an . henry the first succeeds by title no better , till robert's miserable death , which happened in the thirty fifth year of his reign , and about a year before his death . after him , stephen steps into the throne , help'd by two powerful friends , the bishop of winchester the popes legate , his own brother , and the bishop of salisbury his great friend , and this in the life of maud , daughter to henry the first , and his own brother theobald , whose title , though bad , was better than stephen's , they being both grand-children to william the first , by adela his daughter , marryed to the earl of blois . but for this great favour , and their breach of oath to maud , he promised great immunities to the church , and amongst other , that clergy-men should not be bound to answer to secular courts . but by our author's logick , this concession was void , and the clergy had no reason to complain , because the old law was revived at clarendon . at last , to sodder all , a composition was made , that henry , maud's son , should have the crown after stephen's death ; which was performed by her consent , maud being then alive , who having strugled for the crown as much as she could , was at last contented with this composition , which was the only legal title king stephen had , and no more voluntary in maud than was that of richard the second . but at length maud dyes , and henry the second and his son richard the first , enjoyed the crown in their just rights . after their death , iohn comes upon the stage , in the life of arthur his elder brother's son , so that here we have another usurper ; after whose death , and the death of arthur , henry the third had a good title , whose descendents enjoy it to our time ; for the quarrels between york and lancaster were not about the line , but the persons ; insomuch , that till henry the third , the best title to the crown was the acceptance of the people , and particular compositions with those who had the greater right . come we nearer home , to the time of henry the seventh , who after the death of his mother , and his marriage with the daughter and heir of edward the fourth , was rightful king. his eldest daughter was marryed into scotland , from whom , our present king enjoys his crowns , upon an unquestionable title . we will now come to his son , henry the eighth : he had two daughters , mary and elizabeth , the first by katharine , his elder brother arthur his relict ; the second by anne of bullein , born in the life of his first repudiated wife queen katharine . mary was by act of parliament declared a bastard , as born within unlawful espousals : elizabeth after the disgrace of her mother , was served in the same kind , yet we see both of them successively enjoyed the crown by virtue of another act which entailed it upon them , with the approbation of the people ; whereas , otherwise the true right would have been in mary queen of scots , our present sovereigns great grand-mother . i might pursue this theme through france , in the case of hugh capet ; through spain , in the family of the d. of medina celi ; and at present in portugal , but i will not go out of our own kingdoms ; and have said enough to make it manifest , that laws may be made or repealed by such kings as are in possession , by composition or resignation , with the acceptance of the people , else our unwary author hath laid a foundation to overthrow or weaken , not only most of our laws , but most of the laws of europe . over and above all this , if the laws of henry the fourth , fifth , and sixth , were not good , why did not the nobility made in that time , get new charters of creation in edward the fourth's time ? nay , what became of the whole hierarchy ? many of the prelates and inferiour clergy , must of necessity be consecrated by those that were no bishops , and consequently , their consecration and orders by them conferred , were void , and all our subsequent clergy , who derive their authority from those who had no legal right , extinguished ; a thing , in my judgment , worth consideration to such as would avoid laws made by actual kings , though their just title might be disputed . his mentioning oliver rather deserves pity for his inadvertence , than any other answer : for , he cannot but know , out late king chose rather to loose his life than resign his power ; that he never had quiet possession , but a prince always strugling against him ; nor had he the acceptance of the people , or any thing but force to buoy him up , which after his death fail'd in his next descendent . by what i have said , it may appear to any equal judge , that the laws made henry . were good , notwithstanding his pretended usurpation . and as to the thing it self , that the bishops absence in cases of blood doth not make a judgment given , void , appears plainly by the case of the earl of salisbury , in h. . who petitions that a judgment given against the father , might be reversed , and assigns for error , that the bishops who were peers of the realm , were not present ; and upon full hearing and debate , it was adjudged no error . now i appeal to this author , whither he can think that my lord and his counsel were so stupid , as not to urge what they could think of for the advantage of the earl , and the clergy ; for whatsoever other faults might be laid to the charge of his parent , the cause appears to be turn'd upon that hinge : by all this we may well conclude , that the lords in that parliament did not hold the bishops such peers as ought to be allowed judges concerning the life and death of noble-men . this judgment our author hath not thought fit to take notice of , which might be equivalent to error temporis , for it was either ignorantia or neglectus rei . but he tells you , edward the fourth repealed all again , in which he is mistaken ; for , edward the fourth repealed nothing but what concerned the title between york and lancaster , with some charters to others . i come now to his third head or point , whether supposing that the bishops absented , as he contends , only upon the account of the canon-law in the times of popery , whether those laws do continue in force now since the reformation : he thinks they do not . in this i shall be very short , and against his reasons , which are rather surmises than other , i shall return direct authorities of judges , and lawyers in point . first , he saith the canon-law was grounded upon a superstitious fancy , that to be present in cases of blood brought upon them irregularity , and hath there a large digression upon the unreasonableness of the canon-law , in many particulars . i shall easily yield , that many of the rules brought upon the church by the papacy , are full of hypocrisie and self-ends , but do not think that our bishops did first forbear from bloody tryals about lanfranks time , as if this canon had been unknown in england till then , almost years after the first council of toledo , for sir henry spelman reckons that canon to be anno christi , . and william the first came in anno . and in this first council , this canon is cited : but it is more reasonably referred to the eleventh council of toledo , and the sixth canon , which expresly forbids their medling in blood ; 't will yet be about years before williams time. it is therefore more probable , that their forbearance in those cases proceeded not from any thing brought in by laufrank , but was received here long before , from their obedience to the apostolick canons , which did not only forbid their medling in blood , but in all secular employments ; and were carefully observed till constantine's time , who flourished in the year of christ . 't is likely enough , that the liberty then taken by the clergy was restrained in spain by that council . and if our author please to observe it , till they came to be corrupted by covetousness and ambition , their chiefest employment was to make peace between their neighbours , as chancellors and arbitrators , rather than as lawyers and judges . in earnest , whoever shall consider the intricacy of the laws of england , as they are called the common-law , will rather believe , when they sate as chief justices , if ever they did so , their seats were among others better versed in the common laws than themselves , and they sate rather to direct what was equal according to the rules of mercy than according to the rigorous balance of justice . this certainly was their office when they sate with the earl in the county-court . mr. lambert in his laws of edgar , cap. . hath these words : celeberrimus autem ex omni satrapiâ conventus bis quotannis agitor cui quidem illius diocesis episcopus , & aldermannus intersunto quorum alter jura divina , alter jura humana populum edoceto . here you see the bishops office was only to teach the people the divine law , as the earl or alderman did those of the land. his next suggestion is , rather a conjecture than a proof ; to wit , that this canon was never received , ( contrary to himself before ) or that if it were received it was in diminution of the king's prerogative , and so repealed by the statute of h. . cap. . he might as well have said , that all the ecclesiastical laws , as of tithes , marriages , probate of wills , and other faculties now exercised in the ecclesiastical courts , are against the king's prerogative , and therefore void . what success an attempt of that nature lately had , he may easily call to mind . but let me bring into his remembrance , what the statute made in the same parliament , h. . cap. . hath in the preamble of it . whereas his majesties realm recognizeth no superiour under god , but only his majesty , hath been , and is free from subjection to any mans laws , but only such as have been devised , made , and ordained within this realm for the weal of the same , or to such others as by the sufferance of the king and his progenitors the people of this realm have taken at their free liberty by their own consent , to be used among them , and have bound themselves by long custom to the observance of the same ; not as to the observance of the laws of any foreign prince , potentate , or prelate , but as the ancient and accustomed laws of the same by the said sufference , consents , and customs , and none otherwise . we see here , the sense of the whole parliament , that such laws as had been used and accustomed , should be look'd upon as the laws of the kingdom , and not of any foreign prince or prelate . now let him tell me , what laws were common to us with any foreign prelate , except the ecclesiastical and canon-law , which having been here used , are acknowledged a part of the laws of the land by usage and sufferance of the people . so that we have now a whole parliament , that they did not look upon these as against the kings prerogative , and so null as this author would have it ; but fully confirmed as part of the english law. agreeable with this is my lord coke in cawdrey's case , lib. . . b. it is , says he , resolved and enacted by authority of parliament , that all canons , constitutions , ordinances and synodals provincial , that have been by common use allowed , shall be of force , and not to be taken away , but by act of parliament . now himself confesses that the canons are against him ; then may i well conclude , that the law is against him , since all canons then in use , are part of the law at present . page . he tells you , the sanction of this law , which was irregularity , is now ceased , and that some of our most learned judges have declared , that is taken away by the reformation . first , i am to learn , that irregularity was the sanction of the law : i always understood , that the sanction of a law was the matter established by it , obedience to which , was required under the penalty of irregularity ; but i will not stand upon that , which if true , would open a door to disanul all laws made under a penalty , by pardoning that . but the fore-going statute of h. . cap. . clearly shews , that all canons accustomably used , are still in force ; who hath then taken off the penalty ? if no body , then their forbearance in cases of blood ought still to be observed in obedience to them . of this opinion were the parliament , both lords and commons , in the case of the earl of strafford ; whom this author is pleased to honour with the name of a cabal ; as also , the proclamation to call in my lord keeper finch , who was then fled ; both which , were done in the absence and after the bishops were withdrawn , and after william , bishop of lincoln , had given his opinion they ought so to do , and are taken notice of by the author of the letter , pag. , , . and by him very materially observed , that that proclamation against my lord finch , was drawn by the judges , by order of the lords temporal , after the old parliamentary way : from whence it is easie to infer , that it was the old parliamentary way , for the judges to draw up such proclamations , by command of the lords temporal , and that the clergy medled not in those matters . to all that hath been said to this purpose , he hath either given no answer , or what makes against him . he tells you , that my lord of canterbury was first named in commission for the tryal of the queen of scots . this signifies little ; for here he was only a commissioner , but no judge in parliament . secondly , that though the queen could not dispense with the law in general as to all individuals , yet to any one she might , and the express naming him a commissioner , might amount to a dispensation . thirdly , though the arch-bishop was named , yet he was not present at the tryal ; whose names you may see in cambden's annals , anno . and therefore the canon was observed : for , what other reason could be given for his refraining that service , but because by it he might have become irregular . i shall add one or two authorities more , and so conclude the point . arch-bishop abbot in king iames his time hunting in one of his own parks , shooting at a deer , by an unfortunate glance of his arrow , kill'd his keeper : much debate there was , whether this act had made him irregular ; and that it did so , was strongly argued by williams , bishop of lincoln , then lord keeper , who said , that by the canon-law then in force , he was ipso facto irregular . here you see the canon-law was then deemed in force , and irregularity to be by it contracted . at last , commissioners were appointed to examine the business , whose names you may see in rushworth , both divines , civilians , and common lawyers . after a full debate , they agreed he was not irregular ; for this was no crime , and therefore by law could not contract irregularity ; for , by law the arch-bishop was allowed to hunt : this accident being only chance medley , could not bring any guilt upon him . but there was not the least doubt made of the canons being in force , and that punishment might be inflicted upon the breakers of them . baker's chron. pag. . who being then a man of good age , made this relation upon his own knowledge . this may serve in answer to his reflection upon dr. oates , that he hath incurred irregularity by his discovery of the horrid plot , not yet fully examined , for this discovery was but his duty ; so far was it from being a crime , that it deserved , and hath already found some reward from his majesty . of the same opinion was arch-bishop laud , with the rest in the star-chamber , in the censure of dr. leighton ; where arch-bishop laud would not suffer any corporal punishment to be inflicted upon him until he was first degraded , nor his ears to be cropt in st. paul's church-yard , because the ground was consecrated ; now degradation and consecration of places , are the fruits of the canon-law . lastly , one madie was in the high commission court pas. car. . declared irregular , and deprived for the same , having first , as was alledged , preached after suspension . by all which it plainly appears , that irregularity may be incurred at this day ; and therefore those canons not against the king's prerogative , nor consequently , taken away by the act of hen. . but that irregularity may still be contracted by the breach of them . i have now done with his two first chapters , which contain the substance of his whole book , and have shewed ; first , that it is not clear that bishops were barons , otherwise than by appellation ; that they were never enobled in blood ; that no instrument can be produced what baronies were annexed to their several possessions , whose bishopricks have the title common to other noblemen ; as lincoln , carlisle , bath , worcester , york , and others , which is not usual , that one should be duke or earl , and another baron of the same place , beside the superfetation of baronies , by dividing one bishoprick into several baronies . but , that it is much more reasonable to believe that their tenure in cap. by baronage service , which was imposed upon them as a burthen , not an honour , might cause them to be called to parliament as barones minores , lesser barons , but not left out at the king's pleasure , as the lesser barons were , because they were to summon the clergy to convocation . secondly , i have made it apparent , that the convocation is properly the third estate in parliament , of which they constitute the upper house , and not other than a part of a third estate among the lords . thirdly , admitting they were a third estate in the lords house , entire as some think , there could be no colour for their tryal of a noble-man , who is a member of another estate . fourthly , the canons of the council of toledo , were not the first cause of their absenting themselves in cases of blood. fifthly , i have vindicated the parliament at clarendon from all his exceptions , and made it very plain by the natural construction of the words , as well as by the interpretation of his own author fitz-stephens , they are not to be present at any consultations or debates , where the end may be blood ; and that the proceedings in the council at northampton make fully against him ; as also , his fancy that the bishops had right to be present till the definitive sentence concerning blood was to be given , is against the opinion of both houses , in the last parliament . sixthly , i have shewed that the protestation made richard the second , if it were not a law , was a solemn confession by themselves , that the canon-law was against them , and further given great probability that there was in it respect had to the established law of the kingdom . seventhly , i prove that the canons are still in force , that they are a part of the law of england , and not to be annulled but by act of parliament , and that irregularity is not taken away by the reformation . lastly , i have given clear answers to all his pretended authorities and reasons urged in his second chapter , and shewed , that they are either not to the purpose , or misapplyed , or against him . i should now come to examine his precedents in his third chapter , and assert the manner of tryal of bishops by common juries , but that is fully done by the learned author of the discourse of peerage ; and for precedents , if there were any , as i think there are not yet , the law being against him , they would signifie little . yet , least he should think himself neglected , i shall in the next chapter take them into consideration . chap. iii. i will not be long in the examination of his precedents ; because , in my opinion , the lords in the last parliament have determined the controversie . for , our author contends , that the bishops have right to be present till the definitive sentence comes to be given , and longer if they please , for he sets them at liberty . now the lords in their explanatory votes , made may . . have declared , that the bishops have right to sit in court till the court proceed to the vote of guilty or not guilty . tho' this their lordships have now admitted be a liberty greater than , i think , their predecessors ever enjoyed , who in cases of blood went out at the beginning , yet this vote takes from them all power judicature as peers to the lords , for it gives them no liberty to pass any vote , but only allows them to sit as spectators , but reserves the judgment to themselves . i perceive this author is not willing to give much credit to the relation of brompton , touching what he reporteth of the king 's appealing earl god-win of the death of his brother . i will not concern my self in this matter , it being before the conquest , and a story in which the relaters much differ ; some say 't was at the table , others in council ( why not in both ? ) next his appeal is to the earls and barons . i wonder our author doth not say that the bishops were here meant by barons . for if there were then no barons , some others must be comprehended under that name ; and not long after , our author tells you , the bishops were comprehended under that name in the case of hamel . vid. leg. edvar . conf . cap. . & nono de decimis & apibus , where the name barons is used before the conquest . i will not give overmuch credit to this relation of brompton , the rather , because william of malmsbury looks upon it as a romance ; for he saith , rumigeruli spargunt , cronica tacent . yet perhaps brompton's authority may go hand in hand with fitz-stephen . but , admitting the story had some truth in it , his endeavour to prove the bishops present , is not unpleasant . he tells you , after the conversion of ethelbert , they were never absent in any councils of the nation that were publick , and that there was then no canon to be afraid of ; for the council of toledo was brought in by lanfrank some time after . first he assumes a negative , they were never absent ; which cannot be proved , except by one who had lived all those times . next he tells you , they had no canon to be afraid of : it seems they lived then without rule ; i do not believe this author would have them do so still . thirdly , he saith that council of toledo ( take the first or the eleventh , the last of them about five hundred years before ) was first brought in by lanfrank . i think the substance of that council was observed before , but not established as a canon till the synod at westminster , of which i have spoke before . the story of the arch-bishops condemning queen emma , might be as true as that other of godwin , and both romantick : but however , he tells you , the bishops did certainly sit in the county-courts at all judgments . what their office was in those courts , i have told you before out of the laws of alfred : as also you may find the same in sir henry spelman's gloss. verb. comes . pag. , . where he at large discourses of the causes to be tryed in those courts , and tells you they were only for the ease of the poor , and things of small value ; and that the great and powerful men had their tryals in the kings courts ; and more to the same purpose , which the reader may peruse if he see good : and in part are transcribed by the author of the letter . pag. , , . now let any man judge whether the opinion of sir henry spelman , or his conjecture of capitalia placita , and the legend of saint cuthbert , be of most credit . the author of the letter tells you , that no capital crimes were triable in the county-court . but our author tells us out of the laws of edw. the confes. set out by henry the first , mention is made of capitalia placita , cap. . the title of the chapter is , de capitalibus placitis . the words follow : in summis & capitalibus placitis unus hundredus , aut comitatus judicetur à duobus , non unus duos judicet . sic inter judices studia diversa sunt , ut alii sic alii ali●…er fuisse tendunt vincat sententia meliorum & cui justicia magis acquieverit . interesse comitatui debent episcopi comites , & caeterae potestates qui dei leges , & seculi negotia justâ consideratione diffiniant . recordatione curiae regis nulli negare licet alias licebit per intelligibiles homines placiti , & nemo de capitalibus placitis testimonio convincatur , &c. — unusquisque per pares suos judicandus est . in this obscure law there is nothing at all that sounds like a tryal in criminal matters , except our author will say , that in such cases no man shall be convicted by witnesses , when there is no other way to try matter of fact , except his own confession : for , the words are , that no man may be convicted by testimony . next , it is plain , summa , and capitalia placita are joyned together , one explaining the other ; so that i conceive nothing more is meant than considerable cases , where the matter in law was dubious to the judges , who were not one bishop , and one earl , but bishops , earls , and other great men , and the judgment was not to be given according to the major , but of the better opinion of such as were the judges . the records of the court were not to be denyed to any man , ( others it seems might ) by understanding men concerned in the cause . the meaning of the law i take to be , that cases of right might be tryed here of any value , but criminal cases were not medled withall . i remember not to have read any where , that capitalia placita had that signification our author suggests ; placita coronae , placita parliamentaria , and placita communia i have met with ; but capitalia placita , for placita capitalium criminum , is new to me . however the meaning of that be , yet the manuscript life of saint cuthbert , as to the thing it self , will help us out . he tells you ( it may be with as much truth as brompton ) that one hamel the son of earl godwin , being imprisoned by the earl of northumberland , his friends earnestly interceded with the earl , that he might not loose his head. here indeed we find a man imprisoned by an earl , application made to the earl in his behalf ; no mention of any bishop , any tryal , or any farther proceeding in the business : but the tryal , and the bishops presence at it , are both supplyed by our author , who hath proved neither , or produced greater proof than the authority of a loose legend , and that lame too : and yet upon this he triumphs , as if the point were clearly gained , when there is nothing of what he would have made good by him . is it not now a thousand pities , that so well sounding words , so well put together , should signifie nothing ? the next precedent our author takes into consideration , is that of nicholas segrave , cited by the author of the letter , pag. . by this author , pag. . which he would evade , by supposing the bishops might be comprehended under the name of magnates , or counsellors , and shews , that some of the bishops were probably then of his counsel . for a clear answer to these surmises , i shall give you shortly the whole case , as you shall find it at large , inter placita parlam . ed. . riley , pag. . nicholas segrave had summons by the sheriff , and the command of the king , to answer to such things as should be objected against him , and to hear , and stand to what the curia domini regis , to wit , the parliament , consideraret in praemissis . segrave upon this summons , venit in pleno parliamento in praesentiâ ipsius domini regis arch. cantuariensis , & plurimorum episcopor . comitum , baronum , & aliorum de a consilio regis tunc ibidem existentium . nicholas de warwick ( perhaps the king's atturney ) accuseth him of many and great crimes , which he offers to prove . segrave confesseth all , submits to the king de alto . & basso , et super hoc dom. rex volens habere avisamentum comitum baronem , magnatum & aliorum de consilio suo injunxit eisdem in homagio , fidelitate , & ligeantia quibus , ei tenentur quod ipsum fideliter consulerent qualis poena pro tali facto sic cognito fueri infligenda . the comites barones , magnates , &c. adjudge him worthy of death . after this , the king pardons him , and orders him to put in seven sureties , and to render himself a prisoner at the king's command , and to be accountable to the king for the issues of his land , held in his own or his wifes name : this , in short , is the case of segrave , in which it is very clear , that at the accusation the bishops were present , as of right they might be , but at the tryal they are omitted . now to suppose them comprehended under a general name , and out of order , who were particularly expressed when their presence was lawful , is both unusual and unreasonable : unusual , because it is against the rule of law , to comprehend the greater after the nomination of the lesser ; and so to take the bishops under the name of great men who are constantly first named , and were so here at the beginning . secondly , 't is unreasonable to make a different construction of the same words in different cases or laws : now we know that in the statute de asportatis religiosorum , the words are comites , barones , magnates , where we know the bishops were not comprehended under the name magnates , nor ought to be here ; and to suppose the contrary is against the current of all acts of parliament and records . by the magnates , and alii de consilio were meant the judges and other counsellors at law , whose advice the king required , as was very just and usual in those times . 't is likewise observable , that the word consilio is written with an ( s ) which shews , those counsellors he advised with were not necessarily members of parliament , for then the word would have been written with a ( c ) concilio . his remarkable precedent of the d'spencers , will stand him in as little stead ; in the reign of edward the second they were both condemned , and the exilium hugonis d'spencer is to be seen in the old natura brevium . those judgments were afterward reversed at york , in edward the second ; but in edward the third , the first judgments were affirmed , and so they were look'd upon as condemned persons , which continued ( though themselves were dead ) for above seventy years ; til by the prevailing party , in richard the second , that act was again called in question , as void , in regard the bishops were absent : and the bishops desired to make a proctor by the commons , which they accordingly did ; but at last , through their exorbitant proceedings , that whole parliament was repealed in henry the fourth . to this i have largely spoken before , to which i shall refer the reader , with this farther advertisement , that in troublesome times things are not always carryed as they ought to be ; wherefore , we are not always to look at what was , but what ought to have been done : neither are we to be governed by seeming precedents , such as sometimes , as in the case of ship-money , may be produced against law. i have before made it manifest , that the canons of the church long before lanfrank's time forbad clergy-men to meddle either in blood or secular employments ; neither is it reasonable to believe the laws of this land were different from the general rule incumbent upon all clergy-men to observe , especially when we see the immunities granted them by king stephen were so early recalled by henry the second , and the constitutions then made at clarendon , look'd upon as the ancient customs of the nation ; insomuch , that the discourser had very good reason to say 't was the common usage , which is the common law of england . pag. . our author comes to the examination of those records urged against him : and his exceptions in general are : first , that they are negative , the bishops were not present at tryals of blood , therefore they had no right to be present . secondly , they were sometimes absent when they were not prohibited , therefore their absence was voluntary . thirdly , they are sometimes comprehended under the name of peers , or grands , and therefore may be comprehended under those names when the name prelate is not expressed . if this author can be driven out of these holds , i shall believe he may fairly quit the field , without any dishonour . i shall begin with the tryal of roger mortimer , in edward the third , but we must fetch our judgment from what was done in edward the third ; where , upon the desire of roger wigmore , cousin , and heir of mortimer , that attainder was examined , and all the proceedings repeated ; and upon the whole matter , the king charges the earls and barons , the peers of the realm , that for as much as these things principally concerned him , and them , and all the people of his realm , that they would do such right and loyal judgment as was fit for such a person to have . the words upon the record are , le roy vous charge counts , barons , les pieres de son royaum que de si come cestes choses touchent principalment a luy , a vous , & a tout le peuple de son royaum que vous facies , au dit roger droit , & loial iugement come attient a un tel d'avoir . which said counts , barons , and peers of the realm , returned and gave their judgment , &c. the words are , the king charges you counts , barons , the peers of his realm , not as our author renders the words , earls , barons , and peers of the realm , as if peers were there distinct from earls and barons , when the words import no more than who were those peers , to wit , the earls and barons : therefore the author of the letter had reason to say the bishops were not there who were left out in the reference made by the king , whose words are , to the earls and barons , the peers of the realm . now if the question be asked who are those , must not the answer be , the earls and barons ? so that the bishops must be comprehended under the names of earls and barons , or not at all . from whence it will follow , that this negative is something more than a bare negative , we may at least call it negativum praegnans , a negative big with an affirmative : for it is first told , who were those peers . secondly , to whom those judgments belonged . chiefly to the king and them , and consequentially , to all the kingdom : and whatever the practise is now , i think it not hard , to prove , that anciently no judgment , or very rarely any by the lords in parliament , was complete in criminal cases , or execution done till it was ratified by the king ; yet , that i may render all possible right to the bishops the matter will bear , i would easily grant that ( if they were at all summoned to that parliament ) they might be present whilst the proceedings against mortimer were in reading , but went away when the lords proceeded to the consideration of what judgment was to be given against him , which was enough to give them knowledge of the matter in agitation , and as much as was requisite to make them parties , according to the opinion of my lord coke before cited . i said ( if they were summoned ) because in many ancient parliaments i cannot find they had any summons at all , as in hen. . ed. . ed. . ed. . ed. . and ed. . but after that were never omitted : so that 't is probable enough , that they were not summoned in ed. . who were left out in the sixth year of the same king. but , in this i will not be positive , because it may be the rolls have been lost . pag. . he takes a more exact view of the case of mortimer in ed. . and presseth strongly to have it allowed , that the judgment against mortimer , and some others , was by act of parliament , because the reversal of it in e. . was by act : and therefore , saith he , we may justly suppose , that the judgment against them was ratified in parliament : beside , some historians say , he was condemned iudicio parliamenti , and his own petition is , that the statute and judgment may be reversed and annulled ; and from this infers , that if the first judgment was by act of parliament , and the bishops not there , then they might not be present in their legislative right ; and if they were there , then this negative way of argument proves nothing , that is , they de facto were not there , therefore de jure they ought not to be there . this i confess is subtle , but not solid ; 't is all grounded upon no greater authority than supposition . first , the reversal was by act , therefore the judgment was so too ; this doth not follow , for many judgments in parliament may be reversed by act of parliament which were not so pronounced . his second conjecture hath as little weight , because some historians say it was by judgment in parliament , therefore by act , because it is not a parliament without the king , and lords , and commons ; for , except this be his argument , it is of no force at all ; for it might be , and doubtless was , by judgment in the lords house , which in ordinary speech was called judgment in parliament ; nay , how often doth himself infer the presence of the bishops from the words , full parliament , when the commons were not concerned , and indeed , meant no more than a full house . lastly , wigmore desiring the statute and judgment might be reversed , proves as little : for , every thing ordained that is statutum is not presently an act of parliament though every act be statutum . beside , i do not find statutum in the record , but only the word judgment used ; so that for ought appears from our author , the bishops might well be absent at the first judgment against mortimer , and not comprehended under the name of peers . they have less reason to think themselves included under the name of barons , if we well consider the words of petrus blesensis , who living in the time of hen. . well knew both what honour they had , and what they pretended then to : whose words are ; quidam episcopi regum munificientias , & eleemosynas antiquorum abusivè baronias , & regalia vocant , & in occasione turpissimae servitutis seipsos barones vocant . vereor ne de illis quereretur dominus & dicat : ipsi regnaverunt , & non ex me , principes extiterunt , & ego non cognovi scias te accepisse pastoris officium , & non baronis , &c. vacuum a secularibus oportet esse animum — modis omnibus cura ne secularibus te involvas ; pet. blesens , edit . ult . p. , . by this learned arch-deacon in his tractate de institutione episc. you may be satisfied that he did not believe that bishopricks which arose from the bounty of the king , or alms of the people , were ever erected into baronies by the king , but abusively or wrongfully so called by themselves , who being charged with the service by the king , had a mind to attribute to themselves the name , since they did the service . for , he saith , they did abusively or wrongfully call their possessions baronies , and royalties , and themselves barons , both blaming , and threating them from god for so doing , and involving themselves in secular matters . this author flourished in the time of hen. ii. ancient enough to know the truth , and how they were look't upon in those days . moreover , i do not find it can be made appear , except conjecturally , that they were ever present , where they were not first named . the honour of their function makes them be called before dukes and earls , and being by that reason pralati , le●… no man deprive them of their right , and by post-position make them post lati. lastly , this person being executed in edw. . as appears by the record in e. . cot. p. . without any accusation or answer , makes me believe , the bishops being men of piety , would not by their prefence countenance so illegal a thing , tho they had had right , without entring their protestation , manifesting their dislike of it ; neither do i believe their spirits so humble to suffer a post-position of their titles . but this whole matter , will i conceive , be better cleared , if i shall acquaint the reader with something more concerning this roger earl of march , than hath yet come to this learned person 's knowledg . in edw. . the very next year after the summary judgment was given against mortimer and matrevers , a commoner , at the complaint of the king , we find inter brevia baronibus direct , e. . m. . penes rememorat dom. regis in s●…cio ; that those judgments were per comites , barones , & alios pares regni , not a syllable of the prelates ; nor can the word alios take them in , since in the whole current of records , the prelates were never placed after earls and barons . and the alij pares , were either such as might be extraordinarily summoned ( an usual practice ) at that time , or they were the barons peers , viz. barones minores ; besides , the succeeding words clear the point . for there was in e. . an agreement , and concordia made by the lords and commons , that such proceedings should not for the future be drawn into example , to judg commoners to death upon summary articles , without any concurrence from them . now this concord was made by the temporal lords , not by the prelates , but per nos & pares praedictos nec non communitatem regni in eodem parliamento . now in e. . the reference was made to the earls , and barons ; the peers , to whom of right such judgments belonged , and no prelates comprehended , and here they are called pares praedicti . add to this , rot. parl. e. . numb . . le grant des graunts , where an aid was granted to the king , then in war with france . the record saith les countes & barouns esteantzen dit parlement granteront pour eiix & pour leur peers de la terre qui teignent per baronie la desme garb , la disme tuzon , la disme aignel de touts leur demaignes terres . now if the prelates were understood by the word peers in this place , then it must be granted that the earls and barons taxed the prelates , who always taxed themselves , and the inferiour clergy in convocation : but the succeeding words will clear the matter , which run thus in the same record : et pour ceo quil fu aviis as prelatez countes barouns & autres graunts que pour les ploite des besognes , &c. the record is touching a speedy supply to the king. here we see where the bishops were concerned , they were named , which shews they were no more comprehended under peers before , than under the word magnates in this clause . i could multiply records to this purpose , and am confident , no clear example can be given where they were necessarily comprehended after counts and barons . the next authority he quotes to weaken the authority of those he calls negative precedents , is the case of the murther of iohn imperiall , a publick minister sent from genoa . this case i conceive , is not truly stated by the author of the letter , and misapplied by the grand questionist . the point in question in the record was , what offence the murther of this publick minister was ? which matter was referred to the judges for their advice , who agreed that it was treason within the statute of e. . this their judgment was confirmed in parliament , whilst the doubt was in agitation among the judges , 't was not material who was there . but after they had given their sense , what was meant by this confirmation in parliament , is the next question : whether more were meant than an approving of the opinion given by the judges , by them drawn up in form ? and this may well be the meaning of that whole proceeding , which practice is usual in our days , but cannot be called a judgment in parliament , tho it might be their opinion . but if you will rather believe it to be by act of parliament , then must the commons be parties , of whom we hear no mention , nor any statute to that purpose extant that i can find ; and in that case the bishops might have been present if they would , and whether they were or not , is not material . vid. cot. . r. . n. . p. . yea in acts of parliament , when the sentence comes to be given , they are to withdraw , as it was held by mr. edward bagshaw , a learned reader of the middle temple , who for some opinions by him held touching the bishops , was by the power of arch-bishop laud suspended from proceeding in his reading . rushw. hist. coll. tom. . p. . the next precedent is in e. . which in conclusion , will do him as little service as the former . the author of the letter pag. , . tells us , that that parliament was summoned for redress of the breach of the law , and the peace of the kingdom ; and the record saith further , that 't was to consult touching lands in guienne , and the marriage of the king ; in which the bishops went away , and returned no more . i confess , i know no reason but they might have staid , it seems they thought otherwise , being in all likelihood privy to some actions to be treated there , wherein sentence of blood might be pronounced . but be their reason what you will , their words are these . et pour ceo que avisefust a les dits prelates qu'il nattient proprement a eux de counseiller de la gard de la paix , & de chastiment de tels malvois s'allerent mesmes les prelates . which words do not only import that they voluntarily went away , but that it did properly behove them not to be present in such matters , or to give counsel for the punishment of such crimes . the same word is used in hen. . cot. p. . where the king by the mouth of the arch-bishop of canterbury , declares that the commons in that case were only petitioners , and that all judgments belonged to him and the lords ; belonged , that is , the commons had no right thereto ; so here nattient proprement is that properly they had no right thereto . that all judgments belonged to the king and lords , is only an affirmation of the arch-bishop , but binds not the commons : see posthu . cottoni , p. . for i think it very plain , that anciently the commons , as well as the lords , had their share in judicature . i shall touch some records which the reader may consult at leisure ; rot. claus . . e. . m. . in the case of hugh audley and his wife margaret , the relict of pierce gaveston ; they petition'd to be restored to certain lands given to pierce , a nostre signure le roy , & son cons●…l prelatez , countes & barons del ' sa terre : the petition was brought into full parliament and debated , habito dilige●…i tractatu in pleno parliamento , tam per pr●…latos quam per comites , barones , & totam communitatem regni concorda●… , & consideratum ; 't was ordained , considered , and agreed , per praelatos , comites , & barones , & tot●…m communitatem regni , that all the king's grants to the said pierce , peter , and his wife ; should be revoked , and the deeds cancelled . et quod istud iudicrum intretur in rot. parliament , & in cancellari●… , & exinde ●…iur in scaccarium , & ad utrumque bancum , to be enrolled . nothing can be plainer than that this was a judgment , and no act of parliament , and that not concerning blood , the prelates concurred , and that probably both houses sate , and voted together as one body . i shall add one record more in a capital case , and that is entred , rot. patent . e. . pars prima me . . the case of adam orleton , or tarlton bishop of hereford , and after of worcester . this bishop was about e. . convicted of treason before sir henry staunton , and other justices . in e. . he petitions that the process and record , in which there was error , might be brought into parliament and examined , and he restored to his estate . praetextu hujus petitionis mandatum fuit ( by a writ ) galfrido de scroop ( who had the record ) quod venire faceret recordum , & processum praedicta quae sunt in custodiâ suâ in pleuo parliamenio , where after he had assigned several errors , the record concludes ; et quia videtur dom. regi praefatis comitibus , proceribus concilio dom. regis , & toti communitati regni convocatis ad parliamentum quod praedictum recordum & processus omnino erronea sunt rationibus praedictis concessum est quod eadem recorda , & processus adnullentur , &c. this was clearly a judgment in parliament , in which the commons were certainly present : and that it was not an act , appears plainly , for the record was certified , and errors assigned ; and 't is worth observation , that he did not assign for error , that he was before convicted by a common jury , but admitted it legal . next , i think the prelates were not parties to the reversal of the judgment given in e. . for it is coram praefatis comitibus proceribus , &c. though they were at the recital of the errors ; neither is it much material , for they might very well be parties to the examination of a judgment in a capital case ; for whether they concurred either in affirming , or reversing the record , that made them no parties to the first judgment , but is only a concurrence in opinion , that what before had been done by others , was well or ill done by them . i could cite many other records where the commons were present in parliamentary judgments , but let these suffice . but this may seem too large a digression , since i was upon the consideration of e. . in which i say , secondly , it doth not appear that this was an advice taken up by themselves ; for the words are not ( fust avise par eux ) or ils furent d'avis , it was thought fit by themselves , but are ( et pour ceo que avis feust a eux ) that is , because advice was given them by others to go away , they absented themselves probably in obedience to those laws which forbad their presence : and they returned no more , saith the author of the letter , p. . and the advice was given by the lords temporal only : no , saith the grand questionist , p. . the bishops and proctors of the clergy went only into another room to consult therein , which was usual in those times . i do not at all doubt but the members of parliament have several rooms to retire to upon occasion : but that in this case , they did go apart to consult , and give advice in this business , seems very unreasonable for any one to believe , because * they had but immediately before declared , that the consideration of such matters properly belonged not to them to meddle with , and accordingly withdrew : certainly no considerate man will think they went to consult about what they in the same breath said belonged not to them . besides , we see the return of the lords and commons , without any mention of the bishops , and the advice given by them by the mouth of sir henry beamont ( their speaker ) which advice was afterwards put into a law , and then the prelates might be present , tho they were not at giving the advice . for the record saith , it was enacted by the king , bishops , lords , and commons , which then became a law , to which the prelates might justly give their consent in their legislative capacity , whatever it concerned . where note , that sir robert cotton translates grands , commons , i think with good reason , though carp't at by mr. prin in the margine , for we heard nothing of them before , and soon after we find them named , and undoubtedly concerned in all proceedings before : see matth. paris p. . magnates , grands , comprehends counts , barons , knights , or any other considerable person , together with many others which would be endless to quote . having before shewed , that what our author calls negative precedents , were not simply so , and that the author of the letter had great reason to believe them absent where they were not named , and where the laws forbad their presence , especially having on his side the authorities of e. . numb . . of h. . numb . . where the temporal lords assume unto themselves the power of judging peers , which opinion is also made good by the late votes of the lords in parliament , may , . by the case of dr. leighton in the star-chamber car. . it is evident that the prelates were not look'd upon in the same sort that the temporal peers were ; for the information against him was for writing a scandalous book against the king , queen , peers , and prelates , where peers and prelates are contra-distinguished , and not taken synonymously , as may be gathered by the sentence , and being another body , were judged as peers to one another , not to the temporal lords . i come now to the consideration of what he saith pag. . he there alledges that many of those the author of the letter calls negative precedents , if they prove any thing , prove too much : for some of them admit they were not present when they might have been ; others , that they were present , when by his own rules , they should have been excluded , either therefore the general words where they are not mentioned , do not enforce their absence , or that they oughtto have been excluded at some other trials , where the author of the letter admits they were , or might have been present . the chief case he instanceth in , is that of michael de la pool chancellour of england , who was accused of many misdemeanours by the house of commons , and as ( i think he would infer ) such as thorp chief justice , was found guilty of , being capital : where the author of the letter saith , the bishops were not present , yet allows them to have been present in the case of this chancellour , a parallel case , as he saith , with that of thorp : either therefore , saith our author , they might have been present in the case of thorp , or they should have been absent in trial of pool . this is his argument , as near as i can gather out of his words , put together something obscurely . i need give no other answer to this , than to lay before you the words of the record . this accusation was exhibited by the commons in r. . against michael de la pool , lord chancellour , in full parliament , before the king , bishops and lords , and six articles were objected by them against him . the first was , that he purchased lands of the king of great value , whilst he was chancellour ; the other five , as the record saith , were only quarrels , and of little concern . to the first , and most considerable , the chancellour put in a fair answer ; the commons reply , and urge things to the utmost , and amongst other things , say , that whereas by the popes provisions , a person was recommended to the priory of st. anthonies ; he , the said chancellour , would not suffer him to be admitted till the grantee had contracted to pay to the chancellor , and his son l. yearly : and then parallel this with thorp's case , and would have had the chancellor in the same fault with thorp , for bribery as a judg , and consequently incur the same judgment . the chancellor replies , and shews great difference between the cases . upon the whole matter , judgment was given against him , pursuant to the accusation for misdemeanours only , in which the bishops were , and might be present ; and the parallelling it with thorp's case , was only in the management of the cause by the commons , and no part of the accusation . neither is it reasonable to believe that which our author asserts in the same page , that the prelates were free agents , and might withdraw at some times , and be present at others , as they saw cause . for beside that , this is contrary to the express law of clarendon , which expresly declares that 't is their duty to be present in all proceedings in curia regis , which in that place must be understood of the parliament , because they were to be present with the other lords , tho i know that curia regis , is sometimes taken in a more laxe sense ; for all the courts in westminster are the king's courts , and unto which they were to give obedience and attendance in cases not prohibited . i say , over and above , this act at clarendon , it seems to me very unreasonable to suppose , that such a body of men had liberty to give their attendance when they pleased , without leave of the house , or cause shewed why 't was fit they should be absent , or that the author of the letter meant more when he saith , they might have been present , than that they were not prohibited by the law of clarendon , which only had relation to matters of blood. but these men had other canons to go by , when they thought fit , as well as those of toledo , and 't is probable enough , that the rest of the noble-men , finding them most constant factors for the pope , were willing enough to let them be absent upon any colourable pretence when they desired it . is not one clear precedent against them in point of greater weight , than many dubious , and equivocal ones ; which cannot without great art , be wire-drawn to speak to their advantage ? let him consult the discourse of peerage , pag. . the case of the earl of northumberland , hen. . rot. processus cor dom. rege in parl. in hen. . this noble-man came into parliament , and confessed before the king and lords , that he had done against his allegiance , in gathering power and giving liveries ; this fact by the lords , was adjudged no treason , for which he gives thanks to the lords his judges , and a day after , the commons do the like , where the prelates are named , as our author affirms , and to which i shall speak by and by . but in hen. the same earl was in actual rebellion in the north , and his forces dispersed by the earl of westmarland ; but he , and the lord bardolf fled into scotland , the rest were most of them taken prisoners . this case came into parliament , where the king commands the lords temporal , peers of the realm , to advise what process to make , and what judgment to render against the earl of northumberland and lord bardolf . nothing can be plainer than that the king look'd upon the lords temporal as those peers who were proper to give judgment touching their fellow peers , who had fled from trial in a case of blood : the record goes on ; the said lords advised thereupon , and gave counsel to the king : then the said lords , peers of the realm , by assent of the king , order summoning the said lords to appear at a day given , or to stand convicted by award of the peers in parliament . the king farther demanded the opinion of the lords temporal touching the arch-bishop of york , who was in the same treason . the lords temporal , by the assent of the king , and by their authority , declared , and awarded the said earl , and lord , to stand convict of treason , for not appearing upon summons . 't is very clear , that this whole business was transacted by the lords temporal without the bishops , and with the concurrence of the king. 't is not to be believed that the bishops would have sate quiet , had they thought themselves wronged in these proceedings : see the discourse of peerage , pag. , . i think it hardly possible to find a more clear record in the point than this is . first , here were two noble lords defeated in actual rebellion , and fled from justice into scotland . the king upon this , would not so much as consult with his prelates , knowing them by law no proper counsellours against peers in matters of blood , applies himself to his lords temporal , they order proclamations by order of the king , enjoyning the said lords to appear at a day certain , or to stand convict ; they not appearing , are by award of the lords temporal convicted of treason ; and a year after , one is slain , the other mortally wounded at bramham-moor in york-shire . can any thing be more agreable to the practice at this day against men that fly from justice , and are convicted for non-appearance ? he must have a new way of reasoning , who considering that in e. . the earls and barons are declared those peers , to whom such judgments belong ; that in e. . the prelates declared , that in a case where blood might be , it belonged not to them to be present ; that in r. . the temporal lords were only concerned in a case where the accusation was treason , with many other cases , that in hen. . the lords are declared judges in such matters ; that in hen. . in a like trial or judgment , the temporal lords are all named , who were the judges ; that now in hen. . the temporal lords are again declared judges , and after all this , that the prelates should be deemed proper judges in cases of blood upon bare surmises , and no direct proof , seems to me to savour of a man wedded to an opinion which he resolves to maintain ; when at last , tho precedents confirm what the law is , 't is that must determine the controversy . this i say in relation to what mr. hunt objects . this precedent may in part , serve to give answer to those arguments drawn from the identity of names , to the identity of right . the bishops saith the grand questionist are sometimes comprehended under the name of grands , seigneurs , and peers ; therefore their right is equal to all others who enjoy those names : how he attempts to make this good , we shall see anon . but first , let him consider how weak a way of arguing this is ; we know nothing is more equivocal than names . many are called lords , who had once that name , as embassadors , chief justice , &c. or such whose fathers are dukes ; so earls eldest sons , yet are indeed but commoners : so baronagium comprehends all the whole parliament ; barons there are of the cinque-ports , of the exchequer , and of some chief towns , as i have noted before from mr. selden : so we are not to judg the right from the appellation , but govern the appellation by the right . the first precedent he urges is , pag. . where in e. . an act passed for trial by peers , cotton , numb . . 't is agreed unto by the king , and all the grands in full parliament , that tho the lords had tried some , who were not their peers , upon accusation by the king in a summary way against law , it should be so no more . if the bishops were here comprehended under the name of grands , so were the commons too , if it should be an act of parliament ; will he hence infer , that the commons have an equal right with the lords because they all are called grands ? who were esteemed grands or magnates , see matth. paris , in anno dom. . inhibitio ne qui magnates , viz. comes , baro , miles seu aliqua alia notabilis persona , &c. here you see under magnates , are taken earls , barons , knights , or any other person of rank . so milites comitatuum , and barones quinque portuum , are called magnates inter com . brevia de term . sctae . trin . sct. mich. an. . e. . penes rentem . dom. thesaurarij in scaccario ; he that desires more , let him consult mr. petyt's learned discourse of the ancient rights of the commons , pag. , . and in sundry other places . i think therefore i may safely conclude this point : that where grands are named alone , there not only the bishops , but the earls , barons , judges , and commons might be comprehended , but where the grands are mentioned after the earls , and barons , there the bishops who ought first to be named , shall never be taken in secondarily , and by implication . neither is it any thing to our question , whether it were for their honour to be absent in some cases , as he intimates , pag. . in the case of roger mortimer , but what the matter of fact was . pag. . he would comprehend the prelates among the peers , because in e. . n. . the words are , all the peers , counts and barons assembled in parliament , upon strict examination , do assent , and agree , that john mautrevers is guilty of the death of edmund earl of kent . here he would infer that the prelates were present at the examination of that capital crime , under the name of peers , because at that time , there were no dukes , nor others of superiour degree to earls ; but he doth not consider , that the word peers , in this place , doth only denote who those peers then mentioned were [ peers ] viz. earls and barons , not bishops , as before magnates , viz. comes , baro , miles , &c. as when we say a noble-man is to be tried by his peers , we understand only those that are truly so , and not others that sometimes may be called so ; this is much cleared by the record hen. . n. . the lords temporal by the assent of the king , adjudged thomas holland late earl of kent , iohn holland late earl of huntington , and others , traitors ; this judgment was after the parties were dead , and but the second successor after edward the third . why did not now the prelates come in and claim their right ? certainly they would have done it , but that they knew the law and practice was against them ; what else is material in this chapter , hath been taken notice of by the author of the letter , and others ; so that it needs no further examination : and i may safely conclude , that where the prelates are not named , they are not understood . now that in this case , the bishops could not be meant by the word peers , is very plain from the record it self : for the fore-named iohn mautrevers being not in hold , the said peers do pray our lord the king , that search should be made for him throughout the realm ; and a reward promised . now if the bishops were meant by the word peers alone , for earls and barons are named , witness the peers , earls and barons ; then by parity of reason the said peers should be meant only of the bishops , as if they alone had made the desire for the apprehension of the said matrevers , and the earls and barons had been unconcerned , which is absurd : see e. . mem. . n. . seld. baron . p. . our author concludes his third chapter with the case of henry hotspur , the eldest son of the earl of northumberland , who for having levied war with others against the king , was declared a traitor ( being before slain in battel ) by the king and lords in full parliament : this was upon friday the th of february ; upon the same friday , upon that case , and the petition of the earl father to henry , and examination of his cause by the lords as peers of parliament , to whom such judgment belonged ( for the king would then have referred the whole matter to the judges ) he was declared innocent of treason , or felony , but only finable for trespass at the king's pleasure : for which the said earl gave thanks to the king and lords , for their rightful judgment , and also at the same time purged upon his oath the arch-bishop of canterbury , the duke of york , and other lords , who were suspected to be of the confederacy with the said henry hotspur , alias percy . this was the work of friday the th of february ; on saturday the th , the commons give thanks to the lords spiritual and temporal for the rightful judgment they had given as peers of parliament , h. from n. , to n. . this is the whole case as to father and son. now whether the bishops were present at all these proceedings , and how far , is the question . the grand questionist contends they were present at the proceedings both against the father and the son ; at that against the son from the word , full parliament , which he seemeth to infer , must include the bishops ; and at that against the father , from the thanks made by the house of commons the next day after the acquittal of the earl. first , as to the son : it appears plainly by the historians of those times that he was slain in the fourth year of the king , in the life-time of the father , who soon after broke out into rebellion , so that at the time of henry's death he was only a commoner , and consequently not to receive any judgment in the lord's house alone , nor could he be made a traitor otherwise than by act of parliament ; so that the word full parliament , must either refer to some particular act of parliament made in his case , in which the bishops might be present , and the commons concur , or else the proceedings were wholly irregular and contrary to their own agreement , in e. . now from an illegal act , no right can be concluded . as to the earl himself , we find him suddenly after in open rebellion , defeated , and escaped into scotland with lord bardolf , and convicted of treason by the temporal lords , for not appearing upon summons , and all this within two years after . now can it be reasonable to think that the bishops were present at the acquittal of this very lord in h. . who were not present in h. . which was but two years after , nor were present at a like case in h. . n. . against the earl of holland , and others , which was not three years before ? neither can any weight be laid upon the thanks of the house of commons , which was only matter of complement , and performed at another time when the house was assembled upon other matters , but seeing them there , might extend their thanks to them also , who though they could not contribute , did nothing to hinder the clemency of the temporal lords towards the earl ; besides , at the same time it was accorded by the king , and lords , upon the desire of the commons , that certain ill officers about the king should be discharged , in which the bishops might be instrumental , and very well deserve the thanks of the commons , at which desire of the commons , they might assist , and be absent at the rest . the precedent of iohn lord talbot will not avail him ; he exhibited an accusation against the earl of ormond for certain treasons by him committed ; this accusation was in the marshalsea before the earl of bedford , constable of england . the king , to put an end to this matter , doth by act of parliament make an abolition , and discharge of the said accusation , and discovery . the words are , that the king by the advice and assent of the lords spiritual and temporal , and the commons , made an abolition of the said detection . whoever denied the bishops consent in a legislative way ? and had it been otherwise , the commons could not have been , i think , regularly concerned . . h. . n. . the precedent of the duke of suffolk in h. . i thought to have passed over , being a case as irregular in the proceedings , as unjust in those that put to death that unfortunate man. much art was used by the court to have preserved him from the envy of the people . a parliament assembled at westminster , after dismissed into london , then prorogued to leicester ; that dissolved , and another called at westminister , in which the duke appeared , which exasperated the commons against him . but upon the whole record it appears that no issue was joyned ; for after articles exhibited by the commons , and his denial of them , march , at the least of the eight first , and giving some answers to others on the th , he was sent for again , and the chancellour acquainted him , that he had not put himself upon his peerage , and now asketh him how he would be tried ; who instead of pleading , put himself upon the king's order , who caused him to be banished for five years . by all this it appears , here were no judicial proceedings , which could not be before issue joyned : so that although the bishops were present at the reading of the articles ; yet this can be no precedent to entitle them to be present in judicial proceedings in capital causes , for here were none at all in this case , and till issue joyned , the bishops are not bound to withdraw . neither ought it to seem strange that the viscount beaumont should make protestation in the name of the lords spiritual and temporal against these proceedings , which they finding to be extra-judicial in very many particulars , they did not know , i mean the bishops , as well as some of the lords , what construction might be made to their prejudice : for sometimes they met in one place , sometimes in another , and not always in the parliament-house , to consult of this business . besides , many things pass sub silentio , which being questioned , would not have been allowed : these observations being added to what hath been said by the author of the letter , seems to me a full answer to this precedent , in which the protestatio is only protestatio facti , not iuris . i have thus put an end to the examination of this third chapter , and fully considered all his arguments , and precedents , and come now to a view of his fourth and last chapter . chap. iv. in this chapter our author hath employed all his art to assert the peerage of the bishops , and that they make a third estate in parliament , in what sense they are called peers ; as also that the entire clergy , met in convocation , make a third estate , i have largely shewed before , and shall not now repeat . i admit they are sometimes called lords spiritual , tho not so before rich. ii. but prelates or the like , peers of the realm , peers in parliament . if by that appellation you would make them equals to the nobilitas major , i think they never were , yet have they many privtledges in respect of their seats and episcopal dignity in the lords house ; and , by reason of their most honourable profession , have all of them precedence to barons . i admit also that the clergy is really a third estate ; and that the bishops , in respect that they are the head of the clergy , may sometimes in ordinary discourse be called so , but are in truth never so exclusively to the rest of the clergy , they all making but one body , or third estate , fully represented in convocation , as i have sufficiently , i hope , made appear , pag. , , &c. of this discourse . as also that they had the appellation of barons and peers , not that they really were so , which must have enobled their blood , but in respect of their tenure in capite sicut baroniam , or , per servitium baroniae , and for the most part so called by themseves only . our author's suggestion , p. . that they sit in parliament in a double capacity , as it is new , so is it not solid . he saith , when they sit in the house in a judicial way , they sit only in the capacity of temporal barons ; and that this appears by the constitution of clarendon , where the king requires their attendance as his barons : but that in their legislative way , they have a farther capacity , as representing a third estate in parliament , i say this fancy is new ; for i do not believe any before him look'd upon them as representing a third estate in parliament : and not representing it , i know they have been said to sit in respect of their possessions , which are temporal in their own nature , but not so when given deo & ecclesiae ; but that they sate in any other quality than spiritual persons , i never heard , nor can conceive . methinks if they have a capacity to sit in the quality of temporal barons , they should also have a capacity to change their spiritual robes , and put on temporal . the constitutions of clarendon , he saith , require their attendance in judicature as his barons ; and from thence would infer they sit in the quality of temporal barons . but how doth this follow ? i hope they may sit as spiritual barons . but when all is done , this allegation of his is not sincere , for the words are , debent interesse judiciis curiae regis sicut caeteri barones ; or , cum caeteris baronibus ; that is to say , 't is their duty to be present in trials in the king's court with the other barons , or as the other barons are there present ; which words are far from inferring that they sit there in the quality of temporal barons ( no more than the judges ) rather that they sit not as barons at all , but only amongst them who are so . it is evident therefore that his first argument , drawn from the constitutions of clarendon , is not solid . his next suggestion , that they are a third estate in parliament ( if by parliament he mean their convention in convocation ) from the issuing out of writs to the guardian of the spiritualties in the vacancy of the episcopal see , i shall not contend with him ; only i think it from hence plain , that they have right to sit as members of the convocation properly , where , with the rest of the brethren , they make up a third estate , in which writs there is generally a clause of praemunientes added , to shew that other clerks are to be chosen to sit in convocation , for which reason the guardians in their vacancy have their writs directed to them , lest the convocation should not be full . now how this can prove them a third estate in the lords house , i should be glad this author would instruct me ? so that his conceit of their sitting there in a double capacity , is of no weight , and all his precedents cited to that purpose , might have been spared , which do not in the least measure prove that the bishops sit in the lords house as a third estate ; because clerks shall be chosen to sit in convocation , by writs directed to the guardians of the spiritualties , where there are no bishops , or when they are beyond sea , rather evinces the necessity of a convocation to meet in consultation as to ecclesiastical matters , which are only proper for their function . lastly , let it be observed that his quotations out of the author of the letter , pag. . as to doctor standish his case , are mistaken ; the author's words are , the judges said — the lords spiritual have no place in parliament by reason of their spiritualties ( in which respect , in truth their place is in convocation ) but by reason of their temporal possessions ; that is , holding their tempoporal possessions in nature of baronies . the scope of that book is to shew that a parliament might be held without them , who indeed were no barons , but had liberty to sit among them by an indulgence in respect of their possessions . and at last , i am perswaded our author will hardly be bound by that opinion ; for if that be true , how can they sit there as a third estate , if their right to sit there be only as temporal barons ? this authority is only from kelway , hen. . . see the case at large in burnet . our grand questionist goes on , and endeavours to prove , and clear that intricate matter ( as it hath been made ) touching the interest the clergy then had in parliaments , as well as convocations : but chiefly to prove , that all the interest they had in parliaments , was not meerly upon the account of their temporal baronies , which the bishops and many of the abbots then had ; this he saith , is the great , but common mistake of the author of the letter . 't is first to be observed , that he hath not proved , that to hold land by baron-service , and to be a baron , is all one , which by me is left doubtful , as appears by what is said in the first chapter of this treatise . neither see i any reason why tenere per baroniam , should make a baron more than tenere per militare servitium , should make a knight . secondly , that what he now saith , is only a pursuit of his precedent conceit , that the bishops sit in the lord's house in a double capacity , because , as he saith , there is a distinction made , even in parliament , between the several estates of the clergy and laity . how far this is argumentative , and how far his precedents warrant what he affirms , i shall examine by and by ; only in the mean time , would desire him to tell me , whether they could come to parliament at all without first receiving the king's writ ? and in the next place , whether the king 's writ imply any other capacity , than as spiritual persons , holding their possessions per servitium baroniae , and voting among the lords , in respect of their lands , which are in their own nature , temporal estates in the hands of spiritual persons , but by their dedication to god , made spiritual also ; which is as much as can be drawn from what mr. selden saith in the place quoted by our author , pag. . that they met as counsellors in the saxon's time in their wittena gemot , i will not deny , but whether by virtue of any writ , summons , or rather by general allowance as counsellors , or what other way , he cannot prove : records there are none , or very few ; and historians give but a dark account of those times , and things then one : but which way soever they then sate , certainly by william i. their right of sitting was much altered , the frame of things being in some measure altered also , in so much that they must now meet under such qualifications , and no other , as were by him allowed them , which by all men is agreed to be as tenants to the king in capite , for their possessions , which they held in the nature , and by the service of baronies . this being so , i see not what use he can make of the distinction made in parliament between the several estates of the clergy and laity . the question is not , whether the clergy and laity are distinct estates ? which no man ever denied : but , whether the bishops , distinct from the other clergy in convocation , be an entire third estate in the lord's house : that they are so , no man hath yet proved . his authority out of eadmerus , speaking of what was done in parliament in hen. . saith , it was done utriusque ordinis concordi curâ , & sollicitudine , by the unanimous care and trouble of both orders , ranks , or degrees : why must [ ordo ] signify an estate , rather than a degree or rank ? now i hope men of different degrees may sit together without being different estates . dukes , earls , marquesses , viscounts , barons , now sit together , yet may make but one estate . but let [ ordo ] signify that estate as he would have it , and as he thinks it doth ; why must it signify an intire estate ? or what doth it more import , than that it was done by the joint-consent of the lords and commons ? who might then sit together , and were not at any time left out , as is sufficiently proved by mr. petyt . matth. paris his clerus and populus , and the other cases by him there mentioned , comprehended the whole body of the clergy and laity met together in parliament , including as well the inferiour clergy as the superiour , sitting in their due ranks . all the rest of his precedents made use of by him , seem rather to enforce that the king is not a third estate , than that the bishops are more than a part of a third estate among the lords . but this point , whether the king be one estate or not in parliament ; and how an head can be considered as no part of the body , i leave to others to dispute , but must rest in this undeniable conclusion , that there can be no legal co-ordinate power however the case stands : for as in the body natural , nothing can be done without the concurrence of the head : so in the body politick , nothing can justly be done without the concurrence of the king in matters of publick concern in parliament , except their proceedings deviate from the ordinary rules of the known laws of england . i have put off the examination of the first part of his fourth chapter , that i might conclude this discourse with an answer to the matters he there alledgeth . he finds himself pressed with that strong argument , drawn as well from magna charta , as from divers precedents , that the bishops were not peers to noble-men , but were themselves tried by a common jury in matters capital ; and therefore were not of condition to try noble-men , who had in themselves inheritable noble blood. to this argument he opposes two things . first , that the matter of fact cannot be made out that a bishop hath always been tried by commoners . secondly , that if it could , it doth not overthrow their peerage in parliament . this second assertion i will easily grant , if by peerage in parliament , be no more meant than a community of appellation by reason of their sitting amongst the lords , and their precedence in place , with some other priviledges as to amerciaments , days of grace , and the like . but certainly if it can be cleared , that they have of right been tried by common juries , and that as well before , as after the time of henry the th : nay , that they have not look'd upon the lords in parliament as their peers , and proper judges : i may then rationally conclude that they are not peers in parliament to that end to try , or be tried by noble-men there . it is plain by all our law-books , that out of parliament no such priviledg belongs to them . for first , out of parliament , over and above the express authority of stanford , a judg in queen mary's time , sir edward coke , a great judg in our time , mr. selden a great lawyer , and antiquary ; mr. cambden , an herauld , great scholar , and historian ; all agree that bishops shall not be tried by noble-men , and that manner of triall hath never been put in use as to them . now if this be confessed to be the law out of parliament , let the author give me one example , that a man of right ought for a like offence to be tried by one sort of jury out of parliament , and another in it . the case of appeals , under which covert he endeavours to hide himself , i shall discuss anon . the priviledg they claimed as clerks , was common to all other clerks as well as to them , but there are many cases of clerks tried in secular courts , and the trial allowed to be good , to which purpose , see cook 's second instit. ; but never any exception of theirs allowed of , as if those trials were illegal . as to the case of bishops , and their trials by common juries , mr. selden is very clear , and gives many examples both before , and after hen. th's time , which are not so to be slighted , as this author seems to do . that of john de isle , the bishop of ely's brother , is full to the point ; where the bishop was arraigned , and upon question how he would be tried , stood upon his priviledg as clerk , that he was a member of the pope's , and therefore ought to be brought to his answer before his ordinary the arch-bishop of canterbury , who was there ready to demand him , affirming that he ought not to answer before a lay-judg ; this plea was rejected , and a day given to the bishop , and a jury impannelled , sworn , and tried , ( which shews he had his challenge ) . the jury bring in their verdict , and find that the bishop was not guilty of the fellony laid to the charge of john de isle his brother , and his companions ; but they find that after the felony committed , the said bishop knowing that these persons had committed felony , did receive and harbour them : upon which , a writ was directed to enquire what goods and chattels he had , and his person , upon request of the arch-bishop , delivered him to be kept as it behoved him to do . now let any man judg whether here were not in every respect a legal proceeding . the matter of fact tried by the verdict of twelve men : inquisition made concerning his goods , lands , and chattels , himself ( the crime being only receiving of felons ) delivered to the arch-bishop , either to make his purgation , or to be kept in due manner . was here now any willingness in the court to break the law ? as our author saith , pag. . or not rather a perfect observation of it . is not this perfectly agreeable to what dr. ridley , in his view of the civil and ecclesiastical laws , saith pag. . if a clerk be first arrested by a spiritual judg , and found guilty , he shall be degraded , and delivered over to the temporal power . but if he be first arrested by 〈◊〉 secular magistrate , and tried , and found guilty , he shall be delivered to the bishop to be deprived , and then delivered back to punishment . the precedent of thomas merks bishop of carlisle , our author allows to be against him : but asks whether one precedent before the time of hen. th , be sufficient to expound magna charta : for in this case , the immunities of the church were considered , and a declaration by them , that their priviledges extended not to treason . but for a full answer , i say first , that there are more precedents than one : but if there were not , would not one , with the constant opinion of all lawyers , and judges , be enough to prevail with a dis-interested man , to believe that the peers in magna charta , and the lex terrae , do not intend bishops to be such peers as are to receive their trial by noble-men ? but what exception can be taken to those cases after , and in the time of hen. th ? did he not continue the roman religion all his time ? was it more against his prerogative , than of any of his predecessors ? 't is clear enough that the proceedings before , as well as after , were according to law , notwithstanding the clamour of the clergy , as is plain by mr. selden . i shall now consider the case of adam de orlton , alias tarlton , bishop of hereford . all historians of those times , as well as other later ones , set sorth the violent proceedings of the clergy in that matter , who took him twice out of the hands of justice . but it appears by mr. selden , by the record hill. . e. . rot. . dors coram rege , that he was arraigned in the king's bench , and upon question how he would be tried , refuseth to answer there : day is given , and the indictment brought into the parliament , where he makes the same plea , that he is by the will of god , and the pope , bishop of hereford ; and that he ought not to answer before that court. here you see whatever the carriage of the clergy was , and what-ever judgment was given against him : his exceptions were as much against any trial in parliament by the lay-lords , as else-where . and that consequently the injury they conceived done to them , was , that they should be tried in any secular court whatsoever . this you may see in du fresnes glossary verbo ( par. ) the trial he required was , per episcopos pares suos , by the bishops his peers . this appears also by the complaint of the bishop of ely , that he was brought to be tried coram laico iudice , before a secular judg. by this our author's mistake may appear , who saith , pag. . that they look'd upon themselves out of parliament as having no peers in judgment but bishops ; when it is evident by the case of these bishops , that they made the same exception as to their trials before the lords in parliament , that they did before the secular judges out of it , and pretended they ought not to be tried before any lay-judges whatsoever . neither did they look upon themselves under the same condition that lay-men were ; but being a distinct body among themselves , thought it reasonable to be judged by themselves only , and in their own courts : an innovation the law never allowed , or gave any countenance unto . i confess , i cannot but wonder that any one person , of how great parts soever , should go about to contradict the opinion of very many learned judges , who have all asserted the contrary , to wit , that bishops ought to be tried by commoners ; and no one lawyer of any note , that i know of , hath hitherto maintained the contrary . methinks those of the long-robe should be tender in opposing the judgments of stanford , cook , doddridg , and selden , except their opinions were back'd by the authority of judges equal in ability and learning to those before named . having thus cleared the precedents urged by mr. selden , and others , from the exceptions of this author ; let us now see what is alledged by him to prove that it was not always so , but that sometimes they were tried by the noble-men as their peers in parliament . and to that purpose he propounds the case of stratford arch-bishop of canterbury , out of arch-bishop parker's antiq. ecclesiae britan. who tells you that stratford was at the king's suit accused of capital crimes in the exchequer , that he put himself upon his trial in parliament ; that a parliament was called , and he , after some opposition , admitted into the house ; and there , as our author saith , put himself upon the trial of his peers : this it seems is the relation of matth. parker . ( by the way , whom he meant by his peers , doth not yet appear ) whether the clergy only , or the lay-lords . but let us have recourse to the record , as it is abridged by sir robert cotton , e. . numb . . the same day the king came into st. edward's chamber , commonly called the chamber de pinct , ( the painted chamber ) before whom , all the lords and commons , the arch-bishop of canterbury humbled himself , and required his favour , which he granted . afterwards the arch-bishop desired that where he was defamed through the realm , he might be arraigned in open parliament before his peers : probably by his peers , he understood the bishops , as others had done , and not the lay-lords : besides , this seems to be a desire of his at a conference before the king and lords ; for it was in the painted chamber , whereas the commons usually sate in the great refectory , now called westminster-hall . let us observe the king's answer , which was , that he would attend the common affairs , and after hear others ; where we see the king did not grant his desire , but gave only a dilatory answer . lastly , it doth not appear that he was ever arraigned in parliament ; for the record saith , numb . . and it is to be remembred , that all things touching the arraignment of the arch-bishop of canterbury should remain with sir william de kedelsby , keeper of the privy-seal . by which it is evident , that these things were not then put into the hands of sir william de kedelsby , but to remain there , where probably they were before , and were only some papers relating to what was before done in the chequer ; for i find no arraignment recorded about that time . two yearsafter , viz. edw. . numb . . all the proceedings against the arch-bishop were cancelled by order from the king ; so that nothing appears to have been done against him to any purpose , either in parliament , or else-where . 't is true , there was a continuance of the parliament in o , from day to day , for a week , about the trial of noble-men , that they should not be put to answer , but in open parliament by their peers , to which purpose , there are named four bishops , four earls , and four barons as a committee to draw up the plot. these persons being in their device , assigned , as hereafter doth ensue . under the name of which peers , they bring in the chancellour , and treasurer , and such like officers , and that all estates should enjoy their liberties , e. . n. , , . here was indeed a matter concerning trials of noble-men had under consideration , but never reduced to any law , as the practice of subsequent times , and the late bill of the lords about trials , do enough manifest . but doth it not appear by this record , that the bishops , were not reckoned nobles of the land , when he finds the chancellour , and treasurer , and such like officers , attempted to be brought in at that time , and so not to have had any right before ? but saith our author , it after follows , that they may not lose their temporalities , lands , goods , and chattels . now none were capable to lose their temporalities but bishops , therefore this law must have respect to them , as well as other nobles of the land. the answer to this is very easy , that the clergy , who had then all power , did endeavour to bring in their fellows the other great officers , who were almost all church-men . simon langham arch-bishop of canterbury , was chancellour , william molso dean of st. martins le grand , receiver , and keeper of the kings treasure and jewels , with many others , as you may find baker , p. . these had temporalities to lose , and such officers , the church always hoped to have had of their own tribe ; but , as i said before , of this attempt came no other effect than to shew their aspiring thoughts . and whatever opinion the author of the iurisdiction of the house of peers , is of , as to the roll of edw. . i believe the law at this day will not be so taken , that a chancellour being no peer , shall be so tried by reason of his office. i am sure , my lord keeper bridgman being no peer , never voted in the house of lords , and the present lord chancellour , when he gives his vote , goes to his place as a baron . see hakewell , p. . ancient customs , how these great officers are placed in parliament when they are peers , and when not ; and certainly if their placing be different , their trials ought to be so too . neither can it seem reasonable to any considerate man , that a person , though such an officer , should not be capacited to give his vote as a baron , and yet by virtue of his office , should be tried by noble-men . therefore i must take leave to deny what he affirms , that they are peers by virtue of their office , or that they have right to be present in parliament in all cases of judicature , so as to concur in sentence with the nobles of the land , as our author affirms , pag. . the king may make whom he pleases chancellour , and the statute assigns his place , but he cannot vote there without the king's letters patents to that purpose , as i conceive : see old modus , hakewell , p. . i have in the first chapter of this treatise spoken largely to that point , and shewed in what sense a bishop may be called , peer of the realm . and pag. , and . have handled the matter of proxies , therefore may pass over the case of arch-bishop arundel , which our author proposes , pag. . to the case of william de la pool , i have spoken before , only shall here observe , that the submitting his cause to the king , was no waver of his peerage , for the matter never came to any formal issue ; consider th●… case of nicholas segrave in edw. . ridley , p. . who being accused of many crimes ; segrave being summoned thereunto , appears in full parliament , confesseth the fact , and submits to the king. this was no waver of any legal trial by his peers , nor any disrespect to the lords , who might otherwise have ordered the summoning a jury to try the fact , but by the king's pardon that labour was saved . the like may be taken notice of in that famous case between the earl of hereford and essex , against the earl of glovester and hertford , in edw. . riley p. . where , upon a very long pleading , the case in effect proves to be but this : the earl of hereford complains to the king , of great robberies , depredations , and murthers committed by the earl of glocester , in his lands in brecknock , after the king's inhibition . the king , for remedy of this , appoints the bishop of ely , william of valence his uncle , iohn mettingham , and robert hertford , to hear the complaints of the said earl , and also the answer of the said earl of glocester , and his servants , to the complaint of the earl of hereford , and to summon a jury for the trial of the same , and also commanded robert tiptoft , iusticiario suo de westwell , to be there present , and to summon the said delinquents to be before the said commissioners , and that enquiry should be made per sacramentum tam magnatnm , quam aliorum proborum hominum , & legalium de partibus walliae , & comitat glocest. they , that is , the magnates ( which it seems were noble-men ) excepted against the taking an oath , and said 't was unheard of , and that they would do nothing sine consideratione parium suorum . the jury give in their verdict against glocester , the parties all submit to the a king , who by the advice of arch-bishops , bishops , earls , barons , and the rest of those who were of his counsel , declare that the earl of glocester had forfeited his liberties , &c. the words are , videtur tam ipsi dom. regi quam caeteris praelatis , magnatibus , & reliquis de consilio ejus quoad comitem glocestriae quod libertas sua praedicta , viz. totum regale in terris suis praedictis de mergannon cum pertinentiis pro se , & haeredibus suis foris facta est ratione delicti praedicti , &c. in this record there are many things observable ; first , the bishop of ely here mentioned , was not a judg in this case between the two earls , but joyned in commission with others , who were empowered to summon a jury to enquire of the matter of fact , not to condemn either party , but was only in the nature of an inquest , or grand-jury , in order to a trial. . that noble-men [ magnates ] such as refused to take an oath , were returned of the jury . . that the verdict was given in to the commissioners , notwithstanding some of the jury were not sworn . . that the jury was summoned out of several counties , viz. glocestershire and wales . lastly , and that for which i have chiefly produced it , that this submission of both parties to the king was no waver of their peerage . neither doth it appear , that this award made by the king with the consent of those prelates , earls , &c. was made in parliament , tho it be inter placita parliamentaria , but only by such private counsellours as the king thought fit to make use of in that affair . that it was no parliamentary judgment ; is evident from these two reasons : first , the putting themselves to the reference of the king , was no putting themselves upon any trial by their peers , because that should have been done only by the earl of gloster , against whom the bill was found ; whereas here the reference is made by both , b and to the kingalone . next we find the king here was present with the rest , which was not usual ; if the lords had proceeded judicially wherever the matter was heard , whether in parliament , or else-where . besides , it is observable that the word consilium , is twice written with an [ s ] ; whereas , if it had been a parliament , the word would have been written with a [ c ] , as was generally observed by the writers of those times . in conclusion , this record makes nothing either to the bishops power of judging in criminal cases , or that submission of a matter to the king should be a waver of peerage , but was a making the king an arbitrator , for they knew the verdict was void , being not upon oath . i have before denied that such persons as sate in the lord's house by virtue of their office , had any right to be tried by noble-men , except they had an inheritable right of their own , as well as their office. i am not therefore concerned to examine as to predial feudal , or personal right , what is urged by our author , or any other , because i have throughout this discourse , maintained that no man can have any priviledg , or right of trial , but according to the nature of his peerage , which seems to me , not only reasonable , but within the plain meaning of magna charta : that the triers and party tried , ought to be of the same condition , and capable to undergo the same penalties in like case . that what the discourser hath said as to the regradation of their peerage when their office shall be taken away , means no more , than that officers shall no longer sit among the peers , not that they had any right of peerage during the continuance thereof , tho they were placed among them by a particular law , or usage . neither is our author's reason of any force , that because persons enobled in blood in a forreign country , shall not try a peer of england ; therefore the parity is not of blood , but of priviledg in parliament : for he cannot but know that all laws are originally made for the benefit of those who are born subject to them , or adopted into them by naturalization , and such shall have the full benefit of all things appliable to their english condition , as if they were natural born-subjects . others that are strangers , tho of equal , or greater quality , shall not enjoy the rights invested in the natives by their birth , but only the protection , and priviledge of the laws of that country where they are , during their abode there . another argument is drawn by our author from the proceedings in cases of appeal against a noble-man at the suit of the party : he argues thus . if in appeal of murther , or the like , at the suit of the party , a noble-man shall be tried by a jury of good free-holders , then their exemption from being always so tried , proceeds from their sitting in parliament , and not from nobility of blood , and therefore all those who have right to sit in that house , have right to the same priviledg : but the bishops have right to sit in the same house , and are called barons , therefore they ought to enjoy the same priviledge other barons have . this argument , how specious soever it may appear , is unconclusive in many respects . first , it doth not follow , that those that have priviledg to sit in the same house , have the same priviledges to all intents , and purposes . my lords the judges , and all justices of the peace , sit upon the same bench , and by the same commission , yet are not equal in all circumstances . nay ; my lords the bishops themselves , though they are of the same order and quality , yet are not equal in priviledges . i have before shewed that there were barones minores , who were not properly barons , but so called , and might be left out at the king's pleasure : but such as are enobled in blood may demand their writs , which the barones minores could not . and if now the bishops have that right ( which is not certain ) it is because they are to summon the clergy , without which the parliament would not be compleat as to the convocation . and were it not for that reason , the bishops might be now wholly left out , for they being only barons by tenure , cannot be in any other rank than were the barones minores , who were left out at the king's pleasure . i have before asserted , they hold their possessions , per servitium baroniae , as a burthen , not honour to them ; and their sitting among the lords was only indulged to the dignity of their function as bishops , they being indeed no more than commoners . neither secondly , doth it any way follow , that because peers in some cases shall be tried by a common jury , therefore those who are properly commoners , and only priviledged to sit among the lords , should participate of the same honour with them . to examine farther into the reason , why in all criminal cases at the suit of the king , the trial shall be by peers , not so in an appeal for the same crime , sir edw. coke will tell you , one reason is because the trial , if it ought to be so , must be before a lord steward , and no appeal can be brought before a lord steward , who is but only temporary , but ought to be brought before the judges in the king 's ordinary courts of justice . we are likewise further to consider , that inequality of persons , is not of the law of nature , but of human constitution ; and that the statute of magna charta , is but a confirmation of our ancient rights , in which all subjects were pares . but since it is apparent , that ever since magna charta , and perhaps long before , the trials at the suit of the party have been as they now are : we must look upon them as a branch of the common law of england , never taken away from the commoners ; but that the king , and noble-men , as to what concerned the crown , were contented to introduce that manner of trial as to the nobles , and long use and custom hath now made it to be received as the law of england ; yet the poor commoner never received that way of trial as to his own right , who look'd upon the verdict of twelve substantial men of his neighbourhood , as much better security for them and their heirs , than a trial upon honour : when upon their appeal it would always have been in the power of the king to name again the same lords for triers , which they had before , and by that means defeat them of the benefit of their appeal , to which the law gives so great respect , that upon an appeal brought , all proceedings at the king's suit should ( as has been taken for law ) stay till the appeal were determined , because a particular wrong to a private person in the murther of an husband , or very near relation , is of greater consideration to the party , than the general loss of a subject is to the king. i shall not pursue this author in his digression touching the ground , and reason of the trial by peers , since our question is not , what the law may be in other countries ; but what the practice of our own is , and of what sort of people those peers are to be composed . that is to say , whether the jury for the trial of bishops shall be composed of noble-men , or of commoners ? in this he confesseth that the lawyers , and those of them who have most searched into antiquity , are of a different opinion to what he maintains as to this particular . a shrewd objection i take it this is ! for every one ought to be credited in his own art , and 't is ten to one the generality of the lawyers are rather in the right , than strangers to the profession , or lawyers of a lower rank , than those great masters have been . but that he may say something , he tells you that mr. selden not only in that confused rapsody goes under his name , but in his more elaborate second edition of his titles of honour , admits the bishops to be peers , in which he hath corrected , and left out the false or doubtful passages of his first edition , and among the rest , that passage ; a bishop shall not be tried by peers in capital crimes . what then ? doth this omission supersede those precedents laid down by him in that rapsody , as he calls it , which was as much his as the other ? the leaving out that passage might be a neglect in the printer : i am sure , 't is no retractation of what he had said before . neither need i tell this author , how books come sometimes to be corrupted . secondly , he saith , some things have been affirmed about this matter with as great assurance as this is , which have not been the constant practice ; coke , he saith , is positive in his third instit. p. . that a bishop should not be tried by peers , and in the same page , that a noble-man cannot wave his trial by his peers , and put himself upon the trial of the country . and doth this author think the law to be otherwise ? yes , he saith in the record of . edw. . that thomas lord berkley put himself upon his country . i have a transcript of the record by me , which i received from my learned and worthy friend , mr. atwood of greys-inn ; but because it is in latine , and agrees with the abridgment by sir robert cotton , and review ed by mr. prin , i shall not transcribe except two or three lines . thomas de barkele miles venit coram domino rege in pleno parliamento suo , &c. cotton e. . numb . , . in a plea of the crown holden before the king this parliament . thomas of berkley knight , was arraigned for the death of edw. ii. for that the said king was committed to the keeping of the said thomas , and iohn mautrevers at the castle of thomas at berkley in glocestershire , where he was murthered . thomas pleads that he was sick at beudl●…y without the said castle , at the death of the said king , and put himself upon the trial of knights , ( named in the record ) by whom he was acquitted . here we have an arraignment of thomas de berkele knight in edw. . but none of thomas lord berkele as this author supposeth . in edw. . numb . . i find the same person at the request of the whole estate , discharged by the name of sir thomas berkley ; so that it seems plain , he was then no peer , and consequently no waver of peerage , in edw. . and in rich. . cot. p. . i find him summoned to parliament , not before edw. . when any noble man had the addition of miles , the name of his barony , was generally expressed ; and the word dominus annexed , iohn de beauchamp militi domino de beauchamp hen. . rob. de hungerford mil. dom. de moleyns , and many others ; insomuch that i am confident , that in e. . thomas de berkley had never been summoned , and so not inter barones majores . and the milites were tenants in capite . i have at last examined all the parts of this elaborate treatise , in which the author hath endeavoured with all art and industry imaginable , to support a declining cause . i have not to my knowledg , left any argument unconsidered , which hath been thought material by this writer to be urged in defence of that cause , the maintenance whereof he had undertaken . i have been longer i confess , in this discourse than at first i thought to have been , but this must be attributed to the subtilty of my adversary , who by learned digressions , and cunning insinuations , hath indeed clouded the truth , and rendered it less visible to the eyes of common readers . notwithstanding , what i have said , if this drudgery of being present as judges in criminal cases , or in the trials of noble-men in parliament , be the right of the lords spiritual in parliament : if the embassadours of christ , the messengers of peace , and the preachers of mercy and reconciliation to god in christ , have more mind to be executioners of god's strange work , than in what he delights ? if they delight rather to make wounds , than to bind them up , let them enjoy that burthen according to their desire . but their pretences to it hitherto , have been ineffectual , and of late , all power of judicature in cases of blood , hath been denied them in several parliaments by both houses . neither hath this author been yet so happy , as to have produced any one clear precedent , where they have been present at the trial , and have given votes for the acquittal , or condemnation of any noble-man brought to judgment in parliament in cases of blood : or that any of their order have been in such cases tried by noble-men , or indeed have desired to be so tried . certainly this nation , together with the most of other christians in europe , lived under the papal communion till the times of reformation ; and therefore the bishops here cannot reasonably be supposed to have enjoyed priviledges different , or greater than those enjoyed by their fellows in other places , where they had the greatest , as well power , as honour . but i think i may with confidence affirm they were no where allowed to sit inquisitors of blood , and not only to debate , but at their pleasure to give sentence in such cases as secular persons in secular courts . i very well remember that in the parliament begun here , , it was at the beginning thereof hotly debated in the lords house , whether any bishop might be so much as of a committee in any parliamentary examination in the case of my lord strafford , because it was a case of blood , in which , by law they ought not to meddle ; the debate was put off ; and the bishops were willing to absent themselves according to the opinion of one of their own body , and agreeable to the practice and usage of the kingdom , being only allowed by the lords to enter a protestation , saving their rights in that , and other cases . now this very question seems to me an over-ruling ours : for if it were then a question whether they might be of a committee in cases of blood , where the judges were often joyned with the lords , it can be no doubt , but that they ought not to be admitted to give their votes as judges in the like cases in their persons . reflections upon antidotum britannicum , and mr. hunt's late book and post-script , as far as concerns the controversy between doctor brady and the authorof jani anglorum facies nova , and of jus anglorum ab antiquo . london , printed anno . chap. i. the true and essential difference between the general council of the kingdom , and the curia regis , maintained against dr. brady , mr. w. and mr. hunt ; with a short account of some reasons why mr. hunt might have spared his censures upon them , who apply themselves to the study of antiquities . since dr. brady received a reply , two of my brethren of the gown , mr. w. and mr. hunt , both of greys-inn , have appeared in print , in behalf of the king's tenants in capite , and will needs have it that these ingrost the right of coming to parliament , as one calls it , or the magnum concilium , as the other , till of hen. . one professes that he never read what has been wrote upon this subject either by mr. petyt or me . the other slights it all , as a dispute not worth the cost and pains spent about it ; and grants many of dr. brady's hypotheses , but denies his consequences , and so allows him to be a good antiquary , but an ill logician . that there was a curia regis , or common council of the tenants in chief ( such especially as held of the king by knights service ) distinct from the great council of the nation , or parliament : in which curia , the king's tenants granted to the king auxilia , aids ; and did act many things in relation to their tenures : both agree with me directly against dr. brady , who will have it , that all the king's tenants by knights service never met in any council or court , but thereby it became the general council of the nation , or parliament . in which , since he is opposed by these two learned authors , agreeing with me , they have given so much credit to my notion , that they have prevented that further trouble ; which i might have given the inquisitive world upon that point . if i can free my self from the force of these gentlemens arguments , or objections upon those things wherein i differ from them , i think i need not fear the empty thunder of men of other professions ; but may look upon my notions as sufficiently established . both mr. w. and mr. hunt , are men of much longer standing , and greater natural and acquired parts , then i can pretend to ; yet if i have the good fortune to fall into the paths of ancient truth , no modern authorities ought to beat me out of them . they both will have it , that the tenants in chief were the only members of the curia regis , which was held for matters within the king 's ordinary power , and of the magnum concilium , or parliament , where the extraordinary power was exercised . against them both , before i examine their supposed grounds from authority , this obvious objection in reason may be urged . if all the tenants in capite by knights service , were obliged to attend in the curiâ , either by virtue of their tenure as a one takes it , or of general summons , as the b other , and the consent of none but such tenants were requisite for passing of laws in parliament , what reason can be assigned , why laws might not have been made in the curia , and so that have become a parliament when ever the king pleased to declare it so ? can a more particular summons , and notice of arduous affairs , which is mr. hunt's notion , lay a greater obligation upon them to be present , who , however , were bound to come ? and if they were bound to come , can absence be reasonably pleaded to free any from the obligation of what was then agreed on ? indeed dr. brady , who will have it that every full confluence of the tenants in chief by knights service to counsel , was a general council of the nation ; supposes that even before king john's charter , and while he thinks that they were to come to parliament ex more , without summons , if but a few appeared , it was no general council : which is an absurd supposal , unless there was before that a law in being , that they should not act without a certain number , as supposing that forty were to make a full house , as now 't is said to be with the commons ; for otherwise they who did appear , did , according to the general rule of making laws , bind them who were absent through their own default . but if we consider how contrary it was to the usage of those times , to make laws , or insert clauses , or words , idle or unnecessary , we shall not easily believe that they would , according to mr. hunt's supposal , have made provision for the particular summoning of those for arduous affairs , who were obliged to attend at the council without such summons . indeed i am aware that dr. brady hath charged me with putting such a sense upon king john's charter , as would imply a needless provision . the doctor tells us that by king john's charter the cause of summons was to be exprest , and from thence he would infer that it was a great council there intended ; for , saith he , such provision were needless if there had been but one cause for which they were to be summoned , which he urges as the consequence of my interpreting that summons there provided for , to have been only for raising such aids in the curia as could be imposed upon the king 's immediate tenants ; and none else . now admit that this had been to a parliament , and had taken in all manner of charges to be laid upon the subject , if the raising of taxes were the only work of a parliament , the providing that they should have notice when a tax had been required , would have been as impertinent ; and if the parliament had any other power , this provision had been as defective as he supposes 't was , according to my rendring , superfluous . for that summons mentioned in king john's charter , is restrained , and limited to the granting of aids , but there is not one word , or syllable of making , or enacting laws , which is the main business of parliaments , and therefore this must be intended of some inferiour counsel , and not of the general council of the kingdom . but if the charter be taken to be meant only of raising such aids as lay upon none but the king's tenants , if those aids branch themselves into escuage and tallage , here were two causes of summons , as the one or the other was required ; or if only such aid as escuage was within the provision , still the cause or the occasion of raising the escuage might be different ; and therefore the cause of summons more than one ; nay some might have been obliged to attend upon one cause of summons exprest , which were not upon another ; for if the king had an occasion of transporting an army beyond sea ; in that case only they that held by the service of going into forreign parts , together with such as were tied to general service , were obliged to attend , and liable to pay escuage , upon their default , to be taxed by them who were present according to the obligation of their tenure . if the tenure were to go into scotland or wales , they could not , by reason of their tenure , be compelled to go else-where , whereas the attendance at the king's court ex more , was what , i take it , lay upon every tenant in chief , holding by knights service , ratione tenurae , and was not superseded by king iohn's charter , but still they that were not present , were concluded , as to all acts of the king's court baron , either in criminal , or civil causes ; as much as in the court-baron of an inferiour lord , the suitors present may proceed to all judgments within the cognizance of their respective courts , where , through the common neglect of the suitors , the steward for the most part gives judgment by himself . mr. w. who was the first author of a lawyer that ran counter to me , makes a distinction between a parliament and a curia regis , which i conceive to be without any difference in relation to the several powers of the curia , and the great council of the nation , except that 't was less in that which is now called the parliament , than 't was in the curia ; for he says that to the curia the tenants were obliged to come ratione tenurae , but to the other they could not come but ex gratia regis . upon which 't is further observable : st , that he yields that the commons , others beside the tenants in chief , had as much right as the tenants in chief to come to the parliament before the th hen. . for he grants that they too came sometimes before that time ex gratia. dly , whereas he supposes that king iohn's charter of resignation was void , not being in magno concilio , though 't was in communi concilio faronum , he assignes no reason in the world for it's being void ; for admit that , to the commune concilium faronum , or curia , the tenants in capite came ratione tenurae , and to the general council of the kingdom ex gratia , which he subjoyns as the ground for avoiding that ignominious resignation , which he agrees with me , contrary to dr. brady , to have been made in the curia regis , and not in the general council of the kingdom ; does it follow that because they had no right to come to the general council , though they had to the curia , that therefore a resignation in the curia was not good ? nay , does it not follow , that because they had no right to come to the general council , therefore the king might exercise his absolute power in such a counsel as he should think fit to call , and might oblige the nation in any act of his done by such advice or consent ? nay rather , if there were a counsel where they might ex 〈◊〉 be present , which mr. w. makes the same with ratione tenurae , does it not follow that there would be less obligation upon them from any act done in the general council of the kingdom , where they had no right to be present , and so no consent of theirs could be urged to inforce the obligation , than from the determinations of that counsel where they were necessary members ? but mr. w. his grounds for his belief that the commons had no right to come to the general council of the kingdom before the th of hen. . are two . st , that in the th of hen. . only three were ordered to be representatives for every county , the year i take to have been mistaken by the printer ; for the settlement , and reformation of the government which he mentions , was in the th ; and that he means that settlement , and not one before in the d , is evident , by his citing si videatur communitati praelatorum & ●…ronum , which is in the record of the th , and not in any of the d , that i have seen . but 't is evident by the record that the three he mentions , were assigned for the electors of a standing counsel to the king , which was to act out of parliament as well as in , but with no authority in legislation ; besides , admit that they were intrusted with all the power of the counties , i cannot find any force in the argument , that because a representative was then agreed on , therefore they had no right to come before that time in their own persons . but indeed in the d of that king , there was a representive of the commons , who were in those times accounted only the citizens and burgesses ; this was pur espargner les costs des communs ; to spare the charges of the commous , which i use not to shew that all such came any otherwise than two for a place ; but that the settling a representative is an argument , that before that time they came in greater numbers . dly . his second argument is the authority of pollidore virgil , which proves wholly against him ; for it says that the populus rarely were consulted with before the time of hen. i. adeo ut ab henrico primo id institutum iure manasse di●…i possit . even he allows the right of the commons to be a constituent part of parliament , to have been an institution , or a settled right long before the th of hen. . no less than one hundred forty nine years . and in the case of godsoll , and others against sir christopher heydon , my lord cook affirmed that he had seen a record in the time of hen. i. of the commons degrees , and seats in parliament , his words are these , en ancient temps tout le parliament sea insimul , & le separation fuit par le desire del commons mes ●…ent obstant ils font forsque un mese , ieo aie veiw un record h. . de lour degrees , & seats . that the commons were members of the general councils of the kingdom in the time of hen. i , i think is very plain , when we find even at synods , assemblies for ecclesiastical affairs , nobilitas populusque minor , and laici tam divices , quam mediocres . but that they then had any order , and certain seats there , i cannot readily believe . and indeed we find that in the reign of king stephen , who immediately succeed hen. i. 't is spoke of as customary for the uulgus , or commons , which were infinita multituto plebis , to come as members of the great council , and to intermix themselves with men of the greatest quality , as 't is usual in crouds ; uulgo etiam confusè & permixtum , ut solct se ingerente . dly . mr. w. his third argument is , that where a record makes mention of arch-bishops , bishops , abbots , priors , barons , and all the commonalty of the kingdom or land , &c. it doth not from hence necessarily follow , that the commons were then present , for the word and may be taken exegetically , and expositive , and not introductive of any other persons ; and the word communitas , doth many times extend to the prelates , and barons , therefore it is said , si videatur communitati praelatorum & baronum . here lies the force of all the cavils upon the records , mentioning others besides tenants in capite , and mr. hunt insists upon the same in effect , with the very same instance . i shall here chiefly apply my self to mr. w. and i cannot but observe , that what i have here cited out of his book , either contains an assertion without any manner of proof offered , or else the latter part is used for the proof of the other ; but surely 't is an odd kind of proof that and may be used exegetically , because the word communitas may extend to several particulars , and as well to prelates , and barons as others , when particularly exprest along with it , which is no more than that the other words are exegetical , or expositive of communitas , not that com●…as , or and joyned with it , can be expositive of those other words . wherefore the assertion that and may be used exegetically stands naked by it self , without any colourable cover or support ; and i would gladly see at least some colour for the belief , that the conjunction and , was ever used as expositive , or exegetical of any word or words foregoing ; indeed when 't is husband and wife , they may notionally be the same in affections and desires , and become one flesh , as body and soul make one man : but i think no man will say that the wife is exegetical of the husband , and is no more than what was mentioned before when the husband was named , nor will any but such as believe the mortality of the soul , and that 't is nothing else but the temperament of the body , or its animal spirits , suppose the soul and body to be the same ; indeed if they were , the body ought to stand by it self , without mention of the soul with a distinctive and. till some one instance can be produced , in which mr. w. can make it out to the common reason of mankind , that and ought to be used otherwise than as introductive of something not expresly mentioned before , he must give me leave to think that in the matter of our dispute and is necessarily introductive of some other persons . but according to the rule of making and exegetical , where 't is expressed in the instance given in the record h. . si videatur communitati praelaturum & baronum , et must by plain consequence be exegetical of the praelati ; and so the barons were only the community of , or all , the praelates . i take it to be obvious that and of it self can never be expositive : the question then will be , what may or ought to be the exposition of words , which singly taken , are of more general , or more restrained senses , and how far they may or ought to be enlarged or restrained , according to their position , or according to the nature of the words which are used along with them . and in my opinion , it is contrary to the laws of interpretation , that a word used in a general sense , and as comprehending others , should explain those others particularly set down , as that communitas which here mr. w. would have taken in a general sense , as not confined to one order , should explain what is meant by praelates , peers , and barons , before particularized : on the other side , words of a particular explicit meaning , coming before or after , one of more general import , shall explain and restrain the general sense . thus praelatorum & baronum , either before or after communitar , restrain that word communitas to the community of the prelates and barons ; and i dare say , no one record can be shewn of the times , either before or after the th of hen. . which will warrant a contrary exposition of such words . and indeed there has no reason been pretended why communitas or populus , joyned to some orders of men expressed , should be the same with what went before , but what is a manifest begging of the question , and supposing that the commons were not present in the general councils at the times the records mention , and therefore that the word communitas or populus was superfluous , and referred to what was sufficiently exprest before , was comprehensive of the foregoing particulars , as mr. hunt will have it : this illogical petitio principij is a leaden vein which runs through all doctor brady's writings . but let us a little observe the pennings of records , which may give light to this matter ; you shall there find words of a restrained sense , following one of more general , to be exegetical or explanatory of the general , as the peers , earls , and barons ; there earls and barons denote what peers are meant , because there might have been bannerets , an inferiour order of peers . then you shall find words of a limited sense going before to be restrictive of a word following , which otherwise would have had a more general sense , as earls and barons [ the peers ] there the earls and barons are the only peers : but where 't is earls , barons and peers , there neither the first nor the last words can be expositive , because and severs them , and consequently makes them to be of different senses ; wherefore and is necessarily introductive of other persons ; and the word peers , which without and might have been a genus to the several species of earls and barons , must needs be an inferiour species under a genus not there mentioned . but still peers could not have explained the earls and barons , but earls and barons would be expositive of peers , which is more comprehensive in its signification . and thus where 't is communitas praelatorum & baronum , communitas is the genus to these two species , and the more particular words restrain the communitas to them ; wherefore 't is the whole body of the prelates and barons , and none else ; but where it is praelati , comites , barones , & populus , or & communitas , there the populus or communitas must be inferiour to the rest particularly mentioned , being there is a descent from the higher orders still to the lower ; if they begin at the bottom , they end with the highest , at least that which is added at the last , must be something distinct , or different from , or not paticularly exprest in what went before , which is enough for my purpose . i shall close this with a few more examples out of records . in a general council of the kingdom held in the fifth year of king iohn's reign , after he had married his second wife , having been divorced from the first : the new queen was solemnly crowned , unanimi consensu & concordi voluntate archiepiscoporum , episcoporum , comitum baronum , cleri , et populi totius regni . magna charta was confirmed in a general council of the kingdom , h. . years before the th of that king per common assent tout de le reaum ; and this in another record , is said to be per le roy , piers & commune de la terre . and the statute of westminster the first , eleven years after . h. . was ordained per passentments de archievesques , evesques , abbies , priors , countees , barons , et tout la comminalty de la terre illonques summonees . now what man of common sense can believe that the clerus & populus cotius regni , after the comites , & barones io. the commune de la terre , after the peers ; . hon. . and tout le eomminalty de la terre , after countees and barons , edw. . were no more than the prelates , earls and barons ; indeed there being no et between baronum and cleri , io. were it not for other records explanatory of the like , there might be some colour for mr. hunt's supposal that eleri & populi were only comprehensive of the orders foregoing , and might be in the same sense with communitas archiepiscoporum , episcoporum , comitum , & baronum . but for the penning of records , both mr. hunt and mr. w. know better , than to think the clerks in those times stuffed them with tautologies . mr. hunt's way of expressing the same notion , i shall soon consider more particularly . but admit that my interpretation of records is generally erroneous ; yet 't is manifest that the record which is cited and insisted on to warrant the contrary , shews that there were other persons at the general council of the kingdom besides prelates , earls and barons , and that these were such as are now called commons . the record was the form of peace agreed on in the th year of hen. . it says . haec est forma pacis a domino rege , & domino edwardo filio suo , praelatis & proceribus omnibus , & communitate regni angliae , communitèr & concorditèr approbata , &c. amongst other things 't was agreed , ad reformationem statûs regni angliae , that there should be chose in that parliament three men , who should have power from the king toname nine , that should be the king 's standing counsel ; and if any of the three displeased the community of the prelates and barons , or were by them thought unfitting for their office ; si videatur communitati praelatorum & baronum , one or more should be placed in his or their room , per concilium communitatis praelatorum & baronum ; and the record concludes , haec autem ordinatio facta fuit apud london de consensu voluntate & praecepto domini regis necnon praelatorum , baronum , acetiam communitatis tunc ibi presentium . upon this 't is observable : . that et communitas regni , in the beginning of the record , next after the praelates and all the peers , must necessarily be the commons of england , nor can et possibly be taken otherwise than as introductive of other persons besides the prelates and all the peers , before expresly mentioned ; for that the record concludes , as it were with an intention of preventing all manner of expositive cavils ; for , having declared that the ordinance then made , was by the consent , will , and authority of the king necnon , and as ▪ well of the prelates and barons ; it adds , ac etiam communitatis tune ibt presentium , which must necessarily be , and also of the commons then and there present , as well as the prelates and barons [ presentium ] being taking as relating to all that went before ; or and also of the community of them that were then and there present , that is , all that were present were parties to the ordinance ; if the first , then the commens also were there by name ; if the second , tho communuas be not taken as an appellative for the commons of england , yet that they were then and there present , is as evident from the record , since it shews that others were present besides the king , prelates , and all the peers , that those others were parties to the ordinance then made , and as they could not possibly be of an higher rank , than what were before exprest , but much less the same , being so manifestly distinguished with an and also , from what went before , they must needs have been inferiour , that is , commoners , unless there was another rank of men , that were neither lords nor commons , but between both : wherefore 't is a demonstration that there was then present and acting in a legislative capacity , a body of commons , over and above , or distinct from the prelates and all the peers or barons , above mentioned . . in this parliament h. . there was a particular matter referred by the king , and that in a full parliament of prelates , peers , or barons , and also the commons , to the disposition and management of the prelates and barons only ; and surely 't was no great thing for them to be empowered to remove , or put in electors of the king 's standing counsel , which was all that was referred to them , without consulting the commons upon every occasion . but i cannot discern the least consequence that because the word communitas , doth many times extend to the prelates and barons , which , as mr. w. rightly observes , it doth ; that therefore it must be limited to them , and extend no further , whatever words come between . and i would thank him that should satisfy my reason how it is possible it should be confin'd to them , when there comes and , or and also to extend it farther . if mr. hunt. had observed how distinctly all the orders of parliament are mentioned in this record , viz. praelati & proceres omnes , & communitas regni angliae , and again , praelati , barones , ac etiam communitas , and had further observed how full and clear the evidence is , that all of them together referred , or consented to the king 's referring the matter before taken notice of , to the earls and barons only , or to the community or generality of them , ( from whom another community , the communitas regni angliae then and there present , was sufficiently distinguish'd in other parts of the record ) and that that affair was to be managed per consilium praelatorum , & baronum , he would never have insisted upon this as demonstration that communitas regni angliae , after praelati & proceres omnes , nay , tho with an ac etiam , has no other sense than commune concilium regni , and was as a comprehensive term of those that made it , or was used exegetically , as mr. w. has it . if it had been praelati & proceres , commune concilium regni , or communitas regni , there , because there is no discretive and , or and also , the latter might be comprehensive of the former . but whatsoever may be said of the careless penning of records or histories anciently ; yet when there are numbers of records or histories expressing the parties present at general assemblies of the kingdom , some of the like penning with the aforesaid form of peace h. . some more express and particular , if possible ; shall all the clerks of parliament , and learned monks , or other old authors be taxed with heedless impertinencies , nay even want of understanding what they wrote ? eadmerus , who was a very corrrect writer , and lived in the time of which he wrote , tells us , that at one general convention , in the reign of hen. i. there were tota nobilitas cum populi numerositate ; at another , tho it was held only for ecclesistical affairs , there were nobilitas , populusque minor . the election of king stephen , as a grave prior of those times tells us , was a primoribus regni , cum favore cleri & populi , clericorum , & laicorum universitate . in that king's reign there was adunatum concilium cleri & populi , a general council of the clergy and laity together , which now one would say were a parliament and convocation united ; the members of this council follow , episcoporum ; atque abbatum , monachorum , & clericorum , pl●…bisque iufinita multitudo ; the authority for this is a legier book of the abby of ely , wrote as it should seem in the time of hen. i. these kind of books were generally kept with great exactness , and were in the nature of records . from the like authority we have it that archiepiscopi , episcopi , comites atque alij omnes , were consenting to the election of king iohn . but to mention a few undoubted records to this purpose . in the th of king iohn , there were precepts to all the sheriffs of england to summon in every county milites , who were to come with arms , barones without arms , and four knights for every shire , & quatuor discretos milites de comitatu , to a general council at oxford . in the th of hen. iii. besides the tenants in chief , two legales & discreti milites were required to come for every county , vice omutom & singulorum , to be chosen by the milites & alij de comitatu . and several records before the th of h. . describing the members of parliaments , mention besides the clergy , comites , barones , milites , liberi homines , some , & libere tenentes , others , & omnes de regno . now can there be the least colour to believe that all these were no more than the prelates and great barons , or only the greater and less nobility holding in chief , whatever dr. brady or others may obtrude upon the world ? that the commune concilium baronum , may sometimes be used in the same sense with commune consilium regni , affords no help to mr. hunt ; because where the expressions are too lax and general , barones shall be taken in it's utmost extent , and consequently shall comprehend ordinary free-holders , who were nobiles , & barones minores long before the th of hen. . but the question is , whether when records or histories make a distinction between barones , and others coming after , the distinction can be thought to be without any manner of difference , and so vain and idle , as that the porulus minor , or populi numerositas after nobilitas , is a term comprehensive of the nobility before mentioned ; or when there were primores regni cum clero & populo the chief of the kingdom with all the clergy and people , the word people , was but comprehensive of the primores , so that the primores were there together with themselves . but surely i need not run over all these instances , and many more produceable to convince even dr. brady , mr. hunt , and mr. w. of the absurdity of interpreting records after their manner . but mr. w. thinks to help out his record by an historian , and cites the additaments to matthew paris , mentioning the letter wrote to the pope in the case of adomar de valens , which begins thus : communitas procerum , magnatum , aliorumque regni angliae , and was subscribed by some earls and great men , and peter de monteforti vice totius communitatis ; this mr. w. says was in the name of the whole baronage , not the house of commons , or commonalty of england , there being mention of the universitas baronagij , but not universitas regni popularis . i take it to be manifest that all the question which can arise upon these words is not , as mr. w. puts it , whether symon montfort subscribed in the names of the barons only , or of the commons only : but whether some of the great barons having set their hands themselves , montfort , being the last man that subscribed , did not do it in the name of the rest of the great barons not subscribing , and of the commons too , as part of the baronage , or communitas of earls , barons and others . and i think nothing is more clear then that the commons were part of the community here intended . matthew paris tells us , that 't was ex parte regni & totius angliae universitate , and this he says was scriptum a farnagio , and that the commons were part of the kingdom at parliaments , and went under the denomination of the faronage at that very time , is evident beyond contradiction from record : for whereas the title of the writ expressing some matters agreed upon between the king and his people in that very parliament , is , pro rege , & faronagio an●…liae , the body of the writ runs , rex omnibus &c. cum pro negotiis nostris arduis regnum nostrum tangentibus proceres , & fideles regni nostri ad nos london in quindena pasche prox . praeterit faceremus convocari , &c. and another record explains , and reduces to a certainty the proceres & fideles and the faronage , and calls them hanshomes ( the high men , the prelates and great barons ) prodes homes ( the magnates and grands of the counties ) and the commune de reaum ( the commons of the cities and boroughs ) and with this his own instance out of matthew paris , exactly agrees , for there were the comites and proceres ( the great barons ) the magnates , or grands of the counties , and alij , who must needs be the commons of the cities and boroughs , as they were distinguished from the grands of the counties , even as late as the th e. . this may serve for a full and clear answer to dr. brady's exposition of the forementioned letter , whom both mr. hunt and mr. w. may thank for misleading them in this point ; and this sufficiently shews the vanity and falshood of the doctor 's assertion , that the commons as at this day known , are not to be found amongst the community of england in old historians , except he will place matthew paris amongst the moderns . this i think may suffice in answer to any thing wherein mr. w. his authority may be used against me . i cannot be so short in my observations upon mr. hunt , because he aims many blows at me in the dark , and may be thought in many places to have wounded my arguments , or the reputation of my endeavours , which he represents as impertinent , or like a contest de lanâ caprinâ . in opposition to my notion of the curia regis , he produces another , which he thinks he demonstrates , whereas mr. w. takes the curia to have been the only court where the tenants could pretend to come ex debito , or ratione tenurae . mr. hunt will have it that they , and they only , came both to the curia , and to parliament ex debito whatever others might sometimes have been called ex gratia : but then he thinks that he has found a sure means to distinguish which was a parliament , and which was a curia , by the nature of the summons . if it was to all tenants in chief by knights service generally , it made a curia : if the great barons had special summons , 't was a parliament in his judgment . to convince him of his mistakes in this and other matters , which he might have rectified , if he had not undervalued the study of english antiquities , will not be enough to him , unless i likewise shew how convenient it would have been for him , to have had more regard to some of those matters of fact within that learning , which i conceive , i have made good against dr. brady , and which mr. hunt has not yet vouchsafed to confute , otherwise than by an ipse dixit . first , wherefore i shall first shew him some mistakes which i am concerned to represent to him ; and that ( . ) as to the matter in issue , in relation to what our government was before the th of hen. . ( . ) as to the manner of summoning the parliament , or general council of the kingdom , and the curia , whereby he thinks he is able to distinguish the one from the other . secondly , i shall shew the erroniousness of some suppositions which may have contributed to mr. hunt's belief , that the tenants in chief were the only members of the parliament till the th hen. . or that tenants in capite only , constituted both the curia and the parliament , according to the fancied different summons . thirdly , i shall shew that he himself , in effect , grants that more than tenants in chief had right to come to the great council of the nation , in which the nation 's rights were involved . fourthly , that even according to his own notion of tenure in capite , all proprietors of land , as such , had , till the th of hen. . right to come to the general council of the kingdom . fiftly , that whereas he would set aside the question of what the government was till the th of hen. . as impertinent . ( . ) his own notion , by which he would supplant the labours of others , destroy's it self , while mine maintains what he aims at . ( . ) he puts such matter in issue for asserting the present government , as can never be maintained . ( . ) he yields so much of the fact against me , as sets aside the whole foundation of his postscript . and yet , admit he answers all objections against his postscript , the grounds which i go upon are of the most general use . ( . ) the first of his mistakes , which i cannot but animadvert on , seems to be wilfull ; for he renders the matter of late put in issue , as to what our government was before the th of hen. . to be whether the counties in all this time had their representatives in parliament by the formality of a choice ? and , as if our government was according to the concessions of them who have lately appeared in the defence of it , to take it's fate upon this issue , viz. whether our present house of commons , in the same form as it is now constituted , was not in being ever after the conquest ? and as if we should yeild , that otherwise it were no essential part of our government . i must confess , according to his insinuation , that whoever puts it upon this point , betrayeth the cause of the government , but he would do well to name the man who has done this disservice . this i must confess i have insisted upon , that proprietors of land , as such , without consideration of tenure , or collated dignity , have from the time of william the first , downwards to the th of h. . enjoyed a right of coming to the great councils of the kingdom , and could not be bound by any laws to which they had not consented either in person , or by representation , yielded to sometimes before , but not setled till the th of hen. . and mr. petyt hath satisfied mr. hunt himself , that the cities and boroughs were represented in parliament from time beyond the account of records or history . but this i desire may be considered , that admit there were no representation of the free-holders of the counties settled at any time within the reign of hen. iii , or in any other king's reignnow appearing ; and farther , that it cannot be shewn , that such free-holders ever came to the general councils of the kingdom in their own personal interest ; yet however , if it appear that such as are now represented by the knights of the respective shires , gave their votes to parliamentary proceedings , by such as they particularly appointed to that end before the th of hen. . the present constitution stands sufficiently established without the least imputation of novelty , or usurpation . and this were enough for my purpose : but since many arguments induce the belief that before the th of hen. . such ordinary free-holders often came to the general councils of the kindom without special election and representation , i should have given too great advantage to the underminers of common right , if i should have undertaken to prove that the counties , from the time of the reputed conquest downwards , always had their representatives by the formality of a choice , which mr. hunt , i thank him , would put upon me to prove . his second mistake , as to the manner of summoning the great council and the curia , wherein he thinks that there lies an essential difference between the two courts , is nearly conjoyned to the first , and if it were no mistake , would overthrow my notion : for if , as he holds , only tenants in chief made the general council , of the kingdom , as well as the curia , then my belief that others besides such tenants had right to come to the general council , would be groundless ; and it might be probable that the different summons might distinguish the courts . but whereas he fancies it to have been a distinctive mark , or certain diagnostick of a parliament , where the summons were personal to the bishops , earls , and the greater barons ; if he had been pleased to have taken the pains to consult the records , he would have found the summons to have been as personal to the wars , and consequently to the curia ( which besides other occasions for its sitting , was held at the place of rendezvous , to charge escuage upon the defaulters ) as 't was to the general council , which if i prove , i hope 't will be yielded that the essential difference of those two courts could not arise from the nature of the summons to the king's tenants , whether all were called in general , or some among the rest in particular , but from the persons summoned , whether only tenants in chief , or others besides them . in the th of hen. . which to be sure , was before the th there was an army to be sent against llewelin prince of wales , who committed hostilities against the english ; this 't is certain was no general council of the kingdom , being only a summons to the wars ; and yet the great barons had personal summons , as appears by the record . rex dilecto & fideli suo rogero de rigod comiti norff. mares . ang. salutem ; quia llewellinus filius griffini et cumplures rebelles nostri contra homagum suum & fidelitatem nobis debit am terras nostras & fidelium nostrorum in partibus walliae dudum ut nostis hostiliter sunt aggressi terras illas occupando & devastando in nostrum dedecus & in nostrum et praedict . fidelium nostrorum exheredationem manifestam vobis mandamus sub debito fidelitatis & homagij quibus nobis tenemini & sicut eaquae de nobis tenetis diligitis quod in festo beati petri ad vincula proximo futuro sitis apud wigorn cum equis & armis & cum servitio vestro nobis debito parati exinde nobiscum proficisci in expeditionem nostram contra praefatum llewellinum & complices suos rebelles nostros . et it a de contentis in hâc necessitate nostrâ ibim veniatis ut dictorum rebellium nostrorum versutia adeo patenter reprimatur quod nobis et vobiscedat ad honorem & exinde vobis ad grates teneamur speciales . teste rege apud westmin . o die maij. eodem modo mandatum est phil. basset , &c. and this gentleman ( if he had thought fit to have trusted mr. selden , without taking the impertinent pains as he terms it , of searching the records , might have known that about temporal barons had then their several writs . but this author finding a precept to a sheriff , quod summoneri facias archiepiscopos , episcopos , comites , barones , abbates , priores , milites , et liberos homines qui de nobis tenent in capite , &c. concludes that this must necessarily be a curia regis in distinction to a parliament , because of the general writ of summons : whereas a little insight into records would have acquainted him that the sheriff was obliged to summon all those by a general proclamation , and then to deliver the particular writs to the great barons amongst them ; this record doth not say how they were to be summoned ; but notwithstanding this , every one of those ranks of men might have been summoned particularly : but to prevent all mistakes , or evasion we have a record which explains that very instance which he insists upon , it being of that very time . rex vicecom . devon salutem praecipimus tibi quod in fide quâ nobis teneris visis literis istis scire facias omnibus de com. tuo qui de nobis tenent in capite per servitium militare vel per serjantiam & similiter illos qui terras norman . vel brittan . tenent de ballio domini regis iohannis patris nostri vel nostro quod sicut tenementa sua quae de nobis tenent diligunt sint apud winton . die clausi paschae parati cum equis et armis ad trasfretandum cum corpore nostro in pictaviam literas etiam ipsius certis personis directas in com. tuo mitti fac : t. r. apud windles o die februarij . here was notice given to all , or general summons , and particular writs also to be delivered to some of the tenants , and thus , for ought appears to the contrary , it always was . this alone were enough to shew that he has mistaken king john's charter , which he thinks has establish'd this difference ; but his own explication of it will make it more apparent . which i shall consider under this next head. chap. ii. some erroneous suppositions , which may have contributed to mr. hunt 's belief , that the tenants in chief , were the only members of the general council of the kingdom till h. . or that tenants in capite only , constituted both the curia , and the parliament , according to the imagined different summons , considered . all the grounds which mr. hunt can pretend for this , besides the matter of fact in relation to the summons which i have already examined , must be either ; . from the interpretation of king iohn's charter . . his notion of tenure in capite ; or , . the belief that william the first , made an absolute conquest of this nation . if king iohn's charter requires that the great tenants in chief should have particular summons to parliament , then indeed there would be a reason why , though all the tenants in chief were obliged to attend in the curia upon general notice , yet some might not be concluded by any act of legislation , unless they had notice of attendance to such end . but if he knew not what was meant by tenure in capite , 't is odds but he might mistake the sense of that part of king iohn's charter which relates to the tenants in chief . and if william the first did not make an absolute conquest , 't will be wonderful how those that derived from under his grant , should be the only persons interested in the government , exclusive of all others : but if he did make such a conquest , then a very little evidence would be enough to make one believe that none but tenants in chief were cives , or any part of the civil society . to take away all colour from his presumption ; i shall shew , i. that he gains no help from king iohn's charter . ii. that he mistakes the nature of tenure in capite . iii. that he would have done well , to have answered the objections against the supposed conquest , before he concluded for it . i. he can gain no help from king iohn's charter ; for his interpretation of it fights against its self . he himself acknowledges a difference between the curia regis , and parliament , and particularly that in the curia the suitors assess●…aids and escuage , to which purposes he will have it , that they were summoned by general writs ; and yet contends , that by king iohn's charter , the great tenants in capite , who were suitors at the curia , were to be summoned in particular de scutagiis assidendis , to assess escuage ; and that the council where this was assest , was a parliament , according to his imaginary distinctive mark. but let us observe his way of demonstrating his sense of this charter : he divides some of the clause , in dispute , into two parts , and leaves out ( as not material to the enquiry ) what particularly relates to the cities , ports , burroughs , and vill●…e ( townships or parishes ) in which alone , according to his own division , the liberties of sending burgesses to parliaments must have been confirmed and provided for ; and yet , notwithstanding such omission , will have it that the modus parliamenti in king john 's time , was in the said charter declared . his first division is this . nullum scutagium vel auxilium ponam in regno nostro , nisi per commune concilium regui nostri , nisi ad corpus nostrum redimendum , et ad primogenitúm filium nostrum militem faciendum , et ad primogenitam filiam nostram semel maritandam , et ad hoc non fiet nisi rationabilè auxilium . the charter has further , which is omitmited by him . simili modo fiat de civitate londinensi , & civitas londinensis habeat omnes antiquas libertates , & liberas consuetudines suas tam per terras , quàm per aquas : praeterea volumus & concedimus quod omnes aliae civitates , & burgi , & villae , & barones de quinque portubus , & omnes portus , habeant omnes libertates , & liberas consuetudines suas . here mr. hunt , to be sure , would have it divided ; since he begins the other part with et ad habendum commune concilium regni . wherefore 't is manifest , that even according to his rendring of this part of the charter , the modus of parliament is not declared ; the right of the burroughs amongst other places to come to the great council being only implied , under the rest of their liberties and free customs , whereas he himself confesses , that we have no history of the commencement of their right , and that it was an ancient establishment in the government before magna charta . as i had formerly urg'd in iani anglorum facies nova , and in ius anglorum ab antiquo . et ad habendum commune concilium de scutagiis assidendis aliter quam in tribus casibus praedictis , either ought to be read along with what relates to the cities , burroughs , ports , and parishes or townships , and so their right of coming to the commen council of the kingdom is provided for in an especial manner , as well as their other liberties , and free customs . or else , the right of the inhabitants of these places , the integral parts of the kingdom , to send , or come to the common , or general council of the kingdom , must have been included in the general provision for their liberties , and free customs , and no otherwise taken care of . and then h. the ds charter , being in nullo dissimilis , or the same in substance with this of king iohn ; and having no express provision for the manner of summoning the general council of the kingdom , and only leaving escuage to be raised , as 't was in the time of h. the d , it shews that escuage was to be raised in such a council so summoned , as is provided for in king iohn's charter , with which h. the ds agreed in substance : wherefore to say escuage should be raised , as 't was in the time of h. the d , was as much as to say , that for the assessing escuage the arch-bishops , bishops , abbots , earls , and all the great barons of the kingdom holding in chief , were to be summoned by special writs , the other tenants in chief by general ones , and for this they should have forty days notice . but let us see what is made of a contrary exposition . by the first commune concilium , mr. hunt conceives the curia regis was meant , and that out of that court the king would not impose escuage , or aid upon his tenants , except it were in those three cases of aid mentioned . but then , et ad habendum commune concilium regni aliter quam in tribus casibus praedictis & de scutagiis assidendis he conceives to be meant of parliament , and that all matters other than those three mentioned , aids , and escuage , which were due by tenure , should be done by that commune concilium , that is , his parliament . truly i know not how he will free himself from a contradiction upon this , when he makes et ad habendum commune concilium regni aliter quam in tribus casibus praedictis , et de scutagiis assidendis to be meant of a parliament , though before he had exempted escuage from the court of parliament and assigned it to the curia . and this shews clearly , that no other council but the curia regis is there mentioned , there being no provision , except what was contained under liberties , and free customs , for any other matters besides escuage , and aids , and these such as he confesses to have been due from the king's tenants , for where 't is nullum scutagium vel auxilium ponam in regno nostro , nisi per commune concilium regni nostri . by this commune concilium he owns the curia regis was meant . for the three aids excepted in the charter , to be sure there was no need of a council of tenants , they being incidents , and of course raised and returned into the exchequer , and the king expresly reserved unto himself a power of raising them without convening any council at all ; so that in short all the common council that can be here found by him is only a curia regis for the assessing of escuage , so that where 't is nullum scutagium vel auxilium , auxilium is confined to such as lay upon the tenants who were to be summoned to the curia , who were tenants by knights service only ; and therefore he rightly observes ( if he takes it of such as held not per servitium militare ) that the burgesses were not suitors to the curia regis , and where 't is commune concilium de auxiliis , & de scutagiis , if they ought to be joined together , the word scutagium brought in with an and is exegetical , and explanatory of the general word aid , and confines it to aid upon tenants by knights service : and it is certain that the matters excepted were incident to knights service as well as socage tenure . according to which , as london held in common socage , ●…ili modo fiat de civitate london , must be meant , that as escuage was raised in the common council of the tenants by knights service , in like manner tallage in london should be settled in its common council ; for according to mr. hunt , the city of london being a burrough , was no part of the curia regis , which he says is the commune concilium just before mentioned , wherefore simili modo fiat can have no other meaning ; being 't is manifest that their aid was to be raised in a common council . after all it must be agreed , that this charter is not carefully , and clearly penn'd , however here is enough to shew that it cannot possibly serve the contrary side . besides the uncontroulable evidence of what was the modus of general councils both before , and after the making of this charter , till the th of h. the d. but mr. hunt might well be out , in his interpretation of king john's provision about the tenants in capite , since . ii. he mistakes the nature of tenure in capite , which i shall evince by these three particulars . . in that he supposes that none of the tenants in chief were majores barones , but bishops , and earls . . that none were barones regni , but tenants in chief , and none barones regis , but such as were called of grace to parliament . . in imagining that if a tenant in ca●…te , granted out to never so many , all the grantees were tenants in capite , and owed the same entire service that the first grantee did . . his errours upon his first and second heads cannot be truly shown , unless they be fully transcribed in their full dimensions . when the conqueror ( says he ) did innovate his tenures in capite , and made all men of great estates barons , and by their tenures and estates members of parliament , we then had such laws , quas vulgus elegerit , and the nwe had materially our three estates , though not so well sized and sorted as since . we had then i say many great free-holders in every county that by their tenures were members of parliament , whereas now we have but two , and tho the people did not not chuse them , yet the men of that order , seem chosen once for all interpretatively by the people in their consent to the government . in this constitution , scarce any man that was fit to be chosen , but was without the peoples choice a member of parliament , as there now are more who are fit to be chosen than they can chuse , so that the barones minores were then instead of knights of the shire , and the barones majores , bishops and earls did then , as now , make the parliament . besides , barones majores and minores there , was at this time a distinction between the barones regis , and barones regni , which i will explain , to prevent any mistake that may grow thereupon : the barones regni , were barons by tenure , and made part of the government by the constitution of the first william , and so in process of time , called barones regni , because they had by continuance of that constitution , acquired a fixed right to that honour . but because of the frequent wars between the barons and the kings at that time , they did omit to summon , some who were barons by tenure , and now duly called barones regni , to parliament , and called others , that had no right to be called ratione tenurae , and those they called barones regis . this was ill taken by the lords , and was one of the occasions of their war with king iohn , upon which they obtained his charter for remedy , as follows . barones majores regni sigillatim summoneri faceret ; the truth of this as to the fact will appear by the history of those times ; and that this is the reason of this distinction of barones regis and barones regni , doth appear by the recited charter of king iohn , where the majores barones are called barones regni ; for the barons were more concerned for the losing of their honours , than they were at the communication of the like honour to others , and with reason , though all honours are lessened by the numbers of those that participate of them . the inconveniency and mischiefs of this constitution were very great , and very sensible , by making the government to consist of one order , there was no third to moderate and hold the ballance . i shall not here enlarge upon his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of the conquest , nor upon his conjecture of one of the occasions of the barons wars , nor yet upon his notion of three estates materially the same when but one order , and by the same reason , if all were in one , by virtue of ▪ his spiritual and temporal power , and he had by a conquest all the property of the nation , here the government was materially the same , with lords spiritual and temporal , and commons in his belly , as when he had disgorged , and scattered abroad the property and power . but to the purpose of the above-mentioned heads . . whereas he will have it , that only bishops and earls were majores barones , it appears manifestly to the contrary from the words of king iohn's charter , which he mistakes , submoneri faciemus archiepiscopos , episcopos , abbates , comites & majores barones regni , sigillatim . here are majores barones regni , after bishops and earls : and i need not here remind him of the vanity of the notion of making majores barones exegetical , or comprehensive of what went before . 't is certain if bishops were majores barones as well as earls , here are others intended also ; and why are not such as held whole baronies , as some did , great barons ? besides , you shall find numbers of barons to have received particular summons , even to the wars , according to the provision in king iohn's charter for summoning the majores barones sigillatim . i will give him some names , and see whether he makes earls of them all . three bassets . william de harecourt . roger de somerey . iohn forreigner , extraneus . richard de grey . ern. de bosco , &c. but if all these were earls , what thinks he of the nine hundred and odd , who received special summons , de veniendo ad regem cum equis & armis usque berwicam super twedam in the th of edw. . . whereas he will have it that the barones regni were barons by tenure , and the barones regis by call to parliament , he might have known that every baro regis was a baron of the kingdom , but every baron of the kingdom was not baro regis , in a strict sense . wherefore accordingly king iohn's charter confines the special summons , which as , i say , was to the curia regis , to such great barons of the kingdom as held in capite . there being after majores barones regni in a different provision , et omnes alios qui de nobis tenent in capite . wherefore when all the barons of the kingdom were summoned , it took in the majores and minores , both those that held in capite and otherwise . but when they are used distinctly , 't is wholly contrary to his supposition ; for the barones regis were properly , and strictly , they who held immediately of the king , as all manner of authorities warrant . indeed i am almost ashamed here to bring proof of a thing so evident : but he may please to observe that thanus and baro were always of the same acceptation . thanus regis was strictly , he who held lands of the king by any kind of tenure ; and so was baro regis ; tho somtimes appropriated to him that held by knights service , and an ordinary thane was no more than an honest free-holder by any sort of tenure , as appears by dooms-day-book it self . but i conceive the difference between baro regni and regis , is sufficiently shewn in this following authority . in the d of hen. . benedictus abbas , tells us the king summoned magnum concilium de statutis regni sui coram episcopis , comitibus , & baronibus terrae , & coram eis per concilium comitum , et baronum , militum , et hominum suorum ; he made the fam'd assize at northampton . here are barones terrae , or regni , and barones , milites , et homines sui . here either all the barones regni were barones regis , or sui : and then his distinction between baro regni and baro regis falls to the ground ; there being no difference ; or else there is that very difference i stand upon , viz. that the barones regni were comprehensive of all sorts of barons , the barones regis were the king's tenants in capite . amongst which , there were knights at least : and the homines sui , i take it were his great officers and justices . these made a select council , acting in parliament , and out of it , either in a full body , or contracted by agreement , as i could easily shew . but the tenants in capite , were the king 's ordinary council , and therefore manifestly the assize there was drawn up and advised by them in full parliament , with the consent of all the barons of the kingdom : under which , in those ancient times omnes quodamodo ordines regni continebantur , as mr. cambden observes . but 't is observable , that here 't is homines sui , or regis , to shew that the justices and others , who came not upon the account of free-hold , but as the king's servants , were not to be termed barones sui . a few years before this , there was a summons for an assembly at this very place ; and 't was manifestly no more than a curia regis . . whereas there were the barones terrae at the last above named , to this were summoned only tenants in capite . . whereas then they were to exercise a legislative power , de statutis regni ; this was only for a judicial power , such as tenants in capite exercised by themselves , for 't was only upon the case of becket . . whereas the former was called , magnum concilium de statutis regni , this magnum concilium , as some call it , was but curia regis : barones curiae regis adjudicaverunt eum esse in misericordia : as hoveden informs us . now the question is , whether those tenants in capite , the barones curiae , were barones regis ; which that they were , i think is very obvious , they being , by reason of holding of the king , obliged to attend at his court : and that these were the king's barons , or barons of his court , or owing suit , and service there , must needs be synonimous . but utterly to silence this gentleman , he grants that hen. i. was crown'd in an extraordinary convention of the people ; that is more than tenants in chief consented to that change in the succession . now that very king's charter , says 't was communi concilio baronum regni ; when among these he comes to mention such as held of him in chief , he calls them his barons , emphatically ( not but that all were his barons in a remote sense ) si aliquis baronum meorum , vel comitum , sive aliorum qui de me tenent mortuus fuerit , haeres suus non redimat terram suam sicut faciebat tempore fratris mei . this relief , it seems , in his brother's time was uncertain , and immoderate , and was by him reduced to the old standard , as 't was in canutus his time , as appears by the comparison of the laws of both . the earls relief was eight horses , four with furniture , four without , besides arms , and a certain quantity of gold. the thanus regis primarius , as in king canutus his law , or qui ei proximus , as in henry the st , paid for hereot or relief , which there were synonimous , four horses , two with furniture , two without , &c. the mediocris thanus paid one horse with furniture , and other things more or less , according to the custom of the places under different laws . here was thanus , or baro regis primarius , the same with baro major , and thanus mediocris , or baro minor , one of the alij qui de nobis tenent in capite mentioned in king john's charter : and surely no man will say that this relief was not payable because of tenure in capite . by the th of king john , it had become customary for the relief to be paid in money ; as appears by his charter . siquis comitum vel baronum nostrorum , sive aliorum tenentium de nobis in capite per servitium militare mortuus fuerit & relevium debeat , habeat hareditatem suam per antiquum relevium , scilicet haeres vel haeredes comitis de baroniâ comitis integrâ per centum libras , haeres vel haeredes militis de integro feudo , militis per centum solidos ad plus , et qui minus debuerit minus , vel secundum antiquam consuetudinem feudorum . here baro noster was manifestly the same with thanus regis in the older laws ; and baro de baroniá integrâ , with thanus primarius , or qui ei proximus . the mediocris thanus regis was the miles , or libere tenens , one holding in chief by knights service , by whatsoever proportion of a knights fee. and by this time i think 't is evident , that they whom mr. hunt supposes to have been the only barones regni , were in a strict sense the barones regis , and but part of the barons of the kingdom . . whereas he imagines that if a tenant in capite by knights service granted out to never so many , they all owed the same entire and indivisible service to the king , and were his tenants in capite ; in this he must needs have been mistaken : but that i may not seem to misrepresent his sense , i shall transcribe his words , and then endeavour to bring them out of their clouds . the feudal baronage , says he , was as large and as numerous as the tenures by knights service in chief , which were capable of being multiplied several ways , for every part of the fee , however divided , the services reserved upon that fee that were entire and indivisible , were to be performed by the several proprietors of the several parts of the divided fee. in this paragraph there are three postulata . . that tenure by knights service in chief , was tenure by barony . . that every tenure by knights service had some entire indivisible service incident to it . . that this entire indivisible service was multiply'd to the benefit of the king , upon the tenants aliening any part of the fee. the two first i agree to his hands ; but dispute the third , i conceive with good reason : for upon the first view 't is evident , that if the grantee of the king's tenant in chief by knights service would ( before the statute of quia emptores terrarum ) have been a tenant in chief , by reason of the entire and indivisible service incident to the tenure of his land , by the same reason the grantees of land held of the king in chief by socage or other free tenure would have been tenants in capite , because of fealty , which is as indivisible an incident to all other free tenures , as homage or any thing else belonging to knights service . and by consequence upon this notion , since the king , even before the pretended conquest , had ratione coronae , the supream signiory of all the land of the kingdom , as the mirror shews : all the land of the kingdom would have been held of the king immediately before the statute of quia emptores terrarum . and then to be sure ever after , since that provided that lands shall be held as the feoffor held over , which by this opinion must always have been of the king immediately . but i mnst needs say , this errour of mr. hunt's is the most excusable of any i meet with in his book , because the great lord cook leads him the way . for he tells us , and refers to the mirror for proof , that by the laws and ordinances of ancient kings , and especially of king alfred , it appeareth that the first kings of this realin had all the lands of england in demesne , and les grandes , mannors & royalties , they reserved to themselves : and of the remnant they for the defence of the realm , enfeoft the barons of the realm with such jurisdiction as the court baron now hath , and instituted the free-holders to be judges of the court baron . then he tells us in his second institutes , that till the statute of . e. . whereby 't is provided that alienations of lands made by tenants , which held of h. . or of other kings before him , to hold of themselves , should stand in force , saving to the king his prerogative of the time of his great grand-father , his father , and his own : it was doubted , whether the king's tenant , might have given part of the tenancy to hold of himself . which is in effect the same with mr. hunt's notion of all the tenants holding of the king in chief . . but 't is obvious that by what the lord cook said of the laws of king alfred and others ; whereby he supposes tenures were erected not only of the king , but of his grantees , who had their court barons : his opinion was that the king's tenant might have granted out to hold of himself , for otherwise how could he have had his court of tenants ? . whereas he supposes that the laws of king alfred , shew that the kings had all the lands in demesne , there is but one law of king alfred , mentioned in the mirror , and that is for the great councils assembling at london twice a year , or oftner , if need be ; not any thing of tenures . . but amongst the establishments made per cel estate per plusors royes , by several kings in parliament , the mirror says , assentus fuist que les choses suivant serrent appendant aux roys & al droit de la corone , soveraigne jurisdiction , la soveraign signory , &c. come franchises , treasnre trove , &c. then it goes on ceux droits retiendrent les primers roys & delremnant de la terre enfefferont les countees , barons , &c. here 't is plain that no more than the rights aforesaid , amongst which chief cities , chief ports , and great mannors were named , not all the lands , were retained by the first kings : and tho they are said to have infeoff'd others of the rest of the land to hold of them , yet that does not necessarily imply that they had all in them before : nay , the mirror shews the contrary ; for it says , that after god pleased to abate the british nobility , who used force rather than law , he left the realm to the most humble and simple of all the adjacent countries , the saxons , who came to conquer it from almain , de la quel gent il y eurent iesque quarant soveraigns que touts soy tiendrent a companions . amongst these forty princes , being equal and independent , here was no king , till they came to make a choice . and so the mirror tells us they did , having felt the smart of their competitions . then eslierent de eux un roy a reigner sur eux & governer le people de dieu & a maintainer & defendre les persons & les biens en quiet per les rules de droit . this shews they did not resign their properties to the king , for they chose him to defend them , yet it seems they consented to take grants from the king by such services as were in common agreed upon : and though they were principally from him , as head of the body politick , yet any man that observes the forms of the saxon kings grants , will not think it a vain imagination , that such as i speak of , should have been with universal consent . . but i cannot find any warrant to question the tenants power at the common law to grant out to hold of himself . and i am sure there is an express resolution for it in dyer , the words are thus in english ; a man seized of a mannor in fee , held of the king in capite , before the statute of quia emptores enfeoffs j. s. of part of the demeans in fee , without saying more : the feofee enfeoffs another to hold of the feoffor and his heirs by s. and d. rent for all services . the land clearly is not held in capite . and the first mesnalty is not held of the feoffor as of the mannor by knights service . the statute of e. . mentioned before by the lord cook , is not in the least contrary to this : for whereas before magna charta , the king's tenant might have alien'd as he pleas'd , and magna charta's provision ( quod nullus liber homo det de caetero amplius alicui , vel vendat alicui de terrâ suâ , quàm ut de residuo terrae suae possit sufficienter fieri domino feodi servitium ei debitum , quod pertinet ad feodum illud ) interpretatively gave a fine to the king when his tenant alien'd ; which was not due before that great charter was made ; the statute . e. . gave the king fines for alienations made in the time of any king , even before the making of the charter . the lord cook cites an answer to a petition in parliament , . e. . rex non vult aliquem medium , which is no more than that he would not grant his tenant who then petition'd , licence to alien : however he had not forfeited his land if he had alien'd , but the king might have entred and seized the land in the name of distress for a reasonable fine for the trespass : which the lord cook takes for the better opinion . and if the land were forfeited , to be sure the indivisible service could not have been multiplied , as mr. hunt imagines . 't is certain , that tho at the common law the king , or any other lord , might have distrained for his services , reserved upon the original grant , in the lands of any inferiour grantee as well as in the lands of his immediate tenants ; yet there was this inconvenience , that the wardships and marriages were not so considerable when the lands were parcell'd out , and the lands of the immediate tenant , ( who only was to be in ward , or to be married by the first grantor ) were of less value . therefore was that provision by magna charta , by the interpretation of which , the king was to have fines upon alienations . but tho the inconvenience of tenants aliening to hold of themselves , was taken away by the statute of quia emptores terrarum , edw. . which gave tenants free power to alien their lands ; and provided that the alienees should hold of the alienors immediate lords with an apportionment of services : yet licences of alienation being of settled prerogative , were not taken away from the king , he not being named in the statute . by that statute indeed , if a tenant in capite aliened with licence , the alience became tenant in capite ; for the statute divided the signiory . but how it could be at the common law in any other case than that of copartners , who are but as one heir , and plac'd in the same relation to the lord , i cannot imagine . i find in the statute of ireland this of copartners is mentioned as the law of england . in regno nostro angliae talis est lex & consuetudo , quod siquis tenuerit de nobis in capite , & habuerit filias heredes , ipso patre defuncto , antecessores nostri habuerunt , & semper nos habuimus , & cepimus homagium de omnibus hujusmodi filiabus , & singulae earum tenerent de nobis in capite in hoc casu . which shews that the case of copartners ( being a single instance of the continuance of the same immediate service , notwithstanding the division of the fee , ) was an exception out of a general rule . but i dare say , no body that understands any thing of the feudal law , as it has been received in this or other nations , will be of mr. hunt's opinion in this particular . dly , mr. h. would have done well to have answered the objections against the supposed conquest before he concluded for it ; and i shall take it for granted , 't is a question heartily begg'd , 'till i find an answer to these arguments in ius anglorum ab antiquo . . that the histories of those times prove undeniably , that william the first came in upon terms , which he swore to at his coronation , and solemnly confirmed afterwards . this indeed was a conquest in the language of those times , as 't was distinguish'd from an hereditary right , but no otherwise . thus in king iohn's time , a man pleads , that his father had such a thing de conquest●… suo , viz. by his own purchase or acquisition . . that dooms-day-book it self demonstrates that men enjoyed their lands under their old titles , and those laws of st. edw. which the histories assure us were confirmed by compact with william the first , without particular confirmation of their estates . . that we have later records of the allowance of titles derived from before the norman acquisition , nay , even of the whole palatinate of chester , the title to which was laid only in descent , even after king william's confirmation . . that ancient historians , and dooms-day-book confirm the opinion of that judg in edw. iii. time , who informs us that william the first , disseized only them that were in arms against him , and forfeited by opposing that title which the nation received . till mr. hunt has answered these arguments amongst others in ius anglorum ab antiquo ; i hope he will not be angry that some are so critical that they will not call the first william , conqueror ; especially since conquestor and conquestus cannot now be reduced to their old peaceable signification . and therefore are by no means to be admitted , unless we take the sense of the judicious lord clarendon , who rebukes mr. hobbs for insisting upon william the first his title by conquest , as being what he himself renounced and abdicated , if he ever had it . if mr. hobbs says that unhappy great man , had taken the pains , and known where to have been informed of the proceedings and transactions of william the conqueror , he would have found cause to believe that that great king did ever dexterously endeavour from the time that he was assured that his possession would not be disturbed , to divest himself of the title of a conqueror , and made his legal claim to what he had got by the will of edward the confessor , whose name was precious to the nation , and who was known to have a great friendship for that prince , who had now recovered what had been his . and he knew so well the ill consequence which must attend the very imagination that the nation had lost its propriety , that he made haste to grant them an assurance that they should still enjoy all the benefits and priviledges which were due to them by their own laws and customs : by which they should be still governed as they were during that king's whole reign , who had enough of the unquestionable demesnes , and lands belonging to the crown , of which he was then possest without a rival , and belonging to those great men ; who had perish'd with their posterity in the battel with harold , to distribute to those who had born such shares , and run such hazards in his prosperous adventure . and those laws and customs , which were before the conquest , are the same which the nation and kingdom have been since governed by to this day ; with the addition of those statutes and acts of parliament , which are the laws of the successive kings , with which they have gratified their subjects , in providing such new security for them , and advantages to the publique , as upon the experience and observation of the ages and times when they were made , contributed to the honour and glory of the king , as well as happiness of the people . many of which are but the copies and transcripts of ancient land-marks , making the characters more plain and legible , of what had been practised and understood in the preceding ages , and the observations thereof are of the same profit and convenience to the king and people . and upon mr. hobbs his supposition , that william the first , at his reception had dispens'd with the subjection of the ecclesiasticks , by the oath he took not to infringe the liberty of the church : the lord clarendon has to the same purpose with the former , or rather as evidence that there was no colour of a conquest , these words : they who know any thing of that time , know that the oath he took , was the same , and without any alteration , that all the former kings , since the crown had rested on a single head , had taken , which was at his coronation , after the bishops and the barons had taken their oath to be his true and faithful subjects : the arch-bishop who crowned him , presented that oath to him which he was to take himself , which he willingly did , to defend the holy church of god , and the rectors of the same ; to govern the universal people subject to him , justly to establish equal laws , and to see them justly executed . nor was he more wary in any thing , than , as hath been said before , that the people might imagine that he pretended any other title to the government than by the confessor ; tho it is true , that he did by degrees introduce many of the norman customs , which were found very useful or convenient , and agreeable enough , if not the same , with what had been formerly practised . and the common reproach of the laws being from time to time put into french , carries no weight with it : for there was before that time so rude a collection of the laws , and in languages so forriegn to that of the nation , british , saxon , danish and latine , almost as unintelligible as either of the other , that if they had been all digested into the english , that was then spoken , we should very little better have understood it , than we do the french , in which the laws were afterwards rendred . and it is no wonder since a reduction into order was necessary , that the king who , was to look to the execution , took care to have them in that language which himself best understood , and from whence issued no inconvenience , the former remaining still in the language in which they had been written . chap. iii. that mr. hunt himself in effect grants , that more than tenants in chief had right to come to the great council of the nation in which the nation 's rights were involved . i do not deny , ( says he ) but upon a change in the succession to the crown , there might have been in this time extraordinary conventions of the people , to declare their universal assent for better assuring such successors , discountenancing the real prince , and preserving the peace , as in the case of william the second , henry the first , king stephen , and king john , &c. with an assent of such an assembly as this ; at least king john should only ( if so ) have made his kingdom tributary to the pope . . here he grants that sometimes more than tenants in capite assembled at council . . that to some purposes such assemblies were needful , not only to quiet the minds of the people , but to transfer over a national right . for , he says , if ever there were extraordinary conventions , which he owns to have been in some cases , then king john could have made the kingdom tributary only in such a council , viz. an extraordinary convention . wherefore government being , as he says , rei publicae communis sponsio , he grants , that the government here , was not absolutely in the king and his tenants in chief : for if it had , they might have disposed of all the nation 's rights . wherefore in effect , he yields , that the men of that order were not chosen once for all interpretatively by the people in their consent to the government . but further , if he yields us those authorities which shew that the people of the land , the free-holders , used to assemble for the declaring their assent to the supream governour , with what colour can he set aside those authorities which mention assemblies to other purposes in as general terms ? if an ordinary free-holder was under the word populus at an election to the crown , or recognition of a title ; how comes the signification to be restrained at other times ? will not vulgus , plebs , populus minor , laici mediocres , and the like , denote more than tenants in capite , as well at one publick assembly in the some king's reign , as at another ? unless a prior law be shewn , which excludes the commons from one council , but admits them to the other ? but i cannot find any thing more in this supposition than a downright begging the question . indeed if william the first made a conquest of england ; so as that he divided out all the lands of the kingdom to be held of him in chief : and the alienees of tenants in chief still held immediately of the king ; neither of which will readily be proved : then indeed , but not till then , the populus minor at the councils would be taken for the tenants in chief only . but the admittance that the presence or consent of more than tenants in chief , was at any time needful to any act of rightful civil power , wholly destroys the supposition of a conquest ; unless we can believe that the conquer'd ought to give laws to the conqueror ; or that , notwithstanding any kind of establishment , the dernier resort , and supremacy of power , is always in the people . which is a notion that would unsetle all governments , making them precarious . whereas he himself tells us , no government can be legally , or by any lawful power chang'd , but must remain for ever , once establish'd . chap. iv. that even according to mr. hunt's notion of tenure in capite , all proprietors of land , as such , had till the th of h. . right to come to parliament . this , though never so strange , i think will be granted me , that he does , if he makes all the free-holders of the kingdom tenants in capite per baroniam . he supposes , that the whole kingdom was upon the matter turn'd into one great mannor by william the first ( all men made his tenants ) and that all the great possessions ( by which he must mean the mannors , of which others held ) were made baronies . now this , feudal baronage , he says , was capable of being multiplied several ways : for every part of the fee , however divided , the services reserved upon that fee , that were entire and indivisible , were to be performed by the several proprietors of the several parts of the divided fee. since he uses this as a proof of the multiplication of baronies , according to the argument , baron-service was indivisible . thus every proprietor , as he had part of the divided fee , was part of the baronage , and consequently , if all the baronage both spiritual and temporal de jure , ought to have summons now to parliament , without respect to estate or tenure , there would be a great many pretenders . but to be sure , when all the baronage were summoned antiently , these inferior tenants came , by his own rule , as owing the service of barons , and so ratione tenurae , were barones regni . but the baronage of england having been always , in his opinion , the lords spiritual , and temporal ; and nobility having been foudal , or because of the feud , the burgesses , being all , according to him , till about the time of h. . under tenure by baronage , were as good lords as the best ; and why were not honest free-holders so too , as well as traders , most of them , then 't is likely , mechanicks ? chap. v. whereas he would set aside the questions of what the government was , till th of h. . as impertinent . ( . ) his own notion , by which he would supplant the labours of others , destroys it self , while mine maintains what he aims at . ( . ) he puts such matter in issue for asserting the present government , as can never be maintained . ( . ) he yeilds so much of the fact against me as sets aside the whole foundation of his postscript . and yet admit he answers all objections against his postscript , the grounds which i go upon are of the most general use. for preventing the worlds being troubl'd with impertinent labours , and to divert those that thus employ themselves to undertakings more useful to the publick , & advantagious to themselves , he thought fit to tell us , that the parliament was always materially the same . but we are at a loss to know what he means , by materially the same . for 't is manifest , that according to his notion , if the government were from the time of our dispute always in one , it would have been materially the same , as 't is now , and yet he will not allow the legislative power to be in one here . every government , says he , is the representative of the people in what they are to be governed by it , by their consent to it , in the first erecting thereof , they do trust their governours with the rule and order of their lives and estates for the common-weal . this seems to be his meaning of materially the same , as 't is brought to shew that 't is not needful , in order to the maintaining the present right of the commons , to shew , that the counties in all this time had their representatives in parliament , by the formality of a choice . which no man , that i know of , has of late laboured to prove . but if this be his meaning of materially the same , then all governments are materially the same ; whereas they may be so formally , as founded in the consent of the people , which he presupposes . but if william the first was an absolute conqueror , as he all along yeilds to dr. brady , where was the consent of the people to his government ? and how can a government by consent , now of constituent parts , different from what he thinks ours was at the first erection by the conquest , be either materially or formally the same with such a government by conquest ? but we must seek further for his meaning in materially the same . he tells us , the parliament and the curia regis , were materially the same , that is , as one would think there , consisted of the same members , the only difference being laid to be in the nature of the summons . and yet he tells us , that the ancient burroughs sent members to parliament , but that such were not suitors to the curia regis : how then were these materially the same ? thus 't is plain that he has laid no manner of foundation for our government by king , lords , and commons , or by king , and three states ( which he takes to have been the e●…entials of our government from the conquest ) but what himself undermines . whereas what i go upon prevents all manner of pretences for unhinging of it , and is the same in effect with what the great fortescue observed in the time of h. . et in omnibus nationum harum , & regum earum temporibus , regnum illud eisdem quibus jam regiter consuetudinibus continuè regulatum est , quae si non optimae extitissent , aliqui illorum justitiâ , ratione , vel affectione concitati eas mut assent . indeed this assertion , of that famous chancellor , has been much exploded by those , who think that the altering of some laws , or customs , is a change of the government ; and therefore say , that he was greatly mistaken , because many old customs have been abolish'd : whereas he certainly meant it of the fundamental constitution . which , as far as ever i could learn , was , and is , that every proprietor ( of land especially ) should in the general council of the kingdom , consent to the making those laws under which they were to live. in the time of the confessor , as appears in the transcript of his laws , there was a folcmote , or general assembly of the people of all the counties of england , which was to be held once a year on the kalends of may , to treat of all matters of state and publick concern : the very law for such assembly was received and confirmed in the th of william the first . so that then by law , and of right , whatever was the fact , the people of all the counties of england , that is , all the members of the county courts , the free-holders , were to meet in a great council , or parliament , as we now call it . admit that this is to be taken of every county respectively , ( which were to make as many distinct governments as counties ) : still the * adunatio conciliorum , or , calling † together of the counties and hundreds , as often as there was need , which h. the ●…st promis'd by his charter , would come to the same thing . and that all the members of the several county courts , were members of the great or general council , and came accordingly if they pleased . not to mention the several authorities by me formerly insisted on , i conceive may appear by comparing two authors of undoubted credit and sufficient antiquity , who shew what the great council was in the time of henry the second . in the of henry the second , that king held his easter court baron at windsor , as bromton shews us , rer tenuit curiam suam in solemnitate paschali . thither indeed were flock't most of the nobility , fere omnes regni anglae episcopii , & magnates . but this being a curia de more , or an ordinary court , which no more than tenants in chief were obliged to take notice of , nothing of universal obligation could then be establish'd : wherefore from hence the king went to london , where , as that historian says , de coronatione filij sui henrici majores & regui sui statutis magnum celebravit concilium . gervasius , who lived in that very time , acquaints us particularly with the summons , and appearance thereupon , convenerunt die statuto ex mandato regis ad londoniam totius angliae episcopi , abbates , comites , barones , vice-comites , praepositi , aldermanni , cum fide-iussoribus suis. there assembled at london , according to the king's summons , the bishops , abbots , sheriffs , the heads of hundreds , and of tythings , with all the frank-pledges throughout england ; unless the fide-jussores answer to the manucaptores , of which immediately . if this take not in all the free-holders of england , i know not what will ; for he that was within no free-pledge , or was no fide-jussor , was either an out-law , or not his own man , but his that was to be answerable for him : but every master of a family , or * free-holder , that was within the protection of the laws , was one of the frank-pledges . and indeed bronton tells us in express terms , that all the libere sui regni tenentes all the free-holders of the kingdom were there , for they all swore allegiance to the young king , as well as to the father . omnes comites , barones , & liberos regni sui tenentes devenire homines novi regis filij sui sibique super reliquias sanctorum ligeantias & fidelitates jurare , fidelitate semper nihilominus suâ salvâ . but if the fidejussores mentioned in gervasius were no more than the manucaptores , which used to answer for the appearance of them that were chose to represent the counties , cities , and boroughs in parliament , then here is positive proof of such representation of the commons as was in the times of edw. i. edw. ii. and so downwards . yet 't is not improbable that the pledges , or manucaptors for the knights , citizens and burgesses chose to parliament , were introduced long after this time instead of the fidejussors , or frank-pledges , when that admirable ancient polity about frank-pledges became impracticable , and was discontinued or broken through the general corruption of manners , which rendred it impossible for whole neighbourhoods to answer for one another , and through the pride and ambition of some who thought themselves above that law. and when the numbers of frank-pledges , ( had that happy combination still been maintained ) would through the vast multiplication of proprietors have been too great to assemble together upon any occasion requiring counsel and serious debates . there is one difficulty which arises upon the examining this point of antiquity ; that is , since we rarely meet with authorities , tho some there be , which particularly describe such as citizens and burgesses as summoned to , or present at the general councils of the kingdom , what shall we think of them . to which i am bold to say , that even citizens and burgesses might have come under the consideration of free-holders , inter liberos regni tenentes , or , barones , baronagium , barnagium , or the like . for either they were ; . corporations by charter ; or , . corporations by prescription . and i think it will be probable at least , that property in land , the continuance of which in any family made nobility , was the occasion of the priviledges of them all . and in such respect the freemen there were numbred amongst the nobles , tho afterwards when trade prevailed amongst them , the generality of them might be but quasi optimates , and yet by custom , they obtained the name of barones , as in london , warwick , the five ports , &c. and probably upon the account of the first erection . but that i may not talk wholly at random , i shall offer a scheme of the ancient polity , in relation to them which at least will not be disproved . for the first , the corporations by charter , they were of two kinds . ( . ) such as were incorporated by the king. ( . ) such as were incorporated by the subject . . of those that were incorporated by the king there were cities , that is , boroughs , which had a bishop's see , or else boroughs only . but the episcopal see , making the only difference , they fall not here under any different consideration . i conceive that though to these at the time of the incorporation , the king granted several franchises , as markets , fairs , and the like : yet he gave no right of sending members to parliament , to them who had it not before : but of them that were so incorporated , some were minores tenentes in capite , inferiour . tenants in chief , such as by king john's charter were ( where not incorporated ) to be summoned in general to the commune concilium , or curia regis . many of these for the sake of such immunities as belonged to free boroughs , consented to be incorporated : and thereupon they being one entire body , naturally fell into a representation , and answered together by their head-boroughs , or any other that they chose , as one tenant . st. albans i take it was of this kind , the burgesses of which pleaded , that they held the said vill of the king in capite , & ipsi sicut caeteri burgenses regni ad parliamenta regis cum ea summoneri contigerit per duos comburgenses suos venire debeant prout totis retroactis temporibus venire consueverunt pro omnibus servitus regi faciendis , quae quidem servitia iidem burgenses & antecessores sui burgenses villae praedictae tam tempore domini edwardi nuper regis angliae patris regis & progenitorum , quam tempore regis nunc semper ante instans . parliamentum ut p●…ittatur 〈◊〉 nomina quorum burgonsium sic praedictâ villâ ad parliamenta regis ve●…entium in rotulis cancellariae semper irrotulata fuerunt . i before had occasion to examine dr. brady's interpretation of the answer to the ●…ea ; here the plea it self comes to be considered : and whereas he renders p●…o o●…us servitus , in lieu of all services , i conceive the sense to be no more than thus : that they held of the king in chief , and that as other burgesses of the kingdom , they were to be represented at the king's parliaments , when they happened to be summoned by two of their fellow-burgesses , as ever since they were incorporated , they had used to come , for the performing of any of their services . and that they had not forfeited their charter , nor ought their corporation to be dissolved , for that they had duly performed all their services . and for proof that , to parliament especially , they had all along come by representation , they appeal to the rolls of chancery . certainly , no man , before the doctor , thought that the coming to parliament excused any rent or other service , which was incumbent upon them . but thus much is obvious from this , that here were minores barones , tenants in chief ( whose tenure must have been created by charter ) who were fallen into a representation : and that this was upon the account of property in land , which occasioned their services , and their being united as one tenant . but besides these , there were tenants of honours or manors in the king's hands , or in the subjects , which were incorporated by the king's charter , and sent their representatives to parliament . i shall instance only in a corporation holding of a subject , but incorporated by the king's charter . king john by his charter to william brewer , who in all likelihood was lord of the mannor of brugwater or bridgwater , grants that brugwater should be a free burrough , and that it should have markets and fairs . and of edward the first , when the first roll of burgesses begins , we find burgesses for bridgwater entred amongst the rest . and 't is observable , that there is not to be found any charter giving them the priviledg of sending burgesses , nor could such a priviledg arise by implication . wherefore they must necessarily have come upon the account of their property in land , with no other alteration than that their divided interests were all conjoyn'd in one . . but besides these , there were some incorporated by subjects . of those who incorporated them , some had regalia themselves , as the counts palatine of chester : one of which leofrick , brother to the confessor , in his life-time , incorporated coventry under the prior and monks of chester . whereupon the burghers of coventry were represented in the general councils of the kingdom as one entire body . we find that it sent burgesses to parliament edw. . and from its first corporation must needs have done so , according to its plea which was allowed edw. . for it pleads that it was neither civitas , burgus , nor dominicum regis . that therefore it ought not to be taxt or taliated as such , but was to be charged only when the whole county was charged , or in the like proportion : and they pray that the taxors and collectors may not be suffered to distrain amongst them , otherwise than it had been , totis retroactis temporibus in all times past , since they became one body ; that is , that ever since they were a body , they us'd not to be taxt as the king's demesnes , whether cities , boroughs , or manors ( which might be out of parliament , and even when there was a parliament , they bore the heaviest burthens ) : but as the county , as to the way of charging , or at least as to the proportion , but they having been at parliament e. . which was but eight years before by representatives of their own , not of the county in general , it shews how they had been taxt , totis retroactis temporibus . but besides the charters of counts palatine erecting corporations , there were others granted by some , who were particularly impowered to that purpose , or however they might have been confirmed by the king afterwards . but i shall give an example of a corporation raised by virtne of such a power given by the king , and confirmed afterwards . thurstinus dei gratiâ sciatis me dedisse , & concessisse , & concilio capituli eborac & beverlac & concilio meorum faronum meâ cartâ confirmasse hominibus de beverlaco omnes libertates iisdem legibus quibus ulli de eborac habent in suâ civitate , praeterea enim non lateat vos quòd dominus h. rex noster concessit nobis potestatem faciendi de bonâ voluntate suâ , & sua chartâ confirmavit statuta nostra & leges nostras juxta formam burgensium de eborac . &c. h. rex angliae , &c. sciatis me concessisse , & dedisse , & hâc chartâ mea confirmasse hominibus de beverlaco liberum burgagium secundum libertates , leges , & consuetudines burgens . de eboraco , & suam gildam mercatorum cum placitis suis , & feloneo & cum omnibus liberis consuetudinibus , & libertatibus suis , cum omnibus rebus sicut , thurstinus archiepiscopus ea iis dedit , &c. there is another confirmation by king henry of the charter by thurstan , and also william arch-bishop of york , to the same free-borough : and also another of king richard , wherein he mentions the confirmation of the bishop's charters by his grand-father . tenentes de villâ beverlaci in auxiliis , tam regi , quam primogenitoribus , cum communitate praedict comitatus semper hactenus & non cum communitate civitatum & burgorum taxari & contribuere consuevisse . i need not go to prove that these came by reason of their property in land , they being either the kings tenants , or the tenants of subjects . and whatever priviledges their interest might prevail with them to suffer to traders amongst them , 't is certain they were granted to the free-holders . . but then there were corporations by prescription , where since now all the free-men chuse , it may seem more difficult to prove that they came upon the account of property in land. many of these received charters in confirmation of their priviledges , yet , if they were taken away , would remain good corporations at the common law. i may instance in london ; of which there is this memorable passage in the confessors laws . debet etiam in london quae caput est regni & legum semper curia domini regis singulis septimanis die lunae hustingis sedere & teneri . and amongst other things quae huc usque consuetudines suas unâ semper inviolabilitate conservat . king john's charter provides for the ancient liberties , and free customs of the city of london in particular , and of all other cities , burroughs , vills and ports , and some charters of other kings may seem more like new grants than confirmations of the old priviledges : but thus much is certain , that those cities , boroughs , and vills which had their liberties , and free customs confirm'd by magna charta . h. . which was in the same terms as to that part with king john's , were cities , burroughs , and vills at the common law. and that we may frame an idea of these , we must have recourse to the old saxon laws . by them it should seem that there was a greater equality amongst the masters of families , than afterwards , and the law of frank-pledges was well suited to such equality ; when no man was above giving that security to the government , upon which st. edward's law says , est quaedam summa & maxima securitas , per quam omnes statu firmissimo sustinentur ut unusquisque stabiliet se sub fidejussionis securitate . and as every city , or burrough was a vill , that being the genus to both as well as an inferior species , the law provided quod de omnibus villis sub decimali fidejussione debebant esse universi , of these vills they that had special priviledges , markets , fairs , and the like , were free burroughs . and as the vills , so the burroughs at the common law were made up of a certain number of free-men , whose property might extend far into the counties . these at first were under tythings . afterwards as in the time of h. . property falling into more hands within the same tract of land or precinct , we find them answering for one another by twentys , the headburrough was aldermannus , or praepositus villae , or burgi . every one of these as a fidejussor , i take it , came anciently to the general council of the kingdom in his own person if he pleas'd : but very frequently they might intrust their aldermannus , or headburrough , to answer for them . but the franck-pledges discontinuing , they might accustom themselves to electing of members , sometimes one , sometimes more , upon every summons to parliament ; and thereupon in every burrough at the common law , the elections are by all the free-men , which answer to the franck-pledges formerly , except that 't is likely of old all the franck-pledges were very considerable free-holders . but still these burroughs could not take in all the free-holders , nor yet the vills , as anciently , consisting of clusters of inhabitants . but if any man grew wealthy , he loved to live by himself in some castle , or large seat which he might build abroad in the country . such look'd upon themselves to be too great to give sureties for their good behaviour , as those that liv'd in clusters did : and by the time of edw. the first chivalers and their children , ( and i take it , every considerable free-holder , was a chivaler or gentleman , ) were exempted from the law of franck-pledges . doubtless every one of these , as the possessionati in poland , came to the general councils in person . as the lands were further improved , and a free increase of natures stores made men luxurious , great men put themselves into straits , and were often obliged to sell their inheritances , and to manumit their servants , or release servile tenures , and the off-spring of these who themselves were cheorls or pesants , were , according to the saxon law , which probably enough continued long after the norman's acquisition , enobled , or became gentlemen by the descent of five hides of land to the third or fourth generation . thus , together with the divisions of lands amongst the several children of great proprietors , and subdivisions downwards , as the families branch'd out , the numbers of free-holders became by king iohn's time little less than infinite , tota regni nobilitas quasi sub numero non cadebat . and this sort of nobility , for the most part to be sure , look'd upon themselves to be above citizens , or burgers , and scorn'd to be within frank-pledges , and be bound with sureties to their good behaviour . ( which dr. brady tells us ( and rightly enough , if he speak of the time of edw. . ) was only for the ordinary free-men , or the bulk and multitude of the free-men , or small free-holders . ) all that look'd upon themselves as gentlemen , at the least , were without any manner of representation ; and wherever they were interested , appeared in person , and sometimes in very disorderly multitudes . some sensible of the inconvenience of it , and expence and trouble to themselves , of their free choice became incorporated by charter as aforesaid , being either the kings tenants , or some inferiour lords , or it may be the tenants of several mannors joining together , and their coming to parliament , or as the burrough of st. alban's pleads , pro omnibus serviciis faciendis , was a consequent upon their incorporation . free-hold , i take it was the occasion of all this , though afterwards traders might be admitted to priviledges amongst them . the traders and free-holders within cities or boroughs sent their delegates ; whilst here , as in poland , the possessionati , men living upon their lands in the counties , came to the general councils in their own persons . thus it was here till the th of h. the d , as i think the authorities formerly insisted on by mr. petyt in behalf of the citizens , and burgesses , and by me for the possessionati in the counties , sufficiently warrant . wherefore the alteration which was made in the government in the th of h. the d. if any were then made , was the calling out some of these proprietors , earones comitatus , to come in their own persons , and putting a representation upon the rest , which was most likely to be done by the perswasion and influence of the king , though with the consent of the people ; and therefore i must say , 't is most probable that what is by mr. cambden's author transmitted to us , as done a little before the death of h. the d , must have been some years af-the th , and the kings victory at evesham over the great barons , whom he curb'd by the less , the commons ; which prevail'd on his side , by whose assistance he depriv'd many great men of a judicial power in parliament , and of the right to special summons , while the commons had their power preserved in their representatives , they were all interested in the legislature as before . but all the great barons had not their former interest in the supream judicature , and yet this variation in respect of the great lords , was no change of the outward frame of the government , but only a diminution of the priviledges of some particular men. and though the bringing in representations , where no representations were before , altered the frame , and appearance of the government ; yet it did not the constitution and fundamental interest of proprietors of land , with whom the ballance of power has ever been in this nation ; the foundation is and was the same , like the same soul animating the same body , when 't is greater , and when by reason of tumults and seditions , as we may call them , in the spirits , 't is wasted from its corpulency , and thereby often brought to a more assured state of health than ever before . this more healthful state in a contracted body of proprietors of land , i yeild to have been setled in the reign of h. the d. it happening that there were writs to that purpose , just in the th 't is concluded that then it was first begun ; whereas by the same argument 't was in the th , when two for every county were summoned to parliament vice omnium & singulorum . but if i should confine my self to authorities within the time of the first edward , immediate successor to h. the d , i doubt not but there were enough to satisfy any unbyass'd reader , that the commons , such as are now represented by knights , citizens and burgesses , had before the th of h. the d , shares or votes in making of laws for the government of the kingdom , and had communication in affairs of state , otherwise then as represented by the tenants in capite , notwithstanding dr. brady's affirmation to the contrary . in the th of e. . the earls , barons , knights , and others of the kingdom , which others was then , and afterwards , meant of the commons of the cities and boroughs , gave a subsidy , sicut aliàs nobis & progenitoribus nostris regibus angliae . and sure hen. the d could be but one progenitor , so that the farones minores , the free-holders of land , ( which ever since the th , or some other year of hen. the ds reign , were represented by the knights of the counties , ( who were not in those times to be sure confined to knights by tenure or dubbing ) and the commons of cities , and burroughs , at the least from within the reign of king john , to whom hen. the d. immediately succeeded , were members of parliament , being parties to grants there made . and omitting the prescription of the burrough of st. albanes from within the time of the progenitors of edward the first , to use but one authority not mentioned in either of my tracts . in the of e. . the knights , citizens , and burgesses had been summoned to the parliament at westminster ; nobiscum de diversis negotiis nos & populum regni specialiter tangentibus tractatur : and writs issued out for their reasonable expences , prout aliis consuevit in casu consimili . . upon which 't is observable , that de quibusdam arduis , which is now in use in the writs of summons , ought not to be restrained to a few great matters , but extends to divers , according to the different natures of matters brought before , or appearing to them . . that the commons had not only an assent without power of dissenting ; but they were to treat as well as the peers . ( . ) that their coming was not a new thing then , as if begun but years ago , in the th of h. . but it was of custom , and legal prescription , so far that it laid an obligation upon the subject to contribute to these expences ; and surely an usage of years would not be a sufficient charge in law. . that though there is no evidence that representations for counties were settled before the th of hen. . yet the freeholders were often at parliament by representation , and thence there was ground in reason to occasion the custom that they should bear the charges of them that they chose : nay , if there were no actual choice , there was tacit consent , ( from which custom may arise ) that those who were willing , and at leisure to be at council , should answer for , and have contributions from the rest . but let both dr. brady and mr. hunt consider the precedents above mentioned , of coventry , and bridgwater , which did not hold of the king , and yet sent burgesses to parliament ; and let them give a categorical answer , whether they believe that the majores barones regni , and omnes alij holding in capite , mentioned in king john's charter , made the parliament till the th of h. . this i think may be enough to satisfy any reasonable man , that the government was the same before the th of h. . that 't was after , and that it had not its rise from rebellion , nor yet from conquest , or usurpation ; but from a consent binding on both sides . and thus i have shewn ( which mr. hunt does not ) that our government exactly answers his rule or idea of a lawful government , which he says , is the representative of the people in what they are to be governed by it , and by their consent to it●… , in the first erecting thereof they do trust their governours with the rule and order of their lives and estates , &c. but , . he puts such matter in issue , for asserting the present government , as can never be maintained . that william the first made no conquest of england , and that the interest of the commons in parliament did not begin by rebellion in the th of h. . have been thought good mediums to settle the foundations of our government . mr. hunt indeed looks upon all labours to this purpose as impertinent : but this he says is certain , that whatever thing of government is introduced by the consent of the prince , and that aleration assented to and embraced , avow'd , and own'd by every man of the community , by actions , and other open declarations of a full consent ; and this continued for centuries of years , and in all that time applauded , and found agreeable to the interest of the prince , and people , and the old government abolish'd and impracticable , the very matter of it ceasing , and it become a thing impossible , as well as not desirable to restore it . i say , whatever constitution is thus introduced , and establish'd , is as unmoveable as unalterable , ( or no government is ) as if it had been ever so . wherefore , to shew that our government was so introduced and establish'd , that it ought not to be altered , according to him , we must prove every one of these following particulars . . that admitting a conquest , and that the commons came into parliament . by rebelling against the heir of the conqueror ; yet theywere introduced by the legal consent of the prince . . that this constitution was assented to , and embraced , avowid , and own'd by every man in the community , by actions , and other open declarations of a full consent . . that for centuries of years this has constantly been applauded , and found agreeable to the interest of prince and people . . that though there were a conquest , yet the right of conquest is abolished . . that the exercise of a government according to such a right , is become impracticable , impossible , and not desirable by any . . that the very matter of it ceases . i may well without further inlarging , conclude this head with his own words . if our government must take its fate upon such issues as these , i am sure we shall not long hold it . dly . but then he yields so much of the fact put in issue by me , as sets aside the foundation of his whole post-script ; and yet admit he answers all objections against his post-script , the grounds which i go upon are of the most general use. that there was an absolute conquest of the nation by william the first , and that he admitted none to any shares in the government , but such as derived their interest from his bounty , is contended for by many , tanquam pro aris & focis . and tho the history of king william the first his entring upon the government , is very strong against them , and may be the first thing considerable : yet from the supposition that the tenants in chief , such as were the suitors at the curia , made the parliament , where the absolute government of the nation was plac'd , they very strongly may infer a conquest . whereas the proof of the difference of the curia regis , and the concilium pambritannicum , or parliament , shews that all the pretence of conquest is out of doors , and consequently the government is such , as now it is by free consent on all sides ; not founded on usurpation upon the rights of any , nor is there the least pretence of unsettling what , as the great fortescue observes , has not chang'd with the people , or rulers . admit a conquest , and the inheritance which every one claims in the laws will be maintainable only as a naked right , and naked rights are thin and metaphysical notions , which few are masters or judges of . but conquest , or no conquest , a government derived from the pleasure of one , or consented to by all , are questions which any ordinary capacity is able to judg of , when the testimonies rely'd on by both sides are laid before them . and though matters depending upon testimony , are not capable of demonstration , so far as they depend upon that ; yet where testimonies are made use of for the laying a foundation , upon which some metaphysical notions of right are built ; it is possible to demonstrate that the testimonies will not serve the purpose for which they are brought , but are clearly on the otherside . and it that be done , it wholly silences the dispute , better than mr. hunt's scheme of probabilities , or his metaphysical , nay , or physical notions of the right of fatherhood . if therefore it be shewn that there is not the least shadow for pretence of a conquest , or that only such as derived what they had from the bounty of the prince , were interested in the government and legislature , certainly the whole frame of consequences built upon such supposition easily falls to the ground . i appeal to the world , whether what mr. hunt thought fit to say for the preventing the world's being troubled with such impertinent labours , and to divert those that thus employ themselves to undertakings more useful to the publick , can be of such a general use and satisfaction , as the destroying those foundations which are laid for a government not known to our laws , nor own'd in our so well constituted , and so ancient frame , the admittance of which , would root up the very foundations . he says our government was always materially the same . when according to him 't was neither materially nor formally the same it is now . whereas this labour which he explodes , shews that 't was always both materially and formally the same , and therefore unalterable . if there were a conquest , that conquest establish'd a government , or it did not . if it establish'd a government , then , according to him , no following consent , even of the conqueror , can divest him of any part of that right which was given by the conquest . for upon the bishops account , he tells us , they cannot be detruded from that place they bear in the constitution of the government , for that no government can be legally , or by any lawful power , changed , but must remain for ever , once establish'd ; and it can be no less than treason of state to attempt a change : no authority in the world is competent to make any alteration . if it be said , this is contrary to the post-script , which affirms , that nothing can be the concerns of men united in any polity , but may be govern'd and ordered by the laws of their legislature for their good ; at least this shews how in matters of notion , and naked rights , great wits may not only differ from others , but from themselves . but let us give the argument raised from conquest , its full weight , and see whether mr. hunt maintains our present establishment upon clearer grounds than they do who search antiquity about the point . the absolute power and government of the nation , was by the right of conquest setled in william the first and his heirs : this being so , could not be parted with . for it must be either voluntarily , or by compulsion : for the first , sir robert filmer will tell you , no man can bind himself in a matter depending of his own will , there can be no obligation which taketh state from the meer will of him that bindeth himself . if by compulsion , then they will tell you for the same causes that a private man may be relieved from his unjust and unreasonable promise , as that it was so grievous ; or , for he was by deceit or fraud circumvented , or induced thereunto by terrour or force , or just fear , or by some great hurt ; even for the same causes the prince or princes may be restor'd in that which toucheth the diminishing of his or their majesty . if it be said , that this would as well hold in relation to the peoples parting with that right which was once in them : they will tell you that no government can be exercised but monarchy ; that no other government is owned by god almighty , in the new , or old testament , but monarchy : that while god's people were without a king in israel , there was confusion , and anarchy . if adam was no monarch , at least god himself was , and 't was a theocracy . and therefore admit paternal power was not monarchical , yet a man might as well seize upon a people without a government , as upon a piece of land unoccupied . and when once he became conqueror , he was let into a divine right of ordering arbitrarily all things within that district , and could not depart from it . and though every monarch was not absolute , ( for the jewish kings were not ) yet every monarch by conquest must needs be so , being received without any conditions , or limitations . now mr. hunt himself , going chiefly to shew that paternal power was not , as such , absolute , does not answer this hypothesis , and the examination of it depends upon such searches into the bottom of things and the shewing them naked in their metaphysical existences , that very few men can judg of the controversy , at least not so many , as may , of the meaning of writers and records carefully compared together , and in many places freed from all possible ambiguity ; but still the more ambiguous they are , the more evidently will they overthrow all those pretences upon which these notions are built . for if the records and histories give such doubtful responses , as mr. hunt imagines , then indeed we must look only to the present government . whereas if dr. brady , and his friends , could shew those ancient authorities to be plainly on their side , they would have many that would improve their notion of the house of commons their beginning by rebellion , into an argument that they ought to be cast off as usurpers upon the divine right of the conqueror . or at least , yeild but that one point of the conquest , they will tell you agreeably to mr. hunt's assertion , that a government by conquest is unalterable by any lawful power ; and , as that is wholly different from a government by consent , whatever implies , or admits of the consent of subjects to the passing any law , is contrary to the fundamentals of the government , and is like a superstructure of hay and stubble , whi●…h ought to be consumed . others will tell you that the most free concessions of a conquering prince , or one claiming under that title , and not departing with his dominion , can no more oblige himself or his successors in any thing that may restrain his soveraign will and pleasure , than a man can depart with the freedom of his will. and the most seeming restraints can be no more than temporary provisions , or ordinary methods of ruling , which the prince as he found occasion might remove , notwithstanding the strictest clauses of perpetuity , they being of like interpretation with such passages as related to the continuance of the jewish law , or oeconomy , which was to have no place in the new heavens , and new earth . but if they should yeild that all grants and charters , &c. are binding to the prince who made them ; yet sir robert filmer tells us expresly ; the laws , ordinances , letters , patents , priviledges , and grants of princes , have no force but during their life , if they be not ratified by the express consent , or at least by the sufferance of the prince following , who had knowledg thereof . these notions have more favourers perhaps , than there are men of judgment or honesty enough to shew the weakness of them . nor has mr. hunt , that i know of , directly encountred them with his two-edg'd weapon ; but if the supposed fact which they are built upon , be prov'd to be no more than supposition , all the most specious superstructures are but castles in the air , which vanish like smoak . ¶ inter communia brevia de termino michaelis , anno . edw●… . ex pacte eorundem hominum . regi est ostensum quod cum uilla praedicta civitas , burgus , seu dominicum regis , non erictat , ut homin●… uill●… predicte tanquam cives , burgenses , seu tenentes de domino regis in al●…quibus auxilus , 〈◊〉 seu contributionil us regi , seu progenitoril us suis concessis taxari consueberunt , seu talliari , sed tantum cum communitate co●… war : taxatores tamen & collectores xxx & xx in 〈◊〉 praedicto homines praedictos tanquam burgenses tarari & xxx de bonis & rebus suis ad opus regis levare nituntur , in ipsorum hominum ●…ampnum nori medicum , & gravamen , & depa●…perationem manifem . et quià rex non vult quod iidem homines indebi è pregraventur in lâc parte ●…andat 〈◊〉 quod scruta●… . rotulis & memorandis de consimilil us ●…enibus factis in uill●… prae●…â tam tempore regis , quam proge●…orum suorum praedictorum , & si eis constare poterit evidenter quod praedicta willa de covent●… , non si●… civitas , burgus , aut manerium de antiquo dominico corone regis , ut praedictum est , & quod dicti homines simul cum aliis extra civitates burgos , & maneria praedicta manentes ad hu●…usmodi prestationem regi faciendam ●…ari debeant , & semper ha●…enus ta●…ri con●…ueverunt , tunc ipsos homines ad prestationem regi ratione praedictae concessionis de xxx regi ratione faciendum per praedictos tatatores & collectores distringi non permittant , aliter quam totis temporibus retroactis in hujusmodi casu fieri consuevit . teste rege apud lancetost . . die octobris , . finis . errata . page . line . in marg. read true way . p. . l. . r. bannerets . ib. l. . r. banneret . p. . l. . r. st. p. . l. . r. ingenuously , so p. . l. . p. . l. after the word barony add in the margine , viz. ecclesiastical persons . p. . or . t l. . r. done . p. . v l. . r. counsel . so l. . ib. p. . x l. . r. permixtim , p. . x l. . r. de tout le , &c. p. . l. . r. taken . other literal mistakes the reader is desired to correct with his pen. a table of the principal contents . the number of the page being often mistaken , through the printers false counting to one another , the reader is desired , where the figures are wrong , to observe the letter which begins the sheet . a page . abby of molross , o , absence of the bishops , not merely from the canon-law , , n , adam de orlton's case , r , t agitare judicium sanguinis prohibited , h , and n , allusion made by the questionist not solid , appeal to rome no capital crime antiently m appeal of earl godwin , q appeals in trial , v , , appellation ought to be governed by the right , s apostles their rule , p. , how far their practice to be urged for example now , apostolick canons against clergy-men their medling in secular affairs , p , arch-bishop stratford's case , t , , arundel earl , his case , o assemby at northampton , no parliament , p. , , . matters carried there in great heat , and no iudgment of treason given , m , attainders what they are , , augustine st. his opinion , , b. barons , how made enobled in blood , and how made , , to barons by blood and by tenure , different , , , barones majores who , , z , barones minores who , , barons peer who , , , , barones regis who , , z , to barones regni who , ibid. baronagium , and how comprehensive , , p , , y , s becket not impeached of treason , from to , and from to n berkeley , sir tho. his case , , , v blesensis his words marked , , , , , , r bishops , whether they sit in parliament by vertue of any baronies , p. , , and how , &c. t , or bishops not barons , , , , , , bishops , how they sate with the earls , , , , p bishops service and tenure a burthen , , , their tenure offects not their persons , bishops if a third estate , not capable to try a peer , bishops the form of their writs no argument of their power , , , when present , always exprest that they were , bishops medling in secular affairs forbidden , , , p . their opposition to the king at clarendon , and from what cause , bishops power clipt at clarendon , , o when to go away in criminal cases , , , even in acts of parliament , r bishops absence not merely from the canons , , , n , , , n o bishops protestation , p. , , , translated and explained , , , and n to bishops not reckoned nobles , t , or not called lords till the time of rich. ii. bishop of norwich his case , bishop of carlile tried by a common iury , t so bishop of ely , , ibid. bishops absence no error , bishops had no right to be present in the debate , and handling matters of blood , bishops not comprehended under the name of peers or grands , if put after earls and barons , , , to , bishops , if others named , always named where they are present , , , , and that before others , r bishops not peers to temporal lords , , to , s bishops sit in respect of temporal possessions yet in the quality of spiritual persons , t or , and s bishops cannot sit in a double capacity , s , , & t bishops contended to be tried by their own order , t , or , whence their pretence of immunity proceeded bishops to be tried by common iuries t to bishops their equivocation , bishops messengers of peace , v bishops chief employment to make peace in civil affairs , antiently counsellours not iudges , p. , , their refusing to give advice about keeping the peace , , , , and r bishops but part of a third estate , , to , and , , , s bishops in france never sit in that chamber of parliament , which tries capital cases , bishops never absent not prov'd , q bishops no where allowed to sit inquisitors of blood , v bishops not summoned to parliament several times q bishops a question , whether they might be even of a committee in matters of blood , v boeges de bayon's case , , brady dr. his assertions and fancies condemned pref. to the d part , and p. in marg. v , x , a a , , , , burroughs and burgesses , z , c. cambridg earl , canons forbidding of clergy-men to meddle in capital causes still in force , , , and p , to canons concerning blood as anciently in england , as the conquest and part of the common law , n , capitalis justiciarius angliae , what office , , capitalia placita , what , q. , , chancellour when no peer , how tried , t , charter of king john , the author's interpretation of it asserted against dr. brady , x , , against mr. hunt , z , to clarendon the meeting there a parliament , clarendon , and the parliament there considered , , , & clarendon earl , his arguments against the pretended conquest , a a , to chivaler who , b b clergy subjected to baron-service , , clergy their power in primitive-times , their power in other nations , clerus never taken for the bishops alone , commons and commonalty of the kingdom , where records and histories manifestly shew their presence at parliament before hen. ●… x , to y ●… commons their vote in danby's case , o , commons sometimes meant by grands , r , s , & , d part , anciently had their share in judicature , r , , commons always members of parliament , o s●… together with the lords in the times of hen. i : and king stephen , x and long afterwards , o , , mr. w's grounds for the belief , that they had no right to come to parliament till h. . answered , and turned against him , x , to y ; so mr. hunt's p. , , , y , and to a a commons their petition , r. . p. . and o , community of names no argument of right , s concordia e. . , r conquest disclaimed by william the first , , a a , no conquest , , to a a wherefore the point of conquest examined and what improvement , is made of the admittance of it , to constitutions of clarendon expounded , and the bishops wings clipt there , , to convocation of the clergy , , , , , s corporations , an account of them , and of their ancient interest in parliament , , to , d part coventry , its first representation in parliament , b b crimes some that did laedere majestatem regiam not capital , , in marg ▪ curia regis , of various acceptation , curia regis how far mr. w. and mr. hunt agree with the author against dr. brady , as to its being distinct from the general council of the nation v objection against them where their notion of it differs from the authors , particular objections against mr. w's notion of it , , & x mr. hunt's mistake about it , to y d. danby's plea , o demeasn , the kings of england never had all the lands of the kingdom in demeasn , d part , p. , to dictare sententiam , how understood , n doctor oates vndicated , p doctor standish his case , , & s e. earls and barons are the peers of the realm , , , , r. earls and barons consiliarij nati , earl of arundel's case o earl of hereford and glocester their case , t , v earl godwin his appeal , q earl of northumberland , , , & r , earl of salisbury , kent , huntington , their case , ellis william's case , errors none by the bishops absence , estate bishops , but part of a d estate , to exegetical where words used exegetically , x explication of several words , quosque judicium pervenior , , exposition of words according to the standing , , to , , x , to y and q , f. ferrer's sir ralph's case , fitstephen's authority examined , fortescu●… his authority , b b form of writs no proof of right franck-pledges at a great council of the kingdom , and who within them , b b , , , , g. gentlemen how became so , c c glocester earl , and hereford their case , t , and v godwin earl his appeal , q gomentez and weston their cases , grants , where the bishops not comprehended under that word , itsextent , , s , , government the same before h. . as since , d part , , to gurney thomas h. haxy thomas his case ; henry hotspur's case , s , , huntington's earl case , , s hunt mr. the censure of his book , pref. to the second treatise , his wrong translation of non licet , in mar . his mistakes y , &c. reasons why he might have spared his censures , y , i. impeachment when by the commons , the lords obliged to to try a commoner , interesse ubi judicium sanguinis tractatur vel exercetur prohibited , john imperial's case , , r irregularity , p , , judicial power in capital cases denied the bishops in the northern kingdoms . judicial power denied them here by canon , common and statute law , vid. bishops absence not meerly from the canons . judgments in which the bishops had share , judicium a word of various acceptations , judgments alledged to be void for the absence of the bishops , , , o judgments in parliament and the curia regis how reconciled , general pref. v fin . k. kent earl , s king cannot make an estate , , king stephen's grants reversed at clarendon , , king rich. ii. undecently reflected on , o l. lawyers confessedly differ from the questionist as to the trial of bishops , t , and v laws made upon a dubious title good , , p to laws concerning the matter and manner of their making , , lay-men used to meet with the clergy in their councils , lee sir john's case , legislative power in capital matters allowed to bishops , yet no judicial power inferred , gen. pref. , , , and even that an abuse crept in since hen. viii . london a corporation at the common law b b lord latimer , lions , richard , &c. lords of parliament lords temporal expresly named in the record as sole iudges , , , and r , s m. manucaptors , b b march earl , mautraver's case , , , , s , , ibid. modus tenendi parl. its antiquity , molross the abby its case , and the authority of that book answered , g , mortimer sir iohn's case whether judg'd by act of parliament , , to , r mortimer roger's case , and r n. names equivocal no good argument from thence , p nevel lord , nobilitas major , how made , bishops no part of such nobility , s northumberland earl , r , , , o. oats dr. vindicated , p objections from reason against mr. w. and mr. hunt , where they differ from the autthor's notion of the curia regis , d part , , ocle william , old-castle sir john , old modus its antiquity , omnipotency and the bishop's affectation of it , in what sense understood by lord h. orlton's case , r p. pardons made revocable at pleasure , o parliament when the word first in use , parliament at clarendon , peace , of the bishops refusing to give counsel about it , , , r , percy henry's case , peers of the realm who , , pessimae consuetudines what , , petrus blessensis his testimony , , , , , , r plain dealing , plea of the earl of danby , o pool william duke of suffolk , , t pool michael's case , , , r presidents urged against lord hollis make for him proctors or proxies why the bishops desire to make them , concerning their making them , , , , , b , , , proprietors of land as such , their interest in the great council of the kingdom , y , and b b , to protestations of the lord hollis his sincerity , protestation made by the bishops , , r , , , , , , , and o , to protestations in the names of the lords spiritual and temporal , , protomartyr , q. question concerning the bishops stated , , r. recapitulation of arguments against the bishops being iudges in case of blood , n again more fully . p , . q . s rickhil , sir william's case . reflections upon r. the d . undecent . o regradation of peers . v s. salisbury earl's case . sautree william's case . scheme of the government as it anciently stood , and now stands . b b to scripture against the bishops their medling in secular affairs . scroop lord. segrave's case . , , and q , . t seniores populi , who meant by them . , sinister ends in the parliament , r. . o spencer's their case . o , . and q standish his case . and s statute . ed. ist. c. . and . ed. . forbidding churchmen to take cognizance of matters of blood. , , . and statute of clarendon a binding law and only affirmative of the old law. statute of westminster anno , forbidding all persons in holy orders judicium sanguinis agitare . , , stephen bishop of london tryed by a common iury. stephen king his charter to the clergy . stratford arch-bishop his case . t succession to the crown . to p suffolk duke his case . , . s , t. talbot lord his case . s temporal lords sole iudges of peers . r . s tenants in capite more than they members of parliament before th h. d. yeilded in effect by mr. hunt. to . d. part. tenure in capite created . a a tenure in capite mr. hunt's mistakes about it . to a a tenure by barony inferred no more than a minor baron . thorp sir william . titles vid. succession to the crown . treason declared by the iudges in parliament . r trial of bishops by a common iury. , t , trials in appeals and the reason thereof v , , u. utriusque ordinis consensus explained . t , w. waver of peerage . t , westminster the council there forbiding churchmen to meddle in matters of blood , , notes, typically marginal, from the original text notes for div a -e cicero de senectute . ult . edit . tom . . f. . jani angl. facies nova , p. . habet rex curiam suam in concilio suo in parliamentis suis ubi terminatae sunt dubitationes judiciorum , & novis injuriis emersis nova constituuntur remedia , & unicuique justitia prout meruerit , retribuetur ibidem , fleta lib. . cap. . the passage relating to the constituting new remedies must needs here relate to the power of the magnum concilium , or curia in making ordinances . vid. jus angl. ab antiquo . addit . p. . ib. p. . jan. angl. p. , , . jan. angl. &c. p. . ib. p. . ib. p. . mr. hunt's argument , p. . vid. p. . & to . vid. p. to , & to . dr. stillingfleet says , the king insisted on the receiving the ancient customes of clarendon . answer to cressy's apol. p. . this received over all the western church . burnet's history of the reformation . f. . mr. hunt's arg p. . jan. angl. facies nova , à p. . to . vid. p. , , , &c. notes for div a -e page . page . page . pag. , and pag. , &c. page . page . notes for div a -e gr. qu. p. . seld. tit. hon . p. . i edit fol. edw. . seld. tit. hon. pag. . mat par. p . ult . ed. ad id temporis . mr. hunt thinks that the tenure made them barons , and that tenure and barronies were coincident . seld tit. hon. p. . and . a this i take to be the only true of enobling any body as to the nobilitas major . seld. tit. hon. par . . cap. . cir . finem . vid. els 〈◊〉 p. . b see mr. seld. jans angl. facies altera ult . edit . p. . seld. tit. hon. pag. . dugd. baron . c query , whether this summons gave him other title than a minor baron . edw. . rich. . rich. . vid. cot. post. ●…ls . edit . pag. . seld. tit. hon. pag. . part . c. . fitstep . c. . matth. paris , anno . hakewell pag. . p●…in . , &c. seld. tit. hon. part . p. cook 's iuris . of courts . hakew. mod. p. . dan. cron. anno . rights of the crown , p. . cook 's preface to his th report sets it out at large . fitst . cap. , col . . seld. tit. hon. cap. . pag. . d n. b. their calling themselves barons , did not make them such who were at first summoned ratione episcopalis dignitatis . e vid. rot. fin. . h. . me . . . e. . funivals c. . e. . nevils c. pet. blesens . yy . . edit . in quarto , or some lines before , see after p. , and p. . b ] wrongfully or contrary to the true use . kelway , fol. . saith , that the convocation is not a part of the higher house , neither the bishops any part of it , but sit there as they have temporal baronies . but he doth not say the convocation is not one estate , or part of the parliament , which however , is but the opinion of a serjeant at law. dr. heylin's stumbling-block . prin. fourth p. kal. p. , . gr. q. p. 〈◊〉 . gr. q. p. . els. p. 〈◊〉 . gr. q. p. . hist. coll. part . . pag. . gr. q. p. . vid. dan. p. . . baker p. . & . gr. q. p. . n. b. here he makes the whole clergy to be one of the three estates . il nipotismo de roma . p. . pad . paolo de materie ecclesiastiche . our bishops rights . pag. . spel. glos. verb. cap. justic. co. . inst. p. . seld. tit . hon . part . p. . what dr. bradies fancy is in that particular , let him make good , if he can . coo. cawdreys case . twysden's vind. of schism . in a parliament held at oxford , anno . he grants by his charter , under his hand , that all persons and causes ecclesiastical , should appertain only to ecclesiastical judges . hon. of the lords . p. . laws of edg. ch . . coo. mag. cha. p. . rejoin . p. . jour . of ●…arl p. . bishops rights . p. . . gr. q. p. . gr. q. p. . petit ▪ pr. p. . ger. dorob . p. . 〈◊〉 e. . gr. q. p. . gr. q. p. . seld. tit . hon . p. . gr. q. p. . hoveden f. . ger. dorob . fo . . an. . non licet ought not to be translated , it is not convenient as mr. hunt would have it , and never hath that signification but when a law intervenes , which makes it as well unlawful as inconvenient ; for , every law makes the breach of it inconvenient . linw. lib. . tit . . ne qui cler. vid. treat . of the nobil . pag. . supposed to be by doddridg . seld. tit . hon . p . cook inst. pag. . hakewell mod pa. . adsint . fitz. cap. . col . . co. ma. ch. p. . gr. q. p. . gr. q. p. . that edition in q●… 〈◊〉 〈◊〉 . 〈◊〉 certainly the best , the latter ones being printed from that copy . pet. bl●…n . y y . the critically learned mr. hunt , in his undigested lump , instead of a methodical discourse , pag. ●… . endeavours to cure the ignorance of his readers , by telling them , that by principes sacerdotum & seniores populi , the bishops are only meant ; who from the dignity and worthiness of their order , are called seniores , a note of dignity , in all countries . he should have done well to have added q●…m principes sacerdotum , & s●…es populi , as the first and best edition of petrus blesensis hath it . that senior is a name of honour , he might have learn'd at school : but that the chief priests and the elders often m●…ned in scripture were the same ●…ns , he hath taught no body nor learnt himself ; and certainly the addition of populus will do him little service . but this author would be an excellent man , were he as good at proving as propounding . vide before p. . and after p. . mortes & truncationes melius ut videtur . ian. angl. fa. nov . pag. . . n. b. nothing urged by mr. hurt , p. . does prove that meeting a parliament , but such a council as was free for the king to call , of such persons as he pleased . i am sure here are neither abbots nor commons summoned . i presume this author never read fitz-stephens , whose words are considentibus , not consulentibus episcopis . we have seen such a concilium magnum at york , called by king charles the first . arguitur i conceive doth more properly ●…gnifie to induce or argue a thing to be so , as well as to blame or accuse , and is more properly applyed to arguments or disceptations . fitz. cap. . col . . n. b. in those times , treason in common speech was a general name for all offences the king thought did ledere majestatem regiam , till afterward the matter was better explained in e. . vid. jani anglor . facies nova , p. . fitz. cap. . co . . these milites i conceive might be such as held in capite , and were sometime called baronets or barones minores . curia regis was here the kings council then summoned . manuum depressio , i take to be submission . gr. q. p. . mat. paris anno . pa. . seld. pr. bar. cap. . pag. . gr. q. p. . cook inst. . seld. ubi supra . gr. q. p. gr. q. p. . ger. dor. an. . legis vigorem habeat quicquid de consilio & de consensu magn. & reipubl . communi sponsione authoritate regis sive principis praecedente juste fuerit definitum & approbatum . vid bracton lib. . cap. . gr. q. p. . n. b. who were these others ? gr. q. p. . mr. hunt tells you , p. . that if this be a law it is a law only for that case . 't is true , the protestation , as such , was personal to them but the canons i hope that put them upon a non licet and de jure non possumus were not personal also ; for here is a prohibition , both by the canon , common and statute law. gr. q. p. . gr. q. p. , , &c. gr. q. p. . gr. q. p. . gr. q. p. . gr. q. p. . gr. q. p. . 〈◊〉 e . ●… . h. . no. . inter petit conn●… , and many others . co. inst. pag. . iourn . of parl. pag. . and . co. . inst. pag. . seld. priv. bar. p. . hon. of bishops , p. . els. mod. p. . seld. pr. o●… bar. p. . petit's anc . rights . p. . prin's calender . p. . and . coo. . inst. cap. . p. . vid. rot. claus. e. . m. . dorso . audley's case judic . per prelatos comites barones , & totam communitatem regni . yet no act. vid. hic p. . vid. etiam rot. parl. . ed. . n. . & . cottoni posth . f. . eliz. burgh's case . seld. tit . hon . p. . ger. tilb. fitz. mat. paris . whether this was meant of a parliament or other council , not material to this point , the reason being the same as to meeting upon summons to the one or t'other . hakewell . pa. . r. . memb . . n. b. 't is plain , by clergy here was more meant than the bishops only ; for the abbots were reckoned as part of the clergy , i suppose . gr. q. p. . sir william dromond 's life of iames the fourth . pag. . ult . edit . in octavo . discourse . pag. . gr. q. p. . gr. q. p. . see sir hen. wotton's interest of the princes of christend . this question touched upon . gr. q. p. . spel. coun. tom . . p. . con. tol. can. . lamb. laws edgar . cap. . gr. q. p. . see the provisos in the acts. h. . cap. . co. lib. . b. gr. q. p. . gr. q. p. . whitgift was then arch-bishop . cambd. an. anno . and baker , . rush. hist. col. part p. . baker . pag. . gr. q. p. . rush. hist. coll. part . pag. . rush. com . . app. p. . gr. q. p. . journ . of parl. pag. . vid. hakewell mod . p. . gr. q. p. . quaere what that word then meant . gr. q. p. . gr. q. p. . spel. gloss. word comes . p. . . gr. q. p. . gr. q. p. . lett. . p. . gr. q. p. . pla. parl. ed. . a this consilium regis i take to be that steddy counsel that always attended the king at his parliament , though perhaps not always members . see coo. . rep. arch. cant. case . divers cases to that purpose . gr. q. p. . gr. q. p. . gr. q. p. . gr. q. p. . see before p. . in the edition in quarto . pet. bles. 〈◊〉 . edit . p. . col . , . in fol. idem p. . col . . cot. p. . e. . m. . rot. parl. . e. . n. . e . ubi supra . n. b. cotton abridg. counts and barons by lords , as 〈◊〉 often does . gr. qu. p. . gr. qu. p. . cot. p. . rot. claus. e. . m. . pro episc. hereford . gr. qu. p. . * n. b. the king 's going to the holy land was then in debate , touching which , the bishops might well consult . matth. paris p. . magnates comprehendit comes , baro , miles , seu aliqua alia notabiles persona : vid. mr. petyt , p. , , . n. b. the abridger often translates counts and barons in the record by the name of lords , only because when the bishops were meant lords spiritual , or some word equivalent was expressed . rush. hist. col. part . p. . gr. qu. p. . n. b. though there were no particular impeachment against weston and gomenes by the commons , yet the general one being the delivering forts and castles , was treason ; at the examination of which , the prelates ought to be absent . vid. gr. qu. p. . gr. qu. p. . rot. proces in parl. gr. qu. p. . gr. qu. p. . see before p. . the records there cited , matth. paris anno . rot. cl . . e. . m. . in dorso . edw. . gr. qu , p. . see before p. . n. b. the iudgment may well be given after the parties are dead , an hundred examples may be given , where their bones have bin burned , their bodies hanged , &c. contrary to what mr. hunt thinks . h. . n. edw. . h. . n. . to . gr. qu. p. . h. . n. . viz. the fact was not by their advice , which they desired to have entred . gr. qu. p. . gr. qu : p. . gr. qu. p. . h. . p. . grand quest. p. . vid. dier fol. . cromp. jurisd . courts , p. . grand quest. p. . stanf lib. . cap. . cook. d instit. ●…ol . . seld. priv. of bar. p. . and others . gr. q. p. . gr. qu p. . ridley , p. . gr. qu. p. . walling . p. . baker p. ●… dan. p. an . seld. pri . bar. p. . gr. qu. p. . gr. qu. p. . . e. . n. gr. qu. p. . gr. qu : p. . edw : : a n. b. the submission of the matter to the k. without any exception by the lords , makes the king sole iudg , and so the case can no longer go on in any parliamentary way . b the reason i conceive why the reference to the king , was made by them both , was because no proceedings could be in parliament , in regard the v●… ▪ dict was n●… returned upon oath , and so in it self null : disc. of peerage , p. . gr. qu. p. . gr. qu. p. . gr. qu. p. . gr qu. p. ●… . gr. qu. p. . gr. qu. p. . cook inst p. . e . n. , . milites . e. . n. . cotton . notes for div a -e antid . brittan . p. . mr. hunt , p. . hunt , p. . & . dr. brady against jani angl. &c. p. . c : . a ant. brit. p. . b mr hunt , p. . mr. hunt , p. . the king 's ordi●…ry setl●…d n●… established court , was a different shing from the confluence of ba●…ons and tenents in capite at those thre great feasts , which were set and appointed times for great and general councils if there were an appearance sufficient . brady against jani anglorum , &c. pag. . dr brady against jani angl. p. . vid. . instit. f. : b : escuage nest . q. penalty pu●… non se sans de service de chivaler , bruertons c. . rep. f. . a. ant. brit. p. ibid. p. . ant. brit. p. anti brit. p. . rot. pat. . h. . infra p. . rot. pat. . h . the original record is not now to be found , but i have seen an abridgment of it , done by mr. selden . mr. w. his second argument considered . pol. vir. lib. . fol. . h. . rolls fol. . ead. lib. . f. . spelm. co●…c . vol. . f. . cron. eliense . vid. jus angl. p. . hist. norm . gest . a stepho rege f. : . antid . brit. p. . mr. w. his third agument fully answered . anti. brit. p. . this the hinge of the controversy as to the fact ; whether the commons of england were introduced into parliament , or had any share or votes in making of laws for the government of the kingdom , or had any communication in affairs of state , otherwise than as represented by the tenants in capite , before the th of hen. . vid. dr. brady a-against mr. petyt , p. , . mr. hunt , p. . rot. parl. . e. . n. . les piers counts & barons . counts & barons les piers , e. . rot. parl. rot. cart. . ●…o . m . n. . rot. sat. . e. . n. . rot. iarl . e. . a. . d. sta. westm. . e . . . iusti. . rot. pat. h. . pa●…s unica m. . d. rot. pat. h. . pars unica in . n. . vid. jan. angl. facies nova p. . both mr w. and mr. hunt argue this may : vid. mr. h. p. . mr. hunt , p. . eademrus , f. . vid. ian. angl. facies 〈◊〉 , p. . ●…ad . f. . ricard hagustaldens●… ; f. . cronice●… eliense . e●… vet . regist . in archivis cant. arch. vid ian. angl. &c. p. . claus. . jo p. . m. . vid. ian. &c. p. . rot. claus. . h. . m . c. . ian. angl. &c. p. . rot. claus. . h. . m. . d. magna charta . h. . mr. hunt p. . vid. jus angl. ab antiquo c. . eadm . supra . rich. hagulst . ant. brit. p. . matth. paris addit . f. . matth. pr●…is , fol. . ibid. rot. pat. . h. . m. . rot. pat. h. m. . stat. st. p e. . dr. brady against mr. petyt , p. . dr. brady against mr. petyt , p. . mr. hunt , p. . mr. hunt , p ●… . mistakes . mr. hunt , p. . ibid. p. . mr. hunt , p. . mr. hunt , p. , & . vid. jus anglorum ab antiquo , addit . p. , to . mr. hunt , p. . see escuage taxt at such a a military assembly , inter com. de termin . s●… . mich. ●… . h. . r. . ●…id . ian. ang. p . rot. claus. . h. . m. . do so . page . seld. tit. hon. fol. . mr. hunt , p. . rot. claus. h. . pars . m. . notes for div a -e p. . p. . contradictio in terminis . p. . pag. . mr. hunt , p. . so dr. brady consesses out of mat. paris against jan. ang. &c. p. : , ; . vid. jus ang. p . et de scutagiis assidendis submoneri faciemus , &c. king john's charter . mr. hunt. p. . page . vid. jan. ang. facies nova throughout . page . mr. hunt , p. . page . mr. hunt , p. : claus. . h. . m. . d. claus. . e. . m. d. mr. hunt 〈◊〉 p. . vid. jus ang. ab antiquo , p. . benedictus abbas sub effigie , iulij a. . f. . in bib. cot. cam : ordines angl. p. . quarto . vid. jan. ang. facies nova , p. . tit. of hon. f. . hoveden , f. . mr. hunt , p. . magna charta , h. . spelman's glos. tit. here●…tum . spelm. glos. tit. heriot . magna charta johannis rs. p. , & . after the statute of qua emptores entire services , a●… fealty , h●…rsots , and the like , might ●…e multiolyed to the lord , upon the tenants parcelling out the lands , but not before . vid. talbot's c . r. f. a. so bruerton's c. . rep. f . & . inst. f. . a. mirror . p. . inst. f. . the author of antid : brit. builds much upon this authority . antid . p. . inst. f. . inst. ibid. mirror p. . ibid. p. . vid. spelman 's councils , vol. . f. . rex non potuit distrahere patrimonium regni sine assensu procerum . dyer 〈◊〉 . eliz. f. . b. magna charta cap. . inst. f. . instit. f. . instit. f. . h. . tit. prerog . stat. de hibernia inst. f. . a. vid. jus ang. p. , to , & p. . mr. petyt's preface , p. . so ro●… . de temp . r's jo. lord hales his collections in lincolns-inn , lib. jus angl. p. to . ibid. p. , to . addit . p. . jus angl. p. , to . mr. hunt , p. . survey of the leviathan , p. . survey of the lev. p. . notes for div a -e mr. hunt , p. . page . ibid. pag. . supra p. . mr. hunt p. . notes for div a -e ibid. p. . page . page . page . page . page . page , & . notes for div a -e page . vid. postscript p. . mr. hunt , p. . page . page . fortescue de laudibus legum ang. p. . b. vocatio & congregatio populorum & gentium omnium qui ibi omnes convenire debent , & universi qui sub protectione & pace domini regis degunt & consistunt in regno praedicto , & ibi providere debent indemnitatibus coronae regni hujus per commune concilium & ibi providendum est ad insolentiam malefactorum reprimendam , &c. leges sanct. ed. de grove . vid ius angl. ab antiq. cap. . dr. brady says , the controversy is concerning matter of fact only . against jan. angl. facies nova . p. . * sym. dunel . f. . anno . so mat. west . f. . . h. . † ego enim quando voluero faciam ea satis summoneri propter mea dominica necessaria ad voluntatem meam ian. angl. p. . spelm. glos. tit . hund. vid. additions to ius angl. ab antiquo a p. . ●…d p. . brompton , f. . brompton , an. . gervasii crobica , f. . this explanation is warranted by st. edward●… 〈◊〉 habent etiam aldermanni in civitatibus & in burgis clausis & murae val lat●… , & in castellis eandem dignitatem & potestacem , & modum qualem habent praepositi hundredorum & wapentachiorum . vid. spel. glos. tit. aldermannus . * jus angl. ab antiq . p. . bromptor , f. ●… . ex blundel brev. penes rem . r's in socio , . e. . north nomina duorum mil. johannes doyley de stoke miles willus murdake miles manucaptores johannis doyley mil. ris. bird de stoke wiliiel . ellis de eadem . many more of like nature . francus , plegius seu fidejussor spelm. glos. tit. franc. pl. so nono h. . milites & libere tenentes & omnes de reg. magna charta cap. . inst. f. . spelm. glos. tit. lib. hom . ad nobiles 〈◊〉 lim s●…tabunt 〈◊〉 〈◊〉 a majoribus ortos omniuo liberis . vid. can●…den's ordines angl. f. . inst. f. ●… . b. rot. parl. . e. . n. . dr. brady against mr. petyt , p. . so if summoned to attend the justices in eire , or the like . pro burgensibus de brugwater ut sit liber burgus per chartam regis johan . factam wi. br. cart. . ed. . m. . n. ●… . cart. . e. . m. . n. . vid. prin. regist. of writs . inter coima de term . st. mich. an. . edw. . vid. part of it enforc't jan. angl. p. . vid. at the end this inserted at large . ¶ vid. prin's regist. charta antiqua r. n. . hen. i. carta ant'q . r. n. . ibid. n. . rich. i. inter bre. dir . baron de term. s. trin. ed . penes rem . d. thes. this like coventry . leges sanct. ed. de heretachiis . habeat omnis dominus familiam inplegio suo l. canuti . c. . l. sanct. ed. de friborgis . vid. jus ang. ab antiquo , p. , , . l. de friborg . aldermannus novemdecimorum in the laws of h. . spelm. glos. tit. aldermannus . britton e. . p. . b. vid. stat. west . . c. . . e. . the coroner to be des plus loialz & plus sages chivalers . vid. etiam ian. ang. facies nova p. . & . et si cheorlman●… romoveatur ut habeat quinque hidas terrae , &c. et si filius filii ejus hoc assequatur ut tantum terrae habeat postea est qui nascetur ex cis sithercunde generationis , &c. leges aldestani bromton f. . matth. paris edit . tig. f. . dr. brady's glos p. . vid. supra . vid. jan. ang. facies nova p. . jan. ang. &c. p. . additions to jus ang. p. . vid. mr. selden obj. against this answered . jan. ang. a p. . ad . rot. claus. . h. . m . & . jani angl. &c. p. dr. brady against mr. petyt . p. . & . rot. pat. . ed. . n. . jus ang. p. . stat. stap. . ed. . rot. parl. . edw. . n. ●… . see that record vindicated from dr. brady's misconstruction , jus ang. ab antiq . p. , , . rot claus. . e. . m. . dorso . mr. hunt , p. . contrary to dr. brady , against mr. petyt , p. . page . page . pag. , . page . supra p. . mr. hunt , p. . page . page . mr. hunt , p. . page . post-scrip , p. this is begg'd throughout mr. hobbs's pernicious dialogue between a philosopher and student of the common laws of england . power of kings , f. . patriarcha p. . mr. hunt , p. . p. . supra . vid. power of kings , f. . notes for div a -e inter record penes re●… d●… thes in sceio remanen pro hominibus ville de coventre . englands reioycing for the parliaments retvrne declaring the kingdomes happiness in their councells, and their iustice in their consultations against papists, arminiasme, and popish superstition / composed by iohn bond ... bond, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) englands reioycing for the parliaments retvrne declaring the kingdomes happiness in their councells, and their iustice in their consultations against papists, arminiasme, and popish superstition / composed by iohn bond ... bond, john, - . p. printed by f. l. for t. bates .., london : . title vignette: port. poem. reproduction of original in thomason collection, british library. eng england and wales. -- parliament -- poetry. great britain -- history -- charles i, - -- sources. a r (wing b ). civilwar no englands reioycing for the parliaments returne. declaring the kingdomes happinesse in their councells, and their iustice in their consultati bond, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands reioycing for the parliaments retvrne . declaring the kingdomes happinesse in their councells , and their iustice in their consultations against papists , arminiasme , and popish superstition . composed by iohn bond , cantabrid. . st. iohns coll. london , printed by f. l. for t. bates , and are to bee sold at his shop in the old bail●y . england's reioycing for the parliaments returne . declaring the kingdomes happinesse in their councells , and their iustice in their consultations against papists , arminianisme and popish superstition . welcome ye starres of england , whose bright beames doth us illuminate , with the full streames of iustice , in whose sacred brow we scan the height of equitie ; and truth of man . whose splendor doe so radiantly appeare like fixed starres within our hemispheare and if the exub'rance of a word may swell so high , that angells may be said to dwell within your councells : nothing sure can be distill'd from you but meere divinity . but stay ! why doe my sawcy pen transgresse 'gainst modesty , in striving to expresse your panygericke , which the hearts of men cannot conceive enough : how dare i then presume audaciously now to expresse in you , renowned england's happinesse ? pardon ( greate worthies ! ) pardon my poore muse which ( while all other poet 's doe refuse this taske ) ambitious only is to bee in painting forth your sweet solemnity in your recesse how ev'ry heart did pray , praying enquire , enquiring wish the day of your returne and now you doe fulfill their expectation , and god's holy will . me thinkes i see each subiect strive to come and then endeavour you to welcome home vnto your sacred councell ; once begun , and ever shining as the splendent sun . blessed astr●a●aignes within your minds : within your hearts and constancie there finds a pious habitacle : firme faith now show's your blest intent , and pietie your brow 's 't is your returne , that makes our hearts to move with great alacritie , and greater love . 't is your returne that makes men to rejoyce and caroll forth their joy's with heavenly voice t is your returne , that causeth us to singe encomiums as from the muses spring . 't is your returne , that doth infuse my quill with poetrie , as from parnassus hill . and whatsoe're we doe , 't is your returne that causeth all our hearts in ioy to burne . for as monopolers did heretofore triumph , yet by your iustice they deplore their sad disastruous fortune : and the while truth under your protection rightly smile when bishops did exult , and made the poore too servile , who their lordships did adore those , who did strive to trample o're the crowne by your true iustice are all tumbled downe . and iudges likewise ( by whose false command extortion raigned ev'n throughout this land ) by your heav'n-guided councells , and great power doe most deservedly suspect the tower . but england doe not labour any more of these incendiaries , as before . proceed , renowned worthyes , then proceed and what in action is , perfect in deed . for ( loe ! ) the kingdome wholly doth depend on you : who doe it piously defend . behold , the pope doth quake at your returne , and mourning feares , and fearing still doth mourne which may he still continue , till he lyes ship-wrack , in mourning , and so mourning dyes ! behold ! the papists tremble , and doe feare extreamely , and soe sinke into dispaire . which may they sinke into ! for now i hope no more respect shall be given to the pope . behold ! armineans tumble every where and now are struck with repercussive feare . which may they still be struck with ! for i doubt they 'l be expell'd , and banished without . behold ! the priests of baal , atheists and iesuites , with other popish priests lament their fortunes : for in you they see nothing but iustice , and true equitie . you have deliv'red us from all the hands of these , and more , yea from the devills bands . we will not therefore so ungratefull seeme your sacred iustice e're to dis-esteeme : but to extoll , and celebrate your fames and pious honours , as perpetuall names , which never shall be out of memorie razed , but kept unto eternity : witnesse those prayers , which we dayly make , for your security , and councell's s●ke . each man prepares his mirth , each man salutes your blest returne , and each man disputes of your renowned equity , which finds an habitation in all severall minds . this land triumphs in you alone ( great peeres . ) who have absolved us from all our feares . oh let the sun-shine of your vertues then illustrate all the joyfull hearts of men ! and let the influence of your great power the gospell's mortall enemies devoure . for your securitie we dayly pray that true religion never may decay but re-erected by your equitie may flourish to all perpetuitie . and that the church of god may never more be dis-respected still as heretofore . but govern'd by your consultations may shine throughout all other nations . thus doe all things by you securely stand , and thus all things doe flourish in our land . by you the branches of relig'on grow , by you the rivers of the gospell flow . in you we doe receive a blessed station , in you we have a heav'nly contemplation . with you true iustice flourisheth aright . with you and good relig'on shineth bright . from you this iland doe receive a blisse from you , a blessing , not a iudas kisse . to you be therefore glory , and great praise to you we yeeld the olive , and the bayse . by , in , with , from you we receive all joy : to you be honour : which you shall enjoy . vestra deus dirigat concilia . finis . a word for the armie. and two words to the kingdome. to cleare the one, and cure the other. / forced in much plainesse and brevity from their faithfull servant, hugh peters· peters, hugh, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a word for the armie. and two words to the kingdome. to cleare the one, and cure the other. / forced in much plainesse and brevity from their faithfull servant, hugh peters· peters, hugh, - . p. printed by m. simmons for giles calvert at the black spread-eagle at the west end of pauls, london : . annotation on thomason copy: " ber [i.e. october] th". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a word for the armie. and two words to the kingdome.: to cleare the one, and cure the other. / forced in much plainesse and brevity from th peters, hugh b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a word for the armie . and two words to the kingdome . to cleare the one , and cure the other . forced in much plainesse and brevity from their faithfull servant , hugh peters . — nunc nunc properandus & acri fingendus sine fine rotâs — london , printed by m. simmons for giles calvert at the black spread-eagle at the westend of pauls , . a word for the armie , and two words for the kingdome . though i have looked upon the scriblings of this age as the fruits of some mens idlenesse , and most mens folly , and therefore should not willingly have owned my selfe , if found among that rabble . yet when it grows so unlimitedly high , and impudently brazen , that some men i know , men even above flattery , and so sleek & smooth , in their uprightnesse ( among whom i place the present generall and his second ) that i had thought nothing of that kind could stick ; and yet these besmeared by uncircumcised pens . . two things i resolved which now i offer to the world . the first is an humble petition to the parliament , that they would please to try their now well-backt authority , that some one faithfull discreet man may be chosen to divulge gazets , corants , or newes : who shall be accountable to the state for what he prints or communicates to the kingdome , and that two of each party ( for parties there are ) shall undertake for what is printed on the behalfe of either , that so all scandalous and slanderous personall affronts may be avoyded , and matters worth time and reading may be published ; or if none of these may be gotten , at least men may put their names to their papers ; that honest men may know where to find an accuser , for si sat sit accusare , quis erit innocens ? i list not to answer objections may be made hereunto , since this boundless kind of boldnesse were better curb'd to some inconvenience , then continued to a mischiefe , even the poysoning the whole nation : it should not be a wise mans qu●●e , what strength , wit , acutenesse , &c , runs through such a paper : but cui bono ? . my second resolve is , though not to answer every late pamphlet punctually , which rather then doe , i might undertake to cleanse the stable in the story : yea though my share lies so much in them , that it would be costly to purchase cleane handkerchiefs to wipe off every spattering on my face , and could as shortly and more truely answer all as he did bellarmine with thou lyest ; knowing no publike instrument in no age , in no place can travel without others dashing and dogs barking : yet to prevent stones from speaking , and graves from opening , or some horrid unheard of thing from appearing , to satisfie the wide-mouth'd world , and the black-mouth'd pamphleteers . i shall in plainenesse and faithfulness shew you the armies wounds since they put up their sword , and with them the states diseases ; and in humility offer the cure , and leave all to a wonder-working god . first , let me tell you negatively the evills commonly charged upon the army , are not the armies evills . wee have generally causam pro non causa , in which mr. prin was wont to exceed , who spake much more then he meant to stand too : the summe of all his is the armies rebellion : another pedanticke sounds a retreat , who being namelesse will not endure a charge ; the marow of his divinity , non-obedience ; another brings the army to the barre , where he pleads with a company of bal'd threatnings , and would fright fairfax with a sight of a king at white-hall ; one cryes they sin against caesar ; another , they have deflowred the parliment ; another , they have ravisht the city ; another , they are sectaries , enemies to government , false to god , to man , friends , enemies to themselves . they have lost ireland , ruin'd england ; oh ! taxes and free quarter ; oh ! this trinkling with the court cryes one ; oh ! their doubtfull carriage with the court cryes another ; cavalliers shall up cryes one ; we shall never see good day sayes another , i doe not think paul heard such a confused noyse , when himselfe could hardly get leave to speake ; that the word army must answer all the doubtfull mischievous deadly questions in the world . for example . who brings famine ? the army . who the plague ? the army . who the sword ? the army . who hinders trade ? the army . who incenseth scotland ? the army . who hardens the king ? the army . who confounds all ? the army . and if it should be askt the cavalliers and malignants who conquer'd you : they would answer , the army . if the presbyters , who disappointed you ? the army ; if the independents : who leaves you in the darke ? the army ; and if haman were askt what he would doe with these jewes ? we know the answer : alas poore army : qualis de te narratur fabula ? but to my purpose ; the grand complaint , which , as most insisted upon , so is most likely to have vulgar acceptance : is the armies disobedience to the parliament , by which the state was endangered to loose all consistency ; in respect of which , the apprentices routing the house is but duty or innocency ; or at worst a parallell practice . to which this is my plaine and full answer . it is confest , they were not willing to disband at walden , being urged thereunto , and denyed in essex , when expected and prest : but consider . . it was required but conditionally , with regard to their security , indempnity , and arreare , and none of these performed ; it was not such a monstrum horerndum : dly . they were free english-men as souldiers , and must maintaine their obligation to the state , as wel as answer the major and more corrupt votes of the house . dly . nature commanded their selfe-preservation , when such instruments were sent to disband them , and command them for ireland , of whose non-integrity they had good experience . ly . when not long before they could not have leave to petition their faithfull generall , how shoul● they expect any thing being disbanded . ly . this piece of disobedience 〈◊〉 not new unto them , when the same practice was familiar from men more mercenary in the north , and their denyall never counted rebellion : but glibly swallowed . ly . i answer , and i desire it may be observed : the first force ever put upon the parliament was long before this , and that neerer hand : did not the city remonstrance hang like a petard upon the parliament doore weeke after weeke , and every ward in course to attend and fire it ; speake ( gentlemen of the house ) how you were accosted and saluted , and in what language , till you were forced to speak pure london . ly . i doe here offer to make good upon oath , that the commanding party in the house , had more force put upon them to disband us , then we put upon the house in refusing . for proofe whereof , master anthony nicholls lately with us at kingston before his flight , being urged by my selfe before an other sufficient witnesse , to speak to this point , calling for a testimony from heaven ) profest , that when the army offered at first to goe for ireland , he with the other impeached members fully condiscended to it , and they gave him the agitation thereof : but ( as he protested ) the ministers in london came to them with violence , pressing the contrary upon this ground : that this army would soone conquer ireland , fill it with schismes : and not only command it : but in a short time give law to england : and therefore would heare of nothing but the disbanding it , wch ( quoth he ) put us upon that violent course ; now who forced these ministers ? i doe not say , but you see who forced those parliament-men , & we know they would force the army : and upon denyall the army are the forcers . and if the city-remonstraters durst speake , they can tell you who forced them to force the parliament : and if the apprentices would breake silence , they could tel you who spet in their mouths , and clapt them on the back . in all this i speake not my delight , but my griefe , that so many pulpits should as plainly witnesse this force , as history tels us who poysoned king john . and though we have not been ignorant of this kind of violence ( which i had rather attribute to my brethrens zeale , then their malice ) yet you see how tenderly wee have dealt with those : we knowing many godly amongst them , who have not yet declared against them , complained of one of them ; nay though this army from first to last never had any of these brethren to offer one sermon to us to encourage in dangers , to rejoyce with us in our successe . nay , though they know wee want helps , and have been forced to use such help , as they have reviled us for ; and so would have us make bricke without straw ; nay though wee know most hard measure met us . i doe professe i conceive even gangraena himselfe might have marcht through the army unmolested , though we are not ignorant : hinc nostri sundicalamitas . the lord pitty and pardon , the army doth . ly . lastly , the army durst not disband , not seeing a suitable power to stand betwixt honest men and their dangers ; the garrisons not possest by men of trust , and the . horse intended not in such hands as to be wished : and the best of them might bee soone disbanded when the foot scattered . no , no , this is not the armies wound or sore ; and to answer the retreaters grand question , whence are wars . i answer with the apostle james ; and adde peace begets plenty , plenty , pride , and pride , warre , and warre begets peace , and so round againe . the schoole-boy that helped him to so many latine ends out of tully , can answer a harder quaere : but since hee pretends to religion , i wonder this offended brother doth not attend the rule , matth. . why cannot he as well speak to a brother offending , and so tell him , as to tell all the world of him ; i have beene satisfied in mine own spirit , that the godly could not be much offended with us , since none have taken the liberty of speaking to us , which i dare say from the generall to the meanest officer , professing godlinesse , had not been unwelcome . but i looke upon that author as great a stranger to the armie , as he is often to his owne principles , and his whole course to be a trade of retreating , and leave him to another pen ; nor is a generall toleration the armies gangraena , when as they never hindred the state from a state religion , having onely wished to enjoy now what the puritans beg'd under the prelates : when we desire more , blame us , and shame us . neither was it the evill of the army , that being modell'd , they suddenly clos'd , and marcht at that time when the boldest complainer now , would have given them two parts of what they had to have secured the third ; ( friends ) it was not their evill to divide part of their force to taunton , & with another part to fight at naseby , and after that ( by gods blessing ) to deliver up a free kingdome to an ungratefull inhabitant , and to an envious cruell piece of a parliament ; nor did those honest-hearted so much asperst fairfax and crumwells sin in owning the army at new-market ; nor in their march from thence towards london ; nor in their respects to those noble commissioners of parliament sent to them ; nor in their courtesie to those discreet citizens from london ( who deserve much ) nor their condiscending to their desires to march off upon promise of two things ; first , that they would put out the imperious reformadoes . dly . in securing the house , though neither performed , nor in scattering their forces at . miles distance , and providing for ireland ; nor in their returne upon those confest insolencies ; nor in marching unto , and through the city , to shew their harmlesse intentions ; nor in securing the king in that juncture ; nor in hearkning to their agitators in their just proposalls ; nor in asking money to avoid free quarter and other burthens ; nor in bringing those of the house that fled to them , home againe ; nor in desiring a sound parliament , and cleering it from such persons as had shaken their publique interest ; nor in propounding wholsome means to the house , and leaving them to their feete to be enlarged , altered , or explained to the kingdoms advantage ; nor lastly are complaints against private souldiers the proper evil of the army : since when i speak of the army , i mainly intend their councell & conduct ; for you know in such a body that sickenesse in pay causeth death in discipline . but positively we will turn up our lap , and shew you our nakednesse , et habebitis confitentes , reos . we acknowledg we are reaping the ill fruits of our want of action . saevior armis luxuria incubuit victosque ulei vitur . it may be some of us have had our lordly dish in jaels tent , and our head may be nayled to the ground ; wee may thinke ( the war being ended ) we may begin to look to our own comforts , and subsistance , and we are apt to plead , who shall enjoy honour and other advantages : but those that have wonne them through hazards , and think they may be confided in ; it may be some of us looke upon our shops and trades as things below us . wee want that communion with god , and one with another which we had in sad hours : we are forgetfull of our mercies : we may be apt to quarrell one with the other for want of an enemy . we may have such a neighbor of the court , as some of us may be planet-struck , yet i hope not principle shaken ; we may wander too much from our own first undertakings in the opinion of others . we are not without varieties of thoughts about the matters of god , which never appear'd when we had no time for talking , having so much to doe and act . we cannot ( we confesse ) live beyond our frailties in many kinds . to be short , we have prayed more , loved more , believed more then we doe . we are grown effeminate with ease , and are more cowed with a dead dog , then wee have been with a living lyon . we are lesse in heaven and more in earth , and these truely are our wounds deare friends . some other diseases there are as much considerable among others , which may be of greater and stranger influence , as first , all mens unbeliefe in god for the carying on his worke , he is not minded in the whole businesse . . our not designing a government from first to last . . our general , proud , and carelesse carriages towards the present differences which make so much noise among us . . a selvishnesse & negligence in committees and men intrusted , behaving themselves as if they could keepe their painted and well-stuft cabbins when the ship is sinking . . a generall want of the fear of god , and that spirit of trembling before him , which whilst it was upon ephraim , he was a glorious tribe . . an oscitant and untrust kinde of deportment in all men towards publique affaires , the truth is , the want of a publique spirit threatens ruine very much . . unwarranted jealousies of all men and all actions : yea though convinced of each others faithfulnesse . . common unthankfulnesse & ingratitude to god and man , i feare shortly the greatest errour in the kingdome , will be the famine of love . . delay to the distressed , making them more miserable then the matter of their complaints doth . . a spirit of lying and false witnesse-bearing , reaching to the undervaluing of our enjoyments , to say england is growne so poor by the warre , is false , excepting what is blasted by some northern winds , our treasure is yet in the kingdome : london as rich as before ; witnesse cloaths and dyet : witnesse marriages and disposing of children , where piety , proportion , parentage take little place , unlesse mingled with much red clay ; witnesse the ready money for purchases if cheape : though shaken titles in tottering times . the cure may lye in these ? the army ( you say ) must yet be maintained , and wee have thought of establishments , &c. to take off all offences occasioned by the army ; either you must find action for it , which will answer much , or repartite it upon several counties according to proportion , that every county may know their owne men and their charge , by which the hollanders have kept their army these . or . yeares ; i have formerly answered all objections may bee made against it . the immediate pay of the souldier in every county , as it will cut off many unnecessary charges , so it wil be easie and contentfull to both parties , i meane the souldier and the land-lord . secondly , good men , not good lawes must save kingdomes : not that i would separate them ; therefore i thinke that the first work to be attended : for as the venetians live upon their curious elections : so the netherlands by keeping their governement in such hands as they doe , though perpetuating offices to them , have proved dangerous . good justices , good majors , &c. had it been our first work , it would have been our best , & english-men can as soon conform to just & honest government as any other people . see it in the army , how serviceable the worst imprest men have been under example , and characters to be given out for the elector , and elected , and for the manageing of chiefer burgesses . what if every fifty in every county chose one to choose for them , &c. most men being ignorant of the worthiest men . dly . that all men from the highest to the lowest may know what they may trust too without delay , and to trust god with the management of it if according to his will . ly . tithes or something of analogy to them brought into a common stock in every county will doe two things , viz. keepe a good proportion of money ready in every county , & content the preacher and his widow better , when in towns .l . or .l . per annum , and in the parish .l . shall certainely be paid , and .l . to the widow , &c. as in other countreys they doe , and hence raise a stock to set the poor on work in every county , the want of which hath been so much complained of . ly . that salaries may be appointed to all places of trust , that temptations to deceit take not hold of officers . ly . a committee for union betwixt all men truely godly ; that we may swim in one channell ( which is in hand ) with free and loving debates allowed in every county , that wee may convince , not confound each other , two or three itinerary preachers sent by the state into every county : and a committee of godly men , ministers , gentlemen and others , to send out men of honesty , holinesse , and parts , into all countreyes recommended from their test . ly . three men yearely chosen in every parish to take up differences , which may be called friend-makers , as they do in other places with good successe . ly . that the customes ( by which great sums come to hand ) may be in very choise hands , and their under-officers in all parts may be presented from those ports to them : and out of . or . so presented , they choose one , if not just exception against him . ly . that my former modell for the navy may be review'd and accepted , which was presented about two years since , whereby the navies debts may be paid , and two parts of three in the charge saved for future , and the work better done . ly . that merchants may have all manner of encouragement , the law of merchants set up , and strangers , even jewes admitted to trade , and live with us , that it may not be said we pray for their conversion , with whom we will not converse , wee being all but strangers on the earth . ly . that forraign nations may have due respect by all faire correspondences with them , and intelligencers kept among them , especially that scotland may be used in al things as neighbours and friends , though not as masters and commanders . . that academies may be set up for nobility and gentry , where they may know piety and righteousnesse , as well as gallantry and court-ship ; wee commonly fetch over the dirt of france , rather then their excellencies , and that shorter wayes to learning may be advance'd ; and that godlinesse in youth give them place in colledges before letters and importunity of men . . that the worke of ireland may not thus still be made a mock-work : but that the businesse may be carried on strenuously & vigorously by men to be confided ; who may take it upon them by the great , or day-work , either of these ; there are good men will undertake it upon them , if fully countenanced with a good magazine and some money ; for what we send now is but like a worm in a hollow tooth , it takes up no jaw ? . that no magistrate in matters of religion meddle further then as a nursing father , and then all children shall be fed , though they have severall faces and shapes . . that all men intrusted , may have set time , place and persons appoynted to give up their accounts unto , of their employments . . since the vast and even incomprehensible affaires of this kingdome by the present councell , must have so many agitations and so many varieties passe upon them ; two wayes it may be cured . . if nothing be taken into the houses consideration but res verè arduae , wherin the heart-blood of the kingdome runs , and no petty matters . . if a councell of state of . or . honest and godly wellbyast men might sit neer the house , and these , not invested with power , might commend matters of high concernment to the house , and receive their scruples , and those to state also government of churches . . that burgesses of parliament may be better proportioned , . . or two for shires , and some for great cities , that they give monthly some account to the places intrusting them , and that some lawes may be probationers for a month or two . . that some of the parliament may be appointed to receive such suggestions from friends for the good of the whole , which they cannot constantly bring in by way of petition . . that prisoners , especially for debt , may have dispatches , & not loose heads , hearts and hands as well as heeles in gaoles , and that the creditour may maintain them in prison : that poore thieves may not be hang'd for .d . ob . but that a gally or two may be provided to row in the river or channell , to which they may be committed , or employed in drayning lands , or banished . it were also to be wished that our gentry find our callings , and that younger brothers may be better provided for by their parents , that some of them fall not on learning & the ministry as a shift , & some ( which is worse ) take up their employments in high wayes , or ( at best ) pester ireland or forreigne plantations ; and all to maintaine the paintry and glister of the family , and too often to keep up the name and honour of it in a sottish and luxurious heire . . quicke justice makes quiet common-wealths ; i look upon that as contenting the hollanders under their vast taxes , & excises ; what they have they can keepe ; where ( in every towne ) you may get justice as often and as naturally as their cowes give milke ; the few advocates in amsterdam will tell you what little use they make of lawyers , where i have knowne a merchant dealing for . pound per annum , & in seven yeares not spend . shillings in law . and if i might not offend the court and gentry , i would say the wrapping up of so many of them in gownes , and scufling at westminster , is rather a mark of their meanenesse and jejunenesse , and our slavery and folly , then of any nationall glory ; that to this day wee can neither buy nor sell , convey nor make testaments , without great and questionable parchments ? and for law must jurare in verba , either of littleton , cooke , or casuist , ejusdem farinae , which would finde a cure in keeping records in all counties of all mens estates and alienations , &c. and those transmitted to a grand or leiger record at westminst : the strength and time spent in term quarrells , were better bestowed upon the west indies to which we have beene so often called , and would soone make an end of europes troubles by drying up that euphrates . i know not what engagements the king hath upon any , nor how the entercourse lyes : but before the close of new addresses , i wish the people might have two things granted them , viz. . to understand by some wise statist what the true english of prerogative , priviledge and liberty is . if these three bawling children were well brought to bed , the whole house would bee quiet . . that a certaine time might be appointed to chuse their burgesses undenyably if they please to make use of it , with writs or without : what year this shall begin i say not : but if not granted , you shall hardly keepe tyranny out of doores . to close all and cure all ; would this nation but follow the plaine foote-steps of providence in one thing , the worke were done . let us but consider whither the lord hath not pointed out his worke unto us , viz. putting righteous men into places of trust , making way thereunto , as if the fulfilling of the many prophesies and the expectation of the just , were now to be answered . witnesse the first and now second gaubling the parliament , the like in the city , the same in the armie , not lesse in the ministry , as in the choise of jesse's sons : neither this nor that must serve but the least , that the whole kingdome hath been in the refiners fire . the lord would doe us good against our wills : but wee content our selves to give him a female when wee have a male in the flocke : this broke the axle-tree of the jewish state and church , and that bought akeldama . however i am confident god will carry on this work which is his owne , and to that end i looke above all present agitations , knowing if we enter into our chambers , and shut our doores for a little moment the indignation shall be over-past . finis . a narrative of the proceedings of the committee of the militia of london concerning a letter, in part resolved to be sent to general monck, and the officers under his command in scotland. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing n thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a narrative of the proceedings of the committee of the militia of london concerning a letter, in part resolved to be sent to general monck, and the officers under his command in scotland. city of london (england). committee for the militia. sheet ([ ] p.) s.n., [london : ] imprint from wing. lists at end both the promoters and the dissenters of the letter. annotation on thomason copy: " ber [i.e. november]. . ". reproduction of the original in the british library. eng albemarle, george monck, -- duke of, - -- early works to . england and wales. -- army -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no a narrative of the proceedings of the committee of the militia of london, concerning a letter, in part resolved to be sent to general monck, city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a narrative of the proceedings of the committee of the militia of london , concerning a letter , in part resolved to be sent to general monck , and the officers under his command in scotland . the commissioners for the militia of the city of london being met the third of november instant , at their ordinary place of meeting , a draught of a letter was produced , to be addressed to general monck and his officers , testifying their dislike of his undertaking , and raising forces , which after a long contest and opposition made by a considerable number of the members of that committee , eminent for estates and interest in the city , was resolved on by a very small disproportion and odds of votes , viz. two or three at the most ; against which the said dissenters generally made their protestation , and many of them in further testimonie thereof subscribed their names in the paper of the committee ; but no resolution being taken at that time , when the said letter should be sent , by whom , or how directed , they appointed to meet the next day , to treat further thereupon ; being met , the dissenters comming with a very good assurance that they should have been able to have laid aside and prevented the sending of any letter of that import by a far greater number of members , whom the former debates , and a more serious consideration had made sensible of the danger and imprudence of such an application , designed for the discouragement of that faithful and generous assertor of the parliaments right , the liberties of the people , and the government of the common-wealth , by the administration of the civil power , there was an indeavour by producing a letter from the pretended committee of safety , to discharge that committee from further sitting , the authority whereof was likewise disowned , and declared against by many , as insufficient to suspend their sitting , authorized by act of parliament : notwithstanding , upon a solemn promise , that the letter should not be sent , or made publique ; and at the request of the lord mayor , that they would give place to the court of aldermen , who had appointed to meet in the same room , at the same time , upon other occasions , the committee by mutual consent adjourned themselves : now forasmuch as the said letter , contrary to promise , is published in print , and probably may also be sent to general monck , least the same should be deemed the free and unanimous act of the committee for the militia of london , it is thought fit to publish the premises , with the names of those that carried on the letter , as also of those that dissented , to the end that the city , who are best able , may judge of the matter by the manner , and the men respectively engaged on either side . the names of the promoters of the letter . mr. kiffin . samuel moyer . henry brandreth . william ostler . joseph sibley . robert offley . edward raddon . george coney . meth. turner . william smith . william zanchy. george gospright . samuel southen . lieut. col. foach . clement ireton . capt. john owen . lieut. col. puckle . robert barret . nathaniel manton . major william clement . col. john mew . major john child . sadler blunt . capt. robert mallory . col. john fenton , col. owen rowe . henry parre . with three others , in all . the names of the dissenters . alderman dethicke . alderman love . alderman bateman . alderman biddulph . alderman atkin deputy cliffe . deputy camfield , col. deputy lenthal . col. john okey . col. slingsby bethel . col. gower . major mark coe . william pennoyer , esq major robert russel . capt. william mead . capt. nicholas roberts . capt. stephen hembery . lieut. col. john marryot . richard waring , the elder . praise god barebone . john jackson . edward bushel . thomas arnold . joseph holden . william jelley . mr. rosse . mr. harington . mr. baker . william hinde . a proclamation by his excellency robert earle of essex, &c. captaine generall of the army imployed for the defence of the protestant religion, king, parliament, and kingdome. together with a letter from a gentleman of quality residing in the army, concerning the advancement of the army towards oxford. essex, robert devereux, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a proclamation by his excellency robert earle of essex, &c. captaine generall of the army imployed for the defence of the protestant religion, king, parliament, and kingdome. together with a letter from a gentleman of quality residing in the army, concerning the advancement of the army towards oxford. essex, robert devereux, earl of, - . gentleman of quality residing in the army. [ ], , [ ] p. printed for t. g., london : . this proclamation to prevent plundering is dated may, . reproduction of the original in the british library. annotation on thomason copy: "may ". eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a proclamation by his excellency robert earle of essex, &c. captaine generall of the army imployed for the defence of the protestant religio essex, robert devereux, earl of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation by his excellency robert earle of essex , &c. captaine generall of the army imployed for the defence of the protestant religion , king , parliament , and kingdome . together with a letter from a gentleman of quality residing in the army , concerning the advancement of the army towards oxford . london , printed for t. g. . robert earle of essex , &c. captaine generall of the army imployed for the defence of the protestant religion , king , parliament , and kingdome . whereas these countries have beene very much afflicted and oppressed by the enemy , and we are now come to relieve them of their hard bondage . it is therefore my expresse will and pleasure , and i doe hereby straightly charge and command all officers and souldiers of horse , foot , and dragoons , belonging to the army under my command , that they and every of them doe forthwith after proclamation hereof made , forbeare ( notwithstanding any pretence whatsoever ) to plunder or spoile any of the goods of the inhabitants of these countries , or offer any violence or other prejudice unto them , upon paine of death without mercie . given under my hand and seale this of may , . essex . a letter from a gentleman of quality residing in the army , to his friend in london . sir , the armies are this day on their march . yesterday the lord roberts marshall generall of the field marched with a party of horse and foot ( by his excellencies order ) and possest themselves of abington , which the enemy the day before quitted , and retreated to oxford ; truely ( blessed be god ) the enemy flies before us and durst not oppose . the countrey where we now are , are in a very poore condition , and truly the enemy dealt so inhumanely with them , that they have almost stript them of all they had in this towne ; as i am informed , some of them ript up sows bellies great with pigges , and did other incredible acts of worse nature , besides ravishing three mayds ; and when they had done this , they said they would do what other mischiefe they could , because they had but a short time to raigne . herein is his excellencies proclamation to save all that is left by the enemy , which is very little . i rest , your assured friend . blewbery , may . . in the morning . sir william waller was this day at sutton , which is between oxford and abington . finis . fragmenta carceris, or, the kings-bench scuffle, with the humours of the common-side the kings-bench litany : and the legend of duke humphrey / by samuel speed ... speed, samuel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) fragmenta carceris, or, the kings-bench scuffle, with the humours of the common-side the kings-bench litany : and the legend of duke humphrey / by samuel speed ... speed, samuel, - . [ ], [ ] p. printed by j. c. for s. s. ..., london : . in verse. illustrated t.p. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng humphrey, -- duke of gloucester, - . england and wales. -- court of king's bench. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion fragmenta carceris : or , the kings-bench scuffle ; with the humours of the common-side . the kings-bench litany . and the legend of duke humphrey . by samuel speed , a member of that royal society . are they at 〈◊〉 the devil part ' em . london , printed by i. c. for s. s. and sold by the booksellers of london and westminster . . to his worthy friends , the ingenious gentlemen-prisoners , within the confines of the kings-bench . sirs , since the people of the world imagine ye to be prisoners , i shall endeavour to offer my instructions how you may convince them of their errors : study how to be content ; so though you change your place , your fortunes are the same ; ye alter the habitation of your bodies , for the better enjoying the tranquillity of your minds . he is truly noble , that knows how to rejoyce in crosses , as well as in contents ; that will not think of desperation , nor be urged with impatience . the body of a wise man , is a house unto the soul ; but to the ignorant , a prison : for the discontented man is a slave to his own humours , and a prisoner in a double sense . nor can the soul of a discreet man be confined , more than the windy breath of boreas ; or as easie is it to shut up the bright beams of light within a chrystal . no prison in the world , be it famous , or infamous , can be so deep , as to bury ; so dark , as to blind ; so strait , so crooked , so narrow , as to bind the genius of a wise man : for wisdom is the wing of the soul , that bears it not only out of prison , but to all the parts of the terrestrial globe . a continuation of which happiness , is heartily wished by ( gentlemen ) your friend and servant , samuel speed. on his friend mr. samuel speed , and his kings-bench scuffle . are prisons now made offices of wit ? 't is more than strange , but true that thou hast writ without the help of books , as if for th'nonce fate did decree that thou shouldst study stones . couldst thou not find a trusting aristotle ? nothing to feed thy muse , but bub and bottle ? yet thy smooth lines carry such gentle strains , that not torment , but recreate the brains . in writings certainly those best must be , that freely suit with each capacity . what can encomiums add unto thy fame , since thou hast got a monumental name left by thy grandsire , one that will out-last the iron teeth of time , or fames loud blast ? his chronicle's a pyramid to thee , and thou art great , though speeds epitome . william shelden . the kings-bench scuffle . it is not of the force of bulls , or of those heroes break their skulls i' th' bear-garden , nor else of trulls , as phillis , chloris , the fairest nymphs as may be pick't up in a summers day , by gallants that adore an amarillis . nor do i sing of butter-flies , or of the screeks , and horrid cryes of dying pigs , or chatt'ring pyes : for know ye , to hag my muse at such a rate , would make me with my self debate ; for too too much is such a state below me . but mind my tale ye champions all , for i am to relate a brawl , the like did never yet befall in kings-bench . it lately hapned th' other day , that there began a horrid fray , and 't was about ( as people say ) a thing 's wench , so mean a rat , that you 'd have swore , his jade must be a common whore , or she 'd nere fancy such a boarish fellow . but say the girl was whore enough , and strongly smelt of kitchin-stuff , yet she had vizard-mask , and muff was yellow . to set her person forth would be a task of small felicity ; nor need it , fince they did agree to love well . though some would call the lady punk , some hold their nose as if she stunk , yet these two lovers would be drunk above well . one time unhappily it chanc't , that some upon her credit danc't , at which her brisk gallant he pranc't profoundly ; vvith pots , and pipes , he made retreat , vvith all his force to do the feat ; he flung , and did another beat most soundly . the flaggons flew about amain , much blood was spilt , but no man slain ; so that the scuffle was in vain , as seemeth . but one more stout than all beside , look't round about , and then he spy'd one sleeping , but with honour cry'd , he dreameth . from whence the world may understand there 's those are stout , but can command their passions with the best o' th' land : for know it , if any he dare be so fell , rashly to fight in hopes to quell , fame's trumpet won't the story tell , nor blow it . nor is 't my place to issue forth the actions of an unknown birth , though all his deeds they may be worth rehearsal . then let us sing those praises due , which from his valour did accrue ; 't is pity but they should be universal . he that has rambled through the halls o' th' city , slept upon its stalls , behold ! 't is he , the stony walls environ ; as if they did design their jarrs should be more cruel than our wars , who call to their assistance bars of iron . and well they might with reason too , if my intelligence be true , for all ( god knows ) had much ado to hold him . how then shall i describe this man , vvhose deeds a volume cannot span ? and in my thoughts , there 's no man can unfold him . in short , some stories flew about , ( for in the end the truth will out ) and those did make his mistriss pout , and srown too ; vvith indignation then she swore , she 'd be reveng'd of rogue ; or vvhore , counted her sins , and made the score abound too . vvith prince , or peasant , lord , or earl , i venture dare or gold or pearl , they never met with such a girl for valour : a girl , and thereby hangs a tail , although perhaps itwas somewhat stale , her tongue i 'm sure could all out-rail ▪ and taller this our girl was ; yet i 'de be loth for her to lye , or use an oath , for nature did her part by both , so be it . this age produces those as bold , majestick , strong , or those can scold , as former ages did of old , we see it . the man with silence had incag'd his soul , but now he was enrag'd , and valiantly he would have wag'd his tatling : that whereas some her honour smutcht , ( for such like words he alwayes grutcht to hear ) that none of them had toucht her twatling . one that pot valiant was , stood by , and without musing , gave the lye : vvhat after hapned , by and by will follow . the woman reacht a neighb'ring kan , and flung't at 's head ; her loving man to buffets fell , and all began to hollow . the woman , as in duty bound , seeing him tumbled to the ground , the other heroe she did soundly scratch him . the humble man cry'd two to one vvas odds , and so lay still to groan ; and to say truth , her self alone would match him . but since 't is past , so much for that , now let 's some other subject chat , not of some chit , or little brat , but tall-man . but reader , this observe , take heed how you with gyant deal your speed ; for it may chance to cost indeed a fall man. have you not heard of warwick's guy , that slew a world when none were by , and can ye then forbear to cry 't is pity ? but why do we discourse of one , as if he merited alone ? the greeks it was that made to groan a city . the splendid troy was made forlorn , like sampson's foxes in the corn , each merry greek exalted horn , to burn ' em . by merry greeks the learned mean fat usurers , that are obscene , and say they 'll make their debtors lean , to turn ' em . thus as advis'd by hudibras , one line for rime must this time pass , for sense the other : for alas you know well , we erring mortals sometime speak or non-sense , latin , or pure greek ▪ and trees too have a silent squeek , sayes howell . but why do we digress so wide ? hark how they roar o' th' 〈◊〉 for to be poor is all their 〈…〉 and who more blith than they are there ▪ they drink and sing to banish care , for they are mad because they spare the sherry . and well they may , for when they get it , their stomacks are so sharply whetted , the vvine would surely be befretted at thee boyes ; for i have heard 'em make their moan , when ale would give 'em leave to groan , such liquor sure was made alone for we boyes . the cellar you may note is dark , and each ones eye doth seem to spark - cle ; ev'ry minute ecchoes , hark , a taper . the light 's come in to ease their thrall , commanded by the chief of all , whom we in vulgar terms do call ale-draper . when brought and on the table sat , a ceremony they begat in complements ; but note each hat was pawned . but iack let 's drink , a fart for foe , we 'll drench the cellar , then we 'll go ; faith come , a match , cry all , and so they yawned . sayes one , let 's scorn to think of wealth ; a second drinks his sov'raigns health , and that goes round , for none by stealth , forsake it . drink round , cryes one , boy drink agen , the act will pay our debts ; for when we 're quite undone , we 'll jointly then go take it . a league is made , and all are friends , with promises to make amends ; for no man there hath private ends , they scorn it . their liquor that is sound and strong , and when there 's one that doth prolong the drinking , this is all their song , come horn it . up with 't , another cryes , nay , pish man , pull away , and give 's the dish ; for such delayes will catch no fish : drink clear boy . if i had stowage like a vvhale , oh i could tell thee such a tale , i 'd live on only smoke and ale , and beer boy . then on the cup he layes his fang , and doth it to his neighbour bang , vvith — let our creditors go hang i say men . they all their contribution pay , and kill with curses every way ; and in conclusion each doth say to 't amen . their coyn and credit being crack't , they all conclude it is no fact to swear according to the act , a stout book . to that 't is time to list an ear , their oaths by rote they will forbear , for they too long were us'd to swear without-book . nor are they there so void of bliss , but they can eat , and eating piss ; for nothing there can come amiss to many . sometimes no knife they have perhaps , however there are bones and scraps are ready carv'd to fit the chaps of any . vvhen din'd , they to the cellar run ; sayes one , come brother , charge your gun ; here 's smoke , there 's none beneath the sun can mend it . his pipe he fills , and all the rest , not one did seem with grief opprest , and each did like a welcome guest attend it . there 's no man's soul but 's large and wide , they 're free , though freedom is deni'd ; from thence 't is call'd the common side : for all things in common lie , and are dispers - ed so , i cannot well rehearse it in the compass of a verse : nor small things are there so much as thought upon ; their creditors though hard as stone , whil'st these are singing , sigh and groan , no matter . they 're fools that think a prison payes ; and while they keep their strict delayes , they do themselves ( instead of praise ) bespatter . they 're mad-men wont be pris'ners there , for each ones life is void of care ; of food they have enough to spare their debtors . their charities are grown so large , though rowers some in boat , or barge , they 'll stay themselves , but they 'll discharge abettors . but now a mischief draweth nigh ; tobacco here is , one doth cry , but it will surely make us dye the quicker , if thus we eat , and smoke without some moisture : hogs that feed on grout , and are but swine , yet they no doubt have liquor . one being drunk , could not collogue , but plainly gave his gen'rous vogue , pox on 'em all that sent this rogue among us ; these cursed tricks he 'll never lin , till he payes dearly for his sin ; ' stead of virginia , he brings in mundungus . i have two half-pence , sayes the next ; another much with passion vext , but yet a man was hugely dextrous frothing , cry'd , i 've been cutting pegs all day , vvhil'st others at the grate did pray , and as it seemeth by my fay for nothing . come , since we are all bare of chink , this moveable shall purchase drink , here 's a crevat , my honest skinker draw some : but let it be the best , for know , vve mean to pay before we go ; let not your drink , dear honest io , be nausome . two pots of beer were straitway brought , and drank they were , as soon as caught ; that had you seen 'em , you 'd have thought 'em monsters . however each one did abhor to be at least behind-hand , or dirty ; for know , they car'd not for misconsters . my hat ( cryes one ) will yield two pots , to which agree the other sots ; for they most freely take their lots as can be . the last man drank the bottom up ; vvith that , sayes one , i 'll have a sup ( out of a far more chearful cup ) of brandy . to purchase half a pint of that , his coat was lodg'd with th' others hat ; the brandy came , and laid 'em flat as flounders . but by and by they rose again , and with one voyce they all complain , that they must be ( or tapster slain ) compounders . you rogue , sayes one , with carrots sandy , you brought us damn'd confounded brandy ; another call'd him iack-a-dandy ; a third man swore at him , call'd him something too , and said , he 'd beat him black and blew : he scornfully replying , you , a turd man. vvith that a scuffle did begin , nor was there one that car'd a pin for broken pate , or maimed shin , which you know is common in such feuds as these ; 't is better ( than to fight ) t' appease , and far more wholesom for ones ease , by iuno . a pewter flagon , not of lead , vvas straitway flung at tapsters head ; but mist , or else he had been dead o' th' sudden . the tapsters courage now was stung , and searching all the food among , vvith might and main he stoutly flung a pudden . 't was little less than scalding hot , one that by order he had got for some that greas'd the porridge-pot when able . and truly i my self did wish for that , above the butter'd fish , as being held the better dish o' th' table . but all were good , for they were drest not as a dinner , but a feast , vvhen each man is a welcome guest on high-dayes . nor is my zeal so nicely fresh , to raise disputes 'tween leg and leash , for i can eat , or fish , or flesh , on fridayes . another flung with all his might an artichoke , but aim'd not right ; for missing tapster , smote the sight of woman , or wife to one among the crew , although the company all knew her well , and that she would be true to no man. however she with batter'd face vvhen wip't , began to open case : people , quoth she , if this disgrace ye suffer , no woman shall henceforth appear , to give her friend a cup of beer ; but ev'ry rascal that is here will cuff her . that blunt detracting word did gall not only one , but joyntly all , that on the woman they befall with ill words : as you 're a vvhore , a common cheat , your tongue out of your head we 'll beat . one silent was , for he was eating phill-berds . but at the last this mighty hub bub concluded in virtuous bub , as good as ever came from tub , or barrel . and reader , if thou hadst been there , thou needst must have an equal share of courage , that must boldly dare to quarrel . for to say true , i cannot tell , but it may be the muses well , of which 't is sung , it doth excell all others . for they 're of such a jovial func - tion , that they 'd drink until they stunk , and swear they 'd live and dye as drunken brothers . i oftentimes my self have sipt until my legs each other tript , and sober vermine call'd me tiptled spend-thrift . among the rest a smooth-fac't la - dy , call'd sempstress , did by my fay rebuke me , and i answer'd , madam mend-shift . tom segar he more bold indeed , faster than i my self made speed all to be-whore her , till her needle prickt her . at which we did compassion take , and only laught to see her quake ; for were it not for her bloods sake , we'd kickt her . but were it not for drink , the smoke might very well the stoutest choke ; and i observ'd it did provoke to squtter . for some stept forth , with faces blew , to spit perhaps , or else to spew , returning with a smoothing hew as butter . but let me not mistake , for sure the muses never did inure themselves to smoke , or could endure tobacco . but here the parallel may hold , our cellar 's fill'd with beer that 's old ; but they would fuddle out their gold in sack though . the next in view , is man of pegs ; if he can stand , will stretch his legs , till reeling he has broke of eggs a flasket . for there is good relief he knows , not in his creditors , or foes , but in the scraps which overflows the basket . with these his eager paunch he fills , forgets his grace , and then he kills , not on his trencher , those are ills beneath him . but was it either louse or flea , or both perhaps , as that may be , it matters not , then thinketh he , bequeath him unto his rest i think it fit : then having eat the other bit , he takes his knife , and wipeth it most cleanly , but 't was upon his shooes or hose , sometimes the inside of his cloaths ; for basket-victuals all men knows is leanly . howere the fish was wondrous good , swimming all in a butter-flood ; nor could a mortal wish for food much better . but as 't would vex a dog to see a pudding creep , or go , or flee ; so you may judge it vexed me the greater . the names of this same butter'd-fish were cods ▪ and maids , both in a dish , most neatly laid , as heart could wish they should do . by this same dish another stood ▪ esteem'd by all almost as good , and any one might eat that woo'd , and could too . this was no counter-supper fight , not courage that was shew'd at night , but such as did by day invite those sinners that came to make their mirth sometimes vvith notes loud as st. george's chimes , and knew the punctual hours and climes for dinners . now mars inspire my busie muse , while i discourse of cuff and bruise , such as this age doth seldom use to hear on . the table was bedeckt with kan , with pots , and dishes ; but one man no sooner sate , but he began to jeer on , reflecting on the tapsters face , anon bemoans the womans case ; both taking it for a disgrace , like thunder the dishes flie all at his head , who though a captain as 't was sed , fill'd all the people ( not b'ing dead ) with wonder : one takes the captains part with mug in hand , another with a jug meets him , and they with cornish hug do greet each . but first about each others pate they broke their pots , then in the state of wrestling , they at any rate do beat each . their number was some twenty-six , no one forbore to shew his tricks , but each does like a mastiff fix on other . the room by this time swam with drink , with fish , and butter , not with chink ; whil'st each with might did striving think to smother , stifle , or drown his furious foe ; for there 't is known they made no moe of slipping when they could not go i' th' liquor . that being drunk before they were so dasht against the butts of beer , some cryed out , oh i shall ne're be sicker . some that best scap't , got up again , scratching their heads to ease their pain , vvhil'st some do tipple up the main so aley , that down they tumble in their fits , forsake the thoughts of eating bits ; for now alas their tender wits cry vale. to study plots is no designe of theirs , if they get ale or vvine ; for they adore the tub and vine so highly , they tipple till their heads do ake , and then their head and heels they shake ; publick devotions too they make not slily . vvhen any friend to visit comes , and sends for vvine to whet their hums , their voyces sound as loud as drums to bacchus . may that great god be blest , cry they , that thus provides such pleasant vvhey , oh that his vines for ever may be-sack us . a london citizen was wont to quarrel with a silly — ryman , and he was daring blunt as ellis : of whom in ancient story we read how the counter-rats agree ; that he most stoutly oft would flee their bellies . the countreyman howere was stout , they boxt and boxt a second bout , nor could all art make him give out for won day . it was acknowledg'd 'fore 'em all , that there was neither great nor small , like him could wrest , or kick the ball on sunday . the flying fish now marcht about , begreas'd and smote the rabble-rout ; the tapster had his eyes put out , to thinking . but when retreating from his ground , he searcht with care the butter'd wound : all people there then plainly found him winking . but yet the fish did soundly palt , and which was worse , the butter salt stole in his eyes by ( as some call 't ) a bye-blow . in wrath a piece of beef just hot , he reach't as taken from the pot ; the beef besides alas had got a flie-blow . the dinner ended , ere it did begin ; for men and meat were hid : some slept , as drunk ; and some were fiddle fooling . but not in wrath ; for now the fray began each spirit to allay , and those most hot were stept away for cooling . but some more wise than all the rest , though thinking to have spoke in jest , cry out , my friends , but where 's the feast so pleasant ? with that each doth his corner search ; one that above the rest was arch , produces a most lovely pearch and pheasant . another cryes , see here you thief , here 's that will give us all relief ; it was indeed a piece of beef with mustard . still as they searcht , they something found , enough to make fresh healths go round ; one finds be-batter'd on the ground a custard . one finds a fish all black as sut , another finds an eel whose gut was trod to nought , and all the butter vanisht . well , now they left their humours mad , they all shook hands , and none were sad ; but drank and fed , as if they had been famisht . the lady that began the fight , they hug'd , and kist , to do her right ; and she as pleased with delight , was bonny . what afterwards they to her did , when strangers that came in were slid , since it is fit it should be hid , pray con ye . unto their beds they all like friends , promis'd there should be kind amends ; each one unto his sleep had ends to shuffle . thus reader , you have heard the things that did befall ; for news hath wings : and so concludes the dreadful kings-bench scuffle . the kings-bench litany . from creditors when cruel grown ; from those that cannot hold their own ; from little souls that make their moan , libera nos domine . from bayliffs , and their crafty scent ; from being in a prison pent ; from staying till our coyn is spent , libera nos domine . from running on the cellars score ; from calling , vvill you trust us more ? from answers , you 're a rogue or vvhore , libera nos domine . from those that justice have forsook ; from any cellar-worms rebuke ; from dining often with the duke , libera nos domine . from those that love to bounce , or thump ; from learning in the hall to mump ; from paying homage to the pump , libera nos domine . from heathen cooks that have no faith ; from duns that move a pris'ners wrath ; from him that payes , and nothing hath , libera nos domine . from guilt of any horrid fact ; from being citizens that crackt ; from taking of the ten-pound act , libera nos domine . from fire ( god bless us ) in a gun ; from dungeons deep that see no sun ; from those that from their waiters run , libera nos domine . from being overcome by drink ; from lodging near a bog-house stink ; from having stomacks , and no chink , libera nos domine . from asking food , and be deny'd ; from being unto goals ally'd ; from being turn'd to th' common side , libera nos domine . from turning day all into night ; from those in rudeness do delight ; from being sent to th' lyon white , libera nos domine . from forreign and domestick jars ; from being cheated unawares ; from peeping thorough iron bars , libera nos domine . from pris'ners that can swear and lye ; from being buried ere we dye ; from those that will not hear our cry , libera nos domine . from living in a lowsie jayle ; from wanting drink , or mild , or stale ; from empty butts that have no ale , libera nos domine . from those that will afford no aid ; from mouldy scraps in basket laid ; from making pegs , that humble trade , libera nos domine . from cellar-clowns that treat us ill ; from their great pride , and little skill ; from fools that let them have their will , libera nos domine . from groaning with dejected heart ; from those which weekly feed our smart ; from wishing they may want a cart , libera nos domine . from those that seem'd our friends before ; from friends that will be friends no more ; from slaves that do their gold adore , libera nos domine . from vermine vulgarly call'd lice ; from those that do delight in vice ; from gamesters turn our bones to dice , libera nos domine . from breaking when we may but bend ; from being sureties for our friend ; from bonds or bills are sharp at end , libera nos domine . from those that are for ruine bent ; from being dun'd for chamber-rent ; from frowns and threats when cash is spent , libera nos domine . from lying in the middle ward ; from chambers that are lockt and bar'd ; from calling , and cannot be heard , libera nos domine . from chirping in a nest of chips ; from wanting beds to lodge our hips ; from those whose staves begin with tips , libera nos domine . from those that harlots keep , or wed ; from wooden blocks to rest our head ; from all , or any kings-bench bed , libera nos domine . from ratling chains that make a noise ; from swearing , cursing , ranting boyes ; from huffs , that are indeed but toyes , libera nos domine . from sober slaves , that fit and whine ; from all dull hearts that do repine ; from those that have not hearts like mine , libera nos domine . the legend of the thrice-honourable , ancient , and renowned prince , his grace humphrey , duke of st. pauls cathedral walk , surveyor of the monuments and tombs of westminster and the temple , patron to the perambulators in the piazza's in covent-garden , master of kings-bench hall : and one of the colledges honourable privy-council . among those tales that story doth repeat , i find not one that doth of hunger treat , that may compare to ours his grace the duke : hath daily giv'n to all a just rebuke . his glories we in ancient stories read , how , and with whom his grace was pleas'd to feed : not with ambassadors , who came to view those rarities they heard of , never knew ; nor doth the duke his invitations send to princes , or to those that on them tend , but payes his kindness to an hungry maw ; his charity 's his reason , and his law. shall any mortal then , that knows a verse , withdraw his pen , his bounty to rehearse ? how many poor distressed knights hath he freely reliev'd in their necessity ! how open is his table unto all , to those that come without , or with a call ! nay , which is more , his genius so is bent , he 'd ne'r admit one penny should be spent ! for to say truth , hunger hath hundreds brought to dine with him , and all not worth a groat . some with their beads unto a pillar crowd ; some mutter forth , some say their graces loud ; some on devotion came to feed their muse ; some came to sleep , or walk , or talk of news . for though they came to dine , they loathed meat ; for many had almost forgot to eat . my self oft-times did at his table sit , when neither i , nor others eat one bit . but come they did , or else they 'd been to blame ; to pay their duty to the duke , they came : and of their visits , since they came in love , his grace did daily thankfully approve . some came with jingling spurs instead of chink , for that was melted on their mornings drink ; and drink they must ; i never yet knew one could quench his thirst , with reading doctor donne : nor is it easie for a common eye to draw the substance of an elegy ; nay some , though old , could sooner eat a staff , than suck the marrow of an epitaph . some came with rags scarce hid their bodies o're ; some with foul cuffs , wash't but three months before ; some as dull lovers , in a silent mood , walk't as if melancholy was their food . the learned call them amorists , a name as none more frequent in the book of fame . those heroes that in upper regions move , grew proud below , 'cause they could live to love ; and with aspiring thoughts , still soaring high , they liv'd , and lov'd , and loving , liv'd , to dye . these amorists of whom we now do talk , took great delight to trace our private walk : with folded arms , and hat below his brow , he seems to count his gentle steps , or how much full of misery he now is in , wishing he ne're had lov'd , or ne're had been ; anon bethinks himself he did amiss , behold this place diana's temple is : all profanation straight way hence must flee , or that great goddess won't propitious be ; then to a corner , with a silent air , addresses he to venus makes in prayer . there leave we him studying a fresh caress , whilst we press on into the crowd of guess ; and such a crowd was never seen before , to visit dukes , or to approach their dore . some came with shooes , that fear'd to touch the ground ; some with half-hose , to shew their shins were sound ; some decay'd scholars , with their loyns begirt ; some with half-sleeves ( poor souls ) but ne're a shirt ; some so attended in their wretched state , thousands ' did hourly round about them wait ; that men might see , although but single-ey'd , like persons great they were well fortify'd . and well observ'd it was , by men of skill , their births were high , on mountain , or on hill. some even ere their dinner had an end , would boldly dare to kill their bosome-friend : and in that act , this was their usual cry , so let blood-suckers , and back-biters dye . some came with cloaks , though thredbare as their lawn ; some came without ; for why ? they were at pawn ; some though they knew their pockets had no stock , could talk , look big , and make their beavers cock . and well they might , for as in bed they lay , the rats had almost eat the brims away ; for they were so well oy'ld with store of fat , for roast-meat they might pass with mouse or rat. yet though the brims were swallow'd by the swarm , they left the crowns to keep their noddles warm ; as if the vermine modestly should say , we know your births , though fallen to decay : and did demonstrate by their knowing art , of hats , for warmth , crowns was the chiefest part . some pedagogues to set their learning forth , discourse in latin , of his graces worth ; they that could understand that tongue might speak , but all abhorr'd the hideous noise of greek . perhaps among the crowd a sword was seen , but rusty grown , in holland it had been : and he that wore it , walk't with such a grace , as who should say , my steps shall speak my race . a waggish boy not yet discreetly grown , to understand the virtues of the town , walk't by , but kept at distance , as afear'd , still looking back , and as he look't , he snear'd . captain , quoth he : the captain turns about ; whoop captain , quoth the boy , and so runs out . the captain he pursues , as mov'd in wrath , makes strong attempts to draw his weapon forth ▪ but all in vain ; at which the captain curs't , whilst standers by , with laughing almost burst . for as it afterwards appear'd , his blade had cut its way through europe since 't was made ; and 'cause for many years it did not peep , the captain will'd it might in scabbard sleep . nor was the captains courage then adust , for it so deeply was beg●awn with rust , that it defy'd the rules of martial law , and dar'd the captain , if he durst , to draw . the angry captain cryes , i could be mad , thus to be ty'd to what i never had . just then a zealous student passing by , looking as kick't from th' university , he gave his grave advice , with whites so ey'd , as nonconformist much presbytrify'd . the captain by his frowns appear'd as vex't , which put the parson quite beside his text. the guests being met , and all prepar'd to eat , what next should come , but what they want , their meat ? much bussling then appear'd , a general strife there was , contending where to whet a knife . the parson holding forth , said , 't was forbid in holy writ , his talent should be hid . quoth he , we meet in clusters here to dine , but fasting helps a man to be divine . when pious cogitations do decay , 't is high time then to fast ( not feast ) and pray . in former ages since the world began , he that could fast , was held an holy man : but he that doth delight to feast , when in , he gluts himself with meat , and drink , and sin . the poor man fasts , because he has no meat ; the sick man fasts , because he cannot eat ; the usurer fasteth , to encrease his store ; the glutton fasts , 'cause he can eat no more ; the tradesman fasts , his landlord to enrich ; the gallant fasts , to cure venereal itch ; the lawyer fasts , to gain his clients cause ; divines do fast to study for applause ; physitians fast , because 't is for their health ; the beggar fasts , but when he eats by stealth ; the hypocrites do fast , to be commended ; the saints do fast , because they have offended . and brethren , since we know we all are sinners , now we 're here met , let fasting be our dinners . the hungry captain listned ▪ then cry'd , sup‑ pose we all now should eat the parson up ; he prates of fasting ; by my coat of buff , i de eat , for i have fasted long enough . let those of this your doctrine have a taste , that daily feast , while we are forc't to fast ; and fast we do , till like poor half-starv'd elves , we ready are almost to eat our selves . long may the parson on the subject treat of fasting , but however give us meat . each shrugs his shoulder , walks from place to place , nor could they scarce forbear to blame his grace : but some whose judgments deeper far could look , would only stamp , and frown , and curse the cook ; and justly too : for when they all did think to be well-cram'd with store of meat and drink , the gen'rous duke appear'd , and speaking fair , quoth he , my friends , fall to , a dish of air is all that now our kitchin can afford ; when next you please to see us , and our board , ye shall have carps , crabs , pouts , and store of rail , varieties of fish , at least a tail. expect no sawce , we 'll promise no such thing , because we know ye all do stomacks bring . much discontent sate on each others brow , their food was thin ; however none knew how to shew their ill resentments , but as men well-pacifi'd , agreed to come agen . but ere that happy day was fully grown , a dreadful fire consumes the kitchin down : which fire began not in his graces house , but thither came , and burnt both rat and mouse . on which the duke , to shun a scorching doom , perambulated to ben iohnson's tomb , where shakespear , spencer , cambden , and the rest , once rising suns , are now set in the west ; but still their lustres do so brightly shine , that they invite our worthies there to dine , where their moist marbles seem for grief to weep , that they , but stone , should sacred reliques keep : and some have fancied that they 've heard them sing , within this place is aganippe ' s spring . there our ingenious train have thought it fit to change their dyet , and to dine on wit. first with a free consent they all combine to pay their visits unto cataline , by whom a damsel , styl'd the silent woman , stands in her rich attire , the like by no man was ever yet beheld ; and 't is her due to stand near him , b'ing fair , and silent too : for if some ladies stood but in her stead , their clappers would go nigh to wake the dead . hard by this famous dame , with well-grown locks , behold an ancient well-experienc't fox , plac't as a grave adviser , who with care cryes out , o rare ben johnson lieth there . next day his grace , and all his guests so trim , do shakespear find , and then they feast on him . for two such dishes at one single meal , would like two thieves into the senses steal ; and such a surfeit cause , that by their pain , they'd judg't unsafe to feed on wit again . our duke by this time spies a fairy queen , and as a man surpriz'd with fits o' th' spleen , such strange infusions did his passions move , that he must live to dote , or dye in love . her to behold , is to be blind , or frantick ; to speak her fame , would seem as if romantick . her eyes shoot darts , which at the heart you 'd feel , who like achilles lance , both hurt and heal . by which the world may judge his grace had skill in beauties , finding out those eyes that kill . the great apelles was for painting rare , yet never drew a beauty half so fair . art may contrive a curious golden fleece , but this fair queen is natures master-piece . if beauties may be made with painting ore , what may art make of what was fair before ? have you not in the morning first of may , observ'd the countrey-lasses fresh and gay ; or a fair shepherdess with garlands crown'd , with other nymphs to dance the maypole round ? as phillis , amarillis bright , and chloris , excelling beauties ; and there many more is : or have you heard of the arcadian dame , the fair parthenia , whose immortal fame 'bove all that we have nam'd , may bear the sway ? but this our queen is lady of the may. to gain acquaintance with this lady bright , he thinks it meet some doxies to invite . next day came tripping in a light-heel'd girl , adorn'd with ribbons , paints , and bastard-pearl . we need not speak of either feet or legs , her face seem'd 'nointed with the yolk of eggs. slily into the company she slid , a colour having got for what she did . some blam'd her , saying , sinners us'd to paint ; others reply , but she 's a seeming saint . nor was there want of pocket-pickers there , nor lifters of the careful tradesmans ware. old chaucer , who though sickly , full of ails , from hence collects a book as full of tales . his neighbour drayton , who was his amoris , studying to write encomiums on authoris . the learned cambden's gravity appear'd , at which they starting , seem'd as if they fear'd . one that was grown more crafty than the rest . beclouds their fear with this invented jest ; hither we come , and in the end perhaps our entertainment shall be nought but scraps : then let us take a taste of these remains , and so depart ; the duke a slighting feigns . mean time his grace , whose passion still grew high with pangs of pensiveness , was standing by ; musing , not minding either guests , or meat , his busie-brain allow'd no time to eat : with starv'ling body , and with ghastly look , he seem'd more like a devil , than a duke . his eyes grew gogled , cheeks were pale and wan ; sometimes he sighs , anon doth curse and ban . presently afterwards is heard to cry , oh that i had not lovd , or now could dye ! finding no answer to each kind address , and that she would not love for love express ; he with himself resolves when stronger grown , to move from thence with thoughts to see the town . then to the gatehouse went , as nearest to him , where he no sooner came , but divers knew him . a flock of wretches do his grace environ , all lin'd with vermine , some with chains of iron . after some mutual complements were past , his grace to covent-garden maketh haste ; for some there were that for his grace had staid , and till he came , at post and pillar plaid : and that i briefly may their worth express , these the gentilest were of all his guests ; only a faculty they had to curse , to raut , and huff , like gyants ; nay , what 's worse , they'd ramble all the night , and windows break , then in a crowd to the piazza's sneak . some whore away their coyn , and then with grief they humbly come , and beg the dukes relief ; and swear god-dam-'em they his grace will serve , and for his sake they 'll even dare to starve . the duke return'd his thanks you well may think , but would however stay with none to drink . then to the temple , lincolns-inne , and grayes , he walks , but yet at none of either stayes : for his resolves were now for newgate bent , where some of his acquaintance fast were pent . first to the master-side without delay , his grave thought fit he should his visit pay ; having with busie eye the rooms survey'd , he call'd the nurse , one that was once a maid : and having shewn her where the cobwebs hung , he chid her , and in wrath away he flung ; shook hands with some whom he of old had knew , and only cry'd , we 're glad you 're well , adieu . some that ne'r knew him , might perhaps suppose him noble by his title , and his cloaths ; both were grown ancient , and could justly vye with any dukedom for antiquity . but those that did expect they should behold some gallant complements in yellow gold , were much mistaken ; for the duke ne'r went to visit any one with such intent : for he ne'r lov'd to suffer cash so near him , for which some wags behind his back would jeer him . now to the felons jayle he bends his march , where being come , one that was chiefly arch accosted him in complemental strain ; whereat the duke forthwith vouchsaf't to deign an answer ; what it was i've quite forgot , but as i guess , 't was either sense , or not . for divers friends he ask't , but heard no more , but only they were hang'd a while before : but one whose skill was far above the rest , approach't the duke , and thus himself exprest . great duke , although your ancient guests are fled . from hence , their craft doth live when they are dead : for know , this lesson one hath left behind , hear it , and judge , as you the truth shall find . cheats are the maintenance of small and great ; a prison , like the world , is but a cheat ; the merchant-man the cheat by whole-sale playes ; the shop-man cheats in ev'ry word he sayes ; the victualler cheats in reck'nings , and in froth ; the clothier , and the draper , cheat in cloth ; and when they do so , boldly will retort ; the taylor cheats , and pleads a custom for t : if a young heir shall run upon his score , when once he payes , he payes the worth twice ore . the stationer cheats both lawyers and divines ; the vintner cheats with brewing of his wines ; the husbandman , and he a man would think hath scarcely brains enough to covet chink , he sells his corn , and if the mould it lack , he knows to cheat by virtue of his sack. the handicraftsman , true , he taketh pains , but he will cheat , rather than miss his gains ; the priest will preach one sermon oft-times ore ▪ the lawyer cheats as fast as all before ; physitians too , the cheating art have found in false applies : and so the cheat goes round . in short , the countrey doth the city cheat , 't would be too tedious to describe the feat ; the city too as briskly cheats the court ; thus all are cheats , oh here 's brave cheating sport ! cheat thou for me , cryes one , i 'll cheat for thee ; thus do the cheaters lovingly agree : the only way for any to be great , or get preferment , is to be a cheat. the honest man that loves not worldly pelf , rather than break the number , cheats himself . the iaylors cheat , by taking unjust fees ; the pris'ner too , he cheats as fast as these ; the creditor , whose malice is grown great , seizes on all , and doth the pris'ner cheat ; oh desp'rate fates , what hazards do we run , we must be naught , or , to be just , undone ! the duke with silence heard , and patient stood , then took his leave , to visit old king lud ; who having seen , he unto bridewel goes , then to the counters , where are some that knows what splendid table 't was his grace did keep ; for they went thither not to eat , but sleep . the fleet he likewise call'd upon , but there were few that knew the duke , each one did stare upon his grace , and censures past aloud ; for they indeed are generally proud , and so abound with friends , and store of coyn , they 'll choose to purchase , rather than purloyn , or with an empty pocket to intrude into the number of a multitude . for they like fishers with a silver hook , caught food enough to entertain the duke . from hence his grace to southwark bends his course , and to the marshalsey with eager force he hastes , and enters ; whence i do divine , there 's many with the duke were wont to dine . complements flew like hail-stones round about , as if the duke when in , would ne're get out : forty and odd a circle round him lay , that to get loose , 't was hard to find the way . besides , i 've read it in some book or song , that each of these were twenty-thousand strong ; and i that on his grace did daily watch , observ'd the duke did in his bosom scratch , sometimes in 's codpiece ; but i must forbear to be too busie with his private ware. but i can this with modesty assure , to scratch , or itch , the duke could ne're indure ; and whether in that crowd he vermin got , or crab-lice had before , i know it not : much honour for the duke they joyntly own , talk freely with him , as if wealthy grown . however , though they are with plenty fill'd , alms-houses they have all forsworn to build . the duke his grave advice bestows on all , bids them be merry , though they are in thrall ; for he himself by his experience finds , despair's the issue of ignoble minds . thus having said , with eyes about him cast , quoth he , well sirs , old friends must part at last ; and madam wiat at the kings-bench stayes until i come : besides , i 've divers wayes how to expend my time , and pass my hours ; wherefore adieu , i was , and still am yours . thus having spoke , the duke with nimble wings takes flight from thence , unto the bench of kings : where having greaz'd the key , found way to come into his parlour , call'd the mumpers room , where he inquiry made how things did stand ; and as it hapned , there was one at hand was so indu'd with art , with skill , and worth , to satisfie the duke in setting forth th' affairs of all the house , and c's the man , who having made obeysance , thus began : these iron bars a lecture preach to me , that there 's no iewel like true liberty ; for here to be confin'd in such a cage , brings blooming youth to an untimely age. behold those high-flown gallants , who of late came hither , and their creditors and fate did both defie , how now they droop and sink , having in bub and smoke consum'd their chink . ungrateful slaves , that did profess us love , now we are in the grates like mountains move . those that from cellar unto cellar jump , must at the last do homage to the pump ; that christian pump , that seems to sigh and moan , as being conscious of a pris'ners groan . the cook-room which so oft they did frequent , they must but smell to , when their money 's spent . their cittadels now on the master-side ▪ wherein they are with thousands fortify'd , they must retreat from , quickly as the summons ( having no money ) calls them to the commons , where they must beat their brains , & cramp their legs , in the low livelihood of making pegs ; where i leave all those wretched souls to be slaves , till death payes their debts , and sets them free . the duke with grave attention lent his ear , seeming to grieve for what he then did hear ; told all about him , that whilst he was able , he 'd make them daily welcome to his table . what did more over-pass , i don't well know , for i got loose , and they cry'd , let him go : but any person that hath time to spare , and fain would see the duke , may find him there : where that they might the great dukes mirth prolong , they entertain him with — the prisoners song . come , let us rejoyce , and our creditors whine ; that pris'ner's faint-hearted that once doth repine , whil'st ale 's in the house , or there 's juyce in the vine . then let 's not despair for a foregoing fact of running in debt , for we 'll pay by the act. though fools may imagine our griefs are emergent , a fart for our foes , and the pox take a serjeant . call to the tapster for bushels of liquor , he 's a dull rascal for coming no quicker ; not sorrow , but drought 't is , that makes us the sicker : and when we have drank up the mass of his main , we 'll stay for recruits , and then drink on again : though fools may imagine , &c. is any one member among us opprest ? then make his heart float like a cork in his breast : here 's no fear of bayliffs , nor of their arrest ; such vermin that formerly us'd to torment us , had rather be hanged , than now to frequent us . though fools may imagine our griefs are emergent , a fart for our foes , and the pox take a serjeant . several books printed for samuel speed , and sold by the booksellers of london and westminster . folio . pharamond , the fam'd romance , written by the author of those other two eminent volumes , cassandra , and cleopatra . the precedency of kings . by iames howell esq actions of the case for deeds . by william sheppard esq memoires on the lives , actions , sufferings , and deaths of those noble , reverend , and excellent personages , that suffered by death , sequestration , decimation , or otherwise , for the protestant religion , and the great principle thereof , allegiance to their sovereign , in our late intestine wars . by da : lloyd a. m. systema agriculturae : or , the whole mystery of husbandry , made known by i. w. gent. quarto . palmerin of england , in three parts . primaleon of greece , in three parts . the jewel-house of art and nature . by sir hugh plat. the womans lawyer . by sir iohn doderige . divine law : or , the patrons purchaser . by alexander huck-ston . the complete parson ▪ by sir iohn doderidge . star-chamber cases . the description of tangier , with an account of the life of gayland , the usurper of the kingdom of fez. the golden coast : or , a description of guinny . the complete copy-holder . by the lord cook. fragmenta carceris : or , the kings-bench scuffle , the humours of the common-side , the kings-bench litany , and the legend of duke humphrey . octavo . quintus curtius his life of alexander the great , translated into english. observations on the statesmen and favourites of england since the reformation , their rise , and growth , prudences , and policies , miscarriages , and falls , during the reigns of king henry viii , king edward vi , queen mary , queen elizabeth , king iames , and king charles i. by david lloyd a. m. an abridgement of the reports of sir george crook's three volumes . an abridgment of the reports of sir francis moore . the roman history of lucius florus englished . the city and countrey-purchaser and builder , with directions for purchasing , building , and improving of lands and houses in any part of england . by stephen primate gent. a brief chronicle of the late intestine war , in the three kingdoms of england , scotland , and ireland , from the year , to the year . by iames heath gent. ovidius exulans : or , ovid travestie , in burlesque verse . twelves . arithmetical recreations . by w. leybourn . machiavels discourses , and prince . finis . the royal favourite clear'd with an admonition to the roman catholicks, and an address to his royal highness, james, duke of york, &c. by a barrister of the inner-temple. garbrand, john, b. or . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing g estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the royal favourite clear'd with an admonition to the roman catholicks, and an address to his royal highness, james, duke of york, &c. by a barrister of the inner-temple. garbrand, john, b. or . [ ], , [ ] p. printed for james vade, at the cock and sugar-loaf, near st. dunstan's-church, in fleet-street, london : . the epistle dedicatory signed: j.g. [i.e. john garbrand]. "an address to his royal highness james, duke of york, &c." has caption title on e . final leaf bears advertisement. reproduction of the original in the trinity college library, dublin. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - -- early works to . england and wales. -- sovereign ( - : james ii) -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion the royal favourite clear'd : with an admonition to the roman catholicks . and an address to his royal highness , james , duke of york . &c. by a barrister of the inner-temple . london , printed for james vade , at the cock and sugar-loaf , near st. dunstan's - church , in fleet-street , . an epistle dedicatory . to the right honourable sir john moore , lord mayor of london . may it please your lordship , i hope it will not create your wonder , that an unknown hand should dedicate these few sheets to your lordship's patronage ; whil'st your own loyalty is eminently expressed in the daily service of your king and country . and , as your lordship's place is great , so is your care and prudence : a remarkable instance of which we lately had , when the picture of his royal highness , the duke of york , was rudely defaced by the assassination of a wicked person , wherein your lordship's endeavours did so readily appear , and your zeal to have the barbarous act discovered ; that there seemed nothing wanting in your lordship , to satisfie the king , and kingdom of your utter abhorrence of so foul a deed. therefore , to your lordship i bring this little treatise , that you may , with your acceptance , vindicate the reputation , as well as person , of this most illustrious prince , in whom all things center , that are good. and if i have wrong'd his royal highness , or your lordship , by rudely expressing my honest meaning herein declared ; i shall need no other satyr , than a self-reflection , or punishment , then what i shall be ready to inflict upon my self . but whatever happens to me for my own unworthiness , my greatest happiness will be to have truth appear , tho through a cloud ; and slander punish'd , tho justice triumph in the overthrow of my imperfections . i am , my lord , your lordship 's most humble servant , j. g. to the reader . i should appologize for my self , for writing against so many men , and for encountring so many loads of paper with a few single sheets , were i convinced they had any authority for what they say , or write ; who have nicknamed his royal highness , the duke of york , traytor , or papist : but since i have no other cause to believe the discourse , than the fickle , and unthinking humour of those who have followed the dictates of a discontented party ; and would , at the same time , have misnamed the government , had it not been wary of their proceedings and , on the suddain , arraigned their actions ; i know no reason , why i should not speak my opinion , as well as such whirlygig-state-projectors ; especially , since the sence of what i here write , is signified to us by such authorities , that we have no need to question the truth of them . therefore , judicious reader , i shall recommend this little treatise to your serious consideration , and i hope it may prove good physick this spring time , to our sir politick-would-be's , who ever rejoyce when the government is at a default , though the blot be for their advantage : and then if any wicked states-man will but hound them on , o what a noise will they make ! though not half so well well coupled , as an indifferent pack of beagles ; and 't is their eager pursuit , generally , that makes them loose their credit . but this is not sufficient : i may be ask't , what i have to do to concern my self with the duke's religion , or loyalty ? to the candid reader , i hope , this will be a full answer : ever since i was eleven years old , i have lived under this government , as it is now established ; and my heart has hitherto blessed the king , and i have wished him success in all his undertakings ; and i have had good cause to do so , since his majesties laws are a delight , and need not be grievous to any of his subjects : on this bottom i justify my self , in writing upon this subject concerning the duke , who , by all loyal men , is lookt upon to be a good subject , a dutiful brother to the king , and one that seeks the interest of the nation : whereas those who say the contrary , and give him the name of papist , and traytor , do generally shew themselves to be of disloyal principles , and such as the nation have little reason to credit . and from hence i infer , that those who are obedient to his majesty , will love the duke of york ; because the duke's principles are ( as all good subjects ought to be ) to serve god , and honour the king : and therefore , his being slander'd with the name of papist , traytor , enemy to the king , and kingdom , or any other name , that the giddy heads of these idle people can imagine , can make no other impression in the hearts of wise men , than to raise a just indignation against their malice , and a heart endeavour to prevent the danger that may ensu● from such ungodly proceedings ; which ought to be the endeavour of every good christian , and every loyal subject . the royal favourite clear'd . there was a time ( in the year . ) when this illustrious prince , james duke of york , seem'd to the morose , and ruder sort of people , to lie under a cloud ; and the factious , at that time , seem'd to eclipse his glory : and then to assert his royal highness to be a good subject to his majesty , and that there were no reasonable arguments ever brought to prove him a papist , was all one to them , as to have affirmed , that the pope was infallible , or that the real presence was in the elements of bread and wine after consecration , and as little it would have been believed . yet some there were , even in that time , ( whereof one was my intimate acquaintance ) that had the courage , and the honesty , to justify the dukes loyalty , and to beat back all the arguments then used to prove him a roman catholick . i shall therefore take his method , and introduce my discourse with those reasonable arguments that make most to my purpose , and cannot without impudence be deny'd . for , what can be more demonstrably plain to prove the duke a protestant , than the words of the act of parliament , car. . to throw popish recusants out of all offices , and places of trust , and to displace them from the household , service or imployment of his majesty , or of his royal highness , the duke of york . is here not the king , and his brother , wisely considered by this act ? does it not fence them about , and guard them from jesuitical approaches , that might slyly insinuate themselves into courts and imployments , without a test ? now , since god and nature has provided so well for us , as to give us so wise a king , and so illustrious a prince ; both springing from the loyns of that most glorious martyr , charles the first , our late king , who dyed for the protestant religion : can we exercise our jealousies over again , and dodge with the government with pitiful scruples , and wrestings of such generous expressions , and confidence the then parliament had of the duke , at the time of making that act ? against so plain an exception of his person , the direct words of which can never allow him to be in the penalty of that law ; though , at that time , the duke might see occasion to lay down several of his great offices , which might make some sort of men conjecture it was done for that end and purpose ; as if it were not sufficient to belie one prince to his grave , but we must endeavour a second time to do so in his issue ; and as if the malice of one age were not enough to make a nation miserable , but that it must be intailed upon their posterity , to render it utterly destroy'd in the next . were it not that the eyes of the greatest part of the nation are opened by these , and the like observations , t were probable , we might once more suffer under the like circumstances : but , thanks be to god , who has put it in the heart of our king , to guide us in the ways of peace , and to bear with the infirmities of those who have been grievously infected with anti-monarchick , and destructive principles . and , what can the parliament mean , when they made an act in the thirtieth year of car. d . to disable every person from sitting in the house of parliament , that would not take the test ? to make a proviso , that it should not extend to the duke of york ; were it not that they valeued him as a person of that honour , and generosity that they could do no less than distinguish him from the rest of his majesties subjects , especially since he is so neerly related to the crown , has so well deserved of the king , and has been so often thankt for his good services by themselves : this is so plain , and the character of a papist fixt upon the duke so malicious , that it needs no vindication , were it not to undeceive a generation of men whose fathers having suck'd in the poyson of rebellion in the last age , have made it their utmost endeavour , to introduce it in this . can any thing give us more assurance of his royal highness , than the words of the best of kings , who in a speech to his parliament on the th . of march , in the year of his reign , told them , he had commanded his brother to absent himself from him , because he would not leave the most malicious men room to say , he had not removed all causes , which could be pretended to influence him towards popish councels . is here not a reflection on the king himself by the most malicious , which the king is pleased to take ▪ notice of ? and , when he commands his brothers absence , is it not to stop the mouths of the malicious ? and , their spiteful calling of the duke , papist , or his inclining the king towards popish councels , call'd by his majesty , any thing else than a pretence ? what then shall be said to such malicious pretenders , if even their own request granted , though never so unreasonable , will not give them satisfaction ? it behoves therefore his majesty's good subjects , to be more unanimous , and hearty to one another , that so it may break the hearts of all malicious pretenders , who , under the mask of liberty , property , and religion , endeavour the destruction , and ruine of the king , and kingdome : who can hence forward be so blind , and sottish , to credit a correspondence between the pope , and the duke of york , for the bringing in of the roman catholick religion , as has been pretended ? and , who can , for the time to come , imagine letters and intreagues of that nature , when the utmost of the design that has hitherto appeared , supposing those letters to be the duke's , can reach no farther than a civil behaviour , which is due to the turk , mogul , or king of morocco ? we are obliged to trade in those countrys ; yet we cannot , with safety and security , without a correspondence : and , who are so proper to transact such affairs , as the prime ministers of state ? from what has been said , 't is monstrous to raise a belief of the duke's recusancy , from the king's speech , which clearly explains its self ; or from the afore-recited acts of parliament , which many would interpret to the prejudice of his royal highness , though the nemine contradicente of the house of commons , on sunday april . does even then credit its own report , with no other reasons than what may seem to the judicious reader , to be here fully answer'd : and it must the rather be thought so , when the triple vote of the house of commons was afterwards incountred with the opinion of the house of lords , who rejected the bill against the duke , because they were not so satisfied . now having deliver'd to you the glorious condition of a happy favourite , seated on the right hand of majesty , as well by his own merit , as his princes choice ; who was honoured and esteemed by good men , and was a terrour only to the bad : let us trace him from white-hall , driven by the impetuosity of his enemies , from the presence of the king , and luster of a court , into a solitary banishment : let us observe him leaving our shoare , and rendring himself to the unconstant ocean , which is not yet so unsettled , as the land from which he parted : and , though many waves lifted up their voices against him : yet , by the greater number , let us consider him ( though among enemies ) wafted into a safe harbour : for , being a noble foe , he could fear no danger in his misfortunes , when in his triumphs he could not insult over his adversaries amongst forreigners , his cardinal vertues ( so much slighted by us ) made him more honoured , than he was here , with the addition of his guards , and dignities : there , amongst the most zealous papist , he was lookt upon as an injured protestant prince , bearing the figure of his father's goodness and constancy : there , he propagated our protestant doctrine , whilst here he was falsely surmised to endeavour its destruction : whilst he was there , with those who would have been glad of any opportunity to affront our nation , he manifested so much duty and loyalty , so much love and respect for his king and country ; that he made faithful friends and ally's , of those that might otherwise have been our mortal enemies , and would have trampled upon our religion , and made their will their law : so that the malice of a banishment intended by his adversaries , could not prevent the charactar of a peace-maker , a worthy patriot , a grand polititian , a friend ( as well as brother ) to the king , a joseph , a preserver of those that dispitefully used him , and trayterously sought his ruine . thus are the false achitophels mistaken , and , against their wills , are saved from the danger they would avoid by him , whom they intended to destroy . but now , it is time to consider of his return : our vigilant king sitting at the helm ; and carefully watching every motion of the government , found it necessary so prudent a states-man should not always lie under hatches : he no sooner spake , than all who loved the king had their eyes upon the shoare , and their dayly prayers for the duke were , that the seas and winds might render his voyage pleasant and delightful ; and that each gentle gale might direct him into the harbour of our hearts and armes , that we might deliver him safe into the embraces of his king and brother . behold him come , his sailes fill'd with honour and renown ; though surly nereus , dreading his own overthrow , had laid an ambush behind a mountainous wave , to encounter him : but he was not to be overcome in those seas , on which he had victoriously rode high admiral : to him , neptune must bow , though armed with his trident , and mounted on the leviathan . and one would guess , 't was in pursuance of this league marine , that he so lately sent in his high and mighty flouds to invade the low countrys , lest himself should be again controuled by that dreadful power he never could withstand . therefore in vain do you strive , you handful of discontented common-wealths-men , in vain do you set yourselves against this hero , you shall be forced to contribute to his greatness , whom all the world admires , even your meritorious sufferings shall add to his glory . and now ( kind reader ) take one view more , and then farewel : behold the king like solomon , in the mid'st of the multitude of his councellors , consulting the safety of himself , and of his kingdoms , dispencing his gentle influences every where , and like a deity , warming the coldest corners of the land : and then cast your eyes on a rebellious , and stiff-necked nation , such as israel was of old , wanton with ease and plenty , froward and discontented ; who would never serve their god , but only as they pleased , nor obey their prince in any of his just commands . and after this prospect review our hero , whose vertues are a task for the whole world to imitate . and see him in obedience to his kings commands , making an easy progress into the hearts of these untameable people ; though the way that leads to their hearts , as well to as their country , is naturally subject to many difficulties : see him settling , confirming , and giving a lustre to that religion that here we would exclude him from , together with his birth-right , and make him wander for a god , as well as for a country . behold him incouraging the kings loyal and good subjects , and reducing the unsettled minds of a discontented party into their due obedience . thus , our high commissioner has god and the king , religion , and loyalty to justify his proceedings ; whilst those who damn him , with their pretended god with us , are like to suffer heavens vengeance for their presumption , if god gives them not the grace of repentance . now , from these and several other reasons that may be given , i hope there is none that will be so foolish , or obstinately wicked , as to persist in the opinion of the duke's separating himself from the interest of the king , and kingdom , after so many instances to evince the contrary : but if any sort of men can be so crazy , or mad , to continue in so palpable an error ; the world must conclude them busy bodies , and medlers in what they have nothing to do ; common-wealths-men , trayterous associators , and such as would disturb the present government , and for a livelyhood would wish our waters as much disturbed , or more then the hollanders were , by their late inundation : and whilst these incendiaries remain , faction cannot be thought strange , or rebellion quite out of fashion . especially , when his royal highness , king's only brother , shall be assassinated in effigie , for want of a fitter opportunity to exercise their malice upon his person : t is against the duke they lay their seige , against the duke they ingage a party : but the government is not so unwary , as not to provide against their dangerous approaches , knowing their squint-eyed revenge carries with it a malicious intent against the person of his sacred majesty . but to conclude , were i to give my opinion what remedy might best serve to cure this kings-evil , it should be to be touch'd , were it not so universal that it would prove the greater evil of the two , in bringing a consumption upon the kings exchequer , which none can so well remedy , as a loyal , grateful parliament , by making a bountiful return to their most gracious king and governor : i shall say no more , who am but a wellwisher to the king , and kingdom : only , may heaven preserve his majesty , and this government , as now establish'd ; and may his majesty have a long and happy reign ; and when he has finished his days , may his memory be renowned to future ages , as his clemency and goodness has been manifested to us , and the rest of the world , in this. an admonition to the roman catholicks . i am sensible , whatever you hold of the infallibility of the pope , that you , who are of that perswasion are not infallible ; otherways , you would not have insinuated an opinion of the duke of yorks being a papist amongst the king's leige people , and at last , suffer your selves to be mistaken ; notwithstanding , at that time , you had drawn so great a party of the king's subjects into your confederacy . it was a malevolent conjunction , and had an ill aspect on the government ; and render'd it unstable , and tottering , even in the opinion of those who guided the great affairs of state under his majesty . it was therefore your very good luck to lay hold on the horns of the altar , to seek the mercy of the king , whom you have highly offended ; such mercy , and such goodness , you could never expect in any other age : the justice of the kingdome cry'd alowd for vengeance against your plots , and designs against the life of the king , his royal brother , and friends : yet , you see , those very lives which were trayterously intended to be taken away , are now interposing between you and danger : and the second person in the kingdom , is here mediating with the king of england , to remember mercy in justice , and to spare those who have no reason to expect any favour , since they have so highly offended : therefore may it now happen to you , as when our saviour gave that kind admonition to his criminal : go , sin no more , lest a worse thing happen to you . for in vain you perswade the ignorant and simple people , that our princes are papists , and our ministry and gentry popishly affected : when their pious resolutions , as well as interest , are never to return again to the slavery of the papal-see , upon any opportunity whatsoever . therefore let me advise you as a friend , joyn not with those dissenters , which your selves have made ; assist not in their meetings ; fill not their congregations , neither reconcile them to rome , nor draw them from their allegiance ; but suffer them rather , with your selves , to be converted to the communion of the church of england , and to the government of the king , renouncing all forreign powers , and jurisdictions , which may alianate your affections and obligations to our present government , as by law establish'd , either in church , or state. this is the way , walk in it ; and those who bold out to the end , shall be happy . an address to his royal highness james , duke of york , &c. welcome , great prince , thrice wel-come to a land , where even your foes stretch out your command ; and make you fitter to assist the crown , whilst , at their charge , you purchase in renown : this they perceived , and spitefully seem'd good , tho' now their wicked plots are understood : 't is they , who sought to undermine the throne , who call'd you traytor , and would prove you one in hell they laid their scene , and their consult was a packt juncto ; treason , their result . but you run counter to their deep designs , and ferret them about with counter-mines . no poysonous vapours from the shades below , nor sullen treasons from vile men can s●●w : no state disease , or forreign evils sell , but you exhale , or wisely can expel . your strickt example is a vertuous spell , to better good , and make the bad do well . thus , whilst to duty you do shew the way , in different orbes we constantly obey : making great charles sit safely in his wain , and rule the world with a soft gentle reign o happy king ! o happy we ! that can trust in a prince , rest in so just a man ! finis . some books lately printed for , and are to be sold by james vade , at the cock and sugar loaf , near st. dunstan's church in fleet-street , . the nations interest , in relation to the pretentions of his royal highness james duke of york , discoursed at large in a letter to a friend . the grand inquest ; or a full and perfect answer to several reasons , by which it is pretended his royal highness , the duke of york , may be proved to be a roman catholick . the 〈◊〉 and method of his majesties happy restauraration said open to publick view , by john price , d. d. one of the late duke of albemarl's chaplains , and privy to all the secret passages , and particularities of that glorious revolution . a 〈◊〉 memento both to king and people , upon this critical juncture of affairs . these books following are printing for james vade , and will speedily be published . the history of the western empires decay , since charles the great , concerning the regalia , now in dispute between the king of france , and the pope : written in french by father lewis maimbourgh , and translated into english by an eminent gentleman . the life of king almansor ; or , the compleat model of a good prince . written by the virtuous capt. ali abencufian , viceroy and governour of the provinces of dacque in arabia . first written in spanish , and translated into french by monsieur dobeilh ; and turn'd into english by a. p. gent. some considerations upon the question, whether the parliament is dissolved by it's prorogation for months? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some considerations upon the question, whether the parliament is dissolved by it's prorogation for months? carey, nicholas. holles, denzil holles, baron, - . p. s.n.], [london? : . "the two statutes upon which this question depends are: . edvv. cap. , item it is accorded, that a parliament shall be holden every year once, and more often if need be, . edvv. cap. , item for maintenance of the said articles and statutes, and redress of divers mischiefs and grievances which daily happen, a parliament shall be holden every year, as another time vvas ordained by another statute. "this tract has been attributed to nicholas carey and also to lord holles, but there is no evidence that it was written by either of them. (see journals of the house of lords, march, .)." cf. bm and halkett & laing ( nd ed.). reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - aptara rekeyed and resubmitted - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion some considerations upon the question , whether the parliament is dissolved by it's prorogation for months ? the two statutes upon which this question depends are , . edvv. . cap. . item it is accorded , that a parliament shall be holden every year once , and more often if need be . . edvv. . cap. . item for maintenance of the said articles and statutes , and redress of divers mischiefs and grievances vvhich daily happen , a parliament shall be holden every year . as another time vvas ordained by another statute . printed in the year , . some considerations upon the question , whether the parliament is dissolved by its prorogation for months ? the two statutes upon which this question depends are edvv. . cap . item it is accorded that a parliament shall be holden every year once , and more often if need be . and , . edvv. . cap. . item for maintainance of the said articles , &c. a parliament shall be holden every year , &c. i. the first point in this case is , whether these tvvo statutes are still in force and not repealed ? they are not repealed by the act that repeals the triennal act : that being no way contrary or inconsistent with the two former laws , and therefore doth not derogate from them . if we have not a parliament every year the king neglects the two former statutes . but if we have not a parliament in three years the king neglects not only them , but the last statute of his own making . there is a rule in law , that if laws and statutes seem to be contrary , the one to the other , yet if by interpretation they may stand together , they ought so to do . in this case there is not so much as a seeming contrariety . rol. rep. part . . fol. . so likewise , fol. . if a statute extend in words to repeal another statute , yet if the intent of it was not to repeal it , it shall not be repealed . and it is evident , there was no intention to prejudice or weaken these laws , both by his majesties speech , made the of march , to the parliament ; as also sir edvvard turners speech ( then speaker of the house of commons ) made the of may , at the conclusion of that session . the offence taken was at the manner and means in and by which the act of king charles the first did appoint a parliament to be assembled . and not only the title of this act declares they intended a repeal , but of one act , viz. that of king charles the first , ) but also the very act it self mentions and allows these statutes of edv. to be laws in force , and approves them . but if there were as there is not any colour that these statutes are hereby repealed , yet it is plain that the statute of the th . of car. . cap. . ( which should make the repeal ) is not to take place till after the determination of this parliament . the words are , that hereafter the sitting and holding of parliaments shall not be intermitted or discontinued above three years , but that vvithin three years from and after the determination of this present parliament , &c. your majesty , &c. do issue out your writs , &c. here the enacting part of this clause doth not take place till after the determination of this present parliament . and the word ( hereafter ) in the begining of the clause , has clearly reference to that time ; and with what grammer or sence doth this redition ( but that , &c. ) otherwise correspond to the preceding words , which will be plainer , if you suppose it penn'd , but that vvithin three years from and after the end of tvventy years , next ensuing ; shall not in that case the word , hereafter , refer to the end of twenty years , and if this parliament survive this progogation there may not be much odds in point of time , whether of the two wayes the clause had been penn'd . that the kings of england have not duely nor constantly observed these statutes ever since their making , doth not render them of less force ; for the kings omissions to fulfil a law , or his personal offences , can never be drawn into question judicially , because the king is not under any compulsion , nor accountable to any court , and is so far , and in such respect solutus legibus ; but all acts of the king contrary to law , are adjudged to be in deceit of the king , and the law voids and nullifiies all such acts , hobart . page . ii. the next point is , whether the king is bound by these statutes , and vvhether it is in his povver to suspend , supersede or dispence vvith them . the king is the only person that can be meant or bound ; for he it is that is to summon or ●●ld parliaments , and therefore the statutes intend to oblige him , or else they intend nothing , and the laws for parliaments , that secure our religion , properties , and liberties , are become onely advices and counsels to the prince , with no obligation further then the princes present thoughts of their expedience . it is a rule in law , when a thing is ordained that implies any act to be done proper only to the king , the king shall be bound by a general act. case of warren and smith . rolls , . rep. fol . these statutes are in pursuance of the common law , and the king cannot dispence with the common law. the mirror of justice , a very ancient and authentique book saith , cap. . sect. . that it vvas a lavv in king alfred's time , that parliaments should be holden tvvice a year . and all our antient histories testify that f●rmerly parliaments were held at the three great festivals every year . co. lit. . . it is a general rule in law , that the king cannot dispence with any statute made pro bono publico , cook rep. . . in the case of ecclesiastical persons , the judges in parliament declare , that the king being the head of the common-wealth , cannot be an instrument to defeat an act of parliament made pro bono publico . plow . com. , . . co. rep . . the king cannot dispence with , but is bound by statutes made concerning courts of judicature . stat. . r. . ca. . . r. . cap. . & . h. . c. . made for restraining the jurisdiction of the court of admiralty . king j●mes , by his letters pattents granted to the admiralty larger authority and judicature than those statutes did allow , with a clause of non obstante to those statutes , the common-law-courts grounding themselves u●on those statutes granted prohibitions contrary to the letters pattens , and thereupon the said admiral complained to the king and all the judges then gave their opinions , that those statutes did oblige the king , and that the king could not by his letters pattents go contrary to those statutes . co. jurisdiction of courts fol. . , . the subjects have the same right in the courts of judicature , as they have in the laws , and the same right to the laws as they have to their estates . the statute . edvv. . chap. . commands the justices that they shall not delay doing right in any point notwithstanding any command by greator privy seal , and the statute of . edvv. . cap. . is to the same purpose . fitzherbert hath a writ upon these statutes requiring the judges to proceed notwithstanding any such command , nat. brev. . that those laws of ed. . for annual parliaments are pro bono publico , and of the greatest concern to the nation , besides they are made concerning the highest court of judicature , of the dernier resort , and which regulates and keeps all the rest in order , needs not a proof to any reasonable man nay , the kings in parliament have very often own'd it . one of these statutes viz. . ed. . is express in this case ; for that statute begins with the confirmation of magna charta , and charta de forresta , has three other articles for remedy and redress of mischiefs by the kings officers and purveyors ; so comes to an article for relief of the subject by original writ out of the court of chancery ; and then for mainteinance of the said articles and statutes , and redress of mischiefs and grievances which daily happen , this article that a parliament shall be holden once a year , was enacted . and this atticle was held of that consequence , that in the next parliament following , . ed. . cap. . magna charta , and charta de forresta , are confirmed with the word especially to the acts of the preceding parliament ; as if they thought those charters would be rendred ineffectual to them , if they were not secured by annual parliaments . the king may as well discharge magna charta , as these statutes that are made for the maintenance of magna charta . reason will tell us , if we consider the nature and business of parliaments , that we ought to be secured of them within a time certain , and the law has prescribed this of a year and no other to be that certain time . the parliament rolls ed. . no. . and the . r. . n. . are both express in the case , and that because the parliament is the only court wherein the subjects can recover their right without the fear of delay , or the oppression of great men. and how could they answer any of those ends , if the time prescribed by the lavv , be not punctually observed ▪ an absolute and direct law , and not sub modo , as under forfeiture of such a sum , or such a penalty , cannot be dispensed with by the king , but all his acts against it are nullities , nay this reason and rule is extended to common persons and cases ; that when a statute prohibits a thing to be done , it makes a nullity of any thing done against it , if there be not a penalty limitted in the statute for the breach of it . our king in his answer to the house of commons of the of feb. declares , that he doth not pretend to the right of suspending any laws wherein the properties , rights and liberties of any of his subjects are concerned . and all our properties , rights and liberties are bound up in those laws of annual parliaments . but this fancy of dispensation , cannot take place with any man that considers the first of these two statutes , viz. that a parliament shall be held every year once , or more often if need be . where the king is left only judge of the need of a parliament oftner than once a year ▪ but whether the king see need or no , it is absolutely , positively and peremptorily ordeined , that a parliament shall be holden once a year . and to make any other interpretation of the said law , is to suppose that the parliament did by that act change the common-law , which gave us a right to annual frequent parliaments . and deliver it wholly into the will and pleasure of the king . and so the next statute of . ed. . is to be reduced to this sence , viz. for maintenance of the said articles and statutes an redress of divers mischiefs and grievances which daily happen , a parliament shall be holden every year , or once in years , as the king please . but admit the last words of the statute of the th ed. . ( if need be ) runs to the whole sentence , yet according to this sence , the king is obliged to call a parliament within the year if there be need , and a prorogation for mouths puts it out of his power to call them what ever need there may be . neither will the preamble of the statute of the . eltz. chap. . help the matter , it would be very hard , that a preamble of an act of parliament should repeal or enervate statutes of that consequence , especially when the enacting part hath not a word to that purpose : but in truth this preamble is far from an allowance , for it is a complaint of parliaments not being so often holden as in antient time , whereby the subjects of this realm are greatly hindred and delayed of justice . it is worth the considering , how the king should have more power by the law to deprive us of constant annual parliaments , than he had to deprive us of the four terms in the year , or the four quarterly sessions of the peace . in johnsons and norton's case , it is there said , that the king cannot adjourn the courts of westminster-hall intermitting a term , and that to do so vvould be a breach of magna charta , ( nulli negabimus , nulli deferrimus justitiam . ) and is it not as high a breach of the great charter to intermit the greatest court of judicature beyond the time appointed by law ? it is very true the king is trusted with the time when they shall sit , so it be within the year , for that is positively prescribed by the law ; so also is the king trusted with the granting commissions to the judges and justices of the peace , which he may as legally omit and frustrate those laws , as omit the appointing a time within the year by his writ for the parliament to meet . and it is evident , that it was the opinion of that great king , edvv. . that the lavv of the realm is such , that upon mischifs and dammages vvhich happen to the realm , the king ought and is bound by his oath , vvith the accord of his people in parliament , thereof to make remedy and lavv . and in truth there is great reason that the king should be more especially obliged by his oath to the laws of parliaments , that being of highest concern . but to conclude this point with an argument to the capacity of such as do fancy the king can dispence with laws of so great moment and concern . those worthies must allow that where the king can dispence he is not intended to dispence , without a clause of non obstante to the statute he doth dispence with . and there is no such clause in the record of prorogation . iii. if these statutes do oblige the king , the next point is , whether this prorogation be contrary to those tvvo statutes of edw. . and vvhat the consequences are thereupon ? the statutes are , that a parliament shall be holden every year . this prorogation being for above twelve months , intermitts a whole year , for the statutes say , there shall be a parliament holden once every year , or oftner ; and the prorogation saith , there shall be no parliament holden for months , then next to come . it is a foolish fancy to imagine that the statutes are sufficiently answered , since a parliament was holden in . and another parliament shall be holden in ; for in all cases where the law speaks of a year , or a year and a day , it is understood and reckoned for twelve calendar months , to take its relation and date from the subject matter that the act treats of ; if otherwise , the sence of the statute will be , that a parliament shall be holden once in two years . and it is plain that in richard the second 's time it was not so understood : for his first parliament dissolved the th of november , his next parliament began the of october following , where the chancellour gives us the reason for summoning the parliament then , that the king would keep well his covenant in holding annual parliaments . cottons abridg. fol. . if this intermitting a parliament for above an year , be not contrary to these statutes , what can be ? there is no difference to be made of any measure of time beyond a year , and there is no bounds to the time of a prorogation if it may exceed that , it may be as well for ten or twenty years , and yet the judges said in harrison's case , that in every statute there is some bounds set that must be kept . lex & consuetudo parliamenti are dear in this case of annual parliaments , neither will the single uncontested president , passed sub silentio , the th of eliz. alter the law and custom of parliaments ; there the parliament was prorogu'd from the second of october , quinto eliz. to the th of october , sexto eliz. being a year and three dayes , and let it be granted that this prorogation for fifteen months , is as good and valid in law as that : if they are both illegal , the one cannot support the other , no more than her commiting of wentvvorth and another member in october following , in that very parliament , for what they said in the house , shall take away the liberty and freedom of speech the members in either house enjoy by law and custom of parliament . in the case of tythes , twenty years payment will not prejudice him that can afterwards prove a modus decimandi ; in this case we have the common-law and several statutes to prove a modus . the law-books tell us , that silent and sleeping presidents , never drawn into question , shall not alter what is established by law and reason . our annual parliaments are established to us by common-law , statute-law , and the reason even of the government it self . neither can the laws that were made in that parliament be at all weakned by it now ; their validity depends not upon the lawfulness of that parliament , wherein they were made , but upon the distance of time since their making ▪ during all which they have been received without contradiction , and incorporated into our laws . time and general reception , and multitude of interests involved , creates an authority to that which fresh and earlier pursuit would have rendred invalid , as also highly criminal in those that made it . 't were a very hard case if one single act of the crowns , contrary to law , because not observed or contested , should be of force to repeal and set aside the common-law , several statute-laws , and the constant course and usuage in all ages . but if there be any use to be made of this president , it is that it shews us the opinion of that time , that a parliament in every year of the kings reign did comply with the old statutes , but this will do no service in the present case , for as our prorogation is contrived , the year of this kings reign is without a parliament , whereas queen elizabeth's prorogation began the second of october , in the fifth year of her reign , and ended the th of october in the sixth year of her reign . the reason of the government in other cases , as all courts of judicature which are setled by law , and can meet without the kings particular commission , as the courts in westminster-hall , the sessions of the peace , the county-courts , the hundred-courts , the court-leets , &c. are either fixed to a day certain for their beginning , or limitted within a time certain , and all within a year . those that cannot begin without the kings particular commission , ought , ex debito justitiae , to be granted whenever the subject desires it ; especially if there be no other remedy for the subject . so also parliaments are limited within a time certain , which is within a year , for therein the law is positive , but as to the particular day and place , and the duration of their sitting , which could not be so well reduced into a fixed and positive law , they were trusted with the king , as the proper subject of his prerogative . by all this it will appear , that a prorogation for more than a year , is contrary not only to these two statutes , but also to the reason of the government , the law and custom of the parliament , and the common-law it self , and therefore illegal in all and every respect : and an illegal act of the king is void and null in law . my lord hobart speaks very fully to this case , hob. pag. . upon a lapse devolved to the bishop , and at last to the king. where he saith thus . a lapse is an act and office of trust reposed by lavv in the king , the end of vvhich trust is to provide the church of a rector , and therefore tho the king may suffer the church to stand void ( vvhich yet is culpa ) yet he cannot bind himself that he vvill not fill the church , for that vvere injuria , & malum in se , and therefore shall be judged in lavv in deceit of the king. for , eadem mens presumitur regis , quae est juris & esse debet . when it is said , that the prorogation is void and null in law , it is only to be understood that it is so far void and null , as it is contrary to law ; for , the prorogation doth two things ; first , it puts off the parliament and all business before them , and determins the authority they at that time have , and this part of a prorogation can never be illegall , for the king can dismisse a parliament and determine their authority at his own pleasure . secondly , it appointed a time when they shall meet again , and their authority revive . now this part of a prorogation is bounded by the law , which says , a parliament shall be holden once a year , and therefore , if the appointment to meet again be not within a year , it is as if there had been no appointment at all ; and such a prorogation is only a dismission of a parliment and a determination , not a reviveing of their authority . to all this there are some objections which ought to be considered . object . the king might have dissolved this parliament and called a nevv vvithin the year , and therefore these statutes might have been observed notvvithstanding the prorogation . ansv. this is a clear confession of the invalidity of the prorogation , since it is allowed those statutes will not be pursued unless the prorogation be annull'd , and the parliament that subsists by it , dissolved : neither doth the kings power to remedy it by another act , support the validity of this ; for then no act of the kings , though never so much against law , but may be as well justified , he having power left in him to remedy it . if he thinks fit , which is an excellent way of rendering our law arbitrary , and the power of the crown absolute . object . the king hath frequently by shorter prorogations and adjournments intermitted parliaments for several years , vvhich is the same as if he had prorogued them at once for so long time . ans. the case is directly different between these two , the shorter prorogation being within the letter of the law , and those above a year directly contrary , t is very true it is as much a part of the statute , that mischeifs and grievances , should be redressed at the parliament , as that a parliament should be holden ; yet nevertheless , though a king hereafter or in times past , has or shall , de facto , by short prorogations , evade the force and intent of those laws against his duty and oath , that does not argue or prove , that therefore he may , de jure , make a prorogation above a year , which is to repeal those laws : the wisdom of the law doth in such cases put the king to renewing his acts , and to bring them under a fresh consideration , year book . h. . as in the case of pretections , where the kings protections for a year stand good , though several times repeated , yet one and the same protection for more than a year is utterly void . so the king can grant an exception to one single person from serving in juries , and so to as many single persons as he shall find cause , and such exceptions shall be good in law , but the kings charter to exempt all in such a county is void , because of the inconveniencies that ensue in such a case . the kings prerogative extends only for the good of the people , never to their prejudice or great inconveniencies . in like case , the judges have a power to give a day to the parties pleading before them from one term to another , and may renew the giving of a day from term to term , as often as they see cause , but they cannot give a day during life , or for tearm of years , the reason is , that this power or lesser prerogative is intrusted with them for the better dispatch , and not for the overthrow of justice . besides the parliament doth really assemble and sit at the time of every adjournment or prorogation , and the length or duration of their sitting doth not at all concern the state of this question ▪ they may as well say , the king need never call a parliament , because he can by law annually hold a parliament for two or three days , and then end them , not having suffered them to do any of the business of the nation . which is to argue from the kings power abused , which power ought to be exercised for the protection and better execution of the laws , to a nullity of the law it self . to conclude this point , it is no argument to say , the king is trusted , you have no remedy against him , you cannot compel him , for that is the very reason why all illegall acts of the king are null and void ▪ . cok. . where there is a contrariety between the law and the kings single act , so as they cannot stand together , the kings act cannot over-rule and make void the law but the law makes void the kings act ; all the kings acts are under the power , operation and construction of the law , and the law makes them either valid or void , according as they correspond or not with it , d , st. . . iv. since the prorogation cannot revive or continue the parliament unto the th . day of feb. . being in that particular contrary to law , and so void and null : the next point will be . whether the parliament be still sitting , and hath been so ever since the prorogation ? to clear this point , it would be worth the asking , if the parliament should pass acts in february or march next , to what day should they relate ? must the members be allowed their priviledges and their 〈◊〉 during this time ? and a thousand more such like questions would arise . but it is clear that a parliament prorogued is a parliament not dissolved , but continued over to another day ; and when the prorogation is legal ▪ there is a parliament continuing , but not sitting . to express the matter clearer , it will not be un-useful , either to the clearing this point or the better understanding the whole question in general , to explain the law of parliaments in this place . if a parliament meet , though afterward they be prorogued or dissolved before they make any act , yet this in law , while it was sitting , was a parliament holden . the judgements that are affirmed or reversed in such parliaments are good in law , and so are all other their proceedings , and wages shall be paid . a writ of error then brought , would have been returnable at presens parliamentum , and in pleading it is usually said , ad parliamentum incoat . such a day , & ab inde per prorogationem continuat . &c. next , that a session of parliament in law so called , is when there is an act passed , and takes in all that time , that is , from the time of the meeting either by summons or prorogation , until the time the parliament is prorogued or dissolved , for during all that time , they are in law looked upon as sitting , and all that sitting is called a session . next , if a parliament be summoned and meet , and then be prorogued either before or after any acts passed , that this is a parliament continued . therefore 't is parliamett . continuat . per diversas prorogatione usque ad such a day , & tunc tent . therefore parliament and session of parliament are different things ; every parliament must be before it can make an act , therefore it must be and must have continance before it can make a session , and all the while that it hath continuance it is a parliament in being but when it is prorog'd it cannot be said to be a parliament sitting , or that t is then holden , but by the prorogation is put off from sitting , or being holden , but continued . hence you may observe the mistake of the judges in huttons rep. fol. . in not distinguishing between parliament and session of parliament . next , in this case , de facto , there was no sitting , but all departed , and the king hath summon'd them by his proclamation , to assemble upon the th of feb. so the king doth not know they are now sitting . and though this prorogation for the causes abovementioned , be not a legal prorogation , and consequently not sufficient to perform the kings will to continue the parliament , and cause them to meet again on the th of february , yet the kings pleasure hereby declared shall be so far effectual , as that they shall not be sitting in the mean time . for though the king mistakes the law , yet his acts are not void in those parts of them that are agreeable to law. it would be a contradiction in law to say , that a parliament cannot sit but by the good pleasure of the king , and yet be sitting contrary to his pleasure and will declared . v. if the prorogation be void as to the continuing and reviving of the parliament and the parliament be not sitting , the next point is , whether it can subsist sine die ? there is no president since the beginning of parliaments , of any parliament that was once sine die , that ever came together again . so that lex & consuetudo parliamenti is against it ; and if we break through that , a parliament may be any thing , every thing , nothing as the king please , and no man is wise enough to forsee what inconveniencies and mischiefs may thereby break in upon us . whosoever will puruse the rolls and records of parliament , shall find them very exact and curious in seting down the days and places from which and to which they were adjourned or prorogued ; and if a continuance to a day certain be not so necessary that the king cannot dispence therewith , why should the parliament meet meerely to prorogue , as they have done in all times ? why besides the prorogation are there alwayes commissions to continue them over ? and you shall find in the record of . e. . num. . . the king and both houses of parliament , though they had the assistance of littleton and hussy : yet utterly ignorant of this point of learning , a parliament sine die ; they could find no other expedient , but prorogation or adjourning the parliament to a certain day , or enabling the king by a special act of parliament to call them ( upon . dayes notice ) soo●●r . and that with so much caution and legall formalitie , that in the very record of the prorogation , there is a salvo for that act , of parl ▪ and the act it self recited in engilsh , ( for so acts began then to be ) and in hac verba , at the end of the latine record . in this president there are several things remarkable , that they understood not a prorogation or adjornment sine die , to be legal , that if a praliament be prorogued or adjourn'd to a certain day , the king cannot call them sooner ▪ that , dayes noties , being lex et con suetudo parliamenti ▪ the king cannot legally give them lesse notice unl●ss h● be enabled by specall act ▪ of parliament . all ●●●rts and commissions of like nature when all their procedings refer to the first day , and are pro hac vice , viz ▪ court of high stevvard of england . assizes , nisi prius , oyer and terminer . goal-delivery , &c. if they rise without adjorning , they are determined , bro. comis . . iones , . . leo. pag. . for these courts have not certain days and times , like terms to sit , but only a day to assemble , their commission day , and then continne on by adjournment , the reason of law requires as much , if not more exactness in the highest court of parliament , than in any of the inferiour courts ; and the consequences that will ensue on a contrary way of proceeding , will be very fatal . the parliament is like those other courts , they are dissolved by discontinuance , or by being put sine die , and the reason they are dissolved by the death of the king , is because they are thereby discontinued . the statute of the . of e. . ch. . provides in many cases therein particularly expressed , that the death of the king shall not be a discontinuance ; but the case of the parliament and those other courts and commission are not comprized in that statute . so that in those cases , the death of the king remains to be a discontinuance . and further , the writs of summons impower the members to act only in the parliament therein appointed to meet such a day , and also their power from the people as they are representatives , relates only to the parl ▪ summoned by such a writ , on such a day , and all things in law relate to that day , and if there be not a legal continuation from that day , to another certain day , their power by virtue of those wrirts expire . claus. ann . . h. . pt . . the king by writs tested octob. . . h. . summons a parliament to meet the third of december following ; but after judging that day inconvenient , because of christmas , by new writts tested . nov. . h. . he makes a new summons . this new summons did really make a new parliament , for it made a new election ; the king having once issued out his writs , could not support or continue that parliament , but by their assembling and meeting together , and being prorogued or adjourned to the day he intended , which being at that time inconvenient , he was forced to issue out new writs , and cause the people to make new elections . dyer . so that the opinion , that when a new parliament is summon'd , a new day may be appointed without their meeting , was not known to be law in that age. neither doth the president of . eliz. prove any thing to that purpose , for in that case the parliament did meet the d of january , and did also appoint the tryers and receivers of petitions , and was prorogued by the queens commission to the following . if we should once depart from lex & consuetudo parliamenti , let this following instance amongst many be considered ; a king , or a protector , in the infancy of a king , shall prorogue a parliament sine die , and when they are all dispersed to their several habitations , he shall in three dayes notice summon lords , and commoners , well principled , well paid , and near at hand for his purpose , he may in few days change the religion , subvert the rights and properries of the nation , and enslave the people by authority of parliament , or the protector ( such as he may be ) may alter the succession , destroy our priuce , and place himself in his room . but to all this will be said , the law and custom of parliaments require days notice , which secures us from such a mischief . it is replyed , that there is no stronger law and custom for the dayes , notice than there is against prorogations above a year , or parliaments , sine die , and if the kings prerogative can extend to the more essential parts , it may to the circumstance of the time of notice : the king that notwithstanding our old stautes supported by the law and custom of parliaments , can prorogue a parliament to a time never so remote , or , sine die , ( that is , to no time ) which is farther distant if he pleaseth , and hath no end but with his life , can by the same prerogative make the time of notice as short as he please , that being piescribed by no statute , and only depending upon the law and custom of parliaments , and has been invaded by a more dangerous president than any other point of the law and custom of parliament has been . hen. . the first day he came to the crown , summons a parliament by writ to the sherffe , returnable the . day ; he durst not venture upon a parliament discontinued , and so disolved by the resignation of ri. . though they assembled but the same day that his writtes went out for a new , and notwithstanding they were such men as he planly approved of , yet new writs of sumons and a new return of the sherifs was thought essential at that time . to all this is objected that ano. . of e. . the parliament was dismised the . of march without limiting any day certain , and it doth appear , that an order was made in pleno parliamento on the . of april following , so that the same parliament dismissed , sine die . was recalled and sat again , ryley , . . . to this is answered that this record will not be of validity to change our laws , and constant practice of parliaments ever since they were setled . the original book in the tower ( of which ) riley , is a copy ) was but extracts out of the close rolls , and some parliament rolls since lost , and a mistake in trancscribing the date of the record may very easily happen for that the former leave given was a disolution is eviedent , becase the members of the house of commons tooke out there writ for wages , whith in those times , was never taken out till after the parliament was dissolved . and , if to be dismissed , sine die , be a disolution , the question is gained ; and is matters not much , whether this be an order of the prelats and temporal lords , with advise and assistance of the privie council and judges , for these were all ordered in the dismision to stay behind and attend . and the words , in pleno parliamento , might be inserted , to distinguish it from an act of the privie council alone ; which is the more probable , both because the nature of the order is such , as the kings counsel alone could have made , and the distance of time from the th , of march , to the th . of april , was too short for a recealing of the members ; and too long to suppose them to have continued of themselves neer the court , and within call or whether the king did call the same parliament after a dissolution , which the same king had don in the , year of his raign , and his son ed. . did in the ninth year of his : both which were upon a pretence to advise with him , and we have no lawes extent of their making ; for this does but argue ; that the 〈…〉 parliaments were not yet fully settled , haveing suffered lately in the end of h. . time a great alteration , and this vigorus and might prince edvv. st . was attemping to extend his prerogative , so that we have other presidents of a like nature , as the summoning of one knight for every county , and one citizen and one burgess for every city and burrough . but both these , and the former prsidedents , have been long since condemned and fully settled on the peoples side , this latter . ed. . num. , . confirmed . e. , n. . and the former the . e. . numb . . item prie lee commune que pleite establier per statute in ceste present parliament que chescun ann soit tenus un parliament de faire correccions en royalme des errors & fauxetees ; si null y soynt troves & que les chevaliers des countees pur celles parliaments , soyent eslus per commune election de les meilleur gents des dit countees , et nemy certifie per le viscount soul sans diu election sur certeine peine . res. endroite diu parliament chescun anne il y dyent estatutes & ordinances faits les quex soyent dament gardes & tenus et quant al article del election des chevalier qui vendroient a parliament le roy voit quils soynt eslus per commune assent de tout le countee . this record is worth the observing ; it has not only setled the point , that our kings could not have the same parliament after dissolution , or being sent home returned again upon his summons , or writs to the sheriffs , but settles that the people of england ought not only to have a parliament every year , but a new choise . to conclude this objection , let it be considered how weak a proof the date of this order is in so great a point , to prove a parliament recalled after a dismission sine die , would require journals of their sitting , writs by which they were summon'd , or for wages , or acts which were allowed to be in force , and of such a nature , as none but a parliament could do ; none of which are in this case . vi. if the prorogation be void , the parliament not sitting , nor can subsist sine die , then the last point is , that it must be dissolved . it will be hard to find a president of a parliament that was neither sitting , adjourn'd , prorogu'd , or dissolv'd ; this is none of the three former , and therefore must be the latter , viz. dissolved . if the parliament be not sitting nor can subsist , sine die , and the prorogation be null and void , then what shall bring them together again the of february ? it is very true the king has issued his proclamation for that purpose , but proclamations are acts of grace , to notify and promulgate to the subjects , the laws that are , that they may be kept and observed ; but they cannot alter the law , or any proceedings in law. vvhen was there a parliament prorogued by proclamation ? was not that always done by commission ? and a proclamation served only to give the people notice o● the kings pleasure , to order their occasions accordingly . in the beginning of the late troubles , the king by proclamation adjourned the courts at westminster to oxford , without any writ of adjournment ; and since the return of his majesty , in an affize brought by sir edvvard heath , against mr. pagit for the office of custos brevium , of the court of kings bench ; it was declared in the court of kings bench , that those courts at oxford were coram non judice , and all their proceedings void , and nothing hath been legal of their proceedings ever since . at the time of the chatham invasion , the parliament stood prorogued to the tenth of october , whereupon the king issued out a proclamation to summon them to meet the th day of iuly , at their meeting the king told them , that he had summon'd them vvhen he vvas under an exigence , vverein he thought not fit to rely on less counsel than theirs . and the truth is they were universally looked upon as a council not a parliament . and my lord keeper in his speech on the th of ostob. told them , it vvas a doubt by grave and vvisemen , vvhether or no they could sit and act as a parliament before that day . object . but notvvithst●nding it appcars by vvhat is said , that this parliament is neither sitting or progogued , neither can it subsist , sine die , or by proclamation , yet there are some vvill tell us , that it is the king's prerogative alone to prorogue or dissolve parliaments , and they vvill urge the opinion of chief justice lee , that a parliament cannet be dissolved or determined but ly matter of record , and that by the king alone . hutton rep. fol. . ans. to this may be said , that no man or number of men ( except the king ) can by matter of record dissolve a parliament : it is the right and prerogative of the king alone to do that . but there are several other wayes by which a parliament may naturally or violently come to its end , to make the expression plainer , let this instance be offer'd ; no man hath authority to kill any of the kings subjects without a lawful commission derived from him ; yet any of his subjects may die naturaly or be killed violently , and though the person that did it be liable to punishment yet the subject is not alive . the death of the king or the resignation of his crown , are known and confessed to be the natural , death of the parliament as well as of those other courts , as also the return of the king from a forreign country into england determines a parliament summon'd by his lieutenant in his absence , as appeares expresely by the act of parliament . h. . ch. . the duke of gloucester , the kings uncle , told richard the second of another way . if the king shall 〈◊〉 absent himself from his parliament then sitting for the space of dayes . histor. angli . fol. . if a parliament should continue as long as this , and the king should issue no writs to fill their vacant places , it is more than probable , that would prove a natural dissolution . if the gunpower treason had taken effect , or any such like wicked or sad accident should happen it would prove a violent dissolution of the parliament ; so that cheif justice lee in in huttons rep. fo. . was as much out in point of law , that a parliament cannot be dissolved but by the king and by matter of record , as he was in good sence when he spoke of discontinuance of parliaments by matter of record : primo mariae , was a great question , whether the parliament then summoned was not void ? because h. . c. . and . h : . c. . did unite and annex the title or stile of supremum caput eccleseae anglicanae , to the crown , and this title or stile was omitted in the then writs of summons : some of the judges and queens council thought this was not a necessary part of the queens stile , others thought otherwise , but it was admitted of all hands that supposing the statutes of henry the eighth had extended to have made this a necessary part of the queens stile , the force of the same statutes had made void the parliament ; so that it appeares evidently by this that it was their opinion , that a parliament might be dissolved by the force of former statutes , though the kings express pleasure for the dissolving of it did not otherwise appear upon record . decimo . sept . car. . was an act made that the parliament should not be dissolved , prorogued , or adjorned , but by their own consent by act of parliament : here the kings 〈◊〉 of dissolving parliaments is limited by an act , so that it is plainly subjected to former statutes . the trienal act it self , is an instance beyond exception , this parliament which repealed it , admitted it to have been a binding law , else what need it to have been repealed ? by this act the kings prerogative was limitted both in calling and dissolving parliaments . ex abundanti it might be said , that acts of parliament can bind , limit , restrain and govern the descent and inheritance of the crown it self , and all rights and titles thereunto . this was practised in henry the eighth's time , and in the thirteenth of eliz. the affirming , holding , or maintaining the contrary was made treason during her life , and after her decease , forfeiture of all goods and chattels . neither is there any form of words necessary for the king to use in the dissolving the parliament : if he bids them go home ; if he tells them he hath no further use of them ; or if he say , they may be gone . so also if he prorogue them for a thousand years , it cannot be thought other than a dissolution : the same would be if he prorogued them for a hundred or tvventy years , or any time above a year , which is the boundary the law hath set ; for if you exceed that , what shall the time be ; or who shall have the authority to appoint it ? finis . notes, typically marginal, from the original text notes for div a -e cook , . rep. slades case . leonard . p. . . . crook . eliz. . cook . rep. fol. , fully the case . co. . rep. fol. . dyer , . several orders of the commons assembled in parliament viz. i. for receiving complaints against such members, their clerks or servants, as have received any bribes. ii. that the members absent, forthwith attend the service of the house. iii. that no person that hath been actual against the parliament, or acted by the commission of array, shall presume to sit in the house. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) several orders of the commons assembled in parliament viz. i. for receiving complaints against such members, their clerks or servants, as have received any bribes. ii. that the members absent, forthwith attend the service of the house. iii. that no person that hath been actual against the parliament, or acted by the commission of array, shall presume to sit in the house. england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : iune . . the committee appointed to receive complaints of bribery of members is revived, and is to sit to-morrow at p.m. in the star chamber. they have power to inquire into any allegation of bribery or reward -- cf. steele. order to print signed: h: elsynge, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . bribery -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no several orders of the commons assembled in parliament; viz. i. for receiving complaints against such members, their clerks or servants, as h england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion several orders of the commons assembled in parliament ; viz. i. for receiving complaints against such members , their clerks or servants , as have received any bribes . ii. that the members absent , forthwith attend the service of the house . iii. that no person that hath been actual against the parliament , or acted by the commission of array , shall presume to sit in the house . die jovis , junii , . ordered ( upon the question ) by the commons assembled in parliament , that the committee formerly appointed for receiving the complaints against such members as shall be complained of to receive any bribes or rewards for any business done in parliament , be revived ; and that they do sit to morrow at two post merid ' in the star-chamber , and so de die in diem : and farther , they are to consider and receive the complaints of all fees , moneys or rewards taken by any servant of any members , or by any clerks or officers , or other persons attending upon or imployed by any of the committees : they have farther power to consider of and enquire into any matter of bribery , corruption , alowance or reward , committed or taken in any business that hath relation to the affairs done or agitated in parliament , or by any of their committees . mr. bulkley , mr. reynolds , sir iohn evelyn of wilts , mr. dove , sir thomas dacres , colonel strode , are added to this committee , and the care of this business is more particularly referred unto mr. bulkley . die sabbathi , junii , . it is this day ordered upon the question by the commons in parliament assembled , that all the members of the house be hereby injoyned forthwith to attend the service of the house , notwithstanding any former or particular leave or order to be absent . it is farther ordered , that this order be forthwith printed ; and that the knights and burgesses of the several counties and places do forthwith send this order to the particular and respective sheriffs , requiring them to give particular notice of this order to the respective members within their several counties . die lunae , primo septembr . . votes of the commons assembled in parliament . ordered ( upon the question ) by the commons assembled in parliament , that no person , that hath been in actual war against this parliament , shal be admitted to sit as a member in this parliament . die jovis , junii , . ordered ( upon the question ) by the commons assembled in parliament , that no person , that hath been in actual war against the parliament , or hath acted by the commission of array , or voluntarily , either directly or indirectly , ayded the king in this war against the parliament , shall presume to sit in this house . resolved , &c. that this vote concerning members , and the former vote concerning members to be elected , of primo septembr . . be forthwith printed together , and sent into the several counties . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that these orders be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , iune . . . januarii . his majesties letter to both houses of parliament. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) . januarii . his majesties letter to both houses of parliament. england and wales. sovereign ( - : charles i) charles i, king of england, - . england and wales. parliament. sheet ([ ] p.) printed for f.c. and t.b., london : . [i.e. ] with engraving of royal seal of charles i at head of document. reproductions of the originals in the british library (thomason tracts), and the bodleian library (early english books). eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no . januarii . his majesties letter to both houses of parliament. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion . januarii . his majesties letter to both houses of parliament . his majesty perceiving the manifold distractions which now are in this kingdome . which cannot but bring great inconvenience , and mischief to this whole government ; in which , as his majesty is most chiefly interested , so he holds himselfe by many reasons , most obliged to do what in him lyes , for the preventing thereof ; though he might justly expect ( as most proper for the duty of subjects ) that propositions for the remedies of these evils , ought rather to come to him , then from him ; yet his fatherly care of all his people being such , that he will rather lay by any particular respect of his owne dignity , then that any time should be lost , for prevention of these threatning evils , which cannot admit the delayes of the ordinary proceedings in parliament ; doth think fit to make this ensuing propositions to both houses of parliament that they will with all speed fall into a serious consideration of all chose particulars , which they shall hold necessary , as well for the upholding and maintaining of his majesties just and regall authoritie , and for the setling of his revenue ; as for the present and future establishing of their priviledges , the free and quiet enjoying of their estates and fortunes , the liberties of their persons , the securitie of the true religion now professed in the church of england , and the setling of ceremonies in such a manner , as may take away all just offence : which when they shall have digested , and composed into one entire body , that so his majestie and themselves may be able to make the more cleare judgement of them : it shall then appeare by what his majesty shall do , how farre he hath been from intending or designing any of those things , which the too great feares and jealousies of some persons seeme to apprehend : and how ready he will be to equall and exceed the greatest examples of the most indulgent princes in their acts of grace and favour to their people . so that if all these present distractions ( which so apparantly threaten the ruine of this kingdome ) do not ( by the blessing of almighty god ) end in an happy and blessed accommodation , his majesty will then be ready to call heaven and earth , god and man to witnesse , that it hath not failed on his part . london , printed for f. c. and t. b. . a brief necessary vindication of the old and new secluded members, from the false malicious calumnies; and of the fundamental rights, liberties, privileges, government, interest of the freemen, parliaments, people of england, from the late avowed subversions . of john rogers, in his un-christian concertation with mr. prynne, and others. . of m: nedham, in his interest will not lie. wherein the true good old cause is asserted, the false routed; ... / by william prynne of swainswick esq; a bencher of lincolns-inne. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a brief necessary vindication of the old and new secluded members, from the false malicious calumnies; and of the fundamental rights, liberties, privileges, government, interest of the freemen, parliaments, people of england, from the late avowed subversions . of john rogers, in his un-christian concertation with mr. prynne, and others. . of m: nedham, in his interest will not lie. wherein the true good old cause is asserted, the false routed; ... / by william prynne of swainswick esq; a bencher of lincolns-inne. prynne, william, - . [ ], p. printed, and are to be sold by edward thomas at the adam and eve in little britain, london, : . in part a reply to: rogers, john. diapoliteia. annotation on thomason copy: " ber [i.e. november] .". reproduction of the original in the british library. eng rogers, john, - ? -- diapoliteia -- controversial literature -- early works to . nedham, marchamont, - . -- interest will not lie -- controversial literature -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- history -- puritan revolution, - -- early works to . a r (thomason e _ ). civilwar no a brief necessary vindication of the old and new secluded members, from the false malicious calumnies;: and of the fundamental rights, libe prynne, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a brief necessary vindication of the old and new secluded members , from the false malicious calvmnies ; and of the fundamental rights , liberties , privileges , government , interest of the freemen , parliaments , people of england , from the late avowed subversions . of john rogers , in his un-christian concertation with mr. prynne , and others . . of m : nedham , in his interest will not lie . wherein the true good old cause is asserted , the false routed ; the old secluded members cleared from all pretended breach of trust ; the old parliament proved to be totally dissolved by the kings death ; the sitting juncto to be no parliament and speedily to be dissolved by the army-officers ; the oathes of supremacy , allegiance , fealty to the king , his heirs and successors , to be still binding , continuing : the new commonwealth to be the iesuites project ; ch. stewart not sworn to popery , as nedham slanders him ; the restitution of our hereditary king and kingly government , not an vtopian republike , evidenced beyond contradiction to be englands true interest both as men and christians ; and the only way to peace , safety , settlement . by william prynne of swainswick esq a bencher of lincolns-inne . jer. . , . we would have healed ( english ) babylon , but she would not be healed ; forsake her , and let us go every one to his own country ; for her judgement reacheth unto heaven , and is lifted up even to the skies : the lord hath brought forth our righteousness ; come and let us declare in zion , the work of the lord our god . ps. . . but the mouth of them that speak lies shall be stopped . london , printed , and are to be sold by edward thomas at the adam and eve in little britain , . a brief necessary vindication , of the old and new secluded members , &c. on the . of this instant september , ( during my private retirement in the country for my health and quiet , ) i received . books , fraught with malicious calumnies , bitter scoffs , insufferable reproaches , against my self and other secluded members ; yea destructive to the very fundamental rights , liberties , privileges , government , interest of the freemen , parliaments and realm of england , for which we have so many years contested . the . of these thus intituled , a christian concertation , with m. prynne , m. baxter , m. harrington : for the true cause of the commonwealth , &c. by j : rogers . a most scurrillous pasquil , fraught with absurd impertinencies , conjuring , canting , new-coyned a swelling words of vanity , odious comparisons , bitter scoffs , rayling epethites , b loathsom , stinking obscene queres , defiling the very air ; c boyish tricks , playing with mens names and reputations , ( which he d severely censures in others , yet is most guilty of himself ) displaying him to be , rather a e conjuring sorcerer , than gospel-minister , an apostate scoffing lucian , than sober real christian , standing much in need of the f several pills he prescribes mr. baxster , to purge his filthy stomack , spleen , brain , heart , pen , from such rotten stinking humors for the future ; almost every page in his book , being either g scandalum magnum , or scandalum magnatum , to use his own expressions often distilling from him ; but his h egregious flattery of his own faction . the . interest will not lie : or , a view of englands true interest , by mar : nedham ; which had he intituled , interest will lie : or , a view of englands false interest , by mar. — england ; it had been a true character of it . the first , most furiously chargeth me , and my secluded companions in the van , the later in the rear : the one with whole vollies of fired squibs , more like a whiffler , than a muskateer ; shooting nothing but wild-fire , and i bitter words , without bullets . the other like a trumpeter , rather than a trooper , sounding a fierce charge against us with his trumpet , without wounding us with his lance or sword , which are very obtuse . to avoid prolixity , impertinence , and repetitions , i shall reduce all the material differences between us into . distinct questions , wherin i shall refute what they have published , relating to my self , the other secluded members , the rights , privileges , interest of our parliaments and nation , with all possible brevity ; omitting their personal scoffs , and scurrilities . the . question , between j. rogers and mr. prynne , ( wherein nedham hath no share ) is but this . whether the defence , maintenance of the true protestant religion ; the kings royal person , authority , government , posterity , the privileges and rights of parliament , consisting of king , lords and commons , the laws , statutes of the land , the liberty , property of the subject , and peace , safety of the kingdom , were the only true and good old cause , for which the long parliament , and their armies , first took up arms in . and continued them till the treaty with the king , . as mr. prynne asserts and proves ( like k a lawyer , by punctual evidences , witnesses , votes , declarations , remonstrances , ordinances of both houses ; yea of the army-officers , generals , council , during all the wars ) in his good old cause rightly stated ; his true and perfect narrative ; the re-publicans and others spurious good old cause briefly and truly anatomized ; and in his concordia discors : or , whether the erecting of a new commonwealth , and parliament without a king and house of lords , and majority of the commons house upon the ruines of the late king , kingdom , parliament , since . to . and the reviving of it may . . by some swaying army-officers , and the farr minor part of the old commons house confederating with them , by meer armed power secluding the greatest number of the surviving members , and whole house of lords ; which j. rogers endeavors to prove like a logician , without any evidence , witness , but his own ipse scripsit ; though l professedly disclamed by both houses of parliament , and the army too , in sundry printed declarations , as the highest scandal , never once entring into their loyal thoughts ? when this logician with all his sophistry , anatomy , pills , physick , can make that which was never in being , but since . as we all know , and himself asserts in his concertation , p. , . to be the good old cause ( in being m long before the last parliament of king charles ) for whose defence they first took up arms , in . or , that cause which never once entred into their thoughts , and was professedly disclamed till . to be the cause they proclamed and fought for , from the wars beginning ; he must yeeld up his spurious good old cause , as desperate ; his scurrillous goos-quils ( to use his n own words ) dashing the gall of his ink upon mr. prynnes former papers to little purpose , in this particular ; but to blot them a little , not to answer them a line , nor the argument of them in the least . the . question is this , whether mr. prynne , with the majority of the commons house , and whole house of peers , were forcibly secluded the parliament by the army , for any real breach and forfeiture of their trusts , in . or ever legally impeached , convicted thereof either then , or since , before any lawfull judicature ? this rogers briefly and not very positively affirms , p. . but nedham averrs and makes it his masterpiece , insisting on it at large from p. , to . ( wherein his interest doth nought else , but lie ; ) as the basis whereon his present parliament , and republike are bottomed ; which fall or stand upon the truth or falshood of it : wherein he is so peremptory , as not only to proclame us guilty ( to the present and succeeding generations ) in the highest degree , without hearing or trial , but to pronounce this peremptory sentence against us ; a that not only by the law of necessity ( which they pleaded that acted it ) but by the law of the land , they might have been called to account for their lives in a capital manner : but were favourably , as well as iustly dealt with , in being deprived only of their interest in the house , when as their heads might have béen required . so this headsman , ex tripode , magisterially determines . this question , so highly concerning us in our present and future reputations ; and the right , freedom of parliaments and their members in all generations , i shall more largely debate ; and for ever acquit my self and fellow-secluded members , from this scandalum magnum st magnatum , long since b cleared , refuted by us , yet now revived afresh against us , in the highest degree . i shall desire the readers to consider ; . those who first accused us as breakers of our parliamentary trusts reposed in us , were neither the respective counties , cities , boroughs , who elected , authorized , returned , trusted us for their knights , citizens , burgesses in parliament , the only fit accusers and judges of us out of parliament , who all absolve and justifie us against this calumny ; nor yet our fellow-members , or house of lords , the onely meet impeachers , judges of us in parliament , if guilty ; but onely the general council of officers in the army , who neither elected nor intrusted us ; were only our mercinary , sworn servants , not our iudges ; and yet most notoriously , trayterously , perfidiously violated both their trusts , faith , duties , by waging war against us , and forcibly seising , secluding us , against their commissions , the protestation , solemn league and covenant they had all subscribed . and were these fit persons to accuse us then or now of breach of trust , who are such grand trust-breakers themselves ? . that this breach of trust , was not so much as objected against us by them , before , nor at their treasonable sodain secluding and securing us , decem. . & . . and therefore could not be the true cause of our seclusion , but a subsequent pretence : yea these officers to mutiny the common souldiers against us , told them ; that the members they seised at the house door , were those who pursed up and kept away their pay from them ; and that was the only cause the common soldiers assisted them to secure us , else they would not have medled with any of us ; as they told me and col : birch in the queens court the day we were seised . whereupon i assuring them , it was a grosse untruth ; for neither of us then secured , was a treasurer or receiver of monyes ; they answered , they were informed the contrary by their officers , and were sorry we were thus abused , and kept out of the house upon such a false suggestion . . that they never charged us with breaking our trusts , till near a full month after our seclusion and securing ; and that upon this occasion , as nedham himself relates , p. . upon the armies seising us , decemb. . the members then sitting in the house , sent out the serjeant into the queens court , where we were detained , to command our attendance in the house ; but the soldiers detaining us prisoners , would not permit us to go to the house : thereupon he was sent the second time , with the mace to fetch us in ; but the officers staid him at the house door , and would not permit him to pass : which was entred in the iournal book , as a contempt . being startled with this sodain force on the house , they concluded not to procéed in business till their members should be restored . ( therefore they judged them no breakers , but performers of their trust , when seised and secluded by the army ; ) and in the mean time ordered , that the general should be sent to , to know the reason of the armies proceedings in seising the members ? upon this , the general council of officers not before ianuary . . ( when they had not left members in it ) returned their answer to them , that they were necessitated thereunto ; ( upon meer forged pretences ) and that these members had broken their trusts , which occasioned them to seclude and seise them . a pretty excuse and cloak for so transcendent a treason . . that in this answer , they most falsly scandalized , traduced the secluded and secured members ( as nedham doth in their terms , with some additions of his own ) which i shall briefly refute : . he saith , that mr. prynne and his party heretofore and now secluded , did seclude and separate themselves from the publike interest before they were secluded , p. . but wherein he tells us not . and is this either evidence or conviction to seclude us ? a a quis insons erit si accusasse sufficiat ? ly . he addes , our seclusion is justifiable by lex talionis , because we had some time before secluded the honest party of the house , by encouraging the apprentices who came to the house door , drave away the faithful party ( of which the members now sitting are principal ) so that the speaker and they were forced to fly out of town for protection to the army , &c. and mr. prynne and all his party approved this procéeding . here interest lies for the whetstone : for . mr. prynne sate not at all as a member in the house , till novemb : . being elected but in august before , without his privity , and much against his will : this tumult was in july , . above a year and quarter before ; yet mr. prynne must then assent to it , as a member , and be guilty of it and all his charges , p. , , . before he was a member , and be for ever 〈◊〉 and silenced thereby . ly . there was never the least 〈◊〉 of truth or proof , that any of the secluded mem●ers raised , or encouraged this tumult of the apprentices . ly . most of them , to my knowledge , did then both in publike and private , declare their dislike thereof as much as any now sitting . ly . these apprentices secluded not one member out of the house , much lesse secured any , as the army did ; but only kept most of them in the house , till their petition was answered by them ; upon which they all departed without any future force : after which the house adjourned from monday night till thursday morning , because of the general fast the wednesday following . ly . the members pretended to be forced out of town by this tumult , and to fly for protection to the army , departed not thence , till some army-officers sollicited them by perswasions and menaces to repair to the army and leave the house , against their judgements , as divers of them have confessed . particularly mr. lenthall the speaker being at the fast in margarets church the wednesday following , discoursing with sir ralph ashton , sir benjamin rudyer and . more members sitting with him , between the two sermons ; told them of his own accord ; that there was a scandalous report raised in town , that he meant to leave the house and run away to the army : but for his own part , he had not any such thought or intention , but resolved to continue in town , and to live and die with the other members in the house , if there were cause . on thursday morning most of the members appeared at the house , expecting the speakers coming till near of the clock , and sent or messengers for him . at last they were informed , that he was sent for , and gone that morning to the army . whereupon sir ralph ashton and those who sat with him at the fast , related his words in my hearing ( being then casually in the house ) to the other members , and sundry times since to the house and to my self ; hereupon the members present were necessitated to chuse another speaker pro tempore , ( as they had oft times done in case of sickness or absence , both before and since ) to supply his place , adjourn and dispatch the businesse of the house : so as the speaker and members then departing to the army , without the houses leave or privity , voluntarily secluded themselves , and were neither secluded by the apprentices , nor their fellow-members ; who were so farr from secluding , that they sent sundry messengers to call them to the house , and were highly discontented at this their causless departure from it . ly . these apprentices came without any arms at all to the house , only with a petition ( occasioned by the army-officers encroachments upon the cities militia , and privileges , ) without any intention to seclude or secure any one member , departing from the house that day , and never returning to disturb them after . but the undutifull army-officers , who so much declame against this unarmed force as treasonable ; against both houses votes , orders , letters to them , not only brought up the army to westminster , placed whole regiments of them in arms at their very doors , who secluded the whole house of peers , and above two parts of three of the commons house ; giving the captains of the guards a particular list whom to secure , whom to seclude , and whom only to admit ; but likewise continued their forcible great armed guards upon the houses , several weeks , yea moneths , and detained me with other members prisoners under them two or three moneths ; and that after this pretended force of the apprentices , ( no wayes parallel to theirs , who were purposely raised to guard us , not seclude us ) which they so much condemned ; and the speaker himself in his printed letter of july . with the rest upon their return to the house in their ordinance of august . . so far branded , as to make and declare all proceedings during their absence voyd , by reason of it . therefore what ever other men may do , nedham ( to use his own words , p. . ) and his now sitting party , the army-officers and all their adherents , must henceforth be silent , and for shame lay their mouthes in the dust for ever , as to this particular . for , if our falsly pretended encouraging , conniving at this unarmed sodain tumult of the apprentices in july , . were a sufficient ground for our seclusion from the house as infringers of our trusts ; then their evident , apparent fore-plotted encouraging , conniving at and justifying the armies force upon the house it self and the xi . members twice or thrice , anno . and on the majority of the commons , and whole house of lords , . and now again on mr: p : and others of them may . & . . must for ever disable and seclude them to sit or act as members in the house , by their own law and plea . ly . all the rest of his objections , p : , . ( taken out of the officers answer , jan : . ) as they concern not mr: prynne , being then no member ; so they were so satisfactorily answered , refelled as most false and scandalous , by the secured and secluded members themselves , in their vindication in answer thereunto , printed : p. , to . that impudency it self might blush to revive them now : to which i referr the reader for satisfaction . only whereas the officers then , and nedham now object , that the malignant and neutral party in the house to gain the major vote , upon new elections , by indirect means , brought in a floud of malignants or neuters into the house ; i shall adde to what the secluded members then replied unto this forged aspersion in their vindication , p. , . first , that all the secluded members came in upon fair and unquestionable elections , upon the new recruit ; but many of those who sate both before , at , and after our seclusion , upon most foul ones , voted voyd long before by the committee of privileges , as humfry edwards , and fryes elections were , continued sitting . . that most of these new members were brought in by the force , power , and menaces of the army , and solicitation of their solicitor general and chaplain , hugh peters ; who like an vbiquitary , was present at the elections for most counties , cities and boroughs throughout england , and well bribed for his pains , to canvas for voices for the armies instruments . ly . that of those members called in by the army-officers , may . . and above half of those who sat with them since , came in upon this new recruit of malignants and neuters . ly . col : ireton , harrison , skippon , rich , ludlow , ingoldesby , mountague , white , sydenham , bingham , jones , yea fleetwood himself , ( the swaying army-members when we were secluded , and chief actors in it ) came all in upon these new elections ; some of them being prime authors , members of this new convention invited in fleetwoods name and army-officers to sit , and authors of our new seclusion : therfore the armies and nedhams slander of our pretended filling the house upon the new recruit with malignants ( as these have proved to us at least ) must recoyl wholly upon themselves , as such , and be a real ground for their , not our seclusions . lastly , if our filling the house by new elections to get a major vote , were a crime demeriting seclusion from it : certainly their emptying the house then and now to get a major vote by secluding most of the members , must be a crime and practice , demeriting an expulsion . . the army-officers themselves in their very answer , waved all these calumnies , as no ground of our seclusion ; declaring to the sitting members ; that the sole ground of our seclusion , was , the vote we passed upon the long nights debate : that the answers of the king to the propositions of both houses , was a ground for the house to procéed upon for the settlement of the peace of the kingdom : which vote being passed a after dayes and one whole nights solemn debate , without dividing the house , notwithstanding the armies march to the very doors . hereupon the army-officers ( to wrest both the regal and parliamental power , & kings revenues into their own hands , prevent all hopes of future peace , settlement , and involve us in endless wars , changes , revolutions , as visible sad experience hath evidenced ever since ) mutinying the common soldiers against us by misreports , the very next morning dec : . marching with several regiments of horse and foot to the doors of both houses , guarding all accesses to them ; where they seised my self , with above members more at the house door going to discharge their trusts , pulled two members out of the house it self ; secluded and chased away above members more , besides the lords whole house . and whether the passing of this vote alone after . years intestine wars , at the earnest desire of our whole kingdoms , almost ruined by them , according to our judgements , consciences , oaths , protestation , covenant , duty , and the trust reposed in us , by our electors , upon such ample concessions of liberty , benefit to the subjects , security to religion , and safety to our : kingdoms , the army , parliament , all adhering to them , as our ancestors , selves never formerly possessed , expected , desired ; and we never since enjoyed , nor can expect under any new republike , or parliamentary conventicle whatsoever ; was a breach of our parliamentary trusts , and a closing with the king upon his own terms , and such as within a short time would ( of necessity ) have yeelded up & betrayed our lives , liberties , and whole cause contested for into the kings tyrannical power , as these army-officers , and this impudent mountebank most scandalously affirm , let their own consciences and our whole nations judge ; the secured and secluded members in their vindication , and i , in my speech in parliament , and epistle before it , having so largely resuted it , that the devil himself ( the a father of lies ) would blush to revive such a lie and slander as this : and how destructive it is and hath been not only to the privileges and freedom , but being of parliaments , for soldiers and those who are no members , without hearing or accusation , to pull the major part of the members out of the house , only for voting according to their consciences , after free and full debates , against the votes or designs of the lesser , inconsiderabler part confederating with the army ; let all wise men , and the sad effects thereof ever since , determin . ly . these army-officers never impeached any of the then secluded members for breach of their trusts , to those few sitting members they left behind of their own party , by way of charge or article , to which they might give a legal answer , and be brought to a publike trial ; and when they were pressed to charge some of them they secured as the greatest delinquents in this kind , with particular breaches of their trusts , they answered , they had yet no charge at all ready against any of them , but hoped to provide one in due time ; which they never did to this day . as for their scandalous answer , jan : . being no legal charge against the members , but a pittiful false excuse of their own breach of trust , faith , duty in seising and secluding them ; mr. prynne in particular in his epistle to his speech , and the other members in their vindication , gave such a satisfactory answer to all the calumnies in it , as they never yet replyed to : and therefore must stand clear from this scandalum magnum & magnatum in the sight of god and man . ly . sundry of the members sitting since our seclusion , and now again , have confessed to me ; that our seclusion was most unjust ; and that their forcible seclusions since , april . . and in . was but a just retaliation and punishment of god upon them , for consenting to our unjust seclusion in december . yea , a means to deprive us from all future hopes of a free parliament , so long as we had any standing army in england . and yet must we be guilty of breach of trust ? ly . major packer himself ( an anabaptist ) then and now again a member of the army , in the last convention at westminster , publikely acknowledged in the house , in a long speech , that he and others of the army who had a hand in securing and secluding us , were seduced and instigated thereunto by cromwels ( and iretons ) suggestions ; that wee were dishonest men , who pursued our own private interests and the kings , to the prejudice of the publike : but afterwards he clearly discerned , that we were very honest gentlemen , pursuing nothing but the publike interest ; acting according to our consciences ; and that he had often cryed god mercy in private ; and did there again and again cry them mercy in publike ; and hoped they would all forgive him , for having a hand in secluding us : which he oft repeated . and others have acknowledged , they were knaved and fooled into this action , by slanderous misinformations . wherefore malice it self must needs acquit us from this forged calumny . ly . those principal officers of the army , who accused , and secluded us as trust-breakers in dec. . both accused those who sate from . till april . . turned them all out of doors , and declared them actually dissolved , for sundry years , as farr greater infringers of their parliamentary trusts than we ; stiling them in a two printed declarations , a corrupt party , carrying on their own designs to perpetuate themselves in the parliamentary and supreme authority ; never answering the ends which god , his people , and the whole nation expected from them , &c. therefore if their single accusation of us alone by way of answer ( which we refuted in print ) disabled us for ever to sit in the house since . and now again since may : . by nedhams and rogers resolutions and the army-officers who secluded us ; then much more this their doubled and trebled accusation against all sitting after our seclusion , and now resitting , by way of declaration ( which they never yet answered ) must much more disable them now to sit and act again as a house , especially without us , as members of that parliament , if continuing still in being . ly . the trust reposed in all members of the commons house secluded or unsecluded in the last parliament of king charles , is punctually expressed , comprised in the writs and indentures by which they were chosen , returned , empowred , trusted , to sit and act as members by the commonalties who elected them ; and in the oathes of supremacy and allegiance , which they all took , and ought to take , by the statutes of eliz. c. . & jac. c. . before they could sit or vote as members . now this trust was wholly and solely , to do and consent to those things which should happen to be ordained by common consent of the king , lords and commons , by common counsel of the realm , concerning certain arduous and urgent affairs , touching the defence , state , crowns of the king and his kingdom , and of the church of england : to bear faith and true allegiance to the king , his heirs and successors ; and him and them to defend , with all rights , jurisdictions annexed and belonging to the imperial crown of england , against all attempts and conspiracies whatsoever : as the writs and returns themselves , with all a antient writs of this kinde , and their returns , with the expresse words of these oathes resolve ; with the protestation , league , covenant , and manifold declarations , votes , remonstrances of both houses , to which those sitting from . to . and now met again , gave their full , free consents and subscriptions , as well as the secluded members . let heaven , earth , our whole . kingdoms , and our accusers themselves then , now resolve , whether i and my secluded companions , who constantly , loyally , strenuously in the forecited vote , and all other our proceedings , pursued those trusts , oathes , duties , in despite of all oppositions ; or those unsecluded sitting and re-sitting members and army-officers , who have most apparently , perfidiously violated it in every branch , by and since our seclusions , to the destruction of our king , kingdoms , kingship , parliament , church , all rights and jurisdictions of the crown , and subversion of the liberty , property , privileges of their fellow members and all other subjects ; be the greatest trust-breakers , traytors ; and which of us best deserve to lose not only our right of sitting any more in the house , but our very lives , heads , liberties , estates , in point of justice , and conscience . all that is or can be objected against us , with any shadow of reflection , is the a vote of january . . made upon the armies answer touching our securing , jan : . that the house doth approve of the substance of the answer of the general council of the officers of the army to the demands of this house touching the securing and secluding of some members thereof : and doth appoint a committee ( of . ) or any . of them , to consider what is further to be done upon the said answer , and present the same to the house . but doth this vote fix any breach of trust upon us for which we deserved perpetual seclusion , without any hearing , impeachment , trial ? surely not in the least degree . for . it approves only the substance of the armies answer , which is general and indefinite : ly , it is not touching the securing and secluding of all the members then secured , or secluded by the officers ; but only of some of those members who were secured , as well as secluded ; without naming any one of them in particular , most of them being released before this vote : therefore it can fix no guilt or crime upon any one particular member of us , unlesse those some had been nominated : ly , this vote was past behind our backs , without hearing any of us before it passed : ly , a special committee was appointed to consider further of their answer , and report what was further to be done therein ; which they never did : ly , this vote was made above a full month after our secluding and securing , when all the members but . were secluded or driven thence ; and the rest sitting under the force , guards , of the army ; and so by their own votes and ordinance of august . . this vote , with all their other proceedings were mere nullities . ly , ten of those who passed this vote , were the very army-officers who made the answer , the chief contrivers , authors of our seising , securing , and chief accusers ; therefore most unfit to be our judges , or passe any vote against us behind our backs : especially since they promised to conferr with us at wallingford house the evening they seised us ; and yet lodged us all night on the bare boards in hell . after which they promised to conferr with us the next morning . a clock at whitehall ; and there kept us waiting in the cold till . at night , without once vouchsafing to see us , sending us away thence through the dirt , guarded on every side like rogues to the kings head , and swan in the strand ; where they promised several times to conferr with us , but never came to do it . now , whether there can be any credit given to their votes or answer , who so frequently brake both their trusts , words , faiths , promises to us , before this their answer , let the world , and our greatest enemies determin . finally , the chief authors of and instruments in this our accusation and seclusion , were the very self-same army-officers and members who in april , dishoused , dissolved those now sitting , and then accused , branded them twice or thrice in print , as farr greater infringers of their trusts than we : as for the house of lords , secluded , suppressed by them , a there was never the least breach of trust objected against them ; neither had the army , b or smaller garbled remainder of the commons house , the least right or jurisdiction to seclude or eject the majority of their fellow members , much lesse the whole house of peers . upon all which premises , i here appeal to all the tribunals of men on earth , and gods , christs tribunals in heaven ( before which i summon all our old and new accusers whatsoever ) to judge ; whether this great charge of breach of our trusts , ever justly could , or henceforth can be objected against us civilly or criminally , without the greatest scandal ; and whether this could be a lawfull ground for any to justifie our first or last seclusion ? the d question is this ; whether the last parliament summoned by king charles his writ , assembled at westminster , . nov : . was not totally and finally dissolved by his beheading , january . . notwithstanding the statute of caroli c. ? in this my . new antagonists are divided . rogers , p. . confesseth it to be dissolved ; and that i have learnedly proved it in my narrative , p. , to . adding , how néedlesse that long discourse is , to prove what we never denied . but though he , and his wee , denied it not ; yet those who sate from . till . by pretext of their first writs , elections , and of this act , as they then affirmed in and by their speeches , declarations ; mr. abbot and purefoye , in their prynne against prynne , ( both of them members , and one of them now sitting ) with their president john bradshaw , who condemned the king , and sundry denyed it ; yea most now sitting denyed it by words and action ; therefore i unanswerably refelled them , and satisfied most others by that long discourse : therefore it was not needless , as this critick rashly censures it . nedham , p. , , . though he confesseth ; that according to law the parliament was dissolved by the kings death ; and that whiles the old constitution of parliaments remained without disturbance it is reason this law should be retained , for the reasons i have rendered : yet in this particular case , by reason of the warr between king and parliament , he will by no means yeeld the parliament to be dissolved by the kings death , but to remain intirely in the members sitting at his death ; and that it is now again revived in them , after above . years interruption : to prove which strange chymaera , by stronger mediums , he * spends some pages , to convince and satisfie all contradictors . i shall a little examin his absurd and most dangerous principles from whence he draws his conclusion . his main principle to prove it , is this . that the king by his actual war against the parliament , did thereupon forfeit his kingship and crown , and became a private person and enemy ; dissolved the constitution both of the kingdom and parliament ; and not only violated all law in the branches , but plucked up the very root of it , in destroying the parliamentary establishment , as much as in him lay , and thereby introduced another law of arms . from whence he deduceth . conclusions : the justice of secluding the members : ly , the sufficiency of the authority that condemned and executed the king : ly , the legality of the remaining members continuing and sitting as the parliament , and supreme authority of england , which after the kings beheading , and other members and lords seclusion , descended and was transmitted to them by the law of war , for the people . this he determines to be law and reason too , sufficient to convince both royallists and presbyterians of the lawfulnes of the power , and present sitting , acting as a parliament , by those few members at westminster , secluding all the rest . to which i answer : . that if the kings death by law , reason , dissolved the parliament in an orderly cause , because his writs of summons abated by his death , & they could not treat with him concerning his and his kingdoms affairs , nor he consent to any bills after his decease : which he freely grants : then by the self-same reason , law , his violent death must dissolve this parliament , as i have largely proved . ly , if the kings levying war against the parliament , did actually dissolve the very constitution , law of the parliament and kingdom , and made him no king at all , but a private person ; which he layes for his foundation ; then it must necessarily dissolve the parliament and kingdom too , and make them no parliament , no kingdom at all , as well as himself no king . for how can the parliament continue , when its very constitution is dissolved ? ly , by this position it inevitably follows , that we had neither king , parliament , kingdom , nor any laws at all but only of warr , from the beginning of the wars or first battel at least , between the kings and parliaments forces many years before his death ; but this the king , kingdom , parliament , the sitting as well as secluded members , both armies , and our whole . kingdoms ever denied in all their votes , orders , ordinances , declarations , remonstrances , petitions , treaties , propositions whatsoever from . till december . and nedham himself in his diurnalls and mercuries ; in all which the parliament , both houses , and army-officers stiled him their king , and the king and his party ever stiled them the houses of parliament . therefore this position must be a most notorious falshood , wherein interest doth grosly lie . ly . those he stiles the honest faithfull members , in their very votes of non addresses ( passed by force and fraud ) in their knack for the kings tryal● , impeachment , proceedings , sentence of condemnation against him , after our seclusion , in their declaration of martii . after his death , and sundry other papers , ever stiled and acknowledged him to be king , and england his kingdom , notwithstanding the wars between him and the parliament : therefore the very war did not vnking , nor make him a private person , nor dissolve the constitution of the kingdom and parliament : else there could not be a war against or between the king or parliament , if the war it self unkinged him , unparliamented them , and dissolved all their constitutions . ly . no person by the a law of god , nature , nations , the great charter , laws , statutes of england , and votes of parliament , ought actually to forfeit , or to be ipso facto deprived of his office , freehold , liberties , estate , life , without a legal proceeding , tryal , conviction , judgement , attainder : much less then the king himself , the supreme magistrate , and governor of the realm ( in whom all have a common interest ) unkinged and made a private person , or publike enemy , and totally deprived of his crown and soveraignty : therefore his actual levying war against the parliament , without , before any legal impeachment , conviction , or sentence of deposition , could not unking nor make him a private person , as the cases of edward the . and richard the . and the b parliaments which deprived them of their kingships after their resignations , clearly resolved , against this jesuitical new doctrine . ly . if the king by his bare levying war against the parliament , actually lost his kingship and became a meer private person before any sentence of deprivation , then by the self-same reason , law , every traitor levying war or conspiring against the king , every murderer , theef , felon , corrupt judge , justice , mayor , sherif , inferior officer , by the very committing of treason , murder , felony , adultery , bribery , injustice , and breach of their respective trusts , should be actually attainted of those offences , their lands , offices presently confiscated , without any indictment , trial , verdict , judgement against them : yea every act of adultery by any husband or wife should actually dissolve the bond of marriage for ever , without and before any sentence of divorce between them : which * mr. wheatly publikely recanted as a dangerous error . and how destructive such new nedham , interest law would prove to all mens lives , liberties , estates , yea to every mans soul ( since every act of sinne by like consequence should actually damn , and make even saints themselves to fall totally and finally from grace and gods favor ) let all judicious men resolve . ly . if this be law , then had the king and parliament upon any treaty after the wars accorded ; he ought to have been new proclamed , installed , crowned king again ; and the parliament resummoned by new writs . ly . he confesseth this to be the very principle of barclay the jesuit , from whom he borrows it , p. . therefore his present parliament and republike built thereon , are purely jesuitical by his own confession . ly . this jesuits position is not so bad as his ; he speaks not of every civil war made by a king upon his subjects , for which there may be just occasions ; but only of a king warring upon his people of purpose to extirpate and destroy them : which he saith , it seems almost impossible any king should be so mad as ever to attempt . which the king in his war against the parliament , by his victories , proceedings against the prisoners , members , towns he took during the wars , in sparing all their lives actually , really , and oft times verbally and professedly disclamed in all his proclamations , speeches , remonstrances , messages to , and treaties with the houses . therefore his war against them , did neither unking him , nor make him a private person and publike enemy , by this jesuites resolution . ly . if the kings war against the parliament did really unking him ; then certainly the generals , army-officers , and armies actual levying war upon both houses of parliament , by secluding , securing the members and king , did really uncommission and unarmy them , and made them no officers , no army at all , but a rebellious rout ; and all members concurring with them therein , no members , no parliament at all . the sequel is infallible . therefore nedham must either now disclaim this desperate jesuitical position , with all his . treasonable conclusions from it ; or else henceforth disclame the army-officers , army , and their formerly suppressed , now revived parliament . ly . admit his paradox true , that the king by his war against the parliament , actually ceased to be a king , &c. yet his inference thence , that the parliament was not dissolved by his death , but continued after it , is most false ; yea the contrary thence inevitably follows , that it was wholly dissolved long before his death , so soon as he ceased to be a king and became a private person ; and that by the expresse resolution of the whole parliaments of r. . and . h. . rot . parl. n. , , . in a case most like to ours . * henry duke of lancaster , raising a great army to lay title to the crown , king richard the d . bringing an army to suppresse him ; the king finding his forces over-weak , and the dukes too potent for him , having seised bristol , and other sorts ; thereupon a parlee was had between them , and agreed , king richard should summon a parliament at westminster , wherein he should resign his crown , renounce his kingship , and the duke to succeed him . upon this he accordingly summoned a parliament , where he formally resigned , renounced his kingship , and was actually deposed of it by sentence , and henry the . who claimed the crown upon his resignation , declared king . which done , it was resolved , declared both by the parliament , king , lords , commons , judges , that this parliament was actually dissolved by king richards deposing to all intents ; and a new parliament ordered to be summoned by king henry in his own name , wherein he was declared , crowned king , and the resignation , deposing of richard the . ratified , and recorded . therefore by the resolution of both these parliaments , ( by nedhams own position , if true ) the last parliament of king charles , was so farr from being continued only by his wars , even after his death , which else would have dissolved it without dispute , that it actually dissolved it in his life time , six years before his death , by degrading him from his kingship , and making him a private person . and then his westminster juncto sitting from . to . and now again , cannot have the least shadow of right , law , reason , to sit , act as any part of the last parliament summoned by the king , neither could the whole parliamentary and supreme power descend or be transferred to them alone by any law or colour of right whatsoever , by the kings war , death , or our seclusions , as he most absurdly concludes . ly . the sum of all nedhams discourse to support his present parliaments and republikes right , title , is but this : that in civil wars and commotions the conquering or prevailing party gains a legal supreme authority and parliamentary power over over the whole : that the kings royal authority devolved by conquest to the parliament : the whole parliamentary authority to his juncto by their forcible seclusion of the majority of the commons , and suppression of the house of lords . and if so , then by the self-same consequence ; the whole kingly and parliamental authority was lawfully devolved on the lord general fairfax and army-officers when they seised the king , secluded the members , suppressed the lords , and placed guards on those that sate in . or at least to such of them as were then members of the commons house ; not to the juncto since or now sitting ; that afterwards it descended , devolved to general cromwell , when he conquered and turned the juncto out of doors , april . . as he and the army-officers then argued ; who thereupon ( after some moneths exercise thereof by making new laws , and imposing new taxes at whitehall , anno . ) afterwards transferred it by deed to their litle conventicle elected by them in september , part of which resigning back their supreme power to cromwell , he thereupon claimed it as wholly and absolutely vested ia himself , without any limits ( as he declared in his printed speeches . and . ) whereupon he detained it under the title of a royal protector , till his death , then delegating it to his son richard , who by this original title enjoyed it ; till overpowred by his brother fleetwood and other army-officers , who by this right of the long sword alone , unprotectored him , and then called in the remainder of the old juncto to sit and act as a parliament under them . so that by nedhams doctrine , the supreme regal and parliamental power is legally residing in those army-officers who have conquered all the rest , till some other greater , stronger power shall be able to conquer them ; and his westminster conventicle is but their substitute to act , vote what they shall prescribe . and by the self-same principle , as the army-officers by rebelling against and suppressing the parliament and their masters , who raised , waged them for their defence , contrary to all laws of god , man , their own oathes , commissions , thereby gained a just and legal title ( as he argues ) to the supreme regal and parliamental authority of the nation ( not the people in whom they pretended it to be vested ) so any traytor by killing or dispossessing his lawfull soveraign , any son by killing or disseising his father , any servant by imprisoning , killing , or turning , keeping his master out of doors , every theef , plunderer in the world , able by force to take away any persons purse , goods , house , lands , or shall by power make himself a judge , justice , magistrate , or take away another mans wife , shall have a just and legal title against the owners and all others : and nedhams parliament and new republike can neither condemn nor execute any thief , pirate , murderer , plunderer , adulterer , ravisher , nor punish any disseiser or wrong-doer whatsoever that was stronger than the party injured ; since they all may justifie their force , actions , to be lawfull against the letter of the , , , , and commandements by the self-same law , divinity , saintlike title of the longest sword , the greatest might , and prevailing party . i hope by this time , he and all others clearly discern the desperate fatal consequences of his jesuitical position , and that his interest will not lie , is but a meer sink of lies , and destructive paradoxes . if all this will not help to prop up the legal soveraign authority of his present parliament and republike , he hath . other pillars to support them , p. . . the law of necessity , a pretty bull , when as the old proverb resolves , necessitas non habet legem ; i am sure it will now admit of no law , justice , conscience , equity . . did not the beheaded king plead this law for ship-money , excise , and other illegal projects ? yet the long a parliament adjudged necessity in these cases , to be no law , nor plea at all . and shall those very members plead it in their own case now , who then judged it no law nor plea in his ? ly . this law was pleaded by cromwel and the army-officers in april . for the dissolution of those now sitting , who together with nedham , p. . resolve it no law or plea at all ; and can it be justly urged now for their restitution ? ly . it is a pretext for all villany , treachery , impiety , violence being acted in the world , as i have proved in my epistle to my speech , and the secluded members in their vindication , when the officers pretended it for our seclusion ; and can it then be made the foundation of commonwealths and its junctoes constitution ? ly . he addes out of grotius , l. . de jure belli , cap. . necessitas summa reducit res ad merum jus naturae . if so , and we are now reduced to such a necessity , as he argues : then it followes , . that this extreme necessity which exempts any part of a kingdom , republike , city from the power , jurisdiction of the whole , as grotius there resolves , hath much more exempted our whole three kingdoms , the intire lords house and nobility , the majority of the old commons house yet surviving , with all counties , cities , boroughs for which they served ; from the power , jurisdiction of the present usurping juncto , army , so that they have no right , authority , colour at all to impose any new laws , taxes , militiaes , excises on all or any of them ; nor yet to imprison , sequester , punish any of them for defending themselves by force of arms against their unjust usurpations over them . ly . that they can impose no new government or republike on all or any of them , without their own free voluntary elections , consents ; because all politick governments and corporations are and ought to be made by voluntary contract and free consent of all the parts , ac propterea jus ejus , in partes ex primae va voluntate metiendum est , as grotius there resolves . ly . that all the integral parts of any politick body , when the first agreement and government which united them into a kingdom or republike is dissolved ( as nedham asserts our kingdom and parliament are ) by the meer right and law of nature have as inseparable , inherent a right , vote to cast themselves into another new form of government , as any one prevailing party of that body , being all equally men , englishmen , free-men by nature , and having no superiority over each other . therefore the supreme authority and parliamentary power in our present condition and extreme necessity by grotius his decision is not devolved to the westminster juncto , or army-officers , as nedham absurdly concludes , against his oracle grotius , but to the generality of the people , as this very juncto voted jan : . . and the army-officers declared , in their agreement of the people presented to them november . . and jan. . . therefore by their own votes , resolutions , practices , the generality of the people , not the juncto , are now the supreme authoritie ; and those or members of the old parliament and army , have not the least pretext of right , law , reason , power to domineer over all the nobility , gentry , clergy , freemen of the nation , and the secluded members , nor totally to seclude them all from their councils , company ; muchlesse to secure , disarm , plunder them at their pleasures , to double , treble their taxes , to use them not like their fellow freemen , but their aegyptian bond-slaves , as now they do . what such an extremity , necessity may put then our whole three nations justly upon by grotius and nedhams law too , let them wisely and timely consider for their own and the publike safety . his . pillar is this of grotius , that in a civil warr , the written and established laws of nations are of no force ; ( indeed we now finde it true by sad experience under our new legifers and tax-masters ) and then that only is to be admitted law , which shall be setled by the prevailing party . how this new doctrine will suit with all our late parliamentary votes , ordinances , declarations , remonstrances , protestations , league , covenant , soldiers commissions , and army-remonstrances ; or with our civil war , which was only for the preservation and defence of our antient fundamental laws , statutes , and great charter of our liberties , against all arbitrary encroachments , alterations , violations of them ; or with the junctoes declaration , march . . for turning our kingdom into a free state ; wherein they promise over and over , inviolably to defend and maintain these antient laws , the badges of our fréedom , and the most excellent of all other laws in the world , by violation , alteration , or abrogation whereof greater mischiefs would inevitably befall us , than ever we suffered under our kings and kingly government : or how it will accord with their proclamation , may . . to like purpose ; let nedham , and that power for which he pleads resolve us : to whose arbitrary wills and tyranny ( if this monstrous paradox be oracle ) he prostrates all our laws and liberties , after full years bloody contests , and most cruel concertations for their defence , against this his position and practice . his . pillar is this , which he applies to the particular case of the secluded members , p. . si qui jure suo uti non possunt , eorum jus accrescit praesentibus : grotius l. . c. . his meaning is , that if any members of a senate , court or parliament be absent through sickness , or any other voluntary or necessary occasions , the rest may sit and act : will it thence follow , as this mountebank argues , ergo , the minor part of the commons house may sit and act now and heretofore , not only as a commons house , but absolute parliament ; because they and the army forcibly secluded the major part , the whole house of lords , and beheaded king . such a grosse nonsequitur as this , is no better justified from grotius words , than this ; the army may forcibly seclude all but . or , of those now sitting , or leave fleetwood , and sir henry vane alone : ergo , in such a case the whole right and power of the parliament accrues to them alone , and they may sit , vote as a parliament , and make what laws , acts , and impose what taxes , excises they please , as cromwell and his council did at whitehall upon the self-same ground . vno absurdo dato mille sequuntur . you see now by this time the falshood , absurdity , and dangerous consequences of nedhams atheistical , jesuitical principles , whereon he would bottom the continuance , revival , justice , legality of his pretended parliament , and republike , laying a ground for , and encouraging all disorders , confusions , violences , treacheries and villanies whatsoever by the law of necessity and the longest sword : and what a necessary tool he is for the party , because he can say or print any thing for them , though never so false , absurd , mischievous , and yet not be in danger of his head : ( they are his own expressions , p. . . ) i shall inform him of some other principles prescribed to all saints , christians , and souldiers , by god and christ himself , which they ought to follow under pain of damnation . the first is mat. . . all things whatsoever ye would that men should do unto you , do ye even so to them , for this is the law and the prophets . the . is mat. . . render therefore to caesar the things that are caesars , and unto god the things that are gods . the . i , luke . . do violence to no man , neither accuse any falsly , and be content with your wages . the . is rom. . , . render therefore to all their dues , &c. owe nothing to any man , but love one another . the . is prov. . . my son , fear thou the lord and the king , and meddle not with those who are given to change . the . is ps. . . whatsoever things are true , whatsoever things are honest , whatsoever things are just , whatsoever things are lovely , whatsoever things are of good report , do . and if he can found his present or former parliament , republike , or interest will not lie , and forecited conclusions on these principles , i shall be his proselyte ; till then i cannot , i dare not but renounce them . i shall not follow him in his wild-goose chase any further , to prove the old parliament undissolved , and now revived : what he writes of * cromwels parliaments and conventions , during the preternatural dead interval from april . to may . that they had not the legal force and vertue of parliaments : that they were nothing in law of themselves , being creatures of another extraction : ( though he writ the quite contrary in his life-time ) that the members of this revived parliament sitting in them , did not own them for legal parliaments : that their sitting in them as parliaments , could not prejudice nor conclude the body now sitting , becanse a body of men in equal power and right , cannot be concluded by particular acts done by their own members without consent of the rest ; and that though they did not own those parliaments , nor the power that called them , yet their many and great complaints of their being secluded from them ( by force , or new oathes ) as an infringement of the peoples right in parliament , were just , and they might well complain , because their complaint of violation was grounded only upon the general right inherent in the people , will fully manifest the parliament of king charles to be fully dissolved by his death , notwithstanding any private members sitting in it afterwards , his pretended parliament of commons then and now sitting , to be no parliament at all , nor yet revived in law or verity ; that yet m. prynne and other members , might justly complain of their forcible seclusion from it , in the peoples general inherent right , as themselves did when secluded from cromwels parliaments , which they held void and null . and that if it be still in being , and was only suspended by cromwels . years force , in respect only of the actual exercise of their power , not their inherent right , which is now revived : all the secluded members , lords , and charls stewart too , ought in right and justice to be recalled and remitted to their rights , from which they were forcibly interrupted , as well as those now sitting , having no legal power , ground , nor colour to seclude them , as i have already proved . to cloze up this question , i shall propose this dilemma to my dissenting opponents . if the old parliament were totally and finally dissolved by the kings death , as rogers confesseth , and nedham grants in point of law and reason : then those few commons sitting after his death , and now again , cannot possibly be a parliament , nor committee of parliament in any sence . . because never summoned by any writ to any such parl. as this . . because never elected , intrusted by the people , who elected thē in the old parliament , to sit in this , or any other parliament , without a king and house of lords . ly . because not new elected by their old electors , or any other counties , cities , boroughs since the kings death to sit alone , as then or now they do . ly . because permitted , desired to sit at first only by the army-officers , their former mercenary servants ; and now invited to sit again only upon some of their motions ; having no pretence of law or right to elect or create them a parliament , or representative of the people of england : much lesse then of scotland and ireland . ly . because they are not the fifth part of a commons house for number or quality , by our old laws , statutes , or the new instrument or advice , most counties , cities , boroughs of the nation having not so much as one knight , citizen or burgesse in it to represent them , and scotland , ireland none at all : and so by the armies own declaration at st. albans , their own agreement of the people , and own votes for an equal representative , can be no parliament at all , but the highest , archest usurpers over the whole kingdoms rights and privileges . in the * parliament of e. . in the act for the exile of the two spencers , cl. e. . m. . dorso , the parliaments of e. . rot . parl. n. . e. . n. , . e. . rot . parl. n. . r. . rot . par. n. , . r. . rot . par. n. . & plac. coronae n. , to . it was adjudged , resoved , declared by the king and parliament , that the accroaching and usurping of regal power , by the ' two spencers , roger mortymer earl of march , the duke of glocester , arundel archbishop of york , the earls of arundel and others ; by keeping the lords , great men and counsel of the king from his presence , the parliament and council : by placing and displacing publike officers at their pleasures ; by condemning , executing lords and others of the kings subjects without his privity by might and power both in and out of parliament : by not permitting the king to hear the petitions and complaints of his nobles and people , and to do them justice against these usurpers oppressions to their own and the kings disinheriting : by compelling the king to grant pardons to rebells and others who slew his faithfull lords and subjects : by seising , disposing of the kings treasure and revenues at their pleasures ; and enforcing the king to grant them a commission to manage his royal affairs , trust and revenues , in restraint and derogation of his royal power and prerogative : was no lesse than high treason by law : for some of which encroachments of regality , some of them were banished , others of them beheaded and executed as traytors , and their estates confiscated by iudgements and acts of parliament . if then the encroaching and usurping of regal power in any of these particulars , be no lesse than high treason by the resolution of these parliaments , then questionlesse the usurpation , exercise , not only of regal power in the highest degree , in calling , creating , dissolving parliaments , giving the royal assents to bils , pardons , executing lords , commons , creating publike officers , making new seals , issuing out writs , commissions , making warr and peace , coyning money , &c. but also of parliamental power too , in making new laws , acts , treasons , repealing , altering old lawes , and forms of processe , imposing new taxes , excises , forfeitures , militiaes , erecting new courts , judicatures , neither of all which the king can do by his regal power , but in and by the parliament only , wherein both the power of the king in its highest orb , and of all the lords , commons are united , concentred , must needs be the highest treason that possibly can be committed , both against the king , kingdom , parliament , lords , commons , people ; all injured , usurped on , tyrannized over , dishonored , and oppressed thereby in the highest degree . which should discourage , deterr all those who have any dread of god , men , or love to parliaments , and their native country , from usurping such a power , as well for their own , as the publick weal . if the long parliament be still in being and now revived , ( as nedham pleads , but proves not at all , his own principles evincing the contrary ) then all the lords and secluded members ought in right and justice to be freely admitted for the premised reasons ; else those now sitting and acting without them , will incurr the guilt of high treason for usurping both regal and parliamental power , by meer force , without any act of parliament , which an express act of parliament made by assent of all the . estates cannot transfer unto them , as the statute of h. . c. . and parliament of h. . rot . parl. n. . expresly resolve , and i have proved in my narrative , p. , , . since the highest regal and parliamentary trusts for the publike good , safety , reposed in many by the people , cannot be transferred nor delegated unto a few , nor the parliament power , trust , assigned over , any more than the * regal . having dispatched these grand questions , i shall be briefer in the th . being only this . whether the oathes of supremacy , allegiance , and homage to the late king , his heirs and successors ; were finally determined by , and expired at his death ? nedham , p. , . and rogers , p. . affirming they are ; because the old form of kingly government is lawfully ( as they say ) extinguished , and a new form introduced , and so the oath impossible , because the persons and things to whom they were made are at an end : which opinion having largely refuted , in my concordia discors , proving those oathes to be still obligatory and binding , by unanswerable scripture-presidents and authorities , to which neither of these antagonists reply one syllable ; i shall briefly reply to what they object , . that the frame of our kingly government was not legally dissolved , but violently and trayterously interrupted only , as he saith this parliament and republike were by cromwels intrusion . ly . that by the resolution of our statutes , judges , laws , which admit no interregnum , we have still a kingdom , a king , an heir and successor to the crown in actual being , ( though out of actual , not legal possession ) to whom we may and ought to make good our oathes . ly . that our fellow-members and subjects who took these oathes as well as we , can neither absolve themselves nor us by their perjury or treachery in violating them , by their late forcible , illegal proceedings , and new ingagement against the king , his heirs and successors . ly . that it is both possible , just , necessary , safe , honourable , christian , for them and us , and our . kingdoms , churches , religion , to call in the right heir and successor to the crown , upon honorable terms ; there being no obstacle to it but only want of will , or the covetousness , rapine , ambition , guilt or fear of punishment in some particular persons in present power , against the general desire and interest of our . whole kingdoms , nations , endangered , embroyled , oppressed , and well-nigh totally ruined , exhausted by his long seclusion . . that these objectors and others slighting , neglecting , violating , absolving themselves and others from the conscientious obligation , legal performance of these sacred oathes , obliging themselves in particular and the whole kingdom in general , to the late king his heirs and successors in perpetuity , is no argument of their piety , saintship , religion , fear of god , honesty , truth , justice , but of their avowed atheism , impiety , injustice , contempt of god , and all his threats , judgments denounced , inflicted upon perjured infringers of their oathes , covenants to their king and others . ly . that for the violation of these oathes , the whole three kingdoms have deeply mourned , suffred in sundry kinds ever since . and are now likely to be ruined by taxes , contributions , oppressions of all sorts , losse of trade , unseasonable weather , diseases epidemically reigning , and other judgements . ly . that abraham himself the father of all the faithfull ; swearing by god , that he would not deal falsly with abimelech , nor with his son , nor with his sons son , but according to the kindness he had done to abraham , gen. . , , &c. and his care to perform his oath ; hath justified not only the lawfulness of all our oathes to the king , his heirs and successors , but confirmed our obligation to them all , and how conscientiously we ought to perform them without fraud or falshood , yea disowning all those from being of his faith or spiritual seed , who make little conscience to perform them . ly . thus as the apostle resolves , gal. . , . that the covenant made by god to abraham and his seed in christ before , the law which was made . years after cannot disannull , that it should make the promise of no effect : so the new ingagement made , taken after these two oathes to our new governors , and their late oath to be constant , as well as true and faithfull to their new republike , without king , or single person , or house of lords , ( obliging those who take it , if binding , not only to sundry perjuries , treasons , and constant perseverance in them without repentance ) cannot disannull these former oathes to the king , his heirs and successors , and make them of no effect , as rogers tells us , which i have elswhere proved . ly . john rogers , p. . informs us , that cleomines the lacedemonian , sware to his friend archonides , that he would do all things joyntly with him , and act nothing without his head were in it . after which watching his time , he cut off his companions head ; and to keep his covenant , after he had par boyled it , he kept it by him , honored and preserved it ; and upon every weighty matter or consultation would set his scull by him , and tell it what he purposed ; saying that he did not violate his ingagement , or break his oath in the least , séeing he did ever take counsel with the head of archonides , and did nothing without it . verily my antagonists and those members they plead for , have dealt more falsly with the late king , lords , and their fellow members , than cleomines with archonides ; they twice swore , protested , vowed and covenanted too over and over , to be true and faithful to the king , and to act all things ioyntly with him , the lords , and their fellow commons in parliament , and transact nothing without their heads and advice were in it . but though afterwards watching their opportunity , they cut off the kings head , and some of the lords , as he did his friends ; suppressed the whole house of lords , and secluded most of their fellow commoners ; yet they do not set either their heads , sculls , or any of their seeming persons before them in the house when they consult upon every or any weighty matter , nor tell them what they purpose : and yet they and these their advocates tell us and others ; they doe not violate their protestations , vows , covenants , nor yet break their oathes . whether of them are the greatest hypocrites , impostors , let the world now judge . the . question between j. rogers and me alone , is this . whether the jesuites and our forein spanish , french and other common popish adversaries , were the original plotters , and vnder-hand fomentors , of the change of our antient hereditary kingship and kingdom into a new common-wealth , and of the late exorbitant violent proceedings against the kings , parliament , and secluded members , to accomplish this their design ? mr. prynne hath abundantly proved the affirmative by punctual testimonies out of parsons , campanella , watson , clerke , richelieu's instructions , conte galeazzo , the lord digbies and others letters , mutatus polemo , and other evidences ; by pregnant reasons and demonstrations , both à priori et posteriori , in his speech , memento , epistles to his new discovery of free-state tyranny , jus patronatus , seasonable vindication ; the republicans good old cause anatomized , and in his narrative , p. , , . , to . , to . these evidences a j. rogers neither doth , nor can deny in any particular ; only he contradicts the conclusion , as not sufficiently warranted by the premises ; when as most judicious protestants of all professions and degrees who have seriously perused them , are abundantly satisfied , and conclude the contrary to this johannis ad oppositum ; who bestows whole sheets and volumes of rayling epithites , scurrilous scoffs , unchristian a obscene queres and sarcasmes upon me , only upon this accompt ; that i have translated the odium and guilt of the contriving , fomenting the late gunpowder treason which blew up our king , kingdom , parliament , lords house , and kingly government , to erect a new republike , from the protestants , to the jesuits and those of their religion , who plotted the old one , and would have fathered it on the puritans , had it taken the like effect as this hath done ; which i thought would have deserved thanks , rather than such reproachfull usage from such a zealet as he pretends to be . but since he will needs appropriate the glory and honour of this last powder-plot , ( transcending the former ) to those worthies for whom he pleads , and to himself and his disciples , and allow the jesuites ( a many of whom he confesseth are doubtlesse in england under disguises and folding-dores p. . ) no share at all in its projection , or execution ; i shall no waies envy them this new garland , wherewith he crowns their temples ; let them wear it in triumph to their graves , or tiburn ; i shall not envy them this new crown of glory , of which they are so ambitious , that rogers spends many leaves , p. , to . to evade the authors i quote to prove the commonwealth a spurious issue of the jesuits projection , by his impertinent answers to them . . he endeavours to evade my quotations of parsons and campanella , the first projectors of turning our english kingdom , into an holland commonwealth , by the agency of the jesuits , confederating with anabaptists and other sectaries agreeing with them in antimonarchical principles , by the help of a prevalent seduced party in the parliament house , when purged , reformed after parsons new model ; and by raising wars , tumults , in the realm , and then infusing this principle into the common soldiers , people and every prec●pe , or factious multitude , getting the title of a publique state , or helvetian commonwealth , to examin their soveraigns by what title they hold their crowns , and to alter , change the course , inheritance and succession of the crown and publike government at their pleasures , and disseise the right heirs general to the crown , and put them to their formedon to recover them . to which he answers , . that these their politicks were calculated to the state of the nation as it was in queen elizabeths time when they writ ; to divide us with factions , and divisions at home , stir up the seeds of an inexplicable , irreconcilable war between england and scotland , to deprive king james of the crown of england ; to promote the spaniards interest , and hinder the english from infesting his fleet , and indies : ergo the jesuites were not the original projectors of turning our kingdom into a common-wealth , though he produceth none else before or besides them ; nor yet prosecuted this design ( so long since laid ) afresh ( as i have proved they did ) in . and . for the self-same ends , in substance , by the self-same means and instruments . ly . he saith , i should prove that this , this is the same commonwealth they plotted then in every circumstance : i prove it produced by the same instruments , means , pattern they prescribed , and that it pursued the same ends , designs , which is sufficient and punctual . the rather , because himself and those he pleads for , are not yet agreed what form or kinde of creature their new common-wealth shall be ; they being much divided about it , as himself attests : who spends some sheets against mr. harringtons and others models of it . ly . he adds , their design proved abortive in qu. elizabeths reign , and in the powder-plot against king james ; what then ? ergo , they pursued it not since , as i prove by late pregnant testimonies , and more than probable arguments , is a meer inconsequent . ly . he objects , the jesuits commonwealth admits no toleration of religions ; never was against kingship and the office of it , as theirs is , nor hath any similitude with jesuitism . all false ; the jesuits pleaded alwayes for i a free toleration of religion in england , that themselves might be tolerated , though they deny it elswhere : they are k professed enemies to the office , as well as persons of all protestant , yea and most popish kings , and projected to make up a common-wealth upon this account in opposition to kingship : it hath similitude with iesuitism both in its principles , witness those of barclay and mariana , cited by nedham , whereon he founds it ; and in its practices of murdering protestant kings , blowing up parliaments , absolving subjects from their oath and allegiance , &c. by which it was founded , supported , revived . what else he allegeth , is but meer froth of his wanton brain , and scurrillous pen , unworthy reply . only because he calls upon me for more evidence , if i have it , to prove his good old cause and commonwealth a plot of the iesuites , i shall gratify him herein . . hugh peters himself , very well acquainted of late years with the jesuits persons , plots , principles , practices , in his letter to a great army-officer ( quoted by himself , p. . ) stiles it , a cheat of the iesuites put upon the army ; and that with much regret of heart and spirit . ly . a grave protestant gentleman of the temple last trinity term riding up to london , meeting with a popish gent. of his acquaintance on the way , they discoursing of these last revolutions and changes of government , the protestant told him , that these alterations were but the plots and productions of the jesuites and those of his religion , who did but laugh at us in their sleeves , to see what fools they made us . at which the papist growing somwhat angry ; he desired him to be patient , since they were antient friends , and what he spake was not in jeast or scoff , as he took it , but in sober sadness ; desiring him ( having great acquaintance amongst the papists ) to inquire out the truth of what he spake , when he came to london , where most papists in england were then assembled , for both their satisfactions , and to give him an account thereof ; which he promised to do . about . or . dayes after , this papist told him , that according to his request , he nad made diligent inquiry of the truth of what he spake on the way ; and that he found , all or most of the iesuites were knaves , they and most of the iesuited papists being against the king , and wholly for a commonwealth , as being most advantagious for the king of spains interest ; using more words to the same effect . which the protestant ( being my old familiar acquaintance ) about two dayes after related to me in westminster - hall , as a concurrent testimony with that i had published to this effect in my true and perfect narrative , and the republicans spurious good old cause truly anatomized . ly . lilly ( a zealous republican ) in his almanack , anno . prognosticated ; that the stars did then promise acts of grace and favor to popish recusants , who in their zeal and loyalty to the new republike excéeded most presbyterians . an argument it was a creature of the jesuites and their projection , to procure them more grace and favor than before , and promote their designs against us . ly . nedham ( rogers his confederate and fellow champion against me ) makes use of the jesuit barclay his forecited jesuitical principle , as the chief corner-stone of our new parliaments and republikes structure whereon they are both built : and not only so , but he useth the very arguments of campanella , which he prescribed the king of spain to suggest to the english nobility , protestants and clergy , to hinder and keep out king james from the crown of england upon queen elizabeths death ; to disswade and draw them all off from king charls ; and oppose his restitution now . campanellaes words are these , cap. . de mon. hispanica , p. , . praeterea suspitionem incutiat amicis elizabethae , saepius iis inculcando fore ut jacobus in amicis elizabethae caedem maternam vindicaturus sit , &c. praesertim cum maria ipsius mater moriens ei religionem catholicam , et suae caedis vindictam serio commendaverit . exasperandi etiam sunt mimi episcorum et ministrorum anglicorum , proponendo illis , regem scotiae calvinismum amplexum esse spe et cupiditate regni , adactumque vi a baronibus haereticis : quod si vero regnum angliae etiam obtineat , tum illum cito priorem religionem revocaturum esse , quandoquidem non solum mater defuncts , verum etiam rex , ipse galliarum summopere ei illam commendarint . quibus modis fiet ut semina belli inextricabilis inter angliam & scotiam jaciantur , &c. to keep king james from the crown . which nedham thus imitates and pursues , with a little variation , in his interest , sect . of the presbyterians , p. , . the royal party will never leave buzzing into c. stuarts ears to quicken his memory , that the interest of your party was in its infancy founded upon the ruine of his grandmother , continued & improved by the perpetual vexation of his grandfather , and at length prosecuted to the decapitation of his father . be not so weak as to fool your selves that you shall fare better than others . it is the common sence of the cavaliers , that you prepared his father for the block , and are incensed at others because they took from you the honor of the execution . dr. creighton told him , that the presbyterians pulled his father down and held him by the hair , while the independents cut off his head . and after him it was more elegantly expressed by salmatius , presbyteriani sacrificium ligarunt , independentes jugularent , &c. and p. , . the papists having had so fair a creature of the father , for many reasons they have no cause to fear foul dealing from the son . as for his religion ( if any ) it is at best , but a devotion to prelacy , which was bequeathed to him by legacy . all his other pretences of religion in scotland , he forfeited before ever he left that countrey . what profession he hath since owned abroad , hath ( for reasons of state ) been kept very close , yet not so close but he discovered it . but if this be not evident , let us have recourse to reason , and then consider , how long he was under the wing of his mothers instructions in france , and what a nursery flaunders hath been for him since , which is the most jesuited place in the world : consider also the urgency of his necessities , disposing him to imbrace any thing , or take any course to get a crown , being under the same influence of the wandring star , called reason of state , as was his grandfather h. the th of france , who shifted his religion to secure a crown , &c. these put altogether into the ballance , are ground enough to believe him sufficiently affected , if not sworn to popery . here we have nedham , plowing with campanella his heifer , using his very policy , words , arguments in substance to exasperate the presbyterians , independent , and protestant party against carles stuart , and keep him from the crown , as campanella suggested to the king of spain , and the english protestants and prelates , to exasperate them against his grandfather king james for the self same end , by traducing both in their religion , and meditation of revenge of their respective mothers and fathers decollations . here i shall desire the readers to take special notice of . particulars . . of campanellaes , the jesuites , forein popish princes and their instruments machiavilian practice ; secretly , seriously , frequently to suggest to protestant subjects , that their most orthodox protestant kings , and right heirs to the crown , are inwardly inclined and well-affected to popery , that they profess themselves protestants , only for politick ends , to gain or retain the crown ; that when they are setled in their thrones , they will either profess , or introduce popery ( which would be the jesuites and papists greatest advantage who thus suggest it , if true ) purposly to exasperate their protestant subjects against , and alienate their affections from them ; yea make them the visible instruments to keep them from their hereditary crowns , to the scandal , prejudice of the protestant religion , though they be most real , cordial , constant professors of it . and whence such scandalous suggestions originally spring ▪ ly . of the inexcusable malice of nedham , professing himself a protestant , not only in imitating this jesuitical romish practice against his own hereditary protestant soveraign ch. stewart , but transcending it many degrees ; first , by pretermitting his beheaded fathers long education of him in the protestant religion whiles he lived ; and this charge unto him in e writing a little before his death , viz. above all , i would have you , as i hope you are already , well-grounded and setled in your religion : the best profession of which i have ever estéemed that of the church of england , in which you have béen educated : yet i would have your own judgement and reason now seal to that sacred bond which education hath written , that it may be judiciously your own religion , and not other mens custome or tradition , which you profess . in this i charge you to persevere , as coming nearest to gods word for doctrine , and to the primitive examples for government , with some little amendment , &c. your fixation in matters of religion will not be more necessary for your souls , than your kingdoms peace , when god shall bring you to them , &c. if you never see my face again , i do require and intreat you , as your father and your king , that you never suffer your heart to receive the least check against or disaffection from the religion established in the church of england . i tell you , i have tried it , and after much search and many disputes , have concluded it to be the best in the world , not only in the community , as christian , but also in the sperial notion , as reformed , keeping the middle way between the pomp of superstitious tyranny , and the meanness of fantastique anarchy . the scandal of the late troubles , which some may object and urge to you , against the protestant religion established in england , is easily answered to them and to your own thoughts . kéep you to true principles of piety , vertue and honour , you shall never want a kingdom . for those who repent of any defects in their duty towards me , as i fréely forgive them , in the word of a christian king : so i believe , you will find them truly zealous to repay with interest that loyalty and love to you , which was due to me . in summe , what good i intended , do you perform , when god shall give you power . next , in urging , how long he was under the wing of his mothers instructions in france ( but a few moneths space at most ) and what a nursery flanders hath been for him since , which is the most jesuited place in the world ; as his principal reason , to perswade both papists and protestants , to believe him sufficiently affected , if not sworn to popery , as if he had been there educated by his own voluntary election ; and not necessitated , yea forced thither by the army-officers , and those in late and present power ( professing themselves the most zealous protestants , and eminentest saints ) full sore against his will . the general council of army-officers , in their remonstrance of novemb. . . presented to the commons house , as they demanded the king to be brought to speedy justice ; so they propounded , that the prince , and duke of york , might be declared uncapable of any trust or government in this kingdom , or any dominions thereunto belonging ; and thence to stand exiled for ever , as enemies and traytors , and to die without mercy , if ever taken or found within the same . after his fathers beheading , when he was called in and crowned king by his protestant subjects in scotland ( where he took the solemn league and covenant ) according to their oaths , covenant , duty , laws and principles of the reformed religion ; our republican grandees and their gen. cromwel , by a bloudy , unchristian , unbrotherly invasive war , expelled and kept him out thence and out of england too , and all his other dominions , by force of arms after the battel of worcester , septemb. . . from whence he was forced to fly disguised , to save his life , into france ; where he landed at newhaven , octob. . and some weeks after departed into holland to the princess of orange his sister ( a protestant ) residing with her , and other protestants there , remote from the company and seducements of his mother , and all jesuites , papists that might any wayes seduce him in his religion ; living wholly upon the charity of forein protestants ; his own protestant subjects then and since swaying , being so stupendiously unjust , uncharitable , as not to allow him or his brothers one farthing , out of all the lands and revenues of his . kingdoms , for their necessary support in forein parts , and making it high treason for any of his protestant subjects to contribute any thing towards their support in this their distressed condition ; so conscientiously did they practise these gospel precepts , mat. . , . c. . . rom. . , , , . c. . , to . c. . , . cor. . . matt. . , , , . for which they may justly expect that fatal sentence , v. , to . yet not content herewith , to deprive him , his brethren , and followers , both of the relief , company , comfort of all their protestant friends and allies in the netherlands , and force them thence into popish quarters , to the hazard of their souls as well as lives , exasperate them all against the protestant religion , and enforce them ( if possible ) unto popery , they engaged themselves and the english nation not only in a most unchristian , bloudy , costly , destructive warr with our antient protestant brethren of scotland til they had totally subdued them , but also with our old protestant allies of the netherlands , which war continued from jan. . til april . almost to the ruin of both nations , & then o. cromwel concluded a peace with the dutch on these terms , ( sufficiently evidencing the true ground & end of that bloudy war ) that charls stuart , with his brothers , followers , & adherents , should be forthwith banished out of the low countries , and none of them permitted to reside there , or return thither again . upon which , by command from the states , these distressed exiles were forced to remove into france , much against their wills , having no other place of safety to retire themselves to : where they enjoyed the company of their mother , and relief of their popish allies ; as likewise the comfortable christian society , charity , assistance of their french protestant friends , churches , ministers , ministry , to confirm , edifie them in the reformed religion : which cromwell and their english inveterate enemies maligning , endeavoured to expell them thence , and by quarrelling with the french , and entring into an intimate league with cardinal mazarine , ( by the agency of sir kenelm digby a jesuited papist ) concluded a peace with france in novemb. . upon this condition ; that ch. stuart , with all his brothers , followers , adberents , should be forthwith removed out of france , and all the french kings dominions , and not permitted to return or reside therein . being thus driven out of holland and france from the society of all protestants , they were necessitated sore against their wills , to cast themselves upon the protection and charity of the spaniard , and fly into flanders , having no place else to rest their heads , and there to sojourn among papists and jesuites in great danger , and extreme necessity ; where to their immortal honour , the admiration of all true protestants and papists too , and the envy of their protestant malicious persecutors who forced them thither , they constantly adhere to , and publikely professe the protestant religion , and will not be seduced from it to popery , notwithstanding the manifold affronts , injuries , provocations , reproaches , persecutions of some of their own protestant subjects ; their exile from their protestant kingdoms , their protestant friends in france , holland , their extreme pressing necessities , and the frequent sollicitations , arguments , perswasions , promises , temptatious of priests , jesuites , papists and popish princes , a to turn papists , as the only means to regain their rights , and restore ch. stuart to his crowns and kingdoms . now that this his forced exile into france and flanders by a prevailing party of his own protestant subjects , ( against all their oathes , protestations , vowes , covenants , remonstrances , declarations , allegiances , duties , our known laws , the practice of all the primitive christian , and other protestant churches , the principle of christian religion , and of our own protestant church , both in our articles , homilies , canons , writers , liturgies , ) and his forced sojourning there amongst jesuites , papists , with his grand necessities , of which they have been the only authors , ( to their own eternal infamy , and intollerable scandal , dishonour , shame , reproach of our protestant kingdoms , churches , religion ) enforcing him to cry out with holy king david , ( when forced by saul , and his rebellious son absolom out of his kingdom from gods ordinances , among pagan idolaters ) ps. . . wo is me that i sojourn in mesech , that i dwell in the tents of kedar . my soul hath long dwelt with them that hate peace , &c. should be thus objected against him by this rayling shimei , and the authors of it , over and over , as a convincing evidence , that he is sufficiently affected , if not sworn to popery ; notwithstanding his open constant avowed profession of the protestant religion , to the admiration of the world , the joy of all true protestants , and gods great glory as well as his own ; and made now a motive to excite his protestant subjects ( in this juncture of time and revolution of affairs ) to take up arms afresh against him , to keep him still in exile amidst jesuits , papists , and hinder his restitution to his hereditary kingdoms , and the benefit of gods ordinances among his own protestant subjects for his and their preservation , and of the reformed religion , now much endangered by intestin wars , the policies of jesuits , and combination of the pope , and popish princes , to be totally extirpated throughout the world ; is not only a most unparalleld piece of malice and calumny , but the very quintessence of jesuitism , and jesuitical policy . the rather , because all our protestant bishops , ministers , martyrs in queen maries daies , when imprisoned by her for their religion ( though restored to her crown , against the usurpations of queen jane , a protestant , by their assistance , and the a suffolk protestants , quorum propter religionis causam propensissimus favor janae adfuturum inde sperabatur ; ) by their joynt letter to all their protestant brethren , ( recorded in b mr. fox , ) not only declared queen maries open obstinate profession of popery , to be no just cause in law or conscience , to keep her from her hereditary right to the crown ; but likewise humbly required , and in the bowels of our lord jesus christ beseeched all that feared god , to behave themselves as obedient subjects to her highness , and the supreme powers ordained under her ; and rather after their example to give their heads to the block , than in any wise to rebell against the lords anointed , quéen mary , in no point consenting to any rebellion or sedition against her highness . much lesse then ought his slight suggestions of ch. stuarts secret inclination to popery , against his constant avowed profession of protestantism in the very midst of the most jesuited papists , to be any argument at all for his protestant subjects not to assist , but to rise up and rebell against him , to keep him from the crown . ly . the extraordinary sottishnesse and infatuation of those protestants , who will be cheated , seduced by such jesuitical suggestions , calumnies , as nedham and others have published of him , touching his inclination to popery , to withdraw their affections , assistance from him , either to supply his necessities , or restore him , if not to his hereditary civil rights , yet at least to the comfortable fruition of gods ordinances and christian society in our protestant churches and kingdom for his spiritual consolation and salvation . ly . the most barbarous infernal matchlesse malice of those degenerated republican and army-saints , professing themselves stars of the greatest magnitude in the protestant orb , in expelling their undoubted natural hereditary protestant king , not only out of all his own protestant realms & dominions , but likewise out of holland and france , where he lived in exile , and had the relief and society of protestants , into flanders , the most jesuited place in the world ( as nedham prints ) where are none but papists ; enforcing him there to live upon their alms alone , and keep him there in exile ; on purpose to necessitate him , with his brothers , followers , adherents , to renounce the protestant religion and party , and become professed papists ; to destroy , murder his and their souls and bodies at once ; and deprive him of his eternal crown in heaven , as well as of his temporal crowns on earth . a be astonished , ô heavens , and be ye horribly afraid , at this unpresidented tyranny and treachery ; the highest malignity of jesuitism , and express revived image of the jesuites design , against his grandfather king henry the . of france ; who shifting his religion , by the jesuites perswasion to secure his crown and life against their malicious designs ; was soon after , b by their instigation , deprived of both , if not of his eternal crown ; by a stab through his heart , by one of their disciples , though he had bequeathed his heart to them by will , and built them a magnificent college , richly indowed by him with lands and plate . if then c the tree ( as christ himself resolves ) may be certainly known by its fruits , we may easily judge , from whence these rotten bitter fruits of jesuitism originally sprung , and who were the planters of those trees which bear them . but if they cannot effect this infernal design to destroy his soul and body together ; yet they will make use of it to murder his reputation , and render him a suspected , if not a devoted proselyte to popery , to debarr his return to his protestant kingdoms . d and shall not god visit for these sins ? shall not his soul be avenged on such a nation as this ? i shall add a th evidence , ( i only pointed at e before ) worthy special observation ; which will fully answer the late printed sheet , intituled , a clear vindication of roman catholicks from a foul aspersion cast on them by mr. prynne , and mr. baxster ; as if they made and headed sects , had a powerful influence upon the army , in relation to their proceedings against the late king , and changes , to reduce us under the power of rome ; which the namelesse author , saith , the chiefest of their clergy and laity ( with whom he hath spoken ) protest to be a black calumny . mr. p. and mr. b. do neither of them charge the roman catholicks in general , but only the jesuites , some of their priests , friers , and iesuitical faction , with these and other like practices , fully charged and proved against them , in iesuitarum per vnitas belgii provincias negotiatio , printed . hospinian , and ludovicus lucius , historia jesuitica , speculum jesuiticum , and others , as well papists as protestants . for their heading sects and the late quakers , i have divers instances , besides those published , to evidence it ; and for their deportment in relation to the kings death , and the change of our government , this one instance may satisfie them and others . when the king was executed before whitehall , jan. . . mr. henry spottesworth riding casually that way just as his head was cut off , espied the queens confessor there on horseback in the habit of a trooper , drawing forth his sword , and flourishing it over his head in triumph , ( as others there did ) at this spectacle . at which being much amazed , and being familiarly acquainted with the confessor , he rode up to him , and said ; o father ! i little thought to have found you here , or any of your profession at such a sad spectacle . to which he answered , there were at least forty or more priests and iesuites there present on horseback besides himself ; and that one end of his and their coming thither , was , that if the king had died a roman catholick he might not want a confessor , had he desired one . this the gentleman ( now dead ) and his sister ( whom the confessor oft sollicited to turn papists ) within few daies after , and at other times seriously related to a bencher of lincolns inne his familiar acquaintance ( who oft reported it to me and others ) using it as one chief reason , why they refused to turn papists ; and because they also found the jesuits and popish priests both before and after the kings death , had divers meetings about london , to alter the government , and disinherit the kings posterity . which compared with their releases from imprisonment , and free liberty they enjoyed , ever since the kings death til now under the new republike , whiles divers protestant ministers , gentlemen , noblemen , and some members were under close restraints , with the late proviso in the proclamation of iuly last ( occasioned by my narrative ) for banishing iesuites , priests , and such cavaliers of the kings party who had not compounded , ( the principal parties aimed at ) by the . of august , under pain of high treason : provided , that if any of them , ( jesuites or popish priests , a traytors by sundry laws yet in force , as well as protestant cavaliers , made traytors only by this new proclamation , equally ranged with iesuits , priests , and only inquired after ) should submit themselves to the present government , and give security for their obedience and peaceable deportment ; that this proclamation should not extend unto them ; but that they might still continue amongst us . since which i hear of sundry protestant ministers , gentlemen , noblemen , and some secluded members , secured , imprisoned , prosecuted in most counties , which every diurnal is fraught with , but not with one iesuit or popish priest yet apprehended , though there be multitudes of them in england . which new evidences , compared with those in my narrative and other publications , will i trust fully satisfie all disinteressed persons in this grand question , til time shall discover further proofs ( as it doth each year ) to resolve this controversie , if these be not sufficient . as for . rogers and his disciples , they deny the jesuits and popish party to have any share in our late changes , because they would monopolize the honor and reward thereof to themselves alone : witnesse this querulous passage to his revived high court of parliament , p. . we can tell you , that no men in england did more ( if so much move , run , write , méet , counsel , pray , sit up night and day to effect your return into the place of trust where you now are , than those whom you grieve , slight , frown upon , and do least for , in point of justice , conscience , or encouragement , this is grievous , and must needs prove dangerous to the whole at the last . and p. . we have suffered bonds , banishment , plunderings , perils of life , liberty , estates , , or . years together , in many prisons one after another ; and yet no reparation , restitution , provision , or encouragement , for holding out like fortresses , against so hard a siege . all this for the cause , and commonwealth : worthy of thanks at least , who have béen instruments of your restitution : but these are slighted by friends and foes : the pipers , dancers , and devisers of new forms to trouble us with : that are rather the incubus than incumbents of a frée-state . if this his complaint be true , it is either a just punishment of god upon him and them for their innovations , prov. . , . or an evidence , the jesuits and romanists had a greater share and activity in the cause , and our changes , than he and his . wee , which makes them so much slighted , and them in greater favor than before . the last question , professedly handled by nedham , obliquely by rogers , ( the substance of both their pamphlets ) is this , which concerns me as an english freeman briefly to debate ; that the world may judge , whether i and other secluded members be so * bedlam-mad , or such breakers of our trusts , and enemies to the publike , as they scandalously report us . whether our old hereditary kingly government , and restitution thereof to the right heir ; or late , yet unformed , revived commonwealth , and future establishment thereof , to prevent a relapse to kingship and kingly government , be englands true publike interest , as men or christians ? what i formerly alleged in my speech and memento . anatomy and narrative . in defence of kings and kingly government , and the mischiefs of a republike , ( to which these antagonists have not answered one syllable ) is sufficient to resolve this question : i shall only adde thereto by way of supplement , . in the affirmative : that the restitution and preservation of our old hereditary kingly government by common consent ( especially upon the substance of the late kings large concessions in the isle of wight ) is the only true publike interest of england , both as men and christians : as men , . because it is that form of government which all our predecessors in this island , whether britons , saxons , danes , normans , english have constantly embraced , continued , maintained , ( as all our * historians assert ) from its first plantation by brute , till . ( except during their sore bondage under the roman emperors and their deputies ) in all publique changes , revolutions , as the best , safest , freest , happiest , universallest , antientest , honorablest , durablest , divinest , least inconvenient , least oppressive , and most agreeable to the temper , welfare , desires , liberties of the people , of all other forms of government whatsoever . . because all our great councils , parliaments in all ages ( as their proceedings , acts , canons , and writs of summons attest ) have constantly maintained , continued , established , defended kings and kingly government , as their only publike interest , wherein the unity , peace , wealth , welfare , safety , liberty , property , and hereditary succession of all the subjects and their posterity in their lands and inheritances * most principally and specially , above all other wordly things , consist and rest : whereupon they have most carefully and vigilantly ‖ provided for the security of the kings royal person , succession , heirs , successors , the rights , privileges , jurisdictions , prerogatives , lands , revenues of the crown , and kingly government , against all treasons , conspiracies , insurrections , rebellions , attempts whatsoever to destroy , disinherit , suppresse , alter , subvert , impair them , or any of them , by sundry successive acts of parliament , sacred solemn oathes , obligations , securities of all kinds , in all ages , till . and the last parliament of kings charls ( whereof most now sitting were members ) by more solemn † printed oaths , protestations , vows , national leagues , covenants , petitions , votes , remonstrances , declarations , ordinances , than any or all precedent parliaments whatsoever , as i have elswhere proved at large , and the imprisoned and secluded members too in their vindication . ly . because the manifold incessant intestine and forein wars , insurrections , tumults , divisions , factions , revolutions , alterations , subversions of governments , parliaments , republikes , legal processe , proceedings ; the unconstant fluctuating condition of our state and civil affairs , the intollerable doubled , trebled , quadrupled taxes , excises , imposts , militiaes , and other exactions ( amounting under our former and present free state to one intire subsidy every week in the year , when as our former publike taxes under our kings , exceeded not usually one subsidy or fifteen in . or . years space ) the infinite unspeakable oppressions , rapines , plunders , sequestrations , confiscations , forfeitures of our offices , lands , estates ; imprisonments , close imprisonments , confinements , banishments , illegal restraints , executions of our persons , ransacking of our houses , studies , writings , and other grievances , outrages , violences we have suffred by unparliamentary conventicles , arbitrary tyrannical committees , new high courts of injustice , army-officers , souldiers , sequestrators , excise-men , and other instruments of oppression ; the sales , dissipations of all the crown lands , rents , and standing publick revenues of our . kingdoms , which should defray the ordinary expences of the government ; of bishops , deans , chapters , and many thousands of delinquents lands , estates , woods , timber , without any abatement of publike taxes ; the impoverishment , destruction of most of the antient nobility , gentry , corporations throughout our . realms ; the infinite decay of all sorts of trade by land and sea , of publick and private justice , truth , honesty , integrity , charity , amity , civil society , hospitality , neighbourhood , friendship ; the inundation of all sorts of vices , treachery , perjury , hypocrisie , cheating , lying , dissimulation , subornation of perjury , false accusations , forcible ejectments , detainers , robberies , murders , treasons , destruction of houses , timber , parks , woods , ponds , forests , with other miseries tending to publike desolation , we have felt , suffred , groaned under , without intermission , or any hopes or probability of redresse ; with sundry other incroachments upon the city and country in the freedom of their elections of mayors , aldermen , officers , knights , citizens , burgesses ; and the frequent securing , secluding of parliament members , & forces upon parliaments themselves to interrupt , dissolve them ever since the abolishing of our kings , kingly government , the erection of a pretended free state , or commonwealth , and prologues thereunto ; compared with judges . , &c. c. . , &c. c. . . ezech. . , , . c. . . c. . , . hos. . . c. . , , . are an infallible , experimental , sensible evidence , and demonstration , that kings and kingly government are englands true , only publike interest , as men . that it is so , as christians , is apparent : . by gods own promise to his church and people under the gospel : * that kings shall be their nursing fathers , and queens their nursing mothers ; more particularly † kings of the isles , ( chiefly verified of our island , as i have evidenced in my narrative , p. . and sir henry spelman in his councils , and epistle to them ) and none other kinde of governors expressed by name , but they , in sacred writ . . by the tim. . , , . i exhort therefore , that first of all supplications , prayers , intercessions , and thanksgivings be made for all men ; for kings , and for all in eminent places ( under them ) that we may lead a quiet and peaceable life in all godliness and honesty ; for this is good , and acceptable in the sight of god our saviour : compared with ezra . . c. . . jer. . . which duty of making supplicatious , prayers , intercessions for kings and emperors , whether pagan or christian , heterodox or orthodox , protectors or persecutors , the churches , christians & saints of god in all ages , places , kingdoms have constantly & conscientiously practised , as their interest , and the principal means prescribed by god himself , for their quiet , peace , good , welfare , safety , prosperity , increase in godlinesse , honesty , and well-pleasing unto god their saviour ( whose * loving kindnesse is better to them than life , and their greatest felicity ) as i intend to evidence in a particular treatise . neither hath the church and people of england been inferior to any others in this duty , as i could abundantly evidence by ancient canons , missals , processionals , liturgies , the a clause rolls in the tower , and other testimonies , with the praiers used at our kings coronations before the reformation of religion , which i pretermit , and shall give you only a brief touch of their loyalty and practice since we became protestants . at the respective coronations of king edward the . king james , and king charles , there were sundry excellent servent prayers and supplications powred out to god with ardent affections on their behalfs : wherein all the prelates , clergy , nobility , gentry , people present at this solemnity prayed frequently for the kings long life , health , wealth , honor , safety , prosperous reign , victory over all his enemies , increase of all royal graces , b vertues , for all temporal , spiritual blessings , and eternal glory in heaven , &c. to be abundantly powred forth upon his own royal person ; and likewise for the increase and succession of his royal posterity in the throne in all ages , in these ensuing words in . several praiers . establish him in the throne of this realm , visit him with increase of children , that his children may be kings to rule this kingdom by succession of all ages . let the blessings of him that appeared in the bush descend upon his head , and the fulness of his blessings fall upon his children and posterity . let his horn be exalted as the horn of a vnicorn , by which he may scatter his enemies from the face of the earth . the lord which sitteth in heaven be his defender for ever and ever , through jesus christ our lord . amen . after sundry such prayers and his coronation , all the spiritual & temporal lords present kneel down and do their homage to him in these words . i become your man , and shall be faithfull and true , and troth bear unto you our soveraign lord , and to your heirs kings of england , of life and limb , and of earthly worship , against all men that now live and die . and i shall do and truly knowledge the service of the lands which i claim to hold of you , so god help me . all of them kissing the kings left cheek . the homage being ended , they all touch the crown with their hands , by way of ceremony , as promising to support it with all their power . which done , they all holding up their hands together , in token of their fidelity , with one voyce on their knees say , we offer to sustein and defend you and your crown with our lives , lands and goods against all the world : and with one voyce cry , god save king charles . which all the people follow with reiterated shouts and acclamations . after the coronation of every king , and of our last king charles , in all churches , chapels , and religious families throughout his dominions , and in both houses of parliament every day they sate ( as well after as before the wars ) constant publique and private prayers , were continually made to like effect for him and his royal posterity , as the liturgy , collects in the book of common prayer , the directory it self , the practice of piety , and other prayer-books prescribing forms of prayer for private persons and families morning and evening , and every mans experience attest ; yea such was our zeal and devotion in this kinde , that most persons concluded all their graces before and after meat , with this prayer , or the like in effect , god save his church , our king , prince , the royal issue and realms ; god send us peace in christ our lord , amen . as being englands true interest both as men and christians . how can , how dare we then unpray , renounce , abjure , engage , subscribe , vote , fight against all those publike , private prayers , graces we thus constantly , fervently made to god for sundry years together , and the oathes , homage , fealty , protestation , solemn league and covenant we successively swore in the name , presence of almighty god , with hands and hearts lifted up to him , by praying , engaging , subscribing , voting , fighting against the kings right heir , successor , and royal issue , and banishing , dishinheriting , renouncing , abjuring , secluding them out of all our churches , prayers , realms for ever , to set up an vtopian republike , without * mocking god himself to his very face , willfully violating this evangelical precept , contradicting the practice of all the churches , saints of god in all ages , places , yea disclaiming englands publike with our own private interest , and forfeiting our own eternal interest in heaven , as we are saints and christians ? i beseech all christian englishmen in the name and fear of god , most seriously to consider and lay it close to their consciences , without delay , and examin how they can justifie , excuse it either to god or man . ly . by the extraordinary inundation , growth , increase of all sorts of blasphemies , heresies , errors , religions , sects , atheism , irreligion , prophanesse , contempt , rejection , denial of gods word , sacraments , ministers , ordinances , prayer , singing of psalms , catechising , repetition of sermons , apostacy , lukewarmnesse , hypocrisie , perjury , spiritual and outward pride , effeminacy , luxury , whoredom , incest , hypocrisie , formality , envy , hatred , malice , back-biting , slandering , sacrilege , libertinism , covetousness , oppression , cruelty , all sorts of sins and wickednesses whatsoever . the strange decay , decrease of true real christian zeal , piety , devotion , saith , love , charity , brotherly kindnesse , heavenly-mindednesse , contempt of the world , fear of gods threatnings , judgements , and all other christian graces , virtues : substractions of ministers tithes , dues , glebes , rewards , pensions , benefices , augmentations ; scorned , reviled , railed against , disturbed , persecuted by sectaries , quakers , sequestred , suspended , ejected , silenced by arbitrary committees , as meer tenants at will of their ministry and freeholds , ever since the abolishing of kings , their nursing-fathers , by those various step-fathers , and plunderers of the church and ministers who have hitherto succeeded them , and given publike toleration , protection to all religions , sects , seducers , almost to the total extirpation of the true orthodox reformed religion throughout our dominions . to this i shall adde , that as there neither is nor can be any possible ease , or cure of dislocated , fractured joints , bones , limbs in the natural body , nor restitution of health and soundnesse to it by any unguents , cerots , balms , bolsters or artifices whatsoever , but only by the timely , speedy restitution of every bone , joynt , member to its proper place , and keeping them therein by strong astringent medicaments and ligaments : so all our new state-physicians , chirurgions , a politicians , councils at westminster , whitehall , or in the army , with all their art , skill , for near . years space together , by all their new-projected models of republikes , parliaments , governments since the abolishing kings and kingship , could not hitherto ease , cure , or restore to health , the inverted , broken bodies of our church , state , ( which have grown every year more and more consumptive , convulsive , decrepit , incurable , disquieted , tormented , and lie now at the very point of death , under all their several applications , as we feel by sad experience ) because they have not endeavoured to restore the fractured , dislocated chief members , bones , joynts thereof to their proper places , but laboured all they could to keep and put them further out ; when as there neither is nor can be any probable or possible way of restoring ease , health , soundnesse , safety , prosperity to them , but by a speedy restauration of their lawfull hereditary head , and noblest members to their due places , offices in them . this consideration , not only the secured and secluded members made the ground-work of their premised vote , decemb. . . upon the long debate ; but likewise both houses , kingdoms , and those now sitting together with them , the basis of their protestation , league , covenant , petitions to , and treaties with the late king , and of these two memorable protestations , passages in their b declarations of october . and novemb. . . worthy consideration . we the lords and commons in this present parliament assembled , do in the presence of almighty god , for the satisfaction of our consciences , and the discharge of that great trust which lies upon us , make this protestation and declaration to the kingdom and nation , and the whole world ; that no private passion or respect , no evil intention to his majesties person , no design to the prejudice of his just honor and authority , engaged us to raise forces , or take take up arms against the authors of this war , wherewith the kingdom is now enflamed , and we have alwaies destred from our hearts and souls , manifested in our astions and proceedings , and in several humble petitions and remonstrances to his majesty , professed our loyalty and obedience to his crown , readiness and resolution to defend his person and support his estate with our lives and fortunes to the uttermost of our power : and by our loyal affections , actions and advice lay a sure and lasting foundation of the greatness and prosperity of his majesty , and his royal posterity in future time . mark their reason : for though the happiness of this and all other kingdoms dependeth chiefly upon god ; yet we acknowledge that it doth so mainly depend upon his majesty and the royal branches of that root , that as we have heretofore , so we shall hereafter esteem no hazard too great , no reproach too vile , but that we shall willingly go through the one , and undergo the other , that we and the whole kingdom may enjoy that happiness , which we cannot in an ordinary way of providence expect from any other fountain or streams than those from whence ( were the poyson of evil counsels once removed from about them ) we doubt not but we and the whole kingdom should be satisfied most abundantly . the philosopher * seneca asserts , that all nations are most ready not only to guard and defend their king , though old or decrepit , but to preserve his life with the hazard of thousands of their own ; not out of any basenesse or frenzie , but because it is their own interest and safety . ille est enim vinculum per quod respublica cohaeret ; ille spiritus vitalis , quem haec tot millia trahunt , nihil ipsa per se futura , nisi onus & praeda , si mens illa imperii subtrahatur . — * rege incolumi mens omnibus una ; amisso rupêre fidem : hic casus romanae ( i may add anglicae ) pacis exitium erit , hic tanti fortunam populi in ruinas aget . tamdiu ab illo periculo aberit hic populus , quamdiu sciat ferre fraenos : quos si aliquando abruperit , vel aliquo casu discussos reponi sibi passus non erit , haec unitas , et hic maximi imperii contextus in partes multas dissiliet , idemque huic urbi dominandi finis erit , qui parendi fuerit . ( which we have found true by sad experience ) ideo principes , regésque non est mirum amari ultra privatas etiam necessitudines . nam si sanis hominibus publica privatis potiora sunt ; sequitur , ut is quoque carior sit , in quem se respublica convertit . olim enim ita se induit reip : caesar ut diduci alterum non possit sine utriusque pernicie : nam ut illi viribus opus est , ita et huic capite . therefore let nedham , rogers , or other pseudo-politicians scrible what they please , to flatter any prevalent , ambitious , covetous faction or grandees whatsoever , yet if all our antient parliaments , lords , commons , seneca , our own experience , god himself , or solomon the wisest of men , of kings , may be credited ( prov. . . c. . . eccles , , . c. , . hos. . , . hab. . , , . ezech. . , to . zach. . . lam . . ) there is no other probable , safe , speedy way to prevent our ruine , cloze up our breaches , settle our church , state upon lasting foundations , and recover their pristine honor , wealth , peace , unity , prosperity , but by restoring our hereditary king and kingship , the real interest of all england , and of scotland and ireland too , both as men and christians : which we ought in prudence , justice , conscience , dutie , pietie , loyaltie , now zealously , constantly , unanimously to pursue against all contradictions , oppositions of any private persons , parties self-interests whatsoever : who if they had any true fear of god , any conscience of their former oathes , protestations , vows , covenants , declarations , remonstrances , any loyaltie to their hereditarie king , any bowels of compassion or cordial affection to their native countries peace , safety , ease , settlement , or zeal to the reformed religion , would like that heroick publike spirited pagan roman emperor * otho , chuse rather to make a voluntary sacrifice of themselves and all their usurped power ( as he did , against all the dissuasions of his army , soldiers , friends , relinquishing the empire to vitellius his competitor ) than imbroil the empire and romans any longer in bloudy destructive wars , not against hannibal , pyrrhus , or any other common enemies of rome , but against the romans themselves , wherein both the conquerors and conquered did but weaken , ruine and destroy their own country , nation by their contests , and make themselves a derision , prey to their forein enemies : as our grandees do now . for the negative ; that the late revived yet unformed commonwealth , and its future establishment , to prevent a relapse to kingly government , neither is , nor can be englands true interest as men or christian , is evident by the premises : and these ensuing reasons . . it never was once in imagination or projection of the parliament or army , before the year . but only of the jesuites , campanella , and our spanish , french , popish adversaries , purposely to ruine our protestant kings , kingdom , religion . . it was professedly disclamed , * voted , declared against , as treasonable , and destructive to the being of parliaments and fundamental government of the kingdom ( when objected by the kings party , . and propounded to the house by the levellers and agitators ) by both houses of parliament and the general council of officers in the army : in june , july , august , november . . the commonwealth contested for as englands interest , is as yet but only ens in potentia , or meer chaos , a rudis indigestaque moles ; b without form and void , and darkness is upon the face of it ; the chief sticklers for it , being not yet accorded what kinde of creature it shall be ; and much divided both in their debates , judgements , affections , opinions concerning it : some would have it to be an c aristocraty , others a democraty , many a theocraty , some an oligarchy ; many are for a roman , some for an athenian , others for a lacedemonian , not a few for a venetian , another partie for a helvetian , or dutch commonwealth . some for a vast body with two heads ; others for a head with two bodies ; a third sort , for a body without any head : printing against each others models with much eagerness . now that such an individuum vagum , rude chaos , and commonwealth as this , not yet agreed upon , should be englands interest , and the good old cause , as rogers , nedham , harrington , and others would make men believe , is not only a fancy , but frenzy to assirm ; seeing englands interest was ever in being since it was a kingdom , and their vtopian republike like the chymists philosophers-stone , never yet in esse , but in fieri , or fancy at the most , and a meer new nothing , as their mercuries inform us . ly . the late unshaped , revived commonwealth and pretended free state , at its first erection , like a prodigious all devouring , unsatiable monster , raised our monethly contributions , from . to one hundred , and sixscore thousand pounds contribution each moneth , and since its new revival hath raised a whole years tax upon our exhausted purses in . months space , and then imposed no lesse than one hundred thousand pounds each moneth , in lieu of the former thousand ; besides excises , customs , new intollerable militiaes , amounting to thrice as much more : besides it consumed all the crown-lands , church-lands , & publike revenues of our . kingdoms , with thousands of delinquents estates , all alienated , dissipated , being more expensive , oppressive , wastefull to our nation in ten years space , than all our kings since the norman conquest , or saxon line ; only to make us greater slaves to our late mercinary army , servants , & fellow subjects , than ever we were to our beheaded king , or any of his roial predecessors , whose a loyns were nothing so heavy , as their little finger ; chastising us with scorpions in new arbitrary , tyrannical committees , high courts of justice , and other exorbitant judicatures ; when as our kings corrected us but with rods . it hath subverted our kings , parliaments , peers , laws , liberties , properties , great charters , legal courts , writs , seals , commissions , judges , justices , sheriffs , officers , coyns , government ; destroyed our publike and private wealth , trade , unitie , amitie , peace , timber , palaces , woods , shipping , and many thousands of our gallantest sea-men , land-men , by bloudy wars with our protestant brethren , allies , and brought us to the very brink of ruin in all our civil concernments , as men . as christians , by its toleration , fomentation of sects , heresies of all sorts , it hath shaken , undermined in a great measure , the very deitie of god the father , god the son , and god the holy ghost , the trinitie of persons and unitie in the godhead ; the authoritie , divinitie of the scriptures ; all the articles of the creed , the sacraments , ministers and ministrie of the gospel ; the fabricks of many , the freeholds of all , the maintenance of most of our churches , ministers , all now meer tenants at sufferance , and removable , sequestrable , taxable at our republican grandees pleasures , yea their new heralds , baylifs to proclame in chnrches whatever they prescribe , under pain of ejectment or their heaviest indignation . in brief , the introduction of our unshaped republike by perjurie , treacherie , violence , bloud , fraud , injustice , destruction of our protestant kings , lords , parliaments , hath made many zealous professors of religion jesuites in their policies , principles , practises , a atheists in their works ; christ himself and the gospel ( as the atheistical pope esteemed them ) a meer fable , in the repute of many , yea the protestant religion , a meer seminary of treason , rebellion , sedition , hypocrisie , perjury , disloyalty , villany , ataxy , antimonarchy ; and the zealous professors of it , the meer firebrands of rebellion , sedition , high treason against their soveraigns , in the estimation of b foreign jesuits , papists , and popish princes ; who endeavour their total extirpation throughout the world as such . and can it be then englands true interest , as men or christians ? . j. rogers himself ( the grand champion for the good old cause and commonwealth ) in his concertation , p. , , , , . informs us ; that commonwealths are alwayes subject to frequent changes and alterations , every one more oppressive , tyrannical , cruel , bloudy , prejudicial , destructive to the peoples liberties , properties , lives , than the others ; instancing in the romans , and athenians , which committed the greatest outrages upon the people , being little better than a daily massacre of the most eminent worthies , and hangmen , tormentors of the commons ; which vicissitudes , alterations , proved the athenians utter destruction , and may be a fair warning to us ; because the causes of such mutations , are the most dangerous commotions , which tend to the ruine of all ; as he proves out of aristotle , polit. l . c. . for prevention whereof he prescribes considerations , unable to cure the fluctuating uncertain state and mischief of a commonwealth ; of which we have already had , and shall sodenly have again sufficient experience . and can a commonwealth then be englands present or future interest in any sence ? in brief , as it is the beautie , safety , interest of every natural living body , whether of men , beasts , fowls , fishes , or creeping things to have only one head to govern , one soul to animate it by gods own most divine and wise institution ; a two-headed bodie being an unnatural uselesse monster , and a double-souled man , creature , unstable in all his wayes , jam. . . so it is the safetie , beautie , interest , ligament of every politick bodie whatsoever . hence we find not only in all monarchies , but in all republikes themselves , one master over every family , one mayor over every city , one rector over every college , school , hospital , fraternitie ; one sheriff over every county , one governor over every province , one rector over every parish church and congregation , as there is but ‖ one king , lord , head , mediator jesus christ , over the catholike church ; one pilot over every ship , one admiral in chief over every fleet ; and in armies themselves , one general and chief commander over every army , brigade , partie ; one colonel over every regiment ; one captain over every companie , troop , one governor over every fort , garison both abroad and at home ; a pluralitie of lords , masters , generals , governours , rectors , &c. being alwaies in all and every of these not only dangerous , troublesom , inconvenient , chargable , but distractive and destructive too , as all ages , nations have concluded from reason and experience . therefore , a monarchical , hereditarie kingly government ( let rogers , nedham , and our innovating frantick republicans prate what they will ) must be englands true and only interest , honor , safety , felicity , both as men and christians , so long as there shall be but * one sun in the heavens to rule the day , and one moon the night , monarchy and one-nesse being the only ground , ligament of peace , unity , safety both in church & state ; but polarchie the cause of ruin , confusion ; as god only wise resolves against all brain-sick novellers , ephes. . , , , , cor. . . c. . , , , , to . pro. . . isay . , . c. . , , . ezech. . , to . kings . . c. . . . let this last question be now put to all the freemen of the english nation and of scotland , ireland too ) whom it all alike concerns , and the a army with those b now sitting , have formerly voted , to be the only supreme authority of the nation , and themselves to be but their servants , not their soveraigns , and therefore cannot in reason , justice , conscience deny them , or any of them the freedom of their voices herein , in the present juncture of our affairs ; and then i dare pawn my reputation , life , against my antagonists , i shall have above a thousand voices concurring with me , to one , consenting with them : and having both vox populi , and vox dei too , thus suffragating with me , in the supreme universal parliament of all english freemen without the house , i hope no private persons , not commissioned by the peoples free elections , will presume to contradict or repeal their major vote , within the commons house , though they have thrice secluded me out of it by armed guards , before any legal accusation , trial or conviction whatsoever , from pleading of this their publike cause therein : which i wholly submit to their universal censure and decision , till we can gain a full and free , much-desired legal parliament in both houses , to resolve this doubt , which gods wonder working providence , i trust will ere long effect , by dashing the army and their new juncto sudainly in pieces against each other , and turning them all out of dores , with greater contempt , violence , hatred , dissipation than before , april . . it being a principle in law , policy , nature ; eodem modo quo quid constituitur , dissolvitur , and a just judgement of god , to cast them out of the house , for their most treasonable vsurpation of a regal and parliamental power over the whole three kingdoms , and secluding the majority of their fellow members against all rules of law , justice , conscience , the rights , privileges of parliament , and their former protestation , league , covenant , remonstrances , by the self-same army-officers , who secluded them by their confederacie ; and now have called them in again , for the ends recited in my narrative ; which if they refuse to prosecute , at the armies and sectaries instigation , john rogers his scurrilous passages and queres , against the old secluded members , p. , , , &c. and nedhams large justification of their former seclusion , upon false , irrational , jesuitical principles , will sufficiently animate them to thrust their masters out of doors , uppon the self-same reasons and false pretences he allegeth for that seclusion , with their approbation ; yea rogers his discontented passages forecited ( p. , . ) threaten some sudden approaching storm and ejection to them which they shall not escape ; — nec enim lex justior ulla quam necis artifices arte perire suâ . so that all the surviving re-secluded members , and our oppressed wearied nations shall ere long once more have cause to say and sing with the kingly prophet , ps. . , . the heathen are sunk down in the pit that they made ; in the net which they hid , is their own foot taken . the lord is known by the judgement which he executeth , the wicked is snared in the works of his own hands . haggaion . selah . swainswick , sept. . . finis . errata . courteous reader , correct these errors at the press by means of the authors absence in the country . page . l. , . often distilling , r. against all disserting , l. . his , an , p. . l. . r. who yet continued , p. . l. . r. . p. . l. ● . it . r. them , p. . l. . therefore , whereupon , l. . stronger , r. stranger , p. . l. . cause , r. course . p. . l. . r. barclay and the very jesuites , l. . & . this jesuits , r. the iesuites . he speaks , they speak , p. . l. . in , l. . retained , p. . l. . being r. over , p. . l. . disowned , l. . thus , that , l. . and , but , p. . l. . seeming , r. surviving , p. . l. . volumes , vollies , p. . l. . up , us , p. . l. . r. jesuites and barclay p. . l. . jugalarunt . notes, typically marginal, from the original text notes for div a e- a pet. . . jude . b in his , p. . to . c pag. . . d p. , , , , , . e his own phrases , p. , . f p. , , . g p. , . h p. , , , , &c. i psal. . . question . k rogers , p. . l see my speech , dec. . p. . to . m as himself proves concertation , p. , . n page . quest . . a page , . b in my epistle before my speech , dec. . . and vindication of the secured and secluded members . a tertull. apologia pro christianis . a see the epistle & appendix to my speech , . a john . . a the armies declaration , apr. . august . . and a true state of the common wealth of england , p. , . a see the second part of my register , & kalendar of all parliamentary writs . objection . a nedham , p. . a see their declaration & votes m. . for suppressing the lords house . b see my plea for the lords . question . * pag. , to . a deut. . . c. . . john . . acts . . c. . . magna charta c. . & cook ibidem . b see my plea for the lords , p. , to . * in his bridebush . * see speed , trussel , holinshed , walsingham , hall , stow , and others in r. . & h. . my plea for the lords , p. , to . a see the acts , votes , declarations against them . * page , . * totles mag : charta , f. . hen. de knyghton de event . angl. l. . c. . my plea for the lords , p. , , , , , . exact abridgement , p. . . . . to . * hobards reports , p. . . quest . . quest . . a p. , to . a p. , to . i see their printed petitions to that effect to king james mr. edwards gangraenaes and treatise against toleration . k see my epistle before my historical and legal vindication . e {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , p. , to . a see militiere his victory of truth , dedicated to him : & mutatus polemo p. , . a rerum anglicarum , annales , lond : . p. . p. . & mr. fox , vol. . b acts and monuments , vol. . p. , . a jer. . . b see the general history of france . hospinian , & ludovicus lucius , hist. jesuitica , l. . c. . speculum jesuiticum , p. , . c mat. . , . d jer. . , . e true & perfect narrative p. . a eliz. c. . eliz. c. . jac. c. . jac. c. . question . * rogers , p. . , , , . nedham , p. , &c. * see gildas , beda , aethelred , mat. westminster , geoffry monmouth , wigorniensis , malmsbury , huntingdon , hoveden , matt. paris , walsingham , simeon dunelmensis , brompton , knyghton , holinshed , grafton , speed , fox , baker , cambdens britannia . * h , , c. . eliz. c. , , . jac. c. , . with the acts in the narrative , p. , . ‖ see rastal treason , crown , provision , & praemunire , rome , recusants . † see an exact collection , and collection of them , my speech , memento , prynne the member reconciled to prynne the barrester , the good old cause truly stated . * isay . . c. . , , . † ps. . , . isa. . , . c. . . c. . . , . c. . . * ps. . . a cl. e. . dors . , . cl. e. . d. . . cl. e. . d. . cl. e. . d. . . cl. e. . d. . . cl. e. . d. . , . b liber regalis . ms. the breef of the rites & prayers used at the kings coronation ms. * gal. . . a see their declaration , may . . b exact collection , p. , , , , see p. , . , to , , . * de clementia , l. . c. , . * virgil . georg . l. . * suetonius , tacitus , eutropius , plutarch , & grimston in his life . * exact collection , p. , , , . see my speech , p. , , , , . a ovid metamorph . lib. . b gen. . . c rogers concertation , p. , , &c. a chron. . . a titus . . pet. . . jude . b cornelius cornelii praefatio in minores prophetas . militiere his victory of truth . see my narrative , p. . ‖ ezech. . . ephes. . , , . cor. ● . . . * gen. . . ps. . . a in their agreement of the people , & declaration , novemb. . b jan. . . by the council of state. a proclamation. the council of state having received information, that since the escape made out of the tower of london, by colonel john lambert, a person of loose principles, and reduced, by his own miscarriages, into a desperate fortune, he doth endeavour without any colour of authority, to rendevouz such of the souldiers ... proclamations. - - england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the council of state. a proclamation. the council of state having received information, that since the escape made out of the tower of london, by colonel john lambert, a person of loose principles, and reduced, by his own miscarriages, into a desperate fortune, he doth endeavour without any colour of authority, to rendevouz such of the souldiers ... proclamations. - - england and wales. council of state. sheet ([ ] p.) printed by abel roper and tho. collins, printers to the council of state, london : [ ] at end: "given at the council of state at whitehall, this one and twentieth day of april, ". "john lambert, since his escape, is trying to foment a new war. all persons aiding him are proclaimed traitors. his and their estates are forfeit. his adherents are to submit themselves within hours."--steele. title from caption and opening lines of text. reproduction of original in the folger shakespeare library. eng lambert, john, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation. the council of state having received information, that since the escape made out of the tower of lo england and wales. council of state c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ by the council of state . a proclamation . the council of state having received information , that since the escape made out of the tower of london , by colonel john lambert , a person of loose principles , and reduced , by his own miscarriages , into a desperate fortune , he doth endeavour without any colour of authority , to rendevouz such of the souldiers , and others , as , by falshood and mis-information he can with-draw from their obedience , and to engage them to a conjunction with him , in order to the raising of a new war , the embroiling the nation in blood , and distractions , the making of disturbances in opposition to the present government , as the same is established , and the hindering of the members from meeting in the next parliament , on whose free counsels , under god , the hopes of setling these nations do principally depend : they do therefore hereby declare the actions and proceedings of the said colonel john lambert , to be high treason , and himself , for the same , a traytor . and do strictly charge , require , and command all , and every person and persons , adhering to , and joyning with him , in such his treasonable attempts and endeavours , forthwith to withdraw and separate from him at his , and their uttermost perils : and the council do further declare , that whatsoever person or persons , of what condition or quality soever he or they be , whether souldiers , or others , shall presume after the publication hereof , to joyn with , or assist him therein , all , and every such person and persons , shall be reputed guilty of high treason , and incur the pains and penalties , which by law , are to be inflicted on traytors ; and his , and their estates shall be forthwith seized and sequestred to the use of the commonwealth . and that every person ▪ who hath been so far deluded , as to adhere to , and joyn with him therein , and shall not within twenty four hours after the publication hereof , in the county or place where such person or persons are or shall be , wholly desert and withdraw from him , and his party , submit to the present authority , and render himself to the governour of the next garrison , or commander in chief of the next forces of this commonwealth , under the obedience of the present government , quartering in the countrey where such person shall at that time be , all , and every such person and persons , shall incur the same pains , penalties , and sequestration , and be proceeded against , as aforesaid . and all the militia forces of this commonwealth , and all other well-affected persons whatsoever , are required to be aiding and assisting in the surprizing and subduing of the said john lambert , and all such as shall be accomplices with , or adhere to , and assist him in his said treasonable practises , or any others that shall in any part appear in arms , without authority from the parliament , the council of state , or general . given at the council of state at whitehall , this one and twentieth day of april , . london , printed by abel roper and tho. collins , printers to the council of state . a proclamation for quieting the post-master general his deputies and assigns in the execution of his office james r. england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for quieting the post-master general his deputies and assigns in the execution of his office james r. england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) printed by the assigns of john bill deceas'd, and by henry hills, and thomas newcomb ..., london : . reproduction of original in huntington library. broadside. at head of title: by the king, a proclamation. at end of text: given at our court at windsor the seventh day of september, . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- post office. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion j r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation , for quieting the post-master general his deputies and assigns in the execution of his office. james r. whereas our dearly beloved brother the late king was pleased by his proclamations to signifie his pleasure for exempting from bearing offices and quartering of soldiers his post-master general and all inn keepers , victuallers and other persons , who were actually post-masters , masters of the letter office or pacquet boats , and employed by the post-master general or his deputy in the grand letter office in london ; vve purposing to continue the said priviledges and exemptions , which vve conceive to be for our service , are graciously pleased , and do accordingly hereby declare our vvill and pleasure to be , that no soldier , horse , foot , or dragoons be quartered in the house of any inn-keéper , victualler , or other person , who is or shall be actually a post-master , master of the letter office or pacquet boats , and employed by our post-master general for the time being , or his deputy , or some other person or persons commissionated by vs for the management of the office or place of post-master general , by vertue of some deputation or commission from our post-master general or his deputy , or such other person , who shall be therein employed by vs , and that if any such soldiers be already quartered upon any such person as aforesaid , they be forthwith removed from his house to some other place . and our further vvill and pleasure is , that our post-master general for the time being , his deputies , servants , and assigns shall be from henceforth freed and exempted and discharged off and from serving upon all iuries , inquests , musters or any other publick employments or attendances , that may any way impede , retard , or prejudice the execution of his or their duty and service in the said office , and from all pains and penalties , which he , they , or any of them might or may incur for or by reason of his or their omission or refusal to perform the said employments or any of them . and our further vvill and pleasure is , that all our officers both civil and military do take notice hereof and conform thereunto accordingly . given at our court at windsor the seventh day of september , . in the first year of our reign . god save the king. london , printed by the assigns of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty . . tuesday the th. of december . resolved, &c. that on the fifth day of january next, this house will take into consideration the cases of all absent members, and also how to supply the vacant places, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) tuesday the th. of december . resolved, &c. that on the fifth day of january next, this house will take into consideration the cases of all absent members, and also how to supply the vacant places, ... england and wales. parliament. sheet ([ ] p.) printed by john streater, london : . title from caption and first lines of text. order to print signed: thomas st. nicholas, clerk of the parliament. annotation on thomason copy: "xber [i.e., december] ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no tuesday the th. of december . resolved, &c. that on the fifth day of january next, this house will take into consideration the cases o england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) tuesday the th . of december . resolved , &c. that on the fifth day of january next , this house will take into consideration the cases of all absent members , and also how to supply the vacant places , in order to the filling up of the house ; and that in the mean time , it be referred to a committee to consider of all proceedings , and all orders , and cases touching absent members , and make their report at the same time . and the said committee are to meet this afternoon at two of the clock in the speakers chamber , and so de die in diem , and to adjourn from place to place . ordered , that this resolve be forthwith printed and published . thomas st. nicholas , clerk of the parliament . london printed by john streater . . a collection of such of the orders heretofore used in chauncery, with such alterations & additions thereunto, as the right honorable the lords commissioners for the great seal of england, by and with the advice and assistance of the honorable the master of the rolls, have thought fit at present (in order to a further reformation now under their lordships consideration) to ordain and publish, for reforming of several abuses in the said court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. england and wales. court of chancery. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a collection of such of the orders heretofore used in chauncery, with such alterations & additions thereunto, as the right honorable the lords commissioners for the great seal of england, by and with the advice and assistance of the honorable the master of the rolls, have thought fit at present (in order to a further reformation now under their lordships consideration) to ordain and publish, for reforming of several abuses in the said court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. england and wales. court of chancery. lenthall, william, - . keble, richard, fl. . whitlocke, bulstrode, - or . , [ ] p. printed by john macock for francis tyton, and are to be sold at his shop at the three daggers neer the inner-temple, fleetstreet, london : . with an initial imprimatur leaf. marginal notes. signed on p. [ ]: b. whitelock c.s.[,] rich. keble c.s.[,] w. lenthall master of the roles. annotation on thomason copy: "nouemb: ". reproduction of the original in the british library. eng england and wales. -- court of chancery -- early works to . equity pleading and procedure -- england -- early works to . law reform -- great britain -- early works to . a r (thomason e _ ). civilwar no a collection of such of the orders heretofore used in chauncery,: with such alterations & additions thereunto, as the right honorable the l england and wales. court of chancery. b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a collection of such of the orders heretofore used in chavncery , with such alterations & additions thereunto , as the right honorable the lords commissioners for the great seal of england , by and with the advice and assistance of the honorable the master of the rolls , have thought fit at present ( in order to a further reformation now under their lordships consideration ) to ordain and publish , for reforming of several abuses in the said court , preventing multiplicity of suits , motions , and unnecessary charge to the suitors , and for their more expeditious and certain course for relief . london , printed by john macock for francis tyton , and are to be sold at his shop at the three daggers neer the inner-temple , fleet street . . imprimatur , hen : scobell , cleric . parliament . pleadings . that no councellor do put his hand to any bill , answer , or other pleading , unless it be drawn , or at least perused by himself in the paper-draught , before it be engrossed , ( which they shall do well , for their own discharge , to sign also after perusal . ) and councell are to take care that the same be not stuft with repetitions of deeds , writings , or records in haec verba ; but the effect and substance of so much of them only , as is pertinent and material to be set down , and that in brief terms , without long and needless traverses of points not traversable , tautologies , multiplication of words , or other impertinencies , occasioning needless prolixity , to the end the ancient brevity , and succinctness in bills , and other pleadings , may be restored and observed . much less may councel incert therein any matter meerly criminous or scandalous under the penalty of good costs to be laid on such councel , and payd to the party grieved before such councel be heard in court . pleas & demurrers . forasmuch as the defendant being served with process to answer , may by advice of councel , upon sight of the bill only , be enabled to demur there unto , if there be cause ; or may by like advice be enabled to put in any just plea , which he hath in disability of the person of the plaintiff , or to the jurisdiction of the court : it is therefore ordered , that such demurrer , or such plea in disability , or to the jurisdiction of the court under the hand of councel learned , shall be received and filed , although the defendant do not deliver the same in person , or by commission ; and therefore if the defendant shall pray a commission , and thereby return a demurrer only , or only such plea which shall be afterwards over-ruled , the defendant shall pay five marks costs ; and although it be allowed , the defendant shall have no costs in respect of the plaintiffs needless trouble , occasioned by such commission . no demurrer shall be said to be received , or to be of effect in court , until the same be filed to the bill in the custody of the six clerk , being the plaintiffs attorney . no more shall any bill , answer , or other pleading , be said to be of record , or to be of any effect in court , until the same be filed with such of the six clerks , with whom it ought properly to remain . every demurrer shall express the several causes of demurrer , and shall be determined in open court . and such pleas also as are grounded upon the substance and body of the matter , or extend to the jurisdiction of the court , shall be determined in open court : and for that purpose the defendant is to enter the same with the register , within eight days after the filing thereof ; or in default of such entry made , the same shall be disallowed of course , as put in for delay , & the plaintiff may then take out proces to enforce the defendant to make a better answer , and pay forty shillings costs , and the same shall not afterwards be admitted to be set down or debated , unless ( upon special reason shewed to the court before such proces to make better answer be taken out ) it shall be otherwise ordered by the court . and if any cause of demurrer shall arise , and be insistest on at the debate of the demurrer ( more then is particularly alledged ) yet the defendant shall pay the ordinary costs of over ruling a demurrer , ( which is hereby ordered to be five marks ) if those causes which are particularly alledged be disallowed , although the bill , in respect of that particular , so newly alledged , shall be dismissed by the court . a plea of outlary , if it be in any suit for that duty , touching which , relief is sought by the bill , is insufficient according to the rule of law , and shall be disallowed of course , as put in for delay , and the plaintiff may ( notwithstanding such plea ) take our proces to enforce the defendant to make a better answer , and pay five marks costs ; otherwise a plea of outlary is always a good plea , so long as the outlary remaineth in force , and therefore the defendant shall not be put to set it down with the register : and after the said outlary reversed , the defendant upon a new subpena served on him , and payment unto him of twenty shillings costs , shall answer the same bill , as if such outlary had not been : but if the plaintiff conceive such plea of outlary through mispleading , or otherwise , to be insufficient , he may , upon notice given to the clerk , on the other side set it down with the register to be debated with the rest of the pleas and demurrers in course ; but if the plaintiffe shall not in such case enter it with the register , within eight days after the same shall be filed , the defendant may take out proces against the plaintiff for his ordinary costs of five marks , as if the same had been heard . the dependancy of a former suit for the same matter , is also a good plea , and therefore the defendant shall not be put to set it down with the register . but if the plaintiffe be not satisfied therewith , the same shall be referred to one of the mesters of the court to certifie the truth thereof : and if it shall be determined against the plaintiff , he shall pay to the defendant , five pounds costs . but such reference shall be procured by the plaintiff , and a report thereupon within one moneth after the filing of such plea , otherwise the bill to stand dismissed of course , with the ordinary costs of seven nobles . if after a suit commenced at the common-law , or any other inferiour court , a bill shall be exhibited in this court to be relieved for the same matter , the dependancy of the former suit shall be admitted as a good plea , and the defendant not be put to motions for an election , or dismission : and that plea shall be proceeded in , as in case of a plea of a former suit depending in this court for the same matter . if the demurrer be grounded only upon some error , slip , or mistake in the bill , the plaintiff without motion shall be permitted of course to amend the same , paying to the defendant , or his attorney to his use , twenty shillings costs . but if the plaintiff shall not within eight days after such demurrer put in , amend , or alter it , and pay the costs , then the demurrer shall stand to be determined in court , and if the same be ruled against the plaintiff , he shall pay the ordinary costs for over-ruling a demurrer . if the plaintiffe or his attorney in court shall , within eight days after a demurrer filed , give notice to the defendant , or his attorney in court , under either of their hands , that the plaintiff doth admit the demurrer to be good , and shall pay the defendants attorney , or his clerk in court , fourty shillings costs ; then the defendant shall not need to attend his demurrer : but the bill shall stand dismist of course without motion , unlesse the parties , or their attorneys on both sides shall agree to an amendment of the same , but such dismission is to be no bar to a new bill to be exhibited by the plaintiff . answers . an answer to a matter charged as the defendants own fact , must regularly be without saying to his remembrance , or as he believeth , if it be laid to be done within seven years before , unlesse the court upon exception taken , shall finde special cause to dispence with so positive an answer . and if the defendant deny the fact , he must traverse or deny it ( as the cause requires ) directly , and not by way of negative pregnant . as , if he be charged with the receipt of a summe of money ; he must deny , or traverse that he hath not received that summe , or any part thereof , or else set forth what part he hath received . and if a fact be laid to be done with divers circumstanees , the defendant must not deny or traverse it literally , as it is laid in the bill , but must answer the point of substance positively and certainly . vvhen the defendent hath answered , the plaintiff is to be well advised upon the answer ; and if he shall find that upon the answer alone without further proofe , there be sufficient ground for a finall order or decree , the plaintiff may procure his attorney to present the same in course to be set down , to be heard upon bill and answer , without further lengthning of the cause ; but in case the court shall not find grounds to make a decree or finall order thereupon , the bill shall be dismissed with costs , or the plaintiff admitted to reply if he desire it , first paying down . l. costs to the defendent or his clark , which if he shall not do in foure daies after such hearing , then the dismission to stand , and the conclusion of the order upon hearing , is to be penned by the register accordingly , that the said bill stand dismissed without any further order or direction , and then such dismission shall be a good plea in barre of any new bill for the same matter . if a hearing be prayed upon a bill and answer , the answer must be admitted to be true in all points , and no other evidence to be admitted , unlesse it be matter of record , to which the answer refers and is proveable by the record . the plaintiff is therefore to be well advised therein , that the court be not put to an unnecessary trouble , and himselfe to a certaine charge , in bringing his cause to hearing , which will not beare a decree . vvhereas the defendent hath put in an answer , if the plaintiff hath proofs for the matters denied , he is not to insist upon the insufficiency of the answer , if the same be good to a common intent , but proceed to replication and proofe , to avoid charge and expence of time in cavilling with answers . if exceptions be put in to an answer after the terme , the defendent shall not be compelled to stay in towne , to attend the plaintiffs exceptions , but shall have time to answer untill the fourth day of the next terme , unlesse the court shall find speciall cause to hasten it , and shall see order in open court . when a plaintiff excepteth to a defendents answer , he shall set downe his exceptions in writing , and the same terme the answer is filed , or within eight daies after that terme , deliver the same exceptions to the councell , whose hand is to the answer , or to the defendents attorney in court , and if the defendent shall within the times before limited respectively satisfie the plaintiff of the invalidity of those exceptions , or put in a perfect or better answer , and pay xx s. costs , then the plaintiff may reply thereunto . but if the defendent shall faile to do the same , or put in a second insufficient answer , then the plaintiff may get the said answer , or answers referred ; and if the same shall be ruled insufficient , the defendent shall pay forty shillings costs ; and in case the plaintiff shall procure a reference of the answer , and the same be ruled good , the plaintiff shall pay the defendent forty shillings costs . if the first answer be certified insufficient , as aforesaid , the defendent shall pay forty shillings costs , if the answer were put in person ; but if the same came in by commission , the defendent shall pay fifty shillings costs , and no new commission shall be awarded for taking any second answer , unlesse it be by order made in court , and affidavit made of the parties inabilitie to travell , or other good matter to satisfie the court touching that delay , and first paying the costs of such insufficient answer , or by the plaintiffs own assent for the expediting of his cause . if the second answer be reported insufficient unto any of the points formerly certified , ( which are only to be insisted upon without any new exceptions ) the defendent shall pay three pounds costs ; and upon the third answer foure pounds costs ; and upon a fourth answer certified insufficient , he shall pay five pounds costs , and be examined upon interrogatories to the points reported insufficient , and shall be committed till he hath perfectly answered those interrogatories , and payed the costs , in respect of the great vexation and delay which in such case will happen to the plaintiff . if upon perusall of the answer , the plaintiff shall find it will be necessary to make proof of one , or few particulars , then the plaintiff is to reply to those particulars only , and not draw into pleadings and proofs any more , then the points necessary to be proved : and in case upon the hearing it shall appeare that the plaintiff might have had as full relief on bill and answer , the plaintiff shall not only go without costs , but shall pay the defendent good costs , to be assessed by the court , albeit he be relieved upon the merit of his cause , in respect of the defendents needlesse vexation . if a bill be regularly and justly dismist of course , or by order for want of prosecution , no motion shall be admitted for the retainer thereof without a certificate from the defendents atturney in court , that the costs of the dismission are paid , to the end unnecessary charge to the parties by severall motions for one and the same matter may henceforth be avoided . examination of witnesses . in case the parties proceed to examine witnesses , the interrogatories are to be penned with care , that the same be pertinent , and onely to the points necessary to be examined unto : and the witnesses are to be sorted & examined on those interrogatories only that their testimony doth extend unto , without the needlesse interrogatories of matters unnecessary and immateriall , as well to avoid the charge of both parties , plaintiff and defendent , in superfluous examinations , as that apt interrogatories ( which are the life of the cause ) may be exhibited . the examiners ( in whom the court reposeth much confidence ) are themselves in person to be diligent in examination of witnesses , and not intrust the same to meane and inferior clarks ; and are to take care to hold the witnesse to the point interrogated , and not to run into extravagances and matters not pertinent to the question , thereby wasting paper for their own profit , of which the court will expect a strict accompt . the examiners are to take care that they imploy under them in their office , none but persons of known integrity and ability , who shall take an oath not to deliver or make knowne directly or indirectly to the adverse party , or any other save the deponent , who coms to be examined , any of the interrogatories delivered to be examined upon , any examination by him taken or remaining in the examiners office , or extract , copy , or breviate thereof , before publication be thereof passed , and copies thereof taken . and if any such deputy , clerk or person so imployed , shall be found faulty in the premises , he shall be expulsed the office , and the examiner who so imployed him , shall be also answerable to the court for such misdemeanour , and to the party grieved for his costs and damages sustained thereby : and such solicitor or other person , who shall be discovered to have had a hand therein , shall be liable to such censure for the offence , as the court shall find just to inflict upon him . no witnesse shall be examined in court by the examiner , without the privity of the adverse party , or of his attorney or his attorneys clerk , who deales for the adverse party , to whom the person to be examined shall be showed , and a note of his name and place of dwelling delivered in writing , by such as shall produce him , and the examiner is to take care , and be well satisfied that such notice be given , and then shall add to the title of the witnesses examination , the time of such notice given , and the name of the person to whom it is given , and by whom , that at the hearing of the cause , the suitor be not delayed , upon pretence of want of notice . for prevention of perjury and other mischiefs often appearing to the court , the examiner is to examine the deponent to the interrogatories directed seriatim , and not to permit him to read over , or heare read any other of interrogatories , untill that in hand be fully finished , much lesse is he to suffer the deponent to have the interrogatories , and pen his owne depositions , or to depart after he hath heard an interrogatory read over , untill he hath perfected his examination thereunto : and if any witnesse shall refuse so to conform himselfe , the examiner is thereof to give notice to the attorney , or clark of the other side , and to proceed no further in his examination , without the consent of the said attorney or clark , or order made in court to warrant his so doing . in examining of witnesses , the examiner shall not use any idle repetitions , or needlesse circumstances , nor set downe any answer to the questions , to which the examinant cannot depose other then thus , to such an interrogatory this examinant cannot depose . and in case such impertinencies be observed by the court , the examiner is to recompence the charge thereof to the party grieved , as the court shall award . the examiner shall not examine any witnesse , to invalid the credit of any other witnesse , but by speciall order of the court , which is sparingly to be granted : and upon exceptions first put into writing , and filed with the examiner without fee , and notice thereof given to the adverse party or his attorney , together with a true copy of the said exceptions , at the charge of the party so examining . from henceforth the fee taken by the examiner , upon the producing of a witnesse to be examined by him , shall be deducted to the party plaintiff or defendent , who paid the same , when the copies of such witnesses depositions are taken out by him , and such exhibitions whereupon any witnesse is examined , shall be alwaies ●ndorsed and certified by the examiner , at the same time that the witnesse is thereupon examined , and his examination perfected and subscribed . when witnesses are examined in court upon a schedule of interrogatories , there shall be no new interrogatories put in to examine the same witnesses ; nor shall any witnesses be examined in court after the day of publication , though they were sworne before ; so as a copy of the rule or order whereby publication passed , be delivered to the examiner , that he may take notice thereof . if the defendent being served with a subpoena to rejoyne and joyne in commission , shall not upon request by the plaintiffs clark , made to the defendents clark , deliver commissioners names , by the end of that terme , wherein the subpoena ad rejungend . is returnable ; the plaintiff may without motion or petition take the commission ex parte . the plaintiff ought regularly to have the carriage of the commission for examination of witnesses , as often as any is sued forth : but if through the default of him or his commissioners , the same be not executed , he shall pay unto the defendent such reasonable costs , as the defendent shall by oath make appeare , he was put unto by such failer , and shall renew the commission at his owne charge , but the other side shall have the carriage of such new commission . and the like shall be done to the plaintiff , where the defendent for just reason hath obtained the carriage of the commission ; and if through any errour of the clark in making out the said commission , or misnaming the commissioners or parties , or the like , the execution of a commission shall be put off , the party put to charge in attendance of such commission , shall receive his costs to be ascertained by his oath as aforesaid , from him that obtained such commission , and the clark that made out the same , or his superiour the attorney in court , ( who is answerable for him ) shall make restitution thereof to the client and suitor . if both sides joyne in execution of a commission , and the one side produceth and examineth all his witnesses , and the other side doth not , but prayeth a new commission , the same shal not be granted ( unless it be by consent of the parties , or their attornies in court , ) but upon oath of good cause , why he could not then examine all his witnesses . and in case the same be granted , the party praying the same shall bear the reasonable charge of the other side , both of renewing & executing the commission , to be ascertained by oath , and the other side shall be at liberty , to crosse examine the witnesses produced by him that reneweth the commission . but if he shall not onely crosse examine the witnesses of the adverse party , but examine new witnesses , he shall beare his part of the charge . if at the instance of a defendent , a commission to examine witnesses be renewed , either for a default by him or his commissioners , or because he did not examine all his witnesses by the first commission , he shall at his perill examine all his witnesses by such renewed commission , or in court by the returne of such commission without more or further delay , and no more commissions to issue , except for examination beyond the seas , by order in court , or by consent of the attorney . upon the returne of a commission , if the same be executed by both parties , one rule onely shall be given for publication , and if the said commission be not renewed , or another obtainby the plantiff or defendent within that time , then publication shall passe , and no commission shall be afterwards granted or renewed , without speciall order in court . upon the taking out of copies of depositions examined in ●ou●t , o● by commission either by the plaintiff or defendent , no fee shall be taken by the six clarks or the examiner for the copies , either of the plaintiffs or defendents respective interrogatories , save onely the clarks usuall fee for the writing thereof . depositions of witnesses in severall causes , which are meerly crosse causes , ( viz. ) between the same parties , and touching the same matter , may be used at the hearing of both causes ( coming to hearing together ) without any motion or order in that behalf . vvhere either party plaintiff or defendent obtaineth an order to use depositions of vvitnesses taken in another cause , the adverse party may likewise use the same without motion , unlesse he be upon speciall reason shewed to the court , by that party first desiring the same , inhibited by the same order so to do . no motion shall be made in court or by petition , for suppressing of depositions as irregularly taken , untill the six clerks not toward the cause have been first attended with the complaint of the party grieved , and shall certifie the true state of the fact to the court with their opinion : if the attornies or clerks on either side shall not for the ease of their clients agree before them , for which purpose a rule for attendance of the six clerks in such case shall be entred of course with the register , at the desire of the party complaining , which shall warrant their proceedings and certificate to the court . proces . every subpoena to answer shall be served personally , or left at the defendents dwelling house , or place of residence with one of that family , and no clerk of this court shall issue any attachment for not appearing , but on affidavit first made , positive and certaine , of the day and place of such service of the subpoena , and the time of the returne thereof , whereby it shall appeare that such service was made ( if in london , or within twentie miles , foure dayes at the least excluding the day of such service ; and if above twentie miles , then to have been ) eight daies before such attachment entred ; and that such attachment shall not be discharged , but on payment of twenty shillings costs if the service be personall , and ten shillings if otherwise , and so the succeeding proces to be double . every subpoena to make a better answer , shall also contain a clause for payment of the costs ordinary in that behalfe , and the suitor not be put to take out severall writs , nor prosecute severall contempts , as in that case hath been used ; and if upon the service of such subpoena , the costs be not paid , the answer of such defendent shall not be received or filed , unlesse the said costs be also delivered and payed to the plaintiffs clark , together with the said answer , but proces of contempt shall issue in that case , as for want of an answer , at the returne of the said subpoena . a subpoena ducens tecum ( when the defendent confesseth in his answer , the having of any writings materiall to be examined upon , or confest to belong to the plaintiff ) may be taken out by the plaintiff of course without motion , for the defendent to bring them into court , or shew cause , &c. but if the defendent either confesse not the having them in his hands , or makes his title by them , or to them by his answer , he shall be excused from any contempt , although he neither bring them into court , nor shew cause , and if the plaintiff shall notwithstanding prosecute a contempt in that behalfe ( and the case upon the defendent his answer appear to be such ) he shall be thereof discharged , and have his costs . the subpoena ad audiendum judicium shall be served either on the person of the defendent , or left at his dwelling house , where his family then resides : or in case oath be made that he cannot be found to be served personally , and that he hath no certaine dwelling , or is beyond the seas , the court will order the leaving of a subpoena with his attorney in this court to be a sufficient service . all proces of contempt shall be made out into the county , where the party prosecuted is resident , unlesse he shall be then in or about london ; in which case it may be made into the county , where the party then is . and if any person shall be taken upon proces otherwise or irregularly issued , the party so taken first appearing unto , and satisfying the proces which did regularly issue against him , shall be discharged of his contempt , and have his full costs to be taxed of course by the six clerks not towards the cause for such undue or irregular prosecution , from the time that the error first grew without motion or other order . every suitor who prosecuteth a contempt shall do his best endeavour to procure each severall proces to be duly served and executed upon the party prosecuted , and his wilfull default therein appearing to the court , such person offending shall pay unto the party grieved good costs , and lose the benefit of the proces returned without such endeavour . that all attachments in proces shall be discharged upon the defendents payment , or tender to the plaintiffs clerk & refusall of the ordinary costs of the court , & filing his plea , answer or d●mu●rer ( as the case regularly requires ) without any motion in court in that behalfe . and if after such conformity and payment of the costs , ( or tender and refusall thereof ) any further prosecution shall be had of the said contempt , the party prosecuted shall be discharged with his costs . commissions to answer . after a contempt duly prosecuted to an attachment with proclamation returned , no commission shall b● made to answer , nor plea or demurrer admitted , but upon motion in court , and affidavit made of the parties inability to travail , or other good ●atter to satisfie the court touching that delay . the defendent who is served with a subpoena ad respondend . and obtaineth a commission to answer in the country , shall without more words have the same liberty there by to answer , plead , and demur , as he had by the originall proces , if he could have appeared in person . after a commission once obtained to answer , no second commission shall be granted without speciall order of court ; or the plaintiffs owne assent under his hand . and if the time for the defendents answering be inlarged upon affidavit , that he or they cannot answer without fight of writings in the country , or in respect of the length of the bill or the like , which shal not be without speciall order in court , no commission shall be afterwards granted without like speciall order of court , upon good reason shewed to induce the same , or the like assent of the plaintiff . in case where the defendent sits all process of contempt and cannot be found by the serjeant at armes , or makes a rescue , a sequestration shall be granted of the land in question . and if the defendent render not himself within a yeare , then an injunction for the possession , and the profits so sequestred to be delivered over to the plaintiff . injunctions . for that it is agreeable to equity , and the constant practise of this court , that a defendent obtaining a commission to take his answer in the country , should not by that delay or favour of the court , get an advantage against the plaintiff , by proceeding at law in the meane time , it is ordered , that from henceforth every commission to take an answer in the countrey shall containe in it a clause of injunction to stay the defendents suit at law ( if any be ) touching the matter complained of in the bill untill he hath answered the bill , and the court given other order , so as issue were not joyned at law , before the returne of the subpoena served upon the defendent , and in that case to stay judgement for the like time , so that the taking of such commission under seale , shall be a sufficient notice and service of the said injunction , without motion or other trouble to the plaintiff , whereupon for breach to ground an attachment , upon affidavit of a proceeding at law after the commission prayed . no injunction to stay suits at law shall be granted upon priority of suit onely , nor upon the bare surmise of the bill ; but upon the defendents delay or wilfull contempt in not answering , or upon matter confessed in the answer , or matter of record , or writing plainly appearing , or the duty demanded appearing to be very ancient . where a bill comes in after a verdict a law for a debt , an injunction is not to be granted , without depositing the principall money , except there shall , upon hearing both sides , appeare to the court in the defendents answer , or by deed under hand and seale , or other good matter for relief in equity . and an injunction granted in such case , or otherwise upon the merit of the cause or equity appearing to the court , is regularly to stand , untill the hearing of the cause , unlesse the plaintiff delay the cause , in which case he may best be quickned , by dissolving the injunction . for avoiding multiplicity of references heretofore used , and charged to the suitor , it is ordered that where a motion is made for an injunction to stay a suit at law upon allegation of matter of equity confest in the answer , the councell moving the same , shall have that suggestion fair written in his hand , and read or truely open the same to the court : and if the court hold that matter of sufficient weight , will thereupon grant an injunction as is desired , without reference , report or further motion , and then the register is in court to receive the said suggestion so fairly written , and insert the same verbatim in the order for granting the injunction . but if the said suggestion be untrue in the substance thereof , upon construction of the whole answer , and the defendent be prosecuted by the plaintiff for breach of the injunction granted thereupon , he shall be cleare from any contempt in that behalfe and have his costs , and such councell shall justly incurre the displeasure of the court . where an injunction to stay suits is obtained upon a misinformation made to the court , ( as of matter confessed in the defendents answer which in truth is not so confessed , or if confessed in one place , is avoided in another part of the answer , or upon other such like plaine abuse to the court , in that case the party prosecuted with contempt for breach of such injunction shall upon his examination ( the matter appearing as asoresaid ) be discharged of any contempt , although he hath proceeded at law after such injunction granted , and also have his costs taxed for his wrongfull vexation , by the same master to whom the contempt shall be referred without other motion in court , which also shall be done in like cases , where a contempt stands referred to a master of the court , he shall tax costs , and certifie the same in his report to the court , together with his opinion touching the contempt , as well for the prosecutor in case the contempt be confessed or proved , as for the party examined if he be cleared thereof . for avoiding the many motions heretofore frequently made , touching dissolving and continuing injunctions , it is ordered , that when an injunction is granted till answer and further order , if no order be made within fourteen daies , ( after the answer duly filed in court ) for continuance of the injunction , the same shall stand dissolved without further motion upon certificate only of the register . injunctions to quiet possession ( usually granted for preservation of the publike peace , and prevention of force ) shall not be granted before hearing , but upon oath that the plaintiff was in actuall possession at the time of the bill exhibited , ( and not of rents or other things which lie not in manuall occupation : ) and for such possession as the plaintiff himself had at the time of the bill exhibited and three yeares before , but not to be extended further to the possession of such from whom he claimes , or of him and his tenants , much lesse him and his assignes or the like . which injunction shall not be extended to give the plaintiff any other possession then he had at the time when the motion was made . and such injunction in case the plaintiff delay to bring his cause to hearing is also to be dissolved . no injunction to quiet such possession shall extend to hinder the defendents proceedings at law to evict the plaintiff , or from making any lease , or peaceable entry , or single distresse for that end . no possession shall be taken from any person by colour of any such injunction before the cause be heard . and if any be , the court will restore possession and award costs . injunctions against felling of timber , ploughing up of meadow or ancient pastures not ploughed in twenty yeares before , or for maintainance of inclosures that have continued for the better part of twenty yeares shall be granted as usually they have been , but no defendent who by answer claims an estate of inheritance , or other estate dispunishable of wast , shall be thereby restrained , unlesse it be particularly so ordered and mentioned in the said injunction . and upon motion made for such injunction , the case is to be truly opened as it stands in court , and the defendents glaime by his answer if he have answered . when the day is appointed for setting downe causes for the follovving terme , the fix clerks shall present the causes according to their priority in publication , to be set downe in their order , so as the old causes may be first heard and dispatched . and for that purpose with the names of each cause they shall present the time when publication passed , with a short note of the nature of every such cause presented . and accordingly the court will give order for setting them downe , so that puyne causes shall not thrust out those that were ready for hearing before them . provided that no cause be presented the same terme in which publication shall passe . where no councell appears for the defendent at the hearing , and proces appears to have been duely served , the answer of such defendent shall be read , and if the court upon such hearing shall find cause to decree for the plaintiff , yet a day shall regularly be given to the defendent to shew cause against the same , but before he be admitted thereunto , he shall pay downe to the plaintiff or his attorney in court such costs as the court upon that hearing shall assesse , and the order is to be penned by the register accordingly , ( viz. ) it is decreed so and so , &c. unlesse the defendent shall by such a day pay to the plaintiff or his attorney in court costs , and shew good cause to the contrary , and such defendent upon his shewing cause shall first produce a certificate from the plaintiffs attorney in court , that he hath paid the costs or affidavit of tender and refusall thereof . the reasons of the judgement of the court are in such case where the defendent makes default to be by the register shortly inserted in the order , that the defendent may know how to apply his cause without a new hearing , but if the court shall not receive satisfaction thereupon to alter or conforme the decretall order , but that a new hearing shall be requisite , the defendent ( if the court shall confirme their first order upon the second hearing , shall also pay the plaintiff his full costs expended in the suit . if the court upon the hearing of a cause shall give no reliefe to the plaintiff , the defendent shall have costs awarded him in respect of his causlesse vexation . and where a decree is made against a defendent the court will likewise give costs to the plaintiff as there shall be cause . where costs are awarded by the court and the party shall refuse to pay them and be afterwards prosecuted and found in contempt for not paying of them , he shall not be discharged of such his contempt , untill he shall pay the said costs double , over and besides the costs taxed , for the prosecution of the said contempt . where causes are removed by speciall certiorari upon a bill containing matter of equity ; the plaintiff is before he have the certiorari granted , to put in bond to be taken by the register , to prove his suggestions within fourteen daies after the receipt of his writ , which if he shall faile to do , upon certificate from the examiners that no witnesses are examined , or upon a report that the suggestions are not proved , the court wil dismisse the bill with costs , and award a procedendo . decrees . no decree bindeth any man that cometh in bona fide by conveyance before the bill exhibited , and is made no pertie either by bill or order . but where he claimes in trust for such person against whom the decree is made or comes in dependente lite without allowance or privity of the court it is otherwise . no decree shall recite the bill , answer , pleadings or depositions or any of them verbatim , but onely the short state of the matter and the decretall order , and the opinion and judgement of the court . no decree being once under the great seale shall be reversed or altered at the suit of the person against whom the decree is made , or any man claiming in privity , by , from or under him , but by bill of review onely . but in case of mistaking in a decree which is demonstrative , viz. an errour in auditing or numbring , mistaking the date or the like , by the leave of the court the same may be certified without a bill . that all decrees and dismissions pronounced upon hearing the cause in this court be drawne up , signed and enrolled before the first day after the next michaelmas or easter term after the same shall be so pronounced respectively , and not at any time after , without speciall leave of the court . that a short entry and docquet be made in a register book kept by the register of this court , or such clerk as he shall appoint for that purpose of all decrees that are drawne up and enrolled , whereby any lands or lease is decreed or charged with any sum of money , annuity , &c. & of the lands in particular , and the parish , or town and county where the same lie , to the end that any person that hath occasion may resort to that register book , to see whether any decree be made touching such lands , houses , &c. and in case no such entry be made within six moneths after such decree shall be signed by the lords commissioners for the great seal and enrolled , the same shall not prejudice any purchaser , who shall bona fide purchase any estate in such lands , houses , &c. after the time limited for such entry to be made . that the six clerks , and all other clerks of this court doe therefore take care for their client , that such entry be made of all decrees by them drawn up and inrolled by the time before limited , that the client do not suffer through their neglect : and that the register shall take onely the fee of twelve pence for such entry , twelve pence for a certificate , and four pence for a search where no certificate is made . in case of a decree for lands upon oath made , that the same hath been personally served , and is not obeyed , and an attachment is issued under seale for such contempt , the court doth usually grant an injunction for the possession , and upon oath made of the serving thereof upon the party , and that the same is not obeyed , a commission is to be awarded to some of the justices of the peace of that county , to put and keep the plaintiff and his assignes in possession , and in case of resistance , a writ of assistance is to be awarded to the sheriffe for that purpose . where the party is committed , or brought in by a serjeant at arms for breach of a decree , he is not to be inlarged untill he hath performed the decree in all things that are to be presently done , and given security by recognizance with sureties , as the court shall order , to performe the other parts of the decree ( if any be to be performed ) at future dayes and times appointed by the decree . where the party is committed for breach of a decree , or order of court , he ought to be restrained within the fleet , and not permitted to go abroad without speciall license of the court . where a decree is made for rent to be paid out of the land , or a sum of money to be levied out of the profits of lands , there a sequestration of the same lands being in the defendents hands , or of any rent reserved to the defendent out of the same lands may be granted . where causes are dismissed upon full hearing , and the dismission signed and inrolled , such causes are not againe to be retained , nor any new bill admitted , except it be a bill of review , or upon matter of like nature , as in case where a decree is sought to be avoided , and upon like security and allowance of the court . bills of review . to the end that after a decree made the party may be at peace , and multiplicity of suits be avoided , no bill of review shall be admitted , except it containe either error in law appearing in the body of the decree , without either averment , or further examination of matters in fact , or upon new matter discovered in time after the decree made , and whereof the party could not have had advantage before ; and upon such bill of review no witnesses shall be examined to any matters which were or might have been examined unto upon the former bill ; but upon oath made of such new matter discovered as aforesaid , a bill of review may be exhibited by leave of the court and not otherwise . no bill of review shall be admitted , nor any other bill to change matters decreed , except the decree be first obeyed and performed : but if any act be decreed to be done , which extinguisheth the parties right at common law , as making of assurance or release , acknowledging satisfaction , cancelling bonds or evidences , and the like , or where the error is apparent in the body of the decree , as aforesaid , the court upon motion may dispense with the actuall performance of that part of the decree till the bill of review be determined . no bill of review shall be allowed , except the party that prefers it ( giving notice to the defendent therein ) do first enter into a recognizance with sureties before some master of the court in ordinary , of a fit penalty in relation to the matter decreed for the satisfaction of the costs and damages if the bill of review be dismissed . contempts . vvhere a contempt is prosecuted against any man he shall not be put to move the court as formerly hath been used , either for interrogatories to be exhibited , or for reference of his examinations and discharge being examined . but where any person shall be brought in by proces or shall appeare gratis to be examined upon a contempt , he shall give notice of such his appearance to the attorney or clerk of the other side : and if within eight daies after such appearance and notice given interrogatories shall not be exhibited whereon to examine him ; or if being examined , no reference shall be procured of his examination , nor commission taken out by the other side , nor witnesses examined in court to prove the contempt within one moneth after such examination , then the party so examined shall be discharged of his contempt without further motion , and may attend any one of the masters of the court for the taxing of his costs , which the master is to tax without further order , and that taxation being entred in the register the party may proceed for the same of course , as in like cases of costs taxed . if after appearance and interrogatories exhibited as aforesaid , the party appearing shall depart before he be examined ( without leave of the court ) he is upon motion and certificate from the register , and of such his departing and not being examined , and of the interrogatories exhibited from the examiner , to stand committed without further day given unto him , and is not to be discharged from such his contempt untill he hath been examined and been cleared of his contempt . and if he shall upon his examinations or by proofs be found in contempt , he shall cleare such his contempt and pay the prosecutor his costs , before he be discharged of his imprisonment . and although he be cleared of his said contempt yet he shall have no costs , in respect of his disobedience in not being examined without the prosecutors trouble and charges in moving the court as aforesaid . in case of prosecution of a contempt for breach of an orderof the court or otherwise grounded upon an affidavit , the interrogatories shall not be extended to any other matter then what is comprehended in the said affidavit or order . and if any other shall be exhibited , the party examined may for that reason demurre unto them , or refuse to answer them . where the party prosecuted upon a contempt hath denied it , or the same doth not clearly appeare by his examinations , the prosecutor may take out a commission of course to prove the contempt , and in such case the party prosecuted may name one commissioner to be present at the execution of the commission , and may henceforth ( notwithstanding the former usage to the contrary ) crosse examine the witnesses produced against him , to prove the contempt , but is not to examine any witnesses on his part , unlesse he shall satisfie the court touching some matter of fact necessary to be proved for clearing the truth . in which case the court if there be cause will give leave to him to examine witnesses to such particular points set down , and the otherside may crosse examine such witnesses . but the interrogatories on both sides are to be included in the commission . where a contempt is prosecuted against one who by reason of age , sicknesse or other cause is not able to travaile , or in case the same be against many persons who are servants or workmen and live far off : the court will upon motion and affidavit thereof , grant a commission to examine them in the countrey ▪ which commission shall be sued out and executed at the charge of the person or persons desiring it , directed to such indifferent commissioners as the prosecutor of the contempt shall name ( as in other cases ) and one commissioner onely at the nomination of the party prosecuted as aforesaid . which commission shall be executed at such convenient time and place , as the six clerks not towards the cause upon hearing the clerks on both sides shall set downe . upon every examination or proof of a contempt referred to any of the masters of the court , to certifie whether the contempt be confessed or proved or not : the master in his certificate thereof made to the court shall likewise assesse and certifie the costs to either party , as there shall be cause without other order or motion made for that purpose . commitment . the court being tender of the liberty of mens persons , and to avoid their imprisonment upon malicious affidavits , which are often made by one mean and ignorant person , and which hath heretofore by the course of the court drawn on a commitment , doth order , that from henceforth where oath shall be made of misdemeanour in beating or abusing the party upon serving of the proces or orders of the court , the party offending is to stand committed upon motion , and no examination is in that case to be admitted . and where affidavit shall be made by two persons , of scandalous or contemptuous words against the court or the proces thereof , the party offending shall likewise stand committed upon motion without any further examination . and a single affidavit in such case shall be sufficient to ground an attachment , whereupon such person shall be brought in to be examined . and if the misdemeanour shall be confessed , or proved against him , he shall stand committed until he satisfie the court touching his said misdemeanour , & pay the prosecutor his costs : and if he shall not be thereof found guilty , save by the oath of the party who made such affidavit , he shall be discharged , but without any costs , in respect of the oath made against him , as aforesaid . that no order whatsoever , except decretal or final orders upon hearing be received to be entred after the space of eight days , to be reckoned from the day of the order pronounced exclusivè : and if the party on whose behalf the motion is made do not prosecute the drawing up of the order within . days , the register is to do the same according to his notes at the instance of the adverse party . masters . the masters are not upon the importunity of councel ( how eminent soever ) or their clyents , to return special certificates to the court , unless they are required by the court so to do , or that their own judgment in respect of difficulty leadeth them unto it . such kinde of certificates for the most part occasioning a needless trouble , rather then ease to the court , and certain expence to the suitor . their certificates and reports are to be drawn as succinctly as may be ( preserving the matter clearly for the judgement of the court ) and without recital of the several points of the orders of reference ( which do sufficiently appear by the orders themselves ) or the several debates of councel before them ; unless that in cases where they are doubtfull , they shortly represent to the court , the reasons which induce them so to be . the masters of the court are to take notice , that when the court requires to be satisfied from them touching any matter alledged to be confessed , or set forth in the defendants answer ; it is intended that without further order they should take consideration of the whole answer or answers of the defendant , and certifie not only whether the matter be so confessed or set forth , but also any other matter , avoiding that confession , or ballancing the same , that the court may receive a clear and true information . the masters in taking affidavits , and administring of oaths in cases duly presented unto them , are to be circumspect and wary that the same be reverendly and knowingly given and taken , and are therefore to administer the same themselves to the party , and where they discern him rash , or ignorant , to give him some conscionable admonition of his duty , and be sure he understand the matter contained in his affidavit , and read the same over , or hear it read in his presence , and subscribe his name or mark thereunto before the same be certified by the master , who is not to receive or certifie any affidavit , unless the same be fairly and legibly written without blotting , or interlineation of any word of substance . in all matters referred to the masters of the court , their certificate ( not being to ground a decree ) if it be positive is to stand , and proces may be taken out to enforce performance thereof without further motion , unless the adverse party upon notice given ( to his attorney or clerk in court ) that such report is filed against him , shall within eight days after such notice ( if it be given in term , or whiles the general seals for motions are held , or within four days in the next term , if it be given after ) obtain some order in court to controle or suspend the same . and in case of an insufficient answer certified by the masters , the plaintiff may immediately take out proces against the defendant for his costs , and to make a better answer as hath been formerly used . where after certificate or report made by the masters of the court , either party shall appeal from the same , to the judgement of the court , he shall first file his exceptions thereunto briefly , with the register and deposite with him , fourty shillings to be paid to the other party for his costs , if he prevail not in such appeal . and then the register shall enter such causes of appeal in a paper in order as they are brought unto him to be determined by the court in course upon days of motions , and notice thereof to be given by the party appealing , to the clerk of the other side . and also the registers paper to be set up in the office two days before . and if the court shall not alter the masters report , then the fourty shillings deposited to be paid to the party defending the same , with such increase as the court shall finde cause to impose , otherwise to be restored to the party appealing , and both without charge . petitions . no injunction for stay of suit at law shall be granted , revived , dissolved , or staid upon petition . nor any injunction of any other nature shall pass by order upon petition , without notice and a copy of the petition first given to the other side , and the petition filed with the register , and the order entered . no sequestration , dismission , retainers upon dismissions or final orders , are to be granted upon petition . no former order made in court is to be altered , or explained upon a petition ; no commitment of any person taken upon proces of contempt to be discharged by order made upon petition , unless in the vacation , and upon hearing the adverse party his attorney or clerk in court . no commissions for examinations of witnesses , shall be awarded or discharged , nor examinations suppressed upon petition , except it be upon point of the course of the court first referred to the six clerks not towards the cause and certificate thereupon . paupers . after an admittance in forma pauperis , no fee , profit , or reward shall be taken of such party admitted , by any councellor or attorney for the dispatch of the paupers business , during the time it shall depend in court , and he continued in forma pauperis ; nor any contract , nor agreement be made for any recompence , or reward afterwards . and if any person offending herein shall be discovered to the court , he shall undergo the displeasure of the court , and such further punishment as the court shall think fit to inflict upon him , and the party admitted , who shall give any such fee or reward , or make any such contract , or agreement , shall be from thenceforth dispaupered , and not be afterwards admitted again in that suit to prosecute in forma pauperis . if it shall be made appear to the court , that any person prosecuting in forma pauperis , hath sold or contracted for the benefit of the suit , or any part thereof whiles the same depends , such cause shall be from thenceforth totally dismissed the court , and never again retained . such councel , or attorney as shall be assigned by the court to assist the person admitted in forma pauperis , either to prosecute or defend , may not refuse so to do , unless they satisfie the lords commissioners , or master of the rolles who granted the admittance , with some good reason of their forbearance . that councellor who shall move any thing to the court , on the behalf of a person admitted in forma pauperis , ought to have the order of admittance with him , and first to move the same , before any other motion . and if the register shall finde that such person was not admitted in forma pauperis , he shall not draw up any order upon the second motion made by any such councel , but he shall lose the fruit of such second motion in respect of his abuse to the court . no proces of contempt shall be made forth and sent to the great seal at the suit of any person prosecuting as plaintiff in forma pauperis , untill it be signed by the six clerk who deals for him , and the six clerks are to take care , that the such proces be not taken out needlesly , or for vexation , but upon just and good cause , as they will answer it to the court , if the contrary shall appear . and lastly ; it is ordered , that all masters of the court of chancery , councellors , and all officers , ministers , clerks , and solicitors in the said court , do observe these orders , which are to continue until upon further consideration and experience , any alterations shall be thought fit to be made therein . b. whitelocke c. s. rich. keble c. s. w. lenthall master of the roles . an alphabetical table . a   fol. reg. answer to matter of fact . time to answer exceptions . time to deliver exceptions to an answer . ib. further insufficient answers , and costs for them . appeals from masters reports . b   fol. reg. svccinctness in bills . certiorari bill . bills of review . not to be admitted till obedience , except in particular cases , and upon security . c   fol. reg. causes to be set down according to priority of publication . commission to answer gives liberty to plead and demur also . commission to answer to contain an injunction . not to be granted after attach cum procl. in what case a second commission to answer . carriage of a commission to examine . commission ex parte when ib. new commissions , and how new commission through the defendants default . commitment for misdemeanors on service . for scandalous , and contemptuous words against the court . contempts .   fol. reg. proces of contempt into the proper county . endeavour to be used in serving it . to be discharged on payment of the costs , or on tender and refusall . appearance on contempts . departure without b●ing examined . in what case a commission shall be to examine contemners . commission to prove a contempt of course . contemners , when to be discharged . when restrained . costs for insufficient answer . for further insufficient answer . masters to tax costs on contempts of course . costs to be given on hearing contemner to pay the costs double . ib. d   fol. reg. decrees , who is bound by them , and who not . to be drawn briefly . ib. not to be altered but by bill of review , save in mistakes demonstrative . ib , when to be enrolled . ib. an entry to be made of the lands &c. clarks to take care it be done . prosecution of decrees for lands . ib. for money out of lands . default at hearing . demurrer to put in without personal attendance or charge of commission . demurrers to express the causes . demurrer upon a slip or mistake . no demurrer after attach cum proc . demurrer being admitted the bill to be dismissed of course . depositions in cross causes . depositions in another cause . ib. depositions to be suppressed , and how . ib. dismission for non-prosecution not to be retained till costs paid . dismissions on hearing . e   fol. reg. time to answer exceptions . time for exceptions to be delivered . ib. examiners duty . to have care of their clerks , and be answerable for them . ib. examiner to avoid impertinences . no examination after publication . h   fol. reg. hearing on bill and answer . what evidence admitted . default at hearings . reasons to be expressed in the order . costs to be given on hearing , i   fol. reg. interrogatories to be pertinent . no new interrogatories for the same witnesses ▪ no fees for the copies of the parties own interrogatories , save for writing . interrogatories not to exceed the affidavit . injunction contained in a commission to answer grounds for injunctions to stay suits . injunction on bills after verdict , injunctions on the matter without reference . injunctions on mis-information . injunctions to be dissolved without motion , and in what cases . injunctions to quiet possession . not to hinder suits , lease , entry , or distress . not to extend to take away possession ib. injunct . for timber , ploughing &c. o   fol. reg. oaths reverendly to be administred and taken . orders to be entered in eight days . p   fol. reg. paupers not to pay fees , nor to contract for the benefit of his suit. councel and attorney assigned to do their duty . motions for them to be first made . ib. proces of contempt for them to be first signed by the six clerk . no pleadings to be of effect till filed . pleadings to be succinct . pleas to be put in without personal attendance or commission . pleas on the matter , or to the jurisdiction . plea of outlawry . plea of a former suit depending . plea of a suit depending in another court . petitions . no injunction to be granted by petition . nor sequestration , dismission , retainers upon dismissions , or final orders . nor order altered or explained , nor commitment discharged . ib. no commissions for examination of witnesses to be awarded or discharged , nor examinations suppressed by petition . proofs to be only of matters necessary . one rule for publication on a joynt commission . r   fol. reg. plaintiff to reply , if answer good to common intent . reports of masters not to be special without order . nor prolix . ib. to be upon the whole answer . reports that are positive . s   fol. reg. service of a subpoena to answer . subpoena for better answer and costs in one . subpoena ducens tecum to be sued out of course . service of a subpoena ad audiend. . judicium . sequestration on non est invent . w   fol. reg. no witness to be exaamined without notice , &c. witnesses to be examined to interr . seriatim . examination to the credit of a witness , and how . fee for examining a witness to be deducted . ib. finis . notes, typically marginal, from the original text notes for div a e- . suecinctness in bills and pleadings . what pleas or demurers may be put in without personal attendance , or charge of commission . . no pleadings to be of effect till filed . . demurers and pleas on the 〈◊〉 matter , or to the jurisdiction . . plea of outlary . . plea of a former suit depending . plea of a suit depending in another court . . demurrer upon a flip or mistake . demurrer being admitted the bill to be dismissed of course . . answer to matter of fact . . hearing on bill & answer with caution . . at hearing on bill and answer , what evidence . . plaintiff to reply , if the answer good to a common intent . . time to answer exceptions . . time for exceptions to be delivered , and costs for insufficient answers . . further insufficient answers , and the costs for them . . proofs to be only of matters necessary . . bill dismissed for want of prosecution , not to be retained till the costs paid . . interrogatories to be pertinent . . examiners duty . . to have care of their clarks and be answerable for them . . notice of a witnesse to be examined . . witnesses to be examined to interrogatories seriatim . . examiner to avoid impertinencies . . examination to the credit of a witnesse , and how . . fee for examining a witnesse to be deducted . . no new interrogatories for the same witnesse , nor examination after publication . . commission exparte when . . carriage of commissions to examine . . new commission and how . . new commission through defendents default . . one rule on a joynt commission . . no fees for the copies of the parties own interrogatories , save for writing . . depositions in crosse causes . depositions in another cause . . depositions to be suppressed and how . . service of a subpoena ad respondend . . subpoena for better answer and costs in one . . subpoena duc . tec . to be sued out of course . . service of a subpoena ad audiend. . judicium . . proces of contempt into the proper county . . endeavour to be used in serving it . . to be discharged on payment of the costs , or upon tender and refusall . . after att. cum procl. no commission , nor plea , or demurrer . . commission to answer gives liberty to plead and d●murre also . . in what case a second com. to answer . . sequestration upon non invent . or rescue . . commission to answer to contain an injunction . . grounds for injunctions to stay suits . . injunction on bills after verdict . . injunctions on the matter without reference . . injunction on misinformation . . injunctions to be dissolved without motion and in what cases . . injunctions to quiet possession . . not to hinder suits , lease , entry or distresse . . not extend to take away a possession . . injunctions for timber , ploughing . &c. . causes to be set down according to priority of publication . . default at hearing . . reasons to be expressed in the order . . costs to be given on hearing . . contemner to pay the costs double . . certiorari bill . . who is bound and who not . . to be drawne briefly . . not to be altered but by bill of review . . save in mistakes demonstrative . . when to be enrolled . . an entry to be made of the lands &c. . clerks to take care it be done . . prosecution of a decree for lands . . contemner when to be discharged . . when restrained . . decree for money out of land . . dismission on hearings . . grounds of bill of review . . not admitted till obedience , except in particular cases . . and upon security . . appearance on contempts . . departure without being examined . . interrogatories not to exceed the affidavit . . commission to prove it of course . . in what cases a com. shall be to examine contemners . . master to tax costs of course . . on misdemeanour on service . . for scandalous and contemptuous words against the court . . orders to be entred in eight daies . . reports not to be special without order . . nor prolix . . to be upon the whole answer . . oaths revertndly to be administred . and taken . reports positive . . appeals from them . no injunction to be granted on petition . . nor sequestration , dismission , retainer , nor final order . . nor order altered or explained , nor commitment discharged . . no commissions to examine witnesses to be awarded , or discharged nor examinations suppressed by petition . . not to pay fees . . no● to contract for the benefit of the suit. . councel and attorney assigned to do their duty . . motions for them to be first made . . proces of contempt for them to be first signed by the six clerk . . the third part of the soveraigne povver of parliaments and kingdomes. wherein the parliaments present necessary defensive warre against the kings offensive malignant, popish forces; and subjects taking up defensive armes against their soveraignes, and their armies in some cases, is copiously manifested, to be just, lawfull, both in point of law and conscience; and neither treason nor rebellion in either; by inpregnable reasons and authorities of all kindes. together with a satisfactory answer to all objections, from law, scripture, fathers, reason, hitherto alledged by dr. ferne, or any other late opposite pamphleters, whose grosse mistakes in true stating of the present controversie, in sundry points of divinity, antiquity, history, with their absurd irrationall logicke and theologie, are here more fully discovered, refuted, than hitherto they have been by any: besides other particulars of great concernment. / by william prynne, utter-barrester, of lincolnes inne. it is this eighth day of may, . ordered ... that this booke, ... be printed by michael sparke, senior. john white. soveraigne power of parliaments and kingdomes. part prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the third part of the soveraigne povver of parliaments and kingdomes. wherein the parliaments present necessary defensive warre against the kings offensive malignant, popish forces; and subjects taking up defensive armes against their soveraignes, and their armies in some cases, is copiously manifested, to be just, lawfull, both in point of law and conscience; and neither treason nor rebellion in either; by inpregnable reasons and authorities of all kindes. together with a satisfactory answer to all objections, from law, scripture, fathers, reason, hitherto alledged by dr. ferne, or any other late opposite pamphleters, whose grosse mistakes in true stating of the present controversie, in sundry points of divinity, antiquity, history, with their absurd irrationall logicke and theologie, are here more fully discovered, refuted, than hitherto they have been by any: besides other particulars of great concernment. / by william prynne, utter-barrester, of lincolnes inne. it is this eighth day of may, . ordered ... that this booke, ... be printed by michael sparke, senior. john white. soveraigne power of parliaments and kingdomes. part prynne, william, - . england and wales. parliament. house of commons. [ ], , - p. for michael sparke, senior., printed at london : . part three of: the soveraigne power of parliaments and kingdomes. with errata at foot of p. . also issued as part of wing p a. a r has a headpiece of type ornaments. variant: with woodcut headpiece. annotation on thomason copy: "june ". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ferne, h. -- (henry), - -- early works to . england and wales. -- parliament -- early works to . representative government and representation -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the third part of the soveraigne power of parliaments and kingdomes . wherein the parliaments present necessary defensive warre against the kings offensive malignant , popish forces ; and subjects taking up defensive armes against their soveraignes , and their armies in some cases , is copiously manifested , to be just , lawfull , both in point of law and conscience ; and neither treason nor rebellion in either ; by inpregnable reasons and authorities of all kindes . together with a satisfactory answer to all objections , from law , scripture , fathers , reason , hitherto alledged by dr. ferne , or any other late opposite pamphleters , whose grosse mistakes in true stating of the present controversie , in sundry points of divinity , antiquity , history , with their absurd irrationall logicke and theologie , are here more fully discovered , refuted , than hitherto they have been by any : besides other particulars of great concernment . by william prynne , utter-barrester , of lincolnes inne . sam. . . be of good courage , and let us play the men for our people , and for the city of our god , and the lord doe what seemeth him good . esther . , . , . in the day that the enemies of the jewes hoped to have power over them , the jewes gathered themselves together into their cities , through out all the provinces of king ahashuerus , to lay hand on those that sought their lives , and no man could withstand them ; for the feare of them fell upon all people . thus the jewes sinote all their enemies with the stroke of the sword , and slaughter and destruction ; and did what they would with those that hated them ; but on the spoile laid they not their hand . it is this eighth day of may , . ordered by the committee of the house of commons in parliament for printing , that this booke , intituled , the third part of the soveraign power of parliaments and kingdomes , be printed by michael sparke , senior . john white . printed at london for michael sparke , senior . . to his ever-honovred , noble , kinde friends , the right honourable lord ferdinando fairfax , the right worshipfull , sir william waller , and sir william bruerton , knights , commanders in chiefe , of the parliaments forces , in severall counties . deservedly renowned worthies , your incomparable valour , zeale , activity , industry for the preservation of your dearest country , religion , lawes , liberties , and the very being of parliaments , all now endangered by an unnaturall generation of popish and malignant vipers , lately risen up in armes against them in diverse parts of this realme ; and those many miraculous victories with which god hath beene lately pleased to crowne your cordiall endeavours , to promote his glory and the publicke safety , as they have justly demerited some gratefull generall acknowledgements from the whole representative body of the state ; so they may in some sort challenge a private gratulatory retribution from me , who have formerly had the happinesse to participate in your christian affections , and now reape much consolation by your heroick actions . having therefore seasonably finished this third part , of the soveraigne power of parliaments and kingdoms ; copiously vindicating , the lawfulnesse , iustnesse of the parliaments present necessary defensive warre ( in which you have had the honour to be imployed , not onely as chiefe , but which is more , as most successefull commanders , in your severall countries , ) in point both of law and conscience ; and fully wiping off those blacke aspersions , of treason and rebellion , which the opposite party ( really guilty of these crimes against both king and kingdome , as i have * elsewhere manifested , and here lightly touched ) have out of malice , ignorance , or both conjoyned , most injuriously cast upon your loyall , honourable proceedings , which rejoyce the soules of all true philopaters , who cordially affect their country or religion ; i could not , without much ingratitude , yea injustice , have published it to the world , but under the patronage of your ever-honored resplendent names , who have so valorously , so successefully pleaded this cause already in the field , that it needs the lesse assistance from the presse . my many inevitable interruptions and straites of time in its contexture , which may happily detract something from its perfection ; shall i hope , derogate nothing from your honourable , friendly acceptation ; whom i have thus conjoyned in the dedication ; because the parliament hath united you in their present warlike employments , and god himselfe joyntly honoured you with successe , even to admiration among the good , indignation amidst malignants , envy with the malicious , and , i trust , to an active sedulous emulation in all your fellow commanders , imployed in other quarters in the selfesame cause . your present busie publike , and mine owne private imployments , prohibite me to expatiate ; wherefore earnestly beseeching the glorious lord of hosts to be ever mightily present with your severall noble persons , forces , and to make you alwayes eminently , active , valorous , victorious , as hitherto he hath done , till peace and truth , tranquillity and piety , by your severall triumphant proceedings , shall once more lovingly embrace and kisse each other in our divided unreformed , sinfull kingdomes ; and till the effect of these just warres you manage , shall be quietnesse and assurance to us and our posterities after us for ever ; i humbly recommend your persons , proceedings to his protection who can secure you in and from all dangers of warre , and rest , your honours , worships most affectionate friend and servant , william prynne . to the reader . christian reader , i who have beene alwayes hitherto a cordiall desirer , endeavourer of peace , am here necessitated to present thee with a discourse of warre ; to justifie the lawfulnesse of the parliaments present taking up of necessary defensive armes . which neither their endeavours , nor my , with many others prayers could ( with any safety to our priviledges , persons , religion , liberty , realmes , now forcibly invaded by his majesties popish and malignant cavallieres ) hitherto prevent , or conjure downe . to plead the justnesse of a warre , of an unnaturall civill warre , ( the worst of any ) of a warre betweene the head and members , may seeme not onely a paradox , but a prodigie , in a land heretofore blessed with an aged , uninterrupted peace : and a lucans bella per aemathios plusquam civilia campos , &c. ( now most unhappily revived among us ) being but historicall , and poeticall ; may passe the world with lesse admiration and censure , than this harsh peece , which is both legally & theologically ( like the subject matter ) polemicall . but as the b ayme , the end of all just war , is and ought to be onely future setled peace ; so is the whole drift of this military dissertation : not to foment or protract , but end our bloody warres ; which nothing hath more excited , animated , lengthened in the adverse party , than a strong conceite , ( if not serious beliefe , ) that the parliaments forces , neither would , nor lawfully might in point of law or conscience forcibly resist or repulse their invasive armes , without danger of high treason and rebellion , ( which bug-beare i have here refuted , removed ) and the in-activity , the much admired slownesse of many of our forces , in resisting , in preventing their vigorous proceedings , which a little timely vigilance and diligence had easily controlled . it is a more than c barbarous inhumanity for any person , not to put to his uttermost strength , speedily to close up the mortall wounds of his bleeding , dying native country ; but to protract its cure , to enlarge , encrease its deadly ulcers , stabs , sores , and make a lasting trade of warre , out of a sordid , d sinfull desire of gaine , of plunder , to raise a private fortune by the republicks ruines , ( a sinne , of which some perchance are guilty ) is an unparalleld , most unnaturall prodigious impiety . it was thought a great dishonour heretofore , for men of honour and estates , not to serve and defend their country gratis , as our own e lawbooks & histories plentifully manifest : and shall such persons now turne sordid mercenaries ; stirre neither hand nor foot without their pay ; and be more diligent to get their wages , than discharge their service ? god forbid . it is f recorded of the children of gad and reuben , after they had recovered their inheritance on this side jordan , that they went all up armed before the lord over jordan , at their owne free cost , untill they had driven out all the enemies in it before them , subdued the land , and setled their brethren of the other tribes peaceably in it . and shall not englishmen of estates doe the like for their brethren now , in these times of need , when money ( the sinewes of warre ) is almost quite shrunke up , by reason of former disbursements and want of trade ? we read , g that the very heathen kings of canaan when they came and fought in taanach by the waters of megiddo , against the israelites , they tooke no gaine of money , for their paines : such was their noble-generosity , which deborah registers in her song for their eternall glory . and we heare of divers lords and gentlemen in the kings army , which serve against their country gratis ; yea furnish out sundry horse and foote , of their proper cost ; of few or none such there who receive any pay. and shall these be more free , generous , active in serving , fighting against god , religion , lawes , liberties , parliament and their country ; than those of like ranke and quality on the parliaments party are in warring for them ? o h let not such anignoble , unchristian report be ever once justly told in gath , or published in the streets of askelon , lest the daughters of the philistines rejoyce , lest the sonnes and daughters of the uncircumcised triumph . i know there are some heroicke worthies in the parliaments armies , of whom i may truely sing with deborah , i my heart is toward the governours of israel , that offered themselves willingly among the people ; and who like zebulon and nepthali , have freely jeoparded their lives unto the death , in the high places of the field . blessed be their endeavours , and their names for ever honourable : i shall now onely wish that others would imitate their laudable examples , that so our long-lingring warres , may be speedily and happily determined in a blessed , pure , pious , secure , honourable , lasting peace . they are tormentors , not chirurgions , executioners , not true souldiers , who desire , endeavour not speedily to close up and heale their dearest countries bleeding , festring wounds ; for which i have prepared this treatise , as a soveraigne balme , to incarne and cicatrize them , not ulcerate , or inflame them . it was the prophets patheticke expostulation , k the harvest is past , the summer is ended , and we are not healed : is there no balme in gilead ? is there no physitian there ? why then is not the health of the daughter of my people recovered ? it may be englands and irelands expostulation now : the lord put it into the hearts of our great physitians ( the king , parliament , and grandees of both armies ) that they may now at last with bleeding , melting hearts and spirits , speedily poure forth such effectuall healing balmes into these two dying kingdomes deadly wounds , as may effectually cure and restore them to more perfect health and vigor than they ever formerly enjoyed , that so they may lose nothing but their putrid blood , their proud dead flesh , their filthy sanies and corrupt humours , by their unnaturall stabs already received : towards the advancement of which much desired cure , if these my undigested rude collections ( interrupted with sundry inevitable interloping distractions , which may justly excuse their many defects ) may adde any contribution , or satisfie any seduced , or scrupulous consciences touching this present warre ; i shall deeme my labours highly recompensed ; and so recommending them to gods blessing , and thy charitable acceptation , i shall detaine thee with no further prologue . farewell the soveraigne povver of parliaments & kingdomes : proving i st . that the parliaments present necessary defensive warre , is iust and lawfull both in point of law and conscience , and no treason nor rebellion . having in the two former parts of this discourse dissipated foure chiefe complaints against the parliaments proceedings ; i come now in order ( in point of time and sequell ) to the th grand objection of the king , royalists , and papists against the parliament . to wit : * that they have traiterously taken up armes , and levied warre against the king himselfe in his kingdome ; and would have taken away his life at keinton battell , which is no lesse than rebellion and high treason , by the statute of . e. . c. . with other obsolete acts ; and by the common law. which obiection , though last in time , is yet of greatest weight and difficulty , now most cryed up and insisted on , of all the rest , in many of his majesties late proclamations , declarations , and in anti-parliamentary pamphlets . to give a punctuall answere to this capitall complaint , not out of any desire to foment , but cease this most unnaturall bloody warre , which threatens utter desolation to us if proceeded in , or not determined with a just , honourable , secure , lasting peace ; now lately rejected by his majesties party . i say , first , that it is apparent to all the world , who are not willfully or maliciously blinded ; that this majesty first began this warre , not onely by his endeavors to bring up the northerne army to force the parliament , confessed by the flight , letters , examinations of those who were chiefe actors in it ; but by raising sundry forces under colour of a guard before the parliament levied any . secondly , that the a parliament in raising their forces had no intention at all to offer the least violence to his majesties person , crowne , dignity , nor to draw any english blood ; but onely to defend themselves and the kingdome against his majesties malignant invasive plundring forces , to rescue his majestie out of the hands , the power of those ill councellers and malignants who withdrew him from his parliament , to bring him backe with honour , peace , safety , to his great councell ; ( their generall and army marching with a petition to this purpose , ) and to bring those delinquents to condigne punishment who most contemptuously deserted the houses , contrary to order , law , the priviledges of parliament , their owne protestation taken in both houses , sheltring themselves , under the power of his majesties presence and forces , from the justice of the houses , and apprehension of their officers , contrary to all presidents in former ages , in high affront of the priviledges , honour , power of the parliament , and * fundamentall knowns lawe of the realme : since which time , his majestie having ( contrary to his former proclamations and frequent printed solemne declarations ) entertained , not onely divers irish pop●sh rebels , but likewise english and outlandish papists in his army , and given commissions to sundry * arch popish recusants , to arme themselves , and raise forces against the parliament , and kingdom , now in the field in all the northerne parts , wales , and other places , ( and that under the popes owne consecrated banner as many report ) in defiance of our protestant religion , ( designed by the popish party both at home and abroad , to no lesse then utter extirpation in england , as well as in ireland , if not in scotland too , ( as some of them openly professe ; ) the parliament are hereupon necessitated to augment and recrute their forces ; as for the precedent ends at first , so now more especially , for the necessary defence of the protestant religion established among us by law ; against which they ( and all others who are not wilfully blinded ) visibly discerne a most apparant desperate conspiracie ; which though not cleerely perceived , but onely justly suspected at first , doth now appeare ( all circumstances and agents considered ) to be the very embrio and primitive cause of this deplorable warre ; against which the parliament and subjects are now more necessitated and engaged to desend themselves then ever , seeing they have by all possible meanes endeavored to prevent this warre at first , and since to accommodate it , though in vaine , upon just , reasonable , and honorable safe termes for king and kingdome . the sole question then in this case thus truely stated will be . whether his majestie , having contrary to his oath , duty , the fundamentall laws of god and the realme , raised an armie of malignants , papists , forraigners ; against his parliament , kingdome , people , to make an offensive warre upon them , to murther , rob , spoyle , deprive them of their peace , liberties , properties , estates ; to impose unlawfull taxes by force upon them ; protect delinquents and evill councellors against the parliaments iustice , and violently to undermine our established protestant religion ; the common-wealth of england legally assembled in parliament ; and all subjects in such cases by command and direction from both houses of parliament , may not lawfully and justly without any treason or rebellion , in point of law and conscience , take up defensive armes to preserve the priviledges of parliament , their lawes , lives , liberties , estates , properties , religion , to bring delinquents and ill councellours to condigne punishment , and rescue his seduced majestie out of their hands and power , though he be personally present with them , to assist and countenance them in this unnaturall destructive warre ? and under correction ( notwithstanding any thing i ever yet heard or read to the contrary ) i conceive affirmatively , that they may justly do it , both in point of law and conscience . i shall begin with law , because in this unhappie controversie , it must direct the conscience . first , i have b already proved in judgement of law ; the parliament and kingdome assembled in it , to be the soveraigne power , and of greater authority then the king , who is but their publike minister in point of civill iustice , and generall in matters of warre , as the roman kings and emperours were , and other forraigne kings of old and at this day are . the parliament then being the highest power , and having principall right and authority to denounce , conclude and proclaime warre , ( as i have manifested in the debate of the militia , ) may not onely lawfully resist , but oppugne , suppresse all forces raised against it , and the kingdomes peace or welfare . secondly , the principall end of the kingdomes , originall erecting parliaments , and investing them with supreame power at first , was , to defend not onely with good lawes and councell , but when absolute necessitie requires ( as now it doth , ) with open force of armes ; the subjects liberties , persons , estates , religion , lawes , lives , rights , from the encroachments and violence of their kings , and to keepe kings within due bounds of law and iustice , the end of instituting the c senate and ephori among the lacaedemonians , the senate and dictators among the romans , the d forum suprarbiense , and justitia aragoniae among the aragonians ; of parliaments , dietts , and assemblies of the estates in other forraigne kingdomes , and in scotland , as i shall prove at large in its e proper place . this is cleare by the proceedings of all our parliaments in former ages ; especially in king iohns , henry the third , edward the . . . and richard the seconds raignes ; by the latter parliaments in king iames his raigne , yea of . caroli , the last dissolved parliament , and this now sitting , whose principall care and imployment hath beene to vindicate the subjects liberties , properties , lawes , and religion , from all illegall encroachments on them by the crown and its ill instruments : by the f forecited resolutions of bracton , fleta , the myrror of iustices , vowell , holinshed , the councell of basill , and others , that the parliament ought to restraine and bridle the king when he casts off the bridle of the law , and invades the subjects liberties , especially with open force of armes in an hostile manner : and by the constant practise of our ancestors and the barons warres , in maintenance of magna charta , with other good lawes and priviledges , confirmed by parliament . if then the parliament be instrusted by the kingdome with this superlative power , thus to protect the subjects liberties , properties , lawes , persons , religion , &c. against the kings invasions on them by policie or violence : they should both betray their trust , yea the whole kingdome too , if they should not with open force of armes , ( when policy , councell , and petitions will not doe it ) defend their owne and the subjects liberties , persons , priviledges , &c. against his majesties offensive armies which invade them , intending to make the whole kingdome a present booty to their insaciable rapine , and a future vassall to his majesties absolute arbitrary power , by way of conquest . i reade in g bodin that the roman senate being no way able to restraine caesar , tooke their refuge to that ancient decree of the senate , which was commonly made but in dangerous times of the common-weal● . videant consules & caeteri magistratus ne quid detrimenti capiat respublica : let the consulls and other majestrates fore see that the common-weale take no harme . with which decree of the senate , the consulls being armed , sodainely raised their power , commanding pompey to take up armes and raise an army against caesar to oppose his violent proceedings by force who after his conquest of pompey refusing to rise up to the consulls , pretors , and whole senate , out of his pride , through his ill councellors advise , and talking with them , as if they had beene but private men , he so farre offended both the senate and people , that to free the republicke from his tyranny , and preserve their hereditary liberties , they conspired his death , and soone after murthered him in the senate-house , where they gave him no lesse than . wounds . and h hieronimus blanca assures us , that the suprarbiense forum , iustitia aragoniae , or states of arag●n , ( erected to withstand the tyrannie and encroachments of their kings ) may by the laws of their realme assemble together , and resist their king with force of armes , as oft as there shall bee neede to repulse his , or his officers violence against the lawes ; for when they erected this court , they said , it would be little worth to have good lawes enacted , and a middle court of iustice betweene the king and people appointed , if it might not be lawfull to take up armes for their defence when it was needfull ; ( being agreeable to the very law of nature and reason ; ) because then it will not be sufficient to fight with counsell : for if this were not so , and the state and subjects in such cases might not lawfully take up armes , all things had long ere this been in the power of kings . therefore , no doubt , our parliament and state , as well as others , may by the very law of nature , and fundamentall institution of parliaments , now justly take up defensive armes to preserve their liberties , lawes , lives , estates , religion . from vassallage and ruine . thirdly , our owne parliaments , prelates , nobles , and commons in all ages ( especially in times of popery ) as well in parliament , as out , have by open force of armes resisted , suppressed the oppressions , rapines , vnjust violence , and armies of their princes raised against them ; yea , incountred their kings in open battells , taken their persons prisoners , and sometimes expelled , nay deposed them from their royall authority , when they became incorrigible open professed enemies to their kingdomes , their subjects , seeking the ruine , slavery , and desolation of those , whom by office , duty , oath , and common iustice , they were bound inviolably to protect in liberty and peace , as the * premised histories of archigallo , emerian , vortigern , segebert , osred , ethelred , bernard , edwin , ceolwulfe , king john , henry the d. edward . and . richard the , henry the th . ( our british , saxon , english kings , ) and other examples common in our owne annalls , plentifully manifest . neither are their examples singular , but all kingdomes generally throughout the world in all ages have done the like , when their kings degenerated into tyrants , of which there are i infinite precedens in history : which actions all ages , all kingdomes have alwaies reputed lawfull both in point of policy , law , religion , as warranted by the very lawes of nature , reason , state , nations , god ; which instruct , not onely particular persons , but whole cities and kingdomes for their owne necessary defence , preservation , the supportation of humane societie and libertie , to protect themselves against all unlawfull violence and trranny , even of their kings themselves , or their ministers , to whom neither the lawes of god , nature , man , nor any civill nation , ever yet gave the least authority to murther , spoile , oppresse , enslave their subjects , or deprive them of their lawfull liberties or estates ; which resistance were it unlawfull or unjust ( as many ignorant royallists and parasites now teach ) some few oppressing tyrannizing wilfull princes , might without the least resistance , ruine , murther , enslave the whole world of men ; overthrow all setled formes of civill government , extirpate christian religion , and destroy all humane society at their pleasures ; all which had beene effected , yea , all states and kingdomes totally subverted long agoe , by ambitious tyrannizing lawlesse princes , had not this lawfull , naturall , hereditary power of resisting and opposing their illegall violence ( inherent in their parliaments , states , kingdomes ) restrained and suppressed their exorbitances of this kinde . now that this necessary defensive opposition and resistance against open regall hostile violence , which hath beene ever held lawfull , and frequently practised in all kingdomes , all ages heretofore , as just and necessary ; should become sodenly unlawfull to our parliament , and kingdome onely , at this instant , seemes very unreasonable unto me . fouthly , it is the expresse resolution of k aristotle , l xenophon , m polibius , n pope elutherius , ( in his epistle to our first christian king , lucius ) king o edward the confessor in his established lawes , c. . the p councell of paris , anno . and isiodor cited by it ; q iohn bodin , r iohn mariana , and generally of all forraigne divines and polititians , pagan or christian ; yea of s bracton , t fleta , u fortescue , and x king iames himselfe ; that a king governing in a setled kingdome , ceaseth to be a king , and degenerates into a tyrant , so soone as hee leaves to rule by his lawes ; much more , when he begins to invade his subjects , persons , rights , liberties , to set up an abitrary power ; impose unlawfull taxes , raise forces , and make warre upon his subjects , whom he should protect , and rule in peace ; to pillage , plunder , waste , and spoile his kingdome ; imprison , murther , and destroy his people in an hostile manner , to captivate them to his pleasure ; the very highest degree of tyranny , condemned and detested by god , and all good men . the whole state and kingdome therefore in such cases as these , for their owne just necessary preservation , may lawfully with force of armes , when no other course can secure them , not onely passively , but actively resist their prince , in such his violent , exorbitant , tyrannicall proceedings ; without resisting any kingly , lawfull royall authority vested in the kings person , for the y kingdomes preservation onely , not destruction ; because in , and as to these illegall oppressions , tyrannicall actions , not warranted , but prohibited by the lawes of god , and the realme , ( to whom he is z accountable , and by whom he is justly censurable for them ) he is no lawfull king , nor majestrate , but an unjust oppressing tyrant , and a meere private man , who ( as to these proceedings ) hath quite denuded himselfe of his just regall authority . so that all those wholsome lawes made by the whole state in parliament , for the necessary preservation and defence of their kings royall person , and lawfull soveraigne power ; the suppression of all insurrections , treasons , conspiracies and open warres against them , whiles they governe their people justly according to law , ( as all good princes are a obliged to doe by oath and duty ; ) or the open violent resisting of their lawfull authority and commands ; to which all subjects both in point of law and b conscience , ought cheerfully and readily to submit ; will yeeld no publike countenance , encouragement , or protection at all to kings , in their irregall , tyrannicall oppressions , or violent courses ; especially when they turne professed publike enemies to their people , proclaime open warre against them , invade their lawes , liberties , goods , houses , persons , and exercise all acts of hostilitie against them , as fatre forth as the most barbarous forraigne enemies would doe : it being against all common sence and reason to conceive , that our parliaments , lawes which strictly inhibit and punish the very smallest violations of the publike peace , with all kinds of oppressions , robberies , trespasses , batteries , assaults , bloodsheds , fraies , murthers , routs , riots , insurrections , burglaries , rapes , plunderings , force-able entries , invasions of the subjects liberties or properties , in all other persons , and greatest publike officers whatsoever ( whose c delinquences are so much the more hainous , execrable and censurable , d as their persons , honours , and places are more eminent ) should so farre countenance , justifie , or patronize them onely in the king , the supreame fountaine of iustice ( ad tutelam legis corporum & bonorum erectus , as fortescue , and sir e edward cooke resolve ; cujus potestas iuris est , & non injuriae ; & cum sit author iuris , non debet inde injuriarum nasci occasio , unde iura naseuntur , as f bracton , and g fleta determine ; ) as not to permit the subjects , under paine of rebellion and high treason , by force of armes , upon expresse command and direction of the whole kingdome in parliament , so much as to defend their persons , goods , estates , houses , wives , children , liberties , lives , religion , against the open violence of the king himselfe , or his malignant plundring , murthering papists , caveleers : when as kings of all others ( as h bracton , i for escue , and k mariana prove at large ) both by oath and duty , ought to be more observant of , and obedient to the laws of god and their realmes ( which are l no respectors of persons ) then the very meanest of their subjects . that precept then of paul , rom. . . . . let every soule be subject to the higher powers , &c. and the statute of . e. . c. . with other obsolete acts , which declare it high treason , to levy warre against the king in his realme , must needs be intended of , and quallified with these subsequent just limitations , sutable to their genuine sense and meaning ; to wit , that as long , and so farre foorth , as kings justly and uprightly doe execute their just royall power , conferred on them by god and their people , according to the law of god , and their realmes , to the protection , encouragement and praise of all their good subjects , and the deserved punishment onely of malefactors ; they must and ought to be cheerefully obeyed , and quietly submitted to , as gods owne ministers , without the least resistance , private or publike ; neither ought any private men upon any private injuries , of their owne authority to raise up in armes against them , seeing they are publike magistrates in whom all the kingdome have an interest , without the generall assent and authority of the whole state and kingdome , or of both houses of parliment which represents it . but if kings degenerate into tyrants , and turne professed enemies to their kingdomes , parliaments , people , by making open warre against them ; by spoyling , murthering , imprisoning , maiming , sacking , destroying , or putting them out of their protections , without any just or lawfull grounds , endeavouring by force of armes to subvert their lawes , liberties , religion , and expose them as a prey to their mercilesse blood-thirsty souldiers ; or bring in forraigne forces to conquer them , ( our present case ; ) i dare confidently averre , it was never the thought nor intention of paul , or the holy ghost , much lesse of our nobles , prelats , and commons in parliament , which enacted these lawes ( who so oft tooke up armes , aswell offensive , as defensive , against our kings , in such like cases heretofore ) to inhibit subjects , kingdomes , parliaments ( especially , by direct votes and ordinances of both houses ) under paine of damnation , high treason , or rebellion , by defensive armes to resist kings themselves , or any of their cavalliers : and if this question had beene put to paul , peter , or any of those parliaments , which enacted these objected lawes ; whether they ever meant by these precepts or statutes , totally to prohibite all subjects , by generall assent in parliament , to take up such defensive armes , or make any forceable resistance , against their kings or their armies , in such cases of extremity and necessity as these , under the foresaid penalties ? i make little question , but they would have clearely resolved ; that it was never so much as within the compasse of their thoughts , much lesse their plaine intention , to prohibite such a resistance , in this or such like cases , but onely according to the precedent exposition of their words ; and that they never imagined to establish in the world any vnresistable lawlesse tyranny , or any such spoile or butchery of kingdomes , of subjects , execrable to god and man , in all persons , all ages , which have * resisted them even unto blood ; but rather totally to suppresse them ; there being scarce any more pregnant text , against the tyranny , the boundlesse prerogatives , the illegall proceedings of kings , and higher powers in all the scripture , then that of romans . . to . if rightly scanned , as pareus , and others on it manifest . therefore the parliaments and peoples present defensive warre , and resistance against their seduced king , and his malignant popish cavalliers , is no violation of any law of god , of the realme ; but a just necessary warre , which they have to the uttermost endeavoured to prevent : and no treason , no rebellion at all within the meaning of any law , or statute , unlesse we should thinke our parliaments so mad , as to declare it high treason , or rebellion , even for the parliament and kingdome it selfe , so much as to take up armes for their owne necessary preservation , to prevent their inevitable ruine , when they are openly assaulted by royall armies ; which none can ever presume they would doe , being the very high way to their owne , and the whole kingdomes subversion . fiftly , admit the king should bring in forraigne forces ( french , spanish , danes , dutch , or irish ) to destroy , or conquer his subjects , parliament , kingdome , ( as some such forces are already landed , and more expected dayly ; ) and should join himselfe personally with them in such a service , i thinke there is no divine , lawyer , or true hearted englishman , so void of reason , or common understanding , as to affirme it treason , or rebellion in point of law , and a matter of damnation in conscience , or true divinity , for the parliaments , subjects , kingdome , to take up necessary defensive armes for their owne preservation in such a case , even against the king himselfe , and his army of aliens ; but would rather deeme it a just , honourable , necessary action ; yea , a duty , for every english man to venture his life , and all his fortunes , for the defence of his owne dearest native countrey , posterity , liberty , religion ; and no lesse then a glorious m martyrdome , to dye manfully in the field , in such a publicke quarrell : the very heathens generally resolving ; that n dulce & decorum est pro patria mori : et mortes pro patria appetitae , non solum gloriosae rhetoribus , sed etiam beatae videri solent : in a case of this quallitie . whence that noble romane o camillus , professed to all the romanes in a publike oration ; patriae deesse quoad vita suppetat , alijs turpe , camillo etiam nefas est. and is not there the selfe same equity , and reason , when the king shall raise an army of popish english , or irish rebels , malignants , delinquents , and bring in forraigners ( though yet in no great proporation ) to effect the like designe . if armed forceable resistance be no treason , no rebellion in law or conscience , in the first , it can be no such crime in our present case . sixtly , i would demand of any lawyer , or divine : what is the true genuine reason , that the taking up of offensive armes against , or offering violence to the person , or life of the king , is high treason , in point of law and divinitie ? is it not onely because and as he is , the head and chiefe member of the kingdome , which hath a common interest in him ; and because the kingdome it selfe sustaines a publike prejudice and losse by this war against , and violence to his person ? doubtlesse , every man must acknowledge this , to be the onely reason ; for if he were not such a publike person , the levying war against , or murthering of him , could be no high. treason at all . and this is the reason , why the elsewhere cited statutes of our realme , together with our historians , make levying of warre , deposing , or killing the king by private persons , high treason ; not onely against the king , but the realme , and kingdome to ; witnesse the statutes of . r. . c , . . r. . c. . . . r. . c. . . r. . c. . . . . h. . parl. . c. . . h. . c. . . mar. c. . . eliz. c. . . iaco. . . . . and the act of pacification this present parliament , ( declaring those persons of england and scotland traitors to either realme , who shall take up armes against either realme , without common consent of parliament ) which enact , the levying of warre against the kingdome and parliament , invading of england or ireland , treachery against the parliament , repealing of certaine acts of parliament , ill counselling the king , coyning false money , and offering violence to the kings person , to take away his life , to be high treason , not onely against the king and his crowne , but the realme to ; and those who are guilty of such crimes , to bee high traitors and enemies to the realme , p as well at to the king. hence iohn of gaunt , duke of lancaster , being accused in a parliament held in . r. . by a carmelite frier , of high treason , for practising sodainely to surprise the king , and seize upon his kingdome ; the duke denied it , as a thing incredible upon this very ground ; if i should thus ( said he ) affect the kingdome : q js it credible after your murder ( which god forbid ) that the lords of this kingdome , could patiently endure me , domini mei et patriae proditorem , being a traitor both of my lord and countrey ? hence in the same parliament of . r. . john walsh esquire captaine of cherburg in france , was accused by one of navarre , de proditione regis & regni , of treason against the king and kingdome ; for delivering up that castle to the enemies ; and in the r parliament of . r. . sir john annesley knight , accused thomas ketrington esquire , of treason against the king and realme , for betraying and selling the castle of saint saviour within the isse of constantine in france , s to the french , for a great summe of money , when as he neither wanted victuals , nor meanes to defend it : both which accusations ( being of treasons beyond the sea ) were determined by battle , and duels fought to decide them . hence the great favourite , pierce gaveston , tanquam legum subversor , hostis terrae publicus , & publicus regni proditor , capite truncatus est : and the two spensers after him , were in edward the second his raigne likewise banished , condemned , and executed , as traitors to the king and realme , et regni proditores for miscounselling and seducing the king , and moving him to make warre upon his people : hence both the t pierces , and the archbishop of yorke , in their articles against king henry the fourth , accused him , as guilty of high treason , and a traitor both to the king , realme and kingdome of england , for deposing and murthering richard the second . and hence the gunpouder conspirators , were u declared , adjudged , and executed as traitors both to the king & realme , for attempting to blow up the parliament house , when the king , nobles , and commons were therein assembled : if then the king shall become an open enemie to his kingdome , and subjects , to waste or ruine them ; or shall seeke to betray them to a forraigne enemy ( which hath beene held no lesse then treason in a king to doe , who by the expresse resolution of . h. . cap. . may become a traitor to the realme , and thereupon forfeit his very right and title to the crowne ; ) it can be no treason nor rebellion in law or theologie , for the parliament , kingdome , subjects , to take up armes against the king and his forces , in such a case , when he shal wilfully and maliciously rent himselfe from , and set himselfe in direct opposition against his kingdome ; and by his owne voluntary actions turne their common interest in him for their good and protection , into a publicke engagement against him , as a common enemy , who seekes their generall ruine . and if kings may lawfully take up armes against their subjects , as all royallists plead , after they reject their lawfull power , and become open rebels or traitors , because then as to this , they cease to be subjects any longer , and so forfeit the benefit of their royal protection : by the self-same reason ( the bond and stipulation being mutuall ; kings being their subjects * liege lords , by oath and duty , as well as they their liege people : ) when kings turne open professed foes to their subjects in an hostile warrelike way , they presently both in law and conscience , cease to be their kings de jure , as to this particular , and their subjects alleagiance thereby is as to this discharged , and suspended towards them , as appeares by the kings coronation oath , and the * lords and prelats conditionall fealty to king steven , so that they may justly in law and conscience resist their unlawfull assaults , as enemies ; for which they must onely censure their owne rash unjust proceedings , and breach of faith to their people , not their peoples just defensive opposition which themselves alone occasioned . seventhly , it must of necessity be granted ; that for any king to levie warre against his subjects , unlesse upon very good grounds of law and conscience , and in case of absolute necessity , when there is no other remedy left , is directly contrary to his very oath and duty , witnes the law of king edward the confessor , cap. . and coronation oathes of all our kings forementioned ; to keepe peace and godly agreement intirely , according to their power to their people ; contrary to all the fundamentall lawes of the realme , and the prologues of most statutes , intirely to preserve , and earnestly to indeavour the peace and welfare of their peoples persons , goods , estates , lawes , liberties ; contrary to the main tenor of all y sacred scriptures , which have relation unto kings ; but more especially to the kings . . . . and chron. . . . where when king rehoboam had gathered a very great army to fight against the ten tribes , ( which revolted from him for following his young counsellors advice , and denying their just request , and crowned ieroboam for their king ) intending to reduce them to his obedience by force of armes ; god by his prophet shemiah expressely prohibited him and his army , to goe up , or fight against them ; and made them all to returne to their owne houses without fighting ; and to isay . . . to . where god threatens , to cast the king of babilon out of his grave , as an abhominable branch , as a carcasse trodden under foot , ( marke the reason ) because thou hast destroyed thy land , and slaine thy people , to cut off from babylon his name and remembrance , and sonnes and nephewes : as he had cut off his peoples , though heathens . yea , contrary to that memorable speech of that noble roman * valerius corinus when he was chosen dictator , and went to fight against the roman conspirators , who toke up armes against their country . fugeris etiam honestius , tergumque civi dederis , quam pugnaveris contra patriam ; nunc ad pacificandum bene atque honeste inter primos stabis : postulate aequa et ferte ; quanquam vel iniquis standum est potius , quam impias inter nos conseramus manus , &c. if then a kings offensive warre upon his subjects , without very just grounds and unevitable occasions be thus utterly sinfull , and unlawfull in law and conscience ; and most diametrally contrary to the oath , office , trust and duty of a king , ( who by this strange metamorphosis a becomes a wolfe instead of a shepheard , a destroyer in liew of a protector ; a publike enemy in place of a common friend ; an unnaturall tyrant , instead of a naturall king ) it followes inevitably ; that the subjects or kingdomes resistance and defensive warre in such a case , both by the law of god , of nature , of the realme , must be lawfull , and just ; because directly opposite to , the only preservative against that warre , which is unlawfull and unjust : and so no treason , nor rebellion ( by any law of god or man , ) which are illegall and criminall too . eightly , it is the received resolution of all b canoni●●s , schoolemen , and civill lawyers ; that a defensive warre undertaken onely for necessary defence , doth not prop●ly deserve the nam of warre , but onely of defence : that it is no l●vying of warre at all , ( which implies an active offen●ive , not passive defensive raising of forces , and so no treason nor offence within the statute of . e. . c. . as the parliament , the onely proper iudge of treasons , hath already resolved in point of law but a faculty onely of defence cuilibet omni iure , ipsoque rationis ductu permissa ; &c. permitted to every one by all law , ( or right ) and by the very conduct of reason , since to propulse violence and iniury is permitted by the very law of nations . hence of all the seven sorts of warre which they make , they define the last to be , a just and necessary war quod fit se et sua defendendo ; and that those who d●e is such a war ( caeteris paribus ) are safe ( causa . qu. . ) and if they be slaine for defence of the common-wealth , their memory shall live in perpetuall glory . and hence they give this definition of a just warre . c warre is a lawfull defence against an imminent or praeceeding offence upon a publike or private cause , concluding : that if defence be severed from warre , it is a sedition , not warre ; although the emperour himselfe denounce it ; yea , although the whole world combined together . proclaime it : for the emperour , a king , can no more lawfully hurt another in warre , then he can take away his goods or life without cause . therefore let commentato●s b●awle eternally about warre , yet they shall never justifie nor prove it lawfull , nisi ex defensione legitima ; but when it proceeds from lawfull defence , all warres being rash and unjust , against those who justly defend themselves . this warre then being undertaken by the parliament , onely for their owne , and the kingdomes necessary defence , against the kings invasive armies and cavalliers ( especially , now after the kings rejection of all honourable and safe termes of peace and accommodation tendered to him by the parliament : ) must needs be just and lawfull ; and so no treason , nor rebellion , in point of law or conscience ; since no law of god , nor of the realme , hath given the king any authority or commission at all to make this unnaturall warre upon his parliament , his people , to enslave their soules and bodies , or any inhibition to them , not to defend themselves in such a case . these generall considerations thus premised , wherein law and conscience walke hand in hand ; i shall in the next place lay downe such particular grounds for the justification of this warre , which are meerely legall ; extracted out of the bowels of our knowne lawes ; which no professors of them can contradict . first , it is unquestionable , that by the common and statute law of the land , the king himselfe , who cannot lawfully proclaime warre against a forraigne enemy , much lesse against his people , without his parliaments previous assent , as i have elsewhere proved ; cannot by his absolute soveraigne prerogative , either by verball commands , or commissions under the great seale of england , derive any lawfull or just authority to any generall , captaine , cavalliers , or person whatsoever , without legall triall and conviction , to seize the goods or chattels of any his subjects , much lesse , forcecibly to rob , spoile , plunder , wound , beat , kill , imprison , or make open war upon them , without a most just and in vitable occasion , and that after open kostilitij denounced against them . and if any by vertue of such illegal commissions or mandats , assault , plunder , spoile , rob , beat , wound , slay , imprison , the goods , chattels , houses , persons of any subject not lawfully convicted ; they may , and ought to be proceeded against , resisted , apprehended , indicted condemned for it , notwithstanding such commissions as trespassers , theeves , burglarers , felons , murderers , both by statute , and common law ; as is clearely enacted and resolved , by magna charta , cap. . . e. . stat. . cap. . . . . e. . cap. . . . e. . artic. super chartas , cap. . e. . c. . . e. . cap. . . e. . cap. . r. cap. . r. ca . . h. . cap. . . r. . cap. . to . h. . cap. . . jacob. c. . against monopolies . the petition of right . . caroli . e. . c. . . e. . ca. . . e. . stat. . . e. . cap. . . . . r . cap. . and generally all satutes against purveyers . ass . pl. . . brooke commissions , . . fortesoue , c p. . . . . . . . e. . . . h. . . br. faux jmprisonment , . . . e. . a tr. . h. . monstrans de faits stamford lib. . fol. . a. . a. the conference at the committies of both houses , o. aprilis , o. caroli , concerning the right and priviledge of the subject : newly printed . cooke lib. . fol. . . lib. . fol. . . lib. . fol. . to . iudge crooks and huttons arguments , against shipmoney , with divers other law-bookes . therefore the cavalliers can no waies justifie , nor excuse their wounding , murthering , imprisoning , assaulting , robbing , pillaging , and spoiling of his majesties people and subjects , and making warre upon them , by vertue of any warrant or commission from the king ; but may justly and legally be apprehended , resisted , and proceeded against , as murtherers , rebels , robbers , felons , notwithstanding any pretended royall authority to countenance their execrable unnaturall proceedings . secondly , it is irrefragable , that the subjects in defence of their own persons , houses , goods , wives , families , against such as violently assault them by open force of armes , to wound , slay , beate , imprison , robbe , or plunder them , ( though by the kings own illegall commission ) may not onely lawfully arme themselves , and fortifie their houses ( their castles in iudgement of law , ) against them ; but refist , apprehend , disarme , beat , wound , repulse , kill them in their just necessary defence ; not onely without guilt of treason , or rebellion , but of tresspas , or the very least offence ; and servants in such cases may lawfully justifie , not onely the beating , but killing of such persons , who assault their masters persons , goods , or houses ; as is expresly resolved by the statute of . e. . de malefactoribus in parcis ; by . h. . cap. . fitzherbert , corone , . . . . . . . h. . trespas , . stamford , lib. . cap. . . . . ass . . . h. . . a. . h. . . b. . h. . . a. . e. . . b. . e. . . a. . h. . . b. brooke , coron . & trispas . therefore they may justly defend themselves , resist , oppose , apprehend , and kill his majesties cavalliers , notwithstanding any commissions , and make a defensive warre against them ; when as they assault their persons , houses , goods , or habitations , without any treason , rebellion , or crime all against the king or law. thirdly , it is past dispute , that the sheriffes iustices of peace , mayors , constables and all other officers of the realme , may and ought by our lawes and statutes to raise the power of the counties and places where they live , and command all persons to arme themselves to assist them upon their command , when they see just cause ( which commands they are all bound to obey under paine of imprisonment and fines , for their contemptuous disobediene herein : ) to suppresse and withstand all , publicke breaches of the peace , riots , routs , robberies , fraies , tumults , forcible entries , and to apprehend , disarme , imprison , and bring to condigne punishment all peace-breakers , riotors , trespassers , robbers , plunderers , quarrellers , murtherers , and forces met together , to doe any unlawfull-hostile act , ( though by the kings owne precept : ) and in case they make resistance of their power , they may lawfully kill and slay them without crime or guilt , if they cannot otherwise suppresse or apprehend them : yea , the sheriffes , and all other officers may lawfully raise and arme the power of the county to apprehend delinquents , by lawfull warrants from the parliament , or processe out of other inferiour courts of iustice , when they contemptuously stand out against their iustice , and will not render themselves to a legall triall ; in which service all are bound by law to assist these officers , who may lawfully slay such contemptuous offenders , in case they cannot otherwise apprehend them . all which is enacted and resolved by . e. . cap. . . ed. . cap. . . r. . cap. . . r. . cap. . . . r : . cap. . . r. . cap. . . h. . cap , . . h. . cap. . . h. . cap. . . . h. . cap. . . e. . cap. . . mar. cap. . . h. . cap. . . e. . fitz execution , . . h. . . a . ass . . . h. . fol. . . . h. . fol. . register , f● . . . fitz. coron . . . . . . stamford , lib. . cap. . . cooke lib. . fol. . . . with sundry other bookes , and acts of parliament , and walsingham , hist . angliae , pag. . . yea , the statute of . ed. . cap. . recites ; that such resistance of processe out of any the kings courts ( much more then out of the highest court of parliament ) redounds much to the dishonour of the king and his crowne ; and that such resisters shall be imprisoned and fined , because they are desturbers of the kings peace , and of his realme . and the expired statute of . h. . cap. . enacted : that if any duke , marquesse , earle , viscount , or baron , complained of for any great riots , extortions , oppressio●s , or any offence by them done against the peace and lawes , to any of the kings liege-people , should refuse to obey the processe of he kings court , under his great or-privie seale , to him directed , to answer his said offenes ; either by refusing to receive the said processe , or dispiting it , on withdrawing himselfe f●r that cause , and not appearing after proclamation made by the sheriffe in the county , at the day prescribed by the proclamation ; that then hee should for this his contempt , forfeit and lose all his offices , fees , annuities , and other possessions that he , or any man to his use , hath of the gift or grant of the king , or any of his progenitors , made to him or any of his ancestors : and in case he appeares not upon the second proclamation on the day-therein to him limited ; that then he shall lose and forfeit his estate and place in parliament , and also all the lands and tenements wh●ch he hath , or any other to his use for terme of his life , and all other persons having no lands not appearing after proclamation , were to be put out of the kings protection , by this act. such a hemous offence was it then reputed , to disobey the processe of chancery , and other inferiour courts of iustice even in the greatest peeres ; how much greater crime then is , and must it be , contemptuously to disobey the summons , processe , and officers of the parliament it selfe , the supremest court of judicature , especially in those who are members of it , and stand engaged by their prostestations , trusts , and places in it , to maintaine its honour , power , and priviledges to the uttermost ? which many of them now exceedingly vilifie , and trample under feete : and therefore deserve a severer censure then this statute inflicts ; even such as the act of . r. . c. . prescribed to those nobles unjustly fore-judged in that parliament ; that their issues males now begotten shall not come to the parliaments , nor to the councells of the king nor his heires ; nor be of the kings counsell nor of his heires ; therefore it is undubitable , that the sherifes , iustices of peace , majors , constables , leivtenantes , captaines , and other officers in every county through the realme , may by their owne authority ( much more by an ordinance and act of association of both houses ) raise all the power of the county , & all the people by vertue of such commands may lawfully meete together in armes to suppresse the riots , burglaries , rapines , plunders , butcheries , spoyling , robberies , and armed violence of his majesties cavaleers ; and apprehend , imprison , slay , arraigne , execute them as common enemies to the kingdomes peace and welfare , even by the knowne common law , and statutes of the realme , and seife delinquents notwithstanding any royall commission or personal commands they may or can produce . fourthly , it is most certaine , that every subject by the very common law of the realm , ( yea law of nature ) as he is a member of the state and church of england , d is bound both in duty and conscience , when there is necessary occasion , to array and arme himselfe to resist the invasions , and assaults of open enemies of the realme , especially of forraigners , as is cleare by infinite * presidents , cited by the kings owne councell , and recited by judge crooke in his argument concerning ship-money ; in both the houses two remonstrances and declarations against the commission of array ; and the answer of the first of them in the kings name ; all newly printed ( to which i shall referre the reader for fuller satisfaction : ) e and by the expresse statutes of e. . c. . . e. . c. . and . h. . c. . the reason is from the originall compact and mutuall stipulation of every member of any republicke , state or society of men for mutuall defence one of another upon all occasions of invasion , made at their first association and incorporation into a republike , state , kingdome , nation , of which we have a pregnant example , iudg. . . to . if then the king himselfe shall introduce forraigne forces and enemies into his realme to levie war against it , or shall himself become an open enemie to it ; the subjects are obleiged , by the self-same reason , law , equity , especially upon the parliaments command , to arm themselves to defend their native country , kingdome against these forraigne and domesticke forces , and the king himselfe if he joyne with them ; as farre forth as they are bound to doe it upon the kings own writ and commission , in case he joyned with the parliament and kingdome against them ; the necessary defence and preservation of the kingdome and themselves ( and of the king onely so farre forth as he shewes himselfe a king and patron , not an enemie of his kingdome , and subjects , ) being the sole ground of their engagement in such defensive warres : according to this notable resolution of cicero , ſ omnium societatum nulla est gratior , nulla carior quàm ea quae cum republica est unicuique nostrum cari sunt pare●tes , cariliberi , propinqui , familiares , sed omnes omnivm caritates patria vna complexa est , pro qua quis bonus dubit t●mortem oppetere , si ei sit prosuturus ? q●o est detestabilior illorum immanitas . qui lacerant omni scelere patriam , & n●a sunditus delenda occupati & sunt & fuerunt : and seeing kings themselves as well as subjects are bound to g hazard their lives for the preservation of their kingdomes , and peoples safeti ; and not to endanger the ruine of the kingdome and people to preserve their owne lives and prerogatives , as i have elsewhere manifested ; it cannot be denyed , but that every subject , when the king is unjustly divided against his kingdome , parliament , and people , is mere obleiged to joyne with the kingdome , parliament , and his native dearest countrey , ( who are most considerable ) against the king ; than with the king against their ; and rather in such a case than any other , because there is lesse neede of helpe , and no such danger of ruine to the whole realme and nation , when the king joynes with them against forraigne invading enemies ; as there is when the king himselfe becomes an open intestine foe unto them , against his oath and daty : and the h peoples safety being the supremest law , & the houses of parliament the most soveraigne authoritie , they ought in such unhappie cases of extremitie and division to oversway all subjects , to contribute their best assistance for their necessary just defence , even against the king himself and all his partisans , who take up hostile armes against them , and not to assist them to ruine their owne country , kingdome , nation , as many as now over-rashly do . fifthly , i conceive it cleare law , that if the king himselfe , or his courtiers with him , shall wrongfully assault any of his subjects to wound , rob , or murther them without just cause , that the subjects , without any guilt of treason or rebellion , may not onely in their owne defense resist the king and his courtiers assaults in such a case , and hold their hands ( as i doctor ferne himselfe accords ) but likewise close with , and disarme them ; and if the king or his courtiers receive any blowes , wounds , in such a case ; or be casually slaine , it is neither treason nor murder , in the defendants , who had no treasonable nor murtherous intention at all in them , but onely endeavoured their own just defence , attempting nothing at all against the kings lawful royall authority : as is cleare by all law k cases , of man slaughter , se defendends , and to put this out of question , i shall cite but two or three cases of like nature . it hath been very l frequent with the kings of england , france , and other princes , for triall of their man hood , to runne at iousts and fight at barriers , not onely with forraigners , but with their owne valiantest l●rds and knights , of which there are various examples . in these martiall disports , by the very law of arm●s , these subjects have not onely defended themselves against their kings assaults and blowes ; but retorted lance for lance , stroke for stroke , and sometimes unborsed , disarmed , and wounded their kings , our m king henry the eight , being like to be slaine by the earle of suffolke , at a tilting in the . yeare of his reigne : and no longer since then the yeare . henry the d , king of france , was casually slaine in a loust by the earle of mountgommery , his subject , ( whom hee commanded to iust one bout more with him against his will ) whose speare in the counter-blow ran so right into one of the kings eyes , that the shivers of it peirced into his head , perished his braine and slew him : yet this was iudged no treason , fellony , nor offence at all in the earle , who had no ill intention . if then it hath ever beene reputed lawfull and honourable , for subiects in such militarie exercises , upon the challenges of their kings , to defend themselves couragiously against their assaults , and thus to fight with and encounter them in a martiall manner , though there were no necessity for them to answer such a challenge ; and the casuall wounding or slaying of the king by a subiect in such a case be neither treason nor fellony : then much more must it be lawfull by the law of armes , nature , and the kingdome , for the parliament and subjects in a necessary , just , unavoydable warre , to defend , resist , repulse the kings and his cavaleers-personall assaults , and returne them blow forblow , shot for shot , if they will wilfully invade them ; and if the king or any of his forces miscarry in this action , they must ( like king o henry the th when endangered by tilting ) blame themselves alo●e , and have no other just legall remedie but patience , it being neither treason , rebellion , nor murther in the defensive party , and most desperate folly and frenzie in any prince , to engage himselfe in such a danger , when beneede not doe it . i reade of p charles the first of france ; that he fell sodainely destracted upon a message he rec●ived from an old poore man , as he was marching in the head of his army ; and thereupon thinking himselfe b●tray●d encountred his owne men , and slew two or three of them ere they were ware of him , wo●nding others . whereupon they closing with him , dis●rmed and led him away fo●ceably , keeping him close shut up like à bedla● , till he recovered his sens●s . i thinke no man in his right wits , will deeme this their action treasonable or unlawfull ; neither did the king or any in that age thus repute it . if then a king in an angry franticke passion ( for q ir. brevius furor est ; ) shall take up armes against his loyall subjects , and assault their persons to murther them and spoyle their goods ; if they ( by common consent in parliament especially ) shall forcibly resist , disarme or restraine his person , till his fury be appeased , and his judgement rectified by better councells ; shall this be treason , rebellion , or disloyaltie ? god forbid : i thinke none but mad men can or will averte it . it was a great doubt in law , till the statute of . h. . c. . setled it , if a party that had committed any high treasons when he was of perfect memory ; after accusation , examination , and confession thereof became madde or lunaticke ; whether he should b● tried and condemned for it during this distemper ? and some from that very act ( and . h. . . . ass . . h. . for faiture and dower . fitz. nat. br. . d. stamford pleas , . b. and cooke . l. . f. . beverlyes case , which resolve , ●hat a lunaticke or non compos cannot be guilty of murthe● , fel n●y , ●●petite treason , because having no understanding , and knowing not what he doth , he can ●ave n● follonius intention ) conceive , that a reall mad-man cannot be guilty of high treason ( though sir edward cooke in bev●rlies case , be of a contrary opinion ) if he should assault or kill his king . and i suppose few will deeme r walter terrils casuall killing of king william rufus with the glance of his arrow from a tree , shot at a deere , high treason ; neither was it then reputed so , or he prosecuted as a traytor for it , because he had no malicious intention ( as most thinke ) against the king , or any thought to hurt him . but i conceive it out of question , if a king in a distracted furious passion without just cause , shall invade his subjects persons in an open hostile manner to destroy them ; it neither is , nor can be treason ner rebellion in them , if in their owne necessary defence alone , they shall either casually wound or slay him contrary to their loyall intentions ; and those s statutes and law-book●s which judge it high treason , for any one maliciously and trayterously to imagine , compasse or conspire the death of the king ; will not at all extend to such a case of meere just defence ; since a conspiracie or imagination to compasse or procure the kings death , can neither be justly imagined nor presumed , in those who are but meerely defensive , no more then in other common cases of one mans killing another in his owne inevitable defence without any precedent malice ; in which a pardon by law , is granted of course : however , questionlesse it is no treason nor murther at all to slay any of the kings souldiers and cavaliers who are no kings , in such a defensive warre . sixthly , suppose the king should be captivated , or violently led away by any forraign or domesticke enemies to him and the kingdome , and carried along with them in the field , to countenance their warres and invasions upon his loyallest subjects , by illegall warrants or commissions fraudulently procured , or extorted from him . if the parliament and kingdome in such a case , should raise an army to rescue the king out of their hands , and to that end encountring the enemies , should casually wound the king whiles they out of loyalty sought onely to rescue him ; i would demaund of any lawyer or divine , whether this act should be deemed treason , rebellion or disloyalty in the parliament or army ? or which of the two armies should in point of law or conscience be reputed rebells or traytors in this case ? those that come onely to rescue the king , and so fight really for him indeed , though against him in shew ; and wound him in the rescue ? or those who in shew onely fought for him , that they might still detaine him captive to their wills ? doubtlesse there is no lawyer , nor theologue but would presently resolve in such a case , that the parliaments army which fought onely to rescue the king were the loyall subjects ; and the malignants army who held him captive with them , the onely rebels and traytors ; and that the casuall wounding of him ( proceeding not out of any malicious intention , but love and loyalty to redeeme him from captivity , ) were no trespasse nor offence at all , being quite besides their thoughts : and for a direct president ; it was the very case of king t henry the third ; who ( together with his sonne prince edward ) being taken prisoner by the earle of leycester in the battle of lewis , and the earle afterwards carrying him about in his company in nature of a prisoner , to countenance his actions , to the great discontent of the prince , the earle of glocester and other nobles ; hereupon the prince and they raising an army , encountred the earle , and his porces in a battle at evesha● where the king was personally present , slew the earle , routed his army , and rescued the king ; in this cruell battell , the n king himselfe ( being wounded unawares with a iavelin , by those who rescued him ) was almost slaine , and lost much of his blood : yet in a parliament soone after sommoned at winchester , anno . the earle and his army were dis-inherited as traytors and rebels ; but those who rescued them though with danger to his person , rewarded as his loyall subjects . and is not this the present case ? a company of malignant ill councellors , delinquents , prelates , papists , have withdrawne his majestie from his parliament , raised an army of papists , forraigners , delinquents and male-contents , to ruin the parliament , kingdome , religion , lawes , liberties ; to countenance this their designe , they detaine his majestie with them , and engage him all they can on their side : the parliament out of no disloyall intention , but onely to rescue his majesties person out of their hands , to apprehend delinquents , preserve the kingdome from spoyle , and defend their priviledges , persons , liberties , estates , religion , from unjust invasions , have raised a defensive army , which encountred these forces at edgehill , ( where they say the king was present ) slew the lord generall ( earle of lindsey ) with many others ; and as they never intended , so they offered no kind of hurt or violence at all to his majesties person then or since ; and now full sore against their wils , petitions , endeavours for peace , they are necessitated to continue this offensive warre , for their owne and the kingdomes necessary preservation . the sole question is ; whether this act , this defensive warre of the parliament and their forces be high treason or rebellion ? and who are the traytors and rebells in this case ? certainly , if i understand any law or reason , the parliament and their forces are and must be innocent from these crimes ; and their opposite popish malignant cavaleers , the onely rebels and traytors ; as this parliament ( the onely proper judge of treasons ) hath x already voted and declared them in point of law. seventhly , it is * little ●s and other law-bookes expresse resolutions ; that if a man grant to another the office of a parkership , of a parke for life , the estate which he hath is upon condition in law ( though not expressed ) that he shall well and lawfully keepe the parke , and doe what which to his office belongeth to doe , or otherwise it shall be lawfull for the grantor and his heires to remove him , and grant it to another if he will : and if the parker negligently suffer the deere to be killed , or kill the deere himselfe without sufficient warrant from his lord , it is a direct forfaiture of his office. if then a keeper or forrester cannot kill or negligently suffer his deere to be killed ( no nor yet destroy the vert on which they should feed , or suffer it to be destroyed ) without forfaiture of his office , even by a condition annexed to his office by the very common law ; shall a king , thinke you , lawfully murther , plunder and destroy his subjects , his kingdome , without any forfaiture or resistance at all ? or will the common law of the land in such a case which provides and annexeth a condition to the office of a parker , not much more unite it to the royall office of a king , ( who is but a regall keeper , or * sheepheard of men , of christians , of free men , not of slaves ) for the subjects preservation and security ? doth the common-law thus provide for the safety , the liberty , welfare of our beasts , yea our wilde beasts , are our deere so deare unto it , and will it not much more provide for the security of our owne persons , lives , liberties , estates ? shall not these be dearer to it than out deere ? how many * riged lawes have beene anciently , and of late yeares made , against the killing , the destroying of the kings , the subjects deere in forrests and parkes , for which some have lost their liberties , lives , members ? and shall not the lawes for the preservation of the subjects lives , liberties , estates be more inviolably observed , more severely prosecuted ? may a forrester , warrener , or keeper of a parke lawfully beate and kill another in defence of his deere and other game , without any penalty or forfaiture at all , enjoying the kings peace as before this fact , by the expresse statute of . e. . rastall forrests . and stamfords pleas , l. . c. . . and cannot a poore subject defend his owne person , family , house , goods , libertie , life , against the kings forces , or cavaleers without the danger of treason or rebellion , if the king himselfe be present with them , or they come armed with his unjust commission ? certainely this is a too absur'd , irrationall , beastiall opinion for any to beleeve . it is our saviours own doubled argument , mat. . . luke . . behold the fowles of the ayre , and consider the ravens , for they neither sow nor reape , neither have store-house , nor borne , yet your heavenly father feedeth them : are not yee mvch better then they ? then fowles ? and luke . . . mat. . . . . are not two sparrowes sold for a farthing ? and not one of them shall fall to the ground without your father : but the very haires of your head are all numbred : feare ye not therefore ; ye are of more valve then many sparrowes and the apostle hath the like argument , cor. . . . doth god take care for oxen ? or saith he it not altogether for our sakes ? for our sakes , no doubt this is written , &c. * men are the soveraigne lords of all the creatures , of farre more excellencie and dignity then all , or any of them ; especially christian men ; whence the apostle paul gives this strict charge to the elders of ephesus ( belonging as well to kings as ministers ) act. . . take heed therefore unto all the flocke over which the holy ghost hath made you over-seers to feed the church of god which he hath purchased with his owne blood : and god himselfe hath given this expresse inhibition even to * kings themselves , concerning his and their peoples safety ( most strangely inverted by flattering divines , quite contrary to the words and meaning : ) touch not mine anointed , and do my prophets no harm ? . and shall not men then made after gods owne image ; men redeemed and purchased by the blood of christ ; men made * kings and priests to god their father , whom god himselfe hath expressely prohibited kings themselves to touch or harme ; not be allowed liberty to defend their persons , houses , lives , liberties , without offence or treason , against kings or any their cavaleers assaults , by the law of god , the common or statute law of the realme ; when as their very keepers , warreners , forresters may lawfully resist , and slay them to without crime or punishment , if they should offer but to kill , to steale their deere or connies ? are they not much better , much dearer to god , to kings , then foules ? then sparrowes ? then oxen ? then deere ? and their lives , their blood more precious then theirs ? surely the scripture is expresse : that * precious in the sight of the lord is the blood , the death of his saints ; and therefore * he that sheddeth mans blood ( be he whom he will in an unlawfull way ) by man shall his blood he shed ; if not in a judiciall way , yet by way of just defence , as christ himself expounds it , mat. . . all they that take the sword , shall perish with the sword : and rev. . . he that killeth with the sword , mvst be killed with the sword ; ( no doubt he may be killed by way of necessary defence ; ) then it immediately followes ; here is the patience and faith of the saints : that is , saints will and must patiently endure many pressures and wrongs from tyrants and oppressors without resistance , but if they once come to make warre with them , as the seven headed beast there did v. . then both the faith and patience of the saints themselves will binde their hands no longer , but give them free liberty in such an extremity ( for their owne and the churches preservation , in their just defence ) to slay those seven headed beasts that shall assault them ; the very faith of christ then teacheth them no other lesson but this : he that leadeth into captivitie shall goe in o captitivitie , and he that killeth with the sword must be killed with the sword : and in such a case , god saith , psal . . . . . . let a two edged sword be in their hands , to execute vengeance upon the heathen , and punishment upon the people : to bi●de their kings with chains and their nobles with fetters of iron ; to execute upon them the judg●ment written : this honour ( this priviledge in such cases ) have all the saints , praise ye the lord. and very good reason is there for it . for as nature it selfe hath instructed lyons , beares , wolves , boares , stagges , backes , and most other beasts , not onely to defend themselves against the violence of one another , but even of men their supreame lords , when they assault and hunt them to take away their lives , over which god hath given men a lawfull power : much more then may men by natures dictate , defend their persons , lives against the unlawfull violence of their kings or armies ( over which god hath given them no power at all but in a legall way of justice for capitall offences ) when they assault or make warre upon them to destroy them . not to trouble you with histories of stagges and other beasts which have killed men that chased them , in their owne defence , of which there are infinite examples in the * roman and spanish histories , in those amphithreatricall sports and spectacles wherein men encountred and fought with lyons , tygers . beares , buls and other savage beasts ; i shall onely recite some few examples even of kings themselves , who have beene slaine and devoured by such beasts as they have chased : * mada● king of britain ( as polycronicon , fabien , grafton and others record ) being in his disport of hunting , was slain of the wilde beasts he pursued , when he had reigned . yeares : so was his sonne king memphis slaine and destroyed in hunting in the same manner . merindus king of brittaine , was devoured by a sea monster which he encountered : and * basilius the emperour of constantinople hunting a stag , of an extraordinary greatnesse , and thinking to cut off his necke with his sword ; the stagge ran fiercely at him , gored him with his hornes on which he tossed him , bruised his entralls , whereof he dyed some few dayes after , and had beene slaine immediately , on the beasts hornes , had not one there present drawne his sword and cut off his girdle , by which he hung on the hornes , to whom he gave a very ill requitall for this loyall service : other stories of kings sla●ne by beasts in their owne defence occure in story , and examples of kings slaine by men in and for their preservation , are almost innumerable : that of our king * edmond is observable among others , who as our historians write being at a feast at pulkers church on saint augustines day , espied a theese named leof , whom he had formerly banished , sitting in the hall , whereupon he leapt over the table , assaulted leof , and plucked him by the haire of the head to the ground ; who in his owne defence , wounded the king to death with a knife , hurt many of his servants , and at length was himselfe hewen all in peeces . but that of our king * richard the . is more remarkeable , who being shot in the arme with a barbed arrow by one peter basil , ( or bertram gurdon as others name him ) at the siege of chaluz castle in aquitain which rebelled against him ; the castle being taken , and the king ready to dye of the wound , commanded the person that shot him to be brought into his presence , of whom he demanded , what hurt ●e had done him that provoked him to this mischiefe ? to whom he boldly replyed : thou hast killed my father and my two brothers , with thine own hand ; and now wouldest have slain me : take what revenge thou wilt ; i shall willingly endure what ever torture thou canst inflict upon me , in respect i have slaine thee , who hast done such and so great mischiefe to the world . the king hearing this his magnanimous answer , released him from his bonds , ( though he slew the rest ) and not onely forgave him his death , but commanded an hundred shillings to be given him . if then bruites by the very law of nature have thus defended themselves against kings , who have violently assaulted them , even to the casuall death of the assailants : why men by the selfesame law , may not justly defend themselves against the unjust assailing warres of their princes , and armies , without treason or rebellion , exceeds my shallow understanding to apprehend : and i doubt those very persons who now plead most against it , onely to accomplish their owne pernicious designes , would make no scruple of such a necessary defensive wars and resistances lawfulnesse , were the case but really their own ; and those papists and cavalieers who now take up armes against the parliament , the supreamest lawfull power in the realme , and their owne native country , without checke of conscience , would doubtlesse make no bones at all forcibly to resist or fight against the king himselfe , should he but really joyne with the parliaments army , against them and their designes ; there being never any souldier or polititian , but those onely who were truely sanctified and religious , that made any conscience of fighting against , yea murthering of his naturall king , not onely in a lawfull defensive warre , but in a trayterous and rebellious manner too , if he might thereby advantage or promote his owne particular interests , as is evident by the councell and speech of davids souldiers , and king saul himselfe . sam. . . . . . . . . by the words of abishai , to david , sam. . . . . . by the councell of a●●itophell , which pleased absolon , and all the elders of israel well , sam . . . . and the infinite number of emperours , of kings , which have beene trayterously , and rebelliously slaine , without any just occasion by their own souldiers , and that in a meere offensive , not defensive way ; above halfe the roman , grecian , and german emperours dying of such assassinations , or poysonings , very few of them of meere naturall deathes , as the histories of their lives declare . eightly , it is in a manner agreed by y historians , polititians , and divines , that if a king will desert the defence and protection of his people in times of warre and danger , and neither ayde nor protect them against their enemies according to his oath and duty , they may in such a case of extremity , for their owne necessary defence and preservation , desert him , who deserteth them , and elect another king , who can and will protect them from utter ruin . vpon this very ground the z brittons of this nation after many hundred yeares subjection to the roman emperors , rejected their yoake and government , when they refused and neglected to defend them against the barbarous picts and others , who invaded them , when they had oft craved their assistance ; electing them other patriots : so the a spaniards being deserted by the roman emperors and left as a prey to their enemies , abandoned their government , and elected them kings of their owne to protect them , which they justified to be lawfull for them to doe . and in like manner the romans and italians being forsaken of the emperour constantine , when they were invaded by b aistulfus king of the lumbards ; elected charles the great for their emperour , and created a new empire in the west , distinct from that of constantinople in the east , which bishop bilson himselfe concludes they might lawfully doe , in point of conscience . so c childerick being unfit to governe , and unable to repulse the enemies of the french which invaded his territories ; thereupon by the advise of pope zachary , and of a whole synod and parliament in france , they deposed childericke , and elected pipin for their king , who was both able and willing to protect them ; vpon this very ground the d emperours charles the third , and wenceslius were deposed , as being unable and unfit to defend and governe the empire , and others elected emperors in their steeds , thus * mahomet the blinde , king of granado , was in the yeare . deposed by his owne brother , nobles , and subjects , who were discontented to be governed by a blinde king , who could not lead them to the warres in person . and * ethodius the d king of scotland , being dull of wit , given to avarice , and nothing meete to governe the realme ; thereupon the nobles tooke upon them the governmēt , appointing rulers in every province , & so continued them all his reigne , leaving him nothing but the bare title of a king , ( not depriving him thereof , out of the respect they gave to the family of fergusius ) but yet taking away all his regall power . and not to multiply cases or examples of this nature : e andrew favine in his theatre of honour , out of the chronicle of laureshe●m and aimonius in his th booke of the history of france , relates a notable resolution given by the parliament & estates of france in this very point . in the yeare . lewes the debonnaire king of france holding his parliament in may ; there came thither from strange provinces two brethren , kings of vuilses , who with frank & free good will submitted themselves to the judgement of the said parliament , to which of them the kingdome should belong . the elder of these two brethren was named meligastus , and the younger celeadraus , now albeit the custome of the said kingdome , adjudged the crowne to the eldest , according to the right of primegeniture , allowed and practised by the law of nature , and of later memory , in the person of the last dead king liubus , father to the two contendants ; yet notwithstanding in regard that the subjects by universall consent of the kingdome , had rejected the elder brother for his cowardise and evill government ( cum secundam ritum ejus gentis commissum sibi regnum parum digne administraret ) and had given the crown to the younger brother for his valovr & discreete carrige ; after full hearing of both parties , by sentence of parliament , the kingdome was adjudged to the younger brother , ( stat●it ut junior frater delatam sibi à populo suo pot flatem haberet , &c ) and thereupon the eldest did him homage , with oath of alleigance in the said parliament , and submitted to this sentence . and upon this very ground in f some of our ancient british and saxons kings reignes when the right heire to the crowne was an infant , unable to defend his kingdome and people against invading enemies , the crowne hath commonly descended to the vncle or next heire of full age , who was able to protect them and repulse their enemies , till the right heire accomplished his compleat age , as i have elsewhere manifested . if then a kingdome by generall consent ; may elect a new king to defend and preserve it , in case of invasion and eminent danger of ruine by forraigne enemies , when their present king either cannot , or will not doe his duty in protecting them from their enemies , and exposeth them for a prey to their devastations , as these examples and authorities conclude they may , though i will not positively determine so . then certainely by equall , semblable and greater reason , subjects may lawfully take up necessary defensive armes against their kings , when they shall not onely desert , but actually invade and wage warre against them , destroy and wast them in an open hostile manner , and handle them as cruelly as the worst of enemies : such a wilfull unnaturall hostile invasion , being farre worse than any cowardly or bare desertion of thē when they are invaded by a forraign enemy . and if kings in case of sottishnesse or lunacy may be lawfully deposed from their kingdomes by common consent of their realmes , when they are altogether unfit or unable to governe , as b●shop bilson asserts , and i have manifested else where : then much more may they be lawfully resisted by force without guilt of treason or rebellion , when they wilfully and maliciously , contrary to their oath and duty , cast off their royall governments , the protection of their subjects , and wage open warre against them , to enslave or ruine them . if a father shall violently and unjustly assault his sonne , a husband his wife , a master his servant , a major or other inferior officer , a citizen to murther , maime , or ruine them ; they may in such a case by g the law of nature , god man , resist , repulse them in their owne defence without any crime at all , as dayly practise experimentally manifests ; yea they may sweare the peace against them , and have a writ h de securitate pacis in such cases . therefore by the selfesame reason they may resist the king and his army in like cases ; there being no more humane nor divine law against resistance in the one case , than in the other . finally , it is the resolution of i john bodin and others , who deny the lawfulnesse of subjects taking up armes against their soveraigne prince , or offering violence to his person , though he become a tyrant : that if a soveraigne prince or king by lawfull election or succession turne a tyrant , he may lawfully ( at his subjects request ) be invaded resisted , condemned or slaine by a forraigne prince . for as of all noble acts , none is more honourable or glorious , then by way of fact to defend the honour , goods , and l●ves of such as are unjustly oppressed by the power of the more mighty , especially the gate of iustice being shut against them : thus did moses seeing his brother the israelite beaten and wronged by the egyptian , and no meanes to have redresse of his wrongs : so it is a most faire and magnificall thing for a prince to take up armes to releive a whole nation and people , unjustly oppressed by the cruelty of a tyrant : as did the great hercu'es who travelling over a great part of the world with wonderfull power and valour destroyed many most horrible monsters , that is to say , tyrants ; and so delivered people , for which he was numbred among the gods , his posterity for many worlds of yeares after , holding most great kingdomes . and other imitators of his vertue as dio , timoilion , aratus , harmodius , aristogiton , with other such honourable princes , bearing titles of chastisers , and correctors of tyrants , and for that onely cause tamerlain emperour of the tartars , denounced warre unto * bajazet king of the turkes , who then besieged constantinople , saying , that he was comming to chastise his tyrannie , and to deliver the afflicted people ; and vanquishing him in battle , routed his army , and taking the tyrant prisoner , he kept him in chains in an iron cage till he dyed . neither in this case is it materiall that such a vertuous prince being a stranger , proceede against a tyrant by open force , or fiercenesse , or else by way of justice . true it is that a valient and worthy prince , having the tyrant in his power , shall gaine more honour by bringing him unto his tryall , to chastise him as a murtherer a manqueller , and a robber ; rather than to use the law of armes against him . wherefore let us resolve on this , that it is lawfull for any stranger ( prince ) to kill a tyrant , that is to say , a man of all men infamed , and notorious for the oppression , murder , and slaughter of his subjects and people . and in this sort , our * queene elizabeth ayded the low-countries against the tyrannie and oppressions of the king of spaine : and the king of sweden of late yeares the princes of germany against the tyranny and usurpations of the emperor , upon their sollicitation , if then , it be thus lawfull for subjects to call in forraigne princes to releeve them against the tyrannie and oppressions of their kings ( as the barons in * king iohns time prayed in ayde from philip and lewis of france against his tyrannie ) and those princes in such cases , may justly kill , depose , or judicially condemne these oppressing kings and put them to death . i conceive these whole kingdomes and parliaments may with farre better reason , lesse danger , and greater safety to themselvs , their kings and realmes take up defensive armes of their owne to repulse their violence . for if they may lawfully helpe themselves and vindicate their liberties from their kings encroachments by the assistance and armes of forraigne princes who have no relation to them , nor particular interest in the differences betweene their kings and them , which can hardly be effected without subjecting themselves to a forraigne power ; the death or deposition of the oppressing king : much more may they defend and releeve themselves against him by their owne domesticke forces , if they be able , by generall consent of the realme ; because they have a particular interest and ingagement to defend their owne persons , estates , liberties , which forraigners want ; and by such domesticke forces may prevent a forraigne subjection , preserve the life of the oppressing prince , and succession of the crowne in the hereditary line ; which * forraigne armies most commonly endanger . and certainely it is all one in point of reason , state , law , conscience , for subjects to relieve themselves , and make a defensive warre against their soveraigne by forraigne princes armes , as by their owne : and if the first be just and lawfull , as all men generally grant without contradiction ; and bracton to l. . c. . i see no colour but the latter must bee just and lawfull too , yea then the first rather , because lesse dangerous , lesse inconvenient to king and kingdome . from reasons , i shall next proceed to punctuall authorities . not to mention our ancient h brittons taking up of armes by joint consent , against their oppressing , tyrannizing kings a●chigallo , emerian , and vortigern , whom they both expelled and deposed , for their tyranny and mis-government ; nor our saxons ray sing defensive forces against king sigebert , osfred , ethelred , beornard , coolwulfe and edwyn , who were forcibly expelled , and deprived by their subjects for their bloody cruelties and oppressions ; which actions the whole kingdome then , and those historians who recorded them since , reputed just and honourable , and no treason nor rebellion in law or conscience , being for the kingdomes necessary preservation , and the peoples just defence ; which histories i have elsewhere more largely related . nor yet to insist long on the fore-mentioned barons warre , against king iohn , and henry the d. for regaining , establishing , preserving magna cha●ta , and other liberties of the realme , which our kings had almost utterly deprived them off ; i shall onely give you some few briefe observations touching these warres , to cleare them from those blacke aspersions of rebellion , treason , and the like , which some late historians ( especially iohn speed ) to flatter those kings to whom they dedicated their histories , have cast upon them , contrary to the judgement of our ancienter choniclers , and matthew paris ; who generally repute them lawfull and honourable . first then consider , what opinion the prelates , barons , and kingdome in generall , had of these warres at first , l anno . in a parliament held at pauls the . yeare of king iohns raigne , steven langton archbishop of canterbury , produced a charter of king henry the first , whereby he granted the ancient liberties of the kingdome of england ( which had by his predecessors beene oppressed with unjust exactions , according to the lawes of king edward , with those emendations , which his father , by the counsell of his barons , did ratifie : which charter being read before the barons , they much rejoyced ; and swore in the presence of the archbishop ; that for these liberties they would , if need required , spend their blood : which being openly done in parliament , they would never have taken such a publike solemne oath , had they deemed a warre against the king , for recovery , or defence of these their liberties unlawfull , and no lesse then treason and rebellion in point of law or conscience . after this the barons assembling at saint edmond●bury , conferred about the said charter , and swore upon the high altar , that if king iohn refused to confirme and restore unto them those liberties ( the rights of the kingdome ) they would make warre upon him , and withdraw themselves from his allegiance , untill he had ratified them all w●th his charter under his great seale . and further agreed , after christmas to petition him for the same , and in the meane time to provide themselves of horse and furniture to be ready , if the king should start from his oath made at winchester , at the time of his absolution , for confirmation of these liberties , and compell him to satisfie their demand . after christmas they repaire in a military manner to the king , lying in the new temple , urging their desires with great vehemencie : the king seeing their resolution and inclination to warre , made answer , that for the matter they required , he would take consideration till after easter next , in the meane time , he tooke upon him the crosse , rather through feare , then devotion , supposing himselfe to bee more safe under that protection : and to shew his desperate malice and wilfulnesse ( who rather then not to have an absolute domination over his people , to doe what he listed , would be any thing himselfe under any other that would but support him in his violences ) he sent an embassage ( the most base and impious that ever yet was sent by any free and christian prince ) unto miramumalim the moore , intituled the great king of affrica , morocco , and spaine ; wherein he offered to render unto him his kingdome , and to hold the same by tribute from him as his soveraigne lord ; to forgoe the christian faith , as vaine , and to receive that of mahomet , imploying thomas hardington and ralph fitz-nicholas , knights , and robert of london clerke , commissioners in this negotiation ; whose manner of accesse to this great king , with the delivery of their message , and king johns charter to that effect , are at large recited in mathew paris , who heard the whole relation from robert one of the commissioners , miramumalim having heard at large their message , and the description of the king and kingdome , ( governed by an annointed and crowned king , knowne of old to be free and ingenuous ; ad nullius , praeterquam dei spectans dominationem ) with the nature and disposition of the people , so much disdained the basenesse and impiety of the offerer , that fetching a deepe sigh from his heart , he answered , i have never read nor heard , of any king possessing so prosperous a kingdome , subject and obedient to him , who would thus willingly ruine his principality , as of free to make it tributary , of his owne to make it anothers , of happy to make it miserable , and to submit himself to anothers pleasure , as one conquered without a wound . but i have heard and read of many , who with effusion and losse of much blood ( which was laudable ) have procured liberty to themselves ; modo autem audio , quod dominus vester miser , deses & imbellis , qui nullo nullior est , de libero servus fieri desiderat , qui omnium mortalium miserrimus est . after which he said ; that the king was unworthy of his confederacie ; and looking on the two knights with a sterne countenance , he commanded them to depart instantly out of his presence , and to see his face no more ; whereupon they departing with shame ; hee charged robert the clerke , to informe him truely what manner of person king iohn was : who replied , that he was rather a tyrant then a king ; rather a subverter then a governour ; a subverter of his owne subjects , and a fosterer of strangers ; a lyon to his owne subjects , a lambe to aliens and rebels ; who by his sloathfulnesse had lost the dutchy of normandy , and many other lands , and moreover thirsted to lose and destroy the kingdome of england : an unsatiable extortioner of money ; an invader and destroyer of the possessions of his naturall people , &c. when miramumalim heard this , he not onely despised , as at first , but detested and accursed him , and said : why doe the miserable english permit such a one to raigne and domineer over them ? truely , they are effeminate and flavish : to which robert answered : the english are the most patient of all men , untill they are offended and damnified beyond measure . but now they are angry , like a lion or elephant , when he perceives himselfe hurt or bloody ; and though late , they purpose and endeavour to shake the yoake of the oppressor from their necks which lie under it : whereupon he reprehended the overmuch patience and fearefulnesse of the english ; and dismissed these messengers ; who returning , and relating his answer to king iohn , he was exceeding sorrowfull , and in much bitternesse of spirit , that he was thus contemned and disapointed of his purpose . yet persisting in his pre-conceived wicked designe to ruine his kingdome and people , and hating all the nobility and gentry of england , with a viperous venom , he sets upon another course ; and knowing * pope jnnocent to be the most ambitious , proud , and covetous of all men , who by gifts and promises would be wrought upon , to act any wickednesse : thereupon he hastily dispatcheth messengers to him with great summes of money , and a re-assurance of his tributary subjection , ( which shortly after he confirmed by a new oath and charter , ) to procure him to excommunicate the archbishop of canterbury , and the barons , whom he had formerly favoured ; which things he greedily desired , that he might wrecke has malice an them by dis inheriting , imprisoning , and spoiling them being excommunicated : which things when he had wickedly plotted , he more wickedly executed afterwards . in the meane time , the barons foreseeing that nothing was to be obtained but by strong hand , assemble an army at stamford , wherein were said to be two thousand knights , besides esquires , and marched from thence towards oxford , where the king expected their comming to answer their demands . and being come to brackley with their army , the king sends the earle of pembroke mariscall , and the archbishop of canterbury , with others , to demand of them , what were those lawes and liberties they required ? to whom they shewed a schedule of them , which the commissioners delivered to the king : who having heard them read , in great indignation asked ; why the barons did not likewise demand the kingdome ? and swore he would never grant those articles , whereby himselfe should be made a servant . so harsh a thing is it to a power , that is once gotten out into the wide libertie of his will , to heare againe of any reducing within his circle . vpon this answer , the barons resolve to seize the kings castles ; constitute robert fitz-walter their generall , entituling him , mariscall of the army of god , and of holy chvrch : a title they would never have given their generall , or army , had they deemed this warre unlawfull in law or conscience . after which they tooke divers of the kings castles and are admitted into london ; where their number daily increasing , they make this protestation ; never to give over the prosecution of their desire , till they had constrained the king ( whom they held perjured ) to grant them their rights . which questionlesse , they would not have done , had they not beleeved this warre to be just and lawfull . king iohn seeing himselfe in a manner generally forsaken of all his people , and nobles , having scarce . knights faithfull to him ( another strong argument , that the people and kingdome generally apprehended , this taking up armes against the king to regaine , to preserve their hereditary rights and liberties , to be lawfull ) counterfeits the seales of the bishops , and writes in their names to all nations , that the english were all apostates , and whosoever would come to invade them , hee , by the popes consent , would conferre upon them all their lands and possossions . but this device working no effect , in regard they gave no credit to it , and found it apparently false ; the king seeing himselfe deserted of all , and that those of the barons part were innumerable , ( cum tota angliae nobilitas in unum collecta , quasi sub numero non cadebat , writes mathew paris , another argument of the justice of this cause and warre , in their beliefes and consciences ; at last condescended to grant and confirme their liberties , which he did at running-meade , in such sort as i have formerly related . and though the pope afterwards for his owne private ends and interest , ( bribed by king iohn , who resigned his kingdome to him , and became his vassall , without his peoples consent , which resignation was judged voide , ) excommunicated the barons withall their assistance ; qui ioha●nem illustrum regim anglorum cruce signatum , et vasallvm romanae ecclesiae ( an honourable title indeed for a king ) pers quuntur , molientes ei regnum auferre ( which this pope him selfe did but few yeares before , giving his crown and kingdome it selfe to king phillip of france , which to save , he sordidly resigned up to the pope ) quod ad romanam ecclesiam dignoscitur pertinere . yet this excommunication thus procured by bribery , proceeding not out of conscience to preserve the kings due rights , but selfe-respects to support the popes usurped interest and title to the realme ; and being a wicked plot of the king , more wickedly executed by the pope , ( who as matthew paris writes , was ad omnia scelera pro praemijs datis vel promissis cercus & proclivis ) and the londoners , barons , with divers prelates then contemning it , as pronounced upon false suggestions , and especially for this cause , that the ordering of temporall affaires belonged not to the pope , cum petro apostolo & ejus successoribus non nisi ecclesiasticarum dispositio rerum a domino sit collata potestas . and using likewise these memorable speeches in those blind daies against the pope and his usurped supremacy , with liberty . vt quid ad nos se extendit romanorum insatiata cupiditas ? quid episcopis apostolicis & militiae nostrae ? ecce successores constantini & non petri , non imitantur petrum in meritis , vel operibus ; nec assimulandi sunt in potestate . prob pudor , marcidi ribaldi , qui de armis vel literalitate minime norunt , jam toti mundo propter excom nunicationes suas volunt dominari ; ignobiles usurarij & simoniales . o quantum dissimules petro , qui sibi petri usurpant partem ? &c. i conceive this excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes , and the warre insuing it being but for their owne just defence , when the king afterwards with fire , sword , and bloody barbarous forraigne forces wasted his realme in a most inhumane , tyrannicall maner , factus de rege tyrannus ; imo in bestialem prorumpens feritatem , &c. which necessitated the barons for their own preservation and the kingdoms ( devoted by this unnaturall prince to vassallage and utter desolation ) to elect lewis of france for their king : who , together with the peeres and estates of france , assembled at lions concerning this election ; resolved it to be just and lawfull , and the barons defensive warres against , and rejection of king iohn for his tyranny and oppressions , to be just and honourable , since they did but flee to these extraordinary remedies , and seeke for justice abroad , when they were denied it by him that should give it them in as ordinary way at home , chosing a king , in place of a tyrant , as m matthew paris , with the n generall history of france ( written by iohn de serres , and englished by edward grimston ) more largely manifest . secondly , the lawfulnesse and justnesse of the barons warres in defence of magna charta , with other their hereditary rights and liberties , appeares most evidently , by the resolution of all those parliaments summoned by king. henry the d. edward the . . richard the d. and other our succeeding kings ; which have many times , even by force of armes , or menaces ; and sometimes by faire termes , caused these kings by new acts of parliament to ratifie magnae charta , the charter of the forest , with other fundamentall liberties , thus forcibly extorted from king iohn at first ; and constrained them to confirme him with their oathes and solemne publicke p excommunications , to be published by the bishops in their dio●esse twice every yeare : oft solemnly vowing , and protesting , both in and out of parliament , to defend these lawes and liberties , with their estates , armes , lives , blood ; which their ancasters had purchased with their blood ; as i have manifested in the two first parts of this discourse : all which they would no doubt have forborne , had they deemed it high treason or rebellion in point of law , to take up armes against their kings in defence or these lawes and privileges ; neither would our kings and parliaments in times of peace , have so frequently confirmed these lawes and immunities , as just and necessary for the peoples welfare , had they reputed their former purchases and confirmations by warre and armes , no lesse then treason , or rebellion . and if it were neither treason nor rebellion in the judgements of our ancestors and those parliaments which procured , and ratified magna charta , to take up armes in defence thereof ; much lesse can it be treason or rebellion in the parliament and subjects now ( by votes , by ordinances of both houses ) with force of armes to preserve , not only these their hereditarie charters , lawes , priviledges , but their very lives , estates ; yea , the privileges and being of parliaments themselves , which are now invaded , endangered . what opinion the world had of the lawfulnesse of most of the barons warres in king henry the d. his raigne , against this troublesome persidious king , in defence of their lawes , liberties , estates , appeares first , by the dialogue betweene agnellus , a frier minorite , one of king henry his counsell , ( purposely sent to the earle marshall , then in armes against the king ) and this martiall earle , in the abbey of morgan . anno . i will first relate the true state of that warre , and then their dialogue concerning it : q king henry by the ill counsell of peter bishop of winchester , removed all his english officers , counsellors , and servants from his court , and put poictovines , and forraigners in their places , being ruled wholly by them ; withall he puts the english garisons out of all his castles , and substitutes forraigners in them , which dayly arived both with horse and armes in great multitudes , and much oppressed the people , calling them traitors ; so that the power and wealth of the realme was wholly under their command . the earle marshall seeing the noble and ignoble thus oppressed , and the rights of the kingdome like utterly to be lost ; provoked with a zeale of iustice , associating to himselfe other noble men , goes boldly to the king , reproves him in the hearing of many , for calling in those poictovines , by evill counsell , to the oppression of the kingdome , and of his naturall subjects , and likewise of lawes and liberties ; humbly beseeching him , hastily to correct these excesses , which threatned the imminent subversion both of his crowne and kingdome , which if he refused to doe , he and the other nobles of the realme , would withdraw themselves from his counsell , as long as he harboured those strangers . to which peter of winchester replyed : that the king might lawfully call in what strangers be would , for the defence of his kingdome and crowne , and likwise so many , and such , as might compell his proud and rebellious subjects to due obedience . whereupon the earle marshall and other nobles , departing discontented from the court , when they could get no other answer , promised firmely one to another ; that for this cause which concerned them all , they would manfully fight , even to the separation of soule and body . after which , they seeing more strangers arrive with horse and armes every day , sent word to the king ; that hee should foorthwith remove bishop peter , and all his strangers from his court , which if he refused , they all would by the common consent of the whole realm drive him , with his wicked counsellours , out of the realme , and consult of chusing them a new king. after these , and some other like passages , the king raysing an army , besiegeth one of the earles castles ; and not being able to winne it , and ashamed to raise his seige without gaining it , he sent certaine bishops to the earle , and requested him ; that since he had besieged his castle , and hee could not with honour depart without winning it , which he could not doe by force , that the earle to save his honour would cause it to be surrended to him , upon this condition , that hee would restore it certainely to him within . dayes , and that by advise of the bishops he would amend all things amisse in his kingdome ; for performance of which the bishops became his pledges , and the king appointed a meeting at westminster , on a set day betweene him and the lords : whereupon the earle surrendred the castle to the king , upon oath made by the bishops that it should be restored at the day . but the king refusing to deliver the earle the castle , according to promise , and threatning to subdue his other castles ; the earle hereupon raiseth his forces , winnes his castle againe , routs divers of the kings forraigne forces , at gorsemond , monmouth , and other places ; and invaded the lands of his enemies . vpon this occasion , frier agnellus ( or lambe ) acquaints the earle , what the king , together with his counsell and court , thought of his proceedings ; to wit , that the king said , he had proceeded over traiterously , and unjustly against him , yet he was willing to receive him into favour , if he would wholly submit himselfe to his mercy ; and that others held it not just , safe , and profitable for him to doe it ; because he had done wrong to the king , in that before the king had invaded his lands or person , he invaded and destroyed the kings lands , and slew his men ; and if he should say , he did this in defence of his body and inheritance ; they answered , no , because there was never any plot against either of them ; and that were it true , yet he ought not thus to breake forth against the king his lord , untill hee had certaine knowledge , that the king had such intensions against him : et ex tvnc liceret talia attemptare ; and from thenceforth he might lawfully attempt such things , ( by the courtiers and friers owne confessions : ) vpon which the marshiall said to frier lambe : to the first they say , that i ought to submit my selfe , because i have invaded the king : it is not true , because the king himselfe , ( though i have beene ever ready to stand to the law and judgement of my peeres in his court , and have oft times requested it by many messengers betweene us , which he alwaies denied to grant ) violently entred my land , and invaded it against all justice : whom hoping in humility to please , i freely entred into a forme of peace with him , which was very prejudiciall to me : wherein he granted , that if on his part all things were not punctually performed toward me , i should be in my pristine state before that peace conclnded ; namely , that i should be without this homage , and absolved from my allegiance to him , as i was at first by the bishop of saint davids ; seeing then hee hath violated all the articles of the peace , it was lawfvll for me , according to my agreement , to recover what was mine owne ; and to debilitate his power by all meanes ; especially seeing he endeavoured my destruction , dis-inheritance , and seizing of my body , of which i have certaine intelligence , and am able to prove it if neede be . and which is more , after the daies truce , before i entred wales , or made any defence , he deprived me of the office of marshall , without judgement , which belongs to me , and i have enjoyed by inheritance , neither would he by any meanes restore mee to it , though required . whence i have plainely learned , that he will keepe no peace with me , seeing since the peace hee handles me worse then before . whereby i ceased to bee his subject , and was absolved from his homage by him . wherefore it was , and is lawfull for me to defend my selfe , and to withstand the malice of his counsellors by all meanes . and whereas the kings counsellors say , it is profitable for me to submit to the kings mercy , because he is more rich and powerfull then i am . it is true , the king is richer and more potent then i , but yet he is not more powerfull then god , who is iustice it selfe , in whom i trust , in the confirmation and prosecution of my right , and of the kingdomes . and whereas they say , the king can bring in strangers of his kinred , who are neither scots , nor french , nor welsh , who shall make all his foes his foot-stoole , and come in such multitudes , as they shall cover the face of the earth , and that he can raise seven men to my one : i neither trust in strangers , nor desire their confederaciei nor will i invoke their aide , vnlesse , which god forbid , inopinata & immutabilis , fuero compulsus necessitate ; i shall be compelied by a sudden and immutable necessity ; and i beleeve by his counsells ill advise he will quickly bring in such multitudes of strangers , that he will not be able to free the kingdome of them againe ; for i have learned from credible men , that the bishop of winchester is bound to the emperour , that he will make the kingdome of england subject to him ; which god in his providence avert . and whereas they say , that i may confide in the king and his counsell , because the king is mercifull , credible , &c. it may well be that the king is mercifull ; but he is seduced be the counsell of those , by whom we feele our selves much hurt ; and he is noble and credible ( whom god long preserve so ) as much as in him lies ; but as for his counsell , i say , that no one promise made to me , was ever yet kept , and they have violated many corporall oathes made to me , and the oathes they tooke for observing magna charta , for which they remaine excommunicate and perjured . yea , they are enjured concerning the faithfull counsell which they have sworne to give to our lord the king , when as they have wilfully given him the counsell of achitophel , against justice ; and corrupted the just lawes they have sworne to keepe , and introduced unusuall ones : for which , and for many other things , for which neither god nor man ought to trust them , or their complices , are they not every one excommunicated ? rumor de veteri faciet ventura timeri : cras poterunt fieri turtia sicut heri . falix quem faciunt aliena pericula cautum . whereas the said counsellors of the king say , that i invaded the kings body at gorsmund castle , before the king had entred my land ; and so i did injurie to the king , for which i ought to implore his mercie , least others should take example thence to raise up armes against the king. i answer , that i was not there in person ; and if any of my family were thereby chance , they invaded onely the family of the king , not the person of the king : which yet if they had done , it were no wonder , seeing the king came with his army into my land , that he might invade me , and oppresse me by all the meanes he could , which may appeare to all by the tenor of his letters , by which hee made a generall assembly throughout england against my army . and since the premises objected against mee are false , and it is true , that the king hath treated me worse since the time i expected his mercy , then any time before , and doth yet use the same counsell as then ; and since he endeavours precisely to follow their counsels in all things , by whose advise i suffer all the premised grievances ; i ought not to prostitute my selfe to his mercy . neither would this be for the kings honour , that i should consent unto his will , which is not grounded upon reason . yea , i should doe an injury to him , and to iustice , which he ought to use towards his subjects , and to maintaine . and i should give an ill example to all , by deserting iustice , and the prosecution of right , for an erronious will against all iustice , and the injury of the subjects : for by this it would appeare , that we loved our worldly possessions , more then iustice it selfe . and whereas the kings counsellours object , that wee have combined with the kings capitall enemies , namely , the french , scots , welsh , out of hatred and dammage to king and kingdome : that of the french is altogether false , and that of the scots and welsh too ; excepting the king of scots , and leoline prince of northwales ; who were not the kings enemies , but faithfull friends , untill by injuries offered them by the king and his counsell , they were by coertion against their wills , alienated from their fidelitie , as i am . and for this cause i am confederated with them , that we may the better being united , then separated , regaine and defend our rights , of which we are unjustly deprived , and in a great part spoiled . whereas the kings counsell propose , that i ought not to confide in my confederates , because the king , without any great hurt to his land , can easily separate them from my friendship : of this i make no great doubt , but by this the iniquity of his counsellors doth most of all appeare : that in some sort they would cause the king to sustaine losse , by those whom he specially calls , capitall enemies , to injure mee who have alwaies beene his faithfull subject , whiles i remained with him , and yet would be so , if he would restore to me and my friends our right . whereas the said counsellors say , that the pope and church of rome , doe specially love the king and kingdome , and will excommunicate all his adversaries , which thing is even at the dores , because they have already sent for a legate : it pleaseth mee well , said the marshall ; because the more they love the king and kingdome , by so much the more will they desire that the king should treat his realme and subjects , according to justice : and i am well pleased they should excommunicate the adversaries of the kingdome , because they are those who give counsell against iustice , whom workes will manifest ; because iustice and peace have kissed each other ; and because of this , where iustice is corrupted , peace is likewise violated . also i am pleased that a legate is comming , because the more discreet men shall heare our justice , by so much the more vilely shall the adversaries of iustice be confounded . in which notable discourse we see the lawfullnesse of a necessary defensive warre yeelded and justified both by the king , his counsell , and the earle marshall , as well against the king himselfe , if he invade his subjects first , as any of his forces who assist him . after which the marshall slew many of his enemies by an ambuscado , while they thought to surprise him , and wasted and spoiled their goods , houses , lands ; observing this generall laudable rule which they made , to doe no hurt , nor ill to any one , but to the kings evill counsellors by whom they were banished , whose goods , houses , woods , orchards , they spoiled , burnt , and rooted up . the king remaining at glocester , heard of these proceedings of the marshall , but his forces being too weake , he durst not encounter him , but retired to winchester with bishop peter , confounded with over much shame , leaving that country to be wasted by his adversaries ; where innumerable carcases of those there slaine lay naked and unburied in the wayes , being food to the beasts and birds of prey : a sad spectacle to passengers , which so corrupted the ayre , that it infected and killed many who were healthy . yet the kings heart was so hardned , by the wicked councell he followed , against the marshall , that the bishops admonishing him to make peace with him , who fovght for ivstise : he answered , that he would never make peace with him , unlesse comming with an halter about his necke and acknowledging himselfe to be a traytor , he would implore his mercy . the marshall both in england and ireland ; professed that he was no traytor ; that his warre being but defensive , was just ; immutabiliter affirmant , quod li●uit sibi de jure quod suum crat repetere , & posse regis & consiliorum suorum , modis omnibus quibus poterat , infirmare . r william rishanger in his continuation of matthew paris , speaking of the death of simon monfort earle of leycester , slaine in the battle of ev●sham , the greatest pillar of the barrons warres ; useth this expression . thus this magnificent earle symon , ended his labors , who not onely bestowed his estate but his person also , for releiefe of the oppression of the poore ; for the asserting of iustice , and the right of the realme : he was commendably skilfull in learning , a dayly frequenter of divine offices , constant in word , severe in countenance , most confiding in the prayers of religious persons , alwayes very respectfull to ecclesiasticall persons . he earnestly adheared to robert grosthead bishop of lincolne , and committed his children to his education . by his advise he handled difficult things , attempted doubtfull things , concluded things begun , specially such things whereby he thought he might gaine desert . which bishop was said to have enjoyned him , as he would obtaine remission of his sinnes , that he should undertake this cause for which he contended even unto death , affirming , that the peace of the church of england could never be established , but by them materiall sword ; and constantly averring ; that all who died for it were crowned with martyrdome . some say that this bishop on a time , laying his hand on the head of the earles eldest sonne , said unto him . o most deare sonne , thou and thy father shall both dye on one day , and with one hand of death ; yet for justice and trvth . fame reports that symon after his death grew famous by many miracles , which for feare of the king came not in publicke . thus this historian , thus robert grosthead the most devout and learned bishop of that age , ( who most of any opposed the popes vsurpations and exactions ) determine of the justice and lawfulnesse of the barons warres ; walter bishop of worcester concurring in the same opinion with grosthead . the same ſ author rishanger records ; that the earle of glocester , a great stickler in these warres against the king , with whom at last he accorded ; signified to the king by his letters patents under his seale , that he would never beare armes against the king his lord , nor against his sonne prince edward , nisi defendo ; but onely in his defence : which the king and prince accepting of , clearely proves ; that defensive armes against king or prince were in that age generally reputed lawfull , by king prince , prelates , nobles , people . i may likewise adde to this what i read in t matthew westminster , that richard bishop of chichester the day before the battle of lewis against king henry and his sonne ( who were taken prisoners in it by the barons and . of their souldiers slaine ; ) absolved all that went to fight against the king their lord from all their sinnes . such confidence had he of the goodnesse of the cause and justnesse of the warre . in one word , the u oath of association prescribed by the barons to the king of romans , brother to king henry the third , in the . yeare of his raigne ; heare all men , that i richard earle of cornewall , doe here sweare upon the holy evangelists , that i shall be faithfull , and diligent to reforme with you the kingdome of england , hitherto by the councell of wicked persons overmuch disordered : and be an effectuall co●djutor to expell the rebells , and disturbers of the same . and this oath i will inviolaby observe , under pa●ne of losing all the lands i have in england : so helpe me god. which oath all the barrons and their associates tooke , ( by vertue whereof they tooke up armes against the kings ill councellors , and himselfe when he joined with them , ) sufficiently demonstrates their publicke opinions and judgements of the lawfulnesse , the justnesse of their warres ; and of all other necessarie defensive armes , taken up by the kingdomes generall assent for preservation of its lawes , liberties , and suppression of those rebels , and ill councellors who fight against , or labour to subvert them by their policies . x in the third yeare of king edward the d , this king revoking his great mynion piers gaveston , newly banished by the parliament into ireland , and admitting him into as great favour as before , contrary to his oath and promise : the barrons hereupon by common consent sent the king word ; that he should banish piers from his company according to his agreement , or else they would certain●ly rise up against him as a perjured person . vpon which the king much terrified suffers piers to abjure the realme ; who returning againe soone after to the court at yorke ; where the king entertained him ; the lords spirituall and temporall , to preserve he liberties of the church and realme , sent an honourable message to the king , to deliver piers into their hands , or banish him , for the preservation of the peace , treasure and weale of the kingdome ; this wilfull king denies their just request ; whereupon the lords thus contemned and deluded , raised an army , and march with all speede towards new-castle , not to offer inivrie or molestation to the king , but to apprehend peirs , and judge him according to law : upon this the king fleeth together with peirs to tinemouth , and from thence to scarborough castle , where piers is forced to render himselfe to the barrons , who at warwicke castle , ( without any legall triall by meere martiall law ) beheaded him , as a subvertor of the lawes , and an open traitor to the kingdome . for which facts this king afterwards reprehending and accusing the lords in parliament , in the th yeare of his raigne ; they stoutly answered , that they had not offended in any one point , bvt deserved his royal favovr , for they had not gathered force against him ( though he were in piers his company , assisted , countenanced , and fled with him ) bvt against the pvblicke enemie of the realme : whereupon there were two acts of oblivion passed by the king , lords and commons assembled in that parliament , ( printed in the y d part of old magna charta : ) the first , that no person ( on the kings part ) should be questioned , molested , impeached , imprisoned , and brought to judgement , for causing pierce to returne from exile , or harboring , councelling or ayding hi●●ere after his returne : the second on the barons part , in these words : it is provided by the king , and by the archbishops , bishops , abbots , priors , earles , bar●s and commons , of the realme , assembled according to our command , and unanimously assented and accorded , that none of what estate or condition soever he be , shall in time to come be appealed or challenged , for the apprehending , deteining , or death of peirsde gaveston , nor shall for the said death be apprehended , nor imprisoned , impeached , molested , nor grieved , nor judgement given against him by us , nor by others at our suite , nor at the suite of any other , either in the kings court or elsewhere . which act the king by his writ , sent to the judges of the kings bench , commanding that this grant and concord shall be firme and stable in all its points , and that every of them should be held , and kept in perpetuitie ; to which end he commands them to cause this act to be there inrolled , and firmely kept for ever . a pregnant evidence that the barons taking up armes then against this traytor and enemie of the realme , in pursuance of the act and sentence of parliament for his banishment , though the king were in his company , and assisted him all he might , was then both by king and parliament , adjudged no treason , nor rebellion at all in point of law , but a just & honorable action : wherefore their taking up armes is not mentioned in this act of oblivion , seeing they all held it just , but their putting piers to death , without legall triall ; which in strictnesse of law , could not be justified . now whether this be not the parliaments and kingdomes present case in point of law ( who tooke up armes principally at first , for defence of their owne priviledges of parliament , and apprehention of delinquents who seducing the king withdrew him from the parliament , and caused him to raise an army to shelter themselves under its power against the parliament ) let every reasonable man determine : and if it be so , we see this ancient act of parliament resolves it , to be no high treason , nor rebellion , nor offence against the king ; but a just , lawfull act , for the kings , the kingdomes honour and safety . not long after this , the two z spensers getting into the kings favour , and seducing , miscouncelling him as much as gaveston did ; the lords and barrons hereupon in the th and th yeares of his raigne , confederated together , to live and dye for justice , and to their power to destroy the traitors of the realme , especially the two spensers : after which they raised an army , whereof they made thomas earle of lancaster generall ; and meeting at sherborne , they plunder and destroy the spensers castles , mannors . houses , friends , servants , and marching to saint albanes with ensignes displayed , sent messengers to the king then at london , admonishing him not onely to rid his court but kingdome , of the traitors to the realme , the spensers ( condemned by the commons in many articles ) to preserve the peace of the realme ; and to grant them and all their followers lette●s pattents of indemnity , for what they had formerly done . which the king at first denied but afterwards this armie marching up to london , where they were received by the city , he yeelded to it , and in the th yeare of his raigne by a speciall act of parliament the said spensers were disinherited and banished the realme ( formis-councelling the king , oppressing the people by injustice , a vising him to levie warre upon his subjects , making evill iudges and other officers to the hurt of the king and kingdome , ●ng●ossing the kings eare , and usurping his royall authority ) as enemies of the king and of his people : and by another act of parliament , it was then provided , that no man should be questioned for any felonies or trespasses committed in the prosecution of hugh ●e de pensers the father and sonne ; which act runnes thus ? whereas of late many great men of the realme surmised to sir hugh le despenser the sonne and father , many misdemeanors by them committed against the estate of our lord the king and of his crowne , and to the disinheritance of the great men and destruction of the people , and pursued those misdemeanors and attainder of them by force , because they could not be attainted by processe of law , because that the said sir hughes had accroached to them the royall power in divers manner : the said grandees having mutually bound themselves by oath in writing , without the advise of our lord the king ; and after in pursuing the said hugh and hugh , and their alies and adherents , the said great men and others , riding with banners displaied , having in them the armes of the king and their owne ; did take and occupie the chattels , villages , mannors ; lands , tenements , goods , and likewise take and imprison some of the kings leige people and others , tooke some and slew others , and did many other things , in destroying the said hugh and hugh , and their alies , and others in england , wales , and in the marches , whereof some things may be said trespasses , and others felonies : and the said hugh and hugh , in the parliament of our lord the king , sommoned at westminster three weekes after the nativitie of saint john baptist the . yeare of his raigne , for the said misdemeanors were fore judged and banished the realme , by a vote of the peeres of the land ; and the foresaid great men in the said parliament , shewed to our lord the king , that the things done in the pursuite of the said hugh and hugh , by reason of such causes of necessity , cannot be legally redressed or punished without causing great trouble , or perchance warre in the land , which shall be worse ; and prayed our lord , that of all alliances , trespasses and felonies they might be for ever acquitted , for the preservation of peace , the avoyding of warre , and asswaging of angers and rancors , and to make unitie in the land ; and that our lord the king may more intirely have the hearts and wills of the great men and of his people , to maintaine and defend his lands , and to make warre upon and grieve his enemies . it is accorded and agreed in the said parliament by our lord the king , and by the prelates , earles , barrons , and commons of the realme there assembled by command of our lord the king , that none of what estate or condition soever he be for alliance , at what time soever made , by deed , oath , writing , or in other manner , nor for the taking , occupying , or detainer of chattels , towns , mannors , lands , tenements , and good taken , imprisoning or ransoming the kings leige people , or of other homicides , robberies , felonies , or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men , their allies , or adherents in the pursuite aforesaid , since the first day of march last past , till the thursday next after the feast of the assumption of our ladie , to wit , the . day of august next ensuing , be appealed , nor challenged , taken nor imprisoned , nor grieved , nor drawne into judgement by the king , nor any other at the suite of any other which shall be in the kings court or in any place else ; but that all such trespasses and felonies shall be discharged by this accord and assent : saving alwaies to all men , but to the said hugh and hugh , action and reason to have and recover their chattels , farmes , mannors , lands , tenements , wards and marriages according to the lawes and customes used in the realme , without punishment against the king , or damages recovered against the party for the time aforesaid . for which end they prescribed likewise a charter of pardon annexed to this act according to the purport of it which every one that would might sue out , which charter you may read in old magna charta . from which act of parliament i shall observe these three things . first , that this their taking up armes to apprehend the spens●rs as enemies to the king and kingdom , and marching with banners displayd , was not then reputed high treason or rebellion against the king , though it were by way of offence , not of defence , and without any authority of parliament : for there is not one word of treason or rebellion in this act , or in the charter of pardon pursuing it : and if it had beene high treason , this act and charters on it extending onely to fellonie and trespasses not to treasons and rebellions , would b not have pardoned these transcendent capitall crimes . secondly , that the unlawfull outrages , robberies , and murders committed by the souldiers on the kings leige people , and not on the two spensers the sole delinquents , were the occasion of this act of oblivion and pardon , not the armed pursuing of them , when they had gotten above the reach of law. thirdly , that though this were an offensive not defensive warre , made without common assent of parliament , and many murthers , robberies , and misdemeanors committed in the prosecution of it upon the kings leige people who were no delinquents ; yet being for the common good to suppresse and banish these ill councellors , enemies , traytors to king and kingdome , the king and parliament thought it such a publicke service as merited a pardon of these misdemeanors in the carriage of it , and acquitted all who were parties to it , from all suites and punishments . all which considered , is a cleare demonstration , that they would have resolved our present defensive warre , by authoritie of both houses , accompanied with no such outrages as these ; for the apprehension of such as have beene voted traytors and delinquents by parliament , and stand out in contempt against its justice , for the defence of the priviledges and members of parliament , the liberties and properties of the subject , the fundamentall lawes of the realme , the protestant religion now indangered by papists up in armes in england and ireland to extirpate it , and the removing ill counsellors from his majestie ; to be no high treason , rebellion or offence at all against the king , but a just and lawful act , the very miscarriages wherof in the generall ( except in such disorderly souldiers for whom martiall law hath provided due punishments ) deserve a publike pardon both from king and kingdome . and to put this out of question ; as no fancie of mine owne , we have an expresse act of parliament , resolving the taking up of armes by the queene , prince , ( both but subjects and capable of high treason in such a case as well as others ) the nobles and people of the realme against these two spensers and other ill counsellors about this king in the last yeare of his raigne , ( though the king himself were in their company , and taken prisoner by the forces raised against them , ) for the necessary preservation , reliefe , and safety of the queene , prince , nobles , kingdome , to be no high treason nor offence at all : namely , the statute of e. . c. . . , which i shall recite at large . whereas hugh spenser the father , and hugh spenser the sonne , late at the suite of thomas then earle of lancaster and leycester , and steward of england , by the common assent and vote of the peers and commons of the realme , and by the assent of king edward father to our soveraigne lord the king , that now is , as traitors & enemies of the king , & of the realme , were exiled , disinherited and banished out of the realme for ever . and afterward the same hugh by evill councell , which the king had about him , without the assent of the peeres and commons of the realme , came againe into the realme : and they with other procured the said king to pursue the said earle of lancaster , and other great men and people of the realme , in which pursuite the said earle of lancaster and other great men and people of the realme , were willingly dead and disinherited , and some outlawed , banished , and disinherited ; and some disinherited and imprisoned , and some ransommed and disherited : and after such mischiefe the said hugh and hugh master robert bald●cke and edm●nd earle of arundell usurped to them the royall power , so that the king nothing did , nor would doe , but as the said hugh and hugh , rob●rt and edmond earle of arundell did councell him , were it never so great wrong : during which usurpation , by duresse and force against the will of the commons , they purchased lands , as well by fines levied in the court of the said edward , as otherwise : and whereas after the death of the said earle of lancaster , and other great men , our soveraigne lord the king that now is , and dame isabel queene of england , his mother , by the kings will and common councell of the realme , went over to france , to treate of peace betweene the two realmes of england and france , upon certaine debates then moved . the said hugh and hugh , robert and edmond earle of arundell continuing in their mischiefe , encouraged the king against our soveraigne lord the king that now is , his sonne , and the said queene his wife , and by royall power which they had to them encroached , as afore is said , procured so much grievance by the assent of the said king edward , to our soveraigne lord the king that now is , and the queene his mother , being in so great jeopardy of themselves in a strange country , and seeing the destruction , dammage , oppressions , and distractions which were notoriously done in the realme of england , upon holy church , prelates , earles barons , and other great men , and the commonalty by the said hugh and hugh , robert and edmond earle of arundell by the encroaching of the said royall power to them , to take as good councell therein as they might . and seeing they might not remedie the same unlesse they came into england , with an army of men of warre ; and by the grace of god with such puissance , and with the helpe of great men and commons of the realme , they have vanquished and destroyed the sayd hugh and hugh , robert and edmond : wherefore our soveraigne lord king edward that now is , at his parliament holden at westmiuster , at the time of his coronation , the morrow after candlemas , in the first yeare of his reigne , upon certaine petitions and requests made unto him in the said parliament upon such articles above rehearsed , by the common councell of the prelates , earles , barons , and other great men , and by the commonalty of the realme , there being by his commandment , hath provided , ordained and stablished in forme following . first , that no great man , or other of what estate , dignity , or condition he be , that came with the said king that now is , and with the queene his mother into the realme of england , and none other dwelling in england , who came with the said king that now is , and with the queene , in ayde of them to pursue their said enemies , in which pursuite the king his father was taken and put in ward , and yet remaineth in ward , shall not be molested impeached or grieved in person or goods , in the kings court , or other court , for the pursuite of the said king , taking and with holding of his body , nor pursuite of any other , nor taking of their persons , goods , nor death of any man , or any other things perpetrate or committed in the said pursuite , from the day the said king and queene did arme , till the day of the coronation of the same king : and it is not the kings minde , that such offenders that committed any trespasse or other offence out of the pursuites should goe quit , or have advantage of this statute , but they shall be at their answere for the same at the law. item , that the repeale of the said exile which was made by dures and force be ad●ulled for evermore , and the said exile made by award of the peeres and commons , by the kings assent as before is said , shall stand in his strength in all points , after the tenure of every particular therein contained . item , that the executors of the testament of all those that were of the same quarrell dead , shall have actions and recover the goods and chattels of them , being of the said quarrell , whose executors they be ; as they of the same quarrell should , &c. certainely here was an higher pursuite and levying warre against the king and his evill councellors , then any yet attempted by this parliament ; and a warre rather offensive , then defensive , in which the king himself was both taken and detained priso●r , and then forced to resigne his crowne to his sonne ; yet this is here justified , as a necessary , just and lawfull warre by an act of parliament , never yet repealed ; and all that bare armes against the king and his ill councellors , yea they who pursued , apprehended , and imprisoned the king himselfe , are , as to this particular , discharged by the king , and whole parliament from all manner of guilt , of punishment , or prosecution whatsoever against them . which consideration makes me somewhat confident , that this king and the parliament held in the . yeare of his raigne , ch . . which declares it high treason , to levie warre against the king in his realme , did never intend it of a necessary defensive warre against a seduced king and his evill councellors ( especially by the votes of both houses of parliament , who doubtlesse would never passe any act to make themselves , or their posteritie in succeeding parliaments , traytors , for taking up meere necessary defensive armes for their owne , and the kingdomes preservation ) for that had beene diametra●ly contrary to this statute , made in the very first yeare and parliament of this king ; and would have l●yd an aspertion of high treason upon the king himself , the queene his mother , their own fathers , and many of themselves ; who thus tooke up armes and made a defensive kinde of warre upon king ●dward the d , taking him prisoner : but onely to rebellious insurrections , of private persons , without any publick authority of parliament , or the whole kingdome in generall ; and of meere offensive warres against the king without any just occasion , hostilitie or violence on the kings part , necessitating them to take up defensive armes : which i humbly submit to the judgement of those grand rabbies and sages of the law , and the honorable houses of parliament , who are best able to resolve , and are the onely iudges to determine this point in controversie , by the expresse letter and provision of . ed. . ch . . of treasons . in the c first yeare of king richard the d. john mercer a scot , with a navie of spanish , scottish & french ships much infested the marchants and coasts of england taking many prises without any care taken by the king , lords , or councell to resist them . whereupon iohn philpot a rich merchant of london , diligently considering the defect , that i say not treachery of the duke of i ancaster , and other lords who ought to defend the realme , and grieving to see the oppressions of the people , did at his proper charge hire a thousand souldiers and set out a fleete , to take the said mercers ships , with the goods he had gotten by pyracie , and defend the realme of england from such incursions : who in a short time tooke m●rcer prisoner , with . spanish ships , and all the booties he had gained from the english : whereat all the people rejoyced exceedingly , commending and extolling philpot for the great love he shewed to his countrey , and casting out some reproachfull words against the nobles and kings councell who had the rule of the kingdome and neglected its defence : whereupon the nobility , earles and barons of the realme , conscious of this their negligence , and envying philpo● for this his noble praise-worthy action , began not onely secretly to lay snares for him , but openly to reproach him , saying : that it was not lawfull for him to doe such things without the advise or councell of the king and kingdome : quasi non licuisset benefacere regi velregno sine consilio comitum & baronum : ( writes walsingham ) as if it were not lawfull to doe good to the king or kingdome , without the advise of the earles and barrons , or lords of the privie councell . to whom objecting these things , and especially to hugh earle of stafford , who was the chiefe prolocutor and spake most against it , iohn philpot gave this answere : know for certaine , that i have destinated my money , ships , and men to sea to this end , not that i might deprive you of the good name and honour of your militia , or warlike actions , and engrosse it to my selfe , but pittying the misery of my nation and country , which now by your sloathfulnesse , of a most noble kingdome , and lady of nations , is devolved into so great misery , that it lyeth open to the pillage of every one of the vilest nations , seeing there is none of you , who will put your hand to its defence . i have exposed me and mine therefore for the salvation of my proper nation , and frteing of my country . to which the earle and others had not a word to reply . from this memorable history and discourse ( which i have translated verbatim out of walsingham , ) i conceive it most evident , that in the default of king and nobles , it is lawfull for the commons and every particular subject without any commission from the king or his councell , in times of iminent danger , to take up armes and raise forces by sea or land to defend the king and his native country against invading enemies ; as philpot did , without offence or crime . then much more may the houses of parliament , the representative body of the whole kingdome , and all private subjects by their command , take up necessary defensive armes against the kings popish and malignant forces to preserve the king , kingdome , parliament , people from spoyle , and ruine . in c the . yeare of king richard the d. there arose a great difference betweene the duke of lancaster , & the king & his young complices , who conspired the dukes death ; agreeing sodainely to arrest and arraigne him before robert trisilian chiefe iustice , who boldly promised to passe sentence against him , according to the quality of the crimes objected to him . vpon this the duke having private intelligence of their treachery , to provide for his owne safety , wisely withdrew himselfe , and posted to his castle at ponfract , storing it with armes and victualls . hereupon not onely a private but publicke discord was like to ensue ; but by the great mediation and paines of ione the kings mother , an accord and peace was made betweene them : and this defence of the duke by fortifying his castle with armes against the king and his ill instruments for his owne just preservation , held no crime . if such a defence then were held just and lawfull in one particular subject and peere of the land onely , much more must it be so in both houses of parliament , and the kingdome , in case the kings forces invade them . in the e th yeare of king richard the second this unconstant king being instigated by michael de la pole , robert v●ere duke of ireland , alexander nevill archbishop of yorke . robert trysilian . and other ill councellors and traytors to the kingdome , endeavoured to seize upon the duke of glocester , the earles of arundell , warwicke , derby , notingham , and others who were faithfull to the kingdome , and to put them to death , having caused them first to be indighted of high treason at nottingham castle , and hired many souldiers to surprise them : hereupon these lords for their owne just defence , raised forces and met at harynggye parke with a numerous army : whereat the king being much perplexed , advised what was best for him to do . the archbishop of yorke and others of his ill councell , advised him to gee forth and give them battle ; but his wisest councellors disswaded him , affirming , that the king should gaine no benefit if hee vanquished them and should sustaine great dishonour and losse if he were conquered by them . in the meane time hugh linne an old souldier , who had lost his senses , and was reputed a foole , comming in to the councell , the king demanded of him in jest , what hee should doe against the nobles met together in the said parke ? who answered ; let us goe forth and assault them , and slay every mothers sonne of them , and by the eyes of god , this being finished , thou hast slaine all the faithfvll friends thou hast in the kingdome . which answere , though uttered foolishly ; yet wise men did most of all consider . at last is was resolved by the mediators of peace , that the lords should meete the king at westminster , and there receive an answere to the things for which they tooke armes ; thither they came strongly armed with a great guard , for feare of ambuscadoes to intrap them : where the chauncellour in the kings name spake thus to them . my lords , our lord the king hearing that you were lately assembled at harenggye parke in an unusuall manner ; would not rush upon you as he might have easily done , had he not had care of you , and those who were with you : because no man can doubt , if he had raised an army , he would have had many more men than you , and p●rchance much blood of men had beene spilt , which the king doth most of all abhorre , and therefore assuming to himselfe patience and mildnesse , he hath made choyce to convent you peceably , and to tell him the reason why yoy have ass●mbled so many men . to which the lords answered , that they had met together for the good of the king and kingdome ; and that they might pvll away those traitors from him , which he continvally det ained with him . the traytors they appealed were the foresaid ill councellors , and nicholas brambre the false london knight : and to prove this appeale of them true , casting down their gloves they said they would prosecute it by duell : the king answered ; this shall not be done now , but in the next parliament , with we appoint to be the morrow after the purification of the blessed virgin , to which as well you as they comming , shall receive satisfaction in all things according to law. the lords for their owne safety kept together till the parliament , and in the meane timed feated the forces of the duke of ireland , raised privately by the kings command to surprise them . the parliament comming on the . yeare of richard the second : these ill councellors were therein , by speciall acts attainted , condemned of high treason , and some of them executed ; and these defensive armes of the lords , for their owne and the kingdomes safety , adjudged and declared to be no treason : but a thing done to the honour of god and salvation of the king and his realme : witnesse the expresse words of the printed act of r. . c. . which i shall transcribe . our soveraigne lord the king amongst other petitions and requests to him made by the commons of his said realme in the said parliament , hath received one petition in the forme following . the commons prayed , that whereas the last parliament for cause of the great and horrible mischiefes and perills which another time were fallen by evill governance which was abovt the kings person , by all his time before by alexander late archbishop of yorke , robert de veere late duke of ireland , michael de la pole late earle of suffolk , rober : trisilian late iustice , and nicholas brambre knight , with other their adherents , and others , whereby the king and all his realme , were very nigh● to have beene wholly undone and destroyed ; and for this cause , and to eschew such perils and mischiefes for the time to come , a certaine statute was made in the same parliament , with a commission to diverse lords , for the weale , honour and safeguard of the king , his regalty and of all the realme , the tenour of which commission hereafter followeth : richard , &c. as in the act. and thereupon the said alexander , robert , mighill , robert , and nicholas and their said adherents , seeing that their said evill governance should be perceived , and they by the same cause more likely to be punished by good justice to be done , and also their evill deedes and purposes before used to be disturbed by the sayd lords assigned by commission as afore ; made , conspired , & purposed divers horrible treasons , and evils against the king , and the said lords so assigned , and against all the other lords and commons , which were assenting to the making of the said ordinance and commission , in destruction of the king , his regalty , and all his realme . whereupon thomas duke of glocester the kings vncle , richard earle of arundle , and thomas earle of warwicke , perceiving the evill purpose of the sayd traytors , did assemble themselves in forcible manner for the safety of their persons to shew and declare the said treasons and evill purposes , and thereof to set remedie ; as god would , and came to the kings presence , affirming against the said . traytors appealed of high treason , by them done to the king , and to his realme : upon which appeale the king our soveraigne lord , adjourned the said parties till this present parliament , and did take them into his safe protection , as in the record made upon the same appeale fully appeareth . and afterwards in great rebellion , and against the said protection , the said traytors , with their said adherents and others aforesaid , continuing their evill purpose , some of them assembled a great power ( by letters and commission from the king himselfe , as walsingham and others write ) to have destroyed the said duke and earles appellants , and other the kings lawfull leige people , and to accomplish their treasons and evill purposes aforesaid . whereupon the said duke of glocester , henry earle of darby , the sayd earles of arundell and warwicke , and thomas earle marshall , seeing the open destruction of the king and all his realme , if the said evill purposed traitors and their adherents , were not disturbed , which might not otherwise have beene done , but with strong hand ; for the weale and safeguard of the king our soveraigne lord , and of all his realme , did assemble them forcibly , and rove and pursued till they had disturbed the said power gathered by the said traytors , and their adherents aforesaid , which five traytors be attainted this present parliament of the treasons and evills aforesaid , at the suite and appeale of the said duke of glocester , earles of darby , arundle , warwicke , and marshall . that it would please our redoubled soveraigne lord the king to accept , approve , and affirme , in this present parliament , all that was done in the last as afore , and as much as hath beene done since the last parliament by force of the statute , ordinance , or commission aforesaid ; and also all that the said duke of glocester earles of arundell and w●rwicke did ; and that the same duke and earles , and the said earles of derby , and marshall or any of them did , or any other of their company or of their ayde , or of their adherents , or of any of them , or touching the assemblies , ridings , appeales , and pursuites aforesaid , * as a thing made to the honour of god , salvation of the king , maintenance of his crowne , and also of the salvation of all his realme ( therefore doubtlesse no treason rebellion , nor any offence in point of law : ) and also to ordaine and stablish , that the said duke of glocester , earles of darby , arundell , warwicke and marshall , nor none of them , nor none of such as have beene of their returne , or company , force , ayde or councell , or any of them in the things aforesaid , nor none other person for any thing aforesaid shall be impeached , molested , or grieved at the suite of the king , nor of the party , nor in other manner , because of any assembly , riding , beating , levying of penons , or of banners , discomfiture , death of a man , imprisonment of any person , taking , leading away , or detinue of any horses or of any other beasts , taking or carriage of goods , harnesse , armour , cattle , and other ●ovable goods , breaking of houses , or of other possessions or goods , assault , battery , robberies , thefts , comming or tarrying with force and armes , or armed in the kings presence at the parliament , or councell , or else where . raysing of people , or exciting the people to rise forcibly against the peace by letters , commissions , or any other deeds , or of any other thing that may be furni●hed by them , or any of them , or ought or purposed to have beene done from the beginning of the world , touching any of the said matters before the end of this present parliament by any imagination , interpretation , or other colour , but shall bee quit and discharged for ever : except that the king be answered of all the goods , and cattels that were to them which be attainted in this present parliament , or to any of them , and which goods and things were taken by any person the first day of january last past , or after hitherto . we considering the matter of the said petition to be true , and the request of the said commons in this party * to be to the honour of god , and the profit of us and our realme , of the assent of the prelates , dukes , earles , barrons and all others of this present parliament , doe garnt the requests of the said commons in all points , after the forme of the said petition . and moreover of the assent aforesayd , we will and grant for the greater quietnesse of our said realme , though that the said duke or earles appellants , or any other of their company , retinue , force , ayde , councell or adherents , or any of them have taken , led away , or withholden any of our iusticers , or any other of our ministers , in disturbance of execution of the law of our realme of england , or in other manner , or that they have taken any manner of person as traitors to us or to our realme , or other person , and the same have voluntarily suffered to goe at large , or escape beyond the sea from the th day of novemb. last past , till the end of this present parliament ; that they nor any of them be for this cause impeached , molested , nor grieved any manner of way at the suite of us , our heires , nor none other party , but thereof they shall be quit , and discharged for ever ; nor that they nor any of them be in any wise molested , grieved , nor impeached at the suite of us , our heires , or other party for any thing done at any time for to attaine to their purpose against the said appealers or any of them , or against any other person for this cause , nor for any other thing or deed to affirme the same purposes , till the end of this present parliament , but thereof shall be acquitted . this act with others made the same parliament continued inviolable without dispute for yeers space , during w ch there were . more parliaments held w ch approved it : but in r. . the king having f violently seised upon the duke of glocester & the earles of warwicke and arundell , and packed a parliament to his minde , by not summoning any lords thereto but those o● his party , by causing divers knights and burgesses of his own nomination , never chosen by the people , to be returned in divers places , and overawing the rest with a guard or . cheshire archers , caused these lords to be illegally attainted of treason upon fained pretences , out of this old grudge , and the acts of this parliament to be reversed ; yet not this act , as i conceive , which is part of it , being specially saved by . r. . c. . but however by the statute of h. . c. . . the parliament of . was wholly repealed , reversed , revoked , voyded , undone and anulled for ever , with all the acts , circumstances , and dependants thereof : and this parliament of . r. . enacted to be firmely holden and kept after the purport and effect of the same ; as a thing made for the great honour and common profit of the realme , and ch . . it is ordained and assented , that the lords and other which were forejudged in the parliament holden the said . yeare , or by authority of the same , which now be in life , and the heires of the lords and others that be dead , shall be wholly restitute and restored to their names , all manner of inheritaments and possessions , reversions , fees , reversions , offices , liberties , and franchises as intirely as the said lords and others which be in life , or the lords and other which be dead , ancestors of the heires , or the feoffees of the said lords or other aforesaid , or other feoffees to their use , were at the time of the judgement given against them , the said yeare , by entrie , without other suite thereof to be made , or livery to be had of the same . and all the goods and chattels which were the said lords , or the other persons aforesaid , so forejudged , whereof the king is not answered , and be in the hands of the sheriffes , escheators , or other officers , ministers , or any other and concealed by them , the king wills and granteth , that the same lords and other which now be in life , and the executors , and administrators of them that be dead ; shall have thereof delivery and restitution ; and that the sheriffes , escheators , officers and ministers so occupying the said goods and chattels by such concealment , bee punished for the same concealement . so that by the expresse resolution of these two severall parliaments , these lords and commons taking up defensive armes and making war against those wicked councellours of this king which sought their ruine , and endeavoured the destruction of the realme ( though they had the kings presence and commissions to countenance all their actions and proceedings of this nature , and the lords wanted the ordinances of both houses to authorize this their arming , and war ) was solemnely declared and adjudged , to be no treason nor rebellion at all , nor levying of warre against the king , within the statute of . e. . but contrarywise ; a thing done to the honour of god , the salvation of the king , ( for if the kingdome perish or miscarry , the king as king must needs perish with it ) the maintenance of his crowne , ( supported onely by the maintenance of the kingdomes welfare ) and the salvation and common profit of all the realm : and this being one of the first solemne judgements ( if not the very first ) given in parliament after the making of the statute of e. . which hath relation to its clause of levying war , must certainely be the best exposition of that law : which the parliament onely ought to interpret , as is evident by the statute of . r. . c. . ( it is ordained and stablished , that every man which , &c. or he that raiseth the people and riseth against the king to make warre within his realme ; and of that be duly attainted and judged in the parliament shall be judged as a traytor of high treason against the crowne , ) and other forecited acts : and if this were no treason , nor rebellion , nor trespasse in the barons against the king or kingdome ; but a warre for the honour of god , the salvation of the king , the maintenance of his crowne , the safety and common profit of all the realme ; much more must our parliaments present defensive warre against his majesties ill councellors , papists , malignants , delinquents , and men of desperate fortunes , risen up in armes against the parliament , lawes , religion , liberties , the whole kingdomes peace and welfare , be so too ; being backed with the very same , and farre better , greater authority , and more publike reasons then their warre was , in which the safety of religion was no great ingredient , nor the preservation of a parliament from a forced dissolution , though established and perpetuated by a publike law. king henry the th , taking up armes against king richard , and causing him to be articled against , and judicially deposed in and by parliament for his male-administration ; it was enacted by the statute of . hen . cap. . that no lord spirituall nor temporall , nor other , of what estate or condition that he be , which came with king henry into the realme of england , nor none other persons whatsoever they be , then dwelling within the same realme , and which came to this king in aide of him , to pursue them which were against the kings good intent , and the common profit of the realme , in which pursuit richard late king of england , the second after the conquest , was pursued taken and put in ward , and yet remaineth in ward , be impeached , grieved , nor vexed in person , nor in goods , in the kings court , nor in none other court , for the pursuites of the said king , taking and with-holding of his body , nor for the pursuits of any other , taking of persons and cattells , or of the death of a man , or any other thing done in the said pursuite , from the day of the said king that now is arived , till the day of the coronation of our said soveraigne lord henry . and the intent of the king is not , that offendors which committed trespasses , or other offences out of the said pursuits , without speciall warrant , should be ayded , nor have any advantage of this statute , but that they be thereof answerable at the law. if those then who in this offensive warre assisted henry the th . to apprehend , and depose this persidious , oppressing tyrannicall king , seduced by evill counsellors and his owne innate dis-affection to his naturall people , deserved such an immunity of persons and goods , from all kinds of penalties , because though it tended to this ill kings deposition , yet in their intentions it was really for the common profit of the realme , as this act defines it . no doubt this present defensive warre alone against papists , delinquents , and evill counsellors , ( who have miserably wasted , spoiled , sacked many places of the realme , and fired others in a most barbarous maner , * contrary to the law of armes and nations , and labour to subvert religion , laws , liberties , parliaments , and make the realm a common prey ) without any ill intention against his majesties person , or lawfull royall authority , deserves a greater immunity ; and can in no reasonable mans judgement , be interpreted any treason , or rebellion against the king , or his crowne , in law or conscience . in g the . yeare of king henry the th . ( a weake prince wholly guided by the queene and duke of somerset , who ruled all things at their wills , under whose government , the greatest part of france was lost ; ) all things went to ruine both abroad and at home ; and the queene ( much against the lords and peoples mindes ) preferring the duke of sommerset to the captain ship of calice , the commons and nobility were greatly offended thereat , saying , that he had lost normandy , and so would he do● calice . hereupon the duke of yorke , the earles of warwicke and salisbury , with other their adherents , raised an army in the marches of wales , and marched with it towards london , to suppresse the duke of sommerset with his faction , and reforme the governement . the king being credibly informed hereof , assembled his host , and marching towards the duke of yorke and his forces , was encountred by them at saint albanes , notwithstanding the kings proclamation to keepe the peace ; where in a set battell , the duke of somerset , with divers earles , and . others were slaine on the kings part , by the duke of yorke , and his companions , and the king●● a manner defeate . the duke after this victory obtained , remembring that he had oftentimes declared and published abroad ; the onely cause of this war to be , the advancement of the publike weale , and to set the realme in a more commodiovs state and better condition ; vsing all lenity , mercy , and bounteousnesse , would not once touch or apprehend the body of king henry , whom he might have slaine , and utterly destroyed , considering that hee had him in his ward , and governance ; but with great honour and due reverence , conveyed him to london ; and so to westminster : where a parliament being summoned and assembled soone after ; it was therein enacted , that no person should either judge or report any point of untruth of the duke of yorke , the earles of salisbury and warwicke , for comming in warlike manner against the king at saint albanes . considering that their attempt and enterprise , was onely to see the kings person in safeguard and sure-keeping , and to put and alien from him the publike oppressors of the common wealth ; by whose misgovernance , his life might be in hazard , and his authority hang on a very small thred . after this , the h duke , and these earles raised another army , for like purpose , and their owne defence in the and yeares of h. . for which they were afterwards , by a packed parliament at coventree , by their enemies procurement , attainted of high treason , and their lands and goods confiscated . but in the parliament of . h. . cap. . the said attainder , parliament , with all acts and statutes therein made , were wholly reversed repealed , annulled ; as being made ●y the excitation and procurement of seditious ill disposed persons for the accomplishment of their owne rancor and covetousnesse , that they might injoy the lands , offices . possessions , and goods of the lawfull ●ords and liege people of the king ; and that they might finally destroy the laid lawfull lords , and liege people , and their issues and heires for ever ( as now the kings ill counsellors , and hungry cavalleers seek to destroy the kings faithfull liege lords and people , that they may gaine their lands and estates ; witnesse the late intercepted le●ter of sir iohn brooks , giving advise to thus purpose to his majestie : ) and this assembl● was declared ; to be no lawful parliament , but a devillish counsell , which desired more the destruction then advancement of the publike weale ; and the duke , earles , with their assistants were restored , and declared to be faithful and lawful lords , and faithful liege people of the realme of england , who alwaies had great and fathfull love to the preferrement and surety of the kings person , according to their duty . if then these two parliaments acquitted these lords and their companions , thus taking up armes , from any the least guilt of treason and rebellion against the king , because they did it onely for the advancement of the publike weale , the setting the realme in a better condition the removing ill counsellors , and publike oppressors of the realme from about the king , and to rescue his person out of their hands : then questionlesse by their resolutions , our present parliaments taking up defensive armes , upon the selfe-same grounds , and other important causes ( and that by consent of both houses , which they wanted ) can be reputed no high treason nor rebellion against the king in point of law ; and no just , no rationall iudge or lawyer can justly averre the contrary , against so many forecited resolutions in parliament , even in printed acts. the i earle of richmund , afterward king henry the seventh , taking up armes against richard the third , ( a lawfull king , defacto , being crowned by parliament ; but an vsurper and bloody ●yrant in verity ; ) to recover his inheritance , and title to the crowne , and ease the kingdome of this unnaturall blood-thirsty oppressor , before his fight at boswell field , used this oration to his souldiers , pertinent to our purpose . if ever god gave victory to men fighting in a just quarrell ; or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive countrey : or if he ever succoured them which adventured their lives for the reliefe of innocents , suppression of malefactors , and apparent offenders ; no doubt , my fellowes and friends , but he of his bountifull goodnesse will this day send us triumphant victory , and a lucky revenge over our proud enemies , and arrogant adversaries ; for if you remember and consider the very cause of our just quarrel , you shall apparently perceive the same to be true godly , and vertuous . in the which i doubt not but god will rather ayde us , ( yea , and fight for us ) then see us vanquished , and profligate by such as neither feare him , nor his lawes , nor yet regard iustice and honesty . our cause is so just , that no enterprise can be of more vertue , both by the laws divine and civill , &c. if this cause be not just , and this quarrell godly , let god , the giver of victory judge and determine , &c. let us therefore fight like invincible gyants , and set on our enemies like untimorous tygers , and banish all feare like tamping lyons . march forth like strong and robustious champions , and begin the battaile like hardy conquerors ; the battell is at hand , and the victory approacheth , and if wee shamefully recule , or cowardly fly , we and all our sequele be destroyed , and dishonoured for ever . this is the day of gaine , and this is the time of losse ; get this dayes victory , and be conquerours ; and lose this dayes battell , and bee villaines . and therefore in the name of god , and saint george , let every man couragiously advance his standard : they did so , slew the tyrannicall vsurper , wonne the field ; and in the first parliament of his raigne , there was this act of indemnity passed , that all and singular persons comming with him from beyond the seas into the realme of england , taking his party and quarrell , in recovering his just title and right to the realme of england , shall be utterly discharged , quit , and unpunishable for ever , by way of action , or otherwise , of or for any murther , slaying of men , or of taking and disporting of goods , or any other trespasses done by them , or any of them , to any person or persons of this his realme against his most royall person , his banner displayed in the said field , and in the day of the said field , &c. which battell though it were just , and no treason nor rebellion in point of law in those that assi●ted king henry the th . against this vsurper ; yet because the killing of men , and seising their goods in the time of warre , is against the very fundamentall lawes of the realme , they needed an act of parliament to discharge them from suits and prosecutions at the law for the same : the true reason of all the forecited acts of this nature , which make no mention of pardoning any rebellions or treasons against the king , ( for they deemed their forementioned taking up of armes no such offences ) but onely discharge the subjects from all suites , actions , and prosecutions at law for any killing or slaying of men , batteries , imprisonments , robberies , and trespasses , in seising of persons , goods , chattels . what our princes and state have thought of the lawfulnesse of necessary defensive sive warres of subjects against their oppressing kings and princes , appeares by those aides and succours which our kings in former ages have sent to the french , flemmings , almaines , and others , when their kings and princes have injuriously made warres upon them , and more especially , by the publike ayde and assistance which our i queene elizabeth and king james by the publike advise and consent of the realme , gave to the protestants in france , germany , bohemia , and the netherlands against the king of france , the emperour , and king of spaine , who oppressed and made warre upon them , to deprive them of their just liberties and religion , of which more hereafter . certainely , had their defensive warres against their soveraigne princes to preserve their religion , liberties , priviledges , beene deemed treason , rebellion , in point of law ; queene elizabeth , king james , and our english state , would never have so much dishonoured themselves , nor given so ill an example to the world , to patronize rebells or traitours ; or enter into any solemne leagues and covenants with them as then they did , which have been frequently renued and continued to this present . and to descend to our present times ; our king charles himself hath not onely ( in shew at least ) openly aided the french protestants at ree and rochel against their king who warred on them ; the germane princes against the emperour ; the hollanders , and prince of orange , ( to whose sonne hee hath married his elstest daughter ) against the spaniard , and entred into a solemne league with them , ( which hee could not have done in point of law , iustice , honour , conscience , had they beene rebells or traytors , for standing on their guards , and making defensive warres onely for their owne and their religions preservation ; ) but likewise by two severall publike k acts of parliament , the one in england , the other in scotland , declaring , the scots late taking up armes against him and his evill counsellors , in defence of their religion , lawes , priviledges , to be no treason , nor rebellion ; and them to bee his true and loyall subjects ( notwithstanding all aspertions cast upon them by the prelaticall and popish party ) because they had no ill or disloyall intention at all against his majesties person , crowne , and dignity , but onely a care of their owne preservation , and the redresse of th●se enormities , pressures , grievances in church and state , which threatned desolation unto both . if then their seizing of the kings fortes , ammunition , revenues , and raising an army for the foresaid ends , hath by his majesty himselfe , and his two parliaments of england and scotland , beene resolved and declared to be no treason , no rebellion at all against the king ; by the very same , ( or better reason , all circumstances duely pondered ) our parliaments present taking up armes and making a defensive warre for the endes aforesaid , neither is , nor can be adjudged treason or rebellion , in point of law or iustice . in fine , the king himself in his l answer to the . propositions of both houses , iune . . confesseth , and calleth god to witnesse : that all the rights of his crowne are vested in him for his subjects sake : that the prince may not make use of his high and perpetuall power to the hurt of those , for whose good he hath it ; nor make use of the name of publike necessity , for the gaine of his private favourites and followers , to the detriment of his people ; that the house of commons may impeach those , who for their owne ends , though countenanced with any surreptitiously gotten command of the king , have violated that law , which he is bound ( when he knowes it ) to protect , and to protection of which they were bound to advise him , at least , not to serve him in the contrary ( let the cavalleers and others consider this : ) and the lords being trusted with a iudiciary power , are an excellent screene and banke betweene the king and people , to assist each against any incroachments of the other ; and by just iudgements to preserve that law , which ought to be the rule of every one of the three . therefore the power legally placed in both houses , being more then sufficient to prevent and restraine the power of tyranny ; by his majesties owne confession ; it must needs be such a power as may legally inable both houses , ( when armes are taken up against them , by the king or any other , to subvert lawes , liberties , religion , and introduce an arbitrary government ; ) not onely to make lawes , ordinances , and assessements , but likewise to take up armes to defend and preserve themselves , their lawes , liberties , religion , and to prevent , restraine all forces raysed against them , to set up tyranny ; else should they want not onely a more then sufficient , but even a s●fficient necessary power , to prevent and restraine the power of tyranny ; which being once in armes cannot bee restraned , and prevented , repulsed , with petitions , declarations , lawes , ordinances , or any paper bulwarkes and fortifications , or other such probable or possible meanes within the parliaments power , m but onely by armes and militarie forces , as reason and experience in all ages manifest . from all which pregnant punctuall domesticke authorities and resolutions of ancient , moderne and present times , i presume i may infallibly conclude ; that the parliaments present taking up necessary defensive armes , is neither , treason , nor rebellion , in iudgement of law ; but a iust and lawfull act , for the publicke benefit and preservation of king , kingdome , parliament , lawes , liberties , religion ; and so neither their generall , souldiers , nor any person whatsoever imployed by them in this war , or contributing any thing towards its maintenance , are or can be legally indicted , prosecuted , or in any manner proceeded against as traitors , rebels , delinquents against the king or kingdome ; and that all proclamations , declarations , indictments , or proceedings against them , or any of them , as traitors , rebels , or delinquents , are utterly unlawfull , iniust , and ought to be reversed as meere nullities . it would be an infinite tedious labour for me to relate , what civilians and canonists have written concerning warre , and what warre is just and lawfull , what not : in briefe , they all generally accord ; n that no warre may or ought to be undertaken cut of covetousnesse , lust , ambition , cruelty , malice , desire of hurt , revenge , or for booty : propter praedam enim militare peccatum est ; whence joh ; baptist , luke . . gave this answer to the souldiers who demanded of him , what shall we doe ? doe violence to no man : neither accuse any man falsly ; and be content with your wages . ne dum sumptus quaeritur , praedo grassetur . which prooves the warres of our plundring , pillaging cavalleers altogether sinnefull and unjust : and that such a warre onely is just , which is waged for the good and necessary defence of the common-wealth , by publike edict or consent ; or to regaine some thing , which is unjustly detained or taken away , and cannot otherwise be acquired : or to repell or punish some injury ; or to curbe the insolency of wicked men , or preserve good men from their uniust oppressions ; which warres ought onely to be undertaken out of a desire of peace ; as they prove out of augustine , gregory , isidor hispalensis , and others . in one word , they all accord ; that a necessary defensive warre to repulse an injury , and to preserve the state , church , republike , freedomes , lives , chastities , estates , lawes , liberties , religion , from unjust violence is , and ever hath beene lawfull by the law of nature , of nation ; yea , by all lawes whatsoever , and the very dictate of reason : and that a●n●cessary defensive warre is not properly a warre , but a meere defence , against an unlawfull violence ; and ther●fore m●st of necessitie be acknowledge lawfull ; because directly opposite to , and the onely remedy which g●d and nature have giuen men against t●rannicall and unjust invasions , which are both s●●n●full and unlawfull . and so can be no treason , no rebellion , no crime at all , thou●● our princes or parents be the unjust assail●nts . of which see more in hugo gro●ius , de iure belli , l. . c. . i shall close up the civillians and c●no●●●s opinions touching the lawfulnesse of a defensive warre , with the words o● a●beric●●●entilis , professor of civill law in the vniversitie of oxford , in queene elizabeths raigne , who in his learned booke , de jure belli & pacis , dedicated to the most illustrious robert devoreux earle of essex ; ( father to the parliaments present lord generall : ) determines thus , lib. . ca● pag. . &c. although , i say , there be no cause of warre from nature , yet there are causes for which we undertake warre by the conduct of nature ; as is the a cause of defence , and when warre is undertaken , because something is denied to to be granted , which nature it selfe affords , and therefore because the law of nature is violated , warre is undertaken . we say there is a three fold defence , one necessary , another profitable , a third honest ; yet wee shall deeme them all necessary . b he who defends himselfe , is said to be necessitated , neither will baldus have us distinguish whether he defend himselfe , his goods , or those under his charge , whether neere , or remote ; his defence is necessary , and done for necessary defence , against whom an armed enemy comes , c and his against whom an enemy prepares himselfe : and to such a one the same d baldus truly teacheth , ayde is due by compact , whom others likewise approve e this warre we may say , was anciently undertaken against mithridates , and against his great pre●aations . neither ought wise men to expect , till he had professed himselfe an enemy , but to looke more into his deeds , then words : thus whiles we say necessity , we speake not properly , but we understand , that necessity which is not rare in humane affaires , and hath wont to bee called neede : which yet precisely is not that true necessity , &c. f it is a most unjust conflict , where the one side being agent , the other is onely patient . there is a just defence , and slaying , although the slayer might flee without danger and so save himselfe , whether the slayer who defends himselfe be of that condition , that it would be a disgrace to him to flee , or whether it would be no disgrace . g which opinions are received in the causes of private men ; and to mee are much more approved in publike causes . h defence even in bruites is a law of nature : i it is perswaded and constituted in us , not by opinion , but by a certaine imbred faculty : and it is a necessary law ; for what is there ( saith cicero ) that can be done against force , without force ? this is the most approved above all lawes . k all lawes , all rights permit to repell force with force . l there is one law and that perpetuall , to defend safety by all meanes . m all mean●s are honest of preserving safety : this , reason to the lea●ued , necessity to b●rbarians , cust me to nat●ons , nature it selfe to wilde beasts , hath prescribed ; and this is no written , but borne , or native law. likewise , to defend our estates , is a necessary defence , and this is a just cause of defending , if wee bee assaulted by warre , though wee our selves have demerited the warre : which thing others , and paulus caestrensis have taught . and it will follow , and adde this reason ; because the law or force of warre is not ended by obtaining the things first demanded ; but walkes according to the conquerers pleasure . n who is content to repay so much revenge onely as he hath received wrong ? saith augustine , and all know it . this arbitrary power all not subdued may justly decline , and therefore defend themselves against it with armes . witnesses , o iudges who are enemies are repelled , although they against whom they proceed gave the cause of the enmity . p to one in armes he gives all things w●o denies just things : said caesar . neither doe we heare make question of that blamelesse moderation , where there is no superior . these things therefore are avoyded : and therefore the cause of romulus shall be said right to me , who defended himselfe by war against the invading sabines , albeit he had given them cause of warre and offence , by the rape of their women . q the force of necessity is so great , when men are pr●ssed with armes , that those things which are unjust may seeme most just ; as bodin well , r warre is just , to whom it is necessary ; & piae arma , quibus nulla nisi in armis relinquitur spes : and armes are pious to those to whom no hope is left but in armes . extreame necessity is exempted from all law. and yet i restraine not the present definition , to extreame necessity , or take extreame according to the condition of mens affaires : for be it so , let it be no necessitie , which may be no necessity ; romulus might have avoyded warre by restoring the ravished women ; yet he might likewise defend himselfe against the enemies even soone after marching against him . i stay not in this definition : for that is a question belonging to citizens . * he who being banished may be hurt without danger , yet he may defend himselfe . chap. xiiii . de utili defensione : he proceedes thus , i call that a profitable defence , when we move warre , fearing least we our selves should be warred upon : s no man is sooner oppressed then he which feares nothing , and security is the most frequent beginning of calamity . this first . next , we ought not to expect present force , it is more safe if we meete that which is future . there is more hope and more courage in him that infers force , then in him who repels it : he hath more courage who inferres danger , then he who repulseth it , t livy and vigetius : if the enemie should once prevent , n all things are disturbed with feare ; it behoves them therefore ( saith x nicephorus , an historian of no contemptible authority ) who would live without danger , to meete with , and prevent impendent evills , and not to delay or expect , that thou mayst revenge the received injury with danger , if for the present thou maist cut out the root of the growing plant , and suppresse the endeavours of an enemie who thinkes ill . and y suidas , yea demosthenes ; warre is not to be delayed but urged , least being first injured , we be compelled to repulse force . * this ( as the latin de nosthenes cicero saith ) is likewise a disgrace , that if thou mayst prevent future , thou wouldest rather redresse present evils . that rude youth likewise ( so hath nature it selfe prescribed this law ) z i would rather looke to our selves , then i would be revenged having received injury : a but philo most excellently , that we presently slay a serpent at the first sight , although he hath not hurt us ; nor perchance will hurt us ; so carefull are we of our selves before he move himselfe . am i not over-tedious to thee in naming these authors , which yet are none of ours ? but the consent of various and many authors is great reason , &c. neither yet omit i , things held in lieu of proverbes , and therefore prove much what they signifie , b meete the approaching disease . withstand beginnings ; else medicines are provided over-late . neglected fires are wont to get strength . behold something out of the authors of law : c it is better to keepe lawes unviolated , then afterwards to seeke remedy . d it is lawfull to prevent : one providing to offend , i offend lawfully ; and others of this nature , which are more defined to humanity , and approved by mens judgements . e no man ought to expose himselfe to danger : no man ought to expect himselfe to be smitten or slaine unlesse he be a foole . we ought to meete the offence not onely which is in act , but that likewise which is in possibility to act . force is to be repelled and propulsed with force ; therefore not to be expected ; in which expectation there are also both other the foresaid certaine evils , and that likewise : which is mentioned in the causes of private men , least perchance by giving the first stroke we be slaine ; or lest we yeeld by flying , and be oppressed lying downe . but not to flye is to repell force : all these things are cleare , and tried , and most apt to warlike tractates . what followes , hath some doubt , when the thing may seeme to come to that passe , that we must now run to this profitable defence . f a just cause of feare is required , suspition is not sufficient . now g a just feare is defined , a feare of a greater evill , and such as may deservedly happen unto a constant man. but here in this great cause of kingdomes , a feare that no dammage should happen although not very great , or if there be an evident cause of feare although the danger be not true , h but the cause onely of feare just , is sufficient : but not when a man feares that he ought not , &c. but concerning prevention there are notable things in i gellius . in all things to be taken heed of , there is not the same cause ; neither in the affaires and actions and offices of humane life ; or of taking , or deferring , or revenging , or bereaving . to a gladiator , ready to fight this lot of fight is propounded ; either to slay , if he shall prevaile , or to be slaine if he shall give over . but the life of man is not circumscribed with such unjust untamed necessities , that therefore thou oughtest first to doe the injury , which unlesse thou shalt doe , thou mayest suffer . and cicero ; k who hath ever enacted this , or to whom can it be granted without the greatest perill of all men , that he might lawfully slay him , of whom he might say he hath beene afraid , lest he himselfe might be slaine afterward by him ? yet rightly , notwithstanding , the mitileins against the athenians , l if we seeme injurious to any , if we have first failed , not tarrying till wee might plainely know , if they would doe us any hurt : he doth not rightly consider : for if we had beene of equall power , we might safely lay ambushes for them againe , and we might delay : then he should speake truth : but since they have alwayes with them a power of hurting , it beseemed us to have this power , that we might anticipate a defence . why againe doe we aske for bartolusses , or baldusses with whose bare names we might rest satisfied ? and yet doe not more esteeme the defence of a most noble republick , yea of thucidides , a most noble man , and the sentence of a most wise man fortified with reason ? and seeing there may not be one probable cause of feare , and generally nothing can be defined concerning it , here we shall onely say , that it hath alwayes beene very considerable , and at this day , and hereafter it is to be considered , that potent and ambitious princes may be resisted , for they being contented with no bounds will at last sometime or other invade the fortunes of all men . m thus the romans move warre against philip , lest greece being subdued , he should first make warre upon them . thus n lysimachus , when demetrius had gotten the kingdome , fearing least he should provoke him , first moved warre , for he knew that demetrius had it from his father , alwayes to thinke of promoting the empire . thus the o lacedemonian embassadors , move the king of sicily to warre , because all the rest of the graecians being overcome by persa , he might in like manner stirre up ware against the siculi : men say , by helping us thou maist defend thy selfe . thus the p lacaedemonians themselves , perswaded by the acanthii tooke up warre against the olynthi : who by conquering their neighbours every where , and proceeding alwayes to further parts , they made no end of warres and of encreasing their dominion . thus the q compani for the fidicini against the samnites , and they say . we have fought in word for the fidicini , in deed for our selves . when we saw a neighboring people , to be set upon by the wicked plundering of the samnites : and when the fidicini had beene inflamed , that fire would h●reafter be transferred upon us : which also r herm●crates a just man of syracuse : doth any of us thinke , that a neighbour further off being already overcome the calamity will not come upon him also ? thus s perseus , thus metridates did move and call in others against the power of the romans : for neither are occasions of warre wanting to those that aspire to the empire , and now they are hated for their power . which thing t appius somewhere saith to those his romans ; and it appeares most true ; for by ayding their confederates and friends , presently they got the empire of the whole world . but to omit these manifold examples , which even u others have thus noted , and which do thus declare to us the law of nations , which we seeke ; might not all men most justly withstand the turke on that side , and the spaniard on this , meditating dominion every where and plotting it ? for indeed the turke wrongs not many , nor yet the spaniard , neither can the one or other doe it ; but they both doe injury to some , and he that doth wrong to one , threatens many : shall warres themselves be expected ? x we have heard of the turkes before , and we all see it : if any one discernes it not of the spaniards ; he may heare of p. jovius , that the nature of these are both impotent and greedy of bearing rule ; and when they have once crept in , endeavour alwayes by all meanes to attaine the highest power . therefore we ought to resist ; y and it is z better to beware that men encrease not too much in power then to seeke remedy afterward against the mighty . a while the enemie is little , kill him . wickednesse , lest tares grow , is to be crushed in the seed . why are not these sayings of hierome pertinent even here ? we cannot joyntly resist a common danger : b a common feare unites even those that are most divided and furthest off : and that by the instinct of nature , and our c baldus teacheth out of aristotle ; this is the reason of empyres , that they may not hurt ; as he , whosoever he was said wel in dionysius , and nothing more true , * and uttered as it were from an oracle , in the judgement of bodin : d it is sufficient to have power to hurt , and that which can destroy others , dee thou destroy first : as aptly here the witty poet ; and truly it is very grievous , that we may possibly suffer an injury although we doe not suffer it : as e plutarch speaketh : and f baldus , that it is lawfull to use meanes for resistance : nor ought it to be in the power of an adversary to hurt us if he would : and that we ought to consider , that which hurteth , and that which can hurt . even the continuing of concord among the elements is this , by l equall proportion , and while in none , one is subdued of the other : o and this is that , which that most wise , most desirous of peace , and father of peace , laurencius medices procured alwayes , that the affaires of the ita●an princes should be balanced with equall weights , whence both italy might have peace , which both it had whiles he lived , and was the preserver of this temper ; and which peace ceased when he deceased , and that temperature . the great off-spring of medices , was a great safegard both to his owne city and the rest of italy : doth he not as yet indeavour this , that one should not be able to doe all things , and all europe come under the command of one ? unlesse some be able to resist the spanyard , europe will certainely fall . g if any will pull a middle stone out of the wall , upon which all relies , the rest being carried together will follow . h no , this must never be permitted , that the dominion of any should grow so great , as neither to doubt before so much as of most manifest injustice , which polybius saith , and saith againe : whence hero therefore ayded the carthaginians against the mercenaries , least the carthaginians being oppressed , the romans should be able to doe all things . this i livie of the diverse conceits of men upon the war of the romans , and perseus , that some favored him , some them , but there was a third part , the best and most prudent , who would have neither part to become more powerfull , the other oppressed , for so themselves should be in the best condition , alwayes protecting them from the injuries of the other : and these things ingeniously , marcus cato for the rhodians : who thorow hatred to the romans , k by their good will at least , or wishes had favoured perseus , they would not that we should have conquered the king : but also many other people , and many nations ; and partly not for reproach sake , but because they feared , that if there were no man whom we stood in awe of we might doe what we list , and every one of us , if any thinke any thing to be attempted against his owne estate , doth even with his strength contrarily endeavour that it be not attempted against him . this the embassador of persius had thus discussed before the rhodians , that they ought to endeavour , that the right and power of all things be not devolved to one people . cato adds , that their will ought not to be punished so much , because it ought to be discerned more certainely . l caesar doth not contradict , who thus disputes of raising of warre against king ariovistus , that he ought to be punished before he became great , or should doe any evill , even because he had a thought to doe them hurt . neither ought this to be understood of the naked thought , and bare will ; but of that which hath assumed the act , declared in another * place ; that king was now fearefull to the romans in france , and his armes threatned danger : caesar therfore wisely and justly thought that there was no further delay to be made , but that he might restraine armes with armes . the n switzers lately very wisely , that they will favour neither the french nor emperor , but would keepe a league with them both , until their armies should not be hurtful to the helvetiin common-wealth . but i conclude , the defence is just which prevents dangers already meditated of , already prepared ; and also not thought upon , but very likely , possible : yet neither this last simply ; or would i call it just , to endeavour this war , as soone as ever any should be made too potent ; which i doe not affirme . for what if any princes power should be increased by successions , by elections ; wilt thou trouble him with warre , because his power may be dangerous to thee ? another thing therefore must be added concerning iustice . we will adde to others , who what they have thought of a just war , attend . chap. xv. of honest defence . it remaines to speake of honest defence , which is undertaken without any feare of danger to us , sought for no want of our owne , for no profit , but onely for other mens sakes , a and it resteth upon this foundation , that ( as marcus tullius saith ) nature hath ordained among men affinity , and love , and good will , and the bond of good will , and that the law of nations is placed in the society of men , which therefore is called by cicero also , b civill . c thus verilie the stoickes would have the city of the whole world to be one , and all men to be commoners , and townesmen ; and like one heard feeding together in a common ground . d all this that thou beholdest , wherein heavenly and earthly things are contained , is one ; and we are members of one great body , and the world it selfe is one e body . but nature hath made us allyed , seeing she hath begotten us of the same , and in the same , also endewed us with mutuall love , and hath made us sociable . e and this our societie is most like the joyning of stones , in a wall ; which would fall , if the stones did not withstand , and uphold one another , as seneca excellently ; and which as f gellius , consisteth , upholden as it were , with a mutuall contrariety and support . g this is the desagreeing concord of things , as horace speakes , and we also before . and now thou hearest that all the world is one body , and all men are members of this one body , and thou hearest the world to be an house , and to be a city ; which heare againe , for they are beautifull . the world is the greatest house of things , thus varro . h man is a sociable creature , and being borne for the good of all , lookes upon the world as one house : thus seneca : i againe lactantius saith , the world is a common-wealth , having one forme of government , and one law ; k philo , there is one commonwealth of all and a common city of all . l tertullian , minutius , and also in aristotle , there is one great city : what an harmony is here of wise men ? adde touching society that of cicero ; society in the largest extent , m ( which though it be often sayd we must repeate more often ) is of men towards men , n more inward , of those that are of the same countrey ; neerer of those that are of the fare city and in another place : we are so borne that there may be a certaine societie betweene all ; but greater as any one is nearer : citizens are be ter●ban strangers ; kindred han forriners . and thus doth o augustine note there societies ; the first of the houshold , the second of the city , the third of the world , and saith , all the nations in the world are joyned together by humane societie . but what is this society and conjunction ? among the good there is as it were a necessary benevolence , which spring of freindship , is constituted of nature ; but that same goodnesse belongs also to the multitude ; for vertue is not inhumane , nor cruell , nor proud , which will not looke upon all people , writeth cicero ; and p ambrose , the law of nature bindes us to all charity ; that one should beare with another , as members of one body : and so also q baldus , we are borne for our own and for strangers by the bond of charity : those that say , care ought to be had of citizens , deny it of strangers , these men take away community and society of mankinde . also cicero : which r lactantius both citeth and hath approved . and the same cicero . ſ it is a filthy opinion of them , t who referre all things to themselves , filthy indeede , for man is borne for society , and it is his * duty to helpe others , and not live to himselfe onely : and for this cause cicero condemned the philosophers , because while they lacked one kinde of justice , and ( as x another holy man writes ) fulfilled indeede the greatest part of equity , not to hurt any , they offended against the other , because they forsooke the society of life , and so forsooke this part of justice , to profit when thou canst ; y dost thou not see how the world it selfe , the most beautifull of all workes doth binde it selfe with love ? we are z bound by the law of nature ( so sayes the interpreter of the law ) to be profitable every way : and the a same men deliver an equall defence of their owne and of strangers , but specially of confederates , from whom we must keepe off an injury ; and that this defence is both of divine and humane law . b plato thinkes , he ought to be punished that keepes not back an injury offered to another . now that which plato and these interpreters say of private citizens we may very well apply to princes and people : for what reason there is of a private man in a private city , there is the same in the publicke and universall city of the world , of a publique citizen , that is , of a prince , of the people of a prince : c as a private man hath relation to a private man , so a prince to a prince , saith baldus , d a man is a citizen to a man in the greater city , and borne for mutuall succour saith seneca . and because we are one body , if one member will hurt another member , it is meete the others should helpe that which is hurt , because it concerneth the whole , even that which hurteth , that the whole be preserved . so men should helpe men , for society cannot be preserved , but by the love and safety of the people . e vespatian cannot be approved who denies ayde , i know not to whom , upon this pretence , because the care of other mens affaires appertained not to him : for what good man is there who doth nothing but for his owne sake ? f cicero againe , even to g lazius king of persia , that he is not therefore just , because he doth nothing unjustly , unlesse also he defended the unjustly oppressed ; and by that meanes they obtained helpe , and bands of souldiers against the romans : for it is not a strange thing amongst men for a man to defend the estates and safety of men , h cicero had said the same ; he should have respect if not of the man , yet of humanity , which is due to every one from every one , for this very cause , because they are equally men : and humane nature the common mother of all men commends one man to another , i it is a noble example of the barbarous king of mauritania : who , when he heard that his enemie alfonso king of castile , was pressed and almost oppressed by the armies of his sonne , hee sent a hughe masse of gold unto alfonso , he himselfe went over with a great armie of souldiers into spaine , judging it a most unworthy thing that his sonne should expell his father from his kingdome ; adding withall , that the victory obtained , he would be an enemie againe unto the same alfonso . what ? doe i feare the barbarians , enemies also , and bringing gifts ? that the deed of an enemy should be taken in the worst sence ? doth k guiceardine say truth ; that these things are not done of any but in hope of some profit ? the saying of guicciardine is dispraised by noble mountaygn in those his noble examples ? i demand of what right it is ? it is a question , if any be bound by law to defend another , when he can ? and they seeme commonly to deny this and the l law sometimes saith , that we may without offence neglect other mens affaires : but our proper question is ; if any can thus justly defend another ? m wherein no man denieth just defence , even for the defence of a stranger it is lawfull to kill another , by the opinion which is approved of all doctors : n yea , the defence of him is approved , that neglects to defend himselfe , yea that refuseth to be defended by another ; whether a friend defend him or another , even an enemie : and thus it is called the rule of humanity , and so o a benefit to be conferred often times upon the unwilling . so also there be many other definitions . also they conclude by an argument , not firme enough that way , in another question : that a man may take money for defending another , which he should receive dishonestly , if he were bound to defend him by law : for may not a servant get a reward from him whom yet notwithstanding he might not neglect without punishment ? neither is it dishonestly given nor dishonestly taken , in way of thankefulnesse . p so it is not ill taken of a citizen from a citie , nor by a sonne from a father : for truely it is manifest , that many things cannot be done without offence ; and therefore if done they are worthy of rewards , yet not of punishment , if they be not done . againe , somethings on the contrary neglected , indeed contract offence , but reformed they merit not glory , so bernard : to which i adde a meane , that there be some things which being neglected contract offence , and fulfilled , deserve reward . q but also even in the court of conscience they will have a man to be bound to defend a man. r but conscience is the will of a good man , yea of the best : but they deliver this also even in the way of honesty : and we follow honesty here , and that arbiterment : ſ but both in civill and canon law , against the rest bartolus inclines thus : albericus , igneus , decius , alciatus , molineus , so teach : and t baldus elegantly , that it is a fault to omit the defence of another ; of himselfe , a treachery : which also in another place he determines . plato is also of this mind : and thus also u siracides : free him to whom injury is done , out of the hand of the injurious . i also am of the same minde , especially , if , which the forenamed interpreters adde , defence be not made with the danger of the defender . x for no man is bound to put himselfe in danger ; no man is bound so to assist against a fire . y otherwise thou hearest constantine say , that they which live by the rule of gods law , account an injury done to another , to be their owne . behold that thus also he ayded the romans against maxentius . heare againe baldus his lawyer , he that defends not , nor resists an injury , is as well in fault , z as he that forsakes his parents , or friends , or country : and if these be true in private men , how much more will they be in princes ? these mutually call themselves cosens , cosen-germans , brothers . they are so much the more true in princes , by how much if a private man defend not a private man , the majestrate remaines , that can both revenge the wrongs , and repaire the losses of private men , but there is none can peece up the injuries and hurts of princes , but the same prince , who after had rather apply a medicine to the evill , than hinder at the first that evill be not done . these things are true , but that also you may hold with a baldus that although these were not true out of philosophie of judgements , which is of things necessary : they are certainely true from philosophie of manners : which consists of things perswaded , which philosophie also we follow in this whole treatise . the philosophie of iudgements , permits a man to neglect even himselfe , as baldus writes , and if besides , as it falls out almost alwayes , another speciall cause be joyned to this generall rule of honesty , it may come neerer to justice . let the opinion verily be true for me , that this cause of honesty alone , perchance hath never moved any man to that honest defence . b guicciardines mouth sayd truely , no prince will make warre for pesants , unlesse perswaded with desire of his owne gaine : yet that is ignominous to princes and savours not of justice : but i had rather concurre with leo the philosopher . we know very few to keepe true love , for its sake alone to be stirred up to succour those that are intangled in misery , but on the contrary side , that the number is very great of those that for hope of getting any thing , come to helpe the unworthy : which is a more mild saying , and i thinke more true . but i seeke another thing , it is compleate justice which defends the weake : so d ambrose , and the canon law , and i seeke for that iustice . the romans also joyned this cause with others by which they were moved often times to make warre : e the defence of the lucans ( saith dionysius ) was the manifest cause of the samniticall warre , which might have a shew of honesty , as common , and a nationall custome of the romans to ayde those that fled unto them : but the secret cause which did more urge , was , the power of the samnites was great , and greater would it have beene , if the lucans had beene subdued , so the reason of profit lyes hid : and therefore seemes not so good , as it is honest : and yet we call profitable also , good and just , and the one is made just by the other : therefore what if they be deare unto us whom we should defend ? f vlpianus saith , that for love and friendship , for no other reason defence ought not to be omitted . the defence of those that ought to be deare unto us , is from nature , witnesse m. tullius . what , if our allies and confederates ? g he that keepes not of an injurie from his fellow when he can , is as well in fault , as he that doth it . ambrose , and h even we our selves are hurt when our fellowes are hurt : as in livie . i iohn bodin judgeth amisse , that an ally and a confederate is not bound to helpe his fellow , if there be no caution of helpe in the league ; and the contrary is now shewed by us , and also shall be shewed in the third booke . k what if they be of the same stocke and blood ? agesilaus made warre against the persians , that he might bring the greekes of asia into liberty . and the pettie kings of l germanie by an old custome of the nation , thinke it an haynous offence , not to be assistant to those that implore mutuall helpe : although there is there besides a certaine body of a common-wealth : as it is reported long since , that there was of the achai . what if of the same religion ? m nations are joyned together by the tye of religion , more than either by the communion of another law , or contract of a league : and therefore if we implore nature by communion , the law of nations by covenant , the common-wealth by lawes , by common religion ( the most powerfull thing of all ) we implore the bowels of men and of the holy one , who is the head of that communion . n so there was warre with the persians , because their fugitives were not delivered them , and they were not delivered by the romans , who would not dispise the humble professors with them of the same religion , who fled from the persian cruelty . thus justinus answered the persian , that he could not but receive those of the christian religion , falling away to him from the persian , who compelled them to forsake christian religion . and our writers doe thus resolve , that warre may be made if any converted to christian religion , should be oppressed by their lords , and that for the right of society contracted from conversion . what if neighbours ? p for what ? had i not very many , very just tyes of familiarity , of neighbourhood of country , of friendship to defend plancus ? saith cicero . and here is our case . q we are in danger if our neighbours house be on fire , for if fire have fiercely taken hold of some houses , they will hardly be defended but that the next houses will be burnt , which was elsewhere in salust , and now in ovid. s fire that is neere is hardly kept off from houses : it is good that we abstaine from neere adjoyned places : which verses are proverbiall in this thing ; and proverbes adde some credit . this notes something that as it is lawfull to pull our neighbours house downe , least the fire should come to us : and that question of a x house infected is the same , although touching this it is answered contrary : y yet the house infected with leprosie was pull'd downe z and in many cases it is so , that we may doe ill to others , that it be not ill with us . we must beware of all contagion , especially of our neighbours : the ill contagions of a neighbouring people are hurtfull . a the romans ( saith florus ) as a certaine infection ranne over all , and taking in all the neerest people , brought all italy under them , and whatsoever dominion they had b before fire is the vapour and smoake of the chimney , syracides also . so we see smoake from our neighbours fire , and will we not runne and put out the fire where it is ? it is c written againe , that it is lawfull for any to helpe his neighbour against an injury , yea , he seemes to be partaker of a fault , who doth not ayde his deadly foe , even speaking against help , nor yet desiring it . concerning which i have noted before , and will note further in the chapter following . chap. xvi . of ayding subjects that are strangers against their lord. i demand , if wee may justly defend subjects also that are strangers against their lord ? what if their cause also be unjust ? a ambrose noteth those three gods , iupiter , neptune , and pluto , have thus articulated , lest upon their intrenching on one anothers jurisdiction , they might make warre among themselves : they should not usurpe the rule of the sea , &c. b they say likewise , that we gods have this law , none of us will crosse the desire of him that willeth but wee yeeld alwaies one to another . which being the fictions of very wise men , are applyed unto princes of the earth . but even without any circumstance at all , the corinthians speake thus to the athenians : c we doe plainely deny that any is forbidden to punish his owne : for if thou shalt defend those that have offended , even your owne subjects will defend themselves from you . yet i thinke not subjects of other men are altogether strangers from that neerensse of nature , and union of society , you doe also cut off the unity of mankinde , whereby life is sustained , as excelently d seneca . and if we make not princes lawlesse , tyed to no lawes nor conditions : it is necessary , that there be some to admonish them of their duty , and may hold them fast bound ; which reason i expounded in the second booke of embassies . neither will i heere infer any confusion of kingdomes , or any inspection of one prince over another prince : neither doe i suffer those things to bee distinguished , which are most firmely glued together by nature , i meane , that kinred with all , among all . neither here otherwise may one prince have inspection over another prince , but such as may happen by every other warre , wherein one prince carries himselfe as a judge both of himselfe , and of another . if a question were among private men , it were most unjust to goe to a forraigne prince about it . also if there arise a difference betweene a private man and his soveraigne , there are magistrates appointed which may be sought unto . but when the controversie is touching the common-wealth , there neither are , nor can be any judges in the city . i call that a publike matter , when such , and so great a part of the subiects is moved , that now there is need of warre against those that defend themselves by warre . and as if those should come into part of the principality of the publike , and are peeres to the prince , who can doe so much as hee . e even as one king is said to be equall to another , who can resist another offering wrong , however greater , and more powerfull ; although i say not these things of the subjects themselves , unlesse it be in respect of forraigne princes , which will ayde the subject against their soveraigne , and who can ayde them no otherwise then in a controversie , as i have expounded , of the common-wealth . f and indeede , if the subjects be used more cruelly and unjustly , this opinion of defending is approved even of others , who both bring that laudable example of hercules , the lord of tyrants and monsters . there is also the example of constantine , who ayded the romans against maxentius , as i noted before . g we defend sonnes against injust fathers . adde now those golden sayings of h seneca . that being cut off , whatsoever it was , whereby he did cleave unto me , the society of humane right is cut off . if he doe not impugne my countrey , but is burdensome to his owne , and being bannished my countrey doth vexe his owne , yet so great naughtinesse of minde hath cut him off : although it maketh him not an enemy , yet hatefull unto mee . and the reason of the duty which i owe unto mankinde , is both more precious , and more powerfull with me , then that which i owne to one single man. thus verily ; or else we make all men forreigners to all princes , if we determine that they can doe according to their pleasure and lust . now what if the cause of the subject be unjust ? the foresaid authors deny , that men ought to ayde uniust forraigne subjects , least any by so ayding introduce the same law into his owne kingdome , which the corinthians did before . yea , i aristotle thinkes , that neither a wicked father is to be loved nor assisted with helpe . but this is false of a father , as i taught in a certaine disputation , perhaps it is more true , that those may be defended of us by war , who are unjust . for if it be a just warre which is to repulse a wrong , although they that repulse an injury , have given occasion to the warre : the same it seemes may be determined in the defence of others , even of subjects , for the same reason . surely there is that iniquity in warre , that it will make the same man to pronounce law to himselfe in his owne cause , or verily willing to pronounce it . vpon which pretence another prince may bring ayde on the contrary side , that things may more civelly be composed without warre . and this is that which k pyrrhus did when he came to ayde the tarentines against the romanes ; he admonished them first , that they would by their owne endeavour put an end to the controversie ; although neither the romans would not unjustly hearken unto the king ; or because they might deservedly suspect him , as being sent for by enemies , armed with enemies , ready to fight for enemies , and of kinne to enemies . l hee that stands armed with another , is said to bring helpe and ayde unto him ; neither is there neede to proove any thing against that at all . even he that armes himselfe , is beleeved to thinke upon warre . and m if he that is the friend of an enemie bee excluded from being a witnesse , much more from being a iudge . n for it is easier , if any be received for a witnesse then a iudge ; o the friend of my enemy is not presently ment my enemy , as neither my friends friend is my friend ; but there is a great suspition of them both , and of the friend of an enemy the more . but i returne to the question . p we are bound both to defend justly unjust sonnes against the cruelty of a father , or servants against the cruelty of a master ; and we laudably indeavour that by fury ( here is warre ) no not wicked men should be chastened and punished , for fury and warre have no measure . q and he that led by humanity or pitty , or any other approved and just cause , hath received another mans servant , is not bound by the statute of a corrupt servant , and that reception is accompted in the nature of good , &c. r even he is commended , who being angry with his servants committed them to be punished by another , this commendation being added , because he himselfe was angry . therefore a good prince will have the liberty of rage against his own subjects to be taken from him , being angry , as a good father , as a good master , and he will alwaies judge , that kingdomes were not made for kings , but kings for kingdomes , which is most true . this also of plato availeth , that we ought to use eloquence , chiefely to accuse our friends , to whom it is the best , thus to be drawn from future evils . and so i thinke that we may defend unjust forreigne subjects , yet to this end onely , for the keeping off immoderate cruelty and too severe punishment : ſ seeing it is not inhumane to doe good to those that have offended . yet i dare affirme , that this reason of bringing helpe doth seldome stand alone , but that another of necessity and profit may be pretended , or truely shewn , as is said before . behold now is the greatest question : if the english have justly ayded the hollanders because their cause was unjust , & the hollanders were even now subjects to the spaniards ? both which notwithstanding are false . it was said , that a warre was to bee undertaken upon that occasion , that a good peace might be obtained of the spaniard , which otherwise , as is thought , could not have beene had : t and so truly warre is lawfully undertaken , as u our men alledge : and the most wise reason of the physicians maketh for it , that if any feaver be slow which holds the body , and which yeelds to no cure , then the disease is to be changed , yea , to bee augmented and heightned . for when it doth not receive cure for the present as it is , it may receive that cure which is future . but even warre might have beene undertaken without that evill of an unfaithfull peace . as there be many bonds of neerenesse between the english and the hollander : the ancient friendship with the dukes of burgondy , the familiarity of these people , and the old consanguinity ; all the rest , which are noted at the end of the former chapter . and therefore with cicero , x they thinke not that the nocent are not to be defended , if they be the friends of a good man. adde one thing of great moment , that the hollanders overcome in warre , should altogether change their condition , and we see it in the conquered part , being for the most part , cast downe from their ancient liberty , and for the most part oppressed with garrisons , are governed now onely at the pleasure of the prince . but this our neighbours cannot endure . y neither is any other forbidden to favour libertie . but z it much behoveth neighbours to have a neighbour . a for if one man hath neede of another man , what shall we say that one neighbour is to another , saith a pindarus , and b callimachus : ill neighbours are odious to mee , and c some wise hebrew , the worst of all diseases is an ill neighbour : and another of the same nation , woe to the wicked , and woe to his neighbour . g and where may d morall fables be silent ? e an evill neighbourhood is like a mis-fortune ; h the vicinity of great men is alwaies to bee shunned of the weaker ; f good men receive good things from good neighbours , and evill men , evill things , &c. so * plato , and so th●mistocles ; when hee sold a piece of ground , hee commanded the crier to proclaime , that it had a good neighbour : which h interpreters note , to the law. and there bee many things of the same kinde . wherefore neither if these neighbouring subjects would change their condition , neither if by reason of a fault committed against their owne king , they be compelled to alter it , is another neighbouring prince compelled to suffer it , to whom neither another mans will nor offence ought to bring damage . the i venetian embassadors when they interceded for sigismund of maltesta , to pope pius the second , they spake even this , that neighbouring princes would not have another neighbour , whom furthermore they knew not , what he might hereafter be . and you may note , that sigismond held townes from the church , and for his committed offences , he ought worthily to lose them . perhaps some will doubt , whether these things be true in private mens causes . k for a private man seemes to have power to doe with his owne what he list , if it bee profitable to himselfe , and hurt not another . yet these things bee true thus in the causes of empires . for princes ought to take heed for the future , that another if he will , may not yet be able to hurt another , which is expounded in the treatise of profitable defence . l but even that rule , that it is lawfull for any to doe what he list with his owne , holds not otherwise ; then if the condition of a neighbour bee made neither worse nor more grievous thereby : although it be true that no man may take care of the gaine , which his neighbour made , and which was owing to him by no obligation . but even security , and a certaine singular conjunction of love from a neighbour , is due to empires : now this we know , what things are taken away when neighbours are changed . m and the same people is not the same that they were , if the common-wealth be not the same that it was . for it is not lawfull ( i say againe ) to doe all things with the subjects ; for that is not lawfull with the subjects which would be a hurt , and a danger to those that are no subjects . it is not lawfull to make fortes in his owne land , which may be terrible to those that are not his , as you shall heare in the third booke . therefore neither is it lawfull to doe with his owne , that which may be a terrour to others . o how ever these are called equivalent , to doe in his own place , and towards his own subjects . whether if my neighbour should place in his house gunnes , and other things against my house , may i neither be carefull for my selfe , nor stirre against my neighbour ? thus , thus were preparations made in holland ; and that great noble man , leicester , very wisely foresaw , that the defence of the hollanders , was very wholesome and necessary for the common-wealth , and he perswaded it to be undertaken , p least if the spaniards should break through that pale of europe , as then very wisely iustus lipsius , called it there should remaine no obstacle at all to their cruelty . and thus farre of warre defensive . thus , and much more this our learned professor of the civill law , albericus gentilis ; whose words i have thus largely transcribed ; because they not onely abundantly justifie the lawfulnesse of the parliaments present defensive warre in point of law , and their ordinances of association and mutuall defence , but likewise fully answer all the cavils and pretences of royalists and malignants against the progresse and managing of this warre , from principles of nature , law , humane reason , equity , and humane authorities . the lawfvlnes of the parliaments present defensive warre in point of divinity and conscience . the lawfulnesse and justnesse of the parliaments present necessary defensive warre , in point of common , civill , canon law , and policy , having been largely debated in the premises , because not hitherto discussed in that kinde by any , to my knowledge ; i shall in the next place proceed to justifie it in point of divinity and conscience ; wherein , though i shall be more concise then i intended , because sundry learned * divines , a in many late printed bookes , common in all mens hands have professedly handled it at large , and given good satisfaction unto many unresolved scrupulous consciences ; yet because this treatise may come into diverse hands , which have not perused their discourses ; and those whose judgements may be convinced by the legall , may still have some scruples of conscience resting in them , in reguard of the theologicall part , and because some things ( perchance ) in point of theology , which others have wholly omitted , may seasonably be here supplyed , to satisfie consciences yet unresolved of the justnesse of the present , and all other necessary defensive warres , i shall not over-sparingly or cursorily passe through it , without a competent debate . now lest the consciences of any should bee seduced , ensnared with generalities or cleere mistakes through the mis-stating of the points in question , with which devise , many have beene hitherto deluded by the opposites , who cumbate onely with their owne mishapen fancies , discharging all their gunshot against such tenets as are not in question , and no waies comming neere the white in controversie , i shal for my own orderly proceeding , and the better satisfaction of ignorant , scrupulous , seduced consciences , more punctually state the question , then formerly in the legall part ; first , negatively , next , positively ; and then proceede to its debate . take notice therefore . first , that this is no part of the question in dispute . whether the parliament , or any subjects who soever , may actually disobey , or violently with force of armes resist the kings , or any other lawfull magistrates just commands , warranted either by gods word , or the lawes of england ? it being out of controversie , readily subscribed by all of both sides ; that such commands ought not so much as to be disobeyed , much lesse forcibly resisted but cheerefully submitted to , and readily executed for conscience sake , rom. . . to . pet. . , . tit. . . hebr. . . iosh . . , . . ezra . . . eccles . , , , . the onely thing these objected scriptures prove , which come not neere the thing in question , though our opposites most rely upon them . secondly , neither is this any branch of the dispute : whether subjects may lawfully rise up , or rebell against their prince , by way of muteny , faction , or sedition , without any just , or lawfull publicke ground ; or for every trifling injury , or provocation offered them by their prince ? or whether private men , for personall wrongs ( especially where their lives , chastities , livelihoods are not immediatly endangered , by actuall violent , unjust assaults ) may in point of conscience , lawfully resist , or rise up against their kings , or any other lawfull magistrates ? since all disavow such tumultuous insurrections and rebellions in such cases : yet this is all which the oft objected examples of b korah , dathan , and abiram , with other scriptures of this nature , doe or can evince . thirdly , nor is this any parcell of the controversie . whether subjects may lay violent hands upon the persons of their princes , wittingly or willingly to deprive them of their lives or liberties , especially , for private injuries ; or in cold blood , when they doe not actually nor personally assault their lives or chastities ; or for any publike misdemeanours , without a precedent sentence of imprisonment , or death against them given judicially , by the whole states or realmes , where they have such authority to araigne and judge them ? for all unanimously disclaime , yea abominate such traitorous practises and iesuiticall positions , as execrable and unchristian : yet this is all which the example of davids not offering violence to king saul : the sam. . . to . cap. . . to . sam. . . to . or that perverted text of psal . . . ( the best artillery in our adversaries magazines ) truely prove . fourthly , neither is this the thing in difference , as most mistake it . whether the parliament may lawfully raise an army to goe immediately and directly against the very person of the king , to apprehend or offer violence to him , much lesse intentionally to destroy him , or to resist his owne personall attempts against them , even to the hazard of his life ? for the parliament , and their army too , have in sundry c remonstrances , declarations , protestations , and petitions , renounced any such disloyall intention or designe at all ; for which there is no colour to charge them ; and were his majestie now alone , or attended onely with his ordinary courtly guard , there needed no army nor forces to resist his personall assaults . yet this is made the principall matter in question by doctor ferne , d by an appeale to thy conscience , and other anti-parliamentary pamphlets ; who make this the sole theame of their discourses : that subjects may not take up armes against their lawfull soveraigne , because he is wicked and unjust ; no , though he be an idolater and oppressor : that , suppose the king will not discharge his trust , but is bent , or seduced to subvert religion , lawes , liberties , yet subjects may not take up armes , and resist the king , it being unwarrantable , and according to the apostle , damnable , rom. . yea , this is all the questions the g. valleers and malignants demand of their opposites in this cause . what ? will you take up armes ; will you fight against , or resist the king ? &c. never stating the question of his forces , his army of papists , malignants , delinquents , but onely of the king himselfe abstracted from his invading , depopulating forces , against whom , in this sence of theirs , the parliament never yet raised any forces , nor made the least resistance hitherto . these foure particulars then being not in question , i shall here appeale to the most malignant conscience : whether doctor ferne , and all other our opposites , pretenders of conscience , haue not ignorantly , if not maliciously , made shipwracke of their good consciences ( had they ever any ) by a wilfull mistating of the controversie , concerning the present defensive warre , in the foure preceding particulars , which they make the onely questions ; when not so much as one of them comes within the verge of that which is the reall controversie ; and never once naming that in all , or any of their writings , which is the point indeed ? secondly , whether there bee any one text or reason in all their pamphlets , particularly applied to any thing which concernes the present warre , but onely to these foure particulars , which are not in debate ? and if so , ( as no conscience can gaine-say it ) then there is nought in all the wast papers they have published , which may either resolve or scruple any conscience , that the parliaments defensive armes and resistance are unlawfull in point of divinity , or conscience , which is steered by the scriptures compasse . but if these particulars be not in question ; you may now demand , what the knot and true state of the present controversie , in point of conscience , is ? in few words , take it thus . whether both houses of parliament , and the subjects by their authority , for the preservation of their owne persons , priviledges , lawes , lives , liberties , estates , religion ; the apprehension of voted co●tumatious traitors , and delinquents , the rescuing his seduced majestie out of the power of popish pernicious counsellours and forces , who end avour the kingdomes subversion , by withdrawing him from , and incensing him against his parliament , may not lawfully with a good conscience , take up necessary defensive armes , and make actuall warlike resistance against his majesties malignant ill counsellors , and invading popish forces ( who now murther , rob , spoile , sacke , depopulate the kingdome in a most hostile manner , to set up tyranny , popery , and an arbitrary lawlesse government , ) in case they come armed with his personall presence , or commission , to execute these their wicked illegall designes ; especially , when neither the parliament nor their forces in this their resistance , have the least thought at all , to offer any violence , to the kings owne person , or to oppose his legall , iust soveraigne authority ? or shorter , whether the kings captaines and souldiers invading the parliament , and subiects , as aforesaid , the parliament or subjects ( especially when authorized by an ordinance of both houses ) may not with a safe conscience forcibly resist these malignants though armed with the kings illegall commissions , without his personall presence ; or with his presence and commissions too ? and for my part , i thinke it most evident , that they may lawfully resist , repulse them , even by divine authority . for the better clearing whereof , i shall premise these three undeniable conclusions . first , that no lawfull king or monarch whatsoever , ( much lesse the kings of england , who are no absolute princes ) have any the least authority from the lawes of god or man , personally by themselves , or instruments , to doe any injurie or iniustice to their subiects ; how much lesse then by open force to murther , rob , plunder , ravish , ruine , or spoile them of their lawes , liberties , estates , religion , all which is plentifully proved by law authorities , in the premises ; and punctually confirmed by these ensuing texts . ezech. , , . cap. . , . psalm . . . . isay . . to . sam . . isay . . cap. . . . . prov. . . . ezech. . . . . zeph. . . mich. . . to . sam. . . . . king. cap. . & . zeph. . . isay . . cap. . . cap. . . . cap. . . chron. . . ier. . . to . obad. . . to . rom. . . . . . pet. . . . and infinite scriptures more . secondly , that all subiects and persons whatsoever , are obliged both in point of law and conscience to disobey , resist , and not execute , the uniust illegall commissions , mandates of their kings , and other magistrates . this is evident by the midwi●es refusall to murther the hebrewes male-children at king pharoabs command , for which god blessed them , and built them houses , exod . . to . by balaams deniall to curse or defie the israelites , at king balacks intreaty . numb . . & . & . by the refusall of sauls guard and footmen to slay or fall on the priests a nob , by king sauls personall command , though present , and not onely their king but master too : sam. ● . . . by ionathans denyall to kill , or consent to the death of david upon sauls mandate , though not onely his soveraigne , but father , although he might have gained the crowne by it , and indangered his owne life by refusing it , sam. . . to . by sauls armour-beares forbearance to runne him thorow with his sword , when he fled before the philistimes , though he as his king and master enioyned him to doe it ; lest the uncircumcised should come and thrust him through and abuse him . sam. ● . . by mordechai his denyall to bend the knee to haman , the great favourite , though the king had so commanded , esther . . . . . . by shadrac● , meshach abodnego , and daniels refusall , to eat of the kings portion of meat and wine assigne● them , least they should be desiled , dan. . . to . by their peremptory resolution , not to fall downe and worship king nebuchadnezzars golden image , though twice strictly commanded by the king to doe it , and threatned to be cast into the fiery furance ( as they were ) for refusing it , dan. . to . by daniels disobeying the kings and lords jdolatrous decree , not to offer a petition to any god or man for . dayes , save of king darius , under paine of being cast into the lyons denne , dan. . . to . by the pharises and chiefe priests officers neglect to apprehend our saviour for his preaching , though enjoyned so to doe by their masters , iohn . . to . by the apostles refusall to give over preaching , and perseverance in preaching , notwithstanding the high priests and councels expresse inhibitions and doubled commands , seconded with apprehensions , imprisonments , scourgings ; and their direct resolutions in this very case , d that we ought to obey god rather then men , acts . . to cap. . . to the end . by peters preaching to , and conversing with the vncircumcised gentiles , notwithstanding the christian iewes dislike , acts . . to . with infinite presidents of this nature in ecclesiasticall histories ; the very sufferings of all the c martyrs depending on this ground alone : which is backed by matth. . . . . luc. . . . cap. . . . . . ezech. . . to . rev. . . to the end . rom. . . john . . . thess . . . . exod. . . josh . . psalm . . . to . thirdly , that as all kings illegall unjust commands are void in law , and will no waies extenuate the guilt , or justifie the actions of those instruments who execute them in point of law , as i havef formerly cleared ; so are they likewise meer nullities , and insufficient to excuse the executioners of them in point of conscience ; as is evident by , psal . . . where god threatens to destroy doeg the edomite , for ever , to take him away , plucke him out of his dwelling place , and root him out of the land of the living , for executing king sauls bloody command upon the priests at nob , sam. . by gods exemplary punishment upon those souldiers who by king nebuchadnezzars speciall command , bound the three children and cast them into the firy furnace ; who were slaine by the flames of the furna●e , though these three martyrs had no harme in the furnace it selfe , dan. . . to . by gods consuming the two captaines and their fifties with fire from heaven , who came violently to apprehend the prophet elijab by king ahaziah his commission , and unjust command , king. . to . by the precept of iohn baptist given to souldiers themselves , luke . . doe violence to no man : ( neither by the kings , nor generalls command ) neither accuse any falsely . by tim. . . lay hands sodainly on no man , ( no more in a violent , military , then an ecclesiasticall sense ) neither be partakers of other mens sinne● : compared with the next forecited scriptures ; with rom. . . math. . . psal . . . prov. . . to . oba● . vers . . to isay . . with isay . the leaders of this people cause them to erre , and those th●t are led of them are destroyed . what therefore saint iohn writes in another case , iohn . . if there come any unto you ( be he an archbishop , bishop , archdeadon , ferne himselfe , or any court chaplaine whatsoever , ) and being not this doctrine ; receive him not into your house , neither bid him god speed ; for he that biddeth him god speed , is partaker of his evill deeds : i shall apply to this particular of executing kings unjust commands against their people ; they are partakers of their kings wickednesse , if they do but intertaine their unjust commissions into their houses or bid them god speed ; much more if they execute them either voluntarily , or against their wills , out of an unworthy feare , or base respects . these three conclusions being irrefragable , my first argument to justifie resistance from them shall be this . that violence against the subjects persons , consciences , families , estates , properties , priviledges , or religion , which neither the king himselfe in proper person , nor any his officers , nor souldiers by command from him , have any autoritie by the lawes of god or man , in law or conscience to inflict : and which in conscience ought not to be obeyed , but rejected as a meere nulli●y , even by the instruments enjoyned for to execute it ; may justly with a safe conscience be resisted by the parliament and subjects ; there being not one syllable in gods word to contradict it . but the violence now offered by the kings forces to the parliament and subjects every where , is such . therefore it may justly with a safe conscience be resisted ; especially in the kings commanders and souldiers , who are neither the king himself , nor the higher powers ordained by god ; and no other then plain theeves and murtherers in law and conscience , if they plunder , kill , spoile ; their commissions being but nullities in both ; and they in this particular meere private men , without any authority to iustifie their actions , as i have already proved . secondly , that resistance which is warranted by direct precedents recorded , approved in scripture even by god himself , must questionlesse be lawfull in case of co●science : but the resistance even of kings , their highest magistrates , officers in the execution of their unjust commands is thus warranted . therfore , doubtles , it must be lawfull in point of conscience . the minor ( only questionable ) is thus confirmed . first , by the notable example of the prophet elijah , kings . . to . who sending backe king ahaziah his messengers ( sent by him to enquire of baal●zebub the god of ekron , whether hee should recover of his disease ) with an harsh message to the king , contrary to his command , which they disobeyed ; thereupon this king , in an angry fume , sent two captaines with . men apeece , one after another , to apprehend the prophet for this affront ; ( as g iosephus , with other interpreters accord , ) who comming with their forces to him , said ; thou man of god , the king hath said , come downe quickly . to whom he successively answered : if i be a man of god , then let fire come downe from heaven , and consume thee and thy fifty ; and there came fire from heaven thereupon , and consumed two captaines and their fifties : but the third captaine and his fifty , who humbled themselves to the prophet , and begged the sparing of their lives , were spared ; the angel of the lord bidding the prophet to goe downe with them to the king , and not be afraid . from which text it is infallible , even by a divine miracle from heaven , doubled by god himselfe ; that it is lawfull for subjects in some cases , to resist the unjust violence of the souldiers and captaines of their kings though armed with their regall commands . secondly , by the history of the prophet elisha , kings . , , . who when king ioram ( his soveraigne ) had sworne unjustly in his fury ; god doe so to me and more also , if the head of elisha shall stand on him this day ; and thereupon sent a messenger before him to elisha his house to take away his head ; the prophet was so farre from submitting to this instrument of his ; that he commanded the elders sitting then with him in the house , to looke when the messenger came , and shut the doore , and hold him fast at the doore , though the sound of his masters feet ( the king ) were behind him ; whom he stiles , the sonne of a murderer . might these two eminentest prophets thus openly resist the captaines , souldiers , and unjust executioners of their princes , with a good conscience ; and may not others lawfully doe the like ? no doubt they may . thirdly , ( if i bee not much mistaken ) this kind of resistance is warranted even by christ himselfe , and his apostles : for a little before his apprehention , christ uttered this speech unto his disciples , luke . , , . but now , he that hath no sword , let him sell his garment and buy one , &c. — and they said , lord , behold , here are two swords . and he said unto them , it is enough . why would christ have his disciples buy swords now , unlesse it were for his and their owne better defence , being the time when he was to be apprehended . h soone after this judas and his band of men sent from the high priests , with swords and staves came to seize upon christ . which when they who were about him saw what would follow : they said unto him ; lord , shall we smite with the sword ? his commanding them to buy swords now , was sufficient ground for this question , and intimation enough , that they might now use them : whereupon christ giving no negative answer ; one of them which were with iesus ( and john directly saith it was peter ) smote a servant of the high priest ( whose name was malchus ) and cut off his right eare . hereupon jesus answered and said , suffer yee thus farre : so i luke ; marke relates no answer at all reprehending this fact : k iohn records his speech to peter thus . then , said iesus unto peter , put up thy sword into the sheath . the cup which my father hath given me , shall i not drinke ? to which matthew addes , l thinkinst thou that i cannot pray to my father , and he shall presently give me more then twelve legions of angels ? but how then shall the scriptures bee fulfilled , that thus it must be ? so that the reason why christ bade peter thus to put up his sword ; was not because he thought defence of himselfe , and peters smiting now altogether unlawfull in it selfe ; but onely inconsistent with gods present providence , which it should seeme to crosse . christ was now by m gods eternall decree , and the scriptures prediction , ( which must be necessarily fulfilled ) to suffer death upon the crosse for our iniquities : should peter then , with the other disciples have totally resisted his apprehention at this time , and proceeded still to smite with the sword as they began , till they had rescued our saviour , he could not then have suffered , nor the scriptures be fulfilled : had it not beene for this speciall reason ( rendred by christ himselfe , to cleare all scruples against the lawfulnesse of selfe-defence in such cases , ) peter might still have used his sword to rescue his master from these catchpoles violence ; and if he and his fellowes had beene too weake to withstand them , christ was so farre from imagining that hee might not have lawfully defended himselfe ; that hee informes them , he could ( and would no doubt ) have presently commanded whole legions of angels from heaven , by his fathers approbation , to rescue him from unjust violence . and his speech to pilate , after his taking , plainely , iustifies the lawfulnesse of such a forcible defence with armes to preserve a mans life from unjust execution : iohn . if my kingdome were of this world , then would my servants fight ( in my defence and rescue ) that i should not be delivered to the iewes : but now my kingdom is not from hence . all which considered , clearely justifies , the lawfulnesse of resisting the kings , or higher powers officers , in cases of apparant unjust open violence or assaults ; and withall answers one grand argument against resistance from our saviours present example : namely , * christ himselfe made no resistance when hee was unjustly apprehended ; ergo , christians his followers ( ergo , no kings , no magistrates too , as well as christ the king of kings , and lord of lords , for they are christians as well as subjects ; ) ought not to make any forcible resistance of open violence : which argument is a meere inconsequent ; because the reason why christ resisted not these pursevants , and high priests officers , was onely , that his fathers decree , and the scriptures foretelling his passion might be fulfilled , as himselfe resolves ; not because hee deemed resistance vnlawfull , which he even then approved , though hee practised it not , as these texts doe fully proove . fourthly , the lawfulnesse of a defensive warre , against the invading forces of a soveraigne , is warranted by the example of the city abel ; which stood out and defended it selfe against ioab , davids generall , and his forces , when they besieged and battered it ; till they had made their peace , with the head of sheba who fled into it for shelter , sam. . . to . and by that of ester , ch. . . to . chap : . . to . pertinent to this purpose . where haman having gotten the kings decree , to be sent unto all provinces for the utter extirpation of the whole nation of the iewes , the king after hamans execution ( through gods great mercy , and mordecaies and queene esters diligence ) to prevent this bloody massacre by their enemies , granted to the iewes in every city , by letters under his seale , to gather themselves together , and to stand for their lives , to destroy , to slay , and to cause to perish all the power of the people and province that would assault them , both litle ones and women , and to take the spoile of them for a prey ; and that the iewes should be ready against the day , to avenge themselves of their enemies . hereupon when the day , that the kings commandment and decree ( for their extirpation ) drew neere to be put in execution , in the day that the enmies of the iewes hoped to have power over them ; the iewes gathered themselves together in their cities , throughout all the provinces of king ahasuerus , to lay hand on such as sought their hurt ; and no man could withstand them , for the feare of them fell upon all people : and all the rulers of the provinces , and the lieutenants , deputies , and officers of the king helped the iewes , because the feare of mordecai fell upon them : so the iewes smote all their enemies with the stroake of the sword , and slaughter , and destruction , and did what they would unto those that hated them . in the palace they slew eight hundred men , and hamans tenne sonnes , on severall dayes . and the other iewes that were in the provinces , gathered themselves together , and stood for their lives , and had rest from their enemies , and slew of their foes seventy and five thousand , but they laid not their hands on the prey . loe here a defensive war , justified , and granted lawfull , by the kings owne letters to the iewes , against their enemies , who by former charters from him , had commission wholly to extirpate them . neither had this licence of the king in point of conscience , been lawfull , had their defence and resistance of the kings former commission been wholly unlawfull . and the reason of the kings grant to them , to resist and slay their enemies , that would assault them ; was not simply , because their resistance without it , and standing for their lives , had beene unlawfull , by reason of the kings first unjust decree , which they ought not in conscience to submit to , without repugnancy ; but onely to enable the iewes , then captives , and scattered abroad one from another in every province , with more convenience , securitie , boldnesse , and courage now to joyne their forces together , to resist their malicious potent enemies ; to daunt them the more thereby ; nature it selfe , yea , and all lawes in such a bloody nationall butchery as this , without any just cause at all , both taught and enabled every one of the iewes , to stand for his life , his nations , religions , preservation , even to the last drop of blood . therefore the letters of the king did not simply enable them to resist their enemies , which they might have done without them ; but give them authority to destroy , and slay the wives and little children of their enemies , and to take the spoile of them for a prey ; which they refused to doe , because they deemed it unjust , notwithstanding the kings permission and concession , which as to these particulars , was illegall , and more then hee could justly grant . this generall nationall resistance of gods own people then of their assaulting cruell enemies , even among strangers , in the land of their captivity under a forraigne enemy , with the former and other following precedents , will questionlesse more then conjecturally prove , if not infallibly resolve , the lawfulnesse of a necessary defensive warre , and opposition by free subiects , against their kings assailing forces which seekes their ruine , though armed with their kings commission , and that without any ordinance of parliament authorising them to resist , much more then , when enabled to oppose them by ordinances of both houses ; as the iewes were to resist and slay their enemies by this kings letters and authority . thirdly , that kind of resistance which hath no one text , nor example in scripture to impeach its lawfulnesse , but many texts and precedents to countenance it , must doubtlesse be lawfull in point of conscience . but the resisting of kings invading pillaging , destructive forces ( who have nothing to plead ; to justifie all their villanies but a void illegall warrant ) hath no one text nor example in scripture to impeach its lawfulnesse , for ought i can finde ; ( and if there be any such , i wish the opposites would object it , for rom. . as i shall shew hereafter , doth no waies contradict , but approve it : ) but it hath many texts and precedents to countenance it ; as the premises and sequell attest : therefore it must doubtlesse bee-lawfull in point of conscience . fourthly , it is confessed by all men , ( yea those who are most intoxicated with an o anabaptisticall spirit , condemning all kind of warre , refusing to carry armes to defend themselves against any enemies , theeves , or pirates ) that it is lawfull not onely passively to resist their kings unlawfull commands , and invading forces , but likewise by flight , hiding , or other pollicies , to evade and prevent their violence ; which is warranted not onely by p moses , q davids , and r elijahs , their severall flights from the violence of the egyptians , saul , and iezabel , who sought their lives ; but likewise by s ioseph , mary , and christ himselfe , who fled into egypt to escape the hands and but chery of king herod ; by christs own direction to his disciples matth. . . but when they persecute you in this city , flee yee into another ; and that prediction of his matth. . . behold , i send unto you prophets , and wise men , and scribes , and some of them ye shall kill and crucifie , and some of them shall you scourge in your synagogues , and persecute them from city to city ; which was really fulfilled . acts . . . c. . . c , . . c. . , . c. . , to , c. . . to . c. . . c. . . . c. . , , . cor. . . . rev. . . of which reade more in tertullian his booke de fuga in persecutione . hence then i argue thus . that unjust violence of princes and their armies , which subjects with a safe conscience may decline and flee from , when as they want power , meanes , or convenience to resist it , they may no doubt lawfully resist even with force of armes , when they have sufficient meanes and conveniences to resist , and cannot flee or submit thereto , without the publicke ruine : since the same justice and equity , which enables them by flight or stratagem to decline unjust assaults of a superior power , or its judgements , doth likewise enable them to escape and prevent it with resistance , when they cannot doe it by flight or other policie : if then they may lawfully with a safe conscience hide , flee , or use lawfull policies , to prevent the open injust violence of their kings and their officers , when not guilty of any capitall crime deserving censures ; because by the very light of nature , and law of charity they are obliged to preserve themselves from unjust tyrannie ; and are no wayes bound to subject themselves to the cruelty , the unjust assaults , or oppressions of others : then by the selfesame reason , they may lawfully with force of armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto , when as they cannot conveniently secure themselves and the publicke , but by such resistance , and should both betray their owne , the publicke safety , and religion ( as the subjects and parliament should now do ) in case they did not resist by force of armes to the utmost of their power : and become t worse than . infidels , who have even thus oft provided for their owne and the republickes securitie . fiftly , god himselfe , the fountaine oft justice , the u god of x order , the y preserver of humane society who detests of all tyranny , z cruelty , oppression , injustice , out of his a philanthropie ( which brought the sonne of his bosome from heaven to earth ) would never certainely in point of policy or conscience prohibit that , which is the onely probable meanes and apparent remedy , to prevent , suppresse disorder , tyranny , cruelty , oppression , injustice , yea confusion in the world ; and to preserve good order and humane society : a truth so apparent , that no rationall man can contradict it . therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence , and hostile invasion made upon their people to ruine them , or subvert their established government , laws , liberties , iustice , religion : there being no other probable ordinary meanes left to any kingdome , nation , people , to preserve their government , lives , lawes , liberties , religion , and to prevent , suppresse , or redresse tyrannie , cruelty , disorder , confusion , yea utter ruine , when their kings and governors degenerate into tyrants , invading them with open force , but onely defensive armes : prayers and teares alone , without military opposition by force of armes , being no more able to defend a person , city or kingdome against oppressing princes and their armies , then against theeves , pyrates or common enemies ; whom they must and ought to resist , as well with armes as orisons , with speares as well as teares , b else they should but tempt the lord and destroy themselves ( like those c iewes and gothes who would not fight upon the sabbath , and so were slaine by their enemies without resistance : ) yea wilfully suffer the common-weale to be subverted , religion extirpated ; lawes trampled under feete , their own posterities to be enslaved , ruined without any opposition , even in a moment . for were it utterly unlawfull , and no lesse than treason or rebellion , in point of conscience for any subjects to take up defensive armes to resist the kings army , or forces , consisting for the most part of papists , delinquents , deboist athesticall persons of broken fortunes , feared consciences and most irreligious lives , i appeale to every mans conscience , how soone these unresisted instruments of cruelty would utterly extirpate our protestant religion , and common faith , for which we are enjoyned earnestly to contend and strive : jude . phil. . . . and shall we then yeeld it up and betray it to our adversaries without strife or resistance ? how sodainely would they ruin our parliament , lawes , liberties ; subvert all civill order , government ; erect an arbitrary lawlesse tyrannicall regency regulated by no iawes but will and iust ? how soone would they murther , imprison , execute our noblest lords , knights , burgesses , best ministers , and commonwealths-men for their fidelity to god , their king and country ? how many noble families would they disinherite ? how many wives , widdowes , virgins would they force and ravish ; what cities , what countries , would they not totally pillage , plunder , sack , ruine , consume with fire and sword ? how soone would our whole kingdome become an acheldama , a wildernesse , a desolation , and the surviving inhabitants either slaves or beasts , if not devils incarnate ? yea how speedy might any private officers , captaines , commanders , by colour of illegall commissions and commands from the king , or of their offices , and all the notorious rogues and theeves of england , under colour of being listed in the kings army , if the people might not in point of law or conscience resist them with armes who came armed for to act their villanies , maliciously rob , spoyle , plunder , murther all the kings leige people , without any remedy or prevention , and by this pretext , that they are the kings souldiers , sodainely seise and gaine all the armes , treasure , forts , ammunition , power of the realme , into their possessions in a moment ; and having thus strengthned themselves , and slaine the kings faithfull subjects , usurpe the crown it selfe if they be ambitious , as many private captaines and commanders have anciently slaine divers roman and grecian emperours , yea sundry spanish , gothish and moorish kings in spain by such practises and aspired to their crowns , ( of which there are sundry such like presidents in most other realmes : ) to prevent , redres , which severall destructive mischiefes to people , kingdome , kings themselves , god himselfe hath left us no other certaine , proper , sufficient remedy but a forcible resistance , which all kingdomes , nations throughout the world , haue constantly used in such cases , as i shall manifest more largely in the appendix . therefore certainely it must needs bee lawfull , being gods and natures speciall ordinance to secure innocent persons , cities , nations , kingdomes , lawes , liberties , lives , estates , religion , and mankinde it selfe , against the hurtfull lusts of unnaturall tyrants , and their accursed instruments , against ambitious , treacherous , male-contented spirits , maliciously bent against the publicke weale , and peace . there are two things onely which usually restraine inferiour persons from murthering , robbing , disseising , injuring one another ; the one is , feare of punishment by the magistrate ; the other , feare and danger of being resisted , repulsed with shame and losse of limbe or life by those they violently assault , injure ; and were this once beleeved , received for law or divinity in the world , that it were unlawful to resist , repulse a theefe , murtherer , riotor , or disseisor comming in the kings name , long enjoy his life , goods , liberty , lands , but some or other would deprive him of them notwithstanding all restraints of lawes , of penalties , and maintaine suites against him with his owne estate violently seised on ; the right of lawfull defence , being every mans best security , to preserve his life , estate , in peace against the violence of another , whence the wisdom of the common law , makes every mans house his castle , in the necessary defence wherof , and of his person , goods from the violence , rape of others , it gives him libertie to beate , repulse , yea kill injurious assailants : which right of defence if once denyed , would open a wide gap to all wickednesse , injustice , disorders whatsoever , and speedily bring in absolute confusion , subversion of all property , law , order . as for emperors , kings , great officers , and other ungodly instruments , armed with princes unjust commissions , who deeme themselves above the reach of humane lawes , censures , and accountable for their unjust actions to none but god himselfe , there is no other knowne barre or obstacle to hinder or restraine their armed violence , tyrannie , oppressions , but onely the feare of the oppressed assaulted subjects armed resistance ; which if once denyed to be lawfull , all royalties would soone be transformed into professed tyrannies , all kings & magistrates into tyrants , all liberty into slavery , property into communitie , and every one would thereby be exposed as a voluntary prey to the arbitrary cruelty covetousnesse , avarice , lusts , of the greatest men . therefore doubtlesse this armed resistance cannot but be lawfull , necessary , just , in point of law and conscience , to eschew these generall mischiefes . sixtly , all will readily grant it lawfull in case of conscience , for subjects to resist a forraigne enemie which invades them with force of armes , though animated by the king himselfe to such invasion ; and why so , but because they are their enemies , who would wrongfully deprive them of their native inheritance , liberties , estates , and worke them harme ; upon which ground , we read in the kings . . that when the moabites heard that the kings of israel , judah and edom came up to fight against them with a great army , they gathered all that were able to put on armour , and upward to withstand them , and stood in the border ; and when ever the midianites , philis●ines , syrians , babylonians , aegyptians , cananites or other enemies came to assault the jsraelites , they presently assembled together in armes to encounter and repulse them , as the histories of joshua , judges , samuel , the kings , chronicles , and nehemiah abundantly evidence , almost in every chapter . if then subjects may with a good conscience resist forragin enemies on this ground alone ; then likewise domestick foes and their kings own forces , when they become open enemies , to rob , kill , plunder , destroy them as inhumanely , as injuriously as the worst forraigne foes , there being the selfe same ground for the lawfulnesse of resistance of the one as the other , and if the ballance encline to one side more than other , an intestine enemie being more unnaturall , unjust , hurtfull , dangerous , and transgressing more lawes of the realme ( which obliege not strangers ) than a forraigner , and a civill warre being far worse , and more destructive than a forraigne ; the resistance of an homebred enemy , must be the more just and lawfull of the two , even in point of conscience . seventhly , the very law of god both alloweth and commands all men , to resist their spirituall enemies , with spirituall armes : jam . . resist the devill and he will flee from you , otherwise he would easily subdue and destroy us . pet. . . . be sober and vigilant , because your adversarie the devill as a rearing lyon walketh about seeking whom he may devoure : whom resist stedfast in the faith , ephes . . to . finally my brethren be strong in the lord , and in the power of his might : put on the whole armour of god , that ye may be able to stand against the wiles of the devill . for we wrestle ( or warre ) not against flesh and blood , but against principalities , against powers , against the rulers of the darknesse of this world , against spirituall wickednesse ( or wicked spirits ) in high places . wherefore take unto you the whole armour of god , that ye may be able to withstand in the evill day , and having done all , to stand : stand therefore having your loynes girded about with truth , &c. above all taking the sheild of faith , wherewith ye shall be able to quench all the fiery darts of the wicked ; and take the helmes of salvation , and the sword of the spirit , which is the word of god : praying alwayes with all prayer and supplication . hence christians are termed , souldiers of iesus christ , and christianity a warfare , against the world , the flesh , and prince of the world , the devill : tim. . , . cor. . . tim. . . iam. . pet. . . rom. . . cor. . . cor. , i say . . rev. . . . in which warfare , we must fight and resist even unto blood striving against sinne , heb. . . vsing not onely prayers and teares , but other spirituall weapons of warre , mighty through god , able to cast downe every high thing that exalteth it selfe , to bring into captivitie every thought to the obedience of christ , and to revenge all disobedience , cor. . . . . if then we may and must manfully resist , and fight against our spirituall enemies , though principalities , powers , rulers , wicked spirits in high places ; and the c prince of this world himself , the devill , when they assaut and seeke to devoure our soules : then by the selfesame reason , we lawfully with a safe conscience , may , yea ought to resist , repulse our corporall enemies when they maliciously , unjustly , forcibly assault us , against all rules of law , of conscience , to murther , enslave , destroy our bodies , soules , religion , the republicke , which must be dearest to us , though they be principalities , powers , rulers , wicked spirits in high places ; yea princes of this world ; with all their under officers and instruments of cruelty , not onely with prayers and teares , but corporall armes and force , because they unnaturally , tyrannically , seeke the destruction of our bodies , estates , liberties , republicke , religion , there being no inhibition in scripture , not to resist the one or other , but infinite texts authorising men , not onely to resist , but warre against , yea slay their malicious open enemies , untill they be sub●ued or destroyed , exod. . . . levi. . . . num. . . deut. . throughout . iosh . c . to c. . sam. . . to . chron. . . . esth . . . neither doe the texts of mat. . luk. . . but i say unto you , that ye resist not evill , but whosoever shall smite thee on the right cheek● , turne to him the other also , and him that taketh away thy cloake , forbid not to take thy c●ate also ; prohibit all actuall resistance of publick violence offered by enemies to our persons , goods , or lawfull defensive warres ; which precept ( as is cleare by the context , and resolved by d augustine , gratian , e alensis , and f others ) extends onely to some private injuries and revenges , and to the inward patient preparation of the mind to suffer two injuries , rather thē maliciously to revenge a single one , especially in cases where we want ability to resist ; not to an actuall bearing of all grosse outward injuries to our persons or estates , without resistance : which precept being given generally to all christians ; to kings and magistrates as well as subjects , if it be strictly urged , prohibits kings and magistrates to resist the violence and injuries of the people , as much as the people , not to repulse the armes violence and oppressions of their princes and governours : and that text of iames . . ye have condemned and killed the just , and he doth not resist you , ( which some thinke is meant of christ alone ) proves onely , that some just men , and many martyrs have beene condemned and killed without resistance , as our saviour was ; not that it is unlawfull to resist an open enemy , theefe or murtherer , who comes to kill , rob , or plunder us against law and conscience . i read of f saint andrew , that when the people can together in multitudes to rescue him out of the hands of a wicked man , and defend him from the injury of death , he teaching them both by word and exemple , exhorted them , not to hinder his martyrdome ; yet the people lawfully rescued innocent ionathan , from that unjust death which his father king saul twice vowed hee should undergoe : g some mens patient suffering death and injuries without resistance , is no better an argument , that all therefore must so suffer without opposition , then that all men ought to yeeld their purses up to high-way theeves , or their persons , goods , ships , to turkes and pyrates , without fight or resistance , because some , yea many have shamefully done it for want of courage when they were able to resist , and so have deservedly lost their purses , shippes , goods , liberties , and become turkish gally-slaves , to the ruine of their estates , bodies , soules , which miseries by a manfull just defence , they might have easily prevented . all which considered ; i see no ground in scripture , nor reason , but that temporall enemies of all kindes which wrongfully invade our persons or estates by open force of armes in a warlike manner , may be resisted with temporall weapons , as well as spirituall enemies with spirituall armes . eighthly , that which all nations in all ages by the very light of nature have constantly practised , as just and lawfull , must doubtlesse h be lawfull in point of conscience , if there be no law of god to the contrary . but selfe-defence against invading tyrants and their instruments hath by the very light of nature beene constantly practised , by all nations in all ages , as just and lawfull , which the premises , the appendix , the histories of all ages evidence ; theire being never any one nation or kingdome for ought i finde , that ever yet reputed it a thing unlawfull in point of conscience ; to resist the open malicious destructive tyranny , violence , hostility of their unnaturall princes , or that desisted from any such resistance , giving themselves up willingly to their outragious lusts and butcheries , without any opposition ( though some private men and martyres have sometimes done it , upon particular reasons , as to avoid the scandall of religion ; to beare witnesse to the truth , for the confirmation and conversion of others ; or for want of power or oportunity to resist ; or to avoyd a generall massacre of their fellow christians , or because they were onely a few private men ; and their religion directly opposite to the lawes and government under which they lived , or the like , not because they judged all resistance simply unlawfull , as i blinde doctors falsey informe us , which i shall prove hereafter ; ) and there is no law of god at all to prohibite such resistance : therefore doubtlesse it must be lawfull , even in point of conscience . ninthly , that which is directly opposite to what is absolutely illegall , and unjust in point of conscience , and the chiefe law full obstacle and remedy , to prevent or redresse it , must certainely be just , be lawfull in the court of conscience , since that which is directly opposite to that which is simply ill , and unjust , must necessarily be good and just . but necessary just defence by force of armes , is directly opposite to that open armed violence , and tyranny which is absolutely illegall and unjust in point of conscience , and the chiefe lawfull remedy and obstacle to prevent or redresse it : as reason , experience and the premises evidence . therefore it must necessarily be just and lawfull , even in the court of conscience . tenthly , that resistance which doth neither oppose the kings royal person , nor lawfull authority ; must certainely be lawfull in point of conscience : but the resistance of the kings forces not accompanied with his person , in the execution of his unjust commands ; is neither a resistance of his royall person , ( for that is absent , and his cavalliers i hope are no kings , nor yet invested with the priviledges of kings ; nor yet of his lawfull authority ; ) his illegall commissions and commands , being meere nullities in law , transferring no particle of his just authority to those who execute them . therefore it must certainely be lawfull in point of conscience . eleventhly , that resistance which is the onely remedy to keepe not onely kings themselves , but every one of their officers and souldiers from being absolute tyrants , monarchs ; and the denyall whereof , equalizeth every souldier , and particular officer to kings , yea god himselfe ( whose prerogative only it is to have an * absolute unresistable wil ; ) must doubtlesse be lawful in the court of conscience . but this necessary defensive resistance now used by the parliament and subjects , in such : for if they may not resist any of the kings officers or souldiers in their plunderings , rapines , fierings , sackings of townes , beating , wounding , murthering the kings leige people and the like ; will not every common souldier and officers be an absolute tyran , equall in monarchie to the great turke himself , and paramount the king , who hath no absolute irresistable soveraignety in these particulars ? either therefore this resistance must be granted , not onely as lawfull , but simply necessary , else every officer and common souldier wi●l be more than an absolute king and monarch , every subject worse than a turkish slave , and exposed to as many uncontrolable soveraignes , as there are souldiers in the kings army , be their conditions never so vile , their qualitie never so mean , and the greatest peeres on the parliaments party , must be irresistably subject to these new absolute soveraignes lusts and wills . twelfthly , if all these will not yet satisfie conscience in the lawfulnesse the justnesse of the parliaments and peoples present forcible resistance of the kings captaines and forces , though armed with an illegall commission ( which makes nothing at all in the case , because voyd in law ) there is this one argument yet remaining which will satisfie the most scrupulous , malignant , opposite conscience : that necessary forcible resistance which is authorised , and commanded by the supreamest lawfull power and highest soveraigne authority in the realme , must infallibly be just and lawfull , even in point of conscience , by the expresse resolution of rom. . and our opposites owne confession ; who have k no other argument to prove the offensive warre on the kings part lawfull , but because it is commanded ; and the parliaments and subjects defensive armes unlawfull , but because prohibited by the king , whom they salsely affirm ? , to be the highest soveraigne power in the kingdome , above the parliament and whole realme collectively considered . but this resistance of the kings popish malignant , invading forces ; is authorized and commanded by the expresse votes and ordinances of both houses of parliament , which i have already undeniably manifested , to be the supreamest lawfull power , and soveraignest authority in the realme , paramount the king himselfe , who is but the parliaments and kingdomes publicke royall servant for their good : therefore his resistance must infallibly be just and lawfull , even in point of conscience . thus much for the lawfulnesse in court of conscience of resisting the kings unjustly assaulting forces , armed with his commission : i now proceede to the justnesse of opposing them by way of forcible resistance when accompanied with his personall presence . that the kings army of papists and malignants , invading the parliaments or subjects persons , goods , lawes , liberties , religion , may even in conscience bee justly resisted with force , though accompanied with his person , seemes most apparently cleare to me , not only by the preceeding reasons , but also by many expresse authorities recorded , and approved in scripture , not commonly taken notice of : as , first , by the ancientest precedent of a defensive warre that we read of in the world , gen. . . to . where the five kings of sodom , gomorrah , admah , zeboiim , and zoar , rebelling against chedolaomer king of nations , after they had served him twelve yeeres , defended themselves by armes and battle against his assaults , and the kings joyned with him : who discomfiting these five kings , pillaging sodom and gomorrah , and taking lot , and his goods along with them as a p●e● : hereupon abraham himselfe , the father of the faithfull , in defence of his nephew lot , to rescue him and his substance from the enemie , taking with him . trained men of his owne family , pursued chedorlaomer , and the kings with him , to dan , assaulted them in the night , smote and pursued them unto hoba , regained all the goods and prisoners with his nephew lot , and restored both goods and persons freely to the king of sodom , thereby justifying his and his peoples forcible defence , against their invading enemies , in the behalfe of his captivated plundred nephew and neighbors . secondly , by the example of the israelities , who were not onely king pharaoh his subjects but bondmen too , as is evident by exod , ch . . to . deut. . . c. . . c. . . c. . . c. . . ezra . . . now moses and aaron being sent by god to deliveer them from their aegyptian bondage , after . yeares captivity , under colour of demanding but three dayes liberty to goe into the wildernesse to serve the lord , and pharoah , ( notwithstanding all gods miracles and plagues , ) refusing still to let them depart , till enforced to it by the slaughter of the egyptians first borne ; as soone as the israelites were marching away , pharaoh and the aegyptians , repenting of their departure , pursued them with their chariots and horses , and a great army even to the red sea , to reduce them ; here upon the israelites being astonished and murmuring against moses , giving themselves all for dead men ; moses sayd unto the people feare ye not , stand still , and see the salvation of the lord , which he will shew to you this day : for the aegyptians whom you have seene to day , ye shall see them againe no more for ever , the lord shall fight for you , &c. and hereupon god himselfe discomfited routed , and drowned them all in the red sea : i would demaund in this case , whether the isralites might not here lawfully ( for their owne redemption from unjust bondage ) have fought against and resisted their lord , king pharaoh , and his invading host , accompanied with his presence , had they had power and hearts to doe it , as well as god himselfe , who fought against and destroyed them on their behalfe ; if so , ( as all men i thinke must grant , unlesse they will censure god himselfe ) then a defensive warre in respect of life and liberty onely , is just and lawfull even in conscience , by this most memorable story . thirdly , by that example recorded iudges . . . . where god growing angry with the israelites for their apostacie and idolatry , sold them ( here was a divine title ) into the hands of cushan-rishathaim king of mesopotamia , and the children of israel served him . yeares . here was a lawfull title by conquest and yeeres submission seconding it . but when the children of israel cryed unto the lord , the lord raised up a deliverer to them even othniel , the sonne of kenaz : and the spirit of the lord came upon him , and he went out to warre , and the lord delivered cushan-rishatiam king of mesopotamia into his hands , and his hand prevailed against him , so the land had rest . yeeres . loe here a just defensive warre approved and raised up by god and his spirit ( in an ordinary manner only , as i take it , by encouraging the instruments ) wherein a conquering king , for redemption former liberties , is not onely resisted but conquered , taken prisoner , and his former dominion abrogated , by those that served him , as conquered subjects . fourthly , by the example of ehud , and the israelites , iudges chap. . . to where we finde , god himself strengthning eglon king of moab against the israelites for their sinnes , who thereupon gathering an army smote israel , possessed their cities , so as the israelites served this king . yeeres . here was a title by conquest , approved by god , submitted to by the israelites : yet after all this , when the children of israel cryed unto the lord , he raised them up a deliverer , namely ehud , who stabbing eglonn the king in the belly , under pretext of private conference with him , and escaping ; he therupon blew the trumpet , commanded the israelites to follow him to the warre , slew ten thousand valiant men of moah , which he subdued , and procured rest to his country . yeeres . god , his spirit , word , approving this his action . fifthly , by the example of barack and deborah , iudges ch . . and . where god selling the children of israel for their sinnes into the hand of iabin king of cannan ; and his captaine sisera , for . yeeres space , during which he mightily oppressed them , hereupon barack , at the instigation of the prophetesse deborah , by the command of the lord god of israel , gathered an army of ten thousand men ; which sisera , and the king of canaan hearing of ; assembled all their chariots and army together , at the river of kishon , where the lord discomfited sisera and all his host , with the edge of the sword before barack his army , and subdued iabin the king of canaan , before the children of israel : which warre is by a speciall song of deborah and barack highly extolled , and god in it , as most just and honorable : and this curse denounced against those that refused to assist in it , iudges . . curse ye meroz ( saith the angel of the lord ) curse ye bitterly the inhabitants thereof , because they come not out to the helpe of the lord , to the helpe of the lord , against the mighty ; with this corolary ; so that thine enemies parish o lord : but let them that love thee be as the sunne when it goeth forth in his might . what more can conscience desire to justifie the lawfulnesse of a just defensive warre ? sixthly , by the example of gideon and the israelites , iudges c. . who being delivered by god into the hands of the prince of midian for seven years , gideon by speciall incouragement and direction from god himselfe , with a poore despicable army of . men , defeated the great hoast of the midianites , and tooke and slew their princes . by these last pregnant presidents , it is most evident , that a forraigne king who hath gained a title onely by conquest ( though with divine concurrence , by way of punishment for that peoples sinne ) may lawfully be resisted , repulsed , even after some yeares forced subjection and submission to him , by the people conquered , to regaine their former liberties . seventhly , by the precedent of abimelech king of shechem , who being elected king by the voluntary assents of the people , god afterwards sending an evill spirit of division between abimelech and the men of shechem ; thereupon they revolted from him , and chusing gael for their captaine , fortified the city against him ; and when abimelech came with an army to take in the towne , they in their defence , went forth and fought with him ; resisted his seige ; and they of the tower of shechem standing upon their guard refused to surrender it after the towne was surprised , and so were burnt . after which comming too neare the wals , at the tower of thebez assaulted by abimelech he had his braines and head so bruised with the peece of a milstone cast downe upon him by a woman , that he called hastily to his armour-bearer , and said unto him , draw thy sword and slay me , that men say not of me ; a woman slew him : whereupon he thrust him through , that he dyed : and so every man departed to his place . thus god rendred the wickednesse of abimelech , and all the evill of the men of shechem upon their own heads , iudges . so the text. eightly , by the example of iepthah , who after that god had sold the israelites for their idolatry into the hands of the children of ammon . yeeres space , iepthah being made head and captaine by the elders and people of gilead , first argued the case with the king of ammon touching the unjustnesse of his warre upon them , desiring god to be iudge betweene them ; and then by gods assistance , smote and subdued the ammonites and their cities , judg. c. . and so cast off their yoake . ninthly , by the practise of sampson , who after god had delivered the isra●lities into the hands of the philistimes who ruled over them forty yeares space , did by gods extraordinary assistance oft encounter , slay and resist the philistimes , rescuing the oppressed israelites from their vassalage ; and at his death slew more of them then in his life , iudg. c. . to . which deliverance was afterwards perfected by samuel , sam. . and approved , nay , wrought by god. tenthly , by the example of david , who being persecuted by fedifragous dissembling king saul his father-in-law ( a notable patterne of the inconstancie and invaliditie of kings solemnest oathes and protestations : ) who contrary to many solemne vowes and feighned reconciliations , sought unjustly to deprive him of his life ; thereupon david retired from the court , entertained a guard of foure hundred men , and became a captaine over them , sam. . . after which abiather escaping to him from nob when the priests there were slaine by doeg , upon saules command , for davids sake , david used these words to him . abide thou with me , feare not , for ●e that seeketh thy life seeketh my life , but with me thou shalt be in safeguard . sam. . . soone after the philistimes beseiging keilah , david by gods encouragement , smote them and saved keilah ; intending there to secure himselfe and his men : which saul hearing of , said ; god hath delivered him into my hands ; for he is shut in by entring into a towne which hath gates and barres , whereupon he called all the people together to beseige david and his men : ( which he needed not doe , did he or any else beleeve , that they would not , ought not to have made any forcible resistance : ) david informed hereof ; enquired seriously of god , whether saul would certainely come downe ? and demanded twice of him : will the men of keila deliver me and my men up into his hand ? and the lord said , they will deliver thee up . had not david and his men resolved to fortifie and defend themselves there , if the men of keilah would have beene faithfull to them , and beleeved they might have resisted saul with his forces , certainely he would never have presumed to aske such a question twice together of god himselfe , to receive his resolution therein , neither would god have vouchased an answere thereto : but his double inquirie , and gods resolution , infallibly demonstrate his intention to resist , and the lawfulnes of his defensive resistance , would the keilites have adhered to him . this the very next words fully cleare , sam. . . then david and his men , about six hundred arose , and departed out of keilah , and went wheresoever they could goe , and it was told saul , the david was escaped from keilah : gods prediction of the keilites treachery was the onely cause of their departure thence , where they had resolved to defend themselves , of which hope being disappointed beyond expectation , they want whither soever they could goe . after which david and his men being but few in number , not able in humane probability , without tempting god , to encounter sauls great forces , retired themselves into woods , mountaines , rocks , strong holds , wildernesses ; where saul pursuing them , they still declined him : but had he and his army ever assaulted them , no doubt they would and might lawfully have defended themselves , else why did they joyne themselves in a body ? why retire to strong holds , and places of advantage ? why * twice urge david to kill saul in cold blood , when he did not actually assault him , but came causually unawares within his danger ? why did david himselfe , say , even when he spared his life when he was a sleepe , sam. . . as the lord liveth , the lord shall smite him , or his day shall come to dye , or he shall descend into battell and perish ? but that if he had given him battle , he might have defended himselfe against him , though saul should casually or wilfully perish in the fight ? and why was david so importunate to goe up against him with king achish to the battle wherein he perished , sam. . were resistance of him , in case he assaulted him , and his forces utterly unlawfull ? this precedent of david then , if rightly weighed , is very punctuall to prove the justnesse of a defensive warre , ( of which more anon ) and no evidence at all against it . eleventhly , by the practise of the tribes : who after their revolt from rehoboam for giving them an harsh indiscreet answere to their just demands , setting up another king and kingdome , even by divine approbation ; rehoboam thereupon raising a great army to fight against and reduce them to his obdience ; god himselfe by semaiah the prophet , sent this expresse inhibition to rehoboam and his army : thus saith the lord , ye shall not go up , nor fight against your brethren returne every man to his house , for this is done of me : whereupon the obeyed the word of the lord and returned : kings . chron. c. . and . after which long warres continued betweene these kingdomes by reason of this revolt , wherein the ten tribes and kings of israel still defended themselves with open force , and that justly , as the scripture intimates chron. . . though that ieroboam and the israelites falling to idolaty , were afterwards ( for their idolatry , not revolt ) defeated by abiah and the men of iudah , who relied upon god , chron. . twelfthly , by the example of the king of moab and his people , who rebelling against iehoram king of israel , and refusing to pay the annuall tribute of lambes and rammes , formerly rendred to him ; hereupon iehoram , iehoshaphat , and the king of edom raising a great army to invade them , the moalites hearing of it , gathered all that were able to put on armour , and upward , and stood in the border to resist them . king. to . and by the practise of the ed●mites , who revolting from under the hand of iudah , made a king over themselves : whereupon ioram king of iudah going up with his forces against them to zair , they encompassed him , in their owne defence ; and though they fled into their tents , yet they revolted from iudah till this day , and libnah too , kings . . . thirteenthly , by the example of samaria , which held out . yeeres siege against shalmazezer king of assyria , notwithstanding their king hoshea had by force submitted himselfe and his kingdome to him , and became his servant . kings . . to . c. . . . fourteenthly , by the practise of godly hezechiah , who after the lord was with him and prospered him whethersoever he went , rebelled against the king of assyria , and served him not ( as some of his predecessors had done ) kings . . whereupon the king of assyria , and his captaines comming up against him with great forces , and invading his country , he not only fortified his cities , and encouraged his people manfully to withstand them to the utter most , but actually resisted the assyrians even by divine direction and encouragement ; and upon his prayer , god himself by his angel for his and jerusalems preservation , miraculously slew in the campe of the king of assria in one night , an hundred fourescore and five thousand mighty men of valour , captaines and leaders ; so as he returned with shame of face to his owne land , king. c. . and . chron. c. . i say c. . and ● . an example doubtlesse lawfull beyond exception , ratified by god himselfe and his angel too . fifteenthly , by the examples of king iehoiakim , and jehoiakin , who successively rebelling against the king of babylon who subdued and put them to a tribute , did likewise successively defend themselves against his invasions , seiges though with ill successe , by reason of their grosse idolatries and other sins . ( not of this their revolt and defence to regaine their freedomes condemned only in ze●echia , for breach of his * oath ; ) whereby they provoked god to give them up to the will of their enemies , and to remove them out of his sight , king. c. . & chr. . ier. c. . & & . finally , by the history of the maccabees and whole state of the iews defensive wars under them , which though but apochryphall in regard of the compiler , yet no doubt they had a divine spirit concurring with them in respect of the managing and actors in them . i shall give you the summe thereof , very succinctly . antio●us epiphanes conquering ierusalem , spoyled it and the temple , set up heathenish customes and idolatry in it , subverted gods worship destroyed the bookes of gods law , forced the people to forsake god , to sacrifice to idols slew and persecuted all that opposed , and exercised all manner of tyranny against them . hereupon mattathias a priest and his sonnes , moved with a godly zeale , refusing to obey the kings command in falling away from the religion of his fathers , slew a iew that sacrificed to an idoll in his presence , together with the kings commissary , who compelled men to sacrifice , and pulled downe their idolatrous altar ; which done they fled into the mountaines , whither all the well-affected iewes repaired to them . whereupon the kings forces hearing the premises pursued them , and warred against them on the sabbath day ; whereupon they out of an over-nice superstition o least they should prophane the sabbath by fighting on it when assaulted , answered them not , neither cast a stone at them , nor stopped the places where they were hid , but said , let us dye all in our innocencie ; heaven and earth shall testifie for us , that your put us to death wrongfully , whereupon they slew both them , their wives , and children , without resistance , to the number of a thousand persons . which mattathias and the rest of their friends hearing of , mourned for them right sore , and said one to another ( marke their speech ) if we all doe as our brethren have done , and fight not for our lives , and lawes against the heathen , they will now quickly roote us out of the earth ; therefore they decreed , saying ; whosoever shall come to make battle with us on the sabbath day , we will fight against him , neither will we doe all as our brethren , that were murthered in their secret places . whereupon they presently gathered and united their forces , assaulted their enemies , recovered their cities , lawes , liberties ; defended themselves manfully , and fought many battles with good successe against the severall kings who invaded and layd claime to their country , as you may reade at large in the bookes of maccabees . all these examples , ( most of them mannaged by the most pious , religious persons of those dayes , prescribed and assisted by god himselfe , whose spirit specially encouraged , strengthned the hands and spirits of the undertakers of them ( as p osiander well observes , ) and therefore cannot be condemned as unjust , without blasphemy and impiety : ) in my opinion are a most cleare demonstration of the lawfulnesse of a defensive warre ( in point of divinity and conscience ) against kings and their armies who wrongfully invade or assault their subjects , though themselves be personally present in their armies , to countenance their unlawfull warres ; and likewise evidence , that a royall title gotten forcibly by conquest onely , though continued sundry yeares , is not so valid in point of conscience , but that it may be safely questioned , yea rejected ; there being no true lawfull title of soveraignety over any people , but that which originally depends upon their owne free election , and unconstrained subjection simply considered , or which is subsequently seconded therewith after a possession got by force or conquest . now that the kings personall presence cannot justifie the unjust actions , or protect the persons of those that assist him in any unlawfull action contrary to the lawes of god , or the realme , is a truth so evident , that it needes no proofe , it being no part of the kings royall prerogative or office , but diametrally repugnant to it , either to doe injury himselfe , or to authorize , or protect others in committing it , as i have elsewhere proved at large . therefore it can administer no patronage nor defence at all to those who accompany his person in the unjust invasions of his subjects , nor dis-able them to defend or repulse their unjust assaults and rapines . for suppose a king should so farre degenerate and dishonour himselfe , as personally to accompany a packe of theeves who should rob his subjects on the high way , break up their houses in the night , or practise piracie on the sea , or commit rapes or murthers on his people every where ; i thinke no man so voyd of reason , law , conscience , but would readily grant , that the subjects in all these cases might lawfully defend themselves by force against these robbers , theeves , murtherers , notwithstanding the kings presence or association with them , whose personall prerogatives , and immunity from assaults or violence being incommunicable , underivable to any other , and peculiar to himselfe alone , he can transfere no such protection to others who accompany him in their injurious practises ; and that these acts of theirs are direct fellonie and murther , for which they might be justly apprehended , condemned , executed , though thus countenanced by the kings owne presence . and if this be truth ( as our law-bookes resolve , and the scripture to in places forecited ) the kings presence can no more deprive the subjects of their necessary just defence against his popish forces , assaults , nor justifie their proceedings , or the present unjust offensive warre , then in the former cases , there being the selfe-same reason in both ; warres being in truth , but greater and more detestable murders , and robberies , when they are unjust , as q cyprian , r augustine , with s others rightly define . thirdly , personall unjust assaults and violence even of kings themselves may in some cases lawfully be resisted by subjects ; this doctor ferne himselfe acknowledgeth , sect. . p. . personall defence is lawfull against the sudden ( much more then against the premeditated ) and illegall assaults of such messengers of the king ; yea , of the prince himselfe thvs farre , to ward his blowes , to hold his hands and the like : not to endanger his person , not to returne blowes ; no : for though it be naturall to defend a mans selfe , yet the whole common-wealth is concerned in his person : the king therefore himselfe , ( much more in his cavalliers ) may thus farre at least safely be resisted in point of conscience . and that he may be so indeed is manifest by two pregant scripture examples , the first is that of king saul , sam . . to . where ionathan and his armour-bearer , routing the philistimes whole army , violated his father sauls command , of which he was wholy ignorant in taking a little honey one the end of his sticke in the pursuite ; hereupon king saul , most rashly and unjustly vowed twice one after another , to put him to death : whereupon the people much discontented with this injustice , were so farre from submitting to the kings pleasure in it , that they presently said to the king : shall jonathan dye , who hath wrought so great salvation in israel ? god forbid : as the lord liveth there shall not one haire of his head fall to the ground , so the people , rescved jonathan that he dyed not ; though he were not onely king sauls subject , but sonne too . indeede it appeares not in the text , that saul offered any violence to ionathans person , or the people to sauls : and it may be the peoples peremptory vow and unanimous resolution to defend jonathan , from this unjust sentence of death against him , made saul desist from his vowed bloody intendment : but the word rescued , with other circumstances in the story , seeme to intimate , that ionathan was in hold to be put to death , and that the people forcibly rescued him , out of the executioners hands . however , certainely their vow and speeches declare , that if saul himselfe or any other by his commanded had assaulted ionathan to take away his life , they * would have forcibly resisted them and preserved his life , though with losse of their owne , beleeving they might lawfully doe it , else they would not have made this resolute vow ; nor could they have performed it , had saul wilfully proceeded , but by a forcible rescue and resistance of his personall violence . the other is that of king vzziah , chron. . . to . who presumptuously going into the temple against gods law , to burne incense on the altar , azariah the high priest , and with him fourescore priests of the lord , that were valiant men went in after him , and withstood ( or resisted ) vzziah the king ; and said unto him ; it appertaineth not unto thee vzziah to burne incense unto the lord , but to the priests the sonnes of aaron , that are consecrated to burne insence : go out of the sanctuary for thou hast trespassed , neither shall i● be for thine honour from the lord god. then vzziah was wroth , and had a censor in his hand to burne incense , and whiles he was wroth with the priests , the leprosie rose up in his forehead : and azariah , and all the priests looked upon him , and behold he was leprous in his forehead : and they thrvst him ovt from thence ; yea himselfe hasted also to goe out , because the lord had smitten him . if then these priests thus actually resisted king vzziah in this sinfull act , thrusting him perforce out of the temple when he would but offer incense ; much more might they , would they have done it , had he violently assaulted their persons . if any king shall unjustly assault the persons of any private subjects , men or women , to violate their lives or chastities ( over which they have no power ) i make no doubt , that they may and ought to bee resisted , repulsed , even in point of conscience , but not slaine ; though many kings have lost their lives , upon such occasions : as s rodoaldus the . king of lumbardy anno . being taken in the very act of adultery by the adulteresses husband , was slaine by him without delay ; and how kings attempting to murther private subjects unjustly , have themselves beene sometimes wounded , and casually slaine , is so rise in stories , that i shall forbeare examples : concluding this with the words of t iosephus , who expressely writes . that the king of the israelites ( by gods expresse law , deut. . ) was to doe nothing without the consent of the high priest and senate , nor to multiply money and horses over much , which might easily make him a contemner of the lawes ; and if he addicted himselfe to these things more than was fitting . he was to be resisted , least he became more powerfull then was expedient for their affaires . to these authorities , i shall onely subjoyne these . undeniable arguments to justifie subjects necessary defensive wars , to be lawful in point of conscience against the persons and forces of their injuriously invading soveraignes . first , it is granted by all as a truth irrefragable , that kings by force of armes may justly with safe conscience , resist , repulse , suppresse the unlawfull warlike invasive assaults , the rebellious armed insurrections of their subjects , upon these two grounds , because they are u unlawfull by the edicts of god and man ; and because kings in such case , have no other meanes left to preserve their royall persons , and just authoritie against offensive armed rebellions , but offensive armes : therefore subj●cts by the selfe-same grounds , may justly with safe consciences resist , repulse , suppresse the unjust assayling military forces of their kings in the case fore-stated , though the king himselfe be personally present and assistant , because * such a war is unlawfull by the resolution of god and men , and against the oath , the duty of kings : and because the subjects in such cases have no other meanes left to preserve their persons , lives , liberties , estates , religion , established government from certaine ruin , but defensive armes . there is the selfe same reason in both cases , being relatives , therefore the selfesame law and conscience in both . secondly , it must be admitted without debate ; that this office of highest and greatest trust , hath a condition in law annexed to it ( by littletons owne resolution ) to wit , that the king shall well and truely preserve the realme , and do that which to such office belongeth ; which condition our king by an expresse oath to all his people solemnely taken at their coronation , with other articles expressed in their oath ( formerly recited ) is really bound both in law and conscience exactly to performe , being admitted and elected king by the peoples suffrages upon solemne promise , a to observe the same condition to the uttermost of his power , b as i have a c elsewhere cleared . now it is a cleare case resolved by f marius salomonius , confirmed at large by rebussus by . unanswerable reasons , the authorities of sundry civill lawyers , and canonists quoted by hi● ; agreed by d albericus gentiles and hugo grotius , e who both largely dispute it ; that kings as well as subjects are really bound to performe their covenants , contracts . conditions , especially those they make to all their subjects , and ratifie with an oath ; since god himselfe who is most absolute , is yet mostf firmly oblieged by his oathes and covenants made to his despicable vile ereatures , sinfull men ; and never violates them in the least degree . if then these conditions and oathes be firme and obligatory to our kings ; if they will obstinately breake them , by violating their subjects lawes , liberties , properties , and making actuall warre upon them ; the condition and oath too would be meerely voyde , ridiculous , absur'd , an high taking of the name of god in vaine , yea a plaine delusion of the people , if the whole state or people in their owne defence might not justly take up armes , to resist their kings and their malignant forces in these persidious violations of trust , conditions , oaths ; and force them to make good their oath and covenants , when no other means will induce them to it . even as the subjects oath of homage and allegiance g would be meerely frivilous , if kings had no meanes nor coercive power to cause them to observe these oathes , when they are apparently broken : and many whole kingdomes had been much over seene in point of policie , or prudence , in prescribing such conditions and oaths unto their kings , had they reserved no lawfull power at all which they might lawfully exercise in point of conscience , to see them really performed , and duely redressed , when notoriously transgressed , through wilfulnesse , negligence , or ill pernicious advice . thirdly , when any common or publick trust is committed to three or more , though of subordinate and different quality , if the trust be either violated or betrayed , the inferiour trustees , may and ought in point of conscience to resist the other . for instance ; if the custody of a city or castle be committed to a captaine , leutenant , and common souldiers : or of a ship to the master , captaine , and ordinary mariners : if the captaine or master will betray the city , castle , or ship to the enemie or pirates , or dismantle the city wals and fortifications to expose it unto danger , or will wilfully run the ship against a rocke to split , wrecke it , and indanger all their lives , freedomes , contrary to the trust reposed in them ; or fire or blow up the city , fort , ship : not onely the leiutenant , masters mate , and other inferiour officers , though subject to their commands , but even the common souldiers and marriners may withstand and forcibly resist them , and are bound in conscience so to doe , because else they should betray their trust , and destroy the city , fort , ship , and themselves too , which they are bound by duty and compact to preserve . this case of law and conscience is so cleare , so common in daily experience that no man doubts it : the care and safety of our realme by the originall politicke constitution of it , alwayes hath beene and now is , committed joyntly to the king , the lords , and commons in parliament , by the unanimous consent of the whole kingdome . the king the supreame member of it , contrary to the trust and duty reposed in him , through the advise of evill councellors wilfully betrayes the trust and safety of this great city and ship of the republicke ; invades the inferiour commanders , souldiours , citizens , with an army : assaults , wounds , slayes , spoyles , plunders , sackes , imprisons his fellow trustees , souldiers , marriners , citizens , undermines the walls , fires the city , ship , delivers it up to theeves , pyrates , murtherers , as a common prey , and wilfully runnes this ship upon a rocke of ruin . if the lords and commons joyntly intrusted with him , should not in this case by force of armes resist him , and his unnaturall instruments , ( there being no other meanes else of safety left them ) they should sinfully and wilfully betray their trust , and be so farre from keeping a good christian conscience in not resisting by force , that they should highly sinne against conscience , against their trust and duty , against their naturall country , yea and their very allegiance to the king himselfe , by encouraging him in , and consenting unto these proceedings , which would make him not to be a king , but tyrant , and destroy him as a king , in the spoyle and ruine of his kingdome , thereby endangered to be consumed ) and tempt god himself : as pope nicholas , and * gratian resolve in these words . if there be no necessity we ought at all times to abstaine from warres , but if inevitable necessity urge us , we ought not to abstaine from warres , and warlike preparations for the defence of our selves , of our country , and paternall lawes , no not in lent , least man should seeme to tempt god , if when he hath meanes , he provide not for his owne and others safety , and prevents not the detriments of holy religion . fourthly , b those injuries which allies and other neighbour states or princes may with good conscience repulse with armes from subjects wrongfully oppressed , invaded tyrannically by their soveraignes , or their wicked instruments , at , or without the subjects intreaty , when they are unable to relieve themselves : no doubt the subjects themselves , if able , may with better reason , and as good conscience resist and repell ; because every man is u nearer , and more oblieged to defend and preserve himselfe and those of his owne nation , religion , blood , then strangers are , and may with lesse publick danger , inconvenience , and more speede effect it , then forraigners : but allies and forraigne neighbour states and princes , as x gratian ( o●t of the . councell of carthage ; augustine , ambrose , hierom , anastatius , calistus and other ) y albericus gentilis , z john bodin , a huga grotius , and generally all ●●nonists , casuists , scho●lemen accord , may in many cases with good conscience , by for● of arms repulse from subjects wrongfully oppressed , invaded , and tyrannically abused , the injuries offered them by their soveraignes ; and that either at , and in some cases without the subjects intreaty : which they prove by moses his slaying the aegyptian that oppressed the hebrew . exod. . . to . by joshua his ayding of the gibeonites against the five kings that made war against them , josh . . by the example of jehoshaphat , kin. . kings . of the chiefe . captaines securing paul with a gard of souldiers against the iews who had vowed his death , acts . by abrahams rescuing lot , gen. . by sundry ancie●t and late examples in story . therfore subjects themselves no doubt if able , may with good reason and conscience , lawfully resist , and repell their princes invading forces , though accompanied , assisted with his personall presence . fifthly , it is yeelded by all divines , lawyers , canonists , schoolemen ; as c gratian , d ban●es , e seto , f lessius , g vasquius , h covaruvi●s , i aquinas , k sylvester , l bartolus , m baldus , n navarre , o albericus gentilis , p grotius and others , that private men by the law of god , and nature , may in defence of their lives , chastities , principall members , and estates , lawfully resist all those who forcibly assault them , to deprive them thereof ; yea and slay them to , unlesse they be publicke persons of eminencie , by whose slaughter the commonweale should sustaine much prejudice , whose lives in such cases must not be willingly hazzarded , though their violence be resisted : which is cleerely prooved by iudges . . . to . sam. . . to . deut. . . . since therefore all these are apparently indangered by an invasive warre and army , more then by any private assaults ; and no ayde , no assistance or protection against the losse of life , chastitie , estate , and other violences , injuries which accompany wars can be expected from the lawes , or prince himself ( the fountaine of this injustice , ) or legall punishments inflicted on the malefactors , whose armed power being above the reach of common justice , and injuries countenanced , abetted , authorised by the soveraine who should avenge and punish them , every subject in particular , and the whole state in parliament assembled in generall , may and ought in point of conscience joyntly and severally to defend themselves , their neighbours , brethren , but especially their native countrey , kingdome , whose generall safety is to be preferred before the lives of any particular persons , how great or considerable soever , which may be casually hazarded by their owne wilfulnesse , though not purposely endangered or cut off in the defensive incounter , by those who make resistance . and if ( according to q cajetan and other schoolemen , ) innocents which onely casually hinder ones flight from a mortall enemie may be lawfully with good conscience slaine by the party pursued , in case where he cannot else possibly escape the losse of his owne life , because every mans owne life is dearer to him then anothers , which he here takes away onely to preserve his owne life , without any malicious murtherous intent , though others doubt of this case : or if innocent persons set perforce in the front of unjust assailants ( as by the cavalleires at brainford and elsewhere , ) to prevent defence , and wrong others with more securitie and lesse resistance , may casually be slain , ( though not intentionally ) by the defensive party ( as i thinke they may ) for prevention of greater danger and the publicke safety ; r then certainely those of publicke place and note ; who wilfully and unnaturally set themselves to ruine their country , liberty , religion , innocent brethren ( who onely act the defensive part , ) and voluntarily intrude themselves into danger , may questionlesse with safe conscience be resisted , repulsed : in which if they casually chance to lose their lives without any malice or ill intention in the defendants , it being onely through their owne default , such a casuall accident when it happens , or the remote possibility of it in the combate before it begins , cannot make the resistance either unjust or unlawfull in point of conscience ; for then such a possibility of danger to a publike person should make all resistance unlawfull , deprive the republicke wholly of this onely remedy against tyrannicall violence , and expose the whole common-weale to ruine , whose weale and safety , is to be preferred before the life or safety of any one member of it whatsoever . having thus at large evinced the lawfulnesse of subjects necessary forcible resistance , & defensive wars against the unjust offensive forces of their soveraignes ; i shall in the next place answere the principall arguments made against it , some whereof ( for ought i finde ) are yet unanswered . these objections are of foure sorts , out of the old testament , the new ; from reason , from the example of the primitive christians , backed with the words of some fathers ; i shall propound and answere them in order . the first out of the old testament , is that of numb . . u korah , dathan , and abiram for their insurrection against that very divine authority which god himselfe had delegated to moses and aaron , without any injury or injustice at all once offered to them or any assault upon them . ergo ( marke the non-sence of this argumentation ) no subjects may lawfully take up meere necessary defensive armes in any case to resist the bloody tyrannie , oppression , and outrages of wicked princes , or their cavalleires , when they make warre upon them to destroy or enslave them . an argument much like this in substance . no man ought to rise up against an honest officer or captaine in the due execution of his office , when he offers him no injury at all . therefore he ought not in conscience to resist him when he turnes a theefe or murtherer , and felloniously assaults him , to rob him of his purse , or cut his throate . or , private men must not causelesly mutinie against a lawfull magistrate for doing justice and performing his duty : ergo the whole kingdome in parliament may not in conscience resist the kings captaines and cavalleeres , when they most unnaturally and impiously assault them to take away their lives , liberties , priviledges , estates , religion , oppose and resist justice , and bring the whole kingdome to utter desolation . the very recitall of this argument is an ample satisfactory refutation of it , with this addition . these seditious levites rebelled against moses and aaron , onely because god himselfe had restrained them from medling with the priests office which they would contemptuously usurpe , and therefore were most severely punished by god himself , against whose expresse ordinance they rebelled : ergo , the parliament and kingdome may in no case whatsoever , though the king be bent to subvert gods ordinances , religion , lawes , liberties , make the least resistance against the king or his invading forces , under paine of rebellion , high treason , and eternall condemnation , this is doctor fernes and some others , bedlam logicke , & divinity . the next is this , thou shalt not revile the gods , nor curse the ruler of thy people , ex. . . * eccl. . . curse not the king no not in thy thought , and curse not the rich in thy bed-chamber ; ( which is well explained by prov. . . it is not good to strike princes for equitie . ) ergo it is unlawfull for the subjects to defend themselves against the kings popish depopulating cavaleers . i answer , the first text pertaines properly to judges and other sorts of rulers , not to kings , not then in being among the israelites : the second , to rich men as well as kings . they may as well argue then from these texts : that no iudges nor under-rulers , nor rich men whatsoever , though never so unjust or wicked , may or ought in conscience to be resisted in their unjust assaults , riots , robberies , no though they be bent to subvert religion , lawes , liberties : as that the king and his souldiers joyntly or severally considered , may not be resisted : yea , these acute disputants may argue further by this new kinde of logicke : christians are expresly prohibited to curse or revile any man whatsoever , under paine of damnation , rom. . . mat. . . levit. . numb . . . . sam. . . levit. . . c. p . . . levit. . . prov. . . cor. . cor. . . pet. . . jude . ergo , we ought to resist no man whatsoever , ( no not a theefe that would rob us , cut-throate cavaleers that would murther us , lechers that would ravish us ) under paine of damnation . what pious profitable doctrine , thinke you , is this : all cursings and railings are simply unlawfull in themselves : all resistance is not so , especially that necessary we now discourse of , against unlawfull violence to ruine church and state. to argue therefore , all resistance is simply unlawfull , because cursing and reviling ( of a different nature ) are so , is ill logicke , and worse divinity . if the objectors will limit their resistance , ( to make the argument sensible , ) and propose it thus : all cursing and reviling of kings and rulers for executing justice impartially ( for so is the chiefe intendment of the place objected , delinquents being apt to clamour against those who justly censure them ) is unlawfull ; ergo the forcible resisting of them in the execution of justice and their lawfull authority is unlawfull : the sequell i shall grant , but the argument will be wholy impertinent , which i leave to the objectors to refine . the third argument is this : that which peculiarly belongs to god , no man without his speciall authority ought to meddle with : p but taking up armes peculiarly belongeth to he lord. deut . . where the lord saith , vengeance is mine : especially the sword , which of all temporall vengeance is the greatest . the objector puts no ergo , or conclusion to it , because it concludes nothing at all to purpose , but onely this . ergo , the king and cavalleeres must lay downe their armes and swords , because god never gave them any speciall commission to take them up . or , ergo , no man but god must weare a sword , at least of revenge ; and ●hether the kings and cavalleers offensive , or the parliaments meere defensive sword , be the sword of vengeance and malice , let the world determine , to the objectors shame . the fourth is , from q eccles . . . . . i councell thee to keepe the kings commandment and that in regard of the oath of god : be not hasty to goe out of his sight , stand not in an evill thing ; for he doth whatsoever pleaseth him : where the word of a king is there is power ; and who may say unto him , what dost thou ? this text administers the opposites a double argument , the first is this ; all the kings commands are to be kept of all his subjects , by vertue of the oathes of supremacy , alleigance , and the late protestation including them both : ergo , by vertue of these oathes we must not resist his cavalleeres , but yeeld our thoates to their swords , our purses and estates to their rapines , our chastities to their lecheries , our liberties to their tyrannies , our lawes to their lusts , our religion to their popish superstition and blasphemies , without any opposition , because the king hath oft commanded us not to resist them . but seeing the oath and law of god , and those oathes of ours , obleige us onely , to obey the kings just legall commands and no other , not the commands and lusts of evill councellors and souldiers , this first argument must be better pointed ere it will wound our cause . the second , this : the king may lawfully do whatsoever pleaseth him ergo , neither are he , or his forces to be resisted . to which i answer , that this verse relates onely unto god , the next antecedent ; who onely doth and may doe what he pleaseth , and that both in heaven and earth , psal . . . psal . . esay . . not to kings who neither may nor can doe what they please in either , being bound both by the laws of god , man , and their coronation oathes ( perchance the oath of god here meant , rather then that of supremacie or alleigance ) to doe r onely what is lawfull and just , not what themselves shall please . but admit it meant of kings , not god : first the text saith not , that a king may lawfully doe what he pleaseth : but he doth whatsoever pleaseth him : solom●n himselfe s committed idolatry , built temples for idolatrous worship , served his idolatrous wives gods , married with many idolatrous wives , greivously oppressed his people , &c. for which god threatned to rent the kingdome from himself , as he did the ten tribes from his son , for those sinnes of his : t david committed adultery , and wilfully numbred the people ; and what king jeroboam , manasseh , ahab , other wicked kings have done , out of the pleasure and freedome of their lawlesse wills , to the infinite dishonour of god , the ruine of themselves , their posterities , kingdomes , is sufficiently apparent in u scripture ; was all therefore just , lawfull , unblameable , because they did herein whatsoever they pleased , not what was pleasing to god ? if not , as all must grant : then your foundation failes ; that kings may lawfully doe whatsoever they will ; and solomons words must be taken all together not by fragments ; and these latter words coupled with the next preceeding ; stand not in an evill matter : and then pauls words will well interpret his , rom. . . but if thou doe that which is evill be afraid , for he beareth not the sword in vaine , for he is the minister of god , a revenger to execute wrath upon them that doe evill . so that the genuine sence of the place is , and must be this . stand not in an evill matter , for the king path an absolute power to doe whatsoever he pleaseth , in way of justice to punish thee , if thou continue obstinate in thy evill courses ; to pardon thee , if thou confesse , submit , and crave pardon for them . ergo , the king and his cavalleeres have an absolute power to murther , plunder , destroy his subjects , subvert religion , and he and his forces must not herein be resisted , is an ill consequent from such good premises . the third is this : where the word of a king is , there is power , * and who may say unto him what dost thou ? ( that is , expostulate with , censure him for doing justly , as iob . . . . expound it , ) ergo the king or his forces may not be resisted in any case : they might rather conclude . therefore neither kingdome nor parliament , nor any subject or person whatsoever ought to demand of the king , to what end , or why he hath raised forces and armed papists against the parliament , and protestant religion ? these court-doctors might as truely conclude from hence : if the king should command us to say masse in his chappell , or our parishes , to adorne images , to turne professed masse-priests , &c. to vent any erronious popish doctrines ; to pervert the scriptures to support tyrannie and lawlesse cruelty : we must and will ( as some of us doe ) cheerefully obey ; for where the word of a king is , there is power , and we may not say unto him , what dost thou ? if a king should violently ravish matrons , defloure virgins ; unnaturally abuse youth , cut all his subjects throates , fire their houses , sacke their cities , subvert their liberties ; and ( as x bellarmine puts the case of the popes absolute irresistible authority ) send millions of soules to hell ; yet no man under paine of damnation , may or ought to demande of him , domine cur ita facis ? sir , what doe you ? but was this the holy ghosts meaning thinke you , in this place ? if so , then y nathan was much to blame for reprehending king davids adultery . z azariah and the . priests who withstood king vzziah when he would have offered incense , on the incense altar , and thrust him out of the temple , telling him , it pertaineth not to thee vzziah , to burne incense to the lord , &c. were no lesse then traytors . john baptist was much over-seene to tell king herod , it is not lawfull for thee to have thy brothers wife . the prophet who sharpely reprehended amaziah for his idolatry and new altar , chron . . . was justly checked by the king . eliiah was to be rebuked , for telling ahab so plainely of his faults , a and sending such a harsh message to king ahaziah ; elisha much to be shent for using such harsh language to king jehoram , kings . . . yea samuel and hanani deserved the strappado for telling king saul , and asa , that they had done foolishly , sam. . . chron. . b . the meaning therefore of this text , so much mistaken , ( unlesse we will censure all these prophets , and have kings not onely irresistible but irreprehensible for their wickednesse ) is onely this : no man may presume to question the kings just actions , warranted by his lawfull royall power : ( this text being parallel with rom. . . . . . ) what then ? ergo , none must question or resist his , or his cavalleers unjust violence and proceedings , ( not the parliament the supremest iudicature and soveraigne power in the kingdome ) is a ridiculous consequence : yet this is all this text doth contribute to their present dying bad cause . the . is that usually objected text of c psal . . , . touch not mine annointed . ergo the king and his cavaleers must not be so much as touched nor resisted , i wonder they did not as well argue , ergo none must henceforth kisse his majesties hand ( since it cannot be done without touching him , ) neither must his barber trim him , nor his bedchamber-men attire him , for feare of high treason in touching him : and the cavaleers must not henceforth be arrested for their debts , apprehended for their robberies and murthers ; neither must the chyrurgion dresse their wounds , or pock-soars , or otherwise touch them , ( so dangerous is it to touch them , not out of fear of infection , but ) for fear of transgressing this sacred text , scarce meant of such unhallowed god-dammee● . such conclusions had been more literall and genuine then the first . but to answer this long since exploded triviall objection , not named by dr ferne , though revived by others since him . i say first , that this text concernes not kings at all , but the true anoynted saints of god their subjects , whom kings have been alwayes apt to oppresse and persecute , witnesse psal . . . &c. act. . . . act. . , , with all sacred and ecclesiasticall histories , ancient or moderne . this is most apparent ; first , because these words were spoken by god to kings themselves , as the text is expresse , psal , . chron. . , . he suffered no man to do them wrong , but reproved even kings for their sakes , saying , ( even to king themselves , namely to king pharaoh , an king abim●lech , gen. . . to . chap. . and . to . ) touch not mine anointed , and do my prophets no harm : therefore not meant of kings . secondly , because these words were spoken directly and immediately of abraham , isaac , iacob , their wives and families , as it is evident by verse . the whole series of the psalme , which is historicall ; the forecited texts of genesis to which the words relate , the punctuall confession of augustine , and all other expositors on this psalm ; now neither they , nor their wives , nor their children clearly , were actuall , much lesse anointed kings ; for first , they lived long before the government of kings was erected among the israelites , of whom d saul was the first . . they had no kingdom nor territories of their own when these words were uttered , but were strangers in the land , going from one nation and kingdom to another , sojourning obscurely like pilgrims and strangers upon earth , in egypt , and gerar , under king pharaoh , abimelech , and other princes , not as kings , but subjects and private men , as verse . . gen. . and . and chap. . . chap. . . deut. . . hebr. . . resolve . thirdly , they were but very few men in number , verse . genesis . . they were masters onely of their own small families , and that under forraign kings ; therfore doubtlesse no kings at all . fourthly , this was spoken of these patriarchs wives and families , as well as of themselves , ( and they certainly were no kings , unlesse you will have kingdoms consisting onely of kings , and no subjects at all ) verse . . gen. . . to . chap. . . to . chap. . . chap. . . chap. . . fifthly , the scripture no where calls them kings , much lesse the text , which terms them expresly prophets , touch not mine anointed , and do my prophets ( not properly so taken , but largely , that is , my servants , my chosen people , as verse . expounds it ) no harm : the later clause , do my prophets no harm , being an exact interpretation of the former , touch not mine anointed , that is , my prophets and servants , so far forth as to do e them harm ; for in a common sence , no doubt , they f might be touched without offence to god or them , by way of imbracement , assistance , and the like sixtly , though there were kings in abrahams dayes or before , as is evident by gen. . , , &c. yet there were no anointed kings , nor were kings ever called gods anointed till sauls dayes , who was the first anointed king i read of , sam. . . and the first king ever stiled , the lords anointed sam. . , . whereas priests were anointed long before , exodus . . chap. . , . therefore anointed in the text cannot be meant of kings , or of persons actually anointed , but onely of those saints of god , who were metap●●rically and spiritually anointed , having the gifts and graces of gods spirit , psal . . , . hab. . . . cor. . . iohn . . eze. . . isay . . this text then being not meant of kings which are actually , but of christians onely spiritualy anointed , in regard of which anointing ( as i have g elsewhere largely manifested ) they are in scripture , not onely stiled christians ( which in plain english is annoynted ) acts . . c. . . pet. . . but christ ( in the abstract ) cor. . . ephes . . , . the members , body , flesh and bones of christ . cor. . , . ephes . . . c. . , , . col. . . yea , kings and priests unto god the father : exod. . . pet. . . revel . . . c. . . c. . . for whom god hath prepared a heavenly kingdom , ( wherein they shall reign with christ for ever ) with an everlasting crown of glory too , matth. . . c. . . luke . . c. . . . col. . . thess . . . corinth . . . tim. . . c. . . heb. . . pet. . . pet. . . iam. . . revel . . . the proper argument then that can be thence deduced by our opposites , is but this non sequitur . kings themselves must not touch gods spiritually anointed saints and servants to do them harm ; ergo , if kings do violently and unjustly make warre upon them , not onely to harm , but plunder , murther , destroy them utterly , extirpate that religion they professe and are bound to maintain , they are obliged in point of conscience , under pain of damnation , not to resist ; whereas the conclusion should be directly contrary . therefore they may lawfully with good conscience resist them to the uttermost , in such cases : for since god hath thus directly enjoyned kings , not to touch , or do them harm ; if kings will wilfully violate this injunction , they may with safe conscience , by force of arms withstand , repulse , their unjust violence , and hinder kings or their instruments from doing them that iniury which god himself prohibits ; else they should be accessories to their kings iniustice , and authors of their own wrongs , according to these received maximes ; h qui non pohibet malum quod potest , jubet ; qui potest obviare & perturbare perversos & non facit , nihil est aliud quam favere eorum impietati : nec caret scrupulo societatis occultae , qui manifesto facinori desinit obvi●re . qui definit obviare cum potest , consentit : used by ambrose , hierome , augustine , isiodor , anastatius , and gratian , who recites , applies them to defensive wars . and if our opposites ( who pervert this text by translating it from subjects and saints , to kings ) may in their erronious sence safely argue thence , that if subiects take up arme against their princes , contrary to this text , their princes may by vertue of this precept , iustly resist them with force , and repulse their iniuries ; then by the true genuine sence thereof ( being meant of subiects , saints , not kings ) if kings will violently assault and make war upon saints , their subiects , to harm them , they may with as good reason and conscience defend themselves against their kings and ill instruments , as their kings protect themselves in this sort against them , and that by authoritie of this text , by our opposites own argumentation . thirdly , admit this scripture meant of kings , yet what strength is there in it to priviledge them from iust necessary resistance ? if any , it must rest in the word annointed ; but this will afford kings no such corporall priviledges as many fancie , neither from lawfull resistance , nor deposition , nor sentence of death it self , which i shall undeniably evidence to refute a commonly received errour : for , first , it is apparent , that the anointed here meant , are such onely who are spiritually annointed , either with the externall profession and ceremonies of gods true religion , or with the internall graces of the spirit ; for neither abraham , isaac , iacob , nor their families ( nor any kings or priests in their dayes ) for ought we finde , were corporally annointed . besides , the annointing here intended , is that which is common to i priests and prophets ( as touch not mine annointed , and do my prophets no harm , infallibly proves ) rather then that which is peculiar to kings . whence i thus argue , that annointing which is common to subiects as well as kings , and cannot secure any subiects , who in the genuinesence of the text , are gods annointed , from iust resistance , corporall violence , legall censures , or death , cannot in or of it self alone secure kings from any of these , no further then it secures subiects : for the annointing being the same in both , must have the self-same operation and immunities in both . but this anointing in subiects can neither exempt their persons from necessary iust resistance , if they unlawfully assault or war upon their superiours , equalls , inferiours ; nor free them from arrests , imprisonments , arraignments , deprivations , or capitall censures , if they offend and demerit them , as we all know by k scripture and experience : therefore it can transfer no such corporall immunities or exemptions from all or any of these , to kings ; but onely , exempt them from unlawfull violence and injuries , in point of right , so far forth , as it doth other subjects . in a word , this annointing being common to all christians , can give no speciall prerogative to kings , but onely such as are common to all subiects , as they are christians . secondly , admit it be mean● of an actuall externall anoynting , yet that of it self affords kings no greater priviledge then the inward unction , of which it is a type , neither can it priviledge them from just resistance , or just corporall censures of all sorts . first , it cannot priviledge them from the iust assaults , invasions , resistance , corporall punishments of other forraign kings , princes , states , subiects not subordinate to them , who upon any iust cause or quarrell may lawfully resist , assault , wound , apprehend , imprison , slay , depose , iudge , censure forraigne kings , even to death ; as is apparent by l s●hon king of the amorites , and og the king of bashan , slain , the king of m ai hanged by ioshua , the n five kings of canaan that besieged gibeon , on whose ne-ks ioshua made his men of war to put their feet , then smote , slew , and hanged them upon five trees . who also assaulted , resisted , imprisoned , condemned , slew , executed divers other o kings of canaan , to the number of thirty one in all ; by king p adonibezek , q eglon , r agag , with other heathen kings , imprisoned , stabbed , hewen in pieces by the israelites . if any obiect , these kings were not actually annoynted , which they cannot prove , since s cyrus an heathen king , is stiled gods annoynted ; no doubt saul was an annoynted king , if not the first in the world , sam. . . yet he was justly resisted , wounded , pursued by the philistines , sam. . . * iosiah an annoynted good king , was slain by pharaoh necho king of egypt , whom he rashly encountred ; t king ahab was slain by an archer of the king of assyria , u king ioram and ahaziah were both slain by iehu , by gods command ; x iehoaaz was deposed by the king of egypt , y iehoiakim and iehoiakin both deposed , fettered and kept prisoners by the king of babylon ; bylone ; who also y app●eherded d●posed , judicially condemned king zedechiah , put out his eyes , and sent him prisoner to b●hylon bound with fetters of brasse . so z manasses was deposed , bound with fetters of brasse , and carryed captive by the captaines of the king of assyria . a amaziah king of iudah was taken prisoner by iehoash king of israel . infi●ite are the presidents in stories , where kings of one nation in just warrs , have been assaulted , invaded , imprisoned , deposed , slain , by princes and subjects of another nation ; and that justly , as all grant without exception ; neither their annointing , nor kingship being any exemption or priviledge to them at all in respect of forraigners , in cases of hostility , to whom they are no soveraigns , no more then to any of their subjects . whereas if this royall annointing did make their persons absolutly sacred and inviolable , no forraign princes or subjects could justly apprehend , imprison , smite , wound , slay , depose , or execute them . secondly , kings who are suborordinate b homagers and subjects to other kings or emperours , though annointed , may for treasons and rebellions against them , he lawfully resisted , assaulted , imprisoned , deposed , judged to death and executed , because as to them they are but subjects , notwith●●anging their annointing , as appears by sund●y presidents in our own and forraign histories ; and is generally confessed by the learned . thirdly , the roman , greek and german experours though annointed , the ancient kings of france , spain , arragon , britain , hungary , poland , denmarke , bohemia , india , sparta , and other places ( who were not absolute monarchs ) have in former ages been lawfully resisted imprisoned , deposed , and some of them , judicially adjudged to death and executed by their owne senates , parliaments , diets , states , for their oppression , mal-administration , tyranny , and that justly , as c bodin , d grotius , with others affirm , notwithstanding any pretence that they were annointed soveraigns . fourthly , popes , bishops and priests anciently were , and at this present in the romish churches are actually annointed as well as kings ; and we know the e popish clergy and canonists have frequently alledged this text , touch not mine annointed and doe my prophets no harme , in councels , decretalls and solem● debates in parliament , to prove their exemption from the arrests , judgements , capitall cens●res and proceedings of kings and secular iudges for any crimes whatsoever , because ( forsooth ) they were gods annointed , intended in this text , not kings ; therefore kings and seculars must not touch , nor offer any the least violence to their persons , no not in a way of justice . by colour of this text they exceedingly deluded the world in this particular for ●undreds of yeeres . but in the seventh yeer of hen. the . in f dr. standish his case debated before a committee of both houses of parliament , and all the iudges of england , this text being chiefly insisted on to prove the clergies exemption , jure divino , was wholly exploded in england , and since that in germany , france , other realms ; and notwithstanding its protection , many g fopes , bishops , and clergy-men in all kingdomes , ages , for all their annointing , have for their misdemeanors not only been resisted , apprehended , imprisones , but deprived , degraded , hanged , quartered burned , as well as other men ( yea h abiathar the high priest was deposed by s. ●omon for his treason against him , notwithstanding his annointing ; ) their annointing giving them not the smallest immunity to doe ill , or not to suffer all kinds of corporall , capitall punishments for their misdemeanors . if this actuall annointing then , cannot lawfully exempt or secure priests and prelates persons , nor the pope himselfe from the premises , how then can it justly priviledge the persons of kings ? fifthly , among the papists all infants , either in their baptisme , or confirmation are actually annointed with their consecrated i chrisme , and with k extream unction to boot at last cast , which they make l a sacrament , and so a thing of more divine soveraign nature then the very annointing of kings at their inauguration , which they repute no sacrament , as being no where commanded by god : but neither of these actuall unctions , exempt all or any of those annointed with it from resistance , or any corporall punishments , or just censures of any king ; therefore the very annointing of kings cannot doe it . sixthly , the ceremony of annointing kings , as m cassanaeus with others write , is peculiar onely to the german emperor , the king of ierusalem , the king of france , the king of england , and the king of sicily ; but to no other kings else , who are neither annointed nor crowned , as he affirmes ; so that it cannot give any priviledge at all to any but onely to these . not other kings , who are not anointed now seeing only hese . kings are actually anointed , yea lawfull kings and their persons sacred , even before they are annointed or crowned , yea other kings persons ( as of spain , hungary , denmark , sweden , poland , &c. ) who are not annointed , are as sacred , as exempt from danger , as those who are enoyled ; and seeing the annointing of kings is at this day a meer arbitrary humane ceremony , not injoyned by divi●e authority , nor common to all kings , who are n kings before their coronations , it is most certain and infallible , that this enoyling in and of it selfe derives no personall prerogatives or immunities at all to kings , much lesse an absolute exemption from all actuall resistance in cases of unjust invasions on their subjects , or from the censures of their parliaments for publike distructive exorbitances , as most have hitherto blindly beleeved . neither will the frequent next objected speeches of david concerning soul. impeach the premises , sam. . . . c. . . . . & sam. . . . the lord forbid that i should do this thing unto my master the lords annointed , to stretch forth my hand against him seeing he is the lords annointed . i will not put forth my hand against my lord , for he he is the lords annointed . and david said to abishai , destroy him not , for who can stretch forth his hand against the lords annointed , and he guiltlesse ? the lord forbid that i should stretch forth his hand against the lords annointed . the lord delivered thee into my hand to day , but i would not stretch forth mine hand against the lords annointed . how wa● thou not afraid to siretch forth thy hand against the lords annointed ? thy blood shall be upon thy head , for thy mouth hath testified that thou hast slain the lords annointed . which severall texts seem at first sight to insinuate , that sauls very externall annointing was that which did secure his person from assauls and violence ; and that it is unlawfull even by way of defence , forcibly with armes to resist a persecuting unjustly invading king , because he is annointed . but these texts , if duly pondered , will warrant neither of these conclusions . first then , i answer , that sauls bare annointing , considered as an externall ceremony to declare him a lawfull king , did not , could not adde any immunity to his person against davids , or any other subjects just violent resistance , as the premised reasons manifest ; but it was onely his royall soveraign office conferred on him by god and the people , to which his externall annointing by samuel was but a preparation that which made saul , with other his successours , a king , was not his bare annointing . for o saul himselfe was annointed by samuel , before he was made and chosen king , not when he was made king. so p david , q hazael , r selu , with others , were annointed before they were actuall kings , and many of their successors by descent , were reall kings before they were annointed ; some of them being not annointed at all for ought we read : therefore their unction made them not kings , since neither simply necessary , nor essentiall to their being kings . nor did sauls annointing only , preceding his regality , make his person sacred , or any other kings persons ; for then it would follow , that if saul had not been actually annointed , or had continued king for some yeeres without this annointing , then david in such a case might lawfully have slain him , without check of conscience , and that the persons of kings not at all annointed ; and of hereditary kings before their coronations , till they are annointed , should not be sacred , nor exempt from violence ; which is both false and perillous to affirm ; but it was his soveraign royall authority over david ( then his son-in-law , servant , subject ) which restrained him from offering violence to his person . soul then being thus priviledged , not because he was annointed , but because he was an annointed king , and that not quatenus annointed , but quatenus king ; the true sense and genuine interpretation of these texts must be , that sauls person was sacred , exempt from his subjects violence , not because he was annointed , as if that only did priviledge him ; but because he was a lawfull king s appointed by the lord himselfe , the t lords annointed , being but a periphrasis , or forme of speech , wherein the geremony of annointing , is used for the regality , or kingly power it selfe , declared not conferred by annointing , and in plain words without any figure , it is put for , the lords king , that is , a king appointed by the lord ; in which sence god calls christ v my king ; and david stiles himselfe x gods king. sauls royall authority without his annointing , not his annointing , predestinating him to his authority being the ground of this his immunity from davids violence . secondly , y saul was annointed some space before he was made king , and z david many yeere before hee came to the crowne : i would then demand of any man ; if saul or david after their unction , and before their election and inauguration to the crown had invaded or assaulted any of the people in an hostile manner , whether they might not have justly resisted , repulsed , yea slain them to in their own necessary defence ? if not , then one subject may not repulse the unjust violence of another in an elective kingdome , if by possibility he may after wards be chosen king , though for the present he be neither actually king nor magistrate , but a shepheard , as david was , psal . . , . which i presume none will affirm , i am certain none can prove : if so , then it was not sauls annointing but onely his royall authority , which made david thus to spare his life , his person . so that our opposites pressing this argument only from his annointing , is both false and idle , as all the premises demonstrate . but to set the argument right ; i answer thirdly , that all which these texts and davids example prove , is but this . that subjects ought not wilfully or purposely to murder or offer violence to the persons of their kings ; especially in cold blood when they doe not actually assault them . ergo they may not resist , repulse their personall actuall assaults , nor oppose their cut-throat cavaleers when they make an unjust warre against them . which argument is a meer non sequitur . for . davids example extends only to sauls own person , not to his souldiers , who were neither kings , nor gods annointed ; and whom david no doubt would have resisted and slain too had they assaulted him , though he spared saul : as a dr. fern himselfe insinuates in these words ; davids guard that he had about him , was onely to secure his person against the cut-throats of saul , if sent to take away his life , &c. he was annoynted and designed by the lord to succeed saul , and therefore he might use an extraordinary way of safe-guarding his person : therefore he and his guard would and might doubtlesse have with a safe conscience resisted , repulsed sauls cut-throat souldiers , had they assaulted david , to take away his life . and iffo , then the kings cut-throat cavalleers by his own confession , may lawfully be resisted , repulsed , slain in a defensive way , by the parliaments forces now . secondly , the argument is absurd , because we may forcibly resist and repulse with safe conscience , those whom we may not wilfully slay . if a man assaults me , to beat or wound me , i may resist , repulse him with violence , but i may not kill him in mine own defence , without murder or manslaughter , unlesse i could not otherwise preserve my own life by slight or resistance . b doctor ferne grants , that a subject may in his own private defence , lawfully ward off the kings own blows , and hold his hands , in case of sudden and illegall assaults , much more then of malicious and premeditated : but yet denies , he may either wound or kill him , and that truely . to argue therefore from davids example and words , the king may not with safe conscience be wittingly slain by his subjects : ergo , he and his cavaleers may not be forcibly resisted , repulsed by them for their own defence and preservation , is a grosse inconsequent by the doctors own confession . thirdly , there is nothing in all these speeches , or the practise , or in david , pertinent to the case in dispute ; for when c davids men moved him to kill saul , and would have risen up against him , to slay him , & david refused to act , or suffer his men to do it ; neither saul not any of his men did actually assault david or his followers , nor so much as once discover them ; but saul went casually to cover his feet into the cave , where they lay hid ; which done , he rose up and went on his way , not once espying david ( though he cut off the skirt of his robe privily ) nor any of his men with him . to argue therefore , that david and his men might not with a safe conscience stretch forth their hands and rise up against their soveraigne king saul , to kill him thus in cold blood , when he assaulted them not , nor so much as thought of their being in the cave , and went out of it quietly , not discovering them ; ergo , they might not , they would not in conscience have resisted , repulsed him , or his forces , had they assaulted , or given them battell in the cave , is a non-sence conclusion ; just in effect the same with this . i may not resist or repulse one who assaulrs me not , ergo , i may not resist one that actually assaults me to take away my life , or to beat , rob , wound me : what logick , reason , law or divinitie is there in such an argument ? so after this when d abishai said to david , god hath delivered saul thine enemie into thy hand this day , now therefore let me smite him , i pray thee , with the spear , even to the earth at once , i will not smite him the second time : and david said to abishai , destroy him not , for who can stretch forth his hand against the lords anoynted ( to wit , to slay him purposely , as abishai intended ) and be guiltlesse ? the text is expresse . that saul and his men were then in their own trenches , fast a sleep , because a deep sleep from the lord was fallen upon them ; david and abishai were here the onely affailants , they came into sauls trenches , he and his whole army were in so sound a sleep , that they came to sauls own person , took away with them his spear , and the cruse or water from his bolster , and departed , not being once discerned ; no man resists , assaults , discovers them . to slay saul thus in cold blood , without any assault or present provocation , and especially upon a private quartell , had been treachery and impiety in a son-in-law , a servant , a subject a ●uccessour ; and to do it with the hazard of their own lives , had any of sauls army been awakened at the stroke abishai would have given him . ( as probably they might have been ) they being but two , and within their enemies trenches , in the midst of the army , who might have easily and speedily slain them , had been rashnesse , indiscretion ; their departure with the spear and cruse was more heroicall , loyall , prudentiall . to conclude therefore , as our opposites do from this speech and example , that david thought it unlawfull in point of conscience for him or abishai to murther his s●veraign lord king saul , when he and his men were thus fast asleep in the midst of their trenches , offering them no wrong , making no actuall assaults upon them ; ergo , they could not , would not justly with safe consciences have forcibly defended themselves against saul and his army , had they been assaulted by them in their own trenches ; is a transcendent absurdity , refuted by the very next words of david to abishai at that instant , sam. . . and david said furthermore , as the lord liveth , the lord shall smite him , or his day shall come to die ; or he shall descend into battell and perish ; which intimates , that if saul would force him to a battell , then he might lawfully defend himselfe against his violence , though he might not murther him now in his sleep , when he did him no hard ; and if he casually perished in the battell , it was sauls own wilfull default , not his , who could not disswade him by all this his fair carriage and sparing of his life , ( when he had those two advantages to slay him ) from his violent prosecution , nor yet succeed him in the crown ( as god had appointed and foretold ) should he suffer him to murther him and his men in battell without resistance . yea , davids earnestnesse to go with achish and the pallistines to the battell against sanl , wherein he perished , sam. ● ( unlesse we will taxe davide for a notable hypocrite and dissembler ) unanswerably eviden●eth , that he deemed it lawfull to resist , to encounter saul and his forces in battell , not withstanding his person might chance to perish in the fight , though not to slay him treacheously , and basely upon the precedent advantages : and his slaying of that lying e amalekite who brought him tydings of sauls death , reporting that himself had slain him , to gain a reward from david , he being then one of sauls souldiers ( as it seems ) concludes onely , that it was not lawfull for any of sauls own men to saly him , by his own command : not that resistance of him in the open battell was unlawfull in point of conscience . other answer might be given to this objection concerning david and saul . as . that this difference was but private and personall between saul and david , david being then sauls private subject , servant , son in law , not publike between saul his whole parliament or kingdom ; now many things are unlawfull to be done in private quarrels , which are iust and honourable in publike differences . secondly , that david himself , though he thus forbore to murther saul , yet he tels him , . sam. , , , . this day thine eyes have seen how that the lord had delivered thee to day into mine hand in the cave , and some had me kill thee , but mine eye spared thee ; and i said , i will not put forth my hand against my lord , for he is the lords anoynted . moreover , my father , see , yea see the skirt of thy robe in my hand , for in that i cut off the skirt of thy robe and killed thhe not , know then and see , that there is neither evill nor transgression in mine hand , and i have not sinned against thee , yet then huntest my soul to take it . the lord judge between me & thee , and the lord avenge me of thee , but mine hand shall not be upon thee , and plead my cause and deliver me out of thine hand . and after this upon the second advantage , he useth like words , the lord render to every man according to his right consnes & faithfulnes , for the lord delivered thee into my hand to day , but i would not stretch forth my hand against the lords annointed . and behold , as thy life was mvch set by this day in my eyes , so let my life be much set by in the eyes of the lord , and let him deliver me out of all tribulations : wherein david declared , that god had given up sauls life into his power , that it was his owne meer goodnesse that moved him to spare saul contrary to his souldiers , and abishaies minds , who would have slain him , without any seruple of conscience ; that the reasons he spared him were : first , because he was gods annointed , that is , specially designed and made king of israel by gods own election , which no kings at this day are , & so this reason extends not so fully to them , as to saul . secondly , because he was his father and lord too , and so it would have been deemed some what an unnaturall act in him . thirdly , because it had favoured onely of private self-revenge and ambitious aspiring to the crown before due time , which became not david , the quarrell , being then not publike , but particular betwixt him and david onely , who was next to succeed him after his death . fourthly , because by this his lenity he would convince & reclaim saul frō his bloody pursuit , and cleare his innocency to the world . fifthly , to evidence his dependence upon god and his speciall promise ; that he should enjoy the crown after saul by divine appointment ; and therefore he would not seem to usurp it by taking saul life violently away . most of which consideration faile in cases of publike defence , and the present controversie . thirdly , that saul himselfe , as well as davids souldiers , conceived , that david might with safe conscience have slain as well as spared him ; witnesse his words , . sam. . , , thou art more righteous then i , for thou hast rewarded me good , where as i have rewarded thee evill : and thou hast shewedme this day how thou hast deals well with me ; for asmuch as when the lord had delivered me into thine hand thou killedst me not. for if a man finde his enemy wil he let him go wel away ? wherefore the lord reward three good for that thou hast done unto me this day , &c. and in . sam. . . then said saul , i have sinned ; returne my sonne david , for i will no more do thee harm , because my solve was precious in thine eyes this day ; behold i have played the fool exceedingly , &c. but the former answers are so satisfactory , that i shall not pray in ayd from these , much lesse from that evasion of dr. fern , who makes this , and all other davids demeanors in standing out against saul f extraordinary ; for he was annointed and designed by the lord to succeed saul ; and therefore he might also use all extraordinary wayes of safe guarding his persons ; which like wise insinua●es , that this his scruple of conseience in sparing sauls life was but extraordinary , ( the rather , because all his souldiers and abishai would have slain saul without any such scruple , and saul himselfe conceived , that any man else but david would have done it : ) and so by consequence affirms , that this his sparing of saul is no wayes obligatory to other subjects , but that they may lawfully in davids case kill their soveraigns ; but davids resistauce of saul by a guard of men , being only that ordinary way which all subjects in all ages have used in such cases , and that which nature teacheth not onely men , but all living creatures generally to use for their own defence , and this evasion derogating exceedingly from the personall safety of princes , yea , and exposing them to such perils as they have cause to con the dr. small thanks for such a bad invention , i shall reject it as the extraordinary fansie of the dr. & other loyalists , void both of truth and loyalty . the . objection out of the old testament is this , . sam. . . samuel tells the people , how they should be oppressed under kings ; g yet all that violence and injustice that should be done unto them , is no just cause of resistance : for they have no remedy left them bvt crying to the lord , v. . and ye shall cry out in that day because of the king which ye shall have chosen you , and the lord will not hear you in that day . to this i answer . that by the doctors own confession , this text of samuel , much urged by some of his fellows , to prove an absolute divine prerogative in kings , is quite contrary to their suggestion ; and meant onely of the oppression , violence , and inju● ( not lawfull power ) of kings , which should cause them thus to cry out to god this truth we have clearly gained by this objection , for which some royallists will renounce their champion . . it is but a meer fallacie and absurdity not warranted by the text ; which saith not , that they shall onely cry out ; or that they shall use no remedy or resistance , but crying out ; which had been materiall , but ba●ely , ye shall cry out in that day , &c. ergo , they must and should onely crie out , and not resist at all ; is a grosse non-sequitur : which argument because much cryed up , i shall demonstrate the palpable absurdity of it by many parrallell instance . first , every christian is bound to pray for kings and magistrates , tim. . , . ergo , they must onely pray and not fight for them , nor yeeld tribute or obedience to them : kings and their subjects too are bound to crie out , and pray to god against forraign enemies that come to war against them , as b moses did against pharaoh and his host , i david against his enemies , k hezekiah against sennacherib and his hoste , l asa against his enemies , m abijah and the men of iudah against ieroboam and the israelites their enemies ; and as all christians usually do against their enemies . ( yea , i make no doubt but the doctor , and other court-chaplains , inform his majesty and the cavalleers , that they must cry to god against the parliamenteers and round heads now in arms to resist them ; ) ergo , they must onely pray , but in no wise resist or fight against them ; all men must pray to god for their n daily bread : ergo , they must onely pray and not labour for it ; sick o persons must pray to god to restore their health : ergo , they must take no physick , but onely pray ; all men are expresly commanded to p crie and call upon god in the day of trouble , ergo , they must use no meanes but prayer to free themselves from trouble ; pretty logick , reason , divinity , fitter for derision then any serious answer . this is all this text concludes , and that grosly mistaken speech of saint ambrose , christians weapons are prayers , and tears ; of which anon i● its due place , in one word , prayer no more excludes resistance , then resistance , prayer ; both of them may , and sometimes ( when defence is necessary , as now ) ought to concurre ; so that our court doctors may as well argue , ( as some prelates not long since did in word and deed ) ministers ought to pray , and gods * house is an oratory for prayer : ergo , they must not preach ( atleast , ●ery seldom ) or make his house an auditory for preaching : or as rationally reason from this text , that subjects must cry out to god against their kings oppressions , ergo , they must not petition their kings , much lesse complain to their parliament for relief ; as conclude from thence ; ergo , they may in no case resist the king , or his invading forces , though they indeavour to subvert religion , laws , liberties , as the doctor himself states the controversie : whose arguments will hardly satisfie conscience , being so voyd of reason , sence ; yea science . the eighth is this , q none of the prophets in the old testament , reprehending the kings of israel and iudeh for their grosse iaolatry , cruelty , oppression , did call upon the elder of the people for the duty of resistance ; neither do we finde the people resisting , or taking up arms against any of their kings , no not against ahab or manasseh , upon any of these grounds : ergo , resistance is unlawfull . to which i must reply , first , that none of the prophets did ever forbid resistance in such cases , under pain of damnation , as our new doctors do now ; ergo , it was lawfull , because not prohibited . secondly , that as none of the people were then inhibited to resist , so not dehorted from it : therefore they might freely have done it , had they had hearts and zeal to do it . thirdly , * iosephus resolves expresly , that by the very law of god , deuter. . if the king did contrary to that law , multiply silver gold , and horses to himself , more then was fitting , the-israelites might lawfully resist him , and were bound to do it , to preserve themselves from tyrannie ; therefore no doubt they might have lawfully resisted their kings idolatry , cruelty oppressions . fourthly , q hulderichus zuinglius , a famous protestant divine , with others , positively affirms , that the israelites might not onely lawfully resist , but likewise depose● he●r kings for their wickednesses and idolatries ; yea , that all the people were justly punished by god , because they removed not their flagitious , idolatrous kings and princes out of their places , which he proves by ierem . where after the four plagues there recited , the prophet subjoynes the cause of them , saying , verse . i will give them in fury to all the kingdoms of the earth ; ( that is , i will stirre up in fury all the kings of the earth against them ) because of manasseh the son of hezekiah king of iudah , for that which he did in ierusalem . this manasseh had committed many wickednesses by idolatrie and the stedding of innocent blood , as we may see in the one and twentieth chapter of the second of the kings ; for which evills the lord grievously punished the people of israel : manasseh shed overmuch innocent blood , untill he had filled ierusalem even to the mouth , with his sins wherewith he made iudah to sinne , that it might do evill before the lord : therefore because manasseh king of iudah did these most vile abominations , above all that the amorites had done before him , and made the land of iudah to sin in his undeanesse , therefore thus saith the lord god of israel , behold , i will bring evill upon ierusalem and iudah , that whosever shall hear , both his ears shall tingle &c. in summe , if the iews had not thus permitted their king to be wicked withovt pvnisment , they had not been so griev●●nsly punished by god. we ought to pull and crost away even our eye that offends so a hand and foot , &c. if the israelites had thus de osed manassch by consent and suffrages of all , or the greatest part of the multitude ; they had not been so grievessly punished of god. so zuinglius , with whom even s b. rilson himself in some sort accords who in de ending & interpreting his opinion , c●ntesseth , t that it is a question among the learned , what soveraignty the whole people of israel had over their kings ; confessing , that the peoples resouing ionathan that he died not , when saul would have put him to d●●th , u davids speech to the peo●le when he purposed to reduce the arke , x all the congregations speech and carriage toward rehoboam when they came to make him king , with the y p●ople : speech to ieremy , thou shalt die the death ; have perswaded some , and might lead zuingli●s to think that the people of israel , notwithstanding they called for a king , yet re●erved to themselves svfficient avthority to overrvle their king , in those things which seemed expedient and needfvll for the pvblike wllfare ; else god would not punish the people for the kings iniquity , which they must suffer , and not redresse . which opinion , if as orthodox , as these learned divines and iosephus averre it , not onely quite ruines our opposites argument , but their whole treatises and cause at once . but fiftly , i answer , that subjects not onely by command of gods prophets , but of god himself , and by his speciall approbation have taken up arms against their idolatrous princes , to ruine them and their posterities : a truth so apparent in scripture , that i wonder our purblinde doctors discern it not : for did not god himself , notwithstanding his frequent ( conditionall ) promises to establish the kingdom of israel on david , solomon and their posterity ; for z solomons grosse idolatry ( occasioned by his wives ) tell solomon in expresse terms ? vvherefore for as much as this is done of thee , and thou hast not kept my covenant and my statutes , which i have commanded thee , i will surely rend the kingdom from thee , and will give it to thy servant . notwithstanding in thy dayes i will not do it , for david thy fathers sake ; but i will rend it out of the hand of thy son . did not the prophet abijah in pursuance hereof , rending ierohoams garment into twelve pieces , tell him ? thus saith the lord , the god of israel , behold , i will rend the kingdom out of the hand of solomon , and will give ten tribes to thee ; and i will take the kingdom out of his sons hand , and will give it unto thee , even ten tribes ; and i will take thee , and thou shalt reign according to all that thy soul desireth , and shalt be king over israel ; and i will for this afflict the seed of david . y yea , a did not all israel upon solomons death , when rehoboam his son refused to grant their iust requests at their coming to sechem to make him king , use this speech to the king , what portion have we in david ? neither have we inheritance in the son of lesse , to your tents ô israel : now see to thine own house david . whereupon they departed and fell away from the house of david ever after , and made iereboam king over all israel . and doth not the text directly affirm ? whenefore rehoboam hearkned not unto the people , for the cause was from the lord , that he might perform the saying which the lord spake to abijah unto ieroboam , the son of nebat . after which when rehoboam raised a mighty army to reduce the ten tribes to obedience , the word of the lord came to shemaiah the man of god. saying , speak unto rehoboam and all the house of iudah and benjamin , thus saith the lord , ye shall not go up to fight against your brethren the children of israel , return every man to his house ; for this thing is from me ; they hearkned therefore to the word of the lord and returned to depart , according to the word of the lord. lo here a kingdom quite rent a way from the very house of david ; yea , a new king and kingdom erected by the people , by gods and his prophets speciall direction , and approbation , for king solomons idolatry . who is such a stranger to the sacred story , but hath oft-times read , how god anoynted iehu king , of purpose to extirpate and out off the whole house of k. ahab his lard for his and iezabels idolatry and blood-shed , in flaying the prophets , and unjustly executing naboth for his vineyard ? in performance whereof he slew his soveraign king ioram , ahaziah king of iudah , queen iezabel , all ahabs posterity , his great men , his nobles , and all the priests and worshippers of baal , till he left none remaining , according to the word of the lord which he spake by his servant elijah , kings c. . & . for which good service the lord said unto iehu , because thov hast done well in executing that which is right in mine eyes , and hast done unto the house of ahab according to all that was in mine heart , thy children of the . generation , shall sit on the thron of israel . this fact therefore of his thus specially commanded , approved , rewarded by god himself , must needs be just and lawfull , nor treason , nor rebellion in iehu , unlesse the opposites will charge god to be the author , approver , and rewarder of sin , of treason . neither will it serve their turns to reply , that this was an extraordinary example , not to be imitated without such a speciall commission from heaven , as iehu had , and no man can now a dayes expect ; b for since god hath frequently injoyned all grosse incorrigible idolaters ( especially those who are nearest and dearest to , and most potent to seduce us ) to be put to death , without any pitty , or exception of kings , whose examples are most pernicious , and apt to corrupt the whole nation , as the presidents of the idolatrous kings of israel and iudah abundantly evidence ) if kings become open professed idolaters , though private persons may not murther them , and their families , as iehu ; yet the representative body , or greater part of their kingdoms , ( as many pious divines affirm ) may lawfully convent , depose , if not judge them capitally for it : and gods putting zeal and courage into their hearts , or exciting them by his faithfull ministers , to such a proceeding , is a sufficient divine commission to satisfie conscience , if no sinister private ends , but meer zeal of gods glory , and detestation of idolatry be the onely motives to such their proceedings . c thus we read , god stirred up baacha , exalted out of the dust , and made him a prince over the house of israel , who slew king nadab , and smote all the house of jeroboam , till he left him not any that breatned , because of the sins of ieroboam which he sinned , and which he made israel sin , by his provocations wherewith he provoked the lord god of israel to anger ; who going on after in ieroboams sins , d god threatens to out off all his house , and make it like the house of ieroboam ; which was actually executed by zimri , who slew his soveraign king elah , son to baacha , with all the house of baacha , and left not one that pissed against the wall , neither of his kinsfolks , nor of his friends , according to the word of the lord which he spake against baacha by● ●chu the prophet . which act of zimri , though a just judgement in regard of god , on the family of baacha for their idolatry , was notwithstanding reputed treason in zimri , because he did it not out of conscience or zeal against idolatry , being , and continuing an idolater himself ; but onely out of ambition to usurp the crown , without the peeples consent ; whereupon all the people made omri king and then going all to the royall palace , set it on fire , and burnt omri in it , both for his sins , idolatries , and treason which he wrought . we read expresly , e that after the time that amaziah did turn away from following the lord , they ( for this ) conspired a conspiracie against him in ierusalem , and he fled to lachish , but they sent to lachish after him , slew him there ; and they brought him upon horses , and buried him with his fathers in the city of iudah . then all the people of iudah took uzziah , who was years old , and made him king in the room of his father amaziah , and he did that which was right in the sight of the lord. so f zachariah , shallum , pekahiah , pekah , four evill kings of iudah , successivly acquiring the crown by murther , and reigning evilly in gods fight , were all slain by gods just judgement on them , of one another , and hoshea . in few words , god himself ever annexed this condition to the kings of israel and iudah , that they should serve and fear him , obey him laws , keep his covenant , otherwise if they did wickedly for sake him , or commit idolatry , he would destroy , forsake , and cast them and their seed off from being * kings . when therefore they apparently violated the condition , the whole state and people , as gods instruments , lawfully might , and sometimes did by gods speciall direction , remov depose , and sometimes put them even to death for their grosse iniquities , and idolatries ; and when they did it not , it was not ( as many think ) for want of lawfull soveraign authority remaining in the whole state and people , ( as i shall fully manifest in the appendix ) but out of a defect of zeal , out of a generall complying with their kings in g their abominable idolatries and sins , which brought war , captivity , ruine , both on their kings , their posteritie , the whole nation and kingdoms of iudah , and israel , as the sacred story plentifully relates . all which considere , this object on proves not onely false , but fatall to the obiectors cause , who might with more discretion have forborn , then forced such an answer to it , which i hope and desire no private persons will abuse to iustifie any disloyalty , sedition , treason , rebellion , or taking up of arms against their lawfull princes , though never so evill , without the publike consent and authority of the representative bodies or major part of their severall realms by assed with no sinister nor private respects , but ayming onely at gods glory , and the publike weale security , peace of church and state. thus much in answer to the principall objections out of the old testament . the ninth and most materiall h objection , on which our opposites principally relie , is that noted text in the new testament , rom. . , . let every soul be subject unto the higher powers , for there is no power but of god ; the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god , and they that resist , shall receive to themselves damnation . from whence dr. fern concludes , . that the king is the supreme or highest power here intended . . that all persons under the highest power are expressely forbidden to resist . . that in those dayes there was astanding and continuall great senate , which not long before had the supreme power in the roman state , and might challenge more by the fundamentalls of that state , then our great councell will or can . but now the emperour being supreme , as s. peter calls him , or the higher power , as s. paul here , there is no power of resistance left to any that are under him , by the apostle . was there ever more cause of resistance then in those dayes ? were not the kings then not onely conceived to be inclined so , and so , but even actually to be enemies of religion , had overthrown laws and liberties ? and therefore if any should from the apostles reasons that he gives against resistance in the , , , verses . ( for rulers are not a terror to good works , but evill , and he is the minister of god to thee for good ) replie , that rulers so long as they are not a terror to the good , but ministers for our good , are not to be resisted ; the consideration of those times leaves no place for such exception , because the powers then ( which the apostle forbids to resist ) were nothing so , but subverters of that which was good and just . the emperors did then indeed rule abs●l●tely ●d arburarily , which should have according to the principles of those dayes beene astro●ger motive to resist . but how did they make themselves of subjects such absolute monarchs ? was it not by force and change of the government ? and was not the right of the people and senate ( according to the principles of these dayes ) good against them , with as much or more reason , then the right of the people of this land is against the succession of this crown , des●nding by three conquests ? . the prohibition doth not onely concern christians , but all the people under those emperors , and not onely religion was persecuted , but liberties also lost , the people and senate were then enslaved by edicts and laws then inforced on them by nero and other roman emperours , yet notwithstanding the apostle prohibits them to resist . by all which conscience will clearly see , it can have no warrant in scripture for resistance , to wit , of the king , or his invading forces , by way of necessary defence . so the doctors and other objectors hence conclude . to give a satisfactory answer to this grand objection , i shall in the first place inquire , whether there be any thing in this text , prohibiting subjects to resist with force the armed unjust violence of their princes persons or instruments , especially when they are bent to overthrow religion , laws , liberties , the republike , and turn professed tyrants ? and under correction , i conceive there is not the least syllable or shadow in this text for any such inhibition , as is pretended . not to insist upon the words , higher powers odained of god , &c. which extend not unto tyrannie and illegall exorbitant oppressions , of which hereafter ; i shall deducemy first demonstrations to prove this negative assertion , from the occasion inducing the apostle to insert these objected verses into this epistle : i dr willet recites . reasons of it , all fortifying my assertion ; i shall mention onely the three most probable , most received of them , and apply them as i go . first , the roman magistrates being then infidels , the new converted christians among them , either did , or might take themselves to be wholly exempted from any subjection or obedience to them , reputing it a great incongruity , that christians should owe any subjection to pagans : to refute which error , the apostle informs them , that though the magistrates themselves were ethnicks , yet their authority and power was from god himselfe ; therefore their profession of christianitie did rather oblige them to , then exempt them from subjection . thus haymo soto , calvin , guather , marlorat , willet , pareus , with others on this text. turn this reason then into an argument , and it will be but this non sequitur : christianity exempts not subjects from due obedience to iust pagan magistrates , ergo , tyrants may not be resisted , neither ought the parliament and their forces to resist the king cavallcers unjust assaults , as the case is formerly stated . pretty logick , and divinity . . the gaulonites , as k iosephus records , with other lews , being abrahams seed , held it unlawfull for them to yeeld any subjection or tribute to the roman emperors , or other heathen princes , reigning over them ; whereupon they demanded this question of christ himself , it is lawfull to pay tribute to caesar ? matth. . which error perehance spread it self into the christian church , by reason of evangelicall libertie , grounded on ioh. . if the son shall make you free , then are ye free indeed ; mat. . then are the children free ; and ro. . we are not under the law , but under grace . ●o refell this mistake , the apostle inserted these passages into this epistle ; thus soto , calvin , peter martyr , willet , and others . whence nothing but this can be properly concluded , neither the prerog●tive of the ●ews , not liberty of christians exempts them from due subjection to l●wfull hea he ● magistrates , because they are gods ordinance , ergo , no subjects can with safe conscience defend themselves in any case against the unjust invasions of tytannicall princes or their armies . a palpable inconsequent . thirdly , the apostle having formerly t●ught , * that christians might not avenge themselves : lest some might have inserred thereupon ( as many * anabaptists have done ) that it was not lawfull for christians to use the magistrates defence against wrongs , nor for the magistrate himself to take vengeance of evill doers : to prevent this the apostle argues , that the magistrates are gods ministers , appointed by him to punish malefactors , and take vengeance on them . so gualther , willet , and others . to conclude from this ground : oppressed subjects may seek redresse of their grievances from the magistrates , who may lawfully punish malefactors , ergo , they may not resist with force , tyrannicall bloody magistrates , or their wicked instruments , when they actually make war upon them , to ruine , spoyl , enslave them , is but a ridiculous non sequitur . there is nothing therefore in the occasions of the apostles words which gives the least colour , to disprove the lawfulnesse of such resistance , or of the parliaments just defensive war. secondly , this is manifest by the whole scope of this text , which in summe is onely this , that christians ought in conscience to ( l ) be subject to all lawfull higher powers , so farre forth as they are gods ordinance , gods ministers , for their good , to the praise of the good , and punishment of evill doers , and notto resist them in the execution of their just authority : or christianity exempts not christians from obedience unto faithfull civill magistrates : to inferre from thence . ergo it is unlawfull for christians in point of conscience to resist their magistrates when they warre upon them to subvert religion , lawes , liberties , slay , plunder them , is but a meer non-sence deduction . thirdly , this appeares most perspicuously from the motives to obedience , and reasons against resistance of magistrates specified by the apostle in the text it selfe . first , the higher powers must be submitted to , and not resisted , because they are ordained of god , and are gods ordinance , vers . . . but they are ordained of god and his ordinance , so far forth only as they govern according to his word ; and preserve , m protect religion , lawes , liberties , the persons and estates of their people ; they are not gods ordinance , n but the devils , when they doe quite contrary , o walking about like roaring lions , seeking whom they may devoure , as the devill doth ; according to that resolution of bracton , and fleta p exercere debet rex potestatem iuri● sicut dei vicarius & ministeri in terra , quia illa potestas solivs dei est potestas autem injuriae diaboli et non dei ; cujus horum operum fecerit rex ejus minister erit . igitur dum facit justitiam , vicarius est regis aeterni : minister avtem diaboli dum declinat ad injuriam . therefore they are so farre forth onely to be obeyed and not resisted , q as they are gods ordinance , and lawfull magistrates , not as they are tyrants and the devils agents : we might have obeyed the evill spirits themselves whiles they continued good angels ; ergo we must not resist them now they are turned devils , is ill logick , course divinity , contrary to the pet. . , . iam. . . secondly , because those who resist shall receive to themselves damnation , temporall or eternall , since they resist gods ordinance , v. . but that subiects should be temporally and eternally damned , only for resisting tyrannicall magistrates or their cavaleers , and that by authority from the parliament , when they with armed violence most impiously set themselves to subvert religion , lawes , liberty , propertie , and take away their lives , against all lawes of god and man ; for which they themselves incurre both r temporall and eternall damnation , is such a paradox , as is no wayes warranted by , but directly opposite to the scripture . therefore it must be intended onely of resisting lawfull authority , and iust commands . . they must be subiected to , not resisted , because rulers are not a terror to good work , but to evil , v. . now is this a reason why subiects should not resist tyrannicall oppressing princes , magistrats , or their instruments , who are only a terror to good works , not to evill ? who do s evill and only evill continually , even with both hands ? doubtlesse not . we must not resist rulers who are a terror to good works but to evill ; ergo , we must not resist rulers , who are a terror to good works , not to evill , as our opposites conclude hence , is to argue poi●● blank against the apostle ; ergo , we may and must resist them to our powers , lest we be t partakers of their sinnes and punishments , and become authors of religions and the commonwealths subversion , is a more proper inference . fourthly , the apostle subjoynes this argument against resistance . wilt thou not then be afraid of the power ? doe that which is good , and thou shalt have praise of the same , vers . . that power is not to bee resisted , which wee need not be afraid of , and of whom we shall have prayse whiles we doe that which is good : but this onely can bee intended of a lawfull power justly executed ; not of tyrants , or their ill ministers bent with force of armes to ruine religion , lawes , liberties , ; who onely terrifie , disgrace , discountenance those that are good ; applaud , advance none but those who are evill , and as micah writes , chap. . . . love the evill and hate the good , and pluck off their skin from off them , and their flesh from off their bones , &c. therefore this inhibition of resistance extends onely to lawfull magistrates , not to ungodly oppressing tyrants . fiftly , he is not to be resisted , but obeyed ; because he is the minister of god to thee for good , vers . . but is this true of tyrants ? of ungodly magistrates bent to subvert religion , lawes , liberties , and destroy their people ? true of u caligula , of nero , who wished all the romans had but one necke , that he might cut them all off at one stroke ; and purposely fired rome to consume it , beholding the flames as a most delightfull spectacle ? are such the ministers of god for our good here intended ? or not rather , x the very pests , judgements , scourges , wolves , cut-throats , destroyers of mankind , and direct antinodes to all things that are good ? if these be not within the apostles definition , they are without his inhibition ; which extends onely to such , who are the ministers of god to us for good : and implies a lawfulnesse of resisting those who are the devils ministers to us for evill , rather then gods for good . sixtly , he subjoynes this further reason of obedience and not resistance , vers . . but if thou dost that which is evill be afraid ; for he beareth not the sword in vaine ; for hee is the minister of god , a revenger , to execute wrath upon him that doth evill ; which no wayes suites with a tyrant bent to subvert religion , lawes , liberties : for he secures all evill men , especially those who are instrumentall to advance his cruelty , and oppressions ; gives liberty to all manner of wickednesses , proclaimes impunity to his ill instruments , knowing that of the poet to be true ; y libertas scelerum est quae regna invisa tuetur , &c. he beareth the sword not onely in vaine , in reference to any good end , for the promoting of gods glory and the publike good ; but likewise draweth it forth , and useth it directly against both ; z and is so farre from being a minister of god , or revenger to execute wrath upon them that doe evill , that he is the very minister of the devill , a tertullian , nihil nisi grande aliquid bonum a nerone damnatum . this reason then extends onely to righteous governours , in their execution of justice upon wicked malefactors wherein they must not be resisted ; not to bloody , gracelesse , lawlesse tyrants and their instruments , who by the rule of contraries may and ought to be resisted in their cruelties , oppressions , impieties . seventhly , the apostle hereupon concludes , vers . . wherefore you must of necessity be subject not onely for wrath , but also for conscience sake . this conclusion as the word , wherefore , demonstrates , being inferred from the premised reasons , extending onely to extends to all civill magistrates , as well inferiour and subordinate , as superiour , ( and many sticke not to straine it even to ecclesiasticall ones ) so origen , ambrose , hierome , remigius , theodulus , chrysostome , theodoret , primasius , haymo , rabanus maurus , theophylact , oecumenius , haymo , aquinas , anselm , lyra , bruno , gorran , hugo de sancto victore , tostatus , luther , calvin , erasmus , melanchthon , gualther , musculus , bucer , hemingius , ferus , fayus , soto , alexander alesius , peter martyr , pareus , beza , piscator , zuinglius , tollet , willet , wilson , nacclantus , snecanus , vignerius , wenerichius , winckelman , estius , faber , cornelius a lapide , salmeron , catharinus , guilliandus , adam sasbout with sundry others . this then being irrefragable , hereby it is most apparent ; first , that no resistance of the higher powers is here prohibited , but onely in the due and legall execution of their offices : for if any inferiour officers illegally indeavour to subvert religion , lawes , liberties , and unrightly governe the people , they may lawfully be resisted by them : for example , if a maior , justice of peace , constable or other officer ; extravagating from the common course of law and justice ; shall with force of armes in a riotous manner assault any private man , or the whole citie or village where he lives , to beate , wound , kill , plunder , dispossesse the inhabitants of their houses , goods , franchises , or assault them on the highway side , to take away their purses ; in these and such like cases , both in point of law and conscience he may not onely be forcibly resisted , but repulsed , apprehended , battered , if not lawfully slaine by the people , and proceeded against as a delinquent : the reason is , because these illegall unjust actions , are not onely besides , without their commissions , but directly contrary to their offices , and the lawes , which never gave them authority to act such injustice : yet they are higher powers ordained of god , within this text , and no way to be resisted in the due execution of their offices according to law. if then these inferiour officers may be thus forcibly resisted , repulsed , notwithstanding this text , in such cases as these ; then by the selfe same reason kings and emperours may bee thus resisted too ; since the text extends indifferently to them both . let then the objectors take their choyce ; either affirme , that no inferiour lawfull officers whatsoever , may be forcibly resisted , by the people , or repulsed , arraigned censured for their misdemeanour , by vertue of this text ; which would bring an absolute tyranny , anarchy and confusion presently into the world , and make every constable as great a tyrant , monarch as the grand emperor of the turks ; or else confesse , that this text condemnes not such resistance , even of kings and princes , when they forcibly war upon their subjects to subvert religion , lawes , liberties , and ruine the republike ; since it makes no distinction at all betweene the ones power and the others ; but equally enjoynes subjection , prohibits resistance unto both ; and that onely in just administration of their severall authorities , not in the arbitrary unjust prosecutions of their wils and lusts . secondly , it followes , that the kings souldiers , cavaliers and forces now raised against law , and armed onely with illegall commissions voyd in law , as i have proved ; are none of the high powers ordained of god , nor lawfull rulers or magistrates within the meaning of this scripture ; and so the forcible resisting of them , and of the kings illegall commands and designes executed by them , is no resistance of the higher powers here prohibited . thirdly , that the houses of parliament being in truth the highest powers ordained of god in this realme , and their just legall ordinances , votes , forces , for the necessary defence of lawes , liberties , religion , against the kings ill counsellors , and malignant popish forces , neither may , nor ought in conscience to be resisted by the king himselfe , or any of his subjects , souldiers , under the perill of that damnation mentioned in this chapter . for the second , whether the roman emperor in pauls time was the highest soveraign power in the roman state , or not ? it is taken for granted by doctor ferne and other a opposites , that he was , as a thing past doubt , the senate and people ( as they say ) having resigned up their power to the emperour . but this no doubt is a grosse errour , ( which i have largely refuted in the appendix , and therefore shall be the briefer here ) derived from some civill lawyers ; who out of justinian . digest . lib. . tet. . and instit . tit. . falsly affirme , that lege regia ; by the regall law the senate and people transferred all their empire and power unto the emperour . for first the senate and people ( as albericus gentilis well observes ) did not by this law give the emperour all power and command to dispose of them , or the lands and revenues of the empire , as he pleased ; but onely to governe them according to their lawes , as men ; not to slay and alienate them as beasts . thus reason dictates , so the words of the law sound . c divines are deceived , lawyers flatter , who perswade , that all things are lawfull to princes , and that their power is highest and free . it is ridiculous to affirme , that absolute power over the subjects belongs to popes ; which belongs not to the emperours themselves over the italians , from whom they derive it . imagine therefore that the emperour had a power never so free , yet it is not of dominion , but of administration . d and he who hath but a free administration hath not the power of donation . e a gardian is then reputed in stead of a lord , cum tutelam administrat , non cum pupillum spoliat ; when he rightly administers his tutelage , not when he spoyles his pupill . so gentilis . if then the emperours had onely a free legall administration , not an absolute dominion ; granted them by the people , then this soveraigne power still resided in the senate and people , as justinian digest . lib. . tit. . de origine juris , will sufficiently manifest : secondly , f john bodin a learned civilian clearely proves : that the roman emperors were at the first ; nothing else but princes of the commonweale , the soveraignty neverthelesse still resting in the people , and the senate : so that this common-wealth was then to have beene called a principality ; although that seneca speaking in the person of nero his scholler , saith . i am the onely man amongst living men , elect and chosen to be the lieutenant of god upon earth : i am the arbitratour of life and death ; i am able of my pleasure to dispose of the state and quality of every man. true it is , that he tooke upon him this soveraigne authority , by force wrested from the people and senate of rome , ( therefore not freely given him by any law ) but in right he had it not , the state being but a very principalitie wherein the people had the soveraignty . in which case , there is no doubt but that it is lawfull to proceede against a tyrant by way of justice , if so men may prevaile against him : or else by way of fact , g and open force , if they may not otherwise have reason ; as the senate did in the first case against nero : and in the other against maximinus . so bodin , who directly resolves , that even in nero his raigne when this epistle was written , the highest soveraigne power was not in the emperour , but in the senate and people : who notwithstanding this objected text , had no doubt a lawfull right , not onely to resist nero when he turned tyrant with open force , but likewise judicially to arraigne and condemne him even to death , as they did , for his publike crimes . now that the soveraigne highest power remained in the senate and people notwithstanding this lex regia , marius salamonius ( an incomparable learned roman civilian ) hath largely proved in his six bookes de principatu ( purposely written to refute the contrary common error ) where he writes , first , that the roman emperors were created and constituted onely by the senat and people ; and that the creature should be superiour to the creator , the child to the parent , is absurd . secondly , that the emperours were but the senates and peoples publike servants ; therefore they were their lords ; and not inferiour , but superiour to their servants . thirdly , that they were subordinate and inferiour to the lawes made by the senate and people ; and bound by all their lawes , but such as the senate and people did by speciall acts exempt them from . fourthly , that the people and senate did by speciall lawes create , limit , h enlarge or abridge their emperours power and jurisdiction , as they saw cause , giving sometimes more or lesse jurisdiction to one emperour then another : which they could not justly doe , were they not the highest soveraigne power . finally he proves it by the very lex regia it selfe ; which because rare and unknowne to most , i shall here recite , to informe and reforme our ignorant court doctors , lawyers , with salamonius his observations from it . lex regia , was not onely one single law : there was not one law for all emperours , but it was revived for every emperour , yet not with the same conditions . the brasse table which yet hangeth in the lateran church , proves that the royall law was accustomed to be altered in every princes reigne at the pleasvre of the roman people ; for it is part of the royall law of the empire of vespatian , that it should be altered : which had beene voyd , if from the beginning of the empire a perpetuall law had beene made for all successors ; the words of the law are these . ; faedusve cum quibus volet facere , ita ut licuit divo augusto , tyber . julio caesari aug. tyherioque claudio , julio caesari aug. germanico . vtique eum senatum habere , relationem facere , remittere senatus consulta , per relationem , discessionemque facere liceat , ut licuit divo augusto , tiberio , julio caesari augusto , tyberio , claudio caesari augusto germanico . vtique quum ex voluntate , auctoritateue , jussu , mandatione ejus , praesenteve eo senatus habebitur , omnium rerum jus perinde habeatur , servetur , ac si●e lege senatus edictus esset , habereturque . vtique coss . magistratus potestatem , imperium , curationemve cuivis rei petenti senatui populoque romano commendaverit , quibusve suff●agationem suam dederit , promiserit , eorum comitiis quibusque extra ordinem , ratio habeatur . vtique ei fines pomaerii proferre , procurare , cume rep. censebit esse , liceat ; uti licuit tiberio , claudio caesari , augusto germanico . vtique quaecunque ex usu reip. majestate divinar : humanar : publicar : privatarumque rerum esse censebit , ea agere , facere jus , potestasque sit , ita uti divo aug. tyberioque , julio caesari aug. tyberioque claudio aug. germanico fuit . vtique quibus legibus , plebisve scitis scriptum fuit , ne divus augustus tyberiusve , jul. caes . aug. tyberiusve , claudius caes . aug. germanicus tenerentur ; his legibus plebisque scitis imp. aug. vespatianus solutus sit ; quaeque ex quaque lege , rogatione divum aug. tyberiumve , iul. caesarem aug. tyberiumve , claudium caes . aug. germanicum facere oportuerat , ea omnia imperatori caesari vespatiano aug. facere liceat . vtique quae ante hanc legem rogatam , acta , gesta , decreta , imperata , ab imp. caesare vespatiano augusto , jussù , mandatuve ejus a quoque sunt , ea perinde justa rata sint , ac si populi plebisve jussù acta essent . sanctio . si quis hujusce legis ergo adversus leges , rogationes , plebisve scita , senatusue consulta fecit , feceritve , sive quod cum ex lege , rogatione , plebisve scito , senatusve consulto facere oportebit , non fecerit , hujus legis ergo , id ei ne fraudi esto , neve quid ob eam rem populo dari debeto , neve de ea re cui , actioneve judicato esto , neve quis de ea re apud eum agi sinito . this law first shewes , that there was not one royall law made for all emperors , but that for every severall emperour severall lawes were necessary , containing the conditions whereupon the principalitie was collated by the roman people : for to vespatian , it appeares power was granted , of enlarging or setling the bounds , as it was granted to germanicus , but not to other princes . and in the last chapter but one , which saith : and by those things which by any law , &c. it is lawfull to doe ; a larger power is given to vespatian then to the forenamed emperours ; and that they ought to doe some things , which vespatian ought not to doe by law. likewise by these words ; vtique quibus legibus , &c. solutus sit : it appeares that vespatian was not freed from all lawes , nor yet the emperour before him . likewise out of the chapter where it saith , ex usu reip. majestate , &c. it is evident that not an absolute free administration of things was committed to the emperours , but onely such as was usefull , that is , which should be for the profit and honour of the republike : whence is inferred , that those things which were not for the benefit and honour of the commonweale , emperors had no right nor power to doe . and in the last chapter is perspicuously set downe that superiour power of the people , greater then the principality it selfe . how then doth vlpian say , the prince is loosed from lawes ? he saith not from all lawes : verily that he was exempt from many is no doubt , &c. ( yet it was by a speciall clause in the lex regia . ) this and much more salamonius . all which considered , will infallibly evidence , the roman senate and people to be the highest power in pauls time , not the emperour ; who even at this day ( as i bodin proves ) is inferiour to the germane states , who are the soveraigne power : when king henry the fourth of france , anno . used this speech to the duke of savoy ; k if the king of france would be ambitious of any thing greater then his crowne , it might be an empire , but not in the estate that it is now , the title of empire being little more then that of the duke of venice ; the soveraingty ( writes the historian in the margin ) remaining in the states of the empire . all that is objected against the premises , is that passage of tertullian , much insisted on : colimus ergo & imperatorē sic , l quomodo & nobis licet , & ipsi expedit , ut hominem à deo secundum ; & quicquid est à deo consecutum , solo deo minorem . hoc et ipse volet : sic enim omnibus major est , dum solo vero deo minor est. sic & ipsis diis major est , dum & ipsi in poteste sunt ejus , &c. to which i answer , that these words onely prove the emperour in the roman state to be the highest officer and magistrate under god , of any one particular person ; not that he was the soveraigne highest power above the senate and people collectively considered : and the occasion of these words will discover the authors intention to be no other : which was this . the christians in that age were persecuted and put to death by scapula president of carthage , to whom m tertullian writes this booke , because they refused to adore the emperour for a god , to sweare by his genius , and to observe his solemnities and triumphs in an ethnicall manner ; as is evident by the words preceding this passage : sic & circa majestatem imperatoris infamamur , &c. and by sundry notable passages in his apologeticus . in answer to which accusation tertullian reasons in the christians behalfe ; that though they adored not the emperour as a god ; yet they reverenced him as a man next under god ; as one onely lesse then god ; as one greater then all others , whiles lesse onely then the true god , and greater then the idol gods themselves , who were in the emperours power , &c. here was no other thing in question ; but whether the emperour were to be adored as god ? not , whether he or the roman senate and people were the greatest highest soveraigne power ? and the answer being , that he was but a man next under god , above any other particular officer in the roman state ; is no proofe at all , that he was paramount the whole senate and people collectively considered , or of greater soveraigne power then they ; which the premises clearely disprove . adde ; that this father in his apologie thus censures the pagan romans for their grosse flattery of their emperours whom they feared more then their gods , appliable to our present times ; siquidem majore formidine & callidiore timiditate caesarem observatis , quam ipsum de olympo jovem , &c. adeo & in isto irreligiosi erga dees vestros deprehendimini , cum plus timoris , humano domino dicatis ; citius denique apud vos per omnes deos , quam per unum genium caesaris pejeratur . then he addes , interest hominis deo cedere ; satis habeat appellari imperator : grande & hoc nomen est , quod a deo tradetur : negat illum imperatorem qui deum dicit ; nisi homo sit , non est imperator . hominem se esse etiam triumphans in illo sublimissimo curru admonetur . suggeritur enim ci a tergo , respice post te ; hominem memento te . etiam hoc magis gaudet tanta se gloria coruscare , ut illi admonitio conditionis suae sit necessaria . major est qui revocatur ne se deum existimet . augustus imperii formator , ne dominum quidem dici se volebat : et hoc enim dei est cognomen . dicam plane imperatorem dominum , sed more communi , sed quando non cogor , ut dominum dei vice dicam . concluding thus : nullum bonum sub exceptione personarum administramus , &c. lidem sumus imperatoribus qui & vicinis nostris . male enim velle , male facere , male dicere , male cogitare de quoquam ex aequo vetamur , quodcunque non licet in imperatorem , id nec in quenquam : quod in neminem , eo forsitan magis nec in ipsum qui per deum tantus est , &c. from which it is evident , that the christians did not deifie nor flatter their emperours more then was meet , and deemed they might not resist them onely in such cases where they might resist no others , and so by consequence lawfully resist them , where it was lawfull for them to resist other private men who did injuriously assault them . if then the roman emperors were not the highest soveraigne power in the roman state when paul writ this epistle , but the roman senate and state , as i have cleared : and if the parliament , not the king , be the supremest soveraigne power in our realme , as i have abundantly manifested ; then this objected text ( so much insisted on by our opposites ) could no wayes extend to the roman senate , state , or our english parliament , who are the very higher powers themselves , and proves most fatall and destructive to their cause of any other , even by their owne argument , which i shall thus doubly discharge upon them . first , that power which is the highest and most soveraigne authority in any state or kingdome by the apostles and our antagonists owne doctrine , even in point of conscience , neither may , nor ought in what case soever ( say our opposites ) to be forcibly resisted , either in their persons , ordinances , commands , instruments , offices , or armed souldiers , by any inferiour powers , persons or subjects whatsoever , especially when their proceedings are just and legall , under paine of temporall and eternall condemnation . but the senate among the romans , not the emperour ; and the parliament in england , not the king , really were and are the higher powers and most soveraigne authority . therefore by the apostles own doctrine even in point of conscience , they neither may nor ought to be disobeyed or forcibly resisted in any case whatsoever , either in their persons , ordinances , commands , instruments , officers , or armed souldiers , by the king himselfe , his counsellors , armies , cavaliers , or by any inferiour powers , persons , or subjects whatsoever , especially when their proceedings are just and legall , ( as hitherto they have beene ) under paine of temporall and eternall condemnation . i hope the doctor and his camerads will now beshrew themselves that ever they medled with this text , and made such a halter to strangle their owne treacherous cause , and those who have taken up armes in its defence . secondly , that power which is simply highest and supreame in any state , may lawfully with good conscience take up armes to resist or suppresse any other power , that shall take up armes to subvert religion , lawes , liberties , the republike , or the just rights and priviledges of the subject , or of this higher power . this is our opposites owne argumentation . therefore the parliament being in verity the highest supreame power in our state , may lawfully with good conscience take up armes to resist or suppresse his majesties malignant , popish forces , or any other power which already hath , or hereafter shall be raised to subvert religion , lawes , liberties , the republike , just rights and priviledges of parliament , or the subjects ; and every man with safe conscience may chearefully serve in such a warre , upon the parliaments encouragement or command , without guilt of treason , or rebellion either in law or conscience . for the third question ; whether tyrants or unjust oppressing magistrates , as they are such , be within the intendment of this text , and not to be resisted in any case ? i have fully cleared this before from the occasion , scope and arguments used in this chapter ; that they are not within the compasse of this text ; as they are such , and may be resisted in their tyranny and oppressions notwithstanding this inhibition ; i shall not repeat , but onely fortifie this position with some new reasons and authorities . first then , that which is not the ordinance of god , but rather of the devill , and the meere sinne and enormity of the governour himselfe , not of the government , is not within the intention of this text , and may lawfully bee resisted without any violation of it . but tyrants and unjust oppressing magistrates as they are such , are n not gods ordinance , but rather the devills , and their tyranny and oppression is onely the sinne and enormity of the governours themselves , not of the government ; a truth granted by all men : therefore they are not within the compasse of this text , and may lawfully be resisted without any violation of it . secondly , that which is no point of the magistrates lawfull power ordained of god , but diametrally repugnant to it , cannot be within the meaning of this text , and may lawfully be resisted ; but the tyranny , oppression , rapine , and violence of lawlesse kings and magistrates are such , as all must and doe acknowledge . ergo , they are not within the verge and compasse of this text , and may lawfully bee resisted . thirdly , all powers intended in the text , are not only ordained , but ordered of god , that is , o paraeus with others observe ) they are circumscribed & bounded with certain rules or lawes of justice and honesty , within which they must containe themselves , else they exorbitate from gods ordinance when they passe beyond these limits , and become none of gods ; this the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( which arias montanus and others render , ordinatae , and the margin of our english bibles , are ordered of god ; ) doth sufficiently warrant being coupled with the subsequent limitations ; for rulers are not a terrour to good workes , but to evill , &c. they are gods ministers attending continually on this very thing . now the tyranny and oppression of kings and other rulers , are meere exorbitances , arbitrary illegall actions , exceeding the bounds of justice and honesty prescribed by the lawes of god and men . therefore not within the limits of this text , and resistible . fourthly , it is generally accorded by all commentators , that though the lawfull power of princes or other magistrates degenerating unto tyrants , be of god , and not to be resisted ; yet the tyranny it selfe , and abuse of this power is of satan , not of god , and the vice of the persons onely , not of the power it selfe ; whence they conclude , that tyrants are not within the meaning of this scripture . so origen , paraeus , willet , with most others on this text ; and zuinglius most expresly explanatio artic. . tom. . f. . . where he complaines , that many tyrants , cheate , steale , rob , slay , plunder , and attempt any thing against their subjects to oppresse them ; assuming a pretext and vayle of their malice from this text of paul. yea dominicus soto , cajetan , pererius , and other popish commentators on this place observe ; that paul addes this epithet , of higher or excelling powers ( omitted by him in other parallel texts ) of purpose to exclude tyrants , who are no excelling lords , nor lawfull powers ; reigning oft times by gods permission for the peoples punishment ; not by his ordination for their good : and blame bueer for saying , that tyrants power is from god , as if he were ths author of sinne and tyranny . this then fully answers that absurd errour of doctor p ferne , wherein all his force is placed : that the power in pauls dayes which he here prohibits to resist , were subverters of that which was good ; and the roman emperors tyrants : where he sottishly confounds the tyranny , lusts , and vices of the emperors persons , which were detestable , with their power it selfe , which was good and commendable ; as if the imperiall power it selfe was ill , because nero was ill , and was q therefore justly condemned to death by the roman senate , as a publike enemy to the roman state , though they approved and continued his just imperiall principality , which lasted in succession for many hundred yeares after his censure , death . to which i shall onely adde ; that though nero himselfe were a tyrant , yet the roman senate , and all their inferiour offices were not tyrants ; many of them , no doubt , being just and upright magistrates . the precept therefore being thus in the generall , and the plurall number , let every soule be subject unto the higher powers ; nor personall ; let them be subject to nero ; or speciall , to the roman emperour ( whom paul no doubt would have r specified , had he specially intended them , as our opposites fondly dreame ; ) we may safely conclude , that the apostle intended it onely of lawfull powers and magistrates , not of nero or other tyrants : and writ this to christians onely , to whom he dedicates this epistle , witnesse ch. . v. . to all that be at rome beloved of god , called to be saints , &c. not to pagan romans , as the doctor dreames , to whom he writes not ; much lesse to the roman senate , who were then the soveraigne power ; and therefore could bee subject to no other but themselves . precepts of obedience to children and servants , concerne not parents and masters as such , in point of submission or obedience . for the fourth quere : whether kings and kingdomes be gods ordinance ; or an institution jure divino , not a humane ordinance , instituted jure humano ? or , how farre divine or humane ? is a necessary considerable question grounded on this text , and very needfull to be discussed to cleare the present controversie . some of our opposites are so intoxicated with the divinity of monarchy , as they confidently s determine ; hat the efficient cause of royall monarchicall power is onely god ; not the people . that kings receive no power or regall authority from the people , but from god alone ; that the power of kings is not a humane , but a divine power , of which god onely is the efficient cause . that the people doe not make the king , but god properly and absolutely ; this power , right and authority he hath from god. that the king hath no dominion and power from his subjects by way of trust , but from god , from whom he hath his kingdome and power , so that by idolatry and oppression , he breakes not the trust reposed in him by his subjects , because the people have committed nothing to his charge , but god onely , &c. for proofe whereof they produce prov. . . by me kings reigne , dan. . . god removeth kings and setteth up kings , dan. . . . the most high ruleth in the kingdome of men , and giveth it to whomsoever he will ; and setteth up over it the basest of men , with hos . . . sam. . . jer. . , , . isay . , . and other texts . to answer this question distinctly , and dissipate these grosse erroneous paradoxes ; we must distinguish : first , betweene , government it selfe in generall , and kingly or other kindes of government , in speciall , ( as our opposites distinguish betweene , a sabbath , and the sabbath ; the first they say is morall and of divine institution , the later not . ) secondly , betweene the regall power of kings , the persons invested with this power , the manner of obtaining , and the administration of their power . thirdly , of gods manner of instituting and ordaining things ; which is twofold , immediately by himselfe , mediately by others . and these institutions of both kinds are either universall , extending to all places , nations ; or particular , concerning some countries , and nations onely , and not others ; perpetuall for ever , or temporall onely for some set time : immutable , not capable of the least alteration ; or mutable , and that either at the pleasure of god onely ; or at the will of men , when they shall see just cause , either in part or in whole . fourthly , in what severall senses things may be said to be of god. first , in respect of his owne immediate institution . secondly , of his generall or speciall commands . thirdly , of his generall or speciall disposing providence , without any speciall institution or command . fourthly , of his approbation of , assent unto , and blessing on the meere institutions of men . fiftly , of his permission onely . to apply these distinctions to the present occasion . first , it is cleare , that power and government in generall are gods owne institution ; who as he hath appointed ( in the great fabricke of the world a t certaine constant forme of government and subordination of one creature to another ) so he hath for the good of mankinde , appointed that there should be some forme of government or other among men in the world ; which in respect of families hee hath specially and universally decreed , u as that the wife should be subject to the husband , the children to the parents , the servants to their masters ; but in regard of commonweales , or nations , hee hath left it arbitrary and indefinite , leaving every nation and country free liberty to elect such a publike politike forme of government , as themselves should judge most expedient for their publike good , and that mutable ( since all humane things are so ) as they should see just occasion , not prescribing any sempiternall , immutable forme of government to any particular nations , regions , much lesse to all the world . secondly , government in generall being thus of god , but the kindes of it thus left arbitrary to mens institution and free election ; the particular governments instituted by any nation for the better regulating of their lives , the preservation of humane society , and advancement of gods glory , may be truely said in some sense to be of god , though instituted , invented by men . not because god himselfe did immediately ordain or prescribe them by speciall command to all , or any one people : or because god himself did immediately ordaine or prescribe them by speciall command to this , all , or any one people : but because hee by his generall or speciall providence did direct this nation to make choyse of such a government , or gave them wisedome to invent and settle it , as most commodious for their republike , till they should see cause to alter it : or because he blessed and approved it , when invented and received by them . thirdly , kingly powers , kingdomes , kings ( the things now in question ) are , and may be said to be of god , and ordained of god , in no other manner or sense , then all other particular governments or magistrates are . for this text of the romans , speaking onely of the higher powers , the powers that are , and of rulers ; as doth that place of titus . . and the text of prov. . , . ( so much relied on by the objectors ) extending as well to all subordinate rulers as kings ; witnesse the subsequent words , by me kings reigne , and princes decree justice : by me princes rule and nobles , yea all the judges of the earth ; ( that is , all magistrates whatsoever ) it cannot but be yeelded ; that all and every lawfull kinde of government , all lawfull rulers and magistrates of what fort soever are of gods ordination , and his ordinance , as farre forth as monarchies are ; and what is truely affirmable of the one , is of the other too . these generalls thus premised as indubitable ; i say first of all : that monarchy or regall power is not of god , nor yet gods ordinance by way of immediate divine institution or speciall command from gods owne free motion , as our opposites affirme it . for first , god himself never immediately instituted a royall monarchicall government in any nation whatsoever , no not among his owne people ; whose government was at first y paternall and patriarchicall ; next aristocraticall ; then regall ; not by gods immediate institution and voluntary designation ; but by the peoples earnest importunity , contrary to the good liking of god and samuel , as is evident by sam. c. , and , and , and . hos . . . and the appendix . secondly , z all politicians , and historians grant , that the originall crection of all monarechies was either by the peoples free consent and ordination ; or by tyranny and usurpation ; or be conqest ; none by divine institution or speciall command from god : and it must needs be so , because most a kingdomes were primitively erected , either among pagan nations and states , who knew not god nor his word , or among christian states since speciall commands and revelations from heaven ceased : which if our opposites deny ; i shall desire them to instance in any one monarchy in the world , instituted immediately by god himselfe , or by speciall command from his owne free motion : till this be done , all their asseverations will be accounted fabulous . thirdly , if regall power be gods ordinance by way of divine immediate institution and command ; then this institution of regall monarchy , with the severall prerogatives , and boundaries of it , would appeare in some text of scripture , and this government would be specially and perpetually prescribed either to all , or some particular nations by god himselfe . but this institution , with the generall prerogatives and bounds of regall authority , are no where extant in scripture , neither this forme of government therein prescribed , but left arbitrary to all or any nation in particular , for ought any man can demonstrate . those texts which concerne the kings of the israelites in point of soveraignty , and prerogative , being judiciall onely , and peculiar to that nation , nor morall , or extending unto others . therefore it is not gods ordinance by way of divine immediate institution , or command . fourthly , if it were of divine ordination in this sense ; then the regall power and authority of all kings and monarchs in the world should bee equall , yea the very same ; and there should be no different kinde of kings ; as the divine authority of all ministers ( being of gods owne institution by one and the same commission ) is one and the same : but the regall power and jurisdiction of all kings and monarchies in the world is not equall nor the same ; for some have farre greater authority then others ; there are many different sorts of kings in the world , some onely annuall , others for life , others hereditary , others at will , deposible at the peoples pleasures when ever they offended , ( such were the kings of the b vandalls in africk , of the c gothes in spaine ; cum ipsos deponerent populi quoties displicuissent : such the kings of the heruli ( procopius , gothicorum ) of the lombards , paulus warnafredi , l. . & . of the burgundians , ammianus , . lib. . of the moldavians , laonichus chalcocandylas ; the king of agadis among the africans , joannis leo , lib. . of the quadi and jazyges ( in excerptis dionis ) with sundry others hereafter mentioned . ) some elective , others successive , some conditionall , others absolute , as i have plentifully mentioned in the appendix . therefore they are not of divine ordination in the objectors sense . fiftly , if kings were of divine ordination in this sense , then their kingdomes and people upon their elections , institutions and coronations could not justly prescribe any conditions , oathes or covenants to them , upon promise of performance whereof they onely accept of them to be their kings , refusing else to admit them to reigne over them ; and such conditions , oathes , covenants , would be meere nullities , since men have no power at all to detract from gods owne divine institutions , or to annex any conditions or restrictions to them . but our antagonists themselves dare not averre , that kingdomes and nations upon their kings coronations , institutions and elections may not lawfully prescribe conditions , oathes , and limitations to them , upon promise of performance whereof they onely submitted to them as their soveraignes , it being the received practise of our owne , of all or most other kingdomes whatsoever , e especially elective ones , and confirmed by divine authority , chron. . . to . therefore they are not of divine institution in the objected sense . sixthly , all f lawyers and most orthodox divines determine , that kings have no other just or lawfull royall authority , but that which the lawes and customes of their kingdomes allot them , and that the law onely makes them kings , from which if they exorbitate they become tyrants and cease to be kings . their royall authority therefore is of humane institution properly , not divine ; from their people , who both elect , constitute them kings , and give them all their regall authority by humane lawes enacted , not from god as the onely efficient cause . seventhly , all kingdomes , monarchies , policies , are mutable and variable in themselves , while they continue such ; yea , temporary and alterable into other formes of government by publicke consent , if there be just cause ; without any immediate command or alteration made by god himsele , or his divine authority : there being no positive law of god confining any nation , ( whose humane earthly condition is still variable ) to a monarchicall or any other constant forme of government only , much lesse for perpetuity without variation . therefore , they are not of divine institution in this sense . eightly , st. peter expressely defines kings and monarchies , in respect of their institution , to be humane creatures , or institutions , pet. . . submit your selves to every ordinance of man for the lords sake ; whether it be to the king , as supreame , &c. and they are common to pagans who know not god , as well as to christians . therefore , they are not simply divine , but humane ordinances . ninethly , our antigonists will yeeld , that other formes of government , whether aristocraticall , oligarchicall , democraticall , or mixt of all three , are not absolutely and immediately of divine institution ; nor yet dukes , principalities , with other inferior rulers , though the apostle in this text makes them all equally gods ordinance , and divine . therefore monarchy , kings and kingdomes are not so . tenthly , the very text it selfe seemes to intimate , that royalties and higher powers are not of god , by way of originall or immediate institution , or command : for the apostle saith not ; that all powers whatsoever were originally instituted and ordained by god himselfe ; but , there is no power but of god ; the powers that be , are ( not were at first ) ordained ( or rather , ordered ) of god : that is ; where powers and governments are once erected by men , through gods generall or speciall providence , there god approves and orders them for the good of men . . if monarchies , and kings themselves be not of divine institution , and gods ordinance in the former sense , as is most apparent : & aristotle , plato , all politicians grant ; then they are so onely in some other sense , in what i shall truely informe you . first , they are of god , and his ordinance , by way of imitation , as derived from gods owne forme of government , which is monarchicall ; whence he is called , g the only god , god alone , h the king of kings , and lord of lords . secondly , by way of approbation ; he i approves and allowes this kinde of government where it is received , as well as other formes . thirdly , by way of direction , he gives divers generall k rules and directions to kings ( and to other rulers and magistrates also as well as them ) in his sacred word how they ought to demeane themselves , towards him and their subjects ; and likewise l to subjects , how they should carry themselves towards their kings ; and all other rulers and governours temporall or spirituall : in which sense they may be properly said , to be ordered and ordained too , of god. fourthly , by way of speciall providence and incitation ; god excites and moves some people to make choyce of kings , and monarchicall formes of government , rather than others ; and to elect one man or family to that dignity rather than others , yea his providence mightily rules and swayes in the changes , the elections , actions , counsels , affaires of monarchies , kingdomes , kings , states , to order them for his own glory , the kings , the subjects good or ill , in wayes of justice or mercy ; as is evident by dan. . . c. . . . hos . . . jer. . , , . isa . . , , . c. . . to . psal . . . psal . . , . job . . to . dan. . . . the genuine drift of all these texts . fifthly , kings may be said to be of god and his ordinance , because they , ( and so all other rulers , judges , magistrates as well as they , in respect of their representation and the true end of government ) are said to be gods ; to be gods ministers and vicegerents ; to sit upon gods throne , and ought to reigne , to judge for god , and to rule gods people according to gods word , with such justice , equity , integrity as god himselfe would governe them . exod. . . chron. . . rom. . , . sam. . . psal . . , , sam. . . prov. . , . psal . . . cor. . . isa . . . c. . . c. . . deut. . . sixthly , ill kings , and tyrants , may be said to be of god , by way of permission , and of ordination too , in reference to the peoples punishment , job . . hos . . . sam. . . in these regards ( common to all other governours and lawfull governments , as well as kings and monarchies ) kings and kingly authority , are and may be said to be of god , and gods ordinance ; yet not immediately , or properly in the first acception , here refuted , but so as that still they are really the institutions and ordinances of men , of humane , not divine right , and authority . as for the objected scriptures to prove kings jure divino , as prov. . . by me kings reigne , &c. ergo , they are of immediate divine institution , and have all their authority from god , not from the people , and may in no case be resisted , censured , deposed , or put to death for any misdemeanours ; the consequences thence inferred . i answer , first , that this text speakes onely of the promotion or reigne of kings ; m not of the erections and power of monarchies ; and so doe daniel . . c. . . . c. . . . with the other objected scriptures . secondly , if it be meant of the rule of kings ; then true it is , that good kings reigne by gods direction , according to his word , executing justice , and judgement , as he enjoynes them ; but then it is not true of wicked kings and tyrants , who though they reigne by gods providence or permission , yet they rule not by his word and will as he prescribes them . thirdly , if it be meant of the meanes and manner of kings comming to their kingdomes , as i conceive it is , and the texts of daniel perswade : true it is : first , that some kings reigned and came to the crowne by gods immediate nomination and designation , as saul , david , solomon , jeroboam , jehu , and hazael did : but that all , or most did heretofore , or now doe so , especially in pagan kingdomes , is a notorious falshood . secondly , it is true , that most lawfull kings in hereditary or elective kingdomes , come to their crownes , and reigne ; though not by gods immediate nomination , yet by his ordinary or speciall providence , ( though it be untrue of vsurpers , and tyrants who come to reigne by treason , murther , or other unlawfull meanes ; and so by gods l permission onely , rather than his providence : and then the sense of the place is but this ; that kings receive their crownes , and reigne by gods generall , or more speciall providence : which i thinke is the full and proper sense of the place . in this sense c. plinius secundus a heathen in his admirable panegyrio to the emperour trajan , a pagan , rhetorizeth thus of him : quid enim praestabilius est , aut pulchrius munus deorum , quam castus & sanctus & diis simillimus princeps ? ac si adhuc dubium fuisset sorte casuque rectores terris , an aliquo numine darentur , principem tamen nostrum liqueret divinitus constitutum . non enim occulta potestate fatorum , sed ab jove ipso , coram ac palam repertus , electus est , &c. which * tertullian thus seconds , speaking even of the roman pagan emperours . inde est imperator , unde & homo antequam imperator ; inde potestas ei , unde & spiritus : per deum tantus est : so irenaeus , cujus jussu homines nascuntur , hujus jussu & reges constituuntur . and diodorus siculus of the aegyptians ; existimant non sine divina quadam providentia , pervenisse ad summam de omnibus potestatem : so the m esses , hold this opinion , non obtingit cuiquam imperium sine dei cura speciali : so n vitigis , omnis provectus , maxime regius , ad divinitatis munera referendus est : and clemens o romanus , too . regem timeto , sciens domini esse electionem . which grotius de jure belli , l. . c. . sect . . confirmes with other authorities ; all concurring in this , that kings and emperours are such onely by the selfe-same providence of god , by which they were men before they were emperours ; which gives them no greater prerogative in respect of irresistibility in unjust exorbitant actions , then their being men , by the selfe-same providence of god , gave them before they were emperours , as tertullians words most clearely prove . but what priviledge this alone should yeeld to kings , more than to any other magistrates , men or beasts , for my part i cannot yet discerne . for doth not the same text say of nobles , princes , judges , as well as of kings , prov. . , . by me princes ( put as contradistinct to kings ) decree justice ; by me princes rule and nobles , yea all judges of the earth ? doth not david say of all kinde of promotions whatsoever , psal . . , . the lord raiseth the poore out of the dust , and lifeteth the needy out of the dunghill ; that he may set him with princes , even with the princes of his people ? and psal . . , . promotion commeth neither from the east , nor from the south ; but god is the judge ; he putteth downe one and setteth up another ? nay , doth not christ informe us p that the very haires of our head are all numbred ? that two sparrowes are sold for a farthing , and yet one of them shall not fall on the ground without our fathers providence ? yea doth not every man , yea every bird , beast , fish , raven , and living creature whatsoever , ( as the scripture q expressely resolves ) receive , enjoy their lives , honours , offices , estates , food , rayment , being , preservation , by gods generall and speciall providence , as well as kings their crownes , honours , lives , estates ? and is not the providence , yea are not the very o angels of god , who are all ministring spirits , sent forth to minister to them who shal be heirs of salvation , as vigilant over every pious christian ( though never so mean & despicable ) as over the greatest monarch in the world ? if so , as all men must necessarily acknowledge ( there being p no respect at all of persons with god , who accepts not the persons of princes , regards the rich no more then the poor , for they are all the work of his hands ) then kings reigning by the providence of god , can of it self no more exempt them from resistance , censures , deprivations , for their detestable publike crimes , then it exempts any other nobles , princes , iudges , magistrates , christians , or the meanest subiects whatsoever ; which i shall make good by one more unanswerable demonstration . there is not one of our antagonists but will acknowledge , that priests under the law , and all ministers under the gospell , if rightly qualified , are not made only such by gods speciall providence , but likewise by divine institution from god himself ; nay , tollet , q willet , and many others on this very text of the romanes , make a difference between the civill and ecclesiasticall regiment and powers : for the first ( say they ) is so from god , that yet the institution thereof may be devised and altered by man , and therefore peter calls it , the ordinance of man ; but the spirituall power is immediatelly instituted by god , and no wayes alterable or determinable by man : and therefore the apostle saith ephes . . . he gave some to be apostles , some prophets , some evangelists , &c. so that by their determination , ministers are more gods ordinance , and more jure divino , then kings ; yea but few years since they all professed themselves to be as much , if not more , gods anointed , then kings ; and some of our * archest prelates made publike challenges in the open court , that if they could not prove their lordly episcopacy to be iure divino , they would presently burn their rochets , and lay down their bishopricks ; though they never made good their promises : & to doubt , whether the pope and his supreme authoritie be iure divino by christs own immediate institution , deserves a fagot in the roman church : yet notwithstanding all this divine right and institution , our opposites will grant , that if popes , archbishops , bishops , priests , ministers preach false hereticall doctrines , oppresse , wound , slay , rob , plunder the people committed by god to their cares ; or attempt with force to subvert religion , laws , liberties ; or commit any capitall offences , they may not onely with safe conscience be resisted , repulsed by their people , but likewise apprehended , arraigned , deprived , condemned , executed , by lay iudges , as infinite examples in our histories manifest , and the example of abiathar the high priest , kings . , and if so , then why not kings as well as they , or other temporall magistrates , notwithstanding any of the obiected texts ? either therefore our opposites must grant all bishops , priests , ministers , yea , all other magistrates whatsoever , as irresistable , uncensurable , undeprivable , uncondemnable , for any crimes whatsoever , as they say kings are , which they dare not do ; or else make kings as resistable , censurable , deprivable , and lyable to all kindes of punishments , ( by their whole kingdoms consent in parliament ) as far forth as they , notwithstanding all the former objections , which quite subverts their cause . thirdly , kings and kingdoms are not so gods ordinance , as that they should be universall over all the world , and no other government admitted ; or so as any one nation whatsoever should be eternally tyed to a monarchiall government , without any power to alter it into an aristocracy , or other form , upon any occasion ; or so as unalterably to continue the soveraign power in one family alone , as not to be able to transfer it to another , when the whole state shall see just cause : hereditary kingdoms being but offices of publike trust for the peoples good and safety , as well as elective ; most of them were elective at first , and * made hereditary onely either by violent usurpation , or the peoples voluntary assents and institution , and not by any immediate divine authority , and so alterable by their joynt assents , as s zuinglius , t buchanon , v mariana observe , and the histories of most kingdoms , the experience of all ages evidence . which truths being generally confessed by all x polititians , historians , statists ; by many judicious divines , contradicted by no one text of scripture that i have met with which our opposites have objected hitherto , they will finde all monarchies upon the matter , to be meer humane institutions , alterable still by that humane power which did at first erect them , and subordinate still thereto , as the creature to its creator ; and to be gods ordinance onely in regard of speciall providence , and the like , as other inferiour magistrates , rulers are , who may be justly resisted , altered , removed , censured , notwithstanding the objected text. from which whiles some men earnestly presse , that every soul by gods own ordinance , ought to be subject to some publike civill power , ( which y others safely deny , fince the patriarks , the first families of most nations and countries were not so , and all nations , all people before setled publike governments , were erected , which in many places are not very ancient ; since those whose parents are dead , and are not by them subjected to a government , are naturally free ; and none bound to part with their freedom to any other , unlesse they see a necessitie , a great advantage , and that upon such terms and conditions as they deem meet , ) they involve even kings and emperours themselves by gods own ordinance , in a subiection to a superiour earthly civill power , to wit , to their laws , parliaments , kingdoms , ( which i have proved paramount them , collectively considered ) according to the common proverbe z omne sub regno graviore regnum est ; and that of a solomon ( concerning oppressing kings and judges ) he that is higher then the highest considers , and there be higher then they : and so make kings not onely resistble by their whole kingdoms the supreme soveraign power , but likewise subiect to their realms superiour commands , and uncapable to resist their lawfull power and forces even in point of conscience , by vertue of this very text. and so much for the fourth question . for the fifth and last , b what kinde of resistance of the higher powers is here prohibited ? i answer briefly , that resistance is here forbidden , which is contrary to subiection or obedience , as the words , let every soul be subject to the higher powers , coupled with the ensuing reason , whosoever therefore resisteth ( that is , disobeyeth , or is not subiect to ) the power , resisteth the ordinance of god ; and they that resist shall receive to themselves damnation . in the greek there are two distinct words used , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the latine , english , french , dutch use them both as one , without distinction : the first word signifies properly disordered , counter-ordered , or ordered against , ( as paraeus , willet , and others observe ) and it is thus used by the apostle , thess . . , , ; or disobedient , tim. . . the later word signifieth properly to resist , withstand , or oppose ; in which sence it is used , matth. . . luke . , . act. . . rom. . . gal. . . tim. . . hebr. . . iam. . . chap. . . pet. . . and applied indifferently both to a spirituall , corporall , and verball resistance of the holy ghost , the devill , or men : since then the apostle in this text useth the hebrew phrase soul , not man , let every soul be subject to the higher powers ; because ( as haymo , tollet , willet , soto , and most other interpreters observe ) we c ought willingly and cheerfully to submit to the higher powers , not only with our bodies , but soules and spirits too : i may hence cleerly inferre , that the resistance of the higher power hee prohibited as contrary to this subjection , is not only that which is corporall and violent by force of armes , as the objectors glosse it ; but that likewise which is verball , mentall , spirituall in the soule it selfe without the body , and no more then a meer passive resistance , or not obeying : for not to doe what the higher powers enjoyn , is in verity actually to resist , to withstand them ; as not to doe the will , not to yeeld obedience to the motions , dictates of the holy ghost or devill is really to resist them , even in scripture phrase : yea , corporall resistance or opposition by way of force is only an higher degree of resistance , but not the onely or proper resistance here prohibited , which relates principally to the soule and spirit . for as corporall forced obedience against a mans will which still holds d out , is no true obedience in the esteem of god or men : and as the very essence , life of all outward obedience consisteth e principally in the cheerfull submission or activity of the soule or will : so a forced corporall resistance against the mind or conscience , is in a manner no resistance ; and the very malignity , quintessence of all inward or outward resistance , disobedience , rests only in the mind , soule , will ; and is here principally forbidden , as is evident by the . verse ; wherefore ye must needs be subject , not onely for wrath ( which relates only to the body , which mens wrath can only harm in case of disobedience , mat. . . ) but also for conscience sake , which principally , if not wholly relates unto the soule , of which the conscience is a chief-overruling part . this then being altogether irrefragable , gives our antagonists , with dr. fern , an eternall overthrow , and unavoidably demonstrates the resistance of the higher powers here prescribed , to be only of iust lawfull powers in their iust commands or punishments , which we must neither corporally , verbally , nor so much as mentally resist , but readily submit too with our very soules , as well as bodies : not of tyrants or ungodly rulers uniust oppressions , forces , proceedings to subvert religion , lawes , liberties , which all our opposites , all divines whatsoever grant , we are bound in conscience passively to resist , and disobey ; yea , with our tongues to g reprehend , and our souls and spirits to oppose , detest , abhorre , hate in the very highest degree of opposition , notwithstanding this inhibition : and therefore by like reason are no wayes prohibited , but authorized by it , even forcibly to resist to our utmost power , have we meanes and opportunity so to doe , as the parliament now hath : that power and proceedings which christians may lawfully with good conscience , yea and are bound to resist with all their souls , minds , tongues , they justly may and must likewise resist with all their corporall might and strength ; especially if they have good opportunity , publike encouragements , and meanes to do it , as deut. . . pet. . . iude . . phil. . , . cor. . . compared together , and with the premised scriptures , fully evidence . but christians may lawfully with good conscience , yea must resist with all their souls , minds , tongues , the fore-named violent proceedings of kings , oppressors , ill counsellors and cavaleers , and no wayes submit unto them with their souls , minds , tongues , lest thereby they should approve and be partakers , with promoters of their execrable designes ; therefore they may and must with safe conscience resist them with all their corporall might and strength , having now opportunity , a parliamentary publike command and sufficient meanes to execute it . and thus have i now at last not onely most clearly wrested this sword out of the hands of our great opposite goliahs , but likewise cut off their heads , and so routed all their forces with it , as i trust they shall never be able to make head againe . yet before i wholly take my leave of this text to gratifie our prelaticall clergy , i shall for a parting blow adde this one observation more , that all our ( i popish clermen her●tofore ( and many of them till this day ) notwithstanding the universality of this text , let every soule be subject to the higher powers , &c. not only pretended themselves to be of right exempted from the jurisdiction censures , taxes of emperours , kings , and a● civill magistrates , ) which priviledges some of our late prelates began to revive , as the late cases of mr. shervill , the maior of arundel , and some others evidence , censured for punishing drunken priests ) but likewise held it lawfull to censure , excommunicate , depose even emperours and kings themselves , and interdict their kingdomes ; witnesse not only the k popes excommunications of many emperours and kings , by apparant usurpation and injury ; but of sundry prelates excommunications of their own soveraigns as of right and putting them to open penances ; as k. suintilla , sancho , ramir in spain , and others elswhere , of which you may read divers presidents in my appendix : the history of m st. ambrose his excommunicating the emperour theodosius for the bloody murther of those of thessalonica , is so commonly known , that i need not spend time to recite it , nor yet the n excommunications and censures of our king iohn , or henry the . and . suano king of denmark ( as saxo-grammaticus records ) was not onely sharply reprehended , but excommunicated in a most bold and solemn manner by one of his bishops for his uncleannesse , and murthering some eminent persons , of whom he was jealous , whiles they were at their devotions in the church . l this bishop instead of meeting this king when he came to enter into the church , with accustomed veneration , clad in his pontificalibus , with his crosier s●affe kept him from entring so much as within the court thereof ; calling him not by the name of a king , which he suppressed , but a shedder of mans blood ; and not content to chide him , he fixed the point of his staffe in his brest , preferring the publike scandall of religion before private society , not being ignorant , that the offices of familiarity were one thing , the rights of priesthood another thing , that the wickednesses of lords as well as servants ought to be revenged , nor are noble-mens crimes to be more partially censured , then ignoble ones : and not content thus to repulse him , he added an execration therunto and denounced a sentence of damnation against him in his presence , so as he left it doubtfull , whether he repulsed him more valiantly with his hand , or voyce . hereupon the king considering this act to proceed from zeale and publike severity against wickednesse , and being confounded with the blush of his guilty conscience , forbad any to resist his violence , and patiently underwent , heard both his repulse and reprehention ; after which , this king laying aside his royall robes , put on old course apparell , desiring rather to testifie his sorrow by the deformity of his habit , then his contempt by the splendor of it . and struck with so sad a sentence of the bishop , he would not indure to carry about the ornaments of royall magnificence ; but casting away the ensignes of regall majesty , he put on sack-cloth the badge of penitence ; putting off his power likewise together with his vestment , and of a sacrilegious tyrant , became a faithfull reverencer of holy things . for returning bare-foot to the church-porch , he cast himselfe prostrate in the entrance thereof , and humbly kissed the ground , suppressing the griefe which is wont most sharply to be inflicted from contempt , with shamefac'tnesse and moderation , redeeming the fault of his bloody reigne with shame and penitence : after which confessing his fault , and craving pardon with teares of the bishop , he was absolved , and then putting on his royall robes , admitted into the church , and brought up to the altar , to the exceeding joy of the people , who applauding the kings humiliation and modesty ; plus poenitentia pium , quam imperto scoelest●●m 〈…〉 confessus : a memorable story of a zealous stout prelate , and of a pen●tent submissive wild prince : i shall only adde to this some few domestick president● of our welch kings p teudur king of brecknock , for his periury and murther of elgisti● another king of that countrey , was solemnly excommunicated by gurcan the . bishop of landaffe and his clergy , in a synod assembled for this purpose , by uncovering the altars , casting the crosses and reliques on the ground , and depriving him 〈◊〉 christian communion , whereupon toudur unable to undergoe this malediction and rigorous iustice , with a contrite heart , and many teares powred forth , craved pardon of his crimes , and submitted himselfe to the penance imposed on him according to his quality and greatnesse . q king clotri slaying iuguallaun treacherously , contrary to his league and oath , berthgwin the . bishop of landaffe , hearing thereof , assembled a synod of his clergy at landaffe , and solemnly excommunicated the king with all his progeny and kingdom , by uncovering the altars , casting down the crosses on the earth , and depriving the countrey both of baptisme and the euch●rist . whereupon the king unable to endure so great an excommunication , with great deiection submitted himselfe to the bishop , and leaving his kingdom , went on pilgrimage into forraign parts for a long space ; after which returning , by the intercession of king morcant , he obtained absolution from the bishop , to whose enioyned penance he submitted himself , conferring divers lands upon the church . and in another synod at landaffe under this bishop , king gurcan , for living incestuously with his mother-in-law was solemnly excommunicated in form aforesaid ; whereupon he craved pardon , resolved to put away his mother-in-law , promised satisfaction by k. iudhail his intercessor ; upon which he was absolved , upon promise of amendment of life , with fasting , prayer and almes ; after which he bestowed divers lands on the church , r houell king of gleuissig , contrary to his oath & league , trecherously circumverring and slaying gallun , hereupon cerenlyir the . bishop of landaffe , calling a synod , solemnly excommunicated him by laying all the crosses on the ground , overturning the bells , taking the reliques from the altar and casting them on the ground depriving him of all christian communion , under which excommunication he remained almost a whole yeers space ; after which , this king came bare-foot to the bishop , imploring his absolution from this sentence with many teares , which he obtained after publke penance enoyned . not long after the same bishop and his clergy in another synod , for the like crime , in the self-same former excommunicated ili sonne of conblus , till he came bare-footed with teares and prayed absolution ; which upon performance of enjoyned penance , promise of future reformation , with prayers , fasting , almes , and the setling of some lands on the church , was granted him by the bishop . so s loumarch son of cargnocaun , was in a full synod excommunicated by gulfrid the . bishop of this see , for violating the patrimony of the church ; and king brochuail , with his family convented before a synode , threatned excommunication , enjoyned penance and satisfaction by the synode , for some injuries offered to to ciueilliauc the two and twentieth bishop of landaffe . * mauric king of of glamorgan was excommunicated by ioseph the eigth and twentieth bishop of landaffe , for treacherously putting out the eyes of etguin during the truce between them ; after which he was again publikely excommunicated in a synode , for violating the sanctuarie of the church of landaffe , and hurting some of this bishops servants ; and not absolved till he made his submission , and did his penance , and gave some lands to the church for satisfaction of these offence . thus u calgucam king of morganauc , and his whole family were solemnly excommunicated by her●wald the nine and twentieth bishop of landaffe in a synod of all his clergy , onely because one of the kings followers being drunk , laid violent hands upon bathutis the bishops physitian and kinsman on christmas day , anno . whereupon all the crosses and reliques were cast to the ground , the bells overturned , the church doors stopped up with thorns , so as they continued without a pastor and divine service day and night for a long season , till the king ( though innocent ) submitted himself to the bishop ; and to obtain his absolution , gave henringuinna to him and his successors for ever , free from all secular and royall services , in the presence of all the clergie and people . so x richard the tenth bishop of bangor , excommunicated david ap lhewelin , prince of wales , for detaining his brother griffith prisoner , contrarie to his oath , repairing to him upon the bishops word for his safe return , who never left vexing him , till he had delivered him up to to the king of englands hands . many such presidents of prelates censuring and excommunicating their kings occur in storie , which for brevity i pretermit ; onely ' i shall inform you , that y iohn stratford archbishop of canterbury , in the . year of k. edw. , contesting with this king , and excommunicating divers of his followers , and all the infringers of the churches liberties , presumed to write thus unto his soveraign ; there are two things by which the world is principally governed , the sacred pontificall authority , and the royall power , of which the priesthood is by so much the more weighty , ponderous , and sublim● , by how much they are to give an account of kings themselves at the divine audit : and therefore the kings majesty ought to know , that you ought to depend on their judgement , not they to be regulated according to your will. for who doubteth that the priests of christ are accounted the fathers and masters of kings , princes , and all faithfull christians ? is it not known to be apart of miserable madnesse , if the son should endeavour to subjugate the father , the servant the master to himself ? the canonicall authority of scriptures testifieth , that diver . pontiffs have excommunicated , some of them kings , others emperours : and if you require somewhat in speciall of the persons of princes ; saint innocent smote the emperour archadius with the sword of excommunication , because he consented that saint john chrysostom should be violently expelled from his see. likewise saint ambrose archbishop of millain , for afault which seemednot so hainous to other priests , excommunicated the emperour theodosius the great : from which sentence , having first given condigne satisfation , he afterwards deserved to be absolved ; and many such like examples may be alleaged , both more certain for time , and nearer for place . therefore no bishops whatsoever neither may nor ought to be punished by the secular power , if they chance to offend through humane frailtie : for it is the duty of a good and religious prince to honour the priests of god , and defend them with greatest reverence , in imitation of the pious prince of most happy memory , constantine , saying , when the cause of priests was brought before him , you cannot be iudged by any , to wit , of the secular judges , who are reserved to the iudgement of god alone ; according to the assertion of the apostle ( very ill applied ) saying , the spirituall man is iudged of no man , corinth . . . ( not meant of bishops or clergie-men , but saints alone , endued with gods spirit , not of judging in courts of iustice , but of discerning spirituall things , and their own spirituall estates , as the context resolves : ) thus and much more this prelate , who notwithstanding this text of the romanes , pleads an exemption of all bishops and priests from the kings secular power , by divine authority , and arrogates to priest and prelates , a iudiciary lawfull power over kings themselves , to excommunicate and censure them for their offences . and to descend to later times , even since the the reformation of religion here , iohn bridges dean of sarum , and bishop of oxfort , even in his book intituled , the supremacy of christian princes over all persons thorowout their dominions , in all causes so well ecclesiasticall as spirituall , printed at london , . p. . writes thus ; but who denies this ( m. saunders ) that a godly bishop may upon great and urgent occasion , if it shall be necessary to edifie gods church , and there be no other remedy , flee to this last censure of excommunication against a wicked king ? making it a thing not questionable by our prelates and clergie , that they may in such a case lawfully excommunicate the king himself : and doctor bilson bishop of winchester , in his true difference between christian subiection and unchristian rebellion , dedicated to queen elizabeth her self , printed at oxford , . part. . page . to . grants , that emperours , kings and princes , may in some cases be excommunicated and kept from the lords table by their bishops ; and grants , that with hereticks and apostates , be they princes or private men , no christian pastor nor people may communicate : neither finde i any bishop or court doctor of the contrary opinion , but all of them readily subscribe hereto . if then not onely the ill counsellors and instruments of kings , but kings and emperours themselves , may thus not onely be lawfully , iustly resisted , but actually smitten and excommunicated by their bishops and clergy , with the spirituall sword , for their notorious crimes and wickednesses , notwithstanding this inhibition ; ( which * valentinian the emperour confessed ; and therefore desired , that such a bishop should be chosen and elected in millain after auxentius , as he himself might really and cordially submit to him and his reprehensions , since he must sometimes needs erre as a man , as to the medicine of souls ; as he did to ambrose , when he was elected bishop there ; ) why they may not likewise be resisted by their laity in the precedent cases with the temporall sword , and subjected unto the censures of the whole kingdoms and parliaments , transcends my shallow apprehension to conceive , there being as great , if not greater , or the very self-same reason for the lawfulnesse of the one , as of the other . and till our opposites shall produce a substantiall difference between these cases , or disclaim this their practice and doctrine of the lawfulnesse of excommunicating kings and emperours , they must give me and others liberty to conceive , they have quite lost and yeelded up the cause they now contend for , notwithstanding this chief text of romaves . the ground of all their strength at first , but now of their ruine . the tenth x objection is this , that of pet. , , , , . submit your selves to every ordinance of man for the lords sake , whether it be to the king as svpreame , or unto governours , as unto them that are sent by him ( to wit , by god , not the king , as the distribution manifests , and rom. . , , , . ) for the punishment of evill doers , and for the praise of them that doe well , &c. feare god , honour the king ; wee must submit to kings and honour kings , who are the supream governours ; therefore we may in no case forcibly resist them or their officers , though they degenerate into tyrants . to which i answer ; that this is a meerin consequent ; since the submission here injoyned is but to such kings , who are punishers of evill doers , and praisers of those that do well ; which the apostle makes the ground and motive to submission ; therefore this text extends not to tyrants and oppressours , who doe quite contrary . we must submit to kings when they rule well and justly , is all the apostle here affirms ; ergo wee must submit to , and not resist them in any their violent courses to subvert religion , lawes , liberties ; is meet non-sence both in law , divinity , and common reason . if any reply , as they doe , that the apostle , vers . , , . bids servants 〈◊〉 subject to their masters with all feare , not onely to the good and gentle , but also to the froward : for this is thank-worthy , if a man for conscience towards god endure griefe suffering wrongfully , &c. ergo this is meant of evill magistrates and kings , as well as good . i answer . that the apostles speaks it onely of evill masters not kings ; of servants , not subjects ; there being a great difference between servants , apprentices , villaines , and free borne subiects , as all men know , the one being under the arbitrary rule and government of their master ; the other onely under the just , setled , legall government of their princes , according to the lawes of the realme : secondly , this is meant onely of private personall iniuries , and undue corrections of masters given to servants without iust cause , as vers . . for what glory is it , if when yee be bvffeted for your faults , &c. intimates : not of publike iniuries and oppressions of magistrates , which indanger the whole church and state. a christian servant or subiect must patiently endure private undue corrections of a froward master or king : * ergo whole kingdomes and parliaments , must patiently without resistance suffer their kings and evill instruments to subvert religion , lawes , liberties , realms , ( the proper deduction heen ) is but a ridiculous conclusion . secondly , this text enjoynes no more subjection to kings , then to any other magistrates ; as the words : submit your selves to every ordinance of man ; or unto governors , &c. prove past all contradiction ; and vers . which bids us , honour the king ; bids us first in direct tearmes , honovr all men ; to wit , all magistrates at least , if not all men in generall , as such : there is then no speciall prerogative of irresistability given to kings by this text in injurious violent courses , more then there is to any other magistrate or person whatsoever ; god giving no man any authority to injure others without resistance , especially if they assault their persons or invade their estates to ruine them : since then inferiour officers , and other menmay be forc●bly resisted when they actually attempt by force to ruine religion , lawes , liberties , the republike , as i haue proved , and our antagonists must grant ; by the self-same reason kings may be resisted too , notwithstanding any thing in this text , which attributes no more irresistability or authority to kings , then unto other magistrates . thirdly , kings are here expresly called ; an ordinance of man , not god ; as i have formerly proved them to be . if so ; i then appeal to the consciences of our fiercest antagonists , whether they do beleeve in their consciences , or date take their oathes upon it ; that ever any people or nation in the world , or our ancestors at first , did appoint any kings or governours over them , to subvert religion , laws , liberties ; or intend to give them such an unlimited uncontroulable soveraignty over them , as not to provide for their own safety , or not to take up arms against them , for the necessary defence of their laws , liberties , religion , persons , states , under pain of high treason , or eternall damnation , in case they should degenerate into tyrants , and undertake any such wicked destructive designe . if not ( as none can without madnesse and impudence averre the contrary , it being against all common sence and reason , that any man or nation should so absolutely , irresistably inslave themselves and their posterities to the very lusts and exorbitancies of tyrants , and such a thing as no man , no nation in their right sences , were they at this day to erect a most absolute monarchie , would condescend to ; ) then clearly the apostle here confirming onely the ordinances of men , and giving no kings nor rulers any other or greater power then men had formerly granted them ( for that had been to alter , not approve their humane ordinances ) i shall infallibly thence inferre ; that whole states , and subjects , may with safe conscience resist the unjust violence of their kings in the foresaid cases , because they never gave them any authority irresistably to act them , nor yet devested themselves ( much lesse their posterity whom they could not eternally inslave ) of the right , the power of resisting them in such cases ; whom they might justly resist before , whiles they were private men , and as to which illegall proceedings they continue private persons still , since they have no legall power given them by the people to authorize any such exorbitances . fourthly , the subjection here enjoyned , is not passive , but active , witnesse ver . . for so is the will of god , that by well doing ( to wit , by your actuall cheerfull submission to every ordinance of man for the lords sake , &c. ) you put to silence the ignorance of foolish men : as free , and not using your liberty , &c. if then this text be meant of active , not passive obedience ; then it can be intended onely of lawfull kings , of magistrates in their just commands , whom we must actually obey ; not of tyrants and oppressours in their unjust wicked proceedings , whom we are bound in such cases actually to disobey , as our antagonists grant , and i have largely evidenced elsewhere : wherefore , it directly commands resistance , not subjection in such cases ; since actuall disobedience to unjust commands , is actuall resisting of them . and that these texts prescribing resistance tacitely , should apparantly prohibit it under pain of treason , rebellion , damnation , is a paradox to me . fifthly , this text doth no way prove that false conceit of most , who hence conclude : that all kings are the supream powers , and above their parliaments , and whole kingdoms , even by divine institution : there is no such thing , nor shadow of it in the text. for first , this text calls kings , not a divine , but humane ordinance ; if then kings be the supreamest power , and above their parliaments , kingdoms , it is not by any divine right , but by humane ordination onely , as the text resolves . secondly , this text prescribes not any divine law to all or any particular states ; nor gives any other . divine or civill authority to kings and magistrates in any state then what they had before ; for if it should give kings greater authority and prerogatives then their people at first allotted them , it should alter and invade the settled government of all states , contrary to the apostles scope , which was to leave them as they were , or should be settled by the peoples joynt consent : it doth not say , that all kings in all kingdoms are , or ought to be supreame ; or let them be so henceforth : no such inference appears therein . it speaks not what kings ought to be in point of power ; but onely takes them as they are , ( according to that of rom. . . the powers that are , &c. to wit , that are , even now every where in being , not which ought to be , or shall be ) whence he saith ; submit to the king as supreame : that is ; where by the ordinance of man the king is made supreame ; not , where kings are not the supreamest power ; as they were not among the a ancient lacedemonians , indians , carthaginians , gothes , aragonians , and in most other kingdoms , as i have b elsewhere proved : to argue therefore , we must submit to kings where the people have made them supreame ; ergo , all kings every where are and ought to be supreame jure divino ; ( as our antagonists hence inferre ) is a grosse absurdity . thirdly , this text doth not say , that the king is the supreame soveraigne power , as most mistake ; but supreame governour , as the next words ; or governours , &c. expond it ; and the very oath of supremacie , . eliz. cap. . which gives our kings this title , supreame governour within these his realms . now kings may be properly called supreame magistrates or governours in their realms , in respect of the actuall administration of government and justice , ( all magistrates deriving their commissions immediately from them , and doing justice , for , and under them : ) and yet not be the soveraign power , as the romane emperours , the kings of sparta , arragon , and others ; the german emperours , the dukes of venice in that state , c and the prince of orange in the nether-lands , were and are the supreame magistrates , governours ; but not the supreame severaigne powers ; their whole states , senates , parliaments , being the supreamest powers , and above them ; which being courts of state , of justice , and a compound body of many members , not alwayes constantly sitting , may properly be stiled , the supreame courts and powers ; but not the supreame magistrate or governour : as the pope holds himself , the supreame head and governour of the militant church ; and the arch-bishop of canterbury stiles himself , the primate and metropolitane of all england ; and so other prelates in their provinces ; yet they are not the soveraigne ecclesiasticall power , for the king , at least generall councells or nationall synods ( which are not properly tearmed governours , but power , ) are paramount them , and may lawfully censure or depose them , as i have d elsewhere manifested . to argue therefore , that kings are the highest soveraign power , because they are the highest particular governours and magistrates in their realms , as our antagonists do ; is a meer fallacie , and inconsequent , since i have proved e our own , and most other kings , not to be the highest powers , though they be the supreamest governours . fourthly , this text speaks not at all of the romane emperour , neither is it meant of him , as doctour fern● , with others mistake ; who is never in scripture stiled a king , being a title extreamly odious to the romanes , and for ever banished their state with an f oath of execration , by an ancient law , in memory whereof they instituted a speciall annuall feast on the . of february , called , g regifugium ; the hatred of which title continued such , that tully h and augustine write ; regem romae posthac , nec dii nec homines esse patiantur : and i caesar himself being saluted king by the multitude , perceiving it was very distastfull to the states , answered , caesarem se , non regem esse : which title of caesar , ( not king ) the scripture ever useth to expresse the emperour by : witnesse matth. . , . mark . , , . luke . . chap. . , , . chap. . . john . , . acts . . chap. . . chap. . , , , , . chap. . . chap. . . chap. . . phil. . . which texts do clearly manifest , that no title was ever used by the apostles , evangelists , jewes , to expresse the emperour by , but that of caesar , not this of king. therefore peters text , speaking onely of the king , not caesar , cannot be intended of the romane emperour , as ignorant doctors blindly fancie . fifthly , this epistle of peter ( the k apostle of the jews ) was written onely to the dispersed jews thorowout pontus , galatia , cappadocia , asia , and bythinia , pet. . . over whom herod at that time reigned as king , by the romane senates and emperours appointment , who had then conquered the jews , and made them a tributarie province , as is evident by matth. . , . mark . , , . luke . , , . chap. . . acts . . chap. . , , , , . chap. . . chap. . . to . compared together ; and by l josephus , the century writers , baronius , sigonius , and others . the king then here mentioned to be supreame , was herod , or king agrippa , or some other immediate m king of the jews , who was their supreame governour , not absolutely , but n under the romane senate and emperours , and made so by their appointment , whence called in the text ; an ordinance of man , not god : now this king of the jews ( as is evident by pauls appeal to caesar from festus and king agrippa , as to the soveraign tribunall ; acts . and . by josephus , philo judaeus de legatione ad caium , and the consent of all historians ) was not the absolute soveraigne power , but subordinate to the romane emperour and senate , o who both created , and bad power to controll , remove , and censure him for his misdemeanours ; yet peter calls him here supreame , because the highest governour under them , as we stile our kings p supreame governours under christ . therefore having a superiour governour and power over him , to which he was accountable and subordinate ; supreame in the text , cannot be meant , of a king absolutely supreame , having no power superiour to him , but god ; but onely relatively supreame , in respect of under-governours , there actually residing : whose supremacie being forcibly gained onely by conquest , not free consent ; ( and the ancient native * kings of the jews , being inferiour to their whole senates and congregations , and to do all by their advice , as josephus antiq. jud. lib. . cap. . . sam. . , . jer. . . . chron. . . to . attest ) will no way advantage our opposites , nor advance the prerogative of kings ; since it extends onely to the king of the jews that then was , who was not simply supream , but a subject prince subordinate to the romane state and empire , and one appointed by a conquerour , not freely chosen and assented to by the people . so as all the argument which can hence be extracted for the absolute soveraigntie and irresistibility of kings over their whole kingdomes and parliaments , is but this . the king of the jews was in peters time the supreame magistrate over that nation , by the romane senates and emperours appointment , to whom yet he was subordinate and accountable ; the romanes having conquered the jewes by force , and imposing this government upon them , without their consents . therefore the kings of england , and all other kings are absolute soveraigne monarches , superiour to their whole parliaments and kingdomes , collectively considered ; and may not in point of conscience be forcibly resisted by them , though they endeavour to subvert religion , laws , liberties : how little coherence there is in this argument , the silliest childe may at first discern . from these scriptures , i descend to reasons deduced from them , against resistance , which i shall contract into three arguments : the first is this ; x kings are the fathers , heads , lords , shepherds of the common-wealth ; ergo , they ought not to be resisted in any their exorbitant proceedings ; it being unlawfull , unseemly , for a son to resist his father ; the members the head ; the vassals their lord ; the flock their shepherd . to this i answer : first , they are fathers , shepherds , lords , heads , onely in an improper , allegoricall , not genuine sence ; therefore nothing can thence be properly inferred : they are and ought to be such in respect of their y loving and carefull affection towards their subjects ; not in regard of their soveraigne power over them : therefore when their tyrannie makes them not such , in regard of care and affection to their people ; their people cease to be such , in regard of filiall , naturall , and sheep-like submission : when these shepberds turn z wolves ; these fathers , step-fathers ; the subjects , as to this , cease to be their sheep , their children , in point of obedience and submission . secondly , if we consider the common-weal and kingdom collectively ; kings are rather their kingdoms children then parents , because * created by them , their publike servants , ministers , for whose benefit they are imployed , and receive a wages ; not their soveraigne lords ; their subordinate heads , to be directed and advised by them , not tyrannically to over-rule them at their pleasure : therefore paramount , and able in such cases to resist them . thirdly , parishioners may , no doubt , lawfully resist the b false doctrines and open assaults of their ministers , though they be their spirituall shepherds : citizens the violent oppressions of their maiors , though they be their politique heads : servants the unjust assaults of their masters , though their lawfull lords ; ( who may c not misuse their very villaines , by law : ) and if parents will violently assault their naturall children , husbands their wives , masters their servants , to murther them without cause , they may d by law resist , repulse them with open force . fourthly , a son who is a judge , may lawfully resist , imprison , condemne his naturall father ; a servant , his lord ; a parishioner his pastour ; a citizen his major ; a meer gentleman , the greatest peer or lord , as experience proves ; because they do it in another capacity , as judges and ministers of publike justice , to which all are subject . the parliament then in this sence , as they are the representative body of the realm , not private subjects , ( and their armies by their authority ) may , as they are the highest soveraign power and judicature , resist the king and his forces , though he be their father , head , shepherd , lord , as they are private men . fifthly , this is but the common exploded argument of the popish clergy , to prove themselves superiour to kings , and exempt from all secular jurisdiction , because they are spirituall fathers , pastors , heads to kings ; who ought to obey , not judge , and censure them , as e archbish . stratford , and others argue . but this plea is no ways available to exempt clergy men from secular jurisdiction ; from actuall resistance of parties assaulted , nor yet from imprisonment , censures , and capitall executions by kings and civill magistrates , in case of capitall crimes ; therefore by like reason it can not exempt kings from the resistance , censures of their parliaments , kingdoms , in case of tyrannicall invasions . we deride this argument in papists as absurd , as in sufficient to prove the exemption of clergy men : i wonder therefore why it is now urged to as little purpose , against resistance of tyrants , and oppressing kings and magistrates . the second reason is this , f the invasions and oppressions of evill kings and tyrants , are afflictions and punishments inflicted on us by god : therefore we ought patiently to submit unto them , and not forcibly to resist them . i answer ; first , the invasions of forraign enemies are g just judgements , and punishments sent upon men by god ; as were the invasions of the h danes , saxons and normans in england , heretofore ; of the spaniards since . ergo , we ought not to resist or fight against them . the present rebellion of the papists in ireland is a just punishment of god upon this kingdom and the protestant party there ; ergo , neither we , nor they ought in conscience to resist or take arms against them . every sicknesse that threatens or invades our bodies , is commonly an affliction and punishment sent by god : ergo , we must not endeavour to prevent or remove it by physick , but patiently lye under it without seeking remedy . injuries done us in our persons , estates , names , by wicked men , who assault , wound , rob , defame us , are from h god , and punishments for our sins : ergo , we may not resist them : yea , subjects rebellions , treasons , and insurrections , against their princes many times , are punishments inflicted on them by god , displeased with them , as the statute of ed. . c. . resolves , and the i scripture too : ergo , kings ought not to resist or suppresse them by force of arms ; if all these consequences be absurd , and idle , as every man will grant , the objection must be so likewise . i read , that in the * persecution of the hunnes , their king attila being demanded of by a religious bishop , of a certain citie ? who he was ? when he had answered ; i am attila , the scourge of god : the bishop reverencing the divine majesty in him ; answered , thou art welcome ô minister of god ; and ingeminating this saying ; blessed be he that cometh in the name of the lord , opened the church door , and let in the persecutor , by whom he obtained the crown of martyrdom , not daring to exclude the scourge of the lord ; knowing , that the beloved sonne is scourged , and that the power of the scourge it self is not from any , but god. will it hence follow ? that all christians are bound in conscience to do the like , and not to resist the barbarous turks , if they should invade them ; no more then this bishop did the bloudy pagan hunnes , because they are gods wrath ? i trow not . one swallow makes no summer ; nor this example , a generall president to binde all men . the third reason is this , saints forcible resistance of tyrants , begets civill warres , great disorders , and k many mischiefs in the state : ergo , it is unlawfull , and inconvenient . i answer , first , that this doctrine of not resisting tyrants in any case , is farre more pernicious , destructive to the realm then the contrary ; because it deprives them of all humane means , and possibilities of preservation ; and denies them that speciall remedy which god and nature hath left them for their preservation : laws , denyall of subsidies , and such like remedies prescribed by doctor ferne , being no remoraes or restraints at all to armed tyrants ; wherefore i must tell thee doctor , theologorum utcunque dissertissimorum sententiae , in hac controversia non sunt multo faciendae , quia quid sit lex humana ipsi ignorant , as vasquius controvers . illustr . . . . determines . secondly , the knowledge of a lawfull power in subjects to resist tyrants , will be a good means to keep princes from tyrannicall courses , for fear of strenuous resistance ; which if once taken away , there is no humane bridle left to stay the inundation of tyranny in princes or great officers ; and all weapons , bulwarks , walls , lawes , armes will be meerly uselesse to the subjects , if resistance be denyed them , when there is such cause . thirdly , resistance only in cases of publike necessity , though accompanied with civill warre ; serves alwayes to prevent farre greater mischiefs then warre it self can produce , it being the only antidote to prevent publike ruine , the readiest means to preserve endangered , to regaine , or settle lost liberties , laws , religion , as all ages witnesse ; and to * prevent all future seditions and oppressions . fourthly , desperate diseases , have alwayes desperate remedies , malo nodo , malus cuneus : when nothing but a defensive warre will preserve us from ruine and vassalage ; it is better to imbrace it , then hazard the losse of all , without redemption . ex duobus malis minimum . all kingdoms , states in cases of necessity , have ever had recourse to this as the lesser evill ; and why not ours as well as others . the last ( and strongest objection as some deem it ) is the sayings if some fathers backed with the examples of the primitive christians , to which no such satisfactory answer hath hitherto been given , as might be . the first and grandest objection against subjects forcible resistance , and defensive warre , is that speech of saint ambrose , lib. . orat. in auxentium . coactus repugnare non audeo : dolere potero , potero flere , potero gemere : adversus arma , milites , gothos , lachrymae meae arma sunt : talia sunt munimenta sacerdotum : a liter nec debeo , nec possvm resistere . this chiefe authoritie , though it makes a great noise in the world , if solidly scanned , will prove but brutum fulmen ; a meer scar-crow and no more . for first , ambrose in this place speaks not at all of subjects resisting their princes , or christians forcible resisting of the persecuting romane emperours ; but of resisting valentine , and the arms and souldiers of the gothes , who at that time l over ran italy , and sacked rome , being mortall enemies to the romans , the roman emperours , saint ambrose , and millain where he was bishop . this is evident by the expresse objected words : i can grieve , i can weep , i can mourn , ( to wit for the wasting of my native country italy , by the invading enemies the gothes : ) against armes , souldiers , gothes ( marke it ) my tears are weapons , &c. if any sequell can be hence properly deduced , it must be that for which the m anabaptists use it ( from whence our opposites , who tax the parliaments forces for anabaptists , when themselves are here more truly such , and fight with this their weapon . ) that it is unlawfull for christians to fight , or make so much as a defensive warre against invading forraign barbarous enemies , of whom this father speaks : and then if the irish rebels , danes , spaniards , french , should now invade england , both against the kings and kingdoms wills , we must make no forcible resistance at all against them with arms in point of conscience , but onely use prayers and teares . this is the uttermost conclusion which can properly be hence deduced ; which our antagonists will confesse to be at least erronious , anabaptisticall , if not hereticall . secondly , you must consider who it was that used this speech ; ambrose , a minister , then bishop of millain ; who by reason of this his function being an ambassadour of peace ; had his hands bound from fighting with any other weapons , even against invading forraign enemies , but only with the sword of the spirit , prayers and tears : and that his calling only , was the ground of this his speech ; is infallible by the latter clause thereof , which our opposites cunningly conceale . prayers are my armes : for such are the defensive armour of priests ; otherwise i neither ovght nor can resist : why so ? because he was a minister , a bishop ; and paul prohibites such to be strikers , tit. . . tim. . . and because priests under the law did but blow the trumpets , and never went out armed to the warres , josh . . upon which ground n divers councells , decretalls , canonists , expresly prohibit , and exempt priests and bishops , from bearing arms , or going to warre , though many of them have turned o great souldiers , and been slain in warres . hence anno , in a parliament held at bury , k. h. d. and ottobon the popes legat , demanded of all the bishops and clergy men , holding barronies or lay-fees , that they should go personally armed against the kings enemies , or finde so great service in the kings expedition , as appertained to so much lands and tenants . to which they answered , that they ought not to fight with the materiall sword ; ( no not against the kings enemies ) but with the spirituall ; to wit , with humble and devoute tears and prayers , ( using these words of ambrose : ) and that for their benefices they were bound to maintain peace , not warre . hence our king q richard the first , taking the bishop of beauvoyes in france , his great enemy , armed from top to toe , prisoner in the field ; commanded him to be strictly kept in prison in his arms , and would by no means suffer him to put them off : for which hard usuage he complained to the pope , and procured his letter to king richard to free him from his arms and restraint ; in which letter , the pope sharply reproves the bishop for preferring the secular warfare before the spirituall , in that he had taken a speare insteed of a crosier ; an helmet in liew of a miter ; an habergion insteed of a white rochet ; a target in place of a stole ; an iron-sword , insteed of a spirituall sword . after which , the king sent his arms with this message to the pope : see whether this be thy sonnes coat or not ? which the pope beholding , answered ; no by saint peter . it is neither the apparell of my sonnes , nor yet of my brethren , but rather the vesture of the sonnes of mars . and upon this ground r our bishops anciently , when members of parliament , departed the house when cases of treason or felony came in question , because they might not by the canons , have their hands in bloud . this then being ambrose his direct words and meaning , that he neither ought , nor could use any other weapons against the invading gothes , and their forces , but prayers and tears ; * because he was a minister , not a bishop , a lay-man ; the genvine argument that our opposites can thence extract , is but this . priests must use no other defensive arms , but prayers and tears , against invading forraign enemies . ergo , the priests and ministers in his majesties armies , who bear offensive arms , must now in conscience lay them down , and use no other resistance , but prayers and tears against the parliaments forces : where as their former inference against resistance : ergo , it is altogether unlawfull for the parliament , or any lay-subjects by their command , to defend religion , laws , liberties , against his majesties invading forces , who intend by force to subvert them ; is but ridiculous nonsence , which never once entred into this fathers thoughts , and can never be extorted from his words . ministers of the gospel must not use any arms , but prayers and tears to resist a forraigne enemy : ergo , none else may lawfully use them to withstand an invading adversary ; is a conclusion fitter for anabaptists then royallists , who may now with shame enough , for ever bid this authority adieu ; with which they have hitherto gulled the ignorant world : and henceforth turn it against the commission of array , enjoyning bishops , and clergy men , to array and arme themselves as well as other men , as the presidents cited in judge cooke his argument against ship-money ; in the parliaments two declarations against the commission of array ; and in the answer published in the kings name , to the first of them , plentifully evidence . finally , hence i infer , that clergy men may , and must fight against their invading enemies with prayers , tears , the weapons which they may lawfully use as proper for their callings . ergo , lay-men may , and must resist , and fight against them with corporall arms , since they are as proper for them in cases of needfull defence , as these spirituall arms are for priests . the second authority is that of s nazienzen . oratio . . in julianum . repressus of julianus christianorum lachrymis , quas multas multi profuderunt . hoc vnvm or solum ( as grotius translates it ) adversus persecutionem medicamentum habentes : to which i shall adde by way of supply this other passage . nos autem ; quibus nvlla alia arma , nec muri , nec praesidia , praeter spem in deum , reliqua erant : vtpote omni hvmano svbsidio prorsvs destitvtis et spoliatis , quem tandem alium aut precum auditorem , aut inimicorum depulsorem habituri eramus , quam deum jacob , qui adversus superbiam jurat . from whence they conclude , that christians must use no other weapons but prayers and tears , against tyrants and oppressors . to which i answer . first , that it is cleare by this , that christians may use prayers and teares against tyrants and oppressors . secondly , that these are the most powerfull prevailing armes both to resist and conquer them . this the opposites readily grant . therefore by their own confession , christians both may and must resist tyrants by the most powerful & effectual means that are . tyrants therefore are not the higher powers , kings , rulers , which paul and peter in the fore-objected texts , enjoyne men under paine of damnation to be subject and obedient to for conscience sake , and no waies to resist ; since they may resist them with the powerfullest armes of all others , prayers and teares . thirdly , if they may be lawfully resisted with these most prevailing armes notwithstanding pauls & peters objected inhibitions , then à fortiori they may be with corporall , which are lesse noxious and prevalent ; he that may with most successeful meanes resist , vanquish , and overcome his tyrannizing oppressing soveraigne , may likewise doe it by the lesse noxious armes . if christians may repulse and subdue a tyrant with their prayers , teares , then why not with their swords ? doth god or the scripture make any such distinction , that we may and must resist them under paine of damnation , with these kind of weapons ; and shall it be no lesse then treason , rebellion , damnation to resist them with the other ? what difference is there in point of allegiance , loyalty , treason , conscience , to resist an oppressing tyrannizing prince and his forces with a praier , or with a sword ? with a teare , or with a speare ? are they not all one in substance ? by the statutes of h. . c. . e. . c. . e. . c. . eliz. c. . eliz. c. . words against the king delivered even in preaching , are made and declared to be high treason , as wel as bearing armes , and striking blowes ; yea , the statute of & ph. & ma. c. . makes certaine prayers against this persecuting queen , high treason ; and by the statute of e. . c. . it is high treason for any man to compasse or imagin the death of the king , queen , prince , t as wel as to slay or leavy warre against them . if then we may , by the objectors confession , the practises and examples of the primitive christians , against iulian and others , fight with our tongues , prayers , teares , imaginations against our soveraignes , who turne tyrants and persecutors ; and thereby suppresse , conquer , confound them , of which none make scruple , though our statutes make it no lesse then high treason in some cases ; then questionlesse they may by the selfe same reason and ground , resist them with open force , notwithstanding any inhibition in scripture . we may not , must not resist any lawful king or magistrate in the just execution of his office , so much as with a repugnant wil , thought , prayer , teare : we may , yea must resist an oppressing , persecuting tyrant with all these ; therefore with any other armes , meanes v . hezekiah , david , moses , abijah , asa , resisted their invading enemies , and conquered them with their prayers ; but yet they provided to repulse and vanquish them with other externall armes . the christians resistance and vanquishing their emperour iulian with the one , is an infallible argument , they might doe it with the other too , there being no such distinction in the objected scriptures , that we may fight against and resist them with our prayers , teares , not armes . fourthly , this father saith not , that it was unlawful for the christians to use any other weapons but teares against iulian , the onely thing in question . no such syllable in the oration , but onely , that they had no other armes to resist and conquer him with , being utterly destitute and spoyled of all other humane helpe . therefore their want of other armes and helpe , * not the unlawfulnesse of using them , had they had them , was the onely ground they used prayers and teares , not armes . to argue then , those who are destitute of all armes , but prayers and teares , must use them onely : ergo those who have other armes besides prayers and teares , may not lawfully use them to resist a tyrant , is but scholastical nonsence ; yet this is the very uttermost this authority yeelds our opposites . in one word , this father informes us , that this apostate emperour x iulian , would not make open warre at first upon the christians , because this would altogether crosse the end he aimed at : ( marke the reason ) nos enim , si vis inferatur , acriores obstinatioresque futuros , ac tyrannidi obnixum pietatis tuendae studium objecturos cogitavit . solent enim fortes & generosi animi , ei qui vim afferre parat contumaciter obsistere , non secus ac flamma , quae a vento excitatur , quo vehementius perflatur , eo vehementius accenditur . which argues , that the christians would have forcibly resisted him , had he at first with force invaded them ; therefore he weakened , subdued , disarmed them first by policy ; and then fell to persecute them with force , when they had no meanes of resistance left . the third authority is that of y bernard , epist . . to king lewis of france , quicquid vobis de regno vestro , de animâ & coronâ vestrâ facere placeat , nos ecclesiae filii , matris injurias , contemptum , & conculcationem omnino dissimulare non possumus . profecto stabimuset pugnabimvs usque ad mortem ( si ita oportuerit ) pro matre nostrâ armis quibus licet , non scutis & gladiis , sed precibus et fletibus ad deum . therefore it is unlawfull for christians to resist with force of armes . i answer first , bernard was both a monke and clergie-man , prohibited by scripture and sundry canons to fight with military armes against any person or enemy whatsoever ; and he utters these words of himselfe , as he was a clergie-man , servant , and sonne of the church ; in the selfesame sence as saint ambrose did before . it was then onely his calling , not the cause which prohibited him forcibly to resist king lewis . secondly i answer , that this authority is so farre from prohibiting resistance of oppressing princes , endeavouring with force of armes to subvert liberties , lawes , religion ; that it is an unanswerable proofe for it , even in our present case : king lewis to whom bernard writes , had then raised a civil warre in his realme against theobald and others who desired peace ; which the king rejecting , bernard doth thus reprehend him in the premisses . verum vos nec verba pacis recipitis ; nec pacta vestra tenetis , nec sanis consiliis acquicscitis . sed nescio quo dei judicio , omnia vobis ita vertitis in perversum , ut probra honorem , honorem probra ducatis ; tuta timeatis , timexda contemnatis ; & quod olim sancto & glorioso regi david , ioab , legitur exprobrasse ; diligitis eos qui vos oderunt , & odio habetis qui vos diligere volunt . neque enim qui vos instigant priorem iterare maliciam adversus non merentem , quaerunt in hoc honorem vestrum , sed suum commodum , imò nec suum commodum , sed diaboli voluntatem ; ut regis ( quod absit ) potentiam concepti furoris habeant effectricem ; quem suis se posse adimplere viribus non confidunt ; inimici coronae vestrae , regni manifestissimi perturbatores . ( our present case , in regard of the kings evil seduding counsellors . ) then immediately followes the objected clause , at quicquid vobis , &c. after which he gives him this sharpe reproofe . non tacebo quod cum excommunicatis iterare faedus & societatem nunc satagis , quod in necem hominum , combustionem domorum , destructionem ecclesiarum , dispersionem pauperum , raptoribus , predonibus ( sicut dicitur , adhaeretis ; juxta illud prophetae z si videbas furem currebas cum eo , &c. quasi non satis per vos mala facere valeatis . dico vobis , non erit diu inultum , si haec ita facere pergitis , &c. here this holy man prohibited by his orders to fight against this king , his soveraigne with his sword ; fights strongly against and resists his violence with his penne. and although he may not use a sword and buckler in respect of his calling to defend his mother the church against him : yet he is so farre from yeelding obedience to and not resisting him , according to pauls and peters pretended injunctions , that he expresly tels him to his face , that he would stand and fight against him even unto death ( if there were need ) with such weapons as he ( being a monk and minister ) might use , to wit , with prayers and teares , though not with sword and buckler ; which were more prevalent with god against him then any other armes . so that he resists him in the very highest straine that may be ; and clearely admits , that lay-men who might lawfully use swords and bucklers , might with them justly defend the church in standing and fighting for it against him even to death , as well as he might doe it with prayers and teares , his proper armes : which answers that objection out of his . epistle , written to the same king ; and his epistle to conrade king of romans ; where he subjects these kings to the pope , whom he adviseth them to obey ; and reprehends them for their misdemeanours , notwithstanding that text of rom. which he there recites . the fourth authority , is the example of the primitive christians , who submitted themselves willingly to their persecuting emperours ; without resistance in word or deed . for proofe whereof , severall passages are recited out of fathers , which i shal conjoyne : the first is out of tertullian his apologeticus . quoties enim in christianos d●saevitis , partim animis propriis , partim legibus obsequentes ? quoties etiam praeteritis à vobis suo jure nos inimicum vulgus invadit lapidibus & incendiis ? ipsis bacchanalium furiis , nec mortuis parcunt christianis , quin illos de requie sepulturae , de asylo quodam mortis , jam alios , jam nec totos avellant , dissecent , distrahant ? quid tamen de tam conspiratis unquam denotatis , de tam animatis ad mortem usque pro injuria repensatis ? quamvis vel una nox pauculis faculis largitatem ultionis posset operari , si malum malo dispurgi , penes nos liceret . sed absit ut aut igni humano vindicetur divina secta ; aut doleat pati , in quo probatu● . si e●im in hostes exortos non tantum vindices occultos agere vellemus , de●sset nobis vis numerorum & copiarum ? plures nimirum mauri & marcomanni , ipsique parthi , vel quantaecunque , unius tamen loci & suorum finium gentes , quàm totiùs orbis ? externi sumus & vestra omnia implevimus , urbes , insulas , castella , municipia , conciliabula , castra ipsa , tribus , decurias , palatium , senatum , forum , sola vobis relinquimus templa . cui bello non idonei , non prompti fuissemus , etiam impares copiis , qui tam libenter trucidamur ? si non apud istam disciplinam magis occidi liceret , quam occidere . potuimus & inermes , nec rebelles , sed tantummodo discordes solius divortii invidia adversus vos dimicasse . si enim tanta vis hominum , in aliquem orbis remoti sinum abrupissemus semus â vobis , suffudisset utique damnationem vestram tot qualiumcunque amissio civium , imò etiam & ipsa institutione punisset : proculdubio expavissetis ad solitudinem vestram , ad silentium rerum , & stuporem quendam quasi mortui urbes quaesissetis quibus imperaretis . plures hostes , quàm cives vobis remanisissent , nunc enim pauciores hostes habetis prae multitudine christianorum , penè omnium civium . which s. cyprian ( tertullians imitator ) thus seconds , laedere dei & christi servos persecutionibus tuis desine , quos laesos ultio divina defendit . inde est enim quod nemo nostrum quando apprehenditur , reluctatur , nec se adversus injustam violentiam vestram quamvis nimius & copiosus noster sit populus , ulciscitur . patientes facit de secutura ultione securitas . innocentes nocentibus cedunt . insontes poenis & cruciatibus acquiescunt , certi & fidentes , quod in ultum non remaneat , quodcunque perpetimur , quantoque major fuerit persecutionis injuria , c tantò & justior fiat & gravior pro persecutione vindicta . which lactantius thus trebles . confidimus enim majestati ejus qui tam contemptum sui possit vlcisci , quam servorum suorum labores & injurias . et ideo cum tam nefanda perpetimur , ne verbo quidem reluctamur , sed deo remittimuus ulti●n●s . d saint angustine relates the same in these words , neque tunc civitas christi quamvis ad huc peregrinaretur in terra , & haberet tam magnorum agmina populorum , adversus impios persecutores , pro temporali salute pugnavit , sed potius ut obtineret aeternam , non repugnavit : ligabantur , includebantur , caedebantur , torquebantur , urebantur , laeniabantur , cruciabantur , & multiplicabantur . non erat iis pro salute pugnare , nisi salutem pro salute contemnere . the summe of all these fathers sayings ( which i have largely cited , because i would conceale nothing that might be materially objected ) is this : that the christians in the primitive church , though they were many in number , and sufficiently able to defend themselves against their persecuters by force of armes , did yet refuse to doe it , yeelding themselves up to any tortures , punishments , deaths , without the least resistance in word or deed ; ergo , the parliament and kingdome ought now to make no resistance at all against the kings popish army and cavaliers , but to expose themselves to their cruelties and rapines , without the least resistance in word or deed . because this objection stickes most with many schollars , statists , and tender consciences , i shall endeavour to give a satisfactory answer to it , without any shifting evasions , or questioning the truth of tertullians , and cyprians assertions , concerning the multitude and strength of the christians , and their ability to resist , which some have taken e great paines to refute . first , then i say , that neither of all these fathers say , that the primitive christians held it unlawfull , muchlesse damnable , in point of conscience for them to resist their persecuting enemies , no such syllable in any of them . and tertullians , si non apud istam disciplinam magis occidi licet quam occidere , by way of necessary defence , implies no such thing , but rather proves the contrary , that resistance is lawfull , because it is lawfull to be slaine as a martyr ; therefore in this case to slay . so as there is nothing in these authorities in point of conscience to condemne the parliaments present resistance , and defensive warre , as unlawful : secondly , they all seeme to grant , that the christians deemed resistance even by force of armes to be lawfull for them , though they used it not ; no text of scripture prohibiting , but allowing it , and these fathers producing no one text which truly condemnes it ; this being the very summe of their words . that though 〈◊〉 christians were exceeding many in number , of strength and power abundantly sufficient to defend themselves in a warlike manner against their persecuters , and had full liberty and no restraint upon them in point of conscience either to withstand their persecutors with armes , or to withdraw themselves from under the jurisdiction of their persecuters into remote parts , to the great weakning and losse of the state : yet such was their patience , innocency , and desire of martyrdome , that they resisted not their adversaries with force , nor retired , nor fled away from under their obedience , but cheerfully without the least resistance by word , deed , or thought , yeelded up their bodies , liberties , lives , to the cruelties of their enemies , to obtaine that crowne of martyrdome which they desired , and to offer up themselves a voluntary freewill oblation to the lord , who would certainly avenge all their wrongs . this is the sum of all these authorities , which evidence resistance lawfull in it selfe , and to these christians too in their owne judgements and resolutions , though the desire of martyrdome made them freely to forbeare it . these examples and authorities therefore abundantly corroborate , and no wayes impeach our cause . thirdly , their examples of not resisting persecuters , being rather voluntary , then enjoyned , out of a longing desire to be martyrs , and an assurance of divine vengeance to be executed on their persecuters , is no restraint nor ground at all for other christians , now not to use any forcible resistance , it being a grosse inconsequent to argue : the primitive christians voluntarily refused to defend themselves with force of armes against their persecuters , though they were not bound in point of conscience from such resistance , and had both liberty and power to resist . ergo , christians in point of conscience ought not to make any forcible resistance against oppressing lords and persecuters now : for then this their voluntary choice and election should deprive all following christians of that ability of defence which both themselves then had , and since enjoy by gods and natures law. yet this is all the argument which can be ingeniously framed from these authorities and examples ; the absurdity whereof i shall thus further illustrate from like precedents : we know , first , that f the primitive christians , out of a desire of martyrdome , not only refused to resist , but to flee away from their persecuters , when they might safely doe it ; some of them holding it unlawfull and dishonourable to flee in such a case ; by name tertullian , in his booke de fuga in persecutione . will our opposites from hence inferre : ergo , it is unlawfull for christians not onely to resist , but even to flee from their persecuters , or his majesties murdering , plundering forces ? or for them selves to flee , not onely from the parliaments forces , but justice too , as many of them have done , yea , made escapes against law to flee therefrom . if the christians not fleeing , binde neither them , nor us , not to flee now , why should their not resisting onely doe it ? secondly , g the primitive christians ran to the stake of martyrdome , when they were neither accused , cited , persecuted by any , freely confessing themselves christians , and rather desiring presently to die martyrs , then live christians , and reputing is worse then death not to be admitted to , or delaied the honour of being martyrs , of which we have infinite presidents in ecclesiasticall histories commonly known and over-tedious to recite . i shall onely instance in julian the apostates h christian souldiers : who being over-reached by him under colour of a largesse , to throw some frankincense into a fire secretly kindled by the emperour in honour of an idol , they dreaming of no such thing , and doing it onely as 〈◊〉 〈◊〉 plementall ceremonie ; as soon as they heard how the emperour had over-reached them , and given out speeches that they had sacrificed to his idol , presently rising from the feast prepared for them , in a fury , inflamed with zeale and wrath , ran through the market place , and cried out openly , wee are christians , wee are christians in minde ; let all men heare it , and above all , god , to whom we both live and will also die . o christ our saviour , we have not broken our faith plighted to thee : if our hand hath any way offended , verily our minde followed it not at all ; we are circumvented by the emperours fraud with whose gold we are wounded . we have put off impiety , we are purged by blood . after which , posting speedily to the emperour , and casting away their gold , with a generous and strenuous minde they exclaimed against him in this manner . o emperour , we have not received gifts , but are damned with death . we are not called for our honour , but branded with ignominie . give this benefit to thy souldiers , kill and behead us unto christ , to whose empire onely we are subject . recompence fire for fire ; for those ashes reduce us into ashes . cut off the hands which we have wickedly stretched out ; the feet wherewith we have perniciously run together . give gold to others , who will not afterwards repent they have received it ; christ is enough , and more then sufficient unto us , whom we account in stead of all . the emperour enraged with this speech , refused to slay them openly , lest they should bee made martyrs , who as much as in them lay were martyrs ; but onely banished them , revenging this their contempt with that punishment . will it then follow from these memorable examples , that all true christians now in england and ireland must come thus and offer themselves voluntarily to the popish rebels and forces ( now in arms to extirpate the protestant religion in both kingdoms ) or that the members of both houses must go speedily to oxford to the king and his evill counsellors , and there let them kill , hang , burne , quarter , slay , execute , torture them , subvert religion , laws , liberties , parliaments , without the least resistance ? or will our opposites hence conclude ( as they may with better judgement and conscience doe ) ergo , all such persons voted traitors and delinquents in any kinde by both houses of parliament , ought now in point of conscience ( to avoid the effusion of blood and ruine of the realm , through the civill warres they have occasioned ) to lay down their arms , and voluntarily resigne up themselves to the impartiall justice of the parliament , without any the least resistance for the future : if no such doctrinall , or practicall conclusions may be drawne from these their precedents of voluntary seeking and rendring themselves up to the martyrdome of their opposites ; then the unlawfulnesse of resisting cannot be inferred from this their non-resisting . thirdly , how many cowardly souldiers in all ages , and in this too , have voluntarily yeelded up forts , castles , ships , armes , persons , to their invading approaching enemies without fight or resistance ? how many persons have resigned up their purses to high-way theeves , their lands to disseisors , their houses , goods to riotors , their ships , estates , persons , to turkish and other pirats , without any resistance , when they might have lawfully and easily preserved them by resisting ? will it therefore follow , that all others must do so ? that we must not sight against invading enemies , theeves , pirats riotors , because many good christians out of fear or cowardise , or for other reasons have not done it in all ages ? i ●ow not . will the jews refusi●g three s or four severall times to defend themselves against their insulting enemies on their sabbath ; or the t gothes not resisting their invading foes on the lords day ; or will the alexandrian jewes example and speech to flaccus , u inermes sumus ut vides , & tamen sunt qui nos tanquam hostes publicos hic criminantur . etiam eas quas ad nostri tutelam partes dedit natura , re●rò vertimus ubi nihil habent quod agant , corpora praebemus nuda & patentia ad impetum eorum qui nos volunt occidere . or that example of the christian x theban legion , slain without the least resistance for their religion : who as an ancient martyriologer saith , caed●bantur passim gladiis non reclamantes , sed & depositis armis cervices persecutoribus vel intectum corpus offerentes : warrant this deduction . ergo , no christians now must resist their invading enemies on the sabbath day , but must offer their naked bodies , heads , throats , unto their swords and violence ? if not , then these examples and authorities will no wayes prejudice our present resistance . fourthly , the christians not onely refused to resist their oppressing emperours and magistrates , who proceeded judicially by a kinde of law against them , but even the vulgar people , who assaulted , stoned , slew them in the streets against law , as tertullians words , quoties enim praeteritis à vobis suo jure nos inimicum vulgus invadit lapidibus & incendiis , &c. manifest without all contradiction ; and indeed this passage so much insisted on , relates principally , if not onely to such assaults of the rude notorious vulgar , which every man will grant the christians might lawfully with good conscience forcibly resist , because they were no magistrates nor lawfull higher powers within rom. . . . or pet. , , . either then our antagonist must grant , that it is unlawfull in point of conscience forcibly to resist the unlawfull assaults and violence of the vulgar or private persons who are no magistrates : and that it is unlawfull now for any christians to resist theeves , pirats , or beare defensive armes , as the y anabaptists ( from whose quiver our antagonists have borrowed this and all other shafts against the present defensive warre ) and so make the primitive christians all anabaptists in this particular : or else inevitably grant resistance lawfull , notwithanding their examples and these passages of not resisting . the rather , because tertullian in the next preceding words , puts no difference at all between the emperour and meanest subjects in this case ; idem sumus ( saith he ) imperatoribus , qui & vicinis nostris malè enim velle , malè facere , malè dicere , malè cogitare de quoquam ex aequo vetamur . quodcunqne non licet in imperatorem id n●c in quenquam . fifthly , admit the christians then deemed all forcible resistance of persecuters simply unlawfull in point of conscience , as being a thing quite contrary to christian profession and religion ; then as it necessarily proves on the one side , that even christian kings , princes , magistrates , must in no wise forcibly resist the tumultuous rebellions , insurrections , and persecutions of their subjects , because they are christians as well as rulers , and in this regard equally obliged with them not to resist with armes ; much lesse then their parliaments forces lawfully raised for the publike defence . so on the contrary part it follows not , that therefore resistance is either unlawfull in it selfe , or that the parliaments present resistance is so . for first , such resistance being no where prohibited ( as i have formerly proved ) their bare opinion , that it was unlawfull to them , cannot make it so to them , or us in point of conscience , since god hath not made or declared it so . secondly , the primitive christians held many things unlawfull in point of conscience , which we now hold not so . z tertullian and others informe us , that the christians in his time thought it a hainous sinne ( nefas ) to pray kneeling on the lords day , or between easter and whitsontide ( and so by consequence to kneele at the sacrament ) praying alwayes standing on those dayes in memory of christs resurrection . which custome was ratified also by many a councels : yet then it was lawfull no doubt in it selfe for them to pray kneeling , and we all use the contrary custome now . the christians then held it unlawfull , to eat blood in puddings , or any other meats , as b tertullian , c minucius felix testifie , and many d councels expressely prohibited it since , as unlawfull : yet all churches at this day deem it lawfull , and practise the contrary . the christians in tertullians dayes , and he himselfe in a speciall book , de fuga in persecutione , held it unlawfull to flee in times of persecution , and therefore they voluntarily offered themselves to martyrdome without flight or resistance . yet we all now hold flying lawfull , and all sorts practise it as lawfull ; yea many more then they ought to doe . i might give sundry other instances of like nature : the christians opinion therefore of the unlawfulnesse of any armed resistance of persecuters publike or private ( held they any such ) though seconded with their practice , is no good argument of its unlawfulnesse , without better evidence , either then , or at this present . thirdly , the case of the primitive christians and ours now is far different ; the emperours , magistrates , and whole states under which they then lived were all pagan idolaters , their religion quite contrary to the laws and false religions setled in those states : there were many e laws and edicts then in force against christian religion , unrepealed : most professors of religion were of the lowest ranke , f not many wise , noble , mighty men , scarce any great officer , magistrate , or senator , was of that profession , but all fierce enemies against it : for christians , being but private men , and no apparant body of a state , to make any publike forcible resistance in defence of religion against emperours , senators , magistrates , lawes , and the whole state wherein they lived , had neither been prevalent nor expedient ; a great hinderance and prejudice to religion , and as some hold , unlawfull . but our present case is far otherwise ; our king , parliament , state , magistrates , people , are all christians in externall profession , our protestant religion established , popery excluded , banished by sundry publike lawes ; the houses of parliament , and others now resisting , are the whole body of the realme in representation , and have authority , even by law , to defend themselves and religion against invading popish forces : in which regards our present resistance is , and may cleerly bee affirmed lawfull , though the primitive christians , in respect of the former circumstances , might not be so . secondly , their resistance , ( especially of the magistrates not vulgar rabble ) if made , had been onely , singly for defence of their religion then practised but in corners , publikely condemned , no where tolerated : our present war is not onely for defence of our religion established by law , and to keep out popery , but for the preservation of laws , liberties , the very essence of parliaments , the safety of the realme , and that by authority of parliament , the representative body of the realme . the parliaments defensive warre , therefore , upon these politicke grounds is just and lawfull , though the primitive christians , perchance in defence of religion onely , as its case then stood , would not have been so : even as the roman senators and states resisting of nero , or any other tyrannicall emperors violations of the laws , liberties , lives , estates of the senate , people , were then reputed just and lawfull , though the christians defence of religion would not have been so esteemed in those times . and thus i hope i have satisfactorily answered this objection without shifts or evasions , and rectified these mistaken fathers meanings , with which our opposites have seduced the illiterate over-credulous vulgar . i have now ( through gods assistance ) quite run through all obiections of moment from scripture , reason , fathers , against the lawfulnesse of the parliaments present defensive war , and discovered divers grosse errors , yea , impostures in our opposites writings , wherewith they have perverted many mens consciences , and cheated the ignorant seduced world : i shall therefore here advise them in the presence of almighty god , as they will answer the contrary before his tribunall at the day of iudgement , seriously to consider these my answers , and publikely to retract those their errors , false grosse mis-interpretations , perversions of scriptures , authors , which i have here discovered . and since they pretend nothing but their satisfying and keeping of a good g conscience in & by others , concerned in this controversie ; to shew a syncere ingenuous conscience therein themselves where they have been mistaken , since the contestation pretended , is not for victory , time-serving , or self-seeking ; but for truth , gods glory , and the publike weal : and if i have over-shot my self in any thing , i shall promise them a thankfull acknowledgement , and ready palinedy upon their information and conviction of any apparent oversights , i may casually fall into . now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive arms against their soveraigns , bent to subvert religion , laws , liberties , the republike , or deem it is a late upstart novelty , i shall conclude this discourse with such personall , naturall and publike authorities , as they shall not be able to balance with counter-resolutions ; in which i shall be as brief as i may be . for personall authorities , i shall not be ambitious to remember many , especially papists , whose common , constant received opinion , and practise hath alwayes been and yet is , h that subjects upon the popes command alone , and absolution of them from their soveraigns allegiance , may and ought to take up even offensive arms against their owne naturall princes excommunicated , interdicted , deposed , or onely declared contumacious , schism●ticall or hereticall by the pope , without , yea , against their kingdoms , parliaments privities or consents , much more then with their approbation . what papists have determined and practised in this very point you may read at large in gratiau himself causa . . quaest . . and causa . . in the very oath of supremacie , and statut. of . iacobi , ch . . which prescribes it , in bishop iewels view of a seditious bull , in doctor iohn white his defence of the way , chap. . & . in abbas vspergensis , sabellicus , valateranus , grimston and others , in the lives of the roman and german emperours ; in aventinchis annalium boyorum , the generall and particular histories of france , spain , germany , italy , sicily , hungary , england ; in bishp bilsons third part of the true difference between christian subjection and unchristian rebellion . in sundry sermons on the fift of november , to which i shall refer you : in pope paschal his letter to robert earl of flanders , about the year of our lord , . exorting him to war against those of leige , henry the emperour and his assistants , wheresoever he should finde them , excommunicated and deposed as an heretike and enemy to the church ; telling him , that he could not offer a more gratefull sacrifice to god , then to ware against them ; concluding , hoc tibi & militibus this in peccatorum remissionem , & apostolicae sedis familiaritatem praecipimus , ut his laboribus , & triumphis ad coelestem hierusalem , domino praestante , pervenias : which letter was excellently answered by those of leige . and in the * councel of towres in france , under lewes the twelfth , anno . it was unanimously resolved by the church of france , that if the pope did make war upon temporall princes , in lands which they held not of the patrimony of the church , they might lawfully by force of arms resist and defend both themselves and other ; & not only repulse this injury , but likewise invade the lands of the church , possessed by the pope their notorious enemy , not perpetually to retain , but to hinder the pope from becomming more strong and potent by them , to offend both them and theirs . and that it was lawfull for such princes , for such notorious hatred and unjust invasion to withdraw themselves from the popes obedience , and with armed force to resist all censures denounced by the pope against them , their subjects and confederates , and that such sentences ought not to be obeyed , but are mear nullities in law , which obliege no man. yet i must inform you further in brief , that iohn maior a popish schoolman in lib. . sentent . ( as grotius writes ) affirms , that the people cannot deprive themselves of the power , not onely of resisting , but deposing kings in cases which directly tend to their destruction ; and that * iohn barclay , a late scottish priest , though a strenuous defendor of princes prerogatives , expresly averres , that if a king will altenate and subiect his kingdom to another , without his subiects consents , or be carried with atrue hostile minde , to the destruction of all his people , that his kingdom is thereby actually lost and forfeited , so as the people may not onely absolutely resist , and disobey , but depose him , and elect another king : to which k hugo gortius a protestant , freely subscribes ; and iohn bodin alloweth of subjects resistance , yea , deposing kings , insome kingdoms absolutely , and in some cases gener allyin all ; de repub. l. . c. . l. . c. & l. . c. . & . for protestant personall authorities ; we have huldericus zuinglius , explanatio articuli , , , , . tom. . fol. . to . who allows not only subiects actuall resistance , but deprivation of kings , where princes set themselves to subvert religion , laws , liberties ; and that by the common consent of the states in parliament , from whom kings originally receive their royall power and authority . martin luther , bugenhagius , iustus ionas , ambsdorfius , spaelotinus , melancthon , cruciger , and other divines , lawyers , statesmen , anno . who published a writing in justification of defensive arms by subjects in certains cases ; sleidan , hist . lib. . . . david chrytraus , chron. saxoniae , l. . p. . richardus dinothus de bello civili gallico religionis caeusasuscepto , p. . . . , &c. a book intituled , de iure belli , belgici , hagae , . purposely justifying the lawfulnesse of the low-countries defensive war. emanuel meteranus historia belgica , praefat. & lib. to . david paraeus , com. in rom. . dub. . and. quaest . theolog. . edward grimston his generall history of the netherlands , l. . to . passim . hugo grotius de iure belli & pacis , lib. . cap. . with sundry other forraign protestant * writers , both in germany , france , bohemia , the netherlands and elsewhere ; iohu knokes his appellation , p. . to . george bucanon de iure regni apud scotos , with many * scottish pamphlets justifying their late wars : ioh. ponet once b. of winchester , his book intituled , politick govern. p. . to . alber. gentilis de iur. belli , l. . c. . l. . c. . . m. goodmans book in q. ma. dayes , intituled , how superior magistrates ought to be obeyed , c. . . . . d. a. willet his sixfold commentary on romanes . quaestion . . & controversie , . p. , , , &c. * peter martyr com : in rom. p. . with sundry late writers , common in every mans hands , iustifying the lawfulnesse of the present defensive war , whose names i spare . and lest any should think that none but puritanes have maintained this opinion , k. iames himself in his answer to card. perron , iustifieth the french protestant taking up defensive arms in france . and l bish . bilson ( a fierce antipuritane ) not onely defends the lawfulnesse of the protestants defensive arms against their soveraign in germany , flaunders , scotland , france ; but likewise dogmatically determines in these words ; neither will i rashly pronounce all that resist to be rebels , cases may fall out even in christian kingdoms , where the people may plead their right against the prince , and not be charged with rebellion , as wherefor example ? if a prince should go about to subject his people to a forreign realm , or change the form of the common-wealth from impery to tyrannie , or neglect the laws established by common consent of prince and people , to execute his own pleasure . in these and other caeses which might be named , if the nobility and commons ioyn together to defend their ancient and accvstomed liberty , regiment and laws , they may not well be covnted rebels . i never denied , but that the people might preserve the foundation , freedom , and forme of the common-wealth , which they fore prised when they first consented to have a king : as i said then , so i say now , the law of god giveth no man leave ; but i never said , that kingdoms and common-wealths might not proportion their states , as they thought best , by their publike laws , which afterward the princes themselves may not violate . by supertour powers ordained of god , ( rom. . ) we understand not onely princes , bvt all politike states and regiments ; somewhere the people , somewhere the nobles , having the same interest to the sword , that princes have to their kingdoms , and in kingdoms where princes bear rule by the sword ; we do not mean the private princes will against his laws , bvt his precept derived from his lawes , and agreeing with his lawes : which though it be wicked , yet may it not be resisted of any subject , ( when derived from , and agreeing with the laws ) with armed violence . marry , when princes offer their subjects not iustice , but force , and despise all laws to practise their lusts , not every , nor any private man may take the sword to redresse the prince ; but if the laws of the land appoint the nobles as next to the king to assist him in doing right , and withhold him from doing wrong , then be they licenced by mans law , and not prohibited by gods , to interpose themselves for safeguard of equity and innoceucy , and by all lawfull and needfvll means to procvre the prince to be re formed , but in no case deprived where the scepter is hereditary . so this learned bishop determines in his authorized book dedicated to queen elizabeth , point-blank against our novell court-doctors , and royallists . but that which swayes most with me , is not the opinions of private men , byassed oft-times with private sinister ends which corrupt their judgements , ( as i dare say most of our opposites in this controversie have writ to flatter princes , to gain or retain promotions , &c. ) but the generall universall opinion and practice of all kingdoms , nations in the world from time to time . never was there any state or kingdom under heaven from the beginning of the world till now , that held or resolved it to be unlawfull in point of law or coscience , to resist with force of arms the tyranny of their emperours , kings , princes , especially when they openly made war , or exercised violence against them , to subvert their religion , laws , liberties , state , government . if ever there were any kingdom , state , people of this opinion , or which forbore to take up arms against their tyrannous princes in such cases , even for conscience sake , i desire our antagonists to name them ; for though i have diligently searched , inquired after such , i could never yet finde or hear of them in the world ; but on the contrary , i finde all nations , states , kingdoms whatsoever , whether pagan or christian , protestant or popish , ancient or modern , unanimously concurring both in iudgement and constant practice , that forcible resistance in such cases is both iust , lawfull , necessary , yea , a duty to be undertaken by the generall consent of the whole kingdom , state , nation , though with the effusion of much blood , and hazard of many mens lives . this was the constant practise of the romans , grecians , gothes , moors , indians , aegyptians , vandals , spaniards , french , britains , saxons , italians , english , scots , bohemians , polonians , hungarians , danes , swedes , iews , flemmins , and other nations in former and late ages , against their tyrannicall oppressing emperors , kings , princes , together with the late defensive wars of the protestants in germany , bohemia , france , swethland , the low-countries , scotland , and elsewhere , against their princes , ( approved by queen elizabeth , king iames , and our present king charles . who assisted the french , bohemians , dutch , and german protestant princes in those wars , with the unanimous consent of their parliaments , clergy , people ) abundantly evidence beyond all contradiction ; which i have more particularly manifested at large in my appendix , and therefore shall not enlarge my self further in it here : onely i shall acquaint you with these five particulars . first , that in the m germanes defensive wars for religion , in luthers dayes , the duke of saxonie , the lantzgrave of hesse , the magistrates of magdeburge , together with other protestant princes , states , lawyers , cities , counsellors and ministers , after serious consultation , coneluded and resolved , that the laws of the empire permitted resistance of the emperour to the princes and subjects in some cases , that defence of religion and liberties then invaded , was one of these caeses ; that the times were then so dangerous , that the very force of conscience and necessity did lead them to arms , and to make a league to defend themselves , thovgh caesar or any in his name wovld make war against them ; that if the emperour had kept his bonds and covenants , they would have done their duties ; but because he began first to make the breach , the fault is his : for since he attempteth to root out religion , and subvert our libertie , he giveth us cause enough to resist him with good consciene ; the matter standing as it doth , we may resist him , as may be shewed by sacred and prophane stories . vnjust violence is not gods ordinance , neither are we bound to him by any other reason , then if he keep the conditions on which he was created emperour . by the laws the mselves it is provided , that the inferiour magistrate shall not infringe the right of the superiour : and so likewise if the superiour magistrate exceed the limits of his power , and command that which is wicked , not onely we need not obey him , bvt if he offer force we may resist him . so they in point of law and conscience then publikely resolved . secondly , that the n french protestants , and others , in the reign of king francis the second , anno . being much oppressed by the guisian faction , who had got the k. into their power , and wholly swayed him ( as his maj. ill councellors sway him now ) there upon assembling together to consult of some just defence , to preserve the just and ancient government of the realm . they demaunded advice tovching law and conscience , of many learned lawyers and divines ; who resolved , that they might lawfvlly oppose themselvs against the government which the house of guise had usurped , and at need take arms to repvlse their violence ; so as the princes , who in this case are born magistrates , or some one of them would undertake it , being ordered by the states of the realm , or by the sounder part of them . o that defence of religion and liberties against violence and oppression were iust causes of warre ; et quod pia arma ea sint , ultra quae nulla restat spesvitae nec salutis . a like resolution and determination was mado by the chief dukes , peers , nobles , and officers of france , anno . which you may read in the appendix . thirdly , that the p angrognians and waldensian protestants of lucerne and piedment in the year . to , being persecuted by the lord of trinitie and their popish soveraigns , assembling solemnly together to consult how to prevent the great dangers then at hand , after long prayer and calling upon god for his grace and spirit of direction and counsell , well to manage their weighty affairs , and to preserve themselves and the protestant religion professed by them , concluded in the end , to enter into a solemn mutuall covenant , and to ioyn in a league together for defence of themselves and their religion ; whereupon they all promised by gods grace and assistance , to maintain the pure preaching of the gospell and administration of the sacraments , and one to ayd and assist the other , &c. which they did with good successe , obtaining many glorious victories against invading persecuting enemies . the like did q zisca , the thahorites and bohemians heretofore , and of r later times ; as the maginall authors largely relate , resolving it iust and lawfull for them in law and conscience , to defend themselves and their religion by force of arms against their persecuting soveraignes . fourthly , that the ſ netherland provinces , being oppressed in their bodies , estates , by the duke of alua and spanyards tyrannie , and in their religion and consciences , by the introduced irquisition to extirpate religion ; did after serious deliberation , and consultation with learned men of all sorts , unanimously conclude and enter into a solemn covenant to defend their libities , religion , laws , by force of arms , against the spanish tyrannie ; as you may read at large in their histories . and in the year . the prince of orange and his confederates , having levyed a goodly army to relieve mons besieged by the duke of alua , caused this notable * protestation to be printed and published to the world , as well in his own name , as in his confederates , giving a reason of the arms which he had taken up , as followeth . wee william by the grace of god , prince of orange , earle of nassau , &c. to all noble-men , knights , gentlemen , and others , of what quality soever of these netherlands , which desire the liberty thereof , being miserably tyrannized and oppressed by the duke of alva , the spaniards , and other their friends , traytors and mvrtherers of their own covntrey , we declare that everyone of us , for a particular love and zeale he beares unto his countrey , and for the glory of god , which we desire above all , have often sought by all meanes the good and quiet of the countrey , as well by petitions and other mild meanes , as by force of armes , thinking to draw those that were as we are , to doe the like , sometimes by sighes and prayers unto god , having had patience untill that it should please him to mollifie the hearts of the said tyrants ; but in the end solicited and called generally and particularly by the inhabitants of the said countrey , by reason of the inhumanities and oppressions ; we have in the name of god ( according to ovr consciences ) taken armes ; protesting before god and his angels , and before all men present and to come , that we have not been moved hereunto by any private passion , but with an ardent desire which we have to oppose our selves against this more then barbarous and unsupportable tyranny , to the proclamations , edicts , taxes , imposts and charges of the hundreth , thirtieth , twentieth and tenth penny imposed by the insatiable covetousnesse of the duke of alva , against the lawes liberties , freedomes , and ancient priviledges of the said countrey ; which lawes , liberties , freedomes and ancient priviledges , we mean ( by the grace of god ) to restore unto the said countrey , holding it under the obedience of their prince and naturall lord , as we are bound to do : affirming and maintaining , that * all princes and noblemen , gentlemen , commonweales , or others , of what quality soever , be they strangers or home-bred , that have been moved to give us aide or assistance in this so ivst an enterprise , have not don it for any other intent , but for true piety and compassion which they have with us of the said miseries and calamities : wherefore we pray and entreat every one , both in generall and particular , to assure themselves , that we intend not to doe wrong to any man , nor to attempt upon the good estates or honour of any of what quality soever , were he of the clergy , but are ready to aid and assist every one freely and willingly ; as for his liberty , every one is bovnd to svccor vs by all dve and possible meanes . in the mean time we will give order , that god and the countrey may be served , in procuring the preservation of the people , and the defence of their houses , wives , and children : praying to god , that he would favour and bring to a good end so holy and necessary an enterprize . this their defensive warre , yet continuing , hath been justified by many , and in speciall maintained to be just and honorable both in law and conscience in a particular book de jure belli belgici , printed at the hague with the states approbation , . to which i shall referre you . fifthly , r ( which comes neerest to our present case of any story i have met with ) alphonso the . king of arragon , in the year . through the ill advise of some bad counsellors and courtiers about him , departed in discontent from the parliament of the estates of arragon then assembled at saragossa , and posted to osca , because the parliaments took upon them to make lawes to reforme and order his court , his courtiers , which he denyed , but they affirmed , they had just right and power to doe . hereupon , the businesse being put unto greater difficulty ; the estates affirmed . a comitiis intempestive discedere regi nefas esse , that it was a wicked act , for the king thvs vnseasonably to depart from the parliament ; neither was so great . a breach of their priviledges and rights to be patiently endvred : whereupon they presently raised up the name and forces of the vnion or association ( formerly made and entred into between the nobility , cities , and people , mutually to aid and assist one another to preserve the peace and liberties of the realm , even with force of armes ) it being lawfvll for the common cause of liberty ; non verbis solum , sed armis qvoqve contendere , not onely to contend with words , bvt also with armes . vpon this , king alphonso desirous to prevent the mischiefs them present and incumbent , by advise of his privy counsell , published certaine good edicts at osca for regulating his court , counsell , iudges , officers ; by which he thought to have ended all this controversie , but because they were promulged onely by the kings own edict , not by the whole parliament as binding lawes , they still proceeded in the vnion ; till at last , after various events of things , this king returning to the generall assembly , and parliament of the estates at saragossa , in the year condessended to their desires , and confirmed the two memorable priviledges of the vnion , with the soveraign power of the iustice of aragon , which could controll their very kings : of which see more in the appendix . i shall close up this of the lawfulnesse of a necessary defensive warre , with the speech of the emperour alexander seuerus , recorded by f herodian , l. . he who first infers injuries hath no probable colour ; but he that repulseth those who are troublesome to him ; ex bona conscentia sumit fiduciam ; assumes confidence from a good conscience , and good hope of successe is present with him from hence , that he offers not injury , but removes it . thus have i now at last waded thorow this weighty controversie , of the lawfulnesse both in point of law and conscience , of the parliaments present , and all other subjects necessary defensive warres against their soveraigns , who invade their lawes liberties , religion , government , to subvert them , by open force of armes : in which i have freely and impartially discharged my conscience , not out of any turbulent , seditious , or disloyall intention , to forment or perpetuate the present , or raise any future destructive , unnaturall warres between king , parliament , and people , or to countenance , to encourage any tumultuous , rebellious , factious , ambitious , traiterous spirits to mutiny or rebell against their soveraigns for private injuries , or upon any false unwarrantable ends or pretences whatsoever ; ( let gods curse and mens for ever rest upon all those , who are in love with any warre , especially a civill , within their own dearest countries bowels ; or dare abuse my loyall sincere lucubrations to any disloyall sinister designes , to the prejudice of their soveraignes , or the states wherein they live : ) but only out of a cordiall desire to effect such a speedy , honourable , safe , religious , semplternall peace between king and parliament , as all true christian english hearts both cordially pray , long for , and endeavour , by informing his seduced majesty , his evill counsellors , his popish malignant forces , that if they will still proceed unnaturally and treacherously to make war against their native countrey , religion , lawes , liberties , and the parliament , ( which to doe i have t elsewhere manifested to be no lesse then high treason , rebellion , against both king and kingdome ) they may in point of conscience and law too , be justly opposed , resisted , repulsed , even by force of armes , without any guilt of treason , rebellion , or feare of temporall or eternall condemnation , as publike enemies , rebels , traytors to the realm , whatevever they have hitherto been informed of to the contrary by temporizing lawyers , or flattering illiterate court divines ; and by assuring all such noble generous publike spirits , who shall willingly adventure their lives or fortunes by the parliaments command , in the present necessary defensive warre , for the ends premised ; that for this good service they shall neither in the courts of law , nor conscience , incurre the least stain , or guilt of treason , rebellion , sedition , or any such like odious crime , much lesse eternall condemnation ; the panick feare whereof , frequently denounced against them by many sottish malignants , royalists , ill-instructed lawyers and theologasters , hath frighted , kept back , and withdrawn multitudes from , yea cooled , corrupted many in this honourable publike duty , service , which they now owe of right to god and their countrey ; in which to be treacherous , perfidious , sloathfull , negligent , cold , uncordiall , or timerous ( as too many hitherto have been , to the greater honour of those who haue been faithfull , actiue , valiant , and sincere ) especially now after so many late horrid treacheries most happily discouered and a new couenant solemnly entred into , demerits a perpetuall brand of infamy and reproach . to dye fighting for ones dearest bleeding , dying countrey , hath in all ages been honoured with a crown of martyrdome ; to liue or dye fighting against it hath ever deserved the most capitall censures , ignominies , and heaviest execrations . let both sides therefore now seriously ponder and lay all the premises close to their soules , consciences ; and then i doubt not through gods blessing , but a happy peace will speedily thereon ensue x nation shall not lift up sword against nation , countrey against countrey , englishman against englishman , brother against brother any more , as now they doe , neither shall they learn such an unnaturaall cursed kind of civill warre any more , but beat their swords into plow-shares , and their speares into pruning hooks ; and y greet one another with a kisse of holy peace and charity : which desired end and issue of these present bloudy warres god in his mercy hasten and accomplish , to the joy of all our soules . i should now , according to former engagements , proceed to other remaining particulars ; but because this part hath already farre exceeded its intended bounds , out of a desire to give full satisfaction in a point of highest present , and future concernment every way ; i shall reserve the residue , with the appendix , for another distinct part ; with which i shall conclude my meditations and collections of this subject , without any further additions , if god say amen . finis partis tertiae . errata . pag. . l. . to . by . p. . l. . omri , zimri . l. . iudah . israel . p. . . . that . p. . l. . of their . p. . l. . hence . p . l. . not a bishop ; a bishop , not a lay-man . notes, typically marginal, from the original text notes for div a -e * part . edit . p. , to . . notes for div a -e a civilis belli , l. . p. . b apud veros dei cultores etiam ipsa bella pacata sunt ; quae non cupiditate aut crudelitate , sed pacis studio geruntur aug. de diuers . eccl. observ . . gratian caus . . qu. . cap. apud . albericus gentilis de iure belli . l. . c. . c patriae deesse quoad vita supperat nefas est livius , rō . hist . l . d militare non est delictum sed propter praedam militare peccatum est . august . de verbis dom. tract . . & gratian. caus . . qu . e see littleton in his chapter of gran-serjanty , knight-service , escuage , & cook ibi . f numb . josh . . , to . g judg . . h sam. . . i judg. . . . k jer. . . . notes for div a -e object . . * see many printed declarations , proclamations to this effect ; with other pamphlets . answ . . . a see the houses severall declarations to this effect . * e c. h. , c. . see ashes table , contemp. , . the law bookes there quoted , h. . c. . e. . . coron , . dyer , . stamford : pleas , l. . c , , f. . l , , c , , f , * the declaration of the lords & commons in answer to his majesties , concerning keinto● battle . b part . & . throughout . c see polybius hist . l. . arist polit. l. . c. . . l. . c. . l. . c. . bodin l. , c , . l , , c. . d hieron . blan. aragonens . rerum comment . p. . . . to . . to . joan , mariana de rege & regie instit . l. . c. . to . e in the appendix . f part. . g common-wealth l. . c. see plut. caes . & pompeius . h aragonensium rerum com●●● . p. . * part . p. , , , &c. i see arist . polir . l. c. d t. beards thea●re of gods iudgements . l. . c. . to . ad generum cereris pauci sine sarguine fuso , descendunt reges , & sicca morte tyranni suvenal . see the appendix . k polit. l. . c. . . l memorabil . l. . p. . m hist . l. . n spelmani concil . tem. p. . o lambard . archaion . p. . fox acts & mon. vol. . p. . p lib cap. . surius tom. . p. . q common-wealth . l. . c. , . r de rege et regis jnstit . l. . c. . . s lib. . c. . fol. . t lib. . c. : u de laudib . legum angl. c. . to . x speech in parliament house , anno . y bract. l. . c. . fleta l. . c. . fortos . c. . to . cooke . report fol. . . calvins case . rom. , . pet. . . z see the apendix . a sam. . chro. . see the kings coron . oath , b row. . , . pet. . . titus . c perniciosus de repub &c. ciecero de legi . sam. . , to . cap. . . . chr. . see. marian. de reg. & reg. inst . l. . c. . d de leg. ang c. . . , . . e lib. . f. , calvins case . c. f lib. . c. . f. . g lib. c. . h lib . c. . i de laud legum angl. c. . to . k de rege & regis instit . l. . c. . l deut. . prov. . rom. . . ephes . . pet. . . * see doctor beards theater of gods iudgements , l. . c. . to . m gratian. causa . qu. . . . calvin . lexicon . iurid tit bellum . n cicero tusquaest . l. . o liv rom. hist . l . sect . . p. . p walsingh . hist . ang. p. . . q walsing , hist ang. p. . r walsing . hist . ang. p. . . s walsing . hist ang p . , . , . t halls chro. & . h. f. , . fox acts & mon. vol. . edit . ult . col. , . u iac. c. , , . the kings proclamations . iacob . against them , and the arrai●nement of traitors . * cooke . report , calvins case . * math. paris pag. . speed p. . . y tim. . , . ier. psal . . . , . isa . . . & . . * livy rom. hist . l. . dec. , p. . arist . polit. l. p. . marian● de rege , l. c. c. . a arist . polit. l. . & buchan . de iure regni apad scotos . b gratia● . causa , . qu , , . iacob spulegiu● , lexicon iur is , tit bellum . f. de iustitia et jure non sine . ioannis ca●vini lexicon ●uris . tit. bellum co . , . summa angelica , et rosella aensis sum. part. . qu. . mem . . & quaest . . num . . martin laud. de bello , suriu● concil . tom. . p. . c calv. lexicon . jurid . ib. ex hotomano . and other forcited . d see principally . h. . rot. pat. mem . & mem. dorss . e see aristot . pol. l. , c , , , & l. , . polib . hist . l. . fortescue . c. . to . ſ de offici●● . l. . p. . g exod. . . to . . num. . . to . sam . . . . chr. . . iohn . . . c. . . . . h cicero de ligibus . i resolution of conscience . sect. . k see stamfords pleas : f. . . . l see andrew favine his theatre of honour l. . c. . . . halls chron. h. . f. . . . . . . . . . . . . . m hall an. . h. . f. . . o halls chron. f. . . h. . p generall history of france p. , . fabians chron part . . in his life ; with others . q seneca de ira. r eadmerus , malmes hunt. hoveden , mat. west . mat. par polychonicon , fab. coxton , holinsh . grof . speed , daniel , and others in the life of wil. refus . s see stamford bracton , fitzherbert , brock , cromp. tit. t●eson & coro●s . t mat. par. an. . p. . speed p. . dan. p. . . holinsh . graft . stow , and others . n in praesenti bello , dominus rex extitit vulneatus & morti paene vicinus , jaculo in eum ex improviso de . jecto , mat. par. ibid. x see the remens●r●nce of both houses nov. . . * littleton sect . . cook. inst . ib f. . l. . e. . . . . e. . . b. . e. . . plowden p. . . . e. . c. . h. . c. . . cooke l. f. . . . . * isa . . . . . * see charta de fortesta , rassals abridgment , title forrests . . jac. c. . petrus bieser sis de instit-episcopi . bibl. patr●m tom . pars . p. . illud ni●ilo . minnis absurdum , &c. * gen. . . . . c. . psa . . . to . . * psal . ● . . . chr. . . see the vindication and revindication of this text. * rev. . . c. . . c. . . * psal . . . ps . . . * gen. . . mat. . . * see tertul. & cyprian de spectaculis onupbrius , bulengerus , lyp●ius , and others , de theatris , ludis circensieus and joannes mariana despectaculis . * graft . part . p. . part . f. part . . p. . * zonaras annal. tom. . f. . muns●eri cosmeg . l. . c. . p. . * mat. west . an . p. . malm●shunting . fab. graft , holins . speed , and others in his life . * hoved. 〈◊〉 . pars posterior . p. . mat. paris , mat. wesim . polye . fab. walsi●g . holinsh graf . speed , daniel in the life of rich. . y see bishop bilson , of christiā subject on , &c. part . p. to . and the authors there cited . z speed. hist . l. c. . . l . . ● . . camb. brit. p. ● . &c see holinsh . poly. gras . a jacob●● valde sius de dignitate regum regn. hisp . c. . franciscus tarapha de reg●bus hispaniae , michael ritius de regibus hisp . l. . manst . cosm . l. c . b see bishop bilsons true difference , &c. p. . . to . and the appendix here . p. . . c aventinus a●i . l. . the generall hist . of france in his life . see the appendix . d see grimstans imperiall history in their lives , & and the appendix . * the generall history of spaine p. . * gras● . part p . buchanon remon scot. l. . p. . e theatre of honour l. . c. . p. . f see part. neere the end . g see summ● rosella tit. bel. um . h fitz nat. brevium f. . . i common weale l . c● . . . * see knols turkish hist . in his life . * speede hist . p. . the history of the netherlands , and the swedish intelligencer . * mat. par. mat. west . hoved. speed , holish . fab. graft . daniel in his life . * see knols turkish hist . of the calling in the turke into graecia and cambdin & speed of the brittaines calling in the saxons which proved their ruin and conquest . h see matth. westm . huntingdon , galfridus monumetensis , florentius wigorniensis , polychronicon , fabian , caxton , grafton , holinshed , speed , and others , in their severall lives . l matth. far●● hist . angl. p. to . holinshed , grafton , speed , fabian and daniel , p. . . . * a true character of a pope , pag. . . . m hist . angl. pag. . n pag. . . see part . p. . . p confirm . chartarum . . e. . c. . q math. paris hist . p. . to . daniel , p. . . see holinsse , graft . speed. matth. west . anno . r page . . daniel , p. . ſ page . . t an. . p. . u mat. par. p. . . speed , p . dan. p. . x w●lsing . hist . angl. p. to . ypodigma neustr . an. . dan. holi●sh . graf . speed , fab stow and others in his life : fox acts and monuments , edw. ult vol. . p. . . y f. . . z walsirg . holinsh . fab. graf . stow , speed , daniel in his life . b dy●●● . . pl. 〈◊〉 . ● . . stamford . f. . nota. c walsing hist . a●gl p. . see holinsh . speed. trussell in ri●● . ● and cambdens bri●●d , of the british islands , p. ● . c walsia . hist . angl p. . e walsing . hist . ang. p. , to . polyc. fab. speed , gra●t . hoti● . howes , trassel . in . & r. . r ●● . . ● . * nota. f see walsingh , hol●sh . graft . speed , sto● , tussell , in . r & r c. : ● . but especially ca. will manifest the unjustnesse of this unlawful packed conventicle if i may so call it . * see albaricus gentiles de jure be●li lib. cap. . . . . g grofton , p. . . hall. . & . h . f. . . holinshead , stow , speed , fabian . h hall , grift● fabian , caxton , holinshed stow , speed , anno . . & . r . i grafton , p. . hal. . r. . f. . . see helished , stew , speed , & barons henry . i speeds hist . p. . to ● . . . grimston . hist . of the netherlands , l. to . p. . . &c. and imperiall hist . p. . to . k see the acts of pacification and oblivion in both those kingdomes . l an exact collection of all remonstrances , &c. p. . . m alber. gentil . de jure belli , li. . ca. . . n gratian causa . qu . . . and the canonists in their glesses on that text. summa angelica & rosel . til ecl anto. cortes . reper . in abatem tit . bellum ; iacob . spi●lg & . calvin . lexi . iurid . tit. bel. mar● lauden de e●●l . tract . alber. gent. de jure bell . petrinus belli de re milita . & b●l●o trast . de iure b●lli b●lg . hugae , ● . hugo grot. de iu●e belli et pa●is . a cle. . de sent. b bal . cons . . & s. cons . c clar : §. hemicidium . d bal. ad . d. l. . loc . ios . decl. l. ut vim e ap. mitr . f phil. de principe . g clra. §. bomicidium . h l . de iust . l. ad le . aq. ceph . cors . i cic. . iuci. . fa. . k c. . de se exc . c. de homicid . l ammia m cic. pro milo , n aug . con fav . o jason . l. . l. de in re . p con. reg . peccatum . p. . §. . q bed●● de rep. . r livie l. . * costr . l. . de iust . s pater . l. . t liu. . n veget. l. . x hist . l. . y them. . ad arislog . * dio. l. . z terent. . eunu. . a philo. de spe . leg. b pers . § at . . ovid. . de art. horat. ad loll. ep. . c c. lib. . tit. . l ul . l. tit. . l. . & c. t. de sica . l. . d bald. . cons . jas . l. . de iust . e bal. . cons . . . . alex. . . cla. §. homicidium , zas . l. ut vim . f dec. cons . . g p. l. . . quod met . can . h de damn . inf . l. . loc . i gell. l. . c. . k cic. pro tu . quict . l. . c. l thucid. l. . m zonarus . n pausanias , ● . . o hero lib. . p xenop . . graec. q liv. lib. . r thut . lib. . s salu. frag : t dion lib. . u bod. . de rep . ult . x p syr● y jou . lib. . z ari. . pol. a hier. epi. . b bal. . cons . . . . c dion l. . * ovid. . fast . posse u●cere sat est ; quodque p●● testalios perdere , perde . prior . d plut. pomp. e bal. . cors . . . f apul. de m●nd l polit . ep. ● . guic. lib. . g ans . edeg . h polyb. lib. . i li● . l. . k gellius l. . . l dion . l. . * l. . d. v. . n jou . l. . a l . de ju . & ju . b cic. . de si . c plut. de vi. alext d niceph. gr . li. . e sen. ep . . f gel. lib . g hor. ad . ep . . h sen. ult . ben . i lact. de ira , dei. c. . k phi. lose l c. apol m act . m arist . de mu. n cic. . de offic laet. o aug . de civ . p ambet . de oft . . q bal c de pri . do . r lact. instit . . ſ ci. c. . alt : . t arist . . pol. & psal . . . * gal. . & . petr . . x hier. ep. . y claud. . cons he. z rom. cons . . a dec. cons . not l. . l. . de just . b plat. . de leg . c bal. . cons . d sen. . . de ira. e xiphil . f cic. . fa. . g procop. . pers . h cicer. pro quin. i iust . ge. an . . k l. . de ex l lib. . de he . vel . ac . ve . m castr . l. . de just . al. . . . clar. f. q & homicidium : de cons . . n lib. . de app . ias . l . de iu. dec. cons . ceph . cuia . . obs . . o l. . dene . ge . . segq . p l . qui s . ma ad li per. pla . de leg . q ias . d. l. . eug. cons . . r bal. l. ul . c. de ju . de imp . ſ alc. l. cons . . mol. ad dec. l. . de reg . t bal. . cons . . l. . c. de ser . fug . u eccle. . x bal. l. . de of . pr. vi . y nic. cal. . his . . z cic. . deoff. a bal l. . . c. de op . le . b guic. lib. . d ambr. de oft . . c. . . q . e dlon sol . de legis . f l. . qui ex ca. in po . ea . g anb. de off . h liv. . . i ●● de repub. ult . k plut. apoph . l iov . l. . m oros . l. . c. . n procop. . pers . & call. l. . c. . alcd. . §. sacra . de v. o. p cic. pro planc . x decia . cons . . y levit. . z l. . ubi gl . de l. aq : a ibo . l. . b eccl. . c c. de seaexe . eug con . a lib. . de offi. . b euri. hip. c thuc. l. . d . de benes . e ceph . . con. regn. pecca . par . p. . bod. l. . de rep. c. . & l. . c ult . cic . de off. g bal. lib. . c. de iust . & subst . h sen. ult . de benef. i eph. . . caesar . 〈◊〉 de si c. ● k plu. pyrrh . l 〈◊〉 cons . . ceph . bal l. de ser . fug . m alex. . cons . . ceph . . n ias l. de iurisd . cic. pro com. ceph . o l. . de re iu l. . c. de ●os . te . p leo-nou . q l. . bal l. . c. de ser . cor. r plut. quo nutr . li. hiere . ep . . ſ alex l. . sol. mu. t cels . l. . de iust . u cels . . c. hypp . deloc . in hom . x cic. prosy y l. . de holi . ex . z l. . de leg. a nat. ad alex cons . . bal l. . c. de pa. in m. . c heb. apoph . c . g plu. apoph . d hes . . op . op . e faer . . c h l. . de con . em . com. pii . . li. . f alc. emb. . plut. euth . h l. . de con . em . i com. pij . . li. . k . de da. inf . alex. . . l l. . de aq . pl. l. si se . ui . bal. . cons . . m arist . . pol. bal. . cons . . o bal. q. cons . . p lyp. notes for div a -e a master goodwine his anti-cavallar . and bone for a bishop . master burrought his lord of hosts . the severall answers & replies to doctor ferne. the honest broker , scripture & reason , pleading for defensive armes ( the best and acutest of this kind ) with many others . . b num. . c see an exact collection of of al remon . strances , &c. d the resolving of conscience . the necessity of christian subjection , &c. a revindication . the grand rebellion , &c . d see gratian caus . . q. . c see fox acts & monum . french book of mattyrs , with others . pag. . . &c. argument ● g antiq. iud. lib. . cap. . ipse prophetae cum minatus vim esset , ut ni sponte sua faciat , vi coactum eo pertrahat . &c. h matth. . mar. . luc. . iohn . i luc. . . . k iohn . . . l math. . . m acts . . cap. . . . luk. . . . . isay . * see doct. fernes resolving of conscience . an appeale to thy conscience , with others who muchrely on this ill foundation . . . o 〈◊〉 luc. o●●inder . ench●nd contr c. . & . de magistr . 〈◊〉 . p exod. . . &c. q sam. . to . r king. . s mat. . . . . t tim. . . u zeph . . esay . . x cor. . . y iob . . z psal . . . psal . . . a john . . john . b la● . . to . alfonsià carthagena regum , hisp . acaphel . c. . c iohn . . c. . . c. . . d gratian. caus . . qu. . e sum theolog. pars. qu. . m. . ofiander e●● ibid. c. . 〈…〉 f gratian caus . qu. . les flours desvies des sanctes part . . p. . g sam. . . . to . . h ro●● . . . . i dr. fernes resolving of conscience ; an appeale to thy conscience . . . . * rom. . . . . k see doctor ferne ; appeale to thy conscience ; the grand rebellion ; the necessity of christian subjection , and others . . . . . . . . . . . * sam. . to . c. . . to . . . . . . * chron. . . zech. . . . . o mac. , . to . p enchirid. controvers . c. . de magistrat . polit. q epist . l. . ep. . donar● r de ciu. dei. l. . c. . s o siander ; enchrid . cont c. . de polit . magist-au . p. . abber . gentillū de iure bellit . l. . c. . hugo grotius , de iure belli l. . c. §. . * josephas antiq. judae l. . c. , p. . s philip. de melanct , chr. l. . d r beards theatre of gods iudgement l. . c. . p. . t num. . rom. . . to . pet. . . . . u esay . . . to . ezech. . . . . zech. . . . ● king. . king. . . * estates upon credit , : sect. . . part. . p. . to . . a part. . p. . b de princip . l. . . . . c praefat , ad ruh . de collationibus , p. . f gen. . . . c. . . . ps . . . . ps . . . ps . . . esay . . esay . . . iosh . . . c. . . heb . . . d de iure belli . l. . c. , . l. c. , , . e de iure belli & pacis l. . c. . , , . g grotius de iure belli l. . c. . sect. . . * caus . . quest . . suri . concil . tom. p. . b cajetan . ● . ●ae . qu. . ar . . ambrose , offic. l. . c. summa : angelica , rosella & sylvester , tit. bellum , and the clossers on gratian. causa . . qu. . u lev. . . mat. . . rom . . c. . . cor. . . phil. . . tim. . x dist . . qu. . to . y de jure bell. l. . c. . . . z common-weale . l. . c. . l. . c. . sect. . l. . c. . sect. . . . c caus . . qu. . . d a . ae . qu. ● art . . & qu. . ar . . dub . . e l. . disp . . art . . l. qu. . art . . f lib. . c. . du . . g l. . contr illust . . h p. . i n . . ae . qu. art . 〈◊〉 k verbo bellum , par . 〈◊〉 n. . & p. . & homicidium . . q. . l ad l. ut vim . di de just . & iure . m in rep . l. . & unde vi . n l. . c. . n. . o de iure bel. l. . c. . . p de jure bel. l. . c. 〈◊〉 q . ar. . . q . card. qu. . li . petr. nau. l. . ca . n. . grotius . de iure belli . l. . c. . sect. . r see the relation of brainford . object . . u dr. ferne sect. . p. ● . answ . object . . * an appeale to thy conscience . p. . . . answ . object . . p an appeale to thy conscience . p. . answ . object . . q appeale to thy conscience . p. . answ . r sam. . . esay . . c. . . c. . . chron. . . s king. c. . & . chr. c . & . & . neh. . . t sam. c. . & . & . u in the bookes of kings , chronicles , ieremiah , and daniel . * see cassanaeus . catal. gloriae mundi , pars . consid . . sect . . p. . . x de fontif . rom. l. . y sam. . . &c. z chro. . . . . . a king . . . b king. . . . . object . . c an appeal to thy conscience , p. . c. answer of the vindication of ps . . , and the revindication printed at cambridge , . answ . d sam. . & . & . see chron. . . e see zeph. . . gen. . . iob . . c. . . c. . c. . . c. . . gen. . . . ier. . . ioh. . . f matth. . . . c. . mar. . . luk. . , , g the vindication and revindication of psal . . , h gratian. causa . . qu. , , , . where many fathers are cited , to this purpose . i exod. . . c. . , . levit. . . . king. . . k eccles. . c. . . ezec● . . , . ich. . . l psal . . , . num. . ● , , . m iosh . . . n iosh . . , , , , . o iosh . . . c. . & . . to . p iudg , , , to . q iudg , , to ● r sam. , , . s isay , , * chro. . t king. , , . u king , 〈◊〉 . x chr. . . , . y ki. ● , , z chron , , , ● . a king , . b see m. seldens titles of honour l. 〈◊〉 , s●ct , , bodin communwal . v. , l. , c. . ioseph de bello indaico , l. . c . . c commonw . l. , c . d de iure belli , l. . c. , sect . . . e in their titles and cont . ovdrsies de immunitate cleri●erum , bishop latimers ●ermon at stamford , f. , b. f keilwayes resorts , f. . g see par . r. p. . & fox act & monuments . h king. , , . i see claudius e●sencaeus dig. s . in . p●o● . ●pist . ad tim. d. c. rismatis usu p. , &c. k espencaeus ibid. see homas it aldensis , bellarmine and others , de sacramento extremae u●ctiours , and all schoolmen and canonists , de sacrame , torum numero & extrunct . l cat. log gloriae mu●di , par . . consid . . p. . alber. de re● super g. of rubr. f. d●sta . , ho. m cassanaens ibid. & consid . . n cook . ●eport . calvins cas●c f. . philoch . arch. de somnio ver 〈◊〉 , c. . object . s. an●sw . o sam. . , . . p sam. . , to q ● king , . 〈◊〉 , . r king . . . king . . to . s sa. , , . c. . , , . t sam. , . c. . . c. , chro. . v psal . . psal . . . y sam. . , , . z sam. . . . a sect. , p. . sect , b sect , , p. ● . c . sam. c. . . d . sam. , ● . to e sam. . sam. . , . f sect. . p. . object . . g dr fern , resolving of conscience , sect. . p. . and others . answer . b exod. . i psa . . i. and other psal . k chron. . . king. . l chron. . . to . m chron. , , . n mat. . . o iam. . , , . p psal . . * match . . . object . . q dr ferne , sect. , . an app●al to thy conscience . answ . . . . * antique , iud. l. . c. . . q explanat . artit . . operum , tom. . s third part of the true difference between christion subjection , &c p. . . t sam. . u chron. . x kin. . y ier. . z king. . . to . a king. . chr. . evasion , reply . b deut. . thorowout . c. . . to . c kin. ● . to . . , . d r kings . , to , . e chron. , , . c , to . king. . , , . c , . f king. . * sam. . . , . sam. . , , , , , psa . . , , , o chro. . , , . kin. . , , , . , . sam. . , , , , c. . . comfared with deut. . to the end . g king . c , . . . c. to . c. to the end of , c. . king. c. . to the end of . . chro. . . to the end of c. . object . h dr ferne , sect. . p , , ande sewhere . the netessitie of christian sub●ection , oxford , . appeal to thy conscience , . i he lords anointed , oxford , with others . answ . i sixsold comment , on rom. . quest . . p. . k antiqu. iud. l. . c. . . * rom. , , * o slander . enchir contr . cap. ● . de magist . polit. m isay . , . c. . . sa. . . psa . . , , . n paraus , willet , so●o , and others . o pet. . . p lib. . c. . f. . q fleta , l. . 〈◊〉 . . r isay . . ro . king. . , & . psal . . . to . psa . . . psa . . . . . psal . . . to . s psal . . . io. . prov . . mich. . . c. . . ● . . t rom. . . . tim. . iohn . . rev. . u see suetonius , eutropius , zonaras , grimston and others in their lives . x see seneca de clem. l. . hosea . . y lucan . d. bello civili . l. . p. . z see fox acts and monuments throughout . a apolog. c. . and seneca devita beaia , c. . quest . . a doctor ferne , appeale to thy conscience ; the necessity of subjection . c alci . l. . de v. s . l. . & de p●●● . d l. . de don. l. . quae res , p. . da. ob . non . pos . l. . qui mo piso l. . pro. empt. f common-weale , l. . c. . p. . g sucionius , zona●as , grimston , eutropius , sab●llicus , op●neerus , and others in his life . h marius salamonius de principatu , l. . p. . to . i commonweale l. c. . k generall history of france , p. . object . l ad scapulam , lib. p. . objected by , the necessity of subjection , and others . answ . m rhenani annot. ibid. quest . . n see mich. . . to . isay . , . zeph. , . ezech. . , . o in rom. . col . willet . on rom. . quest . . p. . p sect. . q grimston , suetenius , eutropius , zonaras , volaterranus , speed and others in his life . r as he doth phil. . . act. . v. , , . c. . . c. . . see matth . . ● . luk. . . c. . . acts . . c. . . quest . . s doctor ferne , sect. . appeale to the conscience , p. . ● . the necessitie of subjection . christus dei , p. . . with others . answ . t gen. . . . . . jer. . , . psal . . , . u gen. . . exod. . . ephes . . , . . c. . . . col. . . to . c. . , . tim. . , . pet. . . c. . , , . y josepbus antiq. jud. l. . c. . carolus sigonius de repub . hecraeorum . l. . c. . z aristot . polyt . l. . & . polib . hist . l. . just . in hist . l. . cassanaeus catalog . gloriae mundi pars , . consid . . philochius archilacus de somnio viridarii , c. . fortescue c. . . . mr. seldens titles of honour , part . . c. , , , . a gen. . sam. . . seldens titles of honour , part . c. . . see the appendix . b procop. vand. l. . c ammon . l. . c. . l. . c. . hugo grotius de jure belli . l. . c. . c. . . e see part . p. to . edi●● . . f bracton l. . c. . fleta l. . c. . . see here , p. . & part . p. . g psal . . deut. . . isa . . . c. . . cor. . ephes . . . h tim. . . . rom. . . c. . . deut. . . i deut. . . , . sam. . . sam. . . k sam. . , . king . chro. , . prov. . l tim. . , . pet . , . rom. . to . t it . . object . answ . m chro. . . isa . . c. . . l see doctor willet , paraeus , and others on rom. . * apologeticus . m porphyr . n apud cassiodorwn . o apostol . constit . l. . c. . p mat. . . luk. . , q psal . . . to . psal . . , , . psal . . , . o psa . . psal . , . act. . . to . heb. . . p rom. . . acts . pet . . deut. ● . iob . ● , . chron , . . gal. . . ephes . col. . . q quest . on rom. . p. . see cassanaeus , catalogus gloriae mundi , pars . consid . . to . * archbishop laud and neel , in the high commission and starchamber . * foxius de rege , &c. p. . grotius de iure belli , l. . c. . n. . s explan . artic . . t de iure reg. apud scotos . v de rege & regis instit . l . c. . to . x arist polit. l. . & . polyb. hist l. . gen. haest . of france , spain , hungary , bohemia , england . grotius de iure belli , l. . c. . n. covaru . quaest. illustr . t. . , n. . . vasquries contr. illustr . . n. . . n. . n. . hookers eccles . pol : l. . see . . p. . , . y see scripture and reason pleaded for defensive arms , p , , . z seneca grotius de iure belli , l. . c. . sect . . p. . a eccles. . . b see paraeus , willet , tollet , soto , marloras , and others on this text. quest . . c iudg . . . cor. . . . cor. . . pet. . . philem . chron. . . . tim. . . exod. . , . . chron. , . psal . . . d cor. . . e see ( c ) beso . cor. . . . rom. . . . g levit. . . mat. . . psal . , . pro. . . ps . . . i see tostatus , caictan , cornelius a lapide . soto estrus , with most popish commentators , & dr. willet on this text , bellarm. de clericis , and the canonists , de exemptionibus , & immunit . clericorum . k bp. bilsons ●●ue difference &c. par . . p. . to . io. vvhites defence of the way c. . p. . to . m theod. eccles . hist l. . c. , . sozom. l . c. c. . n see math. vvestm . math. paris , hoved ●n polychron . fab. caxton , polidor , virigit , holmsh . slow , grafton , speed , daniel in the lives of hen . k. iohn and hen. . l pag. . ge. hist . of spain . p s●elm concil tom p. . 〈◊〉 aodw n. ca●al of ●ish . edit . . p. . q spelm concil . p. , . r spelm. con● p. , . godw. catal. of bish . p. . s spcim . concil . p. , . * goduin . cata. log . of bistr . p . u spelmanim . concil . tau . . p. , . goduin . edit . . p. . x mat. paris . h●st . p. , goduin . catalo . p. . . y antiqu. eccles . bul. p. . see walsingh . hist . angl p. . to . * theod. eccles . hist . . . c. , . object . . x dr. fern sect. . appeal to thy conscience . answ . reply . answ . * see heb. . . matth. . , . i. ii a see bodin common-weal l. . c. . l. . c. . hugo grotius de jure belli . l. . c. . sect . to . . & annotata . b part. . & in the appendix . iii. c bodin . common-weal l. . c. . l. . c. . d parl. p. . e par. . & the appendix . iiii. f livy hist . l. . see the appendix . p. . . g macrob. saturnal . l. . c. . seldens titles of honour . part . . c. . sect . . p. . h aug. de civ . dei. l. . i selden , ibid. plutarchi , iuli●● caesar , ●atropias . grimston in his life . v. k gal. . . . l ant. iud. l. . c. . l. c. . l c. . & de bel. iud. l. . m mat. . c. . . act . . . c. . . c. . . n ant. iud. l. . to . john . . o ios . de bel. iud. l. c. . . . . p see the appendix . * schickardus jus regium . heb. p. . cunaeus de rep. haeb. p. . objection ii. x bodin l. . c. bilson . part . . 〈◊〉 an appeal to thy conscience , and many others . answer . y . sam. . . isa . . ps . . isa . . . c. . . to . joh. . . to . z ezek. . zep mat. . . act. . . * pet. . a rom. . . . b john . c littleton . sect . . & coke ib. p. . d see alb gen. de iur. bel. l . c. . . . e antiq eccles . brit. p . object . . f appeal to thy conscience , and others . answ . g see kin. . . to . chro. . . ca. . . to . isai . . h see gildas de excidio . brit. matthew west . malmsbuzy , huntingdon , and all our chroniclers . h sam . , , . i king cap. . & . * joan. ca●not . lib. . polycrat . c. . & boch●llus decreta , eccles . gal. l. . t it . cap . p. . object . . k dr. ferne , sect. , . and others . answ . * seditiones non facit , sed tollit quieversorem patriae , publicaeque disciplinae co●●cerit , vindiciae . contr . tyran . p. . object . authority . answ . l see orosius , europius , paulus diaconus , grimston , and others . m see lucas osiander enchir contr. cap. . de magistratu . polit . . n gratian distinct . . & causa . qu. . aquinas . . . qu . artic. . silu. de bello , p . grotius de iur. belli . l. . c. . sect . . p. . nicetas chro. l. . o see walsengham . hist . angliae . p. . to . q roger de hoved. annal. pa●s post . p. . to . neubrigiasis , hist . l. . c . r antiqu : eccles . brit. p. . . . e. . . stamford , f. . * see io : maior in . scot. dist . . s an appeal to thy conscience . p. . grotius de iure belli , l. . c. . sect , . p. . authority . answ . . . . t the christians then stiled julian , idolianus , pisaeus , adonaeus , tauricremus , alter hieroboam , achab , pharao , &c. nazianzen , orat. . & . in iulianum . v exodus , samuel , kings , chronicles , numbers , iudges and the booke of psalmes every where almost . . * see zozimen . l. . c. . non gentiles solum , &c. x oratio . . in iuli anum p. . authority . y appeale to thy conscience , p. , . answ . . . nota. z ps . . authority . ad demetrianum liber . c lib. . d de civit. dei , lib. . answer . e mr. goodwin his anti-cavalierisme , scripture and reason for defensive armes . . . . f see socrat. schelast . theod. niceph. eccles . hist . fox acts and monuments . tertul. apolog. & ad martyres cyprian ad martyrer . g see fox acts and monuments , vol. . passim . h nazianz. orat. . 〈◊〉 〈◊〉 〈◊〉 s joseph . amiq. ju. lib. . cap. . lib. . c. . l. c. s. dion . hist . . strabo greg. lib. . mac. . dr. heylea history of the 〈◊〉 , p. . 〈◊〉 . t francisci à carthagena regum . hisp . aeeph . c. . u hugo grotius de jure belli lib. . cap. . annos ad sect . . p. . & sect . . p. . . x see grotius ibid. . y lucas ostand . enchir. contr cap. . . z de corona militis . a surius concil . tom . . p. . tom . . p. . tom . . p. . . b apologet. c octavius . d concil . constant . . can . . surius tom . . p. . e tertul. apolog. eusebius , socrates , scolasticus , hist . . f cor. . . john . . g doctor ferni resolving of conscience , an appeal to thy conscience , the necessitie of christian subiection , &c. all plead conscience . h see part . . . p. . . bochellus deeret . eccl. gal. l. . tit. . c. . . * eochellus decret . eccles . gall. l. . tit. . e. . p. , . nich. gilles annals of france . * de potest papae in principes christ . l. . g. . k de-lure belli , l. . c. . sect . , . p. . * calvin instit . l. . c. . sect , . & in dan . v. . . o siander in epit. centur. . & . sharpii sympho . p. . , . vindica contra cyrannos . * see the ungerding of the scottish armor , ● , . . . * andin . l. iud. , . l the true difference , &c. part . . p. , , . m slcidan . . . . bish . bilsons difference , &c. part . . p . chylrae●● chron. sax. l. . p. , &c. n gen. hist . of france p , the appendix , p. ▪ . . . o dinothus hist . gal. l. p. . p fox acts & mon vol. . edit . ult . p. , , , . q fox acts & mon vol. . ed. ult . p. . to . pontaut bohemiae piae , lib. . r grimstons imperiall hist . p. , . to , , to sparsim . ſ erman . mes teranus , hist . belgica , grimsi . gen. hist . of the netherlands . * grimstons gen. hist . of the netherlands , l. . p. , . * gi princepa tyrannus est , ●ure naturali re●quis omnibus mundi principilius incumbit illi populo trannidem patienti open & cuxilium ferre ; hominum egregiorum virorum bas est vera laus , decus & benor . vasquius contro ill. . ● . r mytronimus elanca aragenens . rerum comment . p. . ● 〈◊〉 p. . f quoted by grotius de iure belli . 〈◊〉 . annos ad sect . . p. . t part. . 〈◊〉 . p. . to . x isay . . y rom. . . . thess . . . . pet. . . a brief discourse touching the office of lord chancellor of england written by the learned john selden of the inner temple, esq., and dedicated by him to sir francis bacon ... ; transcribed from a true copy thereof, found amongst the collections of ... st. lo. kniveton ... ; together with a true catalogue of lord chancellors and keepers of the great seal of england, from the norman conquest untill this present year, , by william dugdale, esquire ... selden, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a brief discourse touching the office of lord chancellor of england written by the learned john selden of the inner temple, esq., and dedicated by him to sir francis bacon ... ; transcribed from a true copy thereof, found amongst the collections of ... st. lo. kniveton ... ; together with a true catalogue of lord chancellors and keepers of the great seal of england, from the norman conquest untill this present year, , by william dugdale, esquire ... selden, john, - . dugdale, william, sir, - . true catalogue of lord chancellors and keepers of the great seal of england. [ ], p. : port. printed for william lee ..., london : . on cover: dugdale's office of lord chancellor. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- lord chancellor's dept. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - aptara rekeyed and resubmitted - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion tumulus praenob : francisci baronis vervlam vicecomitisque s. alban in cancello ecclesiae s. mich ▪ apud . s. albanvm . franciscvs bacon baro de vervlams . albani vic : sev notioribvs titvlis scientiarvm lvmen . facvndiae lex sic sedebat qvi postqvam omnia natvralis sapientiae et civilis arcana evolvisset natvrae decretvm explevit composita solvantvr an dni . m.dc.xxvi . aetat . lxvi tanti viri mem ▪ thomas meavtvs svperstitis cvltor defvncti admirator h. p. a brief discourse touching the office of lord chancellor of england . written by the learned john selden of the inner temple , esq and dedicated by him to sir francis bacon knight , then lord keeper of the great seal of england . transcribed from a true copy thereof , found amongst the collections of that judicious antiquary s t. lo kniveton , late of grayes inne esq together with a true catalogue of lord chancellors , and keepers of the great seal of england , from the norman conquest , untill this present year , . by william dvgdale , esquire , norroy king of arms. london , printed for william lee at the turks head in fleet street , over against fetter-lane end , . to the right honourable sir francis bacon knight , lord keeper of the great seal of england . my lord , the times obvious discourse , whereby that all which truly loves nobless or learning congratulates your highly deserved honor , caused me collect these , taken out of no obvious monuments , touching the auncientest mention , conjunction , and division of those two great offices of state which your lordship really bears , though stiled but by the name of one : they are short , yet give large testimony of the former times . they conclude with an act made about . years since , of like tenor in substance with that later under queen eliz. which was as proper to your name , whence these also were the fitter to offer you : enough , other particulars touching both these great offices might have been added , but these were chosen for the usual question of the present , and thus are given ( not yet seen by any other eye ) as a taste of my humble observance . my lord , they are only yours , as their author would be , j. selden . a brief discourse touching the office of lord chancellor of england , &c. the name and office of lord chancellor of england under the saxons . the eldest mention in good authority of the name of chancellor of this kingdom , is in edward the elders time , about the year dccccxx . he made turketill abbot of croyland his chancellor . cancellarium suum eum constituit , ut quaecunque negotia temporalia vel spiritualia , regis judicium expectabant illius consilio & decreto ( nam tantae fidei et tam profundi ingenij tenebatur ) omnia tractarentur , & tractata irrefragabilem sententiam sortirentur . this abbot held the office under athelstan , edmund and edred succeeding kings . king ethelred afterwards divided the chancellorship between the abbots of ely , and st. augustine in canterbury , and of glastenbury , who were to exercise it by turn . the words of an old monk of ely are , statuit atque concessit quatenus ecclesia de ely extunc & semper in regis curiâ , cancellarii ageret dignitatem quod & aliis , sancti viz. augustini & glasconiae ecclesiis constituit , ut abbates istorum coenobiorum vicissim assignatis succedendo temporibus annum trifariè dividerint , cum sanctuarii & caeteris ornatibus altaris ministrando : so as the abbot of ely , or some monk by him appointed , exercised the office from candlemas four moneths yearly , and the other two of glastenbury and s t. augustines made up the twelve . but there occurres not any subscription in charters by that name , till the confessor , in his patent to the church of westminster ; after the king , bishops , abbots , and others , comes ego rembaldus cancellarius subscripsi . yet in the ancientest monument of a grant by any king extant here , i doubt not but the chancellor subscribed , though under another name . the first christian king of the saxons founded and endowed canterbury church , and in his charter amongst the earls , occurrs ego augemandus referendarius subscripsi ; where referendarius may well stand for cancellarius , the office of both ( as the words applyed to the court are used in the code , novells , and story of the declining empire ) fignifying an officer that received petitions and supplications to the king , and made out his writs and mandates , as a custos legis : and though there were divers referendarii , as . then . then more again , and so divers chancellors in the empire ; yet one especially here , exercising an office of the nature of these many , might well be stiled by either of the names . these are testimonies of that time without exception , though polydore begin the name and office at the norman conquest . ii. whether the keeping of a seal , were in the chancellorship under the saxons . for that principal part of the office , or that other office joyned with the chancellorship , the keeping of the seal ; if the common opinion were cleer , that under the saxon state no seals were here used , then were it vain to think of it as of that time . but there is yet remaining an old saxon charter of king edgar , beginning , a orthodoxorum vigoris ecclesiastici monitu creberrime instruimur , &c. to the abbey of persore , wherein divers lands are given , and there remains in the parchment plain signes of three labells by the places cut for their being hanged on : and of the self-same charter a testimony also as ancient , that the seals were , one of king edgar , the second of s t. dunstan , and the third of alfer ducis merciorum . that testimony is in a letter from godfrie archdeacon of worcester to pope alexander iii. writing of that charter , and the authority of it : noverit , saith he , sanctitas vestra , verum esse , quod conscripti hujus scriptum originale in virtute sanctae trinitatis sigilla tria , trium personarum autenticarum , ad veritatem , triplici confirmatione commendat ; est autem sigillum primum illustris regis edgari ; secundum sancti dunstani cantuariensis archiepiscopi ; tertium alferi ducis merciorum ; sicut ex diligenti literarum impressarum inspectione evidenter accepi . and it 's reported by those which have searched the records of s t. denys church in france , there remain two charters , the one of one offa , the other of one edgar , with seals annext ; the one of which i have seen cast off in lead , and is about the breadth of a shilling thick , and having a face on the one side . likewise amongst the chartae antiquae , divers being reckoned cum sigillo , others sine sigillo ; one is cum sigillo of king cnout , neither is there any colour of doubt but that the confessor had his seal , for the print yet remains in part to be seen . but notwithstanding these singular examples of kings sealing in the saxons times , it 's most certain it was not a thing common then ; neither could any in the chancellorship be denominated from keeping the seal , nor in any other office. curiosity in some particular occasion swayed more in it , than any custom ; although we admit those before mentioned for true , which may well be doubted , in regard of the frequent fraud and ignorance in committing it , which in the elder times possess'd the church-men . but for the confessor's seal , that was without scruple certain , and thence may we confidently derive the great seal of england . iii. testimonies of the chancellorship and keepership joyned , in times neer after the norman invasion . as in the monuments of the confessor rembald is named chancellor ; so under the first william , maurice bishop of london , and in the succeeding times others . old stories of the monks sufficiently mention them . but little appears of the office till the time of h. . under whom , one writing the life of thomas beckett that was lord chancellor , hath this most ancient testimony of it , and of keeping the seal also ; cancellarii dignitas est , ut secundus à rege in regno habeatur ; ut altera parte sigilla regii , quod & ad ejus pertinet custodiam , propria signet mandata , ut capella regia in illius sit dispositione et cura , ut vacantes archiepiscopatus , episcopatus , abbatias & baronias cadentes in manum regis ipse suscipiat & conservet ; ut omnibus regis assit consiliis , etiam non vocatus , accedat ; ut omnia sigilliferi clerici regii sua manu signentur : item ut suffragantibus , ex dei gratia vitae meritis , nòn moriatur , nisi archiepiscopus vel episcopus si voluerit : inde est quod cancellaria non emenda est . and another of the same time , cancellarius sicut in curia , sic & ad scaccarium magnus est ; adeò ut sine ipsius consensu vel consilio nihil magnum fiat vel fieri debeat : verum hoc habet officium dum residet ad scaccarium : ad ipsum pertinet custodia sigilli regii , quod est in thesauro ; sed indè nòn recedit nisi cum praecepto justiciarii , ( that is chief justice of england that was a viceroy ) ab inferiore ad superius scaccarium , à thesaurario vel camerario defertur ad explenda solum negotia scaccarii ; quibus peractis in loculum mittitur , & loculus à cancellario consignatur , & sic thesaurario traditur custodiendus . item cùm necesse fuerit , signatus sub omnium oculis cancellario offertur , nunquam ab ipso vel ab alio alias offerendus . item ad ipsum pertinet rotuli , qui est de cancellaria , custodia per suppositam personam . another about the time of edw. . officium cancellariae viro provido & discreto ut episcopo vel clerico magnae dignitatis debet committi , simul cum curâ majoris sigilli regni , cujus substituti sunt cancellarii omnes in anglia , hibernia , wallia & scotia . omnesque sigilli regii custodes praeter custodem sigilli privati . iv. of the division and conjunction of lord chancellor and lord keeper , till an old act made that they should be one. but for that of cancellaria emenda nòn est , an example not long after was , not only in truth to the contrary , but entred also in publique records ; for walter de gray of the family of the greyes of rotherfeld in oxfordshire , in th of king john , dat. domino regi quinque millia marcarum pro habendâ cancellariâ domini regis totâ vitâ suâ ; & pro habendâ inde charta domini regis . so are the words of the roll , and the dayes of payment are set down also ; and in the rolls of the same year occurrs , hic recepit w. gray cancellaria . yet had he not alwayes the custody of the seal , for in the charter roll of that year after the taking his chancellorship there is but one patent or charter dated by him , as the fashion then was , with dat. per manum w. de g. cancellarii nostri , or the like . those that both follow and precede , are dat. per manum hugonis de welles archidiaconi wellensis , who , it seems , kept the seal : and therefore he is expresly called the king's chancellor in some monks that writ of that time , as others are for the same cause : neither was it ever heard of them to have the chancellorship granted , yet the seal still to remain in another hand . for also while this w. de gray was chancellor , richard de marisco whom matthew paris calls chancellor too , and others misreckon him for one had the keeping of the seal , the roll is nono die octobris anno regni domini regis . liberavit magister richardus de marisco archidiaconus richmond . & northumbr . domino regi sigillum apud ospring ; and then on the . of decemb. following , apud windlesores liberatum fuit sigillum domino r. de nevill , deferendum sub domino p. wintoniensi episcopo , that was peter de roches or de rupibus chief justice of england . but this here out of the infallible testimony of records touching w. de gray , differs not a little in time from the relation of the monk , notwithstanding the seal thus committed to ralf de nevill who had it also under h. . in the beginning of his raign , totius regni ordinante consensu & consilio ; yet the patent and other charters and close letters of the time , are , for the most part , per rectorem regni , or teste p. wintoniensi episcopo , or t. h. de burgo chief justice of england under h. . per eundem ; or per p. wintoniensem episcopum , or the like . and yet also in rolls of that time , where nevill never at all makes the teste , or hath his name added , mention is of him for other uses as belonging to the office of chancellorship , as the delivery of the counterbriefs to him and fines , &c. mittend ' in scaccarium , according to the use of that age . but although both records and story thus make r. de nevill lord keeper from king john unto h. . yet had not he any patent of either chancellorship or keepership till . h. . where both a patent of the keeping of the seal for life , either by himself or deputy , and another of the chancellorship of england toto tempore vitae suae , were made to him , both bearing the same date . yet after this also , through divers oppositions in state against the goodness and noble carriage of this ralf de nevill , the seal was after unjustly taken from him , and restored again as his former right . and in h. . the king would have had it from him , sed idem cancellarius ( saith the monk ) hoc facere renuit , videns impetum regis modestiae fines excedentem ; dixitque se nulla ratione hoc facere posse , cum illud communi consilio regni suscepisset . quapropter nec illud similiter sine communi assensu regni alicui resignaret : yet in h. . the king violently took it from him , and committed it to one godfrey a templar , and john of lexinton ; emolumentis tamen ( so sayes the story ) ad cancellarium spectantibus , episcopo quasi cancellario , redditis & assignatis . afterward one simon norman a lawyer had it : and from him it was taken , and committed to richard abbot of evesham , who kept it three years , and then resigned it in h. . the chancellor and keeper ( of right ) nevill was afterward reconciled to the king , and dyed h. . in the acts of parliament of which year , one is , that the keeper of the seal should be alwayes the chancellor , and that all things sealed otherwise should be voyd . the words are , si aliqua interveniente occasione dominus rex abstulerit sigillum suum à cancellario , quicquid fuerit interim sigillatum , irritum habeatur & inane , deinde cancellario fiat restitutio . and it appears otherwise that they alwayes took it unjustly done , if the chancellorship and keepership were not in one : by reason whereof , before that , in a charter of king john's yet extant in some hands , of the moderation of the fees of the seal , no person is spoken of but the chancellor and his under officers ; as if it could not have been but that who ever had the seal , the same should only bee chancellor . according to that the chancellorship and keepership were joyned in all the chancellors under henry the and edward the . most of which being made bishops , resigned their seal and office , although afterward under the succeeding kings sometimes the seal was committed to others hands upon some requiring occasions ; and some lord keepers were created in later times before sir nicholas bacon , in whose time that statute of eliz. was made . a true catalogue of the lord chancellors and keepers of the great seal of england , from the norman conquest , untill this present year . an. d. . will. conq. maurice ( afterwards bishop of london . ) will. malmsb. de cestis pontif. lib. . f. . b.   osmund ( afterwards bishop of salisbury ) godw. de praesul . p. . anno . w. conq. arfastus ( bishop of helmham ) pat. e. . p. . m. . per inspex .   baldric ; pat. e. . p. . m. . per inspex .   herman bishop of shireburne .   will. wilson ( chaplain to the king ) chron. rob. de monte.   will. giffard ( bishop of winchester ) cart. h. . m. . per inspex . will. rufus . robert bloet ( afterwards bishop of lincoln ) r. hoved. f. b. n. . henr. . will. giffard ( bishop of winchester ) text. roff. cap. .   roger ( afterwards bishop of salisbury ) w. malm. f. . a. l. .   geffrey ruffus ( afterwards bishop of durham ) h. hunt. f. b. .   randulph h. hunt. f. b. n. .   geffrey ( bishop of durham ) regist. eccl. elien . in bibl. cotton . f. a. steph. alexander bishop of lincoln , will. neubrigensis lib. . cap. .   roger pauper . ord. vit. p. c. d. anno . steph. philip , regist. eccl. elien . in bibl. cotton . f. a. anno . h. . thomas archdeacon of canterbury , r. hoved. b. n. . ( afterwards archbishop ) ro. hoved. a. n. . anno . h. . raphe de warnevill ( sacrist of roan , and treasurer of yorke ) matth. paris . in anno . anno . h. . geffrey , natural son to king henry the d , r. hoved. f. . n. . chancellor .   walter de bidun , lel. col . vol. . p. . anno . r. . will. de longcamp ( afterwards bishop of ely ) r. hoved. f. a. n. . anno . r. . eustace bishop of ely , r. hoved. f. a. n. . anno . johan . hubert archbishop of canterbury , r. hoved. f. a. n. . chancellor . anno . joh. hugh archdeacon of wells ( afterwards bishop of lincoln ) m. paris . in anne . chancellor . anno . joh. walter de gray , cart. antiq . bb. n. . ( afterwards bishop of worcester ) chancellor . anno . joh. richard de marisco , mat. westm. in eodem anno . chancellor . anno . joh. raphe de nevill , keeper of the seal under peter de roche bishop of winchester , pat. joh. p. . m. . anno . h. . richard de marisco ( bishop of durham ) cl. h. . m. . chancellor . anno . raphe nevill ( bishop of chichester ) febr. cart. . h. . m. . chancellor . anno . the same kaphe constituted keeper of the seal junii , cart. h. . m. . anno . h. . geffrey a templar , and john de lexinton , made keepers of the seal , m. paris . in eodem anno . anno . h. . simon norman , from whom the seal was taken , and delivered to richard abbot of evesham , m. paris . in eodem anno . anno h. . ranulph briton , mat. paris . in eodem anno , chancellor . anno . h. . mr. silvester , a clerk of the kings , executed the office of the chancellor , m. paris . in eodem anno .   john de lexinton had the custody of the seal , sept. rot. fin. h. . m. .   john mansell chancellor of the cathedral of st. paul in london , had the custody of the seal , to execute the office of chancellor , m. paris . in eodem an . & pat. h. . m. . anno . h. . the same john mansell provost of beverley had the custody of the seal untill the feast of st. mary this year , pat. h. . m. . anno . h. . peter de rievaulx , and mr. will. de kilkenny , had the custody of the seal , claus. h. . m. . anno . h. . p. chaceport , and john de lexinton had the custody of the seal , by reason that mr. w. ( de kilkenny ) was sick maii , rot. fin. h. . m. .   xxii . junii the queen had the custody thereof , the king then going into gascoign , pat. h. . m. anno . h. . mr. will. de kilkenny , the kings clerk , supplied the office of chancellor , m. paris . in eodem anno . anno . h. . h. de wengham clerk , had the custody of the seal , m. paris . in eodem anno . anno . h. . vi. maii , w. de merton had the custody of the seal , by reason that henry de wengham was sick , pat. h. . m. . anno . h. . mr. n. archdeacon of ely had the custody of the seal , m. westm. in eodem anno . anno . h. . walter de merton made chancellor without the advise of the barons , m. westm. in eodem anno , & pat. h. . m , & . anno . h. . mr. nicholas archdeacon of ely had the custody of the seal , whilst the king was beyond sea , pat. h. . m. . anno . h. . mr. john chishull archdeacon of london had the custody of the seal , claus. h. . m. .   on wednesday next after the feast of st. peter in cathedra the seal was delivered to mr. thomas de cantilupe , claus. h. . m. . who was constituted chancellor martii , pat. h. . m. .   w. bishop of bathe and wells made chancellor aug. liberate de anno h. . m. . anno . h. . mr. godfrey giffard ( afterwards bishop of worcester ) had the custody of the seal , claus. . h. . m. . & m. . anno . h. . john chishull dean of london had the custody of the seal on tuesday next after the feast of the apostles simon and jude , pat. h. . m. .   richard de middilton made keeper of the seal on monday next before the feast of st. peter ad vincula , pat. h. . m. . anno . h. . john de kirkeby made keeper of the seal ( upon the death of rich. de middilton chancellor ) which john did thereupon associate to himself in that trust p. de winton keeper of the kings wardrobe , pat. h. . m. . anno . e. . walter de merton , clause edw. . m. .   robert burnell archdeacon of yorke , ( afterwards bishop of bathe and wells ) made keeper of the seal upon st. matthew the apostles day , pat. edw. . m. . anno . e. . this robert going from aberconwey to acton-burnell , delivered the seal unto hugh de kendall and walter de odyham , pat. e. . m. . anno . e. . he attended the king into france , being his chancellor , and took the great seal with him , on munday next preceding the feast of st. dunstan , pat. . e. . m. . anno . e. . on friday next preceding the assumption of our lady he return'd with the king out of france , and the seal , pat. e. . m. . anno . e. . walter de langton keeper of the kings wardrobe , made keeper of the seal at berwick , on saturday preceding the feast of the apostles simon and jude , pat. e. . m. . anno . e. . john de langton made chancellor , pat. e. . m. . afterwards elect bishop of ely , pat. e. . m. . anno . e. . mr. will. de grenefeld dean of chichester , made chancellor on sunday being the morrow after the feast of st. michael , claus. e. . m. . anno . e. . the great seal delivered unto him on tuesday before the feast of st. lucie the virgin , claus. . e. . in dorso m. . anno . e. . will. de hamelton , dean of yorke , made chancellor , had the great seal delivered unto him jan. pat. e. . p. . m. . anno . e. . rauf de baudale bishop of london made chancellor , and keeper of the seal , rot. fin. e. . m. . anno . e. . john de langton bishop of chichester made chancellor , &c. rot. fin. e. . m. . anno . e. . walt. ( reginald ) bishop of worcester had the custody of the seal iulii , claus. e. m. . in dorso . anno . e. . he was the kings chancellor , claus. e. . in dorso . anno . e. . john de sandale ( afterwards bishop of winchester ) the king's chancellor , pat. e. . p. . m. . anno . e. . john hothum bishop of ely , pat. e. . p. . m. . anno . e. . john ( salmon ) bishop of norwich , named chancellor by the king in full parliament , received the seal , claus. . e. . in dorso , m. . anno . e. . will. de ayrmin ( mr. of the rolls in chancery ) had the custody of the great seal , john bishop of norwich being then sick , claus. e. . m. ... anno . e. . robert de baldok archdeacon of middlesex made chancellor aug. claus. e. . m. ... anno . e. . john de hothum bishop of ely had the custody of the great seal jan. and to do therewith what belong'd to the chancellor , claus. edw. . p. . in dorso m. . anno . e. . henry de clyff mr. of the rolls in chancery , and will. de herlaston clerk of the chancery , made keepers of the seal martii , claus. e. . in dorso . m. .   henry de burghersh chancellor of england , pat. e. . p. . m. . to whom the king committed the custody of the great seal maii , claus. e. . in dorso m. . anno . e. . john de stratford bishop of winchester made keeper of the great seal nov. claus. e. . in dorso m. . anno . e. . mr. robert de stratford , brother to john bishop of winchester , had the custody of the seal , whilst his brother was imployed upon the kings business junii , claus. e. . in dorso m. . anno . e. . will. archbishop of york keeper of the great seal , by the kings command delivered it to henry de ednestowe , thomas de baunburgh , and john de st. paul , upon thursday the epiphany of our lord , claus. e. . p. . m. . in dorso . anno . e. . john de stratford elect archbishop of canterbury confirmed chancellor the th . of apr. delivered the great seal unto mr. rob. de stratford his brother to be kept , claus. e. . m. . in dorso .   richard bishop of durham being made chancellor had the great seal delivered to him sept. ibid. in dors . m. . anno . e. . john archbishop of canterbury made chancellor had the great seal delivered to him junii , claus. edw. . m. . anno . e. . mr. rob. de stratford archdeacon of canterbury , and elect bishop of chichester , made chancellor and keeper of the great seal . oct. pat. e. . p. . m. . anno . e. . mr. richard de bynteworth elect bishop of london made chancellor and keeper of the seal julii , cl. e. . p. . in dorso m. . anno . e. . upon the death of this richard the great seal was committed to the custody of john de st. paul master of the rolls in chancery ▪ mich. de wath and thomas de baunburgh dec. claus. e. . p. . in dorso m. . anno . e. . john de st. paul solely constituted keeper of the great seal febr. claus. e. . p. . m. . in dorso .   john archbishop of cant. made chancellor and keeper of the great seal apr. claus. e. . p. . m. . in dorso .   robert bishop of chichester the kings chancellor delivered up the great seal to the king upon thursday being the feast day of st. andrew the apostle , claus. . e. . p. . m. . anno . e. . sir robert burgchier knight being made chancellor on thursday next following st. lucie the virgin , had the great seal then delivered to him by the king , claus. e. . p. . in dorso m. . anno . e. . robert parnyng the kings chancellor had the great seal delivered to him by the king oct. cl. e. . p. . in dorso m. . anno . e. . robert de sadingtoa made chancellor had the great seal delivered to him upon michaelmasse day , claus. . e. . p. . m. . in dorso . anno . e. . mr. john de offord made chancellor , had the great seal delivered to him upon the of octob. pat. e. . p. . m. . anno . e. . john de thoresby had the great seal delivered to him julii , john de offord the kings chancellor then going beyond sea , claus. e. . p. . in dorso m. . anno . e. . john bishop of st. davids made chancellor , had the great seal delivered to him junii , claus. . e. . p. . in dorso m. . anno . e. . will ▪ de edington bishop of winchester made chancellor , had the great seal delivered to him febr. claus. e. . in dorso m. . anno . e. . simon de langham bishop of ely had the great seal deliver'd to him by the king febr. cl. . e. . in dorso m. . anno . e. . will ▪ de wickham bishop of winchester made chancellor sept. cart. . e. . anno . e. . sir robert de thorpe knight made chancellor martii , had the great seal then delivered to him by the king , claus. e. . in dorso m. . anno . e. . john knyvet made chancellor and keeper of the great seal , claus. e. . in dorso m. . anno . e. . adam de houghton bishop of st. davids made chancellor jan. on which day the great seal was delivered to him , claus. e. . in dorso . p. . m. . anno . r. . sir richard le scrope knight made chancellor , had the great seal delivered to him , pat. r. . p. . m. . anno . r. . simon de sudbury archbishop of canterbury made chancellor and keeper of the great seal on munday next after the conversion of st. paul , claus. r. . in dorso m. . anno . r. . will. de courtney bishop of london made chancellor on saturday being the feast of st. laurence , claus. . r. . in dorso m. . anno . r. . sir richard scrope knight made chancellor and keeper of the great seal on wednesday next after the feast of st. andrew the apostle , pat. r. . p. . m. . anno . r. . robert de braybroke bishop of london made chancellor , had the great seal delivered to him on saturday being the eve of st. matthew the apostle , claus. r. . p. . in dorso m. .   sir michael de la pole knight made chancellor , and keeper of the great seal martii , claus. r. . p. . in dorso m. . anno . r. . thomas de arundell bishop of ely made chancellor , and keeper of the great seal oct. claus. . r. . m. . anno . r. . will. de wickham bishop of winchester again made chancellor , had the great seal delivered unto him maii , pat. . r. . p. . m. . anno . r. . thomas de arundell archbishop of canterb. made chancellor sept. had the great seal delivered to him , pat. r. . p. . m. . anno . r. . edmund de stafford bishop of exeter made keeper of great seal nov. claus. r. . p. . in dorso m. . anno . h. . john de scarle master of the rolls in chancery made chancellor and keeper of the great seal nov. pat. . h. . p. . m. . anno . h. . edmund bishop of exeter made chancellor and keeper of the great seal martii , claus. h. . p. . in dorso m. . anno . h. . henry beaufort bishop of lincoln chancellor pat. h . p. . m. . anno . h. . thomas langley bishop of durham chancellor , godw. de praesul . anno . h. . thomas archbishop of canterb. made chancellor and keeper of the great seal jan. claus. . h. . in dorso m. . anno . h. . john wakering clerk , master of the rolls in chancery , had the custody of the great seal jan. claus. h. . in dorso m.   sir thomas beaufort knight made chancellor , had the great seal delivered to him jan. claus. h. . in dorso m. . anno . . h. . henry de beaufort bishop of winchester made chancellor and keeper of the great seal , claus. . h. . anno . h. . simon garnstede clerk , master of the rolls in chancery , had the custody of the great seal from . sept. untill the th . of oct. claus. h. . in dorso m. .   henry bishop of winchester had the great seal delivered to him octob. claus. h. . in dorso m. . anno . h. . thomas de langley bishop of durham had the great seal delivered to him by the king junii , claus. h. . in dorso m. . anno . h. . thomas bishop of durham made chancellor by the advice and consent of all the councell in parliament , pat. h. . p. . m. . anno . h. . henry beaufort bishop of winchester , made chancellor , had the great seal delivered to him julii , claus , . h. . in dorso m. . anno . h. . john kempe bishop of london made chancellor , &c. ... martii , claus. h. . in dorso , m. . anno . h. . john stafford bishop of bathe made chancellor &c. febr. claus. h. . in dorso m. . anno . h. . john hank clerk , master of the rolls in chancery , received from john stopyngton clerk on the behalf of the lord chancellor of england the great seal to use and exercise apr. claus. h. . in dorso m. . anno . h. . john archbishop of yorke , and cardinal , made chancellor jan. claus. h. . in dorso m. . anno . h. . richard earl of salisbury made chancellor apr. claus. h. . in dorso m. . anno . h. . thomas bourchier archbishop of canterbury made chancellor martii , claus. h. . in dorso m. . anno . will. wickham bishop of winchester made chancellor oct. claus. h. . m. . in dorso . anno . h. . george nevill bishop of exeter made chancellor julii , claus. h. . in dorso m. . anno . e. . robert stillington bishop of bathe and wells made chancellor junii , claus. e. . m. . in dorso . anno . e. . john alcock bishop of rochester made keeper of the great seal sept. claus. e. . m. . in dorso . anno . e. . laurence bishop of durham made chancellor &c. junii , claus. e. . m. . anno . e. . thomas rotheram bishop of lincoln made chancellor , godw. de praesul . anno . r. . john russell bishop of lincoln made chancellor nov. claus. r. . in dorso . anno . r. . thomas barow , master of the rolls , made keeper of the great seal aug. claus. r. . anno . h. . john alcock bishop of ely made chancellor upon munday martii , cl. . h. . in dorso . anno . h. . john morton archbishop of canterbury made chancellor aug. pat. . h. . p. . anno . h. . henry deane bishop of salisbury ( upon the death of john morton ) had the great seal delivered to him octob. claus. h. . in dorso . anno . h. . will. warham bishop of london , elect of canterb. had the great seal delivered to him aug. and was made chancellor jan. following . claus. h. . in dorso . anno . h. . thomas wolsey lord cardinal and archbishop of yorke , had the great seal delivered to him decembr . and was made chancellor , claus. h. . in dorso . anno . h. . sir thomas more knight made lord chancellor , had the great seal delivered to him on munday octob. claus. h. . in dorso . anno . h. . thomas audley had the great seal delivered unto him on munday maii , and then knighted , claus. h. . in dorso .   a new seal made and delivered to him upon the th . of sept. following , ibid.   he was made chancellor the th . of jan. ensuing , ibid. anno . h. . thomas lord wriothesley lord chancellor of england had the great seal delivered to him maii , claus. h. . p. . anno . e. . sir will. paulet knight , lord st. john of basing , had the great seal delivered to him junii , pat. e. . p. .   sir richard riche knight made chancellor of england nov. pat. e. . p . m. . anno . e. . thomas goodricke bishop of ely made chancellor of england jan. cl. e. . p. . anno . mar. steph. gardner bishop of winchester made chancellor of england sept. pat. m. p. . anno . m. nicholas heath archbishop of yorke made chancellor of england on wednesday jan. claus. & ph. & mar. in dorso part . anno . eliz. sir nicholas bacon knight , attorney of the court of wards , made keeper of the great seal decemb. annal. camd. & pat. eliz. p. . anno . eliz. thomas bromley , the queens sollicitor general , made chancellor of england , apr. claus. eliz. p. . in dorso . anno . eliz. sir christopher hatton knight made lord chancellor of england apr. claus. eliz. p. . in dorso . anno . eliz. sir john puckering knight , serjeant at law , had the great seal delivered to him maii , claus. . eliz. p. . in dorso . anno . eliz. sir thomas egerton knight , master of the rolls in chancery , had the great seal delivered to him maii , claus. eliz. p. . in dorso . anno . jac. sir thomas egerton knight , had the same great seal delivered to him by appointment of king james apr. claus. jac p. . in dorso .   upon the th . of june following that great seal was broke , and the new seal of king james delivered to him , ibid.   and on the th of july being advanced to the dignity of lord ellesmere , he was made lord chancellor of england , ibid. anno . jac. sir , francis bacon knight , the king's attorney general , had the great seal committed to his custody martii , claus. jac. in dorso p. . anno . jac. the same sir francis ( then lord verulam ) made lord chancellor of england jan. claus. jac. in dorso p. . anno . jac. henry vicount mandevill lord president of the councell , lodowike duke of richmund , william earl of pembroke , and sir julius caesar knight , master of the rolls , had the great seal committed to their custody in lent. anno . jac. john williams , doctor in divinity , and dean of westminster , ( afterwards bishop of lincoln ) had the great seal committed to his custody julii , claus. jac , p. . in dorso . anno . car. . sir thomas coventre knight , attorney general to the king , made keeper of the great seal nov. anno . car. . sir john finche knight , lord chief justice of the court of common pleas , had the great seal of england committed to his custody jan. anno . car. . sir edward littleton knight , lord chief justice of the court of common pleas , had the great seal of england committed to his custody jan. anno . car. . sir richard lane knight , lord chief baron of the exchequer , had the great seal of england commmitted to his custody aug. anno . . car. . sir edward hide knight , chancellor of the exchequer to king charles the first , had the great seal of england committed to his custody jan.   and was made lord chancellor of england at bruges in flanders jan. following . anno . car. . sir orlando bridgeman knight and baronet , lord chief justice of the court of common pleas , had the great seal of england committed to his custody aug. finis . notes, typically marginal, from the original text notes for div a -e temp. edw. senioris & sequentium regum . ingulphus . temp. ethelredi . temp. ethelberti . edgar . in the register of croyland it appears that the normans brought in the use of seals to charters . will. . cart. . joh. dorso . walt. degray cancellar . & alii missi ad othonem imp. nepotem regis johannis . in dorso sin . . joh. pat. joh. m. . carta regis w. de carrio de domo sua de carrio &c. teste will. de brewer apud westm. . maii. carta regis joh. facta mauricio de gant de manerio de 〈◊〉 ▪ teste or dat. per manum radulphi de nevill apud buttevill julii an . . pat. p. . m. . et ibid. m. . ric. de mariscis cancellarius . pat. . joh. m. . ● . de mariscis cancellar . apr. et ib. in dors . idem cancellarius missus rom●m . cart. . joh. rex dedit baldwino de guisne manerium de benefeld &c. dat. per manum magistri ric. de mariscis cancellarii nostri apud nareas maii. pat. . joh. p. . m . et fin . m . walt de gray cancellar . ib. m. . idem factus suit episc. wigor . pat. joh. m. . ric. de marisco cancellar . julii . cart. joh. m. . ric. de mariscis cancellarius . cart. h. . p. . m. . an. h. . the king granted to r. bishop of chichester the chancellorship for life , nov. and likewise to the same r. the same office , an. h. . julii . and by another charter of the same date the custody of the seal for life also , to exercise that keepership in person , or by an assignee . vide etiam cart. h. . pro eodem episcopo de eisdem officiis pro termino vitae suae . thursday, january . . resolved, that upon the whole matter of the report touching absent members, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) thursday, january . . resolved, that upon the whole matter of the report touching absent members, ... england and wales. parliament. sheet ([ ] p.) printed by john streater, and john macock, printers to the parliament, london : . [i.e. ] title from caption and first line of text. a resolution of parliament, "that the members who stand discharged from voting or sitting as members of this house in the years , , do stand duely discharged from sitting as members of this parliament." annotation on thomason copy: "jan: :". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no thursday, january . . resolved, that upon the whole matter of the report touching absent members, ... england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms thursday , january . . resolved , that upon the whole matter of the report touching absent members , the parliament doth adjudge and declare , that the members who stand discharged from voting or sitting as members of this house , in the years . . do stand duely discharged by iudgment of parliament , from sitting as members of this parliament ▪ during this parliament . and it is ordered , that writs do issue forth for electing new members in their places . ordered by the parliament , that this vote be forthwith printed and published . thomas st nicholas , clerk of the parliament . london , printed by john streater , and john macock , printers to the parliament , . a true and exact relation of the most remarkable passages, which have happened at warwicke and banbury since my lord of northamptons taking away the ordnance from banbury castle. sent in a letter from a gentleman of good worth, to his sonne in burchen-lane, london. which gentleman hath been in all the oppositions to the earle of northamptons proceedings. likewise, a declaration by the lords and commons in parliament, that all such persons upon any pretence whatsoever, that shall assist his majesty, with horse, arms, plate or money, are traytors to the king, parliament, and kingdom, and shall be brought to condigne punishment for the same. ordered by the lords and commons in parliament, that this declaration be forthwith printed and published. hen. elsynge, cler. parl. d. com. golbee, john. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a true and exact relation of the most remarkable passages, which have happened at warwicke and banbury since my lord of northamptons taking away the ordnance from banbury castle. sent in a letter from a gentleman of good worth, to his sonne in burchen-lane, london. which gentleman hath been in all the oppositions to the earle of northamptons proceedings. likewise, a declaration by the lords and commons in parliament, that all such persons upon any pretence whatsoever, that shall assist his majesty, with horse, arms, plate or money, are traytors to the king, parliament, and kingdom, and shall be brought to condigne punishment for the same. ordered by the lords and commons in parliament, that this declaration be forthwith printed and published. hen. elsynge, cler. parl. d. com. golbee, john. england and wales. parliament. , [ ] p. printed by t.p. and m.s. for john hancocke in burchen-lane, london : august the . . the relation signed: iohn golbee. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a true and exact relation of the most remarkable passages, which have happened at warwicke and banbury since my lord of northamptons taking golbee, john. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true and exact relation of the most remarkable passages , which have happened at warwicke and banbury since my lord of northamptons taking away the ordnance from banbury castle . sent in a letter from a gentleman of good worth , to his sonne in burchen-lane , london . which gentleman hath been in all the oppositions to the earle of northamptons proceedings . likewise , a declaration by the lords and commons in parliament , that all such persons upon any pretence whatsoever , that shall assist his majesty , with horse , arms , plate or money , are traytors to the king , parliament , and kingdom , and shall be brought to condigne punishment for the same . ordered by the lords and commons in parliament , that this declaration be forthwith printed and published . hen. elsynge , cler. parl. d. com. london : printed by t. p. and m. s. for john hancocke in bnrchen-lane , august the . . a credible relation . sonne , after my love remembred , these are to let you understand , that after my lord of northamptons bringing the ordnance from banbury castle , where coming to warwicke to besiege the castle and magazine there , where hee hath not onely received losse of some of his men , but hath lost by the bullet of a musket part of his lip , which hath affrighted him to oppose the castle any farther , and as this day he purposes to returne for banbury , hoping to speed as well as he did before ; but the countrey is fully resolved to crosse his expectation ; two dayes since he discharged a piece of ordnance against the castle , which the ordnance breaking , killed the cannoneere ; sir edw●●d peto debutie-lievtenant of the castle to gratifie his salutation , returned a piece of ordnance , and brake downe a pinnacle of the tower of saint maryes church , upon which the ordnance was planted : presently after this accident a butcher carrying a shoulder of mutton in his hand , going over the bridge , in the sight of the castle , held it up in derision , and cryed , here is meate for the round-heads in the castle : vvhereupon a musket was discharged out of the castle , and gave him thankes for his offer , with the depriving him of his life at the same instant ; which may be a warning to all other scandalous tongues . on thursday last they assaulted banbury againe with two hundred horse and foote , but through gods assistance they beate them off ; they looked for another onset on saturday last ; there is as yet no ayde come from london into these parts ; wee daily expect them ; wee stand continually upon our guard ; keeping a strong vvatch night and day ; and well disposed people with us are gone to banbury , resolving rather to die than to loose the armes of the towne to the cavaliers . now we have a commission to shoot , which before wee durst not ; for the cavaliers sweare they will possesse themselves of banbury castle againe , because they cannot get warwicke , but we hope so soone as the armie comes downe to deale well enough with them ; for behinde them from coventry , brimigam , and auston , we heare of . gathered together , who have taken a loade of ammunition from them , and sent it to coventry ; vvee hope for helpe to morrow ; they lie all up and downe the countrey , pillaging in the little townes ; they steale horse , cowes , sheepe , cloathes , and victualls , and all the armes they can finde out ; but if the armie come , wee hope to hem them about , though they have some great persons with them , as the lord compton , mr wilmote , mr walter pope , and mr chamberlaine , that ayde them with horse and ammunition : vvee expect helpe from northampton , for there are gathered together of the trained bands of the countrey and volunteers , about , or . they take a good course to traine them at northampton ; and we heare that there they have all shut up their shops , and stand upon their guard . the lord bring a happy end to these great differences , and unite the king and parliament , that we may not onely enjoy our lives and estates , but which is greater , our religion , lawes , and liberties , all which lie at the stake . thus till the next opportunitie , i rest , your loving father , iohn gols●●e . a declation of the lords and commons assembled in parliament . whereas the king , seduced by wicked counsell ; doth make war against his parliament and people ; and for the promoting of that warre , divers fo●ces both of horse and foot , have been levyed and are raised by severall persons , and his maiesties good subjects are most cruelly robbed , spoyled and slain . to the end that no man may be misled through ignorance , the lords and commons in parliament declare , that all such persons as shall , upon any pretence whatsoever , assist his maiestie in this war , with horse , arms , plate or money , are traytors to his maiestie , the parliament , and the kingdome , and shall be brought to condign punishment for so high an offence . ordered by the lords and commons in parliament , that this declaration be forthwith printed and published . hen. elsynge , cler. parl d. com. finis . treason arraigned, in answer to plain english; being a trayterous, and phanatique pamphlet, which was condemned by the counsel of state, suppressed by authority; and the printer declared against by proclamation. it is directed to the lord general monck, and the officers of his army, &c. l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) treason arraigned, in answer to plain english; being a trayterous, and phanatique pamphlet, which was condemned by the counsel of state, suppressed by authority; and the printer declared against by proclamation. it is directed to the lord general monck, and the officers of his army, &c. l'estrange, roger, sir, - . [ ], , - , - , [ ] p. [s.n.], london : printed in the year, . by sir roger l'estrange. annotation on thomason copy: "april ". reproduction of the original in the british library. eng england and wales. -- council of state -- early works to . treason -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no treason arraigned,: in answer to plain english; being a trayterous, and phanatique pamphlet, which was condemned by the counsel of state, s l'estrange, roger, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion treason arraigned , in answer to plain english ; being a trayterous , and phanatique pamphlet , which was condemned by the counsel of state , suppressed by authority ; and the printer declared against by proclamation . it is directed to the lord general monck , and the officers of his army , &c. london , printed in the year , . an advertisement to the reader . taking notice of a pestilent and seditious pamphlet ; entitled plain english , &c. which is grown too publique , notwithstanding the utmost care and prudence of the counsel of state , and the magistrates of the city , imployed to suppresse it ; i thought it my duty to unmasque the designe ; to prevent further mischiefs ; which might arise , from the mistake , either of the scope , or reasonings of it . i should rather have printed my reply , single ; and only quoted , what concerns my purpose , but for these reasons . first : that infamous paper , is already dispersed ; and the reprinting of it , with these remarques upon it , i hope , will not endanger the most partial or weak person , into whose hands it falls . next , i suppose it a more equal , and impartial way , to subject both at once ; as liable to to a more strict examination . the declaration ( which hee draws out at length ) is neither my concern , nor subject . the text , is all my businesse , and the extent of my design , is , honestly to serve my country . to his excellency the lord general monk , and the officers of the army under his commaud . my lord and gentlemen , it is written , the prudent shall keep silence in an evil time ; and 't is like , we also might hold our peace , but that we fear a knife is at the very throat , not only of our and your liberties ▪ but of our persons too . in this condition , we hope it will be no offence , if we cry out to you for help ; you that ( thr ugh gods goodness ) have helped us so often , and strenuously maintained the same cause with us , against the return of that family which pretends to the government of these nations . it is the publick interest and yours , that we hitherto fought for , and for which we now plead ; therefore we insist upon it with the greater confidence before you , because we are all equally concerned in the good or ill of your transactions : we cannot yet be perswaded , though our fears and jealousies are strong , and the grounds of them many , that you can so lull asleep your consciences , or forget the publick interest , and your own , as to be returning back with the multitude to egypt , or that you should with them be hankering after the leeks and onions of our old bondage . though it were possible you should forget , yet certainly god will not , all the injuries and oppressions done by that family to his church and people in these and other nations : though the inscription [ exit tyrannus ] which was fixed over the place where the statue of the late king formerly stood at the exchange , hath been blotted out by the rabble , yet it is written with the pen of a diamond in the hearts of many thousands , and will he so hereafter in the adamantine rolls of fame and history . no matter then , though the prophane vulgar take a liberty to proclaim him both saint and martyr in the midst of there bon-fires , and their tipple . all the good fellows were ever at his devotion , because he was for theirs , and commanded it to be observed upon the sundays . but to the ▪ end it may be better known how goood a king , and how great a saint he was , we have taken the boldness at this instant to offer you an accompt of some part of the transactions during his reign : & because there are too many in the city who wait the good time to re erect his statue , we desire in the fi●st place to present you his picture , as it was drawn by a good hand , the parliament , in the year . at which time it was resolved upon the qu●stion joyntly by the lords and commons in parliament ass●mbled , that they would make no further addresses or applications to the king , or receive any message from him . treason arraigned , in answer to plain english , &c. some two dayes since , came to my view , a bold , sharp pamphlet , call'd plain english — directed to the general , and his officers , &c. — it is a piece , drawn by no fool , and it deserves a serious answer . — by the d sign ; — the subject ; — malice , and the stile ; i should suspect it for a blot of the same pen that wrote iconoclastes . it runs foule ; — tends to tumult ; — and , not content , barely to applaud the murther of the king , the excrable author of it vemits upon his ashes ; with a pedantique , and envenom'd scorn , pursuing still his sacred memory . betwixt him , and his brother rabshakeh , i think a man may venture to divide the glory of it ; it relishes the mixture of their united faculties , and wickedn●sse . as yet , 't is true ; the hand is somewhat doubtfull to us ; but the drift , — certain : and 't is as clear from whence it first mov'd , as to what end it tends . it speaks the rancour , and the interest of the rump ; be the contrivance whose it will ; and , beyond doubt , it was written by some mercenary to the faction ; and that , by their direction , and appointment . 't is too malicious , for a private passion ; and too dangerous , for one that writes not , either for bread , or life . take it in gross ; 't is an alarm to all the phanatiques in england ; couch'd under the specious notion of an appeal to the general , and his army , asserting , to all purposes , the interests ; and justifying the horrid practices of the regicide-party . — it remonstrates ; — expostulates ; — tempts ; — threatens ; — flatters ; — begs ; — prevaricates : and by all artifices , toward all humours , it moulds it self into an application suitable : — only upon the blood , and family of the late king ; it lashes out into an impious , and inhumane fury , sufficient to disgrace , the sober ( in comparison ) promoters of his death ; and to startle their very consciences , that spilt his blood with pleasure . nor does the brutish rebel only quitt the man , in point of tendernesse ; his rage against the royal line , disturbs his reason too . ( otherwise smooth enough to delude such as are not very well aware of him ) whether it be the agony , and horrour of a wounded soul , which thus transports him ; or that , in these excesses , he only p●rsonates the last convulsions of a heart-broken faction ; — it matters not : thus much we may collect from his distempers ; that rabble is , at this instant , upon a combination , to tumultuate the army , and the people , and such as will not share the guilt of their conspiracy , they labour to engage within the reach , and danger of it . that we may better understand what they design , wee 'll see a little what they say . this pamphlet speaks the sense of the whole gang ; and throughly examined , will discover the frame , and the extent of their lewd purposes . i look upon 't as an affront to christianity , and to reasonable nature ; so scandalous ; i vow to god , in favour meerly of humanity , i would suppresse it , were no more copies extant of it : but 't is too late for that . the countries are already furnish'd ; and the town yet full of them ; ( the singular , and early care of the publique magistrate to hinder it , notwithstanding ) so that it rests now , only to lay open the vile interests of this bloody faction , and antidote the people against the danger of their pestilent infusions . let time produce the author ; ( if it be lawfull to prophane the light with such a monster ) the matter only of this licentious paper must be my subject . if wee must never be quiet , till these people think themselves safe , we must stay , till divine justice is dissolved ; — till they believe the word , and power of god , a fable ; — till they can lay that devil , conscience ; — and blot out of the table of their memoryes , all their presumptuous outrages , both against heaven , and earth ; — till they can quench those raging horrours which exagitate their souls ; — remove those hideous fantômes , that ( whereso'ere they fly ) pursue them , with the images of those they have murther'd , bleeding afresh : and when they think to turn away their looks from the dire object , to the other side , they meet with a remembrancer , that minds them of their sacrilege , and treason , and then they start again , another way ; and there , they meet a sword drawn , to revenge their perjuries . in fine , their injuries are of a large extent , and such , by consequence , must be their feares , ( while they persist in their impenitence ) in this distresse , rather of thought , than danger ; of terrour from within , rather than violence , without ; they do well , to implore the general's help , to save their lives , that would have taken his : especially , obliging him ( in surplus ) with this additional respect : that they have made him free of the fanatiques ; — embarqued him in the same bottom with themselves ; — and finally , involved the honour , and the saver of his country , in common , with the blemish , and the pest of all mankind . say , — milton ; nedham ; either , or both , of you , ( or whosoever else ) — say ; where this worthy person , ever mixt with you ? ( that is ; you , — or those that employ you , and allow you wages ) more , than in order to those very purposes , to which he still adheres , and from whence , you recede . the return of that family , which pretends ( as this tumbler phrases it ) to govern us ; nor was , nor is the question . the publique interest , that he fought for , and you swore to ; — was the preserving of our birth-rights ; — the good old laws ; — his majesties regal authority ; — the privileges of parliament ; and — ( read the old declarations ) not to maintain a canting faction in the army ; — a py-bald ministry ; — or which amounts to all ; — the residence ; — the errata's of an honest parliament . again , to comply fairly with an vniversal vote ; — that , does our scribler call , forgetting of a publique interest ; and keeping of the covenant , or an oath , is , with him , ●●lling of a man's conscience asleep . a desire to be well again , after a cu●sed sit of the spleen ( and ply'd with steel too ) of well-nigh twenty years continuance , — our demy-levite , — terms it a hankering after our old leeks , and o●yons . — why jack , or mark , or harry , — or , ( in fine ) any body — every man as he likes : you 're for a rump ; it may be . — i 'm for somewhat else . believe me , i had ●ather live poor ▪ and honest ; than hang rich ; and treacherous : — then give my self a turn in one of the king's old houses . but — de gustibus , non est disputandum . i 'm sorry my first page is printed . — i shall be thought a fool now , for suspecting our plain english-man , of wit . something there 's in his vein , like bottle-ale . stir it ; — it tumults , sputters ; and at last , it spends it self in foam ; — but nourishment , or comfort , there 's none in 't . — the fellow 's jadish , dull ; — out of his beaten , and known rode ; but when he comes to raile against the king ; he 's in his element . there , he 's a through-pac'd , egregious villain ; and yet a stumbler ; but a false step or two may be allow'd him . this formal devil ; — how great an honour does he to the royal family , in his reviling of it ! — the injuries , and oppressions it has done to church , and people , trouble him sore . the blotting out of — exit tyrannus , sticks in his stomach too ; but , tho' the statue 's gone , the story shall stand firm ; there lyes his consolation . audacious brute , ( the blot , and the deformity of humane race . ) during the war , the nation lay opprest under the common fate of an intestine broyl . the quarrel was disputed both with pens , and weapons , doubtfully , as to the vulgar ; — among the wiser sort , some steerd their course by interest , or passion ; others , resigned themselves , ( abstracted from all other thoughts ) to what they reckon'd piety , and reason . ( thus far the burthen seems divided . ) after this , the king 's made a prisoner ; and his party sunk ; now i demand ; who has oppress'd us since ; but those that swore , till then , they fought to save us ? if we look back beyond the war , our mischief there was , that we were better fed than taught . we were rich , wanton , and rebellious . but i begin to waver in my undertaking ; — i find i have a wolf to deal with , not a man ; that preys upon the dead . a devil ! — whose businesse is to break the sacred bonds of vnity , and order ; and to calumniate virtue . nor does it serve him ; the bare murther of his master , ( as it does other beasts of rapine , that leave the carkasse , when they have suck'd the blood ) this wretch must descant , and rhetoricate upon his ashes , with an audacious petulanry : — make providence it self a complicate ; and with a comique sawcynesse , place , or displace ; — in heaven , or hell , as his luxuriant humour pleases . bradshaw ; this villain ranks among the heroes ; ( and he deserves a saints place in his kalender ) — a man , of whom we dare not barely hope well ; so enormous was his life , and so conform , his obstination in that lewdnesse , to his death . whereas , that glorious creature ; that dy'd the object of this monsters insolence , and rage ; — that innocently suffered , what that infamous pageant-president as vilely acted ; — that with a primitive patience ; piety ; constancy , and resignation , endured the scorns , the injuries , and persecutions of his own subjects ; and , at the last , received his death , from their very hands , in whose behalf he dy'd . this saint , and martyr , ( both ; beyond controversie ; so far as we can judge ) is by our charitable intelligencer enroll'd in the black list ; — charged with indevotion , and intemperance ; so was our saviour a wine-bibber , a haunter too of publicans , and sinners : — to whose inimitable example , ( i speak with reverence , to god and truth . ) both in his life , and s●ffering , i do believe , the story of our late soveraign , bears the nearest proportion of all others . — but 't is amid their bon-fires , and their tipple , ( this misereant tells us ) that he 's canonized : — and that his maj●sty commanded drinking as a sunday exercise . the world that knew the king , know this to be a lye ; ( but 't is our m●r●urie s trade ; — 't is his diana to amplifie a little for the publique good ) 't is true , there were some liberties allowed upon the sabbath , which being mis-employed , were countermanded . how does this scandal both of providence , and society , scape thunder , or a dagger ! we shall now have the story of our king , and saint : ( he saies ) and to usher in the re-erection of his statue , his picture first drawn by the parliament in . ( as our libello●s pamphleter would perswade us● when the vote passed both by lords , and commons , concerning non-addresses . i should be tedious to reply upon every particular in the declaration he makes use of : but as to what concerns the needfull , and the proper vindication of his majesty ; together , with those worthy members , whom this seditious rump-whelp labours to involve in the same desperat , and exorbitant proceedings with his ungracious masters ; — in what concerns , i say , their vindication , i shall be clear and punctual ; leaving the judgement of the controversie , to the impartial reader . we revive this the rather , ( says he ) because the memory of men being frail , cannot retain all particulars ; which is the reason ( we fear ) why so many formerly engaged against him as high as any , upon consc●entious accompts , both religious and civil , are staggering and backsliding , and have need of some quick and faithful monitor to minde them of things past , and make them beware of the present , lest they return with the rout , and cry , let us make our selves a king again of that family ; that family which so cruelly persecuted us and our brethren , and which still remains engaged by reason of state , and ancient principles of enmity and interest , to plow up the old furrows upon our backs , and re-deliver our persons and consciences into the hands of our old tormenters ; and our men of might , and our counsellours , to become sacrifices to the revenge of an implacable party . march on then , ( my lord and gentlemen , ) for believe it , there is in point of safety no possiblity of retreat , and much less in point of conscience or honor ; for , if you respect conscience , ( as we hope you do ) lay your hands upon your hearts , and tell us what hope you or we can have , that the reformed religion and cause will be protected and maintained by the son , which was so irreligiously betrayed both at home and abroad by the father . it may be you do not readily remember these things , nor how much blood was spilt by royal treachery , nor the manifold usurpations and designs by him projected and acted upon our liberty , the like never done by any prince before : and for blood , the scotish ministers employed hither anno . proclaimed and published in print , that the late king had spilt more blood than was shed in the ten heathen persecutions of the christians : and the ministers of london , ( as we can shew you by several prints of theirs ) declared , that satisfaction ought to be had for blood ; that he was a man of blood , and not capable of accommodation with the parliament . we mention not this to upbraid them ; for , we reverence their antient zeal in this particular , and humbly intreat them , as well as your excellency , and the officers , and all the good people of these nations , to observe the forementioned resolves of the lords and commons , which were introductory to that most noble act of justice afterwards executed upon the king . and that it may appear to be such , in despite of ignorance and envy , we have been bold here to present you in print that most remarkable declaration of the commons assembled in parliament , in pursuance of the said resolve of both houses , wherein they declare the grounds and reasons why they passed the resolves of no further address ; and therein you will see also , how well he deserved to lose his head , and his family the kingdom ; whose corrupt and irreconcilable interest had been the head and fountain of those rivers of blood and misery which had flowed so many years about these nations . to help the memories of some , that may very well forget the things they never thought of ; & to reproach to others , their inconstancy , who , out of good intent at first engaged , and after that , convinced of their original mistake , upon a better light , relinquished ; there needs no better monitor , than such a person , whose guilt and desperation , transport him beyond all hopes of mercy ; — this man sollicites for his head , when under the pretext of conscience , he labours for a party : and yet methinks he should not need . alas ! hee 's but the rump's sollicitor , he pleads their cause , takes their fee , and vanishes . impudent creature , to presume to be afraid ; as if a hangman would disgrace himself to meddle with him ! o'h that family — that family , puzzles our men of might , or ( as the droll words it ! ) our counsellors , wonderfully . now do i pha●sy the fellow , this bout , extremely : to see the little agitatour fall upon his p●litiques , betwixt flattery , and sawcyn●ss● , half-tutor , and half-parasite , with one eye up , and t'other down , accost the general . — my lord , and gentlemen , march on ; ( the word of command ; a noble rogue ) for believe it , &c. — there 's no retreat , he tells them , either in point of safety , conscience , or honour , — and then the whelp takes another snap at the king : as shamelesly , as senselesly , affirming , that the reformed religion , ( that is , ( as i suppose he means ) the protestant ) and cause , ( that is , the peoples laws and liberties , ) was irreligiously betrayed by our late soveraign ; who lost his head in defence of one , and th'other ; the caution he puts in against the son is of the same alloy , a person , so indulgent to his people , that out of his partic●lar necessities , he yet relieved the english prisoners that were taken in flanders ; although his enemies ; and , in point of conscience , further , so tender , that he preserves the church of england in the dominions of the king of spain : and still , his honour , with his religion . but let us a little examine his instances , for he pretends now to proceed to proofs . the scotish ministers ( as he tells us ) proclaimed , and published in . that the late king had spilt more blood than was shed in the ten persecutions of the christians , — and the ministers of london declared him a man of blood , &c. — ( that is , the high priests , and officers , cryed out , saying , crucifie him , crucifie him . ( that 's the original . ) but to come closer to the businesse , the scotish , and the scotch ministers , are a clear different thing . scotish , denotes the antient faction of the nation , ( no favourers of kings , ) and scotch , relates to their nativity alone , abstracted from the party . first , they were argyle's creatures , s●l●cted to promote argyle's designs : so , not the ministry of scotland , but a pack of scotish ministers . next , of no more authority to the rump , against the king , than to the nation , against the rump , ( in whom , they are as much unsatisfied . ) the ministers of london did as much , he sayes . that 's something truly ; till we consider what those ministers were , and by whom , placed , and moulded , for that purpose . marshall was the prime p●rson in the agency betwixt the two nations ; — he , that curs'd m●roz ; — he , that was sent commissioner into scotland ; taught them their l●sson , there , and then returning , taught some of our reputative divines to sing the same tune , here . — this is the man , that clos'd with nye , when presbytery went down ; and carried the . bills to the king , at carisbrook-castle , for which , they had l . apiece . i could tell you of some more of the gang , that ▪ under question for confederacy with love : after a due formality of seeking god , delivered , as upon accompt of inspiration , that oliver protectour was the person ; and his the government , of all that ever were , or should be , the most agreeable to god . this is not , to lessen the esteem of holy orders ; neither to fix a rash , irreverend censure upon the ministry : no man reveres the character of a churchman more than my self . but 't is to shew the world , how much our pamphlet-merchand is steer'd , by interest , and passion , and how little , by reason , and truth . the grinning whelp , now , betwixt snarling , and fawning , would fain perswade the general , and his officers , ( and all the world beside ) that the resolve of non-addresses , by the lords and commons , was introductive to the murther of the king . murther , i say , that 's the plain english of what he stiles — a most noble act of justice ; his methode lyes through direct contradictions to the universal rules , of logique , truth , and honesty . by this insinuation , he charges that exorbitance upon the two houses , and draws an inference , from the impardonable quality of that action , to the nec●ssity and reason of pursuing it . this , he pretends to make appear , in spight of ignorance , and ●nvy , from the commons declaration , in persuance of the resolve of both houses , ●onteyning the reasons , why no further address ; and thence , proceeds to a determination upon the fathers life , and the son's inheritance ; — as positively fixing , upon the king's accompt , those plagues this nation has endured ; as if the graceless villain were of counsel with the eternal wi●edom . i shall observe in order ; and first ; i 'll prove , that the vote of non-addr●sse , was not properly an act of the two houses ; or if it were so , that it did not rationally direct to the king's li●e . secondly . t●at declaration of the commons , ( singly ) decla●ing the reasons of the resolve of both houses ( j●yntly ) does not amount either ●o a justification , or intention of taking the king's life , — no ; not though i should g●ant the members free ; — which i cannot ; and the authority full : which i do not . — to the first . — they were under a force . — upon a debate in the commons house , concerning the kings answer to the . bills , presented to him dec. . . and debated ; jan. . commissary ireton delivered ●imself after this manner . the king had deny'd safety , and protection to his people , by denying the . bills ; that subjection to him , was but in lieu of his protection to his people ; this being deny'd , they might well deny any more subjection to him , and settle the kingdom without him : that is was now expected , after so long patience , they should shew their resolution , and not desert those valiant men who had engaged for them , beyond all possibility of retreat , and would never forsake the parliament , un●esse the parliament forsook them first from hence , naturally results the menace of the army , in case the parliament should forsake them ; and ireton understood the souldjery too well , to mistake them . — as yet ; ●ere's nothing capital pretended against the king . after some more debate , cromwell urged ; — that it was now expected , the parliament should govern , and defend the kingdom , by their own power , and resolutions ; and not teach the people any longer , to exp c● safety , and government from an obstinate man , whose heart god had hardened : that those men , who had def●nded the parliament , f●om so many dangers , with the expe●ce of their blood ; would defend them herein with fidelity , and courage , against all opposition . teach them not , by neglecting your own , and the kingdoms safety , in which their own is involved , to think themselves betray'd , and left hereafter to the rage , and malice of an irreconcileable enemy , whom they have subdued for your sake ; and therefore are likely to find his future government of them insupportable ; and fuller of revenge , than justice : * — left despair teach them to séek their safety by some other means than adhering to you , — who will not stick to your selves ; how destructive such a resolution in them will be to you all , i tremble to think , and leave you to judge . this speech , concluded the debate ; and the better to impresse his meaning , he laid his hand upon his sword , at the end of it . if this be not a force , what is ? the power and inclination of the army , being the only moving arguments to obtain the vote . the question was then put , and carried , for no more addresses . — but no pretence still that extends to life . i shall appeal now to the declaration it self ; to which our regicidal babbler refers the world for satisfaction . first , the sectarians had stol'n a vote , jan. . to engarrison whitehall , and the mewes , ( the lords , not mention'd in the case ) their manner of obtaining it , was this . 't was noon ; and the independent party call'd to rise . the presbyterians went their waies to dinner : the independents stayed , and did their businesse . the lords opposed the vote for non-addresse ; ( . to . ) but the engagement of the army , cast it ; who sent a declaration to the commons , of thanks for their votes against the king , engaging to defend them with their lives , &c. — is this a force yet ? soon after this ; comes forth a declaration , and reasons , &c. drawn by a committee , appointed by the independents &c. so that even that too , was a piece , contrived by the designers of our mischief , and by a force , extorted from the sober rest , that would have saved us . this appears , from the interpose of the presbyterians , to moderate the eagernesse of it , upon the debate . the last . lines of the said declaration will be sufficient to stop the mouth of any reasonable person , as to the point of life ; ( even without the violence ; which undenyably produced the rest . ) after an enumeration of diverse particulars objected against the king , the declaration concludes thus . these are some few , of the many reasons , why we cannot repose any more trust in him , and have made those former resolutions ; ( meaning the . votes , whereof that of non-address was one ) yet we shall use our ut most endeavours , to settle the present government , as may best stand with the peace , and happinesse of this kingdom ▪ this very declaration touches not his life ; it is not said settle a present government , but the — ; ( relating properly to an amendment , not an abolition ) considering the grammar of it ; i do not wonder much , at a complyance , in some measure , to an indecency , in order to prevent a greater ill , that threatened them , and vs : and that , was their design ; for when it came at last to the result of life , and death , ( as then 't was evident , it amounted to no lesse ) those gentlemen , whom the author of plain english would willingly engage , as complicates ; — those gentlemen , i say , did then oppose themselves , against the murtherous faction , and voted for a treaty , dev. . upon the . they were imprisoned , and affronted by the army for their pains . — when the more moderate party , was removed , the rest were left at liberty to consummate the kingdom's ruine , and their own damnation . come i 'll go ●urther with the angry man ; — put case , these gentlemen had gone yet forward ; and dipp'd as deep as he could wish they had . frailty is an inseparable from our nature . 't is humane to transgress ; — 't is christian to forgive , and 't is our interest to repent . he that delivers me by designe , ' though but from that mis ▪ fortune which he himself engaged me in upon mistake ; — he is so sar from any reason to apprehend my revenge ▪ he ha's a title to my kindness : but our incorrigil●e monitor , sets up his rest upon a final , reprobated , impenitence . 't is the will , qualifies the action . i have been tedious , out of desire to be clear : but i shall hast●n , and contract as much as possible . having already proved the declaration ( of the reasons why no more addresses ) to have been an evident contrivance of the independent faction , in the very frame of it ; and publish'd , while the army stood to dare , and over-awe the sober party , that was likely to oppose it ; i do not hold my self concerned , in any further notice of the particulars therein conteined ; and which our challenger produces , as an unanswerable eviction , that the late king , and his family , deserved death , and extirpation . ( as , by and by , he tells you ) — yet something shall be said , even to his quaeres , thence extracted ( in due place ; ) but i must first unvtile him to the people ; and that , by laying open the dilemna he proceeds upon . — he reasons thus , my businesse ( sayes he to himself ) must be to hinder an agreement with the king . the presbyterian party ( i 'm afraid ) enclines to 't . if he returns , we 're lost : my own soul tells me , we have sinn'd beyond remission , and yet i see no way to hinder it neither . the nation is united against us ; the presbyterian abhors us , as much as the royal party does ; and the army it self , begins to declare it self our enemy . what 's to be done , must be , both quick , and home . these six waies lye before us . first the army must be wrought into a tumult . secondly . the presbyterian must be ( right , or wrong , ) involved with us in guilt , and consequently in danger . they must be made to share in the blood of the father , and in the detestation of the son , and be possessed , that there can be no sa●ety to them , but in a common interest with our selves to this end , we may forge letter's from brussels . suborn witnesses to swear the king a papist , &c. thirdly . the cavalier must be perswaded , that the presbyter only designs to set up for himself ; and arguments drawn from by-past , and mistaken failings upon promise , to beget a jealousie . the inconsistency of episopal , with presbyterian principles must be objected , &c. fourthly all persons interessed in estates , got by the war , must be engaged , for fear of losing them . fifthly . the general himself , must be sollicited to take the government upon him ; promises urged ; no matter whether true , or false : if this won't do , a lvise him , as a friend , to have a care of the city ; and lid the city look to him . perplex them both ; we 'll confound all the world , rather than perish . lastly we may publish the declaration , of the reasons , for no f●rther addresses : and try , if that way , we can either make a party among themselves , or with the people . we may so bring it in , it shall be dangerous to reply upon , for fear of dis●●liging , and as unsafe , to let alone , for fear of seducing . here 's t●e dil●mma ; it will be answered , or it will not ; if it be , 't will startle the presbyterian ; if otherwise , 't will puzzle the p●ople . i wish our common enemy would go this open way to work . here 's the true state and method of our adversaries thoughts , and actions . now to his quaeres , wherein i shall be tender , how i revive disputes , either unkind , or unseasonable ; and yet not wanting to my vndertaking , that is , my vndertaking to make evident , that his fo●ndation is sandy , and the entire structure composed of rotten materials . ) i 'll take his — ( what shall i call them ? ) suppositions , — objections , questions , — ( or call them what you will ) one by one , and reply upon them in his own order . here he begins , would you see how and by whom the irish rebellion began , and upon whose score those unparallel'd barbarous massacres of hundreds of thousands of the protestants in ireland , do lye ? no , we would not see now . we question not , but you 'd be kind enought to sh w us ; and cut our throats here , just as those ▪ rebels did their fellow-subjects there . ( for an ●r●sh rebel , is but the anagram of an english p●anatique . ) by whom now , is another question , and a harder . beshrew me , ' ti● a p●ev●sh point . why — the i●●sh rebe●●ion , began , by the irish rebels : a● the english r●bellion , did by the english r●●els . i hope commo●ions in ir●land are no miracles ; nor●i● it needfull to assign them any other reason , than the humour of the peopl● ? — yet i 'll be civil to you . i speak my soul , i do believe , the irish catholiques in that rebellion which you point at , took flame at the severity they apprehended , from some extraordinary declarations against them here , previous to their rebellion . this i must adde further , the king , ( for 't is at him ▪ our author's malice strikes ) at his return from scotland , did earnestly , and particularly recommend the care of ireland to both houses , in his speech , dec. d . . upon the th . he pressed them once again , to the same purpose ; adding , the great necessity of dispatch ; — the daily cries , and importunityes of the irish protestants , and offering all his power and interest toward their relief , in these very terms . ( see the exact collections , the . and . speeches in the book . ) that nothing may be omitted on my part , i must here take notice of the bill for pressing of soldiers ▪ now depending among you my lords , concerning which i here declare , that in case i● come so to me , as it may not infringe or diminish my prerogative , i will pass it . and further , seeing there is a dispute raised ( i being little beholding to him whosoever at this time began it ) concerning the bounds of this antient and undoubted prerogative , to avoid further debate at this time , i offer , that the bill may passe with a salvo jure , both for king and people , leaving such debates to a time that may better bear it , &c. to conclude , i conjure you by all that is , or can be dear to you or me , that , laying away all disputes , you go on chearfully & speedily for the reducing of ireland . by whom , ireland was tumulted , i do not know ; but that it was not by his majesty , is most evident . nor is there any question , but the massacres there committed , must lie upon the score both of the actors , and promoters of those crueltyes : who they are , when i know , i 'll tell you . would you know who it was that interposed betwixt the parliament and the duke of buckingham , and would not permit the proofs to be made against him concerning the death of his own father ? this i shall satisfie you in . — a letter was presented to the house from thomas haslerigg ( brother to sir arthur ) which was read ; to this purpose . that there was one mr. smalling , a committee-man of leicester-shire , who had been a deputy-examiner in the star-chamber , and affirmed , that above twenty years since , there being a sute in star-chamber , between the earl of bristol , complainant , and the duke of buckingham , defendant ; concerning physick , presumptuously administred by the said duke , to king james ; the said smalling took many depositions therein , and was further proceeding in the examinations , until a warrant , signed by the king , was brought him , commanding him to surcease , and to send him the depositions already taken : which smalling did ; yet kept notes by him of the principal passages , doubting what further proceedings might be hereafter in a businesse of such importance . sir henry mildmay moved that smalling be sent for , and examined upon oath by the committee that penned the said declaration ; but upon motion of the presbyterians he was ordered to be examined at the commons-bar . smalling came , produced the warrant , but no notes ▪ so this chimera vanished . tertio caroli , this businesse had been ventilated , and examined against the duke , and no mention made of poysoning , or killing king james . it was then only called , an act of high presumption , and dangerous consequence in the duke , nor was there then the least reflection upon king charles . ( see the history of independency par . . p. . ) would you hear who it was that made so light of parliaments , killing them as soon as born , and making them a scorn by dissolution at pleasure ; and at length designed , and in fine drew sword against the very parliamentary constitution , after he had by imprisonments destroyed several eminent patriots for their freedome of speech in the parliament on the behalf of the publick , and in particular , touching the death of his father ? no ; it needs not , i can tell you that . 't was cromwel , and the secluding members . the rump ; that drew sword against the very parliamentary const●ution . t●ey clap'd up sir ● obert pye and major fincher for but d●siring a 〈◊〉 p●rliament ; on the behalf of the publique : sending thei●troops abroad to seize , and threatning ( them e●e● ) to 〈◊〉 all the declarers . ( that which concern ▪ his maj sti●'s father , is spoken to already ) would the scots know who it was that designed them to be the first subjects of slavery in spirituals and civils who hated their very nation ▪ though the land of his nativity ; who made a pacification with them , with a ●rsa●be●ous in ent to break every article ; and manifested it as so●n as he returned from edinburg to london , giving special command to ●u●n the said articles by the hand of the common h●ngman , and it was publickly done ? i 'll tell you that too : 't was the old argyle . — but hold you sir . touching the treac●erous intent , did he tell you his mind ? ● t i confesse , you are quick-sighted ; you could not see things else that have no being ; — as your own piety , and publique tenderness● ; — you have approv'd your ●elve , se●r●h●r● of hearts indeed , witnesse your sacrifi●es to your moloch ( the good old cause ) your butcheries by q●arterin● , and embowelling poor wretches , only upon fri●olous , and i●congr●ous circumstances : senselessely patch'd together by your ridiculous , and suborned sons o● b li●l . because that your own party , did resolve , at first to break a●l o●th●s ; and has been only true , in a fidelity to hell , an●wicked●●ss ; you make no difficulty to measure others by your impious selves ; — you talk , and act at such a r●te , a● if men were to be damn'd upward ; — as if the 〈…〉 were a d l●sion ; divinity an old wive's tale ; and ( se●io sl● ) not halfso much respect , is paid to the two ta●l●● of the d●calog●e as to the orders of your c●ff — ho●s● . i shall not ra●el the t●ans●ction , sequent upon the p●cifi●ation yo● speak of . — but to your next . would you hear the cries of the blood of rochel , and of his own people sacrificed in that expedition to a forein interest , and of all the protestants in france , for his barbarous betraying of them ? the rochel expedition i 'm a stranger to ; so i suppose are you , that make the challenge . but if you had told me of jamaica ; or the sound ; i should have understood you . would you cast your eye on past miseries , and recollect the manifold intollerable oppressions of people both in matter of estate and conscience , and compare them with the indulgencies at the same time towards papists , yea and the designs laid to make use of papists , to destroy both parliaments and godly people together ? now you say something , surely . the manifold intollerable oppression of people in matter of estate , and conscience , &c. this i remember perfectly . your major-general-archy was an admirable form of government : so was your rumparchy . clap a man up , and never let him know his crime , nor his accuser , — declare a man uncapable of serving in parliament , for having bayes in his window , or a minc'd-pye in christmasse , sequester half the nation , because they will not swear back and forward ; sell free-born men by thousands into plantations ; and in fine , beside excise and other impositions arbitrary , lay on the comfortable load of l. a month , upon a begger'd nation , and at the latter end of the day . ( is this the oppress●on your wise worship intends ? ) now for the matter of conscience , i can help you out there too . to shorten , let the oath of abjuration serve for all you follow this with a sharp charge for making use of papists . i could retort this , if i thought it valuable ; but frankly , in a war , the subject of the qusstion is not religion , but assistance . nor do i ( tho' i might as well ) condemn your party , ( that is , the rump-men ) for the same practise . would you understand the correspondencies maintained with , and the encouragements given to , the bloody irish rebels , for the ffecting his designe ; together with the correspondencies and solicitations setled in forein countries , to the same purpose , with all the circumstances evincing the truth ? this is the same thing again , shake hands , and to the next . would you be informed how often , and with how much solicitude the parliament , notwithstanding all these things , did , for peace sake , in a manner prostitute themselves , and hazard the whole cause , by appointing treaty after treaty , which he never entertained but with intent of treachery , and thereby frustrated all their good intentions and endeavours , before ever they passed the votes of non-adresse ? then , we beseech you , read the following declaration , and be satisfied to the full , whether or no the late king and his family deserved death and extirpation . i pr'ethee do not choak us with the venerable sound of parliament : i talk to you , and of that mungrel-mixture you plead for . a parliament cannot do amisse , ( be not too quick now ) they may have done amisse , and the next session may repeal or mend it . what they did , i don't question : but what you say , will ( as i humbly conceive ) admit a castigation . look back upon your self ; these are your words — which he never enterteyn'd ( treaty , that is , ) but with intent of treachery , and , thereby frustrated their good intentions , and endeavours , before ever they passed the votes of non-address . ) at this rate , you ground the non-address , upon the kings intention of treachery . a positive disclaim of your obedience , upon a possible dis-ingenuity in your prince . come , to cut short . dare you say , that he promised , and failed ? that 's treachery , to betray a trust : by this rule of proceeding , had you required his life , and he refused ; you might have taken it : his crime was only the non-concession of what you demanded ; and he gave his reasons too for that refusal . well , but let 's come up to the vote it self . i have already proved , that it concerns not the secluded members ; and now i shall entreat you to back my opinion , with a slip of your own pen . their honest strictness in the negative , afterward , and their adhesion to it , through all extremities , speaks manifestly the intention of the parly , and that acquirs them . 't is your own argument in your fourth expostulation , you charge his treaty with a treacherous intent , which you infer from a subsequent manifestation of himself by action . but to dispatch , should i grant all you claim , yet did not the late king and his family , deserve death and extirpation , the premises will not amount to 't . now if you please go on . as for our parts , we very well recount the series of past transactions , and do remember that in february . when the two houses of parliament passed their resolves of making no further address , but determined to lay him wholly aside , they never were in a greater state of security and freedom , never passed any thing with greater deliberation ; and never the least disturbance or alteration arose in either of the houses against those resolves , untill some persons in the commons house , otherwise affected , and who by procuring elections of persons fit for their turn to serve in parliament , in vacant places , brought in new men of the cavalier stamp ( as is known ) like themselves ; and thereby out-balancing the old patriots , gained the major vote of the house ; and so with heat , and by design , obtained a revoking of those resolves which had been passed by both houses in a time of temper , upon most serious consideration : so that though we shall not take upon us ex absoluto to justifie the interposure of the souldiery afterwards , and their exclusion of the adverse members ( it being a transcendent act , not to be measured by ordinary rule , and which nothing can justifie but supreme necessity ) yet this we can truely say in their defence : in judgement and conscience there was so indispensible a necessity , that had they not interposed , those principles and the concernments of the commonwealth , upon which the aforesaid resolves of both houses were founded , had been utterly shipwrackt , and the whole cause and its defenders most inevitably have sunk together ; seeing the same heady confidence in treaty was then given to the father , which too many now encline to allow unto the son , who were first engaged against them in the war , and held out to the time of the last treaty ; whom ( of all other men ) his party do hate upon that accompt ; and , if they had an opportunity , would be sure to make them fall the severest sacrifices to the revenge and memory of his fath r. this is already sif●ed , and a little picking will serve the turn here . a cavalier , i find , is onely an honest man that crosses a fantan ; but the old patriots it seems , were the minor part of the house ; and that 's enough to entitle the nation to the benefit of the treaty resolved upon . for sir ( if you 'l give us leave ) we 'l be governed by the major part . it 's true , your supreme necessity is a pretty popular sophisme . but , as necessity has no law , so is it none ; nor in any case pleadable against law , but by the judges of the law , which at all hands , is confessed to be the parliament , and the major part of the two houses in conjunction with the king , have ever denominated that . i must needs take a little pains to correct the centleman , in his next fleere upon the presbyterians . he hangs like a cock-sparrow upon the aforesaid resolves of both houses ( which is but an old trick of a laying knaves bastard at an honest mans door ) and then he preaches most infallible destruction to the first engagers , whom the king will be sure to sacrifice to the revenge and memory of his father . this opinion , or rather suggestion of his , opposes all principles of honesty , generosity , and prudence , which fall within the latitude of the case . nay , taking for granted , the very entrance upon the war justifiable . there might be then a question , now there 's none . they intended onely a reformation , here 's a dissolution . a liberty was there designed ; here 's an intollerable slavery imposed , those quitted , when they saw their error ; these , for that very reason , proceed . there is , in fine , this difference ; one side would destroy the king , the other would preserve him these , would govern without law , and the other would be governed by law after all this peremptory rudeness at large ; he bethinks himself at last of an apology to the general ; and now the pageant moves . we urge not these things , with an intent to make the least reflection upon your excellency , and our brethren the officers under your command , as if we suspected your sincerity and constancy , after so many plain and and pos●●ive declarations against returning to our old bondage under that family which god so wonderfully cast out ●efore us , and wherein we are confident he , for his own name and peoples sake , will never more take pleasure : but in regard the old adversaries behave themselves insolently and proudly , and publikely give out , the time is coming wherein they shall satisfie their lusts u●o● us , we thought it convenient to whet your spirits with a repetition of these things , as we have done our own , that the world may see we yet own our cause ; and do believe , that what we have done as instruments in driving out that family , we have done in judgement and conscience ; and that you take a convenient time to let men understand plainly that you also will continue of the same perswasion with us , for as much as there are none of the particulars charged upon the late king in the following declaration , which would not , with many more , have been proved to his face by a cloud of witnesses , if be would have put himself upon tryal , when he was called to answer for his actions . alas , good gentleman ; you suspect the general ? no body can have such a thought sure : you do but mind him of his duty now and then , refresh his memory , and whet his spirits . he ha's declared himself against returning to our old bondage , under that family which god so wonderfully cast out before you ; but not against the liberty ▪ and title of that person whom god may , no less wonderfully , bring in , before you : and , i suppose my confidence is better grounded , that the people will never more take pleasure in you ; then yours is , that god will take no pleasure in him ; the nation will as little endure the rump , as you the king . but all this while , you beg the question , how comes the king to be mentioned ? the young man ( as your gravity descends to call him ) he 's poor , and his friends , beggerly ; you have the ballance of property on your side , my masters ; you 're safe enough then . i would advise you now to waite , and not prejudge authority . you 're to obey , not to impose a government . if you proceed to murmu●e , ●and shew your teeth , when you cannot bite , 't will be the worse for you . indeed , your good old patriots will be the minor vole again of the next pa●liament , if you behave not your selves more mod●stly , the p●ople will suspect you ; for mutinous s●rvants prove but untoward masters . monopolies , and some misgovernments were the true cause , that engaged the well meaning people , in the quarrel , not extirpation of both laws and governors . but if your adversaries , do ( as you say ) grow proud and insolent ; in such a case , you may be allowed , to whet your spirits ( ae you express your selves , any thing but your knives ; you were at that sport once ) your judgement ▪ and your conscience we are satisfied in ; alas , the difference betwixt yours and ours , is but a trifle . what we take to be slavvery , you call freedom . — a rebel in our judgement , is a patriote in yours . — murther , a sacrifice ; robbing of churches , in your soft opinion , is but unclothing of the whore ; ( a thing the rump's a little given to ) we term that sacriledge . one frailty i must needs take notice of among you , for all your talk of providence , i find , your arme of flesh strikes a great stroke in your spiritual conflicts ; and when y' are worsted , you 'l take eggsfor your mony ; and acquiesce , as well as your neighbors . this i observe to be one article of your faith , you argue from divine omnipotency , that providence is ever on the stronger side . suppose the gentlemen of the back side , should look on for a fit now ; the reyal family ( you say ) god cast out before us : who casts out these ? but to make all sure , you press the general , and his officers to declare . , that they 'l continue of the same perswasion with you . ( this perseverance , i confess , is a main point ) you should do well to leave a note , where they may find you ; for you 're a little variable , and they 're a little shy of medling with those that are giv●n to change . you 're possibly , this day , resolved for a republick ; tenext , for a protector ; by and by , a counsell of officers , and then , a committee of safety . come , come , gentlemen , the generall will be just , without your counsels ; and steady , in despight of all your arguments . speak on . give us leave ( we beseech you ) to add● one thing more , which we had almost forgotten , to shew the ●adnesse of those men that cancelled the votes of non-address , and would have brought back the late king by the isle of wigh●-treaty , and would now ( is they might have their wills ) bring in his son by the like , viz. that at the very time when that treaty was on foot , though this young man , who was then at sea in the revolted ships , declared all to be null which should be agreed on by his father ; yet , hand over head , in they would have had him , as others would now restore the son upon the very same termes which he so positively declared himself an enemy to in his fathers dayes . good god! what a spirit of slumber hach s●ised such men , who were once deeply engaged with us in the common cause , as for your excellencie , far be it from us to entertain any suspition concerning you , supposing you must needs have upon your heart the true interest of religion , and your own too ; and how much it is concerned in keeping out of that family , whose restitution we believe god will not now permit unto any designers , seeing he hath from time to time so signally blasted all former undertakings . as to what concerns religion , you know what hath bin their education and depend●ncy abroad and should they return , 't is obvious , all other parties would be put upon their guard to defend themselves against him and his clergie at home ; and so all sorts of religious parties , being constrained to combine for mutual preservation and liberty , the war will soon be renewed upon the point where it at first began . what pitty 't would have been , this gentleman should have forgot a thing that never was , the king ( indeed ) sent an express to the city , the coppy whereof was carried to the house , by the sheriffs , and some of the common-coun ell : . aug. . but not a syllable of what he mentions in it ; nor any thing that way tending , yet was it ea●erly debated , in terminis , that the pri●ce should be declared a r●bell , and a traytour . among other reasons , why it was laid by , one was , — the covenant ; a second , was this , it would not do well ; to vote the prince a traytour , the same day , that messengers were sent to invite the king his father to a treaty . the clamorous puppy might bethink himself of better language ; especially addressing to an eminent person . the madness of those men ( he calls it ) that cancell'd the votes of non-addresses , and would have sav'd the king , &c. — if all were mad that would have sav'd that king , or that love this , we should not find many sober persons , in the kingdom . this fellow keeps so much stirr to cleer his party of any jealousie , upon his excellency , that he most evidently creates , and discovers one . how comes religion now , to trouble our atheistique saints ! these reprobates have violent taken the father's life , and thrown the son out of his right and dominions ; exposing him to the charity of forreign princes for a subsistence : and after this ; his education abroad , is made an argument by this brute , against his return , where will he be next now ? as to your own interest in the station where god hath placed you , 't is well known what the private sence and opinion of that party is concerning your excellency , because you have been an instrument in keeping scotland many years with so great vigilance and prudence , free from the attempts of that irreconcileable enemy . admit such a thing were possible , which some fancie , that you should be the man that would put the crown again upon the head of that family ; is it not plain what fate ( setting aside all other considerations ) you might expect from a seeming reconciled enemy , and a king too ? it being the guise of kings ( as the historians from innumerable examples do observe ) ever to recompence with hate their most meritorious servants ; making no difference in r●turn , betwixt the highest obligation , and the greatest injury . the examples are so frequent in our own chronicles , as well as forreign , that he who runs may read it ; and 't is not proper here to recite them . jndeed he 's hard put to 't , to make the danger out from the king , to the generall , in case he should restore him . if there were nothing e●●e in 't , 't were enough , to make him dear to the king , and to his party , that he hates you . do not deceive your selves : he 'll be a scourge to the phanatiques , and every soul that loves either piety , or peace will assist him . do not mistake me n●ither . god forbid that all such as have either been misled by cunning practises ; or else transported by necessities , to seek a livelyhood by unlawfull means . god forbid ( i say ) that all without distinction , should be marked with that infamous brand : no , i intend it onely of that frantique crew , that preclude mercy , by despising it : and persecute the truth with a determinate malevolence and spite : but note , the man begins to soften . alas , ( sirs ) 't is not an army that shall secure you , nor the power of the militia that can secure our ancient senators , ( if any who have been engaged can be so fond as to think of security ) for , let the yong man come in with freedom to encounter both army and militia with the hare title of king , and actuall possession of the throne , the eyes of army and militia will soon be dazeled with the splendour of that gay thing , and fall down and worship at the sight and hope of the kingdoms of this world , and the glory of them ; and then all bonds of agreement ( if any be ) will prove but rushes . oh , for god and his peoples sake , yea , and for the city of londons sake , whom charles the father branded in his papers with the character of disloyall and rebellious city , ( though at that time most renowned in her actings se● an end to the expectations of malicious enemies , and staggering f●ien●s , by clearing up your selves , that we may see you in the light , vigorously asse●ting the good cause of these nations : yea , for the sake of parliaments we ask it : and we doubt i● not at your hand , seeing the people are not like to be brought to contend any more for parliaments , if after so long a contest he should gain an ●pportunity of improving a possession of the crown to an usurpation over the priviledges and majesty of parliaments . this thing , i 'll lay my life , belongs to the rump ; it is so much concern'd in the behalf of our ancient senatours . truly i 'm half of his mind , in what he sayes last . that is , i do believe , his majesty would be made welcome ; but for faithless ; nothing but an abjuring , perjur'd villain would suspect him . see how that supple slave , is come about , now : how arrantly the rogue beggs : oh! for god , and his people's sake , and for the city of londons sake . ( i am in earnest ; i must laugh before i can write on . ) might not this fellow be laid hold of , upon the statute against sturdy beggers , and lashed , he has absolutely turn'd a piece of one of the rump ▪ ballads into prose . nay my lord ; ( cries the brewers clerk ) good my lord for the love of god ; consider us and your self ; this poor nation , and that tyrant abroad ; don't leave us : but george gives him ▪ ashrug , instead of a nod . come hang your self , beg right , here 's your true method of begging . — oh for tom. scots sake ; for haslerigs sake , for robinson , holland , mildmay , mounson , corbet , atkins , van● , livesey , skippon , milton , tichbourn , ireton , gourden , lechmore , blagrave , bare-bones , nedhams sake , and to conclude ; for all the rest of our impenitent brethrens sakes , help a company of poor rebellious devils ; that only for murthering their prince , destroying three glorious nations , breaking the bonds of faith both with god and men , trampling upon religion , and laws ; exercising an absolute ▪ tyranny over their fellow subjects — endeavouring yet once more to engage their native country in blood ; — to alienate the honest souldjery from their obedience , and in sine for playing the devil in gods name ; are now in danger to lose the reward of all their virtues ; — the possessions which they have acquired by violence , by a malignant , and desperate design of peace , and settlement . this is the state of your condition , and this should be the form of your application . once more , and he bids you farewell . bvt ( my lord and gentlemen ) leaving these things which touch only upon your worldly interests and concernments , we are hold to say , ( though the jealousies of weaker brethren be great and many ) we believe our selves to be sure of you , because we have your souls as well as your personal interests at pawn for your fidelity to the publick . we remember your declaration sent f●rm scotland to the churches , and other declarations at t●● same time . we might mind you , if it were needfull , how you have called god to witness , that the ground of your late undertaking in scotland was , the vindication of the liberties of the people , with the protection and encouragemens of the godly and the faithfull therein , &c. and that you have no intention or purposes to return to our old bondage ; but that the providence of god having made us free at the cost of so much blood , you will never be found so unfaithfull to god and his people ▪ as to lose so glorious a cause ; but do resolve , with gods assistance , to endeavour a maintainiug of our dear-purchased liberties bot● spiritual and civil . but seeing these declarations made before god , angels and men , ( as your selves have said ) do so much concern your souls in the observation of them , that they cannot but be much upon your hearts ; therefore we me●●ion them , not as doubting you , or endeavouring to perswade you , but to ease our own minds , and to comfort the hearts of our brethren , who have need to be comforted : and do wait for a good time when your excellency shall break forth , and more visibly appear ( through all the clouds of fear and jealousie ) a defence and protection ( through the goodnesse of god ) to all his people that fear him in these nations ; and so their hearts universally will return unto you , in assurance whereof , and that you will be very much confirmed and encouraged after the reading of this declaration , we remain , ( my lord ) , your excellencies most faithfull friends and servants in the common cause . march . . still i perceive you 're sure ; and yet for your weak brethren sake , yon mind his excellency of a pawn he has ingaged for his fidelity to the publique ( only his soul ) in a declaration , before god , angels , and men : that he hath no intent to return to his old bondage . why you impudent sots ; does a confederacie with a peddling , little , sniv'lling faction , that would subvert order , and government , amount to a fidelity to the publique ? or does the avoiding the old bondage you keep such a coyle with , imply the setting up a new , and more tyrannical impos●tion . in fine ; the mention of the king , proceeds from your own guilt , and fears , that have so much abused ●im . the general meddles not at all , to impose upon us : but only stands betwixt authority , and violence . his excellency refers all to the appointment of such persons as the people shall abuse , to act in their behalf , and cannot in honour , fide with a party of jugglers , that only call themselves our representatives , and we disclaime . this is enough said to convince you and the world , where the abuse lies ; now , having eased your minds , ( in your own language ) you may go ease yur bodies too ; for i dismisse you ; and all 's but giving of the rump a purge . cursed is he that removeth away his neighbours land-mark . finis . notes, typically marginal, from the original text notes for div a e- * nota. to the right honorable will: lenthal speaker to the parliament by him to be communicated to the members sitting at westminster. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honorable will: lenthal speaker to the parliament by him to be communicated to the members sitting at westminster. lenthall, william, - . sheet ([ ] p.) printed for edward thomas at the adam and eve in little brittain, london : . [i.e., ] an address from the county of berks, praying for a free parliament and the recall of the members secluded in . annotation on thomason copy: "jan. ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . berkshire (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no to the right honorable will: lenthal speaker to the parliament. by him to be communicated to the members sitting at westminster. lenthall, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honorable will : lenthal speaker to the parliament . by him to be communicated to the members sitting at westminster . whereas wee the gentlemen and freeholders of this county of berks , were generally met together at abingdon , upon some intimation of an election of a knight of the shire , in pursuance of your order , for the filling up of this parliament ; and that some solicitations were used throughout the county for voyces , and being jealous to be surprised therein by any clandestine carriage of the writ : and whereas at this meeting it was further taken into consideration , that this county have with the rest of this nation been deeply sensible of many insupportable grievances and oppressions of late dayes , occasioned through the want of a real , setled , and regular government ; and in particular , that the commissioners for the militia having formerly charged the countrey to provide arms , which was done accordingly , the said commissioners do yet direct their warrants for the bringing in of twenty shillings for every foot arms ; which we are very confident is besides the intent of the act which impowers them , and are ignorant otherwise by what authority they proceed therein ; that therefore , having seriously consulted the remedies which might be proper for these and the like inconveniences for the future , and by gods blessing reduce us unto a firm , free , and legal settlement of our rights , civil and religious ; wee conceived it to be our duty towards god and our countrey , without any private ends whatsoever , to declare our selves in this sense ; that we take the most satisfactory expedient for it , will be , the recalling of all those members that were secluded in . and that before the first force upon the parliament . and , that in the elections which shall be of any other members in the vacant places , such due course may be taken , as that the countrey may not any way be surprised or over-awed therein : and , that the secluded members may be admitted to sit without any oath or engagement to restrain their freedome in the least ; wherein we shall be ready to defend you and them with whatsoever is dearest unto us , against all opposition : and pray unto almighty god for his assistance to the happy accomplishment of what may best conduce to the peace and safety of this nation . [ this is subscribed by most of the chief gentlemen and freeholders of the county of berks. ] london , printed for edward thomas at the adam and eve in little brittain . . by the king a proclamation for better furnishing the nauy, and shipping of the realme, with able and skilfull mariners. england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation for better furnishing the nauy, and shipping of the realme, with able and skilfull mariners. england and wales. sovereign ( - : james i) charles i, king of england, - . leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxv [ ] caption title. imprint from colophon. sheet line of text ends "iames"; sheet , line ends "entertaine". "giuen at our court at saint iames, the one and thirtieth day of march, in the first yeere our reigne of great britain, france, and ireland." reproduction of original in: henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. great britain -- politics and government -- - . great britain -- history -- james i, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation for better furnishing the nauy , and shipping of the realme , with able and skilfull mariners . whereas the most excellent , high and mighty prince , king iames , of most noble and blessed memorie , our most deare and royall father , out of his princely and prouident care of the safety and honour of his kingdomes and people , and for the continuance and maintaining of the nauigation of this realme , and to the intent that skilfull mariners , and sea-faring men might be alwaies in readinesse , to furnish , as well his owne royall nauie , as the shipping of his louing subiects , did by proclamation , dated the sixth day of august , in the twentieth yeere of his raigne , straitly inhibite and forbid , that no mariner , or sea faring man , ship-wright , or ship-carpenter whatsoeuer , beeing his subiect , should , without expresse licence of himselfe , or his admirall of england , enter or attempt , or goe about to enter into the seruice of any forraine prince , or state , or be employed out of this realme , in any seruice whatsoeuer , vnlesse it were in the seruice of the said late king , our most deare father , or of some of his liege subiects : and did afterwards by a later proclamation , dated the seuen and twentieth day of february then following , further straitly charge and command . that no mariner , or sea faring man should absent , hide , or withdraw himselfe from his late maiesties seruice or prests , and that all such persons hauing prest-money giuen , or tendered vnto them , should duetifully , and reuerently receiue the same , and repaire aboard the ships appointed , and continue in that seruice , as to the duty of good subiects appertained , and not withdraw themselues , or depart there-from , without speciall licence : and did lately by another proclamation , bearing date the twentieth day of this instant moneth of march , likewise straitly inhibite and forbid . that no owner or master of any ship or vessell , nor any other , setting foorth any vessels of trade , fishing , or otherwise , should hire , or entertaine any mariner , or sea-faring man , knowing him to haue offended against either of the said proclamations : and if such owner , or other person not knowing of the said offences , should hire or entertaine any such offender or offenders , did will and command , that foorthwith , vpon notice of any the sayd offences , they should deliuer such offenders ouer vnto the next iustice of peace , maior , bailiffe , constable , or other officer , to be imprisoned , vntill the sayd offenders should giue sufficient bond and caution , for their foorth-comming and appearance , in such court , or place of iustice , vnto which it might appertaine , to haue them proceeded against and punished , according to their demerits , and withall , that the sayd masters , owners , and other persons , should forbeare to pay to the sayd offenders any wages . and did further thereby straitly charge and command all lieutenants , deputy-lieutenants , iustices of peace , maiors , bayliffes , constables , customers , comptrollers , searchers , and officers , aswell of the admiralty , as of the ports , and also all and euery person and persons , to whom any commission , deputation , or letters of assistance should be directed , for the presting of mariners , and seafaring men for publique seruice , that they should from time to time vse all possible diligence , and indeauour , to apprehend , and cause to bee apprehended , aswell all such mariners and sea-faring men , offending , as aforesaid , as also all such owners , masters , and others , as should entertaine or hire them , or pay them any wages , or otherwise helpe them to escape the hands of iustice ; and such as they should apprehend , they should , with certificate of their names and offences , binde ouer to appeare before the commissioners of his maiesties nauie , in london , to be by them committed , and deliuered ouer to the ordinary course of iustice , either in the court of starre-chamber , or of the admiralty , or otherwise , as the quality of the offence should require , with speciall charge and commandement to all prest masters , and their assistants , that they should publish the names of all such , as should bee prested by them in the ports where they should be taken , as also deliuer a note of their names to the officers of the ports , and others who were fittest to discouer them , if they should faile in the performance of their duties , as in and by the said seuerall proclamations more at large appeareth . now we , hauing taken the premisses into our princely consideration , and aduised seriously thereof with our priuy councell , finding how necessary it is , both for the safety and honour of this our kingdome and state , that all the seuerall proclamations before mentioned should bee put in due execution , for preuenting and suppressing the manifold abuses , contempts , and neglects heretofore committed in seruices of so weighty consequence ▪ doe hereby straitly charge and command , that all the said proclamations , and euery branch and article therein conteined , bee continued at all times hereafter , and be from time to time hereafter carefully obserued , and put in exact execution , as fully , and effectually , as the same should , or might haue bene in the life time of our said deare father , vpon the paines and penalties specified in the said proclamations , and such further punishments , as by our lawes or prerogatiue royall may be inflicted vpon the offenders : letting all our louing subiects hereby know , that , as our said most deare and royal father , in the publishing of the last of the said proclamations , had a gracious eye vnto the special seruice then intended , and to be now shortly performed ; so we rest assured , that none of our said subiects in the aduancement thereof ( so much concerning the safety of our kingdomes and our imperiall crowne and dignity ) wil be wanting to doe their vttermost in making us such a supply , as may giue testimony of their extraordinary care , faithfulnes , and dutifull affection towards us , who had much rather haue cause to expresse our gracious acceptance thereof at their hands , then be enforced to any other course , which the necessity and importance of our seruice will otherwise require . giuen at our court at saint iames , the one and thirtieth day of march , in the first yeere of our reigne of great britaine , france , and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxv . <?xml-stylesheet href='xml htm.xsl' type='text/xsl'?> <?xml version=' . 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-a- " xml:id="a - -a- -n"> <label>a - -a- </label> <sic>hibl●</sic> <seg>obron his royall progresse makes , to</seg> <corr>hibla</corr> <seg>, where he gives , and takes presents ,</seg> </note> <note target="a - -a- " xml:id="a - -a- -n"> <label>a - -a- </label> <sic>daffa downe</sic> <seg>bowers , with violets , roses , eglantine ,</seg> <corr>daffadowne</corr> <seg>, and blew columbine , hath forth the bosome</seg> </note> </div> </back> </text> </tei> to the honourable, the commons of england in parliament assembled[.] the humble petition of abel carew, an excluded door-keeper from this honourable house carew, abel, th cent. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honourable, the commons of england in parliament assembled[.] the humble petition of abel carew, an excluded door-keeper from this honourable house carew, abel, th cent. sheet ([ ] p.) s.n., [london : ?] wing reports date of publication as: c. . copy filmed at umi microfilm early english books - reel cropped at edge, with slight loss of text. reproduction of original in the harvard law school library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng carew, abel, th cent -- early works to . england and wales. -- parliament. -- house of commons -- history -- early works to . broadsides -- england - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honourable , the commons of england in parliament assemble●… the humble petition of abel carew , an excluded door-keeper from this honourable house . humbly sheweth , that if your petitioner had nothing to have help'd himself , and had no● met with some friends that employed him in writing , by which he made a shift to live , he might have starv'd for want of relief , in reference to his place , ever since their majesties came to the crown ; for a poor mans employment in reference to his livelyhood is as much to him as a rich mans employment or estate of a thousand a year is to him , isa . . . so that there is a right belongs to the poor 〈◊〉 to well as the rich ▪ but that which is above all , your petitioner is for all men to render unto cesar the things that are cesars , and unto god the things that are gods ; and accordingly as the kings honour is in the whole nation , so that whatsoever all the protestants in england can do for the king and queen , it is not comparable to that inestimable kindness of the king and queens most excellent majesties , in securing and preserving the protestant religion against popery , &c. and as the convention parliament denyed the popes supremacy upon their coronation of king william and queen mary ; so your petitioner is for all the protestants in england to be unanimous in their denyal of the popes supremacy , and acknowledg king william and queen mary to be supreme : but your petitioner was never against making a gratification for any kindness that he receiv●s , as considering the words of king solomon , prov. . a mans gift maketh roome for him , and bringeth him before great men ; and accordingly your said petitioner ●aving now presented your honours with the aforesaid vindication of the protesta●t religion , or of the innocency of the martyrs against popery , &c. as being the best of gifts , so he hopes it will obtain for him the favour , benignity and benevolence of all you● honours above and before any thing of a sum of money in buying and selling of plac●s , and your said petitioners vindication of the protestant religion , or of the innocency of the martyrs , against popery , &c. is all the offence that he has comm●tted against any person , and is the only cause of your said petitioners being kept out of his door-keepers place belonging to this honourable house , by the late serjeant at arms deceas'd , as having yet had no relief ever since their majesties came to the crown , and if it is in the power of any officer , attending the service of this honourable house to restore your said petitioner either sor money or without money , how much more is it in all your honours power to restore and continue him in his said doorkeepers place , upon his vindication of the protestant religion , or of the innocency of the martyrs against popery , &c. but what partiallity is this , that if a man gives a sum of money for a place , and afterwards shall be turn'd out of it , and can have no justice shewed him for his money , how will that be look'd upon to be , as bad as picking of a man's pocket , but as the martyrs suffered greater injustice then picking of a man's pocket , so certainly the innocency of the martyrs in reference to the protestant religion ought to be regarded . therefore your petioner prostrates himself to all your honours mercies , praying for all your honours commiseration ( in your zeal for the innocency of the martyrs , or for the protestant religion against popery ) to restore and continue him in his door-keeper's place , and your petitioner doth now hope that no person of quality whatsoever and worthy member of this honourable house that were formerly his friends will now be against him ; for true liberallity and beneficence is 〈◊〉 to the innocency of the martyrs , grocers-hall, london, august . . at the committee appointed by ordinance of parliament, for raising and maintaining of horse and foot, for the garrison of glocester, and for the counties of glocester, hereford, monmouth, glamorgan, brecknock, and radnor. england and wales. parliament. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing a ab). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing a ab estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) grocers-hall, london, august . . at the committee appointed by ordinance of parliament, for raising and maintaining of horse and foot, for the garrison of glocester, and for the counties of glocester, hereford, monmouth, glamorgan, brecknock, and radnor. england and wales. parliament. sheet ([ ] p.) s.n., [london : ] caption title. initial letter. place and date of publication suggested by wing ( nd ed.). reproduction of original in: universität göttingen bibliothek. eng england and wales. -- army -- appropriations and expenditures -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england -- th century. b r (wing a ab). civilwar no grocers-hall, london, august . . at the committee appointed by ordinance of parliament, for raising and maintaining of horse and foot, england and wales. parliament f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion grocers-hall , london , august . . at the committee appointed by ordinance of parliament , for raising and maintaining of horse and foot , for the garrison of glocester , and for the counties of glocester , hereford , monmouth , glamorgan , brecknock , and radnor . gentlemen , we have formerly desired your assistance for glocester , and the counties above mentioned ; and understand , that in some parishes our letters have not been publikely read ; in some , subscriptions have been taken , and the money not collected ; in some , collections made , and the money not brought in ; and in others , neither subscriptions , nor collections , where the letters have been read . what should be the cause of such backwardnesse in so good a work , ( as is the stopping of supplies to the enemy , the opening of trade from the west , the hope of reducing south wales to the king and parliaments obedience ; but especially the promoting of the gospel in those blinde and ignorant countreys ) we cannot apprehend . and because some malignants , as we are informed , have reported , that we have mis-imployed what hath already been brought in ; we give this just accompt of the carefull managing of the contributions already received , ( being not above l. except the subscriptions of some of the committee , ) that besides . case of pistols , . saddles , . muskets , and . barrels of gun-powder , we sent down . horse compleatly furnished , with a fortnights advance , both to officers and troopers , who seasonably coming to colonell massey , governour of glocester , with other of his forces , and the assistance of the countrey , did by the blessing of god , give a great defeat to the enemy at red marley , the particulars whereof , we presume , cannot be unknown unto you . yet we must acquaint you , that if further supplies come not timely to that worthy colonell , he will not be able to draw into the field , nor act more then the defensive part . the grand question, concerning the bishops right to vote in parliament in cases capital stated and argued, from the parliament-rolls, and the history of former times : with an enquiry into their peerage, and the three estates in parliament. stillingfleet, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the grand question, concerning the bishops right to vote in parliament in cases capital stated and argued, from the parliament-rolls, and the history of former times : with an enquiry into their peerage, and the three estates in parliament. stillingfleet, edward, - . [ ], p. printed for m.p., and sold by richard rumball ..., london : . reproduction of original in the university of illinois (urbana-champaign campus). library. attributed to edward stillingfleet. cf. nuc pre- . table of contents: p. [ ] created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- rules and practice. church of england -- bishops -- temporal power. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion the grand question , concerning the bishops right to vote in parlament in cases capital , stated and argued , from the parlament-rolls , and the history of former times . with an enquiry into their peerage , and the three estates in parlament . london , printed for m. p. and sold by richard rumball book-binder , at the ball and coffin in the old change , . the contents . chap. i. the question stated ; and general prejudices removed . chap. ii. the right in point of law debated . concerning the constitution of clarendon , and the protestation . r. . chap. iii. the precedents on both sides laid down : those against the bishops examined and answered . chap. iv. the peerage of the bishops cleared ; how far they make a third estate in parlament . objections against it answered . chap. . the question stated ; and general prejudices removed . the question in debate , as it is stated by the authour of the letter , is , whether the bishops may be present and vote iudicially in capital cases , which come to be judged in parlament , either in giving the iudgment it self , or in resolving and determining any circumstance preparatory and leading to that iudgment ? for our better proceeding towards a resolution of this question , it will be necessary to take notice of some things granted on both sides , which may prevent needless disputes , and be of great use in the following debate . . it is granted , that the bishops do sit in parlament by virtue of their baronies , and are bound to serve the king there . and one part of the service due to the king there , is to sit in iudgment : for the authour of the book entitled , the iurisdiction of the house of peers asserted , proves at large , that the right of iudicature belongs to the barons in parlament ; and that the lords spiritual have a considerable share therein , appears by this passage , in the title-page of that book , translated into english. the iudgment of the lords spiritual and temporal is according to the vse and custom of parlament . the vse and custom of parlament is the law of parlament . the law of parlament is the law of england . the law of england is the law of the land. the law of the land is according to magna charta . therefore the iudgment of the lords spiritual and temporal is according to magna charta . some right then of iudicature in parlament the bishops have by magna charta : which , whatever it be , is as much theirs by that charter as any right of temporal persons ; and cannot be invaded or taken from them without breach of that charter , any more then the rights of the lords temporal , or of any other persons whatsoever . but how far that right doth extend , is now the thing in question . . it is not denied , that the bishops do sit in parlament by the same kind of writs that other barons do . they are summon'd to advise and debate about the great and difficult affairs of the kingdom ; cum praelatis , magnatibus & proceribus dicti regni nostri angliae colloquium habere & tractatum ; i. e. to joyn therein with the bishops and other lords of the kingdom . so that by the king 's writ of summons they are impower'd and requir'd to confer and treat of all the weighty affairs that shall be brought before them . and no instance is so much as offer'd to be produced of any writ wherein the king doth limit and restrain the bishops , any more then any other lords of parlament , as to any matter of consultation , or point of judicature , belonging to that house . they have then by their writ of summons as good right to sit in all cases , as in any : and since the other lords by their writs are summoned to advise with the prelates in all matters that shall come before them , without limitation , it is not to be conceived how this can be done , if the bishops in some of the most important debates be excluded . . it is yielded , that if the house proceeds in a legislative way by passing bills of attainder , the bishops have a right to sit and vote therein as well as other lords : at these it is said , that the bishops are or should be all present at the passing of them , for then they act as members of the house of lords in their legislative capacity . but men do as certainly die that are condemned in the legislative , as in the iudicial way . is not this then really as much a case of bloud as the other ? if the bishops should give their votes in the legislative way to condemn a person for treason , and yet think they had not voted in a case of bloud ; they would then indeed be like chaucer's frier , mention'd by the authour of the letter , that would have of a capon the liver , and of a pig the head , yet would that nothing for him should be dead . doth a bill of attainder cut of a man's head without making it a case of bloud ? there can be then no objection now made against the bishops right from any canons of the church ; for those allow no such distinction of proceeding in the legislative , or iudicial way . and the late authour of the peerage and iurisdiction of the lords spiritual doth grant , that the canons do prohibit the bishops voting in bills of attainder , as much as in any case whatsoever . but we are not to suppose a person of such abilities as the authour of the letter , would go about to exclude the bishops from their right of voting in a iudicial way in cases capital , unless there were some great appearance of law on his side ; because he professes so great a desire that right may prevail ; and that his design in writing was , to satisfy himself and others where that right is . the discovery whereof is our present business . yet before the authour of the letter comes to a close debate of the matter of right , he lets fall some general insinuations to create a prejudice in the reader 's mind , as to the bishops meddling at all in secular affairs , as though it were inconsistent with their function , and with some passages in the imperial law. and because men may sometimes doe more harm by what they tell us they will not say , then by what they do say ; it will be fit to prevent the danger of such insinuations , before we come to consider his arguments . . the first is , that meddling at all in secular affairs seems to be the doing that which the apostles declared they would not doe , viz. leave the word of god , and serve tables . but are all persons of estates now bound to part with them , as the christians then did ? the serving of tables was a full employment ; and they who attended that office were the treasurers of the church , to distribute to every one as they judged fit , out of the common stock . is it no service to god , to doe justice , and to shew mercy ? to attend upon the publick affairs of the kingdom , when they are called to it by their sovereign ? or are all bishops now in the same circumstances the apostles were when the christian church was to be planted in the world , and so few persons as the apostles made choice of for that work ? is there no difference to be made between a church constituted and settled and incorporated into the commonwealth , and one not yet formed , but labouring under great difficulties , and making its way through constant persecutions ? may it not be as well argued , that bishops are not to stay in one countrey , nor to have any fixed habitation , because the apostles passed from place to place preaching the word of god ? doth not the authour of the letter himself confesse , that the clergy are one of the three estates of the kingdom ? and by the act eliz. . the clergy are called one of the greatest states of this realm . and is there not then great reason , that those who are the chief part of it , as he confesseth the bishops to be , should have a share in affairs that concern the whole nation ? and would it not seem strange to the christian world , that we alone of all the kingdoms of europe should exclude the bishops from having an equal interest with the other estates in parlament ? for it were easy to prove from unquestionable testimonies , that as soon as the christian religion was well settled in any of these northern kingdoms , the bishops were admitted into all the publick councils : and have so continued to this day , where the convention of the estates hath been kept up ; bohemia onely excepted since the days of sigismond . i begin with france , where hincmarus saith , there were two great councils every year : one of the states of the kingdom , for ordering the affairs of the ensuing year , and redressing of grievances ; and in these the bishops were always present : and the other of the king's council , which managed the intervening affairs ; and into this the chief of the bishops were chosen . it were endless to repeat the several parlaments in france in the time of the merovingian and caroline race , wherein laws were passed , and the great affairs of the kingdom managed by the bishops , noblemen , and others . those who have looked into the ancient annals and capitulars of france , cannot be ignorant of this . there is one thing remarkable to our purpose in the famous council of frankford , which opposed the worship of images so stoutly , viz. that after the matters of religion were agreed , then , according to the custom of that age , the other estates being present , they proceeded to other matters : and then tassilo duke of bavaria was brought upon his knees for treason ; and the cause of peter bishop of verdun was heard , who was likewise accused of treason , and there purged himself . concerning both which cases there are canons still extant among the canons of that council : and in another , the bishops are appointed , by consent of the king , to doe justice in their several dioceses . and that they had not onely a share in the legislative , but in the iudiciary part , appears by one of the ancient formulae in marculphus , where it is said , that the king sate in judgment unà cum dominis & patribus nostris episcopis , vel cum plurimis optimatibus nostris ; ( vel , in the language of that age , is the same with & . ) this was the palatine court , where bignonius saith the greater causes were heard , the king himself being present , ( or the comes palatii , ) episcopis & proceribus adsidentibus , the bishops and lords sitting in iudicature together with him . and this was not onely the original of the parlament of paris , as a standing court of iudicature ; but the like in england was the true foundation of the supreme court of iudicature in the house of peers . so that in the eldest and best times of france , after christianity had prevailed there , neither consultation about publick affairs , nor administration of justice were thought inconsistent with the function of bishops . in spain , during the gothick power , all the great affairs of the kingdom , and even the rights of their princes , were debated and transacted by the greatest of the clergy and nobility together ; as may be seen in the several councils of toledo in that time , in the case of suintilas , sisenandus and others . and in one of them it is said , that after they had dispatched matters of religion , they proceeded ad caeterarum causarum negotia , to the handling of other causes . in the . council of toledo , the case of impeachments of treason is brought in ; and rules set down for due proceedings therein . and yet from one of these councils of toledo it is , that all the stir hath been made in the canon-law about bishops not being present in cases of bloud . in germany , the first laws that were ever published were those by lotharius ii. in comitiis regni , saith goldastus ; and there were present bishops , dukes , counts , besides the people . and by the matriculation-roll of the states of the empire , it appears what a great interest the clergy have preserved ther in from the first times of the prevalecy of christianity there . and arumaeus , a considerable protestant lawyer of the empire , saith , the bishops of germany sit in a double capacity in the diets , both as bishops , and as princes of the empire . and he commends the prudence of that constitution with respect both to iustice , and the honour and safety of religion . for the kingdom of bohemia , goldastus , a learned protestant , saith , that there , as in all other well-constituted kingdoms among christians , there were estates , of prelats , nobles , and commons ; and this continued , he saith , from the time christianity was received , till the days of sigismond . no sooner was christianity received in hungary , but their princes , stephanus and ladislaus , called their great councils of their prelats and nobles : and the laws made in the concilium zabolchianum were passed by the king , with all his bishops and nobles , and with the consent of the whole clergy and people . in poland , starovolscius saith , that their ancestours , after they received christianity , out of regard to religion , gave the bishops the first place in the senate ; and admitted the clergy to the great offices of the kingdom . and sigismond in his constitution saith , the states of poland consist of the bishops , barons , and delegates , called nuntii terrestres . in the northern kingdoms , adamus bremensis saith , that the bishops , after the people received christianity , were receiv'd into their publick councils . and loccenius reckons up among the several estates , the bishops , nobles , knights , and deputies of the country and cities . and it appears by the hirdstraa , or the ancient laws of norway , the bishops as well as nobility were present in the convention of the states , and all publick councils . the like might be proved here in the saxon times , from the conversion of ethelbert downward . this is so very evident , that he must blind his eyes that doth not see it , if he doth but cast them on the history of those times . these things i have laid together with all possible brevity and clearness , that in one view we may see a consent of all these parts of the christian world , in calling bishops to their publick councils , and most solemn debates ; and how far they were from thinking such imployments inconsistent with their sacred function , and charging them , that thereby they left the word of god to serve tables . neither can this be looked on as any part of the degeneracy of the church , or the policy of the papacy ; since , as the fore-cited arumaeus saith , they were admitted to this honour before the papal power was advanced ; and were so far from carrying on the pope's designs , that they were , in most countries , the greatest opposers of them . and when the popes began to set up their monarchy , their business was , to draw them off from meeting in these councils , under several pretences of cases of bloud , and other things ; the better to keep them in a sole dependency on themselves . as will appear by the following discourse . . the next thing suggested is , that the imperial law doth forbid clergy-men having any thing to doe with secular matters . and for this a rescript of honorius and theodosius is mentioned , and a decree of iustinian . to which i answer , . the imperial edicts are not the law of england . our dispute is about a right by our own laws ; which a rescript of honorius and theodosius can neither give nor take away . what would become of the whole frame of our government , and of our just rights and properties , if the producing of imperial edicts would be sufficient to overthrow them ? when the bishops once pleaded hard in parlament in behalf of an imperial constitution , lately adopted into the canon-law , the answer given by all the temporal lords was , nolumus leges angliae mutare , quae huc usque usitatae sunt & approbatae . they did not mean , they would make no alterations in parlament , for that very parlament did so in several things : but their meaning was , as mr. selden observes , that they owned neither canon nor imperial laws here , any farther then they were agreeable to the laws of the land. . the imperial constitutions do give liberty to church-men to have to doe in secular affairs . the emperour constantine , whose constitutions deserve as great regard as those of honorius and theodosius , to shew his respect to the christian religion , permitted all men to bring their causes before the bishops , without ever going to the other tribunals , as sozomen , a lawyer of constantinople , relates . and this is the true foundation of the constitution de episcopali iudicio ; as gothofred confesseth . which is at large inserted into the capitulars , with a more then usual introduction ; and made a law to all the subjects of the empire , franks , saxons , lombards , britons , &c. and therefore is more considerable to these parts then a bare rescript of honorius and theodosius . and yet , these very emperours , in a constitution of theirs , do so far ratifie the judgment of bishops upon trial by consent before them , that no appeal doth lie from their decree . what rescript then is this of theirs which so utterly forbids clegy-men having any thing to doe with publick functions , or things appertaining to the court ? i suppose that constitution of honorius is meant , which confines the bishops power to what concerns religion ; and leaves other causes to the ordinary judges and the course of law. but two things are well observed by iac. gothofred concerning this rescript of honorius : . that it is meant of absolute and peremptory judgment without appeal ; . that whatever is meant by it , not many years after , this constitution was repealed by honorius himself , and the bishops sentence made as absolute as before . so that honorius is clearly against him , if a man's second judgment and thoughts be better . . the practice of the best men in those ages shews , that they thought no law in force to forbid church-men to meddle in secular affairs : as might be at large proved from the practice of gregory thaumaturgus and s. basil in the east ; of silvanus bishop of troas , of s. ambrose , s. augustine , and others of the greatest and most devout church-men of those times . and s. augustine was so far from thinking it unlawfull , that in his opinion s. paul commanded the bishops to doe it . constituit enim talibus causis ecclesiasticos apostolus cognitores . and the learned gothofred of geneva saith , mos hic frequens & legitimus eundi ad iudices episcopos . it was then a common and legal practice to go to bishops as to their iudges . which would never have been , if there had been a law in force to forbid bishops meddling in secular affairs . . the emperours still reserved to themselves the power of dispensing with their own rescripts , and the canons of the church . therefore the council of sardica , when it prohibits bishops going to court , excepts the princes calling them thither . upon which balsamon hath this note ; that although the canons prohibit , yet if the emperour commands , the bishops are bound to obey , and to doe what he commands them ; without any fault either in the emperour or them . and in other places he asserts the emperour's power of dispensing with the strictest canons against church-mens meddling in secular affairs : thence he saith , the metropolitan of side was chief minister of state under michael ducas ; and the bishop of neocaesarea made the laws of the admiralty for greece . and the glosse upon iustinian's novells observes , that bishops may meddle with the affairs of the commonwealth , when their prince calls them to it . and this is the present case ; for the bishops are summon'd by the king 's writ to serve him in the publick council of the nation : and therefore no imperial rescript , if it were of force in england , could have any in this case , which was allowed by the imperial laws themselves . . there is a great mistake about iustinian's decree . for the bishops are not so much as mention'd in it ; but the defensores ecclesiarum ; who were lawyers , or advocates of the church : as appears by a constitution of honorius ; where gothofred proves they were not so much as in orders . it is true , iustinian doth appropriate the probat of wills to the master of his revenue ; but the law and custom of england , as lindwood observes , hath alter'd that constitution : and which must we regard more , iustinian , or our own laws ? i find one thing more suggested by way of prejudice to the cause in hand , viz. the common law of england , which hath provided a writ upon a clergy-man's being chosen an officer in a mannor , saying it was contra legem & consuetudinem regni , & non consonum . the argument had been altogether as good , if it had been taken from a minister of a parish not being capable of the office of constable ; and it had as effectually proved that clergy-men ought not to meddle in secular affairs . chap. ii. the right in point of law debated . concerning the constitution of clarendon , and the protestation r. . having removed these general prejudices , i now come to debate more closely the main point . for the authour of the letter undertakes to prove , that bishops cannot by law give votes in capital cases in parlament . which he doth two ways : . by statute-law ; . by use and custome , which he saith is parlament-law : and for this he produceth many precedents . i. for statute-law ; two ratifications , he saith , there have been of it in parlament ; by the constitutions of clarendon , and the r. . . the constitutions of clarendon ; which he looks on as the more considerable , because they were not the enacting of new laws , but a declaration of what was before . and for the same reason i value them too , and shall be content this cause stand or fall by them . the constitution in debate is the th , which is thus repeated and translated in the letter . archiepiscopi , episcopi , & universae personae regni qui de rege tenent in capite , habeant possessiones suas de rege , sicut baroniam , & inde respondeant iusticiariis & ministris regis , & sequantur & faciant omnes consuetudines regias : et sicut ceteri barones , debent interesse judiciis curie regis , quousque perveniatur ad diminutionem membrorum , vel ad mortem . the archbishops , bishops , and all the dignified clergy of the land that hold of the king in capite , shall hold their possessions from the king , as a barony , and answer for their estates unto the king's iustices and ministers , and shall observe and obey all the king's laws : and together with the other barons , they are to be present at all iudgments in the king's courts , till it come to require either losse of member or life . the argument from hence he enforceth from the solemn recognition and publick confirmation of these constitutions , and the oath taken to observe them ; from whence he concludes this to be testimonium irrefragabile , an irrefragable and invincible testimony . and so i foresee it will prove , but to a quite contrary purpose from what he intended it . the whole question depends upon the meaning of the latter clause of this constitution . the meaning he gives of it is this , that the prelats of the church should not be present at the iudgments given in the king's courts when losse of member or life was in question . the meaning of it i conceive to be this , that the bishops are required to be present in the king's courts as other barons are , till they come to give sentence as to dismembring , or loss of life . whether of these is the true meaning is now to be considered : and that will best be discovered these three ways . . by the occasion . . by the plain sense of the words according to their true reading . . by the subsequent practice upon this constitution in the parlament at northampton soon after . . by the occasion . the authour of the letter assigns that occasion for this constitution , for which there is not the least colour ; viz. that the prelats of that time were ambitious of a kind of omnipotency , ( in judicature i suppose he means , ) and that to restrain their power of judging capital cases this constitution was made : and because this seemed to be a diminution of their power , therefore matt. paris ranks it among the consuetudines iniquas , the wicked customs of the former times . for all which there is not the least shadow of proof ; besides that it is so repugnant to the history of those times , that i can hardly believe a person of so much learning and judgment , as is commonly said to be the authour of the letter , could betray so much unskilfulness in the affairs of those times . for this is so far from being true , that the bishops did then affect such a power of iudging in all secular causes , that they looked on their attendance in the king's court in the trial of causes , as a burthen which they would fain have been rid of ; because they accounted it a mark of subjection to the civil power , and contrary to that ecclesiastical liberty , or independency on princes , which from the days of gregory vii . they had been endeavouring to set up . which h. ii. being very sensible of , resolved to tie them to the service of their baronies , and to an attendance on the king's courts together with other barons . but lest they should pretend any force on their consciences , as to the canons of the church , this constitution doth not require , but suffers them to withdraw , when they came to sentence in matters of bloud . and that this was the true occasion , i prove by these two invincible arguments . . by the complaint which they made of the baronies , as too great a mark of subjection to the civil power . this is plain from matt. paris himself , to whom the authour of the letter refers : for when he speaks of william the conquerour's bringing the temporalties of the bishops into the condition of baronies , i. e. forcing them to hold them of him in chief upon certain duties and services , he calls it constitutionem pessimam , a most wicked constitution ; just as he calls the customs of clarendon consuetudines iniquas , wicked customs . and he adds , that many were banished rather then they would submit to that constitution . for their privileges were so great with the frank-almoign they enjoy'd in the saxon times , and their desires so hearty ( especially among the monks , who from edgar's time had gotten into most cathedral churches ) to advance the papal monarchy , that they rather chose to quit all , then to give up the cause of the churche's liberty by accepting of baronies . therefore matt. paris calls the rolls that were made of the services belonging to these baronies , rotulas ecclesiasticae servitutis , the rolls of ecclesiastical slavery ; then which nothing could be more contrary to that ecclesiastical liberty which was then setting up by pope hildebrand . and to put this out of all dispute , petrus blesensis , a name well known in this dispute , in that very book where he complains of the bishops hypocrisy about cases of bloud , in being present at hearing and trying causes , but going out at sentence , complains likewise of their baronies , as those which gave occasion to that hypocrisy , and as the marks of the vilest slavery . et in occasione turpissimae servitutis seipsos barones appellant . they may think it an honour to be called the king's barons , but he accounts it the greatest slavery ; and applies that place of scripture to them , they have reigned , but not by me ; they are become princes , and i know them not . now pet. blesensis lived in the time of h. ii. and knew the whole proceedings of the constitutions of clarendon , and was a zealous maintainer of becket's cause , or , which was all one , of the liberties of the church , as they call'd them , against the civil power . . by the fierce contest between the civil and ecclesiastical power , about the liberties of church-men . this was carried on from the time that william i. brought them into subjection by their baronies : his sons stood upon the rights of the crown ; whilst anselm and his brethren struggled all they could , but to little purpose , till after the death of h. i. then stephen , to gratifie the great prelates , by whose favour he came to the crown , yielded all they desired : but he soon repented , and they were even with him for it . malmsbury takes particular notice , that he yielded they should have their possessions free and absolute ; and they promised onely a conditional allegeance to him , as long as he maintained the liberties of the church . when k. stephen broke the canons , as they said , by imprisoning bishops , the bishop of winchester and his brethren summon'd him to answer it before them in council ; and there declared , that the king had nothing to doe with church-men , till the cause was first heard and determined by themselves . all his time , they had no regard to his authority , when it contradicted their wills : and when the peace was made between him and h. ii. radulphus de diceto takes notice that the power of the clergy increased by it . in this state h. ii. found things , when gul. neuburgensis saith , the great business of the church-men was to preserve their liberties . upon this the great quarrel between him and becket began : this made the king search what the rights of the crown were which his ancestours challenged ; to these he was resolved to make becket and his brethren submit . for this purpose the parlament was called at clarendon , and after great debates the constitutions were produced ; which were those the king was resolved to maintain , and he made the bishops as well as others swear to observe them . now when the rest of them relate to some exemptions and privileges which the church-men challenged to themselves , about their courts , excommunications , appeals , and such like , and which the king thought fit to restrain them in ; ( from whence in becket's epistles it is said , those constitutions were framed ad ancillandam ecclesiam , to bring the church in subjection , as baronius shews out of the vatican copy . and fitz-stephen saith , all the constitutions of clarendon were for suppressing the liberty of the church , and oppressing the clergy : i say , considering this , ) is there not then great reason to understand this th . constitution after the same manner : viz. that notwithstanding k. stephen's grant , h. ii. would make them hold by baronies , and doe all the service of barons in the king's courts , as other barons did ; and he would allow them no other privilege , but that of withdrawing when they came to sentence in a case of bloud ? what is there in this sense , but what is easy and natural , and fully agreeable to the state of those times ? whereas there is not the least foundation for the pretence of the bishops affecting to be present in all causes , which the king must restrain by this constitution . this sense of it is not onely without ground , but is absolutely repugnant to all the history of that age. for if this constitution was intended to restrain the bishops from trying causes of bloud , then the bishops did desire to be present in those causes , and the king would not suffer them . whereas it is evident that the bishops pretended scruple of conscience from the canons , that they could not be present ; but in truth stood upon their exemption from the service of barons , which they call'd ecclesiastical slavery . and therefore that could not be the sense of the constitution , to restrain them in that which they desired to be freed from , and which by this constitution of clarendon was plainly forced upon them against their wills . for lanfranc had brought the canon of the th . council of toledo into england , that no bishop or clergy-man should condemn a man to death , or give vote in the sentence of condemnation : at which council were present archbishops , bishops , and abbots . and before h. ii ' s time this canon of toledo was received into the body of the canon-law , made by ivo , burchardus , regino , and gratian who lived in the time of k. stephen : and when they saw such a canon so generally received , is there not far greater reason to think they desired to withdraw , then that they should press to be present , and the king restrain them ? but the constitution is so framed on purpose , to let them understand , that the king expected in all iudgments they should doe their duty , as other barons : but lest they should think he purposely designed to make them break the canons , he leaves them at liberty to withdraw when sentence was to be given . so that i can hardly doubt but the authour of the letter , if he please calmly to reflect upon the whole matter , will see reason to acknowledge his mistake ; and that this constitution was so far from intending to restrain the bishops from all iudicature in cases of bloud , that , on the contrary , it was purposely framed to oblige them to be present , and to act in such causes as the other barons did , at least till the cause was ripe for sentence : which last point the king was content to yield to them , out of regard and reverence to the canons of the church . for the words of the law are not words of prohibition and restraint from any thing , but of obligation to a duty ; which was , to be present and serve in the king's courts of iudicature , in like manner as the other barons did . from all which it is evident , i think , beyond contradiction , that the occasion of this law was not the ambition of the prelates , ( as the authour of the letter suggests ) to thrust themselves into this kind of iudicature ; but an ambition of a worse kind , ( though quite contrary ) viz. under a pretence of ecclesiastical liberty and privilege , to exempt themselves from the service of the king and kingdom , to which by virtue of their baronies they were bound , sicut caeteri barones , as well as the other barons . and therefore it is so far from being true , that the bishops exercise of this iurisdiction together with the temporal lords is a relique of popery , and one of the encroachments of the clergy in those times of ignorance and usurpation , as some well-meaning protestants are now made to believe ; that , on the contrary , the exemption of the clergy from this kind of secular iudicature was one of the highest points of popery , and that which the pope and his adherents contested for with more zeal then for any article of the creed . this was one of those privileges which thomas becket said christ purchased for his church with his bloud , and in the obstinate defence whereof against the king he himself at last lost his life . and now to put the matter beyond all doubt , i appeal to any man skill'd in the history of those times , whether thomas becket opposed the constitutions of clarendon to the death , and broke the oath he had taken to observe them , because by them ( among other things ) the bishops were excluded from iudicature in cases of bloud ; or for the quite contrary reason , ( among others ) because this service of the king in his courts , impos'd on them by virtue of their baronies , was look'd upon by him as a violation of the privileges of the church , and a badge of ecclesiastical slavery , which by all means he desir'd to cast off . and if the latter be the true reason , i leave it to the impartial reader , and even to the authour of the letter himself upon second thoughts , whether he have not widely mistaken both the occasion and meaning of this law. . let us consider the plain sense of the words according to the true reading of them . the authour of the letter hath made use of the most imperfect copy , viz. that in matt. paris ; i cannot tell for what reason , unless it be that in the last clause [ in iudicio ] is there left out , which is put in in the copy extant in gervase , and in the vatican copy , and in several mss. in all which it runs thus , et sicut barones caeteri debent interesse judiciis curiae regis cum baronibus , usque perveniatur in judicio ad diminutionem membrorum , vel ad mortem . now here are two things to be distinguished . . something expresly required of the bishops as to their presence in the king's courts , viz. that they must attend as other barons , and sit together with them : and therefore it is expressed twice ; et sicut caeteri barones , in the beginning of that clause , and cum baronibus , again after , and debent interesse , in the middle . and can any one soberly think , that the meaning of all this is , they must not be present in cases of bloud ? no : the constitution saith , they ought to be present as other barons , and sit with other barons in the trials of the king's courts . and yet the authour of the letter doth ( to speak mildly ) very unfairly represent this constitution , as if it did forbid the prelats to be at all present in the iudgments of the king's courts in cases of bloud ; and that in express words . for , speaking of the constitutions of clarendon , he hath this passage , and one of these constitutions was , that the prelats of the church should not interesse iudiciis curie regis , be present at the iudgments given in the kings courts . whereas this constitution ( as he himself cites it afterwards ) runs thus , debent interesse iudiciis curie regis , quousque , &c. they ought to be present in the iudgments of the king's courts , till it come to loss of members or life . so that this law expresly says , that they ought to be present in the iudgments of the king's courts , till it come , &c. and when it comes to loss of members or life , it doth not say ( as the authour of the letter affirms ) that they should not be present then , nor do the words of the constitution imply any such thing ; but only require ( as i shall evidently make appear ) their presence so far ; and when it should come to sentence , leaves them at liberty to withdraw in obedience to the canons of the church , which they pretended themselves bound in conscience to observe . and this is the true reason why , among the constitutions of clarendon , ( whereof were condemned , tolerated , but none approv'd , by pope alex. iii. ) this . was one of the which escaped with an hoc toleravit , this the pope was content to tolerate ; because in the last clause of it there was regard had to the canons of the church . of this misrepresentation of the constitution under debate , though it might have deserved a more severe animadversion , i shall say no more , because i have no design to provoke the authour or any body else , but onely to convince them . . something allowed to the bishops as peculiar to themselves , viz. that when the court hath proceeded so far in judicio , in a particular trial , ( for before it is iudiciis in general ) that sentence was to be given either as to dismembring , or loss of life , then they are at liberty ; but till then they are required . as , suppose charles v. had required the protestant princes to attend him to masse , as other princes did ; onely when the mass-bell tinckled they might withdraw ; would not any reasonable man understand by this , that they were obliged to their attendance till then ? so it is here : the king commands their attendance till it comes to such a point ; therefore before it comes thither , their presence is plainly required by this constitution . and so in stead of there being a statute-law to exclude the bishops at such trials , there is one to require their presence in judicio , in the proceedings of such a trial , till it comes to sentence . all that can be said in this case is , that the last clause is not to be understood of the sentence , but of the kind or quality of the cause ; i. e. they are to be present in the king's courts , till they come to a cause wherein a man's life or members are concerned . but that this cannot be the meaning will appear . . there is a great deal of difference between quousque perveniatur ad judicium mutilationis membrorum , vel mortis , that might have been understood of a cause of bloud ; and quousque perveniatur in judicio ad mutilationem membrorum , vel ad mortem , for this supposeth a trial already begun , and the bishops present so far in it ; but when it comes to the point of mutilation or death , then they have leave to withdraw . so that this last clause must either be understood of execution , which no one can think proper for the king's courts ; or for the sentence given by the court , which is most agreeable . . the sense is best understood by the practice of that age. for , if the meaning of the constitution had been , they must not be present in any cause of bloud , and the bishops had all sworn to observe it ; can we imagine we should find them practising the contrary so soon after ? and for this i appeal to petrus blesensis , whose words are so material to this purpose , that i shall set them down . principes sacerdotum & seniores populi , licèt non dictent judicia sanguinis , eadem tamen tractant disputando & disceptando de illis ; séque ideo immunes à culpa reputant , quòd mortis aut truncationis membrorum judícium decernentes , à pronuntiatione duntaxat & executione poenalis sententiae se absentent . whereby it is evident that the bishops were present at all debates , and gave votes in causes of bloud ; but they absented themselves from the sentence , and the execution of it . it is true , pet. blesensis finds fault with them for this . but what is that to the law , or to the practice of that age ? i do not question , but pet. blesensis condemned the observation of the other constitutions of clarendon , as well as this ; and in all probability this passage of his was levelled at those bishops who did observe this . constitution . . we have a plain way to understand the meaning of this constitution , by what happen'd soon after in the parlament at northampton , which was summon'd upon becket's obstinacy and contempt of the king's authority : where fitz-stephen saith , he was accused of treason ; and the bishops sate together with other barons ; and because it did not come to a sentence of death , after great debate between the other lords and the bishops about pronouncing the sentence , the bishop of winchester did it . wherein we have as plain evidence as can be desired , that the bishops did sit with the other barons , and vote with them in a case of treason . to this precedent the authour of the letter answers several things . . that none of the ancient historians of those times say any thing of his being accused of treason : and therefore he thinks one may modestly affirm , that it was a mistake in fitz-stephen to say so . but what if h. ii. and becket himself both confess that he was charged with treason ? h. ii. in his letter to reginaldus saith , that by consent of his barons and clergy he had sent ambassadours to pope alexander , with this charge , that if he did not free him from that traitour becket , he and his kingdom would renounce all obedience to him . and becket did not think this a bare term of reproach ; for in one of his letters he saith , that defending the liberties of the church laesae majestatis reatus sub persecutore nostro est , was looked on as treason by the king. and even gervase himself , to whom the authour of the letter appeals , saith , some of his friends came to him at northampton , and told him , if he did not submit to the king , he would be proceeded against as a traitour , for breaking the allegeance he had promised to the king , when he did swear to observe the ancient customs at clarendon . and fitz-stephen saith , the king's council at clarendon said it was treason , or taking the king's crown from his head , to deny him the rights of his ancestours . . that it was a strange kind of treason becket was charged with at northampton , viz. for not coming when the king sent for him ; which at the most was onely a high contempt ; and fitz-stephen , who was a creature of the archbishop's , might represent it so , to draw an odium on the king. and therefore he looks on this as a weak precedent for the bishops to lay any weight upon , being at best out of a blind ms. of an authour justly suspected of partiality , against the tenour of all the ancient writers that give an account of the same business . what truth there is in this last suggestion appears in part already , and will do more by what follows . must all the unprinted records be answered with saying they are blind mss ? i cannot but take notice how unreasonable a way of answering this is . it is like turning of that pressing instance , of the bishops making a proctor in capital cases , by saying it was error temporis ; which because it will answer all instances whatsoever as well as that , is therefore an answer to none . just so it is equally an answer to all mss , to say they are blind ; and to all printed books too , because they were once mss , and , for any thing that appears to the contrary , as blind as fitz-stephen's . for surely no authority is added to a book by its being printed ; unless in the opinion of the common people , who are said to take all for true that is in print . i do not go about to parallel fitz-stephen with parlament-rolls ; but i say , his authority is very good , being present upon the place , and the best we have , of all the proceedings in the parlament at northampton . and if the authour of the letter had taken the pains to peruse him , he would not have contemned the precedent drawn from thence ; which being so near the parlament at clarendon , ( that , as himself confesseth , the one was in february , the other in october following , ) it gives the best light into this matter of any thing in that age ; and being not yet fully printed , it will be worth our while to set it down . mr. selden hath indeed printed very exactly the proceedings of the first iudgment upon becket , about the cause of contempt , for not coming upon the king's summons , at the complaint of iohn the marshall ; wherein the bishops did certainly sit in iudgment upon him with the other barons : but there is a farther strength in this precedent , not yet taken notice of . which is , that after this iudgment passed , becket behaved himself with so great insolency towards the king and the bishops , upon the king's calling him to farther account , for many other things laid to his charge , as diverting the king's treasure , and applying it to his own use , and great accounts to the king while he was chancellour , &c. that the king required him to stand to the iudgment of his court. becket gave a dilatory answer : the king summons the bishops , and earls and barons , to give iudgment against him : the bishops tell the king , becket had appealed to the pope , and prohibited them to give any farther judgment upon any secular complaint against him . whereupon the king sent some earls and barons to him , to expostulate the matter , since he was the king's subject , and had so lately sworn to the constitutions at clarendon ; and to know whether he would give security to the king about making up his accounts , and stand to the judgment of his court. becket refuseth to give answer to any thing , but the cause of iohn the marshall , for which he was summoned to appear ; slights his oath , as contrary to the rights of the church , and confirms his appeal to the pope . and such an owning of the pope's power , in derogation to the rights of the crown , sir edward cook saith was treason by the ancient common law , before any statutes were made . however , the king charges the bishops by virtue of their allegeance , that , together with the barons , they would give iudgment upon the archbishop . they excused themselves on the account of the archbishop's prohibition . the king replied , that had no force against the constitution of clarendon , so lately made and acknowledged by them . the words of fitz-stephen are these : rex , responso archiepiscopi accepto , instat episcopis , praecipiens & obtestans per homagium & fidelitatem sibi debitam & juratam , ut simul cum baronibus de archiepiscopo sibi dictent sententiam . illi se excusare coeperunt per interpositam archiepiscopi prohibitionem . rex non acquievit , asserens , quòd non teneat haec ejus simplex prohibitio contra hoc quod clarendonae factum & initum fuerat . so that h. ii. in the parlament at northampton declared , that bishops were bound , by virtue of the constitution of clarendon , to be present , and to give their votes in cases of treason . and the bishops ' did not deny this , but used prudential arguments to disswade the king from proceeding any farther , the appeal being made ; and that it was for the good of king and kingdom , for them to submit to the prohibition . and the bishop of chichester told becket , he made them go against the constitutions of clarendon , which they had so lately sworn to observe ; in these remarkable words ; quo contra nos venire compellitis , interdicendo , nè ei quod de nobis exigit adesse possumus iudicio . by which we see this constitution is indeed an irrefragable testimony ; but it is to prove that bishops are bound to be present even in cases of treason , when the king summons them . and as to the case of becket's treason , the same bishop told him , it lay in breaking his oath about those constitutions , wherein the rights of the crown were declared . and if this be not treason by the common law , sir edward cook 's preface to his fifth book of reports signifies nothing . the late authour of the peerage and iurisdiction of the lords spirituall takes it for granted , that by the constitution of clarendon the iurisdiction of bishops was limited , that it should not extend ad diminutionem membrorum , vel ad mortem . but the foregoing discourse hath , i suppose , made it evident , that those words contain no limitation , but a privilege or indulgence to them with respect to the canon-law . and he takes very needless pains to prove this to be declarative of the common law ; and that the meeting at clarendon was a full parlament : which are very much besides the business . all that looks towards this matter , is , that he saith , this statute was confirmed by a council at westminster ; for which he cites rog. hoveden's authority . but i wish he had produced the canon entire as he there found it ; for then the sense of it would have been better understood . in this synod at westminster , richard archbishop of canterbury produceth several ancient canons , which he thought fit to be observed here . among the rest , he mentions that of the council of toledo . the words are these : his qui in sacris ordinibus constituti sunt , judicium sanguinis agitare non licet ; here he makes his &c. and leaves out the prohibition which declares the meaning and extent of this canon : vnde prohibemus , nè aut per se membrorum truncationes faciant , aut inferendas judicent ; wherefore we forbid them , either to dismember any persons themselves , or to give iudgment for the doing of it . both which were practised in spain in the time of the council of toledo , which was the occasion of this canon . and then follows the sanction of deprivation if men did otherwise . and what now doth this signifie more to the constitution of clarendon , then that the same canons were now revived , which gave the occasion to that permission of withdrawing , when the sentence came to be pronounced as to dismembring , or loss of life ? but he urges farther about this constitution , that it must be so understood , as to exclude the bishops from all antecedent and praeliminary things which do relate or tend ad diminutionem , &c. or else , saith he , it must be onely the exemption of the prelats from doing the office of executioners , which is non-sense . why so ? though it be not the whole sense of the canon , yet surely it is sense . but he might have thought of giving sentence , which the canons forbid , and is different from execution , and doth not exclude the bishops presence at praeliminaries . the constitution of westminster , he saith , is plainer , non debent agitare judicium sanguinis ; which , he saith , excludes the exercise of any judicial power in cases of bloud . whereas it appears by the prohibition there extant , nothing is forbidden but giving sentence ; at which the constitution of clarendon allows them to withdraw . . the second time we are told that the exclusion of the bishops in cases capital rereived a confirmation in parlament , was the . of r. ii. when the archbishop and the other bishops , upon their withdrawing then from the parlament , in regard matters of bloud were there to be agitated and determined , in quibus non licet alicui eorum personaliter interesse , as they say , in which it was not lawfull for any of them to be present in person , did therefore enter a protestation , with a salvo to their right of sitting and voting in that and all other parlaments , when such matters were not in question : which protestation of theirs was at their desire enrolled in full parlament by the king's command , with the assent of the lords temporal and commons . so that it is here said to be a perfect and compleat act of parlament ; and if it had not been a law before , would then have been made one . this is the substance of what is more largely insisted on in another place ; and what strength is there added shall be duely considered . to understand this business aright , it will be necessary to set down the protestation it self at large , as it is taken out of courtney's register , and the parlament-rolls ; and then examine the points that do arise from thence . the protestation runs thus . in dei nomine amen . cùm de jure & consuetudine regni angliae , ad archiepiscopum cantuariensem , qui pro tempore fuerit , necnon caeteros suos suffraganeos , confratres & coëpiscopos , abbatésque & priores , aliosque praelatos quoscunque , per baroniam de domino rege tenentes , pertineat in parlamentis regis quibuscunque , ut pares regni praedicti , personaliter interesse , ibidémque de regni negotiis , & aliis ibidem tractari consuetis , cum caeteris dicti regni paribus , & aliis ibidem jus interessendi habentibus , consulere , tractare , ordinare , statuere , & diffinire , ac caetera facere quae parlamenti tempore ibidem imminent facienda ; in quibus omnibus & singulis , nos willielmus cantuar. archiepiscopus , totius angliae primas , & apostolicae sedis legatus , pro nobis , nostrisque suffraganeis , coëpiscopis , & confratribus , bus , nec non abbatibus , prioribus , ac praelatis omnibus supradictis , protestamur , & eorum quilibet protestatur , qui per se , vel per procuratorem hîc fuerit modò praesens , publicè & expressè , quòd intendimus , & intendit , volumus , ac vult quilibet eorum , in hoc praesenti parlamento , & aliis , ut pares regni praedicti , more solito interesse , consulere , tractare , ordinare , statuere , & diffinire , accaetera exercere , cum caeteris jus interessendi habentibus in eisdem , statu & ordine nostris & eorum cujuslibet in omnibus semper salvis . verùm quia in praesenti parlamento agitur de nonnullis materiis in quibus non licet nobis , aut alicui eorum , juxta sacrorum canonum instituta quomodolibet personaliter interesse , ea propter pro nobis & eorum quolibet protestamur , & eorum quilibet hîc praesens etiam protestatur , quòd non intendimus , nec volumus , sicuti de jure non possumus , nec debemus , intendit , nec vult aliquis eorundem , in praesenti parlamento , dum de hujusmodi materiis agitur , vel agetur , quomodolibet interesse ; sed nos , & eorum quemlibet , in ea parte penitùs absentare , jure paritatis & cujuslibet eorundem interessendi in dicto parlamento , quoad omnia & singula mihi exercenda , nostris & eorum cujuslibet statu & ordine congruentia , in omnibus semper salvo . ad haec insuper protestamur , & eorum quilibet protestatur , quòd propter hujusmodi absentiam , non intendimus , nec volumus , nec eorum aliquis intendit vel vult , quòd processus habiti & habendi in praesenti parlamento super materiis antedictis , in quibus non possumus , nec debemus , ut premittitur , interesse , quantum ad nos & eorum quemlibet attinet , futuris temporibus quomodolibet impugnentur , infirmentur , seu etiam infringentur . this protestation , setting aside the legal formalities of it , consists of parts . . a declaration of their undoubted right as peers of the realm , by virtue of their baronies , to sit and vote in all debates of parlament . . of their intention to withdraw this parlament , because several matters were to be handled , at which it was not lawfull for them , according to the canons , to be present . . that by this absenting themselves they did not intend , as far as concerned them , to null the proceedings of that parlament . here now arise three main points to be discussed . . upon what grounds the prelats declared , it was not lawfull for them to be present in parlament , at such matters ? . how far the parlament's receiving that protestation makes it a law ? . whether on supposition it were a part of canon-law then in force , it continues so still since the reformation ? . upon what grounds they declared it unlawfull for them to be present in parlament , at such matters ? one would think the very reading the protestation were sufficient to convince any man ; for the bishops declare as plainly as men could do , that it was out of regard to the canons of the church , and not from any law of the land. for how was it possible that the same men should declare , that by reason of their baronies they had full right to be personally present in all debates of parlament , if there were some law in force which made it unlawfull for them to be personally present ? the greater force there is in the protestation 's being receiv'd in parlament , the greater strength there is in this argument . for if the protestation 's being allowed by king , lords and commons , make it ( as the authour of the letter affirms ) a perfect and compleat law , then their right to be present in all debates of parlament is a law ; and so much the more considerable , because it is no enacting law , making that to be so , which was not before , but declarative of what was confessed to be their undoubted right by king , lords and commons . and therefore i do not wonder , that the authour of the letter , so conveniently to his purpose , left out all the beginning of the protestation , which so fully clears the sense of the rest . for the very same thing which afterwards the bishops say they are forbid to doe by the canons , that is , personaliter interesse , to give their personal attendance , they say at first , by right of their peerage , as barons by tenure , did belong to them ; for there the words are personaliter interesse too . therefore that personal attendance in such matters which they said was unlawfull to them by the canons , they challenge to themselves as their just right by virtue of their baronies . but is it possible to imagine , if they had been precluded from sitting by any antecedent law , that ever such a publick avowing their right would have passed the king and both houses ? so unsuccessfull hath the authour of the letter been in his statute-laws , that there can be no stronger evidence of the bishops right to sit in such cases , then those which he produceth against them . but he goes about to prove this prohibition cannot be understood onely of the canon-law : for the canon-law , saith he , was to them above all laws ; and what was forbidden by that law , they could not have a thought , that it could in any sort be lawfull for them to challenge as their right , upon any account . i confess i can see no force in this reasoning : for when a thing is forbidden to men meerly by a positive law of the church , and the penalty of it is bare irregularity by the canons ; why may not such men challenge their own right notwithstanding those canons , because the irregularity might be dispensed with , when the pope saw convenient ? and by the constitutions of o●hobon , which were made in the time of h. iii. we find , that if an inferiour clergy-man transgressed this canon , it was in the power of the diocesan to absolve him from his irregularity . and this canon was receiv'd and inforc'd most here in england on the inferiour clergy , as appears by the canons of stephen langton in the council of oxford , and other synodall constitutions here . for it is a rule in lyndwood , clericus ex vi verbi non comprehendit episcopum , sed cum adjuncto , sic in quantum illud adjunctum potest concernere episcopum . that by clerici we are not to understand bishops , unless there be some adjunct that implieth it . and among the decretals there is one from alexander iii. to the archbishop of canterbury , under the title nè clerici , to the same purpose . where the glosse , i grant , comprehends prelats ; therefore i will not deny , but they were to be irregular by the canon-law , as well as others . but then , we are to consider , how far the legatine power vested in the archbishop of canterbury might extend in such a case ; and that there was the same severity in the canons against clergy-men's taking upon them any secular office : and yet in this very parlament , thomas arundell bishop of ely was lord chancellour , and after him william of wickham bishop of winchester , and before them r. baybroke bishop of london ; and the bishops of durham and exceter were lords treasurers under r. ii. and in h. iii's time we find clergy-men lords chief iustices , pateshull , lovell and mansell , notwithstanding these canons ; and in edward iii's time almost all the great offices of the court were executed by clergy-men . by which we see they did not think themselves so strictly bound to observe those canons ; or it was so easy to be dispensed with , that they had great reason to insist upon the challenge of their own right , notwithstanding the canon-law . the truth is , the canon-law , as it was managed in those days , was one of the most mysterious pieces of ecclesiasticall policy : it was an engine , which the artificial church-men could screw up or let down as they pleased . if it were in a matter likely to be prejudicial to their interest , ( as it was most apparently the case in r. ii. when matters grew so high between r. ii. and the powerfull lords , and so many favourites were to be impeached , and among them alexander archbishop of york , ) then it was a time to quote the canons , and to enter a protestation , and to withdraw : if the times were calmer and more settled , or some great reason moved them , then they could stick to their right of peerage , and make use of it , either in person , or by proxy , as they thought convenient . nor was it so easy a matter to resolve what was canon-law in england , but they might with some colour make use of either of these pleas. for in this very parlament r. ii. the commons desire that those may be reputed traitours who brought in the pope's bulls of volumus & imponimus : which shews that they did not think all canon-law that passed for such at rome . and r. ii. sir will. brian was sent to the tower , for bringing a bull from rome which was judged prejudicial to the king , and derogatory to his laws . and in r. ii. will. courtney , archbishop of canterbury , ( the same who enter'd the protestation before mentioned , ) makes another of a different kind , owning the rights of the crown in opposition to the pope's encroachments . now , by the same reason , no canon made at rome , no legatine or synodal constitutions , could have any force against the king's authority . but the king himself being under a force at that time , as he alwaies declared afterwards , and that being , as knighton saith it was called , parlamentum sine misericordia , the king having tied himself up , not to pardon any without consent of the lords ; he might be willing to let the bishops excuse themselves ; because that might give some colour to call in question the proceedings then , as it did r. ii. when all the acts of this parlament were nulled : and the lords and commons might be very willing to let the bishops withdraw , that their business might proceed with less difficulty against all the king's ministers . so that here was a concurrence of many circumstances , which made the bishops think fit not to appear in the house , this parlament ; and the king , lords and commons to be willing to receive their protestation . but in the anti-parlament to this , that i mean r. ii. the commons pray the king , that since divers iudgments were undone heretofore , for that the clergy were not present , they might appoint some common proctor with sufficient authority to that purpose . this is a passage which deserves consideration , and tends very much to clear the whole matter . for the house of commons declare , that divers iudgments had been undone for want of the presence of the clergy . therefore their concurrence , in the judgment of the house of commons , was thought necessary to make a iudgment valid . a very late authour finds himself so perplexed with this , that he knows not how to get off from it . he cannot deny this to be in the rolls of parlament , and to be the first petition of the commons : but then he blames them for rashness and errour , and want of due examination of precedents . as though it were possible for any man now , to understand the law and practice better then the whole house of commons then did . he saith , they were mistaken palpably de facto , in saying that divers iudgments have been heretofore undone ; and yet presently confesseth , that the two iudgments against the two spencers were reversed for this cause ; but he saith , there are no more to be found . where doth he mean ? in his study ? or not now extant in the parlament-rolls ? but have we all the rolls of parlament that were then in being ? or must men so boldly charge the house of commons with ignorance , errour , breaking the laws , because they speak against their fancies ? but this gentleman very peremptorily concludes the house of commons then guilty of a very strange and unaccountable oversight . it is great pity , a certain gentleman had not been there to have searched records for them , and to have informed them better . but we think a iudgment of the whole house of commons in such a case , declared in so solemn a manner , without the least contradiction from the king or the lords , might deserve a little more respect ; and it had certainly had it , if it had made for the other side . but we see the house of commons it self is reverenced , or not , as the judgment of it serves mens purposes . and yet this was more then the bare iudgment of the house of commons : for a petition was made upon it , and that petition granted ; and consequently a common proctor appointed , and that proctor allowed by king , lords and commons . so that this was a judgment ratified by consent of the king and the whole parlament . for , if a petition were made on a false ground , what had been more proper , then for the lords to have open'd this to the commons , and to have told them how unadvised and false their iudgment was ? whereas the lords consented , and the proctor was admitted , and gave his vote in the name of the clergy . but there is something more to confirm this iudgment of the commons , and that is , the parlament r. ii. making petition to the king , that all iudgments then given might be approved , affirmed and stablished , as a thing duely made for the weal and profit of the king our sovereign lord , notwithstanding that the lords spiritual and their procurators were absent at the time of the said iudgments given . what means this petition , if there had been no doubt at that time , that these judgments might be reversed , as not duely made , by reason of the absence of the prelats ? the onely answer in my mind is , that it was error temporis , they were of that mind then , but some are resolved to be of another now . but from hence we plainly see , that even in r. ii ' s time the concurrence of the bishops was thought so necessary , that one parlament declared iudgments had been reversed for want of it ; and that very parlament wherein they absented themselves , got a clause inserted on purpose to prevent the nulling of those iudgments : which signified nothing to the parlament r. ii. which reversed them all . there is something more considerable to our purpose in this parlament ; viz. that the same authour produceth the testimony of a ms. chronicle , which largely handles the affairs of that parlament , wherein it is confessed , that the bishops , by concurring with the lords in the revocation of the earl of arundel's pardon , did give vote in a case capital : for so the words are there cited , dederunt ergo locum praelati judicio sanguinis in hoc facto . which shews that the bishops did then give their votes about the validity of the pardon : which the authour of that chronicle indeed condemns them for , and tells us some thought they incurred irregularity by it . from whence it follows , that all the penalty supposed to be incurred was onely canonical ; but he never charges them with going against the law or custom of parlament therein . but the authour of the letter saith , whatever was done this parlament signifies nothing , because the whole parlament stands repealed by h. iv. and all done in it delcared null and void . yet , to our comfort , the same authour tells us , the three henry's were usurpers ; and therefore i desire to be satisfied , whether an vsurper , by a parlament of his calling , can null and repeal what was done by a king and his parlament . if he may , then the king lost his title to the crown by the late vsurpers ; if not , then the parlament r. ii. could not be repealed by that h. iv. if the authour of the letter had considered this , he is a person of too great judgment and loyalty , to have mention'd , more then once , the repeal of that parlament , by the subsequent parlament h. iv. from all this we see , that by the judgment of the whole parlament , both r. ii. and r ii. the bishops had a right to sit , so far that iudgments were reversed where they were not present ; and therefore all the pretence they could have for withdrawing must be from the canon-law : which although not sufficient to bind them , if the matter had been contested , yet it served them for a very colourable pretence of absenting themselves in such dangerous times , as those of r. ii. here the authour of the peerage and iurisdiction of the lords spiritual thinks he brings seasonable relief to the cause , when he undertakes to prove , that the bishops withdrawing was not meerly on the account of the canon-law . this , i confess , is home to the business , if he can make it out . ( . ) he saith , there was an act of parlament before , that did expresly prohibit them to excercise iurisdiction in those cases . this we utterly deny . and the constitution of clarendon , to which he refers , proves the contrary . ( . ) the bishops made bold with the canons when they thought fit , as r. ii. but how could they doe that , unless they had a parlamentary right to be present ? he saith , the constituting a proxy was as great a violation of the canons , as being personally present : and what then ? therefore the parlament would not have suffered them to doe that , if there had been a law to exclude them . how doth this prove that the bishops did not withdraw on the account of the canons ii r. ii. because they made a proxie r. ii ? but why did they not appear personally , if they had no regard to the canons ; when the receiving their proxie shewed they had a legal right to appear ? but he grievously mistakes the meaning of the canon of stephen langton in lyndwood , when he interprets literas pro poena sanquinis instigenda scribere vel dictare , against making of proxies ; which is onely meant of giving or writing the sentence for execution . ( . ) he saith , they were excluded by ancient custom ; which , by a very subtle way of reasoning , he proves to have been part of the fundamental contract of the nation , as he speaks . seeing then , saith he , it is without doubt that there was such a custom , that the prelats should not exercise iurisdiction in capital cases ; ( not so altogether without doubt , unless it were better proved then we have yet seen it ; ) and there is no record that doth mention when it did begin , nor any time when it could be said there never was such an vsage ; ( yes , before the council of toledo being published in spain , and receiv'd here ; ) it must of necessity be supposed , that it is as ancient as the government it self , and part of the fundamental contract of the nation . which looks so like a iesuitical argument , that one would have thought he had been proving transubstantiation by it . for just thus the argument runs at this day among that party ; there was a time when it was reciev'd , and no time can be instanced in wherein it was not , therefore it was a part of the fundamental religion of iesus christ. the plain answer in both cases is the same : if we can produce unquestionable authority to which a doctrine or practice is repugnant , we are not obliged to assign any punctual time in which it must first come in . but in this case , we do assign the very time and occasion of the bishops absenting themselves in capital iudgments , and that was from the receiving the canon of the council of toledo here : for no such practice can ever be proved before . and therefore this can never be proved to be any part of the ancient common law of england . and that this came in by way of imitation of other countries , appears by the citing the council of toledo both by lanfranc and richard in the council of winchester . ( . ) he saith , the practice is ancienter then any of the canons of the church . but how doth that appear ? the eldest canon he can find is that of stephen langton in lyndwood , which was made above years after the parlament at clarendon . but we have made it evident , there was a canon receiv'd here in lanfranc's time , long before the constitution of clarendon . and so a full answer is given to these objections . but we are told , by the authour of the letter , that the bishops protestation being receiv'd and enter'd in the roll , or iournal-book , makes it to pass for a law , it being agreed to by the king and two houses ; so as whatever was the law before , if it were onely the canon-law , it is now come to be the law and rule of parlament , and the law of the land. . this is therefore the second point to be examined , whether the receiving this protestation amounts to a law of exclusion ? which it can by no means do for these two reasons : . from the nature of protestations in general , . from the particular nature of this protestation . . from the nature of protestations in general . for a protestation is onely a declaration of their minds that make it , and not of theirs who receive it , or suffer it to be enter'd in the acts or records of the court ; unless it be receiv'd in such a manner , as implies their consent . for , the very next parlament after this , r. ii. the two archbishops , in the name of the whole clergy , enter a protestation , that they gave no assent to any law or statute made in restraint of the pope's authority ; and it is said in the rolls of parlament , that at their requests these protestations were enrolled . will any man hence inferre , that these protestations were made acts of parlament ? if the cause would have born any better , a person of so much skill in proceedings of parlament would never have used such an argument as this . besides , it is a rule in protestations , si protestatio in iudicio fiat , semper per contrarium actum tollitur , saith hostiensis ; a protestation , although allowed in court , is taken off by a subsequent act contrary to it . which shews , that a protestation can never have the force of a law ; because it may be destroy'd by the act of the parties themselves . if therefore the bishops did afterwards act contrary to this protestation , they took away all the force of it . . the particular nature of this protestation is such , as doth most evidently preserve their right to be personally present on the account of their peerage and baronies ; and the great design of a protestation is , to preserve a right notwithstanding some act which seems to destroy it ; as thier absenting themselves on the account of the canons might seem to doe . but of this already . . we are now to consider the third point , whether , on supposition that on the account of the canon-law , the bishops had always withdrawn in the time of popery , that had continued in force still since the reformation ? i think not , upon these reasons . . because the canon-law was founded upon a superstitious fancy , viz. that if clergy-men be present in causes of bloud , they contract irregularity ex defectu perfectae lenitatis , as the excellent canonist , navarr , saith , because it argues a want of perfect lenity . but if we consider the cases they allow , which do not incurre irregularity , and those they do not allow , which do incurre it , we shall find all this stir in the canon-law about this matter to be onely a superstitious kind of hypocrisy . . if a man in orders gives another man weapons , without which he could not defend himself , and by those weapons he maims him that assaulted him ; this doth not make him irregular : but if he kills him , it doth : and yet the canons make the case of dismembring and death the same . . it makes a man act against the law or nature to prevent irregularity . for they say , if it be for the defence of father or mother , or preventing the ruin of his country , although the cause be never so just , a clergy-man that dismembers , or takes away another's life , is irregular . . if a clergy-man discovers treason , or accuses another for treason , without a protestation , that he doth not doe it with a design to have him punished ; he is irregular : but if he makes that protestation , although death follows , he is not . . if a clergy-man be in an army , and perswades the souldiers to fight manfully , and kill as many as they can ; this doth not make him irregular ; ny , although he beats them , if they will not fight : but if he happens to kill an enemy himself , then he is . . if he gives a souldier a sword or a gun , by which he dispatches his enemies , if he did it with a particular intention that he should slay or maim them , he is irregular ; if onely with a general intention , that he should overcome , he is not . this being somewhat a nice case , the canonists take more then usual pains to prove it . and from hence they defend their priests and iesuits in the indies , who carry the cross before their armies into the field , and encourage them to kill all they can : and yet navarr saith , they are so far from being irregular , that they are regularissimi , as his word is . . if a man , to gain an indulgence , carries a faggot to burn an heretick , if it be with a design to take away his life , he is irregular : but if he be hanged first , or dead before it be thrown into the fire , then he is not . . if a man in orders helps a chirurgeon in cutting off a man's leg , he is not irregular : but if a man be justly condemned to have his leg cut off , if he then gives any assistence , he is irregular : because the one is moved out of mercy , and the other out of justice . . if the bishops sit and condemn a man for heresy , and deliver him over to the secular power for execution ; yet they free this from irregularity , or else the practice of the inquisition were lost . this seems a very difficult case : but the canonists salve this , by saying that the inquisitours , when they deliver them over to the secular power , do pray that they may not be hurt either wind or lim ; as it appears by the forms used in the directorium inquisitorum . and if this be not the height of hypocrisie , let the world judge . and therefore this part of the canon-law is not consistent with the sincerity of the reformation . . this part of canon-law is inconsistent with the king's power over ecclesiastical persons . for it supposeth them liable to the penalty of a law , which he hath no cognisance of , and derives no force or authority from him : which tends to the diminution of the king's prerogative royal , and therefore it is nulled by the stat. ▪ h. viii . c. . i do very much question whether this ever were any part of the canon-law of england , notwithstanding the pope's decretals ; i. e. whether these canons ever received confirmation by the royal authority , either in synodal constitutions , or elsewhere . and it would be a very hard case , if our kings had not the same privileges which are allow'd in popish countries ; viz. that nothing passes for canon-law within their territories , till it pass the examination of the king's council , and approbation by his authority . thence in france nothing passes without the king's pareatis ; nor in spain or flanders , without the king of spain's placet ; no nor in the kingdom of naples , without the royal exequatur . it is well known , that the . book of decretals was not allowed in france , because of the quarrel between the king and boniface viii . and that even the council of trent it self was not allowed by philip ii. till it had been strictly examined by the king's council , that nothing might be allowed which tended to the diminution of his prerogative . how then will men justifie the making that a part of the canon-law of england , which was repugnant to the rights of the crown , and deprives the king of the power of taking advice of those of his subjects , whom he hath summon'd for that end ? . the sanction of this law is ceased , which was irregularity : and some of our most learned iudges have declared , that is taken away by the reformation . but in case any be of another opinion , i shall urge them with this inconveniency ; viz. that the great instrument of discovering the plot falls under irregularity by it . for it is most certain , by the canon-law , that a man in orders accusing others of treason , without making his due protestation in court , is irregular . but if this be now thought unreasonable , as it is , in the person of an accuser , why should it not be so in the case of iudges ? and if the irregularity be taken away , then the sanction is gone : and if the sanction be taken off in a meer positive law , the force of the law is gone too . and therefore this canon-law , which forbids clergy-men being present in capital cases , and giving votes therein , is wholly taken away by the reformation . and we do not find any mention of it for years and more after the reformation ; till about the time of the earl of strafford's trial , a book being printed about the privilege of peers , wherein this protestation was mention'd , hold was presently taken of it , by men who thought they could not compass their ends without removing the bishops out of the house : and when the bishops insisted on their right , and could not be heard , but at last were willing to salve their right by proxies ; the lords of the cabal prevailed with their friends , to declare they would use no proxies themselves , and so by that artifice shut the bishops out of doors . . the practice hath been so contrary , since the reformation , that i find no manner of regard hath been shewed to it . for the archbishop of canterbury was the first nominated in the commission for the trial of the queen of scots ; as appears by the commission it self in camden ; which is directly contrary to the canon-law . some distinguish the bishops acting by commission , from their being iudges in parlament . for which there is no manner of reason with respect to the canon-law , which is rather more express against any kind of commissions in cases of bloud ; as appears by the council of toledo , the synodal constitution , and the pope's decretals . and there hath never been any scruple about divines sitting on the crown-side as iustices of the peace , when sentence of death is pronounced ; nor in the ordinary's declaring legit , or non legit , when a man's life depends upon it . but , which is yet more to our present purpose , in the parlament . may . upon the impeachment of the earl of bristol of high treason , bishops , earls , barons , were appointed to examine the evidence ; and upon their report he was sent to the tower by the whole house . all which shews , that there hath been no regard had to the force of the canon-law in this matter since the reformation : that being a spirit lay'd long since by the principles of our church ; and it would be strange , if some mens zeal against popery should raise it again . chap. iii. the precedents on both sides laid down : those against the bishops examined and answered . ii. i now come to examine the precedents , and shall proceed therein according to due order of time. and so the first is taken from the saxon times ; viz. from brompton's relation about edward the confessour's appealing to the earls and barons about earl godwin's murthering of his brother alfred . here we see , saith the authour of the letter , it was onely ad comites & barones that he appealed , and they were onely to judge of it , and not bishops or prelates . i have things to answer to this precedent . . that we have great reason to suspect the truth of it . . that if it were true , we have no reason to suspect the bishops to be excluded . . for the truth of the story . that there is great reason to suspect it , appears , in that it is the single relation of brompton , against the consent of the other historians , ( and some of them much ancienter , and nearer to that time , ) who mention k. edward's charging earl godwin with the death of his brother , not in parlament , but as they were at table together at winchester , upon the occasion of a saying of earl godwin's , upon the king 's cup-bearer's stumbling with one foot , and recovering with another ; see , saith he , how one brother helps another . upon which matt. westminster , knighton , and others say , that the king charged him about the death of his brother alfred . whatever the occasion was , our best historians of that time , malmsbury and ingulphus , say , it was at an entertainment at winchester , and that earl godwin died upon the place ; being choaked , as they say , with a morsel of bread he took with a great execration upon himself if he were not innocent . knighton saith , he was question'd for the death of his brother by hardecnute , and that he cleared himself , by saying he did nothing but by the king's command . but suppose edward to be never so weak a prince , is it likely this should be done by an appeal in parlament by the king himself ; and that afterwards , by the judgment of his earls and barons , he and his sons and kinsmen should make the king amends , by as much gold and silver as they could carry between their arms ? besides , brompton saith , this was done by godwin when he returned to england , after king edward's coming to the throne ; whereas malmsbury shews , that it was through earl godwin's interest , that ever he came to it ; and so the marrying his daughter would make any one believe . . but suppose it true . what reason is there to conclude the bishops not present , who were never absent through all the saxon times , after ethelbert's conversion , in any publick councils of the nation ? they had no canon then to be afraid of ; for that of the council of toledo was brought in by lanfranc . and it was not against the practice of those times . for if we believe as true a story as this of brompton , the archbishop of canterbury himself condemned king edward's mother emma to a trial by hot irons , which was present death without a miracle : and this it is said was done by the consent of the king and the bishops ; which is as good a precedent against temporal lords , as the other is against the bishops . however , this is certain , that the bishops then sate in the county-court at all iudgments . and whereas the authour of the letter would avoid this , by saying that no capital crimes were tried there ; the contrary is most certainly true . for the laws of king edward , as they were set forth by h. i. c. . mention the capitalia placita that were there held . and the authour of the ms. life of s. cuthbert saith , that when one of earl godwin's sons was earl of northumberland , and one hamel , a very bad man , was imprison'd by him , his friends interceded earnestly with him , nè capite plecteretur , that he should not lose his head . by which it appears , that cases capital were heard and determin'd in those courts , the bishop and earl sitting together in iudgment . and here the point is plainly gain'd , because the authour of the letter grants that the bishops sate in all iudgments in the county-courts , and then puts the matter upon this issue , whether capital crimes were there tried or not ; which i have clearly proved that they were . but i shall make another advantage of this against the authour of the peerage , &c. for it plainly overthrows that confident assertion of his , that without doubt there was a negative custom , that the prelates should not exercise iurisdiction in capital cases , so ancient as to be part of the fundamental contract of the nation . it were a thousand pities that such well-sounding words , so handsomely put together , should signifie nothing . i dare not be so positive as he is , but am of opinion , that if he could be perswaded to produce this fundamental contract of the nation , which i perceive he hath lying by him , it would not amount to so much as a blind manuscript . if it be said , that brompton onely mentions earls and barons , and bishops were not then made barons ; i answer , that baronies were brought into england by the conquerour , and therefore brompton must speak improperly , and consequently , taking it onely for a title of honour , he means no more then those who were the great men of that time , and so may take in the bishops too : of which more afterwards . but there is one thing more in the laws of h. i. ( which were onely a restoring k. edward's laws ) that implies that bishops had then a power of judging in cases capital ; which is c. . qui occiderit episcopum sit in arbitrio principis & episcoporum , he that killed a bishop was to be left to the will of the king and the bishops . which shews that they were to hear and examine the whole evidence , and to give judgment according to it . after the saxon times , the first precedent produced is of the edw. i. concerning nicolas segrave , who was summon'd to appear in parlament , and after his offences were open'd , the king advises onely with the temporal lords , who declared , such a man deserved to lose his life . but is he sure the bishops were not present ? no : he saith , that doth not appear by the record ; but it appears clearly they were not to meddle with it . how so ? the king declares , that he would have the advice comitum , baronum , magnatum , & aliorum de consilio suo . but is he sure they are not comprehended under magnates , and that there were no clergy-men at that time of the king's counsel ? what thinks he is william de hamilton , dean of york ▪ who was made lord chancellour ian. . edw. i. and this parlament was held the next sunday after s. matthias , which was the latter end of february ? and in the . year , ralph de baldock , bishop of london , was made lord chancellour : and scarce any other but church-men had that office all his days . the bishop of bath and wells was chancellour near twenty years of his reign ; after him the bishop of ely ; after him the dean of chichester ; and then comes the dean of york . and among the lords treasurers of his time ; were the archdeacon of dorset , the abbot of westminster , two bishops of bath and wells , whereof one was treasurer at this time . these two , i hope , we may suppose to be of the king's counsel in this business ; who we are certain were both church-men . and if they adjudged nic. de segrave worthy of death , who so likely to deliver that judgment as the chancellour ? but suppose these were not there , whom doth he mean by the magnates then distinct from earls and barons , who were of the house of peers ? mr. selden will inform him , if he needs it , that there were no dukes till the ii. of edw. iii. nor the title of marquess till r. ii. nor of vicount till h. vi. and yet here were magnates in parlament , who were neither earls nor barons : and therefore we must in all reason understand the great church-men , who were not so nice of meddling with criminal causes in parlament of the highest nature in the time of edw. i. as appears by the great cause so much agitated in parlament edw. i. concerning the earls of hereford and gloucester ; where this latter is charged with raising arms without commission , and committing murthers and horrible devastations in the lands belonging to the other ; and the king in parlament appoints the bishop of ely with others to be a committee for examination of this matter . and when they had both submitted to the king's pleasure , we have these remarkable words in the placita parlamentaria . per consilium archiepiscoporum , episcoporum , comitum , baronum , ceterorumque de consilio suo existentium , facere volens in premissis , & ut voluntas sua justa sit & rationabilis , prout decet , eorumque assensum in premissis petiit , & consilium . propter quod , habito tractatu diligenti coram ipso domino rege & consilio suo super predictis , tam ipsi domino regi quam ceteris prelatis & magnatibus , & singulis de consilio suo , videtur quoad comit. gloucestr . and then follows the sentence ; which i confess did not extend to life , but to a forfeiture of his estate to the king. however , we see hereby that the bishops were present at all the praeliminary debates , and the king asked their advice ; so that they had their votes in the sentence , whether it should extend to life or not . in the reign of edw. ii. we meet with a remarkable precedent in behalf of the bishops right , which is of a iudgment reversed made by the lords without the prelats viz. , the iudgment against the two spencers e. ii. which iudgment is said to be passed at oxford that year , but in the parlament at york , the same year , it was nulled and made void before the king , lords and commons ; and one of the reasons given for it is , because the lords spiritual , who were peers , assented not to it . this precedent had been cited and allowed by mr. pryn , in his plea for the lords ; and therefore it is to be wonder'd the authour of the letter takes no notice of it . but the later authour of the discourse about the bishops peerage and iurisdiction , owns the truth of the thing , saying , that the two iudgments aganst the two spencers were reversed edw. ii. for this cause , through the great favour and interest they then had at court. but then he thinks he hath taken off the force of this precedent , by saying that edw. iii. c. . this iudgment is declared good , and therefore the said reversal null and void ; and the two spencers upon this affirmance of the iudgment were executed . this last assertion every one knows to be a grievous mistake , that hath but looked into our history : for the spencers were executed before edw. iii. came to the crown ; the elder in october edw. ii. the other the latter end of november edw. ii. and whereas he insists upon the affirmance of the iudgment edw. iii. he had done well to have look'd a little farther , and then he would have found that act also repealed r. ii. so that if the act of ed. iii. which affirms the first judgment , may seem to take off the force of this precedent , the repealing of that act in the r. ii. restores it again , and leaves it in its full force . especially if it be considered , that the act of ed. iii. was not barely repealed , but declar'd in parlament to be unlawfull , because ed. ii. was living , and true king , and imprison'd by his subjects at the time of that very parlament of ed. iii. thus far this precedent is good . but i will conceal nothing that may with any colour be objected against it . and i cannot deny but what the authour of the letter objects , against the bishops constituting a proctor to represent them in capital causes , seems to be of equal force against this precedent , viz. that this parlament of the r. ii. and all that was done in it , was repeal'd in the h. iv. and if that be so , ( and those acts of state which then passed had not again been repealed ed. iv. ) then the repealing of that of . ed. iii. signifies nothing , and consequently the affirmance of the first iudgment against the two spencers is good notwithstanding that repeal . and therefore that we may examine this matter to the bottom , i shall set down the very words of the authour of the letter concerning it . speaking of the declaration made by the lawyers in the ed. iv. concerning the bishops making a procurator in capital causes , he hath these words : it is true , here is mention made of their making a proctor , which was error temporis , the errour of those times , grounded upon what was so lately done , ( as they looked upon it ) though irregularly done , in the last parlament of r. ii. whom they consider'd as their lawfull king ; and in truth he was so , the three henry's that came between being but vsurpers . and again , speaking of the same business of a proctor in the r. ii. he hath this remarkable passage : i have already shewed , that this whole parlament was repeal'd for the extravagant things that were done in it , of which this was one . and therefore nothing that was then done can signifie any thing to a leading case any ways to be followed ; and this as little as any : except it could be made appear , which i am confident it cannot , that some iudgment had been reversed upon that account , because the prelats were not present , and had not given their assent to it . now if i can make out these two things , . that the parlament of r. ii. was not legally repeal'd ; . that the iudgment against the two spencers was revers'd , and that the repeal of that reversal in ed. iii. was revok'd in r. ii. upon this very account , because the prelats were not present , and had not given their assent to it ; i hope the authour of the letter will be satisfy'd , that both this precedent , and the case of a proctor , are very significant in this cause ; and that there is a great difference between being confident , and certain of any thing . . that the parlament of r. ii. was not legally repeal'd . and for this i take the authour 's own acknowledgment , that r. ii. was in truth lawfull king , and that h. iv. was but an vsurper : nay , i add farther , that r. ii. was alive and in prison when h. iv. repeal'd the parlament of r. ii. for so it is said in the very act of repeal , that r. ii. late king of england was pursued , taken , put in ward , and yet remaineth in ward . and now i leave it to the authour of the letter , whether a parlament call'd by a lawfull king , and the acts of it , ought to be deem'd legally repeal'd by a parlament that was call'd by an usurper , and held whilst the lawfull king was alive , and detain'd in prison . . that the iudgment against the two spencers was revers'd , and the repeal of the reversal of it in ed. iii. revok'd in r. ii. and that upon this very account , because the prelats were not present , and had not given their assent to it ; which the authour of the letter is confident cannot be made appear . that this iudgment was reversed for this reason i have already shewn , viz. in the parlament at york ed. ii. and i shall now shew , that the repeal of that reversal in edw. iii. was revok'd in r. ii. and that upon the account mentioned . for in this parlament tho. le despenser , earl of gloucester , exhibited two bills , in which he prayeth that the revocation of the exile of the two spencers in ed. ii. might be brought before the king and confirmed , and that the repeal of the same made in the ed. iii. might be revoked . of which act of repeal these errours are assigned , among others : because the prelats , who are peers of the realm , did not assent to the iudgment ; and because it was made onely by the earls and barons , peers of the realm , &c. and because it was made against the form of the great charter of england , in which it is contain'd , that no man shall be exil'd , or otherwise destroyed , but by the lawfull iudgment of his peers , or by the law of the land. so that it seems it was look'd upon as a breach of the great charter , for the temporal lords to condemn a peer without the assent of the bishops , and that such a iudgment was not esteem'd a lawfull iudgment by his peers . and those errours of the first iudgment assign'd in the revocation of it in ed. ii. are allowed in this parlament of r. ii. and that revocation confirm'd , and the repeal of it in ed. iii. revok'd upon the same account . i shall onely observe , that in this parlament ( as before in ed. ii. ) the bishops are declared to be peers ; peers of the realm , rot. . peers in parlament , rot. . & ; but most fully and distinctly in the roll last cited , peers of the realm in parlament . of which farther use may be made in the last chapter concerning the peerage of the bishops . and now to sum up the force of this precedent for the iurisdiction of the bishops in cases of treason . here is a reversal of a iudgment , because made without the assent of the prelats , by the parlament at york in ed. ii. and whereas it is said this reversal was repeal'd , and the first iudgment affirm'd in ed. iii. i have shew'd , that this was no legal repeal , because ed. ii. was alive , and lawfull king , ( or else ed. iii. could never have been so ) in the time of that first parlament of ed. iii. and consequently ed. iii. at that time was an usurper , and the proceedings of that parlament null and void . so that the reversal in ed. ii. stands good , notwithstanding the repeal in ed. iii. besides that this repeal ( whatever it was ) is solemnly revok'd in r. ii. and h. iv. who revers'd all the proceedings of the parlament of r. ii. during the life of r. ii. is acknowledg'd by the authour of the letter to have been an vsurper , and r. ii. to have been a lawfull king. and now i think that this precedent hath all the advantage that can be , and that the iurisdiction of the bishops in cases of treason could not have been asserted in a higher manner , then to have a iudgment in case of treason solemnly revers'd in two parlaments for this very cause , because the bishops , who are peers , assented not to it : and this precedent own'd by the house of commons , in their petition to have a common proctor appointed by the clergy , in this very parlament of r. ii. as is acknowledg'd by the authour of the letter . to conclude this matter ; whether the acts of parlament which contain this declaration of the peerage of bishops , and their iurisdiction in cases of treason , were sufficiently repeal'd or not ; this solemn assertion of it in two several parlaments , together with the petition of the commons mentioned before , are a most clear evidence , that in the general opinion of the king , lords , and commons , this iurisdiction did of right belong to the bishops . and i am sure they are a demonstration against the authour of the peerage his assertion , of a negative custome , ancient as the constitution of the nation , that prelats should not exercise iurisdiction in capital cases . for had this been a clear and undoubted custom from the first original of this nation , it is morally impossible it could have entred into the minds of two parlaments , solemnly to have raised this doubt , whether a judgment given in a case of treason by the temporal lords without the assent of the bishops were valid , and to have determin'd that it was not ; when yet there was no manner of reason to imagine that the bishops ever had any jurisdiction in such cases , nay , when there was an immemorial custome and usage to the contrary , namely , that the temporal lords had in all times exercised this jurisdiction alone , and the bishops had been excluded from any share in it . and in the apology of adam d'orleton , bishop of hereford , and after of winchester , for his imprisoning r. de baldock , a great confident of hugh despencer's , he declares , that the reason why he was carried to newgate was through the violence of the people ; although , saith he , the parlament then sitting , there was no cause of fear but justice would be done . his words are , domino rege , praelatis , comitibus , ac aliis terrae optimatibus lundoniae tunc congregatis & praesentibus , pro iustitia ibidem in parlamento convocatis omnibus exhibenda . which shews that the prelats then did sit in matters of justice in the house of lords , and in cases capital ; for this r. de baldock was arraigned at hereford for the same crimes that hugh despencer was . but the main strength of the cause is supposed to lie in the precedents produced out of the rolls of parlament from the edw. iii. to the h. vi. the force of these precedents will be better understood , if we consider these things . i. that many of them are meer negative testimonies . so edw. iii. at the trial of roger mortimer , it is said , the earls , barons and peers of the realm were present , therefore the bishops were not ▪ edw. iii. onely the great ones returned , therefore the bishops did not . so in the case of sir iohn grey . from whence he inferrs , that the bishops were not to iudge so much as of a battery . edw. iii. in sir william thorp's case , the grantz de parlament were asked their advice , therefore not the bishops . r. ii. in the case of weston and gomenitz , the bishops not mention'd ; but other lords , barons and bannerets . sir ralph de ferrer's case r. ii. the bishops not present , because not comprised under les seigneurs de parlament . the like in sir iohn oldcastle ' s case h. v. the question , he saith , is , whether bishops be comprehended under les seigneurs de cest present parlament . in the earl of devonshire ' s case h. vi. the strength lies in this , that the peers are onely mention'd ; and he supposes no man will say , the bishops were his peers or lords of the realm . so that here are eight precedents , that are no more then negative testimonies : concerning which in general , the authour of the iurisdiction of the house of peers asserted hath a good observation ; viz. that one , or two , or twenty precedents in the negative , nay , i say more , were the number equal as many in the negative as in the affirmative , yet it could not disprove their iurisdiction : it would onely shew , their lordships were free agents , to doe it , or not to doe it , as they saw cause ; but their iurisdiction remained entire still , to doe it whensoever they would . so i say here ; supposing that the spiritual lords were not present in these cases , it onely shews , that they were free agents , and might withdraw at some times , and be present at others : which cannot overthrow their right , for these reasons . ( . ) several of his negative precedents , if they prove any thing , prove the bishops were not there , when he confesses they might have been there . as , . in cases of misdemeanours . at the trial of sir iohn de lee , ed. iii. being charged with several misdemeanours , the record saith , the prelats were present . edw. iii. several persons were accused by the commons for misdemeanours , and the bishops he confesseth were present ; as rich , lions , iohn lord latimer , william ellis , iohn peecher , lord iohn nevil : at all these trials the bishops , saith he , were present ; and no body says but they might . so in the case of alice perrers , edw. iii. the record saith , the prelats were present , and gave iudgment as to banishment , and forfeiture of her estate . r. ii. mich. de la pool , lord chancellour , was accused by the commons for several misdemeanours before the king , prelats , and the lords . here he yields the prelats were iudges of misdemeanours together with other lords . and yet if several of his negative precedents do prove any thing , they prove too much , viz. that the bishops ought not to be present at the trial of misdemeanours : for , he saith , the bishops were not present at the trial of weston and gomenitz , r. ii. nor at the trial of the bishop of norwich r. ii. nor at such iudgments as that of sir william de thorp edw. iii. who was condemned for bribery : and yet he yields they were at the trial of mich. de la pool r. ii. but if they ought not to be present at those of ed. iii. and r. ii. and r. ii. neither ought they to have been present at the trial of mich. de la pool . either therefore his argument doth not prove they were not present at the former , being onely from general words ; or they ought not to have been present at the latter , which he confesses they were . this will best appear by comparing the cases together . r. ii. the commons deliver in a schedule to the lords of their demands , before they would proceed to a subsidy ; among which one was , that all such who without cause had lost or given up any castle , or town , or fortress , to the dishonour of the king , or dammage of the people , may be put to their answer before the lords and commons that parlament . here was no particular impeachment of these persons ; but upon this the lords sent for these two persons who were prisoners in the tower upon this account ; and the charge against them was , delivering two towns in flanders without commission . weston made a long and plausible defence , to which no answer was given ; yet both were condemned to die . the bishop of norwich was charged with several miscarriages and misdemeanours , saith he : why might not the bishops be present at this trial ? to that he saith , he was charged with one capital crime , viz. betraying graveling to the french : but he confesseth , he cleared himself of this , before they came to iudgment : and yet he would have the bishops excluded at this iudgment ; and that of sir william elmham , sir thomas trivet , and others ; but confesses they were present at the trial and iudgment of mich. de la pool . let us then see , what kind of trial this was . he was impeached in the name of the commons of england , and articles were exhibited against him . the main were , concerning defrauding the king , and misimploying the aids granted to the king last parlament , whereby much mischief happen'd to the kingdom : as may appear by the rolls , and the articles printed in knighton . upon these articles , the record saith that the commons prayed that iudgment of death might pass upon him , as it did upon sir william de thorp for receiving li. by way of bribery . and yet this iudgment of sir william de thorp is one of the precedents against the bishops being present ; when he allows that they were present at the whole trial of this mich. de la pool , when a great minister of state was so hotly charged by the commons , for offences of so great a nature , and which in their judgment deserved no less then death . from whence it follows , by his own confession , that the bishops may be present , when the ministers of state are impeached by the commons of such crimes which in their iudgment deserve no less then death . . in acts of attainder , when the houses proceed in a legislative way , he grants the bishops may be present ; and yet if some of his precedents signifie any thing , they prove they ought not to be present at the passing of them . as , . in the case of roger mortimer and others accused and tried in parlament ed. iii. he confesseth the roll cannot be read , and therefore referrs to ed. iii. where roger of wigmore desires that the attainder may be examin'd : which was reversed by act of parlament , and therefore we may justly suppose the iudgment given against him was ratified in parlament . and some of our historians say , he was condemned judicio parlamenti . and in the petition of roger wigmore , he prays that the said statute and iudgment may be reversed and annulled . if therefore the prelats could not be present here , then they are not to be present in the legislative way : if they were present in acts of attainder , then this general negative way of arguing proves nothing ; for then the bishops were comprehended under the name of peers : which , without any reason , he saith , the bishops cannot pretend to be ; when it is notorious that they challenged it in parlament r. ii. and it was then allowed , as well as their protestation . . in the case of the murther of iohn imperial , r. ii. an act of parlament passed to make it treason : and he proves the bishops had no vote in it , nor were present at the preparing it . and yet he confesses , that the bishops have a right to sit in all acts of attainder , because they sit then in their legislative capacity . therefore these negative precedents prove nothing . ( . ) the insufficiency of these negative precedents appears by this , that we can make it appear by good testimonies , that the bishops have been often comprehended under the general titles of grantz , peers , and lords of parlament , without any express mention made of them . and because the great force of many of his testimonies lies wholly in this , that the bishops are not comprehended under the names of grantz , seigneurs , and peers , i shall endeavour to make it clear beyond exception , that if the precedents must be determined by the general words , all the advantage lies on the bishops side . it is certain that in elder times the baronagium anglie did take in all the lords of parlament , both spiritual and temporal . but i betake my self to the expressions used in the records ; and because the matter of the debate is confined within the times of ed. ii. and iv. i shall take notice of the language of parlament within that time ; reserving that of their peerage to the proper place for it . i begin , as the authour of the letter doth , with edw. iii. and in that year n. . the record runs thus ; et est assentu & accorde per nostre seigneur le roi , & tout le grantz en plcyn parlement : where a law was passed concerning trial by peers ; and in the passing of a law our authour allows the bishops to be present . but it is more plain n. . accorde per nostre seigneur le roi , & les grantz de mesinme le parlement it is agreed by the king , and the great ones in parlament . but that the bishops are comprehended under thesegrantzis evident ; for it is there said , that the petitions of edmund earl of kent and margaret countess of kent , to which that agreement referrs , were read before the king , the prelats , the counts , the barons , and other grantz of the parlament . in the same year , n. . we meet with les preres des prielatz & autres grantz , the petition of the bishops and other great men : and then it follows , nostre seigneur le roi en pleyn parlement , per assent , accord , prieres & conseal des ditz prelatz & autres grantz our lord the king in full parlament , by the assent , accord , petition and advice of the said prelats and other grantz . which shews that they are some of the grantz of parlament . ; ; ed. iii. n. . touz les prelatz & autres grantz : n. . grantz in general is used in the debate between the abbot of crowland and sir thomas wake : and n. . le roi & as autres grantz en pleyn parlement : n. . item fu accorde per le roi & touz le grantz en mesme le parlement , auxibien per prelatz come per autres ; it was agreed by the king and the great men of the parlament , as well by the prelats as others . nothing can be plainer then that here the bishops are called grantz , as well as the other lords of parlament . ed. iii. n. . devant nostre seigneur le roi , & touz le prelatz , & autres grantz : the articles were read before the king , the prelats , and other great men . if the bishops had not been comprehended under grantz , the record would have onely used grantz , and not autres grantz . but the same expression is again used n. . in the second part of the rolls of that year , n. . we find three several ways of expressing the persons then present : the first , les prelatz , countes , baronns , & autres grantz du parlement ; the next is , queux prelatz , & autres grantz ; the third is , touz le grantz en mesme le parlement : and all these are used to express the same persons . and again n. . touz les grantz du dit parlement ; which are there opposed to chivalers des countez ; and are more distinctly mention'd before in these words , les ditz prelatz , countes , barouns , & autres grantz , & les chivalers des countes , & tote la conumune . sometimes the grantz are taken in general , for all of the house of peers ; and the commons for the lower house . so ed. iii. n. . il assentuz per lui , les grantz , & la dit comunalte a son parlement : and again , ditz grantz & de tote la com̄e susditz : and , le roi per assent des grantz commanda a la ditz com̄e . from these examples , and many more which might , if it were needfull , be produced , it evidently appears that the bishops were grantz in parlament , according to the language of that time : and therefore the precedents produced wherein onely the grantz are mention'd , are of no force at all against the presence of the bishops . and that assertion of the authour of the peerage , &c. appears to be without any ground , viz. that the bishops are never spoken of in any record but by the name of bishops or prelats , or some such name , to distinguish them from the laiety . these general negatives are very bold and dangerous things ; and one affirmative overthrows them . but i have produced many instances to the contrary , and might do many more . such men who dare venture upon such bold sayings , must be presumed to have read over all the records themselves ; and must presume that none else ever so much as looked into them . but that authour discovers too much his second-hand learning in these matters ; and we might have wanted several of his precedents , had it not been for mr. selden's baronage . as to the title of seigneurs du parlament , being common to the bishops , i am prevented by another hand . i shall onely adde two precedents more , not taken notice of by others . the one r. ii. the answer of mich. de la pole is said to becoram magnatibus & communitate in parlamento ; where the authour of the letter confesseth the bishops were present , and therefore comprehended under themagnates . the other h. vi. one philipps complained against the bishop of london to the house of commons : they sent the complaint up to the lords : the bishop asks the advice of the house ; who gave this answer , non consentancum fuit aliquem procerum alicui in eo loco responsurum . which had signified nothing , if the bishops had not been allowed to be proceres regni . so much for his negative precedents . ii. some of his precedents were condemned in parlament to be irregular and erroneous in other respects ; and therefore it is no wonder if they should be so in this . . the iudgment upon roger mortimer , earl of march , ed. iii. was reversed in parlament ed. iii as defective and erroneous in all points ; being without any proof or witnesses , or bringing the person to answer for himself . and therefore it was an honour for the bishops not to be present . . the iudgment upon haxey , r. ii. is confessed by the authour to be most unjust , and would not onely have shaken , but wholly destroyed the very foundation of parlament ; and reversed h. iv. as against right and course of parlaments . and he confesseth the bishops were present at condemning it , but not at passing it . which also makes much for their honour . iii. some of his precedents prove that when the bishops did withdraw , they did it voluntarily , and took care to preserve their right , either by protestation , or appointing a proxy . [ . ] that they withdrew voluntarily . so ed. iii. it is said , that the bishops did withdraw at that time , being of opinion that it did not properly belong to them to give counsel about keeping the peace , and punishing of malefactours : and so , saith he , they went away by themselves , and returned no more . but although this proves nothing but a voluntary act of the bishops in withdrawing ; yet the representation made of this matter is so partial , and different from the record , that i cannot but take a little more notice of it . . he saith , that the prelats being of opinion that it belonged not properly to them to give counsel about keeping the peace , or punishing such evils , they went away by themselves , and returned no more . thereby insinuating , that they looked on this matter as wholly unfit for them to meddle in , and thereupon left the house . whereas the words of the record are , si alerent mesmes les prelatz & les procurators de la clergie per eux mesmes a conseiler de choses susdites , & les ditz countes , barons & autres grantz per eux mesmes : so the prelats and proctors of the clergy went by themselves toconsult about the aforesaid matters , and the earls , barons and other great men by themselves . so that this withdrawing was but into several committees , as was usual at that time , by which the sense of the estates was best understood ; and then they met together , and agreed upon what was fit to be made a law. this appears by edw. iii a quen jour de ioedi eu ont trete & deliberation , cest assavoir les ditz prelats per eux mesmes , & les ditz countes , barons , & autres grantz , per eux mesmes ; & auxint les chivalers des countes per eux mesmes : upon which thursday they enter'd upon debate , ( concerning the news from scotland ) the prelats by themselves , the lords and other great men by themselves ; and so the knights of counties by themselves . the houses being then not wholly separate , nor always together ; but dividing into committees , and not into houses , as occasion required ; and then joyning together to express their common sense . so ed. iii. when the occasion of their meeting was deliver'd , which was an extraordinary message from rome , the pope sending for tribute and homage , it is said , the bishops went by themselves , and the other lords by themselves , and the commons by themselves ; and then met together , and declared their unanimous resolution to oppose to the uttermost any such demand . such a withdrawing of the bishops it was in this case . for they and the proctors of the clergy ( whether by them we understand the procuratores cleri , who , according to the modus tenendi parlamentum , made a part of the parlament ; or the proxies of the absent bishops , who were allowed to supply their places , as appears by ed. i. and the case of the bishops of durham and carlile in the parlament at westminster ed. ii. and r. ii. and many other instances afterwards ) thought fit to consider in this matter what was most proper for them . and accordingly we find ecclesiastical censures added to the civil sanctions , and brought in by the prelats at that time , which are still extant in the record . . whereas he saith , the bishops returned no more , the record saith the contrary . for it expresly saith , that the orders for keeping of the peace agreed on by the committee of lords were read before the king , the bishops , the knights of counties , and the commons , and did please them all ; & per nostre seigneur le roi , prelatz , countes , baronns , & autres grantz , & auxint per les chivalers de countez & gentz de commun , furent pleynment assentuz & accordez . and the same is immediately said of the censures brought in by the bishops . which made me extremely wonder at his saying that the bishops returned no more ; whereas it is very plain , they did not onely return , but the orders were read before them , and they did give their assent to the passing of them . in the parlament r. ii. that it was onely a voluntary withdrawing , i prove from the concessions of the authour of the letter ; viz. that they might be present in all acts of attainder . for it is evident from the printed statutes , that they proceeded by way of attainder against the ministers of state ; and therefore they might have been present , if they pleased , upon the authour 's own grounds . how is it then possible for him to understand de iure non possumus , in their protestation r. ii. of the law of the land , when he grants that in all acts of attainder , they may de jure be present and give their votes ? [ . ] when they did solemnly withdraw , they took care to preserve their right two ways ; ( . ) by protestation , ( . ) by proxie . . by protestation , saving their right ; which was receiv'd by the house , and enter'd : of which before . the late authour of the peerage and iurisdiction of the lords spiritual will not allow the protestation to be an argument of any right ; neither , saith he , doth the permission or allowance of any protestation yield the right which the protester is desirous to save , but onely saves the right which he had before , if he had any . whereas the authour of the letter makes it as good as a law , being entred in the iournal-book , that such a thing was agreed by the king and the two houses . i will not deny that the former authour speaks more reasonably in this matter , when he saith , that the utmost a protestation can doe is , to anticipate a conclusion , or estoppell ; i.e. to provide that the doing of any such act as is contained in the protestation , shall not be construed to the prejudice of the party , so as to bar or conclude him from claiming afterwards that which in truth is his right . it is true , this protestation passed with greater solemnity then usually ; for it was with the consent of the king and both houses : but however it retained the nature of a protestation . and there was no distinction at that time between a iournal-book and the rolls of parlament . for a good authour assures us , the iournals of the vpper house began h. viii . and therefore the authour of the peerage , &c. deserved no such severe reproof on that account . but this is all i plead for , viz. that this protestation was a salvo to their right ; which meeting with no contest or opposition in the houses , but passing with unanimous consent , is a certain argument the houses did not think there was any law to exclude them . and therefore the authour of the iudicature very well saith , that had it not been for the canon-law , ( for which he referrs to the synodal constitutions at westminster h. ii. which is onely reviving the council of toledo's canon , ) they might have been present both by common law , and by the law of god. . by proxie , or one common procurator to appear in parlament for them , and to vote in the name of the whole body . this was receiv'd and allow'd r. ii. upon the petition of the house of commons , because iudgments had been reversed without their concurrence . against this the authour of the letter objects many things which are easily answer'd . . that hence it appears they could not be personally present . on the contrary , from hence it follows they had a parlamentary right to be present ; although they said by canon-law they could not . . that it was never practised but in this one parlament . that is strange , when himself confesseth , that it passed for good law ed. iv. term. pasch. n. . and the same is cited by stamford placit . cor. l. . f. . to which judgment of the lawyers , and the greatest of their time , ( for littleton was then judge ed. iv. ) we have a very extraordinary answer called error temporis ; which will equally make void the law or iudgment of any age. but is it possible , that should pass for law ed. iv. which was never practised but once r. ii. and the contrary practice had been onely allowed all the intermediate times ? thus a short answer may be given to the constitution of clarendon , it was error temporis ; to the allowing the protestation r. ii. it was error temporis ; and so on to the end of the chapter . if there were any error temporis in this matter , it lay in this , that they took this precedent r. ii. for a sufficient ground , that the bishops should onely appear by proxy in such cases ; whereas the canon-law being taken away since the reformation as to these matters , their right of personal appearing doth return to them of course . . that this parlament was repealed h. iv. but this i have answer'd already from his own words , wherein he acknowledges him to be an vsurper , and consequently the repeal not made by a legal parlament . and this repeal was again taken off ed. iv. . that it is not at all parlamentary , for one or two men to represent a whole body . the consequence then is , that they ought to enjoy their own personal right . all that we urge from hence is , that the bishops kept up their right still by their proxies , when they thought the canons would not allow voting in their own persons . iv. some of his precedents do prove , that after the protestations and proxies , they did assert their own personal right , and were present both at examinations , and at the whole proceedings . . at examinations . as in the case of sir william rickill h. iv. who was brought to parlament before the king and the two houses , the lords spiritual and temporal and the commons then assembled together . and he grants the bishops were present at his examination . . at the whole proceedings , h. vi. where he confesseth the bishops were not onely personally present , but did act and bear a principal part in aiudicialproceeding in parlament , in a case that was in it self capital , viz. of william de la pole , duke of suffolk . which is very fully related by the authour , and needs no repetition . all that he hath to say to this , is , that the whole proceedings were irregular , and not to be drawn into precedent . whereas a great lawyer in his time , sir e. c. made use of this as a sufficient precedent in a case of great moment , about commitment upon a general accusation . but there is not any irregularity expressed or intimated in the bishops appearing , and judging as other lords did ; and the judgment was not reversed because of their being there , as we have shewed others have been for their being absent . v. none of all his precedents do prove that the bishops were ever excluded from sitting , by any vote of the house of lords or commons . that they might voluntarily withdraw , we deny not ; or not be present at giving of iudgment out of regard to the canons : which is all that is proved by the precedent of iohn hall h. iv. of the earls of kent , huntington , &c. h. iv. of sir iohn oldcastle h. v. and of sir iohn mortimer h. vi. and this we have made appear was done by them out of regard to the canon-law ; the force of which being taken away by the reformation , the bishops are thereby restored to their just parlamentary right . neither can any disusage be a bar to that right , since the ground of that disusage was something then supposed to be in force , which is now removed by the reformation . and i fear , if this kind of arguing be sufficient to overthrow the bishops right , much stronger of the same kind may be used to overthrow the king's supremacy in mattters of religion . so great care ought men to have , lest under the colour of a mighty zeal against popery , they do overthrow the very principles of our reformation . vi. there are precedents upon record in the rolls of parlament , which are not mention'd by the authour of the letter , which do prove that the bishops were present at the examination of treason and capital offences in parlament . and that within the time , wherein he pretends to give an account of all the trials recorded in the rolls . which shews how easily men pass by those things they have no mind to see . i begin with ed. iii. and i must doe him that right , as to say , that he doth not onely mention the trial of roger mortimer , but of sir simon bereford and others who were accused and tried in parlament . but pretending , that the roll of that parlament is so defaced that it cannot be read , he runs to that of ed. iii. and so gently passes over all the other trials which are in the record , and are more plain and express as to this matter . among the articles against roger mortimer , ed. l of march , one is , that after he knew certainly the death of edw. ii. he made use of instruments to perswade edward earl of kent , that king's brother , that he was still living , and so drew him into a design for his rescue ; for which he was attainted at winchester , and there suffer'd death for it . among these instruments the chief was one mautravers , who for that reason was attainted this parlament : and the words of the record are , trestouz les pieres , counts & barons assemblez a cest parlement a west . si ont examine estraitement , & sur ce sont assentuz & accordez , que john mautravers si est culpable de la mort esmon count de kent , &c. all the peers , counts and barons assembled in this present parlament , upon strict examination do assent and agree , that john mautravers is guilty of the death of edmund earl of kent . here we have the strict examination of a capital case in parlament , and all the peers are said to be present at it . it is used as an argument by the authour of the letter , that in the case of roger mortimer , the bishops could not be comprized under the general name of peers , since the barons are first in rank . but here the peers are mentioned before counts and barons ; and it will be impossible for him to assign any other peers at that time , that were named before them , but the prelats ; who frequently are so put in the records of that time : as in the same parlament n. . prelatz , countes , barons ; n. . et per assent des ditz prelatz , countes , barons ; so again n. . . . . . but the authour of the letter saith , they cannot pretend to be peers of the realm . let him name then other peers of the realm at that time , who were neither counts nor barons , and were before them . but if we are to judge who are peers of the realm by the records of parlament , i do not question but i shall make it evident , that the bishops were so esteemed ; and that some persons , who pretend to great skill in records , either have not searched so diligently , or have not observed so carefully about this matter as they might have done . but of this afterwards . in the same parlament judgment was passed upon boges de boyons , iohn deveril , thomas gurnay , william ocle ; but being by way of attainder , and not upon particular examination , which is mentioned in the case of mautravers , i pass them over . in the pleas of the crown held before the king in this parlament , we find another case which relates to our present debate ; viz. of thomas lord berkely and knight , who was arraigned for the death of king ed. ii. who came before the king in pleno parlamento , in full parlament , and there pleaded not guilty ; and declared he was ready to clear himself as the king's court should advise . then they proceeded to particular examination of him , how he could acquitt himself , being lord of the castle where the king was murthered , he being committed to his custody and john matravers . he pleaded for himself , that he was then sick at bradley , and knew nothing of it . they charged him , that the keepers of the castle were of his own appointing ; and therefore he was bound to answer for them . he answer'd , that they with matravers having receiv'd the king into their custody , he was not to be blamed for what they did : and for this he put himself upon his country . at the day appointed for his trial , he appears again coram domino rege in pleno parlamento ; and the iury returned him not guilty . but because he appointed gurney and ocle to keep his castle of berkely , by whom the king was murthered , the king appoints him a day the next parlament to hear his sentence ; and in the mean time he was committed to the custody of ralph nevil steward of the king's house . in the next parlament edw. iii. n. . the prelats , earls and barons petition the king , that he might be discharged of his mainprisors : the which was granted , and a farther day given him to appear next parlament . but we reade no more of him , till the summons he had ed. iii. as one of the lords in parlament . the great force of this precedent lies in understanding what is meant by appearing before the king in full parlament . if under this the bishops be comprehended , then this will be an uncontroulable precedent of the presence of the bishops in the examination of a case capital . what the importance of this phrase of full parlament is , will best appear by the use of it in the records of that time . ed. iii. n. . et est assentu & accorde per nostre seigneur le roi , & touz les grantz en pleyn parlement . where it was agreed , that the procedings at that time by the lords against those who were not peers should not be drawn into consequence ; and that the peers should be charged onely to try peers . which hath all the formality of an act of parlament : and therefore all the estates were present , n. . accorde est per nostre seigneur le roi & son conseil en pleyn parlement . which was an act of pardon concerning those who followed the earl of lancaster . ed. iii. n. . we have the particular mention of the bishops , as some of those who do make a full parlament . accorde est per nostre seigneur le roi , prelatz , countes , barons , & autres grantz du roialm en pleyn parlement : and n. . en pleyn parlement si prierent les prelatz , countes , barons , & autres grantz de mesme le parlement , a nostre seigneur le roi , &c. ed. iii. n. . the archbishop of canterbury made his oration en pleyn parlement , which is explained by en la presence nostre seigneur le roi , & de touz les prelatz , & autres grantz . n. . si est accorde & assentu per touz en pleyn parlement : who those were , we are told before in the same number , viz. les prelatz , countes , baronns , & touz les autres somons a mesme le parlement . which is the clearest explication of full parlament , in the presence of all those who were summon'd to parlament . from whence it follows , that where a full parlament was mention'd at that time , the bishops were certainly present ; and consequently did assist at the trial of thomas lord berkely , who appeared before the king in full parlament : as nich. de segrave did ed. i. and there the bishops are expresly mention'd as present ; as appears by what hath been said before concerning his case . h. iv. henry hotspur , son to the earl of northumberland , was declared a traitour by the king and lords in full parlament ; and the same day , the father was , upon examination , acquitted of treason by the peers . it is not said that this was done in full parlament , as the other was : but there are several circumstances which make it very probable the bishops were then present . ( . ) when the earl of northumberland took his oath of fidelity to the king , he did it , saith the record , upon the cross of the archbishop ; which was to be carried before him , if he went out of the house . ( . ) the archbishop of canterbury pray'd the king , that forasmuch as himself and other bishops were suspected to be in piercie's conspiracy , that the earl might upon his oath declare the truth : who thereupon did clear them all . which shews that the archbishop was then present in the house . and for the same reason that he was present , we may justly suppose the other bishops to have been so too . ( . ) the earl of northumberland beseeched the lords and earls and commoners , that if he brake this oath , they would intercede no more with the king for him . now the better to understand this , we are to consider , that h. iv. takes notice in his declaration upon the rebellion of sir henry piercy , that the earl of northumberland and his son gave out , that they could have no access to the king , but by the mediation of the bishops and earls , and therefore did beseech them to intercede with the king for them . it is not then probable , that those should be now left out , when the words are large enough to comprehend them , and no one circumstance is brought to exclude them . for that general one , of their not being peers , will be fully refuted afterwards . but that which puts this out of dispute is , ( . ) that the record saith , n. . the commons not onely gave the king thanks for the pardon of the earl of northumberland , but the lords spiritual and temporal , in these remarkable words ; et au●i mesmes les cōes remercierment les seigneurs espirituelx & temporelx de lour bon & droiturell judgment quils avoient fait come piers du parlement : and likewise the commons gave thanks to the lords spiritual and temporal for the good and right iudgment which they had given in this case as peers of parlament . which is a clear precedent of the bishops judging in a capital case , and that as peers . h. vi. n. . iohn lord talbott had accused iames boteler , earl of ormond , of sundry treasons before the king and his great council ; and after , before iohn duke of bedford , constable of england . the king takes advice of his parlament about it ; and then it is expresly said in the record , de avisamento & assensit dominorum spiritualium & temporalium ac communitatis regni anglie , in eodem parlamento existent ' , facta fuit quedam abolitio delationis , nuntiationis , & detectionis predict , &c. here the king adviseth with the lords spiritual in an accusation of treason ; and therefore they must be present in the debates concerning it . i leave now any considerate person to judge impartially on which side the right lies . for on the one side , . there is the constitution of clarendon interpreted by h. ii. and the bishops at northampton . . a protestation of their right enter'd , and allowed by king , lords and commons , r. ii. . a reversing of iudgments owned by parlament for want of their presence , r. ii. . a preserving of their right by proxie , when they thought their personal attendance contrary to the canons . . a bar to a total discontinuance of their personal right , by an allowed precedent h. vi. . a restoring them to their former right , by removing of the force of the canon-law upon the reformation . . no one law or precedent produced for excluding them , even in those times , when they thought the canons did forbid their presence . . several precedents upon record , wherein they were present at examinations and debates about cases capital . on the other side , . the precedents are general , and negative . . or relating to such cases wherein they are allowed to be present . . or of iudgments condemned as erroneous by parlament . . or of voluntary withdrawing , with protestation of their right , and making of proxies . . or of not being present at the passing of iudgment out of regard to the canon-law . and now on which side the right lies , let the authour of the letter himself judge . chap. iv. the peerage of the bishops cleared ; how far they make a third estate in parlament . objections against it answered . there remain two things to be considered , which are put in by way of postscript by the authour of the letter : the one concerns the peerage of the bishops , the other their being a third estate in parlament . . concerning their peerage . to prove this two statutes had been alledged , ed. iii. c. . and h. v. c. . and the opinion of iudges and lawyers out of the year-books . but although these had been very significant , if they had been against them ; they have the hard fortune to signify nothing , when they are for them . a meer protestation becomes good law , very substantial law , if it be supposed to make against the bishops ; and yet in that very protestation the right of peerage is expresly challenged , ( as well as it is asserted and taken for granted in the statutes mention'd . ) is that part of the protestation invalid ? and must nothing pass for law but what is against them ? is it credible that a right of peerage should be owned and received in acts of parlament , in protestations , in year-books , time after time ; and no opposition made against it by the temporal lords all that time , in case they believed the bishops had challenged that which by no means did belong to them ? did not the temporal lords understand their own privileges ? or were they willing to suffer the bishops to assume their titles to themselves without the least check or contradiction , and let their protestations be enter'd in the rolls of parlament without any contrary protestation ? i do not question but the authour of the letter did reade the bishops protestation at large in the parlament-rolls r. ii. and can any thing be plainer , then that therein they challenge a right of peerage to themselves , ut pares regni — cum caeteris regni paribus , & c. ? and this protestation , he saith , was enter'd by consent of the king , lords temporal , and commons ; as is expressed in the rolls . were the temporal lords awake ? or were they mean and low-spirited men ? no ; they were never higher then at this time , when the king himself durst not withstand them . what could it be then , but meer conviction of their just right of peerage , which made them suffer such a protestation as that to pass , after so solemn and unusual a manner , and to be enrolled par commandment du roy , & assent des seigneurs temporels & communs ; as it is in the rolls ? was all this onely a complement to the potent clergy at that time ? but who can imagine that king , lords and commons should complement at that rate , as to suffer the bishops to challenge a peerage to themselves in parlament , if they had not an undoubted right to it ? this one argument is sufficient to convince any reasonable man. especially when we consider , that in the same parlament , before the protestation was brought in , a motion was made n. . by all the lords spiritual and temporal , which they claimed come leur libertez & franchise , as their liberty and privilege , that all weighty matters moved in this parlament , or to be moved in any to come , touchant pieres de la terre , concerning the peers of the realm , should be determin'd , adjudged and discussed by the course of parlament ; and not by the civil , nor by the common law of the land , used in inferiour courts of the realm . the which claim , liberty and franchise , the king most willingly allowed and granted in full parlament . from whence it is evident , that the king and parlament did allow the right of peerage in the lords spiritual ; for it is said expresly in the record , that all the spiritual as well as temporal lords joyned in this claim : which being allowed them in full parlament , is an evidence beyond contradiction of their right of peerage . but against this no less is pretended then magna charta , viz. that every man who is tried at the king's suit must be tried by his peers . now if a bishop be tried for any capital offence , he is tried by the commoners , and that is the common law of england ; it hath ever been so , never otherwise : then must commoners be his peers , and he and commoners must be pares . to this argument , how strong soever it appears , these two things may be justly answer'd . . that the matter of fact cannot be made out , that a bishop hath always been tried by commoners . . that if it could , it doth not overthrow their peerage in parlament . ( . ) that the matter of fact cannot be made out , viz. that if a bishop be tried for a capital offence , he is tried by the commoners ; that it hath ever been so , never otherwise . for in ed. iii. iohn stratford , archbishop of canterbury , was at the king's suit accused of capital crimes , viz. of no less then treason , and conspiracy with the french king. he put himself upon his trial in parlament . a parlament was called ; and he at first refused admission into the house ; which he challenged tanquam major par regni post regem , & uocem primam in parlamento habere debens , as the first peer of the realm after the king , and having the first uote in parlament . upon which , and the intercession of his friends , he is admitted into the house ; and there he put himself upon the triall of his peers . at which time a great debate arose in the house , which continued a whole week ; and it was resolved , that the peers should be tried onely by peers in parlament . whereupon the archbishop had peers appointed to examine the articles against him : bishops , viz. london , hereford , bath , and exceter ; earls , arundel , salisbury , huntingdon , and suffolk ; and barons , percy , wake , basset , and nevil . here we have all that can be desired in the case . here is a bishop tried at the king's suit , and for a capital crime ; and yet not tried by commoners , but by his peers , and that after long debate in the house concerning it . if it be said , that he was tried by the lords as iudges in parlament , and not as his peers ; it is answer'd , . then bishops are iudges in parlament in cases capital : for so this was , and bishops appointed to examine it . . the debate in the house was about trial of peers by their peers ; and upon that it was resolved , that the archbishop should be tried by the house . for the king designed to have him tried in the exchequer for the matters objected against him , and the steward of the king's house and lord chamberlain would not suffer him to enter into the house of lords , till he had put in his answer in the exchequer . upon which the great debate arose ; and therefore the resolution of the house is as full a precedent in this case as can be desired . i do not deny , that the rolls of parlament of that year seem to represent the peers , as birchington calls them , not as appointed to examine the particular case of stratford ; but to draw up in form the desire of the peers as to a trial by their peers , in parlament : the which is extant in the record ed. iii. n. . however , this argument doth not lose its force as to the peerage of the bishops ; but it is rather confirmed by it . for there they pray the king , by the assent of the prelats , counts and barons , that the peers of the realm may not be judged but in parlament , & per lour piers , and by their peers : and after it follows , that they may not lose their temporalties , lands , goods and chattels , &c. who were capable of losing their temporalties , but the prelats ? therefore this law must respect them as well as others . as farther appears not onely by the occasion , but by the consequent of it . for it follows , n. . that the archbishop of canterbury was admitted into the king's presence , and to answer for himself in parlamentdevant les piers , before his peers : which the king granted . so that the rolls of parlament put this matter beyond contradiction . in r. ii. thomas arundel , archbishop of canterbury , was impeached of high treason before the king and lords in parlament . the king ' s answer was , that forasmuch as this impeachment did concern so high a person , & pier de son roialm , ( it is in the record , but left out in the abridgment ) and a peer of the realm , the king would be advised . but soon after he was condemned for treason by the house , theproxie of the bishops , sir tho. percy , giving his vote . the force of this doth not lie barely in his being impeached before the house of peers in time of parlament ; but that the king called him in his answer a peer of the realm . and because two laws were already passed , the one , that peers were to try none but peers , ed. iii. n. . the other , that peers were to be tried onely by their peers , ed. iii. n. . the former of these , the authour of the iurisdiction of the house of peers asserted ( one well known to the authour of the letter ) would have onely looked on as a temporary order of the house . but our greatest lawyers are of another opinion . and an eminent lawyer still living urged this as an act of parlament , because it is said , that the king in full parlament assented to it : and he added , that the words are both affirmative and negative ; they shall not be bound , or charged to try any other then peers , but be thereof discharged ; and that therein they declare it to be against law for them to exercise iurisdiction on those who were not their peers . from whence it follows , that since stratford and arundel , archbishops of canterbury , were allowed to be tried by the house of peers , ( without impeachment from the commons ) they were looked on as peers by the whole house . the latter act , the same authour cannot deny to be a binding law ; but he hath a strange fetch to avoid the force of it ; viz. that this law was made with respect to the case of roger mortimer ed. iii. and not to the case of stratford then in agitation : which is without all colour of reason . for the case then was of a different nature , viz. about the peers trying those who were not peers , as sir simon bereford , &c : but here the case was , whether peers should be tried by any others then their peers ; and the king granted they should not . now upon this stratford was allowed to be tried by his peers in parlament ; and therefore this trial upon these acts is an invincible argument of the peerage of the bishops . in h. vi. when william de la pole , duke of suffolk , waved being tried by his peers , and submitted to the king's mercy ; the record saith , ( as the authour of the letter himself confesseth ) that viscount beaumont , on the behalf of the lordsspiritualand temporal , and by their advice , assent and desire , moved the king , that a protestation might be enter'd in the parlament-roll , that this should not be , nor turn in prejudice nor derogation of them , their heirs , ne of their successours in time coming ; but that they may have and enjoy their liberties and freedoms as largely as ever their ancestours and predecessours had or enjoy'd them before this time . which sir r. cotton more briefly expresseth , n. . that neither they nor their heirs should by this example be barred of their peerage . the authour of the letter more fully puts in successours , as well as heirs ; for this protestation was made in behalf of the lords spiritual as well as temporal . but very unfairly leaves out the most material words in the record , viz. [ after freedoms , ] in case of their peerage . and i appeal to the authour himself , whether these words be not in the record ; and with what ingenuity they are left out , i cannot understand . i do not charge the authour of the letter himself with this ; but whosoever searched the records for him , hath dealt very unfaithfully with him . and i suppose , if he had seen this passage himself , he would never have so peremptorily denied the peerage of the bishops ; nor asserted with so much assurance , that they are onely to be tried by commoners , and that it was always so , and never otherwise . ( . ) suppose the bishops have been tried by commoners out of parlament , this doth not take away their right of peerage in parlament . for all our dispute is concerning the right of their peerage in parlament ; and if that be allowed , we are not to dispute concerning the difference that in some respects may arise by custom , or practice of common law , between peers by descent , and peers by tenure in right of their baronies . and therefore the authour of the peerage of the lords spiritual might have spared all the needless pains he takes about this : for we do not contend that they have an inheritable peerage , but that they are peers in parlament , having a right to sit and judge there by virtue of their baronies . but from hence he undertakes to prove , that by magna charta they cannot be iudges of such who are ennobled in bloud . this comes home to our present business , and therefore must be considered . . he saith , that he who hath onely a praedial or feudal , and not personal , peerage , can have no iurisdiction but such as is suitable to the nature of his peerage ; and therefore can onely extend to matters of property and possession , and not to matters of bloud . but that this is a very trifling and ill-consider'd argument appears by this , that he grants a lord keeper , lord privy seal , lord treasurer , to be peers by their offices ; for , as he speaks , after regradation their peerage is ended : and he will not deny that these may sit as iudges in capital cases , although they be peers onely by their offices . those that are peers in parlament have right to judge in all cases that belong to the iudicature of parlament . . he saith , that the reason of magna charta is , that the iudges and prisoner may be under the same circumstances . but this kind of arguing as well excludes a lord keeper , who is no baron , as a bishop ; and supposes that mens capacity for judgment depends upon perfect equality of circumstances : whereas knowledge and integrity go farther towards constituting one that is a peer but in one respect , a just judge , then bare inheritance of honour can do . but to give a full answer to this argument , on which that authour lays so much weight , and challenges any person , to give a rational account wherein the advantage of a man's being tried by his peers doth consist ; i shall ( ) shew that this was not the reason of trial by peers ; ( ) give a brief account of the true and original reason of it . [ . ] that this was not the reason . . not in the judgment of the peers themselves , as that authour hath himself sufficiently proved , when he takes so much pains to prove p. . that a writ of summons to parlament doth not ennoble the bloud ; and consequently , doth not put persons into equality of circumstances with those whose bloud is ennobled : and yet he grants , that those who sate in the house of peers by virtue of their summons did judge as peers ; as is manifest from his own precedents p. . from the edw. . from whence it follows , that this was not thought to be the reason by the peers themselves in parlament . . that this was not the reason in the judgment of our greatest lawyers ; because they tell us , that where this reason holds , yet it doth not make men judges . as for instance , those who are ennobled by bloud , if they be not lords of parlament , are not to be judges in the case of one ennobled by bloud . onely a lord of the parlament of england , saith coke , shall be tried by his peers being lords of parlament ; and neither noblemen of any other country , nor others that are called lords , and are no lords of parlament , are accounted pares peers within this statute . therefore the parity is not of bloud , but of privilege in parlament . . the practice it self shews that this was not the reason . for this reason would equally hold whether the trial be at the king's suit , or the suit of the party : but in the latter case , as in an appeal for murther , a man whose bloud is ennobled must be tried by those whose bloud is not ennobled ; even by an ordinary iury of men . and i desire our authour to consider what becomes of the inheritable quality of bloud in this case , when life and fortune lies at the mercy of substantial free-holders ? who , it is likely , do not set such a value upon nobility as noble-men themselves do : and yet our law , which surely is not against magna charta , allows an ordinary iury at the suit of the party to sit in judgment upon the greatest noble-men . therefore this reason can signifie nothing against the bishops , who are lords in parlament , as i have already proved . [ . ] i shall give a brief account of the true and original reason of this trial by peers ; without which , that authour it seems is resolved to conclude , that the iurisdiction of the bishops in capital cases is an abuse of magna charta , and a violation offer'd to the liberties of english subjects . as to the general reason of the trial by peers , it is easie to conceive it to have risen from the care that was taken , to prevent any unfair proceedings in what did concern the lives and fortunes of men . from hence tacitus observes of the old germans , that their princes , who were chosen in their great councils to doe justice in the several provinces , had some of the people joyned with them , both for advice and authority . these were assessours to the judges ; that mens lives and fortunes might not depend on the pleasure of one man : and they were chosen out of the chief of the people , none but those who were born free being capable of this honour . in the latter times of the german state , before the subduing it by charlemagn , some learned men say , their iudges were chosen out of the colleges of priests , especially among the saxons . after their being conquer'd by him , there were courts of judicature established among them , as in other parts of the german empire . . one ordinary and popular , viz. by the comites , or great officers sent by the emperour into the several districts ; and the scabini , who were assistants to the other , and were generally chosen by the people . the number of these at first was uncertain ; but in the capitulars they are required to be seven , who were always to assist the comes in passing judgments . but ludovicus pius , in his second capitular , a. d. . c. . enlarged their number to . and if they did not come along with him , they were to be chosen out of the most substantial free-holders of the county : for the words are , de melioribus illius comitatûs suppleat numerum duodenarium . this i take to be the true original of our juries . for our saxon laws were taken very much from the laws of the christian emperours of the caroline race , as i could at large prove , if it were not impertinent to our business ; and thence discover a great mistake of our lawyers , who make our ancient laws and customs peculiar to our selves . as in this very case of trial by peers , which was the common practice of these parts of the world. therefore otto frisingensis takes notice of it as an unusual thing in hungary ; nulla sententia à principe , sicut apud nos moris est , per pares suos exposcitur — sola sed principis voluntas apud omnes pro ratione habetur : that they were not judged by their peers , but by the will of their prince . which shews , that this way of trial was looked on as the practice of the empire , and as preventing the inconveniences of arbitrary government . and it was established in the laws of the lombards , and the constitutions of sicily . in the one it is said to be iudicium parium ; in the other , proborum virorum . in the saxon laws of king ethelred at wanting , c. . freemen are appointed to be sworn to doe iustice among their neighbours in every hundred . those in the laws of alfred are rather compurgators then iudges ; however some make him the authour of the trial by peers in england . but by whomsoever it was brought into request here , it was no other way of trial , then what was ordinary in other parts of europe ; and was a great instance of the moderation of the government of the northern kingdoms . . there was an extraordinary or royal court of iudicature : and that either by way of appeal , which was allowed from inferiour courts ; or in the causes of great men , which were reserved to this supreme court. in which either the king himself was present , or the comes palatii , who was lord high steward ; and all the great persons were assessours to him . in such a court brunichildis was condemned in france ; and tassilo duke of bavaria in the empire ; and ernestus , and other great men , a. d. ; and erchingerus and bartoldus under conradus , the last of the french race . and among the causes expresly reserved for this supreme court , were those which concerned the prelats as well as the nobles . vt episcopi , abbates , comites , & potentiores quique , si causam inter se habuerint , ac se pacificare noluerint , ad nostram jubeantur venire praesentiam : neque illorum contentio aliubi judicetur . but in this court they challenged that as their privilege to be tried by their peers ; who were called pares curiae . so the emperour sigismund , in his protestation before the states of the empire ; cùm secundùm juris communis dispositionem , nec non usum , morem , stylum & consuetudinem sacri romani imperii , feudalis contentio per dominum feudi , ac pares curiae terminanda sit , &c. and again , nisi parium nostrae curiae arbitrio . so likewise in france , as tilius saith , haec judiciorum ratio , ut de causis feudalibus judicent feudales pares , in gallia est perantiqua . so in fulbertus one count sends word to another , that their cause should not be determin'd , nisi in conventu parium suorum . and many other examples might be produced : but these are sufficient to make us understand the true original of this right of peerage ; which was from the feodal laws ; and all those who held of the same lord , and by the same tenure , were said to be pares peers . and therefore since the bishops in england were barons by tenure ever since william i. by consequence they were peers to other barons ; and had the same original right of trial by other barons as their peers , holding by the same tenure , and sitting in the same court. and thus i hope i have given ( what that authour so impatiently desired , viz. ) a rational account of the trial by peers ; and have thereby shewed , that this is so far from being any disadvantage to the bishops cause , that it adds very much to the iustice of it . and that this is so far from being a violation of magna charta , that it is within the intention and meaning of it , i thus prove . in the . ch . of magna charta we read , comites & barones non amercientur nisi per pares suos : but by the common law the amerciament of a bishop is the same with that of a lay-baron ; and therefore in the sense of the law , they are looked on as peers . and all the parlamentary barons , whether bishops or abbots , were amerced as barons . thence edw. . a writ was directed to the justices of the common pleas , that they should not amerce the abbot of crowland tanquam baro , because he did not hold per baroniam aut partem baroniae . and it is confessed by the most learned lawyers , that the lords spiritual do enjoy the same legal privileges , in other respects , which the temporal barons do ; as in real actions to have a knight returned in their iury ; as to a day of grace ; hunting in the king's forests ; scandalum magnatum , &c. now since the law of england allows onely a double parity , viz. as to lords of parlament , and commons , whether knights , esquires , gentlemen , or yeomen , without any consideration of the great inequality of circumstances among them ; ( yeomen having as little sense of gentility , as commons can have of the privileges of nobles ; ) it is apparent that this trial by peers was not founded upon equality of circumstances ; and that in all reason , those who do enjoy the legal privileges of peers , are to be looked on as such by magna charta . but the great objection is , that the lawyers are of another opinion , as to this trial by peers ; and not onely the common sort , who take all upon trust which they find in the modern law-books , but those who have searched most into antiquity , such as mr. selden and sir edw. coke . to this therefore i answer . . the authour of the peerage , &c. proves the bishops are not peers , because not to be tried by peers . this consequence mr. selden utterly denies ; for he saith , it is true and plain that the bishops have been peers . for which he quotes the bishop of winchester's case , who was question'd in the king's bench for leaving the parlament at salisbury in the beginning of ed. iii. and he pleaded to the declaration , quod ipse est unus e paribus regni , that he was one of the peers of the realm : which , he saith , was allowed in court. and from other book-cases and parlament-rolls he there evidently proves , that the bishops were peers : which he not onely asserts in that confused rhapsodie , which went abroad under his name ; but in his elaborate work of the last edition of his titles of honour , in which he corrected and left out the false or doubtfull passages of his first edition . and among the rest , that passage wherein this authour triumphs , a bishop shall not be tried by peers in capital crimes . the same thing i confess is said in the privileges of the baronage ; which he there calls a point of common law as it is distinguished from acts of parlament ; i. e. the custom and practice hath been so . and the onely evasion he hath for magna charta is this ; that it is now to be interpreted according to the current practice , and not by the literal interpretation of the words . which is an admirable answer , if one well considers it , and justifies all violations of magna charta , if once they obtain and grow into custom . for then , no matter for the express words of magna charta , if the contrary practice hath been received and allowed in legal proceedings . this is to doe by magna charta , as the papists doe by the scriptures , viz. make it a meer nose of wax , and say it is to be interpreted according to the practice of the church . . some things are affirmed about this matter with as great assurance as this is , which have not been the constant practice . coke is positive , that bishops are not to be tried by their peers ; but so he is in the same page , that a nobleman cannot wave his trial by his peers , and put himself upon the trial of the countrey : whereas it is said in the record ed. iii. that thomas lord berkely , ponit se super patriam , put himself upon his countrey , and was tried by a jury of knights . and h. vi. the duke of suffolk declined the trial of his peers , and submitted to the king's mercy . by which it appears , that this was a privilege which was not to be denied them , if they challenged it ; but , at least before ed. iii. they might wave it if they pleased ; and after that too , if they were tried out of parlament . for this trial by peers was intended for a security against arbitrary power in taking away mens lives ; and therefore it was allowed at the king's suit , but not at the suit of the party . but if bishops were tried out of parlament , and did voluntarily decline the challenge of this privilege , this is no argument at all against their right of peerage : and so i find some say it was in the case of fisher , bishop of rochester , in h. viii ' s time ; which is the great precedent in the law-books . . the method of proceeding as to the trial of bishops by common iuries , while the pope's power continued in england , is not so clear , that any forcible argument can be drawn from thence . because the bishops then looked on themselves as having no peers , out of parlament , in point of judgment , but bishops . as in the famous case of adam bishop of hereford , under edw. ii. who was rescued from the king's bench by his brethren the bishops , because they looked on his appearing there as a violation of the liberties of the church . i do not go about to defend these proceedings ; but i am sure the authour of the peerage , &c. very much misrepresents this business : for he makes it as if the bishop were legally convicted in court by a common iury , and that after conviction he was deliver'd to the archbishop , to the intent , as he supposes , that he should be degraded . whereas , in truth , the bishops carried him out of the court , without his giving any answer to the endictment ; and when he was absent , the king commanded the iury to bring in their verdict ; and without ever being heard to make any defence for himself , they found him guilty in all the articles laid to his charge . that authour very freely bestows the terms of impudence on the bishops of that time , and ignorance on those who go about to defend them : but i desire to know whether of these two makes a man thus misrepresent a matter of fact ? for it was so far from being true , that upon conviction he was deliver'd to the archbishop to be degraded ; that he never appeared in court after , but continued under the archbishop's care , till , after a while , he fully reconciled him to the king ; notwithstanding the jury found him guilty of treason . i desire to be informed , whether we are to understand magna charta by such a trial as this ? whether he were judged by his peers , i know not ; but i am sure he was not by the law of the land ; which i think is as good a part of magna charta as the other . and this , our historians tell us , is the first instance of any trial of this kind , of any bishop in england : which hath too much of force and violence in it , to be a good interpreter of magna charta . the second precedent is verbatim out of mr. selden concerning iohn de isle , and the bishop of ely his brother ; which concerns such matters , wherein himself confesses the privilegium clericale was allowed ; and the record saith , the archbishop entering his plea , that he was to be deliver'd to him as a member of his church , he was accordingly deliver'd , after the jury had given in their verdict . which shews , indeed , the good will that was then used , to take away even the allowed privileges of the clergy by common juries . and this is another stout interpreter of magna charta ; when bracton , briton , fleta , stat. west . . articuli cleri c. . are confessed , even by sir edw. coke , to be so clear in the clergie's behalf in these matters . the third precedent , which is likewise out of the same authour , is of thomas merks , bishop of carlisle ; who , for his fidelity to r. ii. and the true heirs of the crown , against the usurpation of h. iv. was found guilty of treason by a common iury. but mr. selden is so ingenuous as to take notice , that the writ directed to the justices had in it a non obstante to a statute lately made at westminster ; licèt in stat. apud westm. nuper edito inter caetera continetur , quòd nullus archiep. nec episcopus coram iusticiariis nostris occasione alicujus criminis impetatur , absque speciali praecepto nostro , quousque , &c. which was read in court : but the judges urging , that the liberties of the church did not extend to high treason , then it is said , he did ponere se super patriam ; just as thomas lord berkely did ed. iii. this is the onely precedent that proves that a bishop , before the time of h. viii . did put himself upon a common iury : and yet we find as good a precedent of this sort , concerning an allowed peer of the realm . and whether this single precedent be sufficient to interpret magna charta , against the plain sense of the words , and to make a constant practice , i leave any rational man to judge . but if this were yielded in cases of high treason , wherein the privilege of clergy holds not ; ( especially since the statutes ed. iii. c. . and h. iv. c. , . ) mr. selden tells them , that there is no consequence from hence , because they are not to be tried by peers , therefore they are not peers : since the common law may limit this privilege of peers in one particular case , which may hold in all others . as it is no diminution to the peerage of the temporal lords , to be tried by a common iury at the suit of the party . i conclude the answer to this argument , as mr. camden doth his discourse about this subject ; who having proved that the bishops do enjoy all other privileges of peers , except this of being tried by them , ( which he seems to attribute to a kind of revenge upon them , for pleading such exemptions by the canon-law ) after all , he leaves it to the lawyers to determine , whether this be juris explorati . the meaning of which i am sure is not , as the authour of the letter expresseth it , that it was always so , and never otherwise . but the great difficulty to some is , that a praedial or feudal barony doth not ennoble the bloud ; and therefore can give no right of peerage . whereas it is well known , that all the baronies of england were such from the conquerour's time , till after the barons wars , when , for reason of state , it was thought necessary to make the nobility more dependant on the crown . and all that were barons were pares , i. e. peers . so du fresn quotes an old poem of the common laws of england , barons nous appellons les piers del realm . in france , from whence our baronies first came , ecclesiastical persons with praedial baronies are thought as capable of peerage as any . for , there at first all the barones regni ( who both in france and england were the same with the barones regis , however some of late have distinguished them ) sate in the great council , and all publick affairs passed through them ; and they were judged by their own order : and these were called pares regni , among whom the bishops were comprehended . at last lewis vii . a. d. . ( as most authours agree ) chose twelve out of the great number of the peers of france ; of which half the number were bishops who held feudal baronies of the king ; and the archbishop of rheims is the first of the whole number . and because these enjoy'd greater privileges then other peers , their number was increased by particular favour ; but the ancient right of peerage remained to all the barons of the realm . in scotland , when they appointed twelve peers for the king's council , they were bishops , earls , barons . so that in the neighbour nations feodal baronies were never thought inconsistent with peerage : and we have as little reason to think them so with us ; since to this day , the bishops do enjoy not onely the great right of peerage , of sitting and voting in the house of peers , but have some personal privileges of peers allowed them by the common law , as is already shewed . ii. the last thing to be considered is , the capacity in which they sit in the house , whether as a third estate or not ? the authour of the letter not onely denies it , but opposes it with great vehehemency , and offers many authorities and reasons against it . all which must be weighed with the same calmness and impartiality , which hath been hitherto used in this discourse . and there are three things to be distinctly handled for the clearing of this matter : . his foundation ; . his authorities ; . his reasons . ( . ) his foundation whereupon he builds ; which is , that the bishops sit in the house onely in the capacity of temporal barons ; william the conquerour having brought the temporalties of bishops under the condition of baronies . that they do sit there in the right of their baronies , was yielded at first ; but whether they sit there onely in that capacity , is the thing in question . and here i crave leave to make use of this authour's distinction , and to apply it to this purpose ; viz. of the bishops sitting in the house in a iudicial way , and in the legislative way . when they sit in the iudicial way , as members of the supreme court of iudicature , i grant that they sit onely in the capacity of temporal barons ; as appears by the constitution of clarendon , where the king requires their attendance in iudicature as his barons : but that in the legislative way they have a farther capacity , as representing a third estate in parlament , i prove by these arguments . [ . ] during the vacancy of bishopricks , writs were sent to the guardians of the spiritualties , to attend the parlament . which mr. selden , who cannot be suspected for partiality in this matter , saith , is obvious in the rolls of parlament ; and which he cannot deny to be an evidence of the bishops sitting in parlament as bishops , and as spiritual onely , as they did in the saxon times , in the wittena gemot . so likewise , the vicars-general had writs when the bishops were beyond sea. but neither of these could sit in parlament as temporal barons . but because so much depends on the proof of this , and no man hath yet undertaken it , i shall bring clear testimonies of the constant practice of it , from the records of the tower. edw. i. writs were directed custodi archiepiscopatûs eborum , sede vacante ; & electo menevensi , vel ejus vices gerenti , ipso agente in partibus transmarinis . ed. i. custodibus episcop . lincoln . sede vacante ; & capitulo eccles. b. p. eborum , custodibus spiritual . ejusdem dioces . sede vacante . ed. ii. vicario generali archiep. eborum , ipso archiepiescopo in remotis agente . . ed. ii. custodi archiepiscopatûs cantuar . sede vacante . ed. ii. to the same , & custodi episcop . london . sede vacante . ed. iii. custodi spiritualitatis archiep. cantuar. sede vacante : and twice the same ed. iii. ed. iii. rex dilecto sibi in christo priori eccles. christi cantuar. custodi spiritualit . archiep. cantuar. sede vacante . ed. iii. custodi spirit . episcop . norwic . sede vacante . ed. iii. custodi spirit . episcop . cicestr . sede vacante ; & h. episcopo lincoln . vel ejus vicario generali , ipso episcopo in remotis agente . ed. iii. a more general writ to the archbish. &c. vel vicariis vestris generalibus , vobis in partibus transmarinis agentibus . ed. iii. t. episcop . hereford . vel ejus vicario generali , ipso episcopo in remotis agente . ed. iii. custodi spiritualit . episcop . assaphensis , &c. the like we find e. ( . ) . . . . r. ( . ) . . . . . . . . h. ( . ) . h. ( . ) . . . . . . h. ( . ) . . . . . . . . . . edw. . in all these years , there are writs directed , either to the guardians of the spiritualties in the vacancies of the sees , or to the vicars-general or chancellours in their absence beyond the seas . which are sufficient to prove this to have been the constant practice of parlaments in those times . [ . ] some church-men were summon'd to parlament who could have no pretence to sit there as temporal barons . for h. iii. the deans of york , exceter , wells , salisbury and lincoln were summon'd with the like writ as the rest . and mr. selden observes , that in the times of edw. i. edw. ii. edw. iii. where the clause praemunientes is omitted in the writ to the bishops , there particular and several writs were sent to some deans and priors of cathedral churches , to appear in parlament . but to prove more fully the interest the clergy had then in parlaments , it is worth our observing , that in the ancient records there are several sorts of writs wherein the clergy were concerned . . in the common writs of summons to parlament sent to the archbishops and bishops , with the clause of praemunientes , which runs thus ; premunientes priorem & capitulum , or decan . & capit. ecclesie vestre , archidiaconos , totumque clerum vestre dioces . facientes , quod iidem prior & archidiaconi in propriis personis suis , ac dictum capitulum per unum , idemque cierus per duos procuratores idoneos , plenam & sufficientem potestatem ab ipsis capitulo & clero habentes , predictis die & loco intersint , ad consentiendum hiis que tunc ibidem de communi consilio ipsius regni nostri , divina favente clementia , contigerint ordinari . so mr. selden represents it from the ed. iii. membr . . and with him sir edw. coke agrees ; who saith , by this clause in the writ of summons to the bishops , they are required to summon these persons to appear personally at the parlalament : but he proves they had no voices there , because they are required onely ad consentiendum , &c. which is a very weak argument . for , ( . ) his own great authority , modus tenendi parlamentum , saith expresly , they were called ad tractand . & deliberand . and that their names were called over in the beginning of parlament ; and that they had a voice there , and did make up part of the commons of england . not that the procuratores cleri did sit together with them , after they had a speaker of their own ▪ of which i find no precedent : but they sate by themselves , having a prolocutor of their own : which is the very same name used in the rolls for the speaker of the house of commons . ( . ) these words do not exclude them from being part of the commune concilium regni , but onely shew , that their consent was required , according to the custom of that time . and ed. i. the clause is more full , ad tract and. ordinand . & faciend . the like ed. i. but in ed. i. the words are , ad faciend . & consentiend . ( . ) the same argument would exclude the commons from any voices : for in ed. i. the writ for chusing knights and burgesses ran after the same manner ; ita quod dicti milites plenam & sufficientem potestatem pro se & commun ' comit ' predict ' & dicti cives & burgenses pro se & communit civit ' & burg ' tunc ibidem habeant , ad faciend ' tunc quod de communi consilio ordinabitur in premissis . would any man be so unreasonable to infer from hence , that the house of commons have no votes ? the same form is used ed. i. — of the same . in ed. ii. it is , ad consentiendum , &c. ed. ii. it is , ad faciend . quod de communi consilio contigerit ordinari . ed. ii. ad faciendum & consentiend . and so it continued to the ed. iii. when first came in , ad tract and. consulend . faciend . but ed. i. it was onely , ad consulend . & consentiend . ed. iii. it was , ad faciendum & consentiendum his quae tunc de communi concilio regni contigerit ordinari : so edw. iii. which hath been the general form , ever since observed , and would exclude the house of commons from any votes in parlament , as well as the clergy . . there were other writs of summons to parlament wherein the clause praemunientes was left out ; and then particular writs were sent to such deans and dignified clergy-men as the king thought fit . so it was not onely h. iii. but there were two summons ed. i. and in one of them the clause praemunientes was inserted , in the other not . it was left out ed. i. and in one ed. i. and put in another , and left out again . and . of ed. i. inserted ed. ii. in one writ , and omitted in others ; and so in the following years : but afterwards generally inserted , except ed. ii. . . . in ed. iii. it was omitted , and so in . and some few years afterwards : but then it generally obtained , that the clause praemunientes was put into the writs of the bishops summons to the parlament . . there were writs of summons to great councils , which were no assemblies of the estates ; and then onely some great bishops and lords , or other great men were summon'd , without any writs to others , or any notice taken of them . in such a summons ed. ii. onely bishops are named ; ed. ii. onely ; onely ; ed. iii. onely . and the guardian of the spiritualties of the see of canterbury : and so ed. iii. and in another the same year , besides the archbishop of canterbury . ed. iii. summons were sent to the archbishop of york , and bishops more . ed. iii. the writ was directed to the archbishop of york , and such bishops , earls , and great men as were of the king's council : and two more were summon'd the same year . the form of the writ differs little from that to the parlament , onely the clause praemunientes is always left out , and onely some particular bishops and nobles are called , and no writs for elections of knights or burgesses . in the ed. iii. the writ is sent to the archbishop and bishops more ; but none to abbots , priors , sheriffs , &c. which shews that this was magnum concilium , as it is sometimes called , but no parlament . . there were writs to summon a convocation distinct from the writ of summons to the parlament with the clause praemunientes . this will appear by the first writ of summons to a convocation , which i have seen ; which bears date at lincoln . feb. ed. ii. but the parlament was summon'd . of october before , to meet at lincoln in quindenâ s. hilarii ; with the clause praemunientes in the writ to the bishops . in which summons to convocation it is expressed , that those bishops and others of the clergy , who were summon'd to parlament , did , as far as they were concerned , unanimously yield to a subsidy ; but so , that others of the clergy who were not summon'd to parlament should meet in convocation , and consent thereto . therefore the king sends his writ to the archbishop to summon all the prelats , whether religious or others , and others of the clergy of his province , to meet at london post . pasch. ad tractand . & consentiend . &c. here we have the plain difference between the writs to parlament , and to convocation . the writs to the parlament were sent to the archbishops and all the bishops , with the clause praemunientes , &c. summoning those of the clergy who were then thought necessary to the assembly of the three estates in parlament : but when a convocation was called , then the writs were onely directed to the two archbishops , who were to summon the rest of the clergy , and not onely those who held by baronies , but others of the dignified clergy , tam exemptos quàm non exemptos , with the proctors of the chapters and clergy of the diocese , ad tractand ' & consulend ' super premissis una vobiscum & aliis per nos tunc mittendis . so it is expressed in the writ for convocation ed. iii. ed. iii. ed. iii. r. ii. h. vi. ed. iv. onely these two last have this difference , ad tractand ' , consentiend ' , conclud ' super premissis , & aliis que sibi clarius exponentur tunc ibidem ex parte nostra . these things i have laid together , not barely to clear this intricate matter , ( as it hath been made ) of the interest the clergy then had in parlaments as well as convocations ; but chiefly to prove from hence , that all the interest they had in parlaments was not meerly on the account of the temporal baronies which the bishops and many of the abbots then had . which is the great , but common mistake of the authour of the letter . [ . ] after the bishopricks were made baronies , the distinction even in parlament is kept up between the several estates of the clergy and laiety . for although baronagium doth often take in all ; yet sometimes they are so remarkably distinguished , that we may see they were looked on as two distinct estates in parlament . so eadmerus , ( speaking of what passed in the parlament h. i ) saith , it was done utriusque ordinis concordi curâ & solicitudine , by the consent of both estates . so matt. paris , speaking of the summons to appear in the beginning of h. i. comprehends all under those estates , clerus angliae , & pop. universus : and again , respondente clero , & magnatibus cunctis . speaking of a parlament under h. ii. he saith , convocato clero regni , ac populo . in h. iii. describing a parlament , he calls those assembled nobiles angliae , tam viri ecclesiastici quàm seculares . and in the writs of summons the distinction hath been always preserved between the praelati and the magnates : for in those to the bishops it is , cum caeteris praelatis , magnatibus , &c. in those to the temporal lords , cum praelatis , magnatibus , &c. in those to the bishops they were commanded , in fide & dilectione quibus nobis tenemini : in those to the temporal lords , in fide & homagio ; or , since ed. iii. in fide & ligeancia . which shews that they were not summon'd meerly as temporal barons . [ . ] the authour of the letter confesseth the clergy to be one of the three estates of the kingdom ; but denies them to be one of the three estates in parlament . from whence i argue thus . either the clergy must be represented in parlament , or one of the estates of the kingdom is not at all represented there . and if one of the estates of the kingdom be not there represented , how can it be a perfect representative ? so that this distinction of the three estates of the kingdom , and the three estates in parlament , unavoidably overthrows the parlament's being a compleat representative . but in h. viii . n. . as mr. petyt observes , there is this passage in the parlament-rolls . it is considered and declared by the whole body of this realm , now represented by all the estates of the same assembled in this present parlament . therefore all the estates of the kingdom must be represented in parlament . and eliz. c. . the lords spiritual and temporal and the commons are said to represent in parlament the three estates of the realm . from whence it follows , that , according to the sense of the parlament , if the clergy be an estate of the kingdom , as he saith they are , they must be represented in parlament , or the whole body of the realm cannot be there represented . ( . ) we now come to consider the weight of authority in this matter . for which i shall premise two things . . that the whole parlament assembled are the best judges , which are the three estates in parlament ; and their authority is more to be valued , then that of any particular persons , whether lawyers , or others . . that no parlaments can give better testimony in this matter , then those which have assumed most to themselves . for if there be three estates in parlament , and the bishops be none , then the king must be one of the three ; as the authour of the letter insinuates , throughout this discourse : and the natural consequence from hence seems to be a co-ordination ; or that two joyning together may over-rule the third . therefore in all reason , if any parlaments would have made the king one of the three estates , it would have been either the parlament h. iv. which deposed one king , and set up another ; or that r. iii. which disinherited the children of ed. iv. and set up their uncle . i shall therefore first from the rolls of these two parlaments shew , which are the three estates in parlament ; and from them , evidently prove that the king is none , but the bishops are the third estate . i begin with the parlament h. iv. by the rolls it appears , ( . ) that r. ii. appointed two procurators to declare his resignation of the crown , coram omnibus statibus regni , before all the states of the kingdom . from whence it unavoidably follows , . that the king was none of them ; . that the estates of the kingdom and the estates in parlament are the same thing . ( . ) among the articles against r. ii. one is concerning the impeachment of tho. archbishop of canterbury coram rege & omnibus statibus regni , before the king and all the estates of the realm . the king then was none of the estates . ( . ) the commissioners for the sentence of deposition are said to be appointed per pares & proceres regni anglie spirituales & temporales , & ejusdem regni communitates , omnes status ejusdem regni representantes ; by the peers and lords spiritual and temporal , and the commons of the kingdom , representing all the states of the kingdom . where observe , . the bishops are called peers , as well as the temporal lords . . the estates of the parlament are to represent all the estates of the kingdom . . the three estates in parlament are the lords spiritual , the lords temporal , and the commons of the realm ; and fabian expresly calls them the three estates of this present parlament , representing the whole body of the realm . in the rolls of parlament r. iii. it is recorded , that before his coronation , certain articles were deliver'd unto him in the name of the three estates of the realm of england , that is to say , of the lords spiritual and temporal and of the commons by name , &c. now forasmuch as neither the said three estates , neither the said persons which in their name presented and deliver'd ( as it is afore said ) the said roll unto our said sovereign lord the king , were assembled in form of parlament , divers doubts have been moved , &c. now by the said three estates assembled in this present parlament , and by authority of the same , be ratified , and enrolled , &c. upon which mr. pryn himself makes this marginal note , the three estates must concurr to make a parlament ; no one or two of them being a full or real parlament , but all conjoyned . but lest i should seem to take advantage onely of these two parlaments , i shall now shew this to have been the constant sense of the parlaments ; as will appear by these following records . in h. vi. n. . all the estates of the realm are said to be assembled in parlament . h. vi. n. . the three estates assembled in this present parlament . h. vi. n. . the duke of gloucester desired an explanation of his power as protector : in the answer , drawn up by the lords appointed for that purpose , it is alledged that h. v. could not by his last will , nor otherwise , alter , change , or abroge , without the assent of the three estates nor commit or grant , to any person , governance or rule of this land , longer then he lived . ; nevertheless they adde , it was advised and appointed by the authority of the king , assenting the three estates of this realm . which shews how far the king was from being thought one of the three estates in parlament at that time . h. vi. n. . ralph lord cromwell put in a petition to the parlament , that he was discharged the office of king's chamberlain in a way contrary to the articles for the council sworn h. vi. coram tribus regni statibus , before the three estates of the realm , as they were assembled in parlament : which appears by the record h. vi. n. . h. vi. n. . the duke of bedford appeared in parlament , and declared the reasons of his coming coram domino rege & tribus regni statibus , before the king and the three estates of the realm ; as it is in the record , but not mention'd in the abridgment . n. . domino rege & tribus regni statibus in presenti parlamento existentibus , the king and the three estates of the realm being present in parlament . nothing can be plainer , then that the king is none ; and that the three estates of the kingdom are the three estates in parlament . h. vi. n. . lord cromwell treasurer exhibits a petition in parlament , wherein he saith , the estate and necessity of the king and of the realm have been notified to the three estates of the land assembled in parlament . in an appendix annexed to the rolls of parlament that year , the duke of bedford saith , in his petition to the king , how that in your last parlament yit liked your highness , by yadvis of three estates of his land , to will me , &c. h. vi. n. . presente domino rege , & tribus regni statibvs in presenti parlamento existentibus , &c. h. vi. n. . domino rege & tribus regni statibus in pleno parlamento comparentibus , &c. after these i shall insist upon the precedents cited by the authour of the letter himself ; viz. the ratification of the peace with france by the thrée estates h. v. and h. vii . which he alledges as an extraordinary thing , that the three estates joyned in these transactions : whereas in truth it was nothing but a ratification of the peace in parlament ; and consequently , those three estates of the kingdom , are the three estates of parlament . for the parlament was then sitting at both these ratifications ; and no other assembly of the thrée estates was ever known in england . walsingham saith , that h. v. called aparlament , which was sitting at that time : for the king kept s. george's feast at windsor that year , from thence he went to the parlament at london , which ended within a month ; and the ratification of the peace bears date may . judge then , whether these were not the three estates in parlament ? but to prove this more fully . it seems by h. vi. n. . that a statute was made in the time of h. v. that no peace should be made with france without the consent of the three estates of both realms ; which was then repealed . but whom they meant by the thrée estates here in the time of h. vi. appears by h. vi. n. . when the chancellour , in the presence of the king , gave thanks to the three estates , and prorogued the parlament : where it is plain , the three estates in parlament were meant , and that the king could be none of them . in h. vi. n. . . the chancellour again , in the presence of the king and of the three estates , having given thanks to all the estates , dissolved the parlament . but that which puts this matter out of doubt is , that in the parlament h. vi. the queen dowager in her petition mentions the ratification made in parlament h. v. and saith , it was not onely sworn by the king , but by the thrée estates of the kingdom of england : cest assavoir , les prelatz , nobles , & grands , & per les comuns de mesm le roialm dengleterre ; that is to say , by the prelats , nobles , and other grandees , and by the commons of the realm of england : as appears more fully , saith that petition , by the records and acts of the said parlament . and the king there declares in four several instruments , that the said articles of peace were approved and ratified by authority of parlament , in these words ; qui quidem pax , tractatus , conclusio & concordia , omnesque articuli contenti in eisdem , in parlamento dicti patris nostri apud westm. die maii a. r. . tento , auctoritate ejusdem parlamenti approbati , laudati , auctorizati & acceptati . nothing can be plainer from hence , then that the three estates of the kingdom were no other then the three estates in parlament . and the same appears by another petition of the same queen , h. vi. n. . for latter times i shall instance onely in the parlament eliz. c. . wherein the lords spiritual and temporal and commons declare , that they do represent in parlament the thrée estates of the realm . from whence it follows , . that the three estates of the kingdom must be represented in parlament . . that the lords spiritual and temporal and the commons do represent those three estates of the kingdom , and therefore are the three estates in parlament . . that the king can be none of the estates in parlament , because he doth not represent any of the estates of the kingdom . and it is a wonder to me , that any man , who considers the constitution of the government of europe , and how agreeable it was in all the kingdoms of it , as to the assemblies of the three estates , could ever take the king to be one of the three estates in parlament . for the question would seem ridiculous to persons of any other nation , if we should ask them whether the king was reckon'd among the tres ordines regni ? for by the three estates they all mean the three ranks of men , the clergy , nobility , and commonalty . but the authour of the letter could not deny that these were the three estates of the kingdom ; but he saith , the three estates of parlament are clean another thing : which i may reasonably suppose , is sufficiently disproved by the foregoing discourse . but he quotes several authorities for what he saith , which must now be examined , and will appear to be of no weight , if compared with the evidence already given on the other side . the first authority is of king iames , in his speech at the prorogation of the parlament . wherein he saith , the parlament consists of a head , and a body ; the king is the head , the body are the members of the parlament . this body is subdivided into two parts , the vpper , and the lower house . the vpper consists of the nobility and the bishops ; the lower of knights and burgesses . the force of the argument lies in king iames his making the bishops but a part of the vpper house : but that this doth not exclude their being a third fstate , i prove by a parallel instance . in h. iv. the bishop of london , being chancellour , compared the parlament to a body , as king iames did ; but he made the chùrch the right hand , the temporal lords the left hand , and the commonaltie the other members ; yet presently after , he calls these , the several estates which the king had called to parlament . but that the bishops sitting in the same house with the temporal lords doth not hinder their being a distinct estate , will appear , when we come to answer his reasons . and for king iames his sense as to this matter , we may fully understand it by this passage in his advice to his son. as the whole subjects of our countrey ( by the ancient and fundamental policy of our kingdom ) are divided into three estates , &c. these words are spoken of the kingdom of scotland ; but the ancient and fundamental policy of that is the same with england ; and he that believed the subjects made the three estates there , could never believe the king to be one of them here . the next authority is of king charles i. in his answer to the propositions iune . . wherein he tells the two houses , that neither one estate should transact what is proper for two , nor two what is proper for three . to which i answer , that the penner of that answer was so intent upon the main business , viz. that the two houses could doe nothing without the king , that he did not go about to dispute this matter with them , whether the king were one of the three estates or not ; but taking their supposition for granted , he shews that they could have no authority to act without the king's concurrence . but the unwary concessions in that answer were found of dangerous consequence afterwards , when the king's enemies framed the political catechism out of them ; which is lately reprinted , no doubt , for the good of the people . in h. iv. n. . he makes the house of commons to declare to the king and lords , that the three estates of the parlament are the king , the lords spiritual , and temporal . whereas the truth of that matter is this : a difference had happen'd in the house of lords , between the earl of rutland and lord fitz-walter ; whereupon the house of commons go up to the king and the lords , and having , it seems , an eloquent speaker , who ventured upon dangerous metaphors , he makes bold with the similitude of the trinity ; because that would help him to perswade them to vnity : but if he had left the king out , he might have been suspected to have set up an independent power in the three estates : therefore lest he should lose his similitude , ( which goes a great way with an eloquent man ) he strains another point , and draws the king into his trinity . and is such an expression to be mention'd in comparison with the express declaration but the year before , h. iv. of both houses concerning the three estates in parlament ? next to this similitude , that of stephen gardiner ought to be mention'd ; who compared faith , hope , and charity , concurring to iustification , to the concurrence of the three estates in parlament , i.e. the king and two houses , to the making of laws . but i wonder the authour of the letter , who expresseth so much dislike of his divinity , would take his iudgment in politicks . but this notion of making the king one of the three estates , how valuable soever it be to some men , is , it seems , onely to be met with in some grave ancient similitudes . but of what authority these are , against the constant sense of parlaments so fully declared , i leave any man of understanding to judge . for the judgment of eminent lawyers , he quotes but one in king iames his time , viz. finch in his book of law , l. . ch . . who doth indeed , in the words quoted by him , make the king , lords and commons to be the three estates . but i can hardly imagine how a learned lawyer could fall into such a gross mistake , unless the modus tenendi parlamentum should give the occasion to it ; which was accounted no blind ms. in those days , but a very great treasure , as appears by sir e. coke , who cites it on all occasions . and very few lawyers had the judgment in antiquity which mr. selden had , who first discovered the just age and value of that ms. this authour indeed , towards the conclusion of his treatise , makes the king the first of the estates : but then he makes six estates in parlament , or degrees , as he calls them ; and delivers this for good doctrine at the very end of his treatise , that if any one of all these be summon'd , and do not appear , yet , with him , it is notwithstanding a full parlament : nay , he expresly saith , the king may hold a parlament without a house of lords . but there are so many other such positions discover'd by others in that treatise , that i need to say no more of it . and as to this point of the king 's being one of the estates in parlament , sir ed. coke , who otherwise too much admired that treatise , declares against it , in the very beginning of his treatise of the parlament . this court , saith he , consisteth of the king's majesty , sitting there as in his royal politick capacity ; and of the three estates of the realm ; viz. of the lords spiritual , archbishops and bishops , the lords temporal , and the commons of the realm . and however the authour of the letter may slight mr. selden's judgment in this matter ; yet these two may be sufficient to weigh down the scales against any one lawyer 's authority to the contrary ; especially , since they were never suspected , i dare say , for any partiality towards the clergy . ( . ) but the authour of the letter thinks to carry this point by meer strength of reason . we must therefore diligently consider the force of his arguments . . if bishops were one of the estates in parlament , reason would they should vote by themselves separately from other lords , which would make another estate : but they do not onely not vote apart by themselves , the whole body of them together ; but that body is divided and separated within it self , one part from another . if both houses ever sate together , as some imagine , ( and as they do in a neighbour kingdom , ) this way of reasoning will make but one estate in parlament all that time . but to give a clear answer to this objection ; i distinguish two things in the bishops , their spiritual capacity , by which they represent ; and their civil capacity as barons , in which they vote , according to the rules of the house . for , the manner of giving their votes is a thing under the regulation of the house , and depends upon custom ; but their spiritual capacity as bishops , in which they represent , doth not . and the reason of their sitting together with other lords , is upon the account of their writs of summons ; which , as mr. selden confesseth , ever since the latter end of edw. iii. hath been , for the bishops cum ceteris prelatis , magnatibus & proceribus , colloquium habere & tractatum : and therefore they are bound to sit together in the same place with the temporal lords , or else they cannot advise and confer together . and i leave the authour of the letter to consider , whether his reason , or the king 's writ , ought to take place . . if the bishops were a third estate , they must have a negative voice to all that passeth there : but the bishops are intermingled with the temporal lords in making up the majority , as a part of it . since i have evidently proved the clergy to be one of the three estates in parlament , if he be sure that every estate ought to have a negative voice , then i am sure that this objection lies more upon him to answer , then upon the bishops . but to prevent any new disputes , i shall return this answer to it . since it is agreed on both sides , that the bishops do sit in the house as temporal barons , and in that respect do make up the majority of votes in the house of lords ; it could not but seem unreasonable , that they who voted as barons in the house should have a negative voice in another capacity : and by this means they lost their distinct negative voice , because by the king's writs they were to sit and vote with the temporal lords . just as it is in the diets of germany : since the distribution of that assembly of the estates of the empire into the several chambers , the prelates vote according to their ranks : the three electors in the electoral college ; the other bishops , that are princes of the empire , in the chamber of princes ; and those who are not princes , with the counts and barons . so that here the votes of the bishops are mingled with the rest , without a distinct negative voice ; and yet no one questions but the bishops do represent a distinct estate of the empire . . this is a disparagement to the house of lords , that another estate must be joyned with them to make up their negative . no more , then to the princes of the empire , to have the bishops joyned with them , when the imperial cities vote by themselves . but what disparagement is this , for those to make up the majority of the votes of the baronage , who sit there as barons by tenure , by a right as ancient as will. the conquerour , by the authour 's own confession ? . if the bishops make a third estate , then a parlament could not be held without them : but a parlament hath sate excluso clero , as that of ed. i ; and that it may do so in point of law , appears by the resolution of the iudges in keilway's reports , because the bishops sit in parlament by reason of their baronies . this is the great objection , to which i shall give a full answer . [ . ] it is dangerous arguing from extraordinary cases to the excluding any one of the estates of the kingdom from being represented in parlament : because no one can tell where this way of arguing will stop . if a parlament may be good without one estate , why not without another ? and we have seen an house of lords excluded as unnecessary , upon such kind of arguments ; because they sit in their own persons , and represent none but themselves . if we once depart from the ancient and legal constitution of parlaments , there will be no end of alterations . every new modeller of government hath something to offer that looks like reason , at least to those whose interest it is to carry it on . and if no precedents can be found , then they appeal to a certain invisible thing called the fundamental contract of the nation : which being a thing no where to be found , may signify what any one pleaseth . suppose one extraordinary case happens through the disorder of times , that the clergy have been left out in a parlament ; what doth this signify towards altering the legal constitution and constant course of parlaments , which from the beginning of parlaments in this nation , have had the estate of the clergy represented in them ? as sufficiently appears by mr. petyt's learned preface to his late discourse of the ancient right of the commons . the first after king ethelbert's conversion was , commune concilium tam cleri quàm populi . that under ina was , omnium episcoporum , & principum , procerum comitum , & omnium sapientum seniorum & populorum totius regni . that under edmund the elder was , concilium magnum episcoporum , abbatum , fidelium procerum & populorum . i might adde many more : as that at becanceld under king withred a. d. . episcopis , &c. ducibus & satrapis in unum glomeratis . at clovesho under kenulphus of mercia ; at calecyth , at london , at kingston . nay , not one can be found by me in the saxon times , wherein the bishops are not expresly mention'd . so that if there be such a thing to be found as the fundamental contract of the nation about the constitution of parlaments , i do not question but they have their share in it . insomuch that sir h. spelman makes it his description of the wittena-gemot , that in it , as mr. petyt observes , convenêre regni principes , tam episcopi quàm magistratus , liberique homines ; i.e. it was an assembly of the three estates . so that before there were any such things as baronies , they were an essential part of the english parlament . and must all this clear and undoubted evidence from the first mention of parlaments be rejected , because once upon a time , a certain king called a certain parlament , wherein , upon some distast between the king and the clergy , the other estates continued sitting without them ? [ . ] this single instance about the parlament under ed. i. is much misunderstood , as will appear by these considerations . . that the clergy excluded themselves , and were not shut out by the act of the king and the other estates . for upon the bull of pope boniface viii . forbidding the clergy giving any more subsidies , ( which was procured by archbishop winchelsee , as our historians relate ) a parlament being called by ed. i. at saint edmondsbury on purpose for subsidies , the clergy refuse , upon the pope's prohibition , till they had consulted the court of rome ; and go away every one to their own homes : notwithstanding which , the king proceeds with the other two estates , and gets subsidies from the laiety . so that the exclusion of the clergy came from their own voluntary act ; when the king desired no such thing , nor the other two estates , but were all extremely provoked at this withdrawing of the clergy . that this parlament was called purposely for the subsidy , appears by the writ still upon record ; wherein the archbishop is summon'd to appear , ad ordinandum de quantitate & modo subsidii memorati . . whereas it is insinuated , that great matters were done , and good laws passed , when the clergy were excluded ; i find no such thing . it is true , the confirmation of magna charta by ed. i. ( which was a great thing indeed ) is said , in the statute-books , to be done the same year , viz. ed. i. but that it could not be done in that parlament , i thus prove . that parlament was called crast . animarum ; the king appoints another at london crast . hilarii : where the difference still continuing , he appoints a new parlament on the day of s. peter ad vincula , or lammas-day , wherein he was reconciled to the archbishop and clergy . then fealty is sworn to his son , before his going into flanders ; and the king excused himself as to the great taxes and subsidies , on the account of his wars . while he was about winchelsea , a remonstrance is sent to him of the grievances of the nation , in the name of the archbishops , bishops , earls , barons , and the whole commons of england , wherein they complain of illegal taxes , and the breach of magna charta . the king gives a dilatory answer , and passes over into flanders . in his absence the people refuse to pay the taxes , and the lords combine together , and all things tend to an open rebellion . his son ed. ii. calls a parlament at london , and promises a confirmation of the charter , and that no taxes should hereafter be raised , either on clergy or laiety , without their consent . which being sent over , edw. i. confirmed it with his own seal : which was all done within the compass of this year . but he again ratified it in the parlament ed. i. so that nothing was done in that parlament at s. edmondsbury , but granting a th of the laiety to the king. and when the great laws were passed , the king and clergy were reconciled , and they sate in parlament . and the archbishop of canterbury fell into the king's displeasure afterwards , for being so active a promoter of them . the summe then of this mighty argument is , that the lords and commons once granted their own subsidies , without the concurrence of the clergy ; therefore the clergy are no essential part of the parlament . . the reason assigned in keilway's reports , why the king may hold a parlament without the bishops , is very insufficient : viz. because they have no place in parlament by reason of their spiritualty , but by reason of their temporal possessions . the insufficiency of which reason will appear by two things . . that it is not true : as appears by this , that the clergy are one of the estates of the kingdom ; and all the estates of the kingdom must be represented in parlament . . were it true , it is no good reason . for why may they be excluded because they sit on the account of their baronies ? where lies the force of this reason ? is it because there will be number enough without them ? that was the rump's argument against the secluded members . and i hope the authour of the letter will not justify their cause . or is it because they hold their baronies by tenure ? so did all the ancient barons of england : and why may the king hold his parlament with the other barons , without the bishops ; and not as well with the bishops , without the other barons ? which i do not see how it can be answer'd upon those grounds . suppose the question had been thus put , since all the ancient lords of parlament were barons by tenure , and parlaments were held for many ages without any barons by patent or by writ , why may not the king hold his parlament after the ancient way , onely with barons by tenure ? i do not see , but as good a reason may be given for this , as that in keilway's reports . all that i plead for is , that our good ancient and legal constitution of parlament may not be changed for the sake of any single precedents , and rare cases , and obscure reports built upon weak and insufficient reasons . for , as the authour of the letter very well saith , consuetudo parlamenti est lex parlamenti , the constant practice of parlaments ( and not one single instance ) is the law of parlaments . and suppose that precedent of ed. i. as full as could be wished in this case ; yet i return the answer of the authour of the letter in a like case , this is but one single precedent , ( of a parlament without bishops , ) against multitudes wherein they were present : it was once so , and never but once . and can that be thought sufficient to alter and change the constant course and practice of parlaments , which hath been otherwise ? nothing now remains , but a severe reflexion on the popish bishops for opposing the statute of provisors , and the several good acts for the reformation . but what this makes against the votes of protestant bishops is hard to understand . if he thinks those could not make a good third estate in parlament , who took oaths to the pope contrary to their allegeance , and the interest of the nation , so do we . if he have a great zeal for the reformation , so have all true members of the church of england , who , we doubt not , will heartily maintain the cause of our church against the vsurpations of rome , though the heat of others should abate . for did not our protestant bishops seal the reformation with their bloud , and defend it by their admirable writings ? what champions hath the protestant religion ever had to be compared in all respects with our cranmer , ●idley , iewel , bilson , morton , hall , davenant , and many other bishops of the church of england ? and notwithstanding the hard fortune archbishop laud had in other respects , not to be well understood in the age he lived in ; yet his enemies cannot deny his book to be written with as much strength and judgment against the church of rome , as any other whatsoever . i shall conclude with saying , that the clergy of the church of england have done incomparably more service against popery , from the reformatition to this day , then all the other parties among us put together : and that the papists at this time wish for nothing more , then to see men , under a pretence of zeal against popery , to destroy our church ; and while they cry up magna charta , to invade the legal rights thereof , and thereby break the first chapter of it ; and from disputing the bishops presence in cases capital , to proceed to others ; and so by degrees to alter the ancient constitution of our parlaments , which will unavoidably bring anarchy and confusion upon us : from which , as well as popery , good lord , deliver us . the end . notes, typically marginal, from the original text notes for div a -e letter p. . lett. p. . lett. p. . . lett. p. . p. . lett. p. , . lett. p. . lett. p. . hincmar . epist . de ordine lalatii . concil . franc. c. . & . marculph . form. l. . c. . not. in marc. p. . concil . tolet . . c. . . c. . . c. . . in praef. . c. . . c. . . c. . cont l. tolet . . c. . rer. aleman . to. . cod. leg. antiq. b. . arumae . de comitiis ● . . c. . ● . . goldast . bohem . l. . c. . bonfin . dec . . l. . decret . ladiss . p. . starovolse . ●olon . p. ● . herburt . stat. regni pol. p. . adam . brem . de situ dan. n. . loccen . antiq . s●eco . goth. c. . ius aulicum n●rveg . c. . c. . lett. p. , . stat. merton c. . h. . dissert . ad flet. c. . § . soz. hist. l. . c. . capitul . carol . & ludov . l. . c. . ed. lindenb . c. . ed. baluz . cod. just. de epise . audient . l. . tit . . c. . cod. theodos . l. . tit . . c. . greg. nyss . vit . greg. basil. in ep . socr. l. . c. . ambros. de offic. l. . c. . aug. ep . . in ps. . conc . . jac. goth. in cod ▪ theod. ad extrav . de episc. judicio . concil . sardic . c. . balsam . in can. . concil . chalced. auth. collat . . tit . . novell . . c. . justin. cod. l. . tit . . c. . cod. theod. l. . tit . . n. . lindwood l. . de testam . lett. p. . notes for div a -e lett. p. . lett. p. . lett. p. , . lett. p. . lett. p. . matt. paris ad a. d. . pet. bles. de institut . episc . p. . malmsbur . hist. novell . p. . b. rad. de diceto imag. histor . p. . . gul. neuburg . l. . c. . bar. ad a. d. . n. . fitz-stephen vit . th. beck . m s. spelm. concil . to. . p. , , . p. . pag. . baronius ad ann. . pet. bles. de instit. episc. p. . lett. p. . pag. . vol. epistol . becket in bibl. cotton . ms. l. . ep . . ep. . gervas . chronic . p. . fitz-stephen vit. th. becket . de concilio apud clarendon . lett. p. . pag. . pag. . titles of honour , p. . c. . n. . pag. . pag. . lett. p. . ● . ▪ &c. rot. parl. r. . n. . lett. p. , . const. othob . c. nè clerici . spelman . conc. to. . p. . p. . lyndwood ad tit . de loc. & cond . c. vendentes . si quis clericus . decretal . l. . tit . . c. . rot. parlam . r. . p. . n. . knighton p. . a discourse of the peerage and jurisdiction of the lords spiritual , p. . discourse of the peerage , &c. p. . lett. p. . p. . lett. p. ● . pag. . pag. . p . p. . pag. . sum. l. . de constit. n . pag. . man●al . c. . covarruv . ad clem. fi surios . p. . § . n. . camden . annal. a. d. . vid. lyndwood in constit . othob . c. nè clerici . v. in eisdem . notes for div a -e lett. p. . pag. . lett. p. . lett. p. . lett. p. . claus. ed. . n. , . & dors . . . plea for the lords , p. . discourse of the bishops peerage , pag. . rot. . r. . pag. . pag. . pag. . kot . , . r. . r. . . pag. . lett. p. . pag. , . pag. . pag. . pag. . pag. . pag. . jurisdiction of the house of peers asserted , p. . lett. pag. . p. . pag. . pag. . lett. p. . pag. . knighton de event . p. . lett. pag. . cestrens . l. . c. . knighton , p. . pag. . pag. . . pag. ▪ rights of the bishops , p. , , &c. lett. p. . lett. p. . pag. . lett. p. . selden's bar. pag. . rights of the bishops , pag. . lett. p. . pag. . pag. . lett. p. . lett. p. . pag. . to pag. . pag. . pag. . pag. . pag. . pag. . . pag. . rot. parl. ed. . n. . pag. . pag. . walsingh ▪ hist. angl. pag. . notes for div a -e lett. pag. . antiq. brit. pag. . pag. . coke . inst. c. . p. . sir j. m. arg. concerning the iurisdiction of the peers , in skinners case . pag. . pag. . pag. , , &c. pag. . pag. . instit. p. . coke instit . p. . selden's titles of honour , to . pag. . de morib . germ. c. . h. mei●om . de i●mensulâ . ● . . otto frising . de gestis fred. l. . c. . leg. longobard . l. . tit . . § . constit. sicil . l. . tit . . alfred . vit . l. . p. . aimoin . l. . c. . rhegin . l. . capit. l. . c. . sigism . orat. a. d. . tilius de rebus gal●icis . fulbert . ep . . claus. e. ● . m. . selden of baron . p. . titles of hon. to . p. . pag. . privil . of baronage , pag. . titles of honour , sec. part. ch . . § . in marg. pag. . . instit. pag. . godwin . vit . rich. scroop archiep . eborac . pag. . walsingh . pag. . pag. . . antiq. cantuar . in walt. raynolds pag. . ed. han. . instit. ● . , &c. camden . brit. pag. . glossar . v. pares . walsingh . ad a. d. . mat. westm. a. . pag. . titles of honour , p. . ch . . n. . . ib. n. . titles of honour , p. . instit. p. . eadmer . l. pag. . matt. paris pag. . pag. . pag. . the ancient right of the commons , pag. . fabian . . par . r. . s●l . . abridgment of records , pa. . . pag. . bacon h. . pag. . hist. angl. pag. . pag. . pag. . basilic . dor. l. . p. . of his works . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. , &c. concil . brit. p. . . . . . . . . . claus. ed. . m. . dorso . walsingh . pag. . thorn. ad a. . knighton , p. . matt. west . pag. . pag. . pag. . pag. . pag. . contemplations upon these times, or the parliament explained to wales. digested into three parts. i. containing, a brief, faithfull, and pithy history of the parliament, ... ii. cleer resolutions of such doubts, as his countrymen of wales are not so well satisfied in, as could be wished: which are reduced to these points, touching the [brace] king. covenant. common-prayer-book. iii. a closer application unto the state of wales, ... / written by a gentleman, a cordiall well-wisher of his countries happinesse. lewis, john, esquire. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) contemplations upon these times, or the parliament explained to wales. digested into three parts. i. containing, a brief, faithfull, and pithy history of the parliament, ... ii. cleer resolutions of such doubts, as his countrymen of wales are not so well satisfied in, as could be wished: which are reduced to these points, touching the [brace] king. covenant. common-prayer-book. iii. a closer application unto the state of wales, ... / written by a gentleman, a cordiall well-wisher of his countries happinesse. lewis, john, esquire. [ ], p. printed by r.vv. for nath. vvebb, and w. grantham, at the gray-hound in pauls church-yard., london, : . dedication signed: john lewis. the words "king. .. common-prayer-book." are bracketed together on title page. annotation on thomason copy: "aug: th". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no contemplations upon these times, or the parliament explained to wales.: digested into three parts. i. containing, a brief, faithfull, and p lewis, john, esquire. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion contemplations upon these times , or , the parliament explained to wales . digested into three parts . i. containing , a brief , faithfull , and pithy history of the parliament , wherein ( as in a mirrour ) is represented the marvellous mercies of god in its preservation : whence it is evinced , that doubtlesse it is designed for some notable purposes of his in these later times ; and ( by some materiall probabilities ) even to set up the kingdom of his sonn● in all the world . ii. cleer resolutions of such doubts , as his countrymen of wales are not so well satisfied in , as could be wished : which are reduced to these points , touching the king . covenant . common-prayer-book . iii. a closer application unto the state of wales , interwoven with sundry remarkable and profitable observations . written by a gentleman , a cordiall well-wisher of his countries happinesse . london , printed by r. vv. for nath. vvebb , and w. grantham , at the gray-hound in pauls church-yard . . to the religious , and most vvorthy , sir robert harley , knight of the bath . sir thomas middleton , knight . master iohn glynne , recorder of the famous city of london . eminent members of the honourable house of commons . and all other his worthy friends and country-men , that either are , or shall be members of the parliament of england . if ever it was true , it is now , that scribimus indocti , doctique so that it may grow almost a question , whether now the sword , or pen is most busie ? or more effusion of ink , or blood ? what here offers it self to your view , comes from a modest and peaceable hand and heart , and meerly relative to the good of those countries , whose happiness i am confident you prefer before any particular interest . conceptions of this kinde i have not yet seen any ; and though ( praised be god ) our hands are pretty well restrained , yet that our hearts be wholly purged of the old poyson , there is some slender endeavour to inform our country-men with the right understanding of the parliament , and its principles , and clear demonstrations of gods speciall providence and goodnesse in its preservation ; so that to harbour a thought against it , we must take heed we be not found to fight against god : i confesse them but a rude heap of thoughts ; i have laboured to be seneca his scholar , and in writing to observe his rule , not so much the quemadmodum , as the quid , being assured none can be more eloquent , then he that hath well conceived a truth ; it is with things of this kinde , as with burthens of the womb that are teemed with perturbations and dangers , they prove lesse thriving ; and what is here might have appeared more comely , had they not been conceived at such times and places , when and where indeed i durst not scarce owne them as thoughts . worthy sirs , whatever they are , they implore your favourable acceptance , they court neither for praise nor preferment ; if the poore author may not still be under the insultation of our old enemies , mutato nomine , and enjoy but common iustice , it is the apex of his desires : i would not be behinde for my poore mite to further the great work , which ( blessed be god ) i hope i may say is a finishing , wherein i , not unlike that bird , ( that is fabled ) when the kings of asia contributed great treasures to the building of a temple , it having no other wealth , went thither to present her feathers . truth was never without adversaries , but never more mortall ones then now . you may see i have drawn in its quarrel : you are gods champions , and its ; i humbly beg i may not suffer , but let your countenance and protection be at hand , and i shall humbly pray , that as he hath singled you to be instruments of his glory here , you may so act , and honour him , that hath so honoured you , that you be partakers of his glory and blisse for evermore . the prayer of him who ever hath been , and will be ever really devoted to you in this great service of god and his country , john lewis . part . i. containing a brief , faithfull , and pithy history of the parliament , &c. to my country-men of wales . some have been curious in observing the resemblance between the state of israel , and this of our land . truly , gods great mercies and deliverances towards us , have no small affinity with theirs ; and our sins and ingratitude towards him , doth but too unhappily maintain the comparison betwixt us . but ( me thinks ) there cannot be a passage in all histories , prophane or sacred , that more suits to the present fate of our kingdom , then what befell israel by that unhappy king rehoboam , king. c. ▪ chron. c. . although comparisons-run not quatuor pedibus , yet in this the paralel holds strange : the cause of that great rent in the state of israel is rendred , that rehoboam refusing the councel of the old men , and following the councel of the young men . i wish this were not too apparent in our present case . his majesty ( it will be objected ) ever expressed himself willing to ease our yokes , &c. his willingnesse could not otherwise better appeare , then to hearken to his old men , his councel , his parliament : and what semblances soever were cast in our eyes , had the lord permitted us to have had the desert of our sins , and to have let the parliament have been mastered and destroyed , notwithstanding all fair words and promises , we should ere this , in stead of whips have felt scorpions . kings act not by their proper minds and persons , but by their instruments and councels ; and wofull experience hath taught us the truth of this , whereof we would be incredulous , when the parliament gave us timely notice of it . i have often mused , what magick and enchantment is in the name king : i confesse we should behold them as a kinde of visible deity , but not make them a deity ; and do we lesse , when in the point of this war we pretend conscience toward the king , and nothing at all toward god ? what was there more common in blasphemous mouths , to warrant them in their barbarous murthers , then those words of holy scripture , honour the king , touch not god's anointed ? how conscientious would they be ( forsooth ) of these words , and make no bones of any other words of holy scripture whatsoever . i wish they would have taken the words in their order , and put feare god , before honour the king ; and adde to touch not mine anointed , — do my prophets no harm . never was there more cause to cry out , o tempora ! o mores ! i am not sorry that men are so prone to render their duties to the king , but am sorry they make so little of rendering any thing to god , ( horresco referens ) what more common then blasphemies against god and his truth ? it is but our sport to question his essence , and to deride the simplicity of his holy word , yea prefer some humane peeces before it , making our tables even merry with such discourses : and let there be but reproof for such monstrous tenets , oh , then all is for triall of wit , and arguments sake ; whereas such pleas should not hold against earthly monarchs . it was amongst heathens a rule , impia consuetudo contra deum disputandi , sive seriò , sive simulatè . i have read , that remigius explicating the history of the passion unto king clodoveus after his baptisme , he was so moved thereat , that he put his hand to his sword , and spake in anger , that had he and his french been by when his master was so used , he would have revenged it . with what more generous impatience should every christian heart be transported , when such affronts and indignities are offered to the name and honour of almighty god : i wish we may not be so altogether intent upon the papist , as to overlook the hatefull atheist . it is known , holy martyrs should not be suffered to speak gracious words , but have been gagged , and iron bals put into their mouths : oh that wicked atheistical mouths were sealed to eternall silence ! in the act that was for vniformity of common-prayer , what care was there taken against the least traducement and contempt to be offered unto it ; and it would grieve , that gods holy name should be left so naked , that every impious tongue may touch it as it please . as the honour and name of god is concerned , and suffers diminution , i could beg accordingly there were such lawes provided to restrain such wicked licentiousnesse , and discoursing of his holinesse . i am confident the parliament , whom the whole world behold as the great champions of his name and glory , will in due time vindicate it , and recompence the remisnesse of former lawes , with those that shall have more edge and teeth with them . reader , not to trouble thee further with this atheist ; only note , when such damnable monsters as these may be lurking in this kingdom , marvel not at the dreadfull judgements of god upon it . i am sure thou wilt not now charge the parliament to be the cause ; which is all one , as ahab did eliah , art thou he that troubleth israel ? what sayes eliah ? i have not troubled israel , but thou and thy fathers house , because ye have forsaken the commandements of the lord , &c. atheisme , and other fearfull sinnes of our land , hinc lachrymae . the parliament no otherwise then wholsom physick to an ill desperate body , it works and tuggs with the malignant humours , and perhaps in the operation pains , yet health it labours for : and as physick , if over-mastered by the ill humours , signifies small hope of recovery ; so , had this alexipharmacon , this soveraign preservative of the kingdom failed , nothing might have been expected but the dismall ruine of all . but praised be the lord for his mercies unto this sinfull land , who hath been pleased , not only against hopes , but almost against meanes , to uphold this oracle , this pananglium ( as mr. cambden cals it ) this blessed parliament , upon which all the eyes of the world are now fixed , as upon the globe of the earth stupendiously subsisting only by an invisible hand . i make no doubt but the lord will raise those , whose pens will set forth the glory of his acts in these our dayes , which truly ( well considered ) are little inferior to his wonders of old . ( reader ) i dare not venture into this deep , but for thy delight i will paddle a little neer the shore , and give thee a cleer , though brief narrative of the great favours of god towards the parliament ; and for thy better help , let me confine thy thoughts to these particulars : . beginning of the parliament . . progresse of the parliament . . the present state of the parliament . trace it to the originall , and you shall find all one with it , as with a goodly river arising from a little spring . to my apprehension , i must needs say that those three worthies breathed the first motion into it , whom we may behold as living martyrs , or as shadrach , mesach , and abednego , having escaped the fiery furnace of affliction , they were at least the preface to this great work . next , ( such was the difficulty to have it , that ) a whole nation was in arms to obtain it , ( such obstacles and tyranny reigning among our selves , that scarce we durst once name it ) being once got , it was scarce a year old , but rome and hell began to stomack it , till at last it was high time to look to it self ; his majesty parts , and leaves them , having formerly resolved wholly to cast himself upon their affections , ( which now i believe his own breast will tell him had been the better course ) notwithstanding they forbore not by all humble meanes to desire his presence and concurrence : witnesse . their numberlesse declarations and messages in that kind . but to all motions his majesty was still deaf , and rather ( still to hold to our first instance ) did , like rehoboam , hearken to the councel of the young men , and answered roughly . in the interim all eyes are fixed upon the king , and the charm of his name works powerfully upon all countries , yea upon the very house it self , so far , that it was like to prove its own felo de se . those that framed and consented to the xix propositions , flinch from their own act , and fly to the king , ( which is an eternall scar upon their honour : ) poor feares and tumults they pretended ; but indeed , their ingratiating with the king , and the thought they had of the utter dissolution of the house , was all . most part of the nobility and gentry now gone , there is only left a thin and inconsiderable number in the house , and those ( if you can brook the stile ) a factious roundhead party : but whatsoever they are , these , and no more , must stand the brunt . in the mean time , what preparations and strength of arms , with all industry , both at home and abroad , are levied against them ? what plots and practises are daily invented to overthrow them ? what aspersions and calumnies cast upon their names and actions ; yea , the devil and the world with their utmost sinews seeming to confront them , and yet behold , some secret power hath still upheld them . . the progresse will represent unto you the house in arms , necessitated to it for the preservation of their very being ; they have armies on foot , and seek holds in severall places of the kingdome : the king hath , and doth no lesse , his name makes room for him in all places , and that which ( to humane judgement ) nothing could prove more disadvantagious unto them , at first their successes were but slender , victory most hovering over the head of their enemies : the then earl of newcastle triumphant in the north , hopton bestriding the west ; and those fatall pair , rupert and maurice , like oreb and zeb , butchering in the bowels of the kingdom . to say no more , call but thy thoughts to the siege of glocester , ( bristol and exeter being newly taken ) and behold the parliament , to the guesse of man , quite down and sinking . but here ( good reader ) with holy awe admire the incomprehensible wayes and power of god ; the parliament must be broken in their outward power , that the work may more sensibly appeare to have only proceeded from god : for ever so it is , when he would be seen in a businesse , he knowes our pronesse to rob him of his honour , and to bestow it upon externall meanes : therefore they must be least in sight , when he will have his glory to become most conspicuous . i have lead thee to the parliaments tropick of capricorn , and utmost declination ; the degrees whereby the hand of god hath advanced it to this present greatnesse , affords variety of rich matter of the mercy and power of god . it stands not with my intended brevity , or ability , to venture upon it , it deserves the labour of a golden pen : but because i will not leave thee without a taste ( reader ) thou mayest remember , upon the relief of glocester , ( an act alone sufficiently obliging us to honour the name of the noble earl of essex , and the glorious city of london ) the parliament again began to take a little breath , and to lift up the head , and successes a little adding some life unto them ; forsooth , as the only engine as would not fail the businesse , they reare a lack-a-lent , a mock , or rather as his majesty termed it , a mongrel parliament in oxford , only to confront and ecclypse , if not utterly to extinguish the parliament in london ; it consisting of the members that forsook the house , and with all their gall rendring in their declaration the pretences of their departure , omitting nothing that all wicked art or malice could invent , to impaire the credit of the parliamennt . to all humane guesse , this was like to prove a notable stratagem for their ends , and they built no small hopes upon it ; but what came of it ? there it appeared like a glaring meteor for a while , and unawares vanished to nothing , the memory whereof , even to themselves , savours no better then a snuffe : since which time the lord was pleased to blesse the parliament with famous victories , especially those two cardinal battels of york and naseby . and which is remarkable , even these were at such nicks , when the main and hazard of all stood upon them . the mercies of god herein will appear the more admirable , if you will look upon them through these few observations following . about this time twelve-moneth , the wisdome of the parliament thought good to imploy victorious sir thomas fairfax in this present great service , the noble earl of essex being superseded . what advantages and mountains did the enemies promise to themselves ? they bruted abroad , that the parliaments army , hereat discontented , came by thousands in unto them , their army swelling ( as they said ) with its greatnesse , advanceth to the north ; as they passe , all countries stoop unto them , leicester they gain , gerard afresh tyrannizeth in vvales , pembroke-men beaten , and reduced almost to their first handfull . by this time ( you will say ) all was again at hard hazard ; and as if this were not enough , out comes about this very time into our countries the noise of the directory , which gave but more and more matter to their former exultations and hopes ; my own eares being able to witnesse that it was said , that the comming out of the directory at that time , was as if the parliament had bestowed men upon the king . here now they seem to be at the heighth : but , o the wonderfull mercy and power of god! what becomes of all these vaunts and hopes ? just like a statue of glasse hanging in the aire by a small clue , suddenly fals and breaks to flitters . they had such a stunning blow at naseby , that ever since they have had the staggers ; and like a torrent , the favours of god have broke in upon our armies , that the very enemies are forced to acknowledge , that they do in legible characters read digitus dei . . it is not unworthy our observation , that the very means the king most trusted in , viz. his souldiery , proved at last most advantagious to the parliament , the divine will having given them over to such inhumanities and vilenesse , and all countries distasting them as monsters ; by the holy appointment of god , they proved no small meanes of the parliaments present height and happinesse . . and though the last , yet it is not the least thing with wonder to be observed , how the lord prevented foraign forces : it was ever their strongest fancy , that all kings would be sensible of the businesse , and what would not they do ? and this with great probabilities did they presse upon generall apprehensions ; but behold the hand of god as active for them abroad , as at home ! and that humane wisdome may be abashed , rather crosse to their expectations , god disposeth things : they look for all kings to be roused , and it is more likely to prove , all subjects have a reflection upon the parliament , and are taught their way to their liberties and happinesse . by these , and the like contemplations , as by so many prospectives , we may perceive the hand of god even visible in this great work , whence we may inferre ( as erasmus of his time , nescio quid magni mundus parturit ) that doubtlesse the lord hath some great thing or other a hatching , and to bring into the world ▪ and if so , what can the world behold more likely for such a designe , then this awefull engine , the parliament of england ? i am no prophet , but i dare say with confidence and modesty , that this great thing , the parliament of england , may be a meanes that god hath ordained in his eternall wisdom , not only to shake rome , but even the turkish empire ; and put up the kingdom of his son iesus christ in all the world . thou ( reader ) mayest laugh at this as a fancy of an idle brain : but let me beg thou suspend thy censure , till thou peruse the probabilities following . . i presume it will be easie to make thee confesse , that nothing can be said so much to uphold antichrist and the turk , as the slavery and blindnesse of men ; and what fairer means canst thou imagine to shake off slav●ry and blindnesse , then the course the parliament drives at ? . it is worth thy notice , that the lord hath evermore singled out this land , as a scene where to act any great matter of his glory . the christian faith did ( as it were ) post over other regio●● 〈…〉 to come hither first : hence it was called ecclesia prim●genita the first-born church : hence the glorious instrument of the ch●●ch . constantine , must be de●●●●ded ; and when christe adorne fell into a dead sleep of idolatry and superstition h● must spring a wickliffe 〈…〉 and since the beginning of the r●ormati●● of the church , what land so i●terested 〈…〉 it as 〈…〉 and what is the main businesse of the parliament but to perfect this reformation ▪ and the lord blessing them to finish it ▪ how far may not their influence diffuse it self through the world , and consequently make the pope and turk know themselves ? . it appearing somewhat probable , that god hath designed it for some great work of his ; it were not amisse to observe , that it is the guesse and expectation of many of gods children , that the kingdome of christ will appeare now in the later end of the world , in greater glory then ever it did . i am no maintainer of a temporall and personall reign of our saviour upon the earth , though ( for ought i can see ) it is an opinion that contains nothing but consolation to gods children . sure i am , the prophets abound with most glorious descriptions of the church , which , besides the spirituall sense , cannot ( i think ) but be temporally meant , at least in respect of the extension and amplitude of the church , and which as yet hath not been altogether fulfilled towards it : you need only view the prophet isaiah alone , and you shall have whole chapters replenished with nothing but lofty eloquence upon this subject ▪ and if you do but well heed it , the very like expressions ▪ like golden veines , run through all the holy books both old and new . neither is it the holy scripture alone , ( though they are instar omnium ) but in all ages there have been some , that by speciall inspiration have foretold us of a most happy state of the church in the later times . i could referre thee for this to the acts and monuments , where mr. fox h 〈…〉 collected odde sayings or prophecies of holy persons , as bridget , katherine senensis , iohn husse , savanorola , and others . for thy present delight , lest thou heedest them not there , i will alleadge one or two . ( as he cals her ) holy bridget said , that the pope should be thrown into the deep as a milstone , and that the cause of the binderance of the gospel , is the prelates and priests , and that the clergy turned gods commandements to two words , da pecuniam . iohn husse said , oh how largely doth antichrist extend his power and cruelty ; but i trust his power shall be shortned , and his iniquity shall be detected more and more among the faithfull people ; and let antichrist rage as much as he will , yet he shall not prevaile against christ . and katherine senensis , who lived about . told one antoninus , that after writ her history , that by the troubles in the church of god , after a secret manner unknown unto man ▪ god shall purge his holy church , and stir up the spirit of 〈◊〉 elect ▪ and after these things shall follow such a reformation of the holy church , and such a renovation of holy pastors , that the only cogitation thereof maketh my spirit to reioyce in the lord , and that all the faithfull shall be glad to see themselves so beautified with so holy shepherds , yea ▪ and the●●● infidels allured by the sweet savour of christ , shall return to the catholick fold and be converted to the true bishop ▪ gi●e thanks therefore to god ▪ for after this storm ▪ he will give to his a great calm ▪ even but thus much , signified so long agoe , and our eyes seeing the great work of these times ▪ so much tending to the accomplishment of these things we cannot but admire the lord , and acknowledge this parli●●●●● ▪ not wholly a device of man ▪ neither is it impossible to discover some glimmerings of this kingdom even in the monuments of gentiles , as it hath pleased god to reveal unto them some obscure notions of his greatest mysteries , which are sweetly serviceable to the setting forth of his holy truths . what more is that of virgil , as conceptions of sybilla cumaea , ( though usually restrained to our saviours incarnation . ) i am nova progenies caelo dimittitur alto , te duce , siqua manent sceleris vestigia nosti irrita perpetuo solvent formidine terras . plainly , a child shall be born from heaven to pardon the sinnes of men , and fill the world with blessings . iosephus , a jew , sayes , nations should come from iudaea , that should be masters of the vniverse . what the sybils have abundantly delivered of this , i referre you to the former place of the acts and monuments , and only add one thing of cicero , which to me seems a very remarkable place : nec erit alia lex romae , alia athenis , alia nunc , alia posthac , sed apud omnes gentes , & omni tempore , una lex deus ille legis inventor , disceptator , later , &c. all which seems to be englished in the . chap. of daniel , ver. . and in those dayes the god of heaven shall set up a kingdom , that shall not he left to other people , but it shall break in peeces all other kingdoms , and it shall stand for ever . but how may this be , seeing the turk is likeliest to be the great master of the world , and at this present looks terribly towards christendom ? i answer , this may prove but a flash of lightening before his ruine , and it will be at least a good means to procure peace & charity among christians , which is seen to be but too miserably wanting . remember , that in our god , the lord iehovah , is everlasting strength . let us every one kill the turks at home , his crying bosome sins , and we shall be surely able to cope with him abroad : let us do our parts , and god will surely do his , and in his good time put his book in this senacheribs nose , and his bridle in his lips , for he knowes his abode , his going out , and his comming in , and his rage against us . we have heretofore only read what iehovah is , and our fathers have but told us of his noble works ; and truly say what holy iob said of old , i have heard of thee by the hearing of the of the ear , but now my eye seeth thee . but in these days we may say , we have seen him & his noble works , we have experimentally found the wayes of his omnipotencie , and seen the power of prayer , and plentifully tasted the fruits of humiliation , and the dealings of god in points of utmost extremity . and therefore it is but a sorry courage , that cannot against any difficulty or danger ( as suppose the turks present greatnesse ) reare up an heroick heart , and think him no more then a tom thumb against christ and his king dome . and it shall come to passe in that day , that the lord shall punish the host of the high ones , that are high , and the kings of the earth upon the earth . then the moon shall be confounded , and the sun ashamed , when the lord of hosts shall raign in mount sion and before his ancients , gloriously . part . ii. containing resolutions of doubts touching the parliament . to my country-men of wales . i hope , by what you have read , you are grown to some good liking of the parliament : and being thus suppl'd to a right understanding of it , lest some scruples ( like roots of corns ) should still remain in your thoughts , i will ( with the like divine assistance ) endeavour to satisfie you . the main doubts ( whereunto all the rest are reducible ) are touching these three things , king . covenant . common-prayer book . you will confesse , by the event of things , that the parliament hath told you many truths , which formerly you would not possibly believes ▪ now you will grant , the king followed an ill councel , and that the cavaliers had undone us all . i hope then you may , by this time , believe alike what the parliament evermore constantly professed , that they took not up arms against the king , but in his , and the kingdoms defence , against a malignant party . the parliament ever told us the truth , or our own sense will give us the lie . yet let me tell you , where the truth and glory of god is concerned , and liberty of conscience , the christian is not always to play the asse . blessed paul ( in a lesser point ) though one appointed to persecutions and patience , yet when he saw his time to stand upon his priviledge , as forgetting the christian , takes a roman spirit , they have beaten us uncondemned , now they thrust us out privily ; nay verily , but let them come and fetch us out . luk. cap. . you shall find our blessed saviour giving orders to his disciples : — and he said unto them , take nothing for your journy , neither slaves , neither scrip , nor sword , neither mony ▪ nor have two coats apeece . but not long after , how much is the matter altered ▪ luk. . but he that hath a purse , let him take it , and likewise his scrip , and he that hath no sword , let him sel his garment end buy one . what meanes all this , but to tell us , that he that is the lamb of god , is also lion of the tribe of iudah ; and that the same holy lips that bequeathed nothing but peace to his church , pronounceth also elswhere , suppose ye that i am come to give peace 〈◊〉 earth ? i tell you nay , but rather division and a sword . we christians , as we are to be as innocent as doves , yet as wise as serpents ; and when our masters credit and honour is touched , we must have the genius that peter had , when he struck off malchus eare . mistake me not , this is not to encourage any to rebellion ; but to take off that error that . court-divinity obtruded upon us , that in no case whatsoever arms are to be medled with , he gods glory , and conscience ever so much concerned . i mean no otherwise then king iames his own pen hath resolved it , bishop * bilson maintained it , and our king in ayding and succouriug the states , and rochellers , confirms as much . there are those , that in points meerly of politick interest , grant much in this kinde . peter martyr distinguishing subjects , sayes , that those that are merè privati , may not dare to lift up an hand against their lord and king . but those other kind of subjects he there cals , sic inferiores , out superior potestis ab illis utcunque pendeat , certisque legibus reipublicae praeficiunt . and he instances the ephori of the lacedemonians , and the tribunes of rome . and what can they do ? si princeps pactis & promis●is non steterit , cum in ordinem cogere , ac vi ●digere , ut conditiones & pacta quae fuerat pollicitus compleat , idque vel armis , cum aliter fieri non possit . and then instanceth , how in that kinde the danes dealt with their king in his dayes : and afterwards urging polydore virgil , anglos aliquande suos reges compulisse ad rationem reddendam male administratae pecuniae . though this learned man afterwards , as a divine , and modestly , ego vero dum illorum consilium ad regul●m scripturarum examino , id non probe . but for thy satisfaction ( good country-man ) in the present point , i do think that our loyalty and obedience to kings , is alwayes subordinate to god , and we should through them alwayes looke upon him , and rather be accounted traitors to the one , then the other , especially when his glory is publikely asserted . i marvell this doctrine was so strange , when even the very common-prayer book did teach it , as in that collect for the king . almighty god , whose kingdom is everlasting , &c. so rule the heart of thy chosen servant charles our king , that he above all things may seek thine honour and glory , and we his subjects duly considering whose authority he hath , may faithfully serve , honour and obey him , in thee , and for thee , according to thy blessed word and ordinance . if now ( good country-man ) thou yeeldest to the interest gods glory hath in us , thou wilt come easily to digest the covenant , concerning which nothing needs be more said to satisfie thee , then what the learned assembly have in their instructions . but lest thou hast neither seen , or well understood them , let me tell thee , that this is not a slight oath devised for temporall and politick ends , but a most pious and solemn covenant , whereby gods honour being at stake , thou dost list thy self for his service . and think not this a new trick or invention , but a meer imitation of the people of god in their extremities , as in the times of ezra , and nehemiah ; read those holy books , and throughly ponder and understand them , and i will warrant thee , thou wilt not stick at the covenant . it is not unworthy thy noting , how that the enemies there still make use of the king to frustrate the good works . ezra , cap. . you shall see rheum the chancellour , with the malignant party , begin , be it known unto the king , that the iews are come up to ierusalem , building the rebellious & bad city : and be it known unto the king , that if this city be builded , they will pay no custom unto the king ; and it is not meet for us to see the kings dishonour : therefore we will send to certifie the king . so that here you see nothing but king , and king . and wicked sanballat , he doth the like to good nehemiah : the iewes think to rebell , for which cause thou buildest the wall , that thou mayest be their king . so that if any designe be on foot for god , the only means to dash it , must still be king . but these good worthies go on in their good purposes , though subject to heathen kings , and acknowledging their sinnes to be the cause of their miseries . and because of all this , we make a sure covenant , and write it , and our princes , levites , and priests , seal to it . you understand the ground of the covenant . now to satisfie you for your common objections , i say first : as for the oath of allegiance , it doth fortifie and confirm it , principally providing strict clauses for loyalty and obedience to his majesty . and for ministers who have sworn to maintain the former church-government , &c. the instructions tell them that an oath binds , tantum licitis & honestis ; and where the lawfulnesse of an oath ceaseth , the obligation also ceaseth . constant practise shewes , that magistrates take oaths to maintain all the lawes of the land , and many lawes afterward may be abrogated ; the meaning of the oath being to maintain laws , while they are laws ; but when they are repealed by the power that made them , they are wiped out of his charge & oath . and withall , is it not all one now in this case , as it was in the beginning of reformation , hen. . all the clergy were formerly bound to maintain the popes supremacie , and the doctrine of rome ; but when the impiety and unlawfulnesse of it appeared , might not they be well discharged of their oath ? and who can better judge of the unlawfulnesse and corruption of the prelatical government , then the wisdome of the parliament ? and they adjudging it unlawfull , what oath soever thou hast taken to maintain it , is but vinculum iniquitatis , and so absolutely void ; and , qui jur at in iniquum , obligatur in contrarium . but you are not satisfied , because the king is not with the parliament . i must tell you , it is no new invention to ascribe to the king , a capacity differing from his person , and in that capacity and kingly power he is virtually present in the parliament : in this sense , thou hast heard say , that the king is immortall ; and where thou hast seen his patents and commissions , he is said to be present . another thing thou canst not well brook in the covenant , is the mention of the church of scotland . indeed i must confesse it hath got the start of us for that honour ; if we call them brethren , they have iacob-like robbed us of that blessing ; if we call her our sister-kingdom , she hath mary-like , before us , chosen the better part : and , alas , all this through our own fault . god hath again and again offered us this honour , ever since the first reformation , stirring up godly men , who have by all meanes and importunities earnestly sought to procure us this happines , but in stead of being heard , have been requited only with contempts , and all discouragements prelatical greatnesse could load them withall . but for thy satisfaction understand , the covenant propounds no church unto thee as a pattern , but only the word of god to be thy rule and pattern . it were much to be wished , the covenant were tendred as piously and solemnly as the parliament hath prescribed , and not suddenly and violently pressed upon some , and mincingly given unto others in corners . to be brief ( country-man ) if thou wouldest endeavour to understand the covenant as the parliament intends it , thou wouldest never stick at it , it tending only to no more , but to procure a better world , and thy self to become a better man . i am now come ( country-man ) to thy dagon , the common-prayer book . as for the matter and form of it , the exceptions against them have been sufficiently made known to the world : i shall only endeavour unto thee , to justifie the abolishment of it , from that apparent inconvenience and prejudice it occasioned to the gospel , and the professors of it . it was truly said , that in our dayes we have seen conformity to ceremonies more exacted than conformity to christianity . it is but fresh in our memories ; if a good man should but in tendernesse of conscience scruple any thing against the common-prayer book , were he otherwise ever so gracious , he was presently a puritan , and there was no breathing for him among us ; whilst another that would make no bones of the common-prayer book , nor of any thing else , reading only the common-prayer book , and be otherwise ever so unworthy and scandalous , he should passe for an orthodox minister , and have livings heaped upon him ; and the other good soule , his wife and children , left to all contempt and poverty . obj. but you will say , this was not the books fault , but must be imputed to the bishops , &c. ans. i say , the common-prayer book was at least the occasion of their sufferings , and haply their afflictions have cried to heaven for this vengeance , which must be no lesse then the utter abolishment of it . it is ordinary , that but a relation to a notorious evil suffers in the judgement : torquin doth but a foul fact , and the harmlesse name of king must be discarded rome . one ravillaick murthers a great king , and his name must no more be heard in france ; the father commits treason , and the innocent issue must suffer in the forfeiture . the bishops were the common-prayer books patrons , and the main authors of its evils , and it with them must suffer in the doom . but this is not all ; it was not so void of guilt as this , though after a close manner , and not sensible to all , it was very prejudiciall , and a shrewd enemy to the gospel . you know there was a necessity of reading it ; as for the preaching of the word , let it get its place and esteem as it could : and this necessity of the one rather then the other , drew generally the credit to that which seemed most necessary ; mans nature is most contented with the easiest way of serving god , and publike government countenancing thus the common-prayer book , rather then the other . by this means , whatever tended to the more effectual knowledge , and reall service of god , was accounted but precisenesse , &c. . me thinks that were sufficient reason to abolish it , even to satisfie the consciences of our christian brethren , and so peace , and better communion might be betwixt us . our christian brethren are offended out of meer conscience , and we will needs retain it out of meer fancy . no doubt but many thousands , in the beginning of reformation , were as loth to forgoe the masse-book , who upon better experience blessed god to be rid of it . we are hardly pleased with the form of such mansions , as our ancestors a hundred yeares ago were well contented with , and it is our opprobrium gentile daily to change the fashion of apparels ; and yet to be so wilfully wedded to a kind of divine service so apparently prejudiciall to the gospel , even against farre better means , seems a strange delirium . i appeale to thine own experience ( country-man ) hast thou not observed that the better , & most godly kind of ministers , have been ever most malecontented at the common-prayer book ; and the most unworthy scandalous , and corrupter kinde , have been most maintainers and patrons of it ? mr. hooker , its best champion , sayes , that if the minister powres not his soule in prayer , and speaks not as moses , daniel , and ezra did for their people , the service of the common-prayer book avails but little . then judge thou , how happy have we been , and are in wales , that heare it from some that scarce can read it . i must cleer an error which hath been obtruded upon thee , and many others , viz. that the common-prayer book was confirmed by the blood of martyrs . this i have often seen , and especially under the hand of a minister , accounted learned in our own country , ( among other wide elogies ) to a most understanding and religious knight . i deny not but some of those that compiled it in edw. his dayes , dyed worthy martyrs , but i cannot learn they dyed martyrs , but in defence of the gospel , and the truth of it , against the idolatry and superstition of rome , and for nothing else . we may as well say , the apostles , act. . having for the peace and conveniency of the church ordained orders to abstain from things strangled , and from blood ; say , they confirmed these decrees with their blood , because afterward they suffered martyrdom for the gospel . and to say those worthies in ed. . his dayes confirmed the common-prayer book with their blood , were by the like logick to inferre they confirmed with their blood , all , the use whereof they did ordain and tolerate in the church afterwards , as surplesse , bels , and all ceremonies . no , be not deceived , i know not that it was ever confirmed with blood , unlesse it was in these our warres . those good men in edw. . dayes , were glad they had gained so much as to have the divine service in the known tongue : but as in laying the foundation of the temple , there were those that shouted for joy , so there were those that wept , that it was short of the former temple . so there were those in the first reformation , that could have wished they then had obtained more : the masse then fell just like dagon before the ark of the lord , its head and palms were cut off , but the stumps of dagon was left to him . it is with the true worshippers of god , as it was with abraham , when the king of sodome offered him the spoiles ; i will not take ( saith abraham ) from thee a thred to a shoe-latchet , &c. lest thou shalt say , i have made abraham rich . and in those very dayes there were those , that fain would not have retained the least thred of the reliques and trash of rome ; bishop hooper then himself could not away with them , and peter martyr adviseth him to bear with them , ne id progressui evangelii sit impedimento . and yet he cannot but confesse himselfe delighted to see this goodly zeal in the bishop , ut religio ad castam , simplicemque puritatem denuo aspiret ; professes his desire was as much as his for a through reformation : with a vehementer cupio id quod conaris , locum habeat . you may do well to observe one trick of the bishops : the common-prayer , though it was the publick service , yet they would permit the use of it in families , which rather then no serving of god at all , i held it allowable ; but of preaching in families , you know how much they were against it . good country-man , i have been over-tedious ; therfore in a word , suppose the common-prayer book like the moon , which in its proper motions and seasons is a goodly beneficent creature ; but if it interposes betwixt us and the sun , it becomes an opacous disastrous body . in the times of superstition , common-prayer book arising like the moon at a dark midnight , was comfortable ; but now a sun-shine of the gospel breaking in upon us , think thou what thou pleasest of it . part . iii. containing an application to wales . in brief ( country-man ) i must tell you , we are deceived , and do not know our own condition : we will needs be accounted good protestants , when , alas , how can that be , when we want the means to become so ? to say , a perfunctory reading of the common-prayer can make us so , is to say it can do miracles . a wretched sermon now and then , and that either by an ignorant , or scandalous minister , or both ; alas , what can it do ? it being commonly too such stuffe , you know not whether it savours stronger of the ale , or the pocket ; half an houre 's showre in a great draught , will little availe the chapped earth . i must tell you , abating gentry and a few others , that by the benefit of education may be otherwise ; generally ( i dare boldly say ) we can be but papists , or worse , in wales . i need not remember thee of that swarm of blinde , superstitious ceremonies that are among us , passing under the name of old harmles customs ▪ their frequent calling upon saints in their prayers and blessings ; their peregrinations to wells and chappels . mistake me not , that i delight to discover the blemishes of my country ; it argues good will , to tell ones malady before a physitian . not i first , but our own learned countryman , dr. powel , doth in his books bewaile us for these miseries , as c. . annot. in itin. . giral . camb. and the reasons of all you shall hear in his own words , haec omnia ignorantia & evangelicae praedicationis inopia contingunt . and a little after , quicquid in hac re peccatum sit , illud totum pastorum paucitati ascribendum est , ad quorum sustentationem satis ampla stipendia , & redditus ecclesiastici in cambria , omnia opima sacerdotia in generosorum manibus , aut ab illis possidentur , qui non in cambria , sed in aliis quidem partibus vitam degunt ; hi neque animas , neque corpora pascunt , modo ipsi lanam habeant . and thus copiously and sadly bemoaning our state , concludes , deus tempore opportune ecclesiae suae melius providebit . and surely , if ever , now this tempus opportunum is come upon us , let us lay hold upon the lock , and blesse god for it : doubtlesse if we be not wanting unto our selves , the lord is in hand to do great things for us . it were worth our labour , seriously to observe the gracious accesses of god made towards us in very late favours . . he hath been gracious to us in the course of this war : we were not such friends to the parliament , as to have so good dealing and quarter as we have had , we deserved harsher means , and rougher hands to reduce us , then we had : but praised be his mercy , not strangers , but those of our own bowels we only knew from ; and when we deserved a whipping , he gives the rod to our friends hands . . but this is not all ; if we mark , we may see his greatest favour , his gospel comming among us : the bible , before only known in the church-volume , hath by the meanes of worthy sir tho. middleton been translated to the vulgar volume : in some places of wales the gospel doth already kindle ; and that ( which our countries can never too gratefully acknowledge ) by the worthy and godly endeavour of mr. cradock ; and especially ( which is worth our notice ) it begins to shine in a place heretofore noted for untowardnes , called llangerick in mongomeryshire , a place formerly but of very sorry fame , but now pointed at as the puritans & roundheads of wales ; and all this through the godly pains of some persecuted ministers , resorting thither through manifold discouragements and dangers . . divers good books have lately been translated into our language ; and our learned , dr. davies compiled that monument of his learning , & love to his country , his elaborate dictionary , whereby not only we our selves , but even strangers may become perfect in our tongue . . neither must we let it passe without our greatest admiration , how the lord hath so marvellously preserved our tongue ; at which mr. cambden himself ( though otherwise not much acknovvledged our friend breaks into highest admiration , that it should survive after so many conquests of us , and attempts to extinguish it . in hac linguarum consideratione non possumus non maximè admirari , & praedicare divinam summi creatoris benignitatem in nostros tannos , &c. linguam suam tectam hactenus conservarint . hence dr. davies inferres , that god would not through so many turmoiles and conquests , so wonderfully preserve a tongue to these last times , nisi eadem nomen suum invocari , suaque magnalia praedicari decrevisset ; without it be especially marked out & appointed for the setting forth of his glory , and the preaching of his word . who knowes then , but we may recover our ancient blessing , and become as famous for christianity at the last , as we were at first ? apud illos ( says dr. powel ) vigebat veritatis praedicatio , vivificatrix fides , & purus dei cultus , qualis ab ipsis apostolis mandato divino christianorum ecclesiis traditus erat . the preaching of the gospel , sincere doctrine , lively faith , and the pure worship of god , did at first flourish amongst us : and when it came to be corrupted by superstition , we had the glory ( what we could ) to maintain the primitive worship , against the superstitions and fopperies which augustine the monk would obtrude upon us ; and afterward procured the sword of ethelfrid king of northumberland to make a way for them , when no lesse then eleven hundred poor monks of bangor were slain , ( or as mr. fox , rather were martyred . ) i hope we are not wholly degenerated from our ancient progenitors , but that we still retain something of their noble and christian genius . that dark cloud of superstition which came from rome , and then darkned their light , is still to this day undispelled , and hinders us from the primitive light of the gospel . as it is recorded to their honour , to have laboured to keep the light when they had it , let it be also our credit and honour now , upon so blessed an opportunity , strive and labour to procure it , when we may have it . we are noted to be a people not of the worst natures , and truly not much unlike the character our country-man giraldus long ago gave of us ; sicut malis , nusquam pejores , sic bonis , meliores non ●eperies ; if bad , none can hardly be worse , and if good , none better . but this is not all , but dr. powel observes , we are a people by a singular disposition and benefit of nature , apt both to heare and learn good things , & ad obediendum paratissimus , and most ready to practise . and then who will not confesse , but that it is a thousand pitties such should not have the knowledge of the gospel , and the means of grace abundantly amongst them ! and blessed be the lord , we never had more hopes , and fairer means offering themselves , than now . as when we see stone , timber , and other materials gathered together to a place , we presently conclude that there is some building in hand ; so ( by what you have read ) me thinks how the lord doth no lesse then seem to provide meanes , and as it were , materials to reare up his gospel among us : and as the blinde man in the gospel is said to behold men walking as trees ; some such obscure sight ( me thinks ) we may already have of the gospel's silent approach and motion towards us . and as at the famine of samaria , eliah said to ahab , there is a sound of abundance of rain ; so after this great famine of the vvord , ( blessed be god ) we do now at last ( me thinks ) as it were , ken a little cloud rising like a mans hand , and that ere-while the heavens will grow black with clouds and wind , and we shall have a great rain , and the lord of the harvest will give a plentifull increase . doubtlesse if we be not wanting to our selves through our wilfulnesse and ingratitude , god hath some great favours in store for us . i cannot but think what that famous vvickliffian , our country-man , wrote near years ago ; that the britons , amongst other nations , have been as it were by the speciall election of god , called and converted to the christian faith , and further addeth , that it is very likely they will be imployed to overthrow antichrist . then ( country-man ) let us humbly look up , and wait upon god , and devote our selves in our affection & spirits to him , and his choise ministers among us , the parliament ; doubtlesse we are deep enough in their thoughts , and that they mind our happinesse more then we do our selves ; the only compendious way to make us happy , is to have the gospel come among us , it hath a notable vertue with it , it will presently purge church and state ; and with humble submission to their wisdome be it spoken , that the only way to introduce the gospel among us , is the pitching upon a course and meanes ▪ to advance the ministery : which cannot be better , then by founding some solemn places in wales for the profession of the more necessary kind of arts and good literature , ( all which may be without the least injury or disparagement to the vniversities ) such a course would prove a notable encouragement to our countries , so that i dare say , three for one would mind schooling for their children , than there hath or doth , being discouraged by the charge and distance of , the universities ; and without doubt , through the blessing of god , few yeares would afford us a goodly number fit to serve at the altar . it could never have been said truer , then of us in vvales , the harvest truly is great , but the labourers are few . we can nothing but pray the lord of the harvest , that he would incline and direct the heart of the parliament , that he through them would send forth labourers unto the harvest . such an act as this , would be an honour to our age ; and those that are yet unborne , and like little levies as yet lie hid in the loyns of their grandfathers , will have their mouths filled with blessings for so christian and noble a work ; when they shall consider , that when their bodies were not borne , the blest parliament was then caring for their soules . for something of this nature , or lesse , we know what an elogie was given of the centurion to our blessed saviour ; he is worthy for whom thou shouldest do this , for he loveth our nation , and hath built us a synagogue . well ( good country-man , or any other reader ) i will now part with thee : if any passage hath offended thee , i must tell thee , i intended only well , and at the most would do but as he that slew the serpent , not touching the body of the child twined up in the folds . and if thou hast mistaken the parliament , smite thy breast , and ask god forgivenesse for it , for i hope by this time thou perceivest it is something more , then once thou thoughtest it was . good luck have thou with thine honour ; ride on because of the vvord of truth , of meeknesse , and of righteousnesse , and thy right hand shall teach thee terrible things . psal. . . soli deo gloria . notes, typically marginal, from the original text notes for div a e- act. . notes for div a e- obj. ans. though gods anointed , there , doth not signifie kings . king. in brit. mr. pryrre . d. bastwi●k mr. burton . scots . in his speech ver. . . in c●mb . gram dr. davies ex sabel & platine . o fortunata & omnibus beatior terris , britannia , quae constanti●um ●rim● vidisti . camb. 〈◊〉 pancg . pag de bell. iud. l. . lib. . de rep. obj. ans. isa. . . ver. . job . . . isa. . , . notes for div a e- king . act. . ver. . ver. . luk. . . mat. . . in his ans. to card. peron . * in his defence of christian liberty , against antichristian rebellion . lib lo . com . p. . covenant . ver. , . neh. . . neh. . . obj. ans. obj. ans. obj. ans. common prayer book . l. falkland speech . obj. ans. eccl. pol. lib. . obj. ans. ezra . sam. . gen. . epist. hoop . notes for div a e- in many places not a sermon scarce once a yeare . want of preaching impropriation . and now again , i hear , mr. cradock is procuring the new testament to be printed in welsh in a little volume , whereby it may grow more portable & common , which may be of much use in short time to introduce the knowledge of the gospel among us . mr. powel . mr. roberts britanni , romanis & saxonibus devicti & triumphati fuerint , eum etiam latis legibus abolere studuerint normanni . ib. in brit. nec sane ullo modo credendum , linguam voluisse post tot gentium clades & imperii mutationes , conservatam in haec usque ultima tempora . in prafat. gram. l. . c. . annot. in giral . — im●rudenter & aequo durius , ad ritum romae voluisse britannos , cogere — aiebant , — modo salva maneret lex divina , sides , christi doctrina , senatus , quam primus tulit ore suo , quia ita lita ab ipso christi erat humanae doctore , & lumine vitae . mantuan in fast . vol. . p. in descr . camb. c. populus ipse praestantis cujusdam naturae beneficio semper ad audiendum promptus & ad discendum aptus . annot. in giral . c. . ver. , . walt. brute in act. & mon. v. . p. jani anglorum facies nova, or, several monuments of antiquity touching the great councils of the kingdom and the court of the kings immediate tenants and officers from the first of william the first, to the forty ninth of henry the third, reviv'd and clear'd : wherein the sense of the common-council of the kingdom mentioned in king john's charter, and of the laws ecclesiastical, or civil, concerning clergy-men's voting in capital cases is submitted to the judgement of the learned. atwood, william, d. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) jani anglorum facies nova, or, several monuments of antiquity touching the great councils of the kingdom and the court of the kings immediate tenants and officers from the first of william the first, to the forty ninth of henry the third, reviv'd and clear'd : wherein the sense of the common-council of the kingdom mentioned in king john's charter, and of the laws ecclesiastical, or civil, concerning clergy-men's voting in capital cases is submitted to the judgement of the learned. atwood, william, d. ? [ ], [i.e. ], [ ] p. printed for thomas basset ..., london : . attributed to atwood by wing and nuc pre- imprints. errata: p. [ ] at end. advertisements: p. [ ]-[ ] at end. errors in paging: p. - omitted, p. - repeated, both in numbering only. reproduction of original in the huntington library. includes bibliographical references. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- history. feudal law -- england. bishops -- england -- temporal power. constitutional history. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion jani anglorum facies nova : or , several monuments of antiquity touching the great councils of the kingdom , and the court of the kings immediate tenants and officers , from the first of william the first , to the forty ninth of henry the third , reviv'd and and clear'd . wherein , the sense of the common-council of the kingdom mentioned in king john's charter ; and of the laws ecclesiastical , or civil , concerning clergy-men's voting in capital cases is submitted to the judgement of the learned . decipimur specie recti — hor. london , printed for thomas basset at the george near st. dunstan's church in fleet-street . . jani anglorum facies nova . that king john's charter exhibits the full form of our english great and most general councils in those days ; if i may fay so , is the vulgar error of our learned men ; and 't is that which hath given the only prejudice to the pains of the judicious mr. petyt , who , i must fay , has laid the foundation , and sure rule of understanding the ancient records and histories , which mention the great or general councils , in his distinctions between the curia regis , and commune , or generale concilium regni , barones regis , and barones regni , and the servitia which were paid , or performed by reason of tenure : and those common prestations , which bracton mentions , sunt etiam quaedam communes praestationes quae servitia non dicuntur , nec de consuetudine veniunt , nisi cum necessitas intervenerit , vel cum rex venerit , sicut sunt hidagia , corragia , carvagia , & alia plura de necessitate & consensu communi totius regni introducta : which are not called services , nor come from custom , but are only in case of necessity , or when the king meets his people ; as hidage , corrage , and carvage , and many other things brought in by necessity , and by the common consent of the whole kingdom . this i must observe upon the differences here taken , that 't is not necessary to the maintaining a real difference , to insist upon it , that none of these words were ever used to signifie what is the natural signification of the other : for example , barones and milites , are sufficiently distinct in their sence ; and yet when but one of the words is used , either of them may , and often does take in the other : but when barones , milites , &c. are set together , the barones are a rank of men superiour to the ordinary milites ; 't is enough to prove that the differences above mentioned are rightly taken , if according to the subject matter , and circumstances , we can clearly divide the one from the other . now let us see the words of the charter , and observe whether they are meant of all general or common councils for making of laws , and voluntary gifts to the crown , or only of such as concern'd the king's immediate tenants . nullum scutagium vel auxilium ponam in regno nostro , nisi per commune consilium regni nostri , nisi ad corpus nostrum redimendum , & ad primogenitum filium nostrum militem faciendum , & ad primogenitam filiam nostram semel maritandam , & ad hoc non fiet nisi rationabile auxilium . simili modo fiat de civitate londinensi . et civitas londinensis habeat omnes antiquas libertates , & liberas consuetudines suas , tam per terras , quam per aquas : praeterea , volumus & concedimus quod omnes aliae civitates , & burgi , & villae , & barones de quinque portubus , & omnes portus , habeant omnes libertates , & liberas consuetudiues suas , & ad habendum commune consilium regni , aliter quam in tribus casibus praedictis here the london edition of matthew paris , and that at tours make a period distinct from what follows , and then the sense is , that except in those three cases , wherein the king might take aid or escuage at the common law , without the consent of a common council , for all other aids , or escuage , a common council should be held ; and the city of london , all cities , burroughs , parishes , or townships ; that is , the villani their inhabitants , the barons , or free-men of the five ports , and all ports should amongst other free customs , enjoy their right of being of , or constituting the common council of the kingdom . but so much is certain , that if these , or any besides the tenants in capite came before this charter , and were at the making of it , their right is preserved to them by it , and is confirmed by the charter of hen. . cap. . civitas lond. habeat omnes libertates antiquas , & consuetudines suas : preterea volumus & concedimus , quod omnes aliae civitates , burgi , villae , & barones de quinque portibus , & emnes alii portus habeant omnes libertates , & liberas consuetudines suas . and for an evidence of what was their custom and right , as to the great council of the kingdom : both these charters were made to , and in the presence of all the clergy , counts , barons , and free-men of the kingdom . king johns ( as mr. selden tells us he conceives ) was made by the king , and his barones & liberos homines totius regni , as other particulars were of the same time . but the record which he cites in the margent puts it out of all doubt , that the charter was made by them all . haec est conventio inter dominum johannem , regem angliae ex unâ parte , & robertum filium walteri marescallum dei & sanctae ecclesiae angliae , & ric. com. de clare , &c. & alios comites , & barones & liberos homines totius regni ex alterâ parte . and in another record it is said to be , inter nos & barones & liberos homines dominii nostri : so that the liberi homines of the kingdom were present ; and who were at the making of the great charter of hen. . which has been so many times confirmed , it acquaints us at the end . pro hac autem donatione & concessione libertatum , & aliarum libertatum in cartâ de libertatibus forestae , arch. ep. ab. pr. comites , barones , milites , liberè tenentes & omnes de regno nostro dederunt nobis quinto-decimam partem omnium mobilum suorum . the charter here mentioned of the forest had been granted in the second of hen. . as was the great charter ; the parties to the grant of a subsidy are the very same : archiepiscopi , episcopi , abbates , priores , comites , barones , milites & liberè tenentes , & omnes de regno . not to produce here the proof of such general assemblies from the conquest downwards to the h. . i may say upon what i have already shown , that this interpretation of king john's charter , whereby the tenants in capite are divided from the rest , and made a common council for escuage only , agrees better with the records and histories , than the notion , that they alone compos'd the whole council of the kingdom , which can never be proved . but i will take the words together , even as they who are fond of the conjecture of their being the full representative body of the nation would have it . et ad habendum commune consilium regni de auxiliis assidendis , aliter quam in tribus casibus praedictis , & de scutagiis assidendis submoneri faciemus arch. ep. ab. & majores barones regni singillatim per literas nostras . et praeterea faciemus submoneri in generali per vicecomites & ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem , scilicet ad terminum quadragint . dierum ad minus , & ad certum locum in omnibus litteris submonitionis causam submonitionis illius exponemus , & sic factâ submonitione negotium procedat ad diem assignatum , secundum consilium eorum qui praesentes fuerint , quamvis non omnes submoniti venerint . here was i grant the form of a common council of the kingdom , to the purposes here named , which are for aid and escuage : the aid i say , and shall show , was from those tenants which held of the king in comon socage , such as held geldable , or talliable lands , the escuage concern'd the tenants by knights service , but both concern'd only the king's tenants in chief , which appears in the very confining the summons to the majores barones regni , and others which held of the king in capite . whereas ( ) there were majores barones , who held not by any feudal tenure , that were not oblig'd to attend at the kings ordinary courts , and they , with them that were under their jurisdictions , had their common councils apart , though all might meet at general councils : so that what was a common council of the kingdom to this purpose , was not so indefinitely to all . . there were others who were oblig'd , or had right to be of the common council of the kingdom , though not upon the accounts mentioned in this charter . . the norman prince , to the encouragement of those great men that adventured for his glory , made some of them as little kings , and gave them the regal government of several counties , in which they with the great men thereof , and the liberè tenentes freeholders , made laws for the benefit of their inheritances , and the maintaining the peace ; and that of chester in particular was given to hugh lupus tenendum sibi & haered . ita verè ad gladium , sicut ipse rex tenebat angliam ad coronam : so that he wanted nothing but a crown to make him king. in a charter of count hugh's , of the foundation of the monastery of st. werburg , he says : ego comes hugo , & mei barones confirmavimus . and one of his successors grants to his barons , quod unusquisque eorum curiam suam habeat liberam de omnibus placitis ad gladium meum pertinentibus . and at the coronation of h. . which was after this charter , earl john , another of william's successors , carried st. edward's sword before the king , as matthew paris tells us , for a sign , that he had of right a very extraordinary power : comite cestriae gladium sancti edwardi qui curtein dicitur ante regem bajulante , in signum quod comes est palatinus , & regem si oberret habeat de jure potestatem cohibendi , &c. though this was the chief count palatine , yet others had their separate councils , where they made laws . william fitz-osborn was made earl of hereford under william the first , of whom william of malmsbury says ; manet in hunc diem in comitatu ejus apud herefordum legunm quas statuit inconcussa firmitas , ut null●s miles pro qualicunque commisso plus septem solidis , cum in aliis provinciis ob parvam occasi inculam in transgressione praecepti herilis , viginti vel viginti quinque pendantur . of the same nature are examples in the constitutions of the old earls of cornwal , and the like . to return to the county palatine of chester , its count was not tent. in capite with the restrictions above taken , viz. subject to the feudal law , and obliged to attend once at the courts as other tenants , and yet at the general councils he was present . therefore this council mention'd in king john's charter , where none but tenants in capite ( obliged to the ordinary incidents of such tenure ) were , was no general council of the whole kingdom , as our modern authors would have , though it were for the matters of ordinary tenure , all that were concern'd being at it . in the year . king hen. . held his curia or court at winchester , at christmas , which was one of the court days , or rather times of meeting ; for it often held several days ; and therefore when that at tewksbury , in king johns reign , held but a day , it is specially taken notice of . soon after king henry's christmas court , he summons all the magnates of england ad colloquium ; when they meet , because he was greatly in debt by reason of his wars ; he demands , auxilium ab omnibus generaliter . quo audito comes cestriae ranulphus pro magnatibus regni loquens respondit , quod comites barones ac milites qui de eo tenebant in capite cum ipso erant corporaliter praesentes , & pecuniam suam ita inaniter effuderunt , quod inde pauperes omnes recesserunt , unde regi de jure auxilium non debebant , et sic petitâ licentiâ omnes recesserunt . here was the earl of chester , this being a summons to a general assembly ; but when the king asked money for his expences in the wars , he tells him in the name of all the laity , that those which held of him in capite ( which is as much as to say he was none of them ) served him in their persons , and at their own charge ; therefore they beg'd leave to be gone , if the king had no other business with them , for no aid was due : so that it seems they look'd upon auxilium to be something in lieu of the service which the kings tenant was to perform . that this concern'd the kings tenants in capite by k t s . service , and no others ( except the inferior talliable tenants ; ) & they that were then assembled , being the great council of the kingdom , took upon them to umpire between the king and his tenants , and to tell him that he had no pretence for aid from them , for they had perform'd their services due . if only tenants in chief , by knights service , are here intended by tenants in capite , they only most commonly attending the king in person , though sometimes all tenants whatever , were required to attend ; and so in king john's charter , the summons be taken , to be only of such tenants in chief , then the aid there is meant only of such as comes from them ; but that takes not in all that are within the meaning of king john's charter , it adding simili modo fiat de civit. lond. which paid a socage aid as i shall shew : but for chester , even at those times when aids were granted by more than the king's tenants , the earls , barons , and freeholders of chester gave by themselves . prince edward , afterward king edward the first , was in the th of h. . count palat. of chester , and he had his common council there , wherein he consulted for the good of his palatinate apart , from the great council of the nation : barones & milites cestrenses & quamplures alii ad sum . domini edw. coram ipso domino edw. apud shorswick , super statum terr . illius domini edw. consul . & propon . quae hab . proponenda . nay so careful were they that the kings feudal jurisdiction should not interfere with the earls or other lords there , that they insisted upon it as their prerogative , so say many records , that if one held by knights service of the king , and of any lord within the palatinate also , the heir should be in ward to the lord there , not to the king ; and so by consequence of the other incidents and attendance at the kings courts ; so that those of the county of chester , could be no part of this common council , which therefore was not general . in an inquisition taken edw. . dicunt quod a tempore quo non extat memoria , tam temporibus comitum cestr . quam temporibus regis hen. patris domini regis qui nunc est , ac tempore ipsius domini edw. regis nunc secundum consuetudinem per quandam praerogativam hactenus in com. cestr . optentam & ufitatam domini feodorum in com. praedict . post mortem tenentium suorum custodiam terrarum & tenement . quae de eis tenentur per servitium militare usque ad legit . aetat , haered . hususm . ten . licet iidem tenentes alias terr . & ten . in com. praed . vel alibi de domino rege tenuerunt in capite semper huc usque habuerunt , & habere consueverunt , &c. king edward the first , sends arch. ep. ab. pri. com. bar mil. & omnibus aliis fidelibus suis de com. cestriae , and desires them that since the prelati , comites , barones & alii de regno , which one would think took in the whole kingdom , had given him the fifteenth part of their moveables , they would do the like , and we find a record of their giving a part from the rest of the kingdom . cum probi homines & communitas comitatus cestriae sicut caeteri de regno nostro m. omnium bonorum suorum nobis concesserunt gratiosè . so that these were then no part of the commune concilium regni within this charter , and no man can shew that they were divided since the time of william the first . . there were others who were obliged , or had right to be of the common-council of the kingdom , though not upon the accounts mentioned in this charter ; which if it appear , then this was not the only common council of the kingdom , or the full form of it , because there were common councils wherein were other things treated of , and other persons present . for this it is very observable , there is nothing but aid and escuage mentioned , nothing of advice or authority given in the making of laws , which were ever enacted with great solemnity , and all the proprietors even of palatinate counties were present in person or legal representation , when ever a general or universal law was made that bound the kingdom . but to wave this at present , i shall give one instance from records , that others were to come or had right , besides they that came upon the account of tenure as here mentioned . the pope writes to king hen. . in behalf of some of his great men , who had complained to the pope that he had excluded them from his councils . the king answers that they had withdrawn themselves , and that falcatius de brent the chief of them , was by the advice of the magnates totius regni , all the great men of the kingdom , called and admonished to receive the judgment of the king's court , according to the law of the land. cum aliâs teneatur ratione possessionum magnarum , & officii maximi quod habuit in curiâ nostrâ , ad nos in consiliis nostris venire non vocatus . although besides the obligation to obey the king's summons , he was bound by reason of great possessions , and a very considerable place at court to come to the king's councils , though not called ; that is , when ever it was known that a council was to meet , which might have been done by an indiction of an assembly without sending to any body . this shews very plainly that there were others to come to the great councils , besides those that were to come to those common councils , and other occasions for meeting ; for confine it to the persons and causes here specified they were to have summons , the majores special , the minores general by the sheriffs , and days notice ; whereas the king said , and could not be ignorant of king john's charter , which was but years before , that falcatius was to come without summons . but there is a further irrefragable argument in the negative , viz. that this commune consilium regni , was not the great council of the nation : and that is the judgment of a whole parliament in the fortieth of edw. the third , above three hundred years ago , when 't is probable that they had as clear a knowledge of the laws , customs , and publick acts in king john's time , as we have of what past in the reign of henry the eighth . it appears by the history that king john had resigned his crown in such a council as this here , it was communi consilio baronum nostrorum and yet the prelats , dukes , counts , barons and commons , upon full deliberation in parliament , resolve that the resignation was void , being contrary to the king's oath , in that 't was sanz leurassent , without their assent : and the king could not bring the realm in subjection , sanz assent de eux . if it had been in the great council of the kingdom , though it was not possible for the parties then at council to have been assenting personally to king john's resignation ; yet they had assented by a natural as well as legal representative , as has been long since shewn by the judicious mr. hooker . to be commanded we do consent , when the society whereof we are part , hath at any time before consented without revoking the same afterwards by the like universal agreement : wherefore as any man's deed past is good as long as himself continueth ; so the act of a publick society of men done five hundred years past sithence standeth as theirs , who presently are of the same societies , because corporations are immortal . that king john resigned his crown , without a parliamentary consent , is to be taken for granted after this solemn determination ; the only question is , whether 't was with the consent of his curia , or such a commune consilium regni , as his charter sets forth . the king had summoned his military council to dover , in the of his reign , as in the third he had to portsmouth ; they which were summoned to the last are specified under the denominations of comites , barones & omnes qui militare servitium ei debebant , this was to have them pass the seas with him , and they that stay'd at home , gave him escuage . veniente autem die statuto , multi impetratâ licentiâ dant regi de quolibet scuto duas marcas argenti . here was a military council , and a military aid given ; they that were with him at dover are not particularly described by matthew paris , but he tells us , convenerunt rex anglorum , & pandulphus cum proceribus regni apud domum militum , templi juxta doveram . die maii , ubi idem rex juxta quod romae fierat sententiatum , resignavit coronam suam cum regnis angliae , &c. this was communi consilio baronum nostrorum , as matt. paris and knyghton render the charter . as matt. westminster ad optimum consilium baronum nostrorum , the last gives us the form of the summons which shews who were the commune consilium regni here , the proceres regni mention'd in matt. paris . omnes suae ditionis homines , viz. duces , comites & barones , milites & servientes cum equis & armis : so that here was a military summons to them that ought to come , because of services , which is explained by the summons to dover , which was to omnes qui militare servitium ei debebant , if he thought all were bound to that service , and summoned all , still the parliaments judgment satisfies us , either that the rest were not obliged , and therefore came not , or if they came as they often did in hen. . time , upon the like summons , as appears by many records of that age , that the king's tenants only assented to the resignation . either way it resolves into this , that a council of the king's tenants , was not a council that could lay any obligation upon , or pretend to a representation of the whole kingdom . indeed i meet with a ms. wrote i suppose in the time of hen. . above two hundred years past , the author of which ( being induced by all the records , or histories , which had then appeared to him , to believe that nothing could be of universal obligation , even in king john's time , but what was assented to as universally as laws were when he wrote ) gives us king john's charter of resignation in a very full and complete form , as if it had been — per consilium & assensum nostrorum procerum arch. ep. ab. prior. comitat. baronum , militum , liberorum hominum , & omnium fidelium nostrorum : whereby if his authority could stand in competition with the great councils , he would remove the objection that had been long before made , which was , that this resignation made in the ordinary curia , was not in a legal representative of the kingdom . it seems that both the parliament and this author were then satisfied that the king 's feudal peers or tenants in chief could not make a commune consilium regni , as a full parliament in king john's time . besides it is worthy of consideration , that if none but tenants in capite were of the common council of the kingdom at this time , then all the abbots , priors , and other dignified clergy , who held not of the king in chief , and yet were very numerous , together with the whole body of the inferiour clergy , were entirely excluded from , and never admitted to this common council any more than the rest of the layty , from the time of william the first , to the forty ninth of henry the third . this i conceive is enough in the negative , that the king's tenants could not within the meaning of this charter make the common or general council of the nation : if it be said that they made the common or ordinary council for matters of tenure or ordinary justice , i shall not oppose it , in which sense they might be said to be a commune consilium regni , but that sense cannot be here intended , because the words are commune consilium de auxiliis assidendis aliter quam , &c. & de scutagiis , &c. so that 't is manifestly no more than a common council for the assessing of aids and escuage ; and if i shew that the aids and escuage concern'd the king's tenants only , then the common council of the kingdom dwindles into a common council of the king's tenants for matters concerning their tenure . if no instance can be shewn from record or history of auxilia or aids raised by the kings of england without more general consent , except such as were raised of his immediate tenants ; and those cases wherein the king here reserved to himself a power of charging with aid or escuage without consent of a common council concern'd his tenants only , and more than those tenants were parties or privies to this charter , it must needs be that the other cases wherein the consent of a common council was requisite , concerned tenants only , since only their consent is required , and they only stood in need of this clause of the charter . that two of the three above mentioned ( viz. ) aid to make the eldest son a knight , and to marry the eldest daughter were incident to tenure , appears by the stat. west . . cap. . which ascertains the aid which before as that declares was not reasonable , and shews upon whom it lay ( viz. ) tenants by knights service and socage tenants , and there is no doubt , but if the king might by law have required aid , in those two cases he might have done it , in the third for the redemption of his own body , which was a service a king of england , especially after the loss of normandy , which often occasioned the exposing their sacred persons , so little stood in need of and was likely so rarely to happen , that there was no need to redress , by the statute of west . any grievance arising from thence . though the statute here spoken of be only in the affirmative , what tenants by these services shall pay : yet this has been taken to be pregnant with a negative as to all others not mentioned . so hen. . fol. . nul grand sergeanty ne nul auter tenure mes seulement ceux queux teigne , in chevalry & en socage ne paieront aid a file marrier pour ceo stat. de west . . cap. . voet que ceux deux tenures serroint charges & ne parle de auters tenures ; that is , none but tenants by knights service and socage are liable to these auxilia . but over and above these incidents , whether with consent of tenants , or advice of other council , or meerly of their arbitrary motion kings used to raise money upon their tenants , and these were called auxilia , which is the word used in this charter of king john , the leavy upon tenants by knights service was called escuage , because of their servitium scuti , service of the shield , that upon tenants of their demesns in common socage , tallage , which is a word that might be of a large extent , as it signifies a cutting off from the estate , but being it was never used as an imposition with pretence of duty but upon his tenants , and that which was raised upon tenants by knights service had its proper name , therefore this has generally been applied to the payments of socage tenants , either as ordinary services , that is , upon the ordinary occasions wherein 't was of course raised by the king , or upon extraordinary occasions and necessities , which required advice . yet as an exaction or unjust payment it has been taken in the largest sence to reach to all tenants and others ; as in william the first his emendations or charter of liberties , the . magna charta . volumus etiam ac firmiter praecipimus & concedimus , ut omnes liberi homines totius monarchiae regni nostri praedicti , habeant & teneant terras suas & possessiones suas benè & in pace liberas ab omni exactione injustâ & ab omni tallagio , ita quod nihil ab eis exigatur vel capiatur nisi servitium suum liberum quod de jure nobis facere tenentur , & prout statutum est eis & illis à nobis concessum jure haereditario in perpetuum , per commune concilium totius regni nostri praedicti . in a general council of the whole kingdom it had been setled what the king should have of his tenants by reason of tenure , and what free services he should have even of those freemen which were not his tenants . thus by the oath of fealty or allegiance and by the law of association , or the revival of the frank pledges , every freeman was tied to service for the defence of the peace and dignity of the crown and kingdom , and by the association more particularly to maintain right and justice ; for all which they were to be conjurati fratres sworn brethren . and besides this there were services belonging to the crown , which lay upon the lands of freemen ; to instance in treasure , trove and royal mines , thesauri de terris regis sunt nisi in ecclesiâ vel coemeterio inveniantur . aurum regis est & medietas argenti & medietas ubi inventum fuerit , quodcumque ipsa ecclesia fuerit dives vel pauper . and this was as properly a service as the roman servitus praediorum , which consisted in something to be suffered upon lands or houses . but he would not exact or take from them by force any kind of tallage . therefore the historian tells us , that in the year . de unaquaque hidâ per angliam vi. solidos accepit , he accepted as a voluntary guift s. of every hide of land throughout the kingdom , if 't was without consent , 't was against his own charter , and so illegal . but to proceed to shew the nature of the auxilia , which came from tenants in the reign of some of his successors , either ordinary as common incidents or extraordinary . by the common law , as the lord cook observes upon the statute of west . . cap. . to every tenure by knights service and socage , there were three aids of money called in law auxilia , incident and implied without special reservation or mention ( that is to say ) relief when the heir was of full age , aid pur fair fitx chevalier , & aid pur file marrier . when the lord cook tells us that these services were incident to socage tenures , as well as knights service it must be intended , when it is spoke of the services of the tenants of the king 's ancient demeasn only , for they that held of the king by certain rent , which was socage tenure , were not subject to the payment of the tallage , except their land were of the ancient demeasn of the crown . and therefore robert de vere earl of oxford , who held a mannor of the crown by a certain rent , which to be sure was not knights service , pleads that he held the mannor with the appurtenances , per servitium decem librarum regi , ad scaccarium annuatim reddendum pro omni servitio , & regidedit intelligi quod idem manner non antiquo dominico coronae regis angliae nec est de aliquibus temporibus retroactis in tallag . per progenitor . regis angliae in dominicis suis assessis consuevit talliari . upon search made he and his tenants are freed from tallage . so the king declares that he will not have aid , that is tallage for marrying his eldest daughter of any clergy-men that hold in frank-almaign or socage , which must be taken in the same sense with the former . and before this walterus de esseleg held a mannor , ad foedi firmam , that is at a certain rent of the gift of hen. . and was never afterwards talliated , quum praedecessores nostris reges angliae & nos talliari fecimus dominica nostra ( it seems though the land had been of ancient demeasn , yet it was severed by the purchase . ) this tallage was called auxilium in the record . de consilio nostro provisum est quod auxilium efficax assideri faciamus in omnibus burgis & dominicis nostris . yet the city of london being charged with a tallage , the common council dispute whether it were tallagium or auxilium which is there meant of a voluntary aid , not due upon the account of any of their houses being of the kings demeasne , though indeed 't is then shewn that they had several times before been talliated . this explains that part of the charter , simili modo fiat de civitate londinensi , that is , as in all cases besides those excepted , escuage or tallage should not be raised but by a common council of the kingdom , that is , of all the persons concern'd to pay : so for the city of london , unless the aid were ordered in a common council , wherein they and all other tenants in chief were assembled , none should be laid upon any citizens , but by the consent of their own common council ; and if the ordinance were only in general terms , that all the kings demeasns should be talliated , the proportions payable there should be agreed by the common council of the city , according to that record , hen. . assedimus auxilium efficax in civitati nostra london . ita quod singulos tam majores quam minores de voluntate omnium baronum nostrorum civitatis ejusdem per se talliavimus . et ideo providimus simile auxilium per omnes civitates nostras , burgos & dominica nostra assidere . this per se talliavimus was a talliating per capita , for when the common council refused to give such a sum in gross , as the king demanded , then the king was put to have it collected of every head , and is , according to the faculty of every socage tenant of his demeasn , as appears by the record of hen. . whereas by this charter the king might take escuage or tallage in three cases without the consent of the tenants , but confin'd to reasonable , that is , secundum facultates , or salvo contenemento , and in those cases wherein their consent was required , things were carried by the majority of voyces amongst them that were present upon his summons , which sometimes were very few ; as when he held his court at westminster in the fifteenth of his reign on christmass the chief time , 't was cum pauco admodum militum comitatu , there arose a very great inconvenience , and a few tenants called together at a time , when the rest could not attend , as in harvest , or the like , might ruine the rest ; therefore this seperate court of tenants is wholly taken away in the reign of edward the first , and he promises that no tallage or aid ( without any reservation ) should be leavied for the future , without the consent of a full settled parliament , not that it was incumbent upon all that came to parliament to pay either tallage or escuage ; but as they were the great council of the nation they should advise him , when , or in what proportion to talliate his demeasns , or lay escuage upon his tenants by knights service : and when the king's tenants paid escuage by authority of parliament , the tenants by knights service of inferiour lords , were obliged to pay to their lords , lit. sect. . the statute is thus , nullum tallagium vel auxilium per nos vel haeredes nostros in regno nostro ponatur seu levetur sine voluntate & assensu arch. ep. comitum , baronum , militum , burgensium & aliorum liberoum hominum de regno nostro . pursuant to this the very same year is a record of a summons for a parliament to consider of an aid to make his eldest son knight , for which before he need not have consulted his parliament , nor the council of the tenants ; de jure coronae nostrae in hujusmodi casu auxilium fieri nobis debet , says the record , and yet he had tied up his hands from raising it without consent of parliament . however king john had in some measure redressed their grievance , giving them assurance that there should always be the general consent of tenants for what was not payable of right and custom , without any consent of theirs , and for the assessing those sums to which consent was made necessary , there should be a convenient notice that none might complain of the injustice of the charge . but all these things so manifestly relate to tenure , both the cases excepted and the cases provided for , that no other sense can be tolerable , for where the king reserves three incidents to tenure , and the particulars within the provision are appendant to tenure , and none but tenants are mentioned , shall we believe that something forreign is intended by the very same words ? though we may well believe that all aids whatever were intended by the statute of edw. . because the consent of all people ; tenants , and others is required . thus far i think i am warranted by very good authorities ; i take leave to observe farther , that it should seem that before this charter the king might have charged his geldable or talliable lands , that is , those lands which were held of his demeasn in socage at his own discretion , but could not charge them that held by knights service without their consent , and so this part take it , barely to the consenting is for the advantage and relief of the socage tenants only . the charter of henry the first , which exempts the king's tenants by knights service , ab omnibus geldis , that is , tribute or forced payments beyond ordinary services , leaves the king a power of charging his other tenants by meaner services , though not those which held by serjeanty , pro omni servitio . militibus qui per loricas terras suas deserviunt terras dominicarum carucarum suarum quietas ab omnibus geldis & ab omni opere proprio dono meo concedo , ut sicut tam magno gravamine alleviati sunt , ita equis & armis se bene instruant , ut apti sint & parati ad servitium suum & ad defensionem regni . but then as the consent is qualified upon such notice and summons to a certain place ▪ herein the tenants by knights service are eased in relation to part of their service . they were obliged to attend the king's court , either in his wars , his administration of justice , or for the assessing of escuage upon those that made default in their personal services ; for the first there could not be any time of summons or place of attendance ascertained , because occasion and necessity was to determine that ; for the second , they could not claim it as a priviledge , the administration of justice being within the king 's ordinary power , and his ministers and justices were sufficient assistants . but in the last there was a grievance in which 't was proper for the king 's extraordinary justice to relieve them . et ad habendum commune consilium regni de scutagiis assidendis , for the assessing of escuage , which was part of the work of the curia , they should be summoned , as is therby provided . even before the normans coming the kings used to celebrate feast-days with great solemnity , and at those days they chose habere colloquium , to consult with their people : so king eldred summoned all the magnates of the kingdom to meet him at london on our lady-day . in festo nativitatis b. mariae universi magnates regni per regium edictum summoniti , &c. londoniis convenerunt ad tractandum de negotiis publicis totius regni ; so king edgar had a great assembly , and called it curiam suam at christmass . cum in natali dominico omnes majores totius regni mei tam ecclesiasticae personae quam seculares ad curiam meam celebrandae mecum festivitatis gratiâ convenissent coram totâ curiâ meâ corroboravi . that the curia regis then consisted not of the king's tenants only : i could shew more particularly by a discourse of the feudal law , and of what prevalence it was here before the normans time : but i think there is enough to this purpose here from one piece of antiquity , which shews what in ancient time made a churl or pesant become a theyn or noble , and that so anciently , that in a saxon ms. supposed to be wrote in the saxon time , it is spoke of as antiquated . that was five hides of his own land , a church and a kitchin , a bell-house and a burrough-gate , with a seat and any distinct office in the kings court. this churle is in an ancient ms. cited by mr. selden called villanus ; so that if a man were not free-born if he could make such an acquisition he became ipso facto , a thane , a free-man , as they were often used the one for the other , which i think is easily to be collected from several places in doomsday book , and as at that time such circumstances with a place in the king's court made a thane or free-man , so a thane or freeman had a place in the great court , as we see edgar's curia had all the majores totius regni , without any qualification from tenure . but this is to be observed that this being spoke of as antiquated , and that the people and laws were in reputation when this was the usage , there is a strong presumption from hence , that since that time a less matter than five hides of land , a church , &c. gave a place in the king's court when nobilty was cheaper , and so the people , the nobles of less reputation . the normans followed not only the lane but the decent customs and ceremonies of the former government , though not directly yet by way of resemblance . and whereas the saxon kings celebrated their courts often on great feast days before all their people upon publick notice , king william erects tenures , whereby all that he had obliged by his gifts , except such as out of special favour were to do some small thing , pro omni servitio , should make a little court or council by themselves either military ( if occasion were ) or judicial in matters belonging to their feud . and by henry the third's time , if not henry the second's , it took in all , or most matters of ordinary justice ; whereas before , its business was confined to the controversies arising between the king 's immediate tenants , other suits , especially about lands , were settled in the counties or hundreds , or in particular lords courts , as appears by the charter of henry the first , de comitatu & hundredis tenendis . henricus rex anglorum sampsoni episcopo & ursoni de abecot & omnibus baronibus francis & anglicis de wircestrescirâ , salutem : sciatis quod concedo & praecipio ut à modo comitatus mei & hundreda in illis locis & eisdem terminis sedeant sicut sederunt in tempore regis edw. & non aliter . 〈◊〉 enim quando voluero faciam ea satis summoneri propter mea dominica necessaria ad voluntatem meam . i cannot here omit the plain observation that dominica necessaria , cannot be meant otherwise than of the king 's own business ; for his necessary demeasns were nonsense , therefore the sense is , that as often as he had occasion , he would give them , that is , all the counties and hundreds , sufficient notice for attending him ; so that here is a clear description of the nature of his great councils , nay , and of st. edward's too , in that when he says , they shall sit no otherwise than they had done in st. edward's time , he adds ; for when i have a mind to it , i will cause them to be sufficiently summoned to meet upon my necessary occasions , of which , i will be judge , that is , so it was in king edward's time , and indeed so it appears in the body of his laws recited in the fourth of william the first , where 't is enacted that tythes shall be payd of bees , we are there told with what solemnity the law passed , concessa sunt à rege , baronibus , & populo ; so whereas king ethelwolf father to the illustrious king alfred had in the year or granted to the church the tythe of his own demeasns . rex decimas ecclesia concessit ex omnibus suis terris sive villis regiis , about ten years afterwards the tythes were settled all over the kingdom by a general consent , totâ regione cum consensu nobilium & totias populi . by the populus is not to be intended all people whatsoever , for they who were not freeholders were not people of the land , were no cives , and were not properly a part of any hundred or country , for they were made up of the free pledges , the freeholders , masters of the several families , answering for one another by tens , ten tens , or tythings at first making an hundred court , and more or fewer hundreds ( according to the first division or increase ) a country , and for the clear understanding the general words , as principes , thaini , barones , proceres , baronagium , barnagium regni , or the like , relating to the great councils of the kingdom before and since the norman acquisition , we find by this charter of henry the first , that the counties and hundreds , that is , the men which composed those courts were upon sufficient notice to attend upon the king's business , that is , constitute the councils , and therefore simeon of durham very properly says of the great council , concilio totius angliae adunato , the same with what eadmerus says of the council of pinnedene in the first william's time , adunatis primoribus & probis viris non solum de comitatu cantiae sed & de aliis comitatibus angliae , here were the probi homines the freeholders of the counties , they that made the county court or turn , either of which in st. edward's laws is called the folkmote , and is there described vocatio & congregatio populorum omnium , and we find by statutes made before this time , that the populus omnis , or the primores & probi homines , according to eadmerus are called peers or nobles , for that the country-court , or turn at least , was celeberrimus ex omni satrapiâ conventus . thus in king edgar's laws , centuriae comitiis quisque ut antea praescribitur interesto oppidana ter quotannis habentur comitia . celeberrimus autem ex omni satrapiâ bis quotannis conventus agitor , cui quidem illius diocesis episcopus & senator intersunto , &c. this some great men have taken for a general council or parliament , but the contrary is manifest in that only the bishop of the diocess , and one senator either the count or the sheriff are to sit there in chief and this very law being taken notice of by bromton , it is there called scyremotus ; so in canutus his laws , where this is repeated , and where canutus his laws give an appeal from the hundred to the county-court or turn ; this of the county is called conventus totius comitatus quod anglicè dicitur scyremote . but to proceed with the charter of henry the first , concerning the county and hundred court. et si amodo exurgat placitum de divisione terrarum si interest barones meos dominicos tractetur placitum in curiâ meâ : et si inter vavasores duorum dominorum tractetur in com. &c. though according to this the titles to land between all but immediate tenants , or such lords as had none over them but the king , were determinable in the county , yet sometime before the great charter of henry the third , common pleas in general , which takes in the titles of land followed the king's court , where ever he held it , and by that charter were brought to a certain place . communia placita non sequantur curiam nostram sed teneantur aliquo loco certo . the king's bench is coram rege , and used to follow the king's court , and was removeable at the king's pleasure . here common pleas as well as matters of the crown were heard , and at this doubtless all the king's tenants by knights service used to be present , of this bracton says , illarum curiarum habet unam propriam sicut aulam regiam & justiciarios capitales qui proprias causas regis terminant & aliorum omnium per querelam vel per privileginm sive libertatem ; but as the curia regis was held sometimes of the tenants and officers only sometimes of the whole kingdom , when matters having no relation to tenure or ordinary judicature were in question , hence has arose the mistake of some learned authors in taking the curia regis to be nothing but the court of the king's tenants , of others that 't was meant only of the great council of the nation . whereas we may trace their frequent distinctions from the conquest downwards very apparently , and very often their union . it is agreed on all hands that the ordinary curia was held thrice a year , at christmass , easter , and whitsontide , and in the time of william the first , the places were as certain on christmass at glocester , on easter at winchester , on whitsontide at westminster , while they were held at the accustomed places , there was no need of any summons , they that were to come ratione tenurae might well come de more ; afterwards , they removed from place to place , the king made the court where ever he was pleased to hold it , and indeed when ever ; but then it could not be the curia de more : if it were at a different time or place , then there was need of summons , if there were summoned at any time more than the ordinary members of the curia ; if this was on the day of the curia there was an union of the great council and the curia , if on a different day there was a great council by its self , yet the members of the curia were a part thereof . not to anticipate what will appear from the presidents which i shall produce to make good this my assertion ; i shall make my observations upon them in order . about the first year of the reign of william the first , as mr. selden supposes , was held the council at pinnedene , to determine the difference between odo bishop of baieux , earl of kent , and archbishop lanfranc ; if this were a curia de more , then 't is evident that more than tenants in chief ; nay , all proprietors of lands assembled then of course even at the curia , for the probi homines of several counties were there , but it appears that it was upon the king's summons to all the freeholders of kent , and of some adjacent counties . praecepit rex quatenus adunatis primoribus & probis viris non solum de comitatu cantiae , sed & de aliis comitatibus angliae querelae lanfranci in medium ducerentur , examinarentur , determinarentur . disposito itaque apud pinnedene principum conventu godfridus episcopus constantiensis vir eâ tempestate praedives in angliâ vice regis lanfranco justitiam de suis querelis strenuissime facere jussus fecit . here all the probi homines are by variation of the phrase conventus principum , a bishop was president and pronounced the judgment ; but it was , as 't is said afterwards , ex communi omnium astipulatione & judicio , this judgment was afterwards revoked in another council , which to be sure must have been as large as the other , else the lawyers who were there , could never have made any colour of an argument for the revocation . item alio tempore idem odo permittente rege placitum instituit contra saepe fatam ecclesiam & tutorem ejus patrem lanfranc & illius omnes quos peritiores legum & usuum anglici regni noverat gnarus adduxit . cum igitur ad ventilationem causarum ventum esset omnes qui tuendis ecclesiae causis quâque convenerunt in primo congressu ita convicti sunt ut in quo eas tuerentur simul amitterent . 't is observable that there was a legal tryal , and the cause went on that side , where the law seemed to be ; but indeed afterwards lanfranc coming possibly upon producing some evidences not appearing before the first judgment was affirmed . here matter of ordinary justice was determined before more than the ordinary curia . this looks very like a general council of the whole nation , to be sure 't was more than a curia of the king's tenants and officers , and is more than a county court. yet in the nature of a county court , it being several counties united , and so was adunatio conciliorum , though not of the council of the whole nation . an ancient ms. makes this chiefly a court of the county of kent . praecepit rex comitatum totum absque mora considere , & homines comitatus omnes francigenas & praecipuè angl. in antiquis legibus & consuetudinibus peritos in unum convenire . but then it adds , & alii aliorum comitatum homines , and so confirms what eadmerus says . the nature of these courts is easily to be explained by writs , which we find from william the first for such tryals as this at pinnedene . willelmus anglorum rex omnibus fidelibus suis & vicecomitibus in quorum vicecomitatibus abbatia de heli terras habet , salutem : praecipio abbatia de heli habeat omnes consuetudines suas , &c. has inquam habeat sicut habuit die qua rex edwardus fuit vivus & mortuus , & sicut meâ jussione dirationatae sunt apud keneteford per plures scyras ante meos barones , viz. gaulfridum constansiensem episcopum , & balwinum abbatem , & petrum de valonnus , & picotum vicecomitem , & tehehen de heliom , & hugonem de hosden , & gocelinum de norwicum , & plures alios teste rogero bigot . willielmus rex anglorum lanfranco archiep. & rogero comiti moritonio & gauffrido constantiensi episcopo , salutem . mando vobis & praecipio ut iterum faciatis congregari omnes scyras quae interfuerunt placito habito de terris ecclesiae de hely antequam mea conjux in normaniam novissimè veniret . cum quibus etiam sint de baronibus meis qui competenter adesse poterunt , & praedicto placito interfuerunt et qui terras ejusdem ecclesiae tenent . quibus in unum congregatis eligantur plures de illis anglis qui sciunt quomodo terrae jacebant praefatae ecclesiae die qua rex edwardus obiit , et quod inde dixerint ibidem jurando testentur . quo facto restituantur ecclesiae terrae quae in dominico suo erant die obitûs edwardi , exceptis his quas homines clamabunt me sibi dedisse ; illas vero literis signate quae sint et qui eas tenent . qui autem tenent theinlandes quae proculdubio debent teneri de ecclesiâ , faciant concordiam cum abb. quam meliorem poterint et si noluerint terrae remaneant ad ecclesiam . hoc quoque de tenentibus socam et sacam fiat . denique praecipio ut illi homines faciant pontem de heli qui meo praecepto et dispositione hucusque illum soliti sunt facere . willielmus rex anglorum goffrido episcopo et rodberto et comiti moritonio , salutem . facite simul venire omnes illos qui terras tenent de dominico victu ecclesiae de heli , et volo ut ecclesia eas habeat sicut habuit die qua edwardus rex fuit vivus et mortuus , et si aliquis dixerit quod inde de meo dono aliquid habeat mandate in magnitudinem terrae et quomodo eam reclamat , et ego secundum quod audiero aut ei inde escambitionem reddam aut aliud faciam ; facite etiam ut abbas symeon habeat omnes confuetudines quae ad abbatiam de heli pertinent , sicut eas habebat antecessor ejus tempore regis edwardi , preterea facite ut abbas seisitus sit de illis theinlandis quae ad abbatiam pertinebant die quo rex edwardus fuit mortuus , si illi qui eas habent secum concordare noluerint , et ad istud placitum summonete willielmum de guaregnna , et richardum filium gisleberti , et hugonem de monteforti , et goffridum de manna villâ , et radulfum de belfo , et herveum bituricensem , et hardewinum , de escalers et alios quos abbas vobis nominabit . upon these writs many useful things might be observed , but i will confine my self as nigh as i can to my purpose . from them as interpreted by equal authority of history it appears , that wil. the first us'd to commissionate several of his barons . i will not oppose their being his great tenants in chief , these were to preside in the tryals of matters within ordinary justice , which were to be try'd in the several counties where the question arose , sometimes in one county , sometimes in several together as the men of the several counties , that is , the several counties were united . sometimes these great men , sometimes the sheriffs were to summon the parties , and to take care that an inquest of the county or counties concern'd be impannell'd , in the counties , that is , by the choice of the freeholders . the kings commissioners were to pronounce the judgment in the kings name or stead : so the bishop of constance did right to lanfranc , 't was judicio baronum regis qui placitum tenuerunt , and yet ex communi omnium astipulatione & judicio , the inquest upon their oaths found the matter of fact , the judges stated it to the people , and delivered their judgment ; to which the primores & probi homines assented , for 't was ex communi omnium astipulatione ; this agrees with what bracton says of the laws pass'd in the great council of the nation . de concilio & consensu magnatum & reipublicae communi sponsione . but it may be objected that the kings writ is to the great men to do justice , to which the books give an answer that the kings writ does not change the nature or jurisdiction of a court , and therefore though a writ of right or a justities be directed to the sheriff , yet the suitors in the county court are judges . and what their jurisdiction was in the time of wil. the first , is to be gathered from what continued to the freeholders or suitors of the county court of chester even till the time of edward the first . upon a writ of error to remove a judgment out of the county palatine of chester into the king's bench in a plea of land ; the chief justice of chester certifies that the judicatores et sectatores the suitors at the county court , clamant habere talem libertatem quod in tali casu debent omnes barones & eorum seneschal . ac judicatores ejusdem comitatus summoniri audituri hujusmodi processum & recordum & illa antiquam sigilla sua apponant ; si fuerit infra tertium comitatum per seipsos emendare . et hujusmodi libertates a tempore quo non exstat memoria usi sunt et gavisi . and the chief justice farther certifies , quòd fecit summoniri omnes barones et judicatores , accordingly . the parties assembled at the council of pinnedene , were the primores et probi viri of the counties concern'd , which answer to the proceres et fideles regni , in the union of all the counties in parliament , as in the of henry . which in another record of the same parliament are branch'd out into hanz hommes e prodes hommes , there are the primores et probi viri , e du commun de nostre realme : that is , as the statute of the staple has it , the prelates , dukes , earles , barons , the great men of the counties , grands des county's as the french , and the commons of the cities and borroughs . the testimony of eadmerus concerning the parties to the judgment at pinnedene confirms me in my opinion , that the summons to a great council as i take it in this kings reign , mentioned by simon of durham and florentius wygorniensis , which was to all the bishops , abbots , earles , barons , sheriffs , with their knights , was not to them and those only who held of them by knights service , for more than such were judges even for matters of ordinary justice within the counties , but that it was to them and the sheriffs , knights , the freeholders of the countys who were by st. edwards laws oblig'd to find arms , and became knights milites as soon as by publick authority they took arms ; the antient form of manumission proves this sufficiently . siquis velit servum suum liberum facere tradet eum vicecomiti per manum dextram in pleno comitatu , et quietum illum clamare debet a jugo servitutis suae per manumissionem , et ostendat ei liberas portas et vivias et tradat illi libera arma , viz. lanceam et gladium et deinde liber homo efficitur . thus he becomes a freeman and the sheriffs knights at the same time . that all freeholders had the appellation of milites , is evident by many records , and even a statute , that for the choice of coroners which was but declaratory of the common law , as appears by several records , before that time ; i will instance in one . because one that had been chosen coroner , was neither a knight or freeman , as that interprets it self , nor yet discreet , therefore a new choice is directed , miles non est , et in servitio alieno , et juvenis et insufficiens et minus discretus . here in servitio alieno , a servant , is put in contradistinction to miles , that is , to a freeholder , or liber tenens . et here , has the like import with sed , unless a man might have been a knight , and yet no freeman . the freeholders of the county of cornwall fine to the king for leave to chuse their sheriff , 't is said in the record . milites de com. cornubiae finem fecerunt rot. fin . º h. . pars a. m , . and these which are here called by the general denomination of knights , are in another record of the same specified under these names . episcopus , comites , bar. milites libere tenentes , et omnes alii de com. so that all the people of the county , that is , they which were part of the county court were comprehended under the word milites . in another record , the milites et probi homines , that is , honest freeholders are used as the same . in pleno com. tuo dicas militibus probis hominibus ballivae tuae . &c. the milites or probi homines were under the sheriff , an officer of their own choice , as was the law and custom of this king's time to be sure and long after : the office of the heretochius , who had been the ductor militiae , had been discontinued no body knows how long , and 't is spoke of only as an office that had been . but the sheriff , being of the freeholders choice , not the kings , having no certain salary , nor fee upon any account taken notice of in the eye of the law ; but depending upon what the king should give out of the two thirds of the profits of the county , ( the tertium denarium , the third part , the earl o● count had ) who will imagine that the sheriffs as sheriffs , had any feud rais'd upon them by the king , that is , were to attend at his courts or in his wars , with their feudall knights the posse commitatus which was assisting to them , being of quite another nature ? indeed i find one fulcherus , homo vicecomitis , that is , tenant by knights service , to which homage was incident , and in that sense miles vicecomitis ; in another part , tenet rogerus de picoto vicecomite de foedo regis hanc terram tenuit gold. sub abbate eli potuit dare absque ejus licentiâ sine sacâ . this had been freehold within the abbots precinct , alienable without licence , subject to no suit of court , and was granted to picot then sheriff of the county to hold of the kings feud , that is , by knights service . yet he did not hold this as vicecomes , but as baro , so 't was if any man had the county in fee : but the king summoned the barones , & vicecomites , that is , the vicecomites without consideration of their capacity as barons , and their knights ; 't was long after this , that the word vicecomes was any thing more than tbe name of the office here spoken of ; an honorary viscount was not then known , such indeed might at their creation have had feuds rais'd upon the lands granted along with their honours . there is this farther proof , that this was more than a council of the kings tenants and officers or ordinary court ; in that the summons was immediately after the curia , and that to a place sufficiently capacious , salisbury plain . et in hebdomada pentecostes suum filium henricum apud west . ubi curiam suam tenuit armis militaribus honoravit ; here was the proper work of the curia , the king gave arms in his court to the great men , and immediate tenants , the common freeholders received them in the county court , either at coming to age , or upon becoming free by manumission ; which 't is not probable that a man would desire , unless he had a freehold to live upon , or that thereby those lands which were held in villenage became free . but though one were born free , yet i take it he was to recieve a formal military honour , have arms deliver'd to him when he came to age , and in the time of hen. . 't is us'd as a sign that one was not of age when he seal'd a deed , and consequently 't was not effectual because militari baltheo nondum cinctus erat . we find that when a freeman died , his heir under age ; some body was to have the custody of the arms. siquis arma haec habens obierit remaneat haeredi suo , et si haeres de tali statu non sit quod armis uti possit , si opus fuerit ille qui eum habuerit in custodia habeat similiter custodiam armorum , &c. and when he came of age , tunc ea habeat , this was in hen. . time , and then the publick delivery of arms to all freemen might have been disus'd , but antiently as mr. selden observes , the taking arms by young men from publick authority was a kind of knight-hood . but soon after will. the first had at his court knighted his son henry , he call'd this great assembly of barones , & vicecomites cum suis militibus , his curia was held at whitsontide ; nec multo post mandavit ut arch. ep abb. com. bar. vicecomites cum suis militibus die kal. aug. sibi occurrerent saresberiae , quocum venissent milites illorum sibi fidelitatem contra omnes homines jur are coegit . here i take it milites illorum refers to the knights of the sheriffs , that is , the freeholders , this was adunatio conciliorum , a joyning together of the several councils of the counties , where the swearing allegiance to the king was one of their principal works ; the kings tenants had done it of course in the curia , but methinks 't is a strange thing that it should be us'd for an argument , that this was not a great council of the kingdom , because they were evocati● ad fidei vinculum . for satisfaction i will offer a record of the same work done in parliament in the time of henry . celebrato nuper concilio apud bristol ubi convenerunt universi ang. praelati tam ep. ab. quam primores et multi tam comites quam barones qui etiam univerfaliten fidelitatem nobis publicè facientes , concessis eis libertatibus & liberis consuetudinibus ab eis prius postulatis & ipsis approbatis . &c. here the king yields them those liberties and free-customs , which they desired , and they swear allegiance to him , here was the fidei vinculum . but perhaps they will say that this of w. the first was no common council or parliament , because it appears not that any laws pass'd or that they were summon'd to that end . for the first i think no man will say that the assembly is less parliamentary because nothing is agreed upon in it . indeed we find that where a parliament was dissolv'd without any act pass'd , 't is said by judge cook not to be a parliament , but the inception of a parliament , that is , no session : but whoever will consult the summons to parliament in the time of ed. . & . may satisfie himself that there were many parliaments call'd , at which there were no laws pass'd , but meerly advice given , and yet at the end thereof , the knights , citizens and burgesses had their writs of expenses , wherein the kings declared that they had been called to parliament , nobiscum de diversis negotiis nos & populum regni specialiter tangentibus tractatur . for the last , 't is no matter whether the cause of summons were express'd , 't is enough if it were de quibusdam arduis , or however else was the use of that time . besides 't is certain many laws have pass'd in publick councils antiently of which we have no intimation from those historians which mention such councils . wherever i find any publick act of recognizing a kings title of justice , or of elections of persons to any office , i shall not scruple to call such an assembly a council , and if it it be general , a great or common council of the kingdom . and lanfranc i conceive was in this kings reign chose to be metropolitan of all england in such a council ; 't was indeed in curiâ regis as gervacius , and the author of antiquitates britannicae shew , but not the ordinary curia , for 't was on our lady-day , which was not the time of such curia , and the clerus and populus angliae more than the kings tenants and officers there confirm'd the choice of the seniores ejusdem ecclesiae , that is , of canterbury . in the fourth of this king the controversie between the archbishop of york , and the bishop of worcester , was determined at petreda before the king , archbishop lanfranc , the bishops , abbots , earles , et primatibus totius angliae , this mr. selden rightly calls a parliament , which is easily to be gathered from the large and comprehensive signification of primates . that general summons the same year to have an account of the laws , looks as if it were to a parliament , to which a representation of twelve for every country was agreed on , but appears not to have been specially directed : be that as it will , there was no need of a full representative , or meeting in an entire body , because it was not to lay any new obligation upon them , but was an enquest of the several counties to present their old laws . but when he seemed inclined to make the customs of some few counties the rule to all the rest , ad preces communitatis anglorum , he left to every county its old customs . in the seventeenth of this king , convocavit rex multitudinem nobilium angliae , the multitude of the nobles of england , says gervace of dover , this was about ecclesiastical affairs , concerning the bringing regular monks into monasteries , and an old monk tells of the charter or law then agreed on . haec charta confirmata est apud westm . in concilio meo , anno regni mei xviii . praesentibus omnibus episcopis et baronibus meis , where barones mei must either be meant with relation to the whole nobility of england , which were all the king's men , though not his feudal , especially immediate tenants , before whom the test of charters used to be , as in henry the third's time , the earls only subscribed at the request of the rest , or it might be only his tenants in chief , subscribing as was usual . in the eighteenth the king impeaches his brother odo for his extortion , this was at the isle of wight ; in insulâ vectâ ei obviavit , ibi in mirum congregatis in aulâ regali primoribus regni : this was matter of ordinary justice , and though primores regni are named ; yet it might have been only such of them as attended on his wars , or in his court ; and 't is not probable that being abroad , all the primores angliae were summoned to this . in the nineteenth of his reign , i take it that he held barely his curia at glocester , for 't was a military council , except that his judges , great officers , and constant attendants were part of it . partem exercitus sui remisit , partem secum per totam hyemem retinuit et in nativitate domini glavorniae curiam suā tenuit , & at this court i find only some ecclesiastical preferments disposed of to three of his chaplains , which required no solemn consult ; but his laws passed per commune concilium totius regni , semel atque iterum ait se concessisse , &c. per commune concilium totius regni , and his leges episcopales , ecclesiastical laws were established , de communi consilio arch. episc . abb. et omnium procerum regni sui . for william the second , whereas a great antiquary will not say whether there were any solemn convention of the nature of a common or general council in his time , 't is manifest there was and we may find the marks of distinction between his ordinary curia & great council or parliament . he was crowned convocatis terrae magnatibus , says bromton , volentibus animis provincialium malms . that is , the whole kingdom agreeing or the major part ; indeed it seems the normans were for duke robert , but the english were not so wasted , as some imagine , but that they carried it , angli tamen fideliter ei juvabant , as simeon of durham shews , and hoveden out of him . in the second year of his reign he held a curia on christmass at london , but 't was more than a curia de more , for there were justiciarii ac principes totius angliae . in the third , turmas optimatum accivit & guentoniae congregavit , he called together the troops or army of nobles , barones aloquitur , inveighs against his brother robert , and perswades them to a war , & ut consilium inirent quid sit agendum jussit , bids them consider or advise what was to be done . his dictis omnes assenssum dederunt , all consented to a war. the king being very ill , omnes totius regni principes coeunt , episcopi , abbates , & quique nobiles , promittuntur omni populo bonae & sanctae leges ; here the princes and nobles reach to omnis populus . here anselm is named archbishop by the king , & concordi voce sequitur acclamatio omnium , the noyce and publick acclamation witnesses the peoples consent , and this is said to be secundum totius regni electionem , or as another author . rex anglorum consilio & rogatu principum suorum , cleri quoque & populi petition● et electione . the king being upon leaving england , to settle his affairs in normandy , ex praecepto regis omnes ferè episc . unà cum principibus angl. ad hastings convenerunt . here anselm pressed that there might be generale concilium episcoporum , but went from the curia , the great council , dissatisfied . anselm had propounded a question to be discussed in council . utrum salvâ reverentiâ et obedientiâ sedis apostolicae possit fidem terreno regi servare annon ? ex regiâ sanctione fermè totius regni nobilitas quinto id. martii pro ventilatione istius causae in unum apud rochingham coit . fit itaque conventus omnium , this is called curia , but could not be the court of tenants and officers only . anselm harangues the assembly in medio procerum et conglobatae multitudinis sedens . the other bishops are the mouth of the assembly , and the bishop of durham the prolocutor ; they tell him they will have him obey his prince , upon this he appeals to rome , miles unus , a good honest freeholder steps out of the throng , de multitudine prodiens , and with great devotion sets before his holy father the example of job's patience , upon this the prelate hugged himself in the opinion that the populus , the populacy were for him , though the princes , the heads of the assembly were against him . this controversie is adjourned to the curia , on whitsontide , which still was no ordinary one : anselm was celebrating a curia by himself , when he should have attended at the king 's , according to the adjournment , but it seems he expected special summons , which he has accordingly by word of mouth , no formal writ , but messenger . the king tenuit curiam suam in ipsâ festivitate apud windlesoram , and there were proceres , et coadunata multitudo , a very solemn convention . the authority cited by sir hen. spelman says , that the clergy was not at the council at roch. in quo fermè totius regni nobilitas praeter episcopos & clerum convenitur ; so that it would seem a president for that parliament , in the time of edward the first , taken notice of by bishop jewel , of which he says our publick monuments , that is , records have it . ha●ito rex cum suis baronibus parliamento et clero ( id est ) arch. et ep. excluso statutum est . there it seems the lords and commons , who undoubtedly came at that time , without relation to tenure , are barones sui : but whether the council at roch. had the clergy present or no , the bishops and barons tell anselm at another great council , how much soever he thought the assembly on his side , that placitum habitum est contra se , his pretences were over ruled , totius regni adunatione . yet notwithstanding their sense then delivered , they gave a farther day till whitsontide ; so that in effect 't was judgment nisi , then indeed anselm with a side wind got an advantage of the king , he cunningly waves the question , whether he might swear obedience to the king , and puts it only whether the pall were to be received from the pope , or the king , and carried that point , that it belonged to the singular authority of saint peter . this was a general council on the feast day , adquievit multitudo omnis , unde cum omnes silentio pressi conticuissent , statutum est . it seems till the multitude rested satisfied , the law could not pass . but two years after on whitsontide was held no more than the ordinary curia — cum igitur in pentecoste festivitatis gratiâ regiae curiae se presentasset : peractis igitur festivioribus diebus diversorum negotiorum causae in medium duci ex more coeperunt — that 't was usual when the height of the feasting was over , to go to the tryals of causes , or matters of ordinary judicature . in august following is held a great council , the king being , de statu regni acturus . then he sends out a general summons . in sequenti autem mense augusto cum de statu regni acturus rex , episcopos , abbates & quosque regni proceres in unum praecepti sui sanctione egisset , & dispositis his quae adunationis illius causae fuerant ; &c. anselm asks leave to go to rome , but is denied it . in october following there was a general council at winchester . wintoniae ad regem ex condicto venimus , eadmerus was there himself . the first day the tumult from the vast multitude was so great , that they could do nothing , and therefore broke up the court , and adjourned to the next day . orta est igitur ex his quaedam magna tempestas diversis diversae parti acclamantibus ; the sense of the assembly was , that anselm should observe the king's laws ; upon which he departs the realm in a pett . 't was pity eadmerus went with him , so that we loose the account of what passed in his absence . i think however we have enough to prove that there were then no less , nay greater assemblies , than what now compose our parliaments , nay the very word parliament was not unknown in that time . parliamentum dixêre croylandenses caenobitae sub tempore willielmi secundi . for farther proof 't is observable , that this king stood upon it , that malcolm king of scots , secundum judicium tantum baronum suorum in curiâ suâ rectitudinem ei faceret . that is was to do him right , or answer his demands , according to the judgment of his curia , or ordinary court of justice ; malcolm pleads that 't was to be in the confines of both kingdoms . secundum judicium primorum utriusque regni , that is , according to the judgment of a great or general council of both kingdoms united , and who were the primores that constituted the great council of scotland , even till the . of james the first , is evident by his act of alteration , or recommendation of a change , which has it , that the small barrons , and fee-tenants ( or freeholders ) need not to come to parliaments , nor general councils , without election , which shews that till then they did : and how they came here in this king's time , i leave any body to think as they please , sure i am here were more than tenants in chief . there was one council in his reign , which had no addition to it , the author says only celebravit concilium , and this , i take it , was no more than an ordinary curia , especially it being octabis epiphaniae ; and there was a legal tryal by duel , and by judgment of the court , the party conquered had his eyes pull'd out , and his stones cut off . that besides the great council , this king above mentioned , held the ordinary curia , sive de more , we have clear authority . cum gloriosè & patrio honore curiam tenuisset ad natale apud glocester , ad pascha apud winchester , ad pentecosten apud londoniam . by the foregoing instances , we may see , notwithstanding virgil's suppressing , as much as in him lay , the mss. which might take from the authority of his history , how many rise up in judgment against his assertion in the time of king h. . illud oppositè habeo dicere , reges ante haec tempora non consuevisse populi conventum consultandi causâ , nisi perrarò facere , adeò ut ab henrico id institutum jure manâsse dici possit — and it seems the great mr. lambert ( who possibly was the first that after the ages , in which the word baronagium was used and known to express the full great council or parliament received its true notion , viz. that both the nobility and commonalty of the realm were meant under these words , the barons of the realm ) this great man it seems , had not met with those mss. which since have offered their light to the world ; otherwise he would not have subscribed to the foregoing opinion of polydore virgil , however polydore himself , as far as his authority goeth , gives us to believe the frequency of such solemn councils , from this king's time downwards . this prince was so pleased with his people , and they so much at ease under his gentle reign , there was that mutual confidence in each other , that 't is a question whether he ever held a solitary curia of tenants and officers , only we find , tota nobilitas cum populi numerositate , cuncti majores adunati , and regnum angliae . all at several times at the curia de more . at other times we have commune concilium gentis anglorum , clerus & populus congregatus , the same called commune concilium baronum regni angliae . regni nobilitas sua sanctione adunatâ , concilium magnum — magnum placitum apud northamtune congregatis , omnibus principibus angliae , that is , baronibus , that is , clero & populo — though 't were a pleasure to dwell upon this king's reign , yet it is needless to insist upon further proof , that his councils consisted of more than tenants in capite and great officers . king stephen was elected king , a primoribus regni cum favore cleri & populi , clericorum & laicorum universitate , ab omnibus . viz. tam presul . quam com. & baron . stephanus his et aliis modis in regno angliae confirmatus , episcopos et proceres sui regni regali edicto in unum convenire praecipit , cum quibus hoc generale conciliam celebravit . this to be sure was more than the ordinary curia : the eighth of july two years after a council was held at oxford , which broke not up till september following , this was conventus magnatum , was not on the ordinary court day , yet perhaps was not a great general council : it was only for matter of ordinary justice ; some of the laity had complain'd of two potent bishops that fortified their castles , as if they intended to rule over them by the temporal , as well as spiritual sword , and had made a catholick interpretation of st. peter's , ecce duo gladii . it seems the bishops plea was , that this was no ecclesiastical synod , that is , in the true sense , not assembled for ecclesiastical , but for civil matters ; but in their sense , that they would be tryed by the canons , and canonical persons ; the debate is put off to be determined , in a general council appointed to be at winchester . here the clergy set up for themselves , & having the popes legat , thought themselves a body sufficiently entire , without that other part of the clerus , gods inheritance , which used to make up eventhese assemblies ; with much ado , they first let in the nobility proprietors of land , omnes barones in eorum communionem jamdudum recepti . they had not sate four days but the londoners-citizens demanded to be admitted amongst them as citizens or traders , they were no part of the nobility , 't was a disparagement for the son of a noble man a freeholder to be married to a trader . and this our constitution agreed with that of poland , where mercator and nobilis were alway contradistinct , and there is a remarkable clause in one of their statutes . nobiles appellandos censemus , qui licèt matre populari , patre tamen nobili sunt procreati , quorum tamen parentes & ipsimet vivant & vixerint ad instar aliorum nobilium in regno ut supra ; & non exercuerint vel exerceant eas artes & actiones quas communiter cives & qui in civitatibus morantur exercere solent ; per contrarium enim usum nobilitas ipsa in popularem , & plebeiam conditionem transire solet , and with them the inhabitants of cities which were sicut proceres sent deputies , whereas the possessionati the nobles came to the great councils in person . there came to the council above-named a representative in the name of the whole city of london . feriâ quartâ venerunt londinenses , & in concilium introducti causam suam eatenus egerunt , ut dicerent missos se a communione quam vocant londiniarum , but the clergy carried it with an high hand , and told them , that it became not them who were principal men in the kingdom and sicut proceres , as it were nobles , to favour them who forsook their lord , which i think was meant of the pope , and his clergy : to be sure they excommunicated the king , and those that held with him , for medling in their matters : but they had much ado to quiet the city of london for the haughty answer they gave them . they that were at this assembly came not as the king's tenants , or because of any office in his court. notwithstanding all the canonical thunder , at a great council possibly of lay-men only , habito post modum concilio coram primoribus angliae , statutum est ut omnia per angliam , oppida , castella , munitiones quaequae , in quibus secularia solent exerceri negotia regis & baronum suorum juri cedant . whereby all the strong holds which clergy-men had were subjected to the dominion of the laity , whether only the king's barons , barones curiae suae were to be judges in the disposal is needless to determine . but statutum est coram primoribus angliae , this was made a law by all the baronage of england . we have several other councils in this king's reign . in the seventh of his reign , there is an act of recognizing matilda the empress her title to the crown by all but the men of kent , and 't is not improbable that they looking upon themselves as a freer people than the rest , thought it was not fit for them to own any title but meer election . maltida imperatrix ab omni gente anglorum suscipitur in dom. exceptis kentensibus . in the ninth the proceres are summoned per edictum regium to st. albans . the same year is a great council at northampton called parliamentum . in the seventeenth , generale concilium convocavit at london , to which were called the bishops and all the proceres . in the ninteenth and last of his reign , all the principes met at oxford ad octavis epiphaniae , and soon after the colloquium at oxford they met at dunstaple . and he held another great council the same year at london on michaelmas tam pro negotio regni quam provisione eccles . ebor. cum episcopis & optimatibus terrae , this was both for ecclesiastical & civil matters . the council of clarendon with that part of its constitutions which hath been much controverted of late , will detain me and the reader too long to examine the several instances of great councils or of ordinary courts in this king's reign . by the examination of this possibly i may give some additional light to what i have already represented . the end of this convention was , to vindicate the crown and kingdom of england from the usurpations of the clergy , who insisted upon exemptions , and an uncontroulable license to do ill upon pretence of the sacredness of their persons . whereas the king would allow them no other priviledges , or exemptions , than what his laws had given them . this council was compos'd of more than tenants in chief , 't is call'd a great , and full parliament ; generale concilium ; the parties present are under divers denominations , all coming to the same : rex , arch. ep. ab. pr. com. bar. & proceres regni , as m. paris , rex & magnates regni , mat. west . anglicani regni praesules & proceres , gervasius ; episcopi , & proceres , radulphus de diceto . praelati , proceres & populus regni , as another , clerus & populus regni , hoveden . the whole kingdom as dr. stillingfleet shews us out of the quadripartite history . the body of the realm as sr. roger twisden terms it ; yet i conceive that the clause so much tost to and fro , without any right settlement , referrs to the ordinary curia regis , to which the kings tenants were bound by their tenure to come ; and where ordinary justice or jurisdiction in all , or most causes was exercised , and this gives some account why the bishops who have been from the normans acquisition downwards tenants in chief , because of their temporalties , and during vacancies the guardians of those temporalties , upon that very account have been particularly summon'd , why i say they should be allowed to vote in a legislative capacity which they have as proprietors , though no tenants of the king , when they proceed by way of bill of attainder , and yet tenure only qualifying them for judges in parliament ( as before in the kings ordinary curia , interesse judiciis curiae , or at least they succeeding to the jurisdiction of the tenants in the curia ) according to the constitution of clarend . that jurisdiction which they have as tenants , or as succedaneous to such , extends not to matters of blood . it will not be proved , that the coming to the great council , where the extraordinary power , justice , or legislature was exercis'd , was meerly because of tenure , and that no body had right to be of the great council but they that held in capite , or were members of the ordinary curia ; indeed when that was taken away , or disus'd , they that before were to do suit and service at the curia , were to perform it at the great court , the parliament ; for there was no other court where they could , and therefore in the th of ed. . the inhabitants of st. albans plead that they held in capite . and as other burroughs were to come to parliament pro omni servitio . but that the coming to the judgements of the ordinary curia was meerly because of tenure appears from the words of the constitution : arch. ep. &c. & universi personae regni qui de rege tenent in capite , habent possessiones suas de domino rege sicut baroniam , &c. & sicut barones caeteri debent interesse judiciis curiae regis cum baronibus , &c. that is , except as is there excepted , these ecclesiastical tenants or barons were to be present , or interested in the judgements together with the kings justices and officers , as the other barons , that is lay-tenants in capite . it seems both ecclesiasticks and lay-tenants in capite held per baroniam , yet i think caeteri barones ought to be confin'd to them that held of the king in chief by knights service , for many held in feodo firmâ by the payment of a certain rent , or petty serjeanty , the payment of a gilt spur or the like , pro omni servitio , of which the records are full , who were not ordinarily to give their attendance at the curia . but tenure per baroniam , was i take it in those times no more than tenure by knights service in capite . this perhaps i could prove by many records . i shall instance in one to the honour of a noble peer of this realm , now earl late baron of berkley , as his ancestors have been ever since the time of hen. . one of his ancestors had the grant of the mannor of berkley harness from hen. . tenendum in feodo & haereditate sibi & haeredibus suis per servitium quinque militum . an office is found in edw. the third's time upon the death of maurice berkley , and there 't is that he held per baroniam faciendo inde servitium trium militum pro omni servitio . two knights fees having been alien'd ; inde , upon the account of the barony , or rather the land , was the knights service , and the knights service made the barony , as appears , there being no particular words creating any honourable tenure , but what resulted from serving the king with men upon his own charges : the number i take it made nothing towards the nature of the tenure . these tenants by knights service , the kings barons , were obliged to be at the kings courts de more ; if at the great court when he should call them , the chief ground was upon their ordinary attendance amongst the rest of the tenants . that what relates to the curia regis within the const . of clarendon was meant of the ordinary justice of the kings court , and consequently the ordinary court , old _____ of glocester is express . yuf a man of holi-church hath ein lay fee , parson , otherwhat he be , he shall do therevore king's service , that there valth , that is right ne be vorlore . in plaiding , and in assize be ; and in judgement also . but this farther appears by the summons to , and proceedings at northampton the very next year . this hoveden calls curia regis , and mr. selden informs us out of an antient author , that the summons thither was only to the members of the ordinary curia , omnes qui de rege tenebant in capite , mandari fecit : upon the bishops withdrawing from the judging of becket , ( the ground of which i shall soon examin . ) quidam vicecomites & barones secundae dignitatis were added , 't was quidam vicecomites some sheriffs , it could not be all because several were majores barones , having the countys in fee , but this restraint seems not to reach to the barones secundae dignitatis ; suppose that it does , and so comes only to the uppermost of them , the vavasores perhaps , that is inferior or mesne lords holding mannors of others , not the king ; still here were more than tenants in chief , and to be sure , these being said to be added , were more than the members of the ordinary curia , and this court to which they were added was only the ordinary court of justice . if we can shew when this ordinary court of justice determin'd , and who succeeded into the places of the ordinary members of it , we may go farther to clear the matter in question than perhaps has yet been done . if the lords the great men , succeeded the court of tenants , and were let into that jurisdiction which they exercised , and there is no colour of proof that clergy-men in the curia regis ever voted in capital causes , but if on the other side , ( the prohibitions running against judicia sanguinis , and the constitution of clarendon referring to the curia regis , where the ordinary judicia sanguinis were agitated and pronounced ) justly , they took themselves to be excluded the curia , quando de illis materiis agitur ; it will i think be evident that the bishops , as a part of the house of lords , answering to the court of the kings tenants , never had any right to vote in capital cases . but it lyes upon me here to shew when and how the curia regis went off . i have before observed that the duty of tenants was either to attend the king in his wars , in his administration of ordinary justice , or as a council to give him aid in lieu of , or by way of advance upon their personal services in the wars . as they attended in the wars they could not be a court or council , and so no curia regis . as a court of justice , their attendance was superseded by magna charta , , or of hen. . communia placita non sequantur curiam nostram sed teneantur in aliquo loco certo . hereby the administration of justice was taken from the ordinary curia , and fix'd at the courts in westminster-hall . yet after this they continued a court , or council for aids till the th of edw. the first , and by that they were wholly gone as a separate court , or council ; being from that time no tax nor aid could be raised without full consent of the great council , or parliament . when this court was gone , as before i observed , we find tenants in chief pleading that their coming to the great court or parliament was pro omni servitio , which shews manifestly , that the great court not only took in the less , as it did in the nature of the thing , being that and more ; but that it preserved the image of it ; and indeed what was a duty in them that came to , or were members of the ordinary curia , turn'd to a priviledge or right in them who succeeded to the dignity , though not the services of tenants . as the tenants were obliged by their tenure interesse judiciis curiae regis , they that succeeded to their dignity had right to be judges in parliament . and whereas the curia regis , as a court of justice was taken away or defeated in the time of hen. . we find by britton , suppos'd to have wrote in the fifth of his immediate successor , that the barons were judges in parliament , as the tenants and officers had been in the curia regis . et en case ou nous somes partie volons que nostre court soit judge sicome counts & barons en temps de parliament . now let us return to the constitution of clarendon . the tenants whose duty it exacts ( the lay tenants disputed not ) were tenants by barony ; that is , by knights service of the person , or crown of the king , and except as there is excepted , were of duty to be present at all tryals or judgements , or to exercise jurisdiction in all causes : but judicium vitae vel membrorum they were not to meddle with ; when they came in judicio , in jurisdiction , or the tryal of causes , ad judicium vitae vel membrorum , that is to such a cause , or the exercise of such a jurisdiction , or such a tryal , they were to withdraw ; and this is the plain sense of judicium vitae vel membrorum , given us by that great judge learned both in the common and civil laws , bracton , who wrote in the reign of hen. . grandson to this king , who enforc'd the leges avitas , in this particular , and others contain'd in the constitution of clarendon . this great lawyer , having enumerated several priviledges , or jurisdictions , granted from kings of england to their subjects , amongst other things has these words . item si cui concedatur talis libertas quod habeat soke , & sake , toll , & them , infangthef ; & utfangthef , judicium vitae & membrorum , & furcas , & alia quae pertinent ad executionem judicii , &c. here this judicium vitae & membrorum must be meant of the whole tryal , or jurisdiction , otherwise it is supposed , that he tells us , the king granted those men liberty to pronounce , or depute those that should pronounce , the final judgment , who yet neither by themselves , nor deputies , had any thing to do with the praeliminaries , the questions arising between , and leading to the justice of the judgement , which is an absurd supposal . the having judicium , or power in judicio , does not , as i conceive , any way suppose a tryal already begun , and the bishops present so far in it ; but when it comes to the point of mutilation or death , then they have leave to withdraw ; that is , they are a court , or of the court , for such a cause , and yet they are not a court for such a cause ; for the cognizance of causes takes in the judicium , the tryal , in the agitation , agitare judicium , and in the final or solemn pronouncing of the judgement . it is indeed possible , though not rational , that the law should give the jurisdiction over part of a cause , and not the whole , yet 't is not to be imagined that such was the meaning of the law-makers , especially , when we find the words of the law , according to the sense put upon those words , by the most learn'd , in the age nighest to them that transmit the law to us , are not to be brought to such a dividing sense without a great deal of force : and to this the several other copies of this constitution give weight . but we are told that the sense is best understood by the practice of that age . if the sense be plain , a contrary practice is not to determine the sense another way , as , as great an author , the learned doctor stillingfleet , proves at large in his answer to mr. cressy's epistle apologetical , where he shews the number of statutes made against provisors , in express terms : and yet when the king of england comes to settle the points in difference , between him and pope martin the . there is no manner of regard had to the statutes of provisors , although so often repeated ; nor did common practice agree with the positive and plain law . but the testimony of petrus blesensis brought to prove the practice in the time of hen. . i could set aside with better colour , than the author of the grand question does the true sense of judicium and in judicio . for petrus blesensis joins together the principes sacerdotum and seniores populi , the last of which , in common acceptation , relates to the laity ; and for their withdrawing just at the final judgement , surely there could be no pretence from the practice of that age . but let 's take his authority , and make the best of it . principes sacerdotum & seniores populi licet non dictent judicia sanguinis , eadem tamen tractant disputando & disceptando de illis : ideo seque immunes à culpâ reputant , quod mortis aut truncationis membrorum judicium decernentes , à pronunciatione duntaxat , & executione poenalis sententiaese absentent . here he expressly confirms the sense , which i shall enforce , and makes the votings in the preliminaries , mortis aut truncationis membrorum judicium decernere . some clergy-men it seems did thus decernere judicium sanguinis , and he blames them for it , but can their practice of any thing against law be an argument that there was no law against such practice ? and besides this being brought to shew the meaning of the constitution of clarendon , which speaks only of the curia regis ; this has no colour of a proof , because they might have handled such matters in their own courts , where the king gave them judicium vitae & membrorum , as bracton has shewn us ; but that they did not in the curia regis , we are to believe , till express authority be brought to shew that they did . one of the editions of blesensis has but quidam , some of them only could dispense with the obligation ; of what nature the obligation was , i shall soon shew , and will usher it in with the judgement of mr. selden , who was best acquainted with the several copies of this constitution , and with those laws which were the ground of it , perhaps of any man since the making the constitution . the meaning of it is , says he , that all bishops , abbots , priors , and the like , that held in chief of the king had their possessions as baronies , and were accordingly to do all services , and to sit in judgement with the rest of the barons in all cases , saving cases of blood . the exceptions of cases of blood proceeded from the canon laws which prohibited clergy-men to assent to such judgements . but we are told , that hen. . in the parliament at northampton declar'd , that bishops were bound by virtue of the constitution of clarendon to be present , and to give their votes in cases of treason . that this was only a curia regis , no parliament , i have shewn . that it should be affirmed that the king then press'd the bishops to give their votes in a capital case , ( as the author supposes every crimen laesae majestatis then to have been ) i wonder , because 't is apparent from the circumstances that the king prest for a final judgement , and therefore could not urge that as the duty of their tenure , when even according to this learned man , the canons prohibited their pronouncing final sentence , and the king at clarendon , out of regard and reverence to the canons of the church , requir'd only that they should act in such causes , till the cause was ripe for sentence , not that they should stay at the sentence : that point he was content to yield them ; and he himself shews us out of fitz-stephen , that the bishops look'd not on the matter as capital , for they did not urge the canons in the case ; but they excus'd themselves upon the account of the arch-bishops prohibition . and the king reply'd , that ( viz. that prohibition ) had no force against the constitution of clarendon , which was in effect to say , you have no manner of pretence , no canon forbidding you to pass judgement upon becket , and therefore according to the constitution of clarendon , you ought interesse judiciis curiae regis at this time . notwithstanding the plain sense of all this , we find a very artificial management of fitz-stephens , and other authorities . . as if becket were accus'd of a capital matter , it being call'd crimen laesae majestatis . . as if the crime he was accus'd of was appealing to rome , and that such appeal was treason by the ancient common law before any statutes made . . i will readily grant that in the language of that age becket was accus'd or impeach'd of crimen laesae majestatis , but that all crimina laesae majestatis were then capital , glanvile , who was chief justice in that kings reign , denies . crimen quod in legibus dicitur crimen laesae majestatis , ut de nece , vel seditione personae domini regis vel regni vel exercitus , occultatio inventi thesauri fraudulosa , placita de pace domini regis infracta , &c. hereby every breach of the kings peace , was crimen laesae majestatis ; every breach of the laws by acts of injustice is a breach of his peace , contra pacem & coronam ; therefore becket having denied justice to john the marshal , and refusing to answer the king who charg'd him in account , especially standing in contempt of the kings court , was guilty of this crime . indeed glanvile when he has named homicide , malicious firings , and other crimes , adds et siquae sunt similia ; quae scilicet crimina ultimo puniuntur supplicio , aut membrorum truncatione . as if no crimes were within this name , but those which drew after them capital punishment , but that is certainly to be meant of such as are not there specified : that is , all such like crimes , provided they are capital in the punishment annext by law , are crimina laesae majestatis , though neither homicide , nor firing , &c. nor any direct and open breach of the peace . 't is evident that he confines not placita de pace infractâ to homicide and those that follow ; for he takes in assaults and batteries de verberibus , de plagis etiam . which he says are tryable by the sheriff in default of mesn lords , unless the indictment be in the kings name . nisi accusator adjiciat , de pace domini regis infractâ . but it appears from fitz-stephen , that becket was not impeach'd for appealing to rome , even upon his second impeachment , but pro ratiocinio cancellariae reddendo ; to which he pleads , that the king remitted him when he was made arch-bishop , that he then was quietus & solutus ab omni regis querelâ . but further , that he was called only to answer in the cause of john the marshal , in which he complained that he had had hard measure , but for the last neque in causâ sum ratiocinii ; neque aliquam habui ad eam citationem : still the king urges the proceres to proceed to judgement against him , he finding them ready to comply with the king , appeals to rome , and strictly enjoyns all his suffragan bishops and others not to meddle in the matter . upon this , redeunt ad regem episcopi & in pace à judicando archiepiscopo excusati à baronibus seorsim sedent , nec minus à comitibus & baronibus suum exigit rex judicium : evocantur quidam vicecomites & barones secundae dignitatis , &c. what is here like the pretence of his being accused in a capital matter , and the kings urging the bishops to judge him notwithstanding a capital accusation ? nay further , admit that he had been impeach'd of appealing to rome ( which 't is evident both from fitz-stephen and gervase that he was not ) i question whether it had been capital then , or whether the lord cook says that such an owning of the popes power was treason , by the ancient common law , before any statutes were made ; which i conceive he do's not : the most which i find in him towards this point , is of a judgement in the th of edw. the first , where 't is resolv'd that a subjects bringing in a bull of excommunication against another subject , and publishing it to the lord treasurer of england , was by the ancient common law of england treason . now this publishing a bull of excommunication , and thereby assuming the exercise of justice without the kings authority , is certainly a much greater offence against the kings crown and dignity , than barely the appeal : however either might have been crimina laesae majestatis , against the crown and royal dignity , and yet not capital , as glanvile shews . but this is further observable that the king himself appeal'd to the pope in this very controversie between him and becket . hâc igitur celebri celebratâ & acceleratâ appellatione misit rex , misit & archiepiscopus nuntios ad dominum papam . and according to grev. the bishops appeal'd to the pope against becket , with the great approbation of the king. wherefore the article in the constitution of clarendon touching appeals , the first declaration that i find of the law in this point , comes not up to beckets appeal . de appellationibus si emerserint ab archidiacono , debent procedere ad episcopum , ab episcopo ad archiepiscopum , et si archiepiscopus defuerit in justitiâ exhibendâ , ad dominum regem est perveniendum postremò , ut praecepto ipsius in curiâ archiepiscopi controversia terminetur ; ita quod non debet ulterius procedere absque assensu domini regis . this is of causes begun in ecclesiastical courts , these were not to go further than the archbishops court , that is , not to the pope without the kings licence ; now admit an appeal had been before the pope with the kings licence , yet it might have been crimen laesae majestatis , to put the popes sentence in execution without new licence had : but where a matter lay not in these inferiour courts , as becket's did not , whether the appealing in such a case had been against the law then , i make a doubt , i am sure it is not prov'd at least , that 't was capital . i know not of any greater penalty than a premunire ever annext to it , till the reformation . but if it were capital from the beginning , 't would not be any thing to the purpose here , because becket was not impeacht for appealing . i cannot but charge this author with a great deal of artifice in this place , and of much labour to reconcile things , as i should think , very disagreeing : he tells us that according to fitz-stephen , becket was accus'd of treason , and the bishops sate together with other barons , and because it did not come to a sentence of death , after a great debate between the other lords and bishops about pronouncing the sentence , the bishop of winchester did it : here he jumbles together , what in another place he rightly divides , he takes it right that there were two causes , the one that of john the marshal , the other that which he would make capital ; in the first , the bishops did certainly sit in judgement , there the bishop of winch. pronounc'd the sentence ; as mr. selden ( who this author confesses has printed the proceedings of this judgement very exactly ) shews out of stephanides : for this our author do's not pretend that becket was accus'd of treason , and yet he says that the bishop of winch. gave sentence , where he was accus'd of treason ; nay , though his own author stephanides is express , that upon the second charge , which contain'd the suppos'd capital matter , the bishops withdrew , & quidam vicecomites & barones secundae dignitatis were taken into the court. thus i think i have shewn that the king did not declare at northampton , that the bishops were bound by virtue of the constitution of clarendon to be present and to give their votes in cases of treason , ( as such were capital ) but rather it not being a capital case upon which the king demanded judgement , that therefore the bishops were by that constitution oblig'd to be there . admitting that this constitution is no law prohibiting clergy-men to vote in capitals , only obliging them to the duty of their tenure ; and leaving them to act in matters of blood , according as they thought themselves bound by the canons : yet i think herein it appears that those canons were received by the temporalty , and so became laws . but not to insist upon this , the question here is , . first , what the canon law prohibited . . what force that prohibition has at this day . . the author of the grand question has i conceive misrepresented the sense of lanfranc's canon concerning this matter , which he has render'd thus : that no bishop or clergy-man should condemn a man to death , or give vote in the sentence of condemnation . here he confines the prohibition to the final judgement only ; and yet says , lanfranc had brought the canon of the eleventh council of toledo into england : so that lanfranc's and that of toledo he yields must speak the same thing ; that of toledo , is this : his à quibus domini sacramenta tractanda sunt , judicium sanguinis agitare non licet ; & ideo magnopere talium excessibus prohibendum est , nequi praesumptionis motibus agitati aut quod morte plectandum est sententiâ propriâ judicari praesumant , aut truncationes quaslibet membrorum quibuslibet personis aut per se inferant aut inferendas praecipiant . his à quibus domini sacramenta tractanda sunt , undeniably reaches to bishops , as well as inferior clergy , and so removes the cavil which many make upon some canons , or laws , mentioning clerk , or clerus only . here 't is laid down for a principle , non debent agitare judicia , they must not to debate upon such judgements , or try such causes , that is as petrus blesensis expresses it , eadem tractare disputando & disceptando de 〈◊〉 . now can we think the wise council of toledo understood sense so little to declare , that clergy-men ought not to debate about , or try such causes , and therefore should prohibit only the final judgement ? nay 't is very clear that they , agreeably to the maxim they receive , forbid them quod morte plectendumest sententiâ propriâ judicare , to judge of , or try the matter , or cause in their own persons ; not but that where the king gave them judicium vitae & membrorum , as we find in linwood , they might delegate authority to others to judge , without breach at least of after canons . but this of toledo i conceive wholly shuts them out from the cause , or tryal of it . and according to this very author , this canon of toledo is to be taken as explanatory of lanfranc's , which is much shorter , and less express ; yet comes to the same , in the signification of the words , as well as in the intention of the council , which received the above-cited canon of toledo . lanfranc's we have in these words , iterum ut nullus episcopus vel abbas , seu quilibet ex clero hominem occidendum , vel membris truncandis judicet , vel judicantibus suae autoritatis favorem accommodet . this speaks of the man guilty of a crime worthy of death , or loss of member , the other of the cause , or matter ; which are tantamount : but by this they were not to judge themselves ; nor sit by , while others judge , or any way contribute to the judgement . but of this the great council at westminster in the year . is the best interpreter . and if the clergy-men neither before the constitution of clarendon , nor by it , were excluded from medling in these causes ; they are by the last in full parliament , the testimony of which is transmitted by us by no less an author than gervase of dover , who liv'd in the very time , and whose credit this learned person supports by following him rather than matthew paris . in hoc concilio , he tells us , ad emendationem anglicanae ecclesiae assensu domini regis & primorum omnium regni haec subscripta promulgata sunt capitula : amongst which the third is this , hiis qui in sacris ordinibus constituti sunt , judicium sanguinis agitare non licet , unde prohibemus ne aut per se membrorum truncationes faciant aut inferendas judicent , &c. this is almost the same in words with that of toledo , and by the concession of the learned author of the gr. question that of toledo was then produced by richard arch-bishop of canterbury : the same we find in hoveden , said in the margent to be ex concilio toletano . judicium sanguinis agitare non licet , surely comes up to the preliminaries , and i cannot understand the coherence of saying to this effect . it is a received maxime that clergy-men ought not so much as to vote in preliminarys , relating to capital cases ; and therefore to give the final judgement is only unlawful by the canon , which declares that to vote , even in preliminarys , is unlawful . in richard the second 's time , the bishops understood not this nice reasoning , and therefore they enter their formal protestation on record . agitur de nonnullis materiis , that is capital causes , in quibus non licet nobis aut alicui eorum juxta sacrorum canonum instituta quomodolibet personaliter interesse . 't was not so much because 't was in parliament , as because matter of blood was in question . and indeed the canons mentioning judicia sanguinis , that is ordinary judgements , such as were agitated in the kings ordinary court of justice , and the constitution of clarendon referring only to that court , it appears that these constitutions were received in parliament in the reign of edw. the first . when the king ty'd up his hands from giving clergy-men power , even so much as by his special commissions , to sit upon the tryals of such causes . we for the utility of our realm and for the more assured conservation of our peace have provided and ordained that justices assigned to take assizes in every county , where they do take as they be appointed assizes , incontinent after the assizes taken in the shires , shall remain both together if they be lay. and if one of them be a clerk , then one of the most discreet knights of the shire being associate to him that is a lay-man , by our writ shall deliver the gaoles of the shires . hereby it appears that if one of the judges were a clergy-man , he was not so much as to sit with the other upon the delivery of the gaol ; that is the tryal of capital causes ; but another lay-man should be commission'd for that purpose . and agreeable to this we find in the records of the tower , that when two have been commissioned as judges for the same circuit , whereof one has been a clergy-man the other lay , the clergy-man has had only common-pleas in his commission , the other both common-pleas and pleas of the crown : nor is it material that some rolls may be found out purporting as if pleas had been held before two whereof one hapned to be a clerk ; for it is to be taken reddendo singula singulis . ( . ) this were enough to settle the d point , viz. of what force such prohibition , as i have shewn , is at this day ; but i take leave to offer farther , what as i conceive may give yet clearer satisfaction ; which is , that the difference of an ecclesiastical synod from a temporal great council , was not taken from the persons present in either , but the matters of which they treated , and the parties which managed there according to the different matters ; if ecclesiastical affairs , 't was a synod , if temporal , it had some other name , as commune concilium regni angliae , or the like to distinguish it by . the great jewel hath long since given authority to this assertion about ecclesiastical synods , which he calls concilia episcopalia : ab episcopis nomen concilia invenisse fateor , eoque dicta fuisse episcopalia : quod episcoporum judicio & prudentiâ omnia constituerentur . sed tune idcirco concilia haec nihil ad principem attinuisse colliges . as the ecclesiastical laws were supposed to lay a more immediate obligation upon the conscience , and were for the most part enforc't by ecclesiastical censures , they were call'd canons or rules , not having that outward coertion and penalties annext which others had , but yet they were no less laws . the statute of henry the th . which provides that no canons , constitutions or ordinance shall be made or put in execution within this realme , by authority of the convocation of the clergy , does not in the least abrogate , or condemn those which were made by the authority of the king , the clergy , and the laity : as i will not say all ecclesiastical constitutions were , from the time of william . to the above-mentioned synod at westminster , it is enough if that alone were so . and then if that be not repugnant to some law since made , i conceive it is still in force , having had full legal sanction . for the clearing this 't will be necessary to shew something of the nature of the ecclesiastical councils according to the modus establisht anciently in engl. i must confess that several historians , when they mention concilium totius angliae , speaking of an ecclesiastical council , add frequently , episcoporum , viz. & abbatum , nec non & multarum religiosi ordinis personarum , or to that effect . but bishop jewel has well interpreted such expressions , and therefore we need not wonder , when we find another say , lanfrancus cant. arch. & totius angliae primas diversa in diversis locis angliae celebravit concilia . though to be sure the king were sometimes jubens & praesens , as at the council at winchester . but it appears even by their own modus tenendi synodos in angliâ primaevis temporibus , which i take it was the same that was agreed on in lanfranc's time , of whom malmsbury sayes , quaesivit à senioribus episcopis qui esset ordo sedendi in concilio antiquo more statutus , &c. by their antient modus , i say , it appears that the laity were to be present in their ecclesiastical councils ; for when it mentions the clergy in order it adds , exinde introducantur laici bonae conversationis , that is probi homines , vel qui electione conjugali interesse meruerint , every lay-man of good conversation , probus homo , or free-holder in his own person , or ex electione conjugali by joint-election of the clergy and laity . it would be superfluous to produce the many authorities , which shew that the laity used to be of council in ecclesiastical affairs , as well as the clergy in temporal , and to give their assent in making canons or laws . i will instance in some very remarkable ones out of many ; one eadmerus recommends with a solemn protestation , en ordinem gestae rei teste conscientiae meae veritate , sicut eam praesens audivi & vidi , in nullam partem declinando descripsi . matilda daughter of malcolm king of scots marryed to henry the first , being reputed a nun , offers her self to be tryed by the ecclesiastical law , offert se judicio totius anglorum ecclesiae probaturam . in another place , obtulit se vel sacramento vel alia quam magis eligerint ecclesiasticâ lege probaturam , &c. at the day appointed there assembled episcopi , abbates , nobiles quique ac religiosi ordinis viri : the case appeared to be that she had taken upon her a nuns habit , but had never been profest ; whereupon anselm having stated her case to the tota regni nobilitas populusque minor , the nobility and commonalty , and in the name of god required them , quatenus siquis aliter de negotio illo sentiret ac sententia tulerat ( unde scilicet ipsam copulam secundum legem christianam fieri non debere posset ostendi ) nihil haesitans salvâ pace omnium coram proferret . here any man there had free leave to offer wherein he thought that marriage void by the christian law , or law of holy church : but cunctis unà clamantibus rem justè definitam , legitimè conjuncti sunt . had not this been to vindicate anselme , who it seems lay under the imputation of marrying the king contrary to the laws of holy church , possibly eadmerus had never given us so full an account ; but he shews very particularly how those great councils acted , that 't was in an intire body ; the assent was , cunctis unà clamantibus . if any thing was offered , or pronounced in a definitive way , which was generally dislik't , fremitu aspernabatur , as we are elsewhere told of such assemblies . if the council was divided , diversis diversae parti acclamantibus , they were forc't to adjourn or break up . thus , as 't was amongst the lacedemonians , what was propounded was determined , clamore non calculis . we have the like account of an ecclesiastical synod in the th of the same king. gulielmus dorobernensis congregavit generale concilium omnium ep. & abb. & quarumcunque religiosarum personarum , cui praesedit ipse . this we see was an episcopal council , and the bishop was president , but then confluxerant quoque illuc magnae multitudines clericorum laicorum tam divitum quam mediocrium , & factus est conventus grandis & inaestimabilis , here was a confluence of the inferiour clergy , and the lay-lords and commons , and the number was beyond account . acta sunt ibi de negotiis saecularibus nonnulla ; being all met together , though upon ecclesiastical affairs chiefly , yet they had colloquium about secular too ; and coming all in their own persons , ( not by way of representation , when they that were chose to come instead of the rest , might receive certain instructions according to the matter propounded for treaty , beyond which they had no power , ) it was not needful that they should know before-hand what they were to treat of , but might fall upon any thing pro re natâ . quaedam quidem determinata , quaedam dilata , quaedam verò propter nimium aestuantis turbae tumultum ab audientiâ judicantium , profligata . it seems they had appointed some judges of the pole , or rather of the noise , and the crowd was so vast , the noise so confused , that of many things they could not make any certain judgement ; some things were determined by a general acclamation , and others were prorogued to a further day . quae autem communi episcoporum consensu in ipso concilio decreta sunt & statuta , sicut illic publicè recitata sunt & suscepta , in hoc opere placuit annotare , &c. here ecclesiastical matters were first debated , and settled amongst the bishops , then they were publickly rehearsed , and either rejected , or suscepta receiv'd by the whole assembly of clergy and laity ; but this was not enough to give them the force of a law , they must have the stamp of royal authority to be currant . rex igitur cum inter haec londoniae moraretur , auditis concilii gestis consensum praebuit & confirmavit statuta concilii à guilielm . cant. arch. & rom. eccles . legati apud westm . celebrati . at this time it seems the king was not in the council , but the canons , though drawn up by the bishops , promulgated before and assented to by the body of the realm , yet had no force till authenticated by the head of the church and state. gervase of dover is little less particular in the account of the ecclesiastical synod in his time , wherein the canons or constitution declaring it unlawful for clergy-men , agitare judicia sanguinis , was embodyed into the laws of the land. ricardus vero cant. arch. totius angliae primas & apostolicae sedis legatus convocato clero angliae celebravit concilium in ecclesiâ beati petri ad westm . . kal. junii dominicâ ante ascensionem dom. afficerunt in hoc concilio omnes suffraganei cantuar. eccles . praeter vigorniens . qui diem clauserat extremum . in hoc concilio ad emendationem anglicanae ecclesiae assensu domini regis & primorum omnium regni haec subscripta promulgata sunt capitula . ad dextram primatis sedit episcopus londinensis quia inter episcopos cantuar. ecclesiae sussraganeos decanatus praeminet dignitate ; ad sinistram sedit episcopus winton . quia cantoris officio praecellit : caeteri tam episcopi quam abbates secundum primogenit . consecrationis suae consederunt . ipse vero archiepiscop . primas , & legatus residens in sublimi post sermonem quem tam facundè quam disertè fecit in communi de scripto legi fecit statuta concilii sui sub hac forma , &c. here it appears that their councils were held by the arch-bishops of cant. that the statutes or canons were drawn up in some private consults of bishops , but they took their force from the assents of the king and all the primores regni , the clergy and laity of the land ; and that the third canon by me cited , was a statute . this to be sure and the other ecclesiastical councils abovementioned , were more than the curia de more . i cannot , as the author of the grand question does , summ up the arguments on both sides ; for i know not one that hath yet been offered , against what i have gone upon , which may be thus represented in short , . that the canons prohibit the judging in capital causes , and all preliminary votes too . . that these canons were received by the great council of the nation , and so became incorporated into , and part of the laws of england . . and that they , running in the terms of judicia agitare , which in the common intendment is of ordinary justice , and the constitution of clarendon particularly referring to the ordinary court of justice , except it can be shewn that clergy-men voted in the ordinary curia ; the court of tenants and officers whilst that court continued , there is not one president against this sense of the law. if it be said they have voted in bills of attainders which in effect are judicia sanguinis : still these are not within the ordinary justice ; however if they are judicia sanguinis , in a strict sense , let them who are concerned , answer the evading the sense of the law. i shall give one plain instance of a great council , and another of an ordinary court in this kings reign , and hasten to the next . circa festum sancti pauli venit dominus rex usque northampton & magnum ibi celebravit concilium de statutis regni sui coram episcopis , comitibus & baronibus terrae , & coram eis per concilium comitum & baronum , militum & hominum suorum hanc subscriptam assisam fecit , &c. this was more than an ordinary curia , and there being the barones terrae ; the milites and homines sui are not to be taken for his feudal tenents , but his liege people . for his ordinary curia we find a clear president in the glossary of that great antiquary sir henry spelman , who if he had lived to finish the second part would certainly have given a compleat body of antiquity . we find in him the form of a fine levy'd in the ordinary curia . haec est finalis conventio facta in curia domini regis apud clarendum anno . regni regis henrici secundi coram domino rege & joh. filio ejus , &c. & aliis baronibus & fidelibus qui tunc ibi praesentes erant , &c. richard the first was spirited to jerusalem , and therefore we must not expect many instances from him of the one sort or t'other , but i am sure the ecclesiastical council at pipewell in northamptonshire , could not be the curia de more . sir hen. spelman calls it concilium pambritanicum , and bromton tells us in general who were at it , amongst others there were all the abbots and priors of the kingdome , but it is very manifest that they were not all tenants in chief , many holding in purâ & perpetuâ eleemosynâ , and others of temporal lords , as appears by the statute of carlisle , ed. . and therefore this was not a court of the kings tenants and officers only . but then in november following he assembled a full parliament at london . rex congregatis episcopis , comitibus , & baronibus regni sui parliamentum habuit & tractatum . this was manifestly more than the curia regis . a great court was held the next year at bury in normandy , ricardus rex angliae festum nativitatis domini quod secunda feria illo anno evenit in normanniâ apud burium cum primatibus terrae illius celebravit . it seems he had held another court in england , for this was the second court , but the great council at london was not of either of the feast days . but let us see whether this distinction is observable in the reign of that prince upon whose charter our dispute is . he was crowned in the presence of a larger representative than the interpreters of his charter have put upon us , a populo terrae susceptus est . king john in one of his charters says , he came to the crown jure hereditario & mediante tam cleri quam populi unanimi consensu & favore . congregatis arch. ep. comitibus & baronibus atque aliis omnibus . this explains who are meant by the magnates regni , which assembled at london in the second of his reign , which , the historian not having mentioned any feast day , or saying barely that the king held his court , is to be taken for the great council : but the records give further light , they shew us that there the queen was crown'd de communi assensu & concordi voluntate arch. episcoporum , comitum , baronum , cleri & populi totius regni : nor is it a wonder that the queen being a foreigner had such a formal consent of the people to confirm her queen , for there had been at least the pretence of a law against any king of england's marrying a foreigner without the consent of the people , and therefore harold pleaded against william the first , when he urg'd his oath for placing the crown upon william's head , and marrying william's daughter , that he could not do either inconsultis principibus , or absque generali senatus & populi conventu & edicto : as another author explains the council , the consent of which harold pleaded to be necessary . from london king john issues out his summons to william king of scots to attend him at lincoln , which summons he was obliged to obey as one of his tenants in chief , but thither came more than tenants in chief , nor was it the place or time for the curia de more , and therefore the curia and general council was united , the king of scots coming as attendant upon the curia , convenerunt interea ad colloquium apud lincolniam , rex anglorum johannes & rex scotorum willielmus cum universà nobilitate tam cleri quam populi utriusque regni vndecimo kalendas decembris . as under the nobility , the senators of scotland , were comprehended all the free-holders at that time beyond dispute , 't is probable at least that our nobility was of the same extent . and for the probability of the assembling of so great a body as the proprietors of both kingdoms must have made even then , 't is observable that the meeting was without the walls , for the city was not able to hold them . the king of scots did homage upon a mountain in conspectu omnis populi , before all the people , the united body of free-holders of both kingdomes . in the third of his reign this king held his curia on christmass at guildford , and this was no more than his military council . multa militibus suis festiva distribuit indumenta , ( that is , ) in festival bounty he gave many coats to his souldiers . and that this was no more , is very evident in that the arch-bishop of canterbury to shew himself a prince in the ecclesiastical empire set up the like court of his tenants and dependants . hubertus verò cantuariensis arch. quasi cum rege à pari contendens eodem modo fecit apud cantuariam . at easter the king held his court at canterbury , where the arch-bishop by sumptuous entertainment of the king hop'd to atone for his former vain-glory. on ascension-day the king issues out his summons from theokesbery , for the holding his ordinary court at whitsontide following at portsmouth , generale proposuit edictum ut comites & barones & omnes qui militare servitium ei debebant , parati essent ad portesmue cum equis & armis ad transfretandum cum eo ad partes transmarinas in die pentecostes iam instante . those that would not pass the seas with him consented to the payment of escuage two marks of silver upon every knights fee , dantes regi de quolibet scuto duas marcas argenti . the next year he held his curia on christmass in normandy . and the year following this , he held his christmass court in normandy likewise . in the year . his curia was held on christmass at canterbury , from thence he went to oxford , where were present more than the members of the ordinary curia ; convenerunt ad colloquium apud oxoniam rex & magnates angliae . indeed what is then given the king is only from his feudal tenants , but that is no argument that therefore no more were there , because the council advis'd him to charge his tenants ; nay , 't is very observable that the historian does not say that they which were there assembled gave , but ubi concessa sunt regi auxilia militaria de quolibet scuto scilicet duae marcae , that is , there escuage was given by or upon them , who held by knights service , or it might be an aid given generally by every one according to the number of acres , or value of his estate in proportion to the valuation of a knights fee. as was usually done in that and succeeding times . and then i take it provision was made for the defence of the kingdome , ( viz. ) that every nine knights throughout the kingdome should find a tenth arm'd at all points to be ready in servitio nostro ad defensionem regni quantum opus fuerit : this to be sure reacht further than to the knights by military tenure ; because every one that held a knights fee was by his tenure to find a man , and consequently this would have been a weak'ning of the kingdome to abate of their services , but it must needs have extended to all that held to the value of a knights fee , though not by knights service . this was provided communi assensu arch. ep. com. baronum & omnium fidelium nostrorum angliae . and so a general land tax . and at the same parliament the king per commune concilium regni made an assise of money . in the year . he held his court at theokesbery which broke up the first day . soon after he call'd together his army , that is , those who were oblig'd by their tenure to attend him ; for though the curia de more was confin'd to certain days , yet the king made the court where-ever he pleas'd to appoint it , and the obligation to attendance at the court was indefinite ; his military council when met , refus'd to go with him beyond sea as he required , whereupon with a few of them he sets out to sea , and after he had coasted about a little , he exacted a great summ of money from those whose tenure could furnish him with a pretence for it , because they discharg'd not the duty of their tenure , occasiones praetendens quod noluerunt ipsum sequi . the next year he held his court on christmass at oxford . the historians give no mark of any thing more than an ordinary curia , but the records do . there was a grant of subsidy upon every mans personal estate per commune concilium & assensum concilii nostri apud oxoniam . this in another record is said to be by the arch. ep. abbates & magnates regni nostri , rot. par. jo. m. . on whitsontide he held his court at portsmouth . in hebdom . pentecostes exercitum grand . apud portesmouth congregavit . but then the christmass following at winchester he held a general council , and that was on the court day . celebravit natale domini apud wintoniam praesentibus magnatibus regni . deinde in purificatione beatae mariae cepit per totam angliam tertiam decimam partem ex omnibus mobilibus & aliis rebus tam de laicis quam de viris ecclesiasticis & praelatis cunctis , murmurantibus sed contradicere non audentibus . here was a grant of what no way belong'd to tenure , and therefore all the magnates regni were privy to it , though 't was done grudgingly . in the year . he held his court on christmass at windsor , where he distributed coats to his souldiers . he held his christmass court at bristol . he held a great council on the feast day at windsor praesentibus omnibus angliae magnatibus . so the year following at york praesentibus comitibus & baronibus regni . . 't was but an ordinary court held at windsor , fuit ad natale apud windsor . . he held his court at westminster with very few tenants ad natale domini tenuit curiam suam apud westmonasterium cum pauco admodum militum comitatu . in this year we find a military summons to more than tenants , and of an extraordinary nature . misit literas ad omnes vicecomites regni sui sub hâc formâ : rex johannes &c. summone per bonos summonitores comites , barones , milites & omnes liberos homines & servientes vel quicunque sint & de quocunque teneant , qui arma habere debent vel arma habere possint , & qui homagium nobis vel ligeantiam fecerunt . quod sicut nos & seipsos & omnia sua diligunt , sint apud deveram ad instant . clausum paschae benè parati cum equis & armis & cum toto posse suo ad defendendum caput nostrum & capita sua & terram angl. et quod nullus remaneat qui arma portare possit sub nomine culvertagii & perpetuae servitutis . et unusquisque sequatur dominum suum . et qui terram non habent & arma habere possint , illic veniant ad capiendum solidatas nostras . hereby all free-men as well as the kings tenents , nay servants , and all that ow'd allegiance to the crown , though not oblig'd to bear arms , if they could get any , were required to give their attendance , and those that had not wherewithal to maintain themselves should have the kings pay : this was upon expectation of an invasion , and therefore the assembly seems to have been as general as the summons ; but there is a shrewd circumstance to induce the belief that many considerable men not holding in chief , thought themselves not oblig'd to attendance till necessity press'd them , for otherwise he would never have been terrified into a dishonourable peace , the parting with all his right of patronage to the pope , and submitting to his pleasure , if he had not been sensible by the absence of many great men that there was truth in the french king's boast , jactat se idem rex chartas habere omnium ferè angliae magnatum de fidelitate & subjectione . but that this was not a general council of the nation appears by the statute of provisors which declares that the popes assuming the jus patronatus was an incroachment , that is usurpation , or unlawful act , which it would not have been , if the comites , barones , and turba multa nimis that unanimously agreed to those shameful terms which king john yielded , had been enough to constitute a full representative of the nation . if they had been call'd to council not to fight , then indeed upon knowledge that matters of general obligation were to be settled , though but few had come , they would have concluded the rest . the army as it was computed were about , but that being made up of servants , villains and all manner of people , 't is not to be supposed that there were there nigh the half of the proprietors , which must have been present , to make any thing of general obligation without notice of its being so intended . of the same nature with this , was that shameful resignation of the crown before mentioned near dover , whereas the first agrreement was at dover . the same year his tenants who were to maintain themselves in his court and army at their own charge , complain that he had kept them out so long that they had spent all their money and could follow him no longer unless he supply'd them out of the exchequer . this year there was a great council at st. albans where were all the magnates regni and there was a confirmation of the laws of hen. the first , whereas we find nothing of that nature at any curia of the kings tenants and officers only . the same year he held his court on christmas at windsor , but a great council was held at oxford , the summons to which mr. selden produces , but sayes the record of it for ought he had seen is without example . rex vicecomiti oxon salutem , praecipimus tibi quod omnes milites ballivae tuae , qui summoniti fuerunt ad nos à die omnium sanctorum in quind . dies , venire facias cum armis suis . upon this part 't is observable , that there had been a general notice or proclamation of the time when he would have those that ow'd him military service to attend with their armes , but the place was not named , for they were to follow him whereever he would have his court , and therefore herein was an apparent grievance in some measure redress'd by his charter two years after in ascertaining the place of meeting to consult of aids and escuage ; but besides these tenants , there were others , corpora vero baronum sine armis singulariter & quatuor discretos milites de comitatu tuo venire facias ad nos ad eundem terminum ad loquendum nobiscum de negotiis regni nostri . teste meipso apud . witten die nov. eodem modo scribitur omnibus vicecomitibus . thus much i take to be clear from it , that here was an union of the ordinary curia regis , the court of the king 's military tenants , who were to attend with their armes , and of peaceable senators , in a great council . if the barones of whom the sheriff was to take special care were only such as were barons by tenure , 't is not supposable , that contrary to the obligation of their tenure , they should be ordered to come unarmed , whil'st only their tenants , or at least inferiour tenants to the king had their swords in their hands ; wherefore barones here must be taken in the most large and comprehensive sense . but this is farther observable , that where the summons was general to all the arch-bishops , bishops , abbots , priors , earles , barons , knights and free-holders , yet there has been a special inquest summoned or taken out of the generality , as in the summons to attend the justices in eyre . summoneas per bonos summ. omnes arch. ep. abb. pri. comit. baron . milites , & liberè tenentes de balliva tua , & de qualibet villâ quatuor legales homines & praepositum , & de quolibet burgo duodecim legales burgenses , &c. and even agreeably to this record of the of king john , we find that in the of henry the third , it was agreed , that there should be quatuor milites inquisitores , four inquisitors in every county , who were to be sworn in the county court , to enquire faithfully into the business of every county , in order to represent it at parliament , which has no semblance of their being the representatives of the counties , only the presenters and methodizers of that business , to which the great council gave their assent or dissent . from this time to the great assembly at rumny mead , i find neither a great council nor curia mentioned , that to be sure was of more than the king's tenants , as i have already shewn ; i shall only observe farther , that it consisted of that army which was got together on both sides . on the peoples side was a very great army comitum , baronum , militum & servientium , peditum & equitum cum communibus villarum & civitatum ; and after this , they had a great accession , by gaining the whole city of london , and all that were neutral before , and even most of those that had kept along with the king : upon this the king condescends to treat , the place is agreed upon , and accordingly convenerunt ad colloquium rex & magnates , who these were the record tells us , and the assembly was as general as the concession on the king's side , concessimus omnibus liberis hominibus nostris regni angliae pro nobis & haeredibus nostris in perpetuum , omnes libertates subscriptas habendas & tenendas eis & haeredibus suis de nobis & haeredibus nostris . even this was a curia regis in a large sense , but not the ordinary curia ; and though 't were the common council of the kingdom , as 't was the assembly of the whole community , yet not the ordinary common council , for that might be , and i need not scruple to say that it was , of the king's tenants and officers , which in that sense , and to the purposes for which of course it met , was the commune concilium regni , yet like the kings ordinary privy council , or his courts of justice long since settled at westminster-hall , they could exercise no act of legislation . if it be said , that the charging tenants with more than was due of custom were such an act , by the same reason the power of making by-laws would argue a legislative power , and there would be a little parliament in every village . without re-examining particular instances i conceive 't is obvious , that admit the ordinary curia regis at any time exercised a power peculiar to the great council , of which i dare boldly say there are very rare if any instances , such that it can be affirm'd with certainty this was an ordinary curia , without a more solemn convention , or summons ; yet in irregular times many of them would not make one legal president , especially against so many declarations and confirmations of the antient laws , and free customes , as princes either to obtain , or assure the crown to them swore solemnly , inviolably to observe and keep . if sometimes the marks of distinction between the curia regis , and the great council are not clearly apparent , in that the curia only might be summon'd ad colloquium , and in that sense might be styl'd parliamentum , though not generale parliamentum , and the generale parliamentum might be , as indeed it alwayes was , curia regis , though not the curia de more : yet the certain difference is upon particular instances , where the full circumstances are set down , alwayes to be known . as the ordinary curia consisted of the kings tenants , and officers ; and there appears no grievance worth publick notice to have lain on the last , nor on the first , as to their attendance at the wars , or as a court of justice , the remedy was properly apply'd by king john's charter , to that wherein they were uneasie , which was the assembling about the matters relating ad servitia to their services , without convenient notice for time , or for the occasion ; so that they might think it was only for matters of ordinary justice , which might go on well enough without them , when it was really to charge them in their properties , by such as should appear , by design and contrivance , which was a great mischief . wherefore for this the redress was , . that they should have forty dayes notice . . that the time , place and occasion of meeting should be ascertained . and then they that were there were justly concluded by the rest , and had no reason to complain of the charge . thus i conceive , i have given a rational account of this charter , and i question whether upon other grounds any man can reconcile it with the records and histories both before and since the charter till the of hen. . when 't is supposed that more than tenants in chief , which compos'd the common council here mentioned , were let into the great , or common council of the kingdom . if they cannot , i conceive they must take my sense . for , this charter was either declarative of the law as 't was before , or introductive of a new law . if the first , then it must be interpreted by the records and histories both before , and since , till a time of change can be assign'd with some colour . if introductive of a new law , then we must see what interpretation practice has put upon it ; not that the sense of a law is alwayes to be interpreted by practice , because then we should think , especially upon the several statutes against provisors , which were rarely executed according to the letter , that we could not judge of the sense of former laws by the plain words . but if the words will any way admit of a double sense , that sense is alwayes to be taken which agrees with constant practice , especially if the sense inclines most towards the practice . i have at large shewn the evident proofs , that to the great council of the nation there us'd to come more than the king's tenants in chief , and consequently this very charter confirming free customes of every particular the place , or of the inhabitants of those places . according to this charter the common council of the nation by law consisted of more than the king's tenants in chief , and that the law was thus there is a very strong proof , which turns upon them who suppose that king john's charter gives us the full form of the great council , and that none but the king's tenants in capite , made the common council or parliament of the kingdom till h. . in the thirty ninth year of h. . several years after he had granted and confirmed that famous charter , which alone obtained the addition of great , so that the magna charta or grand charter of william the first , hen. the first , king stephen , hen. the second , and king john , all lost their names , and were swallowed up in that , the baronagium or omnes fere angliae magnates refused to give a royal aid , demanded of them , the ground of their refusal is very remarkable . quod omnes tunc temporis non fuerunt juxta tenorem magnae cartae suae vocati . this some would render and call king john's charter , and that the complaint was , that the peers had not their particular summons according to the tenour of that charter . were it so , 't would prove nothing for them that urge it ; because it does not appear , but that the aid demanded might have been escuage or taillage , or both , which lay upon the king's tenants only , such a common council as that charter i conceive establishes . but it is cartae suae , not cartae regis johannis patris regis nunc : 't is the then king henry the third's charter , no man will say that 't was the barons charter , and besides it was the great charter , and no other charter then maintained that epithete . but what puts this out of dispute is , that though h. .'s charter was comprehensive of all the fundamentals of the government , and was so many times confirmed , and explained where it was thought needful ; yet there is not one clause referring to the great council of the nation , but what leaves to every particular place , and the inhabitants thereof all ancient customes and liberties ; so that unless it be proved that such a commune concilium regni as is in king john's charter , us'd to compose the great council exclusive of all others , ( excepting what is implyed in the general salvo at the end ) they must needs have referred themselves to the ninth chapter of henry the third's charter ( which indeed is but a revival of the law affirmed in king john's . ) whereby the city of london , all cities , burroughs , vills , townships , or parishes , the barons of the cinque ports , and all other ports were to enjoy all their liberties and free customes . that by villae is meant parishes , or townships . i think may appear from doomsday book , where villa is taken for the next division under an hundred . hic subscribitur inquisitio terrarum quo modo barones regis inquirunt ( viz. ) per sacramentum vicecomitis scirae & omnium baronum & eorum francigenarum & totius centuriae presbyteri praepositi vj. villani uniuscujusque villae . here are the sheriff , the great barons , and clergy-men and headboroughs within every hundred , and six inhabitants of every villa , parish or township , then follows an account of the several lands and tenures by hundreds and villae within those hundreds . now according to the ninth chapter of magna charta custome is to be the legal interpreter what was the great or common council of the nation , and as the whole nation is made up of cities , burroughs , and parishes or townships , they being the integral parts of every county , all the counties of england were to be summon'd according to their free customes . and methinks the right of the counties for their coming to the great council and its being preserved under the free customes of the villae , appears from the plea of the men of coventry the inhabitants of that villa in ed. . they plead and their plea is allowed , that in the times of that king and of his progenitors , which to be sure reaches to the custome before magna charta , they us'd not to be taxt as citizens , burgesses , or tenants of the kings demesn , but only along with the community of the county of warwick , that is , with the whole county and not with the cities , burroughs , and antient demesn of the crown . so that when the commune concilium , in k. john's charter , or the kings tenants in chief , laid any charge or gave an auxilium or aid , this could not affect them ; but when they came , and agreed to any charge with the body of the county , as part thereof , then they were liable , and no otherwise : and indeed the stream of records of both h. . e. . and e. . evidently prove all this : but let us touch the record , ex parte eorundem hominum regi est ostensum quod cum villa praedicta , civitas , burgus , seu dominicum regis non existat , ut homines villae predictae tanquam cives burgenses seu tenentes de dominico regis in aliquibus auxiliis , tallagiis seu contributionibus regi seu progenitoribus suis concessis non consueverunt talliari , sed tantum cum communitate com. warwic . &c. no man will imagine surely the meaning of this plea to be that the vill or town of coventry was not lyable when the kings immediate tenants taxt themselves only , but they were when such tenants taxt the whole county ; for that would have been an admittance of a grievance beyond that against which they petitioned , for by that the kings tenants might have excused themselves , and have laid the burthen upon them who were not tenants in chief , so that it would have been their greatest advantage to claim the priviledge of being tenants to the crown , and in that capacity to have had a right and priviledge to be parties , and consenting to all charges and grants laid upon them , and given to the crown : and for that they might have prayed in aid and pleaded king john's charter , nor should we have met with so many records in those times , whereby so many pleaded off the tenures in capite as chargeable and burthensome ; nay even the tenure of barony it self ; but on the contrary every one would have given the king great summs of money to have changed their tenures to have held in capite ut de coronâ ( when indeed it clearly appears they did the contrary ) because they not only could save their individual estate , if they had the sole power of making laws , and giving taxes , but would have encreased and better'd them by their services and tenures , which capacitated them to lay charge upon all the barons , knights and freeholders of england who held not in chief and who were by far the major part , many of which held of the great lords by such and such duties or payments pro omni servitio , and beyond that were not lyable without their own consents to be charged ; and all this is demonstrative if any will read over and consider the infinite number of pleadings in the ages we speak of , viz. ( for some few instances ) that a. b. holds of c. d. of his mannor of e. by paying s. rent or one bow and arrow , or one horse , or the like , pro omni servitio , or holds of the honour or castle of d. to find one or more men bene paratos cum armis to defend such a postern-gate or such a chamber there when summon'd by the great lord pro omni servitio ; but to charge them without their assent further , was to overthrow the very salvo in the end of henry the thirds , and in king johns charter , which runs thus . salvae sint archiepiscopis , episcopis , abbatibus , prioribus , templariis , hospitalariis , comitibus , baronibus , militibus & omnibus aliis tam ecclesiasticis personis quam secularibus omnes libertates & consuetudines quas prius habuerunt . if king john's charter , in the particular of which our dispute is , introduced a new law , then we must examine only what custome or practice followed upon it , or who made the common or great councils of the nation from that time to the th of henry the . that is , were of right to come , or to have notice of the councils sitting juxta tenorem magnae cartae suae , as is insisted upon in . the th of henry the . as above mentioned . that they were more than tenants in capite , which made the commune concilium in king johns charter , the record of the th of this king henry , where two for every county , besides tenants in chief ; were summon'd , were enough to evince . we there find writs to all the sheriffs of england , to summon the lesser tenants in chief , the omnes alios qui in capite tenent de nobis , as in k. johns charter , and two more to be chosen by every county respectively , the precepts recite ( though 't were falsum & deceptorium , as the historian tells us ) that the earls , barons , & caeteri magnates regni , had promis'd to be at london with horse and arms , to go towards portsmouth , in order to passing the seas with the king for gascony , against the french king who then was in war with king henry . mandamus ( says the record ) quod omnes illos de ballivâ tuâ , qui tenent viginti libratas terrae de nobis in capite , vel de aliis , qui sunt infra aetatem & in custodiâ nostrâ ad idem distringas , which was to perform their personal services , which not requiring their crossing the seas , here is a suggestion that 't was by the advice of the great council . but besides the services of tenants in chief , who were to be out upon their charges no longer than forty days ; the king wanted a supply of moneys to maintain them beyond that time , and therefore for this he directs a representative of the several counties . tibi districtè praecipimus quod praeter omnes praedictos venire faciatis coram concilio nostro apud west . in quind . paschae prox . fut . quatuor legales & discretos milites de comitatibus praedictis quos iidem com. ad hoc elegerint vice omnium & singulorum eorundem , viz. duos de uno com. & duos de alio ad provid . unà cum militibus aliorum com. quos ad eund . diem vocari fecimus , quale auxilium nobis in tantâ necessitate impendere voluerint . these were to come vice omnium & singulorum , instead or in the place of all the free-holders of the county , which asserts their personal right : but further , et tu ipse militibus & aliis de com. praed . necessitatem nostram & tam urgens negotiam nostrum diligenter exponas & ad competens auxilium nobis ad praesens impendend . efficaciter inducas , ita quod praefati quatuor milites praefato concilio nostro ad praed . term . pashae respondere possint super praed . auxil . pro singulis comitat. these were properly to come in the stead of all , for they were only deputies to carry the sense of their principals , the matter was to be propounded in the county courts before the knights there chose , & aliis , and the rest of the free-holders ; this whole assembly was to be moved to grant a large contribution , and the knights were to make the tender of their present , before the king and his council ; if the county had wholly refused , the knights had no power then to grant for them , so says the record , for it was to be propounded to all , ita quod , the knights might answer for an aid from the county . and it seems whether the counties chose deputies or not , or gave them not full instructions , the king was not able to work upon them that met at the place and time then appointed , but they broke up in great discontent . et sic cum summa indignatione tristes admodum proceres recesserunt . but if the tenants in chief made the common council of the kingdom till h. . and had a power to tax the rest of the nation de alto & basso ad meram voluntatem suam : why this summons for a representative of the counties ? the very next year , being the th above-mention'd , the king sollicites them for aid . they tell the king he undertook that war against france , for which he demanded aid , sine consilio suo & baronagii sui . and when some were for complying with the kings demands : they answer , that all were not call'd according to the tenour magnae cartae suae , that is , of this kings great charter . now whether this were because many who were exempted from common summons ( for many such there were by particular charters ) had not special summons , singulatim from the king himself , or that he put a representative upon them , whereas they might plead that 't was their free custome to come themselves in person , or send as many as they pleased in their names , i need not determine ; it being enough that here were more than tenants in capite . but a mighty argument has been raised against inferiour proprietors or the barones , milites & liberè tenentes , which held not of the king , being part of the great or common council of the nation , upon such records as mention their being summon'd coram concilio . and in effect the force resolves into this , they are no part of the kings standing council , the assistants to him and his lords , or of his common council of tenants and officers in the curia , therefore no part of the great or common council of the kingdome . to clear this , i need offer but one instance of many . at christmass in the th of hen. the . he held his curia at oxford , but 't was more than a curia de more . tenuit curiam suam praesentibus comitibus & baronibus regni , words of an extensive sense , or ad natale dom. fuit apud oxoniam ubi festa natalitia solemniter cum suis magnatibus celebravit . we have a record of a subsidy granted that year , probably in that very curia , coram nobis & concilio nostro praesentibus arch. cant. ep. com. & magnatibus nostris de communi omnium voluntate . now many of these were members both of the standing council and curia too , and yet were coram nobis & concilio nostro : but the meaning of it is , that this was granted either before the king and his standing council , or the king in his curia by all these , that is , here was a conjunction of all councils in one , adunatis conciliis . but because here are only com. bar. & magnates mentioned as if here were not any but great lords : 't is to be observed , and cannot be denied by any antiquary , that free-holders , and they that came from the counties as the representatives of such , had the appellation of magnates , even a long while after : and therefore much rather before , when lands had fewer owners , the owners , especially such as came in their own persons , were magnates . in the of this king in parliamento london . so mat. westm . p. . rex angliae r. comes norfolc . &c. caeterique magnates angliae , consented to the excommunication of all the violators of the great charter . rex & praedicti magnates , that is , as is explain'd by fleta who was judge in the th of edward the first , archiepiscopi , episcopi , abbates regni angliae , priores , comites , barones , milites , & alii magnates : the record goes on , & communitas populi protestantur publicè in praesentiâ arch. cant. nec non & episcoporum omnium in eodem colloquio existentium . in cujus rei test . & in posterum veritatis testimonium tam dominus rex quam praed . comites ad instantiam magnatum & populi praesentium scripto sigilla sua apposuerunt . here the communitas populi were the communitas civitatum & burgorum ; for the rest were magnates , the king and some earls subscribed at the desire of the rest . perhaps by this time they that suppose the commune consilium regni within king john's charter to have been a full parliament , or great council , till the th of henry the third , will compound for their notion , and will yield , that more than such often came to council , but that 't was of courtesie , and that the king 's immediate tenants alone could charge the rest , and often did . for which they have two false grounds ; though perhaps but one within the time we are now upon , yet both are worth notice . . they take it for granted , that the lords us'd to answer for their tenants in benevolences out of parliament ; and upon this weak , and at least uncertain foundation , they build the supposition , that they at other times represented them in all great and publick councils . . ( which falls within the time ) that it should seem by record , that the immediate tenants have charg'd others without their consent . . to prove that the lords answered for their tenants , they run back as far as william the second's reign ; when his brother robert sent to him to borrow ten thousand marks of silver , proffering normandy for security for repayment . the bishops , abbots , and abbesses , brake in pieces the silver and gold ornaments of their churches , the earls , barons , and sheriffs , suos milites spoliaverunt , that is , robbed those which were under them ; and 't is a fine president for the right of the thing , which carries sacrilege and robbery in the face of it . here the sheriffs robb'd or took away from the freeholders that were within their ball'ia or balliva , and the lords took from the tenants within theirs ; wherefore if the lords could charge their tenants , the sheriffs could the freeholders : but i would fain see one president , that the kings tenants ever answer'd for them that were within their ball'ia , further than the sheriffs did for those within theirs , which at the most was as collectors under the king , of what was duly charg'd upon their tenants ; but generally i take it , they did no more than certifie how many held of the king within their precinct , as the jurisdiction of great men extended its self within such a compass , they were best able to give the king an account of those that were liable to any payment within that ball'ia . and thus in henry the second's time , the king issues out his precept , that quilibet praesul et baro should certifie quot milites tenerent de ipso rege in capite ; this was for escuage towards the marriage of the kings daughter , to which all that held in capite were lyable ; and here the great lords were to certifie for the resiants within the compass of their leet or ball'ia , though they held not of them , but of the king : upon such certificate , according to the number they return'd , so many were enter'd in the exchequer rolls , under the name of such a lord ; and thus we find it expresly in the case of the prior of coventry . compertum est in rotulo regis h. tertii sub titulo de auxilio ad primogenitam filiam regis maritandam , viz. de quolibet scuto s. contineri sic . prior de coventry reddit compotum de l. de decem feodis de quibus quidem decem libr ’ . willi ’ tunstall vic. dicti comitatus in compoto suo de anno ipsius regis h. oneratus fuit . here so many knights fees are enter'd under the prior's name , but the sheriff collected for them . upon this the prior pleads , hoc ei non prejudicat in hac parte , dicit enim quod auxilia illa non fuerunt nec censeri possunt esse servitia , imò quaedam subsidia per magnates et communitatem régni spontaneâ et merâ voluntate regi concessa , et tam de tenentibus aliorum quam de tenentibus de domino rege levanda . 't is observable , the ground of demanding for so many knights fees was the entry on the roll in the th . of henry the d. and he pleads , that at that time the coumunitas regni were parties to the grant ; and that it was charg'd by , and lay upon more than tenants of the king in chief , but that he was chargeable upon the account of aid or service with but two knights fees , which he says may appear by the certificate of the then prior , de feodis quae ipse tunc prior tenuit de veteri feoffamento , that is , the number of knights with which he was to serve , according to the first infeodation from the crown , & de novo , which is the number of knights fees rais'd under him by sub-infeodations , the first were all that he could be answerable for , but the second could not be charg'd without their own consent , the charges upon such were , quaedam subsidia per magnates & communitatem regni spontaneâ & merâ voluntate regi concessa . and thus we find the records , ( . ) that the kings tenants were answerable no farther than according to the vetus feoffamentum . so in the th . of henry the d. the sheriff is requir'd to shew cause why he distrain'd a man for two knights fees , who pleads that he held but one , de veteri feoffamento . monstravit , &c. quod cum non teneat de veteri feoffamento nisi feod . unius militis in comitate tuo tu exig . &c. quantum pertinet ad feod . duorum militum & eâ occatione averia sua cepisti , &c. ( . ) that lords of mannors could not charge their tenants without their consent . rex omnibus & liberè tenentibus de episcopatu lond. reciting the great debts which the bishop had contracted in the kings service , the king earnestly entreats the bishops tenants to make a contribution towards the supply of his necessities , which surely need never have been , if the bishop had by virtue of the feudal law , power of charging his tenants , or raising upon them what he had pleas'd . unde vos affectuosè rogamus quatenus amoris nostri intuitu efficax ei faciatis auxilium ad debita sua quibus pro favore nostro honoratus est . ita quod exaudita in hac parte prece nostrâ precibus vestris pro loco & tempore nobis porrigendis aures benignas exhibere debeamus . ( . ) when there was a grant of more than from the kings immediate tenants , whose grants were in the nature of services , if it reacht beyond the vetus feoffamentum , 't was spontanea voluntate suâ & sine consuetudine . ( . ) but there is a knocking record which i wonder i find no where insisted upon , to prove the kings tenants to charge others . sciatis quod arch. episc . abbates , priores , comites , barones & omnes alii de regno nostro qui de nobis tenent in capite spontaneâ voluntate suâ & sine consuetudine concess . nobis efficax auxilium , &c. undeprovisum est quod habeamus de singulis feodis militum & wardis quae de nobis tenent in capite duas marcas ad praed . auxilium . here was a grant only from tenants in capite , and yet it may be urged , that other records explaining this , shew , that the grant reacht to the novum feoffamentum , as well as the vetus . but it will be said , that i make an argument for them , which they are wiser than to offer , since the records of this very cleerly overthrow it ; yet if there be no better , i may offer this , that they may cultivate and improve it . the matter of fact , i take it , was , that the tenants in capite granted by themselves a charge upon the vetus feoffamentum , and the record which mentions their grant goes no farther , but another record of a grant from ecclesiastick tenants in chief is more express , and explains the other . cum peteremus à praelatis angliae quod nobis auxilium facerent , pro magnâ necessitate nostrâ de quâ eis constabat , viz. epis . abbatibus abbissis , prioribus & priorissis qui de nobis tenent in capite ipsi nobis liberaliter concesserunt auxilium tale , viz. de singulis feodis militum suorum s. de tot feodis de quot ipsi tenentur , nobis respondere quando nobis faciunt servitium militare . this is express , that the tenants in capite , granted only for so many knights fees as were of the vetus feoffamentum , that is , so many as they were to answer for , when they were to perform their military services to the crown . but whereas in the th . the tenants in capite were said to have made such a grant , and at the same time there was a grant which reacht to the tenants de novo feoffamento , the record mentioning that , shews us that more than tenants were parties to the grant. rex vic. somer . salutem sciatis quod comites & barones , & omnes alii , de toto regno nostro angliae spontaneâ voluntate suâ & sine consuetudine concess . nobis efficax auxilium ad magna negotia nostra expediend ▪ unde provisum est , de consilio illorum quod habeamus de singulis feodis quae de nobis tenent in capite & de wardis tam de novo feoffamento quam de veteri duas marcas . whether the tenants in capite granted at this council by themselves , or all agreed in one body , is not material , but here is a grant from all , jointly or severally ; i will shew one instance , which is barely of such a commune concilium regni , as king john's charter exhibits . rex bar. quia per commune concilium com. baronum & aliorum magnatum nobiscum in walliâ nuper existentium provisum est quod nos & ipsi qui servitium nobis fecerunt , ibidem habeamus scutagium nostrum , viz. de sicuto s. pro exercitu nostro wall ’ anno regni nostri . vobis mandamus quod de omnibus feodis militum quae tenentur de nobis in capite vel de wardis in manu nostra existentibus exceptis feod . illorum qui brevia nostra habuerunt de scutag . suo habendo levari fac . scutag . nostrum ▪ here was a common council of tenants , such is according to their obligation of their tenure , had attended the king in his wars , and they laid escuage upon them which did not perform their services due , which still were only tenants in chief , and the tenants of the king's wards which were liable to the same service , and they which made default , were to pay escuage to the king , which he says was to his tenants too , in as much as he out of that satisfi'd their charges beyond the duty of their tenure . i think i have clear'd my way to the treasury of records in this kings reign , which acquaints us with the members of the great council of the nation . as before is observ'd , for the obtaining magna charta , and charta de forestâ , the arch. episc . abbates , priores , comites , barones , milites & liberè tenentes & omnes de regno granted a subsidie . there is a grant of carvage , which bracton says , us'd to be consensu communi totius regni , not being a service , or such as tenants only us'd to charge or pay the reward , has it , omnes magnates & fideles totius regni nostri , granted de qualibet carucatâ duos solidos . the king in his letter to the pope , says , that he had summon'd to northampton , arch. episc . abb'es ac omnes magnates totius regni , to give him concilium & auxilium . the king undertook a foreign voiage , de communi concilio omnium comitum & baronum nostrorum angliae . a fourth part of their moveables is granted by the archiepiscopi , episc . abbates , priores & clerici terras habentes quae ad ecclesias suas non pertinent , comites barones , milites , liberi homines , & villani de regno nostro . so that 't is plain here , who made the cōmune conciliū regni , and gave the subsidie , the arch-bishops , bishops , abbots , priors , inferior landed clergy-men , the counts , barons , knights , free men , it being a grant of goods not lay'd upon land ; and that it may fully express the parties to the grant , the record tells us there were the villani the inhabitants of every villa . a provision about the sheriffs turns , hundred-courts , wapentakes , and the courts of lords of mannors was de communi concilio domini cant. & omnium episc . comitum , & baronum & aliorum . comites & barones & omnes alii de toto regno nostro concess . nobis efficax auxilium , &c. it is provided , coram venerab . patre cant. arch. & coram majori parte episc . comitum & baronum totius regni nostri angliae , that no assize of darrein presentment shall be taken of any prebendary belonging to a cathedral church . at a parliament , cum ad mandatum nostrum convenirent , apud west . archiepisc . abbates , priores comites & barones totius regni nostri & tractatum haberent nobiscum de statu nostro & regni nostri , they grant a subsidy archiepis . abbates ▪ priores , & cler ’ terras habentes quae ad ecclesias suas non pertinent . comites , barones , milites , & liberi homines pro se & suis villanis . m. partem omnium mobilium suarum . nus volens & otroiens ke ce ke nostre — la greignure partie de eus ki est esluz paromis & par le commune da nostre roiaume a fet u fera al honir de dieu & nostre foi & pur le profit de nostre roiame sicum il ordenera seit ferm & estable en tuites chesel a tuz jurz commandous a tuz noz faus & leaus en la fei kil mis devient kil fermement teignent & jurgent a tenir & meintenir les establissements que sunt fet u sunt a fere par lariont dit conseil . this agrees with what was done afterwards , in the d . of this king , and it seems by this , that even in the th . par le commune de nostre roiaume , by the whole realm or great council , the king had a special council assigned , which was to have an extraordinary power . magnates nostri ad sedem apostolicam appellarunt & quosdam pro universitate totius baronagii angliae ad concilium in brevi celebrand ’ ad appellacionem pred ’ prosequendam duxerunt destinandos . the barnagium here according to mat. paris , were , barones , proceres & magnates , ac nobiles portuum maris habitatores , nec non clerus , & populus universus . the pope had order'd , de apostolicâ se●e , that a years profit of the churches which were of the gift of lay-men , should be settled by way of subsidy upon the church of canterbury ; but 't was deny'd in full parliament . magnates terrae nostrae noluerunt in ultimo parliamento nostro quod fuit london ut de ecclesiis ad donationem laicorum spectantibus &c. in parliamento nostro oxon. communiter fuit ordinatum , that was about settling and new modelling some things relating to the government , which the king promiseth should be done , per concilium proborum et fidelium hominum nostrorum regni angliae unà cum consilio legati domini papae . pur le profit de nostre reaum et a la request de mes hauz homes e prodes homes e du comun de nostre reaume . the king and people having in the d. agreed upon a standing council , and that what they did in the way of settlement , should be effectual , and acquiesced in on all sides . cum &c. promiserimus praedictis proceribus et magnatibus nostris quod reformac'onem et ordinac'onem per praedictos vigitni quatuor vel majorem partem eorum faciend ’ ratam habebimus et firmam . &c. hereupon in the th they order a representation of . for every county , pro ea vice , but do not yet settle it for a standing rule . cum ex parte episcopi wign ’ com. leicester & gloucester ac quorundam aliorum procerum regni nostri vocati sunt tres de singulis comitatibus nostris quod sint coram ipsis ad sanctum albanum secum tractaturi super communibus negotiis regni nostri . here the lords of the council exceeded their power , and , as if the king were a cypher in the government , would have the knights from the several shires come before them ; the king , not without reason , jealous of his honour , commands , that they which had been summoned to st. albans , should come to him at windsor . nobiscum super premissis colloquium habituros . venerab . pater g. eboracensis arch. angliae primas et alii praelati magnates milites liberè tenentes et omnes alii de regno nostro servitium fecerunt et auxilium ultra quā tēporibus retractis in aliis sūmonitionibus exercitus nostri facere consueverunt . this the king promises should not be drawn into consequence ; upon an extraordinary occasion they that were not accustomed to perform military service , did it then ; and they that did owe services , did more than they were oblig'd to by their tenure ; all , as well those that held not of the king in chief , as those which did , joyn'd together and made a general charge upon the kingdom of subsidium et auxilium . in the th of this king , there was a right understanding between him and his people , the record sayes , haec est forma pacis a domino rege et domino edwardo filio suo praelatis et proceribus omnibus et communitate regni angliae communiter et concorditer approbata , &c. amongst other things , 't was agreed , ad reformac'onem status regni angliae , that they should chuse men who should have power from the king to name nine that should be the kings standing council ; and if any of the three displeas'd the community , si videatur communitati prelatorum et baronum , one or more was to be plac'd in their room , per consilium communitatis praelatorumet baronum . and the record concludes , haec autem ordinatio facta fuit apud london de consensu voluntate et praecepto domini regis necnon praelatorum , baronum ac etiam communitatis tunc ibi praesentium . the council so chose as aforesaid , were to advise the king in hiis quae spectant ad regimen curiae , et regni . and at that time , or immediately upon it , rex statuit et ordinavit , as mr. camden tells us , whose authority i shall enforce , that none of the multitude of barons should come to parliament , but they to whom the king vouchsaf'd to send his special summons , or were chose by the people , in pursuance of the alia illa brevia . what i have already drawn from the bowels of antiquity , makes me think that mr. selden was arriv'd to this maturity of judgment , when he put out the first edition of his titles of honour ; wherein he received without doubting the testimony of the learned clarenceulx mr. camden , concerning the new modelling of the great council of england , which mr. camden tells us , he has out of an author old enough to know the truth of his assertion ; upon this authority , mr. selden took it then pro concesso , that the alteration was as is there shewn , and began in the th of hen. the third , and that the first summons accordingly was the th ; which he illustrates by the like many years after in scotland . item , the king with the consent of the hail council generally , hes statute and ordained , that the small baronnes , and free tennentes , neid not to come to parliaments nor general councels , swa that of ilk shirefdome their be send , chosen at the head court of the shirefdome , twa or maa wise men after the largeness of the shirefdome . all bishops , abbots , priors , dukes , earls , lords of parliament , and banrets , the quhilks the king will be received and summon'd to council and parliament , be his special precept . this i conceive is an illustration of mr. camden's authority . ad summum honorem pertinet , speaking of the word baro. ex quo rex henricus ex tantâ multitudine quae seditiosa et turbulenta fuit optimos quosque rescripto ad comitia parlamentaria evocaverit : ille enim , ( ex satis antiquo authore loquor ) post magnas perturbationes et enormes vexationes inter ipsum regem , et simonem de monte forti & alios barones motas , & sopitas statuit & ordinavit quod omnes illi comites & barones regni angliae quibus ipse rex dignatus est brevia summonitionis dirigere venirent ad parlament ’ suum , & non alii nisi forte dominus rex alia illa brevia dirigere voluisset , sed quod ille paulo ante obitum incepit ed. . ejusque successores constanter observarunt , unde illi soli regni barones censebantur qui ejusmodi summonitionum ut vocant rescriptis ad comitia evocaverant , donec r. . joannem de beauchamp de holt baronem de kiderminster diplomate dato . octob. anno nostri sui . . creaverit . the substance of this is , that the word baro , was applicable to the whole people , the body of free-holders , especially as assembled in parliament , till the king confer'd particular honour upon some by his especial writs of summons , and none other came , but in pursuance of the aliae illa brevia , that is , the writs for elections in counties , cities , and boroughs : that this was begun to prevent those tumults , of which both the king , and the barons , had fatal experience . that this was enacted in due form of law ; though the form is not express'd , yet 't is imply'd under the statuit & ordinavit , being words of legislation , and for confirmation , that it was so , it has been followed ever since : and that the barons by creation , who have ever since their creation had right to sit as of the higher order previous to their sitting or express summons , came not in till the th . of richard the second . against this mr. selden , whose insight into records and ms's made him take it ill that any should escape his view , has rais'd these objections . ( . ) in all occurrences that i meet with ▪ since the grand charter of king john , i find no mention of any interest that those other tenants in chief , eo nomine , had in parliament , who doubtless were the persons that were excluded from it , when soever such law was made . tanti viri pace , this objection comes not nigh the point , it not being prov'd at least , that king john's charter gives the form of a parliament or general council , or of any other than a council of the kings tenants , for matters belonging to their tenure : and this sense mr. selden himself confirms , when he says , that he finds not that the minores barones in chief , or those other tenants in chief , eo nomine , had any interest in parliament ; now not having any peculiar interest , what need of a particular exclusion ? ( . ) besides , we have some good testimany of barons being distinguish'd by holding in chief , from others that held not in chief , long before the end of henry the third , or the time to which that ancient author refers the law of alteration , which seems to shew , that there were then barons by writ only ; as well as ancient barons by tenure : that testimony in mat. paris , rex edicto publicè proposito ( saith , he , speaking of the th . of henry the third , et submonitione generaliter facto fecit notificari per totam angliam ut quilibet baro. tenens ex rege in capite haberet prompta & parata regali praecepto omnia servitia militaria , quae ei debentur tam episcopi & abbates quam laici barones . barons holding in capite are mention'd here as if some held not so , which must be such as were barons by writ only . thus much he yeilds here . if there were not barons by writ , there being in those times other barons besides barons by tenure , mr. camden and his author were in the right , and the word baro , was of large extent , that is reacht to every free-holder , who according to sir henry spelman , had that appellation . however it does not follow , because there were other barons besides barons by tenure , that they must be by writ ; for what hinders , but that they might have been by reason of their possessions , and the freer from feudall tenure , so much the rather barones , as free-men . the distinction of barones majores and minores , i take it has been moveable , sometimes all the tenants in chief were majores , as in henry the seconds time , where the barones secundae dignitatis , that is , minores , are added to sit upon the judgments with the tenants in chief : in king john's time we find majores barones holding in chief , & alios , so that , the estates of the great barons being parcel'd out , some that held immediately of the king , were minores barones , by reason of the smallness of their estates . but this is clear from record , that writs of special summons made none barons out of parliament , whatever they did in parliament , except where there was such an unusual clause as we find in a writ of summons , h. . volumus enim vos & heredes vestros masculos de corpore vestro legitimè exeuntes barones de vescey existere . here was a special clause of creation to a barony ; but if the usual writs , quatenus , writs of summons , made none barons out of parliament , and there is not the least ground of conjecture , that such writs were devis'd in the time of henry the third , it follows , that when henry the third summon'd only his own tenants to perform their military services , not to parliament , and these were barones tenentes in capite , but there were other barons omitted , that these barons must have been such , by reason of their freehold . that an usual writ , or writs of summons , made none barons out of parliament , appears very fully in the case of thomas de furnivall , in the court of exchequer . thomas de furnivall had been amerced tanquam baro. he pleads in discharge of his amercement , that he was no baron , nor held by barony , or part of a barony , licet ipse baro non sit , nec terram suam per baroniam vel partem baroniae teneat , nihilominus idem thomas pro quibusdam defaltis in quibusdam curiis , &c. in eisdem curiis tanquam baro amerciatus fuit . now according to mr. selden's notion , he ought to have pleaded that he was no baron , in that he neither held by barony , nor had receiv'd or us'd to receive special writs of summons to parliament . but 't is observable , that the only matter put in issue by the direction of the court , was , whether he held by barony , or no , et quia barones ante quam ulterius , &c. volunt certiorari super superius suggestis . concordatum est quod inquiratur inde & quod robertus de nottingham rememerator hujus scaccarii assignetur ad capiend ’ inde inquis , &c. et datus & dies prefato thom. per attornatum suum pred hic à die pasche in unum mensem ad audiend & reccipiend inde quod cur. &c. there was an inquisition directed into the several counties , where he had lands to know how he held them , and according as his tenure appear'd to be , was he to receive judgment upon his plea ; and 't is certify'd , upon the inquisitions taken , that he held not any land per baronium vel partem baroniae , and therefore according to the sense of the whole court , though we find not the judgment then given , non fuit baro. and yet this man had been call'd to thirty parliaments before the time of his plea ; and his son , as i take it , was call'd to seven in the life-time of his father , thomas de furnivall sen. summonitus fuit per breve ad parl ’ rot. claus . ed. . m. . dorso . rot. claus . ed. . m. . d. . ed. . m. . d . m. . d. . m. . d. . m. , . d. . m. , . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. rot. claus . ed. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. thomas de furnival , jun. rot. claus . . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. d. . m. . d. . m. . d. this great man was no baron in the sense of the word baron then appropriated , the several writs of summons had made him no baron , and yet he was a lord of parliament , and since the king dignatus est brevia summonitionis ad eum dirigere , according to mr. camden , he being before one of the multitude of barons , the word baro which was applicable to all the nobility , the free-holders in him , pertinebat ad summum honorem . mr. selden's last objection is this , ( . ) that old author also used by the learned camden , speaks of earls no otherwise than of barons , as if some like exclusion had been of any of them also ; than which nothing can be more advers to the known truth both of that age , and all times , and even in that we have some character of the slightness of his authority , whosoever he were . this i conceive can be of no great weight , for he might as well have said that barons were never excluded before , and by the same consequence not then ; for i know not how any man can prove , that earls had more right than barons , in the most honourable acceptation especially . but this being then made a law , 't is not improbable , that the disposition of this honour of receiving particular writs of summons to parliament , might have been lodg'd in the breast of the king , who is the fountain of honour ; nor is it likely that any earl , but he that justly forfeited the kings favour , would have been denied it ; however , he were deprived of no natural right . since the th . of richard the second , indeed , the nobility have had settled rights by patents , which are as so many constant warrants for the chancellor to issue out the writs of summons , ex debito justitiae ; with this agrees the great antiquary , sir henry spelman . sic antiquae illa baronum dignitas secessit in titularem & arbitrariam regioque tandem diplomate id circo dispensata est . upon the dissolution of the separate court of tenants , the tenants still succeeding to that jurisdiction and preference in the way of being call'd to the great court , which they had in and to the less , without such a provision as mr. camden takes notice of , i will grant , that the majores barones holding in chief , ex debito justitiae , would have had right to special summons , but the lesser tenants had the same right to a general summons ; and the right of being represented , as properly concluded , the one as the other , unless where the king had exerted his prerogative . but where the king ex tantâ multitudine baronum , differing in their circumstances , ( some holding of him immediately , others of measn lords , and his very tenants being divided into two different classes , of majores and minores ) advanc'd some to be of his particular council in parliament . this , with submission , i take it , made them not judges in parliament , eonomine ▪ because a court may amerce its own members , but counts and barons by magna charta , are not amerceable but by their peers , and therefore none but their peers could without their own consent be of the court with them ; which though they might be with consent , as to all acts amongst themselves , still it would be a question how far they might without particular patent or writ creating them to such honour ; act in that station to the prejudice of others . that special summons to parliament , without a seat there granted and settled by the king , gives no man vote amongst those who now have right to such summons , appears , in that the judges and masters in chancery have had the same writs with the lords ; and yet are , and have been , but assistants to them , no members of their house . the great tenents in chief , and others , in equal circumstances , were pares to one another , and if such an one was chose knight of a shire , though the lord coke says , the king could not grant a writ to supersede his coming that was so chose , because 't was for the good of the commonwealth ; yet he being look'd upon as one that ordinarily would be specially summon'd , the king might supersede it ; and thus we find even before any settled right by patent . rex vicecomiti surria salutem , quia ut accepimus tu thomam camoys chivaler , qui banneretus est sicut quam plures antecessorum suorum extiterint ad essendum . unum militum venientium ad proximum parliamentū nostrū pro coōmunitate comitatus praedicti de assensu ejusdem comitatus elegisti , nos advertentes quod hujusmodi banneretti , ante haec tempora in milites comitatus ratione alicujus parlamenti eligi minimè consueverunt , ipsum de officio militis ad dictum parlamentum pro communitate com ’ praedict venturi exonerari volumus , &c. when tenants in chief , oreorum pares , werce call'd by special writ , they very properly exercised the same jurisdiction which tenants did before in their separate court. in the th . of richard the second , many having refused attendance , and not owning themselves liable to amercements , because of absence , if tenure laid not a special obligation upon them , comes an act of parliament which makes it penal to refuse , or rather delares , that the law was so of old . all singular persons and communalties ▪ which from henceforth shall have the summons of parliament , shall come from henceforth to the parliament , in the manner as they be bounden to do , and hath been accustomed , within the realm of england of old times , and every person of the same realm , which from henceforth shall have the said summons ( be he arch-bishop , bishop , abbot , prior , duke , earl , baron , banneret , knight of the shire , citizens of city , burgeis of burgh , or other singular person , or commonalty , do absent himself , and come not at the said summons , except he may reasonably and honestly excuse himself to our said sovereign lord the king , he shall be amerced , and otherwise punished , as of old times hath been used to be done in the said realm ) in the said case . this shews that of old time , they who were summon'd by the king , or chose by the people , ought to come to parliament ; but this being before any patent , or writ of creation to the dignity of peer , and to a seat in parliament , supposes no obligation upon the king to give any special summons ; indeed where he had granted charters of exemptions from common summons , there he had oblig'd himself ( if he would have them oblig'd by what pass'd ) to give special summons , were it not that they might have been chose in the counties particularly , ( which alters the case from what it were , if every body came , or might come in their own persons , some by special , others by general summon's ) but this exemption , and particular summon's after it , made none peers that they found not so , but they that came were to come as they were bounden , and insuch manner , as had been accustomed of old . which is pregnant with a negative , as if it were in such manner , and no other manner , quality , or degree : and thus they us'd that to come as assistants to the lords , continue even at this day to come in the same manner , and no otherwise , notwithstanding particular writs of summon's eodem modo as to the lords of parliament . this is further observable , that in the forecited statute , and records , bannerets are spoken of as above knights of the shire , and these were certainly some of the pares baronum which often occur to us . if these receiv'd their summons to parliament , it seems , as it had been of old accustomed , they were to have voices with the barons . it may be urg'd , that they which held by barony , and their peers , pares baronum , were by the law exempted from being of common juries , because they were lords of parliament : and therefore they were to come of course and right . to which it may be answerered , that is a priviledge above the rest of their fellow subjects , to be own'd by them , as being in common intendment likely to be call'd to parliament , and therefore so accounted by the courtesy of england ; but what do's this signifie to bind the king ? who is above the reach of an act of parliament , unless particularly nam'd . but for this a resolution by all the judges of england in the reign of hen. the th . is a full authority , where 't is adjudged , that the king may hold his parliament without such lords as come onely upon the account of their possessions . the same in effect mr. selden tells us , in in his notes upon eadmerus , neque eos ( speaking of barones ) duntaxat ut hodie significare , quibus peculiaris ordinum comitiis locus est , sed universos qui saltem beatiores regia munificentia &c. latifundia possidebant . so that he was of opinion here , that there were several who had great estates of the immediate grant of the crown , who yet had no seat in the house of lords . i would not be thought to assert any thing dogmatically , i onely offer by way of learning , some thing which perhaps will be look'd on as paradoxes at the least . i divide not my matter into heads and positions , because i run counter to the sense of many great names : and the direct opposing such in thesi would be invidious , and gain a disadvantage to the authorities i produce . if any body will take the pains to shew me , by authentick proofs and warrantable reasons , that all or most of the records or histories by me cited , or others not occurring to me , ought to be taken in a sense contrary to what has appeared to me , i shall thankfully receive and acknowledg his instructions ; but till then i must crave pardon if i cannot swallow or digest any learned modern antiquarie's bare ipse dixit , where i find the best of our historians and a series of records in my judgment diametrically opposing and contradicting their positions and assertions i am aware , that besides the many slips of an hasty pen , and the weakness perhaps of several of the inferences , which amongst some avocations may have pass'd neglected ; there is a material objection against the foundation of the whole , which is the general agreement of records and histories , that till the th or th of henry the third , all proprietors of land came to the great council without any settled exclusion ▪ when yet we many times find that the councils were held in churches , or halls , and yet at those times 't is said that the populus were there as if the great men were the standing representative body of the nation , and answer'd for all the people , the freeholders of the nation . to which i answer , ( according to the modus tenendi synodos , which i may apply to the civil councils ) that the probi homines , or bonae conversationis came sometimes in their own persons , and when they agreed to it , which was no abridgment of their personal right , they came by representation ex electione , and every one was there himself virtually by his deputy , but they often met in vast bodies , and in capacious places , both in the saxon times , and after william the first obtained the imperial crown . the whole body of proprietors were assembled at runemed between stanes and windsor at the passing of king john's charter ; and if we believe matth. westminster , it was not unusual for the kings of england long before king john's time , at that very place to meet their people to treat of the affairs of the kingdom . maximus tractatus habebatur inter regem et barones de pace regni inter stanes & windsoram in prato quod dicitur runemed quod interpretatur pratum concilii eö quod ab antiquis temporibus ibi de pace regni saepius consilia tractabantur . this shews the usual places of assembling to have been large enough for all the people , which are in so many records and histories printed and in manuscript , said to have been present at the great or general councils ; i shall conclude with one instance of the parties present at such a council , which is deliver'd with sufficient perspicuity . anselm in one of his disputes with henry the first , desires the debate may be adjourn'd till the easter following . differantur haec si placet usqu ; in pascha ut audito episcoporum , regnique primatum consilio , qui modò non assunt respondeam hinc . upon this anselm comes to the court at easter , igitur in pascha curiam venit regni ingenuitatem praesens consulit , communi consilii vocem accepit , &c. here the council episcoporum et primatum , to which he referr'd himself , was reciprocal with the ingenuitas regni , that is , as sir henry spelman shews us , the liberi et legales homines , the good honest freeholders , some of which were no better than plebeians . and therefore this authority alone , especially as 't is strengthned by those others to the same purpose , which i have cited absque dolo et malo ingenio , evince to me , that he or they who put out the second part of sir spelman's glossary , did not do right to his memory , in representing him affirming , that the plebs , the ingenuitas , or liberi et legales homines , as he himself tells us the word ingenuus , has anciently been us'd , are no where amongst the several councils which he had read of , mention'd to have been there , from the entrance of william the first , to the end of henry the third . the words to this purpose which i conceive are put upon him , are these , sine ut sodes dicam collegisse me centenas reor comitiorum edictiones ( tenoresque plurimorum ) ab ingressu gulielmii ad excessum henrici . existentium nec in tantâ multitudine de plebe uspiam reperisse aliquid . indeed notice being taken of those councils where were optimates et barones totius angliae , and of that famous assembly at salisbury-plain of the barones et vicecomites cum suis militibus , in pursuance of the summons of william the first , the positiveness of the assertion is restrain'd with a ni in his dilituerit . but what doubt can be made of those words , whereby they are expresly mention'd , and that according to the true sir henry spelman , i am not yet aware of . finis . errata . page . l. . r. tzurick for tours : p. . margin . r. contemporaneo ▪ p. . l. . for william read hugh : p. . l. . r. attendance : p. . l. . add laici before omnes : p. . l. . joyn a to part : p. . l. . r. fuerat : p. . l . add est de before antiquo : l. . dele est de : p. . marg . r. hil. for mich. p. . l. . add è before tota : p. . l. . r. illuc : l. . r. knight for knights : p. . last l. r. antequam : p. . l. . dele comma after sheriffs : l. . r. vias : l. . dele s after knight : p. . l. . make a comma after kings title : l. . r. election : p. . l. . add is after that : p. . l. . r. of for in : p. . l. . put a comma after only : p. . l. . r. 't was : p. . l. . put a comma after nobility : l. . after londoners make a comma : so after citizens : l. . put a comma after amongst them : p. . l. . r. matilda : p. . l. . r. plectendum : l. . r. judicare : p. . l. . r. affuerunt : p. . l. . r. doveram : p. . l. . add the before free customs : l. . dele the : d . sheet of p. . l. . r. militibus : p. . l. . r. tenants us'd : p. . l. . r. de scuto : l. . r. the for their : p. . l. . dele s after acquaint : l. . r. record : p. . l. . r. negotium : p. . l. . r. retroactis : p. . l. . r. his instead of this : p. . margin . r. proprietariis : p. . r. baro : l. . put a comma after freeholders : p. . l. . r. that before us'd : p. . l. . add s to thing : p. . l. . add s to ●●mmuni . a catalogue of some books , lately printed for tho. basset at the george in fleet-street . an institution of general history , or the histo of the world in two volumns in folio , by dr. william howel , chancellor of lincoln . printed . historical collections , being an exact account of the proceedings of the four last parliaments of the renowned princess queen elizabeth , containing the journals of both houses , with their several speeches , arguments , motions , &c. in folio , writ by hayward townshend esq then a member of parliament , printed . the antient right of the commons of england asserted , or a discourse proving by records , and the best historians , that the commons of england were ever an essential part of parliament , by william petyt of the inner temple esq of the french monarchy , and absolute power , and also a treatise of the three states , and their power , deduced from the most authentick histories , for above years , and digested this latter , by mat. zampini de recanati . l. l. d. the constitution of parliaments in england , deduced from the time of king edward the second , illustrated by king charles the second , in his parliament summon'd the th . febr. / . and dissolved the th . jan. / . with an appendix of its sessions , in oct. the politicks of france , by monsieur p. h. marquis of c. with reflections on the th . and th . chapters : wherein he censures the roman clergy , and the hugenots ; by the sir l'ormegregny . le beau pleadeur , a book of entries containing declarations , informations , and other select and approved pleadings , with special verdicts , and demurrers , in most actions real , personal , and mixt , which have been argued , and adjudged in the courts at westminster , together with faithful references to the most authentick printed law books now extant , where the cases of these entries are reported , and a more copious and useful table than hath been hitherto printed in any book of entries , by the reverend sir humphrey winch knight , sometime one of the justices of the court of common pleas. a display of heraldry , manifesting a more easie access to the knowledg thereof than hath been hitherto published by any , through the benefit of method ; whereunto it is now reduced by the study and industry of john guillim ; late pursuivant at arms. the th . edition much enlarged with great variety of bearings , to which is added a treatise of honour military , and civil , according to the laws and customs of england , collected out of the most authentick authors both ancient and modern , by capt. john logan , illustrated with variety of sculptures suitable to the several subjects ; to which is added a catalogue of the atcheivments of the nobility of england , with divers of the gentry for examples of bearings . now in the press dr. heylins help to the english history , with very large additions . notes, typically marginal, from the original text notes for div a -e petyt 's appendix , p. . bracton . lib. . cap. . p. . charges upon the land according to the value or number of acres . charta johannis . regni , anno . tiguri , fol. . magna carta , cap. . iust . fol. . titles of honour , f. , & . rot. claus . johannis dorso m . rot pat. johannis pars unica m. . n. . ib. m. ● . dorso . magna charta cap. . confirmatio magna chartae facta . h . in consimili formâ cum magna charta . hen. . ( testibus & data exceptis ) exemplificata & confirmata . edw. . prout charta de forestâ . ex ms contemporaneâ statutor . penes sam. balduin equitem auratum & servient . ad legèm . et de scutagiis assidendis faciemas summoneri , &c. that is such of the majores as held intra 〈◊〉 . aid upon tenants in common socage . escuage upon tenants by knights service . chester . tit. honor. edit . p. . see leicester's survey of cheshire . . h. . m. paris fol. . ed. lond. tit. honour ed. p. . selden , ib. domesday in cheshire saith , comes tenet comitatum de rege . see leicester 's survey of cheshire . mat. p. fo . . ed. lond. anno . o. h. . m. p. an. . o. johannis . mat. pared . tig. f. . nequi magnates viz. comes , baro , miles seualiqua alia notabilis persona rot. claus . e. . m. . dor . m. p. f. . an. . o. rs. h. . nota , this shews that the tenants in capite were not all the council , because they in particular are taken notice of amongst them which came to that council . the earl of chester was not to attend the king in his wars , nor to pay escuage in lieu of military service , because all his tenure was to keep to the defence of the marches . rot. pat. h. . m. . dor . o. ed. . n. . sub custod . camerar in scaccario . rot. pat. . ed. . m. . rot pat . ed. . m. . bundella literar . in turre london . an. . h . ne qui magnates viz. comes , baro , miles seu aliqua alia notabilis persona , &c. rot. claus . e. . m. . dor . rot. parl. ed. . n. , . matt. par. p. . hooker eccles . lib. fol. . matt. paris ann. . johannis . matt. par. matt. par. knyghton . matt. west . fol. . matt. west . fol. . ms. cod. ex bib. dom. wild nuper defunct . note , a common lord had aid in the like case by king john's charter . william . seldeni ad fadmer . & notae & specilegium fol. . ib. cap. , . et ad judicium rectum & sustitiam constanter omnibus modis pro posse suo sine dolo & sine dilatione faciend . ib. knyghton , fol. . leges will. . servitutes rusticorum praediorum sunt haec , iter , actus , via , aquaeductus . digest . lib. . tit . . servitutum non ea natura est ut aliquid faciat , sed ut aliquid patiatur , vel non faciat , ib. fol. . sim dunelm . fol. . . will. . . inst . f●l . . inter brevia directa baron . de term . mich. ed. . m. . dorso penos rem . regis in scaccario . the same plea for the earl of glocest. and herts . allowed , ib. m. . inter brevia directa baron . de term. hill. ed. . penes rem . domini thes . in scaccario . inter communia de term mich. hen. . penes rem . domini regis in scaccario . rot. claus . hen. . m. . de term . hill. h. . penes rem . regis in scaccario . nota. supra inter communia de term. mich. penes rem . regis . m. p. fol. . ed. tig. ed. . cap. . coke . inst . . rot. claus . ed. . m. . dorso . ed. . cap. . in this part declarative of the law , as by king john's charter . carta , hen. . anno . vita aelfredi , fol. . ne qui magnates viz. comes , baro , miles seu aliquae alia notabilis persona , &c. rot. claus . . e. . m. . d. carta edgari regis ex registro de ramsey in scaccario penes rem . regis , fol. . thani autem appellatione , viri interdum nobiles interdum liberae conditionis homines , in terdum magistratus , atque saepenumerò ministri notantur , glos . ad finem lamb. archaionomia . vide hackwel 's ancient customs of england , p. , spelm. glossar . de hundred● . vide lambart . de priscis legibus . in vita aelfredi , fol. sym. dunelm . fol. . anno . so. mat. west . f. . of the hen. . adunato magno parliamento edicto regio . ead. l. . fol. . nobiles , minores sunt equites sive milites , armigeri & qui vulgo generosi & gentlemen dicuntur , camb. brit. fol. . lambert de priscis legibus . the county was satrapia , as they that composed it were satrapae , so in a ms. cited by mr. selden , a tryal is had at london before the principes , duces , lawyers and satrapae , and the same renewed at northampton , is said to be congregatâ ibi totâ provinciâ sive vicecomitatu coram cunctis . titles of honour , fol. , & . bromton , fol. . bromton . fol. . canuti leges . bracton , lib. . p. , in praecipuis festis profusè convivabat natale domini apud gloverniam , pascha apud wintoniam , pentecoste apud westm . quando in anglia foret tenere consuevit knyghton , fol. . william . an. . titles of honour , p. . eadmeri hist . nov . ● . . fol. . cod. roff. ms. seldeni notae in eadmer . fol. . ms. historia de terris aedel woldi scriptus est hic liber temporibus hen. . jussu herveri episc . eleensis primi . so the record inter com . de term. pasc . . r. e. fib . r. e. breve aliud p. . a. a jury . under tenants . lords of mannors . aliud . these had lands which belonged to the abby , as appears in the inquisition . eadmerus codex roff. seldens spic . ad edm. fo . . bracton fo . . cook. . rep. fo . . a. & b. gentlemans case . pl. dom. r. apud berwick super tweedam de octab. sanctae tr. an. r. ed. fil . r. h. º coram gilberto de thornton reog . brabazon . & rob. malet . just . ad pl , ejusdem dom. r. tenend . assignat . rot. pat. . h. . m. . & m. . stat. staple ed. . an. . sym : dunelm . f. . el. wygorn . f. . nec multo post ( viz. ) post curiam mandavit ut arch. ep. com. bar. vicecom . cum suis mi lit . sibi occurrerent , saresberiae quo cum venissent milites illorum sibi fidel . contra omnes homines jurare coegit . cowslli ins . juris , ang. de libertinis tit. . p. . inter leges wil. . cap. . seldeni ad ead. notae & spicel . stat. west . . rot. claus . . hen. . rot. claus . h. . p. . m. . it appears by another record that this shrivalty was of fee in the count according to the exception in the statute , which gives each county leave to chuse . rot. claus . an. . h. . vide leges edw. renov . wil. . isti vero viri viz. heretochii eligebantur per commune concilium , pro communi utilitate regni p● provincias & patrias universas & per singulos comitatus in pleno folemo●● sicut & vicecomites provinciarum & comitat. elegi debent . lambert a●chaio nomia ed cant. fo . . . iust . f. . 〈…〉 neither had we any of dignity although the office in some places hath been hereditary from antient time . until hen. . tit. of hon. . ed. p. . & . sym. dunelm . fo . . tit. of hon. ed. p. . assisa de armis . hen. . tit. hon. ed. p. . s. dunelm . lamb. archaionom . leges ed. f. . omnes proceres & milites & liberi homines universitotius regni britanniae facere debent in pleno folemote fidelitatem dom. regi coram episcopis regni . this seems to be meant of a court of all the counties and then confirms my sense . in express terms . claus . h. . m . dorso . rolls . rep. rot. claus . . e. . m. . dor . rot. claus . . e. . m. . dor . actus pontif . cant. autore gervatio dor. f. . antiq. brit. f. . relat. wil. primi ad finem tractat . de gavelkind a sylâ tay. ed. p. . r. hoveden fo . . fecit summoniri , &c. nobiles sapientes . &c. electi igitur de sing . totius patriae comit. viri duodecim , &c. lamberts archionom . fo . . seld. spicil . f. . an. . will. . gerv. dorob . actus pontif . f. . tota angliae nobititas in unum collecta , quasi sub numero non cadebat , matt. paris p. . monachus anongm . ord. st. bened . p . an. . will. . ( i. e. ) curia regis , ord●ricus vitalis fol. . an. . will. . s. dunelm . fol. . spelm. glos . ▪ part . fol. . tit . parl. seldeni aut & spic . ad eadmerum , fol. . an. . bromton , fol. . malmesb. fol. . s. dunelm fol ▪ . rog. hoveden , fol. . an. . bromton , fol. . an. . will. . order . vital . fol. . an. . . will. . eadmerus , fol. . gondulfus roff. ep. monac . bec. inter anselm . epist . lib. . an. . . will. . eadmerus , fol. , & . eadmerus , fol. . an. . . will. . fol. . fol. . fol. . fol. . fol. . spelman concil . vol. . fol. . jewelli apcontra hard. fol. . eadmerus , fol. . eadmerus , fol. . an . . will. . eadmerus , fol. . eadmerus , fol. . spelman glos . . part . tit . par. sim. dunelm . fol. . an. . titles of honour . . ed. p. . rad. de diceto . fol. . christmass court. huntington fol. . note , he lived but in the time of henry the eighth . lambert's archaion , pag. ● , . pag. . eadmerus , fol. . fol. . & . matt. paris , ed. tig. fol. . mat. par. f. , & . florentius wigorn. an. . an. . hen. . huntington fol. . stephani an. . rich. hagustal . p. . joh. hagust . f. . mat. par. f. . rich. hagust . f. . an. . . step. malmsbury f. , & . malmsbury hist. nov. . p. . . stat. of merton . cap. . inst . f. . statuta regni polonici . continua . ad floren. wig. f. . an. . step. h. hunt f. . an. . neubergensis p. . radulphi polycron . . . stephani ger. dorober . f. . an. . h. hunt f. . . step. neu●ergensis lib. . c. . brompton f. . henr. . hen. . an. . vid still . answer to cressy 's apol . à p. . usque ad finem . titles of honour , fol. . m. p. fol. . ma. west . fol. . gervasius dor. fol. . imag. hist . fo . . antiq. brit. in vitâ tho. becket fo . . hoveden fo . . answer to cressy's apol. p. . article conc. clar. grand quest . p. . ed. . qui habent personatum . ger. dorob . fo . . cum baronibus suis , seldens jan. angl. facies altera , p. ● com. de term. pasch . ed. . penes rem . dom. thes . in scac . jani anglorum facies altera , p. . hoveden , fo . . tit. of honour , fo . . evocantur quidam vicecomites & secundae dignitatis barones , antiqui dierum , ut addantur tis & assint judicio , stephan . ms. magna charta , cap. . this explained by articuli super chart . stat. ed. . de tallagio non concedendo . britton p. . the king 's bench. debent interesse judic . curiae regis , &c. usque perveniatur in judicio . gerv. dorob . & vat . cop . quousque perveniatur ad diminutionem membrorum vel ad mortem . ma. par. & others . this the author of the grand question follows as most authentick . bracton lib. . cap. . p. . grand question , p. . grand quest . p. . still . answer to cressy , à p. . ad p. . p. . grand quest . p. . titles of honour , fo . . so of glocest . bote war man shall be belemed other to deth ido . jani anglorum facies altera , p. . grand quest . p. . p. . grand quest . p. . ejus simplex prohibitio . steph. ms. grand quest . p. . glanvile de legibus lib. . c. . glanv . p. . stephanides . so gerv. dorob . f. . grand question , p. . cook de jure regis ecclesiastico . . rep. gervasius dorob . f. . ex communi consilio , nos inquiunt , eum appellabimus coram papâ , de facili convincetus , sine remedio deponetur , quae cum plurimum placerent regi , exierunt omnes ep. gerv. dor. f. . gerv. dor. f. . p. . grand question , p. . grand question , p. . concil . toletan . . cap. . edit . madr. f. . 〈…〉 grand question , p. . spelman 's concil . vol. f. . an. . hen. . pa. . ann. . h. . gerv. dor. f. . grand question , p. . hoveden , f. . grand quest . p. . ed. . cap. . jewel contra ward , p. . hen. . cap . ex cod. ms. in bib. cot. sub effigie domitiani , a. . n. . spelm. conc. v. . f. . malmesburiensis , f. . spelm. conc. vol. . f. . ex pervetusto ms. cod. in bibl . cot. sub effigie cleopatrae . c. . f. . eadmer . hist . nov. f. . eadmer . f. . f. . contin . ad flor. wigor . an. . h. . contin . ad flor. f. . chronica ger. dorob . f. . 〈…〉 sup . n. this was according to the modus tenendi synodos , secundum ordinationis suae tempus resideant , only that the modus more particularly referred to the inferiour clergy in that . hen. . anno . hen. . bendictus abbas sub effigie julii ad. f. . int. bib. cott. hen. . glos . tit. finis . rich. . anno . bromton . fol. . spelm. con. vol. f. . poltons stat. f. . stat. asporta is religiosorum . bromton . f. . anno . bromton . f. . this seems to have been a great council on the court day . k. john anno . jo. knyghton . f. . carta moderationis feodi magni sigilli an . . joh. ex vet. registr . in archivis cant. arch. ma. par. fol. . anno . joh. rot. cant. jo. m. . n. . & rot. cart . jo. p. , . m. . n. . eadmerus . fo . . malmesbury . fo . . mat. par. . jo. . mat. par. fo . . m. par. 〈…〉 celebrata igitur apud portesmue solemnitate pentec . ib. joh. anno . m. p. f. . joh. . ma. par. fol. . natale celebravit . ma. par. f. . rot. pat. jo. m. . dorso . m. . dors . joh. ● jo. . ma. par. f. . m. west . f. . rot. pat. & jo. m. . dorso . jo. . archiepisc . episc . abbates , priores , comites , barones milites & & alii magnates regni angliae . a. h. . fleta . lib. . c. . f. . jo. . jo. . jo. . jo. . . jo. ma. par. f. . of being reputed a turntail or runaway . mat. par. f. . stat. ed. . pryn 's king john , f. . fol. . . . mat. par. fol. . jo. ad natale curiam suam tenuit , apud windleshores . m. paris ad . tig. f. . titles of honour , fo . . bracton lib. . p. . b. so rot. finium h. . m. . dorso . the head-borough . rot. pat. h. . mat. par. f. . magna charta , jo. an. . pat. ed. . m. . in primo generali parl. nostro post coronationem . charta johannis . an. . h. . mat. paris ●d tig. f. . mag. charta , cap. . legier book of ely. hundred . inter communia de termino sancti michaelis , an. e. . pro hominibus villae de coventre . mat. par. f. . nota before the large and comprehensive acceptation of magnates regni . rot. claus . h. . m. . c. . dorso . to the sheriff of bedford and bucks . mat. par. f. . mat. par. f. . anno . hen. . mat. par. f. . mat. west . f. . rot. claus . hen. . m. . inter communia term. s. mich. e. . penes remem . dom. thes . in scaccario . rot. claus . e. . m. . rastalls statutes p. . e. . e. . stat. e. . statutum stapulae . rot. pat. hen. . m. . dorso . fleta f. . inter communia de term. mich. anno ed. . rot. . dorso . communiae de term. sancti hill ’ anno regis ed. . penes remem . regis in scaccario . inter communia de term. paschae penes rem . in scaccario . rot. pat. . h. . rot. claus . . h. . m. . rot. claus . . h. . rot. pat. . h. . m. . nota women granting . rot. claus . . h. . m. b. inter communia de term. sancti mich. anno . h. . rot. . de scut . levand . h. . or at least . rot. claus . h. . m. . bundela literarum in turre lond. a. h. . rot. claus . h. . m. . dorso . rot. claus . h. . m. . dorso . the clergy that were landed-men or free-holders . rot. claus . h. . pars unica . m. . rot. claus . h. . m. . rot. claus . ● h. . m. . dorso . rot. claus . h. . m. . dorso . rot. pat. h. . m. . rot. claus . h. m. . dorso . mat. par. anno . vid. more at large mr. petit's rights of the commons of england , asserted from , to . rot. claus . h. . m. . dorso . rot. h. . m. . rot. pat. h. . m. . rot. pat. h. . m. . rot. claus . h. . m. . dorso . rot. pat. h. . m. . n. . anno th . h. . . rot. pat. h. . pars unica . m. . dorso . n. . vid. rot. claus . h. . m. . dorso . consideratum fuit in curiâ nostra coram nobis & toto parliamento nostro . titles of honour . p. . ex satis antiquo authore loquor . anno. . . jac. . ordines angliae . p. . titles of honour . fol. . titles of honour . f. , . glos . tit . baro. proceres nempe & maneriorum domini nec non liberè quique tenentes , hoc est fundorum proprietariis anglicè free-holders , hoc nomine contineri videtur antiquis paginis . claus . h. . m. . dorso . communia de term sancti hill ’ anno ed. . rot. penes rem . domini thes in scaccario . pro thomâ de furnivall seniore exonerando . titles of honour . fol. . glos . tit . baro. in charta johannis . . instit . claus . dors . r. . m. . titles of honour . ● . r. . cap. . anno . vid. prin● ▪ first part of parl ’ writs . p. . titles of honour . fol. . rot. parl. h. . m. . n. . ib. cited , &c. countess of rutland 's case , coke . rep. fol. . standish's case . kelloways rep. . . selden ad eadm . spelm. con. . vol. fol. . mat. westm . fol. . anno . eadmerus , f. . glos . tit . ingenuus . glos . d . part , tit . parlamentum , ed. lond. anno . a discourse concerning militia's and standing armies with relation to the past and present governments of europe and of england in particular. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse concerning militia's and standing armies with relation to the past and present governments of europe and of england in particular. fletcher, andrew, - . p. [s.n.], london printed : . attributed by wing to andrew fletcher. reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. great britain -- history, military. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse concerning militia's and standing armies , with relation to the past and present governments of evrope , and of england in particular . res est periculi plena , summam rei publicae hominibus mercenariis , sine re , sine spe , quidvis ob pecuniam ausuris , committere ; quorum profundam avaritiam incendat ad nova molienda occasio , & fortuna secum fidem circumagat . thuan. hist . london , printed in the year . a discourse concerning militia's and standing armies . there is not perhaps in humane affairs any thing so unaccountable as the indignity and cruelty with which the far greater part of mankind suffer themselves to be used under pretence of government . for some men falsly perswading themselves that bad governments are advantageous to them , as most conducing to gratify their ambition , avarice and luxury , set themselves with the utmost art and violence to procure their establishment : and almost the whole world has been trampled under foot , and subjected to tyranny , for want of understanding by what methods they were brought into it . for tho mankind take great care and pains to instruct themselves in other arts and sciences , yet very few apply themselves to consider the nature of government , an enquiry so useful and necessary both to magistrate and people . nay , in most countries the arts of state being altogether directed either to enslave the people , or to keep them under slavery , it is become almost every where a crime to reason about matters of government . but if men would bestow a small part of the time and application which they throw away upon curious but useless studies , or endless gaming , in perusing those excellent rules of government which the antients have left us , they would be enabled to discover all such abuses and corruptions as tend to the ruine of publick societies . 't is therefore very strange that they should think study and knowledg necessary in every thing they go about , except in the noblest and most useful of all applications , the art of government . now if any man in compassion to the miseries of a people should endeavour to disabuse them in any thing relating to government , he will certainly incur the displeasure , and perhaps be pursued by the rage of those , who think they find their account in the oppression of the world ; but will hardly succeed in his endeavours to undeceive the multitude . for the generality of all ranks of men are cheated by words and names ; and provided the antient terms and outward forms of any government be retained , let the nature of it be never so much altered , they continue to dream that they shall still enjoy their former liberty , and are not to be awakned till it prove too late . of this there are many remarkable examples in history ; but that particular instance which i have chosen to insist on , as most sutable to my purpose , is , the alteration of government which happened in most countries of europe about the year . and 't is worth observation , that tho this change was fatal to their liberty , yet it was not introduced by the contrivance of ill-designing men ; nor were the mischievous consequences perceived , unless by a few wise men , who , if they saw it , wanted power to prevent it . two hundred years being already passed since this alteration began , europe has felt the effects of it by sad experience ; and the true causes of the change are now become more visible . to lay open this matter in its full extent , it will be necessary to look farther back , and examin the original and constitution of those governments that were established in europe about the year , and continued till this alteration . when the goths , vandals , and other warlike nations , had at different times , and under different leaders , over-run the western parts of the roman empire , they introduced the following form of government into all the nations they subdued . the general of the army became king of the conquered country ; and the conquest being absolute , he divided the lands amongst the great officers of his army , afterwards called barons ; who again parcelled out their several territories in smaller portions to the inferiour souldiers that had followed them in the wars , and who then became their vassals , enjoying those lands for military service . the king reserved to himself some demeasnes for the maintenance of his court and attendance . when this was done , there was no longer any standing army kept on foot , but every man went to live upon his own lands ; and when the defence of the country required an army , the king summoned the barons to his standard , who came attended with their vassals . thus were the armies of europe composed for about eleven hundred years ; and this constitution of government put the sword into the hands of the subject , because the vassals depended more immediately on the barons , than on the king ; which effectually secured the freedom of those governments . for the barons could not make use of their power to destroy those limited monarchies , without destroying their own grandeur ; nor could the king invade their privileges , having no other forces than the vassals of his own demeasnes to rely upon for his support in such an attempt . i lay no great stress on any other limitations of those monarchies ; nor do i think any so essential to the liberties of the people , as that which placed the sword in the hands of the subject . but since in our time most princes of europe are in possession of the sword , by standing mercenary forces kept up in time of peace , and absolutely depending upon them , i say that all such governments are changed from monarchies to tyrannies . nor can the power of granting or refusing money , tho vested in the subject , be a sufficient security for liberty , where a standing mercenary army is kept up in time of peace : for he that is arm'd , is always master of the purse of him that is unarm'd . and not only that government is tyrannical , which is tyrannically exercised ; but all governments are tyrannical , which have not in their constitution a sufficient security against the arbitrary power of the prince . i do not deny that these limited monarchies during the greatness of the barons , had some defects : i know few governments free from them . but after all , there was a balance that kept those governments steady , and an effectual provision against the encroachments of the crown . i do less pretend that the present governments can be restored to the constitution before-mentioned . the following discourse will show the impossibility of it . my design is , first of all to explain the nature of the past and present governments of europe , and to disabuse those who think them the same , because they are called by the same names ; and who ignorantly clamour against such as would preserve that liberty which is yet left . in order to this , and for a further and clearer illustration of the matter , i shall deduce from their original the causes , occasions , and the complication of those many unforeseen accidents , which falling out much about the same time , produced so great a change. and it will at first sight seem very strange , when i shall name the restoration of learning , the invention of printing , of the needle and of gunpowder , as the chief of them ; things in themselves so excellent , and which , the last only excepted , might have proved of infinite advantage to the world , if their remote influence upon government had been obviated by sutable remedies . such odd consequences , and of such a different nature , accompany extraordinary inventions of any kind . constantinople being taken by mahomet the second , in the year , many learned greeks fled over into italy ; where the favourable reception they found from the popes , princes , and republicks of that country , soon introduced amongst the better sort of men , the study of the greek tongue , and the antient authors in that language . about the same time likewise some learned men began to restore the purity of the latin tongue . but that which most contributed to the advancement of all kind of learning , and especially the study of the antients , was the art of printing ; which was brought to a great degree of perfection a few years after . by this means their books became common , and their arts generally understood and admired . but as mankind from a natural propension to pleasure , is always ready to chuse out of every thing what may most gratify their vicious appetites ; so the arts which the italians first applied themselves to improve , were principally those that had been subservient to the luxury of the antients in the most corrupt ages , of which they had many monuments still remaining . italy was presently filled with architects , painters ▪ and sculptors ; and a prodigious expence was made in buildings , pictures and statues . thus the italians began to come off from their frugal and military way of living , and addicted themselves to the pursuit of refined and expensive pleasures , as much as the wars of those times would permit . this infection spread it self by degrees into the neighbouring nations . but these things alone had not been sufficient to work so great a change in government , if a preceding invention , brought into common use about that time , had not produced more new and extraordinary effects than any had ever done before ; which probably may have many consequences yet unforeseen , and a farther influence upon the manners of men , as long as the world lasts : i mean , the invention of the needle , by the help of which navigation was greatly improved ; a passage opened by sea to the east-indies , and a new world discovered . by this means the luxury of asia and america was added to that of the antients ; and all ages , and all countries concurred to sink europe into an abyss of pleasures ; which were rendred the more expensive by a perpetual change of the fashions in clothes , equipage and furniture of houses . these things brought a total alteration in the way of living , upon which all government depends . 't is true , knowledg being mightily increased , and a great curiosity and nicety in every thing introduced , men imagined themselves to be gainers in all points , by changing from their frugal and military way of living , which i must confess had some mixture of rudeness and ignorance in it , tho not inseparable from it . but at the same time they did not consider the unspeakable evils that are altogether inseparable from an expensive way of living . to touch upon all these , tho slightly , would carry me too far from my subject ; i shall therefore content my self to apply what has been said , to the immediate design of this discourse . the far greater share of all those expences fell upon the barons ; for they were the persons most able to make them , and their dignity seemed to challenge whatever might distinguish them from other men , this plunged them on a sudden into so great debts , that if they did not sell , or otherwise alienate their lands , they found themselves at least obliged to turn the military service their vassals owed them , into money ; partly by way of rent , and partly by way of lease , or fine for paiment of their creditors . and by this means the vassal having his lands no longer at so easy a rate as before , could no more be obliged to military service , and so became a tenant . thus the armies , which in preceding times had been always composed of such men as these , ceased of course , and the sword sell out of the hands of the barons . but there being always a necessity to provide for the defence of every country , princes were afterwards allowed to raise armies of volunteers and mercenaries . and great sums were given by diets and parliaments for their maintenance , to be levied upon the people grown rich by trade , and dispirited for want of military exercise . such forces were at first only raised for present exigencies , and continued no longer on foot than the occasions lasted . but princes soon found pretences to make them perpetual , the chief of which was the garisoning frontier towns and fortresses , the methods of war being altered to the tedious and chargeable way of sieges , principally by the invention of gunpowder . the officers and souldiers of these mercenary armies depending for their subsistence and preferment , as immediately upon the prince , as the former militia's did upon the barons , the power of the sword was transferred from the subject to the king , and war grew a constant trade to live by . nay , many of the barons themselves being reduced to poverty by their expensive way of living , took commands in those mercenary troops ; and being still continued hereditary members of diets , and other assemblies of state , after the loss of their vassals , whom they formerly represented , they were now the readiest of all others to load the people with heavy taxes , which were employed to increase the prince's military power , by guards , armies , and citadels , beyond bounds or remedy . i am not ignorant that before this change , subsidies were often giv●● by diets , states and parliaments for maintaining wars ; but these were small , and no way sufficient to subsist such numerous armies as those of the barons militia . what i have said hitherto has been always with regard to one or other , and often to most countries in europe . what follows will have a more particular regard to england ; where , tho the power of the barons be ceased , yet no mercenary troops are yet established . the reason of which is , that england had before this great alteration lost all her conquests in france , the town of calais only excepted ; and that also was taken by the french , before the change was thorowly introduced . so that the kings of england had no pretence to keep up standing forces , either to defend conquests abroad , or to garison a frontier towards france , which was their formidable enemy , since the sea was now become the only frontier between those two countries . henry the seventh seems to have perceived the alteration before-mentioned more than any prince of his time , and obtained several laws to favour and facilitate it . but the succeeding princes were altogether improper to second him : for henry the eighth was an unthinking prince . the reigns of edward the sixth , and queen mary , were short , and queen elizabeth loved her people too well to attempt it . king james the first was a stranger , and of no interest abroad . king charles the first did indeed endeavour to make himself absolute , tho somewhat preposterously ; for he attempted to seize the purse , before he was master of the sword. but very wise men have been of opinion , that if he had been possessed of as numerous troops as those which were afterwards raised , and constantly kept up by king charles the second , he might easily have succeeded in his enterprize . for we see that in those struggles which the country party had with king charles the second , and in those endeavours they used to bring about that revolution which was afterwards compassed by a foreign power , the chief and insuperable difficulty they met with , was from those forces . and tho king james the second had provoked the nation to the last degree , and made his own game as hard as possible , not only by invading our civil liberties , but likewise by endeavouring to change the established religion for another which the people abhorred , whereby he lost their affections , and even those of a great part of his army ; yet notwithstanding all this mismanagement , england stood in need of a foreign force to save it ; and how dangerous a remedy that is , the histories of all ages can witness . 't is true , this circumstance was favourable to the nation , that a prince who had married the next heir to the crown , was at the head of our deliverance ; yet did it engage us in a long and expensive war. and now that we are much impoverished , and by means of our former riches and present poverty , fallen into all the corruptions which those great enemies of vertue want , and excess of riches can produce ; that there are such numbers of mercenary forces on foot at home and abroad ; that the greatest part of the officers have no other way to subsist ; that they are commanded by a wise and active king , who has at his disposal the formidable land and sea forces of a neighbouring nation , the great rival of our trade : a king , who by blood , relation , other particular ties , and common interest , has the house of austria , most of the princes of germany , and potentates of the north , for his friends and allies ; who can , whatever interest he join with , do what he thinks fit in europe : i say , if a mercenary standing army be kept up , ( the first of that kind , except those of the usurper cromwel and the late king james , that england has seen for thirteen hundred years ) i desire to know , where the security of the liberties of england lies , unless in the good will and pleasure of the king : i desire to know , what real security can be had against a standing army of mercenaries , backed by the corruption of a nation , the tendency of the way of living , the genius of the age , and the example of the world. having shown the difference between the past and present government of england , how precarious our libert●●● are and how from having the best security 〈◊〉 them we are in hazard of having none at al●… 't is to be hoped that those who are for a standing army , and losing no occasion of advancing and extending the prerogative , from a mistaken o●inion that they establish the antient government of england , will see what sort of patriots they are . but we are told , that only standing mercenary forces can defend england from the perpetual standing armies of france . however frivolous this assertion be , as indeed no good argument can be brought to support it , either from reason or experience ; yet allowing it to be good , what security can the nation have , that these standing forces shall not at some time or other be made use of to suppress the liberties of the people , tho not in this king's time , to whom we owe their preservation ? for i hope there is no man so weak to think , that keeping up the army for a year , or for any longer time than the parliament shall have engaged the publick faith to make good all deficiencies of funds granted for their maintenance , is not the keeping them up for ever . 't is a pitiful shift in the undertakers for a standing army , to say , we are not for a standing army ; we are ▪ only for an army from year to year , or till the militia be made useful . for england cannot be in any hazard from france ; at least , till that kingdom , so much exhausted by war and persecution , shall have a breathing space to recover . before that time our militia will be in order ; and in the mean time our fleets . besides , no prince ever surrendred so great countries , and so many strong places , i shall not say , in order to make a new war ; but , as these men will have it , to continue the same . the french king is old and diseased , and was never willing to hazard much by any bold attempt . if he , or the dauphin , upon his decease , may be suspected of any farther design , it must be upon the spanish monarchy , in case of the death of that king. and if it be objected , that we shall stand in need of an army , in such a conjuncture ; i answer , that our part in that , or in any other foreign war , will be best managed by sea , as shall be shown hereafter . let us then see if mercenary armies be not exactly calculated to enslave a nation . which i think may be easily proved , if we consider that such troops are generally composed of men who make a trade of war , and having little or no patrimony , or spent what they once had , enter into that employment in hopes of its continuance during life , not at all thinking how to make themselves capable of any other . by which means heavy and perpetual taxes must be entail'd for ever upon the people for their subsistence ; and since all their relations stand engaged to support their interest , let all men judg , if this will not prove a very united and formidable party in a nation . but the undertakers for a standing army will say ; will you turn so many gentlemen out to starve , who have faithfully served the government ? this question i allow to be founded upon some reason . for it ought to be acknowledged in justice to our army , that on all occasions , and in all actions , both officers and souldiers have done their part . and therefore i think it may be reasonable , that all officers and souldiers of above forty years , in consideration of their unfitness to apply themselves at that age to any other employment , should be recommended to the bounty of the parliament . but the undertakers must pardon me if i tell them , that no well-constituted government ever suffered any such men in it , whose interest leads them to imbroil the state in war , and are an useless and insupportable burden in time of peace . carthage , after the first roman war , found how dangerous they were : and holland , in the year , how useless to defend them . if ever any government stood in need of such a sort of men , 't was that of antient rome , because they were engaged in perpetual war. the argument can never be so strong in any other case . but the romans well knowing such men and liberty to be incompatible , and yet , being under a necessity of having armies constantly on foot , made frequent changes of the men that served in them ; who , when they had been some time in the army , were permitted to return to their possessions , trades , or other employments . and to show how true a judgment that wise state made of this matter , it is sufficient to observe , that those who subverted that government , the greatest that ever was amongst men , found themselves obliged to continue the same souldiers always in constant pay and service . there is another thing which i would not mention if it were not absolutely necessary to my present purpose ; and that is , the usual manners of those who are engaged in mercenary armies . i speak now of officers in other parts of europe , and not of those in our army , allowing them to be the best ; and if 〈◊〉 〈◊〉 〈◊〉 have it so , quite different from all ●thers will not apply to them any part of what i shall say concerning the rest . they themselves best know how far any thing of th●● nature may be applicable to them . i say th●●… most princes of europe having put themselve upon the foot of keeping up forces , rather 〈◊〉 〈◊〉 than well entertain'd , can give but small allowance to officers , whom , notwithstanding , they permit to live in all that extravagancy which mutual example and emulation prompts them to . by which means the officers become insensibly engaged in numberless oppressions and cruelties , the colonels against the captains , and the captains against the inferior souldiers . so that there is hardly any sort of men who are less men of honour than the officers of mercenary forces : and indeed honour has now no other signification amongst them than courage . besides , most men that enter into those armies , whether officers or souldiers , as if they were obliged to show themselves new creatures , and perfectly regenerate , if before they were modest or sober , immediately turn themselves to all manner of debauchery and wickedness , committing all kind of injustice and barbarity against poor and defenceless people . now tho the natural temper of our men be more just and honest than that of the french , or of any other people , yet may it not be feared , that such bad manners may prove contagious ? and if such manners do not fit men to enslave a nation , devils only must do it . on the other hand , if it should happen that the officers of a standing army in england should live with greate●… 〈◊〉 〈◊〉 〈◊〉 and modesty than was ever yet seen in that sort of men , it might very probably fall out , that being quarter'd in all parts of the country , they might be returned members of parliament for most of the electing boroughs ; and of what consequence that would be , i leave all men to judg . so that whatever be the conduct of a mercenary army , we can never be secure as long as any such force is kept up in england ; and i confess i do not see by what rules of good policy any mercenary forces have been connived at either in england or elsewhere . sure , 't is allowing the dispensing power in the most essential point of the constitution . the subjects formerly had a real security for their liberty , by having the sword in their own hands . that security , which is the greatest of all others , is lost ; and not only 〈◊〉 , but the sword is put into the hand of the king by his power over the militia . all this is not enough ; but we must have a standing army of mercenaries , who for the most part have no other way to subsist and consequently are capable to execute any commands . and yet every ma●… 〈◊〉 think his ●●●…erties as safe as ever , under pain of being tho●●ht disaffected to the monarchy . but sure it must not be the antient limited and legal monarchy of england , that these gentlemen mea it must be a french fashion of monarchy , where the king has power to do what he pleases , and the people no security for any thing they possess . we have quitted our antient security , and put the militia into the power of the king. the only remaining security we have is , that no standing army was ever yet allowed in time of peace , the parliament having so often and so expresly declared it to be contrary to law. if a standing army be allow'd , what difference will there be between the government we shall then live under , and any kind of government under a good prince ? of which there have been some in the most despotick tyrannies . if this be a limited and not an absolute monarchy ▪ then , as there are conditions , so there ought to be securities on both sides . the barons never pretended that their militia's should be constantly on foot , and together in bodies , in times of peace . 't is evident that would have subverted the constitution , and made every one of them a petty tyrant . and 't is as evident , that standing forces are the fittest instruments to make a tyrant , tho not of so gracious a prince as we now live under , yet , to be sure , of some of his successors . whoever is for making the king's power too great or too little , is an enemy to the monarchy . but to give him a standing army , puts his power beyond controul , and consequently makes him absolute . if the people had any other real security for their liberty than that there be no standing army in time of peace , there might be some colour to demand it . but if that only remaining security be taken away from the people , we have destroyed the monarchy . 't is pretended , we are in hazard of being invaded by a powerful enemy ; shall we therefore destroy our constitution ? what is it then that we would defend ? is it our persons , by the ruine of our constitution ? in what then shall we be gainers ? in saving our lives by the loss of our liberties ? if our pleasures and luxury make us live like brutes , it seems we must not pretend to reason any better than they . i would fain know , if there be any other way of making a prince absolute , than by allowing him a standing army : if by it all princes have not been made absolute ; if without it , any . whether our enemies shall conquer us is uncertain . but whether a standing army will enslave as , neither reason nor experience will suffer us to doubt . 't is therefore evident , that no pretence of danger from abroad , can be an argument to keep up a standing army , or any mercenary forces . let us now consider whether we may not be able to defend our selves by a well-regulated militia against any foreign force , tho never so formidably ▪ that the nation may be free from the fears of invasion from abroad , as well as from the danger of slavery at home . 't is well known , that after the barons had lost the military service of their vassals , militia's of some kind or other were established in most parts of europe . but the prince having the power of naming and preserring the officers of these militia's , they could he no balance in government as the former were . and he that will consider what has been said in this discourse , will easily perceive that the essential quality requisite to such a militia , as might fully answer the ends of the former , must be that the officers should be named and preferr'd , as well as they and the souldiers paid , by the people that set them out . so that if princes look upon the present militia's as not capable of defending a nation against foreign armies ; the people have little reason to entrust them with the defence of their liberties . 't is as well known that after the dissolution of that antient militia under the barons , which made this nation so great and glorious , tho , by setting up militia's generally through europe , the sword came not into the hands of the commons ; which was the only thing could have continued the former balance of government , but was every where put into the hands of the king : nevertheless ambitious princes , who aimed at absolute power , thinking they could never use it effectually to that unless it were ●●●●ed by mercenaries , and ●…en that had no other 〈◊〉 〈◊〉 the co●mon-we●●th then their 〈◊〉 have still endeavoured by all means to discredit militia's , and render 〈◊〉 〈◊〉 〈◊〉 to the people , by never suffering them to 〈◊〉 〈◊〉 〈◊〉 right , or so much as tolerable 〈◊〉 〈◊〉 and all to per●●●… the 〈◊〉 of 〈◊〉 〈◊〉 〈◊〉 . and indeed they have succeeded too well in this design : for the greatest part of the world has been fool'd into an opinion , that a militia cannot be made serviceable . i shall not say 't was only militia's could conquer the world ; and that princes to have succeeded fully in the design before-mentioned , must have destroyed all the history and memory of antient governments , where the accounts of so many excellent models of militia are yet extant . i know the prejudice and ignorance of the world concerning the art of war , as it was practised by the antionts ; tho what remains of that knowledg in their writings be sufficient to give a mean opinion of the modern discipline . for this reason i shall examine , by what has passed of late years in this nation , whether experience have convinced us , that officers bred in foreign wars , be so far preserable to others who have been under no other discipline than that of an ordinary and ill-regulated militia ; and if the commonalty of england at their first entrance upon service , be not as capable of a resolute military action , as any standing forces . the battel of naseby will fully resolve this doubt , which is generally thought to have been the deciding action of the late civil war. the number of forces was equal on both sides ; nor was there any advantage in the ground , or extraordinary accident that happened during the fight , which could be of considerable importance to either side . in the army of the parliament , nine only of the officers had served abroad , and most of the souldiers were prentices drawn out of london but two months before . in the king's army there was above a thousand officers that had served in foreign parts : yet were they routed and broken by those new-raised prentices ; who were observed to be obedient to command , and brave in fight ; not only in that action , but on all occasions during that active campagn . the people of this nation are not a dastardly crew , like those born in misery under oppression and slavery , who must have time to rub off that fear , cowardice and stupidity which they bring from home . and tho officers seem to stand in more need of experience than private souldiers , yet in that battel it was seen , that the sobriety , and principle of the officers on the one side , prevailed over the experience of those on the other . 't is well known that divers regiments of our army lately in flanders have never been once in action , and not one half of them above thrice , nor any of them five times during the whole war. o , but they have been under discipline , and accustomed to obey ! and so may men in militia's . we have had to do with an enemy , who , tho abounding in numbers of excellent officers , yet durst never fight us without a visible advantage . is that enemy like to invade us , when he must be unavoidably necessitated to put all to hazard in ten days , or starve , unless we will suppose we are to have no fleet at all ? but to come to some of the capital errors committed by those that established the modern militia's , besides what has been already mentioned ; one of the chief was , the discontinuing to exercise the whole people , for which there were many excellent and wholsome laws in this nation , and almost every where else . another error was , the taking men without distinction , and , for the most part , the scum of the people into that small number which they listed and exercised . whereas if a small number only was to be exercised , no man of quality or riches ought to be excused from that duty . thus it was , that these militia's fell into contempt ; and men of quality and estates having power to send any wretched servant in their place , became themselves abject and timorous , by being disused to handle arms , 't is well observed by a judicious author , that 't is easier to exercise a greater number than a less ; and consequently all that are able to bear arms in a nation , than a small number pickt out of a wide country ; who must march far , and be from home several days at each exercise . and perhaps it might be found an unnecessary trouble and burden , to have certain numbers of men listed and formed into bodies in time of peace , if the whole people were exercised , and an easy method laid down , by which such numbers of men as shall be thought convenient , may always be drawn out , even upon the most sudden occasion . for by this means the choice will be greater , as it ought to be , that so trade , manufactures and husbandry may be as little disturbed as possible , since the impediments of the several conditions of men are so many and so various . 't will be said , that i insist much upon the errors of the present militia , and do not propose a new model by which they may be amended . i answer , a parliament only can do that . the people are to tell wherein they are agrieved , and what is amiss : it belongs only to that wise council to apply sutable remedies : which cannot be difficult when the causes of the disease are discovered . and there are many models of militia , both antient and modern , from which divers useful things may be taken . of the fleet i shall say little , having chiefly undertaken to speak of militia's and standing forces . but surely england cannot justly apprehend an invasion , if the fleet alone were in such order as it ought to be . and it can never be the interest of this nation to take any other share in preserving the balance of europe , than what may be performed by our fleets . by which means our money will be spent amongst our selves , our trade preserved to support the charge of our navy ; our enemies totally driven out of the sea , and great numbers of their forces diverted from opposing the armies of our allies abroad , to the defence of their own coasts . if this method had been taken in the late war , i presume it would have proved , not only more advantagious to us , but also more serviceable to our allies than that which was followed . and 't is in vain to say , that at this rate we shall have no allies at all : for the weaker party on the continent must be contented to accept our assistance in the manner we think fit to give it , or inevitably perish . but if we send mercenary forces beyond the seas to join those of our allies then , at the end of every war ▪ the present struggle will recur , and at one time or other the nation will be betrayed , and a standing army established : so that nothing can save us from following the fate of all the other kingdoms in europe , but putting our trust altogether in our fleets and militia's , and having no other forces than these . the sea is the only empire which can naturally belong to us . conquest is not our interest , much less to consume our people and treasure in conquering for others . to conclude ; if we seriously consider the happy condition of this nation , who have lived for many ages under the blessings of liberty , we cannot but be affected with the most tender compassion to think that a country , whose fields are every where well cultivated and improved by the industry of rich husbandmen ; her rivers and harbours filled with ships ; her cities , towns , and villages , enrich'd with manufactures ; where men possessing vast estates , are not hated and abhorred as in other countries , but deservedly blessed , by the poorer sort of people ; whose merchants live in as great splendor as the nobility of other nations , and whose commonalty not only surpasses all those of that degree which the world can now boast of , but also those of all former ages , in courage , honesty , good sense , industry , and generosity of temper ; in whose very looks there are such visible marks of a free and liberal education , which advantages cannot be imputed to the climate , or to any other cause , but the freedom of the government under which they live : i say , it cannot but make the hearts of all honest men bleed to think , that in their days the felicity of such a country must come to a period , if the parliament do not prevent it , and his majesty be not prevailed upon to lay aside the thoughts of a mercenary army , which tho it may seem a security in his time , yet by being continued , as will inevitably come to pass , must produce , under his successors , those fatal consequences that have always attended such forces in the other kingdoms of europe ; violation of property , decay of trade , oppression of the country by heavy taxes and quarters , the utmost misery and slavery of the poorer sort , the ruine of the nobility and gentry by their expences in court and army , deceit and treachery in all ranks of men , occasioned by want and necessity . then shall we see our once happy commonalty become base and abject , by being continually exposed to the brutal insolence of the souldiers , our women debauch'd by their lust , ugly and nasty through poverty , and the want of things necessary to preserve their natural beauty . then shall we see that great city , the pride and glory not only of our island , but of the world , subjected to the excessive impositions paris now lies under , and reduced to a pedling trade , serving only to soment the luxury of a court. then will england know what obligations she has to those who are for mercenary armies . finis . his majesties message to the house of peers. april. . his majestie having seen a printed paper, entituled, a question answered how laws are to be understood, and obedience yeelded; ... england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties message to the house of peers. april. . his majestie having seen a printed paper, entituled, a question answered how laws are to be understood, and obedience yeelded; ... england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at york : . title from caption and opening words of text. arms ; steele notation: question way exem-. reproduction of original in the folger shakespeare library, washington, d.c. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing c a). civilwar no his majesties message to the house of peers. april. . . his majestie having seen a printed paper, entituled, a question answered how l england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms honi soit qvi mal y pense diev et mon droit . ❧ his majesties message to the house of peers . april . . . his majestie having seen a printed paper , entituled , a question answered how laws are to be understood , and obedience yeelded ; ( which paper he sends together with this message ) thinks fit to recommend the consideration of it to his house of peers , that they may use all possible care and diligence for the finding out the author , and may give directions to his learned councell , to proceed against him and the publishers of it , in such a way as shall be agreeable to law and the course of justice , as persons who indeavour to stir up sedition against his majestie . and his majestie doubts not but they will be very sensible how much their own particular interest ( as well as the publike government of the kingdom ) is , and must be shaken , if such licence shall be permitted to bold factious spirits to withdraw his subjects strict obedience from the laws established , by such seditious and treasonable distinctions . and of doctrines of this nature his majestie doubts not but that their lordships will publish their great dislike , it being grown into frequent discourse , and vented in some pulpits ( by those desperate turbulent preachers , who are the great promotors of the distempers of this time ) that humane laws do not binde the conscience ; which being once beleeved , the civill government and peace of the kingdom will be quickly dissolved . his majestie expects a speedy account of their lordships exemplary justice upon the authors and publishers of this paper . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . a letter sent to the right honourable edward earle of manchester, speaker pro tempore in the house of peers. wherein are truly stated, and reported some differences of a high nature, betweene the high and mighty prince charles, duke of lorrayne, &c. and the two honourable houses of parliament. fortescue, anthony. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f d). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f d estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter sent to the right honourable edward earle of manchester, speaker pro tempore in the house of peers. wherein are truly stated, and reported some differences of a high nature, betweene the high and mighty prince charles, duke of lorrayne, &c. and the two honourable houses of parliament. fortescue, anthony. [ ], , [ ] p. s.n.], [london : printed in the yeare, . signed at end: anthony fortescue, resident for this highness of lorrane. place of publication from wing. reproduction of the original in the harvard university library. eng manchester, edward montagu, -- earl of, - -- early works to . charles -- ii, -- king of england, - -- early works to . england and wales. -- parliament. -- house of peers -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war -- - -- early works to . a r (wing f d). civilwar no a letter sent to the right honourable edward earle of manchester, speaker pro tempore in the house of peers. wherein are truly stated, and r fortescue, anthony b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter , sent to the right honourable edward earle of manchester , speaker pro tempore in the house of peers . wherein are truly stated , and reported some differences of a high nature , betweene the high and mighty prince charles , duke of lorrayne , &c. and the two honourable houses of parliament . compass rose printed in the yeare , . a letter , sent to the right honourable edward earle of manchester , speaker pro tempore in the house of peeres . my lord , vnderstanding his highnesse letters , have now at last bin read in both the honourable houses , & that an order hath issued , to have them sent to the committee of the admiralty ; there to have the businesse stated , and reported to the honourable houses , touching his highnesse ships , and the taking of them ; together with the proceedings as towards mee his highnesse resident : i thought it my part , standing in the place i doe , to set up these lights before the honourable houses , lest parte inanditâ alterâ their judgments might be still misled in a matter of so great concernment . for how can his highnesse my master expect an even and faire report to be made from that committee , which already prejudicating his highnesse cause , hath imposed silence , not only upon ▪ themselves in answering to his gracious letters , but upon me also his publike minister , or any sent by me to agitate his highnesse affaires at that table , insisting still upon that crambe of my being onely a pretended agent ? which imputation cannot appeare to the honourable houses , in any other shape then of calumny , ; his highnesse having so often iterated by his letters to both the honourable houses , as also to divers particular members of either house ( your lordship having beene one of them ) my being his resident , still honouring me in all those letters with the stile of his resident ; which quality for these dozen yeares he hath fixed upon me ; which also hath beene made evident by his severall renewed commissions , and i will crowne this verity with a testimony unquestionable , his majesties royall letters sent me from oxford , confirming under his hand and seale , the priviledges of my place , equall to those he gave to the greatest embassadors : so that in all sense this ridiculous badge of pretended , might have beene cryed downe long ere this , having no ground at all to subsist upon , but the opinion of such who file their owne dreames upon record . now my lord , for his highnesse setting out men of warre in a maritime way , against his enemy the french , who in prudence can fault it ? he being a soveraigne prince , and in confederacy with the catholike king , who gives him the freedome of all his ports , as by our last prize taken and brought into ostena is made manifest ; so as that fond cavill must be laid downe , in questioning his highness right to arme at sea . the particulars of what some of his men under his highnesse commission have done in this kind , i will here set downe , and how they have beene treated ; though with a more impartiall penne then i presume the honourable houses will receive from the report of the committee of the admiralty , which already hath so much slighted his highnesse , and passed sohard a censure upon those his affaires . his highnesse sending for ireland a ship called the st. carlo , of . tunne , to transport those men for flanders , which he had levied there , it was taken by a parliament man of warre in the river of limrick , and though by order from his highnesse , i made my complaints , yet could i not obtaine of the committee of the admiralty any redresse ; so that his highnesse lost that ship , and by that occasion his men also , which being transported afterwards in a weaker vessell , were taken at sea by the hollanders , presuming they were to serve the king of spayne , for the states of holland are not in hostility with my master . captaine antony a flemming , being sent by his highnesse the duke of lorraine into ireland , to conduct some souldiers of colonell plunkets regigiment , which he had levied in ireland for the dukes service , ( his highnesse seeing the spaniard and the french levie forces in ireland , thought it as lawfull for him so to doe as for them ) captaine antony upon his highnesse charge bought a vessell in waterford , in which he imbarked some or men for flanders , but at sea was taken by a parliament ship and brought prisoner into portsmouth , no regard being had to his highnesse commission which he shewed ; there , were his men kept prisoners for many weekes on ship-board , not being permitted to land ; the captaine in the meane time got leave to come up to me to make his complaints , in which i negotiated as much as possible i could , but was still put off , in the meane time his highnesse men , still on ship-board , indured extreamity of misery , being forced somtimes for eight dayes together to drink nothing but sea water ; in fine , i pressing that they might be used like christians , one in office in the committee of the admiralty answered me , that he esteemed them no better then doggs : at the last the captaine was forced to goe into flanders , there to buy another ship to fetch his men away , his highnesse vessell being heere seased upon . these were all young gentlemen of ireland , none of them above years of age , who had never borne arms in that kingdome , which i often intimated , but nothing would be heard . the poore youths being most of them nobly borne , and tenderly bred , being arrived in flanders , immediatly dyed upon these cruelties used against them . his highnesse having intention to fight his enemy the french , in all the elements he could , resolves to set up forces also by sea , and having the freedome of all the king of spaines ports , was willing to entertaine in that service men of our nation , as well as dutch , scots and danes ; whereupon captaine george grace , under commission from his highnesse , setting to sea , tooke upon the coast of france , a hanburger richly laden with french goods , as wee made to appeare in the admiralty court , both by the cocket , and bills of lading , as by the confession of the hanburger and his fellow mariners under their hands ; neverthelesse the prize being taken from his highnesse captaine , by a ship of the parliament , commanded by captaine filpot , with much violence used to our captaine and his company ) was brought into portsmouth , and here in the admiralty court , adjudged no price by doctor samms , then judge of the admiralty ; and with such passion was the businesse carried , and in such contempt of his highnesse commission , that captaine grace was arrested in the very court whilst the cause was hearing , and all the cockets , bils of lading , and the testimonies of the hanburgers taken from him . thus was his highnesse defeated of his prize , and of his owne ship . another vessell was bought by his highnesse , in which captaine grace was againe set out , and pursuing a french-man in open sea , the french-man fled to a parliament ship which protected him , whereupon captaine grace was forced to desist , and sayled towards poole , ( where lying at anchor to take in ballast , ) by order from the governour of poole , he was seased upon by a ship of the parliament , commanded by captaine cartridge who brought him into poole , where the governour kept the ship for divers moneths , and imprisoned the captaine and his men without any ground at all , but upon cavill against his commission ; and upon sinister informations caused the captaine to be sent up to london prisoner , by order from the committee of the admiralty . by his meanes that service was wholly lost , to his highesse great dammage and dishonor , though afterwards with much and much solicitation the ship was restored , but with excessive charge to his highnesse , both in the clearing of her , and making her fit againe for service . his highnesse still not doubting but to receive full satisfation for these injuries offered him , sets out another vessell , under command of captaine faulkner , who upon the french coast tooke a frenchman and brought him into dartmouth , where the governor seased upon him , and his prize ; but at last was content to let captaine paulkner depart with his owne vessell , but detained for his owne use and benefit the french vessell ( which was an excellent swimmer ) and kept all the goods in her ; and although by order from his highnesse , i made my addresses to the committee of the admiralty for satisfaction , yet none could i ever obtaine . neither wanted ( upon all these severall exigents ) his highnesse letters to both the honourable houses , demanding restitution in a faire way , but so farre was that off , as to this houre his highnesse never received any . neverthelesse his highnesse not intending in these his intentions for sea , to exclude our nation , sets out captaine faulkner againe , who taking a french-man , not within command of any fort or castle of this kingdome , as is pretended ( which appeared by a shot made from mount-batten which reached not captaine faulkner by a mile and upward ) brought confidently his prize into the isle of wight , where he was presently seased upon by colonell hammond ; the captaine and all his men cast into prison ; his prize taken from him , and sold before his face ( which shewed no intention of restoring it to the french , had they had any right to it ) and an inventory sent up to the committee of the admiralty of the goods , to a very small valuation , though the prize was worth li . the ship being laden with wines , rozen , pitch , pruens , and the like french commodities of value ; all the sollicitation possible i could make in his highnesse behalfe , and withall delivering his highnesse letters to both the honourable houses , ( filled with much sweetnesse and affection towards this nation ) to obtaine satisfaction , none ever yet was thought upon , nor that there was any such princeas the duke of lorrayne , whose letters were worthy of answer . in witnesse still of this high misprission , foure of his seamen are yet in extreame misery , detayned in the common-goale of winchester , where they are ready to perish ; and both the french ship , and the dukes also , are imbarged , and seased upon before the isle of wight . at the same time captaine anderson having received his highnesse commission , went downe to portsmouth , where having gotten to him some few sea-men , and bought a small vessell to transport themselves to ostend , there to be put upon a greater ship ; no sooner was it knowne , that they were to serve under the duke my masters commission ( having yet never attempted any thing ) were seased upon and detained in prison for many weeks , to the overthrow of that his highnesse service , and the undoing of the poore men : after my many sollicitations , and many repulses , they were at last freed from their most unjust imprisonment , but with no consideration had of their losses . these several passages of disgrace , having beene put upon the duke , my master , with so stiffe a silence in both the honourable houses to his highnesse so many courteous letters , have caused ( i presume ) this last letter of his to both the houses , to make some expression of his resentment , in demanding of the parliament of england , whether they desire to have him their friend or their enemy . and although i , my lord , am servant to this great prince , who at this houre commands an army of his owne of . as gallant men as the sunne shines upon , most of them old souldiers , of understanding , as well able to command , as of wills ready to obey , having borne for many yeares the waight and scoarching of the day , who with often graplings have made soft unto their hands the hardnesse of warre , glorying more in their honourable scarrs then in their scarlets , and are at their height of joy , when they heare the trumpets call to a battell ; yet am i still an english man , and so zealous a patriot , as most willingly would i sacrifice my life in the continuation of that ancient league and amity , which hath ever beene betweene this kingdome and the house of lorrayne , that mother of princes , that nurcery of kings , whose royall steame hath extended its flourishing branches over most of the thrones of europe , whose now regnant heyre , the duke my master , looking upon the rich ornaments of his soveraignty , values the greatest juell in it , his so neere allyance to our soveraign lord , charles , king of england , france , scotland , and ireland , whose present condition he behols with eyes full of affections , and cleered from all mists of mistake . i conclude my lord , with my owne disinterest ; it is not ( i am confident ) the pleasure of my master to call me off from this station , by way of complyance with the honourable houses , till that abusive attribute of pretended , be taken off from me his reall minister : for what judgement can thinke such an imputation should be laid upon me , from any doubt in matter of fact , as whether his highnesse ownes me for his resident , or not ? but rather the doubt seemes to be raysed in matter of his highnesse power , whether he can constitute any publique minister . and to question this , wil but expresse more & more the weaknesse of those who doubt it , and make his highnesse more & more reflect upon his own powers . but did the streame run cleere ( as formerly ) which now begins to be troubled betweene his highnesse my master , and the honourable houses , i should receive those endeavours most joyfully , which should effectually obtaine my recalling , for the cause of my stay here being now rightly stated , the difference appeares betweene his highnesse the duke of lorraine , and the parliament of england , and not betweene the parliament of england , and your lordships most humble servant , anthony fortescue , resident for his highnesse of lorraine . april . . some remarks upon a paper which sir george hungerford, by a very unusual and unfair practice, delivered at the door of the house of commons, after a full hearing of his cause before the committee. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some remarks upon a paper which sir george hungerford, by a very unusual and unfair practice, delivered at the door of the house of commons, after a full hearing of his cause before the committee. hungerford, george, sir. sheet ([ ] p.) s.n., [london : ] publication information suggested by the bodleian library. reproduction of original in: newberry library, chicago, illinois. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons -- election districts -- early works to . great britain -- politics and government -- - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion some remarks vpon a paper which sir george hungerford , by a very unusual and unfair practice , delivered at the door of the house of commons , after a full hearing of his cause before the committee . the chief objection which sir george hungerford makes , is against the power of disfranchising , wherein it is evident how much he is mistaken both by law , practice , and his own judgment . for , st . the burgesses do not vote , by reason of any inhabitancy or burgage tenure , but by being elected and sworn into the office and trust of a burgess ; for breach of which trust , they may be removed from the office of a burgess , there being a condition in law tacitely annexed to such office , the breach whereof is a good cause of disfranchisement , and the words of these very disfranchisements , are expressly from the office and dignity of a burgess , so that ceasing thereby to be burgesses , they consequently cease to have a right of voting as burgesses . ly . this hath been the constant practice as appeared at the committee by their books for near an hundred years past , and robert hungerford esq sir george's own brother , who was formerly a burgess of this borough , hath set his hand to , and allowed of several the like disfranchisements , as appears by the borough books . ly . the disfranchisement of one of the persons whom sir george hath put into his pole ( though his voice was disallowed at the election by the stewards and burgesses ) was done by the advice of counsellor blake , sir george's son-in-law , and besides sir george hungerford himself was the first person at the taking of the pole , who made an exception to disfranchised persons . object . whereas sir george objects , that dyers disfranchisement was not fully proved . answer . mr. windham's witnesses proved that he had seen his disfranchisement written in the book , and could turn to the place where it was torn out , and said that dyer gave ten shillings to have the book in his custody , in which time 't is supposed he tore it out himself . note . swaddon who was convicted of forgery , and stood in the pillory , was one of the disfranchised persons who voted for sir george . sir george hungerford's objection against oliver harman , one of mr. wyndham's voices ( who never at any time lived more than one hundred yards from calne , and his house contiguous to the borough ) is very frivolous , for it was proved , that he lived in the borough before the test of the writ , and ever since , and besides during his living out of the borough , he was always esteemed as a burgess , was summoned to their halls , acted as a burgess , and had at that time , and now near l. of the borough stock in his hands , being intrusted therewith as a burgess . so that the majority of voices , plainly appeared to the committee , to be for mr. wyndham . the town of new-castle upon tine having elected sir william blacket, baronet; and sir ralph carr, knight. their burgesses, in the late parliament, dissolved by his majesties proclamation, bearing date the th. day of january . sir william blacket had the honour of dying in that service, upon which the said town unanimously chose their present mayor nathaniel johnson esq; who accordingly this last session of parliament gave his attendance at westminster, and had the honour of knighthood conferred on him by his majesty. sir nathaniel's residence being at present in london, the said town of new-castle sent him the following letter newcastle upon tyne (england). town council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the town of new-castle upon tine having elected sir william blacket, baronet; and sir ralph carr, knight. their burgesses, in the late parliament, dissolved by his majesties proclamation, bearing date the th. day of january . sir william blacket had the honour of dying in that service, upon which the said town unanimously chose their present mayor nathaniel johnson esq; who accordingly this last session of parliament gave his attendance at westminster, and had the honour of knighthood conferred on him by his majesty. sir nathaniel's residence being at present in london, the said town of new-castle sent him the following letter newcastle upon tyne (england). town council. maddison, henry. aut johnson, nathaniel, sir, d. . sheet ([ ] p.) s.n., [london : ] signed and dated: new-castle d. january [i.e. ]. henry maddison, deputy mayor [and others]. year given according to lady day dating. imprint from wing. reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng carr, ralph, -- sir, or - . blackett, william, -- sir, ca. - . england and wales. -- parliament. -- house of commons -- history, ( th century) -- early works to . newcastle upon tyne (england) -- history, ( th century) -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the town of new-castle upon tine having elected sir william blacket , baronet ; and sir ralph carr , knight . their burgesses , in the late parliament , dissolved by his majesties proclamation , bearing date the th . day of january . sir william blacket had the honour of dying in that service , upon which the said town unanimously chose their present mayor nathaniel johnson esq ; who accordingly this last session of parliament gave his attendance at westminster , and had the honour of knighthood conferred on him by his majesty . sir nathaniel's residence being at present in london , the said town of new-castle sent him the following letter . sir , we receiving an account from several hands of his majesties declaration in councel , to dissolve this present parliament ( and call another in march next ) had a general meeting this morning of the aldermen , who came to this resolution as an acknowledgment of the good service you have done the corporation , to make it our request to you and sir ralph carr , that you would please to continue our representatives , and our service and endeavours shall be used herein , which we hope will be a means to preserve unity in this place , and avoid the great disorders formerly committed in these affairs , and doubt not but the same will produce an unanimous election ; so desiring your ready compliance herein , and your answer to , sir , your humble servants , henry maddison , deputy mayor . timothy davison . ralph jennison . robert roddam . nicholas fenwick . george morton . joseph bonner sheriffe . new-castle d . january . a letter sent to his excellency the lord fleetwood from mr. john streater comptroller of the ordinance by authority of parliament on december the th. streater, john, fl. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter sent to his excellency the lord fleetwood from mr. john streater comptroller of the ordinance by authority of parliament on december the th. streater, john, fl. - . p. [s.n.], london : . reproduction of original in the university of illinois (urbana-champaign campus). library. signed: j.s. eng fleetwood, charles, d. . england and wales. -- army. a r (wing s ). civilwar no a letter sent to his excellency the lord fleetvvood, from mr. john streater comptroller of the ordnance by authority of parliament. on decem streater, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - marika ismail sampled and proofread - marika ismail text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter sent to his excellency the lord fleetvvood , from mr. iohn streater comptroller of the ordnance by authority of parliament . on december the th . london , printed in the year . my lord , it doth not a little trouble me , to see how your lordship is engaged , to that which will in the issue be your own destruction : i am , and have bin no other then faithful to your lordships personal interest , so far as it can consist with your publick interest : i have absented my self five or six dayes for no other reason . let me be bold to acquaint your lordship , and tell you , that you do not see your interest , you are led out of one uncertainty to another , and still will be , untill at last you have ruined , and lost all , and fall into the hands of charls stuart as a prey ; amongst the rest of absurd models of government that have been under consideration since the interruption of the parliament , they have bin no other then the worms and chimeraes of the brains of such as have not the spirit of government : the last that have bin under your consideration is one of the worst , and most inconsistent that can be imagined , and will produce nothing but necessity for new changes , which will not onely be inconvenient in respect of publick interest , but also to your lordships own person ; i presume that your lordship doth not value your own personal preservation above that of the publick , also that your lordship knoweth it will be more glory , and honour , and peace to your own conscience , to contribute all the advantages you can to a publick , just , and equal settlement ; then for you to sit at the top of affairs . if that government of twenty one , conservators , of exempting secluded members , of electing onely such as as have served seven years in every corporation , of electing another house for the negative voice out of that number of men so chosen , with other things which you shall after add , were the best form under heaven : yet it will not be indured or submitted unto , in regard the original of it is the army ; who by it designe a particular interest , which shall alwayes meet with a publick interest , struggling with it , and by consequence it will produce changes . besides , if your lordship will only consider what benefit your posterity shall have by a government that must run in so straight a channel as it must : if the army be the legis-lators , and law-givers , that is , to give us a form of government ; your posterity will be slaves , unlesse you can intail the government of the army upon them ; and make the qualities they shall be endowed with , the standard to measure out to the nation what they shall have , and what the qualities are , that your posterity , or our successors shall be indowed with , whether with vertue , honour , or honesty ; or with lust , pride , envy , ignorance , or inhumanity , none knoweth . my lord , if your rules of government be so short & your qualifications already made , be not enough ; we presume we must have the rest from the army , as they declare by the words of their vote , viz. such qualifications as are or shall be ) : i beseech your lordship , at this rate , where or when shall the armies legislating power end ? what shall be a period to it , that it shall go thus far and no farther ? can your lordship tell ? if the lord lambert doth return victor from the nor●h , he will expound that riddle to your lordship . my lord , i was in the general council of legislators , holden in wallingford chappell , and you could scarcely put questions so fast as they were ready to pass them . a reverend council indeed ! they will serve to promote , and carry any thing on , that those that are uppermost propose to them : a spirit of discerning they have not ; i saw they might be led by sence like beasts : they are a better army then a senate , if they would keep to their duty in arms it would better b●come them . they are out of the way when they treat or meddle with government ; your declaration of the th of may sayeth no less in these words ; we our selves contributing thereto , and again , we have trod in and by crooked paths , and the presence of the lord hath departed from us ever since we left the long parliament . and my lord , indeed the presence of the lord hath now departed from you , and will leave you quite if you do not return thither again . my lord , my self of all men have little reason to be their advocate , they never did me any thing else than mischief ; there was not of them , i may say not of them , that i knew or had any acquaintance with , at their last interruption . the principal reason why i do adhereto them is , i do dread and abhor the settlement of government by an army , i knowing that the consequences will be fatal : your lordship knoweth , that when the papers were sent up from derby to you , the next morning i spake with you , and intreated you to interpose with your authority , to prevent the further raveling into that matter ; withal i told you , it would not rest in petitioning onyl , but it would produce further mischiefs . i have had the happiness to foresee the events of publick affaires for years and upwards last past , and now i am confident that the parliament will again sit : notwithstanding all the opposition that can be made against them , nay , if there were not monck's army , nor any other endeavours on foot , yet you would run your selves into the necessity of sitting under them again , or charles stuart . my lord , the reasons and grounds i have for this assertion are too large to communicate to you in a letter ; i shall onely add this , that you may preserve your power , honour , p●●son , and all that you can imagine , by adhering to them : i do know that hitherto nothing hath been done , but in order thereunto ; and with much respect to your lordship , the same i have done , i take god to witness : now , if your lordship shall think it your interest to adhere to the lord lambert , against the interest of the publick , which cannot be secured any other way than by the sitting again of the parliament , the which if your lordship will promote you may have your own terms , and may secure your self against the under-hand dealing that is on foot , in the behalf of the lord lambert , the which ( i can assure your lordship ) you cannot avoid , by any other means . my lord , i desire you seriously to consider the premises . sir , your most humble servant , and faithfull well-wisher , j. s. finis . a declaration from his excellence sir thomas fairfax and the generall councel of the army, held at putney, on thursday september , concerning the delaies in raising monies for supply of the army, and other forces of the kingdome : and their humble offers and desires in relation thereto : tendred to the right honourable commissioners of parliament residing with the army, and by them to be presented to the houses : with his exceliencies letter to the commissioners concerning the same : also a narrative of the souldiers behavior towards the l. lauderdale. fairfax, thomas fairfax, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f _variant). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f _variant estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration from his excellence sir thomas fairfax and the generall councel of the army, held at putney, on thursday september , concerning the delaies in raising monies for supply of the army, and other forces of the kingdome : and their humble offers and desires in relation thereto : tendred to the right honourable commissioners of parliament residing with the army, and by them to be presented to the houses : with his exceliencies letter to the commissioners concerning the same : also a narrative of the souldiers behavior towards the l. lauderdale. fairfax, thomas fairfax, baron, - . [ ], p. for george whittington ..., printed at london : . reproduction of original in the huntington library. eng england and wales. -- army. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing f _variant). civilwar no a declaration from his excellence sir thomas fairfax, and the generall councel of the army, held at putney, on thursday september . . england and wales. army. council d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration from his excellence sir thomas fairfax , and the generall councel of the army , held at putney , on thursday september . . concerning the delaies in raising monies for supply of the army , and other forces of the kingdome . and their humble offers and desires in relation thereto . tendred to the right honourable commissioners of parliament residing with the army , and by them to be presented to the houses . with his exceliencies letter to the commissioners concerning the same . also a narrative of the souldiers behaviour towards the l. lauderdale . by the appointment of his excellencie sir thomas fairfax , and the generall councell of the army . jo. rushworth secretary . printed at london , for george whittington , at the blew anchor , in cornhill , neere the royall exchange , . my lords and gentlemen , the extreame necessities of the army , and other forces in the kingdome , together with the present pressures of the countrey where it quarters , for want of moneys , as well as the delayes of them from whom you might e're this time have justly expected a better account on this behalfe then is as yet heard of , is the occasion which yesterday produced a resolution upon this enclosed paper , which i herewith tender to your lordships , desiring it may be speedily communicated to both houses : i remaine , your lordships most humble servant , tho. fairfax . putney septembris , . for the right honourable the lords and commons , commissioners of parliament residing in the army . a declaration from his excellency sir thomas fairfax , and the generall councell of the army held at putney on thursday september . . . the extreame wants of the souldiery ( both of the army and other forces and garrisons that have concurred with us , as also the sufferings of the countryes in respect of free quarter , and the necessities of the kingdome for a speedy supply of money in relation to the disbanding of superfluous forces , the sending over of others for the reliefe of jreland , and for the supplying of those forces that are there already , so as to prevent the danger of those distempers lately raised amongst them , ) are such as we are and have beene very sensible of and exceedingly pressed with the consideration of them . yet the care the houses have so many wayes exprest for providing a present supply of monyes , in relation to all these affaires , have made us hitherto silent as to that point ▪ in expectation to have found ere this time an answerable effect thereof in actuall supplyes . but finding that notwithstanding all their care , yet through the neglect or delay of those on whom the houses have depended in that particular , there is little or nothing hitherto effected therein , and especially considering the delayes made by the lord mayor aldermen and common councell of the city of london , in the advancing of that summe which the houses have demanded of them upon the security of the arreares ( so long since ) due from the city to this army , and for that tax whereupon all or most other places have long since payd in their proportions . ) we are enforced to make this present addresse to the houses in relation thereunto . first we cannot but consider the notorious readinesse of that court to the advancing of farre greater summes for the raising of a new warre and prosecution of the late mischievous practises and designes against the parliament and army . and that as their precipitate forwardnesse therein , was the occasion of the armyes comming into these parts : so their backwardnesse to the raising or advancing of the money now required for the service of the parliament and supply of the army , hath beene and is the occasion of the armyes continuance here : and therefore we cannot but offer it as what we humbly conceive most just and reasonable . that for what time their default or delayes have occasioned and shal further occasion the armyes stay hereabouts ( so much to the burden and oppression of these parts ) the charge thereof should some way be layd upon them and their adherents in and about the city , together with those persons from whom the said arreares are due , and those in whose default it lyes that they have hitherto beene either not assessed or not collected . and for that purpose that at least in case the summe required be not payd in at the time limmitted by the houses . there may be a proportionable penalty imposed by way of daily increase of the summe required for so long time as the payment thereof shall be further delayd . next for as much as the lord mayor aldermen and common-councell , may perhaps conceive themselves not so much obliged ( either to execute the authority given them by the parliament for leavying of money upon others , or to advance it themselves by way of loane in behalfe of others untill it can be leavyed ) as they would be to provide what should justly be charged upon themselves : we therefore humbly offer ( at least ) in case the summe required upon the arreares be not paid in by the time limited . ii. that the houses would be pleased speedily t● consider of the delinquency of that court an● councell , in those things that were lately done by them as a court , and set such fine upon them for the same as shall be agreeable to justice , which money being chargeable so properly upon themselves we presume they willl not have the like excuse not to provide . lastly , since it is most evident that for the speedy bringing in of the money required upō the arrears there wants not in the said major , aldermē & common councell , either authority to levy it or ability to advance it by way of loan till it can be levyed : nor do the persons from whom the arrears are due want ability to pay them , but the only fault and defect lies in the want of will to the thing , both in the one and in the other , and want of power in the hands of willing men to enforce it , without which we see little hopes that it wil in any tollerable time be effected ; we therefore offer iii. that in case the money be not brought in ( by the time limited the parliament would be pleased to give leave and power to the generall ( with the advice and directions of the committee for the army ▪ for the levying of the said arrears , together with such penalties and fine as the houses shall find cause to impose as aforesaid , or ( at least ) the penalties allowed by the ordinances for that tax for the army , and then if the moneys be not speedily brought in for the parliament to dispose of let us beare the blame . and all these things we desire the rather , because we have grounds both of reason and evidence from the speeches of many in the city , to believe that in this long witholding of mony , the designes and hopes of the parliaments and our enemies , are to raise the army into distempers , and the country about us into a flame , whereby at least to hinder and interrupt all proceedings to the execution of parliamentary justice , or settlement of the kingdom , and to expose the parliament again into tumultuous violence , of all which the dāger is very evident and imminent , if not speedily prevented by some such vigorous and effectuall remedies as aforesaid . putney sept. . . by the appointment of his excellency sir thomas fairfax and the councel of war : signed john rushworth secretary a narrative of the souldiers demeanour towards the lord lauderdale at the court at vvoburne , in luly last , presented to his excellency sir thomas fairfax , under the hand of colonel vvhalley , and by him sent to the commissioners of parliament in the army ; with a letter from his excellency concerning the same . towards the latter end of july last , when the king lay at woburne , the lord lauderdale came one morning about foure or five of the clock to the court , lost no time ▪ but presently made his repairs to his majesty with whom he had much private communication . it was commonly reported and generally believed that he had come post all the night before . but whether so or not , i know not , but this i know , that his early coming , and hasty speaking with his majesty at that conjuncture of time , when that unparalleld violence was committed upon the parliament , and that treasonable engagement for fetching the king to london , and preparations for a new warre , were so violently prosecuted in the city , drove the court into feares , and the souldiers into jealousies , that his lordship came to indeavour the perfecting at court that designe , which was begun and prosecuted in the city , and that which made them ( as i conceive ) the more jealous of his intentions , was a common report , that his lordship was a fomenter of the cities tumults , or corresponding with the authours of them . and indeed i finde , that the souldiers had long entertained harsh thoughts of the lord lauderdale ever since his relation , concerning his majesties going from holmsby , 〈◊〉 in the painted chamber so much to the prejudice , and disadvantage of the army ; and his undertaking there to engage the whole kingdome of scotland , as one man against the army ; they were playn● with him at new-market , the● minding him of it , and told him he had publikely declared himselfe their enemy ; therefore they could not but think he came to do them , and the kingdome in offices : and had not my selfe and o●her officers interposed , they had then at least perswaded him away from the court , but at that time the souldiers indured his stay , though with some regret ; but his lordships second appearance at that time and manner as before related , so hightened , ( it seemes their former jealosies , and exasperated them into such resolution● as that divers of them ( whose names i protest i know n●● not so much as one for present ) being of severall r●●iments came about five or six of the clock , next morning ▪ to his lordship ▪ chamber doore , desired to speake with him upon notice whereof , i hastened to the earle of lauderdales lodgings , and the earle of denby with me : wee found the souldiers and the lord lauderdaile reasoning very calmly together , his lordship telling them he was a publike person , and they could offer him no affront , but it would reflect upon the kingdome of scotland , and tend to divide the . nations , the souldiers told him , they found he many times acted as a private person , as when in the painted chamber he undertooke for all scotland to engage as one man against the army , ( which as they heard ) he had no commission for from the state of scotland , what they did was in reference to the lord lauderdale , and not to the scottish nation ; and had his lordship shewed them any commission , passe , or warrant , testifying his being sent or imployed thither as a publike person from the states of scotland , or their commissioners , i conceive it might have satisfied ; the earle of denbigh endeavoured with all the reasons and arguments he could to perswade them to let the earle of lauderdale stay , and not meddle with him , and my selfe commanded them some to their guard , and the rest to be gone : but from commanding , ( the discontent being very high ) i was inforced for the present , to fall to perswading , i confirmed what the earle of denby before had said to them , that it might be construed as an injurie to the state of scotland , that it would be an offence to the parliament of england , and added that it was a contemning of the generalls power , when they would not obey commands , and would expose both themselves , and me to danger , but all in vaine ; for indeed that horrid violence so lately done to the parliament , and the forced flight of the members of both houses ( whereby that highest authority of the kingdome s●emed to be at a st●●d ) 〈…〉 both the city and mo●● parts of the kingdome into a monstrous ●●in of conf●sion ▪ and of distracted and licentious workings , and weakned ( for present ) the hands of all men in authority under the parliament , so it wanted not its influence of like nature upon the army and souldiery throughout the kingdom , so as officers could not ( at that time ) have the like command of their souldiers , as formerly , nor as now again , since the authority of the parliament hath been vindicated , and both houses ( through gods blessing ) restored to their honour and freedom : for my own part as affairs then stood ) i am confident the lord denbigh will witness it for me : i did my utmost endeavours to have gotten the souldiers away , i commanded , i perswaded , but neither commands , nor perswasions wou●d prevail , the souldiers being unanimously resolved his lordship should not stay at court , nor speak again with the king for that time : and therefore they would not depart till his lordship was ready and willing to take coach . when i saw i could not exercise my commanding power for the present in that matter , nor by it , nor by perswasion divert them from their resolutions : i desired them at least to be civill towards his lordship which they performed , not giving his lordship an ill word , nor laying any hands upon him , mr. cheasley his lordships secretary likewise seconded me , desiring the souldiers to be civill , and to give his lordship leave to say his prayers , the souldiers answered with all their hearts , they would joyne with him ; but his lordship told them he had not the gift of prayer , he would not pray publikely , and presently after went quietly to his coach , the souldiers attending him . thus have i given a true relation of the demeanour , and carriage of that towards the lord lauderdale at w●bur●● , for the conformation whereof i refer my selfe to the earle of denby , who was present all the while , and in testimony ▪ of the truth hereof , i have hereunto set my hand . september . . edward whalley . vera copia , william clarke . my lords and gentlemen . in persuance of the commands ▪ i received for enquiring into the busines of the affront done to the earle of lautherdale , i sent order to col. whalley , to make enquiry of it , and to returne to mee an account thereof . i have hereuppon received from him a narrative under his hand of the occasions , and whole carriage of that busines ( so farre ●s his owne knowledge or present informations concerning it do extend , ) which i have sent you heare inclosed , i desire it may be emparted to both houses , for their present better satisfaction concerning that busines , & if this doe not amount to their full satisfaction therein , but that they thinke fit to have any further enquiry or examination to be had about it , i shall upon further notice of their pleasures therein give order to collonel whaley , accordingly i remaine . putney . september . your lordships humble servant thomas fairfax . for the right honourable the lords and commons commissioners of parliment residing with the army . finjs . die sabbathi, junii, . ordered by the commons assembled in parliament, that none of the members of this house, who by vertue of the order of the first of february, . do yet stand suspended from voting or sitting any more ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbathi, junii, . ordered by the commons assembled in parliament, that none of the members of this house, who by vertue of the order of the first of february, . do yet stand suspended from voting or sitting any more ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honourable house of commons, london : june . . title from caption and opening lines of text. order to print signed: hen: scobell, cleric. parliament. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbathi, junii, . ordered by the commons assembled in parliament, that none of the members of this house, who by vertue of the or england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , junii , . ordered by the commons assembled in parliament , that none of the members of this house , who by vertue of the order of the first of february , . do yet stand suspended from voting or sitting any more in this house , shall henceforth be admitted , or capable to sit , or have voyce in this house , during this present parliament , who shall not before the of this instant iune , address themselves to the committee appointed by order of the fifth of march , . for receiving what should be tendred for satisfaction by such members , as had not entred their dissent or disapproval to the vote of the fifth of december last , before the first of march , and shall not before the said of iune instant , give such satisfaction to the said committee , according to the said order , as this house shall approve of ; but the house will after the said of iune instant , proceed to take order for the election of new members in their rooms . ordered by the commons assembled in parliament , that this order be forthwith printed and published . hen : scobell , cleric ' parliamenti . london , printed for edward husband , printer to the parliament of england , june . . presidents & reasons to be humbly represented to the right honble the lords spiritual & temporal in parliament assembled for their lordships ordering, the hearing and determining of such complaints and appeals after the recess of this parliament, as are now depending before their lordships, and cannot be determin'd this present session, subject to a review in parliament if cause. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) presidents & reasons to be humbly represented to the right honble the lords spiritual & temporal in parliament assembled for their lordships ordering, the hearing and determining of such complaints and appeals after the recess of this parliament, as are now depending before their lordships, and cannot be determin'd this present session, subject to a review in parliament if cause. england and wales. parliament. house of lords. sheet ([ ] p.) s.n., [london : ] reproduction of original in huntington library. broadside. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion presidents & reasons to be humbly represented to the right hon ble the lords spiritual & temporal in parliament assembled , for their lordships ordering , the hearing and determining of such complaints and appeals after the recess of this parliament , as are now depending before their lordships , and cannot be determin'd this present session , subject to a review in parliament if cause . in the parliament held in the d. year of henry , v. a complaint against the earl of arundel , for claiming free warren in other mens grounds ; was represented by the commons to the king and lords ; whereunto the answer was , that the chancellour and justices of both benches , should have full power to do therein , as to them should seem just , as appears by the parliament roll of that year , number . upon the like complaint , of one john bramton , against a fraudulent recovery of two manors ; it was pray'd that the king would grant that the chancellour of england for the time being , might by the authority of parliament , have power to hear and determin the matter ; whereto , the answer was , that the said john bramton should have a commission to that purpose , as appears by the parliament roll of the said d. of henry v. number . the like was done , upon the complaint of tutbury and sharp , touching a ship that was lost ; the answer was , that the chancellour , with the advice of three of the justices , should have power to take order therein ; as appears by the roll of the same parliament , number . upon the like complaint of one whittington and his son , against a release obtained by duress ; it was referred to be determin'd by the king's privy-council ; as appears by the parliament roll of the th . of henry v. number . in the st . of henry vi. it was enacted , that all such petitions , as should not be ended in that parliment , should be committed to the council to be determined ; as appears by the roll of that year , number . the like was done , in the th . of henry vi. as appears by that parliament roll , number . and in the th . of henry vi. as also appears by the parliament roll of that year , number . in the journals of the lords house , of the th . of may , which was in the d . year of king james i. it appears , that upon the petition of william mathews , against a decree in chancery , obtained by george mathews ; the lords committees appointed to examin the cause , being of opinion the decree was to be reversed , made their report ; that there was due to the said william , from the said george , the sum of l. whereupon , in the afternoon of the same day , george mathews petitioned the lords against the reversing the decree upon petition only , alledging , that it had been the course of that house , not to reverse decrees , but by bill legally exhibited . upon reading of which petition , several lords were appointed to frame an order in that cause , the parliament being then drawing near to an end : whereupon they made an order , and reported it to the house the next day , that the said cause should be review'd in chancery by the lord keeper , assisted by such of the lords of parliament as should be nominated by the house ; and by any two of the judges , that the lord keeper should name ; and that the lord keeper should be an humble suiter to the king from the house , for a commission to himself , and the lords that should be nam'd by the house for the said review , and final determination of the cause , as to them should seem just and equal ; which order being read , the house approved thereof , and named two earls , two bishops , and two barons , to be joyned in commission with the lord keeper , for the purpose aforesaid . and by virtue of which order , the cause was heard and determined , and the first decree revers'd ; as appear'd by the register's book of orders in chancery of hillary term following . the reasons for imitation of these presidents at this time amongst many more , that might be shew'd , are , first , for that there are several appeals in causes of considerable value , that are not likely to be determined this session . secondly , for that the shortest delay of justice is grievous to those that want it . thirdly , if any man hath gotten any money , or mesne profits of any estate , by means of a mistaken decree ; he that hath so got it , may be dead , without assets , or become insolvent before the next session , or meeting of the parliament ; and if so , no restitution can ever be made . to the most honourable and high court of parliament the humble petition of the gentlemen, and other of the inhabitants of the county of cornwall. humble petition of the gentlemen, and other of the inhabitants of the county of cornwall i. b. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ] .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b thomason .f. [ ] thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ] or : f [ ]) to the most honourable and high court of parliament the humble petition of the gentlemen, and other of the inhabitants of the county of cornwall. humble petition of the gentlemen, and other of the inhabitants of the county of cornwall i. b. sheet ([ ] p.) published by i.b. gent., [london] : [ ] place of publication from wing. reproductions of the originals in the british library. eng england and wales. -- parliament -- early works to . church of england -- bishops -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ] .f. [ ]). civilwar no to the most honourable and high court of parliament: the humble petition of the gentlemen, and other of the inhabitants of the county of co i. b. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the most honovrable and high court of parliament . the humble petition of the gentlemen , and other of the inhabitants of the county of cornwall . having seene and heard the many ( though scarce divers ) petitions to this honourable assembly by the inhabitants of divers , counties and cities of this land , as also corporations , companies , and trades , some against bishops , some against the common prayer , and all against such judiciall , and things super-elementary to the region of their capacity of judging , and matters only belonging to the judicature of this grave synod , which seemes either to distrust , or direct , or both , your great wisedomes ; we therefore the gentlemen and other the inhabitants of cornwall , with as many hearts , though not hands , with as many good wils , though not persons , not in imitation , but rather by provocation and necessity , in these times , to shew our good minded affections , doe humbly prostrate the utmost of our service to your feet . in which ( or rather after which ) we take leave humbly to beg , that you will be pleased to bend your auxiliary and good affections to the redresse of the distresse of the miserable protestants in ireland . to gaine whose good , prosperity , peace , and tranquility , to preserve the soveraignty of that land to our royall king , and to maintaine his and this kingdomes honour , we shall willingly lay downe our lives and fortunes . that you will be pleased to continue your great respect , dutifull love , and true obedience , to our royall soveraigne , by maintaining his just , and no way antilegall prerogative . that you will be pleased to put the lawes in due execution against all iesuites , seminaries , papists and recusants . that you will be pleased to looke upon the other side , and duely weighing the actions ( or rather factions ) of some , ( whom most men call citizens ) to scourge their irregular and disorderly schisme and hereticall sects , into right paths of serving god , to frequent his house , and to pray as well as heare , to allow order , and obey conformity , to reverence learning , and bow to authority , to be under a discipline , and live in order . that you will be pleased to maintaine and establish the ancient fundamentall and most venerable lawes , order and discipline , both of our church and common-wealth , to continue the reverenc'd office , and punish the offending persons of bishops , to have in high account , and eternize ( as farre as in you lyes ) the divine and excellent forme of common-prayer , to correct brain-forg'd doctrine , by your exemplary precepts strike a reverence of gods house into every mans breast . that you will be pleased to intimate to the people your honourable and wise intentions concerning divine service , lest while you hold your peace , some rejecting it in part , others altogether , they vainly conceive you countenance them . lastly , ( not to trouble your great affaires any longer ) that you will be pleased to take into your sage consideration , those scandalous and ill-affected pamphlets , which flye abroad in such swarmes , as are able to cloud the pure ayre of truth , and present a darke ignorance to those who have not the two wings of iustice and knowledge to fly above them . now to polish this our worke with a smooth demonstration of our modest intents , that the tinctures which in introduction fell on the fore mentioned presents may slide without a staine from this ; we doe in all humility declare , that neither distrust of your intentions , nor opinion of any of our counsels worthy your eares ever tainted our thoughts , but that we have still been , and are confident , that this most wise synod hath ever thought fit , resolv'd , and will confirme into action , what we now humbly request , therefore this our present , not so much a petition , as a prayer of willing and thankfull hearts for the hop'd sequell , is onely to shew our true intentions and good will towards his gracious majestie , and this high court , as instruments of the peace of our soules and bodies , for which wee are unanimously , and immutably resolv'd to spend our dearest blood . published by i.b. gent. the plea, case, and humble proposals of the truly-loyal and suffering officers approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the plea, case, and humble proposals of the truly-loyal and suffering officers croft, robert. [ ], p. printed for the truly-loyal and suffering officers, london : march , . "epistle dedicatory" signed: robert croft in the name of the rest. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- officers. england and wales. -- army -- pay, allowances, etc. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion the plea , case , and humble proposals of the truly-loyal and suffering officers . london : printed for the truly-loyal and suffering officers : march . . to the right honourable the lords , and to the honourable the commons assembled in parliament . may it please your honours , it is not the king's party , but his cause , that lies now at your feet : and the question is briefly but this : whether or no , from this time forward , loyalty in an englishman shall be reputed a crime or a virtue ? our comfort is , that we have the authority of the nation , for our protection ; the justice of it , for our judges ; the wisdom , vote , and interest of it , for our advocates : and this address is but an appeal from the inquity of our oppressors , to the piety of our governours . we shall not trouble your honours with compleynts against a general corruption ; ( how - true , and dangerous-soever ) but content our selves with a particular case , wherein the parties to this paper are peculiarly concern'd , and only relievable by your honourable aid , and authority which case , in short , is this there appear so many pretenders to the sixty thousand pounds , &c. lately granted by his majesty , at your honours request , for the relief of the truly-loyal , and indigent officers , that without a strict examination of the certificates , the king , the kingdome , and the party , will be deceiv'd of half the mony. this inconvenience was prudently foreseen by the honourable , the commissioners appointed for the distribution of it ; who thereupon directed the regimenting , and printing of the certificates in order to a review : which vote was no sooner past , but presently hands were gather'd to call for a present dividend ; ( although as yet there were not above five thousand pounds in the treasury ) some honest gentlemen were drawn into this petition , who now see their errour ; and that the scope of it was , by a confusion of all qualities , and interests , to hinder a discovery . those interruptions being at length remov'd , and the book perfected , and printed ; by the express approbation of his sacred majesty ; the license of a principal secretary of state ; and the unanimous allowance of the commissioners aforesaid ; we do most humbly crave leave to acquaint your honours , that there is great industry still employ'd , to frustrate the effects of it by disgracing the thing it self , and by hastning a distribution , before we can reap the fruit of the intended inspection : when yet the abuse is so gross , and palpable , that not any man that has ever born office in the king's army , but can point to the very particulars , and say [ this officer has been dead this seven-year . [ that never had any commission . [ a third never had any men. [ this left the party and serv'd the enemy , &c. ] so that , finally , only . those will be gainers by a sudden distribution , that would be losers by an inspection . nay , so unfortunate we are , that it has been several times refus'd us to enter an advertisement of this list into the news-book , which is the only publique , and common way of notice . all these crosse circumstances put together , have driven us upon a necessity of saying something to do our selves right ; and that 's the only scope of our plea , case , and proposals , which , with all dutiful reverence , are the subject of this dedication . the first part conteyning our answers to several objections , touching the reason of our proceedings . the second part is chiefly a report of fact , to vindicate us in point of modesty . the third consists of certain proposals , which we rather commit to the motions of providence upon your hearts , then presume in any degree to presse upon your inclinations . if we have offended in point of forme , we are ready , with all dutyful submissions , to acknowledge our offence : for although the indignation , to see our selves bought and sold like slaves , and practis'd upon by every knight of the post , may possibly divert us from the regular method of good manners ; yet , where the question is either duty to your authority , or gratitude to your most generous obligations ; we shall much rather lose the remnant of our miserable lives , then fayle of any proofe which may demonstrate the truly-loyal and suffering officers , to be of all others in the most inviolable bonds , and resolves of reverence , and obedience at your honours devotion robert croft in the name of the rest . the truly-loyall officers plea , &c. there is a book lately printed under this title : [ a list of officers claiming to the sixty thousand pounds , &c. granted by his sacred majesty for the relief of his truly-loyall and indigent party . which list is made publique , by the consent , and at the desire of the honourable the commissioners appointed by act of parliament for distribution of the said moneys . ] to which must be added , that this list is published by the kings express allowance , and licensed by his majestie 's chief secretary of state. it will now seem needless , perhaps , or worse , to plead the cause of an act , executed by so ample , solemn , and unquestionable authority ; unless we first acquaint the world , that , notwithstanding this authority , great endeavours are used , to blast , and discredit the proceeding : every stationer's shop being buzz'd with arguments against the thing : mostly ( as in charity we believe ) out of mistake , or misenformation ; but not a little also , out of project , and designe ; for , there are very many persons , whose interest it is to suppress the list , as the evidence and story of their own crimes : whereas , on the other side , it is as much the behoof of the truly-loyall to promote the ends of this book , as it is for the benefit of their opposers to destroy the fruits of it : since not only the reputation , and well-being of the party , but the cause it self lies at stake , and ( to speak with reverence , and modesty ) the honour and safety both of the king , and kingdom , are concern'd in the consequence of this miscarriage . the grounds of which opinion , we shall as frankly submit to the censure of others , as we readily engage against their objections to acquit our selves . which objections we shall undertake in the first place : and they are ( according to the best of our enformation ) in summe , and weight , as followes . first ; the printed list of officers , exposes the royal-party to have their throats cut , in case of an insurrection , which was the compounders case in the dayes of the committee of safety , when upon printing a list of their names , it was proposed , that the whole party might be massacred . first ; it is a charge upon the king , to suggest that his party are in the same danger now , under his majestie 's protection , which they were formerly in , under the persecutors of his royal-father . secondly ; by the same reason , all his majestie 's loyal-subjects , must either wear vizors , or hide their heads , when the king 's in danger ( for men are better known by their faces , than by their names ) and what mischief soever threatens the royal-party , is but in order to the destruction of the king-himself . thirdly ; the members that voted this money , and the commissioners that are to distribute it , all their names are printed ; and where 's the greater hazzard of printing their names too that are to receive it ? it is a dishonour for so many persons of quality to be publisht for indigent : besides the inconvenience of being laid open to their creditors , and the losse of other preferments , by being known to be necessitous . first ; the very act require that they be publiquely certify'd , and publiquely registred as persons that have not a sufficient livelyhood ; so that as to the point of publishing their indigency , the thing is done already . secondly ; touching the suppos'd dishonour of being known to be poor , let it be consider'd , that every mans loyalty and his poverty are recorded together : and certainly , no person of honour will think it any shame , to proclaim to the world , that he has spent his fortunes in the service of a prince , that laid down his life for the preservation of his people . another branch of this objection is , concerning the consequence of appearing necessitous ; which , in this particular , we are so far from fearing , that we reckon the enlisting of our names upon a publique roll , to be the only secure and honourable way of redemption , whereof our condition is capable . first , as to our creditors ; our fair , and warrantable debts , do , by such a record , become virtually the debts of the nation ; and they are effectually so acknowledged , both by the king , and kingdom , in the late act of parliament , where it is declar'd , for the perpetual memory of the eminent deservings of the loyal party , and for the encouragement of loyalty to future ages , that their great services and sufferings exceed all possibility of present compensation , from a kingdom exhausted by the rapine and oppression of a long rebellion . ] from whence it appears , that our necessities are but dependent upon the necessities of the publique . shall the kings party now be asham'd to publish their wants , when his sacred majesty is content to confess his own ? or , what better security can our creditours , either wish , or expect , than to find us recommended ( as in another place we are ) to future employment and further reward ? ( which will enable us to satisfie them ) . and this recommendation will be most solemn , and effectual , upon a publique and inspected list : whereas , otherwise , for the shadow of a reputative disgrace , we quit the substance of a lasting , and monumental honour : concealing our disease , out of a scruple at the remedi ; till at last , we perish one by one , unknown ; and the whole party sinks by degrees , into a condition both wretched , and ridiculous . again ; that the printing of our names , should be any hinderance to our preferments ( without the greatest indignity possible to his majesty ) is the thing we cannot upon any terms either admit , or comprehend . if we consider the party ; take their character , in the preamble to the late act for their relief . it is that loyal party , which through all hazzarde and extremities , in the defence of the kings person , crown , and dignity , the rights and priviledges of parliament ; the religion lawes , and honour of the english nation did bear armes by the command of his late maiesty of ever blessed memory , according to their duty , and the known lawes of this land ; and did with an unwearied courage , faith , and constancy with their lives and fortunes , oppose that barbarous rebellion raised against his most excellent maiesty , in the year . — that loyal party , which after the horrid murther of their late glorious king with the same uigorous and active loyalty asserted the rights and interests of his royal successor , and with the same restless zeal opposed all succeeding usurpations , untill his sacred maiesty return'd in peace and triumph , &c. will it binder any mans preferment now to have his name affixt to this character ? where 's the gratitude , and justice of the nation ? if those persons that have ruin'd themselves in the service of the publique , shall fare the worse for being known to have done their duties ? where 's the wisdome of the nation , if it be rendred more beneficial to subvert the government , than to uphold it ; and if the reward of struggling with all hazzards , and misfortunes , to preserve the lawes , must be either reproche , or losse of preferment , to such as shall appear to have been undone in the contest ? lastly ; where 's the faith , and honour of the nation ; if , after a parliamentary declaration for the encouragement of loyalty , people should speed the worse , for being published to have been the eminent and miserable assertours of it ? so that the community is cleerly of us , with us , and for us . wee 'll now advance our argument a little higher . shall we lose our hopes ; and preferments , if we be once known to be poor , upon so publique , and noble an accompt ? this objection vanishes for ever , when we reply , that the king is the fountain of all considerable honours , and preferments ; and that he is a pious , a prudent , a just , and a gratious prince ? what is our unhappiness even at this instant , but the want of such a roll as is now the question ? we do not speak of a list of enquiry , which is only previous to another , and serves but to discriminate the right and wrong ; but of a try'd and examined list of such officers as have stood the utmost test of misery , and persecution nor is this any new thing : forasmuch as there be many old servants , and feeble ; that have dispended their youth in the service of my lords , my grandfather , father , and brother , whose souls god assoile ; and also with my lord that now is , whom god given good life and long , some without any livelyhood or goterdon , so that they be now in great mischief , and necessity , and some but easily guerdoned , and nought like to their desert and service : wherefore i desire that there may be a book made of all the names of such as have so served , and been hnguer doned , or nought guerdoned like to their desert , to the intent , when offices , and corodies fall , that they might be given to such persons ; they having consideration to the ability of them , and to the time that they have served , in the same wise as of benefices to clerks . henry the fourth of france , did for the relief of such as had been maimed , wounded , or begger'd in his service , grant by an irrevocable edict . the royal house of christian charity , and the money growing upon the remainder of accompts of hospitals , almes-houses , leprous-houses , and other such companies , and of the vsurpations , and alienations of the revenues thereof , revisions of the accompts , and abuses and disorders committed in the government , and administration of the said places , together with the money which should arise of the places , and pensions of religious lay-men , in every abby and priory of his realm , being in his majesties nomination . the consideration of the horse was referred to the duke of montmorency ; and of the foot , to the duke of espernon , who were to make a list of the persons , and to note in the margin what annual pensions every man might merit , according to his quality , valour , and wounds . was a list of the truly-loyal , and indigent-subjects of the kings progenitors thought so necessary , and beneficial to them ; and is it not much more expedient for the subjects of his sacred majesty now in being ? to suppose that ever any prince had more tenderness and mercy in his inclination , were to blaspheme the greatest goodness in nature : and on the other side , malice it self will not pretend , that ever any subjects made it more appear , that their duties and their souls were inseparable , than that party which are the present matter in question . so that , in fine , we want nothing in the world , but a list of our names , in the kings view , to do our business . shall his majesty but vouchsafe barely to look upon us in our misfortunes ? we have his natural clemency to plead for us . but when it shall descend to consider , that even these raggs had the honour to contribute somewhat toward his due establishment , and glory ; his royall justice will not ( with reverence ) permit him , having reliev'd , and fixt all other interests , to suffer ours alone to lye disconsolate and hopeless . does the king need loyal officers ? such a list as we propose , furnishes his majesty with those that want employments ; and , whom will his royal wisdom rather trust , than such as with their lives and fortunes , first serv'd his royal father , till they were commanded to render and disband ; and after that , with a fidelity inviolable , press'd through all hazards and temptations , untill the settlement of his sacred majesty in his undoubted birth-right . in short , upon the whole matter , it is impossible for us to be in his majesties eye , and not in his care. but there is another objection , that it would reflect upon the king , to have it known , that so many loyal officers are left without a livelyhood . if it would reflect upon the king , to have it known that we are left without a livelyhood ; it will do his majesty right , to make it known that we are provided for ; and a printed roll of their names to whom the king has already granted something , and promis'd more , is a publique evidence both of his majesties present grace and favour , and of his further bountifull intentions . again , to that part of the objection , that so many are left unconsider'd , a printed list will lessen the number . ly without a printed list , our distress will be imputed to the king , though it be our own fault ; for his majesty is not oblig'd to take notice of our particular necessities by divination . most of the commissioners are parliament-men , and the publishing of this list , is in a manner to arraign the house of commons , for having certifi'd so many unwarrantable persons . there 's a great difference betwixt members of the house in a committee of parliament , and members of the house joyned in commission with others by act of parliament ; where they sit , not as members , but as commissioners . but to something that 's more pertinent . let it be noted , that the commissioners are directed to certifie , as the matter appears to them ; and according to the best of their knowledge : which certification amounts to no more , ( unless they speak upon a positive averrment ) than the recommending of an officer upon a credible information ; wherein there is neither required a certainty of the thing , nor an infallibility in the person . so that the crime lyes evidently in the fraud of that report , whereupon each respective certificate was obtein'd ; and without any colour of reflection upon the commissioner that granted the certificate . ( for 't is no dishonour to be deceiv'd , where 't is impossible to be certain . ) again , since to be deceivable , is but to be a man ; it can be no fault , or shame to be mistaken , what will the objector say now to his own argument , when he perceives the poynt of it turn'd upon himself ? 't is suggested that , a printed list asperses the house of commons ; and yet 't is manifest , ( since mistakes go for nothing ) that no reproche can arise from this matter , to the disadvantage of any man , which is not grounded upon express confederacy , and practice . we have said already what we conceive needfull , as to our opponent's general objections ; but there are some particulars yet behind , which we cannot conveniently let pass without a reply : and they concern , first , ( in the list it self ) the person that compos'd it ; and , in the next place , those officers for whose benefit , he has given himself that trouble . touching the book , 't is whisper'd and fomented that , there are many officers left out , and misrepresented ; that , the method of it is not clear ; and in short , that , the whole thing is ineffectual . to which we answer . first , that we do not hear of any man left out , beside those mention'd in the errata , save only ( by the clerks fault in the last transcript ) colonel william hawly , a colonel of foot under the marquesse of newcastle ; which oversight , the gentleman that dispos'd the papers , acknowledges with great respect to that worthy person : but so , as taking upon himself only the order of the copy , without undertaking for the corrector of the presse . 't is true , there are many field-officers wanting , which some people are willing should be understood not only as a defect in the book , but as an utter exclusion to those that are left out : whereas the truth is this ; the officers are to be try'd by their certificates ; and this printed list is only to shew them in their counties , qualities , and regiments , for the more easie and open inspection . it will be fit likewise to clear the other mistake concerning the field-officers that are omitted ; to whom it may be given to understand , that the last allowance for the press did precisely prohibit the printing of any field-officer , but such as should desire it . whereupon , a matter of a hundred gentlemen ( being at that time about , or near the town , and taking notice of that order ) enter'd their names , and are printed accordingly . to the second exception , concerning mistakes in the press ; they are not much vers'd in books , that look for none ; especially in a copy of this nature ; where there is neither reason , nor coherence to guide the compositor ; and where , withall , there is scarce any one word that is not of a nice , and particular import : to which must be added , the confusion , and errours of the papers whence this list was extracted ; together with the intricacy of the thing it self , and the necessary hast in the dispatch of it . nor must it be forgotten , that very many of the original certificates are interlin'd , and with a differing hand , and ink , from that which wrote the body of them ( which may fairly enough be presum'd to have been done since the signing , and sealing . these circumstances duly consider'd , it is no wonder to find some mistakes , and yet ( saving those which are corrected in the errata ) we meet with few or none . material , that we can charge upon the transcript . touching the obscurity of the method ; it will suffice that any man that can but read , may enform himself in the advertisement : and that in the alphabet of the book , he is to look for the regiment he desires , as the table directs him to the certify'd officer . the last exception is , that the list is ineffectual ; which is confuted by a demonstration of the contrary , in the discovery it has already produc'd . in the next place , to the folly of this list , comes to be suggested the malice of it ; and that , without any regard at all to those powers , that have both approv'd and authoriz'd it . it is point-blank affirm'd , that this list is only his design that put it together , to cast an odium upon the king , and to work himself into a faction . concerning which , the gentleman himself has conjur'd us , not to put on so much as a serious look , upon so innocent a scandal : wherefore we let that question fall , touching his particular . but the brand of faction upon the generality of the truly-loyal and suffering . party ; the charge of mutiny , and disobedience , to the authority of parliament : ( for this is the language that we are of late accustom'd to ; if we but modestly sollicit and endeavour , that the bounty which his majesty only intended for his friends ; may not be divided amongst his enemies ) — these are imputations which we cannot but in honour take notice of , so far as consists with our duty to the king , and to the law ; and rather than pass that limit , we shall not refuse to lay our necks , at the feet , even of our meanest , and unkindest adversaries ; with which caution and modesty before us , we shall now proceed to a brief state of our case . the case . so soon as his sacred majesty had past the two bills for the relief of his truly-loyal and indigent party , and prorogued the parliament , the commissioners appointed act of parliament , for the menage and distribution of that bounty , apply'd themselves with all care , and diligence , to the advancement , and dispatch of that affair . particularly , the honourable the commissoners siting in the star-chamber ( by virtue of the aforesaid act , and to the ends aforesaid ) observing , and being enform'd , that diverse certificates were artificially introduc'd , and that many other practices , and forgeries had been attempted upon the commissioners , found it convenient to make use of a certain number of select officers , of known integrity , and of general acquaintance in his late majestie 's armies , to assist them in the discovery of unqualify'd pretenders ; which officers , being both nominated , and empower'd by the said commissioners , did accordingly assemble and proceed in form , and under the name of a committee for inspections : which committee being afterward dissolv'd , and their proceedings vacated ; it will not be incongruous either to order , or good manners , if for the clearing of our cause , we touch upon some passages then and there in debate . this committee was by its constitution to consist of a chosen number of commission officers additional to as many commissioners of parliament as should think fit to be there . their power was only preparatory , and their first order was to consider of a method to prevent the passing of undue certificates ; and to report their proceedings therein upon the tuesday following to the star-chamber . instead of framing this method ( which in course was the first thing should have been done ) some considerable time was spent upon certificates ; effectually , without any method at all , save only that the colonels were to be first , and the rest to follow in their turns ; and all to be put to a present vote , whether they should stand or fall. this manner of proceeding begat : many heats , disorders , and delays , for want of an impartial rule , whereby to judge of every man according to his respective glayme , and qualification : till in the end , experiment and prudence mov'd the gentlemen to consider of a certain standard , that should determine all niceties in question : which was no sooner agreed upon but it was regularly submitted , and reported to the star-chamber , consisting in substance of these particulars following . he that has not any way deserted his loyalty and duty to the late king , or his present maiesty in their wars ( which are the words of the act , ) or ( as in another place ) that has serv'd the late king , and his present maiesty through the whole course of the late wars ; ▪ that person is within the meaning of [ truly-loyal . ] the standard for [ indigence , ] was four hundred found ( in proportion to an annuity of fifty or threescore . ) . a reall command ] for a colonel of horse , was stated at two-hundred ; for a captain , at thirty horse : for a colonel of foot , at three-hundred men ; for a captain , at forty . they offer'd likewise , what officers they conceiv'd to have a reall command of souldiers according to their commisions , and propos'd a regimental order , as the aptest method , in their opinion , for inspection . while matters were in motion toward this hopefull period , there interven'd another question not to be omitted , and it was occasion'd by somewhat that fell from the lips of a worthy gentleman ( having at that time the chaire ) which was , that there were seaven-thousand and five-hundred officers certify'd , upon which computation ( reckoning those that are probably dead since — , and those that are known to have deserted , together with those that do not claim ) the late king must be suppos'd to have lost his crown at the head of above twelve-hundred thousand men . the effects which this overture wrought upon the truly-loyal , and suffering party ( especially proceeding from a person that spake with authority , and upon knowledge ) were no other , than as so many lines drawn to a point ; every man pressing ( though with various reasons ) to the same end [ printing , ] as the only means to purge and reduce that prodigious-list ; and which way soever they lookt , they met with arguments , both of honour , and of necessity to persue it ; and still the more narrowly they consider'd , the more forcible they found those arguments . the case they reason'd thus : the kingdom has presented his majesty , and his majesty has , at their request , gratiously bestow'd upon his truly-loyal , and suffering officers , a considerable sum of money , with an express limitation of it , to the use and behoof of such persons . shall cromwell's guards now be admitted to the reward , and character of loyalty ? or shall his majestie 's bounty , that was directed singly to his dutiful servants , be apply'd in common to the murtherers of his father ? shall treason , and loyalty , be supported by the same hand ? or shall those gentlemen that ever valu'd their honours before their lives be subjected now at last to mingle their names with men of desperate and infamous forfeitures ? and yet all this must be done without a strict examination of this blended list . upon the whole , the king's intentions are frustrated , his charity misemploy'd , his loyal servants defrauded , his enemies supply'd , loyalty is disheartn'd , and disobedience encourag'd : beside the profusion of the publique treasure ; the hazzard of his majesty taking his enemies , for his friends ; and finally , beside the sad consequence of condemning a party that has been loyal beyond all president , to be miserable beyond all example ( which must needs follow upon the admittance of so many sharers to this money . ) to these arguments ( in order to the press ) . it was reply'd , that the king had positively declar'd himself against it . whereupon , ( in confidence that if so it were , it proceeded only from a misrepresentation of the thing ) the gentlemen drew up their reasons , and tender'd them to the star-chamber , with their desires , that his majestle's pleasure might be more particularly besought concerning that matter . upon which they past a vote , and a person of eminent honour and modesty , attended the king with the humble request of the commissioners ; to whom , upon the first overture , his majesty was pleased to express himself , that there was much to be said both for , and against it ; demanding withall , what number the certificates might amount to ? it was answer'd , that they were reputed to be about six or seven thousand . whereupon , his majesty replyed , that it must needs be a great abuse then ; and that it would be so much money thrown away , if it came to be divided into so many shares ; in the conclusion ; remitting the business wholly to the commissioners . upon the report of which gratious return , the honourable the commissioners past a vote for the print , and soon after , another for the method , and two more after that , the one in allowance of the book , and the other of the praeface , wherewith his majesty was again acquainted and approv'd it . so that at length , by the mediation of all honourable aids , agreements , and authorities , we are possest of the list ; which we find , as we expected ; ( save that it falls nigh two-thousand short of the first computation ) in this list , we meet with diverse officers that have been long dead ; several that never serv'd the king at all ; others that left , and fought against him. beyond these gross abuses we do not presume to meddle ; and these are a sort of people , with whom we should be very loth to appear in the same livery . concerning commission-officers within the act : whatshall be reputed a sufficient livelyhood ; what a desertion ; or what measure those pesons are to receive , that claim to a higher command then in strictness they executed : touching these particulars , we interpose no further then in our wishes , that there may be no point strain'd , to the disadvantage of any man that has faithfully , and honourably serv'd his majesty : for it is not our desire to augment our particular shares , by grating upon our fellows , but rather ( so far as consists with the most favourable sense of the act , ) that all such as joyn'd , and continued , in the same cause , and service , may likewise be joyn'd , and consider'd in the reward . within this compass we reckon it our duty to contain our selves ; and thankfully to acknowledge the prudence , justice , tenderness , and unwearied pains of those honourable persons , who are commissioned for our relief ; by the benefit of whose favours , being now brought within view of what we have so long , and so earnestly desir'd ; we find at last another scruple injected ; which is ; that all certificates sign'd by five commissioners at a publique meeting , are concluding ; which nicety is principally urg'd by such as have no other title to the benefit of the act ; and the delicacy of it rests upon the construction of the word [ true ] [ according to the number of such true certificates ] which [ true ] if understood , only as oppos'd to counterfeit , there may be still a true certificate , though of a false matter . this opinion will not sink into us for many rea - which we shall only offer , with submission to better . first , we conceive the commissioners nominated in this act. ( and sitting in the star-chamber ) to be the competent and proper judges of the meaning of it ; and we have the honour of their practice for our authority . as for instance ; it is put to the vote , what officers should be reputed commission-officers within the act , and which not ? how come the commissioners in the star-chamber now to be judges of that qualification , more then of the rest ? that the person certify'd be a commission-officer , and that being a commission-officer , he be likewise truly-loyal , and indigent , are conditions equally requisite , by the letter of the act : and five commissioner's hands can no more conclude a revolted captain to be truly-loyal , then they can authorize an armourer to be a commission-officer ; which being over-rul'd in the one , holds every jot as strong in the other . further ; in the praeface to this newly printed list , the honourable commissioners have expresly promis'd , and invited an inspection : that is , an inspection of persons , rather than of certificates ; for which express reason they are rather enter'd in regiments , than in counties . again ; the conclusiveness of five hands at a publique-meeting engages the act in a contradiction : ( and we have heard that an act repugnant to it self , is so far void ) the distribution made according to the certificate , contradicts the distribution requir'd according to the act. to this , 't is urg'd , that the certificate is an act executed , and that though the body of the commissioners cannot totally rescind such a certificate , they may yet suspend the issuing of the mony. we reply ; that if the distribution were an act executed too ; such a certificate were much a better plea , for a mistake unforeseen , and past prevention , than it would be in this case ; where , upon proof , the person that demands the mony , is but the counterfeit of the person that ought to receive it . again ; may they suspend the distribution after the mony is due , and not as well refuse it utterly where it can never be due ? if it be due , they are to pay it at first ; if it be not due , they are to refuse it : for delay will not make it more due , and the reason of stopping it for a moment , holds for ever . so that if they can neither reject the person because of the certificate , nor allow of him because of the act ; the mony must eternally rest where it is , and never come to a distribution . it may be also consider'd , that the case is clear concerning the persons , and doubtful touching the certificates . but wee 'll suppose more force in the objection then perchance there is , and that in extremity [ such true certificates ] may be so render'd , as to bear it . see now how many reasons , and how weighty , what troops of inconveniences appear against the colour of that single argument . there 's first , the ground of the act , [ a consideration of services done to the kingdom ] there 's next the scope of the act ; [ the honour and relief of that loyal party that did those services . ] thirdly , the political prudence of it [ for the encouragement of loyalty to future ages . ] fourthly , the singular care of applying that bounty aright : [ the threescore thousand pounds must be distributed among persons precisely so and so qualify'd ] . to conclude , all these clear and noble ends must be disappointed ; the king's favours scatter'd among his enemies ; the honourable intentions of the parliament frustrated ; and the bread taken out of the mouths of honest men , and given to another sort of people ; in favour of one dubious word , notwithstanding above twenty positive , and explicit declarations in the same act to the contrary . we do not undertake to be magisterial in this opinion ; but we trust that for the general good and honour of the king's party , no other persons shall be knowingly admitted to this dividend ; and we hope likewise that in some other cases , no person duly qualify'd shall be shut out by the strictness of the act , to whom manifestly the fruit and grace of it was intended . touching the reason , and modesty of our proceedings , enough is said ( as we presume ) to acquit us either of direct folly , or faction , we shall now lay down certain humble proposals suitable to the rest of our actings . the humble proposals of the truly-loyal and suffering-party . the two points wherein the truly-loyal , and suffering-party find themselves most sensibly aggriev'd ( next to that influence which their misfortunes may have upon the nation ) are their necessities , and their honours ; for they would not willingly appear either ridiculous to the age they live in , or infamous to posterity . touching their wants ; they are as great , as the rapine , and merciless cruelty of a twenty-years-oppression has been able to make them , and they are at once ( without charging their private scores upon the publique ) both the memorials of their loyalty , and the punishment . briefly , such they are , as his sacred majesty , at the request of his two houses of parliament , has been gratiously pleas'd to take into his particular , and princely care , by a late act for their present relief ; wherein their modesty rests so amply , and so thankfully satisfy'd , that they do not so much as wish for any further consideration , then what may rationally arise from the emprovement of that grace , and bounty . concerning which it is their first and humble proposal , that the list of certify'd officers may be inspected , and purg'd ( allowing a convenient time for the work ) before any distribution of moneys ; and that an advertisement of the printed list , and of the intent of it , may be publish'd in the news-book ( which has been already twice refus'd ) and copies directed to the respective commissioners , of each several county , for the ease , and dispatch of the discovery . the fruit of this inspection will be , at least , the doubling of every mans share ; beside the saving of forty-thousand pounds to the publique , and the reducing of those gentlemen , who are hitherto unprovided for , into a number , and condition more capable of compensation . the second proposal , is this ; that a provision may be made as well for the benefit of all persons clearly within the meaning of the act , as for the exclusion of those that have no title to it . as for instance , there are some persons that have been call'd away : either upon his majesties service , or particular business ; and committing the care of their certificates to private friends , they perceive , at last , that they are either miscarry'd or forgotten . there are others likewise , that had employment sufficient for a livelyhood , ( when they ought to have enter'd their certificates , and therefore did not put in ) who are now left destitute , by the disbanding ( for example ) of those troupes which they then commanded ( as in the case of duynkirk , &c. ) — under these two misfortunes are some very worthy officers engag'd , that have an undoubted right to the equity of the act. there are a third sort of unhappy persons , whose certificates are declar'd invalid by the very letter of the act ; be the officers clayme never so unquestionable , upon all honourable accompts ; and these are such as are excluded , for want of five commissioners hands at a publique meeting , to make their certificates authentique ; which was not to be had in those places , where either the commissioners did not meet at all , or the officer had no notice of their meeting : which case ( with the rest ) is most humbly recommended to a supplemental act ; ( if any supplement shall be thought necessary . ) a third proposal , in order to the effectual clearing of this list , is , that in case any commissioners shall be appointed to enquire into the matter , they may be empower'd to examine witnesses upon oath , for the credit of the proofe , and for the preventing of frivolous enformations . it is humbly propos'd in the fourth place , that after a thorow-examination of the certificates , there may be a second list made of rhe names of all such truly-loyall , and indigent officers , as , are found allowable according to the act : this inspect'd list to be humbly offer'd to his sacred majesty ; and his royall favour implor'd on the behalf of the loyall officers therein conteyned ; to the end ; that being in his majesties eye , they may lie the more open to those vacancies , and employments for the future , whereof his princely goodness , shall vouchsafe to think them worthy , and capable . consonant to the reason of this proposal , is the tenor of the act , wherein the lords and commons have been pleas'd to declare their purpose to transmit an encouragement of loyalty to future ages . which encouragement is in part made good already ; to such as desire to enter into hospitals , or other charitable foundations ; by requiring and appointing that they themselves , their widowes , and children , may be preferred before all others , except the founders kindred . and a further provision is likewise enacted by a kate upon parishes , for the truly-loyal and suffering soldiers in general . so that only those persons of quality are left in distress to whom it cannot be suppos'd with justice to the publique , that these allotments were ever intended . wherefore , as a thing most suitable to the very profession and method of the act ; it is with reverence , and submission propos'd , that something may be done also by way of recommendation , for the encouragement of the loyal nobility and gentry , that the event of all their hazzards and services , may not seem to terminate in an hospital . to passe now from matter of necessity , to point of honour . the truly-loyall and indigent-officers have but these two things to desire . first , that the list may be exactly purg'd , for the honour both of the cause , and of the party . secondly , that upon sifting the certificates , what persons soever shall be found guilty of forgery , subornation , or corruption : they may be subjected to such punishment as belongs to the quality of the offence . the end . notes, typically marginal, from the original text notes for div a -e object . . answ . . object . . answ . . ☞ ro● parl. . h. . m. . edict july . . jean de serres hist . franc. pag. . object . . answ . . object . . answ . . a declaration of the lords and commons assembled in parliament. concerning his maiesties advancing of his army towards london, with directions that all the trained bands and voluntiers bee put into a readinesse, that so the kings army may find opposition in every place as they march. : also how sir iohn hinderson urged one david alexander, a scotchman, to kill sir john hotham, and blow up the parliaments magazine, to whom his maiesty gave money, and he received it. : and that no man shall presume to weare any colours or markes of division in the city of london. : whereunto is added severall votes of the lords and commons, for the searching of diverse mens houses in the city, and for the staying of the kings revenue; and all the bishops, deanes and chapters rents and profits whatsoever. : sabbathi, . octob. . / ordered by the lords and commons in parliament, that this declaration and votes be forthwith printed and published. ; john browne cler. parliam. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration of the lords and commons assembled in parliament. concerning his maiesties advancing of his army towards london, with directions that all the trained bands and voluntiers bee put into a readinesse, that so the kings army may find opposition in every place as they march. : also how sir iohn hinderson urged one david alexander, a scotchman, to kill sir john hotham, and blow up the parliaments magazine, to whom his maiesty gave money, and he received it. : and that no man shall presume to weare any colours or markes of division in the city of london. : whereunto is added severall votes of the lords and commons, for the searching of diverse mens houses in the city, and for the staying of the kings revenue; and all the bishops, deanes and chapters rents and profits whatsoever. : sabbathi, . octob. . / ordered by the lords and commons in parliament, that this declaration and votes be forthwith printed and published. ; john browne cler. parliam. england and wales. parliament. browne, john, ca. - . [ ] p. octob. . london printed for iohn wright., [london] : . reproduction of original in the sutro library. eng henderson, john, -- sir, d. . alexander, david, th cent. england and wales. -- parliament. great britain -- history -- civil war, - . a r (wing e a). civilwar no a declaration of the lords and commons assembled in parliament. concerning his maiesties advancing of his army towards london, with directio england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . concerning his maiesties advancing of his army towards london , with directions that all the trained bands and voluntiers bee put into a readinesse , that so the kings army may find opposition in every place as they martch . also how sir iohn hinderson urged one david alexander , a scotchman , to kill sir john hotham , and blow up the parliaments magazine , to whom his maiesty gave money , and he received it . and that no man shall presume to weare any colours or markes of division in the city of london . whereunto is added severall votes of the lords and commons , for the searching of diverse mens houses in the city , and for the staying of the kings revenue , and all the bishops , d●anes and chapters rents and profits whatsoever . sabbathi , ▪ octob. . ordered by the lords and commons in parliament , that this declaration and votes be forthwith printed and published . john browne cler. parliam . octob. . london printed for iohn wright . . a declaration of the lords and commons assembled in parliament . the lords and commons in parliament , considering with much tendernesse and compassion , the miserable condition of this kingdome , distracted , and distempered with many present evils , & imminent dangers , and brought now to such an height of extremity of misery , that two english armies are neere together , even ready to joyne in a dreadfull and bloody encounter , through the violent and wicked counsell of those , who have captivated both the person and the power of the king , to their owne impious and trayterous designes , doe thereupon thinke good to publish and declare the same to the kingdome , together with some directions and provisions which may prevent that utter desolation and ruine , both of religion and liberty , already overwhelmed and supprest in the intention and hope of those rebels and traytors about the king , to which purpose it is desired by both houses , that all wel-affected subjects may take notice of these particulars . that the king by the help & assistance of the papists , the prelaticall and corrupt part of the clergy , the delinquent nobility and gentry , and by the confluence of some notable traytors from beyond the seas , the lord digby , oneale , and others , and of many desperate mercenary and ill-affected persons from all parts of the kingdome , hath raised an army , armed , clothed , and fed , for the most part with the spoyles of his subjects , giving them liberty to plunder and rob all sorts of people ; to exact money and plate from corporations , by threatning fire , and sword , if they should refuse it . that this wicked counsell doth not onely hinder his majesty from exercising the justice and protection of a king towards his people , but even that honour which is observed betwixt enemies ; for by a confident instrument of his majesty , sir iohn hinderson a papist ( as we are credibly informed ) one david alexander was urged to kill sir john hotham , telling him it would be a good service both to god and the king , which he refused to doe , saying it was the worke of a butcher , and not of a souldier ; this alexander being a scotchman , of a very poor fortune , and of a mind fit for desperate attempts . the king sent for him , while he was at beverley , and when he came to his presence , he spake to him publikely in the field , and appoynted a sum of money to be given him , which he received . after which another proposition was made to him by the same sir john hinderson , that he would put fire to the magazine of the army raised by the parliament , & to gain the better opportunity to effect it , that he should labor to get some imployment in the train of artilery , which he accordingly undertook , & endeavoured to obtain ; but before he could effect his mischievous intention , he was discovered , apprehended , & examined , and thereupon confest the practise , and undertaking , the particulars whereof are referred to the examinations thereupon taken . that the king doth send out letters to borrow great sums , professing that those who will not lend him mony , doe give him just cause to suspect their duty to his person , and the peace of the kingdome . and this will be a sufficient reason to make them lyable to be plundered and spoyled of all they have ; but such is the violence of the kings army , that their friends are in little better case then they who oppose them , and those who escape best must yet feed and billet the souldiers for nothing . in those places where the trained bands are willing to go forth to serve in his maj. army , yet for the most part their armes are taken from them and put upon those who are more mercenary , and lesse interessed in the common wealth , and so likely to be fitter instruments of rapine and spoyle . by these great violences and oppressions they have so exhausted those parts that his majesty cannot stay long about shrewsbury , and it is the earnest desire of the cavaliers that he would march forward towards london , those rich and fruitfull countries in the way being like to yeeld them a supply of their necessities , and the wealth of london a full satisfaction of their hope , where they likewise thinke to find a party which upon his majesties approach may make some disturbance , and facilitate their designes upon the city . that if the kings army prevaile , the good subjects can expect nothing but that their lives and fortunes will be exposed to the malice and rapine of those ravenous souldiers , who often talk of cutting the throats of honest and religious men , & have long expected their goods & estates ▪ as the rewards of their service ; the kingdome will againe fall under the government of those mischievous counsells , who before this parliament , had even brought both religion and liberty to ruine ; and wee shall have no hope left of any more parliaments , but such as shall beconcurrent and subservient to these ends . the meanes of curing and preventing these evills and dangers , we conceive to be these . that good provision be made by loane and contribution for the army raised by the parliament , under the lord generall the earle of essex , which is no whit inferiour in horse and foot to the kings army , better armed , full payd , restrained from disorder and rapine , as much as may be ; well provided of all outward necessaries ; but above all , well incouraged and instructed in the goodnesse of the cause , by the labour of many godly and painfull divines . that this army bee allwayes ready to attend the removes of the kings army , either in one body or divided as there shall bee occasion , according to the wise conduct and direction of the lord generall , that so no opportunity of fighting upon advantage be lost , nor the greedie souldiers of the kings army suffered to range , and spoyle the country at their pleasure . that the countries through which the kings army is to passe doe associate themselves , and draw all their forces together , for the mutuall defence of their persons and goods from oppression and spoyle . that those counties be required to send in all their horses fit for carriage and for dragoones as well for the assistance of the lord generall , for which in convenient time they shall receive satisfaction , as likewise that by such meanes these horses may be kept from being imployed by the kings army . that command and direction be given to all lieutenants of counties and deputy lieutenants , that all the trained-bands and all voluntiers be put into a readinesse to be brought to such randezvous , and to be obedient to such commanders in chiefe as shall be appointed by the committee for the safety of the kingdome , or by the lord generall , that so the kings army may find opposition in every place as they passe , and the inhabitants may have at hand a sufficient protection & defence , and the lord generall may strengthen his own army with these forces , as he shall see cause . that powder , munition , and ordnance , with all other necessaries be prepared for these forces , that so without any trouble or confusion , they may be brought together , and fitted for service upon all sodaine occurrents . that all those who in the city of london , or any other place , shall weare any colours , or other markes of division , whereby they may be distinguisht from others and known to be of the malignant party , shall be examined , searcht , and disarmed , as likewise all others , who being able , shall not lend or contribute towards the publike safety of the kingdome , in this time of so great and imminent danger . that it be commended to the serious consideration of those in the kings army , and of all other that intend to assist and succour his maiesty in this impious and unnaturall warre , among whom it may be hoped there are some honest men , and protestants , what it is that moves them in this quarell . is it for feare of some innovations and alteration ? of religion or church governement ? let such as are possest with this vaine and causelesse apprehension , know , that nothing is intended or desired , but to take away the government by bishops , which hath bin so constantly , evidently , mischievous , and dangerous to the church and state ; and such other things as shall be found to be iustly offensive , and nothing to be setled and introduced , but by authority of parliament after consultation first had with an assembly of learned and reverend divines . is it to uphold the authority , prerogative , and honour of the king and to preserve the safety of his royall person ? surely the parliament is and ever hath beene ready to doe any thing that belongs to them to secure all these , which they have often testified by many humble petitions to his maiesty . if there be no cause for any of these respects , to seeke the destruction of the parliament and the blood and ruine of their kindred , friends and acquaintance , what remains then to be the matter of the quarrell , and the motives of such great combustions , and the effects and consequences of their victory if they should prevaile ? that priests , iesuits , & the popes nuncioes may domineere & govern in the kings counsel as heretofore , that the arch bishops of canterbury and yorke and their suffragans may suppresse diligent and powerfull preaching , and bannish and oppresse all the most pious and best affected subiects of the kingdome , & introduce the popish religion under a protestant profession , till they have strength and boldnesse to cast off the disguise , and openly appeare that which indeed they are , and would not seeme to be . that the earle of bristoll , and his son the lord digby , mr. ●ermin , and other such traytors may possesse the great places , and governement of this kingdome ; and be the arbiters of the affaires of state , and distributers of preferments , and disgraces , to such as shall further or oppose their designes . that the delinquents , oppressors , and destroyers of the kingdome , may not onely escape the iustice of the parlament , but triumph in the spoiles of all honest men , good patriots ; and that through out troubles , and divisions , the rebels in ireland may prevaile ; that we may cease to be a free nation , and become the obiect of cruelty and oppression at home , and of scorne and infamy abroad . and if there can be no other fruit of their hazard and endevours on that side , let them then consider , whether by adhering to the parliament , they may not expect effects more sutable to the desires of honest men , the glory of god , in the preservation of his truth , the peace of the church , by securing it against the pride , avarice , and ambition of the clergy , the honour greatnesse and security of the king , by freeing him from false and traiterous counsells , and establishing him in the hearts and affections of his people , the prosperity of the whole kingdome by the blessing of good lawes and a righteous governement . die sabbathi . octob. . resolved upon the question by the lords and commons assembled in parliament . that such persons as shall not contribute to the charge of the common wealth in this time of imminent necessity , shall be held fit to be secured . resolved upon the question &c. that such persons as shall not contribute to the charge of the common-wealth in this time of iminent necessity , shal be held fit to be disarmed . ordered by the lords and commons assembled in parliament , that the lord major & sheriffes of the city of london shall forthwith search the houses and seize the armes belonging unto m. nathaniell iefferson , m. austin , m. john bedle , m. john batty , m. ralph long , and m. robert lewis , all of broadstreet ward , m. john blunt , of limestreet ward , m. ald. wright of colemanstreet ward , m. roger drake , m. john walther , of faringdon within , for that as it appeares by the report from the committee they have not contributed as they ought to the charge of the common-wealth , in this time of imminent necessity . resolved upon the question &c. that the fines , rents , & profits of arch-bishops , bishops , deanes , deanes and chapters , and of such notorious delinquents who have taken up armes against the parliament , or have bin active in the commission of array , shall be sequestred for the use and service of the common wealth . resolved upon the question &c. that the kings revenue arising out of rents , fines in courts of justice , compositions for wards , & the like , & al other his majesties revenue , shall be brought into the severall courts and other places where they ought to be paid in , and not issued forth or paid out , untill further order shall be taken by both houses of parliament . the manner of sequestration is referred to a committee . finis the examination of david alexander , taken octob. . . hee saith , wheu the king went towards the north , at newmarket he came to the court , and followed the king to yorke and stayed at yorke , wh●n the king first went to kingstone upon hull , and came backe to yorke , and after the kings returne sir iohn hinderson told him it was a good service to god and the king to kill sir john hotham , and he refused to do it ; and that he said he would rather venture upon an army , and then the king went to beverly , and the postmasters boy brought him word from sir iames hamilton he should come to beverly , and should be made corporall of the field , which he sleighted , and said he was an old man , and could no ride , and then sir james hamilton sent to him to meet him at the post-house , which he did , and sir iames told him if he came not the next day , he would lose his place , hee told him he had no money , and he gave him ten shillings , and with that he hired horse and went thither , and that he came to the lord lindsey , generall , which said he was welcome ▪ and bid him goe to the king ▪ and told him the king had sent twice for him , and the next day , which was the day wherein the earle of holland , &c. had his audience , the king being in the field spake to him , and bid him goe to my l. generall who gave order to sir iohn culpepper , to give him ten pounds , which hee received ▪ and my lord generall told him master slingsby and an other knight were about a mine which failed , and the siege raised , and afterward he went to nottingham , and there sir iohn hinderson said to him , hee should doe good service if he would set the magazine on fire , and that he undertooke to doe , and he told him it would be well , if he could get a service in the traine of artillery , and often spoke to him about that action , and said he should he highly recompenced : and thereupon he came to london on tuesday was five or six we●kes ; and he was with sir vvilliam balfore , and made meanes to goe into ireland : and that he confest to sir balthazar gerbier upon munday last , all the passages betwixt him and sir iohn hinderson , and to nobody else but he spake to sir iohn mildram to get him a place in the irish wars , and sir iohn promised to speak with the irish committee for him : he said sir iohn hinderson told him the king was acquainted with this proposition of firing the magazine diverse times : and this examinant told him that hee had spoken to sir balthazar gerbier to tell the king that he could not performe it , and hee denyed that ever he had laboured for any place in this army . david alexander . the examination of sir balthasar gerbier , taken the . of october . hee sayes , he knowes one david alexander a scotch-man , and hath knowne him long , and has had discourse lately with him . he sayes , the said david alexander said he had a proposition made to him to kill some body , but none named to this examinant , he answered , that to kill a man was fit for a hangman , but any generous act befitting a souldier he would doe . the said alexander , said that colonell hinderson made this proposition at the court , he sayes that act was proposed ; that another proposition was made by the same person that he should get a place in the traine of artillery , and getting knowledge where the magazine was , to doe his best to fire it , and this he entertained , and was received , and had money given him , and besides colonell hinderson , and master endymion porter spoke also concerning the same businesse to him . this examinant sayes , he knowes not whether alexander , hinderson , and m. endymion porter spoke of the same at the same time , nor did he tell him what sum of money hee received , nor did hee speake of any other promises : upon the third of this instant , at nine of the clocke this discourse was , which he noted in his table-booke . then desiring to looke in his table-booke , the examinant further related ; that hee having occasion to use some mans service to the court , with the venetian ambassadour , according to his place , he sent to this david alexander , to know if he would goe along with him , the said david told him he could not go ; the examinant wondred at it , knowing his poverty , and asked the reason , the reupon he said he had some service to doe , and the examinant being his old friend , he would deal plainly with him , and tell him , and said it was of that nature , that it was as much worth as his life to discover , the examinant wondred at it , and made some difficulty to know it ; but he answered that in the lord buckinghams time he had been his friend , and therefore to him he would tell it , and put his life into his hands : the examinant said , why wilt thou put thy life into such danger ? then he said he was dispatcht and had received money for it to apply himselfe to the army , and to endeavour to get a place about the artillery , to the end to take a time to fire the magazine ; which he said you know i can doe by an instrument made like a watch , which having gone for so many houres then strikes fire , he said he had applyed himselfe to sir william balfore to be recommended by him , but was put off , onely had offered to him s. per diem for a serjeant majors place of dragooners , or some service for ireland ; but he refused it , as not fit for him , saying , that he was more proper for fire workes and artillery , &c. he said further , that meeting dulbier , hee told him , how now david , thou dost not come hither for the service against those from whence you come , he said no ; and then resolved to apply himselfe to sir iohn meldram , by whom he was to be presented to the house the third of this instant : he desired this examinant to take this relation from him and to acquaint the king with it , to whom it would be acceptable to know what was become of him , & he could not write it himself , and therefore wisht this examinant to write it in his table . booke : this examinant said he would put it into his table-booke , and said how should i venture to tell this to the king , or know it to be true ; and he said the king would soone know that , and it will be an honour to you to be so trusted , so he concluded his discouse with presenting a scotchman to this examinant in his journey , the scotchman was his companion , and a solicitor here for one gordan the kings agent at hamburgh ; but this examinant took only his name , and liking not his aspect , promised to send him some other time . balthazar gerbier . the same examinant , upon the day of octob , doth confirm all the particulars aforementioned : and further saith , that the reason why he told sir balthazar gerbier of this businesse , was to desire him to tell the king that he could not as yet performe it ; and he thinks that the king and sir iohn hinderson , doe believe that he is in my lord of essex army ; and that he doth intend to performe his promise . taken the ● of october . david alexander . this examinant told sir balthazar gerbier the of octob. last , i cannot goe with you , because i have undertaken to fire the ammunition in the army of parliament , and tell the king or sir john hinderson i have not effected it ; but i am going to sir john mildram at of the clocke this morning , to bring me to the parliament , to get employment in the artillery belonging to the parliament ; and that i might have had shillings a day to be a major in a regiment of dragooners with the parliament , and refused it ; which he desired the king might know . david alexander . october . . the said david alexander further acknowledgeth , that he offered to tell sir balthazar gerbier , what the great businesse was which did hinder him from going with him , and what he had said was as much as his life was worth to discover : that sir balthazar gerbier did refuse to heare it ; but this examinant did very earnestly presse to heare what it was . david alexander . ordered by the lords and commons assembled in parliament that this declaration , depositions , and votes thus amended be forthwith printed and published john browne cler. parliam●… finis . octob. . london printed for john wright . an abridgment of the late remonstrance of the army vvith some marginall attestations for the better understanding remembrance and judgement of the people : collected by speciall order for more publique satisfaction, and to undeceive the kingdome as to the false glosses by some put upon the said remonstrance printed. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an abridgment of the late remonstrance of the army vvith some marginall attestations for the better understanding remembrance and judgement of the people : collected by speciall order for more publique satisfaction, and to undeceive the kingdome as to the false glosses by some put upon the said remonstrance printed. rushworth, john, ?- . p. printed for laurence blaiklocke ..., london : . "by the appointment of the lord generall, and his generall councell of officers. decem. , . signed, jo. rushworth" eng england and wales. -- army. great britain -- history -- civil war, - . a r (wing a ). civilwar no an abridgment of the late remonstrance of the army. vvith some marginall attestations, for the better understanding, remembrance, and judgem england and wales. army. council c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion an abridgment of the late remonstrance of the army . vvith some marginall attestations , for the better understanding , remembrance , and judgement of the people . collected by speciall order for more publique satisfaction , and to undeceive the kingdome as to the false glosses by some put upon the said remonstrance printed . by the appointment of the lord generall , and his generall councell of officers . decem. . . signed , jo rushworth . london , printed for laurence blaiklocke , and are to be sold in the old-baily . . an abridgment of the late remonstrance of the army , with some marginall attestations , both for the better understanding , remembrance , and judgment of the people . to the right honourable the commons of england assembled in parliament , the humble remonstrance of his excellency lord generall fairfax , and his generall councell of officers , held at saint albanes , thursday november . . ovr tender reguard to the freedome of parliament and the offence taken at our least interposing in any thing of civill consideration to the parliament , have made us attend in silence the councels of parliament . but finding you upon those transactions , whereupon the life or death of all our civill interest doth depend , and a seeing no effectuall helpe from elsewhere to appeare , we cannot be wanting in ought we can honestly say or do to hold off impending ruine b from an honest people and a good cause . we are not ignorant that the rule salus populi suprema lex , is most apt to be misapplyed , some men framing pretences of publike extremity . therefore though we are full of sad apprehensions of the extremity at hand , yet c we shall first with all sobernesse and clearnesse ( as god shall enable us ) remonstrate to you our apprehensions both of the danger at hand and of the remedy with our grounds in both . we must first mind you of your votes once past concerning no more addresses to the king , and our engagement to adhere to you therein . in this none can say you were acted beyond your owne free judgements , we are sure by no impulsion from the army , the juster resolutions of the house did in this reclaime us , it pleased god instantly to lead you into such order , whereby the burthen of free quarter was taken off , supernumerary forces disbanded , the rest put into an established way of pay ; but when the house being called on purpose for a settlement began to entertaine motions tending to the unsettlement of what they had resolved , the minds of men without also became propor●ionably unsetled in expectations which way things would bend , seeing such uncertainty of any end of troubles upon the parliamentary account alone ; then began your enemies to hope and work your trouble , and their owne advantages , and in all the disturbances , so to execute all the other interests pretended , that at last they might set up that of the king and their owne above all others . thus the army which would not be won to disert the parliamentary and publique interest to serve their turnes , was by them rendred the only common enemy , and this new formed party at first professe for a full and free parliament , and to free it from the force of an army , d whereas the latest quarrell against it was that it would not force the parliament to comply with the interest of the king . they likewise pretended to be for the easing of the people of taxes to an army , whereas indeed their workings did necessitate the parliament to continue an army , and taxes for it . they also pretended for the covenant against an army of sectaries , and for all these ends a personall treaty with the king must be held forth as the only soveraigne salve . and thus the people were taught mainly to depend upon the king for all , and to petition for these things , and in pretence of them to levy warre against the parliament on the kings behalfe , and his partie is brought into the manage of it . yet they drive on the whilst the treaty to deceive you by old malignants , and a late discontented party in city and parliament , the lords closeing readily with the desires of them and the prin●e , though in the warre for your and the kingdomes defence , or in declaring with you against the scotch army and others , they would neither lead nor follow . and when in any thing of the treaty concerning the very life of your cause you made som stick , clamorous petitions with menaces come thick upon you , and forces listed daily about you , the city neither taking course , nor suffering their major generall to do it . and thus you were at their mercy whiles your armie was ingaged at distance against your enemies in armes . therefore we cannot conceive that in those resolutions for a treaty , the judgement of parliament was with due and former freedome . and we wish you to consider the evills of this treaty in laying designes for the kings escape , and settling future correspondencies , and further whether it can be just or safe in relation to publique interest . the summe of publique interest of a nation in relation to common right , and in opposition to tyrrany of kings or others , is , that for all matters concerning the whole they have a parliament consisting of deputyes or representers freelly chosen and with as much equality as may be , and that the power of making or altering lawes and of finall judgment be in them , and that it may not be left in the will of the king , or any other particular persons to make voyd their determinations or proceedings . and where the offence is in publique officers against their trust , this same counsell may call to account and punish such offenders either according to the law , or where it hath not provided e according to their own judgment . against these matters of publique interest this king hath all along his raigne opposed to uphold the interest of his and his posterities will , and power : first that there might be no such common councell to restrain him , but that all things of supreame trust concerning safety might rest in his breast alone without limit from any , or account to any on earth . and for this he raised his first and second armes against his people in both kingdomes ; then he fell to play lower that none of those things of supreame and absolute trust might be exercised by any others without him , no not by all the trustees of the , land , nor in any case though never so necessary for releife or saving of the people , and for this he raised his third armes , and when these his other claimes so farre failed , he would make you know that neither parliament nor any power on earth ( what ever ills he had done ) might meddle with his sacred person , no not so much as to secure him from doing more evill ; and for this last part of his interest his fourth armes were raised . there have also fallen in other particulars with these interests , as on the parliaments part to protect religious men , and to give freedome to the gospell and take away those corrupt formes by which snares were laid for such conscientious men ▪ but on the kings part the interest was to doe contrary ▪ so that the parliamentary and publique interests hath been made very much one with the interest of the godly , and the king interest one with their greatest opposites , now wee suppose that where a person trusted f with limited power to rule according to lawes , shall not only pervert that trust but assume also hurtfull powers never committed to him , and take away foundations of liberty and redresse , such a person so doing forfeits all that power and trust he had , and g absolving the people from the bonds betweene him and them , doth set them free to take their best advantage and proceed in judgement against him : much more when hee on these termes shall maintaine a war , and by division within and invasions from abroad lengthen it well to uphold the interest of his will and power against the common interest of his people ; such a person we may justly say is guilty of the highest treason against the h highest law amongst men , now we may conclude that this king hath beene the author and contriver of an unjust warre , and so is guilty of all the blood and mischeife to the kingdome ; and then how can the publike justice of the kingdom be satisfyed , the blood avenged , i the wrath of god for the same appeased without judgment executed against him , and consequently how far can an accomodation with him ( when god hath given him so clearly into your power to do justice ) can be just before god , or good men without somuch as a judiciall tryall or evident remorse for his fault he hath so long in word and practice denyed it , & never k confessed it till all other wayes of force & fraud had failed him , & now confesseth it conditionally so as you satifie him in other things which is great l hypocrisie , and while he thus in word confesseth it yet in m practise he denyes it by continuing commissions to the prince and other english rebells and revolters , yea to ormond and his associate irish . and what publique benefit can be from reunion of such contrary principles of tyranny , and liberty , godlinesse and superstition ? concerning the safety of such an agreement for his restitution especially supposing no reall remorse or change , but the same principles and affections first , how apt are princes in such case to take advantages for a breath , and secondly how easily may they do it after such agreement . for the former how apt it such a prince to doe it when the n bonds once accepted by him with unquestioned freedome at his admission to the throne and the oath of god betwixt him and his people , would not hold him , but of his owne mind have been all violated by him , and to justify the same the law of force set up to the utmost ? how can it be expected that the bonds of new concessions and agreements imposed by force and vincible necessity should be of more power to hold him when an advantage to recover what he lost doth offer it selfe , for the faith keeping of this king his accords with the scottish nation do witnesse for his revengefullnes ; these petty revenges after severall parliaments which were taken against such patriots as had appeared for common liberty against his interest . next for o facillity of princes finding occasion and quarrell after such agreement , and yet with some co●lerable saving to his honour , we know the court maximes concerning some crowne rights which a king cannot give away nor oblige his heirs in ; besides some matters of supreme trust are in the propositions barganed for with and taken as by lease from the king , so as to confirme his claime of right ; but from the force or necessity lying upon the king in this treaty , there is a ground of evasion from the whole agreement as not obligeing him what soever is drawne from him , and this is avowed publikely by the prince and his councell in answer to the earle of warwick , where the prince clearly sayes , the king in truth is still in prison . and consider the prince as heire , it serves to acquit himselfe , and as the next visible head of the kings party , the king being in durance , it may serve on behalfe of the king and his heires and party as a protestation against any conclusion by his treaty ; and the king himself hath insinuated the same sence of the treaty , and that not without grounds to gaine beleef , he being still confined within your garrisons and guards and upon his paroll ; so that if you proceed upon so rotten a foundation and be cousened , ye cousen your selves , and cannot blame him or his . and the king comming in thus may rest secure and wayte his advantage ( having go your hands bound ) till he finding it shall strike the first stroak which 't is like he will make a sure one if he can . to proceed , the king comes thus in with reputation of having long sought peace and that in a personall treaty , which you after a long denyall at last granting are rendred by his freinds as refusers of peace , so long in that the kings way he comes also with the reputation of having granted for peace sake , all that stood you upon , although it will apeare nothing at all to the publick interest . and if after this accomodation to satisfye the people you shall disband your forces , you are at the kings p courtesie still , and are but where you were at first . but the king in much fairer possibility to revi●e the old quarrell and carry it without fighting : for after so much blood and trouble for no thing , t is not like , you 'le find a competent party for the opposing of him ; & if you continue a sufficient strength & taxes they will be the more grevous , because deemed unnecessary , the king having granted what your selves did aske , we might reflect upon his numerous party ingaged by interest , or necessity to serve him , so long as he remaines in possibillity to head them , while hee by his supposed impunity whatsoever he does , hath encouragement to make all possible tryall of them , and they hope if he ever prevaile , he may make them amends : whereas this being once confuted by an example of justice upon him for such attempts , they would not be feared in relation to his posterities heeding of them ; besides these , we cannot but consider the vast possibilities after his restitution to make or use factions amongst your selves , and your adherents , and doe not all men acknowledge him most exquisite at it ? and if he had that faculty to availe at distance , much more in your bosomes , each party will be apt to strive which shall most and first comply with him , of which you and we have seene sad experiences already ; yet we refused ought of private contract or trust with him and his ; and all was with saving for the publike interest ; yet in that degree of our complyance with him , we find matter of acknowledgement before the lord concerning our error therein ; and we blesse him that preserved us from worse ▪ and if from the divisions we have , such complyances have beene with , and such advantages given to the kings party while acknowledged enemies , what worse may we not expect , when by a peace made they shall have the reputation of friends ? to conclude this , wee confesse our feares from the act of this parliaments unlimited continuance . if he forme q a ballancing party in the house of commons for his interest , that which should be our conservative , would be our baine , and yet we should be debarred from change of medicine ; or if a period be set to this parliament , and no provision for certaine succession , and sitting of parliaments , without dependance on the kings wil ; or if no provision for a more due constitution by more equall elections ; then the successe will be lesse hopefull and safe then the present , and you have not in this treaty made any provision for any of these things . but to proceed , to shew the certain insecurity to publike interest , in an accommodation with a restitution of the king . for you the supreame judicatory of the kingdome ( when he is in your power to doe justice upon ) to decline that way , and instead thereof to seek to him your prisoner in way of treaty , what speakes it lesse then that he is indeed above all humane r justice not accountable to or s punishable do any power on earth , what ever he does , & that kings cannot erre or doe wrong , whereas one example in this kind made , would be of more terror and availe then the execution of his whole party , yea then all satisfaction you can imagine . if our king claime by t conquest : god hath given you the same against him to fix your justice first upon the head , and thereby let his successors see what themselves may expect if that they attempt the like . this may hopefully discourage them from heading any more what instruments they might find in the like quarrell ; but to punish only instruments , and let the head go free , leads u to endlesse trouble ; besides it seemes a most unequall w and partiall way of justice ; and the same principles that exempt kings from justice would x absolve their inferiour ministers for what they doe in pursuance of such commands . if any object the covenant as obliging us to perpetuall addresses to the king as being the onely way consistent with the preservation of his person and authority . we answer , the covenant engageth to matters of publike interests , primarily , and absolutely without limitation , and after that to the preservation of the kings person and authority with the restriction to wit , in the preservation of the true religion and liberties of the kingdomes , so that it obligeth thereto no further , nor in any other way then shall be consistent with this restriction , yea this obligation to preserve his person and authority should be fulfilled in the preservation and defence of religion and liberty , otherwise the whole proceedings of both kingdoms in s making warre against him for preservation of religion or liberties , were questionable for breach of covenant since that way of preserving them did tend probably to the destruction , and was not with any safe provision for his person or that authority which is in conjunction with it , also where severall persons joyning in covenant for the good and union of themselves ( who are present and parties to it ) doe withall make a clause to the benefit of another person to the end he might joyne with them in the agreement , and pertake the benefit thereof ; if the absent party doe not accept , but refuse the agreement , as he keepes himselfe free from it , so he excludes himself from claime to any benefit there from . upon all the reasons and considerations aforegoing we propound . first , that it may be expressely declared and provided by you , that notwithstanding any thing concluded in the treaty , the person of the y king may and shall be proceeded against in way of justice for the bloud spilt , and other evils and mischiefes done by him or by his commission or procurement , and in order thereto shall be kept in safe custody as formerly . secondly , that for other delinquents , you would lay aside that particular barganing proposition , and declare that all delinquents shall submit to the judiciall power of the parliament , to be thereby proceeded against according to justice or mercy , as cause shall appeare , and that none shall be exempt therefrom , nor pardonable by any other power then that of the kingdom in parliament . the power of justice and mercy being thus saved , we proceed in order to the actuall dispensing thereof in relation to the late wars , and to peace with god , and quiet amongst men , to propound , as followeth : first , that the z capitall and grand authour of our troubles , the person of the king , by whose procurement , and for whose interest onely of will and power , all our wars have been , may be brought to justice for the treason , bloud , and mischiefe he is therein a guilty of . secondly , that a timely day may be set for the prince of wales and the duke of yorke to come in , by which time if they doe not , that then they may be immediately declared incapable of any government or trust in this kingdom or its dominions , & thence to stand exild for ever as enemies and traytors , to die without mercy if ever after found and taken therein . or if by the time limited they doe render themselves , that then the prince be proceeded with as on his appearance he shall give satisfaction , or not . and the duke as he shall give satisfaction , may be considered as to future trust , or not . but however that the revenue of the crown ( saving necessary allowances for the children , and for servants and creditors to the crown ) be sequestred ; and the costly pompe suspended for a good number of yeeres ; and that this revenue be for that time disposed toward publique charges , debts and dammages , for the easing of the people , so as the estates neither of friends to publique interest , nor alone of inferiour enemies thereto , may bear wholly the burden of that losse and charge , which by and for that family , the kingdome hath been put unto . thirdly , that capitall punishment be speedily executed upon a competent number of his chiefe instruments also , both in former and latter wars ; and that some of both sorts be pitcht upon as are really in your hands or reach . fourthly , that the rest of the delinquents english , may upon rendring themselves to justice have mercy for their lives ; and that onely fines be set upon them , and their persons declared incapable of any publique trust , or having any voyce in elections thereto , at least for a good number of yeers . and that a short day be set by which all such delinquents may come in , and for those who come not in by that day , that their estates be absolutely confiscate and sould to the publique use , and their persons stand exild , as traytors , and to die without mercy if ever found after in the kingdome , or its dominions . fifthly , that the satisfaction of arrears to the souldiery , with other publique debts , and competent reparations of publique dammages may be put into some orderly way . and therefore that the fines and compositions of delinquents be disposed to those uses onely , as also the confiscations of such who shall be excluded from pardon , or not come in by the day assigned . now after publique justice thus far provided for , we proceed in order to the generall satisfaction and setling of the kingdom . first , that you would set some reasonable and certain period to your own power . secondly , that with a period to this parliament , there may be a settlement of the peace and future government of the kingdom . first , that there may be a certain succession of future parliaments , annuall or bienniall , with secure provision , . for the certainty of their sitting , meeting , and ending . . for equall elections . . for the peoples meeting to elect , provided that none engaged in warre against the kingdom may elect , or be elected , nor any other who oppose this settlement . . for clearing the future power of parliaments , as supream onely , they may not give away any foundation of common right . . for liberty of entring dissents in the said representatives , that the people may know who are not fit for future trust , but without any further penalty for their free judgements . secondly , that no king be hereafter admitted * but upon election of , and as upon trust from the people by such their representatives , not without first disclaiming all pretence to a negative voyce against the determinations of the commons in parliament , and this to be done in some forme more cleare then heretofore in the coronation oath . these matters of generall settlement we propound to be provided by the authority of the commons in this parliament , and to be further established by a generall contract or agreement of the people with their subscriptions thereunto . and that no king be admitted to the crown , nor other person to any office of publique trust , without expresse accord and subscription to the same . for our parts , let but that way of justice be effectually prosecuted , and the settlement of the publique interest be assured to us and the kingdom , we shall desire discharge from our present service , and shall be ready to disband all or part , as shal be thought fit , the arrears of the souldiery being satisfied : we therefore desire that you would leave all private matters , and things of ordinary justice and right to the laws and proper officers , and commit all ordinary matters of state to the mannage of a fit councell of state , and apply your counsels to such things as are the proper work of parliament , to wit , the reformation of evils in present laws and administrations . and in order to such things that you would in time and place consider the petitions of welwishers to publique good . we againe desire that even from henceforth the aforesaid liberty of entring dissents may be admitted amongst you , as in the scotch parliament ; or at least , that such liberty be taken by all honest and faithfull members . by the appointment of his excellency the lord generall , and his generall councell of officers , signed j. rushworth , sce. decemb. . . finis . notes, typically marginal, from the original text notes for div a e- a as in publik fires all must lift up their voice and hands , bringing what ladders , buckets , or other assistanc they can , non expectandus praefectus vigilum si obdormiat , non praefectus urbis si cunctetur ; certatim quisque aquam hauriat tectum s●andat , flammam arceat oportet b as a part of the people in armes , or an army interposed against the standding authority for the life of good ionathan . . sam. . c commanders of the forces of the kingdome have been taken into the councell and execution of important matters , as in the deposing of a tyrant and enthroning a young king upon tearms or agreement . . chro. . . . . kings . . . so in the slaying of ioram and making iehu king. . king . . ●ea david consulted with such in matters of religion . . chron. . . . . . . trajan the emperour making captain of the praetorian band by the ceremony of giving him a sword , said , use this for me if i raign well , and against me if ill . d as ioseph was accused to his master gen. . . . e which is the ground of their enacting any law . . . . f rom. . . . paul speakes of authority or magistracy in its constitution ( not of a person abusively exercising it ) to be gods instrument of good to every one , and an encourager of good in every man , and an enemy to evill . therefore the kings of the israelites must know the law for a rule , deut. . and ioash being . yeares old had a crown put upon his head , and the testimony in his hand . kings . that being elder he might remember the rule which david avoucheth to be from heaven as a rule for all rulers sam. . . he that ruleth among men , must be just ruling in the fear of god . g . chron. lib●ah which a citty belonging to ( the preists . iosh . ) revolted ne subjecti esset ei [ iunt ) from all subjection , because he had forsaken the lord god of his fathers . h which is the safety of the people . i numb. . . hang them up that the fierce anger of the lord may be turned away from israel . deu . . thine eyes shall not pitty him , but thou shalt put away the guilt of innocent blood from israel , that it may go well with thee . . sam. . . . . wherewith shall i make the atonement that ye may blesse the inheritance of the lord , and they answered the man that consumed us , and that devised against us that wee should be destroyed , let men of his sonnes be delivered to us and wee will hang them , & the king said i will give them ; and after that god was intreated for the land . k not so much as acban who yet suffered ios , . , l iob. . that the hypocrite raigne not least the people be ensnared . m proverbs . . divine mercy to confessing and forsaking , but ex. . . pharaoh hardened to destruction , though he confesseth , yet when the dreadful thunders are gone his sin returnes . n what other right soever any prince hath , there must be such bonds covenant or agreement between him and his people , besides samuells anointings from god , david had that o iudah , . iam. . . and made a league with all israel before the lord . . sam. . . and afterward they annointed him king over israel . and at the coronation of ioash , . k. . there is a covenant also between the king and people . therefore . pet. . . the particular forme & subject of government is called an humane creature . o dan . . through his policie shall he cause craft to prosper in his hand , and he shal magnifie himselfe in his heart , and by peace shall destroy many , dan. . . . and after the leag●● made wi●h him he shall work deceitfully , hee shall enter peaceably even upon the lat● places of the province and shall do that which his fathers have not done , nor his fathers fathers , p as the sheep dismissing their 〈…〉 with the wolves . and have the english people suffered so many things in vaine . q as he often hath in particular votes . r and lawes which is to be more then man as persian and roman emperors have been flattered to be ; for just lawes being from god ( themis the daughter of iove ) who is not ever under them , ownes not his subjection to god , whereas god hath not put that distance betwixt a king and other men , they are his brethren though his subjects , deut. . ult. so david calls his subjects chro. . . s if any king because a king be unpunishable by men , then all kings are so , and no man may justly punish any king , but when a people to be punished , should spare their king as saul ( the people then admiring haply the persons as well as government of kings ) spared agag , sam. . . but we find gods instruments fixing more solemne punishment on wicked kings then on their wicked people , iosuah slayes all their kings ios. . . being thirty one , . cap. last , and hangs up some iosh. . . . . . gideon more solemnely executes the kings of midian then other enemies , iudges . . . ebud slayes king eglon , judg. . . so iehoiadah , and the commanders put athalia to death , chro. . . and if it be said that these two last princes came to the crown by force & blood , and so were without a title , it may be replyed , that such was the ontrance of the first of the english , french , &c. royall race from whom the present kings claime ; liue further , these two had raigned , and the people been subject to them ( which makes the most usuall title , ) the one for . yeares , iudg. . . the other six yeares , chro. . . iehu did slay both the kings of israel and iedah kings . and asaph psalme . . prayes that nobles and princes of enemies may be used after former examples . and as this ranke of men is opposing christ in the last times ; so are they by him and his people to be punished psal. . psalm . . . the lord 〈◊〉 right hand shall strike through ( kings in the day of thy wrath psa. . . . to bind their kings with chaines , and their nobles with fetters of iron to execute upon them the judgement written rev. . . . the fowles invited to eat the flesh of kings and capt. are slaughtered by the lambs as for david sparing saul , it was necessary for david a private person , and under private and personall hate and injury , and therefore could not within his bounds , and without scandalous appearance of revenge or ambition have done otherwise , and it was only declared against the succeeding of his race not the continuance of his person , but the state and people not taking course against saul , did smart in his other way of punishment , as for david , it appears that he forbore him not meerly out of reverence to his authority , for he took up arms to defend himselfe against him and would ( if that part of the people would have joyned ) have maintained kailah against him , sam. . now all this was contrary to subjection , and intimates that david , if he had beene put to it , and he could no otherwise have escaped , would have used force against saul , and as for david being spared , who can thence conclude that he should be so ; and if he should be spared then who can conclude the like for every offending king , since there was something speciall in his case not applyable to every case , besides other there was his publik repentance undoubtedly acknowledged by god to be true , also gods declaring how he should be punished himselfe , taking the matter in hand , yet so , that the people shared in his sufferings further , his miscarriage was but an act , and against a person not a cause ( or against a nation . ) t and in no other way will the people yeeld themselves to the discretion of a prince to be distroyed or not . u chr. . ul● and the city was quiet afte● they had slaine athaliah with the sword . w num. . , , . the chiefe men guilty were first hang'd , being ; and then inferiour men slaine , being as cor. . . both making . x as for infalliblenesse and superiority to the law would excuse abraham in slaying his sonne , gen. . and did the israelites in robbing , exod . . y even a servant by the civill law may accuse his master as guil●y of treason , ●o , liberti certis le causis p●ssant capitalem accusationem adversus patronos in●●ituere . z god hates all workers of iniquity , psalm . . and excepteth not the person of princes , nor regards the rich more then the poore , iob . . and therefore he saith , levit. . . ye shall doe no unrighteousnesse in judgement , thou shalt not respect the person of the poore , nor honour the person of the mighty ; reformation were better begin at the majorites then the minorites , num. . . and the &c. midianites ▪ and psalm . . david prayes against the head of those that compasse him about ; and he gives a generall law for punishment of murderers , gen. . . and num. . . so you shall not pollute the land wherein ye are , for blood it defiles the land , and a land cannot be cleansed of blood that is shed therein , but by the blood of him that shed it , chron. . . now after the time that amaziah did turn from following the lord , they made a conspiracy against him , vajiksher gnalaiv kesher , ligaverunt contra enim ligationem or ligam , some copies of read syndesmos , a combination , league , or confederacy against him ; the words signifies any conjunction , as iob . . of the pleiades , and nehem. . . of the wall , and it is of a warrantable combyning of iehu , kings . . and this against amaziah was in ierusalem the seat of the chiefe state or great councell of the kingdome , and it was done ( as it seems ) by publique authority , for he fled to lachish , and there as iunius . kings . . lived a private life for eleven yeeres , in the mean while when they so conspired or combined against him , the whole people of iudah made azariah king instead of his father ; yet though they deferred the execution , they did not omit it , but after the said yeers , sent after amaziah to lachish , vbi morte offecerunt eum vamitha hac ethana to sea , they put him to death . so that this was done in an open publique , ( not in a sudden and clandestine , or tumultuous ) way , which it selfe was not afterward punishable , as in this case of amaziahs father , kings . . & chap. . and of wicked ammon , the people slew them servants of his that slew him in his own house , kings . , . a it cannot be unjust to desire justice , and that on , and as a guilty man , and no further . * chro. . . all the congregation made a covenant with the king , sam. . , whom the lord and his people and all the men of israel chuse , his will i be . by the king and queen, a proclamation for nominating and appointing commissioners for putting in execution the act of parliament lately passed for raising money by a poll, and otherwise, towards the reducing of ireland william r. england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation for nominating and appointing commissioners for putting in execution the act of parliament lately passed for raising money by a poll, and otherwise, towards the reducing of ireland william r. england and wales. sovereign ( - : william and mary) william iii, king of england, - . mary ii, queen of england, - . england and wales. parliament. sheet ([ ] p.) printed by charles bill and thomas newcomb ..., london : . reproduction of original in huntington library. broadside. at end of text: witness our selves at westminster the thirteenth day of may, in the first year of our reign. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- act for raising money by a poll payable quarterly for one year for carrying on a vigorous war against france. england and wales. -- act for granting to their majesties an aid of four shillings in the pound for one year for carrying on a vigorous war against france. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king and queen , a proclamation for nominating and appointing commissioners for putting in execution the act of parliament lately passed for raising money by a poll , and otherwise , towards the reducing of ireland . william r. william and mary , by the grace of god king and queen of england , scotland , france and ireland , defenders of the faith , &c. to all to whom these presents shall come greeting . whereas in and by one act lately passed in this presents parliament ( entituled , an act for raising money by a poll , and otherwise , towards the reducing of ireland ) it is enacted , that so many of the persons named and appointed to be commissioners by another act of this present parliament , ( entituled , an act for granting a present aid to their majesties ) as by vs under the great seal of england shall be nominated and appointed for that purpose , shall be commissioners for putting in execution the said act for raising money by a poll , and otherwise , as by the said act of parliament , relation being thereunto had , more fully may appear ; we reposing especial trust and confidence in the abilities , care and circumspections of all and every the person and persons which were named and appointed to be commissioners by the said act for granting to vs a present aid , that are now living , have nominated and appointed , and do by these presents nominate and appoint them , and every of them , to be our commissioners for putting in execution the said act of parliament for raising money by a poll , and otherwise , and all the powers therein contained within all and every the several and respective counties , ridings , cities , boroughs , towns and places , for which by the said former act they are appointed commissioners : and to them the said commissioners , or to such or so many of them as by the said act for raising money by a poll , or otherwise , are or shall be in any case or cases requisite and necessary ; we do by these presents give full power and authority to put in execution all the powers contained or specified in the same act , and generally to do , perform or execute , or to cause to be done , performed or executed , all matters or things whatsoever , which any commissioners appointed , or to be appointed by vs , may or can lawfully do , perform or execute in relation to the same , within all and every of the said several and respective counties , ridings , cities , boroughs , towns and places for which by the said former act they were commissioned and appointed as aforesaid : hereby willing and requiring them , and every of them , from time to time to proceed and act according to the rules and directions of the said act of parliament , and diligently to intend the execution of this our service in all things as becometh ; and these presents shall be to them , and every of them , a sufficient warrant and discharge in this behalf . in witness whereof we have caused these our letters to be made patents . witness our selves at westminster the thirteénth day of may , in the first year of our reign . god save king william and queen mary . london , printed by charles bill , and thomas newcomb , printers to the king and queen's most excellent majesties . . the declaration of the esquire at arms this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ b this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ b]) the declaration of the esquire at arms elsliot, thomas. sheet ([ ] p.) s.n., [london? : ] a declaration "that the parliament is dissolved, and that all the actions of oliver cromwel esquire, captain-general of all the english forces, be just, honest, and legal .. and if any person or persons shall, .. attempt to question the authority of the lord general cromwel, .. the free-born persons of england under his protection will call them to a severe account.". dated and signed at end: dated the of may. . witness tho. elslyot, ar. ar. conq. place of publication from wing. reproduction of the original in the british library. with: a mite to the treasury ... / by j.w. london : printed by t. newcomb ..., . eng cromwell, oliver, - -- early works to . england and wales. -- parliament. great britain -- history -- commonwealth and protectorate, - -- early works to . a (thomason e _ b). civilwar no the declaration of the esquire at arms: elsliot, thomas. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of the esquire at arms . forasmuch as the barons of the exchequer and other judges of the commonwealth of england have in their judicature made a doubt whether the parliament be dissolved or not , it is declared that the parliament is dissolved , and that all the actions of oliver cromwel esquire , captain-general of all the english forces , be just , honest , and legal ; and that he is a just and honest man in whatsoever he enterprised in the said affairs . and if any person or persons shall , by any colour or pretence whatsoever , attempt to question the authority of the lord general cromwel , or disturb the peace of this nation , the free-born persons of england under his protection will call them to a severe account . witness tho. elslyot , ar. ar. conq. dated the of may . . an ordinance for the bettter [sic] raysing and levying of marinors, saylors and others for the present guarding of the seas, and necessary defence of the realme and other his majesties dominions. die veneris . die feb. . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance for the bettter [sic] raysing and levying of marinors, saylors and others for the present guarding of the seas, and necessary defence of the realme and other his majesties dominions. die veneris . die feb. . england and wales. parliament. browne, john, ca. - . sheet ([ ] p.). printed for i. wright in the old baily, london, : febuary [sic], . [i.e. ] caption title. signed: j. browne cler. parliamentorum. reproduction of original in the henry e. huntington library. eng england and wales. -- royal navy -- recruiting, enlistment, etc. impressment -- great britain. great britain -- history -- civil war, - . broadsides -- england -- th century. a r (wing e ). civilwar no an ordinance for the bettter [sic] raysing and levying of marinors, saylors and others for the present guarding of the seas, and necessary d england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance for the bettter raysing and levying of marinors , saylors and others for the present guarding of the seas , and necessary defence of the realme and other his majesties dominions . die veneris . die feb. . whereas it hath beene thought fit by both houses of parliament to appoint great fleets this yeare to be prepared for service with all possible expedition for the guarding the narrow seas , preservation of trade and for the necessary defence of this kingdome , and other his majesties dominions , which at this time is of more necessity then ever considering not only the home-bred distractions of this kingdome and of ireland , but the great preparations which are marching already in forraigne parts in aide and incouragement of the papists , and il-affected party amongst our selves , now up in armes against the parliament : and whereas the said fleets now in preparation to be set forth cannot timely enough be expedited unlesse the same be furnished with fit , and sufficient men for that service . be it therefore ordained by the lords and commons in this present parliament assembled , that the committees of the admiralty appointed by both houses or any three of them shall , and may at any time or times , between the first of febuary , . to the last of december next comming by themselves their commissioner , or commissioners or their officer , or officers or any of them shall rayse leavy and impresse such , and so many mariners , saylers , watermen , chirurgions , gunners , caukers , shipcarpinters and whoymen , as also carmen for the said carriage of victualls as shall be requisit , and necessary for this present expedition , or for any such further defence of this realme , or any other of his majesties dominions , which said marines , saylors and other such persons so to be levied , and impressed as aforesaid , and every of them shall have payed and delivered unto him upon such his impressing by the person that shall so impresse him , for conduct money for every mile from the place where he shall be so impressed , to the ship or place where he shall be appointed to make his repaire the some of one penny , and the like some of one penny for every mile from the place of his discharge unto the place of his aboade , and shall be allowed for this service , the best wages and intertainement which have , or hath been allowed by his majesty to any such person or persons respectively at any time within three yeares last past ; and to the end that the common sea-men may be the better encouraged , with alacrity and cheerefullnesse to undertake this service ; be it further ordained that an addition of wages be allowed from s. per mencem unto s. per mencem to every common sea-man , as also unto such water-men as have been already at sea in his majesties ships or others , and can doe their labors as sea-men and not otherwise ; and if any marinor , saylor , waterman , chirurgion , gunner , ship-captenter , canker , whoy-man , or carman shall wilfully refuse to be impressed in or for the said service or shall voluntarily , hide and absent himselfe at the time of such presse to avoid the said service , or receaving his said conduct monies doe not appeare at such places and times as by his ticket he is appointed , that then any such person so offending shall suffer imprisonment by the space of three moneths without bayle or mayneprise . provided alwayes and be it ordained , that no money or other reward shall be taken , or any corrupt practice used by any the persons authorised by this ordinance , in or for the pressing , changing , spairing or discharging of any person or persons to be impressed as aforesaid as they will answer such offence in parliament ; and all deputy lieutenants , majors , bayliffs , constables and all other inferior officers , are hereby required and injoyned to be aiding and assisting , from time to time the persons authorized by this ordinance , according to the true intent and meaning thereof . provided , alwayes that this ordinance shall not extend , to the pressing of any master or masters-mate , gunner , carpenter , or boate-swaine of any ship or vessell that is or shall be in imployment . die veneris . febuary . . ordered by the lords and commons assembled in parliament , that this ordinance shall be forthwith printed and published . j. browne cler. parliamentorum . london , printed for i. wright in the old baily , febuary , . . miltons republican-letters or a collection of such as were written by command of the late commonwealth of england from the year to the year / originally writ by the learned john milton, secretary to those times ; and now translated into english by a wel-wisher of england's honour. literae pseudo-senatûs anglicani cromwellii. english england and wales. council of state. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) miltons republican-letters or a collection of such as were written by command of the late commonwealth of england from the year to the year / originally writ by the learned john milton, secretary to those times ; and now translated into english by a wel-wisher of england's honour. literae pseudo-senatûs anglicani cromwellii. english england and wales. council of state. milton, john, - . england and wales. lord protector ( - : o. cromwell) england and wales. lord protector ( - : r. cromwell) [ ], p. s.n.], [amsterdam? : printed in the year . translation of: literae pseudo-senatûs anglicani cromwelli. place of publication suggested by wing. reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- lord protector ( - : o. cromwell) england and wales. -- lord protector ( - : r. cromwell) great britain -- foreign relations -- - . great britain -- history -- commonwealth and protectorate, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion miltons republican-letters or a collection of such as were written by comand of the late commonvvealth of england ; from the year . to the year . originally writ by the learned john milton , seecrtary to those times , and now translated into english , by a wel-wisher of englands honour . printed in the year . curteous reader when these following letters came first to my hand in latine , i began to question with myselfe whether the usurpatious proceedings of their authors had not rather fitted them for the fire , then reading . but considering that whatever their proceedings , previous to their obteining the goverment , might be , that , when obtein'd , the support thereof obliged them to consult the inclinations of the people , and square their actions by the most honourable of their humours : i adventured , and in their peruseall found the true spirit of the english nation soe livelyly displayed , that i was not onely glad i was swayed to their reading , but resolved for the comon benefit of my country , to translate them into english ; that they might see how zealous our predecessors have been in ascertaining and maintaining the liberty & property both of the civill , and religious rights , not onely of themselves , but also their allies & confederates , whensoever invaded , though by the most potent of their enemies . and of what necessity they then found a protestaut union to be , may easily be guest at by their continued cares and endeavours for the obteining and strengthening the same both at home and abroad . and in what degree of honour our nation must then have stood , when their resolutions were a ballance to the actions of europe ? nor will it be unworthy of consideration , that soe farr was the french king then from dareing to offer such violence to his protestant subjects , as of late he hath , that he , at our desire , became mediator with the duke of savoy , on behalse of his ; whom that prince for their close adherence to the reformed religion hath so barbarou●…y butchered . et readily disclaim●…d the a●…ions of such of his forces as were co-acters in that cruelty as done vvithout his consent or privity . neither rested he ●…ere ▪ but uudertooke vvith that prince for the future fidelity and obedience to goverment of those persecuted people . novv , that the consider aeion of these things may stirr up ●… zeal in every individuall englishman , to be , so farr as in his station he legally may , an augmentor or at least a pre●…erver of those libertyes , priviledges , and honours , vvhich our vvorthily ren●…ned predecessors transmitted to 〈◊〉 , not onely to secure us in a happy enjoyment of our lives and propertyes ; but also in trust for the generations unborn . and in what dishonerable characters those our posteritys will be inforced to vvrite our memory , if vve prove so faithless in our trust ▪ as to leave them onely ●… bare report of ▪ vvhat our progenitors have purchased for us and them , and , to their irrepairable vvrong , and our everlasting infamy , ●…ave imbezilled ; is that vvhich no true english ●…eart , ●…ut must tremble at the very thought of . fare well . letters from the common-wealth of england , to forreign princes , &c. the parliament , & people of england , to the most noble senat , and corporation of hamburgh greeting . wee doe unanimously acknowledge the antiquity of , and shall be 〈◊〉 willing also to revive the correspondence , which has been , upon severall good inducement●… , erected and established by our praedecessours , and to this day continued between this government , and your most noble corporation . and haveing by yours of the . of june understood of some alteration in the comportment of some of our people , who do not , it seemes , behave themselves with that punctualyty and integrity they formerly did among you , we did immediatly thereupon truly consult with some persons of judgment in the point ▪ whom we charged to inquire , narrowly among the clothiers and the rest of the people concerned in that manufacture ; assureing you withall , our further car●… such to be , as may render you sensible of all our genuine inclination and affection towards you . but some thing also there appeares , which not on●…ly we , but equity and ●…ason it selfe calls for from you , and that is , that some care , suitable to the dignity of your citty , be taken of the security of the priviledges , lives , and ●…ortunes of such of our merchants as are present liver●… a●…ong you . which as it has been the main purport of our former letters , so the d●…yly complaints broug●…t us on behalfe of the said merchants and estates ; ( all at stake ) render it necessary , that this repetition of the said letter of ours , be looked upon as comeing with suitable earnestnesse : for albeit they seeme to owne the recept of some ease , ( as to time ) from our former interposition on ●…heir behalfe ; and a proportionable breathing from the offensive villany of their enemies , yet , since th●… arriv●…le of cochrane ( of whom our former complaints made mention ) who pretends i know not what of an embassy from charles the son of the late decea●…ed king , they seem to complaine of the want of that protection , which they were formerly won●… to receive , upon demand made t●…erof against some late indecencies , and mortal assaul●…s made upon them . and that to such adegree that when one or more of the said merchants , together with the governour of the company himselfe , were , by fraude , seduced on board a certain privateer and thereupon applying to you for reliefe , they were deyed , so that the merchants themselves were by force of armes constrained ( not without hasard of their lives ) to rescue their friends from out of the hands of their enemies , and that at your very doore . whom when by good fortune they brought home , and as if it were r●…cued from slavery thro meere strength , and delivered t●…e pira●…s alsoe into custody , ●…uch has been the insolent p●…oceedings of that vagabonde and rebell cochrane ▪ we understand , as to require not onely the discharge of the said rovers , but the surrender of the said merchants as his prisoners . wee therefore with all earnestness pray and desire , that if you are such as you ●…eeme to be , inclinable to the inviolable support of those contracts , alliances , and commerce for along time observed be●…ween us , our people may be at some certainty to be at length relied upon , in your faith , prudence , and authority , and that in order thereto you he prevailed with to assigne them afair hearing in reference as well to cochrane and party concern'd in this fact , as such also as were concern'd in the yet un-accounted for affront tendered the curate , whom we exp●…ct you woud see right done unto ; by exposeing to prosecution , and seeing brought to condign punishment , those that abetted in that assault , or expelling them your ●…urisdiction ▪ and do not thinke , that people under their circumstances , and banished like tarquins , are preferrable to the amity and power of england . for if you do thinke fit to suffer our enemyes to practise what they list upon our merchants in your citty , consider among your selves how unsafeand dishonourable it may be for them to continne an●… longer among you . all which we referre to your prudence and equity ; recommendnig your selves , in the mean time , to the divine diety . adieu . westminster dated august . . to the senat of hamburgh . the experienxe which we have had of your integrity towards us , when our affaires lay under a declineing condition , gives us an assuran●… of the sincerity of your good will and affection to them now , at atime , when in a thriveing one. the determination of the warr , and the defeat of our enemies on all hands , have been our inducements to judge nothing to be either more equitable , or more conduceing to the establishment af a firme peace , and settlement of publick matters , then that those , who thro gods guidance , and our meanes , have either attain'd to their liberty , or who by our gift , and grace , have out of the broyles of a civill man , their lives and fortunes ●…ecured unto them , shoud on their part , if required , and that in a solemn manner too testify unto us as their governours a becomeing fealty and obedience ; now espe●…ally , at a time , when so many turbulent persons in enimity , and more then once taken into favours still continue their restlesse and perfidious practice of disturbing us both abroad , & at home , and sollicitting fresh ones against us . wee have therefore caused a certain forme of an oath to bee ●…ramed & expresly be be sworn unto by all such , who are to bear either publick office , or enjoy the benefit of our laws ; such as peace , tranquillity , or other the effects of a peaceable being . our care herein hath likewise extended to the forreige plantations , and where ever elce our merchants reside abroad upon the account of trade , in order to answer the conveniency and necessity of secureing the fealty and allegiance of those whom we govern which heightens our admiration , when we reflect upon some tideings sent us from some of our merchants liveing at hamburgh , who write of theirbeing interrupted by some among you in their due obedience to our commandment . the states of holland a truly thinking , politick people in their go●…ernment of aff●…ires , have judged it no way concerning them , 〈◊〉 strangers ; namely , english obeyd their magistrates at home in this or that method ; and for you to act contrarily is , we confesse , a point we cannot get over . but it is not a charge which we impute to you , but rather reckon it as the ●…ffect either of a privatc designe or fear of some who are reported to have been scar'd away from their al●…egiance unto us , by the insolent useage of some wandering and banish'd scotchmeu . we●… do in the meane time pray and desire ( not on behalfe of trade so much as that of the commonwealth ) that you ●…ill suffer none among you , here●…n concern'd , to interfere under , any pretence whatever , or meddle with the exercise of our gove●…ment over our people , as being an intrinsick jurisdiction of our owne without deferrence to any forreigne pow●…r or authority whateve●… . for w●…o among yourselves would not resent any practise tending to the alienation of the allegiance of your people ? adieu . dated january . ●… . to the king of spaine . anthony ascan , a man of justice , learning , and splendid family comes to your majesty in our name upon a message tending , we hope , to the mutnall and common profit as well of spaine as this nation . wee therefore desire that , as we are sincerely disposed to returne a suitable acknowledgment npon occasion , you will according to custome vouchsafe him a fair , and peaceable admission to , and retreat from year court : but if otherwise inclin'd , to order him a speedy intimation thereof , with liberty to repair with safety where he shall thinke fit . dated eebruary the . . ditto . your majesty , nor any elce , who have inpartially pereused our publick edicts concerning this matter , can pretend ignorance of the present state of our affaires , and how we were necessitated to shake off oppression by takeing up arms , rescuing our liberty , and establishing the forme of government which we now exercise . wee truly looke upon it as an easy taske to justify our proceedings to all the world , in referrence to our allegiance , equity and patience , nor ought we to under goe the harsh censures of any that are competent judges , for asserting our owne , and the guard of our authority , honour and dignity against the scandalous and infamous barking of banished wanderers . now that which more particularly concernes the intrest of forreign nations is this ; our enemyes are dissipated and quelled , and we thereby , thro gods assistance , arived at a wonderfull deliverance , and therefore do publickly and genuinly declare our readynesse to embrace and enter into an alliance athing preferrable to all ( controwle , with our neighbours : and previous thereto have deputed unto your majesty anthony ascane a person of knowne prudence and integrity , in order to his treating with your majesty on behalfe of the usuall alliance and correspondence between both nations , or of entering into a new one if need be ; who we pray may have free accesse to your majesty , and such furt●…er provision made for his safety and honour as is fitting , dureing the time of his abode with you under that character ; together with liberty freely , to make knownsuch matters as he hath in command from us to communicate to your maj. for that they tend , we hope , to the mutuall benefitof both nations , enableing him to return unto us the result of your sense of his said errand . dated at westminster february . . ditto . your majesty has ere this we presume , understood from what we have already publicky expos'd , the sundry mischiefes conveyed unto us fro●… an unfaithfull peace , and the civill warr that followed it ; the low condition which we were brought under of suffering the common-wealth either to sink under its own burthen , or altering , and that in a considerable degree , the form of the government . to which publick declarations if there be more weight applyed , or credit given , as of right there ought to be , then to the most insolent calumnies of needy people , verily those persons who judge very uncharitably of our affaires abroad , might depe●…d upon farr more moderate useage from ns . for to tax what ever we chearfully contended for , in imitation of our ancessours pnrsuant to our owne right , and the nationall liberty of england censeriously , argues ill breeding . but uow in referrence to matters of community with other nations , it is not our purpose to lessen , but rather promote and ratify all we can the alliance , and commerce usually observed by england with all other nations what ever . and in as much as our trade with your kingdome may be considerable and suitably profitable to both , all becomeing care imaginable shall be by us taken to prevent the same 's being impeded , or any way prejudiced . but yet all these our promisses are but wast paper , while pirates , and our revolters are tollerated to lay violent hands upon , carry in into your ports , and , as it is reported , expose to publick sale at lisbonemarket , our merchant men and goods loaded thereon . to your timely prevention of which practice , and to the end our desireof an alliance may appear more visible , we have sent your majesty charles vane a very noble gentleman under the figure of our embassadour with comands and credential letters testifiing our said trust committed to his care. and do therefore pray that your maj. may be pleased to admit & hear him courteously , and make all becomeing provision for his honour and safety thro out the extent of your empire . all which shall be kindly acknowledged by us from whom your majesty may depend upon suitable returnes when occasion shall seeme to call for it . dated at westminster february . . to the king of spaine . dayly almost , and most lamentable complaints are brought us against certain masters and pilots , who being english men , and revolting from us the last year , carrying away villanously and treacherously , ships committed to their care as masters , at length went off from that part in ireland where they were all last sumer besieged , and have scarce escaped the reproofe due to their wickednesse , but they betake themselves to the port of lisbone planting themselves at the mouth of the river . tagi , where they exercise wi●…hout controul , piracy upon all eng●…ish merchant men tradeing to and again thither infesting ; and renderiug infamous by robbers all the neighbouring , as well as the sea berdering upon the streights of gibraeltaer . to the speedy prevention and removeall of which practice if there be not some sudden remedy applyed , who cannot but discerne the drooping decay of the great trade now carryed on between us and portugall , and which intrinsically consist of vast advantage to both nations . wee therefore again and again pray , that you will forthwith issue your commands for the speedy suppressing of our said revolters , and rebells , causeing them to be with all imaginlble speed rooted out and banished the confines of portugall ; and if in case there be any false , conterfeited embassadour resideing there from charles stuart , you vouchafe him no hearing , or take any other notice of him , but rather looke upon us as those to whom the government of england is , thro gods decree , descended , and that you woud , not suffer the river and port of lisbone to be blockt up against a people who reckon the intrest of england and that of their yours as one. to the king of spaine . your majesties , and don alphonso de codenas your embassadours letters have demonstrated the quality and degree of your majesties resentment of the most wicked murther of our embassadour anthony ascane , and what has been hitherto done , towards the punishment of those that are suspected to have had a hand in his death . yet when we seriously consider upon that act , and that it removes and ●…estroyes the very foundation of entering into , or manteining a correspondence , when the right of embassadours ( most sacred among all nations . ) shall be found to suffer so great an affront , we cannot decline the repeating our instant pressures unto your majesty for due and speedy punishment to be exercised upon those parricides , and that your will not suffer justice to be further suspended thro any deferrence to , or restraint of religion . and albeit we very much admire the friendship of a most potent prince , yet we reckon it a breach of our duty to spare any endeavours tending to the reduceing to just acknowledgment , the authors of so great a villany wee kindly thanke your majesty for that kindnesse which it has commanded to be shewen our people in the ports of spaine , and the great signification of your affection , received by the conveyance of your embassadour ; nor will it be less pleasant unto us to meet with an opportunity that may furnish us with a capacity of makeing you suitable returnes . but if justice be further resoited ( as we have for a long time sollicitted that it shoud not ) we cannot apprehend any foundation to e●…ect a sincere and dureing alliauce upon , towards the support of which t●…ere shall not be however any honest occasion slipt on our parts , and are of opinion that the presence of an embassadour from you here , may not contribute a little thereto . to the spanish embassadour the councill of state have as soone ever as the other more weighty affaires of the nation coud permit them , presented the parliament with the four memorialls , which your excellency gave in thereto upon the . of december last , and in answer to the first paragraph thereof relateing to the wicked murther of mr ascane their late embassadour are commanded to offer the following reply ; viz. that the parliament haveing so long , so often , and so justly called for justice against the said persons , judge it an act of superfluity to add any further sollicitation thereto , especially when as your excelleu●…y well observed , his majesties owne honour was so much concern'd to do it without importunity ; and ●…thing which , if not complyed with , will certainly defeat the foundation upon which humane society is erected . nor can it be truly underastood by any argument borrowed from religion , why innocent blood , basely drawen , ought not to be vindicated . therefore the parliament seemes earnestly to require , and no less to depend upon an effectuall compliance with their former demands in referrence to a thro satisfaction to be given for the losse of their subject . to the most serene prince leopold , arch duke of austria , praesident to king philip in flanders . when we were , not without great clamour , made acquainted with the stealth of jeane puccheringam a maiden gentlewoman of good extraction , plentifull fortune , and an heiresse , who yet under age , and consequently the care of a guardian , has been seised upon , not far from the place of her habitation at greenwich , forced on board a vessell ready at hand for that purpose , and suddainly hurried away out of the hands and embraces of her friends , by the contrivance of one walsh , who since used indirect meanes ; such as the terrour of death &c. to freight the wealthy girle into a marriage with hm ; we did immediatly thereupon , previous to the stopping the successe of a villany fo cruel & un heard of , direct some persons to apply to the governours of newport & oostend ( to one of which two places shee was reported to have been snatched ) on behalfe of her freedome out of the hands of her ravishers , who both acted suitable to persons of singular integrity , & upright dealings to wards the reliefe of the poor captive thus felloniously hurried from home ; but shee s , to escape ( in the mean time ) the violence of these villans , retreating unto a nunnery as a sequestred person , the said walsh , to force her thence , brings his action at law in the spirituall court at ipre where in his declaration , he lays his claine to her by contract of marriage . now in regard the thiefe , and the heiresse are both our people , and that it , by good evidence , appeares , that this outrage has been commmitted within our dominion ; and withall that the considerable bait , being the estate , which he mainly and originally gaped at , lies under our jurisdiction ; as also that the cognisance of the whole cause , and consequently it's judgment does in our opinion , properly belong to us alone ; let him repair hither with his claime , let him comence his suit here , and make out the right he pretends unto her being his wife . this brings your excellency in the mean time , an earnest repetittion of what has been already very often pressed by our envoy at brussells , that the afflicted and forlorn maiden , the honesty of her exactation , the surreptitious method wherein shee was conveyed from out of her country by theft , be prevalent inducements to you to take care of her being in safety permitted to repaire home . which , not onelywe , ( who if there be occasion for it , shall make a suitably ready expression of our aknowledgments , but even humanity and modesty it selfe , which ought to influence the disposition of all good and valiant men and engage them in the de●…nc of the honour & chastity of her sex , se●…me , with united petition , to call for . dated at westminster , march . . to the most serene prince , john , the iv. king of portugall . the consideration of your majesties honourable reception of , and curteous speedy audience allowed unto our embassadour , hath induced us to let you know by the quick dispatch o●… this our second , that we accept thereof very kindly , and that our purposes contain nothing more venerably to observe with deeds , as well as words , then the inviolable support ( without we be first provoked to contrary dealings ) of the peace , alliance , & commerce which we are engaged in with severall nations , and which among the rest , have been for a long time ratified between us , and portugall . nor has our fleet gone to the river tagus upon any other different errand , then barely to chastise our enemies , ( who will not be warned by the many flights , which we so often already instructed them with the experience of ) and rescue such effects of ours , as , being by force and treachery taken away from our people , the murrain of these reb ils has carryed into your ports and especially lisbone it selfe , where they vend the proceed of their theft at open sale . but yet we are apt to believe that most of the peoole of portugall have , by their depraved behaviours , discovered what sort of persons they are , how addicted to impudence , fury , and madnesse . the consideration of which strenghtens our confidence and hopes so much the more , of prevailing ( in the first place ) with your majesty in favour of edward popham , a very worthy gentlemen , whom we have appointed comander in chiefe of this squadron ; & sent for the overthrow of these pirats ; and that in the next place you woud treat them , and their comanders not as persons worthy of hospitality , but ●…heeves , not merchants , but the bane of thrade and breakers of nationall laws , and consequently deny them admittance into , or shelter within the pro ection of your kingdome , but rather banish them the limitts thereof : but if you shou'd thinke fit to be otherwise inclinable , that then we may be at liberty , to assault , r●…duce , and , at our ●…ngle charge , force them to thatdue subjection from which they have renegadoes , and rogues like revolted . which as it has been the substance of our former pressing d●…es , so this comes to your majesty as a repetition thereof , accompanyed with no lesse fervency and earnestnesse . in which , be your compliance the effect either of justice , or complement , it will not onely advance and add to the glory of your j●…stice in all other well governed nations of the world , but oblige us and more particularly the people of england , before of no contrary disposition towards the people of portngall , and your family in amore especiall manner . dated at westminster aprell . . to the citty of hamburgh . letters have more then once interchangeably passed between us and you , concerning differences ariseing between merchants , and some other matters also , which seemed more particularly to relate to , and touch the dignity of our republicke . but in as much as we apprehend that such matters can be scarcetransacted by letters alone , and understanding of the refort of certain seditious persons thither from charles stuart , whose errands consist of nothing so much , as to practise wickedness and insolence in order to the defeating and ●…oly removeing the trade , which some of knowne affection to their country drove with your citty . wherefore having appointed richard bradshaw a very noble and worthy gentleman to go under the character of our envoy thither , to propose and transact such matter at large , as equally concerne the joint advantage of both republicks and that in pursuance of our commssiion and subsequent instructions to him , we pray that you give him speedy , audience , and in all things , cause such provision to be made for the honout and credit of his errand , as custo●…e has renderend practicable in all nations to persons of his degree . adieu . dated at westminster aprill ii. . to the corporation of hamburgh . most noble , magnificent and worthy gentlemen . dear friende . your entertainment to our resident , upon his arrivall with you , under that figure , has appeared so free , affectionate , and singular , that we owne it as such , and earnestly intreat your continuance of that inclination and disposition towards us. and that the rather , for that we are told , that those under banishment hence , of whom our former letters tooke so much notice , do dayly more and more heighten in ●…heir insolence among you , and that not onely in an instance of opprobrious language to our envoy , but an open declaration of some ill designe to be practised upon him . this therefore brings an earnest repetition of our recommendation of his safety , and due honour to your care. and the sooner you reprove those new , as well as old villains , and murtherers , the more acccptable shall we reckon the act●…on , and performe a deed very much consisting with your power and 〈◊〉 . dated at westminster mey . . to philip the iiii. king of spaine . wee are , to our great trouble , informed that am hony ascane lately deputed hence to your majesty as our embassadour , and as such , very civilly and publickly treated in his way thither , after haveing vanquished the hardships of a dangerous and tedious journey , was upon his first entry into your royall citty , stript of all protection , filthily sett upon , and , with his interpreter john baptista de ripa , most basily murthered at a certaine ●…nn where he tooke up his quartters , yet in as much as we apprehend that not onely we our selves , ●…ut your faith , and reputation also have been in this action stabb'd , ●…nd almost transfixt thro his fides , wee do with all imaginable earnestnesse pray your majesty , to see imme diat jus●…ice executed upon such of the murtherers , as are reported to have been already taken , and committed to prison , their punishments ●…roportioned to their guilt , and their abe●…s and confederates ( who ever they be ) exemplyed suitable to the quality of this crime , and as the 〈◊〉 calls for . albeit w●… doudt not but that a king naturally pious and just , woud unsollicited , persorme neverthelesse what we seeme here to desire . whereto what we have to add , is to pray that the body be deliver'd to the receipt of his friends and relations in order to its transportationin to its owne country , and our consulting a little , and provideing for the health of his survivers as we shall thinke fit ; till they , accompanid with an answer hereto give us , upon their returne if possible , an account of your piety and justice herein . westminster dat. . january , . to his excellency don antonio joanni ludovico , duke of corda , medina celi , praesident of andalitia . the councill of state constituted by the authority of the parliament of england , greeting . the person intrusted with the command in chiefe of that fleet sent hence to the coast of portugall to persecute , ●…d recover the damages sustein'd from our enemies in those parts , hath acquainted us with your highness friendship , upon the fleets touching upon the coast of galicia , a place belonging to your jurisdiction , where thy were , he saith , very curteously used , and furnished with all manner of necessary supplies incident to the want of seamen . which kindnes of yours , as it has always justly challenged our gratitude , so in a more particular manner now , at a time when experience acquaints us with the effects of some ill dispositions from abroad towards us un proveoked that we know of . we therefore pray you , most illustrious sir , to be pleased not to discontinue the same disposition , and affection towards us , and that as often as any of our ships may for the future happen to touch at any place in the said coasts , they faile not of the same favour and help ; resting in the mean time assured , that upon any opportunity occuring , and that may be improved to your advantage and service , our returnes shall be suitable . dated at westminster november . . the council-seale , affixed , and countersigned by john bradshaw , president . to the illustrious and magnificent senat of switserland &c. magnificent and most noble sirs , most dear friends , wee have , by letters from our merchants tradeing for prusia , received heavy complaints of an intolerable and inusual tax ; lately imposed upon them by a decree enacted by the great coudcil of poland , who seeme to have assessed them in the tenth part of their estates , with a designe of applying the same to t●…e support of our enemy the king of scots . which as it is an act standing indirect opposition to the laws of nations to treat merchants and sttangers after a method of this make , it is also as pregnant with injustice to force such to contribute to the maintenance of one abroad , from whose tiranny divine providence has so lately delivered them at home , and consequently do not doubt but that as we know you to be a free people , you will not abide , or give way to the laying of such impositions upon persons whose correspondence and traffique has for several yeares past been of no small advantage to your citty . if therefore you will protect them as merchants and strangers , it is no less then what we may undoubtedly expect , as being a thing becoming your justice , and prudence , and no less suitable to the dignity of your splendid corporation , and what our endeavours shall render you sensible of our acknowledgment of , as often as any of your people , or ships , which often happens , shall need the friendship of our ports . dated at westminster february . . to the portugal-envoy . yours of the . current were delivered us at hampton court signifying your being sent from the crowne of portugal , with a message to the representatives of the common-wealth of england , but take no notice under what character ; whether of an agent , embassadour , envoy , or what ; which pray resolve us in , by remitting us with as much speed as you can , coppys of such letters , and credentials as accompany you from your king ; together with an account whether you come with full power to repair such injuryes , and makeing amends for such damages as your king has been the occasion of involving this commonwealth in ; in protecting ( all the last sumer ) within your harbours our enemies , and rebels against the assault of our fleet while on the other hand , they were at liberty to invade us . if you say that you come with full power and directions to answer all these points , and that you send the aforesaid coppies , care shall be thereupon taken for your publick , and safe accesse unto us who , when we peruse the king's letters , shall direct liberty to be given you of expounding the errand you are sent upon . the representatives of the commonwealth of england , to the most serene prince , d. ferdinando the second , great duke of toskany . mr almerico salvetti , your resident here , hath delivered us your highnesse's letter , dated at florence the . of aprile , plainly shewing the value your highness retains for the english nation ; confirmed by the account we have not onely from such of our merchants as have for several years , lived as traders i●… your ports , but also young gentlemen of our best nobility , who have had the experience of your country either by travelling throw , or liveing there to gaine the education thereof . which as it is a thing that cannot misse of ouf gratefull approveall , so we earnestly pray , that you do not withdraw , or discontinue the like to such of our merchants or other our subjects , as may for the future have occasion of travelling thro your highness's dukedome : assureing you , that as far as it concerns the parliament , nothing shall be wanting that may conduce to the fortifying & establishing the commerce and mutuall affection with has ( time out of minde ) united both nations , which we truly desire and wish may be perpetually maintain'd with all true endeavours , and mutuall observance of both hands reciprocally . westminster . january . subscribed by william lenthale , speaker to the house of commons , whose seale he fixed hereto . the parliament of england , to the illustrious and magnificent senat of hamburgh . most magnificent , noble , & worthy gentlemen , dearest friends , the parliament of england , to evidence their great disposition to the inviolable observance of the mutual correspondence and commerce antiently held between england and your corporation hath lately deputed thither richard bradshaw esq to reside with you under the character of their resident , who among other t●…ings relating thereto , has it in expresse commands from them to demand justice upon certain of your people , who made an attempt upon the person of the minister belonging to the english company there , with a designe ( we understand ) of murthering him , as also their deputy , who had violent hands laid upon , as well as some of the chiefest of the merchants themselves , whom they dared to offer the like affront unto , by spiritting them on board a certain privateer &c. and albeit the said resident hath upon his first entrance , after he had audience given him , made particular pressure to you relateing thereto , pursuant to the parliaments said comands , in order to the obtaining of justice upon these villains , yet when we found our selves dis●…ppointed in our said expectation , and likewise considering the danger which our merchants , and estates should be alwayes exposed unto , ●…or want of a guard against the restlesse malice of their enemies , we have comanded him to represent a fresh our sense of that affair : and that he shou'd , in the name of this common-wealth sollicit your taking care of the preservation o●… the amity and alliance ratified between this republick and your citty , and the considerable comerce which intercedes between both , and with all to protect as well our marchants themselves , as their priviledges , without suffering them to be lyable to any violation what ever ; and that in a particular degree in referrence to one garmet whose deportment to this commonwealth has appear'd very insolent , and wh●… , to the great dislquiet o●… our merchants , and in contempt of this republick , has publickly cited certain merchants of the english company resi ●…eing in your citty , into the chamher of spire : wherein we depend upon such reparation , as may consist with equity and justice . all these particulars , and if there be any thing further , that may affect the ●…riendship novv on foot betvveen this repubblick and your citty , vve have directed the said resident to vvait upon you vvith : whom vve desire that you give ample credit unto in such things relating the reto as he shall propose . westwinster . march , . subscribed by the speaker of the house , whose 〈◊〉 be fixed thereto . to the most serene christiana , queen of sweedland &c. the parliament of england , greeting . this comes to your majesty with an account of our recept and peruseall of your letters , dated the . of september last from stokholme , directed to , and delivered the parliament of england by peter spiering silvercroon : and to intimate that we earnestly and cordially wish , that the alliance commerce , and great traffick anciently observed between england and sweedland be permanent , and dayly thrive , nor do we doubt but that an embassadour had come from your m●…jesty furnished with full power of makeing such proposalls , as principally tended to the mutuall intrest , and reputation of both governments , and such as we shoud very freely have received from him , and that should seem to imply more particularly the health and profit of both , and who shou'd have return'd upon the speedy accomplishment thereof : but it haveing pleased god ▪ the c●…iefe moderator of things , to remove that person out of this world ( whose losse we have as bitterly and sharply lamented , as consisted with our due deferrence to the will of god ▪ be●…ore he could have made knowne unto the parliament the message he came upon from your majesty , the same has kept them hitherto from the knowledge of your majesties mind , so that the further progresse thereof lies under present suspence ; wherefore we have thought fit to let you know by our envoy expresly dismissed herewith to that purpose ; what welcome your majesty letters and publick minister may depend upon from the parliament of england , and how ambitious we are of your majesties ●…riendshipp ; as also what weight we shall , as we ought , be found to lay upon the ●…avour of so great a prince : and our regard to the augmentation of that commerce now in bei●…g ●…etween this government and your majesties shall appear to be such , as we ought to retaine in re errence to a point in it sel●…e every way valuable : and which , for that very reason , shall be of ultimat acceptance to the parliament of england ; in whose name , and pursuant to whoseauthority , first recommending your majesty to the protection of god , their speaker has fixed their seale and counter signed this letters . dated at westminster march anno domini . the parliament of the comonwealth of england . to the most serene and potent prince , philip the iv. king of spaine greeting . great complaints have been made us from such of our people as exercise the faculty of merchandizeing within your majesties dominions , of great violence , and injurious practises , and of proportionably new customes imposed upon them by the magistrates and other officers of your respective ports and other places where the ▪ trade , and more particularly in the canaery islands ; and that contrary to the articles wherein both nations have engaged each ●…ther for the support of trade . the truth of whick complaints they have by oath made appear , and tell us , that if in case they are not justly treated , and their damages repaired , as also their persons and estates secured against such oppressions and affronts , they purpole to withdraw , and trade no longer into those places . which haveing seriously considering , and judgeing that the misbehaviours of your ministers , were not at all known , or represented to your maj. otherwise then as they really stood , they thought fit to transmit herewith their said complaints to your majesty , not questioning but that your majesty may , out of regard to justice , as the incentive consideration of trade , wherein your own people's , as well as the advantage of ours , is equally involved , be pleased to ●…ssue such directions to your officers , as may wean such vexatious practises , and that the english merchants have speedy justice done them in consideration of the damages sustain'd thro the meanes of mr peter de carillo de gusman and other persons , contrary to the said articles , and that your majesty may please to order that the said merchants receive the benefi●… of the said articles , and so to be retain'd in your majesty's ey , as that they in their persons and estates be lyableto no future oppression what ever . this they thinke they may , in a great measure attaine unto , if your majesty will grant them back again that charter which protected them in cases of this kind ; otherwise they may be , for want of a due refuge from injurys 〈◊〉 to the discontinuance of that comerce , which is of no small advantage to both thrô these kind of violations , and encroachments upon the articles of peace . to the most serene prince the duke of venice . the councell of state constituted by the authority of the common - wealth of england greeting . john dickons , and john throgmorton , with severall others of our merchants have complain'd that haveing , pursuant to the constitution & authority of our admirality court , about the . of november . seized upon a quantity of camphire of about one handred fatts on board a certain ship called the swallow , under the command of isaac tayler , then in the downes , but loaded thereon at a place in muscovy called the archangel , obtein'd , according to law , adecrre in that court ▪ , directing the delivery of the said goods to the receipt of the said petitioners , upon caution first enter'd into by them , of standing to the award of the court ; that the said court , by whom this matter was to be determin'd , writ , according to custome , to the magistrates and judges of venice , praying that john perat a venetian ; who pretended a propriety to the said good , would , by proxy appear in the admiralty court of england where that differrence depended , to prove the equity of his claime . yet the said piatt and one david butt●… a dutch man have , while this quarrell lay under the debate of our court ; exposed the said john dickons , and the other merchants to very much trouble touching the propriety of the said camphire , arresting their goods and effects at venice ▪ the particulars of all which , and the sum of all the proceedings hitherto acted in our court , are in these letters of request more succinctly and largely contain'd ; which , after they were inspected into and perused by us , we have thought fit to transmit to the most serene rebublick of venice , presumeing that they might help the merchants in this case , earnestly praying that the said letters carry not onely their owne force and weight , but that the merchants goods thus arrested by ●…he meanes of the said pat●…us and david rutts be discharged ; and the said controversys remitted to the determination of our court , who are ready to decide by law their right to this camphiré . in doing wh ch your highnesse , and the most serene republick will do an act that in it selfe is principally just ; worthy the untainted friendship of both republicks , and finally that shall be recompensed by this republick upon any occasion that may offer of expressing their affection or good offices . dated at whitehall febr. . sealed and sign'd by the president of the councell . to the spanish embassadour . most excellent sir , the councill of state haveing , in pursuance of a comand from the parliament dated the . of march , taken into their serious considederation your excellency's memoriall presented to a committee of this board the . of february , wherein your excellency has thought fit to propose a demand of an answer , to be before hand given to the two heads therein expressed : orderd your excellency the following reply . that the parliament , when they gave answer to such proposalls , as were made by your excellency upon your first audience , as also in the contents of the letters sent the most serene king of spaine , declared at large how gratefull & acceptable that friendships , and mutuall comerce offerd as well by the king himselfe , as you in his name was , and finally how much he stood disposed on his part towards the returning the like friendship and offices , that your excellency , being afterwards heard in councill , thought fit to propose thereto on the . of december old stile , a kind of a project tending to the fortifying of this alliance , whereof you haveing then made an offer ; as if certain of their board were appointed to receive , and debate such things as your excellency had to propose , and after deliberation had thereon , to report their opinion of the advantage thereof forthwith to the councill , the matter might receive no damage by it : they , did to gratify your said proposalls , nominate certain of their number , to give your excellency a meeting ▪ who haveing conv●…n'd pursuant thereto , their said meeting , instead of what were expected to be proposed , amounted to noe more then the purport of the aforsai'd memoriall , to which the councill directed the subsequent answer . that , considering the parliaments declaration , when your excellency is gott over the fere going progresse , we are ready to give your excellency a meeting touching such overtures as you shall have to make on behalfe of the king your master , in referrence as well to the alliance already made , as a stricter to be enter d into , or if there be any thing that may occur , or we judge to move on behalfe of this republic . and when we come to particulars , our reply shall be meet , and consistent . whitehall march . . the representatives of the comonwealth of england , to the most serene prince frederick the . king of denmarke greeting most serene and potent king , we have by the conveyance of henry williamson rosenwing of lysaker a worthy person received , and , suitable to the merit of their proposalls , freely perused your majesty's letters dated the . of december last from your court at hasnia , and desire that your majesty woud rest assured , that we retaine the same disposition of mind , and the same affection to the continuance and preservation of the ancient correspondence , comerce , and friendship for so many yeares supported between england and denmarke , which we apprehend your majesty to do ; knowing that albeit it has pleased god , in favour of the peace , and tranquillity of this nation , to alter ( we hope to abetter ( the formerly establisht form of this government , yet to continue imoveable the same correspondence , maintain the same intrest , and recover its former vigour , to the mutuall trade and comerce , which have been the results of former contracts and alliances between both nations , and by improveing those alliances all that may be to engage each other in an united and joint endeavour o●… perfecting and strengthering dayly more and more , that friendshipp , is what we understand to be our advantage . and when it shall please your majesty to pursue those councells mention'd in your royall letters , the parliament will , with all alacrity , and sincerity , be ready to embrace them , and joyne all they can in any other contribution that may conduce to the promotion of such a designe , and are therefore inclinable to believe your majesty's resolutions in referrence to this common-wealth to be such ( it being also provided for in former contracts ) as may consistwi●…h that willingnesse mett with by your majesty in us upon your 〈◊〉 proposall thereof . the parliament in the mean time wish your majesty and subjects health and happinesse ▪ dated at westminster april anno domini . signed and sealed by the speaker , directed there to by authority of parliament . the rèpresentatives of the comon-wealth of england , to the ●…llustrious and noble magistrates and senators of the hanseatick cittys greeting . the representatives of the republick of england have received , and perused your letters of the ▪ of january last , and conform●…ble to their demands admitted into audience leo ab aisem your publick minister who brought'em , and withall represented the ●…nclination and affection your people bear this republick , praying withall and solliciting the future inviolable continuance of the ancient alliance now in being between us . the parliament therefore do , for themselves , 〈◊〉 and assert it to be amost gratefull thing to them to renew and ratify that friendship and correspondence which have formerly interceded between this nation and those co●…porations , and their readynesse upon all fit occasions to evidence their promises in their performances , expecting to be treated with suitable faithfulness and integrity by those their antient friends and confederates . as to the other branches more particularly comitted to , and urged by your resident , no sooner were the same transmitted unto , proposed , and debated before the councill of state , but such an answer was resolved upon as seem'd to consist with equity and reason , and which your resident himselfe may remit to you , whose prudence and known integrity shew how much he deserves the honour of your present favour to him . dated at westminster aprill anno domini . sign'd and sealed , pursuant to the authority of parliament , by the speaker . the representatives of the comon-wealth of england , to the illustrious and noble corporation of hambroug greeting . most noble , renowned , and worthy gentlemen . dearest friends the representatives of the comonwealth of england have received and perused your letters dated at hambrough the ●… . of january last , brought them by a noble gentleman mr leo ab aisem , who stiles himselfe under the character of yours , and the rest of the hanseatique cittys resident , who has had audience allowed him pursuant to the import of the said letteas ; and what he had further in comand on the particular behalfe of your citty , transmitted to ●…he councill of state , whom having directed to receive such proposalls as he had to offer , and transact with him forthwithabout such thing as shoud consist with equity & justice treated with him since accordingly . and as the parliament has demonstrated the just regard that shoud be always had to such things as came from you , and testified it's singular affection to your city in the appointment of a resident sent to reside there , so it canot but depend upon , and justly challenge a suitable returne to such practicable proposalls as their said resident either already hath , or which he may for the future make in their name , to your citty so long in amity and confederacy with us . westminster april . subscribed ut supra . the council of state , &c. to the most serene prince ferdinando the ii. great duke of toskany greeting . whereas charles longland , sollicitour for the english merchants at livorne , having advised thence , that upon the arrival there of a fleet consisting of about fourteen sailes of dutch men of warr , publickly declareing that the errand they came upon was to burne within your port , or otherwise destroy such english ships as they found there , your highness was , upon application made on behalfe of the english , pleased to disappont the said designe , by recommending them to the protection of your governour there : the council of state has judgedit becoming her duty and office to observe unto your highnesse how gratefully that kindnesse and protection so seasonably and curteously done the english merchants , is accepted of by the republick of england ; promising and engageing unto your highnesse that the memory of this good turne has made such an impression , as is never to be forgot , and their readinesse to improve all opportunities that may offer of effectually returning your people the like frindship and office and performing all other things that may conduce to the support of the usual benevolence and commerce of this , and your nation . and whereas the dutch fleet have , even while conferences of their owne dictation concerning an alliance were under debate ; made perfidious attempts upon ours , and that not onely in our owne harbours even ( in which wicked attempt god , as a most just arbitrator , prevented their wickedness ) but in forreign ones also , where they would take , or sinke our merchant men ▪ we have thought it necessary to transmit unto your highnesse this paper on behalfe of the parliament of england ; which some controversies lately arisen between this government and holland ; have occasioned the sending of . whereby , how much the iniquity of that people in their behaviour to this republick has been , and how void of regard to all justice , and the law of lands themselves , is what may be very obvious to your highnesse , and how studious the parliament's endeavours have been to shew their tenderness to the publick peace ; coud the former friendship , and society of that people be any way continued . dated at whitehall july . . signed and sealed by the president of the councill to the spanish embassadonr . the council of state having considered the two memorials exhibited thereto by your excellency ; the one dated the . of june , or . may , and the other the ▪ or . current , return the following answer to both ; that the parliament of the commonwealth of england is very w●…ll ▪ disposed towards the continuance of that amity , and well constituted peace now in existency between this republick and the king of spaine's royal majesty , since your excellency has intimated that to be the bent of his said majesti●… too , and that all imaginable readiness should be met with of improving the same to the common good of both nations . the which , the council of state has in the name , and by the direction of the parliament so often demonstrated in their written replys to your excellency ; and particularly , in conformity to your excellencies desire , has appointed a comittee to give your excellency a meeting and receive such proposals as you had to offer conduceing to the aforesaid end. which meeting afterwards has , in liew of other expectations , produced some things consisting in general tearmes , and as it were , previous to a future conference , which the council believed the parliament had in former replies made plaine its opinion concerning : yet to give further satisfaction , and to remove any doubt which your excellency may pretend to remaine under , concerning the particular instances of the overtures you then made , the councils reply of the . march or . april , shewes that when all steps necessarily previous thereto , such as what your excellency had to offer on behalfe of his said royal majesty , in reference to the sormer , as any other stricter alliance to be entered into on the one hand , as what we should exhibit on behalfe of this republicke , were discoursed about & determined , on the other hand , yea when all things were truely debated as they ought to be , and that your excellency came to confer accordingly , they were ready : to which your excellency made no reply , nor proceeded further in the matter these almost two months past . and your excellencie's of the . may or . june . is the first that the council heard of since that time , which seemes to signify no more then to desire that the articles of peace and alliance entered into by charles the late king , and your master , dated the . or . of november . might be reviewed , and such alterations made in the heads thereof in reference to an addition to , or diminution therefrom , as the frame of the government and time now alter'd should call for ; which as it amounted to no more , then what we , in our aforesaid reply of the . aprile or . march , fully and plainly signified : the council did ere this expect some application from your exc●…llecy , with an account of those particular articles and alterations which you mention you would have made in the league , considering that it is otherwise impossible for us to give any other reply different from what we have already done . but whereas your excellency seemes , by your late memorial to lay the fault at our doore , the conncil therefore resolved , & made a fresh inspection into your said memorial of the . of may or . of june and its contents , and thinkes it has , in that former paper , fully satisfied your excellency . in addition whereto , can say no more then that when your excellency is at leisure to make known your desires of altering the alliances now establisht , or proposeing such other tearmes conduceing to the accomodation of times , and affaires , as they now stand , and which you woud , on your part lay the foundation of an alliance upon ; their answer thereupon shall be such as they judge may consist with equity , and testify the parliaments inclination of persevering in the same sincerity of maintaining unstain'd , and ●…irme , it 's friendship wi●…h the king your master ; and contributeing to any other expedient , which becoming it , may tend to the prosperity of such an alliance . the councill doth moreover judge it abranch of her duty to remind your excellency of our memoriall transmitted unto you under the . of january which being yet unanswerd , we continue still under instant expectations of the parliaments being satisfied in the contents of . the councill of state 's answer to a reply of the most serene king of denmarke's embassadours extraordinary delivered to the committee of councill , in answer to a former one of the councills concerning their fourteen demands . the council , previous to the satisfaction of the a foresaid embassadours , in her answer to the fifth , sixth , seaventh , eight and ninth articles doth assent to the following paragraph's being added to the foot of their former answer : that is to say ; besides those colonys , islands , ports and places under the government of either , whether it is by law forbidd to resort upon the account of trade , or traffique , without his speciall licence first obtein'd , to whose jurisdiction the said colony , island ports , or places shall appertaine . the takeing of any thing on board of a ship driven into the rivers , ports , or havens of either party , shall not render such a ship &c. liable to any molestation or search , as the said embassadours woud , in their said reply , seeme to have interpreted that of the councill to the eleaventh article , saveing in places where such a reception happens to fall contrary to the laws , statutes , and custome of the place wherein such a ship tooke port. in which case the councill doth , thinke to have imposed nothing of hardship , but that is equally conduceing to the welfare of both republicks . as to the proofe of the propriety of such shipps , or goods , as shall , by shipwrack , happen to be driven on shore : it is the opinion of the councill that , in such cases , oath be taken in such courts as either already are , or hereafter may be erected for the hearing and determining such cases , where , such as may at any time lay claime to such goods , may be distinctly heared , and every one's right knowne and determin'd ; which by paper ( comonly called certificates ) cannot ●…e so clearly and infallibly attain'd unto , whence a cloud of scruples and doubts may of times arise , as also cover a deal of fraud , a●…d deceipt often creeping under such a kind of proofe which concerne both partys equally to prevent . the councill is also of judgment that a certain time be limitted not to be exceeded without the forfeiture of such a claime , by persons to bring their proofe with in the extent of , of their propriety , and to be excluded the benefit of the court upon failing to make clear their right within the space of ) to avoid endles suites of law. as to a method of vending such goods found in the wrack , as are perishable , the councill has also thought fit to propose that of ( the inch of ca●…dle ) which as it is a meanes very probable , so it is equally as expedient to secure th●… o●…ner a good price for his goods ; but if the aforesaid embassadours shall come furnished with any other detected expedient , that may be found more conduceing to this end , the councill shall not withstand the promotion of what is equitable , nor can it see how it may occasion any demurr to the dispatch of this treaty . as to the forfeiture they are to be liable unto , that shall be found to incroach upon the proposalls herein contein'd , the councill inserted the same in their reply to the fourteenth article , to the rendering the said article of more efficacy , and the treaty it sel●…e more durable and firme . as for an answer to the last clause of the . article , it is inconsistent with our judgment to give our assen to those alliances , and fraternity mentioned in the said replys and which are proposed in generall tearmes onely , till , by a further explanation , we see what they may meane . which when your ●…xcellency is pleased to be plaine with the councill in , we shall be able then to be more particular on our part . the councill of states reply to the said embassadours answer , given in reply to theirs to the . articles exhibited by the council in the name of the republick of england . the council haveing perused the letters parents impowering the saids lords embassadours to treat with the parliament it selfe , or it's deputies in referrence to such matters as were expedient to be transacted towards the renewing the ancient alliances , and adding new ones , did truly thinke , that the said lords embassadours came with such authority , as to have been able to answer , and transact all such things as should be proposed on behalfe as well of this republick , as of the king of denmark and norway , and therefore did not expect those replies which the said lords embassadours were pleased to give to the council's first , second , third and fifth demand , which renders it necessarily obvious to be prest to the consideration of the present treaty ; as a thing in it selfe most just , & accordingly determined in council to comprimise , & take in the whole , as well vvhat concernes this republick , as the kingdomes o●… denmark and norway . it is therefore the earnest request of the council , that your excellencie's answer to our said first , second , third , and fifth demand be made known . as to the . article concerning the customes at gl●…kstadt , as your excellencie's answer intimated their being antiquated , the council seemes to presse that the same be expresly ratified in the treaty , least they should be hereafter revoaked . as to the . article about pirats , the mutual advantage of both parties has been the end of that article , and to establish the repose of trade in common against the disquiet and interruption of rogues & theeves , and as the lords embassadors reply to this article was peculiarly applicable to the enemy , and therefore tooke no special notice of pirats : the council therefore desires to be expressely dealt which in that point . and whereas the aforesaid lords embassadours , in their reply to the council's answer , in reference more especially to their . article tooke no notice of the council's answer , the council thought fit to add the following article to their former demands ; that the people , and inhabitants of the commonwealth of england , who held or exercised any trade or comerce with any of the kingdomes , dominions , or jurisdictions belonging in the crown of denmarke and norway ; should be liable to the payment of no excess of castome taxe , toll , tribute , or any other imposition what ever for the future , beyond what the dutch , and all other forreign nations , exerciseing trade , shall , or ought to pay , and to enjoy with freedome , the same full liberty , priviledges , and imunities in their comeing in , stay , as well as departure ; as also their fishing-trade , and all other circumstances what ever , equall , and in proportion with any other strangers inhabiting the aforesaid kingdomes or empire of the said king of denmark and norway ; which priviledges the said king of denmark's and norway's subjects shall likewise enjoy throughout all the provinces , and jurisdictions belonging to the republick of england . the council of state , to the most illustrious prince , ferdinando the ii great duke of toskany , greeting . most illustrious prince , and dearest friend , charles longland , atturney for the english factory at livorne , as also your high : resident here haveing comunicated unto us with what affection and sincerity our merchant-men were protected by your highnesse upon their repair to livorne , to escape the designe of dutch rovers , who breathed nothing but ruine and destruction against them , the council of state 's letters dated the . of july last , and come to hand ere this we hope , have signified unto your highness how grateful so seasonable a piece of kindness as that happened to be , was to them , where by the same conveyance , they transmitted unto your highnesse other papers containing an account of the ground of the controversy now depending between the parliament of england & the states of holland ; and upon such advise transmitted from the said charles longland , of your highness's further care bestow'd upon the english , by warning the dutch to supersede , notwithstanding their industrious sollicitation to the countrey , the said council has taken the liberty of signifying unto your highness by this conveyance , that as your justice and singular constancy in defending their ships calls for the height of their esteeme , so it likewise doth their g●…atitude . which as it is no slight indication of your sound friendship , and affection to this republick , so your highness may rest confident that upon any occasion opportunely represented , our returns shall lead your desires , & that in a method becoming the respect and affection we ow you and yours , and that in such a degree as may declare how much we make it our endeavour to render the alliance between this government and your highnesses both constant and permanent . we have in the mean time issued our strict command to such of our ships , as may happen to call at your ports , that they faile not saluteing you with a just number of canons , and paying you all other imaginable due respect . dated at whitehal , september . subscribed by the praesident of the council , whoseseale he fixed thereto . to alphonso de cardenas , the spanish embassador . most excellent sir , your excellencies letter , dated the . or . november , together with two petitions inclosed concerning the ship comonly knowne by the name of the samson and salvador , were by your secretary upon the . ditto , delivered unto , and read in council , who appointed the following answer to both . that the said shipp fell in the english-man's ways super altum mare not in the downes , as your excellency seems to have understood it , where having sett upon & seized her as a vessell belonging to the enemy , brought her home , & proceeded against her as a lawful prize in the admiralty court , to which alone the cognisance of such cases is solely belonging , and where the pretences of all parties are audibly and freely debated , and lawfully determined . we have moreover transmitted your excellencies demand to the ●…udges of the laid court , with directions requireing our being informed concerning what proceedings were made towards the condemnation of th●… said shipp . which when we have satisfaction given us in , such further care shall be taken therein , as is consistent with iustice , and becomeing the friendship subsisting between this republick and your king , relying upon a suitable confidence that his royal majesty will not suffer himselfe to be made a cloack of , to protect the goods of our enemies , or see us otherwise ba●…led under the pretence of their owning themselves his subjects . subscribed by william lenthal , president of the council ▪ whose seale he caused to be affixed thereto . dated at whitehal , november , . to the spanish embassadour . most noble sir , baldid , a comander of one of the men of war belonging to this commonwealth , having lately advised the council that being necessitated to put in at a place comonly called by the name of longone , to repair some damages susteind in a battle of two dayes constant continuance fought in the streights of gibralter against eleaven dutch men of war , haveing but three besides himselfe , and furnish himselfe and company with such further supplyes as he wanted for fight , the gouernour of that place acquitted himselfe like a very just , and civil person towards both him and the rest of his ships . and whereas the said place lies within the king of spain's dominions , the councill reckons the singular humanity of that civility effectually demonstrated , to be the true & plenti●…ul result of the strict alliance so fortunately establish't , and so judge it an act becoming them to thanke his majesty for so seasonable a piece of service , and desire your excellency to be pleased to signify the same without losse of time to his most serene majesty , and to assure him of a suitable returne of friendship and kindnesse upon any occasion that may offer . dated at westminster , november the . anno domini . signed and sealed by william masham , praesident of the council . to the most serene prince ferdinand the ii. duke of great toscany , the representa●…ives of the commonwealth of england greeting . most serene prince , and dearest friend , the representatives of the commonwealth of england , have received your highnesse's letter , dated the . of august , from florence , touching the restitution of a vessell loaded with rice , challeng'd by a master belonging to livorns called cardio , and albeit sentence is already awarded in our cour of admiralty against the said cardio concerning that affair , and that the appeal then hung before the delegate , yet upon your highnesses interposition , the parliament , to shew their opinion of the amity and friendship of so great a prince , comanded those that were intrusted with the management of that affair , that that vessel wit●… her loadeing of rice , or an equivalent value ( at least ) should be restored to the said captain cardeo , whose correspondent has since received the effect of the said comand accordingly : and as your highnesses protection to the english merchants , and principally in the port of livorne , has very much obliged the parliament ( of which your resident as well as charles longland , sollicitor for the english factor●… at livorne , have given us an account ) so the parliament is , on it's part , well disposed to the takeing care , that as often as there is occasion for it , no offices of sincere friendship or love towards your excellency shall need to be complain'd of . comendig you in the mean time fervently to the tuition of divine providence . dated at westminster november . subscribed b●… the speaker of the house of comons , whose seale he caused to be affixed thereto . the representatives of the republick of england . to the most serene and porent prince the king of denmarke . most serene and po●…ent king. the comander in chiefe of the fleet , la●…ely ●…ent hence to give convoy homewards to such of our merchant-men as attended , to that purpose , , at the port of hasnia haveing advised our parliament , that upon his arrivall thore , he found an embergo laid upon the departure of the said mer●…hant men , pursuant to an order of your majesties , comanding that none of them shoud be suffered to budge , notwithstanding his haveing produced your majesties letters signifiing your pleasure to the contrary , and demanding the reason of such detention . to prevent therefore any ill consequences that may arise therefrom to either of the nations so palpably concerned , and which may be pursued by a worse , the parliament has directed richard bradshaw esq. a worthy gentleman , of knowne fidelity , and their orator now at hamburgh , to wait upon your majesty under the same character , with expresse commands directing him to discourse and treat concerning that affair ; praying that your majesty would therefore please curteously to listen unto , & allow him full credit in what ever he shall propose unto your majesty in our name r●…lating to this affair ; whom we , in the mean time , heartily recomend to the care and protection of god. dated at westminster , november , . signed and sealed by the speaker , in pursuance of the parliaments direction . the representatives of the commonwealth of england , to the most serene duke of venice , greeting . laurence paulet has delivered the parliament your highness letter , dated the first of june . which as it testifys the good disposition of your senat , as well as your highnesses towards this republick , so they on their parts , have thought fit to make known by this occasion the respect & affection they bearto the most serene commonwealth of venice , and shall not grudge their continueing so to do , and makeing no difference between their performances and promises , as often as they are furnished with occasions that may enable them to act suitably , and also cheerfully pursue such meanes , as may be employed towards the support and improvement of the amity and mutual comerce now existent . wishing and praying , in the meane time , that all happiness and prosperity may attend your highness and most s●…rene republick . dated at westminster , december anno domini . signed and sealed by the speaker purs●…ant to the comand and authority of the parliament . the representatives of the commonwealth of england , to the most serene prince ferdinando the ii. great duke of toscany . whereas the representatives of the commonwealth of englaud have , in former ●…nstructions to their sea comanders , strictly charged them , upon their touching at any port within your highnesses empire , to behave themselves peaceably , modestly and suitable to that observance which your civilityes to this government justly call for from us , & to whose kindnesses they cannot but owne themselves much obliged . yet it proved matter of great surprize to them to find all forgot , in the comportment of one of their said officers , named appleton , whose demeanour to the watch at livorne is said to have been very insolent , and that contrary as well to the allegiance wherin be is indebted to this republick , as well as the regard every prince ought to have shewn him within his owne territories . which the parliament had an account of as it happend , not onel from your owne letters under the . and . of december last from florence , but more particularly from master almericus salvetus your resident ●…ere , who is a very worthy gentleman . your highnesses honour , which seemes to be involved in this matter , lies under that veneration with the state , as that this matter is wholly and particularly recommended to t●…e care of the council , with direction to write fortwith to captain appleton , for his repaiting home by land , to answer the insolency of this unpresidented misbehaviour of his ( of which the inclosed is a coppy ) who upon hi●… arrival , shall be examined , and such punishment awarded him , as shall testify that we are no lesse concerned , than if it were done in contempt of our owne government . as concerning the phenix taken at ●…vorne , your excellency and resident seem to say and urge , that the same was committed contrary to appletons promise , who was obliged to make no attempt upon the dutch vvithin sight of the port or its lantborne : that your e●…cellency relying thereon , entred into the like engagement to the d●…ch , and that therefore they ought to depend upon satisfaction for the damage susteind from their depending upon your protection and promise . the parliament assure you , that as the same vvas comitted vvithout their council or aduice , so it is a thing very distant from their inclination and mind to expose your excellency to any manner of inconveniency , or diminution of honour , upon the score of that deed ; nay shall endeavour that away be found out of makeing you such satis●…ction . as shall seem suitable to the demerit of the cause , after inquiry first made . to be more fully informed wherein , they thinke it a very necessary point to have appleton himselfe examined before them , who was obliged by his promise , and consequently believed by your excellency to have a betted ( at least ) in that violation ; especially considering that he is to returne in so short a time , who , when ever he is heard by the parliament , and further debate had thereon with your oratour , shall have such sentence awarded him upon this so considerable a crime , as shall consist with equity and the extraordinary affection which they bear your excellency , and finally not unworthy your kindnesses . to confirme your excellencies beliefe of which , they have directed this present messenger to be forthwith dispatched away with these letters , least they shoud be said to s●…ip any opportunity that may be improved into a real testimony of their sincerety towards you. dated at westminster , . december anno domini . by authority and command of parliament signed , and sealed by the speaker . the councill of state , to the most serene prince frederick heir of norway , duke of slesvice , alsace , ha●…mar , ditmarse , earle in oldenburgh and delmhorst greeting . altho it has been the decree of the all knowing god , and most mercifull ruler of the universe , to engage us , ( beyond that duty susteined by , and transmitted unto us from our ancestors ) in a most just quarrell , for the resuceing our liberty's from the oppression of tyrany , and lend us such singnall marks of his divine help , and assistance , in preferrence to them , as to have enabled us not onely to lay the fury of a civill warr , but destroy the future growth thereof , as also withstand and repell the unexpected assaults of forreign enemys . yetunder as sincere acknowledgments as we can be , of the favour and loue of the most high diety towards us , we are not neverthelesse so far transported with the consideration of our prosperity , as , pursuant to the singular providence and justice of god , ( which we have had a plentifull experience of ) not rather to declare all we can our aversnesse to warr , and readinesse to embrace a willing peace with all people , then otherwise . therefore as we our selves have not hitherto nor leaded , nor promoted in others , the violation of such friendship and tearmes of alliances , as have formerly interceded between us , and all forreign people and princes whatever , so your excellency may rest assured , on behalfe of your people , as well as your owne , of all fair dealings from us , pursuant to the antient correspondence settled by your ancestors with the english. and as we are ready to returne all due acknowledgments , for those affectionate offices already bestowed by your highnesse upon us , soe our worke shall be to render you , and yours sensible of the want of none on our part : recomending the while , as much as may be , your excellency to the omnipotenty , and diety of almighty god. dated at whitehall july anno domini . sign'd and sealed ( ut supra ) by the president . to the earle of oldenburgh . most illustrious sir. the representatives of the comonwealth of england have received your many salutes , very carefully and curteously comunicated by harmanus miles your councellour , deputy ; and sollicitor , who in your name wished that all happinesse might attend england and it's parliament , and sollicited the continuance of the friendship now in being between this republick and you ; as also the grant of our letters of safe conduct , to the end your people might trade the securer and navigate and exercise comerce ; together with our comands , to be transmitted to our publick ministers abroad , in order to their being aiding with their councills and offices to you and yours . which we have freely assented unto , and granted as well what his demand was in referrece to an alliance , as the other two , under the parliaments seale : albeit some monthes are slipt , since our sirst receipt of your ministers address unto us . yet that delay canot be properly imputed to any difficulty of ours to assent to your petition , nor neglect in your servant of pressing it ( who to ●…ave his sollicitations answered , and he dismissed master of his errand , behaved himselfe dilligently , and with all pressure imaginable ) it springing wholly from the great & weighty concernes of the republick , whose transactions have taken up most of this win●…er . which we thought fit to acquaint your most serene honour with , that none , by inter preting this demurr otherwise then as it is occasioned , may take the liberty of saying that what the parliament of england has freely granted , might be said to have been extorted therefrom , in whose name this was directed to be signed by . henry seobele , cl. of the parliament . the parliament of the comonwealth of england to the illustrious , and most noble counsellours and states of the cantons of switzerland &c. greeting , wee have , ( illustrious , and dearest friends ) received yours letter dated the decemb. pregnant with all humanity , kindness and great assection towards us and our government ; and which ought to sway more with us , breathing brotherly and truly christian charity : and must be more particular in our acknowledgments to the most good and great god , for that he has been pleased to raise and secure , ( as a most firme bulwarke to the safety of the protestant intrest there ) you , and your so many most noble corporations , surrounded and munified not so much by those muontains , with which you are impaled , as your naturable courage , piety , prudence , and most just administration of publick affaires ; together with the mutuall reputation of alliances : you afterwards , ( who after the removeall of the tirany of barbarous kings from the north , have been almost the sirst of all europe , who , god favouring your enterprise , purchased your libertys , and mainteind it so purchased untainted , with no lesse prudence and moderation , thro the difficulty of so many yeares ) to judge so charitably of us , and our lately purchased liberty , & being such sencere admirers of the gospell ; to be so constant in your opinion of the love and affection we bear to the orthodox faith , is a thing which we canot but value at a●… extraordinar rate . and as to the affection with vv●…ich you sollicit us to a peace , vve novvay question the sincerity thereof , but that it proceeds from pi●…ty and true affection ; that intepposition ought to influence us very much , as vvell for vvhat it leades unto . ( vvhich is in it selfe ver●… desireable ) as the authority , vvhich in pref●…ence to all others , is justly applicable to you , vvho among all the stormes of warr , blovving from every corner , have main●…aind so long your peace abroad and at home , and vvere examples vvithout exception , and persvvaders of peace to all other people ; and because you persvvade that vvhich vve endeavoured more then once ( not so much o●…t of regard to our ovvne , as the intrest of the protestants universally ) and sollicitted by embassys and other publick ministers to effect , that is ; to contract astrict alliance and friendship vvith the states generall of the vnited provinces . but they ( or as vve ought to stile them ) that orange faction our perpetuall enemys , addict●…d to the royall party , and among their owne club , of knowne affection to tyranny , how have they entertained our embassadours ? not as people that came to discourse of peace , but brotherly kindnesse and most strict alliance , what provocations have they given to a war afterwards may plentifully appear from what we publickly writ concerning it , and herewit●… transmit nnto you , of their haveing , while their owne embass●…dours were treating , surprised and saulted our ships with a fleet of theirs and that at a time , when ours lay in their stations , without as much as imagining such a thing . but thro gods help such has been our care hitherto , as that altho matters happened to fall out so well , yet we do not take the glory to our selves , our strength , or number of hands , but give all to god alone . nor are wee troubled with the least extraordinary fit of transportation upon the score of our prosperity ; wee are still the same people & very ready to embrace all occasions of makeing a just & honourable peace . in the mean time illustrious and most noble sirs , you who , under the impulse of evangelicall love , make it your pious and sincere endeavour to reconcile , and compose brotherly misunderstandings , and who , wor●…hy the esteeme of all mankind ; entitle your selves doubtless to that blessing awarded by the divine sentence of gods decree to the peace makers , and to whose most lofty affection and grace , we do most sincerely and heartily recommend you , if in any thing our service can be of service to you , we are ready to shew our selves not as friends but brethren . dated at westminster october anno . signed and sealed by the speaker to the house of commons . to the spanish embassador . most illustrious sir , upon the receipt of a petition in the names of philip noel , john goddall and other merchants belonging to foy in england , heavily bemoaning that a ship of theirs called the ann of foy of their own buildding in england , was about michaelmas last most injustly sett upon , and seised by a certain privateer belonging to ostend comanded by erasmus bruerus , who in his way homewards seised her loading , wholly belonging to the petitioners , and treated the marriners unworthily and barbarously : the councill of state thereupon writ to the duke of leda ( a copy whereof comes herewith to your excellency ) and expected that he woud , according to justice and equity , make speedy inquiry into that affair . but the said noel , and the rest of the petitioners renewing their said heavy complaint , and urgeing , that although the said duke had our said letters delivered him , and that the said merchants repaired since to bruges , where at the admiralty court they made proofe of their cause and the integrity of their claime , but that justice is neverthelesse denyed 'em , and they exposed to so unjust use●…ge ; that albeit the case has stood ready for determination any time these three monthes and more , yet coud not obteine the sentence of that court ; but that their said shipp and goods are still nevertheless under the same restraint , and they themselves , from this delay of justice , exposed to considerable expences in the prosecution of their right . your excellency is not ignorant of its being contrary to the laws of nations , as well as the tearmes of trade and correspondence ●…ow existent between the english and flanders , that any osteender shoud offer to touch any english ship , provided shee be loaded with euglish goods , and bound for england , and that the said captain 's in●…umane and barbarous useage of the marriners ought to be severly punished . the councill therefore recommends the case to your consideration , and prays that you woud write to flanders about it , and endeavour that speedy care be taken , that this busynesse be no longer prolonged , but that justice be done : as that the said shipp and goods , together with the damages , expences , and loss which the said english have susteind upon the score of that injust interception , be by the authority of the said maritime court of brussels , or some other good manner , restored them , and provision made against any such future interception , but that the correspondence now in being betvveen england and france be supported vvithout any interruption . signed and sealed by the direction of the councill of state appointed by the parliament . to the duke of lisle . phillip noel , john gad●…ll , with severall other merchants belonging to the towne of foy haveing made large complaints unto us concerning a ship of theirs called the ann of foy , representing that the said ship anne built , and loaded at their sole and peculiar cost and charges , was about michaelmas last in her way homewards , unawares sett upon , & seised by one erasmus bruerus a master of a shipp belonging to ostend . they moreover say , that the osteenders , when they gott the vessell into their possession misused the marriners very inhumanely by dipping and almost stiffleing'em , to prevent their telling of tales , and disposed of the goods , as if they were french propriety . which albe it the master as well as the mariners positively denyed to be , yet the ostenders carried both ship and goods to their owne homes . the truth of these things has , upon inquiry made , and the testimony of sworne witnesses been proved , as is evident by the certificate herewith sent . in as much therefore as the said ship , called the anne of foy , witth all the goods truly , properly , and bonafide b●…longed to the english , so as that there appears no cause why they of ostend shoud lay violent hands on her or them , much lesse touch the master or expose the seamen to so much hardship ; and whereas the constitution of the laws of nations , and the alliance now existent between england , and flanders call for the restitution of the said shipp and goods , wee earnestly desire your excellency , that timely right be done the english in haveing their owne forthvvith returned 'em , and satisfaction made for the dammages they suftein'd , and that the trade and commerce vvhich novv interceede betvveen england and flanders may be supported firme a●…d permanent . to the spanish embassador . whereas the representatives of the commonwealth of england , being informed , that great many people about towne relating as well to your excellency , as other embassadours and for●…eign publick ministers attending here , resort to your , as well as other hou●…es under the pretence of hearing masse , gave it in strict charge to the coun●…il to observe to your excellency , that as the ●…aid practice tends to the expresse prejudice of the laws of this nation , and of proportionable ●…ll example and offence to the government : they judged it abranch of their ossice to prohibit such a practice for the future , and declare their dislike of such assemblies for the ensuing time . whereof we desire your excellency to take notice , and suffer none of the subjects of this republick to frequent your house for the time to come to hear masse . and as the parliament shall take due care to have the right of embassadors as well as their priviledges secured inviolable to your excellency , so they depend upon no encroachments to be made by you or yours upon the lawes of the land dureing your abode therein . an abstract of the particular damages susteind by the english east india company thrò the meanes of the dutch , in severall places of the east indies . imprimis , the damages conteind in the . articles lately exhibitted , amounting in pieces 〈◊〉 . in sterling make- : lb . , ss . . satisfaction is expected for the croppariseing from the ●…sland of pularon from between the year . to this time , amounting in value to two handred thousane preces / besides future expence , till the same be restored , as it was when it was taken from us ; and that according to articles of agreement . which in sterling is . — . lb . : . . wee expect satisfaction for all those sea pr●…visions and apparell aken from the english in the indies , by the dutch factory , delivered to , or forc'd from their ships in their going to , or returning thence . amounting to . royalls , and in sterling . — : lb . . . wee expect satisfaction for the custom of all dutch comoditys imported into , & exported out of persia from the year . according to the king of that countryes grant unto us , which we canot calculat at less●…n value then eighty thousand royalls . — — . lb . . . . wee expect satisfaction for the reparation of four houses most malitiously and unjustly destroyed at jocatra , together with warehouses and other necessarys , occasioned by the meanes of the dutch governour there . of all which we have had an account send us thence before our former complaint was exhibitted , which damage amounts unto two hundred thousand pieces 〈◊〉 . — — . lb . . . wee expect satisfaction for pounds of pepper taken by force out of the shipp endimion , in the year . whose damage amounts unto — — — . lb . . . lb . . ss . an abstract of some particular losses sustein'd by the english east india company from that of the dutch , . for the dama●…es sustaind from the siege of bantham , which hindred our trade with that place for the continued space of six years , and prevented our laying in a stok of . pieces 〈◊〉 for the buying of pepper according to our proportion . which might serve to loade such of our shipps , as wandered up and downe the indian coast in their ballast , for want of freight : our adventure haveing been , in the mean space , in sea-mens wages , victualls , and apparell diminished and exhausted among the indians to that degree , that the loss canot amount to lesse then . pieces / which in our coyne is . — ▪ lb . . ss ▪ . . more for the damages sustaind by the losse of our just part of the islands of molluco , banda and amboyna , since the time we have been murthered , and driven thence . for the prejudice of which and other expences we expect to be satisfied , amounting ( in time ) from the year . to che current year . at the yearly income of . lb . for . yeares the su●…e of . — — . lb , . ss . . reparation is likewise expected for . pieces 〈◊〉 damage done us at surrat by those of mogul so protected by the dutch , that we coud not repay our selves either in money , or goods which we might otherwise , and had it in our power to have taken from them ▪ had not the dutch most unjustly stood in their defence . which losse might in europe be improved ere this , to triple the value . whi●… we judge to amount to . — — — — . lb . for customs at persia , whose moity the king of that place granted the english anno . which to the year ●… . is calculated to come to . mille royalls as aforesaid . which being substracted , they are obliged to pay from the year . being twenty one yeares , at the rate off our thousand pounds a year , comes to the sume of . . lb . . ss . the kings hand . from the other side . lb . . ss . . the summe total . lb . . ss . . the intrest for the said time having farr exceeded the principle . here follow all the letters written by oliver cromwell , to forreign princes and potentates , while protector of england . to the count of oldenburgh . most illustrious sir. i do , by yours of the . of january . apprehend , that frederick 〈◊〉 wollisogg , ●… noble gentleman , and your secretary , with christopher griffie , were with certain comands sent from your most illustrious dignity into england : who , upon their approach unto us , have in your name both congratulated our undertaking of the administration of the government of the republick of england , and sollicited for an admittance for you and people into the peace lately concluded between us and the hollanders : petitioning ( with all ) our confirming the grant lately obteind from the parliament of letters , commonly knowne by the name of letters of safe conduct . we therefore , pursuant to our obligation , returne our thanks for so friendly a complement , and ●…ave freely assented to the said two petitions , as being disposed to improve all future occasions , which may at any time expresse our affection towards you , and are of opinion that you have had the same communicated unto you at large , by your said 〈◊〉 , whose fidelity and diligence in this affair have been apparent . what i have to add is sincerely to wish you and affairs prosperity and tranquility . westminster , june . . i am your &c. most affectionally oliver protector of england , scotland and ireland , &c. to the count of oldinburgh . your letters of the . of may from oldenburgh , are come to hand , and obliged me not in a single degree , for that the letters themselves were so pregnant with singular kindness & affection towards me and withall delive●…ed by the hand of the most illustrious lord count antonio , your most beloved son. that that i apprehend my selfe most dignified by , being the knowledge i now have of his vertues , whorthy so noble ancestors of his extraordinary behaviour , & finally of his singular affection testified unto me now beyond words . nor ought it to be a thing disputable , whether he gives his relations at home inducements , to hope his inheriting the qualities of his worthy , and noble father , whose clear vertue and prudence administred the continuance of many yeares interrupted peace to the people of oldenburgh , and cherished them with the effects of tranquillity among the severe stormes of warr , blowing from every corner . why should i therefore do otherwise then value the alliance of such a friend ? whose conduct is so wise , and provident , so as to be able to avoide the enmity of all people . it is finally for that gift alone , most illustrious sir , that i am thankfull ; it is out of regard to justice , and your merits that i 〈◊〉 subscribe my selfe your most &c. oliver protector of england , &c. westminster , . june , . to the most illustrious lord anthony gunter , 〈◊〉 of oldenburgh & delmhorst , leid in jehven & kniphausen . olivier , protector of the republick of england , scotland , ireland , &c. to the most serene prince charles gustavus , king of sweedland , goths and vandals , great prince of finland ▪ duke of esthany , carelia , bremen , verde , stetin , pomeranie , castalies and vandale , prince of russin , lord of ingry wismare , as also duke palatin of the rhine , bavaria , jul. clivia , and duke of monts , greeting . most serene king. the choice made by your majesty of communicateing unto us by your most friendly letters that in particular , which comon same has for some dayes disperst over all the world , of the delcent of the government of the kingdome of sweedland upon you , and that to the great content of the people , and the free suffrage of all persons , i●… no slender argument of your great affection towards us , and an honour not of the meanest degree . wee therefore freely and with justice congratulate that addition of dignity to your most singu 〈◊〉 merits , and reward very worthy of so great a vertue , and do , with united prayers to god , wish , that which we are confident you do , namely , that the same may prove to the good , and prosperity of your majesty the kingdome of sweedland , and the intrest of all christendome . but as to what you mention touching your disposition to the alliance lately contracted between england and sweedland , and acting our part towards its support , as also that your majesty will endeavour not onely the 〈◊〉 , but likewise the improveing ( if it were a thing fesible ) the league now established , were an injustice to call to question the sinc●…rity of : the faith of so great a prince haveing engaged for 't : whose extraordinary vertue has not onely won an everlasting inheritance in the affection of stangers abroad , but has been soe povverfull ▪ as to have invited 〈◊〉 most august queen , daughter of gustaves ( whose m●…tch in all manner of good qualitys many past ages coud not produce ) to make a resignation of the government to you without either your knowledge or seeking . be pleased therefore to be confident that your so singular affection unto us , and so clear a signification of your mind , are circumst●…nces of utmost acceptance unto us ; and that nothing shall promote more our delight , then to oblige your kindnesse with our endeavours never to be wanting as farr as they can be made serviceable , westminster . july . your majestyes most affectionally oliver , protector of england , scotland , ireland , &c. to the most 〈◊〉 ludovico mendesio de haro . what you write me , illustrious sir , of the most serene king of spains haveing appointed , and nominated a person to come hitheir under the character of his e●…bassadour to congratulate with me my undertaking in the 〈◊〉 of england , as it is a thing in it selfe justly gratefull , sovour 〈◊〉 study and quicknesse of care has renderd it so much the more so , who to heighten the obligation , have been pleased to be the first admenisher your selfe : for to have the love and affection of one , who , by his prudence and vertue , 〈◊〉 gaind so much authority with his owne prince , as to influence , ( like your selfe ) matters of the greatest moment in that kingdome , ought to be no less pleasure to me , then ●…nunderstand the good opinion of a most excellent person , to be an ornament to me . but as to any disposition of mind to wards the most serene king of spaine , in referrence as well to the support of an alliance with that king , as readynesse to improve it dayly more and more , i hope , i have satisfied the embassadour here , in that point , and may do it plentifully to him that is to succede him . i wish that the figure moreover , and favour , under which you now move most illustrious sir , may be dureable ; and that what ever you manage , or administer for the good of the publick , may end in aprosperous and happy 〈◊〉 . 〈◊〉 am most illustrious sir , your excellencies most affectionatly . oliver protector of the republick of england , scotland , 〈◊〉 , &c. whitehall , september , . to the most serene prince , carolus gustavus adolphus , king of sweedland , goths and vandales , &c. as your majesties last letter , answered by me with a suitable reply , represented your majesties singular love to me , so the consideration of our friendships seemed to establish such an obligation upon me for the future , that as i communicate occurrences answering our mutual desires , so to observe unto you , as a'most dear friend , my sense and griefe in instances of contrary effects . i am truly of opinion that the figure i make in this republick , implyes a duty of studying , all ●… can , the comon repose of the protestants in particular . which heightens our concernednesse so much the more , when we hear of the battails and mutuall slaughters acted by those of bremen and sweedland upon each other . i am , in the first place sorry to see both our friends ingaged in such bloody differences , so much to the hazard of the intrest of the protestant religion ; next that peace of . which was believed to be a main bulwarke to all reformed churches , should prove the cause of such an uhappy 〈◊〉 that the armes of sweedland are now employed to destroy those who , for religion sake , they woud so lately engage in the vigarous defence of : and that now , at a time , when the episcopacy is reported to persecute the 〈◊〉 all germany over , & revive former violences and oppressions upon them . being therefore informed that the 〈◊〉 of bremen h●…d few days cessation of armes 〈◊〉 it , i cou'd not truly decline the signifing unto your majesty by this opportunity , how heartily i coud wish , and how earnestly i woud pray the god of peace , that that truce may end in a happy reconcliation of both partys , and that things be drawen to a peaceable composure equally conduceing to the advantage of both . to the promotion of which , if your majesty can judge my endeavour capable of contributing oug●…t , i do promise , and freely tender the same , as in apoint of utmost acceptance ( without doubt ) to god almighty : and do in the mean time from my hart wish , that god almighty may direct and steer all your majesty councills , to the publick advantage of christendom ; a prayer which i doubt not but may 〈◊〉 with your owne inclination too . whitehall october , . your majestys most affectionately . oliver protector of the repnblick of england . to the most magnificent and noble magistrates and senators of bremen . i do , with so much the more 〈◊〉 and griefe of mind , see by the account brought me by henry oldenburgh your envoy , the difference arisen between your corporation and your most potent neighbour , and the extremity which you are thence reduced unto , by how much i love and respect the citty of bremen for her affection to the orthodox religion beyond others ; nor do i entertaine any thing more in my wishes , then that the universall name of the protestants may at length be cemented into a brotherly union and concord ▪ that the comon enemy of the reformation does , in the mean space , rejoyce at these our contentions , & promote th●…m the more violently abroad , is a thing most certaine . but the controversy it selfe , as it is not the matter now to be debated , i pray god that the progress therefore already made towards a peace , may determine happily . i have , according to you desires , writ to the king of sweedland touching this matter , sollicitting him to peace and concord , as a thing of utmost acceptance to god , and acted freely and as iough in a thing of th●…r piety , and ofter it as my opinion that it is not 〈◊〉 viseable for you to stand off , bat bear an affectionat inclination to any conditions of peace that are truly honourable . comending you and your citty , in the mean time , to gods tuition an providence . whitehall october . . your highnesses most aff ection ally o protector , &c oliver , protector of the republick of england , to themost 〈◊〉 prince tarentine . your affection to religion , made apparent in your letters to me , together with your extraordinary piety , and singular love to the reformed church's ; more especially the nobility and generosity of the manner wherein ; and that in a government , wherein so many of the nobility dissenting from theprotestant faith , receive such plentiful encouragements of preferment , w●…ile on the other hand , such as adhere thereto , are , for that very reason , exposed to proportionable inconveniencies ; are instances that have filled me with very much content and pleasure . nor has it proved lesso delightful to me to have pleased you , by being of that religion , which is the inducement which principally ought to endear and render you a subject fit for my esteeme . but as to what you mention concerning what the churches may hope or expect from me , i pray god i may be able to answer the same , one time or other , if they need it , and let the world see how i stand inclined towards it ; for i should not truly judge my selfe better rewarded in any thing ariseing from the station i hold in this my republicke , then to be able to promote the intrest , safety , and ( which exceeds all ) the repaire of the reformed churches . let me therefore earnestly desire that the piety and affection with which you professe the orthodox faith , transmitted unto you from your ancestors , be to the end steddily and constantly adhered unto . nor will there be any thing more truly worthy both your selfe , and your most religious progeny , nor ought wherein i can wishingly expresse my gratitude in better and clearer acknowledgments of your obligations upon me , ( albeit i wish all things well for your sake ) then to compose and accommodate your selfe so , as that the churches , ( those of your countrey more especially , under whose discipline you have had so 〈◊〉 a 〈◊〉 and education ) may , in you , sensibly find a protection proportionable to those merits , wherein you exceed others . whitehall april . oliver , protector of the republick of england to the most serene prince emanuel , duke of savoy , prince of piedmont , greeting . most serene prince . wee are , by letters sent us from geneva , as well as delphin , and many other places bordering upon your confines , informed of a proclamation lately published by your royall highnesse , implying that if such of your subjects , as were professors of the protestant religion , did not , within three dayes after the publication thereof , either declare their renunciation of their owne , and acceptance of the popish religion they were strictly charged to forsake their lands and habitations , within twenty days after upon paine of forfeiting their lives and fortunes : and that haveing thereupon made humble supplication to your royall highnesse , praying that the same might be repealed , and that they , ( taken into former favour ) migt be restored to the priviledges granted 'em by your most serene predecessors ; yet they were sett upon by part of your army , who cruelly murthered many , chain'd others ▪ and drove the rest into wildernesses , and uninhabited mountaines covered with snow and desolation , where hundreds of familys are reduced to that extremity , that it is much to be fear'd whether their misery may not be such , as may soone draw utter ruine upon them , under the oppression of cowld and hunger . upon our receipt of this account , we coud not truly decline our being troubled at hart , at so unhear'd of a calamity imposed upon these most afflicted people . but as we owne our selves united to them , not onely as men , but ( in communion of religion ) altogether related as brethren also . we judged our selves imperfect in the discharge of our duty to god , the charity due to our brethren , and our profession to religion it selfe , did we barely pity this calamity and misery of our brethren , without applying all the further endeavour we cou'd , towards the meeting 'em with reliefe against so many unexpected mischiefs . wee do therefore , in the first place pray and beseech your royal highness with all imaginable earnestnesse , to incline your heart to the continueing to your subjects at piedmont , those institutions granted , and from time to times conf●…irmed unto them by your most serene predecessors . in the allowance and con●… of which , as thoir grants were , without doubt , conformable to gods owne approvall ( who has decreed and appropriated unto himselfe onely , the inviolable goverment and jurisdiction of soules ) so there was also due regard held ( doubtless ) to their meritts , who , in time of warr , were found equally positive in their loyalty and courage , and of peace , subjects suitably obedient to goverment . and as your royal highnesse in all other things bravely and gloriously accomplished , has pursued directly the paterne of your forefathers , so we do again and again beseech , that you woud not begin to act the contrary in this ; but that this proclamation , and if their be any other demand made use of , to interrupt your subjects , upon the score of their professing the reformed religion , be abolished ; they restored to their native country and habitations ; their former rights and libortys ratified unto 'em ; their sustain'd damages repaired ; and that you cause all their vexations to be drawen to an end . which if your royall highness will see done , you will act a thing of utmost acceptance to god , raise and comfort those miserable and calamitous peopl●… , win the good opinion both of all your neighbours , and those who admire the reformed religion , and more 〈◊〉 ours , who shall looke upon your kindness and clemency to them as the essectof this our request . which will draw us under an obligation o makeing all suitable returnes ; and lay a most solid found●…tion not onely of an alliance and friendship to be raised , but improved upon , between this goverment and yours . nor do we truly entertaine a cheaper opinion of your justice and moderation of mind in this case . to the 〈◊〉 of whom , that almighty god may incline your disposition and thoughts : and do heartily wish both your selfe and people , peace , truth , and a happy ●…ssue in all your affairs . whitehall may . oliver , p. of the republick of england to the most serene prince 〈◊〉 transsilvania , greeting . most serene prince . your letters of the . of december . whom this brings you an account of our receipt of , have shewen us , the singular love and affection you bear us ; your envoy who brought and delivered e'm haveing declared at large your ambition of contracting a fellowship and alliance with this government . it did not truly please us in any small degree , to meet with this occasion of declareing and demonstrateing all we can , our inclination towards you , and how much we ought to value that of your highnesses . but considering that the account , which we have had of your clear obligations upon , and undertaking for the welfare of the christian republick , hitherto unknown unto us otherwise then by report , and that all these , besides what you designe further to be concerned in , either for the defence or promotion of the christian interest , are come confirmed in the letters which your 〈◊〉 ness has been so friendly pleased to send us : the same have plenti●…ully added to our satisfaction : namely that it has been gods pleasure to have raised in those countrys , so powerful and worthy a minister , to the service of his providence and glory ; who notwithstanding the efficacy of his owne power and arms , desires to joyne with us for the defence of the protestant religion , now groaning under the oppression and design of all hands . but god , whose providence has inspired us both ( albeit at this distance ) with the same inclination and disposition towards the support of the orthodox religion , he will doubtless become our author in such future resolutions , as may enable us to be in , and among our selves as wel as all other protestants and corporations , a considerable reliefe & advantage , in a matter of this consequence , as being truly bent upon all opportunity administred by god , which we shall not , thro the good help of the 〈◊〉 god , decline the doing our part in the improvement of . we cannot in the mean time , without very great griefe observe unto your highnesse , with what inclemency the duke of savoy persecutes such of his subjects , as ( inhabitingabout the alps ) professe the protestant religion , and whom he has not onely 〈◊〉 as many of , as denyed to embrace the roman religion ; to quit their nature country and abandon all their possessions ▪ , but also set upon them with his forces , who exposed many to most cruel murthers , dispatched others with barbarous and invented tortures , and drove great multitudes of 'em into the mountains , there to be consumed with hunger and cowld , having sett fire to their houses , and goods , ( if these butchers did chance to leave any unplunderd for want of conveyance . ) and are very apt to believe that your highnesse could not decline being much displeased at so great a cruelty , when first you heard it , ( which i presume may be some time past , ) and that you did what you could towards the reliefe & assi●…tance of those miserable wretches , if inhuman murthers and miseries have left any surviveing . we have writ to the duke of savoy to divert his rage from off his people ; as also the king of france , that he might do so too ; together , with the neighbouring protestant princes ▪ to let them understand how we resented so inhumane an instance of cruelty : which albeit it was begun upon these needy wretches , yet its designe seemes to extend to all that are of the same judgment in religion : and so heightens the necessity conveyed unto them so much the mor●… , of taking care of ▪ hemselves , and consulting the welfare of all their friends : which pursuant to that light , which god has inspired us with , shall always be the very levell of our pursuit . a thing your highness may depend upon the sincerity of , as that of our love and affection wherewith we heartily wish you a properous issue in all things ; praying that all your enterprises and approaches towards the asserting the liberty of the gospel and its adherents may determine happily . whitehall , may . oliver , protector , &c. to the most serene prince charles gustavus adolphus , king of sweedland , greeting . your majesty has ere this ( and to your great trouble we presume ) had an account of that most bitter proclamation , reported to have b●…en lately published , whereby the duke of savoy has afflicted to the marrow , such of his subjects inhabiting about the alpes , as stile themselves reformed protestants , and directed , that if in case they did not renounce their owne , and embrace the roman catholick religion within twenty dayes , they should be rooted out of their native country & habitations , so that after the murther of many , the rest plunder'd & exposed to invented deaths , they wander now with their wives , and small children over the wild mountains in a continual winter , consum'd wit●… hunger and cowld . for the universall hatred of the contrary party , even unto all protestants , demonstrates that albeit they differ in some frivolus things among themselves , their cause and intrest yet in the main ought to be the same , and almost one . and there is none but knowes , that how , upon all occasions , the kings of sweedland have joyned with the reformed , and powred their forces into germany to defend without distinction the protestant religion there : wee therefore ( and that with more then ordinary earnestnesse ) pray that your majesty would in the first place ( if you have not already done it in imitation of us and other protestant republicks ) write to the duke of savoy , concerning this matter , and endeavour to reverse ( if it be possible ) by the interposition of your authority ) the severitd of this so cruel a proclamation , from off of a people , that are innocent as well as religious : for these so cruel beginnings what do they mean , what may they threaten us all ; is a thing which we judge very unnecessary to advise your majesty of . if this man will sligth all our prayers to gratify his owne peevish humour , truly we shall , after haveing first con●…ulted with your majesty and the rest of the protestant princes ( as we ought ●…f , there be any obligation ▪ any love or community of religion to be regarded or observed ) fix upon some speedy resolution that may serve timelily to prevent the miserable destruction of a multude of our most innocent brethren destitute of all help . which as vve do not in the least question to have beeu your majesties sense , and resolution too , nothing can , in our opinion , be more adviseable in this point , than that vve all , vvithout the least losse of time , unite our povver , council , purses , and if there be any thing else that can be judged to stop the further gro●…vth of this evil . in the mean time we heartily recommend your majesties to the tuitionof the most great omnipotent god. oliver protector of the republick of england ▪ to the high and mighty lords , the states generall of the united provinces . rumor , and the frequent advices and tideings which letters bring you from your correspondents abroad , have ere this we judge , informed you of the duke of savoyꝰs late proclamation issued against such under his subjection about the alpes , as have been antient professors of the protestant religion , by verture of which proclamation , they , unlesse they embrace the roman catholick religion ●…ithin twenty da●…s , are comanded to quit their lands and houses , being first stript of all they have besides . ●…nd with what cruelty the authority ●…f t●…at edict has tyranyzed over inocent persons , and ( which very much concernes us ) our helplesse friends , and brethren in christ. many of them being destroyed by a limb of his forces appointed to that purpose , the rest plundred & forc't from home , so that they , with their wives and smalle ones , have been for some time , driven into the roughest of mountains covered with continual snow , where they now labour under the oppression of hunger & cowld . but your concernednesse whereat , & how you symphathyzed these calamities of our brethren , is a thing we can easily gues●… at by our own griefe which is truly very great . for we that are but one ( as it were ) in point of religion , why should not we be equally such in our concernednesse at so unworthy a misuseage of our brethren ? and truly many are the experiences of your apparent piety to the orthodox people in times of oppression , and no lesse favourable to many ecclesiasticall difficultys and adversitys , as for my part , i had , ( if i know my owne mind , ) rather been outon in any thing elce , then in love and charity to brethren labouring under affliction and persecution , upon the account of their religion : for that i would freely give way to the health & repose of the church , in preferrence to my owne par ticular safety . what we coud therefore hitherto act in it , was to writ to the duke of savoy , almost humbly praying him to entertain milder thoughts and disposition towards these his most inocent subjects and humble people ; that he woud restore the wretches to their homes and estates , and put them in possession of their former liberty of religion . we did the like to the chiefest of the protestant princes and magistrates , whom we judged it most concerning , to joine with us in our mediation with the duke of savoy on behalfe of this people . you have done the same perhaps & more . for if this so dangerous example succeeds with the instruments concerned , and this revivall of their late cruelty upon the protestants thrives with them , to admonish your prudence how farr the same may endanger the protestant intrest , is a thing we judge uunecessary ▪ and this person , if he suffers himselfe to be perswaded by our united importunitys and prevailed with to give over , we shall reape a noble and plentifull crop , and recompence from our susteind care ; but if we shoud find him wilfull so as to endeavour to bring into utter dispair , or destroy totally those , who with their owne strength , and ( free from corruption , ) have either preserved our religion delivered by the originall preachers of the gospell , or long before it was restored to its primitive purity in all other nations , wee are ready to joine with you and the rest of our reformed brethren and confederates , in a comon councill , whereby the support of the sincking just , may be , with most inconveniency provided for , and let him at length see how impossible it is for us to put up the injuries and burthensome afflictions of the protestants . fare yee well . to the evangelicall cantons of svvitzerland . you have , ere we had it , doubtlesse , an account of that calamity which those of our religion about piedmont , were lately exposed unto , who , being under the allegiance and subjection of the duke of savoy , were by their own prince's prolam●…tion ▪ strictly comanded to forsake their native habitations , if th●…t in three days they gave not satisfaction of their turning to the roman religion , and thereupon soone set upon with arms , and destroyed by the forces of their said duke : many also driven into banishment , do now with their wives and children , wander most miserably over the deserted mountains loaded with snow &c. where they are ready to perish under the afflictions of hunger , cowld , nakednesse & want of places of habitation there is lesse reason why we shoud doubt of your being equally troubled at your first receipt of these tydeings , and it may be more , proportionable to your neernes to them in point of neighbourhood in excess of us . for your singular affection to the o●…hodox faith , and great stedd●…nesse in adhereing as well to , as resolution in defending it , is a thing we very well know you to be inferiour to none in . therefore as yee are in the str ctest comunion of religion brethren unto , or rather incorporated with these wretches equall with us ; of which body not one member can suffer affl●…ction without the sense , t●…e smart , the detriment , and the hasard of the whole : wee have thought fit to write and signify unto you , how much we judge it concerning us all to help , 〈◊〉 comfort ( all we can ) & that in a comon , ●…id and assistance ; the want and distresse of our brethren ; and make timely provision for the removeing not onely their mischiefess and misfort●…es , but also stopping the further growth of any danger , which ( by example or chance may be created us ▪ wee likewise writ to the duke of savoy , earnestly intreating , that he vvoud out of his clemency , treat his most fa thfull people more gently , and that he vvou●… restore ●…em already almost destroyed , to their goods and 〈◊〉 . and do very vvell 〈◊〉 that these our letters , or rather the joint importunity of this nation may easily induce a most glorious prince to listen to vvhat we have , with so much toyle , petitioned him for . but if he should happen to persist , we are ready to joine advice with you , concerning a meanes to be fixed upon , for the preservation of soe many most inocent persons , labouring under the yoake of so m●…ny oppressions and vexations ; comfort and bear up our most dear brethren in christ , and protect them from most exquisit and unworthy ends . whose health and safety your piety leads ( lam confident ) very much to study the preservation of : for my part i woud neglect my owne most important concernes , yea my life , to make way for it . adieu . westminster may . . oliver protector . to the most illustrious and noble lords the councills and senators of the protestant and confederat townes of switzerland . greeting . to the most serene and potent prince lewis , king of france . your majesties letters in answer to mine of the . of may , plainly shew how little i was mislead by that opinion i entertained that those late most inhumane slaughters and barbarous butchery , comitted by certain squadrons of your army , upon the persons of such in the duke of savoy's country , as professe the protestant religion , vvere not the effects either of your direction or comand , and am exceeding gladd truly of your haveing so timelyly signified unto your comanders ( vvho unbidd committed these inhumane outrages pursuant to the dictates of their ovvne inclinations ) hovv much the same displeas●…d your majesty , and the notice you tooke of so great a cruelty to the duke of savoy himselfe , and vvithall your haveing vvith so much sincerity and humanity interposed and employed your intrest , friendshipp and povver for the bringing back those miserable banished people , to the place vvhere they vvere driven from , and might vvell expect that that prince vvond have done some thing at the desire and request of your majesty . but apprehending that yours , nor the sollicitation and pressure of other princes , can no vvay incline him in favour of the distressed , i hold it consistent vvith the duty of my province , to depute this noble person under the character of our embassadour extraordinary to the duke of savoy , to tell him plainly , how i take his useage of the protestants , thô for no other reason , then out of detestation to the religion it selfe . and do truly hope , that the account which this embassy comes to , may prove so much the more succesfull , if your majesty will be pleased to adhibit a fresh , and with more instance , your authority to , and endeavour in the thing . and as your majesty has undertaken unto that prince , for their future fidelity and obedience to government , so be pleased to make some provision likewise sor their safety and security , against any the like injuries , and most cruel affronts , that may be offer'd for the future , to the inocent and peaceable : this , as it is in it selfe an act of justice , and truly becoming majesty , and no lesse suitable to your benignity and mercy , who secures the peace and safety of such of your owne subjects in all places , as profess that religion , so we canot in any reason decline the expectation of , from your majesty , which , in this very worke , will make a thro conquest over the harts of all the protestants inhabiting your owne dominions , who in times of difficulty , have been already found of unexceptable affection and loyalty towards you , as well as shevv your neighbours , that royall councill has no vvay abetted to this mischiefe , whatever royall ministers and magistrates might presume to have done : especially if your majesty exacts due punishment , to be examplified upon those captains and officers , who , pursuant to their owne wills and pleasures , have dared to be the actors of such inhumane villanys , in the mean time , when your majesty will thinke fit to shew your aversnes to the detestation this deserves , i do not doubt but that your kingdome may , by your allowance , become a reception and secure refuge to those miserable and distressed people , when their address shall seeme to call for 't , nor that you will suffer , that any of your subjects give the duke of savoy any assistance to their prejudice . what we have to add , is to assure your majesty how much i esteeme your friendship : to the improvement of which i assert to be wanting neither in faith nor ●…ndeavour . i am your majesty's most affectionatly oliver , protector of the republick of england . whitehall july . ●… . to his excellency cardiual mazarine . most eminent lord cardinall . upon my resolveing to send the bearer with letters ( whereof the inclosed is a copie ) to the king , i did then direct him to accost your eminency in my name , and committed some things to his trust , to be comunicated to you in particular : wherein i desire your excellency to give him full credit , as being a person in whom i have reposed very great confidence . whitehall july . . your eminency's most affectionatly oliver , protector of the republick of england , &c. oliver , protector &c , to the most serene prince frederick the . king of denmarke , norway , &c greeting . your majesty has ( erè this we judge , and that as much to your griefe as becomes a champion and a protestant prince , ) had an account of the unmercifull proclamation lately published by imanuel , duke of savoy , for the overthrow of his own subjects , inhabiting about the alpes , inocent people and men of note and renowne , and that for the sincerity of their zeale to the true protestant religion , for many yeares past ; haveing driven them out of their native land , out of detestation to their faith , and after butchering many , expos●…d the rest , ( needy naked , and lo●…ded with all other miserys ) unto all the mischiefs and hardships , which those desered mountains usually administer . if the principles of christianity layes an obligation upon us in generall to resent or sympathize the sufferings of any particular scan●…leing thereof , we do not , if well acquainted with your piety & prudence , know of any that can clearlyer foresee what danger the example and consequence of this fact bespeakes us all , as well as the protestant intrest , then your selfe . wee have therefore exercised all freedome in our letters , to let you know , that however you resent this calamity of our most inocent brethren , what opinion or judgment we expect you may entertaine of it , the same shoud be a paterne for our imitation . and , for that reason , have writ to the duke of savoy , where we earnestly prayed , that he wou'd treat the poore and meeke more spareingly , and prevent the said bloody proclamation's being of any further force . which if your majesty and the rest of the protestant princes , have imitated , or otherwi●…e perform'd , ( as we believe you have , ) it is to be hoped , that the most serene duk 's , fury may be allayed , and this his rage appeased , at the intercession and instance of so many neighbouring princes at least . but if he will rather choose to continue his resolution , we declare our readynesse to joine with your majesty , & the rest of our confederats ( concern'd for the ●…ntrest of the protestant religion , ) in such a resolution as may provide for their speedy reliefe , srom their distresse , and do what we can for their sasety and liberty . our prayers , in the mean time , bespeake your majesty all health and happynesse . westminster may . oliver protector &c. to the most noble magistrates and senators of geneva . our letters lately send you to shoud have intimated the very great griefe conveyed unto us from the vast , and unheard of calamitys , to which the duke of savoy has exposed the protestants , inhabiting in , and about the vallyes of piedmont , did we not then make it more our businesse , to let you know , that we were not onely concern'd at such their miserys , as it was our care to provide ( all we could ) for their reliefe and comfort . wherefore we have caused a collection to be levyed over all this republick : which we justly expect may prove such , as may expresse the passionat affection , which this land bear to their brethren ' in time of such most inhumane persecution . and as we are one in point of religion , so we ought to admit of a fellowfeeling of their calamityes . in the meane time , while the collection is a raising , which will take up time ; and considering that their want and helplessnes canot admit of any delay ; we have judged it necessary to transmit ( with all imaginable speed , to be , before hand , distributed among 'em , who shall appear most to need present help & comfort ) the present sum : of . li : but in as much , as wee know , how much the miserys and injurys done inocencyl , affect you , and that you will looke upon nothing either painfull or troublesome , that may tend to their help and assistance , we have ventured the transmitting the said sume to you , to be distributed among these calamitous people , and give you the trouble of considering in your piety and prudence , of the justest method , pursuant to vvhich , that money may be soonest disposed of among the needyest of those people , and albeit the sume is truly small , yet some vvhat it may be at least tovvards their present ease and refreshment , till vve grovv able to enlarge our charity by sending them a greater sume : and as vve doubt not of your accepting of this employment in good part , so vve pray the omnipotent great god to furnish his ovvne protestant people vvith the courage of desending each other in common , and of being a mutuall assistance to each other , against the barbarity of their enemy ; vvherein vve shoud be gladd , that our endeavour might be of any use to the service of the church . adieu . fifteen hundred pounds of the said sume of two thousand remitted by gerard hensh to paris , the other five hundred shall be taken care of , by master stoupely in bills of exchange . oliver , protector of england , &c. to the most serene prince duke , of venice . most serene prince . as we have been always found manifest 〈◊〉 of your outdoing your enemys , in instances 〈◊〉 to the promotion of the christain interest more particularly , so now more especially , at the tydeing of the late sea-battle which we no way repine at the success of , altho it seemes ( as we are inform'd ) to have happend some thing to the detriment of our people . for certain of our traders ▪ namely william , and daniel williams with edward beale merchants , have , by petition , humbly represented unto us , that a ship of theirs called the great prince , employed for their account to constantinople , was there ptessed by the grand signeur's ministers , and employed to transport provision and soldiers to crete , in which constrain'd service vvhile sailing , vvas , among others of the turcks fleet , vvhich happend to engage vvith the venetians , taken , carryed to venice , and by the gourt of admiralty there , condemn'd to the use of the publicke . as the said shipp therefore vvas , contrary to the approvall and knowledge of her owners , forc't into the turcks service , and that he cou'd not disintangle himselfe , out of the 〈◊〉 , being loaded with soldiers , we earnestly intreat your serenity to repeal , ( out of regard to 〈◊〉 alliance ) the sentence of that admiralty court , and take care of the restitution of the said shipp ( haveing no way deserved ill of your republick ) , to her owners . the allowance of which we have no reason to dispair 〈◊〉 obtain ( atour request especially ) when we find the merchants themselves entertain so good an opinion of your clemency : and therefore hartily recommend your great councills and the affairs of venice both by sea and land , to the happy guidance of god almighty . i am westminster , . your serenity's , and the republick of venice's very affectionately . oliver protector . oliver , protector of the comonwealah of england , to the most serene prince , lewis king of france . most serene king. samuel mico , william coran , george poyner , with severall others of 〈◊〉 merchants have shewed us by their humble petition , that they , in the year . 〈◊〉 on board a certain shipp called the unicorne a very considerable part of their estates , and that the same shipp , with her feight of raw silcks , oyles and other goods ( amounting , by their estimate , to no lesse then four and thirty thousand pounds sterling ) was , by two of your men of warr , set upon and taken in the ●…ranea sea : that our subjects wou'd not , out of regard to the peace that was then between the english and the french , make any violent defence , but referr to the maritime laws , as being induced thereto by the promisses of paul & terrer , the comanders of the said men of warr , who engaged to dismisse the shipp upon peruseall of her bills of loading : that the said merchants employd moreover , & sent into france an attorney to sollicit the restitution of the said ship and goods : where after , the expence of three yeares and more , when matters were brought to that maturity , as that there was nothing 〈◊〉 to be done but to award sentence for restitution his emenency cardinall mazarine owned unto hugh morelly their attorny , that the merchants had wrong done 'em ; and undertooke that they shou'd have satisfaction done 'em as soone ever , as the peace between both nations , and the alliance then under treaty was ended and ratified : yea his excelleecy the lord de bordeaux your majesties embassadour has lately confirmed the same , in express words , pursuant to your majesties comands , seconded by those of the councill , and that the said shipp and goods and the peculiar demurr , under which they lay , shoud be taken into consideration , a part from those other controversys provided for the decision of , by the generall import of the treaty . of which promise the said embassadour him selfe , who by good luck has repaired home upon occasions of his owne , can bear testimony . upon the allowance of such strong presumptions , and that the right of these merchants in the repetition of their goods , lies so clear , it 's our earnest request to your majesty , that they be put off no longer , and that you woud be pleased ( at our instance ▪ ) to render your compliance herewith the leading fruits of the treaty lately revived , and restablish't . which wee confide in the effect of : wishing that the omnipotent great god may influence your selfe and kingdome with all imaginable felicity . westminster december . your majesties most affectionatly oliver protector of england , &c. to the evangelicall cantons of svvitzerland . the account transmitted unto us from our commissioners at genova concerning your publick proceedings , as well as the substance of your letters of the . of december from tigur , sufficiently informe us in the posture of your affaires ( being none of the best we doubt : ) wherein albeit we apprehend , ( to our trouble ) that your peace , & so long continued collaterall alliance is dissolved into a rupture , yet nothing appearing applicable to your fault , the iniquity & perversnesse of your enemys may ( we doubt not ) furnish you with an opportunity of repeating your knowne disposition & constancy to the protestant religion . for the swi●…zers ▪ who condemn ( for traytors any who turne to our religion , what have they attempted , what have their practises been , to raise malitious spirits against the orthodox faith ; is a thing that can escape the knowledge of none , who has not totally forgot that most unworthy massacre comitted upon our brethren at piedmont . wherefore , dearest friends , forget not your former wont , rouse up in gods name , yeeld not your reights , friends , your liberty of conscience , and conscience it selfe to be trampled in the dirt , under the heels of incroaching idolatrous ; prepare your selves therefore , that you may not seeme to looke like men , who cared not how the world went , so they themselves were well , but such as reckon the sufferings of their neighbours their owne , especially theirs of piedmont ; help and comfort those most distressed people all you can : assureing your selves that your own sides were darted at , and their deaths and blood made but an inled of , to reach you . as for my part , know , that your safety and prosperity , are no lesse the subject of my care and trouble , than if this massacre had been executed within the bowels of this republick and , as if the switzers axes and drawen swords ( as they truly are against all protestants ) were ready to fall upon our own necks . no sooner had we therefore had an account of your condition , & the virulency of your enemys , but we presently entred into a strict consultation with persons of very great worth , & knowne piety and affection to the church , in order to the makeing such provision for your subsistence , as the posture of our owne affairs at home cou'd bear , and came to such a determination , as you may know from our comissary mr pell . what i have to add is the continuance of our petitions to almighty god that he wou'd be pleased to stand by , and guide all your councills , and take under his more particular conduct , and defend by peace or warr ( which he thinkes most adviseable ) this your most just cause . westminster january . yours &c. most affectionatly oliver protector of the republick of england , &c. oliver , p. of the republick of england , to the most serene prince charles gustavus , by the grace of god , king of sweedland , gothes , and vandalls , great prince of finland , &c. most serene prince . as it is a custome of knowne antiquity , especially among friends , to admit of an obligation of useing all freedome in communicateing to each other , passages of adversity as well as prosperity and comunity , so that most delightfull part of friendship relateing to the import of the letters , which your majesty has been pleased to give us the honour of , is what we cannot but take very kindly : seeing that it is an indication of singular humanity , and true royalty , to be as communicable in enjoyments , as way of liveing , and to believe nothing to be pleasant , without it be in community with friends and confederates ▪ and therefore cannot but justly rejoyce at the birth of a young prince to his son , to inherit ( we hope ) the glory and vertue of so good a king , and gladly lay it in parallel with the felicity , and glory that befell philip of macedone both abroad and at home , whom records cite to have conquer'd the most powerful greeks , at the very time of the birth of his son alexander . for we do not doubt , but that your kindness to poland in dischargeing , and ▪ as it were , forceing it by the very strength of your army , from the papall ●…oke ▪ and the establishment of that peace with brandenburgh ; which the desires of all pious men gaped for , notwitstanding the storming opposition made to the contrary , may conduce very considerably to the peace and advantage of the church . that god may , in the mean time bless such glorious beginings with suitable issues ; that his gift of a son may pursue the patern of his father in piety , vertue , and noble deeds : that which we truly both hope , and from our hearts wish the omnipotent and great god , ( always favourable to your undertakings ) may grant . westminster , . your majesties most affectionally , oliver , protector of england , &c. to the king of denmarke . most serene and potent prince . john freeman and phillip traverse subjects of this republick , have , 〈◊〉 their owne , and the names of severall other merchants of london a petition'd humbly complain'd , that haveing in the month of october . loaded on board a certain ship of sunderbrugh called the salvador , nicolas winskins master , severall merchandizes , woolen manufacture , cloathes , and other woven comodities and goods , amounting ( according to estimate ) to the value of between three and foure thousand pounds sterling , charged the said master , that as he sailed thro the baltique sea , he shoud go directly to dantzick , and pay the usuall duty at elsenor , and for the same purpose furnished him with a competent sume of money . yetnotwithstanding , t hat the said master most treacherously , and contrary to his instructions from the merchants , pass'd by the said place , without dischargeing that duty ; so that the said ship , with her whole loading , had hue and cry sent after them and were arrested , to the great damage of the owners , in favour of whom we writ to your majesties embassadour then here in london , who , as they say , engaged , that as soone as he came to speake with your majesty , he woud endeavour to 〈◊〉 justice done the merchants . but in as much as the said person has been dispatched upon your majesties affaires into other countryes , and that their application to him before his departure , amounted to nothing ; so that they were forc't to sen'd an atturney purposely to sollicit their right at hafnia , and demand restitution of said shipp and goods : which they also found coud amount to no more then an aggravation of the former reckoning & heape of fruitless trouble upon trouble ; & that the said goods ly under confiscation & present restraint , notwithstanding that , according to the laws of denmarke , a master of a ship ought , ( as they seeme to urge in their petition upon any misdedmeanour of his own ) to suffer corporall punishment , exclusive to any confiscation that shipp or merchandises can be pretended to be liable unto : and reckon themselves so much the unkindlyer dealt with all , for that the custome which ought to be paid at essen'or , is ( as we apprehend ) very inconsiderable . therefore as our merchants have given no provocation , that can be interpreted to the rendering their effects liable to forfeiture ; and that the master , a little before his death , confessed that the neglect was wholly applicable to his proper guilt , which exposed the merchants to so 〈◊〉 damage ; and in as much as the parent of the deceased master himselfe ▪ has , as we understand , by petition already presented unto your majesty , charged all the blame to his son's account , and quitted the merchants : wee coud not truly decline our condemning the detention of the said 〈◊〉 and goods to be most arbitrary ; and are so much the more strengthen'd in our confidence , that as soone as your majesty has a clear state of this thing , you will not onely award a competent reproofe to the ministers concernd in these injuryes , but issue your comands also for the doing the mercha●…ts right , and direct speedy restitution to be made of those goods and reparation of damages sustaind , to the said owuers or asfignes . which we instantly pray your majesties compliance in , as a thing guarded with so much reason and justice , that we canot appear in the sollicitation of ought on behalfe of our people , which we lesse ought to accept of a denyall in , as being ready to make suitable returnes on behalfe of your subjects as often as there is like occasion for 't . to the most serene prince john the . king of portugal . the peace and alliance , which your majesties most noble and splendid embassy , lately sent hither , sollicitted the parliament about , ( which then had the conduct of this republick in their hand ) wee have now at length , thro gods help , and pursuant to the 〈◊〉 we hold in the administration of this goverment , as well as the affection we always bore theteto , drawn unto a happy 〈◊〉 , and such ( we hope ) as may continue to perpetuity . and therefore returne you your ambassader extraordinary , mr john roderick de saa menesses , count pennagavad , a per son whose civill carriage , understanding , prudence and faithfulnesse , we have found very eminent , and worthy your esteeme , and one who haveing discharged this trust with extraordinary applause , comes to you with the ratification of the said pe●…ce . as to the import of your letters of the second of april from lisbona , intimating your good esteem of us , how much you tender our honour , and the excesse of your gladness●… at your ●…earing of our present undertakeing in this goverment ; the same are apparent indications of singular affection , and shall endeavour that all men may hereafter see from my readynesse to serve your majesty at all times , that the same is of utmost acceptance unto me . nor am i in the mean time , lesse painfull in the preferrence of my expres prayers to god for your safety , for the happy state of your kingdome , and the prosperity of your affaires . your majestie 's most affectionatl●… oliver , protector of england , scotland , ireland , &c oliver , protector of the republick of england to the high and mighty states of holland , &c. high and mighty lords , dearest friends . thomas bushell and richard bear , with severall other of our subjects have made their joint complaint unto us , setting forth , that a shipp of theirs called the edmond and john did ( being set upon in her way between brasile and 〈◊〉 ) submit to the assault of a certain privateor belonging to vlushing , called the red lyon , whose comander went by the name of lambert bartelson , but upon such conditions and tearmes ( 〈◊〉 by the said lamberts hand and seale ) as that upon their arrivall at vluissing , restitution shoud be made of such goods as shoud appear to belong unto the english ; that upon their arrivall there , the shipp was acquitted , and the seamen their respective goods restored them , but the merchants effects taken out , and exposed to imediat sale ; that they , namely the merchants , who had this affront put upon , did , ( upon their repair to vlushing to demand their effects at the admiralty court there ) after five y●…ares expensive prosecution , loose the cause with vast charges thro amost wicked sentence awarded against them , by those judges , namely they who , concern'd in the said privateer , were themselves both juges and jury in the thing ; that they have no other hope left 'em , except it be in your equity and incorrupted uprightnesse , which they now at length fly unto , whom they judge some reliefe & favour from , if back'd with our 〈◊〉 of their complaint to you . and truly this is a thing pardonable in the people ▪ if in so great a hasard of their fortunes as this seemes to be , they , under an uuiversall dread from all hands , consider what they ought to fear from your power and authority , as wel as what they were to hope from the integrity of judges especially in a case where they were themselves 〈◊〉 . we do not doubt but that the influence you are under of religion , justice and integrity may , in preferrence to any sollicitation of ours , become an incentive to you of comeing to such a determination herein , as you may 〈◊〉 to consist with equity and justice , and an act that may become you . god preserve both your selves , and republick , to t●…e service of his glory , and the comfort of his church . westminster april . . oliver , protector of england , &c. oliver , protector of the comonwealth of england . to the most serene prince charles gustavus king of sweedland , gothes , and vandalls , great prince of finland , duke of esthon , carelia , bremen , verda ▪ stetin , pomerania , cassubia ▪ and vandalia , prince of russia , lord of ingry , wismar ; as also count pallatine of the rhine , bavaria , jul clevia , and duke of the mounains , &c. most serene prince . peter julius coitus , haveing discharged his embassy here , and so discharged it , as that i thought it a thing unfit to dismisse him hence , without , accompanying him with my opinion of his just merits , which he now returnes to your majesty with ; as being a person who , upon your score ( who have a just right to our highest esteeme ) was , as ( well as for that of his owne meritts ) very acceptable unto us , and no lesse praise worthy by the most dilligent discharge of this trust. therefore we freely certify ( if any testimony can add thereto ) that he has answerd that character which he brought us , as your majestys most just gift to him : who may with the same fidelity and integrity relate the singular respect , which we bear towards your majesty . what we have to add is to breath our wishes to the omnipotent great god to bless your majesty with all prosperity , and continue the influence of your victorys over the enemys of the church , to perpetuity . westminster aprill . . your majestie 's most affectionately oliver , protector of the republick of england , &c. oliver , protector of the republick of england . to the most serene and potent prince lewis king of france . s. d. application being by petition made us , in the names of john dethicke present lord mayor of t●…is citty of london , and william wackfield merchant , setting forth , that haveing about the calends of the month of october auno . loaded a certaine shipp called the 〈◊〉 of london , one lig●…tbagh master , the whole freight consisting of their owne proper goods , to be transported to ostend , the said shipp was seised upon in the mouth of the river of thames , carryed away , and disposed of at dunkirk , then under the obedience of the crowne of france , and that by the contrivance of a certaine privateer called white belonging to berkin , who exerciseth piracy , by vertue of a comission from the son of charles the late deceased king , contrary to the purport of your majest●…s proclamations published to the contrary annis . and ; besides some resolutions of councill in favour of the parliament of england , whereby they ( understanding that the transportation of any goods , or ships taken from the english , dureing that 〈◊〉 , into any place under your majesties jurisdiction , or suffered to be in any such place exposed to sale was provided against as unlawfull ) dispatched hugh morrell their solliciter to dunkirke , with directions to apply to mr lestrado governour of that citty , and demand restitution of the said shipp and goods , as knowing that they were in a great measure yet untoucht in towne ; who upon such application replyed , not like a gentleman nor one that woud seem to be very observable of the comands of his prince , that his present employ was a benefit comferr'd upon him in consideration of publick & past services , perform'd in the king of france s service , & that he therefore intended to make as much improvement thereof as he coud ( as if comisionated to robb his neighbours . ) upon which disappointment , the said sollicitour , after a great expence both of money and time , comeing home , the peti●…ioners ( destitute of all other hopes other then what they imagin'd they might meet with upon appeal to your majesties clemency and justice , and believing that our recomendatory letters in their favour might render their access to your majesty more facile ) pray that you woud not decline your help from a people robbed in defiance of all justice , and in derision of your repeated comands to the contrary . which if obtainable at our importunity ; albeit it is truly a thing which seemes ver equitable , yet we shall believe it to be rather the effect of your naturall 〈◊〉 to justice , then the fruit of my so●…licitation . westminster may . your majestie 's most affectionately oliver , protector of the republick of england , &c. oliver , protector of the republick of england , &c. to the high and mighty lords , the states general of the united provinces , s. d. high and mighty lords , dearest friends , ioohn browne , nicolas williams , with other londoners , have in a petition humbly shewed unto us , that having severally ventured to the east indies , by the ship good hope of london , then bound thither , directed their correspondents at amsterdam , about the month of february , . to ensure there two thousand and forty pounds flemish : that the said ship being ▪ in her way thither , taken upon the very east india coast , by a certain ship , belonging to the 〈◊〉 east india company ; the ensurer's denyed to fulfill their contract in paying the ensured summe ▪ and have so far prevailed , as to be capable , by various delays , to elude our people now after the expensive consumption of six yeares in prosecution of their right which in regard they looke upon as an usage of great oppression and injustice , and that some obliged for the payment of the money agreed for , are either already dead , or become insolvent , we earnestly pray that you would ( to prevent ●…urther expences in addition to the said losses ▪ be pleased to suffer your equity , to be a safe port and refuge to them after so many yeares stormy useage , and almost shipwrack in your court of ●…udicature ; and that sentence be with all speed awarded concerning their cause , in whose ●…ustice they seeme very confident . wishing ( in the meane time ) that happine●…s and prosperity may attend all you undertake , to the glory of god , & the safety of his church . your high and mighty lordships most affectionally , oliver , protector , &c. oliver , protector of the commonwealth of england , to the high and mighty lords , the states of holland . s , d. thomas and william lower , lawfull heires of nicholas lower , lately deceased , on whose account you have had some former trouble giveu you , ( about the ●…des of september last i thinke , ) do bawl now a fresh again , alleadging , that they still labour under the oppression of their adversaries , who●…e power , or other private intrest has ( notwitstanding the integrity of their claimes , and when that coud not doe , our letters sent in favour of their cause ) ●…o far prevailed , as to hinder them from entering upon the benefit of their father's will : that being rejected by the court of holland , where the action first began , and thrown upon yours , pack'd thence to zee-land , and thence hurryed back again to your high court of judicatorie ( to their content ) accompanyed to each place with our letters ( for where the hight and power is , there they depend upon the dispensation of justice proportionably ) if that fails they are at a losse to know where to cast anchor for reliefe after the pains they undertoke in pursuit of justice : for if they find that this our fourth recomendation of their cause can do no good , it will be to little purpose for 'em to extend their hopes any further . wee shall reckon it as a true instance of kindnesse , if after so many rejections , you let them see , that your apprehension of our authority cou'd contribute somewhat to their reliefe in bringing their claime to a speedy determination , as well altogether as have them believe it to be the intire effect of your own justice and equity . as we can no way dispond of your allowance of the former of which , so we are confident that the consideration of our friendship will incline you to the later . your's , &c. oliver , protector . oliver , protector of the republick of england , to the most serene prince john , king of portugal . most serene prince . whereas several merchants , belonging the brazil company in portugal , did in the yeares . and . becom indebted unto sundry english merchants , in a considerable sume of money , upon the account of freight and moorage , & that the said society respit the payment thereof , pursuant to an order of your majesties to that purpose ; notwithstanding that they did truly depend upon the payment thereof conformable to the tearmes , and conditions of the league lately ratified : but fear they may be frustrated in their hope , and other meanes of recovering their right , as being informed of your majesty hayeing seized , and sent to the exchequer their said debt , and assigned the repayment thereof upon the moity of your customes , so that the merchants are like to have no more then the bare interest of their money , the principal lying ( in the mean while ) wholly dead . haveing taken the hardship of which under our strict consideration , the conviction of their just importunities prevailed upon our giveing your majesty this trouble on their behalfe , requireing that instant satisfaction be by the brazil company , made the merchants of his republick , in reference as well to each ma ns demand respectively , as five yeares intrest . this as it is a thing in it selfe consistent with lustice , and conformable with the league lately contracted with you , let me on their behalfe desire in an amicable manner , that it be complyed with without further delay . from our pallace at westminster , july . your ma●…esties most affectionally oliver , protector of england , &c. oliver , p. of the republick of england , to the most sere●…e prince charles gustavus , by the grace of god , king of sweedland , gothes , and vandalls , great prince of finland , &c. most serene king. as the alliance of so great a prince , and so famous for his actions , as your majesty is , hath ●… just title to the height of our esteeme , so that person , thrô whose means we have been so strictly allyed , i mean that most ●…llustrious gentleman christernus bondur , your embassadour extraordinary , must have been ( upon that very consideration ) necessarily gratful and welcome unto us . whom therefore ( having laudably discharged this embassy ) we cou'd not dismisse hence , without accompanying him with a testimony of our being highly satisfied in the rest of ●…is singular vertues ; as being one who seemes to entert●…ine a bel●…efe , that this our recommendation of him may add ' considerably to that value and esteeme which he is already in possession of with your majesty , in reference 〈◊〉 particularly to the diligence and prudence he exerted in this affair . what remaines to be further transacted , we have resolved to send your majesty an embassadour soone about : whose health god ( in the mean time ) preserve , for the defence of his church , and that of the kingdome of sweedland . from our court at westminster , july , an. dom. . your majestie 's most affectionally , oliver , protector of the republick of england , &c. oliver , protector of the repbul . of england , &c to the most serene prince lewis , king of france . most serene prince , friend and dearest consederate . we have had a petition in the names of richard baker , and severall other merchants of london , and his associates , wherein they humbly complaine , that an english built ship , called the endeavour , william jopp master , and hired into their service , was , about the . of novemder . set upon in her way , between a place called the palm , and the island of tenerif ( where shee put out for london from ) & seized by four french vessels who , in appearance looking like merchant-men , but arm'd like men of war , and under the chiefe comand of one egedius de la rocke , carried her with her whole freight , consisting in medera , wines , to the east indy's , whether they said they were bound ; together with most o●… the mariners , saveing fourteen which they landed upon the shore of guiny ; which the said egidius declared the inten●… of to be , to prevent ( by planting them in so remote and inhumane a place ) the escape of any who might by a declaration of the fact , hurht him for he did owne , that he had no directions to meddle either with the english , or others , which he might have troubled before ; and with all that he was not ignorant of the english and french's being at peace at that vety time : but designing to revictual at portugal , but was prevented therein by contrary winds , was necessitated to supply his wants with what he found in that ship : that he moreover believed he might content the owners thereof in what damage they didthem . which , by sworne testimony , will appear to amount to above sixteen thousand pounds damage to the merchants . but yet if people will , upon such slender temptations , venture upon the rash violation , and turn into scorne ( as it were ) the decrees of princes , ( whose force ought to be of utmost weight , ) so as to exercise 〈◊〉 licentiousnesse upon merchants to serve their own ends , it truly acts towards a totall dissolution of the ty of alliances for the future , the word and authority of princes will decline ; and signify just nothing . we do therefore not onely pray , but ●…udge it very much concerning your majesty's intrest that those who have dared , to make so slight a matter of being the first breakers of their king's contract , and most sacred word , have speedy punishments executed upon them , suitable to the nature of their perfidiousnesse and insolency ; and that the owners of the said ships , do in the mean time , make our merchants full satisfaction for the damage , and prejudice which this act has injuriously exposed 'em unto . gods care be your majesties continual guard , and become the defence of the affaires of france against both our comon enemy . from our court at westminster , august an. dom. . y●…ur majesty's most affectionally oliver , protector of england , &c. oliver , protector of the republ. of england , &c ▪ to cardinal mazarine . most eminent sir when the imporatance of any affair gives me a necessary invitation of writeing to the king. i do judge the same , expediently to include an occasion of doing the like to your excellency ; for to conceale from his knowledge , whose singular prudence alone moderates , with suitable fidelity , advice and vigilancy , the weightyest affaires of france what i write about , is apoint i reckon ' of utmost inconsistency . that treaty most strictly establisht by you , ( whose sinceriry were a sin to dispute ) we complain of the violation and contempt of , and that thro the meanes of a 〈◊〉 〈◊〉 called egidius , who with his abettors , broake the same the very sameday ( almost ) of its confirmation , as our letters to the king , and the applications from the merchants themselves can make appear to your excellency , who must in particular know how much it concernes not onely the magistrates , but his majestys owne intrest , to see the originall infringers of this contract brought to justice . but these perhaps upon their arrivall in the indies , whether they went , may looke upon the goods of our subject ( seised upon , upon the heeles if so fresh an alliance contrary to all justice and truth ) as prised goods lawfully forc't from the enemy . that that we woud have your excellency ( in the mean time ) do , amounts to no more , then that 〈◊〉 owners of the said shipps woud make good the promise of this comander in chiefe , in returning to our people that that may be equivalent to what he has taken from 'em , to supply the necestary occasi●…ns o●… his voyage : wherein we understand your excellency to be able to do much by vertue of your authority . from our court at westminster , august , a. d. . your eminency's most affectionatly oliver , protector of the republick of england , &c oliver , protector of the republ. of england , &c. to the high and mighty states of the united provinces high and mighty friends and dearest confederates . wee doe not ( truly ) doubt , but that all persons will say , that nothing has been more the designe of our making friends abroad , then in order to the raising of them , as such , for the intrest of the protestant religion , nor that has appear'd more the subject of our aim , then the uniteing of their hearts , who either were friends and champions for the protestants , or who were not their enemys at least . which raises our griefe and trouble of mind so much the higher , when we heare of their suspecting and entertaining of suspitions and animositys against each other , who , as protestant princes and republicks ought to cherish one another in all imaginable sincerity ; especially you , and the kingdome of sweedland , ( two of the principallest defenders of the protestant religion , and the best friends this republick hath ) not to have that confidence in each other , whick you were wont to have , yea to ●…et appear signes either of a growing difference , or an evident decay of your friendship . what the causes were , or how farr this alienation of mind has extended of either hand , are things which we profess our ignorance of . we coud not ( neverthelesse ) but be much troubled at these ( thô never so inconsiderable ) sparcks of disagreements between brethren , which must necessarily convey a deal of inconveniency to the repose of the protestant religion's intrest , and ( whichif sufferd to goe on , ( which god farbidd ) how will it endanger the reform'd churches , how will the enemy swell and tryumph thereat , the ( spaniards more especially ) ; is a thing that canot escape the prudent ey of one of your experience . the spaniard will certainly so swell and swagger hereat , as not to faile of rendering it the business of his embsssadour with you , to obtrude his advices ( and that more confidently ) upon you to be guided by ; and with the apprehension of raiseing new warr partly , and by the prospect , of a false advantage partly ; tempt to sollicit you to forsake ( at his instance ) your old and faithfull friends ; the french , english and sweedes , and engage in a very strict fellowshipp with one , formerly your enemy and tyrant , thô now a seeming friend , and ( which is much to be feared ) a a conterfeited one. truly he , who from a most canker'd enemy , shall , upon so slight an occasion , presse of a sudden , to become your councellour , what is it that such a man will not assume unto himselfe ? what confidence will he raise to , if he can but once see with his eys , such things as are now onely the b●…re conceptions and imaginations of his heart ; namely to plant discord and civill warr amongst the protestant confederates ? wee know that you often , pursuant to your wisedome , take the state of all europe , and the condition of the protestant religion more especially , into your consideration ; that such of the cantons of switzerland as profess the orthodox faith , are amused ; ●…nd grow pregnant with the apprehension of new troubles from their neighbours the papists , w●…le yet scare cowld from the heat of that wart levyed upon them by the spaniard , upon the bare score of their religion , who haveing inflamed and kindled that warr , supplyed their enemys with men and money ; that the massacre a●…d destruction executed the last year upon the protestant inhabitants of piedmont , were the effects of spanish influences ; that the protestants of germany under the subjection of the emperour , underwent intollerable disquiets and with much difficulty held their native habitations ; that the king of sweedland , whom god ( we hope ) raised as a most curagious champion for the protestant religion , was exposed to the necessity of maintaining with the strength of his whole kingdome , a fowle aud rigid warr against the most powerfull enemy , that the reformation has extant ; how your own provinces are threatend by the malicious confederacy lately struck by your neighbours the papists , who are the king of spaine's subjects ; and sinally we , who are taken up by the warr declared against the king of spaine . if , while things stand thus , a misunderstanding shoud happen to arise between you and the king of sweedl●…nd , what a sad and lamentable condition shoud protestancy fall under , all europe over being subjected to the cruelty , and fury of inhuman enemys ? the consideration of which doth not a little trouble us ; and believe you to be of the same mind , and that you will withall , pursuant to the great affection you always expressed on behalfe of the protestant cause in generall , and disposition to the maintaining uninterupted the peace of such , as are 〈◊〉 both in their judgment and desires , accommodate your counsells to these considerations , which are preferrable to all others whatever , and that you will not decline the doing of ought , that may conduce to the establishing of a peace between you and the king of sweedland . wherein 〈◊〉 we can ●…e of any service ; what ever opinion you may entertaine of our authority or intrest , we most freely offer you the tender of our endeavour , with the same readynesse , which we do it to th●… king of sweedland , to whom we designe likewise to send an embassy out of hand , to let him know our opinion of this affair . and ●…ope that god will incline your minds on both sides to moderat couucills , and prevent the falling out of any thing that may give cause of offence on either hand , or carry things to an extremity . but that contrarywise , both partys endeavour to remove what may offend or administer matter of iealousy to to'ther . which if you concurr to , you will ●…oth disappoint your enemys , and become a comfor't to your friends , and finally provide plentifully for your owne , and the safety of the republicke : and do pray you to rest likewise very confident in this , that we , as often as we are supplyd with an opportunity for it , shall employ our endeavour towards the rendering the united provinces sensible of the great affection and love we bear 'em . sollicitting god wit●…all , with our dayly prayers , that he woud be pleased to bless your repulick with a flourishing peace , riches , liberty and more especially love and true worshipp , to the christian faith . from our court at westminster , august . your &c. oliver , protector . oliver , protector of the republ. of england , &c. to the most serene prince john king of portugall , most serene king. thomas maynard has , upon the . of july last ( old stile ) delivevered into our receipt , your majesties ratification of the peace concluded by your embassador at london , as well as of the private and preliminary articles thereof , and by letters then transmitted hither from phillip meaddaw our envoy at lisbona , understand that he has deliver'd your majesty ours likewise , pursuant to our direction to him on that behalfe : the aforesaid instruments of ratification being about the beginning of june last interchanged . so that a most firme peace is confirmed between both nations . from which peace we have derived no small pleasure ; for that we judged that as it bespeakes a general advantage to both , so it doth a proportionable detriment to the comon enemy : who as they have been the first inventers of meanes to interrupt the former alliance , so they have lefr nothing unattempted to prevent its renovation novv . nor do vve doubt of their slipping any occasion that can be improved tovvards the creating matter of suspicion and offence between us. which vve have truly resolved to employ our utmost endeavours and constancy in opposition of ; yea it 's our earnest desire that the alliance may strengthen our confidence in each other dayly more and more , so as to reckon those our enemys , vvho , by any artifices , shall appear to employ any project tovvards the lesseningh our friendship among ourselves , and those contain'd in this ratification ; and are verily persvvaded that your majesty is much of the same mind . and vvhereas your majesty has been pleased ( in it's letters to us under the . of june nevv stile , and delivered unto our envoy some days after the mutual exchange of the instrument concerning the establih't peace ) to mention some clauses of this treaty , vvhich you vvould have alter'd , as things vvhich , thô of small moment to this republick in your majesties opinion , yet of very great consequence to the kingdome of portugal , we shall be found ready to treat apart about such things as shall be propound on your majesties behalfe , and settleing such things as shall seeme to either party to conduce to the further strengthening or binding the same : wherein we shall observe such measures as may equally conduce to the satisfaction of your majesty and people , as our owne , and referr to your choice where you will have all these things debated , either at london or lisbona . but this treaty being already confirm'd , passed the lawfull firme of both nations , and mutually interchanged ; to alter any part of it , were to destroy the whole , which we know is a thing far from your majesties seeking . we wish your majesty all prosperi●…y and happiness . from our court at westminster august . your majesties most affectionatly oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene prince john , king of portugal . s. d. wee have had an account of that base and wicked attempt , made towards the murther of phillip meadowes sent hence under the character of our envoy , to treat with you touching a peace : the cruelty of which has appeared so great , that his escape is the sole effect of god providence and care of him . and do by your majestys letters of the . of may delivered by thomas maynard , understand , that your majesty , moved at the indignity of the fact , issued your comands in pursuit of the assacinates , in order to their being brought to condign punishment : but do not yet heare of the apprehension of any of them , nor that your comands concerning them signified any thing . we have therefore thought fitt to declare openly how much we resent that base and barbarous attempt , and the approach it made towards its designe : and require that due punishment ●…e executed upon the authors , confederates and instruments concern'd in that villany : and the sooner its done , and people of honesty , utmost integrity , aud who study the peace of both nations , appointed to inquire into this affront , whereby the whole may receive a thro inspection , and the authors of the villany , and those that employed'em , punisht with the great or severity the better . for without which , it will 〈◊〉 raine your majesty laws of ●…njustice , nor will the reputation of this republick be vindicated ; nor can any true friendshipp subsist between both nations , without its correction . we wish your majesty all felicity and good luck : remaining erom our court at westminster , august . your maiesties most affectionately oliver , protector of the republick of england , &c oliver , protector of the republ. of england , &c. to the most ●…llustrious lord connt mariano . s. d. most illustrious sir. the indication of your singular love both to me , and this republick , contained in your letter of the . of june , last to me ; as also the import of others ▪ sent me from phillip meaddow , whom i sent to the king of portugal to treat with him about the conclusion of a peace , wherein he gives us a full account of your extraordinary parts and endeavour in the transaction thereof , has obliged us very much by what i 〈◊〉 from the import of the said letters . this last consirmation i have received with very much content , and am so farr satisfied in the issue of things , as that you shall never have cause to repent of whatever you have 〈◊〉 contributed 〈◊〉 the promotion of this peace , 〈◊〉 your sincerity to the english , nor of your faithfulness , exerted in this point to his majesty : it 〈◊〉 ( thro gods assistance ) to be hoped , that this peace may be very advantagious to both nations , as well as of contrary effects to the enemy . all the misfortune and ill luck that attended thi●… affair consists in that wicked attempt basely projected against our envoy philips meaddow , against whose unknowne authors there ought to be no lesse care taken , then in instances of manifest roguery : nor 〈◊〉 i doubt of your kings justice and severity in punishing soo deepe a piece of villany , nor of your 〈◊〉 promotion thereof in particular , as one , whose practice is justice and piety , and make it your businesse to continue both nations in amity and peace : which can no way subsist , if such wicked attempts shall be suffer'd to escape unpunishd and unvindicated . but your know●… detestation of that villany renders it unnecessary for me to enlarge any further upon it for the present . as i have therefore assured you how ready i shall ( at all times ) be to demonstrate my sincerity towards you ; that that remains is , to let you know of my haveing recommended very fervently both you and all yours to the favour and protection of the almighty . from our court at westminster , august . yours , &c. oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene prince charles gustavus , king of sweedland , gothes and vandals , &c. most serene king , friend and dearest confederated . when i consider that your majesty and i , concur both in disposition and resolution , in reference to the defence of the protestant religion against it s now ( if never before ) malignant enewys : thence it comes to passe , that as your prosperous successes & tideings of your dayly ( almost ) victories adds to our satisfaction , so i am very much troubled at that one thing , which disquiets , and destroys this our united content , and that is , to hear , among other news , that your former understanding with the states of holland doth not stand as well as it did , and that things 〈◊〉 carry'd to that state 〈◊〉 you ( 〈◊〉 the 〈◊〉 zea especially ) as to draw seemingly towards a rupture . the causes i know not i must confesse ; i visibly see that without it please god divert it ; it will very much devolve the protestant intrest . wherefore we thought it becomeing that neerest relation wherein we are united to you both , and ( pursuant to that love and affection to the reformed religion , which ought to be a principall inducement to us all ) to repeat unto your majesty now those perswa●…ions which we highly pres'st upon the states of holland to list●…n unto , of peace and quietnesse . every corner swells with envy against the protestants ; they seeme to have conspired our destruction as being never pregnant with more malice . witnesse piedmont loaded but yesterday ( as it were ) with the blood and massacre of those miserable wretches ; germany quashed by the late edicts and proscriptions of the emperour ; witnes switz●…rland . what need there many words to overhall the memory and griefe of so many fresh calamity's ? who knowes not but that those massacres , distractions and vexations , to which the protestants were for three yeares together exposed , were the effects of spanish couucils , and those of roman pontificates . if to so many mischiefs a civill dissention among protestant brethren be added ; among you more especially , in whose power , riches and constancy the greatest safety left to the reform'd churches , is ( as farr as human help is to be depended upon ) lodged : it vvill unavoidably hasard the reform'd religion it selfe , & plunge it into the depth of danger . whereas on the other side , if the protestants universally joine in that brotherly unity vvhich becomes them to doe , vve neede fear nothing that the arts , or povver of our enemy's can doe to hurt us ; vvhom our concord alone vvill baffle and disappoint . i therefore in an extraordinary manner pray and beseech your majesty , that you vvould be pleased to apply a vvilling and vvell disposed mind to the confirming the former understanding vvith the states of holland , if in any point the same b●… slacken or abated . if in any thing my endeavour , faith & diligence can be thought of use towards an accommodation ; i do promised and tender you the same . god in the mean time bless , and prosper the success of vvhat i vvish ; vvhich is , that your majesties affaires may prosper and run in an interrupted stream of felicity . from our court at westminster , august . your majesties most affectionatly oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the states of holland . high and mighty lords , dearest frirnds . william cooper a — londone●… and our subject made his complaint , that john la mair an amsterdamer & his father in law , did about thirty yeares agoe ; invent a meanes of raiseing the revenue of your republick ●…arr higher then it was , and that without any extraordinary burthen to the people ; and made a covenant with one john van den brooke , importing that upon some consideration between 'em , he should receive the moity of such 〈◊〉 as should redound from the said invention , which was the 〈◊〉 of the small seal in the provinees . in consideration of which your mighty highnesse were pleased to settle the yearly allowance of three thousand guilders ( which amounts to three hundred pounds in english money ) to be paid annually to the said van den 〈◊〉 and posterity : but now , albeit the said invention of the small seal has been found very easy and expedient , and of a considerable advantage to your highnesses and the other provinces , yet no part of the said settlement has been made good to this day , altho sought with much sollicicitation . so that he the said van den brooke , and la maire being tired out with delays , that affair lawfully descended to the said william cooper our subject ; who out of a desire of receiveing the effects of his father in laws industry , applyed unto us by petition , praying that we woud recomend this his request to the consideration of your mighty highnesses ; which we thought unsit to de●…y ' him in . wherefore make it our friendly request to your mighty highnesses , that you would please to give a fair hearing to the petition of the said william cooper , and take care that the stipulated reward of industry , and so just a stipend , and for so many yeares past , with a yearly 〈◊〉 fot the time to come , be paid him . which as we doubt not of your mighty highnesses free allowance of , as a just thing and worthy your bounty ; so we shall be on ou●… part ready to shew the like just disposition to your people in their requests , as often as we are in that nature applyed unto . from our court at westminster , september , anno dom. . i am your mighty highnesses most affectionally , oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene prince lewis , king of france . most serene king , friend , and dearest confederate . it is with violence to our inclination , that so many complaints of ours , against the injustice of your subjects , should happen to pursue the peace reestablish't vvith your majesty : but as vve are confident that our sufferings are no vvay the effects of your consent , so vve cannot be vvanting to the complaints of our people . it is evident that the capture of the ship anthony of deepe vvas lavvful prize , if the sentence of our admiralty court be consulted vvith ; vvhich says , that her seisure happen'd before the treaty vvas concluded . part of vvhich prize , to the number of about four thousand hides more or lesse , robert browne merchant of london , bought of those vvho had the overseeing of the publick sale : upon his sending , selling , ●…d calling for the price of about tvvo hundred of vvhich hides from a certain skinner at deepe , he complaines that the same vvas stopt and arrested in his correspondents hands , a quarrel fastend upon him , so that he cannot attain to justice in that court. wherefore vve have thought fit to desire your majesty to cause the vvhole matter , to be brought before your council , and that mony disengaged from that most u●…just restraint . for if vvhat vvere comitted before the conclusion of the peace , shall be liable to be called into question and judgment after its confirmation : we do not see vvhat a treaty can signify . for there can be no end of quarrels of this kind , if some severe punishment be not timely avvarded these frequent peace-breakers , vvhich vve hope your majesty vvill take speedy care to see done ▪ whom god honour vvith his most holy def●…nce . ●…om our p●…llace at westminster , september , . your majesty's most affectionatly , oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene and potent prince john , king of portugall . most serene king. the peace between this republick and the kingdome of portugall , being now transacted , and all due provision and 〈◊〉 ●…ken of trade . wee have thought it a thing 〈◊〉 and necessary to dispatch the bearer thomas maynard to your majesty , to act in your kingdome as consul ; to hear and determine matters of debate usually ariseing amongst merchan●… . but in regard it often f●…lls out , that the nature of his employ may necess●…rily require 〈◊〉 to your majesty , relateing as well to the intrest of this nation , as trade , in generall . wee desire your majesty , that as often as he has occasion of being h●…ar'd , you will please to allow him the liberty of approaching to , and being heard by your maj●…sty , which shall pass with us for an evident argument and singular testimony of your esteeme of us . that the omnipotent great god may ( in the mean time ) prosper all your majestys undertakeings . from our court at westminster october . your majestie 's most affectionately oliver , protector of england , &c. to the king of svveedland . most serene a●…d potent king. albeit your majesties wonted and naturall disposition to men of merit is such , as to reckon all additionall comendations unecessary , yet we coud not dismiss this worthy gentleman sir william vavasor knight a person of note in warlike discipline , and now upon his journey towards you , with out accompaining him with the trouble of a letter to your majesty . our freedome in the doing of which was prompted so much the mor●… , when we were tould that much of his time & blood has been spent in the pursuit of your service , and in many battells fought on your behalfe : so that the late kings of sweedland have , in consideration of his warlike skill and true courage , often exerted in warr , settled landsand annuall pensions upon him . nor do we doubt but that he may be of future great use to your majesty in the present warrs , as being faithfull and of knowne skill in martiall discipline . it is therefore but what he merits , if we recomend him to your majesty ; that the allowances granted him by them formerly , be paid . this we will take very kindly ; nor shall we , upon any the like occasion that may offer grudge , to gratify your m●…jesty , whom we wish all hapy●… and prosperity unto . from our court at westminster octob. an. dom. . your majesties most affectionatly oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene prince , john , king of portugall . s. d. most serene king , friend and dearest confederate . thomas evans skipper , and one of the subjects of this l●…d , complains that , haveing served the brasile company annis . and in a small vessell of his , of about forty tuns , and whereof he was himselfe master , the said vessell , with all her freight and apparell , was taken from him , pursuant to a comand of your majestys : so that the damages done the man , besides the loss of six yeares profit , amounts ( according to the report of the commissioner appointed by the league to decide differrences on both sides , ) to above seaven thousand pounds sterling or twice that number of milreis of portugall , which proveing such a great affliction to the a foresaid thomas , so as to be constrain'd to repair to lisbon to recover his right according to tearms of the treaty , humbly prayed us , that we vvoud gra●…t him our letters to your majesty : wee , ( altho we did the last year writ on behalfe of those merchants cause in comon , to whom the brasile company is indebted , yet that we may be wanting to none justly requireing our help ) : pray , that the consideration of our friendship may be an inducement to your majesty to take particular care of this mans case , & so direct your people , that nothing may , in your city , stand in this mans way , which may interrupt his demanding & without delay recovering forthwith what ever the said company or any others ●…an accountable to him in . god incr●…se your majesty in perpetuall felicity , and render our friendship d●…eable . from our court at westminster octob. an. dom. . your m●…jesties most affectionatly oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the illustrious and magnificent citty of hamburgh . noble , magnificent , and worthy gentlemen , dearest friends . james and patrick hay , subjects of this republick made us their heavy complaint , setting forth , that being the lavvsul heires to a third brother called alexander , vvho died intestate , and so declared by a sentence of your court , pronounc'd thirteen yeares ago against his vviddovv , avvarding the petitioners the estate of their said brother , dedueting onely her portion ; coud not hither to , either by by their ovvne solicitation , or the interposition of the late king charles ( vvho vvrit to that effect , ) received he benefit of the said sentence ; that the purse and ●…ntrest of one albert van eisen , a great man among you , ( in whose hands great part of this estate lies ) are made use of to keepe them out of their right , who acts all he can to prevent their recepit thereof . being thus eluded , sham'd oft with delays , and at length reduced to great poverty , and supplicateing that we woud not suffer them to sink under the oppression of a corporation that 's our friend . and looking upon it as a principall branch of our office to deny our assistance to none of our subjects in cases , wherein our help and protection are justly called for and applicable , our request to your corporation shall not exceed what may be easily obtein'd , and that is ; to give the said sentence its due force , without suffering your justice to be further suspended , or the said brethren exposed to any the like future delays whatever ; for we have consulted and accordingly herewith send you under hand & sealed the opinion of our learn'd in the law , awarded here concerning their cause . w●…erein if intreatys cano●… doe , the laws of nations must 〈◊〉 such other methods as we woud willingly avoid the pursuit of , and which we are confident your prudence will invite you to prevent . from our court at westminster , octob , . a. d. . yours most affectionately oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene and potent prince lewis , king of france . s. d. most serene and potent king , friend , and dearest confederate our letters of the . of the may last was twelve month are ( we suppose ) come to your majesty's hands , containing acomplaint made by john dethick , then lord mayor of the cit●…y of london , and william wackfield merchant , who declared that a ship of theirs , called the john , laden with their proper goods , to be transported to ostend , was snatched away from out of the river of thames's mouth , and carryed to dunkirke , by a cer●…ain privateer comissionated thereto , by th●… son of charles stuart : that they ( pursuant to your proclamations and decrees of councill prohibitting the admission into , or s●…le of any ship taken from t●…e parliament of england , in any of your po●…ts ) praying monsr . l'estrade governour of that gitty to comand the restitution of the said s●…ipp and goods ; had an answer ●…o way truly suitable to the worth of a gentleman , nor such as would seem ▪ inclinable to shew obedience enough to his kings comands ; namely that the king of france conferred that governership upon him in consideration of services in the warrs ; moreover , that he would take care to improve it all he coud ( right or wrong for sooth he did not seem to matter which ) as if your majesty had bestowed this governership and office upon him to robb his neighbours vvith and wipe his breech ( as it were ) with edicts proclaimd in their favour . if the king of france will be no more concern'd at injurys done us by our 〈◊〉 , then b●…ly to forbidd his subjects from abetting therein a royall governour has , in his connivance thereat , not onely violated and dispised a royall prohibition , in suffering us to be robbd , and made a prey of before your doores , but he himselfe is the robber and made a prey of us , and owned himsel●…e openly to be author of the fact. t●…e merchants therefore pu●…t off with this answer ; provoaked and eluded , went away with a flea in their eares : our letters of last yeares date carryed your majesty an account of this affair , tho to as little purpose wee must confesse ( for we we have yet seen no answer thereto ) the reason why was , we believe , because that governour attended , about that time , your army in flanders ; he lives now at paris , or rather rants up and downe , citty and country loaded with the spoyles of our people unpunished . this therefore brings your majesty a repetition of our said demands , which concernes your majesties owne intrest principally to provide for , that none dare to heighten the thing by adding the contempt of royall edicts to injuries done his neighbours : this matter canot be properly referr'd , or carried before the deputys or commissioners appointed to the decision of controversys on both sides ; seeing it goes beyond the right of society , royall authority and the reverence due to that name is struck at . it is to be truly admired , if merchants will be more concerned at their sufferings , then your majesty at yours , namely the diminution of your honour . which if you will not suffer , you will at one stroake shew , that it doth not repent you of any friendly office which those most friendly edicts might have intended in favour of us and this republick , nor that you have connived at the sufferings of our people , nor that you would not listen to our demands . i am , in affection , friendship and fellowship , from our court at westminster an. dom. . your majesty's most affectionally oliver , protector of the republick of england , &c oliver , protector of the republ. of england , &c. to the most serene and potent prince frederick the . king of denmark , norway , vandalls and gothes ; duke of slesvice , holsatia , stormaria and dithmarsia , earle of oldenburgh and delmenhort , &c. s. d. most serene king , friend and dearest confederate . this brings you an account of our receipt of your majesties letters of the . of frebuary from hasnia , brought by amost worthy gentleman simon de perkinn your embassadour here ; the peruseall of which , and the very weight of their contents , did so affect us , that we did forthwith resolve upon sending unto your majesty one , furnished with such instructions as should enable him to open unto your majesty at large our sense of this affair . and altho we continue still under the same inclination , yet we cou'd not hitherto fix upon one fit to be intrusted with a matter of that importance , as we hope we may in very little time . wee did in the mean time , judge it inconsistent with conveniency to suspend any longer the letting you know for a truth , how much our thoughts and care are taken up ( and that in an imoderat measure ) for the present state of europe : wee haveing , from severall yeares observation , collected to our great 〈◊〉 , matter enough to inferr from , that the principall protestant princes and corporations ( who out of regard to their comunity in religion and its support , ought to use all meanes tending to its confirmation and defence ) grow dayly more and more animated against each other , and suspect , or put an ill meaning , upon whatever the rest attempt or project ; freightening their friends , while on the contrary they dictat hopes to the enemy of ensuing enmity and dissent in this bent of affaires , rather then a firme union of minds to the mutuall safeguard and defence of each other . and truly this anxiety made the deeper figure in our minds , and continues to gaine daily , from some sparkes of jealousy , which seem to remain unquelled between your majesty and the king of sweedland ; or at last from your being at greater distance in your minds , then our comon love and affection to the orthodox religion seemes to call for ; whilest your majesty entertains ( by what fate i know not ) a jealousy that the trade of your kingdome may receive some prejudice from the king of sweedland ; who is likewise little better satisfied , but that you may aggravat the warr , wherein he is now engaged , and render the termes of peace , which he might otherwise make , more intricat . your majesty canot but , from that great prudence exerted in all your affaires , know , how much it will expose the protestant religion , if such suspition continues long among you , and how much more , if , ( which god forbidd ) any token of hostility shoud breake out . however these things stand , we , as we have earnestly sollicitted both the king of sweedland and states of holland to peace and moderat resolutions , ( and shou'd be extraordinarily gladd to see you reconciled to peace and concord , the states haveing sent us the heads of that league ) so we reckon'd it our part , and very consistent with our friendshipp , not to co●…ceale from your majesty what ever we thought of this matter , especially when we consider the most friendly invitation given us by your majesties letters so to do ; a thing we looke upon to be a singular argument , and embrace it as one , of your good disposition towards us . and lay before your majesty what a charge divine providence has laid upon the professors of protestancy , of maintaining peace among our selves , when our enemyes ( now especially if never before ) seeme so violent against us , as to have conspired , as it were , from all places to our destructiom . it helps not to overhall the blood and massacre , wherein these at piedmont lately swam ; nor those of germany tore to pieces by the edicts and proscriptions of the emperour , nor finally the furious assaults of the popish swittsers upon their protestant neighbour . if to these misfortunes a falling ou●… among protestant brethren be added , as oyle to quench fire ; especially among you , who are so great a part of our strength , and in whom so much o●… the protestant protection and strength is reposed in tickelish times ; reformation must ( as farr as human power can reach , ) go downe and be destroyed . when on the contrary , if you cherish peace among your selvas as neighbours , and the rest of the protestant princes , if brotherly concord be of all hands studyed , we shall have no reason to fear ( with gods help ) what the artifice or force of our enemy can do us. the dissipation of whose designes depending wholly upon our agreement . nor do we truly fear , but that your majesty , will contribute all it can ( and that 's much ) towards that end . wherein i shall ( my selfe ) be very ready to joyne issue with your majesty as a professor of true friendshipp , and one whose study shall be not only in maintaining the peace already so happily establisht , but also go as farr as god shall be pleased to suffer me to go , towards the improveing that now existent . god , in the mean time , bless and prosper all your undertakeings ▪ iam in friendship , alliance and affection . from our court at westminster , decemb. an. dom. . your majesties most affectionately oliver , protector of the republick of england , &c oliver , protector of the republ. of england , &c. to the most serene and illustrious prince and lord , the lord william , earle of hasnia , prince of herefield counte in cattimelibock ▪ decia lingehain , nidda and schaumburgh , &c. most serene prince . wee woud not have respitted the answering your highnesses letters so long , ( of which we are almost ashamed ) did not many other affairs , of utmost importance truly ( which our charge in the administration of this government wou'd not suffer us to deferr the dispatch of , much against our inclination ) prevent it . for what letters ought i to entertaine with more regard , then such as come from a most vertuous prince , and related to a race suitably religious , and which concerne nothing so much , as the repose of religion , and the reconcileing of curches to concord ; and which also , not onely in your , but in the opinion and judgment of the christian world , ought to be generally attributed unto me as an honour to be the promoter of the christian peace ? and truly what we have endeavoured'd towards it , thro these three ( formerly ) kingdomes , what have we accomplished ( thro divine help ) by perswadeing , suffering , and conquest ; is a thing not unknowne to most of our owne people , and that which they are very sensible of in the great tranquility of their conscience . we have studyed the repose of all the churches , thro out germany more especially , where they have been most , and longest at variance ; and have been , for a considerable time past , wanting in nothi●…g that coud contribure thereto . we continue the same inclination still ; we wish the said churches may be united among themselves in brotherly charity . but we are , to our very great griefe , more then sensible , how difficult a taske he undertakes , who takes upon him the reconciliation of such ( as pretend onely ) to be sons of peace ▪ for it is a thing to be scarce hoped ever to see the resormed and augustins brought to one church ; nor preaching nor writeing will be able to reconcile their opinion , nor prohibitted without violence ; but violence is a thing inconsistent with the peace of the church : dissenters may be prevailed upon by prayers , to act more meekly and moderately at least , nor ought they to grow the cowlder among themselves ; differing not as enemys but friends , 〈◊〉 at variance in frivolous matters , yet most united in the main point of faith. we shall never own our selves weary in the repeating and perswadeing of these things ; which the strength nor councell of man can exceed : god ▪ whose peculiar worke it is , will in his time do it . you have in the mean time , most serene prince , left a samous declaration of your inclination to the churches , as ●…n everlasting monument , becoming your family , and a patern fit for the imitation of all princes hereafter . wee do , pursuant to your deserts , pray that the great good god may bless all your other undertakeings with as much felicity as you your selfe can desire , and continue you in your present mind , no alteration being able to mend it ▪ westminster march an. dom. . oliver , protector of the republ. of england , &c. to the most serene prince , the duke of courland . most serene prince , your kind entertainment of our embassadour , during those few dayes , he stayed in your country , in his way to the duke of 〈◊〉 , has , beside other considerations , shewed your highness's opinion of us ; who hope that your owne natural disposition , added to our interposition , may 〈◊〉 your highnesse not toalter those inclinations of your kindnesse towards us now ; ●…n the case of john jameson a scotchman , who having 〈◊〉 you seaven yeares , and that faithfully , as master at sea , deliver'd a ship of yours lately comitted to his charge , in her ballast , to the care of a pilot , upon her arrival ( as the custome is ) in the mouth of the river , and made out by good evidence , that discovering the ignorance of the said pilot , did all he coud to advise him , so that the miscarriage of the said ship can be no way imputed to him , but wholly to the un skill fulnesse or obstinacy of the said pilot. admitting which , it s our earnest request to your excellency , that the said shipwrack be not laid to the said john the master's charge , nor the wages remaining due to him stopt therefore , upon that score ; which is what he has left to subsist , comfort himselfe with , or take to in the end , having , by a precedent shipwrack , lost what he had a little before . westminster , march , anno . oliver , protector of the repbul . of england , &c. to the noble consuls and senators of the commonwealth of switzerland . s. p. d. most noble , magnificent gentlemen , we have been alwayes of opinion , that in industry , riches , and practise of arts and sciences , the fame of your citty might vie and stand in competition with any the noblest citty ▪ s whatever : now having chosen to take part with poland , rather then sweedland , in that warr , which has for ▪ a considerable time raged upon the frontiers of your country , it were truly to be wished , that the consideration of that religion which you professe , and of the antient comerce between you and the english , had inclined you to the choice of such resolutions , as shoud seeme to consist with the glory of god , and the dignity and splendor of your corporation . we therefore pray that the alliance established by the length of custome and now extant between the english nation and you , & my name , ( if it may add any thing , ) may induce you to set at liberty the noble and famous conismarek , the chiefest among the sweedish captains , a singular person in warlike discipline more especially , and who has been casually , and thro the treachery of his people , betrayed at sea and by the law of warr ( not yet gott to the height of bitternesse ) made prisonner : but if you shou'd chance to judge it inconsistent with the present posture of your affairs to free him that then you wou'd please to render his confinement more easy . whatever of these two you happen to resolve upon , you will resolve upon that which will be truly and principally consistent with the reputation of your corporation ; and consequently beget the esteem of all noble comanders & oblige us more especially in an extraordinary manner what ever you thinke it may avail you . from our court at westminster , anno dom. . your most affectionatly oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene and potent prince and lord , the emperour , and great duke of all russia , lord of voladomar , muschow , novogrady , king of kazin , and astracan , syboria , lord of vobsco , great duke of novcgrod , and of the law countreys , chernigoy , rezanscoa , &c. lord of all the north seas , also lord of everscoa , cartaluisa , and many other places . s. p. d. the antiquity of the alliance , great and generally noted trafficq , together with the vast and antient comerce for along time observed betvveen this government and your people , but ( great emperour ) that 〈◊〉 vertue more especially , wherein you outdo your ancestors very much , with the opinion entertained thereof by all your neighbouring princes ; have been our principall inducement , to cherish that affection for your majesty , which vve do , and communicate thereto , what vve may judge not a little conduceing to the intrest of christian affaires , and suitably subservient to the glory of your name . previous whereto ; wee have deputed , under the character of our embassadour to your majeay , a very vvorthy gentlemen mr richard bradshaw , in whose fidelity , integrity , prudence , and experience , we have been sufficiently satisfied by his discharge of former embassys , and who comes fully capacitated , to make kowne the singular affection and observance we bear you ; and suitably impower'd to treat with your majesty concerning the affaires above mentioned be plased therefore to receive him curteously in our name , and order him , as he shall have occasion for it , 〈◊〉 access to your speech and ear , with proportionable credit to what he shall propose or transact and that in as full a 〈◊〉 as you woud unto us if personally present . wee wish that the almighty and great god may bless your majesty and kingdome of russia with all properity . from our court at westminster april an. dom. . your majesties most affectionatly oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene and potent prince charles gustavus ▪ king of sweedland , gothe aud uandals , great prince of finland , duke of esthon , carelia , bremen , verd , stetin , pomerania , cassuby and vandall , &c. most serene and potent king , friend and dearest confederate william jepson kinght , and a member 〈◊〉 our parliament , vvho reckons it an honour to have the delivery hereof to your majesty , comes to let your majesty knovv , vvith vvhat trouble and griefe of mind 〈◊〉 vve surprised at our receipt of the 〈◊〉 of that fatall warr arisen between your majesty and the king of sweedland , and how much its become our study and care to advance as 〈◊〉 as god will enable us to go , towards the 〈◊〉 stopping of this growing mischiefe , and 〈◊〉 to beat back those calamitys which this warr must necessarily beget to the generall concerns of religion ; now more especially , at a time when our adversarys are visibly seen united in their most pernicious counsells , and consequently in their strength against us . these and many other considerations and reasons , of utmost moment to the publick advantage of both nations , have been our inducements to dispatch this very worthy gentleman under the character of our envoy extraordinary to your majesty , whom we pray you to 〈◊〉 kindly , and throly confide in , in referrence to such things as he shall comunicate in our name to your majesty ; as being a person whose fidelity & prudence we confide very much in ; praying withal that you woud not in the least suspect our singular affection and sincerity we bear your majesty . which our disposition of mind , and redynes to serve you upon all occasions , shall contain real demonstrations of . from our court at westminster , . your majestie 's most affectionatly oliver , protector of england , &c. to this excellency the lord of bourdeaux , embassadour extraordinary from his most 〈◊〉 majesty the king of france , most excellent sr. samuel dawson , john campsey , and john nevin merchants of london , have preferred a petition to the most serene lord protector , setting forth , that they , upon their being informed of the conclusion of the treaty between this republick and france , freighted anno . a ship ( called by a name not answered by her luck ; viz. the speedwel , whereof john karr war master ) with 〈◊〉 comodities , to be thence transported to portugall ; where haveing unloaded , and taken in fresh freight consisting in wines , and other comodities , was , in her way back , set upon about the . of november in the said year , and seized by two men of warr belonging to brest , whose comanders were called , the one adrian vindmain swart , and the other james jonshon , who carried her to a place comonly called brivat ; where shee was condemn'd as lawfull prize , and exposed to publick sale , the goods taken from 'em being bona fide and really worth eleaven hundred pounds , besides the further damage of a thousand pound : that they pursued all lawfull meanes with the governour and magistrates of that place to recover'em : that all amounted to nothing hitherto : that they 〈◊〉 , pursuant to the customes of the admiralty court , sued out a publication , whereby they were to be sumond and cited to justice , who were concern'd in the capture of the said shipp , who 〈◊〉 to insist upon the legalty of their seizure . that this publication was duely & orderly published & delivered , & 〈◊〉 the publick ministers of the saide court , timelily 〈◊〉 to the french embassadour ; that when none appeared on the contrary side , it was desired that witnesses might be 〈◊〉 and examin'd concerning the matter under 〈◊〉 . which , as it was presented to the lord protector by the petitioners , and by him referred to the cognisance and opinion of the councill ; and whereas the affidavits of witnesses annexed to the petition make plain enough , that the petitioners were at liberty to trade with portugall ; and seeing none can be so blind but may see , that the after-seisure of goods bought and loaded there , is ( as we said before ) an act contrary to the reputation of the alliance : who canot but judge it a very 〈◊〉 demand to have the said shipp and goods restord , or full satisfaction made of the damage 〈◊〉 from this 〈◊〉 , in referrence as well to the expence 〈◊〉 in the prosecution at law , as the goods and shipp themselves ? let me therefore desire you in the name of the most serene protector , added to my own request to your excellency , that you woud endeavour all you can , ( and therein to employ the authority of your employment too ) towards the speedy effecting of either of the two . in regard you canot labour in a cause more equitable , nor that you can please me more in ; who , by how much the earlyer your excellency shall appear to have acquitted your 〈◊〉 in what you ought to do herein ; by so much the more that diligence shall appear , which i am always inclinable to observe in the allowance of the demands made upon me by my people . whitehall august an. dom. . oliver , protector of the republ. of england , &c. to the most serene prince , the lord frederick williams , duke of brandenburgh , high chamberlain of the holy roman empire , and prince elector of magdeburgh , prussia , julia , clivia ▪ the mountains of stetin , pomerania , cassubyes , and vandalls ; as also in silesia , crosna and carnovia , duke burgrave , norinbergin , prince of halberstad and mind , earle of marca and ravensbergh , lord in ravestein , s. p. d. most serene prince , friend , and dearest confederate . whereas you 〈◊〉 singular vertue in peace & warr , haveing sounded all over the world with that renowne ( such is your greatnes and 〈◊〉 of courage that the ambition of your friendship is gaped at by the neighbouring princes about you , ) so as that none need to desire a friend and neighbour of more fidelity or constancy . wee have also ( to let you know of our being one of thsoe , who entertaine high and clear thoughts of you , and your exttaordinary obligations upon the christian republick ) 〈◊〉 you a very worthy gentleman william jepson knight , and one of our parliament men , who comes to salute 〈◊〉 in our name , bespeake and wish your affaires all happynesse , and finally to make knowne at large the love and great affection . vve bear your highnesse : praying that vvhatever proposalls he makes you , you listen thereto vvith as much attention and confidence , as you vvoud to our selves if personally present at the delivery thereof . from our court at westminster august dom. . oliver , protector of the republ. of england , &c. to the most noble magistrates and senators of the city of hambrough . s. p. d. most noble , magnificent and worthy gentleman , dearest friends ▪ haveing directed a very worthy gentleman william jepson knt , and member of our parliament ( upon his going thrô 〈◊〉 citty , in his way to the most serene king of sweedland , whether we sent him on an embassy ) not to pass by , without saluteing you in our name ; and praying that if in ought he judged your authority and advice to be of any service to him , you woud deny him in neither : the freelyer you shew you selves wherein , the more sensible shall you be made of our disposition towards you . from 〈◊〉 court at 〈◊〉 august an. 〈◊〉 . . to the most noble magistrates of the citty of bremen . s. p. d. most noble , magnisicent and worthy gentlemen , dearest friends . you have heretofore , and shall as often as there is occasion for it , be made sensible , how you stood in our opinion , and affection , and that as well out of regard to your religion as the renowne of your citty . now ; whereas william jeps●…n kut , a member of our parliament , and a very worthy person , may in his way to the most serene king of sweedland ( whether he goes on an embassy ) pass thro ●…our citty , our present request to you amounts to no more then this , that upon his delivery of our salutes , which he is directed to hand to you , if in any thing he happens to need your help or ●…iendshipp , we have ordered him to propose our ●…ntrest with you as an inducement to your complying with him in any demand he shall make upon you wherein we no lesse rely upon your allowance of , then you ought to doe upon our love and singular affection towards you . from our court at westminster august an. dom. ●… . oliver , protector of the republ. of england , &c. to the most noble corporation of lubeck . most noble , magnificent , and worthy gentleman , dearest friends . william jepson knt , a very worthy person , and a member of our senat , proceeds under the character of our publick minister , to the most serene king of sweedland's court , held not farr distant from yours . do therefore pray that while his journey happens to continue within the limits either of your citty or jurisdiction , our alliance and comerce may be inducements to you to aid , if need be , and protect him . we moreover directed him to salute you in our name very kindly . and invite you to an assurance of our clear disposition of mind and 〈◊〉 towards you . from our court at westminster , august an. dom. . oliver , protector of the republ. of england , &c. to the most noble magistrates and senators of the citty of hambrugh . s. p. d. most noble , magnificent , and worthy gentlemen , dearest friends . phillip meddow , who brings you this , takes your citty in his way to denmarke , ( whether wee have sent him as our embassadour to the most serene king of that c●…ntry . ) whom we earnestly recomend to your favour , if in any thin●… he may judge it needfull to make use of your authority or help . praying that our recomendation be of no less weight now , than it was always wont to draw with you ; who shall 〈◊〉 of nothing from us of an acknowledgment upon a like occasion . from our court at westminster august an. dom. . oliver , protector of the republ. of england , &c. to the most serene prince frederick heir of norway , duke of slesvice , holsatia , flormaria , ditmarsia , count in oldenburgh and delmenhorst . wee have sent william jepson to the most serene king of denmarke , ( being a gentleman of a noble family , & member of our parliament , ) to treat with him as our embassader , about an affair that concernes the felicity and prosperity of the peace of christendome . and have , among other things , directed him to visit and salute ( in his way shither ) your in our name , and make mention of our former kindness and most constant affection . and desire that your authority may be employed to secure and 〈◊〉 his journey thrô your country . in which your highness will oblige us and ours in a more speciall manner to suitable returnes . from our court at whitehall august an. dom. . oliver , protector of the republ. of england , &c. to the most serene prince ferdinando , great duke of toskany . most serene great duke , dearest friend . application has been made unto us by petition , in the names of severall merchants tradeing to the levant seas , setting forth , that one william ellis master of a certain shipp called the little l●…wis being by an otoman peere hired in the 〈◊〉 of alexandria , to carry rice , suggars with other comodities thence●… constantinople or smirna , there to be disposed of to his directions ; the said person withdrew from the 〈◊〉 fleet , and , contrary to his trust , 〈◊〉 the said 〈◊〉 to livorne : where he disposes of it as prized goods . which misbehaviour as it is of utmost 〈◊〉 example , of great infamy to the name of christians , and a passage that may expose the fortunes of such english merchants as live in the ottoman empire , to reprizall . wee desire that your highnese woud issue your comands for the apprehension and laying up of the said perfon , secureing ( in the mean time ) the said shipp and goods , till intimation be transm●…tted hence to the said ottoman prince of the care taken of the re●…titution of his said goods . promiseing that if your excellency shall happen to need the like from us , in any instance of this kind , we shall be as ready to answer it , as we are now to aske . from our court at westminster , an dom. . your highness's most affectionatly , oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene prince and lord , the lord frederick william , duke of brandeburgh , &c. most serene prince , friend , and dearest conf●…derate , our last to your highnesse by william jepson , who either already has , or soone may deliver'em , will shew you what errand we have sent him upon ; and how that we could not have done the same without doing you the justice of inserting som mentions of your vertues , and the affection we bear you . but to prevent any mans thinking , that our notice of these great obligations of yours conferr'd upon the protestant interest , and celebrated as such in the report of all men , is the slight effect of ordinary custome ; we must ●…ay hold upon the same argument now , where , tho we cannot be more sincere , yet a little more large we have thought fit to be then we have been , in our expressions towards your serenity . and not without cause truly , considering that we are dayly told , that notvvithstanding all the attempts , that are made upon you by the supple address of trick and artifices , yet your constancy and loyalty is found to give no way , nor be perswaded to part from the friendship of a most couragious king and confeder●…t ; and that at a time , when the condition of sweedland is such , as that it is manifest , that your regard to the welfare of the protestant religion in general , is the onely inducement that keepes you to their society , and no privat end of your owne : as also when hem'd in , and , as it were , besieged by private as well as publick enemy , peeping from every corner : to continue neverthelesse that steddynesse and comanding-vertue , as that the judgment of the whole matter & the issue of this very great warr seeme to acquiesce in whatever your shall determine . wherefore your highnesse has no re●…son to question , but promise it sel●…e any thing that may be expected from our friendshipp ; who woud arraign our selfe of all delinquency , if we did seeme to entertaine cheaper thoug 〈◊〉 of your fidelity , constancy , and other merits , or seeme less in our acknowledgments to your particular government upon the comon account o●… religion . as to the delay met with by john frederick 〈◊〉 your councellour and embassadour here , and our respitting hitherto that reply which , according to our inclinations , we ought to have made to his proposalls , we pray that our highnesse woud impute the same to the condition 〈◊〉 our affaires , and not the said person , whose industry and diligence act and contend for it ; and rest assured , that we looke upon nothing more dear or desireable , then to be serviceable and assisting to your affaires so inseperable from the intrest of the protestant religion . wee , in the mean time , pray in our prayers to to the most great and omnipotent god , that your apparent vertue and courage may never saile , fall under oppression , or misse of its due reward and praise . from onr court at westminster september an. dom. . your highnes's most affectionately oliver , protector of england , &c. to the most excellent lord , monsieur de bourdeux , embassadour extraordinary from his most serene majesty the king of france . most excellent sir , the most serene lord protector has had a demand , made upon him by luke lucius ' merchant of london , concerning a ship of his , called the maria , which , in her way between ireland and bajone , ( being by distress of weather forced into a place called the bay of divi johannis de luce , ) was there retain'd and arrested in the name of one martine de lawson ; nor to be discharged , till satisfied by his merchant correspondents , and the propriety of the said ship and goods decided by a law-suit to be comenced between them and the said martin . the said martin pretending to a considerable debt due from the parliament of england upon the account of some goods of his , which were laid hold o●… , pursuant to the authority of parliament anno . but whereas it is manifest that the said martin had nothing to doe with the propriety of the said goods , but sollicited the right of two persons richald and triat , against one anthony fernand , and the said anthony and martine at variance among themselves , the parliament directed that the said merchandises should be laid up , till the law did determine who of the two had most right to 'em ; the said anthony , being always ready to goe to law ; whereas ; nor martin , nor any for ●…im has hitherto appeared in court , as may appear throly in the former proceedings annexed to the humble address of the petitioner ; it is a point of very great injustice t●…at the person who denyes to try his pretended title with anthony his collegue , concerning other mens goods here , shoud be able to force our people and the true owners too , to the trouble of proveing their right to their owne goods there : the most serene lord protector is of opinion , that to be of the same judgment i●… a thing consistent with your equity and prudence too , by whom i have it in comand to recomend this case of luke lucius the petitioner to your excellency in an extraordinar namer : that martin , who neglects to prosecute the right of another here , be not sufferrd in that restraint to lay hold upon other mens goods ●…here . westminster october an. dom. . your excellencys most affectionatly oliver , protector of the republ. of england , &c. to the most serene duke and state of venice . most serene duke , and senat , dearest friends , wee have such frequent tideings da●…ly brought us of your happy successe against the infidels , that nothing happens to be oftener the subject of our pen , then to congratulate with you concerning some signall victory or other . wee wish , that this very last one may prove comfortable and of advantage to your republicke , & which is of utmost glory , a deliverer of all the christians laboureing under the slavery of the turke ; more particularly of thomas galile , formerly master of a shipp called the reliefe , whom albeit this is not the first time of our recomending to your government , yet we do it with so much the more freedome now , by how much we consider the length of his captivity , being now the fifth year : when you comanded him and shipp into the service of your rebublick , he did , in an engagement with many gally's belonging to the enemy , depresse some , and comitted a great massacre among others ; he was at length ( the good man ) taken , his ship burnt , after the good service he did the venetians , and lives now in the fifth year of his captivity under the slavery of barbary : he has nothing left to pay his ransom ; for whatever there was either in goods , shipp , or sallary , he says it remains yet due from your government . but , that meanes may not be wanting for his redemption ; ( ●…et the enemy say they i part with him upon no other termes , then in exchange of one of theirs of an equivalent price . ) we earnestly desire your's , and the serenity of the senat , jointly , ( as doth the most miserable antient man his father , pregnant with griefe aud yeares , which have truly engaged us in his behalfe ) that you wound , as soone as may be , out of the multitude of turkish prisoners , which so many prosperous battells must have furnished you with , pick out some person which they may accept of , in exchange of one , who has fought so well for you , and is the onely son of the most afflicted old man as well as our subject . and thereupon see that , whatever appeares due unto him from your government upon the account of wages or otherwise , be forth with paid unto either his father , or atturney . our former interposition , or rather your owne justice has induced you , upon a former inspection made into this matter , and examination of accounts , to order the imediat 〈◊〉 of what was his due : but no payment has pursued that direction , the intervention of other urgent considerations haveing possibly prevented it . now the poor man's health can bear with no further delay . you must , if you desire he may live , endeavour to discharge him forthwith out of the filthy sestraint of imprisonment . we are confident that your own most naturall inclination will ( without any importunity of ours ) prompt you to his speedy enlargement : considering that , in justice , moderation , and prudence , you are no less considerable and flourishiug , then in glory and warlike tryumphs . and that you may long continue therein in prejudice of your most iminent enemy , is the content of our supplications to the omnipotent greatest god. from our court at westminster october an. dom. . your highnsse's most affectionally oliver , protector of the republick of england , &c. oliver , protector of the republ. of england , &c. to the high and mighty states of holland . s. p. d. high and mighty states , friends , and dearest consederates , willam newport , that very worthy person , who for some yeares past , attended here as your embassadour extraordinary , brings you this upon his returne home : but goes with your permission onely , leaveing us , in the mean time , under hopes of his returne hither quickly again . his conversation , while here , has been accompanyed wi●…h so much faithfulnes , vigilance , prudence and justice , as that we woud not , nor can expectmore vertue & integrity ( in all respects ) from an embassadour , and a very good man , so addicted was he to the study and practice of manteining a fair understanding , ( void of all deceit and fraude ) between us , as that dureing his continuance among us under that character , we cou'd not see any thing of offence or jealousy that cou'd arise or spring up among us : and truly we wou'd have been much more troubled at his departure ( as things seem now to stand ) were we not very assur'd , that none being better , or that with more faithfulness can represent the general state of our affaires , or the sincerity of the love and affection , we bear your excellency , will force his returne hither a gain . wherefore wee pray that you wou'd please to receive him both as a person , who in all circumstances , has done both our governments extraordinary good service : and dismissed him , ( tho as ) such almost against our will , accompanyed with the most genuin ' testimony of our thought of him . god prosper your affaires , in subserviency to his owne glory , the defence of the true protestant religion , and perseverance of friendshipp . from our court at westminster , nomember , anno dom. . your highnesses most affectionatly , oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the high and mighty lords , the states generall of the united provinces . high and mighty lords ; friends , and dearest confederates , wee have ( in consideration of the long and clear experience had of his fidelity in several affaires , uprightness , and knowledge ) sent you george downing , gentleman , under the character of our envoy , and furnished him with ample directions accordingly . we therefore pray that you wou'd , according to your wont , receive him kindly , and give credit to what he shall say ; as often as he shall signify his haveing ougt to be ( in our name ) comunicated to your excellency ; and likewise comit to him with as little distrust , as if it were to ourselves , whatever you wou'd have imparted unto us . what we have to add , is fervently to wish you all prosperity , in subserviency to t●… glory of god , and the keeping up of the church . from our court at westminster , december . yours highnesse's most affectionatly oliver , protector of england , &c. to the states of holland . wher●…as such is the correspondence between this republick and yours , and such is the mutuall trasficq , that unless an envoy or agent be sent hither thence , or hence thither , matters of that great importance to t●…e advantage of both nations , canot be so conveniently carryed on . we have , in pursuance of comon custome , determin'd upon the sending you under that character , george downing gentleman , a person whom , in the discharge of many and various former trusts , we found of great faithfullnesse integrity and knowledge ; to continue there in our name , and spend his time in such offices , as may seem most conduceing to the inviolable preservation and continuance of our alliance . haveing comunicated these things in writeing to the high and mighty states , we have thought it requisit to do the like to you also , ( who in your province bear so great a part of the government , and are so considerable a limb of the states of holland ) to the end you might receive our envoy with all convenient decency . and assure yourselves that what ever he treates with the states generall about , or conclude we shall stand thereto as imoveable and steddy , as if we our selves were personally present there at . god direct all your councils and actions to his owne glory , and the repose of the church . westminster , &c. deeember , . oliver , protector of the republ. of england , &c. to the most serene prince ferdinando , great duke of toskany . most serene great duke , much to be honoured friend . your highness ▪ s letter of the . of november from florence , has added considerably to our delight , in that the contents thereof shew much of your affection towards us , and that in a nature so extraordinary , as to 〈◊〉 the true image o●… a sincere mind : your excellency writes of it●… haveing , with all imaginable care ( we understand ) performed our request , which sollicited , that you woud ●…ssue forth your comands for the appre●…ending of wiliam ellis master of the ship called the little lewis ( who very dirtily broake his word to the turcks ) and stopping in port the said shipp and goods , till the turcks had restitution made them , to prev●…nt any disgrace that might ari●…e from such theft to the reputation of christianity . wee therefore both thanke you for this kindnesse , and withall desire this ; that in regard thè merchants undertooke to satisfy the turkes , you forthwith discharge the said master , shipp , and goods ; least we shoud seem to take more care of the concernes of infidels , then those of our owne people . your highness es affection has been ( in the mean time ) so apparent , so 〈◊〉 , and so acceptable unto us , that to deferr our wishes of being supplyed with an occasion of makeing you suitable returnes , were to own the stain of being reputed ungratefull persons ▪ and whereby we might also demonstrate our dispofition of mind in the ready returne of our effectuall acknowledgments . from our court at westminster december an. dom. . your highness's most affectionately oliver , protector of the republick of england , &c. oliver , protector of the republ. of england , &c. to the most serene and potent prince , charles gustavus king of sweedland , &c. most serene , &c. your majesties letter of the . of february from your court at selandia , came pregnant with matter enough to fill us with satis●…action of no small degree , in reference as well to our own private , as the concerne of the intire welfare of christendome : first that the king of denmarck , ( to gratify i believe no private inclination or end of his owne , but driven into hostility , rather by the artifice of the comon enemy ) shoud be , upon your entry into the bowles of his countr●… , suddainly so reduced , and that without much blood , ( that as the case stood ) he judged his takeing up of armes against you , might be ameanes of his atteining at length to a more advantagious peace : next concluding that the onely means of accomplishing such a peace , was to make use of our interposition if he coud obteine it ; that your majesty , prevailed upon at the single ●…nstance of our envoy in his letter , shoud , in so easy a condescention , shew what value it had for the interposition of our friendshipp and intrest : and to have been pleased to lodge my endeavour in the front of so pious aworke ; so as to become the main instrument and author my sel●…e of a peace so promiseing as this ( i hope ) may be to the protestant intrest . for whereas the enemys of religion dispaired of disuniteing yours , by any other meanes then that of setting you by the eares among your selves , they must now certainly have reason to apprehend ▪ that this suddain conjunction of your forces , and of your minds ( we hope ) may turne to the destruction of the kindlers of this warr ; go on in the mean time , ( most valiant king ) in prosperity , and see that the enemys of the church smart now ( thro gods help ) under the weight of that felicity , which they lately admired in your exploits and stream of victories , against a king now your friend . oliver , protector of the republ. of england , &c. to the most serene prince ferdinando , great duke of toskany . most serene prince . our answer to your envoy here , may , we suppose , prove of satisfaction to your highnes , concerning the comander in chiefe of our fleet lately arrived in your roade . wee have been in the mean time ) petitioned unto by john hosier a londoner , and master of a certain vessell called the mistriss , wherein he says , that , haveing in the month of aprill comited by charter party his shipp to one joseph harman an italian . and finding that the said italian apparently broake the termes of the said charter party , was forc't , ( to prevent the losse of ship , goods and adventure , to call him to justice at livorn●… , haveing previous thereto published , ( according to the custome of merchants in like cases ) and recorded the cheat. but that he , to back one fraud by another , seized ( by a feign'd attach'ment ) upon six thousand pieces of eight of one mr thomas c●…atterbuck money in the name of the petitioner , having ( to promote the design ) drawen in , two other litigious fellowes : that he , after the expence of much money and time , 〈◊〉 not attain to justice at livorne ; nor indeed dared to appear at that court , for 〈◊〉 of the threatenings and snares ●…aid for him by his adversaryes . wee therefore pray your highness to be pleased to lend your help to this petitioner thus oppressed , and , according to your wonted custome , checque the artifice of his adver●…aries : for it totally defeates the d●…signe of such lawes as the authority of princes confines corporations unto , if what violence and injury , for want of the force of a law , canot doe , terror and threatenings must supply the place of , to keepe the lawes from being appealed unto . yet we do not doubt but that your highnesse whom the almighty and most high god blesse with peace & prosperity , will order timely reproof to be awarded these methods of presumption . dated at westminster . april , anno dom. . to the most serene and potent prince levis , king of france . most serene and potent king , friend , and a●…gust confederate , your majesty may call to mind , that when we treated about renew●…ning of the league , ( the fortunately laid fundation of which has proved the spring , whence arose so many advantages to both parties concern ▪ d , as well as expose the comon enemy to 〈◊〉 〈◊〉 ) that miserable massacre befell at piedmont ; whose cause ( 〈◊〉 and afflicted on all hands ) we did , with great 〈◊〉 and 〈◊〉 of mind , recomend to your pity and reliefe . nor do we thinke that your majesty has , as far as concernes your own particular , been wanting to a worke of that piety ; yea so human , as not to have employed the extent of what you ought to have of favour or intrest , with the duke of savoy . our interposition by embassyes , letters , and prayers has , in imitation of other many princes and corporations , not been wanting . after the execution of a most bloody massacre upon both sexes of all ages , a peace is at length given , or rather a secret kind of hostility , wrapt up and laid under the vizard of a seeming peace : the conditions of this peace are brought to your towne of 〈◊〉 , yea those hard ones , but such , as those wretched and needy people ( tired out with all imaginable hardship and cruelty ) wou'd gladly have condescended unto , as hard and unjust as they were , provided they were stood unto ; 〈◊〉 the faith of every single one of 'em is eluded and violated , under false constructions & quibleing equivocations ; many being thrown out of their 〈◊〉 habitations ; prohibited the exercise of the religion of their forefathers ; new taxes exacted ; new yokes clapt to their necks ; to that degree , that such as happen to fall in the way of the soldiers , ( who often ●…ally out upon 'em ) are either robb'd or murther'd . to which , add the new levyes lately and secretly raised against 'em ; and such of 'em as are roman catholicques comanded to stepp out of the way within a certain time limitted ; so that all things seem now a fresh to threaten the ruine and destruction of those few , which the last massacre left undispacht . which i beseech and pray , tha●… by that right hand of yours ( most christian king ) which has confirmed the league and alliance with us , by the most holy reputation of that most christian title , you will not suffer to be carryed on , nor give countenanceto ( i do not mean any prince for no prince , much lesse one of his tender yeares and motherly spirit , can entertain so much ▪ tyrany , but those most sanctified murtherers ) to the promotions of so much li●…entious tyrany ; the persons concern'd , 〈◊〉 they pretend to act as servants and pursuers of the 〈◊〉 〈◊〉 our saviour christ , who came into the mansion of flesh to becom a sacrifice for the sins of mankind ▪ ) a buseing his most meeke name and lawes in the cruel murther of the 〈◊〉 . releive , ( you that can , and who , in such a case , are worthy of the power ) so many humble petitioners of yours out of the 〈◊〉 of men - bu●…chers , who lately drunk with blood , woud 〈◊〉 〈◊〉 thirst with the same liquor ; and who judge it very aduiseable to charge the effect of their cruelty , to the account of princes . but do not you 〈◊〉 your titles , or the hem's of your kingdome ▪ nor the most 〈◊〉 gospell of christ to be ( while you reigne ▪ ) 〈◊〉 with that envy or cruelty . remember , that these very people , in the time of your 〈◊〉 king he●…ry , a great friend of the protesta●…ts , 〈◊〉 a submissive people ; and promoters of the entrance of digvierius , when he , thro the most accessible places o●… italy , victoriously invaded the yeeldieg people of savoy , over the alpes ▪ the instrument containing that submission remains yet extant among the record●… of your kingdome ; wherein it is , among other things , excepted and provided for , that the protestants about the 〈◊〉 shou'd not ●…e yeelded to any , except it were under the tea●…mes which your most invincible father received em upon , into his allegeance . this they now lay claime to ▪ they humbly require a grandfather from you his nephew : they woud wish that , if by any exchange it might be done , they might be come yours , rather then remain his , whose subject●… they now are . which if it canot be ; you may lawfully become a harbour ( at least ) comfort , & refuge unto ' em . there are some intreagues of state , which may render it adviseable for you , not to reject the revolt of the protestants of piedmont to you ; but i woud not , considering the greatness of such a king as you are , propose any other inducement to invite you to the defense of the calamitous , different from the engagements of your predecesser's piety , royall benignity , & greatnesse of spirit : so that the praise and glory of a most noble deed will be uncomunicably and intirely your ovvn , and you your selfe find , that the father of mercy , and his son christ , king , whose name and doctrine you will thereby vindicate from all wicked cruelty , will so much the more favour and prosper the remaining part of all your life time . the omnipotent most great god inspire your majesty with this inclination , for the service of his owne glory , the salvation of so many most inocent christians now at stake , and your own reputation . dated at westminster may . to the evangelicall cantons of switzerland . wee have judge it an unnecessary worke , to write you about matters , which ( you your selves knowing better byfarr then we ) we abhor in our soules to remember ▪ & that out of detestation to the barbarity of the things themselves , imposed upon your most afflicted neighbours the protestants of savoy ▪ and the intollerable persecutions which their own prince has exposed 'em to , upon the account of their religion . wee have also seen a copy of the letter , which your embassadours , sollicitours and other persons present at the late peace at pinaroll , writ to the duke of savoy ; and the praesident of his — councill , wherein they shew , & evince , that all the conditions of peace ( broke , as soon as made ) tended ratherto amus & impose upon the poore people , then provide in any sense for their security . the violation of which , following upon the veryheeles of the grant of the peace , is to this day continued , & their su●…ferings likely to grow worse . if they do not submit patiently , if they do not prostrate & cast themselves downright , to be kicked , & have the dirt strained thrô their bodies , & forsake their religion the same calamity still hang's over their heads , the same massacre , which has raced & afflicted them , their wives & children most lamentably , but three yeares a goe , is still in view & which if they undergo again , will destroy 'em stock and branch . what will you have the wretches doe ? on whose behalfe no prayers can prevaile , no ease can be had , no refuge yet open for ; they have to do with wild beasts and furyes , whom the memory of former slaughters canot call to the grace of repentance , nor pitty towards their countrymen , quench their thirst of shedding inocent blood . these things are not , in plain termes , to be boarn vvith , if we either bear any love to the safety of our brethren , so an●…ient adherers to the orthodox religion , or if we tender the safety of religion it selfe . wee have , albeit at this great distance , already done it , & shall not forbear our cordiall supplying , of what we can , either of help or subsistence towards their reliefe . you that are , not onely within call of the groanes & clamours of your brethren , but also stand in the mouth of their enemyes fury , looke about you , in the name of the imortal god , and see timelily what you ought to do on your part , advise with your owne prudence , piety and courage , and consider what you can , or ought to contribut of help or protection towards the support of your perishing neighbours and brethren . you may certainly assure your selves that the very same enemy woud , for the very same reason , ( being religion ) rejoyce at your destruction too ; yea consume your confederates in the flames of an 〈◊〉 warr the very same time of the a●…oresaid year . the power , next to god , seemes to remain in your hand , of preventing the ultimat decay of the reformed religion , in the ashes of that remaining scantleing of antient fidelity ▪ vvhom if you novv neglect in the height of their distresse , take care that the next turne prove not your ovvne , & that in little time . while vve are employing our selves in the promoteing of these persvvasions , as brethren and plaine dealers , they languish : what vve can do at this great distance tovvards the purchase of the safety of the afflicted , as vvell as easeing the vvant of the needy ; vve have , and shall do all vve can . god provide us both that tranquility and peace at home , and put our affaires in such a conditiou of settlement , as that vve may employ all our povver and strength and affection for the d●…fence of his church against the fury and rage of the enemy . dated at westminster may an. dom. . to his eminency cardinall mazarine greeting . most eminent sir. the inclosed to his royall majesty , as well as the other to your eminency , are the effects of the intollerable calamityes and most cruel massacre lately exercised by the duke of savoy upon such of his subjects , as professe the protestant religion , and albeit i canot judge so uncharitably , as not to believe , that to a most glorious king such barbarous proceedings , of destroying the inocency and helpesnesse of people , must imply much displeasure and offence , yet i am of opinion that what i move about , on behalfe of their condition ( which is miserable ) may not misse of your furtherance & favour towards the procureing of its end ; ●…t being a very plain thing that nothing can goe further towards the establishing a good opinion of france in the harts of her protestant neighbours abroad , then to assert , the grant of the liberty and priviledges settled upon 'em by the publick acts of former times . and truly this was ( among other considerations ) a maine one , to induce this republicke to engage in an alliance and league with france ▪ previous to the establishment of which his majesties embassadour has sollicitted here for a considerable time , and things seem now to draw towards a conclusion . the singular sincerity & moderation , which in the conduct of the considerable concernes of the kingdome , you have testified to the protestants of france , doth truly induce me to hope for , and rely upon this ; and from which , a bottome will be also laid by your excellency ●…or the raiseing an alliance upon of stricter friendshipp between england and france , and oblige me in particular to the makeing all imaginable returnes of friendshipp and kindnes : and woud have your excellency think soe . your eminency's most affectionately oliver , protector of the republ. of england , &c. to the most serene and potent prince , lewis king of france . most serene and potent king , friend , and august confederat . albeit the affability of his society coud scarce suffer me to give way to the departure of thomas vicount falkonbridge my son in law , who , bent upon a present visit into france , desired to beenabled to testify the duty and reuerence he beares your majesty , by haveing a view of , and kissing your royall hand ; yet i did not thinke fit to baulke or withstand his said purpose , or decline his request : when i canot doubt but that upon his returne after little time from the court of so great a king , where the conversation of so many very prudent and valiant men is to be had , he may come back better instructed , and as it were , perfected in all manner of good accomplishments , and albeit he is , if i mistake not , one who carries his owne recomendation wherever he goes , yet if he finds himselfe the more so , upon my account , i shall reckon the favour done my selfe . god preserve your majestys safety , and long continue our friendshipp steddy for the comon good of all europe . dated at our court at westminster may an. dom. . oliver , protector of the republ. of england , &c. to his eminency cardinall mazarine . most eminent lord. haveing recomended thomas vicount falconbridge my son in law ▪ now bound for france , to the most serene king , i coud not decline ●…omunicateing the knowledge thereof , with a repetition of the like trouble to your excellency , as being unignorant of the weight and moment the same may be of to the former one . the benefit which he proposes to himselfe from his stay among you ( and he hopes this may be no small one ) he canot but own the most part of to your favour and kindnesse ; whose judgment and vigilance alone beare so great a share in the goverment of that kingdome . what ever kindness your eminency will please to shew him , reckon it to my account ; who shall add it to the ma●… other instanc●…s of friendshipp which you have been curteously and amicably concern'd in upon my account . dated at westminster may an. dom. . oliver , protector of the republ. of england , &c. to his eminency cardinall mazarine ▪ most eminent lord. haveing sent a very worthy gentleman thomas bellasis vicount faulcounbridge my son in law , to compliment the most serene king upon his arrivall at dunkirke ; i comanded him to attend upon , and salute your eminency in my name , and thanke you , as the person to whose fidelity , prudence , and vigilance alone , the affaires 〈◊〉 france in divers places , and in the neighbour hood of flanders , more especially ovv their prosperity against the 〈◊〉 enemy the spaniard ; whom i hope , open & prepared force may soon bring to a reckoning for his fraudulent & underhand dealings ▪ wherein consisted much of his defence : towards the speedy promotion of which , our prayer and pikes shall not , as farr a●… we are able , be wanting . dated at court at westminster an dom. . oliver , protector of the republ. of england , &c ▪ to the most serene aud potent prince lewis king of france . most serene and potent king , friend , and august confederate . as soone ever as i had an account of your majestys comeing into the field , and with such a force , to lay a siege to dunkirke , that infamous recess for theeves ; i grew much affected thereat , and began to entertain sure apprehensions that little time might , with gods assistance , render the sea more navigable and less inflected with rovers , th●…n it has hitherto been ; that your majesty woud bring the fraudulent spaniards to an account for hesden and ostend ( being both the purchase of corruption and bribery ) by w●…ning that with your sword , which was iost thrô the treachery of ill servants . i therefore send thomas vicount falkonbridge my son in law , and a very worthy person , to bidd you , and the approach of your camp so neeer , welcome ; and to let you know personally , how ready are , not onely our wis●…es , but also our united strength , to testify the affection we bear to t●…e good successe of your conq●…ests , and our supplications to the almighty great god for your safety , and the long continuance thereof , for the comon good of christendom and the friendshipp wherein we are now engaged . dated at westminster may an. dom. . to the most serene prince ferdinando , great duke os toskany . most serene great duke . the purport of all your highness s former letters haveing invited us into a dependance upon the sincerity of the disposition you bo●…r us , wee are troubled to find that the same has been so obscurely signified unto ●…our governours and publicke ministers , or soe ill understood , as that in the port of livorne ( where your good inclinations towards us ought most to be knowne ) we canot receive the benefit or eflect thereof ; but the contrary rather ; from the tryalls which we are forced to contend dayly vvith , of animosities and strangness . wee seem to have more then knovvne the unfriendlynesse , vvith vvhich those of livo●…ne lately treated our fleet , how little help or supply it cou'd receive , and fin●…lly with what hostility entertained , and how it was forc't ●…o quit that port , ( as the testimony of several credible wiltnesses belonging to that place makes appear , as well as that of the comander in chiefe of the fleet , whom as we have intrusted therewith , we canot den●… beliefe unto in this point ) upon his first arrival & the delivery of our letters to your highnessse about the calends of 〈◊〉 , your promises of all friendship and good offices passed to our men , were very large . when , praying the liberty of makeing use of the conveniency of port ferara , the following reply was given ; that the same cou'd not be granted least the king of spaine ( our enemy ) shoud be offended at it forsooth . and yet what is it that a friendly prince is more usual in the grant of to his neighbours , then the liberty of his port and shore ? what is it that we can propose of advantage from such a friendship , which , rather then offend our enemys shall be found ready er to incomode , then act the contrary , or supply , us in the least of our necessities ? and more particularly , that out of every of our ships , there were not above two or three suffer'd to goe a shore and that conditionally too , videlicet praticque ; that as soone ever as the towne understood and had notice of our haveing intercepted a dutch vessel design'd for sapine with a supply of corne , there was present admittance . mr longland , president to our factory there , was denyed the liberty of going a board our fleet : fresh water , which is a comodity free for the use of all nations , that are not dovvne right enemys , vve cou'd not obtaine , but at an ext●…aordinary price , and that under the difficulty of a guard too : so many of our merchants , vvhose residence there is of no small advantage to your country , are forbid to visit or help their countrymen vvith any thing : upon the approach of our fleet about the latter end of march last , none were suffer'd to go a shore : five days a●…ter ; vvhen by chance one of our men of vvarr ●…ell fo vvl of a little inconsiderable boat belonging to the states of venice , and tooke her ▪ your city tooke it in such a dudgeon i warrant you as to have accosted us vvith tvvo hundred guns , or thereabouts , tho vvithout damage , vvhat ever they intended . which argues how farr into the sea from the reach of your castle and the privilege of your port these things were comitted which you woud causlely pretend to be an incroachment upon the priviledge of 〈◊〉 port . for presently our waterboates ( then a shore ) vvere set upon before your doores , one taken & detained , and vvhen demanded that vvithout restitution of the said naple's boot , notwitstanding the justifiableness of her capture , considering vvhere it happen'd ; nor men 〈◊〉 boate were to be parted with , so that our people were 〈◊〉 at last , to rest contended under their losses , and pack away without carrying along what they so dearly paid for . if all these things were , ( as we hope they were ) committed without the consent or comand of your highnesse , we desire that you shew it in the punishment of that governour , who made so slight a matter of 〈◊〉 ●…is masters 〈◊〉 . but if otherwise , and that you were privy to it , thinke that as we alwayes valued your friendship at an extraordinary rate , so we have learn'd the lesson of distinguishing between kindnesses , and open injuries . iam. &c. dated at our court at westminster , may , an. dom. ●… . your friend as far as i may , oliver , protector of england , &c. oliver , protector of the republ. of england , &c. to the most serene and potent prince , l●…vis king of france . most serene and potent king , friend , and august confederate , the double amends made me by the quickness by your majesty 's so illustrious an embassy , as it has testified your singular goodness and grandeur of mind , so it has laid open not onely to me , but all england also , the height of the regard you bear to my honour and dignity : for which i do , in theirs and my ovvne name ( render a●… i ought , ) you very great thanks . i wish you joy of that signall victory , which god and our aid has blessed you with over your enemy , and looke upon it as a thing of utmost acceptance to us , to find that our people have not , in that battle , been wanting to your help , the warlike glory of their ancessors , nor their owne former valour . as to dunkirk and the hopes your write to be under , of haveing it soone surrendered ; it adds to my content to be able to take notice in writeing so soone of its capture : hopeing vvithall that the double fraud of the spaniard may be punished beyond the loss of a single citty ; that the takeing of another citty may furnish your majesty with an occasion of being as quick in your reply hereto concerning the takeing of another . as to what you add of your intentions towards my concernes , that is a thing i no was distrust , as haveing the word of so good a king confirmed by so worthy a noble ma●… as captain crequi's your envoy for it ; and do wish that the almighty high god may endow your majesty , and the affaires of france with prosperity both at home and abroad . dated at westminster jun. an. dom. . oliver , protector of the republ. of england , &c. to his eminency cardinall mazarine . most eminent sir. in the comunication of my acnowledgments to the most serene king by letter , ( who , to give me the honour of a salute , and an account of his late most noble victory d●…spatcht hither a most splendid embassy ) i shoud own the guilt of ingratitude , if i failed in 〈◊〉 your eminency mutuall payment of my acknowledgment in the same met●…od , who ▪ to testify your good disposition towards me , and st●…dy of doing me all the honour lying within your power , have sent your nephew , a ve●…y worthy exquisit gentleman , adding that if you had a neerer relation , or whom you esteem'd more , you would not fail of ●…aveing sent him to choose . to which consideration adding also , that the comei●…g under the approveal of the judgment of so 〈◊〉 a man , is a thing which i deeme for no small honour , or ornament unto me ; namely that the nearest of your relations , shoud , in the payment of their resp●…cts and kindnes to me , follow the patterne of your excellency : they may ( its probable ) looke upon this example of your worthynes , candor and friendshipp in loveing of me , as none o the least ; others they may find in you , which for great vertue and prudence , are farr fitter to be imitated , as leading to the knowledge o●… governing and managei●…g the reins of state affaires . your eminencie's long and happy conduct of which , the comon good of the kingdome of france , the intire christian republick , and your owne reputation , are instances vvhich vve vvish all happyness unto . from our court of westminster june an. dom. ●… . your eminency's most affectionately . oliver , protector of the republ. of england , &c. to the most serene and potent prince charles gustavus king of sweedland , &c. most ssrene and potent king , friend and dearest confed●…rate ▪ as often as the councels and various artifices of the comon enemy of religion come under our deliberation , soe often do vvee enter into a consultation vvith our selves , and calculate hovv necessary and hovv conduceing to the future vvelfare of the chri●…ian vvorld it vvoud be , if the protestant princes did among themselves , and more especially your majesty and this republick , engage in a very strict alliance , in order to the easy disappointing of the projects of the adversary . the subject of our conversation vvith your embassadours , ever since first they came hither to treat about this busynesse , has evidenc'd unto'em , hovv ear●…estly and painfully have our vvishes been , and withall hovv much it vvoud have ansvverd our aime , if ours , and the concernes of sweedland were putt into such a condition and posture , as that the said alliance might be settled under such an establishment , as might answer both partys expecta tions equally , and enable'em to be in a capacity of supplying each other with timely help upon any emergent occasion . nor were they wanting on their parts , who exercised that prudence and dilligence in this , which they usually observed in all the rest of their sollicitations . but we have been soe taken up in looking a●…ter the treachery of some insolent people at home , ( who tho often forgiven , yet imbark upon new attempts and desist not in conjunction of rebells ( and those spaniards too ) to venture upon resolutions wherein they were often shaken & defeated ) that , employed in removeing of domestick dangers , we coud not hitherto apply that care ( which vve wished we might ) or intire help to the comon defence of religion . yet what we coud have done , we have ( as farr as we were able ) carefully perform'd before , and if vve are apprehended capable of conduceing ought , that may be thought of future service to your majesties affaires , vve shall be not onely vvilling , but also ready to joyne vvith you to the utmost , upon any occasion in the promotion of it . wee do ( in the mean time ) congratulate , and from our hearts vvish you joy in your most prudently and resolutely managed enterprizes : and continue our constant prayers to god , that he vvoud be pleased to enable your course of felicity and victory to be permanent to the service of his glory . dated at our court at westminster june an. dom. . oliver , protector of the republ. of england , &c. to the most serene prince , the king of portugal . most serene king , friend , and confederate , john buffield of london , marchant complains of his haveing deliver'd in the year . certain comodities to antony jones & manuel ferdinand ●…astaneo of tamarin , to be by them disposed of by sale , and to be , accordi●…g to the custome among 〈◊〉 , accounted for with him : that fallin●… , in his way to england , into the hands of pirats , and sufficiently damaged ; the said anthony and manuel , upon an account had thereof , and beleeveing that he was dead , looked upon the said goods as their owne , and accordingly retaine 'em hitherto , denying to come to any account for 'em ; and subsequent to this fraud , exposed the said english goods to open sale ; the better to paliate their designe : of his being himselfe forc't at length to repair in the depth of last winter to portugal to challenge his owne ; but in vaine ; for that he cou'd not prevaile with these persons to returne him either goods , or money ; but found them ( which is to be wondered at ) justifying the private possession of these goods , with the pretence of their being the result of a publick sale : being a stranger , and haveing to do with a people in their owne c●…untry ( which is worse ) he appealed to your majesty , and humbly petitiond for his judgement ; who is appointed to the decision of differences relating to the english ; but was sent back again by your majesty to that court , that had rejected him . which albeit it is in it selfe an act full of iujustice , yet in regard it is apparent that these tamiran merchants have incroached upon the reputation of that publick edict of yours , in perverting its intent to serve their owne fraudulent ends : it is our earnest request to your majesty , that the cause of these persons , whose afflictions are manifold thro the poverty which they are reduced unto , be wholly referr'd , ( as the effect of your clemency ) to the determination of the proper judge : whereby , the unfortuna●…e may rescue the remainder of theirfortunes out of the hands of such a perfidious society , which ( the thing , being apparent and clear ) we doubt not of your majesties concurring with us in . dated at our court at westminster , august a. d. . to the most serene prince leopald , arch - duke of austria , praesident to philip , king of spaine ▪ now in flanders . most serene sir , charles harbert , knt ; petitioned unto us ; that haveing directed the transportation of some certain goods and other houshold stuff out of holland into bruges , within your jurisdiction , to prevent their being taken from him by forme of injustice , is unexpectedly fallen into the hasard of looseing the same ; videlicet by the means of the earle o●… suffolcke , for whom the p●…titioner being engaged for the payment of considerable sumes of money , and haveing in the year . sent out of england the said goods as a security to the petitione●… , to answer any de●…and , which might be made upon him , upon the account of the said obligation : richard greenwill , one of the order of knihthood also , broke in into the place , where they were laid up , seized and keepes'em , in violation of the termes under which they came into the 〈◊〉 possession : under this pretence of right onely , that there remain'd due ●…o 〈◊〉 〈◊〉 know not what from theophilus ●…arle of suffolcke deceased , by vertue of a decree of our court of chancry , and th●…t those goods , as bein●… the said e●…rles , were subject to the said decree , and therefore ar●…ested them : whereas according to our lawes , the said earle , who now is , and whose goods these are , nor is obliged b●… that decree , nor oug●…t ●…is goods to be liable to seisure or restraint upon it's score ; as appeares by the sentence of the said court herewi●… sent you , at the request of the said charles harbert . we pray your highnsse to see the said goods forthwith discharged from all restraint , as well as from the unjust action of the said . richard greenwill : in regard it is a thing soe plainly contrary to the lawes and practice of nations to give way to the legality of an action in another land , which in the land , where the cause of the action originally arose , canot be lawfully allowed of . the consideration of justice it selfe , and the reputation which you have abroad of an upright man , has induced us to recomend this cause to your highnesse . which if it falls out at any time , that the right or concernes of your sub●…ects come under debate with us in this kind , assure your sel●…e of finding u●… 〈◊〉 way slack ; but rather very r●…dy to serve you upon all occasions . westminster . your highness's most affectionately oliver , 〈◊〉 of the republick of england , &c ▪ to t●… high court of parliament at paris . wee the commiss●…yes of the great seale of england make it our request ●…o the hig●… ▪ court of parliament at paris , that it woud be intreated ●…o s●…e care taken , that miles , william and mary sandys children of 〈◊〉 〈◊〉 and ellsabeth soame his wife lately dece●…sed , english natives and under age ; be at liberty forthwith to repaire to us hither from pa●…is where they now remaine under the tuition & guarranty of the said court : comitting them to the care of james mowath a scoth man , and a person of integrity and uprightnesse , to whom we have assign'd this trouble of takeing them thence and bringing of 'em hither : engageing that upon any the like occasion or demand , the like right and justice shall be by this court administred in favour of any of the subjects of france . letters written in the name of richard cromwel protector upon the death of oliver his father . richard , protector of the republ. of england , &c. to the most serene and potent prince , lewis king of france . most serene aud potent king , friend and confederate . whereas my most serene father of glorious memory oliver , protector of the comonwealth of england haveing , pursuant to the will of almighty god , departed this li●…e the . of this instant september , i declared his l●…wfull successor in the administration of this goverment , coud not decline , ( not without very great griefe and troubie i must confesse ) the giveing timely account of a matter of that importance , to your majesty , who i am confident ca●…t , considering your friendly disposition as well towards him as this republick , conceive any pl●… at this so sudden an account of his death . it is now become my w●…ke to invite your majesty into such apprehensions of me , as are fitt to be entertain'd of one , who hath nothing more in his thoughts , then a f●…hfull and constant inclination to the support of that society and amity , which my iaid most glorious father and your majesty were concern'd in with each other ; and with the same study and affection maintaine and observe the alliances , resolutions , and intelligencie wherein he was engaged with you ▪ it is my purpose to continue to our embassadour there , the powe●… formerly lodged with him . what ever he offers you in our name , accept thereof , i pray , as if tender'd you by our selfe . that that remains , is to tell you that i wish you all happynes . d●…ted at our court at westminster . september . to his eminency cardinall mazarine . most eminent sir. altho nothing coud fall out more to my trouble , then to have an occasion given me of writeing concerning the death of my most serene and famous father , and considering the mutuall esteem which fl●…wed between your eminency and him , and that i do not question but t●…at the death of so faithfull and constant a friend , must affect one so much concern'd in the government of france as your eminency is , i have judged it very materiall to accompany the account i sent o●… this m●…st fatall bus●…nesse to the king , wit●… a letter to you ; and withall to act that that is just , in assureing you of a most sacred per●…ormance of all those things by me , which my father of most serene memory has been by agreement obliged to y●…u to ●…eepe and performe : and take care that tho you may justly lament the l●…sse of one so much your friend and admi●…er , you may not misse him as farr forth as may concern the preservation of his promise to you : to the performance of which on your part also , that god may preserve your eminency long , and as an ●…nstrument for the promotion of the comon good of both nations . westminster september . ●…hard , protector of the republ. of england , &c. to the most sere●…e and potent prince charles gustavus , king of sweedland , gothes and vandals , &c. most serene and p●…tent king , friend and confederate . when i co●…sider that it is scarce possible for me to follow the patern of my fathers vertu●…s , without i expres it in a desire of retaining & valuing those intrests also , which were both the purchase of his valour , and that which 〈◊〉 judged very adviseable to retaine and cherish , you●… ma ●…sty need no●… q●…stion whether i understand the incumbency of continueing that study and affection towards you , which my father of most famous memory seems to h●…ve entertaind . notwithstanding therefore that i do not , upon my entry upon this g●…verment and its dignity , find things in such a posture 〈◊〉 the present , so as to be able to be so quick in an answer to s●…me heads offe●…r'd by your embass●…dours , as i woud , ●…et t●… continue the league establish ▪ by my father with your majesty , & enter into another also of stricter tearins ; is a thing i shall very willingly listen to . and s●… soone as i have a true state of things as they stand of both sides , shall , as far as concernes me , be alwayes very ready to come to such resolutions , as shall seem to consist most with the advantage o●… both goverments : god , in the mean time , long preserve your majesty to his owne glory , and the defence and protection of the orthodox church . dated at our court at westminster october . richard , protector of the repub. of england , &c. to the most se●…ene and potent prince charles gustavus . king of sweedland , gothes vandalls , great prince of finland , duke of scania , erthonia , care●…ia , bremen ▪ verda , & vandal , prince of russia , lord of engria & wismar , as also count pallatin of the rhine , bavaria , julia , clivia , and duke of the mounts . most serene , potent king , friend , and confiderate . this brings you an account of my receipt of both your majesties letters , the one by your e●…vo , and the other transmitted unto us from mr philip meadow our embassadour . which denote not onely your m●…griefe concerning the death of my most serene father evident & your opinion of him , but of me also his successor , & your expectations of me and as to my father , nothing can truly add to his future 〈◊〉 , which for nobility or wor●…h can exceed the praise of so worthy a person ; nothing that can portend m●…re good luck to my undertakeing of the administration of the goverment , then to be c●…ngratulated by so great a congratulator nothing of an estate tho never so plentiful , coud have adv●…nced so farr towards the kindleing an ambition of pursueing the v●…rtue of a father , equall to so considerable a councellour . as to what you mention concerning the comon safety of protestancy , and the reasons you offer to draw us into a concurrence of with you , i would have your majesty believe , that , albeit since my arrivall to this goverment , the posture of our affaires has been such , as to have taken up and approprinted the re●…ult o●… our dilligence , care and vigilancy to the speciall consideration o●… matters at home , yet nothing has been , or is dearer , or more in our purposes , then to employ all meanes tending to the support of that alliance ratify'd in my fathers time with your majesty . i have therefore taken care of sending a fleet to the baltique sea , with such instrucons , as our envoy , pursuant to such directions as we ●…ave given him at large relateing thereto , shall communicate to your majesty . whom the almighty god take care of the safety of , and make ●…ortunate and succesfull in all your undertakeing ; in referrence more particularly to the orthodox faith , for whose defence may he long stand by you . dated at our court at westminster october . . richard , protector of the republ. of england , &c to the most serene and potent prince charles gustavus king of sweedland , gothes , and vandalls &c. most serene and potent king , friend and confederate , i send your majesty the best thing i coud part with , both in w●…rth and excellency , i mean sir george ascue knight , a very worthy and noble gentleman , & a person of long knowledge and tryed experience not onely in warlike affaires , especially those of the sea , but also inrich'd 〈◊〉 integrity , modesty , understanding , and learning , unwelcome upon the account of his most acceptable moralls to none ; and , which is above all , now & ●…or some time , under a desire of serveing under your majesties 〈◊〉 , so famous every where upon the score of your power in warlike discipline . and woud have your majesty thinke , that what ever you please to comit to the care of this man , either of trust or otherwise , wherein faithfulnesse , experience , and courage is requisit to be shewn or exercised , you canot doe it to a more faithfull , stout , or probably skillfull person . as to what i committed to his trust to be communicated to your majesty , let his admittance ( i pray ) be quick , his audience curteous , and that very weight laid upon what he says , which you woud upon our imediat delivery thereof : shew him such respect withall , as you shall judge convenient to be shewen to a person of his character , & , for his merits , very worthy of our recomendation . that god may blesse your affaires , and assign them a happy issue , and that to his owne glory and the support of the orthodox faith. dated at our court at westminster october . richard , protector of the republ. of england , &c. to the most serene prince , charles gustavus king of svveedland , gothes and vandals . most serene and potent king , friend , and confederate . complaint has been made us by petition , in the name of samuel piggot of london merchant , setting forth ; his haveing lately sent two shipps ( the one called the post , jacob tidd master , and the other the water dog graband pieters master ) from london into france . upon the account of trade ; thence to amsterdam with their loading of salt ; thence to stetin neere pomerania in the baltique sea within your jurisdiction , the one in her ballast , and the other with her freight of salt , loaded at the joint cost of the petitioner and one peter hensbergh , who was his copartener ; but that both the said shipps were , as he understands , sett upon and taken by some of your forces in some part of the said sea , and retain'd ; altho he has ( to prevent this mischiefe ) sent a certificate under the seal of the admiralty court , with both the said ships , testifying that , 〈◊〉 the moity of the said herings , the sole propriety of both lay peculiarly in him . which haveing made clear proof of before us , i 〈◊〉 desire , that in regard the losse of both the ships canot be without very gre●… prejudice to the man , and , it may be , the 〈◊〉 of his whole fortune : your majesty wou'd charge and comand your subjects to discharge the said ships without the least delay of time . god preserve your majesty long , to the service of his owne glory , and the protection of the orthodox church . dated at our court at westminster jan. . ann●… dom. . richard , protector of the republ. of england , &c. to the high and mighty lords the states of west friesland . s. d. high and mighty lords , friends and dearest confederates . mary grindar widdow has , in her petition to me , made a great complaint against one thomas killig rue now a soldier in your service , who to escape the paying of a considerable sum of mony due from him to the petitioner for about eighteen yeares , or being brought to any account either with her , or her atturney by law , or other tendency to a satisfaction ; is said to have petition'd your highnesses , that he might not be prosecuted by law upon the score of any debt contracted in england . but if i let your highnesses see this onely , that shee is a widdow , poore , a mother of many small children , whose entire support almost this man seemes to endeavour to divert , i shall keepe farr from thinking that i need the use of many arguments with you , who are too wel acquainted with gods comands , especially on behalfe of widdowes and orphanes against oppression ; as to imagine your giveing way to the grant of such a fraudulent priviledge : which i am confident you will never allow of . dated from our court at westminster january . . richard , protector of the republ. of england , &c ▪ to the most serene and potent prince lewis , king of france . most serene and potent king , friend , and august confed●…rate . wee have , not without griefe , had and account of some unworthy interruption given , by some ill minded persons , to the protestants while in the exercise of their devotion in province ; to that degree , that when complaint was made thereof to the magistrates at gratianopoli , whom it lawfully concern'd , they condemn'd the thing as worthy of a severe reproofe : and that the neighbouring clergy did thereupon prevaile with your majesty to remit the whole matter to the judgment of your royall councill at paris : w●…o haveing done nothing hitherto , 〈◊〉 churches there , the protestants more 〈◊〉 , conot peaceably 〈◊〉 to the exercise of their devotion . let my earnest desires therefore prevaile with your majesty , first that they , whose prayers sacrificed for your 〈◊〉 , and the prosperity of your kingdome , were not rejected , their publick meetings to pray be not prohibitted : next that the disturber of gods peace be , pursuant to their judgment , to whom alone belongs the law●…ll and usual cognisance of such cases at gratianopoli , accounted with , long and peaceable may god render your majestys days ; and that if these our desires prove acceptable and judged ( by you ) of service to god , you declare them as such , by removeing that prohibition from off the protestants churchs , and laying a speedy injunction to have the same repealed , dated at westminster february . an. . to his eminency cardinall mazarine . most eminent mr cardinall . the most illustrious lady richmond , widdow of the duke of richmond lately deceased , designes with her yong son , to visit and 〈◊〉 〈◊〉 small stay in france . my earnest request therefore to your eminency is , that , if they chance to need , in any instance , you●… 〈◊〉 , favour , o●… help as strangers , you woud please to exercise that regard to their quality consisting with your wont in instances of extraordinary comendations ; so as to let them see , that as farr as the usuall dispensation of your curtesys to all persons coud be render'd more then ordinary , our letters were able to do it : and rest assured in this , that if an●… comendation from your eminency doe seem to call for any thing of this kind at my hands , my allowance thereof may be noe less depended upon . westminster february . . richard , protector of the repub. of england , &c to the most serene and potent prince 〈◊〉 , king of portugall . 〈◊〉 〈◊〉 and potent king. friend , and 〈◊〉 altho i ought to write upon various subjects to a prince that is a friend , and ver●… much concern'd in the welfare of this republick , yet there is nothing which i can with more freedome goe about , then what i now 〈◊〉 of letting your majesty and the people of 〈◊〉 know how glad i am of the late sig●…all victory 〈◊〉 of the comon enemy the spaniard : tending in the apprehension of all men , not onely to your owne , but the most 〈◊〉 peace and repose of all europe , and which may 〈◊〉 entail thereon an advantage of many yeares continuance . the next thing is to owne your majestys justice as the undoubted fountain , from whence spring your victorys instance'd in the provision made by the ▪ article of the league concluded b●… the arbitrators at london for the satisfaction of our merchants , whose merchant men were hired into the service of the brasile company . thereis one alexandar banck merchant of london , whom the said company denyes to pray the freight contracted for , for the service of a ship of his called the three brothers john wilk master in consideration of two voyages perform'd in the said company 's service : whereas the rest have been long ago paid , notwithstanding their haveing been in 〈◊〉 〈◊〉 but once . which i do not understand the reason of , except he ; in their opinion , is beter worthy of a reward , who has serv'd them once , then he that did it twice . my earnest request to your majesty therefore is , that this onely man , to whom a double reward is due , be not kept out , of the satisfaction of his hire , and cause , by the influenc●… of your authority , the said company to fix upon some speedy day of payment , & repairing his damages , their delays haveing exposed the merchant to inconveniencyes farr exceeding his hire . god increase your power and continue unto you the uper hand over your enemies . dated at our court rt westminster an. . richard , protector of the republ. of egland , &c. to his eminency cardinall mazarine . most eminent sr. the case of peter pett , a person of singular honesty , and very serviceable to us and the republick in navall affaires , came recomended to your eminency in ours of the . of june , being now about eight monthes past . it was about a vessell of his called the edward , which was , as we observ'd , seised upon in the mouth of the river of thames and sould at the port of bayon by one bascon a frenchman in the year . and altho the king did by an order of councill dated the . of november . direct ; that what ever the councill shoud judge equivalent in mony to answer the damage susteind , care shoud be taken of his being satisfied accordingly : yet the petitioner complains of his haveing received no benefit hitherto from the said decree . but as i no way doubt , but that your eminency will , at my request , comand the speedy application of what may be requisit , ●…revious to the execution of that order : this brings you an earnest repetion of my said request , praying that you woud inspect where it sticks , inquire thro whose neglect or obstinacy it comes to passe , that the kings order shall not , after ten yeares respit , be obeyed , & exercise your authority in the pressure of the execution of that decree , and payment of that appointed sume , which we judge has been 〈◊〉 long agoe : causeing'a speedy demand to be made thereof , and the result paid to the receipt of the petitioner . wherein your eminency will act a thing conformable principally with justice , and that shall oblige me besides in a singular degree . dated at our court at westminster february . . the two following letters were written in the name of the long parliament , when restrored , upon the removeall of richard cromwell . the parliament of the republ. of england , &c. to the most serene and potent prince charles gustavus king of sweedland , gothes & vandalls . most serene and potent king , dearest friend , it haveing pleased the almighty god , with whom the power of all changes in kingdomes and republicks is lodged , to restore us to our former charge in this the government of the comonwealth of england , we have thought fit first to acquaint you therewith , and next to let your majesty know of the very great affection we bear to so potent a prince as you are , and how ben●… upon the support of that peace , which our industry and most sincere endeavour were the sole means of establishing between you and the king of denmarke , also a potent protestant prince . it is therefore ou●… will that the authority , by which philip meddowes our ex●…raordinary embassadour there has in the name of this republick hitherto acted , be now continued as from us : and do hereby confirme unto him the power of proposeing , acting , and transacting with your majesty to be the same , with the originall : what ever he acts or contracts in our name , we do , with gods assistance , engage to make good : god take your majesty into his continuall guide ; with tendency to the safety and security of the protestants . westminster may ▪ an ▪ ▪ subscribed by william leuthall , speaker to the parliament . the parliament of the republick of england . to the most se●…ne prince frederick king of denmark . most serene king , dearest friend . it gaveing pleased the almighty great god , the chiefe ruler of all things to 〈◊〉 us 〈◊〉 former s●…ion and charge in the administration of this republick , we held it apoint mainly becomeing our disposition to our neighbour , and ally , to observe the same to your majesty , and to intimat how much we are concern'd at your troubles : the proofe whereof you shall see in the endeavour and dilligence , which we now do , and shall , as farr as there is necessity for it , exercise to reconcile your majesty and the king of sweedland to peace . to which purpose we have directed phillip meadows our extraordinary embasadour at the court of swedland , that for the furure he wait upon your majesty in our name concerning this affair , and let you know , that whatever he communicateth , proposeth , acteth or transact the , at he shou'd doe the same as the effect of our comands . the credit given him by your majesty in the discharge of which character , we pray that it be believed as given to our selves . god deliver your majesty to your content , out of all those difficultyes which you so resolutely contend with , and draw all to happy and pleasing issue . westminster may . . sign'd by william leuthall speaker to the comonwealth parliament . finis . an order of the lords and commons assembled in parliament, for setling and manageing of the places of the lord admirall and lord warden of the cinque-ports, in a committee of lords and commons. proceedings. - - england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an order of the lords and commons assembled in parliament, for setling and manageing of the places of the lord admirall and lord warden of the cinque-ports, in a committee of lords and commons. proceedings. - - england and wales. parliament. england and wales. parliament. sheet ([ ] p.) printed for edward husband, london : aprill. the . . order to print dated: . april . reproduction of original in the folger shakespeare library. eng england and wales. -- royal navy -- history -- th century -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no an order of the lords and commons assembled in parliament, for setling and manageing of the places of the lord admirall, and lord warden of england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an order of the lords and commons assembled in parliament , for setling and manageing of the places of the lord admirall , and lord warden of the cinque-ports , in a committee of lords and commons . it is this day ordered by the lords and commons in parliament assembled , that algernon , earle of northumberland ; philip earle of pembrooke and mountgomery ; robert earle of essex , robert earle of warwicke ; william viscompt say and seale , dudley lord north , denzill hollis , esquire ; sir walter earle , sir christopher wray , sir philip stapleton , sir iohn evelyn iunior , iohn selden esquire , doctor thomas eden , bulstrode vvhitlocke , giles green , john lisle , iohn roll , and alexander bence , esquires ; shall bee a committee of lords and commons , and they , or any five of them sitting , the committee are hereby authorised and inabled , to doe and execute , all such things as appertaine to the office of lord high admirall of england , and lord vvarden of the cinque-ports , in as ample manner , and to all intents and purposes , as the lord high admirall , or lord warden of the cinque-ports , have used and ought to doe for the good and safety of the kingdome , and due government of the affaires and persons belonging to the said offices , vvhich committee have power and authority to nominate and appoint , all commanders and officers to be imployed in the admiralty and navy , and to present them to both houses for their approbation . provided , and it is hereby ordained , that this ordinance , and every clause therein contained , shall remaine and be in force , untill the first day of october next comming , and no longer . . april . ordered by the commons assembled in parliament , that this order bee forthwith printed and published . london , printed for edward husband , aprill . the . . a meditation for the th of january, the anniversary of the murther and martyrdome of k. charles the i. the best of kings, of husbands, of fathers, of christians, and of men; who was decolated on that day, anno domini, . and in the four and twentieth year of his sacred majesties most gracious reign. rementería y fica, mariano de. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a meditation for the th of january, the anniversary of the murther and martyrdome of k. charles the i. the best of kings, of husbands, of fathers, of christians, and of men; who was decolated on that day, anno domini, . and in the four and twentieth year of his sacred majesties most gracious reign. rementería y fica, mariano de. sheet ([ ] p.) s.n.], [london : printed in the year, . signed at end: written and wept by m. de r. of the middle-temple, exq. . place of publication from wing. annotation on thomason copy: "august ". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- assassination -- early works to . england and wales. -- sovereign ( - : charles i) -- early works to . a r (thomason .f. [ ]). civilwar no a meditation for the th. day of january, the anniversary of the murther and martyrdome of k. charles the i. the best of kings, of husbands rementería y fica, mariano de a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a meditation for the th . day of january , the anniversary of the murther and martyrdome of k. charles the i. the best of kings , of husbands , of fathers , of christians , and of men ; who was decolated on that day , anno domini , . and in the four and twentieth year of his sacred majesties most gracious reign . cain rose up against abell his brother , and slew him , gen. . . hard hearted nature ! that being yet so young , should bring forth so cruell a monster ? a brother to kill a brother , and that for no other quarrell , but for his righteousnesse , because his deeds were good , and cains evill ; what malignity , did our first parents fall , distill into all the succeeding race ? yet being question'd by the voice of heaven , cain , desperately evill as he was , was not so impudently shamelesse as to own , though not so ingenuous , as to confesse the fact ; but why should we remember cain with so black a character ? cain , a saint may seem , compared with the sons of beliall , whom this latter age hath produced ; we have seen ( as this day englands direfull tragedy ; england , that most dismally , hath committed felony upon her self , and with her own bloody hands , cut off her own royall head : oh , 't is a sad judgment that upon the defect of our prayers , and the omission of our obedience , is fallen upon us , a judgment accompanied with such lamentable consequences , occasioned by so deplorable an action , so fatall a blow , as no hand can write the story of it , for trembling , or if it could , no eye were able to read for weeping ; no tongue is able to speake it's greife , for stammerings and titubations , or if it should , no ear were able to heare it , for glowing : nay , we have seen that , that is so far from being communicable to posterity in any credible relation , that we our selves , can hardly beleive our selves , to have seen a most gratious , glorious king , setled in his fathers throne , by the laws of god and of the land , confirmed in his regall power , by the oathes of allegiance , taken by his very enemies , in the issue of a sharp tedious vvar , after the expence of many thousands , of noble , generous , loyall , protestant christians lives , in his just defence , to be at length , by the power of a rebellious , treacherous crewe of his own , subjects , ( and many of them his falfehearted , houshould servants , ) born , and bred , and grown rich , under his happy government , ( and by his liberall hand ) brought to a solemn tryall , under pretence of law , formally arreigned for his life , and adjudged by those that were his professed foes , ( and without being heard ) as a tyrant , traytor , murtherer and a publique enemy to be put to death , by the severing his head from his body ; and that this sentence should be executed , by the force of the souldiery , on a scaffold , erected before his own court ? in the midst of populous london and westminster ; in the face of the sun at noon day ; god , angells , men , looking on ; and to pass through his banqueting-house , his house of state and pleasure , to this mount-calvary ; and as a lamb , before the shearers not to open his mouth ? oh the heavens ! i dare not enter into too serious a consideration of this unheard off , unparalel'd fact , least i drown my senses in the abysse of incomprehensible sorrows ; the whole world abroad stands amazed at it , england onely being under the stroke , remaines , stupidly insensible of her own , both sin and misery : the earth indeed at this day , was not felt to quake , but all mens hearts , ( not more hard , then the adamant ) trembled : the graves indeed did not open to let forth their dead , but many tender-hearted , amongst the living , with grief dyed , and went to their graves , the values of our temples indeed , were not rent , but our material temples themselves , in this the head of our church on earth , were vertually destroyed in his majesties dominions : more , i cannot tell more , on this sad theam ; i dare not so much as think , least i thinking , dye : much lesse doe i know what to do , ( for since the creation of the vvorld , the like hath not been seen ) but mine eyes ; deare god ? are towards thee . ejacvlation . lord ! how long wilt thou be angry ? shall thy jealousie burn like fire for ever ? if this be done to the green and fruitfull tree , what shall become of the drie and withered ? if a gracious king , whome thou hast made so neer thy selfe , escape not thy hand of temporal punishment , what may a rebellious , a monstrously sinfull people expect ? but in judgment thou hast promised to remember mercy , have mercy then i humbly pray thee , upon the remnant of thy people , preserve us under the shadow of thy wings , untill this tyranny be over-past , and establish over us if it be thy holy will charles the second , the undoubted son and heire of his fathers vertues and crowns , that kings again according to thy own ordinance , may be nursing fathers , and queens nursing mothers in this our israell , that religion , law , liberty , property , commerce , love , and vnity , may returne againe to our bleeding and fainting nations , and all this for thy sons sake , our saviour jesus christ , amen , amen . written and wept by m. de r. of the middle-temple , exq. . printed in the year , . for a finall answer to your proposition of the . of this instant concerning delinquents, &c. his majestie will consent, that all persons who have had any hand in the plotting, designing, or assisting the rebellion of ireland, shall expect no pardon, as exprest in the first branch of this proposition. ... england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) for a finall answer to your proposition of the . of this instant concerning delinquents, &c. his majestie will consent, that all persons who have had any hand in the plotting, designing, or assisting the rebellion of ireland, shall expect no pardon, as exprest in the first branch of this proposition. ... england and wales. sovereign ( - : charles i) sheet ([ ] p.) printed for richard royston, [london] : . title from first lines of text. with engraving of royal seal at head of document. dated at end: tuseday, october . . place of publication from wing. the king consents to no pardon for the instigators of the irish rebellion. for other persons in the first branch, they should be allowed to compound at a moderate rate, but may be debarred from office or court. others to pay a moderated composition and be debarred from sitting for three years. dated: tuesday, october . . the king claims: ) to be put in a position of honour, freedom and safety; ) his lands and revenues; ) composition for the court of wards, etc.; ) an act of oblivion -- cf. steele. annotation on thomason copy: " ber [i.e october] ye th". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . ireland -- history -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no charles r. for a finall answer to your proposition of the . of this instant concerning delinquents, &c. his majestie will consent, that al england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit charles r. for a finall answer to your proposition of the . of this instant concerning delinquents , &c. his majestie will consent , that all persons who have had any hand in the plotting , designing , or assisting the rebellion of ireland , shall expect no pardon , as is exprest in the first branch of this proposition . as to all the rest of the propositions , his majesty cannot consent thereunto , as is proposed , otherwise then is here afterwards expressed , viz. as for all other persons comprised in the said first branch , his majestie for satisfaction of his two houses will give way , that they may moderately compound for their estates , and desires they may be admitted to the same . and for removing of distrust , and interruptions of the publique settlement , his majestie will consent as followeth . that such of them as the two houses , of parliament will insist on shall not be admitted to his councels , and be restrained from comming to the court , at such distance , as both houses shall thinke fit , and shall not have any office and employment in the common-wealth , without the consent of both houses of parliament , or shall absent themselves out of the kingdome for some time , if both houses of parliament shall thinke fit . that all other persons in this proposition shall submit to a moderate composition , and for the space of three years shall not fit , or serve as members , or assistants in either house of parliament , without consent of both houses of parliament . tuseday , october . . his majesties propositions . . that his majesty be put into a condition of honour , freedome and safety . . that safely he may be restored to his lands , and revenues . . that he may have composition for the court of vvards , and such of his revenues , as he shall part with . . that there may be an act of oblivion and indempnity . mr. vines gave in a paper in answer to his majesties , to satisfie his majesties conscience touching bishops : then the commons delivered a paper , desiring a more satisfactory answer to the businesse of the church . printed for richard royston , . by the parliament. the parliament being desirous that good order and discipline may still be continued in the army ... proceedings. - - england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the parliament. the parliament being desirous that good order and discipline may still be continued in the army ... proceedings. - - england and wales. parliament. sheet ([ ] p.) printed by john streater, and john macock, printers to the parliament, london : . [i.e. ] title from caption and first lines of text. the year is given according to lady day dating. an order of parliament for "officers of the army forthwith to repair to their respective charges.". dated at end: monday, february, . . ordered by the parliament, that this order be forthwith printed and published. thomas st nicholas, clerk of the parliament. annotation on thomason copy: "feb: ". reproduction of original in the folger shakespeare library. eng england and wales. -- army -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no by the parliament. the parliament being desirous that good order and discipline may still be continued in the army, ... england and wales. parliament d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) ❧ by the parliament . the parliament being desirous that good order and discipline may still be continued in the army , to the end , that the souldiers thereof may not any wise be an oppression to the country ; and whereas divers officers of the army , whose regiments , troops and companies are quartered in several counties of this nation , do still continue here about the town , and absent from their respective charges , do therefore hereby require all such officers of the army forthwith to repair to their respective charges , and not to depart from them without special ▪ order from the lord general . and in case that any of the regiments , troops , or companies of the army are removed from the quarters last assigned them , without order from the lord general ; the parliament doth require such regiments , troops and companies to return forthwith to their said last quarters formerly assigned them , or to such other quarters , as shall be assigned by directions from the lord general . and the parliament doth further require , that such regiments , troops or companies as are not removed , do continue in the quarters last assigned unto them ; and none of them to remove from thence , without the speciall order of the lord generall in that behalf . monday , february , . . ordered by the parliament , that this order be forthwith printed and published . thomas st nicholas , clerk of the parliament . london , printed by john streater , and john macock , printers to the parliament ; . a letter agreed unto and subscribed by the gentlemen, ministers, freeholders and seamen of the county of suffolk presented to the right honorable, the lord mayor, aldermen, and common councell of the citty of london. assembled, january th . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter agreed unto and subscribed by the gentlemen, ministers, freeholders and seamen of the county of suffolk presented to the right honorable, the lord mayor, aldermen, and common councell of the citty of london. assembled, january th . city of london (england). court of common council. sheet ([ ] p.) printed for thomas dring, london : . [i.e. ] praying for a free parliament. annotation on thomason copy: "jan: ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . suffolk (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no a letter agreed unto and subscribed by the gentlemen, ministers, freeholders and seamen of the county of suffolk. presented to the right hon city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter agreed unto and subscribed by the gentlemen , ministers , freeholders and seamen of the county of suffolk . presented to the right honorable , the lord mayor , aldermen , and common councell of the citty of london . assembled , january th . right honorable , please you to accept this paper as a testimony , that we are highly and gratefully sensible of those breathings and essaies towards peace , which your renowned city has lately declared to the world : and we earnestly wish , that our serious and unanimous concurrence , may ripen them to a perfect accomplishment . we are willing to consider it as an omen of mercy , when we observe the nation in generall , lifting up its vowes to heaven for a free and full parliament . 't is that alone , in its genuine sense , which our laws prescribe and present to us , as the great patron and guardian of our persons , liberties , and proprietics , and whatsoever else is justly pretious to us . and if god shall , by your hand , lead us to such an obtainment , after-ages shall blesse your memory . 't is superfluous to spread before you , your merchandise decay'd , your trade declin'd , your estates wither'd . are there not many within your walls , or near them , that in your ears deplore such miseries as these ? your lordship may believe , that our prayers and persons shall gladly promote all lawfull means for our recovery . and we entreat , that this cheerfull suffrage of ours may be annex'd , as a labell to your honourable intendments . this letter was delivered according to its superscription , by robert broke , philip parker , and thomas bacon , esquires . london , printed for thomas dring . . plain dealing or a fair vvarning to the gentlemen of the committee for union : in a letter intended to alderman foulks, to be communicated unto them accordingly at gurney house, or elsewhere. / written by a friend to the parliament, city and kingdom, and for their vindication, is now published to the world. adams, thomas, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) plain dealing or a fair vvarning to the gentlemen of the committee for union : in a letter intended to alderman foulks, to be communicated unto them accordingly at gurney house, or elsewhere. / written by a friend to the parliament, city and kingdom, and for their vindication, is now published to the world. adams, thomas, sir, - . p. s.n.], [london : printed in the first year of the agitators raign, mdcxlvii. [ ] a friend to the parliament = sir thomas adams, whose initials appear as a.t. on p. . the union referred to in title is between parliament and the city of london. imperfect: significant bleed-through. annotations on thomason copy: "by maior tho: adams"; "nou: ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . london (england) -- defenses -- early works to . a r (thomason e _ ). civilwar no plain dealing: or a fair vvarning to the gentlemen of the committee for union : in a letter intended to alderman foulks, to be communicated adams, thomas, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion plain dealing or a fair warning to the gentlemen of the committee for union : in a letter intended to alderman fovlks , to be communicated unto them accordingly at gurney house , or elsewhere . written by a friend to the parliament , city and kingdom , and for their vindication , is now published to the world . math . . . ●o unto the world , because of offences : but it must needs be that offences come : but wo unto that man by whom the offence cometh . printed in the first year of the agitators raign , mdcxlvii . plain dealing or a fair vvarning to the gentlemen of the committee for union . gentlemen , that this meeting may prove effectuall by gods blessing to the end pretended , even a sweet union between the godly , and a happy composure of this unhappy difference ; i thought it my duty to give you ( as briefly and plainly as i can : ) that which i conceive , must necessarily be debated in order to this union : and were not religion , gods cause , the kingdom , nay three kingdoms so nearly con●●●ned , i would have been silent for my brethrens sakes , for whom it 〈◊〉 me at the very heart . but it may be remembred , the fathers dangers made the dumb child to speak , you know there is no sore can be throughly cured , but it must indure some smart ; if this sore be not skilfully handled , and throughly cured , it may prove fatall to the gospel , throughout all europe ; and in truth , whatsoever specious pretext to the contrary , a perpetual farewel to englands , irelands and scotlands common right and freedom * ; whatsoever mr. estwick is pleas'd to say , i am confident his own conscience tells him , the gentlemen he accuseth for promoting a new war , and his inveighing against the city remonstrance , declaration , and all the late carriages of the promoters thereof , is really from a deep sense of their duty , and the danger , this parliament was in by the armies disobedience , whose proceedings all along since , doth sufficiently justifie , and make manifest , and whether or no the fundamental laws of the land be not now subverted , and the very being of parliaments struck at , when the army hath not only refused to obey the parliament , but contrarily hath forst obedience from them , both in voting and unvoting , and hath taken upon them to judg the case of the kingdom , nay , to be the parliaments judges , and to require reasons of their votes , to be given them , or such as they confide in , as appears by that declaration of the , of june , and parliament like , to receive the countryes petitions , set up a * general counsel against the great counsel of the land undertake to do that there , only proper to parliaments ; vote down the kings negative voyce , the house of pears , set periods to parliaments , give rules and directions to parliaments . i would i could not add that bold fac'd treason , when they declared the parliament to be no parliament . in a word , as they have devided the parliaments , so have they fomented and promoted all the divisions in the kingdom , that shakes the very foundations of this common-wealth ; what exceeding * juggling hath bin in the army from the beginning , and also , withall the world besides : absolon like to steal away the hearts of the people , and to cozen and cheat them out of their very understandings , to the betraying of themselves , the parliament , even to the indangering the ever having more parliaments ? what strange and undutiful expressions ? what slander and reproaches ? nay , what treasonable speeches and actions hath bin attempted against this parliament ? was not the kings taking from holdenby disowned by the army since own'd , upon very great pretences of loyally and duty to him , but what performances all the world may now see by his maiesties present escape for the safety of his person , as well as by the attempts of the agitators * , to impeach him without any authority or countenance of the parliaments ; and such other attempts upon the parliament and ministery of the gospel , that if absolon were now alive to act his treason , it might wel enough pass among the croud , for common right and freedom was not the petition disowned since owned ? was not their disobedience disowned with a great deal of fained sorrow , since own'd with a great deal of real joy ; doth any man know what to make of the army now , one piece of it is for paul , and other for apollos , and an other for sephaes , but all out of order , all disobedient to the parliament , ever and anon professing that the parliament is not yet for their turn ; so that the truth is , and i think all the world can never make it out , that there is any thing to be said for them , but that whilst they were obedient , god honoured them to be instruments to this poor kingdom ; which very service makes me pour out many a prayer to god , to pour upon them the spirit of repentance and obedience , without which i much doubt of any good by your meeting : for when god comes to enquire after all those things , i am afraid he wil charge upon the armies disobedience , the new * war you talk of , the accusation of the imprisoned and banished ones , the renting and tearing in piec●s the parliament , the city , the whole kingdom , nay , kingdoms , the hinderers of irelands relief ; promoters of the famine , both of bread , and of the word of the lord , and of all the sad consequences we fear may follow : so that the subiect or matter that tends to a godly union in my opinion wil be speedily to make a religious retreat , if nature prevail so with you that you canot own the new war , yet let grace be so predominant as not to continue to charge it upon those you know are * innocent , set at liberty all those gentlemen , most of which i know you have had such signal testimonies of their faithfulness to this parliament , that as i am confident , treason wil not stick by them , so the several footsteps of gods providence ever since hath given strange commendation to their endeavors , as if god would have the world to see , that they then did but attempt to do their duty : put both houses and the city into the same posture they were in , when you first medled with them , and then know , that there is much doubt too , whether unity and uniformity be not twins to live and dye together . i am perswaded there is many great officers of the army in ●ool bloud , could heartily wish themselves where they were when they begun , but they are now in a snare , and subiect to many temptations : yet i hope their ●●genuity is such , that though ambition bids them goe on , that they will remember they have not so learned christ ; and the further they go the more misery they wil run themselves into ; for i am confident , without repentance , god wil bring them to a s●● reckoning , at last : and indeed gentlemen : how can a true israelite , a true english man , dispence with his duty ? nay can england , that has obleiged it selfe by so many solemn vows * and covenants , to preserve the parliament , when so apparently it is indangered ? were not the . members fain to leave the parliament , or else they would turn them out by force ? did not the parliament vote six days one after another , that , that was a parliament the army voted was none ; and would , as i think , have voted so til this day , could we say they were not now under a force ? but i believe the last great turn given to the parliament by that horse , commanded by major desborough into hide park ( to execute that dreadful declaration or poysonous purge , of which the parliament hath never yet recovered , and was such a blow to the gospel of jesus christ and to these three kingdoms ●● cannot yet be paralel'd ) wil require a thorough repentance : and though we cannot see all the plots and designs of men , yet god knows all the present juglings of this age ; and we have had so much experience in all the transactions , since this unhappy difference , as to say , surely this putting of the army thus out of joynt is to try the skil of some or other . but , i hope , the gentlemen that press an union upon that ground , wil see a providence in it , and say of their policy , all is uanity : and that surely by this division in the army , god minds us of our disobedience , and that we should trust god more in his ordinary way of providence : and let parliaments alone with the setling of church and state , as only proper to them : and if the soldiers act without , or in opposition to their officers : is it not lex talionis ? is it not the bitter fruit of their own rash councels and actions ? believe it , all the would , that observes the army , may with good reason conclude , that they are gone so far , that they now resolve only to depend upon their own strongth for indempnity : their own papers do more then intimate as much : if so then , what good issue of this meeting can be expected without some better incouragement from that party : but some kind of acknowledgment , or s●bmission or something akin to it ? and indeed , what ever is pretended that seems to be their aim , if master estwick spake their meaning at the last meeting ; and if so , ●hen know that an ungodly union cannot hold ; for if you could out-reach or out-wit men , it s to no purpose , for god wil laugh you to s●orn and have you in derision ; as its good to forget on all sides , so its dangerous to countenance any of the late passages since this difference , or to comply while they have power to drive on their own designs * . it would be too tedious to give you a taste of all the bitter fruit of the armies disobedience : but in one paper they take liberty of conscience , to desire the punishment of those gentlemen that out of conscience , and in obedience , left the army : and m. estwick more then intimated , that he greatly desired an union between the parliament and city , only some particular gentlemen should lie under the guilt of a new war ; of whose innocency , by this time , i presume he cannot be ignorant : but that self defence , which he is pleased to cal a new war , i am fully satisfied , had been the only way to preserve the parliament , city and kingdom from all those dangers both felt and feard , had they not by their craft and subtilty , sown so much division among the godly , that we thereby were in danger of a common enemy . to conclude , so long , i am confident ▪ as a counsel of agitators is set up to oppose the great counsel of parliament , and we humble not our selves for it , there is little hopes of an union ; nay it is a great dishonor to our english nation , a hissing stock and by-word in all countries . can you read , without trembling , the case of the army , and call to the army , the diurnal , & several other papers , what danger our religion is in , what dishonor is cast upon our god , what heresies and blasphemies are fomented and maintained , what hypocrisies in reference to ireland , what double dealing in reference to england . witness their own relation of his majesties escape or retirement ; indeed they have as many several designs as they are parties in the army ; and all tend to a new war , if hiding or driving of king , parliament and religion our of the kingdom wil do it , under the notion of peace and truth or common right and freedom . what indeavoring to charge their own treasons * and mischiefs upon other mens shoulders ; all which together with the present necessity of settling the king and kingdom , relieving ireland , easing the kingdom of those unnecessary , taxes , as free quarter and all other charges upon the poor country ▪ occasioned by the armies disobedience ; i say , as all these cals for fasting and prayer , and for humbling our selves to a happy speedy union ; so shal it also be the dayly prayer and sincere indeavor of yours and the kingdoms humble and faithful servant , a. t. englands sickness , irelands dying , and scotlands sad complaints are from our ●rethrens mischiefs we thought to be the saints . our religion and liberty the glory of this nation , is through their disobedience brought neer to desolation . and without our god step in to stop their persecution , we may expect at last , the parliaments dissolution ▪ and ●nstead of king & parliament , the pillars of this kingdom have community and parity for common right and freedome . but that sincere repentance may be their resolution . god give them grace , and pardon too , and send a good conclusion finis . notes, typically marginal, from the original text notes for div a e- * for do not soldiers usurp the parliaments authority , which is one fair step to it ? and for the ministry , they 'l be preachers ; rome may keep their iesuits at home these wil do their work for them if god prevent not . * the junto or mock parliament at putney . * is there not jugling in the kings being found at the ifle of wight . i wish his person be not st●l in danger ; and that we knew the truth . * if you see them shot to death for their attempts upon the king , parliament & city , then i hope al wil be wel , no as bad as ever without peters repentance ; even among the head officers , who sin in that also ; is it not as just for the agitators to disobey their officers as for them to disobey the parliament . * what is your own child turn'd a monster that you are asham'd to own it . * the lord maior , aldermen , the members of both houses , and divers others occused of high treason or misdemeanors . * how y●u have k●pt the coven●nt let your conscie●ces speak , that have not only ●uffered the priviledges of parliament to be b●●ken , but have broken them your selves . do not your own consciences check you if they do defer n●t repentance , un●avel & und● what you have rashly done ; for i hope you see what it is to let the golden 〈◊〉 of government loose , and if you be real converts leave jugling . * to be sure they have not power to defend king , parliament and kingdom , as appears by the kings flight at their confession & practice dayly . do not the gen●ral counc●l drive one way and the agiltators another ●● the best lie , gen. cromwel can do is but to obstruct their treason , which they chuse to suffer in h●●es of a better opportunity to act it ; and it s wel known have no smal party , and are in a desperat● c●●dition . * what difference between privat tampering now and sir io●●●●thans treasons or is there liberty for saints to act what was treason as they say in the . members or any elle ? or is this the way to peace to keep the parliament in the dark , or if they wil see to putout their eyes ? this machivil an polcy wil never restore englands peace surely it s neither the victory over the agitators , nor the general councel , nor any other select number of officers in the army but the armies obedience to the parliament , & the freedom of parliament and application of both kingdoms to his majesty that 's likely to procure a firm & lasting peace to the most honourable the house of peeres, and the honourable house of commons assembled in parliament. the humble petition of the baronets, justices, and gentlemen of the county of devon at their generall sessions. this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the most honourable the house of peeres, and the honourable house of commons assembled in parliament. the humble petition of the baronets, justices, and gentlemen of the county of devon at their generall sessions. england and wales. parliament. sheet ([ ] p.). printed for h. blunden, [london] : . place of publication suggested by wing. with engraved border. annotation on thomason copy: " " in publication date has been altered to " ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . devonshire (england) -- history -- early works to . great britain -- history -- civil war, - -- early works to . a (thomason .f. [ ]). civilwar no to the most honourable the house of peeres, and the honourable house of commons assembled in parliament.: the humble petition of the barone england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the most honovrable the hovse of peeres , and the honovrable hovse of commons assembled in parliament . the humble petition of the baronets , justices , and gentlemen of the county of devon at their generall sessions . sheweth ; that your petitioners observing to our comfort your infinite labours , and to our sorrows your abounding pressures and incombrances ; and studying how we might possibly in our degree contribute to your help ; the complaints and fears of our countreymen herewith commended to your view , have given us an overture , charging us , by all the interest of our common welfare and danger , to represent to his majestie , and your honors , their present distresses and expected miseries . the port towns as they are for the most part the first receivers of forraigne intelligence ; so are they soonest sensible of inconveniences occurring by the proceedings of their trade , losses by turkish pyrates , crosses by the irish rebellion , and london distractions though first felt , yet are these their least feared calamities ; neither do the flocks of poore protestants coming from that kingdom robd of their late good fortune , and now depending upon their christian charity so much affright them , with the charge of their relief . as for the threatning messages they bring from their woolvish enemies , that the bounds of that kingdom shall not limit their malicious tyrannie : so these as your honors may perceive by the perusall ( which we humbly pray you to afford ) they adde the popish plots by your wisedom and vigilancie alreadie discovered , as certain arguments of warre intended and readie for execution . and all this they do with so much probabilitie conjecture to proceed from the practises of the popish lords , and their constant adherents in most of their votes , the prelates in the house of peers , as your petitioners concurre with these our neighbours in opinion and desires , that your honors would once more imploy your endeavours to our most gracious king , to exclude papists from his great affairs , and his prelates from temporall iurisdiction . by the bearers hereof your petitioners have presumed to make the like tender to his majesties royall hand , being from thence confident of their happie effects ; instead of distractions , unitie ; for remora's , celeritie ; for misunderstanding , correspondencie . and by the mercie of god upon his church and people , and upon the best of kings their supreme governor ; prerogative and priviledge will kisse each other , when his maiestie shall think it his greatest honor to grant your just priviledge , and you acknowledge it your best priviledge , to enioy the benefit and glorie of his due and princely prerogative . for these and all other wished felicities , your petitioners shall ever pray , &c. printed for h. blunden , . a sermon preached before the artillery company of london, september , at st. mary le bow, and at their request published by john scott ... scott, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon preached before the artillery company of london, september , at st. mary le bow, and at their request published by john scott ... scott, john, - . [ ], p. printed for john baker ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. -- honorable artillery company of london. bible. -- o.t. -- proverbs xxviii, -- sermons. courage. sermons, english -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preached before the artillery company of london , september . . at st. mary le bow ; and at their request published . by john scott , rector of st. peter poor , london . london , printed for john baker , and to be sold by him at the three pigeons in s. pauls church-yard , and by walter kettilby at the bishops head. . to the honourable sir joseph sheldon knight , and alderman , president of the artillery company . sir william prichard knight , and alderman vice-president . sir matthew andrews , treasurer . as also to stewards . the right honourable , marq ss . of worcester , earl of shrewsbury , earl of mulgrave , earl of berkley , the right worshipful , and worshipful , s r. jonathan raymond , s r. simon lewis , s r. benjamin newland , cap t. benjamin harvey , and to the whole court of assistants , field-officers , captains , and gentlemen , professing and exercising arms in that renowned and honourable society . right honourable , &c. the design of this discourse is to wipe off one of the lewdest calumnies that was ever cast upon our holy religion , viz. that it is apt to render men cowards , and to unsit them for great and hazardous undertakings . how successfully i have effected it you have obliged me by this publication to leave to the judgment of the world ; which i assure you i do so much reverence , that had not your commands , and the many examples of obedience before me obliged me to it , i should never have presumed to concern it in the cause , especially now when it is so continually harassed with an epidemical itch and licence of scribling ; and through the numerous appeals that are every day made to it , is forced to keep term without any vacation : but since you will needs have it published , i must crave leave to tell you , that you are finely drawn in ; for by your approbation you have made it your own , and are become accountable for all the faults of it : so that now you are not only obliged in honour , as you are souldiers , to shelter it , as it is a helpless thing , that flees to you for protection , but also in your own defence , as you are wise men , to vindicate it , as it is a retainer to your good opinion ; this you get by obliging men to appear before the world under your patronage . but i would advise our carping censurers to have a care what they do ; it is a daring act to affront the iudgment of an artillery company , and however he that doth it may succeed , he will be sure to come off with this scarr upon his reputation , that he hath a great deal of courage indeed , but very little wit. and now that i have fenced it about as well as i can with your authority , i humbly submit to your perusal , and remain , right honourable , &c. your most obliged , and most obedient servant iohn scott . a sermon preached before the artillery company . proverbs xxviii . . the wicked flee when no man pursues , but the righteous are bold as a lion. the two great ingredients that go into the composition of an accomplished souldier are courage , and good conduct : as for the latter of these , it is the peculiar subject of your profession , and falls not under the cognizance of our spiritual tacticks ; nor was it ever well for the world when the pulpits , which were designed for oracles of the gospel of peace , rung with battels , and alarms , and that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that soft and still trumpet of meekness , and charity , and obedience , which should sound from hence , was out-noised , and drowned with the thunder of drums , and the roaring of canons . sure i am , in our commission we have no instructions to put on any armour , but the whole armour of god , to list any volunteers but for heaven , or proclaim any war but between men and their lusts , from which all other wars and fightings do proceed . and being of so distant a profession , we may very well be excused if we understand not the language of your discipline , if we cannot talk in rank and file , and flank and rear our discourses with military allusions ; in which it is as easie for us to be absurd and ridiculous as for a fresh-water souldier , that , being to make a speech to a company of sailers , will needs interlard his harangue with terms of navigation . wherefore , in reverence to your skill and judgment in your own profession , i shall chuse to leave hercules his club in his own hands , who knows much better than i how to wield and manage it ; it being , in my opinion , not altogether so decent for a divine to read lectures of war before hannibal . but as for that other ingredient of a good souldier , viz. courage and resolution ( it being a christian vertue , and as such , necessary not only ( though more especially ) for you , but for all others who intend to continue faithful souldiers under the common captain of our salvation ) it is upon this account a very proper argument both for the speaker , and the hearers , and as sutable to the place , as it is to the occasion , and therefore , in compliance with both , i have chosen this text , in which you have cowardize and courage resolved into their first principles , the wicked flee when no man pursues , but the righteous is bold as a lion. in these words you have all mankind distinguished by their proper characters into two sorts : the first is the wicked , under which name all bad men , of whatsoever denomination , are comprehended , whether they be irreligious in their belief , profane in their manners , or hypocritical in their designs and intentions , and the character here by which they are all distinguished , is , that they flee when no man pursues ; i. e. they are of such base and timorous spirits , that they are ready to run away from the least shadow of danger , though it hath nothing of substance or reality in it , and being haunted with an ill-boding mind , flee before the spectres of their own fancies . which words are not to be so understood as if every wicked man were actually a coward , for that contradicts experience , and we know there is a sort of valour which naturally springs out of the very crasis and temper of mens bodies , which is nothing else but a certain impetus , or brisk fermentation of the bloud and spirits ; and this is common to bad men with good , accordingly as they happen into a warm and vigorous constitution . the meaning therefore is , that they are cowards in their causes ; that their wickedness naturally tends to effeminate them , and will certainly do it , if it be not strongly counter-influenced by the vigour of their bodily temper . the second sort into which mankind is here distinguished is the righteous , by which phrase the scripture is wont to express all good men in general ; and that for very good reason , because all instances of goodness whatsoever are in strictness acts of righteousness , either to god , or to our selves , or to our neighbours ; so that justice or righteousness is the common point whence all the lines of our duty are drawn , and wherein they all concenter . now of this sort of men the proper character is , that they are as bold as a lion ; which words do not import every good man to be actually a cordelion , to be as bold , and stout-hearted as that couragious animal is , before whom all the beasts of the forest do tremble ; for as some bad men are valiant by nature , so are some good timorous and faint-hearted , and it is a very hard thing to cure by discipline that which is the natural defect of constitution . this expression therefore must be understood in the same mitigated sense as the former , the righteous are bold , i. e. their righteousness tends to make them so ; it hath such an animating vertue in it , as will ( if it be not over-powered by an invincible timorousness of temper ) convert a poultroon into a hero , and imbolden the meanest spirited to confront the grimmest danger , and charge it with an undaunted resolution : for thus the scripture usually speaks of men as if they actually were what they have great cause and reason to be ; thus in isa. lvii . . the wicked are like the troubled sea when it cannot rest , whose waters cast up mire and dirt , i. e. they are continually agitated with their own restless thoughts , just like the sea with its reciprocal tides : not that this is always actually their condition , but that they have always just reason to be so . so prov. xvi . . righteous lips are the delight of kings , and they love him that speaketh right ; which is not to be so understood as if in fact it were always so ; for experience too often evinces the contrary , but the meaning is , that kings above all men have reason to delight in men of truth , and honesty , and fidelity . and so in the text , the wicked flee when no man pursues ; that is , a wicked man hath great reason to be timorous , for he hath all the moral causes of baseness and cowardize within his breast : but the righteous is bold as a lion , i. e. he hath reason to be so , his mind being inspired with the most pregnant principles of a brave and undaunted resolution . the words being thus explained , the sense of them resolves into this proposition , that wickedness naturally tends to dishearten and cowardize men ; but righteousness and goodness to encourage and imbolden them . the truth of which i might easily demonstrate by an induction of particulars , were it proper to draw a list of those ancient heroes , whose names are renowned in the memoires of fame , the greatest part of whom were as illustrious for their piety and goodness , as for their valour and great atchievements , and who , as the historian observes of the ancient romans , conquered much more by the charms of their vertues , than by the terrour of their swords . but i am not at leisure to tell stories , and therefore for the confirmation of the argument in hand , i shall endeavour , as briefly as i can , to represent to you what those things are which do naturally contribute to the making men couragious , and to shew you that they are all to be found in righteousness , and their contraries in wickedness ; which if i can make good , i doubt not , will abundantly convince you , that the best way to be good souldiers is to be good men ; and that though you may furnish your selves with art and conduct in the field , yet you can never acquire true courage and bravery till you have been trained and exercised under the banner of jesus . now to make men truly valiant and couragious these six things are necessary : first , that they be free , and within their own command . secondly , that they be well hardened to endure difficulties and inconveniences . thirdly , that they be well satisfied in the nature of their actions and undertakings . fourthly , that they have a hopeful prospect of being well seconded . fifthly , that they have a probable security of good success . sixthly , that they be born up with the expectation of a glorious reward ; all which causes of courage are to be found in righteousness , and their direct contraries in a sinful and wicked course of life . i. one cause that very much contributes to the making men couragious , is their being free , and within their own command ; for slavery naturally depresses the mind , and by accustoming men to a severe and rigorous treatment , habituates them to fear and pusillanimity . it is no new observation , that slaves are generally cowards ; of the truth of which we have many woful instances in the world , for how many nations are there who were heretofore renowned for their courage and puissance , when they enjoyed their liberties and properties , under gentle and benign governments , that are now utterly unmanned , and dispirited by oppression and slavery . but now a righteous man can never be enslaved , because he hath gotten the victory of himself , and is his own master ; he hath trained up his passions to a severe obedience to his reason , and so has all his motions under his own command , and it being in his power ( at least in a good measure ) not to love any thing but what he hath good reason to love , not to desire any thing but what he hath fair hope to enjoy , not to delight in any thing but what is in his power to possess and keep , it being , i say , in his power to be affected as he pleases , and to regulate his own motions according as he thinks fit and reasonable ; he may chuse whether he will be a coward or no , and should the grimmest danger stare him in the face , yet supposing him to have such a command of himself , as not to desire what he cannot have , not to dread what he cannot prevent , not to grieve and vex at what he cannot avoid ; he may throw down the gauntlet to it , and defie it to do its worst . now one great office of righteousness is to do right to a mans self , to rescue him from the tyranny of his passions , and reduce him under the command of his reason , and the more successful it is in this great undertaking , the more valiant and magnanimous it must necessarily render us ; for the more a mans passions are subdued to his reason , the more presence of mind he will have in all dangers and difficulties , and the more able his reason will be to counsel and advise him , and to fortifie his heart with brave considerations . so that when a man hath made any considerable progress in the conquest of himself , he will be so much in his own power , that no danger will be able to divide him from himself , or scare him from the post of his reason , and while death is whizzing about his ears , and bloud and slaughter , terrour and confusion are round about him , his mind will be invironed with invincible thoughts , and guarded with such puissant considerations , that no outward force will be able to approach it . and thus freedom ( you see ) from the slavery of passion , which is an effect of righteousness , is an effectual cause of courage and magnanimity . but in wickedness a great part of this slavery consists , for in this state men are intirely governed by passion and appetite ; as for their reason , that sits by as an idle spectator of the brutish scene of their actions , and intermeddles no farther in it than to censure and condemn it , having no other office allowed it but to cater for their appetites , and enable them to play the brutes with greater luxury and rellish ; and being under the command of such masters as these , we are out of our own power , and cannot dispose of our selves as we please , for either our passions and appetites must be governed by our reason , or by the goods and evils that are without us ; and if these govern us , we are not our own men , but do live in subjection to a foreign power , and we must be what the things without us will have us , and not what our own mind and reason : our mind must turn about according as the wind blows , and like water we must take our form from the vessels we are poured into ; and when the passions and appetites that over-rule us are thus over-ruled by the chances and contingencies without us , how is it possible we should be truly couragious ? for now when any danger looks us in the face , we can have no present relief from our reason , having all along disused our selves to consult and advise with it , and so every alarm of danger from without will presently raise a tumult within , and put the whole soul into an uproar , in which the mind is left naked of all relief , and utterly abandoned of those wise and brave thoughts which should guard and defend it . and a mans thoughts and considerations being thus defeated and put to the rout , he must either sink under his danger , or charge headlong upon it fool-hardily or desperately ; for now he hath no other courage to support him , but either that of a mastiff , that fights because his bloud is in a brisk fermentation ; or that of a rat , that flees in his enemies face because he is desperate of escaping . ii. another cause that mightily contributes to the making men couragious is their being well hardened to endure difficulties and inconveniences , for how distant soever a state of softness and delicacy is from that of slavery , yet it concenters with it in the effect , and by a different quality produces the same base and unmanly temper . for as slavery cows the spirit by rigorous and servile usage , and suppresses and stifles all its generous emotions , so softness and delicacy doth so melt and dissolve it , that it hath not the firmness to resist any violent impressions , but is ready to shrink at the least touch of evil , or appearance of danger , having been accustomed to nothing but pleasure , and wrapt up in ease and voluptuousness ; and hence we see , that though the valour and courage of nations be very much owing to the temper of the climes in which they are situated , yet by the exercise of temperance and severe vertue the inhabitants of the most effeminate climes have sometimes improved themselves into the most heroick and magnanimous of all nations , as the romans and persians for instance : as on the contrary , those who by the temperament of their native air and country are naturally the most hardy and couragious have many times by their dissolute manners been broken and dispirited into the most wretched coward ; as the english for instance , who though they have been ever remarked for a people of a daring and undaunted genius , have yet sometimes been so melted by their own luxuries , as that they became preys to every dog that hunted them . but now righteousness including in it those severe vertues of industry , and patience , temperance , and mortification of our appetites , doth effectually contribute to the confirming and hardening the tempers of men , and the taking off that softness and delicacy of spirit which renders them so tender and impressive , so that by exercising our selves in these manly vertues , by inuring our selves to an active life , and to bear evils and injuries with a brave indifferency , by reducing our appetites to the measures of nature , and moderately disciplining them with fasting and abstinence , we shall by degrees be so steeled against hardships and difficulties , that that which makes effeminate minds to flinch and startle will scarce be able to make any impression upon us . for as the light of the sun , and the freshness of the air , which are apt to offend those that are tender and sickly , are not only tolerable , but delightful to men of hail and vigorous constitutions : so many of those little hardships , which do so trouble and incommode the tender and delicate , are so far from disturbing the patient and temperate , that they only refresh and divert them . and it is such a mind only that is fit for a souldier , that will enable him to undergo the glorious toyls and fatigues of war , to endure a hard march in the day , and to sleep upon a harder pillow at night , to follow victory through heat and cold , thirst and famine , sweat and bloud , and seize and pluck it from the arms of hazards and difficulties , wherewith it is compassed and surrounded . these are things that require a firm , a hardy mind that hath been trained up in severity , and is grown strong and hail and vigorous in the exercise of a manly vertue . but now wickedness softens and dissolves the temper by letting loose the desires and appetites of our flesh to sensuality and voluptuousness , to rioting and drunkenness , to chambering and wantonness , to pride and vanity , to gluttony and idleness , and all manner of effeminate delicacy and dissoluteness , which are such vices as will emasculate the bravest mind , and by degrees spoil the strain of the most valourous nations ; and were i to prescribe for the cowardizing of a nation , it should be the boul of intemperance , the bed of sloth , and a dalilahs lap , which are charms sufficient to effeminate a hero , and metamorphose a lion into a timorous hare : for when men have been trained up in excess and voluptuousness , and their minds are contempered and naturalized to it , the least hardship or difficulty will be terrible to them ; so that if ever they should be forced out of the lap of pleasure into the lists of war , ill quarters and a hard march will kill them without a battel , and the least sense of pain , or appearance of danger will presently strike their spirits and air , and turn all their bloud into a trembling jelly . if the business of souldiers were only to wear a scarf , or a feather , or to swelter an hour or two in buff ; if they were to fight in a field of down , and to spill no other bloud but that of the grape , there is no doubt but the school of epicurus would make an incomparable nursery for the camp : but to march under a load of armour all day , and then to freez to the ground at night , to sleep with drums in their ears , and be waked with alarms , to run on upon spears , and charge at the mouths of canons whilst they are spitting fire , and roaring out destruction , these are such rude and scurvy things as will never be endured by a soft and delicate epicure . iii. another cause that mightily contributes to the making men couragious , is their being well-satisfied with themselves , and with the nature of their actions and undertakings ; for our understanding being our leading faculty , the eye that is to direct the feet of our practice , and to guide and mannage all our voluntary motions , it is impossible that whilst that doth either disapprove or doubt of our actions we should ever be able to act with steadiness and assurance ; for while a man acts with a misgiving mind , and that which should be the guide of his actions is dissatisfied with his way , he walks like a benighted traveller in a dangerous road , and is fain to feel out his steps , and tread gingerly , and cautiously , lest he should stumble into a bog , or a precipice , and so being accustomed to act with fear and anxiety , his courage dissolves , and his heart grows creeping and timorous . but now the righteous man acts with the full consent and approbation of his mind , and has no by-ways from the road of reason and conscience , but keeping strait forward , as he doth in the plain tracts of eternal goodness , he treads firmly and boldly , being secure of the ground he goes upon , and is neither ashamed , nor afraid of his own actions , which , being such as his best and purest reason approves , have the chearful euges and applauses of his conscience continually echoing and resounding after them ; and this animates his courage , and invigorates his heart with a generous confidence and assurance ; in the sense of this he can smile upon misfortune , bid defiance to danger , and bear up his head in the lowest condition . for as long as his own mind doth neither threaten nor accuse him , he can retire into himself when he is driven out of all other retreats , and there live merry and secure in despite of the world , and while he can house himself in the sense of his own vertue and innocence , he hath an impregnable shelter against all storms from without ; well therefore might the apostle call it , the breast-plate of righteousness , eph. vi . . it being that which secures us against all outward violence , and renders our minds invulnerable by the smartest blows of misfortune . but so long as a man lives wickedly , he can never be satisfied with himself , because in the whole course of his actions he contradicts his own reason , and offers violence to those eternal laws of righteousness and goodness which are inseparably interwoven with his faculties : so that whenever he comes to appear before himself , and answer for his actions at his own tribunal , his own mind explodes and condemns him , and like a false renegado , as he is from the natural principles of his reason , he is fain to run the gantelope through the terrors and reproaches of his own conscience , which he hath no other way to escape but by running out of himself , and taking sanctuary in the crowd of his lusts , or secular affairs and diversions ; for as tertullian observes , omne malum aut timore aut pudore natura perfudit ; nature hath poured fear or shame upon the face of all wickedness ; both which do naturally intimidate our minds , and for different reasons incline us to run away ; shame , that we may not be seen ; and fear , that we may not be taken . when therefore men have always these two furies at their heels , haunting and pursuing them throughout the whole course of their actions , what wretched cowards must they be when any outward danger or calamity approaches them ? when all is smooth and prosperous without , they may shelter themselves there from the persecutions of their conscience ; and when all is calm and serene within , they may shelter themselves there from the persecutions of the world : but when both are bestormed , whither can they flee ? when danger and destruction are drawn up in battel-array against us from without , and we are alarm'd at the same time with the shame and terrour of a guilty conscience from within , so that we are charged all at once , front , and rear , and can neither go on , nor retreat without cutting our way through horrour and confusion . this is enough to disarm the stoutest resolution , and sink the courage of a lion into a panick dread and desperation . iv. another cause which very much contributes to the making men couragious , is their having a hopeful prospect of being well seconded ; for when a man apprehends that he is left all alone in the midst of danger , or that he must encounter it with unequal forces , that he is not back'd with sufficient auxiliaries , or that the advantage of strength and power lies on the other side , it must needs be a mighty allay to his courage . now the greatest power that we can either dread or depend on is gods ; and therefore according as we apprehend him to be engaged either for , or against us , our courage must necessarily rise or sink : for the apprehensions of god and his providence are so natural to us , and do cleave so close to our minds , that though with our jovial airs we may sometimes lull them asleep , yet the least alarm of danger usually rouses and awakes them , and puts our mind upon the enquiry whether he be for , or against us , and according to the answer we receive from that bosome oracle , our good or bad conscience , we are naturally confident or afraid . now righteousness , being the crown and glory of gods own nature , and that for which he infinitely loves and esteems himself , can never fail wheresoever it resides to engage him of its side . when therefore we are so fully assured , that the righteous lord loves righteousness , upon the testimony of our conscience that we are sincerely righteous , we cannot but conclude him to be our ally and confederate , and consequently that our interest is his , and his power ours ; and when i have his all-seeing eye to direct , and his all-powerful arm to assist and second me ; when i have all the attributes of his infinite nature pitching their tents , like guardian angels , about me , and my head is covered in the day of battel with the impenetrable helmet of his providence , with what an undaunted resolution must such a persuasion inspire me ? we have a late and woful instance among our selves of the courage with which a false persuasion that god was with them did animate and inspire men , when they were wont to say grace to their bloudy banquets , and rise from their knees with an enthusiastick assurance , and so run on to the battel , flusht with powerful incomes , and manifestations of victory . when the flaming zealots fell on with psalms in their mouths , and chased the huffing hectors , and notwithstanding the disadvantage of the bad poetry , and the worse cause , the psalms proved too hard for the oaths and blasphemies . when therefore upon firm and rational principles , upon turning their eyes from god to themselves , upon comparing grace with grace , and feature with feature , and surveying the fair agreement of their nature with his , they are throughly persuaded and satisfied that he is their friend ; this must needs mightily animate their courage , and enable them to bear up against the most threatning dangers . but when a man is conscious to himself that he is in rebellion against god , and thereupon apprehends himself not only cashiered from his protection , but also exposed to his almighty vengeance , this must needs render him timorous and faint-hearted , if he hath any consideration about him : for alas who can be couragious against god ? what heart can bear up against the terrour of his thunder-bolts ? which are always shot with such an infallible aim that none can escape , and with such an invincible force that none can resist them : so that a wicked souldier must necessarily forego either his reason , or his courage , and degenerate into a craven , or a brute ; for with what heart can he look an enemy in the face when he considers that the lord of hosts is against him ? who can look him into nothing , and confound him with the breath of his nostrils when he pleases ; who can array the whole creation against him , and whilst his enemies from below are thundring vollies of destruction at him ; can play upon him from above with all the artillery of heaven , and cause the stars in their courses to fight against him . what a miserable plight must the poor wretch be in , if he hath any sober thoughts about him , when heaven and earth and his own conscience are in confederacy against him , and are storming all at once about his ears . but i must hasten . again v. another cause that very much contributes to the making men couragious , is , their having a a probable security of good success ; for hope is the spur of valour , that quickens and puts life into it , that revives it when it is drooping , and supplies it with fresh recruits of spirit and vigour when it is languishing , and ready to expire ; and when once hope , which is the soul of it , is departed from it , it presently falls prostrate , or converts into desperate rage . but as for the righteous , such is their condition that they can never be hopeless , because while they continue such , they live in a constant dependance upon the protection of that god who over-rules and disposes all the events that can befall them ; and being continually animated with this persu●sion , that there is nothing can happen to them but by his decree or permission who is infinitely wise , and knows what is best for them ; infinitely good , and wills what he knows ; so infinitely powerful , and doth what he will ; they will still be expecting good issues from the worst events , and so their hope will shine bright upon them in the darkest condition . when their enemies are threatning or designing mischief against them , they know that their almighty guardian and protector holds their malice in a chain , and that it can never bite , how fiercely soever it may bark at them , unless he let it loose ; which they are secure he will never do , but for such wise and good ends as they themselves would approve of , did they but fully comprehend them . they have duly considered what their enemies can inflict , and do find that the worst of it is tolerable , whilst they have a god to depend upon ; that though banishment be a dreadful word , it imports but little more in it self than travel , or a long voyage , which is a voluntary exile ; that unless they will they cannot be banisht from god , and that so long as they secure their innocence , their conscience , and their hope of heaven , they may make themselves a paradise in the most barren wilderness . that if they should suffer imprisonment , and be secluded from humane conversation , it is no such dismal thing for a man to be kept within doors ; to be snatched out of the croud and hurry of the world , and forced to retire within himself , and converse with god , and heaven , and his own thoughts , that these are company enough to entertain a mans solitudes , and to supply the want of the noise of the world , in which there is commonly so much folly and discord , that if they should be tormented to death with instrustruments of cruelty , which is the worst thing that can happen to them , they must have died at last , though not by such unnatural means , only now they die a little sooner , and so anticipate their eternal happiness ; and that if they had died a natural death , probably the torment might have been much greater ; that they might have languished much longer under the gout , or stone , or strangury , than under the hands of the executioner , and endured the same degree of torment without the comfort of dying in a brave cause , or of being assured of an immortal recompence . and having thus considered things round about , their hope bears up bravely against all events , and from the blessed rock of salvation , where it dwells , looks down upon the waves of their enemies malice , and smiles at their vain attempts to overwhelm it , and securely expects till they have dashed themselves in pieces , and are forced to retire back again in empty passion and foam . thus while we depend upon god , in whose hand is the disposal of all success , we shall never want reason to hope well , and whatsoever dangers may threaten , or mischiefs befall us , our courage will be still supported with this brave persuasion , that nothing can come amiss that comes from a good god , who knows how to extract good out of the worst of our evils , and to render the rankest poysons cordial . but as for the wicked , they can expect nothing from god whilst they continue so , but dire and dismal effects ; for all their actions being open defiances to his authority , they have all the reason in the world to conclude , that he will deal with them as enemies , that he will throw them from his care and protection for ever , and persecute them with fire and sword to eternal destruction : when therefore they consider that he hath the disposal of all those events that befal them , they cannot but see great cause to be affraid of every thing , to suspect even his favours , lest there should be a snake in the grass ; lest he should fume their enjoyments with poyson , and infuse a disease into every breath of their air ; lest he should make their table a snare to them , and serve in the plentiful provisions of it only to fatten them for the day of slaughter ; lest those little successes he sometimes gives them should be only a retreat of his providence to draw them into an ambuscado , and involve them into sorer mischiefs ; lest when he rescues from less evils , it should be with an intent to reserve them for greater , and when he delivers them from the frogs , and the lice , and the locusts , he should be only preparing a more glorious vengeance for them , and contriving to overwhelm them in the red sea ; in a word , lest he should heap the good things of this world upon them as the romans did their ear-rings and jewels on the treacherous vestal , only to crush and smother them , and carry them aloft , as the eagle did the tortois , with an intent to give them a more fatal downfal . for how can they be secure of any thing that comes from the hand of that god who is enflamed with such a just indignation against them ? and then when any danger is marching towards them , they have nothing but the arm of flesh to confide in ; and if that prove too weak , they are desperate . but how can they be secure that this should prevail , when they know there are such numberless accidents under the command of their almighty enemy , that can either disarm it , or turn the point of its weapon on it self ? but then if any storm happen to overtake them , whither can they go ? alas , they have no harbour to put in at in all the dominions of god ; no promise of deliverance , no security of support or protection , no ground to hope for any future advantage from the present calamity , but like miserable wrecks they are abandoned to the mercy of the winds and waves , and in a fearful expectation how the next billow will dispose of them , whether it will dash them on a rock , or drive them on a quicksand ; and in such dismal circumstances who but a mad man can be couragious ? vi. and lastly , another cause which very much contributes to the making men couragious , is the expectation of a glorious reward : good pay will make brave souldiers ; for when men have a good interest in any difficult undertaking , that will buoy up their courage , and render them firm and resolute against all the dangers and difficulties that oppose them ; whereas when they have little or nothing at stake they are commonly indifferent whether they win or lose . reward therefore being the center of our hope , and hope the support of our courage , we shall in all attempts be more or less couragious , proportionably to the reward which we expect to reap from our labour . but what reward is comparable to that of a righteous man ? who lives upon the blessed hope of being translated when he goes from hence to those immortal regions of bliss and joy , where all the blessed inhabitants live in a continued fruition of their utmost wishes , being every moment entertained with fresh and enravishing scenes of pleasure , where all their happiness is eternal , and all their eternity nothing else but one continued act of love , and praise , and joy , and triumph , where there are no sighs or tears , no intermixtures of sorrow or misery , but every heart is full of joy , and every joy is a quintessence , and every happy moment is crowned with some fresh and new enjoyment ; and the being animated with such a glorious hope is enough to make the most crest-faln soul couragious ; for the worst that any danger can threaten is death ; and what need he be afraid of passing this cold fatal stream that sees a heaven on the farther shore ? such a blessed prospect is enough to enable a man to out-face the fearful of fearfuls , and to charge through all his horrors with an undaunted resolution ; to make a souldier mock at fear , like the warlike horse in job , and to stand at the mouth of a breach while it is spewing thunder and lightning ; for while he is possest with this blessed hope , every danger beckons him to heaven , and every wound is a sally-port into a blessed eternity ; and being assured in his own mind that the bullet that strikes his body to the ground must shoot up his soul above the stars , and that if it be his hap to fall in the battel , he shall certainly rise from the bed of honour to the crown of glory ; he laughs at the impotent threatnings of danger , and bravely defies it to do its worst . but the quite contrary to this is the case of wicked men , for though whilst they stand at a distance from danger , they may make a shift to drown their sense of another world in deep draughts and loud laughter ; yet we usually find , that when danger draws near them , and begins to shake its dart at their breast , natura recurrit , the bold men begin to quake , and are seized with dismal expectations of a fearful state of things on the other side the grave ; it is plato's observation long since , [ de repub . lib. . ] 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when a man imagins himself within danger of dying , he is usually seized with a great horrour and anxiety concerning those future things which before he never thought of . now how must it needs dastardize a souldier , if when he is going into the battel , the near approach of his danger should awaken such thoughts as these in his mind ? i am now entring upon the confines of the world of spirits , and if by any of those winged messengers of death that fly about me i should be dispatch'd thither , lord what will become of me ? my conscience condemns me , and these numerous guilts that stare me in the face , bode me a woful fate there , so that i plainly perceive i am marching upon the brinks of a black and dismal eternity , and that if i happen to fall i am lost and undone for ever . if with such thoughts as these about him , he dares stand his ground he is a couragious sinner indeed , fit for a forlorn-hope : but alas how is it possible he should keep up his heart , when his misgiving conscience suggests such fearful thoughts as these to him , when it tells him that his enemies artillery are charged with hell , and if they hit will strike him down into the bottomless abyss ; that their swords will cut through to his very soul , and wound it to eternal death ; that every bullet they shoot at him brings with it a pasport to a woful eternity , and that at the mouth of every wound they give him there waits a devil to seize his soul as it sallies forth , and carry it captive to the dark prisons of the damned . doubtless such dire abodings as these , which are natural to guilty consciences , must necessarily appale the stoutest resolution . and now having given you such an abundant proof of the truth of the assertion in the text , i shall conclude the whole with one word of advice to you of this honourable society . you are a body of men whose bad or good conduct of your selves is of very great importance to the publick , each man of you being virtually a company , having not only interest enough to raise your own men , but also skill enough to form them into excellent souldiers ; you are the standing mint , where the brave english mettle is to be coin'd , and to receive its martial stamp and impression ; and being so , it is doubtless very much in your power either to raise or to debase it ; and since it is from your discipline that your souldiers must learn their manners as well as their postures , it concerns you to be instructed not only with the exactest skill , but also with the bravest courage ; and from whence you are to derive this i think hath been sufficiently demonstrated , even from righteousness and universal goodness . wherefore let me beseech you , as you are men , and christians , and souldiers , to betake your selves to the serious study and practice of this comprehensive duty , in which all vertue and religion is included , to purge your consciences from dead works , and discharge your selves of all those pollutions of the flesh and spirit , which do so naturally disarm your courage , and overspread your minds with baseness and pusillanimity , and to exercise your selves in all that piety and devotion towards god , loyalty and obedience towards your prince , justice and charity towards one another , temperance and sobriety towards your selves , to which religion and right reason , the frame of your natures , and your circumstances and relations oblige you ; by the constant practice of which you will acquire such a noble and useful courage as will render you a life-guard to your prince , a wall and bulwork to your country , and make your famous artillery-ground a sanctuary to your city ; for the courage which springs out of righteousness is such as verifies your own motto , arma pacis fulcra , as props up the temple of peace , and preserves it from being violated and prophaned by the sacrilegious rudeness of those that are given to change ; for it consists not in an unruly warmth , or head-strong violence of temper , in an unbridled fierceness , or factious impatience of government , but is calm , and well managed , and easily commanded ; so gentle , that it neither throws , nor runs away with its rider , and yet so well metled too , that it never tires under him ; for if you be couragious from a principle of righteousness , you will honour the king as well as fear god , and obey his ordinances for gods sake ; you will never conduct a rebellious design under the sacred banner of religion , nor pretend loyalty to god to colour your disloyalty to his vicegerent ; you will never press the scriptures to fight against the king , nor arm his political against his personal capacity , nor assume his authority to cut off his head : nor on the other hand will you ever allow him to be unking'd by the sentence of a domineering prelate , and plead that for your warrant to depose and murder him ; you will never yield that a papal bull hath right to countermand the twelfth of the romans , and dispence with a subjects allegiance to his prince in despite of , let every soul be subject to the higher powers ; in a word , you will never confront those loyal admonitions of s. peter and s. paul , with the treasonous canons of the councils of the ungodly ; nor levy arms against your prince upon that counterfeit commission of his being pronounced a heretick by a congregation of impostors . no no , if you sincerely study and practise the rules of righteousness , you will be too wise and too honest to be choused and imposed upon by the transparent sophistries of those hypocrites , of whatsoever denomination , who would fain fetch pretences for their treasons and rebellions from the most loyal and peaceable religion that ever was . and being thus animated with the courage of righteous men , if ever your king and country should need your assistance against foreign or domestique enemies , which god forbid , you will be bravely qualified to be their champions ; and in being so , may promise your selves honour and victory here , and an everlasting triumph hereafter , which god of his infinite mercy grant ; to whom be honour , and glory , and power , &c. finis . desires propounded to the honourable house of commons from denzill holles, esq; sir philip stapleton, sir william lewis, sir john clotworthy, sir william waller, sir john maynard, knights, major generall massey, john glynne esquire, recorder of london, walter long, esq; col. edward harley, and anthony nicoll, esq; members of the honourable house of commons. vvho stand impeached by his excellency sir tho. fairfax, and the army under his command. also their demurrer to the charge: and the votes of the house, giving them leave to goe beyond the seas, and to absent themselves for six moneths: and mr. speaker to grant them passes. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) desires propounded to the honourable house of commons from denzill holles, esq; sir philip stapleton, sir william lewis, sir john clotworthy, sir william waller, sir john maynard, knights, major generall massey, john glynne esquire, recorder of london, walter long, esq; col. edward harley, and anthony nicoll, esq; members of the honourable house of commons. vvho stand impeached by his excellency sir tho. fairfax, and the army under his command. also their demurrer to the charge: and the votes of the house, giving them leave to goe beyond the seas, and to absent themselves for six moneths: and mr. speaker to grant them passes. holles, denzil holles, baron, - . england and wales. parliament. house of commons. [ ], p. by robert ibbitson, printed at london : . annotation on thomason copy: "july ". reproduction of the original in the british library. eng holles, denzil holles, -- baron, - -- early works to . england and wales. -- parliament. -- house of commons -- early works to . england and wales. -- army -- early works to . impeachments -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no desires propounded to the honourable house of commons: from denzill holles, esq; sir philip stapleton, sir william lewis, sir john clotwort holles, denzil holles, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion desires propounded to the honourable house of commons from denzill holles esq sir philip stapleton , sir william lewis , sir john clotworthy , sir william waller , sir john maynard , knights , major generall massey , john glynne esquire , recorder of london , walter long , esq col. edward harley , and anthony nicoll , esq members of the honourable house of commons . vvho stand impeached by his excellency sir tho. fairfax , and the army under his command . also their demurrer to the charge : and the votes of the house , giving them leave to goe beyond the seas , and to absent themselves for six moneths : and mr. speaker to grant them passes . printed at london by robert ibbitson . . desires propounded to the honorable house of commons from denzill holles esquire , sir philip stapleton , sir william lewis sir john clotworthy , sir william waller , sir john maynard , knights , major generall massey , john glynne esq recorder of london , walter long esq col. edw. harley , and anthony nicoll , esq members of the honourable house of commons . who stand impeached by his excellency sir thomas fairfax , and the army under his command . june . . denzill hollis esquire , sir philip stapleton , sir william lewis , sir john clotworthy , sir william waller , sir john maynard , knights , major generall massey , iohn glynne esquire , recorder of london , walter long esquire , col. edward harley , and anthony nicoll esquire , members of the honourable house of commons , all of them present in their own persons , presented a paper to the house of commons , in answer to the particular charge or impeachment in the name of his excellency sir thomas fairfax , and the army under his command , against them , which answer is a demurre to the said charge , and impeachment ; which paper being delivered in by them , the house received it . july . . resolved upon the question by the commons assembled in parliament , that the answer of denzill holles esquire , sir philip stapleton , sir william waller , sir iohn maynard knight , major generall massey , iohn glynne esquire , recorder of london , walter long esquire , col edward harley , and anthony nicoll esquire , members of the honourable house of commons , in answer to the particular charge or impeachment , in the name of his excellency sir thomas fairfax , and the army under his command , against them , be read in the house , ( which was read accordingly . ) july . . mr. greene , a member of the house of commons , acquainted the speaker , that he had a message to deliver to the house , of desires from denzill holles esq sir philip stapleton , sir william lewis , sir iohn clotworthy , sir william waller , sir iohn maynard , knights , major generall massey , iohn glynne esq recorder of london , walter long esq col. edw. harley , and anthony nicoll esq members of the honourable house of commons , impeached by his excellency sir thomas fairfax , and the army . july . . resolved upon the question , by the commons assembled in parliament , that the desires of denzill holles esq sir philip stapleton , sir william lewis , sir iohn clotworthy , sir william vvaller , sir iohn maynard knights , major generall massie , john glynne , esquire , recorder of london , walter long , esquire , col. edward harley , and anthony nicoll , esquire , members of the honourable house of commons , be made to this house . july . mr. greene acquainted the house that he was desired , by denzill holles esquire , sir phillip stapleton , sir vvilliam lewis . sir john clotworthy , sir vvilliam vvaller , sir john maynard , knights , major generall massie , john glynne esquire , recorder of london , vvalter long esquire , col , edward harley , and anthony nicholl esquire , members of the honourable house of commons . to represent their desires to the house of commons . the desires of denzill holles esquire , sir philip stapleton , sir vvilliam lewis , sir john clotworthy . sir vvilliam waller , sir john maynard knights , major generall massie , john glynne , esquire , recorder of london , walter long , esquire , col. edward harley . and anthony nicoll , esquire , members of the honourable house of commons , moved in their behalfe in the house of commons on tuesday july . . whereas his excellency sir thomas fairfax , and the army doe declare , that the proceedings of the house upon particulars and proofes to make good the charge will probably take up much time , and the present affaires of the kingdome in relation to those great matters proposed by them , do ( as they say ) require a speedy consideration and that they propound that those greater and more generall matters of the kingdome be first considered of , and settled . and in regard that it is supposed that the absence of these members will make way for the present more quiet proceedings , to settle the perplexed affaires of the kingdome . that they are so farre from making any interruption or disturbance to the proceeding upon , or settlement of the generall affaires of the kingdome , that they desire . that they may have leave to absent themselves from the house for the space of six moneths to go about their own particular businesses . that they may have liberty , or so many of them as shall desire it , to goe beyond the seas , and have passes granted them during that space of time . that by that time the said six moneths shall be expired , they conceive that the great and weighty affaires , tending to the peace and settlement of the kingdome , will be over , and the house judge it seasonable to call them to a tryall . july . . resolved upon the question , by the commons assembled in parliament , that leave be given to denzill holles esq sir philip stapleton , &c. for the space of six moneths , to be absent from the house , and to goe into the countrey , to follow their necessary occasions of businesse , as they shall thinke fit . resolved upon the question by the commons assembled in parliament . that denzill holles , sir philip stapleton , &c. or any of them , have leave to goe beyond the seas , provided that they return to the parliament within the space of six moneths after this present ; to attend the house upon the businesse concerning the charge brought into this house ( from sir thomas fairfax and the army ) against them . resolved upon the question by the commons assembled in parliament . that mr. speaker grant warrants to denzill holles esq sir philip stapleton , &c. or any of them that shall desire it , to goe beyond the seas , and to return within six moneths after this present time . finis . by the king. a proclamation, commanding all cashiered officers and soldiers, and other persons that cannot give a good account for their being here, to depart out of the cities of london and westminster. england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation, commanding all cashiered officers and soldiers, and other persons that cannot give a good account for their being here, to depart out of the cities of london and westminster. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill, printer to the king's most excellent majesty . at the kings printing-house in black-friers, london : [ ] dated at end: given at the court at whitehall, this th day of december, in the twelfth year of his majesties reign, . annotation on thomason copy: "'ber [i.e. december] ". reproduction of the original in the british library. eng england and wales. -- army -- expulsion -- early works to . soldiers -- england -- early works to . exile (punishment) -- england -- london -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation, commanding all cashiered officers and soldiers, and other persons that cannot give a good account for their bei england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation , commanding all cashiered officers and soldiers , and other persons that cannot give a good account for their being here , to depart our of the cities of london and westminster . charles r. his majesty having a very tender care for the preservation of the peace of this his kingdom ( the sweetness whereof his subjects have begun to taste , after the long miseries of the late troubles ) and being solicitous to prevent all occasions that may give the least vmbrage of the disturbance thereof , and having information that divers of the formerly casheired officers and soldiers , and other dissolute and disaffected persons do daily resort to this city and suburbs thereof , and great numbers of them do at this time remain therein : his majesty doth therefore strictly charge and command all such officers and soldiers , and dissolute disaffected persons , that cannot give so good account of their being here , as shall be approved by some of his majesties privy councel , or the committee appointed for disbanding the army , within two days after publication of this his proclamation , to depart the cities of london and westminster , and suburbs thereof , and to retire and remove themselves at twenty miles distance from the said cities , and there to remain , and not to return to the said cities without leave first obtained , and this to do without fail , upon pain of imprisonment , and his majesties high displeasure . given at the court at whitehall , this th day of december , in the twelfth year of his majesties reign , . god save the king . london printed by john bill , printer to the king' 's most excellent majesty , . at the king's printing-house in black-friers . the observator, upon the successe of former parliaments: being by way of parralell compared with this present parliament. published to un-deceive the people. discourse concerning the successe of former parliaments. may, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the observator, upon the successe of former parliaments: being by way of parralell compared with this present parliament. published to un-deceive the people. discourse concerning the successe of former parliaments. may, thomas, - . [ ] p. printed for i.h. and h. vvhite, londn [sic] : . the observator = thomas may. originally published in as: a discourse concerning the successe of former parliaments. reproduction of the original in the henry e. huntington library and art gallery. eng england and wales. -- parliament -- early works to . great britain -- history -- - -- early works to . a r (wing m b). civilwar no the observator, upon the successe of former parliaments: being by way of parralell compared with this present parliament. published to un-de may, thomas c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the observator , upon the successe of former parliaments : being by way of parralell compared with this present parliament . published to un-deceive the people . londn printed for i. h. and h. vvhite . . the observator , vpon the successe of former parliaments . the constitution of our english monarchy is by wise men esteemed one of the best in europe , as well for the strength and honour of the prince , as the security and freedome of the peopl and the basis , on which both are founded , is the conveniencie of that great councell , the parliament . without which neither can the prince enjoy that honour and felicity , that phillip de commines . a forrainer , so much admires , where he delivers what advantages the kings of england have by that representative body of their people by whose assistance in any action they can neither want means , or loose reputation . nor on the other side , can the people have any possibility of pleading their own rights and liberties , for in the interim between parliaments , the people are too scattered and confused a body , to appeare in vindication of their proper interests ; and by too long absence of such assemblies they would loose all ▪ for ( as iunius observes ) populus authoritatem suam tacitè non utendo amittit ; sic plerumque accidit ut quod omnes curare tenentur curat nemo , quod omnibus commissum est , nemo sibi commendatum putet : the people insensibly loose their power for want of using it : for so it happens , that what all should looke after , no man does ; what is committed to all , no man thinks his own charge . and in that interim it happens , that those optimates regni , who under the prince are entrusted with government , meaning councellours , judges , and other great magistrates , either through fear , flatterie , or private corruption , doe often betray the peoples rights to the prince . the state of government standing thus ; if distempered times happen to be ( as our chronicles have shewed some ) where by dissention between prince and people , the kingdomes ruin hath been endangered , it doth not so much prove that the english government is not the best , as that the best government may be abused . for in every monarchy , how limited soever , the prince his person is invested with so much majesty , that it would seem a mockery in sate , if there were no considerable power entrusted into his hands ; yea , so much as that , if he be bad or weak , he may endanger the ruin of the kingdome ; so necessary is it for all humane ordinances , how wise so ever , to leave somewhat to chance ▪ and to have alwaies need of recourse to god , for his assisting or curing providence . and though the kingdome of england , by vertue of the government thereof , will be as hardly brought into confusion , as any in europe ; yet there is no warrant against the possibility of it . for it was ever heretofore seen , that our parliaments were rather a strength and advantage to an honourable wife prince , than a remedy against a bad or weak one ; or if we change the expression , they were rather an excellent diet , to preserve a good raign in strength , than physick to cure a bad one ; and therefore have bin as much loved by sound and healthy princes , as loathed by them that were out of temper ; the latter having thought them a depression of their dignity as the former have esteemed them an advantage to their strength . so that in such times only the true convenience of that great counsell hath been perceived by england , and admir'd by forrain authors : in the other times it was that those witty complaints have bin in fashion , ( as sir robert cotton speaks of a bad time ) that princes in parliaments are lesse then they should be , and subjects greater . but on the contrary , that they have been an advantage unto kings , the constant series of our history will shew . . by those great atchievments which they have enabled our wise kings to make , who were most constant in calling them , and consenting to them . . that no one prince was ever yet happy without the use of them . it may therefore seem a paradox , that any prince should disaffect that which is so high an advantage to him , and a great wonder , that some kings of england , not vicious in their dispositions , nor very shallow in their understandings , have so much kicked against parliaments . and that such have been ( before we shew what reasons may be of it ) see the characters of some princes , whose successe and fortunes are known ●o all that read the histories , as they are delivered by polidore virgil , who in his sixteenth booke speaks thus of henry the third : fuit ingenio miti , animo magis nobili quam magno , cultor religionis , adversus inopes liberalis . he was of a gentle nature ▪ a mind rather noble then great , a lover of religion , and liberall to the poor . in his eighteenth book thus of edward the second ; fuit illi natura bona , ingenium mite , quem primò juvenili errore actum in leviora vitia incidentem , tandem in graviora malorum consuetudines & consilia traxerunt . non deerant illi animi vires , si repudiatis malis suasoribus ille justè exercuisset . he was of a good nature and mild disposition , who first by the errours and rashnesse of youth , falling into small faults , was afterwards drawn into greater , by the society and counsels of wicked men , there was not wanting in him a strength of mind , if avoiding evill counsell , he could have made a just use of it . and in his twentieth book , thus of richard the second ; fuit in illo spiritus non vilis , quem consociorum improbitas , & insulsitas extinxit . he was of a spirit not low or base , but such as was quite destroyed by the wickednesse and folly of unhappy consociates . a reason of this accident may be , that their soules , though not vicions , have not been so large , nor their affections so publike , as their great calling hath required ; but being too much mancipated to private fancies , and unhappy favourites , and long flattered in those affections under the specious name of firmnesse in friendship , ( not being told that the adaequate object of a prince his love should be the whole people , and that they who receive publike honour , should return a generall love and care ) they have too much neglected the kingdome , & grow afraid to looke their faces in so true a glasse as a parliament , and flying the remedy , encrease the disease , till it come to that unhappy height , that rather then acknowledge any unjust action , they strive for an unjust power to give it countenance , and so by along consepuence become hardly reconcilable to a parliamentary way . such princes have beene a greater affliction to this kingdom , than those who haye been most wicked , and more incureable for these reasons . . they have not been so conscious to themselves of great crimes , and therefore not so apt to be sensible of what they have bin made to do by evill councell ; and therefore they are more prone to suspect the people as unkind to them , then themselves as faulty , and so the more hardly drawn to repent their actions , or meet heartily with a parliament . . the people looke with honour upon the prince , and when they find but few personall vices in him , will hardly be brought to think , though themselves feel and suffer for it , that he is faulty ; and therefore sometimes ( which would hardly be believed , if experience had not shewed it ) the people have bin so rash as that to maintain for the king an unjust prerogative , which themselves understand not , they have to their own ruin , and the kings too ( as it hath after proved ) disserted that great councell whom themselves have chosen , add by whom only they could be preserved in their just rights , ; untill too late , they have seen and repented their folly . such a dissertion was too sadly seen at the breaking up of that parliament of edward the second , where his favourites the two spencers were banished , and the tragical effects that followed , when the king found so great a party of the clergy and layity , as enabled him to call home his banished favourites ▪ and proved fatall to so many parliamentary lords , as the like execution of nobility had never before been seen in england : over whose graves the people afterwards wept when it was too late , and proceeded further in their revenge , then became the duty and allegiance of subjects . it is therefore a great mis-fortune to england , and almost a certain calamity , when the distempers of government have been let grow so long , as that for their cure they must need a long parliament . for there are no wayes , how just , how moderate soever they be , which that great councell can take ( if they go far enough to make the cure ) but will provoke , either by the meanes , or the length of them , the prince his impatience , or the peoples inconstancy . for the first ; the delinquents must needs be many and great , and those employed , and perchance highly favoured by him , besides the reflexion which is made upon his judgement by their sufferings , and that will be one reason of his impatience . another is that many prerogatives which were not indeed inherent in the crown , but so thought by the prince , and by him and his bad councell long abused , to the prejudice of the people , with some seeming advantage to him ▪ ( though well weighed they brought none ) are then after a long sufferance called in question . for the people are used to entrust kind princes with many of their own priviledges and rights , and never call for them again till they have been extreamly abused . but at such a time to make all cleare after so long a reckoning ( and those long reckonings in state being commonly fatall ; for parliaments have seldome been disconntinued , but by such princes whose government in the interim have been very illegall ) they usually question so much , as that the prince thinkes himselfe hardly dealt withall , such a prince as we spoke of , who not bad in himselfe , but long misled by wicked counsell , was not enough sensible of the injuries he had done . the second obstacle that such parliaments may find is the peoples inconstancy ; and what age is not full of such examples which before we name , let us consider whether there be any reason for it ? this perchance may be one , that the people naturally are lovers of novelty . long discontinued and reforming parliaments seemes to carry the face of a change of government , and those things may then happen which do in the shift of princes , that some people may for a while flatter themselves with new and strange hopes , that prove frustrate , or else with quicker redresses of inconvenience , then the great concurrence of so many weighty businesses can possibly admit , how industrious soever that great councell be , distracted with so great a variety ; and the people after some time spent , grow weary again of what they before had so long wished to see . besides , the people are more and more poisoned dayly by the discourses of the kindred , friends , and retainers to so many delinquents , as must needs be at such a parliament : who , though they be no considerable party in respect of the whole common-wealth , yet ply their particular interests with more eagernesse than most do the publike . they subtilly perswade the people , that what ever the parliament does against those delinquents is a ymed at the kings honour , and that he is wounded through their sides . and this opinion is somewhat furthred when the people see how many prerogatives of the prince ; ( as wee said before ) are after long enjoying called in question . so that by this meanes their inconstancy seemes to be grounded upon loyalty to the king , and they perchance with honest , but deceived hearts ) grow wearie of the great councell of the land . another reason may be , that the prince himselfe averse from such a parliament , for the reasons aforesaid , can find power enough to retard their proceedings , and keepe off the cure of state so long , till the people tired with expectation of it . have by degrees forgot the sharpnesse of those diseases , which before required it . by this meanes at last , accidentally a miracle hath been wrought after along parliament , which is , that the people have taken part with the great delinquents against the parliament , for no other reason , than because those delinquents had done them more wrong then the parliament could sudenly redress . and so the multitude of those great delinquents crimes have turned to their own advantage . but in such reforming parliaments , upon whom so much businesse lyes , not only the inconstancy of the people hath been seen in history , but the unstedfastnesse of the representative body it selfe : and the distractions of that assembly , whilst they forsake each other under so great a burden , have let that burden fall dishonourably to the ground . the most unhappy instance in this case , was that parliament of richard the second , begun at westminster , and adjourned to shrewsbury , in the nineteenth year of his reigne ; a parliament that difcharged their trust the worst of any that i read of ; where there was as much need of constancy and magnanimity as ever was , to redresse those great distempers which were then grown upon the state ; and as much mischiefe ensued by their default , both upon prince and people , which might have been well prevented , and his happinesse wrought together with their own ( in the judgement of best writers ) if they had timely and constantly joyned together in maintaining the true rights of parliament ; and resisting the ilegall desires of their seduced king . but being fatally distracted , the major part of lords and bishops , wrought upon by the king , and the house of commons being too far prevailed with by bushy the speaker , and his instruments , they utterly disserted the common-wealth , and looking only upon the kings present desire , assented to such things as made the prerogative a thing boundlesse ; that he himselfe ( as the story reports ) was heard glorying to say , there was no true monarch in europe but himselfe . vpon which the same bad councell which before had brought him out of love with parliaments , brought him to as great an abuse of that power which he had now gotten over a parliament . and then followed the blank-charters , and other horrid extortions , besides the suffering of some lords whom the people most loved , and shortly after , by a sad consequence , his own ruin . nor do we read that any of those lords who under the colour of loyalty and love , ( as they called it ) to his person , had trodden down the power and priviledge of a parliament under his feet , had afterwards so much loyalty to him , as to defend his crown and person against an vsurper , who without any resistance or contradiction unjustly ascended the royall throne , the sad occasion of that miserable and civill war , which in the following ages so long afflicted the kingdome of england . this was the worst example of any parliament , but in other times , they have proved better physicke then any other earthly meanes could be ; yet their greatest vertue and excellency is seen , when they have been used as a diet by honourable and just princes , such as this nation hath been sometimes blest with ; and such who have thought it no disparagement or depression of their dignity , to be ruled by the sway of that great and honourable councell , then a wise guider of a ship would thinke it to follow his compasse , or any mathematician to be directed by his necessary rules and instruments . finis . to the honourable, the knights, citizens, and burgesses of the commons house, now assembled in parliament. the humble petition of arundell penruddock, widdow, late wife of john penruddock, esquire, deceased penruddock, arundell. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honourable, the knights, citizens, and burgesses of the commons house, now assembled in parliament. the humble petition of arundell penruddock, widdow, late wife of john penruddock, esquire, deceased penruddock, arundell. sheet ([ ] p.) s.n., [london : ] imprint from wing. reproduction of the original at the harvard university library. eng england and wales. -- parliament. -- house of commons -- early works to . land titles -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (wing p a). civilwar no to the honourable, the knights, citizens, and burgesses of the commons house, now assembled in parliament. the humble petition of arundell p penruddock, arundell a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honourable , the knights , citizens , and burgesses of the commons house , now assembled in parliament . the humble petition of arundell penruddock , widdow , late wife of john penruddock , esquire , deceased . sheweth , that oliver cromwell the late pretended protector , having traiterously murdered the late king , by force broken the parliament , and banished his majesty out of his dominions , the petitioners husband , with many others of his majesties loyal subjects in the year . according to their bounden duty , and allegiance , and by virtue of his majesties commission , endeavoured by lawfull arms , the suppression of the forces of the said oliver cromwell , and the restitution of his majesty to his right and kingdomes . but the forces of the said oliver cromwell , under the command of colonel crook over-pouring the petitioners husband and his party , the petitioners husband and his party were taken and imprisoned . and afterwards the said pretended protector , did grant out a commission of oyer and terminer unto john glyn , william steele , serjeants at law , and john lisle , esquire , and others for the tryall of the petitioners husband , and the rest of his party , although contrary to articles made with them by colonel crooke , who afterwards perfidiously denyed them . that the said pretended commissioners , proceeding to execute that commission , caused the petitioners husband ( amongst others ) to be arraigned at exeter , at which try all the said , serjeant glyn , and the rest of the commissioners , refused to allow the petitioners husband any counsell although he took many particular exceptions to the indictment , both for the matter and form . they also declared to the people and jury that to raise forces for his majesty , against the said pretended protector , was treason , within the statute of . edw. . and that arms taken against him , were as against the king , within the meaning of that statute . whereupon , the petitioners husband was by a jury ( which sir john coppleston , the then sheriff ) had maliciously packed and returned for that purpose ) found guilty of treason , and judgement of death being passed upon him , by the said commissioners , he was afterwards beheaded by the command of the said sir john coppleston , to the unexpressible grief and irreparable losse of the disconsolate petitioner , and her fatherlesse children . that captain james dewy in the county of dorset , before conviction , seized upon the estate of the petitioners late husband , to the value of one thousand pound , and converted the same to his own and the pretended protectors use . all which proceedings of the said commissioners being against all right , and justice , and ( as the petitioner believes ) against the consciences and judgements of the commissioners themselves ( they being learned in the laws ) and the commission being onely set on foot to maintain the tyranny and usurpation of the said pretended protector against his sacred majesty . the petitioner in all humility , prayes that although she hath no remedy at law by any appeale , against the said commissioners , yet that the said arbitrary and malicious judgement , given by the said commissioners , contrary to the known laws , may be condemned and reversed . and to the end that the said commissioners may be made exemplary in this punishment , she humbly prayes , that the offence of the said commissioners may be excepted out of the general pardon and oblivion : and that her said husbands estate may be restored by the said dewy and others , who seized the same , to the petitioner and her children . and your petitioner shall ever pray , &c. arundell penruddock . six important quæres propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) six important quæres propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, - . sheet ([ ] p.) s.n., [london : ] by william prynne. imprint from wing. identified as wing p a on umi microfilm "early english books, - " reel . annotation on thomason copy: "w.p:"; "xber [i.e., december]. . ". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early enlgish books, - ). eng england and wales. -- parliament -- history -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (wing p ). civilwar no six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion six important quaeres , propounded to the re-sitting rump of the long parliament , fit to be satisfactorily resolved by them upon the question , before they presume to act any further , or expect the least obedience from the free-born english nation , after so manie years wars and contests for the privileges , rights , and freedom of parliaments , and their own liberties . . whether their sudden stealing into the house by night , on monday the . of december after their forced dissolution by lambert , octob. . without any new summons or notice of their sitting given to any of their fellow-members , in the city , or people of the nation ; was not a work of darkness , rather than of light , better beseeming theeves than freemen , a guy faux with his dark lanthorn to blow up a parliament , than the honour and dignity of members of a real english parliament , and a bad omen of some dark d●signs against their fellow-members , and liberties both of the city and english nation ? . whether their placing armed gards that evening at the house , and all approaches to it and the next morning too , and giving colonel okey , and colonel alured ( the commanders of their gards ) their serjeant and door-keepers , strict special commands and orders , not to suffer any of the old secluded members so much as to come into the outward lobby before the house , ( whether footboys , apprentices , and other persons of all sorts had free access , ) much lesse to enter into the house ; and their forcible secluding of sir gilbert gerard , sir anthony irby , sir william waller , sir iohn evelin , mr. ansley , serjeant maynard , mr. prynne , and . other members more on tuesday morning , decemb. . out of the very lobby , in pursuance of their orders , till they crowded into the lobby by degrees against the door-keepers , and gards wills , who at first oft shut the doors against them , though they admitted apprentices , and others to pass in and out : and their seclusion of them out of the house when in the lobby , by keeping the house door fast locked against them , and ordering the door-keeper and serjeant not to open it , notwithstanding many demands to open it , and messages to them for that purpose , which they slighted ; not vouchsafing to take any notice of , after two full hours attendance by the members on them in the lobby ; nor so much as sending any member , nor their serjeant out to them ; as they usually do to every ordinary petitioner , or person attending them upon publick or private occasions ; be not a just ground and provocation for these and all other secluded members , ( being about . times more in number and interest to those then sitting , and the real house of commons , ) with all the respective counties , cities , boroughs , ports for which they serve , with as high co●●empt and scorn to neglect them and their illegal conventicle , ( not the tenth part of a commons house , ) to protest against all their votes , proceedings as null and void to all intents , and not to yield the least obedience to any orders , votes , or commands of theirs , till all the members be freely admitted without any restrictions , to sit and act amongst them ; it being both their privile●e , birthright , and inheritance , and they obliged by their protestation , and solemn league and covenant , constantly , zealously and chearfully to defend the same with their lives and estates against all violations , all the daies of their lives ; and therefore now if ever , in this sad posture of publick distractions ? . whether this their disdainfull , uncivil , unbrotherly treating of their fellow-members ( desiring nothing else but a brotherly association with them , to compose the manifold distractions , and make up the wide breaches of our sinking , dying nations , by their united councils and endeavours , and to regulate all exorbitances , occasioned by their heady councils and miscariages ) in not allowing them the privileges of porters and footboyes to enter into their outward lobby , in taking no notice of them , and putting this fresh affront upon them , after so many former indignities , in the midst of their and our domestick confusions and fears from forein parts , be not an evident demonstration ; that they intend neither the publike peace , unity , nor settlement of our government , laws , liberties , or nations , but their unjust support of their own private interests , rapines , ambitious tyrannical usurpations and exercises of supreme parliamentary civil and military authority over our three nations to imbroyl them in new wars and confusions , to prey upon the small remainder of their real and personal estates , by the power of the sword , now gotten into their hands , out of the army-officers ; who abused it likewise to the oppressing and enslaving of the people , and created them a parliament without the secluded members , and house of peers ? . whether their disdainfull , injurious forcible seclusion of the members , by their own special orders and commands to their gards and officers now , be not a shrewd evidence , that their former seclusions , decemb. . and . . and may . and . . ( acted by , and fathered on the army-officers , and seemingly disowned by themselves ) were secretly procured & countenanced by them , thus openly owning their last seclusion , by their precedent orders and subsequent approbation of it ; and that at their very first re-assembling , after their own late forcible seclusion , by lamberts and hewsons regiments , now entertained and imployed in their service , to seclude , and keep out their old honest fellow members , of untainted integrity and merit ? whether it be not a greater breach of privilege , trust , duty , tyranny , perjury , and treason in them , against all former declarations , the protestation , solemn league and covenant , taken and subscribed by them , with hands lifted up to the most high god , thus to seclude their fellow members : than it was in cromwell and harrison , april . . or for lambert october . last to seclude and turn themselves out of doors , after their declaring and voting it treason , perjury and tyranny in them ? whether this their secluding of the members by col. okey himself , and others who appeared most active against their exclusion by lambert , will not draw a self-condemnation on them , as acting by their commands , against their consciences ; and justify both cromwels and lamberts seclusion of themselves ? and justly encourage all their newly reduced soldiers and others , to shut and turn themselves out of the house again upon any emergent occasion or discontent , with greater boldness and impunity than before , since they justified their last seclusion , by their former underhand encouragements of them to seclude the majority of the members , who over-voted them in decemb. . and give them orders to seclude them now again upon the same account in the same month of december , for fear they should over-vote them if re-admitted ? . whether their printed vote , decem. . to take the business of their absent members into debate on the . of ianuary next ; instead of giving admittance , or any answer to the . secluded members waiting for an answer in the lobby above . hours , be not a meer dilatory cheat put upon the secluded members , the city of london , and whole nation ; to delay their admission till they have put new gards on , and drawn up all their forces to london , to over-awe the city , and hinder their long-delayed militia for their own security ; and setled the militia of every county under their own commands , to enslave the whole city and nation to their tyranny and usurped parliamentary power ; and then they will not only forcibly keep out all the members , but absolutely eject them , unlesse they will take their new oath and ingagement : as is evident by their speakers prohibiting the lord maior and common council on saturday last to set up their chains and settle their militia ; and their order and vote on munday night against all forces raised without their order , to hinder the m●litia in the city , when they commanded the militia in the suburbs and westminster to meet and act that day : and by some of their discourses to two seeluded members ; that there was no hopes of their admission , unlesse they were for a commonwealth , would take the ingagement , and confirm what they had done : and thereby become as guilty , treacherous , perfidious , disloyal , and hurtfull to the publike as themselves ) which those members assured them , they would never submit to , being against the privilege of parliament , their judgements , consciences , protestation , covenant , former oathes upon their first admission as members . . whether the city , or english nation , can expect the least justice ease or redresse of their insupportable burdens , taxes , and impositions from these new tax-masters , who ( though they are not yet the tenth part of a full commons house ) presumed to pass and print a new act of parliament , to continue their expired customs and excises on them , till march next ? whether their unpresidented presumption , in arrogating to themselves the title , power and authority of a parliament ; when all laws , and lawbooks resolve , their own consciences and the whole nation infallibly know them to be no parliament , nor commons house , hath not brought them within the compasse and penalty of this clause in their own last act , before their dissolution by lambert , october . intituled , an act against raising of money upon the people without their consent in parliament : and be it further enacted , that no person or persons shall after the . of october , . assess , levy , collect , gather or receive , any customs , imposts , excise , assessment , contribution . tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have béen done before the third of november , . and be it further enacted and declared , that every person offending against this act , ( therefore every of themselves who passed this new act , decemb. and those who shall put it in execution ) shall be and are hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . whether the people of this commonwealth ( the thousand part whereof knew not of their new sitting ) did ever consent to this sudden extemporary new act , made the first morning of their sitting in lesse than two hours space , when there were but . members in the house ; . secluded members at the door , and near . more members yet living , ( besides the whole house of lords , who must stand for cyphers ) absent , and not privy to their session , or this act ? if not , ( as is unquestionable ) whether by this their own law and act , they be not adjudged to be guilty of high treason , and to forfeit and suffer as in case of high treason , for this their imposing and continuing of customs and excises on the people ; as well as for their seclusion of their members ; which they voted to be treason in lambert ? and whether the offices and common soldiers can upon this account expect any pay from the city or country , or indemnity for secluding those now sitting , if they offend again in secluding the greatest part of the members , which are in truth the only house , which can only really pay and indemaifie them ? by the king and queen, a proclamation for prolonging and appointing the time for the first general meeting of their majesties commissioners for executing the act of parliament lately made for granting to their majesties an aid of twelve pence in the pound for one year, and for authorising and impowering the respective commissioners to proceed and act accordingly. william r. proclamations. - - . england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation for prolonging and appointing the time for the first general meeting of their majesties commissioners for executing the act of parliament lately made for granting to their majesties an aid of twelve pence in the pound for one year, and for authorising and impowering the respective commissioners to proceed and act accordingly. william r. proclamations. - - . england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . sheet ([ ] p.) printed by charles bill and thomas newcomb, printers to the king and queens most excellent majesties, london : . at end of text: given at our palace of hampton-court the second day of septenber, . in the first year of our reign. god save the king and queen. steele notation: england execution warrant. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- appropriations and expenditures -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion wr honi soit qvi mal y pense diev et mon droit by the king and queen , a proclamation for prolonging and appointing the time for the first general meeting of their majesties commissioners for executing the act of parliament lately made for granting to their majesties an aid of twelve pence in the pound for one year , and for authorising and impowering the respective commissioners to proceed and act accordingly . william r. william and mary , by the grace of god king and queen of england , scotland , france and ireland , defenders of the faith , &c. to all to whom these presents shall come greeting . whereas in and by one act lately made in parliament , entituled , an act for a grant to their majesties of an aid of twelve pence in the pound for one year , for the necessary defence of their realms , and by an additional act also lately made in parliament , for appointing commissioners for executing the other act aforesaid , it hath been provided , that it should and might be lawful for vs to issue , or cause to be issued out under the great seal of england , such and so many commissions as we should think fit , and therein and thereby to nominate , constitute and appoint such and so many persons , being qualified as in the said acts , or either of them , is prescribed or directed , as we should think convenient , to be commissioners for putting in execution the said act of parliament for granting unto vs the said sum of twelve pence in the pound ; which said commissioners so as aforesaid to be nominated and appointed , were , and are by the said acts , or one of them , directed and enjoyned in the respective counties , cities , boroughs , divisions , towns and places for which they should be appointed commissioners respectively , to meét together at the most usual or common place of meeting , within each of the said counties , cities , boroughs , divisions , towns or places respectively , at or before the third day of this instant september , or such other day as we should appoint , and further to do , perform and execute as in and by the said acts , or one of them , is required and commanded , and as by the same , relation being thereunto respectively had , may more fully appear . and whereas we have issued , or are now issuing under the great seal of england several commissions for executing the act of parliament for the aid aforesaid ; but it being necessary that ( pursuant to the power given vs in the same act ) a further time be appointed for the first general meéting of the said commissioners , we have thought fit by and with the advice of our privy council to appoint , and we do by these presents appoint the respective commissioners by vs nominated and constituted , or to be nominated and constituted for the execution of the said acts , and either of them in the respective counties , cities , boroughs , divisions , towns and places for which they are or shall be appointed commissioners respectively , to meét together at the most usual or common places of meéting , within each of the said counties , cities , boroughs , divisions , towns and places respectively , at or before the thirtieth day of this instant september : and we do hereby direct , authorise and command the said commissioners , or so many of them as by the said acts or either of them are requisite , not only at the first general meétings to be at or before the said thirtieth day of this instant september , as aforesaid , but at all other times , and in all cases and respects whatsoever , to proceed and to act , do , perform and execute , and to cause to be done , performed and executed , all matters and things whatsoever by the said acts , or either of them , authorised , entrusted or impowered to be acted , done , performed or executed , according to the true intent and meaning of the same ; and these presents shall be to them , and every of them a sufficient warrant and discharge in this behalf . given at our palace of hampton-court the second day of september , . in the first year of our reign . god save the king and queen . london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties . . a letter written to a gentleman in the country, touching the dissolution of the late parliament, and the reasons therof. hall, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter written to a gentleman in the country, touching the dissolution of the late parliament, and the reasons therof. hall, john, - . milton, john, - , [ ], , [ ] p. printed by f. leach, for richard baddleley at his shop within the middle temple gate, london, : . signed on p. : n. ll., i.e. john hall. sometimes attributed to john milton. the final leaf is blank. annotation on thomason copy: "by mr. john milton"; "may ". reproduction of the original in the british library. eng england and wales. -- parliament -- dissolution -- early works to . great britain -- politics and government -- - . a r (thomason e _ ). civilwar no a letter written to a gentleman in the country, touching the dissolution of the late parliament, and the reasons therof.: hall, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter written to a gentleman in the country , touching the dissolvtion of the late parliament , and the reasons therof . senec. troad . quaeris quo jaceas post obitum loco ? quo non nata jacent . — london , printed by f. leach , for richard baddeley at his shop within the middle temple gate . a letter written to a gentleman in the country , touching the dissolution of the late parliament , and the reasons thereof . sir , yours of the th past came safe , and with it your admiration of this great change which hath happened in the dissolution of the late parliament , which i not at all wonder at ; for as this island hath afforded the greatest revolutions that i think any memory affords us , of any time or place , so i believe this to be the greatest of them ; and so much the greater , as that it was done , in a manner , in an instant , without contestation , without effusion of blood , and , for any thing i can perceive , without the least resentment of those whom it generally concerns . but when i shall put you in remembrance of what i have often enforc'd to you , or to say better discours'd , for the other is needlesse , that the wayes of providence are inscrutable , and such , as , though they seem to us unexpected and temerarious , yet are carried on with such a strange and supreme kind of design , it wil be easie for an humble and an acquiescing mind to see , that by severall invisible degrees , they bring forth their last & propos'd intendments , yea with those instruments which seem and intend to do the contrary . what man could have suppos'd , after the dissolution of the parliament preceding this last , to have had another so soon ? and for this last , who could have imagin'd that by act it should have continued , much more gloriously have undertaken the defence of an injured people by open arms against an oppressor , and that these undertakings , with admirable variety of successe , should have been crowned with the extirpation of tyranny , and the decollation of the person of a tyrant ; that that great omniscience should so blesse the endeavours of a common-wealth , now as i may say in its very swadling-clouts , as by them absolutely to reduce those dominions in years , which a series of proud & lusty monarks could not in centurys do ? besides that navall opposition so fortunately & gloriously made against the greatest maritime enemy in europe , or to speak with due acknowledgment , in the earth . yet are these men , after all these vigorous and happy actions , suddenly dispersed like down blown off a thistle , and their power devolv'd into such hands , which a god hath made instrumentall in these strange emanations of his divine will , so we may humbly conceive , he intends to make further use of to the finishing of that great work , which by such visible signs , he hath mad appeare he hath in hand for the glory of his name , the felicity of these nations , and i believe for the blessed alteration of all europe . i am neither stoick to believe that all things are link'd by such a strong chain of fate , as that there is nothing left to man but mechanically to act ; nor yet can i resign my self to an absolute belief of that saying of plato , that to pray or fear is needlesse , it being out of our power to prevail by either , but i shal modestly affirm it , that as i ever use to send up my prayers for the best things i could , upon the emergencies of the severall times , so upon the breaking out and discovery of every hidden councell of above by some illustrious accident , i have thrown my face upon the ground and submitted to it , never examining the meanes by which it was brought to passe , but the end to which it was brought ; for i cannot deny unto you , that i have that reverence , and resignation to my great lord and maker , that as i believe every dispensation affords to me in particular , ( be it bitter or be it sweet ) a means of that grand consummation of felicity , which i am hereafter to endeavour and expect , so even in politick bodies , wherein so many dear to him are concerned , he suffers not any turn or revolution , but his omnisciency directs it , to the bettering or more happisying of that people . and truely in my apprehension this is done at this season , and though you seem to stare at it , as being unwilling to acknowledge that his hand is wise and powerfull , yet methinks it were an argument wortheir of an atheist , to say , that irregular actions proceed from a carelessnesse above , than for a christian to imagin that his designations in the altering the affairs of any state should not tend to a bettering of that state , and that that power into which he puts it , is not , in his mind , more fit and proper to manage it than that from which he took it ; for if a fly fall not to the ground without his consent , i beseech you what shall we consider of his care in the disposition of millions of men , things of his own image , without a high disbelief and contempt of his providence ? though i am not ignorant what some people ignorantly , or peradventure splenetickly and maliciously say , that he may suffer such things for the punishment of a people , and for their reduction , yet when i seriously consider it , that as nothing but good can flow from that pure and simple fountain of goodnesse , so are his ways of providence , so far as purblind we can see . he chastises private men differently from publick bodies , some that he dearly loves , he afflicts , purges , and refines , gives them heavinesse for a day , that they may hereafter have an everlasting weight of glory . states he sometimes afflicts for their own sins , sometimes for those of their governours , but still out of his mercy he considers those that are dear unto him , and searches out if there be ten good in sodom , which if there be , he carries them out of their captivity into the land of promise . out of these considerations i for my part humbly submit to this mysterious and sudden action ; and because i perceive you not so well satisfyed with it , am content with what present reasons i can , and out of my little intelligence , and small understanding of things , to give you an account . and therefore we are to consider , first , the manner of government by the last parliament ; then the right of obedience to superior powers ; and lastly , the effects , or events , that may come upon the late change . for the first , i confesse they were a people of miracles , god made them gloriously instrumental in the rescuing of his people from bondage , yet many of them were content to self-centre , or to say better , lay little designes for their own greatnesses ; so that , while they seemed to look direct upon the publick interest , their businesse was to look asquint upon their own : as if they had been employ'd by their country not to make up publick , but private breaches . besides that , the house being by the last purge made thin , and few in a capacity to sit , and fewer active , ( unlesse some that only trudg'd at committees ) there was an opportunity given them to become so familiar with one another , that what by their ordinary at whitehall , and what by their conferences at the speakers chamber before the sitting of the house , little was determined but out of design and faction : oppositions and conjunctions were laid , private interests interven'd , ( and these commonly by way of exchange , ) needlesse things mightily insisted upon , whilst thousands of poor creditors and petitioners starved at their door with their printed papers , unheard , unregarded , unlesse a crasty sollicitor had undertaken ( for it is a term i hear as common as practise among lawyers ) to make some members , and this with great expectation , and with such successe , as commonly taught them what it was to trust ; whilst all this time the house , under whose hand this work lay , were laboriously content to sit four times in a week , and that much about the rate of . or . houres a day , whereas the whole week had been time little enough for their work . and as for committees , unlesse they were either very standing , or some great men notably engag'd , there have been some men have attended nine or twelve moneths to bring one together , and this possibly for an adjournment of as long a time . and i beseech you , sir , consider , that though some wholesom laws they made , and many happy actions have been done under them , yet god hath some precious instruments still over-ruling these odd designs & combinatons , which are otherwise privately hatch'd by some corrupt ones among them . what these men have done as to establishment and liberty , i am to confesse they have altered the titles of writs , they have told us we have a commonwealth , but for any essential fruits thereof , a man may ( drolling ) say , they have cut off the head of a king , and set a commonwealth upon his shoulders , which like epistemon in rabelais ( who was beheaded in a fight ) are so finely sewed together , that they return out of hel , and tell things that they did there . for to speak freely , what they did for us was very inconsiderable , and with such a spanish slownesse , that unlesse either some particular interest , or some immediate necessity enforc'd them to hast , it was a common difficulty of a year or two to get passe an act. if this had been out of grave consideration , or any laudable and politick providence , the present age might have been content , and posterity made happier : but it was either their work , or made it appear their work , to spin out the time , wast the day in the tossing of a feather , and then came in some motion of an old grandee , who had so much a year given him for resigning up an illegal office ; or stood up some other , who brought old arrears , ( which it may be the poor souldiery was never satisfied for ) and for this , he must have such a sum of money out of discoveries , by which some countryman or other must be brought into vexation , and forc'd to compound ; the publick businesse in the mean time was commonly pre-disposed on in the speakers chamber , and ordinarily at the speaking of the cue , ( which was the usuall business of some shallow fellow put upon it ) confirm'd and transacted . and as for petitions , they had such a rare and excellent faculty of dispatching them , that i believe there have been . petitions offered to them , that could never be read , half as many read , that received none but delatory answers at committees , and i doubt as many more were deterr'd , out of the meer consideration of the successe of others . but you will say , they set up a committee for petitions , i grant you they did , but it was with such rules , and such restrictions , that i believe it very impossible to make any person appear that was thereby benefited . thus much to them as a body , to break it in pieces , and look on it in the individual , he were a dis-ingenuous man that would not confesse , that there have been among them as brave men , as wise and worthy patriots , as any nation ever had . but yet if you will take into your remembrance , that there have been many lands sold , first the bishops , then the dean and chapters , then the king's , queen's , and prince's , then the fee-farms , ( the forest lands too coming on ) then the delinquents , and all these to be doubled upon ( a touch whereof i shall give you anon by way of digression ) and all this to be dispatched by trustees nominated by the parliament ; you must needs think there was very notable carriage in this businesse , as to the profit of the common-wealth . for first , d. per pound must be allowed in point of purchase ; then you had registers ( who constantly dispatched by deputie ) at high fees , and their under-officers as cunning and as ravenous as those of the old courts . then must march forth an army of ignorant and unlearned surveyors , and these at sh . per diem , to return surveys sometimes low , in the favour of some noble gentleman , in whose eye it was to purchase , and sometimes excessively high , for to over-ballance the other ; ( besides the kings lands , which being allotted for the payment of the souldiery , were commonly over-valued by one half , ) whilst in the mean time a single mathematician did properly all their work to their hands ; and all this , besides a pestilent sort of people called messengers , &c. who intangled rights , disturbed the people , and carried on the businesse so excellently well , that possibly much about one half might by their endeavours be brought into the coffers of the common-wealth . after the return of this survey , so laudably perform'd as i have described to you , an honest member casts a sheeps-eye at such a manour . marry then he goes to gurney-house , sends in his name , and tels them he was to attend the parliament immediately ; upon that he is called in , though other people had been design'd , and other businesse directed for that time ; and by his authority , or friends at the table ( for he that had a hand in placing them there , must needs have favour from them ) makes a contract as low as possible , gets it may be so long time , as that he may pay for the manour out of the mansion-house , or the woods ; and by this means it is incredible to what estates some have raised themselves . one of them who was a brewers clark , his man was heard to say , that he thank'd god his master had now l. a year . another gentleman having not an over-considerable fortune before , hath made it . or l. a year , and hath been heard to say , ( as i am informed ) that he had more land than any man in england . another comming out of a draper's shop at york , hath convey'd himself into an estate in possession and reversion of above l. a year . but examples of this kind are innumerable . this brings me on to tell you , that the commonwealth hath been as just and as unjust in point of their debts , as 't is possible for men to be ; just they were in providing satisfaction for their creditors ; unjust they were in delay of time , and the little satisfaction they received by it . for was it not an unreasonable thing , that l. really lent out , or ( which is as good ) earn'd , should be reduced to so many twenty-pences , or two-shilings's ? yet the commonwealth pays it to the full , with interest , whilst the needy creditor happly is glad to preserve life by that means ; whereas men that had money , doubling thus , ( a way indeed at first thought on for better advance , but since proving to the destruction of the creditor ) and traffiquing with accepted bils , either made a shift to make or per cent . of their moneys , or if they had any hearts for the parliament ( which was not common ) were content to take improveable lands as years purchase , or thereabouts : so that many people of very inconsiderable fortunes , have now prodigiously arriv'd to vast estates . i know one , formerly not worth score pounds in all the world , now by valuatiō of the country where he lives , worth pound a year . others i have known worth nothing at all , that now can reckon to and pound per annnm . but you may tell me again , that this is no argument against a government . i say it is a good one against the governors , since they are so palpably engag'd in it . by this time i conceive you to be of opinion that things were not so admirably well governed , yet many things being matters of private sufferings , many honest hearts were content to sit down , and groan under their own misery , rather than interrupt such publick proceedings , as they saw god so eminently glorified in . but when we had reduced our enemies abroad , and brought them upon their knees , and began to entertain hopes of a future peace , and established liberty , we were diverted by other designs , and the businesse was , how to continue a lazy unactive power , not to remedy the sufferings of a nation . this brought the army into consulation , a sort of men whom god hath so singularly own'd , and crown'd by so many remarkable successes , that it was easily perceivable that god intended by them to do strange things . these as free people first declar'd , that they would assert our liberties , and since did not only rescue but protect the parliament , and assist them in the late grand negotiations . without them , they might have been exposed to the affronts of the multitude , and as in-effective as against the prentises when they shut up the door ; with them they have done marvelously . now the case stands thus , the liberty of the people being recovered by the sword , that is to say by the army , this army continuing as a mediator , or ( if a man may say so ) a supervisor of the peoples liberties , it must be proper for them to see that no encroachment may be done thereupon . but here comes the pinch , the parliament have not satisfied the people , neither by effectuall laws , nor vigorous proceedings , the people are discontented ; the army want not their resentments , they are moved for a new parliament , ( but irregular motions move slowly ) they trifle it off two or three years , and frivolously debate it into a necessity , and at last provide the businesse so , as that their kingdom may stand , and others sit with them upon the throne , that is to say , like theseus his ship , perpetually to be peeced , and made into the same . but this neither stands with the fundamentall right of a parliament , nor established liberty . for if you will allow a common-wealth , you cannot allow any thing more destructive to it , than the continuation of many men in the same power , especially unlimited and supreme . for otherwise knowledg of faces , acquaintance , familiartty , and those little intrigues men will make , though they hate one another , will bring all to ruine . but yet such a design as this were they about , and when they saw that a necessity was upon them for to break up at last , they then came down to the third of november this year , but the act which had been years a hammering , was so warily provided , that what in point of electors and elected , we should have been within a month after the new parliament in a worse condition than we had been during the sitting of the old . they that were to be electors , were people that had not forfeited their liberty , which in english is rendred thus , people it may be un●ble , uncapable , malignant , and malicious enough , though such as never offended the state , but in their ale ; these to be elected , men that had constantly been true to the common-wealth . this if the malice and cunning of men can do any thing , will amount to as much as to say , that many malignants who from their very hearts and souls hated the cause , and all its dependances , yet in point of interest and profit , having engaged in it , might have been brought in . besides that the presbyterian party ( which is meerly a jesuit in a genevah cloak , but somewhat more insupportable ) may by this rule all come in . for they may have vigorously acted at the first , whilst they thought the beer which was a brewing might be their own mornings draught , but seeing it was provided for others , they took snuff , and forsook the house , nay and are become enemies ; so that upon this account , instead of bringing a select company of honest gentlemen to debate together , we should have brought so many bandogs to have travers'd factions . for what other could we expect when men of such humors and tempers should necessarily meet ? this you will say , might be prevented by examining the returns of the writs . suppose it . but here is first , an impossibility to that end , as who can discover a mans heart ? who a mans ways ? who can judge that a convert is reall , or absolutely assure himself , that another man is not an hypocrite ? for things of another mans bosom is matter of the nicest scruple in the world ; and an exact hypocrite may deceive the most cautious and nice counsail that can be made among men . yet supposing this businesse feasible , here arises another question , whether the peoples right or no , in point of election , be not extinguish'd by this supervising ? ( for as yet i cannot find any other word for it . ) for either they have a right of liberty to choose , or not , but both parliament and army have declared they have ; therefore their election is good : but if there be a power paramount to allow or disallow of this election , ( which supposing an examination of the returns of the writs , you must needs grant , otherwise it will be in vain to examine them ) then that election of theirs signifies nothing ; for if i in a case of law choose my arbitrator , and the judge , or a third party hath power to allow or disallow him , i cannot properly be said to have a choice , because choice is an effect of freedom , and freedom and controlment are things that cannot consist together . so that hence it will amount , that this provision was weak and not of assurance enough to our purpose , and if two inconveniences were to be run upon , it were much better to run upon the lesse . this is an hypothesis , i see not how it could be salved otherwise than by choosing such idoneous persons , and that in such a number as might carry on the work ; for though multitude of counsellors is strength and safety , yet in distemper'd and turning states it is weaknesse and distraction ; and these such kind of men as are fit to have the reigns of a nation in their hands , and such as by a swift and due prosecution of justice should satisfie the people , what it is to be free . this is a businesse either to be done by the parliament , by the people , or by the army . the first like cunning brokers would not do it ; the second like troublesome ideots cannot do it , and the third as wise guardians must do it . and therefore though this change may carry much in it as to appearance of fear and terror , yet when a man will consider these two things , that the liberty of his nation ought to be the dearest thing to him under heaven , and that without these men and means it cannot be preserved , ( for take away the force that protects us , all our enemies shall flow in upon us ) he must necessarily grant a submission to what they do . for he that hath power to command , hath also power to guide , theone without the other being insignificant . and therefore since we are in a tempest , let us come to this rock ( to speak at the harshliest ) rather than perish . for you cannot conceive but the worst government in the world is infinitely better than none at all ; or to speak a little closelyer , an ill government well manag'd , may be much better than a completer form of government ill manag'd , people still judging by their safety , or liberty , or civill advantages , the effects not only of their government but rulers . for matter of change of government , lest you may be dissatisfied , i have thus much briefly to say , that considering the actions of the late parliament , and their dissolution , we are to remember by what means they were called , and for what end . they were called at first by a writ of the king , and that by the ordinary summons of a writ , and that on the kings part compulsively . but god that hath a mind to do much out of little , so prospered them , that by an act of the whole parliament as then it stood , they were enabled to sit till they should dissolve themselves . t is a question worthy the resolution of a lawyer , whether these men sitting by that authority , were not tyed to follow exactly the rules of it ? for certainly every law or commission ties according to the intent . they thought fit to throw out the lords spirituall , alias bishops ; they manage a war against the king upon their own authority , and by vertue of that act ; they were purg'd of malignant or ill-affected members , by the army , ( whose duty it was to interpose in so dangerous a time ) and at last declared and established a common-wealth . thus did they act , and that to the eternall renown of the nation , for four years together ; but , when dieases grew upon them ( as all sedentary bodies are slow and unactive ) there appear'd such a lazinesse in the execution of that power , such a lethargy as to act in the right of the nation , that these immortal persons , whose blood had been stirr'd or spill'd in their cause , began to awake , and remember for whom they had done so great things , that is to say , for the people . and therefore , they being ( as i have said ) arbitrators , men whose eys were open , and consciences not branded , rise up , and begun to look and consider in what condition the people was , whereof they were a part ; and therefore , when neither addresses , reasons , proposalls , nor petitions , of a long time could prevaile , it is not strange at all if they were forced to that of the physician vre & seca . i know your objection before hand , that the action of the lord generall in the dissolution was somewhat rough , and barbarous , and i shall not trouble you with a long answer , that , as to his person , as he hath in the field declared himself one of the noblest assertors of our liberty , and as great an enlarger of our territories as ever was , so as for any particular designs of his own in point of government , it must be a scrutiny greater than humane that can discover , how he either intended to invade us , or to make us a prey to any ambition of his . and therefore if upon this grand revolution , he might appear to his enemies passionate , yet considering the extremities that great minds fall into , and the great trust committed to him , it will appear nothing but the discharge of that duty that lay upon him . to have done such a thing as a single generall , wants neither example nor president ( but i would not injure an argument in a letter by the by , which i could make good in a whole treatise . ) for you may remember that of caesar to metellus the tribune , young man ( sayes he ) 't was easier for me to say this than to do it , a speech ( sayes sir francis bacon ) both the proudest and the mildest that ever came out of the mouth of man : for at that time he was breaking open the sacred treasury , which by ▪ the lawes was not to be broken open . but it is otherwise here , this was not a rash precipitate act of his , but a trust , and result of those under him . t was fit he that was the most eminent should appear , and he as civilly without noise or disturbance did it . and therefore acting by their votes , and by their consents , it was their action as well as his ; and it was no more his action than it is the action of the head moved by tendons and muscles which are parts of the body , and without which the head it self could not possibly at all move . so that here it comes to a question , whether it be better for us to be in slavery under the name of liberty , or in liberty under the effects of slavery . i have told my thoughts before , in what condition i conceiv'd our liberty was , and i repeat it once again , that i think this present is the better expedient . for supposing that the severall counties should withdraw their severall members ( for i suppose they could not of late pretend to sit by vvrit ) certainly they would never have made a quorum in parliament ; and suppose they should call them to account , where had one authority without the consent of all the counties , or rather all people capable to demand it from them ? and if you will say that the liberty of the people by this meanes is stifled , i must tell you again , it is only suspended , 't is a sword taken out of a mad mans hand , till he recover his senses ; and therefore , till we be s●lted , coagulated , or centred , ( call it what you please ) it is tantum non impossibile for to lose such a liberty of choosing a representative as a rationall man may expect good from . it is a scruple that hath vex'd many people , how and in what manner , or whether or no , we are to obey new governments , ( this is the second point i proposed ) and this comes by reason of oathes impos'd by governours , who think thereby to chain men to them , whereas if we consider it , promissory and obligatory , oathes tye private men , semper & ad semper , ( as the school-men tell me ) whereas obedience to a sovereignty ( which being plac'd in one or more is the same ) extends , nor can extend no further than during the protection thereby received . for to put the case at the worst , i am among a company of theeves commanded upon my life not to discover , the casuists say , that this secrecy of mine , though they be outlawes , and persons under the heaviest censure of iustice , ought to be perform'd , for this is but a price of my life ( besides my promise ) and in that consideration i ought to forbear it . but i 'l take it at the best sense , insteed of falling into the hands of theeves , i am under the protection of those that protect me from them , and then i must say that i owe these men the very same obedience , but much more religiously and with a greater deal of honor and veneration than the o - other . the first may take away my life if they please , the second cannot only secure me , but avenge my blood upon the murtherers . the first are unaccountable , unlesse by their private punishment , these responsible . for i remember a thing that bodin said excellently , that the king though he make lawes , it tied to those lawes ; and therefore accountable . they are invisible , these visible . and therefore a man would rather chuse his security of such as he knew where to repair to , and by whose means he might be redressed , than such a one as could not own it self . for let men imagin what they will , yet upon largest consideration , and deepest experience , they must find , that allegiance and protection are so related that they cannot be separated one from another , and that the absurdities of the contrary are such as cannot rationally be avoyded . for i must necessarily swear either to person or place ; by the person i understand a man governing , or claiming to govern , either by himself or successors ; by place i understand a particular mans vassalage , liberty , or privilege in any one country . as to the first , it concerns not me by what name any man is distingnished , the determination of his power determines my obedience , which ( as i have said ) is correlative to protection . as if charles stuart should enjoyn me a command i should perish in , i ought not by any law of god or man to obey , unlesse he could protect me in the execution ●hereof . or suppose the king of france should command me to proclame the same person king here , i should be so considerate as to remember a hurdle and tyburne , and therefore disobey . for if the civilians allow it , and that generally , that a stranger doing a misdemeanour in another country , though properly he is not tryable by the lawes of that country , yet thereby ought to be punished ; i say it is as much reason that a native , doing against the lawes of his own country , be they in whose hands they will , should be ten times more punished ( if it were possible ) as a breacher of faith , and a desertor of that protection by which he lives . honest men may dissent in little things , and it may be their wayes of reasoning are not the same , but for any man under what pretence soever , to act against the grand design of the happinesse of his nation , is such a matter , as whoever would tell me , that a man were a peaceable man , and withall assaulting me with a stilletto . there is yet another thing that may stick in your stomach , ( which is the last thing proposed by me ) which in respect you have urged with a little earnestnesse i am content to clear you of , and that is , the great losse of reputation which you suppose we may receive from our neighbours and correspondents abroad . certainly , sir , if you would but remember , that in matter of publick treaties , persons are not dealt with , but nations ; ( for our late king treated with don john of portugall , and yet this was no breach of the league between him and spain ) it can signifie no more than the alteration of the title of their credentialls ; for all treaties between states , are between the powers of those states . and though usurpation or election appoint one name , yet still it amounts to this , that the state is concerned , and that only . friendships in private men are different from those of princes , and that as much as the mariages of princes one to another : princes are married by interest and pictures , private men by acquaintance and affection , and no doubt if boccalini were alive , and should hear any man affirm that they did otherwise , he would say they were tramontani , and not allow them portar la dottrina sopra le spali . but this doth not come home to my question , that which i would particularly insist on is this , that i believe this change or event will contribute more to our happinesse than if we had still languished under our former sufferings . i have told you what the head of the army is , to tell you of the rest were a● vain flattery and inconsideracy ; but since god hath own'd them as such excellent and worthy persons , and made them glorious in their severall generations , i must be content to look up and reverence them . 't is true , great births are hard in the labour , and many glorious men have been cut out of the womb , therefore wonder not , if the account that they may give you be slow , or possibly slower than you expect . i am no member of their councills and by a late infirmity lesse able to attend them , yet if i can believe any thing ; or understand men when they make the clearest professions , they intend all noble things , both as to the glory of our good god , the making happy of this poor nation , setling the liberties of it , and reducing of us into one mind , and one way . but these are not only wishes of mine , but hopes , and certain expectancies , and i believe they will convince these men to be lyars that speak against them . but now i think i have put you to all the tryalls of your patience , which if my infirmity had not been , which confin'd me to my chamber , i could not have done , but i rely so much on your candor , and i believe you think so well of my veracity , as i want not the impudence to affirm my self ( however you take it ) your affectionate servant n. ll : london may . . finis . tuesday the fifth of september, . resolved by the parliament, that no petition against any election ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) tuesday the fifth of september, . resolved by the parliament, that no petition against any election ... england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : [i.e. ] title from caption and first lines of text. annotation on thomason copy: the second ' ' in imprint year crossed out and replaced with " ". reproduction of the original in the british library. eng england and wales. -- parliament -- elections -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no tuesday the fifth of september, . resolved by the parliament, that no petition against any election ... england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms tuesday the fifth of september , . resolved by the parliament , that no petition against any election of such members as are already returned for england or scotland , shall be received by the committee for priviledges after three weeks from this day . ordered by the parliament , that this vote be printed and published . hen : scobell , clerk of the parliament . london , printed by john field , printer to the parliament of england , . by the king, a proclamation requiring the members of both houses of parliament to attend at the time prefixed by the adjournment, being the twenty fourth day of october next england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation requiring the members of both houses of parliament to attend at the time prefixed by the adjournment, being the twenty fourth day of october next england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall, the one and twentieth of august . in the two and twentieth year of our reign." reproduction of original in the guildhall, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation requiring the members of both houses of parliament to attend at the time prefixed by the adjournment , being the twenty fourth day of october next . charles r. whereas the parliament hath been adjourned to the twenty fourth day of october now next coming ; the kings most excellent majesty having a full purpose and resolution to keep to that time , and being desirous , for weighty considerations , to have then a full assembly of the members of parliament : his majesty therefore , with the advice of his privy council , hath thought fit to declare and publish his said resolution . and also by this his proclamation doth require all and every the peers of this realm , and all and every the knights , citizens and burgesses of the house of commons , to give their attendance at westminster on the said twenty fourth day of october next precisely : wherein his majesty doth expect a full obedience to his royal will and pleasure . given at our court at whitehall , the one and twentieth of august . in the two and twentieth year of our reign . god save the king. in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty , . by the king. a proclamation for the speedy payment of the monies assessed by parliament for disbanding the armies proclamations. - - . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation for the speedy payment of the monies assessed by parliament for disbanding the armies proclamations. - - . england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by robert barker, printer to the kings most excellent majesty: and by the assigns of john bill, imprinted at london : . at end of text: given at his majesties palace at westminster the sixt day of july, in the seventeenth yeer of the reign of our soveraign lord charles by the grace of god king of england, scotland, france, and ireland, defender of the faith, &c. god save the king. eng england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . a r (wing c ). civilwar no by the king. a proclamation for the speedy payment of the monies assessed by parliament for disbanding the armies. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king . ❧ a proclamation for the speedy payment of the monies assessed by parliament for disbanding the armies . whereas for the present raising of great sums of money for the speedy disbanding of both the armies ( a matter of high concernment in the happy setling of peace between his majesties two kingdoms of england and scotland ) an act hath been lately made and published by authority of this present parliament , entituled , an act for the speedy provision of monies for disbanding the armies , and setling the peace of the two kingdoms of england and scotland : whereby it is enacted , that all and every person and persons of the severall ranks and degrees mentioned in the same act , shall for the purpose aforesaid , contribute and pay the severall sums of money set down and appointed by the said act : and howsoever his majestie ( out of the experience of the forward affections of his loving subjects towards him , and the publike good of both kingdoms ) can no way doubt of their alacrity and readinesse herein : yet for a more speedy and generall publishing of the said act to all his people , whereby the said money may be leavied and paid within the respective times limited by the said act , he hath thought fit ( by advice of his parliament ) to make this publike declaration therein , that all manner of persons of what degree , condition , or quality soever , according to the tenour and intent of the said act , do without delay make payment of the severall sums appointed and assessed by the said act , at such dayes and times , and to such persons , and at such places as are limited by the said act , under the pains and penalties therein provided and expressed , and to be further punished according to the law , and the merit of their offences in a businesse of such consequence to the publike . given at his majesties palace at westminster the sixt day of july , in the seventeenth yeer of the reign of our soveraign lord charles by the grace of god king of england , scotland , france , and ireland , defender of the faith , &c. ❧ god save the king . ¶ imprinted at london by robert barker , printer to the kings most excellent majesty : and by the assignes of john bill . an ordinance of the lords and commons assembled in parliament, for reliefe of the subiect, who have been prejudiced by stopping and discontinuing of writs of error which said writs are to be sealed with the great seale of england, ordeined and estabished by both houses of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance of the lords and commons assembled in parliament, for reliefe of the subiect, who have been prejudiced by stopping and discontinuing of writs of error which said writs are to be sealed with the great seale of england, ordeined and estabished by both houses of parliament. england and wales. parliament. sheet ([ ] p.) for edw. husbands, printed at london : . order to print dated: may , and signed: h. elsinge cler. parl. d. com. steele notation: great under to. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . writs -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no an ordinance of the lords and commons assembled in parliament, for reliefe of the subiect, who have been prejudiced by stopping and disconti england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion official insignia an ordinance of the lords and commons assembled in parliament , for reliefe of the subiect , who have been prejudiced by stopping and discontinuing of writs of error , which said writs are to be sealed with the great seale of england , ordeined and established by both houses of parliament . the lords and commons assembled in parliament , taking into consideration the great prejudice and inconvenience that may & doth accrue to the subject by the stopping and delay of writs of error , and also by discontinuing of writs of error by the courts not sitting in the exchequer chamber , and by the not effectuall putting in execution the commands of the great seale of england ordeined and established by both houses of parliament ; doe order and ordeine , that all writs of error brought in any of his majesties courts at westminster , sealed with the said great seale and attested under the hands of any three or more of the commissioners of the said great seale , whereof one lord to be one , shall be signed by such of the iudges as are or shall be the ancient iudge then attending the said courts or any of them respectively , and that such signing by any one of the said iudges in the absence or vacancy of the chiefe iustice , or any other antient iudges shall be as good and effectuall as if the same had beene signed by the chiefe iustice or other antient iudge , any law , usage or other matter to the contrary thereof notwithstanding . and be it further ordeined , that whereas divers writs of error returnable in the exchequer chamber are discontinued by the not coming of the iudges there without any default of the parties prosecuting the said writs , be it ordeined that new writs of error being taken out , the iudges of the court to whom they shall be directed shall allow of the said writs of error in the same manner as they allowed the former writs , that so execution may be stayed till the same can be determined , and that all iudges , officers , and ministers , and other persons shall duly performe , obey and execute all such things as they or any of them shall be commanded or required to doe in their severall offices or places by force and vertue of the said great seale , as they should or ought to have done by force or vertue of any great seale of england , under paine of answering their contempt therein to both houses , and losse of their places . may ▪ . ordered by the commons assembled in parliament , that this ordinance be forthwith printed and published . h. elsinge cler. parl. d. com. printed at london for edw. husbands . . the prerogative of parlaments in england proued in a dialogue (pro & contra) betweene a councellour of state and a iustice of peace / written by the worthy (much lacked and lamented) sir w. r. kt. ... ; dedicated to the kings maiesty, and to the house of parlament now assembled ; preserued to be now happily (in these distracted times) published ... raleigh, walter, sir, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the prerogative of parlaments in england proued in a dialogue (pro & contra) betweene a councellour of state and a iustice of peace / written by the worthy (much lacked and lamented) sir w. r. kt. ... ; dedicated to the kings maiesty, and to the house of parlament now assembled ; preserued to be now happily (in these distracted times) published ... raleigh, walter, sir, ?- . [ ], , [ ] p. [s.n.], printed at hamburgh : . preface signed: walter ralegh. signatures: a-h⁴, i⁵. reproduction of original in the harvard university. library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the 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be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - spi global rekeyed and resubmitted - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion prerogatiue of parlaments in england : proued in a dialogue ( pro & contra ) betweene a councellour of state and a iustice of peace . written by the worthy ( much lacked and lamented ) sir w. r.k t. deceased . dedicated to the kings maiesty , and to the house of parlament now assembled . preserued to be now happily ( in these distracted times ) published , and printed at hamburgh . . to the king . most gracious soueraigne : those that are supprest and helpelesse are commonly silent , wishing that the common ill in al sort might be with their particular misfortunes : which disposition , as it is vncharitable in all men , so would it be in me more dogge-like then man-like , to bite the stone that strooke me : ( to wit ) the borrowed authoritie of my soueragne misinformed , seeing their armes and hands that flang it , are most of them already rotten . for i must confesse it euer , that they are debts , and not discontentments , that your maiesty hath laid vpon me ; the debts and obligation of a friendlesse aduersity , farre more payable in all kinds , then those of the prosperous : all which , nor the least of them , though i cannot discharge , i may yet endeauour it . and notwithstanding my restraint hath retrenched all wayes , as well the wayes of labour and will , as of all other imployments , yet hath is left with me my cogitations , then which i haue nothing else to offer on the altar of my loue. of those ( most gracious soueraigne ) i haue vsed some part in the following dispute , betweene a counsellour of estate , and a iustice of peace , the one disswading , the other perswading the calling of a parliament . in all which , since the norman conquest ( at the least so many as histories haue gathered ) i haue in some things in the following dialogue presented your maiestie with the contentions and successes . some things there are , and those of the greatest , which because they ought first to be resolued on , i thought fit to range them in the front of the rest , to the end your maiestie may be pleased to examine your owne great and princely heart of their acceptance , or refusall . the first is , that supposition , that your maiesties subiects giue nothing but with adiunction of their own interests , interlacing in one and the same act your maiesties reliefe , and their owne liberties ; not that your maiesties pietie was euer suspected , but because the best princes are euer the least iealous , your maiestie iudging others by your selfe , who haue abused your maiesties trust . the fear'd continuance of the like abuse may perswade the prouision . but this caution , how euer it seemeth at first sight , your maiesty shall perceiue by many examples following but friuolous . the bonds of subiects to their kings should alwayes be wrought out of iron , the bonds of kings vnto subiects but with cobwebs . this it is ( most renowned soueraigne ) that this trafficke of assurances hath beene often vrged , of which , if the conditions had beene easie , our kings haue as easily kept them ; if hard and preiudiciall , either to their honours or estates , the creditours haue beene paid their debts with their owne presumption . for all binding of a king by law vpon the aduantage of his necessitie , makes the breach it selfe lawfull in a king. his charters and all other instruments being no other then the suruiuing witnesses of vnconstrained will : princeps non subijcitur nisi sua voluntate libera , mero moto & certa scientia : necessary words in all the grants of a king witnessing that the same grants were giuen freely and knowingly . the second resolution will rest in your maiesty leauing the new impositions , all monopolies , and other grieuances of the people to the consideration of the house ; prouided , that your maiesties reuenue be not abated , which if your maiesty shall refuse , it is thought that the disputes will last long , and the issues will be doubtfull : and on the contrary , if your maiesty vouchsafe it , it may perchance be stiled a yeelding , which seemeth by the sound to braue the regalty . but ( most excellent prince ) what other is it to th' eares of the wise , but as the sound of a trumpet , hauing blasted forth a false alarme , becomes but common ayre ? shall the head yeeld to the feet ? certainly it ought , when they are grieued ; for wisdome will rather regard the commodity , then obiect the disgrace , seeing if the feet lye in fetters , the head cannot be freed , and where the feet feele but their owne paines , the head doth not onely suffer by participation , but withall by consideration of the euill . certainly , the point of honour well weighed hath nothing in it to euen the ballance , for by your maiesties fauour , your maiesty doth not yeeld either to any person , or to any power , but to a dispute onely , in which the proposition and minor proue nothing without a conclusion , which no other person or power can make , but a maiesty : yea , this in henry the third his time was called a wisedome incomparable . for , the king raised againe , recouers his authority : for , being in that extremity as hee was driuen with the queene and his children , cum abbatibus & prioribus saris homilibus hospitia quaerere & prandia : for the rest , may it please your maiesty to consider that there can nothing befall your maiesty in matters of affaires more vnfortunately then the summons of a parliament , with ill successe : a dishonour so perswasiue and aduenturous as it will not onely finde arguments ; but it will take the leading of all enemies that shall offer themselues against your maiesties estate . le labourin de la paurete ne saict poinct de breuct : of which dangerous disease in princes , the remedy doth chiefly consist in the loue of the people , which how it may be had and held , no man knowes better then your maiesty ; how to loose it , all men know , and know that it is lost by nothing more then by the defence of others in wrong doing . the onely motiues of mischances that euer came to kings of this land since the conquest . it is onely loue ( most renowned soueraigne ) must prepare the way for your maiesties following desires . it is loue which obeyes , which suffers , which giues , which stickes at nothing : which loue , as well of your maiesties people , as the loue of god to your maiesty , that it may alwayes hold shall be the continuall prayers of your maiesties most humble vassall , walter ralegh . a dialogve betweene a covnsellovr of state , and a ivstice of peace . covnsellovr . now sir , what thinke you of m s ▪ iohns tryall in star-chamber ? i know that the bruite ranne that he was hardly dealt withall , because he was imprisoned in the towre , seeing his disswasion from granting a benevolence to the king was warranted by the law. ivstice . surely sir it was made manifest at the hearing , that m.s. iohn was rather in loue with his owne letter ; he confessed hee had seene your lordships letter before hee wrote his to the maior of marleborough , and in your lordships letter there was not a word whereto the statutes by m t s t iohn alleadged , had reference ; for those statutes did condemne the gathering of money from the subject , vnder title of a free gift ▪ whereas a fift , a sixt , a tenth , &c. was set downe and required . but my good lord , though diuers shires haue giuen to his maiestie , some more , some lesse , what is this to the kings debt ? covns . we know it well enough , but we haue many other projects . ivst . it is true my good lord : but your lordship will find , that when by these you haue drawn many petty summs frō the subjects , & those sometimes spent as fast as they are gathered , his maiesty being nothing enabled thereby , when you shal be forced to demand your great aide , the countrey will excuse it selfe in regard of their former payments . covns . what meane you by the great aide ? ivst . i meane the aide of parliament . covns . by parliament , i would faine know the man that durst perswade the king vnto it , for if it should succeed ill , in what case were he ? ivst . you say well for your selfe my lord : and perchance you that are louers of your selues ( vnder pardon ) do follow the advice of the late duke of alva , who was euer opposite to all resolutions in businesse of importance ; for if the things enterprized succeeded wel , the advice neuer came in question : if ill , ( whereto great vndertakings are commōly subiect ) he then made his advantage by remembring his countrey councell : but my good lord , these reserued polititians are not the best seruants , for hee that is bound to adventure his life for his master , is also bound to adventure his advice , keep not backe councell ( saith ecclesiasticus ) when it may doe good . covns . but sir , i speake it not in other respect then i think it dangerous for the king to assemble the three estates , for thereby haue our former kings alwaies lost somwhat of their prerogatiues . and because that you shall not thinke that i speake it at randome , i will begin with elder times , wherein the first contention began betwixt the kings of this land , and their subiects in parliament . ivst . your lordship shall doe me a singular fauour . covns . you know that the kings of england had no formal parliament till about the th yeare of henry the first , for in his yeare , for the marriage of his daughter , the king raised a tax vpon euery hide of land by the advice of his privy councell alone . but you may remember how the subiects soone after the establishment of this parliament , beganne to stand vpon termes with the king , and drew from him by strong hand and the sword the great charter . ivst . your lordship sayes well , they drew from the king the great charter by the sword , and hereof the parliament cannot be accused , but the lords . covns . you say well , but it was after the establishment of the parliament , & by colour of it , that they had so great daring , for before that time they could not endure to heare of s edwards lawes , but resisted the confirmation in all they could , although by those lawes the subjects of this iland were no lesse free then any of all europe . ivst . my good lord , the reason is manifest ; for while the normans & other of the french that followed the conquerour , made spoyle of the english , they would not endure that any thing but the will of the conquerour should stand for law : but after a discent or two when themselues were become english , & found themselues beaten with their own rods , they then began to sauour the difference betweene subjection & slauery , & insist vpon the law , meum & tuum : & to be able to say vnto themselues , hoc fac & vives : yea that the conquering english in ireland did the like , your lordship knowes it better than i. covns . i thinke you guesse aright : and to the end the subiect may know that being a faithfull seruant to his prince he might enioy his own life , and paying to his prince what belongs to a soueraigne , the remainder was his own to dispose . henry the first to content his vassals , gaue them the great charter , and the charter of forrests . ivst . what reasō then had k. iohn to deny the cōfirmatiō ? covns . he did not , but he on the cōtrary confirmed both the charters with additions , & required the pope whom he had thē made his superior to strengthē him with a goldē bul . ivst . but your honour knowes , that it was not long after , that he repented himselfe . covns . it is true , & he had reason so to do , for the barons refused to follow him into france , as they ought to haue done , and to say true , this great charter vpon which you insist so much , was not originally granted regally and freely : for henry the first did vsurpe the kingdome , and therefore the better to assure himselfe against robert his eldest brother , hee flattered his nobility and people with those charters . yea king iohn that confirmed them had the like respect : for arthur duke of britaine , was the vndoubted heire of the crowne , vpon whom iohn vsurped . and so to conclude , these charters had their originall from kings de facto but not de iure . ivst . but king iohn confirmed the charter after the death of his nephew arthur , when he was then rex de iure also . covns . it is true , for he durst doe no other , standing accursed , whereby few or none obeyed him , for his nobility refused to follow him into scotland : and he had so grieued the people by pulling downe all the parke pales before harvest , to the end his deere might spoyle the corne ; and by seizing the temporalities of so many bishoprickes into his hands , and chiefly for practizing the death of the duke of brittaine his nephew , as also hauing lost normandy to the french , so as the hearts of all men were turned from him . ivst . nay by your fauour my lord. king iohn restored k. edwards lawes after his absolution , and wrote his letters in the ● of his reigne to all sheriffes countermaunding all former oppressions , yea this he did notwithstanding the lords refused to follow him into france . covns . pardon me , he did not restore king edwards lawes then , nor yet confirmed the charters , but he promised vpon his absolution to doe both : but after his returne out of france , in his th yeare he denyed it , because without such a promise he had not obtained restitution , his promise being constrained , and not voluntary . ivst . but what thinke you ? was hee not bound in honour to performe it ? covns . certainely no , for it was determined the case of king francis the first of france , that all promises by him made , whilst he was in the hands of charles the fifth his enemie , were voide , by reason the iudge of honour , which tells vs he durst doe no other . ivst . but king iohn was not in prison . covns . yet for all that , restraint is imprisonment , yea , feare it selfe is imprisonment , and the king was subject to both : i know there is nothing more kingly in a king than the performance of his word ; but yet of a word freely and voluntarily giuen . neither was the charter of henry the first so published , that all men might plead it for their advantage : but a charter was left ( in deposito ) in the hands of the archbishop of canterbury for the time , and so to his successours . stephen langthon , who was euer a traytor to the king , produced this charter , and shewed it to the barons , thereby encouraging them to make warre against the king. neither was it the old charter simplie the barons sought to haue cōfirmed , but they presented vnto the king other articles and orders , tending to the alteration of the whole common-wealth , which when the king refused to signe , the barons presently put themselues into the field , and in rebellious and outragious fashion sent the king word except he confirmed them , they would not desist from making warre against him till he had satisfied them therein . and in conclusion , the king being betrayed of all his nobility , in effect was forced to graunt the charter of magna charta , and charta de forestis , at such time as he was invironed with an army in the meadowes of staynes , which charters being procured by force , pope innocent afterward disavowed , & threatned to curse the barons if they submitted not themselues as they ought to their soueraigne lord , which when the lords refused to obey , the king entertained an army of strangers for his own defence , wherewith hauing mastered & beaten the barons , they called in lewes of france ( a most vnnaturall resolution ) to be their king. neither was magna charta a law in the th of henry the ● , but simply a charter which hee confirmed in the ● of his reigne , & made it a law in the th , according to littletons opinion . thus much for the beginning of the great charter , which had first an obscure birth from vsurpation , and was secondly fostered & shewed to the world by rebellion . ivst . i cannot deny but that all your lordship hath said is true ; but seeing the charters were afterwards so many times confirmed by parliament & made lawes , & that there is nothing in them vnequall or prejudicial to the king : doth not your honour thinke it reason they should be obserued ? covns . yes , & obserued they are in all that the state of a king can permit , for no man is destroyed but by the lawes of the land , no man disseized of his inheritance but by the lawes of the land , imprisoned they are by the prerogatiue wherē the king hath cause to suspect their loyaltie : for were it otherwise , the king should neuer come to the knowledge of any conspiracy or treason against his person or state , and being imprisoned , yet doth not any man suffer death but by the law of the land . ivst . but may it please your lordship , were not cornewallis , sharpe , & hoskins , imprisoned , being no suspition of treason there ? covns . they were , but it cost them nothing . ivst . and what got the king by it ? for in the conclusion ( besides the murmure of the people ) cornewallis , sharpe , & hoskins hauing greatly ouershot themselues , and repented them , a fine of or l was laid on his maiesty for their offences , for so much their diet cost his maiestie . covns . i know who gaue the advice , sure i am that it was none of mine : but thus i say , if you consult your memory , you shall finde that those kings which did in their own times confirme the magna charta , did not onely imprison , but they caused of their nobility and others to bee slaine without hearing or tryall . ivst . my good lord , if you will giue me leaue to speak freely , i say , that they are not well advised that perswade the king not to admit the magna charta with the former reseruations . for as the king can neuer loose a farthing by it , as i shall proue anon : so except england were as naples is , and kept by garrisons of another nation , it is impossible for a king of england to greaten and inrich himselfe by any way so assuredly , as by the loue of his people : for by one rebellion the king hath more losse then by a hundred yeares observance of magna charta . for therein haue our kings beene forced to compound with roagues and rebels , and to pardon them , yea the state of the king , the monarchie , the nobility haue beene endangered by them . covns . well sir , let that passe , why should not our kings raise mony as the kings of france doe by their letters and edicts only ? for since the time of lewes the th , of whom it is said , that hee freed the french kings of their wardship , the french kings haue seldome assembled the states for any contribution . ivst . i will tell you why ; the strength of england doth consist of the people and yeomanry , the pesants of france haue no courage nor armes : in france euery village and burrough hath a castle , which the french call chastean villain , euery good citty hath a good cittadell , the king hath the regiments of his guards and his men at armes alwayes in pay ; yea the nobility of france in whom the strength of france consists , doe alwaies assist their king in those leavies , because them selues being free , they make the same leavies vpon their tennants . but my lord , if you marke it , france was neuer free in effect from ciuill warres , and lately it was endangered either to be conquered by the spaniard , or to be cantonized by the rebellious french themselues , since that freedome of wardship . but my good lord , to leaue this digression , that wherein i would willingly satisfie your lordship , is , that the kings of england haue neuer receiued losse by parliament , or preiudice . covns . no sir , you shall find that the subiects in parliament haue decreed great things to the disadvantage and dishonour of our kings in former times . ivst . my good lord , to avoide confusion , i will make a short repetition of them all , and then your lordship may obiect where you see cause ; and i doubt not but to giue your lordship satisfaction . in the sixt yeare of henry the rd there was no dispute , the house gaue the king two shillings of euery plough land within england , and in the end of the same yeare he had escuage paid him ( to wit ) for euery knights fee two markes in siluer . in the fifth yeare of that king , the lords demaunded the confirmation of the great charter which the kings councell for that time present excused , alleadging that those priviledges , were extorted by force during the kings minoritie , and yet the king was pleased to send forth his writ to the sheriffes of euery county , requiring them to certifie what those liberties vvere , and hovv vsed , & in exchange of the lords demaund , because they pressed him so violently , the king required all the castles & places which the lords held of his , & had held in the time of his father , vvith those manors & lordships vvhich they had heeretofore vvrested from the crovvne , vvhich at that time ( the king being provided of forces ) they durst not deny . in the th yeare he had the th peny of all goods giuen him vpon condition to confirme the great charter : for by reason of the vvars in france , & the losse of rochell , hee vvas then enforced to cōsent to the lords in all they demanded . in the ●● of his reigne hee fined the citty of london at markes , because they had receiued lewes of france . in the th yeare in the parliament at oxford , he revoked the great charter being granted vvhen he vvas vnder age , & gouerned by the earle of pembroke , & the bishop of winchester . in this th yeare the earles of cornevvall & chester , marshall , edward earle of pembroke , gilbert earle of gloucester , warren , hereford , ferrars , & warwicke , & others rebelled against the king , & constrained him to yeeld vnto them in vvhat they demaunded for their particular interest , vvhich rebellion being appeased , he sayled into france , & in his th yeare he had a th of the temporality , & a disme & a halfe of the spirituality , and vvithall escuage of euery knights fee. covns . but what say you to the parliament of westminster in the th of the king , where notwithstanding the wars of france and his great charge in repulsing the welsh rebels , he was flatly denyed the subsedie demaunded . ivst . i confesse , my lord , that the house excused themselues by reason of their pouerty , and the lords taking of armes ; in the next yeare it was manifest that the house was practised against the king : and was it not so , my good lord thinke you in our two last parliaments , for in the first euen those whom his majestie trusted most , betrayed him in the vnion , & in the secōd there were other of the great ones ran counter . but your lordship spake of dangers of parliaments , in this , my lord , there was a deniall , but there was no danger at all : but to returne where i left , what got the lords by practizing the house at that time ? i say that those that brake this staffe vpon the k. were ouerturned with the counterbuffe , for hee resumed all those lands which hee had given in his minority , hee called all his exacting officers to accompt , hee found them all faulty , hee examined the corruption of other magistrates , and from all these he drew sufficient mony to satisfie his present necessity , whereby hee not onely spared his people , but highly contented them with an act of so great iustice : yea hubert earle of kent , the chiefe justice whom hee had most trusted , and most advanced , was found as false to the king , as any one of the rest . and for conclusion in the end of that yeare at the assemblie of the states at lambeth , the king had the fortith part of euery mans goods given him freely towards his debts , for the people , who the same yeare had refused to giue the king any thing , when they sawe hee had squeased those spunges of the common wealth , they willingly yeelded to giue him satisfaction . covns . but i pray you , what became of this hubert , whō the king had favoured aboue all men , betraying his majestie as he did . ivst . there were many that perswaded the king to put him to death , but he could not be drawne to consent , but the king seized vpon his estate which was great ; yet in the end hee left him a sufficient portion , and gaue him his life because hee had done great service in former times : for his majestie , though hee tooke advantage of his vice , yet hee forgot not to haue consideration of his vertue . and vpon this occasion it was that the king , betrayed by those whom hee most trusted , entertayned strangers , and gaue them their offices and the charge of his castles and strong places in england . covns . but the drawing in of those strangers was the cause that marshall earle of pembroke moued warre against the king. ivst . it is true , my good lord , but hee was soone after slaine in ireland , and his whole masculine race , ten yeres extinguished , though there were fiue sonnes of them , & marshall being dead , who was the mouer and ring-leader of that warre , the king pardoned the rest of the lords that had assisted marshall . covns . what reason had the king so to doe ? ivst . because he was perswaded , that they loued his person , & only hated those corrupt counselours , that then bare the greatest sway vnder him , as also because they were the best men of warre hee had , whom if he destroyed , hauing warre with the french , he had wanted commanders to haue served him . covns . but what reason had the lords to take armes ? ivst . because the king entertayned the poictoui●s , were not they the kings vassals also ? should the spaniards rebell , because the spanish king trusts to the neopolitans , portagues , millanoies , and other nations his vassals , seeing those that are governed by the vice-royes and deputies , are in pollicy to be well entertayned and to be employed , who would otherwise devise how to free themselues ; whereas , beeing trusted and imployed by their prince , they entertaine themselues with the hopes that other the kings vassals doe . if the king had called in the spaniards , or other nations , not his subjects , the nobility of england had had reason of griefe . but what people did euer serue the king of england more faithfully then the gascoynes did even to the last of the conquest of that duchy . ivst . your lordship sayes wel , & i am of that opinion that if it had pleased the queene of eng. to haue drawne some of the chiefe of the irish nobility into eng. & by exchange to haue made them good freeholders in eng. , shee had saued aboue . millions of pounds which were consumed in times of those rebellions . for what held the great gascoigne firme to the crowne of england ( of whom the duke of espernon married the inheritrix ) but his earldome of kendall in england , whereof the duke of espernon ( in right of his wife ) beares the title to this day . and to the same end i take it , hath iames our soueraigne lord given lands to divers of the nobility of scotland . and if i were worthy to advise your lordship , i should thinke that your lordship should do the king great service to put him in mind to prohibite all the scottish nation to alienate and sell away their inheritance here ; for they selling , they not only giue cause to the english to complaine that the treasure of england is transported into scotland , but his majesty is thereby also frustrated of making both nations one , and of assuring the service and obedience of the scots in future . covns . you say well , for though those of scotland that are advanced and enriched by the kings majesties will , no doubt serue him faithfully , yet how their heires & successours , hauing no inheritance to loose in england may be seduced is vncertaine . but let vs goe on with our parliament . and what say you to the deniall in the ● yeare of his reigne , even when the king was invited to come into france by the earle of march , who had married his mother , and who promised to assist the king in the conquest of many places lost . ivst . it is true , my good lord , that a subsidy was then denied , & the reasons are delivered in enlish histories , & indeed the king not long before had spent much treasure in ayding the duke of britaine to no purpose , for hee drew ouer the king but to drawe on good conditions for himselfe , as the earle of march his father in law now did : as the english barons did invite lewes of france not long before , as in elder times all the kings and states had done , and in late yeares the leaguers of france entertayned the spaniards , and the french protestants and netherlands , queene elizabeth , not with any purpose to greaten those that ayde them , but to purchase to themselues an advantageous peace . but what say the histories to this deniall ? they say with a world of payments there mentioned , that the king had drawne the nobility drie . and besides , that whereas not long before great summes of mony were giuen , and the same appointed to be kept in foure castles , and not to be expended but by the aduice of the peeres ; it was beleeved that the same treasure was yet vnspent . covns . good sir you haue said enough , judge you whether it were not a dishonour to the king to be so tyed , as not to expend his treasure , but by other mens aduice as it were by their licence . ivst . surely my lord , the king was well aduised to take the mony vpon any condition , & they were fooles that propounded the restraint , for it doth not appeare that the king tooke any great heed to those ouerseers . kings are bound by their piety and by no other obligation . in queene maries time , when it was thought that shee was with child , it was propounded in parliament , that the rule of the realme should bee giuen to king philip during the minority of the hoped prince or princesse , and the king offered his assurance in great summes of money to relinquish the government at such time as the prince or princesse should bee of age : at which motion when all else were silent in the house , lord dueres ( who was none of the wisest ) asked who shall sue the kinges bondes , which ended the dispute , for what bonde is betweene a king and his vassals , then the bond of the kinges faith ) but my good lord the king notwithstanding the deniall at that time was with gifts from perticular parsons , & otherwise supplyed for proceeding of his iourney for that time into france , he tooke with him caskes filled with silver and coyne which was a great treasure in those dayes . and lastly notwithstanding the first denyall in the kings absence hee had escuage graunted him ( to wit ) s of euery knights fee. covns : what say you then to the ● yeare of that king in which when the king demaunded reliefe , the states would not consent except the same former order had bin taken for the appointing of overseers for the treasure . as also that the lord chief iustice & the lord chancellor should be chosē by the states with some barōs of the exchequor & other officers . ivs : my good lord admit the king had yeelded their demaunds , then whatsoever had beene ordained by those magistrates to the dislike of the common wealth , the people had beene without remedie , whereas while the king made them they , had their appeale and other remedies . but those demaunds vanished and in the end the king had escuage giuen him without any of their conditions . it is an excellent vertue in a king to haue patience and to giue way to the fury of mens passions . the whale when he is stroken by the fisherman , growes into that fury , that he cannot be resisted , but will overthrowe all the ships and barkes that come in to his way , but when he hath tumbled a while , hee is drawne to the shore with a twind thred . covns : what say you then to the parliament in the th of that king. ivst : i say that the commons being vnable to pay , the king relieues himselfe vpon the richer sort , and soe it likewise happened in the of that king , in which hee was relieued chiefely by the citty of london . but my good lord in the parliament in london in the yeare , he had giuen him the tenth of all the revenues of the church for three yeares , and markes of every knights fee throughout the kingdome vpō his promise & oath vpon the obscruing of magna charta but in the end of the same yeare , the king being thē in france , he was denyed the aydes which he required . what is this to the danger of a parliament ? especially at this time they had reason to refuse , they had giuen so great a some in the beginning of the same yeare . and again because it was known that the king had but pretended warre with the king of castile with whome he had secretly contracted an alliance and concluded a marriage betwixt his sonne edward and the lady elenor. these false fires doe but freight children and it commonly falles out that when the cause giuen is knowne to be false , the necessity pretended is thought to be fained , royall dealing hath euermore royall successe : and as the king was denied in the eight & thirtyeth yeare , so was he denyed in the nine & thirtieth yeare , because the nobility and the people saw , that the king was abused by the pope it plainly who aswell in despite to manfred bastard son to the emperour fredericke the second , as to cozen the king and to wast him , would needes bestowe on the king the kingdome of sicilie , to recouer which , the king sent all the treasure he could borrow or scrape to the pope , and withall gaue him letters of credence , for to take vp what he could in italy , the king binding himselfe for the payment . now my good lord the wisdome of princes is seen in nothing more then in their enterprises . so how vnpleasing it was to the state of england to consume the treasure of the land , & in the conquest of sicily so farre of , and otherwise for that the english had lost normandy vnder their noses and so many goodly parts of france of their owne proper inheritances : the reason of the deniall is as well to be considered as the denyall . cons . was not the king also denyed a subsidie in the fourty first of his raigne ? ivst . no my lord , for although the king required mony as before for the impossible conquest of sicily , yet the house offered to giue markes , which whether hee refused or accepted is vncertaine , & whilst the king dreamed of sicily , the welsh inuaded & spoyled the borders of england , for in the parliament of london , when the king vrged the house for the prosecuting the cōquest of sicily , the lords vtterly disliking the attempt , vrged the prosecuting of the welshmen : which parlament being proroged did again assemble at oxford , & was called the madde parlamēt , which was no other thē an assembly of rebels , for the royall assent of the k. which giues life to all lawes , form'd by the three estates , was not a royal assent , when both the k. & the prince were cōstrained to yeeld to the lords . a cōstrained consent is the consent of a captiue & not of a k. , & therefore there was nothing done there either legally or royally . for if it be not properly a parliament where the subiect is not free , certainely it can be none where the king is bound , for all kingly rule was taken from the king , and twelue peeres appointed , and as some writers haue it peeres , to gouerne the realme , and therefore the assembly made by iack strawe & other rebels may aswell bee called a parliament as that of oxford . principis nomen habere , non est esse princeps , for thereby was the king driuen not only to cōpoūd all quarrels with the french , but to haue meanes to be revenged on the rebell lords : but he quitted his right to normādy aniou & mayne . covns . but sir what needed this extremity , seeing the lords required but the confirmation of the former charter , which was not preiudiciall to the king to graunt ? ivst . yes my good lord , but they insulted vpon the king and would not suffer him to enter into his own castles , they put downe the purvey or of the meate for the maintenance of his house as if the king had beene a bankrupt , and gaue order that without ready money he should not take vp a chicken . and though there is nothing against the royalty of a king in these charters ( the kings of england beeing kings of freemen and not of slaues ) yet it is soe contrary to the nature of a king to bee forced euen to those thinges which may be to his advantage , as the king had some reason to seeke the dispensation of his oath from the pope , and to drawe in strangers for his owne defence : yea iure saluo coronae nostrae is intended inclusiuely in all oathes and promises exacted from a soueraigne . covns : but you cānot be ignorant how dangerous athing it is to cal in other natiōs both for the spoile they make , as also so , because they haue often held the possession of the best places with which they haue beene trusted . ivst : it is true my good lord , that there is nothing so daungerous for a king as to be constrained and held as prisoner to his vassals , for by that , edward the second , and richard the second lost their kingdomes and their liues . and for calling in of strangers , was not king edward the sixth driuen to call instrangers against the rebels in norfolke , cornewall , oxfordshire and elsewhere ? haue not the k s. of scotland beene oftentimes constrained to entertaine strangers against the kings of england , and the king of england at this time had he not bin diuerse times assisted by the kings of scotlād , had bin endāgered to haue bin expelled for ever . covns . but yet you knowe those kings were deposed by parliament . ivst : yea my good lord being prisoners , being out of possession and being in their hands that were princes of the blood and pretenders . it is an old countrey prouerbe : ( that might overcomes right ) a weake title that weares a strong sword , commonly prevailes against a strong title that weares but a weake one , otherwise philip the second had never bin duke of portugal , nor duke of millayne , nor k. of naples & scicilie . but good lord errores not sunt trah ▪ udi in exemplum : i speake of regall , peaceable , and lawfull parliaments . the king at this time was but a king in name , for glocester , leycester and chichester made choise of other nyne , to whom the rule of the realme was committed , & the prince was forced to purchase his liberty frō the earle of leycester , by giuing for his ransome the county pallatine of chester . but my lord let vs judge of those occasions by their events , what became of this proud earle ? was hee not soone after slaine in euesham ? was he not left naked in the field , and left a shamefull spectacle , his head being cut off from his shoulders , his priuy parts from his body & laid on each side of his nose ? and did not god extinguish his race , after which in a lawfull parliament at westminster ( confirmed in a following parliament of westminster , were not all the lords that followed leycester disinherited ? and when that foole glocester , after the death of leycester ( whom he had formerly forsaken ) made himselfe the head of a second rebellion , and called in strangers , for which not lōg before he had cried out against the k. was not hee in the end , after that hee had seene the slaughter of so many of the barons ▪ the spoile of their castles , & lordships constrained to submit himselfe , as all the suruiuers did , of which they that sped best ▪ payd their sines and ransomes , the king reserving to his younger sonne , the earledomes of leycester and derby . covn : well sir , we haue disputed this king to his graue , though it be true , that he outliued all his enimies , & brought them to confusion , yet those examples did not terrifie their successors , but the earle marshall , and hereford , threatned king edward the first , with a new warre . ivst : they did so , but after the death of hereford , the earle marshall repented himselfe , and to gaine the kings favour , he made him heire of all his lands . but what is this to the parliament ? for there was never k. of this land had more giuen him for the time of his raigne , then edward the sonne of henry the third had . covns : how doth that appeare ? ivst : in this sort my good lord , in this kings third yeare he had giuen him the fifteenth part of all goods . in his sixt yeare a twentith . in his twelfth yeare a twentyeth , in his fourteenth yeare hee had escuage ( to wit ) forty shillings of euery knights fee : in his eighteenth yeare hee had the eleventh part of all moueable goods within the kingdome , in his nineteenth yeare the tenth part of all church liuings in england , scotland and ireland , for sixe yeares , by agreement from the pope , in his three & twentith yeare he raised a taxe vpō wooll and fels , & on a day caused all the religious houses to be searched , & al the treasure in thē to be seized & brought to his coffers , excusing himselfe by laying the fault vpō his treasurer , he had also in the end of the same yeare , of algoods , of all burgesses , & of the commons the ● part , in the ● yeare of the parliamēt of s t edmūdsbury , he had an th part of the goods of the burgesses , and of the people in generall , the tenth part . hee had also the same yeare by putting the clergy out of his protection a fift part of their goods , and in the same yeare he set a great taxe vpon wools , to wit , from halfe a marke to ● vpon euery sacke , wherevpon the earle marshall , and the earle of hereford refusing to attend the king into flanders pretended the greeuances of the people but in the end the king hauing pardoned thē , & cōfirmed the great charter , he had the ninth penny of all goods from the lords and commons of the clergy , in the south hee had the tenth penny , and in the north the fift penny . in the two and thirtyeth yeare he had a subsedy freely graunted . in the three and thirtyeth yeare hee confirmed the great charter of his owne royall disposition , and the states to shew their thankfulnesse , gaue the king for one yeare , the fift part of all the revenues of the land and of the citizens the sixt part of their goods . and in the same yeare the king vsed the inquisition called traile baston . by which all iustices and other magistrates were grievously fined that had vsed extortion or bribery , or had otherwise misdemeaned themselues to the great contentation of the people . this commission likewise did enquire of intruders , barrators & all other the like vermine , whereby the king gathered a great masse of treasure with a great deale of loue . now for the whole raigne of this king , who governed england yeares , there was not any parliament to his preiudice . covns : but there was taking of armes by marshall and hereford . ivst : that 's true , but why was that ? because the king , notwithstanding all that was giuen him by parliament , did lay the greatest taxes that ever king did without their consent . but what lost the king by those lords ? one of them gaue the king all his lands , the other dyed in disgrace . covns : but what say you to the parliament in edward the seconds time his successor : did not the house of parliament banish peirce gaueston whom the king favoured ? ivst : but what was this gaueston but an esquier of gascoine , formerly banisht the realme by king edward the first , for corrupting the prince edward , now raigning . and the whole kingdome fearing and detesting his venemous disposition , they besought his maiesty to cast him off , which the king performed by an act of his owne , and not by act of parliament , yea gauestons owne fatherinlawe , the earle of glocesterw , as one of the chiefest of the lords that procured it . and yet finding the kings affection to follow him so strongly , they all consented to haue him recalled . after which when his credit so increased , that hee despised and set at naught all the auncient nobility , and not onely perswaded the king to all manner of outrages and riots , but withall transported what he listed of the kings treasure , and jewels , the lords vrged his banishment the second time , but neither was the first nor second banishment forced by acte of parliament , but by the forceable lords his enemies . lastly hee being recalled by the king , the earle of lancaster caused his head to bee stricken off , when those of his party had taken him prisoner . by which presumptuous acts , the earle and the rest of his company committed treason and murder , treason by raysing an army without warrant , murder by taking away the life of the kings subiect . after which gaveston being dead , the spencers got possession of the kings favour , though the younger of them was placed about the k. by the lords themselues . covns . what say you then to the parliament held at london about the sixt yeare of that king ? ivst . i say that king was not bound to performe the acts of this parliament , because the lords beeing too strong for the king , inforced his consent , for these be the words of our own history . they wrested too much beyond the boūds of reasō . cons . what say you to the parliaments of the white wands in the th of the king . ivst . i say the lords that were so moued , came with an army , and by strong hand surprised the king , they constrained , ( sayth the story ) the rest of the lords and compelled many of the bishops to consent vnto them , yea it sayth further , that the king durst not but graunt to all that they required , ( to wit ) for the banishment of the spencers . yea they were so insolent that they refused to lodge the queene cōming through kent in the castle of leedes , and sent her to prouide her lodging where shee could get it so late in the night , for which notwithstanding some that kept her out were soone after taken and hang'd , and the refore your lordship cannot call this a parliament for the reasons before alleaged . but my lord what became of these lawgiuers to the king , even when they were greatest , a knight of the north called andrew herkeley assembled the forces of the countrey , ouerthrew them and their army , slewe the earle of hereford and other barons , tooke their generall thomas earle of lancaster , the kinges cozen-germane at that tyme possessed of fiue earledomes , the lords clifford , talbort , mowbray , maudiut , willington , warren , lord darcy , withers , kneuill , leybourne , bekes , louell , fitzwilliams , watervild , and diverse other barons , knights and esquires , and soone after the lord percy , and the lord warren tooke the lords baldsemere , and the lord audley , the lord teis , gifford , tuchet , and many others that fled from the battaile , the most of which past vnder the hands of the hangman , for constraining the king vnder the colour and name of a parliament . but this your good lordship may iudge , to whom , those tumultuous assemblies ( which our histories falsely call parliaments haue beene daungerous , the kings in the end ever preuailed , and the lords lost their liues , & estates . after which the spencers in their banishment at yorke , in the th of the king , were restored to the honors and estates , and therein the king had a subsedy giuen him the sixt penny of goods throughout england , ireland , and wales . covns : yet you see the spencers were soone after dissolued . ivst : it is true my lord , but that is nothing to our subiect of parliament , they may thanke their owne insolencie , for they branded & despised the queene , whom they ought to haue honored as the kings wife ; they were also exceeding greedy , & built thēselues vpon other mens ruines , they were ambitious & exceeding malitious , wherevpon that came , that when chamberlaine spencer was hang'd in hereford , a part of the th psalme was written over his head : quid gloriaris in malitia potens ? covns . well sir , you haue all this while excused your selfe vpon the strength and rebellions of the lords , but what say you now to king edward the third , in whose time ( and during the time of this victorious king , no man durst take armes or rebel ) the three estates did him the greatest affront that euer king receiued or endured , therefore i conclude where i began , that these parliaments are dangerous for a king . ivst . to answere your lordship in order , may it please you first to call minde , what was giuen this great king by his subjects before the dispute betwixt him and the house happened , which was in his latter dayes , from his first yeare to his fift yeare there was nothing giuen the king by his subjects : in his eight yeare at the parliament at london a tenth and a fifteenth was graunted : in his tenth yeare hee ceased vpon the italians goods heere in england to his owne vse , with all the goods of the monkes cluniacqs and others , of the order of the cistertians . in the eleuenth yeare , hee had given him by parliament a notable relief , the one halfe of the woolls throughout england , and of the cleargy all their wools , after which , in the end of the yeare hee had granted in his parliament at westminster , forty shillings vpon every sacke of wool , and for every thirty wool fels forty shillings , for every last of leatherne , as much , and for all other merchandizes after the same rate . the king promising that this yeares gathering ended , he would thenceforth content himselfe with the old custome , he had ouer and aboue this great ayde the eight part of all goods of all citizens and burgesses , and of others as of forreigne marchants , & such as liued not of the gaine of breeding of sheepe and cattell the fifteenth of their goods : nay my lord : this was not all : though more then euer was granted to any king , for the same parliament bestowed on the king the ninth sheafe of all the corne within the lande , the ninth fleece , and the ninth lambe for two yeares next following : now what thinke your lordship of this parliament . covns . i say they were honest men . ivst : and i say , the people are as loving to their king now , as euer they were , if they bee honestly and wisely dealt withall , and so his majestie hath found them in his last two parliaments , if his majestie had not beene betrayed by those whom he most trusted . covns . but i pray you sir , who shall a king trust , if he may not trust those whom he hath so greatly advanced ? ivst . i will tell your lordship whom the king may trust . covns . who are they ? ivst . his owne reason , and his owne excellent judgement which haue not deceived him in any thing , wherein his majestie hath beene pleased to exercise them , take councell of thine heart ( saith the booke of wisedome ) for there is none more faithfull vnto thee then it . covns . it is true , but his majestie found that those wanted no judgement whom hee trusted , and how could his majestie divine of their honesties ? ivst . will you pardon mee if i speake freely , for if i speake out of loue , which ( as salomon saith ) covereth all trespasses , the trueth is , that his majestie would never beleeue any man that spake against them , and they knew it well enough , which gaue them boldnesse to do what they did . covns . what was that ? ivst . even , my good lord , to ruine the kings estate so farre as the state of so great a king may be ruin'd by men ambitious and greedy without proportion . it had beene a braue increase of revenue , my lord , to haue raysed ′ land of the kings to ′ revenue , and to raise the revenue of wards to ′ more , ′ added to the rest of his majesties estate , had so enabled his majestie , as hee could never haue wanted . and my good lord , it had beene an honest service to the king , to haue added ′ lands of the lord cobhams , woods and goods being worth ′ more . covns . i know not the reason why it was not done . ivst . neither doth your lordship , perchance knowe the reason why the ′ offer'd by swinnerton for a fine of the french wines , was by the then lord treasurer conferr'd on devonshire and his mistris . covns . what moued the treasurer to reject & crosse that raising of the kings lands ? ivst . the reason , my good lord , is manifest , for had the land beene raised , then had the king knowne when hee had given or exchanged land , what hee had giuen or exchanged . covns . what hurt had that beene to the treasurer whose office is truely to informe the king of the value of all that he giveth ? ivst . so hee did when it did not concerne himselfe nor his particular , for hee could neuer admit any one peece of a good manour to passe in my lord aubignes booke of ′ land , till hee himselfe had bought , & then all the remaining flowers of the crowne were culled out . now had the treasurer suffer'd the kings lands to haue been raised , how could his lordshippe haue made choice of the old rents , as well in that book of my lord aubigne , as in exchange of theobalds , for which hee tooke hatfield in it , which the greatest subject or favorite queene elizabeth had never durst haue named vnto her by way of gift or exchange . nay my lord , so many other goodly mannors haue passed from his majestie , as the very heart of the kingdome mourneth to remember it , and the eyes of the kingdome shedde teares continually at the beholding it ▪ yea the soule of the kingdome is heavy vnto death with the consideration thereof , that so magnanimous a prince , should suffer himselfe to be so abused . covns . but sir you knowe that cobhams lands were entayled vpon his cosens . ivst . yea , my lord , but during the liues and races of george brooke his children , it had beene the kings , that is to say , for euer in effect , but to wrest the king , and to draw the inheritance vpon himselfe , he perswaded his majestie to relinquish his interest for a petty summe of money ; and that there might be no counterworking , he sent brooke l to make friends , vvhereof himselfe had l backe againe , buckhurst and barwicke had the other l , and the treasurer and his heires the masse of land for euer . covns . what then i pray you came to the king by this great confiscation . ivst . my lord , the kings majestie by all those goodly possessiōs , vvoods & goods looseth l by the yere which he giueth in pension to cobham , to maintaine him in prison . cov . certainly , even in conscience they should haue reserved so much of the land in the crowne , as to haue giuen cobham meate and apparell , & not made themselues so great gainers , and the king l ( per annum ) looser by the bargaine , but it 's past : consilium non est eorum quae fieri nequeunt . ivst . take the rest of the sentence , my lord : sed consilium versatur in iis quae sunt in nostra potestate . it is yet , my good lord , in potestate regis , to right himselfe . but this is not all my lord : and i feare mee , knowing your lordships loue to the king , it would put you in a feaver to heare all : i will therefore goe on vvith my parliaments . covns . i pray doe so , and amongst the rest , i pray you what say you to the parliament holden at london in the fifteenth yeare of king edward the third ? ivst . i say there was nothing concluded therein to the prejudice of the king. it is true , that a litle before the sitting of the house , the king displaced his chancellour and his treasurer , and most of all his judges and officers of the exchequer , and committed many of them to prison , because they did not supplie him with mony being beyond the seas , for the rest , the states assembled , besought the king that the lawes of the two charters might bee obserued , and that the great officers of the crowne might bee chosen by parliament . covns . but what successe had these petitions . ivst . the charters were observed , as before , & so they wil be euer , & the other petition was reiected , the king being pleas'd notwithstanding , that the great officers should take an oath in parliament to doe iustice. now for the parliament of westminster , in the th yeare of the king , the king had three markes and a halfe for euery sacke of wooll transported ; and in his th he had a th of the clergy , and a ● of the laity for one yeare . his maiesty forbare after this to charge his subiects with any more payments , vntill the th of his reigne , when there was giuen the king by parliament for euery sacke of wooll transported for sixe yeares , by which grant , the king receiued a thousand marks a day , a greater matter then a thousand pounds in these dayes , & a l a day amounts to a yeare , which was one of the greatest presents that euer was giuen to a king of this land . for besides the cheapnes of all things in that age , the kings souldiers had but d a day wages , a man at armes l , a knight but ● . in the parliament at westminster , in the ● yeare he had ● d for euery sacke of wooll transported , & in the t● yeare dismes & fifteens . in his l yeare he had of the layty , & because the spiritualty disputed it , & did not pay so much , the king chang'd his chancellour , treasurer , and privy seale , being bishops , and placed lay men in their roome . covns . it seemes that in those dayes the kings were no longer in loue with their great chancellors , then when they deserued well of them . ivst . no my lord , they were not , & that was the reason they were well serued , & it was the custome then , & in many ages after , to change the treasurer & the chancellour euery yeares , & withall to heare all mens complaints against thē . covns . but by this often change , the saying is verified , that there is no inheritance in the fauour of kings . hee that keepeth the figge tree ( saith salomon ) shall eat the fruite thereof ; for reason it is that the seruant liue by the master . ivst . my lord , you say well in both , but had the subiect an inheritance in the princes favor , where the prince hath no inheritance in the subiects fidelity , then were kings in more vnhappy estate then common persons . for the rest , salomon meaneth not , that he that keepeth the figge tree should surfet , though he meant he should eate , hee meant not hee should breake the branches in gathering the figs , or eate the ripe , & leaue the rotten for the owner of the tree ; for what saith hee in the following chapter , he saith that he that maketh haste to be rich , cannot be innocent . and before that , he saith , that the end of an inheritance hastily gotten , cannot be blessed . your lordship hath heard of few or none great with kings , that haue not vsed their power to oppresse , that haue not grown insolent & hatefull to the people ; yea , insolent towards those princes that advanced them . covns . yet you see that princes can change their fancies . ivst . yea my lord , when favorites change their faith , when they forget that how familiar socuer kings make thēselues with their vassals , yet they are kings : he that provoketh a king to anger ( saith salomon ) sinneth against his owne soule . and he further saith , that pride goeth before destruction , and a high minde before a fall . i say therefore , that in discharging those lucifers , how deare soeuer they haue beene , kings make the world know that they haue more of iudgement then of passion , yea they thereby offer a satisfactory sacrifice to all their people , too great benefits of subjects to their king , where the minde is blowne vp with their owne deseruings , and too great benefits of kings confer'd vpon their subiects , where 〈◊〉 minde is not qualified with a great deale of modesty , are equally dangerous . of this later and insolenter , had king richard the second deliuered vp to iustice but three or foure , he had still held the loue of the people , and thereby his life and estate . covns . well , i pray you goe on with your parliaments . ivst . the life of this great king edward drawes to an end , so doe the parliaments of this time , where in yeares raigne , he neuer receiued any affront , for in his th yeare he had a disme and a fifteene granted him freely . covns . but sir it is an olde saying , that all is well that ends well : iudge you whether that in his th yeare in parliament at westminster hee receiued not an affront , when the house vrged the king to remoue & discharge frō his presence the duke of lancaster , the lord latimer his chamberlaine , sir richard sturry , and others whom the king fauoured and trusted . nay , they pressed the king to thrust a certaine lady out of the court , which at that time bare the greatest sway therein . ivst . i will with patience answere your lordship to the full , and first your lordship may remember by that which i euen now said , that neuer king had so many gifts as this king had from his subiects , and it hath neuer grieued the subiects of england to giue to their king , but when they knew there was a devouring lady , that had her share in all things that passed , and the duke of lancaster was as scraping as shee , that the chancellour did eat vp the people as fast as either of them both . it grieued the subjects to feede these cormorants . but my lord there are two things by which the kings of england haue beene prest , ( to wit ) by their subiects , and by their owne necessities . the lords in former times were farre stronger , more warlike , better followed , liuing in their countries , then now they are . your lordship may remember in your reading , that there were many earles could bring into the field a thousand barbed horses , many a baron or barbed horses , whereas now very few of them can furnish twenty fit to serue the king. but to say the truth my lord , the iustices of peace in england , haue oppos'd the iniusticers of warre in england , the kings writ runs ouer all , & the great scale of england , with that of the next constables will serue the turne to affront the greatest lords in england that shall moue against the king. the force therefore by which our kings in former times were troubled , is vanisht away . but the necessities remaine . the people therefore in these later ages , are no lesse to bee pleased then the peeres ; for as the later are become lesse , so by reason of the trayning through england , the commons haue all the weapons in their hands . covns . and was it not so euer ? ivst . no my good lord , for the noblemen had in their armories to furnish some of thē a thousand , some two thousand , some three thousand men , whereas now there are not many that can arme fifty . covns . can you blame them ? but i will only answere for my selfe , betweene you & me be it spoken , i holde it not safe to maintaine so great an armory or stable , it might cause me , or any other nobleman to be suspected , as the preparing of some innovation . ivst . why so my lord , rather to bee commended as preparing against all danger of innovation . covns . it should be so , but call your observation to accompt , & you shall find it as i say , for ( indeed ) such a jelousie hath been held euer since the time of the ciuill wars , ouer the military greatnes of our nobles , as made them haue litle will to bend their studies that wayes : wherefore let euery man prouide according as hee is rated in the muster booke , you vnderstand me . ivst . very well my lord , as what might be replyed in the preceiuing so much ; i haue euer ( to deale plainly and freely with your lordship ) more fear'd at home popular violence , then all the forreine that can be made , for it can neuer bee in the power of any forreine prince , without a papisticall party , either to disorder or endanger his majesties estate . covns . by this it seemes , it is no lesse dangerous for a king to leaue the power in the people , then in the nobility . ivst . my good lord , the wisdome of our owne age , is the foolishnes of another , the time present ought not to bee prefer'd to the policy that was , but the policy that was , to the time present . so that the power of the nobility being now withered , and the power of the people in the flowre , the care to content them would not be neglected , the way to win them often practized , or at least to defend them from oppression . the motiue of all dangers that euer this monarchy hath vndergone , should bee carefully heeded , for this maxime hath no posterne , potestas humana radicatur in voluntatibus hominum . and now my lord , for king edward it is true , though he were not subject to force , yet was hee subiect to necessity , which because it was violent , hee gaue way vnto it , potestas ( saith pythagoras ) iuxia necessitatem habitat . and it is true , that at the request of the house he discharged & put from him those before named , which done , he had the greatest gift ( but one ) that euer he receiued in all his dayes ( to wit ) from euery person , man & woman aboue the age of fourteen yeares . ● of old mony , which made many millions of groats , worth ● of our mony . this he had in generall , besides he had of euery beneficed priest , d. and of the nobility & gentry , i know not how much , for it is not set down . now my good lord , what lost the king by satisfying the desires of the parliament house ; for assoone as hee had the money in purse , hee recalled the lords , and restored them , & who durst call the king to accompt , when the assembly were dissolued . where the word of a king is , there is power ( saith ecclesiasticus ) who shall say vnto him , what doest thou ? saith the same author , for euery purpose there is a time & judgment , the king gaue way to the time , & his judgmēt persweded him to yeeld to necessity , consularius nemo melior est quàm tempus . covns . but yet you see the king was forc'd to yeeld to their demaunds . ivst . doth your lordship remember the saying of monsieur de lange , that he that hath the profit of the warre , hath also the honour of the warre , whether it be by battaile or retreate , the king you see had the profit of the parliament , and therefore the honour also , what other end had the king then to supply his wants . a wise man hath euermore respect vnto his ends : and the king also knew that it was the loue that the people bare him , that they vrged the remouing of those lords , there was no man among them that sought himselfe in that desire , but they all sought the king , as by the successe it appeared . my good lord , hath it not been ordinary in england and in france to yeeld to the demaunds of rebels , did not king richard the second graunt pardon to the outragious roagues & murtherers that follovved iack straw , & wat tyler , after they had murthered his chancellor , his treasurer , chiefe iustice , and others , brake open his exchequer , and committed all manner of outrages and villanies , and why did he doe it , but to avoid a greater danger : i say the kings haue then yeelded to those that hated them and their estates , ( to wit ) to pernicious rebels . and yet without dishonour shall it be called dishonour for the king to yeeld to honest desires of his subjects . no my lord , those that tell the king those tales , feare their own dishonour , and not the kings , for the honour of the king is supreame , and being guarded by iustice and piety , it cannot receiue neither wound nor stayne . covns . but sir , what cause haue any about our king to feare a parliament ? ivst . the same cause that the earle of suffolke had in richard the seconds time , and the treasurer fartham , with others ; for these great officers being generally hated for abusing both the king and the subiect , at the request of the states were discharged , and others put in their roomes . covns . and was not this a dishonour to the king ? ivst . certainly no , for king richard knew that his grandfather had done the like , and though the king was in his heart vtterly against it , yet had hee the profite of this exchange ; for suffolke was fined at markes , & ● lands . covns . well sir , we will speake of those that feare the parliament some other time , but i pray you goe on with that , that happened in the troublesome raigne of richard the second who succeeded , the grandfather beeing dead . ivst . that king , my good lord , was one of the most vnfortunate princes that euer england had , hee was cruell , extreame prodigall , and wholly carryed away with his two minions , suffolk ▪ & the duke of ireland , by whose ill advice & others , he was in danger to haue lost his estate ; which in the end ( being led by men of the like temper ) he miserably lost . but for his subsedies hee had giuen him in his first yeare being vnder age two tenths , and two fifteenes : in which parliament , alice peirce , who was remoued in king edwards time , with lancaster , latimer , and sturry . were confiscate & banished . in his second yeare at the parliament at glocester , the king had a marke vpon euery sacke of wooll , and d the pound vpon wards . in his third yeare at the parliament at winchester , the commons were spared , and a subsedy giuen by the better sort , the dukes gaue markes , and earles markes , bishoppes and abbots with myters fixe markes , euery marke ● d , & euery knight , iustice , esquier , shrieue , parson , vicar , & chaplaine , paid proportionably according to their estates . covns . this me thinkes was no great matter . ivst . it is true my lord , but a little mony went far in those dayes : i my selfe once moued it in parliament in the time of queene elizabeth , who desired much to spare the common people , and i did it by her commaundement ; but when we cast vp the subsedy bookes , wee found the summe but smal , whē the ● men were left out . in the beginning of his fourth yeare , a tenth with a fifteene vvere granted vpon condition , that for one vvhole yeare no subsedies should bee demaunded ; but this promise vvas as suddenly forgotten as made , for in the end of that yeare , the great subsedy of poll mony vvas granted in the parliament at northampton . covns . yea , but there follovved the terrible rebellion of baker , straw , and others , leister , wrais , and others . ivst . that vvas not the fault of the parliament my lord , it is manifest that the subsedy giuen vvas not the cause ; for it is plaine that the bondmen of england began it , because they vvere grieuously prest by their lords in their tenure of villenage , as also for the hatred they bare to the lavvyers & attorneyes : for the story of those times say , that they destroyed the houses & mannors of men of lavv , and such lavvyers as they caught , slevv them , & beheaded the lord chiefe iustice , which commotion being once begun , the head mony was by other rebels pretended : a fire is often kindled with a litle straw , which oftentimes takes hold of greater timber , & consumes the whole building : and that this rebellion was begun by the discontented slaues ( whereof there haue beene many in elder times the like ) is manifest by the charter of manumission , which the king granted in haec verba ▪ rich. dei gratia &c. sciatis quòd de gratia nostrâ spirituals manumissimus &c. to which seeing the king was constrained by force of armes , hee revoked the letters pattents . and made them voide , the same revocation being strengthened by the parliament ensuing . in which the king had giuen him a subsedy vpon wools , called a maletot . in the same fourth yeare was the lord treasurer discharged of his office and hales lord of s iohns chosen in his place . in his fift yeare was the treasurer againe changed , and the staffe giuen to segraue , and the lord chancellour was also changed , and the staffe giuen to the lord scroope : which lord scroope was againe in the beginning of his sixt yeare turned out , and the king after that he had for a while kept the seale in his own hand , gaue it to the bishop of london , from vvhom it vvas soone after taken & bestovved on the earle of suffolke , vvho they say , had abused the king , and converted the kings treasure to his ovvne vse . to this the king condiscended , and though ( saith walsingham ) he deserued to loose his life and goods , yet he had the fauor to goe at liberty vpō good sureties : & because the k. vvas but yong , & that the reliefe granted vvas committed to the trust of the earle of arundell for the furnishing of the kings navy against the french. covns . yet you see it vvas a dishonor to the k. to haue his beloued chancellour remoued . ivs. truly no , for the k. had both his fine lāds , & a subsedy to boot . and though for the present it pleased the k. to fancy a man all the vvorld hated ( the k s passiō ouercōming his iudgmēt ) yet it cānot be cal'd a dishonor , for the k. is to belieue the general coūsel of the kingdom , & to prefer it before his affection , especially vvhen suffolk vvas proued to be false euen to the k : for were it otherwise loue and affection might bee called a frenzie and a madnesse , for it is the nature of humane passions , that the loue bredde by fidelity , doth change it selfe into hatred , when the fidelity is first changed into falshood . covns : but you see there were thirteene lords chosen in the parliament , to haue the oversight of the government vnder the king. ivs : no my lord , it was to haue the oversight of those officers , which ( saith the story ) had imbezeled , lewdly wasted , and prodigally spent the kings treasure , for to the cōmission to those lords , or to any six of them , joyn'd with the kings counsell , was one of the most royall and most profitable that euer he did , if hee had bin constant to himself . but my good lord , man is the cause of his own misery , for i wil repeate the substance of the commission granted by the k ▪ & confirmed by parliament , which , whether it had bin profitable for the k. to haue prosecuted , your lordship may judge . the preamble hath these words : whereas our sovereigne lord the king perceiveth by the greivous complaints of the lords & commons of this realme , that the rents , profits , & revenues of this realme , by the singular and insufficient councell and evill gouernment , aswell of some his late great officers , and others , &c. are so much withdrawen , wasted , eloyued , giuen , granted , alienated , destroyed , and evill dispended , that he is so much impoverished and void of treasure and goods , and the substance of the crown so much diminished and destroyed , that his estate may not honorably be sustained as appertayneth . the k. of his free will at the request of the lords and commons , hath ordayned williā archbishop of canterbury and others with his chancellour , treasurer , keeper of his privy seale , to survey and examine as well the estate and governance of his house , &c. as of all the rents , and profits , and revenues that to him appertayneth , and to be due , or ought to appertaine and be due , &c. and all manner of gifts , graunts , alienations and confirmations made by him of lands , tenements , rents , &c. bargained and sold to the preiudice of him and his crowne , &c. and of his iewels & goods which were his grandfathers at the time of his death , &c. and where they be become . this is in effect the substance of the commission , which your lordship may reade at large in the booke of statutes , this commission being enacted in the tenth yere of the kings reigne . now if such a commission were in these daies granted to the faithfull men , that haue no interest in the sales , gifts nor purchases , nor in the keeping of the jewells at the queenes death , nor in the obtaining , graunts of the kings best lands , i cannot say what may be recouered , & justly recovered ; and what say your lordship , was not this a noble acte for the king , if it had beene followed to effect ? covns . i cannot tell whether it were or no , for it gaue power to the commissioners to examine all the graunts . ivst . why my lord , doth the king graunt any thing , that shames at the examination ? are not the kings graunts on record ? covns . but by your leaue , it is some dishonour to a king , to haue his judgement called in question . ivst . that is true my lord , but in this , or vvhensoever the like shall be graunted in the future , the kings judgement is not examined , but their knavery that abused the k. nay by your favour , the contrary is true , that vvhen a king will suffer himselfe to bee eaten vp by a company of petty fellowes , by himselfe raised , there in both the judgement and courage is disputed . and if your lordship vvill disdaine it at your own servants hands , much more ought the great heart of a king , to disdaine it . and surely my lord , it is a greater treason ( though it vndercreepe the law ) to teare from the crowne the ornaments thereof : and it is an infallible maxime , that hee that loues not his majesties estate , loues not his person . covns . how came it then , that the acte was not executed ? ivs. because these , against vvhom it was graunted , perswaded the king to the contrary : as the duke of ireland , suffolke , the chief iustice trisilian , & others , yea , that which vvas lawfully done by the king , and the great councell of the kingdome , was ( by the mastery which ireland , suffolke , and tresilian had ouer the kings affections ) broken and disavowed . those that devised to relieue the king , not by any private invention , but by generall councell , were by a private and partiall assemblie , adjudged traytors , and the most honest iudges of the land , enforced to subscribe to that judgment . in so much , that iudge belknap plainely told the duke of ireland , and the earle of suffolke , when hee was constrained to set to his hand , plainely told these lords , that he wanted but a rope , that he might therewith receiue a reward for his subscription . and in this councell of nottingham vvas hatched the ruine of those which governed the king , of the iudges by them constrained , of the lords that loued the king , and sought a reformation , and of the king himselfe ; for though the king found by all the shreeues of the shires , that the people would not fight against the lords , whom they thought to bee most faithfull vnto the king , when the citizens of london made the same answere , beeing at that time able to arme ● men , & told the major , that they would never fight against the kings friends , and defenders of the realme , when the lord ralph basset , who was neere the k. told the king boldly , that hee would not adventure to haue his head broken for the duke of irelands pleasure , vvhen the lord of london told the earle of suffolke in the kings presence , that he was not worthy to liue , &c. yet vvould the king in the defence of the destroyers of his estate , lay ambushes to entrap the lords , when they came vpon his faith , yea when all was pacified , and that the king by his proclamation had clear'd the lords , and promised to produce ireland , suffolke , & the archbishop of yorke , tresilian & bramber , to answer at the next parliament , these men confest , that they durst not appeare ; and when suffolke fled to callice , and the duke of ireland to chester , the king caused an army to be leavied in lancashire , for the safe conduct of the duke of ireland to his presence , when as the duke being encountered by the lords , ranne like a coward from his company , & fled into holland . after this vvas holden a parliament , which vvas called that vvrought vvonders . in the eleuenth yeare of this king , wherein the forenamed lords , the duke of ireland & the rest , were condemned and confiscate , the chiefe iustice hang'd with many others , the rest of the iudges condemned & banisht , & a th and a th given to the king. covns : but good sir : the king was first besieged in the tower of london , and the lords came to the parliament , & no man durst contradict them . ivst : certainly in raising an army , they committed treason , and though it did appeare , that they all loued the king , ( for they did him no harme , hauing him in their power ) yet our law doth construe all leavying of war without the kings commission , and all force raised to be intended for the death & destruction of the k. not attending the sequell . and it is so judged vpon good reason , for every vnlawfull and ill action is suppos'd to be accompanied with an ill intēt . and besides , those lords vsed too great cruelty , in procuring the sentence of death against diuers of the kings servaunts , who were bound to follow and obey their master and soveraigne lord , in that hee commaunded . covns . it is true , and they were also greatly to blame , to cause then so many seconds to be put to death , seeing the principalls , ireland , suffolke ▪ and yorke had escaped them . and what reason had they to seeke to enforme the state by strong hand , was not the kinges estate as deere to himselfe , as to them ? he that maketh a king know his errour manerly and priuate , and giues him the best aduice , hee is discharged before god , and his owne conscience . the lords might haue retired themselues , when they saw they could not prevaile , and haue left the king to his owne wayes , who had more to loose then they had . ivst . my lord , the taking of armes cannot be excused in respect of the law , but this might be said for the lords that the k. being vnder yeres , & being wholly governed by their enimies , & the enimies of the kingdome , & because by those evill mens perswasiōs , it was aduised , how the lords should haue bin murthered at a feast in london , they were excusable during the kings minority to stand vpō their guards against their particular enemies . but we will passe it ouer and go on with our parliaments that followed , whereof that of cambridge in the k s th yeare was the next , therein the k. had giuen him a th & a th , after which , being . yeares of age rechāged ( saith h. kinghton ) his treasurer , his chancellor , the iustices of either bench , the clerk of the priuy seale & others , & tooke the gouernment into his own hands . hee also tooke the admirals place frō the earle of arundell , & in his roome hee placed the earle of huntingdon in the yeare following , which was the th yeare of the k. in the parliament at westminster , there was giuen to the king vpon every sacke of wooll s and d in the pound vpon other marchandize . covns : but by your leaue , the king was restrained this parliament , that he might not dispose of , but a third part of the money gathered . ivst : no my lord , by your fauour . but true it is that part of this mony was by the kings consent assigned towards the wars , but yet left in the lord treasurers hands , and my lo : it would be a great ease , & a great sauing to his maiestie our lord and master , if it pleased him to make his assignations vpon some part of his revenewes , by which he might haue ● vpon every ● , and saue himselfe a great deale of clamour . for seeing of necessity the nauy must be maintained , & that those poore men aswell carpenters as ship keepers must be paid , it were better for his maiesty to giue an assignation to the treasurer of his nauy for the receiuing of so much as is called ordinary , then to discontent those poore men , who being made desperate beggers , may perchance be corrupted by them that lye in waite to destroy the k s estate . and if his maiesty did the like in all other payments , especially where the necessity of such as are to receiue , cannot possible giues daies , his maiesty might then in a litle rowle behold his receipts and expences , hee might quiet his heart when all necessaries were provided for , and then dispose the rest at his pleasure . and my good lord , how excellently and easily might this haue bin done , if the ● had beene raised as aforesaid vpon the kings lands , and wards , i say that his maiesties house , his navy , his guards , his pensioners , his munition , his ambassadors and all else of ordinary charge might haue beene defrayed , and a great summe left for his maiesties casuall expences and rewards , i will not say they were not in loue with the kings estate , but i say they were vnfortunately borne for the king that crost it . covns . well sir , i would it had beene otherwise , but for the assignments , there are among vs that will not willingly indure it . charity begins with itselfe , shall wee hinder our selues of ● per annum to saue the king ? no sir , what will become of our new-yeares gifts , our presents and gratuities ? we can now say to those that haue warrants for money , that there is not a penny in the exchequer , but the king giues it away vnto the scots faster then it comes in . ivst . my lord you say well , at least you say the trueth , that such are some of our answeres , and hence comes that generall murmure to all men that haue money to receiue , i say that there is not a penny giuen to that nation , be it for seruice or otherwise but it is spread over all the kingdome : yea they gather notes , and take copies of all the priuy seales and warrants that his maiesty hath given for the money for the scots , that they may shew them in parliament . but of his maiesties gifts to the english , there is no bruite though they may be tenne times as much as the scots . and yet my good lord , howsoeuer they be thus answered that to them sue for money out of the exchequer , it is due to them for or ▪ or in the hundred , abated according to their qualities that sue , they are alwaies furnished . for conclusion , if it would please god to put into the kings heart to make their assignations , it would saue him many a pound , and gaine him many a prayer , and a great deale of loue , for it grieueth every honest mans heart to see the abūdance which euen the petty officers in the exchequer , and others gather both from the king and subiect , and to see a world of poore men runne after the king for their ordinary wages . covns . well , well , did you never heare this old tale , that when there was a great contention about the weather , the seamen complaining of contrary windes , when those of the high countreyes desired raine , and those of the valleyes sunshining dayes , iupiter sent them word by mercury , then , when they had all done , the weather should be as it had bin , and it shall euer fall out so with them that complaine , the course of payments shall be as they haue beene , what care we what petty fellowes say ? or what care wee for your papers ? haue not we the kings eares , who dares contest with vs ? though we cannot be revenged on such as you are for telling the trueth , yet vpon some other pretence , wee 'le clap you vp , and you shall sue to vs ere you get out . nay wee 'le make you confesse that you were deceiued in your proiects , and eate your owne words : learne this of me sir , that as a little good fortune is better then a great deale of vertue : so the least authority hath advantage ouer the greatest wit , was he not the wisest man that said , the battaile was not to the strongest , nor yet bread for the wise , nor riches to men of vnderstanding , nor fauour to men of knowledge : but what time & chance came to them all . ivst . it is well for your lordship that it is so . but qu : elizabeth would set the reason of a meane man , before the authority of the greatest councellor she had , and by her patience therein shee raised vpon the vsuall and ordinary customes of london without any new imposition aboue ● a yeare , for though the treasurer burleigh , and the earle of leicester , and secretary walshingham all three pensioners to customer smith did set themselues against a poore waiter of the custome-house called carwarden , and commaunded the groomes of the privy chamber not to giue him accesse , yet the queene sent for him , and gaue him countenance against them all . it would not serue the turne , my lord , with her ; when your lordships would tell her , that the disgracing her great officers by hearing the complaints of busie heads , was a dishonour to herselfe , but shee had alwaies this answere , that if any man complaine vniustly against a magistrate , it were reason he should be severely punished , if iustly , shee was queene of the small , aswell as of the great , and would heare their complaints . for my good lord , a prince that suffereth himselfe to be besieged , forsaketh one of the greatest regalities belonging to a monarchie , to wit , the last appeale , or as the french call it , le dernier resort . covns : well sir , this from the matter , i pray you go on . ivst : then my lord , in the kings th yeare he had a tenth and at fifteene graunted in parliament of london . and that same yeare there was a great councell called at stamford to which diuerse men were sent for , of diuerse counties besides the nolility , of whom the k. tooke advice whether he should continue the war , or make a finall end with the french. covns . what needed the king to take the advice of any but of his owne councell in matter of peace or warre . ivst . yea my lord , for it is said in the prouerbes ▪ where are many counsellers , there is health . and if the king had made the warre by a generall consent , the kingdome in generall were bound to maintaine the warre , and they could not then say when the king required ayde , that he vndertooke a needlesse warre . covns . you say well , but i pray you go on . ivst . after the subsedy in the yeare , the king desired to borrow l of the londoners , which they refused to lend . covns . and was not the king greatly troubled therewith . ivst : yea but the king troubled the londoners soone after , for the king tooke the advantage of a ryot made vpon the bishop of salisbury his men , sent for the maior , and other the ablest cittizens , committed the maior to prison in the castle of windsor , and others to other castles , and made a lord vvarden of this citty , till in the end what with l ready money , and other rich presents , insteed of lending l it cost them l. betweene the fifteenth yeare and twentith yeare , hee had two aydes giuen him in the parliaments of vvinchester and vvestminster : and this later was given to furnish the kings iourney into ireland to establish that estate which was greatly shaken since the death of the kings grandfather , who receiued thence yearely l and during the kings stay in ireland hee had a th and a th graunted . covns . and good reason , for the king had in his army horse and foote . ivst . that by your fauour , was the kings sanity : for great armies do rather devour themselues then destroy enimies . such an army , ( whereof the fourth part would haue conquered all ireland ) was in respect of ireland such an army as xerxes led into greece in this twentith yeare , wherein hee had a tenth of the cleargy , was the great conspiracy of the kings vnkle , the duke of glocester , and of moubrey , arundell , nottingham , and warwick , the archbishop of canterbury and the abbotte of vvestminster , and others who in the ● yeare of the king were all redeemed by parliament . & what thinkes your lordship , was not this assembly of the states for the kings estate , wherein hee so prevailed , that hee not onely overthrew those popular lords , but besides ( the english chronicle sayth , the king so wrought and brought things about , that hee obtained the power of both houses to be graunted to certaine persons ▪ to noblemen and gentlmen , or to seauen of them . covns : sir , whether the king wrought well or ill i cannot judge , but our chronicles say , that many things were done in this parliament , to the displeasure of no small number of people , to wit , for that diverse rightfull heires were disinherited of their lands & liuings , with which wrongfull doings the people were much offended , so that the king with those that were about him , and chiefe in counsell , came into great infamy and slander . ivst . my good lord , if your lordship will pardon mee , i am of opinion that those parliaments wherein the kings of this land haue satisfied the people , as they haue beene euer prosperous , so where the king hath restrained the house , the contrary hath happened , for the k ● atchiuements in this parliament , were the ready preparations to his ruine . cov : you meane by the general discontetmet that followed , and because the king did not proceede legally with glocester and others . why sir , this was not the first time that the kings of england haue done things without the counsell of the land : yea , contrary to the lawe . ivst : it is true my lord in some particulars , as euen at this time the duke of glocester was made away at callice by strong hand , without any lawfull triall : for hee was a man so beloued of the people and so allied , hauing the dukes of lancaster , and yorke his brethren , the duke of aumarle , and the duke of hereford his nephewes , the great earles of arundell and vvarwicke , with diuerse other of his part in the conspiracy , as the king durst not trie him according to the law : for at the tryall of arundell and vvarwicke , the king was forced to entertaine a petty army about him . and though the duke was greatly lamented , yet it cannot be denyed but that he was then a traytor to the king. and was it not so my lord with the duke of guise : your lordship doth remember the spurgald proverbe , that necessitie hath no law : and my good lord , it is the practice of doing wrong , and of generall wrongs done , that brings danger , and not where kings are prest in this or that particular , for there is great difference betweene naturall cruelty and accidentall . and therefore it was machiauels advice , that all that a king did in that kind , he shall do at once , and by his mercies afterwards make the world know that his cruelty was not affected . and my lord take this for a generall rule , that the immortall policy of a state cannot admit any law or priuiledge whatsoeuer , but in some particular or other , the same is necessarily broken , yea in an aristocratia or popular estate , which vaunts so much of equality and common right , more outrage hath beene committed then in any christian monarchy . covns : but whence came this hatred between the duke and the king his nephew . ivst : my lord , the dukes constraining the king , when he was young , stucke in the kings heart , and now the dukes proud speech to the king when hee had rendred brest formerly ingaged to the duke of brittaine , kindled againe these coales that were not altogether extinguished , for he vsed these words : your grace ought to put your body in great paine to winne a strong hold or towne by feares of armes , ere you take vpon you to sell or deliuer any towne gotten by the manhood and strong hand and policy of your noble progenitours . vvhereat , sayth the story , the king chaunged his countenance &c : and to say trueth ▪ it was a proud and maisterly speech of the duke ; besides that inclusiuely hee taxed him of sloath and cowardize , as if he had neuer put himselfe to the adventure of winning such a place , vndutifull wordes of a subiect do often take deeper roote then the memory of ill deedes do : the duke of biron found it when the king had him at advantage . yea the late earle of essex told queene elizabeth that her conditions was as crooked as her carkasse : but it cost him his head , which his insurrection had not cost him , but for that speech , who will say vnto a king ( saith iob ) thou art wicked . certainly it is the same thing to say vnto a lady , thou art crooked ( and perchance more ) as to say vnto a king that he is wicked , and to say that hee is a coward , or to vse any other wordes of disgrace , it is one and the same errour . covn : but what say you for arundell , a braue and valiant man , who had the kings pardon of his contempt during his minority . ivst : my good lord , the parliament which you say disputes the kings prerogatiue , did quite contrary , and destroyed the kings charter and pardon formerly giuen to arundell . and my good lord , do you remember , that at the parliament that wrought wonders , when these lords compounded that parliament , as the king did this , they were so mercilesse towards all , that they thought their enemies , as the earle of arundell most insolently suffered the qu : to kneele vnto him three houres for the sauing of one of her servants , and that scorne of his manebat alto mente repostum . and to say the truth , it is more barbarous & vnpardonable then any act that ever hee did to permit the wife of his soueraigne to kneele to him being the kings vassaile . for if he had saued the lords seruant freely at her first request , as it is like enough that the qu : would also haue saued him , miseris succurrens paria obtinebis aliquando . for your lordship sees that the earle of warwicke who was as farre in the treason as any of the rest , was pardoned . it was also at this parliament that the duke of hereford accused mowbray duke of norfolke , and that the duke of hereford , sonne to the duke of lancaster , was banished to the kings confusion , as your lordship well knowes . covns . i know it well , and god knowes that the k. had then a silly and weake counsell about him , that perswaded him to banish a prince of the blood , a most valiant man , and the best beloued of the people in generall of any man liuing , especially considering that the k. gaue every day more then other offence to his subiects . for besides that he fined the inhabitants that assisted the lords in his minority of the shires ) which offence he had long before pardoned , his blank charters , & letting the realme to farme to meane persons , by whom he was wholly advised , increased the peoples hatred towards the present gouernment . ivst : you say well my l. princes of an ill destiny do alwaies follow the worst counsell , or at least imbrace the best after opportunity is lost , qui confilia non ex suo corde sed alienis viribus colligunt , non animo sed auribus cogitant , and this was not the least griefe of the subiect in generall , that those men had the greatest part of the spoile of the cōmonwealth , which neither by vertue , valour or counsell could adde any thing vnto it : nihil est sordidius , nihil crudelius ( saith anto : pius ) quāsi remp. ij arrode , qui nihil in eam suo labore cōferent . covns : indeede the letting to farme the realme was very grievous to the subiect . ivst . will your lordship pardon me if i tell you that the letting to farme of his maiesties customes ( the greatest revenue of the realme ) is not very pleasing . covns . and why i pray you , doth not the k. thereby raise his profits every third yeare , and one farmer out bids another to the kings advantage . ivst . it is true my lord , but it grieues the subiect to pay custome to the subject , for what mighty men are those farmers become , and if those farmers get many thousands every yeare , as the world knowes they doe , why should they not now ( being men of infinite wealth ) declare vnto the k. vpon oath , what they haue gained , and henceforth become the kings collectors of his custome , did not queene elizabeth , who was reputed both a wise and just princesse , after shee had brought customer smith from l a yeare to l a yeare , made him lay downe a recompence for that which hee had gotten ? and if these farmers doe giue no recompence , let them yet present the king with the trueth of their receivings and profits . but my lord for conclusion , after bollingbrooke arriuing in england with a small troope : notwithstanding the king at his landing out of ireland , had a sufficient and willing army : yet hee wanting courage to defend his right , gaue leaue to all his souldiers to depart , & put himselfe into his hands that cast him into his graue . covns . yet you see , hee was depos'd by parliament . ivst . aswell may your lordship say hee was knock't in the head by parliament , for your lordship knowes , that if king richard had ever escaped out of their fingers , that deposed him , the next parliament would haue made all the deposers traytors and rebels , and that iustly . in which parliamēt , or rather vnlawful assembly , there appeared but one honest man , to wit , the b. of carliel , who scorned his life & estate , in respect of right & his allegiāce , & defēded the right of his soveraigne lo : against the k. elect & his partakers . covns . well i pray goe on with the parliaments held in the time of his successor henry the fourth . ivst . this king had in his third yeare a subsedy , & in his fift a tenth of the cleargie without a parliament ; in his sixt yeare he had so great a subsedie , as the house required there might bee no record thereof left to posterity , for the house gaue him of euery knights fee , and of every ● land , ● and ● the pound of goods . covns . yea in the end of this yere , the parliamēt prest the king to annex vnto the crowne all temporall possessions belonging to church-men within the land , which at that time , was the third foote of all england . but the bishops made friends , and in the end saued their estates . ivst . by this you see , my lord , that cromwell was not the first that thought on such a businesse . and if king henry the ● had reserued the abbeyes , and other church lands , which he had given at that time , the revenue of the crowne of england , had exceeded the reuenue of the crowne of spaine , with both the indies , whereas vsed as it was , ( a little enriched the crown ) served but to make a number of petty-foggers , and other gentlemen . covns . but what had the king in steed of this great revenue . ivst . hee had a th of the commons , and a tenth , and a halfe of the clergy , and withall , all pensions graunted by king edward , and king richard were made voide . it was also moved , that all crowne lands formerly giuen ( at least given by k. ed : and k. rich : ) should bee taken backe . covns . what thinke you of that , sir ? would it not haue beene a dishonour to the king ? and would not his successors haue done the like to those that the king had advanced ? ivst . i cannot answere your lordship , but by distinguishing ▪ for where the kings had given land for services , and had not beene over-reached in his gifts , there it had bin a dishonour to the king , to haue made voide the graunts of his predecessors , or his graunts , but all those graunts of the kinges , wherein they were deceived , the very custome and policy of england makes them voyde at this day . covns . how meane you that , for his majestie hath given a great deale of land among vs since he came into england , and would it stand with the kinges honour to take it from vs againe ? ivst . yea my lord , very well with the kinges honour , if your lordship , or any lord else , haue vnder the name of land a yeare , gotten ● land , and so after that rate . covns . i will never belieue that his majestie will ever doe any such thing . ivst . and i beleeue as your lordship doth , but we spake e're-while of those that disswaded the king frō calling it a parliament : and your lordship asked mee the reason , why any man should disswade it , or feare it , to which , this place giues me an opportunity to make your lordship an answer , for though his majestle will of himself never question those graunts , yet when the commons shall make humble petition to the king in parliament , that it will please his majestie to assist them in his reliefe , with that which ought to be his owne , which , if it will please his majestie to yeeld vnto , the house will most willingly furnish and supply the rest , with what grace can his majestie deny that honest suite of theirs , the like hauing beene done in many kinges times before ? this proceeding , my good lord , may perchance proue all your phrases of the kings honour , false english. covns . but this cannot concerne many , & for my self , i am sure it concernes me little . ivst . it is true my lord , and there are not many that disswade his majestie from a parliament . covns . but they are great ones , a fewe of which will serue the turne well enough . ivst . but my lord , bee they neuer so great ( as great as gyants ) yet if they disswade the king from his ready and assured way of his subsistence , they must devise how the k. may be else-where supplied , for they otherwise runne into a dangerous fortune . covns . hold you contented sir , the king needes no great disswasion . ivst . my lord , learne of me , that there is none of you all , that can pierce the king. it is an essentiall property of a man truely wise , not to open all the boxes of his bosome , even to those that are neerest and deerest vnto him , for when a man is discovered to the very bottome , he is after the lesse esteemed . i dare vndertake , that when your lordship hath served the king twice twelue yeares more , you will finde , that his majestie hath reserved somewhat beyond all your capacities , his majestie hath great reason to put off the parliament , as his last refuge , and in the meane time , to make triall of all your loues to serue him , for his majestie hath had good experience , how well you can serue your selues : but when the king finds , that the building of your owne fortunes and factions , hath beene the diligent studies , and the service of his majestie , but the exercises of your leisures : hee may then perchance cast himself vpon the general loue of his people , of which ( i trust ) hee shall never bee deceiued , and leaue as many of your lordships as haue pilfered from the crowne , to their examination . covns . well sir , i take no great pleasure in this dispute , goe on i pray . ivst . in that kinges th yeare , hee had also a subsedy , which he got by holding the house together from easter to christmas , and would not suffer them to depart . he had also a subsedie in his ninth yeare . in his eleventh yeare the commons did againe presse the king to take all the temporalities of the church-men into his hands , which they proved sufficient to maintaine earles , knights , and esquiers , with a hundred hospitals , but they not prevayling , gaue the king a subsedy . as for the notorious prince , henry the fift , i finde , that he had given him in his second yeare markes , and after that two other subsedies , one in his fifth yeare , another in his ninth , without any disputes . in the time of his successour henry the sixt , there where not many subsedies . in his third yeare , he had a subsedy of a tunnage and poundage . and here ( saith iohn stom ) began those payments , which wee call customes , because the payment was continued , whereas before that time it was granted but for a yeare , two , or three , according to the kings occasions . hee had also an ayde and gathering of money in his fourth yeare , and the like in his tenth yeare , and in his thirteenth yere a th . he had also a fifteenth for the conveying of the queene out of france into england . in the twenty eight yeare of that king was the acte of resumption of all honours , townes , castles , signieuries , villages , manors , lands , tenements , rents , reversions , fees , &c. but because the wages of the kings seruants , were by the strictnes of the acte also restrained , this acte of resumption was expounded in the parliament at reading the th yeare of the kings reigne . covns . i perceiue that those acts of resumption were ordinary in former times ; for king stephen resumed the lands , which in former times hee had giuen to make friends during the ciuill warres . and henry the second resumed all ( without exception ) which king stephen had not resumed ; for although king stephen tooke backe a great deale , yet hee suffered his trustiest seruants to enjoye his gift . ivst . yes my lord , & in after times also ; for this was not the last , nor shall be the last , i hope . and judge you my lord , whether the parliaments doe not only serue the king , whatsoeuer is said to the contrary ; for as all king henry the , gifts & graunts were made voide by the duke of yorke , when he was in possession of the kingdome by parliament . so in the time of k. h. when k. edw : was beaten out again , the parliament of westminster made all his acts voyde , made him & all his followers traytors , & gaue the king many of their heads & lands . the parliaments of england do alwaies serue the king in possession . it seru'd rich. the second to condemne the popular lords . it seru'd bollingbrooke to depose rich. when edw. the . had the scepter , it made them all beggars that had followed h. the . and it did the like for h. when edw. was driuen out . the parliaments are as the friendship of this world is , which alwayes followeth prosperity . for k. edw. the : after that hee was possessed of the crown , he had in his yeare a subsedy freely giuen him : & in the yeare following hee tooke a benevolence through england , which arbitrary taking frō the people , seru'd that ambitious traytor the duke of bucks . after the kings death was a plausible argument to perswade the multitude , that they should not permit ( saith sir thomas moore ) his line to raigne any longer vpon them . covns well sir , what say you to the parliament of richard the third his time ? ivst . i finde but one , and therein he made diuerse good lawes . for k. henry the seuenth in the beginning of his third yeare hee had by parliament an ayde granted vnto him , towards the reliefe of the duke of brittaine , then assailed by the french king. and although the king did not enter into the warre , but by the advice of the three estates , who did willingly contribute : yet those northerne men which loued richard the third , raised rebellion vnder colour of the mony impos'd , & murthered the earle of northumberland whom the king employed in that collection . by which your lordship sees , that it hath not beene for taxes and impositions alone , that the ill disposed haue taken armes ▪ but euen for those payments which haue beene appoynted by parliament . covns . and what became of those rebels ? ivst . they were fairely hang'd , and the mony levied notwithstanding , in the kings first yeare he gathered a marvailous great masse of mony , by a benevolence , taking patterne by this kind of levie from edw. th . but the king caused it first to be moued in parliament where it was allowed , because the poorer sort were therein spared . yet it is true that the king vsed some arte , for in his letters hee declared that hee would measure euery mans affections by his gifts . in the thirteenth yeare hee had also a subsedy , whereupon the cornish men tooke armes , as the northerne men of the bishoppricke had done in the third yeare of the king. covns . it is without example , that euer the people haue rebelled for any thing granted by parliament , saue in this kings dayes . ivst . your lordship must consider , that he was not ouer much belou'd , for hee tooke many advantages vpon the people and the nobility both . covns . and i pray you what say they now of the new impositions lately laide by the kings maiesty ? doe they say that they are justly or injustly laide ? ivst . to impose vpon all things brought into the kingdome is very auncient : which imposing when it hath beene continued a certaine time , is then called customes , because the subjects are accustomed to pay it , & yet the great taxe vpon wine is still called impost , because it was imposed after the ordinary rate of payment , had lasted many yeares . but we doe now a dayes vnderstand those things to bee impositions , which are raised by the commaund of princes , without the aduice of the common-wealth , though ( as i take it ) much of that which is now called custome , was at the first imposed by prerogatiue royall : now whether it be time or consent that makes them just , i cannot define , were they just because new , and not justified yet by time , or vnjust because they want a generall consent : yet is this rule of aristotle verified in respect of his majestie : minus timent homines iniustum pati à principe quem cultorem dei putant . yea my lord , they are also the more willingly borne , because all the world knowes they are no new invention of the kings . and if those that advised his maiestie to impose them , had raised his lands ( as it was offered them ) to l more then it was , and his wards to asmuch as aforesaid , they had done him farre more acceptable seruice . but they had their own ends in refusing the one , and accepting the other . if the land had beene raised , they could not haue selected the best of it for themselues : if the impositions had not been laide , some of them could not haue their silkes , others peeces in farme , which indeed grieued the subiect tenne times more then that which his maiestie enjoyeth . but certainly they made a great advantage that were the advisers , for if any tumult had followed his maiesty , ready way had beene to haue deliuered them ouer to the people . covns . but thinke you that the king would haue deliuered them if any troubles had followed ? ivst . i know not my lord , it was machiavels counsell to caesar borgia to doe it , and k. h. the deliuered vp empson and dudley , yea the same king , when the great cardinall woolsey , who gouerned the king and all his estate , had ( by requiring the sixt part of euery mans goods for the king ) raised a rebellion , the king i say disavowed him absolutely , that had not the dukes of norfolke and suffolke appeased the people , the cardinall had sung no more masse : for these are the words of our story : the king then came to westminster to the cardinals palace , and assembled there a great councell , in which he protested , that his minde was neuer to aske any thing of his commons which might sound to the breach of his lawes . wherefore hee then willed them to know by whose meanes they were so strictly giuen foorth . now my lord , how the cardinall would haue shifted himselfe , by saying , i had the opinion of the iudges , had not the rebellion beene appeal'd , i greatly doubt . covns . but good sir , you blanch my question , and answere mee by examples . i aske you whether or no in any such tumult , the people pretending against any one or two great officers , the king should deliuer them , or defend them ? ivst . my good lord , the people haue not stayde for the kings deliuery , neither in england , nor in france : your lordship knowes how the chauncellour , treasurer , and chiefe iustice , with many others at seuerall times haue bin vsed by the rebels : and the marshals , constables , and treasurers in france , haue beene cut in pieces in charles the sixt his time . now to your lordships question , i say that where any man shall giue a king perilous advice , as may either cause a rebellion , or draw the peoples loue from the king. i say , that a king shal be advised to banish him : but if the king doe absolutely commaund his seruant to doe any thing displeasing to the common-wealth , and to his own peril , there is the king bound in honour to defend him . but my good lord for conclusion , there is no man in england that will lay any invention either grieuous or against law vpon the kings maiesty : and therefore your lordships must share it amongst you . covns . for my part , i had no hand in it , ( i thinke ) ingram was he that propounded it to the treasurer . ivst . alas my good lord , euery poore wayter in the custome-house , or euery promoter might haue done it , there is no invention in these things . to lay impositions , and sell the kings lands , are poore and common devices . it is true that ingram and his fellowes are odious men , and therefore his maiestie pleas'd the people greatly to put him from the coffership . it is better for a prince to vse such a kinde of men , then to countenance them , hang-men are necessary in a commonwealth : yet in the nether-lands , none but a hangmans sonne will marry a hang-mans daughter . now my lord , the last gathering which henry the seuenth made , was in his twentieth yeare , wherein hee had another benevolence both of the cleargy and laity , a part of which taken of the poorer sort , hee ordained by his testament that it should bee restored . and for king henry the eight , although hee was left in a most plentifull estate , yet he wonderfully prest his people with great payments ; for in the beginning of his time it was infinite that hee spent in masking and tilting , banquetting , and other vanities , before hee was entered into the most consuming expence of the most fond and fruitlesse warre that euer king vndertooke . in his fourth yeare hee had one of the greatest subsedies that euer was granted ; for besides two fifteenes and two dismes , hee vsed dauids lawe of capitation or head-money , and had of euery duke ten markes , of euery earle fiue pounds , of euery lord foure pounds , of euery knight foure markes , & euery man rated at ● in goods , markes , and so after the rate : yea euery man that was valued but at paide ● , and euery man and woman aboue yeares ● . hee had also in his sixt yeare diuers subsedies granted him . in his fourteenth there was a tenth demaunded of euery mans goods , but it was moderated . in the parliament following , the clergie gaue the king the halfe of their spirituall liuings for one yeare , & of the laity there was demanded ' , which could not be levied in england , but it was a marveilous great gift that the king had giuen him at that time . in the kings seuenteenth yeare was the rebellion before spoken of , wherein king disavowed the cardinall . in his seuenteenth yeare hee had the tenth and fifteenth giuen by parliament , which were before that time paide to the pope . and before that also , the monyes that the king borrowed in his fifteenth yeare were forgiuen him by parliament in his seuenteenth yeare . in his yeare a subsedy was granted of ● the pound of euery man worth in goods from ● to ● , from ● to l and vpwards of euery pound . and all strangers , denisens and others doubled this summe , strangers not being inhabitants aboue yeares , ● a head . all that had lands , fees , and annuities , from to ● , and so double as they did for goods : and the cleargy gaue the pound . in the thirty seuenth yeare , a benevolence was taken , not voluntary , but rated by commissioners , which because one of the aldermen refused to pay , he was sent for a soldier into scotland . he had also another great subsedy of sixe shillings the pound of the clergy , and two shillings eight pence of the goods of the laity , and foure shillings the pound vpon lands . in the second yeare of edward the sixt , the parliament gaue the king an ayde of twelue pence the pound of goods of his natural subiects , and two shillings the pound of strangers , and this to continue for three yeares , and by the statute of the second and third of edward the sixt , it may appeare , the same parliament did also giue a second ayde , as followeth , ( to wit ) of euery ewe kept in seuerall pastures , : of euery weather kept as aforesaid ● : of euery sheepe kept in the common , ● ob . the house gaue the king also the pound of euery woollen cloath made for the sale throughout england for three yeares . in the third and fourth of the king , by reason of the troublesome gathering of the polymony vpon sheepe , & the taxe vpon cloath , this acte of subsedy was repeal'd , and other reliefe giuen the king , and in the kings seauenth yeare hee had a subsedy and two fifteenes . in the first yeare of queene mary , tunnage and poundage were granted . in the second yeare a subsedy was giuen to king philip , and to the queene , shee had also a third subsedy in annis . & . now my lord , for the parliaments of the late queenes time , in which there was nothing new , neither head money , nor sheepe money , nor escuage , nor any of these kindes of payments was required , but onely the ordinary subsedies , & those as easily graunted as demaunded , i shall not neede to trouble your lordship with any of them , neither can i informe your lordship of all the passages and actes which haue passed , for they are not extant , nor printed . covns . no , it were but time lost to speake of the latter , and by those that are alreadie remembred , we may iudge of the rest , for those of the greatest importance are publique . but i pray you deale freely with mee , what you thinke would bee done for his maiestie , if hee should call a parliament at this time , or what would bee required at his maiesties hands ? ivst . the first thing that would be required , would be the same that vvas required by the commons in the thirtenth yeare of h. the : ( to wit ) that if any man of the commons house should speake more largely , then of duety hee ought to doe , all such offences to be pardoned , and that to be of record . covns . so might euery companion speake of the king what they list . ivst . no my lord , the reuerence vvhich a vassall ovyeth to his soueraigne , is alvvaies intended for euery speech , howsoeuer it must import the good of the king , and his estate , and so long it may bee easily pardoned , othervvise not ; for in queene elizabeths time , vvho gaue freedome of speech in all parliaments , vvhen wentworth made those motions , that were but supposed dangerous to the queenes estate , he was imprisoned in the towre , notwithstanding the priviledge of the house , and there died . covns . what say you to the scicilian vespers remembred in the last parliament ? ivst . i say , hee repented him heartily that vsed that speech , and indeede besides that , it was seditious , this example held not : the french in scicily vsurped that kingdome , they kept neither law nor faith , they tooke away the inheritance of the inhabitants , they tooke from them their wiues , and rauished their daughters , committing all other insolencies that could bee imagined . the kings maiesty is the naturall lord of england , his vassals of scotland obey the english lawes , if they breake them , they are punished without respect . yea his maiesty put one of his barons to a shamefull death , for being consenting onely to the death of a common fencer : and which of these euer did or durst commit any outrage in england , but to say the trueth , the opinion of packing the last , was the cause of the contention and disorder that happened . covns . why sir ? doe you not think it best to compound a parliament of the kings seruaunts and others , that shall in all obey the kings desires ? ivst . certainely no , for it hath neuer succeeded well , neither on the kings part , nor on the subiects , as by the parliament before-remembred your lordshippe may gather , for from such a composition doe arise all jealousies , and all contentions . it was practized in elder times , to the great trouble of the kingdome , and to the losse and ruine of many . it was of latter time vsed by king henry the eight , but euery way to his disadvantage . when the king leaues himselfe to his people , they assure themselues that they are trusted and beloued of their king , and there was neuer any assembly so barbarous , as not to aunswere the loue and trust of their king. henry the sixt when his estate was in effect vtterly ouerthrowne , & vtterly impouerished at the humble request of his treasurer made the same knowne to the house , or otherwise , vsing the treasurers owne words , hee humbly desired the king to take his staffe , that hee might saue his wardship . covns . but you know , they will presently bee in hand with those impositions , which the king hath laid by his owne royall prerogatiue . ivst . perchance not my lord ; but rather with those impositions that haue beene by some of your lordships laide vpon the king , which did not some of your lordships feare more than you doe the impositions laid vpon the subjects , you would neuer disswade his majestie from a parliament : for no man doubted , but that his majestie was advised to lay those impositions by his councell ; and for particular things on which they were laid , the aduice came from petty fellowes ( though now great ones ) belonging to the custome-house . now my lord , what prejudice hath his majestie ( his revenue beeing kept vp ) if the impositions that were laid by the aduice of a few , be in parliament laid by the generall councell of the kingdome , which takes off all grudging and complaint . covns . yea sir , but that which is done by the king , with the aduice of his priuate or priuy councell , is done by the kings absolute power . ivs. and by whose power is it done in parliament , but by the kinges absolute power ? mistake it not my lord : the estates doe but advise , as the priuy councel doth , which advice if the king embrace , it becomes the kings own acte in the one , & the kings law in the other , for without the kings acceptation , both the publicke & priuate aduices bee but as empty egge-shels ; and what doth his majestie loose if some of those things , which concerns the poorer sort be made free again , & the reuenue kept vp vpō that which is superfluous ? is it a losse to the k. to be beloued of the commons ? if it be revenue which the k. seekes , is it not better to take it of those that laugh , than of those that crie ? yea if all bee content to pay vpon a moderation and chaunge of the species : is it more honourable and more safe for the king , that the subject pay by perswasion , then to haue them constrayned ? if they be contented to whip themselues for the king , were it not better to giue them their rod into their owne hands , than to commit them to the executioner ? certainly it is farre more happy for a soveraigne prince , that a subject open his purse willingly , than that the same bee opened by violence . besides that when impositions are laid by parliament , they are gathered by the authority of the lawe , which ( as aforesaid ) rejecteth all complaints , and stoppeth every mutinous mouth : it shall ever be my praier , that the king embrace the councell of honour and safety , & let other princes embrace that of force . covns . but good sir , it is his prerogatiue which the k. stands vpon , and it is the prerogatiue of the kings , that the parliaments doe all diminish . ivst . if your lordship would pardon mee , i would say then , that your lordships objection against parliaments is ridiculous . in former parliaments three thinges haue beene supposed dishonour of the king. the first , that the subjects haue conditioned with the king , when the king hath needed them , to haue the great charter confirmed : the second , that the estates haue made treasurers for the necessary and profitable disbursing of those summes by them given , to the end , that the kinges , to whom they were giuen , should expend them for their owne defence , & for the defence of the common-wealth : the third , that these haue prest the king to discharge some great officers of the crowne , and to elect others . as touching the first my lord , i would faine learne what disadvantage the kings of this land haue had by confirming the great charter , the breach of which haue served onely men of your lordships ranke , to assist their owne passions , and to punish and imprison at their owne discretion the kings poore subjects . concerning their private hatred , with the colour of the kings service , for the kings majestie takes no mans inheritance ( as i haue said before ) nor any mans life , but by the law of the land , according to the charter . neither doth his majestie imprison any man , ( matter of practice , which concernes the preservation of his estate excepted ) but by the law of the land . and yet hee vseth his prerogatiue as all the kings of england haue ever vsed it : for the supreame reason cause to practise many thinges without the aduice of the law . as in insurrections and rebellions , it vseth the marshall , and not the common law , without any breach of the charter , the intent of the charter cōsidered truely . neither hath any subject made complaint , or beene grieued , in that the kings of this land , for their own safties , and preservation of their estates , haue vsed their prerogatiues , the great ensigne , on which there is written soli deo. and my good lord , was not buckingham in england , and byron in france condemned , their peeres vncall'd ? and withall , was not byron vtterly ( contrary to the customes & priviledges of the french ) denyed an advocate to assist his defence ? for where lawes forecast cannot prouide remedies for future daungers , princes are forced to assist themselues by their prerogatiues . but that which hath beene ever grievous , and the cause of many troubles , very dangerous is , that your lordships abusing the reasons of state , doe punish and imprison the kings subiects at your pleasure . it is you my lords , that when subjects haue sometimes neede of the kings prerogatiue , doe then vse the strength of the law , and when they require the lawe , you afflict them with the prerogatiue , and tread the great charter ( which hath beene confirmed by . actes of parliament ) vnder your feete , as a torne parchment or wast paper . covns . good sir , which of vs doe in this sort breake the great charter ? perchance you meane , that we haue aduised the king to lay the new impositions . ivst . no my lord : there is nothing in the great charter against impositions : and besides that , necessity doth perswade them . and if necessity doe in somewhat excuse a private man a fortiori , it may then excuse a prince . againe , the kinges majestie hath profit and increase of revenue by the impositions . but there are of your lordships ( contrary to the direct letter of the charter ) that imprison the kinges subjects , and deny them the benefit of the law , to the kings disprofit . and what do you otherwise thereby ( if the impositions be in any sort grievous ) but renovare dolores ? and withall digge out of the dust the long-buried memory of the subjects former intentions with their kings . covns . what meane you by that ? ivst . i will tell your lordshippe when i dare , in the meane time it is enough for mee , to put your lordship in minde , that all the estates in the world , in the offence of the people , haue either had profit or necessity to perswade them to adventure it , of which , if neither bee vrgent , and yet the subject exceedingly grieved , your lordship may conjecture , that the house will bee humble suitors for a redresse . and if it bee a maxime in policie to please the people in all thinges indifferent , and neuer suffer them to bee beaten , but for the kinges benefit , ( for there are no blowes forgotten with the smart but those ) then i say to make them vassals to vassals , is but to batter downe those mastering buildings , erected by king henry the seaventh , and fortified by his sonne , by which the people and gentlemen of england were brought to depend vpon the king alone . yea my good lord , our late deare soveraigne kept them vp , and to their advantage , as well repaired as ever prince did , defend mee , and spend me , saith the irish churle . covns . then you thinke that this violent breach of the charter will be the cause of seeking the confirmation of it in the next parliament , which otherwise could neuer haue bin moued . ivst . i knowe not my good lord , perchance not , for if the house presse the king to graunt vnto them all that is theirs by the lawe , they cannot ( in justice ) refuse the king all that is his by the lawe . and where will bee the issue of such a contention ? i dare not divine , but sure i am that it will tend to the preiudice both of the k : and subiect . covn : if they dispute not their owne liberties ; why should they then dispute the kings liberties , which wee call his prerogatiue . ivst : among so many & so diverse spirits , no man can foretell what may be propounded , but howsoeuer if , the matter be not slightly handled on the kings behalfe , these disputes will soone dissolue , for the king hath so little neede of his prerogatiue , and so great advantage by the lawes , as the feare of imparing the one , to wit , the prerogatiue , is so impossible , and the burthen of the other ( to wit ) the lawe so waighty , as but by a branch of the kings prerogatiue , namely of his remission and pardon , the subiect is no way able to vndergoe it . this my lord is no matter of flourish that i haue said , but it is the truth , and vnanswerable . covns . but to execute the lawes very severely , would be very grievous . ivst . why my lord , are the lawes grievous which our selues haue required of our kings ? and are the prerogatiues also which our kings haue reserued to themselues also grieuous ? how cā such a people then be well pleased ? and if your lordship confesse that the lawes giue too much , why does your lordship vrge the prerogatiue that giues more ? nay i will be bold to say it , that except the lawes were better obserued , the prerogatiue of a religious prince hath manifold lesse perils then the letter of the lawe hath . now my lord , for the second & third , to wit , for the appointing of treasurers , and remouing of counsellers , our kings haue evermore laught them to scorne that haue prest either of these , & after the parliament dissolued , tooke the money of the treasurers of the parliament , and recalled & restored the officers discharged , or else they haue bin contented , that so me such persons should be remoued at the request of the whole kingdome , which they themselues out of their noble natures , would not seeme willing to remoue . covns . well sir , would you notwithstanding all these arguments advise his maiesty to call a parlament ? ivst : it belongs to your lordships who enioy the kings favour , & are chosen for your able wisdome to advise the k. it were a strange boldnesse in a poore and priuate person , to advise kings , attended with so vnderstanding a councell . but belike your lordships haue conceiued some other way , how money may be gotten otherwise . if any trouble should happen , your lordship knowes , that then there were nothing so daungerous for a king , as to be without money : a parliament cannot assemble in haste , but present dangers require hasty remedies . it wil be no time then to discontent the subjects by vsing any vnordinary wayes . covns . well sir , all this notwithstanding wee dare not advise the king to call a parliament , for if it should succeede ill , wee that advise , should fall into the kings disgrace . and if the king be driuen into any extremity , wee can say to the k. that because we found it extreamely vnpleasing to his maiestie to heare of a parliament , we thought it no good manners to make such a motion . ivst . my lord , to the first let me tell you , that there was never any iust prince that hath taken any advantage of the successe of councels , which haue beene founded on reason . to feare that , were to feare the losse of the bell , more then the losse of the steeple , and were also the way to beate all men from the studies of the kings seruice . but for the second , where you say you can excuse your selues vpon the kinges owne protesting against a parliament , the king vpon better consideration may encounter that finenesse of yours . covns : how i pray you ? ivst : even by declaring himselfe to be indifferent , by calling your lordships together , and by delivering vnto you , that he heares how his loving subiects in generall are willing to supply him , if it please him to call a parliament , for that was the common answere to all the sheriffes in england , when the late benevolence was commaunded . in which respect , and because you come short in all your proiects , and because it is a thing most daungerous for a king to be without treasure , he requires such of you , as either mislike , or rather feare a parliament , to set downe your reasons in writing , which you either misliked , or feared it . and such as wish and desire it , to set downe answeres to your obiections : and so shall the king prevent the calling or not calling on his maiesty , as some of your great councellers haue done in many other things shrinking vp their shoulders , and saying , the k. will haue it so . covns . wel sir , it growes late , and i will bid you farewell , only you shall take well with you this advice of mine , thst in all that you haue said against our greatest , those men in the end shal be your iudges in their owne cause , you that trouble your selfe with reformation , are like to be well rewarded : for hereof you may assure your selfe , that wee will never allow of any invention how profitable soeuer , vnlesse it proceede , or seeme to proceede from our ▪ selues . ivst : if then my lord , wee may presume to say that princes may be vnhappy in any thing , certainly they are vnhappy in nothing more then in suffering themselues to be so inclosed . againe , if we may beleeu pliny , who tels vs , that t' is an ill signe of prosperity in any kingdome or state , where such as deserue well , find no other recompence then the contentment of their owne consciences , a farre worse signe is it , where the justly accused shall take revenge of the just accuser . but my good lord , there is this hope remaining , that seeing he hath beene abused by them he trusted most , hee will not for the future dishonour of his iudgment ( so well informed by his owne experience ) as to expose such of his vassals ( as haue had no other motiues to serue him , then simply the loue of his person and his estate ) to their revenge , who haue only beene moued by the loue of their owne fortunes , and their glory . covns : but good sir , the king hath not beene deceiued by all . ivst . no my lord , neither haue all beene trusted , neither doth the world accuse all , but beleeue , that there be among your lordships very just and worthy men , aswell of the nobility as others , but those though most honoured in the common-wealth , yet haue they not beene most imployed : your lordship knowes it well enough , that or of your lordships haue thought your hands strong enough to beare vp alone the weightiest affaires in the common-wealth , and strong enough , all the land haue found them to beate downe whom they pleased . covns : i vnderstand you , but how shall it appeare that they haue onely sought themselues . ivst : there needes no perspectiue glasse to discerne it , for neither in the treaties of peace and warre , in matters of revenue , and matters of trade , any thing hath happened either of loue or of judgment . no my lord , there is not any one action of theirs eminent , great or small , the greatnesse of themselues only excepted . covns : it is all one , your papers can neither answere nor reply , we can . besides you tell the king no newes in delivering these complaints , for hee knowes as much as can be told him . ivst : for the first my lord , whereas he hath once the reasons of things deliuered him , your lordships shall neede to be well advised , in their answeres there is no sophistrie wil serue the turne , where the iudge , & the vnderstāding are both supreame . for the d , to say that his maiesty knowes , & cares not , that my lord were but to despaire all his faithfull subiects . but by your fauour my lord , wee see it is contrary , wee find now that there is no such singular power as there hath beene , justice is described with a ballance in her hand , holding it even and it hangs as even now as ever it did in any kings dayes , for singular authority begets but generall oppression . covns . howsoeuer it be , that 's nothing to you , that haue no interest in the kings fauour , nor perchance in his opinion , & concerning such a one , the misliking , or but misconceiuing of any one hard word , phrase , or sentence , will giue argumēt to the k. either to cōdemn or reiect the whole discourse . and howsoever his m● may neglect your informations , you may be sure that others ( at whom you point ) wil not neglect their revenges , you will therefore confesse it ( when it is too late ) that you are exceeding sory that you haue not followed my aduice . remēber cardinall woolsey , who lost all men for the kings service , and when their malice ( whom hee grieved ) had out-liued the kings affection , you know what became of him as well as i. ivst . yea my lord , i know it well , that malice hath a longer life , than either loue or thankfulnesse hath , for as we alwaies take more care to put off paine , than to enjoy pleasure , because the one hath no intermission , & with the other we are often satisfied , so it is in the smart of injury and the memory of good turnes : wrongs are written in marble : benefits are ( sometimes ) acknowledged , rarely requited . but my lord , wee shall doe the k. great wrong , to judge him by common rules , or ordinary examples , for seeing his majesty hath greatly enriched and advanced those that haue but pretended his service , no man needes to doubt of his goodnesse towards those that shal performe any thing worthy reward . nay , the not taking knowledge of those of his owne vassals that haue done him wrong , is more to be lamented , than the relinquishing of those that doe him right , is to be suspected . i am therefore , my good lo : held to my resolutiō by these a , besides the former . the , that god would neuer haue blest him with so many yeres , & in so many actiōs , yea in all his actions , had he paid his honest servants with evill for good . the d , where your lordship tells me , that i will be 〈◊〉 for not following your aduice . i pray your lordship to belieue , that i am no way subiect to the common sorrowing 〈◊〉 worldly men , this maxime of plato beeing true . dolores aex amore animi orga corpus noscuntur . but for my body , my mind values it at nothing . covns . what is it then you hope for or seeke ? ivst . neither riches , nor honour , nor thankes , but i only seeke to satisfie his majestie ( which i would haue bin glad to haue done in matters of more importance ) that i haue liu'd , and will die an honest man. einis . the authours epitaph , made by himselfe . even such is time , which takes in trust our youth , and ioy 's , and all wee haue , and payes vs but with age and dust , which in the darke and silent graue , when wee haue wandred all our wayes , shuts vp the story of our daies : and from which earth , and graue , and dust the lord shall raise mee vp i trust . notes, typically marginal, from the original text notes for div a -e humanum est erra●e● hen. . hen. . edw. . m. r. eliz. r. q. e. a true copy of his maiesties message sent to the houses of parliament by the earl of dunfermeline. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a true copy of his maiesties message sent to the houses of parliament by the earl of dunfermeline. england and wales. sovereign ( - : charles i) charles i, king of england, - . dunfermline, charles seton, earl of, d. . sheet ([ ] p.) s.n., [london : ] imprint from wing. annotation on thomason copy: after 'houses of parliament': "unto them upon saturday june th: "; "london. printed june the th ". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a true copy of his maiesties message sent to the houses of parliament: by the earl of dunfermeline. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true copy of his majesties message sent to the houses of parliament by the earl of dunfermeline . saterday june th i am commanded by his majestie to make known to the houses of parliament . . that his majestie went from holdenby unwillingly . . that hedesires they will neglect no means for preservation of the honour of the parliament , and the established laws of the land . that they will beleeve nothing that is said or done in his name against the parliament , untill they send unto himself , and know the truth of it . london printed june the th to the kings most excellent maiestie. the humble remonstrance and petition of the lords and commons in parliament. most gracious soveraigne, your majesties most humble and loyall subjects the lords and commons in parliament, doe with all faithfulnes and zeale to yonr [sic] majesties service, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the kings most excellent maiestie. the humble remonstrance and petition of the lords and commons in parliament. most gracious soveraigne, your majesties most humble and loyall subjects the lords and commons in parliament, doe with all faithfulnes and zeale to yonr [sic] majesties service, ... england and wales. parliament. sheet ([ ] p.) s.n.], [london : imprinted in the yeare, mdcxli. [ ] title from caption and opening words of text. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- charles i, - -- early works to . a r (thomason .f. [ ]). civilwar no to the kings most excellent maiestie. the humble remonstrance and petition of the lords and commons in parliament. most gracious soveraigne, england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent maiestie . the humble remonstrance and petition of the lords and commons in parliament . most gracious soveraigne , your majesties most humble and loyall subjects the lords and commons in parliament , doe with all faithfulnes and zeale to yonr majesties service , acknowledge your royall favour and protection to be a great blessing and securitie to them for the enjoying and preserving of all those publique and private liberties and priviledges which belong unto them ; and whensoever any of those liberties or priviledges shall bee invaded or broken , they hold themselves bound with humilitie and confidence to resort to your princely iustice for redresse and satisfaction . and because the rights and priviledges of parliament are the birth-right and inheritance not onely of themselves , but of the whole kingdome , wherein every one of your subjects is interressed . the maintenance and preservation whereof doth very highly conduce to the publique peace and prosperity of your majestie and all your people ; they conceive themselves more especially obliged with all humblenes and care ▪ yea , with all earnestnesse and constancie of resolution and indeavour to maintaine and defend the same . amongst other the priviledges of parliament ; they doe with all dutifull reverence to your most excellent majestie declare that it is their ancient and undoubted right ; that your majestie ought not to take notice of any matter in agitation and debate in either houses of parliament , but by their information and agreement ; and that your majestie ought not to propound any condition , provision or limitation to any bill or act in debate or preparation in either houses of parliament ; or to manifest or declare your consent or dissent , approbation or dislike of the same before it be presented to your majestie in due course of parliament : and that every particular member of either house hath free liberty of speech to propound or debate any matter according to the order and course of parliament : and that your majestie ought not to conceive displeasure against any man for such opinions and propositions as shall be delivered in such debate , it belonging to the severall houses of parliament respectively to judge and determine such errors and offences in words or actions as shall be committed by any their members in the handling or debating any matters depending . they doe further declare that all the priviledges above mentioned have beene lately broken to the great sorrow and grievance of your most humble and faithfull subjects in that speech which your majestie made in parliament to both houses upon tuesday last the th . of this present moneth of december , in that your majestie did therein take notice of a bill for impressing of soldiers being in agitation in the said houses , and not agreed upon : and that your majestie did therein offer a salvo jure , or provisionall clause to be added to that bill before it was presented to your majestie by the consent of both houses , and did at the same time declare your displeasure against such persons as had moved some doubt or question concerning the same bill . all which they doe affirme and declare to be against the ancient lawfull and undoubted priviledges and liberties of parliament . and therefore they most humbly beseech your majesty by your royall power and authority , to maintaine and protect them in these and all other the priviledges of your high court of parliament , that you will not for the time to come breake or interrupt the same . and that none of your loyall subjects may suffer or sustaine any prejudice in your majesties favour or good opinion for any thing done or spoken in parliament . and for the reparation of your loyall subjects in this their just grievance and complaint , for the breaches of their priviledges above mentioned , and prevention of the like , for the time to come . that your majestie will be pleased to declare and make knowne , the name or names of the person or persons , by whose misinformation and evill councell your majestie was induced to the same , that so he or they may receive such condigne punishment , as shall appertaine to justice in that behalfe . and this they most humbly desire , and as your greatest and most faithfull councell shall advise your majesty to performe , as that which will be , not only a comfort to themselves , but likewise a great advantage to your majesty , by procuring and confirming such a confidence and unity betwixt your majesty and your people , as may be a foundation of honour safety and happinesse to your person and throne , as they stand bound alwaies to pray for , and indeavor . imprinted in the yeare , mdcxli . a remonstrance from his excellency sir thomas fairfax, and the armie under his command concerning their just and clear proceedings hitherto, in the behalfe of the parliament, kingdom, & themselves: and the evill and trecherous dealing they have found from the enemies to their own, and the parliaments and kingdomes peace and freedome. together with their present difficulties and dangers in relation thereunto: and their present resolutions thereupon. with the grounds of all these. by the appointment of his excellency, and the generall councell of his army. signed jo. rushworth, secretarie. england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a remonstrance from his excellency sir thomas fairfax, and the armie under his command concerning their just and clear proceedings hitherto, in the behalfe of the parliament, kingdom, & themselves: and the evill and trecherous dealing they have found from the enemies to their own, and the parliaments and kingdomes peace and freedome. together with their present difficulties and dangers in relation thereunto: and their present resolutions thereupon. with the grounds of all these. by the appointment of his excellency, and the generall councell of his army. signed jo. rushworth, secretarie. england and wales. army. rushworth, john, ?- . fairfax, thomas fairfax, baron, - . [ ], , [ ] p. august . london, printed for j. harris, printer to his excellency sir tho fairfax, [london] : . also published in the same year with title: a remonstrance from his excellency sir thomas fairfax, and the army under his command. reproduction of the original in the bodleian library. eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- sources -- early works to . a r (wing f a). civilwar no a remonstrance from his excellency sir thomas fairfax, and the armie under his command: concerning their just and clear proceedings hitherto england and wales. army d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - ben griffin sampled and proofread - ben griffin text and markup reviewed and edited - pfs batch review (qc) and xml conversion a remonstrance from his excellency sir thomas fairfax , and the armie under his command : concerning their just and clear proceedings hitherto , in the behalfe of the parliament , kingdom , & themselves : and the evill and trecherous dealing they have found from the enemies to their own , and the parliaments and kingdomes peace and freedome . together with their present difficulties and dangers in relation thereunto : and their present resolutions thereupon . with the grounds of all these . by the appointment of his excellency , and the generall councell of his army . signed jo. rushworth , secretarie . august . london , printed for j. harris , printer to his excellency sir tho fairfax . . a remonstrance from his excellency sir thomas fairfax , and the armie under his command . when ( by the blessing of god upon the indeavours of this army and other forces of the parliament ) the adverse forces & garrisons within this kingdome were dissipated and reduced , a present quiet and freedom of trade , and all commerce & bussinesse restored to all parts of the kingdome and an hopefull way made for setling of a sound and lasting peace , on good termes , for the interest of the kingdome ; instead of the hoped fruit of our labours and hazzards , and of the kingdomes vast expence ( in the dispensing of justice and righteousnesse and the setling and upholding of common right and freedome to the subjects of this nation ) we found immediately the crosse workings of a strong and prevalent party in the parliament and kingdome , who ( walking under the mask of the parliaments friends , but being in truth men of corrupt and private ends & interests , different from , and destructive to the reall and common interest of the kingdom ) made use of their power to obstruct and pervert justice , to injure , oppresse , and crush the peaceable and well-affected people of the kingdom , to abridge and overthrow all just freedome and liberty , & drive on designes to set up a party and faction in the parliament and kingdom , and ( by the advantage of a perpetuall parliament ) to domineere over , & inslave the kingdom to posterity : and for that end , to make such a peace with the king , if any , as without any just provision for the common and true interest of the people , and the security thereof for future , would serve onely to make up and establish their own greatnesse , and the affected domination of themselves and their partie over all others . to all which ends ( as before this parliament ) the ignominous names of puritan & non-conformist , & the specious pretences for setling of order , decency , and uniformity in religion ▪ were made use of , to the prejudice , trouble , and suppressing of all that appeared , either for the truth and power of religion , or for the rights & liberties of the kingdom , and towards the advancing at once , both of an ecclesistical and civill tyranny , so , ) this generation of men , in the application of the parliaments power , ( succeeding the former in the exercise of the kings ) have made use of the odious names of brownists , anabaptists , independents , hereticks , schismaticks , or sectaries of one sort or other , to blast such men , in whom the truth & power of religion , or a just sense of the common interest of the kingdom hath appeared ; & have held forth the pretences of reformation and uniformity , to colour and counte●…ance their designes of setting up their own irreligious , or pharisaicall and domineering faction , to the oppression of all other people : and herein they have had a great advantage to further their aforesaid designs , by reason of the jealousies which many cōscientious men of the presbyterian judgements have entertained concerning this army , & concerning divers other eminent and worthy instruments of the kingdoms good ( being in places of publik trust & power ) were supposed to be of the independent way in pursuance of their aforesaid disignes , they indevoured , and by their power and influence upon the parliament , and the advantage of such pretences as aforesaid , very much prevailed to put out of all places of power or publike trust the most sober and tonscientious men , and such as had approved themselves faithfull to the pub●…ike interest throughout all the late troubles , and to put in debauched & dissolute men , or such as would for advantage serve their private interests , and for that end ( in cases where they ●…ould not otherwise prevail ) procured such garisons to be sleighted , such powers to be recalled , ( though more necessary to have been continued ) which they found in the hands of persons of the former sort . and such to be continued ( though lesse necessary ) as they found in the hands of the later : and , the better to strengthen themselves in their designes , closing with a very powerfull party in the city of london , they first with much activity endeavoured , and prevailed to new-modell the common councell and forme the fame to their own party ; and then stirred them up to a petition ( amongst other things concurrent to their ends , ) for the alteration of the citymilitia , who by their continuall violent , and pressing importunity at the parliaments doores , wrung from the parliament an ordinance for that purpose , whereby they procured the power of that militia , the speciall influence whereof upon the city and kingdome , and upon the parliament it self , being the onely guard they had for their safe sitting ) is evident to all men , ) to be taken out of those hands in which it had been continued without prejudice , and with great and known security and advantage both to the parliament , city and kingdome , throughout the late troubles , add this without any exception either then or since made against them , and to be put into the hands of such others , as were ( at best ) of doubtfull affections to the interest of the parliament and kingdome : but indeed men given up and ingaged to the private interests and designes of the said factious party , as hath since ' too evidently appeared , and as in the late declaration of the army concerning the grounds of our advance towards london , is more fully remonstrated . and ( finding this army not for their turns ) they made it their main work to disband or break it in pleces , even before the relief of ireland was provided for , or the peace of this kingdome setled . and though all this went under the pre●…ence of easing the present burthens of the kingdome , yet at the same time they designed and went about to put the kingdome to the expence and trouble of raising and forming a new force ( under pretence , as for the service of ireland ) but evidently designned and so fra●…ed as to serve their own ends and purposes aforesaid in england : and ( being many of them filled and acted with personall ●…nvy , and others with malignity of principles and interest against this army , and the work of god by it ) it would not serve their turns to break or disband it , but it must be with all possible dshonour , injury , oppression , and provocation that they could put upon it . and it was too evident , that their endevour was not onely to put it off without the honour or satisfaction due to it for the service it had done , but to disband it on such termes as to subject and expose all ( and even the most faithfull ) servants of the parliament and kingdome , both in the army , and elsewhere , unto oppression or undoing , or to the mercy of their own and such other mens malitious and invenomed spirits which could promise no better . for the more full and particular demonstration of all which we referre all knowing men to the practices and proceedings against this army , unto the times by their procurement ) appointed for the disbanding of it in severall parts , without just and equall satisfaction , which have been in part remonstrated in papers sent from this army , and published before our coming up to s. albans . upon consideration of all this , and upon the resolutions , ( which their own abuses and provocations , put upon the army , had raised in the whole body of it ) not to disband without further satisfaction and security from the like abuses in future ▪ we did in our representation or declaration sent from s. albans . expresse in generall what things we desired ( besides our concernments as souldiers ) to see done or provided for before our disbanding , for setling the peace of the kingdome , and securing the common rights and liberties thereof , which wee were called out to defend and vindicate , and had so long sought for ; and having ( therewithall ) impeached severall members of the ho●…se of commons for their unjust practises and designes , to such purposes as are before expressed , and for indeavouring in prosecution thereof to engage this kingdome in a new warre ; we added some further desires for prevention of that mischief of a new warre to the kingdome , and for our owne present securitie from immediate ruine , while those other things might be treated on or considered . and upon the granting of some of them in part , and hopes given of some others , though we could not obtaine the rest , and especially , not that which wee hold most just equall , and necessary , viz. the positive suspension of those impeached members from sitting in the house as judges in their owne cause , and from their power in committees , whereby they had the advantage to raise warre against us , and to make new disturbances , in the kingdome , yet the said impeached members pretending to withdraw themselves from the parliament untill their causes should be heard and tryed and the house giving con●… thereunto we out of our tendernesse to parliament priviledges , and our earnest desires to yeeld all observance ●…o the parliament , and satisfaction to the citie ( who pretended a full concurrence with us in ou●… declare●… desires ●…or setling the peace and liberties of the kingdome ) did at the parliaments command and the cities request withdraw the army to the desired distance from london , & dispersed it further to several parts of the kingdom for the ease of the country , and proceeded in a peaceable and regular way ▪ to prepare and present more particular charges against the said impeached members , which within a few dayes after we accordingly sent up to the house : and the said impeached members , ( having put in a delatorie answer thereto with a plea and demurrer to divers particulars therein ) pretended that ( to avoid any disturbance or interruption to the present proceedings for setling the publique affaires by the interposall of their private cause ▪ ) they desired leave and passes to travell for some moneths , which accordingly the speaker of the house of commons was ordered or authorized to give them , and we ( presuming on the houses caution for their forth-coming to be tried when the affaires of the kingdome were setled , which upon their first motion of with-drawing we had insisted on , ) did not gainsay , and thereupon we proceeded in a quiet and hopefull way to prepare more particular proposalls in pursuance of our former generall desires , for the present setling of the peace of the kingdome to be tendred to the commissioners of parliament residing with the army for that purpose : but finding that while we were thus peaceably proceeding , the said ●…peached members ( notwithstanding their pretended desires to travell ) did continue in , and about london , very active and busie to raise warre , or make disturbance in the kingdome . and that the committee of militia there , did comply with them therein by daily listing of men , and other preparations towards war , and sheltering to that end , yea , and entertaining into service , those same reformadoes , who ( by ordinance of parliament ) were by them to have been put out of the lines of communication , and finding continuall jealousies and disturbances to our said proceedings bred in the army by the daily reports and alarums thereof from the city , wee made a particular addresse to the parliament for the restoring of the city-militia into those hands in which it was before the ordinance of the fourteenth of may , last ; or last : for the reasonableness of our desires wherein ( supposing that we had such cause to insist on some removall of that power out of the hands into which it was then put up ( as here before is partly exprest ▪ and in our late declaration is more fully set forth ) we dare confidently appeal to all men ( not engaged against us ) whether , for the present safety and quiet of the city upon such a change , and to prevent those dangers or disturbances to or in the city , which the want of a militia during the interval ( betwixt the ceasing of one and new forming of another ) might give occasion and advantage unto ( especially in such a juncture of affairs ) there could be any other way so expedient , as to render that change , but an immediate reverting into those hands in which it was so lately before ( who would make up a militia ready formed to succeed immediately in place of the other , without any considerable intermission or delay ) and whether at a time when jealousies and distrusts were both so rife and hurtful ( as they might occasion no less distraction or interruption to any quiet settlement or proceedings thereunto , then reall attempts of mischief would ) there could be any proposall more reasonable or hopefull to beget a confidence and acquiescence ( as to that point ) both in the parliament , city and army , then to have that power restored ( for the present ) into those hands , of whose fidelity to the common interest , we had all found so ample and unquestioned proof throughout the most dangerous times . upon our address therefore to the parliament for that purpose ( the army being at such distance as aforesaid ) both houses were pleased , on the . of july last , to passe an ordinance for returning of the militia into those hands , and repealing the ordinance of the . of may , by which it had been changed as before . hereupon , hoping all would quietly succeed to a settlement in this kingdome , we went on securely to finish our proposals for that purpose ( the heads whereof have been since published ) withdrew the head-quarter to a farther distance , dispersed the army to larger quarters , for more ease to the countrey ; and upon a recommendation of the businesse of ireland from the parl. we had , in lesse then a weeks space , prepared and ordered a considerable force ( no lesse then . horse and foot , as sir thomas temple employed from the parliament about that businesse to us can testifie ) for a present reliefe thereunto : but the restlesse and treacherous malice of the enemies to our and the kingdomes peace ( taking their supposed advantage of our distance , and dispersed posture ( which their faire pretence of peaceable intentions had induced us into ) first , they did without all colour of authority , contrive and set on foot in the city , and many of them entred into a mischievous and desperate vow and ingagement , tending to the subversion of the freedome of parliament , and the liberties of this nation , to the frustrating of those just and publicke ends , for which so much blood and treasure hath been spilt , and spent , in the late warres , and to the rising of a new warre against the parliament and their army ( which said ingagement both houses of parliament , did by their declaration of the . of july adjudge and declare to be high treason in all that should promote or abet the same ; and within a few dayes after ( to wit , on munday , july . ) there was a petition brought to the parliament , by the sheriffes , and some aldermen , and common-councell-men , in the name of the city of london , for the recalling of the said ordinance of the . of july , concerning the militia , and the returning of the militia into those hands , in which it was put by the ordinance of the . of may , which petition was immediately followed and backed with a tumultuous confluence of apprentices , and other dissolute and desperate persons , who committed most horrid and unheard of violence upon both houses , inforcing them to recall both the said declaration of the three and twenty day of july ( concerthe said engagement . ) and also the said ordinance of the same date , concerning the militia , and compelling the speaker of the house of commons to resume the chaire , after the house was adjourned , and the house to passe such further votes concerning the kings present comming to london , &c. as they the said rioters did please , neither the guard from the city , that then attended the houses , nor the lord mayor , sheriffes , or any authority in the city ( though sent to for that purpose ) taking any course to suppress the said tumult , or relieve the parliament against that violence , though it was continued for the space of eight or ten houres . and the houses having next day adjourned till friday , july . there were printed ticekts fixed upon posts , in and about the city the day before , inviting the same persons to the like confluence at westminster , against the houses next meeting . all which hath been more fully and more assuredly made known , by the declaration of the speaker of the house of commons concerning the same . by this meanes the speakers of both houses , together with most of the lords , and a very great number of the most faithfull and unquestioned members of the house of commons , were driven away , so as they could not with safety attend their service in parliament , nor with freedome discharge their trust to the kingdome therein , but were forced to fly to their army for safety , so as there was not , nor could then be , any free meeting or legall proceeding of a parliament . notwithstanding which divers members of both houses , ( who by the carriage and sequell of the businesse , will appeare to be of the same party and confederacy with the aforesaid enemies to our and the kingdomes peace , and with the authors and actors both of the said treasonable engagement , and the tumultuous force upon the parliament . ) taking this opportunity of time , to carry on their designes , when very few were left , but of their own party , did continue to meet in the usuall places in westminster . and ( having under pretence of a necessity for continuing the parliament , by adjournment , drawne in some few well-minded members to sit with them , out of a seruple least the parliament should fall for want of adjournment ) tooke upon them the name of both houses of parliament . and having on friday , july . chosen a new speaker , did proceed to vote and act as a parliament , and adjourned from time to time ; but of what party and confederacy the most of them were , and to what ends and interests they acted , will appeare by what they did , whereof we shall for present give a taste in some particulars , hoping that shortly the whose journall of their proceedings may be made publique . for , the said members of the house of commons ( conveening as aforesaid ) immediately voted and called in ( as to the service of the house ) the eleven impeached members . and also those who upon former votes of the house were suspended or under question to be put out for delinquency , and had put in their cales ; with this pretended house of commons thus composed , and foure or five lords of the same modell ( for an house of peers ) they proceed to set up a committee for safety ▪ ( whereof all or most of the said impeached members were a part ) this committee they appointed to joyne with that same pretended committee of the city militia , whose power was obtained onely by the tumultuous force and violence aforesaid : to these committees the most or many of their proceedings referre , and by divers pretended vot●…s , orders and ordinances , procured in the name of one or both houses of parliament , large powers were given to these two committees for raising of forces , appointing chief commanders ▪ and other officers ; and other vast , unlimited , or unusuall powers were given them , all tending to the raising and levying of a new warre within this kingdome ; upon which many forces both of horse and foot , were actually levyed , and other preparations of warre made ; all which , that they were intended and designed in justification , prosecution , and maintenance of the aforesaid treasonable engagement , and of the said force and violence done to the parliament , or of the vere same ends and interests , and to oppose and hinder the restitution of the houses of parliament , to their honour and freedome , and the advance of this their army for that purpose , being then upon a march . besides the consideration of the persons into whose hands these powers were committed . it is abundantly evident many other wayes , but especially by that declaration of the lord mayor , aldermen , and common-councell of london , which was first , by that pretended committee of safety , ordered , and then by the pretended house ( without reading a word of it ) approved to be published in the parish churches , with an exhortation to the people to take up armes , in maintenance of the ends therein expressed , which ( though the pretence were for the defence of the king , parliament and city , then alledged to be in great danger , ( when as indeed none were in danger , but onely the authors , acters , and abe●…tors of the traiterous practises aforesaid , yet ) the true ends thereof appear clearly to be the same with the said treasonable engagement , and tumult against the parliament , all of them concerning ( as in other things , so especially in this ) viz ▪ to have the king brought up to london without delay , or any nearer approach of the army . and to al these , the succeeding votes of the pretended houses , for the same thing did speedily e●…cho the same note : concerning which matter ( not to examin what al●…eration of the case , since both houses , and both kingdomes also ( of england and scotland ) resolved , that it was not safe , the king should come to london , until he had given satisfaction & security to his people , in relation to those publique ends for which so much blood and treasure had been spent ) we shall onely say thus much to these mens intentions and designes in the businesse . that had the king come up to london , ( as they have so oft desired and attempted ) it is apparent they intended and would have made use of it , rather to lay the stronger foundations of a new warre ( upon the ruines of that publique interest contended for in the former , and of all those that had with most candor , clearnesse , and simplicity of heart , appeared and acted for the same ) then any way to settle thereby a safe and well grounded peace . and since they could not rationally expect so easie an obtaining of the kings person to london upon such a pretended vote or declaration of their desire thereof , it is as evident that they could intend nothing thereby , but a more plausible pretence , and foundation of quarrel against this army , whereby to engage or incline to their assistance the kings party , and such others , who might be catcht with the apprehension thereof , as a speedy way to peace ( the thing so generally longed for ) and by such assistance gained the better to ruine this army , and those faithful members of parliament , who were retired to it . for our parts we shall rejoyce as much as any , to see the king brought back to his parliament ( and that ) not so much in place , as in affection and agreement on such sound termes and grounds , as may render both him and the kingdom , safe , quiet , and happy , and shal be as ready as any to bring his majesty to london , when his being there may be likely to produce ( not greater disturbances , but ) a peace indeed . and that such as may not ( with the ship-wrack of the publique interest ) be shaped and moulded onely to the private advantages of a particular party or faction . but bottomed chiefly on grounds of common and publique welfare & security . and if ( without regard to these considerations ) wee would have brought his majesty with us to london in our late advance t●…ither ( which our enemies could not hinder or prejudice us in ) wee had no cause to doubt , but ( as to men ) we might have had all the advantages which our adversaries promised to themselves , thereby added to the strength and interest of the army , and have inverted the disadvantages upon them that they intended against us thereby ; so as his majesties so much deared comming to london might have been much to their prejudice , and our advantage and security , if we had regarded onely our owne particulars . but ( as at present out consciences beare cleare witnesses to our selves , so ) wee hope god will in the issue make ▪ it cleare to others , that we have not minded , nor been acting our owne worke or interests , but the kingdomes , and every honest mans in it . meane while ( to returne to our purpose ) wee thinke it is sufficiently cleared , that the proceedings of those members or the major part of them ( that continued to sit at westminster during the absence of the speakers ) the powers by them given , the forces thereupon levied , and other preparations of warre thereupon made , were all designed and driven on , in prosecution and maintenance of the said treasonable engagement , and of the force done upon the parliament , or for the same ends and interest with them , and to oppose the advance of this army towards london , for restitution of the parliament to honour and freedome , and indeed to raise a new warre in the kingdome against the parliament and their army for the destruction thereof . and the same may ( yet further ) appeare by this that those very apprentices , reformadoes and others about the city who were the chiefe actors in the said engagement and tumult , were afterwards most trusted and imployed , and most active in their preparations for war . by what we have here said , and what hath been declared and published from us , and from the speakers , and aforesaid members of both houses , and by the whole series of our own , and our enemies actions and carriages ( compared together ) it may appeare how tender we have been not onely of the authority and just priviledges of parliament , and of the safety , peace and wel-fare both of the kingdome and the city , but even towards those our enemies themsel●…es ( seeking onely things necessary for the common good of the whole ( and that if possible ) without ruine or hurt to any , and yet how maliciously and unworthily we have that while been dealt withall by those our enemies , and by a factious and powerfull party ( especially ) in the parliament and city combining with them : and what clear cause we have had both for all that we have formerly desired or done in prevention of our owne ruine and the kingdomes disturbance , and also what just grounds for our late advance to london . the good service whereof ( especially ) in restoring the parliament to a condition of safety , honour and freedome , thereby hath been ( without any seeking of ours ) acknowledged by both houses with thanks to us , and publique thanksgiving to the almighty for it : and a further trust hath been thereupon committed to the generall for taking care with his army to safe-guard the parliament . the houses being thus restored to a condition of present safety , honour and freedome : two things seeme clearly remaining to be done ( which our own and most mens expectations are most set upon ) viz. first , to vindicate the honour , freedome , and safety of parliament from the like affronts and violences in future , and the army and kingdome from danger of the like disturbances ( whilst things shall be in a debate or treaty for a settlement ) and then to proceed unto a speedy settlement of the peace of the kingdome . the latter of these is , first in our intentions ( being nearest to the ultimate end . ) and we shall earnestly desire that in order thereunto , the proposals of the army ( whereof the heades are published ) may be speedily considered and brought to a resolution . but considering that the debates of them may take up some time ere they be agreed o all hands , and the framing of them into bils , and perfecting of the same will require much more . something must first be done in the former for a present security to the parliament from like affronts or violence , and to the army and kingdome from the like disturbances to the peace thereof by any farther advantage which the time like to be spent in the setling of peace , may afford to our watchfull , restlesse , and ( we doubt ) implacable enemies . first , therefore to these ends ( unlesse it should be thought fit to secure the parliament by keeping the whole body of the army , or so great a part thereof , to remaine continually in and about london , as might be sure to over-power any future tumults or force that may arise out of the city , which ▪ neither the wel-fare of the city and ease of the parts adjacent , nor the safety of the kingdome , in respect of the present posture of affaires will admit . ) it is absolutely necessary that there be speedy and exemplary justice done upon ( at least ) the chiefe authors or abettors of the said treasonable engagement , and of the said force done to the parliament , and upon the chief actors , in maintenance and prosecution thereof ( whereby men may be deterred from the like in future . and this is also as necessary to the security of the army , and peace of the kingdome , since it is apparent by all that hath been said , and by infinite other evidences ( too many to recount . ) that both the said ingagement and the force done to the parliament , and the power of the city militia thereby gained , & the succeeding votes and orders of the pretended houses , ( but indeed of that faction that are our professed enemies ) in maintenance and prosecution thereof , and the forces thereupon leavyed ( put under the command of major generall massey , and others our professed adversaries ) were all designed and directed to the ruine and destruction of this army , and the raising of a new warre against us in this kingdome . and having had such experience of their restlesse malice and cruel intentions towards us , ( notwithstanding our tendernesse and lenity towards them ) and of their treacherous dealing ( so soone as they thought they had the advantage ) notwithstanding all their semblances of complyance to a composure . what reason is there to expect , but that by our patience and delayes , they apprehend in future the like or other advantage , they will breake out againe into the like or worse attempts of violence and warre , if all escape with impunity for these . but as to this point of security by exemplary justice in an ordinary way , we see our hopes almost frustrated , whilest , ( though our desires and resolutions to that purpose , exprest in our late declaration of our advance towards london , were then seconded with the declared approbation and concurrent resolutions of the speakers and members of both houses , that were driven away to the army , and with their engagement to live and die with us therein . and though in pursuance thereof , the right honourable house of peeres , have since their restitution , begun and proceeded to declare null and void , all that was done in the name of both houses , while they lay under the power of that tumultuous violence ; and to give their more authentique approbation to our said declaration , made in behalf of the said speakers and members , while they were with the army : and in behalfe of the honour and freedome of the parliament , and to give their like approbation to the concurrent declaration and engagement of the said speakers and members , made to us while they were with us , yet ) the house of commons hath not onely not concurred with the lords in any of those things , but rather seeme to have cast them aside . and upon the question concerning those very votes of the said th of july . to which the houses were by the said violence inforced [ whether they should b●… declare●… null and void ] it was carried in the negative , that the question should not be put , by the consequences whereof , ( which are many wayes very sad , this poor kingdom , and more then we can recompt ) and by all subsequent proceedings in that house , in relation to the whole busines , we clearly finde , that the members of that house , who ( after the violence done to it , and during the absence of the speaker , and the other members thereby driven away ) proceeding in the name of that house as aforesaid , procured the pretended powers , and did make the pretended votes , orders , and ordinances aforementioned ; and many of them were the factors thereupon for the leavying of war , in prosecution and maintenance of the aforesaid treasonable engagement , and force done to the parliament , and for the opposing , resisting , and destroying of this the parliaments army in its advance to london , for the restitution of the parliament to its honour and freedome , being conscious of their own guilt and danger thereby ; yet presuming on their interest in the house , and the patience and lenity of this army doe continue and intrude themselves , and to sit and vote there , and by their present interest in the house doe use their utmost endeavours , and very much prevaile to obstruct and avoid the bringing of any to justice , who have acted under their pretended authority , ( knowing it to be their owne case and concernment in point of impunity , as well as conducency to their faction and interest ) and for that cause they labour ( as for life ) to uphold the things past and done , and the authorities given by them and their faction ( in their and the apprentices pretended parliament ) yea , even those very votes and authorities , wrested from the parliament , by that palpable force of july the th , to be good and valid untill they be repealed ( as if past in a free and legall parliament ; ) in which point , and all questions touching upon it , we finde they presume upon , and are strengthened by the concurrence of divers other members , who having ( perhaps with harmlesse intentions ) continued to sit with them during the speakers absence , as aforesaid ( though they consented not to any of their mischievous votes and orders , or treasonable proceedings afore mentioned ) may yet feare themselves to be involved in the same case and danger by having sate with them ▪ and thus by the concurrence of these two parties in the house ( as to that point ) and the interest which both those parties have with others in the house ( especially upon a matter of saving one another ) and by the partiall respects of some others in the house , for the saving of their friends out of the house , who have acted under the authority , and for the evill ends aforementioned , we find an absolute obstruction to the bringing to justice , or questioning of any ) who have acted in the late leavying of war against us , and against the vindication of the parliaments freedome , or in the said treasonable engagements , yea , or in abetment of the tumultuous violence upon the parliament it selfe ; neither can we find or heare of any one person hitherto brought to justice or question for any of these things , but all seem to be either justified , or at least protected from justice by the power and prevalence of those members in parliament ▪ who are ( many of them , as we can make appeare ) equally guilty of , and ( others ) in some kind obnoxious for the same things ; and thus not onely our just expectations of vindication to the parliament , and security to our selves and the kingdome from the like treasonable and turbulent practises in future , ( by exemplary justice for what hath been so done ) are frustrated , but even the safety and immunity of the speakers , and those faithfull members of both houses that were driven away by the violence aforesaid , and the immunity of the army in advancing to london , to bring them back , and restore the parliament to its honour and freedome ( which hath been acknowledged , with publique thanksgiving to god for it , as aforesaid ) is subjected and exposed to question ( where in theirs and ours , and the kingdomes enemies , obtrude themselves to be the judges●… ) for if those pretended votes , orders and ordinances , whereby warre was leavied against them and us were then good and valid ( though they should now be repealed , yet ) we , with the speakers , and those members aforesaid , in opposing of them while they were of force , must needs remaine transgressors still , and yet god and we are thanked for it [ what a mock is this to god and man . ] but to returne to the more serious consideration of our case , in relation to the security of the parliament , kingdom and our selves , against the like turbulent and treasonable practises in future , since by the meanes aforesaid no security by exemplary justice can at present be had , ( to deterre any from the like ) we wish all men to consider what straights we are in this case put upon ; ( that which is the maine worke of the kingdome , and which we most earnestly thirst for , and attend upon , ( viz. the setling of a peace , and consideration of our proposals in order thereunto ) will ask time to bring it to an issue ; and that done●… the relieving or remedying of the pressing grievances of the kingdome , will take up and require the sitting of the parliament for some further time ( though upon the setling of a peace , a period be set for the certain ending of it ) now for the body of this army , or so great a part of it ( as may serve to over-power any future tumults , or force that may arise in or from the city ) to continue hereabouts so long , the condition of the country hereabouts , and the necessities of the city ( in point of provision ) cannot well beare it , and ( we doubt ) forreigne forces ( that are alre●…dy upon the wing ) and turbulent spirits , that in severall parts of the kingdome , are beginning insurrections , ( if we continue fixed here ) will have such opportunity , and take such encouragement therefrom , as that they may ere long necessarily call us off ; should we now or hereafter ( while the parliament sits ) draw off the army from about the city , without exemplary justice upon some , would not the same or more dangerous tumults and violences probably returne upon the parliament ; and the like or worse pactises of raising a new warre , be revived , ( with more advantage to our enemies , more danger to us and the kingdom , and lesse hopes of appeasing it , so easily and happily as the former ) while the same viol●… and factious spirits , both in the parliament and else where shall continue in the sam●… power and opportunities as for●… 〈◊〉 , and both they , and all others , shall have before their eyes the incouragemen●… of that impunity and protection ( yea rather that justification ) which they have hitherto found from within the parliament it self , in the past practises aforementioned , though as grosly treasonable as any they can hereafter run into ; should we or any others ( for the obtaining of exemplary justice upon some ) proceed to impeach any for their past treasonable practises ; what hopes of justice , or of a timely dispatch therein can we have , while such a prevailing party of new interested and concerned in the same things shall in the house of commons continue to be judges therof , or at least be ready to avow and justifie the offendors therein , as having acted under their pretended authority . in this straight therefore ( though we ever have been , and shall be most tender of all just priviledges of parliament , yet ) finding the root of these and other difficulties to the parliament , kingdome , and our selves , to lye in this , viz. [ that those members of the house of commons , who ( during the forced absence of the speakers of both houses ) continuing to sit and act as a parliament , did procure and consent to the pretended votes , orders , and ordinances aforementioned , for leavying of warre ; and that ( as is before demonstrated ) in direct prosecution or maintenance of the aforesaid treasonable ingagement , and the violence done to the parliament , and for the opposing , resisting , and destroying of this the parliaments army in its advance towards london ( onely to restore the speakers and members of both houses that were driven away , and the houses themselves to their honour and freedome ) and who are thereby , and by their late owning , and avowing of the same , and many of them ( as we can prove ) by acting personally in the said treasonable practises , become parties to the same , do yet take the boldnesse to sit and vote in parliament , especially in the house of commons ] ( we say ) finding the maine root of our difficulties and dangers `lying in this ; first , we appeale to all men , whether 〈◊〉 be just or tolerable , that any priviledge of parliament should ( contrary to the law of nature ) make a man judge in his owne case and concernment ? and we wish those men themselves to consider ( if we had come to an ingagement with the forces raised by vertue of their pretended votes and ordinances , and that thousands had been sl●…ine , and we had made our way by the sword ) whether they would then have expected to have sate as judges upon us therein ? and we are sure it is no thanks to them that it hath beene otherwise ; and had we found those members in armes against us , and subdued and taken them , whether had they not then been in the condition of prisoners of warre ? and ( if so ) then having put armes into the hands of others , against us , and still maintaining it , whether can they in strict justice challenge any better condition from us ? but , that [ contrariwise ] we should suffer , either that those whom by the course of warre [ which they had chose to ingage in against us ] we might justly make our prisoners , should in a course of law , become our masters and commanders ? or that those who the other day did , in an hostile manner , indeavour to have been our executioners , should ( now we have by force tooke their preparations against us ) become our judges , ( we suppose ) no reasonable man , nor themselves ( when they well consider it ) can expect from us . upon all these considerations of the justnesse of the cause , and the necessity of the thing , for the safety of the parliament , kingdome , and this army , ( having no other way left timely to remedy the difficulties we are put upon , or prevent the growing dangers of future violence unto the parliament , and disturbances of the kingdome , or to secure the parliament in a quiet proceeding to settle the peace of the kingdom . and ( in such case ) the safety of the people being the supreame law , we do protest and declare : that , if any of those members , who during the absence of the speakers , and the rest of the members of both houses ( forced away by the tumultuous violence aforesaid ) did sit , and vote in the pretended houses then continued at westminster , that hereafter intrude themselves to sit in parliament , before they shall have given satisfaction to the respective houses whereof they are , concerning the grounds of their said sitting at westminster , during the absence of the said speakers , and shall have acquitted themselves by sufficient evidence , that they did not procure , or give their consent unto any of those pretended votes , orders , or ordinances tending to the raising and leavying of a warre ( as is before declared : or for the kings comming forthwith to london ) we cannot any longer suffer the same , but shall doe that right to the speakers and members of both houses , who were driven away to us , and to our selves with them ( all whom the said other members have endeavoured in an hostile manner most unjustly to destroy ) and also to the kingdome ( which they endeavoured to imbroyl in a new warre ) as to take some speedy and effectual course , whereby to restraine them from being their own , and ours , and the kingdomes judges in those things wherein they have made themselves parties , by this meanes to make war , that both they and ohters that are guilty of , and parties to the aforesaid treasonable and destructive practises and proceedings against the freedome of parliament , and peace of the kingdome , may be brought to condigne punishment ( and that ) at the judgement of a free parliament , consisting ( duly and properly ) of such members of both houses respectively , who stand clear from such apparant and treasonable breach of their trust , as is before expressed . by the appointment of his excellency , and the generall councell of his army . signed , j●… . ru●…worth secretary , at the head-quarter of kingston upon ▪ thames . august . . finis . the hypocrites vnmasking, or, a cleare discovery of the grosse hypocrisy of the officers and agitators in the army concerning their pretended forwardnesse and reall syncere desires to relieve ireland ... : by a letter of the agitators to lieutenant generall crumwell, march , : and colonell robert hammmond his unreasonable propositions to the parliaments and some briefe observations concerning sir hardresse waller, and the lord lisle, late governour of ireland. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the hypocrites vnmasking, or, a cleare discovery of the grosse hypocrisy of the officers and agitators in the army concerning their pretended forwardnesse and reall syncere desires to relieve ireland ... : by a letter of the agitators to lieutenant generall crumwell, march , : and colonell robert hammmond his unreasonable propositions to the parliaments and some briefe observations concerning sir hardresse waller, and the lord lisle, late governour of ireland. prynne, william, - . sexby, edward, d. . letter of the agitators to lieutenant general cromwell. hammond, robert, - . cromwell, oliver, - . p. [s.n.], london : . attributed to william prynne. cf. bm. the agitators were e. sexby and others. reproduction of original in harvard university libraries. marginal notes. eng waller, hardress, -- sir, ?- ? lisle, george, -- sir, d. . hammond, robert, - . england and wales. -- army. great britain -- history -- civil war, - . a r (wing p ). civilwar no the hypocrites vnmasking· or a cleare discovery of the grosse hypocrisy of the officers and agitators in the army, concerning their pretende prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - sara gothard sampled and proofread - sara gothard text and markup reviewed and edited - pfs batch review (qc) and xml conversion the hypocrites vnmasking ; or a cleare discovery of the grosse hypocrisy of the officers and agitators in the army , concerning their pretended forwardnesse , and reall syncere desires to relieve ireland , with the obstruction whereof they falsely charge some of the impeached members , ( who cordialy advanced it ) in the , , , , , . , , , & . articles of their mostfalse and scandalous charge . by a letter of the agitators to lieutenant generall crumwell , march . : and colonell robert hammond his unreasonable propositions to the parliament ; and some briefe observations concerning sir hardresse waller , and the lord lisle ; late governour of ireland . isay . . . for the leaders of this people cause them to erre : and those that are led of them are swallowed up : for every one is an hypocrite , and an evill doer , and every mouth speaketh villany . london , printed anno dom. . a letter of the agitators to leiutenant generall cromvvell . may it please your honour . we , who have [ for these two yeares past and more ] bin by your honour conducted through many dangers , and by providence have been hitherto protected ; who have often seen the devouring sword of a raging enemy drawn forth against us threatning destruction to us , and now see them vanquisht , and our selves seemingly setled in peace and safety , are not unsensible of a more dangerous storm hanging over our heads then ever the malice of our open enemies could have contrived , or their furie caused to fall upon us , which unless diverted , strikes not only at our libertie , but also at our lives : to whom ( next to our maker ) shall we fly for shelter but to your honour , our patron and protector ? from what secondary meanes shall we expect our deliverance , but from that hand that hath been so often ingaged with us ? and from that heart that hath often bin so tender over us , and carefull for our securities ? can we suffer , and , you not sympathize ? can we be proclaimed rebels , and your honour remain secure ? ah dear sir , let your wonted care for us be further demonstrated : cease not to speak for us who together with your selfe , and in obedience to your commands have adventured all that is deare to us for the kingdomes safety : hath any thing bin desired by , that hath bin promised us , or then we have just cause to expect ? if there hath , then let it and the authors thereof perish . but can the parliament upon mis-information passe us for enemies , and we not therein perceive the designes of our enemies ? can we be satisfied with a complement , when our fellow souldiers suffer at every assi●e for acts meerely relating to the war it is not our lives we seeke for : where shall we be * secured whom the meere envy of a malitious person is sufficient to destroy us ? were our enemies in the field with their swords in their hands , we should expect no more then a bare command , and a divine protection in our indeavours to free our selves : but it is another and a farre worse enemy we have to deale with , who like foxes lurke in their dens , and cannot be dealt with though discovered , being protected by those who are intrusted with the government of the kingdome . it is the greife of our hearts that wee cannot desire our own security without the hazard of your excellencie if but in speaking in our behalf . when shall we see iustice dispensed without partiality , or when shall the publique weale be singly sought after and endeavoured ? can this irish expedition be any thing else but a designe to ruine and break this army in peeces ? certainly reason tells us , it can be nothing else , otherwise why are not those who have been made instruments in our countries deliverance , again thought worthy to be imployed ? or why , are such [ who for their miscarriage have been cast out of the army ] thought fit to be intrusted , and those members of the army incouraged and preferred to that service , when they are for the most part such , as ( had they considered their just demerrits ) might rather have expected an ejection then imployment ? we are sensible , yea , farre more sensible of the bleeding condition of ireland crying aloud for a brotherly assistance , then those forward undertakers in this present designe manifest them selves to bee , and shall willingly contribute the utmost of our abilities toward their releife , when we shall see this to be the onely thing sought after and endeavoured : but we are confident that you cannot but perceive , that this plot is but a meere cloak for some who have lately tasted of soveraignty , and being lifted beyond the ordinary spheare of servants seek to become masters & degenerate into tyrants . we are earnest therefore with your honour to use your utmost endeavours that before any other or further propositions be sent to us , our expectations may be satisfied ; which if they are not , we conceive our selves and our friends as bad as destroyed , being exposed to the mercilesse cruelties of our malitious enemies . and shall your honour , or any other faithfull servant to the state , be appointed for the service of ireland , and accept of that imployment , we * must of necessity ( contrary to our desires ) shew our selves averse to that service , untill our just desires be granted , the just rights and liberties of the subjects of england vindicated , and maintained : and then , ( as god and our owne consciences beare us witnesse ) shall we test●fie to the kingdome the * integrity of our hearts to the service of ireland , and our forward actions shall demonstrate the sincerity of our expressions , in reference to that imployment . once more , we are earnest with your honour for your assistance ; without it we are like to be wholly ruined , and having obtained it , may be inabled [ as in duty we are bound ] to expresse our selves . your honours and the kingdomes most faithfull and obedient servants , whose names are here annext , as agitating in behalfe of their severall regiments . * agents for the generalls regiment . tho. moore edward sexby for the lieutenant generalls regiment . samuell whiting william allin . for the commissary generalls regiment . anthony nixson tho. sheppard . for col. fleetwoods regiment . william iones iohn cusby . for col. sheffeilds regiment . henry gethings edw. starre for col. whalleys regiment . tho. lindoll iohn thomas for col. butlers regiment . tobias box iohn willoughby for col. riches regiment . nichol . lockyer ioseph foster for our honoured commander , leiutenant * generall crumwell these . . aprilis . propositions of colonell robert hamond concerning the present service of dvblin . . that the time of his imployment , and those of this army going with him , in this service , exceed not two , or three monethes at the farthest . . to have the proportion of money in hand for the pay of the said forces for the said terme , and that their pay be made good by the parliament for what further time their returne and landing againe in england , shall by casuality of weather , or any other unavoydable necessity , be protracted beyond that time . . that good shipping , well victualled , both for souldiers and marriners , with sufficient convoy , be provided and appointed for the transportation of the said forces to dublin ; which shipping and convoy to be commanded to observe his directions in order to that service , and not to depart untill he dismisse them . . that the said forces going over with him , be not obliged to * any other service whatsoever , more then the possessing and defending of dublin . . that there be imbarqued with them victuall for * six moneths after their comming thither , for their supply , in case they should be so besieged , that it should not be possible for them to returne for england , at the time appointed . . that sufficient shipping of warre , convenient for that service , lye in the river of dublin to serve upon al occasions , and to preserve an interc●urse betwee●e the towne and releife by sea in case the enemy [ being potent ] should besiege the towne : which shipping to be commanded to observe what orders or directions they shall receive from him in order to that service during his sayd continuance there . . that shipping be ready in the harbour of dublin victualled at the parliaments charge with sufficient convoy , * fourteene dayes before the expiration of the said terme , to transport the said forces back againe for england , which shipping to be commanded to observe his orders or directions in order to that service , untill he be landed in england ; and that in case releife doe not come for him and the forces of sir thomas fairefax his army with him , within fourteene dayes before the end of the said terme , that [ whatsoever otherwise shall happen ] it shall be lawfull for him and them to take shipping * seven dayes before the expiration of the sayd time and to returne for england . that a good ingineere , gunners , matrosses , with pay for them , convenient amunition and provisions of warre with materials to worke , as spades , shovels , mattocks and the like , may be ready to goe with them . that at chester there may be fourteene dayes pay ready for the said forces at their returne put into the hands of such as he shall name , to cary them from thence to their owne homes , in case the army , wherof they are members be disbanded . that in all other things , they shall enjoy a like priviledge in point of arreare or otherwise , with the army * whereof they are members if disbanded that the said * colonell hamond may have the command of the said garrison of dublin and of all the forces in it , during the said term , or until he and the forces going with him be releived ; and also that a good proportion of money be provided for the contingent occasion that may happen , for the better carrying on of this worke , to be trusted in the hands of some , whom the parliament shall appoint● , and to be issued out , as colonel hamond shall order . which last proposition ( as also some parts of the former ) he would not have made , but that he doubts and * findes , he shall not be able to get any considerable number with him to answer this service , vnles they be so satisfied in the point of command during their stay . nevertheles , if that , or any of the other propositions be thought unfit [ to manifest the * reality of his intentions for the advancement of this service , in case it could be no otherwise supplyed ] he is willing himselfe , with as many others as he can perswade , to goe over for that space , upon what termes the parliament shall thinke fit , but he * doubts , that upon other termes then these , the number would not be considerable . * sir hardress waller , a colonell in this army , one of the councel of war there : a great stickler against the accused members , hath so litle zeale to ireland , and so large a conscience [ though he disdaines the thoughts of being mercinary ] as to continue with this mutinous army instead of repairing into ireland , where he hath a plurallity of offices of very great trust and profit : being major generall of the army there , governour of cork and colonell of . or . regiments , and captain of one troop of horse at once : receiving no lesse then . . . d. this last yeare from the houses for his pay and raysing forces for ireland , which lay many moneths upon the western parts , and spent as much in free quarter as would have raysed fiue times more men , who yet were never transported thither to doe service there , till the country rose up in armes against them and some of the accused members sent some of them over . the lord lisle [ a great independent and friend of the armies ] who in the . article against the members , accuseth sir io●…clotworthy , mr. holles , and sir philip stapleton , for calling him back from the government of ireland , of which he was made lord president for one yeare ; did during that whole yeare space , except two moneths in the winter ; continue constantly in england , without doing any service at all in the field ; yet received his full pay of . l. a day [ or more ] for all the time he resided here in london ( being near ten moneths space ) as well as for the time he was in ireland : during which yeare , he and his agents received from the state no lesse then . l. in money and provisions for the service of ireland ; and put the kingdome to neare as much charge in quartering of souldiers raised and designed for ireland , which lay some . . . . and . moneths upon the country on free-quarter , or more , and yet were not transported during his time ; which money and forces if well imployed , might have reduced ireland ere this : and to recompence this disservice , his interest in the officers and souldiers of the army at this time , hath obstructed the reliefe of ireland , of purpose to gaine a new commssion for himselfe to be governor there ; rather to promote his owne ends , and the independents interests and designes , then the welfare of that bleeding kingdome , which hath already suffered too much by his service , ( bought at an over deare rate ) as will appeare by his accompt● when they come to be examined . by all which ( and the late treacherous ingaging of col. birch his forces to joyne with sir tho. fairfax and the army against the parliament , when they were to be shipped for ireland , by letters and sollicitations from the army , and to returne to hereford ) let the world judge of the armies & independents most derestable hypocrisie , dissimulation and feigned intentions to relieve ireland , whose releife they have most wilfully obstructed , and how false their charge against those worthy members of the house , for obstructing its releife , is , even for their most cordiall and reall endeavours to accelerate and promote it , all they could . finis : notes, typically marginal, from the original text notes for div a e- sir thomas fairfax ( it seemes ) was & is but a cy - ; pher with you : crumwell , only your conductor , and generall . this disc●vers , who is supreame head of the mutinous faction in the army a more untruth , never cleared by any one reall instance ; * the ordinance for indempnity hath prevented this danger . the xi impeached members , who now can neither protect themselves ( though innocent ) nor others against these agitators and the armies rage , and violence . what need they continue entire to oppress the kingdome withtheir pay and frequarter , now the wars are ended . so they were : as major gen. skipp●n , massy . because not of the present faction & confedracy which they long have ●●nce in conscience deserted your comm-dictory actions and present rebellious proc●edings , obstructive and destructive to ireland , proclaime this anotable untruth . this is mosttrue of the agitators and officers in the army , who now exalt themselves above king and parliament , & give lawes to both . * this is their reall forwardnesse to relieve ireland . * you should say hypochrisy . his in the first p●ace , and a truth as to him . this your present rebellion and disobedience to the parliament proves a falshood , in relation to the kingdome . * traitrous mutineers by law martiall , and the common law of the land . * though no present officer in , or member of the army ; yet , now chiefe president in the councell there , and is appointed a commssioner for the army to treat with the house , of which he is an actuall member ; as in contradistinction to the house . a strange mystery of iniquity . notes for div a e- why so ? but only to carry on the designes now on foot here in the army . yet these gentlemen are not mercenary and scorne and neglect their pay in respect of justice and higher ends . this gent. would be supreame commander both by sea and lande * their de●●g● therein was to posse● themselves of dublin , not to relieye ireland . this seemes unreasonable when they would stay there but . or moneths at furthest . * he would be both lord generall and lord admiral at once , and command both by land and sea . * a very reasonable motion to waite so long upon his worship before hand , at so great expences , only for a moneths continuance ( not service ) in dublin . * a very iust demand to receive full pay beforehand for the whole time and yet to returne without orders . dayes before the time . what need such extraordinary provision for moneths service only when monies were so scarce . a very just 〈◊〉 for scarse moneths stay in dublin . * they knew the army would not disband , & therefore would continue members of it , and returne from ireland to ioyne in their present designes * to gaine all into the armies power both in irel. & engl. to carry on their present designes the better . * pay before hand for all the time ; days pay at the return ; and yet such a good proportion of money besides : is a very unreasonable demand of unmercinary men for a months service only * therefore neither he nor his friends in the army ever realy intended irelands releif , but their own private interest and lucre - * he meanes hypocrsy : elswhy such articles or such a conclusion as this . * which puts al out of doubt , that the army never cordially intended irel● . releif , but only jugled with the parliament therein . a panegyrique humbly addrest to the kings most excellent majesty on his auspicious meeting his two houses of parliament, february the th, th / : and his most gratious speech there delivered on that occasion / by r.w. wild, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a panegyrique humbly addrest to the kings most excellent majesty on his auspicious meeting his two houses of parliament, february the th, th / : and his most gratious speech there delivered on that occasion / by r.w. wild, robert, - . [ ], p. printed by a.p. for phillip brooksby ..., london : . attributed to robert wild. cf. bm. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - -- poetry. england and wales. -- parliament. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a panegyrique humbly addrest to the kings most excellent majesty : on his auspicious meeting his two houses of parliament , february the th . th . / . and his most gratious speech there delivered on that occasion . by r. w. honi soit qvi mal y pense diev et mon droit . london , printed by a. p. for phillip brooksby , next door to the ball in west-smithfield , neer the hospital-gate . . a panegyrique to his sacred majesty of great brittain . great sir ! when e'r your gracious voyce we hear ravisht we stand , and wish our selves all ear ; your speech , which equal ioy and wonder breeds , can be excell'd by nothing but your deeds ; those glorious deeds heaven sent you here to act , to scourge the insolent , and good protect ; while with a strong , and yet a gentle hand , you bridle nations , and our hearts command : secure us from our selves , and from the foe , make us vnite , and make us conquer too those fiercer factions which mens souls did move , are by your favour reconcil'd in love : and now our only strife is to outvye each other in the fruits of loyalty . when fate or error had our age misled , and o're these kingdomes black confusion spred , the only cure which could from heaven come , was so much pow'r and clemency in one ; the genius of our nation , with disdain beheld those puppets which usurp'd your raign ; but long'd , ( with their strange madnesses opprest , ) upon your bosome its sick head to rest : so when a lyon shakes his dreadful mayn and angry grows , let him that first took pain to tame his youth , approach , the haughty beast will bend to him , but fright away the rest . by sweet , yet secret politicks you raign , which forraign statesmen pry into in vain ; the nations ancient honour you encrease , and heal , as well with needful wars , as peace : heav'n , that hath plac'd this island , to give law , to ballance europe , and her states to aw , in this conjuncture doth on brittain smile , the greatest soveraign , and the greatest isle : some think this portion of the vvorld , was rent by the rude ocean , from the continent ; but whilst your forces with the french combine , you make the lands more terribly to ioyne . fame swifter than your winged navy flies through ev'ry land that near the ocean lies , sounding your name , and telling dreadful news to all that pyracy and rapine use ; algiers with trembling knees for peace does begg , undone by 'th valour of your noble spragg : and greater pyrates too , much nearer home , vvho thought to graspe a pow'r great as old rome ; striving to carry all commerce away , and make the vniverse their only prey : are now forc'd to disgorge , and sadly find nature has you , lord of the seas design'd . vvith such a chief , the meanest nation , blest , might hope to lift her head above the rest : vvhat may be thought impossible to do for us , embraced by the sea and you : lords of the worlds great wast , the ocean , we vvhole forrests send to range upon the sea : and ev'ry coast may trouble or relieve , but none can visit us without your leave . angels and we have this prerogative that none can at our happy seat arrive : whilst we discend at pleasure to invade the bad with vengeance , and our friends to aid : our little vvorld , the image of the great , like that amidst the boundless ocean set , of her own growth hath all that nature craves , and all that 's rare , as tribute from the vvaves : as aegypt does not on the clouds rely , but to her nile owes more than to the sky : so what our earth , and what our heav'n denies , our ever constant friend the sea supplies : that friend whom whilst base neighbours seek to gain , your thunder with their blood purples the main : the tast of hot arabian spice we know free from the scorching sun that makes it grow : without the vvorm , in persian silks we shine , and without planting , drink of ev'ry vine : to digg for vvealth , we weary not our limbs , gold , though the heaviest mettal , hither swims : ours is the harvest where the indians mow , we plow the deep , and reap what others sow : things of the noblest kind our own soil breeds , stout are our men , and warlike are our steeds : rome , though her eagle through the world had flown , could never make this island all her own : here the third edward , and the black prince too , victorious henry flourisht , and now you : for whom , proud dutch , ( reserv'd , like the greek state , till alexander came to urge their fate ) must make new trophies , which the couq'ring hands of mighty york , or ( who in 's sted commands ) the matchless rupert from the sea do bring , to adorn the triumphs of our glorious king : whilst most heroick montmouth , to add more , transplants the laurels of the belgian shore . yet need your foes not dread ( if they 'l submit ) your power , you with such sweetness temper it : prefer'd by conquest , happily o'rethrown , falling they 'l rise , to be with us made one that aiery liberty , whereof they boast is but a spacious shadow at the most : for they 'l find on just account of things no freedom ▪ like the rule of pious kings : so kind dictators made , when they came home , their vanquisht foes , free citizens of rome , less pleasure take , brave souls , in battails won , than in restoring those that are vndone : tygers have courage , and the rugged bare , but man alone can , whom he conquers spare ; to pardon willing , and to punish loth , you strike with one hand , but you heal with both ; lifting up all that prostrate lye , you grieve you cannot make the dead again to live : whilst your arms make your stubborn foes to fall , your gracious favours needs must conquer all . what you have done already is well known , and we with humblest gratitude must own ; when in your royal robes , you lately went to meet your kind and dutious parliament , ( that healing senate , which all storms can calme , and cure the nation with its acts of balme : ) blessings and pray'rs were sent to heav'n aloud , by ev'ry member of the gazeing croud : no sooner that illustrious body saw their dearest soveraign , but a loveing awe shines in each face , and with a greedy ear receives those oracles he utter'd there : their grateful duties streight the cause espouse , as highly just to make our lyon rouse : they thank his royal cares so much has done , and vote supplies for what there is to come . ah! blessed fruits ! such happy vnion brings , the loyalst subjects with the best of kings : subjects that to maintain this needful warr , freely will part with what he fain would spare : their publique purse they offer — let all go , rather then truckle to 'th encroaching foe : when our kings honour , and our countries good is touch'd , we value neither coyn nor blood : cursed be he , those sacred bonds that parts , " kings greatest treasures , are their subjects hearts : and there your majesty hath such a share , no earthly monarch may with you compare . but our weak muse begs pardon , that she dare i' th face of dazling majesty appear : she only ment , her own full ioys to sing , succeeding times , shall bays and olive bring to crown your head , whilst you in triumph ride o're vanquisht nations , and the sea beside : whilst all the neighbouring states shall unto you , like iosephs sheaves , pay reverence , and bowe . iter boreale . finis . mr. glyn, his speech in parliament, vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney, for advising and drawing the accusation of high treason against the six worthy members of the house of commons. february . an. dom. glynne, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. glyn, his speech in parliament, vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney, for advising and drawing the accusation of high treason against the six worthy members of the house of commons. february . an. dom. glynne, john, sir, - . [ ] p. printed for iohn hammond, london : . reproduction of the original in the british library. eng herbert, edward, ?- . england and wales. -- parliament. -- house of commons. speeches, addresses, etc., english -- early works to . treason -- england -- early works to . great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ ). civilwar no mr. glyn, his speech in parliament,: vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney, for glynne, john, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. glyn , his speech in parliament , vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney , for advising and drawing the accusation of high treason against the six worthy members of the house of commons . february . an. dom. . london , printed for iohn hammond . . mr. glyn , his speech in parliament : vpon the reading the accusation of the house of commons , against mr. herbert , the kings attorney , for advising , and drawing the accusation of high treason against the . worthy members of the house of commons . february the eighteenth , an. dom. . mr. speaker , the subtilty and policy of man corrupted , and for evill actions , in danger of punishment , is alwayes working , although by the destruction of the vertuous and innocent , to free and cleere himselfe ; the actions and indeavors of the good man and the bad are alwayes opposite , the good man practiseth to defend vertue and piety , bring to deserved punishment , the vitious and malignant , out of duty to god , his king and country . the wicked man strives to defend himselfe and vices to the dishonour of god , the destruction of his true religion , of his king and country , if opposite to his designes ; we have had the experience of the evils and great troubles that have beene raised in this state , by ill instruments , men of power and authority in the same ; and not onely of open and publicke misdoers , but of private disaffected spirits , whose outward carriage hath procured to themselves great esteeme and respect in their countrey ; hay , so well have they been approved of , that their countrey hath intrusted them with their estates and priviledges , as electing them members of this high court of parliament , wherein also for a long time they have discharged their duties to their king and countrey ; nay , and obtained the generall estimation and respect of all men , as worthy members of the common-wealth ; but their hearts agreeing not with their outward carriage , being not upright and perfect , have at last shewed themselves in their owne colours , and brought to themselves shame and dishonour . this gentleman now accused by this honourable house , had the honour to be a member of the parliament , and so well esteemed by his maiesty , that hee was entertained his atturney generall ; which had he beene contented withall , and not been ambitious or malicious , which of the two i am not able to distinguish was his errour , or whether he is guilty of both : however , it is cleare , his heart was not right in discharging his duty in that great place committed to him ; and as hee was a member of the parliament , had he been faithfull to his king and countrey , he would never have undertaken this enterprise , to presume to advise his maiesty to accuse the members of this house of high treason , and draw himselfe their accusation . mr. speaker , his offence is of a high nature , of dangerous consequence , a manifest breach of the priviledges of parliament , an apparant treachery against the persons of those worthy members ; and consequently an offence against the whol state , deserving great punishment for the same . by this he hath made himselfe guilty of the same misdemeanours that other delinquents are impeached and accused for , not inferiour to them in this crime . this his practice and designe was a great offence against his sacred maiesty himself , in seeking to worke an evill opinion in his maiesty of his parliament , and their proceedings in the great affaires both of church , and state . this discouraged and dis-heartned the parliament to proceed in any businesse for the good and honour of their king and countrey , when they perceive that all their endeavours and dutifull actions are not well accepted by his maiesty , but ill thought of . this might prove a cause to alienate the hearts of king and people one from another . this hath caused all the trouble and distraction in this state , ill counsell . mr. speaker , i humbly desire that this accusation may be perfected , and that we may proceed to voting him upon the same , as by this honorable house hee shall be found guilty , and with all convenient expedition that may be presented to the lords , and that hee may proceed with cheerfulnesse to settle all disorders in this kingdome , both in church and state , redresse all grievances of his maiesties good subiects , expedite our indeavors for a timely reliefe of ireland , and bring all delinquents in this common ▪ wealth to deserved punishment for their many misdemeanors , and dangerous crime by them committed , and the establishing such a forme of government , and dicipline ecclesiasticall , in the church , for the true worshipping of god , as may be agreeable to his word and verity . finis . an essay concerning the laws of nations, and the rights of soveraigns with an account of what was said at the council-board by the civilians upon the question, whether their majesties subjects taken at sea acting by the late king's commission, might not be looked on as pirates? : with reflections upon the arguments of sir t.p. and dr. ol / by mat. tindall ... tindal, matthew, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an essay concerning the laws of nations, and the rights of soveraigns with an account of what was said at the council-board by the civilians upon the question, whether their majesties subjects taken at sea acting by the late king's commission, might not be looked on as pirates? : with reflections upon the arguments of sir t.p. and dr. ol / by mat. tindall ... tindal, matthew, ?- . [ ], p. printed for richard baldwin ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion an essay concerning the laws of nations , and the rights of soveraigns . with an account of what was said at the council-board by the civilians upon the question , whether their majesties subjects taken at sea acting by the late king's commission , might not be looked on as pirates ? with reflections upon the arguments of sir t. p. and dr. ol. by mat. tindall , doctor of laws . london , printed for richard baldwin near the oxford-arms in warwick-lane , . an essay concerning the laws of nations , and the rights of soveraigns . the malice of the jacobites is so restless , that it omits no opportunity to raise stories , though never so false and improbable ; scruples at no means , tho never so base and dishonourable , to reflect upon and expose the government . what have they not said against it , for designing to try as pirates those who accepted commissions from the late king , to take the ships and goods of their majesties liege subjects ? so strangely afraid are they , that people should be discouraged from disturbing the trade and commerce of the nation . and to make what they report the more colourable , and the injustice of trying them ( contrary , as they say , to the known laws of nations ) apparent , they have every where dispersed false accounts of what was said by those civilians , who , when consulted by the privy council upon this question , whether their majesties subjects taken at sea , acting by the late king's commission , might not be looked on as pirates ? were of opinion , that by the laws of nations they ought to be so . whose reasons ( besides all the dirt imaginable that they have thrown on their persons ) they have so represented , by altering , or leaving out what was most material , as to make them appear ridiculous . the duty i owe to the publick , since no better pen has attempted it , will oblige me to give an impartial account of the whole proceeding ; which will be sufficient to wipe off all the lies and calumnies they have dispersed , and to perswade all impartial persons , that those who were taken acting by the late king's commission at sea , ought by the law of nations to be condemn'd as pirates . but that the reader may better apprehend and judge of the reasons that were urged on both sides , and of the question it self ; it will be necessary to shew , what the law● of nations are , and how far kings and other supream governours are concerned in them . the laws of nations are certain rules and customs observed by nations in their entercourse with one another ; which upon the account of their evident and common profit , as they are necessary for their maintaining a mutual correspondence , have been constantly practised by them , and are esteemed as sacred . they are built upon no other foundation than the general good of societies , to which a mutual correspondence , that could not be upheld but by observing these rules , is highly necessary . the several legislative powers of nations never enacted such laws ; nor have all other nations authority to oblige any sovereign independent state , which can no otherwise be bound to observe these rules , but as they tend to the mutual good of societies . so that the law of nations and nature , is in effect the same . the law of nature ( i mean that part of it which concerns the duty of man to man ) is nothing else but that mutual aid and assistance , which by reason of their common necessities one man owes to another , without the observance of which mankind could not well subsist . which law , as it respects the duty of single persons to one another , is call'd the law of nature ; but as it respects men collectively as they are bodies politick , and the relation they have to one another as such , is called the law of nations ; who in respect of one another are in the state of nature , and in their mutual correspondence , are bound by no other laws but those of nature . though it is generally affirmed by authors , that there are many things which are meerly positive , and in themselves indifferent , that are part of the law of nations ; yet they no way endeavour to prove it , or pretend to show how long any thing must be practised , or among how many nations , to make it an universal standing law to all nations . in a civil society , customs grow into laws , because it is the will of the supream powers they should . customs are their presumed or unwritten will , which they by their express will may alter as they please . but amongst different nations , there is no common legislative power ; but every nation is at liberty to act as it pleases . nor can any nation be presumed to tie it self up further than their own , or the common good of societies do require it : nor can they by any customs , though of never so long continuance , if they are in their nature indifferent , be any longer bound than they please ; provided they publickly declare , that as they intend not to use them any longer themselves , so they leave others the same liberty . a nation , it is true , ought not lightly to change what they have generally practised , it looks like affecting singularity , and being as it were out of the fashion ; but if they do , they break no law. but i dare be positive , that there is no custom , except what is obligatory by the law of nature , that is universally received ; but in different parts of the world different customs have obtained , and even among the same nations at different times different practices , which are frequently changed , without any violation of the law of nature : and there is nothing meerly positive , but where precedents may be brought on both sides , which sheweth the thing may , or may not be done , without injury to the law of nations . among the heads of the positive law of nations , that concerning ambassadors is reckoned one of the chiefest ; yet what is more different than the customs of nations , or the opinions of learned men about those rights that belong to ambassadors , further than they are deducible from the law of nature ? by which law the persons of ambassadors ought to be inviolable , even when sent to enemies ; because peace could not be made , or preserved , or differences composed , which the law of nature requireth should be done , except those that are sent on such errands , should not only be safe , but also be permitted to treat with freedom , and procure as advantageous terms as they can , for the interest of the nation that imployeth them : what is more than this , or is not necessary for the ends they are sent , any prince may refuse it them , provided he be willing his ambassadors should be treated after the same manner ; and not only to ambassadors of soveraign princes , but to any that are sent by private persons , ( as by merchants upon the account of trade ) if princes will admit them to treat , they must allow them what is necessary in order to it . and further than this , nothing of certainty can be drawn from the practice of nations . nay grotius , who is the great asserter of the positive law of nations , in his chapter de legationum jure , saith , that even this question , whether the persons of ambassadors are inviolable ? cannot be determined by the practice of nations ; de non violandis legatis difficilior est quaestio & variè & a claris hujus seculi ingeniis jactata , &c. and at last concludes , spectandum ergo quousque gentes consenserint , quod ex solis exemplis evinci non potest , extant satis multa in partem utramque recurrendum igitur tum ad sapientum judicia tum ad conjecturas . where nations have neither expresly declared , nor are there examples enough whereon to found their tacit consent , there can be no obligation from the practice of nations , but from the matter it self , as it is conducive to the good of societies ; upon which alone the judgment of wise men , as well as all other conjectures , must be founded . what looks more like the positive law of nations , than that general custom of princes having persons of publick characters perpetually resident in one anothers kingdoms ? yet grotius saith in the foregoing § . optimo autem jure possunt rejici quae nunc in usu sunt legationes assiduae , quibus quam non sit opus docet mos antiquus cui illae ignotae . to give but one instance more , and that too out of grotius , who does not pretend to prove any thing from the voluntary law of nations concerning this most comprehensive question . quantum in bello liceat , but has wholly recourse to the law of nature ; lib. . chap. . quantum in bello liceat regulae generales ex jure naturae . and § . . quid liceat in eos qui hostes non sunt aut dici nolunt , sed hostibus res aliquas subministrant ? nam & olim & nuper acritèr de ea re certatum scimus , alii belli rigorem alii commerciorum libertatem defenderint , &c. and adds , hanc autem quaestionem ad jus naturae ideo retulimus , quia ex historiis nihil comperire potuimus eâ de re jure voluntario gentium esse constitutum . if in these material points , which constitute so great a part of the law of nations , nothing that is meerly positive can be deduced from the tacit consent of nations , it is very unlikely that any thing of that nature can be proved in points of less importance . from each of which points , examples , had it been necessary , might as easily have been produced ? nothing can more diminish from the sacredness of the law of nations , than to allow it no other foundation than the practice of the generality of soveraigns ; who , like other men , are governed by passion , interest , ambition , revenge , and the like ; and who are so far from minding the general good of mankind , that they very often sacrifice the happiness and prosperity of their own nation to these passions . how many things are now looked on as lawful in war , and daily practised , which are against all humanity as well as christianity ; which in former ages were by several nations esteemed a violation of the laws of nations ? there is no subject , about which there are more mistakes , or which is more confusedly handled by authors , than this of the law of nations ; they referring many things to that law , which are no part of it : even grotius himself , who has writ the most accurately on this subject , besides other lesser errors , has a whole chapter de jure sepulturae , as a part of the voluntary law of nations . the burying of the dead is , i confess , an office of humanity , and a matter of decency ; but i can see no reason why it should be reckoned as a part of the voluntary law of nations , more than wearing of clothes , or twenty other things mankind generally do , either out of necessity , or conveniency , or for other reasons than the voluntary law of nations , or upon the account of any tacit agreement between them . several err more grosly , mistaking those privileges which the roman law allowed to foreigners in common with their citizens , for the law of nations , only because the romans call'd them jus gentium , to distinguish them from those particular privileges or advantages the citizens had above them , which they called jus civile : what they called the jus gentium , was as much a part of the law of that nation , as the jus civile ; which no other nation was obliged to observe , but might allow more or less privileges to foreigners or citizens as they thought fit . others ( which mistake is most common ) call that the law of nations , which is the law of nature properly so termed , and relates to particular persons , with respect to one another ; or else they mistake the laws of different c●untries , when they happen to be the same , for a part of the law of nations ; which though they be the same in several nations , yet they have not their force and authority from any tacit compact , but because the supream powers in each society have made them laws , which any one of them may alter without any violation of the laws of nations ; because every nation is a compleat body-politick within it self , and may make what laws , appoint what government or governors , and manage their own affairs within themselves as they think fit . the laws of nations relate to their mutual commerce and correspondence , which cannot be maintained but by having recourse to those who have the power of making peace and war , and all other contracts for the nations they represent ; whose acts are the acts of the whole bodies , and bind the members as much as if each particular person had consented . it is upon the account of the power of making these contracts , that the governors of each society are allowed above all others certain prerogatives by other nations , over whom they have no authority , who are no otherwise or further concerned with them , but as they have the power of making contracts for the nations they rule . as it is for their own interest that private men make bargains with one another , so ( as i have observed in another essay concerning obedience , &c. ) the correspondence that one nation holds with another is for their own good ; and in their commerce with one another , they look no further than who those persons are that have the power of obliging the nation they have occasion to make use of . it is not material to them what right they have to this power ; it is sufficient that the nation then owns them , and have entrusted them with it . it would be an endless , as well as a useless task , for ambassadors before their admission to prove the just rights their masters have to those powers they are possessed of : and other princes may well be ignorant of what does not concern them ; who , if they have occasion to treat with any other nation , must apply themselves to those ( whatever right they have to it ) that are in possession of the government . would it not be ridiculous in the english , or any nation , who propose any advantage to themselves by it , to refuse to treat with the present emperor of the turks , and to allow him those rights that belong to soveraign princes , because his deposed brother may have a better title ? did not the most considerable nations of europe court the friendship of cromwell ; and the french king to obtain it , oblige the two late kings , then in his country , to retire from it , without being condemned by others , or even by them ? and did not all nations with whom the late protector had any concern , allow him both in matters of peace and war , all those rights that belong to sovereign princes . no prince is obliged to hold correspondence , but may refuse to send or receive ambassadors ; as all protestant princes deny to hold any correspondence with the pope , though he is a sovereign prince : yet if one nation has any concern with another , they must allow the same rights and privileges to the actual governor of that nation , as they expect should be payed to their own . and if a nation be divided , by a part of them withdrawing their obedience from the rightful prince , not only other soveraigns , but even their lawful one , if he has occasion to treat with them either in matters of peace or war , must treat them after the same manner , as he expects to be dealt with himself . all leagues and treaties are national ; and where they are not to expire within a shorter time , though made with usurpers , will oblige legal princes , if they succeed , and so vice versa : and a league made with a king of any nation , will oblige that nation , if they continue free , though the government should be changed to a common-wealth , because the nation is still the same , though under different governments . which grotius observeth , lib. . cap. . imo etiamsi status civitatis in regnum mutetur , manebit foedus , quia manet idem corpus etsi mutato capite , & ut supra diximus , imperium quod per regem exercetur , non desinet imperium esse populi : in whosoever hands they entrust the management of it , yet still it is the imperium populi , the empire of the people . the leagues which princes make with one another do not oblige them to one another , longer than they are in possession of their governments ; because the sole reason of leagues and contracts is upon the account of the power each nation has to afford mutual assistance and benefit to one another ; which reason still continues , though the person who was entrusted with the power of making them be changed ; who then is no further concerned therein , than a proctor is with a cause after the revocation of his proxy . upon this reason king charles the first , though he made a league , and confirmed it with an oath , with the king of spain expresly as he was king of portugal , did notwithstanding immediately after receive two ambassadors from the new king of portugal , who had driven out the spaniard ; and this was not looked on at the court of spain , either as breaking his league or oath . all the rights and privileges princes are allowed by foreign nations , over whom they have no manner of authority , is upon the account of the power they have of making contracts for the nation they govern ; which power when they lose , and no nation is any longer obliged or concerned in their actions , they have no more right to these privileges than they had before they had this power . but because the same intercourse will always be necessary between nations , and leagues and contracts must be made , which cannot be made with the whole body , but only with those who have the supream power , nor with them neither , except they be allowed those rights and privileges the dispossessed princes had ; therefore there is an absolute necessity of granting them the same ; and the others must lose them with their dominions , because more than one at the same time cannot have the same right , for the same nation . and though the king of that country , to which a dispossessed prince retires , allows him what honours or privileges he pleaseth , as every supreme power is at liberty to act in his own dominions as he has a mind to , and bestow his favours as he thinks fit ; yet the titular prince has no right by the law of nations to claim any of those privileges that belong to those that have summum imperium , or any more than what belong to other private persons . what right can he claim by the law of nations , when no nations are any way concerned in his actions ? all nations , but his own , distinguished him from others , upon no other account , but as he had the power of making national contracts . which power when he loseth , the reason of allowing him any particular privileges above others , wholly ceaseth . and his own nation , when they have entrusted the management of their affairs in other hands , are no more concerned with him than foreigners are ; so that such a prince is wholly reduced to a private estate , without a kingdom , nay without a country that he can call his own , and at the best can be but esteemed a subject , during his stay , to the government of that society he retires to , because there cannot be imperium in imperio , or more than one soveraign in the same society . where he is so far from having a power of making peace or war , or any other national contracts , that he cannot without leave send to princes , or receive any sent by them , much less allow them that are sent those privileges which are due to persons of a publick character : and it would be unreasonable that soveraigns should be obliged to allow those privileges to him , who is uncapable of returning the same . and it is evident , that soveraigns have none of those reasons to forbear exercising a coercive power over him , as they have over an ambassador who , as grotius saith , cap. de leg . if he commits crimen atrocius , & ad publicum malum spectans , mittendus erit ad eum qui misit , cum postulato ut eum puniat , aut deda● . but to whom can a dispossessed king be sent , or who will give satisfaction for any crime he commits ? why may he not be punished without violation of the laws of nations , or injury to any nation whatever , since no nation owns him so much as to be of their body ? therefore the king in whose dominions he is , may , if his crime deserve it , punish him with loss of life , as queen elizabeth of blessed memory , did mary queen of scotland . there is no reason in nature , either from other nations , or from the person himself , why he may not be punished by that government under which he lives , as well as any other that makes use of the protection of it . for whosoever makes use of the protection of any government , owns himself ( as i think i have sufficiently proved in my essay above-mentioned ) a subject of that government , and consequently makes himself liable to be punished if he transgress the laws . and grotius saith , cap. de leg . it is the law of nations that all , but ambassadors , are subjects to the prince in whose territories they are . his words are clear , placuisse gentibus ut communis mos qui quemvis in alieno territorio existantem ejus loci territorio subjicit , exceptionem pateretur in legatis , ut qui sicut fictione quadam habentur pro personis mittentium ( senatus faciem secum ●ttulerat , auctoritatem reipublicae , ait de legato quodam m. tullius ) ita etiam fictione simili constituerentur quasi extra territorium : it is only their mutual good that hinders princes from exercising this right over ambassadors , because each prince expects the same for his own in another's territories ; but there can be no such reason urged in favour of a dispossessed king , who carries no publick authority with him ; or in what other country shall he be supposed to be in , since he has no country he can call his own ? having proved in general , that a prince that has no longer the managing the affairs of a nation , has no right to any of those privileges that belong to them that have summum imperium ; and therefore such a prince being fallen from a publick to a private condition , and under the power and government of another , can have no more right than any other private person to grant commissions to private men of war to disturb the trade and commerce of any nation ; and that they that act by his commission may be dealt with , as if they acted by their own , or the authority of any private person ; because there is no manner of inconvenience which will happen upon a private person 's granting such commissions , but the same will happen , if a prince grants them after he is reduced to a private condition , they being both then in the very same condition . what other way have nations to secure their trade , or hinder their ships or goods from being taken , but by treating them as pirates who rob by such a commission ? there is no way of making a titular king weary of granting such commissions , as long as he can find people willing to accept and act by them . nothing can oblige him , who runs no risque of losing any thing , but may get a considerable booty by what his privateers take , as well as disturb and molest his enemies , to forbear granting such commissions . no reprisals to be made , because he has no ships to lose but those of the privateers , whose interest it is that such robberies should be continued . he has no trade or commerce to be ruined . there is no way of making him desist by invading his territories , since he has none to be invaded . in short , he has nothing to lose by sea or land , and by consequence no way of making him weary of eternally granting such commissions . therefore nations have no other way to hinder the disturbing their commerce , but by using the utmost rigor against such as accept his commissions , that by the terror of the example they may fright others from attempting the like . what if such a prince should grant commissions to seize the ships and goods of all or most trading nations ; which may easily be supposed , since he may get a considerable livelihood by sharing the spoil with his privateers ; who if they were to be treated as enemies , out of hope of booty , would in mighty numbers infest the seas . would it not be madness in those nations not to make use of the utmost rigor to secure their ships and trade ? and if several nations may use this method , why may not any single one , since any one nation has the same right to secure their trade , as any number whatever ? but supposing he should grant commissions to take the ships but of a single nation , yet in effect it would be to grant a general licence to rob ; because those who are so commissioned , would be their own judges of whatever they took ▪ whether it were lawful prize or not ; because in another princes territories whither the pretended prizes must be brought , the ousted prince could not pretend to so great a power , as to erect a court of judicature to judg according to the maritime laws , concerning the ships and goods that are taken : how can he whose very being in a country is precarious , and may be banished every moment , claim a right to a power of life and death , or to force witnesses to give attendance , and all other things that are necessary for such a court ? or how can he be able to restore ships , though never so unjustly taken , that are in the ports and custody of another king ? it is true , soveraigns have sometimes forborn to punish a titular king for privately destroying a domestick ; but this is no right he can pretend to by the law of nations , but only by the permission of that king in whose dominions he is . it was usual for the supreme powers in many nations to allow masters a power of life and death over their servants ; insomuch that caius inst. lege de his qui sui juris vel alieni , saith , dominorum potestas juris gentium est , nam apud omnes peraeque gentes animadvertere possumus dominis in servos vitae necisque potestatem fuisse . and by the roman and carthaginian laws , even parents had the same power over their children ; and in several countries at present a private person in many cases , particularly that of adultery , may kill the adulterer and his wife too , if he takes them in the fact , without being punished for so doing . the ambassadors of sovereign princes , as grotius observes , l. . cap. . have by the law of nations no right to exercise jurisdiction in their own families ; ipse autem legatus an jurisdictionem habeat in familiam suam , & an jus asyli in domo sua pro quibusvis eo fugientibus , ex concessione pendet ejus apud quem agit ? istud juris gentium non est . if the ambassadors of sovereign princes ( who , as he saith , fictione quadam habentur pro personis mittentium ) cannot pretend to this power , there is infinitely less reason for a dispossessed king to claim a power that is so much greater , viz. that of erecting publick courts of judicature . therefore his granting commission to privateers , is but granting them authority to rob whom they have a mind to ; who being judges in their own cause , cannot be supposed , but will judge all that comes to their net to be fish : and nations have no reason to take notice of his commission , which can have no manner of effect ; since he that grants it , is no ways able to hinder them that take it , from acting as they have a mind to ; nor is he able to punish them , if they never so much exceed the bounds of it ; nor can he restore ships , though never so unjustly taken ; nor is he able to give any satisfaction for any injustice his privateers shall commit . so that it is evident it is against the good of mankind , and consequently the law of nations , to allow a prince that is reduced to a private condition , a right to grant such commissions . but it may be said , that the government under which this king is , may give him sufficient power to judge in these matters . this argument will as well hold for any private person whatever , because the government may allow him the same power as it can any exiled prince . the laws of nations are built upon certainties : and if a person has no right to a power , to which certain privileges are annexed , he has no right to the privileges , though it were possible that a king may allow him such privileges , which he can enjoy but during his pleasure ; and other nations , as they are presumed to be ignorant of this , so are not obliged to take notice of it : nor can there be any instance , where a dispossessed prince was allowed to erect a court of judicature in another king's dominion ; it is erecting imperium in imperio , and none but he that has supream power , can be a supreme judge , and all inferior ones act as his ministers , and must be subject and accountable to him . perhaps it may be said , the king himself , into whose dominions the prizes are brought , may judge concerning them . but what if he will not ? he is not obliged , nor can he have a right to judge or punish those that acted , not by his , but another king's commission for what they did super altum mare ; for he cannot have a right to punish them , except they are his subjects , even whilst they acted by another's commission : and the same reason that makes them his subjects , will make the exiled king so too ; and consequently a private person , without power to grant commissions to his fellow-subjects . all authors both modern and ancient who have written on this subject , have esteemed none enemies but those that have summum imperium , and all others either robbers , or pirates . and albericus gentilis , l. . de jure belli & pacis , cap. . and grotius , l. . cap. . do define an enemy to be one , qui habet rempublicam , curiam , aerarium , consensum & concordiam civium & rationem aliquam , si res ita tulerit , pacis & foederis : which in other words is but summum imperium , because the supreme power in any society must have all these . and this they prove was looked on as the definition of an enemy , even in cicero's time , who quotes it , philip. . as a known definition or description of an enemy . and i believe there is nothing in which nations so unanimously agree , as in esteeming none but him that has summum imperium an enemy , and all others robbers or pirates ; and there can be no instance given , where any though at first they were robbers , pirates , rebels , &c. yet when they had dominions , and possessed summum imperium , were not treated as enemies . st. austin de civ . dei , l. . c. . speaking of robbers , hoc malum si in tantum perditorum hominum accessibus crescit , ut & loca teneat , sedes constituat , civitates occupet , populos subjuget , regni nomen assumet . and the beginning of most of the great empires were not much better : whatever any were at first , yet when they had formed themselves into civil societies , where foreigners as well as subjects might have justice administred , then they were looked on as nations and civil societies ; and in their wars with other nations , used as enemies . but until any number of men were a civil society , and did associate for the sake of laws , justice , government , &c. they were esteemed as pirates and robbers : so all authors do agree , that those , qui civitatem non faciunt sunt piratae vel latrones ; and are supposed to associate scéleris causa , for the sake of piracy or robbery , or some other wicked end . but if , as grotius observes , l. . c. . a change happen , and they form themselves into a civil society , then they have all the rights that belong to other civil societies , his words are these , potest tamen mutatio incidere non in singulis tantum , sicut iephtes , arsaces , viriatus , ex praedonum ducibus justi duces facti sunt , sed etiam in caetibus , ut qui praedones tantum fuerint aliud vitae genus amplexi , civitas fiant . so of later years argiers , tripoly , tunis , though at first but nests of pirates , and associated for the sake of spoil and plunder , yet as soon as each of them had the face of a republick , they were esteemed as just enemies , and had all those privileges allowed them that are due to sovereign states . albericus gentilis , l. . c. . seems to be of another opinion ; and after he has reckoned some few whom he is forced to allow , that they from robbers became enemies , saith , it was only the cause that made them so . quodque fiet non tam justi exercitus auctu , & urbium interceptu , ut scriptores isti , & alii historici credere videntur , quam adeptione publicae causae . however he is of this opinion himself , yet he is forced to confess , that all the antient historians and other writers were of a different opinion . if he mean by a publick cause , a just cause of war , and none but those that have such a cause should be treated as enemies , all mankind would treat one another as robbers and pirates ; because each party pretend their enemies have no just cause of war , and there being no superior to judge , each side must judge for themselves ; and where there is no common judge , in which both sides will acquiesce , the pretence of right can be urged to no purpose , since each side pretends to be in the right : so that there is a necessity for those that have summum imperium , whatever the cause of the war be , to use one another as enemies ; and those that have acted otherwise , have been esteemed by the rest of mankind as infringers of the law of nations . it is true , some , especially the great conquerors , as alexander , and the saracens , as he observeth , have been called robbers , and really were so ; for whoever without a just cause , invadeth his neighbours rights , as they did , is a robber ; yet they were always treated as just enemies , as were the saracens by the christians . nay , grotius gives instances of several nations , who without any distinction exercised piracy , yet were allowed the rights of enemies , because they were a people : tantum discrimen est inter populum , quantumvis sceleratum , & inter eos , qui cum populus non sunt , sceleris causa coeunt . if gentilis by a publick cause , means some national cause , and that the war , to make it just , must not be for private causes or by-ends , but for the sake of the people ; all that have summum imperium , what way soever they get it , as it is their duty to protect those that are under them , and make war with those that endeavour to oppress them , will have the same publick causes of making war as any kings whatever . as arsaces whom he mentions to have a publick cause , had none to withdraw his obedience from the macedonians , who had been so long time lawful kings of persia ; yet after he had made himself master of persia , might have a publick cause , upon the account of that nation , of making war. the same may be said of all other usurpers . as robbers and pirates become just enemies , when they form themselves into a civil society ; so a king that loseth his empire , and can no longer protect people , or administer justice , dwindles into a robber or pirate , if he grants commissions to take the goods or ships of any nation ; and they that accept commission from him , are presumed to associate sceleris causa , and cannot be reckon'd as members of a civil society ; since he by whose commission they act , nor any other of their number , can administer justice , or do any of those things that are essential to a civil society : there is none amongst them , let them break the laws of nations , or any other laws to punish them ; or let them be never so injurious to other nations , there is none to make satisfaction or do justice on the offenders ; and is there not all the reason in the world , that nations should do themselves justice in punishing the criminals according to their demerits ? whoever pretends to the dignity of being esteemed an enemy , must have a power of making peace and war ; hostes sunt , ait sempronius , qui nobis aut quibus nos bellum decernimus . so vlpianus ; hostes sunt quibus bellum publice populus romanus decrevit vel ipsi populo romano , caeteri latrunculi vel praedones appellantur . and grotius saith upon quoting these authorities , lib. . cap. . sub exemplo populi romani quemvis intelligi qui in civitate summum imperium habeat : there is no government declareth war against a private person , though he retains the title of a publick one ; and it would be ridiculous for a private person that has no certain habitation , but is in a manner a vagabond , to pretend to declare war , since he cannot do it for any nation , but only for himself . the english have neither peace nor war with the late king , and look on him as a private person incapable of making either ; and to allow him now any of those rights that belong to publick persons , would be in a manner acting inconsistent with themselves , and contradicting their former declarations . as he that is reduced to a private condition , has no right by the law of nations to be treated as an enemy ; so on the contrary , whosoever has summum imperium , because the general good of nations requires it , and consequently it is a part of the law of nations , must have a right to be treated as an enemy ; nay , it is the interest of the adverse party , flagrante bello , to treat even rebels so ; because as they use them , so they must expect to be used themselves . the pretence of right ( as i have already said ) where there is no superior to judg between the contending parties , in whose determination both sides will acquiesce , is to no purpose . if one side call the other's taking up arms rebellion , they on the other hand term it a just war in defence of their rights and privileges ; and will be sure upon all occasions to return like for like : so that it is plain , it is the mutual good of both parties to treat one another as enemies . so in the civil wars of england and of france , and of the romans , they treated one another as enemies . it is true , that in the civil wars of the romans , there was not as in foreign wars , any use of the postliminium ; nor did they triumph after victory . but these were customs proper to that state , and no part of the law of nations . in the beginning of the civil wars in the low-countries , the haughty spaniard at first used the hollanders as rebels , but he quickly was weary of that sport , and consented to a chartel . for the same reason , the present government , during the war , treated their rebellious subjects in ireland after the same manner : for as long as they had an army in the field , and were masters of fortified towns , they were esteemed and used as enemies : but what pretence can any of that party have of being treated so now ? would it not be very absurd in the tories , though they plundred passengers , and robbed market-people by the late king's commission , to expect to be used as enemies ? is there any more reason they should be more favourably dealt with for robbing at sea by his commission , considering they have no fleet , no ports , nor harbors ? but it may be urged in behalf of those that have the late king's commission , that they ought to be used as enemies , because if they are used otherwise , all that they take must expect to be dealt with accordingly . answ. the same argument will hold for all other pirates and robbers , who may use all that fall into their hands , as they themselves are used ; and the consequence of granting them such usage would be , that the seas would quickly be full of pirates , and the land of robbers . if it were for their interest , there 's no doubt pirates would serve all they take so ; but they know if they did , they should not only miss of the booty they might otherwise expect by peoples not being so much on their guard , but that most effectual means would be taken to extirpate them . but if it should happen to be against the publick good ( of which the government is the judg ) to punish them as pirates , there is no doubt but they ought to be dealt with more mildly ; so all other criminals ought to be spared , when it is against the publick good to punish them . obj. it may be said , if a king is unjustly deposed , he has still a right to his kingdom , and consequently to all that is in order to recover it . answ. all nations , except his own , allowed him these privileges and rights upon no other account , but as all business of peace and war , and commerce , that concerned his nation , was managed by him : what his right was to that power , that depended upon the laws of his country , with which they were no way concerned ; therefore when he lost that power , he with it lost all the right he had of claiming from them any privileges above other persons , and consequently his pretence of right can be no argument for them not to treat his privateers as pirates . as for his own nation , they have already adjudged he has no right to command them , and have placed the administration of their affairs in other hands : so that the argument drawn from a pretended right that is not owned by the nation that deposed him , can signify nothing either to foreigners , or to them who have then the same reason , as all other nations , to condemn as pirates all that act by his commission . in short , let a prince's right be what it will , if the utmost of his power extends only to the giving commissions to a few people , whom he can persuade to set out vessels at their own charge , to disturb the trade of a nation ; which can only tend to exasperate and vex them ; that cannot , in common understanding , be reputed a just design to recover his kingdom , or to conquer his enemies ; but only a pretence to let those people that act by his commission , inrich themselves by exercising piracy ; which is such an odious thing , that nations cannot be too careful in punishing whatever tends that way . besides , the laws of nations respect the general good of societies more than the right of any particular person ; who , to speak properly , can have no right when it is inconsistent with the good of the society , because a particular must always give place to a general good ; and the interest of a king , when he has no longer the management of the affairs of any nation , is no more sacred than that of any other private person , who by nature is his equal : it was only the office which is sacred , because it is so necessary for the good of mankind , that made the difference : which when he is no longer possessed of , he is but upon the same level with the rest of mankind ; and then the peace and quiet , or trade and commerce of a nation ought not to be disturbed more for his , than any other particular person 's interest . and people , who have a right even to the lives of their enemies , use them , when the mutual good of societies do not forbid it , after the same manner as they do pirates and robbers ; and they use all spies , and those that privately attempt the lives of their enemies , whatever right the prince has that employs them , as pirates ; the pretence of his right who employs them , will be no manner of plea to prevent their execution : and the same reason , the good of societies , does more strongly require the putting those to death that rob by the commission of any private person whatever . besides these reasons , which i think are sufficient to prove them who were taken acting by the late king's commission , pirates , there is another unanswerable one , from the persons who accepted the commission : who being their majesties subjects , ( and which the question that was put to the civilians justly supposeth ) were morally incapable to receive such a commission ; it was not in their power to take a commission from any king whatever to invade , in a hostile manner , the ships and goods of their fellow-subjects . the accepting the commission was treason , and no commission whatever can authorize people to commit treason ; so that the commission was null and void as well upon their account that received it , as his that granted it . these reasons , or at least what is most material in them , the heads of them ( i will not pretend they were then as fully and largely handled as they are here set down ) were urged either by dr. littleton or my self : he did not , upon a question where so much could be said , leave out , as it were on purpose , what was most material , nor did not , as the sham-account reports , only say , that the late king had no right to grant commissions , because he had no treasury or aerarium , and because there was no war between him and england , or somewhat to that effect : nor did i ( as the account will have it ) without offering at any reasons my self , assent to what he said , but not only then , but ( since i am in a manner forced to say so much ) when i gave my opinion in writing , i made use of what i thought most material in these arguments . it is a great sign of the weakness of their cause , as well as their disingenuity , that they dare not repeat the whole matter of fact ; but only relate so much of the other side , as they think may serve to give a better gloss to what they , without any respect to truth , have thought fit to divulge : but they were under a kind of necessity of so doing , ( and which is the only excuse the matter is capable of ) since they had no other way of making what they pretend was said by them appear tolerable , but by representing what was said by those of the contrary side ( if it were possible ) more absurd : and it is no wonder where people have neither law nor reason on their side , that they have recourse to lies and calumnies , the usual arts of that party , and the only props they have to support their so often baffled cause . but to return ; the occasion of sending for the civilians , after some of them that were consulted had given their opinions in writing , was , as the lords told sir t. p. and dr. ol. ( who had declared that they were not pirates , without offering to shew the least reason why they were of that mind ) to hear what reason they had to offer for their opinion . then sir t. p. said , it was impossible they should be pirates , for a pirate was hostis humani generis , but they were not enemies to all mankind , therefore they could not be pirates : upon which all smiled , and one of the lords asked him , whether there ever was any such thing as a pirate , if none could be a pirate but he that was actually in war with all mankind : to which he did not reply , but only repeated what he had said before . hostis humani generis , is neither a definition , or as much as a description of a pirat , but a rhetorical invective to shew the odiousness of that crime . as a man , who , tho he receives protection from a government , and has sworn to be true to it , yet acts against it as much as he dares , may be said to be an enemy to all governments , because he destroyeth , as far as in him lieth , all government and all order , by breaking all those ties and bonds that unite people in a civil society under any government : so a man that breaks the common rules of honesty and justice , which are essential to the well-being of mankind , by robbing but one nation , may justly be termed hostis humani generis ; and that nation has the same right to punish him , as if he had actually robbed all nations . doctor ol. said , that the late king , being once a king , had by the laws of nations a right to grant commissions ; and that though he had lost his kingdoms , he still retained a right to the privileges that belong to sovereign princes . it was asked him by one of the lords , whether he could produce an author of any credit , that did affirm , that he that had no kingdom , nor right to any , could grant commissions , or had a right to any of those privileges , that belong to sovereign princes ? and that no king would suffer those privileges to be paid to christina , when she ceased to be queen of sweedland ; and that it was the judgment of all the lawyers , that ever mentioned that point , that she had no right to them ; and he did hope , that those that had sworn to their present majesties , did not believe the late king had still a right : and that that point was already determined , and would not be suffered to be debated there . to which he answered , that king james was allowed very lately the rights of a king , and that those that acted by his commission in ireland were treated as enemies , and people that followed his fortune , might still suppose he had a right , which was enough to excuse them from being guilty of piracy . one of the lords then demanded of him , if any of their majesties subjects , by virtue of a commission from the late king should by force seize the goods of their fellow-subjects by land , whether that would excuse them from being guilty at least of robbery ? if it would not from robbery , why should it more excuse them from piracy ? to which he made no reply . then the lords asked sir t. p. and him , whether it were not treason in their majesties subjects , to accept a commission from the late king to act in a hostile manner against their own nation ? which they both owned it was , ( and sir t. p. has since , as i am informed , given it under his hand , that they are traitors . ) the lords further asked them , if the seizing the ships and goods of their majesties subjects were treason , why they would not allow it to be piracy ? because piracy was nothing else but seizing of ships and goods by no commission ; or what was all one , by a void or null one , and said that there could be no commission to commit treason , but what must be so : to which they had nothing to reply , only dr. ol. ( not by way of answer to one of the lords , who , as the jacobitish account supposeth , made use of it as an instance for the other side ) pretended to quote a precedent , which he said came up to the present case , about antonio king of portugal , who ( as he said ) after he had lost his kingdom , gave commissions to privateers to seize upon all spanish vessels , whom , as the spaniards met with , they hanged as pirates ; ( so far his precedent is against him ) but an author without naming him , was of opinion , as he said , that if antonio had ever been a rightful king , that then the spaniards ought not to have treated those , that acted by his commission , as pirates . this was all that was said by the doctor in behalf of the late king's privateers ; upon which i must beg leave to make a few reflections . as to those privileges which were allowed the late king in ireland , they were not allowed him upon the account of any right , nor was it an owning that he had any right to that kingdom , but barely as he was in possession ; for then he had rempublicam , curiam , &c. and consequently a right to be treated as an enemy ; and not only he , but whoever had been in possession would have had a right to have been used after the same manner , and is no more than what is practised in all civil wars , where there are just forces on either side . these privileges being allowed him when he was a publick person , and in possession of a kingdom , could be no just reason to induce any to imagine that they would be permitted him when he was reduced to a private condition ; much less is it such a presumption as is sufficient to excuse them , who acted by his commission , from suffering as pirates . the very taking a commission from him , after he was reduced to a private condition , to act against their own nation , was a demonstration that the government was no longer in his , but other hands , who could not reasonably be presumed would allow that he had still any right , or that they that acted by his commission should be dealt with as if he still had a right ; but that they should be used as if they acted by no commission , or what is all one , a null or invalid one . their pretending to believe he has still a right , is no more an excuse in the case of piracy , than of treason , which every traitor may pretend to . as to the story of antonio , the doctor is ( to suppose no worse ) abominably mistaken in the very foundation ; for they that suffered by the spaniards as pirates , were french , who had not their commissions from antonio , but from their own king , as albericus gentilis , who mentions this story , lib. . cap. . saith , at ipsa historia vincat eos non fuisse piratas , per literas quas regis sui ostendebant , cui regi serviebant , non antonio , etsi maxime pro antonio , quod illos non tangebat . and conestaggius , who is the historian he refers to , and who has given an excellent account of that war , saith it was the royal navy of france ( which is very improbable did act by any authority but that of the french king 's ) set out , as he words it , regiis sub auspiciis , with which the spanish fleet engaged , and had the good fortune , after a long and bloody fight , to rout it , and took above five hundred prisoners , of which almost the fifth part were persons of quality , whom the spanish admiral was resolved to sacrifice as pirates , because the french king , without declaring war , had sent them to the assistance of antonio : against which proceedings the officers of the spanish fleet murmured , and represented to their admiral , that they were not pirats , because they had the french king's commission ; but that they chiefly insisted on , was the ill consequence it would be to themselves , who , if they fell into the hands of the french , must expect the same usage . as to the french king 's assisting antonio without declaring war , they supposed , that before the sea fight , the two crowns might be said to be in a state of war , by reason of frequent engagements they had in the low-countries . this is the account conestaggius gives of it , which , how little it is to the purpose the doctor quoted it for , is so visible , that there is no need of any words to shew it . but granting ( as the doctor supposeth ) that antonio never had any right , or at least , the spaniards would never allow he had any , yet it is evident from the historian , that they allowed him , during possession , the same privileges as the late king had during the war in ireland : and if the spaniard , by the law of nations , after antonio was driven from his kingdom , might treat those that acted by his commission as pirates , why may not the english deal after the same manner with those that act by the late king's commission , since they look on him to be in the same condition as the spaniards did on antonio , without a kingdom , or right to one ? what difference can that make , that one had never a right , and the other , though he had once a right , has lost it ? these two civilians , i believe , are the only persons pretending to be lawyers , that are of opinion , that a king without a kingdom , or right to one , has by the law of nations a right to grant commissioners to privateers , especially if they are subjects ( as they have acknowledged it ) to that king , against whom , they by their commissions are to act . upon what account can such a person claim these privileges ? or for what reason should mankind pay them to him , more than to other private persons ? are these privileges like the charms , or indelible characters , the papists say , are inseparable from the persons of their priests ? which , whatever it be in ecclesiasticals , is no small bigotry and phanaticism in civil affairs . and it is the height of folly , madness and superstition , to believe that the people , who have entrusted some one amongst them with power for no other end but for protecting them , can upon no account whatever resume it . to speak somewhat against this notion , cannot be unseasonable or impertinent , because it is not only the foundation of these false notions which i endeavour to confute , but of almost all others that concern the rights of soveraigns . the only innate principle in man is to seek his own happiness , and consequently it is his duty to pursue it ; otherwise god would not have imprinted it so deeply on his mind , that it is impossible for him not to desire it : and it is the source of all his actions , and the foundation of his duty to god and to man ; there being no reason why a man should be obliged to do any thing , that no way promotes his happiness ; which , as to this life , considering his weakness and infirmities , he is not able to procure , without the aid and assistance of others ; which , as the only way to obtain , he ought to be as ready to assist them , and do by them as he expects they should do by him : and , as it is evident , the duty men owe to one another , tends to the happiness of each individual person , so the neglect of it would be to the loss and detriment of each particular : and the more any one is obliged , the more zealous he ought to be to make sutable returns ; because there is no vertue that more encourageth people to do good to one another , and consequently is more beneficial to man , than gratitude . and this is the reason of the duty that children , for the sake of their being and education , owe to their parents . the relation between parents and children , is called a natural relation , because it does not come by compact and agreement , as all others do , which men enter into for their own sakes ; and where-ever they oblige themselves to serve others , either by the labour of the mind or body , it is for some sutable return : and in all relations of life , there are reciprocal duties ; for the sake of which alone , men entred into them , and consequently designed to oblige themselves no longer to them , than they receive these returns . it is repugnant to that natural equality that is amongst men , that all should be due of one side and nothing of the other : in all relations the duties are conditional , and can oblige no longer than they are performed on both sides ; because each party would not have bound himself but for the sake of the return . where numbers enter into any relation with a single person , as when they engage to pay him obedience , there it is most evident that they would never part with their liberties , and give to a single person so great power over them , but for the sake of some sutable return ; which can be no other than the protection they receive by government , which was the sole motive , reason and design of their becoming subjects ; nor can they be presumed to intend any thing but their common good , nor to pay obedience upon any other terms or conditions , but for the protection they are to receive : nay , had it been possible for men to design it , they were morally incapable of binding themselves contrary to their common good and prosperity . though protection cannot be had without obedience , yet obedience is only the means , and in order to protection ; which is the end for which alone obedience is due ; and where that end cannot be had , all ties are absolutely broken . and this has been the sense and practice of mankind , who have always submitted to new governors when their old ones became uncapable to protect them : but the reason is much stronger , when instead of protecting , they design to oppress and ruin them ; then their own good , which at first was the sole reason of their obedience , does as much oblige them to oppose them , as ever it did to submit to them . the doctrine of absolute obedience is inconsistent with the goodness of god , and the love he has for man ; and is destructive of the end , intent and design of god's laws , which is man's happiness . for god , who is infinitely happy in himself , could have no other motive but man's happiness in those rules he has given him to walk by ; and for that reason has made it a duty in him to help the poor and miserable , relieve the oppressed and distressed , and do all manner of kindnesses and good offices to one another . can it then be presumed , that he required obedience to arbitrary power , which brings poverty , misery and desolation on a nation . if it be duty to relieve the poor and oppressed , it must as much so , to hinder people from falling into that miserable condition , which they cannot prevent except they have a right to oppose arbitrary power . and if it be a duty to promote the publick good , which they cannot do if they are obliged to submit to arbitrary government , it must be their duty to oppose it . in short , there is no duty that a man owes to his neighbour , or himself , but does oblige him to oppose arbitrary government ; and so does that honour and duty which man owes to his maker , which cannot more be shown , than in imitating him , by promoting the good and happiness of his fellow-creatures : he that does not love his brother whom he has seen , cannot love god whom he has not seen . but the endeavouring to enslave his brother , is no argument of any great love he bears him . absolute obedience tends to the dishonour of god , as it naturally tends to introduce gross ignorance and superstition , which perhaps is the chief reason that some men so highly promote it , because then they may be the better able to impose what selfish doctrines they please , and tyrannize over the consciences of their brethren . the promoting absolute obedience , is a much greater crime than the encouraging any rebellion whatever ; because a civil war , though during the time it lasts is very sharp , yet it cannot , especially in a country where there are no fortified places , continue long , and a nation may flourish and be happy again . but if once arbitrary government be introduced upon the principles of passive obedience , peoples miseries are endless , there is no prospect or hopes of redress : every age will add new oppressions , and new burdens to a people already exhausted . if he , by god's command , was to be cursed that removed his neighbour's land-mark , what curses must they deserve that make it their business to remove all the bounds , fences , and securities that people have , not only for their lands , but their liberties and lives , and prostrate them at the feet of a single person ? if it be so great a crime , that upon no account , as they pretend , it is lawful to change the person that has the executive power . how much greater must their crimes be that destroy the constitution , and subvert the whole government , and set up a new one that is infinitely worse ? this i think is sufficient to show that the people have a right , especially in a limited government , where they are subjects no farther than the laws require , to defend their liberties and privileges ; and that a king by endeavouring to ruin and enslave them , has lost all the ties he had to their obedience , and has no longer a right to command them ; and they may then place the administration of their affairs in other hands ; which when they have done , what reason have they to allow him , that designed to ruin and enslave them , greater privileges than any other private person , who never intended them any mischief ? or what reason have other nations to allow him those privileges , which they cannot without injury to themselves , pay to any but those that have summum imperium . but to return ; dr. waller and dr. nuton , who also attended , did not declare their opinions : dr. w. excused himself , that he had not time to consider the question ; and dr. n. said it was against his conscience , or words to that effect , to have a hand in blood. i suppose with this tacit reserve , except it were in hopes of being advocate of the admiralty , whose business it is ( if prosecuting pirates and malefactors may be called so ) to have a hand in blood. but to conclude ; i hope i have sufficiently proved what i designed , and have not only answered all the objections that were then made , but have obviated whatever can reasonably be urged to the contrary . finis . whereas it hath pleased the parliament in and by their act bearing date the th of august ... england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) whereas it hath pleased the parliament in and by their act bearing date the th of august ... england and wales. lord protector ( - : o. cromwell) cromwell, oliver, - . sheet ([ ] p.) s.n., [s.l. : ] title from first lines of text. dated and signed at end: given under my hand and seale the eight day of novemb. . o: cromwell. "a proclamation by oliver cromwell ordering all under his command 'speedily to suppress all tumults against the commissioners of excise.'"--thomason catalogue. annotation on thomason copy: "nouemb. ". reproduction of the original in the british library. eng england and wales. -- commissioners of excise -- crimes against -- early works to . soldiers -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no whereas it hath pleased the parliament in and by their act bearing date the th of august . concerning the excise, to appoint the gener england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion whereas it hath pleased the parliament in and by their act bearing date the th of august . concerning the excise , to appoint the generall of their forces for the time being , to order and enjoyne all collonels , captaines , officers & souldiers under his command , upon application made to them , or any of them , speedily to suppresse all tumults , ryots , and unlawfull assemblies which shall be attempted or acted , in opposition against the commissioners of excise , their sub-commissioners , collectors , or officers , in execution of the ordinances and acts of parliament for the excise ; and to apprehend all such ryotous and tumultuous persons , that they may be proceeded against according to law . and whereas it is in the said act further declared , that no commander , officer , or souldier , shall seize upon , forceably take , or detayne any the receipts of the excise , or protect any person from payment thereof , or encourage any person not to pay the same . and that if any commanders , officers , or souldiers , shall notwithstanding seize upon , forceably take , or detayne any the receipts of the excise , protect any person from paying thereof , or encourage any person not to pay the same , upon due proofe made thereof , shall be ( ipso facto ) cashiered , and all his arrears forfeited to the common-wealth ; and suffer such other punishment as shall by the said generall or councell of warre , be adjudged fitting . in pursuance whereof i doe hereby require all collonels , captains , officers , and souldiers under my command , upon application from time to time of the said commissioners of the excise , their sub-commissioners , collectors , or officers , unto them , or any of them , to be aiding and assisting , as well in preventing of such tumults and ryots , as in the suppressing thereof . and doe also hereby declare , that if any collonels , officers , or souldiers shall seize upon , forceably take , or detayne any the receipts of the excise , or shall protect any person from paying thereof , or encourage any person not to pay the same , shall be proceeded against , and suffer according as in the said act is expressed . given under my hand and seale the eight day of novemb. . o : cromwell . the agrement [sic] of the general council of officers of the armies of england, scotland, and ireland, together with the rest of the officers and forces in and about london; to which the rest of the officers and forces of this commonwealth by land and sea, are desired to give their concurrence. england and wales. army. council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the agrement [sic] of the general council of officers of the armies of england, scotland, and ireland, together with the rest of the officers and forces in and about london; to which the rest of the officers and forces of this commonwealth by land and sea, are desired to give their concurrence. england and wales. army. council. sheet ([ ] p.) printed by henry hills, printer to the army, london : . ten articles forming a basis of a republic without king or lords, keeping executive and legislative powers distinct. indemnity offered for everything done since october , except for the stuart cause. freedom of worship except to popery and prelacy. arrears of pay to be met. army to be maintained on its october footing. dated at end: thursday . of december, . annotation on thomason copy: "xber [i.e., december]. ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the agrement [sic] of the general council of officers of the armies of england, scotland, and ireland, together with the rest of the officer england and wales. army. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the agrement of the general council of officers of the armies of england , scotland , and ireland , together with the rest of the officers and forces in and about london ; to which the rest of the officers and forces of this commonwealth by land and sea , are desired to give their concurrence . i. that the government of england , scotland and ireland , and the dominions and territories thereunto belonging , be in the way of a free state and common-wealth . ii. that they will not have kingship to be exercised in these nations , nor any single person to exercise the office of chief magistrate over the same . iii. that there be no house of lords or peers . iv. that the legislative and executive power be destinct , and not in the same hands . v. that all those persons , and every one of them , who have sate or acted as a committee of safety , and all persons who have acted under them , or any of them , be indempnified in their persons and estates , for all such things as have been done by them , or any of them , or by any acting under their authority , in pursuance of the instructions given to them by the council of officers . vi . that there be an act of indempnity and perpetuall oblivion , both to persons and estates , for all and every thing and things , acted , done , or spoken , or ordered , or suffered to be acted or done with respect to raising of forces , issuing of money , administration of iustice , and proceedings in courts of law or equity , or otherwise , since the first day of october , . except such as have acted , done , or spoken , for or on the behalf of charles stuart . vii . that such as profess faith in god by iesus christ , though differing in judgement from the doctrine , worship , or discipline , publikely held forth , shall not be restrained from , but shall be equally protected and encouraged in the profession of the faith , and exercise of their religion , so as they abuse not this liberty to the civil injury of others , and to the actual disturbance of the publique peace on their parts . provided this liberty be not extended to popery or prelacy , nor to such as , under the profession of christ , hold forth and practise licentiousness . and that all acts , ordinances , orders , and all clauses in any acts , ordinances , orders and customes , to the contrary , be forthwith repealed , made null and void . viii . that the arrears of pay to the armies , forces , and navies of this common-wealth , now due or incurred to them , or any of them , be with all convenient speed satisfied and paid . ix . that the armies , forces , and navies of this common-wealth , as the same stood , upon the ninth day of october last , be continued and maintained , under the same conduct , as the same stood upon the said ninth day of october , for the security , service , and peace of this common-wealth , and not be disbanded , nor the conduct altered , until the cause contended for be secured , and the government of this common-wealth , as is before proposed , be effectually setled . x. that we whose names are subscribed , do hereby promise and engage , by the help of god , to stand by and assist each other in the obtaining of the said things before-mentioned . thursday . of december , . ordered by the general council of officers , of the armies of england , scotland , and ireland , that this agreement be forthwith printed and published . thomas sandford , secretary . london , printed by henry hills , printer to the army , . some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament cautions to those who are to chuse members to serve in parliament halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament cautions to those who are to chuse members to serve in parliament halifax, george savile, marquis of, - . p. [s.n.], london : . written by george savile, marquis of halifax. cf. bm. published also as: cautions to those who are to chuse members to serve in parliament. first published in . cf. bm. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. elections -- great britain. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament . london : printed in the year mdcxcv . some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament . i will make no other introduction , than 〈◊〉 it is hoped the counties and burroughs will remember in general , that besides other consequences , they will have the credit of a good choice , or the scandal that belongeth to an ill one . the creators will be thought like their creatures ; and therefore an ill choice will either be a disparagement of their understanding , or their morals . there cannot be a fuller approbation of a thing , than the chusing of it ; so that the fault of the members chosen , if known before-hand , will be judged to be of the growth of that county or burrough , after such a solemn approbation of them . in short , those who send up their representatives to westminster , should take care they may be such as will do them right , and their countrey honour . now to the particulars . i. a very extraordinary earnestness to be chosen , is no very good symptom : a desire to serve the nation in parliament , is an english man's ambition ; always to be encouraged , and never to be disapproved . a man may not only be willing to stand , but he may declare that willingness to his friends , that they may assist him , and by all the means becoming a modest and prudent man , he may endeavour to succeed , and prevent the being disappointed in it . but there is a wide difference between this and the raising a kind of a petty war in the county or corporation ; entring the lists rather for a combat than an election ; throwing fire-balls to put men into a heat , and omitting to spread no reports , whether true or false , which may give an advantage by laying a blemish upon competitor . these methods will ever be suspicious ; it will never be thought a natural thing for men to take such extravagant pains for the meer sake of doing good to others . to be content to suffer something for a good end , is that which many would do without any great repugnance : but where a man can honestly propose nothing to himself , except troubles , charge and loss , by absence from his own affairs , to be so violent in the pursuit of so ill a bargain , is not at all suited to the languishing virtue of mankind so corrupted . such a self-denying zeal in such a self-seeking age , is so little to be imagin'd , that it may without injury be suspected . therefore when these blustring pretenders come upon the stage , their natural temper and other circumstances ought to be very well consider'd , before men trust them with the disposal of their money , or their liberty . and i am apt to believe , there could hardly be found one single man whose other qualifications would over-ballance the objections that lye against such importunate suitors . ii. recommending-letters ought to have no effect upon elections . in this i must distinguish ; for tho in strictness perhaps there should be no exception ; yet in compliance with long practice , and out of an indulgence that is necessary in a time when mankind is too much loosened from severe rules , to be kept close up to them , letters sent only from equal men , doing good men right by giving evidence in their behalf , offering them as fitly qualified , when they really are so , and freeing them from unjust aspersions , may be still allowed . the letters i mean , are from men of power , where it may be beneficial to comply , and inconvenient to oppose . choice must not only be free from force , but from influence , which is a degree of force : there must be no difficulty , no apprehension that a refusal will be ill taken , or resented . the freeholders must be freemen too ; they are to have no shackles upon their votes in an election ; and the men who stand , should carry their own letters of recommendation about them , which are their good character and behaviour in the world , without borrowing evidence , especially when it cometh from suspected hands . those who make use of these epistles , ought to have no more advantage from them , than the muscovites have from the letters put into their hands when they are buried , to recommend them to st. nicholas . the first should as little get admittance for men into the parliament , as these letters can introduce the bearers into heaven . the scandal of such letters lieth first in the arrogant imposing of those that write them , and next in the wretched meanness of those that need them . men must be fallen very low in their credit , who upon such an occasion have a recourse to power to support it : their enemies could not give stronger evidence of their not being fit for that which they pretend to . and if the electors judge otherwise , they will be pretty sure in a little time to see their mistake , and to repent it . iii. non-attendance in former parliaments ought to be a bar against the choice of men who have been guilty of it . it is one of the worst kinds of non-residence , and the least to be excused : it is very hard that men should despise a duty , which perhaps is the only ground of the respect that is paid to them . it is such a piece of sawciness for any one to press for the honour of serving in parliament , and then to be careless in attending it , that in a house where there were so many officers , the penalty had not been improper to have cashier'd them for not appearing at the general muster . if men forbear to come out of laziness , let them be gratified by taking their ease at home without interruption : if out of small cunning to avoid difficulties , and to escape from the inconvenience of voting in critical cases , let them enjoy that despicable pitch of wisdom , and never pretend to make a figure where the publick is to be served . if it would not be thought advisable to trust a man immediately after he hath been drawn out of a gaol , it may be as reasonable to look upon one who for his non-attendance in the house hath been sent for in custody , as a kind of bankrupt , which putteth him upon unequal terms with those who have been assiduons in the discharge of their duty . they who thought fit in one session to neglect the publick business , may be justly suspected , by their standing , in the next to intend their own . besides these more deliberate offenders , there are some who do not attend even when they are in the house ; absent in their thoughts for want of comprehending the business that is doing , and therefore diverted from it by any thing that is trivial . such men are nusances to a serious assembly ; and when they are numerous , it amounteth almost to a dissolution ; it being scarce possible for good sence to be heard , whilst a noise is made by the buzzing of these horse-flies . the roman censors who degraded a senator for yawning whilst there was a debate , would have much more abundant matter here upon which they might exercise their jurisdiction . to conclude this head , there are so few that ever mended in these cases , that after the first experiment it is not at all reasonable to take them upon a new trial. iv. men who are unquiet and busy in their natures , are to give more than ordinary proofs of their integrity , before the electing them into a publick trust can be justified . as a hot summer breedeth greater swarms of flies , so an active time breedeth a greater number of these shineing gentlemen . it is pretty sure , that men who cannot allow themselves to be at rest , will let no body else be at quiet . such a perpetual activity is apt by degrees to be applied to the pursuit of their private interest . and their thoughts being in a continual motion , they have not time to dwell long enough upon any thing to entertain a scruple . so that they are generally at full liberty to do what is most convenient for them , without being fettered by any restraints . nay further ; whenever it happeneth that there is an impunity for cheating , these nimble gentlemen are apt to think it a disparagement to their understandings not to go into it . i doubt it is not a wrong to the present age , to say , that a knave is a less unpopular calling than it hath been in former times . and to say truth , it would be ingratitude in some men to turn honest , when they owe all they have to their knavery . the people are in this respect unhappy ; they are too many to do their own business ; their numbers , which make their strength , are at the same time the cause of their weakness ; they are too unweildy to move ; and for this reason nothing can ever redeem them from this incurable impotency : so that they must have solicitors to pursue and look after their interests ; who are too often disposed to dispense with the fidelity they owe to those that trust them ; especially if the government will pay their bills without abatement . it is better these gentlemen's dexterity should be employed any where than in parliament , where the ill consequence of their being members is too much diffused , and not restrained to the county or burrough who shall be so unwary as to chuse them . v. great drinkers are less fit to serve in parliament than is apprehended . men's virtue , as well as their understanding , is apt to be tainted by it . the appearance of it is sociable and well-natur'd , but it is by no means to be reli'd upon . nothing is more frail than a man too far engaged in wet popularity . the habit of it maketh men careless of their business , and that naturally leadeth them into circumstances that make them liable to temptation . it is seldom seen , that any principles have such a root , as that they can be proof against the continual droppings of a bottle . as to the faculties of the mind , there is not less objection ; the vapours of wine may sometimes throw out sparks of wit , but they are like scattered pieces of ore , there is no vein to work upon . such wit , even the best of it , is like paying great fines ; in which case there must of necessity be an abatement of the constant rent . nothing sure is a greater enemy to the brain , than too much moisture ; it can the least of any thing bear the being continually steeped : and it may be said , that thought may be resembled to some creatures which can live only in a dry country . yet so arrogant are some men , as to think they are so much masters of business , as that they can play with it ; they imagine they can drown their reason once a day , and that it shall not be the worse for it ; forgetting , that by too often diving the understanding at last groweth too weak to rise up again . i will suppose this fault was less frequent when solon made it one of his laws , that it was lawful to kill a magistrate if he was found drunk . such a liberty taken in this age , either in the parliament or out of it , would do terrible execution . i cannot but mention a petition in the year , from the county of devon , to the house of commons , against the undue election of burgesses , who are strong in wine and weak in wisdom . the cause of such petitions is to be prevented by chusing such as shall not give handle for them . vi. wanting-men give such cause of suspicion where-ever they deal , that surely the chusers will be upon their guard , as often as such dangerous pretenders make their application to them . let the behaviour of such men be never so plausible and untainted , yet they who are to pitch upon those they are to trust with all they have , may be excused , if they do not only consider what they are , but what they may be . as we pray our selves we may not be led into temptation , we ought not by any means to thrust others into it ; even though our own interest was not concerned ; and sure when it is , the argument hath not less force . if a man hath a small estate , and a numerous family ; where it happeneth that a man hath as many children as he hath tenants , it is not a recommending circumstance for his election . when it cometh to be the question with such a man , whether he shall be just to the publick , or cruel to his family ? it is very possible the decision may be on the side of corrupted nature . it is a compliment to this age , which it doth not deserve , to suppose men are so ty'd up to morality , as that they cannot be pinched out of it ; especially now when it is called starving not to be embroidered , or served in plate . the men chosen to serve their countrey , should not be loaden with suits that may tempt them to assume privileges ; much less under such necessities as may more immediately prepare them for corruption . men who need a parliament for their own particular interest , have more reason to offer their service than others have to accept of it . and though i do not doubt , but there may be some whose virtue would triumph over their wants , let them be never so pressing ; yet to expose the publick to the hazard of being deceived , is that which can never be justifi'd by those that chuse . and tho it must be allow'd possible for a wanting-man to be honest , yet it is impossible for a man to be wise that will depend upon it . vii . there is a sort of men that have a tinsel-wit , which make them shine among those who cannot judge . club and coffee-house gentlemen , petty merchants of small conceits , who have an empty habit of prating without meaning ; they always aim at wit , and generally make false fire . their business is less to learn , than to set themselves out ; which makes them chuse to be with such as can only be witnesses of their small ingenuity , rather than with such as might improve it . there is a subordinate wit , as much inferior to a wit of business , as a fidler at a wake is to the lofty sound of an organ . men of this size are in no degree suited to the business of redressing grievances , and making laws . there is a parliament-wit to be distinguish'd from all other kinds ; those who have it , do not stuff their heads only with cavils and objections . they have a deliberate and an observing wit , a head turned to publick things ; men who place a greater pleasure in mending a fault , than in finding it out . their understanding directeth them to object in the right place , and not like those who go by no other rule , than to conclude , that must be the best counsel which was not taken . these whole-sale judges shew such a gross and peevish ignorance , that it appeareth so openly in all they say or do , that they give loud warning to all considering men , not to chuse them . viii . the dislike of slight airy men must not go so far , as to recommend heaviness in opposition to it , especially where men are convicted of it by experience in former sessions . as a lively coxcomb will seldom fail to lay in his claim for wit ; so a blockhead is apt to pretend , that his heaviness is a proof of his judgment . some have an universal lethargy spread upon their understanding without exception ; others have an insufficiency quo ad hoc , as in some cases men have quo ad hanc ; these last can never so turn their thoughts to publick business , as to give the attention that is necessary to comprehend it . there are those who have such a thick shell upon their brains , that their ignorance is impenetrable , and maketh such a stout resistance against common sense , that it will never be subdu'd by it : true heart of oak , ignorance that will never yield , let reason beat never so hard upon it ; and though their kind neighbours have at several elections sent them up to school again , they have still return'd the same incurable dunces . there is a false gravity that is a very ill symptom ; and it may be said , that as rivers , which run very slowly , have always the most mud at the bottom ; so a solid stiffness in the constant course of a man's life , is a sign of a thick bed of mud at the bottom of his brain . a dull man is so near a dead man , that he is hardly to be ranked in the list of the living ; and as he is not to be buri'd whilst he is half alive , so he is as little to be imploy'd whilst he is half dead . parliaments are now grown to be quite other things than they were formerly . in ancient times they were little more than great assizes ; a roll of grievances ; magna charta confirmed ; privileges of holy church preserved ; so many sacks of wool given , and away . now there are traps and gins laid for the well-meaning countrey-gentlemen ; he is to grapple with the cunning of men in town , which is not a little improv'd by being rewarded and encourag'd . so that men whose good intentions are not seconded and supported by some degree of ability , are as much the more dangerous , as they are less criminal than cunning knaves . their honest mistakes , for want of distinguishing , either give a countenance to , or at least lessen the scandal of the injurious things that are done to the publick ; and with leave ask'd for so odd an expression , their innocent guilt is as mischievous to the laws and liberties , as the most deliberate malice of those that would destroy them . ix . there is an abuse which daily increaseth , of sending such to parliament , as are scarce old enough to be sent to the university . i would not in this restrain the definition of these boys to the age of twenty one : if my opinion might take place , i should wish that none might be chosen into the house of commons under thirty ; and to make some equality , i should from the same motives think it convenient , that no lord should have a vote in judicature under that age. but to leave this digression ; i cannot see why the chusers should not at least make it a rule among themselves , not to send any man to represent them under the age of twenty five , which is the time of majority in most other places of the world . surely it is not that we are earlier plants than our neighbours . such supposition could neither be justifi'd by our climate , nor by the degree of latitude in which we are placed ; i must therefore attribute it to the haste our ancestors had ( and not without reason ) to free themselves from the severity of wardships . but whether this , or any thing else , was the cause of our earlier stepping into man's estate ; so it is now , that according to our laws , twenty one is the age of discretion ; and the young man is then vested with a legal , how defective soever he may be in his natural understanding . with all this , there ought to be a difference made between coming out of pupilage , and leaping into legislatorship . it is perhaps inconvenient enough that a man should be so soon let loose to destroy his own estate ; but it is yet worse , that he should then have a power of giving away other men's . the law must make general rules , to which there always will be some objections . if there were tryers appointed to judge when leading-strings should be left off , many would wear them a very great while , and some perhaps with their gray hairs ; there being no small number of old boys in all times , and especially in this . it is necessary therefore to make exceptions to this general rule , where the case so much requireth it , as it doth in the matter in question . the ground of sending these minors to parliament ought not to recommend the continuance of it to those who are lovers of liberty ; since it was by the authority and influence of great men , that their stripling sons were first receiv'd by the humble depending boroughs , or the complying counties . they called it , as many do still , the best school for young men. now experience hath shew'd us , that it is like a school only in this respect , that these youngsters when they are admitted , deserve to be whipp'd in it . if the house of commons is a school , it must be for men of riper age ; these are too young to learn there , and being elevated by a mistaken smattering in small politicks , they grow too supercilious to learn any where else ; so that instead of improving young promising plants , they are destroy'd by being misplac'd . if then they do themselves hurt by it , it is surer yet that they do the house no good by coming into it . they were not green geese that are said to have sav'd the capitol ; they were certainly of full age , or else their cackling could not have been heard , so as to give warning . indeed it look'd of late , when the fashion was to have long continu'd parliaments , as if we might plant a boy in the house with a prospect that he might continue there till he had grey hairs : and that the same sapling might have such a root , as that he might grow up to be timber without being remov'd . if these young men had skill enough to pitch upon some body in the house , to whom they might resign their opinion , and upon whose judgment they might lean without reserve , there might be less objection . but to speak truth , they know as little how to chuse , as those did who elected them ; so that there is no other expedient left , than the letting them alone . one may say , generally speaking , that a young man being too soon qualifi'd for the serious business of parliaments , would really be no good symptom . it is a sign of too much phlegm , and too little fire in the beginning of age , if men have not a little more heat than is convenient ; for as they grow older they will run a hazard of not having so much as is necessary . the truth is , the vigour of youth is soften'd and misappli'd , when it is not spent either in war or close studies ; all other courses have an idle mixture that cometh to nothing , and maketh them like trees , which for want of pruning run up to wood , and seldom or never bear any fruit. to conclude this head , it must be own'd , that there is no age of our life which doth not carry arguments along with it to humble us ; and therefore it would be well for the business of the world if young men would stay longer before they went into it , and old men not so long before they went out of it . x. next to these may be rank'd a sort of superfine gentlemen , carpet-knights , men whose heads may be said to be only appurtenances to their perukes , which intirely ingross all their care and application . their understanding is so strictly appropriated to their dress , that no part of it is upon pain of their utmost displeasure to be diverted to any other use . it is not by this intended to recommend an affected clown , or to make it a necessary qualification for a member of parliament , that he must renounce clean linen or good manners ; but surely a too earnest application to make every thing sit right about them , striketh too deep into their small stock of thoughts to allow it furniture for any thing else . to do right to the these fine-spun gentlemen , business is too course a thing for them , which maketh it an unreasonable hardship upon them to oppress them with it ; so that in tenderness to them , no less than out of care to the publick , it is best to leave them to their taylors with whom they will live in much better correspondence , when the danger is prevented of their falling out about privileges . xi . men of injustice and violence , in their private dealings , are not to be trusted by the people with a commission to treat for them in parliament . in the th of edw. . the king commandeth in his writs not to chuse any knights who had been guilty of crime , or maintenance . these warm men seldom fail to run into maintenance , taken in a larger extent . it is an unnatural sound to come from a man that is arbitrary in his neighbourhood , to talk of laws and liberties at westminster ; he is not a proper vehicle for such words , which ought never to be prophaned . an habitual breaker of the laws , to be made one of the law-makers , is as if the benches in westminster-hall should be filled with men out of newgate . those who are of this temper cannot change their nature out of respect to their countrey . quite contrary , they will less scruple to do wrong to a nation where no body taketh it to himself , than to particular men to whose resentments they are more immediately exposed . in short , they lye under such strong objections , that the over-ballance of better men cannot altogether purify an assemby where these unclean beasts are admitted . xii . excessive spenders and unreasonable savers are to be excluded , being both greedy from differing causes . they are both of them diseases of infection , and for that reason are not to be admitted into publick assemblies . a prodigal man must be greedy , because he thinketh he can never spend enough . the wretch must be so , because he will never think he can hoard enough . the world first admireth men's wisdom for getting money , and then raileth at them if they do not throw it away ; so that the prodigal man is only the less unpopular extreme ; he is every jot as well prepared as the miser to fall out with his morals , when once a good temptation is offered him to lay them aside . on the other side , some rich men are as eager to overtake those that are richer , as a running-horse is to get to the race-post , before the other that contendeth with him . men often desire to heap , rather because others have more , than that they know what to do with that which they covet with so much impatience . so that it is plain , the fancy hath as great a share in this imaginary pleasure of gathering , as it hath in love , ambition , or any other passion . it is pretty sure , that as no man was ever the richer for having a good estate , if he did not look after it ; so neither will he be the honester if he hath never so much . want of care will always create want of money ; so that whether a man is a beggar because he never had any money , or because he can never keep any , it is all one to those who are to trust him . upon this head of prodigality , it may be no unreasonable caution to be afraid of those who in former service have been extravagantly liberal of the publick money . trusting is so hazardous a thing , that it should never be done but where it is necessary ; so that when trustees are found upon trial to be very lavish , even without examining into the causes of it , ( which are generally very suspicious ) it is a reasonable part of preventing-wit to change hands , or else the chusers will pay the penalty that belongeth to good nature so misplaced , and the consequences will be attended with the aggravation of their not being made wiser by such a severe and costly warning . xiii . it would be of very great use to take a general resolution throughout the kingdom , that none should be chosen for a county but such as have either in possession , or reversion , a considerable estate in it ; nor for a burrough , except he be resiant , or that he hath some estate in the county , in present , or expectancy . there have been eminent men of law who were of opinion , that in the case of a burgess of a town not resiant , the court is to give judgment according to the statute , notwithstanding custom to the contrary . but not to insist now upon that , the prudential part is argument enough to set up a rule to abrogate an ill custom . there is not , perhaps , a greater cause of the corruption of parliaments , than by adopting members , who may be said to have no title by their births . the juries are by the law to be ex vicineto ; and shall there be less care that the representatives of the people be so too ? sure the interest of the county is best placed in the hands of such as have some share in it . the outliers are not so easily kept within the pale of the laws . they are often chosen without being known , which is more like chusing valentines , than members of parliament . the motive of their standing is more justly to be supposed , that they may redress their own grievances which they know , than those of the countrey , to which they are strangers . they are chosen at london to serve in cornwall , &c. and are often parties , before they come to be representatives : one would think the reproach it is for a county not to have men within their own circle to serve them in parliament , should be argument enough to reject these trespassers , without urging the ill consequences in other respects of their being admitted . xiv . as in some cases it is adviseable to give a total exclusion to men not fitly qualified ; so in others it is more proper to lay down a general rule of caution , with allowance of some exceptions , where men have given such proofs of themselves , as create a right for them to be distinguished . of this nature is that which i shall say concerning lawyers , who , by the same reason that they may be useful , may be also very dangerous . the negligence , and want of application in gentlemen , hath made them to be thought more necessary than naturally they are in parliament . they have not only ingrossed the chair of the speaker , but that of a committee is hardly thought to be well filled , except it be by a man of the robe . this maketh it worthy of the more serious reflection of all gentlemen , that it may be an argument to them to qualify themselves in parliamentary learning , in such a manner , as that they may rely upon their own abilities , in order to the serving their countrey . but to come to the point in question ; it is not without precedent , that practising-lawyers have been excluded from serving in parliament ; and , without following those patterns strictly , i cannot but think it reasonable , that whilst a parliament sitteth , no member of parliament should plead at any bar. the reason of it is in many respects strong in it self , and is grown much stronger by the long sitting of parliaments of late ; but i will not dwell upon this : the matter now in question being concerning lawyers being elected , which i conceive should be done with so much circumspection , that probably it would not often happen . if lawyers have great practice , that ought to take them up ; if not , it is no great sign of their ability ; and at the same time giveth a suspicion , that they may be more liable to be tempted . if it should be so in fact , that no king ever wanted judges to soften the stiffness of the laws that were made , so as to make them suit better with the reason of state , and the convenience of the government ; it is no injury now to suppose it possible for lawyers in the house of commons , so to behave themselves in the making of new laws , as the better to make way for the having their robes lined with fur. they are men used to argue on both sides of a question ; and if ordinary fees can inspire them with very good reasons in a very ill cause , that faculty exercised in parliaments , where it may be better encouraged , may prove very inconvenient to those that chuse them . and therefore , without arraigning a profession , that it would be scandalous for a man not to honour ; one may , by a suspicion , which is the more excusable when it is in the behalf of the people , imagine that the habit of taking money for their opinion , may create in some such a forgetfulness to distinguish , that they may take it for their vote . they are generally men who by a laborious study hope to be advanced : they have it in their eye as a reward for the toil they undergo . this maketh them generally very slow , and ill disposed ( let the occasion never so much require it ) to wrestle with that soil where preferment groweth . now if the supposition be in its self not unreasonable , and that it should happen to be strengthen'd and confirm'd by experience , it will be very unnecessary to say any more upon this article , but leave it to the electors to consider of it . xv. i cannot forbear to put in a caveat against men ty'd to a party . there must in every body be a leaning to that sort of men who profess some principles , more than to others who go upon a different foundation ; but when a man is drowned in a party , plunged in it beyond his depth , he runneth a great hazard of being upon ill terms with good sense , or morality , if not with both of them . such a man can hardly be called a free agent , and for that reason is very unfit to be trusted with the peoples liberty , after he hath given up his own . it is said , that in some part of the indies they do so affect little feet , that they keep them squeezed while they are children , so that they stay at that small size after they are grown men. one may say something like this of men lock'd up in a party ; they put their thoughts into such a narrow mould , that they can never be enlarged nor released from their first confinements . men in a party have liberty only for their motto ; in reality they are greater slaves than any body else would care to make them . a party , even in times of peace , ( tho against the original contract , and the bill of rights ) sets up and continues the exercise of martial law : once inrolled , the man that quitteth , if they had their will , would be hanged for a deserter . they communicate anger to one another by contagion : and it may be said , that if too much light dazzleth the eye-sight , too much heat doth not less weaken the judgment . heat reigneth in the fancy ; and reason , which is a colder faculty of the brain , taketh more time to be heard , than the other will allow . the heat of a party is like the burning of a feaver , and not a natural warmth , evenly distributed to give life and vigor . there was a time indeed when anger shew'd a good sign of honesty ; but that evidence is very much weakned by instances we have seen since the days of yore : and the publick-spirited choler hath been thrown off within time of memory , and lost almost all its credit with some people , since they found what governments thought fit to make their so doing a step to their preferment . a strong blustring wind seldom continues long in one corner . some men knock loud only to be let in ; the bustle they make is animated by their private interest . the outward blaze only is for religion and liberty : the true lasting fire , like that of the vestals which never went out , is an eagerness to get somewhat for themselves . a house of commons composed of such men , would be more properly so many merchants incorporated in a regular company , to make their particular adventures , than men sent from the people to serve and represent them . there are some splenetick gentlemen who confine their favourable opinion within so narrow a compass , that they will not allow it to any man that was not hanged in the late reigns . now by that rule one might expect they should rescue themselves from the disadvantage of being now alive ; and by abdicating a world so little worthy of them , get a great name to themselves , with the general satisfaction of all those they would leave behind them . amongst the many other ill consequences of a stated party , it is none of the least , that it tempteth low and insignificant men to come upon the stage , to expose themselves , and to spoil business . it turneth a cypher into a figure , such a one as it is : a man in a party is able to make a noise , let it be never so empty a sound . a weak man is easily blown out of his small senses , by being muster'd into a party ; he is flatter'd till he liketh himself so well , that he taketh it extremely ill if he hath not an employment . nothing is more in fashion , than for men to desire good places , and i doubt nothing is less so than to deserve them . from nobody to somebody is such a violent stride , that nature , which hath the negative voice , will not give its royal assent to it : so that when insufficient men aim at being in business , the worst of their enemies might out of malice to them , pray for their preferment . there could be no end , if one did not stop till this theme had no more matter to furnish . i will only say , nothing is more evident , than that the good of the nation hath been sacrificed to the animosities of the several contending parties ; and without entring into the dispute which of them are more or less in the right , it is pretty sure , that whilst these opposite sets of angry men are playing at foot-ball , they will break all the windows , and do more hurt than their pretended zeal for the nation will ever make amends for . in short , a man so engaged is retained before the people take him for their council ; he hath such a reserve for his party , that it is not advisable for those who would chuse him , to depend upon his professions . all parties assuming such a dispensing power , that by their sovereign authority they cancel and dissolve any act or promise that they do not afterwards approve . these things considered , those who will chuse such men deserve whatever followeth . xvi . pretenders to exorbitant merit in the late revolution , are not without objections against them , when they stand to serve in parliament . it would not only be a low , but a criminal kind of envy , to deny a distinguishing justice to men who have been instrumental and active , when the service of their countrey requir'd it . but there ought to be moderation in men's claims , or else it is out of the power of our poor island to satisfy them . it is true , service of all kinds is grown much dearer , like labourer's wages , which formerly occasioned several statutes to regulate them . but now the men who only carried mortar to the building , when it is finished , think they are ill dealt with if they are not made master-workmen . they presently cry out , the original contract is broken , if their merit is not rewarded , at their own rate too . some will think there never ought to be an end of their rewards ; when indifferent judges would perhaps be puzzled to find out the beginning of their merit . they bring in such large bills , that they must be examind ' : some bounds must be put to men's pretensions ; else the nation , which is to pay the reckoning , will every way think it a scurvy thing to be undone , whether it be by being over run by our enemies , or by the being exhausted by our friends . there ought therefore to be deductions where they are reasonable , the better to justifie the paying what remaineth . for example , if any of these passionate lovers of the protestant religion should not think fit , in their manner of living , to give the least evidence of their morality , their claims upon that head might sure be struck off without any injustice to them . if there are any who set down great sums as a reward due to their zeal for rescuing property from the jaws of arbitrary power ; their pretensions may fairly be rejected , if now they are so far from shewing a care and tenderness of the laws , that they look rather like councel retained on the other side . it is no less strange , than i doubt it is true , that some men should be so in love with their dear mistress , old england , with all her wrinkles , as out of an heroick passion to swim over to rescue her from being ravish'd ; and when they have done the feat , the first thing after enjoyment is , that they go about to strangle her . for the sake of true love , it is not fit that such ungentile gallants should be too much encourag'd ; and their arrogance for having done well at first , will have no right to be excused , if their doing so ill at last doth not make them a little more modest . true merit , like a river , the deeper it is , the less noise it makes . these loud proclaimers of their own deserts , are not only to be suspected for their truth , but the electors are to consider that such meritorious men lay an assessment upon those that chuse them . the publick taxes are already heavy enough without the addition of these private reckonings . it is therefore the safer way not to employ men , who will expect more for their wages , than the mistaken borough that sendeth them up to parliament could be sold for . xvii . with all due regard to the noblest of callings , military officers are out of their true element when they are misplaced in a house of commons . things in this world ought to be well suited . there are some appearances so unnatural , that men are convinc'd by them without any other argument . the very habit in some cases , recommendeth or giveth offence . if the judges upon the bench should , instead of their furrs , which signify gravity , aud bespeak respect , be cloathed like the jockeys at new-market , or wear jack-boots and steenkirks ; they would not in reality have less law , but mankind would be so struck with this unusual object , that it would be a great while before they could think it possible to receive justice from men so accouter'd . it is to some degree the same thing in this case ; such martial habits , blew-coats , red stockings , &c. make them look very unlike grave senators . one would almost swear they were creatures apart , and of a differing species from the rest of the body . in former times , when only the refiant shopkeeper was to represent his corporation ( which by the way is the law still at this day ) the military looks of one of these sons of mars , would have stared the quaking member down again to his burrough . now the number of them is so encreased , that the peaceable part of the house may lawfully swear they are in fear of their lives , from such an awful appearance of men of war. it maketh the room look like a guard-house by such an ill-suited mixture . but this is only the out-side , the bark of the argument ; the root goeth yet deeper against chusing such men , whose talents ought to be otherwise applied . their two capacities are so inconsistent , that mens undertaking to serve both the cures , will be the cause in a little time , that we shall neither have men of war , nor men of business , good in their several kinds . an officer is to give up his liberty to obey orders ; and it is necessarily incident to his calling that he should do so . a member of parliament is originally to be tender of his own liberty , that other men may the better trust him with theirs . an officer is to enable himself by his courage , improved by skill and experience , to support the laws ( if invaded ) when they are made ; but he is not supposed to be at leisure enough to understand how they should be made . a member of parliament is to fill his thoughts with what may best conduce to the civil administration ; which is enough to take up the whole man , let him be never so much raised above the ordinary level . these two opposite qualifications , being placed in one man , make him such an ambiguous divided creature , that he doth not know how to move . it is best to keep men within their proper sphere ; few men have understanding enough exactly to fill even one narrow circle , fewer able to fill two ; especially when they are both of so great compass , and that they are so contrary in their own natures . the wages he hath as a member , and those he receiveth as an officer , are paid for services that are very differing ; and in the doubt which of them should be preferably performed , it is likely the greater salary may direct him , without the further inducements of complying most , where he may expect most advantage by it . in short , if his dependance is not very great , it will make him a scurvey officer ; if it is great , it will make him a scurvier member . xviii . men under the scandal of being thought private pensioners , are too fair a mark to escape being consider'd , in reference to the point in question . in case of plain evidence , it is not to be suppos'd , possible , that men convicted of such a crime should ever again be elected . the difficulty is in determining what is to be done in case of suspicion . there are suspicions so well grounded , that they may pretend to have the force of proofs , provided the penalty goeth only to the forbearing to trust , but not extending it so far as to punish . there must be some things plain and express to justify the latter , but circumstances may be sufficient for the former : as where men have had such sudden cures of their ill humours , and opposition to the court , that it is out of the way of ordinary methods of recovery from such distempers , which have a much slower progress ; it must naturally be imputed to some specifick that maketh such a quick alteration of the whole mass of blood. where men have raised their way of living , without any visible means to support them in it , a suspicion is justifi'd , even by the example of the law , which in cases of this kind , though of an inferior nature , doth upon this foundation not only raise inferences , but inflict punishments . where men are immoral , and scandalous in their lives , and dispense familiarly with the rules by which the world is govern'd , for the better preserving the bonds of human society ; it must be a confidence very ill placed , to conclude it impossible for such men to yield to a temptation well offer'd and pursu'd ; when , the truth is , the habit of such bons vivants , which is the fashionable word , maketh a suspicion so likely , that it is very hard not to believe it to be true . if there should be nothing but the general report , even that is not to be neglected . common fame is the only lyar that deserveth to have some respect still reserv'd to it ; tho she telleth many an untruth , she often hits right , and most especially when she speaketh ill of men . her credit hath sometimes been carried too far , when it hath gone to the divesting men of any thing of which they were possess'd , without more express evidence to justify such a proceeding . if there was a doubt whether there ever was any corruption of this kind , it would alter the question ; but sure that will not bear the being controverted . we are told , that charles the fifth sent over into england crowns to be distributed amongst the leading men , to encourage them to carry on elections . here was the protestant religion to be bought out for a valuable consideration according to law , though not according to gospel , which exalteth it above any price that can be set upon it . now , except we had reason to believe that the vertue of the world is improv'd since that time , we can as little doubt that such temptations may be offer'd , as that they may be receiv'd . it will be owned , that there is to be a great tenderness in suspecting ; but it must be allow'd at the same time , that there ought not to be less in trusting , where the people are so much concern'd ; especially , when the penalty upon the party suspected goeth no further than a suspension of that confidence , which it is necessary to have in those who are to represent the nation in parliament . i cannot omit the giving a caution against admitting men to be chosen , who have places of any value . there needeth the less to be said upon this article , the truth of the proposition being supported by such plain arguments . sure no man hath such a plentiful spring of thought , as that all that floweth from it is too much to be appli'd to the business of parliament . it is not less sure , that a member of parliament , of all others , ought least to be exempted from the rule , that no man should serve two masters . it doth so split a man's thoughts , that no man can know how to make a fitting distribution of them to two such differing capacities . it exposeth men to be suspected , and tempted , more than is convenient for the publick service , or for the mutual good opinion of one another , which there ought to be in such an assembly . it either giveth a real dependance upon the government , which is inconsistent with the necessity there is , that a member of parliament should be disengaged ; or at least it hath the appearance of it , which maketh them not look like freemen , though they should have vertue enough to be so . more reasons would lessen the weight of this last , which is , that a bill to this effect , commonly called the self-denying bill , pass'd even this last house of commons . a greater demonstration of the irresistible strength of truth cannot possibly be given ; so that a copy of that bill in every county or burrough , would hardly fail of discouraging such pretenders from standing , or at least it would prevent their success if their own modesty should not restrain them from attempting it . xx. if distinctions may be made upon particular men , or remarks fix'd upon their votes in parliament , they must be allow'd in relation to those gentlemen , who for reasons best known to themselves thought fit to be against the triennial bill . the liberty of opinion is the thing in the world that ought least to be controll'd , and especially in parliament . but as that is an undoubted assertion , it is not less so , that when men sin against their own light , give a vote against their own thought , they must not plead privilege of parliament against the being arraigned for it by others , after they are convicted of it by themselves . there cannot be a man , who in his definition of a house of commons , will state it to be an assembly , that for the better redressing of grievances the people feel , and for the better furnishing such supplies as they can bear , is to continue , if the king so pleaseth , for his whole reign . this could be as little intended , as to throw all into one hand , and to renounce the claim to any liberty , but so much as the sovereign authority would allow . it destroyeth the end of parliaments , it maketh use of the letter of the law to extinguish the life of it . it is , in truth , some kind of disparagement to so plain a thing , that so much has been said and written upon it ; and one may say , it is such an affront to those gentlemens understandings to censure this vote only as a mistake , that , as the age goeth , it is less discredit to them to call it by its right name ; and if that is rightly understood by those who are to chuse them , i suppose they will let them exercise their liberty of conscience at home , and not make men their trustees , who in this solemn instance have such an unwillingness to surrender . it must be own'd , that this bill hath met with very hard fortune , and yet that doth not in the least diminish the value of it . it had in it such a root of life , that it might be said , it was not dead but sleeped ; and we see that the last session , it was revived and animated by the royal assent , when once fully inform'd of the consequence , as well as of the justice of it . in the mean time , after having told my opinion , who ought not to be chosen : if i should be ask'd , who ought to be , my answer must be , chuse englishmen ; and when i have said that , to deal honestly , i will not undertake that they are easy to be found . finis . conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members. to convince them of, humble them for, convert them from their transcendent treasons, rebellions, perjuries, violences, oppressive illegal taxes, excises, militiaes, imposts; destructive councils, proceedings against their lawfull protestant hereditarie kings, the old dissolved parliament, the whole house of lords, the majoritie of their old secured, secluded, imprisoned fellow-members, the counties, cities, boroughs, freemen, commons, church, clergie of england, their protestant brethren, allies; contrary to all their oathes, protestations, vowes, leagues, covenants, allegiance, remonstrances, declarations, ordinances, promises, obligations to them, the fundamental laws, liberties of the land; and principles of the true protestant religion; and to perswade them now at last to hearken to and embrace such counsels, as tend to publike unitie, safetie, peace, settlement, and their own salvation. / by william prynne esq; a bencher of lincolns inne. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members. to convince them of, humble them for, convert them from their transcendent treasons, rebellions, perjuries, violences, oppressive illegal taxes, excises, militiaes, imposts; destructive councils, proceedings against their lawfull protestant hereditarie kings, the old dissolved parliament, the whole house of lords, the majoritie of their old secured, secluded, imprisoned fellow-members, the counties, cities, boroughs, freemen, commons, church, clergie of england, their protestant brethren, allies; contrary to all their oathes, protestations, vowes, leagues, covenants, allegiance, remonstrances, declarations, ordinances, promises, obligations to them, the fundamental laws, liberties of the land; and principles of the true protestant religion; and to perswade them now at last to hearken to and embrace such counsels, as tend to publike unitie, safetie, peace, settlement, and their own salvation. / by william prynne esq; a bencher of lincolns inne. prynne, william, - . [ ], , [ ] p. printed, and are to be sold by edward thomas at the adam and eve in little britain, london : . with a final errata leaf. annotation on thomason copy: " ber [i.e. november] ". reproduction of the original in the british library. eng england and wales. -- parliament -- history, ( th century) -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- religious aspects -- early works to . great britain -- history -- puritan revolution, - -- early works to . a r (thomason e _ ). civilwar no conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, prynne, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion conscientious , serious theological and legal quaeres , propounded to the twice-dissipated , self-created anti-parliamentary westminster juncto , and its members . to convince them of , humble them for , convert them from their transcendent treasons , rebellions , perjuries , violences , oppressive illegal taxes , excises , militiaes , imposts ; destructive councils , proceedings against their lawfull protestant hereditarie kings , the old dissolved parliament , the whole house of lords , the majoritie of their old secured , secluded , imprisoned fellow-members , the counties , cities , boroughs , freemen , commons , church , clergie of england , their protestant brethren , allies ; contrary to all their oathes , protestations , vowes , leagues , covenants , allegiance , remonstrances , declarations , ordinances , promises , obligations to them , the fundamental laws , liberties of the land ; and principles of the true protestant religion ; and to perswade them now at last to hearken to and embrace such counsels , as tend to publike unitie , safetie , peace , settlement , and their own salvation . by william prynne esq a bencher of lincolns inne . levit. . . thou shalt not hate thy brother in thy heart , thou shalt in any wise rebuke thy neighbour , and not suffer sin upon him ; or , bear not sin for him . tim. . . them that sinne openly , rebuke before all , that others may fear . prov. . , . rebuke a wise man , and he will love thee ; give instruction to a wise man , and he will yet be wiser . jude , . wo to them , for they have gone in the way of kain , and perished in the gainsaying of core . they are trees whose fruit is withered , twice dead , plucked up by the roots . london printed , and are to be sold by edward thomas at the adam and eve in little britain , . conscientious , serious theological and legal quaeres , &c. the wisest of men , and god only wise , informs all sons of wisdom capable of instruction ; that a open rebuke , is better than secret love ; because faithfull are the wounds of a friend , but the kisses of an enemy are deceitfull : whence b he that rebuketh a man , for his exorbitant transgressions , afterwards shall finde more favour , than he that flattereth with the tongue ; by extenuating , excusing or justifying his offences . upon this consideration , i reputed it both a seasonable and christian duty incumbent on me in this day of the late anti-parliamentary junctoes dissipation , humiliation , confusion , and army-officers division amongst themselves , to reminde them fully of , and * rebuke them plainly , sharply , for their manifold treasons , perjuries , and other exorbitant offences against their lawfull protestant kings , kingdom , the late dissolved parliament , the whole house of lords , the majoritie of their fellow-members , the whole english nation , church , ministrie , their protestant brethren , and allies , against all their sacred and civil obligations to them , in a serious , impartial , convincing , least-offensive manner , by way of quaeres drawn from gods word , and plain sacred scripture-texts , and our known laws , which they have most presumptuously trodden under foot , and c would not hearken to , in the daies of their late self exaltation and prosperity , like their predecessors of old among the jewes : when i minded and reminded them over and over , not only in my speech , memento , collections of our antient parliaments , and other publications in the years , . in my epistle to , and first part of my historical collections , and legal vindication ; . my republicans spurious good old cause briefly and truly anatomized ; my true and perfect narrative , and concordia discors in may , and june last , and brief necessary vindication of the old and new secluded members , in september following ; ( wherein i truly predicted their former and present dissolutions by those very army officers with whom they confederated ) which they would not credit , till dissolved by them ; being in good hopes , that they will now at last hear counsel and receive instruction , that they may be wise in their latter end , as god himself adviseth them , prov. . . . whether their speaker mr. lenthall and those confederate members of the commons house , who against their duties , upon pretext of the unarmed london apprentices tumult at the house in july . ( though they secured , secluded no members , but only kept them in the house , till they had read , answered their petition , and then quietly departed ) went away privily to the armie , by the invitation , instigation of some swaying army-officers , without the leave or privitie of the house ; brought up the whole army to westminster and london to conduct them in triumph to the house , caused them to * impeach , declare against , suspend , imprison sundry members of both houses ; nulled all votes , orders , ordinances , proceedings in their absence , by reason of a pretended force upon the house by the apprentices during that space , and declared them meerly void to all intents , by the speakers declaration , and an ordinance of aug. . when as there was no force at all upon the houses during that time , and these members might have freely , safely returned to the house alone , had they listed , without the army , or any one troop to guard them : and afterwards mutinied and brought up part of the armie again to westminster , to * force the houses to passe the votes for no more addresses to the king , ( contrived in a general council of army-officers , and seconded with their declaration when passed by force and surprize in an emptie house ) after that most traiterously and perfidiously f confederated with the army-officers to break off the last treatie with the king in the isle of wight ; to seise the kings person by a partie of the armie and remove him thence against both houses orders , notwithstanding his large concessions and consent to their propositions ; to secure , seclude all the members of the commons house , who after many daies and one whole nights debate , passed this vote according to their judgements , consciences , duties ( carried without dividing the house , notwithstanding the armies march to westminster , and menaces to prevent it ) that the answers of the king to the propositions of both houses , were a ground for the house to proceed upon for the settlement of the peace of the kingdom : which vote of the whole house when there were above members present , about of them only soon after repealed , expunged , ( the manner of carrying on of which design against the king and members , was concluded by a committee at windsor , consisting of . army-officers , wherof col. harrison ( their chair-man , and a member ) and col. rich were two ; . members of the commons house , whereof cornelius holland yet living was one , the . others since dead , . independents , and . anabaptists of london ; wherein a list was made by them what members should be secluded , secured , and who admitted to fit ; this committee resolving to dissolve both houses by force , and to trie , condemn , execute the king by a council of war , if they could not get of the common g house to sit and bring him to justice , as john lilburn one of that committee hath published in print ; ) approved , abbetted the armies forcible , treasonable securing of many members , secluded the majoritie of the house by their vote of jan. . . upon the armie-officers false and scandalous printed answer to them , jan. . touching the grounds of their securing and secluding them , contrarie to their protestation , covenant , the privileges , rights of parliament , the great charter , the fundamental laws and liberties of the nation ; and not content therewith , by their own anti-parliamentarie , antichristian usurpers , to out-act the old gunpowder traytors many degrees , by the armies assistance , and e opposing , advancing themselves against all that is called god and worshipped , they most traiterously set aside , voted down , suppressed the whole house of lords , as dangerous , uselesse , tyrannical , unnecessary ; usurped , engrossed the stile , power of the parliament of england , and supreme authority of the nation , to themselves alone , without king , lords , or majoritie of their fellow secluded members ; created a new monstrous high court of justice , ( destructive to all our fundamental laws , liberties and justice it self ) wherein ( beyond all presidents since the creation ) they most presumptuously condemned , murdered , beheaded their own lawfull hereditarie protestant king ( against all their former oathes , protestations , vows , covenants , remonstrances , declarations , obligations , allegiance , the laws of the land , the principles of the protestant religion , and dissenting votes , protestations , disswasions of the secluded lords , commons , scots commissioners , london ministers ; the intercessions of forein states , and our . whole kingdoms , ) together with protestant peers soon after : after that , close imprisoned my self , sir william waller , sir william lewes , major general brown , with sundrie other members divers years in remote castles , without any hearing , examination , cause expressed , or the least reparatiō for this unjust oppression ; exercising far greater tyrannie over the peers , their old fellow members , and all english freemen , during the time of their regality in every kind , than the beheaded king or the worst of his predecessors ; were not by a most just , divine retaliation and providence ( when they deemed themselves most secure and established ) even for these their transcendent treasons , perjuries , tyrannies , violations of the rights , privileges of parliament , their own sacred oathes , protestation , league , covenant , suddenly dissolved , dissipated , thrust out of doors , apr. . . by cromwel and the armie-officers in a forcible shamefull manner , with whom they confederated all along , though they received new commissions from , & engaged to be true and faithful to them without a king or house of lords , and branded by them to posteritie in their printed declaration , april . . as the corruptest , and worst of men ; intollerably oppressing the people , carrying on their own ambitious designes , to perpetuate themselves in the parliamentarie and supreme authoritie , the archest trust-breakers , apostates , never answering the ends which god , his people , and the whole nation expected from them , &c. col. harrison himself ( the chairman at windsor committee to secure us ) being the very person imploied by cromwell to pull their speaker lenthall out of the chair , and turn him with his companions out of doors ; cromwell himself then stigmatizing sir henry vane , henry martyn , tom challoner and others of them by name , with the titles of knave , whoremaster , drunkard , &c. and not long after to requite his good services , he suddenly turned col. harrison , rich , and their party out of the com-house by force , dissolved their anti-parliamentarie conventicle ( elected only by the armie ) dec. . . whiles they were seeking god for direction ; and soon after cashiered both these * collonels , ( his former greatest instruments ) out of the armie , sent them close prisoners to remote castles garded with armie troops ; and as they and their troops when they seised major general brown , with other members , and conducted them to windsor castle , and other prisons , refused to acquaint them whither they were to be sent : so m. jossop the clerk of their council of state , ( who brought these colonels to the coach at whitehall garden door , when they were conveyed prisoners to remote castles ) and their conductors denied to inform them to what places they were committed ; whereupon they cried out to the troopers which garded them ; gentlemen , is this the liberty you and we have fought for , to be sent close prisoners to remote-garrisons from our wives and families , they will not tell us whither ? will you suffer your own collonels , officers , who have fought for laws , liberties , and have been members of parliament to be thus used ? to which they answered , as themselves did in the like case to other secured members , conducted by them : we are commanded , and must obey , not dispute our orders ; and so were hurried away : as an eye and ear witnesse of the old parliament , related to me within one hour after . yea young sir henry vane himself ( the bold prejudger of our debates and vote in the house touching the kings concessions , if not a promoter of our unjust seclusion for it , ) was-unexpectedly and suddainly , not only thrust out from all his imployments , as well as out of the house , but sent close prisoner by cromwell to carisbrook castle in the isle of weight , the very place where he betrayed his trust to the king and parliament at the treaty , to gratify cromwel , who by an extraordinary strange providence , sent him close prisoner thither for sundry months , to meditate upon this divine retaliation . whether may not all this dissolved juncto and its members , from these wonderful judgements , providences , now conclude and cry out with that heathen cruel tyrant adonibezeck , jud. . . as i have done , so god hath requited me ? and acknowledge the truth of gods comminations against all treacherous betrayers and potent oppressors of their brethern ; obad. . as thou hast done , it shall be done unto thee , thy reward shall return upon thine own head . ps , . , he made a pit and digged it , and is fallen into the ditch which he made ; his mischief shall return upon his own head , and his violent dealing upon his own pate . rev. . , . if any man have an ear to hear , let him hear ; he that leadeth into captivity , shall go into captivity ; he that killeth with the sword , shall be killed with the sword . here is the patience , and faith of the saints . o that all real and pretended saints , in the dissolved juncto and army , would now consider and believe it : as i lately pressed them to do , in the cloze of my good old cause truly stated , and the false vncased ; yet they would not regard it . whether their illegal forcible wresting the militia of the kingdom totally out of the kings hands into their own ; as their only security to sit in safety ; and perjurious engaging all officers , souldiers of the army in england , scotland , and ireland , to be true , faithfull and constant to them without a king or house of lords ( by subscriptions in parchment rolls returned to them under all their hands ) contrary to their former votes , declarations , remonstrances , protestations , oaths , vows , covenants , trusts , yea the very writs , returns which made them members , their own souldiers , army-officers first commissions , declarations , remonstrances , proposals ; and depending on this g arme of flesh , or broken h reed of aegypt , as a most sure invincible guard , security , from all forces , and enemies whatsoever that might assault , dishouse , dethrone them from their usurped supream regal and parliamental authority over the three nations , and their hereditary kings , * whom they would not have to reign over them ; hath not been most exemplarily and eminently requited by gods avenging providence , in making the very self-same army most treacherous and perfidious to themselves , to rise up , rebel against them several times , and turn them out of house , power on a sudden when they deemed themselves most secure ; to make themselves more than kings and lords over them and our whole . kingdoms ; and i an host of the high ones that are on high upon the earth : reviving that ataxie , which solomon complained of as a great error in government , and a divine judgement upon the authors of state-innovations . eccles. . , , , . folly is set in great dignity , and the rich sit in low place ; i have seen servants on horseback , and princes walking as servants upon the earth . he that diggeth a pit shall fall into it , and who so breaketh an hedge a serpent shall bite him : whosoever removeth stones shall be hurt therewith , and he that cleaveth wood shall be endangered thereby ? whether that curse and judgement , jer. . , . thus saith the lord , cursed be the man that trusteth in man , and maketh flesh his arm , and whose heart departeth from the lord ; for he shall be like the heath in the desart , and shall not see when good cometh ; but shall inherit the parched places in the wilderness , a salt land , and not inhabited : hath not justly befallen them and our nation , for relying on & trusting to an arm of flesh , an * assembly of treacherous men , whom themselves taught , encouraged to be treacherous , perjurious to the king , parl. lords , their fellow-members , and k thereby to themselves ; yet voted , cried them up for their faithfull army , saviours , deliverers , protectors , shields , and only safeguard , after they had dealt treacherously with themselves , and all their other superiors ; and proved like m aegypt to the israelites who trusted on them : when they took hold of thee by the hand , thou diddest break and pierce through the hand , and rent all their shoulder , and when they leaned upon thee , thou brakest and madest all their loins to be at a stand ; yea , dissolved , and n broke them in pieces like a potters vessel , so that there shall not be found in the bursting of it , a sheard to take fire from the hearth , or water out of the pit . and may we not then take up this song of the lamb ? rev. . , . great and marvellous are thy works lord god almighty ; iust and true are thy wayes thou king of saints ; who shall not fear thee , ô lord , and glorifie thy name , for thy iudgements are made manifest ? whether their clandestine , sudden , indirect stealing into the commons house again , may . . upon the army-officers invitation and declaration , ( who formerly turned them out of it with highest infamie , contempt and desamation april . . ) after about . years dissolution , and . intervenient vnparliamentary conventicles , ( wherein manie of them sat as members , and acted as in parliaments ) by pretext of their old writs and elections as members of the long parliament , actually and legally dissolved by their traiterous beheading of the king near . years before , as i have * elsewhere proved ; without any new writs of summons , resummons , elections , or the privitie of their former electors or fellow-members : their forcible secluding of my self , sir george booth , mr. ansly , and all other formerly secluded members , and others not fitting with them from . til april . . by army-officers and guards of souldiers placed at the door for that end , and their justification , and continuing of this new seclusion as well as the old : their usurping to themselves the title , power of the parliament of the commonwealth of england , scotland and ireland , and supreme authority of the nation : their exercising both the highest regal , parliamental , legislative , tax-imposing power over our nations , ( the worst , highest of all other treasons ; ) their creating new unheard of treasons , exiles by their bare proclamations , imposing new intollerable taxes , excises , militiaes on the whole nation , against all laws , and our fundamental liberties , franchises . their most injurious , illegal , unpresidented proclaming of sir george booth , sir thomas middleton , with other old and new secluded members of the long parliament , and all their adherents , traytors , enemies to the common-wealth , and apostates , not only in all counties and corporations , but churches and chapels too throughout the nation , to abuse both god and men , only for raising forces by virtue of ordinances and commissions granted them by the long parliament ( which themselves pretended to be still continuing ) to defend the rights and privileges of parliament , to call in all the surviving members of both houses to fit with them , or procure a free and full parl duly summoned , aecording to the protestation , vow , league , covenant , and laws of the land , being their own and the whole nations birthright , for defence whereof the armie it self was both raised , continued , and themselves in their proclamation of may . . and declaration of march . . promised inviolably to maintain ; which their own consciences knew to be no crime nor treason at all , but an honest , legal , honorable , necessarie undertaking , justified by all their former votes , orders , ordinances , commissions for raising forces against the kings partie for the self-same end : and themselves greater traitors , enemies to the kingdom and republike , than strafford , canterbury , or the beheaded king , in proclaming their defence of this undoubted inheritance of all english freemen against their tyrannical usurpations thereon , to be treason and apostacy : their sending out major gen. lambert , ( who invited them into the house may . conducted them into it , but secluded sir g. booth & other members out of it , may . took a new commission from them afterwards in the house , and promised with manie large expressions , to be true , faithfull , constant , and yield his utmost assistance to them , to sit in safety and support their power ) with great forces against sir george booth and all his adherents in this cause , being the majority of the old parl. and of the people of the nation , and the true old parliament if continuing , to levie actual warr against them ; declared * high treason by sundrie votes and former declarations , and so resolved by themselves in their impeachments against the beheaded king , the earl of holland , lord capel , and sundrie others ; who accordingly levied war against them , routed their forces , reduced their garisons , imprisoned their persons , sequestred , confiscated their estates as traitors ; secured , disarmed sir will. waller , mr. holles , with sundrie other old members , promised rewards for bringing in the persons or heads of others they endeavoured to secure , against all rules of law , and christianitie ; kept a publike humiliation for their good successe against sir george booth and his adherents , and after their defeat a publike thanksgiving through westminster and london , to mock god himself ( * who will not be mocked ) to his very face , and ordained a publike thansgiving throughout the whole nation , to abuse both god and them , for their great deliverance from the most dangerous plot and treason of sir george booth , and his party ; ( to bring in all the old members to sit with them , without turning those then sitting out , or to procure a free parliament , ) that so their anti-parliamentary conventicle , by this pretext , might exercise a perpetual tyrannie , and parliamental authority over them ; and none thenceforth dare demand a full and free parliament for the future , under pain of highest treason , apostacie , and the losse of their very heads and estates ? whether all these their transcendent high treasons , with their former , against the k. secluded members , lords , parliament , people , were not by a most signal miraculous providence and justice of god himself recompenced immediately after upon their own , lamberts , and other armie-officers heads , by making their routing of sir george booth and his party , after their first thanksgiving for it , before the next day of general thanksgiving came , the very occasion of their sudden unexpected dissolution : . by over-elevating lamberts , his officers and brigades spirits , ( notwithstanding the signal marks and rewards of their favours towards them , for the present , and future promises of advancement for their fidelity to them in this service ) to enter into contestations with them by their petition and representations . ly . by raising the differences and jealousies between them to such a height and open enmitie , notwithstanding all their large votes & compliances to satisfie them , all means , mediations of friends , and the londoners publike feast on their thanksgiving day , to reconcile them ; as to incense the juncto to vote major harrison ( a chief agent , chairman for the old members first seclusion ) uncapable of any publike trust or office : to vote lambert , disbrow , creed , and more field officers out of their commands , null their commissions , and dispose of their regiments to the next officers , without any hearing or examination ; if not threatning to commit lambert to the tower as a traytor ; to repeal fleetwoods commission and knack to be lieutenant general of their forces in england and scotland ; and put the command of the army and new militia under . commissioners , to wrest the power of them both into their own hands . ly . by exasperating lambert and his confederates by these votes so far against them , & giving them such favour with the armie , as to draw up the greatest part of the forces about london in battel array against them ; and notwithstanding their partie in the armie , whereof they had made many of themselves colonels , their interest in the militia of westminster , london , southwark , and sir henry vanes two regiments of gathered churches ( who were disgregated and kept their chambers all that day , not one of them appearing in the sield , because their valiant collonel took a clyster pipe into his fundament , instead of a lance into his hand in the day of battel , and durst not hazard a broken pate in the quarrel ; ) and then in a hostlle warlike manner to besiege many of them in whitehall , block up all passages to the house , seise upon their old speaker with his coach , mace , and new general ( without a sword , armie , troop or company ) from whose hands they had freshly received their commissions , turning him back from whence he came ; to charm all the junctoes forces so , as to march away without drawing one sword , or shooting one bullet in their defence , so true , faithful , were they to their good old cause , as well as to their new protectors , as to deem neither of thē worth one bloodie nose . . by engaging lambert & his party , notwithstanding all endeavoured & seeming accommodations between them , to seise upon their house , and their provisions of ammunition and victuals in it : to lock up the doors , and keep constant guards upon the stairs to seclude all these their new lords and masters , as they did on may , . and afterwards seclude their fellow-members ; and not content herewith , by a printed plea for the army , and declaration of the general council of the army , sitting at wallingford house , which called them in , and thus shamefully not long after turned them out of doors , ( usurping to themselves both a regal authority to call and dissolve parliaments , ( as they repute and stile them ) and a parliamental too , in making and repealing acts of parliament ( as they deem them ) at their pleasure ; ) they not only justifie this their forcible ejectment , seclusion to all the world by lex talionis , even their own abetting , approving , justifying the armies former seclusion of the major part of their fellow members , who were the house , & the whole house of lords , and securing the leading members , when overpowred by them , and appealing to the armies judgements therein : but also put a period to their assemblie : branded , nulled , repealed , declared their last votes , acts , proceedings void to all intents and purposes whatsoever , as if they had never been made ; censured them as imperfect , ineffectual , irregular , unparliamentary , illegal , pernicious , rash , inconsiderate ; branding each other in several printed papers , for traytors , trust-breakers , treacherous , perfidious , faithless , vnrighteous , ambitious , self-seeking usurpers of the soverain power , oppressors of the free people of england , and invaders , betrayers of their liberties & birthrights : thereby declaring the old secluded members , the only honest , faithfull , constant , consciencious men , adhering to their good old cause , oaths , covenant , principles , and the publique interest ; and sir george booth himself to be no traytor , but truer patriot of his country than any of themselves , as dying purefoy openly acknowledged before his death , and others of them confesse in private , since even lambert himself hath done and exceeded that work , they feared he would doe , by dissolving their conventicle , & turning thē out of house & power , which sir george did not design . whether all these strange unparalleld , sudden , unexpected animosities , divisions between themselves ; their uncommissioning , dissolving , cashiering , disofficing one another , ( which i truly predicted to them from scriptures and former providences , in my good old cause truly stated ; my true and perfect narrative , p. . . and vindication of the old and new secluded members , p. , . ) be not the very finger of god himself , the lords own doing , truly marvellous in all our eyes ; yea the very particular judgment menaced by god himself against all such traitors and innovators , as most audaciously and professedly violate , with the highest hand this divine precept , prov. , , . my son fear thou the lord and the king , and meddle not with those that are given to change ; for their calamity shall soddenly arise , and who knoweth the ruine of them both ; and a verification of prov. . ? if not a divine infliction of the very confusion and punishment denounced by god himself against aegypt of old for their crying sins , isay . , &c. i will set the aegyptians against the aegyptians , and they shall fight every one against his brother , and every one against his neighbour , city against city , and kingdom against kingdom : and the spirit of aegypt shall fail in the midst thereof , and i will destroy the counsel thereof . surely the princes of zoan ( the juncto , and armies general council ) are become fools ; the princes of noph are deceived ; they have also seduced egypt , even they that are the stay of the tribes . thereof . the lord hath mingled a spirit of perversities amongst them , & they have caused egypt , ( yea england , ) to erre in every work thereof , as a drunken man staggereth in his vomit ; neither shall there be any work for aegypt , which the head or tayl , branch or root may do ; to defend or establish themselves or their pretended yet unformed free-state . and may not they all then and others too upon the consideration of all the premises , justly cry out with the apostle in an holy admiration , rom. . . o the depth of the riches both of the wisdom and knowledge of god! how unsearchable are his iudgements , and his wayes past finding out ? . whether the juncto and their high court of injusticemen , who had any hand , vote , in the traiterous , perfidious beheading of their late protestant king , the head of the parliament ; dissolving and blowing up the whole house of lords , the majoritie of the commons house , the whole old parliament , kingdom , kingship ; the prince of wales , next heir and successor to the crown ; the rights , privileges , freedom of parliament , the fundamental laws , liberties , government of the nation , and our established protestant religion , against all their oathes , allegiances , trusts , duties , votes , declarations , remonstrances , protestations , vows , solemn leagues , covenants obliging them to the contrarie ; can with any faith , boldness , confidence , pietie , or real devotion appear before the presence of god , angels , men in any of our congregations on the of november , the * joyfull day of our deliverance , from the popish gunpowder treason , publikely celebrated every year ; to render publike thanks to almighty god , and ascribe all honour , glory and praise to his name , for his great and infinite mercy in delivering the king , queen , prince , lords-spiritual and temporal when assembled in the lords house , nov. . an. . ( from this plot of malicious , divellish papists , jesuites and seminary priests , who maligning the happiness and prosperity of our realm , church and religion under a protestand king , and its promising continuance to all posterity , in his most hopefull , royal , plentiful progeny , intended to blow them all up suddenly with gunpowder , but were through gods great mercy miraculously delivered from this suddain horrid treason , by a wonderful discovery thereof some few hours before it was to he executed ; ) when as themselves have outstripped them by many degrees in executing , accomplishing far more than what they only intended , but could not effect ; yet reputing themselves protestants , and the eminentest of all saints ? whether they can without the greatest horror of conscience , confusion of face , spirit , consternation of minde , and grief of heart , henceforth presume to appear before the presence of god , or any english protestants at any time , especially on this day , before they have publickly lamented , confessed , repented , and made some open eminent satisfaction , for those transcendent new gunpowder-treasons , far worse than the old of the jesuits and papists , by whom they were acted in this ; especially if they consider gods expostulation with such sinners . ps. . , . what hast thou to do to declare my statutes , or that thou shouldest take my covenant in thy mouth ? seeing thou hatest instruction , and hast cast my words behind thee . when thou sawest these powder-traycors , thou consentest with them , and hast been partaker with these murderers , and adulterers . and that of rom. . , , . therefore thou art inexcusable , o man , whoever thou art that judgest : for wherein thou judgest another , thou condemnest thy self : for thou that judgest , dost the same things . but we know that the judgement of god is according to truth , against those who commit such things . and thinkest thou this , o man , that judgest them which do such things , and dost the same , ( nay worse ) that thou shalt escape the judgement of god , & c. ? . whether those turn-coat peace-abhorring , self-seeking , shameless members , and lawyers , who ( though not fifty in number ) sitting under a force after the seclusion of the majority of their fellow-members , decemb. . resolved , that the vote passed in a full house july . . that a treaty should be had in the isle of wight , with the king in person , by a committee appointed by both houses , upon the propositions presented to him at hampton court : was highly dishonorable to the procéedings of parliament , and destructive to the peace of the kingdom . and that the vote of . decemb. . ( passed without dividing the house when there were members in it ) that the answers of the king to the proposition of both houses , are a sufficient ground for the house to proceed upon , for the settlement of the peace of the kingdom : is highly dishonorable to the parliament , and destructive to the peace of the kingdom , and tending to the breach of the publick faith of the kingdom . and in their declaration of . january . expressing their reasons for annulling and vacating these votes in this manner ; declared them to be highly repugnant to the glory of god , greatly dishonorable to the proceedings of parliament , and apparently destructive to the good of this kingdom : ( adding ) yet we are resolved , and that speedily , so to settle the peace of the kingdom by the authority of parliament , in a more happy way than can be expected from the best of kings ; which they never since performed in the least degree , but the direct contrarie , embroiling us in endless wars , seditions , tumults , successions , revolutions of new-modelled governments , and anti-parliamentary conventicles ever sithence . after that suppressed our kings and kingly government , as the instruments , occasions of tyranny , injustice , oppression , luxury , prodigality and slavery to the commons under them ; together with the whole house of lords , as dangerous , vselesse , dilatory to the procéedings of parliament , &c. in their votes of febr. . and declaration of martii . expressing the grounds of their late proceedings , and setling the government in way of a free state . next , prescribed , subscribed an ingagement to be true and faithfull to the commonwealth established by them without a king or house of lords . yet afterwards in their new modelled parliament ( as they reputed it ) april . by their petition and advice , ( as first penned , passed and presented to cromwell for his assent : ) declared the revival of kingship and kingly government , absolutely necessary for composing the distractions , and setling the peace and tranquillity of our nations ; advised , petitioned , and pressed him to accept the name , title , power and soveraign authority of a king , over our three kingdoms , and the dominions thereunto annexed ; voted him to be king thereof , with a constant revenue of no lesse than twelve hundred thousand pounds a year in perpetuity , and five hundred thousand pounds more for . years space , out of the peoples exhausted purses , after most of the antient lands and revenues sold , when as they themselves affirmed and published in their declaration of march . . p. . that the justisiable , legal revenue of the crown under king charls ( besides the customs and some other perquifites , charged with the maintenance of the navie and forts ) fell short of one hundred thousand pounds per annum . this new-augmented revenue for their new king olivers support being above . times more than any of our lawful kings ever enjoyed . and when cromwell pretended dissatisfaction in point of conscience , to receive the kingship and kingly government on him ; the very lawyers , members , officers , who drew the declarations and reasons for abolishing kingship , kingly government and house of lords , were the committee appointed to confer with him . several times , & draw up reasons to satisfie him , why he might and ought in reason , law , policie , conscience to accept the kingship and kingly title , for his own and the publike safety . which he refusing ( against his desire ) they voted him their royal protector , took an oath to be true and faithfull to him , and to his son richard after him , and to act nothing against their persons or power ; created themselves another house , assumed to themselves the title of lords , and the house of lords , notwithstanding their engagements against is under all their hands . yet soon after dethroned their young protector , nulled all his conventions wherein they sate , with all lordships , knightships , and offices granted by their protectors , as illegal ; revived their anti-parliamentary juncto , after it had layen buried in oblivion above years space , in may last ; and in july following prescribed a new oath and ingagement to all officers , & others who would enjoy the benefit of their knack of indemnity ; to be true , faithful and constant to their common-wealth ( though yet unborn ) without a single person , kingship , or house of lords ? whether such double-minded men , unstable in all their wayes , jam. . . can ever be deemed chosen instruments ordained of god , to settle the peace , or government of our nations ? whether the prophet isay chap. . and the apostle paul , romans . . &c. have not truly characterized them : there is none righteous , no not one ; there is none that understandeth , there is none that seeketh after god ; they are all gone out of the way , they are all together become unprofitable , there is none that doth good , no not one : their throat is an open sepulcher , with their tongues ( yea oathes , protestations , declarations , covenants ) they have used deceit , the poyson of asps is under their lips : their feet are swift to shed bloud , ( the bloud of their protestant king , peers , brethren , allies , fellow-subjects , by land and sea , at home and abroad , in the field , and in new butcheries of highest injustice , ) destruction and misery are in their wayes , and the way of peace they have not known ; there is no fear of god before their eyes : they have made them crooked pathes , whosoever goeth therein shall not know peace . therefore is judgement far from us , neither doth justice overtake us ; we wait for light , but behold obscurity ; for brightness , but we walk in darkness : we grope for the wall like the blind , as if we had no eyes , we stumble at noon-day , as in the night ; we are in desolate places like dead men : we roar all like bears , and mourn sore like doves ; we look for judgement , but there is none ; for salvation , but it is farr off from us . . whether god himself hath not given the anti-parliamentary juncto , and general council of army-officers hitherto , in their jesuitical project of bringing forth a mis-shapen monstrous commonwealth , and whymsical freestate , to establish things amongst us , a miscarrying womb , and dry brests ; so as we may justly say of them as the prophet did of ephraim , hos. . , , . . ephraim is smitten , their root is dryed up , it shall bear no fruit ; yea , though they bring forth , yet will i even slay the beloved fruit of their womb : their glory shall fly away like a bird , from the birth , and from the womb , and from the conception ; as their commonwealth whimsies have done ? whether gods signal over-turning , and forcible dissolving the juncto by the army-officers , twice one after another in the very generation of this jesuitical brat , before it was formed in the womb , to disinherit our antient hereditarie legitimate kings and kingship , and their turning of all things upside down ( our kings , kingdoms , parliaments , lords house , lawes , liberties , oathes , church , religion , to make way for its production ) hath not been like the potters clay , ( a rude deformed chaos , without any lineaments , or shape at all ; ) so as the work yet saith of him that made it , he made me not ; and the thing formed saith of him that formed it , he hath no understanding , isa. . ? whether these new babel-builders , whiles they have been building this new city and tower , to keep them from being scattered upon the face of the whole earth , * have not like the old babel-builders , been confounded in their language by god himself , that they might not understand one anothers speech , and scattred abroad thence upon the face of the earth , though guarded by their faithfull army , on whom they relyed for protection , so that they left off to build their babel , like them ? their city of confusiō is broken down , & every house ( yea their own parl. house ) shut up ; in the city is left desolation , and the gate is smitten with destruction . isay . , . it shall lie waste from generation to generation , none shall passe through it for ever and ever ; but the cormorant & the bittern shall possess it ; the dwl also & the raven shall dwell in it , and he shall stretch out upon it the line of confusion , and the stones of emptiness ? whether their and the armies endeavours to set up an vtopian commonwealth , instead of our old hereditarie kingship , is not a * direct fighting against god , and the express precepts , ordinances of god himself , prov. . , . c. . . c. . , . rom. . , . tim. . , , . tit. . . pet. . . ? yea against the good providence , mercie , favour of god towards our kingdoms and nations for their establishment ; the want of a lawfull , hereditary king , to reign over a kingdom and nation , and a multiplicity of governors , kings , ( especially of inferiour rank ) and reducing the people to such a confused sad condition ; that they shall call the nobles thereof to the kingdom , but none shall be there , and all her princes shall be nothing ; so that she hath no strong rod left to rule , being a matter of present and future lamentation , a severe judgment of god for their sins , and wickednes , yea an occasion of all wickedness , licentiousness , villanies , confusion , and an immediat forerunner or concomitant of tha kingdoms and nations desolation , ruine by gods own resolution , hos. . . c. . . . ezech . , . , isa. . , , . judges . &c. c. . . &c. c. . . prov. . . c. , . hab. . . , . and is it not so now of ours ? . whether the late peition and advice . to reduce us again to a kingdom and kingship , to which w. lenthal , mr. speaker , whitlock , & many others of the dissolved juncto assented , as it was first penned , voted , passed by them and many army-officers , as the only means to settle us in peace , honor , safety , prosperitie ; be not a convincing argument , that in their own judgements , conscience ; kings & kingly government , are englands only true interest , to end our wars , oppressions , distractions , prevent our ruine , and restore our pristine unitie , peace , honor , safety , prosperitie , trade , glorie ? and whether it be not a worse than bedlam madness , and grosse error both in policie and expeperience in our republican juncto and army-officers , to endeavour to erect utopian , jesuitical republike among us , ( which hath produced so many sad publique changes , confusions , and made us a meer floating island , tossed about with every winde of giddy-brain innovators ) as the only means of our firm , lasting happinesse ; and to prevent all future relapses to monarchie after king charls his beheading ; which this notable censure of the incomparable philosopher * seneca passed against that great republican and anti royallist , m. brutus , will abundantly refute . cum vir magnus fuerit in aliis , m. brutus , mihi videtur in hâc re vehementer errare , qui aut regis nomen extimuit , cum optimus civitatis status sub rege justo sit : aut ibi speravit libertatem futuram ubi tàm magnum praemium erat , et imperandi et serviendi ; futuramque ibi aequalitatem civilis juris , et staturas suo loco leges , ubi viderat tot millia hominum pugnantia , non ne serviret , sed utri : ( our present condition between the ambitious , usurping antiparliamentary juncto , and divided army-commanders , all contending which of them shall be the greatest , and who shall most oppress , enslave our nations to their tyrannie , farr more exorbitant than the very worst of all our kings ) quantum verò illum , aut rerum natura , aut vrbis suae tenuit oblivio qui uno interempto ( rege ) defuturum credidit alium qui idem vellet ; cum tarquinius esset inventus post tot reges ferro et fulmine occisos ; even in rome it self , and we in england since the beheading of king charles , and voting down kings , kingship , with the old house of lords , and ingagements against them , have soon after found , a more than royal protector oliver , usurping the wardship of our poor infant common-wealth , aspiring after a kingship and crown whiles living ; and crowned in his statue , herse , scutcheons as both king and conquer or of our three kingdomes after his death ; bearing three crowns upon his sword , as an emblem of it : a momentanie protecter richard after him ; a new self created other house , assuming to themselves the title of lords & the house of lords ; after an old lords house suppressed ; since that , a charles fleetwood , and john lambert , aspiring after the soveraign power , as their late and present actions , declarations more than intimate , and dissolved juncto affirm : and an exiled hereditarie king charles , with a numerous royal posteritie after him , claiming the crown and kingship by lawfull indubitable right , declared , ratified by the vnrepealed statutes of jacobi , c. . jacobi , c , , , jacobi c. . the * oathes of supremacy , allegiance , fealty ; of all mayors , recorders , freemen of every corporation and fraternity , of all justices , judges , sheriffs , officers of justice , graduates in vniversities or innes of court , ministers , incumbents , all members of the commons house of parliament , and all other freemen sworn in our leets ; who by the powerfull assistance of their forein friends and allies , and domestick , oppressed , discontented , divided , ruined subjects , will in all probabilitie be restored to the crown , sooner or later , ( as aurelius ambrosius after the murder of his father and brother by the vsurper vortigerne , ) was called in , restored and crowned king by his own british subjects , to deliver them from vortigerns and his invading saxons tyranny , after years usurpation ; and edward the confessor , called in and crowned king by his nobles and subjects , after . years dispossession of his right by the danish vsurpers , and all the danes expelled , without any effusion of blood ; as i have * elsewhere evidenced at large out of our best historians . . whether gods extraordinarie sudden treble miraculous overturning . of the juncto when best established and most secure , after their victorious successes against the irish , scots , hollanders , worcester-fight , and league with spain by their own general cromwel april . . without one drawn sword or drop of bloud , . of protector * richard ( and his brother henry too , deputy of irel. ) by his brother fleetwood , unkle disbrow , & other army-officers , after all their oaths , and addresses to him from them and all the officers , soldiers , navy , most counties , corporations in england , scotland , ireland to be true , faithful , loyal , obedient to , and live and die with him , in the midst of his parliament , declaring , voting for , and complying with him ; when most men thought it impossible to overturn or depose him . ly , of the revived antiparliamentary juncto , after sir george booths , and all their visible opposites total rout and disappointment , when * themselves and others esteemed them so well rooted , guarded , that there was no hopes nor possibility left of dissipating , dissolving them , or abolishing their usurped regal and parliamental power , even by the very instruments that called them in , and routed their enemies ; be not a real , experimental verification of ezech. . , . by way of allusion to our own governours and kingdom , thus saith the lord god ; remove the diadem , and take off the crown ; exalt him that is low , and abase him that is high : i will overturn , overturn , overturn it , till he shall come whose right it is , and i will give it him ? . whether the late junctoes and army-officers doubling , trebling , quadrupling of our nations monthly taxes , excises , militiaes , grievances , oppressions of all kinds by their usurped power ; their consumption , devastation of all the crown-lands , rents , and standing revenues of the kingdom ; of bishops , dean and chapters lands , and many thousands of delinquents real and personal estates , and greatest part of most mens privat estates , only to make them greater bondslaves to them than ever they were to any kings ; without benefiting or easing them in any kind ; and to murder one another by intestine , unchristian warrs , butcheries : and their monstrous giddiness , intoxication in all their premised councils , new models , and rotations of government , ever since they turned the head of our kingdoms ( which should rule , direct the whole body ) downwards , and the heels uppermost , to animate and steer it , against the course of nature , the rules of law , policie , christianitie : and gods * hedging up all their new by-wayes with thorns , and making a wall cross them , that the people are not able to find their pathes : nor to overtake , nor finde their new lovers they have hitherto followed and sought after , and those mad new whymfies the jesuites infuse into their pates from time to time , to make them and our nation ridiculous to all the world till utterly destroyed : may not justly engage our three distracted nations , and themselves too now , at a total loss ; to resolve and say with the israelites , ( when revolted from their rightfull kings of the house of david in the like case ) hos. . . i will go and return to my first husband , for then was it better with me than now : and to imitate the israelites in the case of king david when expelled his realm by his usurping son absoloms rebellion , after his rout and slaughter , sam. . . &c. and all the people were at strife throughout all the tribes of israel , saying ; the king saved us out of the hands of our enemies , and he delivered us out of the hands of the philistins ; and now he is fled out of the land for absolom , and absolom whom we anointed king over us , is dead in battel ( as their pro. oliver , richard and dissolved juncto are in a moment ) now therefore why are ye silent , and speak not a word of bringing back the king to his house : and zadok and abiathar the priests , spake unto the elders of judah saying ; why are ye the last to bring the king back to his house ; seeing ye are his brethren , of his bone and his flesh ? and amasa bowed the heart of all the men of iudah , even as one man , so that they sent this word unto the king ; return thou and all thy servants . so the king returned to jordan ; where all the people of iudah , and half the men of israel met him , and conducted him safe to gilgal ; and the men of judah c●ave unto their king from jordan even to ierusalem ; and re-established him in his kingdom . whether this be not the only safe , true , legal , prudential , christian , speedy and ready high-way to their present and future peace , ease , safety , settlement , wealth , prosperitie , both as men and christians , without any further effusion of christian bloud , expence of treasure ; not other new vertiginous models , army councils , treaties , tending to further confusions ; ( out of which the nobilitie , gentry , ministry , freeholders , citizens , burgesses , merchants , commons , sea-men , parliaments of our . nations are totally secluded , like meer cyphers , by the juncto and army-usurpers , as if they were meer aliens , and wholly unconcerned in their own government , settlement , who will never acquiesce in any thing , but what themselves in a free parliament shall resolve on . ) * consider of it , take advice , and speak your minds , without fear , hypocrisie , or partiality . and whether we be not a people marked out and fitted for inevitable destruction ( having all the symptoms , fore-runners of it and sins that hasten it now lying upon us ) if we * brutishly reject this only means of our preservation , and follow the destructive whymsies of those giddy-pated usurping raw stears-men ? of whom we may justly say with the prophet isay . , , . behold the lord of hosts doth take away from jerusalem and judah the stay and the staff , the honourable man and the counsellor : and i will give children ( in state-affairs and understanding ) to be their princes , and babes shall rule over them . and the people shall be oppressed every one by another , and every one by his neighbour : the child shall be have himself proudly against the ancient ; and the base against the honourable ( as now they doe ; ) o my people , they which lead thee , cause thée to erre , and destroy the way of thy pathes ; and they that are led of them ( in their new jesuitical by-wayes ) are destroyed , by intestine divisions and forein invasions , as in isay . . to . a sad emblem of our present condition , and approaching destruction , worthy our saddest meditations . whether the twice dissolved anti-parliamentary juncto by their own knack of the . of october , and paper printed by their special permission and command since their dissolution ; intituled , the parliaments plea ; declaring , resolving , p. , , . that the people of england are of right , a frée people , to be governed by their own elected deputies and trustees in parliament ; it being owned on all hands , both by parliament and army , and all the good people engaged with them . that the people under god are the original of all just authority ; and other original and foundation no man may lay . that to deprive or deny the people of this inheritance , is treason , rebellion and apostacy from the good did cause of the english nation ; for as much as a people free by birth , by laws , and by their own prowess , are thereby rendred and made most absolute vassals & slaves , at will & power ; and greater treason than this no man can commit . that to levy money upon the people without their consent in parliament is treason , for which every man that so assesses , collects , or gathers it , is to be indicted for his life , and must dye as a traytor ; not only by their late knack , but by the fundamental good did laws of the land , against which no by-law is to be made : this being a fundamental law , and one of the main birth-rights of england ; that no tax or levy is to be layd upon the people but by their consent in parliament ; be not guilty of the greatest , highest treason , rebellion and apostacy from the good old cause of the english nation , ( and the army-officers too confederating with them ) by depriving and denying the free people to be governed by their own elected representatives & trustees in a free parl. by secluding four parts of five of the knights , citizens , burgesses , & barons of ports out of the long parl. whiles in being dec. . with armed power : by usurping to themselves the royal , parliamentary legislative supream authority over the people , and laying , assessing , levying , intollerable excessive taxes , excises , militiaes upon them , without , yea against their consents and protestations ; and without the consents of the farr greater part of the commons house , the king or house of lords , which they forcibly secluded , suppressed , destroyed , against their fundamental laws , liberties , privileges , birth-rights , protestations , declarations and solemn league and covenant ; by making them most absolute slaves , vassals from . till their dissolution in april . . and invading , inslaving , destroying their protestant brethren of scotland , and allies of holland by land and sea , to the undermining , endangering of the protestant religion ; by imposing new oaths and engagements on them diametrically contrary to the oathes of supremacy and allegiance ( which they all solemnly took as members before they entred the house ) and disabling all to sue in any court , or enjoy the benefit or protection of the laws for which they fought , and to which they were born heirs , who refused to take their treasonable , perfidious ingagements ; by securing , imprisoning thousands of freemen , close imprisoning sundry members of the old parliament , ( my self amongst others ) divers years in remote castles , and keeping us from gods publike ordinances , without any accusation , hearing , trial , or legal cause of commitment , expressed in their warrants . by presuming upon the army and officers sodain invitation after the old parliaments dissolution by the kings death , and their above . years dissipation by the army , without the election or privity of the people , to sit and act as the parl. and supream power of the nation ; to seclude at least . parts of . of the old surviving members by force , and proclaiming sir george booth , sir thomas middleton and other members and freemen of england traytors , and levying war against them , only for raising forces to induce them to call in all the old secluded members , or to summon a new free parliament , and for opposing their new illegal taxes , excises , militiaes , imposed and levyed on the people , without their common consent in parl. deserve not to be all indicted , executed , and their estates confiscated as traytors , for these their successive reiterated high treasons by their own resolutions , & sir george & his adherents totally acquitted frō the least imputation or guilt of treason ? whether their branding , sequestring them for traytors , apostates , enemies to the publike against law & conscience too , hath not justly brought that wo & judgment upon their conventicle , isa. . , , . wo unto them that call evil good , and good evil ; that put darknesse for light , and light for darknesse ; that put bitter for sweet , and sweet for bitter ; and take away the righteousnesse of the righteous from him . therefore as the fire devoureth the stubble , and the flame consumeth the chaff , so their root shall be rottennesse , and their blossom shall go up as dust ; because they have cast away the law of the lord , ( and of the land too ) and despised the name of the holy one of israel . for all this his wrath is not turned away , but his hand is streched out still . whether the anti-parliamentary junctoes and army-officers , beheading of their late protestant king , against the votes , protestations , of the generality of the parliament and his . protestant kingdoms , and mediations of all foreign protestant agents then in england ; their banishing , expelling his royal protestant heir , successor to the crown , with all the rest of his children ( professing the reformed religion ) out of all their protestant realms and dominions ; their invading of their protestant brethren in ireland and scotland , in an hostile manner with potent armies , and waging warr against them in their own countries , and after that against their own protestant brethren in england , as professed enemies , traytors , apostates ; slaying divers thousands of them in the field ; imprisoning , banishing , disinheriting , sequestring many thousands more of them , only for owning , crowning , assisting their own hereditary protastant king ( according to their oathes , covenants , lawes , homage , allegeance , duties , and principles of the protestant religion ) to regain and retain his royal authority and kingdoms . their waging of a most bloudy destructive war with our antient protestant allies of holland above . years space together , to the slaughter of many thousands of their and our gallantest protestant seamen , admirals , sea-captains , of purpose to banish their own exiled protestant king , his brethren and followers out of the netherlands from the societie and charitable relief of their protestant friends where they lived as exiles , enjoying the free prosession of the reformed religion , and communion , prayers , contributions of the protestant churches ; on purpose to drive them into popish quarters amongst seducing jesuites , priests , papists , to cast them wholly upon their alms , mercy , benevolence , and by these high indignities , and their pressing necessities , to enforce them ( if they can ) to renounce the protestant religion and turn professed papists : their most unhuman , unchristian barbarism , in depriving them totally of all means of subsistance , by seising all their revenues without allowing them one farthingout of them towards their necessary relief ; yet enacting it high treason for any of their protestant subjects , friends , allies within their realms or dominions , to contribute any thing toward their support , to hold the least correspondency with , or make any publique prayers unto god for them : as if they were worse than turks , jews , infidels , and most professed enemies ; for whom we are not only commanded , obliged to pray , but also to love , feed , cloth , relieve , harbor them in their necessities , overcoming their evil with goodness , by christs own example and expressprecepts , under pain of everlasting damnation ; be a conscientious saint-like performance of and obedience to , or not rather an atheistical obstinate , presumptuous rebellion against the tim. . , , . mat. . , . c. . . c. . , to . luke . . to . c. . . to . c. , . acts . . rom. . , , , . c. . , to . c. . , . cor. . , . jam. . . and other sacred texts ? a religious , zealous observation of their * sacred solemn protestations , vows , covenant , remonstrances , declarations , oathes for the maintenance , defence and propagation of the true reformed protestant religion , the profession and professors of it , against the bloudy plots , conspiracies , attempts , practices of the iesuites , and other professed popish enemies and underminers of them ? or not rather a most perfidious , treacherous violation , abjuration , and betraying of them ? a loving of their protestant brethren , with a true heart , fervently , and laying down their lives for them , and being pitiful , mercifull , compassionate towards them , according to these gospel-precepts , eph. . . c. . , . pet. . . c. . . c. . . john . . . . c. . , , . , . john . . c. . . . or not rather a shuting up their bowels of compassion towards them ; a grieving , offending , persecuting , murdering of their bodies and souls too ; and an infallible evidence , that they are yet no real saints or children of god , but the very children of the devil , abiding in death , having no true love of god , nor eternal life abiding in them , by christs own resolution , john . , . john . . to ? a professed antichristian contradiction to the reiterated command and voice of god from heaven , isay . . cor. . . rev. . , , , &c. depart ye , depart ye , come ye out of ( mystical , romish babylon , ( the mother of whoredoms , the habitation of devils , and of every foul spirit , and the cage of every unclean and hatefull bird ) o my people that ye be not partakers of her sinnes , and that ye receive not of her plagues : by their forcible driving of their own protestant king , brethren into babylon , and keeping them therein , to have their habitation among devils , foul spirits , & unclean birds of every kind , that so they may participate both in her sins and plagues ; instead of calling thē out from thence into their own protestant dominions and churches ? * verily , if the righteous shall scarcely be saved , where shall these most transcendent , unpresidented , unrighteous , ungodly sinners ( who obey not , but contradict all these gospel texts ) appear ? and what shall their end be ? verily the gospel it self resolves : ( and o that they would with fear and amazement of spirit now seriously consider it ) when the lord jesus shall be revealed from heaven with his mighty angels in flaming fire to take vengeance on them , they shall be punished with everlasting destruction from the presence of the lord , and from the glory of his power , thess. . , , . * and shall receive judgement without mercy , because they have shewed no mercy , but the utmost extremity of malice and cruelty to the souls and bodies of their protestant king and brethren ? whether the junctoes and armies late proceedings against the king and kingship , were not the direct plot of the spaniolized priests and jesuites , who contrived and promoted it to their power ; as i evidenced in my speech , memento , epistle to my historical collection , my true and perfect narrative , and vindication of the old and new secluded members at large , and shall further clear by this ensuing letter , the original whereof i have twice read , found by mr. sherman a book-seller in little britain , ( in whose hands it is ) amongst the books of mr. patricke carre ( priest to don alonso de cardenas the spanish ambassador ) which he bought of him at this ambassadors house , when he was departing hence upon the breach with spain , . within a year after this letters date , which he soon after shewed to divers gentlemen , one of them ( who took a coppy thereof ) promising to shew it to cromwel himself . the superscription of it is in spanish directed ( as is conceived and the letter imports ) to this patricke carre ( an irish priest and jesuit ) under the name of don pedro garsia : the letter it self is in english , written it seems by some english or irish priest or jesuit , sent as an intelligencer , by the spanish ambassador into holland & france , ( with whom the english were then in hostility ) but the direction for letters to him is in french . in the cloze wherof the jesuitical and spanish party in paris , expected our anti-parliamentary juncto ( whom they stile , our brave parliament , as set up by and acting for them ) should espouse their quarrel and act their parts against the french ; and joyne with the prince of condie , to cut off the king of france his head , & all kings else , as they did the king of englands , by their instigation , such antimonarchists , traytors are these jesuits , and spanish freers to all kings and monarchie . paris , . of january , . sir , i was no sooner in holland , then i writ to you , but hearing nothing from you i concluded , either you were very sick , or that you received not my letter ; i came hither in an ill time , for the kingdom is in great disorder , upon the kings recalling the cardinal , against all his declarations . this town ready to declare in favor of the prince and the duke of orleance , who is now treating with the duke of lorrain for his army . if your dull * archduke make no more advantage of this , than of the disorders of the last summer , it 's pity but he were sent to keep sheep . we expect here our brave parliament will not let the game be soon played out : i could wish gallant cromwell and all his army were with the * prince : for i begin to wish all kings had the * same the king of england had : i le say no more untill i hear from you , but that i am your unfeigned friend , t. danielle . i pray remember me to both my cozens . direct your letters a monsieur monsieur canell demurant chez mons : marchant a la rne de pulle . the superscription is thus , viz. a don pedro garsia en casa de embaxador de espanna que * dios garde . en londres d . there were many papers and notes written in irish , some concerning the affairs & transactions of the late wars in ireland , found amongst these books , whence i conceive this patrick carre was an irish priest and jesuite ; and that the spaniard had a great hand in that horrid rebellion . from the cloze of this letter let all consider . whether it can be safe for any popish , as well as protestant kings to harbour such jesuitical antimonarchists and regicides in their kingdoms , courts , who thus wish all kings beheaded and brought to justice , as well as the late king of england , by cromwell and his army , or their own subjects ? and how much they ought to detest his president ( of the jesuits contriving ) let them now cordially and timely advise for their own securitie . whether the great swarms of jesuites and popish freers in and about london , by the junctoes , and army-officers tolleration and connivence ( whose jesuitical antimonarchical plots , counsels they have vigorously pursued ) be not the principal contrivers , fomentors of all our changes of government , new sects , opinions , mutinies in and usurpations of the army , ( in whose councils most intelligent protestants have just cause to fear they have been and still are predominant ) there being multitudes of them in and about london , under several masks ; some of them saying masse in their pontificalibus in popish ladies chambers one day ; and speaking to and praying with their soldiers in the army , or in anabaptistical or quaking conventicles the next day , of which there are some late particular instances ; i shall relate one only more general and worthy knowledge . two english gentlemen of quality ( one of them of mine acquaintance ) travelling out of england into france in may . and hiring a vessel for their passage , three strangers ( who came from london ) desired leave to passe over with them ; which they condescending to , suspected one of them at least , to be a jesnit , by his discourse ; and during their stay at paris , saw all three of them there walking often in the streets in their jesuits habits . in august following , they being at angiers in france , there repaired to their lodging an englishman , in his friers weeds , who informed them , that he was an englishman by birth , but a dominiean freet by profession , newly come from salamanca in sapin , and bound for england ; that he had been at rome , where he had left some goods with an irish iesuit , who promised to return monies on them in france , but had failed to doe it ; whereupon he was in present distress for mony to transport him to england , desiring their favour to furnish him with monies , which he would faithfully repay in london , and if they had any letters to send to their friends in england , he would see them safely delivered . the gentlemen finding him to be an excellent scholar of very good parts and education , entertained him . or . daies at their lodging , till they could furnish him with monies , and upon his account as a freer , had a very good intertainment in the monastery at angiers by the freers thereof : during his stay there they had much discourse with him : he told them he had been formerly a student in kings college in cambridge ; after that at salamanca in spain , for . years . being demanded by them , whether there were not many jesuites and freers then in england ? he assured them upon his own knowledge , they had then above five hundred iesuites in london and the suburvs ; and that they had at least four or five iesuites and popish priests in and about london , to every minister we had there . whereupon they demanding of him ; how so many jesuites and priests were there maintained ? he answered , that the iesuites and every order of fréers had their several treasurers in london , who by orders from their provincials furnished them with what ever monies they wanted by bills of exchange returned to them ; that all the jesuites and priests in england were maintained according to their respective qualities ; a lords son , like a lord , and a knights son like a knight ; and if they chanced to meet him in london at their return , though he were now in a poor weed , they should find him in scarlet , or plush , & a better equipage than what he was in . he would not discover his true name to them , but upon discourse on a sudden , he mentioned his cozen howard in england , which made them suspect he was of that family . he told them further ; that though we were very cunning in england , yet the jesuites and priests there were too crafty for us , lurking under so many disguises that they could hardly be discovered : that there was but one way to detect them ; which they being inquisitive to know . he said , it was for those who suspected them to be priests to feign themselves roman catholicks , and upon that account to desire the sacrament from them , which they could not deny to give them ( after confession to them ) being bound thereto by oath , by which means some of them had been betrayed . he further informed them : that himself had been at all the several gathered churches , congregations & sects in london , and that none of them came so near the * papists in their opinions and tenents as the quakers , among whom himself had spoken . this relation one of the gentlemen ( a person of honor and reputation , the other being dead ) hath lately made to me three several times with his own mouth , and will attest it for truth , having related it to sundry others since his return into england . which considered , whether it be not the very high-way to our churches , religions , ministers , nations ruine and destruction to list so many quakers , anabaptists , sectaries , in the army and new militiaes in most counties , where they bear the greatest sway ; and to disarm the presbyterians and orthodox protestants , as the only dangerous persons , and put all their arms into quakers , anabaptists , and sectaries hands ( headed , steered by jesuits , popish priests and freers ) as they have done in glocester , colchester , cheshire , lancashire , and endeavour to doe in other parts , to cut all true protestants throats , and set up popery by the army ( which hath so much advanced it of late years ) before we are aware ? let all true zealous protestants timely , seriously consider , and endeavour speedily to prevent ( and the council of army-officers , with their new committee of safety too , if they have any care of their native country , or protestant religion ) before it be over-late . whether we may not justly fear , that god himself in his retaliating justice , for the junctoes and armies unparalleld exile of their protestant king and royal posterity into popish territories ; and yet permitting such swarms of jesuits , monks and romish vermin to creep in and reside amongst us ; may not give up the dissolved juncto , army , council of officers , soldiers , and their posterities , with our whole three nations , as a prey and spoil to these seducing , dividing , ravening , all-devouring wolves ; yea to the combined forces of our spanish and french popish adversaries , to the utter desolation , extirpation , ruine of our protestant religion , in the midst of our present divisions and distractions , under a just pretext of restoring the exiled royal issue to their hereditary rights , and avenging the manifold indiguities to them and their relations , unless timely and wisely prevented by a prudent , voluntary clozing with , & loyal , christian restoring them , by common consent our selves , upon just , safe , and honourable terms , becoming us both as men , christians , and professors of the reformed religion ? and whether we be not ripe for such a universal desolating judgement as this , if we consider , is . . , , . c. . , . c. . , to . chr. . . , to . mich. . , , , . ezech. . , . joel . , , . or the late and present sufferings of most other protestant churches abroad , not half so treacherous , perfidious , wicked , exercrable as we , who are now become the very monsters of men , the scandal , shame , reproach of christianity , and humanity in the repute of all the world ? whether the juncto and army-officers who have ( like the a hypocritical israelites ) very frequently ordered , celebrated many hypocritical irreligious mock-facts from time to time , to fast for strife , and debate , and to smite with the fist of wickednesse ; never yet observing , practising that fast which god himself requireth , to loose the bands of wickednesse , to undo the heavy burthens , to let the oppressed go free , to breakevery yoke , to deal their bread to the hungry , to bring the poor ( exiled protestant royal issue and their english followers ) that are cast out ( by them ) to their houses , to cover the naked , and not hide their selves from their own flesh : who have hitherto made their publike and private dayes of humiliation , a constant prologue to their ambition , pride , b and rebellious self-exaltation ; their dayes of praying to god , a preface to their preying upon their brethren ; their seeking of god for direction and assistance in their designs , a means to colour and promote the very c works of their father the devil ; their pretended following the secret impulses of the spirit of god , the sole justification of d walking according to the prince of the air , the spirit that now worketh in the children of disobedience : their making , taking of solemn oathes , vowes , protestations , covenants , engagements to be true , faithfull , oonstant , loyal , obedient to their lawfull kings their heirs , successors , superiors , the privileges , rights of parliament our fundamental laws , liberties , religion , &c. a meer engin and diabolical stratagem , more cunningly , boldly , audaciously , perfidiously to betray , undermine , supplaut , subvert them ; have not now just cause to keep many publike , private fasts , and dayes of humiliation , to confesse , bewaile , repent , renounce , and reform these their transcendent-crying , wrath-provoking sins and abominations : together with their e building up of zion ( their new republike , free-state , churches , kingdom of jesus christ ) with blood , and establishing jerusalem with iniquity , f their devising iniquity and working evil upon their beds , and practising it when the morning is light , because it is in the power of their hand , and swords : their coveting ( other mens ) fields , houses , and taking them away by violence ; so they oppresse a man ( yea their protestant king , and thousands more of their protestant brethren ) and his house ; yea a man and his inheritance : for fear they incurre the fatal inevitable woes , evills , judgements , denounced by god , against such crying sinnes , oppressions , violences , to the utter desolation , extirpation of them , their families , yea of our english zion and jerusalem , mic. . , to . is . . , . c. , throughout : with that of hab. . , . shall they not rise up suddenly that shall bite thee , and awake that shall vex thee , and thou shalt be for booties unto them ? because thou hast spoyled many nations , all the remnant of the people shall spoyl thee : because of mens blood , and for the violence of the land , of the city , ( army ) and all that dwell therein ? whether the junctoes and army councils utter subversion of all our fundamental laws ( especially magna charta , c. , . the petition of right and all other lawes , statutes which concern the preservation of the lives , free-holds , liberties , properties , franchises of the subjects , the inheritance and succession of the crown , the rights and privileges of parliament ) their ending the last easter term , with very little law , and no conscience at all ; their beginning trinity term with very little conscience ( monopolized in their conscientions speakers brest alone ) without any law at all ; and their holding part only of michaelmas term without any chancery or conscience ( voted by some to be both useless and dangerous ) or any real law in the judgement of understanding lawyers , and breaking it off , without any law or conscience , to the undoing of many poor oppressed clients left without relief ; with their manifold transcendent obstructions , subversions both of law , equity , justice , conscience , property , liberty , in their most arbitrary lawlesse committees of indemnity , and courts of high injustice ; be not a transcendent violation of all their former remonstrances , declarations , votes , protestations , league , covenant ; and a meer jesuitical design ( as i have * elsewhere evidenced ) to work our utter dissolution ( the laws being the only ligaments to unite , and pillar to support our state and kingdom ; whereby not only the regal and parliamental authority , but the peoples security of lands , livings , lives , privileges both in general & particular are preserved , maintained , by the abolishing or alteration whereof , it is impossible but that present confusion will fall upon the whole state , frame of this kingdom and nation : as the statute of iac. c. . resolves , and we finde by woful experience ? whether the army council of officers , have not most exemplarily and satisfactorily performed this part of their last printed declaration , octob. . p. . we earnestly desire and shall endeavour , that a full and through reformation of the law may be effected ; by their new committee of safeties imperious order sent to mr. dudley short ( a citizen of london ) whom mr. thurlo ( whiles secretary ) committing close prisoner to a m●ssenger several weeks , so as neither his wife nor friends could have any access unto him , upon a meer trepan , and supposed matter of account between him and a scotsman with whom he traded , & enforcing him at last ere released to enter into a bond of l. with sufficient security for appearing before the council of state , & to go in person into scotl. when ever he should be required , & ordering him to go into scotland soon after ( under pain of forfeiting his l. bond ) upon his own expence , where after many weeks attendance , and frequent , examinations before the council there , touching this account , the scotsman appeared to be indebted to him above l . whereupon he was dismissed thence . for which most unjust vexation , oppression and false imprisonment against the great charter , c. . the petition of right , with other acts , and the late statute of caroli , c. . for regulating the privy council , ( to mr. shorts great expence , losse of trade , reputation , and his damage of ten thousand pounds , as he declared ) he brought his action at law in the common pleas court , which was set down to be tried at guildhall , the . of this november . whereupon mr. thurlo procured an express order from the new committee of safety , wherein they presume to indemnifie him ( by their exorbitant arbitrary power ) against this action of false imprisonment , and to enjoyn the plaintiff both to surcease and release his sute , and never to prosecute it more ; and command his counsel , attorney , sollicitor , the judge himself , and all other officers , not to proceed therein at their utmost peril , upon this ground ; because if this trial should proceed , any others of the late and present council of state might have actions brought against them for illegal commitments and imprisonments : upon this the officers of the count refused to seal his record for the triall , and his attorney and counsel durst not proceed for fear of being layd by the heels . whereupon he complained against this abuse , and moved for a triall in open court , urged these statutes with the statutes of e. . c. . ▪ e. . c. , . and the judges oath , that it shall not be commanded by the great seal , nor little seal , to disturb or delay common right ; and though such commandements do come , the justices shall not therefore cease to do right in any point : and that the justices shall not deny nor delay to no man common right by the kings letters , nor none other mans , nor for none other cause . and in case any letters come to them contrary to law they shall do nothing by such letters , and go forth to do the law , notwithstanding such letters : and pressing the judge to doe him right accordingly , and to give him an answer in open court ; yet their order countermanded these statutes and judges oath : so that no man , though never so unjustly committed , oppressed , grieved by the old and new council of state , to his ruine ; shall have any remedy at all against them : since they may thus indemnify each other against all actions commenced . and if they bring an habeas corpus for their enlargement , and be bayled according to law by the judges ; the new gardians of our liberties , preservers of our safety , and thorough reformers of our lawes , ( by extirpating them root and branch ) will even in the very face of the court , as soon as they have put in bayl , in contempt of law and justice command soldiers and their serjeant at arms , by new orders to arrest and carry them to other prisons , as they did mr. nuport and mr. halsey on the . of this instant november : notwithstanding they had put in bail of ten thousand pounds a piece for their peaceable deportment : yea if any henceforth move for habeas corporaes they will remove them unto new prisons , or gards of souldiers , or send them into forein parts to prevent their returns and enlargement by our laws ; as some have been newly dealt with , by these new full & through reformers of the laws , whether these very first-fruits of their full and through pretended reformation of our laws , proving so bitter , trampling all law and justice under foot , with greater scorn , contempt , impudence than ever any kings , old council table lords , strafford or canterbury were guilty of : and their leaving not so much as one judge or justice to act under them in any one court of justice at westminster , nor no face of any real or pretended legal authority in england or ireland to execute justice between man and man : and dismounting all those judges , grandees of the law who formerly complyed with them , and acted under them in all their innovations , ( a just reward for their temporizing against their judgements , law and conscience ) their future harvest of our lawes reformation will not probably prove so lawlesse and exorbitant , that the whole english nation ( and army too , if they have not abandonned all humanity , christianity , charity , justice ) will revive this prayer in our antient liturgy , against such a full and through deformation and deformers of our lawes . from all evil and mischief ; from all blindness of heart , from pride , vainglory and hypocrisie , from envy , hatred , and all uncharitableness , good lord deliver us . and exhort their fellow brethren of scotland and ireland in the apostles words , thess. . , . finally , brethren , pray for us , that the word of the lord ( and good old laws of the land ) may run and have free course , and be glorified ; and that we may be delivered from absurd , ( or unreasonable & wicked men , who thus reform and purge out the laws very bowels ) for all men ( and such reforming saints especially ) have not faith : whatever they professe , who under pretext of a most transcendent reformation and purgation of the gospel and law , would reduce us into the condition of the israelites , chron. . . now for a long season israel had been without the true god , and without a teaching priest , and without law ? and why so ? the apostle resolves us in direct terms , tim. . . &c. the end of the law is charity out of a pure heart , and of a good conscience , and of faith unfeined : from which some having swerved have turned aside to vain jangling : desiring to be teachers , ( yea reformers ) of the law , understanding neither what they say , nor what they affirm . but we know that the law is good , if a man use it lawfully ; knowing also that the law is not made for a righteous man ; but for the lawless and disobedient for the ungodly and for sinners . for murderers of fathers and murtherers of mothers , for man-slayers , &c. for men-stealers , for lyars , for perjured persons , & every other thing that is contrary to sound doctrin : and our army-grandees , juncto , and new reformers being such ; would abrogate all lawes , and lawyers too , least they should restrain and punish them for these their capital crimes : forgetting this lesson , that though they null all the laws and courts of justice in westminster-hall , and elsewhere ; yet they shall never abrogate nor escape the law , judgement , execution , justice and vengeance of * god himself , who will render indignation and wrath , tribulation and anguish to every soul of man that doth evil , whether jew or gentile . for as many who have sinned without law , shall also perish without law , and as many as have sinned in the law , shall be judged by the law enough to disswade them from their intended reformation , to reform their own and the armies lawless exorbitances , before they reform our laws , or others far better than themselves . whether all the old conscientious , faithfull , publike spirited , secured , secluded , and re-excluded members , who to the uttermost of their powers opposed , voted , protested against all the late dismal jesuitical powder-treasons , violences , innovations , exorbitances of the dissolved juncto and army , and have h vexed their righteous souls , from day to day , yea i shed rivers of tears from their mournfull eyes , because of these their heinous transgressions against the laws of god and the land , may not with much comfort apply this promise of god to themselves , and their uncharitable brethren , who secluded all , & imprisoned sundry of them . isa. . , . &c. . , , . hear the word of the lord , ye that tremble at his word : your brethren that hated you , that cast you out for my name sake , said , let the lord be ( thereby ) glorified , but he shall appear to your joy , and they shall be ashamed . ( by reason of their own double ejection , dissolution in a strange unexpected manner ) a voice of noise from the city ; a voice from the temple ; a voice of the lord that rendreth recompence to his enemies . lord , when thy hand is lifted up , they will not see ; but they shall see , and be ashamed for their envy towards the people ; yea the fire of their enemies ( their very fierie guards and powder-men ) shall devour them . o lord our god , other lords besides thee ( our new supreme lords , powers , protectors of the dissolved junctoes counsel and tother house have had dominion over us , but by thee only will we make mention of thy name : they are dead , they shall not live ; they are deceased , they shall not rise : therfore hast thou visited and destroyed them , and made all their memory to perish : even k so let all thine enemies ( and the publike impenitent , malicious enemies of our churches , kings , kingdoms , parliaments , peoples liberties ) fall and perish , o lord : but let them that love thee ( and the publike peace , welfare , settlement , prosperity of our churches , kings kingdoms , nations ) be as the sun when he goeth forth in his might ; that so the land may have rest forty years together : as the land of israel had , after l the lord had discomfited sisera , and all his chariots , and all his host with the edge of the sword , before barak and deborah , amen . whether the general council of officers and army-saints former and late slandering , false accusing , forcible secluding , the members of the long parliament , as trust-breakers , and the whole house of lords , for whose defence they were raised , waged , commissioned ; and their subsequent dissolving , dissipating with high scorne , their own anti-parliamentary junctoes from whom they received their new commissions , end engaged several times , to yeeld their utmost assistance to them to sit in safety , to be true , faithfull and constant to them , and to live and die in their defence : be a conscientious saint-like performance . . of john baptists evangelical injunction to all souldiers , luke . . do violence to no man , neither accuse any falsly , and be content with your allowance . ly . of st. pauls description of a good souldier of jesus christ tim. . , . thou therefore endure hardness : no man that warreth , intangloth himself with the affairs of this life , that he may please him who hath chosen him to be a souldier . ( not disobey , betray , supplant or destroy him ) ly . of pauls and peters expresse commands to all officers , souldiers whatsoever , as well as others , rom. . , , &c. let every soul be subject to the higher powers : for there is no power but of god : the powers that be , are ordained of god . whosoever therefore resisteth the power resisteth the ordinance of god : and they that resist , shall receive to themselves damnation , &c. wherefore ye must needs be subject , not only for wrath , but also for conscience sake . tit. . , . put them in mind to be subject to principalities and powers ; to obey magistrates , to be ready to every good work : to speak evil of no man ; to be gentle , shewing all meekness unto all men . ephes. . , , . col. . , , . servants ( & such are all mercenary officers , soldiers , under pay to the old parliament and kingdom ) obey in all things , your masters according to the flesh , in fear and trembling , in singleness of heart , as unto christ , not with eye service , as men-pleasers ; but as the servants of christ doing the will of god from the heart . with good will doing service , as to the lord , and not to men ; for ye serve the lord christ . pet. . , to . submit your selves to every ordinance of man for the lord sake , whether it be to the king as supreme , or unto governors , as unto those who are sent by him for the punishment of evil doers , and for the praise of them that do well ; for so is the will of god , that with well-doing ye put to silence the ignorance of foolish men . as free , and not using your liberty , as a cloak of maliciousnesse , but as the servants of god . honour all men , ( in lawfull authority ) fear god , honour the king . servants , be subject to your masters with all fear , not only to the good and gentle , but also to the froward . for this is thank-worthy , if a man for conscience toward god endure grief , suffering wrongfully . whether by their former & late rebellions against the king , parl. & all their lawful superiors , and exalting themselves above all their former lords and masters , they have not given christ himself the lye , and falsified his reiterated asseveration , resolution . mat. . . john . . c. . . verily , verily i say unto you , the disciple is not above his master , nor the servant above , or greater than his lord ; neither he that is sent , greater than he that sent him . if ye know these things , happy are ye if ye do them ! and whether they will not prove bitternesse and damnation to them in the latter end ? whether the juncto and army council , upon serious consideration of all the premises and their former miscarriages , have not all cause with penitent hearts and bleeding spirits to cry out and make this old publike confession in the book of common prayer . almighty and most mercifull father , we have erred and strayed from thy wayes like lost sheep . we have followed too much the devices and desires of our own hearts ; we have offended against thy holy laws ; we have left undone those things which we ought to have done , and we have done those things which we ought not to have done , and there is no health nor truth in us . but thou o lord have mercy upon us miserable offendors . and grant that we may hereafter live a godly , righteous , and sober life , to the glory of thy holy name . amen . which if these workers of iniquity shall still refuse to do , as if the lord did neither see nor regard it ; and thereby provoke our . nations to cry out with united prayers to god against them ; * help lord , for the godly man ceaseth , for the faithfull fail from among the children of men . o lord god of revenges , o lord god to whom vengeance belongeth , shew thy self ; lift up thy self thou judge of the earth , render a reward to the proud : lord , how long shall the wicked , how long shall the wicked triumph : how long shall they utter hard things , and all the workers of iniquity boast themselves ? they break in pieces thy people , o lord , & afflict thine heritage ; they slay the widow and murder the fatherless ; they gather themselves together against the soul of the righteous , and condemn the innocent bloud . whether they must not then expect that inevitable doom of god himself , ensuing after such practises and prayers , psa. . . and the lord shall bring upon them their own iniquity , and shall cut them off in their own wickednesse ; yea the lord our god shall cut them off ? * the transgressors shall be destroyed together , the end of the wicked shall be cut off : but the salvation of the righteous is of the lord , he is their strength in the time of troble . and the lord shall help them , and deliver them , he shall deliver them from the wicked , and save them because they trust in him . jer. . , . it may be they will ( now ) present their supplications before the lord , and return every one from his evil way , that god may forgive their iniquity and their sin ; for great is the anger and the fury that the lord hath pronounced against this people . an exact alphabetical list of the old and new secluded members of the commons house in the long parliament , surviving may . . when the dissolved juncto began their new session . baronets , knights and viscounts . lord ancram , sir ralph ashton , sir john barrington , sir thomas barnardiston , sir robert benloes , sir george booth , sir humphry bridges , sir ambrose brown , sir john burgoin , sir roger burgoin , sir henry cholmley , sir john clotworthy , sir john corbet , sir john curson , sir thomas dacres , sir francis drake , sir william drake , sir walter earl , sir charles egerton , sir john evelin of surry , sir john evelin of wiltes , sir john fenweck , sir edmund fowel , sir gilbert gerard , sir harbotle grimston , sir richard haughton , sir john holland , sir anthony irby , sir martin knatchbull , sir john leigh , sir william lewis , sir william lister , sir william litton , sir samuel luke , sir nicholas martyn ; sir thomas middleton , sir robert nappier , sir robert nedham , sir dudly north , sir john northcot , sir richard onslow , sir hugh owen , sir john palgrave , sir philip parker , sir thomas parker , sir edward partridge , sir john pellam , sir william platers , sir nevil poole , sir john pots , sir robert pye , sir francis russel , sir beauchamp saint-john , sir john seymor , sir thomas some , sir william strickland , sir john temple , sir thomas trever , sir humpy tuston , sir william waller , thomas viscount wenman , sir henry worsly , sir richard wynne , sir john young . in all . esquiers , gentlemen and lawyers . john alford , arthur ansley , mr. andrews , william ardington , john arundle , mr. ascough , francis bacon , nathaniel bacon , edward bainton , col. john barker , maurice barro , mr. bell , james bence , col. john birch , edward bish , john bowyer , john boyes , major brooks , major general brown , samuel brown , serjant at law , francis buller , john bunkly , hugh buscoen , mr. button , mr. camble , william carrent , col. ceely , james chaloner , mr. clive , commiss. copley , john crew , thomas crompton , mr. crowder , thomas dacre , john dormer , john doyle , mr. drake , robert ellison , mr. erisy , mr. evelin , edward fowel , william foxwist , john francis , james fyennis , nathaniel eyennis , samuel gardiner , francis gerard , thomas gewen , william glanvil , john glynne serjant at law , samuel gott , thomas grove , elias grymes , brampton gurdon , edward harby , col. edward harley , major harley , john hatcher , john haidon , james herbert , john herbert , mr. hobby , thomas hodges , denzel hollis , francis hollis , george horner , edmund hostins , john hungerford , col. hunt , mr. jennings , william jones , george keckwich , richard knighly , col. lassels , henry laurence , col. lee , mr. lewis , col walter long , mr. lowry , col. john loyde , mr. lucas , mr. luckin , john mainard , christopher martin , major gen. edward massey , thomas middleton , thomas moore , william morrice , george mountague , mr. nash , james nelthrop , alderman nixon , mr. north , col. norton , mr. onslow , arthus owen , henry oxinden , mr. packer , mr. peck , henry pellam , william peirpoint , jervase pigot , mr. potter , mr. poole , col. alexander popham , mr. povy , mr. prisly , william prynne , alexander pym , charles pym , mr. rainscraft , mr. ratcliffe , charles rich , col. edward rossiter , mr. scowen , mr. scut , col , robert shapcot , col. shuttleworth , mr. spelman , mr. springats , henry stapleton , robert stanton , edward stephens , john stephens , nathaniel stephens , mr. stockfield , john swinfen , mr. temple , mr. terwit , mr. thistlethwait , mr. thomas , isaac thomas , mr. thynne , mr. tolson , john trever , thomas twisden serjeant at law , mr. vassal , mr. vaughan , thomas waller , mr. west , henry weston , william wheeler , col. whitehead , henry wilkes , captain wingate , mr. winwood , thomas wogan , mr. wray , richard wynne . the total number , . besides the house of lords . an alphabetical list of all members of the late dissolved juncto . james ash , alderman atkins , william ayre , mr. baker , col. bennet , col. bingham daniel blagrave , mr. brewster , william cawly , thomas chaloner , mr. cecil the self-degraded earl of salsbury , robert cecil his son , john corbet , henry darley , richard darley , mr. dixwell , john dove , mr. downes , william ellys , mr. feilder , mr. fell , col. charles fleetwood , augustin garland , mr. gold , john goodwin , robert goodwin , john gurdon , mr. hallowes , sir james harrington , col. harvy , sir arthur hasilrig , mr. hayes , mr. herbert the self-degraded earl of pembrook , roger hill , cornelius holland , col. hutchinson , col. ingolsby , philip jones , mr. leachmore , william lenthall speaker , john lenthall his son , john lisle , philip viscont lisle , thomas lister , nicholas love , col. ludlow , henry martyn a prisoner in execution , mr. mayne , sir henry mildmay , gilbert millington , col. herbert morley , lord viscont munson , a prisoner in execution , henry nevil , robert nicholas , michael oldsworth , mr. palmer , alderman pennington , sir gilbert pickering , john pine , edmond prideaux , william purefoy , thomas pury , robert reynolds , col. rich , luke robinson , oliver saint-john , major saloway , mr. say , thomas scot , major general skippon , augustin skinner , mr. smith , walter strickland , col. sydenham , james temple , col. temple , col. thompson , serjant thorpe , john trencher , sir john trevor , sir henry vane , col. waite , mr. wallop , sir thomas walsingham , col. walton , sir peter wentworth , edmond weaver , mr. white , serjeant wilde , sir thomas witherington , sir thomas wroth. the totall sum , — . ¶ note , that of these members there entred only . into the house at first ; that the rest came in to them by degrees , either to keep their old preferments , gain new , or regain the places they had formerly lost ( especially the lawyers , who notwithstanding their former complyances , are turned quite out of office , and dis-judged ; ) that . or more of them , came in by new writs issued in the name of the keepers of the liberties of england , after the kings beheading , and were no members of the long parliament ; that there were never . of them together in the house at once whiles they sate : and but . on the . and . of october last upon the great debate between them and the army officers : and some that sate formerly with them ( as the lord fairfax , john cary , and others ) refused to sit with them now , as having not the least colour of law , to sit or act as a parliament . yea , their speaker mr. lenthal , told the officers of the army and members , who came to invite him to sit again , may . that he had a soul to save ; and that he was not satisfied in point of law , conscience or prudence that they could sit again : but at last when he considered , he had an estate to save ( as he told another friend ) that over-ballanced all his former objections : and made him , and other members act against their judgements , consciences , and to forget our saviours sad quaeres , mat. . . what is a man profited if he should gain the whole world and lose his own soul ? or , what shall a man give in exchange for his soul ? finis . errata . page . usurpers , read usurpation . page . l. . read rom. . , . notes, typically marginal, from the original text notes for div a e- a prov. . , . b prov. . . * tit. . . c jer. . . c. . . ezech. . . * see a collection of the armies engagements , remonstrances , &c. p. , ● . * animadversions upon the armies remonstrance , nov. . . p. , , . f see the . part of the history of independency . g see the republicans spurious good old cause briefly and truly anatomized . p. , to . e thess. . . b see their declarations and papers of april . and august . . and true state of the common-wealth of england p. , to . * as he did col. overton , okey , and sundry others . g jer. . . h isay . . * lu. . . i isay . . † jer. . . &c. k isay . . jer. , , to . m isay . . ezeck. . , . n n isay . . * in prynne the member reconciled to prynne the barrester . a legal vindication against illegal taxes , a true and perfect narrative , p. , to . a brief necessary vindication of the old and new secluded members , p. . * exact coll. p. , . a collection of ordinances , p. . , * gal. . . a see the armies plea and declaration , october . the printed votes , diurnals , and parliaments plea . a exod. . . psal. . . * jac. c. , . * gen , . , to . * acts . . c. . . * see my true and perfect narrative , p. , . * de beneficiis , l. . c. . * see my concordia discors * see my legal historical vindication , &c. * isay . . the seed of evil doers shall never be renowned . * ps. . , . * hos. . , . * judges . . * understand ye brutish among the people : o ye fools , when will ye be wise ? ps. . . * see my concordia discors . * pet. . , . * jam. . . * leopold . * condie . * execution he means . * this intimates he was a priest or jesuit who writ it , * see mr. smiths . new books against the quakers , and dell , proving them to be papists . a is . , to . b psa. . . c john , . ephes. . , , . d ephes. . , . e micah . . hab. . . f micah . , , , , . * my true & perfect narrative , p. , to . * rom. . , , , , . h pet. . , . i psal. . k judges . . l judges . * psal. . , . psal. . . * ps. . , . . the true copys of several letters from portsmouth directed by col. sir arthur haslerig, col. herbert morley, col. valentine walton, commissioners by act of parliament for governing the armies, to the lord fleetwood at wallingford-house, with the lord fleetwoods answers thereunto : also, their several letters to ... the lord mayor, alderman and common-council of the city of london together with their letters from portsmouth, to the several militia's appointed by act of parliament, for the cities of london, westminster and borrough of southwark and their answers there unto. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the true copys of several letters from portsmouth directed by col. sir arthur haslerig, col. herbert morley, col. valentine walton, commissioners by act of parliament for governing the armies, to the lord fleetwood at wallingford-house, with the lord fleetwoods answers thereunto : also, their several letters to ... the lord mayor, alderman and common-council of the city of london together with their letters from portsmouth, to the several militia's appointed by act of parliament, for the cities of london, westminster and borrough of southwark and their answers there unto. hesilrige, arthur, sir, d. . morley, herbert, - . walton, valentine, d. ? fleetwood, charles, d. . [ ], , [ ] p. printed by john clowes ..., london : . reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -- army -- early works to . a r (wing t ). civilwar no the true copys of several letters from portsmouth, directed by col. sir arthur haslerig, col. herbert morley, col. valentine walton, commiss [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the true copys of several letters from portsmovth , directed by col. sir arthur haslerig , col. herbert morley , col. valentine walton , commissioners by act of parliament for governing the armies : to the lord fleetwood at vvallingford-house . with the lord fleetwoods answers thereunto . also , their several letters to the right honourable the lord mayor , aldermen and common-council of the city of london . together with their letters from portsmouth , to the several militia's appointed by act of parliament , for the cities of london , westminster and borrough of southwark . and their answers thereunto . london , printed by john clowes , and published by special command , . a letter to the lord fleetvvood , from sir arthur haslerigg , col. morley , and col. walton , commissioners of the army by act of parliament , for the governing the armys of england , scotland , and ireland . my lord , since the sad and wofull day , when your self ( that the parliament so much trusted and beleived ) brought their own forces and besieged the house , we have been silent : the act was so horrid it could not but amaze , to our best understandings , we observing your steps ever since , it appeares ; that your wayes are not the nations settlement , but that confusion and the greatest of miseries and sorrows will unavoydably overflow these islands ; and we are thereby made a shame and reproach , not only at home but throughout the christian world where england is named . we are told we shali have our liberties , how can that be ? when the foundation of all our liberties is in the parliament , that being the representative of the people , in whom is the originall of all just power . and is not the parliament the foundation of successive parliaments destroyed , so farr as you can do it ; can you imagine that we and many thousands that have hazarded our lives , and spilt our blood for our libertyes and religion , will now yeild up the cause so long and sharply contended for , and that god so miraculously owned ; and suffer parliaments to be imposed upon , and the people to be compell'd to governments , not made by their own representatives in parliament ; doth not god command that one should do to another as he would be done unto ? is not this a general command given to all mankind ? wo therefore to kings and every other person that assume power over man , and walk not according to that scripture rule ; can you oppress , can you impose , can you restraine liberty , can you take away propriety , and above all , can you overthrow your governours and destroy parliaments , and not break this rule ; is not the cause we contended for , the enjoyment of our liberties and religion ; we are sure god would have man to be free and not oppressed ; we only desire the maintenance of our good old cause which our gracious god so signally owned , when our potent enemies at sea , and at the same time those in england , scotland , and ireland rose up to oppose ; where is the humble self-denying spirit to be found ? we have most seriously considered the great trust reposed in us by the parliament , and desire to find out what is the duty incumbent upon us , and we cannot satisfie our selves , but that we are justly by parliament , not only to be questioned , but censured ; if we own not the parliament in this time of so great defection , and endeavour not now to our utmost the preservation of it : the great and good god by his providence brought us most seasonably to this towne , where we found captaine browne ( sent down by you ) endeavouring to withdraw the officers of this garrison from the parliament , perswading them to betray and falsifie their trust , and to act contrary to their commissions ; when a person becomes false , it follows he would have all others like himself , we heare he brought severall commissions of yours , we cannot but trouble you in this particular , do you think it a light matter to murther men ? hath not god given man power over the lives of all other creatures , and only reserved the life of man to himself , sacred writt holds it forth , that he that spils mans blood , by men shall his blood be spilt ; from whom comes your power to give commissions to kill men ? it is not to be found in scripture , if it came from man , we wish it could be made clear to the world and your own conscience , that you have a lawfull authority ; could you gaine all the power and wealth of these nations , it would do you but little good if thousands murthered by your commissions , rise up at the day of judgment against you : we have no particular ends of our own that we aime at , we only desire the restoring of the parliament , and the speedy settlement of the commonwealth ; so that we may enjoy our religion , liberties , and properties ; here lies in this port many ships not paid off , which is great expence to the publick ; and had not the parliament been lately interrupted by you , they had not been now to pay ; the marriners are ready to goe to forraign parts for imployment , having spent their arreares in attendance , and are not able to expect longer . thus the great debt of the nation increaseth . the spring of the year approaches ; dangerous enemies from abroad threaten us , there is nothing but confusion and general discontent at home ; if you take not some speedy course to give satisfaction to those that have been , and we hope yet may be your friends , it will be too late , and destruction must needs follow ; we wish if misery do come , that those who stated this our cause destroying quarrell , upon personall accompts , may only feel it . and that our mercifull god will find out some extraordinary waies to preserve our liberties and religion to posterity : we think fit to acquaint you that we find this garrison of portsmouth very faithfull to the parliament , and resolved to performe their dutyes and trusts according to their commissions , we incourage them what we can , and we hope your lordships may do the like ; and we shall be ready to assist you in any thing , wherein we are equally intrusted by the parliament , we hope that infinite wisdome and power will yet so order our affairs that the good old cause shall be preserved ; the declarations of generall monck are both sober and religious ; we own them , and exceedingly rejoyce in his faithfullness and constancy to the parliament ; he is a souldier of true honour and worth , and abhorrs falsness to his trust ; we and all well affected to the nations libertyes have cause to bless god for him , as the great assertor of our parliaments cause , and this we hold forth to your self , and all well wishers to publick interest ; we are portsmouth , decemb. . . my lord , your lordships humble servants , arthur haslerigg , herbert morley ; valentine walton . for the lord fleetwood at wallingford-house . the lord fleetwoods letter in answer to the commissioners first letter . honorable gentlemen , in answer unto yours from portsmouth , i shall exercise that freedome , which i hope the present state of our affairs will give me liberty to do ; you are pleased to charge me with a horrible and amazing act , in my breach of trust , and why you should accuse me who are so guilty your selves , i do not know , unless by your accusation you think your selves freed from that confidence and trust that was put in you , that you would make good your word , which i must say , some of you have sadly forfeited ; engaging so solemnly as you have done , and yet being in that hostile manner in the place where you now are ; i will not take your course by excusing my self , further to aggravate your crime ; but in short , answer that for my breach of trust , you well know through some of your means , that trust the parliament was pleased to deliver me from , and quit me of that confidence , which they had been pleased to favour me with , which i must needs say , did deliver me from a great exercise of trouble , which otherwise i should have been under , had their trust continued in me ; vvho they were , that were instruments to take the parliaments good opinion from me ? you well know , i served them faithfully , and as for what you charge me with , destroying parliamentary authority ; i desire the lord may give you hearts to consider how much you have been instrumentall therein , and how sadly your own actions did put the army upon doing such things , which i know were grievous to their thoughts to be necessitated unto . the memory of that parliament , in what god did make use of them as instruments , i hope i shall alwaies own and honour , and were all our actions weighed in a due ballance from the first time of their last sitting , to their rising ; i doubt not but i shall appear to be a more innocent person , and even more faithfull to them , then by some of your actions it will appear you are . i delight not in changes ▪ it is neither my principle nor interest ; the government of parliaments is that i own and honour ; and though my steps you mention may be displeasing to your selves , yet i hope the lord will not leave me so without his presence , but to manifest i designe nothing of self interest , but the good of these poor nations , and the interests of the people of the lord , and the liberties of men ( as men might be preserved ) but how easily is your rule , ( to do to another , as one would be done to , ) broken by your selves , and yet directed to be observed by others ; and therefore as to that of imposing upon parliaments , who has more , had a hand in things of that nature , then some of your selves ; i delight not in words of provocation ; but for oppression , imposing , restraining liberty , taking away property , and advizing and abetting to the overthrowing of government and authority which you urge ; i beseech you give me leave to use the words of freedom , who hath had a hand in things of that nature , more you or my self . indeed i can truly say , the thoughts of doing any thing of that sort , or what may lead thereunto at any time is that which i dare not give way unto , not for fear of displeasing men only , but because i know such actions will be judged and condemned of the lord ; and wherein i have in anything been guilty upon any of those accounts , i desire to take the shame thereof to my self ; i would be loath to be found a wilfull transgressor therein , the thoughts thereof are with abhorrancy to my self ; i have no interest of my own to mind ; i had rather be in a corner , then in the station where i am , and if my silence and retirement might but save this cause , it would be the chearefullest work that ever i did engage in , and as by your letter , it seems you judge me the great troubler of our peace ; if i be so , my desires to the lord are to convince me thereof , and to make a way for my silence , rather then continue me in a condition to trouble these poor nations ; but alas ! how little is your actions considered by you in order to this thing ? what can it tend unto , but only to give a further encouragement to our common enemy to endeavour the destruction of the whole . i know you are persons of interest , and i speak it not therefore with reflections upon your own merrits ; but give me leave to tell you that i am confident , in the way you are in , you will be blasted , and only give the advantage to those who would destroy both the parliament and their friends ; so far will you be from restoring the parliament that your actions will lead ( if the lord prevent not ) to the destruction of parliamentary power ; as to your authority i will only say this : i am confident the parliament never intended you should make use of any of their forces against the rest ; and the truth is , i beleive it will be found you are mistaken in your commission : for you have only that power which i had as lieutenant general , and not as commanders in cheif . and what authority i had to command the forces was by vertue of my authority as commander in chief , and not as lieutenant general ; besides i had no power to levy forces , but to command those which were raised , and i am sure you have no greater power given to you then i had : when yet you extend your authority to the levying of new forces , which i dare confidently say you cannot justifie by that commission ; as for my authority of granting of commissions , i have the call of all the forces in england , except where you are ; which i hope i shall not so mannage , but that either the power i have may be confirmed by a supream authority , or disposed of to a fitter person then i am , to which i shall readily yeild obedience . your words are very severe , calling me little better then a murtherer . it s well known i have as little practised severity as any person that hath borne armes : and to be looked upon as a person greedy to shed blood , i have a conscience otherwise exercised , and wish that may not be laid to your charge which you do readily apply to me . as to marriners which you take notice of , that they spend the states money as not being paid off their arreares ; they may thank you that they are not paid , for it is well known there was money assigned for them , and would have been with them before this time , had not you interrupted the peace of that town where you are : and as soon as you return to your former peaceableness and friendship the marriners shall certainly be paid . if you have nothing in designe but the good of this cause , i hope what we are doing may give you satisfaction , and if you are in the capacity of friends , as formerly you have been , your advice would be hearkened unto in any thing , wherein we might be satisfied that the good of this cause might be preserved thereby . as for general monck , your good opinion of him ▪ i hope he will make good by his speedy agreement with us ; a return of which i expect to have by the next : the lord perswade your hearts to resolutions of peace , and that these sad breaches may be healed is the desire of your humble servant , charles fleetwood . vvallingford-house , decemb. . . if we must be looked upon as enemies , i shall desire you will release cap. brown , cap. peacock , and cap. hopgood ; i will release col. markham , and col. atkins , whose offence i am sure was much greater then any you can charge them with , and are persons much more considerable . for the right honourable the lord mayor , aldermen and common-council of the city of london . my lord and gentlemen , we conceive it is not unknown to you , the trust the parliament reposed in us before theit late interruption ; we have waited ever since , expecting that the force would have been removed from the parliament house at westminster , that the members might have returned to their duties , but finding confusions and discontents to increase , we came to this town of portsmouth , which is of great concernment to the city and publick ; the governour and this garrison have declared their faithfulness to the parliament , there are many ships not paid off , and marriners ready for want of pay to go into forreign parts for employment , there must some speedy course be taken for preventing the great mischiefs which will otherwise follow . we cannot but approve of general monks declarations , and concurr with him fot the restoring of the parliament , we hope you do the like , and intreat you that no time may be delayed , but all endeavours may be used that the parliament doors may be forthwith opened , and the speaker desired forthwith , to send letters to the several members to perform their trust in parliament . we know no other way under god , to preserve your city and the nations from inevitable ruin , and to deliver us out of these miserable and woful confusions we are now in . we beseech you move speedily in this , for our cause and the safety of the whole lyes bleeding . we entreat to hear a word of your intentions , our affections as you well know , being very great for the welfare and prosperity of the city and we find such absolute necessity of the parliaments meeting , though but in order to the settlement of future parliaments , that if you cannot prevaile that they may sit quietly at vvestminster , we shall write to the speaker , that he would be pleased to meet at portsmouth , where we doubt not , through the mercy and goodness of god , they may sit with honour and safety , and act freely for the good and preservation of the your city & nations . we present our humble services to your lotdship , the aldermen and common-council , we are portsmouth . decemb. . my lord and gentlemen , your most faithful and humblest servants . arth. haslerig , herb. morley , val. walton , for our honourable friends , the commissioners of the militia of the city of london , appointed by act of parliament . gentlemen , you know very well , that we have the chief command of all the forces in england and scotland by act of parliament , we are now at portsmouth , a place of great concernment ; we hope you believe that we desire peace and settlement , not a new vvar , we have no perticular design , we apprehend there is no other means for the preservation of our cause , the city and nations , and deliver us out of the woful confusions that we are now in ; but the opening the parliament doors , that the members may return and perform their trusts ; vve desire you to act your parts in pursuance of the trust reposed in you by the parliament ▪ for removing the force from the parliament ; we shall assist you to the utmost of our power , and remain gent. portsmouth , decemb. . . your affectionate friends and servants , arth. haslerig , herb morley , val. vvalton . the same letter was sent to the militias at vvestminster and southwark . for the right honourable the lord fleetwood at vvallingford house . my lord . we shall not trouble you with any tedious reply to your letter , but this we must affirm that neither joyntly nor seperately did we or any of us , either to your self or any other person , passe our engagements , to do otherwise then we have done ; and if you had given any of us a perticular charge , we should readily have vindicated our selves : neither did we endeavour to remove the parliaments good opinion from you , though we well perceived your coldness in their service , else the paper sent from the northern brigade , had never produced the sad consequences that since have ensued ; and if it was against your conscience , to act as one of the seven commissioners appointed by act of parliament to govern the army , we marvel with what satisfaction you can now act by the call of private men , without any publick authority ; and yet pretend you desire retyrement : whether you have not been instrumental to destroy the parliamentary authority , and how farr we have been instrumentall to any such ends , we leave it to the lord and all indifferent men to judge ; neither shall we dispute the necessity that induced the officers to interrupt the the parliament , for if you and they say it was necessary no man must dare to say otherwise ; it is an easie matter to pretend to good things for the nation , oliver did the like , but the sequell manifested h●s own advancement to be at the bottom ; and it is well known when you remove us from our foundations you may carry us whether you please : we all deny to have been instrumentall in any breaches made upon the parliament ; but if we had we should not be ashamed to ask god and the world forgiveness , and resolve by our future deportments to repair such breaches . concerning oppression , imposing , restraining liberty , taking away property , governments and authority , we shall only say , that whosoever takes away our parliaments , takes the ready course to let them all in like a floud upon us ; neither do we think the council of officers competent per sons to judg of government , and to break parliaments , and put new fancies of their own instead thereof as they please ; how far your actings against the parliament or outs in persuance of the parliaments commands have given encouragement to the common enemy , we leave to your own consideration : or , because the parliament will not act what some officers of the army please , they must be inte●●upted . and if any prove faithful to discharge the trust reposed in them , they are the only troublers of the nation , and give advantage to the common enemy ▪ we are not ambitious of commands , having more given us by the parliament then we desired ; but conceive we have more authority to gran● commissions , in order to the parliaments restitution , then you can have from the call of any private persons to continue their interruption . you say , the marriners had been paid if we had not been here ; we suppose some of them are gone to london for their pay , and if money were sent to discharge the rest , we should be far from hindering their payment , or diverting the money . you pretend good intentions to the nations settlement , we are sure our hearts thirst after it , and that we are not guilty of any hostility in this place . in the interim , we resolve by gods blessing , to defend the same for the parliament ; if what you are doing might satisfie all the parliaments party , and secure parliamentary authority , the rights , liberties , properties of the people and religion : which is the good old cause , so much owned by god , and valued by all goodmen ; we should really rejoyce and bless god for it , and readily return to our former friendship , it being the desire of our hearts , that all misunde standings may be removed , the parliament restored , old friends reconciled , & the commonwealth settled upon righteous & lasting foundations ; and if you are as peaceably minded as we , you may make it appear by directing the withdrawing of the forces you sent toward this place , that so esfusion of blood may be prevented ; if otherwise we cannot believe you in●end peace . we are portsmouth , decemb. . . my lord , your lordships servants , arth. haslerig , hetb . morley , val. walton . for the honourable sir arthur haslerig , col. walton and col. morley at portsmouth . honourable gentlemen , i have received yours , and finding that our personal reflections doth but provoak each other , and therefore i shall rather desire to commit my case unto the lord , then to argue it with man , not doubring but that he will plead my innocency , for me , and convince me wherein i may be found guilty , being desirous to bow before him in any thing wherein i may be found faulty , and take the shame unto my self , rather than be a reproach unto his name by any action of mine , the lord grant that this may be more and more yours and my frame , whatsoever our contests are ; yet i am sure of this , by reason thereof , the common enemy is like to have the advantage , and which of us may have the conquest ? we shall none of us be but loosers ; i wish ir be not found , that whilst you dispute the form you destroy the end , and though i may with others so much justifie our selves , yet that old friends that have but one interest should engage as enemies , is that which we have cause to take up as a lamentation , and let us take heed that saints blood be not layd to our charge ; it is a strange hand of god upon us , that there should not be found a wise man amongst us , who might direct some medium to make up these breaches . your actions have greatly widened our breach ; i have that comfort that i have no personal design of my own , but that this common cause and interest wherein we are all concerned may prosper , is my design ; and whatsoever you may satisfie your selves in the treachery and falsness of some persons , who after assurances given of their faithfulness , have lately forfeited the same ; be confident the lord will not prosper such practises . it is very vvell known , i am no enemy to parliamentary authority , and vvha●soever you may charge me vvith therein ; yet i hopeing actions shall manifest the contrary . and as for the forces which are before portsmouth , if you will engage that the nations peace shall not be disturbed by your endeavours to raise forces against us , we shall easily be perswaded to withdraw ours , and in any thing with a saving to this cause , shall be ready to expresse the respects which i have had formerly for you ; and being in some haste , i have only this to desire further of you , that would release one m. jennyns and mr. lucas , who though they are strangers to me , yet hearing they are vnder restraint upon our account , i desire their liberty , and shall give the same return of friendship , as their occasion offered to your humble servant , charles fleetwood . vvallingford house . dec. . for the right honourable the lord fleetwood . my lord , having received and read your letter , dated the th instant , we find the expressions to be so mild , and to savour so much of godliness , and self-denial , that we cannot but speedily return you this , hoping that if the lord be pleased to give you a heart really to act what you write , the nations may yet be made happy ; we shall not labour to convince you of your being faulty , because you appeale unto god , who only is able to make you bow down before him ; and for our parts , we have examined our heatts , and we find joy and comfort , believing our selves to be in the way that god commands . we begun no contest , we waited two moneths , and nothing was brought forth but confusion ; we believe the common enemy may gain great advantage by our divisions ; but who gave the occasion , we are innocent ; and we know for either of us to conquer the other , is no gain to our cause . if you look upon the parliament but as a form , and disputing for that but disputing for a form : we differ from you , and take it to be the foundation upon which our liberties are upheld , and our religion under god to be preserved . that we old friends should engage as enemies ; 't is indeed great cause of lamentation ; and we are not only sensible of it , but those that truly fear god , sigh and mourne in secret , for the great shame and reproach , that the authors the●eby have brought upon the professors of godliness . we have been tender of saints blood , and very careful that poor innocent souldiers should not be destroyed , being sent by your commands , to oppose the authority of parliament ; but we have waited their coming in to us , and they have not as yet received any hurt from us . if the great providences of god working contrary to your expectation , and the wonderful confusions and distractions , may work upon you , and stir you up to be that wise man to make up these breaches while you have time , we shall have cause to blesse god for it . vve hear vice-admiral lawson declares for the restoring thu parliament , and is in the thames with the fleet in order to it . his declaration is sober , general monck desires the like ; we believe thousands will joyn with them , why should we divide upon this point ? we have seen a paper for a parliament to sit down the of january , we cannot think the people will choose upon that authority , we are sure no qualifications can be made without parliament : so that the time will either be lost , or the cause hazarded by such proceedings ; we cannot but grieve to see the delay in restoring the parliament ; we believe god will again restore it , and those that contest against it , will in conclusion be found fighters against that which god hath owned , and will yet make instrumental for his glory , and the nations good ; for our own parts ; we are most ready and willing to lay down all , or any of our imployments for the publick peace : neither do we desire to hurt the persons or estates of any of those that have formerly been instrumental in the parliaaments , service ; we desire to be , not mistaken , we write not this as being under any fear of the place wherein we are ; for if ten thousand should come against us , our good god being with us , who hath furnished us with men and provisions sufficient , we need not too be afraid : only our sence of poor england's misery , and having earnest bowels after a speedy removall of our wofull distractions moves us to presse you to take off the force from the parliament doors , that the members may return to the exercise of their trust , without which we cannot expect peace or settlement ; and what you do , do quickly , for we know not what mischief a day may bring forth , and the sad consequences that may follow thereupon , and then you may repent when it will be too late . we are my lord , your lordships humble servants , arth. haslerig herb. morley , valentine walton . for the right honourable the lord mayor , aldermen and common counsell of the city of london . my lords and gentlemen , upon our first comming to this garrison , we writ to your lordship , the aldermen and common counsell , but fear it never came to your hands ; we now understand that vice admiral lawson hath declared for restoring the parliament , and in order to that hath brought the fleet into the thames , we hope you will joyne with us , and cause the force to be withdrawn from the parliament doors , that so there may be an authoritie which the nations will own that may heale the breaches , and remove confusions , which otherwise may suddenlie destroy us , we have seen a paper that mentions a parliament the th of january next , we conceive that authority will not be owned , neither can any quallifications be made but by parliament , so that the losse of time may prove our ruen the interrupted parliament is ready and know their work , and must lay the foundation for future parliaments , what hath caused all our miseries , but the first interruption of the parliament , all things done since by other conventions , being voyde and null , as you desire peace and settlement , we intreate your best assistance for the safety of the city and nations which are highly concerned in the speedy sitting down of the parliament ; we are my lords and gentlemen , your most faithfull and humble servants . arthur haslerigg . herbert morley . valentine vvalton . portsmouth , decemb. . . december , . the lord mayor , aldermen , and common council of the city of london , in common counc●l assembled , read two letters from portsmouth , dated the th . instant , sent by col. sir arther haslerig , col. herbert morley , col. valeutine vvalton , commissioners appointed by act of parliament for governing the army , and ordered that the thanks of that court should be given to them , and appointed three commissioners , alde man vvilliam thomson , col. edward brumfield , mr. richard foord , to go to portsmouth to signifie so much to them , and to confe● with them about the peace and safety of the commonwealth of this city . right honourable , at our general meeting this day , your lords hip received of the th . instant were communicated to us and taken into our most serious consideration ; and thereupon in performance of your desire and the discharge of our own duty in order to the preservation of the cause of god these nations and this city , vve , resolved to use our indeavours for composing the late unhappy diffetences between the parliament and army , and that the parliamene may spedily be restored to the exercise of their trust , and accordingly appointed a committee to signifie the same as our opinion unto the councel of officers , which we thought meet to certifie in answer to your honours above-mentioned letter , and that we are guildhall , london th . december . your honours and the commonmonwealths most affectionate and falthfull servants . the committee of the militia appointed by act of parliament for the city of london . these for the right honourable , sir arther haslerig , barronet , col. morley , and col. vvalten at portsmouth , present . the committee of militia for westminster acted very readily , and raised all their forces for the defence of the parliament . finis . the case of sir charles porter knight. wiliam adderley esq; touching their election for new windsor. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of sir charles porter knight. wiliam adderley esq; touching their election for new windsor. porter, charles, sir, d. . adderley, william, fl. . sheet ([ ] p.) s.n., [london : ] caption title. publication data suggested by wing. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng porter, charles, -- sir, d. -- trials, litigation, etc. adderley, william, fl. -- trials, litigation, etc. england and wales. -- parliament. -- house of commons -- contested elections -- early works to . windsor (berkshire, england) -- politics and government -- th century -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of sir charles porter knight . william adderley esq touching their election for new windsor . sir christopher wren , and baptist may esquire , were chosen by the mayor and select burgesses only , not exceeding thirty . sir charles porter , and william adderley esquire , by the general burgesses and inhabitants , paying scot and lot ; who doubt not but to prove , that the right of election is in the general burgesses , and consequently , that they are duly chosen . . from ancient returns . . from judgments in parliament . precedents of returns . . hen. . major & communitas burgensium elegerunt , &c. in sujus testimonium sigillum commune omnium & singulorum burgensium , & communitatis praedict ' est appensum . . hen. . return in the same words . . hen. . return in the same words . . hen. . major ballivi & tota communitas elegerunt , &c. . edw. . return , per majorem ville five burgi simul cum ballivis , burgensib ' & communitate . . mary . return , per thomam goade majorem ville five burgi de nova windsor in com' berks , simul cum bugensib ' & communitat ' &c. . & . ph. & mary . major & ballivi & burgenses simul cum communitate ex communi assensu elegerunt , &c. . & . ph. & mar. return , per majorem simul cum burgensib ' , & communitat ' ! . & . ph. & mar. return in the same words . . eliz. major simul cum ballivis burgensib ' & communitate elegerunt , &c. . car. . . car. . mayor , bayliffs , burgesses and inhabitants , have chosen and sealed with the common seal and the inhabitants . judgments in parliament . in the years resolved , that all the inhabitants in general , and not the special burgesses only , have the right of electing members to serve in parliament . obj. . that some latter returns are by the mayors , bayliffs and burgesses , and under the common seal . answer . that makes nothing against us , every inhabitant being a burgess by the charter of ed. th , and most returns where there is a mayor , being under the common seal , tho' they chuse by the inhabitants at large . obj. . that two judgments of parliament , viz. in the years and , are in favour of the mayor and select burgesses . answer to the first of these judgments we answer , that the resolution in the year ; was occasioned by one starkey's mislaying the records of those returns abovementioned , as appears by the report of the committee , . as to the second , we conceive the case in . was grounded upon necessity , the person that contested the right then being speaker of the house , and hope neither of these judgments shall be able to set aside an undoubted right , proved by so many ancient returns , and setled further by three resolutions , against which there can be no objection . note . they were not form'd into a select number not exceeding thirty , till king james the first 's reign , which shews the ancient right of election cannot possibly be in them . note . that if the select burgesses should be admitted to have the sole right , then in case their corporation were dissolved , either by surrender or forfeiture of their charter ; the town of windsor could send no burgesses to parliament , which would be against all reason . notes, typically marginal, from the original text notes for div b -e vid. char. edw. . vid. report , . a vindication of king charles: or, a loyal subjects duty manifested in vindicating his soveraigne from those aspersions cast upon him by certaine persons, in a scandalous libel, entituled, the kings cabinet opened: and published (as they say) by authority of parliament. whereunto is added, a true parallel betwixt the sufferings of our saviour and our soveraign, in divers particulars, &c. by edw: symmons, a minister, not of the late confused new, but of the ancient, orderly, and true church of england. symmons, edward. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vindication of king charles: or, a loyal subjects duty manifested in vindicating his soveraigne from those aspersions cast upon him by certaine persons, in a scandalous libel, entituled, the kings cabinet opened: and published (as they say) by authority of parliament. whereunto is added, a true parallel betwixt the sufferings of our saviour and our soveraign, in divers particulars, &c. by edw: symmons, a minister, not of the late confused new, but of the ancient, orderly, and true church of england. symmons, edward. symmons, edward. true parallel betwixt the sufferings of our saviour and our soveraign, in divers particulars. [ ], , [ ], - , [ ] p. : port. (metal cut) s.n.], [london : printed in the yeere, . place of publication from wing. a reply to: the kings cabinet opened. in this edition line five of the quotations on title page has "himselfe". "a true parallel betwixt the sufferings of our saviour and our soveraign, in divers particulars" has separate dated title page; register and pagination are continuous. with three final contents leaves. register and pagination are continuous despite pagination. reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- i, -- king of england, - -- early works to . england and wales. -- sovereign ( - : charles i). -- controversial literature -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of king charles : or , a loyal subjects duty . manifested in vindicating his soveraigne from those aspersions cast upon him by certaine persons , in a scandalous libel , entituled , the kings cabinet opened : and published ( as they say ) by authority of parliament . whereunto is added , a true parallel betwixt the sufferings of our saviour and our soveraign , in divers particulars , &c. by edw : symmons , a minister , not of the late confused new , but of the ancient , orderly , and true church of england . remember ( lord ) the reproach of thy servant , how he beareth in his bosome the reproach of all the mighty ( wicked ) people . wherewith thine enemies have rep roached ( o lord ) wherewith they have reproached the foot-steps of thine anointed . psal. . , . his enemies will i clothe with shame , but upon himselfe shall his crown flourish . psal. . . even so , amen . rev. . . — but thou , o lord , how long ? psal. . . printed in the yeere , . to all that truely feare god , into whose hands this booke shall come . christian friends , this book here tendred to your view , was ( for the most part of it ) made in cornwal , in the year . i was quickned in my undertaking by a noble gentleman of great faithfulnesse and loyalty ; that county hath many such . before it was quite concluded , the enemy , like a flood , brake in thither : whereupon to preserve and finish it , i went to france , but by so doing , i had almost lost it ; for my cloak-bag , which contained it , ( and all i had beside ) passed ( by accident ) in one ship , and my self went in another , and we landed an hundred miles asunder : that was plundred , and nothing therein returned unto me , but onely these papers , & they by meer fortune some six weeks after . which speciall providence in their particular preservation , spake them to my heart , gods will to have them published , & to my hopes , his purpose to grant a blessing : hereupon i fitted them for the presse with all speed , and they were ready in may ▪ . nor was the fault in my will , that they were not then committed to the same . but perhaps god had a speciall providence in this also , peoples hearts were not then so capable to receive a vindication of their soveraign from a fellow-subject , as now they are even forced to be , by that illustrious eminency of his graces which hath beamed forth in his dark condition , even to the conviction and admiration of all reasonable creatures . since the finishing hereof , i had occasion to see and observe the manners and conditions of the french nation , both those of the romish , and of the reformed religion ; and my speciall care was , to understand what sense they had of the present differences in our church and nation ; which truly to remember , is but to renew that griefe i had in observing . in briefe , they both conjoyntly rejoyced at our follies , and ( as appeared to me ) desired our ruine : and this did chiefly occasion the writing my post-script , which was done the last spring , at my returne into the hither parts of that kingdome , where i understood also of his majesties restrained condition at holdenby . about the time of his deliverance from that place , by gods direction and merciful protection , i came back safe into england ; but fancying the season to be then past , for publication of my book , in regard of those great alterations which had happened since its first composall : and withall , some hopefull reasons offering themselves to my thoughts at my first arrivall , made me conceive it would not be so needfull . therefore i resolved to lay it aside . but after some moneths expectance ( those new hopes being likely to prove tympanous ) i was solicited by some friends from the farthest part of the kingdome , to put it to the presse : now i was in a place where the same might be done ; who also informed me that ( in their apprehensions ) vulgar hearts wanted satisfaction in nothing concerning the kings integrity , but only in the matter of those letters , which did still scruple many of them . wherefore they conjured me , ( if i rendred his majesties honour indeed ) that i should give the world a speedy view , of what i had writ to that particular . these arguments easily prevailed with a willing mind , which was encouraged farther by that free liberty which i saw daily used by others , in writing & speaking against those sins and sinners , which this book reproveth ; though to my griefe withall i saw in many papers wickednesse rather scoffed at , then pursued with such grave and home rebukes as the case requireth : and sin thereby i perceived was rather made a matter of laughter , then of sorrow , even to the most guilty , ( through that impudence which is in them : and yet i doubt not too but ingenious lashes are sufficiently distastfull to galled spirits , because there is truth as well as wit in them ; they haply may be as rods to rotten hearts , but gods word if closely applyed , ( as i hope in some measure t is in this book done ) will prove unto them as a very scorpion ; if those make them hisse and spit , this will make them even rage and roare ; for the more divinity a proofe carryes with it or in it , the more tormentfull it is alwayes unto the wicked . sic scriptum est may haply silence satan , but t is not alwayes so powerfull upon the spirits of proud men . the pharisees were so far from being quieted by christs doctrine , that they grew more inraged , and were incensed thereby to seek his ruine , and had no rest till they had procured it , though they got none by it . and let any one practice christ , or follow him in his way as close as he can , he shall ( doubtlesse ) meet with those that will practice the pharisees , and follow them a great deale closer . it was in my thoughts ( i confesse ) to have concealed my name , as you may see in the following preface , and for what reasons : but i have altered my resolution concerning that particular , from these considerations . first , if i had not owned my work , i had done that which i dislike , and incurr'd the blame which i object to others ; i had hazarded my book to be entitled a libel , and exposed my selfe to be reckoned in the number of night-birds that love darknesse : yea , i had receded from my former self : for when the king was in a condition visibly potent , i prefixt my name to all i writ ; and if i should forbeare to do so now , i should appeare as faln in my zeal , and abated in my dutifull affections , by the increases of his afflictions . i read of nicodemus , who affecting secresie while jesus was at liberty , came to him by night ; but when he was in restraint , he thought it his duty to discover himself in his behalf , and so he did more then ever : all scripture is written for our learning . secondly , i held my self bound to attest my keeping , as i had done my taking the protestation , and that was , by writing my name . for this , my book is nothing else but the discharge of my conscience and duty in that respect : herein i have ( according to the very letter of it ) with my power maintained and defended , . the true reformed protestant religion expressed in the doctrine of the church of england against popish tenents , and innovations : . his majesties royal person , honour and estate , according to mine allegiance : and . the power and priviledges of parliament , together with the true rights and liberties of the subject : yea , i have here endeavoured with all faithfulnesse , to vindicate the dignitie of that high and supreme court , from the scandall of rebellion , oppression , injustice and other evils , which to its great disgrace have been practised under its venerable name , and thereby ( so much as in me lieth ) i have freed it from the merit of that odium which is wrought in peoples hearts against it : for indeed the very name of parliament is grown more hatefull to many of the vulgar ( through their ignorance , ) then ever that of starre-chamber , or high-commission was : and they wish and pray ( through their folly ) that the same may be quite abolished as those others are . i have also herein opposed and endeavoured to bring ( by discovering their wickednesse ) to condigne punishment those evill workers , who by force , practice , councels , plots , conspiracies , and every other way have done things contrary to all those things in the said protestation contained : all which i promised and vowed to do , in a lawfull way , ( which is that of my calling ) even with the hazard of my life as well as of mine estate ( which is lost already ; ) and this my conscience sayes i shall not fully do , unlesse i publickly own my doings by prefixing my name unto them . thirdly , i considered with my self , that by concealing my name , i should seem ( in a sort ) to be ashamed of that truth which i professe to maintain , and of following my master christ , in his way of detecting hypocrites , and wicked men : he saith of himself , that in secret he had spoke nothing , that is , he was no back-biter , no whisperer against any in private corners . he spake openly against mens evill doings , and was never ashamed to acknowledge his own doctrines : and he hath said too , that i cannot be his disciple , that is , approved indeed , unlesse i follow him , viz : in his very way , doing his work after his very manner ; though i meet with his crosse in the doing of it , which also i must take up chearfully after his example , be it with the losse of my life it selfe ; he lost his before me . fourthly , i considered that my book is likely to prove more serviceable by mine open acknowledgement of it ; the writings of that couragious and learned judge , master david jenkins , are believed to have done the more good by the setting his name unto them : nor did i think it comely that any man should appeare more resolute for the law of the land , then the ministers of christ are for the law of their god. for mine own part i am sure i should shew my selfe most strangely ungratefull to the almighty , and distrustfull of him , ( after so large an experience as i have had of his mercy and goodnesse ) if any feare of danger , should make me upon this occasion obscure my self . my former books ( though plain ) ( by his gracious blessing ) were not unfruitfull among many of my countrymen , unto whom my name ( as of late i perceive ) is not so distatefull , that i should think them unwilling to see it in print again : and from any hurt by those that took offence at them , my god hath hitherto protected me ; as he hath often done ( praised be his name ) from the mischiefs ( of being beaten and pistolled ) often threatned by some of the prophaner sort of our cavalleers , for my free preaching against their blasphemy and dissolutenesse , their selfseeking , lust-pleasing , and king-neglecting basenesse . now after davids way of arguing ; he that delivered me from the lion and the beare , can also , &c. he is the same god still , if i can but believe , he can , yea and will preserve in the midst of danger : wherefore though it was once in my mind ( viz. when i was at a great distance ) both to conceale my name , and also to keep out of their reach , ( as may appear by that passage page . ) yet now being returned amongst them , i have for these reasons altered my resolution in that particular . and again , beside these reasons , i had in my heart also these reasonings : what if i do suffer ? is it not for a king , a gracious king , to whom i have sworn allegiance , and under whose protection i have laboured in gods vineyard ? is it not for a church , a mother-church , that admitted me first christs member , and afterwards christs minister ? is it not for keeping the protestation , that protestation tendred to me by the parliament , when it was a parliament ? is it not for discharging my conscience and office ? for telling people of their sins ( according to gods command ? ) for detecting hypocrites after christs own example ? and shall i by suffering for the same do any other , then with simon of cyrene help my saviour bear his crosse ? have i yet resisted unto bloud as many before me have done ? ought i not to be willing to lose life it self for my brethren , to redeem them from the wayes of sinne and errour ? may not haply this their redemption be effected sooner by suffering , then by preaching ? is not my exclusion and debarment from an appointed place to preach in , a kind of a call or setting aside to sufferings ? could saint paul have wished himself even separate from christ , if on that condition he might have united his countrymen unto him , and should not i be willing to go to christ for the gaining of mine ? am i not christs own to be disposed of for his service ? did not he buy me for that end ? did not he honour me with the dignity of being one of his ministers of purpose that i should bear witnesse of his truth ? is it any new thing to suffer for the sake of that ? shall i ( if thereunto called ) be the first that have attested the same unto the world ? beside , what advantage will the adversaries get to themselves by being cruel to me ? shal they not rather confirm thereby to the world what i have written of their conditions ? nay , shall not those whom i have detected onely in the generall , by their being angry at me , expose themselves to be known particulatim & nominatim , and shall hey any whit strengthen their dominion by my ruine ? shall they not rather hasten their own thereby ? was not the reigne of the popish bishops here in queen maries dayes the sooner at its period ( in the judgements of all men ) for their persecuting those reverend bishops and ministers , who opposed their sinnefull wayes , and sealed wi●● their bloud that doctrine and lyturgie , which is now a pulling down in this kingdome ? these and such like also were the reasonings of my spirit , concerning this matter of prefixing my name , to this vindication . but perhaps some of you will say , ad quid perditio haec , what needs all this waste of words ? times are not now as they have been . many of the presbyterian faction , in whom the spirit of cruelty is most naturall , and who ruled the rost when most of these villanies were acted , which your book reproveth , are either runne away , or turned the other way : for the militia ( now most in the others hands ) hath proved a stronger argument with their consciences , then their covenant : & therefore there is no cause to fear persecution , for a discharge of duty : and besides , these are times wherein every one may speak and practice as himself pleaseth , nor can any be imagined so vile as to permit all that will ; to write against that king whom god hath commanded to honour , and that church which baptized and taught us all the knowledge of god we have , and be offended onely at those that write in their behalf : shall we think that men have leave in these reforming times to be any thing but true protestants , and to do any thing but their duties ? away , away with all panick fears . to this i answer : . there is a leaven of that proud and sower faction yet remaining . . there is a generation of apostate priests , too much in favour with men of power : and these are mischievous men , who having themselves betrayed the truth , cannot abide that any should appear for it ; they have hitherto been the chief movers to persecution , for those greater persons would never ( doubtlesse ) have defiled themselves with such actions , as casting gods ministers out of their possessions , if some of these little satans had not stood at their right hands to tempt them , & provoke them . now these persons , ( specially those of mine old acquaintance ) do cry nothing but hanging , hanging against me , ( for i believe , their sight of me puts them in mind of their own apostacy , from that way of christ , wherein formerly they walked with me ) they have confidently said it , that the parliament would hang me : and why ? because i was one ( among many others ) that had proved this unnaturall warre to be unlawfull by gods word , and had vindicated sacred scripture from those false and perverse glosses , which for ill purposes were put upon it : and these prophets ( that in this particular at least themselves may appear true ) will do their best i beleeve with the members of both houses , to make good the word which they have spoken ; for those lords and gentlemen whom they relate unto ( if they can prevaile with them ) shall be all conditioned like dionisius the tirant of siracuse who sent philoxenus to the gallows , because he would not flatter him . but as the prophet said , so say i ; as for me , behold i am in their hands , let them do with me as seemeth meet & good unto them , &c. it hath been mine endeavour this seaven years day , and my usuall prayer , that i may be able to conclude as m. bradford the martyr did concerning those that had power over him : viz. if they shall imprison me , i le thanke them ; if they shall burn me , i le thank them ; if they shall banish me , i le thanke them ; but if they shall give me leave to preach the gospell , i le thank them more : and i promise them withall by gods grace , to be a daily petitioner for their conversion , and for the pardon of their sins . and for my kind brethren , i will ( in requitall ) remember them of their destiny : they may reade it themselves in isay . . the prophet that teacheth lies is the tail : so in mal. . . . the lord speaking to some of their stamp , saith , because ye have departed out of the way , and caused my people to stumble , therefore i le make you the most vile , base & contemptible among them . yea , i doubt not e'relong but by most men they 'l be so reputed , ( however of late they have been honoured : ) and justly indeed do they merit to be the tail of the people , for making themselves to be the tayl of the dragon : which they have manifestly done by their casting down the stars from heaven , the orthodox ministers out of christs church : but when this their day of contempt is come , and they are assaulted ( as that popish doctor bourn was in queen maries dayes ) even in the pulpit , from whence they have vented their lies and blasphemies , ( as to this it will come : ) i hope ( if i live to see it ) i shall have grace to approve my selfe to them , as master bradford did to him ; and help to conduct them away in safety from vulgar rage , & perswade the people to rest quiet ; ( for thus it becomes the true gospel : ) no disaffection have i now ( as god knows ) unto their persons , though i professe my selfe a perfect enemy to their courses . but now ( good readers ) to leave them , there remains onely two requests which i make to you . the first is this , that you would not think amisse of the most high and honourable court of parliament , for those evils that are done in these daies under its name ; and if any suggest that such or such passages in this my book are against the same , believe them not , for i professe unto you , i neither do nor dare think the supreme court of justice in this kingdome to be all one with sinne , or that oppression , sacriledge , rebellion , popery , and those other evils , which i inveigh against , are the actions of that , when god shall please to restore unto us a true parliament , you shall see all these things amended ; and the authours of them severely punished : have still therefore a reverend esteem of parliaments . secondly , i desire that you would not conceive any bitternesse in me or in my book , against the persons of those men that now are called the parliament ( as perhaps some may fancy , because my usage hath not been good ) for i professe here also unto you , that i do not apprehend my self , ( in respect of my self ) to have any true cause of hate towards them : i thank god i can say to them as the apostle to his galathians , you have not hurt me at all : nay , rather i hope they have been the means to make me ( in some sort ) a better christian. the causes of my sufferings ( as i learned at first from some of themselves ) were these foure : i hinted them indeed to the world before in my * loyall subjects belief , and referre them now to your judgements , whether they may not occasion comfort and rejoycing in me , yea and love too towards them , rather then hatred or ill affections . the first was ( as i was then told ) because i was an honest man ; and thereby did more hurt to their cause ( being opposite to it ) in the country where i was known , then an hundred knaves : what greater honour could they do me , then by affording this testimony of me ? this reason i confesse from their mouths was apprehended by me as a timely intimation and call from god , to doe their cause from thence forth what hurt i could , which ( by his power ) i have since endeavoured , and ( by his grace ) shall continue so to doe unto my lives end . ) the second was , because i had preached the truth , which ( the member said ) was not to be spoken at all times ; no not by those intrusted with it of god , though also a divine truth , and in danger to be lost . what an high dignitie also was this to me , to be ranked thus among christs disciples , and thought worthy to suffer ( as the apostles did ) for the truth of god ? the third was , because i was for the king : and what are my sufferings for this reason , but a publick proclamation in my behalf , that i am a good subject , and one of those few , among many , that have obtained mercy of god to be faithfull . the fourth was , because i would not preach to promote the warre . now what fuller manifestation could they make of my being philopatris , a lover of my country ; and a true minister of christ the prince of peaee ; then by their taking from me what i had ; because i would not be tempted to doe a thing destructive to my nation , and mis-becoming the gospel ? yea , and more then this , themselves of late have punished diverse * persons for not being ( like me ) of such conditions . and thus ( christian readers ) having seen the reasons of my sufferings , i beleeve you will judge ( as i do ) that i have no particular cause of hatred against these men , who have been ( as i take it ) but gods instruments to give a good testimony of me unto the world : wheresore ( i beseech you all ) mistake me not in your reading my book : fancy not that , under a notion of bitternesse , which may be called gratitude rather : my endeavours are , to bring them back out of darknesse into light , from under the power of satan unto god : my expressions to this end ( perhaps ) sometimes are sharp and home : but i have been a practitioner in the high art of soul-faving this twentie years , and by gods blessing have attained to so much skill therein , that i know all sinners are not alike , nor must be dealt with in the same way ; our saviour spoke to the scribes and pharisees after another manner , then he was wont to do to the common people : some must by violence be plucked out of the fire . last of all , i desire this of you that fear the lord to afford me the protection of your prayers : i might require you by the protestation you have taken , to maintain and defend me also other wayes , ( as thereby you are bound ) in whatsoever i have here said or done , it being onely in pursuance of the said protestation , ( which i have perfixt to the beginning of the book , that with the more case you may observe and compare mine aims and endeavours with the words and scope therein . ) but indeed your supplications to god , is that onely which i desire , for next to faith in god , i count the prayers of the godly , the best militia under heaven , for protection and preservation ; and so the lord of life and spirit rest upon you , and dwell in you for ever . october . . your brother in christ , and servant for his sake , e. s. a preface to the readers , specially to the loyall subjects of england , scotland , and ireland . christian friends , about july , . a certaine scandalous pamphlet , entituled , the kings cabinet opened , &c. was published by certaine unnaturall englishmen , and dispersed through his majesties dominions of great britaine and ireland , on purpose to make him distastfull to his owne people : yea many of the copies were transmitted to forraigne parts , to render ▪ him a spectacle of offence to the whole world : one of them ( some moneths after the divulging ) fortuned into my hands , which when i had read , and with amazement considered , the reproachful style , and mischievous scope of the authors therein , finding it every way , ( in regard of the persons from and of whom it was ) more vile then senacherib's letter or rabshekah's tongue : i thought it my duty first to spread it before the lord , and then before the world , in opening the true nature of it , which i have here done for these ends : first , to vindicate my soveraigns name and honour , to which as a subject i am bound by common allegeance , oath , and protestation . . to warne you ( my fellow-subjects ) of the snare laid to catch you ; ( for your subversion as well as the kings defamation is aimed at ) and to this i am engaged , as a brother , as a christian. . to detect the virulent natures , and cursed dispositions of wicked men , which i am obliged to performe , in respect of mine office and calling , being one of those , whom god hath honoured to be a seer , or watchman in his israel , a minister of his church , whose imployment is to lay open satans devices , to discover wolves , to uncase hypocrites , according to christs owne example in the dayes of his flesh . ) and to these i may adde a fourth , viz. to justifie the church of england , and true protestant religion , ( whereof i am a member and a professor ) from all allowment and approbation , of any such unreverend , blasphemous , and reproachfull language , against soveraine majesty , as that malicious pamphlet is stuffed withall . peradventure this work hath been already done by others , of like relation with my selfe , who have both confuted the libell , and defended the king : but their piety is no discharge to my duty . i must therefore answer my part unto it , i must also declare my opinion of it ; for indeed ( as elihu in job said ) i am full of matter , and the spirit within me doth constraine me : i took the protestation as well as any , to defend my soveraignes name and honour ; yea and to oppose in my way , all such , as by any means should endeavour to darken , and impeach the same . and let not those persons who first authorized that protestation , and afterward this libel , fancie to themselves , that all men will be induced by this to break that , ( though too many are : ) or that god will so far neglect his anointed , as not to stir up some ( though of the meanest quality , ) who by laying their actions to the rule of gods word , shall freely ( notwithstanding their stupendious greatnesse ) discover to the world , the irregularity of their doings , in their countenancing so vile a thing ( as this is ) against him , whom by all lawes of god and man they are bound to reverence and defend : whereas disdaine ( at least ) and vexation shall be increased in them ; as was in those pharisees , whom hosanna to the son of david was ecchoed from the mouthes of children : nay as our saviour upon that occasion said , should such hold their peace , the very stones would cry out in a case of this nature . as no decree to the contrary could make all men abstaine from confessing christ ; so no threats or feares shall restraine all persons from adhering to their soveraigne , and standing up in his behalfe against calumnie . for a good man some will even dare to die , ( sayes the apostle ) and for a good king shall not some alwayes dare to speak ? 't is true , he is in a low condition at the present ; but must our alleageance therefore be at so low an ebbe , as to suffer him with silence to be blasphemed ? he is in his agony , ought we therefore to sleep ? upon his crosse , should we therefore leave him ? true love alwayes shareth with its object , and appeareth most in a storme ; josephs of aremathea did so : christ shewed his love to us , when we had yet no strength , ( so the apostle . ) ought not we therefore to shew ours to our king , when his strength is gone ? how else shall we approve our selves christs members ? it was the speech of * one to his prince , at the dawning of the gospels light from the mists of popery , tu me gladio , & ego te calamo : and shall we that have seen the bright day , be able to say no more ? surely it becomes us rather to say in this manner , although you ( deare soveraigne ) are not able with your sword to defend us , yet we must and will with our pens , to the danger of our lives , defend you : we should be ready to lay downe our lives for our brethren , ( as saint john tels us ) much more then to hazard them , for the sake of our publike father . let this serve , to justifie my selfe , in this my performance of duty , against such as think ( in regard of my meannesse ) that i take too much upon me ; and also to answer such politique friends , as are apt to disswade loyall affections , from discovering themselves this way , till the king be again in a rising condition . now if any in their reading this my vindication , shall conceive me too sharp sometimes and plain , in my speaking of those against whom i write : i desire such before they censure to remember , that t is the dignity of the highest and most sacred person under heaven that i defend : and is there not a cause to be zealous against them , who have defamed and reviled him ? wherefore should such dead dogs ( dead in trespasses and sins ) curse my lord the king , and i , even contemptible i , not be moved with the same ? a polititian may haply speak from his braine , about the honour and duty belonging to a king , without any touch , or sense of heart : but i am a plaine man , and cannot write coldly , or without affection , about things i hold deare and precious . againe , i desire such before they judge to consider also the condition of that faction against whom i write : they are a generation of people that have done more disgrace and wrong to christs gospel , then ever was offered since christs time : never did any in so short a space ascend to that zenith of villany , as they have done , or pretend more godlinesse , with the practice of so much wickednesse . the papists in . or . yeeres were never able to reach that superlative pitch of dissimulation , hypocrisie , pride , and cruelty , as these have done in . or . these are the men that were wont to brag , that never any puritan was knowne to be in any treason , but bishops alwayes : so layton affirms ( if we will beleeve him ) in his sions plea. but were it so , the scene ( we are sure ) is now quite altered by themselves ; for the grandest treason and rebellion that ever was , is now in action upon the stage of the world , wherein are acting all the puritans , and no bishops . he then , and the smectymnists since , and prin after them , took great pains with much spleen to reckon up many severall actions in severall ages , wherein prelates had been molestfull to the princes of our land : and the world ( supposing they did the same , in dislike and hatred of rebellion ) did commend their zeale in so doing ; but now it appeares ( from what hath followed upon the same ) that they did it rather to another end ; namely , to set forth the better their owne dexterity , in a thing of like nature , to shew that their owne faction ( when they set to it ) could doe more in one act and age , then all those others had done in many . wherefore if their gall then against bishops was accounted godlinesse , i desire that my tartnesse now against themselves , for going deeper in the same condemned paths , may not be accounted bitternesse . god knows my soule is grieved at those very thoughts which arise in me sometime against many of these men , ( once my deare and intimate acquaintance ) and were i not forced in this manner , to disclose their unchristian wares , from meere necessity , in defence of impugned truth ; and to warne the world , to avoid the contagion of seducement ; i should not take that course in describing them , which i confesse is rather more excusable where it cannot , then commonly where it can be spared . furthermore , if any shall conceive that my expressions are not so respective ( as they think is meet ) towards those now above-board called the parliament , ( who are the heads of this disloyall faction : ) i desire such to observe me well , that i speak not against any , as they are parliament men , or as honourable in this world , but onely as they are rebels to the king , and enemies to christs gospel : nor doe i apprehend ( as appeares upon grounds in my discourse ) that they who are guilty of these grand enormities , are any true members ( however they reckon themselves ) of that high court , which i honour with my truest affections , as the very palladium of the kingdome . but those whom i vent my zeale against , i beleeve to be persons designed of god , for the publique abhorment , and scorn of all men , even because they have ( by this wicked libel ) exposed the lords anointed to be ( as christ was ) ludibrium hominum & opprobrium populi : for whoever will doe the jews work , must look to be paid with the jews wages ; and therefore i hold that without offence to god , i may , yea and i ought , to speak and think of them as i doe ; nor must i be a respecter of any , in my opposing sin , but if i look to dwell on gods holy hill , i must despise the vile how great soever . besides , the example of christ is my warrant in this case ; for he ( as a preacher ) did speak against such like conditioned men , with as much severity of expression , as i have done . he call'd them vipers , and children of the devil , though they were of great esteeme , both with themselves and others . and t is well knowne what manner of language elias used to the worshippers of baal ; and in what method and words , among other godly men , lurther in germany , savanarola in italy , philip morney in france , cyprian valera in spaine , and john fox in england did tax and discover the corruptions of the papacie : yea ( as in the preface to the book of martyrs is shewne ) god in all ages hath stirred up some to lay open freely , to the abused world , the hypocrisie and villany of those wolvish people that bore sway in their severall generations . nor will god suffer them in these dayes , to goe long unmasked under false shewes ; he will stir up spirits , who in love to his holy truth , and hatred of sin , shal describe them at large , in their proper colours , yea and transmit their very names , as well as their acts , unto posterity , ( as fox hath done the persecutors in q. maries time ) to their eternall infamie . for my selfe , i doe not name any person ( unlesse those that have named themselves in print already ) nor doe i speak so expresly of any particular , as they in their libel doe of the king : although there is never a villany , cruell act , or blasphemous expression , quoted in this discourse , but the persons by whom spake or done , and the places where , might have been set down punctually : but my opposition is not against men , but sinne , which i hate in all , and in the best most . i pray for the persons of the worst , and i desire all men to joyne with me in so doing , for these reasons . first , christ commands us to pray for them that despightfully use us . . we are christians , in whom as the sight of an enemies misery must awaken pity , so of his sinne must kindle prayer . . they are our countrymen , as those israelites were to s. paul , that thirsted for his blood ; therefore like him we must endeavour their salvation . . they have deserved this duty at our hands , ( though unawares unto themselves ) for by their ill usage of us , they have thrust us farther under gods wing , then we were before , and made us more sensibly to feele the heat of his love , and to taste the comfort of his providence , to be better acquainted with god , and christ , then ever perhaps we should have been , had we alwayes lived at peace in our possessions . many of us had learned to abound before , though not to want , but these have taught us that too : and to see the vanity and ficklenesse of earthly prosperity : they have loosned our hearts much from the world , and made us think of heaven more seriously ; and doth not all this deserve our prayers ? nay and farther , god expects we should ( as by this course we may ) discover a better spirit to be in us , then is in them , and that we serve a better master . and againe , his gospel being now under foot , he looks that we should raise up its honour from the dust againe , in praying for these very men , according to the tenour of it : we have cause to suspect , they have sinned the sin against the holy ghost , ( at least many of them : ) but we are not certaine thereof , and therefore we are bound to pray for them : this is mine exhortation to all men , and the grounds of it , upon which i build mine owne practice ; and let not any think ( notwithstanding my zeale against mens sins ) that i dare be otherwise affected then thus , unto their persons . last of all , if any shall think me worthy of blame , for not plainly expressing mine own name , seeing that i find fault with the authors of the libel for concealing theirs : let such know , that t is not because i am ashamed of it , or of my worke ; but my reason is this : i am an obscure and meane person , and my name can no whit advance the credit of my labours ; but perhaps , even debase it rather , yea , amongst too many of our owne side , ( as they are accounted ) who having fleshed themselves with the monies of the king , or the spoiles of his people , can wallow in luxury , while he is in misery ; and deride at meane persons for being affected for him . besides , the subscribing my name , in regard of my low condition , is likely to be more vexatious to the great men , whom i seeme to oppose , then perhaps my book it self may be : for this ( by gods grace ) may be conceived ( as it truly is ) but a defiance against their ungodly courses : whereas that may be taken as a contemptuous affront against their very persons , nor would i willingly increase sin or rage in any . if any desire to know what i am , let this satisfie : i am one of those weak and despised things , which god sometimes makes use of , to confound the mighty . a member i am , and a minister of the ancient and true church ▪ of england : one that equally hates idolatry and superstition in gods worship and service , as i doe indecency and profanenesse . i am one that can live under another church-government , ( in a state where 't is established by the supreame magistrate ) with more quietnesse ( i believe ) then they can or will doe , that fight for an alteration in this kingdome ; although in my judgement i doe , and shall prefer episcopal government above any other in the world , as being in my conscience most scripturall , and orthodoxall . i am one that loves not to hear calvin railed upon , by them that never read him , for i judge him to have been a great instrument of gods glory , though ( i think him ) not infallible . i entitle not my self unto him , nor to any man else : i am a christian , and that 's my glory . i have bid defiance ( by gods grace ) to the worlds malice , and to the devils works : and have manifested the same against one of them , in this my vindication , which i here commend to the candid acceptance of all you , my fellow-subjects of england , scotland , and ireland , for whom i pray , that you may be all such ( excepting in sins and miseries ) as my selfe am , * phil'anax , * philopatris . may . . in regno nati sumus , deo parêre libertas est . the protestation , ordered to be generally taken , die merc. . maii. . i a. b. doe in the presence of almighty god , promise , vow , and protest , to maintain and defend , as far as lawfully i may , with my life , power , and estate , the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations within this realme , contrary to the same doctrine , and according to the duty of my allegeance , his majesties royall person , honour , and estate ; as also the power and privileges of parliament ; the lawfull rights and liberties of the subject ; and every person that maketh this protestation , in whatsoever he shall doe in the lawfull pursuance of the same . and to my power , and as far as lawfully i may , i will oppose , and by all good wayes and meanes endeavour to bring to condigne punishment , all such as shall either by force , practice , councels , plots , conspiracies or otherwise , doe any thing to the contrary of any thing in this present protestation contained . and further , that i shall in all just and honourable wayes indeavour to preserve the union and peace between the three kingdoms of england , scotland , and ireland ; and neither for hope , feare , nor other respect , shall relinquish this promise , vow , and protestation . a vindication of king charles : or a loyall subjects duty , &c. sect . i. of the supposed authors of the libell . . of the authorizers thereof , and their speciall order : how fit the same should be recalled : a president propounded to that purpose . . a serious expostulation with them about the same , and of their maintaining a base fellow to deride and scoffe at their soveraigne in his affliction . the first thing observable in that disloyall pamphlet , is , the plurall manner of speaking used therein : us , and wee : whence i gather , that it was not opus unius , the worke of one alone : nor indeed had it been possible , so much venome and blasphemy , should be vomited up against gods anointed , without the concurrence of a whole legion . 't is observable in the next place , that the authors thereof . conceale their names ; but their modesty herein is not to be admired ; for satan himself would have done as much in the same case : he acting the calumniators part against his soveraigne , appeared to our first parents in a strange shape , and concealed himself after these mens fashion ; and surely had this book come immediately from him , as it doth from them , he would have blushed to own it . s. paul , s. peter , james , and jude , sending abroad into the world epistles generall to reclaim the seduced , prefixed their names at full length , ( for nothing fell from their pens , either for form , or matter , but what became the gospel of jesus , and workmen that needed not to be ashamed . ) but this hidden crew putting forth a certain thing to a like purpose , ( as they pretend ) have not set down so much as the first letters of their names , s. m. e. c. or the like , that the seduced might , at least , have guessed , to whow they are beholding . sed ex ungue leonem , the devill is discerned by his paw , and the pulpit ( alas ) helps us too far in our search after these men : thence we learn , who beares the bell in these daies , for lying , slandering , and evill speaking . 't is commonly observed that few can act satan now so well , as some of those , who formerly did best preach christ : corruptio optimi est pessima ; time was , when none might , or durst compare with them of rome , for defaming dignities , or soveraigne princes ; witnesse those books of parsons and sanders , in the dayes of queen elizabeth : but were those two now alive , they might go to schoole to our men , in each of whom parsons spirit is both doubled and trebled . and is there not a reason ? they say , these are times of more light and knowledge : indeed they are , in the art , and science of evill speaking . in those former dayes ( of darknesse , as they are now accounted ) when peace , mercy , gentlenesse , and obedience , faith in christ , and conformity to his example , was the sole subject of these mens discourses to the people ; themselves were then but poore fellows , of an underly condition , called and known by the contemptible name of christs ministers : but since this new light ( so much talked on ) hath appeared , and discovered a more gainful and advantagious way , they have altered their scene , turned tragick , and venting slanders and reproaches , have provoked to rebellion , warre and bloud ; whereby they have purchased a new name unto themselves , ( more sutable indeed to their present , then to their former way ) and are called , the ministers of the parliament . and these men , or some of them , ( from the method , stile and matter of that book ) are conceived by many to be the authors of it : which , if they be , i require them by that name of christian ( which as yet they own ) that they shew out of christs gospell , some one precept , or allowed example ( at least ) warranting any to deal thus , with their naturall liege-lord , or with any ordinary man , that 's but a brother , as they do with their soveraigne . suppose the faults here charged upon him , were reall and inherent , and not by perversion onely , and imputation : yet where is there any scripture authorizing this their publication ? themselves ( while they were christs ministers ) were not to alledge that saying of esay , against the intruders of groundles inovations . to the law , to the testimony , if they speak not according to this word , 't is because there is no light in them : they must give us leave to conclude so too , and to say , there is no light in their very selves now , if they alledge neither law nor testimony for this their undertaking . but if these ministers were not themselves the authors of it , yet i wonder there should not be one sparke of ancient love still alive in some of their breasts , towards jesus christ their old master , moving them in his behalf , to vindicate the doctrine of his gospell , and publikely to declare , how far the same is , from allowing any to speak evilly , or defamingly of the ruler of a people . when they were on christs side , i have heard some of them tax luther very sharply for unrevernd speeches , ( in a certain pamphlet ) against our hen. . because he was a king , though not his own ; for ( said they ) such language did not become the gospell . is not the gospell still the same ? yes surely ; and had these men but been the same still too , they could not have seen such a libell printed , and often re-printed at london , in the midst of them , without expressing much of their zeal against it . beside , did not these parliament ministers ( for that now is their beloved title ) take the protestation to defend the kings honour ? nay , were not they the men that tendred it unto others ? did not they preach diverse sermons at the beginning of this parliament , to perswade to the taking of it ? ( i knew one of them that preached a whole week together to that very purpose ) and did they then only urge to vow , & not to pay ? did they then intend ( by their example ) onely to draw people into perjurie ? if not , it lies upon them , as they will answer unto god , ( before whom they did protest , ) for those mens souls whom they did perswade , to cry down this accursed pamphlet , so contrary to the tenour of that protestation : and never to leave begging of them whose servants they now be , till 't is burnt by the hand of the common hangman . but 't is observable in the third place , that this book is said to be published , by the authority of those , who first set out the protestation , yea , and by their speciall order too , published by speciall order of the parliament : therefore some may think , there is no likelyhood , that they who are too big to deny themselves , should be perswaded by their beadsmen , to do any thing against their own order . to which i answer , were they well informed ( by those whom they think well of ) that it would be as much for their credit ( among christians ) to deny themselves , as to contradict themselves , to recall their speciall order , as to suffer it to continue in affront to their generall ordinance , perhaps they might be wrought upon ; and then withall , if a president were alleadged , for ( as they say ) they worke by presidents , ( though not by rule , ) peradventure they might be prevailed with . and for the things sake , i will remember them of one , and it shall be of one that is extraordinary , ( for i conceive an ordinary president will not serve the men that bear sway in this parliament ; ) it shall be a president of their own making , ( which speaks it excellent ) such a president as the like was never heard of before , and so the more fit for their further observance . let themselves call to minde , whether there was not an act , ( which is more then a bare order ) both made and nulled , in the same session , since the beginning of this parliament , though perhaps not dashed by that full authority which did establish it ; yet was it not set aside as needlesse and vain , or ( at least ) as not sufficiently advised upon beforehand ? the act which i mean , was that which concerned the fleet , or navy against the turkish pirats , to redeem our christian country-men from bondage . for their better remembrance of which , i shall beg leave of the readers , to make a little digression , in the relation of some few circumstances : and ( if i rightly apprehend it ) the matter in brief was thus : our good king in his piety and pity to those poor captives , had formerly , ( with that ship-money so grudgingly paid ) built and sent out diverse ships to the same purpose ; and ( god assisting a work so religious , and becoming a christian prince ) he provailed therewith against the pyrats of sally , and freed many of his subjects , from barbarous slavery in that place : whereupon he made preparation also against those of argyer , intending the like mercy for the christians there , but was prevented in his designe by the scottish insurrection , which forced him northward : and before his intentions could return to motion , for that southern expedition , this unhappy parliament ( by his authority ) met at westminster , where ( that it might be conceived some others had bowels as well as he ) a bill was preferred , and disputed upon , concerning a fleet to the fore-mentioned end ; for the maintenance of which , though it might easily have been concluded , by settling of ship-money in a parliamentary way , with an order for the manner of levying the same , to the subjects liking , ( which had been a more safe and sensible kinde of payment , then many disbursments extorted since , and might have been a mean to continue gods nationall blessing upon the whole kingdome , by interessing ( in that sort ) all mens hearts and hands , in so charitable and christian a work : ) yet because it was a path wherein the king had trod , and they had no purpose to deal either with or for him , in any such friendly or loyall way , as might shadow his apprehended haltings from his peoples eyes , by making that cleerly legall , which had formerly appeared somewhat warping . besides , there wanted matter or stuff , to fill up the belly of that monstrum horrendrum , or ungospel-like remonstrance , which was purposed to be made against his government , by which the people were to be taught to beleeve , that the king did never doe any thing well ; therefore by all meanes ship-money must be damned , and cryed down for ever , in perpetuam regis ignominiam , if mouth can doe it : and for the intended navy , another course was concluded upon , to advance monies to maintaine that , viz. from the importation , and transportation of commodities . but ( by the way ) while these things were in agitation amongst the wise ; the king ( having had more sincere , and serious thoughts about that businesse then other men , desiring and hoping to further and speed the designe , with his advice and councell ) sent them his judgement concerning some particulars about the matter , only to consider upon , and to follow if they so pleased ; or otherwise to proceed according to their own discretions : which advise of his , had they taken in good part from their prince and master , they had shewn no more respect unto him , then job was wont to shew to his meanest servant : but they ( lest they might seem to need his help by a civill acceptance of his councel ) were so far from relishing of it , that they presently voted the same to be an obstruction cast in on purpose to stop the businesse , nay a plain refusall of the king , to confirme the bill : whereupon his sacred majesty ( being armed with meeknesse against affronts ) leaving them wholy to their own devises , did presently signe their bill , and in that fashion as they would have him : so discovering to all his people , ( if they would see ) that a vote of parliament may be fallible . and now behold ( to return to the matter ) when this act was thus finished , according to their desires , and all religious hearts raised to an high expectation , of seeing their poor brethren quickly redeemed from turkish thraldome , whether from their dislike of the kings readinesse unto so christian a work , or because they had some other imployment intended for the merchants money here at home , i cannot tell : but that act was never ( as i heard ) put in execution to this day , but even quite set aside ; and as we may say ( so much as in them lay ) quite nullified , cancelled , and repealed : and free leave given to the turks thereby , not onely to take our country-men at sea , but also to come into the very havens of our kingdome , and to carry away our children , to the ruine of christian souls for ever : insomuch , that whereas there was but the number of some . english in slavery , when this so adored parliament did begin , there is now , november , . above . in most lamentable bondage , our king being robbed and despoyled by his loving subjects , ( who consult , ( as they say ) to advance christs kingdome ) of his shippes , and navy : wherewith he was wont to defend his realme from such pyracies . this is that act which i spake of , and the reason of my remembring it at this time , is , to helpe the authorizers of this venemous pamphlet with a president for the recalling their speciall order , whereby 't is published . and now before i return to my work in hand , let me assume the boldnesse to expostulate a little with these men : i am one of gods ambassadours ; jesus christ , who shall be their judge , is my master ; and in his name , let me reason with them about this matter : for i hope i may presume to speak unto them , ( at a distance ) as they are like my self , but dust and ashes . let me ask you a question in the first place , ( o you superlative men , ) suppose some of your novices and under-hand workers , ( as alas you have too many such , i feare even about the king , ) should by this pamphlet , which you ( whom they think infallible ) have by speciall order authorized , or by any other of like nature , published under your protection , be moved to act jaques clements part , or raviliacks part upon the sacred person of their soveraigne , can you imagine that the same will not be set on your score , as well as that of those regicides was laid to the charge of the jesuites , whose custome it was , ( as your selves well know , ) while the doctrine of king-killing was appropriate to their order , to inspire men to the perpretation of that supream villany , by sending forth such conditioned books ( as this is which you have authorized ; ) wherein with most reproachfull language they would paint out the prince designed for slaughter , as if he were the greatest tyrant , promise-breaker , and oppressor of his people in the world , and a person in no sort fit to live : that so it might be apprehended a most heavenly work to rid the earth of him , and a service most acceptable unto the lord ? when raviliack was demanded by his examiners , to declare the reason moving him to his attempt , he answered , that the reasons why it was requisite to kill the king , they might understand by the sermons , and pamphlets of the preachers . wel ( sirs ) we all know the meaning both of you and of your prophets , and therefore as elias from the lord , did charge ahab with the death of naboth , because the letters provoking to it were signed with his seal : so do i from the same lord , charge you with all those evil opinions and hard conceits , which are already kindled in the mindes of any against the king , by the meanes of this pamphlet ; because 't is published by your authority : yea , if any further mischief shall befall his sacred majesty upon the same ; at your hands will the judge of heaven and earth require it : and know you further , that the guilt of all the blasphemies , reproaches , scornes , slanders , which are spit out against the king , either in this book , or any other published by your leave and order , ( without your deep repentance and humiliation , ) shal be heaped upon your souls at the day of reckoning , even as if your own selves had been the authors of them : for nil interest sceleri , an faveas aut facias : to favour and to doe ( in this case ) is all one : nay the apostle speaks , as if those who appove of other folks ill doings , were in a degree worse then the actors themselves , and given up in a further measure to a reprobate sense : qui non vetat peccare cum potest , jubet : ( saies the wise heathen ) not to prevent a mischief when one may , is directly to command it to be done . gentlemen , ( for as your souls friend , i would fain have you recover again that title ) i charge you before the living god , and jesus christ , who shall one day sit in judgement upon you , to ask your consciences in secret , whether it be not a sin , and a wickednesse to speake evil of the ruler of the people ? to act shimei's part against gods anointed ? whether to write , or publish such pamphlets as this , be the way to honour the king in the eyes of his people ? whether you have thus learned christ from the church of england ? whether you ever met in gods word , with any saying or example to warrant you in this way of proceeding ? and i require you also , as you will answer it before the lord , to ask your own hearts , whether to authorize such a work as this ( to the kings defamation , ) be a christian work , honourable and becoming the dignity of a parliament , whose actions ought al to be glorious and presidentiall ? nay is it an act prudentiall in you , thus publikely to own and countenance this prolem populi , this abominable thing , which the very parents , and authors of , are ashamed to father ? what will you say , 't is one of the priviledges of parliament you fight for , to authorize things against the king , against your own allegeance end protestation ? surely ab initio non fuit sic : former parliaments disdained to own such a priviledge , to tread in such pathes : or will you say , you are more omnipotent , then those your predecessours were , who never had those brave advantages that you have ? true , nor never did desire them . but can your new omnipotency make that which is evil in it self , turn good by your authorization ? i pray where had you this large commission ? who gave you this authority ? christ , in whose hand is all power , never did : let your chaplains prove it , if they can , or your consciences affirm it , if they dare . nor will that writ which called you together , and fixt you in your spheare at westminster , tell you , that the king ( the fountain of power under god ) did place you there in this sort to exercise your activity against him : your patent therefore , by which you have authorized this work of darknesse , must needs come ab inferno : and can you expect that the judge of quick and dead , will at the great day pronounce well done good and faithfull servant unto you , for doing satans work , for executing his commission ? o how much better will you finde then it had been , if you had wrapt up your talents in a napkin ? and in the meane time , how much more had it been to the dignity of that high court of parliament , ( which you pretend so much to stand for ) if you had but left out the name parliament , and said , published by speciall order of the rebellious faction in the two houses at westminster ? but now i have begun to take upon me to speak unto you , ( o you lofty men , ) let me ask you a question more to a like purpose : what reward or commendation can you expect at gods hand , for maintaining your beadsman britanicus , to libell against his soveraigne , to teach and excite by his weekly books , the ignorant and seduced vulgar , throughout the kingdome , to joyn with him in reviling and laughing to scorn their publike father , ( now your selves have most unjustly thrust him into affliction : ) dare you say , his expressions are not vile ? o let me beg pardon of my soveraigne , and of all modest men , if ( to the shame of these mens faces , and to the increase of indignation in all godly spirits against their courses ) i doe with detestation repeate over here one of his passages , published to the world on monday the . of august . . where is king charles ? what is become of him ? some say , when he saw the storme comming after him , as far as bridgewater , he came away to his dearly beloved in ireland : yes , they say , he ran away out of the kingdome very majestically : others will have him erecting a new monarchy in the isle of anglesey : a third sort say , that he hath hid himselfe , it were best send hue and cry after him . if any man can bring any tale or tidings of a wilfull king , which hath gone astray these four yeares from his parliament , with a guilty conscience , bloudy hands , and a heart full of broken vowes and protestations ; if these marks be not sufficient , there is another in his mouth , for bid him speak , and you will soon know him ; then give notice to britanicus , and you will be payd for your paines : god save the parliament . o you men of westminster , is this your beadsman that prayes for you , that works for you ? that is maintained and cherished by you ? then these are the scornes of your hearts , the flouts of your spirits , that are vomited up by his mouth and pen ; if not , why have you not hang'd the villain , or rather torn him in pieces with wild horses ? are not you they , that call your selves , the kings most humble , most dutifull , and most loyall subjects ? are not you they that would be accounted the holy , just , most christian , and unerring parliament ? have you not talked much of reforming our church and government ? and will you countenance and favour such persons ? is this the reformation you promised us ? the new religion you will set up amongst us ? is this the way to heaven , which you will trace out to your country-men that adore you ? doth your discipline , purchased with the effusion of so much christian bloud , allow of such expressions , and persons , without correction ? indeed this is the way to work an alteration from what was before : the devil had formerly but his chappell , where god had his church , but from henceforth if you prevail , he is likely to have his church , where god shal scarce have a chapell : wel , as an holy martyr said to others , so say i to you ; i thank god i am none of you : and my prayer is , never let my soul ( o lord ) partake in their counsells , nor my feet tread in their paths : but give me ( i beseech thee ) thy grace to pray daily against their wickednesse ; and let it not , o let it not ( good lord ) be told in gath , or believed in askelon , that these bitter fruits do spring from the tree of protestant religion : let it rather be acknowledged and apprehended that these things are favoured and done by the men of this nation , as they are at this present , ( by satans working ) in a deadly enmity and opposition against their soveraigne , and not as they are either his sworn subjects , or children of the english church . and thus , ( o my god ) as thy messenger , liberavi animam meam , i have dicharged my conscience towards them . sect . ii. . of the pretended end of publishing the libell ; the true end thereof hinted . . their blasphemy against god noted . . how these letters of the king might have been made use of as evidences of truth and loyaltie . . of what stock and linage the authours of the libell discover themselves to be . . of their subtilty , and of that spirit of meeknesse which they boast of . . how aptly for themselves they alleadge the example mentioned by s. jude . i now come to the book it selfe , whose publication they have authorized : and i observe that the persons for whose sake 't is pretended to be put forth , are some , whom the authors call their seduced brethren , to reclaime them : i conceive they are so accounted , because they will not concur , in breaking their protestation , and opposing their soveraigne : i apprehend my selfe to be reckoned in the number : and therefore in the behalfe of my self and the rest , i desire these men , who are so careful to reclaim us , that they would deal plainly with us ; and tell us in downe right english , whether it be any thing else , but our loyalty , our love , and obedience to our soveraigne , which they would reclaim us from : let them in the first place declare unto us our transgression , and prove out of gods word , that we are such as they call us , and account of us : let them shew who hath seduced us : we are of the prophet jeremies minde ; if we be deceived , it is the lord that hath deceived us : 't is his word that hath taught us to honour the king , and to adhere unto our soveraigne ; that is the foundation we stand upon , and so strong and stable it is , that we beleeve and hope these new teachers , shall never be able either to shake it , or us from it . nay we have an apprehension that these men are in a seduced condition themselves , because they are gone out from us : whereas they were once of us , they took the oath of allegeance , and afterward the protestation as well as we , to defend the kings person , honour and estate , against all opposers : and now being themselves out of the right way , we fear they would draw us into the same danger : they tell us we are seduced , onely that we might yeeld so to be . we remember that satan seduced our first parents from their duty towards god , by proceeding in the direct way and mothod of these men : he pretended pity and respect unto them as to his seduced brethren : and to the same purpose as these do , he standred , defamed , and reproached his soveraigne : wherefore these men must pardon us , if but for this reason , we are somewhat suspicious of them . beside , the scripture tells us of some men , who call light , darknesse , and darknesse light ; good , evill , and evill , good : and what know we to the contrary , but these men may be of that number ? our saviour informes us , that in the last dayes , many wolves should come in sheeps cloathing , who ( by fair pretences ) should deceive many : and should carry their designes so cunningly , that ( if possible ) they should deceive the very elect themselves : now as these are the last dayes , so these men have fair pretences , are crafty in their carriages , do deceive many ; and therefore may peradventure be those very wolves , forespoken of . saint john adviseth us , not to beleeve every one , but bids us try their spirits , whether they be of god or no : wherefore having this warning , if we trust these men before we have tryed them , we shall shew our selves as they entitle us , seduced indeed : they must give us leave therefore to examine of what spirit they are , who thus take upon them to reclaim us : whether their doctrine be of god or no ; we will go by christs own rule , let them except against it if they can or dare , by their fruits ( saith he ) you shall know them ; and this their book is their fruit : we will consider whether their speech and language therein , doth not bewray them . they begin thus : it were a great sinne , against the mercies of god , to conceale those evidences of truth , which he so graciously ( and almost miraculously ) by surprisall of these papers hath put into our hands . i confesse they promise faire , like those galathians whom saint paul writes unto , they begin in the spirit , with the mention of sin and mercy : they have ( like those locusts rev. . ) the faces of men , but observe them well , we shall finde they have the teeth of lyons , and the tayles of scorpions : my endeavours shall be on purpose to discover them , that men may avoid them , and not be hurt by them ; which that i may do , i beg of thee ( o most mighty jesus ) who art the light of lights , and doest enlighten every man that commeth into the world , to lighten the understanding of thy poore minister , that he may be able by thy light , to enlighten thy people , so as they may cleerely discerne this work of darknesse , which is cast forth by an hidden crew , to blemish and disgrace the doctrine of thy gospel , professed in this church ; to obscure those beames of majesty , wherewith thou hast decked thine owne anointed ; and to seduce those soules , for which thou sheddest thy precious bould , into wayes of perdition and destruction : that by these my endeavours thy true religion may be illustrated , thy servant the king vindicated , and thy people preserved , to the glory of thy great name , and to the inward comfort of me thy weak instrument , and that for thine owne merit and mercies sake , amen , amen . it is evident , that the ends why these papers were divulged , after their surprisal , together with that bitter preface , and perverse notes upon them ; was to weaken the kings reputation among his people , to take from him the affections of those that still remaine constant and loyal , and to stir up some already poysoned to act raviliacks part upon him ; and yet these men would have us beleeve , that it would have been a sin in them ( forsooth ) yea , a great sin , a sin against the mercies of god , if they had concealed them : nay further , they would have us think , that god himself did graciously , and even miraculously put them into their hands on purpose , yea on set purpose , that they might doe with them , as they have done . we doe confess , if god should so far have forgot himself , his holy nature , his word , and all his former doings , as to put these papers into their hands , to that very end for which they publish them ; he should have done very miraculously indeed , and what he never did since the beginning of the world before : but we the seduced brethren ( as we are called ) should prove our selves seduced indeed , if in this we should beleeve them ; for we could never finde throughout the whole history of the bible , that god did ever yet allow any man to defame his brother , his equall , his inferiour ; much lesse his father , the father of his countrey , and supreamest magistrate in the kingdome ; we finde there a strict precept to the contrary , thou shalt not speak evill of the ruler of thy people : but that god should be partaker also with the calumniator , ( as these men would have him ; ) that he should be chief in the sinne , and help the ill disposed with occasions on purpose , to render that person infamous , whom himself hath commanded in speciall to be honoured , and to whom allegeance hath been sworn , and obedience protested : truly the authours of this libell must not be angry with us ( whom they call seduced ) if for this their assertion , we think them guilty of most high blasphemy ; for we suppose that doeg might as lawfully have pretended that gods mercy gave him advantage by being at nob , to exasperate saul against the priests of the lord : and shimei might as well have said , that gods grace did adminster unto him the occasion of davids passing by his house , on purpose that he might curse him , and raile upon him . the papists have often taxed us , that we made god the authour of evill ; and now these men ( as we conceive ) would faine draw us into that heresie with themselves , to confirme that slander of the adversary : but we would have all the world to understand , that the true protestant professours in the english church , were never yet guilty of this blasphemy , they are rather scabbs , then true members of the same , from whence doth issue this corruption . we remember when rabshakeh , being flesh'd with his masters successe , railed upon hezekiah , he uttered himself after the fashion of these men , as if god had sent him on purpose , to vilifie and defame the king : am i come up ( saith he ) without the lord ? and god observed it , and soon after punished him for it . so we hope the lord hath both seen and heard the blasphemous words of these men , whom their masters , ( the authorizers of their libel ) have set on work to defame the lords anointed , and to reproach the living god : and wil in his due time reprove the words which they have spoken : we have a ground for our hopes in psal. . where god taxeth some that were great pretenders to religion , though haters of his word in their practice ; for they were malicious accusers and slanderers of others , and ( like these men to the ful ) they intituled god to all their villanyes , saying , he was such a one as themselves : but the lord resolves in the following verses , that there should come a time , that he would reprove them , and cal them to a reckoning for all these things : yea , ( saith he ) i will teare you in pieces , and none shall deliver you : and so doubtlesse he wil deal with these men , like forgetters of god as they be , unlesse by a timely repentance they consider of these their presumptions and most ungodly doings ; the lord in mercy vouchsafe that grace unto them : we their seduced brethren ( as we are accounted , ) do in the mean time conceive from this their beginning , what we shal have in their following discourse : and we shal wonder the lesse , when we meet with their unseemly language of , and against their soveraigne , now we have seen such their high boldnesse against the almighty himselfe . but one thing is to be noted further , in those first lines , they call those papers which they publish evidences of truth ; their meaning is , of what themselves have reported against the king , which they ( onely ) call truth , and would have all men beleeve for truth : we know they have often wrested gods scriptures , to make them appeare as evidences of such their truths , and therefore 't is no marvail if ( together with their own perverse notes upon them ) they use the kings letters to the same purpose . indeed i beleeve that these papers might have been evidences of truth and of loyalty too : had the surprizers of them , been guilty of these vertues , and so pleased ; if after their surprizall , finding that by sinister construction , they might prove blemishes to the kings reputation , ( should weak mindes but chance to see them , ) they had presently locked them up in the cabinet again , & sent them secretly to the king : then indeed they might more properly have said , in a private letter to their soveraigne , god hath graciously , and in mercy to us , put into our hands an occasion to evidence our truth , our honest hearts , and loyall affections to your majesty . i would have these men ask their own consciences , whether they doe not think , that david would have done thus , had he met with such an advantage in the dayes of saul : surely they cannot conjecture , he would have done after their fashion : for when he had as large an opportunity of doing his king a displeasure as this was , and some did advise him to make use of it , to such a purpose , telling him ( in effect , ) that it would be a great sinne in him against the mercies of god , who so graciously and miraculously had put the opportunity into his hand , if he should balk the same : but david being a man after gods own heart , knew gods minde better then these men do ; and being as full of truth and loyalty , as ever he had been in his professions of the same , rebuked those who thus advised him , telling them plainly , that never any could go in that way which they councelled him unto , but would prove guilty of high treason , and become liable to gods curse ; but ( sayes he by his actions ) i 'le make another use of this advantage , even to evidence my truth and loyalty , to discover mine honest intentions unto the king , who hath conceived an ill opinion of me : i 'le take away his speare , and the pot of water that stands at his head , where he lies asleepe , then i 'le returne them to him again , that he may perceive that i had an advantage to have done him hurt , but not an heart or conscience disposed thereunto ; and i 'le rebuke abner the general of his hoste , and the rest of his captaines , for guarding the sacred person of their soveraigne , and the things that concerned him so neere no better . and indeed even thus did david doe , and we know what an happie successe he had of his so doing : the kings heart hereupon melted towards him , and he yeelds him to be a righteous man , a wronged person , and pronounceth a blessing upon him : blessed art thou my son david , thou shalt doe great things , and also shalt still prevaile . we do conceive , that if the surprizers , and publishers of these papers , had gone in this way of david , it would have been more to their credits , more becomming that gospel which they pretend to professe , and the duty of christian subjects , then that course is which they have taken ; and we also beleeve , that if they had been as honest men as david was , indued with as innocent and loyall hearts towards their king , as he , they would have done after his manner ; and we desire that they would aske their own consciences , whether in this particular , themselves be not directly of our opinion . but seeing 't is so apparent that these men are of a contrary spirit unto david , ( notwithstanding their great pretences to religion , ) and seeing that god hath suffered them thus fully , and foulely , to discover their false hearts , by their publication of these papers : we for our parts may conclude more truely ; it would be a great sin in us , against the mercies of god to conceale ( and not to take , yea , and to give publike notice to the world of ) this evidence of the truth of their inward malice and wickednesse ( against their soveraigne , ) which he so gratiously hereby hath permitted to us , that we might not be seduced , or misled by them . but they go on , and say , nor dare we smother that light under a bushell , but freely hold it out to our seduced brethren ( for so in the spirit of meeknesse , labouring to reclaime them we still speake , ) that they may see their errour ; and return into the right way . the apprehension and hope of these men , is to discover unto us ( by this their light which they so freely hold out unto us ) some nakednesse in their father : it seemes they are of the generation of cham ; for he in like sort , did freely hold out unto his brethren what he ought to have hidden and concealed . but because they tell us they dare not doe otherwise ; we their brethren , before we yeeld up our selves to be led by them , desire to know , who it is that keepes them in such great awe , that they dared not rather to have acted the parts of shem , and japhet ; which we conceive had been more to their own credit and benefit , and more to the comfort of their posterity : we do not remember any punishment denounced in scripture against those that conceale the imperfections of their father : we are plain men , and love to deal plainly , specially with those that offer themselves thus freely to guide us , and therefore we must tell them , that we suspect them from this word we dare not , to be under satans bondage , for he it is that rules by feare ; he it is that compelleth those that be in captivity under him , to doe wickedly according to his lust and will ; to transgresse gods holy word , and to run themselves upon his heavy curse ; yea , he it is that forceth his servants so , that they dare do no otherwise : surely we beleeve these men cannot shew a better reason for their calling us seduced , then this is for us to hold them suspected : and therefore by this title from henceforth we shall be bold to call them our suspected brethren . and the light by which they would shew us our errour , ( as they call it ) gives us further to apprehend , how justly they deserve this title ; for who but men whom the god of the world hath blinded , would think that the kings errours , ( for such onely in their imaginations is the light which they here so liberally , and freely hold out unto us , ) should be a glasse sufficiently able to discover to us our faults : gods word and law , was wont to be the sole glasse and rule for such a purpose : by the law comes the knowledge of sin , ( saith the apostle ) therefore they must shew us , either that the law is out of date in these times ; grown faulty and unsufficient : or else that the same doth allow us , to withdraw our duty and obedience frow our soveraigne , upon the sight of his supposed or real errours : that god therein commands us to adhere to him with this limitation , unlesse he be guilty of such and such failings : except they can shew us this , we are resolved not to forsake our old light , to be guided by a new , thus devised and held out unto us by our suspected brethren . but , ( by the way ) why do they call us their seduced brethren ? we conceive because they judge us simple , in compare with themselves , and in that regard very capable of seduction , they make themselves as sure of us , as if they had already seduced us ; and therefore they call us their seduced brethren : we confesse our inferiority unto them in this respect , for as the serpent was more subtile then all the beasts of the field , so they in their generation are wiser then we , and do deserve the title of subtile and crafty brethren , as well as of suspected : but we must tell them ex magnis ingeniis magni errores , great errours have not come but from great wit : they were gyants , and lucifer that highly rebelled against god ; and s. augustine adviseth , magis tibi metue cum in intellectu habitat diabolus , quàm cum in affectionibus ; for an erroneous devil in the understanding , will quickly prove a furious devil in the affections , as experience teacheth : therefore we will be content to be esteemed simple still ; yea , to be numbred ( if they please ) among those whom plutarch saies , were rudiores quam qui poterant decipi : for so we hope the devil will have more to doe , to intrap us the simple , then he hath had to captivate , and inthrall them the subtile : for ( as esay saies ) their wisdome and understanding hath perverted them , and caused them to rebell ; and from their wisdome ( doubtlesse ) their hopes doe arise to reclaim , ( as they call it ) or rather to pervert us by their labours ; for so they tell us , they labour to reclaime us : viz. from the errours of loyalty and christian obedience . but they tell us they labour in the spirit of meeknesse ; that they labour we beleeve , their predecessours have done so before them , who have travailed sea and land to make others the children of hell as well as themselves : but that they have any acquaintance at all with the spirit of meeknesse , we can scarce discerne by their writings ; wherein we see nothing wanting save modesty , truth , and sincerity ; but these being the naturall fruits of the spirit of meeknesse , we should have judged the authors of this book quite empty of that spirit , had not themselves informed us otherwise : and yet too by christs own warrant we may be suspicious of those that beare testimony of themselves : a shadow of meeknesse i grant they may have , but the spirit is another thing . when satan loboured with our first parents to the same end , as these doe with us , he had a shadow of meeknesse and love in his expressions ; but not the spirit : so those wolves that were prophesied to come in these last dayes , are foretold to have sheepes cloathing , that is , shadows and pretences of meeknesse , they should bleate so lamb-like , that the very elect themselves , should scarce be able to discerne them ; but yet they should be quite void of the spirit of meeknesse : and verily we suspect these our subtile brethren to be of that number : nay they tell us , that in the spirit of meeknesse they still speak . this word still makes us bethink our selves , how they have spoke already , and to look back to their former language and dealings with us ; and we find that we have been reviled , railed upon , reproached both in print and pulpit , sub tecto , & sub dio , by the names and titles of malignants , papists , devils and dogs ; we have been imprisoned , plundred , and violently divested of all we had , for our conscience and allegeance fake ; we have had our deare wives , our tender infants , our gray-haired parents , turn'd out of doores , and exposed to beggery for our sakes ; our selves being formerly banished and separated from them for gods sake ; because we will not be reclaimed from the gospel of jesus christ ; that doctrine of obedience which all our dayes hath been taught us in the church of england : we have been hunted up and down the kingdome , like wilde beasts by these meek men ; and such as they have set upon us , to spill our bloud : we have had , ( some of us ) the trials of cruel mockings and scornings , yea of scourgings ; some of us have been roasted at the fire , have had our hands and feet burnt off , in a far more cruel manner then bishop bonner served tomkins , or edmond tirrell , rose allen , ( according as it is mentioned in the book of martyrs : ) we have been tempted to take their cursed oathes and covenants , and we have ( thousands of us ) been slain with the sword ; we have been forced to wander up and down , through woods and mountains , shall i say in sheep-skins and goat-skins ? nay , some of us without any cloathes at all , being stripped stark naked by these our modest country-men , as those of our nation , and religion were in ireland , by the barbarous , and mercilesse rebells there , and constrained thus to shift for our lives , being destitute , afflicted , tormented : thus hath that spirit of meeknesse , which rules in these our subtile and suspected brethren , discovered it self unto us ; and say they in the spirit of meeknesse we still speak , but from this their spirit of meeknesse good lord deliver us . they proceed and say , for those that wilfully deviate , and make it their profession to oppose the truth , we think it below us to revile them with opprobrious language , remembring the apostle jude , and that example which he gives us in his epistle . the apostle jude in his epistle speaks of certain persons , whom he calls filthy dreamers , because ( doubtlesse ) they forsaking the rule of gods word , talked and dreamed of new lights and revelations ( which also they followed ) these dreamers ( he sayes ) despised dominions , and spake evill of dignities , viz. of such persons to whom ( in regard of their authority and eminency ) they owed their highest duty and reverence ; and the example which the apostle gives ( to whom he resembles these men ) is of the devill himselfe , who disputing with michael the arch-angell ( a supreame servant of god , maintaining the truth against him ) did assault him with railing accusations ; now these our subtile and suspected brethren tell us , that they remember the apostle jude , and the example he gives them : indeed we perceive they do remember it very well ; they are full as good as their word in this particular ; nor could any men remember it better then they do , or shew a more absolute conformity unto it ; for they dreame of new lights , they despise dominions , they speak evill of dignities : their chief contestation is with the supreamest of gods servants in this kingdome , whom for his defending the truth they do assault , and revile with most opprobrious language : and we do verily beleeve too , their spirits are so high , that ( according to their own saying ) they think it below themselves , to speak altogether so evilly of any , as of dignities ; to offer so much despight to any , as to their betters , under whose dominion they ought to subject themselves : for they remember what the apostle jude sayes , and the example which he gives them in his epistle . besides , if they should rail with opprobrious language upon those who wilfully deviate , and make it their profession to oppose the truth , they should revile themselves , and give ill language one to another , for ( if practice may speak profession , and what men be ) they are the most wilfull deviatours from the known truth , and the greatest opposers of it , that ever sprung from the bottomless pit , in this last age : and so they should shew themselves not only forgetfull of the apostle jude , and the example which he gives them : but also of themselves , and of that oath and covenant , which they have taken to hold one with another , and to assist each other in this their wilfull deviation against the truth , and against their soveraigne : for though they have broken their oath of allegeance ( so often taken ) to defend his life and honour , who is the defender of the truth , yet they are resolved , not to break that other , which they have taken since , not to lay down armes ( of which their tongues and pens are a speciall part , ) till they have had their will of the king , and satisfied their lusts upon him ; perhaps indeed afterwards , they may be at leisure to break their oath of association too , and may come to be so humbled by one another , that they may not think it so below themselves , ( as it seemes yet they do , ) to revile with opprobrious language , those that wilfully deviate , and have made it their profession to oppose the truth . but truely we , ( their simple brethren ) are of opinion , that if these high-thoughted men , did not at this present think it below them , to shame themselves ; to upbraid their own hearts with their own wayes ; to charge their own doings upon their own consciences , but would suffer that sepulcher in their own bosoms to open : that the steame thereof might ascend into their own nostrils , to the loathing of themselves ; they should do more becommingly , and what in the end would be found more comfortable . but concerning the scripture which these dreamers have alleadged out of s. jude ; it being the sole , and onely one produced for their own justification , in these their commentaries upon the kings letters ; we must give them their due praise , and yeeld it was very sutable for the purpose : they goe on , and tell us of something to be seen also , saying , they may see here in these his private letters what affection the king beares to his people , what language and titles he bestowes upon his great councell . sect . iii. . the kings great and true affection to his people evidenced . . how far divers of them that call themselves , his great councell , are from proving themselves his good councellors . the ten rules or precepts whereby they have proceeded . . of the language and titles which they complain of , and how truly the name rebell belongs unto them . . the true cause of that great grief and sorrow so often mentioned : an impudent charge against the king propounded by the libellers . the unlearned ( saith s. peter ) do pervert many things in s. pauls epistles , to their own destruction , through the ignorance that is in them : and if so , then much rather may the malicious make perverse constructions upon the kings letters to the hurt of others , through the bitterness that is in them . truly we do imagine that our subtile and suspected brethren have even so done : and malum being sui diffusivum , they would fain season us with the same liquor which infecteth them : to which end , they would have us look with such eyes as they doe , and to judge with such hearts ; for thereby in time we may perhaps be brought to speak with such tongues , and to act with such hands too ; and ( peradventure ) if we cannot read with their spectacles , or relish their interpretations , they wil conclude us to be stark blinde , and strongly seduced : but if they do , we are of s. pauls minde , and passe not much to be judged by them , our judge is christ , whose gospell hath taught us to interpret better . these letters ( we acknowledge ) have been read , and as proceeding from their hands too , together with their corrupt glosse upon them : and we wish from our soules , we had seen no more disloyalty in the one , then we doe disaffection in the other ; no worse language in their notes against the best of kings , then we doe in his letters against the worst of subjects : we see his tender care to preserve in being , his protestant people in the kingdome of ireland ; ( he being made unable at the present to restore them to their former wel-being ) pap. , and . we see also how desirous he is to settle a peace among his unkinde and unnaturall people of this kingdome , ( though with the diminution of his own undoubted rights , and the lending away , to his own great losse and prejudice , his most just prerogative ) pap. . we see moreover , how his spirit is grieved in him , at the stubbornnesse and perversnesse of the english rebells , that they hindred his hopes of an accomodation by way of treaty , pap. . which ( in the judgement of all that love their country ) would be the best for the people of this land , as the case now standeth : we see in his letters , what resolution he hath to adhere to his clergy , the messengers and servants of the great god , ( who were wont to be reckoned among the better sort of his people , though now with these new and vile reformers , they are the most contemptible ) pap. . indeed his private directions for his commissioners at uxbridge , do alone speake sufficiently his fatherly and pious affection to his people : his words ( as his very enemies record them ) are these , paper . i cannot yeeld to the change of the government by bishops : not onely as i fully concur , with the most generall opinion of christians in all ages ( as being the best ) but likewise i hold my self particularly bound by the oath i took at my coronation , not to alter the government of this church , from what i found it : and as for the churches patirmony ; i cannot suffer any diminution , or alienation of it , being ( without peradventure ) sacriledge , and likewise contrary to my coronation oath : but whatever shall be offered for rectifying of abuses ( if any have crept in , ) or for the ease of tender consciences , ( so as it endamage not the foundation ) i am content to heare , and will be content to give a gratious answer thereunto . had any of the kings predecessours , but offered thus much , half thus much , to the strictest non-conformists in former times , they would have cryed it up , for a token of the greatest affection that ever king did shew unto his people : but the men of our times , unlesse their soveraigne will commit perjury , and break his oath to god ( as they have done theirs both to god and him , ) to please their humours , unless he will commit sacriledge ( as they do ; ) destroy his own conscience , and damne his own soul , to satisfie their lusts , they are resolved to raile upon him for one that beares no affections to his people . but in these his instructions to the same commissioners , we may and do observe more of his affection yet , ( to his own dammage and wrong ) unto his people ; his words are these , ( by the testimony also of his own deadly enemies . ) the militia is certainly the fittest subject for a kings quarrell , for without it , the kingly power is but a shadow , ( who can deny this ? ) and therefore upon no meanes to be acquitted , but maintained , according to the ancient known lawes of the land , ( no otherwise doth the king desire to have it defended and upheld : ) yet because to attain to this so much wished peace by all good men , it is in a manner necessary , ( scil. in regard of the guilty consciences of the rebells , ) that a sufficient , and reall security be given ( even to them to take away ( if possible ) their suspition , ) for the performance of what shall be agreed upon : i permit you either by leaving strong towns , or other military forces in the rebells possession , ( untill articles be performed , ) to give such assurance for performance of conditions , as you shall judge necessary to conclude a firm peace . provided alwayes , that you take as great a care by sufficient security , that conditions be performed to me , ( good reason , ) and to make sure that the peace once settled , all things shall return to their ancient channell . now behold and wonder , ( o all ye nations of the word , ) and judge ( i beseech you ) betwixt this king and his accusers : could any christian deny himself more ? did ever prince deny himselfe so much ? can the desires of any man be more equal and just then these are ? doe you perceive in these his secret instructions , that he covets any more power , or prerogative then is allowed or approved by the ancient and known lawes of the land ? can any innocent disposition upon the earth , possibly give more satisfaction to a perverse , froward and guilty enemy , then is here offered to these men , by a most gracious , and honest king ; onely to procure life and tranquility to his poore people , who are most mercilesly butchered , and abused by their fellow-subjects ? i am confident you will all yeeld , that these expressions of the king , in these his private letters , do discover sufficient affections to his people : and doubtlesse you will judge too , that those who are not of the same opinion , are onely they who desire to denude him of that kingly right , and dignity , which god alone hath invested him withall ; yea , and of his life it self i●● possibly they can , sed providebit deus : god we trust will still protect him . and then further yet , in his directions to his said commissioners concerning ireland : the king infers , that he is willing to consent to any thing , that shall be desired or devised , may but a cleare way be shewed him , how his poore protestant subjects there , may probably ( at least ) defend themselves , and that himselfe shall have no more need to defend his conscience , and crown , from the injuries of this english rebellion . i do not doubt but all men of religion and reason , will acknowledge in the kings behalf , that these be ample testimonies of his true affections ; and yet these men speak , as if the king wanted affections to his people . i confesse there be a company got above-board in these times , who call themselves his people , and gods people , yea his onely good subjects , and gods onely good children ; but in very deed their works speak them neither to belong to god , nor him : loammi may their name & title properly be . the king may happily shew his dislike of them , and their wayes , but this speaks no disaffection in him to his own people , any more then our saviours dislike of the pharises , & their conditions did speak disaffection to his disciples ; those onely are the kings people , that yeeld him their obedience . but they tell us also , that in his letters , we shall see what language and titles the king bestowes upon his great councell : they meane the prevailing faction at westminster , whom they cal great , because they are so strong at this present , and so powerfull , for rabsakeh upon this ground called his master the great king , and nimrod also was called great , from a like reason , he had by cruelty and oppression ( as these have done ) got the upper hand of all his neighbours : 't is the nature of some to affect greatnesse , and to manifest the same , whereas gods delights are to shew his goodnesse rather : had that great councell , ( which they speak of ) been of gods minde , and endeavoured in gods way , to have proved themselves the kings good councell , there would have been no exceptions about language or titles . great we yeeld them , and wish with our soules , they were as good : but we conceive not , how that great councell , can be the kings great councell , ( as these call it ) unlesse onely in that sence , as those husbandmen in the gospel were their lords servants , when having already killed , and beaten many of their fellows , they had entred into a consultation to murder the heire himself ; and to seize on his inheritance for themselves : when their lord did first commit his vineyard to their care to dresse , and keep , while they laboured for his benefit and advantage , he might acknowledge them for his servants : but when once they failed in their trust , sought their own ends only , and his damage , there was no reason , he should esteem of them any longer . lucifer and his companions were at their first creation , sons of the morning , all bright angels , glorious creatures , beloved of god ; but when they entertained aspiring thoughts , disdained their equalls , separated from them , and thought much that he who made them , should be above them ; they fall from their honour , and no longer abode in their primitive condition ; so when mutable men , alter from what they were , they leave their former names and titles . we ( for our parts ) cannot conceive , how the meere place , or bare walls in a councell chamber , can make or continue men to be of the kings councell ; nor can we be perswaded , that the outward taking of an oath or protestation , to defend the kings life , honour , and estate , without a faithfull discharge thereof , and fulfilling the trust imposed , doth speak men to be the kings good councellours . good councellours ( as we apprehend ) are such as study sincerely , and are most specially carefull to maintain their prince his crown and dignity , to prefer his honour fair and splendent , ( as being the very life of his majesty : ) when there is any miscarriage in government , they will rather take the fault upon themselves then suffer it in the least degree to have reflection upon their soveraigne ; they will ( though to their own losse ) endeavour to acquit him of all blame , and to uphold his reputation in the hearts of his people : did ever any honest politician propound such rules to be observed by a kings great councell , or ever any states-men or councellours , who were christian and religious , order their practice according to such precepts as these that follow ? . promise at your first meeting to make your king , the most glorious prince in christendome , and take a protestation to defend his life , honour , and estate , that so he may give the more credence to you , and the common people may have the better opinion of your love and loyaltie ; and so be more apt to do any thing that you will have them . . when you have done this , labour by all meanes to make a strong faction amongst your selves against the king : and if any of your fellows be so scrupulous in conscience , that they will not joyn with you , be sure that by all-meanes , you force them from the councel-house : and if you cannot otherwise effect it , set the common people to threaten and assault them , as enemies to the state and kingdome . . pretend jealousies , and feares ; and hereupon with all speed possesse your selves both of the militia and navy of the kingdome , and see to it , that ( in no hand ) you suffer the king to have any thing to do with either . . seize upon all the kings rents , and revenews , and starve him if you can ; suffer him not to have the common comforts of an ordinary man , to enjoy the society of the wife of his bosome , or any house of his own to lodge in : if he be a christian , put him into his lords condition ; that he may say , the foxes have holes , and the birds of the aire have nests , but i have not where to hide my head. . lay all the miscarriages that your selves , or any other inferiour officers have committed , since the beginning of his reigne , to his charge , in a large remonstrance ; & do what ever else you can possibly devise to make him odious unto his people . . study to vex and grieve his spirit upon all occasions , by all meanes ; pervert and misconstrue on purpose , all his sayings , letters , and doings , and yeeld not to his desires in any thing , be it never so just , and reasonable ; but tempt and urge him , to perjure himself , and to commit sacriledge if possible . . authorize all base libells , all scandalous and lying pamphlets that any one hath a minde to publish against him ; though they be such as not onely the authours themselves , but the very devill himself would blush to own . . kill , slay , and destroy all that love him , and think well of him ; suppresse , reproach , ruinate , banish , imprison , or murder , all those ministers of god , that shall dare to alleadge gods word , in their kings behalf , and fail not to shew speciall favour and countenance , to all such preachers , as have mouth and forehead to belie him , and to defame him from the pulpits , and that will speake of him , as if he were an infidell , an idolater , an apostate . . when you have brought him to a most low and desolate condition , be sure you flout lustily at him ; and hire fellows that are skilfull in scorning , to write weekly pamphlets on purpose to expose him to be ludibrium hominum , & oppro●rium populi : for this was the condition of christ his saviour ; to which he , as well as others who are godly , must be conformable . . let all your consultations be only to throw him down from that excellency wherein god hath set him : although to bring the same to passe , you hazard the destruction of all his kingdomes ; but be sure , you hold your own still , call your selves his great councell , and when ever you write unto him , let it be in this submissive form and stile : we your majesties most humble , and most loyall subjects , considering with great grief and sorrow of heart ; &c. can any men , that have but the least spark of grace , or modesty in them , affirm , that the councellours who walk towards their king according to these or such like rules , do deserve the name of the kings councell ? truly we ( who are accounted seduced ) having been brought up in the plain , honest , protestant christian religion , dare not either think or say they do : we know there will come a day , when all men shall be judged according to their works , and therefore in the mean time our subtile brethren must pardon us , if we so judge of men for the present , as their works speak them ; nor indeed dare we so much disparage the most high , and most honourable court , ( of parliament ) in england , ( to which alone the title of the kings great councell belongeth ; ) as to fasten the same upon such a disloyall , hypocriticall , unchristian , and bloudy faction as this now above-board is , and which walketh according to the fore-mentioned rules . but what are those titles or language , which in these his letters we may see the king bestowes upon his great councell , ( as they call it ? ) we find him therein lamenting their pertinacy , complaining of their stubborunesse , and bewailing the perversenesse of their spirits : as christ could not look upon such conditioned persons without grief and anger ; so the king cannot speake of them without sorrow and indignation : for they were once his people , though now they have plucked their necks from under his yoak : perhaps sometimes he calls them by the name of rebells , and is there not a cause ? did not christ call some that walked in such wayes as they goe in , vipers and children of the devill ? when the jewish nation , whom god had formerly owned for his people , did act the part of an impetious whorish woman ; he called her harlot : 't is fit every thing should be called by its owne name ; and that the name rebell is proper to them whom the king entitles with it , we are able to shew by such strong arguments , as these their champions ( for all their subtilty ) can never answer ; for what ever wickednesse is or has been in any rebels of former ages , is superlatively apparent in these men : let themselves but say what things do make and denominate a rebell , and it shall be evidenced clearly that themselves have the same conditions . are they rebells that lift up a violent hand against the supream magistrate ? or that open a foul mouth against him ? or that publish and authorize base scandalous pamphlets , to his defamation and dishonour ? that violently break all laws , both humane and divine ? if any one of these , or all these together , be the properties of rebells , then these men are compleatly qualified for the title . or again , is it the custome of rebells to slight the kings authority ? to deny him to be gods anointed ? to rob him of his rents and revenues ? to cheat him of his arms , his ships , his castles , and hearts of his people ? to hunt him up and down his kingdome , like a partridge upon the mountaines ? if these be the actions , and works of rebells , then these men above all men have fully merited to be so called . in a word , if absalom , and achitophel ; if sheba the son of bichri ; if korah , dathan , and abiram were rebells in their generations , then so are these in this ; for these have done over all the same things , which every of them did do , though with greater impudence and violence : nay if satan himself in his seduction of our first parents , did act the rebell against the almighty , then also have these against their soveraign ; for they have directly proceeded in his method and way ; as might be shewed in all the particulars : but these examples are all so evident in scripture to peoples eyes , that i shall leave the matter wholly to their own observance , and listen to what these men say further ; having told us of language and titles which the king bestowes upon his great councell , they adde , which we return not again , but consider with sorrow that it comes from a prince seduced out of his proper spheare . what the king bestowes we have heard already ; what they return we shall see anon : only in the first place we cannot but observe their sorrowfull consideration , because 't is a phrase in great fashion , even with them also whom they call his great councell ; who have many a time and oft , told the king in their letters to him , of their own great griefs and sorrowes : but let their consciences speak , what is the true ground of their sorrow , is it not this ? because they that are able to doe so much to the kings damage , to raise so many armies against him of his own people , to corrupt so many of his officers and commanders , for to betray the places committed to their trust , should not yet by all their injurious and contumelious dealings , ( which have been more then was ever offered to a christian prince by protestant people . ) be able to break his heart , and sink him to his grave ; still they see he is strengthened by the help of god to beare his burden : and they have heard ( haply ) of that his pious expression , viz. though god hath pleased to lay on me a greater burden of affliction , then upon other princes my predecessours : yet withall he hath in his goodnesse , inlarged unto me an answerable measure of patience . let their own consciences speak whether ( in very deed ) their grief doth not spring from this consideration : for if they should not effect to vex him to death , or some way or other to bring him to his grave , all their labour would be in vain , and to little purpose ; and how can they consider of this , without great grief , and sorrow of heart ? but these good men ( our subtile brethren ) doe here pretend that their sorrow is , because their prince is seduced out of his proper spheare : yet verily we on the other side do consider of this with more true sorrow ( i dare say ) then they do : for we confess never was prince so far seduced out of his proper sphear , as he was ; when he took them who now call themselves his great counsell , to be honest men : when he gave so much credit to their promises and protestations , as to be perswaded by them , to signe the bill for the continuation of that unhappy parliament : then , o then be was seduced indeed , from his proper spheare , wherein his father set and left him with this caution , alwaies to be suspicious of the puritanicall faction , and never to trust them above all people in the world , as being for ingratitude , lyes , and perjuries , surpassing the high-land theeves and borderers . his seduction from this paternal advise , was the root and cause of all our miseries , and therefore with sorrow of heart , we his loyall subjects cannot but thinke upon it . but to do these men right : they mention their sorrow here , for the kings seduction , to another purpose , namely as a preface to that which follows . m. dike in his book of the deceitfulness of mans heart , sets down , not for imitation , ( as these take it ) but for discovery , the method of a cunning hypocrite in his venting a slander : first ( saies he ) to gain credit with the hearers , he pretends great affection to the party against whom he is minded to speak , professing that with great grief and sorrow of heart , he doth think of him , ( hoping yet that he is onely missed and seduced , ) and so makes a long preamble to this purpose , as if the fault he intends to mention , were as grievous to him , as a blow with a cudgell ; and then at last , out comes the slander , which his viperous tongue layes on with as much spight as malice is able , these ( i remember ) are m. dikes words . now after this very manner , and in the same method , do these our subtile brethren speake to us concerning their soveraigne , whom they are about to slander and defame : first they tell us in some obscure and generall terms , of strange titles , which the king bestowes upon his great councell , which ( say they ) we return not again ; but consider with sorrow that it comes from a prince , ( not so naturally inclined , as we hope , for we would fain think better of him , but ) seduced from his proper spheare , misled by ill councell : and so much for the preface . now to the main businesse , and let all christian people observe it well , how these good sorrowfull men , that promised even now , to give no opprobrious language , will describe their soveraigne . he is , say they , one that hath left that seat in which he ought , and hath bound himself to fit , to sit ( as the psalmist saies ) in the chaire of the scornfull , and to the ruine almost of three kingdomes , hath walked in the councells of the ungodly . now 't is out : and it conteines in our apprehensions these articles against the king. . that the king hath not only neglected to perform his office , but voluntarily , and upon no occasion moving , hath left and forsaken his proper place and duty . . that in the roome thereof , he hath made choice of the scorners chaire , which is the highest seat or throne of wickedness . . that he hath even bound himself prentice , as it were by oath and covenant , to that trade of scorning . . that he hath resolved to follow that profession so long as he lives ; for he hath bound himself to sit , yea , to sit , scil . for ever , in the chaire of the scornfull . . that his aymes and endeavours only are , and have been to ruine three whole kingdomes , which even almost he had effected . . that to this very end , and for no other reason ( as must be supposed ) he hath abandoned the society of most holy and good men , and linked himself by a indissolvable tye , to the society of the wicked , whose ungodly counsell he alwaies walketh in . these are the particulars in this their first charge against the king : but my purpose being to uncase these hypocritical and blasphemous men , i shall first lay open to the world , the full meaning of their hearts , in a true paraphrase upon their words ; and then i shall shew how false and scandalous they be in every respect against his majesty , unto whom they naturally owe , and solemnely have sworne obedience . but first let me beg pardon of my lord and soveraigne , and crave of all loyall hearts that it be not imputed for an indecorum or want of reverence in me to kingly honour , if some of my words concerning his sacred person , do sound unseemly , and unbecomming ; let it be considered , that i speak not my self , but other men , whose hellish intentions toward their prince , are so black , that 't is impossible to expresse them in a language meetly reverend : he that openeth rotten sepulchers may ( though unwillingly ) be offensive . secondly , i desire of all men , that i may not be thought by my manner of speaking , to intend the working of any contempt in peoples hearts against the high court of parliament , which being called in the kings name , by his writ , and acting under the obedience of just and regall power , are with all honour and reverence to be thought upon , and spoken of : yea , and god knowes my heart abhors to be an instrument of working disesteem against any persons of this present assembly , who have pious and loyall affections in them , ( as i beleeve there be divers , even in this very body , that do truly detest the present proceedings of some of their fellow-members . ) i do here profess to all the world , though i use the name of parliament , and great councell , in answer to these libellers , yet i meane onely the present swaying and prevailing faction in the two houses , who are and have been the countenancers of all these abuses against their soveraigne , and the causers of all our sorrowes : and who they in particular are , i doubt not but in due time , god the supreame judge , will evidence to this whole kingdome . this with all humility premised and implored , i proceed as followeth . sect . iv. . the nature of their charge opened . . their vilanous and bloudy scope therein , clearely evidenced , and proved . . how perfectly in their tenents they hold with the jesuites in the points of king-killing and king-deposing , fully declared . the charge or bill of attainder against the king , together with the reason , why 't is thus published to us , and to the people , by these his most dutifull and loving subjects , ( who take upon them to be his accusers ) according to their own full and clear meaning may be rendred more at large , thus : that the king , ( or rather he who was once in that office ) hath voluntarily , and freely , without being urged by any occasion in the world , forsaken his place , wherein he ought to have remained , and which to his great content , he might still have enjoyed , ( had he so pleased ) being not only obliged thereunto by his duty ; but also importuned by the most humble supplications and prostrate intreaties of his great councel : but he meerly out of his own ill disposition , is departed thence , and hath taken up , not onely a standing , but a seat , yea , hath bound himselfe by obligation , entred into a covenant with hell , to sit , to sit ( we say ) as the psalmist speake , ( for we would have all the common people know , that we have scripture for what we say ) in the seat of the scornfull : that is , ( as our prophets interpret ) to remain for ever in the highest throne and degree of wickednesse , that man or devill can reach unto : whereby it appeares that ( ahab-like ) he hath sold himselfe to work all evill , even with greedinesse ; and is past all hope of recovery : moreover , he hath intentionally and on set purpose , been already the ruine almost of three whole kingdomes , and had been so altogether ere this , had not his great councell , ( a company of most holy , chast , innocent , wise and infallible good men ) sitting now at westminster , in their great pitty , and commiseration of spirit , and out of their abounding piety , and meere natural goodnesse interposed themselves , whereby ( thanks only to them ) the three kingdomes are yet kept in being ; which ( before they put to their helping hands ) were at the very brim of destruction . and yet notwithstanding , this wilful king hath left their most sacred , sweet , and peaceable society , out of a pure hatred to them , and to their v●rtues : and hath not onely stepped unawares , but hath even eat and drunk with publicans and sinners : yea , and walked deliberately in the councels of the wicked , and ungodly : insomuch that it is to be thought , the total ruine of the three kingdomes , will shortly be accomplished , do what the great councel can to the contray , unless some noble brutus , some valiant cassius , out of love to their countries liberty , will take the paines to stab this cesar : some devout raviliack in his zeal unto religion , wil do god the service , ( or the kindnesse rather ) to free the world , and church of this destructive tyrant , for 't is better ( as scripture saies ) that one man should die , then that all the people perish ; then that three whole kingdomes should be destroyed . we refer the matter to their own consciences , whether this be not the true sense of their spirits , and whether they would not have the people thus to understand their words , against the king : and to prevent scruples , which may arise in the hearts of any about the businesse , which they would have done , they adde to the former the words following , saying , and though in our tenents we annex no infallibility to the seat of a king in parliament , ( as the romanists do to the papall chaire , since all men are subject to errour , ) yet we dare boldly say , that no english king did ever from that place , speak destruction to his people , but safety and honour , nor any that abhorred that seat and councell , but did the contrary . these words ( i say ) are added to their foregoing description of the king , not only to further the businesse aymed at ; but also in way of prevention : for some might make a scruple of conscience , ( as david did ) to kill the king , notwithstanding these suggestions , because he is the lords anointed : wherefore these circumspect m●n , being ad omnia parati , do signifie further in these words , that no man need be precise in that respect , for say they , in effect thus , we in our tenents ( which are all the truth , and the very truth , and the truth indeed , and so to be apprehended by all men living ) doe make no more of a king , then we do of another man , the seat of a king in parliament it self , is no more then the seat of cesar in the senate-house , it may as well be empty as not , were there but no king at all , ( for 't is not so much his presence there , which we desire and quarrell about , as his nullity , that he might be no where : ) we hold there is no more virtue in the seat of a king in parliament , then in the seat of an ordinary burgesle , ( no nor half so much neither : ) we neither do nor wil in our tenents annex infallibility to the kings seat ; for should we make a pope of the king ? no , no : he is but a man , subject to errours , as others be , and therefore liable to be punished for his faults , as well as others : specially since the soveraignty is transmitted into the hands of the parliament , which was done ( as the parliaments own self judgeth ) when the bil of perpetu●ty was signed . it is granted indeed before that time , the supream power was in him , and we were all his subjects : and then perhaps some might scruple to out his throat , for there were lawes then in force against regicides , but now since his resignation , ( for so in our tenents we hold this act to be , ) there is no scruple to be made , those lawes against king-killers are suspended , and he is now become as samson was without his strength , even like another man , any of the wel affected philistines may fall upon him , mock him , kil him , or use him as they please ; if their new lords ( that is to say ) the worthy members of the parliament do but give leave ▪ for he is now but their subject , their slave ; they are able ( by the infallibility of their votes ) to make him a malefactor , and then to order him , ( if they can catch him ) as such a one ; for infallibly we grant is an attendant on the supreame power ; we do not indeed annex it to the kings seat , because the supreame power is now removed from thence ; while this was in the king , the parliament it self ( as appeares in some of their expresses , ) did use to speak as the law did , modestly of the king , and to say he could not erre ; but now , the case is altered with him , the supreame power being transferred unto other persons , infallibility stil attends the same , and not the kings person : and hence it was , that after the aforesaid act , there was a large remonstrance made , which the authours of , durst never make before , whilst the power was in the kings hand ▪ ( it may be called the parliaments act of gratitude , for the kings act fore-named ) in which they declare sufficiently , their judgement to be , that the king may now be imputed fallible , and unfit to manage the supreame power from thenceforth any longer : and hence also it is , that a new oath of allegeance and obedience to the parliament is tendred to the people of this land , which plainly shewes , that the supreame power is concluded to dwel in them ; and that the old oath is quite void and out of date together with the king. and for the protestation generall , ( which was took at the beginning of the parliament to defend the kings life and honour ) that is to be understood only so long as the kingly and supreame power remained in him , but that being once removed , the pretestation bindes us no longer to regard his person and honour ; but the persons and honours of them only , in whom the said supremacy is now seated : and therefore all the world knows , that the parliament , or great councell , never raised war against the king , never suffered any to take away his name & honour , or to seize upon his revenews , so long as the supream power was in him ; for that had been rank rebellion in them indeed ; but now since themselves were invested in the same ; they set to their businesse , ( as lawfully they may ) to establish the kingdom upon themselves and their successours : first by putting forth their remonstrance against the king , to loosen all the bands of ancient loyalty , and then by seizing upon the militia of the kingdome , the forts , castles , ships and townes , as their proper rights , and all the kings goods and houses , as being now ( in regard of their supremacy ) solely at their disposing ; and then too , after all this , they thought fit in wisdome , to vote the king to be one that intends the ruine of three kingdomes , that abhors his great councell , which speakes nothing but safety and honour to him. yea , ( and in very deed ) he doth envy those worthies , that honour , strength , rule and dignity , which now by gods providence , is so happily cast upon them ; even as richard the third did grutch at those two innocent princes , whose by right the kingdome was , and thereupon did murder them , to get the scepter into his own hands , and the crown upon his own head : so this man aymes at the destruction of the most blessed parliament , whose the kingdome now by right is , and in whose hand all power and authority is lodged and fastned , and there like to remain , so long as a drop of bloud is left in the veines of english-men , who shall fight for them to maintain it : therefore let all men remember richard the third what peace the land had after long wars , when he was once killed , and let them expect the same now , if this man ( who is worse then he ) could be taken away . and no man need scruple to do it , for the supreame authority now above-board doth allow it ; and that is able to make sin no sin , when it listeth ; that hath declared him to speake destruction to the kingdomes , to abhorre the parliament , and never any english king did so , but he spake destruction to himself thereby ; therefore let him have it ; we dare boldly say and assure , that safety and honour is not his portion , but destruction from the lord is appointed to him , the parliament so judgeth , and blessed shall he be , that shal divide it out unto him . and thus all scruples of consciences are removed . i have been the larger in opening the meanings of these men , that i might withall express the ground of their uncouth opinions , and let no good people , who have a charitable conceit of them , think that i stretch their words beyond their intentions , i would not force any mans faith beyond his judgement , much lesse against the same : wherefore let these few following particulars be considered upon , and i beleeve it will be evident , to every reasonable man , that i have spoken nothing , but the reall desires of their hearts and spirits . . consider the nature of the crimes which most maliciously and falsly they lay to the kings charge ; that he hath neglected his office , forsaken his place , that he abhorreth the parliament , walks onely in the councell of the ungodly , that he seeks the destruction of three kingdomes , and is ascended to the highest pitch and throne of wickedness , the seat of the scornfull , and there hath bound himselfe to sit and continue ; what is all this in effect , but away with him from the earth , 't is not fitting he should live ? . consider of some of their tenents , which to this purpose they have been a buzzing a long while , and whispering into the mindes of people , viz. that the king is but onely for the peoples good , he is but their bayliff , their servant , and that the parliament without him is above him , may wage war against him , may depose him , and turn him out of his office , if he be not for their turn ; that they can give commission to any to apprehend , yea , to kill him , if he doth oppose them ; that evill may be done to further the publik good , and in respect of the end aymed at it is not to be accounted evill ; and many such like tenents they have , which let any man consider of , together with their accusations of him , as also what they have done against him , and then say , whether all this doth not signifie , that they would gladly be rid of him , if any would take upon them but to kill him . . consider what high holinesse , wisdome , justice , care of the kingdome is affirmed abroad , and taught to be in them , who take upon them the name of the great councell , or parliament at westminster : how infallible they are preached to be in their judgements , how unerring in their votes and censures , when in consultation together ; though perhaps , ( as particular men ) they may chance to erre sometimes , for 't is confessed , all men are subject to errour ; yet when they are in cathedris , in their seats as parliament men , they are all as infallible as the pope ; and have a power as well as he , to do what they please , to make evil , good ; and good evil : to make rebellion and treason , to be duty and loyalty ; and duty and loyalty , to be rebellion and treason ; to vote sacriledge , murder , and theft to be no sins ; killing , slaying , and destroying to be acts of zeale and christian duty ; yea , what ever they shall authorize with approbation , ( as they have done this libel ) must be received without scruple and haesitation , as pious and godly , though as full of blasphemy as this same is : nay , what man living will not conceive , but they who have authorized this book against the king , will also warrant any man to kill him : to prevent his capacity of punishing them hereafter for it ? and whosoever beleeves it was no sin in them , to authorize the one , will not think it a sin in them to warrant the other . . consider how since that act of continuation of the parliament they have plainly denyed the supreame power to be in the king , and affirme the same to be in themselves ; how they have suppressed the ancient oath of allegeance and supremacy , and disclaimed them both , and have in the place of them framed a new oath and covenant , which they have put upon the subjects of this kingdome ; to sweare adherence and allegiance to themselves : how they have made a new great seal , ( as if the old one with the king were of no longer use : ) how they have seized upon all the royalties of the crown , and upon all the kings personall estate , to be disposed of as their own ; how they have executed all regall prerogatives ; how they call all those that do adhere to the king , rebells and traitours , and pursue them as such , with fire and sword ? how they hunt the king up and down the kingdome , ( as if he were become an out-law , ) seeking to murder and destroy him ? how they ( now of late ) do all in the name of the parliament onely , though at first til the people were fully seduced by them , and ingaged with them , they did use the kings name together with it ; doth not at all this speak plainly , that they thirst to drink the kings bloud , and desire to have it shed or spilt ? . consider how in their notes , ( in this their accursed libel pag. . ) they tax the king as faulty , for his soliciting the king of denmark , and other protestant princes , ( as they speak ) to assist for the supporting of monarchy ; doth not this plainly infer that they have concluded against the government here in england , and so by consequence against the monarch himself ? doth it not evidently declare , that they account him king no longer ? and that all the supremacy is now in themselves ? which being supposed , and withal , that he ( according to their votes , ) seekes the ruine of his people , whose safety above all things must be regarded : it follows of necessity , that they desire the kings destruction , and would have it apprehended , that they do but their duty to the kingdome in desiring it . . consider how they do , ( as in their pamphlets and sermons ) compare the king to saul , ahab , nero , and the like ; so in their malicious notes upon his letters here ( pag. . ) they compare him to richard the third , ( the most bloudy and unjust man that ever swayed the english scepter , ) which plainly speaks , that they would have people take him to be such a one , and to have no more true right to the crown , then that richard had ; and that themselves would be as glad of his death , as hen. the . was of the death of that tyrant . if these particulars ( amongst many others that might be propounded ) be considered on ; i doubt not but all reasonable men wil yeeld , that i have done the authours of this libell right , in my interpretation of their intentions expressed in those their words against the king. but that i might not leave the least scruple in the hearts of any wel-meaning people , that yet remain drunk with a good opinion of their honesties ; and do in charity think it impossible , that men pretending so fair , and having so great a name in the world for religion , should be so diabolical , and have such hellish designes : i wil further yet indeavour their satisfaction , ( for i doe publikely profess , mine aymes are , to do the work of christ , in laying open mens hypocrisie , ) that mine abused country-men , for whom christ died , might not longer be deceived : which work , ( by gods grace ) i shal faithfully pursue , though i meet in the end , with christs reward , at their bloudy hands , for my labour . wherefore , i wil shew , first , that there is no impossibility at all in the matter , notwithstanding their specious pretences which they make : and then it wil further evidence the verity of what i have said , from their own tenents . my argument for the first is this : whatever hath been already , may possibly be again : ( for , ( sayes solomon ) the thing which hath been , is that which shall be , and that which is done , is that which shall be done : ) but such men there have been , who had a name to be alive , when they were dead , in trespasses and sins ; who said they were jewes , ( called themselves gods people , ) and were so accounted by others ; when ( in very deed ) they were of the synagogue of satan : therefore 't is not impossible , but such men may be also in these dayes , which are the last dayes , and therefore the worst , the very dregs of time . for proof of the assumption , let us remember the scribes and pharisees in the gospel , they had as great a name in the world then , as these persecutors of the king have now , and were as wel thought on by the vulgar , in whose opinions , they were farre enough from those villanies , which notwithstanding christ did sufficiently discover to be in them ; nay , the people ( though themselves were imployed as under-instruments in the very business ) were so bewitched with a good conceit of their pharisaical rulers , ( whom they counted the worthies of their nation , ) that they would not at first beleeve , that they had any purpose to kill christ ; for when he said , why goe ye about to kill me ? the people replied , thou hast a devill , who goeth about to kill thee ? they ( good folkes ) conceived that their holy and wise rulers , did onely provide for the safety of church and common-wealth , and endeavoured christs reformation , whom they apprehended to be an irregular man , one that would not submit his judgement to the great councell at jerusalem ; nor be ruled by their votes and orders . nay the very pharisees themselves , ( like these our men ) would not owne their own malice against christ ; for when pilate would have delivered him into their hands , to have done with him as they pleased . o no , cry they , 't is not lawfull for us to put any man to death : ( they had rather some body else should doe it for them ; ) we are too holy to defile our selves with his bloud ; out of pure love to piety , and to the peace of the kingdome , we have proceeded thus far against him , and have been at great charges with the souldiers to apprehend him : and though you can finde no fault in him , yet you may be sure on it , if he had not been a malefactor , we would not have brought him before you : no , no , if we could otherwise have reformed him , we would not have troubled your lordship with him. but will you please to heare his conditions : why ? he would be a king , and rule over us , and if he be let alone , he wil ruine the whole kingdome , and bring destruction upon the temple too , and to spoyl our religion : he bestowes strange language and titles upon us the great councell , the worthies of the nation , ( who are a company of holy and unblameable men , witnesse all the people ) he calls us hypocrites , vipers , and painted sepulchers , and the like , which we return not again , but consider with sorrow , that these expressions come from a jew seduced out of his proper spheare : one that hath left the society he ought to be withall , and keeps company onely with publicans and sinners , ungodly persons , whose counsells he followes , and hath set himself in the seat of the scornfull : for we take all his sermons against our ordinances , and doings to be but onely invectives and scornes against us , whereby he exposeth us to be contemned of the people , as if ( according to his saying ) we made the law of god of none effect by our traditions . when indeed none can be more zealous for it , then we are ; and thus you see what a person he is , and what his merits are . beleeve it ( sir ) unlesse some speedy course be taken with him , caesar ( in whom the supreame power is now seated , and whose servants the people now are ) will be wronged ; and the whole church ; and kingdome wasted and destroyed , and this we will boldly say : who ever doth not joyn with us against bim , is neither a friend to caesar , nor to the common-wealth , we are all for the publick good , and to preserve that , we desire that this our king ▪ or rather this man that says he is our king , may be crucified . to this purpose was the pharisees accusation against our saviour : of this disposition were their spirits against the son of god : ( as scripture teacheth ) notwithstanding their religious pretences , and that opinion of holinesse which the world had of them : it need not therefore be thought an impossible thing , that there should be men of a like spirit , and of a like esteem in these days ; and that they should endeavour a like mischief against their soveraigne . nothing but the heart bloud of christ , would satisfie those his enemies ; and can it be any thing but the very heart bloud of the king which these men thirst after ? indeed they do not lay any worse things to the kings charge , ( for i will do them no wrong ) then those others did to the charge of christ : and this for the first : there is no impossibility in the matter . . the truth of my interpretation of their meaning , is evident from the tenents which they mention as proper to themselves , at least as differing from ours : wee ( say they ) in our tenents do annex no infallibility to the seat of a king in parliament , as the romanists doe to the papall chaire , since all men are subject to errours . these men desire , ( as we learned by their pulpit doctrines of us , ) that people should beleeve , that those who are for the king , do think of him as the romanists do of the pope , that he cannot erre , which opinion by these their words they would have the world know , that they disclaim , and truly so do we as much as they ; for we never did , nor yet ever dare we , give the king so undue an attribute ; nor would his majesty suffer the same , were any of us so sinfully disposed : for we boldly affirm , that never king was more christian then he , in yeelding himselfe culpable , ( even in some matters wherein others could see no errour , ) that so if possible he might give his enemies satisfaction , and purchase peace unto his people . but whether it be so or no , they conceive , and report that to be our tenent : and we on the other side apprehended theirs to be , that infallibility is rather in the parliament without a king , then in the seat of a king in parliament . and our reason is , there hath been more infallibility professed in parliament , since the kings absence from westminster ; then ever was before , when either himself , or any of his predecessours have been there . and though the parliament hath been erroneous and faulty herefore , by reason of the kings faction mixt therein , ( for by that name are modest and loyal gentlemen now called ) yet that being now purged away , and driven from thence , errour also is vanished with it , and infallibility hath taken up its dwelling there , ita praedicant , ita clamitant . and yet by the way , we must tell the world , we beleeve the king hath some friends still within the wals at westminster , even as christ had at the jews councell table , although ( like nicodemus , and joseph of arimathea ) they are over-powred ▪ and reviled , when they speak truth and conscience . but to the matter : we must tell these men , that scripture affords us better testimony for the kings not erring , then it doth them for theirs ; solomon saies , the kings heart is in gods hand , and a divine sentence is in his lips ; his mouth transgresseth not in judgment . we finde not the like expressions in behalf of an headlesse parliament : but because solomon was a king himselfe , he spake ( they say ) in his own case , and therefore not much to be regarded : but we will not contest with them at this time about his authority , we rather yeeld ( because all men are subject to errour ) that a king may erre : and we adde further that a parliament , consisting of men , may erre too ; and this combination of conspirators , ( which to the high disgrace of the supreamest court , some call the parliament ) doth erre most abominably , both from gods law , and the law of the land : and this in very deed is our tenent . and let them deal ingenuously with us , & say , whether they do not so hold of the parliament , ( though not of the king ) as the romanists doe of the pope ? whether by their tenents , the parliament hath not the same power over kings , and kingdomes , as the pope hath by the tenent of the jesuits ? the jesuites hold that the pope may dispose of princes and crownes for the service of god , the good of the church , and salvation of souls : and do not these hold that the parliament , may both order the king , and dispose of his kingdome , as they shall think meet , for the advancement of their cause ( which they call gods ) & pro salute populi ? romanas episcopus zacharias , regem ▪ franciscorum non tam pro suis iniquitatibus , quam pro eo quod tantae potestati erat inutilis à regno deposuit , &c. by vertue of which canon ( say the jesuits ) the pope hath power to depose kings , be they hereticall or catholick , of vicious , or vertuous lives , if in his judgment he findes them unfit , and some others more capable of government . and do not these men beleeve the authority of parliament , to be as irresistable , as that of the pope , and their votes to be as ful of vertue as his canons , and altogether as authentick , even to the deposing of kings , and disposing of their kingdomes ? eudaemon johannes in his apologie for henry garnet , teacheth , that subjects may be loosed from their oath of allegeance , and then they cannot , ( as emanuel sa affirmeth ) be held guilty of treason , though they conspire the kings death , because he against whom they conspire , is not their master or lord , they being formerly absolved from his obedience . and hath not the same doctrine been both taught and practised by these our opposers ? have not they loosened people from their oath of allegeance to the king , and then put them in armes , perswading them that 't is no rebellion to fight against him ? the jesuits in their chamber of meditation taught , ( as john chastell who gave hen. the . of france , a stab in the mouth , confessed upon examination ) that it was lawfull to kill that king , and that he was now member of the church , nor ought to be obeyed , or held for king , untill he had received approbation from the pope . and one of them in his apology for the said chastell hath these words : vulnerando henricum burbonium , non voluerit laedere ant occidere regem , etiamsi se talem dicebat , & in quo praeter imaginem nihil regis quam quod genere regio ortus erat . in striking henry of burbon his intention was not to kill the king , howbeit he called himselfe king , sithence he had nothing left , but the appearance of a king being of the bloud royall . our anabaptisticall crew have their chambers of meditation too , or their conventicles , where they meet with their disciples , to whom they suggest ( as also they do in their pamphlets and sermons ) that the king is no true member of the church , ( because he dissents from them ) but a persecutor of it , and is no longer to be obeyed or held for king , then the parliament or representive body of the kingdome , in whom the supreame power is inherent shall allow him so to be : and therefore being now deciared by them , to be an enemy to the kingdome , and one that seeks the peoples ruine ; he is to be accounted but as another man , and hath but the bare name or title of a king , as being borne of that family and stocke , which formerly swayed the scepter . now my argument from all this stands thus ; who ever maintains , that the pope or parliament , may at pleasure alter kingdomes , exempt people from their oath of allegeance , and arm them against their prince , do maintain , that people in such a case may kill their king : but this ( as appeares by their doctrine and practice ▪ ) is the tenent of these men , as well as of the jesuites , ergo , these men also by their tenents , hold it lawfull to kill the king. the minor is proved already , and the major is evident to sense and reason : for no man wil doubt , but a king ( from whom offer is made to take away his kingdome , ) will take armes to maintaine his right , and will labour to reduce them to loyalty that stand armed against him ; and in so doing , 't is impossible but he must run the hazard of his life , since in defending himself , he is resolute ( as in conscience he is bound to be , ) not to lose his kingdome , ( which god hath committed to his care , ) without the loss of his life it self . but perhaps some wil say , that in some of their books and sermons , they disclaim killing the king , yea though he were an heretick or a tyrant . i answer , the romish jesuites ( their brethren ) in some of their books also , have condemned not onely the murdering of princes , but also rebellion against them , though hereticks , and tyrants ; but they meane sine permissu superiorum , it is not lawful for a private man to do it ( say they ) of his own head , untill he be permitted by his superiours ; but having leave and countenance from them , if sentence and judgement be once passed , that the king is a tyrant or an heretick , or not capable to govern ; then obedience to the said judgement is to be given , as to the voice of christ : so these , when they speak against king-killing , and rebellion , are to be understood , until the king be declared by parliament , to be an enemy to the kingdome , and to seek the ruine of it ; but when this is done , then men may not onely arm themselves against him , but kill him , if possibly they can , and by so doing , they do but the command of god , and helpe the lord against the mighty . these be the nicetyes of romish jesuites , and english pharisees , by which they inchant men ; they protest solemnly , that they allow not the murdering of kings ; no , not they : but herein lies the craft , they acknowledge none for kings , but whom themselves please to allow ; and maintain that to kill a king whose government they cannot brook , is not to kill a king , but a man ( as they say ) masked under a regall title . but indeed some of their faction , have been more plain in their expressions , and disclaiming this jugling distinction , have declared their tenents in down right english , even as parry of old affirmed , that because elizabeth stood excommunicated by the pope ▪ he might lawfully kill her : and as catesby stood to it openly , that because the pope had not allowed the catholiks to receive james for king , the powder-treason was a work of piety . and as raviliak affirmed , that he had reason to kill henry of burbon , because he would make warre against the pope , and so by consequent ( saies he ) against god , for the pope was god : even so in this plain downright fashion , we have had some of our parliamentarians , express their judgements , and intentions , that because the parliament hath declared against the king , 't is no sin to kill him ; yea , they have professed that themselves would do it , if they could reach him , so long as he is in this condition , not received or allowed on by the parliament : yea ( raviliack-like ) they have affirmed that he wars against the parliament , and so by consequent against god , and therefore it would be a work , not onely lawfull , but also pious for to kill him ; such expressions have often fallen from the lips of many severall persons among them , who might be named , if we did belligerare hominibus magis quam vitiis . and thus the people do now see , how those who pretend to keep them from popery , do lead them into the deepest ditch , and most hellish puddle thereof : themselves call the jesuites the worst of papists ; and yet hold with them in their worst of tenents , onely the difference is this : the jesuites place power , and infallibility in the pope , and these place it in the parliament , for though these ( our subtile brethren ) will not like romanists , make a pope of the king , yet they will make one of the parliament , whose members are as perfect in their seats , as pontifex is in cathedra : but i remember a distinction which the secretary of charles the . used to some english ambassadours , who ( upon his complaint of pope julius the . his foul play with the emperour , ) demanded of him , how he being a papist could excuse this unkindnesse of the pope towards his master ? he answered , that the pope was an honest man , but julius the . was an arrant knave : so saving the honours of the right worshipfull , as they are members , peradventure as they are men , they may be subject to errours , and be esteemed of according to their merits . sect . v. . the falsity and injustice of the said charge against the king manifested in all the particulars . . who they are that sit in the scorners chair . . the enemies reasons and ends of charging the king with their own conditions . but we having now seen the nature of their charge , we will consider also the verity of it , or the falsity rather , for we apprehend it as false , as foul ; as injurious , as high : were it all true , yet according to christian religion , and the doctrine of the bible , it were a great sin in them thus to object it : for is it fit to say to a king , thou art wicked , or to princes , ye are ungodly ? when saint paul understood ananias to be the ruler , he confessed he had done ill , in calling him whited wall , ( though indeed he was no better . ) but seeing there is no more truth at all in the matter , then can be infused thereinto by vertue of a vote : we are most confident that at the generall audit , ( when all things and men shall be judged , as they are and have been , ) it will be found a most malicious and transcendent wickednesse , in these men thus to have slandred and belyed the lords anointed , their own dread soveraigne . themselves know well , that the king did not leave his place or seat at westminster , but was most violently forced and driven away from thence , full sore against his will , ( for the safeguard of his life , ) by the rude multitudes , who were set on work ( to be so irreverend towards him , ) by them that took the protestation to defend him . and they know too , that if the king could by his requests and messages , have obtained to have had a restraint of those so high affronts offered to him , he had not withdrawn himself from thence : but because we have not ( to this very day , ) heard of any person punished , or so much as checked , ( for that contemptuous , and rebellious behaviour ) by them , whom they call the parliament , and the kings great councell ; we do beleeve that ( when all secrets shall be opened ) it wil be found , that even they , who have now authorized this libell , and in it this impious charge against the king , did then countenance those very contempts against him , on purpose to force him from them : wherefore though the king must not be suffered to enjoy the priviledge of a king , or of a man ; yet they might permit him , without blame or grudging , to have the liberty of the meanest creature , in endeavouring to preserve his own life and being . and ( say they ) he hath not onely left his place , but also ( as they would have it beleeved , ) hath rejected it for ever , hath bound himselfe to come no more there : yea , and do all his proffers of pardon , all his endeavours for treaties , all his desires of accommodation , speak onely so much , and no more ? do his private instructions to his commissioners at uxbridge ( before mentioned ) evidence this , and nothing else ? do his intentions to make his queene the happy instrument of renewing the meeting , ( if he could have had but any demonstration , that the rebells would yeeld to reason , paper . ) discover nothing but this ? truely we doe apprehend rather all these particulars to be arguments of the contrary : when god the wronged party , doth beseech the wicked world to be reconciled to himselfe , we apprehend he is willing to pardon all offences , and to be friends with his enemies , if they would beleeve him : so when an abused christian king , doth imitate god in this particular , we conceive it rather a signe , that he would be again at unity with his rebellious subjects , then that his purpose is , still to keep himself at a distance . we do finde that such an accusation or slander as this is , was once laid to the charge of god himself by a most disloyall and hypocriticall people , who having forced the lord from them by their wickednesse , and driven him away by their ill usage , and thereby made themselves most miserable , did notwithstanding ( as these do ) very mannerly , lay all the fault upon him , as if themselves had been the most innocent , and wel-deserving people in the world : and his departure had been altogether causless and on set purpose to bring upon the heads of his people , all those sorrows , which their own ungodly doings alone had effected and procured . sion said , the lord hath forsaken me , my god hath forgotten me . nay , ( it seemes ) they had charged him ( as these doe their king ) that he had even quite divorced himself from them , bound himself to come no more at them , nor to own them for his people ; for god argues the case with them , upon such their charge , and that first in a mild way ( as our king hath often done with his enemies ) and tels them he had not forgotten them , what ever they said of him ; no , a mother could sooner forget the child of her wombe , then he could forget them : though they deserved not to be so well remembred by him . and then ( in the beginning of the next chapter ) he comes more home unto them , and challengeth , and urgeth them , to bring their proof , to shew the bill of divorcement , whereby ( they said ) he had cast them off : so may our king call upon these his accusers , to produce the bonds they talk of , the obligations whereby he hath tyed himselfe to fit elsewhere : surely they that read this their libell , may easily beleeve , that if either the authors , or authorizers of it , had any thing to this purpose , tending to the kings further disgrace or defamation , they would not fail to publish the same in print , that all the world might see it . but as those accusers of god , failing in their evidence , had the blame retorted upon themselves , behold , for your iniquities have you sold your selves : so may these accusers of the king , thus charging their own faults upon him , ( without any injury ) have the same returned upon their own heads , the miseries which are upon the kingdome by reason of the kings absence , they may thank their own selves for : and as the lord in that place doth further convince them of the wrong they did him , by declaring his continuall readinesse to help them out of those miseries , whereinto they had brought themselves , if they would but heare him , beleeve in him , and trust unto him ; which he proves , by minding them of what he had done formerly , what acts of grace he had passed already for their good , inferring thereby , that he was both able and willing to do as much again , if they would but give him leave by taking his word . so may the king , and so hath the king , by the very same wayes and meanes evidenced his innocency and freedome from those their unjust accusations : what readinesse hath he alwayes shewed in denying himselfe to satisfie them ? what acts of grace hath he already passed ? never any king hath done the like . let the bitterest of his enemies deny it if they can ; what could be desired by reasonable men , which he hath not offered and promised unto them , if they would but beleeve him , and trust unto him ? but this they wil not be brought unto , for it is one of the most difficult things in the world , for a person that hath been so highly wronged , as he hath been , and intends well , to gain credit from them , that have abused him : their owne guiltiness makes them incredulous , and without faith 't is impossible that either god or the king , should be able to do any people good ; as it was said by our saviour , that himself could doe no mighty works in a certain place , because of the peoples unbelief . so may it be said of the king , he cannot do that good he would , unto his people , because of their unbelief . as god is better then man can conceive him to be , so the king is better then these men will beleeve him to be ; yea ( in regard of their abuses of him ) i may say , then they can beleeve him to be . it was the saying of a good subject , since these wars begun , o that the people of england did but know their king , they would love him , they would beleeve him , they would not abuse him . but we must not wonder to see a good king in gods condition . we proceed therefore to their next particular , where they charge the king , to have settled himself in the seat of the scornful , and we will see their truth in that . the psalmist informes us , that those ( onely ) that are at ease ▪ have leasure to take up a sitting in that place , and not those that are in an afflicted condition : did the king live the life of the men of westminster , and had all the wealth and pleasures of this kingdome at his command ; and were he withall of their disposition , indued with their spirits , to act their parts , there might be some probability of truth in this particular ; but it being cleane contrary with them , there is no likelyhood at all in it . . had he been a subject , and ( by good fortune ) chosen burgesse of some corporation , or knight of some shire , and sate in the house of commons amongst them at this present , and had concurred , first , in pretending to settle religion , to make a glorious church , to advance christ : and then afterward in consulting , how to take away the churches maintenance , to slight the places of gods worship , that they might be of no more esteem then common houses , alehouses , barns and stables : in persecuting , banishing , and imprisoning the fathers of the church , and ministers of jesus ; those in special who have been the greatest opposers of antichristianity and popery ; and in giving liberty to all sects and religions , ( save only to the true one , which commands humility , loyalty , and obedience ) had he ( i say ) been such a man , and thus imployed ; then he might justly indeed have been said to sit in the chaire of the scornfull , and to have exercised his scoffes and scorns against god himselfe . or . had he been one of those , that under pretence of advancing the liberty and happinesse of the subject , should vote away the subjects right to his own goods , sometimes a twentieth part , sometime a fifth part , sometime all ; under a pretence of taking away monopolies and illegall payments , should bring in such new toles and taxations as the nation was never acquainted with ; excize upon bread , beere , butter , cheese , flesh , and all commodities that are used for the life of man : under pretence of being one of the good patriots and preservers of their country , should raise wars , cause desolations , burne houses , hire strange nations with their countries money , to come to kill their country-men : under pretence of keeping tender consciences from unnecessary matters , should force upon them unlawfull oathes , ungodly covenants , even to the taking up of armes against their soveraigne ( to whom they have sworne allegeance ) to the damnation of their souls for ever , without deep humiliation and repentance : had the king i say , beene one of these men , and done thus , he might deservedly have been said to have sate in the scorners chaire , and to have laughed to scorne a whole nation . or . had he been one of that number , who talke of making the king a glorious monarchie ; and yet take from him all his power & authority , not suffer him to have so much as the choice of his own servants , the rule of his own family , the disposall of his own children , the society of his own wife : that promise to make him the richest prince in christendome , & yet rob him of all his goods and revenews , and not allow him so much ( if they can help it ) as shall buy him bread to eat , or cloathes to wear ; that call themselves his most humble and obedient subjects : yet obey him in nothing , but study to vex , and crosse him in every thing ; hire fellowes to hunt him , to shoot at him , and ( if they can ) to kill him : that avouch great love and affection to him , & desires to advance his honour , and yet authorize libells and base bookes , to defame , slander , and reproach him : if the king were one of this generation , and should concurre in such actions , he might be said to sit in the seat of the scornfull indeed , and to bestow his scornes before all the world upon his soveraigne . or lastly , were he one of them , that partly by fraud , partly by violence , having stripp'd their soveraigne of all his weapons , castles , ships and townes , and of the hearts of many of his people , and scarce left him a place to hide his head in , in three kingdomes ; should maintaine a cursed villaine to proclaime up and down the world , that he is runne away very majestically to set up a new monarchy in the i le of anglesey : this indeed were to sit in , and to fill up the seat of the scornfull : for this is right hail king of the jewes , which was plaine scorning in the hall at jerusalem , ( according to scripture ) and so doubtlesse , ( if scripture might be judge ) it is in the hall at westminster . we doe confesse and beleeve , that were the king in this sort qualified , conditioned , and exercised , then that imputation of theirs might be laid upon him : but it being with him as it is , we see no reason above-board , why they should entitle him to the scorners chaire , unlesse his magnanimity , and christian courage bearing his burden of affliction , be taken to be a contemning and scorning at their malice . but yet they have a reason doubtlesse , and ends too , for this their charging the king , though they think it fit for to conceale them . i am one appointed of god , to detect the devices of satan , and to unkennell the thoughts of the wicked ; and i dare be bolder with them , then they for their own credit sake , dare be with themselves , and therefore i shall discover them . first their reason ( i apprehead ) is this ; they know themselves worthy to be both abhorred and scorned of all men ; and doe beleeve they are so in the hearts of all the wise , for their most abominable and grosse hypocrisie ; yea , they know in their consciences , that god scornes at them , ( they being exercised as those are whom scripture affirmeth god holdeth in derision : ) and therefore they speake of the kings scorne at them , from the guilt of their own merits and deservings . then their ends ( i conceive ) are these , first , to make his majesty appeare abhominable unto the world , ( which is the main scope of all their endeavours ) for t is said , the scorner is an abhomination unto men . and secondly , that the blinde and seduced vulgar , might not think them to be guilty of that sinne , which , with so much boldnesse , and bitternesse they doe first of all charge upon the king. it is the knowne policy of a wicked harlot , to call her honest neighbour whore first , and of a pick-purse pursued , to cry stop the theef , that himself might not be suspected to be the man : you take too much upon you moses and aaron , cryed those grand rebells , when themselves onely did so : and one who had sold himselfe to work wickednesse , layed it to the charge of good elias , that he troubled israel , because his guilty conscience told him , that the prophet , and all other honest men beside , had cause to accuse him for so doing ; and this is the very case of these men , who ( as we see ) have done nothing in this particular , without president and example ; though we confesse in respect of the circumstances , these men are more bitterly scornfull , then ever any were , that we read of in scripture or elsewhere . it was bitterly done of the philistimes , when they had weakned sampson , and brought him into an afflicted condition , to mock and scorne at him in his misery , yet they did not , in those their mocks charge him with scorning them ; and the persecutors of our saviour did deal bitterly with him , when in derision they crown'd him with thornes , put a reed into his hand , in stead of a scepter , called him king , bowed the knee to him ; and then advanced him upon a crosse instead of a throne ; yet they did not at that time in their scoffing and flouting expressions say , that his crosse was the chair of the scornfull : and that he being fastened to that , did sit in the scorners seat , and scorne at them : but these men are pleased even thus to deale with their king and soveraigne , as all the world may see by their language ; so that the king hath cause to complain in the words of the psalme , our soule is exceedingly filled with the scornings of them that be at ease , and with the contempt of the proud . and we his subjects will pray in his behalfe , as the psalmist in another place , let the lying lips be put to silence ( o lord ) which thus cruelly , thus disdainfully , and thus despightfully speake against the righteous . and we are confident ( as the wiseman sayes ) that the high and holy god scorneth at these scorners , and hath prepared heavy judgements for them . sect . vi. first , of the kings errour in following evill councellours , and who they were : his majesty scorn'd at by the libellers for his tendernesse of conscience , and hopes in gods justice . . the folly and falshood of the libellers charge against strafford and canterbury . . the enemies acquit the king of having a voluntary hand in straffords death . . they hint the right reason of his withdrawing from westminster . the next particular which these ( honest and good men , as they would be accounted ) doe charge their king withall , is , that he hath walked in the councells of the ungodly to the ruine almost of three kingdomes . indeed it cannot be denyed , the king hath been exceeding unhappy in his councellours , and himselfe doth intimate that his walking after their advise , hath been a main cause of gods judgment upon this kingdome . his words to this purpose are these ( paper . . ) nothing can be more evident , then that straffords innocent bloud , hath been one of the great causes of gods judgement upon this nation , by a furious civill warre , both sides being hitherto almost equally punished , as being in a manner equally guilty ▪ but now this last crying bloud , being totally theirs , i beleeve it is no presumption hereafter to hope , that his hand of justice must be heavier upon them , and lighter upon us , looking now upon our cause , having passed by our faults . this christian and pious ackowledgement of the king , these men scoff at , in their notes upon it , and deride at that remorse of conscience , which his majesty discovers , for his permitting the shedding of straffords bloud . he left him ( say they ) to the block against conscience , as is now alleadged ; and again , remorse of conscience suggesteth to the king , &c. yea , and they doe seem to glory in what themselves did do , to the spilling of it ; and to rejoyce , that none but themselves had a hand in the death of canterbury : yea , and further how slightfully , ( if not scoffingly ) doe they speak of the kings mentioning gods hand of justice in the businesse ? their words are these , pag. . the king in his letter of jan. . takes it as evident , that straffords innocent bloud , has brought the judgement of this civill warre equally upon both sides , both being equally guilty thereof : his meaning is , that he and his side , was as guilty in permitting , as the parliament was in prosecuting : but now for canterburies bloud , that being totally put upon the parliaments score , he doubts not but the hand of justice , will from henceforth totally lay the weight of this guilt upon the parliaments side . ( yet the kings words are , i beleeve it is no presumption hereafter , to hope that his hand of justice must be heavier upon them . ) considering the time when this their scornfull comment , upon the kings expressions came forth , viz. immediately after their victory at nazeby field , by their victorious * sir thomas fairfax ( for so they call him , ) we understand their sence to be this : the king talks of gods hand of justice , and doubts not , but the same will from the time of canterburies death , lay the weight of the guilt of bloud totally upon our side : victorious sir thomas fairfax hath answered him sufficiently in that particular , and declared to the world , what his hopes in gods justice are come to ; well , let him please himselfe still in those fancies , so long as we have the ●●nd of victorius sir thomas fairfax on our side , we will give him leave , to flatter himself in that hand of justice he speaks of , &c. and yet let these scoffers of these last times , that say , where is the promise of his comming ? for since the father fell a sleepe , all things continue as succesfull as they did before ; let them ( i say ) know , that gods justice may awaken soon enough , to their confusion . quod defertur non aufertur , the longer the blow is in comming , the heavier will its fall be : fortuna belli semper ancipiti in loco est , the day of the lord will come suddenly upon them , as a thief in the night . quos dies vidit veniens superbos , hos dies vidit fugiens jacentes . but they go on in that place , and inform us , who those ungodly ones were , whose councell in this other place they say the king has followed , to the ruine almost of three kingdomes , their words are these . the truth is , strafford and canterbury were the chief firebrands of this war , the two ill councellours , that chiefly incensed the king against the scots , and endeavoured to subject all the three kingdomes to a new arbitrary government , and are now justly executed for attempting the subversion of that law , which the king has perfected since . because dead folkes cannot speak for themselves , and because it is so voted , therefore strafford and canterbury were the chief fire-brands of this war , and so for truth it must be taken ; though one of them was quite extinct , a year before this war begun , and the other kept , by his accusers in so close obscurity , that his sparkes , ( if he had any in him to this purpose ) could not possibly flie abroad . but let me ask a question , did not the wisemen of the kingdome , quench these fire-brands to prevent the flame ? how came it then to break forth after they were extinguished ? had they lived , been both at liberty , and afforded their full concurrence , could possibly the flame have been more great and detrimentall ? againe , why was not the imputation proved , ( at least ) against canterbury , who lived almost three years after the war was begun , when they wanted matter to put him to death ? surely the law hath so well provided , in a case of this nature , that if there had been any such matter , his enemies should not have needed to solicite , for the peoples votes and hands to get him dispatched : but it was canterburyes honour , to drink of his masters cup , the voices of the people , and of the priests prevailed . and indeed these quenched fire-brands , were so farre from kindling this fire , that we apprehend rather , they were quenched to this end , lest they should have hindred it , from being kindled : when charles was king , and strafford deputy of ireland , and canterbury metropolitan of this church , we had no warres in england : straffords bloud we grant was a fire-brand , which we , ( with the king ) beleeve still burnes upon us , his prayers at his death , ( to the contrary ) could not stop the cry of it , from pulling downe of vengeance : and canterburyes bloud ( we feare ) will cry louder yet , against the people of this land ; who by giving their votes , ( where the law gives none ) to take away his life , have cryed out against themselves , his bloud be upon us , and upon our children . but say these men , ( who never slandred any but their betters ) strafford and canterbury were two evill councellours , ( and yet strafford and canterbury dyed like two christian martyrs ; and might the latter end of their accusers , be but like theirs , it would be their happinesse in one kinde , and ours in another . ) they chiefly incensed the king against the scots : ( but they did not stir up the scots against the king , in provoking them to an insurrection ; nor did they hinder the kings act of mercy and pardon towards them afterwards , much lesse did they after that act of pacification , with that nation send for those scots into england , and hire them with english money , to cut the throats of english men : had they been councellours in such matters , they had been ill councellours indeed . ) but say they , strafford and canterbury endeavoured to submit all these three kingdomes to a new arbritrary government , and were duely executed , for attempting that subversion of law , which the king hath perfected since . it was wel , they did but endeavour a new arbritrary government , not erect it ; they did but attempt a subversion of law , not effect it ; but some others since their times , have gone further , and turned all law into vote , and all justice and reason into violence and will : for if there be this day , in europe , a more arbritrary , cruel , and butcherly government , then hath been exercised in england by some since strafford and canterbury were set aside , from having to doe in the world , my reading failes me ; if to take away lands , estates , goods , good name , and lives from men , without any allegation of law , or reason , but only the parliament judgeeth so ; or , the people will have it so : if this be not arbritrary government , i know not what is : therefore if strafford and canterbury were justly executed , ( as these say ) for attempting ; let all men judge , how deservedly ought these others to be executed for accomplishing such designes ? but these men tell us further , that the king hath since perfected that subversion of law , which those his ill councellours had formerly attempted . 't is too well known , that the customary way of these mens honouring the king , is by casting on him , the scandall of their owne doings : the law we confesse is subverted , and overthrown , but the king can no more be said , to have done the same , then david could be said to have killedd abner , and amasa , because he was the soveraigne to those sons of zeruiah , who did the deed , and were so subtile , and strong , that he could neither restrain them from it , nor bring them to condigne punishment for it . and let all modest and ingenuous men observe , how desperate , and bold these men are , in their aspersions against the king : they affirme , he hath subverted law , and walked in the councell of the ungodly , to the ruine almost of . whole kingdomes . they could have said no more , if when the militia and power were in his sole hands ; things , had been , as now they are : but we , and themselves too , can all witnesse , that when the parliament met , no drop of bloud was yet spilt in ireland ; no commotions were stirring in scotland , for the king by his grace and goodnesse , had allayed all ; nor was there any complaining of souldiers , nor plundering in the streets of england : all the three kingdomes were in peace ; and to continue them therein , the king calls a parliament , and gives power to the members thereof , and encouragement withall , to settle all things both in church and common-wealth , for the subjects benefit , even as firmly as themselves ( who were intrusted and chosen by their fellow subjects for that purpose ) could possibly devise . he denyes them nothing in pursuance thereof , suffers them to call all suspected officers and persons to account , not excepting strafford or canterbury ; and further to assure his people of his strong desires to continue their happinesse , he settles a trienniall parliament , as the most speciall mean to prevent ill councellours in after-times : yet these accusers tax the king of perverting the law ; and speak as if the three kingdomes had been at the very brim of destruction , and quite ruined ere this , if the power had not been taken out of his hands , by those , who ( by their meeknesse , wisdome , and frugality ) have put all the said kingdomes into a more hopefull condition of preservation , ( as it must be beleeved , though against all sense and experience ) then they were in before . indeed had those undertakers done that work for which they were summoned , and called together , the kings good subjects , in all his kingdomes , might have had cause of mentioning their names with perpetuall honour : but they ( as it seemeth ) envying that happiness which their fellow subjects were likely to enjoy , by those new enacted lawes , and especially by the trienniall parliament ; fairly pretending other matters , did get the same act presently made uselesse , by another , for the continuation of this : which hath created themselves , ( as they suppose and intend ) perpetuall dictators , and all their fellow subjects perpetuall slaves . for let these perpetuall great councellours , approve themselves never so evill , and detrimentall to-church and state , yet the poore subject must be forced by the militia ( which they have got into their hands ) to beleeve them unerring ; for he shall have no benefit by the trienniall parliament , to examine their doings . and hence also it is , that they have balked the triall of men by established law , and ( conceiving themselves above it ) have shunned to punish for those faults which the law condemneth : and to shew the omnipotency of their power , have passed sentence of death , where the law condemneth not , though scripture teacheth , that where is no law , there is no transgression : the giving way to which very thing , was , and is a trouble to the kings conscience , and the cause of his first dislike of their courses , witnesse their owne words which are to this purpose . the king adjudged strafford worthy of death , yet not for treason as it was charged upon him , but not being able to save his life , without using force , and finding force very dangerous , he left him to the block against conscience as is now alleadged . that the king adjudged strafford worthy of death , for any thing , is more then we heard before , nor have we any reason to beleeve the same now , upon the bare report of these men ; yet to doe them a courtesie , we may suppose it to be as they say , for the present ; and then it followes , ( as all may see ) that they doe not charge the king for desiring to save straffords life absolutely , ( for they say the king himself judged him worthy of death : ) but for being against his suffering for treason : so that ( in brief ) the kings sinne only was , according to the testimony of his most deadly enemies ) he would that strafford should have suffered death , only for his faults , and not for that , whereof he was not guilty . as became a righteous judge , the king would have had his great councell , to have done justa , juste , righteous things in a righteous manner ; as conceiving that way of proceeding to be most acceptable unto god , and most likely to continuate his blessings upon the kingdome : but being not able by faire meanes to perswade them to that ; and considering that to use force might be a remedy worse then the disease , the bloud of many innocent persons , might be spilt to save one ; and yet perhaps ( the power and the malice of the adversary being so high , that one not saved neither ) he was constrained against his conscience to leave him to the block ; and for his being so tender conscienced in this case , he is thought worthy of scorne by these men , ( his most religious , obedient , and loving subjects . ) he left him to the block against conscience ( say they ) as is now alleadged . but indeed , they have sufficiently by these their words acquitted the king to the whole world , of having a voluntary hand in the spilling of straffords innocent bloud , ( for so it may be called , because he was innocent of that for which he suffered , though in some other respects , ( if it were true as they say , ) he might be adjudged guilty : ) and like them that cried , his bloud be upon us , and upon our children , they take the matter wholly upon themselves ; for which we thank them , and for which we beleeve that god in his due time will remember them . by those their words they have also well hinted to our understandings , how farre , and in what sort the king hath walked in the councells of the ungodly , to the ruine ( as they say ) almost of three kingdomes : to which purpose they proceed further , ( in the same place ) and say . canterbury remaines in the same case , and now remorse of conscience , ( or rather the old project of altering law ) suggests to the king , that if no restraint be used , straffords president will cast canterbury , and canterburies all the rest of the conspiratours , and so the people will make good their ancient freedome still . had these men remembred where all the old projectors and monopolizers now sit , and on which side they doe militare , or had they bethought themselves , how unable they are to instance , in any one good law , which the king did ever alter ; they would certainely have omitted their malicious parenthesis : but by their putting it in , they give us to see , that they will not forget their old project of casting their owne faults upon the innocent . but what doth the old project of altering law suggest to the king ? why ( say they ) that straffords president would cast canterbury : but had not they provided a remedy against that suggestion , by ordering that straffords president should be no president to cast others by , in after times ? if there be any vertue in their owne order , or rather honesty in them that made it ; we cannot see how straffords president could be any prejudice to canterbury : for who shall urge it against him , but onely themselves , that made it uncapable of being urged ? we cannot possibly suppose , that were the king such an alterer of law , ( as they would have it beleeved ) that he should desire an alteration of that ordinance to the dammage of canterbury : nor is there any other law capable of alteration , ( as we conceive , ) whereby straffords president might hurt him : but when that ordinance was made , the authors of it had respect only unto themselves , for intending then to go in those wayes , for which they had condemned strafford , they did wisely provide that his president should not be in force in after-times against themselves : nor ( indeed ) did they then know , they should need to make any use of straffords president against canterb ▪ or against any other of the conspirators , which they talk of : the mens heads were full of businesse , they could not fore-see , or fore-think of all things at once : nor did they remember things past , when this particular passage was written , and authorized to be published ; but it makes for my purpose , and helps me well , to evidence to the world , what good hearts they beare unto their soveraigne : and what strong arguments they have to prove him to be an alterer of law. but the main thing we learn from those their words , is this , ( though hatred will not let them speak it in modest termes : ) when the king perceived by their proceedings with strafford , what the course was which they would take with cauterbury , and the rest , ( whom malice and faction would make delinquents , ) and observed their designe , to have him to concurre with themselves , in condemning the righteous , which he found his conscience would never digest : for it ( being of a more divine and tender temper then theirs , ) was smitten with sad remorse , for what was already done , ( though sore against his will , ) and fearing , if he walked any longer , ( though by enforcement , ) in those their councells , gods wrath might fall down more heavily yet upon him , and his three kingdomes : he therefore removed himself , from their assembly : this is the thing which they intimate unto us . and here let us with reverence and admiration observe the hand of the almighty god , over-ruling the tongues and pens of these men ; they had formerly taxed the king for leaving and abborring ( as they were pleased to speake ) his seat in parliament , which they suggested , he did on purpose , to speake destruction to his people : but here , unawares ( it seemes ) unto themselves , god makes them declare the true reason of his departure thence , to be , that he might not speake destruction to his people , but safety and honour still if possible , that he might not imbrew his hands in the bloud of innocent and loyall subjects , against law and conscience : yea surely , lest the rest of that guilt of bloud which he saw was likely to be spilt , should be charged upon the head of him , and his posterity : he withdrew himselfe from their society , and did for the present , even abhorre to be amongst them : when god pleaseth ( we see ) he can make men speak truth , whether they will or no. and truly let any man who hath conscience judge in the matter , whether the king did not do prudently , and conscientiously in his forsaking them , when he perceived their purpose and resolution was , to have him sit there amongst them , onely with a reed or pen in his hand , to signe and own , as his act and deed , whatever they alone should vouchsafe to do ; that so they might cast the blame and odium of all their injustice , afterwards upon him ; which is most apparent they would have done , if he had stayed ; for being by his departure , frustrate of such their intentions , they seem to cast it all upon the people , by those words , if no resistance be used , straffords president , will cast canterbury , and canterburies all the rest of the conspiratours , and so the people will make good their ancient freedome still : as if the people of their own accords , without being requested thereunto , or sollicited by others ; for the upholding and making good some ancient priviledge , which they formerly had enjoyed , and now ( if the king were able to make resistance ) were in danger to be deprived of : had desired that those men , ( strafford and canterbury ) should be put to death , onely by their votes and not by law. indeed i read that in heathen rome , the people had such a custome , to voice men to death ; ( and such men they should commonly be , as had done the common-wealth best service , ) and from the custome perhaps it was , that pilat a romane magistrate , did permit the people of the jewes , ( against all law and right ) to voice christ to be crucified : but i never heard that the people of england were wont to do so in any age , till this new arbritrary government was set up : and we beleeve it will be easier for these libellers , to make the people , ( as the world now goes with many of them ) pagans and jewes in such desires , then to prove that any such custome did ever yet hitherto belong unto them ; nor will it availe much to the peoples comforts at the great day , or to their own securities in the mean while , if now they should purchase any such priviledge . but i leave the people to consider of this matter themselves , and returne to these king-accusers ; who have themselves well answered their own accusation against their soveraigne , and declared the true reason of his leaving his seat at westminster ; to which they might have added another , viz. gods calling him from thence , both by his word and providence . . by his word , which a king , as well as another man , is bound to observe , and give heed unto : my sonne , if sinners entice thee , consent thou not : if they say , let us lay wait for bloud , let us lurke privily for the innocent without cause , &c. my sonne , walke not thou in the way with them , refraine thy foot from their path , for their feet run to evill , and make haste to shed bloud . . by his providence , in his permitting the tumultuous people to rise against him , and to force him from thence , consule providentiam dei , cum verbo dei , ( sayes one ) and when with the word , providence concurs , there is doubtless a speciall call from heaven . but the king having these grounds of withdrawing himselfe , some may wonder why in that former place , they so heavily charge him , to have walked to the ruine of his three kingdomes , by abhorring his seat and councell : as if his leaving that were the sole cause of all our woe . i answer , in a word , their reason , i conceive , is , because the king being of a soft and tender conscience , is unwilling to beare the guilt , therefore he shall ( whether he will or no , if they can help him to it ) beare all the blame ; being unchargeable of reall evils , he shall be burdened with imaginary ; the devill and his members desire no greater advantage against those they hate , then to see them meekly scrupulous ; nor doe they please themselves better in any thing , then in loading with slanders , and tormenting the righteous , when they see them to be in an afflicted condition . shimei cursed his soveraigne , and falsly called him a bloudy man , and the destroyer of sauls house , because ●e saw him in a low condition : so these men fancie they may say any evill against their king , because he is in an afflicted condition ; they may speak to his farther griefe , because he is already grieved . but as david in that place sayes , so say we , it may be the lord will look upon the affliction of his anointed , and will requite good the sooner to him , even for these their accursed and false scandals of him . and o our god , our eyes are towards thee , we will waite for thy salvation . and thus i hope , i have now made it apparent , that there is as little of verity , as there is of piety , in that reproachfull charge , which these ill disposed libellers , these martin mar-kings have cast upon their soveraigne ; now we shall observe how they proceed . they address their speech to the reader in generall , whom they suppose to be either a friend or an enemy to their cause , and say , if thou art well affected to the cause of liberty and religion , which the two parliaments of england and scotland now maintain , against a combination of all the papists in europe almost , especially the bloudy tigres of ireland , and some of the prelaticall court faction in england , thou wilt be abundantly satisfied with these letters here printed , and take notice how the court hath been cajold by the papists , and we the more beleeving protestants by the court. sect . vii . . what that liberty is , which the pretended parliament doe maintaine . . and what that religion may be , which they are about to set up : reasons to shew it may haply be the popish , or peradventure the turkish . . six arguments to prove , it cannot be the christian protestant . the reader may be well affected to that reformed religion , which gods holy and pure word teacheth , which the church of england this fourscore yeares last past hath pulikly professed ; and to that liberty which christianity alloweth , which the subjects of this land above any other in the world , most happily have enjoyed under their soveraigne princes ; and which the parliaments of this kingdome ( before this ) have concurred in the establishing of ; and yet no way affected to that cause of liberty and religion , which these men speake of : nay , if the reader may judge of liberty and religion , by its fruits , ( according to christs rule ) he being a christian , must needs loath their liberty , and being a protestant , must needs hate their religion . for ( first ) what is that liberty which they maintaine ? if the uncontrouled practice of those that be obsequious to them ; or if their own acts and ordinances may speak ; it is such a liberty as turks exercise over christians ; or as canniballs in the western world exercise over their fellow-heathens ; or as beasts of prey doe practice upon inferiour creatures . a liberty which only the strong can enjoy , but the weak and feeble are the worse for . a liberty which lyons , wolves , and kites may thrive upon , but lambes , kids , and doves will be undone by . a liberty for them that have might and power , to take away their neighbours goods by sea and land. a liberty to kill , slay , and cain-like ) their owne brethren , whom they hate ; or that be not of their opinion . a liberty to doe as * enoch ap evan did without danger of hanging . a liberty to steal ; a liberty to lye ; a liberty to slander and raile upon their betters . a liberty which the devill liketh above all things . a liberty to break the oath of allegeance , and all gods commandements , ( so they observe the ordinances of parliament . ) a liberty to be of any religion , save only of the true. a liberty for the child to rebell against the parent , the servant against his lord , and for the base to rise against the honourable . a liberty to shake off the yoke of subjection and obedience to their soveraigne . a liberty to take from him , what god hath given him , authority , power , wealth , and honour . a liberty to mock him , to scorne at him in his affliction , to write libells against him , to hunt him up and down his kingdomes , like a partridge upon the mountaines ; to murder him if they can . a liberty to vote away mens estates , and to voice away the lives of their fellow-subjects , when there is no law to condemne them . in a word , a liberty for every man , to doe what is right in his owne eyes , or as himselfe lusteth , provided that he will take part with the parliament , ( as they call it ) against those whom they please to judge their enemies ; we doe not say , that all particulars that be on that side , doe act all and every of these things , but they may , if they have power , and a will thereto , for they have liberty as well as the rest of their faction , ( who are already the servants of corruption ) this is that cause of liberty which they maintaine . now ( in the second place ) for their religion , what is that ? truly we cannot tell , unlesse we say of it , as was wont to be spoken of that of the papists in the prayer , on the fift of november , their religion is rebellion , their faith faction , and their practice murdering of soules and bodies . for since they have pulled downe , and discountenanced the religion of jesus christ established amongst us , ( which was a religion of peace , patience , obedience , love ) they have not given us a plat-forme of any , that we might know what faith they fight for ; what religion in particular it is which they maintaine ; we confesse we are yet to seek what t is they aime at : sometime we see occasion to think t is the popish religion which they are setting up ; sometime , that t is the turkish ; we cannot imagine that it can be the christian protestant religion , for that is it which they only labour to destroy . when we observe how they deny the kings supremacy , not only in spiritualls , but also in temporalls ; how they take upon them to absolve from the oath of allegeance ; to loosen subjects from their loyalty , to raise rebellions ; how they allow of king-slandring , king-hunting , king-killing ; how they make gods commandements of none effect by their traditions and ordinances , preferring these before the precepts of christ , in their inflicting greater penalties for the not observing them : how they challenge infallibility unto themselves , requiring faith and obedience to their dictates and judgements ; the people must beleeve as the parliament judgeth , they must hold the opinion of not erring , and of the necessary assistance of gods spirit in the parliament committees , as the romanists conceive to be in their papall consistories : they must fancy in them a like unlimited authority , to dispense with gods lawes against theft , murder , oppression , and the like , as some papists doe , to be in the pope ; and as what is done by his command , so what is done by theirs , must be beleeved to be done by gods. as he will be accounted gods lieutenant , so will they , by a commission of their owne making ; as what is done , for the advantage of his see , so what is for the furthering of their designes , must be apprehended to be done for the upholding of christ ; and as t is taught by some of the popish clergy , that whoever is out of papall obedience must undoubtedly perish ; so hath it been preached by some of the parliament ministers , that whoever is not under the obedience of parliament , is a malignant , and in state of damnation . when i consider of these and such like particulars , & withall how bold they are with the scriptures of god , in corrupting with their false glosses and interpretations à la mode de rome , the pure text and word of god , forcing it to speake against it selfe , in furtherance of their cause . how saint paul himselfe is in danger of an index expurgatorius from them also : how he hath been censured already , for his speaking so broadly against the sinne of rebellion ; to speak in those points or places , rather as a politician , in respect of the times wherein he lived , then as a divine : considering also , how they shun disputes with us , whom they account their adversaries , ( as the papists were wont to doe : ) how they inhibit the reading of our bookes : how they command the simple people , ( who are their disciples ) not to joyne with us in our prayers to god , or in our praises of god , yea , taking an oath of some of them to that purpose : no , the wife must not pray with her husband , nor the childe with his parent ; if the husband or parent doe professe themselves for the king , and for the ancient established church of england , ( as we are able to prove by particular examples . ) in a word , considering how they pursue us with lies and slanders ; how they imprison us , and force upon our consciences , ungodly covenants ; how they persecute with fire and sword , all that be not of their opinion , ( as the papists of old were wont to doe . ) how like to the proceedings of the popish inquisition , these of their holy house are , in diverse particulars , which might be instanced in ; when we doe consider of these , and many such like matters , wherein they imitate those of rome , we thinke it to be the romane religion which they mean to maintaine , and set up amongst us . not that we thinke they will admit of the popes authority , for they intend to be popes themselves : as henry the . disclaimed the popes supreamacy , but retained many points of his religion , so perhaps will they doe : these be our thoughts sometimes . but then againe , we fear it may be the turkish religion which they mean to advance , when we consider what correspondency they have with the turkes in diverse things , viz. how they have sold and made money of christian men , which none in europe save onely turkes are wont to doe : how it hath been propounded among some of them , to send to argier , and to sell for slaves the messengers of jesus christ , together with others of their country-men ( of better condition then themselves ) whom for their religion and conscience sake they have imprisoned . how themselves are turned to be robbers and pirats like those of argier , making all their own , which by rapine and violence they can get from christians : how they have suffered those theeves ( their brethren ) to steale away christian children , from these our coasts , while themselves ( possessing our means of defence ) have stood still looking on , or else were busie in the interim , in taking away our goods : when we consider of these things ; and also how they have chosen for the propagation and maintenance of their new religion , to walke rather in the way of mahomet then of christ , we conceive that they intend rather to be his servants . for mahomet did set up his religion by fraud and force of armes , by the sword and shedding of bloud , and so doe these endeavour to set up theirs . mahomet layed to perpetuate and continue his religion , by introducing of ignorance , by deposition of schooles and universities , by banishing of learning ; which is the very method of these men : whereas the way of jesus christ , ( whom the christians worship and obey ) was clean contrary : and the turkes have judged of their cause and religion by their military success , they thinke and plead it to be the best , because the most prosperous : so these men conclude by the same rule , that their cause is the better , because at the present , t is the most successefull . these be our thoughts , and the grounds of our fears at other times , concerning the religion which these new religion makers doe intend to set up and maintain . but what ever religion it be , which they shall chance upon , we conceive t is resolved amongst them , it shall not be the christian protestant religion , what ever their outward pretences be , for this is that , which they labour only to destroy , as appeares by many particulars . . by their persecuting and abusing the king , who is the chiefest prince in the world , that publikely professeth himselfe the defender of the protestant faith : and who hath maintained it in the greatest tranquility and glory that ever it enjoyed since christs time ; to whose bosome all christian protestants in europe have had recourse for relief & comfort , in dayes of darkness and affliction : this prince , this man of gods right hand , this sun and shield of distressed christians ; have these men laboured to obscure and darken , by lyes , slanders , and reproaches ; to weaken , and disable , by taking away his authority , wealth , and power ; to depose and murder , by hunting of him , shooting at him , and rebelling against him ; to the end he might never more be a nurcing father to the persecuted flock of jesus : that the sheep of the lord , when worryed by wolves in other nations , might flye no more unto him for refuge ; that the lambes of christ , which this church under his command hath brought forth may no longer enjoy pasture under so safe and so indulgent a keeper . . by their discountenancing , banishing , imprisoning , and murdering the fathers and doctors of the protestant christian church , those in speciall , who have been the chiefest pillers and upholders of its glory ; and strongest champions against antichristianity in their generations ; whose workes and labours are famous through the christian world ; and whose names after-ages will not mention without admiration : of which number are the these most reverend , grave and learned prelates and doctors ; doctor laud , arch-bishop of canterbury , and primate of england . doctor usher , arch-bishop of armagh , and primate of ireland . doctor davenaunt , bishop of salisbury . doctor morton , bishop of durham . doctor westfeeld , bishop of bristoll . doctor hall , bishop of norwich . doctor ward , professour of divinity at cambridge , dr. featly , dr. holdsworth , and many more of high worth and learning , ) some of whom are already murdered , and forced out of gods vineyard into their graves , by the cruelties , oppressions , and unkindnesses of these men : others of them are now in persecution and banishment , and others in bondage and prison for the gospell of jesus ; all of them in such a low , and disgracefull condition , that ( unlesse by their patience and example in sufferings , ) they can do the saviour of the world no more service . . by their exposing to contempt and beggery all that were in the office of the ministry , ( those onely excepted who to satisfie their lusts , were willing to make shipwrack of a good conscience , and to apostatize from the faith received ; to renounce the meek and peaceable doctrine of the gospell , which they had formerly taught ; and to preach in the stead thereof , sedition , rebellion , war and bloud ; stirring up the members of christ , to kill , slay , and destroy each other , according to the tenour of certain bloudy and antichristian ordinances : ) but all that held fast to the testimony of jesus , they have disgraced , defamed , silenced , banished , and beggered ; yea , one of the first things they set about , at the beginning of their meeting , was to make gods prophets , the scorn of the world , vile and contemptible in peoples eyes , that what ever they should preach , might not be beleeved ; which they indeavoured , and in part effected , by giving publike liberty , to all that would , to bring in what accusations they pleased against them ; which were received and beleeved , without proof , though the informer were the most stinking drunkard , and vilest blasphemer , in the countrey ; and the ministers , some of the most painfull and consciencious , yea , were it never so evident , that malice alone , set the accuser on work , to revenge himself , upon the minister , for his indeavouring to reclaime him from some sin ; yet should the said accuser be openly countenanced and encouraged , by some of the shamelesse members ; and the messenger of god scorned , set at nought , his living sequestred , his person imprisoned , his wife and children turned out of doores , and all that he had taken from him ; and the honester the man , the worse used alwayes , for by his known honesty , he would doe christ the more service ( if let alone , ) and their cause the more dammage : and this sufficiently speakes their malice against christian religion . but . it appeares further by the endeavours of some of them , to take away all certaine and settled maintenance from the ministers of christ for time to come , that they might not have hereafter , any outward encouragement to set up his religion againe : judge cooke in the bishop of winchesters case out of ecclesiasticall story observeth well , ( and these men it seemes have also noted the same ) that this was the course which julian the apostate took in his dayes : he having a purpose ( as these have ) to ruine the profession of christianity : used not the sword as dioclesian did , ( though these indeed , to make the work more speedy , doe act dioclesian too ) but he took away the means of the clergies subsistance , knowing full well , that if maintenance once failed , the number of preachers would not long continue : the said julian also , would tell the bishops and pastors , when he stripped them of all they had , that in so doing , he had a speciall care of their soules health , because the gospell commended poverty unto them . such like flowts at the doctrine of christ , doth often fall from lips of the apostates of these days . . by their pulling downe all christian order and formes of publicke worship and service , tending to decency and edification ; by casting down , defiling , and defaming the houses of god , turning many of them into stables , slaughter-houses , prisons and jakes ; they have made close-stooles of fonts and pulpits , and done as bad to communion tables ; they have rent the holy bible in pieces , scorned at the sacraments , baptized horses , robbed churches of sacramentall utensils , as plate , linnen ; calling it idolatrous and superstitious , because it had been only used in christs service : nay , the poore innocent bells , because they have been the meanes of calling people together to worship god , and to adore the saviour of the world ; must be pulled down and turned into guns , that they may be another while instruments of destruction to the members of jesus ; ( this indeed ( as i read ) was the manner of the turkes when they tooke constantinople , they melted the bells into ordnances : ) in a word , what ever evill or impiety the enemies were wont to slander our church withall ; these men have acted , or suffered to be done , by those whom they maintaine : insomuch that now the priests of rome shall not speak only lyes as heretofore , when they tell the people , that in england , they abolish church sacraments , the meanes of salvation , they either raze or rob churches wheresoever they come , and make stables of them ; that they will neither have temples nor forme of religion , nor doe they serve god any way ; yea , the english nation is growne so barbarous , that they are very canniballs , and devoure one another . god knowes , my soul abhorres to thinke , much more to name those things that are acted & done amongst as , nor should my pen be fouled with the mention of them , were they not visible to so many eyes , and did not necessity of defending impugned truth , and an abused church restraine me . but i would have all the papists understand , ( for to that end , do i thus speak ) that we , who are of the true protestant christian religion , do abhor and loath these practices as much as any , and are persecuted to death by them , that do them , for our dislike of them . . by their suppression and demolition of all monuments of christianity , that there might be seen no more tokens of it in the kingdome ; as if they intended , that no man should be able hereafter to say , this land was once christian : the very festivall times , when the birth , death , resurrection & ascension of our saviour is commemorated , & which ( next to the preaching of gods word , and administration of the sacraments ) have been the most speciall means to confirme mens faith in the history of christ ; these they have inhibited and forbidden , as if they hated his very remembrance ; gods wisdome appointed the feast of passeover , to be kept as an ordinance for ever among the jewes , to minde them of their deliverance from aegypt , and to be a mean to assure their children in after-ages , of the truth of that great mercy : and the church conceiving that our deliverance from sinne and satan , by the birth , death , resurrection , and ascension of christ , to be as a great a deliverance as that other , and to deserve as well to be remembred , did also apprehend that way or mean to be the best , to convey the notice of it to posterity , which gods owne wisdome devised ; and that was by celebrating annuall festivalls in memoriall thereof : but these men ( it seemes ) have resolved to the contrary , for they will not have the same kept any longer in remembrance . nay , that miraculous thorne at glassenbury , which was wont to celebrate the festivall of christs nativity , by putting forth its leaves and flowers , was cut in pieces by these militia men , that it might no longer preach unto men , the birth day of their saviour . but what doe i speake of dayes , and times , and teaching trees ? the very doctrine it selfe , which christ himselfe taught and practised , viz. the doctrine of peace , patience , and passive obedience unto princes , is reckoned obsolete and uselesse by these men : it was publickly maintained by a certaine worthlesse member at a great committee in the checquer chamber , that such doctrines were out of date in these dayes , and had been onely proper to former times , when the church was in a low condition , and under the persecution of heathen emperours . nay , these men would not , that any true christian protestant should have leave to live , to relate unto posterity the doctrine of his saviour , as seemeth by their doings ; their thirst for protestant bloud , appeareth to be such , as if they desired that all of that profession in the world , had but one head , that so they might cut it off at one blow , for they have shed already more of it , within these foure yeares , then ever was shed in great brittaine since the world began ; and that for no other cause , that we yet know ( for they never durst come to dispute it with us ) then for holding to the doctrine of christs gospell : because we will not contrary to that , lift up our hands with them against our soveraigne . by these particulars , and many others which i might alleadge , it is evident ( what ever they pretend to the contrary ) that their endeavours are to destroy the christian protestant religion . our saviour doth warrant us to judge of men by their fruits ; wherefore t is no marvaile if the reader ( being a true protestant christian ) be not well affected to that cause of liberty and religion , which the two parliaments of england and scotland do seeme to maintaine . sect . viii . . of the feigned combination against the parliament . . our judgement of the papists , and of their assisting the king. . our abhorment of the cruelties of the irish , and how they are out-gone by the english rebells . . our opinion of the court faction , of what flock we are . . how the libellers call themselves the more beleeving sort of people . but the reason insinuated ( by our subtile brethren ) why men should be affected to that their cause , is taken from the consideration of the persons against whom ( as they say ) t is maintained , viz. against a combination of all the papists of europe ( almost ) especially the bloudy tigres of ireland , and some of the prelaticall and court faction in england . that there is any such combination , ( opposed by the two parliaments , of england and scotland ) as these men mention , is more ( perhaps ) then the readers have heard of before , or then they do yet beleeve upon the bare affirmation of these relaters , who are but men , ( & all men are subject to error . ) indeed we have heard of a most ungodly and unlawfull association , betwixt those whom they call the two parliaments , and certaine other people in england and scotland : the tenour of which is , ( if i rightly apprehend ) never to lay downe armes , nor to admit of peace , till they have accomplished their owne ends upon the king and his friends , and satisfied their lusts upon them . and to defend and assist with their lives and fortunes , all those ( whoever they be without exception ) that shall joyne with them against the king & his party . so that , be they papists , turkes , jewes , heathens , atheists , arrians , irish tigres , devills of hell , if they do but joyne with them against their king , and those that honour him as gods annointed ; for this very cause and reason , they have bound themselves by oath , they have vowed and protested to defend and maintaine them , with their lives and fortunes , even till death , and never to forsake them . if there be a more generall illegall , and irreligious combination then that is , ( which any others have entred into ) these relaters should have done well , to have given the reader a copy of the same ; who otherwise must apprehend them in these their words , to be only at their old vomit againe : because they cannot possibly devise more evill , and mischiefe to charge upon others , then themselves do practice against others , therefore they still impute unto others , their own iniquities , or else their guilty consciences makes them fancy , that they see their own pictures in other mens faces . but we will not omit to observe the ingenuity of these men , ( though it be but a little ) intimated in those their two words almost and some ; they do not say all the papists in europe absolutely , & all the prelaticall court faction without any limitation , have entred into this fancyed combination ; but all the papists in europe almost , and some of the prelaticall and court faction ; the word almost , doth exclude all the papists that either are , or may be under the parliament pay and service ; and the word some , may excuse those of the prelaticall or court faction that hold intelligence with those at westminster ; and are men of like complexion with them , dissemblers , disobedient , unthankfull , treacherous , heady , and high-minded , however they carry themselves to outward appearance : and truly we beleeve that if these tale-tellers , would but speak out , when the fit of ingenuity is upon them , they would confesse and acknowledge , that if any papists in the world , any of the bloudy tigers of ireland , will but joyne with those , whom they call the two parliaments against the king ; and that little flock , which for conscience sake remain loyall to him ; they shall be accepted and absolved presently , from what is past , they shall be reckoned papists no more , bloudy tigers of ireland no more , but all good men , and true in a moment ; and have free leave , yea , and money too , to act over againe their bloudy tragedies here in england . or if any of the court faction , of what religion or conversation soever , will but vouchsafe to be more vile and wicked then ever they have been , and be hired ( as judas was ) to betray their master , or to render up to his enemies , those places of defence committed to their trust , and so come off from the king to their parliament side ; they shall be welcome and voted good , all upon the suddaine : truly we never heard of any yet , that had the conscience to act the part of a traitour , or of a villaine against god , his prince , and country , but hath been accepted by them : and ( as was said ) we beleeve if our subtile and suspected brethren would but speake out , when the moode of ingenuity is upon them , they would confesse as much . but the reason ( as we conceive ) why they yoke papists , irish tigers , and the court faction thus together , and affirme them to be entred into a combination , is this : because they would , that the common people should have an equall odious esteem , of each of these three sorts ; whom they would also should be apprehended , to be the onely persons that maintaine and uphold the king , and whom the king doth only respect and adhere unto ; & therefore they would that we ( unto whom they direct their speech ) should decline him and his cause , and joyne with themselves and their faction , against him , that , and them . in answer to which i shall only declare in a word , what our judgements and opinions are , of each of these three sorts of people . . concerning papists , we ( the persecuted and loyall protestants of this kingdome ) doe more abjure their religion then these men do , that speak so bitterly against them ; though we do not think it lawfull to enter into a combination , to root them out of the earth by shedding of their bloud ; ( no though they should enter into such a one to destroy us ) for we have no warrant in the gospell so to doe . t is the word of god that is ordained to suppresse false religions , and not the sword of man ; fire , sword , and pistolls are the weapons of antichrist , and not of christ. and ( because of their religion ) we are heartily sorry , that there are any papists in the kings armies , for that scandall which ignorant people take by them , ( through the perverse suggestions of the crafty adversary ) who from hence , take occasion to keep their affections enstranged from their soveraigne . not that hereby any scandall is justly given by his majesty , for we hold it not only lawful for him to make use of those of that religion , but also necessary , yea , it would be a sinne against god , if being assaulted by theeves and rebells , he should not use the meanes for his own preservation , and imploy for his own defence , all those whom god hath submitted under his government for that purpose ; there is no man , if he should be assaulted by robbers and murderers , but would make use of the aide of a turke to save his life . yea , these very men themselves ( we see ) can hire papists from other countryes , to help them to destroy their soveraigne ; and is it not meet and reasonable that the king should permit papists , his owne subjects , to help to preserve him from such their violence ? indeed we are ashamed and blush , that papists should out-goe any that beare the name of protestants in duty and obedience to their king ; that any whom this church hath bred , should so desert their soveraign in his danger ( who hath protected them in theirs ) as that he should need the help of papists : sorry we are at the heart , that this occasion is given , to have any of another religion to defend the defender of our faith , against the basenesse and violence of those persons , whom he hath defended in the profession thereof : but more of this hereafter . . concerning the bloudy tigres of ireland , we doe abhorre their cruelties , and beleeve that their damnation sleepeth not , but shall in gods due time over-take and over-whelme them : but we must adde farther , that the tigres of england ( even many of those whom they call the parliament side ) have been full as bloudy ; nay , more bloudy and base then those of ireland , who have persecuted with fire and sword , from among them , those only that were of a differing religion and nation , unto themselves ; but these here , have handled them of their own country and religion , after the same manner ; never any tygres so thirsted after the bloud of their nearest kindred and best friends as these in england have done ; nor can any villany be named , that was acted by them in that kingdome , which hath not been done and out-done by those in this ; these also have raised a rebellion against their soveraigne , and in pursuance thereof , have killed , slaine , and destroyed , men , women , and children in some places where they have come ; these also have stripped people of both sexes naked , and then shut them up in churches together , or other places , and afterward have come , and in a barbarous and beastly maner , have whipped and scourged them ; these also have rosted christians at the fire , and burnt them by piece-meales , their toes from their feet , and their fingers from their hands , striking up halfe a dozen drums in the meane time , that the shreeks and cryes of the tormented , might not be heard , to move pitty in any towards them ; ( which was the custome of them in old time that sacrificed children unto moloske ) was it ever heard , that the tigres of ireland , or the spaniards in the indies did ever act any such cruelties , upon them of their owne faith and nation ? indeed modesty restraines from expressing all their doings : and did i delight to make men odious , as well as sinne ; i could name the persons , by whose command and authority , some of these things have been acted , and the places where they have been done . and confident i am , if master fox were now alive , to search into all the places where these parliament tigres have come , and to write their doings ; the volume would be three times as big as his former , and repleat with as savage actions , as ever yet were recorded by the pen of man : onely this i must say further , i have not heard that the tigres of ireland , have shewn so much immediate spight against god and christ , in demolishing all markes of christianity , in destroying , polluting , and defiling the temples of gods worship , as these of england have done : t is true , we hear that since they have got our churches into their possessions , they have in their superstitious way , consecrated them anew : and truely , had our tigres of england been there , and used the churches of that kingdome , as they have done them in this ; there had been great need of a new consecration . wherefore ( concluding this particular ) i will only speak to these men , ( who have thus mentioned the tigres of ireland ) as our saviour in the gospell did to some of like conditions . you hypocrites , can you see tigrely doings in your brethren of ireland ? and can you not discern these more tigrely and bloudy actions which are committed by your selves ? amend first for shame your own doings , and then you may speak with more credit against the evills of others . . concerning the third sort , viz. those some of the prelaticall and court faction in england , which these men cry out also upon , to be of the combination , we doe confesse , there hath been , and perhaps still are some about the court , or that have too near a relation to it , whom we doe dislike as much , and more too , then these men doe , and we have reason for it , they are such as neither serve god nor the king , so faithfully as they ought to doe , but are either secret pensioners unto his enemies , pursuing their ends , ( notwithstanding their pretendings and engagements to his majesty ) or else they are slaves to their owne proper lusts , making provisions only , for their owne flesh and belly ; ( notwithstanding gods wrath upon the kingdome : ) and from these is the speciall cause that the kings affaires goe on so badly as they doe : these be the men , who by their power and authority have countenanced and advanced the vile , even to abuse , spoile , and dishearten the good : lest the lustre of inferiours merits , should discover the worthlesnesse of those that are in place above them ; and give too happy a progresse to his majesties businesse . of which sort are they , who when by their treacheries , indiscretions , negligences , or ill governed behaviours , townes and countrys are lost , good undertakings nulled or made frustrate , can very unreverendly , and undutifully lay the fault upon the kings ill fortune ; yea , and tax his majesty of this or that ; so making his candour the napkin ( as it were ) to wipe the filth from their own noses . these men ( we would that all the world should know ) we do dislike , and perfectly abhorre , for such their workes sake , even as we doe the irish tigres , or the men of westminster themselves . but we do beleeve , and know , that ( besides these ) the king hath a company belonging to him , both of the nobility , of the gentry , and of the clergy , ( our subtile brethren may call them a faction if they will , or even what else they please ) that are both truly religious , and truly loyall , that have sacrificed their fortunes , and are every one ready to sacrifice their lives too , in defence of their holy protestant religion , and of their king and country , that do truly mourn for the miseries of this church and state ; yea , many of them stand like mary and john , ( as being able perhaps to do little else ) looking with watery eyes upon their innocent and righteous soveraigne ; whom they behold in their saviours condition , crucified between theeves on both sides . and of this flock we do professe our selves to be , and to it we resolve ( by gods grace ) to adhere for ever , although we should see every of them , to be in the kings very case and condition , wronged every way , and abused by both their parties even as he ; no , we will not leave to be on their side in this cause , though we beleeve them to be the men , whom ( together with the king ) the heads of the association made at london , have vowed to destroy : we know that the lord whom we serve is able to deliver us from their cruell hands , but if not , let all the people know , that we will never fall down before that many-headed idoll which they have set up , or rather which hath advanced it selfe to be adored by the people : and this is our ▪ answer to these subtile men , who by a tale of strange combination , did think ( as it seemes ) to perswade us to forsake the king , and to adhere to his enemies . but they tell the reader further . thou ( say they ) wilt be abundantly satisfied with these letters here printed , and take notice there-from , how the court hath been cajold ( that 's the authentick word now among our cabalisticall adversaries ) by the papists , and we the more beleeving sort of protestants by the court. the reader may be abundantly satisfied by these letters of his majesties longing desires to see peace restored to his poor subjects throughout his three kingdomes : and he may also be abundantly satisfied by their printing of these letters , of that abundance of bitternesse , spight , and malice which is in the hearts of the publishers of them against their soveraigne ; but for satisfaction in any other matters , the reader if he be rightly affected and lookes onely with his owne eye , he must seeke it some where else , for here it is not to be found . what they intend by cajold , and whom by cabalisticall adversaries , i stand not to argue , for the words are shelly , nec de verbis est disputandum ; only i cannot but observe the title which these wisemen give themselves , and their owne faction : we ( say they ) the more beleeving sort of protestants . faith it seemes they have , and in their owne opinion great plenty , more then others ; like them , john . they say they see , and like him , luke . they think themselves better then other men , they are not like us publicans , who confess our selves to be weak and sinful , and to have need to cry daily unto the lord for mercy and increase of faith ; they are past their creed already , and can tel god , lord we believe , whereas we are yet but at our pater noster , help our unbelief . but in whom , or in what is it , that they do believe ? surely in themselves , and their own fictions , because they have renounced the truth of god , which they have been taught , and are turned persecutors of it , god hath given them up , first to make , and then to believe lies , in which respect they are indeed the best believers , and in that sense they speak not amiss in calling themselves the most believing sort of protestants , though in another sense they are the most unbelieving , for they wil not believe the king in any thing , let him promise , profess , and protest never so oft and solemnly unto them ; their tongues , pens , and actions proclaim publickly their unbelief ; yea , they glory in their not believing , and do all they can , that others might be infidels also in the same respect , as wel as they ; their malicious notes , upon his letters are to this very purpose , let them deny it if they can . and as for god , they believe him as little as they do the king , for they dare not trust him for protection , they have more confidence in the militia a great deal , and stand more upon it . beside , if they did believe god , they would also fear him , ( faith and fear go together ) they would regard his word more , and not so oppose it in all their ways ; or endevour to make it of none effect , by their sinful ordinances and traditions : besides , faith in god discovers it self , by doing the works of god , and they are not hatred , strife , sedition , rebellion , murder , lying , slandring , and speaking evil of dignities , which these men traffick solely in . s. james tels us of nudifidians , who say they have faith , and boast that they have more then others , sure these are the very men , for they call themselves the more believing sort of protestants : the bare believing sort of protestants perhaps they are , they account good works but marks of popery : we confess our selves no such protestants , for we are of the apostles mind , as the body without the spirit is dead , so faith without good works is dead also . but they tel the reader further , and say , if thou art an enemy to parliaments and reformation , and made wilfull in thine enmity above the help of miracles , or such revelations as these are , then t is to be expected , that thou wilt either deny these papers to have been written by the kings own hand , or else that we make just constructions and inferences out of them : or lastly , thou wilt deny , that though they be the kings owne , and beare such a sense , as we understand them in , yet that they are blameable , or unjustifiable against such rebells as we are . sect . ix . . the slander laid upon us to be enemies to parliaments and reformation confuted . . of pretended miracles , revelations , and new lights , the taking the kings cabinet in battle no miracle . . the libellers weak argument to prove an impossibility of forgery in their parliament . it seems t is voted and decreed , that if a man be not well affected to that cause , which the men above board do maintaine ; he is then no lesse then an enemy to all parliaments and reformation , yea , ( past all hope of recovery ) wilfull in enmity , beyond the help of miracles : for ( it must be understood that ) all men being divided into two ranks , elect and reprobate , and the elect being all on the parliament side , or well affected at least to their cause , the rest must needs be all damned creatures ; enemies to parliaments , i. e. to the common-wealth and all good lawes ; yea , and enemies to reformation too ; that is , to god and all true religion , and therefore away with such fellowes from the earth , t is not fitting they should live : they that cannot erre have so concluded . here ( by the way ) we may see a ground of all these bloody warres , ( which many hitherto are ignorant of ; ) a reason of all these cruel declarations , and injunctions to kill , slay , and destroy the forces raised by , or adhering to the king ; why they are all reprobates , men hardned in enmity against parliaments and reformation , past all hope , of recovery , and therefore to be sent to hell , in all haste , as to their proper place ; that so the earth the sole inheritance of gods elect ones , may be wholly left to the free possession of its proper owners ; and fully cleared from those enemies of god and parliaments . well , what we are , heaven knows , for their censures we passe not , any more then saint paul did to be censured by the corinthians ; we say with him , he that judgeth us is the lord , and whom the lord condemneth shall be the onely condemned men at the great day ; and our saviour tells us , that then the first may be last , and the last first , the first in mens esteem , the last in gods and so è contra . but let us a little reason the particular , with them that thus fiercely charge upon us : must we of necessity be enemies to parliaments and reformation , because we are not affected to their cause ? doth this parliament contain in it , all other parliaments , that ever have been , and ( as they hope ) ever shall be ? may not a man possibly dislike the proceedings of this , and yet approve of the being of another ? may not a man wish the dissoultion of this , and yet withall desire the convention of another ? may not the same man obhorre evill , and love good , hate vice , and imbrace vertue ? may not a man affirme this no parliament at all in the truest and best sence , because they do not do the workes of a parliament ? those jewes in the gospell were not abrahams children , in christs sense , ( which was the truest and the best ) because they did not doe abrahams workes ; they called themselves indeed his children , in respect of the flesh , or walls , ( as i may say , that did inclose them ) which they had from abraham : but christ calls them , a generation of vipers , and children of the devill , for all that : because they went about to kill and destroy him ▪ their king and soveraigne ; which thing , ( sayes he ) did not abraham , may not we esteem of this parliament as our saviour did of those jewes , since there is such a similitude betwixt them both in words and manners ? we know that christ did well enough approve of those children of abraham , who did abrahams workes , notwithstanding his dislike of those in particular , whom he speaks against : so may we , notwithstanding our dislike of this parliament , highly esteem of another , which shall do parliamentary actions . now the works or actions of a christian parliament , are to heal and not to make breaches in a church or state ; to settle religion and peace , not to destroy either ; to make and confirm good laws , not to null them ; to suppresse all sects and false opinions , not to give free liberty unto them ; to consult for the kings honour and dignitie , not to countenance and authorize base libells to his defamation ; to advise for the wealth and flourishing condition of the subjects , not to impoverish , or to ruine them : these , and such like have been , and properly still are , the works of parliaments ; and to such conditioned parliaments we are no enemies : we account a true parliament our palladium , the strength of the kingdome ; we have the same opinion of it , as the trojans had of their palladium , they held their city invincible , so long as they kept their palladium inviolate ; so might our nation have been reckoned , ( under gods protection ) invincible , if these unhappy men , had not perverted the power and priviledges of that most high and honourable court : but ( alas ! ) never was noble nation so abused , and destroyed as this is , and hath been , per catulos istos catilinarios , ( i may truly call them , ) who have been the instruments of infection to this so much desired meeting ; who if the god of heaven do not oppose and subdue , we are never like to have any more parliaments , which is one of our greatest feares ; if these men prevail , they will assuredly never have any above them , that shall call them to a reckoning , be they never so lascivious in evill , never so mischievous or destructive of good : now must every one that disrelisheth the courses of this parliament , be judged an enemy to all parliaments ? truly 't is too unreasonable , too harsh a censure , but 't is our burden and we must bear it . and yet this is not all , for we are sentenced to be enemies of reformation too , an enemy to parliaments and reformation : but do these two go always together ? may not a man possibly be a friend to the one , and no wel-wisher to the other ? we have heard of some that have been well affcted to parliaments , and yet not to reformation : but this we apprehend is only added , to exasperate the peoples rage against us , that with the more violence and speed they may dispatch us , as being enemies to all that good is . indeed if parliaments and reformation were ( as they ought to be , ) unseparable companions , then he or they , who were friends to the one , were also friends to both , of necessity : but these very men will confesse and say that in queen maries dayes , there was parliament and deformation : and so wofull experience tels us there is now , yea and depopulation too , of houses , families and men ; and devastation of true religion and law ; the reformation ( if they so call it , ) by this parliament , is such a one , as nebuzaradan , steward to nebuchadnezzar made at jerusalem , when he threw down the walls both of the city and temple , we confess to all the world , we are enemies to this kind of reformation , and so hope shall ever be : but to that which is of sin , and evill , whether in church or state , we are most affectionate friends , & do humbly beg of god , ( to this end ) that he would please to settle the king in his throne , and give him such a parliament , as may have grace truly , and intentionally , ( not in pretence onely , ) to go about it , sed de his satis , onely we doe observe from hence before hand , how our bill of indictment shall run , if these men lay hands on us : what those crimes are , which the people shall be made beleeve , we are put to death for : because we are enemies to parliaments , and reformation , to god , and all good men , yea , and wilfull on our enmity too , we would not be reclaimed by any meanes , no not by the help of miracles , or such revelations as these are . but what is this we hear , miracles , and revelations pleaded in these dayes , and by these men ? are not these of that number who were wont heretofore , to cry out against the papists , because wanting the written word to justifie their way , they alleadged miracles and revelations ? see the strength of resolution in these stout champions , rather then submit to scripture , to their soveraigne , to the truth , to reason , they will joyn hands in this also , with the papists , whom they have formerly so much condemned ; and being brought to a like strait , will make use of like arguments to warrant their own proceedings . i confess astonishment did much possess my spirit , for a great while , at their courses , so directly contrary to gods plain word ; till at last i met with a certain sermon preached by one william bridge , and ordered to be printed , by a committee of the house of commons , subscribed by john white : wherein the preacher ( speaking of reformation , now so much talked on ) teacheth the people , that 't is a sin in them , to look that it should be effected in gods ordinary way , or to expect that gods assistance should come , as in former times , to the furtherance of it : for ( saies he ) now god is working extraordinarily , and to tie him to ordinary ways and means in such times as these , is to tempt and to limit god : this he repeats over three or four times , for peoples better observance , and then concludes positively , that ' t is the second great sin that hath made a stoppage in englands mercies , this tempting of god by expecting reformation in an ordinary way ( though it was wont to be accounted a tempting of god to expect his help in ways extraordinary . ) his ful sense i suppose in those his expressions is , as if he had spoken more fully out thus : my beloved brethren , gods word was indeed heretofore , the rule and square to order your course by , and because therein you find no warrant to rebel against your king , to kil , slay , and destroy your brethren , to go in such ways as the parliament hath voted you shal go in , therefore some of you i see , are scrupulously fearful to lift up your hand against the king , or to cut the throats of all your brethren that be not of your opinion , & to work a new-found reformation by the sword : but hereupon it is , that we have such a stoppage made in englands mercies , the elect of god are stil kept out of their possessions , and the land is yet ful of wicked men , and herein you shew your selves most weak and simple , that you do not consider , that god is weary of his ordinary manner of working , he sees it is impossible that his children should have their hearts desires in this life , by going in that old beaten path , himself is not able to satisfie their lusts that way , and therefore he hath now at length better bethought himself , and left his old wont , is resolved to go an extraordinary way to work , which he never went in before , & hath stirred up many extraordinary men , worthy members to that purpose ; yea , and now he wil have his people cast his word behind their backs , as a thing out of date to walk by , and look only unto extraordinary lights and revelations , that we their teachers shal tel them of , and go only by them : and believe it , now god hath altered his mind , and course of working , 't is plainly to tempt him , if you expect his blessing in his old way , or ●hal observe the guide of his word any longer ; they that wil not now depend upon miracles and revelations , are obstructers of englands mercies , yea , and worthy to be voted enemies to gods reformation , such as are wilful in their enmity too , and past all hope of recovery . this is the sense and doctrine of william bridge , one of the parliament ministers delivered in the year . at margarets on fish-street hil london , and ordered to serve for the whole miridian of great brittain , by the committee of the house of commons in parliament , concerning printing , witness john white . but leaving william bridge to his extraordinary illuminations and revelations , we turn again to these good fellows , and desire to know of them , what these particular miracles and revelations be , which they here speak of , we conceive they mean these letters which they say were taken in the kings cabinet at nazeby field by victorious sir thomas fairfax : but truly we do not see , how things written by way of letters , from one person to another , can properly be called revelations , nor how it can merit the name of a miracle , for enemies in war or battail , to seize upon a cabinet of papers : at the battail of edg●-hil , his majesties soldiers took certain letters , wherein by divine providence was discovered , how one blake was hired by them , that call themselves the kings most loving and obedient subjects , to signifie by some token , the place where his majesty was in the field , that they might more directly level their shot thither , and speak forth their loyalty by the mouth of their ordnance : we apprehended it indeed a special mercy of god to us , but we did not call it by the name of a miracle , or a revelation . yea , but these men it seems , do co●nt such an accident , when it falls out on their side , a miracle and a revelation , and a sufficient one too , to convert all of us unto their opinion , if we be not before-hand wilful in our enmity against parliaments and reformation : but if any be so obstinate , and wil not be wrought upon by these means , 't is supposed that he wil either deny these papers to be written by the kings own hand , or else , that the constructions , ●●d inferences made out of them are just , and true , or that these papers are blameable against such rebels , as they are who have published them : for it seems these are properties essential to one wilful in enmity : yet whether it be out of our weakness of judgment or no , we leave it to reasonable men to determine : we the simple brethren do confess that we believe it is possible that a man may suspect whether all these papers , as they are here published by his deadly enemies ; were written by the kings own hand or no ▪ yea , and he may also absolutely deny that the constructions and inferences , which they make out of them are just and right : and further he may declare and shew , that nothing in them is so blameable , as they would have the world believe , seeing they are against such unparalleld rebels as they are ; and notwithstanding , be free from any such enmity as they speak of . it seems their guilty consciences expected some such matter , and therfore they endevour so wel as they can ( poor men ) to answer for themselves , saying , as to the first , know , that the parliament was never yet guilty of any such forgery , the king yet in all the letters of his which have been intercepted , never objected any such thing , and we dare appeal to his own conscience now , knowing that he cannot disavow either his own hand-writing , or the matters themselves here written , ( all the cyphers , letters , all circumstances of time and fact , and the very hand by which they are signed , so generally known , and now exposed to the view of all ) wil aver for us , that no such forgery could be possible . their argument , in these words unto the first , stands thus , if these letters were not written with the kings own hand , then the parliament should be guilty of forgery , but the parliament was never guilty of such forgery . ergo. the major in this argument they take for true , but it is not currant , unless they wil prove that none had to do with these letters but the parliament , and that the publication of them was the act of the whole court ; which we do not believe , because the end thereof , being ( as was shewn before ) only to defame and endanger the kings person doth speak it a work un-beseeming a parliament consisting of christian men , unless we take only a part for the whole ; perhaps indeed it might be the act of some amongst them , viz. of the prevailing faction : but crimen paucorum diffundere in omnes , is not our custome . but their minor only they prove , and that thus , if the parliament were guilty of any such forgery , then the king in some of his letters , that have been intercepted , would have objected the same . but the king never objected any such thing , ergo. to this i answer : it would be as great a shame , if a whole parliament should be guilty of forgery , as if it should be guilty of the forementioned act of authorizing this libell : but yet some of the rotten members thereof , ( as they are men ) may possibly be as guilty of the one , as of the other , for all men ( say these ) are subject to errour . nor is it an impossible thing to shew , that some of them have not dealt so sincerely , as became honesty : when they were yet in ways of entreaty , with their associate counties , for free benevolence , before they came to their weekly taxes and contributions ; some of them being sent by the rest into the country , to pick their neighbours purses ; whilest they have been perswading the poor country-man to new loanes and charges , for the maintenance of this unchristian and unnatural war ; providence ( as must be pretended ) did usually at the very instant time , send some letter or other , wherein was related , ( with thanks to the people for their former assistance ) what a great victory ( by the help of god and them ) the parliament had lately obtained against the kings forces , with little or no loss to themselves : so that now the work was in a manner quite done , one contribution more would finish the business . these letters were suspected , ( even by the abused people themselves ) to be but meer forgeries , devised on purpose to cozen them of their monies , when afterward they understood there had been no such victories at that time ; verily those that dare belie gods providence , and forge letters from that , may be suspected , wil be as bold with the king , in pursuance of their own designs against him . but ( say they ) if the parliament were guilty of any such forgery , the king in his letters , which have been intercepted , would have objected the same . the word intercepted , might have been omitted , for if in any of the kings letters , which have by accident come into their hands , any such thing were objected , yea , and sufficiently proved , yet we are confident of their wisdome so far , that we dare say for them , they would never have divulged the same , nor suffered the world to know of it , if they themselves could help : but for their whole argument 't is only negative , and therefore weak and fallible . the king hath not accused them of forgery , ergo , they are not guilty thereof , is no necessary consequent : there is many a malefactor in the kingdom , that deserves hanging ▪ yet was never brought to his trial , is he therefore innocent ? as it doth not follow , that they are most faulty , that are most ill spoken of ; no more doth it on the contrary , that they are most free from blame that are least taxed . but if the king hath not objected forgery unto them , the more is his goodness and wisdome ; he that desires peace with his adversary , is sparing , even in his just objections , that no obstruction be cast in by him , as a bar to union ; whereas they that love strife , though themselves have already offered most wrong , yet are stil most ful of clamours ; and when they can find no faults to object , they 'l invent some to keep the fire burning : doubtless if the new great seal be remembred , it must be acknowledged by all men , that the king hath had more cause to accuse them of forgery , then ever they had yet to accuse him of perjury ; but by their own confession we see , the king hath been more careful of their credit , then they have been of his honour , or of their own souls . but being conscious of the weakness of their argument , they hope to strengthen it with a second , which is nihil ad nos , as the other was nihil ad rem ; 't is their appeal to the kings own conscience , who ( say they ) cannot disavow his own handwriting : this may indeed be aliquid ad regem , but what is it to the reader ? would they have every one in these kingdoms , and beyond the seas , ( to whom they have dispersed these copies ) make a journy to ask the king , whether these letters were of his own hand-writing ? and to this second they adde a third , which is even like the former : they tel the reader , that all the ciphers , letters , all the circumstances of time and fact , and the very hand ▪ by which they are signed , so generally known , and now exposed to the view of all , will aver for them , that no such forgery could ●e possible . and yet the reader all the while sees nothing , but only that which comes from the hand of the printer , or did he see the very cyphers or original letters they speak of , were the hand wherewith they were signed , exposed generally to the view of all , could all men know it to be the kings ; or swear it were nto forged ? i suppose not , unless he had first submitted his faith and judgment to believe only , as the parliament voteth . in a word , i conceive that ( not withstanding all they say to the contrary ) they who forged the kings seal , may possibly forge letters under the kings name . i do not accuse any to have so done , only i speak thus , to shew that their arguments are not so convincing as themselves think . forgery in this case might be possible . but they come to the second objection , which they believe may be made against their notes upon these letters , and say , as to our comments and annotations , if there be not perspicuity and modesty in them , there is no common justice , nor place for credit left among mankind . sect . x. . of that perspicuity and modesty which the libellers boast , to be in their own annotations . . their pretty confident way of perswading all men to be of their opinions . . their reasons why they did not publish all they had against the king. if any shal dislike these comments and annotations upon the kings letters , he is confuted in these words very substantially ; for the authors of them say , that they are all very good : and we know men can best judge of their own works , they can give the fairest interpretation of their own doings : the crow can see beauty in her own bird , though none else can ; so these men can see perspicuity and modesty in their own notes ; yea , so confident they are , that their sight is good , & their judgment true , that they dare boldly conclude , there is no common justice or faith left amongst men , if all mankind be not of their opinion in this particular . was not this stoutly spoken ? are not these valiant men ? we see they are resolved to hold their own , though all mankind say to the contrary . truly upon this their commendation , their notes have been read over again , and again ; and i profess , i can see no perspicuity at all in them , unless of spight and malice ; which indeed i find set forth with the highest and most transcendent impudency against soveraign majesty , as i believe ever mankind saw : nay , i dare affirm it , that never any protestant christian subjects did discover the like , under countenance of such an authority as these pretend . and i require these boasters to shew but one word or expression , savouring of true modesty , and christian reverence to their king , in all their annotations : and i promise them it shal excuse with me a multitude of their other errours . nay , let their own consciences speak , concerning this perspicuity which they talk of ; whether they did not on purpose transpose these letters ( in this their publication of them ) inverting the order wherein they were written , setting some that were first , last : and some that were last , first : that so their dependance upon each other being broken , they might be lesse perspicuous to the reader : who might ( had they all been placed in their right order ) with facility and clearness , have discerned the reasons of many expressions , which ( without regard to their reference ) may be apprehended in a worse sense , then they do naturally bear . they took all these letters together by their own confession , why then must they place those writ in may , before them that were writ in march ; and those in march , before those in january ? those of this year , before those of last , or of the year before , but only for the reason forementioned ? had they studied to evidence that perspicuity they speak of , ( if these letters must needs have been printed ) they would at least have placed them in that order , as they were sent from the king and queen to each other . o but then , they would not have appeared so offensive , as now they hope they have made them to do , nor been so liable to sinister interpretations . truly in this very thing , there doth appear to our apprehensions the perspicuity of their malice . which also is further manifested by their picking out here a sentence , and there an expression , from out these letters , which being disjoynted from that which goeth before , and that which followeth in the same place , ( and attended with their spightful gloss upon it ) doth seem to be , what in its self 't is not , ( when read entire by a christian eye with its ful coherence ) wherein they imitate that profane atheist , who to prove his opinion , alleaged that part of the psalm , non est deus , but left out the preceding words , dixit insipiens in corde suo . yea , and the perspicuity of their malice is seen more abundantly yet , in their perverting his majesties words to as bad a sense , as possible man or devil could wrest them ; to the end that none ( if they can bring it to passe ) might harbour a good thought of him : yea , they endevour so much as in them lies , not only to put all his subjects , but even his own child , into a way of disobedience against him ; by that which they wrest in their notes from the eleventh paper . yea , though they hate the queen , with a most mortal , and perfect hatred , ( as appears sufficiently by their dealings with her ) yet how doth it irk them that she loves her husband , and how fain ( out of their superlative malice against him ) would they break that bond of affection between them , is evident by their publication of the . paper , which concerneth only a private business between them , ( as man and wife ) written of some . years ago , about the time of their first marriage : were there nothing else to make the superfluity of their malice abundantly perspicuous , the divulging ▪ of that very paper alone , ( to the end for which they do it ) were fully sufficient . thus we see their perspicuity , now for their modesty , which all but their own dear selves wil go near to suspect to be shamefull impudency . for . he whom they accuse and reproach is the person , whom above all men in the world , they are bound in duty , and have solemnly sworn to defend and honour ; and is this modesty ? then ziba was a modest man for accusing his master ; and absolom was a modest man for accusing the king his father ; and so was shimei too , in his reproaching and accusing david his lord and soveraign . . they seek occasions of accusing , they search for iniquity , yea they have accomplished a diligent search in their reading his letters , and in their sifting his actions ; and though they find no sufficient matter , yet they accuse ; they pervert his words , and invent matter , like them that said , come let us devise devices against him , and smite him with the tongue , and is this modesty ? then the pharisees were modest men in their dealings with christ , and so were daniels enemies in their accusations against him . . they accuse him for good , ( wanting matter of evill to charge him withall ) as for loving his wife , for tendering her health , for desiring her welfare , for endeavouring his own defence , and the upholding of monarchy , which god hath intrusted to him , and many such things of like nature , they heavily tax him withall : and what they want in weight , they make up in number ; hoping that the blinde and seduced world will suspect , ( at least ) somewhat amiss , when they heare him charged with such a multitude of accusations . and is this modesty ? then they in the . psal. that resolved with our tongues we will prevaile , were modest creatures . . they accuse him for that which ( themselves know ) is most contrary to his nature and disposition ; as of dissimulation , breach of oath and promise , and aversnesse to the good and welfare of his people : whereas to the first , they cannot deny that his plain-dealing hath afforded to them their best advantage against him ; what moved him to signe that unhappy bill for continuing the parliament , but the sincerity of his spirit , in his conceiving them to be after his owne heart , honest men ? but ( as one of the crafty members ingeniously acknowledged ) i confesse ( sayes he ) in that , we were too hard for him . to the . their owne consciences can witnesse for him , that his constancy in keeping his oath ( made at his coronation ) to defend the church of god in that estate of weal wherein he found it , ( which they would force and compell him to break ) hath been a chief cause of this great persecution stirred up against him . and for the . their owne hearts will affirm , ( if they would let them speak ) that never prince did more hunger and thirst after his peoples good then he , never did any further deny himselfe , then he hath done , as appeares paper . or offer more of his owne undoubted rights to purchase their peace ; never did tender father look with a more dolefull eye , upon the miseries of his child , then he upon the calamities of his subjects : nay , never was any abused prince so unwilling to shed rebellious bloud as he ; with what sadness did he hear of those expressions of joy , for his victory gotten at stratton fight , alas ( sayes he ) but they were my subjects . and with what passion of joy did he praise god , at the beginning of these troubles , when after a long personall expectance of an answer ( after the limited time ) of his summons to banbury : the town at last , was surrendred to him : blessed be the god of heaven ( sayes he ) that hath given me victory this day without blood . and when his majesty was upon the hill opposite to foy in cornwall , and was shot at by the enemies , ( who then lay in the towne ) and had a man killed close by him : though his ordnance was ready planted , and some with him would fain have shot , and beat downe the towne : which might with ease from thence have been effected : his majesty by no meanes would permit the same . * i understand ( said he ) that i have many good subjects in that towne , who are inhabitants there , and i had rather spare the lives of an hundred rebells , then venture the hurting one of them ; wherefore sure if it be medesty , to accuse the sun of darkness , or piety it selfe of wickedness , then these annotators are wonderfull modest men . . they accuse him most plentifully of those things whereof themselves are most guilty , they lay their owne faults to his charge : as corah and his companions dealt with moses , as ahab dealt with elias , and as nero with the christians ; so doe these men with their soveraigne ; was there ever in any age , read or heard of grander hypocrites , greater deceivers , oppressours , scorners , more cruell , tyrannicall , or trecherous persons , greater oath or covenant breakers , then these men are , who now oppose their king ? and yet in their superlative modesty , they are pleased to calumniate & burden him with these conditions . nay , that one charge of theirs upon the king , pag. . which they call stirring rumours about his mother : may make all englishmen stand amazed at their impudency , for all that had ears to hear , and lived neer london , can witness how publikely base , and villainous they were in their scandalous inventions and designes , against the honour of that our disseised queen ; as well as against her that is now living : and because his majesty complaines of this their transcendent villany in a private letter unto the danish king , ( who was interessed with him in the wrong ) these diabolicall wretches are so impudent as to publish this private letter , and then to tax him , as if he thereby had raised that rumour , which themselves , i say , first contrived , and now have the . time divulged onely to vex his spirit : now if this be modesty , then potiphars wife was a modest woman , for accusing joseph of incontinency ; & satan himself was a modest creature in his charging job with blasphemy : nor need any wonder , that these royall ladies , should fall under the lash of these mens defaming tongues , for t is well knowne , that the blessed virgin mary her selfe ( by diverse of their crue ) hath been used in the same manner : so that in this , those two queenes are but fellow-sufferers with christs mother . and thus we have seen a glimpse of that perspicuity and modesty which is gloryed to be in these annotations , we shall perceive more thereof anon : surely had it been of any other sort or kinde , then what it is , they could never have been so confident as they are , that all mankind shall be injurious , and doe them wrong , if they fail to commend of them , such perspicuity , and such modesty , is in very deed the foundation of such confidence . but what doe they tell us in the next words ? indeed ( say they ) most of all the main circumstances , want no illustration at all , to the most vulgar capacities , and therefore we affirme nothing necessary to be beleeved : but what the printed papers will themselves utter in their own language . could any men in the world speake more effectually , to perswade us all to be of their opinion ? polus in the spectrum of erasmus did never act his part better . he faigning that he saw a strange sight in the skie , did by his expressions so well set it forth , and demonstrate it by his words and fingers , unto the other spectatours , that every of them at last , one after another , lest they should seeme to be parum oculati dim-sighted , adfirmârant se quoque videre , said that they saw it too , and just as he had described it : pudebat enim non videre quod tam esset perspicuum , ( as the story goes ) they were ashamed not to be thought to see , what he said was so easie to be seen : even so these men , having told us a pretty tale , of a certain spectrum of modesty and perspicuity in their own annotations ; they affirm it is so evident to every eye , that it needs no illustration : yea and what ever they say upon the kings papers , is so manifestly true , that the papers themselves doe speak the same , even to the easiest capacityes . wherefore they hope , unlesse people will yeeld themselves , fooles and blockheads , such as have no understanding to perceive , what they read ; they will all ( out of hand ) be of their opinion , and speak just as they do : for it may be a great shame to any body , not to observe that , which these say is so perspicuous : nor indeed will it be safe , for any that resolve to sleep in a whole skin , not to be perswaded of this matter , for it is concluded , by those of that side , to kill , slay , and destroy , at least to banish , and turn out naked , as men wilfull in enmity , beyond the help of miracles and revelations , all such as are contrary minded unto themselves . but suppose any body should be so impertinent , as to desire a further testimony , of what they would have beleeved of the king , then these papers doe afford ? why these publishers tell us , for our further satisfaction , ( but we must take their bare word ) that they have , ( in some by-corner sure ) more papers , then yet they have made shew of : their words to this purpose , are these that follow . and yet for that which is not so clearly warranted here , we have other papers for their warrant , were they not so numerous and vast , and too much intermixed with other matters of no pertinence , for publication at this time . the reasons why they do not produce their full store , we perceive are two , . the overflowings of their own modesty & civility , they will not weary their readers , with things so numerous and so vast. . their predence and discretion ; there is too great an intermixtion of other matters , of no pertinence for publication at this time : for haply it is of such matters , as would clearly evidence to the abused world , so much of the kings goodnesse , as could not possibly be clouded , and darkened with their spightfull glosses , which would rather oppose then further their present purpose : for ( indeed ) should the kings gratious disposition be fully known unto his people , they would be all more sensible of the wrong he suffers , and so perhaps the men of westminster , might be forced to yeeld up into his hands again , his sword and crown , and be made to return into the order of their predecessours , the parliament-men in former times , which to do as yet they have no intention . the way to maintain their own reputation , is to defame the king ; to keep themselves up , is to keep him down . in a troubled state all discontented persons , ( whereof the land is ful ) do naturally draw to the grieved party , even as humours in the body to a sore place ; wherefore if all the people of this nation , ( who have been wronged , peeled , and oppressed , by these mens meanes , since power hath been in their hands ) were but well certified of the kings candour , they would all with one accord , ( in consideration of those unexpressible abuses offered unto him ) unite themselves in his behalf , & joyn with him against them . therefore it is great wisdome in these men , and their masters , to do as they doe ; and to conceal that which might hurt themselves if known . it may easily be gathered , from what they have said and shewn , that if they had any thing else , which could have been wrested possibly against the king , the world should have been made acquainted with that too : but because what remaines in their hands is intermixt with other matter of no pertinence for publication at this time , therefore it is thought fit to conceale the same , lest otherwise they should have played the fools , and done a prejudice unto themselves . and thus we have seen their answer to the second objection , which they conceive may be made against their annotations ; now we shall heare what they say to the third , their words are these : touching the last objection : if thou art a perfect malignant , and dost not stick to deny , that there is any thing in these letters , unbeseeming a prince , who professes himself defender of the true faith , a tender father of his country , and has been so sanctimoniously ingaged with frequent speciall vows of affection , candour , sincerity , and constancy , to his particular protestant subjects of england , and scotland ; then know that thou art sacarce worthy of any reply , or satisfaction in this point . sect . xi . . censuring superiors unlawfull , why the enemies must continue to slander the king : how easie a thing it is to deprave the best writings . . of the kings integrity and goodnesse , and of englands happinesse under him. . the main particulars of offence under his government nominated ; no just matter of blame from them can now be objected to his majesty . our saviour in the gospell forbids us to judge our equals , we are confident : therefore he will never approve of us , if we take upon us to sentence our superiours ; yea the highest of all , our soveraigne , who is gods immediate servant , and with whom none but he , whose title is , the onely ruler of princes hath to do : what hast thou to do , to censure another mans servant ? ( saies the apostle . ) and saint james assures us , if we be masterly in that kind , we shall thereby increase onely our own damnation . but these men we see , teach us another lesson , for they tell us plainly in effect ; that if we be so nice , and scrupulous , as to give respect to gods word , in things of this nature , if we will not censure our king , as themselves doe , and condemne him too , ( upon their bare testimony ) of doing unbeseemingly , we are perfect malignants ( that is to say ) as compleat devills , as any be in hell : but truly we had rather they should call us malignants for obeying our lord christ , then that christ should call us hypocrites , for our conforming to their example ; as he doth some in the gospell , who were of their conditions ; those that can see a mote at a distance , can worst of all see a beame neer at hand ; ( as the authour of truth and wisdome informes us . ) and we observe in the gospell , how they who could finde so much fault with the son of god , for every thing he said or did , could see nothing amisse in themselves ; no not when it was evidently shewn them ; t is possible there may be such men alive now , that can see a fault in their soveraigne where it is not , and none in themselves , where are great plenty : but for our parts , we affect not to be of their number , our work lies most at home , and there we desire to be imployed : our studies are , to know and practice the subjects duty : the prince his actions , belong not to our inquisition ; we remember the apostles precepts , study to be quiet , and minde your owne businesse : ( which if all men had done , we had had no fighting . ) nay did we see in the king , what they say , ( which we beleeve is not to be seen , ) yet durst we not speak after their fashion , for we have not so learned christ. if we have a warrant in scripture to judge any , it is onely those that censure others , and not them neither , but by their fruits , and in matters of our owne alloy , which concern our own cognizance , and wherein it becomes us to have skill and knowledge ; and indeed upon this ground , we dare boldly say , what ever they tell us of , to be unbeseeming the king in these his letters ; we are certain in their notes upon them , there is nothing to be found , but what is most unbeseeming subjects , and men that professe themselves protestant christians , ( who have been so sanctimoniously ingaged , with frequent speciall vowes of allegeance , and loyalty to their soveraigne , of affection , and duty to his person : ) this we are confident that none ( unless their own dear selves , ) will deny : for their annotations themselves do full loudly utter the same , in their own proper language . nay , we are perswaded the very men of westminster would not deny this , were it not so much to the prejudice of their own safety and reputation to confess it ; both which ( indeed ) are supported for the present , among many people , by this vilifying and slandering the king , insomuch that ( doubtless ) a kind of desperate necessity lyes upon them , to doe , and to countenance such things , as they have done . for ( say thir sinfully-resolved consciences within themselves ) woe would be unto us , if the people whom we have cozened of their wealth and peace , and got ingaged with our selves in this black rebellion , ( under pretence of religion , ) so contrary to christs doctrine , should but at length , have a right apprehension of the kings good spirit and disposition , they would reckon us the veriest villaines upon gods earth : yea they would fall upon us , with one accord , and cut our throats to expiate their own guilt , and to recover peace to themselves and to the whole nation , should they but know in truth , how we have used their sovervigne . wherefore we must be wise in time and look to our selves , suprema tantum nos queant facere securos mala , our onely safety consists in acting the highest evils : we must slight majesty , we must contemne gods image , and bedaube his annointed , with our bitterest inventions ; we must pervert his words , and put the foulest gloss , and construction , that hell can teach us to make , upon all that proceeds from him : and so we shall increase and continue that blinde and ungodly odium , which by our fine policy , we have already wrought in mens hearts against him : imperium iis artibus retinetur quibus partum est , by lying and sland ring his foot-steps , we be began our matchless undertaking , and by the same meanes we must maintain it : the common sort having swallowed down our poyson already , if they be kept strictly to their diet , mithridate-like , may live upon it , and adhere still unto us , untill we have quite destroyed him , whom we hate , with a perfect hatred for those unsatisfiable wrongs , which our selves have done him : yea , and the people will think too , that they doe god good service in their helping of us , specially if we be but succesfull against him ; and also by our following this course , we shall uphold our own dignitie , and retaine the repute of holy , and good men ; all we do will be thought to be done out of zeal against sin , and out of pure love to our countrey ; we shall be looked upon as impartiall men , that will wink at sin in no man ; no not in the king himself : we will persecute and destroy him , ( though he be our common parent , ) rather then suffer sin to abide , and domineere in him : yea we shall be apprehended by the vulgar to be gods speciall favourites , elected , and appointed by him on purpose , to punish the king , and to pull him from his throne , that so christ in us ( the saiuts ) may be set up , and rule in his stead ; and what ever the king suffers at our hands , shall be interpreted , ( by the helpe of our preachers , men fitted for our turns , ) to be gods just judgement upon him , for those very crimes , which we lay to his charge , as perfidiousnesse , and breach of speciall vowes made to us , his protestant subjects of england , and scotland , for so we call our selves , and under that guize we goe covered . no doubt , ( i say ) but the consciences of those i mentioned , have spoken to this purpose within themselves , or else they would confess together with us , that there is nothing in those annotations upon the kings letters , but what is most uncomly , and misbeseeming christian subjects . and truly it is no difficult matter for men resolved , and ingaged by all they care for , ( bodily safety , and worldly reputation , ) to deprave the most innocent writing , and to pick out matter thence to defame the author : julian the apostate , ( these mens elder brother , ) having a deep hatred against christ , did imploy his maliciously-fine braine , against the sacred bible , and took great paines to cull out thence , all shews of errour , or places seemingly contrary to each other , ( which he would formalize to his own purpose ; ) all ambiguous expressions , ( which he would wrest and pervert to the most sinister construction : ) and all obscure places , ( which by a further entangling he would make more dark and cloudy : ) and thus for a season , ( with some men ) he disgraced christ , and his holy religion . now hence we gather , that if one man alone was able ( by the helpe of satan , ) to do thus against the sacred writings of god himselfe : it is no marvail if many of the same rank and spirit , laying their heads together , shall with the like assistance doe thus against the writings of the king , who is but a man : for as we doe not make our king infallible , like as they do the parliament , so we will not put his writings , into the same skale of perfection , wherein they weigh their votes : but this we will say , ( and from their malice against him do firmly beleeve , ) that he is a lesser sinner then other men are : for the more like in degree their spightfulness against him , is to that of the pharisees against christ , the more like unto christ in innocency and holiness , is our soveraigne the object of it : that hatred which is most deep , and deadly ( in such men as these are , ) is alwayes the most unjust . and further too , this we affirm concerning our soveraigne , that of all the kings his predecessours , ( that swayed the english scepter , as he hath done , ) we beleeve him to be the least sinfull ; and we may conclude it , from the pride and fatnesse of these his people , who jessurun-like , have kicked up their heeles against him ; had he not been so good , so milde , so gentle towards them , they had not been so malipert , so proud , so injurious towards him : had he been a wanton edward the fourth , and borrowed a pace the rich citizens monies , and repayed them againe , by lying with their wives ; or had he been a boysterous henry the eighth , and chopt off his subjects heads , in lust and anger ; doubtless he had found much better respect and fairness , both of carriage , and language , from the men and women of this nation : * london had not shut up their gates thus long against him ; had he deserved less love , they would have shewn more feare and reverence to him . no man was ever so perfect , ( christ alone excepted , ) but at some times have been guilty of some obliquities ; which should they all , that were committed through his whole life , be mustered up , and presented in one view , and continuation together , would make him appeare most strangely sinful ; whereas if his life were displayed , in that tenour onely as led , he would haply be an object of admiration , for ●anctity and perfection . these men and their faction , have set nothing of the king to the worlds view , since their unhappy meeting , but his oversights and blemishes , which they have narrowly searched for , throughout his whole life and reigne ; nay they have made use of the ●ins and corruptions of those monopolizing lords and gentlemen , ( who are now right deare unto themselves , and sit amongst them , ) to make the king distastful to his people , they have ▪ bedawbed him , with others crimes , for want of somewhat more proper ; and what have they ( to their utmost ) done thereby , but purposed for an object of scorn and abhorring him , whom god by endowment with principall and choise graces , hath marked out for a ' pattern of honour and imitation to all princes and men . we dare challenge malice her selfe to open her mouth so wide as she can ; and for her better advantage , let her borrow the tongues and pens of these men , to vent her worst of all , and then let her speak out , and tell the world , what personall crimes she can charge the king ▪ withall : nay must she not needs confess , ( if she say any thing , ) that he hath been an example of meekness , temperance , charity , patience , mercy and justice , to all his nobles , and to all his people ? had some of these great ones , now with them , been in these vertues conformable unto him , they had not haply been in that high esteem , wherein they are , at this present amongst them . nay because the libellers , in their height of impudency , doe speake of the king , as if he were not , ( according to his profession , ) a defender of the true faith , a tender father of his country , and sincerely affected to the good of his protestant subjects in england and scotland ; we doe appeale to all the world , to name an age , since england was a nation , wherein the church and faith of christ flourished in such high lustre , and glory : wherein the subjects of this kingdome , of all ranks and degrees , did more abound in wealth and riches ; and wherein those of the true protestant religion , ( which is the religion of truth and peace , of humility and obedience , ) were more countenanced , and favoured , then they have been in his dayes : was there ever so much splendour , bravery , * and abundance in the city ? so much plate and money in the country ; so many pleasant houses , and stately buildings in all places , throughout the land ? was there ever so much feasting and plenty of food among all sorts of people ? so many good garments and cloathes worne , by men and women of all degrees ? so large portions and dowryes given with children in marriage ? were ever the protestant subjects of the kingdome more frequently taught , or better fed ? did they ever in any nation under the sun , injoy more peace and happiness , then they did all the time of his reigne , untill this unhappy parliament turned all things up-side down , and so made us , of all christians in the world , well-nigh the most miserable and disconsolate ? certainly though the parliament ministers * are pleased to cry out in their rethorick , o the affliction , the misery , the wormwood and the gall of those times ! yet posterity in after ages will acknowledge , that the nobility , gentry , clergy , citizens , and common-people of this nation , in the general , did all arrive at the height of earthly happiness , in king charles his time , whilest he alone did sway the english scepter . it is true , there were particular grievances from particular men , both in church and common-wealth , ( and can it be expected otherwise , while we live in this world ? ) and some good men haply , did suffer some hard usage at the hands of evill ; but did the king ever stop his eares at any petition ? did he ever deny justice to any that did require it ? or did he ever harden his heart from shewing mercy , where ere it was needful ? there was perhaps much whispering abroad , and murmuring in corners , but was there alwayes a cause ? mans nature is apt some time to complaine for nothing , even when there is more reason to be thankfull . i will name the main particulars of offence , and let the world judge , what matter of blame , did truly arise from them unto the king. . the bishops were cryed out upon to be too rigorous : but hath not the carriages of that faction , ( which the bishops did oppose ) since they have gotten head , largely acquitted them of that imputation , in the judgement of all wise men ? surely they forefaw the mischief which we all now feel , and did labour ( as became them in their places ) to prevent the same : perhaps every of them did not go the best way to work , nor did use such apt instruments as the case and time required , i justifie no man in all particulars ; and perhaps too , some of us , ( who are now imprisoned , banished , and divested of all we have , by this reforming parliament ) did in those dayes suffer more molestation from some of their unworthy officers , then many of those did , who since that time have been most revengefull . three factious fellows had their ears clipt , by the sentence of the lords in the star-chamber , and were set in the pillory ; and this was exclaimed upon for great cruelty in the bishops , ( because they ( having been abused by them ) did not beg their pardon ; ) but how truly their necks also deserved the h●lter , hath well appeared by the late temper of their spirits ; and the little good use they have made of that their too small , and gentle chastisement . . the star-chamber and high commission were two great eye-sores : for many great and heavy fines , were layd on men , ( for their sins sake ) in those courts , by the kings nobles , and judges ; ( some of whom are now great men with his greatest enemies : ) but how many of those fines did his majesty in his tendernesse and goodnesse afterwards remit , or cause to be mitigated ? and since the people would so have it , he hath now given way , ( even before the act of continuing the parliament ) that those courts should be suppressed , and so be no more offensive . . many people of the kingdome voluntarily departed hence to new-england , and this was pretended persecution , from some who differed in opinion from them ( whom they called their antichristian enemies : ) but now t is plainly apparent , ( by that spirit which stayed behind in some of their fellowes ) that the true cause of their departure was only pride . in themselves , cesar-like they could allow of no superiour , either in church or state , no bishop , no king : ( perhaps , some of them might have tender consciences through weaknesse or mis-information ; and some of the plainer sort might be honest men , and went for company with the rest they knew not whither , in the simplicity of their spirits . ) but t is well known , they had all the countenance of the king and councell , to further them in the voyage and plantation ; they carryed their wealth and goods with them , and had supply of relief sent them , continually from this kingdome afterward , untill this warre caused the returne of many of them , to help forward the destruction of their native soile and country . indeed some are of opinion , that they went to new-england , only to learn and inure themselves to shed mans bloud , ( we hear of few of the heathens converted by them , but of many masacred : ) and by accustoming themselves to slaughter infidells , they have learned without scruple to murder christians , & are better proficients then the spaniards themselves , in destroying those of their own nation and religion . but ( as was said ) when they went first from hence , they were suffered to carry their wealth with them ; they were not used as they and their faction use us , who now suffer at their hands , for our conscience and the gospell sake : they take away all our goods , make us beggars , and then afterward , if they do not murder us , or starve us in prison , they banish us into strange and desolate places , with scarce cloaths on our backs to seek our fortunes . . great complaints also there was of monopolies ; people payed an halfpenny more for a thousand of pins , then they were wont to doe ; and almost half a farding more , for a pound of sope and starch then in former times , when money was not so plentifull and such like heavy grievances did mightily oppresse them ; and made them weary of the kings government , because he did permit of such things . and yet the excize upon bread and beer , and flesh and cloathes , and such like things as are sold in the market for mans use , or spent in families , was not then set up : the * monopolizers durst not be so detrimental to the poor subjects of this kingdom , while the king had the sole power in his hands : but since they got to be members and favourites of the parliament , they with their fellowes , have ( epimetheus-like ) opened this pandor●'s box , and let loose amongst us all those dutch miseries ; and ( they say ) the people are content to have it so ; though perhaps when they have been pilled or milked a few yeares longger , by these new-state men , it will be confessed that the old government , ( viz. that of the king ) was far the better and the more easie . . but the greatest complaint of all , was ship-money , ship-mony , o that was a grievous burden indeed , not to be stood under , ( for a twentieth part , a fift part , weekly contributions , billetting of souldiers , seizing on rents , plundring of houses , cutting of throats , ravishing of women , deflowring of virgins , and such like matters were not yet in fashion , nor yet felt or known by the people of the kingdome ; and therefore ship-mony that was the great grievance . ) but was not ship-mony disputed and judged legall before his majesty did require it ? and when he had received it , did he spend it in luxury upon himself , or unprofitably to the damage of his subjects ? was it not imployed for the dignity and preservation of the nation ? were not the ships ( built therewith ) the strength of the kingdome ? were we not by meanes of them , become formidable to all about us ? surely from hence it was , that our merchants sailed with more freedom at sea ; and their factors did negociate with more success and regard abroad ; hence it was that the inhabitants by the sea coasts , slept more securely in their beds , the worshipers of mahomet durst not revell so neere them , nor venture to steal their children from them , * as alas , of late dayes they have done : in a word , by the meanes of those ships , ( had they still continued under the kings command ) all our poor christian brethren had been pulled ere this , out of bondage and slavery from turkish dens , ( through gods assistance ) as diverse of them before had been : yea , and ( as was noted before ) all the people of this kingdome had been interested in that so pious and christian a work , by such their contributions of ship-money : yet this was it they called their great grievance . and thus i have shewn in brief , the main things , for which the king was clamoured against at large : now let all the world speak , whether the church and state were unhappy under his government , whether in the whole course of his reigne , he hath not approved himself a defender of the true faith , a tender father of his country , and sincerely affected to his protestant subjects : and whether these men be not highly ingratefull both to god and him , for their suggesting the contrary . but ( say they ) in these letters are things unbeseeming a prince who professeth himselfe to be such a defender , such a father , and so affected , and a perfect malignant they pronounce him to be , that denieth this or cannot see it . sect . xii . . the adversaries industry to find somewhat unbeseeming the king in his letters . . certaine christian considerations propounded to the readers evidencing them to be free from any such matter . . of the adversaries pertinacy in their rebellious way ; their endeavours that their kings promises might neither be beleeved nor performed . to which we answer and say , that were the king but an ordinary man , and did we observe such things in his letters as they pretend ; yet remembring the benefits enjoyed by him , the personall vertues , shining in him , throughout the time of his prosperity , we should think it disagreeing both from christianity and humanity to publish such our observations against him , in his adversity . but considering him withall to be●our king , our soveraigne , we are confident , ( if we did see any thing unbeseeming ) that we are not bound to say we saw it : or to tell others of it ; nor doe we indeed hold it lawfull , but rather to hide it , or to make the best of it . apelles was not bound openly to paint alexanders skar , it was allowable for him , to lay his finger on it : nor was that other painter obliged plainly to paint alphonsus wry necked , it was lawfull for him to make it so , as if he were looking up to heaven ; for alexander , and alphonsus were both kings , and so is charles , and by gods grace shall still continue so to be , in despight of all opposers . but in our view of these his letters , we finde that which we conceived might have made their hopes desperate of doing his majesty hurt by their publication of them : and surely ( we think ) had not their confidence been great in that strong infection , which they suppose their own notes upon them , doe carry with them ; the world had never seen them : for whereas heretofore , their endeavours were , to darken , and disparage the intellectuall vertues of their soveraigne , ( and peradventure his majesties easiness at first , in beleeving them to be honest men , upon their religious pretences and protestations , gave too great a furtherance to that designe , david upon like grounds was so deceived in achitophel . ) but now these his letters have quite dampt that business , for they discover in him such strength of judgement , such abilities of minde , and dexterity of parts , that we are confident in this their divulging of them , an everlasting check is given to that malignant accusation . and now his morall vertues onely are the objects of their spleene , which by their tongues and pens , they hope to blemish and defile , and from these his letters , they hope somewhat may be made use of to their assistance . but what that somewhat is , will be seen hereafter : in the mean time , i shall be bold to propose a word of advice to the readers of these letters , to be observed by them in their perusall of them : for as my duty doth constraine me to defend my soveraigne , so my conscience and charity doth perswade me to advise my brethren , for their good : though i know the enemies think to scare me and all men else , with the name of malignants for performing either : these men in their impudent notes have one speciall passage , ( amongst others , ) to this purpose , ( page . ) their words are these , the king wil declare nothing in favour of his parliament , so long as he can find a party to maintain him in his opposition , nor perform any thing , which he hath declared , so long as he can find a sufficient party to excuse him for it . we guess to what purpose this is spoken , viz. to intimate that all such , who ( out of conscience or duty ) shal indevour to vindicate the king from their unjust caluminations , and to preserve people from their snares , shal be accounted maintainers of opposition , and excusers of sin ; and as such persons they intend either secretly , or publickly to murder and massacre them : but we hope , ( through gods good grace ) that neither their tongues nor their swords , shal ever terrifie us from discharging our consciences : and we are confident that our god , whom we serve , who is the god of peace and truth , wil witness for us , that we neither delight in maintaining strife , nor yet in excusing sin . and for this advise which shal be propounded , let the readers examine it , by the gospel , and if it be not agreeable unto that , let no man follow it , or regard it : it is this , if they meet in these letters with any thing , which ( in their apprehensions ) seems to speak a failing on his majesties part , in performing what he had formerly promised , ( which indeed is one main thing that these king-accusers labour to fasten upon the readers faith ) before they imitate these his enemies , and passe a sentence peremptory , and condemnatory against their soveraigne , let them but consider of these three particulars . . whether the king was able to keep his word , in those things wherin he is apprehended to have failed ? whether the cause of that failing , was not rather lack of power , then want of wil ? and whether his dis●oyal subjects , ( who are most apt to accuse him ) were not they that robbed him of his power , and on set purpose , do stil detain it from him ? our observation of them hath been this , they wanting matter to make their king odious to the world , ( as they desire he should be ) did labour all they could to disable him , from doing as he had said and purposed ; that so they might ( upon his failing ) have some pretence , to tel the people , he was perfidious , and a promise-breaker . . whether the kings promises when first made , were not intended performable only upon the condition of their faith and obedience , who now tax him ; and whether they have performed their duties in those particulars : we conceive that as gods promises , so the kings , are made upon such supposals . if ye be willing and obedient , ( saies god ) ye shal eat the good of the land ; but if ye refuse and rebel , ye shal be devoured by the sword : and again , the lord wil be with you , while you be with him , but if ye forsake him , and walk contrary unto him , he wil forsake you , and walk contrary unto you . if the kings promises should be more absolute then gods , they might be sinful ; and so a sin , to keep them , though he had power : beside , faith and obedience doth not only make people capable of the thing promised , but doth also inable the party promising to make his intended goodness manifest . it is said that christ could do no mighty works , ( in a certain place ) because of the peoples unbelief . did mens unbelief weaken christs hands , and can it strengthen those of the king ? i conceive no man can justly tax the king of any breaches in this kind , unless they can shew , that his promises were absolute , and notwithstanding their continuation in rebellion and opposition against him ; or at least can name some one particular of them , ( for which they took his word and waited on him , in the way of obedience ) which he did not perform to the uttermost of his power . . whether those men ( who take such pains to have the king , accounted it in the world a promise-breaker ) be themselves free from the same crime ; whether they have been precise , and punctual , in keeping all their oaths , promises , and protestations made unto the king : if not , it may be suspected that their policy , is greater then their honesty ; and that they hope to cloud their own fault , by means of this dust which they raise against the king ; as conceiving that men wil not be so uncivil , as to think them guilty of that which with so much mouth , and fieriness of spirit , they censure in the king. and yet ( verily ) many are of opinion , that it cannot be shewn , from any story , that there was ever a like pack of perfidious wretches , under the cope of heaven , professing the christian protestant religion , that have broken more oaths of allegeance , bonds of obedience , and protestations of loyalty then these have done . again , i do further advise the readers , that if ( from any passages in these letters ) they shal conceive , they see in the king some failing , concerning his trust , and dependance on god ; that he doth not so totally cast himself upon his strength and providence , as in their thoughts , it be seemeth the anointed of the lord ; and as at the beginning of his troubles he resolved to do , but seems to look out for other helps , as of forreiners , and people of another religion , which ( in their apprehensions ) is not so proper for him ( a protestant prince ) to make use of : yet before they passe a rigorous censure against him , ( after the manner of these men ) let them also consider of these three particulars . . that the king is in the state of mortality , and so hath frailties in him as wel as others : nor was it ever known , that faith was at all times alike strong , and lively in the best believers ; somtime they have relied wholy upon god : but somtimes again they have been ful of doubtings , specially when afflictions have bin hard upon them , and god seemed to stand afar off . david at some time thought that god had quite cast him off , and forgotten him ; though somtime again , he could say , that god was his salvation ; and when peter that great apostle felt himself sinking , his faith failed him : now considering how tedious , bitter , and heavy the kings afflictions have bin , we ( who are more frail ) should rather magnifie and admire the strength of gods grace in him ; that hath supported him so far , and so long , then condemn him for his weakness ; the best of us , ( perhaps ) had despaired , and bin distracted or dead long ere this , under the like continuance of a far lesse burden . . that necessity is a tyrant , and forceth men beyond their wils , and purposed inclinations , and therfore seneca wel , magnum imbecillitatis nostrae patrocinium necessitas , quae omnem legem frangit , it breaks all laws , and resolutions , and thrusts a man with a kind of authority into by-paths : it did david , when ( notwithstanding gods particular promise to settle him in the throne of the kingdom , and after a large and frequent experience of gods delivering him from sauls rage ) he said , i shal one day perish by the hand of saul ; and thereupon used ( that which is now counted an indirect mean ) for his preservation , the help of forreiners , and men of another religion : he sought protection from achish king of gath ; and indeed behaved himself in his court ( being there also put to his shifts ) somwhat unseemly . and so abraham notwithstanding god had promised him his special guard , wherupon he had the more reason to be confident , and to depend upon him , yet being in a strait , to save his life , used an undirect mean two several times , and hazarded the loss of his wives honour . our king hath had no such personal and special promises of gods preservation , as those holy men had , therfore if he had bin so weak in faith , ( as some wil happily apprehend him ) yet had he shewn himself therein , but the son of david , the son of abraham . it would doubtless better become the best of us , to pray with the psalmist , let not the rod of the wicked , lie alway upon the back of the righteous , lest the righteous put forth his hand unto wickedness ; then to condemn or censure a righteous prince , for his putting forth his hand for forrein help , in a cause of this nature , when he is in danger to be deprived both of life and kingdom : but more of this hereafter . . let it be remembred how highly guilty of hiring , and impolying forrein aid , these his accusers with their faction are , who oppose his majesty : notwithstanding that great strength of ships , arms , wealth and men , which are at home under their command , they have the aid of all men , whomsoever they can get or hire , to help them in spoyling the king , they called in the scottish nation to this purpose , and it is wel known by divers where * neer thirty of their men being at once taken together prisoners , were found upon examination to be of six several nations , and all papists : wherfore then , may not the king fight with his enemies at their own weapons , and oppose strangers to strangers , papists to papists ? is it so great a sin in him to use such men , and are they no whit to be blamed for the same thing ? may not he with as much dependance upon god , do in his necessity , what they do in the midst of plenty ? may they imploy forrein aid to thrust him out of his inheritance , and may not he with as good leave make use of the like , to keep the possession of what god hath given him ? surely upon this consideration , if the king for his part , be worthy of censure , they also deserve a portion of the same condemnation : no honest man but is of this judgment . this is that advice which i propound to the indifferent readers ; and which i conceive to be most agreeable to christs gospel : if they now please to follow it , they may ( through gods blessing ) not only be kept out of a sinful path , but also have better satisfaction , in the matter discoursed upon , then they are likely to receive from these annotators , whom i write against ; for these high-boys say plainly , that all such who are not of their opinion , are perfect malignants , and not worthy of any reply or satisfaction , at all in this point , viz. at their hands . and they further proceed , saying , our cause is stil the same , as it was when the king first took arms , and as it was when the king made most of these oaths and professions . our three propositions concerning the abolition of episcopacy , the setling the militia of the three kingdoms in good hands , by the advise of parliament , the vindication of the irish rebels being all our main demands at the treaty in february last , and no other then the propositions sent in june . before any stroak struck wil bear us witness , that we rather have straitned , then enlarged our complaints . but were our case altered , as it is not , or were we worse rebels then formerly , &c. these words are added to evidence their former , and the argument in them stands thus , if our cause be stil the same as at the beginning , and our selves as bad rebels as we were at first , then the king is such a one as we do repute him , or would have him believed to be , and those that think better of him are perfect malignants , and as unworthy of future satisfaction , as we judge them ; but our cause is stil the same , as it was at the first , and we are as bad rebels as at the beginning , ergo. the minor in this syllogisme we shal easily grant : but did we not understand how unworthy we are in their account of any reply , we should be bold to deny the major : for we conceive not , how either the unalterableness of their cause , or their persistency in maintaining it , can prove the king ( who opposeth both it and them ) to be as they report him . indeed if their reports of him were of a clean contrary nature to what they are , the argument might wel stand , for the longer he perseveres to resist rebellion , and rebellious men , the more fully doth he approve himself according to his title and profession , the defender of the true faith , and a tender father of his country ; for the continuance of their cause , and of them in their way , speaks a continuance , if not an increase of their strength , and this must needs infer a decrease of the kings power , because what they have is taken from him : and the kings weakness affords an opportunity of shewing his own true worth . he being debarred of outward assistance and supportments , is separated from that , which makes disfigured monsters look handsomly . patience is a more substantial virtue then temperance , and he that endures famishing without alteration , hath more virtue , then he that comes from a feast without a surfeit . but i wil not spend words to them that list not to reply , wherfore desiring all men to observe the simpleness and insufficiency of their argument , for the proof of what they would have it ; i shal shew the reason why their cause is stil the same as at the beginning , when the king first took up arms in his own defence . it is ( in a word ) because themselves are stil the same . trait●rs , heady , high-minded , lovers of themselves , ( of their own lusts and wils ) more then of god , their king and country ; nor indeed , can men ever love , where they have cause to fear : they must stil mistrust , without all hope of reconciling whom they have injured beyond all remedy of amends ; injuriam qui tulit oblivisci potest , qui fecit nunquam ; though the king in his goodness may forgive , yet they in their guiltiness cannot believe : and therfore they are stil the same men , and their cause is stil the same . besides , they have entang●ed themselves in such a labyrinth of mischiefs , as ( in their own apprehensions ) they have no place left of acknowledging their error , without a total ruine , both of their estates and persons , therfore also having learned the wisdome of spes quisque sibi , & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they are stil the same men , and their cause is stil the same . and moreover too , should they deny themselves in the least particular , or retract an hairs breadth from their first position , what a jealousie might it breed in peoples heads of their infallibility ? how easily might those whom they have led all this while on the blind side , suspect them also erronious in other matters ? and so might they come to be despised in those minds , wherin hitherto they have been enshrined with all devotions . peoples love is commonly according to their hope , it grows and fades with it ; therfore should their hopes in these new state-men begin to fail , their love towards them might fail too ; yea , and perhaps be turned into hatred of them ; and so people returning to their former loyalty , might force those grand imposters ( that have seduced them ) to yeild up the militia to its right owner , and betake themselves to the due order of their predecessours in former parliaments , which to do , as yet they have no intention , and therfore are stil the same men , and their cause is stil the same , as at the first , when they forced their soveraign in his own defence , to make use of those few arms his friends brought him , even to maintaine that breath , which god had given him . at which time to disswade ( if possible ) from this un natural war , which he saw they did intend , ( and foresaw , would be destructive to his poor subjects ) the king endevoured to heal their ulcered minds with all princely favours , and true shews of trust ; to which purpose , he made many of those promises , which they reckon up ( in a reproachful way , as not performed by him ) at the end of their notes ; and wanting other means to manifest further the reality of his heart , in those his professions , ( they having robbed him of all his power ) he did for their very sakes , ( that they might have the more assured confidence ) confirm his promises with an oath ; but they being otherwise resolved ( as now appears ) would themselves believe neither ; nor would they ( so much as in them lay ) suffer any others to credit any thing which the king did say or swear . how many loyally disposed ministers did they imprison , and take their livings from , only for endevouring to make their soveraigns honest mind known unto his subjects , by publishing his declarations ( upon his command ) to that purpose ? and how many times also did themselves set forth perverse notes , and contradictory glosses , upon the kings books , that so the people might learn from them , to misconstrue his sincere and good intentions . indeed because they were but new state-men , many of us thought it rather an ignorance in them of wars miseries , then any resolved purpose of acting nero , in destroying their own mother church and nation , which caused them at first to take up arms ; for though an easie capacity might foresee that they could do nothing by such an enterprise , but increase their own sins , and the sins of the kingdom ; yet we were willing to lend what charity we could to the worst handed undertaking ; but their persistency in their savage course makes us now fear , that even ahab-like they strook at first of all , a covenant with hel it self , and sold themselves to work wickedness . but ( alas , alas ! ) besides their losse of christ and god , what wil they purchase hereby to themselves ? not the titles of fathers of their country , as they might have done , had they behaved themselves accordingly , and believed their soveraign : but masters of a slaughtery wil they be called , because they delight so much in the slaughtery of mankind : posterity wil judge them to have bin satans darlings in their generation : the fore-men of his shop , whom he imployed to act his most glorious stratagems , his generosa scelera , his choicest villanies ; his divina mysteria iniquitatis , his divine mysteries of iniquity : indeed they have ( manasseh-like ) filled the nation with innocent bloud , and made the whole land a very acheldama or field therof : and oh that it would please the judge of all the world to deal with them , as he did with that manasseh , bring them into bonds and chains , that so if possible they might be humbled , as he was , before they go hence and be no more ; but i return to them . it is yeilded ( as they see ) that 't was the truth they spake , when they said , their cause was stil the same , as when the king first took arms , and as when he made most of his oaths and professions . and so in like sort is our god the same stil , as when the king was first at nottingham , and there set up his standerd : but they tel us further , to their former purpose , that their demands at the treaty in february , were no other then those sent in june , . before any stroke struck . which argument they repeat over the second time , in the . page of their notes , to the same end also ; our demands ( say they ) at uxbridge in february . were the very same as they were in june . ( indeed they are as bold , as high , as unreasonable to the full : ergo , ( say they , ) the king hath no reason to look upon us now , any otherwise then as he did then . all this is very true ; who denyes it ? these men ( sure ) love to dispute with their own shadows : the king had cause to look upon them then , as he doth now ; though now he hath cause to express himself further against them , then he did then : it is the course which god himself takes when people rebell against him : he endeauours at first to reduce them by promises , and allurements unto obedience ; but if they slight , and contemn these , and oppose him the more for his lenity and goodness , he then useth to express himself with more wrath and severity against them , and hath reason for it , we doe not apprehend that the king can transgress , ( whatever these wise men say , ) so long as he walks in the way of god ; though he did not call them by their proper name at first , yet now he may . but for this their argument , which they seeme ( by their often use of it ) to be so proud of ; had they any true touch or tast of christianity in them , they would blush to use it . the propositions are the same now as they were two or three years agoe ; scil●ful as high , full as unreasonable ; and is this to their commendation ? is it to their praise , that the shedding of so much christian bloud , hath wrought no remorse at all in them ? no obedience at all to gods word , ( which commands , if possible , to live peaceably with all men ? ) no submission to their king , who hath so often wooed them with the tenders of mercy , and pardon to be quiet ? no humanity , no piety to their poor native countrey , that lyes a bleeding to destruction ? is this a matter to be gloryed in now , that they are still as stiffe as ever ? as far from practicing the first lesson in christs schoole , ( the point of self-denyall , ) as if they had never heard one word of christianity ? surely this their glory will one day be their shame ; and god grant it may so be , before the great day , that then ( if possible ) they may find mercy . truely this their impenitency , and hardnesse of heart , may afford us great matter of admiration ; that neither all the bloud that is shed , nor gods protection of the kings person among so many treasons and dangers ; from their malice , and against such multitudes of men , who both by secret treacheryes , open hostilityes , foul mouthes , black pens , and bloudy hands , have endeavoured his ruine : nor yet those remarkable judgements , upon brook , hampden , and hotham , three of the first instruments of motion in this rebellion ; together with many other notable accidents of gods providence upon many other of their associates : * i say it may well be matter of amazement to us , that none of these things have been able to worke any touch of conscience , or alteration unto good in them ; pray god ( therefore ) they be not given up to a reprobate sense , and that the seal of damnation be not set upon them . indeed ( they say ) they have rather straitned then enlarged their complaint , ( of which this their libellous , and defamatory book is a sufficient witnesse ) their propositions also they have straitned from , to . but it is proportione arithmeticâ non geometricâ , for these three containe in them fully as much as those , and more if possible . well , but what be these . propositions which they now stick so close unto ? themselves say , they are these in their order . the first concernes the abolition of episcopacy , ( or pulling down of the church . ) the second concerns the settling the militia of the kingdome in good hands by the advice of the parliament , ( or the pulling down of the kingdome , or kingly state . ) the third concernes the vindication of the irish rebells , ( or the full completion of a perfect babell . ) indeed the method is rightly suted , for the restauration of a chaos . first down with a well governed church , then with a wel - ordered state , and then a butcherly confusion follows presently , not onely in one , but in all places . but i shall take the boldness to make a few queres about the particulars . sect . xiii . . of their propositions at uxbridge : foure pretences for their abolition of episcopacy . . four true reasons of that their sinfull request . . why the abolition of episcopacy ? was not their pretence and promise at first to make the church glorious , and according to the pattern of primitive times ? and was not the church then governed by bishops ? was not the doctrine and discipline of this particular church , settled here in king edwards dayes by bishops , ( who sealed the same afterward with their bloud ? ) and hath ever any particular nationall church so flourished , as this hath here done under that government ? did the first establishers of any other ecclesiasticall discipline , ever give so reall and substanciall a testimony of confirmation as these did , to what they had in this kind done ? or was their work ever approved with a like measure of gods blessing ? hath ever any one church since the ascension of our saviour , brought forth in four-score years space , so many learned men , defenders of verity , and oppugners of antichristianity ? so many able preachers and expounders of holy writ ? so many knowing christians , and well gifted people of all sorts , as the church of england hath done , under the government of episcopacy ? and must it now be abolished in all haste ? for what causes i pray ? pretences they have , which we will first consider on ; and their true reasons afterward . . they say , because t is impious , unlawfull and antichristian : were then those martyr bishops , cranmer , ridly , hooper , latimer , farrer , all antichristian ? were jewell , downam , andrews , abbot , king , and many others of that order , ( that writ against antichrist ) all themselves antichristian ? must gods wisdome now receive a check for suffering his church to flourish thus long under a government antichristian ? will this new generation undertake to teach the almighty also , to rule his flock and family , ( better then he hath hitherto done ) by their abolition of episcopacy ? indeed some of them have taught , that hierarchie it self was antichrist , though scripture speaking of antichrist , calls him a man of sin ; not a sinful order , ( if hierarchy were any such thing ) but no marvail that those who think they can teach god himself , do take upon them to contradict the scripture . o but ( say they ) the romish religion is antichristian , and the government of that church is by episcopacy : and yet this government is more ancient then that religion ( as now professed ) and therefore that religion cannot make it antichristian : nor is that church antichristian because of that government ; but rather because the precepts of men there , ( like our ordinances of parliament here ) are preferred before the word of god. the bishops there are called antichristian , because ( like our men of westminster ) they are such abrogators of , and such dispensers with gods lawes , and such tyrannous exactors and importuners of their owne : because ( like them ) they are ( or have been at least some of them ) so treacherous in their pretences , so barbarous in their executions , so contrary in their doings , to the meek and milde doctrine of christs gospell , breathing forth cruelty , fire and sword against those that are not of their own opinion , though no otherwise offending them , then in their desiring to amend them : because they are in their conditions , so like unto those that would from amongst us abolish episcopacy , therefore are the bishops in the romish church called antichristian , and for no other reason . their second argument or pretence why episcopacy must be abolished , is , because ( say they ) all other reformed churches have abolished bishops , and till we have abolished them too , reformation will not be perfect in this nation . this reason is false ; or were it true , yet the conclusion from it , is most untrue : the churches in denmark , swevia , and poland do retaine episcopacy , after the manner of the greek and russian churches , and those of africk , and the easterne countries . and for those particular churches that have abolished that government , it is first to be enquired , ( before there be a conformity to their practice ) whether therein they have done well , or no , and whether since that time , they have thrived better without it , then we have done that have enjoyed it . if it be remembred , what is recorded to be said , at the meeting at dort to our english divines , by some of them , that were sent thither from those other reformed churches , concerning their own unhappiness , in respect of the want of such an episcopal government as ours was , and concerning our churches felicity in its enjoyment therof ; perhaps it would be concluded , that this similitude aymed at with other churches , is only in misery and imperfections , and that those other so admired churches come short of ours , in perfection of reformation , and not ours of them ; and of this opinion ( doubtless ) were those wise and learned divines of the religion ( as they are called ) in france , who petitioned the cardinal richlieu ( as i have heard credibly reported ) that they might be permitted to have bishops over their congregations ; but he answered , no , for then you would have at least the face of a church among you . that learned gentleman sir edwin sands , tels us in his europae speculum , that the papists are more awed with the reformation of religion in england , then with that in any other country , and have bin ( says he ) more busie in their attempts against our church , as conceiving it to be most perfect of any other , in regard of that peaceable and orderly alteration introduced therein , which was not ( says he ) in a tumultuous headlong way , as was that in other churches , but by the general consent of the prince and realm , representatively assembled in solemn parliament , as also in regard of the continuation of the government by bishops , and vocation of ministers , which the inconsiderate weakness of other churches did not retain , or rather the violent wickedness of profane men , ( coveting the churches possessions ) would not suffer . thus he . but now we have ( amongst our selves ) some above-board , who ( it seemes ) are resolved , though with the destruction of church and kingdome , to free the papists from their ancient dread ; they will have all things here , as they are and have been in other churches : that former orderly reformation , which did so awe the adversary , shall be over-done , and made perfect by an heady tumultuous innovation ; our government by bishops shall be quite abolished even root and branch ; and all the churches revenues shall be imployed to prophane uses ; that so we may be fully conformable to other reformed churches , this is the issue of their second argument . their . pretence to the same purpose is this , bishops must be abolished , because they have been ( specially of late ) such enemies unto , and persecutors of gods people , viz. those of their faction . for ( as if they were all kings of china ) they ingrosse to themselves the title of filios coeli , gods children , heires of heaven , with exclusion of all , that be not of their opinions , i pray god they may prove so at last : but as yet ( sure we are ) their actions proclaim them to be filios inferni rather . the bishops , in regard of their office and place in the church , were bound in conscience , as they would answer it to god and the king , to suppresse schisme , to keep down faction and rebellion , and to punish those that were seditious ; and they apprehending ( from some strange positions vented in pulpits , and from the refractorinesse which they found in some spirits , unto the government established ) that some great mischief was in hatching , did endeavour to hinder the sowing of that seed , which hath brought forth these bitter fruits , which now ( alas ! ) this whole nation feeds upon , and weepes under . now because they would not sleep , and suffer those envious ones to scatter their tares into peoples hearts , so quietly as some desired , therefore they open the mouth against them , as against the enemies and persecutors of gods people . perhaps ( as was said before ) every particular of the bishops might not be so wary and considerate , in the management of what they did , as had they known the event of things they would have been : and perhaps too , they imployed some persons of too course or base an alloy , to act in the businesse , who pulled up wheat and tares together , or peradventure sometime , and in some places the wheat alone , and not the tares at all ; and so the bishops good intendments became scandalous , by the ilnesse of their instruments : but i beleeve now , ( experience hath taught it to all sober men ) that it will be confessed , the bishops were not such great persecutors of gods people , or hunters of christs flocke as was so loudly voyced , but rather good shepheards that endeavoured to keep under those ravenous wolves , who now so much destroy it . ask but the country farmer , and even he will now tell you , that since the abolition of episcopacy , hath been in hand , christs sheep and his , have had but unsafe and unquiet pasturage , in compare with that , which they enjoyed formerly ; and thus have we seen the strength of their . pretence or argument . a . followes and t is this , episcopacy must be abolished , because it hinders the punishment of sinne , in that brotherly way , which suits with christs rule in the gospell , which sayes , if thy brother offend , first , tell him of it in private between him and thee , if he doe not reform , then carry two or three with thee , and admonish him the second time ; if he will not yet hear , then dic ecclesiae , tell it to the church , and make a publike manifestation of his wickedness . but by the abolition of episcopacy , this discipline of christ shall be set up ; mens reputation may be saved , and their monies too , ( which is needlesly spent in bishops courts ) and people may be kept in good awe without charges . so they say : and the warre they have raised to punish delinquents , doth sufficiently discover their brotherly way : but not to insist upon that ; let us consider how well they have begun to put their discipline in execution with particulars . first , in the publication of their so much studyed , and unmannerly remonstrance against the king , they begun their discipline at the wrong end , even at dic ecclesiae , or at dic mundo rather , before they so much as touched upon a first or second admonition : yea , and though his majesty before-hand , by his suppressing offensive courts , and establishing a ●rienniall parliament , had largely testified his resolution of rectifying what was amiss , had the things been true which they charged upon him . and . how ecclesiastically have they dealt with him now also , in their divulging these his letters , whereby they have done their worst to make him accounted an heathen and a publican , without ever so much as the least hint or brotherly admonition before hand . but perhaps they 'l say the king is a singular person , and considering the state of opposition , wherein at this present he stands with them , ( or they with him ; ) he is not worthy or capable of any such respect at their hands . let us consider therefore , how fairly they have proceeded with others , and how according unto discipline . and to this purpose let us but remember one particular which was before mentioned , viz. how at their first meeting , when they took from the bishops power of punishing sinne ; they made a kinde of a publick , o yes , to the whole kingdome , and put the same in print , that none might plead ignorance of it , and sent it into all parts and corners of the land ; whereby they invited all the raskality of the nation , to bring up to westminster all the complaints they would or could against the ministers of jesus ; which were there received with all alacrity and cheerfulness , though never so false or so malitious : and in their open committees , the man in the chaire would give the title of sir , and master at every word to the basest beggerliest villaine , that had but the fore-head to come before them , and act the devills part against his minister : and sometimes also on the other side , he would rattle up and be - sirrah the messenger of the lord , before the rabble ; and all this before any first or second admonition ; yea perhaps , before they knew upon proof whether he were guilty of any fault or no ; onely they saw somewhat written against him in a paper . and then further yet , lest the negligent world , should chance to forget in after-ages , this remarkable act of zeal and discipline in them , concerning the reformation of the clergy : one john white , ( then a choice member of the lower house , though now gone to his proper place ) did make a book , and authorized it his own self , wherein the said presentments ( though never proved ) were transmitted to posterity , and this was his dic ecclesiae . and to the end , that forreigne nations also , as well as the children yet unborne , might the more fully note , and know , the christianity of these abolishers of episcopacy , they authorized in like manner one william prin , ( a dear friend we may be sure of the bishops ) to write an history in two volumes , ( beside his commentary upon the ar●●-bishops note-booke ) wherein all the obliquities of the bishops that were whispered , or could possibly be invented , were at large recorded , which was a dic ecclesiae to the purpose . if prin had made good use of that great reading , which he would the world should thinke him guilty of , he might have remembred that the ancient councells , when they deprived any bishop , never recorded the off●●ce , but buried it in perpetuall silence . or had reason bore any sway in him , though things ●lameworthy had been in the bishops , yet to ascend from their persons , unto their calling , and to draw that into question , he would have judged it high injustice ; but for those his books , i leave him to the torture of his owne conscience : when he writ them , he was ( surely ) in that his tartarean extasie , which his brother john goodwin affirmes him to be sometimes in , and then ( sayes he ) he speaks the dialect of dragons . and ( by the way ) that the world may the better know him , let but the testimony be remembred , which the said learned brother of his , gives publickly of him : since the mountains ( saith he ) * were brought forth and setled , it may probably be thought , that there was never any son of adam , whose pen made a broader digression , from that christian brotherly way , which himself speaks of , then his own ; for look as low as the earth is beneath the heavens , so far is mr. prins way of dealing with his friends beneath that which is christian and brotherly : ( and if so , we cannot suppose him , to deale better with those , whom he accounteth his enemies ) he can spie beares and tigres , lyons and dragons , where other men can see nothing but doves and sheep ; and hath eyes given him to condemn all the world beside of blindnesse ; this is the very testimony which john goodwin one of the parliament ministers giveth to the world of william prin ; and he professeth solemnly withall , that himself can hardly refrain , from taking a solemn vow , and protestation , in the sight of god , angels and men , to have no more to doe with him , either in word or deed , untill he turnes christian : but ( as i said before ) i leave him to the torture of his own conscience , as well as to john goodwins censure , and return to my proper business . i remember the fore-named sir edwin sands in his fore-mentioned discourse , tells us , that when he writ the said book , ( which is above . years ago , ) the papists , ( in their hatred against the church of england ) did give out , that they had a booke in hand of the lives of the ministers of england , viz. of defamation against them : if that booke be not yet out , ( as for ought i know it is not , for want of matter perhaps to make up , or strength to bring forth : ) they may now spare themselves the labour , for john white and william prin by strong authority , have done the work for them ; and with as perfect spight and vilenesse , as the worst of them could possibly have done it . i wish with my soule that dissolute and corrupt ministers , upon sufficient testimony of their guilt , had in a d●e and orderly way , received exemplary punishment , to expiate the scandall and reproach , which by their meanes hath been cast upon our holy office and function : but undoubtedly the course which prin and white have taken , and which these abolishers of bishops , have countenanced them in , is most base and beggerly ; and altogether unworthy ingenuous and true noble spirits : sure , had their delights been , to have soared on high , in the pure and candid paths of verity , they would have disdained in that sort , to have raked in the puddles of obscenity : but in that to their basenesse of discoveryes , they have added injustice too , and suffered malice to prefer , spight to increase , and slander to taint , all that was done in this nature ; they have deservedly purchased to themselves a place , with the grand calumniatour himself , whose title is , the ●●cuser of the brethren . and thus we have seen what their grand pretences are , for their abolition of episcopacy : now we shall note their true reasons which are these , some say , . because episcopall government , confines people , ( as gods word doth ) to the bonds of wedlock , and punisheth those that vitiate themselves in forbidden pathes , by ordering them to stand in a white sheet , or to pay a good sum of money for a commutation : yea some persons of place and note in the world , ( who think it no shame to commit folly , but to be reproved for it ) are liable to suffer rebuke , and so disgrace , ( as they take it ) for their wantonnesse ; if bishops continue still honourable and in esteem amongst us , ( for the outward dignity of the reprover adds much vigour to the reproof with some men : ) wherefore that people might be free , and enjoy their liberty without check or controule , the persons of bishops must be vili●ied , their estates and revenews taken away from them , and their jurisdiction from henceforth quite abolished . indeed it makes all modest men blush to hear what harlottry and filthiness is voiced to be practiced and countenanced ( even by them that would be esteemed the reformers of our church and nation , ) since the courts which punished that sin have been suppressed , ( notwithstanding gods heavy judgements upon the nation ever since ; ) nor must men now speak their minds freely , for feare of being accounted disaffected persons , enemies to the state , and to the priviledges of parliament : but as saint paul said in his time to the corinthians , so i must say ( for i am gods minister ) to those above board in these dayes , i hear there is such f●●nication committed , and such filthyness suffered to goe unpunished amongst you , as is not to be named among saints , much less to be connived at , by them that would be esteemed members of the high and supreame court of justice . it was not thus when episcopacy was in force , nor when bishops had their place in parliament : o might there but come forth an ordinance to warrant and encourage all men to bring in complaints against bawds , panders and harlots , with their abetters and maintainers , ( as there was once to invite all that would , to bring in accusations against gods ministers , ) the world might haply see , or heare some new centuryes of ill livers , yea , and proofs too into the bargain : yea perhaps they might hear how some unworthy members have attempted to ravish and defloure ladies of honour , and no punishment inflicted for the same ; how some others neglected their own wives , have kept divers lewd women , yea , and allow yearely pensions to filthy bawds to furnish them with such commodities , for the satisfying their brutish lusts , and base appetites : how some have defloured young virgins whose parents ( in respect of their abused children ) are unwilling to publish their dishonour to the world : how some , having committed this vile wickedness with young gentle-women , have used , ( or advised ) to meanes to hinder conception , yea and to destroy the fruit in the wombe when conceived , ( which i beleeve in the sight of god is no lesse then rank murder . ) how some ( having undone gentlemen of good quality , by taking away their estates , ) have taken advantage of the poverty of their children , and allured their daughters ( personable and proper women ) unto their own basenesse , to the losse of their honours and precicious soules for ever ; ( and to continue in these courses without controule is thought by many , to be one of the chief designes which divers of these new reformers ayme at ; ) i say , these and many such like things might haply be evinenced to some mens shame ( if they have any left in them , ) might but as free leave and countenance be granted to impeach such persons , as was once to accuse gods ministers : well , some men imagine this to be one reason of the abolition of episcopacy ; that the fathers of gods church might not have power to punish and suppress such kind of offenders . . because episcopacy is the upholder of truth and order : this is evident enough to be another reason : themselves cannot deny , that the same was first ordained & established in the church , for a remedy against heresies , sects , and schismes , ( which even in the primitive times began to spring up among christians ; the smectymnists themselves confesse this ) and also for the maintaining of order and decency in gods worship and service : wherfore truth and order , being the things which these men purpose to suppresse and destroy , ( as appeares by that in-let , which they have given to all false doctrines and teachers , and by that confusion , which they have set up in all places ; ) therefore a necessity lyes upon it , episcopacy must be abolished , as being a main obstruction to that their intendment or undertaking : this is the second . . because episcopacy is a great friend to monarchy , a maine supporter of it . king james upon experience and observation was wont to say , no bishop , no king ; which saying , those that found most fault with it , do now endeavour to make good unto the full , for they intend the utter destruction of monarchy in this kingdome , ( as will appeare by their words anon ) a form of government indeed , which their faction have alway maligned and laboured to destroy : king james in his basilicon doron , pag. . ( which he made before he was king of england ) complaines of the men of this faction , then in scotland , how they did use to calumniate him in their popular sermons , not ( sayes he ) for any evill or vice in me , but because i am a king , which they think the highest evill : and againe , they informed ( saies he ) the people that kings and princes , were naturall enemies to the liberty of the church , and could never patiently beare the yoake of christ , ( which hath been the very doctrine of these times . ) wherefore that wise king was most specially carefull all his dayes , to countenance and establish episcopacy in all his kingdomes ; not onely as the main preserver of religion , but also as the speciall upholder of monarchie ; and he layes it as a charge upon his son , to imitate him therein . and indeed these innovators know full well , that they cannot bring their designes to effect against monarchy , without the abolition of episcopacy ▪ for this keeps downe those unruly fiery spirits of the ministry , which are used as chief incendiaries in all state - combustions ; this restraines them from reproaching their betters , and speaking evill of dignities ; this maintaines that common form of prayer in this church established ; by the use whereof as by a daily sermon of obedience , peoples hearts are seasoned with duty and loyaltie ; in that they are taught continually * to acknowledge god to be the onely ruler of princes , and the kings heart to be in gods hand , who alone must be sought unto , to guide and dispose the same ; in that also we are all taught ( as we are subjects ) daily to consider , that it is gods authority which the king hath ; and that we are faithfully to serve , honour , and humbly obey him in god , and for god , viz. because god hath so commanded , and because he is in gods own stead by his appointment , and ordination over the people . and by many other such like divine and godly expressions , people are taught in their use of that book , to make profession of their duty & loyaltie unto their prince , all which make directly against these men , and their designes ; therefore episcopacy the upholder of this book ( as the main impediment to their project ) down , & the common-prayer book too , without any reason * at all alleadged on their parts , that take upon them to be the abolishers . in a word , episcopacy with her common-prayer book , will not admit treason to stand in the first rank of christian vertues , ( as these new-reformers would have it ) nor be held the fairest , and shortest way to heaven ; ergo , she and that too must be both abolished ; to make way for the downfall of monarchy , in this late most flourishing and happy kingdom : this is the third reason . the . is , because the king at his coronation , did take a solemne oath to maintain episcopacy , it being the government then established in the church ; and the endeavours of these men are not only to destroy the kings honour , by their tongues and pens ; his body and estate by their violence and oppression : but also his soul ( if they can possibly ) by forcing upon him , the guilt of perjury ; which if they could effect , beside that unappeaseable grief , ( which in so tender a conscience as the kings is ) they know they should create , they would also purchase to themselves , an argument for confirmation of those their slanders already cast out against him , to the same purpose , viz. that he is regardlesse of keeping his oath and promise . and besides too , if they can make him their instrument , to ruine the church of god , ( which he loves so dearly ) and to destroy monarchy and kingly government , whereby himself and his posterity are supported : if they can make him their agent to ruine himself , it will speake them admirable gifted , and to have out-gone all the machivillians that ever were before them : most worthy therefore , and fit to enjoy the supremacy in the state , and to be feared of all people . and then further yet , if they can get the king at their motion , to abolish episcopacy , they shall occasion him to break the charge which his father layed upon him to the contrary in his basilicon doron , which he calls his testament : the charge and caveat there given , is in these words : take heed ( my sonne ) of those puritan● which aime ●t a parity , who are the very pests in church and common-wealth , whom no deserts can oblige , no oathes or promises binde , they breathe nothing but calumny and sedition , aspiring without measure , railing without reason , and making their own imaginations ( without warrant of the word ) the square of their conscience . i protest before the great god , ( and since i am here , as upon my testament , t is no place for me to lie in ) that you shall never finde with any hye land or border-theeves , greater ingratitude , more lies , and viler perjuries , then with these phanatick spirits : and suffer not the principals of them to brooke your land , if ye like to sit at rest , except you would keep them for to trye your patience , as socrates did an evill wife . these were the words of the kings father , wherefore should his majesty let these men , with his good will and approbation be principall in the church , and yeild for this purpose , to their desires in abolishing episcopacy ? god ( doubtless ) would be much offended with him , for not minding the commandement of his father : yea , and peradventure too , these his tempters would goe neer afterward , to suggest unto his subjects , ( for they have mouth and fore-head enough to do it ) that the king like his predecessour , edward the second , had neglected to observe his fathers testament , and therefore ( as one under gods curse ) ought meritoriously to be dealt withall , as edward the second was first deposed , and then put to death , and so would they make use of that act of his , in fortifying themselves another way , to do him a further mischief : but god we trust will prevent them , and guide him . and thus we have seen the true reasons of their first proposition concerning abolition of episcopacy : and we hope if his majesty be forced as henry the third was , to subscribe to any thing against his will , he will do as some of the martyrs have don in a like straite ; first of all require of them that urge these unreasonable propositions upon him , ( before he signes them ) to imprecate publikely , and in a solemn manner upon themselves and posterities , all the demerit of guilt and sin , which shall be incurred at gods hand by such a subscription . if their consciences think there be no sinne in the matter , they will easily doe it ; but if they refuse , it will manifestly appear to the whole world that they are most devillishly minded thus to presse the king to things unlawfull . in the next place they require the settling of the militia of the three kingdomes in good hands by advise of parliament . sect . xiiii . . their unreasonablenesse in desiring the militia to be in their sole disposall : four weak and dangerous pretences for it . . four true grounds of this their demand . . how sinfull and dangerous a thing it would be to the church , people , and kingdome if the king should grant it . it is to be noted , the militia not of one , but of three kingdomes ; they must have all or none ; as moses would not leave an h●ofe behinde , with king pharoah ; so these will not leave a weapon with the king. they will have the whole militia of the . whole kingdomes settled ( say they ) in good hands . but what hands are those ? if gentle , peaceable , and religious hands are such ; then was the militia of the kingdome in good hands before , untill by the fraud and violence of these demanders , it was wrested thence : but if by good hands , they mean such as have now griped the same into their possession , god forbid that the king should ever willingly yeild it should be setled there , or that the people of the kingdome should ever consent thereto , for so they might pull the guilt of that innocent bloud , which hath already , and is still likely to be shed by it , ( while so setled ) upon their owne heads . it was alwayes ( till now ) without scruple beleeved , for an undoubted truth , that those hands were the best , which gods word and the law of the land so judged , and committed the militia into ; and those were only the kings , no law common or statute can be shewed , whereby it was ever setled elsewhere ; and in gods word , kings though heathens , are intituled gods sword-bearers , in respect of their office , to execute punishment upon evil doers . in the story of israels government , we read of king sauls selected band , which himselfe alone made choice of : and of davids worthies , and of his appointing captaines over hundreds , and over thousands , the militia it seemes , was in his sole hands then : himselfe made joab the generall of his hoste , and displaced him again at his own pleasure : indeed we know , that the forme of government in the jewish common-wealth , is much slighted and scorned at by our new state-mongers , as weak , unperfect , and unfit for this nation ; the government of heathen rome , is in their judgements the most absolute , and this is that ( say they ) which they aspire after : but we are of opinion that god almighties wisdome is better then theirs is , or then that of the heathens was : and we believe that those state-governments are the only best , and most fit for christians that come neerest unto that , which god himself contrived , and prescribed unto his own people ; and we well remember , when ours here held a neer conformity unto that , we best flourished : nor can we conceive , why the same we had , should be more unsuteable to the nation now , all upon the suddain , then heretofore ; but only because these innovators have at the present unfitted people for gods yoak , by making them rebellious : and for this reason ( it seemes ) we must now forsake the direction of gods word , and of law established , to listen after a certain new advise , from these few men , who call themselves the parliament : who as if all wisdom were lodged in them , must take upon them , to nominate some new good hands to settle the militia of the kingdoms in , for after-times . but we are confident before-hand , they wil ( like him that chose himself pope ) determine only for themselves ; and judge their own hands the best of all others , though , ( alas ! ) the whole kingdom hath felt the contrary , by smarting experience . but may it not be imagined , that men so excessively wise , are ful of reason ? what therfore may the grounds be of this unreasonable demand ? the like to which i never met with in any story : and doubtless should it be granted , the king ( as himself says wel ) should remain but the outside , but the picture , but the sign of a king : for in the militia of the kingdom , consists the kings power , his authority , and to yeild to the setling of this in any hands but his own , were to yeild up his crown it self : his very kingdom . now therfore by what right , or reason , they should claim the kings crown , i cannot imagine ; unless ( perhaps ) they have bargained for that right , which the pope had therunto , by king johns resignation : the story saies , that the king received it back of the pope to hold from thenceforth in fee farm of him , and his successours for the yearly rent of a marks ; now ( perhaps ) upon the kings non-payment of the said rent , they have gotten the popes right conveyed to them , and do bottom this their demand upon it : and that strict intelligence which lenthall the speaker brags that himself keeps with the cardinall mazarine , may peradventure be about the setling of the said conveyance ; but this is a secret , which the people must not know of , or wil not believe , ( nor wil i press it upon them ) and therfore they have other pretences , and say , they demand it . . because those good hands which the parliament wil make choice of to settle the militia in , are sure hands , that is , hands that may be trusted , which wil never part again , with what they have once griped , or laid hold upon ; never a pack of knaves in the world , shal be able to cheat them of their magazines , their ships , their towns , and castles , if once the whole power of the kingdom be at their disposing ; they wil not take mens words , nor believe their oaths , nor credit their honesties as the king hath done : nor wil they be so scrupulous as he hath bin , of giving occasions of suspicion , to his inferior subjects . besides themselves being ( as themselves say ) gods children , have all power and authority , and what ever else is good upon the earth , of right belonging unto them , as their proper inheritance ; though hitherto it hath bin kept from them by usurpers , ( such as kings and princes are , and all others that be not of their faction ) therfore , if now by any means , they can but be stated in their own rights , it is very probable that ▪ they wil see the whole kingdom destroyed rather , then part with the same again , for the israelites did never deliver back the aegyptian jewels , after they had once borrowed them ; nor did they ever resigne to og the king of basan , his kingdom any more , when once they had gotten possession of it : ergo , because these good hands are such sure hands , such hold-fasting hands , they would have the militia setled in them . indeed we do remember that for the space of two seven years before this unhappy parliament did begin , vulgar hearts were seasoned with this doctrine ; that gods people only have a right to the things of this life , and all others ( kings and all ) are but usurpers of what they do enjoy , and therfore may justly be dispossessed of the same , by them who call themselves the people of the lord. but we do not believe this to be a true doctrine , because christ hath said , his kingdom ( or that which properly belongs to his people ) is not of this world ; therfore we conceive the argument , and reason built upon the same ▪ to be neither substantial nor sufficient , but only a bare pretence , to gul the ignorant , and to seduce the simple . . they desire ( as they say ) to have the disposal of the militia , that so they may go through-stitch with their reformation , ( as they call it . ) for ( say they ) it is an hard task we have undertaken , and like to he long in doing , for we shal meet with many rubs , and therfore have need of power to remove obstructions . indeed we grant that rome was not built-in one day , it was many years before she had gained her present height of wickedness ; and before ●he could reach the same , she did wrest the militia , out of the emperours hands , wherby she was able to bring her soveraigns neck under her popes feet , by making him glad to hold the stirrup : and now a like design being here on foot , it must be pursued in a like method ; the militia must first be seised upon ; beside the doctrine of christian obedience , hath bin so long rivetted into peoples hearts , that though it be shrewdly shaken already , by these militia-men , yet it is likely to settle and appear again , unless they have the strength continued in their violent hands , to suppress and keep under the growth therof . and then further too , that publick form and manner of worshipping god , wherin people have bin bred and nourished in the church , hath bin so decent , and reverend ; that this beastly and slovenly way , which these new reformers ( as they call themselves ) would introduce in the room therof , is never like to be wel digested ; and therfore as the papists on the one side , have need of a bloudy inquisition , to uphold their ridiculous fopperies , and superstitious vanities in their worship of god : so these on the other side , have as much need of the militia to maintain , and force their unhandsome carriages , and proud undecencies in their serving of him . but these men pretending to reform a christian church , do they not make use of a wrong instrument ? was the militia of kingdoms ever appointed of god to such an end ? we have always believed that the word was the ordained mean for such a purpose : the sword of christs mouth , and not of mens hands , must both cut sin from christs members , and subdue his enemies . had these men set up a faithful teaching ministry , in all parts of the kingdom , we might have hoped for some good by them ; but as that pope , who cast away his keys , and betook himself to his sword ; so do they betake them to their iron and steel , they desire the militia of the kingdom , with which they persec●te , and destroy the faithful preachers , and this they call reformation . indeed antichrist and mahomet , went this way to work , for the erection of their religions ; and our men coveting and exercising a like power , to a like end , may be truly called their disciples , whom they imitate ; we would fain have them declare unto us , how this course which they take , and which it seems ( by this their desire ) they are resolved to proceed in , can possibly consist with that religion , whose root is truth , whose branches are charity , and whose fruit is good deeds , both towards friends and enemies : we find in micah the lord complaining of some wicked heads of the people , and false prophet , who jugling together did endevour to build up sion with bloud , and jerusalem with iniquity , ( and had got the power and militia into their hands to that purpose ) and that the silly people might think , that god was wel pleased with that their way , they would ( saies the text ) lean upon the lord , and were so impudent as to say , the lord is among us , or on our side : but how did the lord take this at their hands ? it follows in the next verse , for your very sakes ( saies god to them ) sion shal be plowed like a field , and jerusalem shal become heaps , and by those unfit means , wherwith they pretended to build up the same , was brought to pass its destruction . wherfore doubtless this second reason , which is alleaged , to get the militia setled in their hands , is not only weak , but extreamly wicked , and tendeth not to reformation , but to the destruction and ruine of christian religion , and of the nation . thirdly , they pretend it would be for the peoples greater preservation to have the militia of the kingdome setled in their own good hands : for ( say they ) we stand for the people , we are the men whom the people have chosen , and therfore it is most likely , that we shal imploy the strength of the kingdom best , to the peoples safety , which above all things is to be looked unto . thus they speak , and wel have they evidenced their pretended care for us the people , since they got the sword into their hands ; for therwith the first thing they did , for our preservation , was ( mustapha , or mahomet , or amurath-like * to cut off fair irenes head , ( with whom indeed the whole nation had formerly too much wantonized ) and what have they done beside , but often strewed our fields and high-ways , with heaps of mangled carkasses , and filled our channels with the spilt-out bloud of our murdred country-men ? o wo , wo and alas ! they have done that , quod nulla posteritas probet , quod nulla taceat ; what true english heart , without most bitter lamentation , can think or speak of their doings ? what persecution ? what banishment ? what confiscation of goods ? what corporal bondage ? yea , what cruel tortures ? what merciless burnings ? what secret murders ? what publick massacres , have they committed upon the people of this nation ? only because they refused to renounce that truth and loyalty which themselves also once professed , and we stil maintain : truly we have had such an ample experience already of their goodness , in our preservation , that we publickly profess to all the world , we daily find in england , what our poor captive brethren do feel at argier , that there is no such cruel turk as the renegado christian. when the sole power of the sword or militia was in the kings hand , the poor country-men , as wel as the rich and noble , lived in peace , slept securely under his own roof , and without any fear , did eat his bread with gladness : he could say that what he had bought and payed for , was his own ; and if any did injure or oppress him , the law was open to do him right . but since these new preservatours ( as they call themselves ) are risen up , those golden days are vanished , and iron times are come upon us , * judgment is turned away backward ; and justice standeth a far off : truth is fallen in the street , and equity cannot enter . yea , truth faileth , and he that departeth from evil , maketh himself a prey , esay . . . our nobles and gentry are debased , our rich-men are beggered , and many thousands of all sorts are killed or starved : the whole commonalty of the kingdom in the general , are in the same condition with the asses of france , thought fit for nothing but blows and burdens ; no man can now command the use of his proper goods , or the service of his own children : we hear daily of rapes and robberies , burning of houses , depopulation of towns : violence and oppression reigns in all places , and confusion is poured out in ful measure among us ; insomuch , that our wel-ordered common-wealth that was , is translated into a very conjuration of tyrannies , by the means of these men , whose aims and endevours are only to keep us in perpetual slavery , militari jure , by the militia , which yet ( forsooth ) they desire may be setled in their good hands for the peoples security and preservation . 't is true , the people at first chose them , and now they feel them , and have cause to know them : and to confess of them , that they are very scorpions to them , and that their little finger is ten times heavier then the kings loynes . the people chose them , to be arbytratours on their side against their king , to comprimize , as it were , on their behalf , some matter between the king and them , ( for under that notion do the people commonly chuse their parliament men ) and such shal only be carried on their shoulders , whom they apprehend wil be most stiffe against their soveraign , as if he were the only great enemy to their welfare and prosperity : but by this time the greatest part of them , ( we believe ) are otherwise instructed , and ( as some of them have confessed ) their apprehensions of the king and parliament , ( as they stand now in the tearms contradistinct and opposite ) is like that , which the heathens have of god and the devil : as those adore the devil with gifts and sacrifices , for fear of mischief from him , so do these the parliament ; but god ( say the heathens ) is good , and wil do us no harm ; so ( say these ) is the king , and therfore they neglect to do him service : and ( doubtless ) might people have but liberty now to speak their minds freely , they would utterly renounce the preservation of those their arbitratours , and desire again the kings protection , after the manner of former times : and wheras these new governours desire to have the militia of three kingdoms setled in their own hands , for our greater security , we must needs apprehend from the proof they have given us , of what they promised us , that this their pretence is but one of those bitter flouts , which in scorn at our simplicities for thinking them to be honest men , they cast upon us : sed deus vindex , god shal one day sit in judgment on them . . they have said , it would be to the kings great glory , to let them have the whole and perpetual managing of the militia , for then they should be fully able to make him the most glorious prince in christendome , ( which thing they have a long time promised , purposed , and endevoured , and all this fighting must be bel●eved , to be to that very end ) for had the king but tamely at first delivered up into their hands , what god committed into his , trusted them for ever , with that power and authority , wherwith god hath trusted him : had he but for their sakes , denied god to be the only ruler of princes , and acknowledged them his governours and guardians : had he but resigned unto them , what king john his predecessour once did unto the pope ; they would have made the pope their president in this , as wel as they do in many other things ; and have returned it back again to him , as he did to king john : and so the king holding his kingdom from thenceforth immediately of them ; they would have done more for him , ( i that they would ) then ever his old land-lord god almighty , either did or meant to do : for wheras god made him king but only of england , scotland , and ireland , they would have given him moreover , all the kingdoms of the world , and the glory of them ; so that , had not the king stood in his own light , they had conquered for him , long ere this , the kingdoms of france and spain , and the empire of germany ; yea , and the last year they had pulled out old antichrist by the ears , and burnt the whore babylon with fire , together with all of her trinkets ; and at this very instant , they had bin stepping over unto constantinople , for to ding down the great turk ; and in the next half year the mogull of persia had bin taught to submit himself ; and then also the king of china had bin summoned to an account , for his usurping the title of filius coeli , ( which is proper to no man living , but only to those of their faction ) and by that time , the grand chams of tartary , would have learned so much wit , as to forbear calling themselves domini dominantium , and to leave that stile wholly , unto these superlative abamocchoes . and now who wil not say , it had bin a glorious thing to the king , for the world to take notice , that so great a brood , of such mighty alexanders , should like that cadmeyan progeny start up on the sodain at one time in his kingdom . but it seems the king wanted faith , and thought such great acts might be sooner purposed then performed , or else was jealous of these his worthies , that in their subduing of these kingdoms , they would not have dealt with him , as joab did with david at the taking of rabbah , and yeilded to him the glory of the conquest : now whether the king were too blame or no in so thinking , let wise men judge . but let me reason a little with these men , about this their reason ; suppose the king should settle ( as they would have him ) the militia of the kingdom in their hands : and then they should chance to vote bonum est nobis esse hic , 't is better to stay at home , and play 〈◊〉 〈◊〉 , then to adventure abroad : how would the king then appear so abundantly glorious ? do they imagine it could be any thing to his glory , to have it reported in the courts of forrein princes , that the monarch of great brittain , after twenty years managing his inheritance left him by his predecessours , and weilding the scepter of three kingdoms , to the great prosperity and wealth of his subjects ; hath submitted himself to pupillage under the command of a few ordinary gentlemen , his own vassals , at their requests , who think themselves wise enough , and therfore take upon them ( as his tutors and guardians ) to govern not only himself , and his kingdom , but also his very family and houshold ? they appoint him what servants shal wait upon him , and have power to dispose of his children in marriage , without his consent : or ( if they please ) against his wil. can any man think that such a report , would speak the king in a glorious condition ? would not strangers reply , and say , is this the honour of the english king , and his great priviledge above other princes ? he may enjoy it sure without emulation , no man wil ever envy him this glory . but is this indeed the english mens kindness to their common father ? their gratitude for all their happiness and peace under him ? is this the upshot of all their great promises to him ? is this that royal prerogative , that happy freedom , which those who stand so much upon their own liberty , can in their good nature , find in heart to afford unto their soveraign ? would not the meanest of them all disdain to be in that condition ? what ? neither have command over his subjects , nor yet over his houshold servants ? neither have power to chuse a wife for his son , nor to bestow his daughter in marriage ? must the right worshipful his tutors and guardians , have the sole disposing of his children ? no doubt but they wil have a care to match them , into such haggard stocks , that the english nation shal never more be blessed , with any right-bred eagles . thus would forreiners descant upon our kings condition , should he yeild to the desires of these men ; and this they would have us believe would be to his great glory . yea , and furthermore , they have bin teaching the people ever since the parliament began ; that the kings office properly , is but only to put in execution , what the parliament shal decree , to see offenders punished according to the minde and pleasure of his great councell . from whence we learne , that there is a preferment waiting for him , if he have but a care to please his little - great masters well , and be dilligent to come when they call , to go , and do as they bid ; in lieu of his settling the militia of the three kingdomes in their hands , they will bestow upon him , the grand executionership of the kingdome , which he and his after him , shall hold of them , and their successours , quàm diù se benè gesserint ; which may be an office not onely of profit , in such tyrannicall times , as we are like to have under their government ; but also of pleasure , if the king will but put off his mercifull disposition , and learne of them to delight in slaughter , and shedding of bloud . and thus we see what great dignity and glory , upon his resignation of the militia , is like to be conferred upon englands king. but what man now not void of reason , ( considering withall the tearmes these demanders stand in , at the present with the king , ) will not conclude this their pretence of making the king glorious , to be onely one of their flouts , which in their pride and bitterness they are pleased to put upon their soveraigne ? even for his easiness and goodness , in giving credit at first so far , to their oathes and honesties , as to suffer them already to over-reach him : truly as a plain scorn we apprehend it ; for let them answer us a question or too : would dutifull and loyall subjects , ( as they call themselves ) desire any thing in earnest of their prince , and not first lay down their harness ? do not these their weapons speak , that by violence or dread , they intend to obtain their purpose ? have not these very men , seized already by fraud and force upon that very thing , without the kings leave , which they require of him to grant them ? do they not by calling themselves the militia , declare evidently , that they account themselves the everlasting masters of it ? do they intend , if the king shall think meet to deny their request , to yeeld up presently that possession which they have already of the same ? we suppose not , for they claime in their tenents all earthly power and authority to be theirs , by right , as they are gods children . they are so bold as to say gods providence hath cast into their hands , that strength of the militia , which by unjust meanes they have seized upon ; and they have entred into an oath and covenant , in effect , to keep the same in despight of the king ; and with it to suppress and destroy all them that shall ayde , and assist the king , to recover his own again . and what is all this , but ( as micha speakes ) to oppresse a man , and his house ▪ yea , a king and his heritage ▪ and to resolve to continue in so doing , even because they have gotten a power into their hands ? but tell us , ( o you pretenders to piety , ) where ( in the meane time ) is that subjection to the king for conscience sake , which s. paul calls for ? and that obedience for the lords sake which saint peter requireth : will you all hold , ( as some of your fellow-members have maintained , ) that these precepts were onely in date , in the primitive times , when the people of god lived under heathen persecutors , and are of no concernment in these dayes , now gods people have got strength ? or do you think the bare calling your selves his majesties most dutifull and loyall subjects , a sufficient observance of those injunctions ? we beleeve neither of these excuses will satisfie christ jesus at the reckoning day . but in the interim , doth not your desiring the king that the militia may be setled in your hands plainly infer , that in your own consciences , you have done him wrong , in seizing already upon it without his leave ? surely if the right of settling it be now in him , the right of seizing upon it before was not in you : but you did a manifest injury to his majesty in meddling with it against his will , and a far greater yet ▪ you intend to do him , by your resolving still to keep it , by force , if you may not have it confirmed by his approbation ; unlesse you will yeeld , that this your demand proceeds from the scorners chaire ; you must of necessity grant us thus much . but in very deed , these men have other reasons , for this their unreasonable request , though they are ashamed to name them , i shall do it for them , for mine aymes are ( like those of christ my master in his preaching , ) to discover hypocrites , that men might beware of them : they are these . . if the king can be gotten , to settle the militia in their hands , all the injustice and unlawfulnesse of the war on their side , will be thereby cancelled , and whatsoever they have done against him , and his subjects will be authorized as found and good : their crafty seizing upon it , at first , and their violent use thereof since , to the destruction of so many , will go for worthy deeds , and the king will be judged , to have been much to blame , in making any opposition against them , and for his calling them rebells : his own act , will be the eating of those his own words , and speake them to have been his most humble , dutifull , and obedient subjects , all the while they fought against him ; yea and all they did in that kinde , to have been done out of pure love , to his good and glory , and for the benefit of church and common-wealth : and then too , if withall the king shall but confer some new titles of honour , upon their chieftaines , ( as when time was he did upon lesley , ) for this they expect and intend to demand too ; then they shall appeare , white all over , and who will dare to say to the contrary , and full as good subjects almost , as their brethren the scots ? that is one reason . . if they can get the king to settle in their hands , that depositum of power and authority , which god hath intrusted in his ; they shall bring him , ( as they desire ) into their own condition : and make him such a one to god , as themselves have been and are to him : whereby gods displeasure may be so far kindled against him , that he may permit them , ( having all the power in their hands , ) to bring their endeavours fully to passe in destroying him , and his posterity : and then the world shall be taught to beleeve that heaven hath punished him , for such his sin : and confirmed with its blessing , all their sayings and doings against him : that god was of their minde all the while , as now by the success is most apparent : honesta quaedam scelera successus facit , ( saies seneca : ) the highest villanies , if succesfull , shall be accounted vertues , and these men care not to obtain truths , but opinions warrant . . they desire the militia may be settled in their hands , quia omnis in ferro salus est , their whole safety consists therein , it is the nurse of their wealth , and the sole anchor of their security : for o si pateant pectora virûm , quantos intus sublimis agit fortuna metus ! what great feares , have these mens high fortunes created in their bosomes , could we but view their insides ? they dare neither trust the king , nor yet the countrey that trusted them ; for should the strength be in any hands but their own , they might be called to an account for all their doings , the law might be in force again : and justice suffered to shew her face ; treason should sit no longer in the seat of religion , truth might appear above-board ; and peace be restored unto the nation ; and order might come again into fashion : yea , had the king his power again , he might call a parliament , a true parliament , a free parliament , which is a thing that they quake to think on ; for then like a company of poore hope-losts , they should stand below , and look up to that place of honour , where erst they sat , and have so much abused ; and who in their condition , can indure this ? nemo hercule nemo : no mervail therefore , if they desire to hold fast the militia in their own hands . . should they part with it , they should not onely degrade themselves of their present honour , and disarme themselves of safety , but of their wealth and riches too , for all is now at their command ; the lands , estates , the goods and fortunes of all their country-men : which the militia of the kingdome , hath invested them with a right in : and possession must be maintainted by the same meanes as obtained : but should the militia return into the hands of the right owner ; honest men would enjoy their own as before , and they who are now so gay , would remaine stark naked , ( like jack-daw in the fable , when every bird had re-assumed her own feathers . ) and then further too , their pleasures would also cease , that sweetnesse they feel in shedding of bloud , would be no more : which very want would be as bad as death unto them ; their natures are now so accustomed unto it . in a word , ( as amos speakes ) they have gotten them hornes by their own strength , or sleight , and the hornes are the defence of the head ; the militia are these hornes , and should they part with that , they fear they should not keep their heads long after : and therefore great reason they have , rather to desire the settlement of it , for ever in their own hands . but ( with their favour ) what reason hath the king to trust them , that will not trust him ? them with his weapons , upon that experience he hath had of their love and kindnesse : who will not trust him with his own ? can it be imagined that they will imploy them otherwise , then they have done , ( considering what their delights are ? ) nay , may it not be expected , that they will make him the author of all their evill , which from thenceforth they shall doe , when by his consent the power is once settled in their goods hands ? surely they that used his name to the raising of so many men against himself , to the killing of so many of his subjects , when he openly opposed them , will not scruple to doe all their mischeif , under his name and authority , when they have so faire a pretence for it . nay should the king doe in this , as they would have him , may not the just and holy god account him a partaker with them in evill ? his majesty ( by his own pious confession ) hath smarted under the hand of god for his consenting , though ( doubtlesse ) against his will , to the shedding of straffords innocent bloud : and should he againe after his humiliation for that , by a new consent , make himself guilty of many more blouds ; the continued anger of the almighty , might be too heavy a burden for him to beare : no doubt but they are , and will be , the more importunate for his consent now ; because they see his heart hath smot him for his consent then ; for how ever it was blattered much at the beginning , by those of their faction , against forcing of tender consciences , yet verily , we beleeve there were never men that delighted more in offering violence to the soules and consciences of the righteous , then themselves do ; wherefore should his majesty yeild to them in this particular , it would be in singultum cordis , a corrasive to his heart for ever ; and therein a glory unto them : and also it would argue too great a distrust in gods defence of him ; and be a mean to delay gods punishment , from falling upon the heads of these lofty rebells . and besides all this : his majesty hereby shall give way to the settling of all those sects and heresies , to the destruction of christian protestation religion , which by their crafty and violent seizing upon the militia , were but only let in to the church : may it please his sacred majesty , and all his loyall subjects to remember , when the pope of rome , ( these mens grandsire , for however in words they disclaime kindred with him , yet are they wholly like him in conditions , they tread in his steps , & observe his method , & end , in all their undertakings : ) when he ( i say ) after the fashion of these his nephews , had fraudulently & forceably seized upon the militia of his soveraign the emperour ; then did all corruption and false doctrine make entrance into that church , the light grew dim : and when the emperour afterward gave his consent that the said pope and his conclave ( formerly his subjects ) should have that his power and authority , ( which at first indeed , he laboured to recover againe unto himselfe ) settled in their hands , then was all that wickednesse , ( formerly but admitted ) confirmed and established ; and the faithfull church , became from thenceforth a very harlot . let story be observed , and it will be found , that the fall of the empire , the rise of the pope-dome above it , and the spring of mahumatisme happened all about one time : and the two last might be permitted of god , for a punishment of the first . for it is no small sinne , for the supream magistrate to part with that depositum out of his hands ; which the almighty hath intrusted solely with him : histories doe sufficiently testifie what extreame molestations , the emperour hath been put unto , and what base affronts have been put upon him by his proud subjects of rome : since he gave his consent , that the militia of that city and country should be settled in their hands : himselfe is there now , but vox non significativa : he hath the title of roman emperour , and no more : and such must be the condition of our king , if he be not warned by the emperours example : he must be content to be only an unsignificant voice too , in his own kingdom , yea , and to be regulated in his expences , if he have leave to live , yet he shall be so ordered , that he doe not live profusely , or have wherewithall to dare , to practice ought to their prejudice . yea , and he must learne to hold the stirrup too , to kisse the toe , to bow the knee to the supremacy , or popes of the lower house , if they shall at any time please to frown upon him ; or to vote him a delinquent . well , let but these things be seriously , and with judgement thought upon by moderate men , and then let reason speak , whether it be fit that the king should yeild to this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as they would have him : whether it be meet he should suffer the sword , to be carryed before the gran concilii , rather then still before himselfe ; and should settle the militia of the three kingdomes in their hands , which are good onely by their own testimony . but i have been ( perhaps ) too tedious , in scanning the reasons of this their second demand : we come therefore to advise a little upon the third proposition , which ( say they ) concernes the vindication of the irish rebells . sect . xv. . of their vindicating the irish rebells . how fully they have done it in one sense . . and how glad should we be if themselves would go and do it in the other : their true intention in that demand opened . to vindicate in the most vulgar acception , is to justifie and acquit from blame ; and if they take the word in that sense , they have vindicated them too sufficienly already , and much more then hath become men of their profession : for as god by his prophets tells jerusalem , that she had multiplyed her abominations more then her sisters , sodome , and samaria , she had justified them in all which they had done ; in her going beyond them in wickednesse : and that she was a comfort to them : so may it be said of these men , they have multiplyed their transgressions more then their brethren , the rebells of ireland , they have justified them , in what ere they have done , they have been a comfort to them : surely the irish doings , shall not be remembred in the day , that the impieties of those of this nation are reckoned up : did the irish●ob ●ob , kill , and roste christians ? so have these done : did they burn houses , strip men and women naked , scourge them , and expose them to the wide world ? these have not been behinde in such doings : did the irish rebell against their soveraigne ? these have both overtaken , and also gone beyond them in this sin : for though nothing should cause men to rebell , yet to say the truth , the irish lived formerly under a more hard bondage , which might provoke their corruptions : whereas these jesurun-like ) rebelled out of meere wantonnesse : nor did those irish execute their savage cruelty , ( as was noted before , ) on those of their own nation and religion , as these english have done ; they did not defile their own churches , nor kill and abuse their own priests ; but these have delighted , to prophane and destroy those places , where themselves had formerly met to worship god ; and have offered most speciall despight to the ministers of their own religion , who baptized them , and preached gods truth unto them . besides , the religion which the irish rebells professe , is not so directly opposite , to such barbarous cruelties , which they have committed , as is that which these of england pretend unto ; nor have they been so bold as those , to entitle god unto all their outrages , they think they need a pardon , both from god and the king , for their inhumanityes , and rebellions : whereas these stand upon their justification , and have often despised the kings mercy , when tendered to them : nor have they in ireland persecuted and pursued the kings sacred person ; they have not reviled , nor railed upon him , as these have done : never any such reproachfull libell , ( as this which we oppose ) doe we read was sent abroad by the rebells of ireland , against their soveraign ; nor yet did we hear that ever those irish took so solemn a protestation , at the beginning of their parliament , ( as these english did , ) to maintain the kings person , honour , and estate . in a word , those irish are not so impudent , ( as these hard-fore-headed english are , ) as to call them rebells and traitours , who according to their oath of allegeance and protestation do labour to maintain the kings life , and right against them : but they yeeld themselves to be , or to have been in a rebellion . wherefore who will not say , that the english rebells , have out gone the irish , and by committing evils , in a more abominable way , have even justified those their brethren ; as jerusalem did her sisters sodome , and samaria : and yet as if all this were nothing , these good men desire to be still vindicating the irish rebells : and would have the militia of the three kingdomes settled in their own good hands to the same purpose . but perhaps by vindication these mean punishment , and revenge , which they pretend * they would inflict upon the irish rebells , for that protestant bloud shed by them , would but the king give them leave so to do . truly if they would go themselves , and fight it out , with those rebels in ireland , we dare affirm , they shal have not only free leave , but thanks too ; yea , and moreover they shal have , not only the usual boon of such malefactors , ( as act the executioners part upon their fellows ) viz. the grant of their own lives : but ( by our consent ) they shal also be the very great oes of ireland , and they shal hold this dignity , by their dearly affected irish law of tanistry , which is , that he who is best able by force and violence to wrest unto himself , the estates of others , shal be the chief commander among them : we perceive by their doings , that they would set up that law here in england , in stead of all others , which they have put out of date or use : but we conceive it is not so suteable for this nation , where men have bin wont to enjoy their own , and to leave their inheritance to their own children : and therfore we suppose , it wil be an hard matter for them to introduce , and settle the same here . but in ireland it is a custome established to their hand . yea , and further yet , upon condition , that they wil go thither , and so we in this land may be rid of their companies ; we wil all supplicate the king for a further favour in their behalf , viz. that every great o amongst them , may have the honour , to give the earl of tyrones own arms , ( which is a bloudy hand ) for their own proper and most deserved cognizance ; and that they may also be , all barons of that strong iland , which tyrone fortified , and called fough-na-gaul , the hate of english-men : for in very deed , no man living , did ever better merit that title , then they have done . but ( alas ! ) we have read that ireland harbours no venimous vipers ; therfore we are confident the great oes of westminster , wil never adventure thither in their own persons : but if they can get the militia of the kingdom , setled by the king , wholly in their hands , ( that so they may fear no rising here against themselves ) they wil therwith force , and press all the english people , ( who wil not take their unlawful and ungodly covenant ) which is in effect to renounce the doctrine of christs gospel , and their obedience to the king for ever ; and send them thither , where they wil expose them to be starved , or slaughtered ; as many thousands have bin already : and therfore let all the countries that have stood out longest in their loyalty , and at last accepted of these new lords , expect to be thus punished for their tardiness in apostacy . and for those lusty club-men , in the counties of wilts , somerset , and devon , and the like ; let them look for this reward at the hands of their militia-masters , for taking part with them , against the kings men . such fellows as wil gather together , and make head against those that wrong and abuse them ; wil be dangerous to live in a new state. they that did thus against the cavaliers , may do as much against the round-heads , when they are but a while as wel acquainted with their conditions : they that wil be forced from their duty to their soveraign and natural liege-lord , by such wrongs and oppressions , as ( in these troublesome times ) are offered to them by the unruly soldiers ; wil be easily driven upon a like sensible occasion , to make resistance against tyrannical usurpers ; those beasts that wil decline from their allegiance to the kingly lyon , wil never long rest contented under the obedience of cat-a-mountains ; therfore a timely course must be taken with such persons , they shal all be sent into ireland ( out of hand ) and be hampered there , for ireland must be the continual spain , or carthage , to our new rome , to rid her of all such mutinous and tumultuous persons : and then shal these saints , these bloudy butcherly saints , have free elbow-room to inherit this land ; and having neither truth nor king , nor enemy left , for to disease them ; they shal be at leisure ( if pride and faction wil give them leave ) to live at peace together . and thus have we seen the scope of the third demand also , which concerneth ireland . now from what hath been said concerning these matters , let any man judge , whether these men have not reasons to pursue their desires without giving back an hairs bredth from their first proposals ; and whether the king hath reason or no , to consent unto them ; nay , whether the subjects of england have cause to wish the kings complyance with them in all these things ; for my part , i profess sincerely in the sight of god , i apprehend their demands to be the most unreasonable that were ever made ; and therfore do hope that god wil ere long awaken in the kings behalf , for such hath bin his wont formerly , in cases of like nature : when nahash the ammonite required of the men of jabesh gilead , ( to purchase a quiet bondage under him ) that he might pul out their right eys ; so when benhadad required of the king of israel , his strength , treasures , houses , wives , children , and what ever was dear and pleasing unto him ; when senacherib required of the people of jerusalem , to forsake their own natural king , and to submit their necks under his yoak , to yeild up themselves into his hands , to be carried from their own good land , they knew not whither . we find that god did continually awake in the behalf of each of these distressed : and most severely punished , every of these unreasonable demanders : and doubtless he did so for the very unreasonableness of those their requests . and shal not we believe that he wil awake now also , when all these unreasonable demands proceed together at once , and from the same men ; who first require the abolition of episcopacy ? there is nahash request , to pluck out our right eies . secondly , they require the militia of the three kingdoms , that is benhadads request , for all that the king and his friends have . thirdly , under the title of vindicating the irish rebels , they require that the people of this kingdom , should be at their disposal , to translate from their own native country , and never to see it any more , there is senacheribs request . therfore awake , awake , as in times of old , o lord our strength , arise for our succour , at this present , and redeem us , for thy mercies sake : behold , o god ( our shield ) and look upon the face of thine anointed , as thou art the judge of all the earth , and helpest them to right that suffer wrong . amen . amen . i now proceed to answer these men , who in their libell go on , and say : but were our cause altered , ( as it is not ) or were we worse rebels then formerly , as none can affirm that takes notice of our late sufferings , and our strange patience , even now after the discovery of these papers , and our late extraordinary success in the field : yet stil this clandestine proceedings against us here , &c. sect . xvi . . of the enemies late sufferings . . of their strange patience . . of their extraordinary great successe , and the true grounds of it . . successe no argument of a good cause . . the worst men have alway made most use of it . here is much remarkable stuffe in these few words , which i shal endevour to discover . first , ( say they ) were our cause altered , as it is not , or we worse rebels then formerly , as none can affirm , &c. we granted them before that their cause is stil the same in specie as it was at first , and so are they themselves no whit altered from what they were , but only a malo in pejus , from bad to worse , and the moralists account this an alteration . and let any one that hath the use of sense and reason judge whether age doth not make some difference in sinful men , as wel as it doth in satan himself ; who in the beginning of the world , was a serpent , ( as these at the beginning of the war were rebels ) and it is true , he is but a serpent stil , but he is come to be now an old serpent , so called rev. . and that is aliquid amplius . antiquity in evil , speaks both a further ability to evil , and a larger measure of iniquity ; and in this respect he may be called a worse devil then at the first ; and so may they , worse rebels . but i wil not with arguments either prevent , or assist those proofs , too sufficiently given of themselves , by their own actions : i had rather spend time to pray them better . but they tel us of notice to be taken of late sufferings , which they have undergon , and of some strange patience , which ( it seems ) as they say , hath manifested it self of late to be in them ; yea , even now since the discovery of these papers : truly we must confess our errour , we have not hitherto observed any such thing , but we are resolved ( upon this intimation ) to make inquiry , first after their late sufferings , and then after their strange patience . these sufferings of theirs we find upon consideration , began about the year . some certain months before the ●●rth of those . propositions : about the time of the kings first removal north-ward , which as we imagine and remember was lent time , ( and therfore most accursed doth that superstitious season deserve to be , and for ever to be blotted out of john bookers almanack , as wel as christmas day , because therin did begin , their late great sufferings ) then , o then most sadly they fel into the same condition , that richard the third was in , when ( alas ! ) ful sore against his wil , the whole care and burden of the kingdom , was cast upon his shoulders ; then ( alas ! ) and from thenceforth , ( wo and alas ) they were forced ( out of meer necessity ) to begin to seize upon the kings magazines , his forts , towns , and castles : his navy of ships , houses , and all he had , to their great discomfort and displeasure . and how hath all their very senses , since that time , bin continually troubled , and molested ? their ears ( o lamentable ) have bin loaden with the most offensive acclamations , and honourings of the people : their gust and smel hath bin tormented daily with the perfumes and feastings of the city : their eies and touch have bin most vexatiously tortured with those so loathed heaps of plate , and monies which from all parts of the kingdom have come trowling in unto them : while the king ( in the mean time ) hath bin in great prosperity , wandring up and down in fields and mountains , cold and wet , weak and weary , faint and hungry , with few friends , and little mony : yea , while he hath had time and opportunity to get himself a stomack ; they ( good souls ) have bin wel nigh surfeited with good cheer , and done to death with abundance : yea , ( poor creatures ) they have bin constrained to sit warm , and to lie soft , to be served in state , to drink wine in bowles , to be behonoured , be worshipped , to be crouched and kneeled unto , and so forth : wherfore if that pope of rome , when he lay beaking himself in the midst of his luxuries , had cause to cry out , heu quantum patimur pro christo ! then great reason have these complainants , to cry out also of their late great sufferings . yea , and besides all these corporal calamities , their very ▪ spirits , have bin also distracted many times , with most frightful fears and jelousies , as of plots , strange plots under ground , regiments , great regiments of subterranean horses lay in wait for them ; conspiracies , dangerous conspiracies , were contrived against their corporal welfare ; ( as that honest tailour that sate close in moor-fields can abundantly witness ) which doleful matters have oft-times put them into as pittiful a plight , as that good alderman of london ( their friend ) was in , when he thought himself to be shot in the breeches . nor is here all yet , these fears of theirs , have bin followed with increase of cares also , to provide plenty of prisons , and strong holds , to hamper and restrain the ministers of god , ( those great enemies to their undertaking ) to devise means how to destroy both them and their doctrine ; and all that ( with them ) adhere fast to the testimony of jesus ; concerning obedience to god and caesar. these and such like have bin the late sufferings , and great troubles of these men ; and they are indeed ( as we now confess ) the more remarkable , because sufferings of this kind , are seldom the portion of gods children , ( as these call themselves ) nor had we apprehended that this kind of life ( which they have lived ) had bin a suffering ; if themselves had not so called it , and put us in mind so to account of it : indeed some of the brethren of the independent faction , ( as m. edwards that free-spoken presbyterian in his book detecting their late manner of living in holland , doth inform the world ) did call such a kind of life , ( themselves living it ) a persecution , and a suffering ; otherwise we have not heard that appellation given unto it before . but indeed these are new times , and many other things have new names ; loyalty is called treason , and treason loyalty ; obedience rebellion , and rebellion obedience ; truth falshood , and falshood truth : and why may not as wel a pleasant life be called a life of sufferings , and a suffering life , a life of pleasure , if it please the new omnipotency , now above-board , so to ordain and establish ? no man must move the lip , open the mouth , or so much as peep against it . and thus at last ( they may see ) we have taken notice of their late sufferings , and confess them rare : now we shal view their patience too , which themselves call strange , specially that which they have shewn even now , after the discovery of these papers : indeed their publication of them , together with their preface , and notes upon them , after their discovery , is testimony sufficient of the strangeness of their patience . and yet we must tel them , that we conceive by the effects of this their patience , that we have read of such a like patience before now , in some others beside themselves : as for example , in a certain dragon , rev. . . who when he had persecuted a woman there mentioned , ( whom some interpret to be the church of christ ) and driven her into a wilderness , i. e. into a low and desperate condition : his patience provoked him , to cast out of his mouth after her , waters as a flood : which ( as expositors say ) were multitudes of slanders , reproachful speeches , scandalous reports and lies , hoping therby to drown her honour and reputation for ever ; ( for they would be more easily believed of her , in her affliction ) and to carry her away so far , that she should never appear in any credible or comfortable condition more : nor did his patience end here , but the text tels us , vers . . that he went ( farther in the heat therof ) to make war with the remnant of her seed , that keep the commandment of god , and have the testimony of jesus . we are sure this was such a patience , which these men are seasoned withal , and which they have shewn since their discovery of these papers , and do stil exercise towards their soveraign , and all that remain faithful and loyal to him . nay and farther too , we must tel these men , that this humour which they call patience in themselves , though the name which they give it be somthing new ; yet for the nature of it , 't is no whit strange or singular , for many men , before these times , have bin infected with it : cain was , when he kill'd his brother , because his own works were evil , and his brothers good : and so was nimrod , that mighty hunter before the lord , and oppressour of his neighbours : saul in the old testament was ful of this patience , when the evil spirit was upon him , and made him throw his javelin against david at one time , and against jonathan at another ; and so was that saul in the new testament too , at such time as he went panting up and down like a bloud-hound , & breathing forth threatnings against the people of god : shimei also was brim-ful to the very mouth of it , when with his revilings and execrations he saluted david in the depth of his affliction ; and achitophel did overflow therwith , when in all haste he would have pursued his soveraign , while he was faint and weary : this patience was in haman too , when to be revenged for mordecai's stifness , he endevoured the ruine of the whole jewish ▪ nation ; it was in nebuchadnez●ar also , and made the form of his visage change against sedrach , mesach , and abednego , when in scruple of conscience , they refused to submit to an ordinance of his , almost as damnable as the parliament covenant . and in the scribes and pharisees it was most plentifully abounding , as appears by all their dealings with christ and his apostles : thus ( i say ) this condition , which these men commend in themselves , for the matter of it , is not so new and strange ; though i confess the name , ( by which they call it ) seems so to be ; for it was wont to be tearmed rage , cruelty , wrath , and fury , and not patience : yet i remember master fox tels us that bishop bonner , and those of his bloudy consistory in queen maries days ; who ( having with as much rage and passion as can be imagined , handled , and oppressed the martyrs ) when they came to read the definitive sentence , and to give them up to the secular power to be put to death ; were wont to make proclamation , ( as these men here do ) to the whole world , of their great meeknesse and strange patience , which they had used towards those obstinate hereticks , as they called them : so that we see this patience here mentioned , is not only by bishop bonners authority a strange patience , but also such a patience , as master fox himself doth make mention of , in the book of martyrs . but the poor church of christ hath felt enough , and too much of this their patience , therefore at this time , i wil speak no more of it , onely i conclude in the words of the prophet micha , the best of them is as a bryer , the most upright of them , is sharper then the thorne hedge . the next thing they mention ( wherein they triumph indeed and glory ) is their late extraordinary success in the field : some perhaps may wonder , how these three can accord together , great sufferings , strange patience , and extraordinary good success , and all of late : but they must remember , that their sufferings and patience , being of that kind , as was shewed before , may wel stand with extraordinary good success , yea , in such men as they are , such sufferings , and such patience , are the natural fruits and dependants of prosperity , and extraordinary good successe . but by the way , take notice of their end , in yoaking these three together ; prosperity and good successe , which of old , went currant onely among the papists , for a note of the true church ; is now admitted also by these men , to be a speciall marke of the goodnesse of their cause ; but in regard our religion hath hitherto taught , that sufferings , and patience were rather the marks of christs true flock , then extraordinary successe in the world ; therefore euphoniae gratia , for sound sake , the name of sufferings and patience , are still retained , and joyned together here , with extraordinary good successe ; alteratio non fit in instanti , if the change from one extreame unto another , should not be by degrees , it would be too grosse , and palpable : but by that time the three propositions be granted to them , extraordinary good successe will be able to stan alone , and to go currant among all their proselites , for an unquestionable note of the true church , or cause : it will not need the countenance of these two names of suffering and patience , which shall from thenceforth be rejected , and wholly disclaimed , as infallible marks of loyalty and malignancy . indeed , successe is the best argument they have to win and hold people to themselves , and to their cause : wherefore t is requisite that for further discovery , i shew the invalidity , and weaknesse of this their argument . but first for our better progresse therein , we shall consider what this extraordinary successe is , which they so brag and boast of , and what are the true grounds and causes of it . their successe ( i confesse ) to narrow capacities , and low braines may seeme ( as they call it ) extraordinary : but to those that consider the causes of things , together with the meanes and manner of their proceedings , it appeareth nothing so . t is well known how by fraud and policy , they seized at unawares upon the kings militia and navy : how they ingrossed into their hands , most of his townes , castles , rents , revenues , and all he had ; leaving him nothing of his owne to subsist on : how they rooked to themselves , all the plate and money of the kingdome : and how by the service of false teachers , they poysoned the hearts of his subjects ; drew them from their allegeance and armed them against him : and having done all this , they were able to get a victory against him at nazeby-field ; after they had taken away , what ere he had to defend himself , they made a shift to beat him with his own weapons ; after four long years pursuit of him : and what extraordinary matter is there in all this ? nay , some say too , they had not prevailed then neither , but that they plowed with the kings heifer : ( as they also did , in their taking those townes and castles , which since they entred upon : ) had not some , whom the king trusted , been perfidious , these great conquerours had not been so prosperous : wherefore the case being rightly stated , it was not altogether victorious sir thomas fairfax , but partly also victorious treachery , and victorious money , which was the procurer of such their late extraordinary great successe : and yet ( perhaps ) sir thomas fairfax may be a right valiant man in his way , as many other commanders on that side are , worthy all to be * engaged in a more noble and righteous quarrell ; and i wish , with my soul , for their soules sake , and for the honour of the english nation , that either the cause which they strive to maintaine were better , or that their industry wherewith they maintaine it , were not so good . but that none may think that the extraordinary successe , which these perverters of order , these underminers of government , have had , and which these troubles of israel , these over-turners of christianity do boast of , is to be attributed to any goodnesse in their cause , or to any celestiall or divine benediction upon it . i shall desire them to consider of the true grounds and reasons of it . i shall name only those that are most visible , amongst which i might mention private divisions , between our chieftaines , who to revenge themselves of one another , seemed not to care what advantage they gave to the common foe , nor what detriment to the king : but this hath been too sufficiently , yea , too shamefully visible , without further notice . i might mention also the indiscretion , or inability of those , who have undertaken to manage the kings affaires : the greatest talkers ( sayes the proverb ) are not always the wisest men . he that can make a witty speech , is not alwayes meetest to sway a councell ; nor are men of quickest gust or relish , always men of the best and sagest spirit ; 't is one thing to give directions , for dressing of a good dinner , and another thing to give orders , for the governing of a great army : beside , the genius of some men , is neither publick nor noble enough , either to gaine , or keep the hearts of people , who by a certaine instinct from above , are most regardfull ( in troublesome times ) of those , whom they apprehend , to be most neglectfull of themselves . assuredly the king and his cause both , have received the greatest wounds from the hands of friends . i might also mention mens dishonesty , in falsifying the trust imposed in them , when they have by their oppression and violence , beggered the people committed to their care ; by their excess and harshness , weakened their hearts , and loosened the joynts of loyalty in them : and made the places strong and fensible , ( as if they had been there set , only to enrich themselves , and to make preparation for the enemy , and this being done , their work were done ) they have delivered up all into the adversaries hand , and so departed . but to omit these and many more particulars , ( which might be named ) which have occasioned that great success so gloried in ; i shall mention only three , viz. remisnesse in the best of ours , prophanenesse in the worst , and popular fury . . remisness . the best on our side in generall , being not armed or quickned , with such stings of hatred , as they on their side are , have been more heavy and dull in their opposite desires , and inferiour to them in their attempts and practises , they by tumbling and tossing like heaps of snow rowled up and down , have grown great and mighty : and we , by our frosty coldness , have given them leave to harden : whereby they are encreased to that stupendious heap we see ; though 't is possible yet that a thaw may come , for rota fortunae is in gyro , notwithstanding their present bigness , they may be sensible of a diminution , might but the glorious sun-shine of gods countenance , return again upon our soveraign . and yet ( perhaps ) this remisness ( which i seeme to tax in these of ours ) hath been more from others restraint , then their owne sluggishness ; for ( alas ! ) the chiefest care of too many amongst us , hath been to damp the endevours of good men , in such places where they might have been most serviceable : yea , to prevent ( if possible ) their being trusted , or imployed at all ; for fear ( i think ) the kings affaires should thrive too well ; if such had had the managing of them : many of the kings friends ( as they have been called ) have been so faithfull to him , that they would neither do their own duties , nor suffer others to do theirs ; having themselves deserved ill , they could not abide , that others should deserve better ; it hath been one of the hardest things , for a known honest man to obtain leave of them , ( since the kings troubles began ) to doe his majesty faithfull service : yea , i have heard it often said , that the surest and speediest way , for one to bring himselfe to ruine , among many of the kings men , was to be more active , and honest , then others , in doing the kings worke . nay , if a minister of christ hath but laboured earnestly and zealously in his proper way , ( according to his office ) in the behalf of god , his soveraigne , and his country ; he hath growne remarkable on the suddaine , and been noted by many ( that should have encouraged him ) for an unsufferable fellow ; fit for nothing but for slaughter , ( unless presently silenced and dismissed ) for they have cryed , he will spoile the kings cause if let alone , and make all the souldiers stark puritanes , rank round-heads , or else stirre up all the people against us : ( and all this , but for his faithfull and true dislike of that which spoiled it . ) remissenesse therefore in good men , is granted a mean to preserve their own safeties , but withall t is undoubtedly one of the special things that hath damnified the kings cause , and advanced that of the enemy . . as remisnesse in some , so prophanesse and high impiety in some others of our side hath weakned us , and aided them : t is a true saying , a divine blessing doth alwayes accompany good causes , where wickednesse and wilfull witlessenesse doth not bar against it ; but when either of these oppose , the blessing is obstructed : and ( alas ! ) hinc dolor , hinc lacrymae , hence also is the source of our sorrows , and of our enemies good successe : sir edwin sands in his europae speculum tells us , that the jewes in their speculations of the causes of the strange successe of worldly affaires , doe assigne the reason of the turkes prevailing against the christians to their blasphemies , and horrid oathes , which doe wound the eares of the very heavens , and cry to the throne of justice for divine vengeance : whereas the turkes hate prophanation , and will not suffer christ to be ill spoken of : the same reason may be given for the enemies prevailing of late against the kings men . ( though i doe not say that all on the enemies side , are free from this hellish sinne , or so respectfull of christ and god , as the turkes are in this particular : for there are with them , even with them also , most horrid swearers , and most execrable blasphemers : but their evills hurt not us , as our owne doe , nor are so mis-becoming their cause , as ours are to that which we maintaine . ) and indeed never any good undertaking had so many unworthy attendants : such horrid blasphemers , and wicked wretches as ours hath had : i quake to think , much more to speak , what mine eares have heard , from some of their lips : but to discover them , is not my present business ; a day may come , when the world may see , that we who adhere to the king for conscience sake , ( what ever is said of us to the contrary ) have as truly hated the prophanesse and vilenesse of our own men , as we have done the disloyalty and rebellion of the enemy : for indeed , the truth is , betwixt them both ( as betwixt two mil-stones ) the king , his cause , and our selves too , are ground in pieces : and were the matter well opened , it would appear , that both those and these , have had but one and the same end , even to satisfie their owne lusts , and enrich themselves , with the ruines of their king and country . but without all question , neglect of religion , and want of discipline , hath weakned and undone the kings armies : o had his sacred majesties commands , and orders for the exercise of both , been put in execution , the enemy had never been able to have stood before us . . popular fury , ( which is like the rushing of mighty waters ) comes also in , to the making up of this land-floud , which gives the adversary such occasion of glorying : the addition of the many , though it can adde no true credit to their cause , yet it makes the successe appear extraordinary : the people ( sayes jeremy ) are foolish , and know not gods way : and our saviour sayes , the multitude walke in the broad way ; they are led much by mouth and noise , and incline alwayes to the strongest : their delights are , to lift up those that are already up , and to throw downe lower , the already downe : with them the winner hath alwayes praise , let a man get power or prosperity how he can , he shall not want vertue in their opinions . a notable testimony of this we have in that propheticall vision , rev. . ( wherein is foreshewn what shall fall out in these latter times ) we are there told of a certain beast with many heads , whom all the world wonder after , in regard of his power and authority , which ( notwithstanding ) was not lawfull , or rightly come by , ( as the text infers ) for the dragon or devill did give it to him , and not god , yet such was the blindness and fury of the people , that they did worship and adore him for it . and by the way , let us here note : that satan is sometime said to give power ( by gods permission ) as well as god : and as that power which is gotten by honest and lawfull meanes , is gods gift , of which kinde was that of pilat , ( though abused by him ) it was conferred upon him , by the voluntary designement of caesar , the supream magistrate : and therefore ( our saviour saies ) it was of god , or from above : so that strength and authority ( on the other side ) which is obtained by unlawfull courses , is the gift of satan ; and such was that of the many-headed monster forementioned : he is said , to have received power from the dragon , because by fraud , violence , and unjust wayes , he had gryped a great strength of the militia into his hands , whereby for a season he was succesefull in many designes . yea , sayes the spirit , vers . . he made warre with the saints , and overcame them ; he prevailed over men of all sorts , small and great , rich and poore , free and bond ; and compelled them to receive a marke , or to take a covenant , and no man might live and trade , buy or sell in all his quarters , that scrupled at it . and in regard of this his great power , and success together ; all that dwelt upon the earth , or in the countries where he had to doe , ( those onely excepted ( sayes the text ) whose names were written in the booke of life ) did worship the beast wondered after him , and admired him : saying , who is like unto the beast ? who is able to make warre with him ? and no doubt but the beast did admire himselfe too , for such his greatness and success among the people , whose foolish and froward access ( indeed ) did make the same so extraordinary . these i conceive are the chief causes of that prosperity which the enemy so much glories in ; what invisible reasons there be in gods secret councell for his permitting this , i cannot tell ; but sure i am , ( though the adversaries may have received their power as that beast did , to doe as they have done , yet ) gods hand it selfe , is in the judgement , as 't is a punishment . and indeed we have sinned one with another , and therefore are justly punished one by another ; we had made this happy and rich kingdom the stage of our wickedness , and therefore it is become unto us an acheldama , or field of blood ; and should god make it an hell also , for ever to torment us in ; it would be but our due merit , and his true justice : let us give god his due glory , he is righteous in all his doings . the judgement ( indeed ) hath falne hitherto , most heavy upon the kings family , and party ; and this i beleeve is of gods speciall permission too ; but whether because judgement doth usually begin at gods own house , or because we on that side , are in the generall so sinfull , and the best of us so little affected with these nationall miseries , and so little humbled under our own , i cannot tell , gods councells are a great deep : but let this be confessed to our shame , ( of which i wish we could take more unto our selves , for this is a time and season to do it in ) i thinke since the world began , there was never so great a judgement lesse laid to heart , ( wherein so many are concerned ) then this is by us . alas , alas ! who amongst us yet speaketh aright ? who repenteth him of his wickedness ? who lamenteth for his sin ? who smites himselfe , and sayes , what have i done ? every one ( in a manner ) still goes on ●in his old course , and runs desperately upon his owne ruine , even as the horse that wanteth understanding , rusheth into the battle . we have those that seeme to hate religion , as much as the rebells doe loyalty ; yea that make religion a mark of rebellion , even as they on the other side do make rebellion a mark of religion : nay i would they did not hate both loyalty and religion too ; sure they use those worst that are to both these best affected ; we must needs think that god hath an high indignation against such persons , and disdaines sure , to make them succesfull instruments in his righteous cause , and perhaps till they be cut off , the enemies shall prosper : and then the wheele shall be turned another way ; and the truly loyall and religious , in quos victor victusque furit , that suffer by both sides , may see bette● times . we find the church in her complaint of such men , prophesying to this purpose , o lord , thy hand ( scil . of justice ) is lifted up , and they will not see or acknowledge the same : but they shall see , ( scil . before god hath done with them , and feele too ) yea , and he ashamed for their envie ( or malice ) at thy people , ( viz. who make better use of the judgement then themselves doe ) for the fire of thine enemies shall devour them , i. e. the fire of rage , and power of doing hurt , shall be the longer permitted to gods very enemies , untill these wicked , and ungodly wretches , are devoured , scattered or destroyed : and till then ( as is inferred also in that chapter ) even the righteous people that keep the truth , and wait for god , in the way of his judgements , must with patience submit themselves , and meekly beare the indignation ; remembring that god hath alwayes had his time to sift and try , whom he hath formerly taught and fed : and this to them is that season : this is gods threshing time , his fan is now in his hand ; he is taking away his wheat , and hath carryed much of it already out of sight , the chaffe remaines still in great heaps upon the floore ; and having received little or no diminution , glorieth in its extraordinary great successe , not thinking what must shortly be done with it , how t is designed to the fire . but because successe is so great a plea with these men , and so prevalent with most people : i will first shew , that t is the weakest argument that can be alledged to prove the goodnes of a cause ; and then , that the wickedest men have most used it . but of both these briefly . concerning the first , david in the . psalme , describing the outward estate of evill men , sayes , they were successefull in their affaires ; insomuch that people thereupon came in apace unto them , yea so prosperous they were in their way , that himselfe in a manner was non-plussed at the matter . and jeremy the prophet argues with god about the same thing , why it should so be , that they who dealt very treacherously , should be so very happy : whose conditions also in another place , he describes more fully in these words . among my people are found wicked men , who lie in waite , and set traps and snares to catch their brethren , their houses are full of deceit and wrong , yea they do ( in their injustice and cruelty ) surpasse the deeds of ordinary wicked men : they take upon them to be judges , and yet judge not the cause , no not so much as the cause of the fatherlesse , or the right of the needy , and yet they prosper , are become great , grow rich , waxen fat and shine . here was prosperity we see , here was successe , but no honesty , no goodnesse . so the prophet habakkuk complains of treacherous dealers , and wicked persons , who devoured men more righteous then themselves : they catched them in their nets , and gathered them in their drags , and thereupon rejoyced in themselves , and offered sacrifice to their own nets , burnt incense to their drags , because by them their portion was fat , and their meat plenteous . we read in rev. . of the true church , how she was driven by the dragon into the wildernesse , i. e. into a desolate and obscure condition , delituit in cavernis , non eminuit in primariis sedibus , ( as one saies ) she was not visible , ●as formerly , nor had she power and liberty to shew her self in her family , or to govern her children , as she was wont to do ; she was in the very same condition , as our mother-church of england is now in ; the devil had obtained great successe against her , but shal we conclude from thence , that he was in the right , and she in the wrong , or him to be the beloved of god , and she the hated ? we have no sufficient reason for it . so in the . ver . of the next chap. where that beast is said to make war with the saints , to overcome them ; doth it therefore follow , that his cause was better then theirs ? i think not . in the . of daniel a certain vile person ( so intitled ) is prophesied of , who should do much mischief , against the holy people , whom he should kil and destroy , and against the sanctuary , or place of gods worship , which he should pollute , taking away the daily sacrifice , ( or common-prayer unto god ) and setting up the abomination of desolation in the room thereof ; yea , he should exalt himself ( above him he ought to obey ) and speak blasphemous things , against the god of gods ; he should honour onely the god of forces , i. e. he should trust only in his militia , or strength of weapons for safety and protection , ( all these it seems are the conditions of a vile person ) yet should he prosper for an appointed time , until the indignation be accomplished , ( saies the text ) which was determined to be done . we know that c●in prevailed against abel , yet abel was the better man , and offered the better sacrifice : nay , the pharisees ( we know ) prevailed against christ himself , for a season , had their wils of him , got him crucified by the common vote and consent of the people , even according to the desires of their own hearts . and from hence it was believed by a great many , that christ was even such a man as his enemies reported him : scil . a deceiver , and a malefactor : and that it was the just judgment of god upon him , for his sins : he was despised , rejected of men , ( saies the prophet ) yea , we esteemed him smitten of god , ( scil . for his own sins ) and afflicted . nay , some of his disciples themselves were so staggered at the matter , that even they , made a question , whether he were the man , whom they took him to be , because of that success which his enemies had against him : we trusted ( say they ) it had been he , that should have redeemed israel , as if they now feared they were deceived . indeed it is the humour of men , ( though often warned to the contrary ) to pass sentence upon others from a view of their outward condition ; if they prosper , then they conclude them good , and beloved of god ; if not , then wicked presently : when the viper was seen hanging ●n s. pauls hand ; he was judged a murderer immediately , and the worst man in all the company : so those whom pilate s●ew , ( while they were at their devotions ) and those ●n whom the tower of siloe fel , were thought greater sinners , then other men , because of their misfortunes , which opinion our saviour himself conf●teth : yea scripture throughout , and daily experience both , doth inform us , that the best men are usually the most afflicted , for this world is the furnace wherin , and affliction , is the fire wherwith , god neals his people , and makes them fit for a better habitation : and thus we see that to argue from success , is but a weak kind of arguing ; nay , these very men that now use the same in their own behalf , were wont to say heretofore , ( when others have prevailed against their faction ) the m●re knaue the better luck ; i know no reason but that proverb is stil as t●●e as ever . ● . but i shal now shew in the next place , that the worst men have always ●in wont to plead this argument ; two or three examples amongst many shal be alleaged to this purpose : the scripture tels of ●●bsakeh , when he moved the people of jerusalem , ( as these men do us ) to make a general revolt from hezekiah , he pretended that god had set him on work , and had said , go up against this land , and destroy it , and his main argument was , his masters extraordinary great successe : to which purpose , he reckoned up ( as our enemies do ) a great many cities , towns , and castles , which he had taken ; as h●nah , and ar●●●d , sepharvaim , henah , and iva● . and so the turke argue at this day against the christians , that their religion excels ours , because they have prospered better , and prevailed more then we have done . and in like sort the independent faction may urge the same thing , against the presbyterians here amongst ●s ; for they have been the most succesful : and if the argument be good , then down must go the presbytery ( as wel as episcopacy . ) r●●t and branch : and the parliament have erred in voting for it , yea , and the covenant taken to conform the government of this church , to that of scotland , becomes frustrate and of none effect : but to proceed ▪ as ra●s●akeh and the turks , so the popish bishops in qu. maries time , did insist much upon this argument , ( as master fox witnesseth ) they would urge upon the martyrs their extraordinary successe , which they and their cause had , by king edwards death , and queen maries coming to the crown , ( against such great endevours to the contrary ) these very men , who now use the same argument , in their own behalf , wil not allow , that it was sufficiently good then , in the behalf of the papists . i ●il mention but one example more , and that is of pope alexander the third , who ( as story speaks him ) was none of the best men ; when he had prevailed against the good emperour frederick the second , his liege-lord ( as these have done against their king ) by getting a great victory against him , wherein , most unfortunately his son was taken prisoner : for redemption of whom , the emperour was forced to prostrate himself upon the ground , and yeild his neck to be troden on : and to acknowledge alexander to be rightful pope , ( which by reason of a schisme was before denied ) and to restore what ever had been taken , during the war on his part : when ( i say ) the pope had brought him to all this ( and to such like things would these men now bring their s●veraig● , as is evident by the doctrine of their preachers , who tel the people that god wil bring the necks of kings under the feet of his saints , that is , ( as they interpret ) under the feet of their faction ) then did he , ( the said pope ) insult and glory , ( as these already begin to do ) in his extraordinary great success ; and made it his argument , to perswade the foolish world , ( after these mens fashion ) that his cause was gods , and that god had favoured his quarrel , as the most just and lawful . henry king of england , and lewis king of france , were both in the seduction , in token whereof , being both on foot , they held the bridle of the horse , on which the pope rode , the one with the right hand , and the other with the left . and thus also we see that the worst men , have bin wont to use this kind of arguing , which our adversaries now think to be so good , and do stand so much upon . but from this consideration , we ( for our parts ) shal beware of being swayed by it , or of judging gods love or hatred from outward accidents ; fools only build upon such foundations : evil is the touch-stone of good , and often gets the better of it , to try goodnesse constancy . the arke was taken prisoner by the philistines ; it doth not follow thereupon that god did hate the same ; no more doth it now follow , that he hates the king , because he lets his enemies ( for the present ) prevaile against him . for israels sin , god suffered the arke of his glory to be obscured , ( for a season ) so for our sins it is that our soveraign is afflicted . and let not these insulters perswade themselves , that our allegeance is so weakly knit , that it can be loo●ened with this argument , we are not of them that draw back ; nor yet of them , that blush not to affirm , that so long as the king is able to protect them , they are bound to serve him , but no longer : these waters of affliction , that have so plentifully showred down upon his head , are not able in the least degree , to quench the heat of our love , they are as oyle rather , to inlarge the flames of our affections : the enemies success against him , and ill usage of him , doth but make him appear in our eys , more like our saviour ; and so locks our hearts the faster to him . and let these king-tormentors know , that god hath an hook for their noses , and a bridle for their lips , and the things that are coming upon them make hast : nulla sors l●nga est , the weather-cock may turn ; alieno in l●co haud stabile regnum est , there is no constant sitting in anothers seat , ima permutat brevis hora summis , who knows what a year , a month , or a day may bring forth ? quos foelices cynt●ia vidit , vidit miseres abitura dies : great and wise agamemnon professed , that he had learned by his victories 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that great things are overturned in a monent : troya nos tumidos fecit , nimium & feroces , ( saith he ) troyes conquest hath made us proud , and cruel , fierce and haughty : et stamus nos danai loco , unde illa cecidit , we the conquerours are in the same condition , from whence she fel : hodie mihi , cras tibi , is the motto of all mortals , our portion of sorrow we have to day , they shal have theirs to morrow ; the times may so alter , that affliction may chance to stand again for a mark of gods children , even in their calender , res deus nostras celeri citatas turbine versat . and so i have done with this particular , and come to that which these libellers adde in their next words : having minded us of their late extraordinary successe in the field , they proceed and say , yet stil this clandestine proceedings against us here , condemning all that are in any degree protestants at oxford , as also granting a tolleration of idolatry to papists , indemnity to the murderous irish , in a close trading way , for meer particular advantage , cannot be defended by any , but by the falsest of men , papists ; and by the falsest of papists , jesuites . sect . xvii . . another charge against the king confuted : of clandestine proceedings . . the kings condemning all that be protestants at oxford , a most impudent and malicious slander . . his toleration of idolatry another : the occasion of the kings promising to take away the penall lawes concerning papists . . the reasonablenesse of that promise , at that time , and upon that occasion . . the objection of the kings former resolution to the contrary answered : as also of his promise not to abolish the laws against them . here is a new charge upon the king , consisting of many particulars . . clandestine proceedings against them at westminster . . condemning all that are in any degree protestants at oxford . . granting a toleration of idolatry to papists . . indemnity to the murderous irish : and all these are aggravated by three main circumstances , one from the time inferred in the word yet stil : another from the manner of working , in a close truding way ; and the third from the end , for meer particular advantage : all which put together , make the king ( in their judgements ) uncapable of all defence , unlesse by the falsest of men living , who ( as they say ) are in general papists , in special jesuites . these men surely having read in the . of john , the pharisees trick of affrighting people from professing christ ; do here make an experiment of it , hoping for a like effect , that as none durst speak in christs behalf , for fear of exclusion from the synagogue , and of being accounted as an heathen or a publican : so none wil dare to contradict what they have said , or to speak a word in the kings defence , for fear of exclusion from their approbation ; and of being reckoned the very worst of men , a papist , nay , a jesuite , and used accordingly . but ( perhaps ) here in they are not so wise as they would be taken , nitimur in vetitum , we love in these daies , to look narrowly into things forbidden : this bridle they would put upon us , makes us believe , that they seek to smother those beams of wisdome ; and to suppresse those sparks of truth , which if layed to view in these letters , would quickly f●ie into their faces , and give the lie to their observations . if they be able to justifie what they say ; why should they bar any man liberty of opposing ? truth fears no stirring ; nor do honest men fear sifting : we are commanded to prove all things , to the end we may hold fast only that which is good . wherefore notwithstanding the danger layed before me ; i shal obey god in doing my duty to the truth , and to my soveraign . i wil examine the accusation as it lies , and begin with their yet stil , or first circumstance . yet stil must needs ( according to grammar ) have reference to what precedes , as wel as to that which follows : that which precedes , is their late extraordinary successe in the field , scil . when these papers were surprised : that which follows , is the relation of diverse crimes , which ( as must be supposed ) they have found in these papers : now yet stil is uttered as an aggravation of the said crimes , as if after their extraordinary successe ( which must be believed , spake gods approbation of their cause ) the king had been guilty of that , which they lay to his charge out of the said papers , and had written all that is found amisse in them , after they were surprized . so that yet stil imports thus much : notwithstanding gods manifestation of himself against the king , by the late extraordinary successe in the field , which the holy and blessed parliament had against him : he ( contrary to this conviction ) hath used clandestine proceedings against them at westminster , hath condemned all that were in any degree protestants at oxford , hath granted a toleration of idolatry to papists , and indemnity to the murderous irish , and what ever beside is liable to blame ( according to their fenses ) in these letters . but this pretty aggravation of theirs , is but a bare circumstance , and therefore i passe it over only with this little notice . the charge it self follows , which consists of an huge heap of hainous words , resembling a man of straw , that at first blush , carries some proportion to our seeming , but being felt and poized , is discovered to be a meer vanity , serving onely to fray crowes . . they cry out of clandestine proceedings , scil . against them at westminster , for by us here , none else can be intended ; these ( it seems ) they would have in the first place to be marked with a noli me tangere ; and great reason for it , many fields in england have bin watered with humane bloud , to keep them from being touched : they have deserved so abundantly well of their country and nation , in keeping safe the religion , peace , and wealth thereof , without any the least schism , breach or diminution ; that it were a mortal sin , but to think amisse of them . wherefore the king must needs be much too blame , for using any clandestine proceedings against them at westminster : and the rather , because they were never guilty of any clandestine proceedings against him . they went openly to work in all that ever they did : told him at first , when he called them together , what he should look for at their hands : yea , and when they sued unto him , to sign their bil for continuing the parliament ; they plainly declared , how they would serve him : that they would seize first upon his magazines and navy ; and then raise a bloudy war against him : that they would separate his wife from him , and hunt his person up and down the kingdom : rob him of all his wealth , and the hearts of his people : they foretold him of all ; nor had they ever any private conventicles before hand , to plot their businesse , nor since their meeting , did they ever make use of a close committee : they never had any clandestine packing with those of scotland , nor with any other , of any other nation ; but have done all things clearly , and in the face of the sun : if ought hath befel the king to his dislike or distaste , he may thank himself only for it : for he knew their minds before hand , they hid nothing from him ; and therefore it must needs be granted , that the king doth very ill , to use any clandestine proceedings against such honest plain-dealing men , as those be , that sit at westminster . but ( by the way ) what are these clandestine proceedings trow ye ? why we must look into these his letters for them , wherin we shall finde him plotting with his queen , about bringing the treaty at uxbridge on foot againe , and to make her the instrument thereof : ( could there be but a pre-assurance , that the rebells would submit to reason ) thou ( saies he ) art the fittest person , to be the meanes of so happy , and glorious a worke , as is the peace of this kingdome . pap. . ( was not here clandestine proceedings now , and a dangerous conspiracy against them at westminster , who are resolved to have no peace , till all be destroyed ? ) againe , he doth advise his queen , ( being in france ) to enquire whether lenthall the speaker ( according to his own brag ) doth keep a strict intelligence with the cardinall mazarine , though i will not swear ( saies he ) that lenthall says true , yet i am sure 't is fit for thee to know . pap. . here was another clandestine businesse . and further he doth consult with her about supplies of men , monies and powder , for defence of his life against them of westminster , pap. . and gives her direction for the conveyance of it in some other papers : ( a businesse clandestine and shrewd too : ) and in paper . he assures her in private , that hertogen , the irish agent was an arrant knave , ( a particular which might concerne the men of westminster , and touch them more close , then perhaps every body will yet beleeve ) besides , in most of these letters , we shall finde the king , and his queen comforting and supporting each other , under their heavy burdens , with mutuall intimation of perfect love , and patheticall expressions of conjugall affection : all which , are notable proceedings indeed against them at westminster , and great obstructions to their endevours , which are to breake the hearts of both , and sinke them to their graves presently : and thus we see the nature and danger of the first particular in the charge , concerning clandestine proceedings , which are so evident , that we can say nothing against it . the . followes , the proof whereof , is more and obscure : and that is condemning all that are in any degree protestants in oxford ; by which they would have it beleeved , that the king is so great an enemy to protestant religion , that his very friends at oxford , who have forsaken all they had for his sake , are hated by him for their religion sake , so many of them as are protestants in any degree : but how this is manifest in these his papers , we are to seek , for though these men have forehead enough to affirme it , yet their fortune is not good enough to prove it . indeed we find the king in his letters to ormond , paper . and in his directions to his commissioners at uxbridge , taking great care , and giving strict charge , for the preservation of his protestant subjects in ireland ; but in no place can we see so much as a sillable tending to the condemnation of protestant religion . but these men cannot leave their old trade of taxing the king with their own conditions : heaven and earth can witnesse , that never was there in england , greater enemies to protestant religion , then themselves have been ; never was there so much protestant bloud spilt in this nation , since the beginning of the world , as hath been by their meanes within these foure years : never was london so full of prisons ; never the prisons so full of protestant divines ; protestant nobles , gentry , and christians of all sorts , as they have been , since these good men kept court at westminster . besides , how they have countenanced and brought into the church , all kinde of sects and heresies to the ruine of protestantisme , which the king for the honour and health thereof , was alwayes carefull to suppresse and keep out ? how have they maintained and preached doctrines of devills , scil . of strife , murder of brethren , rebellion against princes , oppression of neighbours ; and practised the same ; which are all directly opposite to the religion of the protestants ? how have they abolished the book of common-prayer , established by parliament , to be the protestants publick forme of worshiping and serving god in this kingdome ? had the king done but any one of these things , or were he not himselfe a most constant and zealous professour of protestant religion in his daily practice , these men might happily have had some colour , for this their confident charge against him : and so to have created suspitions of him . but seeing all things are so cleare contrary , we learne onely thus much from this particular on their charge , that they are men , whose hearts are not overspiced with honesty : they passe not what they say , nor with what face , so they say no truth . the third particular which they load their king withall , is tolleration of idolatry to papists : which they speak , as if idolatry sub eo nomine were already allowed , and set up by the kings authority , in contempt of god and true religion , and so ( doubtlesse ) they would have it apprehended . reasonable men will yeild that there is a difference betwixt idolatry , and the penalty thereof ; the penalty may be suspended , altered , or taken away for the time , and yet the sinne it selfe not tollerated or allowed : these doubty champions will not yeild that their parlia . have granted a tolleration to adultery , though they have abrogated the penal lawes against that sin , and so taken away the meanes to punish it : nor can they prove that the king hath promised any more to papists , then the parliament hath already granted to fornicatours . in their after-notes , ( where they make repetition of this matter ) they referre the reader to paper the . for their ground of it : in which we finde the king relating to his queen , how the english rebells had transmitted the commands of ireland , from the crowne of england to the scots : an expression worthy ( by the way ) to be observed by all englishmen , that regard the honour of their nation , considering that the king himself is a scot , and that the men of westminster intend , if they cannot kill him , to thrust him and his children , ( as some of their hang-bies have whispered ) to his ancient inheritance in scotland ; when they have made use of his people of that nation , to help to destroy his kingly power here , not one scot of them all , shall have any footing , or any more to doe in this kingdome : i say , considering this , every true englishman hath cause most highly to reverence the king for his justice unto , and his care of the dignity of the english crown . but to proceed ; the king tells his queen , that , by that act , ( that base and ignoble act ) he found reformation of the church , not to be ( as they pretended ) the end of this rebellion : and concludes , it would be no piety , but presumption rather in himselfe , not to use all lawfull meanes to maintaine his righteous cause : and as one mean to that purpose , not thought of before , he gives his queen leave to promise in his name , that all penall lawes in england , against roman catholicks shall be taken away : as soone ( sayes he ) as god shall inable me to doe it ; upon this conditiion , so as by their meanes , i may have so powerfull assistance , as may deserve so great a favour , and inable me to doe it . now how truly from these words , that accusation is collected , let the readers judge : here they see , is no absolute grant , or tolleration of idolatry ( as they pretend ) but only a conditionary promise of withdrawing the penall statutes against the papists his subjects , if by their meanes , he may be delivered from this bloudy raging , and malicious persecution of the puritans , and settled in his power and throne again . and well may the papists expect as much favour from the king for such a service , as adulterers have had already from the parliament gratis . nor perhaps will the king appear so aboundantly culpable in this case ( as these men would have him ) if these . following particulars be well considered upon . . the lawfulnesse of using the ayde of papists , specially being his own subjects , in case of life and extremity , of which i have spoaken somewhat before * to which i referre the reader . all that the enemy can object is , the kings resolution to the contrary at the beginning of this rebellion : his words to this purpose , they faile not to alleadge in the end of their observations , pag. . where also they tell us , that the king made a strict proclamation for the punishing those of that religion , that should presume to list themselves under him ; and that a way by oath was prescribed for discrimination of them , and instructions granted to the commissioners of array in all places to dis-arme them . all which doth but speak his majesties full purpose of keeping his resolution , for the king doubtlesse did verily beleeve , ( till experience taught the contrary ) that protestant religion had such a power in the hearts of those that pretended so much unto it , that they would never suffer him ( their soveraigne and protectour ) to stand in need of the help of papists to defend him. and these men ( in the same place ) confesse , that at the battle of edge-hill , the papists were taken into the kings army of meere necessity : and they alleadge ( in scorne ) the excuse ( as they call it ) which the king gave for the same , namely , that by law , they were prohibited armes in time of peace , and not in time of warre : which distinction ( say these ) bore date long after the warre begun , but that was want of invention only : perhaps so , for who could have beleeved that men of their pretendings , should prove so highly vile , and base , as they have done in driving their king to such exigents ? or that the people of our religion should prove so ingratefull , as to leave their soveraigne , and protector so desolate , as that contrary to his own resolution , he must be forced in defence of his life , to use those of another religion , and be put to excuse himself by that distinction ? this makes me remember , that in seneca , when hercules familie was abused : ingrata tellus nemo ad herculeae domus auxilia venit , vidit hoc tantum nefas defensus orbis . . the time when this letter unto the queen was writ wherein this promise was made , and the occasion moving thereunto . the time his accusers confesse was march . . immediately after the breaking up of the treaty at uxbridge , when all hopes of peace by way of an accommodation were frustrate , and dissolved , when the kings affaires were very low , and the enemy high , having newly taken the town of shrewsbury , one of his majesties best garrisons . and the particular moving him at that time , to think of this meane of procuring assistance from his subjects of that religion , was ( as appeares in the letter ) his discovery that the english rebels had ( so much as in them lay ) transmitted the command of ireland from him to the scots : which might easily perswade him , that their purpose was to take that of england unto themselves ; and so his whole authority in all his dominions being totally rent from him , and divided amongst them , he was like to be but a sans terrae , or a cipher signifying just nothing in his three kingdomes : which also spake plainly to his conscience , that it was nothing lesse then reformation of religion , what ever was pretended , that the puritane rebels aymed at ; upon which considerations he concluded with himselfe , ( as the letter infers ) . that it would be no piety at all , but plain presumption in him , to neglect any lawfull meane for defence of himselfe , and that authority which god had entrusted him withall : or still to stand upon scruples , ( which word the malitious observatours pag. . would have the people take speciall notice of ) and truly what is it but a scruple , a needlesse scruple , for any to question , whether a protestant prince , should use the helpe of papists in case of necessity , to defend himself in his naturall rights , and royalties ? it being not onely lawfull , but according to his office and duty , to preserve his crown and dignity , by the help of his subjects of what religion soever : they being by the providence of god lotted under his government , as the proper meanes and instruments for that very purpose . wherefore ( now at length ) though the king had not hitherto , ( as himself saies ) though of this meane , ( scil . with intent to use it ) yet upon this occasion and consideration , i give thee leave , ( says he ) to promise in my name that i will take away , &c. . the thing promised , which is the taking away the penall statutes against the papists , provided ( that in this his necessity ) they afford him that powerfull assistance , as shall inable him to do it . and truely if extraordinary successe , be such a full proof of a good cause , ( as these libellers would now have it ) and the king , by the assistance of his popish subjects , should obtaine the same against his puritan rebells ; then their cause and religion must for another while , be concluded the best ; and ( this argument being fore-swallowed , ) much wrong should they have , in the worlds deeme ; if ( at least ) he whom they have enabled , should not suffer them to enjoy the free use of it under his protection . and ( besides ) if we do but consider , the carriages of the rebells themselves , what allowance they have given , and what promises they have made , to men of all sects , and religions , for to purchase their assistance , in taking from the king his inheritance and authority : what advantages they have made , of the kings fore-mentioned purpose , and promise , not to use the ayd of papists : how they have sued for that assistance , which he resolved against , and have entertained many of that religion into their armies ; and what proffers they have made , to those whom they could not prevaile with to help them , only to sit still , and not help him . i say , if we consider of these things , this promise which the king made , will not appeare so unreasonable to men of understanding , as these would have it . but they accuse the king ( afterward ) for offering this to the queen , in behalf of the papists , without either her or their request . it may be easily beleeved , that they have sued for it heretofore : besides , if it be but considered , what the fashion of the world is now come to be ; since the puritans pricked up their ears : namely , to capitulate , and bargain with their king , for what they shall have , and what he will grant , before any duty or service shall be afforded to him : and then too , if it be remembred , what large and unreasonable demands , the kings worst deserving subjects , do require at his hands , onely for the purchase of life and peace to himselfe and his people : no man will wonder , if the king do think , the papists will look ( at least ) for liberty of conscience , and religion under him , when by their meanes the land is restored to tranquility , and the king to his crown and dignity : for ( doubtlesse ) the religion of the papists , is as dear to them , as the religion of miles corbet , edmund prideaux , and zouch tate , ( the three chief examiners of the kings letters ) is to them ; and may with as little detriment to any church or state be tollerated . and besides , the penalty which the king promiseth to take away , is not as ( i conceive ) to be levied upon the papists , meerely because such : for it may be exacted upon others also though of another religion , if they be guilty of these particulars : scil. if they shall refuse to take the oath of supremacy and allegeance to the king. . if they shall raise disturbance in the church or state. . if they shall seduce the kings subjects , from their religion , and obedience . . if they shall refuse to come to church once in a month , ( at least ) or to hear divine service . . if they shall , ( many of them together ) keep private conventicles , and meetings ; in such cases onely , ( as i conceive ) the laws are in force against papists , and against all men else as equally , of what religion soever : wherefore let any man of understanding and justice speak , whether these fault-finders themselves , be not under the same penalties , as deeply as ever were the papists : have not they renounced the oath of supremacie and allegeance to the king , by making a new oath , and placing the supremacy in the heads of their faction ? have not they raised such distractions and rebellions in church and state , as the like was never known ? have not they had their private meetings in all places of the kingdome , and seduced thousands of the kings subjects from their duty and obedience ? do not they refuse to come to common-prayer ? nay , have they not abolished the same out of churches , that no man at all might come unto it ? may they , ( doing these things , and indeavouring the kings destruction withall ) be freed from the penalty of these laws ? and may not the papists , remaining in their due obedience , and assisting their soveraigne against his enemies , according both to law and duty , reasonably enjoy the same freedome ? though peradventure they come short of one of the particulars ; which perhaps too , is not so much out of malice , ( as in these others ) but out of ignorance and mis-information : and that is , not coming to common-prayer : to which neither can they come now , ( if they had a mind ) because it is taken away by those very men ; who would have the statutes still in force against the papists , for not allowing of that which themselves with all contempt and scorn have abolished . but in the last page of their notes , they object in this case also , the kings resolution , and promise , not to abolish these lawes , but to joyn with his parliament in suppression of popery . in answer to which , let what hath been said already , be well remembred ; and withall how they that call themselves his parliamant have not suffered the king to concurre with them : but have opposed and persecuted him , ever since he declared that his resolution , to the end he might not be able to pursue the same : yea , how themselves have compelled him , ( in the continuance of his affliction , ) to do that which they cry out upon him for ; & have endeavoured all they could to force him further , had not a great measure of divine grace upholden him : he may justly complaine of them , as david did of some in his time , they have driven me out from abiding in the inheritance of the lord ; saying , go serve other gods . they have done what they could to violence him from his religion , and to force him to be a papist , according as they voiced him . never prince had greater temptations and inforcements , yet never prince was more constant in his religion , blessed be the majesty of heaven for him . a perpetuall disgrace will it ( questionlesse ) be to protestant religion , ( in the eyes of all the world beside ) that any pretending to it , should shew themselves so unworthy , as to suffer so gratious a prince to stand in need of papists to defend him ; much more that they should by ill usage , force him with such promises to seek their ayd ; but that they should accuse him also for doing the same , after they have inforced him to it , we must needs cry out , o nullo scelus credibile in aevo , quodque posteritas neget ! the height of their villany is the only advantage they have , that it wil not be believed by posterity : wel ( i say ) let all those particulars be thought upon , by all sober men of this age , and if they be not sufficient , ( in their judgments ) to plead the king excusable in this case , then let them remember ( as they were advised before ) that the king is a man , ( as others are ) and in his extremity he declared himself , to be the son of david , and the son of abraham . sect . xviii . . the kings granting indempnity to the murderous irish another slander . the necessity and reasons of the kings yeilding to a peace at that time with the irish : and the conditions upon which that peace was to be granted : this act not contradictive to any of his former expressions against their detestable doings . . the vanity of their charge against the king for going in a close trading way . two sufficient evidences of his majesties sincere and constant affection to the protestant religion . . the whole charge against the king most truly retorted upon the objectors . we come now to the fourth particular in their charge , which is , ( say they ) granting indempnity to the murderous irish. this is collected ( as they tel us in their after-notes ) from the kings letters to ormund , pap. . . . . in all which , i assure the world , there is no such word or phrase to be found as i wil , or i do , grant indempnity to the murderous irish : indeed i find therein his majesty consenting to a peace with the irish , and he sets down the reasons necessitating him thereunto , which these honest observatours have totally omitted , to take notice of ; lest there should have bin no appearance of blame at all , in their accusation : in which they do altogether as wisely , as satan did when he spake scripture to our saviour , for he did omit but only so much of the sentence , as would ( if expressed ) have made that part alleaged nothing to his purpose : and of this all men shal judge , for i wil set down in the kings own words the grounds moving him to write to that purpose unto ormund , paper . ormund : the impossibility of preserving my protestant subjects in ireland by a continuation of the war , hath moved me to give you these powers and directions , ( that is one ground . a . follows in these words ) it being now manifest that the english rebels , have as far as in them lyeth given the command of ireland to the scots , that their aym is at a total subversion of religion , and regal power , and that nothing else wil content them , or purchase peace here , i think my self bound in conscience , not to let slip the means of setling that kingdom , ( if it may be ) fully under my obedience . now if to preserve the lives of protestant subjects , ( impossible otherwise to be done ) if to keep religion and regal power from subversion , be not two sufficient grounds to excuse ( at least ) a christian prince in a disabled condition , for the consenting to a present peace , with the vilest murderers in the world ; i know not what is . yea and beside , if the conditions be observed , which the king ( in his low estate ) requires , to have this peace granted upon , perhaps they may speak the same very commendable . . it must be such a peace as must not be against his conscience and honour . . the penal laws against appeals to rome , and premunire must stil stand , ( the accusers themselves confesse these two . ) . it must be on this condition , or so far forth , as the irish remain in their due obedience to him , and lend him their faithful assistance against his enemies , ( as becometh subjects ) this is apparent paper . however these calumniatours please to interpret , to me it seemeth , that this peace with the irish , is like that which solomon made with shimei . that wise king laid such an injunction upon him , for the grant of his life , as he foresaw he was likely to break , and so would come afterward to a due punishment of his former offences : and even so hath our king done , in that his grant : for doubtlesse it is as hard a thing for the irish to abstain from appealing to rome , or to continue long in their due obedience , as it was for shimei , to forbear going to gath , when he heard his servant was run thither : and by that time , the king ( through gods assistance ) may be able to do justice upon them , according to their merits . kings ( what ever people think ) have choice spirits , differing from those of other men , are better guided , as being in a special sort in gods hand , which directs them in using a connivent lenity , where a sharp insight or notice , may work a greater damage for the present . in matters of government , ( which every one that can find fault with , skilleth not in ) such accidents fall out somtime , that the prince must not stand to ask , what may be done by law ; but must do what is necessary to be done in that case . if a cholerick man , ( as one saies ) be about to strike , i must not go about to purge his choller , but to break his blow . so doth the king in this case : he labours to break the blows of the murderous irish that they may fall no longer so heavy upon his protestant subjects . time was when he would have gone in person , to have purged their choller , and to let them bloud , and so have redeemed his poor afflicted people , from their fury , in a more kingly way ; only his good subjects here , that take upon them to command him , would not give him leave so to do : wherefore he must now do as he may , and not as he would . and surely if those abbots of westminster , that sit there at ease , fatted with the wealth , and pleasures of the kingdom ; sporting themselves with reports of bloud and slaughter , had but any sensible feeling of those miseries , which our poor protestant brethren in ireland do indure , by the continuation of that war , they would be glad of a peace upon any condition ; so it were but with the enjoyment of conscience and religion . but they ( as is conceived ) were the first kindlers of the fire there , thereby to gain advantage to themselves , of raising combustions here : and as their phrase , so their fashion is , to go through with the work , ergo , til there be a total ruine , and desolation of all , they wil admit of no peace in either kingdom ; wherefore the king ( as the case then stood ) went the only right way , at that present , by a pacification with the rebellious irish , to inable himself to suppresse the rebellious english , ( those roots of war , and seeds-men of sedition ) and so to recover a capacity sufficient to correct all offenders , and settle a firm tranquility among all his subjects . but these accusers at the end of their notes pag. . do object divers of the kings expressions , against the doings of the irish , which ( as they apprehend ) this his consent to agree with them did contradict : his words ( say they ) once , were these : we hope the lamentable condition of ireland , wil invite us to a fair intelligence , and unity , that we may with one heart intend the relieving and recovering of that unhappy kingdome , where those barbarous rebels , practice such inhumane , and unheard-of outrages upon our miserable people , that no christian eare can hear without horrour , nor story parallel . and at another time ( say they ) thus the king speaketh : we conjure all our subjects , by the bonds of love , duty , and obedience , that are precious to good men , to joyn with us , for the recovery of that kingdom . also in july ( say they ) at the siege of hull , he conjures both houses , as they wil answer the contrary to almighty god , to unite their force or recovery of ireland . and in december the king answers some irish protestants thus , since the beginning of that monstrous rebellion , i have had no greater sorrow , then for the bleeding condition of that kingdom . truly their bare repetitions of these pathetical expressions , and desires of their soveraign , ( with which themselves were no whit moved , to unite with him in so pious and charitable a work ) doth plainly discover them to be none of that number of good men whom the king conjured , nor to have any fear in their hearts of almighty god. and doing the same to this end , viz. ( as they hope ) to disgrace the king , who at the end of their relation , they blush not to tax for his laying the blame of the irish miseries upon the parliament , ( i. e. upon the faction so called ) which if he should not do , he would sin highly against god and the truth . i say to repeat those his expressions to this end , ( as they do ) doth witnesse them to be given up to reprobate sense , and to remain in the most hardened condition of impenitency : and thus have i done also with the fourth particular . there remains now only to observe the other circumstances annexed to this their charge for aggravation ; taken from the manner of working , whereby these things are said to be effected in a close trading way : and from the end ; for meer particular advantage . i shal answer both these together , in a word , thus ; the king writes letters to his wife , and his wife to him again , wherin they communicate their hearts and minds to each other : now because they did not shew those their letters to the faction at westminster before they sent them , and crave their approbation of what they had written ; therefore they are here accused to go in a close trading way , and to ayme at their own particular advantage , by certain men , who ( as must be supposed ) did never do any thing covertly in their lives , nor seek themselves in any matter . but how close and selfish they have ( indeed ) been , in their proceedings , i have hinted already , and the world hath too sharp a sense of it . had the king from the beginning bin more close and reserved ; perhaps ere this , he had quite blown them up : at least ( as by a counter-mine ) had given a check to their proceedings , and therein done no other , then what became a politick general , whose wisdome 't is to out-go his enemies in their own way , and to beat them at their own weapons : but the kings sincere and plain dealing hath added much ( through their wickednesse ) to his own undoing : and yet now at length , writing but a few words in private to his own wife , about his own necessary preservation , because he did not acquaint them with it before-hand , he is inveighed against , and cried out upon , for trading in a close way , for meer particular advantage . but the thing they intend chiefly by these words , is to perswade the world , ( which is also the main drift of their whole libell ) that the design which the king drives at , is to advance popery ; & to this end he useth clandestine proceedings , against them at westminster , ( the only supporters as must be believed of protestant religion and condemneth ( as they say ) all that be in any degree protestants at oxford : granteth tolleration of idolatry to papists , and indemnity to the murderous irish ; which ( in regard of his many protestations to the contrary ) he being ashamed to own openly , is fain to betake himself to a close trading way , to pursue and accomplish . in answer to which grand calumny , i shal only set down the extract of a letter closely sent indeed , ( that the world may most truly discern the kings close trading way ) by his majesty to the commissioners in ireland , immediately after nazeby battail , when he was in wales , and in a most low condition , written by the hand of the lord digby , his majesties secretary , i wish i had the ful letter it self to set it down verbatim , for i confesse this to be but the abstract of it , which i received from a gentleman of most approved truth and candour , as he did only bear the same in memory ; which notwithstanding he is confident is but little ( if at all ) differing from the original . my lords and gentlemen , his majesty hath commanded me to let you know , that according to your promise and agreement with him , he long since expected your aide , and doth much wonder you should neglect him and your selves so much as to retard it ; because immediately after his , your ruine must necessarily follow : but he is informed , that taking the advantage of his low condition , you insist upon somthing in religion , more then formerly you were contented with . he has therefore commanded me to let you know , that were his condition much lower then it is , you shal never force him to any further concessions , to the prejudice of his conscience , and of the true protestant religion , in which he is resolved to live , and for which he is ready to die , and that he wil joyn with any protestant prince ; nay , with these rebels themselves , how odio●s soever , rather then yeild the least to you in this particular . i refer it to all mens consciences , whether this be not a sufficient evidence of his majesties sincerity and affection to the protestant religion , considering the estate wherein his affairs stood when this letter was written ; and also whether it doth not fully confirm the truth of what i said in effect before , viz. that what ever concessions were made to the papists and irish , were rather by the inforcement of the puritan rebels , then by any inward affection of his majesty to their religion . but indeed it was needlesse to have alleaged any other of his secret letters for this evidence : for these which the adversaries have here published , and declared to be evidences of truth , do manifestly speak to this purpose ; we read in the eighth paper , how the king tels the queen , that he differs from her in nothing but religion . are not these the kings own words which themselves have published ? was not this letter sent ( as wel as the rest ) in a close trading way , as they call it ? do they think the king ever intended it should come into their hands ? and when they laid aside many other papers , as not fit for publication at this time , was not this thought fit to be divulged by their own wise selves ? is not this one of those evidences of truth ( they speak of in the beginning ) which to have concealed , would have bin a great sin against the mercies of god ? truly i dare boldly say , that neither the king for himself , nor any of his friends in his behalf , could possibly have given a better evidence to the abused subjects of this nation , that his majesty is a true protestant , then this is which his enemies have given by their publication of that letter : surely the finger of god was in it . for peoples more clear understanding and notice of it , i wil set down the kings words as they stand in the letter : writing to his queen , about that businesse of ireland fore-mentioned , he speaketh thus , i need not tel thee , what secres●e this businesse requires , yet this i wil say , that this is the greatest point of confidence i can expresse to thee ; for it is no thanks to me , to trust thee in any thing else but in this which is the only thing of difference betwixt us ; and yet i know thou wilt make as good a bargain for me , even in this ; i trusting thee ( though it concern religion ) as if thou wert a protestant . o what a discovery is here made of the kings sincerity in his profession ! when for an obligation upon his queen , to make a good bargain for him , he tels her in his most bosome expressions , that he trusts her to do it for him a protestant , as if her self were one . the world may here see , though these observatours themselves ( who have helped us ) wil not ; that in the closest way of trading ( according to their own phrase ) which the king useth , he tradeth as a protestant , and acknowledgeth in his most secret letters to his queen , that there is a difference ( though it be the only difference ) between him and her in matter of religion . and thus have i vindicated my soveraigns honour , against this particular charge also of his enemies ; and do expect that i have hereby procured to my self , ( though not deserved ) from these men and their faction , ( whose basenesse i have in part detected ) the imputation and title , of the falsest of men , a papist ; yea , of the falsest of papists , a jesuite , for it was voted and concluded before hand , that whosoever should do as i have done , should be so accounted . but notwithstanding all that i have said in the kings behalf , yet this i confesse to these men , so much as concerns the position in general , i am wholly of their opinion , viz. that whoever is guilty of those four things , scil . of clandestine proceedings against the honour and being of parliament ; of condemning all that be protestants in any degree ; of granting a tolleration to idolaters ; and of indempnity to murderers ; or that goes in a close trading way ( to effect those things ) for meer particular advantage , cannot be defended by any , but such as deserve the imputation of the worst men . and therefore i am of opinion that all those , who take upon them to defend the men now above-board , who under the name of parliament , have not only undermined the king their soveraign , but also the parliament it self , in destroying its priviledges , which they pretend to stand for : who have condemned all , to be popishly affected , that are in any degree protestants at oxford , calling them by the odious names of malignants , papists , devils , and dogs ; who have not only granted a tolleration of idolatry , but set it up , and persecuted with fire and sword , banishment and confiscation , all that wil not commit the same : ( themselves whom they call the parliament are the idol , whom all the people of the kingdom must fall down unto and worship ) who have also granted indempnity to the murderous irish. for i would have them but speak out and say , of what nation and religion their plunket is of ; nay , let them tell the world ( if they dare ) what promises have been made from them , by their instruments , ( in a close trading way ) unto that plunket and muskerry , ( whom they tax their king , for shewing countenance unto ) upon condition they would but sit still , and not helpe their soveraign . who also have further yet , in a close trading way , cozened us their fellow subjects of all we had , that was dear unto us , our religion , liberty , peace , wealth , and friends , for their own meere particular advantage , that themselves might rule alone , and bear the sway over our soveraign , and our selves ; over our consciences and estates ; which they spoile and sell away according to their pleasures : i say , i doe verily beleeve that whoever they be , that shall take upon them , to defend these men , under what colour and pretences soever , are as bad as the worst of men , yea , falser then the papists , then the jesuites . but we will listen now to what these men adde farther ; they say , hitherto the english have had commission to chastize the irish , and the irish have had the like to chastize the english ; both have spilt each others bloud by the kings warrant , yet as both hath been in part owned , so both hath been in part disowned , and the king himself hath not appeared with open face in the businesse . sect . xix . . the enemies malitious devises to scandalize the king with favouring the irish rebellion detected and confuted . . the kings requiring secresie of the queen and ormond in the matters writ to them justified . the libellers blasphemy against gods providence , ●and in as king gods blessing upon their libell noted . the english have had commission to chastize the rebellious irish , and the irish have had the like to chastize the rebellious english , both have spilt each others bloud , by the kings warrant ; and what harm is there in all this ? the king is the minister of god , and bears the sword ( sayes the apostle ) to execute wrath upon them that do evill : and therefore so far forth , as the same hath been managed to the punishment of rebellion , whether by english or by irish , under his command and authority , the king hath with open face owned it : but in as much , as the same hath been used by the one or other , against himself , his crown and dignity , against the law , against his loyall protestant subjects , to the hurt or damage of them and their religion ; the king hath both secretly and publikly disowned ever , and still doth : for why should he sinne against god , his own conscience , and honour in taking upon himselfe the scandall of others doings ; as those that call themselves his great and wise councell desire he should ; who themselves commit the sinne , and would have him beare all the * blame , ( for this is their way of honouring their soveraigne in the eyes of his people ) and to this purpose , when at first by decolation of strafford , the irish governour , they had put that wild and unruly people into a fit capacity , and proximate potentia of rebelling : and perhaps too in their close trading way , ( wherein for their own particular advantage , they are of all men living most skilfull ) had helped to draw that power into act ; to the end the people of this kingdom , ( whom they were to use to another purpose ) might not so soon suspect them guilty of so much evill ; they published abroad that the rebells in ireland had the kings warrant for all their bloudy doings ; & to put some colour upon this devilish slander , they printed certain examinations , ( as they cal'd them ) of certain inferior men & women ; who reported ( as they tell ) that they heard some say , they heard from others , who received it ( perhaps from . or . persons ) that some commanders among the irish rebells had affirmed that themselves had the kings commission for what they did : which thing if any of the irish rebells did say , or affirme , what wonder is it ? do not all rebells use to pretend the best authority , for their own wicked doings ? have not even they of westminster themselves , rais'd all their forces of men and monies against the kings person , under the kings own name ? was not the king and parliament the onely word in use with them at the first , though now the kings name is left out ? for they apprehend the people to be so deeply lock'd with themselves in guilt and bloud , that they dare not leave them : i dare boldly affirme it , that many thousands of our english , had never been ingulpfed in those rebellious wayes wherein they are , had they at first but been acquainted with the devises of rebellious heads ; but now things are come to that height , that they know not how to disingage themselves , without a present ruine from them who have engaged them . but hence ( i say ) it plainly appeares to be no wonder , if the irish rebels did pretend the kings authority also , in the beginning of their accursed undertaking , ( though whether they did or no , i cannot tell , for i did not hear them ; ) only this i am sure of , that they who published and printed those reports in this kingdome , did hope thereby to work ( as indeed they did ) a disaffection in many people against their soveraigne , that so themselves might be strengthned with their concurrence in their intended project against him , and all his friends that sided with him ; with whom i may affirme they have even dealt as the cyclops in homer did with ulisses and his associates ; who findeing no reason to misuse them , yet having a great desire to feed upon them , would needs perswade that they were pyrats : so these not knowing any sufficient reason to quarrell with the king and his friends , or to stir up the people against them ; yet having a great hunger after the authority , places , rights , and profits which they possessed , they would needs perswade they were popishly affected , and were approving and consenting to the irish rebellion : and because the king would never be perswaded ( as the people were ) to yeeld himselfe guilty of those evils and miseries which ( as themselves quote his words ) he could never hear nam'd but with a bleeding heart ; therefore they are pleased here to adde and say , that the king himselfe has not appeared with an open face in the businesse . but ( say they ) now by gods providence the tr●verse curtaine is drawne , and the king writing to ormond and the queen , what they must not disclose is presented upon the stage . their meaning is , that now the king is made to shew his face , whether he will or no , and to appeare ( as they think ) such a one , as they have reported him : for those secrets which he would have to be kept close , ( for feare they should discover him ) are here presented to publik view , by the direction and authority of his great councell , who in their faithfulnesse and loyalty to him , have opened all unto the world , yea and set it forth with an additionall advantage . but ( indeed ) this act of theirs , speakes those men of that great councell , to have no great acquaintance with that precept of christ , do to others , as ye would have others do to you ; for certainly themselves have sometimes writ to their wives and friends such particulars , as they would not have all the world to know of : for though perhaps they may not be hurtfull rightly taken , yet ( they 'l say ) ill constructions may be made of good meanings , or a good design may be obstructed , if the meanes intended for accomplishment be divulged , and therefore if they require secresie of those entrusted , they beleive they have reason for it , and no man ought to cavill at it ; but the king it seemes ( of all men ) must not be ▪ allowed this priviledge ; he is here exclaimed upon , to be as culpable as they have voiced him , meerly for his requiring silence in a case of like nature . his experience had taught him too well , that they studied to crosse him in all he did , and to mistake him in all he said ; yea , so they might prejudice him in his affaires , and in his peoples hearts , they cared not to go in the way of perversnesse , which ( as the apostle saies ) doth lead unto their own destruction : which to prevent if possible , he gives the queen and ormond this caveat , not to disclose some particulars mentioned to them in his letters . but ( as the saying is ) no man can avoid his proper destiny , for they being ( as it seemes ) ordained to stumble , and made to be destroyed ( as s. peter saies some be ) shall not escape their meanes of ruine : these very papers ( notwithstanding the kings care ) shall miscarry , and fall into their hands ; whereby is administred to them , an occasion of falling , and so of perishing in their own corruptions by their evill speaking ; and perversely interpreting the things they understand not . and themselves say , there was a providence in this , which notwithstanding they seeme to blaspheme , by making it the author of their evills : by gods good providence ( say they ) the traverse curtaine is drawne , yea but that , what ever the king would have ormond and the queen conceale , is presented upon the stage together with their own malicious conceits upon the same ; they entitle all to be the act of gods providence ( as if themselves had not had so much as a finger in the busines ) but 't is no marvail , that they , who begun their reproachfull prologue , with an abusive mentioning of gods mercies ; should also conclude the same with a speaking evilly of gods good providence . indeed i confesse there was a providence , and a better providence too , then they will acknowledge in their surprizall and publication of these papers , for hereby 't is come to passe , that they who before ( lapwing-like ) cryed furthest off from their own nest , are detected and discovered . they who formerly ( janus-like ) looked two wayes , are made to have but one face . they who pretended love and loyalty to their soveraigne , are unmuffled , and have the traverse curtaine so drawn from before them , that their malice and hypocrisie is presented upon the stage , and made transparent to every eye : insomuch that those people , who did before by their meanes , transire ab ignorantia ad prejudicium , leap from ignorance to prejudicate opinion of their king ; without taking a good judgement in the way ; have now gained , such a full view of the hearts and true dispositions of their seducers , that they may conclude of them , as thomas whittle the martyr , did of the enemies of his daies : that in them appeareth so lively , the very image and shape of satan , that a man ( if it were no prejudice to gods word ) might well affirme them to be devills incarnate : which very thing also , that little of theirs which followes , doth seem further yet to evidence , 't is their conclusion , and in these words . god grant that the drawing of this curtain may be so fatall to popery , & antichristian heresie here now , as the rending of the vaile was to the jewish ceremonies in judea , at the expiration of our saviour . that which they here call popery , and antichristian heresie , can be no other then the true protestant christian religion , for that only was it , which was here established , which the king professeth and maintaineth , and which themselves were formerly of , ( as they pretended ) to the same now , under those odious names of popery and antichristian heresie , they wish such a finall conclusion , as the jewish ceremonies had , ( which were never to endure but for a season : ) and according to their wish , hath their endeavours been , even quite to ruinate and destroy the same , which in a great measure they have already effected , as to wofull experience is too manifest ; and to bring this their wicked work to a more speedy end , they have by these their scandalous notes endeavoured to blast the honour and dignity of that prince , who hath been , and is , the chiefest defender of it under heaven : and the publication of them they call the drawing of the curtaine , which they are bold to ask gods blessing upon , that the same ( through his help ) may be as fatall a fore-runner of the ruine of verity , ( which themselves only call antichristian heresie ) as the rending of the vaile was to the jewish ceremonies : they ▪ would have this act of theirs as affectuall to the one , as that of our saviours expiration was to the other : and this time of their owne breathing , to be of like account with that of our saviours expiring : now what may be thought ( at the present ) of these men , let all that have reason and conscience judge . i le conclude with a prayer too ; and it shall be this . god grant that this my drawing the curtain from the faces of these libellers , may not only prove fatall to all hypocrisie , rebellion , and antichristian disloyalty : but also instrumentall to work such a shame of themselves in the hearts of these very men , and of their masters at westminster , that they may look with better eyes then ever yet they have done , upon charles their soveraign , whose honour they have pierced ; and may have better breathings then ever they have had , after christ their saviour , whose gospel they have scandalized . amen . sect . xx. what good use might have been made of these letters . of the faults laid unto the queenes charge , specially in loving her husband . i have done with their prologue to the kings letters , and in a manner with their annotations upon them too , which ( for the most part ) containe but the same over againe , with the mixture of more malice , therefore in examining the one , i have also in a sort dispatched the other . nor doe i love any more then needs must , to busie my selfe in repetitions . there are ( i confesse ) a few particulars in these their annotations , which ( as i remember ) have not been touched upon , in the discussion of the former generall ; these i shall cull out , and only shew them ( which will be enough ) and so leave them to the world to be judged of . they begin at the end of the kings papers , their observations thus . much use may be made of these precedent papers , and many things therein will appear very worthy our notice . in which they speak truth , and had not themselves been of too spiderous a nature , they might have made much good use of them indeed ; and have noted from them , such dexterity of understanding ; such undantednesse of resolution ; such fortitude of spirit in adversity ; such conjugall faith and affections ; such paternall care and pitty to his people , and such true christian patience and piety to be in their soveraigne ; as cannot be altogether paralell'd at this day , in any prince of christendome . in a word , these papers speak our king to be compleatly a councellour , a souldier , a gentleman , and a scholler , and had he but trusted to himself more , and lesse to the advice of others , in the management of his affaires ; thousands of his subjects from these his letters , are most confident , that his enemies had not now been triumphant . but the notice of such mattters , serveth not the turnes of these men , nor can their coloured eyes , see any thing of this nature in these letters ; faults and errors , only are thought worthy their observance , of which they fancy , they have espied great plenty , in the king and queen both . the queens faults , though ( for shew sake ) they have branched them out into many particulars , may all be reduced to one , and that is loving of her husband . indeed they begin their complaints against her , with saying , she is implacable to our religion , nation , government , but they can instance neither in word or action , to make the same appear conjecturall ; only they tell us afterward , of her great care , that our bishops be provided for , ( and the blessing of god be upon her for it : ) they hope that people doe still beleeve , that bishops were enemies to all good , and therefore if the queen doth but manifest any respect to them , in their present affliction and persecution , it doth sufficiently speak her implacablenesse to our religion , nation , government . well , i wish with my soul , that the men of westminster had proved themselves no worse affected , to our religion , nation , and government , then the queen hath done ; for then i am sure , they had all still been in a most flourishing and happy condition . but the queen being the kings wife , must help to bear her husbands burden of blame as well as sorrow ; even as it shall please these his vassalls to cast it on her. indeed they tell us also afterward , out of paper . that the queen desires the disbanding of the parliament : in which perhaps they would have her thought an enemy to our religion , nation , government : but we shall first read her words , and then we may judge whether they import such an interpretation : the queen writing to the king from york saith : i understand to day from london , that they will have no cessation , and that they treat at the beginning of the two first articles , and afterward of the disbanding of the army ; certainly i wish a peace more then any , and that with greater reason , but i would the disbanding of the perpetuall parliament first ; and , certainly the rest will be easily afterwards : i doe not say this of mine own head alone , for generally those that are for you , and against you in this country wish an end of it . these be the queenes words entirely . she desires a peace more then any , and in order to that , she wisheth a disbanding of the perpetuall parliament , because otherwise , peace is never likely to be had ; and this is not the judgement of herselfe alone , but of all in generall : that are both for and against the king , in that country : wherefore if this be an argument of the queenes enmity against our religion , nation , government , then all those that are both for , and against the king , in that county of york-shire are enemies as well as she , because they joyne with her in wishing an end to the warre , and restoration of peace unto the kingdome . but ( by the way ) i wonder why they should tax the queen with implacablenesse to our government ? is not that of our nation monarchiall , and that of our church episcopall ? and her husband the head and upholder of both ? can the queen then be beleeved to be disaffected to either of these ? the men ( doubtlesse ) have lost their senses , together with their loyalty . * concerning her majesties affection to our religion and nation , let me be bold ( though one of the meanest ) upon this occasion , to give a testimony unto my country-men , from mine own experience : those english protestants who have been in france , in these times of persecution , cannot but witnesse the same with me : and say , that the queen hath been to the uttermost of her power , a most tender carefull nursing mother , both to our religion and nation , in that her native kingdome ; for by her sole meanes and great industry , we had places allowed us , to meet together to serve god in ( even publickly ) after the english manner , in each of which , gods word was faithfully preached on the lords day , and truly read , together with divine service twice a day throughout the week ; wherunto she was careful that her own servants of our nation and religion ( whereof she hath many ) should duly and constantly resort ; which great priviledge and favour to us , was looked on with much regret and spleen by some jesuited papists , who wickedly reproached her majesty for the same , exclaiming upon her for a lutheran , and a protestant , even because she had manifested such love to our nation and religion , in providing for us these sinagogues : which rebukes and reproaches she ( good princesse ) was content for our sakes , to bear with meeknesse and patience ; undoubtedly it may be easily believed from this sweetnesse and goodnesse of her nature , ( after her receipt of so many abuses from some amongst us ) that had our deportments towards her been such as our religion commandeth , she might ere this , in all probabilities have preferred the same before her own ; even as she hath done our nation ; many have heard her at a wel furnished table say , one of these dishes in england , with my husband and children ( might i but enjoy it there in peace ) would please me better , and be sweeter to me , then all this plenty in this place . so great is her affection to our nation ; ( whose great ingratitude and unkindnesse to her , so unbecoming the gospel , the lord pardon . ) let the reader pardon this digression : her majesties wronged innocence , and the truth did extort it from me : i return now to her accusers : from whom i learn , that her majesties main and proper fault is loving her husband , and this ( i confesse ) they evidence at large , from many quotatious out of her several letters , as first ( they say ) she performs the office of a resident for him in france , and is restlesse even to the neglect of her own health , to assist him ( against them his enemies . ) . she vows ( they say ) to die by famine , rather then fail him , in her faithful endevours . . she confines not her agency to france , but sollicites other princes also for shipping in his aid . . she sends armes into scotland to mountrosse ; and many such like particulars they alleage , which doth abundantly evidence this her fault of loving her husband : nay , and the most heinous matter of all is the counsels which she gives him , namely , to be suspicious in his treaties with them ( who have deceived him so much already ▪ ) to take heed of his own safety amongst them ; and not to think himself safe any longer , then he defends his friends that have served him : for which they quote , pap. . these they call counsels of very pernicious consequence , of which nature also , is that manifestation of her judgment , that peace cannot be safe to the king , without a regiment for his guard , ( a la mode de france ) ( say they ) they might as wel have said , a la mode du parliament ; and of all this , they alleage their punctual proofs out of these letters : wherefore 't is very plain , that the queen is guilty of a most dear and tender affection to the king her husband , and in order to him , she desires the welfare of all his friends : and for this cause , is deemed by these men , a fit object of abuse and hatred . but truly , if i did not evidently see them to be given up to blindnesse of mind , by reason of that malice which is in them ; i should much admire , at their folly in these their exceptions , against the queen . i dare say , that henry burtons wife , or john basticks wife , might have done ful as much for their husbands , when time was , ( had they bin in a like capacity ) and bin no whit blamed by these men for the same : nay , they should have been commended rather for such testimonies of their faithfulnesse and affection . o but the queens fortune is to be the kings wife , and therefore she must not look to find such grace and favour in the eyes of these jolly men ; as to have that in her not censured for a fault , which in mean women is entitled virtue . nay , i am further confident , that if this truly royal mary , wife to our soveraign charls , had like that queen isabella , wife to our edward the d. joyned issue with some of the enemies against the king her husband , she should have bin in as high account with these , as that other was with the rebels of those days : her difference in religion should have bred no dis-affection at all in them towards her ; for 't is not so much an unity in that which they desire and aime at , ( as to all is plainly apparent , from that multiplicity of religions allowed amongst them ) if there be but a facile community another way , in things more sensible : it wil abundantly serve the turn , to give satisfaction to these blessed reformers . but because the queen is chara fidaque marito , dear and faithful to her lord and husband : therefore must she be exclaimed upon , and hated ; yea , hunted and forced out of the kingdom , by certain wise and wel-bred gentlemen , ( as they would be accounted ) that rule the rost at westminster : who , if they could but lay hands upon her , would also murder her , for with open mouth they have charged her already with no lesse then treason , ( treason against the new-state forsooth ) even for her affectionate adherence , unto the king her husband , in these times of his affliction . observe it ( i beseech you ) and consider well of it , o all ye princes and nobles of the world , and all you that are true gentlemen of what nation and kingdome soever , and say , whether you ever read or heard of the like ! behold , here a most royall lady , of most noble and high vertues , and incomparable parts ; great henries daughter , sister to the late french king , and aunt unto the present , and queen of england , who hath been defamed , sclandered , reviled , railed upon , shot at , persecuted , and driven to banishment ; brought upon the publick stage for a traitour , condemned and threatned with death , and forced to fly into other countries , to preserve her selfe in being , ( like that woman in the revelation , from the face of the dragon ) and all this onely for her faithfulnesse and loyal affections to her husband in his distresse : consider of this thing i beseech you , and speak your minds . and you my country-men of england in general , examine your thoughts , and then say , hocci●e est humanum factum aut inceptum ? is there any generosity , nay , any humanity in such dealings ? can you imagine that such demeanours towards such a personage , will be ever chronicled to our nations praise , or read by posterity with approbation ? was ever such harsh , and hellish usage offered by the hands of english men before now , to a daughter of france ? duke reiners daughter , ( wife to that good , though most unfortunate king henry ▪ the . ) was used much better by richard the third , she had no such despights offered to her person , because a woman , and though she brought much forrein aid into the kingdome , yet was she not ( as i read ) ever accused of treason for the same ; she was ra●her interpreted to have done thereby , her proper duty to her husband : no man ( i am sure ) can say that our protestant religion allows of this behaviour ; or that our holy mother church , did ever feed any of her children with such nourishment , as should cause them to break out into such exorbitancies ; her milk was alwaies seasoned with the doctrines of humility , reverence , civility , gentlenesse , affability , and gratiousnesse of conversation to people of all sorts , even to inferiours and to enemies . much more to superiours and to friends . surely if this our ( once most generous and courteous ) nation , had not now ( in too great a measure ) layed aside common humanity , as well as grace : were there but this one reason , which i shall name , it would be abundantly enough , to make this queen most dear and precious in all our apprehensions , scib. for that she hath been , tam partu potens , & ●tero toties enixa gravi pignora pacis , she hath so highly enriched this kingdome from her fruitful and chast womb , with so many sweet and royal pledges of future happinesse , as few queens before her have done ever the like . but o my dear country , thou art fallen , thou art fallen from thine ancient glory ; for thou hast brought forth in this thine unhappy age , a generation of vipers , who have laboured to destroy both religion and good manners in thee , and by whose operation stigii profundi claustra & obscuri specus laxantur , hels own self is broak loose into thee : the lord in mercy yet once again vouchsafe a gracious look upon thee . but ( by the way ) who can choose but admire the strength of malice ? because these men themselves do hate the king , they cannot abide that so much as his queen should love him : they have robbed him of the hearts of his people ; the comforts of his crown , and it grieves them they cannot alienate from him the affections of his wife , the comforts of his bosome ; they grutch him the enjoyment of her love at a distance . how have they by their spightfull promulgation of the paper , ( which was written twenty years before , and no whit concerneth them at all ) endevoured to work in her , an alienation from him : and by that they say upon pap. . to weaken the duty of his son towards him : but praised be the majesty of heaven for it ; those that are most neerly his own , cannot be loosened from him : though of all princes he is most unhappy , in too ma●y of his people , yet is he most blessed of all men , in his wife and progeny : never had husband a more loving spouse ; never had parent more sweet conditioned and respectfull children , then our soveraign hath of the prince of wales , and * duke of york ; and as our prayers , so our hopes are , that gods grace wil so preserve and keep those other princes , whom the rebels have got into their bondage , that not all the temptations they can use , shall ever make them decline from duty . but further , ( as if there were no cause of fear at all on her part ) they tax the queen for being jealous of her husbands safety , if he should venture himself to go amongst them : truly considering the spirit they are of , if she should , in her tendernesse fear , they might entertain him , thyestaeis dapibus , seeing they have wherewithall to do it , i should not think her worthy to be blamed : which thing how horrid and incredible so ever , the hear-say of , may seem to people , before it is done ; yet should the same be acted by order from the lower house , and voted meet in that manner to torment the king : many of the vulgar are in such a captivity of judgement to them , that they would quickly cry it up for a most remarkable and comely act of justice . and let reason speak in the queens case ; she hath had ample experience of their inveterate malice against her husband ; full testimonies of their bloudy dispositions , both against him , and her self : besides her own father was murdered by an assassinate of theirs , who hold the principle of king-killing , as these men do : may not she therfore being a tender lady , and ful of affections be excused by all men , if she fears the like may befall her husband ? and for prevention thereof , desireth he should have a regiment for his guard , ( which themselves onely interpret should be , a la mode de france . yea , * and why may he not have a regiment of scots , for his guard a la mode france ? ( the scots are his country-men ) to defend him from them and their assassinates , who have authorized this pamphlet against him , for the ends aforesaid . but to conclude this particular ; let these virulent men speak their pleasure against the queen : i hope ( by this time ) the world hath sufficient knowledge of them to her honour ; she being the object of their hate , cannot but be a map of goodnesse . and most noble queen , ( if one of the meanest , and most obscure of your majesties subjects , may presume to speak to so great a princesse ) let me assure your highnesse ; however these english catalines have censured your virtues ▪ and abused you for them : yet there be many thousands of true protestant english hearts , who ( according as our religion teacheth ) have you in the most high esteem of all earthly women , for your tender care , and constant fastnesse to our soveraign , in these times of trouble ; your zealous endevours to assist him , hath so increased the flame of our loyal affections towards you , that we are confident the whole floud of waters which the many-headed dragon throws out of his mouth , shal never be able to extinguish it in us : yea , and by the strength of that grace , which our holy religion hath wrought in us , we shal never cease night and day , to make you the special subject of our prayers , until we see you restored with honour to your throne amongst us ; or hear that you are advanced with glory to your seat in heaven : and let your excellent goodnesse ( i beseech you ) pardon your vassal this great boldnesse . sect . xxi . of the kings fault in loving his wife : the manifest and malicious falsifications and perversions of divers of the kings expressions to his queen noted . thus have i examined the queens faults ; and ( notwithstanding the ponderous aggravations , which these enemies of honour and virtuous ladies , do set them forth withall ) have found them light and easie : i come now to see what they say further against the king , whom they do accuse in the first place , for loving his wife again ; as wel ( it should seem ) as she loves him . it is manifest that ( notwithstanding their late extraordinary great successe ) these mens hearts are not yet freed from jealousies and fears : they are suspicious stil of conspiracies ; yea , that the king and queen have entred into a covenant to love each other , for to spight them , in giving them a good example in cases of like nature . they tel us , that he communicates his thoughts and affairs unto her , and though she be the weaker sex , yet he makes her privy to his secrets , and takes advise and counsel from her ; yea , and more then this they say , he professes to prefer her health before his worldly affairs , for which they bid us see paper . which we have done , and the world shall hear what we have there seen . that letter was written by his majesty to the queen , january . . immediately after his taking of leicester , wherein he hath only ( to this purpose ) these words , i must tel thee , that 't is thy letter by fitz williams assuring me of thy perfect recovery , with thy wonted kindnesse , which makes me capable of taking contentment in these good successes : for as divers men , propose several recompenses for themselves ▪ for their pains and hazard in this rebellion : so thy company is the only reward i expect and wish for . these two last lines were scraped by miles corbet the examiner , for the printer to put into a different character , that the reader might the better observe , the kings fault in them : but fearing the dulnesse of mens capacities , ( if let alone to themselves ) these quick-scented note-mongers have put too their helping hand , and collected from them , that the king professes to prefer the queens health , before the exigence , and importance of his own publick affaires ; and they hope that people will from hence believe , that he prefers his private affections to his wife , before the care of the whole common-wealth ; and therefore will judge it very fit , that he be not onely put by his office , ( for that he is already by his new masters at westminster ) but also kept out for ever , and never trusted more , with any affaires of importancy . and further they accuse him , for avowing constancy to his wife , and ( as they expresse it ) to her grounds and documents : which they would have the reader apprehend to be , to whatsoever the queen had already , or hereafter should propound unto him , concerning religion , and the government of the common-wealth : to which purpose also , they say ; that his counsels are wholly managed by the queen , though she be of the weaker sex , born an alien , bred up in a contrary religion ; yet nothing , great or small ( say they ) is transacted without her privity and consent . and for this they quote paper . by all which it is apparent , they would have it believed , that as divers mens wives , ( being of masterly dispositions ) do take upon them , to command their husbands , so the queen doth take it upon her , to rule the king , and all his affaires : and as many men have submitted themselves to their wives yoake , so hath the king yeilded up himself to his queens direction : and therefore they hope that people have wit enough , to conclude from hence ; that it is not fit the government of this church and kingdom , should remain in such hands as heretofore ; but rather in the hands of his great and wise counsel , who are men , all of this nation , and bred up in the protestant religion , and so fitter in all respects , then the queen is , who is one of the weaker sex , born an alien , and bred up in a contrary religion . this mischievous suggestion , ( if swallowed for a truth ) may be of dangerous consequent : and therefore i hold it necessary , to shew the falsity of it , which i shall plainly do , both from these letters which these calumniators have published for their own pernitious purpose , and also from their own very words and confessions in another place of these their annotations . . the queen is far from that disposition , to take upon her to rule her husband , wholly , and in all things , ( as they would have it beleeved : ) for the direct contrary is most apparent in paper . where she submits her self , wholly to his direction , and desires him to send her his commands , concerning a particular business , that she was requested to write about , affirming that she neither would , nor durst , do any thing in it without his direction : her words are these . i thought it to be a matter of so great ingagement , that i dare not do it , without your commnad ; therefore if it please you , that i should do so , send me what you would have me write , that i may not doe more then what you appoint . had she been of such an imperious spirit , towards her husband , as these her back-friends report her , and would have her supposed , surely , she had never writ , so like an obedient wife for his commands , and particular directions : thus the queen is cleared . secondly , neither is the king , ( as they suggest ) of so subjective a nature , as to submit his affaires wholly to his wives guidance , ( were she , as she is not , ambitious of the same ) he is more a man , then to forget himself to be an husband ; if the . paper be observed , it will be clearly evident , that the king was never so weakly uxorious , no not the first year of his marriage , ( when in most men affection prevaileth over judgement ) as to lose any whit of his husbandly authority in matters of houshold government , he would not consent to any thing , ( though of private concernment ) which was either unfit for her as a wife to undertake , or for himself , as an husband to permit : and is there any liklyhood , he should now have submitted all his publick affaires , and kingly councells , wholly to her managemeet , and disposall ? no man of wisdome or reason can beleeve it . if that which is intimated in the said letter concerning the queens disposition , when she was young , and yet unacquainted with her husbands instructions , be compared with her present dependance upon his commands ( already proved ) and that abundant readinesse now in her , to do him service , ( which these men so tax and blame her for : ) there will appeare to every eye , not onely the kings pious discretion , and the queens godly obedience , but also gods gratious blessing , of his endeavours upon her spirit : and doubtlesse this inward benefit received from him , is a ground of her more strong , and fervent affection towards him : and makes her resolve , rather to neglect her own health , yea to die by famine , then to be failing in her negotiations for him. a full compliance in all things , but rarely found , between man and wife at their first meeting ; nor is the same so perfectly effected afterward , in many persons , as is evident to be in this royall paire ; for either the husband wants that wisdome and care to work it , which the king had ; or the wife that goodnesse of disposition to be wrought upon , as was in the queen : i could name some lords and gentlemen too , amongst the kings enemies , who were never so notable for wit or honesty , as to seek their wives conformity in this christian way , as their prince hath done : but i spare them now , and return to the thing in hand . it is probable ( at least ) by this time , that the kings councels , rule the queen , and not the queens him : ( as these slanderers say ) but to put the matter quite out of doubt ; let us listen to what these very men say themselves , to this purpose , in the next page , where among other railing expressions against the king , ( forgetting what they had said before ) they affirm , that as he surpasseth the queen in acts of hostility , so in the way of managing the same , scil ▪ with more close and deep secresie : and a little after they tell us , that he urgeth the queen to make personall friendship , with the queen of france , ( they do not like the word friendship ) and ( say they ) he doth furnish the queen , with dexterous polli●ies , and arguments to work upon the ministers of state in france : all which , ( as i apprehend ) ▪ puts the plain lie , upon that their former charge , which they had took such paines about to collect from the fifth and . papers , which now also , wee will looke into , for the further manifestation of their honestie . the fifth paper , ( from whence they collect , that the king vows constancy to the queens grounds and documents ) was written jan. . . when there was a way making for the treaty at uxbridge ; and a rumor of somewhat the king would do , had beed presented to the queen ( as appears by the letter ) in the ugliest form , which also her love to her husband might make more affrightfull , ( perhaps it was that , he would trust his person among them . ) but what ever it was , it seemes the queen had writ thereof unto the king , in her former letter , and receives his answer in these words . if thou hast not patience to forbeare judging harshly of my actions , before thou hearest the reasons of them , from me , thou mayest be often subject to be doubly vexed , first with slanders , then with having given too much eare unto them : to conclude , esteeme me as thou findest me , constant to those grounds , thou leftest me withall . now from hence they gather , that the king vowes constancy to the queens grounds and documents : as if at her going away , she had left certain grounds and documents , as rules of direction , for the king to go by : whereas the words are not , to the grounds thou leftst with me , ( as then they ought to have been ; ) but to those thou leftst me withall , that is , which i had formerly resolved upon , thou shalt finde me constant in my ways and purposes : i am still the same i was , when thou leftst mee , and thou shalt never find me swarving from the grounds of conscience , justice , and honour , which thou knowest me to be balanced withall . let the world now judge of the honesty and truth of these observatours , by this their manifest forgery ; and of the honour which the parliament have purchased to themselves , in publishing this observation by speciall order . the . paper , ( from whence they conclude , that the kings councels are wholly managed by the queen , and nothing small or great is transact without her privity and consent ) begins thus . deare heart , i never till now knew the good of ignorance , for i did not know , the danger thou wert in by the storme , before i had an assurance of thy happy escape . — i think it not the least of my misfortunes , that for my sake thou hast run so much hazard , in which thou hast expressed so much love to me , that i confesse it is impossible to repay by any thing , i can doe , much lesse by words , but my heart being full of affections to thee , admiration of thee , and impatient passion of gratitude to thee , i could not but say something , leaving the rest to be read by thee out of thine owne noble heart . by which words ( we see ) that the letter was writ to the queen , after she had lately been in a great danger by sea , even to the hazard of her life , for the kings sake ▪ and had thereby , as also by her discreet and faithfull management of affaires for him beyond the seas , given the largest testimonies of her true affection , as in his judgement could possibly be given . now ( therefore ) if in his passion of gratitude , ( to use his own phrase ) he had professed to make her of his councell in all his affaires ; yea and that he would thenceforth , think it a wrong to her , to do any thing without her : i beleeve it would have been , ( with men not disposed to quarrell ) a very excusable errour . some more expressions then ordinary , or con●ugall indulgence are allowable to any wife , after so great an affright , and danger , ( as must needs be supposed the queen was in ) to revive and lighten her spirit again : but to a queen , to a kings daughter , to a lady of such splendour and parts ; that had run so great an hazard , as a greater could not be imagined , for the love of her husband : what wel-bred gentleman under the sun , but will blush to say , that any expression of esteem , can be too honourable , or too high to be used unto her ? but if we look further yet into the paper , unto the words which they ground their observation upon ; we shall find them ●ttered upon another particular occasion : for when his majestie had testified his joy , in gratulating his queens deliv●●ance , he discourseth to her of another matter , scil . of his being persecuted ( it is his own word ) for places with importunity of suitors , whereby he was put to a kind of distresse , for an evasion , that he might not ( if possible ) offend any , by granting to some , what others also gaped after : ( for , alas , such hath been the condition of our good king , that he hath been forced to feare to offend : and such hath been his infelicity , that too many of those that served him , did more seek themselves then him , proposing , ( as himself saies in another place ) severall recompences to themselves , for their paines and hazard in this rebellion , and if to one was granted , what others expected , and sued for , these being frustrate of their expectations , conceiving themselves slighted , have grown sullen upon it , and no more service would they do ; nay peradventure dis-service rather , to revenge themselves upon him : and happy had it been if all suitors for places , had been discarded , at their first appearance : for doubtlesse those of best desert , and most faithfulnesse , have had more modesty and wisdome , then to persecute and torment the king with any such selvish motions , in these times of distraction , as might any way tend to his disadvantage : but the king tells the queen in that his letter of those his straits , and how he delivered himselfe : i answered , ( saies he ) that having professed to have thy advise , it were a wrong to thee , to do any thing before i had it . this is all ; yet from hence these nimble-witted , spacious conceited fellows , make shift to collect all this long matter , and that plainly too , ( as they think : ) it is plain ( say they ) here , that the kings councels , are wholly ( or altogether ) managed by the queen , though she be of the weaker sex , born an alien , bred up in a contrary religion , yet nothing great or small is trans-acted without her privity , and consent , and for this see paper . truly ( i hope ) all the world sees , that this adds but little more to the credit of the authorizers of this pamphlet , then the former observation did . and thus have i also discovered the vanity of their exceptions against the king , for his loving the queen . sect . xxii . of the kings fault in labouring to uphold monarchy . his soliciting the king of denmark to this purpose , no whit contradictive , to his former resolutions of not calling in forrein aid . another grand particular ( beside this ) they have against him , and that is , his imploying collon●ll cockram , to solicite the king of denmarkes assistance : whence they conclude thus , he makes not onely papists our enemies for religion sake , but all princes ( though protestants ) for monarchy sake . from whence all people must learne and beleeve three things . . that 't is onely religion , and nothing but their religion , which the king doth oppose these men for ; yea , and for their pure religion it is , that he makes papists their enemies . . that 't is an heinous crime , and sin in the king , to endeavour to maintain monarchy ; or to solicite any princes , though protestants , and of his owne nearest bloud and alliance beside , to aide him therein . . that all princes are contained , and included in the king of denmarke , for in the kings soliciting him , he solicites all them : whence by the way , we may also observe ; how provident these times are , in providing for the credit of their future clergy : for 't is ( doubtlesse ) for their sakes , that an argument à singularibus ad universalia , is here ( amongst other like stuffe ) made pa●●able and good , by authority and speciall order of parliament . concerning the religion of these men , it hath been made apparent already , that the fruits and effects of it , speake it to be such a one , as deserves the hatred of all men , though it cannot under any proper name be the object of the kings opposition ; for no man can directly say what it is ; themselves are not yet resolved upon it , nor what to call it ; but whatever is the ground of the kings opposing them , 't is evident that the cause of their resisting him , ( which i hope all christian princes will take speciall notice of ) is for monarchy sake , he would maintaine monarchy ; he will not tamely admit the downfall of monarchy , in this noble kingdome ; which these men ( as appears by their owne words ) would faine effect , and therefore they thus persecute him , and exclaim upon him : nor are they either ashamed or affraid to intimate the same to the whole world ; let all the monarchs of the earth , take it as an open defyance if they please , they thinke themselves able to grapple with them all , yea , they and their faction , ( where ere they prevaile ) are resolved not to leave a monarch standing . i desire of all you , his majesties subjects of great brittain and ireland , who have unfortunately been seduced by this faction , but to observe well this discovery which themselves have made ( by this passage ) of their own intentions : they have told you oft , and perhaps may tell you againe , by some impudent speech or declaration , that they intend still to maintaine true religion , and monarchy in this kingdome , to have a king over them , and that they be only ill tongues & enemies to parliaments , that say otherwise , &c. but i beseech you , beleeve not a word they say to this purpose , for god hath here made their owne tongues and pens to betray their hearts for your sakes , that you might speedily withdraw your selves , from their seduction ; and not be their instruments to embrew your hands in the bloud of your soveraigne ; and to take from him , his inheritance , who hath alway defended you in yours , with peace and plenty ; till by their fraud and violence , he was disabled , and how have you enjoyed your selves , and comforts since , let your experience speak it to your owne hearts . be you assured ( from what you have felt ) that monarchy is the protection of this nation , and of you the good people in it : call but to minde the daies past , when a monarch only had the militia in his disposing , quàm placide po●ens dominusque vitae , how pleasingly powerfull was he in the use of it ? with what innocent hands did he sway the scepter ? how unbloudy was his whole raigne ? how tender and sparing of the lives of his subjects ? populus iste non bella nôr●t , non tubae fermitu● truces , non arma gentes cingeres assuêrant suas muris nec urbes , we knew not what warres or alarums meant , nor did we need weapons to protect our selves , nor walls to defend our cities , pervium cunctis iter , every man might travaile safely , & communis usus omnium rerum fuit , there was a common use of all common blessings , yea , and every man beside without disturbance , enjoyed the comfort of his own labours . but since monarchiall government hath been obscured by these mens introduction of themselves , upon the stage of action , what hath been in practise amongst us , but all kind of oppression , tyranny , injustice and villany ? whereof i heartily wish that your experience did need my further information ; wherefore i pray take speciall notice of this passage , 't is published you see , to the world by authority of parliament , yea , by their speciall order , and therefore you have reason to beleeve it , to be the true intent of their hearts : and the rather , because 't is so agreeable to all their actions ; ( yea , though the contrary should be told you hereafter by the same authority . ) be it known ( i say ) unto you all , and remember it well , the end of all these warres and fightings against the king , is to destroy monarchy in this kingdome , and to keepe you the free-borne subjects of it , in this turbulent , slavish , and underly condition whereunto a few of your tyrannicall fellow-subjects have already brought you : they tell you sometimes , that 't is the militia of the kingdome onely ▪ which they would have settled in good hands , and the king shall be king still ; but your experience have taught you , that no hands are so good as his ; neither can the kings bare title be able to defend you in your possession . they tell you that they will defend you ; but you have payed for so much wit , as to judge of what you shall have , by what you have had already from them : therefore as no man having tasted old wine , straightway desireth new , ( viz. if he be also acquainted with the relish of the new ) for he saies the old is better ; so you having had a sufficient tast of both governments , the monarchicall , and the other new one ( which we cannot yet tell by what name to call ) have no reason by any meanes , to allow of this , since you are so sure that the old is better . in a word , let this conclusion be rooted in your hearts , which experience hath in part confirmed unto your senses , that as the moone and starres would fall infinitly short of that bright lustre , which now they have , if the sunne were stripped of his abundant shining ; so take from the king , his royall prerogative , let him be as a king and no king , and all the people great and small will quickly feel , that from his flourishing condition proceeded all their happinesse . i shall not here need to spend time in shewing the excellency of monarchy above all other governments , and the fitnesse of it for this nation ; abler pens have done that abundantly , since the beginning of this unreasonable rebellion ; only this i say , to introduce any other forme into this kingdome , is a new thing never yet in being here , and therefore i apprehend such an act to be a perfect opposition unto gods revealed will , whosoever be the agents in it ; for as the saying is , qui mala introducit , voluntatem dei oppugnat revelatum in verbo , qui nova introducit voluntatem dei oppugnat revelatum in rebus , and therefore i advise all statesmen consulere providentiam dei cum verbo dei , to take councell of gods providence , as well as of his word , in cases of this nature . but i returne again to these men . who would have us , by these their words , ( of his maj. soliciting the king of denmark , and in him all other princes ) to take notice that he calls in forraign aide : which fault they amplifie over and over in other places , for though themselves may , without offence or sinne , call in another nation , and hire them ( with i know not how many . pounds a moneth ) to help them cut the throats of their country-men ; yea , and may make use of any forreiners in the world , of what nation , religion , or spirit soever they be to help them to destroy and pull down monarchy ; yet the king may not without exclamation , desire the aide of a protestant prince , no not of his neerest kinsman , the king of denmark to uphold the same . but what is the reason that the king must be confined to this restraint , & themselves walk so much at liberty ? why they tell us , at the end of their notes , that the king had made resolutions and promises , that he would never bring in forreine forces . which themselues indeed never did , nor ever intended , for doubtlesse they resolved at first , to bring their defignes to passe by any meanes , and rather then faile , to get assistance flectere si superos nequeunt achero●●a movere , and therefore themselves are free , and do as they please , whereas the king is entangled in his own promises . they say pag. . as to the bringing in of forrain forces , the king , mar. . . in his declaration from newmarket saith , whatsoever you are advertised from rome , venice , paris , of the popes nuncios soliciting , spain , and france , for forrain ●ydes , we are confident no sober honest man , can beleeve us so desperate or senselesse , to entertain such designes , as would not onely bury this our kingdome in soddain destruction and ruine , but our name and posterity in perpetuall scorn and infamy . also they tell us of other words , which the king spoke some three weeks after , to the same purpose , which indeed ( as i take it ) do expresse the inward ground and motive , that caused him to speak the former , viz. we have neither so ill an opinion of our own merits , or the affections of our subjects , as to think our self in need of forraigne force . also august the . in his speech to the gentry of york-shire the king acknowledgeth ( say they ) that he is wholly cast upon the affections of his people , having no hope but in god , his just cause , and the love of his subjects . now these observators having quoted these three expressions of the king , do conclude , saying , what distinction can now satisfie us , that neither irish , french , lorrai●ers , dutch , danes , are forreiners ? to which i answer ; first for the irish , they are no more forreiners then the scots are , nor in some respect so much ; for ireland hath been a dependant unto the crown of england , many hundred yeers before scotland was : and then for french , lorrai●ers , dutch , and danes , i shall answer concerning them , when they are landed , for the kings assistance : and in the meane time it would be but just , that they should satisfie us , that neither the irish , scots , french , burg●ndi●●● , dutch , wall●ns , itali●ns that are already in their armies , are neither papists nor forreiners , as i said before , the time and place is known to many , where neere . of their men being taken were * examined , and found to be of six severall nations , all forreiners , and all papists . but these words of the king alleadged by these men against him , do plainly discover to every honest eye , that his majesties designe was , never to use any but his own subjects ; nor did he think it possible , ( and the rather in regard of his own good merits ) that people so long instructed in protestant religion , should ever prove so ungratefull , as to force him ( their prince ) to stand in need of forreigne assistance : and therefore the heads of the faction , having in their malicious policy , ( to work feares and jealousies against him ) told the people , that the popes nuncio ( that great bulbegger ) was soliciting both in spain and france the kings businesse for forreigne aides : and of this they said they were advertized , from venis , and paris , yea , and from rome it self ; ( with which it seems they held intelligence even from the very beginning . ) * now to remove this foolish vanity , and to retaine a clearnesse in his peoples hearts , the king expressed himself in that sort unto them ; assuring them that they were all forgeries against him ; and that he did wholly cast himself upon the affections of his people , and was confident that no sober man , could beleeve him so senselesse , as to entertaine such a designe , which would have been so detrimentall both to himself and his kindom ; and in very deed , if before he had tryed his own people , he had called in such armies of forreiners , as they reported , it must needs have been confessed a desperate part in him , & a mean to have brought a suddain destruction upon his kingdome , and a perpetuall infamy upon his name . but if after three yeares , ( as long as was allowed to the fig-tree in the gospell ) the king finding his subjects unfaithfull and cold in their affections towards him : nay more , perceiving by so long experience , that their endeavours were to take from him both his life , and his inheritance , yea , and his honour too , and that they abused his good opinion of them , by mis-interpreting his professions unto them ; and conceiving him tyed thereby , from using others help , for defence of himselfe and monarchy : i beleeve if he had or should alter his resolution , and call in any prince in christendome to his assistance , in the maintenance of regall authority , which god hath intrusted him withall : and of that government , ( which as the most absolute ) god established among his own people , and hath alway blessed this nation under ; ( he being utterly disabled to do it otherwise ) it should be reckoned by the almighty , at the great day , ( if any fault at all ) but among his infirmisies : yea and if destruction thereby , should fortune to come to the whole kingdome , the whole infamy and guilt thereof , should be charged upon the heads of these his most perverse and injurious people ; even as that of jerusalem by titus vespasian is laid upon the seditious , that were therein , even unto this day . but my humble prayer to the almighty is , that he would yet please to spare us , and to bestow his grace at length upon the people of this land , that they might cease provoking his divine majestie , to punish that way , this so horrid a sin , and so high abuses to his own annointed . and thus i have done also with this particular . sect . xxiii . . the libellers cavills at the word mongrill parliament : at the commissioners for the treaty at uxbridge : at the kings pawning his jewels , answered . . his majesties affection and goodnesse to his subjects ( for want of other matters ) objected as a fault against him by these libellers . in the third place they accuse the king , for a slight esteem of his friends at oxford , whom they would fain seduce from him : to which purpose they take great advantage , from a word they finde in one of his letters ( scil . in paper . ) which they dresse up for their own purpose , with . more of their own adding , ( according to their wonted honesty ) and affirm them to be spoken by the king , and applyed to the persons of his friends . but in answer to this matter , ( or word rather ) i shall alleadge the copie of a letter writ by his majesties own hand , to secretary nicholas about the same , i received it also from the mouth of the forementioned gentleman , of whom i had the former , which to another purpose i have set down : he had the perfect copies of both , though at a great distance , but he had so well observed them , that he was confident , he failed but little ( if at all ) in remembring the very words , which to this particular were thus , i am very sorry , that i have been so unfortunate to have my private letters taken by the rebels , but if all mens private thoughts were seen as mine are , i beleeve i should appeare as innocent as any : it may be that many expressions in those letters , might have been prudently omitted , but if one be well understood , i care not although the rest take their fortune , and that is concerning the mungrell parliament at oxford ; indeed when i was disturbed in mine affaires , by sussex and his faction , in my passion i writ so to my wife , but both by the precedent , and subsequent clauses of that letter , it may easily be understood , that i meant it of him and his adherents . and indeed let the letter be read , and to an equall eye , it can appeare no otherwise to be intended then his majestie hath expressed : yet these lyers in wait , do collect from thence , and tell the lords and gentlemen at oxford , that the king despiseth them all , and that onely for their retaining some little conscience to religion ; and because they be not wicked enough to serve his purpose fully ; that is , ( as they say afterward ) to think and act the same things , which the inhumane irish rebels , or the worst forreigne enemies of our religion and state could wish to be done : and thereupon they compare their soveraigne , ( the most religious and gratious prince that ever this nation had ) to richard the third ; who first rejected and then beheaded the duke of buckhingham , because when he had furthered him , in deposing and dis-inheriting the two princes , he was not wicked enough ( say they ) to consent also to the murther of them ; and to advise the lords and gentlemen to take warning by the dukes example , and timely to turn away from the king unto goodnesse , that is , to their society : it is sufficient only that i have related what they say ; that villany needs no further discovery or confutation : onely i adde this , those lords and gentlemen whom they labour to seduce ; and whom love and conscience hath ingaged to their soveraigne , are not capable to be drawn from him by these mens insinuations , or driven from him by their violence : how cheerefully have they all hazarded ( yea many of them sacrificed ) their lives for him ? how joyfully have they endured the spoyling of their goods for his sake ? with what admiration do inferiour men behold the cheerfullnesse and contentednesse of great persons in great afflictions ? and are ready daily to cry out unto them , o christians most truly noble , how much better have you learned christ then we have done ? assuredly as never prince was more unhappy in many of his people then ours is , so never was any more happy in others of them , then he hath been , more truly beloved , more sincerely affected , ( even by some of all sorts ) and this himself hath so well acknowledged , and merited from us ; that our grief is , that we have no more fortunes and estates to lose , nor more lives then one to adventure for him : the libellers doe but labour in vaine , if they think to draw us from our obedience . another thing they lay to his charge in these words ; he seekes treaties in shew , and wins upon the people by that shew , yet chooseth such commissioners , and binds them up , with such instructions , that all accommodation is unpossible : the rancour of this accusation needs no confutation neither : for how reall his majesty hath been in his endeavours for peace , heaven and earth can witnesse ; yea , the very choice of his commissioners , ( as these men well know , notwithstanding their perverse cavills ) sufficiently proves it , being persons of such approved honour , and candid affections to their country ; that none in the nation goes beyond them : and let the directions which the king gave them , be viewed by all men , and judged of ; whether they be such as speak all accommodation impossible ; unlesse with the most unreasonable men living , who will have no peace : o how oft ( as the world knowes ) hath his majesty tendred them pardon for all their unrepairable wrongs done against him ! if they would but let him and his people live in quiet ? yea , how oft hath he been heard in secret to say : o that i knew what i might doe to satisfie these men ! in very deed , what these libellers are pleased to report of the kings commissioners ; was true of those that were sent from the men of westminster ; they were tyed up , ( as themselves in open conference at uxbridge did not stick to acknowledg ) whereas the king declared openly , that he meant not his directions to his commissioners should be obligatory , only by them , he did acquaint them with his sense , and left them free to themselves to doe that which became men of honour : and all this the authors and authorizers of this libell , knew well enough , therefore from this their accusation we onely learne , of what great use sometimes to some men are brasse browes and hard foreheads . they accuse him also for pawning the jewels of the crowne , their anger is , because they escaped their fingers ; they can see no errour in themselves for robbing him of all things el●e , and bringing him to such a distresse , as he was forced to part with them , for supply of his necessities , but they observe a great fault in him , for not suffering himselfe to perish , rather then pawne his owne jewels ; that these men want nothing but matter , appears by this , and will be more evident by and by . for having vented as much poyson , as their venemous skill would serve them , to suck out of the kings inoffensive letters : to lengthen the catalogue , and make the heap shew bigger , they begin to object as faults against him , diverse of his former most affectionate expressions , and desires for the good of his people : hoping that now , they have imbittered mens hearts against him , with their virulent lies and perversions , even his greatest indulgencies will appear distastfull . the first of which they instance in , is his profession , dec. . . which they say , was in these words . i am so farre from repenting of any act done this session , for the good of my people , that if it were to doe againe , i would doe it , and will yet grant whatelse can be justly desired . and he concludes ( say they ) with a recommendation of the business of ireland , and ( finding the preparations for ●he same slow ) againe ( say they ) on december . he is patheticall in quickning them thereunto : thus they . then they are not ashamed to relate the whole story of their own unchristian and currish behaviour towards him : and his most meek and gentle carriage towards them . i need not baulk to repeat , what themselves blush not to set down , which i shall doe as briefly as i can , and with a better heart then they have done it : let the reader but afford patience . sect . xxiiii . the story of the rebels unchristian behaviour toward their soveraigne , and his meeke and gracious carriage towards them , since the beginning of these troubles related by themselves , and their impudency therein noted . they begin thus : notwithstanding all this ( scil . the gratious profession forementioned , and patheticall quickning them for the reliefe of ireland ) the parliament out of their jealousie , did open the indisposition of the whole state , in a plaine and sharp remonstrance ; to which the king answers , ( most mildely indeed , as themselves witnesse , by alleadging his words to be these : ) for the preserving the peace and safety of the kingdome , from the designes of a popish party , we have and will concur with all the just desires of our people , in a parliamentary way . for ireland we thank you for your care and cheerefull ingagement , for the speedy suppression of that rebellion , the glory of god in the protestant profession , the safety of the brittish there , our honour , and this nations so much depending thereupon , &c. your promises to apply your selves to such courses as may support our royall estate with honour and plenty at home , and with power and reputation abroad , is that which we have ever promised our selfe , both from your loyalties and affections . now mark these men : because the king had not answered their rude remonstrance , with a like stile and spirit as they did write it , they quarrell at him , and begin thus : here are words that sound nothing but grace , and here is a cleare testimony from the kings owne mouth , concerning the merit of this nation unto this day : the king had too good an opinion of them , and gave better words of them , then they deserved , and this was his fault ; or else their thirst was strong for bloud , their fingers itched to be fighting with him ; and because by his soft answer to their wilde and unparaleld provocation , they were delayed , and put off from doing mischief , therefore they open the mouth against him : their consciences told them , that the words imported more grace , then belonged unto them , therefore they cry , they are but bare words : and to perswade others thereunto , they adde , but notwithstauding these promises and testimonies , the king discovers more and more regret for straffords execution , ( as if it were impossible the kings regret for that , and these promises should be consistent ) yea and ( say they ) he sticks closer to the councells of the same faction , ( but who were of that faction , could never be named unto this day , onely all in generall , that were loyall and loved the king , or hated rebellion , sedition and bloud , since straffords death , have been esteemed of straffords faction . ) then they tell us of a businesse , which they had published to the world , at least an hundred times before , and repeated over , ( for want of other matter ) nine severall times in one of their particular declarations ; and for peoples better observance of it , lest happily we had forgot it , they again relate it , scil . the kings charge of treason against the six members : his comming to the house to require justice against them : ( though they never mention , how the king was provoked thereto , by their neglect , and contempt of his messages , sent formerly unto the house to the same purpose : ) and this ( say they ) was the fatall commencement of the warre ( now they had that occasion of quarrell so long thirsted after ) for the house declares the next day , that themselves could not sit in safety any longer at westminster , and thereupon adjourne for some dayes , and retire into the city , require a guard , which the king dislikes , with these expressions . we are ignorant of the grounds of your apprehensions , but protest before the face of almighty god , had we any knowledge or belief , of the least designe in any , of violence either formerly , or at this time against you , we would pursue them to condigne punishment ; with the same severity , and detestation , as we would the greatest attempt upon our crown : and we do ingage solemnly the word of a king , that the security of every one of you from violence , is , and shall be ever , as much our care as the preservation of us and our children . these words of the king ( they confesse ) were sweetly tempered , but ( say they ) won no beli●f , ( for they were resolved to go on in their way , and a guard they would have against his will , if not with it : yea , and the tower of london , rendred up into their hands to boot ) wherefore the major , aldermen , and common-councell of the city , are set awork to move for it , that the same may be disposed of to persons of trust . the king answers , that his reception of such an unusuall request , is a sufficient instance of his singular estimation he hath of the good affections of the city , which he beleeves in gratitude will never be wanting to his just demands and service . from which they gather : that the king speakes nothing hitherto , but in justification of the parliament and peoples loyaltie : it seemes he had not yet learned to amend his errour , in speaking better of them , then they deserved . then they go on and mention the tumults about white-hall , of which they speak very sparingly , as if they had been raised neither by the rabble , as ( they say ) the king imputed them , nor yet by the kings party , ( as they had formerly affirmed ) but by their owne very selves , saying , they amounted to no warre , viz. to no such bloudy warre yet , as they intended . then they declare us two more of his faults . . the kings declining the pr●secution of the six members , as if themselves had offered them to the tryall of law , but he having nothing to charge them withall , declined the businesse . . his departing the city , which was because * his great councell , would take no order upon his earnest request , to suppresse those unlawfull tumults . he might well think , they desired to have him murdered by the hands of the rabble ▪ and therefore had reason to provide for his safety by departing ; wherein he did according to christs example , when they would have thrown him down headlong . * he departed from among them , ( sayes the text ) and went his way : and according to davids example , who thought it no safe staying for him in jerusalem , when absolom had stollen away the hearts of the people . sam. . yet soon after ( they tell us ) the king sent them a message to state the differences between them on both sides , promising that when they shall be digested into a body fit to be judged of , it shall appeare what he will do . in this ( sure ) the king was in a great errour , thus to send to them about composing differences , when their intended work , was to make , and widen them rather : wherefore wholly neglecting that particular , the house of commons , ( say they ) the lords refusing to joyne , did onely in answer thereto requi●e the tower of london to be at their disposing , and withall , ( for the king ever saved as little , by delaying to grant their first demands , as by yeelding to them ) they require now , that the militia of the whole kingdome , be put into such hands , as they should recommend : to which the king makes a reply , ( which is also to be reckoned among the rest of his faults ) in these words as themselves testifie . that the militia by law is subject to no command , but his owne , which he will reserve to himself as a principall and inseparable flower of his crowne , and professes to take care of peace , and the rights of the subject , equally with his life , or the lives of his dearest children . he further also conjures them , by all acts of duty and favour received , by hopes of future mutuall happinesse , by their love of religion , the peace both of this kingdome , and ireland , not to be transported with feares and jealousies . surely here was enough from the mouth and hand of a religious king to have prevailed with any , that had not before entred into a covenant with hell : but ( say these men ) the parliament could not ( because they would not ) beleeve themselves secured by these professions , and asseverations : and the king would not ( because he could not ) understand , that the setling the militia at this time in confiding hands , to prevent civill war , was any other , then the taking the crown from his head. hinc illa lacrymae ( say they . ) so they are resolved ( it seemes ) at the very first , to raise a civill war , unlesse the king would beleeve that he might put more confidence , in other men , then in himselfe , and that he might maintain his crown and dignity , without having any command over the militia : well yet notwithstanding all these affronts , put upon his majesties faithfulnesse , and these contempts of his gratious asseverations : the king ( say these men ) neverthelesse persists to declare his abhorrence of the irish rebellion , frequently inciting the parliament to send succours , ( which made them more averse thereto , lest the king should please himself , in thinking they regarded him , or his desires in any thing , which ( indeed ) would have been , a very grand errour in him . ) then they relate , how the king abjures any privity to plots and designes against the laws , and makes strict proclamation for putting them in execution against papists , ( who were reported to be the plotters ) that so if possible he might give satisfaction . but the parliament being resolved , do still pursue their own designe , and ( as if it had been the onely businesse , for which the king by his writ did call them together ) they still urge him to settle the militia upon them , and ( as they remember us ) upon his refusall so to do , ( thoughts of peace being laid aside ) they seazed upon the towne of hull , ( his magazine of armes ) without his leave , and held it out against him , and so taught him to seize upon new-castle : and now ( say they ) the warre being thus far advanced , yet it is not agreed , which part was put to the defensive , and ( as it seemes ) to resolve this , the propositions were dispatched to the king : which indeed were the meanes of light to thousands in this kingdome , of discovering the scope of their intentions , namely to be , to ruine the king , and to bring him into a worse condition then his meanest vassals . many men ( whereof my self was one ) did conceive from the grosnesse of them , that they had been divulged , by the speciall endeavo●rs of the kings friends in the house ; for to discover to the world the unreasonablenesse of the then growing turbulent faction ; to the end that peoples spirits might be awakened to appear generally against the same , in the defence of the honour , the rights and liberty of their soveraign . sect . xxv . . their pretences of bringing delinquents to punishment made a ground of the warre : the king acknowledged by his enemies to be on the defensive part . . his majesties good opinion ( a long time ) of the parliament objected as a fault against him by themselves . . the king makes no warre against his parliament evidenced . this conspiracy of traitours at westminster no true parliament fully proved : the conclusion of the answer to the libell . but the maine thing in those . propositions , ( say these men ) were reformation of church-government : that power military and civill might be put into confiding hands : and that justice of parliament might passe upon delinquents ; we grant they were ; for these three containe all the rest . but here i must beg leave of the reader to digresse a little , to speake a word of this last particular , having discussed at large of the two first already . they had , or have two reasons , for their requiring of the king , that justice of parliament might passe upon delinquents . . to punish the kings errour in his requiring the justice of law against six of their members ; it shall cost him the estates and lives of all his friends , ( if they can bring it to passe ) that he may the better remember hereafter to do no more so : his fault was so great and high , in desiring that half a dozen of them , might be tryed by law , that it cannot be expiated , without his yeelding up many thousands of his friends , yea , of all that love him , to be condemned without law , by bare vote , which they call justice of parliament , from which , good lord deliver us . . to out-voice the kings demand forementioned : for if they should not shew zeal against sinne , in calling themselves for punishment to be done upon delinquents , the world would think that the six members ( whom they rescued from a legall triall , which the king would have had them unto ) might be very faulty , and that his majesty had just reason to take armes to bring both them , and their abetters to it ; but to prevent this , they ( by affirming , they take up weapons to bring delinquents to punishment ) do avow the war to begin on their side , and so leave the king to be defender . although i must tell the world that this devise of bringing delinquents to punishment , was resolved upon , to be a chief ground of the warre , some certaine moneths after the war was begun : i beleeve i could name the place and time , when it was first taken into consideration , and upon what occasion ; and though i nominate not the persons , yet i may tell the story . upon a time , diverse of the members were met together at a certaine easie lords house in the kingdome , ( who was also in his country , one of the maine pillars of this rank faction ) where in like sort were present , some of their chaplaines , and amongst them , there was one scholler ; who i think ( truly ) was an honest man at that present , ( and verily i beleeve , doth stil so continue ) he being ( like that disciple which was known to the high priest ) well acquainted with the company , and therefore might speak more freely to them , and amongst them , then another man could be suffered to doe ; and indeed so did : he moved them to this purpose , while they were at supper , or sitting at table . gentlemen , you have begun a civill warre in this kingdome and you are come bere into the country , to draw us further to your assistance , by requiring us to associate with you : you shall doe well to declare what it is , that you doe bottome your warre upon , and what is the cause of this your undertaking , that seeing your grounds to be lawfull and good , we may with the better conscience concur with you : for though we take you to be wise , and honest men , yet it doth not become us to yeild you our blind obedience , in a matter of so high concernment as this is . say therefore ( i pray ) for what cause doe you wage this warre ? is it for religion ? can you complaine of any restraint in that ? are not the temples open ? have we not liberty to preach and professe the whole truth of god ? is true religion so freely exercised in any nation under heaven as here ? is not the king himselfe a protestant ● hath he not granted you a power to devise for its continuance , and a promise of his concurrence with you , to establish and settle it as strongly as you please ? what can you hope to get more by warre , concerning this thing , then you may have , nay , then is offered to you in a way of peace ? wherefore declare ( i beseech you ) whether it be for religion that you fight : and if so , what particular in religion it is , that you would have us joyne with you to maintaine and defend . one of the members that thought himselfe the best speaker , undertooke to answer the schollar , ( for the chaplaines ( poor soules ) were posed , they sat stil and said nothing : though some of them had been as far as edge hill. ) and at length , did ( after some shuffling ) fairly confesse , being thus urged , that in very deed , it was not religion they fought for ; the doctor asks , why do you then pretend it to be so unto the people ? his answer was , we shall never else win the people to us . well , but what is it then ? ( replyed the doctor ) is it the abolition of episcopacy , that you so contest about ? you know god hath sufficiently manifested his approbation of this government , by his so abundant blessing of this church and nation under it : none in the world hath thrived better , nor so well under any , as ours hath done under this : you know also , that the king hath given you leave to punish , or to see punished in a regular way , all persons , that have miscarried themselves in the execution of that government ( without exception of any . ) he hath given you power to see that all abuses in discipline be removed , yea , and what ever is liable to exception in our canons and lyturgie to be altered , for the ease and satisfaction of tender consciences : yea ▪ he hath yeilded to you , for prevention of injustice afterward , the taking away the high commission , and hath left it to you to purge all ecclesiasticall courts beside ; and as a pledge of assurance against all growing corruptions ; he hath enacted a trienniall parliament , for the calling of ill officers , and faulty church governours to an examination , every three yeares before your selves . now do you think that notwithstanding all these particular considerations , that the abolition of episcopacy is a thing of that grand necessity , as to imbroile this whole nation and kingdome in its own bloud ? the member ( being convinced also by these reasons of this particular ) answered , truely it was not ; but as the former , so this pretence also was to be used , to winne and hold the * people . why then ( sayes the doctor ) will you tell us , what is the cause , why you fight ? the wiseman answered , to bring delinquents to punishment : and so ( for ought i know ) the disputation ended , for this is all that i heard of it . but i would have any of them all , to name six delinquents if they can , that were so declared to be ▪ when they raised their first forces ; some . or . persons perhaps fled the kingdome , but must the whole nation bleed for that reason ? 't is true ( indeed ) they fell afterward to make delinquents apace , and all that would not renounce the doctrine of christs gospell , which is a doctrin of loyalty and obedience , and which they had alwayes been instructed in ; all that would not abjure their oath of allegeance , & break that protestation lately imposed by these very men , ( which was to maintaine & defend the kings person , honour , and estate ) are looked upon as delinquents , and persecuted as such , with fire and sword : yea , divers of the members of both houses who had ( to speak in these mens owne phrase ) so much conscience and goodnesse in them , as not to desert their trust in parliament , to their king and country , by giving up themselves to their wills , are all become delinquents too upon the suddaine , and to bring all these to punish nent , ( that justice of parliament may passe unto them ) are these warres said to be undertaken and pursued : and when they have by their votes , put all them to death , whom they have done wrong unto , perhaps they will sit still and be quiet , but not before . well fare the good king yet , he named six notorious delinquents , ( whereas these men never named any ) and when he saw he could not have the justice of law against them , rather then make any further disturbance , he declined their prosecution ; indeed he is blamed for his so doing by these men ( as was noted before ) but o that they had had the grace to have been guilty of such an errour ! and thus much by way of digression in the case of delinquency : i now return to their story . they tell us that the answer returned to the foresaid propositions was , that if these things were granted , the king should remain but the out-side , but the picture , but the sign of a king : which very answer ( they say ) was the trumpet of war , and the sound of defiance , scil . in their ears ; who had a great lust to quarrel , now they had got weapons : but their misery was , the king stil crosses them , for he would not permit it to be so owned , stil ( say they ) he saies , he intends not to fix any disloyal design , upon both or either house of parliament : he is rather most confident of the loyalty , good affections , and integrity of that great bodies good intentions ; but the malignity of the design ( he saies ) hath proceeded from the subtile informations , mischievous practices , and evil counsels of ambitious turbulent spirits , not without a strong influence upon the very actions of both houses . thus they of the king. and the result which they make of this their whole relation is two-fold . . to justifie themselves ; which they would do from the kings expressions of them : he did not give them such ill language as they gave him , ergo , they would conclude themselves to be as innocent as they make him faulty : to his words last alleaged they adde , this was the utmost charge that could be then brought against the parl. they argue a non velle ad non posse : he did not , or would not , ergo , he could not : let the reader judge of this argument . . to cast further blame upon the king , scil . for having a worse opinion of them now , then ( by these expressions ) he seemed to have had then , when he returned that answer to their . propositions : our propositions ( say they ) at uxbridge in feb. , being no other in effect then those of june . this inference may be truly made , that the king hath no cause to look upon us now , otherwise then as he did then : and if he have varied since from those vows and asseverations which he made then , the blame wil not remain on this side , but on his ; so that the bare calling to mind what hath been said by the king , is now sufficient for our purpose . these be their direct words : but how ill a consequent they make , and how false an inference this is : how truly little to the purpose , i have shewn already , and to what is there said , i refer the reader . they then fall to reckon up the vows and affeverations , made by the king , which they would have apprehended to be broken by him , which i have opened the nature of , and answered already also , yea and manifested evidently , that if the king hath swerved any thing from his primitive purposes , it hath been full sore against his will , and only by their inforcement . i adde but this , we find in the paper , these words of the king to his queen , the breach of my word , is that i hate above all things : and we remember that the publishers of these letters have told us , that what we find in them are evidences of truth , and therefore we are abundantly satisfied concerning the kings truth in his promises , what ever can be said by them to the contrary . indeed we do believe that as gods promise to the sons of aaron did not bind him to the sons of belial , no more doth the kings promises to his great councel , tie him to his grand enemies . i said indeed ( saies the lord to eli ) that thy house should walk before me ( scil . in the priests office ) for ever : but now ( i say ) they that honour we wil i honour , and they that despise me , shal be lightly esteemed : if holy priests turn filthy adulterers , or if good subjects turn impudent traitors , neither doth god , nor the king swerve from their former selves if they break with them : hophni and phineas might with as much justice have taxed god , as these men do their king. but there remains yet one particular , and only one not replied unto , which i shal also now do , and so conclude . they accuse the king of making war against his parliament : having ( not only spoke so well of them , as before , but ) renounced all intentions of war : to which purpose they alleage chiefly his declaration at york , june . . wherein ( they say ) are these words : we assure the world , in the presence of almighty god , our maker and redeemer , we have no more thought of making war against our parliament , then against our children : yea , and again in july the same year ( after the date of essex his commission from them to war against him ) he desires ( say they ) no longer the protection and blessing of almighty god upon himself , and his posterity , then he and they shal solemnly observe the laws in defence of parliaments : also in august . he acknowledgeth that the king and parliament are like the twins of hypocrates , which must laugh and cry , live and die together . these were the kings words ( say these men ) it is true indeed ( say they ) afterwards , he was driven ( by their making wars upon him ) to save himself by distinctions , saying , he had not disclaimed all war in general , but all invasive war ; all war , but what was in order to his own defence : which distinction they scorn at , and say , it was not thought of , or fore-seen before : perhaps so , for it was beyond the imagination or fore-sight of man , that any subjects pretending as they did , being so dealt withall , as they were , should bring their soveraig● to such a strait , or drive him ever to use any distinction at all . then they deride him also for another , which they did put him upon , scil . that the king may defend himself , against a parliament , but not fight against it ; or he may assail a malignant party in parliament , and yet not touch the parliament it self . and surely so he may : for as there may be a malignant party in a church or family , that may be assailed and corrected , and yet the church or family it self , be no way damnified or hurt thereby , but bettered rather : so also in a parliament ; for as the whole church of god , consisting of head and members , is said not to erre in matters of god , though there be many wicked men in the militant part thereof : so in matters of state , a compleat , and whole parliament , consisting of head and members , may be said not to erre , though there be many wicked ones amongst them , that deserve punishment . and they are not ashamed to say , that the distinction which they deride the king for , is good when themselves use it , but not when the king useth it : it wil hold ( say they ) on our side , but not on his. all things are lawful to them , but unto the king nothing is allowable . but ( say they ) by what distinction wil the king put a period to this pertual parliament without violence ? or how can he deny it the name of a parliament without hostility ? as if they had said more fully out thus , we are sure we have posed him in one thing , and put him to a non-plus : we had him on the hip , when by feigning our selves honest men , we got him to sign the bil of continuation of the parliament , which we resolve shall be perpetuall , and last for ever in despight of him : all his distinctions shal not serve his turn to put a period to that ; he must do it by open force and violence , if he do it at all ; but we by that fine christian policy of ours , in getting him to passe that act , have got possession of so much strength and power , that we are able to keep it in being , for all the violence that he can use to the contrary : we have fastned him now upon the crosse , wherefore if he be the anointed of god , and would be so accounted , let him loosen himself ( if he can ) and come down ; ( but let him be sure he shal never do it without violence , if he can do it that way , and we are able to hold it out against him no longer ) then we wil believe him , and acknowledge him . confident we are , that he cannot , ( at least he shal not ) deny us the name of a parl. without hostility : secretly indeed we understand by his letters , that he doth not acknowledge us to be a parl. though he doth it publickly : he imparts unto us the name , but not the thing ; yea , but we having got all the militia , by land and sea into our hands , we are resolved to fight it out with him , in maintenance of our selves , and of our title : we are a parl : and we wil be a parl. yea , and a perpetual parl. too , in despight of him , let him say and do the best he can to the contrary . these are pretty men ( we see ) every age cannot shew their fellows : but ( truly ) if there was no othet reason for the king to desire and seek to put a period to their parliament , this were alone sufficient , in that they call it perpetual , and intend so to make it , for the kings office and duty is , not only to give his people good laws , but also to see , they have the use and comfort of them ; now i would have these men , with all their wisdome , shew the world , how we shal ever enjoy the benefit of the tryennial parliament ( which was the highest act of grace ever granted , and the most likely foundation of future happinesse , that was ever layed for the subjects of this kingdom ) wherein all corrupt instruments and enemies of their countries welfare , of what rank soever , are to be called to answer for their demerits , and to be censured accordingly . i say , let them shew how possibly we can enjoy the benefit of this act , unlesse a period be first put to this perpetual parliament ( as they call it ) which indeed is rather a combinanion of tyrants covenanted together , to enthrall their country-men in perpetual bondage , a very confederacy of conspiratours against the realm and church : therefore 't is undoubtedly the kings office and duty , as he wil answer it to almighty god , to do his utmost to disband them , and to bring them to their legal tryals , and this he may do without making war against his parliament ; nay , ( in order to his solemn observance of the laws ) in defence of parliaments . yea , and all those that have taken the general protestation , are bound by the same ( as wel as by their oath of allegiance ) to aid and assist the king and his friends , in the bringing to condign punishment these dishonourers of parl. who under the name thereof , have scandalized and defamed its reverend esteem and dignity : and by force , practice , councels , plots , conspiracies , and all other waies have done things contrary to every thing in the said protestation contained : let all men read over their protestation , and withall consider wel of these mens doings ; and then speak their consciences in this particular . but further , to answer these men , though they think they have posed the king , when they say , how can he deny them the name of a parliament ? yet let them know , that not only his majesty , but all men else too of reason and judgement , may both deny them the name , and also prove that ( in the truest and best sense ) it doth in no sort appertain to them ; for as s. paul said , all are not israel , that are of israel ; so may we say , all are not the parliament , that are of the parliament . as there was of old , a malignant party , that stood more upon the title of israel , then the true israelites did : so is there now a like company , that make more ado about the title of parliament , then those who are the true members of it , whose endevours rather are ( as they ought to be ) to approve themselves , by their actions , worthy of the name : our saviour in the gospel , disputes the matter at large , with those false israelites , who pleaded lustily against him , ( as these do against the king ) that they were abrahams children , which our saviour denies to be true , in the right and best sense , for , ( saies he ) you do not the works of abraham , you go about to kill me , a man who hath told you the truth , ( your saviour and your soveraign ) so did not abraham . i desire that these men would but seriously in their consciences , consider whether this be not the very case : and if so , then let them be content , that the king should imitate the son of god , in his thinking and speaking of them ; and deny them to be a parliament in the truest & best sense , or some time ( as they say he doth ) yeild them a parliament in publick , and yet secretly not acknowledge them so to be : for as s. paul yeilds the jews to be israel , and yet not israel ; and as christ yeilds them to be abrahams children , and yet not abrahams children : so the king may yeild them to be a parliament , and yet no parliament . again , as the councel of trent is denied by all the reformed churches of germany and other countries , to be a true councel , because it was not free for all persons to come unto , with their appeals , their complaints , and their reasons , ( as councels ought to be ) for the honest protestant party were not admitted a safe conduct , but in danger of their lives , if they did adventure to come , by the maglignant and popish faction , who bare all the sway , and were both accusers and judges ; so upon the very same ground may this parliament be denied to be a true parliament , for a parliament ought to be free ( 't is the special priviledge of it ) for all men , specially for its own members , all of them ought to have liberty to speak their minds and consciences , and all the kingdome beside to bring their grievances and petitions thither : but in this particular assembly , which they call the parliament , there is no such thing ; for as at trent , so at westminster , the malignant and rebellious faction alone , bear all the sway , they are both accusers and judges , they imprison , murder , persecute the honest side ; yea , many of their own members they have forced and driven away from thence , whereby in very deed , themselves have dissolved the very being of the parliament , and made it to be no parliament at all : indeed as that assembly at trent , is customarily called a councel , and therefore ( perhaps ) hath that appellation also , even among the protestants : so the king may happily somtimes call that assembly at westminster a parliament , but 't is only fo● custome sake , and because 't is so fancied by the malignant party . once more , upon the very same grounds , that rome is denied to be a true church , by the men of this faction , ( which we are troubled with ) may themselves be denied to be a true parliament ; they say , rome was once a true church , at its first institution ; but now so many corruptions have crept into it , that it hath un-churched it self , and is become no true church of christ : but even the very throne of antichrist , thus they : and thus may we say of them , they were once a true parliament , at their first constitution and meeting , but now they swarm so much in evils , are guilty of acting and authorizing so much wickednesse , that they have plainly un-parliamented themselves , and are become no true parliament , but even the throne and synagogue of satan . besides , a true and compleat parliament , ( as every one knows ) consists of head and members , of king and people ; and as a man without an head , is no true man ; so a parliament without the king , is no true parliament . indeed if the king should come to westminster , and sit amongst them , and they behave themselves towards him ( yet at last ) as becometh christians and members of that honourable court , i know no reason but they may ( by the kings mercy and favour ) recover again that truly honourable name and title . though some affirm , when both the speakers fled from them ( in regard of these late tumults ) that according to law , the parliament was dissolved ; the true parliament , ( they say ) ran away , and that which now remaineth is an adulterous parliament , a very junto , and there must of necessity be a new writ from the king , to the making of a true parliament . ( but i leave that to be argued by the lawyers ) my observation only shall be , of gods hand in that businesse : first , that themselves were driven away from the houses , in the same manner , as by their procurement , the king and his friends were formerly . secondly , that the almighty by his permissive providence hath exposed them , ( who thought and called themselves a perpetuall parliament ) to be denied to be any parliament at all , by their own adorers , and to become a publick scorn and derision , by the means or assistance of those that had so many years together paid their devotions to them : let all the world admire gods wisdom : and let all that fear the lord , praise his holy name . and thus all may see whither i have brought these men , or rather more properly whither they have brought themselves , by this their impertinent and peremptory question , how can the king deny us the name of a parliament ? they are proved to be no true parliament , by the witnesse of jesus christ , ( who is truth it self ) by the testimony of s. paul in a like case , by the judgment of all reformed churches in christendome , and by the evidence of their own dear selves and faction , in their way of opposition unto other parties : wherefore stil may his majesty in truth , and with a good conscience say , as he did at first , we again in the presence of almighty god , our maker and redeemer , assure the world , we have no more thought of making war against our parliament , then against our own children . and he may desire stil no longer to enjoy the protection of almighty god , upon himself and his posterity , then he and they shal solemnly observe the laws in defence of parliaments : for as yet he hath done nothing against his high court of parliament , nor ever wil he ; for according to his owne acknowledgment , he , and that are like hypocrates twins , they wil live and die together . and let them not die , but live , o lord our god ; let the king live , that parliaments may not die ; save thou him , that this kingdome may still be blessed with them ; and in thy pitty to this poor nation , break thou in pieces this confederacy of rebellious men , who do so earnestly endevour the destruction of both . put thou a period to this false parliament , ( which they resolve shal be perpetual , in despight of thee ; o god , and of thine anointed ) that we may have the benefit of a true one , for the mending up of those great breaches ( which have been made by these conspirators ) upon our religion , our laws , and natural liberties ; yea , and upon our high court of parliament it self : this grant ( o thou mighty majesty of heaven an earth ) for thine own honour and justice sake , and for the sake of christ our saviour . amen . a true parallel betwixt the sufferings of our saviour and our soveraign , in divers particulars . together with . a brotherly discourse to the seduced and oppressed commons . . a ministeriall admonition to the troublers of our israel . . a consolatory speech to the truly loyall-hearted . and a post-script to the reader . there is also prefixed in this edition , a preface unto the parallel , to give satisfaction to those who took some offence at it . by the author . printed in the yeere , . to the readers . readers , i thought it requisite ( in this new edition ) to prefix a few words to this following parallel , because i understand that some few persons , ( through inadvertencie ) have taken offence thereat , and affirmed of me , that out of my zeale to flatter the king , i had blasphemed christ , in comparing them thus together : yea some of them , upon their bare view of those words in the title , a parallel between the sufferings of our saviour and our soveraigne , have presently shot their bolt , ( as men byassed with ignorance and prejudice use to doe ) and rejected the whole book as unworthy their further inspection . now though the ready and friendly acceptance which the same hath found with the church and people of god , doth speake me cleare in the opinions of most ▪ so that i need not say any thing to vindicate my selfe , from the inconsiderate censure of these few ; yet because soules are precious things , and i am forbidden ( as a brother ) to suffer sin to rest upon any : and commanded ( as a minister ) to instruct with meeknesse them that oppose , or are contrary minded ; therefore i must not slightly , and with contempt of them , passe by their errour , ( as they doe my booke ) but will speak somewhat for their satisfaction , or better information , in the thing which they take offence at . the two crimes which ( at one breath ) i am charged withall , are blasphemy and flattery . concerning the first , may my accusers please to know , that i understand not the word parallel as mathematicians doe , though perhaps if i did , i should not ( in the judgement of learned me● ) transgresse much ; for with them a parallel is a parallel , be it at as great a distance , as betwixt heaven and earth : but i intend it not in so exact and strict a sense ; i take it onely in its ordinary acceptance , as t is commonly used amongst us , viz. for a similitude , a likenesse , or a resemblance . may they also please to consider , that the persons betwixt whom the parallel is made , are christus dominus , & christus domini , our saviour and our soveraigne . t is true ( as they object ) the one is the eternall son of god , and the other a mortall man : yet christ was man too , and as man he suffered , he was in all miseries like unto us , and therefore , sure he cannot blaspheme , that sayes , another may in miseries be like to him : nay , every true christian must hold parallel with him ( the captaine of our salvation ) in such things , and be conformable to him in some measure and degree ; 't is so appointed . we must suffer with him ( sayes the apostle ) that we may be glorified with him : and in another place , he inferres , that we cannot know the power of his resurrection , unlesse we have a fellowship in his sufferings : as he was traduced , sclaundred , censured for a blasphemer ( as i am now ) when he spoke but the truth ; as he was rejected , betrayed , falsely accused , and unjustly dealt withall , &c. so must we be used at one time or other , in the very same kinde ; and this is , to have a fellowship in his sufferings : or ( which is all one ) to hold parallel with him in his sorrowes . yea , we are often told from his own mouth , that we must take up his crosse , and follow him : that we must have the same entertainment in the world , which he had : and it cannot be ( sayes he ) but offences will come : injuries will be offered to the righteous , ( of what rank and condition soever they be ) though woe will be to them from whom they come , or by whom they are offered , it were better for such to be thrown into the sea with milstones about their necks , then so imployed . a dangerous thing it is ( we see ) to be instruments in making the meanest ( much more the supreamest ) christian conformable to christ in sufferings ; but surely to demonstrate and note the same when it is done , ( which is all that i have done ) ought not to be called or entitled blasphemy . may my mistakers please therefore to observe well , the things wherein the parallel or resemblance is made , or shewn to be : it is not in similitude of sinlesse or spotlesse nature : i have not applyed or communicated to the king any of the divine attributes , ( as some have to their parliament ) nor doe i liken him to the son of god in measure of graces , nor yet in the merit of his innocent sufferings : i say not they are satisfactory ( as christs were ) for the sins of his people , i beleeve indeed , they cry for vengeance rather , though i know his majesty , like a pious christian , a gracious prince , and a tender father , doth endeavour daily that their cry against us , may be out-voiced by that other of his prayers for us . nay further yet , i have not equalized the kings afflictions and wrongs , with those of christ in measure and degree , i have onely noted their likenesse in kind : and declared historically , in an observationall way , ( and that by evidence of many particulars ) what a specificall similitude there is , or hath been betwixt them ; upon the which i may , and do affirme , that the king hath tasted of christs very cup , yea drunke deep of his very sorrowes : and as the apostle said of himselfe , so may i of his majesty , ( and yet be guilty of no blasphemy ) that he hath filled up that which was behind , of the afflictions of christ in his flesh , for his bodies sake which is the church , ( whereof he is appointed protector and defender , ) viz. for its imitation and consolation ; in a like condition . and indeed we the persecuted and oppressed members of it at this time , looking upon the most heroick and christian example of our king , do with the more courage and patience run the race that is set before us : and we beleeve 't is a great matter of rejoycing to our soveraigne , that he is thus , at this time , for this end a partaker of christs sufferings ; that seeing he cannot free us , from our sorrowes , he doth yet strengthen us under them by his owne ; these things i desire those that have taken scandall at me , to consider seriously upon ; which if they shall vouchsafe to do , i presume they will not in their hearts think me a blasphemer for saying of him , whom god hath sanctified , ( and fitted for such great tryalls ) that he is ( at least in this ) like unto the son of god. the second crime laid to my charge is flattery of the king , which is fancyed to be the ground of the former : i blasphemed christ ( say they ) out of my zeal or desire to flatter the king ; but upon due consideration , this foundation may haply prove as vaine , as the structure upon it hath appeared faulty : i was never till now ( that i know ) taxed of flattery , though ( i confesse ) often of indiscretion , for not serving the times ( as others did ) to mine own advantage ; my lot hath hitherto lien on the side of the oppressed : i remember well some six years agoe , when gods children ( as they were called and accounted ) began-first to turn rebels against their king , and apostates , from the gospell ( which they had formerly professed , while they were in this their more proper and low condition , ) divers of mine acquaintance met together about me , to consider what the reason was , that i who had alwayes tooke part with the church and people of god , in their afflictions , did thus desert them in prosperity , now they had got power into their own hands , and were entring into their long-expected flourishing condition : it was confessed , that i had faithfully discharged my conscience , unto that present ; and had preached against the irregularities of the times , and had suffered much disturbance , for not complying with the ungrounded fancies , and practicall innovations of some men : and after some debate to this purpose no reason being given , the result of all was this ; certainly god hath even given him up to the spirit of madnesse . now i doe verily beleeve that i might ( upon better grounds ) be concluded mad at this present , both by them , and many others if i should affect to flatter the king , as the world now goes with him , he not being either in a condition or in a way to be so dealt withall , for indeed they are wayes of sinne and not of sufferinge that flatterers use to assist in ▪ flatterers are men , that look at themselves , at their own speedy advantage , and therefore are unseparable servants , even covenanted hang-byes to the militia ; they love not to plow in winter , they sow all their seed in summer , because they lack patience to wait long for an harvest ; therefore if i am one of them , certainly i am a rare one : for my flattery appears to be the fruit of my faith ; the thing it looks at , is a great way off , even in gods own hand not yet visible , nor scarce credible to the outward sences . true flatterers ( as i was saying before ) are no purgatory bats , but pure birds of paradise , butterflyes of prosperity , that can at any time ( with ease ) leave gods blessing for the warme sun ; they frequent westminster ( now a dayes ) as flyes doe the butchers shambles , where something is to be gotten : and were i of their number i would thither too ; and there tell the lower house that they are the supream power and judicature in the kingdome , unto whom all other powers ought to submit . i would never suggest what men say of them , viz. that they are ipsis nati , multis noti , & omnibus nocui , empty vines , better knowne then trusted , and physitians of no value , though at first apprehended desirous to cure the diseases of the state , yet now found upon experience to study only to keep themselves up , and their patients down : i would never talke to them of such stuffe , but i would tell them , that all the people doe with all thankfulnesse acknowledge , their unwearied paines , uncessant labours , and constant endeavours , in the common cause of . god and this kingdome , and that the nation , doth at this present enjoy a quiet exemption , from all illegall impositions , a blessed deliverance from all tyranny and oppression ; and many unparalleld benefits and freedoms , by their sole meanes and happy government : i would applaud all they doe , their very opening of tavernes and alehouses by command , and shutting up church dores on christs birth day ; their silencing , suspending , and imprisoning the ministers of jesus , for taking the opportunity to offer the knowledge of him unto the people ; i would warrant them they did all things well , and nothing was amisse in their doings ; though their infallibility should fal into contempt , yet their power wil carry them out . thus would i busie my selfe , and thus make my applications to men of place and power if i were a flatterer ; and not stand wasting time and words in speaking good of the king , unlesse he were in a more shining and promising condition : i thinke most men of commonsence ( considering his majesties present state ) will take my word in this particular , and so acquit and discharge me of the second imputation . but now let me aske my accusers a few questions : would they in their good natures have no man lay to heart , or take notice of the sufferings of their soveraigne ? desire they that he might have the occasion also to use those words , have you no regard all you that passe by the way ? do they thinke it was well done of the priest and levite , to afford no compassion to the wounded man ? would they have me carry my selfe towards the king , as many of my coat ( in these dayes ) have done ; helpe to wound him , and then divert others eyes from looking on him ? must i be a blasphemer and a flatterer , if i doe not adde something to his burden , and speake of him as of one hated of god , because afflicted ? were jobs friends commended by the almighty for so doing ? let them deal ingenuously , and make the case their owne : suppose themselves were in the kings condition , afflicted and wrong'd on every side as he is : and i ( as a minister ) should remember them of their saviours usage in the world ; and shew them how in many particulars their condition is like unto his , and thereupen should say unto them in the apostles words , rejoyce that you are partakers of christs sufferings , would they account this blasphemy and flattery in me ? i suppose not : must the king then alone be deprived of the comforts of gods word , and of christs example ? must these together with those of his crowne be taken from him ? then i would say , o the miserable condition of a king ! that is now accomplished in our land and dayes , which moulin prophesied would come to pass , ( if jesuiticall spirits and attempts were not prevented : ) viz. that t is even a punishment to reigne , and the coronation of kings is but a designation to misery , a consecration of sacrifices markt out to slaughter . well , be advised all you who think all is yours : who ingrosse to your selves the comforts of gods word , as well as the goods and possessions of your brethren ; who cannot abide any body should be thought well of , unlesse they be of your faction ; who thinke it a sin to speak reverentlyto , or of , your lord and soveraign : who call civility flattery , and truth blasphemy , if it looketh to himward : be advised ( i say ) the times may change , and the cold north-winde may blow upon you ; judge not that you be not judged , speak not to the grief of the grieved , but rather so , as your selves in your afflictions may be comforted ; for with what measure you meat , it shall be measured to you . be it known unto you all , this anointed of god whom you have persecuted , however he hath been neglected and is still rejected and refused , by the new master builders of these times ; yet must be the very head stone of the corner before any thing can be setled among us , to our comforts : he it is that must reduce ireland , and compose scotland : he and none but he , can make up the sad and wide breaches of poor england : he , he is that right-handed man ordained and appointed of god for that happy worke , and furnished from above with wisdome , mercy , and abilities to effect it ; yea his inspection into state affaires , especially into the constitution of this natitions government , is far beyond that of all your new state-mongers ; he alone is able to do more in six weekes for the benefit of it , by his direction ( if he might be suffered to goe about it ) then they have done in this six yeares by all their consultations : yea and he who ( by that divine strength bestowed upon him ) hath been able hitherto , to stand under such a weighty burden of wrongs and sorrowes , is onely able to remit and forgive so many and such high indignities as have been offered to him : and beleeve it , ( all you his guilty and distrustfull people . ) his high vertue and magnanimity disdaines to take revenge upon you : it would be dishonourable for him , that hath paralleld with christ in so many other things , not to conforme also to his example in pardoning injuries ; yea and in praying too , pater ignosce illis . i am perswaded that nothing but the kings prayer can obtaine gods pardon for his afflicters : it is worth the observing ; the sin of jobs friends ( and we know what that was ) could not have been forgiven if job whom they had afflicted , ( though but with harsh censures , ) had not been their intercessour : the lord said to eliphas the temanit , my wrath is kindled against thee and thy friends — wherefore go ye to ▪ my servant job , and offer up for your selves an offering , and my servant job shall pray for you , for him will i accept , lest i deal with you according to your folly . to conclude therefore , let me advise all , that have had any hand against the king , in the causing or aggravating of his sorrows , that they would fear the wrath of god , which hangs over them , for the same ; and ( in pitty to their own soules , and to their posterity ) that they would in true humility goe to their soveraigne and beg both his pardon and his prayers ; and so , by giving him the advantage of shewing his mercy and goodnesse , they may at last ( there being now no other way left ) be helpers in making him to appear ( according to their word at first ) the most glorious prince in christendome . the god of all power and grace , bow and incline their hearts unto it . amen . amen . sect . xxvi . a true parallel between the sufferings of our saviour , and our soveraigne , in divers speciall particulars . thus have i ( by gods assistance ) discharged this part of a subjects duty in vindicating my lord the king , from the aspersion of these men , whereby they endeavoured to besmeare his honour , in their malicious notes upon his letters ; they aymed to make him ( as the philistims did sampson ) an object of contempt and scorne , but their pillars being false , and therefore weak , whereon their building stood , the same is fallen most heavie downe upon their own heads ; they hoped to portray him forth , according to the image of him in their owne minds , by wresting his expressions to the highest pitch of misconstruction , and charging upon him their own conditions ; but through gods help , those filthy garments they arrayed him with , are taken off , and sent home to their proper owners : and what ●s to be done now ? having uncloath'd the king , shall i so leave him ? ( as many false friends have done , ) that would not be so comely ; wherefore i will present him once againe , as habited in another mantle , more truly his , then that other was , though put upon him ( for the most part ) by the same men ; in opposition of that act of theirs , which i have undone , i will set him forth in christs robes , as cloathed with sorrowes ; and shew what a perfect similitude there hath been and is , between our saviour and our soveraign in the foure last years of both their sufferings . such entertainment as christ had , such usage as he met withall , from such conditioned enemies , and such friends ; such temptations as he was assaulted with , such wrongs , and for such things ; such causes of sorrow , and of complaint in all particulars , even in specie , hath our king had in the like manner : observe i pray you , and mark it well , o all you loyall english , scottish and irish , and you will say , that never prince had a more perfect fellowship with the son of god , in this worlds miseries , then yours hath : never was christs yoke better fitted for any , never did any beare a greater measure of his burden : and if nearenesse in condition here , fore-speaks a nearnesse of conformity in the life to come , as the apostle teacheth , then think with your selves , from what you observe , how superlatively glorious above other kings will yours be at christs appearing . first of all , was christ rejected of his owne people ? so the text sayes , he came to his owne and his owne received him not ; nay , so farre were they from so doing , that they denyed the holy and just one , and desired a murtherer to be granted to them : this hath been directly the kings case : he hath been rejected by his owne people , who have refused to own him for their king , denying the supreme power to reside in him , which they have laboured to take from him ; yea , with open mouth they have cryed out , we will not have this man to reigne over us , we are none of his disciples , we are for the parliament , they have preferred murderers and robbers before him , chusing rather to live under the bloudy and iron yoak of such , then to submit themselves to his most just , gentle , and easie government . . did christ complain that the foxes had holes , and the birds of the aire had nests , but himselfe had not where to hide his head ; and may not the king take up the same words ? all that was his , is taken from him , craftie foxes and ambitious kites have seized as a prey upon his houses and habitations : when his majesty at the beginning of these troubles , had travelled from shrewsbury to wrexham in denbighshire , and being to returne the same night , he dismissed the gentry , desiring his stay , with these words , gentlemen , goe you and take your rests , for you have homes and houses to go unto , and beds of your owne to lodge in , and god grant you may long enjoy them , but i am deprived of those comforts , i must intend my present affaires , and return this night to the place from whence i came . . was christ tempted in his necessity to distrust god , to turne stones into bread for his present sustenance ? and hath not the king been tempted so to doe ? sure little else have they allowed him to live upon : was our saviour moved to take desperate courses , to cast himselfe down , yea to humble himselfe unto his creature ; and was he offered to be made a glorious prince , if he would so doe ? to have the kingdoms of the world bestowed upon him by one that had no right to give them ? all men know that such assaults , and such motions , with such like profers , by such persons , have been made , and put , and tendered to our soveraigne . . was not christ accounted a deceiver of the people , called a fellow , an impostor , a malignant , one that had a devill , and railed upon in all places , whispered out of credit where ere he came , by a pharisaicall brood , who sought only to themselves mens praises ? and hath not the king been so called , intitled , esteemed , and used by a like selfe-seeking generation ? indeed christ and the king have like conditioned enemies , great pretenders to religion ( and in that regard of great repute among the people ) were and are the the chiefe opposers both of the one and of the other : the great sanedrim or counsell at jerusalem were the heads of the faction against christ , and plotted all his miseries , they made decrees against him and his followers , and molested those that did confesse him , they stirred up the people to cry out upon him , and countenanced all men in speaking evilly of him : they hired the souldiers and men of warre , to go out with swords and staves against him , and ( as if he were a thiefe ) to apprehend him : and hath not the sanedrim , or great counsell at westminster been the authors of all such things against the king ? as scripture affirms the one , so ( alas ) doth experience confirm the other . . as christ was opposed by men of severall sects and factions , as by pharisees and sadduces , who were at odds enough between themselves , yet banded together against him : so is the king assaulted by men of severall religions and opinions , as by presbyterians and independents , who are divided sufficiently inter se , yet both united in their oppositions against him ; nay , as the prophane herodians , were admitted associates with the precise jews in their conspiracies against christ ; so the most vile cursers and prophane swearers , ( being apprehended likely , by their greatnesse , wealth , or friends to further the designe ) have been admitted by these pure conceited fellows , into their combination against the king ; and advantages taken from their private discontentments , to hook them into their association . . as christ was watched in all he did , and perverted in all he said , if any thing that proceeded from him could be wrested to a wrong sence , it should be surely done , but no notice at all would be taken of his vertues or his miracles ; yea , he was oft accused for his eating and drinking with publicans and sinners , even by these men that would allow him no other company , for they had thrust him out from among themselves , because he disliked and reproved so sharply their hypocrisie and base carriages ; and even thus hath the king been dealt withall : his actions have been watched , his words misconstrued , his graces neglected , yea obscured , and himselfe censured for his followers , by them that have forced him from their own society , for his not allowing their unjust proceedings ; when christ was at jerusalem , those his enemies stirred up the people , to be tumultuous against him , and to throw stones at him : when therefore he had withdrew himselfe from thence , they whispered surmizes and suspitions of him ; what thinke you ( say they ) that he will not come up to the feast ? so that whether he were present or absent , he could not please them , they were never content till they had him in the condition of a prisoner , and then how they used him the scripture shewes . and even this hath been directly the kings condition , when he was at westminster , tumults were raised , and stones and blasphemies cast against him ; when he was retired from thence , they mouth it as fast in suggesting misprisions , what think you ( say they ) that he comes not to the parliament ? nay , let him but offer to goe thither again , why they will none of him , but are ready to cry , he comes to torment us before the time : unlesse they may seize upon him in the nature of a prisoner , nothing will give them satisfaction ; and how they * will use him then , we may easily conclude by their former dealing with him and language of him . . christs doctrine though uttered with better authority then that of the scribes , was lesse regarded ; he and that too were both slighted and despised ; his complaint was , if i tell you the truth you will not believe me , nay , they forbad the people to heare him ; the devill is in him ( cry they ) why heare you him ? they would have their owne example the sole rule for all men to go by , in their regards and thoughts of him ; have any of the rulers or pharisees believed on him ? because they had not , they expected that no bodie else should ; thus they dealt with our saviour , and have they not even so done with our soveraign ? are not his dictates and commands though uttered with farre better authoritie then the votes and ordinances of his enemies , of lesse observance ? are not they and himselfe too slighted and contemned ? may not he also complaine , though i tell you the truth , you will not believe me ? do not the heads of this faction against him expect that all mens credit to him and carriage towards him , should be ordered by the square of their owne example ? hath it not been cried , doe any of the worthies of parliament believe him , or give respect to any thing that proceeds from him ? are not all men brought into a wretched and cursed condition that doe not in this conforme themselves and their judgements to the parliament practice ? i would to god all these particulars were not too evident . . christs enemies not only hated and abused him , but for his sake , all that loved him , all that were instruments of others believing in him , it is said joh. . that they consulted how they might kill lazarus also , because by reason of him many believed in jesus ; and most urgent were they with our saviour about his disciples , asking him of them , because they would have had him betrayed them into their own hands ; which he , knowing their malice , would by no meanes do : nay , this was his onely request , when he delivered up himselfe into their hands , that his followers might but have their lives spared ; i say unto you , i am he , and if you seeke me let these go their way : and in this the king also is christs direct parallel , for all his friends are hated in like manner for his sake , those that are instruments of working a good opinion towards him are persecuted to the very death ; and to the end they might wreake their malice upon such , they have been urgent with his majestie to deliver up his friends into their hands , which the king ( according to christs example ) thinks by no means he ought to doe ; yea , and when he hath offered up himself unto them ( as wee know he hath done ) he hath made only christs request , that his friends may go away in peace and safety , but this would not be granted ; for 't is bloud , bloud , royall bloud , and loyall bloud , and christian faithfull bloud , which these bloudy and deceitfull men thirst after , nor will a little measure of it satisfie their greedy appetites . . yea and as those enemies of christ would have no man to love or confesse him , so not to conceal or hide him from themselves , who desired above all things to lay hands upon him ; and therefore they set out an ordinance against harbouring or concealing of him , requiring and commanding that if any man knew where he was they should discover him : and truly so have the enemies of our king done , set out a like order to a like purpose , though with farre more severe and cruell penalties to the contemners of it ; witnesse their very words , die lunae may . . ordered that it be , and it is hereby declared by the lords and commons in parliament assembled ; that wh●t person soever shall harbour and conceal , or know of harbouring and concealing the kings person , and shall not reveale it immediately to the speakers of both houses , shall be proceeded against as a traytor to the common-wealth , and forfeit his whole estate , and die without mercy . . in a word , as christ was belyed , slandered , betrayed , bought and sold for money , reviled , mocked , scorned at , spit on , numbred among transgressors , and judged to be such a one from his great misery , and from the successe his enemies had against him , and at last put to death ; even so hath the king been used in all respects by his rebellious people , who have alreadie acted all the parts which the jewes acted upon the son of god , the last of all only excepted , which may also be expected in the end from them , when oportunity is afforded ; they have baited him weekly for four years space at the stake of scorn ; emptied the froth of their scurrilous wits upon him , and spit out the scum of their ulcerous lungs against him ; they have crown'd him with thornes , and then derided at his sorrows , fastned him to his crosse ( as i may fitly speak ) and then bad him come downe from it ; no man could possibly be more vilely used then he hath been , numbred he is ( to this very day ▪ ) among transgressours , and crucified between theeves on both sides ; yea , many of those that suffered with him , have been tormentors also , and abusers of him , and ( like that wicked thiefe ) even because he did not help them when he could not , have rail'd upon him . . and further , as christ was thus afflicted by his open enemies , so to greaten the burthen of his sorrowes , he was too much troubled with the contestations of his own followers , who strove for places of preferment , and who should be the greatest among them : which doubtlesse , was no small molestation to his heavenly spirit : nor was this all , he met with many unkindnesses from them too , he was wounded in the house of his friends , forsaken of his disciples , when the times grew black and cloudy ; yea , and afterward his very appstles themselves fled from him , one forswore him , and another betrayed him : and even in this also , hath the king been like unto him ; there hath been strange divisions and strivings among his followers for place and preferment , to his majesties great griefe and damage : he hath had wounds given him by his friends , and deep ones too , they have enlarged his sorrowes ; they that had dependence on him , have forsaken him , because his afflictions were great upon him : his servants have renounced their relation to him , yea , those whom he trusted have betrayed him , they that eat of his bread have lift up the heele against him : onely christ had but one judas , whereas the king hath had many ; but christ indeed , knew what is in man , and therefore did not commit himselfe unto them , in which knowledge the king hath been defective , and so hath been deceived . . christ expected that his three speciall apostles whom he chose out of all the rest for that purpose , should watch and pray with him and for him in his greatest agony , but they even they ●lumbred and slept , and left him in that great and sad houre to tread the wine-presse himselfe alone . even so the best of us , from whom his majestie may expect most speciall services of this nature in his agonies and sorrowes , ( for that we are ordained on purpose , in regard of our office and calling to watch and pray : ) alas , we sleep , we faile in such our duties for him ; we have left him in a manner quite desolate , that he may take up to himselfe that word of christ , and say , of my people there was none with me : and as our saviour ( notwithstanding that failing in dutie towards him in his necessitie ) did excuse the weaknesse of his disciples , the spirit ( sayes he ) is willing , but the flesh is weake ; so hath our king done , even excused the failings of his subjects towards him : how oft hath he been heard to say of many , they are willing to help me , but are not able ; and when he heard related the weaknesse of one , who ( peter-like ) had saved his life by a recantation , the man ( sayes he ) i thinke is honest , and loves me well , only he is affraid to die . . but to draw to a conclusion , as christ deserved none of this hard measure ( which he found ) at the hands of those that offered the same , he alwayes merited their greatest respect , and loving affections , many good workes ( saith he ) have i done , for which of them doth you stone me ? many sermons had he preached , many good prayers had he made , many diseases had he cured , manie miracles had he wrought , yet all was forgotten , malice and spight did raze out the remembrance of all : so the king hath deserved nothing but good from the hands and hearts of his subjects : he may also say , manie good acts of grace have i passed for your benefit , o my people , manie blessings have you enjoyed under my government , manie yeares of peace and plenty under my protection , for which of them do you thus hunt me , thus persecute and molest me ? indeed christs enemies sinned against their own consciences in all they did against him , as appeares by that their saying , if we let this man alone , all will believe in him : as if they had said , he is so holy in his life , so true in his sayings , so gracious and good in his conversation , so mild , so sweet and affable in his whole carriage , that we are like to lose all our credit with the people , unlesse we ruine him , and therefore on purpose they belyed and beslandred him ; yea , by all means laboured to engage the people with themselves against him ; yea , they made them their instruments to doe him all the mischiefe , and perswaded them that in their so doing , they did god good service : thus the kings enemies also have gone against their owne consciences in all their doings against him , and for the very same reason , they know him to be so full of grace and goodnesse , that if people were but let alone , they would quickly all adhere unto him , and so themselves of all men should become the most odious ; to prevent which , they have bedaubed him with lies and slanders , and engaged the people to be their instruments to persecute and abuse him , yea , and made them to think that they serve god in so doing . . last of all , the pharisees pretended salutem populi in all these their doings against christ , and that they did all for the good of the common-wealth , better one man die ( sayes the chiefe of them ) then all the people perish ; yet pilate easily perceived that all was out of meer envy and malice , and therefore askes them , what particular accusation they could bring against him , but they could alledge none , only they tell him in generall termes , if he were not a malefactor , we would not have brought him before thee : he must take their words , and contrary to his own sence believe , that they were too holy to harbour envy , or to doe any thing against any man without cause ; indeed afterward they inferred plainly , that the reason why they sought to take away his life , was because he was their king : he makes himselfe a king ( say they ) and therefore is not caesars friend : s. matthew sayes , that this was his very accusation , which pilate set over his head on the crosse , jesus of nazareth king of the jewes , which was in effect thus much ; this jesus was accused , and thus crucified ( as you here see ) only because he was king of the jewes : the pharisees ( indeed ) would have had him altered the words , and set down , because he said he was the king of the jewes : but sayes pilate , quod scripsi , scripsi , what i have written is the truth , and so it shall stand , in hebrew , greeke , and latine , that all the world may know your jewish basenesse . thus were their dealings with our saviour , and thus also have our english jewes in all respects dealt with their soveraign ; they have pretended salutem populi , the preservation of the common-wealth , as if that were like to perish if he did not ; yet one that hath but a pilates eye , a meer naturall eye ( if not coloured with rebellion ) may plainly see that the root of all is meer envy and malice ; let any body aske the chiefe among them , what personall evill or accusation they can bring against the king , there can be nothing answered , but in generall termes , if there were not a cause , if he were not a malefactor , his great councell would not doe as they have done against him : but what that cause is , or wherein he is so faulty , cannot be made manifest , only their words must be taken against all sence and reason , nay , they have plainly inferred ( as hath been observed ) that they seek his ruine , because he is a king , and would maintaine monarchy : he that makes himselfe a monarch or a king , is no friend to the parliament : well , when he is dead , as i think no wise man expects otherwise , but that they will murder him * openly , or secretly shorten his dayes , if they can get him , and god doe not in a miraculous manner againe deliver him ; for as nothing but christs crucifixion would please the jewes of old , so nothing but the kings extinction will satisfie the malice of some in this age : but i say , when he is dead , we shall in this one thing imitate pilate , and publish to all the world his accusation and cause of his death ; this shall be his title : carolus gratiosus , rex angliae : charles the gratious , king of england , was put to death by the pharisaicall puritans of his kingdome , only because he was their king , and in many respects so like unto jesus christ the worlds saviour . i wish with my soule , and i pray with my heart , that they may yet at length prevent us in this , by their unfeigned humiliation for the wrongs they have done him , and by their right acceptance of him and obedience to him , thus have i shown in many particulars how fitly the kings sufferings doe parallel with those of christ ; i might instance in more , but i hope the well disposed from this which hath been said , will of themselves make observation of the rest . i might here also evidence on the other side , how his majesties enemies doe resemble him whom themselves call anti-christ , in their conditions ; yea , i could by comparing their doings ( in this their generation , ) with the worst acts of the worst of popes in severall ages , demonstrate to the world , that these men of all men , are most like them : but mine aymes are not so much to decypher them , as to offer a true presentment of the king unto his people ; to declare his vertues and wrongs ( which they labour to conceale ) is rather my work , then to proclaim their ungodlinesse , which indeed speaks it selfe loud enough without my discovery . and truly , had it been possible for me to have healed the wounds made by them upon my soveraignes honour , without laying open their corruptions , i should not have mentioned them so much as i have done : for my delights are not to be stirring in such obscene and stinking puddles ; but all men know , that he who takes upon him to justifie the righteous , must of necessity condemne the wicked , the goodnesse of the one cannot be vindicated , unlesse the vilenesse of the other be detected , specially when they thus stand in competition ; wherefore omitting what might be spoken of them to this purpose , i shall rather ( as christs minister ) apply my selfe to speake unto them , after i have uttered a few words to those well-meaning common people , who have been seduced by them , whom in the first place i desire to listen to mee . sect . xxvii . a serious and brotherly discourse to the seduced and oppressed commons of this nation ; their dangerous condition related ▪ divers and necessary considerations propounded to their thoughts to disswade them from persisting in their present way : their objection of keeping their late oath and covenant , answered . countrey-men and fellow-subjects , you see i have dealt with you as pilate did with these people of the jewes , whom the subtill pharisees had prevailed with , to be their instruments in seeking christs ruine ; for the desiring to divert them from further proceeding in so evill a way , against so just a person , brought him forth before their eyes crowned with thorns , and arrayed with sorrowes , and bad them behold the man ; supposing that the sight of his griefs already suffered , by the wrongs and abuses already offered , would make them desist from offering more ; so i desiring with my soule ( as god is my witnesse ) to stop you in this your ungodly way , which the craftie pharisees of these times have thrust you into , and to stay you from furtheir endeavouring your kings destruction , have set him before your eyes in the same sad and afflicted condition that christ was in , and whereinto your selves ( alas ) have helped to bring him : now i beseech you all behold the man ; consider how much you have wronged his innocence already , and abused his goodnesse ; and whether you have not shewne unkindnesse enough unto him , who hath been unto you the author of so much good , so many yeares together . you will say , had we lived in the dayes of christ , we would not have joyned with the pharisees in persecuting and abusing him and his disciples ; and yet you are partakers in the like evills ; will you disallow of such things against your saviour , and yet act them against your soveraigne ? have you any other evidence against the king then those people had against christ , the bare testimony and report of his deadly enemies ? or have you any better warrant from gods word , to rise up and cry out against the one , then those had to do so against the other ? surely you have not : o foolish people ( therefore ) and unwise , who hath bewitched you ? who hath perverted you ? i know you 'l say , even they whom we thought we were bound to follow , ( scil . ) our teachers and our leaders ; true , and god shall require your bloud at their hands ; but in the meane time , if you die in this way , you will die in your sin , for as esay sayes , the leaders of this people cause them to erre , and they that are led by them are destroyed , that is , are in the undoubted way unto destruction ; and what will you doe at the end thereof ? perhaps your consciences are yet asleep : so was judasse's , till his worke was quite done , his master murthered , and himselfe received his wages ; but then it began to open indeed , and so to roare within him , that it debarred him quite from all contentment in his money ; for he brings that back to them , who had employed him , and makes his moan unto them , and perhaps expects comfort from the●● , but they having served their turnes of him , left him in the bryers , whereinto they had brought him , and rejected his complaint with a quid hoc ad nos ? what is it unto us , see you to it ; their owne consciences did not yet stirre , nor had they any respect at all to the troubles of his spirit . now truly friends , this will be the condition of many of you , when you have damn'd your soules in serving the lusts of these men , and think to enjoy comfort in that wages of iniquity , ( the estates of other men which you gape after , and is promised unto you as the price of bloud ) then will the doores of your consciences be unlocked , & the sence of your guilt will make you as sick as he was , both of your rewards and lives , and then , if you lament and cry , we have sinned in spilling innocent bloud , the bloud of our soveraigne , or the bloud of our countrey-men that never did hurt or harme unto us , they that brought you into these miseries , however they courted and encouraged you before , will reject your complaints with a quid haec ad nos ? you should have looked to these things before hand ; for pharisees will be pharisees unto the worlds end . it is a fearefull thing to be given up to shed bloud ; king james would say , if god should leave him to kill a man , he would think god did not love him : and i believe your selves were of the same opinion , all the while the doctrine of jesus christ ( which commandeth love to enemies ) did season your hearts ; but what a strange alteration is there now in your dispositions , since the doctrine of devils hath been preached unto you , for no other is this of butchering your brethren , of killing , slaying , and destroying , then the doctrine of him who is a murtherer from the beginning : you would not have been hired heretofore to have acted the executioners part , which is a lawfull office , upon a malefactor condemned by lawfull authority , so tender you were of shedding bloud ; but now you make no scruple at all of it , you are greedy and thirsty ( many of you ) to spill the bloud of innocents only for their constancy in that doctrine of obedience and loyalty to the king , which your selves also in christs schoole have been instructed in , meerly upon the temptation and motion of them you call the parliament , who have no more authority over the lives of men without the kings allowance , then your servants have over yours ; nay , which is more strange yet , you are bewitched by their seduction , to think that in killing your brethren you do god service , though our saviour fore-speaking of this very particular , shewes the ground of this ill opinion to be only ignorance of god , and want of knowledge . nay , not only those that have been agents or souldiers in this rebellion , but in like manner , all you who have willingly contributed plate , moneyes , horses , or any thing tending to the advancement of it , i feare you are under the guilt of bloud , and will be indicted one day at gods barre as accessaries to all these evills that have been committed against the king and against your brethren ; all the men and all the women that brought in their salts , spoones , rings , and thimbles , by the suggestion and perswasion of false teachers , must hold up their hands at gods tribunall as guilty persons , for doing things ( by the seduction and example of others ) so cleane contrary to that light of the gospell , which so many years together had been taught unto them . o friends ! strong and strange is the delusion that is fallen upon you , and thick is the veile that is over your eyes , farre are you gone without looking back , and most difficult is it yet to perswade you to it : i have often feared with my selfe that place in esay , to have too neer a relation to you , the hearts of this people are made fat , their eyes dim , and eares heavie , and to continue so till the cities be wasted without an inhabitant , the houses without man , and the land be utterly desolate . i beseech you , in the bowels of jesus christ , think seriously upon the matter , ( o that i could perswade you to it ) while there is time for repentance , and save your selves at length yet , from this untoward generation ; break their yoak from off your necks , renounce their societies , have no more to doe with them , read , mark and ponder upon that place , prov. . . to the . verse , and remember from whence you are fallen , and return to your loyalty ; o countrey-men , return , return ; and to provoke you more earnestly hereunto , consider with your owne hearts of these particulars . . whether this way wherein you have gone , be not directly opposite both to christs doctrine and example ? doth not the gospell command to give tribute to whom tribute is due , feare to whom feare , and honour to whom honour belongeth ? and doth it not teach that all these appertain to the king ? and yet have they not all been with-held from him ? was not our saviours practice in this particular most remarkable for our imitation ; he wrought but one money miracle while he was on the earth , and that was to have wherewithall to pay caesar his homage ; and himselfe sayes he did it , least he should offend , so carefull was he not to displease the king ; and being tempted at another time , to give some countenance for with-holding the kings rights , disclaimed the motion , and cryed out , redde caesari , quae sunt caesaris , & deo quae sunt dei ; inferring that god and caesar in such matters go together ; to injure the one is to wrong the other , for god hath commanded that caesar be honoured , and that all which is his be rendred to him : now whether you and your leaders have done according to this doctrine and example , let your own consciences judge . . consider whether this way wherein you have gone be not also contradictive to the law of the land : the denyall of the kings supremacy in this kingdome , hath been wont to be accounted so heinous an offence , that he who is guilty of it , is judged by the law to die as a traytor : and the doing of any thing in prejudice of the kings authoritie , as the raising of forces without him , nay the having but thoughts of mischief towards him , though they never breake forth into action , is reckoned by the law for no lesse then high treason , and some have suffered death for such things ; nay , further yet , the bare instilling misconceits of the king into the people , to with-draw their affections from him , hath even in this very * parliament been cald high treason : now whether the kings supremacy , not only in things spirituall , but also temporall be not denied , and whether by your opposition to his majesties person and commands , and by whispering , yea , by open speaking evilly of him , and consenting to what hath been written against him , you have not made your selves guilty of that grand crime , let your own consciences also determine unto you . . consider whether it be not against common equity to practice the taking away from any one , that which comes unto him by lawfull inheritance , succession , or just election ? whether you would not so judge it , if any should divest you of what was left you by your parents ? and whether the kings authority and revenews , ( which you with others have endeavoured to dispossesse him of ) be not of the same tenure , and held by the best title : indeed if men come to power and authority by fraud and violence ( as your new masters have done ) the case is otherwise , lives lost in conspiring the downfall of such , may be reckoned well sold ; every man in common equity ( were there no tie of duty or allegeance ) is to help him to right that suffers wrong : but to concurre in oppressing the supreme magistrate , and in taking from him what belongs unto him , if conscience be suffered to make report , it will be confessed to be the highest injustice ; for as to detract from the standard which is the rule of measures , is the greatest sinne , so is it to detract from the king who is the standard of righteousnesse in his kingdome . . consider whether the demand of having the militia out of the kings hand ( wherein his authority and power consists ) which your leaders and you insist upon , be not against piety , and a plaine urging the king to act esau's part in resigning up his birth-right ; and whether you think in earnest ( as some of your preachers have suggested , ) that you have a sufficient ground to expect gods blessing upon your undertaking , though it be unlawfull , because jacob was blessed afterward , though the means which he used to accomplish his design were not approvable ? nay , seeing the king is not like esau , so easily drawn to part with his birth-right , but rather like naboth will keep his inheritance , for feare of gods displeasure : consider i pray whether you in going about to force him thereto by violence , are not all the while acting the parts of ahab and jezabel , who were persons that had sold themselves to work wickednesse ? nay , whether you are not more deep in the evill then they were , in regard the king is not to you as naboth was to ahab , a subject , nor have you as he did , tendred an answerable exchange , or rather a better for what you demand from him ; consider i beseech you and thinke well in your owne hearts of this particular . . consider and call to mind , whether those teachers who have been most active and busie in drawing you into this your way , have not hereby contradicted their own former doctrines : it was said of stephen gardiner , that no man ( in the daies of hen. ) had spoken better for the kings authority then he had done in his book de vera obedientia , and yet no man more violent then he was in queen maries time , in persecuting those that held fast to the same truth and doctrine : may not the like be said and affirmed of many of your preachers ; that no man taught the duty of obedience better , or inveighed more against rebellion and shedding of bloud , then they heretofore have done : but now none more violent then themselves in opposing those that practice according to the same doctrine : if it be lawfull to resist , defame and oppresse the king now , why did they then speak against such doings ? or if good language of him , as their soveraign , and humble obedience to him , was true doctrine then , how comes it to passe , that 't is not preached still , now there is such need of it ? truth is unalterable . they tell you of a certaine new light received , which it seems , was an attendant upon the militia , for till this was seized on by their faction , that was not seen ; and had not this been first obtained , probably that had been still concealed ; may not this new light therefore be suspected ? and the rather because 't is so contrary to that which gods word holds out unto us ; which as a sure and certaine guide we are commanded to take heed unto ? esay affirmes , that whoever speaks not according to the written testimony bath no light in him . and saint paul is resolute , that if an angell from heaven shall teach contrary to that gospell himselfe had preached ( which was the doctrine of obedience to princes , and of love to his brethren ) he ought to be held accursed : wherefore consider seriously in your own hearts , whether you have done well in suffering your selves to be thus led by your new lighted teachers . . consider whether they doe not onely oppo●e their owne former doctrines , but also their own former doings , and perswade you to goe with them , in those wayes which heretofore they exclaimed much upon others for going in ? did not they complaine much against forcing tender consciences , and against urging subscription to things of an indifferent nature , though allowed by law , because scrupled at , affirming the same to be against christian liberty ? and yet do not they now countenance farre greater violence , in pressing of things more directly unlawfull ? as for example ; would not they have the king forced against his conscience , to consent to the altering of that church-government , which he in his soule is perswaded to be most orthodox , and agreeable to gods word , and to the state of this kingdome , and which this church and nation hath so thrived under ; yea , and which himselfe at his coro●ation took a solemn oath to maintain ? and have not their very selves been the chief instruments of urging their brethren to the taking of new and unlawfull covenants ? and when unto tender and scrupulous consciences , the offensive oath hath been tendred in one hand , and an halter in another , with a furious commination , that they should have the one , if they did not presently accept of the other , a course which the bishops never used : have not some of these ministers approved of this rigorous dealing ? yea , and when some of the members of christ have been at the place of execution , to be murthered and martyred by their faction for their loyalty to their prince , or for falling off through trouble of conscience from their ungodly covenant and way ; have not some of their preachers stood barking at them , on purpose to disturb their spirits , and to hinder their quiet passage out of this miserable world ; even as that bawling fryer did doe unto archbishop cranmer ? ( when some have seen or heard them acting their parts in this manner , they have thought of that fryers picture as it standeth there in the book of martyrs . ) and here ( by the way ) let me exhort all men to read that book often in these times , and they shall find a very great resemblance between the bloudy persecutors of those dayes , and these now , and a great similitude in their courses ; it was not doubtlesse , without a speciall providence , that the said book was of late twice reprinted , that so there being a greater plenty of them , we in these times might ( being many of us ) be more enlightned , supported and comforted in our sufferings : and i would have you observe among many other things , that note of mr. fox , how henry the fourth , that deposed richard the second , was the first of all english kings that began the mercifull burning of gods saints , for their standing against the papists : so that we may thence learn , that 't is no new thing for them to be given up to the acting of cruelties against gods church and people , who have first given up themselves to practise rebellion against their soveraign ; these two sinnes ( as it seemes ) before now have gone together : but i return . did not many of those your ministers complain most fearefully in times past for the meer change and alteration of some few phrases and expressions in the common-prayer-book , holding it then ( as it seemed ) so perfect a platform of church-service , as that no word or sillable ought to be altered in the same ; and yet now upon the suddain have not themselves abolished the same wholly , as if there were nothing at all good in it ? how lamentably did they ( some of them ) raile even in print upon the bishops , for endeavouring ( as they said though most unjustly ) to weaken that honourable esteem which the people had or ought to have of the kings wife and children , by * omitting in the prayer for them , that usuall attribute therein given to god , scil . that he is the father of his elect and of their seed ; and putting in the room thereof , the fountain of all goodnesse : which thing did then speak to their hearts ( as themselves then said ) that the prelates would have the world think that the queen and the royall progeny to be none of the number of gods elect , and yet since that time , how themselves have concurred in speaking of the queen , and in abusing the whole royall stock and family , is too sufficiently evident to all people , and too grosse for me so much as to repeat : consider i beseech you ( good people ) of these things and conclude in your own hearts , whether it be any wisedome in you to follow such whirle-gigs , such weather-cocks , as these your preachers are . . consider , how these your men have most carefully shunned all publick disputes with our orthodox divines about this case of difference , which themselves have helped to raise against our religion , church , and king ; for might we but have obtained so much from them as th● martyrs in queen maries dayes did from the papist● ; we doubt not but long ere this , by scripture evidence , and streams of reaso● in truths behalfe , to have over-born that power , by which now they over-beare us ; and to have made you ( the seduced ) confesse in falshoods ruine and discovery , that the credit of your teachers ( like that of facing shifters ) is but very little being well known : might such men as dr. usher , dr. morton , dr. hall , dr. prideaux , dr. featly , and many others that might be named ; who have most valiantly held up the banner of christ against the papists , have been but suffered to defend his cause also against these men , the vaile had been puld from your eyes many years agoe ; but these craft-masters are so full of their trent wisedome , that by no meanes will they abide any disputes face to face , with our protestant divines . the militia is their best argument , fire and sword is more sutable to their purpose then gods word is . and as the papists urge the authority of their own pope and peculiar church , so doe these of their parliament , for a sufficient ground of peoples faith and practise ; the parliament judgeth so : ergo , 't is verity , and you must believe it , without any hesitation or doubting that it may be otherwise . because mr. john goodwin did but conceive a possibility of errour in the parliament , and out of love to them ( as himselfe professeth ) was affraid they might possibly tread awry , and hurt their foot against a stone , * prynne ( the parliament champion ) cryes out upon him for being malignantly jealous over them , and sayes , 't is most uncharitable , unchristian , detestable , fanatique , groundlesse and execrable jealousie in him , yea , venomous malignancy , oxfordian aulicisme . but to proceed ; these men do , and will ( as you shall find , unlesse god blast them ) require as simple , as absolute , and as unlimited an obedience at your hands , as ever the turk or pope hath done from their vassals ; an obedience not of will only , but of judgement also , which is a direct blind obedience ; and truly as the doctrine of infallibility is the root of all errour among the papists , so is it now among them that are the worshippers of the parliament ; for when it was once believed that the pope could not erre , then he might oppose princes , excommunicate kings , absolve subjects from their obedience , raise warres , shed bloud , yea , live as wickedly as he pleased , have as many bastards as he could get , the people were fast enough locked up unto him in obedience ; so now this being swallowed that the parliament cannot erre , the lusty members thereof may raise rebellion too , absolve people from their loyalty , persecute the king , and murther his subjects , seize upon all their estates , and sell or give them to whom they please : yea , and let them live as wickedly as they list , as vilely and basely as they please , let them get bastards , ravish and defile ladies of honour , and then defame them when they have so done , or attempted so to do , they may doe it impunè , for they be worthy members all the while , they have none above them to call them to an account , and the people being fast linked to them , by the vertue of blind obedience , will be apt to give faire interpretations of all their doings ; well , think seriously of these things in your retired thoughts . . consider also of times past , and compare your experience of the present , with them and say , whether the light of god doth now shine so comfortably upon your tabernacles , as when the king enjoyed his rights and possessed his throne ? whether you are now so stored with coyne , or have that leisure and wherewithall to build pleasant houses ? whether you lie so soft , all of you , fare so well , and have that entire command in your own houses , over your own goods and servants , as formerly ? whether you can say as truly and freely , that what you have bought and paid for is your owne , as heretofore ? i would that the londoners and citizens would consider , whether they be all so well plated , jewelled , and attired , themselves , wives and children ? whether their bags be not lanker , their banks lesser , and their meanes scanter then in those times of old ? whether they enjoy like liberties and priviledges under their new masters , as they did under their king ? and i would have the countrey-man consider , whether his payments bee not more , and his oppressions greater , then they were wont to be ? whether hee had not a merrier heart in his bosome , and more money in his purse , when hee payed his rents to the true owner , his right landlord , then ever he hath had since he dealt with these new usurpers ? o you poor seduced and abused people ! these new lords promised indeed that you should have your farms at a lower rate then formerly , so they might receive the rents ; but consider with your selves , hath not your supernumerary rates and taxations , and your billiting and furnishing out souldiers , amounted to more then the full payment ? and can you think that you shall not be skrewed up to the highest pin by those hucksters to whom they shall sell or give away your true landlords estates , or appoint to be as their own task-masters over you ? can you expect possibly any thing but blows and beggery under them ? perhaps indeed you may obtain at last ( in lieu of all your wealth and labours , and former happinesse ) to be partakers of that priviledge which the pesants of france and specially of normandy doe enjoy , scil . you shall have leave to begge freely up and down the kingdome without danger of whipping ; consider seriously of these things i beseech you . nay , consider ( o all yee people of all sorts ) whether you think in conscience , these your new rulers with their crew be the very meek ones of the earth as they account themselves , to whom the intire right and possession of all earthly blessings and inheritances doe appertaine ? whether it be a true position which since the militia hath been in their hands they have been bold to maintain , viz. that right by conquest is the best title , else gods providence would not permit them to be successefull ? and whether ( if that tenent be maintained ) any one of you all , can promise to your selves the use and comfort of any thing , that is either left unto you or purchased by you ? let this also be thought upon . . consider , whether in any thing these men have performed what at first they promised ? whether religion be better setled , the church better reformed , and united , the common-wealth more flourishing , the subjects more happy , then when they took these matters into their hands ? you were told by them ( as you well know ) when they first inticed you , to engage your selves with them in this warre , that the same would be quickly over ; and oft-times since when they came to borrow more money of you , have they not pretended continually that the worke was almost done , if you would but come off well and afford another good pluck , it would be quite ended ? they promised also ( when they moved unto the warre ) that they would exact nothing against your wills from you , no , god forbid that they should use any violence , they desired that men should do freely and without constraint , only what themselves pleased , they were all for the freedome of the subject ; but have they proved as true of their words as you did of your assistance ? have they used no enforcements to get your money since that time , or are your miseries concluded , and your expences yet at an end ? are the scots paid all their arrears ? is ireland reduced to obedience or as quiet as at their first meeting ? is the king setled in his proper rights and dignitie as was pretended , and the subjects in their liberties ? is judgement and justice executed in our gates , and oppression driven from our streets , and every thing removed that may provoke gods further displeasure ? nay , doth not the late prevailing of these men speak rather a neernesse of gods more heavie curse upon us , and a beginning rather then a finishing of your sorrowes ? is it not probable that god will take the matter into his owne hand by plague or famine and call both them and you to a reckoning for that christian bloud that is spilt by you without lawfull authoritie ? or are not all the nations of the world gods instruments , and cannot he employ some of them to punish you , for your punishing others without a warrant from his vicegerent ? or cannot he send a spirit of division amongst your selves , as once between abimilech and the men of sichem , after that by conspiring together , they had prevailed against the house and family of gideon ? sure bloud and oppression are crying sinnes in gods eares , and the judge of all the world will doe justice ; and 't is a fearfull thing to fall into the hands of god when he is angry ; consider in your hearts of these things . . consider the conditions of your chief leaders in speciall , and of their faction in generall , whereunto you have adhered , whether they be such as becomes the gospel of jesus christ , or rather whether in your observation they be not such as the apostles paul and peter prophesied should be in the worst men of the last and worst times ? have they not shown themselves a covetous & self-seeking generation ? did they not at the first seek and sue with all their strength and policie for the dignity to be chosen parliament-men , and have they not since placed themselves in the best offices of the kingdome , are not many of them ▪ that were leane and bare before , grown plump and fat and shining ? are they not in the mannagement of their prosperity and successe , boasters , proud , supercilious and scornfull persons ? have they not often blasphemed gods word , by perverting the same to their owne purpose ? have they not shew'd themselves disobedient , ingratefull , without naturall affection to their countrey and friends ? are they not manifest promise , oath and protestation - breakers ? doe they not daily approve themselves to be false accusers of others , fierce-spirited in persecuting their unjust and mischievous accusations ; also to be traytors , heady , high-minded , having only pretences to godlinesse without any true power thereof ? and further , are they not despisers of government , presumptuous in their wayes , selfe-willed , not fearing to speake evill of dignities ? doe they not run the black course of reproaching their betters , as well as the red of cruelty against their brethren ? now the apostles tell us that all such conditioned men are reprobates concerning the true faith , and made to be destroyed ; and doe you thinke that there is safety in being of their society ? againe , are they not of that number whom esay the prophet mentions , whose hands are defiled with bloud , and whose fingers with iniquitie , whose lips have spoken lies , and whose tongues have uttered perverse things , is not wasting and destruction in all their wayes ? have they not refused to know and to own the way of peace ? and now if they be such , consider whether you are like to gaine any thing by adhering to them , seeing that their egges are cockatrice egges , whereof whosoever eateth dyeth , and their webs are spiders webs , which shall never become garments to cover themselves , much lesse others : be serious i beseech you deare christians , in thinking of these things , and let not their religious pretences , their many fastings and thankesgivingdayes make you think ever a whit the better of them ; for satans ministers have come in the shape of angels of light before now ; it hath been the old custome of hypocrites to deale thus with god almightie by fastings and thanksgivings to uphold their reputation ; for their fastings read esay . chapter , and for their thankesgivings , see jer. . where 't is said of them , that they could steale , or plunder , murder and shed bloud , speak falsly and commit adultery , yea , and worship baal ( as some do now the militia or god of forces ) and yet ( sayes the lord ) they come and stand before me in my house , and say , we are delivered to do all these abhominations : they acknowledge gods deliverance , ( and perhaps his assistance of them ) but so as if the same had been vouchsafed on purpose , that they might be , and continue to be the actors of those villanies ; so in esay . ● . there is mention made of others that were frequent in their oblations to god , and as appears , vers . . had ( just as these men doe ) hated their brethren , and in a pretence of zeale to gods name had cast them out of their possessions , ( though they were such as truly feared the lord , and trembled at his word ; ) yea and for their successe against them , in these their mischiefes and unjust doings , they praised god and said , the lord be glorified , they had dayes of thanksgiving to that very purpose : therefore since it hath been the usuall custome of the grandest hypocrites to doe after this fashion , you have no reason now to think any whit the better of these men , for their outside professions . last of all , consider the relation which these men ( the members of the commons house i mean ) do stand in unto your selves , whom they command , and to your soveraign whom they oppose ; to your selves they are publick servants , chosen by you to agitate for you ( in gods way and according to law ) your common affaires ; scil . to confirme your religion , peace , and possessions to you ; and not to raise warres to the destruction of all these . to the king they are sworn subjects , bound by oath and protestation to preserve his person , estate , and honour , safe and intire against all people ; in briefe , they are the grand jury-men of the kingdome and nothing else , and their office is not to judge , or passe sentence against any persons , but to enquire after the grievances of the countrey , and to make presentment of them with all humility , unto the king who is the judge so deputed of god , and to the nobles of the upper house , who are with him as justices upon the bench , and to supplicate of them , ( in whom the only power judicative is resident , ) a redresse of things amisse ; and then when a good law is made , to give their assent unto it , and notice of it to the countreys or places whose deputies they are , and to stirre them up to honour their king , and to praise god for him who is so ready to do justice and to shew grace unto them ; this is the proper office and work of the house of commons , in the discharge of which only you are to shew countenance unto them ; but if they shall doe things out of spleen or unbecoming their places , you are to withdraw your favour from them , and to bestow your frowns upon them ; for if the grand jury at an assizes , in stead of doing that duty , ( whereto by law they are designed ) should fall to pull the justices from the bench , and to beat the judge out of town , and to imprison and kill their neighbours ( as good men perhaps as themselves , ) would you think it fit to take their parts in such their doings ? would you not rather all joyn to lay hands upon them , and bring them to be punished , for their misdemeanours ; and desire to have them put out of their places , and wiser men appointed in their stead that know how to behave themselves better ? i pray consider well of these things , and remember at length what you have done , and what you have now to doe , under whose fealty you were born , and to whom you have sworn allegiance : and observe what intimation our saviour gives in that saying of his , if my kingdome were of this world then would my servants fight , that i should not be delivered to the jewes ; or to them that seek to take away my life : doth he not plainly inferre thereby , that the subjects of earthly princes who have kingdomes in this world , ought to fight for their soveraign , to endeavour his deliverance from injustice and wrong , and not to suffer him ( in any sort ) to be rendred up into the hands of his enemies ; and be you certain of it , that so long as the king ( gods deputy and your protector under god ) is thus abused and kept from his rights , you shall never enjoy peace or prosperity , nor the quiet possession of what is yours , for gods heavie curse will so long hang over this nation and kingdome : well , think of it well , and doe accordingly . confident i am ( brethren ) that the major part of you did associate your selves with these ill disposed men ( as they of old did with absalom and achitophel ) in the simplicity of your hearts , by giving too much credit ( as they did ) to those false reports , which in their wicked policy they cast out against the king and government ; you were perswaded before you were instructed , and in your good zeale you have walked thus far , to the extirpation ( as you hoped ) of popery and prophanenesse ; which alas , you have exceedingly increased , though sore against your wills ; and are likely to thrust your selves into it , or into other as deep errours : you have heard say , that zeale without knowledge is very dangerous ; and let me tell you further , that the highest heresies have risen from misguided zeal : arrius upon detestation of gentilisme least he should seem to acknowledge more gods then one , by confessing a co-equality of christs divinitie with his father , denied the same ; and sabellius in detestation of arrius , fell into the other extreme , and denyed the distinction of persons . and be your selves the judges , do not many of you measure what is good and holy by its opposition to the constitutions of the church of rome , accounting most perfect what is most opposite thereunto , and that polluted which participateth in any thing with the same ? doe you not thinke your selves rightest when unlikest the papists , and nearest to heaven when furthest from them , though perhaps then you may be nearest to them in substance , even when most opposite in ceremony ? ( somwhat in this book hath been discovered to this purpose ; ) but that is not the right rule to go by : well consider i beseech you , of what i have said unto you , and desist from having any further hand against your king , and from labouring the extirpation of that government you were born under , which to doe , doubtlesse is a most heinous sinne ; if a man were borne in another land , where is a government lesse perfect then ours is , he ought not by any meanes to joyne in fighting for the destruction of it ; nor is our posteritie so strictly bound by such strong engagements of conscience to endeavour the restauration of this ( if by these violent and unlawfull courses it should be altered , which god forbid ) as we are now to uphold and maintaine the same , or to prevent the change thereof . wherefore ( i beseech you all ) remember your selves , think what you have alreadie done , what you are in doing , and stay your hands . object . perhaps some of you will say , but we have taken an oath , a covenant ( which our preachers put us often in minde of ) to persevere in our way , and not to forsake those men with whom we have entred into association . answ. master john goodwin one of your ministers doth enform you in his . serious considerations , that to violate an abhominable and an accursed oath out of conscience to god , is an holy and blessed perjury . now therefore if i prove that your oath and covenant is abhominable and accursed , then it will follow , that as it was an high sinne to take it , so is it an higher to keep the same , and according to the doctrine of one of your own teachers , an holy and blessed perjury will it be to breake it . but this i shall make good , and thus i argue . that which is ungodly and unlawfull , both in respect of matter and form , is abhominable and accursed : but such is that oath and covenant which you have taken , therefore you ought to breake it , and in no hand ( unlesse you will run upon your owne damnation ) to keep the same . this i shall evidence in both particulars , that 't is ungodly in respect of matter , and unlawfull in respect of form . first , an oath is ungodly in respect of matter , ( and so by consequent unlawfull , ) when it is to performe ungodly and unlawfull things , viz. things forbidden of god , and formerly disavowed by us ; but of this nature is this oath and covenant : for . 't is to oppose the king , and forces raised by him , whom god hath forbidden you to resist , and commanded you to fear , honour and obey , and whom you have sworne allegeance unto , and protested to defend in his estate and dignity against all opposers , with your lives and fortunes . . 't is to kill , slay and destroy your countrey-men and brethren , which as a work of the devil you renounced in your baptism , and is directly opposite to the sixth commandement , viz. thou shalt not kill , which then also you vowed and promised to keep and observe . . 't is never to lay downe armes , or to be quiet , so long as there is any left on the kings side for you to oppose ; whereas strife and contention are works of the flesh disclaimed also in baptism and forbidden in gods word , which commands you to live peaceably with all men , to study to be quiet , to love your enemies ; and to conquer them by patience and well-doing , and not by killing of them or fighting against them : now , therefore this your oath and covenant being of this nature , 't is utterly ungodly and so unlawfull in respect of the matter of it ; 't is of the same kind with that which the fourtie men entred into , neither to eat nor drinke till they had killed paul ; which none of you will grant had been fit to be kept , nay , rather 't is of a farre worse kind then that was , for 't is a vow or covenant , not only to breake gods commandements , and to kill your brethren , but also to slight your promise in baptism , and to renounce all your oathes and protestations of loyaltie and obedience formerly taken ; yea , and to persist in so doing : think i beseech you , how you will answer this at gods tribunall . secondly , an oath ( as i apprehend ) is unlawfull in respect of the form ( and so by consequence ungodly too ) when it is not expressed , administred and taken in such verie words as by law are prescribed , or when it is not enacted by full and compleat authoritie : but of this nature is this oath or covenant which you stick upon : ergo , 't is unlawfull and by consequence ungodly ; for confirmation of this ; let it be remembred , how ( before this unhappie parliament begun at a meeting in yorkshire about the first coming in of the scots , ) the king tendred an oath of loyaltie to the lord say , and some others , who refused the same upon this ground , it was not lawfull in respect of form , for the words , method , or frame thereof had not been agreed upon , settled , or established by act of parliament , viz. by the king and the two houses : and so the alledged reasons , why those oaths tendred by bishops and archdeacons at their visitations were condemned by this verie parliament for unlawfull ▪ was in respect of their formes , they were not administred in the precise termes , and direct words which by the king and whole parliament were prescribed and authorized . now if this be so , then this verie oath and covenant which you have taken , being as you all know , defective this way , cannot be legall , the king and whole parliament never enacted it as a law for you to take and observe . but onlie that corrupt faction in parliament , who ( having themselves deviated from the wayes of god and lawes of the land ) have imposed and forced the same upon you , to the end that with your lives and fortunes you might stand in the face of dangers for their sakes , and be as a strong wall to hedge and defend them in their wickednesse , and well they will requite you for this service . and for your preachers who perswaded you at first to take this covenant and now to keep it , they being in the same condition with them that imposed it , no marvell if they labour to hold you still under the bondage of it . but why doe not those your preachers answer those books which have been written against it , wherein the impietie and unlawfulnesse of it is fully evidenced ; foure * severall bookes have been written against the same , and not one of them yet answered , which very thing ( if well considered ) discovers their resolution in evill ; they perswade you to take and keep a covenant , which themselves are not able to maintaine to be lawfull by divinity , or reason , or anie other argument , but onely club-law : nay , one thing more let me mind you of , do but think with your selves how god hath manifested himselfe against this covenant in breaking asunder manie of those that were knit together by it : how are they divided ? how bitterly the presbyterians and independents write and speak against each other ? a rotten covenant it must needs be , that cannot hold the spirits of the takers one three yeares together ; doth not god hereby plainly manifest his dislike of it ? hath he not visibly made good his word against it by this breach among them ? es. . . associate your selves o ye people , and ye shall be broken in pieces , give eare also you of a farre countrey ( you scottish covenanters ) gird your selves altogether , yet shall ye be broken in pieces ; gird your selves and ye shall be broken in pieces : 't is worth the marking how the words are doubled in the text , which according to the interpretation of joseph , in whom the spirit of god dwelt , is to shew the certaintie of the thing that god hath established it , and will * shortly and surely bring it to passe . one place more let me remember you of , 't is hos. . . and i pray consider , whether the same may not fitly be applyed unto you , ephraim is oppressed and broken in judgement , there is his present misery ; the cause of it followes , because he willingly walked after the commandement , scil . of jeroboam and his rebellious faction , who by some new ordinance of their own devising had tendred some oath or covenant to the people against their king whom they opposed , and against the right and old way of worshipping god at jerusalem ; this ( it seems ) the people at first had consented willingly unto ; and for the same were soundly oppressed by their new masters ( that had imposed it on them : ) now oppression makes even wise men mad , ( especially when it falls unexpected , ) and hence it comes to passe , that they were broken in judgment , they became even like distracted men , because through their own easinesse , they had been perswaded into such bondage under such masters as did nothing but pill and oppresse them , and would afford no justice or remedy unto them upon their complainings . nay and yet this was but the least part of their punishment , the worst is behind , vers . . therefore sayes the lord , ( viz. because they willingly walked after the commandement , or were so easily perswaded to take a wicked covenant ; ) i will be unto ephraim as a moth , and to the house of judah as rottennesse ; i. e. my curse shall consume them and their families as a moth doth a garment , or as rottennesse doth a thing that is already putrified . consider i say , whether this may not in some sort concerne you , and if you think it may , i beseech you ( deare countreymen ) renounce speedily that sinfull oath which you have too unadvisedly taken , least as oppression hath already overwhelmed you ; so the moth and rottennesse from the lord doe also seaze upon you , say not you a confederacy any longer with them that have confederated against your church and king ; neither feare you their feare ; god is yet gracious and will pardon what is past if you repent , therefore let him only be your feare , let him be your dread : and your king also is gracious , ready upon your return to loyalty ( like the prodigals father ) to remit your unkindnesse and to receive you with gladnesse ; let him also be the object of your reverence , and let the desires of your soules be to rejoyce his spirit now , after this time wherein you have so sadded and afflicted him , that so at last yet , he may give up his account with joy , which will surely be most for your profit . and now for those your teachers who have seduced you , both from gods blessing & the warm sun too of outward prosperitie , which did so comfortably shine upon you , undoubtedly they were satans ministers in angels shapes : as once he made use of peters tongue to tempt our saviour , so now he hath of theirs to deceive you ; and observe them well , their gilt ere long will fall off , and their good report will die before them . and ( deare countrey-men ) let me not be thought to boast overmuch , if after s. paul's manner i compare my selfe with them to your cogitations and opinions ; are those your preachers englishmen ? so am i ; are they protestants ( at least in your esteem ? ) so am i ; are they ministers of christ ( think you ? ) know this , that by the favour and grace of god so am i ; and perhaps may say , that ( through divine assistance ) i have given as true a proof of my ministery among some that know mee as they have done : i have been in labours as aboundant , and in reproaches ( for christs sake ) more , in prison as frequent , in dangers of death as often ; in as many perils by robbers , by mine own countreymen , by false brethren as the best of them : and therefore i hope i may obtaine credit with you as well as they ; i tender your salvation i dare confidently say , for christ my masters sake , as truly as they do ; i have no design at all of mine own upon you , to get your moneys or ought you have : i aime only ( god is my witnesse ) to free you from the snare wherein you are intangled ; i am a stranger to you , and so am content to be untill the great day , when we shall all meet before the great judge , to have our hearts opened , and our works manifested ; and i doe beseech you , god knowes i write this with teares , and begge of you even in the bowels of our saviour , and for the sake of those your precious soules , which he purchased with his dearest bloud , that you would but be advised to consider seriously of what i have said unto you ; my prayer to the almighty is and shall be that you may but accept of the same with a like heart and spirit as 't is propounded , say but you amen , to this my petition , and we shall be againe of one mind and judgement . and o let us not , let us not my deare brethren , thus continue fighting one with another , or divided one from another , for if we do , we shall ere long , be destroyed one by another , but let us lay aside all malice against one another , and all evill speaking one of another ; sirs , we are brethren , why should we strive , and quarrell after this sort , to the sport and scorn of all that dwell about us , and to the obloquie and disgrace of our holy religion ? o let our contention i beseech you only be like that of the vine and olive , which of us shall beare best fruits , and not like that of the bryer and thistle , which of us shall be most mischievous and unprofitable . and so ( countreymen ) i conclude my speech unto you , with this prayer for you : pater ignosce illis , quia nesciunt quid faciunt , father of mercies forgive the people of this land , ( who have been seduced into this rebellion against the king ) their sinnes committed in the same ; for they know not what they have done , lay not the evill unto their charge , but wink at their former ignorance , and open their eyes now at length , and henceforth to see their errour , and blesse these considerations unto them , to that end and purpose for christ jesus sake . amen . and be you assured , sirs , that not only my selfe , but also many others whose bloud you have thirsted for , whose estates you have gaped after , and whom divers of you have been wont to entitle with the odious names of malignants , papists , devils and dogges , doe dailie pray to this purpose in your behalfe ; for we apprehending you to be in the same condition and state as s. paul was in , while he yet went breathing out threatnings against the church of christ , doe thinke it our dutie to approve our selves such as he was , when he prayed for the persecuting israelites ( his brethren according to the flesh ) that they might be saved : we conceive of you , as he did of them , that you have a zeale , though not according unto knowledge ; this our religion teacheth us to doe , and thus to think : and so god be with you . sect . xxviii . a faithfull and ministeriall admonition , to the troublers of our israel : scil . the factious members of the pretended parliament at westminster , who are evidenced to be neither patriots to their country , wisemen , nor good men : their religion discovered to be nec una , nec vera , nec bona . in the next or second place , i shall assume the boldnesse to speak a little unto you , ( o you men of westminster ) and i pray observe my words , if providence shall please to bring this my book unto your view . and first let me desire of you not to be angry , if i speak rather to profit then to please you , forbearing altogether those false and clawing expressions , which your adorers use , when they addresse themselves to speak unto you : i dare not tell you of any humble tenders of my constant devotion to serve you in your way ; for i am sure 't is not the way of christ and god , nor can i humbly acknowledge your great labour and endeavours imployed these many yeares in the reformation and preservation of church and common-wealth : for i know no such matter , but rather the direct contrary ; i love not to jeere you , for such language to you i take to be none other then a plaine jeering of you : nor can i tell how to give flattering titles ; i am one of christ's messengers , and have a charge to tell you aloud of your transgressions , and of your sinnes ; perhaps there are but few , that will in all things , do it so plainly , as i have done or shall do ; but as it is my duty , so i thank god it hath alwayes been my custome and care , to keep a good conscience in this matter ; and though i am guilty of many sinnes , ( for which the lord be mercifull unto his servant , ) yet praysed be his grace , i never had any inward check , for any knowne flattery of any in the serious discharge of my calling ; i hope i may without presumption say , that i am as free from that sinne as luther was from that of covetousnesse ; i make no question , if you can gripe me , you ( the guilty faction i meane ) will deale with me , as your fore-fathers did with my master jesus , for my going in this his way , of plainly detecting hypocrites and evill men ; and therefore i shall keep my selfe out of your power so long as i can , and doe pray that if it be my portion at last , ( when mine hour is come ) to fall within your reach , i may have strength and patience from above to endure the paines of death , which i shall confidently look for at your bloudy hands ; though let me tell you one thing , and it shall be only that which blessed sanders the martyr , told your brother stephen gardiner , you were best to take heed of shedding innocent bloud , for truly it will cry : and as jerome of prague did his enemies at the councell of constance , so shall i cite you to answer for it , before the tribunall of the most high and just judge : well , this being premised , i doe now addresse my selfe unto you , for the present in this manner . be it knowne unto you , ( o you unhappy men ) you have been the principall instruments of all our woes , and have given life and motion to all our miseries ; you are they that have most highly scandalized the gospell of the sonne of god , by your acting under the profession of it , most horrid evills , as if that had countenanced you in your so doing ; you are they that have turned this well-ordered common-wealth into a confused chaos , and have laboured with all your might to pull down the prosperous government of this most renowned church ; you are they that have persecuted and defamed a most pious king , and exposed to eternall disgrace and suspition the religion of the protestants ; you have suppressed , silenced , banished , murthered , and undone many thousand preachers and professours of it ; you are they that have deceived your countrey in abusing that trust which they imposed in you ; you would be accounted patriots forsooth , but you have acted the part of butchers rather , both upon the soules and bodies of your countrey-men ; you would be thought wise men , but your wisdome hath been only shown in ill doings ; you would be esteemed holy persons , but where then is that harmlesness , that undefiledness , which should have appeared in you ? you have been full of bloud-guiltinesse ; yea , of rebellion , which as the scripture sayes , is like the sinne of witchcraft ; majestie and mercy were wont to be the strongest guards against treason , till your dayes ; but you have violently burst through that double fence , and pierced through the privie maile of innocence too ; majesty , mercy , and innocence , all have been rather as a prey to invite your evill natures , then any guard to keep you back from offering violation ; o to what an high pitch have you ascended ? what transcendent impieties ? what blouds and blasphemies have you countenanced and committed ? quis talia fando temperet à lachrymis , who without flouds of tears is able to expresse or think of what you have acted . first , for the title of patriots which you thirst after ; o had you been advised by your king , had you closed with your soveraign when he at first committed things to your care , to order , rectifie and settle for our good , had you minded that work for which you met , and made that your businesse as he would have had you , how should we all have rejoyced in the very mention of you as of patriots indeed ? how should we have hugged your names in our affectionate memories , and conveyed them to posterity with a charge to keep in everlasting honour ? as adam and eve were our undertakers or representers in paradise , so were you in parliament , and as god to them , so the king to you , gave a liberty over all the plants and creatures in his garden ; restrained you in nothing , save onely from one particular thing , which was the forbidden fruit ; but nothing would satisfie your ambitious reach save onely that , whereby you have brought upon us all , gods heavie curse , and all kinde of miseries . o how farre were you from the disposition of honest joseph , who being tempted to meddle with that which belonged not to him , was with-held by the consideration of that great trust , which his master had reposed in him , and of that liberty and authority which in all things else was granted to him : and how did god soone after reward this his faithfulnesse by advancing him to as great authority over the whole realm , as he had before over one family ; wherein also all but the throne was at his disposing , in that only ( sayes pharaoh ▪ ) i will be above thee : which he ( good man ) was farre enough from seeking after ; for his endeavours only were to settle pharaoh more firmly in it , and to advance his wealth and dignity , as the story at large tells us ; by which meanes he procured honour and favour sufficient to himselfe , both with god and man ; he lived desired of all , and died lamented by the whole nation . o i say , that you had had the wisdome and the grace , to have imitated this joseph , this good councellour of state ; you were tied in as great engagements of gratitude as he ; but you without any other temptation , save only the corruption of your owne hearts , have laboured to ravish from your lord and master his reserved jewell of majestie , and to rob him of his wealth and of the hearts of his people : yea , and to invest your selves with that honour and esteem which with your strongest studies you ought to have fastened eternally to his crown and diademe . therefore you must never think ( however your flatterers doe bedawb you , ) that you shall ever be dignified by good men with that title of abraes , as joseph was , or be reckoned for patriots of your countrey . i have read that true patriots have these foure conditions . . they will love and obey their true and lawfull prince , giving example to all others of doing the like ; for to love their countrey and hate their prince can never stand together . . they will defend their prince and countrey against such as are enemies thereof , and that go about to dispossesse him of the rule and government . . they are carefull to conserve their countrey from desolation and ruine , by inland dissentions and civill warres . . they will also maintaine others that are borne in the same countrey as well as themselves in the fruition of their lands and goods rightly belonging to them . now i would have your own consciences speak , whether any one of these foure conditions have appeared in you since you met together ; nay , have you not rather shown a direct opposition unto them all ? have you not carryed your selves towards your naturall prince in all wayes of hatred , contention and disobedience ? have you not abandoned his authority and gone about to take away his absolute soveraigntie from him ? have you not occasioned desolations , spoiles , and robberies , throughout the whole nation , by these unnaturall divisions and civill warres which you have kindled ? have you not taken by violence from your country men their ancient possessions , left them by their fathers , giving and selling the same away to strangers , broken all their strong priviledges , and most tyrannically and cruelly shed their bloud ? let your owne consciences speake whether these things have not been done by you . you would ( i know ) be famous amongst men , and to this end you set your adorers on work to talk of great things which you have done , and to attribute to your sole praise those acts of grace , which were the fruits of the kings goodnesse , ( the benefit whereof notwithstanding you will not suffer the people to enjoy , ) yea , and they call you the phoenix-parliament , and the wonder-working parliament , but if we speake the downright truth , you are famous only in infamy ; it was said in josiah's praise , but it may be affirmed on the contrary to your disgrace , that never the like went before you , nor followed after you ; and therefore you are indeed a rare and phoenix-parliament : and wonders we confesse you have wrought too , even such as hell it self doth both rejoyce in and stand amazed at ; but christian mankind hath cause for ever both to abhorre and loath : it 's true , pulchrum est eminere inter illustres viros , ( as seneca sayes ) 't is a faire and desirable thing to stand in the rank of renowned men ; but they that will do so , ( as he teacheth * ) must consult for their countreys good , comfort afflicted soules , absteine from bloud , bridle their passions , bee peace-makers and instruments of quietnesse in their generation : haec summa virtus , petitur hac caelum viâ , this is true honours road , this is the way to heaven ; wherein as yet you have not entred , and therefore are no true patriots . secondly , nor are you truly wisemen , which is another title you challenge to your selves : let me tell you , that men qualified with true wisdome have heretofore judged warre the greatest evill , as whereby crescit scelus dum punitur , sinne is rather increased then punished in a nation ; and they have deemed the best use thereof to be the same which nurses make of robin goodfellow , onely to terrifie ; for instead of refining , it corrupteth and depopulateth churches and kingdomes ; therefore how farre will posterity judge you to have been from true wisedome , in choosing to accomplish your ends by this meanes , when they shall read of your doings , and withall , that what ever good you could expect or durst pretend to reap by it , was offred you without it ? you thought meet in your wisdome to walke rather in the way of feare , then in that of love , and to force your king to grant you more , then was fit for him to give , or you to take ; but this shewed your great ignorance , as of god and his paths , so of noble natures , with whom compulsion prevaileth never ; the limits of princes are not to be so bounded ; rex est qui metuit nihil ; majesty and feare cannot lodge together nor ought they ; inforcement kills authority ; 't is an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for subjects to give lawes to their superiours ; and that servants should beare rule over their masters , is the first of those foure things , for which the earth is disquieted , sayes wise solomon . truly ( gentlemen ) i would have you wise men , and so to approve your selves , your place requires it , but by no meanes will i allow you to be wicked ; for as wisedome best , so wickednesse of all others doth worst become you ; pallas the goddesse of wisedome , was feigned by the ancients to have a buckler all over covered with snakes and serpents , and i allow the like to you , but it was of pure christall all bright and clear , and so must your wisedome be : they gave her also a speare cum acutâ cuspide , with a sharpe point , and so let it be , but it was of true steele and not wrought but by vulcan whom they feigned a god ; they said she was a subtile woman : be you as subtile as she ; but she was ever a virgin , she was alwayes honest and would never be defiled , such must your wisedome be ; they said her councell was alwayes to be approved , but they therefore held that she had no humane mother , but was borne above , even of the braine of jupiter . and so from above would i have your wisedome to proceed , which s. james describes to be a wisdome that is pure , peaceable , gentle , easie to be intreated , full of mercy , and good fruits , without partiality and hypocrisie . i confesse the truth unto you , you are no fooles in one sence , you have a wisedome , and it appeares sufficiently , ( by all your doings ) where you had it ; you have been serpentine enough in your whole working , had you been but as dovelike too , you might have been chronicled for right wise men . solomon reckons up the spider , to be one of those foure little things that are exceeding wise ; but yet the spider was alwayes odious unto pallas , not for her subtilty but for her venome , and because her web is made so slight that it will make no garments , of which nature will all your contrivements prove in the conclusion ; they will not be able to cover your selves from the eye of gods justice or of the worlds notice ; intangle you they may , ( as sometime we have seen the spider intangled in her own web , as well as other flies which she hath spread her net for ; ) insomuch that ( as bildad in job sayes ) your hope shall be as the spiders web , that is , dashed in a moment , even as the spider and her web both , ( which she took such paines about ) is by the good huswifes broom thrown down together in an instant ; so shall you and your long machinations , be brought to a suddain period ; when the great house-keeper and heart-searcher , shall come amongst you , with the beesome of destruction . and i pray sirs let me aske you a question , doe you in your wisedome think in good earnest , this world will last alwayes with you ? can you promise your selves a continuing happinesse in your lofty and rebellious way ? did you never heare of that saying , sequitur superbos ultor à tergo deus , nor of that ubi non est pudor , nec cura juris , sanctitas , pietas , fides , instabile regnum est ? or can you be so blind as to think any of these are in your selves ? some folke perhaps according to the forme by your selves prescribed , doe sometimes betrim you with such strange titles , but are you so simple as to conceit that wise men do fancy them to belong unto you ? no , no ( gentlemen ) befool not your selves ; all people have not lost their eyes , nor is it a cloud but a net that you dance in ; we see plainly under what pretences you have divided our doctrine of unity , and unswadled the bonds of peace and charitie amongst us ; we perceive how you goe about to make your usurped greatnesse , wealth and honour , the rules to square out cannons of faith for us by , and how you set your assembly of divines , ( as you call them ) on work to devise arguments to uphold the same ; how you have silenced and suspended from preaching gods truth , all those laborious and faithfull teachers that will not preach to please your lusts , but rather to the discovery of your base ends and wayes : and how you have set up an high commission court ( or somthing worse which you call a committee ) in all counties to that purpose ; notwithstanding not long agoe , your selves did vote against some bishops for so doing ; and did declare that in the sence of the house , it was a very ungodly and wicked thing , to barre any good man from preaching and revealing the whole will and counsell of god ; we perceive well enough how you have pursued your own private ends in all your wayes , notwithstanding your publick pretences ; how you have greatned your selves , by that wealth and moneys extorted both from city and countrey , and how unwilling you are to come to a reckoning for the same ; we cannot but note , how you have invested your selves with all the kings revenews , with all the great offices of the kingdome , and with the estates of all loyall subjects , whom you have made delinquents ; and i pray wherefore ? but only for their conscience and loyalty . i dare challenge you to declare if you can any other reason , why many of your fellow members , who were men of sound and upright judgements , sincere hearts , and knowne integrity , of as good credit in their countrey as the best of your selves , and chosen with as generall a consent unto their places ; why , i say , or for what other reason they have been made delinquents by you , then only because their consciences would not suffer them to goe along with you in your way , which they knew to be directly opposite to gods word and the law of the land. but doe you thinke that these and many such like things , being observed & altâ mente reposta , will be patiently born alwayes ? will men of noble bloud and spirit indure this thraldome at your hands ? will they with contented eyes , see strangers enjoy and possesse that weath , and those inheritances which god hath given to them , and their fathers have left them ? will they not rather hazard their lives to cut ▪ your throats in revenge of their own wrongs , and think they doe god service in it , seeing you have disabled him from doing them justice whom god hath intrusted with the sword for that purpose ? doe you not think 't is possibie that you may eat the fruit of your owne wayes , and drink the juyce of your own doctrines ? quicquid indignum aut ferum cuiquam potuit , hoc fecit dolor , tenebraeque ( sayes wise seneca . ) nay ( sirs ) do you thinke that the common people who now adore you , will not at length fully sent you ? did you never read or observe , that the temper of popular affection is very aguish , and its tenure slippery ? do not you apprehend , that many of them already doe more feare then love you ? whence else ( being asked the reason of their adherence to you ) doe they usually answer in this manner ? what would you have us to doe ? if we should not doe as they would have us , they would plunder us of all we have , and not leave us worth a penny : can you fancy that this businesse will not worke in * time ? verily i am perswaded , ( unlesse you breake off your sins by repentance , and desist from rebellion , rapine and bloud ) rather then you shall go unpunished , ( if the sectaries whom you have fostered doe not ) the very people whom you have seduced will , even teare you in pieces as you go in the streets , as they did dr. lamb ( whom they tooke for a conjurer ) some ▪ yeares ago , and will pluck you as small as the people of rome did sejanus in times past ; for their apprehensions of you will be every way as bad as theirs was of him : you know how your selves and your preachers have taught the vulgar , who were otherwise instructed before , that the supreme power is in themselves , and that they may reform and punish malefactors and do god good service therein , if they cannot otherwise have justice done upon them ; and you in your wisdome have so exercised them of late , that they have undoubtedly learned to make no great scruple of shedding bloud , specially of such as themselves apprehend to be guilty ; it would be your wisdome to think of these things in time . as yet perhaps your vengeance sleepeth , & facta populus cogitur quam ferre tam laudare , people are forced to beare with patience , yea , and to praise your doings ; but remember quos cogit metus laudare , eosdem reddit inimicos metus , that feare which extorts praise , doth also engender and increase hate : when they come to be sensible of your position and resolution , scil . * malis domanda est audacia populi , & gravi semper jugo premenda , ne quid simile tentare audeat , i. e. the people must be kept bare and low , in an underly condition , least they attempt such a thing against us , as we have done against the king ; i say , when they come throughly and generally to be apprehensive of this your purpose , they will then remember where your selves have said the supremacy lieth ; when they feele the souldery maintained by you to offer them violence , and no benefit of law allowed them to right themselves ( as to this it must come , that you will not dare to gainsay the souldier in any of his wayes ) when these things come to passe , then looke to your selves , for your time approacheth ; but i am weary of your wisedome which will undoubtedly end in folly . i will consider also what your piety is ; for as was said , you would also be esteemed holy persons . thirdly , therefore for the title of godlinesse . the psalmist sayes , that the wicked walke on every side , when the vilest men are exalted ; we may give a guesse then at what is in you , by the conditions of those persons that are above-board with you , and imployed by you ; as also by that progresse which religion hath had since you have domineered ; for the goodnesse or badnesse of rulers hath alwayes been concluded upon from the growth or decay of religion in their dayes . but truly ( sirs ) not to flatter you , we observe your piety to be nec una , nec vera , nec bona , and therefore conceive it to be , in very deed nulla ; i must be plaine , 't is my profession , and my resolution , and therefore you must beare with me . first , 't is not una , for you are divided in religion , the very best among you , i shall minde you to this purpose of some passages in print , between your two so much extolled professors ( nay , martyrs so intitled , so honoured ) william prynne and henry burton , ( whom at the beginning of your meeting you sent for , and reeeived with more affectionate and generall applause , then ever since was shewn unto your soveraign : ) these two ( however conjoyned in that ridiculous and admired triumph , which your selves with the city of london , was pleased to make them , ) even these very two have been at daggers drawing , almost ever since , about their religion ; and each of them have ( even amongst your very selves ) followers and disciples great plenty ; they are indeed the two grandest champions of the two grandest factions of those which ( as reports goes ) doe swarm among you ; prynne is ( as appears ) for the presbyterians , and burton for the independents : and their controversie is about no lesse then a maine part of the gospel , for of that nature is church-government in burtons present judgement , and prynne was apprehended of the very same opinion all the while he held up satans banner against the bishops ; though now it seemes ( as many others of his sect are ) he is fallen from it ; for he holds now ( as prela●s did before ) that there be nationall churches , and that each hath a liberty to chuse and settle such a form of church government , as is most sutable to the lawes , customes , and manners of the people ; yea , and further , that there is no direct precept or pattern in sacred writ for particulars in discipline and ceremony , but they are left to humane prudence : and to prove this against his brother burtons faction , he doth use those very arguments , which were wont to be used against himselfe and his sect , and are to be found originally in mr. hookers ecclesiasticall policy ; but burton spits at him for this , and affirms plainely , that to shape religion in point of church-government to humane policy , is to shape a coat for the moone , & humano capiti cervicem jungere equinam , & populo ut placeret fabulas facere , to coyne tales to please people ; wherefore he taxeth his brother prynne of high presumption , in thus attempting to mingle earth and heaven together , ( they are his owne words , for i 'le not vary a syllable from his own expressions , ) what ( sayes he ) cannot your law and our gospel cotten together , unlesse our gospel weares your lawes liverie , and be tyred in a gown like one of your sergeants , made up of two severall colours . prynne is peremptory , that church-government and power of making ecclesiasticall lawes to binde , was ever in the civill magistrate ; the priests or clergie never had any thing to do in that worke by right ; and now ( sayes he ) the power is in the parliament ; that place math. . , , . if thy brother offend , &c. he will have to be meant not of excommunication , but of the civill court of justice : and he sayes further , that in the assembly or evangelicall synod , act . the apostles did not passe their votes as they were apostles guided infallibly , by the holy ghost , but rather as they were in their ordinary capacity as elders and chiefe members of it , and this he concludes to be an undeniable scripture authority for the lawfull use of parliaments and synods under the gospell , upon like necessary occasions , and for their power to determine controversies of religion , to make canons , maugre all evasions and exceptions of independents to elude it ; all which with much more such stuffe , to the same purpose ( as it seems ) prynne hath against his adversaries , and proves it ( as burton notes ) with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; but sayes he , that shall not serve the turne , for he denies every bit of it , with another 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as good as his ; he is very positive , that we should have a very mad world of it , if civill states or parliaments should have liberty to frame church-governments , or set up discipline ; he allows a state to pull down an old church-government indeed , but by no meanes to set up any , for that ( he saith ) is another thing . and he tells prynne plainely , that he is out of his proper orbe in talking thus , and 't is out of his jealousie that church censures should trench upon his pleadings at the barre of justice ; and for his part he is confident that the place mat. . belongeth not to civill courts , but to the church ( as all presbyterians heretofore did expound it ) and for the decrees made at the synod act. . he is of opinion , because they were binding , that they were made by the apostles , as they were apostles , and that the parliament now hath no power to make the like . and he is directly of opinion , that that assembly or church-meeting was no parliament , scil . no such parliament as prynne would have it , and therefore he adviseth him thus ; good brother , be not so peremptory , but take in your top-saile , 't is too high to bear up against so stiffe a gale of scripture and reason . prynne affirms before-hand ; that whosoever submits not to that church-government which the parliament shall set up , is guilty of arrogancy , schism , contumacy , and liable to such penalties as are due to those offences : burton cryes out , good brother , be not so legall , what if they set up such a one as godly people cannot submit unto ? must they either violate their consciences or suffer in their good names , for arrogant , contumacious schismaticks , and be liable to i wot not what penalties beside ? why good brother , if we should go and live under the turkish government , and could not in conscience turne turks in the religion there established , yet there is a way of exemption for it , namely , to become tributaries to the state , as many christians do : good brother let 's not have any of draco's lawes executed upon innocents ; shall we now turne worse persecutors of the saints then the prelats ? surely henry burton being so wise and so good a man in your esteems , you cannot imagine , but he sees some reasons for his thus speaking . againe , prynne in another place , requires absolute obedience to the generall consent of the assembly and parliament ; which burton holds utterly unlawfull , and alledgeth to prove it so , that generality of votes , whereby the jewes state did carry it away to crucifie their king ; inferring thereby , that he thinkes it possible that this parliament may vote a like businesse : and he sayes further , that we must not pin our soules to their sleeves , we doe not know whether they may possibly carry them ; a parliament is not immediately inspired by the holy ghost as the apostles were . prynne is very eager for forcing mens consciences : but burton is still as much against that tenent as prynnes own selfe was in former times , and affirmes , that no rule nor example , nor reason , can be drawne from scripture to force men to any religion ; no ( sayes he ) we are not to proceed any further with the papists themselves , then to information , and rectifying their consciences by instruction and admonition : and he adviseth prynne in these words , brother , let not that impartiall edict be revived , that if any confessed themselves to be christians , they should be put to death , nomen pro crimine , the very name of christians was taken for a crime ; it seems he is of opinion , that if the presbyterians prevaile it is not unprobable that edict may be revived againe . and afterward when prynne would have the civill magistrate to suppresse , restraine , imprison , confine , and banish the setters up of new formes of ecclesiasticall government without lawfull authority , burton conceiving himselfe aymed at cries out most pitifully ; and must i undergoe all these terrible censures , because you so judge ? but what if your judgement be altogether erroneous ? what punishment is due to him that condemnes the innocent ? you may be a civill judge one day ; remember then ( brother ) that if i come before you , that you meddle not with my conscience ; if you should make a law , like that of the jewes , that who so confesseth christ to be the sonne of god shall be excommunicate ; i shall be apt to transgresse that law , but yet take heed how you punish me with an ense rescidendum , or i know not what club-law . it seemes burton himselfe feares when his brother prynne comes to be judge ( as if you his good masters prevaile , you cannot reward him for the losse of his eares , and good service done you , in writing and pleading for you , with a lesse place : ) we are in some likelihood to have such lawes put in execution against christians , as were of old among the jewes ; for as john goodwin ( another of prynnes brethren speaking of him in his * book forequoted ) sayes , the statutes of omri are as good for his turne ( if authorized by parliament ) as the statutes of moses , the manner of the house of ahab , as laudable as the manner of the house of david , yea , of god himselfe : and indeed prynnes behaviour and language hath been such towards his soveraign , towards the church of england his mother , and towards some of his own brethren of late , that every honest man hath cause to put it into his let any and say , from prynnes pride , malice , and cruelty ; from his bloudy disposition and tyranny ; from his cursed lies and calumnies ; his religion , practices , and blasphemies , good lord deliver us . but to make an end with these two brethren , prynne accuseth burtons faction of obstinacy , singularity , arrogancy , selfe-ends ; and sayes , that independency stript of all disguising pretences , is nothing but pharisaicall , vainglorious , selfe-conceitednesse of superlative holinesse ; burton takes pepper at this , and sayes , that prynnes malice is liberall in throwing dirt in their faces , and confesseth ingenuously , that if he and his side should undergoe all these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and say nothing , a fooles cap and a bell were fittest for them , with which i leave them . now the reason of this large repetition of the passages betwixt these men , is to shew a proofe of that little agreement that is amongst the best of you ; and truly , till you have brought these brethren with their followers to a better unity , we shall never thinke you guilty of any great piety , what ever your pretences be . besides ( by the way ) you may observe and s●e , that henry burton himselfe doth not very well approve of your parliamentary proceedings , and lesse cause have we to like well of them ; i wonder how the best of you all will answer this ; you all take henry burton for a very honest man ; one he is that hath suffered much for the cause , and was up to the eares in the businesse as well as prynne , and in your grave judgements as worthy as he , of the greatest triumph that ever was permitted by a court of parliament to fellowes of such demerit since the world began ; one that is deeply gone in the way of perfection , yea , so farre , that i hope you will think it impossible that he should slide back or fall away , specially in these times of new light and revelation : and further too , himselfe affirmeth before all the world in his said book ( whether you take notice of it or no , i cannot tell , but if you doe not , you are much to blame ) that he was out for the state ( that is , for you the parliament ) or l. this was year . ( it seems the bishops had not left him so poore as you leave your prisoners , or else he had thrived well since , that he could spare so much , ) yea , and he professes too , that he did it with a cheerfull heart , not for squint-eyed respects , to lay out so much at once to receive of the state so much annuity , ( as it seemes some provident men doe : ) no , what he did was out of pure and perfect love to you ; therefore no man can think that he speaks any thing of you out of malice or disaffection ; but only out of truth and singlenesse ; and yet you see , he dares not trust his soule with you , as you are a parliament ; he reports of you as of persons to be suspected , notwithstanding your memberships : and how you will ever be able to acquit your selves in this businesse , i know not . but againe , as there is no unity in your piety or religion , so neither is there any truth or goodnesse in it ; 't is neither vera nor bona ; and therefore you cannot be such holy persons as you would be accounted ; you intitle god indeed to your doings ; but this is no argument of godlinesse , unlesse your actions were more godly , you mind not to approve your selves like him , but desire that he should be thought like you ; you would have us conceive you to be great with god , but we perceive you either will not or dare not trust him ; and this makes us believe that you are not very inward with him ; let your own consciences speak , do you not confide more in the militia of the kingdome then you do in his strength and providence for protection and preservation ? why else doe you keep such a racket , to have the management of that out of his hands wherein god hath placed it ? did you live by faith as the just and righteous doe , you could not possibly be so eager after the arme of flesh ; the true church of christ was never in more security , then when she had least of that to trust to . i have heard it affirmed by a learned and peaceable * minister of the protestant church of france , that they of their religion never lived so safely and so comfortably before , as they have done since they were disarmed of their weapons , which they were at the end of their last warre , which he called a rebellion . but with you , all the strength and promises of god it seemes are nothing , unlesse you have somewhat that is sensible to trust unto ; o if you knew god , and were religious indeed , you would be of another mind , for they that know thy name will trust in thee , sayes the psalmist . nay , we read in scripture of haters of god , that should come in the last times , who should have a form of godlinesse notwithstanding ; we feare you are rather of that number , and that you hate god for his word sake , because therein he so plainly opposeth those waies of rebellion , cruelty , oppression , and injustice , which you walke in , and commandeth so strictly those things which ( as it appears ) you have resolved against , and for his sake you hate all that belongs unto him , his church which you have destroyed , his prophets whom you have persecuted , his service which you have abolished , his temples which you have defiled , and his annoynted whom you have vilified , because in meeknesse , gentlenesse , mercy , patience , and goodnesse , he is so like unto him ; and are these markes of true piety ? not they that commend themselves , but whom their works commend , and whom god commends , are and shall be the onely approved persons . i dare boldly affirm , ( and i call your own consciences to witnesse it with me ) that kingly majesty was never so blasphemed , and exposed to vulgar contempt as it hath been since you sate ; nor was the dignity of parliament , which ( next to the kings honour ) ought by all true englishmen to be held as sacred , so abused as it hath been by you , who have used its venerable name to countenance all your evill and illegall actions against your soveraign and his subjects , and have made that high and supreme court ( as the pharisees of old did gods house ) no better then a very den of thieves ; and i am confident if jesus christ my master were here , he would tell you so to your faces , and bestow as many woes upon you as he did upon your brethren in those dayes , who ( like you ) did pretend so much to piety when they had so little of it . you take to your selves the title of the lords worthies , forfooth , but good names doe not alwayes prove good men ; titles without truth serve but to enhance and disexcuse damnation : you call the warre on your side sacrum , ( so was the pope wont to call his ) though it be both against law and religion : your league and covenant you stile holy , ( as was that in france when time was ) though like that , it be to root out protestant profession and the king ; your armies you intitle the armies of god , as the disobedient barons in king johns time did theirs , and your worke you call opus domini , the lords work , and the lords cause , though such as the lord abhorreth and detesteth ; thus bold are you with the almighty , as if he were such another as your selves ; but is this true godlinesse ? it will not be so found at the great day ; you talk much of conscience , but doth this alone prove you have any ? do not many men use to plead conscience , when through passion or opinion they pursue a cause with greater heat then themselves can give , or others discern a reason for ? your consciences scruple , as you would have us think , at a gesture or a garment in gods service : but they are secure in actions of killing , robbing , rebelling , and breaking all lawes of private interest and soveraign power ; we see you are resolute in bloud and rapine , and can even scorn at those that make conscience at such crimes : you talk of mens having authority from gods word for what they doe , and yet practice your selves things above measure sinfull , as if they were necessary duties , and are able to shew no scripture at all for the same ; we are posed we confesse at your pietie , we can see no dram of goodnesse in your doings , and therefore must conclude there is as little in your selves : policy we confesse , we see great store in you ; even such as was in jeroboam that sonne of nebat who made israel to sinne : for to prevent the peoples return to their loyaltie , ( whom himselfe had drawn into rebellion , ) he altered the established way and manner of worshipping god , which he knew would have reduced them to their right obedience , ver . . jeroboam said in his heart , if this people go up to doe sacrifice in the house of the lord at jerusalem , then shall the hearts of this people turn againe unto their lord , even unto rehoboam king of judah , and they shall kill me : and hereupon he sets forth a * directory or new way of serving god , and perswades the people , that other places were as fit for that purpose as the temple or church it selfe : yea and vers . . he made priests of the lowest of the people which were not of the sonnes of levi ; and chap. . , . whosoever would , he consecrated him , and he became one of their priests ; which thing . ( saith the text ) became sinne to the house of jeroboam , even to cut it from off the face of the earth . truly sirs , 't is too evident to all men that your piety hath runne in the very same channell , after jeroboams example , you have made england to sinne ; looke you to the consequent . we confesse also you have as much religion and pietie as absalom had , enough to vizard over for the while your cursed design , till you had supplanted your soveraign , stole away the hearts of his people from him , insinuated into them a suspition of his truth and justice , perswaded them to accept of you to be judges in his place , wherein you have received as many complaints , and relieved as few as ever absalom did . in briefe , such hath been your godlinesse and humilitie , that you have declared the king to have failed in his trust , and voted the royall power to be in your selves ; yea , a power more then royall , even to subvert all lawes , which because the king approves not of , you have drawne his own sword against him , and pursued him as eagerly on all advantages , as ever absalom did his father , while he in the meane time ( david-like ) hath pitied you , and was unwilling to spill your bloud ; surely , if there were nothing else then your unnaturall violence against your soveraign in all your wayes , opposed to his mercy towards you , in the height of injury , it were abundantly sufficient to discover to all the world that little true pietie that is in you : but if to this we adde also the consideration of that superlative crueltie towards your brethren , we are confident that no tongue touched with christianitie , will dare to speak one word in your commendations : your proceedings against them , speak you to be of the tyrant maxentius mind , that the bloud of christians is the best sacrifice to god ; and of a like religion with the assassines among the mahumetans , who deeme it soveraign devotion , puritie of manners , and the readiest way to paradise , for to kill those of a differing opinion to themselves ; and of the same faith with the donatists of old , who held none to be gods children , but themselves , and made it both their position and their practice , occidere quenquam , qui contra eos fecerit ; to kill and make away whoever durst oppose their doings , or was conceived to be any hinderance to their growing faction : but what warrant you have for these things we know not ; sure we are , you have none from the old or new testament delivered by the prophets and apostles from god to the church : what to this purpose will be found in your new * bible , which ( as reports goes ) you are about to set forth , we cannot yet tell , nor can we imagine how you will escape that threatning of god , bloudy and deceitfull men shall not live out halfe their dayes ; god accounteth mans bloud so precious a thing , ( though you have set a low rate upon it , ) that he requires the unjust spilling of it , from the unreasonable creature ; and would not allow the knowne murderer the sanctuary of his altar : therefore we are confident , that when he maketh inquisition for bloud , he will remember you to your smart and sorrow , for all your pietie ; and will call you to an account for that , and all your other evills , with so much greater severity , as conscience hath been pretended to such high and open violations of sanctity and holinesse . in a word , your piety is an enemy to truth , for it persecuteth that ; 't is an adversary to peace , for it opposeth that ; 't is a foe to order , for it hath pull'd downe that ; it will allow of no bishop , no king ; like that of the pope , it must be above all ; or that of lucifer , it will admit of no superiour ; it hath not onely defiled the whole land with bloud , but the whole bloud of the land with treason ; for scarce a family throughout the whole nation , but some one or other of it has been drawn by you into this conspiracy ; insomuch that norfolke i feare can no longer boast of her . houses of gentlemen never yet attainted ; cheshire i am sure by your meanes , has lost for ever her ancient glory ; which was , that it was never stained with the blot of rebellion , but alwayes stood true to their king and to his crown ; whose loyalty richard the second , so farre found and esteemed , that he held his person most safe amongst them , and by authoritie of parliament , made that county ( for this cause ) a principality , stiling himselfe prince thereof ; doubtlesse when these things come to be considered upon in after-ages , most odious will your names be to succeeding generations . to conclude , your pietie hath merited for you those titles which s. paul bestowes upon elimas the sorcerer , act. . . and it being attended with so much knowldge , i feare it hath advanced you to that high pitch , which those pharisees in christs time were ascended to , whom our saviour intimateth to have committed that sinne which should never be pardoned in this world , nor in that to come ; and so it hath made you capable to be given over ad hospitalium incurabilium ( as erasmus spe●kes . ) but my prayer for you is and shall be , as peter prayed for simon magus , that if it be possible you may be pardoned , and that the wickednesse of your hearts and wayes may be forgiven you . and to this purpose i desire you all who like them mat. . . doe conceive your selves concerned in these my words , that you would but consider of this short advice which i shall propound unto you , and then say amen to a short collect which i shall make for you . my advice is this , that ( upon your serious thoughts of these things which ( as gods minister ) i have said unto you , ) you would remember what poor wormes , what grashoppers , what graines of dust your selves are , in compare with that great god whom you oppose , ( by your endeavours to pull downe his annointed , the king , and his spouse the church , ) and whose eternall curse hangs over your heads , which together with the odium of the whole nation will o're-whelme you speedily , if you doe not by your more speedie and unfeigned repentance prevent the same : and thereupon cast downe your loftie looks and stout hearts , lay aside your high stomacks , and in an humble selfe-denying way throw your selves down at the feet of your soveraigne ; yea , if it be in the habit and posture of those men , of whom you may read , king. . . it will be so much the better : for believe it , you have farre more reason to doe it in that manner to your king , then those syrians had to doe so to the king of israel ; and resolve with your selves , that if your lives be granted , you will spend the remainder of them solitarily in practising the duties of penitentiaries ; this is mine advice to you , which by gods grace may prevent hell , if imbraced by you ; my prayer followes in these words : o omnipotent and almightie god , to whom nothing is impossible , be thou pleased to magnifie thy power , and thy mercy in converting these men ; bring them upon their knees , ( good lord ) before thee , before their soveraigne and before the nation , and perswade their proud and rebellious spirits , to begge pardon of all for their evils done , and to beseech the supplications of the whole church and kingdome unto thee for themselves ; and to this end let them feele that hell which is in their owne bosomes ; let the bloud which they have shed cry , and the evills they have committed roar within them ; let them seriously think of those devouring flames , of those everlasting burnings , upon the worme that never dieth , and upon the fire that never shall be quenched ; as their sinnes have abounded towards thee ▪ so let ( deare god ) thy grace be more abounding towards them ; it will be to the greater glory of thy goodnesse at the great day , to have pardoned such great sinners as these be , when every saint shall extoll thy mercy to his owne particular selfe , if they shall come forth among the rest and say , but to us , to us , god hath been more mercifull then to all others , in his forgiving us more and greater evills . o remember ( holy father ) thy sonne came into the world to save chiefe sinners , and these are such , and his bloud is able to wash away the deepest staines , even those of these men ; therefore for his sake grant pardon if possible , unto these bloudy and rebellious persons . amen . and thus gentlemen i have as christ's messenger , discharged mine office to you , in telling you plainly of your transgressions ; i thought , though perhaps others may not be of my mind , this time of your height and greatnesse to be fittest for this performance ; for if not now , i know not when had been the season ; when your night which is drawing on hath overtook you , and brought you under hatches , into bonds and prisons ; it will not be then so proper for a man of my condition , to torment you further with the remembrance of these things : and the truth is , i am not base enough to act prynnes part , or to visit you , as some of your ministers did the bishop of canterbury in the tower , to triumph and insult over him in his miseries : i abhorre to set my foot upon the neck of a fallen foe , to widen wounds , or to greaten sorrows : i blesse my god , i can look upon mine enemy in his affliction with an eye of pity , and weep for him ; yea , and i hope when that day of darknesse comes upon you , to be one of those that shall indeavour to bring balme from gilead to you : and indeed if god would but please , after all my sufferings at your hands , to vouchsafe me but that honour , i should conclude it were enough for a poor mortall , and should say upon it with that simeon in the gospel , lord now let thy servant depart in peace , for mine eyes have seen thy salvation ; thy rich , thy great , thy plenteous salvation unto thy people that wait for thee ; and so till then , gentlemen , adieu . sect . xxix . a consolatory speech to the loyall-hearted , that suffer for conscience sake in these times : arguments to assure them of gods helpe in due time . marks to know the approach of that time : how they are to demeane themselves in the meane time , living , and dying . i have now but a word more to adde , and that shall be to those loyall men , who for conscence and duty sake , have adhered to their soveraign , and kept themselves unspotted from this sinne , which like the arian heresie hath so suddenly orespread the whole nation , and for this cause have been persecuted and hated by these evill men , who have also deprived them of all their outward comforts : and what shall i now say unto you , ( most worthy and approved ? ) shall i bewaile your sad condition , or lament over you for the wrongs suffered ? this would be an endeavouring to bring you lower then you are , to draw you down to basenesse , to weaken your spirits , and to expose you to be more despised , and so to do you a greater injury then hath yet been done you ; for pity is the poorest and most helplesse salve of misery , and by noble minds farre more abhorred then the worst of fortune : away therefore with such feminine and feeble cordialls , which women use , and children relish ; let me tell you , that you are more then men , you are christians chose out of many by almighty god , to suffer for his sake ; to be in your age the glory of religion , and the honour of your nation : you are no chaffe , the wind hath not blown you away , nor can the flaile hurt you , as they fancie that afflict you ; they think they rob you , in taking from you what god gave you ; but they think amisse ; for he can make them vomit up againe that wealth of yours which they have swallowed , or can return it in specie another way ; all the substance and riches of the earth are at his disposing , who observes and notes who they are , that lose all for his sake ; at least doubtlesse , he will and doth repay outward losses with inward graces : and be confident of it , the more damage and affliction gods truth brings you , the more felicitie and joy abideth for you ; 't is gods cause for which you stand , 't is the honour of the . commandement which you maintaine , as the martyrs in queen maries daies did of the second ; and hence 't is that you are spoiled , and have your lives sought after ; but what an high dignitie is it , in the meane time , which god hath here called you to ? it was the confession of blessed mr. bradford in a case of like nature , that himselfe had deserved the miseries he lay under at gods hand , and not only them , but even hell too ; notwithstanding ( sayes he ) so loving hath god been , that he hath converted the punishment of my sinnes into a testimoniall of his truth and verity , which indeed the prelates persecute in me , and not my sinnes ; and therefore they persecute not me , but christ in me , who i doubt not but will take my part unto the end ; put but parliament instead of prelates , and the words may be your own without alteration of a syllable . so bishop hooper in those daies , being at the stake appeales to god in these words ; ' t is knowne to thee o lord , wherefore i am come hither , and why the wicked doe persecute thy servant , not for my sinnes and transgressions committed against thee , but because i will not allow of their wicked doings , to the contaminating of thy bloud , and the deniall of thy truth received ; each of you in your condition may make a like appeale , and also adde what another martyr said , in the behalfe of himselfe and others , if we would but seek to please men in things contrary to thy holy word , we might ( as others doe ) enjoy the commodities of wife , children , goods , and friends . besides , 't is not for gods truth only , that your engagement is ; but for your countrey too , & dulce est pro patria mori , it hath at least , in old time been so accounted ; nay , what good man can wish life to see his countrey buried ? vitae nimis est avidus , quisquis non vult mundo secum pereunte mori , saies wise seneca , they are over greedy to live , that think it not an honour to die at the funerall celebration of church and kingdome , which to the eye of over-timerous and doubting nature , may seeme perhaps to be neare approaching . and were it so , that a generall destruction should come , yet how happie shall you be above those other men , who having first made ship-wrack of a good conscience , are forced afterward to lose all things else . but our dutie is , both to hope and pray for better ; for god is now the same he was of old , as gracious still as ever , nor must we as many doe , trouble our selves with gods decree , and grow dull upon it ; for himselfe sayes , if the same at any time be gone forth for the plucking up or pulling downe a nation or kingdome , an humiliation or turning from sinne , shall suspend the execution ; so did that of ninive in like case , and that of hezekiah when word was brought him that he should die ; 't is gods custome , to moses-like ) may stand in the gap upon such occasions ; he had spared sodome it selfe , had there been but ten righteous in that city ; his bowels are no whit contracted in these gospel-times , and there are no doubt manie thousands in this land whom himselfe is pleased to account righteous . nor doth god regulate his dealings by what is in us , but by what is in himselfe , and there is mercie in him , though no merit in us ; christ is full of righteousnesse , though we be full of sinne ; holinesse and truth are in gods nature and promise , though there be nothing but corruption in our nature and practice ; and for mine owne name sake ( saith the lord ) i will defer mine anger , and for my praise will i refraine from thee , that i cut thee not off ; and againe , the second and third time , for mine owne sake , even for mine owne sake will i doe it ; and in another place , not for your sakes be it knowne unto you , will i doe this , but for mine owne holy name sake : this name of god is that strong hold which zachariah , the prophet directs unto , in times of danger ; and that tower whereunto the righteous flie and are safe , as solomon tells us . but then though our selves indeed be as nothing in this case , yet our miseries ( which are great upon us ) may be said to have an influence upon gods pitie to stirre him towards us ; for the oppression of the poore and sighing of the needy , i will arise ( saith the lord ) and will set him in safety from him that puffeth at him ; and againe , because they have called thee an out-cast , i * will restore health unto thee , and heale thy wound ; thus have they called us , thus have they made us , and that for gods name sake , which makes the more for us ; yea , and yet they give god thanks for their successe against us , as if he approved of their injuries to us , and this is further also to our advantage , as the spirit tels us in the prophet , your brethren that hated you and cast you out , for my name sake , said , let the lord be glorified , but he shall appear to your joy , and they shall be ashamed , as if he had said , the sooner for that . and to assure us of this , we have a further argument yet , scil . the engagement of his gospel with us , which is as deeply interessed in our sufferings as we our selves are , and doth as equally need deliverance ; yea , that is likely to abide under disgrace and obloquy , if the cause we are persecuted for , be not supported ; nay , if our enemies meet not with confusion in their way , christ's whole life and carriage as well as his doctrine will fall under suspition and condemnation by their prevailing ; 't is well known that his name is pretended in all their proud , rebellious , butcherly opinions and proceedings , as if he had given some precept or example for such doctrines and doings ; and had discountenanced that low way of humilitie , obedience , meeknesse , and love to brethren , yea , to enemies , which we maintain and suffer for : but christ's gospel is his glory ; 't is his word which he is resolved to magnifie above all things ; and to vindicate the honour of that , his father ( to whom he cannot be unfaithfull ) hath committed all authoritie and power into his hand ; wherefore we need not feare , though we are now down , we shall rise again ; though we sit in darknesse , yet the lord shall be a light unto us ; he will plead our cause , he shall execute judgement for us . yea , and that for his justice sake also , for christ is king still , for all this , and judge of all the earth , and his office is , to help them to right that suffer wrong , to punish ill doers : yea , his delights are to confound the crafty , and to throw down the proud and lofty : bloud guiltinesse he hareth ; how was cain branded for it , and cursed ? how were simeon and levi in their posterity scattered , but for one bloudy act in heat and anger ? they had not yet arrived at , studied or reiterated murther . rebellion he abhorreth , and rather then that shall goe unpunished , god will create a new thing , the earth shall open her mouth , and swallow up corah and his companions , if moses cannot master them : and rather then absalom and achitophel shall scape their due demerits , the one shall hang himselfe , and his haire the other ; let david doe his best to save his sonnes life , he shall not have his will ; for god is king above him , and hath decreed that justice shall be done upon all traitours : treachery and falshood his soule loatheth , and therefore hath ordained , it shall cut its own throat , rather then want an executioner , and be the cause of its own ruine ; in deed what was never true in it selfe , cannot be long true unto it selfe : ephraim and manasseh may be both against judah , but before they have done , they will be as much against each other ; nay , rather then faile , egyptian shall be against egyptian , falshood will find enemies amongst those of its own house and herd ; there may be a conspiracy in it , but no true concord ; for 't is only righteousnesse and peace that can kisse each other : the strongest fire-brands in ill , are like the fire-brands of sampsons foxes , knit but in the tailes , not heads , nor hearts ; how sure in the end are they to burn their own knots asunder ? no confederacy ( sayes god ) nor association without me shall stand ; take councell together it shall come to nought ; and gird your selves as strongly as you can , you shall without faile be broken in pieces ; the zeal and justice of the lord of hosts will bring this to passe for us . he hath done the like for his people in times past , and he will not leave his ancient custome , which may bring to our thoughts another argument of assurance . it hath been gods wont when he hath beat his child , to burn the rod ; babilon the hammer of the whole earth , was at length broken . ashurs glory and greatnesse , though some years in growing , was consumed in a moment ; the rod of gods anger is also the object of his indignation ; the instruments of his judgement scape not his fury , the dreggs of the cup fall out to be their portion , i will take the dreggs of the cup of my fury out of thy hand ( saith the lord to his people , with whom he had begun ) and will put it into the hand of them that afflict thee , and have said to thy soule , bow down that we may go over ; the rod of the wicked may be upon the back of the righteous , but it shall not rest there , namely for ever . but perhaps you 'l say , when will god doe this ? how long ? how long shall we stay before we have experience of it ? himselfe sayes , after a little while mine indignation shall cease towards thee , and mine anger shall end in their destruction . god doth all things in due time , he gives rain to the earth , food to man and fury to his enemies , and all in due serson ; to me belongeth vengeance and recompence ( saith the lord ) their foot shall slide in due time , for the day of their calamity is at hand , and the things that shall come upon them make hast ; every thing is most beautifull in its season , and a worke of this nature is then in season , and most beautifull , when gods hand is so clearly seen in it , that all men may confesse and say , verily it was his doing . but what are the signes of that season ? i 'le name four , and so leave you , . when humane helps are gone , and no power left among men ; no reserve of succour to be looked for at their hand from whence formerly it was wont to come ; no second causes to be seen , then will god arise and judge for us : so we are told , the lord shall judge for his people , and repent himself for his servants when he sees their power is gone , and trere is none shut up or left ; and therefore we are advised in another place , when we are in darknesse and see no light , then to trust in the name of the lord , and to stay our selves upon our god david did so ▪ and found the comfort of it , sam. . ● . &c. god's use is , not to reach out his hand , till peter be almost sunke , but then he failes not . . when the wicked that pretended to us , but were not of us , are scattered , and destroyed , when they that envyed at us , maliced us , and abused us , because we durst not be so vile as they , to run with them into the like excesse of riot , but were more affected then they would be with our kings sorrowes , and gods judgements upon our nation : when these ( i say ) are come to nothing , and so likely to have no part of the glory of the work , when done ; then will god himselfe appeare for us ; and this is intimated to us ( as was noted once before ) in esay . where speaking of such a prophane and wicked crue , who when god's hand was lifted up in judgement , would not see it , nay , they maliced and envye● , as it seems , those that did see it , and layed it to heart ; but the fire of thine enemies , o god , shall devoure them for it , saies the prophet : i. e. rage shall continue powerfull even in their hands whom thou hatest , till those other wretches are consumed , or blown to nothing , and then it follows , o lord , thou wilt ordaine peace for us , yea , thou shalt then work all our works for us . . when the sin of the enemy is high , and himselfe higher in his own opinion then ere before ; when he puffeth at his opposites , as too farre below him for to reach him , and promising himselfe securitie , thinkes the work done , dares affront god , his word , his name and glory , and prophane what ever hath his mark upon it , then will the lord rouze up himselfe against him ; it is time for thee lord to work ; for they have made void thy law , sayes david . when balthazar was bold with those vessels appointed to holy use , the hand-writing appeared against him : when rabshakeh and his master were so bold with gods name , as to entitle that to their villanies , the lord put an hook into their noses , and a bridle into their lipps soon after : when the proud philistine disdained davids littlenesse , his own ruine was nigh at hand : when those amalekites that took ziglag , were eating and drinking , and dividing the spoiles , and dancing for joy of their great booties , they lost all againe upon the suddain , and their lives withall : and the apostle speakes it positively of all ungodly and self-promising men , that when they shall say peace and safety , then suddain destruction commeth on them , as travail upon a woman with child , which they shall not escape ; yea , the day of the lord shall come upon them , as a thiefe in the night , suddainly , unexpectedly , when they are at rest , and look for quiet . . when the stomacks of gods afflicted people be down , and they not only made like mire in the streets , but contented with it , in as much as they see gods hand in it : behold ( saies the lord ) i have taken the cup of trembling out of thy hand , and thou shalt no more drink of it , but i will put it into the hand of them that afflict thee , and they shall drink of the dreggs thereof , even they which have said to thy soul bow down , that we may go over , and thou hast laid thy body as the ground , as the street to them that went over ; when the people of this land have been content to bow their backs so low as under the name of delinquents , meekly and patiently to buy over at the hands of the rebels those lands and inheritances left them by their fathers , then may the lord make good his word unto the peeled and oppressed people of this wofull nation . in a word , as when the wise parent hath brought his child to kisse the rod , then he gives over beating him and burns that ; so perhaps will god deale with us , beat us with the rod till he hath brought us for to kisse it ; and this we do , when with appeased spirits we can supplicate him to pardon them that have thus abused us ; when we have layed aside all thoughts of revenge towards them , all purposes of crying quit for quit with them , if god restore us and bring them into our condition . wherefore friends and fellow-sufferers , we now see what we are to doe , even to resolve by gods grace , if we live and thrive , not to doe to them as they have done to us ; but to return rather good for evill , for thus it becomes us to do , as we are christs members , nos pati poenas decet , non esse poenas , we must be ambitious to be conditioned in this case , like that good archbishop cranmer , of whom it was said , do my lord of canterbury a shrewd turn , and you shall have him your friend ever after ; but of all people , we must take heed of being like our enemies , of whom it may be said on the contrary , doe them a good turn , and you shall have them your enemies ever after ; their custome you know hath been , when we have fallen into their power , to interpret the same to be by gods providence , to the end that they might torment , mischief , and abuse us , which they , or some of them have not failed to doe in full measure ; and when they on the other side have fallen into ours , and fared well , to insult thereupon , and say , no thank to us therefore , for we would fain have done them hurt , but god would not suffer us , but restrained us , by holding our hands whether we would or no , and delivered them from us , to the end they may do god service in punishing us afterward , if they can but get us : now perhaps they may be of the same opinion still , when hereafter they shall be at our mercy ; but we must look to god and not to them , remembring alwaies though they deserve no favour from us , yet god deserves to be obeyed by us , and for his sake we must shew mercy : we have heard of josephs kindnesse to his brethren , that had evill thoughts to him-ward , we must resolve to doe like him , and if the conditions of joseph be in our carriage , the blessing of joseph shall be our portion ; this must be our resolution if we live . and if we die , by their despightful hands , before god doth turn the wheel upon them , we must resolve to conclude our daies as christ our saviour did , with praiers in our mouths for them , which it may be ( through gods working ) may have a like effect after our death , as christs had , to the conversion of some of them ; the conversion of those . act. . is held to be a fruit of christs prayer upon the crosse ; and sauls conversion , of stephens prayer at his death ; so who knowes , but our meeknesse , our patience , and our prayers at such a time , may be effectuall to a like purpose ? even to draw some of our persecuting countreymen from their bloudy and rebellious way , into the paths of christ and of his gospel ; yea , whether we live or die , if we can do christ and the king service no other way , let us resolve and endeavour to pray down their and our enemies by praying for them : and by all meanes while breath is in us , let 's have a care so to live , as we may still credit our righteous cause , and as becometh those that are designed to slaughter for jesus sake , and for the doctrine which he left us ; holy bloud ( believe it ) will prove of harder digestion to them , then prophane ; that they had killed the holy and the just one , was that which afterward pierced the hearts of these mens elder brethren when time was ; i say no more : but , the lord strengthen and guide us all in our christian and loyall way by his grace and spirit ; that though we be a people robbed , spoiled , snared in holes , hid in prison-houses , driven to banishment , and exposed for a prey ; yet we may walk before our god in all humilitie and well-pleasing , to the restauration of his gospells honour , the inward comfort of our own spirits in the midst of miseries , and to the conviction and shame of our unnaturall countrey-men , who seeke to take away our lives also from us . soli deo gloria . amen , amen . may . . a post-script to the reader . this book was prepared ( as now you have it ) and might have seen the light , within lesse then the compasse of that year , wherein the libell ( which it answers ) was first published , had there been at hand the convenience of a presse , and strength to bring forth : but 't is no small advantage , which the enemies have , against truth and the king , that with them is both liberty and ability to vent what they please , whereas with us is neither : had we but halfe the like helps , encouragements , and powers , which they have had , the world should see that the king hath subjects , and the truth defenders . there hath been a further alteration of affaires ( to the worse on the kings side , since this book was written ( as may be collected from many passages therein : ) and divers particulars concerning the enemies deportment , here expressed , have so fallen out , as foreshewn ( for indeed 't is no difficult matter , for any man acquainted with their spirits to fore-speak their doings : ) had there appeared any change in them to the better ; nay , had their growth but promised a probability of more christianity and duty , in their future , then hath been in their past actions , or then was here prognosticated of them , this publication perhaps , ( having been thus delayed ) had been still suspended ; though in very deed , there is no reason , why for such a cause it should have been quite stifled ; seeing that their libell ( which it confuteth ) is divulged , printed , reprinted , and still sold , to the kings darkening and defamation : besides many other scandalous and vile pamphlets have been and are daily sent forth on purpose , to damp his lustre , and to staine his glory ; yea , and translated too they are , into other languages , that he might appear deform'd and spotted to the eye of forraign nations ; which because they have not been answered with a like industry on our parts , strangers have thought , yea , and affirmed , that nothing could be said for him , because nothing was ; ( scil . to their capacitie , ) we have ( say they ) read in our owne languages many bookes against him , but none in his behealfe ; it must be acknowledged in very deed , that this way the enemies have been more diligent in defaming , then we have been in defending the king ; though in our own tongue there hath been abundance written in his justification and to their detection . the protestants of other countryes unto whom the kings bosome was alwayes open in their distresse , towards whom his bowels alwayes yerned , and for whose reliefe his commands went often forth , to all churches in his kingdomes to make collections ; how have they ( at least too many of them ) by meanes of those industrious lies and libels , opened their mouthes and stretch'd forth their tongues against him ? and how are we ( that suffer with him and for him , or rather for the truth maintained by him ) esteemed of , in our banishment amongst them ? are we any other but objects of scorn and taunting to them ? 't was our delight ( but 't was our duty , and our work is with the lord ) to obey god and him in contributing to their necessities in the day of their visitation ; but they take pleasure in this of ours to wound our very wounds , and to enlarge our sorrows , yea , every way to help forward our affliction ; at what a distance have they looked upon us , because the hand of god is out against us ? what bitter words have they darted at us , and which is to our great griefe , against the sacred person of our soveraign ? with what violence and confidence doe they ignorantly undertake to justifie the false reports of his enemies against him ? nay , how is our church it selfe . ( the late glory of christendome , and of the whole earth ) despised and slighted by them , in this time of our persecution ? the papists on the one side , scoffingly ask us , where is now your god ? where is your church become ? you may now freely boast of its invisibility ( if you please ) you have a ground for it , &c. and our brethren on the other side , ( that outwardly professe the same faith with us , and from whom we expected better ) they act edoms part as reproachfully upon us ; crying out against our church , and the government thereof , down with it , down with it , even to the ground ; for they ( the protestants of france in speciall ) are willingly perswaded , by those letters and pamphlets sent them out of england , that the professours of the true religion here ( before this parliament begun ) were kept in a like underly condition , as themselves are in their own country ; though those french congregations allowed in england might in their gratitude to our king , have given them a better and more true information , had they so pleased ; but upon this conceit they in france apprehend this warre here against the king , to be undertaken only to recover liberty to worship god in the right manner ; that is to say , after the french mode or discipline ( as they think at least , and are made to believe ) and most people loving their own wayes and fashions best , ( though lesse perfect then their neighbours ) cannot but wish good luck to all such as are stooping towards them and rejoyce for them ; though we believe it would be wisdome in them to beware that their jubilation at the prevailing of the english rebels , doth not work a jealousie and suspition against themselves in the hearts of their own princes ; our prayers are and shall be that god would not lay their inhumanities against us to their charges ; we know the lord was sore displeased at the heathen , for their unkindnesse to his people in their affliction ; and we believe he cannot be well pleased to see christians so conditioned ; o sayes god to edom ; thou shouldst not have looked with pleasures on the day of thy brother , in the day that he became a stranger , neither shouldst thou have rejoyced over the children of judah , in the day of their destruction , neither shouldst thou have spoken proudly in the day of distresse . that speech of god to moab is worthy the observation of all that are at ease , when other nations are in trouble ; take councell and be well advised , let mine out-casts dwell with thee moab , make thy shaddow as the night , in the midst of the noone-day ; be thou a covert to them , from the face of the spoyler hide them , and bewray not him that wandereth . but moab cast these words behind her , and was so farre from comforting the distressed israelites , that she derived at them in their banishment , and skipt for joy to see them miserable ; and therefore within three years after , moabs own self was in as wofull and deplorable a condition , which ( as appears by the two prophets ) was layd upon her for a punishment of that her unkindnesse ; had she afforded shelter , she had not her self ( at least so soon ) been put to seek it , deus fratribus nostris ( ecclesiae gallicanae praesertim ) avertat omen . but probably these sinnes of our brethren of other churches , will in a great measure be imputed partly to the malice of our enemies : for impoysoning their mindes by their lyes and pamphlets , and partly to our negligence ( if it may be so called ) who have not been as equally active , in giving them the true information of things in their own language from the beginning . wherefore i wish that now at length , all those who love the truth , and are acquainted with our english affaires , and have a skill in forraign languages , would consider seriously of this particular ; and as they are christians , not permit those , for whom christ dyed , thus to perish in their errours for want of knowledge ; thou shalt in any wise ( saith the lord ) rebuke thy brother ( when faulty or mis-led ) and not suffer sinne upon him ; yea , i would desire all loyall englishmen to whom god hath given the tongue and pen of the learned , that they would imploy their talents at this time this way , in the vindicating of truth , and the king , and so manifest their bowels of compassion towards their dear and native countrey ; for undoubtedly so long as our soveraignes name lies thus imprisoned under obloquy , we his people and the whole nation shall lie burthened under misery ; ( never since the birth of that grand scandalous remonstrance , ( which as an usher made way to all the reproachfull libells and sermons , that have been vented since ) did this kingdome enjoy one day of felicity : ) the prince's honour is the subjects glory , and so ought to be esteemed ; 't is that majesty , that beame of divinity which god hath stampt upon him , and commanded us to maintaine and reverence in him ; t is to be regarded by us above ten thousands of us ; yea certainly , he that preferres not the advancement and illustration of it , before his own pofits and safety and all he hath , deserves not the name of the kings friend , of a loyall subject , nor of a good christian. many think and say , that writing will doe no good , enough is writ already ; for people are given up to beleeve lies , they are willingly deceived , and even hardened against the knowledge of the truth . perhaps all are not , but were they so , how came they into this condition ? was it not by those untruths which have bin published and preached to them ? surely , by defaming the king these mischiefes have been raised , this rebellion against him hath been woven up ; is it not therefore the more probable , that the same may be unreaven againe by a full vindication of the kings name , and a frequent ditection of these evill workers ? what is not effected at first , may be done at last , and by others , which is not by some , in the morning sow thy seed , and in the evening hold not thy hand , thou knowest not whether may prosper , this or that ; if we persevere with meeknesse to enforme the contrary-minded , god may at length give light and repentance to them : this hath been wont to be gods way , both of converting the ignorant , and confounding the obstinate ; and the truth is , we have nothing else now left us , but tongues to pray for our king , and pens to write for him ; but the apostle tells us , that when we are weakest in our selves or to outward appearance , then are we strongest , scil . in regard of the neernesse of gods blessing ; his power is most apparent at such a time , he chuseth the weakest to confound the mightiest ; poore luthers tongue and pen ( when things were in a low condition ) did christ and his gospell more service against the pope , then all the swords that have been drawn against him or his religion have done ever since . doubtlesse there be thousands of honest and religious soules , that in the simplicity of their spirits , are hooked into this black rebellion , by the craft of others , to whom if the wickednesse of the scope , aymes , and actions of their leaders were well layed open and proved , they would hate them with a perfect hatred , and rather lose all they have lent them then proceed one foot further in their way with them ; nay , who knowes but the greater part of their souldiers and men of warre , ( in many of whom ( to speak truth ) the sparks of ancient english valour are apparent ) if they were at length but well informed , might quickly turne the points of their swords the right way , and so redeeme their lost glory ? without all question discourses of this nature will be meanes to rouze up and awaken those truly generous and noble spirits that have been alway loyall and are still alive ; to consider more feelingly yet of the condition of their king , of their country , and of the royall progeny , those sweet and heart-conquering princes ( who are all now either in banishment , or in bondage ) and thereupon , to enterpize in their behalfe , some such high and worthy acts as may eternize their owne names , and convey them with an honourable mention to posterity . or however , were we certaine of it , ( as we are not ) that these of this age on the one side , ( who received not the truth , or retained not the love thereof , when they had it ) are given up to such strong delusions , that they cannot be recovered out of satans snare : and those on the other side , were not likely to be quickned by such endeavours ; yet our duty is to have respect to after ages , & to prevent , that the spirits of posterity be not stained with a false opinion of our king , as doubtlesse they also are like to be , by those bookes and libels of the enemy conveyed unto them , unlesse as much or more of ours be left too , to present him in his true character to their knowledge . without question , we that are now alive shal never scape the censure of succeding generations , ( viz. to have been too basely sluggish and faint-heared ) if such transcendent villanies should be acted in our dayes against our king , our religion , and so many of us , and many of us should not be found to have layed open the enemies basenesse to their faces ; nay , when they that come after us shall apply themselves to write the history of these our times , how will they be able truly to depaint these superlative hypocrites in their due colours , if plenty of our books be not extant to this purpose , to hint the notice of their true conditions . let no man therefore plead that writing will do no good , as if silence could doe more , or had done any ; i know indeed that much hath been writ already ; more a great deal then hath or may be read ; for the enemie hath set forth many threats and orders against such as shall sell or buy the same ; and hereupon many are discouraged from writing more . and perhaps too , many have feared to publish what they have further written , lest they prove obstructers to a desired peace , and so doe dammage to the publike , in regard of the enemies height and greatnesse ; but sure these men know not the spirits of this kinde of enemies , with whom we have to doe ; who are such as will neither know nor own the way of peace , but having made themselves crooked wayes to walk in , as the prophet speaks , have no judgement in their goings ; their condition is ( satan-like ) to triumph most , where least opposed , and to be most vexatious , where they have least occasion ; resist the divell and he will flie ; so hold these at open defiance , let them know you scorn and contemn them ( for all their greatnesse ) as vile persons ; set the glasse of gods word before their eyes , make them know themselves , and let the world know them , 't is the only way to make them calmer , and to bring them into order : whereas , say nothing against them , and they 'le proclaime , that 't is because we have nothing to say , and that our consciences tell us they are in the right , and so we are silent against our wills . surely the best and most christian charity that can be shewn them , is to reach unto them the proper fruit of their own wayes to feed upon ; for could they be but fild with shame , they might be brought to seeke god : and suppose they turn again and rend us for our love , and use us the worse for our endeavouring to make them better , what new thing shall they doe ? did not the pharisees even the same in their dealings with our saviour ? and shall not they by doing so , confirm more fully to the world , that to be true which we have written of them ? should they chase us up and down the kingdome with their bloud-hounds to destroy us , would it not become them better , to hunt fleas , then to hunt kings ? nor could it be to the advantage of them at all , or of their cause ; but of the truth rather , and of us , if they should prevaile against us , even to kill us upon this occasion ; that which we maintaine is not the first of gods truths , that hath been sealed with bloud ; some think that every of his commands at one time or other must be so confirmed , and why may not the fifth commandement at this time , as well as the second was in the dayes of queen mary ? to every thing there is an appointed season . whosoever is in the streight and narrow way , must look for oppositions and discouragements ; but faith which over-commeth the world , is able to carry through all them ; christ was opposed in all he did , ( as much as possible he could be by man ; ) he met with contradictments in all his intendments and undertakings , even from friends sometimes as well as enemies ; master spare thy selfe , sayes peter to him ; the like must we expect if we follow him ; but should not this rather evidence the divinity and justice of our way unto our own consciences , then be any case of damping to our spirits ? non nobis nati sumus , we are not our owne , nor must we be men of private spirits , specially in these times ; nay , we must take paines and be content , not to see the fruit of our labours ; but that others should reape the benefit of our sowings , when we are gone . after the death of christ and his apostles , their doctrine and writings did most good in the world ; and so perhaps may ours , when we have ceased to be & are no more seen . god hath promised his blessing , first or last to honest endeavours ; but we must tarry gods time . wherefore you ( in the first place ) to whom god hath given inward abilities , up and be doing with the same , and ( be confident ) the lord will be with you ; remember how they that imployed their gifts , had more comfort at the reckoning day , then he had who had hid his talent in a napkin . you , secondly , that have outward strength , be not backward to assist the weak in bringing to light unable births ; give none occasion to think or say , those that had or look to have the greatest share in the kings happinesse , when the sun shines upon him , are least regardfull of his honour , when the times are dark and cloudy . you , thirdly , that refuse to further or countenance works of this nature , i beseech you also doe but disdaine to hinder . and you , ( lastly ) who ere you be , that look for salvation from the lord , rest your selves in him , wait patiently for him , fret not because of evill doers , nor be you envious against the workers of iniquity , for their present prosperity in their way ; they shall erelong be cut down like the grasse , and wither as the green hearb ; be you in the fear of the lord all the day long , and be certain your expectation shall not be cut off : he that testifieth these things saith , surely i come , i come quickly , amen , even so come lord jesus ; the grace of our lord jesus christ be with you all , amen . the end. the contents of the chief particulars discoursed of in this booke . preface . the reasons . . of the authors undertaking this worke , and at this time . . of his speciall zeale against the sins of this faction , which he opposeth . . of his prayers for their persons . . of his former intentions to conceale his name . sect. i. of the supposed authors of the libell . of the authorizers thereof , and their speciall order : how fit the same should be recalled ; a president propounded to that purpose . a serious expostulation with them about the same , and of their maintaining a base fellow to deride and scoffe at their soveraigne in his affliction . pag. i. sect. ii. of the pretended end of publishing the libell ; the true end thereof hinted . their blasphemy against god noted . how these letters of the king might have been made use of as evidences of truth and loyaltie . of what stock and lineage the authors of the libell discovered themselves to be . of their subtilty , and of that spirit and meeknesse which they boast of . how aptly for themselves they alleadge the example mentioned by s. jude . pag. ii. sect. iii. the kings great and true affection to his people evidenced . how farre divers of them that call themselves , his great councell , are from proving themselves his good counsellors . the ten rules or precepts whereby they have proceeded . of the language and titles which they complaine of , and how truly the name rebell belongs unto them . the true cause of their great grief and sorrow so often mentioned : an impudent charge against the king propounded by the libellers . pag. . sect. iv. the nature of their charge opened . their villanous and bloudy scope therein , clearly evidenced , and proved . how perfectly in their tenents they hold with the jesuites in the points of king-killing and king-deposing , fully declared . pag. . sect. v. the falsity and injustice of the said charge against the king manifested in all the particulars . who they are that sit in the scorners chair . the enemies reasons and ends of charging the king with their own conditions . pag. . sect. vi. of the kings errour in following evill councellours , and who they were : his majesty scorned at by the libellers for his tendernesse of conscience , and hopes in gods justice . the folly and falshood of the libellers charge against strafford and canterbury . the enemies acquit the king of having a voluntary hand in straffords death . they hint the right reason of his withdrawing from westminster . pag. . sect. vii . what that liberty is , which the pretended parliament , doe maintaine : and what that religion may be which they are about to set up : reasons to prove it may be the popish : reasons to shew it may be the turkish . six arguments to prove it cannot be the christian protestant . pag. . sect. viii . of the feigned combination against the parliament . our judgement of the papists , and of their assisting the king. our abhorment of the cruelties of the irish. how they are out-gone by the english rebels : our opinion of the court-faction : of what flock we professe our selves to be : how the libellers and their side call themselves the more beleeving sort of people . pag. . sect. ix . the slander laied upon us , to be enemies to parliaments and reformation confuted . of pretended miracles , revelations , and new lights . the taking the kings cabinet in battaile , no miracle . the libellers argument to prove an impossibility of forgery in their parliament . pag. . sect. x. of that perspecuity and modesty which the libellers boast to be in their owne annotations . their pretty confident way of perswading all men to be of their opinions . their reasons why they did not publish all they had against the king. pag. . sect. xi . censuring superiours unlawfull . why the enemies must continue to slander the king. how easie a thing it is for wicked men to deprave the best writings : of the kings integrity and goodnesse : and of englands happinesse under him . the maine particulars of offence under his government nominated : no just matter of blame from them , can now be objected to his majesty . pag. . sect. xii . the adversaries industry to finde things unbeseeming the king in his letters . the letters freed from any such thing . certaine christian considerations propounded to the readers , to evidence the same : of the rebels pertinacy in their rebellious way ; their endeavours that the kings promises might neither be beleeved , nor performed . pag. . sect. xiii . of their . propositions at uxbridge . . pretences for their abolition of episcopacy . . true reasons of that their impious requests . pag. . sect. xiv . their unreasonablenesse in desiring the militia to be in their sole disposall . . vain pretences for it . . true grounds of this their demand : how sinfull and dangerous it might be for the king to grant it . pag. . sect. xv. of their vindicating the irish rebels : how fully they have done it already in one sence : and how glad we should be if themselves would go and do it in the other : their true intent in that demand opened . pag , . sect. xvi . of the enemies late sufferings ; of their strange patience : of their extraordinary great successe , the true grounds thereof . successe no argument of a good cause . the wicked have been alway wont to use that argument . pag. . sect. xvii . another charge against the king , confuted : of clandestine proceedings : the kings condemning all that be protestants at oxford , a most impudent and malicious slander . his toleration of idolatry , another . the occasion of the kings promising liberty of conscience to papists . the reasonablenesse of that promise at that time , and upon that occasion . the objection of the kings former resolution to the contrary answered : as also his promise not to abolish the laws against them . pag. . sect. xviii . the king granting indemnity to the murderous irish another slander . the necessity & reasons of making peace with the irish at that time . the conditions upon which that peace was to be made , this act not contradictive to any of his former expressions against their detestable doings . the vanity of their charge against the king , for going in a close trading way . two sufficient evidences of his majesties sincere and constant affection to the protestant religion . the whole charge against the king , most truely retorted upon the objecters . pag. . sect. xix . of the enemies malicious devises to scandalize the king , with favouring the irish rebellion detected & confuted . the kings requiring secresie of the queen and ormond in the matters writ to them justified . the rebels blasphemy against gods providence , and in asking gods blessing upon their libell , noted . pag. . sect. xx. what good use might have been made of the kings letters . of the faults laid to the queens charge ; specially in loving her husband . pag. . sect. xxi ▪ of the kings fault for loving his wife . the manifest and m●●cious falsifications and perversions of divers of the kings e●pressio●s to his queen , noted . pag. . sect. xxii . of the kings fault in labouring or indevouring to uphold monarchy . his majesties soliciting the king of denmarke to this purpose no whit contradictive to his former resolutions of not calling in forraigne aide . pag. . sect. xxiii . the libellers cavils at the word mongrill parliament , at the commissioners at the treaty at uxbridge , and at the kings pawning his jewels , answered . his majesties affection and goodnesse to his subjects ( for want of other matters ) objected as a fault against him by these libellers . pag. . sect. xxiv . the story of the rebels unchristian behaviour towards their soveraigne , and his meeke and gracious carriage towards them , since the beginning of these troubles related by themselves ; and their impudency therein noted . pag. . sect. xxv . their pretence of bringing delinquents to punishment , made a ground of the war : the king acknowledged by his enemies to be on the defensive part . his majesties good opinion a long time of the parliament objected as a fault against him by themselves : the king makes no war against his parliament evidenced . this conspiracy of traytors at westminster no true parliament , fully proved . the conclusion of the answer to the libell . pag. . sect. xxvi . a true parallel between the sufferings of our saviour and our soveraigne , in divers speciall particulars . pag. . sect. xxvii . a serious and brotherly discourse to the seduced and oppressed commons of this nation , their dangerous condition related , divers speciall and necessary considerations propounded to their thoughts , to perswade them to desist from their present ill way . their objection of keeping their oath and covenant to the pretended parliament answered . pag. . sect. xxviii . a consciencious and home discourse , to the pretended parliament at westminster ; who are eviden●ed to be neither patriots to their country , wisemen , nor good men . their religion discovered to be nec una , nec vera , nec bona . pag. . sect. xxix . a consolatory speech to all the loyall hearted that suffer for conscience sake in these times . arguments to assure them of gods help in due time . foure markes to know the approach of that time : how they are to demeane themselves in the mean time , living and dying . pag. . post-script . the reason why this book was not published sooner . the necessity and benefit of writing books of this nature , with an exhortation thereunto . pag. . the end. notes, typically marginal, from the original text notes for div a -e jer. . , . rev. . . * a book so called , printed , . * the stirrers up to a new warre . notes for div a -e job . . mat. . . luk. . . rom. . . rom. . . * orcham . or as some say , luther . ●● joh. . . sam. . . psal. . . joh. . . luke . . cor. . , . * a lover of his king. * a lover of his country . notes for div a -e §. . esay . . §. . §. . rom. . . §. . jer. . . john . . mat. . . john . . mat. . . libell . §. . acts . . sam. . sam. . esay . . psal. . , &c sam. . . sam. . . &c. sam. . . libell . §. . gen. . . gen. . . rom. . . §. . gen. . . esay . . mat. . . joh. . . gen. . mat. . libell . §. . judge , ver . , . libell . §. . pet. . . cor. . . §. . king. . . gen. . . mat. . . §. . mat. . . jer. . ezek. . libell . §. . basilic . doron . lib. . libell . §. . libell . eccles. . , . rev. . . rev. . . . . john . . §. . prov. . . prov. . . canon alius causa . de●●●t . quest . . object . answer . §. . job . . act. . . cor. . . esay . . vers. . esay . ● . mat. . . mar. . , . §. . psa. . . psal. . , , . psal. . , prov. . . prov. . . numb . . kings . . jud. . psal. . . psal. . . prov. . . . . §. ▪ pag. . libell . p. . * yet should god incline the heart of sr thomas fairfax to adhere unto his lord and soveraign , no doubt but some of them would as much revile him in their language , as now they seem to honour him , with the title of victorious : which indeed they have sufficiently done since the kings deliverance from holmeby . libell . pag. . §. . luk. . . mat. . . libell p. . §. . libell . p. . §. . prov. . . libell . §. . * see the looking-glasse of schisme , by that learned minister of christ m. peter studley . §. . §. . sands , europae speculum , pag. . exod. . . , . §. . §. . §. . §. . libell . thes. . , . james . . verse . libell . §. . cor. . . mat. . . john . . vers. . §. . libell . libell . §. . psal. . . jer. . . luk. . . dan. . . * this hath oft been related to me ( with tears of affection to him ) by diverse inhabitants of that poore loyall town , who heard the expression from his majesties lips. libell . §. . libell . libell . mat. . . rom. . . jam. . . thes. . . * that free & famous city cannot say that the king in all his time did ever imprison so much as one lord major . * the abundance hath appeared by the many millions of treasure which they have ●ent within these six yeares . * tho. case in his sermons of waiting on ▪ god. §. . * committee-men and s●questrators were not yet known . * . children taken at once by the turkes from off the coasts of cornwall , july anno . §. ▪ libell . §. . isa. . , . cor. . . mat. . . mark . . . ps. . , . &c. mat. . . sam. . . gen. . . gen. . ▪ psal. . . * in cornwall when essex his army was there defeated by his majesty . libell . king. . . cor. . . * and now of late they have been payd home in their own coyn so many wayes ( even as themselves have dealt with their soveraigne , ) that they would confesse with that heathen king , jud. . . ( had ▪ they but as much sence of the deity as he ) and say , as we have done , so god hath rewarded us . . . . mat. . * calumny arraigned & cast : or , answer to prins rank passages , in his book intituled , truth triumphing over falshood . pag. . pag. . ejusdem . pag. . §. . this reason i received lately from the judgment of others and therefore thought fit to insert it in the first place with these that follow . * in the daily collects or prayers for the king. * stet pro ratione voluntas . bas. dor. p. . §. . rom. . . . sam. . . sam. . chro. . pap. . micah . , . vers. . vers. . * i am not certain which of them it was : and i want books to help my memory . * maerentia tecta caesar h●bet , vacuasque domos legesque silentes , clausoque justitio tristi foro . lucanus . mic. . , . rom. . . pet. . . §. . . amos . . §. . ezek. . . vers. . * vntill the sword be restored into that hand where god did put it , and he whom god hath appointed , be the orderer and disposer of the affaires in ireland : we must never expect gods continued blessing upon our forces that are sent thither , therefore in their desiring the sole management of the irish affaires , ( with exclusion of the king , ) they doe but oppose god ( whose vice-gerent the king is , ) and indeavour in vaine to doe a great work without him : i desire the english protestant nation to think seriously of this . . sam. . . king. . king. . , . libell . §. . . gen. . gen. . sam. . ● act. . . sam. . mic. . . §. . * and i hope through gods mercy to them in gods time they may , to their own eternall comfort & honour ; & the recovery of the kingdoms lost glory . nemo parere gnarus , nemo imperare . strenui lingua multi , ignavifere omnes opera . denique in duribus ipsis non consilium non fides . lips. . . jer. . . rev. . john . . pet. . . jer. . . isay . . §. . psal. . jeremy . jer. . , . hab. . . , . rev. . . rev. . , . dan. . . &c. esay . . luke . act. . , . lu●e . , . §. . isai. . , . fox marty●ed . ●ypr . d● valer. in his book , called , the lives of popes . stulius ab eventu sacta notanda p●●at . ● sam. . heb. . . libell . §. . thes. . . §. . * pag. . sam. . . king. . §. . §. . libell . §. . rom. . . * yea all the bloud that hath been shed , by them and by ▪ their meanes , in this unnaturall war ( which themselves for no cause have raised not only against the kings will but also against his person and his friends ) must , and is by them , laid to the kings charge , their militia & successe perswade them to it . libell . fox martyr . libell . §. . libell . * this particular digression was inserted from my own observance of her majesties goodnesse in france . * this was written when the duke of yorke was either in oxford , or supposed to be there . * it was generally believed when this was inserted that the kings trusting the scots with his person could not possibly but make them ashamed to prove unfaithful , but their late act hath given all men to understand , that though judas ( for the love of money ) may keep touch with the pharisees , yet he is no fit or safe man , to be of the guard unto his master . * at perin in cornwal , when the king defeated essex and his army . * my selfe did heare ( in avignion ) a gentlemen , belonging to the cardinall barbarine mention by name one of their agents , at rome : and how many thousand pounds a yeare ( he beleeved ) he did there spend in his negotiation , for them . * had his great councel shewn but half that zeal in their master the kings behalf , as of late they have done in their owne , ( concerning a like tumultuous businesse ) he had not departed from them . * luke . . john . . * let the people observe by this , how they have beene cheated . sam. . . rom. . . john . this was inserted be reason of the late accident . notes for div a -e lev. . . tim. . . heb. . . heb. . . rom. . phil. . mat. . . john . . mat. . . , . luke . , . col. . heb. . . luk . pet. . preface to accomplishment of prophecies . m●t ▪ . , . job . , . in the pref. at the beginning of the book , p. . l. . for commonly , r. commendable . and p. . l. . r. masked . notes for div a -e joh. . . act. . . luk. . . mat. . . mat. . . mat. . . joh. . . joh. . . joh. . . . . . mar. . . mar. . . mar. . . luk. . . joh. . . . . joh. . . * experience , since this was written , hath given a full confirmation to this particular . luk. . . joh. . . joh. . . luk. . . joh. ● . , . joh. . . joh. . . joh. . . mark. . . luk . . mar. . . zach. . joh. . . joh. . . . mat . . es. . . isai. . . mat. ● . . joh. . . jo. . . joh. . ● . joh. . . . joh. . . mat. . ● . joh. . . * it is one of their tenents , that evill may be done to further a publick good , and that only is , what they so declare ; yea and some of them have vented their intentions to this purpose ( even since he hath been in their power ) in such black expressions as i tremble to ●ehearse . joh. . ● . esay . ●at . . . joh. . , . esa. . , . act. . . prov. . ▪ &c. rom. . . math. . . math. ● . * in the charge against the earl of strafford . gen. . gen. . . &c. king. . fox . martir●logy . pet. . . esay . . gal. . . * yet that omission and change was by the kings own selfe dictated , and not by any bishop , and the kings reason was , because he judged that old phrase at that time the more improper , he having then no children . * see mr goodwins book called calumny arra●gned and cast , about pag. . & . tim. . , . pet. . . es. . . . vers. . cor. . . . es. . jer. . . . dan. . . esai . . . joh. . . act. . . * besides the oxford reasons lately published , which all the assembly of divines are never able to confute . gen. . . * indeed this day this scripture is fulfilled in our eyes . es. . . heb. . . cor. . mat. . ● . cor. . act. . . rom. . . . esa , . . fox marti●ol . sam. . gen. . . gen. . . * consulere pat●iae , parcere afflictis , fera caede abstinere , tempus atque irae dare , orbi quietem , seculo pacem suo . prov. . . jam. . ▪ prov. . . job . . . * it begins to work already , as evidently appeares by that free and broad language which in all places is uttered against you . * people begin to see this now ; for they say the l . a moneth lately layed upon the kingdom , is to maintain a war against the kingdom , the people must give so much to keep an army on foot onely to awe and undo themselves . psalm . . see for all this and that which followeth burtons vindication of independent churches against prynne his brother . * calumny arraign'd , pag. . & . * i wish all his brethren of that church were but men of his temper and spirit . tim. . , . king . &c. * and for the peoples willing obedience to the same , it was , that they were so oppressed & broken in judgement , and had gods curse like a moth or rottennesse seizing upon them , witnesse the prophet , hos. . . . * as the remists among the papists , did set out a false and corrupt translation of scripture , with notes of their own upon it to make it speake for them ; so some here ( as is said ) are in hand with a like worke , in the behalfe of their faction . act. . . jer. . . . ezek. . esa. . . . ezek. . . zach. . . prov. . ● . psal. . jer. . . * god calleth himselfe the gatherer of the out-casts , esay . . esay . . . mat. . . mich. . . &c. gen. . . &c. gen . . num. . . . sam. . . sam. . esa. . esa. . . judg. . . esa. . . . &c. jer. . . esa . & . c. esay . . esay . . psal. . . es. . . deut. . . deut. . . esay . . sam. . . esay . . . psal. . . dan. . . . es. . & . ca. sam. . thess. . . es. . . . esay . . gen. . . act. . & . cap. notes for div a -e zach. . . obad. . esay . . jer. . . read esa. . and jer. . lev. . . eccles. . . tim. . . cor. . . cor. . . thes. . . esay . . jam. . . psal. . . psal. . . eccles. . . math. . . cor. . . chro. . . isal. . . . vers. . prov. . . pro. . , &c. rev. . , . a letter from ireland read in the house of commons on friday septemb. . . from mr. hugh peters, minister of gods word, and chaplain to the lord lieutenant cromwell. of the taking of tredagh in ireland, of the enenies slain, amongst which sir arthur aston the governour, coll. castles, cap. simmons, and other slain. and the losse on both sides. also the taking of trim, and dundalk. and the lord leiutenants marching against kilkenny. a letter from ireland, imprimatur hen: scobell. cleric. parliamenti. peters, hugh, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from ireland read in the house of commons on friday septemb. . . from mr. hugh peters, minister of gods word, and chaplain to the lord lieutenant cromwell. of the taking of tredagh in ireland, of the enenies slain, amongst which sir arthur aston the governour, coll. castles, cap. simmons, and other slain. and the losse on both sides. also the taking of trim, and dundalk. and the lord leiutenants marching against kilkenny. a letter from ireland, imprimatur hen: scobell. cleric. parliamenti. peters, hugh, - . england and wales. parliament. p. : ill. printed for robert ibbitson in smithfield near the queens head tavern, london : . page contains cromwell's symbol as the lord lieutenant of ireland repeated from the title page. only about thirty persons escaped the massacre at tredagh, and they were shipped as slaves to the island of barbadoes. annotation on thomason copy: " ber [i.e. september] ". reproduction of the original in the british library. eng cromwell, oliver -- - -- early works to . aston, arthur, -- sir, - -- early works to . england and wales. -- army -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . ireland -- history -- - -- early works to . a r (thomason e _ ). civilwar no a letter from ireland: read in the house of commons on friday septemb. . . from mr. hugh peters, minister of gods word, and chaplain peters, hugh a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from ireland read in the house of commons on friday septemb. . . from mr. hugh peters , minister of gods word , and chaplain to the lord lieutenant cromwell . of the taking of tredagh in ireland , of the enemies slain , amongst which sir arthur aston the governour , coll. castles , cap simmons , and others slain . and the losse on both sides . also the taking of trim , and dundalk . and the lord lieutenants marching against kilkenny . a letter from ireland , imprimatur hen : scobell . cleric . parliamenti . blazon or coat of arms london printed for robert ibbitson in smithfield near the queens head tavern , . blazon or coat of arms a letter from ireland , read in the house of commons on friday septemb. . . from mr. hugh peters , minister of gods word , and chaplaine to the lord lieutenant cromwell . of the taking of tredagh in ireland . also the taking of trimme and dundalke . sir , the truth is tredagh is taken , three thousand five hundred fifty and two of the enemies slaine , and sixty foure of ours . collonell castles , and captaine simmons of note . ashton the governour killed , none spared . wee have also trimme and dundalk and are marching to kilkenny . i came now from giving thanks in the great church , we have all our army well landed . dublin septemb , . . i am yours hugh peters . a letter from ireland , imprimatur septemb. . . hen : scobell cleric parliamenti . finis . the case of the old secured, secluded, and now excluded members, briefly and truly stated; for their own vindication, and their electors and the kingdoms satisfaction. / by william prynne of lincolns inne esq; one of those members. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the case of the old secured, secluded, and now excluded members, briefly and truly stated; for their own vindication, and their electors and the kingdoms satisfaction. / by william prynne of lincolns inne esq; one of those members. prynne, william, - . p. printed, and are to be sold by edward thomas, at the adam and eve in little britain, london, : . caption title. imprint from colophon. there are two printings, one slightly revised, order not determined: ( ) with side-notes on the last page; text ends "those for whom they served."; ( ) last page side-notes and some others lacking; text ends "whereof they were fellow-members.". annotation on thomason copy: "january. . .". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no the case of the old secured, secluded, and now excluded members, briefly and truly stated;: for their own vindication, and their electors a prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the old secured , secluded , and now excluded members , briefly and truly stated ; for their own vindication , and their electors and the kingdoms satisfaction . by william prynne of lincolns inne esq one of those members . jvly . . upon the earnest petitions of the aldermen , common council , & city of london , and most counties of england , miserably oppressed , impoverished , distracted , and well nigh ruined , by above . years intestine wars , between the late king and parliament ; the house of commons ( when full and free ) voted , that a treaty should be had in the isle of wight , with the king in person , by a committee appointed by both houses , upon the propositions formerly agreed on , and presented to him at hampton court ; which the lords house unanimously assented to : whereupon commissioners were nominated , and sent accordingly , to treat upon these propositions with the king ; and a special order , made and published by the commons house , september . for the respective sheriffs of each county of england and wales , personally to summon all absent members , to meet in the house septemb. . under the penalty of . l. for not appearing , in regard of the great importance of this treaty , for quieting the distempers , and setling the distracted minds of the people ; and because in the multitude of counsellors there is safety . hereupon all the members repaired to discharge their duty in the house ; after a long deliberate treaty for sundry weeks ( wherein the king assented to all the propositions in terminis ; except . * wherein he so far complyed with the desires of both houses , that the differences therein seemed not very considerable ) the treaty being fully concluded , was reported to the house of commons , decemb. . upon which the house presently entred into the debate of the kings concessions : those who were against them , desiring no peace nor healing of the kingdoms breaches , made this the question ; whether the kings answer to the propositions , were satisfactory , or not satisfactory ? but those who desired peace and settlement , made this the only state of the question ; whether the answers of the king to the propositions of both houses , were a ground for the house to proceed upon , for the settlement of the peace of the kingdom ? after four dayes and one whole nights serious debate , the question being put as last stated , decemb. . it was carried in the affirmative , without any division of the hou●e ; when there were . members in it , besides more declaring themselves for it , who through age , cold , and infirmity ( being unable to fit up all night ) departed before the question put , the dissenters being not the third part of the members then present . the army contrary to both houses orders were drawn up to westm. and removed the ordinary gards of the house out of their quarters during this debate , giving out menaces against all who should vote for the concessions , on purpose to interrupt and prevent this vote , and that by confederacy with some of the dissenting members . yet such was the courage , constancy , and sincerity of the faithfull members , that maugre all oppositions and difficulties , they put and carried the vote upon such grounds of reason , truth , justice , honesty and publick interest , as all their opposites were unable to contradict or refute . the vote being passed , the house appointed mr. pierpoint , and six other members to repair that afternoon to the head quarters , to confer with the general and his officers , to keep a right understanding and good correspondency between the house , and the general and army ; and then adjourned till the next morning . the commissioners repairing to the head quarters that afternoon were so rudely treated , that one or two of them were secured by some army-officers , and the rest put off and slighted without any conferrence . decem. . the army-officers sent sundry regiments of horse and foot early in the morning to westminster in a warlike manner , who placed themselves in the pallace-yards , the court of requests , hall , court of wards , stairs , lobby of the house , and all approaches to it , to secure and seclude those members who assented to this vote ; collonel pride & other officers who commanded the gard● having a list in their hands of the members names to be secured and secluded , given them , as was reported by cornelius holland , and other dissenting members , that morning they forcibly secluded above . members , keeping them out of the house perforce as they came to the lobby , and seised . members in the stairs and lobby , pulling two more out of the house it self into which they got before the officers espyed them : these . members they secured all day in the queens court , refusing to obey the orders of those then sitting in the house , who being acquainted with their seisure , sent the serjeant twice to command their attendance in the house , without any obedience or success : at night all the secured members but , instead of being caried to wallingford house to treat with the general and officers , as was promised , were unexpectedly thrust into a place called hell in westm : & there kept prisoners on the bare boards all the night , though extreme cold . the next morning . more members were seised , and many others secluded , affronted coming to the house . those in hell about . of the clock were carried fasting to whitehall , to confer with the general and army-officers , who imperiously made them dance attendance on them in a very cold room without fire ( for sundry hours ) or meat or drink ( but some burnt wine and biskets they sent for thither ) til a clock at night , not vouchsafing so much as to see or confer with any of them , as they promised ; and then sent them prisoners to the kings head and swan , through the snow and dirt , garded with musquetiers apiece and gards of horse besides , like the vilest rogues and traytors ; and there detained most of them prisoners sundry weeks , sending some of them close prisoners to st. james , and afterwards to windsor castle divers months space , without the least particular accusation , impeachment , hearing or tryal . the only cause of this their imprisonment and seclusion , as the officers confess in their answer to the house , touching the grounds of our securing , jan. . was our vote of decemb. . which the general and general council of officers thus particularly expressed the very next day , decemb. . . ( the day they secured and secluded us ) in their proposals and desires to the commons in parliament : wherein they desire , that some members by name may be secured , and brought to justice . and that those members that were guilty in the votes for the treaty , july . & decemb. . declaring the kings past concessions to be a ground ●or the house to proceed upon , for the settlement of the peace of the kingdom ; have deserted , ●etrayed , and justly forfeited their trusts for the publick and therefore most earnestly desired , that all such faithfull m●mbers who were innocent therein , would immediately by protestation and publick declaration ) acquit themselves from any guilt or concurrence in those votes , as corrupt and destructive : that so the kingdom may know who they are that have kept their trust , and distinguish them from the rest , that have falsified the same ; and that all such as cannot , or shall not acquit themselves particularly , may be immediately excluded or suspended the house , and not readmitted , untill they have given clear satisfaction therein to the iudgement of those who now so acquit themselves and the grounds of such satisfaction be published to the kingdom in obedience to these imperious desires of the general army-council ( the supream legislators , over-ruling both the house and general council of the kingdom ) about or members ( wherof some were army-officers , authors of those proposals , ) sitting under the visible over-awing gards of the army-officers , from december . till after all votes and orders passed , that can be produced for our suspension or seclusion , dec. , & . rerepealed the votes of july . . for the treaty , and decemb. . touching the kings concessions , according to the armie officers proposals , as highly dishonourable to the parliament , and destructive to the peace of the kingdom , and tending to the breach of the publick faith of the kingdoms : publishing . a declaration jan. . expressing their reasons for annulling and repealing these votes . and dec. . & . passed . orders , that none should sit or act as members , till they had made and subscribed their particular protestation against this vote . in pursute whereof decemb. . members ( whereof . are now sitting , the rest dead or absent ) entred their dissents and protests against this vote . decemb. . . more , now sitting , entred theirs : decemb. . . more ( . now sitting ) entred their dissents , yet they sat as an house . daies , before of them had entred their protests , and afterwards admitted others to sit , without entring any protestation , contrary to their order . by colour of which orders alone , and of their vote , jan. . upon the armie officers answer , that the house doth approve of the substance of the answer of the general council of the officers of the army to the demands of this house touching the securing and secluding of some members thereof : and doth appoint a committee ( of ) to consider what is further to be done upon the said answer , &c. and of another order in pursute of these february . ( three dayes after the kings beheading ) they have without any particular accusation , cause , summons or hearing at all , by their * vote of jan. . . adjudged and declared ; that the members who stand discharged ( in manner aforesaid ) from voting or sitting as members of this house , in the years . & . doe stand duly discharged by judgement of parliament , from sitting as members of this parliament , during this parliament : ( without so much as naming any one of them particularly in this , or any of their former votes or orders by which they exclude them ) and it is ordered ; that writs do issue forth for electing n●w members in their places . this being the true state of the secured , secluded , and excluded members case , in . & . to which the vote of jan. . and their forcible seclusion by their own order , both out of the house and lobby decemb. . . relates : the questions in law arising thereupon , are briefly these . . whether . parts of . and above members of the commons house , only for passing the premised vote dec. . . in order to the publike peace and setlement of the kingdom , without any sinister respect , after daies & a whole nights debate , according to their judgements , consciences , trusts , duties , oaths , protestation , vow , covenant , the general petitions , desires of their electors , and our . distracted kingdoms ; contrary to the sense of the minor part of the house , and general council of army-officers , ( who were but their servants , obliged to obey their just votes , and commands , and no members , judges , to controll them ) may be justly or legally secured secluded , and thus ●nworthily treated by the army-officers , by meer armed power ; and whiles thus secured and secluded the house , be ejected , dismembred , by the votes of . or . of their fellow members , only upon the army-officers imperious desires , whiles sitting under their horrid visible force ; which by their own and both houses declaration august . . ( in case of a contemptible force in respect of this , when no members at all were secluded ) nulls all their votes , orders and ordinances , at and from the very time they are made and passed ? and that without any impeachment , hearing , or trial whatsoever , contrary to all * laws , rules of justice , presidents and proceedings in parliaments , or other courts , in former times . . whether every member of parliament by the custom and usage of parliaments , be not obliged , according to his mind and conscience , freely to give his ay , and no , to every question propounded in the house whiles he is present , and finable if he refuse to do it , without the least blame , censure , or pretence of breach of trust ? and whether the freedom of the members debates and votes in the house in matters there propounded , be not the very principal , essential , fundamental privilege of parliament , demanded by every speaker , and granted by every king to the members at the beginning of every parliament , and denominating parliaments themselves ( derived from * parler le ment ) which if once denied , or made criminal ( as now ) & that to the major part , will utterly subvert the very name , essence , and being of all future parliaments ? . whether the army-officers and council out of the house , being servants only , commissioned and paid to guard the members privileges , and obey the orders of the house ; and neither electors , nor impowrers of the members secluded ; be sit judges of the majority of the members votes and debates in the house , which they never heard of , nor were present at , but by misreports or relations from others ? and if so , ( as these secluders then and now admit them : ) whether this will not subject those now sitting , and secluding us , with all members of subsequent parliaments , and all their votes , to the judicature of their gards , or any other number of factious people without doors ? yea justifie their own forcible exclusions and dissolutions by cromwell , apr. . . and since by lambert and hewson , octob. . . for votes and proceedings more unjust and unreasonable than ours of dec. . . is supposed to be , and subvert all the rights , privileges , power , authority and honor of english parliaments for ever ? . whether it be not a far greater breach of privilege , treason , and levying war against the parliament , in the army-officers , and sitting members at their request , thus forcibly to secure , seclude and eject above members , . or . times one after another , only for voting freely according to their mindes , consciences ; and refusing to retract and protest against their own and majorities votes ; than for cromwel , lambert , & others , to exclude but . . or . of them , sitting as an house and parliament , being encouraged and justified by their own votes , presidents and commands to seclude and exclude the majority of their fellow members , for voting contrary to the army officers desires and designs , who excluded them upon the same account ? . whether it be parliamental , rational , just equitable ( admitting the common , house have power in themselves alone , to vote out any member for misdemeanours or breach of trust , without the lords , which some deny , upon very good * presidents and grounds ) that the far lesser part of the commons house , may forcibly seclude and vote out the greatest part of their fellow members , only for over-voting , & dissenting from them in their judgements ? and not more just and reasonable , that the major part , being the house it self in law and conscience , should judge & vote out this minor part , for their antiparliamentary protestation , & such an unjust forcible seclusion & ejection , as ours by the premises now appears to be to themselves , and all the kingdom ; being the highest breach both of their trust , the privileges & rights of parl. & peoples liberties that ever any members were guilty of since parliaments began ? . whether their secluding , and * voting out all the secluded members , in the grosse . . and jan. . . without impeachment , summonning , hearing , or nominating any one of them in particular in their votes or o●ders , be not a most unjust , unpresidented , unparliamentary judgement and proceeding , contrary to all rules of justice in all other cases and judicatures whatsoever , & in this and former parliaments ; yea meerly null and void to all intents for its generality and incertainty ; it being the privilege of every member , to be first , accused ; ly . summoned to answer his accusation if absent ; ly . re-summoned upon default of appearance ; ly . to hear his charge , and make his defence , before he be secluded or suspended ; ly . to sit and vote in the house till suspended or secluded , by special order and judgement of the house , wherein he is to be * particularly named ; all which circumstances , were punctually observed by themselves , in sir henry vanes case jan. . . before they ejected him , since their vote against the secluded members ; which deserved as much right and justice as he , if not far more , who joynd with those mutinous army-officers who excluded them ; ly . if many be joyntly or severally accused , by name , they are to make their joynt or several answers and defences , and to receive their particular joynt or several censures , pronounced by the speaker in their hearing at the barre ; as in sr. h. vanes late case ; all which particulars fai●ing , in this general vote against them all ; the meanest of their electors , & of those for whom they serve ( more injured by this vote then themselves ) and all judges , lawyers now sitting with them , will pronounce their vote most absurd and void to all intents , unworthy the wisdom , justice and gravity of those , who stile themselves , the parliament ? . whether the ordinance published dec. . . in the name of the lords and commons , against a protestation dec. . . printed in the name of all the secluded and secured members , ( though not subscribed nor owned publickly by them , nor proved to be published by their order or privity ) disabling all the secured & secluded members to sit any mo●e , during this parl. ( which some pretend the chief ground of their ejection now , though never mentioned nor insisted on before ) without naming , hearing , or disabling any of those members in particular , or adjudging them , the authors of that protestation , be not meerly void & null to all intents , being so general and indefinite , made only by . or . lords , and . commoners at most , fitting under that very force , which then secluded , imprisoned the major part both of the lords and commons house , and so declared nul and void by the speakers letter , july . and the ordinance of both houses , august . ? whether the major part of the commons and lords house then forcibly secluded , might not by vertue of this ordinance , as well as their speaker lenthal by his letter , and both houses by that ordinance , declare all proceedings , votes and ordinances in the respective houses , whereof they were members , void and nul to all intents , during their forcible seclusion , and the force then put upon the houses , without any offence or crime at all deserving seclusion ; and were not bound by their protestation , league and covenant , to do it , to preserve their own , and the houses privileges , being the far greater number of members , . times more than those who voted them out ? it differing much from the protestation of some of the bishops , committed to the power for their protestation , dec. . . because they were not forcibly secluded , as we . ly . not the majority of the bishops , much less of the lords house , as we . ly . they protested against all proceedings whatsoever in both houses of parliament during their absence ( not seclusion ) from the house , as void and null , til their restitution , not in the lords house alone , which was the chief , if not only exception against their protestat . though there was then no force upon the lords or commons ; but the protest . in the secluded members names protested only against the proceedings in the com. house , during their forcible securing and secluding , and the force upon those that sat . ly . they were heard in the lords house concerning it , before they were committed : but none of the secluded members were ever yet heard before their seclusion or securing . ly . they were only imprisoned for their protestation during the lords house pleasure , not excluded & voted out of the house during the parliament . upon all which considerations , the proceedings of the major part of the lords house against them , do no way warrant the declaration of the minority of the com : house and lords , against the majority of the commons house , then under a force and secluded , and the majority of the lords house , together with them . all which the secluded members presume will fully satisfie those for whom they serve , and the whole english nation , world , and their ●ecluders too , of the injustice of their former and late forcible seclusions , and ejections by their premised orders , votes , & vindicate the rights and privileges of parliament , til they can meet together in safety , to draw up a larger decl : of their case & unjust antiparliamentary exclusion , without the danger of a new securing , being all ordered to be seised on at mr. ansleys house in drury-lane the th . of this january by a party of . musquitiers , and captain commanding them , accompanied with one of the serjeants men , who beset and searched the house to apprehend them , but that they were all departed thence before they came thither , and so escaped their hands ; the cause of this brief publication . the secluded members repute it very hard , and injurious , that they should be thus frequently , and long secluded by force , and many of them * imprisoned divers years , and publickly excluded and slandered by their fellow-members votes behind their backs without hearing , or the least admission to vindicate their innocency and the justice of the vote for which they are secluded , in the house ; and yet be searched after and re-imprisoned and secured by armed gards by order of their secluders , for endeavouring to vindicate their own innocency , parliamentary rights , privileges , and the liberties of those many counties , cities and boroughs , for which they serve , without doors , when as they cannot be admitted to it in the house it self , unlesse they will first eat and retract their former votes , against their consciences , privileges , and abjure their former oaths , protestation , covenant , declarations , by taking a new inforced ingagement : whereupon they desire their few secluders to consider the cor. . , &c. for the body is not one member but many , &c. but now god hath set the members every one of them in the body , as it hath pleased him . and if they were all one member , where were the body ? but now are they many ( not few ) members , yet but one body . and the eye cannot say to the hand , i have no need of thee ; nor again the head to the feet , i have no need of them ; nay , much more those members that seem to be more feeble are necessary , &c. that there should be no division in the body , but that the members should have the same care one for another . and whether one member ( much more when most of them ) suffer , all the members suffer with it ; or one member be honoured , all the members rejoyce with it . which consideration , with that of mat. . therefore whatsoever ye would that men should do unto * you , do you even so to them , for this is the law and the prophets thes. . . let no man over-reach , oppress , or defraud his brother ( much lesse so many brethren of eminency ) in any matter . ( especially in their publick parliamentary trusts , rights , privileges , ) because the lord is the avenger of all such , as we have forewarned and testified ( and their own double forcible seclusion hath fully exemplyfied , ) might now at last convince them of , and convert them from their former injustice and violence , and make them more just and tender towards us than hitherto they have been , either as christians or englishmen , who are members of one and the self-same church , kingdom , parliament , house , formerly united-together in strictest bonds of unity and amity , though now sadly divided by their force and fury , to the ruine both of the church , kingdom , parliament , and the house it self whereof they were fellow-member , and intollerable discontent & oppression of the whole nation , and those for whom they served . finis . london , printed , and are to be sold by edward thomas , at the adam and eve in little britain , . notes, typically marginal, from the original text notes for div a e- * see mr. prynnes speech dec. . . and a vindication of the secured and secluded members . * without any declaration at all to the kingdom , counties cities , boroughs , for which we served , or us , of the reasons , justice , grounds of this their new and former votes which was expected and will be demanded . f●om them . * magna charta , c. . e. c. . e. . c. . e. . c. e. . c. . petition of right , caroli . * cooks . instit. ch. . * see my plea for the lords , and registers of parliamentary writs . * these secluders think their votes omnipotent , who can blow up the majority of their fellow members & whole house of lords with the breath of their mouths , like chaff , without any reason expressed , when as the old gunpowder traytors could not blow them up , but with almost as many barrels of gunpowder , as they were then and now members . * cooks instit ● . instit. p. ● . to , , , * major gen. brown . imp●isoned and close imprisoned . years and . months . mr. prynne close imprisoned in d●nste , taunton . and pendennis castle . years & . months . sir will waller , sir will. lewis , sir john clotworthy , commissary copley , and mr. walker , two years or more , without hearing or cause expressed . * in the case of their own seclusion , which they so much condemned in cromwell and lambert . england's glory reviv'd, demonstrated in several propositions shewing an easie and speedy method for fully manning the royal navy with saylers, without charge or obstruction to trade : as likewise reasons proving from whence all our losses have happen'd, with proper remedies for the better securing of trade for the future : by making due provision for all saylers that shall be wounded (or the widows and children of such of them as shall be slain) in the publick service, and the building of hospitals ... : as likewise propositions for an act of tonnage / by robert crosfeild. crosfeild, robert. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) england's glory reviv'd, demonstrated in several propositions shewing an easie and speedy method for fully manning the royal navy with saylers, without charge or obstruction to trade : as likewise reasons proving from whence all our losses have happen'd, with proper remedies for the better securing of trade for the future : by making due provision for all saylers that shall be wounded (or the widows and children of such of them as shall be slain) in the publick service, and the building of hospitals ... : as likewise propositions for an act of tonnage / by robert crosfeild. crosfeild, robert. [ ], p. [s.n.], london : . reproduction of original in huntington library. proposes an accident insurance plan for the benefit of sailors and their families. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- pay, allowances, etc. insurance, accident -- england -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion england's glory reviv'd , demonstrated in several propositions . shewing an easie and speedy method for fully maning the royal navy with saylers ; without charge , or obstruction to trade . as likewise reasons proving from whence all our losses have happen'd , with proper remedies for the better securing of trade for the future ; by making due provision for all saylers that shall be wounded ( or the widows and children of such of them as shall be slain ) in the publick service , or in defence of our ships of trade , and the building of hospitals in all the ports of the kingdom : all which may be done without any charge to the government . as likewise propositions for an act of tonnage . by robert crosfeild . london : printed in the year mdcxciii . to the king and queen's most excellent majesties . many endeavours have been us'd whereby to take off that heavy burthen that hath lain upon trade during the whole course of this war , and to secure it from the violence of the enemy , though most have hitherto prov'd ineffectual : but i have ( i humbly conceive ) found out an expedient that will remove those mischiefs , and the trade of the nation thereby be protected and preserved , and likewise your majesties royal navy may in little time be fully mann'd , without giving any obstruction to trade . which with all humility i do lay at your royal feet , in hopes that you will graciously accept , and countenance these my vndertakings : not doubting , but to see england flourish , and re-gain its ancient glory under the happy influence of your majesties most auspicious reign ; and by your royal endeavours in few years , see europe in perfect peace and tranquility . and that god may bless and prosper your majesties and the confederates arms , is the daily prayer of your majesties most faithful and loyal subject & most dutiful and devoted servant robert crosfeild . to the right honorable the lords spiritual and temporal , and commons in parliament assembled . vvhoever with an impartial eye , shall behold the constitution of the english monarchy , must acknowledge it the best establish'd government in the world ; and whose parliaments are , ( and have been ) the glory of their prince , the bulwark of the people , and the terrour of their enemies ; and whenever there was that happy union between king and parliament which we have now the blessing to enjoy , it hath begot an excellent harmony ; and great and glorious actions have been perform'd by our ancestors , to their immortal fame ; who have often made the gallick shore to tremble : and i apprehend there hath nothing been wanting in the subject , that the same things have not been again effected ; but the defect hath been in those measures that have been taken . therefore i do humbly present these ensuing propositions ( in the same form they were deliver'd to the lords of the admiralty ) in which may be seen ( as in a glass ) the source from whence our evils have sprung : and with all due submission do humbly conceive , that the whole matter carries so much of reason along with it , that i think its unanswerable . not that i have any opinion i have manag'd the argument so well ; but there are some truths that may be easily evidenced , and which require not those exquisite parts which are necessary in more abstruse matters , and may be perform'd by a man of but indifferent education . trade is altogether of as great consequence and importance to this nation , as the nerves and sinews are to the body of man ; which being cut , is debilitated and weaken'd : so if our trade be ruin'd we shall be impoverish'd , and become a prey to our enemies . but i fear my zeal will transport me beyond my bounds ; for i plainly see , that the happiness of europe , and the very existence and well-being of the protestant religion , and welfare of these kingdoms , depend upon the success of this war. and god hath given us strength and ability , whereby we may be able to cope with our enemies , and reduce them to reason . but hitherto we have not taken such proper measures in our naval preparations as we ought , which ( i humbly conceive ) hath been the genuine cause and foundation of all our misfortunes and losses at sea during this war ; and which hath greatly impair'd their majesties revenue , and the trade of the nation . there can no revolution happen in any kingdom , be it never so just , but there will be some malecontents ; and the nearer ruin their cause is , so much the more will they struggle in it , ( being like the convulsions of a dying man ) and use all arts , and turn themselves into all shapes , so they may but possibly disorder the publick proceedings of the kingdom . and now are the eyes of this nation , and all europe , upon this august assembly , waiting the issue of the debates thereof , which being vigorous and early ( mony being the sinews of war ) will beget the like vigour and resolution in the allies , and prevent the french king from making any separate peace , which ( by his emissaries ) he hath with so much industry endeavour'd , as knowing he must sink under the wait of the confederate arms. but it astonishes me , when i consider that two nations , who are so potent at sea as we and the dutch are , should not make a more advantagious use of that strength which god hath given us : the being strongest at sea , was ever an unspeakable advantage ; which is apparent to the whole world that we are , notwithstanding those losses we have had . and we may plainly see that the providence of god generally works and brings things to pass by natural causes and effects , as may evidently be seen by the late revolution in this kingdom ; for it was by the evil administration of government , under various circumstances of affairs , that contributed to it , and which gave just ground and occasion for it ; and was that which turn'd the hearts of the people , and thereby begat a union of parties , and was the great outward cause of our present settlement . therefore in vain will it be for us to cry unto god for help , and to give a blessing to our endeavours , when we take not apt and proper measures . and it seems highly unreasonable his majesty should be so much expos'd to the violence of the enemy , to the great hazard of his royal person ; upon whose safety depends not only the happiness of these kingdoms , but all europe ; and he hath hitherto been obliged to attend the motions of the enemy , and to take his measures according as they move ; which brought his person into imminent danger . therefore with all due submission i humbly conceive , that notwithstanding all the utmost efforts that can be made , it s morally impossible of making any impression upon the french in flanders , they being so strong on that side , but by making a descent upon their maritime coast , if not to conquer , yet to commit the same depredations they have done upon our neighbouring nations ; that they may drink , and have their share of the cup of affliction , and feel the dismal effects of war : nothing can possibly wound the enemy like it , if it be carried on by a conjunction of some of the forces of the confederates , and back'd by a strong fleet. then would it soon alter the scene , and distract the councils , and break the measures of the enemy ; as not knowing where the storm will fall ; which will consequently oblige them to make a defensive war in all parts ; and would england but exert its strength , i doubt not but it would soon pull down the pride and haughty look of that aspiring monarch , whose insatiable ambition is such , that he hath made europe a golgotha , a field of blood. and there 's nothing like pushing on the war with vigour ; a lingering consumption being worse than death . least , render'd all attempts of this nature more difficult . and it was ever the genius and temper of the english , ( as do witness their wars both foreign and domestick ) to push on a war , and come to action , leaving the event to providence . and whereas the number of loose and vagrant persons are exceedingly increas'd in the kingdom through the laws not being duly put in execution , and the king having ever had a power of taking these up by warrants from the justices of the peace to be sent on board the royal navy . therefore i humbly conceive , it would much contribute to the publick service , that his majesty may have the same liberty ( by act of parliament ) of taking them up by the same methods , and employ them as he shall think fit , either in mixing them with the regular troops , or otherwise ; which would be the raising of several thousands of stout and able men , fit for service , who are now but drones , and as it were the vermin of the land ; but by these means may be made serviceable to the publick ; and a great kindness it will be to all parts of the kingdom . i am my lords and gentlemen , your honours most faithful and obedient servant robert crosfeild . to the reader . i here present to your view some propositions , which i hope may be of use to the publick and posterity , for which they were intended : but as i have handled the matter but weakly ( though to the best of my skill ) so it is evident through the whole book , that it may be much improv'd . but having observ'd with much regret , under what unhappy circumstances things lay in reference to sea-affairs , and matters growing daily worse and worse , by our merchants being so long detained in port , to the great damage of their majesties , and the whole kingdom ; i conceived there must be some natural obstruction that occasioned it , or that there must be some great defect in those measures that were taken ; and by long ruminating upon the matter , my thoughts suggested to me , that i had discover'd from whence those evils did proceed , which after having drawn into some form , i then presumed to address my self to the government ; and now have ventured to expose my self to the censure of the world : and it s not any vain desire of applause that hath induc'd me thus to appear in print , but a due sense of that duty which i owe to their majesties and my native country ; for i was under much and great reluctancy , before i could bring my self to a resolution of doing it ; and not without just cause : for i was not bred a schollar , nor ever was concerned either in shipping or custom-house affairs . so that if these things prove successful ( as i have no great reason to doubt ) then must i wholly attribute it to the hand of providence . 't is the opinion of a great many , and those good men too , that we have been betrayed , and a general out-cry there is of it through the town and kingdom , and prosecuted with much heat ; and i believe it as much as they : but 't is the sins of the nation which have betrayed us , ( this is no imposing at all , or any desire i have of being advocate for any ) but setting them aside , and calmly waying and considering things , it will be found , that otherwise the original of all our misfortunes arise from those methods that are taken for the supplying the royal navy with saylers ; and this being but the effects of natural causes , i hope no man will be offended , if i do in a great measure make it so appear , if he will seriously and impartially peruse the ensuing discourse before he gives judgment ; for so long as these methods continue in use , we can humanely expect no better success . war was always an enemy to trade , and losses will come whenever it s on foot , notwithstanding all the industry that can be us'd ; but it s seldom a nation doth obstruct and annoy its own trade ; but that hath been our misfortune . for , for near half the year all ports have in them those that are enemies both to king and kingdom , though not in person or affection , yet being arm'd with power do obstruct trade , and prevent the merchants from making their several voyages , who would carry off the product of the country : by which means the king loses vast sums of mony , and the trade of the nation 's greatly impair'd . it s the press ketches which are guilty of all this ; and it s by reason of their slowness and difficulty they meet with in getting men for their majesties service , which is the grand cause why our merchants have been so long detain'd in port ; and they and the coasters have been so much expos'd to the violence of the enemy . therefore those methods we have hitherto taken , ( being the same that were in use an hundred years ago ) will not do in this age. so it s from our being wanting to our selves in our maritime affairs , and not making due provision for the sailers , which hath been the fountain from whence our evils have sprung , and not from any great force of the enemy . notwithstanding all this , the sailers are as zealous for the publick service as any men in the kingdom ; but interest and self-preservation is that which governs the actions of men ; and there is now a great incongruity between the sailers interest ( as shall be made appear ) and that of the publick ; and so long as that remains , it must always be expected they will decline the publick service . but if the government will be pleas'd to put the first of these propositions in execution , and pass the second into an act , then will they be consentaneous . for by them the sailers wages will be reduced , and as there will be little odds between the king's pay , and that of merchant-men ; so they will have no cause to shun the service , neither indeed can they ; and their encouragement to it will be great , for they will have the benefit of enjoying two charities , whereas those on board ships of trade can enjoy but one . i cannot without amazement , call to mind his most gracious majesties great courage , bravery and conduct in the late battle at landen , which was to the astonishment of his enemies : but at the same time tremble , to think to what dangers he expos'd his royal person for our safeties ; for should he have fallen , our candlestick would have been removed , and our church and nation have become a prey to our enemies ; but god of his wonderful providence hath protected him , and reserved him for greater actions , and no doubt will make him the blessed instrument of restoring peace to europe . it must be acknowledg'd things lie heavy ( but no ways to be compar'd to that deplorable condition unto which france is reduc'd ) yet we have the least reason to complain of any nation in europe that is engag'd in this war ; for we have sat down in the midst of peace , while our neighbouring nations ( and country-men ) have been shedding their blood abroad ; and they have had their countries expos'd to the ravage of the enemy , and violence of armies , and have willingly undergone all this , that they may obtain a durable and lasting peace . therefore let us not repine , but chearfully assist his majesty in prosecuting so just and honourable a war ; and doubt not but the same hand of providence which so wonderfully deliver'd us , will still protect us , and bless our arms , that we may bring it to a happy period , and every man sit down in peace under his own vine . at the first blooming of the gospel , in the very apostles times , we may see that there were disputes in the church , and men had different conceptions of things ; but yet we find , they were still guided by a spirit of meekness and charity to each other , according to the dictates of that holy religion they profest ; but this age in which we live is much deviated , and fallen from that love and union which was so conspicuous in the primitive christians , and which the word of god so positively commands and directs : but the excess and vitiousness of mens lives are now such , that more are destroy'd by it , than devour'd by the sword. and so long as we continue these uncharitable and unchristian feuds , and practice these immoralities , we can have little reason to expect the divine goodness should shower down blessings upon us , but rather have a fearful expectation of iudgment for our impieties , sin being always the forerunner thereof . therefore let us seriously consider these things , and repent before it be too late , then may we with comfort look up : for god doth not willingly afflict the children of men , or any people or nation , but for the sins of the inhabitants thereof ; for like as a father pitieth his children , so is the lord merciful unto them that fear him : for he knoweth the frame of man that he is but dust . but the generality of people among us seem much unconcern'd as to publick affairs , otherwise than in hearing and telling of news : but let every individual person be well assured , that a great duty and obligation lies upon him in reference to the obtaining national mercies and blessings ; and it cannot be conceived that a bare observation of a monthly fast ( during the time of action ) can obtain them ; for we can never expect them , unless we daily and fervently beg them of god. therefore let us with all humility wrastle and contend with him for a blessing upon this land ; but first let us do all acts of mercy and compassion , then may we with the greater assurance approach the throne of grace . king be engaged in a war , the government must be first serv'd ; and the private give way to the publick interest . but yet notwithstanding , there 's an absolute necessity of preserving our coasting trade , for the supplying london and other parts with coles , corn , &c. there 's no arguments i can offer will bear any thing like unto matter of fact ; and if your lordships will be pleas'd to look back to the preceding years , you will find , that after their majesties fleet hath been fully mann'd , and at sea , there hath bin notwithstanding no want of sailers to carry on the coasting trade , as it hath evidently appear'd ; and when it hath met with obstructions , it hath been occasion'd by having so many privateers on the coast , and the want of necessary convoys : so that its apparent that there is a sufficient body of sailers whereby to answer the ends of the government , and the necessities of trade , as will be farther demonstrated in this ensuing discourse , with the cause why the publick is not more timely serv'd ; and the reasons of it seem to be plain : for there are a very great number of sailers that abscond and hide , till such time the fleet is out ; and if they can afterwards use the coasting trade , or make some voyage for five or six months time , they will get more mony than the kings pay will amount to in the whole year , and have their pay so soon as their voyage is over ; whereas the publick is always in arrears , and it s but natural for every man to pursue his own interest : and withall , these men are not unsensible that if they lose their limbs , or are maim'd , that the fate of them generally is , that they become vagabonds , notwithstanding they receive the kings pay during life ; it not being a sufficient maintenance . the sailers thus using all the industry they can to avoid the publick service , and the ways taken to bring them in being so dilatory . indeed , the want of due convoys is the grand occasion of the exorbitant wages now given in the coasting trade . as to the outward-bound shipping , who carry off the product of the country , it must must be acknowledg'd on all hands , that they ought to have the preference above all others , so far as is consistent with government : for it s the foreign trade that makes this nation potent and happy , and not that within our selves : it 's from thence all our riches flow ; 't is that which brings the bullion and coin into the kingdom . besides , our plantations abroad cannot subsist without frequent supplies from us ; and of what great consequence they are i need not say . and 't is our outward trade which is a support to a great part of the body of the people of this kingdom ; and if that be long obstructed , they must languish . therefore if any hardship must lie upon shipping , it may , with submission , i think be rather thrown upon the coasting trade , as being the least evil , and the soonest remitted . for suppose coals are now at thrity shillings a chaldron , and by reason that the government press so many of the colliers men , that few ships pass between newcastle and london ; for which reason they run up to fifty shillings a chaldron ; it would not be long before this might be remitted , ( if there be but due convoys , and some frigats constantly to cruise on the northern coast ) for the people that live upon the coast will be drawn into the service by reason of the great . wages given ; and there is shipping frequently coming in , which would supply the colliers . in september the great ships are usually laid up , and those men may be dismist ; and then there could be no want : however , it was never yet known that we suffer'd in our coasting trade through the want of men. but the fear that men have bin in of being press'd , or having many privateers on the coast , and not having necessary convoys : these have bin the only and true causes of it when it hath happen'd . we see in this our age almost all arts and sciences greatly improved , and why not things of this nature ; and i humbly conceive , that if those propositions i have made were put in execution , it would not only much expedite our publick affairs , but also encourage and enliven trade during this war. i am , &c. some time after the delivery of this , i did wait on their lordships , destring to know the result of the matter ; and they were pleased to give me a very obliging answer ; which was this : that the fleet was out ; and they could not now put my propositions in execution ; when they did , i should hear from them . the th of august last i deliver'd in this ensuing paper . right honourable , in my propositions which lie before your lordships , i say , that when the great ships are laid up , those sailers on board may be discharged : and the season of the year now coming on for so doing , i conceive my self obliged to give my reasons for it , in regard it will greatly promote their majesties and the publick interest ; and humbly conceive , that when these men are dismiss'd , the government will have no occasion for them till spring following : and if it be but calculated what the charge will be in keeping them in pay till that time , it will be found to be an immense sum. no objection can be made whereby to hinder or retard the doing it , but the exigents the government may afterwards be driven to for want of these men. but arguments have and shall be given , to prove that cannot possibly happen . therefore whatever hardship or pressures may other ways lie , some expedient must be found for raising money to pay these men , so as they go off satisfied . this will not only be saving the king and kingdom great sums of money , but there will naturally arise from it , that which will be of publick advantage : for many of them will fall to the coasting trade ; by which means coals and other goods will be kept or brought down to moderate rates . some may take to privateering ; which , if duely encourag'd , will encrease the number , and be of great use to the nation ; for they willnot only annoy the enemy , but be a protection to our merchants and coasting trade : others will make voyages abroad ; as , to spain , portugal , &c. and return before the government will have occasion for them : and a nation depending so much upon trade as we do , the uttermost diligence and industry must be used to preserve it : and i humbly conceive , that it hath now more fully appear'd , that there is a sufficient number of sailers to answer the ends of government and trade ; as hath been apparently evident this summer , as well as the preceding years ; for when the royal navy was fully mann'd and at sea , there was a very great fleet of outward-bound ships that then sail'd ; and at the same time above sail of colliers moving that use the new-castle trade , ( besides other coasters ) as appears by the gazettes of the th and th of june last . moreover , we had several fleets came in from abroad the same month ; and at the same time had shipping in almost all parts of the world : and no sooner was the grand fleet out , but the wages in the new-castle trade sunk s. a voyage , and in all probability had fallen much lower , had it not been for the many privateers which all along infested the coast . all which gives undeniable evidence that there is no want of men ; and that when the season of the year comes , those propositions i have made may be put in execution , without any possibility of damage to trade : it 's so far from that , that a great deal of good will flow from it . and i conceive i can no ways better make it appear , than in first laying open the ill that attends the making use of the press-ketches , which will we found to be of very ill consequence to the government , and pernicious to trade . these may seem to be very harsh terms ; but doubt not but your lordships will find i shall make good the charge ; for when they have received their warrants for impressing of men , and sail to some port ( they no sooner appear but the sailers abscond for reasons before given ) where they continue for some time ; when they sail away , in some small time others come into port ; sometimes two or three ; so for the most part it continueth thus the winter season . the spring coming on , and the government finding a want of sailers for manning the royal navy , lay an embargo to such a time , ( in the interim these ketches are employ'd to get them ) ; that being expir'd , yet still they want ; upon which the embargo's renew'd to a longer time ; and that being expir'd , yet they have not their complement of men : so that the embargo's renew'd from time to time ; ( or if it be one continued embargo without limitation it 's the same ) . all this arises from the dilatoriness of the press-ketches ; for the government can do no less than lay an embargo when there is a want of men ( our fleet , under god , being the greatest security we have ) . but by these means the merchants are exceedingly discourag'd , and prevented in making their several voyages ; which they might do , and return before the government had occasion for the men. likewise their majesties revenues are greatly impair'd , by not having those duties paid ( both inward and outward ) which otherwise would be : and the nation suffers exceedingly , in not having that vend for their native commodities that otherwise they might . all which must consequently impoverish the people . we are happy in our situation , in not being liable to the incursions of the enemy ; and expos'd to that ravage our neighbouring nations have felt and undergone , from the hands of a barbarous and cruel foe . but we shall have no cause to fear them , if we take but such measures , whereby to protect our trade from their privateers , which greatly afflict all the coast ( which they always pour out upon us after they have laid up their great ships ; and by their late attempt upon the streights fleet , it 's visible they more aim to ruin our trade than to fight us ) . then would mony circulate well at home , the subject be made easie , and trade flourish . and did we consider the large sea-coasts of this kingdom , with the many ports and harbours therein , with the numerous body of seafaring people thereof ; we might rationally conclude , that there is no nation in europe able to equip such a fleet to sea as we are , if we take but proper methods ; and their majesties may be as absolute soveraigns of the british seas as ever their predecessors were when the laws of oleron were made . in all that i have said , i have no design of reflecting upon any persons , by thus exposing those methods that are taken ; for they are the same that our forefathers us'd , and from them we receiv'd 'em ; so none to be blam'd : but if it appear better may be taken , that will prove more useful , it cannot but be thought reasonable to lay them aside . but by so doing it s not improbable , but that it may ruin the interest of some well-deserving persons ; however , theirs must not stand in competition , being incompatible with that of the publick , and the government may other ways make them compensation . i will humbly suppose now , that were the time and season proper to put those propositions in execution , and it were accordingly done , it would be found , that there would be more men taken than the king would have occasion for ; so that many of them might be discharged . the consequence of this would be , that all embargo's would cease that are occasion'd by the king's want of men ; then all shipping will be free , and trade laid open ; and the merchant and coaster will soon be supply'd with men , as hath appeared . and when these men are in custody , shipping may be taken up in each port , to convoy them to those where their majesties ships ride ; and be convoy'd by some frigats appointed for that purpose : then those vessels may be discharged . by these means a vast charge will be cut off which attended the press-ketches , ( calculated by cap. st. lo at l. per an . ) and that heavy burden that lay upon trade , occasioned by the use of them , will be thrown off , and the merchants left to pursue their several voyages . i have no desire to appear in print , being only ambitious to serve their majesties , whose innate goodness is such , that i have no reason to doubt , but that they will be pleased to extend their most gracious favour towards me . proposals how their majesties may be supplied with a sufficient body of saylers , for manning the royal navy in a few days space , and with little or no charge . proposition i. that the lords of the admiralty be pleased to issue out press-warrants to the surveyors , and other officers , of all the ports of the kingdom , that they press all seamen that are in their respective ports , that are not already in their majesties service ; it being well known that there are many in all ports that will not enter themselves into their majesties services ; not out of prejudice ; but because they love not danger ; and are more afraid of losing their limbs than their lives ; and it s but natural to all men to seek self preservation . prop. ii. the officers of the custom-house are actually in their majesties service during their good behaviour , and no longer ; and have their present subsistence from the government , and their future livelihood depends upon the same ; and living upon the place must have a better knowledg of the saylers , than others ; so that they will be careful to execute such orders as they shall receive from above from time to time . prop. iii. the officers of the custom-house being thus impowr'd , may with much ease take up most of the saylers of the kingdom ( then on shore ) at one and the same time , by reason of the circular letters , as in the first proposition . it 's quite otherways in the case of the press-ketches ; for they no sooner arrive in port , but the saylers fly up into the country , or otherwise abscond , and appear not so long as the press-ketch remains there . this is a plain truth to all men ; so that the king is at a vast charge , and little good insues upon it . prop. iv. the surveyor of each port bords every ship at or before she cometh to an anchor ; so that he may command what men they have : it may be done with much ease , only by taking into custody the ships boat , so that all means of making their escape will be cut off : but great care must be taken of the ship , that the merchant suffer not . these inward bound ships would constantly supply the fleet during the summers season . prop. v. that the surveyor of each port give advice to the lords of the admiralty , what men he hath in custody , that timely care may be taken that they be sent to those ports , where their majesties ships ride , and that the collector of each port pay the charge of the impress'd men during their being in custody . objections may be rais'd , more than i am capable to discover : one will be , that it will obstruct the king's business , and bring an inconveniency upon the merchant . i conceive it will do neither ; for the officers of the custom house are oblig'd , by act of parliament , to give their attendance but at such and such hours , and there is a great part of the day wherein they may do the king's business in this affair ; and it will be much easier for them to do it , than any other persons . and with all due submission , i cannot see any occasion of making use of the press-ketches for the future ; for in effect , every surveyor in each port acts the same thing , so that it may be said , that there is a press-ketch in every port of the kingdom , besides the officers on shoar . if these methods are taken , then there will be no occasion of taking up loose and labouring people in london , as is practis'd every year , who not being inur'd to the sea , in a little time , serve to no other end , than to fill the hospitals , and breed distempers on shipboard . and this may be executed with as much ease , as laying an imbargo ; for the saylers cannot possibly avoid being taken ; for they may very well be compar'd to amphbious creatures , who , as they cannot long live out of the water ; no more can they long subsist out of some port : this will give the government an opportunity of being at sea , so soon as they shall think fit ; from whence much good will ensue to the publick , and to trade , by having our merchants protected . propositions humbly offered for the support and maintenance of all such saylers that shall be wounded or maim'd in the publick service , ( including all privateers ) or in defence of our ships of trade . done by robert crosfeild . by all the observations i can make from that little reading which i have had , i apprehend the roman's to have been the noblest and the most generous people that have been in any age ; and who took great care , and made provision for those who were wounded in their service , by planting them in colonies , and giving them a competent maintenance , which was no doubt a great incouragement to their soldiery , and one grand cause of the inlargement of their territories , which in the time of julius caesar was grown to a great extent . and that governmenr that will expect to arrive to any potency , must give all due incouragement and rewards , to such as are instruments of promoting the same . and the grandure and power of the crown of england and welfare of the people depending so much upon trade , all imaginable incouragement should be given to shipping and saylers who bring the riches into the kingdom . and , i conceive , we have been much wanting to our selves , in not making due provision for the saylers ; therefore judge it a thing highly necessary to be looked into , being that which will greatly promote navigation , and increase their numbers . and as the romans were sedulous in taking care to provide for their souldiery , so much the more ought we to study the interest of the saylers upon whom the welfare of these kingdoms doth very much depend . the matter that i have to propose on their hebalf is , that such of them as shall lose their limbs or be maimed in the publick service , or in defence of our ships of trade ( and so made uncapable of getting their livelihood ) may have due provision made for them during life , and to be punctually paid quarterly ; which will not only be an inducement to men to be bold and brave on board the royal navy , but it will likewise make them resolute in defence of our merchant-men ; as knowing if they have the misfortune to be maimed or lose their limbs , they shall have a competent provision made for them ; and i would humbly propose to extend this so far , that if any man be slain , and leave a wife and two or three children behind him ( as it may be the case of many ) they shall receive the same pension for seven years as if he were living ; and all this may be done without any charge to the government . and those who are concern'd will have no just cause of complaint : so that this would plainly be an inducement to many thousands of people to take to the sea , who are now afraid of it , for fear of losing their limbs , and becoming vagabonds , whereas , on shore , they live free from any such danger ; but if such provision were made , that obstacle would be removed . and i not only conceive it to be the interest of the nation , but an action humane and christian ; to make provision for such , as are not capable of doing it themselves . and i do apprehend there will much good and many advantages arise from this charity , much more than is to be discern'd at first sight , and will have a great influence many ways . by it many merchant men will be prevented falling into the enemies hands . for as things now stand the saylers can have little courage to fight and oppose the enemy , knowing if they are maim'd they are utterly ruin'd , notwithstanding they do beat off the enemy ; for if the owners do but pay them their wages , it s as much as they are oblig'd to . and certainly there can be no greater hardship in the world than these poor mens case is , who by their courage and bravery often preserve the merchants effects , and bring great riches into the kingdom , and at the same time it 's there unhappy fate to lose their limbs , and by it are ever after made miserable : this is too much matter of fact and truth . and no doubt it 's the apprehension of these things that makes many ships resign to the enemy , as knowing the greatest loss is their wages , and they will not venture their limbs for other men. there 's just reason to believe this , for we have many instances of some of our shipping who have defended themselves from the algerines , and other pirates to admiration , and bravely acquitted themselves from them to their great honour , and advantage of their merchants and owners ; but it was not so much love to them as kindness to themselves , that made them so resolute , being sensible what misery they should undergo , if they should be taken . so we see the apprehension of misery will make men stout , and rewards will have the same effect ; but if they are in danger of being taken by our enemies privateers , they have now no such fear upon them , and their loss not great , so that they will not venture their lives to that degree , they might and ought for the good of the publick only , for want of that due incouragement that men should have ; and if there were such provision made for them , no men under the copes of heaven would be more bold and brave ; and it 's but for bread that these poor men plow the seas , and if they have a reasonable prospect of injoying that , they will fear nothing . and we cannot grutch them that which principally proceeds from their own labours . and things being thus established upon these foundations will be an extraordinary incouragement for men to take to the seas , as seeing a fairer prospect of raising themselves that way , than by any labour or service by land. having this assurance , that if they should be maim'd yet they should not want . which is that which men generally fear more than death . and one great advantage may be made to the publick , by this being past into an act , viz. that by these means , that all saylers whatever that have pay due to them from the government , shall relinquish one moiety ; and this can no ways appear any hardship upon them : for what man is there under their circumstances that would not willingly withgo a greater debt , that by so doing shall be assured of a maintenance for life , in case he grow into years and past labour , or happen to be maim'd , and so made uncapapable of getting his livelihood ; they can lay no claim to it , so can pretend no title to it ; therefore it 's but reasonable they should make an acknowledgment to the government , for passing such an act in their favour . this would soon reduce the extravagant ways that saylers now have , and in little time they would fall to the old rate , notwithstanding it be time of war , which would be a great benefit to all coasters , merchants and owners , as likewise an ease to the people in general . we may in great measure judg the benefit that may be reap'd by this being past into an act , by taking notice of the several offices erected in this town for the insurance of houses from fire , particularly that which is called the friendly society , where so many persons have mutually subscribed to each other upon such conditions , as it s look'd upon to be a very good security ; for many persons may help one or two with little detriment to themselves , which otherwise would be ruin'd : but this is a matter more extensive , as being national , and of much greater consequence than they are ; but differs not much in nature , being an insurance as well as they , and so properly enough may be called insurance mony. and it 's past all dispute or controversy , that all due incouragement should be given to saylers so far as is consistent with their circumstances and the rules of government . if an abstract be but taken of all entries made in all ports of the kingdom for one year , then a true estimate may be made , and all errors remov'd ; as likewise what this following act of tunnage may amount to . prop. i. that all shipping using the coasting trade , that exceed not one hundred tun burthen , do pay to the collector of the port one shilling each voyage . but all those that are above one hundred tun , do pay two shillings ; the saylers to pay one half of this when they receive their wages , proportionable to their share , according to the number of hands on board ; the other part to be charg'd to the bottom . prop. ii. that all outward and inward bound ships that are not above one hundred tun , do pay four shillings : all vessels that are upwards of one hundred tun , do pay eight shillings . but all vessels to or from turkey , or the east indies , do pay sixteen shillings ; one half of these to be paid by the saylers when they receive their wages , according to the number of hands on board , the other part to be charged upon the bottom . this may seem a hardship , but will be found none ; neither owners nor saylers will feel it ; and no more , but what they will both earnestly desire may be done . prop. iii. that all vessels whatever , that use the herring fishing , shall pay eight shillings for the season ; one moyety to be paid by the men , the other to be charg'd to the bottom . that all fisher-boats whatever pay four shillings a year : that the western barges , and all other barges whatever , all lighters , smacks hoys , new-castle and sunderland keels , &c. do pay four shillings a year ; all these to be register'd in the several ports ; and that all these persons do bring in and pay the mony to the collector by such a time , and upon default thereof to pay such a mulct as by parliament shall be thought fit ; one part of these to be paid by the men , the other to be charged to the bottom . this is so small and inconsiderable a charge that no man can complain ; and altho' there are some of these that use not the sea , but having their dependance upon trade , it s highly reasonable they should contribute towards the support thereof . prop. iv. that the collector in each port receive and keep this mony from quarter to quarter , and give security for the same ; but be liable to give an accompt , and pay it to the trustees in each port , who shall be ordered to dispose of the same ; and some one of those trustees shall give security to the overseers , because there may be growing mony in his hands which otherwise may be imbeziled ; and that these trustees shall always be liable to give an accompt to the said over-seers , when and so often as they shall think fit . by these means all abuses and corruptions may be prevented . that the collector of each port give to the master of every respective vessel , a receipt for this mony without fee ; and that he carry this to the jerker for him to enter upon it the said master and saylers names , with the name of the ship on which they are on board , this to be done without fee , and to be filed and registred . now this will be a great help to the sayler , in his proving on what vessel he was on boar'd , and likewise be a means to prevent their imposing upon the trustees : but it shall be lawful for each collector to deduct three pence in the pound out of all monies passing through his hands , to be dispos'd of , as shall be thought fit for his and the jerkers trouble in this affair . it being a matter designed for the good of the sayler , and not to the advantage of any port where the mony is paid ( further than for the use of the saylers allotted to them by act of parliament ) so that if there be any overplus of mony in new-castle or any other port without exception ; it shall be lawful for the over-seers to take it , to supply the wants of others : the intention of the thing being to relieve the want of the saylers in general ; but if there be any overplus of mony beyond this , it shall farther be in the said over-seers power to build hospitals in the several ports , for the use of the wounded saylers , or the widows and children of such as are slain , or such of them as are antient and past their labour ; but then they shall be built in those ports where the mony was raised . that twenty over-seers or more be nominated , and they to be persons of honour , to overlook and inspect into the actions of the trustees ; and if it appear to them that they have abus'd their trust , then it shall be in their power , or any ten of them ( without any sute at law ) to nominate others , however they shall live in or near the port ; that a clark be assigned to the over seers , who shall keep in a book fairly written , an accompt of all the ports in the kingdom , and the several collectors thereof shall transmit to him every quarter , an accompt of what monies they have paid to the trustees , and they likewise quarterly to give him an accompt of the names of the several persons that they have paid the charity to ; and this shall be laid before the over seers twice in a year at least ; and that three pence in the pound be allowed in each port out of all monies received , to be for a sallary to the said clark. whereas saylers often shift ships , and are sometimes upon one voyage , sometimes another , great care must be taken , that by this means they do not receive the charity in more ports than one : the like care that they be not put to too great trouble of proving their being wounded on boar'd such a ship before they can be admitted ; it may be a great hardship , to a man that 's maim'd , poor and friendless : the same care must be taken in reference to those that shall be slain ; that the trustees have not women and children impos'd upon them . if a sayler have lost a limb , or is otherways maim'd , ( so as to be render'd uncapable of service ) then the trustees to pay him , or them , according to the fund they have ; but yet not to exceed twelve pounds per annum , that being a competent maintenance for a poor man. and those that are maim'd in the publick service shall reap the advantage of this , he , or they , being to be reckon'd to that port out of which he was taken , when he enter'd into their majesties service , a register being kept in each port for that purpose ; this will soon take off the saylers aversion to the publick service , and greatly promote their majesties interest , these men enjoying two charities , for the government will never withdraw their usual bounty they have all along given to saylers , and it will be an infallible means of keeping them from taking foreign service ; he that is first wounded to take place before all others ; this method to be observ'd in all ports . and in little time there might be very good hospitals built in all the considerable ports of the kingdom , to the great relief of the poor , and to the interest and honour of the nation . the saylers on board all outward-bound ships , and coasters , shall be adjudg'd to that port where they took their last clearing , and paid their charity-mony : all inward bound ships shall be charg'd to those ports to which they are bound ; and if by misfortune some of them fall into the enemies hands , and their men maim'd , yet notwithstanding those men shall have a right to the charity , and receive it in that port to which that vessel was bound . i have now done with my propositions , and shall only bring an example , or two , that it may appear how easie the thing will be ; we may suppose , that all vessels from new-castle to london , that are above one hundred tun , will have one with another eight saylers ; so here is twelve pence to be paid by each person , which is but one penny half penny a man each voyage ; and it 's possible , they may make eight in a year , which is but twelve pence a man for the whole year . likewise all outward and inward bound ships , that are upwards of one hundred tun , one with another , will have twelve saylers on board , and four shillings to be paid by them , which is four pence a man each voyage , which they would chearfully and readily pay . and all owners of shipping would willingly pay what is charg'd upon the bottom ; for by this act their men will be made resolute in defence of their vessels , and it will be a very great inducement and incouragement to them , to set them out to sea better arm'd and man'd then now they do . this would make a great revenue , and which would be a vast help to all the ports in the kingdom , and the whole nation would soon feel the happy effects of it . but that which would be the crowning of the work , is , that god would then give a blessing to our publick undertakings , and send us a durable and lasting peace . a supplement to the foregoing propositions . it may be expected i should make an estimate what fund may annually arise towards building of hospitals : it is a hard task to perform , and without some helps from the government , do conceive , that neither i , or any one else , can make a true estimate ; but according to my apprehension , it cannot amount to less than thirty thousand pounds a year . and great things may be done by reason of this fund , which will continue as well in peace as war , and great improvements may be made beyond what i have done , which in some measure you may discern , but i want time to explain . as that there may and ought provision to be made for commanders of the king's ships , or masters of vessels , ( that are fallen to decay , that have behav'd themselves honourably , and deserv'd well of the state , ) suitable to their merits ; and such persons to be governors of the several hospitals . and others that have behav'd themselves well , and in defence of their ships , and done something that 's great , and deserves praise and imitation , and wants not this charity , these to be presented with a gold chain and medal , with some motto suitable to the action ; and this shall be put on in the presence of the overseers ; and after this he shall ever have the power to act as a trustee in all the ports of the kingdom , and for one year shall have the honour to be admitted to act as an over seer , and have an equal vote . and likewise it will be necessary to put out the children of such commanders or masters of ships that are either slain or maim'd ; but this power must be lodg'd in the over-seers , otherways there will be great corruption and abuses in this affair . and when it s fix'd and settled by act of parliament , then will it by consequence greatly improve the trade of the nation and the revenue of the crown ; and increase the number of shipping and saylers . then will not the gentry and middle sort of people be so greatly averse to the bringing up their children saylers , as now they are ; but it 's through a wrong notion they have of things , that makes them have such mean thoughts of sea-imployments ; neither are they so terrible and frightful as some apprehend . we see the generality of people that give their children competent fortunes , put them out to shop-keeping , trades or handicrafts ; by which means they are made so numerous , that trade cannot support all ; and men thereby fall to decay ; and seeing ruin hanging over their heads , run into excess , and so hasten their downfall ; and it may be in a few years return to their friends to be kept , and bring a wife and two or three children to boot ( there are multitudes of instances of the truth of this ) which must certainly be a great affliction to the parent , and a continual eye-sore and vexation to him : and the poor ruin'd man receives the scorn and frowns of his friends , which he 's forced to disgest pierce although it his very reins ; so he lingers out a miserable ignominous life . and he may be said to die daily ; for there are many afflictions more bitter and sharp than death it self . therefore if gentlemen would but bring up their younger sons to learn navigation , and afterwards put them for two or three years to a captain of one of the king's men of war , or to some eminent master of a ship , that he may understand the duty of a sayler ; then would his coat sit never the worse upon his back , but the better , when he 's grown man ; and then will he be qualified for his princes service , or at least , need not fear having a good ship , and of raising his fortune . but if he should happen to fall either in the publick service , or in defence of our ships of trade , he certainly dies brave , and brings not a blemish upon his family , but is an ornament to the same ; and if he should not have got an estate , or have lost one , there will be decent provision made for his wife and children , and it can be no dishonour for any to receive it , it being adjudg'd by the law to be a just merit : therefore , had i much rather my child should die in the bed of honour , or in a storm , than live and linger out a miserable ignominious life . propositions humbly offer'd for an act of parliament to be made , for laying a duty of tunnage upon shipping . when the kingdom is ingag'd in war , it s not only requisite but equitable that all persons , according to their several degrees and qualities should contribute to the immergencies of the state ; all due regard being first had to husbandry and trade ; and wherein things do not obstruct or impeed either , it s but reasonable . and , indeed there are many whose estates and effects lie in shipping , who have no ways yet contributed any thing to the publick , during the whole course of this war ; and who are under good circumstances , and capable of paying taxes proportionable to the rest of the king's subjects , and no injury thereby done . they may , its true , plead they are at great charge to the light-houses , and by convoy mony , which is no hardship upon them , it being brought in upon the merchant as averidg . unless it fall upon colliers , and it 's well known they get a great deal of mony , notwithstanding all the charge they are at , and the great wages they give . and it may further be object'd by them , that they are liable to great dangers , and many of them taken by the enemy . all which is no more than what the merchants are expos'd to ; whose effects are generally of much greater consequence than their shipping , yet are no ways exempt'd from paying greater duties both inward and outward ; notwithstanding any great losses they have had , or may hereafter meet withal . therefore , it seems altogether unreasonable , that these persons should be exempted from being tax'd , when there may thereby be so much mony rais'd as will be of great importance to the government . but that things may be done with all due moderation , that no good subject shall have any just cause of complaint , and not one tax'd more than another ; it would be requisite , i humbly conceive , to have an act of parliament made to lay it as a tunnage , with due regard being had to the burthen and voyage of each ship , and to make a distinction between coasters and vessels outward bound , according to these insuing propositions . proposition , i. that all coasters whatever ( except collyers ) pay six pence per tun to the collector of each port where he takes his lading , according as the ship shall measure ; but if he shall not have his full lading , then a deduction to be made according to what he wants ; or if he shall afterwards have the misfortune to fall into the hands of the enemies , then he shall have the liberty to draw back what tunnage he paid that voyage , and be paid upon demand , or be allow'd it by debenter , and have twelve months time so to do , after the loss of the said ship : but all colliers shall pay this tunnage in that port they break bulk and vnload : unless it be such of them as are outward bound . as to holland , ireland , &c. they shall pay it as the coasters do , in that port in which they take their loading ; but be liable to pay no greater tunnage than they do . proposit . ii. that all outward bound ships , except colliers , bound either for holland , flanders , portugal , denmark , ireland , &c. pay twelve pence per tun ; according as each ship shall measure ; and in case any of them shall happen to be taken by the enemy , before they have perform'd their intended voyage , then they shall draw back this tunnage , and be paid by the collector upon demand , or be allow'd it by debenter . and all inward bound ships from the above said countries , either english or foreign , shall pay two shillings per tun ; and in case they shall not have their full lading , deduction shall be made for the same . proposit . iii. that all outward bound ships that shall be bound either to the east or west indies , streights , east country , coast of africa , &c. shall pay two shillings per tun ; but in case they shall fall into the enemies hands , and not perform their voyage , then they shall draw back the said tunnage , and be paid upon demand or by debenter . and all inward bound ships , from the foresaid countries , shall pay four shilling per tun , and not be clear'd till the said monies paid . proposit . iv. that all western barges , and all other barges whatever ; all fish-smacks , hoys , lighters ( except such who constantly carry dung or soyl ) shall pay twenty shillings per quarter , and pay the mony every quarter to the collector of each respective port , within six weeks after it becomes due ; and upon default thereof to pay double : and that they come and make entry of them , with the names of the owners at the custom-house of that port or harbour they use ( but this shall be done without fee ) with in six weeks after the act takes place . this will create them no great trouble , and will be an ease to the government ; neither can it be any hardship to them to pay this mony ; the least of them having been at far greater charge the preceeding years , then they will be the ensuing ; and then their trade and business was greatly obstructed , but now they will be no way molested . that the collector of each port shall keep this tunnage-accompt a part ( as likewise the charity-mony ) and it shall be wholly a ppropriated to the use of the navy : this mony being thus receiv'd , by the collectors , will prevent the great and usual charge that attends the gathering in of taxes , and will be the saving of the government many thousands of pounds . according to my weak capacity , this seems , to me , to be a very facile and easy way of raising very great sums of mony , and be no manner of oppression of any man ; and shall bring an instance or two which , in some measure will prove it . a vessel from barbadoes ( whose tunnage is great ) of two hundred tun ; will bring one hundred tun of goods , or upwards , the freight of which will amount to about two thousand pounds . and considering all their ware and tare , and the great wages they give , it 's evident they may very well pay the government forty pounds when the merchant at the same time hath run the same risque , and pays far greater sums , and probably gets not so much by the voyage as the owners . and for the new-castle and other coasting trade , it can be no hardship for a ship of two hundred tun to pay five pound , two shillings ( including the charity mony ) in a voyage ; for in little time the saylers wages will sink much lower than now they are , and they will be nothing at the charge they now are at ; neither will coals , or other goods , be any way advanced by it , but reduced to a lower rate , so the charity act be but past , and the government be not wanting in granting them constant due and necessary convoys ; and if that be but effectually done , there are no owners of shipping will be concern'd at all for this charge put upon them , but will willingly contribute to the necessities of the government , that the trade of the nation may be protected and preserved . finis . dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, against our lawfull soveraign king charls the second; and the whole house of peeres, in these words. i do declare and promise, that i will be true and faithfull to the common-wealth of england, as it is now established without a king or house of lords. also against some of the judges of the late king in the high court of injustice. published, to reclaim such fanatique persons, who have been too forward to promote this wicked, destructive engagement; and still designe it, which hath wounded the consciences of so many godly christians in this kingdome. by that late worthy patriot of his country, mr. john vicars. vicars, john, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, against our lawfull soveraign king charls the second; and the whole house of peeres, in these words. i do declare and promise, that i will be true and faithfull to the common-wealth of england, as it is now established without a king or house of lords. also against some of the judges of the late king in the high court of injustice. published, to reclaim such fanatique persons, who have been too forward to promote this wicked, destructive engagement; and still designe it, which hath wounded the consciences of so many godly christians in this kingdome. by that late worthy patriot of his country, mr. john vicars. vicars, john, or - . p. printed by t. mabb, for edward thomas, and are to be sold at the adam and eve in little-brittain, london : . thomason e. [ ]. annotation on thomason copy: "april. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . government, resistance to -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, again vicars, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion dagon demolished : or , twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement , against our lawfull soveraign king charls the second ; and the whole house of peeres , in these words . i do declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established without a king or house of lords . also against some of the judges of the late king in the high court of injustice . published , to reclaim such fanatique persons , who have been too forward to promote this wicked , destructive engagement ; and still designe it , which hath wounded the consciences of so many godly christians in this kingdome . by that late worthy patriot of his country , mr. john vicars . eccles. . . curse not the king , no not in thy thought . god hath woollen feet , but iron hands . aug. london , printed by t. mabb , for edward thomas , and are to be sold at the adam and eve in little-brittain , the stationer to the reader . kinde reader , this ensuing narration came to my hands casually , from a christian friend of mr. iohn vicars , lately deceased ; from whom he had it , being written with his own hand ; the end of publication is , that god may have the glory , and that all true christian protestants may receive some benefit by it , which is the unfeigned prayer of , thy friend , e. t. the westminsterian engagement . january . . i doe declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established without a king or house of lords . the summe or substance of the penalty of not subscribing it . be it enacted by authority of parliament , that whatsoever person or persons shall refuse the taking or subscribing of this engagement , shall be disabled to hold or enjoy any place or office of publique trust , profit , or employment whatsoever ; and that if he do continue therein without any such subscription as aforesaid , contrary to this act of parliament ; he shall forfeit all such offices , places or employment and profits whatsoever ; and shall forfeit also double the value of such profits and benefits as they shall have received and taken as aforesaid : and for default of distresse and sale of such offenders goods , the offender to be imprisoned , till the said forfeitures be fully satisfied and paid . and it is further enacted and declared , that all and every person or persons so offending as aforesaid , is , are and shall be uncapable of voting or giving his suffrage or consent in the choice or election of any officer or magistrate in the city of london or else where , within the common-wealth of england . and shall also be uncapable of the benefit of law from any courts of justice of this commonwealth , in any manner of plea whatsoever , between plaintiff and defendant , in or for any suit , plaint , bill , action , information , writ , demand , execution , or any other processe whatsoever , except onely in case of treason , felony , or breach of the peace and good behaviour . the observation on this penalty , for non-subscribing the engagement . the sum of the aforesaid penalty , amounting to thus much , that every person whatsoever , that subscribes not their engagement , is made an absolute out-lawed person , unable to help himself , or to be holpen by any , against any wrongs or injuries whatsoever , done to his person or estate , except as before , by them excepted . such a cruelty and tyranny as never was heard of in this kingdome , nor in any nation , or well governed state , or common-wealth in christendome ; especially to be enacted or executed upon any of their natives , or free denizens , though never so foul or hainous offenders ( much lesse upon their pious , peaceable and most honest people ) save onely among the antichristian romanists , against those whom they call and counted hereticks . wherefore since the saints godly party at westminster ( as they most audaciously and falsly call themselves ) and all the rest of their most hypocriticall adherents have been so bold thus to set up this dagon by gods ark , and their posts by gods posts , and so deceitfully to glory and triumph in their pretended providences and successes , ever since their , thus , setting up this dagon , the westminsterian engagement , in opposition to the nationall covenant . i shall here , now ( therefore ) give the godly and impartiall reader , divers most remarkable examples , and apparent demonstrations of gods evident and eminent wrath and indignation , expressed against them ever since their setting up their said dagon , in these most memorable and remarkable examples , following : twenty admirable examples of gods displeasure against subscribers of the engagement , and complices with the late power . . then consider , admire and wonder , that upon the very first day of the publication of the act for taking the engagement , which was january , . in the evening of that same day , did that most terrible and fearfull fire by gun-powder break forth at barkin-church , neer the tower of london , the like to which was never seen or heard of before , in or about the said city , in which were most suddenly blown up and destroyed above a hundred houses , and above . persons most lamentably kill'd and destroyed , and their carkases miserably torn in pieces ; among whom was lievtenant col. smith , one of sir hardress wallers chief sticklers , to pull the secluded members out of the house of commons in parliament . and was not this a most fearfull forerunner and heavy harbinger of the wofull effects of this their immediately following engagements . . one mr. mosty minister of in essex having taken the engagement ( and that in his own sense and limitations , to his best content , as he thought ) yet was immediately after so perplexed and distracted in his conscience , that he could neither preach nor pray , nor be at any quiet or peace within himself , till he had procured liberty to race out his name from under the engagement : whereunto he had subscribed it . . one col. russell , a great favourite and commissioner in the army , after his taking of the engagement , was so vexed and distracted in his soule , that he confessed to some of his religious friends ( himself also being lookt upon as a very religious gentleman ) that immediately upon his taking the engagement , he found by evident symptomes , that the devil took actuall possession of him , and made him desperately prone to commit any notorious villany whatsoever , even to the ravishing of his own maid-servant ; but afterward gave most eminent testimonies of his true repentance , and abhorrence of his taking of it . . one mr. edward fisher , a very tender consciencious christian , and godly citizen of london , in the old-baily , having taken the engagement , and though in his own sense and limitations ( as he thought to his full content ) yet presently after , being extreamly grieved and perplexed in spirit , for that he had done , therein laboured to alderman allen to have his name raced out , but could not be permitted , to the increase of his great grief ; and thereupon fell into great distresses and trouble of conscience , and into pyning and languishing sicknesse , caught a great fall in his house , which put his shoulder out , of what , and lying in continuall distresse and perplexity of spirit , complaining still of his taking the engagement : thus pining and languishing away , he shortly after died . . one mr. hall of st. needs in huntington-shire , having been a most eminent professor of religion , and extraordinarily gifted in prayer , and godly conference ; afterwards complying with the times , taking the engagement , and turning a great stickler with the army ; at last , turned a very so● in matters of religion ; and one night going forth of his house in an out-room hang'd himself , and there was found the next morning . . one mr. midgeley a school-master in ouldham neer manchester in lancaster-shire , having been an engager , and great prosecutor of his eminently godly minister , mr. constantine , and having been writing ( one night ) divers accusations , and such like papers against his said minister , whereunto he was hired by one mr. ashton a justice of peace of the same parish , and by diverse other eminent enemies of the said mr. constantine , because he would not take the engagement ; and they having paid the said mr. midgeley for his pains ; and he going home that night , there having been a great snow on the ground , and the weather very bitter cold , he was the next morning found dead in the snow , and onely his finger and thumb of his right-hand , eaten or bitten off from his hand . . also the aforesaid mr. james ashton of chadarton in the said parish of ouldham , once a desperate malignant in the first war against the parliament , but afterwards having made his peace , taken the engagement , and turned a great stickler for the present times ; was made a justice of peace , and became one of the aforesaid mr. constantine's greatest enemies , sequestred the said mr. constantine out of his living , and for the cause aforesaid , the refusing the engagement , imprisoned , and after banished him out of the county ; and after this , hearing that mr. constantine had preached twice or thrice in the country , he summoned him again to appear before him , intending to have punished him sorely for his presumption : but in the mean season , it pleased the lord to strike this mr. ashton ( who before had been a gentleman naturally very healthfull , and of a strong constitution of body ) into such a languishing sicknesse , as made him daily pine away ; so as no means or physick could help him , and ( which is most remarkable and fearfull ) before his death , he became so full of lice , continually , that all the shift and attendance that possible was used , could not cleanse him from this filthy vermine ; and thus either upon the day before or the day after mr. constantine's coming to ouldham , to make his personal appearance before him , the said mr. ashton thus miserably departed this life . . one mr. bray minister of michaels in lancashire , having once been a very zealous presbyterian to see too ; at last , for the gaining of an augmentation to his living , took the engagement , turned a great zealot for the independent faction , and immediately after , an order comming for the pulling down of the late kings arms in churches ; he was so hot therein , that he would needs ( as he did ) pull them down himself , and sent the boards , on which the kings arms were painted , home to his house , intending to have made a doore of them , to one of his rooms of his house ; but it pleased the lord presently to strike him with a sudden and violent sickness , whereof he presently dyed , and those boards were made his coffin to bury him in . . one sir thomas martin , knight of cambridge shire , an engager and a great complyer with the times , having been a hunting in holmby-park , and the deer being faln , stuck and opened , and he desired ( together with the other gentlemen ) to wash his hands in the deers blood ; no ( said he ) i had rather wash my hands in the blood of the young king of scots . and immediately after this , riding home the same day at evening , his horse very suddenly and violently threw him , in which fall , he pitch't on his head , mortally brake his skull , and shoulder , of which wounds he very shortly after died . . the constable of shaw in lancashire , four miles from manchester , having taken the engagement , was presently after so perplexed in conscience , that notwithstanding all the godly exhortations , and comforts administred unto him by godly neighbour ministers , yet the apprehension of gods wrath , for what he had done therein , so increased upon him , that he fell distracted , and so continued many weeks together . . also one m. rich. smith minister of stoke , prior in vvorcestershire , having taken the engagement for the procuring of an augmentation to his living , returning home from london after he had taken it , fell presently into such a frighting horrour of conscience and distraction of his senses , that he had oft endevoured to beat out his own brains ; but at last recovered his sences by gods great mercy repented bitterly of what he had done , and thereupon in peace departed this life in a sickneess which then took him . . dr. doris●aus , the westminsterians juncto's first embassadour , sent from them into holland , and therefore no doubt a great engager , and desperate complyer in all things with them , as in the kings death ; being arrived in holland , was therein immediately and suddenly assaulted and murthered as he sate at dinner in his house . . also mr. anthony ascham , a gentleman of excellent parts , being sent ( as the juncto's the embassador ) into spain , very shortly after his arrival there at madrid , was in his own house there suddenly and most furiously set upon and assaulted , by divers desperate english caviliers , and he and his interpreter was hen and there murthered . . collonel rainsborow , a mighty engager and prime stickler for the power at westminster , a desperate header of the levellers , & admiral of the navy at sea , was suddenly also assaultéd by a company of caviliers at pomfrait town in yorkshire in an inne , and there murthered by them . . mr. tho. hoyle , formerly lookt upon as a very pious and strictly religious gentleman , an alderman of york , and member of the parliament ; but afterward having taken the engagement even against his conscience , and turned a great complyer with them at westminster : not long after , it pleased the lord so to leave him to himself , that on the very same day moneth , that king charles was beheaded , yea as near as possible could be judged about the very same houre of that day this gentleman hang'd himself in his own house at westminster , and was found stark dead by his woeful wife when she came home , having been abroad that morning . . mr. shereman a citizen and silkman in pater-noster-row in london , who had formerly been lookt on as a godly and religious gentleman , had been a tryer and an elder in the presbyterian church government , a singular good friend to mr. love ; then his pastour ; but afterward he turning with the times took the engagement , and that in form of an oath , whereupon he was made a common council man , turn'd a desperate enemy , and hater of the said m. love , who shortly after being in his shop with his wife , as perfectly well as ever ever in his life , yet in the evening standing at his counter in his shop , and his wife close by him , he suddenly sunk down by her stark dead , and never spake one word after it . . also collonel ven a citizen of london , formerly a great professor of religion , and a long time mr. love's precious dear friend , and a member of the house of commons in parliament ; but being turned with the times , was a great engager and mighty stickler for , and with them at westminster ; yea , he proved afterwards a most bitter enemy to the presbyterian ministers of london , and upon occasion used those words against them , viz. they at vvestminster should never be at quiet , till they had provided a pair of shooes and a staffe for the turbulent presbyterian ministers of london , and banisht them out of the kingdom : but it pleased the lord , that on the very next day after that horrible abuse and banishment done to mr. jenkin then minister of christ-church london , in both sequestring him out of his said living , and banishing him out of the city , wherein this coll. ven had a hand also , and had most churlishly carried himself toward master jenkin in the committee even that day , whereon this godly minister was so censured , which was july the . . being thursday . it pleased the lord , i say , that master ven next friday following , july . and at night , this coll. going to bed , as perfectly well and in health , as ever in his life , and his wife lying by him , he fell asleep by her immediately , and slept soundly without any complaint of the least distemper , but the next morning about . of the clock his wife awaking , found him starke dead by her in the bed , never having made the least groan , or spoken one word to her since the day before . and thus god banished him first out of the land of the living . . one sir henry holcroft , why had formerly been a great professour of religion , and to see too a practiser of the power of godlynesse , but afterwards drew back and apostatized to the independent faction , took the engagement , and fell into great complyance with them , being a committee gentleman , and acting strenuously for them . but immediatly after this , it pleased the lord , that he fell into a sore disease , and much and often bleeding at his nose and mouth , and so continued all the time of his said sinful complyance with them , and at last fell into such fits of extreme bleedding , and strongly vomiting up even of gobbets of blood at his mouth , and flowing out of blood at his nose with such unstintable violence , that he most sadly departed this life , in one of the extreme fits thereof . . in august . barron rigby , a most desperate enemy to the presbyterians church discipline , as being a great independent together with baron yates , the two judges for the assizes then held at chalmsford in essex , two grand engagers ( as every one may know ) and deep complyers with the vvestminsterian power : they both being at chalimford , and hearing the assize sermon preach't before them , the godly ministers text being out of luke the . . give an account of thy stewardship , for thou maist be no longer steward . immediately after this sermon , it pleased the lord to strike judge rigby with present sickness , so as that they could not keep the assizes there , but were forced to adjourn it , promising and hoping to come again and finish it there , and went thence to croydon in surry to hold the assizes there ; but having begun to sit , both judge rigby his sickness so increased upon him , and the like sicknesse suddenly so assaulted judge yates also , and with such violent pain and great distemper upon them both , and also upon the high sheriffe of surry then present with them , who also was smitten with the same sicknesse , at that time that the assizes was enforced to cease there also , and they all three were speedily conveyed away thence to london , where they all three died immediatly after , even within a seven nights space , or thereabout , of a most violent pestilential fever ; and very many more of their clerks , officers , and attendants on the said assizes died also at the same time , ( as was generally , and most credibly informed and reported , and i my self know one captain hindely , one of judge rigby's chief clerks or officers ( who died at the same time ) immediately upon the very same time of these judges death . a most remarkable and fearful example of gods wrath upon engagers and sinful complyers with workers of iniquity . vvoe woe therefore to all apostatizing temporizers , and perfidious backsliders , heb. . . and as is further most evident in those scriptures , beneath following . . i shall conclude all with the memorable example of gods divine justice upon lockyer , an active agitator and leveller in the army , who had a principal hand in seising and bringing the king to his death , cried out , justice , justice , justice , openly against him , and spit in the kings face in vvestminster-hall as he was going to his tryal , before his condemnation , conducted him to the block ; and was shortly after condemned in a counsel of war by some of the kings own judges , and shot to death as a mutinier in pauls-church-yard london . also john lilburn's double tryal for his life ; soon after , a grand stickler against the house of lords : the proceedings against saxbey , syndercombe , and other levellers , who were chief instruments to bring the king to justice ; and the grand opposers of the house of lords : also the imprisonments and sufferings of m. g. harrison , collonel rich , collonel okey , lord grey of grooby , and others of the kings condemners , who were all engagers against the king and house of lords . may it not awaken the stupid seared consciences of all those now living , who had any hand in these tragedies and engagements against king and parliament , to bring them to speedy and sincere publick repentance for them ; lest they fall into the like terrors or judgements , as others that have so wilfully ingaged against king and house of lords ? postscript . unto this i shall onely add two quaeries . whether those persons that are living , that took upon themselves the name , stile , and title of the parliament of england , scotland and ireland , ( though by their writs by which they sate , they were but the fragments of the parliament of england only ) beheaded their lawful protestant king , banished his posterity , overturning our antient government it self , consisting of king , lords and commons , which constitution continued many hundreds of years , and was the best and fittest for these nations that could be , and brought the nation into such a labyrinth and confusion , by endevouring to set up an utopian common-wealth , a mere new-nothing ; vvhether the persons may not justly fear they may fall down quick into hell , or fall into the same exemplary terrors , judgements , and self executions with others , if they repent not for their abominations . . vvhether these men that set aside and repealed the oaths of supremacy and allegiance as unlawful oaths , which themselves took , or ought to take before they sate in the commons house ; and also the protestation , solemne league and covenant made in pursuance of them , and diametrically contrary to these oaths , to set up a new engagement , to which every one must subscribe to be true and faithful to their new common-wealth , without king or house of lords , bringing all english freemen into a new premunire , which thousands of our godly protestant ministers , gentry and freemen refused to take ; whether these men that can swallow all kind of oaths , though directly contrary one to the other ; neither reverence god or man , are fit persons to be trustees for the nation in this time of eminent danger , now the nation groans under so many oppressions and dangers . hebrewes . , , . it is impossible for those who were once enlightned , and have tasted of the heavenly gift , and were made partakers of the holy ghost , and have tasted the good word of god , and the powers of the world to come ; if they fall away , to renew them again to repentance ; seeing they crucifie to themselves the son of life afresh , and put him to an open shame . jude . . woe to them , for they have gone in the way of kain , and perished in the gainsaying of core . they are trees whose fruit is withered , twice dead and plucked up by the roots . finis . the oath of pacification, or, a forme of religious accomodation humbly proposed both to king and parliament : thereby, to set an end to the present miseries and broyles of this discomposed, almost ship-wrackt state. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the oath of pacification, or, a forme of religious accomodation humbly proposed both to king and parliament : thereby, to set an end to the present miseries and broyles of this discomposed, almost ship-wrackt state. parker, henry, - . england and wales. sovereign ( - : charles i). his maiesties declaration to all his loving subjects, after his victories over the lord fairfax and sr. william waller. [ ], p. printed for robert bostock ..., london : . reproduction of original in thomason collection, british library. eng waller, william, -- sir, ?- . fairfax, ferdinando fairfax, -- baron, - . england and wales. -- sovereign ( - : charles i). -- his maiesties declaration to all his loving subjects, after his victories over the lord fairfax and sr. william waller. great britain -- politics and government -- - . a r (wing p ). civilwar no the oath of pacification: or a forme of religious accomodation: humbly proposed both to king and parliament· thereby, to set an end to the p parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the oath of pacification : or a forme of religious accommodation : humbly proposed both to king and parliament . thereby , to set an end to the present miseries and broyles of this discomposed , almost ship-wrackt state . claudite , pastores , rivos , sat prata biberunt . shut , shut the sluces of this purple floud , the medowes have carous'd enough in bloud . london , printed for robert bostock , at the signe of the kings head in pauls church-yard . . the oath of pacification : or a religious forme of accommodation : humbly proposed both to the king and parliament , &c. the kings last declaration of iuly the thirtieth was published as an act of great grace to the subiect : and being issued immediately after his maiesties good successe , obtained against the lord fairfax , sir william waller , and colonell fines , it emblematized the king ( as some courtiers fansied ) with a victorious palme in one hand , and a peacefull olive in the other . neverthelesse , it appeares by the close of that declaration , that the intent of it was , to bring in men , money , plate , horses and armes , as well as to proclaime pardon , for it proclaimed pardon to no other persons , than such as should forthwith apply themselves to the king , nor on no other conditions than upon the bringing in of such like ayds , and supplies . the favour was not to bee extended to all , nor was it cloathed in the habit of a composition , or peaceable accommodation , it onely set to sale a pardon , and the price of that pardon was besides treacherous combination with the papists against the parliament , such money , such plate , such horses , &c. 't is true the rate of the purchase was left indefinite ; but it is well enough knowne that all such as have submitted to the king , and confessed a guilt of treason in themselves , and undertaken to redeem the same by new services have found their penances rigorous , and their ghostly fathers very hard to be satisfied . the effect therefore which that declaration had , was no other , as wee can perceive , but to put more courage into the lovers of parliaments , and to quicken all good men the more in the raising of new forces , and imbarking in harder adventures : and gods name be praised , who did not onely then give us such pious and manly resolutions , but hath also speeded & mercifully prospered our undertakings . the face of things is now changed : the earle of essex hath since that removed the kings terrible army from before gloucester , and after a bloudy day fought by newbury , is returned home victorious . sir william waller , and the earle of manchester are great in new hopes , and preparations , and the marquesse of newcastle is as fearefull to receive annoyance from the scots , as hopefull to doe any to the lord fairefax : wherefore it seemes to me , that if a faire way of accommodation were now tendred by the parliament , it would bee held as honourable , as seasonable : and it seems not impossible to propose such termes of pacification as may well stand with the honour of god , the safety of religion , the advantage of the king , the justice of the parliament , and the wishes of the people . the king hath divers times ( though not with any publike ceremony or solemnity ) applyed himselfe to satisfie his subjects by protesting innocence , and appealing to the judgement of almighty god ; but there hath been such generality in his expressions , and defect in his formes hitherto , that his subjects remaine yet unsatisfied . that which i shall therefore now undertake , with my utmost discretion and abilitie , is to demonstrate wherein the kings oathes have beene hitherto short , and of little securance , and how they may yet bee compleated , and made satisfying : i will in the first place set forth the forme of the oath , both as it is conceived in his majesties owne words , and as it is altered with my additions and suplements ; and then i will next addresse my selfe by way of reason , to give some account why it may bee admitted and entertained by either side . in the kings last declaration of iuly aforesaid , i find the forme of the kings vowes , and protestations to run in these very words . whereas almighty god , to whom all the secrets of my heart are open , knowes with what unwillingnesse and anguish of soule , i first submitted my selfe to the necessitie of taking up defensive armes . i having before with iustice and bounty to repaire my subjects former pressures , made excellent lawes for the preventing of the like , and offered further to adde any thing else for the establishment of the religion , lawes and liberty of the kingdome . and whereas in september , . in the head of my armie , ( not then great ) besides at other times i made voluntarily a protestation to defend and maintaine the true protestant religion , the just priviledges , and freedom of parliaments , and to govern by the lawes of the land , for whose defence onely that armie was raised , and hath beene since kept : and whereas there cannot bee a more seasonable time , to renew that protestation then now , when god hath vouchsafed mee so many victories . i doe therefore now declare to all the world , in the presence of almighty god , to whom i must give a strict account of all my professions , and protestations , that i am so farre from intending any alteration of the religion established , or from the least thought of invading the liberty and property of the subject , or violating the least priviledges of parliament . that i call god to witnesse , who covered my head in the day of battaile , that i desire from my soule , and shall alwayes use my utmost endevours , to advance and preserve the true protestant religion , and that the preservation of the liberty and property of the subject in due observation of the lawes of the land shall bee equally my care ; as the maintainance of my owne rights , i being desirous to governe onely by those good lawes . and i doe acknowledge the just priviledges of parliament , to be an essentiall part of those lawes , and will therefore most solemnly defend and observe them . ( to adde to the perfection of this oath , and to make it satisfying , i shall supply as followeth . ) and forasmuch as generall professions of maintaining of law , and doing justice , cannot end the present differences of this state , or secure us from the like hereafter ▪ but particular judgement must be given according to law and iustice , in the maine poynts now controverted betwixt us : and that iudgement which shall ever rule , and conclude both sides must not be expected from my breast , or any inferiour councell , but from the supream iudicatory of the kingdome : by the oath already taken , i further oblige my selfe , that i will ingeniously and with my utmost skill make strict inquirie what the supreame iudicatorie is , which in these grand disputes is to dispence law , and to arbitrate betwixt king , and subject : and the same being made knowne to mee by the best and most impartiall advice that can bee gotten , i will most intirely , and freely submit all my claimes and pretences to it , to be resolved and determined by it . i will not onely imploy my utmost power to remove all obstructions , and impeachments , which may obviate its proceedings , but i will vigorously concurre my selfe in all good expedients for speeding , and facilitating its finall awards . and lastly , since the safety and security of my subjects depends upon my good administration hereafter , aswell as for the present ▪ and upon the comportment of my substitutes and favourites , aswell as upon my owne , and that in matters ecclesiasticall , civill and millitarie , aswell as iudiciall : by the same oath that i have already taken , i againe ingage my selfe perpetually to tender the propagation of the same protestant religion , and the liberty and prosperity of the english nation , equally with my owne rights and royalties . and that the lives , liberties , consciences , or estates of my subiects may not be entrusted into the hands of such as are ill affected to them , i will exclude from my publike counsaile , and from all direct , and indirect power in state affaires , ( especially of a high nature ) all that are not of the protestant religion , of the british nation , of the masculine sex , all that are not generally reputed vertuous , and sworne to be faithfull servants to the state , aswell as to the court . in testimony also that i doe without all guile , equivocation , or mentall reservation ▪ sweare and vow these things in this reverent place , now that i am to receive this blessed sacrament before these lords and gentlemen here present , i doe beseech almighty god so to make these mysteries profitable to my soule , and this solemnity satisfying to my people , as i doe now cordially and sincerely transact this for an assurance , and not for a snare to them , if i doe not in my soule purpose to fulfill the tenor of this oath to my lives end ▪ and in pursuance thereof , ever to oppose the introduction of romish superstition into this church , and the french arbitrary royalty into this state , let this venerable flesh and bloud prove mortall to me , let this imprecation testifie against me ; let god blot out his royall vnction upon me , and let my subjects justly , and by this my owne dispensation withdraw obedience from me . these two conditionall clauses i humbly present , as necessary either to explaine what the king had sworne before , or to discover what the king intended before : for if this oath ( as it is now framed ) bee accepted , it will let us know how farre we were secured formerly : and if it be rejected , it will be an advertisement to us , what little security we are to expect hereafter . the solemne and sanctimonious manner of taking this oath , will next much conduce to the satisfying of the people ; for paper oathes , as they are mingled with other matters in declarations are not so authenticall with the phlebeians , and we should seeme lesse religious than our ancestors were , in times of more blindnesse , if wee should not observe a great deale of holy state in a businesse of this transcendant , and more than secular nature . the last cautionarie advertisement that i shall humbly tender withall , is , that an oath may be also administred to the queen , and to all suspected papists , aliens , &c. to the restraining of them from all intermedling in matters of our church , or state , and from attempting any thing mediately , or immediately , directly , or indirectly against the peace of this kingdome . by this meanes , with some more perfect alterations ▪ or provisions , under favour i conceive our greatest feares might be qualified , and our most desperate maladies asswaged , if not cured : but i know some objections will be alledged on the kings part , why hee ought not to make this oath , and on the parliaments why they ought not to take it ? let mee have a little favour to say something herein . oathes have beene ever honourable , and sacramentall obligations , such as god himselfe hath not ▪ disdained to use ▪ for the taking away of doubt and distrust in man , and such as hee hath prescribed to men for the composing of differences sometimes , aswell betwixt publike as private persons . but in this contestation betwixt the king and parliament , though both sides have sundrie times had recourse to oathes and invocations of gods name , and more especially the king , yet that pacification and amicable accommodation , which might have beene hoped therefrom , hath not been concluded and consummated . and i conceive there are two reasons why the kings protestations have not been so effectuall , and available , as was intended they should . first , because there is great uncertainty , and dispute in that which the kings oathes principally take for their subject or matter . secondly , because the king seemes totally mistaken in the end of his oathes , or rather in those feares and iealousies of ours , which his oathes endeavour to remove . first , the king by his imprications would assure us that hee intends no ill to religion , law , or liberty , as they are established in england ; but our maine strife and controversie here is how religion , law , and libertie are established in such and such poynts , and who shall judge of that establishment : wherefore to decide that controversie and attone this strife , no generall oath of the king can bee held sufficient . in private suits betwixt subject and subject , the law permits nor the king to judge , much lesse does it stand to the kings judgement , when the sute is betwixt a subject and the king himselfe ; and least of all does it rest upon the kings determination , when the king is a partie of one side , and the whole kingdome on the other . neverthelesse , in this our present grand debate , the king sweares in generall to doe justice , and yet what that justice is , which is to bee done , hee himselfe is ignorant ; nay the greatest of our profest lawyers adventure not to determine , ( they have great divisions , and contesttions amongst themselves about it ) although all unanimously affirme , that the king quatenus a partie , and quatenus a lay-man , is of all men most incompetent for the determination thereof . when the kingdome groaned heretofore under the oppression of the shipscot , and divers other taxes utterly inconsistent with the subjects libertie , the king intended no violation of the subjects libertie . he had sworne , or might have sworne then in generall termes the same thing , with the same safetie as he sweares now . so if the like dispute arise hereafter , of the like difficultie , about some other branch of prerogative ( for prerogative is not made now more knowne , but more unknowne of late ) there is no hindrance but the king may treat us as he did then indeeds , yet protest as hee does now in words . the like may bee said of religion , the king intends no alteration of religion , and expects that wee should acquiesce in that profession of his , and yet wee feare he judges of alteration therein by his bishops , who ayme at nothing more than innovations , wherefore this can be no ground of confidence in us , because ▪ the king in his owne understanding , may both make and keep such an oath , yet poperie shall still prevaile , and protestanisme decline , as it hath done hitherto . 't is far then from being a security , 't is rather a danger to a state to depend on a princes generall oaths , when these oathes depend upon his meere understanding , forasmuch as law does not direct us to the kings breast , as our sole and supreame tribunall , but rather dehorts us from the same , as most of all to be distrusted : this is a dilemma not to be excepted against : either the king relyes upon his owne knowledge and judgement , concerning alterations in law , &c. when hee abjures them ; or not : if hee does undertake to know , and judge of all alterations , and of all differences raised thereupon in church , and state , betwixt himselfe and his subjects , then is our government meerely arbitrarie ; more arbitrarie than the french ; then are his edicts and acts of state our best arrests , and acts of parliement ; then does our law , and religion , import no more to us , than his meere pleasure . let it but bee maintained , that wee must expect satisfaction , and decision from the kings breast , where poperie and protestanisme , where prerogative and libertie confine , and border one upon the other ; and let the maine secrets and quaeries of law bee subjected to the kings cognizance , and and for my part , i shall ever conceive , that enacted law , and publike right , are nothing else but royall pleasure , and one single mans fansie , or humour ; but on the other side , if the king doe presuppose himselfe an incompetent judge , and as lyable to grosse misakes , and dangerous deviations in law , and religion , as hee hath beene formerly , when wee were almost at an utter losse in both ; if hee will acknowledge that there may bee as intricate controversies , and as undeterminable debates betwixt him and his subjects hereafter , as have beene formerly , and as now are at this instant , then all that wee can hope for from his oathes , is but this , that wee shall bee as much distracted hereafter , and as remedilessely torne and divided with dissentions , as wee were formerly , or are now : all our assurance is , wee shall bee permitted to remaine and continue in the condition as we were , and as wee ( which makes his oaths of no effect ) now are . secondly , the next reason why the king renouncing by oath all alterations in law and religion , does not put us out of all our feares , is , because hee alwayes sweares for himselfe , not his favourites and councellors ; and yet our feares have more respect to his favourites than ▪ to himselfe . and so notwithstanding the security which his oathes gives against any ill intentions , or machichinations from himselfe , wee still remaine exposed to ruine , by the ill intentions , and machinations of such as have a great sway in his counsaile , and affections , he himselfe perhaps being neither privie nor confenting thereunto . the king favours not the irish rebellion , yet such as were the favourers , nay the plotters , and actors in it find favour , and receive power from the king : and what difference is it to us , whether wee perish by the kings hand immediately , or by his favourites mediately ; by the kings owne accord directly , or by his onely permission indirectly ? ireland hath seene more than two hundred thousand families of brittish protestants dispeopled and massacred by treacherous papists , ( notwithstanning that all this deluge of bloud might have beene prevented by the kings timely foresight and care ) and england is now falling into the same desolation by the same faction , and yet the king is so farre from withdrawing favour or power from papists and their accomplices , that hee puts more armes into their hands here , and holds further correspondence with them abroad : how can wee then but seeme as stocks , or more stupid than beasts , if we now expect no assurance but an oath , and include none in that oath but the king ? eli was a good man , but an ill majestrate , hee knew better how to moderate his owne affections , than to bridle the insolencies of such as were subordinate to him ; insomuch , that that good which hee did by himselfe was farre out-poized by that evill which hee permitted in others , and his lenity to his children became crueltie to the people . some men are much mistaken , if there bee not something of eli in our kings disposition , for though hee bee esteemed inflexible by such as hee hath once judged adverse to his ends , yet hee is much too ductile by those who have once gotten prepossession in his good thoughts . wherefore if his majestie seriously desires to put us into a condition of securitie , ( which is the onely remedy of our present distempers ) hee must rather provide for our indemnitie by protesting against connivence at evill in his substitutes , than doing evill in his own person . for he himselfe may be as guiltlesse privately as eli was , and yet in publke wee his subjects may live as miserably under his popish councellors , as the children of israel did under hophni and phineas . the law sayes the king can doe no wrong , and out of its civilitie it imputes all miscatriages in government to inferiour agents : but policy teaches us , that though a prince in law bee not questionable for it , yet in nature hee is strangely blameable , and deeply chargeable , when bee makes an ill choyce of inferiour agents . in law , it was the blame of rehoboam's young councellors , that so unpolitick , and unworthy a disgust was given to the great and honourable state of israel : and it was great pitty that they did not suffer for it : but it was rehoboams blame in policie , that hee would chuse young conncellors , and hee himselfe was the greatest loser by it . the wisedome of solomon would direct him to make use of that wisedome which is seldome to bee found but in hoarie heads , but the more foolish rehoboam is , the more solicitous hee will bee to finde out vaine consorts , fit onely to comply with his owne folly . had there been any particular good which rehoboam might have attained too by the prejudice of his subjects : the old councellors in probabilitie would have advised him to it ▪ for they seemed to take more care of the king than of the people , ( as they had done in their old masters dayes , to the danger of the nex successor ) but such is the temeritie of these green headed statists , that they neyther ayme at the good of the people , nor of the king : they seemed to imagine , that it was a sufficient recommendation of a thing to a prince , to represent it as disadvantagious to the people , and in this they ▪ failed not to please their rash lord , who was so farre from giving satisfaction to the people , as that hee thought it profitable to him to purchase their displeasure , though with the imminent hazard of his owne crowne ; wherefore it does not seeme so probable , that rehoboham did take preposterous courses , because hee hapned upon preposterous counsellors , as that hee did chuse preposterous councellors , because he did affectedly addict himselfe to preposterous courses . and when the main fault was in his will , rather then his understanding , 't was easie for him to erre in the most fundamentall point of all politicks , and to place his own peculiar good , rather in the publike disprofit , then in the benefit of his subjects . machiavell had never past for a wise man , had not all his subtill grounds tended to the pursuing of that advantage of kings , which consists in the peoples disadvantage ; and yet nothing can be more contrary to wisdome , or more repugnant to the principles of solid policie , then this very doctrine ; and without doubt , no wise man will seek to excuse him of sottish folly , but by accusing him of pernitious flattery ; for if he did not wilfully betray princes , as perhaps rehoboams councellors did , surely he did but publish to the world , the sickly conceptions of his own narrow heart . the vast businesse of government , especially where the nation is great , or where many nations are united , is not to be trans-acted by any one man : where one man commands in chiefe , the most sublime office of government is attributed to him , but the greatest burthen , and most important charge must rest upon the shoulders of thousands , as well in monarchies ▪ as in democrasies , or else great obstructions will follow . when the jews were but few in number , and mean of condition in the wildernesse , moses found the rule of them insupportable without many assistants , he was driven to follow iethroes counsell , as well to preserve himselfe from being crush'd under too great a weight , as to open the course of iustice to the israelites . that part of government , which is most extensive , and laborious , which requires not onely most activity , but most skill in many severall arts , and sciences must be undergone , and managed by multitudes of agents , and in monarchies , these agents are more subject to one mans will , in democracies lesse ; but that part of government which is supream , and may be concentred in one man , is more facile and narrow , and many times 't is best discharged , when that one man leaves most to his substitutes , and assumes least to himself . henry the third ruled better in his minority , when the highest acts of his royall superintending power were exercised by his servants , then in his ▪ maturity , when hee would arbitrarily straine his superintending power , to the over-ruling of his good councellors , and preferring of bad . the greatest honour of princes ▪ is to be wise , and the greatest wisedome of princes is , to chuse fit instruments , and this choice cannot be without publike advice , yet weake princes relish no honour in any thing , but in enjoying their own wills , and their wills they conceive then to be most gloriously fulfilled , when they please themselves by displeasing their subjects , when in their elections of counsellors and favourites , the state has no share at all , but is rather crossed , and opposed . was gaveston so deere to edward the second , because he was a good patriot ? no , if he had been such , it had been a vulgar thing in edward to uphold him , the power of a great prince is more eminent in chusing instruments for his own wicked pleasure , and then to uphold them , when whole nations seeke to teare them from their masters bosoms . t' is not so kingly to be regulated by wisdome of parliaments , as to doe acts of meere will ; nor to concurre with the publicke suffrages of a state , in the promoting of good men , as to reject the prayers , & teares and cryes of communities in the defending of incendiaries , nor to aime at the safetie , and prosperity of the people , as to compasse private designes utterly opposite thereunto . that royalty which proposes to it self the flourishing condition of the subject as it 's best establishment : has more regard to the deputation of worthy officers in state , then to any other perticular interest : but since flatterers have found out an other royalty which proposes to it self common servility for the truest basis of it 's grand our ; he which can invent any thing for the subject below woodden shooes , and canvas breeches is a rare polititian , to be valued equally with a princes life , honour and prosperity . why was the price of strafford of greater esteeme then the peace of three kingdoms ? because he was a minister better affected to this new royalty then the severall states of the three severall nations : because he was devoted not only to serve the king more then the kingdome , but even against the kingdome : because if he could not add to the kings publicke puissance by adding to the states wealth and honour , yet he could adde to the kings private splendor , by depressing the states wealth , and honour . if the king did professe that he ought to look upon the community as having ends contrary to his true soveraignty , and the happinesse thereof , as inconsistent with his legall prerogative , then it were just and reasonable that he did imbrace no ministers , but such as were odious to the people , nor pursue no ends but such as were distructive to common liberty . but since his professions and oathes look an other way , t' is most wonderfull that in delegating of officers military iudiciall , &c. he should so far abhor parliamentary advice , and approbation , and prefer all the miseries of this bloudy warre before it : fot it were better for us that parliamentary advice , and approbation were rejected in all other things , then in the placeing of publicke ministers , upon whose rule the welfare of the state more depends then upon any other act of royalty it self ▪ if we are not utterly mistaken in point of law , the great officers of the chancery , admiralty , treasury and others , that are more properly the kingdomes , then the kings ministers , are to be chosen in parliament : and if the law in speciall terms were not such , yet by generall intendment of law all arduous affaires of generall and great importance are to be transacted by the common counsell of the land . now wee well know , that the chusing of publick officers under good kings , which will not chuse a misse , is not of so generall , and great importance , as it is under perverted princes , who will chuse none but such as shall imploy all their abilities and endowments against the state , and to the disservice of the people ; lawyers and devines seldome distinguish rightly betwixt that power of the king which is invested in him by absolute donation , and that which is meerely fiduciary . neither doe they distinguish betwixt that power which is originally intrusted to the king , by the fundamentall constitution of this kingdome , and that which is occasionally by intermission or non-user left to the king at such or such times upon speciall confidence of his goodnesse . but policy must needs teach us , that no state can be long safe where all kings are equally trusted , and enabled , where the same king shall injoy that for ever as apperteyning to his undoubted prerogative , which at any one time he has gayned , or wrested from the people by his owne fraud , or force ; or perhaps by the peoples negligence , or indulgence to his wise predecessors . without all question , many smaller matters are intrusted to the kings meere discretion , but yet quateus smaller matters onely . whereas if the same things become greater matters , as they may , then the peoples right is not to be prejudged , because the law of publicke safety is above all lawes of prerogative , or any other laws whatsoever . for example , if j. s. be to cutt of the intayle of his land in parliament ; the king by his negative voice may oppose him at his pleasure : but if judgement be to be given against such a notorious traitour t' is otherwise ; and yet even such a iudgment too is not alwayes alike : for in times of great distresse it cannot be retarded , interrupted , or denied ; because of the extreāc hazard to the state , & in such case the king has lesse colour to pretend to a negative voice then at other times of more security : for as that which is of greater concernment , is not so much within the kings power as that which is of lesser , so that which is of lesser concernment at one time in one respect , is of greater at an other time in an other respect . and if lawyers find not these distinctions in their reports , and yeare books , or if devines find them not in the old fathers , or in their cannons of the church , they must not forbid other men that studie the intrinsecall rules of state , to make use of more generall knowledge , then that which their bookes afford . the bishop of armach has declared himself in point of iudgement against the parliament ; i shall onely demand of him whether he thinks himselfe wiser then the lawes of england , or whether he thinks himselfe wiser in the lawes of england then the maior part of both houses in parliament . one of these he must affirme . master holborne his iudgement does not concurre with the parliaments in such a point of law . i should demand of him , whether law must needs observe one rule in all cases of publicke and of private moments or whether we are restrained from all equitable distinctions , and interpretations except such as we find in fitz herbert , cooke and plowden ? or whether his or the parliaments resolution herein be more authenticall ? surely t' were in vaine to trouble all our counties , cities , and burroughs with such ludibrious elections , if some one bishop or one barrister could declare law better then those which enacted it , or enact law better then those for whom all law was ordayned . the kingdome it self taken in it 's diffusive body cannot convene in any one place , nor fix upon any one certane resolution , otherwise in all extraordinary cases , and iudgements , the finall decision ought to proceed from thence , therefore it must be formed into such an artificiall body as is fitt to convene , and to deliberate . and being so formed , it has in it all the persection , and excellence of the defusive body . t is true , the king may be held a representative of the people in ordinary cases , for avoiding of a more troublesome convention , but in extraordinary cases when such a convention is necessary , the parliament is the onely true representative , and congregated to the king for more perfection sake , or else it were vainly congregated . and because the people cannot be congregated at all , much lesse in any more perfect forme then in a parliament , therefore the peoples utmost perfection is truly residing in the parliament . let not then any private man , let not the king himselfe undertake to define how far regall power shall extend in iudiciall or military affaires ( as such a perticular position of things may happen , and according to all emergences ) better then the representative body of the kingdome , which in no respect ought to be held any other thing then the whole kingdome it self : much lesse let it be held against law , or disparagable to the king , to hearken to his parliament , in the choice of state officers , when so great a flux of protestant english bloud is to be stanched thereby . if the king would exempt us from fear , and therefore swears that he may exempt us , and yet will neither suffer us to chuse confidents for him , nor swear for such as he himself shall chuse , when our fears are chiefly grounded upon them , either his intentions will seeme fraudulent , or his oathes nugatory ; besides our fears now cause us to look upon our enemies not meerely as men that have a power in the kings ▪ affections , but as men that are likely to have a power over the kings armes , and when the king perhaps may want protection for himself ( if some timely prevention be not used , ) how will he be able to protect us ? t' is possible for an army composed of papists , strangers and those of the mercenary trade of war , not onely to awe us , but such also as first raysed them against us . absolute empire ends not ( as is expected ) in the freedome , but in the servitude of him , which sores to the highest pich of it . if the pretorian legions set caesars foot upon the senates neck , they will so far set their owne feet upon caesars neck , as to sell the empire when they please , and to whom they please ; a hundred nations remaine in bondage to one grand signior by meanes of the janizaries , and yet those janizaries retaine to themselves a supream controll over the grand signior himself . the french king inioyes an arbitrary prerogative more intirely , and more cheape then any prince that i have read of , because he neither relyes meerely upon an army , nor meerely upon the noblesse of that state whereby to oppresse the pesantry , but very subtilly he so makes use of both , as that he is totally ingaged to neither . but that crowne has not of late suffered any violent shock , or concussion , if ever it does , that frame of government will soone be shattered , and the great body of the community will gaine a party either amongst the noblesse or the souldiary . when marquesse hartford first strained himself , to bring in forces for prince rupert he did not perhaps intend to make prince rupert so imperious over himself , & over all our english nobility , as he is now growne . neither did sir ralph hopton thinke by all his meritorious services to gaine such a rivall to himselfe , and to all the gentry of england , as captaine leg. but now i feare they are subject to more unlimitable lords in the campe , then ever they stomached in the parliament . i pray god the king himselfe do not finde the like . his majestie needs no forraine discovery by sir william boswells letters , to advertise him of dangers , and conspiracies against his sacred person , the designes of the jesuites ( if they prosper , as by favour at court they are likely ) can never end but in the ruine of himselfe , or of the religion which he professes , there need to be no strange intelligencer to informe his majestie of this . we may then knit up this point in a more short discourse : somtimes princes are voluntarily in bondage to their owne creatures , as themistocles was , who whilest he over-ruled all athens , and athens over-ruled all greece , yet he was himselfe over-ruled by his wife , and his wife was over-ruled by her son : but this kinde of bondage is commonly more comicall . at other times , princes stand ingaged to the factions and forces by which their dominions were atchieved , and must be supported , and this kinde of engagement uses to be often very tragicall ; as the old stories of the romane emperours , and the moderne stories of the turkish sultans , and of sundry other insolent usurpers in other nations do sufficiently testifie . it behooves princes therefore , as well for their subjects , as their owne sakes , to avoid either of these servile conditions : let them not impose too heavie a yoke upon their subjects , and they shall neither have cause , nor disposition to receive any other yoke upon themselves . but though these additionall causes are free from exception in themselves , yet as the case now stands , and as the kings successe of late hath been , some men may cavill perhaps , and oppose the taking of this oath at this time . i shall reply little herein ▪ for it appears , as i conceive , that this oath , as it is now formed , does but open and explain the same intention which the king had , or ought to have had in the other : and therefore without great imputation , and suspicion this forme cannot be refused . i shall onely supplicate his majestie , that he will please yet more solicitously , and intentively , to review and research the true state of this transcendent case , and to come to a more equall impartiall debate about it , as well with other men , as with his own conscience : let it be his majesties care to hear whatsoever can be inforced by reason from any person whatsoever , let him put the case all maner of ways , & take a just consideration , in what condition he remains , if his cause be just , or if it be unjust , or if it be dubious , or partly just , and partly unjust ; if he does not cast thus about in spight of all prejudice , and take in all suppositions from all sides , as the fatality of this controversie now stands , no excuse will be large enough to cover him from the condemnation of god or man . we will first suppose his majesties cause to be just ▪ that he has onely the defensive part , and is necessitated to fight , and that the parliament as yet hath offered no terms of accommodation to him , but such as are more unjust , then all the plagues of this calamitous war . this , so being supposed , makes him innocent , but yet most unfortunate , it makes him the first man that ever fortune pickt out to ingage in such a wretched destruction of men and treasure without blame . amongst all his ancestors there will not appear , upon search , one of them who was just , and maintained a just cause ▪ and yet met with such generall opposition from his subjects , much lesse from the lords and commons assembled in parliament : how triviall soever the kings side account this , there was not ever a worse prodigie in the world to amaze any state , then this is , if it be true that the orderly presentative body of this nation , has , causlesly , and unnaturally , risen up against their righteous king to pursue him so far , as ours now is . it is not to be denied , but that some parliaments have done some unjust things , when they have been wrought upon by the force or fraud of princes ; but no example can be shewed , that ever any parliament did such an unjust thing as this , contrary to all motives and influences of a gracious and religious prince . some of the kings party have argued thus ▪ if parliaments may erre when they are perfect , having the concurrence of the royall state with them , much more may they erre when the royall state recedes from them , &c. but this i hold a grand mistake , for if i have any reason to make a right use of story , parliaments are represented to me never lesse liable to error , then when they receive least impressions from the king . with what regret then ought the king to look upon this unprecedented dysaster ? certainly , if he look upon us with a naturall eye , under such unparalleled sufferings , or upon himselfe with a pious eye , under such an unequalled affliction , it cannot but administer thoughts of horrour to him . bonus pastor ponit vitam pro ovibus , so said that prince of peace , in whom onely there was no sin , and in whose flock , joyntly , and severally taken , there was nothing else but ●in , and yet his death sealed as much as his mouth affirmed . moses seemed to preferre the well-fare of the obstinate jews , not onely before all his temporall interests , but also before his eternall diadem in heaven ; and saint paul seemed to be rapt up with a species of the same zeale . the passions of some heathen and hereticall princes towards their liege subjects , have been almost above the pitch of humanity : with what a strange kinde of hypochondriacall frenzie did augustus caesar cry out , redde mihi legiones vare ? if the bloud of his subjects had been drawn forcibly out of his own dearest veins , it could not have parted from him with a stronger resentment . how did our queen mary ▪ even to the death , deplore the losse of one town in picardie ? with what strange instruments did griefe make incision in her heart , whilest it would in grave the name of callice there ? the losse of all kings in all wars uses to be very dolorous , but native kings in civil wars , when they look upon such vast desolation , as is now to be seen in england and ireland , must needs think that their own interest , their own honour , their own saftie is of lesse consequence . we will now suppose the kings cause to be unjust , that the parliament has had none but loyall intentions towards him , and his royall dignity , nor has attempted any thing but to defend religion against the papists , the lawes of the land against delinquents , and the priviledges of both houses against malignants : and on the contrary we will suppose that that private councell which the king has followed rather then his publike one , has aimed at the arbitrary rule of france , and to effect the same has countenanced popery , and but pretended danger onely from the parliament , from the city of london , and from the best affected of the whole kingdom . qui supponit , non ponit : we will not assume , but presume onely that the great councell of the land is in the right rather then the king , and his clandestine councell ; but see what will follow upon this supposition , if it prove to be true , as it is neither impossible , nor improbable ; if this be true , what a formidable day is that to be , wherein the king shall render a strict account for all the english protestant blood which ha's been issued out , and is to be yet issued out in this wicked unnaturall quarrell ? manasseh which filled jerusalem with blood , and made the kennells thereof flow with the precious blood of saints , could not contract so black a guilt , as he that imbrues two large kingdomes with blood , and that with the blood of the best reformed professors of our saviours gospell . that blood of protestants which has been shed by papists , as in the parisian massacre ; that blood of christians which has been shed by infidells , as in turkie ; that blood of saints which ha's been shed by hereticks , as in the arian emperors dayes ; that blood of strangers which ha's been shed by conquering usurpers , as in peru of late , may admit of some colour , or excuse as to some degree of hainousnesse , and may plead for some kinde of expiation , but this is beyond all thought or expression : the goodly kingdom of ireland is almost converted into a golgotha , and the more goodly kingdom of england is hasting to a worse point of desolation : it must needs be therefore , that he to whose cruelty and injustice so much confusion shal be imputed , must be perpetually abominated as a plague of humane kinde more monstrous , and portentuous then any age formerly had the strength to produce . the ripping up of a mothers womb , the firing of such a metropolis as rome was , were but straines of vulgar , narrow-hearted cruelty ; antichrist himself may own the depopulation , and vastation of our brittish ilands , as acts worthy of his dying fury . but it remaines now in the last place that we suppose some doubt to be in the case , or some mixture of injustice in some circumstances : as that , though the king incline not at all to popery himselfe , yet he has favoured ▪ and enabled papists too farre to do mischiefe ; and though he cannot with safety cast himselfe wholly upon the fidelity of the parliament : yet he has no cause utterly to reject their consent , and approbation in the filling up of all places of publike power and trust as the emergent necessity of the times now is , nor to persist in this all-consuming war , rather then to condescend to an accommodation of that nature ; if we lay down but this for supposed , we must needs conclude that the king ha's not punctually and duly discharged his office , so as that he can clearly acquit , and absolve himselfe before god of this lamentable effusion of christian blood : for there must not onely be a perspicuous justice in the cause , but an absolute necessity of the war , when kings take up the sword against such a considerable number of their subjects as our king now fights against . though the cause may be just , yet the war is not lawfull where the miserable consequences of it do too far out-ballance the iniquity of the conditions offered , and proposed by the assailed partie ; wherefore if the meere and cleere justice of a cause cannot alwayes wipe off guilt , how shall he be purged from offence , whose cause is not totally just , nor undeniably evident in a war of this nature ? if the king does not apparently fight for antichrist , yet t is most apparent that antichrist does fight for the king , the whole hierarchy ha's declared their ingagement by publishing bulls , & by sending supplies into ireland , & england out of severall popish countries : on the other side if the earl of essex does not apparently fight for christ , yet it seems very probable that christ fights for him , for our great armies within the circle of this last year have four times met , and stil the kings side hath gone off with losse and disadvantage . redding being begirt with his excellencies forces , all his majesties power could not relieve it , yet glocester being begirt by his majesties forces , his excellency found meanes to relieve it . and as for edge-hill and newbery , though neither side was totally routed , yet the mastery of the field was left to his excellency , and had not fraud done better service to the king then force , scarce any other encounters in other parts had been prosperous to his popish armies . these things seem to make the kings cause at least dubious , for it were strange if in these latter dayes christ and antichrist should be so far reconciled in any one cause as to unite their battailes in the same expedition , or to pitch their tents in the same field ; and grant any doubt in this case , and the king can never be capable of justification in prosecuting it so far with fire and sword ; for the king has already sworne to uphold and preserve in their intire vigor the lawes of the land , and the priviledges of parliament , and we cannot deny but even this doubt might be decided by the lawes in parliament , or by some other judicatory out of parliament , if the king would referre it to such a decision ; if the king will admit of no judicatory to determine this matter , what are all our laws , and priviledges worth ? if he will admit of one , but doubts what it is , and will not be resolved by his parliament in that doubt , what will all his oathes profit us , what will all his deep professions of favour to our laws and priviledges stand us in stead ? all those suppositions severally or joyntly make it manifest , that this war , if it can be ended by a just oath on the kings side , not at all departing from the sense , and intent of his former oaths , or from the nature of his kingly office , will charge all these inexpiable mischiefes upon him , if it be refused : nay , when the king is not certaine of victory , and yet hath by so many dreadfull oathes debarred himself from all advantages by victory , if this devouring war ( wherein so much losse is , and no gaine at all to countervaile it ) be still protracted , and preferred before a composition of this nature , future ages must needs suspect , that love of ruine , and distraction , and a perfect hatred to the very nature , and being of man was the execrable cause of it : to recommend this methode of pacification to the king , i shall say no more , and to recommend it now to the parliament , very little will be fit to be said , in regard that kings are more devoyd of counsaile , then parliaments ; i shall thus onely contract my selfe . if we have respect to almighty god , an appeale to him by oath , is not lesse beseeming christianity then an appeale by sword ; for ought i can understand , this is rather a way of ingaging divine justice , then of disingaging it , if we may be permitted to use such a word . if we have respect to the king , no course can better save his honour or oblige his justice then this . if we have respect to the parliament , no other argument can more clearly vindicate their innocency and loyalty then this . if we have respect to precedents , this is a transaction of state exceeding ancient . if we have respect to the present occasion , our affaires are now in a condition so good , that fear cannot be upbraided to us , and the summer is so far spent , and our successe hath hitherto been so equilibrious , that we have no reason to presume . if we have respect to the future , as the armies may disband without turmoile , so we may all meet and incorporate again by this meanes upon more equall and friendly termes then by any other . the old word of command ( as you were ) will reduce us to that posture , in which the beginning of this parliament found us ; and then if the king observe this oath , he will incline to favour a due reformation , and consequently decline those rocks upon which he ha's of late unpolitickly both cast himself , and the state ; if he observe it not , no new advantage will accrue to him by this disbanding of both armies , but perhaps disadvantages , rather ; and certainly he will neither ingratiate himselfe with god nor man by temerating such a sacred paction . the cause of all our miseries is meer obstruction of justice , and such obstruction as nothing could worke but the utmost power of a king : now for the opening of obstructions , this oath , if it be kept unviolated , is as effectuall as any other expedient whatsoever ; and we may hope that it will be kept . but soft , i crave pardon for saying so much , or insisting upon any inducements at all , for i know both scots and english are now interessed herein , and i represent these things to the supreame wisdom of two the most religious kingdomes in the world . finis . by the king and queen, a proclamation declaring the parliament shall be prorogued until the five and twentieth day of october next. england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation declaring the parliament shall be prorogued until the five and twentieth day of october next. england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb decease'd ..., london : . "given at our court at whitehall the sixth day of september, in the sixth yea of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qui mal y pense royal blazon or coat of arms by the king and queen , a proclamation , declaring the parliament shall be prorogued until the five and twentieth day of october next . marie r. whereas this present parliament stands prorogued to the eighteenth day of this instant september , we , by the advice of our privy council , for weighty reasons vs especially moving , do hereby publish and declare our royal pleasure , that the same parliament shall upon the said eighteenth day of september , be further prorogued unto the five and twentieth day of october next ; whereof the lords spiritual and temporal , and the knights , citizens and burgesses of the house of commons , and all others whom it may concern , may hereby take notice : we letting them know , that we will not at the said eighteenth day of this instant september , expect the attendance of any , but such as being in and about our cities of london and westminster , may attend the making of the said prorogation , in such manner as heretofore in like cases hath been accustomed . given at our court at whitehall the sixth day of september , . in the sixth year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd , printers to the king and queens most excellent majesties . the acts and monuments of our late parliament, or, a collection of the acts, orders, votes, and resolves that hath passed in the house by j. canne intelligencer generall. butler, samuel, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the acts and monuments of our late parliament, or, a collection of the acts, orders, votes, and resolves that hath passed in the house by j. canne intelligencer generall. butler, samuel, - . [ ], p. [s.n.], london : . a satire. formerly wing b , number changed in cd-rom ( ) to a a. reproduction of original in harvard university libraries. item incorrectly listed in reel guide at : eng england and wales. -- parliament -- anecdotes a r (wing b ). civilwar no the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed in the house. by j [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the acts and monuments of our late parliament : or , a collection of the acts , orders , votes , and resolves that hath passed in the hovse . by i. canne intelligencer generall . london : printed according to order , . an advertisement to the reader . reader , thou art desired to take notice of the last order of parliament in this book mentioned , whereby i am enjoyned upon my oath to discover onely things tollerable and agreable to the practice formerly of the long parliament ; now the lands be sold , offices disposed of , and their own turnes satisfied , and they turned out ; i shall acquaint you further : for it is a maxime here , that if i sweare to be faithfull to another , if that other hath the worse of it ; i am not bound by this oath ; and this is the opinion of all reformed divines , and to my knowledge hath been put in practice for these years ; so that being now discharged of that oath , i shall hereafter discharge a good conscience ; and set forth an history of rare things . these are not an ace to them i have in my budget , farewell , i. canne : the acts and monvments of our late parliament . may th . . this day their small assembly was resolved into a grand committee , to debate what the house should be called in ordinary proceedings . lenthall . it shall be called the new-exchange . vane . it shall be called the house of prayer . hasilrig . it shall be called a gaole , for i see martin and other gaole-birds here . lowry . it shall be called naberden . skippon . it shall be called a den of theeves . atkins . it shall be called a house of office . scot . it shall be called the free state crosse . saloway . that is a superstitious name . let it be called the armies ware-house . martin . let it be called a church , for we are all saints . st. iohn . i am of opinion that by the ancient known lawes of england , this is the legallest parliament that ever was , and that the men that met here by oliver's and richard's writs made but illegall assemblies , therefore let it be called the parliament house . baron hill . baron nicholes . we are of the same opinion strongly . withrington . i shall declare no opinion as to the point , but shall consider thereof . prinne this day got in , and he would have it called bedlam , for here is frantick mr. st. iohn , hairbrained hasilrig , sensless lowry and atkins , possessed vane , distracted nichols , and a multitude more of madmen , besides fooles , therefore he thought it fit that the chaines and fetters might be removed from newgate hither , to be keepers of the liberties , thereupon the house ordered it to be referred to a committee , and adjorned till the afternoon , and that mr. prinne should come no more there , for he was too wise and too honest to be in that place . in the afternoon they met , and upon debate these things were resolved on . first resolved , that the family of the cromwell's were not born protector's . secondly resolved , that it 's more convenient we should have the government , we having already the crown lands , so they adjorned till the next morning . may th . this day it was referred to a committee to consider of the selfe denying ordinance , and they are to take notice that there are severall kings lands yet to be sould , therefore they are to report whether it be convenient that that ordinance be in force or no . may th . this day the committee , whereof st. iohn was chair-man , reported to the house , that by law that ordinance was of no force , for the intent of the makers of lawes must be observed , and it cannot be intended , that the makers thereof would so far prejudice their own interests as to have that ordinance to be in force when lands are to be sould , and places to be disposed of . may . ordered , that this day usually called ascension-day , be no more called so , but henceforth may th . be called by that name , in commemoration of our ascent to the old shop on that day . and this was the great work of that day . from may th . to may th . the house took into their consideration , the titles of honour and dignity conferred by squire oliver , and his son richard , and also other titles to be given , and thereupon it was enacted as followes . the contents of the act for names , titles , and dignities , &c. first enacted , that our fellow member alderman atkins , be no more called alderman tom. alderman shitbritch , sir tom , sir alderman , tom. thumb , but in all ordinary proceedings he be called and stiled tom fool , and in exigents , let him be named tom. turd . secondly , that harry nevill be no more called religious harry nevill , that the people may take notice he is one of the councell of state . thirdly , that the eldest son of oliver protector have the same addition of title and dignity , that the long parliament conferred upon the eldest son of the late king to all intents and purposes . fourthly , that all other titles of honour whatsoever be sequestred , and the profits arising thence to goe to the payment of the late protectors debts . provided that this act not any thing herein shall not be construed to take away or null those apt and reasonable titles that are given to the severall members and councell of state , and recorded in the excellent book of englands confusion . from may th . to iune . this day the regulation of the law was taken into consideration : and , resolved , that the ablest lawyers be prohibited to judge or practise , that the law may florish and justice be done . ordered , that old collonel walton grow yong again before three weeks , or the dissolution of this parliament , and by that time become as frollick as he was with the barbers wife , that his young wife may no longer be forced to get a snap abroad , at the great charge of the publick ; and that in the interim he sit close in the house , and that she hath allowed to her an universall tolleration during that time and no longer . yesterday the colt formerly drowned at huntington , and taken up at the great charge and paines of the mayor and recorder , was voted a sturgion , vemine contradicente , and it was ordered that serjeant bernard have the next sturgion , to his own use , any grant or prescription to others notwithstanding . resolved . that paules-steeple is the crosse that stood formerly in cheap-side , and therefore to be pulled down forthwith . reported from the committee of safety as followes . that the best way to settle this nation in peace is to sell the residue of the lands , &c. and dispose of them amongst the parliament-men that were not liberally provided for before . yet we conceive that sir arthur hasilrig remembred himselfe pretty well before that time , however if the parliament adjudge lb per annum , not sufficient for him , let him have more . this report was taken into consideration accordingly , being of great import . thereupon the house resolved into a grand committee to debate the proportioning of the said lands to the particular members according to their wants . lenthall . gentlemen can ye think that i , that i your speaker , your everlasting speaker , who am resolved to live and dye with you at lb per diem , can live to maintain my selfe and family at that great rate i now live at , and support the grandeur that should attend the speaker to so noble persons , with lb per annum , and not above lb in personall estate . skippon . i have enough of lb per annum , and desire no more to live as well as mr. speaker . hasilrig . you say well , but lb per annum is better , and upon my credit i want dan. collingwood's estate to make me up ● lb per annum , i pray consider it . scot . gent. my father in law plush-bacon is dead , and hath cheated me of lb , besides it will take lb per annum to make me honest . martin . if i have not enough to pay my debts in present , and to maintain as many whores as the e. of midlesex lord munson ( my fellow boarder in southwark ) or the late e. of warwick , i 'le leave the house and goe to prison again , what ? doe you think i 'le help to cheat the people for nothing . vane . come gent. if you will be a little religious , you may make shift with lb per annum as i doe . darly . my eldest son wishes me hanged that i served so long in this trade , and am like to leave him no better estate . pray think on it . st. iohn . i have built me a little house lately , and want some ground to lay to it . if you 'l grant me a forrest , i 'le remove my house thither , for the law is as clear as it was in e. of straffords . that i may remove it by habeas corpus . weavour . come gent. you are a little too buisy , take heed the army prevent not the designe , i am a good willer to the mathematickes my selfe , but le ts make them sure , for upon my credit lambert is no foole , thereupon the house adjourned till iune first . from iune the first to the th this day the house took into consideration that seasonable motion of mr. weavour , and have ordered as followes . ordered that the army officers be fooled out of their old commissions , by vertue of which they were our masters , and that they take new ones from us , by vertue of which we are their masters . ordered likewise that we juggle with some of the stoutest and sobrest colonels in the army to goe snipps with us under-hand , that they may curbe the rest and keep them in awe . ordered that hacker and okey be two of them , and that there be but . besides listed into this confederacy , least it be discovered , or least we give too much from our selves . ordered lastly , that this present parliament sit till may next , ( if lambert be not too cunning for them before that time ) and that in the interim , parliament men be valued at penny a peece , and that the former value of a penny set upon them in be made voide . iune the th . this day the house took into consideration the busines between harry nevill and stroud sheriffe in bark-shire , which is referred to a committee to report , if it be not all the reason in the world that one of the councell of state should have lb whether it belongs to him or no , and that stroud should pay it , for not returning him to that parliament , which nevill hath times sworne to be no parliament . ordered by the house that mr. st. iohn be assist●nt to that committee to informe how the same stands , and whether magna carta doth not warrant that , as well as the darke lanthorne . monday iune th . this day came an expresse from ireland that the noble and valiant deputy ; will ere long learn fleetwood more wit , and lambert more honesty , and that he will turn these juglers out of their box , as his father did . ordered thereupon that he forthwith repair to england , if he be such a fool , and that we catch him in our clutches if we can , least he obstruct our religious designes . iune th . this day the house considered of mr. harrington's proposalls concerning a free state . and thereupon , resolved . that he 's a fool to buisy his nodle about that which the house never thinks on , for when they have made all even , they 'le break up schoole . iune th . ordered that mr. harrington be forthwith dispatched to iamaica that famous island , and forme his common-wealth there , and that he hath all the golden mines for his paines . iune th . resolved . that all papists and jesuits be tollerated in england , and that anabaptists and quakers be inserted into the army , that by that time the parliament have gotten into their hands the residue of what is left , the army may make mutinies among themselves and discharge us , and set the people against them , and we goe scot free . iune th . the house this day upon consideration that the high and mighty prince vane is to marry with the illustrious infant of wimble●on-house , ordered that richard cromwell depart from thence forthwith , to make way for their highnesse , and that the banquetting house be prepared with a pair of bagpipes , and a north country jigg to entertain the nobles that shall attend the solemnization of those nuptials . iune th . to iune th . ordered that hacker and okey have a strict eye of lambert when he goes into whitehall , least he steps into the chaire . the house called mr. canne in , and ordered him to publish only what was agreable to their former proceedings , and if it fell out at any time that they should doe otherwise then the people expect , that he should conceale the same , whereto canne ( their news maker ) agreed and was sworne . finis . gentle-men , although this remedy differ from the matter , i have before treated off , and intend to proceed in , until i have made all publick : yet at the desire of a friend , i have brought this to publick view ; hopeing it will prove as a pill to stay your stomacks untill the rest follow . yours j. c. a cure for the state an excellent composition of sir henry vane's affection to the ministery , of sir arthur hesilrigg's honesty , of henry martin's chastity , of the lord fleetwood's valour , of an high court of justice mercy , of each two grains . two law-arguments of baron wilde's own making , two ounces of the shavings of the lord mayors beard , one scruple of alderman tichborn's conscience , seven drops of alderman atkin's elixary , one pound of the cities slavery , one dram of kiffen's divinity , with three full gallons of widowes and orphants tears , boyle all these together the full time of one of doctor owens sermons at the fast of the house , then closs stopt up with the paste of scotch charity , the speakers religion , and sir gilbert's constancy . two spoonfulls of this taken every morning fasting , will preserve you from the like apostacy , that the army and other saints have of late fallen into , and make you stick close to the parliament . approved by the colledge of physicians . made publick for the good of the common-wealth . by p. c. doctor of physick . a word in season, to general monk, (with his officers, &c.) to the city, and to the nation; this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a word in season, to general monk, (with his officers, &c.) to the city, and to the nation; l'estrange, roger, sir, - , sheet ([ ] p.) for s.b., printed at the hague [i.e. london] : . attributed to rodger l'estrange. advocating a free parliament. place of publication from thomason. annotation on thomason copy: "feb. ". reproduction of the original in the british library. eng albemarle, george monck, -- duke of, - -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a word in season, to general monk, (with his officers, &c.) to the city, and to the nation; [l'estrange, roger, sir] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a word in season , to general monk , ( with his officers , &c. ) to the city , and to the nation ; my lord , and gentlemen , you are , at present , in the heart of the nation , and in the arms of your friends : where you are safe , and beloved . you have the strength and affections of the city , at your devotion , and it is your commune interest , to unite in a concurence both of power and kindness . you stand and fall together . you are all of the same stock ; born to the same freedom ; subjected to the same laws ; nurs'd up in the same religion : and in fine , obliged by the same rules of duty and wisedom , to promote the same ends . i might adde , that you are likewise exposed to the same danger , and from the same enemy : by whose hypocrisie , and skill , should you be deluded into a belief , of such who never kept faith , ( forgive me ) your reputation is lost , with that security ; and you fall , without either redress or pity . in this very instant , while you treat , the mine is working the instruments and means of your destruction are already agreed upon . some are employed to infect your councils , and alienate your souldiers : others sit among you , to betray you . what by open force cannot be perfected , must be assisted , by a dagger or poyson . you have the substance of this , already , upon evidence , and experiment . next to this caution towards your professed adversaries , allow me to propose a more ingenuous , and open clearnesse towards your usefull friends ; if it were but to prevent mis-understandings : beside , that the very doubt is both injurious and painful . offices of respect , and comfort , ought to be performed with liberty , and chearfullness , without any the least mixture of scruple , and reserve . these frank and mutual enterchanges of succour , and advice , beget a trust , and kindnesse ; and that 's the true foundation of a happy and lasting union . — that friendship which admits a jelousie , wavers . when you , ( my lord ) your officers , and army , are become one with this city , you have then but contracted a nearer alliance with the nation : whose several counties , and divisions , ( how remote soever ) are ( with this town ) but parts still of the same body . by a consent of interest , and sense , they prosper , or they wither , they grieve , or ioy , they live , or dye . nor are they more united in their interests , than in their votes , and resolutions ; for they have unanimously engaged with the city , to maintain their rights , and liberties , the reformed religion , and the freedom of parliaments , against all hazzards , and oppositions whatsoever . i need not tell your lordship by what audacious and illegal violences , this declaration and remonstrance was extorted from them . the nation stood condemn'd to servitude , and beggery , even by those , whom they themselves had raysed from that condition , to aggravate the bondage , by the more intollerable authors of it . 't was now become a crime , to name a full , free parliament , and treason to appeal to any other law , than the insipid vote of a legislative conventicle . the gaols are full of prisoners upon that very score . was it not time , ( my lord ) to bid these people hold their hands , after the expense of so much bloud , and of so many millions ; and all this only to perpetuate a dearer , and a more infamous thralldom ? the pulpits were enured to blasphemy , and non sense , and the government prostituted for mony , to persons able to disgrace a bawdy house . — these , and the like indignities , put the nation upon their just , and necessary defence ; and in that posture they now stand ready , and resolved . your excellency hath been tender hitherto of bloud , but if a speedy order be not taken , to regulate those stragling troops , that act still in the countries , in opposition to a settlement , it will come yet to blows : for questionlesse , in case of a necessity , the people will never stand still , and suffer themselves to be picked out , man by man , till they be all destroyed . the gentry and nobility , are slaves to every pedling pursuivant . 't is but a vvarrant from our masters , and all is fish that comes to net : no matter for a crime , if there be a booty . all that the people ask , all they design , is but the benefit of the law . vvill any english man deny it us ? first , they have sworn to defend it ; next we have sworn , rather to dye , than lose it . this faction hath cost the nation more than . millions , besides the blood they have lapp'd : and yet l. a month , and not a farthing lesse , will do their businesse , that is , l. a man , or some such trifle : for that , the juncto shares ; perhaps the souldier , once in a year , or . may get his mornings draught , and then be turn'd to graze upon free quarter ; and hang'd for mutiny , if he but talks of mony . it s the trick they served all that have served them . vvho ever strikes , or payes on their behalf , fights but for bondage , and contributes to his own chaynes . if they had any faith , they might be trusted . but oaths go down with them like pills of butter , they are dissolved , as soon as taken . that perjury which would poyson a good christian is but their nutriment . nay worse than wolves , they are false to their own kind , and enter worry one-another . i should be endless , to pursue this subject till i want matter . in brief , my lord , look to your self , and to your friends ; life and death are before you , chuse . may heaven direct and blesse your councils and endeavours , so far , as you proceed with piety and honour . to prevent mistakes , i do declare , that there are divers moderate and sober persons , in the mixture , for whom i have a fair respect , and that the tartnesse of my language , only concerns the furious and phanatique of them . a word now to the city ; and that a short one . ] gentlemen , upon your fair complyance with the general , depends much of your safety : that is , so far as he comports himself with terms of prudence , equity , and honour ; ( and he is too noble , to goe lesse ) next , to himself , you finde his officers , of an ingenuous , and clear conversation ; and worth your friendships , their commands apart ; you likewise find the body of the army , civil , and well d●sciplin'd , you doe exceeding well to pay them all due respects : and to joyn interests , and counsels , with them ; — you have done wisely , honestly , and bravely too , to oppose taxes : that is , taxes imposed without a law , — to be employed against your selves ; — and such , as had you granted them , your president would have extended to enslave your posteritie . — your care next , to disarm the sectaries , was very seasonable , your city had probably been in ashes else by this time . consider , they bear the same minde still , and where they had those weapons they can quickly have more . you cannot be secure without your militia , nor can any thing fairly obstruct your procurement of it : in titchburn's case , it was by the commons ordered , that any six of the common-council ( upon emergent occasions ) might send for the lord mayor to call a common-council , and in case of default , call it themselves , and any of them , to have power to act as a common-council , without the lord mayor , any thing in their charter to the contrary notwithstanding : see the hist. of independency , part . page . not to exceed my limits , forget not your suffring friends , and stand firm to your associates , and allies . he that tamely suffers one injury , provokes another . now to the nation , for a farewell . ] i need not presse my country-men with many cautions , your freedom of elections , that 's your birth-right ; 't is that you all declare , to live and dye for , you are too wise , to be cheated with restrictions and qualifications : as if the question were the number , rather than the choice , at this rate , you may have a full house , indeed ; but how ? that is , full of the brats , the kinred , and the partizans of those that sit already ; and then , they that have gull'd you all this while , shall govern you for ever , your very declarations against the present tyranny , have brought you to that point , that there 's no safety left you , but in violence ; for , while you talk , you dye , your scattered friends are gathered up , one by one ; whereas , your seasonable union makes all sure . as your intentions are honourable , so let your actions be . how far the law extends , in case of srutish , and illegal cruelty , see st. johns argument against the earl of strafford ; and with that i conclude : he that would not have had others to have law , why should he have any himself ? why should not that be done to him , that himself would have done to others ? it is true , we give law to hares , and deers , because they be beasts of chase ; it was never accounted either cruelty , or fowl-play , to knock foxes , and vvolves on the head , as they can be found , because these be beasts of prey : the vvarrener sets traps for powlcats and other vermin , for preservation of the warren . printed at the hague for s. b. . remains of sir walter raleigh ... selections. raleigh, walter, sir, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r wing r _partial estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) remains of sir walter raleigh ... selections. raleigh, walter, sir, ?- . vaughan, robert. [ ], , [ ], p. : port. printed for william sheares, iunior ..., london : . sir walter raleigh's portrait signed: ro. vaughan. "a mere reissue of the 'maxims of state,' (wing r ), with the omission of the 'observations touching trade and commerce with the hollander,' and the addition of 'the prerogative of parliaments'"--sabin . includes the t.p. of the edition of "maxims of state." reproduction of original in british library. (from t.p.) maxims of state -- advise to his son : his sons advise to his father -- his sceptick -- observation concerning the causes of the magnificencie and opulency of cities -- his letters to divers persons of quality -- the prerogative of parliaments. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. political science -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion ●am marti , quam mercurio . the ho. ble and learned knight sr. walter raleigh . ro : vaughan sculp . remains of s ir walter raleigh ; viz. maxims of state. advise to his son : his sons advise to his father . his sceptick . observation concerning the causes of the magnificencie and opulency of cities . his letters to divers persons of quality . with the prerogative of parliaments , being a dispute between a counsellour of state and a justice of peace . london , printed for william sheares iunior , in westminster hall. . maxims of state . with instructions to his son , and the sons advice to his aged father . whereunto is added observations touching trade and commerce with the hollander and other nations , proving that our sea and land commodities inrich and strengthen other countries against our own . by sir walter raleigh . london . printed for will. shears junior at the blue bible in bedford street in covent-garden . , the contents . of government . page of policie . of monarchie . of aristocracie , or senatorie state. of free state , or popular state. of tyrannie . of olygarchie , or the government of a few . ibid. of a common-wealth . of causes of states , and common-wealths in generall . of founding a state. ibid. of causes preserving state or common-wealth . of mysteries or sophisms . ibid. of axioms or rules of preserving a state. - rules for preserving of a kingdom hereditarie rules for preserving of a kingdom conquered kingdoms hereditarie are preserved at home by the ordering of a prince . ibid. kingdoms new gotten , or purchased by force , are preserved by rules . rules politick of tyrants . sophisms of a barbarous and professed tyranny . sophisms of the sophisticall , or subtile tyrant , to hold up his state. of preservation of an aristocracie . of preservation of an olygarchie , by sophisms ibid. of preservation of an olygarchie , by rules . ibid. of conversion of states in generall . causes of conversions of states are of two sorts : generall and particular . ibid. particular causes of conversion of state , are of two sorts . of sedition . causes of sedition are of two sorts . ibid. of alteration without violence . a method , how to make use of the book before , in the reading of the storie . old age is not ever unfit for publick gouernment , ibid. example of the like practice in charls the fifth . of observation for the affirmative and the negative . ibid. of defence for david in marrying abishag . politicall nobility . of ado●ijah aspiring to the kingdom observations . of ways of such as aspire to the kingdom , and marks to discern them . politicall prince . the table of the chapters containd in sr walter raleigh's instructions to his son . chap. page . virtuous persons to be made choice of friends . great care to be had in the choosing of a wife . wisest men have been abused by flatterers . pr●v●●e quarrels to be avoided . three rules to be observed for the preservation of a mans estate . what sort of servants are most fit to be entertained . brave rags wear soonest out of fashion . riches not to be sought by evil means . ibid. what inconveniences happen to such as delight in wine . let god be thy protectour and directour in all thy actions . the sceptick doth neither affirm , neither deny any position but doubteth of it , and proposeth his reason against that which is affirmed or denied , to justifie his not consenting . observations concerning the causes of the magnificencie and opulencie of cities . safetie for defence of the people and their goods in and near a town . causes that concern the magnificencie of a citie . that the seat of government is upheld by the two great pillars thereof , viz. civile justice , and martiall policie , which are framed out of husbandry , merchandise , and gentry of this kingdom . sir raleigh's letter to mr secretary winwood before his journey to guiana . to his wife from guiana . to sir ralph winwood . to his wife copied out of his own hand writing . to his wife after condemnation . to king james at his return from guiana . his third letter to secretary winwood . his letter to prince henry touching the modell of a ship. his speech immediately before he was beheaded . sir vvalter raleigh observations touching trade and commerce with the hollander and other nations , proving that our sea and land commodities inrich and strengthen other countreys against our own . finis . maxims of state . of government . government is of two sorts . . p rivate , of himself . sobriety . of his family ; called oeconomy . . publick , of the common-wealth , called p●licy a man must first govern himself , ere he be fit to govern a family : and his family , e're he be fit to bear the government in the common-wealth . of policie . policie is an art of government of a common-wealth , and some part of it according to that state , o● form of government , wherein it is setled for the publick good . state , is the frame or set order of common-wealth , or of the governours that rule the same , especially o● the chief and sovereign governour that commandeth the rest . the state of sovereignty consisteth in five points . . making or anulling of laws . . creating and disposing of magistrates . . power over life and death . . making of war , or peace . . highest or last appeal . where these five are , either in one or in more , there is the state. these five points of state , rest either in , . one monarchie or kingdom . . some few chief men for virtue and wisdom , called an aristocracie . . many , called a free-state , or popular state. these three sorts of government have respect to the common good , and therefore are just , and lawfull states . these . degenerate into . other governments viz. . monarchie into . tyrrannie . . aristocracie , into . oligarchie . . popular state , into . common-wealth or government of all the common and baser sort , and therefore called a common-wealth by an usurped nick-name . these all respect their own , and not the publick good , and therefore are called bastard governments . i monarchie . a monarchie , or kingdom , is the government of a state by one head , or chief , tending to the common benefit of all . monarchie , or kingdoms , are of three sorts touching the right or possession of them , viz. . hereditary , by descent , as the english french , &c. . elective , by suffrage of the other orders , of some of them , as the p●loni●● . 〈◊〉 , or of both kinds , viz. descent , yet not tied to the next bloud , as the ancient jewish state. monarchies are of two sorts touching their power , or authority , viz. . int●re . where the whole power of ordering all state matters , both peace and war , doth by law & cust●● appertain to the prince , as in the ●●●gest kingdom , where the prince hat● power to make laws league , & wa● to create magistrates ; to pardon life of appeal , &c. though to give a contentment to the other degrees , th●● have a suffrage in making laws , y●● ever subject to the princes pleasure nor negative will. . 〈◊〉 or restrained , that ha●● no full power in all the points or matters of state , as the military king that hath not the sovereignty in time peace , as the making of laws , & but in war only , as the p●loni●● kings . ii. aristocracy , or senatory state. an aristocracie is the government of a common-wealth by some ●ompetent number of the better sort , ●referred for wisdom and other virtues ●f the publick good . . aristocracie are of three sorts , viz. there the senatours are chosen , for virtu , riches , and the common good , as the venetian . . virtue , and the publick good without respect of wealth , as sometimes the roman , when some of the ●enatours were fetched from the ●ough , and some from the schools . vir●ue and wealth more respecting their private , than their publick good , which inclineth towards an oligarchie , or the government of the richer or nobler sort , as in rome towards the end . iii. free-state , or popular state. the popular state is the government of a state by the choisest sort of people , tending to the publick good of all sorts , viz. w th due respect of the better , nobler , and richer sort in every just state , some part of the government is , or ought to be imparted to the people ; as in a kingdom , a voice or suffrage in making laws ; and somtimes also , in levying of arms ( if the charge be great , and the prince forced to borrow help of his subjects ) the matter rightly may be propounded to a parliament , that the tax may seem to have proceeded from themselves . so consultations , and some proceedings in iudicial matters , may in part be referred to them . the reason , least seeing themselves to be in no number , nor of reckoning , they mislike the state , or kind of government : and where the multitude is discontented , there must needs be many enemies to the present state. for which cause , tyrants , which allow the people , no manner of ●ealing in state matters ) are forced to bereave them of their wits and wea●ons , and all other means whereby they may resist , or amend themselves , ●● in rushland , turkey , &c. iv. tyrannie . a tyrannie is the swerving , or distorting of a monarchie , or the government of one , tending not the publick good , but the private benefit of himself , & his followers . as in the russ & turkish government , where the state and wealth of other orders , are employed onely to the upholding of the greatness of the king or emperour . this is the worst of all the ●astard states because it is the pervering of the best regiment , to wit , of a monarchie , which resembleth the sovereign government of god himself . v. oligarchie , or the government of a few . an oligarchie is the swerving , or the corruption of an aristocracie ; or the government of some few , that are of the wealthier or nobler sort , without any respect of the publick good . the chief end of these governours , is their own greatness and enriching . and therefore their manner is , to prepare fit means to uphold their estate . this state is not wholly so bad , as if the tyrannie , and yet worse than the common wealth , because it respecteth the good of a few . vi. common wealth . a common-wealth is the swerving of depravation of a free , or popular state , or the government of the whole multitude of the ba●e and poorer sort , without respect of the other orders . these two states , to wit ; the oligarchie , and common-wealth , are very adverse the one to the other , and have many bickerings between them . for that the richer or nobler sort , suppose a right or superiority to appertain unto them in every respect , because they are superiour , but in some respects onely to wit , in riches , birth , parentage , &c. on the other side , the common people suppose , there ought to be an equality in all other things , and some state matters ; because they are equall with the rich or noble , touching their libertie , whereas indeed neither the one nor the other are simply equall or superiour , as touching government and fitness thereunto , because they are such , to wit , because they are rich , noble , free , &c. but because they are wise , virtuous , va●ant , &c. and so have fit parts to govern a state. the severall states are sometimes mixed , and inter-wrought one with the other , yet ever so , as that the one hath the preheminent predomination over the other , as in the humours and complexions of the body . so in the roman state , the people had their plebescita , and gave the suffrage in the election of magistrates : yet the senate ( as the state stood ) for the most part swayed the state , and bare the chief rule . so in the venetian state , the duke seemeth to represent a monarch , and the senate to be his councell : yet the duke hath no power in state matters , but is like a head set on by art , that beareth no brain . and so that state is senatorica●l or aristocraticall . causes of states and common-wealths in general . causes of states , or of common-wealths are of . sorts , viz. . founding , or setling a state where to be considered . . measure . . parts , and their qualities . . preserving a state. . changing , and altering a state. founding a state. in founding a state are to be considered . things . . proportion . . parts . proportion , is a just measure or mediocritie of the state , whereby it is framed & kept in that order , as that neither it exceed nor be defective in his kind , to wit , so that a monarch be not too monarchical , nor strict , or absolute , as the russe kings ; nor aristocratical , that is over●mated or eclipsed by the nobilitie , as the scottish kingdom , but ever respective to the other degrees . that aristocracie be not to magnificent nor intire to it self , but communicate with the people some commodities of state or government , the venetians and sometimes the ro●● allowed the people to elect certain magistrates out of themselves , to have a tribune , to make plebiscita , &c. so a free state or common-wealth that it is not over popular , viz. that it depress not too much the richer , wiser , nor leaneder sort ; but admit them to offices with a caution out of the rules and masteries of that state. that they seek no alteration of the present state. the reason , because the moderate states in their several kinds ( as all other things that observe the mean ) are best framed for their continuance , because they give less cause or grudge , envy , and affecting the wealth , honour , and 〈◊〉 , which they see in others that 〈◊〉 the state ; and so are less subject to stirs and commotions , and easiest kept in their present state wherein they are set . parts . the parts of the state , or those magistrates that bear place or sway in the publick government . parts or partakers of publick government , are . councel or senate , which consulteth of all matters pertaining to war and peace , magistrates , &c. in admi●ting of whom there ought to be a mo●● special care , that they may be men expert in matter of policie , because it i● their trade and vo●ation , as men use to chuse pilots , and masters of ships , such as know the art of navigation , and no● husband men , &c. and so the contrarie . . magistrates and officers , which are to be executioners of that which consulted , and found to be expedient for the common-wealth , wherein are to be observed , the kinds of magistrate than they be such as fit that kind of government ; the time of their continuance , and the manner of their election or appointing , by whom , out t● whom , and in what manner they be chosen . . judges ; to determine in civil and criminal matters , where are to be observed , out of whom they are to be chosen ; what kinds are necessary , and the manner of judgement and judicial proceeding . in magistrates are to be observed . . kinds of magistrates . . civil . . superiour , which are to be such & of that kind as agree with the state , as consuls for a year , and not perpetual dictatours in a senatorie state. praetors & censors , that over-see manners & orders of the people . for a kingdom lieutenant of shires , marshals , masters of horse , admirals , &c. inferiour , as conservatours of peace , constables , &c. overseers of youth that take care for their education for civil and warlike exercise . clarks of the market that provide for the quantity , and price of victual . ed●●es for buildings , streets , bounds . questours , or treasurers , to keep and dispence the publick treasury . a●u●●ies , or recorders , which keep the publick record . goalers to keep prison and prisoners . surveyours of woods and fields , &c. . as bishops or pastours , elders , wardens . . time of magistrates , whereof some are perpetual , some for a time , viz. for more years , a year , half a year , according to the necessity of the common-wealth , and not perpetual ; or at least not heredetary in a kingdom . yearly in an aristocracie , or half yearly in a free-state . . manner of choice , by whom and how to be chosen , where especially they are to be chosen by suffrage , and not by lot. . eclesiastical . causes preserving a state , or common-wealth . in preserving of states a things required . mysteries , or sophisms . general to all states . . particular for every several state. . rules , or actions . . general , for all states . . particular , for every state. mysteries , or sophisms . mysteries , or sophisms of state , are certain secret practices , either for the avoiding of danger , or averting such effects as tend to the preservation of the prefent state , as it is set or founded . state mysteries are of two sorts . . generall : that pertain to all states ; as first to provide by all means , that the same degree , or part of the common-wealth , do not exceed both in quantity and quality . in quantity , as that the number of the nobility , or of great persons , be not more , than the state or common-wealth can bear . in quality , as that none grow in wealth , liberty , honours , &c. more than it is meet for that degree ; for as in weights , the heavier weights bear down he scale : so in common-wealths , that part of degree that excelleth the rest in quality and quantity , overswayeth the rest after it , whereof follow alterations , and conversions of ●tate . secondly , to provide by all means , that the middle sort of people exceed both the extreams , ( viz. ) of nobility and gentry , and the base rascal , and beggarly sort . for this maketh the state constant and firm , when both the extreams are tied together by a middle sort , as it were with a band , as for any conspiracie of the rich and beggarly sort together , it is not to be feared . to these two points , the particular rules in sophisms of every common-wealth , are to be applied . . particular : that serve for preservation of every common wealth , in that form of state wherein it is setled as in a kingdom . that the nobility may be accustomed to bear the government of the prince , especially such as have their dwelling in remote places from the princes eye , it is expedient to call them up at certain times to the princes court , under presence of doing them honour , or being desirous to see , and enjoy their presence ; and to have their children , especially their eldest , to be attendant upon the prince , as of special favour towards them and theirs , that so they may be trained up in duty and obedience towards the prince , and be as hostages for the good hehaviour , and faithfull dealing of their parents , especially , if they be of any suspected note . to that end serves the persian practice , in having a band , or train of the satrapa's children , and other nobles to attend the court ; which was well imitated by our train of he●●●●●r , if they were of the nobler sort . again , sometimes to borrow small sums of his subjects and to pay them again , that he may after borrow greater sums and never pay : so in an oligarchie , least it decline to a popular state , they deceive the people with this and the like sophisms , ( viz. they compel their own sort , to wit , the rich men , by great penalties , to frequent their assemblie , for choosing of magistrates , for provision of armour , warlike exercises , making an execution of laws , & . by that means seemin ; to bear a hard hand over the richer , but to suffer the poorer , and meaner sort to be absent , and to neglect those assemblies under pretence , that they will not draw them from their business , and private earnings : yet withall to cite thither some few of them , ( viz. ) so many as are casily over-matched by the richer sort , to make a shew , that they would have the people or poorer sort , partakers likewise of those matters , yet terrifying those that come to their assemblies , with the tendiousnesse of consultations , greatnesse of fines , if they should mis-do , to the end , to make them unwilling to come again , or to have to do with those consultations , by which means , the richer sort do still , govern the state , with the peoples liking , and good contentment . aixoms . axioms or rules of preserving the state are , . general , that serve for all common-wealths . . particular , that serve for every several state. general rules . . the first and principal rule of policie to be observed in all states , is to profess , & practise , & maintain the true worship & religio of almighty god prescribed unto us in his word , which is the chief end of all government . the axiom , that god be obeyed simply without exception , though he command that which seemeth unreasonable , and absurb to humane policy ; as in the jews common-wealth : that all the men should repair yearly to one place to worship god four times , leaving none to defend their coast , though being beset with many enemies . not to sow the seventh year , but to suffer the ground to rest untilled without respect or fear of famine , &c. . to avoid the causes of conversion , whereby states are over thrown , that are set down in the title of conversions ; for that common wealth ( as naturall bodies ) are preserved by avoiding that which hurteth the health and state thereof , and are so cured by contrary medicines . . to take heed , that no magistrate be created or continued , contrarie to the laws and policie of that state. as that in a se●at● , there be not created a perpetual dictaetor , as caesar in rome . in a kingdom , that there be no senate , or convention of equall power with the prince in state matters , as in poland . . to create such magistrates as love the state as it is setled , and take heed of the contrarie practise , as to advance popular persons in a kingdom , or aristocracie . and secondly , to advance such as have skill to discern what doth preserve , and what hurreth or altereth the present state. . to that end to have certain officers to pay abroad , and to observe such as do not live and behave themselves in fit sort , agreeable to the present state , but desire rather to bee under some other form , or kind of government . . to take heed that magistracies be not sold for money , nor bribe in their offices , which especially to be observed in that common wealth , which is governed by a few of the richer sort ; for if the magistrate gain nothing but his common fees , the common sort , and such as want honour , take in good part that they be not preferred , and are glad rather that themselves are suffered to intend private business . but if the magistrate buy and sell matters , the common people are doubly grieved , both because they are debat'd of those preferments , and of that gain they see to grow by them , which is the cause that the german oligarchies continue to firm for both they suffer the poorer sort to grow into wealth , and the richer sort are by that means freed , and secured from being under the poor . . to take heed that the state , as it is setled and maintained , be not over-strict , nor exceed in his kind ; ( viz. ) that a kingdom be not too monarchicall , nor a p●●ul● state too p●●u●ar : for which cause it is good , that the magistrates sometimes ) yield of his right touching honour , and bahave themselves familiarly with those that are equall unto them in other parts , though inferiour for place and office ; and sometimes popularly with the common people , which is the cause that some common wealths , though they be very simply , and un kilfully set , yet continue firm , because the magistrates behave themselves wisely , and with due respect toward , the rest that are without honour ; and therefore some kind of moderate popularity is to be used in every common-wealth . . to take heed of small beginnings , and to meet with them even at the first , as well touching the breaking and altering of laws , as of other rules which concern the continuance of every severall state. for the desease and a teration of a common-wealth , doth not happen all at once , but grows by degrees , which every common wit cannot discern , but men expert in policie . . to provide , that that part be ever the greater in number and power , which favours the state as now it stands . this is to be observed as a very oracle in all common-wealths . . to observe a mean in all the degrees , and to suffer no part to exceed , or decay overmuch . as first for preferments , to provide that they be rather small and short , than great and long ; and if any be grown to overmuch greatness , to withdraw or diminish some part of his honour . where these sophisms are to be practised ( viz. ) to do it by parts and degrees ; to do it by occasion , or colour of law , and not all at once . and it that way serve not , to advance some other , of whose virtue and faithfulness , we are fully assined , to as high a degree , or to a greater honour ; and to be the friends and followers of him that excelleth , above that which is meet . as touching wealth , to provide , that those of the middle sort ( as before was said ) be more in number ; and if any grow high , and over charged with wealth , to use the sophisms of a popular state , viz to send him on embassages , and forreign negotiations , or imploy him in some office that hath great charges , and little honour , &c. to which end , the f●●●●ful served in some common-wealths . to suppress the factions , and quarrels of the nobles , and to keep other that are yet free from joyning with them in their partakings and factions . . to increase or remit the common taxes and contributions ; according to the wealth , or want of the people and commonwealth . if the people be increased in wealth , the taxes and subsidies may be increased . if they be poor , and their wealth diminish , specially by dearth , want of traffick , &c. to forbear taxes and impositions , or to take little . otherwise grudge and discontentments must needs follow . the sophisms that serve for impositions , are these , and other of like sort , to pretend business of great charge , as war , building of ships making of havens , castles , fortifications , &c. for the common defence ; sometimes by lotteries and like devises , wherein some part may be bestowed , the rest reserved for other expences ; but princely dealings needs no pretences . . to provide that the discipline & training of youth of the better sort to such as agreeth with that common-wealth : as that in a kingdom , the sons of noble men to be attendant at the court , that they may be accustomed to obedience towards the prince . in the senatory state , that the sons o● the senatours be not idly , nor over daintily brought up , but well instructed and trained up in learning , langues , and nartiall exercise that they may be able to bear that place in the common-wealth , which their father held , and c●nt any wise , in a popular state. . to take heed , least their sophisms , or secret practises for the continuance and maintenance of that state , be not discovered ; least by that means they refuse and disappoint themselves , but wisely used , and be with great secrecie . particular rules . rules and axioms , for preserving of a kingdom . hereditary . conquered . kingdoms hereditary , are preserved at home by the ordering . . himself , viz. by the tempering and moderation of the princes answer and prerogative . for the less and more temperate their power and state is the more firm , and stable is their kingdom and government ; because they seem to be further off from a master like , and tyrannte all empire ; and lesse unequall in condition to the next degree , to wit , the nobility , and so lesse subject to grudge and envy . . nobility , &c. by keeping that degree and due proportion , that neither they exceed in number more than the realm , or state can bear , as the scottish kingdom , and sometime the english , when the realm was overcharged with the number of dukes , earls , and other noble ; whereby the authority of the prince was eclipsed , and the realm troubled with their factions and ambitions . nor that any one excel in honour , power , or wealth , as that he resemble another king within the kingdom , as the house of lancaster within this realm . to that end , not to load any with too much honour or preferment , because it is hard even for the best , and worthiest men , to bear their greatnesse , and high fortune temperately , as appeareth by infinit examples in all states . the sophisms for preventing , or reforming this inconvenience , are to be used with great caution and wisdom . if any great person be to be abated , not do real with him by calumniation or forged ●atter , and so to cut him off without desert , especially if he be gratious among the people , after the ●●chiav●an place , which besides the injustice , an occasion many times of greater danger towards the prince . not to withdraw their honour all at once , which maketh a desperate 〈◊〉 in the party , and a commiseration in the people , and so greater love , he be gracious for his virtue , and publick service . not to banish him into forreign countries , where he may have opportunity of practising with forreign states , whereof great danger may ●n●e , as in the example of ●ortulanus , henry the fourth , and such like . but to use these , and the like sophisms , viz. to abate their greatnesse by degrees , as david joabs , fa●●●●a bellisarius , &c. to advance some other men to as great , or greater honour , to shadow , ●● over-mate the greatnesse of the other . to draw from him by degrees his friends , and followers by ●●vefer●●● , rewards , and other good and lawfull means ; especially , to be provided that these great men be not imployed in great or powerfull affairs of the common wealth , whereby they may have more opportunity to sway the state. . people , viz. so to order and behave himself that he be loved , and reverenced of the people . for that the prince need not greatly fear home conspirac●es , or forreign invation , she be firmly loved of this own people . that reason , for that the rebel can neither hope for any forces for so great enterprise , not any refuge , being discovered & put to flight , ●t the multitude affect their prince : but the common people being once offended , hath cause to fear every moving , both at home and abroad . this may be affected by the prince , the use means and art of getting the favour of the people , and avoid those things that breed have and contempt ; viz. if he seem as tutor , or a father to love the people and to protect them , if he maintain the peace of his kingdom ; for that nothing is more popular , nor more pleasing to the people than is peace . . if he shew himself oftentime graciously , yet with state and majestie to his people , and receive complaint of his suppliants , and such like . . if he sit himself sometimes in open courts , and place of ●ustice that he may seem to have a care of i●●stice among his people . if he bestow many benefits and graces upon that citie , which he maketh the seat of his l●●●● , and to make it sure and faithfull unto him , which is fit to be in the middle of his kingdom , as the heart in the middle of the body , or the sun in the middle of heaven , both to divide himself more easily into all the parts of his dominions ; and least the furthest parts at one end move , whilest the prince is in the other . if he go in progress many times to see his provinces , especially , those that are remite . if he gratifie his cou●tiers and ●●●●ians in that sort , and by such means , as that he may seem not to pleasure them with the hurt & injury of his people , as with m●n●●ol●es , and such like . if he commit the handling of such things as procure envy , or seem grievous to his ministers , but reserve those things which are gratefull , and well pleasing to himself , as the french kings , who for that purpose , as may seem , have erected their court at paris , which acquitteth the prince from grudge and envy , both with the nobles and the scope . . if he borrows sometimes sums of money of his people , though he have no need , and pay the same justly without defalcation of any part by his exchequer , or other officer . . if he avoid all such things as may breed h●tre● or contempt of his person which may be done , if he shew himself not too light , unconstant , hard , cruel , esteminate , fearfull , and ●asterdly , &c. but contrariwise religious , grave , just valiant , &c. whereby appeareth the false doctrine of the machiavilian policie , with far the better means to keep the people in obedience , than love , and reverence of the people towards the prince . . if the prince be well furnished with warlike provision , which is to be rumoured , and made known abroad : if it be known , that he is reverenced , and obeyed by his peoples at home . . if he provide so much as lieth in him , that his neighbour kingdoms grow not over much in power and dominior ; which if it happen , he is to joyn speedily with other princes , which are in like danger to abate that greatness , and to strengthen himself and the rest against it . an oversight of the christian princes towards the king of spain . if he get him intelligencers by reward , or other means , to detect or hinder the designs of that prince , with whom he hath differences , if any thing be intended against his state. or at least have some of his own lydging abroad about that princes court , under colour of embassage , or some other pretence ; which must be men of skill and dexterity to serve for that turn . . to observe the laws of his country , and not to encounter them with his prerogate , nor to use it at all where there is a law , for that it maketh a secret and just grudge in the peoples hearts , especially if it tender to take from them their comm●d●t●es , and to bestow them upon other of his courtiers and ministers . . to provide especially , that that part , which favoureth the state as it standeth , be more potent , than the other which favoureth it not or desireth a change . . to make speciall choise of good and sound men to bear the place of magistrates , especially of such as assist the pr●●●●● on cou●sels , and policie● , and not to lean overmuch to his own advise , contrarie to the rule of ma●li●● who teacheth , that a prince can have no good ●●●●sul , except it be in himself ; his reason , ●● use if he use the 〈…〉 is in dang●r to be over w 〈…〉 d by him ; and if he counsel with more , then he shall be 〈…〉 in opi●i●●s . as if a prince of great , or mean wisdom , could not take the judgement of all his c●nc●llours in any point of po●●●● , or of so many as he himself thinke he good , and to take it either by word , or in writing ; and himself then in private peruse them all , and so after good and mature deliberation , make choise of the best , without any distraction of binding himself to the direction of one . for the proverb is true . that two eyes see more than one ; and therefore the advises , and consultations of a senatory state is compared by some to a feast , or dinner , where many contribute towards the ●●●t , by which means they have more variety of dishes , and so better fare : and yet every mean may make choice of that dish that serveth him best for his 〈…〉 e. . the prince himself is to sit sometimes in place of publick justice , and to give an experiment of his wisdom and equity , whereby great reverence and estimation is gotten , as in the example of sol●man , which may seem the reason , why our kings of england had their kings bench in place of publick justice , after the manner of the ancient kings that sate in the gate ; where for better performing of this princely duty , some speciall causes may be selected , which may throughly be debated and considered upon by the prince in private , with the help and advice o● his learned councell , and so be decided publickly , as before is said , by the prince himself ; at least , the prince is to take accompt of every minister of publick justice , that it may be known , that he hath a care of justice , and doing right to his people , which makes the iusticers also to be more carefull in performing of their duties . . to be moderate in his taxes , and in positions ; and when need doth require to use the subjects purse , to do it by parliament , and with their consents , making the cause apparent unto them , and shewing his unwillingnesse in charging them finally , so to use it , that it may seem rather an offer from his subjects , than an exaction by him . . to stop small beginnings ; unto this end to compound the dissentions that rise amongst the nobles , with caution , that such as are free be not drawn into parts , whereby many times the prince is endangered , and the whose common-wealth set in a combustion ; as in the example of the barons , war , and the late wars of france , which grew from a quarrel betwixt the ●●●●o● faction , and the other nobility . . to stir up the people , if they grow secure , and negligent of armour , and other provision for the common-wealth , by some rumour or fear of danger at home , to make more ready when occasion requireth . but this seldom to be used , least it be supposed a false alarm , when there is need indeed . to have speciall care , that his children , especially , the heir apparent , have such bringing up as is meet for a king , viz. in learning , specially of matters pertaining to state , and in martiall exercise , contrary to the practise of many princes , who suffer their children to be brought up in pleasure , and to spend their time in hunting , &c. which by reason of their defects , afterwards is a cause of mis-government and alteration of state. ii. kingdoms new gotten , or purchased by force , are preserved by these means . first , if they have been subjects before to his ancestours , or have the same tongue , manners , or fashions , as have his own countrey , it is an easie matter to retain such countries within their obedience , in case the princes bloud of the said countrey be wholly extinct . for men of the same quality , tongue , and condition , do easily s●ole , and combine themselves together , so much the rather , if the people of that countrey have served before , and were not accustomed to their own liberty , wherein especially is to be observed , that the laws and customs of that purchased countrey be not altered nor innovated , or at least it be done by little and little . so the b●rgundians and oquitans were annexed to france . the reason , because partlty they have been accustomed to serve , and partly , for that they will not easily agree about any other to be their prince , if the bloud royall be cas● extinguished . as for the invasion of a forreign countrey , where into the prince hath no right , or whereof the right heir is living : it is not the part of a just civil prince , much less a christian prince to enforce such a countrey : and therefore , the machiavillian practises in this case , to make sure work by extiguishing wholly the bloud royall , is lewd and impertinent : the like is to be said of murthering the natives , or the greatest part of them , to the end he may hold the rest in sure possession . a thing not onely against christian religion , but it is inhumane injustice , cruel , and barbarous . . the safest way is , ( supposing a right ) that some good part of the natives be transplanted into some other place , and our colonies , consisting of so many as shall be thought meet , be planted there in some part of the province , castls , forts , and havens , seized upon , and more provided in fit places , as the manner was of the babylonian monarch , which transplanted . jews : and of the romans in france , tribes of the germany , britain , & other places . the reason : . for that otherwise forces of horse and foot , are to be maintained within the province● , which cannot be done without great charge . . for that the whole province is troubled and grieved with removing and supplying the army with victual , carriages , &c. . for that colonies are more sure and faithfull , than the rest . as for the natives that are removed from their former seats , they have no means to hurt , and the rest of the natives being free from the inconvenience , and fearing that themselves may be so served if they attempt any thing rashly , are content to be quiet . the turks practise in asia , where the chief grounds and dwellings are possessed by the souldiers , whom they call timari●tae . that the prince have his seat and his residence , in his new purchase , especially , for a time , till things be well setled ; especially if the province be great and large , as the turks in greece : the reasons ; . because the presence of the prince availeth much to keep things in order , and get the good will of his new subjects . they conceive that they have refuge by the princes presence , if they be oppressed by the lieutenants , and inferiour governours : where it will be convenient for the winning the peoples hearts , that some example be made of punishing of such as have committed any violence or oppression . . because being present , he seeth and heareth what is thought & attempted ; and so may quickly give remedy to it , which being absent he cannot do , or not do in time . . if the prince himself cannot be present to reside , then , to take heed that the charge of governing , or new purchases be committed to such as be sure men , and of other meet quality , that depend wholly upon the princes savour , and not to natives , or other of their own subjects , that are gracious for their nobility , or virtue ; especially , if the province be great , and somewhat far distant , which may soon seduce the unsetled affections of those new subjects , as for such governours , as depend wholly upon the princes savour , being not born , but created noble , they will not so easily suffer themselves to be won from their duty , and in case they would revolt , yet they are not able to make any great strength , for that the people obey them but as instruments and ministers , to keep them in subjection , and not for any ill will . to have the children of the chief noble men , and of greatest authority , hostages with them in safe keeping , the more the bettter : for that no bond is stronger , than that of nature , to contain the parents and allies in obedience , and they the rest . to alter the laws but by degrees one after another , and to make other that are more behoovefull for the establishing of the present government . . to keep the people quiet and peaceable , and well affected so much as may be , that they may seem by being conquered , to have gotten a protectour , rather than a tyrant ; for the common-people , if they enjoy peace , and be not distracted nor drawn from their businesse , nor exacted upon beyond measure , are easily contained under obedience ; yet notwithstanding , they are to be dis-used from the practise of arms , and other exercises which increase courage , and be weakened of armor , that they have neither spirit , nor will to rebell . . if there be any faction in the countrey , to take to him the defence of the better and stronger part , and to combine with it , as caes●r in fr●nce . . to look well to the borders , and confining p●ovinces , and if any rule there of great , or equall power to himself , to joyn leage with some other borde●●● , tho●gh of lesse strength , to hinder he at●empts : if any should be ) by such neighbour prince . for it happeneth , often , that a countrey infested by one neighbour prince , calleth in another , of as great , or greater power , to assist and rescue it from the other that invadeth it ; so the ●●●mans were call●d into g●●● , by the aet●●ians ; the ●●●●ns , by the britai●s , the danes , by the saxon● . . to leave their titles and dignities to the natives , but the command and authority , wholly to his own . . not to put much trust , nor to practise too often the s●p●●sm of policie , especially those that appertain to a tyrannicall state , which are soon detected by men of iudgement , and so being discredit to the prince , and his policy among the wiser , and better sort of his subjects , whereof must needs follow very ill effects . the s●●●●● of tyrants , are rather to be known , than practised , ( which are for the supporting of their tyrannicall states , ) by wise and good princes , and are these , and such like as follow . rules politick of tyrants . rules practised by tyrants are of . sorts , viz. . barbarous , and professed , which is proper to those that have got head , and have power sufficient of themselves , without others help , as in the turkish , and russe government . . sophisticall , and dissembled ; as in some states that are reputed for good and lawfull monarchies , but inclining to tyrannies , proper to those which are not yet setled , nor have power sufficient of themselves ; but must use the power and help of others , and so are forced to be politick sophisters . i. sophisms of a barbarous and professed tyranny . to expell and banish out of his countrey all honest means , where . by his people may attain to learning , wisdom , valour and other virtues , that they might be fit for that estate , and servile condition . for that these two , learning , and martiall exercise , effect two things most dangerous to a tyranny : viz wisdom , and valour . for that men of spirit and understanding , can hardly endure a servile state. to this end , to forbid learning of liberall arts , and martiall exercise ; as in the russe government so julian the apostata dealt with the christians . contrariwise , to use his people to base occupations , and mechanicall arts , to keep them from idlenesse , and to put away from them all high thoughts , and manly conceits , and to give them a liberty of drinking drunk , and of other base and lewd conditions that they may be sorted , and so made unfit for great enterprises . so the egyptian kings dealt with the hebrews ; so the russe emperour with his russe people : and charls the fifth with the netherlanders , when he purposed to enclose their priviledges , and to bring them under his absolute government . . to make sure to him , and his state , his military men by reward , liberty , and other means , especially . his guard , or praetorian band ; that being partakers of the spoil and benefit , they make like that state , and continue firm to it ; as the turk , his janizarie ; the russe , his boyarens , &c. . to unarm his people of weapons , money , and all means , whereby they may resist his power ; and to that end , to have his set and ordinary exactions &c. once in two , three , or four years , and sometimes yearly , as the ●●rk and russe ; who is wont to say , that his people must 〈…〉 ed as his flock of sheep , viz. their people taken from them , least it overlade ● , and grow too heavy ; that they are like to his beard , that the more it was shaven the thicker it would grew . and if there be any of extraordinary wealth , to borrow of them in the mean while , till the tax come about , or upon some divised matter , to confiscate their goods , as the common practise is of the ●uss● and turk . . to be still in wars , to the end , his people may need a captain ; and that his forces may be kept in practise , as the russe doth yearly against the tartar , p●lonian , and sweden , &c. . to cut off such as excell the rest in wealth , favour , or nobility ; or be of a pregnant , or aspiring wit , and so are fearfull to a tyrant ; and to suffer none to hold office , or any honour , but onely of him ; as the turk his b●shae● ; and the russe , his r●zzes . . to forbid guilds , brotherhoods , feastings and other assemblies among the people , that they have no means or opportunity to conspire , or confer together of publick matters , or to maintain love amongst themselves , which is very dangerous to a tyrant , the russes practice . . to have their beagles , or l●stener in every corner , & parts of the realm ; especially , in places that are more suspect , to learn what every man saith , or thinketh , that they may prevent all attempts , and take away such ●s mislike their s●●● . . to make schism , and division among his subjects , viz. to set one noble man against another , and one richman against another , that through fact on & disagreement among themselves they may be weakened , and attempt nothing against him , and by this means entertaining whispering , and complaints , he may know the secrets of both parts , and have matter against them both , when need requireth . so the russe made the faction of the zemsky , and the 〈◊〉 . . to have strangers for his guard , and to entertain parasites , and other base and ●ervile fellows , not too wise , and yet subtile , that will be ready for reward to do and execute what he commandeth , though never so wicked and unjust . for that good men can not flatter , and wise men cannot serve a tyrant . all these practises and such like , may be contracted into one or two , viz. to bereave his subjects of will and power to do him hurt , or to alter the present state the use is caution , not imitation . ii. sophisms of the sophillicall , or subtile tyrant , to hold up his state. . to make shew of a good king , by observing a temper and mediocrity in his government , and whole course of life ; to which end , it is necessary , that this subtile tyrant , be a cunning polititian , or a machiavilian at the least , and that he be taken so to be , for that it maketh him more to be feared and regarded , and is thought thereby : not unworthy for to govern others . . to make shew not of severity , but of gravity , by seeming reverent , and not terrible in his speech , and gesture , and habit , and other demeanour . . to pretend care of the common-wealth ; and to that end , to seem loath to exact tributes , and other charges ; and yet to make necessity of it , where none is : to that end to procure such war as can bring no danger toward his state , and that might easily be compounded , or some other chargeable business ; and to continue it on , that he may continue his exaction and contribution so long as he list . and thereof to imploy some in his publick service , the rest to hoord upon his treasury , which is sometimes practised even by lawfull princes , as edward the fourth in his wars against france , when have levied a great sum of money throughout his realm , especially of the londoners , he went over seas , and returned without any thing doing . . sometimes to give an account by open speech , and publick writing , of the expence of such taxes and impositions , as he hath received of his subjects , that he may seem to be a good husband and frugal , and not a robbe of the common-wealth . . to that end , to bestow some cost upon publick buildings , or some other work for the common good , especially upon the ports , forts , and chief cities of his realm , that so he may seem a benefactour , & have a delight in the adorning of his country , or doing some good for it . . to forbid feastings , and other meetings , which increase love , and give opportunity to confer together of publick matters , under pretence of sparing cost for better uses , to that end the curficu bell was first ordained by william the conquerour , to give men warning to repair home at a certain hour . . to take heed that no one grow to be over-great , but rather , many equally great , that they may envy , and contend one with another ; and if he resolve to weaken any of this sort , to do it warily and by degrees ; if quite to wreck him , and to have his life , yet to give him a lawfull tryal , after the manner of his country ; and if he proceed so far with any or great power and estimation , as to do him contumely , or disgrace , not to suffer him to escape , because contumely and disgrace , are things contrarie unto houour , which great spirits do most desire , and so are moved rather to a revenge for their disgrace , than to any thankfulnesse , or acknowledging the princes favour for their pardon or dismission : true in ath●ists , but not in true christian nobility . . to unarm his people , and store up their weapons , under pretence of keeping them safe , and having them ready when service requireth . and then to arm with them such , and so many as he shall think meet , and to commit them to such as are sure men . . to make schism or division under hand among his nobility , and betwixt the nobility and the people , and to set one rich man against another , that they combine not together , and that himself by hearing the griefs and complaints , may know the secrets of both parts , and so have matter against them both , when it listeth him to call them to an account . . to offer no man any contumely or wrong , specially , about womens matters , by attempting the chastity of their wives or daughters , which hath been the ruin of many tyrants , and conversion of their states . as of tarquinius , by brutus , appius , by virginius , pisistratus , by harmodius , alexander medices , duke of florence , aloisus of placen●●a , rodericus , king of spain , &c. . to that end , to be moderate in his pleasures , or to use them closely that he be not seen ; for that men sober , or watchfull , or such as seem so , are not lightly subject to contempt , or conspiracies of their own . . to reward such as atchieve some great or commendable enterprize ; or do any speciall action for the common-wealth , in that manner as it may seem , they could not be better regarded , in case they lived in a free-state . . all rewards and things gratefull , to come from himself , but all punishments , exactions , and things ungratefull , to come from his officers , and publick ministers ; and when he hath effected what he would by them , if he see his people discontented withall , to make them a sacrifice to pacifie his subjects . . to pretend great care of religion , and of serving god , ( which hath been the manner of the wickedest tyrants ) for that people do less fear any hurt from those , whom they do think virtuous and religious , nor attempt likely to do them hurt , for that they think that god protects them . . to have a strong and sure guard of forreign souldiers , and to bind them by good turns , that they having at least profit , may depend upon him and the present state ; as caeligula , the german guard , where the nobility are many and mighty . the like is practised by lawfull kings , as by the french king. . to procure that other great persons be in the same fault , or case with them , that for that cause they be forced to defend the tyrant , for their own safetie . . to take part , and to joyn himself with the stronger part ; if the common people , and mean degree be the stronger , to joyn with them ; if the rich and noble , to joyn with them . for so that part with his own strengh , will be ever able to overmatch the other . . so to frame his manners and whole behaviour , as that he may seem , if not perfectly good , yet tolerably evil , or somewhat good , somewhat bad . these rules of hypocriticall tyrants are to be known , that they may be avoided , and met withall , and not drawn into imitation . preservation of an aristocracie . rules to preserve a senatory state , are partly taken from the common axioms , and partly from those that preserve a kingdom . preservation of an oligarchie , by sophisms . rules . . in consultations and assemblies about publick affairs , to order the matter , that all may have liberty to frequent their common assemblies , and councels ; but to impose a fine upon the richer sort , if they omit that duty . on the other side , to pardon the people , if they absent themselves , and to bear with them under pretence , that they may the better intend their occupations , and not be hindered in their trades , and earnings . . in election of magistrates , and officers : to suffer the poorer sort to vow , and abjure the bearing of office , under colour of sparing them , or to enjoyn some great charge , as incident to the office , which the poor cannot bear . but to impose some great fine upon those that be rich , if they refuse to bear office , being elect unto it . . in judiciall matters : in like manner to order , that the people may be absent from publick trials , under pretence of following their businesse . but the richer to be present , and to compel them by fines , to frequent the court. . in warlike exercise and arms : that the poor be not forced to have armor , horse , &c. under pretence of sparing their cost , nor to be drawn from their trades by martiall exercises ; but to compel the richer sort to keep their proportion of armor , horse , &c. by excessive fines , and to exercise themselves in war-like matters , &c. . to have special care of instructing their children in liberal arts , policy , and warlike exercise , and to observe good order and discipline . for as popular states are preserved by the frequency , and liberty of the people , so this government of the richer , is preserved by discipline , and good order of governours . . to provide good store of warlike furniture , especially of horse & horsemen , and of armed men , viz. pike , &c. which are proper to the gentry , as shot , and light furniture are for a popular company . . to put in practise some points of a popular state ; viz. to lade no one man with too much preferment ; to make yearly or half years magistrates , &c. for that the people are pleased with such things , and they are better secured by this means from the rule of one . and if any grow to too much greatness , to abate him by the sophisms fit for this state. . to comit the offices and magistracies , to those that are best able to bear the greatest charges for publick matters , which both rendeth to the conservation of this state , and pleaseth the people , for that they reap some relief , and benefit by it . . to the same end , to contract marriages among themselves ; the rich with the rich , &c. in some things which concern not the p●i●ts , and matters of state , as electing magistrates , making laws , &c. to give an equality , or sometimes a preferment to the common people , and not to do , as in some oligarchies they were wont ; viz. to swear against the people , to suppresse and bridle them but rather contrary , to minister an oath at their admission , that they shall do no wrong to any of the people ; and if any of the richer offer wrong to any of the commons , to shew some example of severe punishment . for other atioms that preserve this state , they are to be borrowed from those other rules that tend to the preserving of a popular , and tyrannicall state ; for the strict kind of oligarchie is kin to a tyranny . preservation of a popular state ; sophisms . rules or axiom . . in publick assemblies and consultations about matters of state , creating of magistrates , publick iustice , & exercise of arms , to practise the contrary to the former kind of government , to wit , an oligarchie . for in popular states , the commons and meaner sort are to be drawn to those assemblies , magistrates , offices , warlike exercise , &c. by mulcts and rewards , and the richer sort are to be spared , and not to be forced by fine , or otherwise , to frequent these exercises . . to make shew of honouring and reverencing the richer men , and not to swear against them , as the manner hath been in some popular state ; but rather to prefer them in all other matters , that concern not the state and publick government . . to elect magistrates from among the commons by lot , or ballating , and not to choose any for their wealths sake . . to take heed , that no man bear office twice , except it be military , where the pay , & salary , &c. is to be reserved in their own hands , to be disposed of by a common councel , &c. and to see that no man be too highly preferred . . that no magistracy be perpetual , but as short as may be , to wit , for a year , half a year , &c. . to compel magistrates , when their time expireth , to give an accompt of their behaviour and government , and that publickly before the commons . . to have publick salaries and allowance of their magistrates , judges , &c. and yearly dividents for the common people , and such as have most need among them . . to make judges of all matters out of all sorts , so they have some aptness to perform that duty . . to provide that publick iudgements and trials be not frequent ; and to that end to inflict great fines and other punishments upon pettifoggers and dilators , as the law of requital , &c. because for the most part the richer and nobler , and not the commons are indited and accused in this common-wealth , which causeth the rich to conspire against the state ; whereby many times the popular state is turned into an oligarchie , or some other government . hereto tendeth that art of civil law , made against accusers and calumniatours : ad senatus-consultum tarpthanum , l. . de calumniatoribus . . in such free states as are popular , and have no revenue , to provide that publick assemblies be not after : because they want salary for pleaders and oratours ; and if they be rich ; yet to be wary , that all the revenue be not divided amongst the commons . for , that this distributions of the common revenue among the multitude , is like a purse or barrel without a bottom . but to provide , that a sufficient part of the revenue be stored up for the publick affairs . . if the number of the poor encrease too much in this kind of state , to send some abroad out of the cities into the next countrey places , and to provide above all , that none do live idely , but be set to their trades . to this end , to provide that the richer men place in their farms and coppie holds , such decayed citizens . . to be well advised what is good for this state , and not to suppose that to be fit for a popular state , that seemeth most popular ; but that which is be for the continuance thereof : and to that end , not to lay into the exchequer or common treasury , such goods as are confiscate , but to store them up as holy and consecrate things , which except it be practised , confiscations , & fines of the common people would be frequent , and so this state would decay by weakening the people . conversion of states in general . conversation of a state , is the declining of the common wealth either to some other form of government , or to his full and last period appointed by god. causes of conversions of states are of two sorts : general and particular . general , ( viz. ) . want of religion : viz. of the true knowledge and worship of god , prescribed in his word ; and notable sins that proceed from thence in prince and people , as in the examples of s●u● , ●lizz●ah , the iewish state ; the four monarchies , and all other . . want of wisdom and good councel to keep the state , the prince , nobles , and people in good temper , and due proportion , according to their several order and degrees . . want of iustice either in administration ( as ill laws , or ill magistrates ) or in the execution , as rewards not given where they should be , or there bestowed where they should not be , or punishments not inflicted where they should be . want of power and sufficiency to maintain and defend it self , viz. of provision , as armor , money , captains , souldiers , &c. execution , when the means or provision is not used , of all used . . particular : to be noted and collected out of the contraries of those rules , that are prescribed for the preservation of the common-wealth . particular causes of conversion of states , are of two sorts . . forreign : by the over greatness of invasion of some forreign kingdom or other state of meaner power , having a part within our own , which are to be prevented by the providence of the chief , and rules of policy for the preserving of every state : this falleth out very seldom for the great difficulty to overthrow a forreign state. . domestick . sedition or open violence by the stronger part . alteration without violence . sedition . sedition is a power of inferiours opposing it self with force of armes against the superiour power , quasi ditio secedens . causes of sedition are of two sorts . . general liberty . riches . when they , that are of equal qualitie in a common-wealth , or do take themselves so to be , are not regarded equally in all or in any of the these three . or , when they are so unequal in quality , or take themselves so to be , are regarded but equally , or with less respect than those that be of less defect in these three things , or in any of them . honour . . in the chief : couetousness or oppression , by the magistrate or higher power , ( viz. ) when the magistrates , especially the chief , encreaseth his substace & revenue beyond measure , either with the publick or ( private calamitie , whereby the governours grow to quarrel among themselves as in oligarchie ) or the other degrees conspite together , and make quarrel against the chief , as in kingdoms : the examples of ●at tyl●r , jack straw , &c. . in the ●●●●f : injury , when great spirits , and of great power , are greatly wronged & dishonoured , or take themselves to be , as coriolanus , cyrus minor , earl of warwick . in which cases the best way is to decide the wrong . . preferment , or want of preferment ; wherein some have over-much , and so wax proud and aspire higher or have more or lesse , than they deserve , as they suppose , and so in envy and disdain , seck innovation on by open faction , so caesar , &c. . some great necessity or calamity ; so xerxes after the foil of his great army . and senacherib after the losse of . in one night . . particular . . envy , when the chief exceed the mediocrity before mentioned , and so provoketh the nobility , and other degrees , to conspire against him ; as brutus cassius , &c. against caesar. . fear , viz. of danger when one or more dispatch the prince by secret practice or force , to prevent his own danger , as artabanus did xerxes . . lust or lechery , as tarquinius , superbus , by brutus ; pisistrati●●ae , by armoaius ; appiu● by virginiu● . . contempt , for vile quality & base behaviour , as sardana●alus , by ●●aces , dionysius the younger by dion . . contumely ; when some great disgrace is done to some of great spirit , who standeth upon his honour and reputation , as caligula by chaereas . . hope of advancement , or some great profit , as mithridates , anobar●anes alteration without violence . causes of alteration without violence are ; . excess of the state ; when by degrees the state groweth from that temper and mediocrity wherein it was , or should have been setled , and exceedeth in power , riches , and absoluteness in his kind , by the ambition & covetousness of the chiefe immoderate taxes , and impositions , &c applying all to his own benefit , without respect of other degrees & so in the end changeth it self into another state or form of government , as a kingdom into a tyrannie , an oligarchy into an aristocracy . . excess , of some one or more in the common-wealth ; viz. when some one or more in a common-wealth grow to an excellency or excesse above the rest , either in honour , wealth , or virtue ; and so by permission and popular favour , are advanced to the sovereignty : by which means , popular states grow into oligarchies ; and oligarchies and aristocracies into monarchies . for which cause the athenians and some other free states , made their laws of ostro●ismos , to banish any for a time that should excell , though it were in virtue , to prevent the alteration of their state ; which because it is an unjust law , 't is better to take heed as the beginning to prevent the means , that none should grow to that heigth and excellency , than to use so sharp and unjust a remedy . finis . a method , how to make use of the book before , in the reading of the storie . david being seventy years of age , was of wisdome , memory , &c. sufficient to govern his kingdom ; . reg. cap. . old age is not ever unfit for publick government . david being of great years , and so having a cold , dry , and impotent body , married with abishag , a fair maid , of the best complexion through the whole realm , to revive his body and prolong his life , . reg. chap. . vers . . example of the like practise in charles the fifth . david being old and impotent of bodie , by the advise of his nobles and phisitians , married a young maid called abishag , to warm and preserve his old bodie . observation . whether david did well in marrying a maid ? and whether it be lawfull for an old decayed and impotent man , to marrie a young woman ; or on the other side , for an old , worn , and decrepite woman , to marrie a young and lustie man. for the affirmative . arg. the end of marriage is society and mutual comfort ; but there may be societie and mutual comfort in a marriage betwixt an old , and young partie ergo 'tis lawful . answ. societie and comfort is a cause & effect of marriage ; but none of the principal ends of marriage : which are : . procreation of children , and so the continuance of mankind . . the avoiding of fornication . as for comfort and societie they may be betwixt man and man , woman and woman , where no marriage is , and therefore no proper ends of marriage . the negative , arg . that conjunction , which hath no respect to the right and proper ends , for which marriage was ordained by god , is no lawfull marriage . but the conjunction betwixt an old impotent , and young partie hath no respect to the right end , for which marriage was ordained by god. therefore it is no lawful marriage . . no contract , wherein the partie contracting , bindeth himself to an impossible condition , or to do that which he cannot do , is good or lawfull . but the contract of marriage by an impotent person with a young partie , bindeth him to an impossible condition to do that which he cannot do , viz. to perform the duties of marriage ; therefore it is unlawfull , for the same cause , the civil law determineth a nullity in these marriages , except the woman know before the infirmitie of the man , in which case she can have no wrong , being a thing done with her own knowledge and consent , because volenti non fit injuria : — in legem julian . de adulteriis leg . si uxor , &c. it provideth further , for the more certainty of the infirmatie , that three years be expired before the dissolution of the marriage , because that men that have been infirm at the first , by reason of sicknesse , or some other accident , afterwards proved to be sufficient : de repudiis leg , in causis . defence for david , in marrying abishag . it was rather a medicine , than a marriage , without any evil , or disordered affection . . it was by the perswasion of his nobles , and physitians . . it was for the publick good , to prolong the life of a worthy prince . . it was with the knowledge and consent of the young maid , who was made acquainted with the kings infirmity , and to what end she was married unto him ; who if she di● it for the common good , and for ●●●●tes sake , having withall the gift of continency , she is to be commended ; if for ambition , or some vain respect , it is her own , and not davids fault . politicall nobilitie . adonijah aspiring to the kingdom . first , took the advantage of davids affection and kindnesse towards him , and make him secure of any ill dealing . secondly , of his age and infirmities , disabling his father as unfit for government . thirdly , blazed his title , and right to the crown . fourthly , got him chariots , hors-men , and foot men , and a guard to make shew of state. fifthly , being a comly , and goodly person , made a popular shew of himself , and his qualities . sixtly , joyned to himself in faction joab , the generall of the army , who was in displeasure for murthering of abner , and amaza , and feared that david would supply b●najah in his place , and so was discontented . and abiather the high priest , that was likewise discontented with david , for the preferment of zadok . seventhly , bad meetings with them , and other his confederates under pretence of a vow , and offering at the fountain of raguel , in the confines of judea . eigthly , made a shew of religion by sacrificing , &c. ninthly , made himself familiar with the nobles and people , and entertained them with feasting . tenthly , drew into his part the chief officers of the court , and servants to the king , by rewards , familiarity , &c. eleventhly , disgraced and abased the competitour , and such as he knew would take part with him , and concealeth his ambition , and purpose from them . twelfthly , had ionathan a favourite of the court , and near about the king to give him intelligent , if any thing were discovered , and moved at the court , whilest himself was in hand about his practise . observations . ways of such as aspire to the kingdom , and marks to discern them . first , they wind into the princes favour by service , officiousnesse , flatterie , &c. to ●lant him in a good o●●●●on of that loyaltie and faithfulnesse , hereby to make him him secure of their practises . . they take advantage of the princes infirmities , age , impotencie , negligence , sex , &c. and work upon that be disabling the prince , and secret detracting of his state , and government . . they blaz their title , and claim to the crown , ( if they have any with their friends and favourites . . they provide them in secret of extraordinarie forces , and furniture for the wars , make much of god souldiers and have a pretence ( if it be espied ) of some other end , as for the kings honour , or service , and to be in readinesse against forreign enemies , &c. they make open shew of their best qualities , and comlinesse of their persons ( which though it be vain as a dumb shew , it is very effectuall to win the liking of the popular sort , which according to the rule of the election of kings , in the b●es common wealth ; think that forma est digna imperare ) activitie , nobilaie , ancestrie , &c. to have their blazers abroad to see out their virtues , and to prepare their friends in every province . . to draw into their part , and make sure unto them of the chief peers , and men of best quality , such as are mightiest and most gracious with the souldiers , and the militarie men , and most subtile and politick , especially such as be ambitious and discontent with the state. . to have meetings for conference under some pretence of some ordinarie matter in some convenient place , not too near , nor too far off but where friends may best resort and assemble unto them without suspition . . to take up a shew , and pretence of religion more than before , and beyond the practise of their former life . they use popular courtesie ( which in a great person is very effectuall ) feasting , liberality , gaming , &c. . to be over liberal , & win to them by gifts familiaritie , &c. the chief officers of the court , and governours of state. . to have some near about the prince , to keep them in credit , and common suspition , if any arise . . to disgrace such as they know to be sure and faithfull to the prince , & present state , or to the competitour , and to bring them into contempt by slander , detraction , and all means they can , and to conceal the designs from them , left they be discovered before they be too ripe . . to have some spie near about the prince , to advertise them if any inckling suspition arise , whilest themselves are practising . note the practises of absolom , sam. . and of cyrus minor in xenophon ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cap. . politicall prince . david being a most worthy and excellent prince for wisdom , valour , religion , and justice , and so highly deserving of the common-wealth , yet grown into age , grew withall into contempt , & had many both of his nobles , & common people , that fell from him ; first with absolom , then with adoniiab , who affected the kingdom , and rebelled against him : for remedie whereof , he stirred up himself to publick actions , which might shew his vigour & sufficiencie to manage the affairs of his kingdom . . after the victorie against absolom , he forced himself to forbes mourning , and shewed himself to his discontented army , when all were like to fall from him , for his unreasonable sorrow and lamentation for his son. . after the victorie , he caused a general convention to be assembled of the whole nation , to bring him home with honour to jerusalem , which was a renowing , and re-establishing of him , sam. . . . he gave an experiment of his power and authoritie , by deposing a person of great author 〈…〉 estimation , to wit ioab , general captain of the armie , and advancing amasa to his place . he sent kind pssages to ierusalem , and to other chief and head towns , and special men of iudea , his contributes , puting them of their alliance with him with these word , that they were of his own flesh and bloud , with protestarian of his special love and affection towards them , 〈…〉 them with the like kindness 〈…〉 towards him . . he ●●mbled a parliament of his 〈◊〉 〈◊〉 〈◊〉 , and took occasion upon the ●●●●g●●ing of his successour , to commend into them he succession of his house , into the con●inuance and maintenance of gods ●●●mor in and ●●● good the established and gave a gr●ve and publick charge to his su●cessour n●w designed , ●uc●ing the manner of his government , and maintaining of religion , . chron. . . . he feared his 〈…〉 and munificence in congesting matter for building of the temple , as gold , silver , brasse , &c. and caused it to be published and mad known to the parliament and whole nation , . chron. . . . he revived the church government , and set it in a right order , assigning to every church officer his place and function . . he suppressed the faction of adonijah , and ordained solomon his successor , kings . . by these means he retained his majestie and authority in his old age , as appeareth by the effect ; for that being bed rid , he suppressed the faction of adonijah , ( which was grown mighty , and was set on foot ) with his bare commandment , and signification of his pleasure , and so be died in peace . finis . sir walter raleigh's instrvctions to his sonne : and to posteritie . corrected , & enlarged according to the authours own copie . london , printed for w. shears junior , and are to be sold at the blue bible in covent-garden . . sir walter raleigh , to his son . chap. i. virtuous persons to be made choice of for friends . there is nothing more becomming any wise man , than to make choice of friends , for by them thou shalt be judged what thou art : let them therefore be wise and virtuous , and none of those that follow thee for gain ; but make election ra● the of thy betters , than thy inferiours , shunning always such as are poore and reedy : for of thou givest twenty gifts , and refuse to do the like but once , all that thou hast done will be lost , and such men will becom thy mortal enemies : take also especial care , that thou never trust any friend or servant , with any matter that may endanget thme estate ; for so shalt thou make thy felt a bond-slave to him that thou t●●●●●● and leave thy self always , to his mercy : and be sure of this , thou shalt never find a friend in thy young years , whose conditions and qualities will please thee after thou comest to more discretion and judgement , and then all thou givest is lost , and all wherein thou shalt trust such a one , will be discovered . such therefore as are thy inferiours , will follow thee but to eate thee out , and when thou leavest to seed them , they wil hate thee ; and such kind of men , if thou preserve thy estate , will always be had : and if thy friends be of better quality than thyself , thou mayest be sure of two things : the first , that they will be more carefull to keep thy counsel , because they have more to loethen thou hast : the second , they will esteem thee for thy self , and not for that which thou doest possesse ; but if thou be subject to any great vanity or ill ( from which i hope god will blesse thee ) then therein trust no man ; for every mans folly ought to be his greatest secret and although i perswade thee to associate thy self with thy betters , or at least with thy peers , yet remember always that thou venter not thy estate with any of those great ones , that shall attempt unlawfull things , for such men labour for themselves , and not for thee ; thou shalt be sure to part with them in the danger , but not in the honour ; and to venture a sure estate in present , in hope of a better in future , is meer madnesse : and great men forget such as have done them service , when they have obtained what they would , and will rather hate thee for saying thou hast been a mean of their advancement , than acknowledge it . i could give thee a thousand examples , and i my self know it , and have tasted it in all the course of my life ; when thou shalt read and observe the stories of all nations , thou shalt find innumerable examples of the like : let thy love therefore be to the best , so long as they do well ; but take heed that thou love god , thy countrey , thy prince , and thine own estate , before all others : for the fancies of men change , and he that loves to day , hateth to morrow ; but let reason be thy school-mistresse , which shall ever guide thee aright . chap. ii. great care to be had in the choosing of a wife . the next and greatest care ought to be in the choice of a wife , and the onely danger therein , is beauty , by which all men in all ages , wise and foolish , have been betrayed . and though i know it vain to the reasons or arguments , to disswade thee from being captivated therewith there being few or none , that ever resisted that witchery ; yet i cannot ●●me to warn thee , as of other things , which may be thy ruin and destruction . for the present time , it is true , that every 〈◊〉 prefers his fantasie in that 〈…〉 before all other worldly des 〈…〉 the care of honour , credit , and safety in respect thereof ; but remember , that though these affections do not last , yet the bond of marriage dureth to the end of thy life ; and therefore better to be borne withall in a mistress , than in a wife , for when thy humour shall change , thou art yet free to chuse again ( if thou give thy self that vain liberty . ) remember secondly , that if thou marry for beauty , thou bindest thy self for all thy life for that , which perchance will neither last nor please thee one year ; and when thou hast it , it will be to thee of no price at all , for the degree dieth when it is attained , & the affection perisheth , when it is satisfied . remember , when thou wert a sucking child , that then thou didst love thy nurse , and that thou wert fond of her , after a while thou didst love thy drienurse , and didst forget the other , after that thou didst also despise her ; so will it be with thee in thy liking in elder years ; and therefore , though thou canst not forbear to love , yet forbear to link , and after a while thou shalt find an alteration in thy self , & see another far more pleasing than the first , second , or third love : yet i wish thee above all the rest , have a care thou dost not marry an uncomely woman for any respect ; for comelinesse in children is riches , if nothing else be left them . and if thou have care for the races of horses , and other beasts , value the shape and comelinesse of thy children , before alliances or riches : have care therefore of both together , for if thou have a fair wife , and a poor one , if thine own estate be not great , assure thy self that love abideth not with want ; for she is thy companion of plenty and honour , for i never yet knew a poor woman exceeding fair , that was not made dishonest by one or other in the end . this b●●●sh●●● taught her son s●lomon ; favour is de●●●tfull , and beauty is ●●an t●● : she saith further , that a wise woman ove●seeth the ways of our houshold , and cat●th use the bread of ●●lenesse have therefore ever more care , that thou be beloved of thy wife , rather than thy self besotted on her ; and thou shalt judge of her love by these two observations : first , if thou perceive she have care of thy estate , and exercise her self therein ; the other , if she study to please thee , and be sweet unto thee in conversation , without thy instruction , for love needs no teaching , nor precept . on the other side , be not sower or stern to thy wife , for cruelty engendereth no other thing than hatred : let her have equall part of thy estate whilest thou livest , it thou find her sparing and honest ; but what thou givest after thy death , remember that thou givest it to a stranger , and most times to an enemy , for he that shall marry thy wife , will despise thee , thy memory , and thine , and shall possesse the quiet of thy labours , the fruit which thou hast planted , enjoy thy love , and spend with joy and ease what thou hast spared , and gotten with care and travel : yet always remember that thou leave not thy wife to be a shame unto thee after thou art dead , but that she may live according to thy estate ; especially , if thou hast few children , and them provided for . but howsoever it be , or whatsoever thou find , leave thy wife no more than of necessity thou must , but onely during her widowhood ; for if she love again , let her not enjoy her second love in the same bed wherein she loved thee , nor fl●e to future pleasures with those feathers which death hath pulled from thy wings ; but leave thy estate to thy house and children , in which thou livest upon earth whilest it lasteth . to conclude , wives were ordained to continue the generation of men , not to transferre them , and diminish them , either in continuance or ability ; and therfore thy house and estate , which liueth in thy son , and not in thy wife , is to be preferred . let thy time of marriage be in thy young and strong years ; for believe it , ever the young wife betrayeth the old husband , and she that had thee not in thy flower , will despise thee in thy fall , and thou shalt be unto her but a captivity and sorrow . thy best time will be towards thirty , for as the younger times are unfit , either to chuse or to govern a wife and family ; so if thou stay long , thou shalt hardly see the education of thy children , which being left to strangers , are in effect lost , and better were it to be unborn , than ill bred ; for thereby thy posterity shall either perish , or remain a shame to thy name and family . furthermore , if it be late ere thou take a wife , thou shalt spend the prime and summer of thy life with harlots , destroy thy health , impoverish thy estate , and endanger thy life ; and be sure of this , that how many mistresses soever thou hast , so many enemies thou shalt purchase to thy self ; for there never was any such affection , which ended not in hatred or disdain . remember the saying of solomon , there is a way which seemeth right to a man , but the issues thereof are the wages of death ; for howsoever a lewd woman please thee for a time , thou wilt hate her in the end , and she will study to destroy thee . if thou canst not abstain from them in thy vain and unbridled times , yet remember that thou sowest on the lands & dost mingle the vital bloud with corruption , and purchasest diseases , repentance , and hatred onely . bestow therefore thy youth so , that thou mayest have comfort to remember it , when it hath forsaken thee and not sigh and grieve at the account thereof : whilest thou art young thou wile think it will never have an end ; but behold , the longest day hath his evening , and that thou shalt enjoy it but once , that it never turns again , use it therefore as the spring time , which soon departeth , and wherein thou oughtest to plant , and sow all provisions for a long and happy life . chap. iii. wisest men have been abused by flatterers . take care thou be not made a fool , by flatterers , for even the wisest men are abused by these . know therefore , that flatterers are the worst kind of traitours ; for they will strengthen thy imperfections , encourage thee in all evil , correct thee in nothing , but so shadow and paint all thy vices , and follies , as thou shalt never , by their will , discern evil from good , or vice from virtue . and because all men are apt to flatter themselves , to entertain the additions of other mens praises is most perillous . do not therefore praise thy self , except thou wile be counted a vain glorious fool , neither take delight in the praises of other men except thou deserve it , and receive it from such as are worthy and honest , and will withall warn thee of thy faults ; for flatterers have never any virtue , they are ever base , creeping , cowardly persons . a flatterer is said to be a beast that biteth smiling , it is said by isaiah in this manner : my people , they that praise thee seduce thee , and disorder th● paths of thy feet ; and david desired god to cut out the tongue of a flatterer . but it is hard to know them from friends , so are they obsequious and full of protestations ; for as a wolf resembles a dog , so doth a flatterer a friend . a flatterer is compared to an ape , who because she cannot defend the house like a dog , labour as an ox , or bear burdens as a horse , doth therefore yee play tricks , and prouoke laughter : thou mayest be sure that he that will in private tell thee thy faults , is thy friend , for he adventures thy mislike , and doth hazard thy hatred ; for there are few men that can endure it , every man for the most part delighting in self-praise , which is one of the most uniuersall follies which bewitcheth mankind . chap. iv. private quarrels to be avoided . be carefull to avoid publick disputations at feast , or at tables , among cholerick or quarrelsom persons ; and eschew evermore to be acquainted or familiar with ruffians , for thou shalt be in as much danger in contending with a brawler in a private quarrel , as in a battel , wherein thou mayest get honour to thy self and safety to thy prince and countrey ; but if thou be once engaged , carry thy self bravely , that they may fear thee after . to shun therefore private fight , be well advised in thy words and behaviour , for honour and shame is in the talk , and the tongue of a man causeth him to fall . iest not openly at those that are simple , but remember how much thou art bound to god , who hath made thee wiser . defame not any woman publickly , though thou know her to be evil ; for those that are faulty cannot endure to be taxed but will seek to be avenged of thee , and those that are not guilty cannot endure unjust reproch . and as there is nothing more shamefull and dishonest , than to do wrong , so truth it self cutteth his throat that carrieth her publikly in every place . remember the divine , saying , he that keepeth his mouth , keepeth his life . do therefore right to all men where it may profit them , and thou shalt thereby get much love , and forbear to speak evil things of men , though it be tru● ( if thou be not constrained ) and thereby thou shalt avoid malice and revenge . do not accuse any man of any crime , if it be not to save thy self , thy prince , or countrey , for there is nothing more dishonourable ( next to treason it self ) than to be an accuser notwithstanding i would not have thee for any respect loose thy reputation , or endure publick disgrace , for better it were not to live , than to live a coward , if the offence proceed not from thy selfe ; if it do , it shall be better to compound it upon good terms , than to hazard thy self ; for if thou overcome , thou art vnder the cruelty of the law , if thou art overcome , thou art dead or dishonoured . if thou therefore contend , or discourse in argument ; let it be with wise and sober men , of whom thou mayest learn by reasoning , and not with ignorant persons , for thou shalt thereby in trust those that will not thank thee , and utter , what they have learned from thee , for their own . but if thou know more that other men , utter it when it may do thee honour , and not in assemblies of ignorant and common persons . speaking much also , is a sign of vanity ; for he that is lavish in words , is a niggard in deeds ; and as solomon saith , the mouth of a wise men is in his heart , the heart of a fool is in his mouth , because what he knoweth or thinketh , he uttereth : and by thy words and discourses , men will judge thee . for as socrates saith , such as thy words are , such will thy affections be esteemed ; and such will thy deeds as thy a●●ct●●●s , and such thy life as thy deeds . therefore be advised what thou dost discourse of , what thou maintainest ; whether touching religion , state , or vanity ; for it thou erie in the first , thou shalt be accounted profane ; if in the second , dangerous ; if in the third , indiscreet and foolish : he that cannot refrain from much speaking , is like a citie without walls , and lesse pains in the world a man cannot take , than to hold his tongue ; therefore , if thou observest this rule in all assemblies , thou shalt seldom erre ; restrain thy choller , hearken much , and speak little ; for the tongue is the instrument of the greatest good and greatest evil that is done in the world . according to solomon , life and death are in the power of the tongue : and as euripide , truly affirmeth , every unbrialed tongue , in the end shall find it self unfortunate ; for in all that ever i observed in the course of worldly things , i ever found that mens fortunes are oftner made by their tongues than by their virtues , and more mens fortunes overthrown thereby also , than by their vices . and to conclude , all quarrels , mischief , hatred , and destruction , ariseth from unadvised speech , and in much speech there are many errours , out of which thy enemies shall ever take the most dangerous advantage . and as thou shalt be happy , if thou thy self observe these things , so shall it be most profitable for thee to avoid their companies that erre in that kind , and not to hearken to tale-bearers , to inquisitive persons , and such as busie themselves with other mens estates , that creep into houses as spies , to learn news which concerns them not ; for assure thy self such persons are most base and unworthy , and i never knew any of them prosper , or respected amongst worthy or wise men . take heed also that thou be not found a liar ; for a lying spirit is hatefull both to god and man. a liar is commonly a coward ; for he dares not avow truth . a liar is trusted of no man he can have no credit , neither in publick nor private ; and if there were no more arguments than thee , know that our lord in s. john saith that it is a vice proper to satan , lying being opposite to the nature of god , which consisteth in truth ; and the gain of lying is nothing else , but not to be trusted of any , nor to be believed when we say the truth . it is said in the proverbs , that god hateth false lips ; and he that speaketh lips , shall perish . thus thou mayest see and find in all the books of god , how odious and contrary to god a liar is ; and for the world , believe it , that it never did any man good ( except in the extremity of saving life ; ) for a liar is of a base , unworthy , and cowardly spirit . chap. v. three rules to be observed for the preservation of a mans estate . amongst all other things of the world , take care of thy estate , which thou shalt ever preserve , if thou observe three things ; first , that thou know what thou hast , what every thing is worth that thou hast , and to see that thou art not wasted by thy servants and officers . the second is , that thou never spend any thing before thou have it ; for borrowing is the canker and death of every mans estate . the third is , that thou suffer not thy self to be wounded for other mens faults , and scourged for other mens offences ; which is , to be surety for another ; for thereby millions of men have been beggered and destroyed , paying the reckoning of other mens riot , and the charge of other mens folly and prodigality ; if thou smart , smart for thine own sins , and above all things , be not made an ass to carry the burdens of other men : if any friend desire thee to be his surety , give him a patt of what thou hast to spare , if he press thee farther , he is not thy friend at all , for friendship rather chooseth harm to it self , than offereth it : if thou be bound for a stranger , thou art a fool ; if for a merchant , thou puttest thy estate to learn to swim : if for a church-man , he hath no inheritance : if for a lawyer , he will find an evasion by a syllable or word , to abuse thee : if for a poor man , thou must pay it thy self : if for a rich man , it need not : therefore from suretiship , as from a man slayer , or enchanter , bless thy self ; for the best profit and return wil be this , that if thou force him for whom thou art bound , to pay it himself , he will become thy enemy , if thou use to pay it thy self , thou wilt be a beggar ; and believe thy father in this , and print it in thy thought , that what virtue soever thou hast be it never so manifold , if thou be poor withall , thou , and thy qualities shall be despised : besides , poverty is oft times sent as a curse of god , it is a shame amongst men , an imprisonment of the mind , a vexation of every worthy spirit ; thou shalt neither help thy self nor others , thou shalt drown thee in all thy virtues , having no means to shew them , thou shalt be a burthen , and an eye-sore to thy friends , every man will fear thy company , thou shalt be driven basely to beg , and depend on others , to flatter unworthy men , to make dishonest shifts ; and to conclude , poverty provokes a man to do infamous and detested deeds : let no vanity therefore , or perswasion draw thee to that worst of wordly miseries . if thou be rich , it will give thee pleasure in health , comfort in sickness , keep thy mind and body free , save thee from many perils , relieve thee in thy elder years , believe the poor , and thy honest friends , and give means to thy posterity to live , and defend themselves , and thine own fame , where it is said in the proverbs , that he shall be sore vexed that is surety for a stranger , and he that hateth suretiship is sure . it is further said , the poor is hated even of his own neighbour , but the rich have many friends . lend not to him that is mightier than thy self , for if thou lendest him , count it but lost ; be not surety above thy power , for if thou be surety , think to pay it . chap. vi. what sort of servants are fittest to be entertained . let thy servants be such as thou mayest command , and entertain none about thee but yeomen , to whom thou givest wages ; for those that will serve thee without thy hire , will cost thee treble as much as they that know thy fare : if thou trust any servant with thy purse , be sure thou take his account ere thou sleep ; for if thou put it off , thou wilt then afterwards , for tediousness , neglect it . i my self have thereby lost more than i am worth . and whatsoever thy servant gaineth thereby , he will never thank thee , but laugh thy simplicity to scorn ; and besides , t is the way to make thy servants thieves , which else would be honest . chap. vii . brave rags wear soonest out of fashion . exceed not in the humour of rags and braverie ; for these will soon wear out of fashion : but money in thy purse will ever be in fashion ; and no man is esteemed for gay garments , but by fools and women . chap. viii . riches not to be sought by evil means . on the other side , take heed that thou seek not riches basely , nor attain them by evil means , destroy no man for his wealth , nor take any thing from the poor ; for the crie and complaint thereof will pierce the heavens . and it is most detestable before god , and most dishonourable before worthy men , to wrest any thing from the needy and labouring soul. god will never prosper thee in ought , if thou offend therein : but use thy poor neighbours and tenants well , pine not them and their children , to adde superfluity and needlesse expences to thy self . he that hath pitie on another mans sorrow , shall be free from it himself ; and he that delighteth ●n , and scorneth the misery of another , shall one time or other fall into it himself . remember this precept , he that hath mercy on the poor , tenact unto the lord , and the lord will recom 〈…〉 wh●●● he h●●h given . i do not understand those for poor , which are vagabonds and beggers , but those that labour to live , such as are old and cannot travell , such poor widows and fatherlesse children as are ordered to be relieved , and the poor tenants that travell to pay their rents , and are driven to poverty by mischance , and not by riot or carelesse expences ; on such have thou compassion , and god will blesse thee for it . make not the hungry soul sorrowfull , defer not thy gift to the needy , for if he curse thee in the bitternesse of his soul , his prayer shall be heard of him that made him . chap. ix . what inconveniences happen to such as delight in wine . take especiall care that thou delight not in wine , for there never was any man that came to honour or preferment that loved it ; for it transformeth a man into a beast , decayeth health , poisoneth the breath , destroyeth naturall heat , brings a mans stomach to an artificiall heat , deformeth the face , rotteth the teeth , and to conclude , maketh a man contemptible , soon old , and despised of all wise and worthy men ; hated in thy servants , in thy self and companions ; for it is a bewitching and infectious vice , and remember my words , that it were better for a man to be subject to any vice , than to it , for all other vanities and sins are recovered , but a drunkard will never shake off the delight of beastlinesse ; for the longer it possesseth a man , the more he will delight in it , and the elder he groweth , the more he shall be subject to it ; for it dulleth the spirits , and destroyeth the body , as ivie doth the old tree ; or as the worm that engendereth in the kernel of the nut. take heed therefore that such a curelesse canker possesse not thy youth , nor such a beastly infection thy old age ; for then shall all thy life be but as the life of a beast , and after thy death , thou shalt only leave a shamefull infamy to thy posterity , who shall study to forget that such a one was their father . anacharsis saith , the first draught serveth for health , the second for pleasure , the third for shame , the sourth for madnesse ; but in youth there is not so much as one draught permitted ; for it putteth fire to fire ; and wasteth the naturall heat and seed of generation . and therefore , except thou desire to hasten thine end , take this for a generall rule , that thou never add any artificiall heat to thy body by wine or spice , untill thou find that time hath decayed thy naturall heat , and the sooner thou beginne ● to help nature , the sooner she will forsake thee , and trust altogether to art : who have misfortune , saith solomon who have sorrow and grief , who have trouble wihout fighting , stripes without cause , and faintness of ey●● ? even they that sit or wine , and drain themselves to empty ca●s : plines saith , wine maketh the hand quivering , the eyes waterie , the night unquiet , lewd dreams , a stinking breath in the morning , and an utter forgetfulness of all things . whosoever loveth wine , shall not be trusted of any man ; for he cannot keep a secret . wine maketh a man not onely a beast , but a mad man ; and if thou love it , thy own wife , thy children , and thy friends will despise thee . in drink men care not what they say , what offence they give , they forget comliness , commit disorders ; and to conclude , offend all virtuous and honest company , and god most of all ; to whom we daily pray for health , and a life free from pain : and yer by drunkenness , and gluttony , ( which is the drunkenness of feeding ) we draw on , saith hesiod , a swift , hasty , untimely , cruel , and an infamous old age . and s. augustine describeth drunkenness in this manner : ebrietas est blandus doemon , dulce venenum suave peccatum ; quam , qui habet , seipsum non habet ; quam qui facit , peccatum non facit , sed ipsi est peccatum . drunkenness is a flattering devil , a sweet poison , a plea an t sin ; which whosoever hath , hath not himself , which whosoever doth commit , doth not commit sin , but he himself is wholly sin . innocentius saith , quid turpius ebrioso cut sator in ore , tremor in corpore , qui promit stulta , promit occul●a , cui mens alienatur , facies transformatur , nullum secretum ubi regnat ebrie●as , & quid non aliud designat malum , foecundi calices quem non fecere disertum ? what is filthier than a drunken man to whom there is stink in the mouth , trembling in the bodie ; which uttereth foolish things , and revealeth secret things ; whose mind is alienate , and face transformed ? whom have not plentifull cups made eloquent and talking ? when diogenes saw a house to be sold , whereof the owner was given to drink , i thought at the last , quoth diogenes , he would spue out a whole house ; sciebam inquit , quod domus tandem evomeret . chap. x. let god be thy protectour and directour in all thy actions . now for the world , i know it too well , to perswade thee to dive into the practices thereof , rather stand upon thine own guard against all that tempt thee thereunto , or may practise upon thee in thy conscience , thy reputation , or thy purse ; resolve that no man is wise or safe , but he that is honest . serve god , let him be the authour of all thy actions , commend all thy endeavours to him that must either wither or prosper them , please him with prayer , lest if he frown , ●e confound all thy fortunes and labours , like the drops of rain on the sandy ground : let my experienced advice , and fatherly instructions , sink deep into thy heart . so god direct thee in all his ways , and fill thy heart with his grace . finis . the dutifull advice of a loving son to his aged father . sir , i humbly beseech you , both in respect of the honour of god , your duty to his church , and the comfort of your own soul , that you seriously consider in what tearms you stand ; and weigh your self in a christian ballance ; taking for your counterpoise the judgements of god : take heed in time that the word tekel , written of old against belshazzar , and interpreted by daniel , be not verified in you , whose exposition was , you have been poized in the scale , and found of too light weight . remember that you are now in the waining , and the date of your pilgrimage well nigh expired , and now that it behoveth you to look towards your countrey , your forces languisheth , your senses impair , your body droops , and on every side the ruinous cottage of your faint and feeble flesh , threateneth the fall : and having so many harbirgers of death to premonish you of your end , how can you but prepare for so dreadfull a stranger . the young man may die quickly , but the old man cannot live long : the young mans life by casualty may be abridged , but the old mans by no physick can be long adjourned , and therefore if green years should sometimes think of the grave the thoughts of old age should continually dwell in the same . the prerogative of infancy is innocency ; of child-hood , reverence ; of man-hood , maturity ; and of old age , wisdom . and seeing then that the chiefest properties of wisdom , are to be mindfull of things past , carefull for things present , and provident for things to come : use now the priviledge of natures talent , to the benefit of your own soul , and procure hereafter to be wise in well doing , and watchfull in the fore-sight of future harms . to serve the world you are now unable , and though you were able , yet you have little cause to be willing , seeing that it never gave you but an unhappy welcome , a hurtfull entertainment , and now doth abandon you with an unfortunate fare-well . you have long sowed in a field of flint , which could bring nothing forth but a crop of cares , and afflictions of spirit , rewarding your labours with remorse , and affording for your gain , eternal danger . it is now more than a seasonable time to alter the course of so unthriving a husbandry , and to enter into the efild of gods church , in which , sowing the seed of repentant sorrow , and watering them with the tears of humble contrition , you may hereafter reap a more beneficial harvest , and gather the fruits of everlasting comfort remember , i pray you , that your spring is spent , your summer over-past , you are now arrived at the fall of the leaf ; yea , and winter colours have long since stained your hoary head . be not carelesse ( saith saint augustine ) though our loving lord bear long with offenders ; for the longer he stays , not finding amendment , the sorer he will scourge when be comes to iudgement : and his patience in so long forbearing , is only to lend us respite to repent , and not any wise to enlarge us leisure to sin . he that is tossed with variety of storms , and cannot come to his desired port , maketh not much way , but is much turmoyled . so , he that hath passed many years , and purchased little profit , hath a long being , but a short life : for , life is more to be measured by well doing , than by number of years ; seeing that most men by many days do but procure meny deaths , and others in short space attain to the life of infinite ages ; what is the body without the soul , but a corrupt carkasse ? and what is the soul without god , but a sepulchre of sin ? if god be the way , the life , and the truth , he that goeth without him , strayeth ; and he that liveth without him , dieth ; and he that is not taught by him , erreth . well ( saith saint augustine ) god is our true and chiefest life , from whom to revolt , is to fall ; to whom to return , is to rise ; and in whom to stay , is to stand sure . god is he , from whom to depart , is to die ; to whom to repair , is to revive ; and in whom to dwell , is life for ever . be not then of the number of those that begin not to live , till they be ready to die : and then after a foes desert , come to crave of god a friends entertainment . some there be that think to snatch heaven in a moment , which the best can scarce attain unto in the maintainance of many years ; and when they have glutted themselves with worldly delights , would jump from di●e diet to lazarus crown , from the service of satan , to the solace of a saint . but be you well assured , that god is not so penurious of friends , as to hold himself and his kingdom saleable for the refuse and reversions of their lives , who have sacrificed the principall thereof to his enemies , and their own bruitish lust ; then onely ceasing to offend , when the ability of offending is taken from them . true it is , that a thief may be saved upon the crosse and mercy found at the last gasp : but w●l ( saith s. augustine ) though it be possible , yet it is scarce credible , that he in death should find favour , whose whole life deserved death ; and that the repentance should be more excepted , that more for fear of hell , and love of himself , than for the love of god , and loathsomnesse of sin , crieth for mercy . wherefore , good sir , make no longer delays ; but being so near the breaking up of your mortall house , take time before extremity , to pacifie gods anger . though you suffer the bud to be blasted , though you permitted the fruits to be perished , and the leaves to drie up ; yea , though you let the boughs to wither , and the body of your tree to grow to decay , yet ( alas ) keep life in the root , for fear left the whole tree become fewel for hell fire ; for surely where the tree falleth , there it shall lie , whether towards the south or to the north , to heaven , or to hell ; and such sap as it bringeth forth , such fruit shall it ever bear . death hath alreadie filed from you the better part of your natural forces , and left you now to be lees , and remissalls of your wearyish and dying days . the remainder whereof , as it cannot be long , so doth it warn you speedily to ransom your former losses ; for what is age , but the calends of death ? & what importeth your present weakness , but an earnest of your approaching dissolution ? you are now imbarked in your finall voyage , and not far from the stint and period of your course . be not therefore unprovided of such appurtenances as are behooveful in so perplexed and perrilous a journey ; death it self is very fearfull , but much more terrible in respect of the judgement it summoneth us unto . if you were now laid upon departing bed , burthened with the heavie load of your former trespasses , and gored with the sting and prick of a festered conscience ; if you felt the cramp of death wresting your heart-strings , and ready to make the ruefull divorce between body and soul : if you lay panting for breath , and swimming in a cold and pale sweat , wearied with strugling against your deadly pangs , o what would you give for an hours repentance ; at what rate would you value a days contrition ? then worlds would be worth less in respect of a little respite , a short truce would seem more precious then the treasuries of an empire , nothing would be so much esteemed as a short time of truce , which now by days , and months , and years , is most lavishly misspent . oh how deeply would it wound your woefull heart when looking back into your former life , you considered many hainous and horrible offences committed , many pious works , and godly deeds omitted , and neither of both repented , your service to god promised , and not performed . oh how unconsolably were your case , your friends being fled , your senses affrighted , your thoughts amazed , your memory decayed , and your whole mind agast , and no part able to perform what it should ; but onely your guilty conscience pestered with sin , that would continually upbraid you with many bitter accusations . oh what would you think then , being stopped out of this mortall weed , and turned out both of service and house-room of this wicked world , you are forced to enter into uncouth and strange paths , and with unknown and ugly company , to be convented before a most severe judge , carrying in your conscience your inditement , written in a perfect register of all your misdeeds , when you shall fee him prepared to give sentence upon you , against whom you have so often transgressed , and the same to be your umpire , whom by so many offences you have made your enemie , when not onely the devil , but even the angels would plead against you and your own self , in despight of your self , be your own most sharp appeacher . oh what would you do in these dreadfull exigents , when you saw the ghastly dragon , and huge gulph of hell , breaking out with most fearfull flames , when you heard the weeping , wailing , and gnashing of teeth ; the rage of those hellish monsters , the horrour of the place , the terr●●● of the company , and the eternity of all those torments . would you then think them wise that mould delay into weighty matters , and idlely play away the time allotted , to prevent these intolerable calamities ? would you then count it secure , to nurse ●n your own bosom so many serpents as sins ? and to foster in your soul so many malicious accusers , as mortall and horrible offences ? would you not think one life too little to repent in for so many , and so great iniquities , every one whereof were enough to throw you into those unspeakable and intolerable torments . and why then ( alas ! ) do you not at the least devote that small remnant , and surplusage of those your later days , procuring to make an atonement with god , and to free your soul and conscience from that corruption , which by your fall hath crept into it . those very eyes that behold , and read this discourse , those very ears that are attentive to hear it , and that very understanding that considereth and conceiveth it , shall be cited as certain witnesses of these rehearsed things . in your own body shall you experience these deadly agonies , and in your soul shall you feelingly find these terrible fears ; yea , and your present estate , is in danger of the deepest harms , if you do not the sooner recover your self into that fold and family of gods faithfull servants . what have you gotten by being so long a customer to the world , but false ware , suitable to the shop of such a merchant , whose traffick is toyl , whose wealth is trash , and whose gain is miserie ? what interest have you reaped , that might equall your detriment in grace and virtue ? or what could you find in the vale of tears , that was answerable to the favour of god , with losse whereof , you were contented to but it ? you cannot now be inveigled with the passions of youth , which making a partiality of things , sets no distance between counterfeit and currant , for these are now worn out of force , by tract of time are fallen into reproof , by triall of their folly . oh let not the crazie cowardnesse of flesh and bloud , daunt the prowesse of an intelligent person , who by his wisdom cannot but discern how much more cause there is , and how much more needfull it is to serve god , than this wicked world . but if it be the ungrounded presumption of the mercy of god , and the hope of his assistance at the last plunge ( which indeed is the ordinary lure of the devil ) to reclaim sinners from the pursuit of repentance . alas , that is too palpable a collusion to mislead a found and serviceable man , howsoever it may prevail with sick and ill-affected judgements : who would rely upon eternall affairs , upon the gliding slipperinesse , and running streams of our uncertain life ? who , but one of distempered wits , would offer fraud to the decipherer of all thoughts ; with whom dissemble we may to our cost , but to deceive him , is impossible . shall we esteem it cunning to rob the time from him , and bestow it on his enemies , who keepeth tale of the least minutes , and will examine in the end how every moment hath been imployed . it is a preposterous kind of policie , in any wise conceit to fight against god , till our weapons be blunted , our forces consumed , our limbs impotent , and our best time spent ; and then when we fall for faintness , and have fought our selves almost dead , to presume on his mercy . oh! no , no , the wounds of his most sacred body , so often rubbed , and renewed by our sins and every part and parcel of our bodies so divers , and sundry ways abused , will be then as so many whet-stones and incentives , to edge and exasperate his most just revenge against us . it is a strange piece of art , and a very exorb tant course , when the ship is sound , the pylot well , the marriners strong , the gale favourable , & the sea calm ; to ly idlely at the road , burning so seasonable weather : and when the ship leaketh , the pylot sick , the marriners faint , the storms boysterous , and the seas a turmoyl of outragious surges , then to launch forth , ( hoise up sail ) and set out for a long voyage into a far countrey . yet such is the skill of these evening repenters , who though in the soundness of their health , and perfect use of their reason , they cannot resolve to cut the cables , and weigh the anchour that with-holds them from god. neverthelesse , they feed themselves with a strong perswasion , that when they are astonied , their wits distracted , the understanding dusked , and the bodies and souls wracked , and tormented with the throbs and gripes of a mortall sicknesse ; then forsooth they will begin to think of their weightiest matters , and become sudden saints , when they are scarce able to behave themselves like reasonable creatures . no , no , if neither the canon , civil , nor the common law will allow that man ( perished in judgement ) should make any testament of his temporall substance ; how can he that is animated with inward garboyls of an unsetled conscience , distrained with the wringing fits of his dying flesh , maimed in all his ability , and circled in on every side with many and strange incumberances , be thought of due discretion to dispose or his chiefest jewell , which is his soul ? and to dispatch the whole manage of all eternity , and of the treasures of heaven , in so short of spurt ? no no , they that will loyter in seed-time , and begin to sow when others reap ; they that will riot out their health , and beg●n to cast their accounts when they are scarce able to speak ; they that will slumber out the day , and enter their journey when the light doth fail them ; let them blame their own folly , if they die in debt , and be eternall beggers , and fall head-long into the lap of endlesse perdition . let such listen to s. cyprian's lesson ; let , saith he , the grievousnesse of our sore be the measure of our sorrow ; let a deep wound hive a deep and diligent cure ; let no mans contrition be lesse than his crime . finis . sir raleigh's sceptick . the sceptick doth neither affirm , neither deny any position : but doubteth of it , and opposeth his reasons against that which is affirmed , or denied , to justifie his not-consenting . his first reason ariseth , from the consideration of the great difference amongst living creatures , both in the matter and manner of their generations , and the several constitutions of their bodies . some living creatures are by copulation , and some without it : & that either by fire , as crickets in fornaces ; or corrupt water , as gnats ; or slime , as frogs ; or dirt , as worms ; or herbs , as canker-worms some of ashes , as beetles ; some of trees , as the worms psen●● bred in the wild fig-tree ; some of living creatures putrified , as bees of bulls , and wasps of horses . by copulation many creatures are brought forth alive , as man ; some in the egg , as birds some in an unshapen piece of flesh , as bears . these great differences cannot but cause a divers and contrary temperament , and qualitie in those creatures , and consequently , a great diversity in their phantasie and conceit ; so that they apprehend one and the same object , yet they must do it after a divers manner : for is it not absurd to affirm , that creatures differ so much in temperature , and yet agree in conceit concerning one and the same object ? but this will more plainly appear , if the instruments of sense in the body be observed : for we shall find , that as these instruments are affected and disposed , so doth the imagination conceit that which by them is connexed unto it . that very object which seemeth unto us white , unto them which have the iaundise seemeth pale , and red unto those whose eyes are bloud-shot . forsomuch then as living creatures have some white , some pale , some red eyes why should not one and the same object seem to some white , to some red , to some pale ? if a man rub his 〈◊〉 , the figure of that which he beholdeth seemeth long or narrow ; is it then not likely , that those creatures which have a long and slanting pupill of the eye , as goats , foxes , cats , &c. do convey the fashion of that which they behold under another form to the imagination , than those that have 〈◊〉 〈◊〉 pupils do ? who knoweth not , that a glasse presenteth the outward , 〈…〉 , or greater according to the making of the glasse ? if it be hollow , the object seemeth smaller than it is , if the glasse be crooked , then the object seemeth long and narrow . and glasses there be , which present the head of him that looketh in them , downwards , and the heels upwards . now then , seeing the eye , which is the instrument of sight , in some living creatures is more outward , in some more hollow , in some plain , in some greater , in some lesse ; it is very probable , that fishes man , lions , and dogs , whose eyes so much differ , do not conceive the self same object after the same manner , but diversly , according to the diversitie of the eye , which offereth it unto the phantasie . the same reason holdeth in touching ; for seemeth it not absurd to think , that those creatures which are covered with shels , those which are covered with scales , those which are covered with hairs , and those which are smooth , should all be alike sensible in touching ? and every one of them conveigh the image , or q●ali●ie of the same object which they touch in the very same degree of heat or cold , of driness or moisture , roughness or smoothness , unto the imagination ? so might 't be shewed in hearing : for how can we think that the ear which hath a narrow passage , & the ear which hath an open & wide passage , do receive the same sound in the same degree ? or that the ear whose inside is full of hair , doth hear in the same just measure , that the ear doth whose inside is smooth ? since experience sheweth , that if we stop , or half stop our ears , the sound cometh not to us in the same manner & degree , that it doth if our ears be open . the like may be thought of smelling : for man himself abounding with fleagm , is otherwise affected in smelling , than he is , if the pu●s about the head be f●ll of bloud ; and many things afford a delightfull smell to some living creatures , which smel to other living creatures seemeth not to be so . in the tast the same reason appeareth ; for to a rough and dri-tongue , that everything seemeth bitter ( as in an aga ) which to the moister tongue seemeth not to be so , ●ivers creatures then having tongues drier , or moister , according to their severall temperatures , when they tast the same thing , must needs conceit it to be according as the instrument of their tast is affected , either bitter , or sweet , &c. for even as the hand in the striking of the harp , though the stroak be one , yet causeth a found , sometimes high , sometimes base , according to the quality of the string that is strucken : even so one and the same outward object is diversly judged of , and conceited , according to the several and divers qualities of the instrument of sense , which conveieth it to the imagination . oyntment is pleasing to man ; but beetles and bees cannot abide t. oyl to man is profitable ; but it killeth bees and wasps . cicuta feedeth quails , & henbane sows ; but both of these hurt man. if a man eat ants he is sick ; but the bear being sick , recovereth by eating them . if then one and the very same thing to the red eye seem red , to another pale , and white to another : if one and the same thing , seem not hot or cold , drie or moist , in the same degree to the severall creatures which touch it : if one and the self-same sound seem more thrill to that creature which hath a narrow ear , and more base to him that hath an open ear : if the same thing , at the same time , seem to afford a pleasant and displeasant smell to divers and severall creatures : if that seem bitter in tast to one , which to another seemeth sweet , that to one hurtfull , which to another seemeth healthfull : i may report how these things appear divers to severall creatures , and seem to produce divers effects . but what they are in their own nature , whether red or white , bitter or sweet , healthfull or hurtfull , i cannot tell . for why should i presume to profer my conceit and imagination , in affirming that a thing is thus , or thus , in its own nature , because it seemeth to me to be so , before the conceit of other living creatures , who may as well think it to be otherwise in each one nature , because it appeareth otherwise to them than it doth to me ? they are living creatures as well as i : why then should i condemn their conceit and phantasie , concerning any thing , more than they may mine ? they may be in the truth and i in errour , as well as i in truth , and they err . if my conceit must be believed before theirs , great reason that it be proved to be truer than theirs . and this proof must be either by demonstration , or without it . without it none will believe . certainly , if by demonstration , then this demonstration must seem to be true , or not seem to be true . if it seem to be true , then will it be a question , whether it be so indeed as it seemeth to be ; and to alleadge that for a certain proof , which is uncertain and questionable , seemeth absurd . if it be said , that the imagination of man judgeth riuer of outward object , than the imagination of other living creatures doth , and therefore to be credited above others , ( besides that which is already said , ) this is easily refuted by comparing of man with other creatures . it is confessed , the dog excelleth man in smell , and in hearing : and whereas there is said to be a two-fold discourse , one of the mind , another of the tongue and that of the mind is said to be exercised in chasing that which is convenient , and refusing that which is hurtfull in knowledge , justice , and thankfulnesse : this creature chuseth his food , refuseth the whip , fawneth on his master , defer dath his house , revengeth himself of these strangers that hurt him . and 〈◊〉 mentioneth are●● , the dog of u●y●ses , who knew his master , having been from home so many years , that at his return , all the people of his house had forgot him . this creature , saith chr●sipp●● , is not void of logick : for when in following any beast , he cometh to three severall ways , he smelleth to the one , and then to the second ; and if he find that the beast which he pursueth he not fled one of these ways , he presently without smelling any further to it , taketh the third way : which , saith the same philosopher , is as it he reasoned thus , the beast must be gone either this , or this , or the other way ; but neither this nor this ; eage , the third : and so away he runneth . if we consider his skill in physick , it is sufficient to help himself : if he be wounded with a dart , he useth the help of his teeth to take it out , of his tongue to cleanse the wound from corruption : he seemeth to be well acquainted with the precept of hipp●crates , who saith , that the rest of the foot is the physick of the foot , and therefore if his foot he hurt , he ho doth it up that it may rest : if he be sick , he giveth himself a vomit by eating of grasse , and recovereth himself . the dog then we see is plentifully furnished with inward discourse . now outward speech is not needfull to make a creature reasonable , else a dumb man were an unreasonable creature . and do not philosophers themselves reject this as an enemie to knowledge ? and therefore they are silent when they are instructed ; and yet even as barbarous and strange people of speech , but we understand it not , neither do we perceive any great difference in their words : but a difference there seemeth to be , and they do expresse their thoughts and meanings one to another by those words . even so those creatures , which are commonly called unreasonable , do seem to parlie one with another ; and by their speech to understand one the other . do not binds by one kind of speech call their young ones , and by another cause them to hide themselves ? do they not by their severall voices expresse their severall passions of joy , of grief , of fear in such manner , that their fellows understand them ? do they not by their voice foreshew things to come ? but we will return to that creature we first did instance in . the dog delivereth one kind of voice when he hunteth , another when he howleth , another when he is beaten , and another when he is angry . these creatures then are not void of outward speech . if then these creatures excell man in sense , and are equall to him in inward and outward discourse , why should not their conceits and imaginations conveigh the outward object in as true a manner as ours ? and if so , then seeing their imaginations are divers , and they conceit it diversly according to their divers temperaments , i may tell what the outward object seemeth to me ; but what it seemeth to other creatures , or whether it be indeed that which it seemeth to me , or any other of them , i know not . but be it granted , that the iudgement of man in this case , is to be preferred before the iudgement of beasts ; yet in men there is great difference ; both in respect of the outward shape , and also of the temperature of their bodies : for the bodie of the suth an differeth in shape from the bodie of the 〈◊〉 : the reason of it ariseth ( say the dogmaticks ) from a predominan use of humours in the one more than in the other ; and as severall humours are predominant , so are the phantasies and conceits severally framed and effected . so that our countrey-men delight in one thing , the indian not in that , but in another which we regard not . this would not be , if their conceits and ours were both a like ; for then we should like that which they do , and they would dislike that which we would dislike . it is evident also , that men differ very much in the temperature of their bodies , else why should some more easily digest bief than shel-fish ; and other be mad for the time , if they drink wine ? there was an old woman about arbeus , which drunk three drams of c●●u●● ( every dream weighin , sixtie barley corns , and eight drams to an ounce ) without hurt . ●●sis , without hurt , took four drams of popple ; and 〈◊〉 , which was gentleman-sewer to alexander , was very cold when he stood in the sun , or in a hot bath , but very hot when he stand in the shadow . al 〈…〉 felt no pain if a scorpion stung him . and the psill● ( a people in ly●●● , whole bodies are venom to serpents ) if they be stung by serpents , or asps , receive no hurt at all . the ethiopians , which inhabit the river hynaspis , do eat serpents and scorpions without danger . 〈◊〉 a chirurgian , at the smell of a sturgeon , would be for the time mad . a●dron of argos , was so little thirstie , that without want of drink , he travelled through the hot and dry countrey of lybia . tiberius caesar would see very well in the dark . aristotle mentioneth of thratius , who said , that the image of a man went always before him . if then it be so , that there be such differences in men , this must be by reason of the divers temperatures they have , and divers disposition of their conceit and imagination ; for , if one hate , and another love the very same thing , it must be that their phantasies differ , else all would love it , or all would hate it . these men then , may tell how these things seem to them good , or bad ; but what they are in their own nature they cannot tell . if we will heathen to mens opinions , concerning one and the same matter , thinking thereby to come to the knowledge of it , we shall find this to be impossible ; for , either we must believe what all men say of it , or what some men only say of it . to believe what all men say of one & the same thing , is not possible ; for then we shall believe contrarieties ; for some men say , that that very thing is pleasant , which other say is displeasant . if it be said , we must believe onely some men , then let it be shewed who those some men are ; for the platonists will believe plato , but the epicures epicurus , the phytagorians pythagoras , & other philosophers the masters of their own sects : so that it is doubtfull , to which of all these we shall give credit . if it be said , that we must credit the greatest number ; this seemeth childish : for there may be amongst other nations a greater number which denie that very point , which the greatest number with us do affirm : so that hereof nothing can certainly be affirmed . this argument seemeth to be further confirmed , if the differences of the senses of hearing , seeing , smelling , touching , and tasting be considered ; for that the senses differ , it seemeth plain . painted tables ( in which the art of slanting is used ) appear to the eye , as if the parts of them were some higher , and some lower than the other , but to the touch they seem not to be so . honey seemeth to the tongue sweet , but unpleasant to the eye : so oyntment doth recreate the smell , but it offendeth the tast. rain-water is profitable to the eyes , but it hurteth the lungs . we may tell then , how these things seem to our severall senses , but what they are in their own nature we cannot tell : for why should not a man credit any one of his senses as well as the other ? every object seemeth to be presented diversly unto the severall instruments of sense . an apple to the touch seemeth smooth , sweet to the smell , and to the eye yellow ; but whether the apple have one of these qualities onely , or more than these qualities , who can tell ? the organ hath many pipes , all which are filled with the same blast of wind , varied according to the capacitie of the severall pipes which receive it : even so the qualitie of the apple may be but one , and this one quality may be varied , & seem yellow to the eye , to the touch smooth , and sweet to the smell , by reason of the divers instruments of the sense , which apprehend this one quality diversly . it may be also , that an apple hath many qualities besides ; but we are not able to conceive them all , because we want fit means and instruments to apprehend them . for suppose that some man is born blind , and deaf , and yet can touch , smell , and tast ; this man will not think that there is any thing , which may be seen or heard , because he wanteth the senses of hearing and seeing ; he will onely think there are those qualities in the object , which by reason of his three senses he conceiveth : even so the apple may have many more qualities ; but we cannot come to know them , because we want fit instruments for that purpose . if it be replied , that nature hath ordained as many instruments of sense , as there are sensible objects ; i demand , what nature ? for there is a confused controversie about the very essence of nature . some affirming it to be one thing , others another , few a greeing : so that what the quality of an apple is , or whether it hath one qualitie or many , i know not . let a man also consider , how many things that are separated , and by themselves , appear to differ from that which they seem to be , when they are in a mass or lump the scrapings of the goats horn seems white , but in the horn they seem black , but in the lump white . the stone toenaru , being polished , seemeth white , but unpolished & rough it seemeth yellow . sands being separated , appear rough to the touch , but a great heap , soft . i may then report , how these things appear , but whether they are so indeed , i know not . sir raleigh's observations concerning the causes of the magnificencie and opulencie of cities . that the onely way to civilize and reform the savage and barbarous lives , and corrupt manners of such people , is , to be dealt withall by gentle and loving conversation among them , to attain to the knowledge of their language , and of the multitude of their special discommodities and inconveniences in their manner of living the next is to get an admired reputation amongst them , upon a solid and true foundation of pietie , iustice , and wisdom , conjoyned with fortitude and power . the third is , discreetly to possess them with a knowledge of the condition of their own estate . thus o●phe● and amph●● , were said to draw after them the beast of the field , &c. and this must be first wrought by a visible representation , of the certaintie , truth , and sinceritie of these , together with the felicitie of a reformed estate . all which is but to give foundation , bottom , and firm footing unto action , and to prepare them to receive wholesom and good advise , for the future profit and felicitie of themselves and their posteritie . for the more commodious effecting of this reformation in a rude and barbarous people , they are to be perswaded to withdraw and unite themselves into severall colonies ; that by it an interchangeable communication and commerce of all things may more commodiously be had , and that they may so live together in civilitie , for the better succour and welfare of one another : and thereby they may more easily be instructed in the christian faith , and governed under the magistrates and ministers of the king , or other superiour power , under whom this r●so that on is sought . which course the 〈◊〉 〈◊〉 , that 〈◊〉 took , after he had taken upon him the government of the 〈…〉 , whereby he united all the people into one citie , that before lived dispersedly in many villages . the like is put in practice at this day by the ●●r●●gales and jesuits , that they may with less difficultie and hinderance reform the rough behaviour , and savage life of the people of brazile , who dwell scattered and dispersed in cave , and cottages made of boughs & leaves of the palm-trees . alexander the great built more than seventie cities : selev●us built three cities , called ●pame● , to the honour of his wife ; and five called l●●●●ca , in memorie of his mother ; and fire called seleac● , to the honour of himself . safetie for defence of the people and their goods , in and near the town . in the situation of cities , there is to be required a place of safetie , by some natural strength , commod ousness for navigation , and conduct , for the attaining of plentie of all good things , for the sustenance & comfort of mans life , and to draw trade and entercourse of other nations ; as if the same be situate in such ●ort , as many people have need to repair thither for some natural commoditie or other of the countrey , which by traffick and transportation of cōmodities , whereof they have more plentie than will supplie their own necessitie , or for receiving of things whereof they have carcitie . and much better will it be , if the place afford some notable commoditie of it self , from whence other nations may more readily , and at better rate attain the same : likewise , and withall , be so fertil , pleasant , and healthfull of it self , that it may afford plentie of good things , for the delight and confort of the inhabitants . in former times great nations , kings and potentates have endured sharp conflicts , and held it high policie , by all means to increase then cities , with multitudes of inhabitants . and to this end the romans ever furnished themselves with strength and power , to make their neighbour-people , of necessitie , willing to draw themselves to rome to dwell , and overthrow their towns and villages of mean strength , down to the ground . so did they for this cause utterly destroy many cities , bringing always the vanquished captives to rome , for the augmentation of that citie . romulus , after a mighty fight with the sabines , condescended to peace , upon condition that ●●●●●s their king should come with all their people to dwell at rome : ●at●●● did accept , and made choice of the capitol , and the mount quirmalis for his seat and p●llace . the same course h●ld tamberlane the great , whereby he enlarged the great samar●anda , still bringing unto it , the richest and wealthiest citizens he had subdued . and the ottoman● , to make the citie constantinople rich and great , brought to it many thousand families , especially artificers out of the subdued cities ; as mahome● the great from tr●bizond , selim the first from cairo , and seliman from ●aurk . authoritie and necessitie , without the consideration of the conveniencies , and commodiousness of situation above mentioned , are of small moment in the foundation of a citie ; thereby onely it would be unlikely , either to grow or continue in magnificencie or opulencie : for it profit , height , and delight go not companions therewith , no authoritie or necessitie can retain much people or wealth . but of the place whereupon a citie is to be founded , be commodious for the aforesaid conveniences , which help greatly for the felicitie of this life ; then , no doubt , the same is likely to draw much abundance of people and riches unto the same , whereby it may , by the help of arts and industrie , in time , become magnificent & glorious . unto the good estate , greatness , and glorie of a citie , those things hereafter mentioned do greatly avail , and are of much importance , viz. religion , which is of such force and might , to amplifie cities and dominions , and of such attractive virtue to replenish the same with people and wealth , and to hold them in due obedience , as none can be more ; for without adoration of some dietie , no common wealth can subsist . witness , jerusalem rome , constantinople and all other cities that have been famous for the prosession of religion , or divine worship and no marvel , for there is not any thing in this world of more efficacie & force to allure and draw to it the hearts of men , than god. which is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he is carefully defined , and continually sought for of all creatures ; for all regard him as their last end and refuge . light things apply themselves upwards , heavy things downwards ; the heavens to revolution , the herbs to flowers , trees to bear fruit , beasts to present their kind and man in seeking his tranquilitie and everlasting glory but forasmuch as god is of so high a nature as the sense and understanding of man cannot conceive it , every man directly turns himself to that place where he leaves some print of his power , or declares some sign of his assistance . and to such persons whom he seemeth more especially to have revealed himself . academies , & schools of learning with convenient immunities and privileges for scholars , and means for recreation for delight , are of great importance to enlarge and enrich a citie : for asmuch as men long for honour and profit , and of arts & liberal sciences some bring certain wealth to men , and some promotions & preterments to honourable functions : for by this means , not onely young men , & those that are desirous of learning and virtue in the same common-wealth , will be retained in their own countrey , but also strangers will be drawn home to them . and the more will this be available if occasion be given to scholars and students , to rise to degrees of honour and preferment by their learned exercises , and that by the policie of the same citie , good wits be accounted of , and rewarded well : that the same academies and schools be stored with plentie of doctours and learned men , of great same and reputation . courts of iustice , with due execution of the same in a citie , do much enable , enlarge , & enrich it ; for it fasteneth a great liking in a citie to virtuous men , and such as be wealthie , that therein they may be free , and in safetie from the violence of the oppressions of covetous and wicked men : and there will be rather resort thither to inhabit , or traffick there as occasions may minister unto them . and many others that have cause of suite will repair thither , whereas they may be sure to find iudgement and iustice duely executed , whereby the citie must needs be enlarged and enriched : for our lives , and all that ever we have are in the hands of iustice : so that if iustice be not administred amongst men , in vain is there any societie and commerce , or any other thing can be profitable or safe ; so much is love and charitie failed , and iniquitie increased upon the face of the earth . the excellencie and multitude likewise of artificers exercising their manuall arts and trades , do marvellously increase and enrich a state , whereof some are necessary , some commodious for a civil life , other some are of pomp and ornament , and other some of delicacie and curiositie , whereof doth follow con course of people that labour and work , and current money which doth enrich and supply materials for labourers , and work-men , buying and selling , transportation from place to place , which doth imploy and increase the artificious and cunning parts of the wit of man ; and this art and exquisitnesse of work manship and skill is so powerfull herein , that to far excels the simple commodities and materials that nature produceth ; and is alone sufficient of it self to make a citie or state , both magnificient and glorious : and the daily experience we have in these our dayes , and in former times , doth manifestly approve the same , and make evident without all contradiction . some naturall benefits that a citie also may have for the excellency of art , or work manship of some special commodities above any other place , either through the qualitie of the water , or other matter whatsoever , or some hidden mysterie of the inhabitants in working thereof , may be a great help for the enlargement and enriching of a citie . the command of a countrie that affordeth some proper commoditie , is of it self sufficient mightily to bring a citie to great wealth , and to advance it to great power , and draweth thereby dependence and concourse , much advantageous also , as well for the publick weal , as the private person . a citie also may be lord of much merchandize and traffick , by means of the commodious situation to many nations , to whom it serveth and hath relation to , as ware houses , roomth and store-houses , by reason whereof , the nations adjoyning do use to resort thereunto to make their provisions of such things . and this consisteth in the largenesse of the ports , the fitnesse of the gulphs and creeks of the seas , in the navigable rivers and channels , and the plain and safe ways that leadeth to the citie , or that come , our turn by or near it . priviledge and freedom from customs and exactions ' , doth greatly increase the trade , and draw inhabitants to a citie , whereby the same may become both rich and powerfull ; whereof the ma●ts and fairs , and markets bear good witnesse , which are frequented with great concourse of people , tradesmen and merchants , for no other respect , but that they are there free and frank from customs and exactions . and the cities in flanders are lively testimonies hereof , where the customs are very small . by reason whereof , all such as have erected new cities in times past to draw concourse of people unto it , have granted large immunities , and priviledges at the least , to the first inhabitants thereof the like have they done that have restored cities emptied with plague , consumed with wars , or afflicted with famin , or some other scourge of god. in respect whereof , freedom of cities hath been often granted to such as would with their families , inhabit there , or would bring corn and other necessaries for provision of victual . the romans , to increase their cities , made the towns that well deserved of them ( which they after called municiple ) to be partakers of their franchises and priviledges . the first means the romans used to allure people to make their habitations rather in rome than else where , was the opening the sanctuarie , & giving libertie and freedom to all that would come unto them . in respect whereof , there flocked thither , with their goods , numbers of people that were either racked with exactions , thrust out of their habitations , or unsafe , or unsure for their lives in their own countreys for religion sake . the very same reason in a manner hath increased so much the citie of geneva : for as much as it hath offered entertainment to all commers out of france and italie , that have either forsaken , or been exiled their countreys for religions sake . likewise , triumphs , goodly buildings , battels on the water fights of sword-players , hunting of wild beasts , publick shows and sights , plays solemnized with great pomp and preparation , and many other such things do draw the curious people to a citie inspeakably , which leaves behind them much treasure , and for such cause will rather settle themselves to inhabit there , than in other places . this was also the devise of rome in her infancy to enlarge herself . the causes that concern the magnificencie of a citie . to confirm a citie in her greatness , justice , peace , and pleantie are the undoubted means : for justice assureth every man his own peace causeth all arts and negotiation whatsoever to flourish : and plentie of food and victuall , that sustaineth the life of man with ease and much contentment . to conclude , all those things that cause the greatnesse of a citie , are also fit to conserve the same . sir walter raleigh's seat of government . that the seat of government is up 〈…〉 y the two great pillars thereof , viz. civile iustice , and martiall policie , which are framed out of husbandrie , merchandize , and gentry of this kingdom . they say , that the goodliest cedars which grow on the high mountains of liban●s , thrust their roots between the clifts of hard rocks , the better to bear them selves against the strong storms that blow there . as nature hath instructed those kings of trees , so hath reason taught the kings of men , to ●oot themselves in the hardie hearts of their faithfull subjects . and as those kings of trees have large tops , so have the kings of men large crowns ; whereof as the first would soon be broken from their bodies , were they not underborn by many branches ; o would the other easily tytter , were they not fastened on their heads , with the strong chains of civil justice and martial discipline . . for the administration of the first , even god himself hath given direction , judge and officers shalt thou make , which shall judge the people with righteous judgement . the second is grounded on the first laws of the world and nature , that force is to be repelled by force . yea moses in the of exodus , and elsewhere , hath delivered us many laws & policies of war. but as we have heard of the neglect and abuse in both , so have we heatd of the decline and ruine of many kingdoms & states long before our days : for that policie hath never yet prevailed ( though it hath served for a short season ) where the counterfeit hath been sold for the natural , and the outward shew and formalitie for the substance . of the emperour charls the fourth , the writers of that age witness , that he used but the name of justice and good order , being more learned in the law than in doing right , and that he had by far , more knowledge than conscience . certainly the unjust magistrate that fancieth to himself a solid and untransparable bodie of gold , every ordinarie wit can vitrifie , and make transparent pierce , and discern their corruptions ; howsoever , because not daring , they cover their knowledge , but in the mean while it is also true , that constrained dissimulation , either in the proud heart , or in the oppressed , either in publick estates , or in private persons , where the fear of god is not prevalent , doth in all the leisure of her lurking , but sharpen her teeth , the voluntarie being no less base , than the forced malitious . thus it fared between the barons of england and their kings , between the lords of switzerland & their people , between the sicilians and the french between the dolphin and john of burgoign , between charl the ninth and the french protestants , and between henry the third , his successor , and the lords of guise , hereof in place of more particulars , the whole world may serve for examples . it is a difficult piece of geographie to delinate and lay out the bounds of authority ; but it is easie enough cōceive the best use of it , and by which it hath maintained it self in lasting happiness , t hath ever acquired more honour by perswading , than by beating ; for as the bonds of reason and love are immortal , so do all other chains or cords , both rust●e & rot noble parts of their own royal and politick bodies . but we will forbear for a while to stretch this first string of civil justice ; for in respect of the first sort of men , to wit , of those that live by their own labour , they have never been displeased where they have been suffered to enjoy the fruit of their own travels , meum & tuum , mine & thine is all wherein they seek their certaintie & protection . true it is , that they are the fruit-trees of the land , which god in deuteronomie commanded to be spared , they gather honey , and hardly enjoy the wax , and break the ground with great labour , giving the best of their grain to the easefull & idle . for the second sort , which are the merchants , as the first feed the kingdome , so do these enrich it , yea their trades , especially those which are forcible , are not the least part of our martiall policie , as hereafter proved ; and to do them right , they have in all ages and times assisted the kings of this land , not onely with great sums of money , but with great fleets of ships in all their enterprises beyond the seas . the second have seldome or never offended their princes , to enjoy their trades at home upon tolerable conditions , hath ever contented them for the injuries received from other nations , give them but the commission of reprisal , they will either right themselves , or sit down with their own losse without complaint . . the third sort , which are the gentrie of england , these being neither seated in the lowest grounds , and thereby subject to the biting of every beast , nor in the highest mountains , & thereby in danger to be torn with tempest ; but the valleys between both , have their parts in the inferiour iustice , & being spread over all , are the garrisons of good order throughout the realm . sir walter raleigh's letters . sir walter raleigh's letter to mr secretary winwood , before his iourney to guiana . honourable sir , i was lately perswaded , by two gentlemen , my ancient friends , to acquaint your honour with some offers of mine , made heretofore for a journey to guiana , who were of opinion , that it would be better understood now , than when it was first propounded , which advice having surmounted my dispair , i have presumed to send unto your honour the copies of those letters which i then wrote , both to his majestie , and to the treasurer ceuill , wherein as well the reasons that first moved me are remembered , as the objections by him made are briefly answered . what i know of the riches of that place , not by hear say , but what mine eyes hath seen , i have said it often , but it was then to no end : because those that had the greatest trust , were resolved not to believe it , not because they doubted the truth , but because they doubted my disposition towards themselves ; where ( if god had blessed me in the enterprise ) i had recovered his majesties favour and good opinion . other cause than this , or other suspition they never had any . our late worthy prince of wales was extream curious in searching out the nature of my offences , the queens majestie hath informed her self from the beginning . the king of denmark at both times of his being here was throughly satisfied of my innocencie , they would otherwise never have moved his majestie on my behalf . the wife , the brother , and the son of a king , do not use to sue for men suspect ; but sir , since they all have done it out of their charitie , and but with references to me alone . your honour ( whose respect hath onely relation to his majesties service ) strengthened by the example of those princes , may with the more hardnesse do the like , being princes to whom his majesties good estate is not lesse dear ; and all men that shall oppugne it , no lesse hatefull , then to the king himself . it is true sir , that his majestie hath sometimes answered , that his councel knew me better than he did ; meaning some two or three of them , and it was indeed my infelicitie ; for had his majestie known me , i had never been here where i now am : or had i known his majestie , they had never been so long there where they now are . his majestie not knowing of me hath been my ruine , and his majestie misknowing of them , hath been the ruine of a goodly part of his estate : but they are all of them now , some living and some dying , come to his majesties knowledge . but sir , how little soever his majestie knew me , and how much soever he believed them , yet have i been bound to his majestie both for my life , and all that remains , of which , but for his majestie , nor life , nor ought else had remained . in this respect sir , i am bound to yield up the same life , and all i have for his majesties service ; to die for the king , and not by the king , is all the ambition i have in the world . walter raleigh . sir raleigh's letter to his wife , from guiana . sweet heart , i can yet write unto you but with a weak hand , for i have suffered the most violent calenture for fifteen days , that ever man did , and lived : but god that gave me a strong heart in all my adversities , hath also now strengthened it in the hell fire of heat . we have had two most grievous sicknesses in our ship , of which fourtie two have died , and there are yet many sick . but having recovered the land of guiana , this of november , i hope we shall recover them . we are yet two hundred men , and the rest of our fleet are reasonable strong , strong enough i hope to perform what we have undertaken , if the diligent care at london , to make our strength known to the spanish king by his ambassadour , have not taught the spanish king to fortifie all the enterances against us ; howsoever we must make the adventure , and if we perish , it shall be no honour for england , nor gain for his majestie to loose among many other , an hundred as valiant gentlemen as england hath in it . of captain bayl●●s base coming from us at the canaries , see a letter of kemishes to mr cory , & of the unnatural weather , storms & rains and winds , he hath in the same letter , given a touch of the way that hath ever been sailed in fourteen days , now hardly performed in fourtie days ; god i trust , will give us comfort in that which is to come . in passage to the canaries , i stayed at gomerah , where i took water in peace , because the countrey durst not denie it me ; i received there of an english race , a present of oranges , lemmons , quinces , & pome-granates without which i could not have lived ; those i preserved in fresh sands , and i have of them yet to my great refreshing . your son had never so good health , having no distemper in all the heat under the line . all my servants have escaped but crab and my cook , yet all have had the sickness . crofts and march , and the rest are all well . remember my service to my lord carew , and mr secretarie winwood . i write not to them , for i can write of nought but miseries : yet of men of sort , we have lost our serjeant major , captain pigott , and his lieuetenant , captain edward hastings , who would have died at home , for both his liver , spleen and brains were rotten . my sons lieuetenant payton and my cosin mr. hews , mr. mordant , mr. gardiner . mr. hayward , captain jennings the merchant , kemish of london , and the master chyrurgion , mr. refiner , mr. moor the governour of the barmoudas . our provost marsh. w. steed , lieutenant vescie , but to mine inestimable grief , hammon and talb●t . by the next i trust you shall hear better of us , in gods hands we were , and in him we trust , this bearer , captain alley , for his infirmitie of his head i have sent back , an honest valiant man , he can deliver you all that is past . commend me to my worthy friends at loathbury , sr john leigh and mr. bow●r , whose nephew knevil is well , and to my cosin blundell , and my most devoted and humble service to her majestie . to tell you that i might be here king of the indi●n , were a vanitie , but my name hath still lived among them ; here they feed me with fresh meat , and all that the countrey yields , all offer to obey me . commend me to poor carew my son . from galliana in guiana , the of november . sir raleigh's letter to sir ralph winwood . sir , as i have not hitherto given you any account of our proceedings and passages towards the indes , so have i no other subject to write of , than of the greatest misfortunes that ever befell any man : for whereas , for the first , all those that navigate between cape de vera and america , do passe between fifteen or twentie days at most , we found the wind so contrary , and which are also contrary to nature so many storms and rains , as we spent six weeks in the passage , by reason whereof , and that in so great heat we wanted water : for at the isle prano of cape de vero , we lost our anchours and cables , and our water casks , being driven from the island with a hu●●●icano , and were like all to have perished . great sicknesse fell amongst us , and carried away great numbers of our ablest men both for sea and land . the of november , we had sight of guiana , and soon after came to anchour in five degrees at the river gallian● , here we staid till the fourth of december , landed our sick men , set up the barges and shallops , which were brought out of england in quarters , washed our ships , and took in fresh water , being sed and cherished by the indians of my old acquaintance , with a great deal of love and respect , my self being in the hands of death these weeks , and was not able otherwise to move than as i was carried in a chair , gave order to small ships to sail into orinoque , having captain kemts for their conductor towards the mynes , and in those five ships five companies of under the command of captain parker , and captain north , brethren to the lord mounteagle and the lord north , valiant gentlemen , and of infinite patience for the labour , hunger , and heat which they have endured , my son had the third company captain thornix of kent the fourth company , captain chidlez , by his lieutenant , the fifth : but as my sergeant major captain peggot of the low countreys died in the former miserable passage , so my lieutenant sir warham s. letter lay sick without hope of life , and the charge conferred on my nephew george raleigh , who had also served long with infinite commendations ; but by reason of my absence , and of sir warhams was not so well obeyed as the enterprize required . as they passed up the river , the spaniard began the war , and shot at us both with their ordinance and muskets , whereupon the companies were forced to charge them , and soon after beat them out of the town . in the assault , my son ( more desirous of honour than safetie ) was slain , with whom ( to say truth ) all the respects of this world have taken end in me . and although these five captains had as weak companies as ever followed valiant leaders , yet were there amongst them some twentie or thirtie valiant adventurous gentlemen , and of singular courage , as of my sons companie , mr. knivet , mr. hammon , mr. longwirth , mr. iohn pleasington ; his officers , sir iohn hamden ; mr. simon leak corporall of the field , mr. hammon the elder brother , mr. nicholas of buckingham , mr. roberts of kent , mr. perin , mr. tresham , mr. mullinax , mr. winter and his brother , mr. wray , mr. miles herbart , mr. bradshavv , capt. hill , and others . sir , i have set down the names of these gentlemen , to the end , that if his majestie shall have cause to use their service , it may please you to take notice of them for very sufficient gentlemen . the other five ships staid at trinidads , having no other port capable for them near guiana . the second ship was commanded by my vice admirall capt. john pennington , of whom ( to do him right ) he is one of the sufficientest gentlemen for the sea that england hath . the third by sir warham s. leiger , an exceeding valiant and worthy gentleman . the fourth by sr john fern the fifth by captain chidley of devon. with these five ships i daily attended their armado of spain , which had they set upon us , our force divided , the one half in orinoque , an hundred and fiftie miles from us , we had not onely been torn in pieces , but all those in the river had also perished , being of no force at all for the sea fight ; for we had resolved to have been burnt by their sides , had the armado arrived : but belike , they staid for us at ma●g●●t , by which they knew we must passe towards the indies : for it pleased his majestie to value us at so little , as to command me upon my alleageance , to set down under my hand the countrey , and the river by which i was to enter it ; to set down the number of my men , and burthen of my ships , and what ordinance every ship carried , which being known to the spanish ambassadour , and by him to the king of spain , a dispatch was made , and letters sent from madrid , before my departure out of the thames ; for his first letter sent by a barque of advise , was dated the of march . at madrid , which letter i have here inclosed sent to your honour , the rest i reserve , not knowing whether they may be intercepted or not . the second by the king , dated the second of may , sent also by a coronel of diego de polo●eque , governour of guiana , elderedo and trinidado . the third by the bishop of portricho , and delivered to po●oni●que the of july , at trinidado . and the fourth was sent from the farmer and secretary of his customs in the indies . at the same time , by that of the kings hand , sent by the bishop , there was also a commission for the speedie levying of three hundred souldiers , and ten pieces of ordinance to be sent frō portricho , for the defence of guiana , an hundred & fiftie from nuevo rémo de grando , under the command of captain anthony musica , and the other hundred and fiftie from portricho , to be conducted by c. franc. laudio . now sir , if all that have traded to the indies since his majesties time knew that the spaniards have flayed alive all the poor men which they have taken , being but merchant men , what death and cruel torment shall we expect if they conquer us ? certainly they have hitherto failed grosly , being set out thence as we were , both for number , time , and place . lastly , to make an apologie for not working the myne , ( although i know his majestie expects ) whom i am to satisfie so much , as my self , having lost my son , and my estate in the enterprise , yet it is true , that the spaniards took more care to defend the passage leading unto it , than they did the town , which by the kings instructiōs they might easily do , the countreys being aspera & nemosa . but it is true , that when capt. kemish found the river low , and that he could not approach the banks in most places near the myne by a mile , and where he found a discent , a volley of muskets come from the woods upon the boat , and slew two rowers , and hurt fix others , and shot a valiant gentleman of captain thornix , of which wound he languisheth to this day . he , to wit , kemish , following his own advice , thought that it was in vain to discover the myne ; for he gave me this for an excuse at his return , that the companies of english in the town of s. thome were not able to defend it , against the daily and nightly assaults of the spaniards , that the passages to the mynes , were thick and unpassable woods , and that the myne being discovered , they had no men to work it , did not discover it at all : for it is true , the spaniards having two gold mynes near the town , the one possessed by pedro rodrigo de paran , the second by harmian frotinio , the third of silver , by captain francisco , for the want of negroes to work them : for as the indians cannot be constrained by a law of charls the fifth , so the spaniards will not , nor can endure the labour of those mynes , whatsoever the bragadochio , the spanish ambassador saith . i shall prove under the proprietors hand , by the custom-book , and the kings quinto , of which i recovered an ingot or two : i shall also make it appear to any prince or state that will undertake it , how easily those mynes , and five or six more of them may be possessed , and the most of them in those parts , which never have as yet been attempted by any , nor by any passage to them , nor ever discovered by the english , french , or dutch. but at kemish his return from orinoque , when i rejected his counsel and his course , and told him that he had undone me ; and wounded my credit with the king past recovery , he slew himself : for i told him , that seeing my son was slain , i cared not if i had lost an hundred more in opening of the myne , so my credit had been saved : for i protest before god , had not capt. whitney ( to whom i gave more countenance than to all the captains of my fleet ) run from me at the granadoes , and carried another ship with him of captain woldestons . i would have left my body at s. thomes by my sons , or have brought with me out of that or other mynes , so much gold oar , as should have satisfied the king. i propounded no vain thing ; what shall become of me i know not , i am unpardoned in england , and my poor estate consumed , and whether any prince will give me bread or no i know not . i desire your honour to hold me in your good opinino , to remember my service to my lord of ar●undel and pembrook , to take some pity on my poor wife , to whom i dare not write for renewing her sorrow for her son ; and beseech you to give a copie of this to my lord 〈◊〉 : for to a broken mind , a sick bodie , and weak eyes , it is a torment to write many letters . i have found many things of importance for discovering the state and weaknesse of the indies , which if i live , i shall here after impart unto your honour , to whom i shall remain a faithfull servant . walter raleigh sir raleigh's letter sent to his wife , copied out of his own hand writing . i was loath to write , because i know not how to comfort you , and god knows , i never knew what sorrow meant till now . all that i can say to you is , that you must obey the will and providence of god , and remember , that the queens majestie bare the losse of prince henry with a magnanimous heart , and the ladie harrington of her son . comfort your heart ( dearest bess ) i shall sorrow for us both , i shall for now the lesse , because i have not long to sorrow , because not long to live . i refer you to mr. secretarie winwoods letter , who will give you a copie of it , if you send for it , therein you shall know what hath passed ; i have written that letter , for my brains are broken , and it is a torment for me to write , and especially of misery . i have desired mr. secretarie to give my lord carew a copie of his letter . i have clensed my ship of sick men , and sent them home ; i hope god will send us somewhat before we return . you shall hear from me if i live , from the new found land , where i mean to make clean my ships and revictual ; for i have tobacco enough to pay for it . the lord blesse and comfort you , that you may bear patiently the death of your valiant son this . of march , from the isle of christophers , yours walter raleigh . yours walter raleigh . post-script . i protest before the majestie of god , that as sir francis drake , and sir john hawkins died heart broken when they failed of their enterprise , i could willingly do the like , did i not contend against sorrow for your sake , in hope to provide somewhat for you and to comfort and relieve you . if i live to return , resolve your self that it is the care for you that hath strengthened my heart . it is true that kemish might have gone directly to the myne , and meant it , but after my sons death , he made them believe he knew not the way , and excused himself upon want of water in the river , and counter feiting many impediments left it unfound . when he came back , i told him he had undone me , and that my credit was lost for ever ; he answered , that when any son was lost , and that he left me so weak , that he resolved not to find me alive , he had no reason to enrich a companie of rascals , who after my sons death made no account of him . he further told me that the english sent up into guiana , could hardly defend the spanish town of s. thome which they had taken , and therefore for them to passe through thick woods it was impossible , and more impossible to have victuall brought them into the mountains and it is true , that the governour diego polo●eqe , and other four captains being slain , whereof wat flew one , plessington , wa●s servant , and john of moroc●urs , one of his men , slew other two . i say five of them slain in the enterance of the town , the rest went off in a whole bodie , and took more care to defend the passages to their mynes ( of which they had three within a league of the town , besides a myne that was about five miles off ) than they did of the town it self . yet kemish at the first was resolved to go to the myne ; but when he came to the banck-side to land , and had two of his men slain outright from the bank , and six other hurt , and captain thornix shot in the head , of which wound , and the accident thereof , he hath pined away those twelve weeks . now when kemish came back and gave me the former reasons which moved him not to open the myne , the one the death of my son , a second the weaknesse of the english , and their impossibilities to work and to be victualled ; a third that it were a folly to discover it for the spaniards ; and lastly my weaknesse and being unpardoned ; and that i rejected all these his arguments , and told him , that i must leave him to himself to resolve it to the king and state , he shut up himself into his cabbin , and shot himself with a pocket pistol which broke one of , his ribs , and finding that he had not prevailed , he thrust a long knife under his short ribs up to the handle and died . thus much i have written to mr secretarie , to whose letters i refer you to know the truth . i did after the sealing break open the letter again , to let you know in brief the state of that business , which i pray you impart to my lord of northumberland , and silvanus sco●y . for the rest , there was never poor man so exposed to slaughter as i was ; for being commanded upon mine alleagiance to set down not onely the coū-trey but the very river by which i was to enter it , to name my ships number , men , and my artillerie . this now was sent by the spanish ambassador to his master the king of spain , the king wrote his letters to all parts of the indies , especially to the governour palamago of guiana , elderado , and trinidado , of which the first letter bore date of march ● , at ma●rill , when i had not yet left the thames , which letter i have sent ot mr secretarie . i have also other letters of the kings which i reserve , and one of the councels . the king also sent a commission to leave three hundred souldiers out of his garrisons of ●nie regno de granado è portricho , with ten pieces of brasle ordinance to entertain us ; he also prepared an army by sea to set upon us . if were too long to tell you how we were preserved , if i live i shall make it known ; my brains are broken , and i cannot write much , i live yet , and i told you why . witney for whom i sold all my plate at plymouth , and to whom i gave more credit and countenance than to all the captains of my fleet , ran from me at the granadoes , and wolleston with him , so as i have now but five ships , and out of those i have sent some into my fly boat , a sabble of idle rascals , which i know will not spare to wound me , but i care not . i am sure there is never a base slave in all the fleet hath taken the pain and care that i have done , that have slept so little , and travelled so much , my friends will not believe them , and for the rest i care not ; god in heaven blesse you and strengthen your heart . sir raleigh's letter to mr secretary winwood . sir , since the death of kemish , it is contessed by the serjeant major , and others of his inward friends , that he told them that he could have brought them unto the myne within two hours march from the riverside ; but because my son was slain my self unpardoned , and not like to live , he had no reason to open the myne either for the spaniard or for the king ; they answered , that the king ( though i were not pardoned ) had granted my heart under the great sea. he replyed , that the grant to me was to no man , non ens in the law , and therefore of no force ; this discourse they had , which i knew not of till after his death : but when i was resolved to write unto your honour , he prayed me to joyn with him in excusing his not going to the myne , i answered him i would not do it ; but if my self could satisfie the king and state , that he had reason not to open it , i should be glad of it : but for my part , i must avow that he knew it , and that he might with loss have done it ; other excuses i would not frame : he told me that he would wait on me presently , and give me better satisfaction : but i was no sooner come from him into my cabbin , but i heard a pistol go over my head , and sending to know who shot it , word was brought me that kemish shot it out of his cabbin window to cleanse it ; his boy going into his cabbin , found him lying upon his bed with much bloud by him , and looking in his face saw him dead ; the pistol being but little , did but crack his rib , but turning him over found a long knife in his bodie , all but the handle . sir i have sent into england with my cosin harbert ( a very valiant honest gentleman ) divers unworthy persons , good for nothing neither by sea nor land , and though it was at their own suit , yet i know they will wrong me in all that they can . i beseech your honour , that the scorn of men may not be believed of me , who have taken more pains , and suffered more than the meanest rascall in the ship ; these being gone , i shall be able to keep the sea untill the end of august , with some four reasonable good ships . sir , wheresoever god shall permit me to arrive in any part of europe , i will not fail to let your honour know what we have done , till then , and ever i rest your honours servant w. raleigh . sir walter raleigh's letter to king james , at his return from gviana . may it please your most excellent maiestie , if in my journey outward bound , i had my men murthered at the islands , & yet spared to take revenge , if i did discharge some spanish barks taken without spoil , if i so bear all parts of the spanish indies , wherein i might have taken twentie of their downs on the sea coasts , and did onely follow the enterprize i undertook for guiana , where without any directions from me , a spanish village was burnt , which was new set up within three miles of the myne by your majesties favour . i find no reason why the spanish ambassador should complain of me . if it were lawfull for the spaniards to murther twentie six english men , tying them back to back , and then cutting their throats , when they had traded with them whole moneth , and came to them on the land without so much as one sword , and that it may not be lawfull to your majesties subjects , being charged first by them , to repell force by force , we may justly say , o miserable english ! if p●●●●● and ●●e●●●m took campe●●● and other places in the honduras , seated in the heart of the spanish indies burnt towns , and killed the spaniards , and had nothing said unto them at this return , and my self forbore to look into the i●●●●as ; because i would not offend , i may as justly say , o miserable sir walter raleigh ! if i have spent my poor estate , lost my son , suffered by sicknesse and otherwise a world of miseries ; if i have resisted with manifest hazard of my life , the robberies and spoils , with which my companions would have made me rich , if when i was poor , i would have made my self rich , if when i have gotten my liberty , which all men and nature it self do much prize , i voluntarily lost it , if when i was sure of my life , i rendered it again , if i might elsewhere where have sold my ship and goods , and put five or six thousand pounds in my purse , and yet brought her into england , i beseech your majestie to believe , that all this i have done , because it should not be said to your majestie , that your majestie had given libertie and trust to a man whose end was but the recoverie of his libertie , and who had betrayed your majesties trust . my mutiniers told me , that if i returned from england i should be undone , but i believed in your majesties goodnesse more than in all their being arguments . sure , i am the first that being free and able to enrich my self ; yet hath embraced povertie and perill . and as sure i am , that my example shall make me the last : but your majesties wisdom and goodnesse i have made my judges , who have ever been , and shall ever be , your majesties most humble vassal walter raleigh . sir raleighs's letter to his wife , after his condemnaetion . you shall receive ( my dear wife ) my last words in these my last lines ; my love i send you , that you may keep when i am dead , and my counsell , that you may remember it when i am no more . i would not with my will present you sorrows ( dear bess ) let them go to the grave with me , and be buried in the dust . and seing that it is not the will of god that i shall see you any more , bear my destruction patiently , and with an heart like your self . first i send you all the thanks which my heart can conceive , or my words expresse , for your many travels and cares for me , which though they have not taken effect as you wished , yet my debt to you is not the lesse ; but pay it i never shall in this world . secondly , i beseech you , for the love you bare me living , that you do not hide your self many days , but by your travels seek to help my miserable fortunes , and the right of your poor child , your mourning cannot avail me that am but dust . thirdly , you shall understand , that my lands were conveyed ( bona fide ) to my child , the writings were drawn at midsummer was twelve moneths , as divers can witness , and i trust my bloud will quench their malice who desired my slaughter , that they will not seek also to kill you and yours with extream poverty . to what friend to direct you i know not , for all mine have left me in the true time of triall . most sorrie am i , that being thus surprised by death , i can leave you no better estate , god hath prevented all my determinations , that great god which worketh all in all , and if you can live free from want , care for no more , for the rest is but a vanitie : love god and begin betimes , in him you shall find true , everlasting , and endlesse comfort , when you have travelled and wearied your self with all sorts of worldly cogitations you shall sit down by sorrow in the end teach your son also to serve and fear god whilest he is young , that the fear of god may grow up in him ; then will god be an husband to you , and a father to him , an husband and a father , that can never be taken from you . baylie oweth me a thousand pounds , and arvan six hundred ; in j●rnesey also have much owing me . ( dear wife ) i beseech you , for my souls sake , pay all poor men . when i am dead , no doubt you shall be much sought unto for the world thinks i was very rich ; have a care to the fair pretences of men , for no greater miserie can befall you in this life , than to become a prey unto the world , and after to be despised . i speak ( god knows ) not to disswade you from marriage , for it will be best for you , both in respect of god and the world . as for me , i am no more yours , nor you mine , death hath cut us asunder , and god hath divided me from the world , and you from me . remember your poor child for his fathers sake , who loved you in his happiest estate . i sued for my life , but ( god knows ) it was for you and yours that i desired it : for , know it , ( my dear wife ) your child is the child of a true man , who in his own respect despiseth death and his mishapen and ugly forms . i cannot write much , ( god knows ) how hardly i steal this time when all sleep , and it is also time for me to separate my thoughts from the world . beg my dead body , which living was denied you , and either lay it in s●●●b●rn or in exceter church by my father and mother . i can say no more , time and death calleth me away . the everlasting god , powerfull , infinite , and inscrutable god almightie , who is goodnesse it self , the true light and life , keep you and yours , and have mercy upon me , and forgive my persecutors and false accusers , and send us to meet in his glorious kingdom . my dear wife farewell , blesse my boy , pray for me , and let my true god hold you both in his arms. yours that was , but now not mine own walter raleigh . sir raleigh's letter to prince henry , touching the model of a ship. most excellent prince , if the ship your highness intends to build , be bigger than the victorie , then her beams , which are laid overthwart from side to side will not serve again , and many other of her timbers and other stuff , will not serve , whereas if she be a size less , the timber of the old ship will serve well to the building of a new . if she be bigger she will be of less use , go very deep to water , and of mightie charge , our channels decaying every year , less nimble , less mannyable , and seldom to be used grande navio grande satica saith the spaniard . a ship of six hundred tuns , will carrie as good ordinance as a ship of twelve hundred tuns , and where the greater hath double her ordinance , the less will turn her broad side twice , before the great ship can wind once , and so no advantage in that over-plus of guns . the lesser will go over clear where the greater shall stick and perish ; the lesser will come and go , leave or take , and is yare , whereas the greater is slow , unmanyable , and ever full of encumber . in a well conditioned ship , these things are chiefly required . . that she be strong built . . swift in sail . . stout-sided . . that her ports be so laid , as that she may carry out her guns all weathers . . that she hull and trie well . . that she stay well , when boarding , or turning on a wind is required . to make her strong , consisteth in the care and truth of the work-man ; to make her swift , is to give her a large run , or way forward , and so afterward , done by act and just proportion , and that in laying out of her bowes before , and quarters behind ; the ship-wright be sure , that she neither sink nor hang into the water , but lie clear and a●ove it , wherein ship-wrights do often fail , and then is the speed in sailing utterly spoiled . that she be stout-sided , the same is provided by a long bearing floar , and by sharing off from above waters to the low ●●edge of the ports , which done , then will she carry out her ordinance all we●thers . to make her to hull and to trie well , which i● called a good sea-ship , there are two things principally to be regarded , the one that she have a good draught of water , the other that she be not overcharged : and this is seldom done in the kings ships , and therefore we are forced to lye , or trie in them with our main course and mizen , which with a deep keel and standing streak , she would perform . the extream length of a ship makes her unapt to stay , especially if she be floatie and want sharpnesse of way forward . and it is most true , that such over-long ships , are fitter for the narrow seas in summer , than for the ocean , or long voyages : and therefore an hundred foot by the keel , and thirtie five foot broad is a good proportion for a great ship. it is to be noted , that all ships sharp before , not having a long floar , will fall rough into the sea from a billow , and take in water over head and ears ; and the same quality have all narrow-quartered ships to sink after the tail . the high charging of ships , is that that brings many ill qualities , it makes them extream lee-ward , makes them sink deep into the seas , makes them labour sore in foul weather , and oft-times overset . safety is more to be respected than shews , or nicenesse for ease ; in sea journeys both cannot well stand together , and therefore the most necessary is to be chosen . two decks and an half is enough , and no building at all above that , but a low masters cabbin . our masters and mariners will say , that the ships will bear more well enough ; and true it is , if none but ordinary mariners served in them . but men of better sort , unused to such a life , cannot so well endure the rowling and tumbling from side to side , where the seas are never so little grown , which comes by high charging . besides those high cabbin works aloft , are very dangerous in sight , to tear men with their splinters . above all other things , have care that the great guns be four foot clear above water when all lading is in , or else these best pieces are idle sea : for if the ports lie lower , and be open it is dangerous ; and by that default was a goodly ship , and many gallant gentlemen lost , in the days of henry the eigth , before the isle of wight , in a ship called by the name of mary-rose . sir walter raleighs pilgrimage . give me my scallop shell of quiet . my staff of faith to walk upon ; my scrip of joy immortall diet ; my bottle of salvation . my gown of glorie ( hopes true gage ) and thus i le take my pilgrimage . bloud must be my bodies onely balmer , no other balm will there be given whil'st my soul , like a quiet palmer , travelleth towards the land of heaven over the silver mountains where springs the nectar fountains , there i will kisse the bowl of blisse , and drink mine everlasting fill upon every milken hill . my soul will be a drie before , but after , it will thirst no more . i le take them first to quench my thirst , and tast of nectars suckets , at those clear wells where sweetnesse dwells , drawn up by saints in chrystal buckets . then by that happy blestfull day , more peacefull pilgrims i shall see , that have cast off their rags of clay , and walk apparelled fresh like me , and when our bo●les and all we are fill'd with immortalitie , then the blessed parts wee 'l travell , strow'd with rubies thick as gravell , sealings of diamonds , saphire flowers , high walls of coral , and pearly bowers . from thence to heavens bribeless hall , where no corrupted voices brawl , no conscience molten into gold , no forg'd accuser bought or sold , no cause deferr'd , no vain-spent iourny , for there , christ is the kings attorney , who pleads for all without degrees , and he hath angels , but no fees : and when the twelve grand-million iury of our sins , with direfull furie , 'gainst our souls black verdicts give , christ pleads his death , & then we live. be thou my speaker [ taintless pleader , unblotted lawyer , true proceeder . ] thou would'st salvation even for alms , not with a bribed lawyers palms . and this is mine eternall plea to him that made heaven , earth & sea , that since my flesh must die so soon , and want a head to dine next noon , iust at the stroak , when my veins start & spread , set on my soul an everlasting head. then am i ready , like a palmer fit to tread those blest paths which before i writ . of death & iudgement , heaven & hell , who oft doth think , must needs die wel . sir raleigh's verses ; found in his bible in the gate-house at westminster . even such is time , which takes in trust our youth , our ioye , and all we have , and pays us nought but age and dust , when in the dark and silent grave : when we have wandred all our ways , shuts up the storie o● our days : and from which grave , & earth , & dust , the lord shall raise me up i trust . sir w. raleigh , on the snuff of a candle the night before he died . cowards fear to die , but courage stout , rather than live in snuff , wil be put out . sir walter raleigh's speech immediately before he was beheaded . upon simon and judes day , the lieutenant of the tower had a warrant to bring his prisoner to the kings-bench . w 〈◊〉 〈◊〉 , where the attorney generall demanded execution , according to the iudgement pronou●ced against him at w 〈…〉 , the lord chief iustice caused the indictment . verdict and iudgement to be read , and after asked him , what he could say , why he should not die according to the law ; his answer was , that this fifteen years he had lived by the meer mercy of the king , and did now wonder how his mercy was turned into iustice , he not knowing any thing wherein he had provoked his majesties displeasure , and did hope , that he was clear from that iudgement by the kings commission in making him generall of the voyage to guiana , for ( as he conceived ) the words , to his trusty and well beloved subject , &c. did in themselves imply a pardon . but master attorney told him , these words were not sufficient for that purpose . whereupon he desired the opinion of the court , to which the lord chief iustice replied , it was no pardon in law. then began sir walter raleigh to make a long description of the events and ends of his voyage , but he was interrupted by the chief iustice , who told him , that it was not for any offence committed there , but for his first fact that he was now called in question , and thereupon told him , that seeing he must prepare to die he would not add affliction to affliction , nor aggravate his fault , knowing him to be a man full of misery ; but with the good samaritane administer oyl and wine for the comfort of his distressed soul. you have been a generall , and a great commander , imitate therefore that noble captain , who thrusting himself into the middest of a battell , cried aloud , mors me expect●t , & ego mortem expectabo , as you should not contemn so to do , nor should you fear death , the one sheweth too much boldnesse , the other no lesse cowardize , so with some other few instructions the court arose , and sir walter was committed into the hands of the sheriff of middlesex , who presently conveyed him to the gate house in westminster . upon thursday morning this couragious , although committed knight , was brought before the parliament-house , where there was a scaffold erected for his beheading : yet it was doubted over-night that he should be hanged , but it fell out otherwise . he had no sooner mounted the scaffold , but with a chearfull countenance and andaunted look , he saluted the companie . his attire was a wrought night-cap , a ruff band , a hair-coloured sattin doublet , with a black wrought waste-coat under it , a pair of black cut taffery breeches , a pair of ash-coloured silk stockings & a wrought black velvet night gown ; putting off his hat , he directed his speech to the lords present , as followeth . my honourable lords , and the rest of my good friends that come to see me die , know , that i much rejoyce that it hath pleased god to bring me from darknesse to night , and in freeing me from the tower , wherein i might have died in disgrace , by letting me love to come to this place , where though i lose my life , yet i shall clear some false accusations , unjustly laid to my charge , and leave behind me a testimony of a true heart , both to my king and country . two things there are which have exceedingly possest and provoked his majesties indignation against me , viz. a confederacie , or combination with france , and disloyall and disobedient words of my prince . for the first , his majestie had some cause , h●●●gh groundes upon a weak foundation , to suspect mine inclination to the french action , for not long before my departure from england , the french agent took occasion , passing by my house , to visit me , had some conference , during the time of his abode , onely concerning my voyage , and nothing else , i take god to witnesse . another suspition is had of me , because i did labour to make an escape from plymouth to france , i cannot deny , but that willingly , when i heard a rumour , that there was no hope of my life upon my return to london , i would have escaped so the safeguard of my life , and not for any ill intent or conspiracie against the state. the like reason of suspition arose , in that i perswaded sir lewis steakly , my guardian , to flee with me from london to france , but my answer to this is , as to the other , that onely for my safeguard , and thought else , was my intent , as i shall answer before the almightie . it is alleadged , that i seigned my self sick and in art made my body full of blisters when i was at salisbury . true it is , i did to ; the reason was , because i hoped thereb● to defer my coming before the king and councell , and so by delaying , might have gaine time to have got my pardon . i have an example out of scripture for my warrant , that in case of necessity , and for the safeguard of my life , david seigned himself foolish and mad , yet it was not imputed to him for sin . concerning the second imputation laid to my charge , that i should speak scandalous and reprochfull words of my prince , there is no witnesse against me but onely one , and he a chimicall french man , whom i entertained , rather for his iests than his iudgement : this man to incroach himself into the favour of the lords , and gaping after some great reward , hath falsely accused me of seditions speeches against his majestie ; against whom , if i did either speak , or think a thought hurtfull or prejudiciall , the lord blot me out of the book of life . it is not a time to flatter or fear princes , for i am a subject to none but death ? therefore have a charitable conceit of me . that i know to swear is an offence , to swear falsly at any time is a great sin , but to swear false before the presence of almightie god , before whom i am forthwith to appear , were an offence unpardonable ; therefore think me not now rashly , or untruly to confirm , or protest any thing . as for other objections , in that i was brought perforce into england , that i carried sixteen thousand pounds in money out of england with me , more than i i made known ; that i should receive letters from the french king , and such like , with many protestations he utterly denied . finis . the prerogative of parliaments in england . proved in a dialogue between a counsellour of state , and a iustice of peace . written by the worthy knight . sir walter raleigh . dedicated to that part of the parliament now assembled . preserved to be now happily ( in these distracted times ) published . london , printed for william sheares iunior , in westminster hall. . to the king . most gracious soveraign : those that are supprest and helpelesse are commonly silent , wishing that the common ill in all sort might be with their particular misfortunes : which disposition , as it is uncharitable in all men , so would it be in me more dogge-like then man-like , to bite the stone that strooke me : ( to wit ) the borrowed authority of my soveraigne misinformed , seeing their armes and hunds that flang it , are most of them already rotten . for i must confesse it ever , that they are debts , and not discontentments , that your majesty hath laid upon me ; the debts and obligation of a friendlesse adversity , farre more payable in all kinds , then those of the prosperous : all which , nor the least of them , though i cannot discharge , i may yet endeavour it . and notwithstanding my restraint hath retrenched all wayes , as well the wayes of labour and will , as of all other imployments , yet hath it left with me my cogitations , then which i have nothing else to offer on the altar of my love. of those ( most gracious soveraigne ) i have used some part in the following dispute , between a counsellour of estate , and a iustice of peace , the one disswading , the other perswading the calling of a parliament . in all which , since the norman conquest ( at the least so many , as histories have gathered ) i have in some things in the following dialogue presented your majesty with the contentions and successes . some things there are , and those of the greatest , which because they ought first to be resolved on , i thought fit to range them in the front of the rest , to the end your majesty may be pleased to examine your own great and princely heare of their acceptance , or refusall . the first is , that supposition , that your majesties subjects give nothing but with adjuction of their own interest , interlacing in one , and the same act your majesties reliefe , and their own liberties ; not that your majesties piety was ever suspected , but because the best princes are ever the least jealous , your majesty judging others by your self , who have abused your majesties trust . the fear'd continuance of the like abuse may perswade the provision but this caution , how ever it seemeth at first sight , your majesty shall perceive by many examples following but frivolous . the bonds of subjects to their kings should alwayes be wrought out of iron , the bonds of kings unto subjects but with cobwebs . this it is ( most renowned soveraigne ) that this trafficke of assurances hath been often urged , of which , if the conditions had been easie , our kings have as easily kept them ; if hard and prejudiciall , either to their honours or estates , the creditours have been paid their debts whith their own presumption . for all binding of a king by law upon the advantage of his necessity , makes the breach it self lawfull in a king , his charters and all other instruments being no other then the surviuing witnesses of unconstrained will : princeps non subjicitur nifi sua voluntate libera , mero motu & certa scientia : necessary words in all the grants of a king witnessing that the same grants were given freely and knowingly . the second resolution will rest in your majesty , leaving the new impositions , all monopolies , and other grievances of the people to the consideration of the house , provided , that your majesties revenue be not abated , which if your majesty shall refuse , it is thought that the disputes will last long , and the issues will be doubtfull : and on the contrary if your majesty vouchsafe it , it may perchance be stiled a yeelding , which seemeth by the sound to brave the regalty . but ( mose excellent prince ) what other is it to th' eares of the wise , but as the sound of a trumpet , having blasted forth a false alarme , becomes but common aire ? shall the head yeeld to the feete ? certainly it ought , when they are grieved , for wisdome will rather regard the commodity , then object the disgrace , seeing if the feet lye in fetters , the head cannot be freed , and where the feet feele but their own paines , the head doth not onely suffer by participiation , but withall by consideration of the evill . certainly the point of honour well weighed hath nothing in it to even the ballance , for by your majesties favour , your majesty doth not yeeld either to any person , or to any power , but to a dispute onely , in which the proposition and minor prove nothing without a conclusion , which no other person or power can make , but a majesty : yea this in henry the third his time was called a wisedome incomparable . for , the king raised again , recovery his authority : for , being in that extremity as he was driven with the queen and his children , cum abbatibus & prioribus satis humilibus hospitia quaerere & prandia : for the rest , may it please your majesty to consider that there can nothing befall your majesty in matters of affaires more unfortunately , then the commons of parliament with ill successe : a dishonour so perswasive and adventurous as it will not onely find arguments ; but it will take the leading of all enemies that shall offer themselves against your majesties estate . le tabourin de la paurete ne faict poinct de breuct : of which dangerous disease in princes , the remedy doth chiefly consist in the love of the people , which how it may be had & held , no man knowes better then your majesty ; how to loose it , all men know , and know that it is lost by nothing more then by the defence of others in wrong doing . the onely motives of mischances that ever come to kings of this land since the conquest . it is onely love ( most renowned soveraign ) must prepare the way for your majesties following desires . it is love which obeyes , which suffers , which gives , which stickes at nothing ; which love , as well of your majesties people , as the love of god to your majesty , that it may alwayes hold shall be the continuall prayers of your majesties most humble vassall , walter ralegh . a dialogue between a counsellour of state , and a justice of peace . counsellour . now sir , what think you of m. s. iohns tryall in star-chamber ? i know that the bruit ranne that he was hardly dealt withall , because he was imprisoned in the tower , seeing his disswasion from granting a benevolence to the king was warranted by the law. justice . surely sir it was made manifest at the hearing , that m. s. iohn was rather in love with his own letter ; he confessed he had seen your lordships letter , before hee wrote his to the major of marleborough , and in your lordships letter , there was not a word whereto the statutes by mr. sr. iohn alleadged , had reference ; for those statutes did condemn the gathering of money from the subject , under title of a free gift ; whereas a fift , a sixt , a tenth , &c. was set down and required . but my good lord , though divers shires have given to his majestie , some more , some lesse , what is this to the kings debt ? couns. wee know it well enough , but we have many other projects . iust . it is true my good lord : but your lordship will find , that when by these you have drawn many petty summes from the subjects , and those sometimes spent as fast as they are gathered , his majesty being nothing enabled thereby , when you shall be forced to demand your great aide , the the countrey will excuse it self in regard of their former payments . couns. what mean you by the great aide ? just . i mean the aide of parliament . couns. by parliament , i would fain know the man that durst perswade the king unto it , for if it should succeed ill , in what case were he ? just . you say well for your self my lord , and perchance you that are lovers of your selves ( under pardon ) do follow the advice of the late duke of alva , who was ever opposite to all resolutions in businesse of importance ; for if the things enterprised succeeded well , the advice never came in question ; if ill , ( whereto great undertakings are commonly subject ) he then made his advantage by remembring his countrey councell : but my good lord , these reserved polititians are not the best servants , for he that is bound to adventure his life for his master , is also bound to adventure his advice , keep not back councell ( saith ecclesiasticus ) when it may do good . couns. but sir , i speak it not in other respect then i think it dangerous for the king to assemble the three estates , for thereby have our former kings alwayes lost somewhat of their prerogatives . and because that you shall not think that i speak it at randome , i will begin with elder times , wherein the first contention began betwixt the kings of this land and their subjects in parliament . iust . your lordship shall do me a singular favour . couns. you know that the kings of england had no formal parliament till about the . year of hen. the first , for in his year for the marriage of his daughter , the king raised a tax upon every hide of land by the advice of his privy councell alone . but you may remember how the subjects soon after the establishment of this parliament , began to stand upon termes with the king , and drew from him by strong hand and the sword the great charter . just . your lordship sayes well , they drew from the king the great charter by the sword , and hereof the parliament cannot be accused , but the lords . couns. you say well , but it was after the establishment of the parliament , and by colour of it , that they had so great daring , for before that time they could not endure to hear of sr. edwards lawes , but resisted the confirmation in all they could , although by those lawes the subjects of this iland were no lesse free than any of all europe . just . my good lord , the reason is manifest ; for while the normans and other of the french that followed conquerour made spoyle of the english , they would not endure that any thing but the will of the conquerour should stand for law : but after a difcent or two when themselves were become english , and found themselves beaten with their own rods , they then began to favour the difference between subjection and slavery , and insist upon the law , meum & tuum , and to be able to say unto themselves , hoc sac & vives : yea that the conquering english in ireland did the like , your lordship knowes it better than i. couns. i think you guesse aright : and to the end the subject may know that being a faithfull servant to his prince he might enjoy his own life , and paying to his prince what belongs to a soveraigne , the remainder was his own to dispose . henry the first to content his vassals gave them the great charter , and the charter of forrests . just . what reason then had k. iohn to deny the confirmation . couns. he did not , but he on the contrary confirmed both the charters with additions , & required the pope whom he had them made his superior to strengthen him with a golden bul. just . but your honour knowes , that it was not long after , that he repented himself . couns. it is rrue , and he had reason so to do for the barons refused to follow him into france , as they ought to have done , and to say true , this great charter upon which you insist so much , was not originally granted regally aud freely ; for henry the first did usurpe the kingdome , and therefore the better to assure himself against robert his eldest brother , hee flattered the nobility and people with those charters . yea king iohn that confirmed them , had the like respect for arthur duke of britain , was the undoubted heir of the crown , upon whom iohn usurped . and so to conclude , these charters had their originall from kings de facto but not de jure . just . but king iohn confirmed the charter after the death of his nephew arthur , when he was then rex de jure also . couns. it is true , for he durst do no other , standing accursed , whereby few or none obeyed him , for his nobility refused to follow him into scotland , and he had so grieved the people by pulling down all the parke pales before harvest , to the end his deere might spoil the corn ; and by seizing the temporalities of so many bishopricks into his hands , and chiefly for practising the death of the duke of britain his nephew , as also having lost normandy to the french , so as the hearts of all men were turned from him . iust . nay by your favour my lord , king iohn restored k. edwards laws after his absolution , and wrote his letters in the . of his reigne to all sheriffes countermanding all former oppressions , yea this he did notwithstanding the lords refused to follow him into france . couns. pardon me , he did not restore king edwards lawes then , nor yet confirmed the charters , but he promised upon his absolution to doe both : but after his return out of france , in his . year he denyed it , because without such a promise he had not obtained restitution , his promise being constrained , and not voluntary . iust . but what think you ? was hee not bound in honour to performe it . couns. certainly no , for it was determined the case of king francis the first of france , that all promises by him made , whilest he was in the hands of charles the fift his enemy , were void , by reason the judge of honour , which tells us he durst doe no other . just . but king iohn was not in prison . couns. yet for all that , restraint is imprisonment , yea , fear it self is imprisonment , and the king was subject to both : i know there is nothing more kingly in a king than the performance of his word ; but yet of a word freely and voluntarily given . neither was the charter of henry the first so published , that all men might plead it for their advantage but a charter was left ( in deposito ) in the hands of the archbishop of canterbury for the time , and so to his successours . stephen langthon , who was ever a traytor to the king , produced this charter , and shewed it to the barons , thereby encouraging them to make war against the king. neither was it the old charter simply the barons sought to have confirmed , but they presented unto the king other articles and orders , tending to the alteration of the whole commonwealth , which when the king refused to signe , the barons presently put themselves into the field , and in rebellious and outragious fashion sent the king word , except he confirmed them , they would not desist from making war against him , till he had satisfied them therein . and in conclusion , the king being betrayed of all his nobility , in effect was forced to grant the charter of magna charta , and charta de forestis , at such time as he was invironed with an army in the meadowes of staynes , which harters being procured by force , pope innocent afterward disavowed , and threatned to curse the barons if they submitted not themselves as they ought to their soveraigne lord , which when the lords refused to obey , the king entertained an army of strangers for his own defence , wherewith having mastered and beaten the barons , they called in lewes of france ( a most unnaturall resolution ) to be their king neither was magna charta a law in the . of henry the d . but simply a charter which hee confirmed in the . of his reigne , and made it a law in the . according to littletons opinion . thus much for the beginning of the great cbarter , which had first an obscure birth from usurpation , and was secondly fostered and shewed to the world by rebellion . just . i cannot deny but that all your lordship hath said is true ; but seeing the charters were afterwards so many times confirmed by parliament and made lawes , and that there is nothing in them unequall or prejudicial to the king , doth not your honour think it reason they should be observed ? couns. yes , and observed they are in all that the state of a king can permit , for no man is destroyed but by the lawes of the land , no man disseized of his inheritance but by the lawes of the land , imprisoned they are by the prerogative where the king hath cause to suspect their loyalty : for were it otherwise , the king should never come to the knowledge of any conspiracy or treason against his person or state , and being imprisoned , yet doth not any man suffer death but by the law of the land . just . but may it please your lordship , were not cornewallis , sharpe , and hoskins imprisoned , being no suspition of treason there ? couns. they were ; but it cost them nothing . just . and what got the king by it ? for in the conclusion ( besides the murmure of the people ) cornewallis , sharpe , and hoskins having greatly overshot themselves , and repented them , a fine of or l. was laid on his majesty for their offences , for so much their diet cost his majesty . couns. i know who gave the advice , sure i am that it was none of mine : but thus i say , if you consult your memory , you shall find that those kings which did in their own times comfirme the magna charta , did not onely imprison , but they caused of their nobility and others to be slain without hearing or tryall , just . my good lord , if you will give me leave to speak freely , i say , that they are not well advised that perswade the king not to admit the magna charta with the former reservations . for as the king can never lose a farthing by it as i shall prove anon : so except england were as naples is , and kept by garrisons of another nation , it is impossible for a king of england to greaten and inrich himself by any way so assuredly , as by the love of his people : for by one rebellion the king hath more losse then by a hundred years observance of magna charta , for therein have our kings been forced to compound with roagues and rebels , and to pardon them , yea the state of the king , the mouarchie , the nobility have been endangered by them . couns. well sir , let that passe , why should not our kings raise mony as the kings of france do by their letters and edicts onely ? for since the time of lewes the . of whom it is said , that he freed the french kings of their wardship , the french kings have seldome assembled the states for any contribution . just . i will tell you why : the strength of england doth consist of the people and yeomanry , the pefants of france have no courage nor armes : in france every village and burrough hath a castle , which the french call chasteau villain , every good city hath a good cittadell , the king hath the regiments of his guards and his men at armes alwayes in pay ; yea the nobility of france in whom the strength of france consists , doe alwayes assist the king in those leavies , because themselves being free , they made the same leavies upon ther tennants . but my lord , if you marke it , france was never free in effect from civill wars , and lately it was endangered either to be conquered by the spaniard , or to be cantonized by the rebellious french themselves , since that freedome of wardship . but my good lord , to leave this digression , that wherein i would willingly satisfie your lordship , is , that the kings of england have never received losse by parliament , or prejudice . couns. no sir , you shall find that the subjects in parliament have decreed great things to the disadvantage and dishonour of our kings in former times . just . my good lord , to avoid confusion , i will make a short repitition of them all , & then your lordship may object where you see cause ; and i doubt not but to give your lordship satisfaction . in the sixt year of henry the d there was no dispute , the house gave the king two shillings of every plough land within england , and in the end of the same year he had escuage payed him ( to wit ) for every knights fee two marks in silver . in the fifth year of that king , the lords demaunded the confirmation of the great charter which the kings councell for that time present excused , alleadging that those priviledges , were exhorted by force during the kings minoritie , and yet the king was pleased to send forth his writ to the sheriffes of every countrey , requiring them to certifie what those liberties were , and how used , and in exchange of the lords demaund , because they pressed him so violently , the king required all the castles and places which the lords held of his , and had held in the time of his father , with those manors and lordships which they had heretofore wrested from the crown , which at that time ( the king being provided of forces ) they durst not deny , in the year he had the . peny of all goods given him , upon condition to confirme the great charter : for by reason of the wars in france , and the losse of rochett , he was them enforced to consent to the lords in all they demanded , in the tenth of his reigne he fined the city of london at . marks , because they had received lewis of france , in the . year in the parliament at oxford , he revoked the great charter , being granted when he was under age , and governed by the earle of pembroke and the bishop of winchester , in this . year the earles of cornewall and chester , marshall , edward earle of pembroke , gilbert earle of gloucester , warren , hereford , ferrars , and warwick , and others rebelled against the king , and constrained him to yeeld unto them in what they demaunded for their particular interest , which rebellion being appeased , he sayled into france , and in his . year he had a th of the temporality , and a disme and a half of the spirituality , and withall escuage of every knights fee. couns. but what say you to the parliament of westminster in the th . of the king , where notwithstanding the wars of france and his great charge in repulsing the welsh rebels , he was flatly denyed the subsidy demanded . iust . i confesse , my lord , that the house excused themselves by reason of their poverty , and the lords taking of armes ; in the next year it was manifest that the house was practised aganst the king : and was it not so , my good lord , think you in our two last parliaments , for in the first even those whom his majesty trusted most , betrayed him in the union , and in the second there were other of the great ones ran counter . but your lordship spake of dangers of parliaments , in this , my lord , there was a denyall , but there was no danger at all : but to returne where i left , what got the lords by practizing the house at that time ? i say that those that brake this staffe upon the king , were overturned with the counterbuffe , for he resumed all those lands which he had given in his minority , he called all his exacting officers to accompt , he found them all faulty , he examined the corruption of other magistrates , and from all these he drew sufficient money to satisfie his present necessity ; whereby he not onely spared his people , but highly contented them with an act of so great iustice : yea hubert earle of kent , the chief iustice whom he had most trusted , and most advanced , was found as false to the king as any one of the rest . and for conclusion in the end of that year at the assembly of the states at lambeth , the king had the fortieth part of every mans goods given him freely toward his debts , for the people , who the same year had refused to give the king any thing , when they saw he had squeased those spunges of the common-wealth , they willingly yeelded to give him satisfaction . couns. but i pray you what became of this hubert , whom the king had favoured above all men , betraying his majesty as he did . iust . there were many that perswaded the king to put him to death , but he could not be drawn to consent , but the king seized upon his estate which was great ; yet in the end he left him a sufficient portion , and gave him his life because he had done great service in former times : for this majesty , though he tooke advantage of his vice , yet he forgot not to have consideration of his vertue . and upon this occasion it was that the king , betrayed by those whom he most trusted , entertained strangers , and gave them their offices and the charge of his castles and strong places in england . couns. but the drawing in of those strangers was the cause that marshall earle of pembroke moved war against the king. just . it is true , my good lord , but he was soon after slain in ireland , and his whole masculine race , ten yeares extinguished , though there were five sons of them , and marshal . being dead , who was the mover and ring-leader of that war , the king pardoned the rest of the lords that had assisted marshall . couns. what reason had the king so to doe ? just . because he was perswaded , that they loved his person , and only hated those corrupt counsellors , that then bare the greatest sway under him , as also because they were the best men of war he had , whom if he destroyed , having war with the french , he had wanted commanders to have served him . couns. but what reason had the lords to take armes ? just . because the king entertained the poictovins , were not they the kings vassals also ? should the spaniards rebell , because the spanish king trusts to the neapolitans , fortagues , millanoies , and other nations his vassals , seeing those that are governed by the vice-royes and deputies , are in policy to be well entertained & to be employed , who would otherwise devise how to free themselves ; whereas , being trusted and imployed by their prince , they entertain themselves with the hopes that other the kings vassals do , if the king had called in the spaniards , or other nations , not his subjects , the nobilitie of england had reason of grief . couns. but what people did ever serve the king of england more faithfully then the gascoynes did , even to the last of the conquest of that duchie ? iust . your lordship sayes well , and i am of that opinion , that if it had pleased the queen of eng. to have drawn some of the chief of the irish nobilitie into eng. and by exchange to have made them good free-holders in eng. she had saved above . millions of pounds , which were consumed in times of those rebellions . for what held the great gascoigne firme to the crown of england ( of whom the duke of espernon married the inheritrix ) but his earldome of kendall in england , whereof the duke of espernon ( in right of his wife ) beares the title to this day ? and to the same end i take it , hath iames our soveraign lord given lands to divers of the nobilitie of scotland . and if i were worthy to advise your lordship , i should think that your lordship should do the king great service , to put him in mind to prohibite all the scottish nation to alienate and sell away their inheritance here ; for they selling , they not only give cause to the english to complain , that the treasure of england is transported into scotland , but his majestie is thereby also frustrated of making both nations one , and of assuring the service and obedience of the scots in future . couns. you say well for though those of scotland that are advanced and enriched by the kings majesties will , no doubt serve him faithfully , yet how their heires and successors , having no inheritance to lose in england , may be seduced , is uncertain . but let us go on with our parliament . and what say you to the denyall , in the th . year of his reigne , even when the king was invited to come into france by the earle of march , who had married his mother , and who promised to assist the king in the conquest of many places lost ? iust . it is true my good lord , that a subsidie was then denied , and the reasons are delivered in english histories , and indeed the king not long before had spent much treasure in aiding the duke of britain to no purpose ; for he drew over the king but to draw on good conditions for himself , as the earle of march his father in law now did : as the english barons did invite lewes of france not long before , as in elder times all the kings and states had done , and in late years the leaguers of france entertained the spaniards , and the french protestants and netherlands , queen elizabeth , not with any purpose to greaten those that aide them , but to purchase to themselves an advantageous peace . but what say the histories to this denyall ? they say , with a world of payments there mentioned , that the king had drawn the nobility drie . and besides , that whereas not long before great summes of money were given , and the same appointed to be kept in four castles , and not to be expended but by the advice of the peeres ; it was beleeved , that the same treasure was yet unspent . couns. good sir you have said enough ; judge you whether it were not a dishonour to the king to be so tyed , as not to expend his treasure but by other mens advice , as it were by their licence . iust . surely , my lord , the king was well advised to take the money upon any condition , and they were fooles that propounded the restraint ; for it doth not appear , that the king took any great heed to those overseers : kings are bound by their pietie , and by no other obligation . in queen maries time , when it was thought that she was with child , it was propounded in parliament , that the rule of the realme should be given to king philip , during the minoritie of the hoped prince or princesse ; and the king offered his assurance in great summes of money , to relinquish the government at such time as the prince or princesse should be of age : at which motion , when all else were silent in the house , lord da●res ( who was none of the wisest ) asked who shall sue the kings bonds ? which ended the dispute , ( for what other bond is between a king and his vassals , then the bond of the kings faith ? ) but , my good lord , the king , notwithstanding the denyall at that time , was with gifts from particular persons , and otherwise , supplyed for proceeding of his journey for that time into france ; he took with him caskes filled with silver and coyne , which was a great treasure in those dayes . and lastly , notwithstanding the first denyall , in the kings absence he had escuage granted him ( to wit ) s . of every knights fee. couns. what say you then to the th year of that king , in which when the king demanded reliefe , the states would not consent , except the the same former order had bin taken for the appointing of overseers for the treasure : as also that the lord chief iustice and the l. chancelor should be chosen by the states , with some barons of the exchequer and other officers . just . my good lord , admit the king had yeelded their demands , then whatsoever had been ordained by those magistrates to the dislike of the common-wealth , the people had been without remedie , whereas while the king made them , they had their appeal and other remedies . but those demands vanished , and in the end the king had escuage given him , without any of their conditions . it is an excellent vertue in a king to have patience , and to give way to the furie of mens passions . the whale when he is strucken by the fisherman , growes into that furie , that he cannot be resisted : but will overthrow all the ships and barkes that come into his way ; but when he hath tumbled a while , he is drawn to the shore with a twin'd thred . couns. what say you then to the parliament in the th . of that king ? iust . i say , that the commons being unable to pay , the king relieves himself upon the richer sort : and so it likewise happened in the . of that king , in which he was relieved chiefly by the citie of london . but , my good lord , in the parliament in london in the th year , he had given him the tenth of all the revenues of the church for years , and three marks of every knights fee throughout the kingdome , upon his promise and oath upon the observing of magna charta , but in the end of the same year , the king being then in france , he was denyed the aides which he required . what is this to the danger of a parliament ? especially at this time they had reason to refuse , they had given so great a summe in the beginning of the same year . and again ; because it was known that the king had but pretended war with the king of castile , with whom he had secretly contracted an alliance , and concluded a marriage betwixt his son edward and the lady elenor. these false fires do but fright children , and it commonly falls out , that when the cause given is known to be false , the necessitie pretended is thought to be fained . royall dealing hath evermore royall successe : and as the king was denyed in the eight and thirtieth year , so was he denyed in the nine and thirtieth year , because the nobilitie and the people saw it plainely , that the k. was abused by the pope , who as well in despite to manfred bastard son to the emperour frederick the second : as to cozen the king and to waste him , would needes bestow on the king the kingdome of sicily ; to recover which the king sent all the treasure he could borrow or scrape to the pope , and withall gave him letters of credence , for to take up what he could in italy , the king binding himself for the payment . now , my good lord , the wisdome of princes is seen in nothing more then in their enterprises . so how unpleasing it was to the state of england to consume the treasure of the land , and in the conquest of sicily so far off , and otherwise , for that the english had lost normandie under their noses , and so many goodly parts of france , of their own proper inheritances : the reason of the denyall is as well to be considered as the denyall . couns. was not the king also denyed a subsidie in the fortie first of his reigne ? iust . no , my lord : for although the king required money as before , for the impossible conquest of sicily , yet the house offered to give marks , which whether he refused or accepted , is uncertain : and whilst the king dreamed of sicily , the welsh invaded and spoyled the borders of england ; for in the parliament of london , when the king urged the house for the prosecuting the conquest of sicily , the lords utterly disliking the attempt , urged the prosecuting of the welshmen : which parliament being proroged did again assemble at oxford , and was called the mad parliament , which was no other then an assembly of rebels , for the royal assent of the king which gives life to all lawes , form'd by the three estates , was not a royall assent , when both the king and the prince were constrained to yeeld to the lords . a contrained consent is the consent of a captive and not of a king and therefore there was nothing done their either legally or royally . for if it be not properly a parliament where the subject is not free , certainely it can be none where the king is bound , for all kingly rule was taken from the king , and twelve peeres appointed , and as some writers have it . peeres , to governe the realme , and therefore the assembly made by iack straw and other rebels may aswell be called a parliament as that of oxford . principis nomen habere , non est esse princeps , for thereby was the k. driven not only to compound all quarrels with the french , but to have meanes to be revenged on the rebell lords : but he quitted his right to normandy , anjou and mayne . couns. but sir , what needed this extremity , seeing the lords required but the confirmation of the former charter , which was not prejudiciall to the king to grant ? just . yes my good lord , but they insulted upon the king , and would not suffer him to enter into his own castles , they put down the purveyor of the meat for the maintenance of his house : as if the king had been a bankrupt , and gave order that without ready money he should not take up a chicken . and though there is nothing against the royalty of a king in these charters ( the kings of england being kings of freemen and not of slaves ) yet it is so contrary to the nature of a king to be forced even to those things which may be to his advantage , as the king had some reason to seek the dispensation of his oath from the pope , and to draw in strangers for his own defence : yea jure salvo coronae nostrae is intended inclusively in all oathes and promises exacted from a soveraigne . couns. but you cannot be ignorant how dangerous a thing it is to call in other nations both for the spoil they make , as also , because they have often held the possession of the best places with which they have been trusted . just . it is true my good lord , that there is nothing so dangerous for a king as to be constrained and held as prisoner to his vassals , for by that , edward the second , and richard the second lost their kingdomes and their lives . and for calling in of strangers , was not king edward the sixth driven to call in strangers against the rebels in norfolke , cornwall , oxfordshire and elsewhere ? have not the kings of scotland been oftentimes constrained to entertain strangers against the kings of england : and the king of england at this time had he not bin diverse times assisted by the kings of scotland & had bin endangered to have been expelled for ever . couns. but yet you know those kings were deposed by parliament . just . yea my good lord being prisoners , being out of possession , and being in their hands that were princes of the blood and pretenders . it is an old countrey proverbe , ( that might overcomes right ) a weak title that weares a strong sword , commonly prevailes against a strong title that weares but a weak one , otherwise philip the second had never been duke of portugal , nor duke of millayne , nor king of naples & sicily . but good lord , errores non sunt trahendi in exemplum . i speak of regall , peaceable , and lawfull parliaments . the king at this time was but a king is name , for glocester , leicester and chichester made choise of other nine , to whom the rule of the realme was committed , and the prince was forced to purchase his liberty from the earle of leicester , by giving for his ransome the countey pallatine of chester . but my lord let us judge of those occasions by their events what became of this proud earle ? was he not soon after slain in evesham ? was he not left naked in the field , and left a shamfull spectacle , his head being cut off from his shoulders , his privie parts from his body , and laid on each side of his nose ? and did not god extinguish his race , after which in a lawfull parliament at westminster ( confirmed in a following parliament of westminster ) were not all the lords that followed leycester disinheried ? and when that fool glocester after the death of leycester ( whom he had formerly forsaken ) made himself the head of a second rebellion , and called in strangers , for which not long before he had cried out against the king , was not he in the end , after that he had seen the slaughter of so many of the barons , the spoil of their castles , and lordships constrained to submit himself , as all the survivers did , of which they that sped best , payed their fines and ransomes , the king reserving his younger son , the earledomes of leycester and derby . couns. well sir , we have disputed this king to the grave , though it be true , that he out-lived all his enemies , and brought them to confusion , yet those examples did not terrifie their successors , but the earle marshall , and hereford , threatned king edward the first , with a new war. iust . they did so , but after the death of hereford , the earle marshall repented himself , and to gain the kings favour , he made him heir of all his lands . but what is this to the parliament ? for there was never king of this land had more given him for the time of his raign , then edward the son of henry the third had . couns. how doth that appear ? just . in this sort my good lord , in this kings third year he had given him the fifteenth part of all goods . in his sixt year a twentyeth . in his twelfth year a twentyeth , in his fourteenth year he had escuage ( to wit ) forty shillings of every knights fee , in this eighteenth year he had the eleventh part of all moveable goods within the kingdome , in his nineteenth year the tenth part of all church livings in england , scotland and ireland ; for six years , by agreement from the pope , in his three and twentieth year he raised a taxe upon wool and fels , and on a day caused all the religious houses to be searched , and all the treasure in them to be seized and brought to his coffers , excusing himself by laying the fault upon his treasurer , he had also in the end of the same year , of all goods of all burgesses , and of the commons the th part , in the th year of the parliament of st. edmundsbury , he had an th part of the goods of the burgesses , and of the people in generall , the tenth part . he had also the same year by putting the clergie out of his protection a fifth part of their goods , and in the same year he set a great taxe upon woolls , to wit , from half a marke to s . upon every sack , whereupon the earle marshall , and the earle of hereford refusing to attend the king into flanders , pretended the greevances of the people . put in the end the king having pardoned them , and confirmed the great charter , he had the ninth penny of all goods from the lords and commons of the clergie , in the south he had the tenth penny , and in the north the fift penny . in the two and thirtyeth year he had a subsedy freely granted . in the three and thirtyeth year he confirmed the great charter of his own royall disposition , and the states to shew their thankfulnesse , gave the king for one year , the fift part of all the revenues of the land , and of the citizens the sixt part of their goods . and in the same year the king used the inquisition called trai le baston . by which all justices and other magistrates were grievously fined that had used extortion or bribery , or had otherwise misdemeaned themselves to the great contentation of the people . this commission likewise did enquire of entruders , barators , and all other the like vermine , whereby the king gathered a great masse of treasure with a great deal of love . now for the whole raigne of this king , who governed england years , there was not any parliament to his prejudice . couns. but there was taking of armes by marshall and hereford . just . that 's true , but why was that ? because the king , notwithstanding all that was given him by parliament , did lay the greatest taxes that ever king did without their consent . but what lost the king by those lords ? one of them gave the king all his lands , the other dyed in disgrace . couns. but what say you to the parliament in edward the seconds time his successor : did not the house of parliament banish peirce gaveston whom the king favoured ? just . but what was this gaveston but an esquier of gascoine , formerly banisht the realme by king edward the first , for corrupting the prince edward , now raigning . and the whole kingdome fearing and detesting his venemous disposition , they besought his majestie to cast him off , which the king performed by an act of his own , and not by act of parliament , yea gavestones own father in law , the earle of glocester , was one of the chiefest of the lords that procured it . and yet finding the kings affection to folow him so strongly , they all consented to have him recalled . after which when his credit so encreased , that he dispised and set at naught all the ancient nobility , and not onely perswaded the king to all manner of outrages and riots , but withall transported what he lifted of the kings treasure , and iewels : the lords urged his banishment the second time , but neither was the first nor second banishment forced by act of parliament , but by the forceable lords his enemies . lastly he being recalled by the king , the earle of lancaster caused his head to be stricken off , when those of his party had taken him prisoner . by which presumptuous act , the earle and the rest of his company committed treason and murder : treason by raising an army without warrant , murder by taking away the life of the kings subject . after which gaveston being dead , the spencers got possession of the kings favour , though the younger of them was placed about the king , by the lords themselves . couns. what say you then to the parliament held at london about the sixt year of that king. just . i say that king was not bound to performe the acts of this parliament , because the lords being too strong for the king , inforced his consent , for these be the words of our own history . they wrested to much beyond the bounds of reason . couns. what say you to the parliaments of the white wands in the th of the king. just . i say the lords that were so moved , came with an army , and by strong hand surprized the king , they constrained , ( saith the story ) the rest of the lords and compelled many of the bishops to consent unto them , yea it saith further , that the king durst not but grant to all that they required , ( to wit ) for the banishment of the spencers . yea they were so insolent that they refused to lodge the queen comming through kent in the castle of leedes , and sent her to provide her lodging where she could get it so late in the night , for which notwithstanding some that kept her out were soon after taken and hang'd , and therefore your lordship cannot call this a parliament for the reasons before alleadged . but my lord what became of these lawgivers to the king , even when they were greatest , a knight of the north called andrew herkeley , assembled the forces of the countrey , overthrew them and their army , slew the earle of hereford , and other barons , took their generall thomas earle of lancaster , the kings cozen germane at that time possessed of five earledomes , the lords clifford , talbort , moubray , maudiut , willington , warren , lord darcy , withers , knevill , leybourne , bekes , lovell , fitz williams , watervild , and divers other barons , knights and esquiers , and soon after the lord percy , and the lord warren took the lords baldsemere , and the lord audley , the lord teis , gifford , tucoet , and many others that fled from the battaile , the most of which past under the hands of the hangman , for constraining the king under colour and name of a parliament . but this your good lordship may judge , to whom , those tumultuous assemblies ( which our histories , falsely call parliaments have been dangerous , the king in the end ever prevailed , and the lords lost their lives , and estates . after which the spencers in their banishment at york , in the th of the king , were restored to the honors and estates , and therein the king had a subsedy given him the sixt penny of goods throughout england , ireland , and wales . couns. yet you see the spencers were soon after dissolved . iust . it is true my lord , but that is nothing to our subject of parliament , they may thank their own insolencie , for they branded and dispised the queen , whom they ought to have honored as the kings wife ; they were also exceeding greedy , and built themselves upon other mens ruines , they were ambitious and exceeding malicious , whereupon that came , that when chamberlain spencer was hang'd in hereford , a part of the th psalm was written over his head : quid gloriaris in malitia potens ? couns. well sir , you have all this while excused your self upon the strength and rebellions of the lords , but what say you now to king edward the third , in whose time ( and during the time of this victorious king , no man durst take armes or rebell ) the three estates did him the greatest affront that ever king received or endured , therefore i conclude where i began , that these parliaments are dangerous for a king , just . to answer your lordship in order , may it please you first to call to mind , what was given this great king by his subjects before the dispute betwixt him and the house happened , which was in his latter dayes , from his first year to his fift year , there was nothing given the king by his subjects , in his eight year at the parliament at london a tenth and a fifteenth was granted , in his tenth year he ceased upon the italians goods here in england to his own use , with all the goods of the monkes cluniackes and others , of the order of the cistertians . in the eleaventh year , he had given him by parliament a notable relief , the one half of the woolls throughout england , and of the clergy all their woolls , after which , in the end of the year he had granted in his parliament at westminster , forty shillings upon every sack of wooll , and for every wooll fels forty shillings , for every last of leatherne , as much , and for all other merchandizes after the same rate . the king promising that this years gathering ended , he would thenceforth content himself with the old custome , he had over and above this great aide the eight part of all goods of all citizens and burgesses ; and of other as of forreigne merchants , and such as lived not of the gain of breeding of sheep and cattell the fifteenth of their goods . nay my lord : this was not all , though more then ever was granted to any king , for the same parliament bestowed on the king the ninth sheaf of all the corn within the land , the ninth fleece , and the ninth lambe for two years next following ; now what think your lordship of this parliament . couns. i say they were honest men . iust . and i say , the people are as loving to their king now , as ever they were , if they be honestly and wisely dealt withall , and so his majesty hath found them in his last two parliaments , if his majestie had not been betrayed by those whom he most trusted . couns. but i pray you sir , who shall a king trust , if he may not rust those whom he hath so greatly advanced ? just . i will tell your lordship whom the king may trust . couns. who are they ? iust . his own reason , and his own excellent iudgement which have not deceived him in any thing , wherein his majesty hath been pleased to exercise them , take councell of thine heart ( saith the book of wisedome ) for there is none more faithfull unto thee then it . couns. it is true , but his majesty found that those wanted no judgement whom he trusted , and how could his majestie divine of their honesties ? just . will you pardon me if i speak freely , for if i speak out of love , which ( as solomon saith ) covereth all trespasses , the truth is , that his majestie would never beleeve any man that spake against them , and they knew it well enough , which gave them boldnesse to do what they did . couns. what was that ? just . even , my good lord , to ruine the kings estate so far as the state of so great a king may be ruin'd by men ambitious and greedy without proportion . it had been a brave increase of revenue , my lord , to have raysed l . land of the kings to l . revenue , and to raise the revenue of wards to l . more l . added to the rest of his majesties estate , had so enabled his majestie , as he could never have wanted . and my good lord , it had been an honest service to the king , to have added l . lands of the lord cobhams , woods and goods being worth l . more . couns. i know not the reason why it was not done . just . neither doth your lordship , perchance know the reason why the l . offer'd by swinnerton for a fine of the french wines , was by the then lord treasurer conferr'd on devonshire and his mistris . couns. what moved the treasurer to reject and crosse that raising of the kings lands ? just . the reason , my good lord is manifest , for had the land been raised , then had the king known when he had given or exchanged land , what he had given or exchanged . couns. what hurt had been to the treasurer whose office is truely to informe the king of the value of all that he giveth ? just . so he did when it did not concerne himself nor his particular , for he could never admit any one peece of a good manour to passe in my lord aubignes book of l . and , till he himself had bought , and then all the remaining flowers of the crowne were called out . now had the treasurer suffer'd the kings lands to have been raised , how could his lordship have made choice of the old ●ents , as well in that book of my lord aubigne , as in exchange of theobalds , or which he took hatfield in it , which the greatest subject , or favorite queen elizabeth had never durst have named unto her by way of gift or exchange . nay my lord , so many other goodly mannors have passed from his majestie , as the very heart of the kingdome mourneth to remember it , and the eyes of the kingdome shedde teares continually at the beholding it : yea the soul of the kingdome is heavy unto death with the consideration thereof , that so magnanimous a prince , should suffer himself to be so abused . couns. but sir you know that cobhams lands were entayled upon his cofens . just . yea my lord , but during the lives and races of george prook his children , it had been the kings , that is to say , for ever in effect , but to wrest the king , and to draw the inheritance upon himself , he perswaded his majestie to relinquish his interest for a pretty summe of mony ; and that there might be no counterworking , he sent prook l. to make friends whereof lord hume had l . back again , buckhurst and barwick had the other l. and the treasurer and his heires the masse of land forever . couns. what then i pray you came to the king by this great consiscation . iust . my lord , the kings majestie by all those goodly possessions , woods and goods looseth l by the year which he giveth in pension to cobham , to maintain him in prison . couns. certainly , even in conscience they should have reserved so much of the land in the crown , as to have given cobham meat and apparell , and not made themselves so great gainers , and the king l . ( per annum ) looser by the bargain , but it 's past : consilium non est eorum quae fieri nequeunt . just . take the rest of the sentence , my lord : sed consilium versatur in iis quae sunt in nostra potestate . it is yet , my good lord , in potestate regis , to right himself . but this is not all my lord ; and i fear me , knowing your lordships love to the king , it would put you in a feaver to hear all , i will therefore go on with my parliaments . couns. i pray do so , and amongst the rest , i pray you what say you to the parliament holden at iondon in the fifteenth year of king edward the third ? iust i say there was nothing concluded therein to the prejudice of the king . it is true , that a little before the sitting of the house , the king displaced his chancellour and his treasurer , and most of all his iudges and officers of the exchequer , and committed many of them to prison , because they did not supply him with money , being beyond the seas , for the rest , the states assembled , besought the king that the lawes of the two charters might be observed , and that the great officers of the crowne might be chosen by parliament . couns but what successe had these petitions . iust . the charters were observed , as before , and so they will be ever , and the other petition was rejected , the king being pleas'd , notwithstanding , that the great officers , should take an oath in parliament to do iustice. now for the parliament of westminster , in the th year of the king , the king had three markes and a half for every sack of wooll , transported ; and in his th he had a th of the clergie , and a th of the laity for one year . his majestie forbare after this to charge his subjects with any more payments , untill the th of his reigne , when there was given the king by parliament for every sack of wool transported for six yeares , by which grant , the king received a thousand markes a day , a greater matter then a thousand pounds in these dayes , and a l . a day amounts to l . a year , which was one of the greatest presents that ever was given to a king of this land . for besides the cheapenesse of all things in that age , the kings souldiers had but d. a day wages , a man at armes d . a knight but s . in the parliament at westminster , in the th year he had s . d . for every sack of wooll transported , & in the th year dismes and fifteens . in his th year he had ● l of the laity , and because the spiritualty disputed it , and did not pay so much , the king chang'd his chancellour , treasurer , & privy seal being bishops , and placed lay men in their roome . couns. it seems that in those dayes the kings were no longer in love with their great chancellors , then when they deserved well of them . just . no my lord , they were not , and that was the reason they were well served , and it was the custome then , and in many ages after , to change the treasurer & the chancellour every years , and withall to hear all mens complaints against them . couns. but by this often change , the saying is verified , that there is no inheritance in the favour of kings . he that keepeth the figge-tree ( saith solomon ) shall eate the fruit thereof ; for reason it is that the servant live by the master . just . my lord , you say well in both , but had the subject an inheritance in the princes favour , where the prince hath no inheritance in the subjects fidelity , then were kings in more unhappy estate then common persons , for the rest , solomon meaneth not , that he that keepeth the figge tree should surfet , though he meant he should eat , he meant not he should break the branches in gathering the figs , or eat the ripe ; and leave the rotten for the owner of the tree ; for what saith he in the following chapter , he saith that he that maketh hast to be ●ich , cannot be innocent . and before that , he saith , that the end of an inheritance hastily gotten , cannot be blessed . your lordship hath heard of few or none great with kings , that have not used their power to oppresse , that have not growne insolent and hatefull to the people ; yea , insolent towards those princes that advanced them . couns. yet you see that princes can change their fancies . iust . yea my lord , when favorites change their faith , when they forget that how familiar soever kings make themselves with their vassals , yet they are kings : he that provoketh a king to anger ( saith solomon ) sinneth against his own soul. and he further saith , that pride goeth before distruction , and a high mind before afall . i say therefore , that in discharging those lucifers , how dear soever they have been , kings make the world know that they have more of iudgement then of passion , yea they thereby offer a satisfactory sacrifice to all their people , too great benefits of subjects to their king , where the mind is blown up with their own deservings , and to great benefits of kings conferr'd upon their subjects , where the mind is not qualified with a great deal of modesty are equally dangerous . of this later and insolenter , had king richard the second delivered up to iustice but three or four , he had still held the love of the people , and thereby his life and estate . couns. well , i pray you go on with your parliaments . iust . the life of this great king edward drawes to an end , so do the parliaments of this time , wherein years raigne , he never received any affront , for in his th year he had a disme and a fifteen granted him freely . couns. but sir it is an old saying , that all is well that ends well , iudge you whether that in his th . year in parliament at westminster he received not an affront , when the house urged the king to remove and discharge from his presence the duke of lancaster , the lord latimer his chamberlaine , sir richard sturry , and others whom the king favoured and trusted . nay , they pressed the king to thrust a certain lady out of court , which at that time bare the greatest sway therein . iust . i will with patience answer your lordship to the full , and first your lordship may remember by that which i even now said , that never king had so many gifts as this king had from his subjects , and it hath never grieved the subjects of england to give to their king , but when they knew there was a devouring lady , that had her share in all things that passed , and the duke of lancaster was as scraping as shee , that the chancellour did eat up the people as fast as either of them both . it grieved the subjects to feed these cormorants . but my lord there are two things by which the kings of england have been prest , ( to wit ) by their subjects , and by their own necessities . the lords in former times were farre stronger , more warlike , better followed , living in their countries , then now they are . your lordship may remember in your reading , that there were many earles could bring into the field a thousand barbed horses , many a baron . or . barbed horses , whereas now very few of them can furnish twenty fit to serve the king. but to say the truth my lord , the iustices of peace in england , have oppos'd the injusticers of war in england , the kings writ runs over all , and the great seal of england , with that of the next constables will serve the turn to affront the greatest lords in england , that shall move against the king. the force therefore by which our kings in former times were troubled is vanisht away . but the necessities remain . the people therefore in these later ages , are no lesse to be pleased then the peeres , for as the later are become lesse , so by reason of the trayning through england , the commons have all the weapons in their hand . couns. and was it not so ever ? iust . no my good lord ; for the noblemen had in their armories , to furnish some them a thousand , some two thousand , some three thousand men , whereas now there are not many that can arme fifty . couns. can you blame them ? but i will onely answer for my self , between you and me be it spoken , i hold it not safe to mantain so great an armory or stable , it might cause me , or any other nobleman to be suspected , as the preparing of some innovation . iust . why so my lord , rather to be commended as preparing against all danger of innovation . couns. it should be so , but call your observation to accompt , and you shall find it as i say , for ( indeed ) such a jealousie hath been held ever since the time of the civill wars , over the military greatness of our nobles , as made them have little will to bend their studies that wayes : wherefore let every man provide according as he is rated in the muster book , you understand me . iust . very well my lord , as what might be replyed in the perceiving so much ; i have ever ( to deal plainly and freely with your lordship ) more fear'd at home popular violence , then all the forreine that can be made , for it can never be in the power of any forraigne prince , without a papisticall party , rather to disorder or endanger his majesties estate . couns. by this it seems , it is no lesse dangerous for a king to leave the power in the people , then in the nobility . iust . my good lord , the wisdome of our own age , is the foolishnesse of another , the time present ought not to be preferr'd to the policy that was , but the policy that was , to the time present ; so that the power of the nobility being now withered , and the power of the people in the flower , the care to content them would not be neglected , the way to win them often practized , or at least to defend them from oppression . the motive of all dangers that ever this monarchy hath undergone , should be carefully heeded , for this maxime hath no posterne , potestas humana radicatur in voluntatibus hominum . and now my lord , for king edward , it is true , though he were not subject to force , yet was he subject to necessity , which because it was violent , he gave way unto it , potestas ( saith pithagoras ) juxta necessitatem habitat . and it is true , that at the request of the house he discharged and put from him those before named , which done , he had the greatest gift ( but one ) that ever he received in all his dayes ( to wit ) from every person , man and woman , above the age of fourteen years d . of old mony , which made many millions of groats , worth . of our mony . this he had in generall , besides he had of every benificed priest , d . and of the nobility and gentry . i know not how much , for it is not set down . now my good lord , what lost the king by satisfying the desires of the parliament house , for assoon as he had the money in purse , he recalled the lords , and restored them , and who durst call the king to accompt , when the assembly were dissolued . where the word of a king is , there is power ( saith ecclesiasticus ) who shall say unto him , what doest thou ! saith the same author , for every purpose there is a time and judgement , the king gave way to the time , and his judgement perswaded him to yeeld to necessity , consularius nemo melior est quam tempus . couns. but yet you see the king was forc'd to yeeld to their demaunds . just . doth your lordship remember the saying of monsier de lange , that he that hath the profit of the war , hath also the honour of the war , whether it be by battaile or retreate , the king you see had the profit of the parliament , and therefore the honour also , what other end had the king then to supply his wants . a wise man hath evermore respect unto his ends : and the king also knew that it was the love that the people bare him , that they urged the removing of those lords , there was no man among them that sought himself in that desire , but they all sought the king , as by the successe it appeared . my good lord , hath it not been ordinary in england and in france to yeeld to the demaunds of rebels , did not king richard the second graunt pardon to the outragious rogues and murtherers that followed iack straw , and wat t●ler , after they had murthered his chancellor , his treasurer , chief iustice , and others , brake open his exchequer , and committed all manner of outrages and villanies , and why did he do it , but to avoid a greater danger : i say the kings have then yeelded to those that hated them and their estates , ( to wit ) to pernicious rebels . and yet without dishonour , shall it be called dishonour for the king to yeeld to honest desires of his subjects . no my lord , those that tell the king those tales , fear their own dishonour , and not the kings ; for the honour of the king is supreame , and being guarded by iustice and piety , it cannot receive neither wound nor stain . couns. but sir , what cause have any about our king to fear a parliament ? iust . the same cause that the earle of suffolke had in richard the seconds time , and the treasurer fartham , with others , for these great officers being generally hated for abusing both the king and the subject , at the request of the states were discharged , and others put in their roomes . coun . and was not this a dishonour to the king ? iust . certainly no , for king richard knew that his grandfather had done the like , and though the king was in his heart utterly against it , yet had he the profit of this exchange ; for suffolke was fined at markes , and l . lands . couns. well sir , we will speak of those that fear the parliament some other time , but i pray you go on with that , that happened in the troublesome raigne of richard the second who succeeded , the grandfather being dead . iust . that king my good lord , was one of the most unfortunate princes that ever england had , he was cruell , extreame prodigall , and wholly carryed away with his two minions , suffolk , and the duke of ireland , by whose ill advice and others , he was in danger to have lost his estate ; which in the end ( being led by men of the like temper ) he miserably lost . but for his subsedies he had given him in his first year being under age two tenths , and two fifteenes : in which parliament , alice peirce , who was removed in king edwards time , with lancaster , latimer , and sturry , were confiscate and banished in his second year at the parliament at glocester , the king had a marke upon every sack of wooll , and d . the pound upon wards . in his third year at the parliament at winchester , the commons were spared , and a subsedy given by the better sort , the dukes gave markes , and earles markes , bishoppes and abbots with myters six markes , every marke . d . and every knight , iustice , esquire , shrieve , person , vicar , & chaplaine , paid proportionably according to their estates . couns. this me thinks was no great matter . iust . it is true my lord , but a little mony went far in those dayes : i my self once moved it in parliament in the time of queen elizabeth , who desired much to spare the common people , & i did it by her commandement ; but when we cast up the subsedy books , we found the summe but small , when the l . men were left out . in the beginning of his fourth year , a tenth with a fifteen were granted upon condition , that for one whole year no subsedies should be demanded ; but this promise was as suddenly forgotten as made , for in the end of that year , the great subsedy of poll mony was granted in the parliament at northampton . couns. yea but there followed the terrible rebellion of baker , straw , and others , leister , wrais , and others . iust . that was not the fault of the parliament my lord , it is manifest that the subsedy given was not the cause ; for it is plain that the bondmen of england began it , because the were girevously prest by their lords in their tenure of villenage , as also for the hatred they bate to the lawyers and atturneyes : for the story of those times say , that they destroyed the houses and mannors of men of law , & such lawyers as they caught , slew them , and beheaded the lord chief iustice , which commotion being once begun , the head mony was by other rebels pretended : a fire is often kindled with a little straw , which oftentimes takes hold of greater timber , & consumes the whole building : and that this rebellion was begun by the discontented slaves ( whereof there have been many in elder times the like ) is manifest by the charter of manumission , which the king granted in hec verba , rich. dei gratid &c. sciatis quod de gratiâ nostrâ spirituali manumissimus , &c. to which seeing the king was constrained by force of armes , he revoked the letters pattents , and made them voide , the same revocation being strengthened by the parliament ensuing , in which the king had given him a subsedy upon woolls , called a maletot : in the same fourth year was the lord treasurer discharged of his office , and hales lord of st. iohns chosen in his place , in his fift year was the treasurer again changed , and the staffe given to segrave , and the lord chancellour was also changed , and the staffe given to the lord scroope : which lord scroope was again in the beginning of his sixt year turned off , and the king after that he had for a while kept the seal in his own hand , gave it to the bishop of london , from whom it was soon after taken and bestowed on the earle of suffolke , who they say had abused the king , and converted the kings treasure to his own use . to this the king condiscended , and though ( saith walsingham ) he deserved to loose his life and goods , yet he had the favour to go at liberty upon good sureties , and because the king was but young , & that the reliefe granted was committed to the trust of the earle of arundell for the furnishing of the kings navy against the french. couns. yet you see it was a dishonour to the king to have his beloved chancellour removed . iust . truly no , for the king had both his fine l . lands and asubsedy to boot . and though for the present it pleased the king to fancy a man all the world hated ( the kings passion overcomming his judgement ) yet it cannot be call'd a dishonour , for the king is to believe the generall counsell of the kingdome , and to preser it before his affection , especially when suffolke was proved to be false even to the king ; for were it otherwise love and affection might be called a frenzie and a madnesse , for it is the nature of humane passions , that the love bred by fidelity , doth change it self into hatred , when the fidelity is first changed into falshood . couns. but you see there were thirteen lords chosen in the parliament , to have the oversight of the government under the king. iust . no my lord , it was to have the oversight of those officers , which ( saith the story ) had imbezeled , lewdly wasted , and prodigally spent the kings treasure , for to the commission to those lords , or to any six of them , joyn'd with the kings counsell , was one of the most royall and most profitable that ever he did , if he had bin constant to himself . but my good lord , man is the cause of his own misery , for i will repeat the substance of the commission granted by the king , and confirmed by parliament , which , whether it had bin profitable for the king to have prosecured , your lordship may judge . the preamble hath these words : whereas our sovereigne lord the king perceiveth by the grievous complaints of the lords and commons of this realme , that the rents , profits , and revenues of this realme , by the singular and insufficient councell and evill government , as well of some his late great officers and others , &c. are so much withdrawen , wasted , given , granted , alienated , destroyed , and evill dispended , that he is so much impoverished and void of treasure and goods , and the substance of the crown so much diminished and destroyed , that his estate may not honorably be sustained as appertaineth . the king of his free will at the request of the lords and commons , hath ordained william archbishop of canterbury and others with his chancellour , treasurer , keeper of his privy seal , to survey and examine as well the estate and governance of his house , &c. as of all the rents , and profits , and revenues that to him appertaineth , and to be due , or ought to appertain and be due , &c. and all manner of gifts , grants , alienations and confirmations made by him of lands , tenements , rents , &c. bargained and sold to the prejudice of him and his crown , &c. and of his jewels & goods which were his grandfathers at the time of his death , &c. and where they be become . this is in effect the substance of the commission , which your lordship may read at large in the book of statutes , this commission being enacted in the tenth year of the kings reigne . now if such a commission were in these dayes granted to the faithfull men that have no interest in the sales , gifts nor purchases , nor in the keeping of the jewells at the queens death , nor in the obtaining , grants of the kings best lands , i cannot say what may be recovered , and justly recovered ; and what say your lordship , was not this a noble act for the king , if it had been followed to effect ? couns. i cannot tell whether it were or no , for it gave power to the commissiouers to examine all the grants . iust . why my lord , doth the king grant any thing , that shames at the examination ? are not the kings grants on record ? couns. but by your leave , it is some dishonour to a king , to have his judgement called in question . iust . that is true my lord , but in this , or whensoever the like shall be granted in the future , the kings judgement is not examined , but their knavery that abused the king. nay by your favour , the contrary is true , that when a king will suffer himself to be eaten up by a company of petty fellows , by himself raised , therein both the judgement and courage is disputed , and if your lordship will disdain it at your own servants hands , much more ought the great heart of a king to disdain it . and surely my lord , it is a greater treason ( though it undercreep the law ) to tear from the crown the ornaments thereof : and it is an infalliable maxime , that he that loves not his majesties estate , loves not his person . couns. how came it then , that the act was not executed ? iust . because these , against whom it was granted , perswaded the king to the contrary : as the duke of ireland , suffolk , the chief iustice tresilian , and others , yea , that which was lawfully done by the king , and the great councell of the kingdome , was ( by the mastery which ireland , suffolk , and tresilian had over the kings affections ) broken and disavowed . those that devised to relieve the king , not by any private invention , but by generall councell , were by a private and partiall assembly adjudged traitors , and the most honest iudges of the land , enforced to subscribe to that judgement . in so much that iudge belknap plainly told the duke of ireland , and the earl of suffolk , when he was constrained to set his hand , plainly told these lords , that he wanted but a rope , that he might therewith receive a reward for his subscription . and in this councell of nottingham was hatched the ruine of those which governed the king , of the iudges by them constrained , of the lords that loved the king , and sought a reformation , and of the king himself ; for though the king found by all the shrieves of the shires , that the people would not fight against the lords , whom they thought to bee most faithfull unto the king , when the citizens of london made the same answer , being at that time able to arme . men , and told the major that they would never fight against the kings friends , and defenders of the realme , when the lord ralph passet , who was near the king , told the king boldly that he would not adventure to have his head broken for the duke of irelands pleasure , when the lord of london told the earle of suffolk in the kings presence , that he was not worthy to live , &c. yet would the king in the defence of the destroyers of his estate , lay ambushes to intrap the lords , when they came upon his faith , yea when all was pacified , and that the king by his proclamation had clear'd the lords , and promised to produce ireland , suffolk , and the archbishop of yorke , tresiltan , and bramber , to answer at the next parliament , these men confest , that they durst not appear ; and when suffolk fled to callice , and the duke of ireland to chester , the king caused an army to be leavied in lancashire , for the safe conduct of the duke of ireland to his presence , when as the duke being encountered by the lords , ranne like a coward from his company , and fled into holland . after this was holden a parliament , which was called that wrought wonders . in the eleventh year of this king , wherein the fornamed lords , the duke of ireland and the rest , were condemned and confiscate , the chief iustice hanged with many others , the rest of the iudges condemned , and banisht , and a . and a . given to the king , couns. but good sir : the king was first besieged in the tower of london , and the lords came to the parliament , and no man durst contradict them . iust . certainly in raising an army , they committed treason , and though it appear , that they all loved the king , ( for they did him no harm , having him in their power ) yet our law doth construe all leavying of war without the kings commission , and all force raised to be intended for the death and destruction of the king , not attending the sequell . and it is so judged upon good reason , for every unlawfull and ill action is supposed to be accompanied with an ill intent . and besides , those lords used too great cruelty , in procuring the sentence of death against divers of the kings servants , who were bound to follow and obey their master and soveraigne lord , in that he commanded . couns. it is true , and they were also greatly to blame to cause then so many seconds to be put to death , seeing the principalls , ireland , suffolk , and york , had escaped them , and what reason had they to seek to enform the state by strong hand , was not the kings estate as dear to himself , as to them ? he that maketh a king know his errour mannerly and private , and gives him the best advice , he is discharged before god and his own conscience . the lords might have ●●tired themselves , when they saw they could not prevail , and have left the king to his own wayes , who had more to lose then they had . iust . my lord , the taking of arms cannot be excused in respect of the law , but this might be said for the lords that the king being under yeares , and being wholly governed by their enemies , and the enemies of the kingdome , and because by those evil mens perswasions , it was advised , how the lords should have been murthered at a feast in london , they were excusable during the kings minority to stand upon their guard against their particular enemies . but we will passe it over & go on with our parliaments that followed , whereof that of cambridge in the kings th year was the next , therein the king had given him a th and a th , after which being . yeares of age rechanged ( saith h. kinghton ) his treasurer , his chancellour , the iustices of either bench , the clerk of the privy seal and others , and took the government into his own hands . he also took the admirals place from the earl of arundell , and in his room he placed the earl of huntingdon in the yeare following , which was the th year of the k. in the parliament at westminster there was given to the king upon every sack of wooll s . and d . in the gound upon other merchandise , couns. but by your leave , the king was restrained this parliament , that he might not dispose of , but a third part of the money gathered . iust . no my lord , by your favour . but true it is that part of this mony was by the kings consent assigned towards the wars , but yet left in the lord treasurers hands , and my lord it would be a great ease , and a great saving to his majesty our lord and master , if it pleased him to make his assignations upon some part of his revenewes , by which he might have l . upon every l . and save himself a great deale of clamour . for seeing of necessity the navy must be maintained , and that those poor men as well carpenters as ship-keepers must be paid , it were better for his majesty to give an assignation to the treasurer of his navy for the receiving of so much as is called ordinary , then to discontent those poor men , who being made desperate beggars , may perchance be corrupted by them that lye in wait to destroy the kings estate . and if his majesty did the like in all other payements , especially where the necessity of such as are to receive , cannot possible give dayes , his majesty might then in a little rowle behold his receipts and expences , he might quiet his heart when all necessaries were provided for , and then dispose the rest at his pleasure . and my good lord , how excellently and easily might this have been done , if the l . had been raised as aforesaid upon the kings lands , and wards i say that his majesties house , his navy , his guards , his pensioners , his munition , his ambassadors and all else of ordinary charge might have been defrayed , and a great summe left for his majesties casuall expences and rewards , i will not say they were not in love with the kings estate , but i say they were unfortunately borne for the king that crost it . couns. well sir , i would it had been otherwise , but for the assignments , there are among us that will not willingly indure it . charity begins with it self , shall we hinder our selves of l . per annum to save the king ? no sir , what will become of our new years gifts , our presents and gratuities ? we can now say to those rhat have warrants for money , that there is not a penny in the exchequer , but the king gives it away unto the scots faster then it comes in . iust . my lord you say well , at least you say the truth , that such are some of our answers , and hence comes that generall murmure to all men that have money to receive , i say that there is not a penny given to that nation ; be it for service or otherwise but is spread over all the kingdome : yea they gather notes , and take copies of all the privy seals and warrants that his majesty hath given for the money for the scots , that they may shew them in parliament . but of his majesties gifts to the english , there is no bruit though they may be tenne times as much as the scots . and yet my good lord , howsoever they be thus answered that to them sue for money out of the echequer , it is due to them for . or . or . in the hundred , abated according to their qualities that shew , they are alwaies furnished . for conclusion , if it would please god to put into the kings heart to make their assignations , it would save him many a pound , and gain him many a prayer , and a great deal of love , for it grieveth every honest mans heart to see the abundance which even the petty officers in the exchequer , and others gather both from the king and subject , and to see a world of poore men runne after rhe king for their ordinary wages . couns. well , well , did you never hear this old tale , that when there was a great contentation about the weather the seamen complaining of contrary windes , when those of the high countreys desired rain , and those of the valleys sunshining dayes , iupiter sent them word by mercury , then , when they had all done , the weather should be as it had been , and it shall ever fall out so with them that complain , the course of payments shall be as they have been , what care we what petty fellows say ? or what care we for your papers ? have not we the kings eares , who dares contest with us ? though we cannot be revenged on such as you are for telling the truth , yet upon some other pretence , wee 'le clap you up , and you shall sue to us ere you get out . nay wee 'le make you confesse that you were deceived in your projects , and eat your own words : learn this of me sir , that as a little good fortune is better then a great deal of virtue : so the least authority hath advantage over the greatest wit , was he not the wisest man that said the battel was not the strongest , nor yet bread for the wise , nor riches to men of understanding , nor favour to men of knowledge : but what time and chance came to them all . iust . it is well for your lordship that it is so . but qu : elizabeth would set the reason of a mean man , before the authority of the greatest councellor she had , and by her patience therein she raised upon the usuall and ordinary customes of london without any new imposition above l a year , for though the treasurer burleigh , and the earle of leicester and secretary walshingham , all three pensioners to customer smith , did set themselves against a poor waiter of the custome-house called carwarden , and commanded the groomes of the privy chamber not to give him accesse , yet the queen sent for him , and gave him countenance against them all . it would not serve the turn , my lord , with her ; when your lordships would tell her , that the disgracing her great officers by hearing the complaints of busie heads , was a dishonour to her self , but she had alwayes this answer , that if any men complain unjustly against a magistrate , it were reason he should be severely punished , if justly , shee was queen of the small , as well as of the great , and would hear their complaints . for my good lord , a prince that suffereth himself to be besieged , forsaketh one of the greatest regalities belonging to a monarchie , to wit , the last appeal , or as the trench call it , le dernier resort . couns. well sir , this from the matter , i pray you go on . iust . then my lord , in the kings . year he had a tenth and a fifteen graunted in parliament of london . and that same year there vvas a great councell called at stamford to vvhich diverse men vvere sent for , of diverse counties besides the nobility , of vvhich the king took advice vvhether he should continue the vvar , or make a finall end vvith the french. couns. what needed the king to take the advice of any but of his ovvn councell in matter of peace or vvarre . iust . yea my lord , for it is said in the proverbs , where are many counsellers , there is health . and if the king had made the vvarre by a generall consent , the kingdome in generall vvere bound to maintain the vvarre , and they could not then say when the king required aid , that he undertook a needlesse vvarre . couns. you say vvell , but i pray you go on . iust . after the subsedy in the . yeare , the king desired to borrovv l . of the londoners , vvhich they refused to lend . couns. and vvas not the king greatly troubled there vvith . iust . yea but the king troubled the londoners soon aftar , for the king took the advantage of a ryot made upon the bishop of salisbury his men , sent for the major , and other the ablest citizens , comitted the major to prison in the castle of windsor , and others to other castles , and made a lord warden of this citie , till in the end vvhat vvith l . ready money , and other rich presents , instead of lending l . it cost them l . betvveen the fifteenth yeare and tvventieth yeare , he had tvvo aides given him in the parliaments of winchester and westminster : and this later vvas given to furnish the kings journey into ireland , to establish that estate vvhich vvas greatly shaken since the death of the kings grandfather , vvho received thence yearly l . and during the kings stay in ireland he had a th and a th granted . couns. and good reason , for the king had in his army . horse and . foot . iust . that by your favour , vvas the kings savity : for great armies do rather devour themselves then destroy enemies . such an army , ( vvhereof the fourth part vvould have conquered all ireland ) vvas in respect of ireland such an army as xerxes led into greece in this tvventieth yeare , vvherein he had a tenth of the clergy , vvas the great conspiracy of the kings unkle , the duke of glocester , and of moubrey , arundell , nottingham , and warvvick , the archbishop of canterbury and the abbbot of westminster , and others vvho in the one and tvventieth yeare of the king vvere all redeemed by parliament , and vvhat thinks your lordship , vvas not this assemble of the . states for the kings estate , vvherein he so prevailed , that he not onely overthrevv those popular lords , but besides ( the english chronicle saith , the king so vvrought and brought things about , that he obtained the power of both houses to be granted to certain persons , to . noblemen and gentlemen , or to seven of them . couns. sir , whether the king wrought well or il i cannot judge , but our chronicles say , that many things were done in this parliament , to the displeasure of no small number of people , to wit , for that diverse rightfull heires were disinherited of their lands and livings , with which wrongfull doings the people were much offended , so that the king with those that were about him , and chief in counsell , came into great infamy & slander . iust . my good lord , if your lordship will pardon mee , i am of opinion that those parliaments wherein the kings of this land have satisfied the people , as they have been ever prosperous , so where the king hath restrained the house , the contrary hath happened , for the kings atchievments in this parliament , were the ready preparations to his ruine . cov . you mean by the generall discontentment that followed , and because the king did not proceed legally with glocester and others . why sir , this was not the first time that the kings of england have done things without the counsell of the land : yea , contrary to the law . iust . it is true my lord in some particulars , as even at this time the duke of glocester was made away at call●ce by strong hand , without any lawfull triall : for he was a man so beloved of the people and so allied , having the dukes of lancaster , and york his brethren , the duke of aumarle , and the duke of hereford his nephewes , the great earles of arundell and warwicke , with diverse other of his part in the conspiracy , as the king durst not trie him according to the law : for at the triall of arundell and warwicke , the king was forced to entertaine a petty army about him . and though the duke was greatly lamented , yet it cannot be denyed but that he was then a traytor to the king and was it not so my lord with the duke of guise : your lordship doth remember the spur-gald proverb , that necessitie hath no law : and my good lord , it is the practice of doing wrong , and of generall wrongs done , that brings danger , and not where kings are prest in this or that particular , for there is great difference between naturall cruelty and accidentall . and therefore it was machiavels advice , that all that a king did in that kind , he shall do at once , and by his mercies afterwards make the world know that his cruelty was not affected . and my lord take this for a generall rule , that the immortall policy of a state cannot admit any law or priviledge whatsoever , but in some particular or other , the same is necessarily broken , yea in an aristocratia or popular estate , which vaunts so much of equality and common right , more outrage hath been committed then in any christian monarchy . couns. but whence came this hatred between the duke and the king his nephew . iust . my lord , the dukes constraining the king , when he was young , stuck in the kings heart , and now the dukes proud speech to the king when he had rendred brest formerly engaged to the duke brittain , kindled again these coales that were not altogether extinguished , for he used these words : your grace ought to put your body in great pain to winne a strong hold or town by feats of armes , ere you take upon you to sell or deliver any town gotten by the manhood and strong hand and policy of your noble progenitors . whereat , saith the story , the king changed his countenance , &c. and to say truth , it was a proud and maisterly speech of the duke ; besides that inclusively he taxed him of sloath and cowardise , as if he had never put himself to the adventure of winning such a place , undutifull words of a subject do often take deeper root then the memory of ill deeds do : the duke of biron found it when the king had him at advantage . yea the late earle of essex told queen elizabeth that her conditions was as crooked as her carkasse : but it cost him his head , which his insurrection had not cost him , but for that speech , who will say unto a king ( saith iob ) thou art wicked . certainly it is the same thing to say unto a lady , thou art crooked ( and perchance more ) as to say unto a king that he is wicked , and to say that he is a coward , or to use any other words of disgrace , it is one and the same errour . couns. but what say you for arundell , a brave and valiant man , who had the kings pardon of his contempt during his minority . iust . my good lord , the parliament which you say disputes the kings prerogative , did quite contrary , and destroyed the kings charter and pardon formerly given to arundell . and my good lord , do you remember , that at the parliament that wrought wonders , when these lords compounded that parliament , as the king did this , they were so mercilesse towards all , that they thought their enemies , as the earle of arundell most insolently suffered the qu : to kneel unto him three houres for the saving of one of her servants , and that scorne of his manebat alto mente repostum . and to say the truth , it is more barbarous & unpardonable then any act that ever he did to permit the wife of his soveraign to kneel to him being the kings vassell . for if he had saved the lords servant freely at her first request , as it is like enough that the qu : would also have saved him , miseris succurrens paria obtenibis aliquando : for your lordship sees that the earle of warwicke who was as farre in the treason as any of the rest , was pardoned . it was also at this parliament that the duke of hereford accused moubray duke of norfolke , and that the duke of hereford sonne to the duke of lancaster , was banished to the kings confusion , as your lordship well knows . couns. i know it well and god knows that the king had then a silly and weak councell about him , that perswaded him to banish a prince of the bloud , a most valiant man , and the best beloved of the people , in generall of any man living , especially considering that the king gave every day more then other offence to his subjects . for besides that he fined the inhabitants that assisted the lords in his minority ( of the . shires ) which offence he had long before pardoned , his blank charters , and letting the realme to farme to meon persons , by whom he was wholly advised , increased the peoples hatred towards the present government . iust . you say well my l. princes of an ill destiny do alwayes follow the worst counsell , or at least imbrace the best after opportunity is lost , qui consilia non ex suo corde sed alienis viribus colligunt , non animo sed auribus cogillant . and this was not the least grief of the subject in generall , that those men had the greatest part of the spoil of the commonwealth , which neither by virtue , valour or counsell could adde any thing unto it : nihil est sordidius , nihil crudelius ( saith anto : pius ) quamsi remp. i● arrode , qui nihil in eam suo labore conferent . couns. indeed the letting to farm the realm was very grievous to the subject . iust . will your lordship pardon me if i tell you that the letting to farm of his majesties customes ( the greatest revenue of the realm ) is not very pleasing . couns. and why i pray you , doth not the king thereby raise his profits every third yeare , & one farmer outbids another to the kings advantage iust . it is true my lord , but it grieves the subject to pay custome to the subject , for what mighty men are those farmers become , and if those farmers get many thousands every yeare , as the world knows they do , why should they not now ( being men of infinite wealth ) declare unto the king upon oath , what they have gained , and henceforth become the kings collectours of his custome , did not queen elizabeth who was reputed both a wise and juft princesse , after she had brought customer smith from l . a yeare to l . a yeare , made him lay down a recompence for that which he had gotten ? and if these farmers do give no recompence , let them yet present the king with the truth of their receivings and profits . but my lord for conclusion , after bullingbrook arriving in england with a small troop : notwithstanding the king at his landing out of ireland , had a sufficient and willing army : yet he wanting courage to defend his right gave leave to all his souldiers to depart , and put himself into his hands that cast him into his grave . couns. yet you see he was depos'd by parliament . iust . aswell may your lordship say he was knock't in the head by parliament , for your lordship knows that if king richard had ever escaped out of their fingers that deposed him , the next parliament would have made all the deposers traitours and rebels , and that justly . in which parliament , or rather unlawfull assembly , there appeared but one honest man , to wit , the b. of carlile , who scorned his life , and estate , in respect of right and his allegiance , and defended the right of his soveraigne lord against the kings elect and his partakers . couns. well i pray goe on with the parliaments held in the time of his successor henry the fourth . iust . this king had in his third year a subsedv , and in his fift a tenth of the clergy without a parllament ; in his sixt year he had so great a subsedie , as the house required there might be no record thereof left to posterity , for the house gave him s . of every knights fee , and of every l. land , d . and d . the pouud of goods . couns. yea in the end of this year , the parliament prest the king to annex unto the crown all temporall possessions belonging to church-men within the land , which at that time , was the third foot of all england . but the bishops made friends , and in the end saved their estates . iust . by this you see , my lord , that cromwell was not the first that thought on such a business . and if king henry the . had reserved the abbeyes , and other church lands , which he had given at the time , the revenue of the crown of england , had exceeded the revenue of the crown of spaine , with both the indies , whereas used as it was , ( a little enriched the crown ) served but to make a number of pettifoggers , and other gentlemen . couns. but what had the king in steed of this great revenue iust . he had a th of the commons , and tenth , and a half of the clergy , and withall , all pensions graunted by king edward , and king richard were made void . it was also moved that all crown lands formerly given ( at least given by king edw : and king richard ) should be taken back . couns. what think you of that , sir ? would it not have been a dishonour to the king ? and would not his successors have done the like to those that the king had advanced ? iust . i cannot answer your lordship , but by distinguishing , for where the kings had given land for services , and had not been over reached in his gifts , there it had been a dishonour to the king , to have made void the graunts of his predecessors , or his graunts , but all those graunts of the kings , wherein they were deceived , the very custome and policy of england makes them voyd at this day . couns. how mean you that , for his majestie hath given a great deal of land among us since he came into england , and would it stand with the k. honour to take it from us again . iust . yea my lord , very well with the kings honour , if your lordship , or any lord else , have under the name of l . land a year , gotten l . land , and so after that rate . couns. i will never believe that his majesty will ever doe any such thing . iust . and i believe as your lordship doth , but we spake e're while of those that disswaded the king from calling it a parliament : and your lordship asked me the reason , why any man should disswade it , or fear it , to which , this place gives me an opportunity to make your lordship answer , for though his majesty will of himself never question those grants yet when the commons shall make humble petition to the king in parliament , that it will please his majesty to assist them in his relief , with that which ought to be his own , which , if it will please his majesty to yeild unto the house will most willingly furnish & supply the rest , with what grace can his majesty deny that honest suit of theirs , the like having been done in many kings times before ? this proceeding may good lord , my perchance prove all your phrases of the kings honour , false english. couns. but this cannot concern many , and for my self , i am sure it concerns me little . iust . it is true my lord , & there are not many that disswade his majestie from a parliament . co. but they are great ones , a few of which will serve the turn wel enough . iust . but my lord , be they never so great ( as great as gyants ) yet if they disswade the king from his ready and assured way of his subsistence , they must devise how the k. may be elsewhere supplied , for they otherwise ●●nne into a dangerous fortune . couns. hold you contented sir , the king needs no great disswasion . iust . my lord , learn of me , that ●here is none of you all , than can ●erce the king. it is an essentiall property of a man truely wise , not to o●en all the boxes of his bosome , even ●o those that are near'st & dear'st unto him , for when a man is discovered to the very bottome , he is after the lesse esteemed . i dare undertake , that when your lordship hath served the king twice twelve years more , you will find , that his majesty hath reserved somewhat beyond all your capacities , his majesty hath great reason to put off the parliament , at his last refuge , and in the mean time , to make tryall of all your loves to serve him , for his majesty hath had good experience , how well you can serve your selves : but when the king finds , that the building of your own fortunes and factions , hath been the diligent studies , and the service of his majesty , but the exercises of your leasures : he may then perchance cast himself upon the generall love of his people , of which ( i trust ) he shall never be deceived , and leave as many of your lordships as have pilfered from the crown , to their examination . couns. well sir , i take no great pleasure in this dispute , goe on pray . iust . in that kings th year , he had also a subsedy , which is got by holding the house together from easter to christmas , and would not suffer them to depart . he had also a subsedy in his ninth year . in his eleventh year the commons did again presse the king to take all the temporalities of the church men into his hands , which they proved sufficient to maintain . earls , . knights , and . esquiers , with a hundred hospitals , but they not prevailing , gave the king a subsedy . as for the notorious prince , henry the fift , i find , that he had given him in his second year . markes , and after that two other subsedies , one in his fifth year , another in his ninth , without any disputes . in the time of his successor henry the sixt , there were not many subsedies . in this third year , he had a subsedy of a tunnage and poundage . and here ( saith iohn stow ) began those payements , which we call customes , because the payement was continued , whereas before that time it was granted but for a year two or three , according to the kings occasions . he had also an ayde & gathering of money in his fourth year , and the like in his tenth year , and in his thirteenth year a th he had also a fifteenth for the conveying of the queen out of france into england . in the twenty eight year of that king was the act of resumption of all honours , towns , castles , signeuries , villages , manors , lands , tenements , rents , reversions , fees , &c. but because the wages of the kings servants , were by the strictness of the act also restrained , this act of resumption was expounded in the parliament at reading the th year of the kings reigne . couns. i perceive that those 〈◊〉 of resumption were ordinary in former times ; for king stephen resumed the lands , which in former times he had given to make friends during the civill wars . and henry the second resumed all ( without exception ) which king stephen had not resumed ; for although king stephen took back a great deal , yet he suffered his trustiest servants to enjoy his gift . iust . yes my lord , and in after times also ; for this was not the last , nor shall be the last , i hope . and judge you my lord , whether the parliaments doe not only serve the king , whatsoever is said to the contrary ; for as all king henry the . gifts & graunts were made void by the duke of york when he was in possession of the kingdome by parliament . so in the time of k. h. when k. edw. was beaten out again , the parliament of westminster made all his acts voyd , made him and all his followers traytors , and gave the king many of their heads & lands . the parliaments of england do alwayes serve the king in possession . it served rich. the second to condemne the popular lords . it served bollingbrooke to depose rich. when edw. the . had the scepter , it made them all beggars that had followed h. the . and it did the like for h. when edw. was driven out . the parliaments are as the friendship of this world is , which alwayes followeth prosperity . for king edw. the . after that he was possessed of the crown , he had in his . year a subsedy freely given him : and in the year following he took a benevolence through england , which arbitrary taking from the people , served that ambitious traytor the duke of bucks . after the kings death was a plausible argument to perswade the multitude , that they should not permit ( saith sir thomas moore ) his line to raigne any longer upon them . couns. well sir , what say you to the parliament of richard the third his time ? iust . i find but one , and therein he made diverse good laws . for king henry the seventh in the beginning of his third year he had by parliament an ayde granted unto him , towards the relief of the duke of brittain , then assailed by the french king. and although the king did not enter into the warre , but by the advice of the three estates , who did willingly contribute : yet those northern men which loved richard the third , raised rebellion under colour of the money impos'd , and murthered the earle of northumberland whom the king employed in that collection . by which your lordship sees , that it hath not been for taxes and impositions alone , that the ill disposed have taken armes ; but even for those payments which have been appointed by parliament . couns. and what became of these rebels ? iust . they were fairly hang'd , & the money levied notwithstanding in the kings first year he gathered a marvailous great masse of money , by a benevolence , taking pattern by this kind of levie from edw. th . but the king caused it first to be moved in parliament where it was allowed , because the poorer sort were therein spared . yet it is true that the king used some art , for in his letters he declared that he would measure every mans affections by his gifts . in the thirteenth year he had also a subsedy , whereupon the cornish men took armes , as the northern men of the bishoprick had done in the third year of the king , couns. it is without example , that ever the people have rebelled for any thing granted by parliament , save in this kings dayes . iust . your lordship must consider , that he was not over much beloved , for he took many advantages upon the people and the nobility both . couns. and i pray you what say they now of the new impositions lately laid by the kings majesty ? do they say that they are justly or unjustly laid ? iust . to impose upon all things brought into the kingdome is very ancient : which imposing when it hath been continued a certain time , is then called customes , because the subjects are accustomed to pay it , and yet the great taxe upon wine is still called impost , because it was imposed after the ordinary rate of payement , had lasted many years . but we do now a dayes understand those things to be impositions , which are raised by the command of princes , without the advice of the common-wealth , though ( as i take it ) much of that which is now called custome , was at the first imposed by prerogative royall : now whether it be time or consent that makes them just , i cannot define , were they just because new , and not justified yet by time , or unjust because they want a generall consent : yet is this rule of aristotle verified in respect of his majestie : minus timent homines in justum pati à principe quem cultorem dei putant . yea my lord , they are also the more willingly borne , because all the world knows they are no new invention of the kings . and if those that advised his majestie to impose them , had raised his lands ( as it was offered them ) to l . more then it was , and his wards to asmuch as aforesaid , they had done him farre more acceptable service . but they had their own ends in refusing the one , and accepting the other . if the land had been raised , they could not have selected the best of it for themselves : if the impositions had not been laid , some of them could not have their silks , other pieces in farme , which indeed grieved the subject ten times more then that which his majestie enjoyeth . but certainly they made a great advantage that were the advisers , for if any tumult had followed his majesty , ready way had been to have delivered them over to the people . couns. but think you that the king would have delivered them if any troubles had followed ? iust . i know not my lord , it was machiavels counsell to caesar borgia to doe it , and king h the . delivered up empson and dudley : yea the same king , when the great cardinall woolsey , who governed the king and all his estate , had ( by requiring the sixt part of every mans goods for the king ) raised a rebellion , the king i say disavowed him absolutely , that had not the dukes of norfolk and suffolk appeased the people , the cardinall had sung no more masse : for these are the words of our story : the king then came to westminster to the cardinals palace , and assembled there a great councell , in which he protested , that his mind was never to aske any thing of his commons which might sound to the breach of his laws . wherefore he then willed them to know by whose means they were so strictly given forth . now my lord , how the cardinall would have shifted himself , by saying , i had the opinion of the iudges , had not the rebellion been appeased , i greatly doubt . couns. but good sir , you blanch my question , and answer me by examples . i aske you whether or no in any such tumult , the people pretending against any one or two great officers , the king should deliver them , or defend them ? iust . my good lord , the people have not stayed for the kings delivery , neither in england , nor in france : your lordship knows how the chancellour , treasurer , and chief iustice , with many others at severall times have been used by the rebels : and the marshals , constables , and treasurers in france , have been cut in pieces in charles the sixt his time . now to your lordships question , i say that where any man shall give a king perilous advice , as may either cause a rebellion , or draw the peoples love from the king , i say , that a king shall be advised to banish him : but if the king do absolutely command his servant to do any thing displeasing to the common-wealth , and to his own perill , there is the king bond in honour to defend him . but my good lord for conclusion , there is no man in england that will lay any invention ether grievous or against law upon the kings majesty : and therefore your lordships must share it amongst you . couns. for my part , i had no hand in it , ( i think ) ingram was be that propounded it to the treasurer . iust . alas , my good lord , every poor waiter in the custome-house , or every promooter might have done it , there is no invention in these things , to lay impositions , and sell the kings lands , are poor and common devices . it is true that ingram and his fellows are odious men , and therefore his majesty pleas'd the people greatly to put him from the coffership . it is better for a prince to use such a kind of men , then to countenance them , hangmen are necessary in a common wealth : yet in the netherlands , none but a hangmans sonne will marry a hangmans daughter . now my lord , the last gathering which henry the seventh made , was in his twentieth year , wherein he had another benevolence both of the clergy and laity , a part of which taken of the poorer sort , he ordained by his testament that it should be restored . and for king henry the eight , although he was left in a most plentifull estate , yet he wonderfully prest his people with great payments , for in the beginning of his time it was infinite that he spent in masking and tilting , banquetting , and other vanities , before he was entred into the most consuming expence of the most fond and fruitlesse warre that ever king undertook . in his fourth yeare he had one of the greatest subsedies that ever was granted ; for besides two fifteens and two dismes , he used davids law of capitation or head money , and had of every duke ten marks , of every earl five pounds , of every lord four pounds , of every knight four marks and every man rated at l . in goods , . marks , and so after the rate : yea every man that was valued but at paid d , and every man and woman above . yeares d . he had also in his sixt yeare divers subsedies granted him . in his fourteenth their was a tenth demanded of every mans goods , but it was moderated . in the parliament following , the clergie gave the king the half of their spirituall livings for one yeare , and of the laity there was demanded l , which could not be leavied in england , but it was a marvellous great gift that the king had given him at that time . in the kings seventeenth yeare was the rebellion before spoken of , wherein the king disavowed the cardinall : in his seventeenth yeare he had the tenth and fifteenth given by parliament , which were before that time paid to the pope . and before that also , the moneys that the king borrowed in his fifteenth yeare were forgiven him by parliament in his seventeenth yeare . in his . yeare a subsedy was granted of d . the pound of every man worth in goods from s . to l , from l . to l . and upwards of every pound s . and all strangers , denisens and others doubled this summe strangers not being inhabitants above . yeares d . a head . all that had lands , fees , and annuities , from . to . and so double as they did for goods : and the clergy gave d . the pound . in the thirty seventh yeare , a benevolence was taken not voluntary , but rated by commissioners , which because one of the aldermen refused to pay , he was sent for a souldier into scotland . he had also another great subsedy of six shillings the pound of the clergy , and two shillings eight pence of the goods of the laity , and four shillings the pound upon lands . in the second yeare of edward the sixt , the parliament gave the king an aid of twelve pence the pound of goods of his naturall subjects , and two shillings the pound of strangers , and this to continue for three yeares , and by the statute of the second and third of edward the sixt , it may appear , the same parliament did also give a second aid , as followeth , ( to wit ) of every ewe kept in severall pastures , d : of every weather kept as aforesaid d : of every sheep kept in the common , d , ob . the house gave the king also d . the pound of every woollen cloath made for the sale throughout england for three years . in the third and fourt , of the king , by reason of the troublesome gathering of the poly money upon sheep , and the tax upon cloath , this act of subsedy was repeal'd , and other relief given the king , and in the seventh yeare he had a subsedy and two fifteens . in the first yeare of queen mary , tunnage and poundage were granted . in the second yeare a subsedy was given to king philip , and to the queen , she had also a third subsedy in annis . & . eliz. reg , now my lord , for the parliaments of the late queens time , in which there was nothing new , neither head money , nor sheep money , nor escuage , nor any of these kinds of payments was required , but onely the ordinary subsedies , and those as easily graunted as demanded , i shall not need to trouble your lordship with any of them , neither can i inform your lordship of all the passages and acts which have passed , for they are not extant , nor printed . couns. no , it were but time lost to speak of the latter , and by those that are already remembred , we may judge of the rest , for those of the greatest importance are publick . but i pray you deal freely with me , what you think would be done for his majesty , if he should call a parliament at this time , or what would be required at his majesties hands ? iust . the first thing that would be required , would be the same that was required by the commons in the thirteenth yeare of hen. the eight ( to wit ) that if any man of the commons house should speak more largely , then of duty he ought to do , all such offences to be pardoned , and that to be of record . couns. so might every companion speak of the king what they list . iust . no my lord , the reverence which a vassall oweth to his soveraigne , is alwaies intended for every speech , howsoever it must import the good of the king , and his estate , and so long it may be easily pardoned , otherwise not ; for in queen elizabeths time , who gave freedome of speech in all parliaments , when wentworth made those motions , that were but supposed dangerous to the queens estate , he was imprisoned in the tower , notwithstanding the priviledge of the house , and there died . couns. what say you to the scicilian vespers remembred in the last parliament ? iust . i say , he repented him heartily that used that speech , and indeed besides that , it was seditious , this example held not : the french in scicily usurped that kingdome , they neither kept law nor faith , they took away the inheritance of the inhabitants , they took from them their wives , and ravished their daughters , committing all other insolencies that could be imagined . the kings majesty is the naturall lord of england , his vassals of scotland obey the english laws , if they break them , they are punished without respect . yea his majesty put one of his barons to a shamefull death , for being consenting onely to the death of a common fencer : and which of these ever did or durst commit any outrage in england , but to say the truth , the opinion of packing the last , was the cause of the contention and disorder that happened . couns. why sir ? do you not think it best to compound a parliament of the kings servants and others , that shall in all obey the kings desires ? iust . certainly no , for it hath never succeeded well , neither on the kings part , nor on the subjects , as by the parliament before-remembred your lordship may gather , for from such a composition do arise all jealousies , and all contentions . it was practized in elder times , to the great trouble of the kingdome , and to the losse and ruine of many . it was of latter time used by king henry the eight , but every way to his disadvantage . when the king leaves himself to his people , they assure themselves that they are trusted and beloved of their king , and there was never any assembly so barborus , as not to answer the love and trust of their king. henry the sixt when his estate was in effect utterly overthrown , and utterly impoverished at the humble request of his treasurer made the same known to the house : or other wise , using the treasurers own words . he humbly desired the king to take his staffe , that he might save his wardship . couns. but you know , they will presently be in hand with those impositions , which the king hath laid by his own royall prerogative . iust . perchance not my lord ; but rather with those impositions that have been by some of your lordships laid upon the king , which did not some of your lordships fear more then you do the impositions laid upon the subjects , you would never disswade his majesty from a parliament : for no man doubted , but that his majesty was advised to lay those impositions by his councell , and for particular things on which they were laid , the advice came from petty fellows ( though now great ones ) belonging to the custome-house . now my lord , what prejudice hath his majesty ( his revenue being kept up ) if the impositions that were laid by the generall councell of the kingdome , which takes off all grudging and complaint . couns. yea sir , but that which is done by the king , with the advice of his private or privy councell , is done by the kings absolute power . iust . and by whose power it is done in parliament , but by the kings absolute power ? mistake it not my lord : the three estates do but advise , as the privy councell doth , which advice if the king imbrace , it becomes the kings own act in the one , and the kings law in the other , for without the kings acceptation , both the publick and private advices be but as empty egg shels : and what doth his majesty lose if some of those things , which concerns the poorer sort to be made free again , and the revenue kept up upon that which is superfluous ? is it a losse to the king to be beloved of the commons ? if it be revenue which the king seeks , is it not better to take it of those that laugh , then of those that cry ? yea if all be conten to pay upon moderation & change of the species : is it not more honourable and more safe for the king , that the subject pay by perswasion , then to have them constrained ? if they be contented to whip themselves for the king , were it not better to give them the rod into their hands , then to commit them to the executioner ? certainly it is farre more happy for a soveraigne prince , that a subject open his purse willingly , then that the same be opened by violence . besides , that when impositions are laid by parliament , they are gathered by the authority of the law , which ( as aforesaid ) rejecteth all complaints , and stoppeth every mutinous mouth : it shall ever be my prayer that the king embrace the councel of honour and safety , and let other princes imbrace that of force . couns. but good sir , it is his prerogative which the king stands upon , & it is the prerogative of the kings , that the parliaments do all diminish . iust . if your lordship would pardon me , i would say then , that your lordships objection against parliaments is ridiculous . in former parliaments three things have been supposed dishonour of the king. the first , that the subjects have conditioned with the king , when the king hath needed them , to have the great charter confirmed : the second , that the estates have made treasurers for the necessary and profitable disbursing of those sums by them given , to the end , that the kings , to whom they were given , should expend them for their own defence , & for the defence of the common-wealth : the third , that these have prest the king to discharge some great officers of the crown , and to elect others . as touching the first my lord , i would fain learn what disadvantage the kings of this land have had by confirming the great charter , the breach of which have served onely men of your lordships rank , to assist their own passions , and to punish and imprison at their own discretion the kings poor subjects . concerning their private hatred , with the colour of the kings service , for the kings majestie take no mans inheritance , ( as i have said before ) nor any mans life , but the law of the land , according to the charter . neither doth his majesty imprison any man ( matter of practice , which concerns , the preservation of his estate excepted ) but by the law of the land . and yet he useth his prerogative as all the kings of england have ever used to : for the supream reason cause to practise many things without the advice of the law . as insurrections and rebellions , it useth the marshall , and not the common law , without any breach of the charter , the intent of the charter considered truely . neither hath any subject made complaint , or been grieved , in that the kings of this land , for their own safeties , and preservation of their estates , have used their prerogatives , the great ensigne , on which there is written soli deo. and my good lord , was not buckingham in england , and byron in france condemned , their peers uncalled ? and withall , was not byron utterly ( contrary to the custome & priviledges of the french ) denyed an advocate to assist his defence ? for where lawes forecast cannot provide remedies for future dangers , princes are forced to assist themselves by their prerogatives . but that which hath been ever grievous , and the cause of many troubles , very dangerous is , that your lordships abusing the reasons of state , do punish and imprison the k. subjects at your pleasure . it is you my lords , that when subjects have sometimes need of the kings prerogative , do then use the strength of the law , and when they require the law , you afflict them with the prerogative , and tread the great charter ( which hath been confirmed by acts of parliament ) under your feet , as a torn parchment or waste paper ? . couns. good sir , which of us do in this sort break the great charter ? perchance you mean , that we have advised the king to lay the new impositious . iust . no my lord : there is nothing in the great charter against impositions : and besides that , necessity doth perswade them . and if necessity do in somewhat excuse a private man à fortiori , it may then excuse a prince . again the kings majesty hath profit and increase of revenue by the impositions . but there are of your lordships ( contrarie to the direct letter of the charter ) that imprison the kings subjects and deny them the benefit of the law , to the kings disprofit . and what do you otherwise thereby ( if the impositions be in any sort grievous ) but renovare dolores ? and with all digg out of the dust the long buried memorie of the subjects former intentions with their kings . couns. what mean you by that ? iust . i will tell your lordship when i dare , in the mean time it is enough for me , to put your lordship in mind , that all the estates in the world , in the offence of the people , have either had profit or necessity to perswade them to adventure it , of which , if neither be urgent , and yet the subject exceedingly grieved , your lordship may conjecture , that the house will be humble suitors for a redresse . and if it be a maxime in policy to please the people in all things indifferent , and never suffer them to be beaten , but for the kings benefit ( for there are no blows forgotten with the smart but those ) then i say to make them vassals to vassals , is but to batter down those mastering buildings , erected by k henry the . & fortified by his son , by which the people the gentry of england were brought to depend upon the king alone . yea my good lord , our late dear soveraign q. eliz. kept them up , & to their advantage , as wel repaired as ever prince did defend me , & spend me , faith the irish churle . couns. then you think that this violent breach of the charter will be the cause of seeking the conformation of it in the next parliament , which otherwise could never have bin moved . iust . i know not my good lord perchance not , for if the house presse the king to graunt unto them all that is theirs by the law , they cannot ( in iustice ) refuse the king all that is his by the law. and where will be the issue of such a contention ? i dare not divine , but sure i am that it will tend to the prejudice both of the king and subject . couns. if they dispute not their own liberties , why should they then the kings liberties , which we call his prerogative . iust . among so many and so divers spirits , no man can foretell what may be propounded , but howsoever , if the matter be not slightly handled on the kings behalf , these disputes will soon dissolve for the king hath so little need of his prerogative , & so great advantage by the lawes , as the fear of imparing the one , to wit , the prerogative , is so impossible , and the burthen of the other , to wit , the law , so weighty , as but by a branch of the kings prerogative , namely , of his remission and pardon , the subject is no way able to undergo it . this my lord is no matter of flourish that i have said , but it is the truth , and unanswerable . couns. but to execute the laws very severely , would be very grievous . iust . why my lord , are the laws grievous which our selves have required of our kings ? and are the prerogatives also which our kings have reserved to themselves also grievous ? how can such a people then be well pleased ? and if your lordship confess that the lawes give too much , why does your lordship urge the prerogative that gives more ? nay i will be bold to say it , that except the lawes were better observed , the prerogative of a religious prince hath manifold lesse perils then the letter of the law hath . now my lord , for the second & third , to wit , for the appointing of treasures , and removing of councellors , our kings have evermore laught them to scorn that have prest either of these , & after the parliament dissolved , took the money of the treasurers of the parliament and recalled & restored the officers discharged , or else they have been contented , that some such persons should be removed at the request of the whole kingdom , which they themselves out of their noble natures , would not seem willing to remove . couns. well sir , would you notwithstanding all these arguments advise his majesty to call a parliament ? iust . it belongs to your lordships who enjoy the kings favour , & are chosen for your able wisedome to advise the k. it were a strange boldnesse in a poor and private person , to advise kings , attended with so understanding a councell . but be like your lorpships have conceived some other way , how money may be gotten otherwise . if any trouble should happen , your lordship knows , that then there were nothing so dangerous for a k as to be without money : a parliament cannot assemble in haste , but present dangers require hasty remedies . it will be no time then to discontent the subjects by using any unordinary wayes . couns. well sir , all this notwithstanding we dare not advise the king to call a parliament , for if it should succeed ill , we that advise , should fall into the kings disgrace . and if the king be driven into any extremity , we can say to the king that because we found it extremely unpleasing to his majesty to hear of a parliament , we thought it no good manners to make such a motion . iust . my lord , to the first let me tell you , that there was never any just prince that hath taken any advantage of the successe of councels , which have been founded on reason , to fear that , were to fear the losse of the bell , more then the losse of the steeple , and were also the way to beat all men from the studies of the kings service . but for the second , where you say you can excuse your selves upon the kings own protesting against a parliament , the king upon better consideration may encounter that fineness of yours . couns. how i pray you ? iust . even by declaring himself to be indifferent , by calling your lordships together , and by delivering unto you that he heares how his loving subjects in generall are willing to supply him , if it please him to call a parliament , for that was the common answer to all the sheriffes in england , when the late benevolence was commanded . in which respect , and because you come short in all your projects , & because it is a thing most dangerous for a king to be without treasure , he requires such of you , as either mislike , or rather fear a parliment , to set down your reasous in writing , which you either mislike , or feared it . and such as with and desire it , to set down answers to your objections : and so shall the king prevent the calling or not calling on his majesty , as some of your great councellers have done in many other things shrinking up their shoulders , and saying , the k. will have it so . couns. well sir , it grows late , & i will bid you farewell , onely you shall take well with you this advice of mine , that in all that you have said against our greatest , those men in the end shall be your iudges in their own cause , you that trouble your self with reformation ; are like to be well rewarded hereof you may assure your self , that we will never allow of any invention how profitable soever , unlesse it proceed , or seem to proceed from our selves . iust . if then my lord , we may presume to say that princes may be unhappy in any thing , certainly they are unhappy in nothing more then in suffering themselves to be so inclosed . again , if we may believe pliny , who tels us , that 't is an ill signe of prosperity in any kingdome or state , where such as deserve well , find no other recompence then the contentment of their own conseiences , a farre worse signe is it where the justly accused shall take revenge of the just accuser . but my good lord , there is this hope remaining , that seeing he hath been abused by them he trusted most , he will not for the future dishonour of his judgement ( so well informed by his own experience ) as to expose such of his vassals as have had no other motives to serve him , then simply the love of his person and his estate ) to their revenge , who have onely been moved by the love of their own fortunes , and their glory . couns. but good sir , the king hath not been deceived by all . iust . no my lord , neither have all been trusted , neither doth the world accuse all , but believe , that there be among your lordships very just and worthy men , aswell of the nobility as others , but those though most honoured in the common-wealth , yet have not been most imployed : your lordship knows it well enough , that three or of your lordships have thought your hands strong enough to beat up alone the weightiest affairs in the commonwealth , and strong enough , all the land have found them to beat down whom they pleased . couns. i understand you , but how shall it appear that they have onely sought themselves . iust . there needs no perspective glasse to discern it , for neither in the treaties of peace and warre , in matters of revenue , and matters of trade , any thing hath hapned either of love or of judgement . no my lord , there is not any one action of theirs eminent , great or small , the greatnesse of themselves onely excepted . co. it is all one , your papers can neither answer nor reply , we can . besides you tell the king no news in delivering these complaints , for he knows as much as can be told him . iust . for the first my lord , whereas he hath once the reasons of things delivered him , your lordships shall need to be well advised , in their answers there is no sophistry will serve the turn , where the iudge , & the understanding are both supreme . for the second , to say that his majesty knows , and cares not , that my lord were but to despaire all his faithfull subjects . but by your favour my lord , we see it is contrary , we find now that there is no such singular power as there hath been , iustice is described with a balance in her hand , holding it even , and it hangs as even now as ever it did in any kings dayes , for singular authority begets but generall oppression . couns. howsoever it be , that 's nothing to you , that gave no interest in the kings favour , nor perchance in his opinion , and concerning such a one , the misliking , or but misconceiving of any one hard word , phrase , or sentence , will give argument to the king either to condemne or reject the whole discourse . and howsoever his majesty may neglect your informations , you may be sure that others ( at whom you point will not neglect their revenges , you will therefore confesse it ( when it is too late ) that you are exceeding sory that you have not followed my advise . remember cardinall woolsey , who lost all men for the kings service , & when their malice ( whom he grieved ) had out-lived the kings affection , you know what became of him as vvell as i. iust . yea , my lord , i know it well , that malice hath a longer life , than either love or thankfulnesse hath , for as we alwaies take more care to put off pain , than to enjoy pleasure , because the one hath no intermission , & with the other we are often satisfied , so it is in the smart of iniury & the memory of good turns : wrongs are written in marble : benefits are ( sometimes ) acknowledged , rarely requited . but my lord , we shall do the k. great wrong , to judge him by common rules , or ordinary examples , for seeing his majesty hath greatly enriched and advanced those that have but pretended his service , no man needs to doubt of his goodnesse towards those that shall performe any thing worthy reward . nay , the not taking knowledge of those of his own vassals that have done him wrong , is more to be lamented , than the relinquishing of those that do him right , is to be supected . i am therefore , my good lo : held to my resolution by these , besides the former . the , that god would never have blest him with so many years , and in so many actions , yea in all his actions , had he paid his honest servants with evill for good . the d . where your lordship tels me , that i will be sorry for not following your advice , i pray your lordship to believe , that i am no way subject to the common sorrowing of worldly men , this maxime of plato being true , dolores omnes ex amore animi erga corpus nascuntur . but for my body , my mind values it at nothing . couns. what is it then you hope for or seek ? iust . neither riches , nor honour , or thanks , but i onely to seek to satisfie his majesty ( which i would have been glad to have done in matters of more importance that i have lived and will die an honest man. finis . the authors epitaph , made by himself . even such is time , which takes in wast our youth , and ioy 's , and all we have , and payes us but with age and dust , which be the dark and silent grave , when we have wandred all our wayes , struts up the story of our dayes : and from which earth and grave , & dust , the lord shall raise me up i trust . notes, typically marginal, from the original text notes for div a -e chief . other degrees . other degrees . notes for div a -e seeing . touching . hearing . smelling . tasting . notes for div a -e situation for safety & plenty . multitude of inhabitants . religigion . academies . courts of justice . artificers . privledge . the first devises of rome to allure strangers as is sanctuarie . triumps notes for div a -e huband men . merchant . gentry . notes for div a -e two things s● w. raleigh accused of . his majestys gracious message to general monck, commander in chief of his majesties army in scotland, and to the lords, knights, gentlemen, &c. sitting in council at the city of edenburgh. charles ii, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majestys gracious message to general monck, commander in chief of his majesties army in scotland, and to the lords, knights, gentlemen, &c. sitting in council at the city of edenburgh. charles ii, king of england, - . sheet ([ ] p.) [s.n.], printed at paris, cum privilegio : . dated at end: signed by our self at our court at orleance, this nine and twentieth day of november . annotation on thomason copy: "xber [i.e. december]. ." reproduction of the original in the british library. eng albemarle, george monck, -- duke of, - -- early works to . england and wales. -- army -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no c. r. his majestys gracious message to general monck, commander in chief of his majesties army in scotland, and to the lords, knights, gentl charles ii, king of england d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c. r. his majestys gracious message to general monck , commander in chief of his majesties army in scotland , and to the lords , knights , gentlemen , &c. sitting in council at the city of edenburgh . right trusty and well beloved , having received an overture from several of our loving subjects in our kingdom of scotland , wherein is expressed very ample testimonies of their good affections to our self , and their solemn protestation to endeavour to the utmost of their power , the establishing us in the royal throne and dignity of our father , to the end that all our loving subjects may be redeemed from those horrid outrages , that they are now under , by that sad and destructive government of the mercilesse sword . for the satisfaction of all our loving subject , we have thought it very sutable to the duty of our place , to do our part to so good a work , in which we shall not think it below our kingly dignity , to descend to any particular which may compose and settle the affections of our meanest subjects , since we are so conscious to our self of such upright intentions and endeavours , and only of such which are for the peace and happinesse of our bleeding kingdoms ; in which the prosperity of our subjects must be included , that we wish the most secret thought of our heart , were publisht to their view and examination . we have several times done all that we could , to manifest the clearnesse and uprightness of our intentions to all our loving subjects , as likewise in our last propositions publishd in print by some of our friends in england , signed by our selfat brussels ; wherein we made provision both for all our loving subjects and the souldiery , so far as might be with safety to our self and kingdoms . and now at last , being fully satisfied of your present ( we hope successful ) proceedings , in behalf of our self and our parliament chosen by our royal father , do from the bottom of our hearts , without fraud , deceit , or any sinister by end , declare to you our trusty and well beloved subjects , that we shall be willing , and have already provided for your assistance of our own native countey horse and foot , being accomodated by the two christian kings , with arms , ammunition and all other provision , necessary for the carrying on so great a work , to establish the gospel , and settle a true peace amongst our loving subjects in our long distracted kingdoms ; being confident , and assuring our self , that we may put our whole trust in you , and our honourable counsel elected by the good people of our kingdom of scoland . not doub●●ng in the least of your fidelity , though lately we were in great danger of being ensnared by that unparallel'd traytor sir george booth and his party , amongst whom many of our good friends were treacherously drawn in , by his machavelion devises , to their very great detriment , both by imprisonment and losse of their estates . we do further hereby declare , that whereas some of our reproachful enemies have cast upon us that false aspersion of forsaking the true protestant religion ( thinking thereby to make us odious in the eys of our loving subjects ) and that if we should be established in the royal throne of our father , we would utterly destroy and exterpa● the gospel , with all the good godly people in our kingdoms , and advance the romane catholick religion , we do abhorre any such thoughts , having been from our infancy nurtured and brought up in the true , ancient , catholick and apostol●ck faith ; in defence whereof ( god enabling us ) we shall freely hazzard our lives and fortunes ; not seeking ou own interest so much as the interest , rights , priviledges , lawes , liberties , and freedoms of our long enslaved sub●ects , under the egyptian bondage of taxes , excise , unusual customs , assessements , and free-quartering of a mercinary army , imposd on them by tyrannous usurpers , who have by will and power governed our kingdoms , destroying and massacring our loving subjects at pleasure ; during the time of our exilement . we shall now conjure all our good subjects ( of what degree soever ) by all the bonds of love , duty or obedience , that are precious to good men , to joyn with us for the recovery of the peace of our kingdoms , and for the preservation thereof , to remove all their doubts and fears , which may interrupt their affection to our self , and all their jealousies and apprehensions which may lessen their charity to each other , and then ( if the sins of ou● kingdoms have not prepared an evitable judgment for us all ; god will yet make us a great and more glorious king over a free and happy people , then ever yet were any of our predecessors . signed by our self at our court atorleance , this nine and twentieth day of november . c. r. god save the king . printed at paris , cum priviledgio , . the priviledges of the baronage of england, when they sit in parliament collected (and of late revised) by john selden of the inner temple esquire, out of parliament rolles ... & and other good authorities ... : the recitalls of the french records in the th. chap., also newly translated into english ... selden, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the priviledges of the baronage of england, when they sit in parliament collected (and of late revised) by john selden of the inner temple esquire, out of parliament rolles ... & and other good authorities ... : the recitalls of the french records in the th. chap., also newly translated into english ... selden, john, - . [ ], p. printed by t. badger for matthew wallbanck ..., london : . reproduction of original in british library. eng england and wales. -- parliament. -- house of lords -- privileges and immunities. nobility -- great britain. a r (wing s ). civilwar no the priviledges of the baronage of england, vvhen they sit in parliament. collected (and of late revised) by john selden of the inner temple selden, john f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the priviledges of the baronage of england , when they sit in parliament . collected ( and of late revised ) by john selden of the inner temple esquire out of the parliament rolles , and journalls , patent , and close rolls ; the crowne rolls , the proceedings of the english courts at westminster , the register of the arch-bishop of canterbury , and the delegates yeare-bookes , of the common law , statutes & other good authorities , and in such sort that frequently the words of the chiefest testimonies are transcribed , least the freedome of the readers iudgement might be other wayes prevented by short collections . the recitalls of the french records in the th , chap. also newly translated into english for the benefit of others , as well as the students of the lawes of england . quo communius eo magis bonum quod est justum . london , printed by t. badger for matthew wallbanck , and are to be sold at his shop at grase-inne gate . . the introduction by way of table or index to the chapters following contained in this treatise . priviledges are speciall rights belonging to the baronage of england . in which name are com●rehended all those , who as magnati & proceres regni by common right are summoned to every parliament wherein also they have place and voyce as incident to their dignities , and what things doe concerne them e●ther as they are one estate together in the upper house , or as every one of them is privately a single baron . as for the prelacy who had heretofore the first place in the summons , viz. praelati , magnates &c. they have now lost all their priviledges o● sitting in parliament , and of bearing of any secular offices in the kingdome , they are disabled by act of this present parliament , . car. . for priviledges of the first kinde . chap. testimonies are hereby collected touching . chap. . their proxies and making of proxies chap. . their proceedings in suits as well for followers as for themselves during the parliament . . chap. . that none of them bee subject to bee questioned before the lower house onely . . chap. . their jurisdi●●ion in matters of offences as well capital , as not capitall . errors out of the kings bench . chap. . their passing of bills and giving of iudgements heretofore without any assent of spirituall lords . chap. . their appointing of iudges out of themselves for examination of delaies of iudgements in other courts . chap. . their tennants of ancient tennancies , bring discharged of paying the charges of knights of the shiere . for priviledges of the second kinde , of which also some are communicated to baronesses . the heads of the collections are , chap. . first touching oathes and protestationt upon honour . chap. tryall by peeres . chap. scandala magnatum . chap. . processe against them in english courts proceedings by bill and answere . id . chap. . their number of chaplaines is qualified . chap. . their retayning of strangers . chap. . clergy without reading . id . chap. . their libertie of hunting in the kings forrests . chap. . amerciaments of them . id . chap. . no processe in a civill account to bee awarded against the body of a baron . chap. . a knight to bee returned upon every pannell where a baron is party . chap. . no day of grace against a baro● of parliament . ib. chap. . making deputies of places of trust committed to them without words of the special power . besides these , they have some rights which are so commonly knowne , that there needs no particular mention of them ; as their interest in making , or repealing of lawes , or the like , and divers others may perhaps be found , which have not been oblivious in the late search made for them : but of these particulars before mentioned , according to the order in which they are described , such store as are here collected doe follow . first , of the speciall rights , which concerne them , as they are one estate in the upper house of parliament . chap. i. of proxies of the lords of parliament . vpon the summons of the parliament , licence of absence being obtained , and the same licence as usually it being provided that a proxie bee made , the baron so licensed may appeare onely by that proxie , to whom his voyce is so committed , although his writ bee quod personaliter inter●it , and so also without licence upon sicknesse or such inevitable cause of absence . the first mention of proxies that occurres in the memories of our parliaments , is of carlile under edward the first , where the words are , quia omnes praelati , milites , & alij de communitate regni , tunc plenariè non venerunt receptis quibusdam procurationibus praelatorum , qui venire non poterant adjornantur omn●s qui summoniti sunt ad parliamentum , usqué ad diem mercurij proximum sequentem ad horam primam . and in a parliament held at westminster under edwa●d the second ; the bi●hops of of durham , and carlile remaining upon the defence of the marches of scotland , were severally commanded to stay there ; and in the writ this clause was ordered to both of them . sed procuratorem vestrum sufficientèr instructum ad dictos diem , & locum mittatis ad consentiendum quod tunc ibidem per dictos praelatos & proceres contigerit ordinari . and the like testimonies are afterwards under the same king for allowance , and making of proxies by the name of procuratores sufficientes . and in succeeding times the testimonies of them downe to this day are most frequent . but two things are most especially observable touching them . ( . ) that although the generall proxies were admitted , yet when the nature of the parliamentory businesse required more speedie and full advice , a clause was inserted into the summons to premonish the baron summoned , that his proxie should not bee admitted unlesse he were compelled to absent himselfe by most inevitable necessity . so was it in the writs of summons under edward the third to the parliament , held for advice touching the voyage of the king of france , into the holy land , every baron having these words in his writ . scientes pro certo quod nisi evidens , & manifestus id exposcat non intendimus procuratores seu excusatores pro vobis admittere , ea vice propter arduitatem negotiorum praedictorum . and likewise under richard the second , the summons to the arch-bishop of canterbury , and the rest had these words . et 〈◊〉 nullatonus amittatis ●ne quid absit per vestram absentiam quàm necessitate infirmitate tunc ●etenti fueritis quòd aliqualiter illuc laborare non poteritis nullo modo excusatum habere volumus , ista vice expeditio ne potior nostr●rum praedictorum retardetur , seu aliqual●ter deferatur . and divers other exam●l●s are for personall appearance ▪ and exc●uding proxies . ( . ) that the course of the elder time was : not that barons onely were made proxies in the upper house as at this day but other men also of low condition , and this hath beene very frequently in the case of bishops , and parliamentory abbots and ●riors , who gave their letters usually to parsons , prebendaries , canonists , and such like . in that parliament of carlile under edward the first , the bishop of exeter sent to the parliament , henry de pynkney parson of houghton as his proxie . the bishop of bath and wells sent william of charleton , a canon of his church , and in like for t other of the spiritualty of that time . in the beginning of the th . yeare of richard the second , the bishop of norwich made richard corqueanx being then deane of the arches , thomas hederset archdeacon of sudbury , and iohn thorpe parson of epingham , his proxies by the name of procuratores sive nuntij . and in the same time the bishop of durhams proxies were iohn of burton canon of bewdley , and master of the rolls , and iohn of wendlingborough canon of london , and other like are of the same time . by which also that of the preamble of the statute of praemunire is understood , where it is said that the advice of the lords spirituall being present and of the procuratores of them that were absent , was demanded . the like under henry the fourth and henry the fift are found in the rolls . and under henry the fift the arch-bishop of yorke gives the proxie to the bishop of durham ; and to two other clerkes of his province . and it is observable that in the making of proxies by the whole number of bishops in case of attainders upon appeale , their course was sometime to make a gentleman beneath the degree of a baron , their proxie as under richard the second , first they made their proxie for assenting in the parliament , but afterwards the earle of wiltshire had that place in the same parliament . but this of making others then barons of parliament , proxies is carefully found in the cases of the lords spirituall . one speciall case of it is under henry the fift , in that of thomas de la ware , who being a clergie man had his barony descended unto him , and is stiled in the summons alwayes magister thomas de la ware , and not dominus , hee gave his letters to , john franke and richard hulme clerkes but the proxie rolls for the temporall lords are for the most part lost . the following times especially ever since the first memorie extant of the iournalls of the upper house ; which began the first of henry the eight , have kept a constant course of making parliamentory barons onely proxies . and it appeareth in those iournalls that one two or three are joyned conjunctim , & divisim ; and most commonly temporall lords have given their proxies to temporall and spirituall men : yet not without a temporall lords giving his letters of proxie to a spirituall , and temporall lord together . and under queen mary , francis earle of shrewsbury made anthony viscount mountague , and thomas bishop of ely his proxies . and in the beginning of queene mary stephen gardiner bishop of winchester was joyned in letters of proxie sometimes with a temporall lord . but the lords spirituall have so much mistataken ( of late ) the lawes of this kingdome , the kings prerogative given by the law , and what and whence was the originall of the honours , they themselves had obtained : and have beene ready to inlarge the dominions of antichrist , and to induce an arbitrary government by their writings , and other apparent practises , in so much as now they have lost both priviledge and vote in parliament . chap. ii. priviledges in suites as well for their followes as for themselves during the parliament . in a bill exhibited under henry the fourth , is shewed that the lords knights &c. and their men , and servants &c. should not be arrested or otherwise imprisoned by the custome of the realme , and it is prayed that if any be the parties offending may make fine and ransome , and give dammages &c. hereunto the answer is , there is sufficient remedy in the case . in the beginning of queene elizabeths reign , iohn broxham being plaintiffe , in an assise in the county of lincolne against the lord willoughby , it was ordained , that an injunction should goe out of the chancery subpaena . l. that the plaintiffe should not proceed to tryall . to this head may bee referred that case of the lord cromwell , cited in the title of processe against them in english courts , & in the iournalls of queen elizabeth , king james , and our present soveraigne , the testimonies of these priviledges for the servants of every baron of parliament are most frequent . hereunto may be added that of the first citation out of an ecclesiasticall court against the earle of cornewall , which was served upon him in westminster hall , as he was going to the parliament at the suite of bago d● clare , and the prior of saint trinity in london , for the earle sued them for the contempt , and recovered . markes dammages . and in the same parliament the master of the temple petitioneth that he might distraine for rent in a house in london , which it seemes the bishop of saint davids held of him . in qua non potest distringere in tempore parliamenti . but answer is , non videtur honestum quod rex concedat , quod ille de consilio suo distringatur per ostia & fenestras & prout moris est . chap. iii. no peere of the upper house to be called to answer in the lower house only . thomas philips complained of the bishop of london upon divers articles in the lower house , and at first by order of the house , whence it was referred by reason of the slight nature of the offence , &c. whereupon the bishop remembring the upper house of their priviledges , ejus verbis auditis pr●ceres omnes unâ voce dicebant quòd non consentantum fuit aliquem procerum praedictorum alicui in eo loco responsurum . so where the bishop of bristoll had written the booke of vnion , which was conceived to be derogatory to the honour of both houses , yet hee was complained of onely in the upper house , and that so he might bee , and not before the lower house alone , it was acknowledged in the message delivered from the lower house touching him . the like is the priviledge of the bishops complained of in this present parliament , . chap. iv. the iurisdiction of the lords of parliament in matters of offences , aswell capitall as not capitall , and in errors out of the kings bench . the power of iudicature belonging to the lords of parliament , is chiefly seene in their iurisdiction upon writs of error , and their iudgements of offences , as well capitall as not capitall , which they give to any publicke mischiefe in state . of these iudgements of such offences many examples are of former times in the records of parliament , and out of them are here selected , some such as most of all conduce to the opening of the course of accusation , the forme of the defendants , answering the usuall wayes of triall , and other incidents in their various kindes of iudgements , which are found arbitrary in cases not capitall : so that they extend not to the life or inheritance , and in capitall offences so arbitrary , that the forme of the death inflicted sometimes varied from the ordinary course used in the common law for such offences . under the first head these cases of . iohn matravers . borges of bayons . iohn deverill . thomas gourney . william of ocle . . iohn of gomeniz , and . william of weston . all condemned to death for treason , and all to bee drawne , and hanged saving gomeniz , who was judged to bee beheaded , because he was a banneret , and had served the king in his warres . under the second head are these cases of . iohn at lee steward of the houshold . . richard lions . . william lord latimer . . william ellis . . chichester and botesham . . alice pierce . . cavendish against sir mich. de la poole chancellour of england . . the earle of northumberland . for writs of error their power , and course in them may bee seene , some speciall examples which are expressed , whereunto is added that of thorpe being speaker of the lower house , under henry the sixt which specially shewes the power of iudicature in the lords , although otherwise it tast too much of what is wholy against the priviledges of every member of the parliament at this day . ex rot . parliamenti . e. . mem. . num . . witnesse the peeres , earles and barons assembled in this parliament , at westminster , that it is openly assented and agreed , that iohn matravers is guilty of the death of edmund earle of kent , the vnckle of our lord the king that now is , as he that principally , traiterously and falsely compassed the death of the said earle , so that the said iohn did know of the death of king edward our father , when the said iohn by haynous manner , and by his false and wicked deeds conspiring with the sonne of the said earle against the life of the king , which hee did actually commit , for which the said peeres of the land and iudges of the parliament , adjudge and award that the said iohn bee drawne , hanged and quartered as a traitor , in what part of the kingdome soever he be found , and the said peeres doe pray our lord the king , that hee will command that a writ be made to make search and enquiry throughout the realme , and that he that can take the said iohn alive , and bring him to the king shall have a hundred markes , and if in case he cannot be taken alive , he that brings his head shall have fiftie pounds of the kings guift . moreover to have such judgement , it is agreed , that it be put in execution of boges de boyons , and john deverell for the cause afore-mentioned , and that hee that can take the said boges alive , and bring him to the king shall have a hundred pounds , and he which brings the head of the said iohn shall have forty pounds of the kings guift . item it is assented and agreed , that thomas gourney and william of ocle , shall have such judgement for the death of king edward ( father of our lord the king that now is ) who falsely and traiterously murdered him ; and who can apprehend the said thomas , and take him alive shall have a hundred pound , and he that can bring the head of him a hundred markes ; likewise he that can take the said william alive shall have a hundred markes , and hee that brings the head of him ( if in case hee cannot be taken alive ) shall have forty pound of the kings guift . rot. parliamen . . r. . m. . in schedula annexa . this schedule the commons made and caused to be brought in parliament , praying the lords to ratefie the same , and to put in execution ; in that schedule amongst divers others , this article occurres . item that all those which have lost , or rendred when necessity required not , castle towne , or fortresse to the dishonour of our lord the king , the lords and commons in this present parliament , being every of them attainted of such fault , shall be punished according to their desert without partiality , for to avoyde the evill example which they have given to all others . then afterwards followes an accusation and a iudgement upon an offence of that nature . item where the supplication is by the commons , that all those which have rendred and lost castle or townes , lost by the very default of captaines may be put to their answer at this parliament , and according to their desert throughly punished by the award of the lords and baronage , avoyding the evill example which they have given to others , and that allen buxall ( constable of the tower of london ) shall cause to come before the lords of parliament at westminster , on friday the . day of november in the yeare afore mentioned , iohn lord of gomeniz , and william of weston imprisoned and detain'd in the said tower at the commandement of our lord the king , because they have rendered and lost faithfull castles and townes of our lord the king , for to answer upon the articles which there shall be preferred for the said cause , on the behalfe of our lord the king . at which day being friday , the said john and william were brought by the said constable of the tower before the lords aforesaid , sitting in full parliament in the great chamber ; they were severally put to answer at the commandement of the said lords , by sir richard scroope knight , ( steward of the houshold of our lord the king ) in manner as followeth . william of weston , you have taken upon you to the thrice powerfull prince , whom god have in his keeping , lord edward late king of england ( vnckle of our lord , the king that now is ) surely to keepe to him , and his heires kings of england : the castle of barwick without surrendring the same to any but him ; or his said heirs , have you william who were a leige man of our lord the king that now is ( true heire of the late king edward ) delivered and surrendered the said castle to the enemies of our lord the king , without his commandement in dishonour of him , and his crowne , and of the estate of his realme of england , against your leigeance and undertakings : whereupon hee put his answer in writing , having a schedule contayning the tenor of many things , and came and read the said schedule in full parliament , upon which the law was demanded by the said steward , if the said schedule should bee taken for his finall answer in that behalfe or not . and thereupon the said william prayeth that the said schedule may be redelivered to him , and there hee putteth in his finall answer , and after the said william put in to the said schedule an addition in full parliament for finall in that behalfe : the tenor of which schedule is such as followeth . to the most sage councell , of our lord the king , and to the other nobles and commons of parliament . william of weston beseecheth , and shewes that he is accused maliciously , to have rendered the castle of barwick , which he had in keeping upon the trust and assignement of our lord the king : may it please your just and learned discretion , to have the said william excused for the causes which follow . first , may it please you to remember how that the said william was lately warned by a spie , that a very great power of enemies came against him , for to besiege the said castle , and to batter the same with great ordinance , whereupon the said william forthwith by his attourney , and by his letters requested the councell , that they would please to fo●tifie the said castle with more gentlemen , f●r the defence and safeguard the●of , having regard that the garrison of the said c●stle was not sufficient for halfe the multitude of so great force , to make resistance in so large a place : but in the end for that hee could have no succour of the said councell , and likewise ( the said william being not in default was left without sufficient souldiers of a long time , whereby to keepe and defend the said castle , whereof hee beseecheth you that you will take just , and benigne consideration . likewise may it please you to take notice by the privy scout of warre , that there came the enemies power of armes , and seven hundred fighting men , with . of the common souldiers of the land , having nine great cannons , a great engine , and a trebutchet big above measure , which they carried in their marches , that thereby presently a great part of their gentlemen of armes , & souldiers aforesaid came before the gates of the said castle , to assault it , and there was a knight of theirs killed , which was cozen to the lord of chiffin , insomuch that officers and many others also were there slaine : and in a short time after they beganne to plant their cannons , and engines , and so continuing from day to day their assault ( that is to say ) tuesday , wednesday , and thursday , and the walls then of the houses and of the said castle were broken , and divided in many places , and they had by force filled the ditches of the said castle in three places , if possible to make way for them to issue , and there came upon the said workes a a great part of them , and they by force had broake and spoyled many of our bars , and the morrow after which was friday , they came at the break of day with all their strong men to assaile the said castle , but by the help of god they were not yet conquerours by force of their assault . and of our side and of their side there appeared great death and losses , and the same day the marshall of burgoyny treated with the said william and others , to render the said castle : wherefore and in consideration , that the said castle could not hold out for the smallnesse of the number of gentlemen there , and for that the walls in many places were beaten down by their marvelous ordnance , there was a treatie with the lords , to the end that the said william with his companions , might know what to doe the next morning , whether to stay or depart from thence . likewise the same night the enemies had brought all their ordinance , their engines trebutchet and cannons , upon carriages drawne by horses to the foot of the ditch of the said castle , and the next morning which was saturday , they put themselves all in order to assault the place , and then first of all they sent a herald to the said vvilliam , to know if the same castle should bee rendered or not , whereupon the said william by advice of the graver sort of his companions , having consideration how the said place was destroyed by their ordinances , and also that there were few gentlemen left for the defence , and that twelve of their companions were at that time dead , and that many being wounded and sick , he could not renew the gentlemen of the garrison , and that for safety to defend themselves , there being only but thirty eight , and by common assent the said castle which hee could hold out no longer , was by force rendered for safety of the lives of the men . that all these things aforesaid are true , the said william putteth himselfe upon tryall according to your discreet ordinances . item , it is to be remembred that when the said castle was rendered ( as aforesaid ) certaine gentlemen of france did bargaine with the said william for his victualls , and bought the same tog●ther with certaine persons , which the said william held within the said castle in prison , for which things hee received of them . and . franks , whereof hee paid to his companions for part of their wages which then was behind , three quarters of a yeare , . franks . item , hee payed at callis for victualls of the said castle before that time due . franks . item for the passage of the said william , and for his expences being at callis . franks . and therefore the said william beseecheth that you have regard to iustice and bounty , how that he by envious suggestion hath beene against all reason accused thereof concerning his estate and name , for which offence hee hath seised and stayed some of the cattells of his adversaries , and that you have consideration how that hee hath payd his companions out of his proper goods for their wages , and that you will be pleased for gods sake and piety also to ordaine for him , that by your discreet noblenesse , hee may recover his estate and goods . item the said william weston sheweth how the first day , when the enemies came before ardee he fled thence to the army at callis , to the captaine there , to pray of him more succour and ayde of men to guard the castle of barwick , and to defend if the enemies had assaulted , and the captaine answered him briefly , that he would not deliver nor lend succour , nor aide at that time , for that he doubted himselfe the enemies would come before the towne of callis . and the lord steward came and read the said schedule in parliament . iohn lord of gomeniz , you have undertaken to the thrice powerfull prince , whom god preserve , lord edward late king of england vnckle of our lord the king that now is , safely to keep to him and his heires kings of england , the towne and castle of ardee without surrendring the same to any , but to the said king and his heires , or by the commandement of him and his heires . have you ( lord of gomeniz ) in time of our lord the king surrendred the same without his commandement , to the detriment of him and ●is crowne , and of the estate of his realme of england agai●st your undertaking aforesai● ? what say you to it ? whereupon the said iohn answer●th , that the said towne and c●stle of ardee was so feeble , that hee could not well keepe it against so great power of the enemies , which were readie to assaile the said towne and castle , and therefore he went forth to intreat with the e●●mies , that he might save the liege men of our lord the king being within that towne and castle of ardee , without that that he at any time tooke any thing for the surrender of the said towne and castle of ardee . whereupon one geffery of argentine knight , said in full parliament to the said iohn , that he the said geffery was at that time in the said town and company with the said iohn , and that the town and castle of ardee were not at any time delivered by his assent , but that he was ready to stay & come upon the safe guard thereof , and this the said geffery affirmed . and moreover it was demanded of the said iohn if hee had any other thing to say ? and hee answered no : whereupon the constable was charged with the safe keeping of the said iohn and william , untill the morning of the next day ; and then to bring them againe safely before the said lords in the said parliame●t at the place and day afo●esaid . at which day ( that is to say ) the eight and twentieth day of november , in the yeare aforesaid , w●re the said iohn and william brought againe in full parliament , and there it was shewed severally by the s●id steward at the same day , by commandement of the lords aforesaid , how upon the answers which the said iohn and william have given in the said parliament , ( as before mentioned ) to the lords of the said parliament , viz. the king of castile and of leon , and the duke of lancaster ; edmond earle of march , richard earle of arundell : thomas earle of warwick , hugh earle of stafford , william earle of suffolke , william earle of salislbury , henry earle of northumberland , iohn lord nevill , roger lord clifford ; and many other lords , barons , and baronets being assembled in the said parliament , to advise at the time when the said answers were given in parliament , the friday even at the howe● of three a clock , of the matters touching the answers aforesaid , and viewing and examining diligently the said answers , and other articles concerning that businesse . and upon good and mature deliberation and information , given of the most valiant and discreet knights , and òthers being in the said parliament , it was said in manner as followeth , to the said william by the steward reciting the things aforesaid , touching the said william . it seemed to the lords aforesaid , that you william without ●uresse or default of victualls , have wickedly delivered , and surrendered to the enemies of our lord the king for your owne lucre , contrary to all plea of right or reason , and against your liegeance and undertaking according to an information in such case : which me●tioneth whereas the late baron of graystock , who was a lord and one of the peeres of the realme , had taken upon him safely to keepe to the aforesaid king , the towne of barwick : presently after the said king prepared himselfe to travell to the kingdome of francè ; the said baron without the kings commandement , left the said towne of barwick , and a valiant esquire robert ogle as lievtenant of the said baron , who safely should keepe the said town of barwicke to the king . and the said baron went a● a horseman to the parts of france to the said king , and there stayed in his company , surmizing that an assault of warre was made at the said towne of barwick by the scots . and the said robert as lievtenant of the said baron , defended forcibly there , and at last by their assaults the said towne was taken , and the s●id robert and two of the sonnes of the said robert were slaine , he being in the company of the king in the parts of france : and it was said that it was adjudged by the advise of the said king in the parts of france ; & the said dukes , nobles , and earles t●g●ther with henry duke of lancaster , the earles of northumberland , and stafford , and sir vvalter maney , that the s●id towne was lost in default of the said baron . and for that cause hee had iudgement of life and member , and that he ought to forfeit all that hee had , and iudgement was rendered in these words by the commandement of the king , which things also considered , for that you william have surrendered the castle of barwick to the enemies of our lord the king aforesaid ; without duresse or default of victuall against your alleageance , and undertaking aforesaid , the lords aforenamed sitting in full parliament adjudge you to death , and that you be drawne and hanged , but for that that our lord the king is not yet informed of the manner of this iudgement , the execution thereof shall be put in writing untill the king bee informed : wherefore it is commanded to the said constable safely to keepe the said william , untill he hath other commandement from our lord the king . and as touching the said iohn lord of gomeniz touching the answers aforesaid . it was shewed there by the said steward , how the said lords were assembled , and advised of the said answers as before said . moreover it was shewed how that at the time , that sir ralph ferrars knight had the keeping of the towne and castle of ardee , the said towne was not so strong by the one halfe , as it was at the time when the said iohn surrendered the same , and the said ralph did put himselfe in perill for the safeguard thereof , and forthwith the said ralph did hold , and forcibly defend the same against a very great and forcible assault , and other evidences concerning the said iohn in this behalfe were delivered , ( as followeth ) to the said john being in parliament , by the said steward , reciting all the matters aforesaid touching the forementioned iudgement of the said baron and the cause thereof in manner as before , it seemeth to the lords before named sitting in full parliament , considering your answers in this behalfe , and your examinations , and informations therein , that lately amongst the number of gentlemen , by whom you have strongly undertaken safely to keepe the said towne and castle with twenti● men of armes , and twenty archers you were sent to the said towne and castle of ardee in the afforcement thereof , according to your requ●st thereof made to certain lords , being sent in message to callis under our late king edward , and at such time also as you were advised by the king of castile , that if you could not wel● keepe it , you ought in no sort to take upon you to keepe the same , and there were that would have undertaken the safe keeping thereof to the said king edward and his heires , and you have undertaken safely to guard the same with no surrender to any , but in manner as aforesaid , and now have you iohn , without duresse or default of victualls or of artillery , or of other things necessary for the defence of the said townes and castles of ardee . without commandement of our lord the king , wickedly delivered and surrendered it to the enemies of our lord the king , by your owne default against all plea of right or reason ; and against your undertaking aforesaid , the lords aforesaid in full parliament adjudge you to death ; and for that you were a gentlemen & banneret , and have served the late king edward in his warres , and have not proved a leige man to our lord the king , you shall be beheaded without having other iustice . and for that also our lord the king is not yet informed of the manner of this iudgement , the execution thereof shall be respited untill our lord the king shall be informed thereof , where it is commanded to the aforesaid constable safely to keepe the said iohn , untill he hath other commandement from our lord the king . and it is to be remembred that geffery martyn clerke of the crowne , was named in this record , and delivered the same there in writing in this present roll , by his own proper hand . ex. rot. parliamen . . e. . m. . n. , . &c. william latimer of the county of dorset preferred a petition in this parliament , in manner as followeth . to our lord the king and his cou●cell sheweth william latimer of the county of dorset , that whereas ou● lord the king otherwhiles in the pestilence granted to the bishop of salisbury , the wardship of the mannor of dentish , and devillish , in the said county being in his hands , by the minority of robert son and heire of robert latimer knight , together with the marriage of the said robert the son , being then of the age of sixe yeeres for a certaine summe of money to him payed : which estate the said william latimer hath held , untill master iohn lee then steward , by procurement of thomas delaber , sent one richard inworth serjeant at armes in dorset , to the said william latimer , to bring him to london in safeguard as prisoner with the intent aforesaid ; that is to say the monday next before the feast of the nativity of saint iohn the baptist , in the yeare of our lord the king that now is the nine and thirtieth , and the said serjeant also performed the same , and the said master iohn lee did charge , and command the said william in the kings name , that he should not goe out of town upon paine of a hundred marks , untill he had surrendered the body of the said heire , contrary to the patent of the king , to the said mr. iohn lee , and outed the said william of his charter , and moreover made a deed of release , whereupon the said master iohn lee comma●●●● to hold all the lands , and tenements aforesaid , untill the feast of st. michael then next ensuing , for a certain summe of money , and then the said master iohn lee leased to the said william , the wardship of the said mannor of devillish rendring forty pounds per annum , whereof he was seised as prochein amy of the infant , viz. pulchrain helto , whitechurch , oxford , & staket , & let the same to the said william , and to divers other persons at his will , by such duresse , imprisonment and arresting the said william to the great mischiefe , grievous dammages and losses , to the great wrong of his simple estate , wherof hee prayeth remedy . to the points of which petition the said iohn lee answereth , and saith , that because that the mannors , lands , and t●nements of inheritance there comprised in the said petition , were wickedly extended by the escheator , and leased out of the kings hand at too small a value , to the great dammage and deceit of the king , he caused the same mannors , lands and tenements , to be resumed into the kings hands , the wardship of which mannors , and the marriage of which said heire the king had committed to him . and likewise the said iohn lee was put to answer before the lords , of the affaires in such time as hee was steward of the kings houshold , for that he had attaiched divers gentlemen by their bodies , some by serjeants of armes , and some by other wayes ; as william latimer and others , and caused them to come before himselfe , as before the counsell of the king in places where pleased him , out of any of the kings accustomed places , to answer to divers things , whereof the recognizances ought to appertaine to the courts of the king . item it was debated concerning his authority of stewardship , that he within the verge had attaiched divers gentlemen of the verge , as iohn goddard , and others to answer in the marshallsea of things done out of the verge , and caused some men to be apprehended , and sent to the tower of london of his owne authority , without commandement of the king or his councell . it was likewise debated , that hugh lavenham had appealed certaine gentlemen of felony , and that before the kings iustices at newgate , and divers gentlemen arraigned at his suit , whereof some put themselves upon the country , and some defended themselves by their bodies , and stayed in prison as the law demanded , and that an appeallee of murder was let goe at large , by commandement of the said john lee against the law , and command of the iustices , and that hee tooke the said hugh by his owne authority and let him goe at large , and some that were not appeallees in roll of the crowne , at the suggestion of the said hugh were taken and imprisoned , as if they had beene appeallees . it was also affirmed that whereas the said iohn lee was sworne to the king , and his councell ; he did bargaine with master nicholas lovaine , concerning the wardship of the mannor of reinham in kent , being then in the hand of the said nicholas by the under age of the sonne , and heire of iohn stanton as appeared by certaine evidences , as well by letters patents under the kings great seale , as others which the said iohn had in his keeping , that very plainely , the said mannor was holden of our lord the king in chiefe , as of his castle of dover and fort , that the wardship thereof appertained to the king , to the great dammage and deceit of the king against his oath . of which points and articles , hee cannot duely and suffici●ntly excuse himselfe by the law , and therefore was the said iohn commanded to the tower of london , and there to stay as a prisoner , till he had made fine and ransome to the king according to his will , and it was commanded to master allen buxall constable of the tower ; that he take safe keeping of him , and so departed the prelates , dukes , earles , and barons , and afterwards by the commandement of the king , the said iohn was caused to come guarded from the tower to westminster , before the great councell , and at other times examined upon the points of the petition ; the ●ad willi●m latimer answered and said : tha● our lord the king had committed the wardship of the mannors , lan●s and tenements of the said heire , untill the age of the said heire together with the marriage of the said heire ; and as intirely hee would render it into the kings hands and then before the said councell it was agreed and assented by them : that the said mannors , lands and tenements , and the body of the heire aforesaid ought to be released in the kings hand , and delivered to the said william latimer , to hold as hee held of the said bishop untill the full age of the said heire , doing to the king in manner as it was before the said iohn surrendered the same ; and that the letters patents of the king made to the said bishop , of the same ward and marriage , and the letters of the said bishop of the same ward , and marriage made to the said william ; and surrendered to the said iohn by the said william by durity and menaces , bee fully restored to the said william , and that the enrolment of the release to the said iohn by the said william of the same ward , and marriage , also by durity and threatning made as by the said william in the exchequer , be cancelled voyde and holden for nought for ever , saving all times to the king his right in time to come . ex. rot. parl. . e. . mem. . num . . first , the said richard lions merchant of london , was impeached and accus●d by the said commons , of many deceits , ( extortions , and other evill deeds commited by him , against our lord the king , and his people , as well in the time that he had beene belonging to the house and councell of the king as otherwise , during the time that he was farmor of the subsedies , and customes of the king . and more especially for that the said richard by covin had betweene him , and some of the privie councell of our lord the king for their singular profit , and advantage , had procured and gotten many patents , and writs of licence to be made to carry great faith and credit . whereby skins , wools , and other merchandises were transported other where then to the stap●e of callis , against the ordinances an● defences made in that behalfe , concerning the same before time in parliament . and for that he had imposed and procured to bee put upon wools , skins , leather , and other merchandises , certaine new impositions without assent of parliament , and those impositions and taxes without permission of the king , or of the high treasurer of the realme , having not medlage therewith , and it was said how hee uncertainly tooke ten shillings in one parcell : and twelve pence in another parcell of every sack , &c. which mounted to a very great summe throughout all the time that hee had beene receiver , or treasurer : and likewise of another new imposition of foure pence by him made , and put upon every pound of money upon the lumbards , and other merchants for a discharge by his owne proper authority , and without warrant and assent in parliament , or otherwise , and the same imposition of foure pence the pound , contrary to piety collected and kept as to the use of our lord the king , whereof hee payed nothing . and also of divers loanes made to the use of the king without cause necessary , and more especially of one loane which he newly had at london , of twenty thousand markes , where our lord the king was bound to pay . markes , and that by the counsell of the said richard , and others in the kings court , who have covenanted with the receivers to have part of the gaine , and to be parties secretly to the said loane : the said richard taketh the said money , and afterwards gaineth by way of vsury of the king his lord , ( of whose councell hee was before ) a great quantity of money in great dammage and deceit to the king , and also many other extortions thro●ghout the realme , and so demeaned himselfe against his councell , treasurer and receiver , concerning the new impositions as otherwise , taking upon him in all the said matters the royall power which was horrible to rehearse . and also for that our lord the king had beene debtor of record to divers gentlemen , of many great summes of money ; so had the said richard by the assent of other privie complices in the kings court , of the said covin , caused many such accounts to be bargained , and compounded sometimes for the tenth penny , and sometimes for the twentieth , or a hundreth penny , and hath procured the king to pay the debts intire , and so by such his subtilties , and for his singular profits as well our lord the king as the said debts , are wickedly abused : and more especially the prior of saint john of ierusalem in england , to whom the king was debtor of a certaine summe , and the said richard hath had twenty foure marks thereof for broakage , to cause the said prior to have payment of the remnant : and another time of the lord steward to whom the king was also a debtor , and the said richard hath had of him by the same manner another great , summe of money , and so of many others in great deceit , slander , and villany to the king and his court . whereunto the said richard present in parliament , saith , that as to all the said loane made to the king of the twenty markes aforesaid , hee is altogether without other fault , and further saith , that he at no time had profit or gaine , nor tooke any thing at all of the loane aforesaid nor of the said money , nor in other things , and that he was ready to prove by all wayes reasonable when they would demand of him : and as to the said impositions of ten shillings and twelve pence the sack of wooll , &c. & . pence the pound of money , he could not cleerely excuse himselfe that he had not so levied and collected and thereof taken money his part , that is to say , . pence of every sack of wooll , &c. but that was ( hee said ) at the commandement of our lord the king , & at the prayer and assent of the merchants , who demanded such licence , and as to the remnants of these impositions he had wholy delivered them to the receiver of the kings chamber , and accountable is the receiver in the parliament . and the said richard first of all collected the same , having a warrant by which authority he hath before shewed in parliament , under the seale of the king himselfe and his councell so to doe , and thereupon were witnesses produced in parliament , that our lord the king had expressed a day for the same . and some lords there present in parliament were , that knew not how or in what manner he was become in such office under the king , ( and what is more ) that the king knew him not for his officer , and that amongst other articles , the said richard made no answer , wherefore the said richard was awarded to prison during the kings pleasure , and distrained to fine and ransome according to the quantity of his trespasse , and that he loose his freedome of the city of london , and bee no more in office under the king , nor approach to the kings court or councell , and thereupon another time the said richard was sent before the lords of parliament , where it was said to him that it seemed to the lords that his offences were so great and horrible , that hee had not sufficient wherewith to make satisfaction , and forthwith the said richard submitted himselfe into the favour of the king , his body , his lands , tenements , goods and chattells , and willed and granted that his body goods and chattells should bee at the kings will to give , and as to the extortions done by the said richard , or his deputies from the time that hee was farmer of the subsedies , or customes as beforesaid , it is ordained in parliament that good inquiry bee made by sufficient gentlemen in all the ports of england . ibidem n. . item william lord latimer was impeached and accused by the vote of the said earles of deceits , extorsions , g●ievances and other mischiefs by him , and others of his faction and covin , during the time he stayed as well under our lord the king in brittaine , when he was in office with the king , as otherwise in england the time that he was chamberlaine , and of the privie councell o● the same our lord the king . first of all concerning that when the said l. lat. had bin long captain of becherell . and officer of the late king edward in brittaine , if before or during the peace or truce it was committed . and thereupon it was proclaimed and published under the king through brittaine that no english man , nor other forreigner shall take wines , victualls nor other things of any persons , towns , castles nor of others , except they pay presently for them nor shall they take or ransome any person , town , fortresse or other place , upon paine of what they may forfeit , notwithstanding all which the said lord latimer , and his lievtenants and officers caused to be taken by wrong and violence , of diverse gentlemen of the countrey , much wines and victuals to a great value , without paying any thing , and likewise ransomed many by oaths , and in taking and receiving ransoms unto the summe of millions , and thousand pounds : whereof our lord the king enjoyed nothing , to the great dammage and villany of the king and oppression of his people and the said parts , and against the proclamation and defence aforesaid , as in a letter made and sealed with the seales of many lords of brittaine cal●ed ragman and sent into england to our lord the king aforesaid more at large appeared , but the said ragman could not be found in any sort , nor any man knew how to say in truth , what become of it , and yet he at another time was accused thereof , that he had taken at becherell and plimoyson , from thence unduly l. w. of gold , whereof the king had never any part nor any restitution made thereof , and the parties from whom those summes were taken , preferred a bill in parliament in forme as followeth . it is to is to bee remembered that the proofes of parties that were ransomed at becherell and plymoison during the time of truce , have paid so much to master john , port-constable of bech●rell for the lord latimer , and to william his sonne , and to hugh middleton receiver of the said town or to the lord latimer departed out of brittaine . the yearly summe franks . and likewise the said constables william and hugh , have received of the ransomes of such as were wont to bee ransomed during the warre more moneys than would have well payd all the souldiers of the said town . the summe franks . and likewise the said countrey of brittaine have paied to the said constables william and hugh , for the death of divers gentlemen liege men of our lord the king that were killed upon the land of britt●ine . the summe franks . and likewise the said constable , and william his son gathered upon the countrey of brittaine , to send monsieur gakes from plimouth dates to england . the summe franks . and likewise the said william for that he lost marks in the isle of garnesey , in a ship , put a fane and ransome upon the said becherell . the summe franks . and likewise robert ravenstons boy , had stollen stollen a h●lf salt-seller of silver , and therefore the land of brittaine was ransomed . the summe franks . and likewise the said constables william and hugh receivers of the said town , had received divers times for victuals sold as salt , wine , beefe and other commodities , to the summe of franks , to the great losse of your poore liege-men , and to the town of becherell . for by these extortions which they had borne and sustained by the horrible necessity of the poore people , and likewise of the gentlemen , was the said town lost . wherefore they beseech our lord the king and his councell , to cause the said constables william and hugh to come and answer the aforesaid receits , so that our lord the king may be served of that which belongeth to him , and that your poore liege-men that were in the defence of the said town may be paid , their wages for the time that they were in the said town , if so it be your pleasure . and likewise the said lord latimer was impeached by the commons of divers loanes , made to the use of the king without cause necessary , to the great losse and and grievous dammage of the king , and more especially of a loane that was made of late to the use of the king , by the counsell of the lord latimer , richard lions and others of his covin of thousand markes , where our lord the king was obliged to his creditors in the said case to pay again thousand marks , and that was done by covin of the said lord latimer , and others that were privy with the said creditors , to have part of the said gaine , and to be parties to the said deed , or without answering the said loanes ; for it was furnished in speciall , that the said money was the kings own , taken out of his chamber or treasury , and also the proper money of the said lord latimer and richard lions , who appeared as if oppressed by the said loane , and also for that by like covin between him and the said rich. lions for their singular profit & gaine he had procured and counselled our l. the king to grant many licences by patents and writs , to cause a great quantity of wools skins , and leather and other things , to be carried to parts beyond the sea , other then to callis , against the ordinances and defences made before time , in that behalfe , to the destruction of the staple of callis and of the moneyage there , to the great dammage of the king , and of the realme of england , and hurt of the town of callis ; and likewise that by such covin done betweene him and the said richard lions for their singular profit , he had caus●d to be put upon the wools , skins , leather and other marchandises of the staple , divers new impositions . that is to say of every sack of wooll passing other where than to callis , by such licence s. more against the statutes and ordinances thereof made , and also for that by his singular profit and ill government betweene our lord the king and his realme , they have had and suffered many other grievances , losses , dammages , and villanies without number , as the losse of the towne of s. saviour in normandy , & of the said place of becherell , and of other fortresses which might have been well saved and kept , if the king had been well counselled . and also concerning certaine spies and other felons taken and imprisoned by the king , and after delivered by the lord latimer , of his own proper authority , without the knowledge or pleasure of the king , taking upon him , and incroaching notoriously in doing these things upon the royall power . whereunto the said lord latimer then present in parliament said : that saving to him what ought to be saved to him ; as to one of the peers of the realme , as well in giving of judgement as otherwayes in time to come , if please our lord the king , and the lords assembled , he might be put to answer to him , which in especiall would accuse him of any of the matters aforesaid , and afterwards for that no especiall person would openly accuse the said lord of the same things in parliament , whereof the commons would maintain the said accusations against the said lord latimer , in accusation of his person and declaration of his fame , he said , that true it was , that hee was captain of becherell and that such a peace was made in brittaine under the king , and that an inquiry was made and put in writing & ●ealed with many seales of the lords of brittaine , and sent to our lord the king in england , which enquest is there called ragman , but he saith that this enquest was made by the brittons and french , which would not have our lord the king , nor any englishman for their governor , and falsly to have destroyed the said lord , and he saith now ( as other times he hath said ) to our lord the king when he was in like manner impeached thereof before the king himselfe , that all the profits , which he at any time received by himselfe or otherwise in brittaine , passed not in all things the summe of l. accounted in the same summe of l. all the profits which he received for the ransome of viscount of roane and of other prisoners which he tooke at the battaile of crey and this he is ready to prove by all reasonable wayes that one of his estate and degree ought to do , and he saith , that it seemeth by the law of nations , that the said ragman is not to be allowed and that it was done by the enemies of the king and realme , ( as aforesaid ) and likewise made out of the realme , and that therefore all men ought not to hold him of the lesse credit or reputation . and soon after the commons having this answer of submission prayed the lords of parliament in behalfe of the king , that the l. execution be had forthwith against the said lord latimer , as of a thing past by the said submission thereof as he had knowledged at another time , when he was impeached thereof , and that the said submission be made by him , as it ought to be , nor that any remonstrance or agreement be made to the king , nor pardon , nor other thing gotten , by which he may be discharged . and the lords answered , that the said answer should be reported to our lord the king , and thereupon right shall be done for the king and as to the said bill preferred afore in parliment concerning such men as he made his deputies or lievtenants at becherel and plimoyson , the said lord latimer faith , that hee is altogether innocent and without blame , even at the time that the said ragman was so made and sent to our lord the king . and the lords answered thereunto , that they would take advice of the kings councell , and thereupon right should be done on every part . as to the loanes made to the use of our lord the king without necessary cause , he answereth and saith , that he knew of none without cause very necessary and greatly behoovefull . and to that , that the intent is submitted to be false covin or other disloyalty for profit , or to have part , he saith , that he is altogether innocent and not guilty , and that he never delivered nor tooke any money or other thing of the king , nor of any other to make the said pretended loane and that he was ready to prove by all wayes that a man ought to do . and as to the patents and writs made and granted for the passing of woolls , skins , leather , &c. otherwhere than to the staple of callis , he saith , that those licences were commenced before his time , with the king as well at genoa and venice , as other where , and further saith , that if nothing thereof had been done till his time , the same ha● not been done , nor was persued by his counsell only but by him with others , and that the●e accrewed thereby by vertue of the kings grant , great profit to the king , whereof he was answered in his chamber . and as to the new impositions , the same were never put upon the woolls , skins , and leather by him of late , nor upon the countrey in any part , but only the subsidies thereof granted in parliament , and that at the instance and prayer of those who demanded such licences , which payed voluntary and without any compulsion s. the sack , that is to say , s. to the use of the king , and the d. to the use of the clerks writing and persuing the s●id licences , which moneys he hath not yet put in certain ; and further saith , that he took nothi●g therof to his own profit by himselfe nor any other , and that he is ready to prove by all reasonable ways and thereupon it was witnessed in parliament by m. richard s●roope chancellor . late treasurer of our l. the king , that wil. walworth of london in time when the said loane was made to the king of the said thousand marks , the said wil. walworth profered in behalfe of himsel●e and his companions marchants of the said staple of callis , to the lord latimer to make a loane to our lord the king of l without repaying any thing for increase by usury or otherwise by covenant so that they might be repayed the said thousand pounds in their proper hands of the subsidies due to the king , of their wooll , &c. then next to be passed to callis , and that the king should covenant and grant that no such licences shall be henceforth granted to carry woolls , &c. out of the kingdom , further then the staple of callis . to which the said lord latimer answers and saith , that he had no such proffer of them and the other affirming the contrary , wondered that the said wil. walworth should make such a profer . and as to the losse of the said townes and forts , and the deliverance of some spies or felons so imprisoned the said lord also saith that he is not guilty and that he will prove & avow by all reasonable ways that he ought to do . and therupon many other words and reasons shewen and pleas as well in fu●l parliament as otherwise before the prelates and lords only as well for the part of our lord the king , as for the part of the said lord latimer , and many examinations in print as well as otherwise , aft●r full deliberation thereof had , iudgement was rendered in parliament against the said l. latimer in these words that follow . for that the said lord latimer is found in full parliament in default by his singular government and counse●l against the profit of the king and his realm . that is to say , of divers loa●es procured unto the kings losse without necessary cause , and also of patent● made in destruction of the staple of callis , and als● of divers impositions put upon woolls against the statute of parliament in that behalfe lately made , he is awarded by the prelates and lords in full parliament to prison , to be kept in ward of the ma●shall , and to make ra●som at the kings will , whereupon the said commons beseech the king for that he is found in such defaults by his singular counsels , he being in all offices of the king and especially one of the kings privy counsell throughout all that time it was requested that the king would bee pleased to grant that the said lord might go under baile , whereupon the king willed and granted that the said lord latimer should find in parliament certain prelates , lords and others during the parliament to have his body before the king and the lords to answer further to the articles wherof he was ●o arrested under a certain paine and forme comprised in a schedule annexed . and under such surety , the marshall of england let him go at liberty . ibidem n. . item will●am ellis of great jermouth , is impeached and accused in this present parliament in divers manners first , viz. by the surmise of the commons made to him , that the said william whilest he was farmer to our lord the king of his pety customes in the port of great jermouth , and deputy of richard lions farmour of the subsidies of d. the pound , granted by our lord the king of all marchandizes passing out of the kingdome , and entring in the same for the safeguard of the sea , and of the marchants passing by sea , and of their marchandize , he did take by him and his servants , as well english as of strangers in the said ports and members thereof , by way of extortion , by colour of his said offices , many great summes of money , and otherwise that he ought not to have done , in great prejudice , slaunder of the king , and dammage of the said realme , and to the oppression and wrong of the marchants aforesaid . and the said william ellis present in parliament , saith , that true it is , that he is one of the farmours of the said pety customes of the marchants passing and comming , saving the purport of the commissions thereof made , without that that he tooke the same , or caused any thing to be taken by extortion , more than was clearely due to the king , and that hee was ready to prove to the king : by whatsoever way way hee ought to do , and the commons replying said , that the said william confessed to them in the common assembly in the chapter house within the abbey of westminster the day before , that he had received the said l. & prayed that against his owne ackowledgement so openly and before so many persons he might not at other times be received to say the contrary . and therupon the said commons brought in parliament john botild & willi . cooper of leiwstoft and two others that affirmed they had payed to the said william ellis by the said marchan● of scotland , the said ● l. for full inform●tio● of the matter aforesaid , which john and william cooper being thereof examined in pa●liament acknowledged that t●ey were obliged to our lord the king and to the said william ellis by their obligations or letters obligatory in the said pounds together with the said scot , which was their hoast , and payed at a certaine day for the said subsidy of d. the pound due of all the marchandizes in the said ship and the truth was that the said scot discharged nothing of all the matters aforesaid , at the day of payment , but that they payed to the said william ellis the l. and therupon the said commons prayed iudgment upon the same said william ellis who said , that although that he had received the said pounds of john botild , and of the other aforesaid be received it not but as supposing the same a gift , and that without c●ndition , and that as often as concerning the ●ame hee should have a writ or other commandement of our lord the king he would make deliverance thereof , which otherwise he would not do voluntarily . item , afterwards the said john botild and william cooper did put in the bils in form which followeth . to our thrice doughty lord the king and to his sage councell , sheweth john botild of lewistoft that the munday next after the ascension of our lord , in the yeare of the raigne of our lord the king that now is , the nine and fortieth that there was chased by tempest in kirke la rode , one cockboat of gotham in pruse , whereof the masters name was henry luce charged with divers marchandizes of the marchants of pruse , that is ●o say , freeze , and other marchandizes . and the same day william savage clerke and servant to wil. ellis , by commandement of the said william ellis , tooke of the said cockboat for the marchandizes ( neither discharged the same from paying custome then ) nobles and a last of leather , the price of the last pounds s. at lewistoft before the boat went out of kirke la rode , to the great danger of the said marchants . and because that the said william ellis knew that wil. cooper would come to this parliament and shew this grievance & others in aid of the marchants , and also set forth how the great charter huc . ang. might be amended in aid of the whole realm , the said wil. by his false suggestion , caused the said wil. cooper to be arrested and cast in prison , for the space of weeks : may it please our thrice doubty l. the king & his sage councell , to make remedy thereof in worke of charity . which billes passed in absence of the said wil. ellis , he saith , that as to the said nobles and skins , called leather , he could not sweare for him , nor for any of the said marchants of pruse , nor other whatsoever , and the said john botild and wil. cooper affirming the contrary ; at last it was said by the lords in parliament , that those billes touching the entry of the leather , were now in the kings bench for triall . and as to the said imprisonment , the said william ellis saith , for that he was warned in cōming to london by many sufficient persons , that the said john , & wil. cooper , with other persons of lewist . did lie in wait for the person of the said wil. ellis at wickham market in suffolke and going there in the high way of gerneith from london , at such time as the said w. was going towards london , carrying with him a great summ of the k. money of the customes & subsidies aforesaid , and for that the said w. ellis is awarded to prison to make fine & ransom to our said l. the k. & it is awarded to either of the said iohn and william cooper twentie pounds for their dammages , and dispences during their said imprisonment , had and suffered . also it is awarded that the said commissions be made to sufficient gentlemen , to enquire of william ellis , and of all others deputies of the said richard lyons throughout the realme . parl. anno . r. . n. . & . item william fitz-hugh goldsmith of london preferred his bill in parliament , in form as followeth : to our thrice excellent & thrice noble lord the k. and to his thrice honourable and thrice sage councell shewen the poore commons of the mysterie , and company of goldsmiths in the city of london : that iohn chichester , iohn botesham , and many other gentlemen , and ric● goldsmiths of that mystery in the same city , by their compassing and subtill devising deceitfully have caused many of the said company to enseale severally divers obligations , and those who refused so to doe were taken and imprisoned and in danger of death by many grievous threatnings of the said goldsmiths , who had sealed severally divers obligations as their poore companions had done before , to cause that the said poore goldsmiths should not buy , nor sell to any merchant cutteller , ieweller , vphoulster , nor to any other forraigner nor denizen , any goods of their working except they sold the same at a treble value , and that none of them should carry gilt , nor any other thing of gold or silver to any ladie or other person to make profit thereof , and if they did that the paine comprised in the said obligations should incurre upon them , as before the major sheriffe and aldermen of the s●id citie , as by the confessions of the said rich goldsmiths it was proved , wherupon it was unreasonably debated , so that it was put by good mediation and advice to the said maior , and many of the aldermen of the city : the said rich and poore goldsmiths put themselves in arbitrement of three good men , for a finall accord of all the debates and quarrells betweene themselves , which arbitrators assented upon certaine points rehearsed to the parties aforesaid , and ordained the same points to be affirmed and inrolled in the parliament for ever , and thereupon the said parties were released . but notwithstanding this agreement the said rich goldsmiths would not assent , nor suffer that the s●id points bee inrolled and holden as the said arbitrators adjudged : and furthermore by their procurement many mischiefs doe from day to day arise to the wrong of the said poore commoners so farre as they are like to be undone ( which god defend ) and have purchased likewise a new charter against the said agreement , to the great decay and hurt of the said poore commons : may it please you ( thrice gracious lords ) to ordaine and command that the said accord b●e affirmed , and holden finally for good , and that the said charter and other things , tending to the prejudice and losse of the said poore goldsmiths , bee made voide for gods sake and in the worke of charity . and thereupon the said iohn chichester and iohn botesham , and many other goldsmi●hs of london came i● parliament , and havi●g heard the said bill , it was forthwith demanded of the said william fitz-hugh , if hee would maintaine the said bill , and finde pledge to doe , and answer that which the law demandeth , who said that he would doe so , but af●erwards he could not bring in his surety , nor pleadge to answer the said bill , so was the said william fitz hugh commanded to the tower by the award of the lords in parliament . ibidem anno . item the said . day of decemb : during yet this present parliament . alice ●ierce was caused to come in the same parliament before the prelates and lords , for to answer certaine matters , which by letters should bee surmised against her in the kings name , and thereupon by commandement of the prelates and lords of the said parliament , master richard scroope treasurer , steward of the house of our lord the king rehearsed in parliament , in the presence of the said alice , an ordinance made in parliament holden at westminster ; the monday next after the feast of saint george , the yeare of the reigne of the king vnckle of our lord the king that now is , the . in these words , for that complaint is made to the king that many women have persued in the courts of the king , divers businesses and quarrells by way of maintenance , and to have a share : which thing displeaseth the king to defend , and that h●nceforth no woman shall doe so ; and more especially alice pierce upon paine of whatsoever the said alice may forfeit , and to be banished out of the realme , and after this rehearsall made the said steward surmised to the said alice ; that it seemed to the lords of parliament that she had incurred the paine comprised in the said ordinance , and had forfeited against the said ordinances in certaine points , and more especially in two , viz. that she stayed master nicholas dagworth chancellour , when he was ordayned by the councell of the late king to goe into ireland , for certaine urgent businesses which should have beene profitable to our late king , and his realme ; the said alice after the said ordinance made as aforesaid , perswaded the said king in his court at havering , that at her singular persuit and procurement , the said nicholas was countermanded and his voyage stayed from all that island , to the great dammage of our said late king and his realme . item , that whereas richard lions for misprisions w●ereof he was convicted at the said parliament , holden the said . yeare of our late king edward , submitted himselfe in the parliament into the favour of the said king ( that is to say ) his body , all his lands and tenements , and he gave some of them to the earle of cambridge , and some of them to master thomas woodstock now earle of buckingham , for terme of their lives : the which our late k. after having pitie of the said richard , was willing by the assent of his councell to shew him favour , and to pardon him the imprisonment of his body , and to restore him to certaine of his lands , goods , and chattells aforesaid , which pardon seemed to our late king and his councell t● be a grace sufficient , notwithstanding the said alice so perswaded the said late king in his court at sheene , that by the singular persuit , and procurement of the said alice , our late king edward granted to the said richard , all his lands , goods , tenements and chattels aforesaid , together with the said tenements which hee had given to the said earles for terme of their lives as before said , & amongst the same pardoned the said richard . l. of certaine arrerages due by the said richard in the exchequer , and also granted him a thousand marks of his treasure to bee ●eceived of the said ladie , which persuit and procurement are contrary to the ordinance aforesaid . and the said steward demanded of the said alice how she would excuse her selfe of those articles ? which alice did answer and say , that she was not guilty of those articles , and that she is ready to shew and prove by the testimony of the said master iohn ipr● then steward of the said king edward , & william street then controller of his house allen buxall knight , and nicholas carrein keeper of the privie seale of the said king and others that did then belong to the said king , and afterwards from him to the time supposed , that she committed forfeiture , and that they can discover the truth . and thereupon day is given unto the said alice untill wednesday next , by the pr●lates , and lords of the parliament , and it was ordained and assented that those articles shall be tried by witnesses and by enquest of those that were of the houshold of the late king edward , whereby the truth may better be knowne , and thereupon were certaine persons examined before the earle of march , the earle of arundell , the duke of lancaster , the earle of cambridge , and the earle of warwick ; that is to say first master roger beauchampe late chamberlaine of the said king edward , sworne upon the holy evangelists , and diligently examined touching the countermand of master nicholas dagworth , and upon the other article concerning the said kings pardon , and favour to richard lions , saith upon his oath , that in presence of the ladie alice pierce a bill was delivered to him , which bill he tooke , and after hee had understood that the same contained the calling back of master nicholas dagworth from ireland , for that he was an en●my to master william winsor , to that which the bill supposed he answered , that hee durst not preferr it to the king for that the counsell had ordained the contrary , and the said alice requested him and said that he might safely deliver it to the king , and presently the king demanded of what matter they discoursed , and the said master roger answered of a bill that doth containe such businesse , & forthwith when the king had understood the bill , hee answered that the petition was reasonable , and when master roger replyed the councell had ordained to the contrary , the king answered that he himselfe was agreeing , and that yet it seemed the bill was reasonable , and commanded him that the said master nicholas be caused ●o be called back , which was likewise done , but what day or moneth it was he remembreth not , and as to the matter of richard lions the said mr. roger saith , that he was chamberlaine but an houre , and so knoweth nothing more then he hath said . item master lanc. diligently examined before the committees saith , that he came one day to havering , and found the ladie alice pierce there , and forthwith master roger beauchampe shewed him billa , and after the king understood the matter , hee said thus that it seemed not reason , that one en●mie should bee judge of another , and the said duke answered that hee was come betweene them , but it was so that the said ma●ter nicholas was sent for the profit of the land , and of all the realme ; and therefore it was ordained before the king that the said master nicholas and master william doe come before the councell , and if the said master william could prove any cause for the enmity betweene them ; that then the said master nicholas shall not goe if he well can prove such enmity ; otherwise the ordinance of the councell made in that behalf shall stand in force : to which thing the king did well assent for that time , but forthwith the king was assailed in his chamber by the said ladie alice , and there came in the said duke and prayed the king that he would not suffer in any sort , that the said mr. nicholas bee called back , who answered , that it should bee no otherwise then it was afore ordained before the king , and when hee came in that behalfe to crave a testimoniall favour , hee could not obtaine it , and the next morning when the said duke did his obeysance to the king in his bed . the king himselfe commanded upon his blessing that he suffer not in any manner that the said master nicholas goe into ireland , the ordinance thereof made the day before to the contrary notwithstanding , and likewise the said master nicholas was countermanded , and as to the article of richard lions , hee saith in his conscience that the said alice was principall promotrix of the said businesse : but he was not present when it was done . item master philip de bath sworne , and diligently examined , saith , as to the article of master nicholas dagworth , that he heard not the said dame alice speak to the king of the same matter , but hee heard in the kings house the said ladie alice make a great murmur and say , that it was no reason nor law , that the said master nicholas who was an enemie to the aforesaid master william , should goe into ireland to enquire , and doe iustice against him , and more hee know●s not how to say in this matter . but as to the article of the said richard hee saith , that he was one day at sheene when the said richard was brought before the king , and that he was called into the kings chamber to heare those things that were to be done , and when he understood a little of the matter he would not stay in the chamber ; and further he saith that there were then in the kings chamber , the said lady alice , nicholas currein ; master allen buxall , walter walsham and many others ; & saith that she was in the court ; and that the said lady alice was an aider and friend in the businesse . item nicholas currein sworn as aforesaid : and diligently examined saith , that he was commanded by the king to come to sheer , & there he found rich : lions : which richard and nicholas were commanded to come before the king to his bed , and there they fou●d the lady alice pierce sitting at the side of the bed : and there it was shewen that the king would pardon the said . l. to which he was yet bound to the king , as of the arrerages of his accompt in the exchequer , and also the king would give to the said richard . markes of his treasure , and further would make full restitution of the tenements which had bin given to his sons of cambridge , and woodstock as before said . and thereupon the king commanded the said nicholas to say from him his pleasure to his said s●nnes , but he saith that hee remembreth not i● that matter were showne at that time before t●e king , by relation of any other person , or by the bill of the said richard there read , or otherwise by the said richard himselfe : the said nicholas remembers himselfe very well : that he requested to come before the king , who caused to come from behind ●h● curtaines master allen buxall , and others knights , and bishops which then were there to testifie that which the king had said to the said nicholas in the said commandements and so it was done , and all the commandements of the king were r●hearsed in presence of all those men . and as to the matter of master nicholas dagworth he saith , that he knowes nothing but that master roger beauchampe sent him to countermand the said master nicholas . item master allen buxall sworne in like manner , and diligently examined saith , that one day at sheen after the last parliament he was called to the king , where hee found the lady alice pierce , nicholas currein , and many other knights , & esquires which came with him , and there it was rehearsed by the said nicholas , how the king had shewed favour to richard lions of his tenements , which were holden by the earle of cambridge , and master thomas of woo●stock , and had given him a . marks of his treasury : and as to that which was don , the said dame alice pierce prayed the same mr. allen , that hee would declare to the said earles the kings will , & his chargings upon the blessing of their father , to cease to extend the tenements of ma●ter allen , and that they doe it voluntarily if the king commanded them to doe so . and forthwith at the instance of the said alice the king commanded , and it was also done . and as to the article of master nicholas dagworth he saith , that he knoweth nothing but that hee heard the said lady alice say many tim●s , that it is not reason nor law that the said mr. nicholas who was enemy to master william windsor , should bee sent into ireland to make inquisition of him or against him . item , will : street late controller of the kings house , sworne in like manner , and diligently examined saith , that he was one day at havering , when william●f yorke spake to the k. of william windsor , in presence of the lady alice pierce for to disturb the passage of master ni●holas , and the said lady alice said , that it ●as not reason that one enemy shoul● bee iudge of another , and moreover the said william stre●t saith in his consci●nce , that the said lad●alice was principall and motrix of the said cause , as he verily beleeves . and as to the article of richard lions he knowes nothing before it was all finished . item , john beverill sworne in like manner and diligently examined saith , that he heard not at any time the said lady alice speake to the king concerning neither the one article nor the other , and that she kept her selfe well from him , that she spake nothing in his presence , but hee thinks in his conscience that she was the promotrix in the said businesse , for hee knowes no other which could have followed that matter , and notwithstanding they were caused to come before the said duke , and the said earles , mr. robert beauchampe , master allen buxall , master iohn burle , mr. philip de la page , mr. iohn foxley , and thomas barre knight , nich : currein , iohn beauchampe of holt , john beverly , george felborough , john salisbury , william street , pierce cornewall , thomas lurden , lolvin legat esquires of the house of the said late king edward : which doe say upon their oathes that the said alice was principall promotrix to the said king , at his court a●havering , about the feast of all saints in the . yeare of his reigne concerning that article , touching the revocation of the said nicholas dagworth , and for that she was committed . item as to the article touching richard lions , they know well that the said alice was well willing , councelling and aiding to the said busines prevailing with the said king at shee● in the moneth of may last past , and for that she is found guilty in the same impeachment , and the lords of parliament , that were at parliament when the said ordinance was made , remember , that their intention was witnessed , and bearing the force of a statute , and by the generall words ( whatsoever the said alice may forfeit ) extend as well to the forfeiture of lands and tenements as goods and chattells and all other possessions considering the dammages and villanies by her done to the king and to the realme for that it was in effect to restraine , and punish the said lady alice only ( wherefore it is awarded in this present parliament , that the said ordinance have the force and effect according to the intent aforesaid , that she be banished out of the realm , and her lands and chattels , tenements and possessions as well in demeane , as in reversion be forfeited to the king , and seised into his hand and it is the intention of the king , and of the lords , & of the ordinances assented to in the same parliament , that all the lands whereof she hath taken the profit , or bargained to her own profit be forfeited , because of the fraud which may bee presumed in which shee is most abounding , for which c●use the same sh●ll 〈◊〉 ●or●eited to the king , and seised as the o●her lands . and it is the intention of the king and of the lords , that this o●dinance and award made by the king for such odious things in this especiall case , which may extend to a thousand other persons shall in no other case but this bee taken in example . likewise it is ordained and assented , that notwithstanding the said forfeiture if she purchased any lands or possessions by fo●ce or dures ; bee it by fine or by deed in pais or deed inrolled , or otherwise , that the purchase bee holden for nothing , and that the parties which perceiv themselves aggrieved may have remedy by processe in chancery , and by advice of the grandies of the councell right shall bee done to the parties ; and restitution made according to the case demanded , so that the purchases made bona fide be not made voide nor disanulled b● any manner of way . et istud rotulum sic factum ; & scriptum tradidit & libera● it edmundus bradwell clericus de corona &c hoc in parliamento assig . clerico . parliamenti . ex. rot parliam . anno . r. . n . item it is to be understood that the . day of may , there was present , one iohn cavendish of london pri●oner in this parliament before the commons of england , in their assembly in presence of some prelates , and lords temporall there being , and afterwards before all the prelates and lords being in this parliament , and prayed the lords , that for go●s s●ke they would hasten for the peace , and safety of his life that hee may have iufficient surety of the peace of those whe●eof hee complained , and especially demanded surety of the peace of master nicholas de la poole chancellor of england , and this request to him was granted , and thereupon by commandements of the lords aforesaid , the said master nicholas there present found sureties to be peaceable towards the said iohn , that is to say the earle of stafford : and the earle of salisbury : and the said iohn rehearsed how at the last parliament hee had made persuit by one savill against gibbon , mansfield , robert de parry : iohn hawkins , and william horsman to have restitution of certaine goods , and marchandizes of great value left upon the sea , in default of the said gibbon , robert john , and william at the time when he had undertooke the safeguard of the sea ; and of the marchandizes passing and comming from sea , for the time against all enemies out of the power royall , which bill was endorsed in the said parliament he confessed , and acknowledged in the chancery for to discontinue and determine the matter , by composition according to law and reason . and further the said iohn saith , that hee being a fishmonger hath preferred at the same pa●liament his bill , for that a clerk and familiar of the chancellor whose name was iohn otler , undertooke that the said fishmonger should the better have good helpe in his case of the said chancellor before whom his busines depended , who was to do iustice to high and low : which clerk demanded copies of his bills , and demeaned the whole businesse that he delivered to him , which when hee had viewed and understood , he promised that for . pounds to the use of his said lord , and . pounds to his own proper use , hee should have his busines wel● & graciously dispatched by his lord without difficu●●y , & upon this promise the said iohn cavēdish was well agreed , & granted to pay him the said . l. in māner as he should demand the same , but for that he said he had not the sum ready in his hand to pay , he obliged himself voluntarily to make payment well & lawfully at a certain day , & ●o it was done , and afterwards the said fishmonger delivered to the clerk certain quantity of herring , sturgeon , and other fish to the value of . or . marks , to the use and behoofe of the said chancellor , in part of payment of the . l. aforesaid , and . ells of scarlet , which cost him . s. he delivered to the said clerke in part of payment of the said . l. which he promised . and further the said cavendish saith , that although he had don so much and promised to give more to one person and another alwayes , yet he found not long friendshi● , aid f●vour , nor succour in effect in the person of the said chancellor in the said suit for all his cost , and also he saith , that a good part of all sorts came with him to the house of the said chancellor , to discourse of his matter where hee found there his adversaries before him , where hee encountred them in presence of the said chancellor : but if the said chancellor be to bee punished for committing of this affaire , or no , he knoweth not , god knowes , but he saith that true it is , that at a certain day past the said chancellor caused him to bee payed for his fishes , and that hee cancelled the obligation , and that the same was cancelled in bounty , and conscience ; or otherwise to shunne a slaunder and reproach in the case , hee knowes not now to say , but saith for certaine , that for the three elles of scarlet , hee was not yet payed , and thereupon the said chancellor first of all before the lords and commons answereth , and saith , that in this affaire , and of all this matter hee is innocent in every degree ; and first of all as to that that is surmised of him by the accusation hee now saith , that the said fishmonger had not beene delayed , nor is yet delayed by the said chancellor , and that right and iustice is done to him in the said suit , and that the accusation containes no truth , and the said chanc●llor voucheth to witnesse all the iudges , and serjeants of the realme who were present in the chancery many times when the said matter was pleaded betweene the parties , which suit is pleaded to issue , whereof part lieth in iudgement , and part remaineth untried , so that nothing now remaineth to doe , but to render iudgement there of what remaineth in iudgement and traverses thereof have beene put in for difficulty , and for other cause , and that it is not truth of the said chancellor , that the fishmonger hath now said , that hee could not have iustice and that hee is unjustly delayed . and as to the remnant of the accusation now made , the said chancellor sweareth by the sacrament of iesvs christ that hee is utterly innocent , and more thereof did never come into his cognizance , but in manner , as hee hath said which is thus and saith , that of late hee had speech with the officers of his house to know the estate thereof , and for ordinary payment of those to whom for the dispences of his said house hee was a debtor , and there first of all , and before his officers hee demanded how such a quantity of herring , and sturgeon was brought into his said house , and not by way of bargained-for provision , and in what manner the same was spent in his house , whereat he marvelled because he knew not the said fishmonger , and there withall he reckoned with his said officers how such an obligation was also made by the said fishmonger , who had a generall suit depending before him , and as soone as the heads of this matter was understood by him , hee was much grieved , and in passion did curse and sweare to his said officers , that hee would not eat nor drinke within his said house , untill the said fishmonger was payed for that which he had sent into his house aforesaid , and the obligation was utterly cancelled and defaced , and thereupon presently was the said fishmonger at his commandement caused to come in presence of the said chancellor in the chappell within his house , where hee stayed for the present time when he was in london , in the same chappell where our lord iesus christs sacrament was continually , he swore by the same sacrament in presence of his said clerk , & of the said fishmonger that he was never boūd to do that which his said clerk had undertaken , & that he touched nothing of the said commodities before reckoned , nor had knowledge thereof in private or in publick , but by relation of those other officers in manner aforesaid , and that hee was never a partner to the said covenant made thereof in any manner , nor caused the said clerk to take the same obligation , but caused the said fishmonger to bee payed for his fish aforesaid . and the said chancellor swore by the sacrament of jesus christ , that his excuse now given , in contained full truth , and that hee is ready to prove in whatsoever manner it pleaseth our lord the king , and his noble lords of the realme there present to ordaine , and the said chancellor prayeth to the lords aforesaid , that they have due consideration to the estate that hee beareth within the realme by his office of chancellor ; that it may so please them to ordayne him due remedie and iustice of the said fishmonger , concerning the defame and grievous slander which hee had brought upon his person in parliament , which is the most high court of the realme , and could not accuse the said chancellor of any thing in his complaint , but onely the clerk of the said lord . and for that the said fishmonger disclaimeth in part , his said accusation , and so denieth by his owne mouth that hee had not any bargaine with the person of the said chancellor but with his said clerk . and also for that as well the said clerk as the said fishmonger thereupon examined , acknowledged that the aforesaid obligation was made to the said clerk onely , and in his name without naming the person of the said chancellor in any part , and that the same clerk upon his oath made in the case had fully excused his master the said chancellor , that hee was not knowing of the said obligation , nor of the covenant aforesaid otherwise then before set forth . and for that also his said officers gibbon , robert , and william were personally in this parliament , and examined upon their alleageances to say the truth of their part in this case answered expressely , that they never gave any thing , nor promised to give reward to the said chancellor in private , nor openly by themselves , or any other person in the world : the lords aforesaid ●old the person of the said chancellor for excused of whatsoever was comprised in the accusation aforesaid . and thereupon the said chancellor prayed againe to the lords there , for that as well the said fishmonger had disavowed his accusation in part , and for that he might every way be excused thereof for any thing that could appeare to the iudgement of every discreet person which heareth the said accusation , that for those words , which the said fishmonger had put in his bill , he the said fishmonger might be arrested untill he had found sufficient sureties to tender him that which should be adjudged upon this matter , and especially upon the false slander aforesaid , which he had drawn upon him . and therupon it was commanded by the lords , that as well the said fishmonger , as the said clerke should be committed , and so they were committed to priso● , 〈◊〉 ●fterwards they were let go at large ▪ that is to say , the said fishmonger by the maine-prise of thomas spicer a●d steven skinner , who w●re obliged body for bo●y to have the said fishmonger from day to day , before the lords aforesaid , or before whatsoev●r judges should be assigned : and afterwards , f●r that the parliament was drawing to an end , and the lords were also greatly busied there amongst o●her great businesses of the realm . the said suit by the pa●liament with all things therof , was referred to the iudges of the kings bench , to be heard and determined , as well for our lord the king as for the parties . in schedula . record . fact . apud westminsterium per justiciarios , &c. et postea die martis proximo post octab . trin. viz. die junii anno regni domini regis r. . post conquestum robertus tresilian capitalis justiciarius in banco ipsius regis , robertus belknap capitalis justiciarius in communi banco , & roger . fulthropp unus justiciarius in communi banco vigore commissionis parliamenti dicti domini regis , apud novum sarum ultimo tento fact . & authoritate ejusdem commissionis unde in rotulo parliamenti predicti mentio facta est specialis , contra quendam iohannem cavendish de london fishmonger qui parliamento praedicto primo , viz. coram communitate regni ang. congregat. & postmodum alia vite coram magnatibus ejusdem regni in eodem parliamento , de michali de poole milite , cancellario dicti regni , & iohanne ottre clerico ipsius cancellarii de diversis misprisionibus sibi per eosdem factis , ut asseruit , graviter querelavit ; & ipsum cancellarium per hoc multipliciter accusavit & aefamavit processi , in hunc modum . imprimis , viz. ipsum iohann . cavendish , coram iisdem iusticiariis apud westminst. dicto die iunii , assedentibus sibi tunc ibid. hugone seagrave milite , thesaurario angl. magistro walter de shirlawe , custode privati sigilli , iohanne wal●ham , custode rotulorum cancellariis , nec non waltero clopton , willielmo richell , & iohanne de lockon serviend . ipsius regis venire fecerunt , qui ibidem comparens & de accusatione sua praedict. & fact . & in rotulo parliamenti praedicti , plenius irrotuletur , cujus mat●ria , una cum responsionibus per dominum can●ellarium in eodem parliamento , adhuc in excusationem suam datis prout continetur in rotulo praedic pro majore parte recitat . coram ipso iohanne de cavendish , tu●c ibidem allocatum fuit per iusticiarios praedic . & super hoc quaesitum fuit ab eodem , si quid haberet pro se vel ulterius dicere sciret , quare ipse poenam in statuto contra hujusmodi defamatores edito subire non debeat maxime cum idem cancellarius se in parliamento illo excusavit & omni alio modo possibili se inde excusare est paratus , qui quidem ioh. ad hoc respondebat & dixit quod ipse nunquam personam dicti cancellarii in parliam . illo defamavit , nec aliquid sinistrum sive inhonestum de persona ipsius cancellarii clam vel palam in parliamento ille dixit , vel alias affirmavit quovis modo sed dicit quod quicquid per eum in hac parte fuerit hoc solum de praefato ioh. ottre clerico ipsius cancellarii in ista materia factum & sententia verborum suorum , ac modo & forma eorundem , nec non responsionibus ipsius cancellarii & aliorum ex parte sua hinc inde factis & dictis ibidem debite ponderatis & ulterius haben●a respondit ad hoc quod ubi praefatus ioh. cavendish , dixit quod justiciam coram dicto ●omino cancellario praedict. prout alius praedict. cancellarius allegavit in eodem parlia. clare constare debeat cui cunque discreto , & intelligenti , quod idem ioh. cavendish per accusationem suam praedictam ipsum cancellar. . in eodem parliam . false defamavit . per quod consideratum est quod praefatus ioh. cavendish super defamatione illa convincatur & idem cancellar. . recuperet versus eum dāna sua et quod ioh. cavendish praedict. committitur prisonae domini regis ibid. moratur . quo usque tam preafato cancellario de damnis suis praedictis , quam dicto domino regi pro fine competenti sibi inde debito plenarie satisfecerit . rotulo parliamenti , anno . r. . m. . & . in this parliament all the commons with one accord and in one assembly came before the king , prelates and lords in the parliament chamber , complayning grievously of michael de la poole earle of suffolk , late chancellor of england being then present , and accused him by demonstrance of word of mouth in manner following , that is to say , first , that the said earle being chancellor and sworn to do the profit of the king , purchased of our lord the king , lands , tenements and rents to a great va●ue , as appeares by the records , and rols of the chancery , against his oath in tha● behalfe , not considering the great necessity of the king & the realm . and moreover , because the said earle was chancellor in time of the said purchase made , the said lands and tenements were extended at a lesser value than they were worth per annum by a great summe , to the deceiving of our lord the king . item the said lords were assigned at the last parliament to view and examine the estate of the king and realme , and to declare their advice how the same may bee well amended and put in better governance and disposition ; and the examination & report therupon made to the king , as well by mouth as in writing , the said late chancellor said in full parliament , that the said advertisement and ordinance , ought to be put in due execution , and that it was not done in default of him that was the principall officer . item , whereas the charge was granted by the commons in the last parliament , to be put into certain forme , demanded by the commons and assented by the king & the lords , and no otherwise nor in any other manner then was ordayned , many mischiefes are come to the realme , and it seemes true , that ●hey came in default of the said late chancellor . item , it was debated , that whereas one tidman of lymberch , who had to him & his heires , of the gift of our late king edward , l. per annum , of the custome of kingston upon hull , which the said tidman forfeited to the king ; and also the payment of l. a yeare , was discontinued for , or yeares , the said late chancelor knowing thereof , purchased to him and his heires of the said tidman the said l. a yeare , and the purchase was untill the k. ought to enjoy the profit . item , it was debated , whereas the high master of s. anthony is a schismatique , and for that cause the king ought to have the profit which appertaineth to him in the realme of england , the said late chancellor who ought to have advanced and procured the profit of the king , tooke to farme the said profit of the k. for marks a yeare , and there tooke to his own use goods , and marks and more . and that the said master of s. anthony in england , which now is , ought to have possession of the said profit , and he could not have it before he had two persons bound with him by recognizance in chancery , and other instruments to pay l. yearly to the said late chancellor , and to john his son l. a yeare , for terme of their two lives . item , that in time of the said late chancellor there were granted and made divers charters and patents of murthers , treasons , felonies , rasure of rols , sale of woods , and in especial after the beginning of this parliament , there was made and ensealed one charter of certain franchizes granted to the castle of dover , in the disherison of the crowne and the subversion of the duties of the places and courts of the king and of his people . item , by the ordinance that was made in the last parliament for the towne of gaunt , that ten thousand marks ought to be gathered , and for default of such collection , there ought to bee forfeited marks , that by default and negligence therein of the said late chancellor , the said town was lost , and forthwith the said marks payed & the said marks lost by def●ult as aforesaid . of all which articles the said commons demand iudgment of parliament , whereunto the said e. made his answer in manner which followeth . first , the said earle saith to the lords of parliament , how that he was chancellor of england , and the same time did represent the person of the king in his absence , and demanded if he ought to answer without the presence of the king , for that he was impeached of things done in time that hee was chancellor . secondly , the said e. had ordained by the advice of his councell , that master richad scroope his brother in law , should put in the words of his answer of the said impeachments . whereunto the lords replyed , that it was honest for him to answer by his owne mouth , and therupon he made protestation that he might adde or diminish in his answer what might be honou●able and profitable to him , by advise of his councell . which thing was granted to him . and as to the first article of his impeachment , that is to say , after that hee was chancellor that hee purchased certain land of the king &c. the said ● . doth answer , &c. after that he was chancellor , he at no time purchased any lands nor tenements of the king nor the king gave to him any , untill the time that the king caused him to take the estate of an earle , but by way of true exchange , videlicet , that how the said earle hath had foure hundred markes a yeare upon the custome of kingston upon hull by descent of inheritance , for which it pleased the king to assigne to the said earle the lands or tenements in value ; and that he assigned and gave part thereof to the profit of the king as well yearely as because of a summ of marks payed to the king by the said earle for that cause . and further saith that the king at his progresse into scotland pleased to make duks , bannerets , and knights , to the honour of him and his realme , he plea●ed without desire or seeking of the said earle of his own proper motion , to make him earle , and commanded him to take the estate of the earle of suffolke in place of him that late died , and after that he named the quantity of that which he had to maintain that estate , and further saith that he will assigne the quantity of the lands , which were belonging to the said earle of suffolk who last died . item he saith , that the said tidman hath had l. a yeare upon the antient custom of king . upon hull , to him and his heires inheritably for ever , whereof king edward uncle of the king that now is , was not payed of a long time , as appeares by the accounts of customers of kingston upon hull , in the exchequer of our lord the king , which tidman for ma●kes which he owed to the said earle , granted to him by his deed a long time since the pounds aforesaid to have and to hold to the said earle and his heires for ever . and because the said earle , made restitution of the patent of the said tidman to the king , discharged of arrerages , the k. pardoned the same purchase , without that , that the said earle then committed or had yet committed any forfeiture , or debt against the king concerning the said tidman . item , as to the other article , in which there is mention of a charter granted , &c. he saith that a warrant came to him for so doing , and for that it was a castle and to the profit of the king without evill intent of the said earle , he passed it not intendi●g then that it was against the laws ; and if any man would have declared or informed the said e. that it had been prejudiciall to the king or his laws , he had not ensealed the same , but would have repealed it , and that yet thereof no dammage is come , &c. and as to the other charters specified in the same article , he passed them by warrant without ill intention or covin of his part in any point . and further he prayeth , that no new way bee put upon him otherwise , then had beene used aforetimes upon any lord or such officers understanding that of the chancellor make a patent against reason or law . that such patent shal be repealed and such iudgement reversed , without inflicting other punishment upon such officer o● iudge . and the commons replying to the answer of the said earle , concerning the first article , did shew to the lords the copy of his oath , made when he was created chancellor , in manner as followeth . you shall sweare that well and loyally you will serve our lord the king and his people , in the office of chancellor , and shall do right to all sorts poore and rich , according to the laws and usages of the realm , and lawfully shall counsell the king , and his counsell shall keep . and you shall not be privy , nor suffer any dammage , nor disherison to the k. nor that the rights of the crown be taken away , if you can any way hinder it , and if you cannot hinder it , you shall make the same cleerly and expresly known to the k. together with your loyall advice and counsell , and you shall cause and purchase the profit of the king , by all that lieth in you to do reasonably , so helpe you god and his holy gospell . and praying that the same might be read well understood , and the circumstances of the said answer considered , viz. that he had not denied that he received of the kings gift after that he was made earle , being in the office of the said chancellor , divers lands and tenements which are certai● and sure of the value of marks a yeare , which he hath had upon the custom of kingston upon hull , which are casuall & may deceive the king to his dammage in that behalfe . and how he said that he had received part of the ●●id lands and tenements , so taken ●n ●xchange before he was cha●cellor . the commons say , that he was then of the privy councell , and afterwards sworne in the creation of the office of chancellor , by the aforesaid oath , and he in that office agreeing to the exchanges , takes and receives the remnant of the said lands and tenements in full performance of the exchanges , as by his answer in parliament aforesaid . and in answer to the second article , the commons replying , say , that insomuch as he acknowledgeth in his proper protestations , that he represented the estate of the king , while he was officer : and so extends his power upon all others , wherfore although default was in others , he cannot therefore be excused , and especially of that which the king had commanded him to speake in parliament as he had said , he was the more bound to put the said matter in execution , and to confesse , what he denied not , the dammages are no lesse than they have surmised : they pray the iudgement of parliament . and as to the answer of the fourth article , the commons replying say , that it shall be found of record in the exchequer , the aforesaid tydman to be debtor to the king in great summs as they suppose , and for that cause the said rent appertaines to the king , notwithstandi●g he had otherwise forfeited , and so the king was deceived and they pray that the records may be examined . and further say , that one neele hackney was killed by his wife and his servant , and the said tydman for which felony , the said woman and servant were arraigned found guilty , and suffered the iudgement and execution of the sentence of the law , and the said tydman as followeth . and to the answer of the fift article , the commons prayed again , proposing the example of one william thorpe late chief iustice of the kings bench , surmising that he tooke l. of one party who had an office in plea before him , and for that he sold the law , for which cause he was judged to death & forfeiture of his lands and chattels , and say insomuch as the said earle was so chancellor , and tooke l. &c. of the said provision there commanded to be delivered out of the kings hands of his profits , which hee ought to have done according to the command of the k. freely without taking any thing , it seemeth to them that hee hath sold the lawe and prayen iudgement . and to the answer of the sixt article , the commons replying said , that it appertained to him ( as wise as he is ) to be well advised and counselled , that he assent not , nor do such a thing which may tend to the disherison of the king , and oppression of his people , as he would avoyd the indurance of the iudgement of parliament . and thereupon the said earle replying to the replication of the commons , touching his oath said , that to take the words of the said oath without other speciall intendment no chancellor heraftet will inseale any thing of the kings grant to any persons of lands and tenements or other goods without offence of his oath . but the said earle saith , that it is not comprised in the said oath , nor forbidden him to take to himselfe of the kings gift , nor to any other person . and for that the kings gifts to other persons in the said voyage , nor of divers other things before , be not impeached not holden against the oath of the chancellor , it seemeth to him that no more he ought to be impeached for the gifts given to his personall estate , seeing that in the said oath it is not forbidden nor restrained to him more than to others , & more especially for that the said estate and the gifts given are confirmed by parliament , and further saith , that he accepted of his oath of chancellor according to his conscience and power , and for the causes before expressed , he saith , as he shall answer before god , that he thinks nothing done in the matters aforesaid against his oath , or understanding of his conscience , but that the chancellour may inseale the kings guifts to the lo●ds for to maintaine their estate ; or for other reasonable cause by the kings warrant , and that hee hath done nothing against his oath , &c. and saith that , that which is comprised in the oath that hee suffer no dammage , not disherison of the king &c. that is to bee understood of that which is intended , of matters wherof the king hath not cognisance , and that appeareth by the clause comprised in the oath , that hee shall make known to the king cleerely , and express●ly : and after that the king is informed in such manner , the chancellor may doe the kings commandement without offence of his oath , and s●ith that concerning his estate , and what the king gave him , it was expressely done by the commandement , knowledge , and will of the king , and so not against his oath , and that it may not bee intended that hee should bee impeached concerning this matter . item as to that , that the commons say that the said earle hath deceived the king ; because he hath taken of the king , the manner of faxfleet in value . pounds which manno● was worth . l. per annum &c. the said earle answereth , that master william morris hath reported to him that hee hath taken of the king the two parts of the said mannor , with the rent in north dalton to serve for . yeares for fifty pound a yeare , and that hee hath lost by the said farme in the said time a . marks , and further saith that the said mannor with the ten markes of rent in dalton altogether are extended ( as appeares in the chancery ) but at . l. . s. . d ob . and for that that , the said earle understands by the earle of kent , who hath had the said two parts of the said mannor together with the said ten marks , at the value of . marks , that the intire mannor could not bee above the value of . pounds . and further saith , that the said mannor with the ten markes are not worth more . and that under a certain● paine saith , that whatsoever person will sustaine the charges of the said mannor sufficiently , and pay him for the two parts . markes for aid , and as to the third part bee it what it will , let him give security to pay for the said mannor , with the ten markes of rent . l. per annum , that hee will so lease it with all his heart . item as to that impeachment of the commons of a . pound pension , out of the provision of saint ant●o●y , and that the said earle should sell the lawes , and put in an example of master william thorpe &c the said earle answereth , that the cases are nothing alike , which the parties pleaded before the said master william thorpe as before their iudge for the lawes of england . in which case no iudges ought to take reward of any parties pleading before them . but the s●id provision came to him with the help of saint pierce the pope , and not as a chancellor or iudge in this case , but as father and friend to john his son . at which time a man knew not if the said iohn had obtained it of the popes favour or no . also faults were found by the counsell of the said earle in the bulls of the said provision ; and from the same caus● the said provisour by his friends of his owne accord profered an annuall pension of a . and . pound for to leave suit in the court of rome by his said sonne , and for that hee should not impeach the bulls : that the matters before said were not done as before a iudge , but by way of composition as may bee prooved by instrument and by witnesses in this towne , and so this matter touched not the lawes of england , and alwayes the said earle intended not but that hee should bee holden to answer to the party in this case . and thereupon after the answers of the said earle given to the accusations of the said commons , and the replications to them made of one part , and of another the said earle at the request of the said commons for the greatnesses of the defaults so of him surmised , was arrested by commandement of the king and commons in ward of the constable of england , and afterwards let at liberty upon bayle . and for that the said earle alleadged not in his answer that hee observed the effect of his oath , in that hee swore that hee would not know nor suffer dammage , nor disherison cleerely and expressely to the king , together with his owne lawfull advice and councell , and that hee should cause and purchase the profit of the king by all that he could reasonably doe : and hee held the premisses although hee were principall officer of the king , knowing the estate and necessity of the king and of the realme , and did take of the king such lands , and tenements as is supposed in the impeachment to him in the said first article surmised , & although he alleadged in his answer , that the deeds to him so made were confirmed by full parliament , there is no such accord in the rolls of parliament wherefore it is awarded that all the mannors , lands , tenements , rents , services , fees , advonsons , reversions & profits with their appurtenances by him so received of the k. ●e reseised & reprised into the k. hand , to have & to hold to our l. the k. the lands & chattells of the said e. from thenceforth is not the intention of the k. nor of the lords , nor that this iudgement extend in the law to cause the said e. to lose his name and title of earle , nor of the . pounds a yeare , which the king granted him , to take of the issues of the county of suffolk by the name and title aforesaid . and moreover for that the said e. lately denyed that he was of the k. privy counsel when he demāded of the k. the said exchāge & had acknowledg'd that before the exchāges performed hee was made chancellor , in which office hee was bound by his oath made in the forme aforesaid : and hee so being sworne to the said office , tooke of the king the said . markes of land , by reason of the said exchange agreeing to the said covenant of exchange , which hee also made before that hee was chancellor , in which office hee was bound by his oath : and alleadged not in his said answer , that the king gave him mannors , lands , and tenements ; which are certaine and cannot very easily bee destroyed , nor bee countervailed by the aforesaid . marks annuity , which are leviable and demandable of the customes and also as casuall , and in divers cases there may losse insue ; it is awarded that all the lands and tenements so taken by the said earle , by the exchanges aforesaid bee resumed into the hands of our lord the king to hold to him and his heires , in manner as hee held the same before the gift or deed in the said exchange , in which the issues and profits aforesaid after the said exchange deducted : if the said issues and profits so taken after the exchanges extend to a gr●ater value then . markes a yeare , that then the king shall have the overplus of the lands and chattells of the said earle from thenceforth hereafter . and it is therefore awarded that as well the said mannor of flaxflreet , and the ten marks of rents aforesaid with the appurtenances bee reprised in the kings hand to hold to him , and his heires as hee held the same before the gift to the said earle , so as the charter , the pardon , and confirmation of the purchase of the said fifty pounds of rent bee certaine in the hands of the king , and his heires in firme as it was before the purchase , and it was since to the said earle , and that the issues & profits received or owing to the use of the said earle as well of the said mannor o●faxfleet , and the ten markes of rent as the issues and profits of the said fifty pound of rent , which he thereof had taken by reason of the purchase aforesaid , bee levied to the use of our lord the king of the lands , and chattells of the said earle from henceforth . and as to the article containing the provisions of saint anthony ▪ for that the master of the house of saint anthony in which the profits were taken as proved in england was a schismaticke , and taxed for moving the king and power of france and by such repute as then and yet is taken to bee , wherefore all the said profit ought to appertain to the king as of a schismatick and alien , which thing of reaso● ought to have beene made known by the said ea●le , before hee demanded of the king the said profit , and hee k●ew expressely that hee demanded it for ●is sonne as an hospitall , and alleadged not in his answer , that the king when hee granted the profit was informed of the matters aforesaid : and also in that , that when hee was such an officer as beforesaid , hee sent to the court of rome to have the same profit for his sonne of the collation of the pope ( as benefice of the holy church ) and to have also the profit out of the kings hand by the sea apostolicall ( as the record termeth it ) and hee denies not that hee received of the said profits foure hundred pounds per annum , alleadging that hee rendered to the king the s●me , and that after the said earle had made a bargain● to have the provision which hee claymed of the said profit in england of the pope , a hundred pound per annum of the said provision to him and his sonne john , for term of their two lives for to deliver the said profit to the said provision for payment of which . l. to him , and his sonne he tooke surety of the provision by recognizance and obligations of divers summes , notwithstanding that the king had commanded by his letters to deliver all the profit aforesaid out of his hands to the said provision there , where it seems for any thing that yet was shewn , that all the said profit ought to have rested in the kings hand for the causes aforesaid , at least untill it had be●ne discussed whether the said profit were the benefit of holy church grantable by the pope : or appurtenant to the k. by reason of schismasie and endemnity of the said master , and he alleadged not in his answer , that the king was cleerely informed of the matters aforesaid : wherefore it is awarded that the said foure hundred markes per annum in time , that the said profit was so granted to him by the king untill the time that hee delivered the same profit to the said provision , as also the said . l. a yeare received also of the s●id provision untill the same bee levied to the use of our lord the king of his lands and cha●tells , and that all the profit which should of late appertaine to the said earle by reason of the said recognizance , or of other obligations , and covenants also made in surety of payment . and as also to the . marke● , which hee had alleadged that he payed to the king for the said exchanges . it is awarded that the said . markes remaining in the hands of the king , as part of payment of the fine and ransome th●t the said earle shall likewise make to the king , before hee be delivered from prison . ex rotulo parliamenti anno . h. . n. . item friday the last day of february , the earle of northumberland came before the king , and the lords and commons of parliament , and there the chancellor of england shewed how on tuesday last past hee had beene before the king , the lords and commons in the same parliament , and there beseeched the king as hee had done at other times at his comming before him in yorke , that it would please our said lord the king to grant him pardon of those things wherein he hath offended against him , not keeping his lawes and statutes as ligeance demandeth as by a petition by him preferred in parliament , written in english , whereof the tenor ensueth may appeare more at large . to my most dreadfull and soveraigne liege lord . i your humble liege , beseech your highnesse to have in remembrance my comming to your highnesse , to have in remembrance my comming to your worshipfull presence unto yorke of my free will by your goodly letters , where i put mee in your grace , as i that nought have kept your lawes and statutes , as liegeance asketh , and especially of gathering of power , and giving of liveries , as that time i put mee in your grace and yet doe . and i sent it like to your highnesse , that all gracelesse should not goe . wherefore i beseech you that your high grace be seene on mee at this time , and of other things which you have examined mee of , i have told you plainely , and of all i put mee wholy in your grace . which petition by commandement of the king , examined by the iustices for to have their counsell , and advice in this behalfe by protestation made by the said lords , that the iudgement appertained to them onely , and after rea●ing and understanding of the same petion before the lords , as peers of the parliament , to whom such iudgements appertaine of right to heare and understand by the statutes made in the th . yeare of the king that now is , by deliberation of king edward cozen of our lord the king that now is , they adjudge that those things which the said earle hath don contained in the said petition , are not treason nor felony but onely trespasse , for which trespasse hee ought to make fine and ransome according to the kings pleasure , wherefore the said earle most humbly reverenceth our lord the king , and the said lords , the peeres of parliament concerning the right iudgement , and further the said earle prayed our lord the king , that in affirmance of those matters hee might bee purged from all suspitions , and prayed to bee judged de novo , in the presence of the king , and of the lords and commons in parliament ; the said earle tooke his oath upon the crosse of the arch-bishop to bee faithfull and loyall liege man to our lord the king , and to his eldest sonne and to the heires issuing of his body , and to his brothers and their issue successesively and inheritably , at which time if the king would command him , hee should bee ready to shew and declare that which hee knowes in that he halfe , and set forth the truth thereof . and that our lord the king might not bee deceived , the said earle was present and ( charged in his liberty ) the said earle upon his oath which hee had made upon the said crosse setteth forth and declareth openly in parliament that , which hee knoweth in this matter upon which charge to him given the said e. saith . that at the day of tryall of his life hee knew not of the dukes and bishops , and other lords any thing that ●ounded in derogation of the honourable estate of the k. and of his royall majesty , but that they were and are to him good and lawfull lieges , and that for such our lord the king may hold and repute them , and may faithfully put his trust in them in perill of his life , and by the oath which he● had made as before said . and moreover the said earle of northamberland humbly beseeched the lords , and earles and commoners , that they will beseech our lord the king of his grace towards him concerning the fine and ransome , and if at any time he doe any thing against our lord the king other then liegeancy : that they make no prayer , nor request for him in whatsoever ensueth thereon , but that they be altogether against him . and also the same friday it was adjudged by the king and the lords in parliament , that leave of battaile be made by the said mr. henry & mr. thomas , which are holden to be guilty of treason , and that as well for themselves as for others which shall bee in their company at the time of the said licence : and those to whom the king had granted favour and pardon , the king will that they stand firmely in their force and vertue . ex rotulo parliamenti anno . h. . n. . item the friday the . of february it was opened , and declared to the lords spirituall and temporall being in the parliament chamber , by the counsell of the duke of yorke , that whereas thomas thorpe the monday the first day of august , in the raigne of henry the sixt . cam● to the place of the bishop of durham , and then and t●ere tooke and bore away certaine goods and ●attle of the same dukes against his will and licence , and thereupon the said duke came and tooke an action by bill in mich : terme last past , against the said thomas in the court of exchequer according to the priviledge , for so much as the said thomas was one of the court , to which bill the said thomas willingly appeared , and had divers dayes to imparle at his request and desire : and to the said bill and action pleaded not guilty , whereupon there was awarded in the said exchequer a venire facias to the sheriffe of middlesex returnaeble in the said exchequer , and thereby the iury that passed betweene the duke and the said thomas , it was found that the said thomas was guilty of the said trespasse contained in the said bill , and the same iury assessed the dammages to the said duke , of the said trespasse to a . l. and for his costs . l. and thereupon iudgement was given in the said exchequer , and the said thomas ac●●rding to the ●ourse of the law was committed to the fleete for the fine belonging to the king in that behalfe . and thereupon it was prayed humbly on the behalfe of the said duke : that it should like their good lordships , considering that the said trespasse was done and committed by the said thomas , since the beginning of the present parliament : and also the said bill and action were taken and scanned , and by processe of law iudgement given thereupon against the said thomas in time of vacation of the said parliament , and not in parliament-time , and also that if the said thomas should bee relieved by priviledge of parliament , ere the time that the said duke bee satisfied of his said dammages and costs : the said duke should bee without remedy in that behalfe , that the said thomas according to the law , bee kept in ward according to the time , that he have fully satisfied and contented the said duke of his dammages and costs ; the said lords spirituall and temporall , not intending to impeach or hurt the liberties and priviledges of them , that were come for the commons of this land in this pr●sent parliament , but equally af●er the course of the law to minister iustice , and to have knowledge what the law will weigh in that behalfe opened , and declared to the iudges the premisses , and asked of them whether the said thomas ought to be delivered from prison by force and vertue of the priviledges of parliament or no . to the which question the chiefe iustice in the name of all the iustices after some communication and mature deliberation had among them , answered and said , that they ought not to answer to that question , for it hath not beene used aforetime that the iudges should in any wise determine the priviledges of this high court of parliament , for it is so high and mighty in his nature , that it may make law , and that which is law , it may make no law : and the determination and knowledge of that priviledge belongs to the lords of parliament , and not to the iudges . but as for the declaration of proceedings in the lower courts in such cases as writs of supersedias of priviledge of parliament , to bee brought and delivered to the said chiefe iustice , hee said there be many and divers supersedeas of priviledge of parliament brought into the courts , but there is no generall supersedias brought to surcease all processe , but if there should bee , it should seeme that this high court of parliament that ministreth all iustice should let the proces of the common law . and so it should put off the party complaynant without remedy , for so much as actions of common law be not determined in this high court of parliament , and if any person that is a member of this high court of parliament bee arrested in such cases as be not for felony or treason , or security of the peace , or for condemnation had before a parliament , it is used that all such persons should be released of all such arrests , and make an attourney , so that they may have their freedome , and liberty freely to attend the parliament . after which answer and declaration it was throughly agreed , assented and concluded by the lords spirituall and temporall ; that the said thomas according to the law , should remaine still in prison for the causes above said the priviledge of parliament , or that the said thomas was speaker of the said parliament notwithstanding , and that the premisses should be opened , and declared to them that were common for the commons of this land , and they should bee charged and commanded in the kings name , that they with good hast and speed proceed to the election of another speaker . the which premisses for as much as they were matters in law , by the commandement of the lords were opened , and declared to the commons by the mouth of walter moyle one of the serjeants at law in the presence of the bishop of elie , in the kings name , that they should proceed to the election of another speaker , with all godly hast and speed , so that the matter for which the k. called this parliament , tooke good and effectuall conclusion and end . item . die febr. tunc prox . sequenti praefati communes ; & quidam de sociis suis declaraverūt dominis spiritualibus & tēporalibus in presenti parliamento , quòd ipsi per mandatum ex parte domini regis pridie sibi injunct . cum omni diligentia exequentes eligerunt loco praefat. thom. thorp , thom. carleton militem prolocutorem suum humillimè deprecando quatenus praefatus dominus rex hujusmodi electionem vellet acceptare . qu●bus per domi●um cancellarium angliae de mandato dicti domini regis , & advisamento consilii extitit respons . quod quidem dominus rex de electione praesenti thom. carleton se bene contentavit injungendo eis quatenus ad expeditionem negotiorum parliamenti praedicti cum omni diligentia proced●rent , iudgements upon writs of error in parliament . if erroneous iudgements bee given in the kings bench : or in the exchequer chamber upon the statute of . eliz. cap. . the party may have his writ of ●r●o● retureable in parliament , but not upon judgement given in the common pleas untill the same bee ●ever●ed or affirmed in the kings bench , as it was answered in parliament under ●dward the third , in the case of the bishop of norwich . vpon the writ of er●or the lord chiefe iustice of the kings bench is to bring in the record , and a ●ra●script of it into the parliament , and the●e leaveth the transcript ●ut car●●e●h the record b●ck and there●p●n the er●ou●s bei●g assigned : or as some examples are befo●e the assignamus of the errors . order is to bee given that a scire facias be awarded against the defendant , upon whose appea●anc & examination of the errors by the lords , the iudgement is either affirmed or reversed . after the record thus brought in , clericus parlïamenti habet inde custoaiam & per duos tantum & non per communitatem assignabitur senescallus , qui cum dominis spiritualibus ac temporalibus per con●ilium justiciariorum procedat ad err●rem corrigendum . in which words it is observed ; that the lords have power to make a delegation of their iurisdiction to a person chosen out of themselves , as a steward to judge for them , as also they did in their proceedings against gomemz , and weston under richard the second , when they ap●ointed the lord scroope for steward of the parliament to arraig●e the offenders , but this rests at their pleas●re whether they will judge themselves together , or so appoint a steward . memorandum quod christopherus wray miles capital . iusticiarius de banco regis se●u adduxi● in ●ar . in camera parl inter duos bre . de errore & billa de regina indors . ac rotulat in quibus continebantur placita & processus in quibus suppon●bature●ror , & ib. reliquit transcript totius recordi ci● cler. parl. & super hoc venit richardus herbert . ioh. awbr●y , willielmus filiam & ●imon brow●e in propriis personis suis in parliamento , & statim dixerunt quod in recordo & processu praedict. in redditione iudic●i praedict. manifestè est erratum in hoc quo● postquam iudicium praedict. in loquela praedict versus praefat. thom. gomiel redit . fuit & antequam praedict. iohannes . hunt prosecutus fuit & impetravit praedict. primum breve descire facias versus praefat. thom. ric. herbert & caeteros praedicto : manucaptores praedict. thom. gomiel nullum breve de capias ad satisfaciendum pro debito & damnis , praedict. per praefat. iohannem hunt. in parliamento praedict. prosequendo . et reternat . fuit versus praefat. thom gomiel ubi per consuetudinem curiae dictae dominae reginae coram ipsa regina à tempore contrarii memoria hominum non existit in eadem usitat . & approbat . brev. de cap. ad satisfaciendum versus eundem thom. gomiel , pro debito & damnis praedict. parl. praedict. prosequi & retornari debet antequam aliquid brev. de sci fac . versus manucaptores pr●d●ct . in loquela illa impetr●nt . seu prosequi debe et licet consue●udo , & forum captionum r●cognitionum in curia praedict. usi fuerunt in forma praedict. viz. si contigerit eundem thomam gomiel in parliamento praedict. convinci , tunc iisdem manucaptores concesserunt & quilibet eorum per se concessit tam praedict debitum quam omnia damna & castag . &c. praefat. ioh. hunt. in ea parte adjudicentur de terris & catallis & eorum cuislibet fieri & ad opus praedict. iohannis hunt , levari si contigerit praedict. thom. gomiel debitum & damnae illa praefat. iohannis hunt minime solvere aut se prisonae marescall . dominae reginae coram ipsa regina ea occasione non reddere &c. et petiere iidem rich. herbert & alii praedict. quod iudicium praedict. & processus super bre . de scire fac . prosecut . in curia dominae reginae coram ipsa regina revocetur adnulletur . & peni●us pro nullo habeatur . et super hoc domini per consensum iustitiariorum post longam & maturam deliberationem cum consensu adjudicaverunt quod judicium praedict. & processus super bre . de scire fac . prosecut . in curia dict. domin . reginae coram ipsa domina regina revocetur , adnulletur & penitus pro nullo habeatur . chap. v. bills passed and judgements given without assent of the lords spirituall . vnder edward the third a petition of the commons was thus . item wee are not willing to suffer that payment be made to cardinalls for their juornying into france , for to treat out of the realme of england . the answer is , as to the dispences of cardinalls ; it seemeth ●o all the baronage and other sages of the kings councell , that the commons demanded reason : and for that they are agreed that it shall be so . the like is there in the two petitions of the commons against the clergy , carrying money to rome , and cardinall having benifices here , divers ordinances against the church of rome are agreed by the k. the lay , peers , & commons , but all the prelates made protestation of not assenting or doing what may be , or turne in prejudice of their estate or dignity . the power and direction for iustices of the peace is ordained at the complaint of the commons by the king , by the assent of the lords temporall : and so also divers times without mention of the lords spirituall , who indeed under edward the protested that they had not to do with matters of keeping the peace . the commons exhibite a petition against procurations from rome , & benefices obtained by letters thence , &c. it is ordained & established by the k. by the advise and ass●nt of the lords temporall , that no benefice is to be had here , but by guilt from the kings subjects , &c. and if that any do contrary to this act , he should incurre the danger of a praemunire given by the statute of e. . a petition in these words . item , that the appeales pers●ites , accusations , iudgements had and rendered , &c. should be good , notwithstanding the lords spirituall and the procurato●s of the lords spirituall absente● themselvs out of parliament , in time of the said iudgements rendered for salvation of their e●tate : as it is contained in a protestation , by which the lor●s spirituall and procurators were in this present parliament , &c. the king granteth it , and the protestation of the clergy is entered as , followeth . for as much as certaine matters were moved in this present parliament , touching openly the crime of the arch-bishop of canterbury , and the other prelates of his province , who made protestation in the forme and words which followes . in dei nomine , amen , cum de jure & consuetudine regni angl. ad archiep. canterbur . qui pro tempore fuerit , nec non caeteros suos suffragandes , confratres & coeptis . abbates & priores , aliosque prelatos , quoscunque per baroniam de domino rege tenentes pertinet in parlimentum regis quibuscunque ut pares regni praedicti personaliter interesse ibidemque de regni negotiis & aliis ibi tractare consuetis , cum caeteris dicti regni paribus & aliis consulere , ordinare statuere & definire ac caetera facere quae parliamenti . tempore ibid. incendet . faciend . in quibus omnibus & singulis nos willielmus cant. archiepiscopus totius angl. primas & angl. sedis legatus , pro nobis nostrisque suffraganeis , coep . & confratribus , nec non abbatibus , prioribus & prelatis , omnibus supradictis potestat . & eorum quilibet potestatur qui per se , vel procuratorem si fuerit modo presens & publicè & expresse quod intendimus & intendi volumus , ac vult eorum quilibet in hoc presenti parliamento & aliis ut pares regni praedicti more solito interesse considerare tractare , ordinare , statuere , & definire , ac caetera exercere cum caeteris jus interessendi habentibus eisdem statu & ordine juris ; & eorum cuilibet in omnibus semper salvum verum , quia in praesenti parliamento agitur de nonnullis materiis , in quibus non licet nobis alicui eorum juxta sacrorum canonum instituta , quomodo libet personaliter interesse ; eo propter pro nobis & eorum quolibet protestamus , & eorum quilibet hic presens etiam protestatur quod non intendimus , nec volumus sicuti de jure non possumus nec debemus intendi , nec vult aliquis eorundem in praesenti parliamento , dum de hujusmodi materiis agitur vel agetur , quomodo libet interesse , sed nos & eorum quemlibet in ea parte penitus absentare in re paritatis nostrae , & cujuslibet eorum interessend . in dicto parliamento , quoad omnia & singula ibidem exercenda juris , & eorum quilibet statu & ordine in omnibus semper salvo . ad hoc insuper protestamur , & eorum quilibet protestatur quod propter hujusmodi absentiam non intendimus , nec volumus , nec eorum aliquis intendit , nec vult quod habet processus , & habend . in praesenti parliamento , super materiis antedictis . in quibus nec possumus , nec debemus , & permittitur interesse quantum ad nos & queml●bet eorum attinet futuris temporibus , quomodo libet impugnentur infirmentur seu etiam revocentur . which protestation read in full parliament by the commandement of the king , and assent of the lords temporall and commons , in like manner make protestation the bishop of duresme and carlisle , mutatis mutandis . this was upon the occ●sion of the appeale of treason in the same parliament commenced by thomas duke of gl●ucester , and others , against alexander arch-bishop of yorke , robert de vere , duke of ireland and others . but although they thus absented themselves , they made no proxy at this time to assent in their room ; as afterwards they agreed to do in cases of iudgement of death . but the first use of such proxies is in the o●rich . the . neither at all are such proxies , or assent of the bishops . for under h. . the earle of salisbury by petition in the nature of a writ of error , shewed that the attai●der of john the late earle , father to the p●titioner in the second of h. the might now be reversed , and amongst the errors assigned , one was , that he had been adjudged sans assent in parliament , but it was in parliament now adjudged that it was no error . the arch-bishops of cant. and yorke , for themselvs & their clergy make protestation not to consent to any statute made in this parliament , quatenus ea in restrictione potestatis apostolicae aut in eversione ecclesiae dignitatis tendere dignoscuntur , which at their request was inrolled in parliament , yet an act passed at that time and is publique against the popes giving of benefices by way of provision in england . in the beginning of queene elizabeths raigne , when divers acts passed touching matters of the church , as service and sacraments ▪ and church-possessions , &c. the bils passed , dissentientibus , all the bishops as it is especially entered in the iournals , with particular enumeration of all their names . whereunto may be added that assertion of the iudges in that deliberation had under henry the eight , touching the power royall in the church , as the words were reported , that our lord the king may well enough hold the parliament by himselfe and all his temporall lords , without the spirituall lords , &c , chap. vi . their appointing judges out of themselves for examination of judgements and delayes of other courts . this is given them by a statute of edward the third , in these words . likewise for that many mischiefes are come , &c. that divers places , as well in the chancery as the kings bench , common pleas & the exchequer , the iustices assigned , and other iustices to heare and determine the iudgements , wherein have been delayes sometimes by difficulty , somtimes by divers opinions of the iudges , and sometimes by other occasions , it is assented , established and agreed , that of the commons before said , in every parliament there be one prelate , two earles , and two barons that shall have commission and power of the king . which priviledge is now taken away from the prelacy , by act of parliament , anno . car. ) to heare by petition to them delivered , the plaints of all those which complaine of such delayes , or grievances done to them , and that they have power to cause to come before them at westminster or in any other places where the parliament shall be holden , and the courts of records and processes of such iudgements as are delayed ; and shall cause to come before them the same iustices , who shall be there present to heare the cause , and their reason also heard by good advice of them ; the chancellor , three iustices of one bench , and of the other , and others of the kings councell . and in the same parliament accordingly , the arch-bishop of canterbury , the earles of arundell and huntington , and the lord woake , and the lord basset were assigned to the same purpose , and although the iustices , chancellor , treasurer , privy seale , and others , had before taken oath , &c. yet it was ordained that those of the baronage assigned , shall give them a new oath , and increase and diminish the ministers of iustice , as they shall see cause . chap. vii . their tenants of ancient tenancies , being discharged of paying , the charges of knights of the shire . the commons exhibite a petition , that whereas the tennants of the lords that did hold by barony , and summons to the parliament might not be discharged of paying towards the expences of knights , &c. that the king would declare the certainty of it . but the answer of it is on●y , as at other times , &c. a like petition and answer is afterwards under the same king in a petition , touching the same thing , under richard the , it is supposed that all ought to pay , but those which come in parliament by summons , by writ , and do stay there at their own charges , &c. in a petition afterwards , it is supposed that the tennants of such lands as were immediatly held of the lords of the parliament , contributed not to those expences but it is complained against , and the answer is only , let it be as at other times , and if that any found himself agrieved he should have remedy in the chancery , yet by a statute which is not in the rols of three yeares before , the tenants of the lords themselves shall pay for such lands , as of late times they have purchased before being contributary . to this belongs that in fitzherbert , the villaines of lords , which come to parliament shall not be therefore contributary to the expences of the earles , which come to parliament . and to this purpose the lords may by letters in their own names command the sheriffe that he distraine not their villaines . the second kind of their priviledges . priuiledges , or speciall rights , that concerne the barons that have place in parliament , as they are every one single in their private estates . chap. i. touching the oath and protestation upon honour . all oaths being either promissory or assentatory , and the first being , that which binds to a future performance of trust . the second , that which is taken for discovery of a past or present truth . the first kind , they as occasion requir'd used in taking the oath of all the barons for the maintenance of the great charter , and the like was under king john and h. as also swearing of the lords in parliamēt in the time of h. the . that they should not take parts in the great controversie between the earle marshall , and the earle of warwick , and the oaths of divers lords appointed for the keeping of the parliament in & h. , where yet the prince was not sworn , being one of those appointed for the keeping of the ordinances . because of the highnesse and excellency of his honorable person ; as the words are in the roll , so under h. the . the lords spirituall and temporal swoare in the parliament to the article of taking care for the preserving of the peace , and under h the . to the bill of succession ; but under richard the second , the arch-bishop of canterbury challenged , that neither he nor his predecessors were compellable to any oath , but to the k. and this kind of oath is frequently taken by such barons as undertake the great offices of the kingdome , and they are all liable to the like by their tenures , by fealty and by statutes of the oath of allegeance , but of these kinds of oaths for the supremacy they are discharged by the first statute that gives it ; and in the case of essoynes wherein by the ancient law , the essoiner was to sweare that the party essoined should appeare at a certain day , all barons and b●ronesses were excepted from the oath , and instead of the oath they put in surety , ratio vero diversitatis ( saith bracton ) talis esse poterit ut videtur quod ita nobiles & dignae personae in warrantizatione essonii non per se jurabant sed per procuratores ( scilicet ) plegios suos . assentary oaths are in cases of tryall by or witnesses defendants , which proceed by bill and answer . plaintiff●s examined in actions of debt brought upon arrerages of accompt in cases of tryall by they are discharged of the oath that is in cases of tryall of their peeres , in which they answer guilty or not guilty , only upon honour for in other tryals they have no part , but are exempted from being impanelled in juries , nisi eorum sacramentum adeo sit necessarium quod sine illis veritas inquiri non possit , and thence was it that some barons under edward the first of the marches of wales refused to swear● before the iustices of oyer and terminer upon an enquiry to be made by them , and others of certaine outrages committed by cilbert of clare , earle of gloucester , against humphrey of bohun earle of hereford and sussex ; those barons were jo●n de hastings , john fitz raynold , roger de mortimer , theobald of weldon , john troger , and ●efferey of camvill , to whom dictum est ( as the ro● saith ) ex parte regis quod pro statu & ●ure regis , & pro conservatione dignitatis coron● & pacis sua apponit manum ad librum , ad faciendum id quod eis ex parte injungetur qui omnes unanimiter responderent , quod ipsi vel eorum antecessores hactenus in hujusmodi casu , ad praestandum sacramentum aliquid coacti fuerunt . and afterwards the oath being offered them , they answered every one by themselves , quod nihil inde facerent sine consideratione parium suorum . barons being witnesses in cases of witnesses , examples are , that they give in their testimonies only upon honour . in the courts of the delegates in the of e. , in the proceedings against gardiner bishop of winchester , upon a speciall commission from the king , the then l. chancellor , and marquesse of northum . and the earle of wiltsh . and bedfora , are examined only upon their honor or somtime upon alleageance or fidelity to god & the k. and this was upon the speciall priviledg of such persons , for both by the civill laws and common , no testimony is taken regularly but upon oath . in chancery in a case between jeffery and jeffery , and in another between blighton and dantrey , thomas lord buckehurst , under queen elizabeth ; delivers his testimony only upon honour . in the court of chivalery under rich. the , in the great case between sir rich. scroope appellant , and sir robert gravenor defendant , touching matter of armes , the attestations taken by commission from john of gaunt , the earle of darby , the e. of northumberland , the duke of yorke , and the earle of arundell , are for ought appeares without oath ; for whereas others are sworne the entry of their deposition is : ( pray and requests according to the right of armes by the procurator of master rich. scroope , to testifie and say , &c. ) and amongst others the earle of devonshire was examined by commission , by iohn kentwood , who in the returne of his commission and the depositions certifies the court , that hee had swore all the witnesses there being none of the nobility but only the earle in his returne , who was not sworne , but spake in the loyalty of his chivalery . but in the multitude of witnesses of this cause , divers barons are sworn as the lord poynings , the lord scales , the lord gray , the lord ruthen , the lord basset . to every of which names in the attestations is added ( sworn and examined ) and agreeable hereunto is the examination in the case of alice pierce , in the beginning of rich. the . barons answering to bils as defendants . for barons answering in chancery as defendants , are divers presidents of such their answers in the times of h. the , and henry the eight : but there are none of that time that cleeres it whether they were sworne or no ; for the answers of that time , as also of the time following , till about the middle of elizabeth or later , are frequently filed without any jurat . to them . bvt under queene mary , in a suit by william armer against thomas lord wentworth , touching the inheritance of copy-holders in stepney , the defendant presents in his answer with master sackfords hand to it , who was his councell . ( and on the upper part of his answer wher iurat . is sometimes but rarely in that age written ) these words are found , this answer is made by councell and the defendant not sworne by order of court . then in queene elizabeths time the lord dacres being plaintiffe against the lord buckhurst , and parker , and manwood , these two defendants are sworne , but not the lord buckhurst . and afterwards the lord buckhursts answer is inscribed per traditionem comitissae super honorem suum . so the countesse of northumberland : in virtute honoris sui agnovit responsionem suam esse veram : as the entry is upon her answer at that time . and in the countesse of rutlands case where she with sir george shaworth were defendants about the later end of queene elizabeth , the dedimus potestatem was to answer upon his oath super evangelia , as also a dedimus towards the end of queene elizabeth , was directed to roger bromeley , and richard upon the bill of complaint of one brooke against george earle of huntington to take his oath super honorem , &c. about which time also the lord eure put in his answer super honorem only to the bill of john barnes and robert talbois . in other courts as the starr-chamber , and court of wards , it was questioned in queene elizabeths time whether barons being defendants , should put in their answers upon oath , and in the court of wards an order was made in the lord mountagues case , that they should and that so the course should be henceforth constant . the like course hath beene held of late in the starre-chamber , as also in the eccl●siasticall proceedings , and about the end of queen elizabeths time in chancery , also the lord wharton by a compulsory order answered there upon oath . and within these few dayes the earle of shrewsbury was ordered to answer upon oath to one revell being plaintife there , and divers noble men have beene sworne to their answers in chancery since the beginning of the king , and some in queene elizabeths time also , neither is the time of queene mary and edward the sixt wholy without example , but the summe of all seemes this that according to the clayme of the barons in . e. . they were not anciently till about the end of queene elizabeth , or the time of king james , and of our present soveraigne compellable to sweare to their answers , for the first compulsory order falls in the . of eliz. in the court of wards , but that some of them taking no advantage of their priviledges in this case , voluntarily tooke the oath , and others standing upon their ancient right , put it in onely upon honour , as also we see in that case of gravenor and scroope , and alice pierce under richard the first , for it were not a speciall priviledge it will fall out , that in all the examples where they were not sworne , the iudges committed great injustice in receiving their answers , and depositions without oath , if they had not beene subject by compulsion to an o●th , no otherwise then if a iudge of the common law should admit evidence given to a iury , or take a verdict without oath which were not excusable . and a few examples of giving in their answer without oath , upon this reason are of great weight against many that shewed that they were voluntary sworne , and these orders which were compulsory , are of so late time , and of so weak power , that they cannot at all take any right from the baronage which was before setled in them . examined as plaintifs in actions of debt upon arrerages of accompts . by the statute of . henry . cap. . in actions of debt upon arrerages of accounts , the iudges have power to examine the attourney of the plaintife , or whom they please , & this examination was meant , and hath beene practised upon oath , yet in action brought by the lady of abergavenny , being a baronesse against another in the time of henry the sixt : when the counsell of the defendant desired that the plaintife might be examined , cockanie the iustice said that they should not doe well to make her being a baronesse , come to be examined . and how ever the statute were generall for high as well as low ( as the words of the bookes are ) yet hee saith the law will bee otherwise , and different betweene another common person . of the forme that was used in swearing of spirituall and temporall barons . in the forme of swearing the promissory oath , a difference hath been amongst the barons of parliament , the temporall barons under henry the . sweare with their hand upon the booke , the spirituall with their hand upon their breast , first the one tactis the other vis●s evangeliis : anciently this oath was taken by the lords in the house upon the arch-bishops crosse . to this day the spirituall lords have challenged it , & sometimes have used to sweare visis onely as a thing to be done by the priviledge of the church . but there is the testimony that shewes , that all the bishops in a provinciall synode did sweare here their iuramentum corporale which is tactis & howsoever if it be a priviledge of nobility in some other states or of gentry to depose by writing without a corporall oath , as in bohemia , austria bavier &c. yet there is no sufficient certainty , with us for a● establisht difference of forme in swearing . chap. ii. tryall by peeres . in all cases of treason or felony , or misprision of either of these offences , a temporall lord of parliament is to bee tryed only by his peeres , if arraigned by inditement per judicium parium suorum , or of . or more temporall barons of parliament . this holds as well in all cases made treason or felony by statute , as received anciently to be so by the common law , as iustice stamford expressely affirmeth , although usually in statutes which make treason or felony a speciall clause bee inserted for peeres to be tryed by their peeres , as also to the now tryall where perhaps more need was of such a clause , upon the statute of remainder made for tryall of offences committed by the english in scotland ; it is added that if the offender bee a peere of the realme , then his tryall shall bee by his peeres ; and this is cleere for all temporall barons and their ladies ; but it hath beene doubted whether the same law bee in case of tryall of spirituall barons or no , and without doubt one speciall argument among others hath beene made from the name of peeres some concluding thus : spirituall barons are no peeres : therefore not to be tryed by their peeres , others for the other part thus , spirituall barons are peers therefore to be tryed by their peeres , but of these two arguments , the first is false in matter , the second in forme . for the first it is true and plaine , that spirituall lords have beene peeres , and of the antecedent false : the testimonies justifying them to have beene , so are very frequent in the bish : of winchesters case , who departed from the parliament at salisbury , about the beginning of edward the third : and was questioned for it afterwards in the kings bench , hee pleaded to the declaration : quod ipse est unus ê paribus regni & praelatus &c. and in that short disputation of the case which is lest in the the yeare bookes , hee is supposed cleerely both by the court and councell to bee a peere . so afterwards under the same king , in a writ of wards brought against the bishop of london , he pleaded to issue and the defendant could not have day of grace , for he said as the words of the booke are ) that a bishop is a peere of the land . et haec erat causa &c. and in a like case upon an action of trespasse against the abbot of abyndon who was one of the lords spirituall , day of grace was denyed against him , because he was peere de la terre . so expressely upon the question of having a knight returned into a jury where a bishop was defendant in a quare impedit , the rule of the court was that it ought to bee so , because the bishop was a peere of the realme . so the iudgement given against the bishop of norwich in the time of richard the second , hee is in the roll expressely allowed to bee a peere , for hee had tooke eeceptions that some things had passed against him without assent or knowledge of his peeres of the realme . to which exception the answer was , it behooves you not at all to touch your prelate of onely certaine misprisisions , which you as a souldier of the king , &c. have done and committed , &c. here is to be avoided that challenge of stafford , arch-bishop of canterbury under edward the third , when upon his being excluded the parliament , he thus challenged his place . ego tanquam major par regni post regem vocem habeus jure ecclesiae mea tantum vendico & ideo ingressum in parliamento peto , the same is justified by the clergy touching their ius paritatis before recited at large and entered in the parliament roll . and in the assignement of the errours under henry the fifth , for the reversall of the attayndor of the earle of salisbury , one errour is assigned that iudgement was given without assents of the prelates which were peeres in parliament , and that although that were adjudged to bee no errour , yet it hath been allowed cleerely in the roll , and the petition that they were peeres . so in an act of parliament under the same king , the bishops and arch-bishops , and arch-bishops of ireland , are called peers of that kingdome , and divers other passages occurre touching this name of prelate , neither could any scruple bee further made of it , untill the passing of an act of this parliament . . car. . but as this is cleere that they were peeres , so also it is cleere that they were not by the lay to bee tryed , as temporall barons by their peeres , and the conclusion of the contrary drawn ( as before ) out of that that they have been peers , is wholy without consequence , this having been a point of the common law , as it is distinguished from acts of parliament , which falls out generally to bee onely the knowne and received custome within the kingdome , if the practise and custome within the kingdome be therein observed , the point of law may bee soone resolved . in the practises and customes divers bishops are found to have beene arraigned , and legally tryed upon capitall offences , yet all that have beene so , have had their triall onely by common iuries , and whether by statute any alteration bee of this common law shall presently be examined , there being many bishops now to be tryed . that practise and custome appeareth in particular examples found from the time of edward the second to the age next before us thus collected ; adam bishop of hereford under edward the second , was indicted of divers felonies , and of joyning with roger mortimer , hee is arraigned in the kings bench : and upon question how hee will be tryed , he saith : quòd ipse est episcopus heref. ad voluntatem dei , & summi pontificis , & quòd materia praedicta articulorum sibi imposit . adeò ardua est quod ipse non debet in curia sic super praedictis sibi impositis respondere , nec inde responders potest absque offensu divino & sanctae ecclesiae : hereupon day is given over , and then the inditement is brought into the parliament , whereupon his arraignment , hee give● the like answer , and walter arch-bishop of canterbury petit eum , & ei liberatur , and this is commanded that hee have him ready at a certaine day in the kings bench . et praeceptum est vicecomiti hereford . quòd venire faciat coram domino rege tot & tales &c. ad inquirend. . prout moris est &c. and a common iury is returned which finds the bishop guilty , whereupon hee is committed to the arch-bishop and convict , and his lands and goods are seised into the kings hands . here was the bishop tryed by a common iury , although it appear●s both in the record , and in the history of that time , that the whole clergy earnestly indeavou●ed to have kept him from conviction , but no pretence of any right of tryall by peeres is once mentioned in this behalfe , though other complaints are full enough expressed against the whol● proceedings . vnder edward the third iohn de isle brother to thomas hen , bishop of ely , was indi●ed in huntingtonshire ; that he with divers others per assensum , & procurationem episcop . . e. . die lunae post festam sancti iacobi , burnt the house of the lady wake at colne , by sommersham , & quòd praedictus thomas episcopus sciens praedictam combustionem per praedict. servientes suos esse factam dictos servientes apud somersham postea receptavit , &c. and also it was found before the sheriffe and coroner that edward the third , the bishop was guilty de assensu of the murther of one william holme , slaine by ralph carelesse and walter ripton called little watt , upon malice conceived against holme , because hee followed the suit of the lady wake , the principalls were attainted by outlary , the bishop was arraigned , and upon question how hee would bee tried dicebat quòd ille est membrum dom. papae , & quòd ipse ab ordinario suo viz. venerabili patre domino simono archiepiscopo canterburi . angli● primat . respondere non potest . et super hoc idem archiepiscopus prasens hic in curia petit , quòd dictus episcopus eliensis de feloniis pr●dict . sibi impositis hic coram laico iudice , non cogatur respondere , & ut sciatur inde rei veritas per inquisitionem patriae &c. praecept est vicecomiti huntingdon , quòd venire faciat coram dom rege in octab : sancti mich. &c. ubicunque &c. , de iust. de somersham & idem dies datus est episc , &c. ad quem diem coram domino rege venit praedict. episc in propria persona & similitèr iurat . veniunt qui elect● , tricati , jurati & onerati , si idem episc de assensu pr●dictorum rand. & walter . & de recept. . eorundem sit culpabilis , nec non dicunt super sacramentum suum quod idem episc est in nullo culpabilis , sed dicunt quod idem episc. post feloniam receptavit ip●os apud somersham , sciens ipsos feloniam fecisse . ideo inquiratur de bonis , catallis , terris & tenementis &c. et super hoc praedictus archiepisc . presens in curia petit ipsum tanquam membrum ecclesiae sibi liberari , & ei liberatur oustodiend . prout decet , and writs were sent out to the sherifes of all shires where hee had goods or lands to certifie them for the kings benefit , and in this record it is observable that the iurors were tried , which proves , that the bishop had his challenges to them at his tryall . about the beginning of henry the fourth , thomas merke bishop of carlisle was indited of treason before thomas earle of warwick , and other iustices of oyer and terminer in middlesex , the bishop standing before committed to the tower for the same offence . et hoc justiciar . praedict. recognit . mandatum est constabulario turris praedict. vel ejus locum tenenti quod corpus ejusdem episcop . habeant , vel alter eorum habeat coram praefatis iusticiariis apud turrim praedictam die mercurii ex tunc proximo sequente ad respondendum domino regi de proditionibus &c. and the precept est vicecomiti london , quod tunc venire faciat coram praefat. iusticiar . apud turrim praedict. tam aldermannos & cives quam alios probos homines de vicineto warder . praedict. . baynards castle & dougate qui praefat. episc. nulla affinitate attingunt ad faciendam tunc ibidem deliberationem de dicto episcopo prout moris est secundum legem regni angliae ad quem diem & locum , the bishop is brought before them , and a writ comes from the king to the said iustices reciting that licet in statuto apud westminsterium nuper edito inter caetera continetur quòd nullus archiepiscopus , nec episcopus coram iusticiar . nostris occasione alicujus criminis impetatur absque speciali praecepto nostro quousque aliud remedium inde foret ordinatum de advisamente tamen consilii nostri vobis mandamus quòd si aliqui archiepiscopi , vel episcop . coram vobis impetiti vel judicati existunt , tunc ad deliberationem ipsorum procedatis prout de jure & secundum legem regni nostri angliae fore videritis faciendum , statuto praedicto non obstante , i este me ipso apud westminsterium . die januar. anno regni nostri primo . this writ being read in the court , the bishop was demanded how he would be ●ried , hee first stands upon the priviledge of the church , to whom the iustices reply that the offence was so high , that hee must answer them with protestation of saving the liberties of the church , hee pleads not guilty . et inde de bono & malo ponit se super patriam , inde fiat inde iurat , hoc instante die &c. the iury findes him guilty , but the iustices being not advised of their iudgement , returne him to prison , the record was afterward removed in the kings bench , and the bishop renders himselfe to the prison of the marshallsea ; and then being asked if hee had any thing to shew , why iudgement should not bee given on him hee pleades his pardon , and it is allowed him . to these presidents a learned iudge in queene maries time saith divers were agreeable . among which are specially to bee accounted those of the bishop of rochester in the time of henry the eight , and of cramner arch-bishop of canterbury under queene mary both tryed by common iuries : neither is there any example extant from the first memory of a legall tryall of bishops which is under edward the second , that testifieth any tryall by peeres belonging to a bishop , and accordingly hitherto it was taken cleerely by that learned iudge of queene marie's time , that no ancient statute speaking of tryall by peeres , hath beene put in ure to extend to a bishop , or abbot , although they enjoy the name of lords of the parliament , for they have ( as the words are ) this name of bishop or abbot ratione officii being not chosen in parliament in respect of their nobility , but in respect of their possessions the ancient baronies annexed to their dignities according to which there are divers presidents , whereof one was in the time of h. the . where also it is as judiciously & modestly affirmed by a most learned man of this kingdom that the spirituall lords enjoy all legall priviledges , as the temporall barons do saving only this tryall by peeres . that which may be here objected out of the statute of the grand charter wherin every man ought to be tried by his peeres , id est , juditium parium suorum , or out of the statute of . e. . by which all treasons are to bee tried by men of the same condition , of which the offender is , may easily be answered ; for both these anceint statutes are now to be interpreted , as it is clerely taken in continuall practise , and in the books according to the known use of the legall proceedings , and not by literall interpretation of the words , as it is plainly seene in both of them : for all gentlemen , esquires , knights , batchellors and bannerets , and at this day bannerets are accounted peeres , not only amongst themselves , but also to all other men of the lowest condition which yet cannot be out of the force of the word , only the like appeareth in that non amercientur comites , vel barones , nisi per pares suos . and it is shewed in the title of amerciaments , wherein that which the statute referres to peeres is done so by iudges . and this of bishops referreth to those statutes is only to be adjudged according to use and practise , which is the best interpreter of the statutes and not by the meere interpretation of the word peeres . and it is most likely that if any such right had anciently belonged to them , not only they themselves , but the temporall baronage under h. . protesteth by the mouth of viscount beaumont for their triall by peeres , when william de la poole put himselfe upon the king and not on his peeres , in such sort as those bishops put themselves on the pope , and not upon any legall triall . but one particular case is here to be added touching this right singled by it selfe , that is , triall by peeres upon the third offence against the statute of service and sacraments , under queen elizabeth , for the known triall by peeres , is in cases of treasons or misprisions , or one of them . and triall by peeres saved to the baronage in the statute of new treason of felony hath reference only to the known use of such triall , so that in those new treasons , or felonies , such as for other offences , which were before treason or felony , were to be tried by their peeres , are likewise ( and none else ) to be tried by their peeres for new treasons or felonies , and therein the spirituall lords are equally excluded . but this of the third offence , against that statute , is neither treason , felony nor misprision , but a trespasse , punished only by forfeiture of goods , and perpetuall imprisonment . in which case this act saith without reference to the use of triall by peeres , as it is usually expressed in other statutes , that all and singular lords of the parliament for the third offence shall be tried by their peeres . chap. iii. scandala magnatum . if any person shall divulg false tales of any of the lords of parliament , by which dissention may bee betwixt the commons and them , the offender is to be imprisoned untill hee bring forth the author , but this also is communicated to the grea●er officers of the kingdom . chap. iv. proces against them in english courts , by bill and answer . the course of the chancery is , and of the late starcham . was that the chancellor writes to the lords of parliament , and sends out subpoena's and usually his letters are prayed in the bils that are exhibited against them . but whether upon a barons not appearing on a subpoena , an attachement may be awarded hath been a question , neither do i find it cleerely resolved otherwise than that in later times , the practise is , that it may : but in the time of queen elizabeth , in a suit between tavernor and the lord cromwell the defendant disobeying an injunction in the chancery , it was questioned what course should bee taken against him , and upon good and deliberate advice taken by the court , having the opinion of some of the iudges herein , an attachment was awarded to the sheriffe of norfolke and returned so and the sheriffe had his costs for bringing him . this attachment was awarded in michaelmas terme and in hillary terme he was returned so , but afterwards there being a parliament began in may , and ended in june ; the lord chancellor complained of it , and it was pretended that it was gotten in court , in the absence of the lord chancellor , and advice was had with councell , and iudges , and it appeares not ( as the words of the iournall booke are ) that by the common law or by any presidents of the said court of chancery , it was warranted that the person of any lord having place and voyce in parliament ( in the like case ) in the said court of chancery before this time had been attached , and therfore they took it to be against the priviledges of the lords of this kingdom , and he was discharged . but for that of attachment upon subpoenas , and in the course of proceeding against noble men by such writs or bils as are used in the exchequer , chancery or elsewhere , it is not likely that any certain , course of ancient common law , or proceeding in equity can be found to justifie it at all either against them or any other persons beyond the time of r. . under whom john waltham , bishop of salisbury , and chancellor of england brought in the writs of subpoena , & caeteris de causis , in the chancery and the exchequer , by example whereof other courts have used them , against which the commons passed a bill in parliament under henry the fift , but the king would not give assent to it . the like is found under henry the sixt , and henry the fourth . chap. v. their number of chaplaines qualified . by the statute of pluralities , every arch-bishop may have eight chaplaines that may take dispensations for a plurality , but for the plenty of schollers of good ability in arts and learning , it is like the law in these points will be altered , that they all have and none want convenient benefice . every marquesse and earle , may have chaplaines . every viscount , may have chaplaines . every bishop , may have chaplaines . every temporall baron , may have chaplaines . every dutchesse , being widdowes two . every marchionesse , being widdowes two . every countesse , being widdowes two . every baronesse , being widdowes two . chap. vi . their retaining of strangers . a baron of the parliament may keepe six strangers borne out of the kings obeysance at one time , whereas another man may retaine not above foure . chap. vii . clergy . vnder edw. the sixt , a priviledge was given to the nobility , that in all cases where a common person , as a clerke convict shall and may have benefit of his clergy , and in all cases where priviledge of clergy is restrained , or taken away by that statute except in willfull murder , that is , burglary , robbery , by or neere the high-way , stealing of horses , and sacriledge ; a lord of the parliament and peere of the realme should at the first offence , only of common grace without prayer have benefit of the clergy , and stand as a clerke convict to make purgation , although hee cannot read . but as stamford notes in all other cases , in which clergy is taken away since that act. a baron of the parliament is in the same case as any other common person is ; and by acts made since , it was taken away generally . for stealing of horses , . e. . cap. . robbing in dwelling houses , &c. in or neere the high way , . e . c. . burning of houses or barnes , pety treason , phil & mar. c. . stealing of s. in any dwelling house or any place adjoyning , . eliz. cap. . stealing of d. or more without the knowledge of the person , &c. . eliz. cap. . burglary and rape , . eliz , cap. . killing one that hath no weapon drawn , jac. cap. . chap. viii . their liberty of hunting in the kings forrests . qvicunque archiepiscopus comes vel baro veniens ad nos , per mandatum nostrū transiret per forestam nostram liceat ei capere unam bestiam vel duas , per visum forestarii si presens fuerit , sin autem faciat cornare , ne videatur hoc furtim facere , hoc liceat eis redeundo facere sicut praedict est : and this hath been interpreted to the comming of a lord by summons to the parl. by proces out of the chancery , kings bench or otherwise , where the returne is coram rege . chap. ix . amerciaments . in case of amerciaments of barons of parliament upon nonsuits , or other iudgments , ending in misericordia , there is a speciall course , both for the summe and the way of assertaining of it , which differs from the amerciaments of cōmon persons . for the summe , the amerciaments of an earle , or spirituall , or temporall baron is equall , that is , l. of a duke , l. and the sessing of this is by the kings iustices , before whom the action dependeth . the iustices in this place supplying the roome of peeres , by which according to the grand charter they are to be amercied , as expr●ssly it is affirmed in the iudgement under h. . against the earle of northumberland , where the words of the iustices are , insomuch as an earle is a peere of the re●lme , he shall be amercied by his peeres , according to the statute ▪ and therefore we put not the amerciament i● ce●taine . and thence and thus is the grand charter to bee understood that saith , c●mites & barones non amer●ientur , nisi per pares suos , but continuall usage hath thus ( as before is shewed ) interpreted that priviledg and so hath the practise been , and thence was it under e. . a writ was directed to the iustices of the common pleas that they should not amerce the abb●t of crowland , tanquam baro , because he did not hold per baroniam , aut partem baroniae . for this of amerciament while there were no other titles of greater nobility but earle and baron , which was in the time of e. . who created the first duke in england , as rich. the . the first marquesse ; and h. . the first viscount . and the amerciaments of the lords of the parl. were all at l. whence also is generally so affirmed in the statutes of ireland under h. the sixt , that every lord that is called l. of parl. in all places aswell personall as reall , in which amerciaments do ly , shall be amercied at s. but when other dignities were made , and it seemes according to the proportion of the releifes , paied by those new dignities , for a duke is to be amercied at double the summe of an earle that is l. as his reliefe is double , which is . chap. x. no processe in civill actions to bee awarded against the body of a baron . no baron of the parliament or baronesse is to be arrested by capias upon action of debt , account , trespasse or the like , but they are to be distrained only and pay issues , retorned for an apparance . the reason of this was anciently , because the capias in such cases , goes out only upon nihil habet , retorned by the sheriffe which could not be for a baron who was ever to be supposed to be seised of his barony , by which he might be distrained and lose issues . although the reason failes now in those that have not more than the names alone of their baronies , yet the same law still remaines , but this limited to actions between party and party , and party for in cases of rescues , felonies , or the like , where the offence is immediatly to the king , a capias lies against a baron of the parl. and it is as other priviledges which are legal in england , limited also to the barons of the parl. of england , for it appeares under r. . that in an action of debt , a capias was awarded against the countesse of ormond , being one irish baronesse , and participating of her husbands dignities as our ladies in eng. neither can a baron of ireland be tried here by the peeres of eng. for they are not his peers , no more than the l. zanchar might being a baron of scotland , who was indicted and arraigned only by the name of rob. creighton esquier and upon this reason , that he was no baron of parl. tried by a common iury . thence it is also that an earle , baron , or duke of france comming into engl. by the kings safe conduct shall not in any legall proceedings be stiled so , as appeares in the time of edw. the . in the case of the e. of richmond , being then duke of brittaine , and in the case of sir john douglasse under edw. the . and the reason why s. gilbert humfravill , in the time of edw. the . was legally to have his title in writs of earle of anguish , was because that in that age the e. of anguish by that name was l. of the parl. as it is expresly noted in our year-books . and this difference it seemes hath beene here between temporall dignities , and spirituall , that in regard the temporall state of england was ever held as severed and distant from other states , not at all communicating with them in civill government . therefore forraigne dignities which are of the civill part of states , had no respect given them as appeares in the examples already brought . but on the other side in dignities spirituall , because there was anciently through christendome supposed an unity in the church . so that england with forraigne nations , and they with england ( as membe●s of one body had a mutuall reference to each others countrey ) was legally valued , as bishops in england , as may be seen in that case of the bishop of v●recht ( for this is the right name , though it be printed vrston ) under e. the . where being made bishop of vtretcht makes a prebend of england so the title of cardinall was usually given in legall proceedings to such as had that dignity in england , whence also the archbishop of raguse being parson of a benefice in the bishoprick of carliste , under king john was ( it seemes ) to have been accounted here also an archbishop for dignity , though not for iurisdiction . chap. xi . a knight to be retorned upon every pannel where a baron is party . in every iury impannelled between any baron of parl. and other person whatsoever , one knight at the least is to be returned , which failing the array may bee quashed by challenge : a testimony hereof aswell for spirituall as temporall barons is frequent . chap. xii . no day of grace against a baron . if a baron of the parl. be plaintif or defendant in any action , and the plaintife or defendant pray a day of grace , he shall not have it against him , and this is expresly affirmed in the books . chap. xiii . making deputies of places of trust committed to them . o● late years it was agreed in the case of gilbert earle of shrewsbury that whereas the office of steward-ship was granted to the earle of rutland , without givi●g power to make a deputy ( and this by q. eli●abeth ) that ●et he might exercise the same office by deputy , by reason of the n●c●ssity that is supposed in the lawe to be of the ea●l●s attendanc● upon the king and the gov●rnment of the kingdome , the same reason is it seemes for all barons . finis . notes, typically marginal, from the original text notes for div a e- u. ▪ dyer . parl. eliz. dyer par . ● . & . eliz. & l. ●ac . &c. rot. parl. . e. . rot. . dor●o : mareli in dye● parl ● . hen : : see . e. . fol. . scroope . rot. parl. , e. . m. . boges of bovons , iohn deverell . thomas gournev , william of ocle . iohn of gomeniz . william of weston . the same petition is in the roll of petitions , of the first of r. . it & ultimo . iohn lee steward of the household the● . ●at . alice piere cavendish against pool c●ancellor . ●ot . parl. . ● . art. ● . ● . e : . fo : hadlowes case parl. r : . m. . art : . r. ● . art. . ● : art. . the case ●ase of the ●ate of the ●arle of sa●i●bury . ●arl . . r. ● . m . art : . & ● . art. ● . art : ● & . the case of the dane , ●nd chap●aine of ●●chfield ●nd the pray of new●ort ●annell , ● h. . fo : flower●●ens case . ●ot . parl. ● : . n : ● . ● . . see ●lso to this ●liz . stat : c●rl : & . e : . stat : d●●rovision . rot. par. . r. . m. . n. . fine . rot. . r. m. . act. . part . it was ordained in a councell held at westminster , that no clergy ma● should agitare judicium , and he that did , was to be deprived of his dignity and orders , roger de hovenden in h. . page . . & gervas . rot : proces . & judicii prob . . r. rot. parl. h. . & rot. papl . . h. rot. parl. h. act. holest● in reg. courtney , . dyer ● eliz parlia. yet the act of this year as of most others , is domin . tam spiritualiū quam temporalem assensu . h , . f. b. vel b stat. . e. . cap. . rot. parl : . e. . petit . . . e. . petit . . . e. . art . . parl. r. . art . . stat. . r. . c. . & h. . fol. . nat. brev. fol. . notes for div a e- johan . reg p. h. . idem pag . & . . h. ro. parl. rot. parl. ●t . h. . m . art . : & h. . rot . parl. . ●tat . . r. ● . c. . & . rot. parl m. . parl. an. art . ● . dyer , . h ● . parl. stat. jac. . & . ●ap . . stat. . eliz. c. . vel . lib . c. de essoniis , c. . & . &c fo. . henry . fol. . a . e fo. . h. . fol. . a stamford , lib. . cap. . cooke , liber . fol. . . . e. . fo. . . lib. ass. . h. . . a. . e fo. . a . h. . fo. . cook ●ib . fo. . regist. orig f. . b. fitz. nat. bre . f. . eodem parl. in arce london . e. coram rege , ret re●ep . scaccarii . art. in f●ro deleg . mich. : eliz in ar cur. apud examinar . ro. pro . r. . & . in ar. lond ro● . parl. ● r. . art . : ● . r . & m. & fasce in sacello● . . iunii mich. . & . eliz. . eliz. . eliz. sept. mr. . & ● . eliz. el●z apud tothill . o●do . lib. . ja● . in chanc. mic. . iac. mic. winton . com. pemb. pas. . com. sinc . hill. . com dorset . & dominus russel pas. . jac. hough●on . eliz. butter vers dom. mordant m. . & eliz. campz . v. com. bedfo●d-mich . . . eliz. ibidem butvers dom. rich. hill. . viscount . mountag : &c. h. . & . . h. . fol. . & . rot. parl. h. . part . . m. . m. . parl. . e. . n. circa e. ● . de templo in anonimi chron. gal. observ. prac . . fol. . not in appeales . eliz. . b. lib. in tract tit. appeale de mort. . stamf. &c. h . . an. . . . e. . . an. stamf. lib. cap. . cooke lib. fol. . b. stat . . iac. cap. . stat . . h. cap. . cook . lib. . fo. . b. pas. . e. c●ram rege rot. . rep. e. fo. p● : . . e. . tit. enquest . tit. challenge . plowden com pl. & ve . hill. . e. . ro● . . coram rege . stat. . h. ca . . h. . tryal . hill . e. . rot. . dorse coram rege & rot. rom. m. . thomas walsingha● fol. . transert . t●i . . e. . rot. . rep. ●tamf . lib. ● . fol. . ●empore● . . pro triall . ●tamf . lib. ● . pag. . ●ambd . in ●●rdi angl. mar. dyer fo. . hollenshead cron. fo. . surpleis . case . coo. fo . parl. . h. . stat. . eliz. c. . laurence iennius li. a cromp. iuris● . f. . dyer , par● . iun . eli. & dyer fo. . & rot. parl. . h. ● . parl. . m. . n. . rot. parl. . h. . n. . & parl. h. art : . parl. cor. lib. . fo. . a. e. fol. ● . a. . ● . ● . f. ● b. . h . a . h f. b . e. ●f a. . e. . f. b. . h. . f . b. cook l. f. ● . gr●sseys case . c. : li. . de cor c. . fol. . b. claul . . e. . m. . . h. . a. cooke lib. . fol. . b. h. f. . a. . a. . b. . ass. pl. . eliz. dyer . fol. . trin. ●hen . . rot. . coram rege cromw . libr. introt & tit. error . utiary . . r. . tit. retorn del . vîc. . . h. . tit. process . . . . h. . fol. . b. v. ass. . ● . fol. . b. . eli. f. . b & claus. . e. . m. . e. . tit. trial ▪ extra . tit. derenuntia . cap. . ad supplicationem . . e , . tit. challeng . & tit. enquest . . ploud . com. l. . & & phil. & mar. dyer f. . & . ●l. idem f. ● . . h. . ●● . b. . e. . f. . ● . . e. . f. ● . b. . h● . f. . b. te j●. f. ●cook● 〈…〉 a vindication of sir vvilliam lewis from one part of his particular charge by an undeniable evidence of ancient date. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a vindication of sir vvilliam lewis from one part of his particular charge by an undeniable evidence of ancient date. prynne, william, - . , [ ] p. [s.n.], london, : printed in the year: . attributed to william prynne by wing. annotation on thomason copy: "july th". reproduction of the original in the british library. eng lewis, william, -- sir, fl. . england and wales. -- parliament. -- house of commons -- expulsion -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a vindication of sir vvilliam lewis: from one part of his particular charge by an undeniable evidence of ancient date. prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of sir vvilliam lewis from one part of his particular charge by an vndeniable evidence of ancient date . london . printed in the year : ●● a vindication of sir william lewis from one part of his particular charge , by an undeniable evidence , of ancient date . whereas in the printed particular charge of sir thomas fairfax and the army under his command against the xi . members pag . among other things , it is charged against sir william lewis that he being heretofore ( during these troubles ) governour of portsmouth a garrison for the parliament , in which time he received much of the publique treasure , for which he hath not yet given an accompt . to manifest to all the world the falsness and injustice of this part of his charge , ( by which ye may guess at the truth of the residue ) we have thought meet to publish to the world this ensuing certificate of the committee for taking the accompts of the whole kingdom , of the said sir williams accompt touching the moneys pretended to be received by him , as governour of portsmouth , long since presented to the house by the said committee , with this special encomium , that they found it to be a very fair and just accompt : which certificate was thereupon allowed and confirmed by the special order of the house , which certificate followeth in these words . we of the committee appointed by ordinance of parliament of the . febr. . for taking the accompts of the whole kingdom , do hereby certifie and declare that on the . day of june . sir william levvis knight delivered upon oath , according to the said ordinance , his accompt for all moneys by him received since the first of august , . to the the . of june . together with his disbursments for the taking in of portsmouth , pay of 〈◊〉 garrison , and other occasions there , 〈◊〉 〈◊〉 〈◊〉 : which accompt with the vouchers and discharges touching the same , by him produced and left , we have examined , and find the receipts upon the said accompt to be l. s. . d. besides the summe of l. taken up at interest of alexander holt the . of april . upon the bond of sir william lewis , master wallop & mr whitehead which in all amounts unto the summe of l. s. d. and we find that his disbursments amounts unto the summ of . . . so that there remaineth due unto him , which he hath payd out more then he hath received , the summe of l. s. d. besides the summe of l. s. d. for the pay of companies in april . which is secured unto him per an ordinance of parliament dated the of may . and the said sir william lewis , mr wallop and mr whitehead are to be secured by the state from payment of the aforesaid summe of l. borrowed of mr holt the . of april . and from such interest as is ( or shal grow ) due for the same . and having received the vouchers of the said sir william lewis , do according to the power given us by ordinance of parliament acquit and discharge the said sir william lewis his heirs , executors and administrators of and from the several summes of money so by him accompted for , as aforesaid . in witness whereof we have hereunto subscribed our names . john glover henry hunter lawrence brinley john stephens daniel hodson edward meade thomas hodges john gregory oliver clobery . london . march , . copia vera . finis . the remonstrance of the soldiery to the right honourable, the lord mayor, aldermen, and common councell of the city of london england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the remonstrance of the soldiery to the right honourable, the lord mayor, aldermen, and common councell of the city of london england and wales. army. corporation of london (england) lord mayor. sheet ([ ] p.) s.n., [london : ] tendering their services to obtain a free parliament at the time of the negotiations between the city and general monck. imprint from wing. annotation on thomason copy: "feb. . ." reproduction of the original in the british library. eng albemarle, george monck, -- duke of, - -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the remonstrance of the soldiery to the right honourable, the lord mayor, aldermen, and common councell of the city of london. england and wales. army. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the remonstrance of the soldiery to the right honourable , the lord mayor , aldermen , and common councell of the city of london . while the loud cry of our opprest country , is now every where resounding and reaching up to heaven , against the intollerable tyranny of our false and treacherous masters , who with good words , a bit and a knock have drilled us on to the utter ruine and dishonour of this once glorious kingdome ; and being now made sensible that we carry our armes meerly for the safe-guard and upholding of a desperate crue , whose demerits suffer not their guilty souls to think of any expedient or remedy to cure any distresses but their own ; that therefore we may ease their mischievous brain of any further designes tending to the accomplishment of our poor countries slavery , which they can obtain and effect by no hands but ours ; and to ease our minds and consciences of that accessary guilt , with which we may be justly charged . vve do remonstrate and declare , that seeing it hath pleased god by his vvisdom and justice to make our old officers that were the instruments and authors of all that confusion and ruine which hath overwhelmed these nations since a hissing and shame to all the vvorld , and that by a rod of their own making , thereby to undeceive and rightly inform us of our unlawful continuance in this our present military employment ; that vve do from our very souls desire a dismission from under the command , and ( we were a going to say ) pay of this arbitrary tyrannical power , and would presently disband our selves , and desert our colours if it were not folly and madness to expose our single individual selves to the fury and rage of our masters , who being backt by general monks neer assistance , would otherwise wreak their utmost revenge upon us . vve do therefore unanimously , cordially , and readily tender our service , our lives and fortunes to the right honourable the lord mayor of the city of london , to be directed , employed , and ordered as to his lordship and his grave councel shall seem convenient , being ready with any the utmost hazzards ( though we suppose the name of our assistance to his lordships just endeavours after a free parliament will doe the work ) to redeem our miserable country , and our former honour and renown . to that purpose we have secured our armes , and are resolved never more to submit to the members at westminster , till it be a free and full house ; and if room must be made for the scotch army our lovely brethren , it shall be no way inconsistent we think with the liberty of the city to admit and entertain us for guests , seeing it hath pleased god out of mercy to this nation to make us all of one mind and heart , to the bringing about his intended mercy to it . vve have now ecchoed the universall desires of the nation , and if your petitions and civill extraordinary addresses to ( as we hope that honourable person ) generall monke do not prevaile , say but the word onely , and give us some commanders , and you shall see the answer and effect of our drums and trumpets . postscript . the purport of this remonstrance was in our intentions long before ; but the change of our officers and the distrusts and divisions cunningly fomented by them among us , retarded the addressing of it to your lordship ; but we hope it is now come in its best time . a declaration of the lords in parliament assembled concerning the committee sitting at goldsmiths hall for composition of delinquents estates. die lunæ februarii . england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords in parliament assembled concerning the committee sitting at goldsmiths hall for composition of delinquents estates. die lunæ februarii . england and wales. parliament. house of lords. sheet ([ ] p.) printed for john wright at the kings head in the old bayley, london : . [i.e. ] order to print signed: joh. brown cler. parliamentorum. declares the committee to be without authority. withdrawn on feb. due to objections from the house of commons. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . attachment and garnishment -- england -- early works to . estates (law) -- england -- early works to . great britain -- history -- civil war, - -- confiscations and contributions -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords in parliament assembled: concerning the committee sitting at goldsmiths hall for composition of delinquents estat england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ a declaration of the lords in parliament assembled : concerning the committee sitting at goldsmiths hall for composition of delinquents estates . die lunae februarii . whereas divers delinquents have formerly , and still doe addresse themselves unto some persons sitting at goldsmiths hall , and there have and doe dayly enter into agreements for the taking off such sequestrations as are duly laid upon them by ordinance of parliament . the lords in parliament doe declare , that all such compositions made by those persons sitting at goldsmiths hall with such as are under delinquency , are not authorized by any ordinance of parliament ; and that the committees for sequestrations within the severall counties of england and dominion of wales ought not to obey any order from those persons sitting at goldsmiths hall for the taking off or suspending any sequestrations upon the pretence of the delinquents having made his composition with them , untill such time as a committee , or commissioners to that purpose be setled by ordinance of parliament ; and the composition made with such committee or commissioners be likewise ratified by ordinance of parliament . ordered by the lords assembled in parliament , that this declaration shall be printed and published ; and that the sheriffes or their vnder-sheriffes shall take care to carry downe the said declarations , and that they be delivered unto the severall committees for sequestrations within the counties of the kingdome of england and dominion of wales , who are to take notice of the said declaration accordingly . joh. brown cler. parliamentorum . london printed for john wright at the kings head in the old bayley . . the case of thomas christy of bedford, esquire approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of thomas christy of bedford, esquire christy, thomas. sheet ([ ] p.) s.n., [london : ] caption title. publication data suggested by wing. dated at end: to be heard on friday the th of april. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons -- contested elections -- early works to . elections -- corrupt practices -- england -- bedford -- early works to . bedford (england) -- politics and government -- th century -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of thomas christy of bedford , esquire . the precept for the choice of two burgesses for bedford , was made by the sheriff , and delivered to the mayor the th day of february , who kept the same in his hands above days , viz. until the th of march before he would execute it , allthough mr. christie sent daily to him to know what day he would appoint , that his friends might not be surprized , and all the answer he would give , was that he should have legal notice by proclaiming the same , which was not till monday evening , and the election on wednesday after . and altho' the mayor took so much time , yet he chose to appoint the election upon ashwednesday , a solemn fast-day , knowing it would please the anabaptists and other dissenters , who are numerous in that town , ( and were all of them , and also the regulators for sir william francklynn ) but would be an offence to the church men , for that the ministers of the five parishes there , could none of them performe their duties in the churches on that day , the whole town attending the election . whether that delay was made at the instance of sir william francklin , who lodged at the mayors house all the while and spent profusely , or that the mayor being a common brewer , and serving a great part of the inns and alehouses of the town , for his private lucre , may be a question . but it is certain , that the mayor was wholy directed by him in all things touching the election , both before , at , and after the same , and would not appoint a time , until mr. christy ( being loaded with libels and slanders , and other illegal practices ) they thought themselves secure of the greatest number of voters . note , that all precepts are directed to the mayor and bayliffs , but the mayor would not shew the precept to mr. robert thomas the eldest bayliff , who had equal power with the mayor , nor acquaint him with the day of election or any other of his proceedings . upon ash-wednesday ( the day of election ) the four candidates , were sir anthony chester , barronet , sir william francklyn , knight , thomas hillersdon and thomas christie , esquires : sir william francklyn , and mr. hillersdon , having joyned their interest from the beginning : and five persons were appointed by the mayor ( by consent of the candidates ) to take the polls , viz. one for each candidate , and another for himself , who poled all that day , and on the next day till noon , and then no more persons coming to vote on any side , after three proclamations the poll was closed , and the mayor adjourned the finishing the election , unto the swan-inn ( the treating-house of sir william francklyn ) at three of the clock in the afternoon , at which time , john backwel , esquire , a member of parliament , was nominated to be a teller for sir anthony chester , john hervey , esquire , for mr. christie , and then sir william francklyn , and mr. hillersdon , being desired to name their tellers , they refused to nominate any . the eldest bayliff desired they might proceed to finish the election : but the mayor and the other bayliff by direction of sir william francklyn , adjourned the telling and examining the poll untill friday the morrow seavenight after , to the same place , refusing to give any reason , though the said mr. backwell and mr. hervey declared they should be out of the country at that time . at which friday , mr. christie , demanded that the polls might be opened , examined and compared one with another . that the number of votes for each candidate might be counted , and that they who had the majority should be proclaimed . that each candidate should have one of the five polls that were taken , or coppies thereof . all which , were desired by the eldest bayliff also , but denyed by the mayor at the instigation of sir william francklyn , who told the mayor that he was the sole judge of the matter , and might if he pleased count the polls in private , and declare who were to be returned , whereupon the mayor adjourned again until the next day to the same place , at which time mr. christie repeated his former demands , and the mayor unsealed the polls , giving out two of the originals to the persons who took them , but refused to compare them or count the numbers , or proclaim those who had the majority , but kept the other three polls himself unsealed , and adjourned until the tuesday after , at three of the clock in the afternoon , being but one whole day before the sitting of the parliament ; pretending that he would make a scrutiny for unqualified voices , but was told , that he assumed the business and authority of the comittee of elections , and that it was not in his power to expunge whom he pleased , and was asked what the qualifications were , and what did disable any to vote , which he refused to declare , and was told by mr. christy , that then it was impossible to be prepared , to prove the legality of the electors voices , and although the electors with much importunity , pressed the mayor to proclaim those who were chosen , yet he refused and adjourned to tuesday as aforesaid , when he knew that mr. christy would be out of town , and on the rode for london , to attend the publick service ; and in his absence , the mayor and one of the bayliffs have returned sir william francklyn and mr. hillersdon , altho' it appeared upon counting of the polls , that sir william francklyn had voices , mr. hillersdon , and mr. christie voices , so as mr. christie had the majority of all the candidates , and voices more than sir william francklin . note , that on monday morning , the mayor sent for such persons as he pleased to his own house , ( who all had voted for sir william francklyn ) and in their presence , without giving notice to mr. christie , had expunged out of the poll , a great number of mr. christies voices , and refused to give unto the said eldest bayliff , who demanded the same , ( and who was also to make a return ) the names of the persons which he had so put out of mr. christies voters , or the reasons why he did so : whereupon the eldest bayliff ( finding that mr. christy had the majority of voices by above forty , proclaimed mr. hillersdon and mr. christie , and sealed an indenture accordingly , which the sheriff hath also returned with the other . note also , that on the evening before the election , the mayor , sir william francklyn and others ( summoned or invited thither by them ) met tumultuously and riotously in the town-hall , where one mr. easton a draper , read publickly in the hall before all the multitude , a libellous paper against mr. christie . so the irregularities and partiality of the mayor appears in these particulars . . he did not shew the precept to the eldest bayliff . . nor acquaint him of the day of election . . but kept the precept from the th of february , to the th of march , and delayed the execution ; being a common brewer . . and gave but one whole days notice of the election . . and then chose to execute it upon ash-wednesday . . and refused to tell the poll and declare the numbers . . but adjourned from the th to the th , then to the th , then to the th of march. . all these adjournments against the consent and protestation of the eldest bayliff . . and were made to sir william francklynn's inn , and not to the town-hall . . kept the poll unsealed three days in his own hands . . expunged whom he pleased . . made himself judge of the qualifications . . refused the eldest bayliff , a note of the names and disabillities of the persons expunged . . and summoned a tumultuous and riotous assembly to the town-hall , where were read defamatory libels against mr. christie . so if mayors may return whom they please , whether duly elected or not , and not be punished for such misdemeanours , then they and not the electors choose parliament-men . but now , the mayor to colour what he hath done so unjustly , with some pretence gives out , that none have voices , but such as pay to the church and poor , whereas the usage or custom hath been time out of mind , that all house-holders have voices who do not receive collection , and so it will be proved for eight or ten parliaments successively , and such is the custome in many other places of the kingdome , and here now they were all admitted to be polled on both sides . to be heard on friday the th of april . a plea for the peoples fundamentall liberties and parliaments, or, eighteen questions questioned & answered which questions were lateley propounded by mr. jeremy jves, pretending thereby to put the great question between the army and their dissenting brethren in the parliament of the commonwealth of england out of question / by capt. william bray. bray, william, th cent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a plea for the peoples fundamentall liberties and parliaments, or, eighteen questions questioned & answered which questions were lateley propounded by mr. jeremy jves, pretending thereby to put the great question between the army and their dissenting brethren in the parliament of the commonwealth of england out of question / by capt. william bray. bray, william, th cent. ives, jeremiah, fl. - . eighteen questions propounded. [ ], , [ ] p. printed by john clowes for the author, london : [i.e. ] a reply to jeremiah ive's "eighteen questions" of nov. . a note by the publisher, p. [ ], indicates a publication date in . reproduction of original in huntington library. eng ives, jeremiah, fl. - . -- eighteen questions propounded. england and wales. -- parliament. a r (wing b ). civilwar no a plea for the peoples fundamentall liberties and parliaments. or, eighteen questions questioned & answered, which questions were lately pro bray, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a plea for the peoples fundamentall liberties and parliaments . or , eighteen questions questioned & answered , which questions were lately propounded by mr. jeremy jves , pretending thereby to put the great question between the army and their dissenting brethren in the parliament of the common-wealth of england out of question . by capt. william bray . luke . . and the souldiers likewise demanded of him , saying , and what shall we do ? and he said unto them , do violence to no man , neither accuse any falsly , but be content with your wages . cor. . . but if any man seem to be contentious , we have no such custome , neither the churches of god . entred according to order . london , printed by john clowes for the author . to the reader . i have given my thoughts in answer to these ensuing questions , that so i might give some satisfaction to those doubts that may arise in the minds of divers good men , affected to their countreys rights , and safeties , in these times of great anxiety , dangers , and animosities , one towards another , and that truth may take place , and all may endeavour to understand one the other , by a faithful approaching to , and asserting , their native rights , and may not be withdrawn from them upon any pretences whatsoever ; without which standing for their rights , there can be no true ground to expect justice , love , and unity . it is true , calamities in nations do oftentimes fall out to be best discerned , when they are desperate and most incurable ; but however , though the difficultie be great , to amend a distracted nation , yet it is all our duties to extend our endeavours to save our countrey , and leave the success to the almighty ; and in so doing , the discharge of a good conscience will offord great comfort , whatsoever may fall out in this uncertain and transitory life . w. b. eighteen questions propounded by mr. jeremy ives . questioned and answered , by capt. vvilliam bray . question . i. whether a free parliament ought not by the lawes and customes of this nation , to be chosen by the generall consent of the people ? answer i. it is one of the ancient and known general descriptions of a free parliament , according to the laws , and customs of this nation to be elected by the general and free consent of the people ( who are not legally made uncapable ) and when it comes to begin its session by the ancient law & right of the parliament a proclamation ought to be made in vvestminster , that no man upon pain to loose all that he hath , shall during the parliament in london , vvestminster , or the suburbs weare any privy coat of plate , or go armed , or that games , or other plaies of men , women , or children , or any other pastimes or strange news should be used during the parliament , and the reason thereof was , that the high court of parliament should not be thereby disturbed , nor the members thereof ( which are to attend the arduous and urgent business of the common-wealth ) withdrawn ; and it is generally known by those whom it hath pleased god to save alive in our sad intestine warrs , that the parliament often declared themselves to be highly affected , and displeased with the nature and manner of the late king charles his demanding of the lord kimbolton , and the five members , mr. pim , john hampden , denzil hollis , esqrs. sir arthur haslerig & mr. strood january , it was then voted and declared a high breach of the rights and priviledges of parliament , and inconsistent to the liberty and freedome thereof , and by a declaration they did declare that the kings warlike manner therein was against the fundamentall liberties of the people , and the rights of parliament ; and another part of freedome in the election of parliaments is , that there ought to be no corrupt dealing to give money , &c : to be elected , because it was to poyson the fountaine it self ( from whom should proceed no law contrary , but suitable to the fundamentalls ) another principle maxime and end why parliaments are to be assembled , and sit freely by the fundamentall , and righteous , constitution of england , is to redress grievances against corrupt and unjust judges , and great or potent oppressors who have subverted the course of law and government , and destroyed the peoples ordinary legall remedyes . and no parliament ought to be ended whilest any petition remaineth undiscussed , or at least to which a determinate answer is not made , as may be seen in the fourth part of the lord cooks institutes , treating of the high court of parliament . question . ii. whether a parliament so chosen ought not to doe what they think best for the weale of the nation that so chooseth them without the interruption of any party upon any pretence whatsoever ? answer . ii. it is the right of the people for their parliament to be chosen in full freedome , and have also a free session ( after a free election ) without interruption of any party , yet they are bound ( as most incomparable example of law , justice and right to the whole nation , and executive ministers whatsoever ) by the right unalterable rule , the fundamentall lawes and liberties of the people to do impartiall justice and right to every party , and not to consider parties but the cause which wholly excludes an arbitrary power . and therefore upon full debate in full and free parliament of the ed. . cap. . if any statute shall be made against the charter of our liberties , it shall be voyd , as may be seen by the lord cooks institutes , the first part , his commentary upon littleton , lib. . cap. . sest. . concerning which i have more fully treated in my late plea for the peoples good old cause , or the fundamentall lawes and libertyes of england asserted , proved and acknowledged to be our right , before the conquest , and by above thirty parliaments , and by the declarations and convictions of conscience or publique acknowledgements of the late king charles , and by the parliament and their army in their severall and particular streights and differences , and in answer to mr. james harrington his cxx politicall aphorismes sold by francis smith at the elephant and castle neer temple-barr , wherein you will ( as i conceive ) upon your taking into consideration the authors which i cite for my judgment ) cleerly see ; that acts or statutes of parliament that have been against the common lawes , ( though upon glorious and specious pretences ) are called illegall and mischievous acts of parliament , shaking the fundamentall law . and at a grand committee of the parliament of the commonwealth of england for the government , sept. . . it was resolved that the supreame delegated power residing in the peoples trustees , is and ought to be limitted in the exercise thereof by some fundamentalls not to be dispensed with or subjected to alteration . question , iii. if any shall say a free parliament ought not to be so elected , and so impowred ; i demand then how they are a free parliament in the sense that the people of this nation according to law and custome , do understand a free parliament ? answer , iii. i conceive i have answered this in the first and second answers ; and i do further averr that a parliament may be free in its election or originall being , and operations or exercise , and to and in the end of its session , yet they are bounded by the fundamentall lawes and liberties of the nation , and this doth not make them ever the more unfree , because the fundamentall lawes doth limit the delegated power , and hinder them from doing that which is ipso jure & ipso facto illegall in it self , viz : to destroy the fundamentall lawes , which is the salus populi , suprema lex , and according to all which any statute is to be made . and therefore parliaments i conceive will hardly give you thanks in making their authority & power to be greater then is desireable , whereby to induce them to think they have no bounds , by which cogitation they may do acts that may prove a snare unto them ; and the people have no reason to thank you , for if there be no fundamentalls , and a limitted delegation in the supreame legislative power , they might feare some danger to themselves in their eelection of their parliamentary conservators . but there being such righteous fundamentalls , and the peoples right to have parliaments every year , or oftner , ( if need be ) the people need not fear parliaments ; but have much reason to love their constitution . question , iv. if it shall be answered in the affirmative that a free parliament ought to be so chosen , and so impowred as aforesaid , i demand as the nation is now influenced by priests , lawyers , and cavaliers , how the end of the good people can be answered by a parliament so elected and impowred ? answer , iv. although there may be danger in the having a free parliament , considering our late intestine , civil warrs , and animosities , and so it doth behove those that have been faithfull in the cause of their country , to seek , to save and defend themselves from destruction and violence , and our enemies might tax us , as well as our own hearts condemne us , with carelessness , and want of common ingenuity , if we should not have respect to our just preservation , yet consider this hath been the pretence for very many years to avoyde our rights , and it is the only way to continue perpetuall animosities , and to manifest that we trust not in the lord our god at all . and besides , consider danger is no argument against right . upon this and the like suitable suggestions of yours , the people may be for ever deprived of their fundamentall and auntient lawes and birthrights , as they were for a time by that illegall mischievous acts of parliament , with a flattering preamble of h. . cap. . as that famous lawyer the lord cook calls it in the fourth part of his institutes . the colours ( to make an act good , or seeme good if colours only can make an act to be so ) were as specious as these which you have given , or can be made to extend unto , to justifie a force , or deny , or question right . the said illegal mischievous act was pretended to be made to avoyde divers mischiefs . . to the displeasure of almighty god . . to the great let of the common law . . the great let of the wealth of the land . which were ( i averr ) as great , ( or far greater ) pretences as to tell us of influenced lawyers , priests and cavaliers ; for our fundamental established lawes , are so excellent and good in themselves , that no artificial rhetorique of influenced lawyers , priests , or cavaliers , ( your names of distinction ) or indeed any other faction as well as they you name , could yet ever subvert them , or raze them ; and there may or can be given you a very great catalogue ( in convenient season ) of the force of the law , and the visible displeasure of god and good people , in very many generations past , against such influenced persons , when by their acquired wit and interest they have done the nation injury , in willful acts and endeavours to subvert the publick fundamental lawes ; and i have read cassiodor saith , jura publica , certissima sunt vitae humanae solatia ; infirmorum auxilia , impiorum fraena . the publick laws are the most certain comforts of humane life , they are the helps of the weak , and the bridles of the impious : our publick fundamental laws are the bulwarks of our nation in general , and of families , and persons in particular ; and if we can enjoy them , we have earthly happiness therein . question v. if ever any parliament could have answered the ends of the good people , i demand whether the last long parliament were not once the most likely of any that went before them , or of any that can be expected to succeed them ? answer v. you need not publish a questioning or doubt of the ability of parliaments to answer the ends of the good people for it doth too much tend to weaken & dissolve the peoples love , & affection to their own right of parliaments , & indeed the long parliament were most likely in our late times , ( for many reasons ) to answer the expectations of the good people , because of the power invested in them by act of parliament , not to be dissolved unlesse by act of parliament , or adjourned , unless by themselves or their own order ; and further , because of those high and eminent obligations they had upon them of their faith and promises , and of their declarations , and invitations to the people in the case of the original of the warr which hath caused much blood shed & expense of treasure . and therefore sithence you and others had commissions from the remainder of them ( who were a declared refined party by the excellent pretences , and by power of some influenceing officers of the army ) your expectations were so much the more liklier and neerer to be answered you in a peacable way of submission & obedience , rather then a violent way of interruption . unlawfull and determined violence many times causes sad and lamentable facts against the vertues of justice , temperance , prudence and fortitude , tending only to produce cares and feares innumerable , and only to leave place for great trouble and repentance , or the severe hand of god . question vi . notwithstanding the great hopes we had of them , considering the good beginnings they made , and the faire opportunityes they had to perfect what they had begun , i demand whether the most considerable of the good things they did ( viz ) the takeing away kingship , and peerage , and declaring this nation a free state , were not rather the fruits and effects of that force , which was put upon them , when the army garbled them , then the votes and results of a free parliament ? answer vi . you take your opportunity to keep the parliament of the commonwealth of england out of their right , supposing you are well backed by a great revolt or force . but yet you consider they made good beginnings as well as alleadge and averr that they had faire opportunities . but whether you do fairly to question whether the most considerable of the good things you cite and mention they did , were more the fruits and effects of a force of the army then the votes and results of a free parliament , i referr to the rational and unbiased , seeing no such result did ever yet proceed from themselves ; but yet by this method of yours , you acknowledge them friends to the forcers , and you lay a ground ( though i confess unwillingly by what appears ) to invalid or weaken the acts ( as to any thing you declare and esteem as good ) because the law of england is a great enemy to unlawful force , and violence ; maxime paci sunt contraria vis & injuria , force and injury are contraries to peace , and it signifieth any thing that a man striketh or hurteth withal , as the lord cook in the first part of his institutes his commentaries upon littleton . and you also by this your doubting , questioning , way , passe a censorious ▪ judgment upon their minds and consciences ; upon all the intrinsical considerations they moved in their publick affairs , and so you make your self and others examples , or presidents to devise and lay everlasting methods of private discontent or change to this or any future parliament , upon your and their own accusations and judgment . quest . vii . vvhether the parliament did not act highest against the interest of the good people of this nation when there was no force at all upon them ? answ . vii . no good man , or a man of good and sincere desires , will ( upon due consideration and entring into the closet of his heart ) justifie any action in the parliament against the interest of the good people before the force was upon them : so the good people ought not to do wrong or injustice to those whom they account evil , or worse then themselves ; and it is very possible that any person or persons , who remain alive , and were in parliament , may see their error in any thing you can justly charge ; but however generals are no method of satisfaction or conviction to any person , or charges in law or equity , against any person , by a fundamental maxime and rule of law , and reason . and the force being upon them , as you confess , and the pretended ground of the force used , being publickly declared to try whether things were so yea or no ; if those persons that were the cause , and principle authors of the force had pleased ; and if there declared aims and zeal had been for good people , they had time to manifest themselves by way of integrity to their pretences ; but whether they did any thing legally in order thereunto , i appeal to god and the world . i forbear at present to cite particulars . quest . viii . whether there was not a time when the army , and divers others , were accounted the great assertors of their countreys liberties when they refused to comply with the votes of the then free and uninterrupted parliament ? — col. rainsborough , lieut. col. john lilburn , capt. bray . cornet joyce , cornet thomson , mr. richard overton , mr. vvilliam vvalwin , thomas prince , &c. answ . viii . you need not question whether there was a time or not , when the army or others , some of whom you are pleased particularly to name , were accounted assertors of their countries liberties ; but you should have told particularly , in what they refused to comply with the then free and uninterrupted parliament ; for it is a maxime in law , and approved reason , dolosus versatur in generalibus , the crafty man lodges , and busies himself in generalls , ( they being vain and insignificant ) and peradventure , if they or any of them did not comply , it might have appeared adissent in such thing or things as the whole parliament may be well satisfied in their non-compliance . and i question not but divers of those non-compliers , ( as you call them ) continue to the faithful affectionate asserting those principles , and malice it self , cannot in any lawful way , or means blemish their integrity . but if you think that it is their temper , disposition , or judgment , to refuse to comply with the votes of a free and uninterrupted parliament , i believe you are much mistaken , unlesse you take them in this legal sense , that they might be ( in these times of division and faction ) in their peaceable , legal , judgment , and in conscience , contrary to any thing that was particularly against the fundamental laws , rights and liberties of the people . and doubtless , or peradventure in the same sense they were , and have been lawful non-complyers with the army also . but i suppose , you are deceived by your own heart , if you think to make your self a legall or warrantable accuser in this your apt opportunity , and blast them if you could , with their non-compliance as a crime ; for if in the daies of monarchy an act of parliament , against the fundamental lawes and liberties , is voyd , and shall be held for an error , and called a mischievous illegal act , and be comptrolled by the peoples common-laws , and liberties , as i conceive i have proved before : much more may votes which are not drawn to an act , and which may be changed or anulled , ( upon clear conviction of consciente , and reason , and understanding in a parliament it self ( upon revising or reminding the fundamental lawes and liberties before it comes to be enacted ) be consciensciously scrupled , or not complyed with , without a blemish ; but rather justified as a lavvful and commendable non-compliance , both before god and man . quest . ix vvhether there was not as much the hearts and spirits of all people , concurring to their interruption in , as ever was to their election ? answ . ix . i suppose you presume too highly , and too far to imagine that the hearts and spirits of all people did concurr to their interruption , as ever to their election . how can it be supposed you should know the hearts and spirits of all people in this matter ? surely you have not conversed with all people that were at the elections . they did never tell you their judgment , and acquaint you with their hearts and spirits , if you made any such inquisition in the matter . and if your meaning by the words all the people , must be taken for the major part of the people , or the major part of the electors , thereby you would have every man take you according to your meaning , and not your saying ; but however this general charge doth not accuse or concerne any persons with any triumph , or concurrence of hearts or spirits in the fact , but your own , and those that did , or you know did , concurr , it cannot reflect upon any other persons . for there were many who had been faithful in the publique cause , who received many and great injuries , and oppressions , by means of the influence and power of the then general crumwell , &c. yet their hearts did not concur in that violent fact in , not only for that unlawful violence is not good in it self , but also because of the inevitable ill consequences thereof , they foresaw the sad ensuing evils and dangers which took effect , and had its suitable course ( agreeable to the cause ) after the year . and so i shall conclude this my answer with the saying of charron in his book of wisdom ; male cunsta minstrat impetus . violence doth nothing well . question x. whether those men that last sate were not rather admitted to serve the present exigency ( as the best expedient that then could be thought on ) rather then out of consciousness to their just authority as a free parliament ? answer x. if you and others were ingaged by termes in your commission , to be obedient to such orders and directions as should be given from the men that last sate , you had then termed this your tenth qustion in apt words . and for their being admitted to serve a then present exigency , i could never find that it was any published end . and if it was a secret intention , only it was not a mutuall compact , and so could not bind the publiquely invited . but by this you do inevitably and consequentially charge them that invited the parliament of the commonwealth of england ( into possession of their interrupted session ) with hypocrisy , as if they did not intend what they publiquely and manifestly pretended . and that you may see your errour , and inconsideration by declaration of the th of april , . divers officers of the army declared a commemoration of what they had solemnly before declared not without appeales to god ; and they complained therein that those which had been enemies to that famous long parliament had meetings and grew very insolent , to offer affronts and assaults to the friends thereof ; that the famous actions of the parliament were vilified and evill spoken of , and of persons dareing to speak against the authority of parliaments , and to call their proceedings and such as acted in obedience to them illegall and unwarrantable , so that there was but a step ( say they expresly ) between the publick cause and the funerall thereof . and they bewailed their great failings and turnings aside , and desired wherein they had backslidden to take shame to themselves . the th . of may , after , they invited the members of the long parliament from the year , that continued sitting till the th of april . and therein they called to mind and declared that the long parliament were eminent assertors of the good old cause , and had a speciall presence of god with them , and were signally blessed in that work , and they did judge it their duty to invite the said members to the exercise and discharge of the said trust . and they promised them that they should be ready in their places to yeeld them ( as they said expresly did become them ) their utmost assistance to sit in safetie as will appeare by their publique declarations , not declaring and inviteing them to serve the then present exigency , &c : as the best expedient , &c. and if they did not submitt to them as a free parliament , consider who made them unfree , or in any sort of bondage or servitude ; and therefore they themselves that were any cause or colour of diminution to their just freedome have no reason to make it any argument or ground for any violent violation of their liberty . question xi . vvhether there did not remaine a force upon them aell the time of the last session in as much as the greatest part of their members were secluded ? answer xi . if the force did remaine on them all the time of their last session , you accuse the forcers whom you seem to pretend to clear and justify ; consider who forced them ? or who caused the force to remaine ? if the greatest part of the members were secluded . consider they did not seclude themselves ; and albeit it is mans duty in generall to deny to do that which is malum in se though under a force or terror & although in some cases force may excuse in some measure , yet it is no argument that because one force was before acted , that therfore another must be done , no more then a second sin should be committed to justifie a precedent on . and therefore the querent had been better to have urged this question , or tendered this case , and his reasons in a peaceable humble manner to the parliament of the commonwealth , from whom he had his commission in the time of their session then justify the present case of the confusion and interruption . question xii . if all force fetters and shekles had been taken of , and they had enjoyed the free and accustomed power , and priviledges of the parliament of england , i demand if ever sir george booth and major generall brown , &c : had been voted traytors ? answer xii . you enter upon judgement too farr and before your time , for you know not what the parliament would have done if force fetters and shekles had been taken of , if they had enjoyed the free and accustomed power and priviledges of parliament . i think you cannot divine . i may say in the judgement of charity , peradventure they might have entered into a righteous and equall consideration of things without respect of persons as in the sight of god and man . therefore i suppose that place of scripture , matt. . may be applyed to you in this matter , judge not , that ye be not judged . and if you have any thing to say to those gentlemen you name , in a legall manner , or when the law is open , and hath its legall free indifferent and impartiall course , you may have the liberty to accuse , as they or any englishman else ought to have the fullest liberty of defence , which the righteous auntient fundamentall lawes and liberties afford ; and so i ( who am not privy to their affaires ) shall close this answer in defence of our fundamentall lawes and rights , with the sentences and wise sayings of the town clerk of ephesus , acts , , . against the confusion and uproare raised by demetrius . vvherefore if demetrius & the craftsmen which are with him have a m●tter against any man , the law is — ( or indeed ought to be ) open , or the court dayes kept , and there are deputies let them implade one another : but if ye inquire any thing concerning other matters , it shall be determined in a lawful ( or ordinary ) assembly . for we are in danger to be called in question for this daies uproare . there being no cause , whereby we may give an account of the co●course , verse . seeing these things cannot be spoken against . ye ought to be quiet , and to do nothing rashly . quest . xiii . and whereas it is objected , that by an act made by king , lords , and commons , that of them should make a quorum , and that they should not be dissolved till they dissolve themselves ; and therefore being yet a quorum , they are therefore a free parliament . i demand , vvhether by this argument those which the army secluded when they came to hounsloe-heath , may not as well call themselves a parliament , seeing they were a quorum , and kept their places in the house , when the rest went away to the army , and were as truly forced out then as these were afterwards ; and whether this very argument would not make them a parliament , if another interest should prevail to take off that interruption . again the intent of that act was not that any whom the sword should separate from the rest should make a quorum , but rather , if by degrees some should dye , and others by consent of the major part should be voted out as uncapable to sit , or that others should be absent by reason of any emergencies , that then and in such case should make a quorum ; and this is the reason why a fixed number are appointed a quorum in all state conventions ; therefore it remains , that the last parliament were rather chosen and elected by the army , in the capacity they stood since they were first garbled : then the peoples representatives , because the army might have elected that number they forced out , as well as those they kept in , unto whom they might have subscribed obedience ? answ . xiii . i shall only ( in brief ) answer to this question , ( grounded upon a supposed objection , which you have heard or made ) if there is an act that of them should make a quorum , and that they should not be dissolved till they dissolve themselves ; this act did invest them or any of them with a legal session against any illegal dissolution whatsoever , either by army or any other . and the law considers the cause , the common interest , and not parties , or factions . i further inforce my answer ( with submission ) to the deep judgment of a sage , honourable person , upon his going to the army , ( viz. ) by the declaration of vvilliam lenthal esq . speaker , &c. ( in the book of the declarations of the army , printed by special order , by one matthew simmons sept. . pag. , . wherein is set forth particularly , the violent acts against him ) he demonstrateth in express termes that in the votes then passed were all null and void , being extorted by force and violence , that the omission of a circumstance or some formalities in the adjournment of the house ( when through force and violence , it cannot sit in any sort as a parliament ) cannot be any prejudice to the future meetings and proceedings thereof , when it may sit , and meet again , as a free parliament , it being well known , that nothing can dissolve this parliament but an act of parliament ? quest . xiiii . i demand then , how any can cry hosanna to the last assembly , as to a just and free parliamentary authority , and endeavour to restore them to the exercise thereof , upon that foot of account , unlesse they also endeavour to take off the first as well as the last interruption , which how safe that will be , i leave to the others to judge ? answ . xiiii . to this , i only answer , that when you did accept of a commission from the last assembly , or their delegates , i suppose you cryed hosanna , and not interrupt , or crucifie , crucifie them . but to conclude , this ; i judge any interruption , or seclusion of any party or parties , contrary to justice or the fundamental laws of england , is void in law , and destructive to freedom , and layes a ground and method for animosities and perpetual wars amongst the people , instead of love , quietnesse , and amendment of errours ; and as for the latter part of your question , concerning the unsafenesse to take of the first interruption , it is fit to be debated legally and peaceably in a parliamentary way ; & that justice be done in the case . quest . xv . if we should assay to restore them upon a prudential account , then i quaery , what reason there is to believe such a thing will be effected , unless they will recede from their votes , or the army subject unto them , which how they can do with safety to themselves or the good people of this land i leave others to judge ? answ . xv . if you should essay to restore them upon a prudential account , you thereby would make your self a judge , so far as to put a limitation upon their restitution , unlesse your prudential intentions therein , did relate to the justice of it requirable in the present case : so likewise to oblige them without doors , ( if it could legally be ) to recede from their own votes , would continue an apparent force upon them ; and so it would not be so valid , as if they should after the interruption taken off , in a voluntary manner consider and recede . and then if there be no taking of the force ( which hinders their session ) unlesse they will recede from their votes , this continues their bondage , and that cannot be safe for the people , to have their parliaments in fear , or under force or servitude , no more safe then it can be lawful or honourable for parliaments ( the supream conservators ) to act above and contrary to the righteous fundamental , and unalterable , laws and liberties . but however the people do ( i conceive ) justly incline to have the face of a civil authority , rather then the force of a sword over them ; which way of force ( in the case ) may produce innumerable evils , both at present and in future , peradventure greater then the chief authors of this force may either fore-see , or ought upon due consideration to desire or aim at ; and it may not only produce evil . , but hinder that good , which no good man but would desire to be enjoyed ; i mean our fundamental laws and liberties . quest . xvi . if it should be effested , and they should come to the exercise of their authority ; i demand , what reason there is , to believe they will answer the ends of the good people of the land ? answ . xvi . if it should be effected that they should be restored , there might be reason in the judgement of charity , to hope or believe that they will answer the ends of the good people of the land . it is possible they may enter into a mature grave and pious consideration of things . it is much to me that you should seem to have so great a prejudice to them , for why should you judge so of your friends , that they should not make a good ending of their session , as well as acknowledge as you do in your th . question that they made good beginnings ? can it be supposed or justly expected they would vote a period to their own session , as they did , and yet resolve to go forth without giving a sweet smell and savour , and taking into consideration all the blood and treasure and their own promises and solemn obligations , i must confess if they should not take those things into consideration ; for my own particular , i who am a member of the oppressed people for about eleven years should have no remedy unless i should obtain justice from another , and succeeding honourable and just councel of parliament . quest . xvii . if their restoring cannot in reason be thought practicable , and if practicable not profitable ; why should we labour in the fire of contention to effect it ? answ . xvii . i know no reason why it cannot be thought practicable or profitable , or why it should be accounted a labouring in the fire of contention to effect it . you make the difficulty greater then it is ; for do you think the obligations upon them are of so light a nature or of so little value that they will end their session with dishonour ? or do you think the obligations that are upon the army or the officers thereof to the parliament are of so little moment , as that they can be in this way ( of the sword or sire of contention ) evaded , and dispensed withal . quest . xviii . if then this cannot be a free parliament upon their re-admission considering the force that remained upon them , and that most of the eminent good things they did were by force squeezed from them , and therefore in law cannot be the free representatives of the people of england . i demand , whether some number of honest men chosen out to serve the present exigency , may not be as lawful an authority as they , and sooner answer the desire of all good people ? answ . xviii . by any thing whatsoever i can see presented from you of reason in the present case , this parliament may be free if their interrption be laid aside or the force discontinued , but if the force be upon them , their re-admission ( as you call it ) may prove of little effect : and if your supposition be never so true , that most of the eminent good things you aver they did were by force squeezed from them , and therefore in lawe you say cannot be the free representatives of the people of england , this is an argument to take of the force . and besides it doth not appear by any act of their own confession or publick declaration , that most of the eminent good things you aver they did were by force squeezed from them . peradventure they on the other hand will say they had done far greater good things then they did , if the force had not been upon them ; and likewise paradventure they will say they had not done or consented to such acts , which ( in the judgement of divers good and consciencious men even of destroyed or undone persons and families ) were evil and contrary to the laws and liberties . and as to the last part of your question , what do you mean by some other number of honest men to serve a present exigency . if the power by which an election is created , is unlawful and usurped , it would be voyd , erronious , or dangerous , both as to the electors and elected , and full of dsssatisfaction , in its being , introduce innovations , and subvert our righteous laws , and liberties , for defence of which there hath been so much precious bloud-shed , and treasure consumed ; and further , whether you mean that number of honest men should be a lawful free parliament in its election and session ? i know not : you leave it in doubt . and whether that any number of honest men can , and will , hazard themselves to serve an exigency , least they should be served as others have been before , is questionable , not only because of the unlawfulnesse of the imposition of those your number of honest men ( so called ) upon us , but also because of the inconstancy of judgment , &c. and motions in these publique affairs ; for in some part of your questions , you seem to be for a full and free parliament , then in the th question you account it dangerous to have one , for fear of influenced lawyers , priests and cavaliers : then in your th question , you say or conclude strongly , that the men who sat last were rather admitted to serve a present exigency ; which admittance ( as you call it ) was after the dissolution of another assembly before them . and why may not the other number of honest men , which you drive at be also admitted to serve an exigency , or a danger foreseen ? and where are our laws and liberties , fundamental , uninterruptible , ancient and undoubted rights all the while , the possession of which would be a lawful means to repair the wrongs , and intollerable burthens of the oppressed , and discover who are the friends of publique justice , peace and amity ? thus i have given my thoughts concerning these questions , intendedly to manifest my affections : to the just laws and freedoms of our countrey to truth , and right reason , ( i hope ) in sober contrariety to rash and illegal violence , without unjust respect or disrespect to parties and factions ; and i do apprehend , at present i shall displease none herein , except my particular enemies , who may rejoyce in my wrongs , or such as are willful oppressors , and resolved in their way . w. b. finis . the printer to the reader . courteous reader , having received the copy of this book divers weeks since from the author , i thought it necessary to informe thee , that it should have been published the of december last , it being a time more seasonable then at present , and agreeable to the intentions of the author ; but was interrupted by some persons , the agents of the late council of safety ( so called ) who preyed upon the written copy , amongst other papers , then ready to be published in vindication of the present parliament ; and the laws and liberties of england . by the king, a proclamation of his majesties grace, favour, and pardon to the inhabitants of his counties of stafford and derby england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation of his majesties grace, favour, and pardon to the inhabitants of his counties of stafford and derby england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : [i.e. ] "given at our court at oxford, this sixth day of march, in the eighteenth yeare of our reigne." reproduction of original in the bodleian library. eng england and wales. -- royal navy. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, a proclamation of his majesties grace, favour, and pardon to the inhabitants of his counties of stafford and derby england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ a proclamation concerning his majesties navy . whereas wee by our gratious proclamation , bearing date the tenth of november now last past , freely offered our grace , favour , and pardon to all seamen , sailers , mariners and other watermen , who having been formerly seduced by some traiterous and seditious persons , were this last yeare used as instruments , to detaine our ships from vs ; yet under this proviso neverthelesse , that they did speedily returne to their obedience and loyalty , and did not from thenceforth presume to serve in any of our ships detained from vs , or otherwise to serve against vs by sea or land , or by loane , contribution , or otherwise to assist the army raised against vs , or to assemble or muster themselves in armes , without authority derived from vs , or enter into any oath of association , for opposing vs or our army , as by the said proclamation more at large may appeare . and whereas afterwards , we by another proclamation , bearing date the tenth of february now last past , did again admonish all our subjects of the quality before mentioned , and also all our officers , victuallers and servants of all sorts belonging to our ships or navy , that they should from thenceforth , forbear to intermeddle in the graving , rigging furnishing , manning , or serving of , or in our ships , by the direction of robert earle of warwick , or any other , without our speciall direction and warrant , upon the paines , in the said last proclamation mentioned , as by that proclamation it may also at large appeare . and whereas we have bin informed , that some wicked & seditious persons intending to seduce our good subjects , and with false-hoods to abuse them , that they not knowing the truth , might still be misled ( as formerly they have been ) to serve the wicked designes , and treasonable practices of such as are in rebellion against vs , have given out and published , that whatsoever is intended for the preparation and setting out of the navy in the spring now approaching , is done by our speciall direction and expresse warrant , which is utterly false , we not having any purpose or reason to trust our navy , or any of our ships in their hands and power who have given so cleer a testimony of their former disloyalty unto vs , and of their endeavours to destroy vs and our kingdom : we doe therefore hereby publish and declare , that we have not given , nor doe intend to give any such command , direction or consent , that any of our ships , or any other ships of this our kingdom , shall be prepared , victualled , rigged , man'd , or set to sea , by , or under the command or conduct of the earle of warwick , or any other person or persons whatsoever , by any pretended authority from one or both the houses of parliament , without and against our consent and expresse command . and we doe further give notice hereby to all our subjects , whom it may any wayes concerne , that as we are and ever shall be carefull to the utmost of our power to protect our good subjects from the malice of ours and their enemies , either at home or abroad , and to that end shall use all the just means we possibly can to restore them to their former peace , whereby they may enjoy the comfort of the true protestant religion in the integrity thereof , the freedome of the known lawes , the liberty of their persons , and propriety of their estates , and just priviledges of parliament , whatsoever is malitiously and slanderously suggested to the contrary , so we will by the due course of law , vindicate our honour with a just indignation against and upon all those who from henceforth , after so many gratious admonitions and offer of free pardon for what is past , ( which we doe now again gratiously and freely renew ) shall wilfully and malitiously presume to give assistance in any thing to the said earle of warwick , or any other , who upon any specious , but false pretences , shall endeavour in this yeare now ensuing , to prepare , rigge up , victuall , furnish , manne , or set forth any of our own shippes , or any other shippes of warre , appertaining to any others , without our warrant under our hand and seale ; we being well assured , that under the pretence of making a defence for the kingdome against some imaginary forraigne enemy ( where in truth we know not of , or have cause to suspect any such ) the purpose of the contriver of these rebellious actions , is manifest to be in the first place wickedly and traiterously to convert our navy , and the navy of the kingdom to the destruction of vs and of our crown , and good subjects , and to make themselves masters thereof , if they can therein prevaile ( as we hope by gods blessing they shall not ) and if they prevaile not , then by the convoy of those ships to convey themselves and those who goe with them into some forraigne parts , with a purpose that neither themselves nor those who serve them shall returne to their native country , to whom they have been so professed enemies , and by this means to rob the kingdom of the shipping which is the defence thereof ; and that these are the undoubted intentions , if the former acts of hostility against vs performed the last yeare , by some of those ships set out under the name of the said earle , and by the authority of the two houses of parliament , were not sufficient to satisfy vs and all others , the late barbarous actions of , and by some of those ships , within a very few daies now past at burlington bay in our county of yorke , to the hazard of the life of our dearest consort the queene , at the time of her landing there ( if god in his great mercy had not protected and delivered her ) not casually but purposely committed , will give sufficient testimony thereof to all the world , to the perpetuall shame of the actors and abettors thereof , for which in due time they must expect their just reward . given at our court at oxford , the sixth day of march , in the eighteenth yeare of our reigne . . god save the king . printed at oxford by leonard lichfield printer to the university . . obsequium et veritas, or, a dialogue between london and southwark, concerning the sitting and dissolutuion of the last parliament at oxford, march st, in a dialogue betwixt a shoo-maker, and a taylor. hearn, r. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) obsequium et veritas, or, a dialogue between london and southwark, concerning the sitting and dissolutuion of the last parliament at oxford, march st, in a dialogue betwixt a shoo-maker, and a taylor. hearn, r. sheet ( p.) printed for the author, london : . broadside. signed: r. hearn. caption title. in double columns. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion obsequium & veritas : or a dialogue between london and southwark , concerning the sitting and dissolution of the last parliament at oxford , march st . . in a dialogue betwixt a shoo-maker , and a taylor . shoom. good morrow , jack ! how stands the case of your affairs at your end of the town ! taylor . stand ! believe me , we are like to have a blessed parliament ; and we don't doubt , but we shall have hopeful resolutions , and a brave result of all their consultations . shoom. well ; but let us not stand here , let affairs stand how they will ; let us take one cup of good ale together , and discourse it further . let us step here into the kings-head , here 's a glass of good liquor . tay. come , allons donc . — shoom. well ; we were talking of hopeful resolutions ; and a successful issue to all the consultations of the parliament . this , you say , the city hop's for , nay doubts not of . tay. yes , indeed ; for to shew you how great an e●eem , and sublime regard we have for our parliament , we have had the major part of the city , all true protestants , and good patriots ; who offered their services to , and accordingly did accompany our sheriffs and members of the parliament to oxford . shoom. s'death ! that 's an unwonted ceremony , and it smells plaguy rank of rebellion . bless me ! what were you affraid of , that made you enter upon such a tumultuous complement ? i heard indeed you were all richly equipt , and made a most glorious show , i was then in the country , and so , did not understand it . tay. why not understand it ? had we not a great deal of reason , to secure the safety of those worthy persons , who were to deliver us out of the fears , distractions and disorders , which the cursed popish plot , and the succession of a popish prince , by which would follow the subversion of our religion , laws , and liberties , and consequently the yoke of popish servitude , did put us into : shoom. i faith ; you are brave fellows ! you talk of the safety of his majesties person , and how great loyalty and zeal tends to it ; but for ought i see , the subject is prefer'd before the prince ; the king is not at all intimidated , though in the midst of the most implacable enemies , but he can & did venture his journey to oxford , attended with not twenty of his guards , when mr. parliament man has forsooth about three or four hundred for his suit ! well , but what newes have you from oxford , what , are we like to have a longer session than they had last ? tay. they are dissolv'd ! shoom. dissolv'd ? s'death , when ? tay. on munday last , being on the th . of march. shoom. really , i 'me glad of it . indeed , i heard how their procedings were , and what measurs they took in their votes . i thought the kings speech would have had that influence upon them , that they would have regulated their actions according to that rule , which his majesty told them , should be ever his , viz. the law of which , they , with the king were the fathers ; and not have pretended to make themselves a particular ( nay , supream ) court of judicature , in cases of treason ; that no person impeached of treason by the commons of england in parliament , and stands so impeached , could be tryed by any other inferior court , without a high breach of the priviledge of parliaments . good god! i find then the king and the lords , are but cyphers ; and what the king has declared ought to be , must not be done , because the commons will not have it so . so that , they who make so great an out-cry against arbitrary proceedings , make themselves the great favorers of it . what , i pray , was the cause of this ? and who the plague was it , they stickled about then ? tay. fitz. harris ; would the devil had him , e're we had been troubled with him , and his depositions too , with a pox to ' em . — but i 'll tell thee , there 's somewhat else , that was the more immediate reason of their dissolution ; 't was , concerning a business of the — shoom. ay , ay , of the devil , i think ; you citizens , if you cannot hear of the true genuine reasons , forsooth , you 'll make them ; and shall pass authentick too , as if you had been intimately acquainted with the kings cabinet , or had known his resolutions before he thought upon them . faith , i 'll tell thee plainly ; would but you ( sir formals ) learn this old maxime , that sua quemque alit ars , which perhaps is too much latin for a third part of our mechanick news-mongers ; who make it the greatest part of their business to run from the coffee-house to the ale-house , and thence to the tavern ; and so buzzing about , till they lose their sense , as well as reason ; i say , would every man but mind his own private affairs , erect a tribunal in his own closet , and let his domestick oeconomy be his greatest study , we should have the publick peace less disturbed , and the government less obnoxious to censure and contempt . 't has never been good times , since every cobler and porter pretend to understand state-policy , and every finical mechanick , and proud tradesman , to be verse't and knowing in the arcana's of the privy-councel . introth , jack , my name 's veritas ; and i must speak like myself ; i case not for popular applause , nor will i suffer hypocrisie vaile my nakedness ; though i have , what i must always expect , an odium , or hatred : for my part i am a good honest southwark borough , and i thank god , we love our king , and our country ; and our publick peace , utility , and order ; and , as we said in our addresses to our elected burgesses ; though we did not like your accompanying to oxford , them in such pomp and splendor ; yet we assured them , we were as ready to stand by them , in the discharge of the trust we reposed in them , as the best life-and fortune-men of them all . shoom. but prethee jack , are they all returned home yet from oxford ? tay. yes , a great part of them ; but they are not all come yet . shoom. ha , ha , ha ! faith i can't choose but laugh , to see how silly and sneaking they lookt , with their heads hanging downwards , and their hats flapping about their ears , their hopes frustrated , and their designs infatuated ; when in their setting out , they appeared brisk and airy , and their equipage shewed them like men designed for a camp , rather than an assembly of peace . tay. well , well , come , talk no more of it : quod factumest , infectum fieri nequit , prethee hold thy tongue . shoom. hold my tongue , i gad , it would make a stone speak , to see how hot brain'd men are ; and forsooth , to make their designs more plausible , a needless fear of the subversion of the government , the protestant religion , and the liberties of the subjects , must still be the specious pretence for all their unwarrantable and unlawful practices , and every half wited scoundrel , must pretend to censure the management of those at the helm . a fine age i' faith ! come , come , jack , be of my mind ; bene vixit , qui bene latuit : let us keep at home with our wives , and leave frequenting the news-mongers ; and let us administer what we can to publick utility and peace . tay. i' faith , thou sayest very well ? come , here 's a health to thee , which i am confident thou wilt pledge ; god bless king charles , and send us all peace and tranquillity , now , and at the hour of death . shoom. come , with all my soul , and hang up all the roundheads , as the oxford blades said , and let every true englsh-man , loyal heart , and honest protestant , say , amen , by r. hearn . london , printed for the author in the year , . the finall protest, and sence of the citie this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l c). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the finall protest, and sence of the citie l'estrange, roger, sir, - , attributed name. sheet ([ ] p.) s.n., [london : ] by sir roger l'estrange. a protest against the domination of the army. imprint from wing. published the same year with title: the final protest, and sense of the citie. reproduction of the original in the harvard university library. eng england and wales. -- committee of safety -- early works to . england and wales. -- army -- early works to . great britain -- history -- charles ii, - -- early works to . london (england) -- history -- th century. great britain -- history -- commonwealth and protectorate, - -- early works to . a r (wing l c). civilwar no the finall protest, and sence of the citie. [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the finall protest , and sence of the citie . having diligently perused two printed papers , bearing date the th of this instant december : the one , in form of a proclamation concerning the summoning of a parliament : the other , as an order of the common-councell , commanding the city to acquiesce in expectation of that parliament : we finde therein contained , matters so contrary to the honour of the nation , and to the freedom of the city , that we stand obliged , both as englishmen , and as citizens , to protest , against the impositions of the former , as illegal , and the concessions of the latter , as a direct combination against us . these two papers are seconded by a third : ( for the two are one , both in effect , and design , ) and that is , a proclamation of banishment , directing to the late kings party , under the notion of the common enemy ; so that there 's no love lost betwixt the committee of safety , and the common council , when the general provides for the peace of the city ; and the mayor , for the safety of the army , not to argue acts of oblivion ; and the violation of publique faith in the case : that they conditioned for their lives and liberties , and compounded for their fortunes . this is not our concern , what they do suffer ; but what we may , if we trust those , that keep no faith with them : and that we 'll take a care of : when they are gone , then we are the common enemy ; so are the laws of god , and of the nation , and such is every man that loves them . what this malignant party is , these people talk of , we neither know , nor meddle ; the gentry 't is we live by , and by the laws of gratitude , and hospitality , we are bound to protect them , and as well resolved to do it , within our walls , against any other power , than that of the known law . the short of the design is this , a danger is pretended to the city , from the late kings party , and to prevent the mischief , the kind committee banishes the gentlemen ; with order to the mayor of wallingford , ( late of london ) &c. — to make strict searches for delinquents . now in pursuance of this pretious order , our houses must be forced , and we disarmed , and then , our throats cut , to preserve the city . let those that would be chronicled for slaves , and fools , submit to suffer this ; and after that infamous hour , may a yellow coat , and a wooden dagger be the badge , and distinction of a citizen . to conclude , we our selves are that city , so much the care and cry of the proclamation ; and this is our vnanimous sence , and resolve . the army proposes to pillage , and murther us , the mayor , and his worthy advisers , ireton , &c. — are to hold our hands , whiles they give the blow , so , that we are now to provide against force and treason , having one enemy within our walls , and another in our councils . but withal , we have our swords in our hands , and our brains in our heads ; so that only to strike the one , and to dis-believe the other , is to subdue and disappoint them both . we do therefore declare to the world , that we will by violence oppose all violence whatsoever , which is not warranted by the letter of the established law : and that in pursuance of this duty , both toward the nation , and city , an insolent souldier , and an apostatized magistrate shall be to us as the same thing . — not to word it much further , as we will not be bafled , by affronts , so neither will we be fooled by flatteries . — after the loss of trade , and liberty , a vast expence of blood , and treasure , after many injuries received , more threatned , and none returned ; we made a sober , and regular application , to the authority of the city , for redress . this they promised , and we expected , till at last , instead of a reparation for past wrongs , or a security against worse to come , we are paid with an expectation of a parliament in ianuary . this is is a logique we understand not . it is in english , lye still , till you have your throats cut . it would be well to commit the disposition of our fortunes , to those people , that are at this instant designing an execution upon our persons , and to requite those worthies , that have already robb'd vs of all we have lost , with the offer of that little rest they have left . but this will not do our businesse ; we will not have our murtherers , for our iudges : not will we wait . that parliament they babble of so much , will not soon vote up the city again out of ashes , nor all the saints in that holy assembly , be able to bring the poor cobler into the world again , that was kill'd by order of his brother hewson . no , the cheat is too stale , and we are determined to redeem our selves ; but with this caution ; we do solemnly profess , that we will exercise all the tendernesse which possibly the case will bear . the common souldier is engaged rather out of a heedlesse , than malitious interest : we do therefore protest , that such of those as shall not evidence their malice , by their obstinacy , shall receive a fair consideration ; but , for such as lead them , we do resolve , not to allow quarter to any one of them , that draws his sword in the quarrel : and in order to the quicker , and gentler dispatch of the businesse : we conclude with a text . fight neither with small nor great , but with the king of israel . and so god give a blessing to the endeavours of all honest men . two speeches spoken by sir simonds d'ewes the first touching the antiquity of cambridge lately published by iohn thomas, with many ignorant and foolish mistakes which are here rectified : the other concerning the priviledge of parliament in causes civill and criminall. speeches. selections d'ewes, simonds, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no or :e , no ) two speeches spoken by sir simonds d'ewes the first touching the antiquity of cambridge lately published by iohn thomas, with many ignorant and foolish mistakes which are here rectified : the other concerning the priviledge of parliament in causes civill and criminall. speeches. selections d'ewes, simonds, sir, - . [ ], p. printed for thomas paybody ..., london : . reproduction of original in thomason collection, british library. eng university of cambridge -- history -- early works to . university of oxford -- history -- early works to . england and wales. -- parliament -- jurisdiction. a r (wing d ). civilwar no two speeches spoken by sir simonds d'ewes. the first touching the antiquity of cambridge, lately published by iohn thomas, with many ignoran d'ewes, simonds, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a speech spoken by sir simonds d'ewes , ( so neare as it could be collected together ) touching the priviledge of parliament in causes criminall and civill . at a committee of the house of commons in the guild-hall in london on the sixt day of ianuary . sir ; i perceive that the maine doubt upon the late questioning of some of the members of the house of commons as whither or no there be any priviledge of parliament in matter of * treason or other capitall offences , in which i cannot deny but that there is a common saying ( and yet not more common then erroneous ) that priviledge of parliament doth not extend to felony and treason ; for there is a double priviledge of parliament , the one finall , and the other temporarie . our finall priviledge extends to all civill causes and suites in law , and that continues during the parliament . the other priviledge that is temporary extends to all capitall causes , as treason or the like , in which the persons and goods of the members of both houses are freed from seizure till the said houses be first satisfied of their crimes , and so doe deliver their bodies up to be committed to safe custody ; and the reason of it is evident because their crime must either be committed , within the same houses or without them ; as for example if any member of the house of commons be accused for treasonable actions or words committed or spoken within the walls of the same house then there is a necessitie that not only the matter of fact , but the matter of crime also , must bee adjudged by that house ; for it can appeare to no other court what was there done in respect that it were the highest treachery and breach of priviledge for any member of that house , to witnes or reueale what was there done or spoken without the leave and direction of the same house . and if it be for treason committed out of the house , yet still the house must bee fi●st satisfied with the matter of fact ; before they part with their members , for else all priviledge of parliament must of necessitie bee destroyed , and by the same reason that they accuse one of the said members they may accuse fortie , or fiftie , upon imaginary and false treasons , and so commit them to custody and deprive the house of their members ; whereas on the contra●y side the house of commons hath ever beene so just as to part with such members when they have beene discovered . as in the parliament de anno . of queene elizabeth . doctor parry being a member of the house of commons , had no articles of treason preferred against him till the house had discomposed him from being one of their members , and that the chiefe heads and branches of his said treason had beene made knowne unto the house partly by his owne confession , and partly by other proofes ; and yet if ever treason required a speedy tryall that did , for it concerned no lesse then the murder and assassination of the queene her selfe , [ see the origininall journall booke of the house of commons , de anno . regin . eliz. pag. & pag. . ] and so likewise in master copleys case in the parliament in the last yeare of queene mary , who spake very dangerous words against the said queene ; yet it was tried in the house of commons as apeeares in the originall journall booke of the same house , and the said queene at their intreaty did afterwards remit it . but for the case of these gentlemen that are now in question it doth not yet appeare to us whether it bee for a crime done within the walles of the house of commons or without , so as for ought wee know the whole judicature thereof must first passe with us , for the lords did make an act declaratory in the parliament , roll de an. . e. . num. . that the judgments of peeres only did properly belong to them , so as i hold it somewhat cleere , that these gentlemen cannot bee condemned but by such a judgement onely as wherein the lords may joyne with the commons , and that must bee by bill ; and the same priviledge is to the members of the lords house , for wee must not thinke that if a private person should come there and accuse any of them of treason that they will at all part with that member , or commit him to safe custody till the matter of fact be first proved before them . t is true indeed that upon the empeachment of the house of commons for treason or other capitall crimes , they doe immediately commit their members to safe custody , because it is first admitted that we accuse not till wee are satisfied in the matter of fact , and secondly , it is also supposed in law that such an aggregate body as the house of commons is will doe nothing , ex livore , vel ex odio , seeing they are entrusted by the whole commons of england with their estates and fortunes . so as upon the whole matter , i conclude that the proceedings against these five gentlemen have beene hitherto illegall and against the priviledge of parliament . finis . notes, typically marginal, from the original text notes for div a e- * vide rot. ●ar . de an ● . & . ● . . n. . a trumpeter sent from his excellency sir thomas fairfax to the parliament and citie. this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a trumpeter sent from his excellency sir thomas fairfax to the parliament and citie. fairfax, thomas fairfax, baron, - . sheet ([ ] p. s.n.], [london : . place of publication from thomason catalogue. annotation on thomason copy: "london. july ." reproduction of the original in the british library. eng charles -- i, -- king of england, - . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a (thomason .f. [ ]). civilwar no a trumpeter sent from his excellency sir thomas fairfax, to the parliament and citie. fairfax, thomas fairfax, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a trumpeter sent from his excellency sir thomas fairfax , to the parliament and citie . i. that his majesty and the army are fully agreed , the king is to be at his owne disposall to come to london when he pleaseth . ii. that the bishops-lands , with the arreares , bee accouted for , and put into his majesties hands . iii. that the customes and revenews of the crown are to be accounted for to his maiesty . v. that the publick-faith be paid . v. that the arreares due unto the armies shall be paid on both sides , out of the excise . vi . that his maiesty will come in person and sit in parliament untill new writts be issued out to summon a new parliament . vii . that if this bee refused , they must expect to answer it with their lives and fortunes . finis . some few observations upon his majesties late answer to the declaration or remonstance of the lords and commons of the of may, parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no or : ) some few observations upon his majesties late answer to the declaration or remonstance of the lords and commons of the of may, parker, henry, - . p. s.n., [london : ] caption title. attributed to henry parker. cf. blc. item at : incorrectly labelled p in reel guide. reproduction of originals in thomason collection, british library and duke university library, durham, n.c. eng england and wales. -- sovereign ( - : charles i). -- his majesties answer to a book entituled, the declaration of the lords and commons of may. great britain -- history -- charles i, - . a r (wing p ). civilwar no some few observations upon his majesties late answer to the declaration, or remonstance of the lords and commons of the . of may, . parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion some few observations upon his majesties late answer to the declaration , or remonstance of the lords and commons of the . of may , . pag. . or of following the advise of our councell of scotland . our case is not as scotlands was in all points , though in many it be very like , for our malignant party here is far greater and stronger , and more inraged against us , by their owne greatnesse , and more animated by our weaknesse . yet we desire but the same satisfaction which scotland had , without so much reluctance given them by the king . for their militia , and all other subordinate power in that kingdome , is setled in such hands as are publikely confided in , and yet this is utterly denyed us . and our holding hull is not like their holding newcastle , yet their honour is saved , whilst we are called unpararalel'd traitors , and they are restored to all demanded rights and securances , whilst we are charged of unpardonable rebellion , and satisfaction is not offered to us , but required from us , in the most approbrious language that can be , yet still we will not refuse the councell of the scots lords , in yeelding to a pacification , nor depart from the example of them , in the manner of securing the same . pag. . that we should fancy and create dangers to our selfe . we have little cause to think that the same malignant party which hath shed so much protestant blood in ireland , and about the same time plotted a villanous massacre in edenborough , hath been supinely snorting in england all this parliament , since their vigilance is more concerned here , then in either of these kingdomes ; and since they have advantages to doe mischifes in england , far greater than in scotland , and almost as great as in ireland , and for the plots themselves , divers of them have not been invisible , and yet if the king had not concealed , and did not yet conceale , some passages ( as being below him ) they had been more visible ; but iealousie in such cases is not unpolitique , and the lesse iealous the king is , the more we have cause to be so : ireland a few dayes before its ruine , had lesse ground of feare then we have had ; some of our treasons here have not been planted in traines and mines , so deep and dark , nor so much resembled the cockatrice eye , as that of ireland , and if the king be not privy to the plots , yet as long as the plotters having aymes beyond him , plow with his heifer , and act by his power , our condition is the more desperate and remedilesse , and since the king cannot see into the breasts of those his followers , whom we suspect , hee ought not so far to despise the publique iealousies of whole nations , or the distractions or insecurity of such considerable multitudes as he doth ; but the king appeales to gods all-searching eye , and we doe the same , imploring of him to be the more vindicative in this case , the more destitute ▪ we all are of any other recourse or redresse upon earth . pag. . wherein they usurp the word parliament . the king frequently vowes to maintaine parliaments in their priviledges , yet his papers many wayes derogate from them ; for first if hee please to sever himselfe , those great councels are not to bee named parliaments . secondly , whatsoever name is due , the vertue of publique representation is denyed them , they are not to bee lookt upon as the whole kingdome , and this is destructive to the essence of parliaments . thirdly , if the concurrence of both houses , nullo contradicente , be of some sanctity and authority , yet the maior part of both houses is not so vigorous as the totall , and here is another devise to frustrate all parliaments . fourthly , if the maiority shall binde , and the minority acquiesce therein , yet if it bee obiected that some few factious spirits mislead and befoole the majority , all is void , parliaments thus are made ridiculous assemblies , and all justice at the last resort is to be expected from the kings sole breast , or else no where ; for if the king will withdraw himselfe , all courts as well as parliaments are thus defeated and disabled , and then if the king assumes not sole power to himselfe , all government is expired , and no way is left for the kingdome to preserve it selfe , and what can be more unnaturall ? in policy then , if wee are growne weaty of parliaments , and will dissolve them into nothing , we ought to erect some other court above them , or in their stead , or else to resigne all into the kings sole boundlesse discretion , for any forme of rule is better then none at all ; and before we demolish old structures , we ought to be advised of the fashions of new . pag. . and whose advise we are resolved to follow . but what if the major and better part of the privy councell concurre with the king , if parliaments must down , that rule is better then anarchy ; but hitherto neither both houses , nor the judges , nor the lords of the councell have concurred , but if the concurrence of parliaments be not necessary , how can any other seeme but unnecessary , and at meere discretion , hath not the king the same right to shake off inferiour councels , as that which is supreame , or shall he have cause to confide in the knowledge of lesse honourable courts , more then of that which is the quintessence of all his subiects , which is indeed the very throne it selfe whereon he sits so sure , and whose consent and councell is that very diadem which inriches his temples , and that mace which armes his hands ; who would have thought in time of parliament to have heard the name of privy councellor cited to the lessening of parliaments , yet here nothing but the very name too is cited , nor no compsiance promised but arbitrary ; so many wayes are parliaments blowne away like bubbles , yet none is so much insisted on , as that which seemes most incredible , that master pym , and foure or five of his consorts should besot and stupifie two or three hundred gentlemen chosen out of the flow●e of the kingdome , when as the king hath in parliament some spirits as mercuriall , and heads as watchfull , and hearts as resolute , without some extreamly violent magicke , may seeme incredible , nay , were it certaine that master pym were the greatest nigromancer living , and the deepest read in black infernall arts , i should hardly trust the efficacy of his spells in such expedients . pag. . that those rebels publiquely threaten the rooting out of the name of the english . that the irish rebels by their successe are now intentive to roote out the english , is probable , but their first ayme and cause of commotion might be some other more particular inducement , for the english government was long before in the same manner irksome to them as now , but some other invitation now happened of shaking it off , and not before . ibidem . as they have invaded that power of ours over the militia . the question is not to be put indefinitely , whether or no the king ought to order the militia in times of no extraordinary danger ; our case is now upon supposition , if the king in extraordinary danger will not yeeld to such a posture as the kingdome thinkes most safe , whether the parliament may not order that posture of themselves , so the parliament puts it . but the king puts it thus . if the parliament invades his power over the militia causelesly , whether they may not as well seize any subiects estates . that question then which must decide all , is this , whether that posture which the parliament chuses , or that of the kings , be most safe for the kingdome at this time , and who shall iudge thereof most properly . till now that the ancient pillars of law , and policy were taken away , and the state set upon a new basis , no evill was to be presumed of the representative body of the kingdome , nor no justice expected from a king deserting his grand councell , but now every man may arraign parliaments , & they which understand no reason , must have reason , not authority to rely upon ; no king was ever yet so just but that parliaments have in some things reduced them from error , nor no kings so unjust that parliaments did seduce into errour , yet parliaments are now charged of being enemies to religion , laws , liberties . and the king to preserve these , absents himselfe from parliaments , but since we must dispute for parliaments ; first we say they must in probabilitie be more knowing then any other privadoes ; secondly , in regard of their publike interest , they are more responsible then any other , and lesse to be complayned of in case of errour . thirdly , they have no private interest to deprave them , nothing can square with the common councell but the common good , and if . of the nobilitie and gentrey should ayme at an aristocraticall usurpation , or any other power of oppression , they could never compasse their ends , it were folly in them . some such objections have beene made against this parliament , but finding little credit , at last some few of the parliament are pitcht upon , as if it were credible that all the kingdome in whose hands all reall naturall power consists would inslave themselves to . or those . voluntarily become slaves to five men . ( good god ) the king is presum'd to have the hearts of the majority , and to bee trampled upon by some few , and yet the magicall incantation is so strong , that neither the kings authoritie , nor the justice of his cause , nor the oppressed commonaltie can prevaile against the parliament , or the parliament it selfe , against such an inconsiderable number in parliament . o that some mercury would reconcile my understanding in this court logick , or give me some clew of thread to disingage me out of this blind labarinth ; but to come more particularly to the militia it selfe , now setled by the parliament , the king excepts against the parliaments ordinance , for two reasons , first because it excludes him for the disposing of it , and secondly from determining it at his pleasure , but we must know that the kingdome trusts the king with armes as it doth with the lawes , and no otherwise , and since the king in person is not most fit alwayes , nor can in all places be present , to execute either military or judiciall offices , therefore the maine execution in both is intrusted to substitutes ; the end of all authority in substitutes is , that the kingdom may be duely and safely served , not that the kings meere fancy may be satisfied , and that end is more likely to be accomplished where the kingdome , then where the king chuses , but whosoever chuses the substitutes , the king is not excluded thereby , for the king hath more cause to confide in men recommended by his highest court , then the people have in men preferred meerely by the king , against the consent of his highest court ; and if it were not so , vet the confidence and assurance of the people , in times of distractions , is more requisite then the kings , but in this new militia , the king is not so much excluded from his generall superintendance , and supreame influence , as he is in subordinate courts of justice , and yet even in the kings bench , where the king in pleas of the crowne may not sit as judge , he may not bee said to be excluded , neither is it any prejudice to the king in the second place , that he cannot determine these new commissions at his pleasure without publik consent , except upon misdemeanour , for though all men naturally desire absolute command , and to be uncontroleable in things that are bad as well as things that are good , yet this is but the exorbitant desire of corrupted nature , and wise men doe not seeke alwayes to satisfie it , but rather to suppresse it . in case of misdemeanor no mans commission shall justifie him agains the king , and where no misdemeanour is , what would the meere power of determining the commission availe the king . for wee see in divers monarchies and free states , some princes which are limited from evill are not the more disabled from good , and if they be sometimes , that nation is perhaps happier , which intrusts princes too little , then that which intrusts them two farre , and yet neverthelesse i desire to see no innovation in our english monarchy , neither if this king shall upon this or that emergent occasion yeeld to some temporall restraint , would i wish to see it perpetuall , except in things onely tending to evill , for example , the king had a prerogative to discontinue and dissolve parliaments at pleasure , and the abuse of this prerogative was the cause of all our late sufferings , but this prerogative being restrayned , what injury is likely to follow eyther to the king or state , for in such restrictions , wch are from greater evills , but from lesse good , the king ought not to be difficult , and in such restrictions which may disable from good , as well as evill , the people ought not to be importunate ; but it is further obiected that by the same power parliaments may disseise both the king and subiects from their estates , as they make ordinances for the militia , but in truth is not this a strange result , the parliament have power to doe good offices by the consent of the people , & therefore they may have power to doe ill offices against the consent both of king and people , it is of dangerous consequence to suppose that parliaments will do any iniustice , it looseth one of the firmest ●inewes of law to admit it ; but to conclude that parliaments can doe such iniustice as may oppresse both king and people , from whom all their power is derived , is unnaturall : and whereas the king claymes an interest in the militia as legall and proper as ours are , in our lands or tenements , we must avoyd mistakes herein ; for in our goods and inheritances we have not so pure and unconditionall a right , but that it is inconsistant with the common right also , and in this respect the kings possessions are not priviledged more then a subiect , for the states proprietie cannot bee excluded out of eyther , the same man also may have severall proprieties in severall things , for that propriety which the king hath in a subiect , is not the same , nor so intire as that which he hath in his horse , for that right which he hath as a prince , is by way of trust , and all trust is commonly limited more for the use of the party trusting , then the partie trusted ; in some cases also there are mutuall proprieties , and so the king ownes us as his subiects , and wee owne him as our king , but that ownership which we have in him as our king , is of a farre more excellent and high nature then that ownership which the king hath in us as his subiects ; that occasionall interest which the scots had in newcastle , or the parliament in hull , did not wholly drowne the kings interest , nor the particular owners , such temporary possessions may sometimes happen without the utter disseisin or dissinherison of each other , and we see in a breach of peace , the constable by force takes my sword from me , and in such manner as hee may not take my cloake , although my interest in my sword is as good as in my cloake , and yet my property in my sword is not altered by that propertie which the officer seises to himselfe ; and doubtlesse had the same arguments beene pressed against disseisin of lesley , as have beene since against sir iohn hotham , they would have beene held much more impertinent then now they are , so much more are wee vilipended and harder treated then other nations are ; let not common sence then bee so much baffled as to make this temporary possession of hull taken by sir john hotham , upon an extraordinary necessity of state so declared by the judgement of parliament , for the preventing of civill warre ; and consequently for the preventing of great dis-service , both to king and state ; the same thing , as the violent intrusion of a private dis-seizor upon the just inheritance of his neighbour : he which confesses , that the king hath a true and perfect interest in the kingdom , doth not deny , that the kingdom hath a more worthy and transcendent interest in it self , and in the king too : this is so far from contradiction , that he is farre from reason , that so conceives it . and he which doth not conceive that that which is the judgement of the major part in parliament , is the sence of the whole parliament ; and that which is the sence of the whole parliament , is the judgement of the whole kingdom ; and that which is the judgement of the whole kingdom , is more vigorous , and sacred , and unquestionable , and further beyond all appeal , then that which is the judgement of the king alone , without all councell , or of the king , with any other inferiour clandestine councell , most raze those rocky foundations , upon which , this state hath been so happily settled , for so many ages now past . as to the impeachment of the fix members of parliament , the king pleads retractation & satisfaction , his retractation is an acknowledgement , that it was a casuall single mistake ; yet in forme only ; for the grounds of his charge when they shall be published , he assures us , will satisfie the world ; but in the mean time , these grounds are kept unpublished , contrary to the desire of the parliament , and the whole kingdom , and till that publication the world remains unsatisfied , nay it is most wonderfull , that so desperate and horrid a plot , as that yet seems to be , should be so long neglected , to the kings vast dis-advantage , and the peoples miserable disquiet , if cleer satisfaction could be so easily given , every man sees , that the charge , if it had not good grounds did stab furiously at the heart of all parliaments , and at all liberties in parliament , but till publication of these grounds be , no man will presume to judge ; yet it is of great concernment to his majesties honour , and the kingdoms peace , that it be not too long delayed . but in the next place , the king conceives , that the parliament hath been injurious to him in vindication of parliament priviledges , and therefore ought to be satisfied ; the parliament still begs for that publication , for nothing else can make them appear to have been injurious ; and till they appear to have been injurious ; they ought not to be condemned as injurious , for de non entibus & de non apparentibus eadem est ratio ; as for the kings coming into the house of commons so armed , till publication of the cause of that coming , the circumstances cannot be duely waighed . by this law the subjects of england might not use any defensive force against an officer in any case , though of the most undoubted priviledges , or rights , by a kinde of after game , he must seek remedy in the future ; but for the present , he is remedilesse , but if this be law , i think every man sees that the english mans liberty , and share in the grand charter , is a thing easily deseasable , for it is as likely , that the king may justifie and protect his ministers , after the execution of unjust commands , as to urge them by undue warrants to the same , and if so , then where is the subjects of england , freedom and patrim●●● ; what is it still but held upon the kings meer courtesie . it s known to the king , who hath incensed him against his parliament , and who have given councell derogatory to the honour , and destructive to the essence of all parliaments , and to the parliament this is utterly unknown ; yet the king desires evidence of these things from the parliament ; nay , though he disavow the sheltring of ill ministers , yet he conceals such as have traduced and slandered the parliament in some things notoriously false ; and yet to an ordinary understanding , it is the same thing to conceal , as to shelter a delinquent ; and if it be below a king to reveal a trayterous incendiary , that hath abused his ear with pernitious calumnies , it is below him too to leave him to justice being otherwayes revealed . he which will not accuse the king for want of zeal against the irish rebels ; yet may truly say , there is not the same zeal exprest , as was against the scots , though the case be farre different , for the scots were protestants , and had been greatly agrieved , and were not imbrued willingly in bloud , and yet the english nation against their wills , were most rigorously hastned , and inforced to arm against them ; but now , when the english nation and scots too , were moved to indignation , and horrour , against the most bloudy perfidious ingratefull villaines in the world ; their proffered supplyes are retarded , and opportunities are neglected , and nice exceptions framed , and the cursed reproaches of the rebels themselves , calling the parliament disloyall and traytors , are countenanced and seconded . the depositions taken concerning bringing up of the army , do not evince beyond all doubt , that any such agitation was with the kings privity ; but according to humane judgement , which do not alwayes proceed upon certain appearances of things . some such things were in agitation , and some presumption there is of the kings privity , and if in other cases such presumptions as these do not alwayes passe , for good and strong proofs ; yet i in my experience , did never here before , that they were rejected as light discourses , though the king now contemn them so ; neither is the meer miscarriage of the plot without the prevention of the parliament , any good argument that no such plot was , for so the irish may be excused in all those places , which they failed to surprise , for treason were no treason , if it were not more obscure and hard to be discovered , and that as well by the ill as good successe of it . as for those tumults about westminster , how farre the londoners were ingaged in them , offensively , and defensively , and how farre the souldiers which were entertained at whiteball , were raisers of them , and how farre theeves , and boutifures intermingled themselves for rapines sake , rests yet in judgement ; and i conceive the parliament is as desirous to have justice seasonably done therein , as the king ; but sure , the english nation , nor the city , nor the parliament , cannot be suspected of having any intent to raise arms against the kings person , or his children : this were a great scandall and unmerited , and if the kings flight was for fear of any cursed assassinates ; for which the english have not been infamous , his ordinary guard had been as safe to him here , as it is at york . here it is supposed , that parliaments may make an ordinance contrary to law , nature , reason , sence ; and it is inferred therefore , that they are dangerous , and may bring the life and liberty of the subject to a lawlesse , and arbitrary subjection ; this supposition is inconsistent with one of the most sacred and venerable pillars of all law and policy ; and yet here it is insisted upon , let all chronicles be searched , and let one story be cited of any parliament , which did tyrannize over king and subiect , or ordain any thing to the mischief of both ; yet kings i think will not make the same challenge , the best of them have done acts of oppression , and the reasons are apparant for it ; but no reasons can be given why parliaments should usurpe , or how they can usurpe ; yet the kings inference runs against all parliaments : he doth not say this parliament tyrannizeth , and therefore he resides from them , and pronounces their votes invalid , but because parliaments may tyrannize ; therefore they have no power in their votes at all , at any time whatsoever , further then the king ratifies them . the parliament sayes not so much ; they say he is now seduced by wicked councell , and therefore rejects their requests , to the danger of the state : in such cases they conceive there is a power in them to secure the state without his concurrence : at other times , when the kings are not seduced , they ought to do nothing without their consent ; for non recurrendum est ad extraordinaria in iis quae fieri possunt per ordinaria : whether this or that doctrine enwraps the greatest danger , let all the world judge . as for seditious preachers and pamphlette●rs , the parliament will not protect any , when greater matters are provided for , the law shall have a free course against them ; and account shall be given by all which have favoured them . in the mean time the parliament only desires , that it may not be put is these times of generall extremity , to intend universall enormities , and in the le●all pursuance thereof be made informers , solicitors , witnesses , and judges , and that they may not be bound to give an account for all misdemeanors , or to remedy all mens abuses in an instant , and not withstanding all opposition , give generall satisfaction to all the world , or aspire to a condition above man . we hold parliaments in england , as the apples of our eyes ; and we know all liberty must stand or fall with them ; and we conceive parliaments were never more endangered ▪ nor by more conspiracies assayled , then they have been since this parliament began : and the persons which possesse the king against them we cannot nominate , but he knows , and favours , and employes them . if he have any councellors which suggest advice to him , as his late papers carry in them , they are the malignant party ; and their study is , that some way may be found out , so to master and quell this parliament , as that is may president future times to do the same . nothing is more visible , then that parliaments are odious to court parasites ; and the same disposition which discontinued them so long , and dismissed them so often , still labours to frustrate and ruinate them for ever . what parties have been framed in the country , in the city , in the parliament it self , in england , in scotland , in ireland , in other nations , to blast this parliament , and to make it scandalous ; and yet we all see they are traytors , they are unheard-of parallel'd traytors : for seeking their own defence , for entertaining any jealousies , or for mentioning any plots : what late change there is in the king , or alienation from the defendors of arbitrary power , is not evident by his papers ; for if they do truely represent him and his councellors to us , we may doubt that parliaments are not gotten into better grace at court , then they were in my lord of straffords time ; and yet it is undoubted , that if we suffer in the rights of parliaments , no other rights can be done us : and as we were better have no parliaments , then parliaments maimed in their priviledges , so we had better have no being at all in england , then no parliaments , the main thing begged by the parliament , is the kings return , and that all subordinate power and honour ( especially during our distractiors ) may be put into mens hands as the generality is assured of : how this should be contrary to his conscience and understanding here , and not in scotland , i do not see ; and yet that which was there reasonable , is here treasonable ; nay , and though we be denyed in it , yet we must not believe cur eyes , for still it is pressed that the parliament has done nothing for the king , and have been denyed nothing from the king , in the least degree necessary to the peace , plenty , and security of the subiect ; and yet in publike matters , conscience , and understanding are not alwayes to be too farre trusted , where we depart from maior-parties , or such who are more to be trusted , then our selves , few cases are in law or policy beyond all dispute and scruple ; and if the king in disputable cases will charge his own apprehension , rather then his other judges and councellors , his brest must prove at last the sole unappealable judge of all things . how the king is to given an account of his royalty here , to his other kingdoms , more then to this ; or how it is beyond the cognizance of parliaments , because he is accountable to god for it ; i apprehend not , subordinate magistrates are also accountable to god , and their power is derived from god , and yet it is not beyond humaine determination , but some courtiers do suggest that all supream dignities are so founded by gods immediate hand alone , as there remains nothing humaine in them , and that publike consent of such , and such nations , as to such and such limits , and conditions is nothing at all requisite ; this is the ground of all arbitary unbounded sway ; for if nations by common consent , can neither set limits , or judge of limits set to soveraignty , but must look upon it as a thing meerly divine , and above al humain consent or comprehension , then all nations are equally slaves , and we in england are borne to no more by the laws of england then the asanine peasants of france are there , whose wooden shoes and canvas breeches sufficiently proclaim , what a blessednesse it is to be borne under a meer divine prerogative ; but i hope that prerogative , in defence of which , the king intends to sacrifice his life , is that which is setled , and bounded by the known laws of the land , and whose surest ▪ basis is the common consent , and whose most honourable end is the common good , and not such a divine prerog●ti●e ; which none understand , but our ghostly councellors , which alwayes expresse sufficient enmity and antipathy to the publike acts and pacts of men : it is generally believed , that these late expressions of the kings had not been so sharp , if there had not been more of the divine , then either of the lawyer or statesman in them ; but god send our schollers more grace to think more honourable of their pulpits , that the church may be more edified , and the state lesse pert●●●ed by them hereafter ; t was heretofore levi and simeon the heads of the main malignants , whose union breeds our disunion , were papists and hierarchists , they now are hierarchists and papists . finis . notes, typically marginal, from the original text notes for div a e- pag. . . that no retractation made by us , nor no actions since that time committed against us , and the laws of the land , under pretence of vindication of priviledges , can satisfie the contriver of that declaration . pag. . such a minister might be punished for executing such authority . pag. . and if such be about us , or any against whom any notorious malicious crime can be proved , if we shelter or protect any such , let our injustice be published to the world . pag , ibid. they have implyed our connivance , as want of zeal against the rebels in ireland . pag. . when with our privity the army was in agitation . pag. . we will have iustice for those tumults . page . where is every mans property , every mans liberty , if a major part of both houses declare , that the law is , that the younger brother shall inherite , what becomes of all the families and estates in the kingdom ▪ pag. . seditious pamphlets and sermons . pag. . that such are continually preferred and countenanced by us , who are friends or favourers , or related unto the chief authors or actors of that arbitrary power heretofore practised and complained of . pag. . vve require no other liberty to our wills , then the meanest of them do , we wish they would alwaies use that liberty , not to consent to any thing evidently contrary to our conscience and understanding : and we have , and shall alwayes give as much estimation and regard to the advice and counsell of both houses page , . the office and dignity of a king , is not within their determinations , and of which we must give an account to god , and our other kingdoms . to the kings most excellent majesty, in parliament. the humble petition of james percy percy, james, - ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p bb estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most excellent majesty, in parliament. the humble petition of james percy percy, james, - ? [ ], - , [ ] p. s.n., [london : ?] caption title. imprint from wing. reproduction of the original at the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng percy, james, - ? -- early works to . england and wales. -- parliament -- early works to . land titles -- england -- early works to . inheritance and succession -- england -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent majesty , in parliament . the humble petition of james percy . sheweth , that this annexed petition fairly writ , was presented at the bar of the lords house the th . instant . that your petitioner is at a vast charge in keeping his witnesses in town , waiting for an order , and a day appointed , according to the prayer of the said petition . he therefore prays , that your majesty would be graciously pleased to call for the said petition , and cause it to be read ; and that a short day may be appointed , that a fair hearing may be had , to find out the truth , and that justice may be done accordingly : and let it not be said in england , that the innocent are punished , and the guilty go free : but call to mind how merciful god hath been , in restrring your majesty ; even so in pity restore your poor distressed subject . and he shall ever pray , &c. james percy . this petition was presented into his majesties sacred hand , the th of december . to lose such an opportunity as offered on thursday last , and now to trouble so good a king so oft , doubles your petitioner's sorrows . and that which adds to your petitioner's misery , is , that he cannot dispose of his witnesses , till a positive order be had ; for which he humbly prays . note these three following presidents . . the lord of newport begg'd the percies land of the king , for the duke of monmouth , when the duke was in france : but at the duke's return , percy the claimant waited upon the duke , to know his pleasure ; and told him , that my solicitor had betrayed me , for the percies lands were begg'd without the claimant's consent or knowledge . then the duke replied , mr. percy , you shall have a fair tryal at law : and moreover he did promise he would not stand upon priviledge : but when percy was ready for a tryal , then trumpt up priviledge . and mr. ross the duke's agent said , the duke could not set aside his priviledge : but the duke said , if percy proves himself heir , i have no right ; and forthwith sold his interest for an inconsiderable sum of money . . the lord ogle , that married the lady elizabeth percy , would have assumed the name of percy ; and put in a bill to be made an act to settle the lands upon him by act of parliament . . and it is reported that the lord of essex desired that some of those lands might be settled upon him by act of parliament . by this account the lands are yet unsettled : ergo then great reason it is , that the true heir-male of the percies bill should be made an act of parliament , to settle the name , title and estate together again , according to the first settlement confirmed by his ancestors . now your poor distressed and oppressed petitioner humbly and freely offers , for the obtaining of justice , and for the full satisfaction to the kings most excellent majesty , and the right honourable lords spiritual and temporal , and those honourable and worthy members of the house of commons in parliament assembled , ( if it be required and thought convenient , he being very unwilling to offer any thing that might give the least offence , but rather submit to their grave and mature wisdoms ) these proposals following . james percy the claimant and plaintiff , will pay into the hands of any trustees that shall be appointed to receive the money in trust for mr. john blakeston's costs , provided he likewise lay down the l. taken by surprize out of court before the tryal was ended . and mr. vtting's cost likewise shall be paid , for what sir john coppleston claims ; provided likewise that sir john coppleston pay the l. down , which he got when he ventured the breach of priviledge of parliament : provided the whole merits of the cause may have a fair hearing and determination before the lords : and if the plaintiff and claimant james percy , doth not prove himself to be the right true and next heir-male in blond of the percies of northumberland , then let them take all the money , and the plaintiff will freely acquit his claim for ever , and remain till death a loyal subject , and james percy . although his witnesses be dispers'd , a weeks time will bring them to town again , upon the sight of an order . for the claimant james percy ( by birth ) ought to enjoy the place , seat and priviledge of his ancestors , earls of northumberland ; but now he dares not appear , till an order be had . therefore he most humbly prays , that a fair hearing may be had , and that a true decision of his just cause and claim may be made , according to justice : so that the innocent may be preserved , and that the fraudulent practices not just may march off with shame : for heroick actions glorifies god , honours the king , and makes all the people shout for joy . god hath been pleased to make a true decision himself , which may be a president ; for he sent the claimant from his mothers womb with a crescent into the world , which is gods ensign of truth , and the very badge belonging to the percies earls of northumberland . in witness to this truth , i have set to my hand and seal , this d. of january , / . james percy . crescent from percy blazon friday of july, . resolved by the parliament, that the members of parliament, who have had letters to attend the service of the parliament ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) friday of july, . resolved by the parliament, that the members of parliament, who have had letters to attend the service of the parliament ... england and wales. parliament. sheet ([ ] p.). printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london, : . title from caption and first words of text. imperfect: creased with some loss of print. reproduction of original in the henry e. huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e a). civilwar no friday of july, . resolved by the parliament, that the members of parliament, who have had letters to attend the service of the parli england and wales. parliament d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) friday of july , . resolved by the parliament , that the members of parliament , who have had letters to attend the service of the parliament , or have actually attended since the seventh of may , one thousand six hundred fifty nine , be hereby enjoyned to give their attendance in parliament every morning at eight of the clock , for fourteen days . resolved by the parliament ▪ that the members of parliament , who have had letters to attend the service of the parliament , or have actually attended since the seventh of may , one thousand six hundred fifty nine , as are absent , ( except such as are imployed upon special service by order of the parliament ) be hereby enjoyned to attend this house on , or before this day fortnight . ordered by the parliament , that these votes be forthwith printed and published . tho. st nicholas clerk of the parliament . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , . a declaration of the parliament assembled at westminster. whereas the parliament of this commonwealth having, through the eminent favour and mercy of god, sate many years in the performance of the trust reposed in them by the people, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the parliament assembled at westminster. whereas the parliament of this commonwealth having, through the eminent favour and mercy of god, sate many years in the performance of the trust reposed in them by the people, ... england and wales. parliament. sheet ([ ] p.) printed by john field, and are to be sold at the seven stars in fleetstreet over against dunstans church, london : . title from caption and opening words of text. describing the proceedings which lead to the return of the members of the long parliament, and asserting their determination to stand by the good old cause. dated at end: saturday the th of may . signed: jo. phelpes, clerk of the parliament pro tempore. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the parliament assembled at westminster. whereas the parliament of this commonwealth having, through the eminent favour and england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the parliament assembled at westminster . whereas the parliament of this commonwealth having , through the eminent favour and mercy of god , sate many years in the performance of the trust reposed in them by the people , whose representatives they are ; and being in the prosecution of that duty assembled in parliament at westminster upon the th day of april . were then interrupted and forced out of the house from that time until this present day . and whereas the officers of the army raised by this parliament , calling to minde that the same parliament , consisting of the members which continued to sit until the th of april . were assertors of the good old cause , and had a special presence of god with them , and were signally blessed in that work , did adjudge it their duty ( the desires of many good people concurring with them therein ) to invite the aforesaid members to return to the exercise and discharge of their trust , as before the said th of april . and for the effecting thereof , the lord lambert , with divers other officers of the army , in the name of the lord fleetwood and councel of officers of the army , did upon the th day of may . resort unto the speaker of the said parliament , and in the presence of many of the said members of parliament presented a declaration , containing their earnest desire , that the parliament , consisting of those members who continued to sit since the year . until the th of april . would return to the exercise and discharge of their trust , promising their readiness in their places , as became them , to yield their utmost assistance to them to sit in safety , for improving the present opportunity for setling and securing the peace and freedom of this commonwealth , praying for the presence and blessing of god upon their endeavours . whereupon the speaker , with the aforesaid members of parliament , resolved to meet at westminster the next morning , giving notice to others of their fellow-members of such their intention : and accordingly the speaker , with the said members , being assembled at westminster the th of may . found it a duty incumbent on them , not to neglect this opportunity , which the wonderful and ( as they hope ) the gracious providence of god hath held forth unto them , for the prosecution of what yet remains of their great trust . all which the parliament taking into their consideration , do declare , that they are resolved ( through the gracious assistance of almighty god ) to apply themselves to the faithful discharge of the trust reposed in them , and to endeavour the settlement of this commonwealth upon such a foundation , as may assert , establish and secure the property and liberties of the people in reference unto all , both as men and as christians , and that without a single person , kingship or house of peers : and shall vigorously endeavour the carrying on of reformation so much desired , and so often declared for , to the end there may be a godly and faithful magistracy and ministry upheld and maintained in these nations , to the glory and praise of our lord iesus christ , and to the reviving and making glad the hearts of the upright in the land . saturday the th of may . ordered by the parliament , that this declaration be forthwith printed and published . jo . phelpes clerk of the parliament pro tempore . london , printed by john field , and are to be sold at the seven stars in fleetstreet over against dunstans church , . by the council of state. a proclamation· whereas the council of state hath received information, that there is an endeavour by colonel john lambert, and other officers (lately reduced) to raise a new war and to imbroil the nation in blood and distractions ... proceedings. - - england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the council of state. a proclamation· whereas the council of state hath received information, that there is an endeavour by colonel john lambert, and other officers (lately reduced) to raise a new war and to imbroil the nation in blood and distractions ... proceedings. - - england and wales. council of state. sheet ([ ] p.) printed by abel roper and tho. collins, printers to the council of state, london : [ ] a number of army officers, who are suspected of wanting to join col. john lambert in fomenting new rebellion, are to surrender themselves within three days. at end of text: given at the council of state at whitehall, this one and twentieth day of april, . steele notation: endeavour miller common-. title from caption and opening lines of text. reproduction of original in the henry e. huntington library. eng lambert, john, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation· whereas the council of state hath received information, that there is an endeavour by colonel john england and wales. council of state a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ by the council of state . a proclamation . whereas the council of state hath received information , that there is an endeavour by colonel john lambert , and other officers ( lately reduced ) to raise a new war , and to unbroil the nation in blood and distractions , and to hinder the members from meeting in the next parliament , on whose free councel ( under god ) the hope of setling the nations doth principally depend . and being informed that colonel john hewson , col. ralph cobbet , col. edward salmon , col. ashfeild , major creed , major general tho. harrison , col. john okey , major wagstaff , lievtenant col. miller , captain john blackwell , captain richard dean , and major gladman ( some of them being the number of those nine officers upon whom the parliament put a mark of displeasure , for their former disturbing of parliament authority , and colonel robert lilburn , who was summoned to attend the council , and came accordingly to london , hath lurked privately about the town , and is since departed , without making his appearance ) are persons apprehended to be dangerous , and bent to ingage with the said colonel john lambert , in disturbing the peace of the nation , and to interrupt the sitting of the next parliament . the council doth therefore hereby strictly charge , and require the said colonel john hewson , col. ralph cobbet , col. edward salmon , col. ashfeild , major creed , major general thomas harrison , col. john okey , major wagstaff , lievtenant colonel miller , captain john blackwell , capt. richard dean , major gladman , and col. robert lilburn , to appear and tender themselves to the council at white-hall , within three daies after the proclaiming of this proclamation , in the county or place where any of the said persons are or shall be , under the pains and penalties of being proceeded against , and of having their estates to be forthwith seized and sequestred for the use of the common-wealth , in case of their failer to appear according to the time limitted by this proclamation . given at the council of state at whitehall , this one and twentieth day of april , . london , printed by abel roper and tho. collins , printers to the council of state . by the king and queen, a proclamation for dissolving this present parliament, and declaring the speedy calling another england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation for dissolving this present parliament, and declaring the speedy calling another england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill and thomas newcomb ..., london : [i.e. ] "given at our court at whitehall, the sixth day of february, , in the first year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qui mal y pense royal blazon or coat of arms by the king and queen , a proclamation for dissolving this present parliament , and declaring the speedy calling another . william r. whereas we have thought fit , for divers important and weighty considerations , by and with the advice of our privy council , to dissolve our present parliament , which now stands prorogued to the second day of april next ; we do for that end publish this our royal proclamation ; and do hereby dissolve the same accordingly : and the lords spiritual and temporal , and the knights , citizens and burgesses of the said parliament , are discharged from their meeting upon the said second of april . and to the intent our good subjects may perceive the confidence we have in their good affections , and how desirous we are to meet our people , and have their advice in parliament , we do hereby make known to our said subjects , that we have given directions to our lords commissioners of our great seal , for the issuing out of writs in due form of law for the calling of a new parliament , which shall begin and be holden at westminster on thursday the twentieth day of march next . given at our court at whitehall , the sixth day of february , . in the first year of our reign . god save king william and queen mary . london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties . . a proclamation concerning the president and council of wales, and marches of the same england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation concerning the president and council of wales, and marches of the same england and wales. sovereign ( - : charles ii) charles ii, king of england, - . leaves. printed by john bill and christopher barker ..., london : . reproduction of original in the university of illinois (urbana-champaign campus). library. imprint information taken from colophon. caption title. at head of title: by the king. at end of text: given at our court at whitehall, the twenty eight day of september, . in the thirteenth year of our reign. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- privy council. wales -- politics and government -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev·et mon·droit honi · soit · qvi · mal · y pense royal blazon or coat of arms by the king. a proclamation concerning the president and council of wales , and marches of the same . charles r. whereas the kings most excellent majesty , by and with the advice of his privy council , for many weighty considerations hath beén graciously pleased to establish and continue his honorable council in the dominion and principality of wales , and marches of the same , in the same manner and form as his royal progenitors , kings and queens of this realm have heretofore used for the good government , ease , and benefit of the inhabitants of those parts . his majesty therefore by the advice of his said privy council , doth hereby publish and declare , that his majesties president and council established in the said dominion and principality of wales , and marches of the same , have full power and authority to hear and determine all such causes and complaints as are comprehended in his majesties instructions , delivered unto his majesties president of that council : as also , that his majesties loving subjects within the dominion and principality of wales , and marches thereof , as heretofore used and accustomed , may fréely repair unto the said president and council for relief and iustice in their lawful and necessary suits . and his majesties further will and pleasure is , that the authority and proceédings of his said president and council , be duly and fully acknowledged and obeyed : to which purpose , his majesty doth hereby streightly charge and command all majors , sheriffs , under-sheriffs , bailiffs , serjeants , and all other inferior officers and ministers of iustice , within the iurisdiction of the said court , to serve , execute , and obey all precepts , process , and letters of iustice of his said president and council , and in all points and places within the said principality and marches thereof , to be attendant to them . and furthermore , that all his loving subjects within the said dominion and principality of wales , and marches thereof , as heretofore used and accustomed , do yield their obedience , and submit themselves unto the orders , precepts , commands , and decreés of the said president and council accordingly , as they will answer the contrary at their utmost peril . given at our court at whitehall , the twenty eighth day of september , . in the thirteenth year of our reign . god save the king . london , printed by iohn bill and christopher barker , printers to the king' 's most excellent majesty , . at the king's printing-house in black-fryars . a petition of the major, aldermen, and common-councell of the citie of london, to his majestie together with his majesties gracious answer thereunto. city of london (england). court of common council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a petition of the major, aldermen, and common-councell of the citie of london, to his majestie together with his majesties gracious answer thereunto. city of london (england). court of common council. england and wales. sovereign ( - : charles i) [ ], p. printed by robert baker ..., and by the assignes of john bill, london : . reproduction of original in thomason collection, british library. eng england and wales. -- sovereign ( - : charles i) great britain -- history -- charles i, - . london (england) -- history -- th century -- sources. a r (wing p ). civilwar no a petition of the major, aldermen, and common-councell of the citie of london, to his majestie. together with his majesties gracious answer corporation of london b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a petition of the major , aldermen , and common-councell of the citie of london , to his majestie . together with his majesties gracious answer thereunto . london : printed by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . mdcxli . to the kings most excellent majestie . the humble petition of the maior , aldermen , and common-councell , of the citie of london . may it please your most excellent majestie ; the often expressions of your most gracious acceptance of the manifestation of the petitioners duty and loyalty , and the frequent declarations of your majesties great care of the good and welfare of this city , and of the true protestant religion , and of protecting and preserving the persons and priviledges of your great councell assembled in the high court of parliament : each encouraged the petitioners to represent the great dangers , fears , and distractions wherein the citie now is , by reason of the prevailing progresse of the bloody rebels in ireland , fomented , and acted by the papists and their adherents , and want of aid to suppresse them , and the severall intimations they have had both forraign and at home , of the driving on of their designes , tending to the utter ruine of the protestant religion , and of the lives and liberties of your majesties loyall subjects , the putting out of persons of honour and trust from being constable and lieutenant of the tower , especially in these times , and the preparations there lately made , the fortifying of vvhitehall with men and munition in an unusuall manner : some of which men with provoking language and violence , abused divers citizens passing by , and the drawing divers swords , and therewith wounding sundry other citizens in vvestminster-hall , that were unarmed : the late endeavours used to the innes of court , the calling in divers c●noniers , and other assistance into the tower , the late discovery of divers fire-works in the hands of a papist , and the misunderstanding betwixt your majestie and parliament , by reason of misinformation , as they humbly conceive . besides all which , the petitioners fears are exceedingly encreased by your majesties late going into the house of commons attended with a great multitude of armed men besides your ordinary guard , for the apprehending of divers members of that house , to the endangering of your sacred person , and of the persons and priviledges of that honourable assembly . the effects of all which fears tend , not only to the overthrow of the whole trade of this city and kingdom , which the petitioners already feel in a deep measure ; but also threatens the utter ruine of the protestant religion , and the lives and liberties of all your loyall subjects . the petitioners therefore most humbly pray your sacred majestie , that by the advice of your great councell in parliament , the protestants in ireland may be speedily relieved , the tower put into the hands of persons of trust : that by removeall of doubtfull and unknown persons from about vvhite-hall and vvestminster , a known and approved guard may be appointed for the safetie of your majestie and parliament , and that the lord mandevill and the five members of the house of commons , lately accused , may not be restrained of libertie , or proceeded against , otherwise then according to the priviledges of parliament . and the petitioners ( as in all duty bound ) shall pray for your majesties most long and happy reign , &c. his majesties answer to the petition of the maior , aldermen , and common councell of the citie of london . his majestie having fully considered the matter of this petition , is graciously pleased to declare , that being unalterably resolved to make good all his expressions and declarations of his care of this city ; of the true protestant religion , and of the priviledges of parliament ; his majestie takes in good part , the intimation given by the petitioners of the fears and distractions wherein the city now seems to be . and though hee conceives hee did on wednesday at the guild-hall satisfie most of those particulars , is pleased to adde this further answer . that for the sad businesse of ireland , his majestie cannot possibly expresse a greater sence then he hath done , there being nothing left on his majesties part unoffered or undone . and he hoped by the speedy advice and assistance of his parliament , that great and necessary vvork would be put in a just forwardnesse , to which his majestie will contribute all his power : and how zealous hee is and hath been therein , will appear in a declaration speedily to be set forth by his majestie . for the tower : his majestie wonders , that having removed a servant of good trust and reputation , from that charge , onely to satisfie the fears of the citie , and put in another of unquestionable reputation , and known abilitie , the petitioners should still entertain those fears ; and whatever preparation of strength is there made , is with as great an eye of safety and advantage to the citie , as to his majesties own person , and shall be equally imployed to both . for the fortifying of white-hall with men and munition in an unusuall way : his majestie doubts not , but the petitioners have observed the strange provocation he hath received to entertain that guard : that by the disorderly , and tumultuous conflux of people at vvestminster and vvhite-hall , his majesties great councell was not onely disquieted , but his own royall person in danger , most seditious language being uttered even under his own windows , whilest the examination and punishing such tumults by the course of law were interrupted and stopped . and if any citizens were wounded or ill intreated , his majestie is confidently assured , that it hapned by their own evill and corrupt demeanours . his majestie knowes no other endeavours to the innes of court , then a gracious intimation , that he received the tender of their loyall and dutifull affections with very good approbation and acceptance , and an incouragement given them to continue the same upon all occasions . neither doth his majestie know , what discovery hath been lately made of fire-works in the hands of any papist . for his going to the house of commons ( when his attendants were no otherwise armed then as gentlemen with swords ) his majestie is verily perswaded , that if the petitioners knew the clear grounds upon which those persons stand accused of high treason , and what will be proved against them ( which in due time they shall be acquainted with ) and considered the gentle way his majestie took for their apprehension ( which he preferd before any course of violence , though that way had been very justifiable ; for his majestie is very well assured that it is notoriously known , that no priviledge of parliament can extend to treason , felonie , or breach of the peace ) the petitioners would beleeve his majesties going thither was an act of grace and favour to that house , and the most peaceable way of having that necessary service for the apprehension of those persons performed ; specially , if such orders have been made ( which his majestie is not willing to beleeve ) for the resistance of all lawfull authority , as are discoursed of . and for the proceedings against those persons mentioned in the petition ; his majestie ever intended the same should be with all justice and favour according to the laws and statutes of the realme ; to the which all innocent men would cheerfully submit . and this extraordinary way of satisfying a petition of so unusuall a nature , his majesty is confidently perswaded , will be thought the greatest instance can be given of his majesties clear intention to his subjects , and of the singular estimation he hath of the good affections of this citie , which he beleeves in gratitude will never be wanting to his just commands and service . finis the articles and charge of the armie against fourscore of the parliament men, who have acted contrary to the trust reposed in them by the people, and would have his majesties late concessions to be a ground of peace with the names and number of those who were seized on by col. pride on wednesday last at westminster and committed to safe custody : likewise, the further demands of his excellency and the generall councel of officers, and their desires touching major generall brown, sheriff of the city of london. england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the articles and charge of the armie against fourscore of the parliament men, who have acted contrary to the trust reposed in them by the people, and would have his majesties late concessions to be a ground of peace with the names and number of those who were seized on by col. pride on wednesday last at westminster and committed to safe custody : likewise, the further demands of his excellency and the generall councel of officers, and their desires touching major generall brown, sheriff of the city of london. england and wales. army. [ ], p. printed for c.w. ..., [london] : . "by the appointment of his excellency the lord fairfax, lord generall, and his generall councell of officers ... john rushworth, secr." caption title: the charge of the army against major general massey, sir william waller, col. hollis, col. copley, and the rest of the parliament men, who was [sic] impeached and taken into custody on wednesday, decemb. . place of publication from wing. reproduction of original in huntington library. eng england and wales. -- army. great britain -- history -- charles i, - . a r (wing a ). civilwar no the articles and charge of the armie, against fourscore and odd of the parliament men, who have acted contrary to the trust reposed in them england and wales. army d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the articles and charge of the armie , against fourscore of the parliament men , who have acted contrary to the trust reposed in them by the people , and would have his majesties late concessions to be a ground of peace . with the names and number of those who were seized on by col. pride on wednesday last at westminster , and committed to safe custody . likewise . the further demands of his excellency , and the generall councel of officers ; and their desires touching major generall brown , sheriff of the city of london . by the appointment of his excellency the lord fairfax lord generall , and his generall councell of officers , signed , john rushworth , secr. printed for c. vv. neer the royall exchange in cornhill , . the charge of the army , against major generall massey , sir vvilliam vvaller , col. hollis , col. copley , and the rest of the parliamen men , who was impeached and taken into custody on vvednesday decemb. . i. that whereas denzil hollis esq lionel copley esq maj. gen. massy , and others of your members , were in the year . impeached by your selves for treason , or for high crimes and misdemeanours , in relation to the treasonable engagement of the city of london , &c. and upon cleer proofs against them , were by your censure expelled the house ; yet by the prevalency of their faction the same persons were afterwa●ds readmitted to sit in the house , and vote as formerly , without any tryall or satisfaction in the things whereof they were accused : we demand that all those members so impeached may be forthwith secured , to be brought to justice or tryal for their said crims , and that such others of their faction , may be secluded from the house , &c. ii. that whereas by the confederacy of major gen browne ( now sheriff of london ) with the said impeached members , and others , the scots were invited and drawn in to invade this kingdom the last summer , insomuch as when upon the actuall in●asion the house proceeded to declare them enemies , and th●se that a●h●●e to them traytors ; yet the said confederates and other treacherous members ( to the number of ninety and odd , as u●on the division of the house appeared ) did by their councels and votes endeavour to hinder the house from declaring against their confederate inva●ers ; we desire , that the said m.g. brown may bee also secured and brought to judgment , and that the rest of the ninety and odd persons dissenting in the said vote , may bee excluded the house , and not trusted further in your councels . iii. that whereas in a continued series of your proceedings for many moneths together , we have seen the prevalence of the same treacherous corupt , and divided councels , through factions and private interests , and in their late votes declaring the kings past concessions to be a ground for the house to proceed upon for the settlement of the peace of the kingdom , notwithstanding the visib●e insufficiency and defects of them in things essentially concerning the publike interest & liberties of the kingdome ▪ iv. that such as by faithfulnesse have retained their trust , being set in a condition to pursue and perform the same , with out such interruptions , diversions and depravations of councels , as formerly . we shall desire and hope you will speedily and vigorously proceed , to take order for the execution of justice , to set a short period to your own power , to provide for a speedy succession of equall representatives , according to our late remonstrance , wherein differences in the kingdom may be ended , and we and others may comfortably acquiese ; as ( for our parts ) we hereby ingage , and assure you we shall . by the appointment of his excellenoy the lord falrfax , lord general , and his generall councel of officers . signed , john rushworth , secr. the articles and proposals . by what evidences and proofes , or upon what reasons and grounds the king stands acquitted of the charge of the houses against him , in their late declaration to the kingdom . what persons especially what members of either houses have plaid the traytors , by inviting the scots to invade this kingdome , or gave them countenance , or incouragement in that perfidious attempt . that the promoters of the first and second war bee brought to justice . that the arrears and debts of the kingdom be secured and satisfied , and that the publike faith be not made a publike fraud to the kingdom , that the court of wards be abolished without exacting satisfaction for the same . that the consciences of men be not cruelly and vnconscionably shipwracked . that the cunning device upon the army for hatefull free quarter , and the contrivers thereof be discovered , and the mariners and army vindicated from the slander thence raised upon it . that the orders for reducing any of the souldiers or sea men either by sea or land may be suspended , untill the commonwelth be setled , and the enemies thereof brought to justice . that these and the like things being satisfied and secured to the kingdome , your excellency and your army may return from this present imployment in honour and good conscience , as faithfully discharging the armies ingagement to the kingdom , and not beare the shame and reproach of men that only acted for hire , and so that base scandall , so much in the mouths of your and our treacherous enemies , will not be justified in the hearts of our friends : for the effectuall obtaining of these good things , wee shall really adhere to your excellency to our utmost ability . by his excellency the lord generall fairfax . these are to require all officers and souldiers of horse and foot who shall quarter in and about the city of london and suburbs thereof , that they behave and demean themselves and peaceably towards all sorts of people , not giving any just cause of offence , or provocation by language , or otherwise , upon pain of such severe punishment as to a court martiall shall be thought meet , and not do any unlawfull violence to the person or goods of any , either in their quarters or elsewhere , upon pain of death : and for the more due execution hereof , all commanders and officers are hereby required not to be absent from their severall and distinct charges , without leave first had from their superiours ▪ upon pain of such punishment as the party injured shall sustain , and such further censure as to justice shall be thought fit . given under my hand and seal , decemb. the first , . t. fairfax . forasmuch as divers ill-affected persons have of late made their resort to the city of london , the subburbs , and places adjoyning , with designe ( as there is cause to believe upon grounds more then probable ) to imbroile this kingdome in further troubles : and whereas by ordinance , or order of parliament , such resort hath been prohibited , and the departure of such persons enjoyned ; these are therefore to require all persons that have engaged for the king in the first or latter war , or have adhered unto , or assisted him or his party therein , and are now residing in london , or within ten miles distant there from , that within twenty foure hours , after publication hereof , they depart from the said city and subburbs , and all places within ten miles distance thereof , and not to return for the space of one month , next ensuing the publication hereof , if the head-quarters shall continue here so long : and who ever shall be found and taken , contrary hereunto , they shall be dealt withall as prisoners of war , except such of them as have perfected their compositions , and not engaged again in the latter war . given under our hand and seal the fourth of decemb. , t. fairfax . by his excellency the lord generall fairfax . whereas it is informed , that many souldiers and others of the army going without leave of their officers from the places where they are quartered , do straggle about the city of london and subburbs , contrary to orders in that behalf given ; i do hereby require and command all such souldiers and others of the army , forthwith upon publication hereof , to repair to their several quarters upon pain of being strictly proceeded against according to the said orders and the generall articles of war . and whereas it is informed , that divers loose persons going about the city under the name and in the garb of souldiers , have been very abusive in language , and otherwise , to the injury of some inhabitants , and just offence of others ; i do hereby desire , that if any such be hereafter found going about without order , or off●cers to govern them , whether they be indeed souldiers or no , and committing any such abuses , they may be apprehended by the next constables and sent to white hall , there to be delivered as prisoners to the marshall generall , together with what information and evidence there is against them by a councel of war , to the due punnishment of those that shall be offended , and to the just satisfaction of the per●ons injured , and if any of the souldiers going about with their off●cers , shall be so abusive , in case their officers shall not restrain them , such officer being complained of , shall himself be punished , and give satisfaction to the parry injured . given under my hand & seal , decemb. . . t. fairfax . col. pride having received orders from the generall , to secure a certain number of the parliament , on wednesday last marched with his regiment to westminster , and took divers of them into custody , viz. sir william vvaller , major gen. massey , sir benjamin rudyard , col. hollis , col· fines , and about more , who are committed to safe custody , and whether they shall have their inlargment upon paroll , or be continued prisoners is uncertain . finis . an ordinance of the lords and commons assembled in parliament, for prevention of the adiournment of the courts of iustice, without consent of both houses of parliament england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance of the lords and commons assembled in parliament, for prevention of the adiournment of the courts of iustice, without consent of both houses of parliament england and wales. parliament. sheet ([ ] p.) for iohn wright, and are to be sold at his shop in the old baylie, imprinted at london : . dated and signed at end: die martis . april. . io. browne cler. parliament. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an ordinance of the lords and commons assembled in parliament, for prevention of the adiournment of the courts of iustice, without consent o england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion official insignia an ordinance of the lords and commons assembled in parliament , for prevention of the adiournment of the courts of iustice , without consent of both houses of parliament . the lords and commons taking into their serious consideration the great inconvenience that hath come to his majesties subjects by the late frequent adjournment of the courts of iustice , and by spies resorting to the cities of london and westminster under pretence thereof ; for the prevention of the same for the future , doe hereby order and ordaine , that in case any person or persons shall at any time hereafter deliver , or cause to be delivered to any of the iudges of any of his majesties courts to be held in westminster , or to any of their clerkes or servants , or to any officers of any the said respective courts , or any others , to be delivered to any the said iudges , any writ , proclamation , or other thing whatsoever , sealed with any great seale , other then the great seale of england now attending the parliament by ordinance of both houses , all and every such person and persons shall be proceeded against by law-martiall as spies ; and the lord generall is hereby desired forthwith to proceed against every such person accordingly . and it is further ordered and ordained , that none of the said iudges , nor their clerkes , servants , or any officer or officers of the respective courts aforesaid , shall presume to receive , view , or any wayes meddle with any writ or proclamation sealed with any great seale , without first acquainting the speakers of the two houses therewith , and receiving and pursuing the directions to be given thereupon from both houses of parliament , upon pain of imprisonment of their persons , sequestration of their estates , and such further punishment as shall be thought meet by both houses of parliament , and that no iudge , officer , or other person whatsoever , presume to carry , or cause to be carried , any records , writings , or other memorialls from any the courts at westminster , or other places in or about the cities of london or westminster unto the city of oxford , or other place where the kings forces are , under paine of incurring such , or the like penalties as aforesaid . die martis . april ▪ . it is this day ordered by the lords in parliament assembled , that this ordinance shall be reprinted and set up upon posts in westminster-hall and other publique places in and about the cities of london and westminster . io. browne cler. parliament . imprinted at london for iohn wright , and are to be sold at his shop in the old baylie , . by the king and queen a proclamation for proroguing parliament. england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen a proclamation for proroguing parliament. england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill and the executrix of thomas newcomb, london : / . reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qui mal y pense royal blazon or coat of arms by the king and queen , a proclamation for proroguing the parliament . marie r. whereas our houses of parliament ( pursuant to our pleasure in that behalf signified ) are adjourned to the twelfth day of april next : we iudging it not requisite that they should sit at that time , have ( with the advice of our privy council ) thought sit to issue this our royal proclamation , hereby declaring and publishing our will and pleasure ; that our parliament shall on the said twelfth day of april be prorogued unto the four and twentieth day of may next ; at which prorogation we shall expect the attendance only of such members as shall be resident in or near our cities of london and westminster . and we do hereby further declare , that convenient notice shall be given by proclamation of the time when our parliament shall meet , and sit for the dispatch of business , to the end that the members of both houses may order their affairs accordingly . given at our court at whitehall the seventeenth day of march , / . in the fourth year of our reign . god save the king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the king and queens most excellent majesties . / . the manner how statutes are enacted in parliament by passing of bills collected many yeares past out of the iournalls of the house of commons by w. hakewil ... ; together with a catalogue of the speakers names. hakewill, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the manner how statutes are enacted in parliament by passing of bills collected many yeares past out of the iournalls of the house of commons by w. hakewil ... ; together with a catalogue of the speakers names. hakewill, william, - . [ ], p. printed by t.h. for iohn benson ..., london : . "a catalogue of the names of the speakers of the commons house of parliament": p. - . reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -- parliament -- rules and practice. england and wales. -- parliament. -- house of commons -- speaker. england and wales. -- parliament. -- house of commons. a r (wing h ). civilwar no the manner how statutes are enacted in parliament by passing of bills. collected many yeares past out of the iournalls of the house of commo hakewill, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the manner how statvtes are enacted in parliament by passing of bills . collected many yeares past out of the iournalls of the house of commons . by w. hakewil of lincolnes inne , esquire . together with a catalogue of the speakers names . london , printed by t. h. for iohn benson , at st. dunstans church yard . . cum privilegio . the preface . having about thirty yeeres past , the free use and perusall of all the iournalls of the commons house of parliament , from the first yeare of k. edward the sixth , being the most ancient that they have ) untill that time . and being unwilling to lose the advantage of that opportunity , i read them all through , and whatsoever i conceived to tend to the rule of the house , ( wherein i was the better inabled to udge , in respect i had served in divers parliaments , or sessions of parliament before that time ) i reduced under apt parliamentary titles : amongst the rest in this chapter of passing of bills , i was the more sedulous , because it is indeed the daily and most proper worke of that house , wherein i have beene carefull , not to propose any thing for a rule , for which i have not vouched the authority of the iournall . those my collections , i imparted many yeeres since to some of my friends ( which being by the length of time multiplied into very many copies ) one of them ( and i thinke the falsest written of all the rest ) was without my knowledge lately printed , and by the negligence of the printer , the errors of the copie were much increased , insomuch that it pleased the honourable house of commons , ( because it concerned their orders ) to take notice thereof , and take some order therein ; by which i was induced to make this publication , being otherwise very unwilling to have appeared in print , and to have subjected my selfe to publique censure . it were ( in my poore opinion ) to be wisht , that the same course were taken by the house of commons , as was by the lords in . iacobi regis , who appointed a committee for the collecting of the rules and orders of that house ; which being collected , they caused to be fairly ingrossed in a roll of parchment , which by order is alwaies read in the beginning of every parliament , and resteth in the custody of the clarke of that house , to be presently resorted unto upon all occasions , where by much of their pretious time is saved , which other wise perhaps would have beene spent in the debating of the rules and orders of their house . another excellent order was made by their lordships , that once every weeke , a committee appointed for that purpose , that should peruse and perfect the clarkes notes , and that at the end of every session , all the orders of that session should bee ingrossed in vellam , and fairely bound up , which course first began in the time , when my worthy friend master henry elsynge that most industrious and able gentleman , was clarke of that house , and hath continued ever since ; whereas before that time all their iournalls ( of which the most ancient are from the begining of king henry the eight ) are in paper , as are those of the commons house , but more fairely written . if to this care of perfecting of the iournalls of the house of commons , there were some provision made by that house , for the safe preserving of them , answerable to that which the lords have , whose clarke hath a house belonging to him , and his successors , where all their records are kept to posterity , the iournalls and records of the commons house , would not ( as now they may ) come to the hands of executors or administrators , and bee removed to and fro in hazard of being lost , or corrupted and defaced , as is well knowne that some of them have beene , and that in passages of the greatest moment , whereby the common wealth may receive great prejudice if it be not prevented , which my humble propositions , i do ( together with this treatise ) in all humility submit to the great wisdome of that honourable assembly , by whose favor this is published : wil . hakewil . the contents by whom bills are drawne and presented to the parliament , fol. orders to be observed in preferring of bills to be read , touching the first reading of bills , touching the second reading and committing of bills , touching the third reading of bils , touching provisoes , schedules , amendments , and amendments of amendments , touching the sending of bills from one house to the other , touching the royall assent , a report of divers memorable passages between both houses in the parliament , . eliz concerning the adding of a proviso by the commons , unto a bill sent to the lords , ingrossed and signed by the queene , and passed by the lords for the restitution in blood of a certaine lord , and sent downe by the lords to the house of commons . a catalogue of the names of the speakers of the commons house of parliament . pag. petrus de mountford . pag. scroope . sir peter de la mare . sir thomas hungerford . sir peirce de la mare ibid. sir james pickering . ibid. sir john goldesborough . ibid. sir richard walgrave . sir james pickering . ibid. sir john bushey . ibid. sir john bushey . sir john cheney . john dorewood . sir arnold savage . ibid. sir henry de redeford . sir arnold savage . ibid. sir william sturney . sir john cheyney . ibid. sir john tibtoft . ibid. thomas chanser . william stonrton . ibid. john doreward . thomas chanser . ibid. walter huugerford . ibid. richard redman . ibid. sir walter beauchamp . ibid. roger flower . richard bayuard . ibid. john russell . sir thomasa wuton . ibid. richard vernon . ibid. john tirell . ibid. mr. william allington . ibid. iohn tirell . iohn russell . ibid. roger hurst . ibid. iohn bowes . ibid. sir iohn tirell . ibid. sir iohn tirell . william boerly . ibid. william tressam . william burley . ibid. william tressam . ibid. iohn day . ibid. sir iohn popham . ibid. william tresham . sir william oldham . ibid. thomas thorpe . sir thomas charlton . sir iohn wenlock . ibid. thomas tresham . ibid. iohn greene . ibid. sir iames strangwayes . iohn say . ibid. william allington . ibid. iohn wood . ibid. william catesbey . ibid. thomas lovell . iohn mordant . sir thomas fitzwilliams . ibid. richard empson . ibid. sir reginald bray . robert drury . ibid. thomas inglefield . ibid. edmond dudley . ibid. sir thomas inglefield . sir robert sheffeild . ibid. sir thomas nevill . ibid. sir thomas more . thomas audeley . richard rich. sir nich. hare . ibid. thomas moyle . sir iohn baker . sir iames dyer . ibid. iohn pollard . clement higham . ibid. iohn pollard . william cordall . ibid. sir thomas gargrave . thomas williams . ibid. richard ousloe . christopher wray . ibid. robert bell. iohn popham . ibid. mr. serjeant puckering . mr. serjeant snagg . ibid. edward cooke . mr. serjeant yelverton . ibid. mr. serjeant crooke . mr. serjeant phelips . ibid. sir randall crew . ibid. sir thomas richardson . sir thomas crew . ibid. sir thomas crew . sir heneage finch . ibid. sir iohn finch . ibid. iohn glanvile . william lenthall . ibid. finis . the passing of bills . chap. i. sect. i. by whom bills are drawne , and presented to the parliament . publique bills are usually drawne by such of the house ( with the advice of lawyers ) as of themselves are earnestly inclined to the effecting of some publique good , which requireth the assistance of some new law , which being faire written in paper , with wide lines , they are either by some member of the house publiquely presented to the speaker in the house , with some short speech setting forth the needfulnesse of a law in that behalfe , or are delivered in private to the speaker or the clarke of the parliament , to bee presented to the house at some time convenient . and it is in the choice of the party to preferre his bill . first , into the lords house , or the house of commons which he list , and as he shall thinke it may most advantage his cause . many times upon the motion of some one of the house ( wishing a law were made for provision to bee had in such a case , ) a committee is purposely appointed by the house to draw a bill to that effect ; which being done , one of them presenteth it to the speaker . this is usuall in cases of great moment and difficulty . the bill for subsidies is usually drawn by some of the kings councell , after the substance thereof , for the number of subsidies & fifteenes to be granted , and the times of payment , is first agreed in the house . the preamble thereof containeth the causes of the grant , which is usually drawne by some principall member of the house , being a selected committees for that purpose . bills for the revivall , repeal or continuance of statutes , are usually drawn by lawyers being members of the house , appointed thereunto by the house upon some motion to that purpose made , which is usuall at the beginning of every parliament . private bills are usually drawn by councellors at law not being of the house , and sometimes by those of the house ( and that for their fees ) which howsoever it hath beene held by some to be lawfull , yet it cannot be but very inconvenient , seeing they are afterwards to bee judges in the same cause . a bill hath beene sent to the speaker signed by the hand of queene elizabeth with speciall commandment to be expedited , but that is a rare case and very extraordinary , yet such was her majesties favour to sir thomas perrot in a bill for his restitution in bloud as it appeareth by the clerkes iournall . elizabeth . martii . such bills as being first passed in one house are sent unto the other , are alwaies sent in parchment fairely ingrossed . thus much touching the first drawing and presenting of bills to the parliament . sect. . orders to be observed in preferring of bills to be read . publique bills are in due course to be preferred in reading and passing before private : and of publique , such as concerne the service of god and good of the church . secondly , such as concerne the common-wealth , in which are included such as touch the person , revenue , or houshold of the king , queene or prince , and they ought specially to be preferred in passing . lastly , private bills should bee offered to be read and passed in such order as they were preferred . there have beene oftentimes orders in the house , that after nine of the clocke , when usually the house groweth to bee full , they should not bee troubled with the reading of any private bill : and towards the end of the parliament , when there remaineth many bills in the house undispatched , there hath beene a speciall committee appointed to take a survey of them , and to marshall them by their titles in such order as they should thinke fit ; they should bee preferred to their passage , having respect to the importance of the matter which they concerne . it hath at sometimes beene ordered , that every one that preferreth a private bill should pay five pound to the poore , which was done . eliz. towards the end of the parliament when they were troubled with much businesse , but it holdeth not in other parliaments . in the treatise de modo tenend. . parliamet . which i have seene exemplified under the great seal of ireland in the sixt of henry the fourth , testifying the same to have beene sent into ireland by henry the second , for a forme of holding parliaments in that kingdome , of which i have a copy there is ( touching the order of preferring of bills ) this clause found . petitiones suntaffilate sicut deliberantur , & sic per or dinem leguntur & respondiantur , sed prime determinentur quae ad guerram perti nent , postea de persona regis & regine & puris suis , ac gubernationem corum & postea de communibus negotiis terrae ; sicut est de legibus faciend . & emendend . ( viz. ) originalibus judicialibus & executoriis post judicium reddit , & post singulares petitiones secundum quod sunt super filariis . but the speaker is not precisely bound to any of these rules for the prefering of bills to bee read or passed , but is left to his owne good discretion ( except he shall bee especially directed by the house to the contrary ) and howsoever hee bee earnestly pressed by the house for the reading of some one bill ; yet if he have not had convenient time to read the same over , and to make a breviat thereof for his memory ; the speaker doth claime a priviledge to deferre the reading thereof to some other time . and thus much touching the order of preferring of bills , to be read or passed . now followeth touching the reading or passing of them . sect. . touching the first reading of bills . the clarke being usually directed by the speaker ( but sometimes by the house ) what bill to read , with aloud and distinct voice , first res●…eth the title of the bill , and then ( after a little pause ) the bill it selfe ; which done ( kissing his hand ) hee delivereth the same to the speaker , who standeth up uncovered ( whereas otherwise hee sitteth with his hat on ) and ( holding the bill in his hand ) saith , this bill is thus intitn'ed ; and then readeth the title ; which done , he openeth to the house the substance of the bill , which hee doth either , trusting to his memory , or using the helpe or altogether the reading of his breviat , which is filed to the bill , sometimes reading the bill it selfe , especially upon the passage of a bill , when it hath beene much altered by the committees , so that thereby it differeth very much from the breviat . tertia sessione . parliament . iac reg. it was ordered that the committees which amended the bill , should likewise amend the breviat in the principall matters for the case and direction of the speaker . when hee hath thus opened the effect of the bill he declareth to the house that it is the first reading of the bill , and delivereth the same againe to the clarke . the bill containing the kings generall pardon hath but one reading in the lords house , and one below : the reason is , because the subject must take it as the king will give it , without any alteration : and yet many times exceptions are taken at the reading thereof , for that it is not so favourable as in former times . the like of the bill of subsidies granted by the clergie . that day that the speaker being approved by the king , commeth downe into the commons house to take his place , the custome is to read for that time only one bills , left unpast the last sessions , & no more , to give him seisin as it were of his place , . eliz. . octo. the usuall course is to spend the morning before the house grow full in the first readings , and to defer the second or third reading till the house grow full . at the first reading of the bill it is not the course for any man to speak to it , but rather to consider of it , & to take time til the second reading ; yet it is not altogether without president that a bill hath beene spoken for , and against upon the first reading , which is very seldome , and onely in cases where the matter of the bill is apparently inconvenient and hurtfull to the common-weale , and so not fitting to trouble the house any longer ; but at the first reading no man in ordinary course should speake to any one part of the bill , or for any addition , for thereby it is implied that the body of the bill is good , which till the second reading doth not regularly come to the triall . if any bill originally begunne in the commons house upon the first reading happen to bee debated to and fro , and that upon the debate the house do call for the question , it ought to be not whether the bill shall be secondly read , for so it ought to bee of ordinary course , but whether it shall be rejected in this sort as many as are of opinion that this bill shall be rejected ( say yea ) as many as are of the contrary mind ( say no ) and the greatest number of voices shall carry it , eliz. . november . the bill against unlawfull hunting . . sess. iac. reg. . october . if a bill comming from the lords bee spoken against , and pressed to be put to the question upon the first reading , the speaker in favour and respect thereto , should not make the question for the rejection , as in bills originally begunne in the commons house upon the first reading , but should first make the question for the second reading : and if that bee denied , then for rejection . this course was usually held by sergeant phillips when he was speaker . but usually when any such debate is upon the first reading of a bill , the speaker doth forbeare to make any question at all thereupon , except he be much pressed thereto , for that it were fit better to consider of it before it be put to such a hazard . if the question for the rejection bee made , and the greater voice be to have it rejected , the clarke ought to note it rejected in his journall , and so to indorse it upon the backe of the bill , and it shall bee no more read ; if the voice be to have the bill retained it shall have his second reading in course . it is against the ordinary course that the same bill should be read more then once in one day , yet for speciall reasons it hath beene suffered , that private bill have beene in one day read twice ; as in the aforesaid case of sir thomas perrot though it were a private bill ; so was it likewise done in the bill for the assurance of lands given by master sutton for charitable uses , because he was taken then extreame sick , and that it was doubtfull whether hee might live while the bill might have his passage in ordinary course . and it is likewise done sometimes when the house lacketh other businesses wherein to imploy themselves , especially if the bill be of no great importance , howsoever it is never but upon motion and speciall order . when speciall committees appointed for the drawing of some one speciall bill , present the same ready drawne unto the house : it hath beene often seen that the same bill hath beene not onely twice read , but ordered also to bee ingrossed the same day as it was in the bill against counterfeit seales , . eliz. . feb. and in the bill against disobedience to the queene . martii of the same parliament . neither is it without president that a bill hath beene thrice read and passed in the same day ; as was the bill of recognition of his majesties title which came from the lords , . iac. reg. sess. . but this is a president that standeth alone , and in that case it was resolved that the bill might not be returned to the lords without a copy , first taken thereof by the clarke to bee reserved in the commons house . sect. . touching the second reading and committing of bills . a bill may bee preferred to be secondly read the next day after the first reading , but the usuall course is to forbeare for two or . daies , that men might have more time to consider upon it , except the nature of the businesse be such that it requireth haste . after the bill is secondly read , the clarke as before in humble manner delivereth the same to the speaker , who againe readeth the title and his breviat as hee did upon the first reading , which done , hee declareth that it was now the second reading of the bill , and then hee ought to pause a while , expecting whether any of the house will speake to it , for before the speaker hath so declared the state of the bill , no man should offer to speake to it ; and then and not before is the time when to speake . if after a pritty distance of time no man speake against the bill for matrer or forme , he may make the question for the engrosing thereof , if it be a bill originally exhibited into the commons house . so likewise if divers speak for the bill without taking exception to the forme thereof , hee may make the same question for the ingrosing . the like question for the ingrosing ought to bee made , if the greater voice bee that the bill shall not be committed , for it were to no end further to delay the proceeding of the bill if there bee no exception taken to the matter or forme thereof , but upon the second reading , and after the speaker hath dilivered the state thereof , the house doth usually call for the comitting of the bill , and then if any man will speake against it either for matter or forme , he ought to be heard . after the first man hath spoken , the speaker ought to rest a while expecting whether any other man will speake thereto , so ought he likewise to doe after every speech ended , when he perceiveth that the debate is at an end , hee ought then to make the question for the committing thereof in this sort . as many as are of opinion that this bill shall bee committed say ( yea . ) and after the affirmative voice given , as many as are of the contrary opinion say ( no . ) and hee ought by his eare to judge which of the voices is greatest , if that be doubtfull , the house ought to bee divided touching the manner , whereof there shall bee more said in another place . if upon division of the house it appeares that the numbers are equall , the speaker hath the casting voice upon all questions . if it appeare that the affirmative voice bee the greater , then ought hee to put the house in minde touching the naming of committees , which is done in this sort . every one of the house that list may call upon the name of any one of the house to be a committee , and the clarke ought in his journall to write under the title of the bill the name of every one so called upon , at leastwise of such whose names ( in that confusion ) he can distinctly heare , and this hee ought to doe without partiality either to those that name , or to the party named . but touching the naming of committees , and their duties , more shall bee said in another chapter . but hee that speaketh directly against the body of the bill , may not be named a committee , for he that would totally destroy will not amend . when a convenient number of committees are named , then ought the speaker to put the house in minde to name time and place , when and where the committees may meete , which the clarke ought likewise to enter into his journall booke , and when the house is in silence , he ought with a loud voice to read ( out of his booke ) the committees names , and the time and place of the commitment , that the committees may take notice thereof . after a bill which is sent from the lords hath beene twice read , the question ought to bee for the commitment , if it be denied to be committed , it ought then to be read the third time , and then the next question ought to be for the passage and not for the ingrosing , as it is where the bill originally beginneth in the lower house , for bills which come from the lords come alwaies ingrossed . this question for the passage should in ordinary course be then made when the bill is denied to be committed , but not till the bill have beene read the third time . if that question for passage be deferred till another day , it hath beene much doubted whether it may then bee then offered to the passage ; but upon debate of this point after many arguments to and fro , anno . eliz. . february by the opinion of sir francie walsingham , then one of the house , and by order of the whole house it was agreed it might be done . the bill then in question was the bill against fraudulent conveiances . fol. . & . in the clarkes booke for that yeare , so it was done . sess. . parliament . iac. regis for the bill of hunting . but this president is not so safe , for the house considering that oftentimes the bill is denied to bee committed upon utter dislike thereof , after it hath beene long debated ; and yet if that rule should hold , there may be a time picked out of great disadvantage to the house to put it to question for the passage . in the debating of bills in the house no man may speake twice in one day , except the bill bee oftner read then once , and then a man may speake as often as the bill is read , otherwise it is at committees , or when in the house the debate ariseth upon some motion concerning the order of the house ; but touching the manner of speaking , and what orders shall be observed therein , more shall be said elsewhere . when the committes have fully resolved touching the bill , and the amendments thereof ; one of them by the consent of al the rest ought to make report thereof to the house , opening the substance of the things amended , and the reasons thereof ; which done , hee ought to bring the bill so amended to the clarke , and to stand by the clarke all the while that the clarke is reading of theamendments , and ought to helpe the clarke in reading of the same in case it be difficult to bee read , which falleth out very often by reason of interlineing or ill writing . the clarke ought to read every amendment and interlineing twice , that so it may have as many readings as the rest of the bill hath had , and very many times it will fall out that the inlineing and amendments so read by the clarke , will of it selfe ( without reading of the clause going before or following ) bee no sense , yet notwithstanding the clark ought only to read the new amendments without medling with any of the rest of the bill , for it is intended that the reporter hath declared to the house the reason of the amendment , and the connexion thereof to the rest of the bill to make it sense . and it hath sometimes beene permitted ( when the amendments have beene many , and ill written ) that the whole bill hath beene first read , and then the alterations by themselves . the bill of hostile lawes . . sess. . parliamen . iac. reg. . iunii . after the amendments thus read , the clarke ought to deliver the bill unto the speaker , who ( holding the same in his hand ) ought againe to read the title thereof , and to put the question whether or no it bee the pleasure of the house that the bill thus amended shall be put to the question for ingrossing , and then ought to pause a while , expecting whether any man will speake to it or no ; for it is as free for any man to speake against the bill at this time , though it hath passed the approbation of the committees , as it was at the second reading before the same was committed . and after the debate is ended , the speaker ought to put the question for ingrossing . if the greater number of voices be that the bill ought not to be ingrossed , the clarke ought to make an entry in his journall , that the same was dashed , and so ought hee likewise to note upon the backe of the bill , and the day when . if the voice be to have it ingrosed , it is the office of the clarke to do it . it is alwaies to bee observed that when the bill is ingrosed , the clarke ought to indorse the title thereof upon the backe of the bill and not within the bill in any case . so ought likewise such bills as come from the lords to have titles ingrossed upon the backe of the bill , and not within : in defect whereof , divers bills comming from them , have beene returned to bee amended , as may appear by the journalls . eliz. . decem. . e. . may , . e. . octob. . sess. . parliament . lac . reg. . maii. the bill as it is amended by the committees ought to remaine with the clarke for his warrant , and it is not an ordinary course to cause the bill so amended to bee fairely written for the better ingrosing thereof ; yet hath it been seene that a bill ill written in the amendments hath beene returned to the committees to bee fairely written , and by them presented to the house ; and upon the reading thereof ingrosed , . eliz. fo. . in the journall . at sometimes it hath beene ordered that a bill so written should bee proceeded in as a new bill , . eliz . feb. . eliz. fo. . in the clarkes booke or journal . after a bill hath beene committed and is reported , it ought not in an ordinary course to bee committed , but either to bee dashed or ingrosed ; and yet when the matter is of importance , it is sometimes for speciall reasons suffered : but then usually the recommitment is to the same committees . the bill against the marshall sea , . sess. . parliament . iac. reg. . aprill . was committed and reported and councell heard at the bar . whereupon it was recommitted and other committees added who altered the former proceedings , and it was agreed that the former proceedings were waved , and the latter good . sect. . touching the third reading of bills . some two or three daies after the bill is thus ordered to bee thus ingrosed , and is accordingly ingrosed ; it is offered by the speaker to bee read the third time for the passage thereof . for the most part , the speaker putteth not any one bill to the passage by it selfe alone , but staieth till there bee divers bills ready ingrosed for the third reading ; and when he hath a convenient number ( which may bee five or six , rather lesse then more ) then hee giveth notice to the house that he purposeth the next day to offer some bills to the passage , and desireth the house to give speciall attendance for that purpose , and then the day following he doth accordingly put them to the third reading . first , private bills untill the house bee growne to some fulnesse , and then offereth to bee read the publique bill which are ingrosed . it hath at sometimes beene ordered for the preventing of carrying of bills , with few voices , that no bills shall bee put to the passage untill nine of the clock , at which time the house is commonly full , or shortly after . when the bill is read the third time , the clarke delivereth it to the speaker , who readeth the title thereof , and openeth the effect of the bill , and telleth them that the bill hath now beene thrice read , and that ( with their favours ) hee will put it to the question for the passing , but pauseth a while , that men have liberty to speake thereto , for upon the third reading the matter is debated afresh , and for the most part it is more spoken unto this time then upon any of the former readings . when the argument is ended the speaker ( still holding the bill in his hand ) maketh a question for the passage in this sort ; as many as are of opinion that this bill should passe say yea &c. if the voice be for the passage of the bills , the clarke ought to make a remembrance thereof in his journall . if otherwise , then his remembrance must be made accordingly . upon the bill thus passed ( if it be the bill originally exhibited in the house of commons ) the clarke ought to write within the bill on the top towards the right hand these words soit baille aux selgneurs . if the bill passed be a bill originally begunne in the lords house , then ought the clarke to write underneath the subscription of the lords , which alwayes is at the foot of the bill , these words , a cest bille les comuns sont assentus . there are divers other formes of signing of bills , sometimes when new additions are made , sometimes when provisoes are added , of which more ample mention shal be made in the chapter which treateth of the dutie of the clarke . if the house see cause to amend any thing in a bill originally begunne in the commons house upon the third reading thereof , and that the amendment thereof will not much deface the bill , nor spend much time , the use is to cause the serjeant to call in the clarke that did ingrose it ( being usually a servant to the clarke of the house and to cause him standing at the table , by his master , in the presence of the whole house , to amend the same according to their direction . sometimes if the amendments bee but of a few words , it is done by the clarke himselfe , writing of a faire hand . it hath sometimes beene seene ( which is rarely yeeleded unto , and onely in cases where the bill to bee passed is of good importance ) that if a question grow for the amendment of some clause , or for the making of some addition thereunto , that it hath beene recommitted for the amendment thereof : but then usually the committees are appointed forthwith to withdraw themselves into the commitee chamber , and presently to dispatch the same . the bill concerning rites and ceremonies , at the third reading was referred to bee farther considered red of , . elizab. maii , and in . elizab. . decembr . the bill to avoid double payment of dibts , . sess. . parliament . iac. reg. master bathwests bill being ready for the question to passe , was deferred for eight dayes , that the other part might have notice , and then passed without further opening . quod nota . no bill upon the third reading for the matter or body therof , may be recommitted , as hath been said , but for some particular clause or proviso it hath bin some times suffered ; and that difference was taken for a rule in the bill for seasands , . sess. . maii . in the third sessions of the first parliament of king james , . die maii , the bill of cloathing being ingrossed , and read the third time , exception was taken to the last proviso thereof , whereupon after much debate it was recommitted ; which is to bee observed as a thing unusuall after the third reading . the next day if was returned againe by the committees , with their opinions that they held it fit that a proviso therein should be strucke out ; whereupon the question grew whether the proviso being put to the question alone , and rejected , the whole bill should not be dashed , thereby at last resolved no ; whereupon the proviso being put to the question and rejected , it was ordered it should bee razed out of the bill , which was presently done at the board , by the clarke , and the bill was put to the question , and so passed . the like in the bill concerning wherrymen the same session , . maii . it hath beene much doubted , whether when a bill is in debate for the passage , it ought not to receive the resolution of the house the same day wherein it is first offered to the passage , but there have of late been some presidents , where the case being of some importance , and the debate growing long , the argument hath beene put over till the day following , in which case hee that hath already spoken to the bill the fist day , may not againe speake the second , no more then he may speake twice in one day where the argument is not deferred to another day . if a bill be rejected , the same bill may not bee offered to the house again the same session ; but if it bee altered in any point materiall both in the body and in the title , it may bee received the second time . in the time of the reading of a bill , the house should not bee interrupted with any other busines , and yet in . eliz. . maii , the house adjourned it selfe till the next day , after the bill for sealing cloathes was halfe read , onely to bee present at the conference about religion in westminster abbey . sometimes the house conceiving much offence against some bills , doth not onely order it to be rejected , but to be torne in the house ; as it was done in the bill to avoid aliens not being here for religion ; . eliz. . iannar . it hath beene seene that two bills being apt to bee joyned together , have by order of the house , after they have beene twice read , ordered to be ingrossed as one bill , and so passed , which is somewhat strange , for that both being made into one bill , it is thereby become a new bill ; neverthelesse it was so done in two bills concerning treason , . eliz. . apr. when a bill is thrice read and passed in the house , there ought to be no further alteration thereof in any point . neverthelesse if it doe appeare that there be some apparent mistakings therein , either by false writing , or otherwise , the house upon notice therof hath caused the same to bee amended the day following , and reading the amendments three times , have againe passed the bill upon the question , which is a rare president ; yet was it so done . eliz. . ianuarii , popham being speaker , which is a memorable case . anno . eliz. . martii , the lords sentdown a bill touching the maintenance of the borders of scotland , the house proceedeth with another bill to the same effect , the lords complains that it is against order so to doe , without praying a conference with them which was spoken by the lords at a conference and answered by the committees of the commons house , they might lawfully so doe . sect. . touching provisoes , schedules , amendements , and amendments of amendements . touching the offering and passing of provisoes , the course is thus ; if any man will offer a provisoe to a bill originally begun in the commons house , it ought to be offered in paper as long as the bill it selfe is not ingrosed ; but when the bill is once ingrosed it ought to be offered in parchment , and not in paper . if a provisoe or schedule of addition , bee offered to any bill comming from the lords at first or secōd reading , it must be offered in paper & not in parchment , though the bill bee a bill ingrosed , for that it may receive much amendment at the committee , and when it is together with the bill returned to the committees , there ought to bee a speciall question made by the speaker whether the provisoe shall be ingrosed , if it be denied , he may put the bill to the passage at the third reading without the provisoe , if otherwise , then he ought to deliver the provisoe to bee ingrosed , and some other day when the provisoe is ingrosed must put the question upon the passage . if it be offered at the first reading to a bill begun in the commons house , which is seldome , it ought to be but once read at that time , and so filed to the bill ; if at the second reading it ought to be read twice as the bill it self hath beene , and ought to bee committed together with the bill ; if it bee offered at the third reading , the bill being ingrosed , it ought to bee read three times before the question bee put for the passage of the bill ; but after every severall reading thereof , the clarke ought to pause a while to give men time to speake thereto : many times upon the second reading it is spoken unto , and sometimes committed or amended at the board , sometimes rejected without more reading : upon the third reading thereof the question ought to bee made whether or no the house doth thinke fit to annex that proviso to the bill read , which question ought to be made singly upon the proviso , and afterwards the question ought to bee made for passage of the bill , together with the proviso annexed . if the bill with the proviso annexed doe passe upon the third reading , the clark ought to signe the same in this sort upon the bill towards the right hand . soit baille anx seigneurs ave● . que un provission annex . and ought to signe the proviso it selfe . soit baille anx seigneurs . the like rules here given for provisors are to bee observed , when any addition ( which alwayes containeth in it another clause ) or branch of the bill , is desired to be enacted , and offered by any of the house , with this difference , that wheras the clark in case of a proviso maketh mention of the proviso annexed , he ought in this case to write avec● un schedule annex , for that which containeth an addition , is called a schedule . after a question propounded in the affirmative , upon the passage of a bil , & before the question for the negative part , a proviso was offered , and judged to be received , . iacobi . iun. . such bills as come from the lords , have their passage in the commons house by three readings , as well as those that originally begunne , there when they are committed , and the committee see cause to make some amendment in them , they ought not to interline , or raze , or make any other alteration in the bill it selfe , as they doe in their owne bills , but in a paper thereto annexed they ought to expresse in what line , and betweene what words they desire the amendments to bee made , which they ought to returne up to the house . if upon the report thereof , the house shall approve the doings of the committees , then ought the bill with the paper affixed , to bee sent to the lords house , to bee accordingly amended by the lords , if they shall so thinke good . so likewise ought the lords to doe where they desire alterations in any bill passed from the commons house unto them . and in this case after the amendments read three times , the question ought first to bee put whether the amendments shall accordingly be assented unto . secondly , for the passage of the bill , which the amendments ( if it passe ) the clark ought to signe it in these words underneath , the signing of the lords at the foote of the bill . acest bille avecque les amendments les comuns one assentus . when the lords send downe amendments they ought to bee read two times , and then if excepted unto , put to the question for the committing . if they be approved by the committees , and so reported then ought the question to bee put for the amendment of the bill accordingly . anno . eliz. . decem. the bill touching labourers , passing first from the commons house , was sent from the lords with amendments in parchments , & the parchments formally indorsed , solt baille aux comuns ; to which , exception being taken , there was much contention about it betwen the houses , and presidents sought up , and at last resolved it ought to be in paper without any indorsement at all ; otherwise it is where there is a schedule of additions , or a proviso annexed , for they ought alwaies to be sent in parchment ; the journall booke in this place handleth this point at large . if there bee cause to make alteration in some proviso or schedule sent from the lords , the amendment ought to be tendred in paper , and so passed to the lords , . sess. iac. reg. . iunii . if besides the amendments a proviso be added thereunto or a schedule of additions , there ought to bee mention thereof made by the clarke in the signing of the bill . if the commons house passe a bill sent from the lords with some additions by way of schedule ( which ever containeth some new clause or entire branch added to the bill ) or with some proviso to be added thereto , the same ought to be signed as a new bill . soit baille aux segneurs . for the omission of which the lords conceiving that they have not had warrant to proceed , thereupon , have returned the same to the commons house to be amended , and the same hath been reformed accordingly , in the bill against scandalous rumors , . eliz. . maii. if the lords doe absolutely disallow of any thing required by the commons house to be put out , or of any addition or alteration to be made by way of amendment , the bill can then have no further proceeding ; for if the commons say put out , and the lords say let it stand as it was , the same being before determined by question in the commons house , cannot be brought to the question againe , . eliz . mar. the bill of scandalous rumours &c. but if the lords for explanation of such a sentence as is in question , do add words to the additions of the commons , without putting out of any part of that which is required to bee added or altered by the commons , the same being set downe in writing by the lords , and sent to the commons , together with the bill , if the commons do allow thereof , they are to add the words required by the lords paper , and to insert the same into their owne paper , and so returne the same to the lords ; who thereupon ought to enter it into their bill ingrosed , and so the bill hath his passage . the like in all points mutatis mutandis , in bills originally , begunne in the commons house , and sent to the lords ; but if to the bill comming from the lords , any proviso or entire new matter bee added by the commons ( because it is adjudged as a new bill ) and hath not beene at the question in both houses , the lords may by their paper require to have part thereof put out , or may offer additions thereunto , which being returned to the commons , and they giving allowance thereof , they are accordingly to amend the same in their owne house , without sending it backe to bee amended by the lords ; for amendments ought alwaies to bee in that house from whence the thing to bee amended originally proceedeth ; though the directions for the amendments came from the other house ; and so mutatis mutandis , in provisoes or other entire additions required by the lords to be added to any bill proceeding from the commons : and it is held for a generall rule , that neither house may of themselves put out any thing which they have before passed , otherwise then requested by the house which hath not passed the same : in the parliament . eliz. when mr. snagge was speaker , it was usuall when either house desired the cleare passage of any bill sent unto them from the other house , in which they though fit to make alterations to acquaint the house from whom it came , with the alterations which they intended to make , and to desire to know their willingnesse thereto , thereby to prevent the hazard of the bill ; if perhaps they should make alterations not approved of . in like sort they sometimes used conferences onely , to prevent the casting away of bills for some small difference about the amendments . see for this the clarkes booke of the parliament . martii , and elizab. . martii ; the bill against iesuits : the like . eliz. . martii , the bill against seditious rumours . anno . eliz. . martii , in the bill for the better government of westminster , the commons at the request of the lords doe alter their owne amendments . the like was done by the lords at the request of the commons upon a conference for that purpose . in the bill of hostile lawes , . sess. . parliament . iac. reg. . iunii . eliz . feb. the lords by a message without any paper sent unto them , have beene prayed by the commons house to amend the sense of some of their amendments , that so the house might further proceed there with all , which hath accordingly beene performed , and then their amendments have beene considered , allowed and returned , . eliz. . martii , in the bill touching scottish orders . in the bill against vagabonds . eliz. it was resolved that certaine words required by the lords to be put out , should not be put out of the bill , but staied still in the same , qualified with other words , with condition that if the lords should not agree to the said qualification , the house would not bee bound by the said resolution , which was done of purpose to avoid the hazard of the bill , in case the lords should not agree thereto . when amendments of any bill comming from the lords are returned by the committees or otherwise added by the house , they ought presently to bee read three times before they be put to the passage with the bill . in the parliament . eliz. at the third reading of a bill which came from the lords , an addition in paper was by question affiled to it , the addition having beene but once read , the bill was put to the question , and the house divided upon the passage , the error being espied , after long argument thereupon , the additions were ordered to bee read twice more , and the bill was againe put to the question and passed : this was the bill against taking up of previsions within . miles of oxford , which passed . may , in the parliament anno . & tertio p. & m. the bill for exactions at musters , had a proviso annexed by the commons house , and the lords returned the bill , desiring the proviso annexed might be taken off , and a new devised by themselves put in place thereof . anno . eliz. . feb. the lords having made additions to a bill passed from the commons house , the commons pray conference with them , and desire that they themselves may have leave to make a further addition to their owne bill , or that the lords would bee pleased to supply the same with an addition of theirs , which the lords refused to doe , because they found no such president , anno . eliz. fol. . in the iournall , the bill against fraudulent conveiances passed from the lords , was upon the second reading refused by the house to bee committed ; whereupon the lords craved a conference , and shewed it was a bill which her majesty called her bill , drawne by the councell , with the advice of her judges , and therefore wondred at the proceedings of the house , and concluded that they expected and desired that the house would take it into their further consideration ; afterwards the house by a special committee praying their lordshippes to joine in petition to the queene about matters of religion , causing the messengers to stay in the painted chamber , after a while sent out unto them the chiefe justice and others to tell them , that when they received an answer from the house touching the bill of fraudulent conveiances , the house should have an answer touching the petition . an. . eliz. . mar. fo. . in the iournall to the bill against jesuits , which passed from the the commons house , there were some amendments desired to bee made by the lords , the commons by message desire the lords to reforme their desired amendments in some points , which the committees for the lords thought could not bee done by order ; but the commons house resolved it might bee well helped by a proviso in the commons house , and chose rather to take the course , then further to urge their lordships therein . anno . eliz. . mar. the bill touching the sabbath , which upon divers conferences of the houses , received divers additions , alterations and amendments of amendements , and by that meanes was much defaced , was sent downe by the lords and praied by them that it might be new written , which was done , and so it passed again in both the houses . anno . eliz. . mar. the bill against popish recusants , first passing from the lords , was returned with amendments , which the lords aseented to , and sent downe the same againe amended by them accordingly ; and also a proviso annexed thereto to bee passed , if the house should thinke good , which was yeelded to ; and the proviso being thrice read , was with the bill passed accordingly , . apr. this is a very remarkeable president , that a proviso should be added by them who first passed the bill , and not to have any reference to any alteration or amendment inserted by direction from the other house . when amendments are desired by the lords to a bill past from the lower house , and thrice read , the question ought to bee whether the house wil be pleased to admit of those amendments , and that being yeelded unto , the bill it selfe ought not againe to be put to the question . if it be resolved to allow the amendments , the alterations are usually made by the clarkes servants sitting without the parliament doore , according to the direction in paper annexed to the bill , and the clarke is trusted with the examination thereof . in the fourth session of the first parliament of king james , it was conceived by some of the commens house , that by reason that bills which are passed in both houses and oftentimes razed in either house , and no mention made anywhere of such razures lawfully made , that it might give occasions to persons ill disposed , to make razures in bills past , much to the prejudice of the common wealth ; it was therefore moved that the l. chancellor for the upper house , who supplies the place of speaker there , and the speaker in the house of commons should subscribe their hands to every bill so razed ; and that mention should bee made upon the bill of all the razures therein , but this motion was not further prosecuted . sect. . touching the sending of bills from one house to the other . when the speaker hath in his hands a convenient number of bills ready passed , as five or six or thereabouts , hee then putteth the house in minde of sending them up to the lords , and desireth the house to appoint messengers , who accordingly do appoint some one principall member of the house for that purpose , to whom the bils are delivered in such order as he ought to present them to the lords , which is done by direction of the speaker , except the house bee pleased to give speciall direction therein . the order which hath usually beene observed in ranking of them , is first to place them that came originally from the lords . secondly , those that being sent up unto the lords from the commons house , were sent backe to be amended . thirdly , publique bills originally comming from the commons house , and they to bee marshalled according to their degrees in consequence . lastly , are to be placed private bills in such order as the speaker pleaseth . many times the house ( with a purpose specially to grace some one bill ) sendeth it alone sometimes with a speciall recommendation thereof . the messenger for this purpose is usually attended by thirty or forty of the house , as they please and are affected to the businesse . in the parliament anno . eliz. mar. a private bill for the releefe of one thomas haselridge , being passed , the commons house was sent up only with four or . messengers , to which the lords taking exceptions , returned the bill , saying , they had cause to doubt that it passed not with a generall consent of the house ; because it passed not graced with a greater number , and left it to the consideration of the house , to send it backe in such sort as was fit . the principall messenger which delivereth the bills to the lords comming in the first ranke of his company to the barre of the lords house , with three congees telleth the lords , that the knights , citizens and burgesses of the commons house , have sent unto their lordships certain bills , and then reading the title of every bill as it heth in order , so delivereth the same in an humble manner unto the lord chancellor , who of purpose commeth to the bat to receive them . bills sent from the lords to the commons house , if they be ordinary bills , are sent down by sergents at law , or by two doctors of the civill law , being masters of the chancery , and being attendants in the upper house , accompanied sometimes with the clarke of the crowne an attendant there . bills of greater moment are usually sent down by some of the judges assistants , there accompanied with some of the masters of the chancery , who being admitted entrance , doe come up close to the table where the clarke sitteth , making three congies , and there acquainting the speaker that the lords have sent unto the house certaine bills , doth read the titles and delivereth the bills to the speaker , and so againe departeth with three congies ; when they are out of the house , the speaker holdeth the bills in his hands and acquainteth the house that the lords by their messengers have sent to the house certaine bills , and then reading the title of every bill , delivereth them to the clarke to be safely kept , and to bee read when they shall be called for . bills originally preferred to the lords house , have such proceeding in that house in all points , as bills preferred to the commons house have there , only when any question is made in the lords house , the triall thereof is by saying content or not content , and if that be doubtfull , then by telling the poles , without dividing the house . sect. . touching the royall assent . vvhen bills are thus passed by both the houses upon three severall readings in either house , they ought ( for their last approbation that so like to silver they may be seven times purified ) to have the royall assent , which is usually deferred till the last day of the session ; but it may bee given at any time during the parliament ; touching which it hath been much doubted , and oftentimes debated , whether the royall assent given to any one bill , doth not ipso facto conclude that present session , which question is of great consequence ; for if thereby the session be at an end , then ought every other bill not having the royall assent ( though it hath passed both the houses ) to bee againe read three times in either house , and to have the same proceedings as at first , as if nothing had beene formerly done therein ; so must it bee of all other acts of the house . but in the last session of the first parliament of king james , the house being then desirous to have a bill to bee forthwith passed , declared , that the royall assent to one bill or more , did not dissolve the session without some speciall declaration of his majesties pleasure to that purpose , . april . in the journall . so likewise it appeareth by the iournall . & . phil. & m. . november , that the king and queene came of purpose into the parliament house to give their assent to cardinall pooles bill . and upon question made , it was then resolved by the whole house that the session was not thereby concluded , but that they might proceed in their businesse , notwithstanding the royall assent given , but for more security it is usuall to insert a proviso to that purpose . at the giving the royall assent it is not requisite that the king be present in person for by expresse words of the stat. of of hen. . ca. . the kings royall assent by his letters pattents under the great scale signed by his hand , and declared and notified in his absence to the lords spirituall & temporall , and to the commons assembled in the higher house , is and ever was of as good strength and force , as though the person of the king had beene there personally present , and had assented openly and publiquely to the same ; according to which statute the royall assent was given by commission , anno . hen. . unto the bill for the attainder of the duke of norfolke , and very oftentimes since . the royall assent is given in this sort : after some solemnities ended , of which mention shall be made in the chapter which treateth of the conclusion of the parliament , the clarke of the crown readeth the title of the bills in such order as they are in consequence , after the title of every bill is read , the clarke of the parliament pronounceth the royall assent , according to certaine instructions given him from his majesty in that behalfe . if it bee a publique bill to which the king assenteth , the answer is le roy leveult . if a private bill allowed by the king , the answer is , soit fait come il est desire if a publique bill ( which the king forbeareth to allow ) le roy se avisera . to the subsidie bill , le roy remercy ses loaulx subjectes accept lout benevolence , et auxy le veult . to the generall pardon , les prelates , seigneurs et comons en cest parliament assembles au nom de touts vous auters subjecte temoreient treshumblement vostre majesty , et prient dieu vous doner en sante , bone vie , et longe . and thus much concerning passing of bills according to the moderne practice : in ancient times the practice was much differing as elsewhere shall bee declared ; but that ancient order as it was nothing so curious as this , so was it not so safe for the subject , as by comparing both together will easily appeare . a report of divers memorable passages between hath houses in the parliament . eliz. concerning the adding of a proviso by the commons , unto a bill sent to the lords , ingrosed & signed by the queen , and passed by the lords for the restitution in blood of a certaine lord , and sent down by lords to the house of commons . a noble lord , whose father was attainted of murther , ( and thereby his bloud corrupted ) made suite to the queene to bee restored in bloud by parliament , which shee inclined unto , and in declaration of her good liking thereof , signed his bill ingrosed , which passed the lords house , and was sent downe to the commons . the bill upon the second reading by some was impugned , through mistake of the person , and by some others , for that there wanted a proviso for purchasors from his father and other ancestors . to the first , it was answered , that seeing her majesty had signed the bill , no doubt she was satisfied touching the person , and hee being a yong noble man there was great hope of him . to the second , that if the saving ( which was already in the bill ) were not sufficient , there might be other provision . the bill was committed , and the committees thought to adde a proviso to barre the lord , that he should not take advantage of any errors in any fine or other conveiance by his father or ancestors , but should bee in that case as though his bloud were not restored , in which state hee can bring no writ of error : the occasion of which proviso grew chiefely , for that the lords had within few daies before in this session dashed a bill that passed in the commons house for the helping of such errors ; whereupon they thought it dangerous to give that scope to any man that should be restored in bloud ; and therefore they added such a proviso both in this bill and other bills of the like kind . the said lord endeavoured by his councell to satisfie the committee , that the saving in the bill was sufficient without a new proviso ; but they being not satisfied therewith , he procured a message from the lords to the commons , that the bill might passe in such sort as was signed by the queene without any addition , which they thought could not bee made without the consent of her majesty , which message was sent after the committees had agreed upon the proviso , and reported the same to the house . the commons tooke this manner of dealing to be very strange , not having heretofore received any such message from the lords tending to prescribe them what they should do in the actions of that councell , and notwithstanding that message intended to proceed as they had begun . the next day the lord procured another message from the lords , desiring a meeting and conference with the commons about it , which message the commons conceiving it to be strange to be in this manner pressed , they gave the bill a third reading , and the new proviso as the course is , & so sent up the bill to the lords with the proviso annexed , with one other bill . herewith the lords were greatly moved , and the same afternoone sent a message to the commons house by mr. justice munson , and sergeant barham , that some of them should come to speake with certaine of the lords in such matters as they had to say to them , & to the commons house ; according to which message certaine of the commons house were appointed , and did give attendance on the morrow morning between . and nine of the clocke in the painted chamber , sending in word by the usher of their being there . the lords , after a great pause , at last came fotrh into the painted chamber ; the number of them were many , and the persons of the principall noblemen of that house , after they had taken their places at a long table , and used some conference amongst themselves , they called for those of the commons house , to whom the lord treasurer in the name of all the rest present and absent , said in effect ; that the lords of the upper house could not but greatly mislike the dealing of the commons house in their passage of that bill , especially for that they had passed the bill with a proviso annexed , notwithstanding their sundry messages sent to them in his favour ; and lastly , one message to have conference with them for resolution of such doubts as were moved ; wherein they tooke themselves greatly touched in honour , and thought that the commons house did not use that reverence towards them as they ought to doe : the cause besides , ( hee said ) was such as they saw no reason why the commons house should proceed in that order , for the bill being signed by her majesty ( hee said ) none might presume to alter or adde any thing to it without the assent of her majesty , which they for their parts durst not to doe ; for proofe whereof he shewed the committees sundry provisoes in king h. time annexed to the like bill signed by the king , inferring thereby that none might passe otherwise ; moreover he said that by the opinion of the judges which were in the upper house ; the saving which was in the bill was so sufficient as there needed no addition of such proviso as the commons house have annexed ; and therefore required them to know what reasons did lead them to proceed in this order . this and some other large speeches being uttered to this end the committees answered , that their commission was onely to heare whit their lordshippes would say , they would returne and make report to the house , and so attend upon them againe with answer . when this was reported to the commons house , it moved them all greatly , and gave occasion of many arguments and speeches , all' generally misliking that kind of dealing with them , and thinking their liberty much trenched on in three points : one that they might not alter or adde to any bill signed by the queene ; another that any conference should be looked for , the bill remaining with them , except themselves saw cause to desire it : and the third , to yeeld a reason why they paffed the bill in that sort . after all these things were sufficiently debated , an answer was agreed upon to bee returned to the lords by the same committees , and they gave their attendance upon the same lords in the same place , to whom was said in effect , by one of the committees , and by the consent of the rest , that they had delivered to the commons house the sense of that which their lordships had said unto them , which as they had conceived did stand upon two parts ; one on the manner of their proceeding in this case ; and the other on the matter wherein they had proceeded . to both which they had commission from the house to make unto their lordships this answer : first , that they were very sory , that their lordships had conceived such an opinion of the house as though they had forgotten their duty to them , praying their lordships to thinke that the commons house did not want consideration of the superiority of their honorable estate , in respect of their honorable calling , which they did acknowledge with all humblenesse , protesting that they would yeeld unto their lordships all dutifull respects , so far as the same was not prejudiciall to the liberties of their house , which it behooveth them to leave to their posterities in the same freedome they have received them . and touching the particular case , the manner of their proceedings ( as they thinke ) hath not bin any waits undutifull or unseemly . for the bill being sent from their lordships to the commons house received there ( within little space ) two readings , and because upon the second reading , some objections were made to let the course of the bill , the house thought fit to commit it , which doth shew that they had no disposition to overthrow the bill , but to further it , both in respect of her majesties signature and that it came passed from their lordships ; and whether the lord whom it concerned had cause or not to thinke himselfe favourably used in being heard by the comittees , with his learned council they referred to their lordships judgements . that after the committees report of their doings the house gave the bill a third reading , and so passed the same in such sort as now their lordships heare it notwithstanding their sundry messages to the contrary . and lastly , notwithstanding their message of conference , they said they could not otherwise have done without breach of their liberties , for they tooke the order of parliament to bee that when a bill is passed in either house , that house wherein the bill remaineth may desire conference with the house that passed the bill , if they thinke good , but not otherwis ; e ; and this bill passing from the lords to the commons house , they might desire conference , but not their lordships , the bill passing from themselves . and thus much for the manner of their proceedings touching the matter wherein they have proceeded , in that they annexed a proviso to this bill , the same being signed with her majesties hand , they thought they might lawfully do it without offence to her majesty , taking her signature to be only a recommendation of the cause to both the houses , without which they could not treate of any bill of that nature , the house not being thereby concluded , but that they might alter or adde any thing that should be thought meet either for her majesty or the subject : which proviso they have delivered upon good consideration , not hastily and inconsiderately , but upon great and sufficient reasons moving them , praying their lordship so to conceive it : neverthelesse to declare the reasons in particular to their lordships as they were required on that part , the house desired their lordships to beare with them , for that were to yeeld an account of their doings of things passed in their house , which they could not in any wise agree unto , being so prejudiciall to their liberties . this speech finished , the committees were willed by the lords to returne unto the nether end of the chamber , and after some pause and consultation amongst the lords , they called againe the committees , and to them was said by the lord treasurer , that the lords had considered the answer that the committees had brought to them from the commons house , and touching the first part thereof , he said that although through such information as was given them , they might have cause to conceive amisse of the house in the manner of their proceedings , yet because themselves were the truest reporters of their own actions , and the best interpreters of their owne meanings , the lords did therefore accept thereof and rested satisfied with the same . but touching the other part , he once againe pressed the committees to shew cause why the house added that proviso which the lords took to be suspitious ; the bill ( as he said ) containing in it a saving that was sufficient for all causes that might happen . to that was said by one of the committees , that they , humbly thanked their lordships that it pleased them to accept of their answeres to the first part ; but for the second which concerned the matter it selfe , and the reasons that moved the house , he said the committees had no further authority to deale in , having onely commission to deliver to their lordships the answers which they received from their house . whereupon the assembly brake up , the lords returning to the higher house , and the committees to their house , where at their comming , one of them reported their whole proceedings with the lords , where with the house was much satisfied , seeing that so great a storme was so well calmed , and the liberties of the house preserved ; which otherwise in time to come might have beene prejudiced in those three points before remembred which are indeed if they be well considered of great weight and importance . the bill ( as it appeared after ) passed no further ; the lords notliking the proviso , nor the commons house yeelding to the withdrawing of it , for the causes afore declared . concerning amendments of bills in the iournall of . hen. . die veneris . die maii existen. . parliamenti . a bill passed both houses in one day . hodie per dominum vicegerent . quedam introducta est billa concedens reg. majestati authoritatem constituendi episcopos in diversis locis hujus regni sui , quae quidem billa prima secunda & tertia vice lecta traditur regis attornato in domum communem deferend & immediate per ipsos de domo commun● relata & expedita . die martis . die junii . die parliamenti post proroga . &c. a bill by assent amended after it had passed both houses . memorandum quod hodierno die , concordatum est inter proceros & cōmunes , quod cum in billa concernente stabiliamentum opinionum inactitatum sit ut hujusmodi sacerdotes qui ante hac uxores duxerint easdem ante festum sancti iohannis baptiste , ( qui hodierno die est ) repudiarent , ut nunc alter dies illis ad easdem repudiend . limitaretur , qui eft duodecimus dies instantis mensis junii , & ut eadem billa indicta sententia raderetur & emendaretur . quod nota . die sabbati . die junii . die parliamen . post prorog. . &c. concerning the adding of a proviso by the commons to a bill by them sent up . memorandum quod immediate post decessum prefati willielmi kingston & aliorum , richardus riche miles ( ancellarius augmentationis reventionum coronae domini regia , & alii de domo inferiori proceribus declaraverunt eos regiam majestatem convenisseillique supplicasse quatenus eis liceret annectere billae concernenti punitionem eorundem qui accipitres , damas , aut cuniculos ue majestati pertinentes furaciter capient , provisione quandam limitantem tempus accusationis per transgressoribus ejusdem billae regiamque majestare eis petitionem suam hac in parte concessisse verum priusquam in domum communem reversi sint dictam billam per willielm. kingstone , militem & alios ad proceres fuisse allatā . itaque prefatus richardus proceres ( nomine communitatis ) rogavit , ut vel predictam billam illis remitterent ut illi hujusmodi provisionem eidem annecterent , aut ut illis placeret talem provisionem componere , & eam dictae billae annex . in dom . communi mittere , cui per dominum canc. ex assensu procerum responsum est , quod si prefatus richardus hujusmodi provision . componeret eandemque proceribus afferret , illi circa eandem procederent , prout inde causam cernerent . a catalogue of the names of the speakers of the commons house of parliament . in the reigne of william rufus , there was a great councell or parliament held at rockingham , as may bee collected out of the history of eadmerus , for he tearmeth the same , totius regni adunatio , and saith , that a certaine knight came forth and stood before the people , and spake in the name and behalfe of them all , whereby the minde and consent of the people was understood , who ( as is conceived ) was the speaker of the commons ; but the author nameth him not ; this is mentioned onely because of the antiquity thereof . petrus de mountford . h. . that he was speaker of the house of commons may bee collected out of the register of saint albane fol. . where it is said , that he vice totius communitatis consented to the banishment of adomar de valence bishop of winchester , by which also it may be conceived that the lords and the commons in that time sate in severall houses , or at leastwise gave their assents severally . scroope . . ed. . monsi . william trussell . . ed. . the commons answer by his mouth , and therefore it is conceived hee was their speaker , though not so named in the record . sir peter de la mare . . ed . sir thomas hungerford . . ed. . this is the first named speaker upon record . ed. . n. . sir peirce de la mare . . rich. . sir iames pickering . . rich. . sir iohn goldesborough . r. . sir iohn goldesborough . r. . sir richard walgrave . . rich. . he was the first that made excuse , desiring to be discharged ( for ought appearing in record ) but the king commanded him upon his allegiance to except the place , seeing hee was chosen by the commons . sir iames pickering . . rich. . no speaker recorded from . r. . to . sir iohn bushye . rich. . he was presented to the king in full parliament by the commons , the first i finde so presented , he was a speciall minion to the king . sir iohn bushey . . rich. . there are many p●●●… rol. of r. . which men●o● no speaker as , , , , , . sir iohn bushey . . rich. . this parliament was held in the palace yard of westminster , in a long house , built with timber of purpose , left open at both ends , both the houses fate together therein , an especiall place made for the speaker : the cause of this extraordinary meeting was the impeachment of the duke of gloucester , the earle of arundell and warwicke . sir iohn cheyney . . h. . he is stiled in the roll not only parlour , but procurator de les commons ; the next day after he was presented he grew sicke , and the commons made choice of mr. iohn darwood in his place , and yet hee came up with the commons to the lords house , and praied to bee discharged by reason of this infirmity , declaring whom the commons had made choice of , and praied hee might bee accepted , which was granted , and hee made the like protestation as sir iohn cheyney had done , which was that hee might have liberty to amend any mistaking in that which hee should deliver from the commons , and made none of the other requests now usuall . lohn dorwood esq . . h. . he made no excuse , for ought appeareth . sir arnold savage . . h. . the first time appearing upon any record that the commons were required by the king to choose a speaker , but afterward it is still continued , onely omitted . of henry the fourth . sir henry de redeford . . h. . sir arnold savage . . h. . after he had made the ordinary protestation concerning his owns mistakings , he further desired the king in the names of the commons that they might freely make complaint of any thing amisse in the government , and that the king by the sinister information of any person would not take offensively that which they should complaine of in that behalfe : which petition was yeelded unto by the king , . h. . . . sir vvilliam sturmy . . h. . sir iohn cheyney . . h. . parliamentum indoctorum , so called because in the writ of summons there was a clause no lawyer should be chosen . sir iohn tibtoft . h. . he desired to bee discharged , because of his youth , but he was neverthelesse allowed of , but having forgotten to make the usuall protestations upon the day of his allowance ; hee came up the next day and made it , and added further ( which never any speaker did before or since ) that if any writing were delivered by the commons , this parliament and they should desire to have it againe to amend any thing therein , it might bee restored to them , which was granted , r. pav . . h. n. . he was the sonne of iohn lord tiptoft , and in the tenth yeare of henry the fourth was made lord treasuret of england , and created earle of worcester by h. . while he was speaker hee signed and sealed the deed of the intailing of crowne . . h. . with these words , nomine totius commutatis . thomas chauser esq . . h. . thomas chauser esq . . h. . thomas chauser esq . . h. . vvilliam stourton esq . . h. . this speaker without the assent of his companions , did agree before the king to deliver in parliament certaine articles , but about three daies following , the commons finding themselves agreeved therewith , sent unto the lords ( the king being then present ) mr. iohn dorewood and divers of the commons with him , & declared to the king that their speaker had no authority from them to yeeld thereunto , & therefore they desired to be excused therein , which the king was pleased to accept , about two months after , the commons comming before the king did present for their speaker the same mr. iohn dorwood , because their old speaker being sicke in his bed was not able to execute the place , whom the king allowed of . iohn doreward esq . . h. . thomas chaucer esq . . h. . vvalter hungerford esq . . h. . richard redman esq . . h. . sir vvalter beauchamp . h. . roger flower esq . . h. . roger flower esq . . h. . roger flower esq . . h. . richard baynard . h. . roger flower esq. . h. . iohn russell esq . . h. . sir thomas vvauton . . h. . richard vernon esq . . h. . iohn tirell esq . . h. . vvilliam allington esq . . h. . iohn tirell esq . . h. . iohn russell esq . . h. . roger hurst esq . . h. . iohn bowes esq . . h. . sir iohn tirrell . h. . sir iohn tirrell . h. . the king taking notice of the sicknesse of the speaker , and that by reason there of hee could not intend the affaires of the parliament , commanded the commons to make choice of a new speaker , who accordingly did make choice of one mr. william boerly , and did by one iohn hody ( knight of a sheere ) informe the king thereof , who there upon was allowed of by the king without any more ceremony . vvilliam boerly esq . . h. . willam tressam esq . . h. . william burley esq . . h. . william tressam esq . . h. . iohn day esq . . h. . sir iohn popham . h. . this excuse by reason of his age and impotency by his service in the warre , was allowed of by the king , and the same day the commons presented m. william tresham for their speaker , and he was allowed . vvilliam tresham esq . . h. . hee made no excuse at all , for ought appearing on the record . sir william oldham . h. . he made no excuse . thomas thorpe esq . . h. . thomas thorpe esq . . h. . he was arested in execution at the suite of the duke of yorke betweene two sessions of parliament , wherein the opinions of the judges being demanded by the lords , the judges answered , it belonged not unto them to judge of the liberties of parliament , whereupon ( without them ) it was adjudged that hee was not to have priviledge , which was signified to the commons by some of the lords , and the kings pleasure for present choosing of a new speaker was declared unto them , whereupon they forth with chose sir shomas charlton . sir thomas charlton . h. . sir iohn vvenlock . h. . thomas tresham esq . . h. . iohn green esq . . h. . sir iames ttrangwaies . ed. . iohn say esq. . ed. . vvilliam allington esq . . ed. . vvilliam allington esq . . ed. . iohn vvood esq. . ed. . vvilliam catesbey esq . . r. . in these times the lord chancellor , speaker of the lords house ( being for the most part a bishop ) tooke a text out of scripture , or some other theame , and grounded his oration thereupon , therein declaring the cause of the summons of the parliament , and in conclusion thereof , as the use now is , declared to the house of commons the kings pleasure , that they should repaire to their house and make choice of a speaker , not naming any day when they should present him ( as is now used ) and when the commons had chosen their speaker , they sent up some of their house to the lords to desire them to intimate to the king that they had made choice of a speaker , not naming whom , and to move the king to appoint a time when they should present him , and ( commonly the king having beene formerly spoken unto ) the day agreed upon by the king , was declared unto them ; at the day appointed , the commons presented their speaker , who prayed that hee might bee excused ; but his excuse not being admitted , hee maketh the common protestation touching his owne mistakings , without any petitions in the behalfe of the commons , as is now usuall . thomas lovell . esq . . h. . after knighted and made of the privy councell to king henry the . and h. . iohn mordant . h. . sir thomas fitz williams . h. . richard empson esq . . h. . learned in the lawes , recorder of coventry , afterwards of the privy councell to h. . sir reginald bray . h . he made the usuall protestation for himselfe , but there is no mention at all upon the record concerning any petition the liberty of the commons . robert drury esq . . h. . thomas inglefield esq . . h. . edmond dudley esq . . h. . learned in the lawes , he was afterward of the privy councell to h. . sir thomas ing'efeild . h. . sir robert sheffeild . h. . recorder of london . sir thomas nevill . h. . the speakers presentment , excuse and protestation , are onely entered on record before this time , but no oration of theirs till this time . sir thomas more . & . h. . chancellor of the dutchy of lancaster , after lord chancellor of england , hee was speaker of the house of commons in this parliament , and speaker of the lords house the next ; hee made the usuall protestation for himselfe , and prayed if any of the commons should in debate of matters speake more largely then they ought , that it might be pardoned by the king , which the king granted . thomas audeley . h. . sergeant at law , chancellor of the dutchy of lancaster , lord keeper of the great seale , in . h. . made lord chancellor of england , and lastly created a baron : he made the usuall protestation for himselfe , but there is no mention upon the record of any petition by him made in the behalfe of the commons . i have not found any speaker named in the record or chronicles in these yeares of h. . viz. . . . . . . richard rich . h. . afterwards made l. chancellor , and created a baron ; the first that is recorded to have made request for accesse to the king : from him are discended the earles of warwicke and holland , now living . sir nich. hare . h. . afterwards master of the rolls , and after that lord keeper of the great seale of england , after which hee lived but . daies . thomas moyle esq . . h. . the first that is recorded to have made petition for freedome of speech , the petition for priviledge from arrest is of latter daies , but it appeares in the first of h. . that sir iohn cheney then speaker , made a generall request that the commons might injoy their ancient priviledges and liberties , not naming any liberty in particular , and hee is noted to be the first that is recorded to have made that request , but they all make the usual request or protestation touching themselves . in the latter end of the reigne of k. h. . there is no mention made in the parliament roll of the presenting of any speaker , nor in the time of ed. . or queen mary , nor during the reigne of queen el. when sir iohn puckering was speaker , but the memories of the speakers names of those latter times is onely presented in the journalls of both houses . sir iohn baker . ed. . to . foure sessions . chancellor of the augmentations . sir iames dyer k t. . ed. . sergeant at law , afterwards kings sergeant and lord chiefe justice of the common pleas . iohn pollard esq. . mary learned in the lawes , he continued speaker during two sessions . clement higham esq . . & . p. m learned in the lawes and one of the privy councell , afterward knighted and made l. chiefe baron of the exchequer . iohn pollard esq. . and . p. m. learned in the lawes , afterward made sergeant . vvilliam cordall esq . . & . p. m. master of the rols & one of the privy councell , he was knighted the day he made his oration , and was master of the rolls when he was chosen speaker , as may appeare by comparing the date of his letters pattents , with the time of his being chosen speaker . sir thomas gargrave . eliz. learned in the lawes , and one of the queenes councell in the north , he made the foure requests , ever since and now usually made by most speakers , as appears by his oration . first , for free accesse to the queene . secondly , liberty of speech . thirdly , for priviledge from arrests . fourthly , that his mistaking might not prejudice the house . thomas vvilliams esq. . eliz. learned in the lawes . richard ousloe esq . . eliz. the queens solicitor , hee was first chosen member of the commons house , and then being made queens solicitor had a writ to attend in the upper house , and upon the death of mr. williams , at the request of the commons , was sent unto them , and they chose him their speaker , but so , as the house was divided upon the question . christopher wray esq . . eliz. learned in the laws , afterwards lord chiefe justice of the kings bench . robert bell esq . . eliz. learned in the lawes , after made sergeant and lord chiefe baron . iohn popham esq . . eliz. sollicitor to the queene chosen in place of sir robert bell who was made lord chiefe baron , and died also before this session . mr. popham was afterwards made the queenes atturney , and after chiefe justice of the kings bench , and one of the privy councell ; when hee was chosen speaker he was an assistant in the upper house , and sent for as mr. ousloe was . mr. sergeant puckering . eliz. till twenty eight during two sessions : afterwards made the queenes sergeant , and lord keeper of the great seale . mr. sergeant snag . eliz. afterward made queenes sergeant . edward cook esq . eliz. solicitor generall , afterward made queenes atturney , and knighted , lord chiefe justice of the common pleas , a privy councellor , and lastly made lord chiefe justice of the kings bench . mr. serjeant yelverton . eliz. afterward made queenes serjeant , and after that one of the judges of the kings bench , and knighted . mr. sergeant crooke . eliz. recorder of london , afterwards made sergeant to ring iames , and one of the justices of the kings bench , and knighted . mr. sergeant phelips . iacobi he was during the time hee was speaker made master of the rolls , and yet sate as speaker . sir ranulph crew . iac. sergeant at law , afterwards made kings sergeant and chiefe justice of the kings bench . sir thomas richardson . iac. sergeant at law , afterwards made kings sergeant and chiefe justice of the common pleas , and after chiefe justice of the kings bench . sir thomas crew . iac. sergeants at law , afterwards made king sergeant . sir thomas crew . caroli r. sir heneage finch . car. reg. recorder of london sergeant at law . sir iohn finch . & . car. queenes atturny , afterwards made one of the kings councell at law , then chiefe justice of the common pleas , and lately lord keeper of the great seale . iohn glanvile esq . . car. sergeant at law , at the parliament begun the . of aprill . and was dissolved . may following , and so continued but . daies ; afterwards he was made the king sergeant . william lenthall esq . . car. learned in the laws , one of the benchers and readers of lincolns inne at the parliament which began the . of november , . finis . the death, burial, and resurrection of the act of the th of eliz. entituled, an act to retain the queens majesties subjects in their due obedience being an answer to a late lying pamphlet, entituled the life and death of the th of eliz. e. w. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the death, burial, and resurrection of the act of the th of eliz. entituled, an act to retain the queens majesties subjects in their due obedience being an answer to a late lying pamphlet, entituled the life and death of the th of eliz. e. w. p. printed for nath. thompson ..., [london : ] caption title. imprint from colophon. wing attributes work to e.w. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elizabeth -- i, -- queen of england, - . england and wales. -- parliament. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the death , burial and resurrection of the act of the th . of eliz. entituled , an act to retain the queens majesties subjects in their due obedience . being an answer to a late lying pamphlet , entituled , the life and death of the th . of eliz. there being lately a scurrilous and seditious pamphlet spread abroad to ensnare his majesties loyal subjects , entituled , the life and death of the statute of the th . of queen elizabeth , and by such means to withdraw his majesties subjects from their due obedience and conformity , according to the known laws of this kingdom ; suggesting that the said act is discontinued ; thereby at once not only grosly reflecting on the proceedings of the two last parliaments , but calling in question the judgment of the king , lords and commons , who ( upon starting the question , whether or not this act of the th . of elizabeth was in force ? ) in the th . year of his now majesties reign , did unanimously declare , that the said act was then in force , and ought to be put in due execution . for the better satisfaction of which point , i have only set down the several continuances and revivings of the said act , and the continual care of every parliament since the making that law , being certainly the best , if not the only , means to keep his majesties subjects to their due obedience . an act made in the th . of eliz. cap. . entituled , an act to retain the queens majesties subjects in their due obedience , with this proviso , that it shall continue no longer than to the end of the next session of parliament . this parliament began the th . of february , in the th . of the queen , and was dissolved the th of april following . the next parliament began the th . of october , in the th . of the queen , and there continued until the dissolution thereof , being the th . of february next following . this is the session , to the end whereof the th . of eliz. was to have continued in force ; in which session the th . of eliz. was revived by an act entituled , an act for reviving , continuing and repealing divers statutes ; which enacts , the same shall continue and remain in force unto the end of the next parliament next ensuing . the next parliament began the th . of october , in the d . of the queen , and there continued until the dissolution thereof , being the th . of december next following . in this session the th . of eliz. is again revived by the statute entituled , an act for continuance of divers statutes , and for repeal of some others ; which statute enacts , that the same shall be continued and remain in force until the end of the first session of the next parliament . the first session of the next parliament began the th . of march , in the st . year of king james , and there continued to the th . of july . and then prorogued to the th . of february next following . the th . of eliz. is again continued in this session by the act entituled , an act for continuing and reviving of divers statutes , and for repealing of some others ; which enacts , the same shall be continued and remain in force until the end of the first session of the next parliament . the d . session of the forementioned parliament began and was held by proroguation the th . of november , in the d. of king james , and there continued until the th . of may , and then was prorogued to the th . of november next . the d. session of the forementioned parliament began from the last proroguation of the th of november , in the th . of king james , and there continued till the th . of july . and then prorogued to the th . of november next following . the th . session of the forementioned parliament began and was help by prorogation the th . of february , in the th . of king james , and there continued until the d . of july , and then prorogued to the th . of october next following . now observe , that in the st . session of parliament held in the st . of king james , the th . of eliz. was revived and continued in force until the end of the st . session of the next parliament . the d . session of parliament was held by prorogation in the d. of king james . the d. session was held by prorogation in the th . of king james . the th . session was held by prorogation in the th . of king james ; so that it is apparent by the proviso in the st . year of king james , that there needed not ( as the late pamphleteer seems to hint ) any revivor of the th . of eliz. in either of the last mentioned sessions , they being sessions of the same parliament held in the st . of king james . in the th . of king james another parliament was held at westminster , but no act passing , it was no sessions . in the th . year of king james there was another parliament holden at westminster , wherein only there passed some subsidy acts. and in the next parliament being holden in the st . year of king james , the question did arise in parliament , whether amongst other temporary acts , this act of the th . of eliz. were discontinued ? and for clearing the doubt , stat. jac. entituled , an act for the continuing and reviving of divers statutes , and for repeal of divers others . this clause is incerted , that the said acts shall by virtue of this act be adjudged ever since the session of parliament , in the th . year of his majesties reign of england , to have been of such force and effect , as the same were the last day of that session , and from thenceforth until the end of the first session of the next parliament . the th . of june the next parliament was holden at westminster , and there continued to the th . of july following , and then adjourn'd to oxon ; in which sessions it was enacted , that all statutes and acts of parliament , which were to have continuance unto the end of that sessions , should be of full force , after the said adjournment , until that sessions should be fully determined ; and if it should happen that that session of parliament should be determined by the dissolution thereof , that then the of eliz. with other acts , should be continued in force until the end of the first session of the next parliament . and the next parliament was holden car. . and this act was revived and continued in force unto the end of the first sessions of the next parliament . the next parliament was holden , car. . in which sessions it was enacted , that the passing of that act , &c. should not be any determination of that sessions , and that all acts of parliament should have their continuance according to the act of car. . and should be of the same force as they were the last day of that session , and from thenceforth until some other act of parliament be made touching the continuance or discontinuance of the same ; so that it is plain , this act is still in force , unless the pamphleteer can produce an act whereby this act of the of the queen is repealed ; and it must be very lately ; for this doubt arising the second time in parliament in the th . year of his now majesties reign : in the preamble of the act entituled , an act to prevent and suppress seditious conventicles . it is declared by king , lords and commons , that the act of the of the queen was then in force , and ought to be put in due execution . and although that act be expired , yet this clause is declaratory and distinct from that act ; and the act of the d . of this king was never made in favour of dissenters . london , printed for nath. thompson next the cross keys in fetter-lane . notes, typically marginal, from the original text notes for div a -e sect. . cap. . sect. . eliz. sect. . cap. . sect. . sect. . jam. cap. . sect. . cap. . sect. . car. . cap. . car. . cap. . sect. , . car. . cap. . cap. . a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended act of some commons in (or rather out of) parliament, april . (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon england, scotland and ireland, jan. . by a fragment of the old commons house, ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended act of some commons in (or rather out of) parliament, april . (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon england, scotland and ireland, jan. . by a fragment of the old commons house, ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [ ], , - p. printed for edw. thomas at the adam and eve in little britain, london, : . text is continuous despite pagination. postscript pp. - . annotation on thomason copy: "feb: "; the in the date has been crossed out. reproduction of the original in the british library. eng england and wales. -- early works to . england and wales. -- parliament -- early works to . taxation -- law and legislation -- england -- early works to . great britain -- history -- civil war, - -- finance -- early works to . a r (thomason e _ ). civilwar no a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a legal vindication of the liberties of england , against illegal taxes and pretended acts of parliament , lately enforced on the people : or , reasons assigned by william prynne of swainswick in the county of sommerset , esquire , why he can neither in conscience , law , nor prudence , submit to the new illegal tax or contribution of ninety thousand pounds the month ; imposed on the kingdom by a pretended act of some commons in ( or rather out of ) parliament , april . ( when this was first penned and printed ) nor to the one hundred thousand pound per mensem , newly laid upon england , scotland and ireland , jan. . . by a 〈◊〉 of the old commons . house , secluding the whole house of lords , and majority of their hellow members , by armed violence against all rules of law and parliament presidents . esay . . he looked for judgement , but behold oppression ; for righteousnesse , but behold a cry . psal. . . for the oppression of the poor , for the sighing of the needy ; new will i arise ( saith the lord ) and will set him in safety from him that would ensnare him . exod. . . . i have also heard the groaning of the children of israel , whom the aegyptians keep in bandage ; and i have remembred my covenant . wherefore say unto the children of israel , i am the lord , and i will bring you out from under the burdens of the aegyptians ; and i will rid you out of their bondage ; and i will redeem you with a stretched out arm , and with great judgements . eccles. . , . so i returned and considered all the oppressions that are done under the sun , and beh●ld the tears of such as were oppressed , and they had no comforter ; and in the hand of their oppressors there was power , but they had no comforter : wherefore i praised the dead which are already dead , more than the living which are yet alive . the second edition enlarged . london , printed for edw. thomas at the adam and eve in little britain , . errata . page . l. . to , read by . p. . l. . seclusion . l. . dele in . l. . extended . p. . l. . on . p. . l. . only . p. . l . and , r. as . p. . l. . it is . p. . l. . obsta . p. . l. . to . p. . l. . resolved . l. . and , r. as . p. . l. . and , r. of . margin . p. . l. . , r. . to the ingenuous reader . the reasons originally inducing and in some sort necessitating me to compile and publish this legal vindication , against illegal taxes and pretended acts of parliament , imposed on the whole english nation , in the year . by a small remnant of the commons house , sitting under an armed force , abjuring the king and house of lords , and unjustly secluding the majority of their fellow-commoners , against the very tenor of the act of caroli , c. . by which they pretended to sit , the letter of the writs by which they were elected , and those indentures by which they were returned members , the oaths of supremacy , and allegiance , protestation , solemn national league and covenant which they all took as members ; the very first act of parliament made and printed after their first sitting , caroli , c. . and many hundreds of declarations , remonstrances , orders , ordinances , votes , from nov. . . to dec. . . have constrained me now to reprint it with some necessary and usefull additions in the year . above ten years after its first publication : those very rumpers , who on the th . of april . imposed a tax of ninety thousand pounds the month on england alone , having on the . of january , . presumed to lay a new tax of no lesse than one hundred thousand pounds the month , for six months next ensuing , on england , scotland , and on ireland too , ( never taxed in former ages by intire undubitable english parliaments ) when as by their former order , they advanced and paid in before hand a heavy tax ( illegally imposed on them by a protectorian conventicle ) during those very months for which they are now taxed afresh far higher than before , though totally exhausted with former incessant taxes , free-quarter , militia expences , imposts of all sorts , and utterly undone for want of trade ; and all to keep them in perpetual bondage under armed gards , and iron yoaks , under pretext of making them a new free-state and common-wealth , of the jesuites projection , perpetually to subvert our antient hereditary monarchy , kingdom , and true old english * common-wealth , under which we formerly lived , and flourished with greater freedom , splendor , honour , peace , safety , unity , and prosperity , than we can ever expect under any new form of government or utopian republick whatsoever our whimsical innovators can erect . when our parliaments under our antient and late kings granted any aydes , subsidies , imposts , to supply the publick necessities , as they were alwaies moderate , and temporary , not exceeding the present necessities , and the peoples abilities to pay them ; so they ever received some acts of grace and retribution from our kings , and new confirmations of their great charters , and fundamental laws and liberties , recorded in our parliament rolls and statutes at large . but our new republicans , worse than the old aegyptian pharoes and tax-masters , double our bricks , taxes , yet deny us straw and materials to make or defray them redressing none of all our publick grievances , nor easing us of any unjust burthens or oppressions whatsoever , nor indulging any graces or favours to us , nor yet so much as preserving , or confirming our old grand charte●s , fundamental laws , statutes , for the preservation of our lives , liberties , properties , franchises , freeholds but violating them all in a far highe : and more presumptuous degree , than strafford , canterbury , the shipmony judges , or any of our kings , whom they brand for tyrants , and that after all our late wars and contests for their defence . upon which account , i held it my bounden duty , to enlarge and reprint this vinaication , nor out of any factious or seditions design , but from the impulse of a true heroick english publike spirit , and zeal to defend my native countries undubitable hereditary rights , against all arbitrary tyrannical usurpations and impostors whatsoever ▪ though arrogating to themselves the title and power of the parl. of england , when their own judgements , consciences , as well as all our antient statutes , parliament rolls , laws , judges , law-books and treatises of english parliaments , resolve them , to be no parliament at all , but an * anti-parliamentary conventicle . if i now lose my life ( as i have formerly done my liberty , calling and estate ) for this publike cause , i shall repu●e it the greatest earthly honour and 〈◊〉 to dye a ma●●●● for my dying country , & to redeem her lost liberti●s , with the losse of my momentary life , which will be more i●ksome to me , than the 〈◊〉 death , if protracted only to behold those ruines and desolations , which some grandees tyrannies , and bedlam exorbitances are like speedily to bring upon her , unlesse god himself , by his miraculous provi●●n●●s reflrain their fury , abate their power , and confound their destructive des●gns beyond all humane expectation as he hath done of late , and i trust he will s●dainly do again , to the rejoycing and reviving of all good men . which is the hope and expectation , of thine and his native countries true friend and servant william prynne . lincolns inne , feb. . . a legal vindication of the liberties and properties of all english freemen against illegal taxes : or , reasons assigned by william prynne , &c. being on the th . of this instant june , . informed by the assessors of the parish of swainswicke , that i was assessed at l. s. for three moneths contribution , by virtue of a ( pretended ) act of the commons assembled in parliament , bearing date the seventh of april last , assessing the kingdom at ninety thousand pounds monthly , beginning from the of march last , and continuing for six moneths next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof l. s. d. ob . is monethly imposed on the county , and l. s. d. on the small poor parish where i live ; and being since on the fifteenth of june required to pay in l. s. for my proportion ; i returned the collector this answer , that i could neither in conscience , law , nor prudence in the least measure , submit to the voluntary payment of this illegal tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick liberty ) amounting to six times more than ship-money , ( the times considered ) or any other illegal tax of the late beheaded king , so much declaimed against in our three last parliaments , by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legal they had none ) than voluntarily pay , or not oppose it in my place and calling to the uttermost ; upon the s●me , if not better reasons , ●● i oppugned a ship-money , knighthood , and other unlawful impositions of the late king and his councell heretofore . and that they and all the world might bear witness , i did it not from meer obstinacy or sullenness , but out of solid real grounds of conscience , law , prudenoe , and publick affection to the weal and liberty of my native country ( now in danger of being ensl●ved under a new vassallage , more g●ievous than the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my resusal in writing , and to publish them , so soon as possible , to the kingdome for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kind of contribution . in pursuance whereof , i immediately penned these insuing reasons , against that taxe in . which i augmented with some new additions ▪ against the hundred thousand pound tax each month imposed on us , by our worse then egyptian tax-masters now ; for those very six ensuing months space , they payed in long since , before they became due , by their forced exactions and distresses , against all rules of justice , law , conscience , and presidents of former times ; which i humbly submit to the impartial censure of all conscientious and judicious englishmen : desiring either their ingenuous refutation , if erroneous ; or candid approbation , if substantial and irrefragable , as my conscience and judgement perswade me they are , and that they will appear so to all impartial perusers , after full examination . first , by the fundamental laws , and known statutes of this realm , no tax , tallage , ayd , imposition , contribution , loan or assessement whatsoever , may or ought to be imposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes , &c. not so imposed , levyed ( though for the common defence and profit of the realm ) being unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; as is undeniably evident by the express statutes of magna charta , cap. , . . e. . c. , . . e. . de tallagio non concodendo , c. . e. . stat. . c. . stat. . c. . . e. . stat. . c. . stat. . cap. . . e. . rot. parl. n. . . e. . c. . rot. parl. n. . . e. . stat. . c. . . e. . rot. parl. n. . . e. . c. . & rot. parl. n. . . e. . rot. parl. n. . . e. . rot. parl. n. . h. . rot. parl. n. . . r. . c. . the petition of right , and resolutions of both houses against loans , . caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , ann. . & . car. c. . . . . and fully argued and demonstrated by mr. william hackwell in his argument against impositions , judg hutton and judg crook in their arguments , and mr. st. john in his argument and speech against ship-money , with other arguments and discourses of that subject : sir edward cook in his instit. ( published by order of the commons house ) pag. . ▪ &c. , , , , , &c. with sundry other records and law-books cited by those great rabbies of the law and patriots of the peoples liberties . but the present tax of ninety thousand pounds a moneth , now exacted of me , an. . and this of an hundred thousand pounds each moneth now demanded , was not thus imposed . therefore it ought not to be demanded of , or levied of me ; and i ought in conscience , law and prudence to withstand it as unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; even by the junctoes knack of oct. . . to make good the assumption , which is onely questionable . first , this tax was not imposed in , but out of parliament , the late parliament being actually dissolved above two moneths before this pretended act , by these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of h. . rot. parl. n. . by the parliament of h. . and h. . rot. parl. n. . cook . institutes p. . and e. . . b and i have largely and irrefragably proved : in my true and perfect narrative , . for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks instit. p. . resolve ) which was summoned and constituted onely by his writ , now actually abated by his death : and the parliament ( as is evident by the clauses of the several writs of summons to c the lords , and for the election of the knights and burgesses , and levying of their wages ) being only parliamentum nostrum , the kings parliament that is dead , not his heirs and successors ; and the lords and commons being all summoned and authorized by it to come to our parliament , there to be personally present , and confer with us ( nobiscum , not our heirs and successors ) of the weighty and urgent affairs that concerned ( nos ) us and our kingdom of england ; and knights and burgesses receiving their wages for , nuper ad nos ad parliamentvm nostrum veniendo , &c. quod sommoneri fecinus , ad tractandum ibidem super diversis & arduis negotiis nos & statum regni nostri t●ngentibus , as the tenor of the d writs for their wages determines . the king being dead , and his writs and authority by which they were summoned , with the ends for which they were called ( to conferre with us , about us and our kingdoms affairs , &c. being thereby absolutely determined , without any hopes of revival ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have disinherited his heirs and successors , and voted down our monarchy it self ) and they with all other members of parliament , cease to be any longer members of it , being made onely such by the kings abated writ ; even as all judges , justices of peace , and sheriffs made only by the kings writs or commissions , not by his letters patents , cease to be , judges , justices , and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros , ad pacem nostram , &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be our judges , justices , and sheriffs no longer , to preserve our peace , &c. ( no more than a wife can be her deceased husbands wife , and bound to his obedience , from which she was loosed to his death , rom. . , . ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our e law-books and judges have frequently resolved upon this very reason , which equally extends to members of parliament , as to judges , justices and sheriffs , as is agreed in e. . f. , . and brook , office and officer , , therefore this tax being clearly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses , or members of parliament , but only private men , their parliamentary authority expiring with the king , it must needs be illegal , and contrary to all the forecited statutes ; as the convocations and clergies tax and benevolence granted after the parliament dissolved in the year . was resolved to be , by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it , as the impeachments against them evidence , drawnup by some now acting . . admit the late parliament still in being , yet the house of peers , earls , and barons of the realm were no wayes privy nor consenting to this tax imposed without , yea , against their consents , in direct affront of their * most antient undubitable parliamentary right and privileges , ( these taxmasters having presumed to vote down and null their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , entituled by them , an act of the commons assembled in parliament : whereas the house of commons alone , though full and free , have no more lawfull authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , than the man in the moon , or the convocation , anno . after the parliament dissolved ( as is evident by the expresse words of the fore-cited acts , the petition of right it self ; the acts for the triennial parliament ; and against the proroguing or dissolving this parliament , car. c. , & . with all our printed statutes , f parliament-rolls , and g law-books : they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constitutive m●mbers of our h antient parliaments , ( which consisted of the king , spiritual and temporal lords , without any knights , citizens or burgesses , as all our histories and records attest ) till h. . at soonest ; they having not so much as a speaker or commons house , till after the beginning of king e. the third's reign , and seldom or never presuming to make or tender any bills or acts to the king or lords , but petitions only to them , to redress their grievances and enact new laws , till long after r. the seconds time , as our parliament rolls , and the printed prologues to the statutes of , , , , , , , , . and edw. . rich . , , , , , , , hen. . , , , , hen. . , , , , , , , , , , , , , . hen. . , , , , , . ed. . and rich. . evidence ( which run all in this form , at the parliament holden , &c. by the advice and assent of the lords spiritual and temporal , and at the special instance and request of the commons of the realm , ( by their petitions put in the said parliament , as some prologues have it . ) our lord the king hath caused to be ordained , or ordained certain statvtes , &c. ) where the advising and assenting to laws is appropriated to the lords ; the ordaining of them to the king ; and nothing but the requesting of , and petitioning for them to the commons , and that both from king and lords , in whom the legislative power principally , and before h. . originally and solely resided , as is manifest by the printed prologue to the statute of merton , hen. . the statute of mortemain , e. . e. . de asportatis religiosorum , the statute of sheriffs , ed. . and of the templers , ed. . to cite no more . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegal , and no wayes obligatory to the subjects . . admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying of it without king or lords ; ( which they never once did , or pretended to in any age ) yet this act and tax can be no waies obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed , swayed , over-awed by the chief officers of the army , and their confederates in the house , who having presumed by mere force , and armed power , against law and without president , to seclude the major part of the house ( at least eight parts of ten ) who by law and custom are the house it self , from sitting or voting with them , contrary to the freedom and privileges of parliament ; readmitting none but upon their own terms of renouncing their own forme , votes touching the kings concessions , and taking their new treasonable engagements , against the king , kingship , and house of lords . an usurpation not to be paralel'd in any age , destructive to the very being of parliaments ; i where all members of both houses are ex debito justitiae , wi●h equal freedom to meet and speak their mind● : injurious to all those counties , cities , borough● , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea , contrary to all rules of reason , justice ▪ policy , conscience , and their own agreement of the people , which inhibit the * far lesser part of any councel , court or committee , to oversway , seclude or fore-judg the major number of their assessors , and fellow-members , over whom they can no ways pretend the least jurisdiction ; it being the high way to usher tyranny and confusion into all councels , and realms , to their utter dissolution ; since the king alone without the lords and commons , or the lords alone without the king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact laws without the commons , or any other forty or fifty commoners meeting together without their companions , and secluding them by force , do the like , as well as this remnant of the commons make themselves a complete parliament without the king , lords , or majority of their fellow-members , if they can but now or hereafter raise an army to back them in it , as the army did those sitting . and . and those sitting in have done , secluding the majority of their old fellow-members by meer armed violence . . suppose this tax should bind those counties , cities , and burronghs , whose knights , citizens and burgesses sate and consented to it when imposed , ( though i dare swear much against the minds and wills of all or most of those they represent ; who by the ( k ) armies ▪ new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of . e. . rot. parl. n. . did all refuse to grant a great extraordinary subsidie demanded of them ( though not comparable to this ) for the necessary defence of the kingdome against foraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities , burroughs , whose knights , citizens and burgesses have been secluded or scared thence by the armies or sitting members fraud , force , violence , or illegal votes for their seculsion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the onely l reason in law , or equity , why taxes or acts of parliament oblige any member , county , burrough or subject , is , because they are parties , and consenting thereunto either in proper person , or by their chosen representatives in parliament ; returned and authorized by indentures under their seals , it being a recieved maxime in all laws , m quod tang it omnes , ab omnibus debet approbari . upon which reason it is judged in our n law-books , that by-laws oblige only those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( which comes fully to the present case ) in . h. . . . h. . . brook ancient demesne . & patl. . . it is resolved ; that ancient demesne is a good plea in a writ of wast , upon the statutes of wast , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament . hath this observable note , it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of wast , and yet ancient demesne is not excepted ; and it is enacted . ed. . cap. . that fines and proclamations shall be in chester , for the former statutes did not extend to it : and it is enacted , that a fine and proclamation shall be in lancaster . . & . ed. . c. . and in a proclamation upon an e●igent is given by the statute in chester , and wales , e. . c. . and by another act to lancaster . . & . e. . c. . and the statute of justices of peace extented not to wales , and the county palatine ; and therefore an act was made for wales and chester , . h. . c. . who had knights and burgesses appointed by that parliament , for that and future parliaments , by act of parliament , . hen. . cap. . since which they have continued , their wages being to be levyed by the statute of . h. . c. . now , if acts of parliament bound not wales and counties palatines , which had anciently no knights nor burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this heavy tax , and illegal act , , or those of . to bind those knights , citizens and burgesses , or the counties , cities and burroughs they represent , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , orders , commands , or connivance at least , of those now sitting , who imposed these taxes , and passed these strange acts , as the recited lawbooks , and the later clauses in all writs for electing knights and burgesses resolve , much lesse to oblige scotland & ireland , who have * parliaments of their own , and have , yea ought to have no members sitting for them in the english parliaments , who seldom or never imposed taxes on scotland or ireland heretofore , whose taxes were only imposed by their own parliaments , as is evident by claus. e. . m. . & claus. e. . m. . my plea for the lords , p. , , r. f. , . brook parliament . h. . f. . fitz. prescription . and brook prescription . they being not so much as a parliament of england , much lesse of scotland & ireland , ( as they stile themselves ) and having no authority by their writs of elections and indentures , to treat or consult of any businesses , but only such as touch and concern the kingdom of england , not the kingdoms of scotland and ireland , not mentioned in the writs or indentures of their elections : especially , because those taxes , are thus imposed by them for the support and continuance of those officers and that army , who trayterously seised and secluded the members from the house , and yet detain some of them prisoners , against all law and justice , and have oft secluded them since : and because the secluded members are the far major part ( above six times as many as those that sate and shut them out by force ) and would no waies have consented to these illegal taxes , or the undue manner of imposing them , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisoned and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to these acts or taxes , ( both of them being forced thence by the army , and sitting members , and one of them now dead , and the other excluded ) i conceive neither my self nor the countie where i live , nor the borough for which i served , nor the people of these kingdoms , in the least measure bound by these acts or taxes , but clearly exempted from them , and obliged with all our might and power effectually to oppose them . if any here object , that by the custome of parliament , forty members onely are sufficient to make a commons house of parliament , and there were at least so many present when this tax was imposed : therefore it is valid , obligatory both to the secluded members and the kingdome . i answer : first , that though regularly it be true , that forty members are sufficient to make a commons house to begin praiers , & businesses of lesser moment , in the beginning of the day , till the other members come , and the house be full ; yet . were never in any parliament reputed a competent number to grant subsidies , taxes , passe or read bills , or debate or conclude matters of greatest moment ; which by the constant rules , and usage of parliament , were never debated , concluded , passed , but in a free and sull house , when all or most of the members were present , as the parliament rolls , journals , modus tenendi parliamentum , sir edward cooks institutes , p. . . . . . cromptons jurisdiction of courts , f. . &c. . e. . . brook parliament . . jac. c. . and the many records i have cited to this purpose in my levellers ievelled , my plea for the lords , and memento p. . the exact abridgement of the records in the tower , p. . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . abundantly prove beyond contradiction ; for which cause the members ought to be fined , and lose their wages , if absent without special licence , as modus tenendi parliamentum , r. . par. . c. . . h. . c. . and a collection of all orders , &c. of the late parliament , p. . . with the frequent summoning and fining absent members evidence . secondly , though forty members onely may peradventure make an house in case of absolute necessity , when the rest through sickness , and publick or private occasions : are voluntarily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members never yet made a commons house by custome of parliament ( there being never any such case till now ) when the rest ( being above four times their number ) were forcibly secluded or driven thence by an army raised to defend them , through the practice , connivance or command of those forty or fifty sitting , of purpose that they should not over nor counter-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a law , custome or president ( not to be found in any age ) all they pretend is nothing to purpose , or the present case . ly . the visible horrid , armed force upon both houses of parliament , suppressing and secluding the whole house of peers , a against their undoubted hereditary and most ancient right to sit and vote in all parliaments of england , ratified by the first act made this parliament , car. c. . and the act for the continuance thereof , car. c. . by pretext whereof the members now sit ; their forcible seclusion of the far greatest part of the house of commons onely for their vote of dec. . . to settle the peace of the kingdoms , after a long-lasting intestine war , upon most safe and honourable terms , by the army raised for their defence to sit and vote in safety ; as it totally subverts all the rights , priviledges , and constitution of our parliaments , so it utterly nalls all their votes , orders , ordinances , taxes , and impositions whatsoever to all intents ; as i shall evidence beyond contradiction . . by b the declaration of william lenthal esquire , speaker of the honourable house of commons , printed july . . by his direction then ; and rising up in judgement gainst him and all his sitting conventicles , ever since the forcible exclusion of the most of their fellow-members , and the lords , by their expresse order and confederacy . a declaration of william lenthall esquire , speaker of the honorable house of commons . although it may happily be contrary to the expectation of some , that i attend not the service of the house of commons at this time , as i have constantly done for . years last . past , yet can it not be reasonably expected by any that well consider the violence offered to both houses of parl. and to my self in particular on monday last ; insomuch that i can safely take it upon my conscience , and so i doubt not may all the members of both houses also , they sate in continual fear of their lives , and by terrour thereof , were compelled to passe such votes as it pleased an unruly multitude to force upon them ; which as i did then openly declare in the house , so i cannot but believe , that they are all void , and null , being extorted by force and violence , and in that manner that they were ; and i cannot any longer dispence with my self to be an instrument in passing such votes , or to give any colour or shadow of parliamentary authority unto them , which are not the votes of the representative body of the kingdom , but of a tumultuous multitude ; as those must needs be accompted , that seemed to passe the house on monday last , and which shall passe hereafter , untill better provision be made for the safe and free sitting of the houses of parliament ; there being no effectual * course taken by the city since the last adjournment of the houses , to prevent the like tumults for the future , no nor so much as a declaration from them to shew their dislike thereof . but on the contrary , it is generally voyced in the town , that there will be a far greater confluence of apprentices , reformadoes , and others , on friday at the parliaments doors ; and particularly notice was given to me that after they had made the house vote what they please , they would destroy me . i had likewise information given me , that there would be a great number of apprentices of a contrary opinion and affections to the other , about the parliament doors on friday morning , which i fore-saw must of necessity cause a great combustion , and in probability occasion much blood-shed ; the preventing of which mischiefs , together with the considerations aforesaid , have weighed more with me than any thing which may concern my particular , and especially having served the house faithfully and diligently for the space of very near seven years , in a true and parliamentary way of proceedings , that i might not now be made a servant to such a multitude to transfer upon them the colour of parliamentary authority , there withall to abuse and deceive the minds , and to destroy the lives , liberties , and estates of the people of this kingdom ; and having taken a solemn protestation & covenant in my place and calling , to maintain the privileges of parliament , and the rights and liberties of the subjects , i could not now satisfie my self , but by absenting my self at this time , rather than by my presence to give any shadow or countenance of the authority of parliament to such apparent violations thereof . neither can the omission of a circumstance , or some formality in the adjournments of the house , ( when through force and violence it cannot meet and sit in any sort as a parliament ) be any prejudice to the future meetings and proceedings thereof , when it may meet and sit again as a free parliament , it being well known , that nothing can dissolve this parliament but an act of parliament . when a company of apprentices , reformadoes and others , shall call the ordinances of parliament , pretended ordinances ; shall lock the doors of the houses upon them , shall swear , not to let them out till they had passed what they pleased concerning the militia of london , and other things , ( though the houses had immediately before voted otherwise , ) shall threaten the houses in case they did not instantly satisfie their demands ; shall knock , whoot , and hollow continually at the parliament door , that the members could not be heard to speak or debate ; & after that the house of commons had passed a vote concerning the militia of london , and that the speaker by the vote had judged the major part to be for the negative , shall not suffer the house to be divided , but in a thr eatning way require those that gave their votes againstth em , to corne out to them if they would ; when after the house was adjourned , they shall by main force thrust back the speaker again into the house , and force the members in their presence and sight ( divers of them thrusting into the house ) to vote what they demanded : when they shall justle pull and hale the speaker all the way he went down to his cosch , and force him to avoid their violence to betake himself to the next coach he could get into , for refuge : when they shall breath forth bloody threats against the members as they came out of the house , and since against me in particular at the next meeting of the house ( as i am credibly informed ) and where there is no appearance , but that they will continue to do as formerly they have done , or far worse on friday , i couldnot in discharge of my trust , protestation and covenant , sit in the chair of the house of commons whilst it shall be iu such a condition : but so soon as it may sit again in freedome and safety , i shall be ready to attend she service thereof ; but till then , as i have upon the forementioned grounds , fully satisfied my own conscience , so i doubt not but i shall give the whole kingdome ( whose interest is most concerned in it ) ample satisfaction in the necessity of my absence . william lenthall , speaker , ly . by the engagement of those lords and commons that went to the army after the apprentices transitory forc● , upon the army-officers invitation ) who subscribed their names thereto , with some others who continued sitting in the houses . die mercurii quarto augusti . we the members of both houses of parliament who absent our selves from the service of the parliament , by reason of the force and violence offered thereunto , by a tumultuous multitude ; having received from his excellency , sir thomas fairfax , a declaration , entituled , a declaration of his exceliency sir thomas fairfax , and his councel of war , on the behalf of themselves and the whole army , shewing the grounds of their present advance towards the city of london ; and having perused the same , we look upon it as a declaration full of truth , the matter of fact being well known unto most of us , who have been ey and ear witnesses thereof ; full of christian , noble , and publick affection to the good , peace and prosperity of the kingdome , and full of integrity and faithfulnesse to the tru● interest of the english nation ; and full of undaunted and generous resolutions to assert the honour and freedome of the parliament , and effectually to vindicate it from the force and violence , whereby it hath been of late trampled under the foot of a rabble of people , unto which force it is still exposed , so as it may be exercised upon them at pleasure : and whilest the parliament remains in such a condition , although it be not dissolvable but by act of parl yet it is suspended from acting as a parliament in all these things , and generally throughout , our sense so fully agreeth with what is expressed in that dcelaration of the army , that we cannot but receive it with much approbation , and also with great thankfulness to god in the first place , and next under him , to this ever faithfull army , for that tender sense expressed therein of our honour and security , who absent our selves from the parliament in regard of that force : and for that high eugagem . of the armie to live & dy with us in this cause . whereupon we cannot but mutually engage our selves , as hereby we do , to live & die with sir the . fairfax and the army , in the vindication of the honour and freedome of the parliament : and we cannot but observe the special providence of god in holding up so extraordinarily this army , & reserving it to take off the scorn of this nation , and to raise up again from the depth of contempt , that once so much honoured , and high esteemed name of a parliament . and whereas in the said declaration , it is desired , that we as persons upon whom their publick trust still remaineth , ( though for the present we cannot exercise the same in a parliamentory way ) would advise his excellency and his councel os wa● in such things as may be for the good of the kingdome ; and for the attaining the ends aforesaid ; we do declare , that we shall be ●ver ready to do it upon all occasions , in such a capacity as we may , till we shall be enabled to discharge our trust in a free parliament , which we conceive we can never do , until the houses of parliament may be absolute judges , and masters of their own securities , and such trayterous , audacious offenders , as have endevoured with so high a hand to destroy the highest authority ( as by the particulars so fully & clearly expressed in the declaration of the army may appear ) shal receive condigne punishment , or at least the parliament put in such a condition , as that they may be able to bring them thereunto : and we trust in god , through his accustomed blessing up●n this army and their assistants , in their honest and just undertakings , the parliament shall speedily be put into a condition to sit like a parl. of england ; and we hope , that every true hearted englishman will put his helping hand to so necessary , so publick , and so honourable a work , as is the vindicating the freedom and honour of parliament , wherein the freedome and honour of all the free born people of this nation are involved . manchester , speaker of the house of peers . * sarisbury denbigh northumberland gray of wark mulgrave kent howard say and seal . william lenthal speaker of the house of commons . lord lisle tho. gray will. pierpoint henry mildmay nathaniel fiennes john fiennes arthur haslerigg william armyn james temple edm. prideaux miles corbet john danvers francis allin john evelin george fleetwood george fennick john blackstone tho. scot tho. scot major roger hill henry martin cornelius holland oliver saint-johns william lemmon william mounson humphry edwards john weaver john corbett thomas lister henry smith nich. love francis pierpoint henry lawrence tho. ougain godfrey boswell henry darley tho. boon peter temple philip smith michael livesey henry hamond gregory norton thomas jarvice william constable william say edward ludlow edward dunce john bingham augustine skinner john trenchard sam. mayn benjamine weston francis thurnow . rowland wilson laurence whitacr● john crowder george piggots john bamfield in all but . some or more of which sate in the house in the speakers absence , and went not to the army . of these , . are yet living , and sitting now and then , excluding the majority of the house by force , and voting them out ; . of them now living are secluded , who subscribed this engagement , the rest since dead . how these subscribers and secluders can look god or men in the face , or justify taxes , knacks and proceedings to be legal and parliamentary , whiles most of the members are kept out by force , after this their subscription and publication to the contrary , under their own hands , let themselves resolve . it will be also worth the enquiry , who was the pen-man and contriver of this engagement . whether it be not more dangerous and treasonable in those members who have since confederated with the army to seclude the lords house , and their own members , than that engagement of the citizens , which the subfcribers hereof voted to be treasonable ? and whether it makes not these sitting members who subscribed it , pre-ingaged parties , and incompetent judges of the secluded , ejected , and imprisoned members , who continued sitting in the house , according to their trust and duty ; and of the accused and imprisoned citizens , who did but defend the parliament then sitting , according to their own votes , ordinances , covenant , and their duty ? ly . by sir thomas fairfax letter to the right honourable the lord maior , aldermen , and common-council of the city of london . my lord and gentlemen , you may please to remember the former complyance of this army with your desires , to remove to this distance , and that upon the assurance you gave them of your concurrence with their declared desires , for the setling the liberty and peace of the kingdom , ( against which you never yet offered us one exception , or anie ground of dissent ) as also of your great tendernesse and resolution to secure the parliament and their privileges , from any violence or attempt ; the reason given us of your late listing of new forces , and wherein we did most acquiesce . that upon this confidence we had disposed the armie into several parts of the kingdom ; for the ease of the whole , to above . miles distance : we had given up our selves to the effecting of such proposals as might tend to the comfortable settlement of this poor kingdom , and a hopefull way for the speedy relief of ireland . we cannot then but be deeply sensible of the unparalleld violation acted upon the parliament , upon mondy last , by a rude multitude from your city , because therein , the guards sent from the city did not only neglect their duty for the security of the parliament from such violence , and the whole citie to yield anie relief to the houses in that extremity , but i am assured from eye and ear-witnesses , that divers of the common-council gave great encouragement to it , which doth not only gain-say your former professions , but doth violence to those many obligations that ( by your charter , protestation , and sundry other waies ) lye upon you to protect the parliament . for my part , i cannot but look on your selves ( who are in authoritie ) as accountable to the kingdom , for your present interruptions of that hopefull way of peace and settlement , things were in for this nation , and of relieving ireland , occasioned by the late treasonable and destructive engagement : especially the lately prodigious and horrid force done upon the parliament , tending to dissolve all government ; upon which score , we and the whole kingdom shall have cause to put every thing of the like nature that may happen to the parliament , or to any who are friends to them , and this armie , except by your wisdom , care , and industry , the chief actors may be detected , secured and given up to the procuring of justice for the same , and the best endeavors used to prevent the like for the future . and so i rest , your most assured friend to serve you , tho. fairfax . bedford , july , . ly by a declaration of sir tho. fairfax , * and his council of war , august . . concerning the apprentices force upon the houses ; wherein are these observable passages , monday july the six and twentieth , the common-council of the city presents their petitions to both houses for changing the militia , whereon the house of lords refuse to alter their resolutions ; the house of commons answered , they would take it into consideration the next morning . notwithstanding which , the city and kingdome cannot be ignorant with what rage and insolency the tumult of apprentices , the same day forced both houses . they ( ) blockt up their doors , swearing , they would keep them in , till they had passed what votes they pleased ; they threatned the houses , if they granted not their desires , knocking , whooting , and hallowing so at the parliament-doors , that many times the members could not be heard to speak or debate , not suffering the house of commons to divide for determining such questions , as w●●e put , crying out , that those that gave their votes against them , should be sent out to them ; very often and loudly saying . agree , agree , dispatch , we 'l stay no longer ; and in this outragious manner , they continued at the house door above eight hours together , the city-guards there present nor the city relieving them ; by reason whereof the house was forced to vote what that rude multitude would demand , and then adjourned the house till the next morning ; after which the house rising , the speaker and many members going out of the house , they ( ) forc'd them back again into the house : many of the apprentices pressing in with them , where they stood with their hats on their heads , and compelled the speaker to take the chair , and the house to vote in their presence what they pleased ; committing many other insolencies , as is published by the speaker of the house of commons in his declaration , and is too well known by all then present ; and during the time of this execrable violence done by the said apprentices , westminster hall and the palace yard was fill'd with reformadoes , and other ill-affected persons designed to back them : after this the houses being adjourned till friday following , upon the thursday , the apprentices printed and posted a paper in several places of the city , requiring all their fellows to be early at the parliament the next morning , for that they intended to adjourn by seven of the clock , and that for a moneth . thus the speakrs with many of the members of both houses were driven away from the parliament . these things being seriously considered by us , we have thought fit in the name of the army to declare , that all such members of either house of parliament as are already with the army for the security of their persons , and for the ends aforesaid , are forced to absent themselves from westminster , that we shall hold and esteem them as persons in whom the publick trust of the kingdom is still remaining , though they cannot for the present sit as a parliament with freedom and safety at westminster , and by whose advice and counsels , we desire to govern our selves , in the managing these weighty affairs ; and to that end we * invite them to make repair to this army , to joyn with us in this great cause , we being resolved , and do hereby faithfully oblige our selves to stand by them therein , and to live and die with them against all opposition whatsoever . and in particular , we do hold our selves bound to own that honorable act of the speaker of the house of commons , who upon the grounds he himself expressed in his declaration sent unto us , hath actually withdrawn himself ; and hereupon we do further ingage to use our utmost & speedy endeavours , that he and those members of either house , that are thus inforced away from their attendance at westminster , may with freedom and security sit there , and again discharge their trust , as a free and a legal parliament : and in the mean time we do declare against that late choice of a new speaker by some gentlemen at westminster , as contrary to all right reason , law , and custom ; and we professs our selves to be most clearly satisfied in all our judgements , and are also confident the kingdom will herein concur with us , that as things now stand , there is no free nor legal parliament sitting , being through the aforesaid violence at present suspended : and that the drders , votes , or resolutions , forced from the houses on monday the . of july last , as also all such as shall passe in this assembly of some few lords and gentlemen at westminster , under what pretence and colour soever , are unto and null , and ought hot to be submitted unto by the free-born subjects of england . and that we may prevent that slavery designed upon us and the nation , that the kingdom may be restored to a happy state of a visible government , now eclipsed and darkened ; we hold our selves bound by our duty to god and the kingdom , to bring to condign punishment the authors and promoters of that * unparalleld violence done to the parliament ; and in that to all the free-born subjects of england , that are or hereafter shall be ; and therefore we are resolved to march up towards london , where we do expect , that the well-affected people of that city will deliver up unto us ( or otherwise put into safe custody , so as they may be reserved to a legal trial ) the eleven impeached members that have again thrust themselves into the management of publick affairs , by this wicked design . and that all others will give us such assistance therein , that the members of both houses may receive due incouragement to return to westminster , there to sit with all freedom , and so to perform their trust , as shall condues to the settlement of this distracted kingdom ; and to inflict such punishments upon these late offenders , as shall deter any for the future to make the like attempt . our lives have not been dear unto us for the publick good , and being now resolved by the assistance of god , to bring these delinquents to their deserved punishments , as that , than which , there cannot be any thing of more publick concernment to the kingdom , we trust ( if it shall come to that ) our bloud shall not be accounted too dear a price for the accomplishment of it . and if any in the city will ingage themselves against us to protect these persons , and so put the kingdom again into a new and miserable war , the bloud must be laid to the account of such persons , as are the authors thereof . it is our chief aim to settle peace with truth and righteousnesse throughout the kingdom , that none may be oppressed in his just freedom and liberties , much lesse the parliament it self : which things being duly setled , we shall be as ready also to assure unto the king his just rights and authority , as any that pretend it never so much , for the better upholding of an ill cause , and the countenance of tumultuous violence against the parliament : the which our honest , just , and necessary undertakings , as we are resolved to pursue with the utmost hazzard of our lives and fortunes , so we doubt not , but we shall find gods accustomed goodnesse and assistance with us therein , till we have brought them to a good and happy conclusion , for this poor distracted & languishing kingdom . ly . by the ordinance of both houses , eagerly promoted by all the fugitive members engaging with the army , and now sitting , as well as others remaining , who condemned and passed votes against the apprentiees tumult during their absence , and never countenanced it in the least degree , as * some scandalously , and falsly suggest . die veneris , aug. . an ordinance for declaring all votes , orders , and ordinances passed in one or both houses since the force on both houses , july . until the . of this present august . to be null and voyd . whereas there was a visible , horrid , insolent and actual force upon the parliament on monday the . of july last : whereupon the speakers and * many members of both houses of parliament , were forced to absent themselves from the service of the parliament ; and whereas those members of the house , could not return to sit in safety , before friday the . of august . it is therefore declared by the lords and commons in parliament assembled , that the ordinance of monday the said . of july , for the repealing and making void of the ordinance of the . of the said july , for the setling of the militia of the city of london , being gained by force and violence ; and all votes , orders , ordinances , passed in either or both houses of parliament , since the said ordinance of the . of july , to the said . of aug. * are null and void , and were so at the making thereof , & are hereby declared so to be , the parliament being under a force and not free . provided alwaies , and be it ordained , that no person or persons shall be impeached for his or their actions by , or upon , or according to the foresaid votes , orders or ordinances , unlesse he or they shall be found guilty of contriving , acting or abetting the aforesaid visible or actual force ; or being present at , or hearing of the said force , did afterwards act upon the votes so forced , &c. john brown cler. parliamentorum . this force mentioned in all these . declarations , engagements , and protests against it , by the army-officers , & fugitive members , was far inferior and no waies comparable to the force upon the secured and secluded members , but far inferior thereto in these respects . . that force was only by a few unarmed tumultuous london apprentices , who had neither sword , nor musquet , nor pike , nor stick in their hands ; this upon the secluded members , was by whole regiments , troops , companies of horse and foot , armed with swords , musquets , pikes , pistols . . that force was upon this account ; only to presse the houses to repeal an ordinance surreptitiously procured to settle the militia of london , without their privities , to the disservice of the city and parliament , passed but . daies before : theirs to prevent a settlement of the peace of the kingdom , upon our vote touching the kings answer to the propositions of both houses , for the publick peace , safety , and honour of the parliament , and three kingdoms . . their tumult and force lasted but a few houres , and part of one day , and then vanished : that secluding and securing the members , continued sundry years , and ever since the junctoes two last sittings till this present . . that force neither secluded , nor secured , not drove away any one member from the houses during its continuance , but only kept them tumultuously in the house till the ordinance of july was repealed by them , and then vanished : this was purposely imployed to secure above . and seclude the majority of the members of the commons house , and whole house of peers by violence , against their privileges , trusts , and our laws ; and is still continued for that end . . that force caused some few eminent members , only to absent themselves from the houses , and repair to the army , . or . daies after the force was ended , upon the armies invitation , being the far lesser part of both houses ; this force secured , imprisoned and actually kept out and drove away . parts of . from the house , and that by practice and combination of some members of the house , to seclude the rest , lest they should over-vote them ; and since by their expresse orders and commands , kept out by armed guards for that end . . this force was by such who were never raised , commissioned , waged to preserve the houses and members from violence , that they might freely sit and vote without disturbance . this by souldiers , specially raised , commissioned , intrusted , paid to defend their persons and privileges , freely to sit and vote without interruption or seclusion . . that force was condemned , disowned , by all the members of both houses , as well those who remained sitting , or those who absented themselves . this justified , approved , commanded even by those now sitting , though they condemned it as treasonable and criminal , in these apprentices , and in cromwel , lambert , and other army-officers since , in their own cases . . this inconsiderable force , nulled and made void all votes , acts , ordinances passed not only during the continuance of this horrid actual , visible force upon the houses on july . but likewise from that day till the . of aug. only because those few members ( invited to the army ) were forced , as they affirmed , to absent themselves from the service of the parliament , and could not return to sit in safety before that day , though there was neither force nor guards during that space upon either house to deter or drive them thence . therfore upon all these considerations , the ordinance , made for this first tax of . ( and now for . l. a month ) during the forcible securing , secluding , of the whole house of peers , and majority of the commons house , must much more be null and void , and were so at the time of their making to all intents , the parl. and houses being under a more horrid insolent , visible and actual force , before and at the making of them , keeping out the major part of the members , than ever the apprentices , or any age were forme●ly guilty of ; and so no waies obliging the excluded lords , members , or any others whatsoever , our secluders themselves , and these their resolutions being judges , which do all justify the protestation , published in their names ( though not owned by them ) dec. . , . to be no j●st cause ●●t their ejection by the pretended ordinance of dec. . made by . lords , and . commoners only , whiles both houses were under the armies force , and so be null and void to all intents . fourthly , neither forty members , nor a whole house of commons were ever enough in any age , by the custom of parliament , or law of england , to impose a tax , or make any act of parliament , without the king and house of lords , as i have already proved , and largely and irrefragably evidenced , in my plea for the lords , and house of peers ; my levellers levelled ; the . and . part of my register and survey of parliamentary writs ; my true and perfect narrative ; and full declaration of the state of the case of the secluded members ; much lesse can they do it after they ceased to be members by the parliaments dissolution through the kings beheading ; neither were they ever invested with any legal power to seclude or expel any of their fellow members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or for voting against , or differing in their consciences and judgements from them ; nor for any other cause , without the kings and lords concurrence , ( in whom the ordinary judicial power of the parliament resides ) as i have undeniably proved by presidents and reasons in my plea for the lords , p. , to . and ardua regni , which is further evident by claus. dors. r. . m. . & mr. seldens titles of honour , p. . banneret camoys case , discharged from being knight of the shire by the kings writ and judgement alone , without the commons vote , because a peer of the realm ; the practice of expelling commons by their fellow commons only , being * a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructiue to the privileges and freedom of parliaments , and injurious to those counties , cities , boroughs , whose trustees are secluded ; the house of commons it selfbeing no court of justice to give either an oath or final sentence , and having no more authority to dismember their fellow-members , than any * judges , justices of the peace , or committees have to disjudge , dis-justice , or discommittee their fellow-judges , justices , or committee-men , being all of equal authority , and made members ▪ only by the kings writ and peoples election , not by the houses , or other members votes ; who yet now presume both to make and unmake , seclude and recall , expel and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle , instead of an english parliament . therefore this objection , no waies invalids this first reason ; why i neither can , nor dare submit to this illegal tax in conscience , law , or prudence , which engage me to oppose it in all these respects . if any object , that true it is , the parliament by the common law and custom of the realm determines by the kings death ; but by the statute of caroli , c. . which enacts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues the parliament still in being , notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support this continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law , that every statute ought to be expounded according to the intent of those that made it , and the mischiefs is intended only to prevent , as is resolved in edw. . . edw. . . h. . , . plowd . com. fol. . and cooks . instit. p. , . now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death , ( no wayes intimated nor insinuated in any clause thereof , being a clear unavoidable dissolution of it to all intents , not provided for by this law ) but by any writ or proclamation of the king , by his regal power , without consent of both houses ; which i shall manifest by these reasons . first , from the principal occasion of making this act. the king ( as the commons in their * remonstrance of the state of the kingdom , decemb. complain ) had dissolved all former parliaments during his reign , without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear of preventing of the like dissolution , prorogation , or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only ground and occasion of this law ( not any fear or thoughts of its dissolution by the kings untimely death , then not so much as imagined , being before the wars or irish rebellion brake forth ) the king very healthy , not antient , and likely then to survive this parliament , and many others , in both houses judgement , as appears by the bill for triennial parliaments . this undenyable truth is expresly declared by the commons themselves in their foresaid remonstrance ; exact collection , p. , , , . compared together ; where in direct terms they affirm , the abrupt dissolution of this parliament is prevented by another bill , by which it is provided , it shall not be dissolved or adjourned without the consent of both houses : in the bill for continuance of this present parliament , there seems to be some restraint of the royal power in dissolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessarie for the kings own security , and the publick peace , that without it we could not have undertaken any of these great charges , but must have left both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act : that its scope and intention , was only to provide against the kings abrupt dissolution of the parliament by his mere royal power , in suspending the execution of it for this time and occasion only , and that for the kings own security , ( not his heirs and successors ) as well as his peoples peace and safety . therefore not against any dissolution of it by his natural ( much lesse his violent ) death ; which can no waies be interpreted , an act of his royal power , ( which they then intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : ) but a natural impotency , or unnatural disloyalty , which not only suspends the kings power for a time , but utterly destroys and takes away him and it without hopes of revival for ever . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolution of this present parliament ) intimates as much , compared with the body of it , which provides , as well against the adjourning and proroguing of both or either houses without an act of parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or prorogued in any way or sense , much lesse untimely , merely by the kings death , ( which never adjourned or prorogued any parliament ) but only by his proclamation , writ , or royal command , to the houses or their speakers , executed during his life , as all our journals , ¶ parliaments rolls and * lawbooks resolve , though it may be dissolved by his death , as well as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning proroguing and dissolving this parliament together , without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative waies and means by which parliaments had been untimely adjourned and prorogued as well as dissolved by the kings mere will without their assents ; not of a dissolution of it by the kings death , which never adjourned nor prorogued anie parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the death of king hen : the th . and king james , the only parliaments we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by this act . thirdly , the prologue of the act implies as much ; whereas great sums of mony must of necessity be speedilie advanced and procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts , &c. and for supplie of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , untill such obstacles be first removed , which are occasioned by fears , iealousies and apprehensions of divers of his majesties royal subjects , that the parliament may be adjourned , prorogued or dissolved ( not by the kings sodain or untimelie death , of which there was then no fear , jealousie or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill counsellors ) before justice shall be duly executed upon delinquents , ( then in being , not sprung up since ) publique grievances ( then complained of , not others introduced since this act , ) redressed ; a firm peace betwixt the two kingdoms of england and scotland concluded , and before sufficient provisions be made for the repayment of the said monies ( not others since borrowed ) so to be raised : all which the commons in this present parliament assembled having duly considered , do therefore humbly beseech your majestie , that it may be declared and enacted , &c. all which expressions , related to his late majestie onlie , not to his heirs and successors ; and the principal scope of this act , being to gain present credit to raise monies to disband the scotish and english armies then lying upon the kingdom , manie years since accomplished ; yea justice being since executed upon strafford , canterbury , and other delinquents then impeached ; the publick grievances they complained of ( as the star-chamber , high-commission , ship-mony , tonnage and poundage , fines for knighthood , bishops votes in parliament , with their courts and jurisdictions , and the like ) redressed by acts soon after passed , & a firm peace between both nations concluded before the wars began ; and this preamble's pretensions for this act all fullie satisfied divers years before the kings beheading : it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease : especially after the ends for which it was made were all fully accomplished : and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that this present parliament , now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance thereof , be prorogued or adjourned , unless it be by act of parliament , to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . and in like manner that the house of commons shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . whence it is undeniable , . that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliament then assembled , and no other . . that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . . that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament , could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament , in their * remonstrance of the . of may . oft in terminis acknowledge , together with his negative voyce to bills . ly . that it was neither the kings intention in passing this act to shut himself out of parliament , or create both or either house a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} c. . p. . nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him ; as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act , to set up a parliament only of commons ( much lesse of a remnant of a commons house selected by colonel pride , and his confederates of the army to serve their turns , and vote what they prescribed ) without either king or house of peers ; much lesse to give them any super-transcendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or assent , against which so great usurpation , and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth , ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded , or suspended from sitting or voting , which is greater , and that by their inferiours in all kinds , a fragment of the commons house , who can pretend no colour of jurisdiction over them , before whom they alwaies stood bare-headed , like so many grand-jury-men before the judges , and attended at their doors and bar to know their pleasures : ) unlesse it be by themselves , or by their own order . . that neither the king , lords nor commons intended to set up a perpetual parliament , and intail it upon them , their heirs or successors for ever , by this act , which would cross and repeal the act for triennial parliaments made at the same time , and on the same * day in law ; but to make provision only against the untimely dissolving of this , till the things mentioned in the preamble were accomplished and setled ; as the preamble , and these oft repeated words , any time or times during the continuance of this present parliament , concludes ; and that during his majesties reign and life , not after his death ; as these words , coupled with the relief of his majesties army and people ; and for supply of his majesties present and urgent occasions in the preamble , manifest . therefore , this act can no waies continue it a parliament after the kings beheading ; much lesse after the forcible exclusion both of the king and lords house , and majority of the commons out of parliament by those now sitting , contrary to the very letter and provision of this act ; by which device the king alone , had he conquered and cut off , or secluded by his forces the lords and commons houses from sitting , might with much more colour have made himself an absolute parliament , to impose what taxes and laws he pleased , on the people ; without lords or commons , or any . of the commons house , or any . or . lords concurring with him , secluding all the rest by armed power , make themselves an absolute standing parliament , for him , his heirs and successors , by vertue of this act , than those few commons sitting since his tryal & death do , or can do . . the last clause of this act ; and that all and every ●●ing or things whatsoever done , or to be done , ( to wit , by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect . now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly stiled , a thing done , or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly void and of none effect , by restoring him to his life again . therefore the dissolution of the parl. by the kings death , is cleerly out of the words and intentions of this act , especially so many years after its enacting . . this present parl. & every member thereof , being specially summoned by the kings writ , by the particular name of carolvs rex , not rex in general , only to be his parliament and council , and to confer personally with him , of the great and urgent affairs concerning him and his kingdom , not his heirs and successors ; and these writs , and the elections upon them , returned unto him and his court by indentures , and the persons summoned and chosen by vertue of them , appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absurdity and absolute impossibility to assert , that the king , or both houses , intended by this act , to continue this parliament in being after the kings beheading or death : unlesse they that maintain this paradox , be able to inform me and those now sitting , how they can confer and advice with a dead beheaded king , of things concerning him and his kingdom ; and that even after they have abjured his heirs and successors , and royal line , and extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and council , whose head they have cut off ; and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne , to represent his person ; neither of which they dare to do , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments actual and legal dissolution by it , must needs be illegal , and meerly void in law to all intents ; because not granted nor imposed in , but totally out of parliament , by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , than any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority , by this president , to tax the kingdom or any county what they please , ( yea the whole . kingdoms of england , scotland , and ireland , as they now presume ) and then levy it by an army or force of armes , to the peoples infinite , endlesse oppression and undoing . this is my first and principal exception against the legality of this tax , and others they shall impose , which i desire the imposers and levyers of it most seriously to consider , and challenge them all to answer if they can , for our . kingdoms present , and posterities satisfaction , by other arguments than imprisonments , close imprisonments , pistols , swords , and armed violence , and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the th . of february , . have protested to the whole kingdom : that they are fully resolved to maintain , and shall and will uphold , preserve , and keep the fundamental laws of this nation , for , and concerning the preservation of the lives , properties and liberties of the people , with all things incident thereunto : which how it will stand with the former , and this new tax imposed by them out of parliament , or in a thin house under force , or their act concerning new treasons ; i desire they would satisfie the kingdom , before they levy the one , or proceed upon the other against any of their fellow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated martii , . engage themselves : . to procure the well-being of those whom they serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedom of the nation : and to prevent to their power , the reviving of tyranny , injustice , and all former evils ( the only end and duty of all their labours ) to the satisfaction of all concerned in it . . they charge the late king for exeeeding all his predeoeessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loans , unlawfull imprisonments , and othec oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpably broken by him , almost in every part of it , very soon after his solemn consent given unto it . his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet exacted by him expresly against law ; & punishment of many good patriots for not submitting to whatsoever he pleased to demand , though never so much in breach of the known law . the multitude of projects and mouopolies established by him . his design and charge to bring in german-horse , to awe us into slavery : and his hopes of compleating all by his grand project of ship-mony , to subject every mans estate to whatsoever proportion he pleaseth to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a thing of that strange impiety and unnaturalness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his own being a foreiner : neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same . as the kings coming in person to the house of commons to seise the five members , whither he was followed with some hundreds of unworthy debauched persons , armed with swords and pistols , and other arms ; and they attending at the door of the house , ready to execute whatsoever their leader should command them . the oppressions of the council-table , star-chamber , high-commission , court-martial , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not far exceeded now by sundry arbitrary committees and sub-committee , to name no others , in all manner of oppressions and injustice ) concluding thus : vpon all these and many other unparallel'd offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows ond orphans , and childless parents , and millions of persons undone by him , let all the world of indifferent men judge , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to iustice ? and much more the whole kingdom , and secluded lords and members , to bring you to publick justice ; since you not only imitate , but far exceed him in all and every of these , even by your own verdict . . themselves charge the king with profuse donations of salaries and pensions to such as were found , or might be made fit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal waies of draining the peoples purses . all which mischiefs and grievances they say will be prevented in their free state , though the quite contrarie way ; as appears by the late large donations of some thousands to mr. * henry martin , the lord lisle , commissary general ireton , cromwell , and others of their members and instruments , upon pretence of arrears , or service , and that out of the monies now imposed for the relief of ireland , and other publick taxes , customs , lands and revenues . and must we pay taxes to be thus prodigally given away and expended ? . they therein promise and engage , that the good old laws and customs of england , the badges of our freedom , ( the benefit whereof our ancestors enjoyed long before the conquest , and spent much of their blood to have confirmed by the great charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most just , free , and equal of any other laws in the world , shall be duly continued and maintained by them ; the liberty , property and peace of the subject being so fully preserbed by them , and the common interest of those whom they serve . and if those laws should be taken away , all industry must cease ; all misery , blood and confusion would follow , and greater calamities , then fell upon us by the late kings mis-government , would certainly involve all persons , under which they must inevitably perish . how well they have performed this part of their remonstrance , let their proceedings in their high courts of justice , the long imprisoments and close imprisonments of my self , and other their fellow-members , their acts for new treasons and delinquents , and ejecting their fellow-members and lords out of parliament , without the least impeachment , tryal , accusation , their imprisonment of sir robert pye , the kentish gentlemen , and others , for demanding a free parliament , fair and free elections , restitution of the secluded members , &c. determine . . they therein expresly promise , p. . to order the revenue in such away , that the publick charges may be defrayed , the souldiers pay justlie and duly setled , that free-quarter may be wholy taken away , and the people eased of their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes thus augmented , doubled , trebled , paid in near a year before hand , and then new and greater taxes imposed on them for those verie months they have paid in their old proportion before hand , beyond all presidents of tyranny and oppression in any age , and that by pretended acts made out of parliament , against all these good old laws and statutes , our liberties and properties , which these worse than aegyptian tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution and violation ? . that this very juncto , in their act ( as they stile it ) made and published , octob. . . intituled an act against the raising of monies upon the people , without their common consent in parliament ; enact and declare , that no person or persons , shall after the xi . of october , . assesse , levy , collect , gather or receive any customs imposts , excise , assesment , contribution , tax , tallage , or any sum or sums of mony , or other imposition whatsoever , upon the people or commonwealth , without their consent in parliament , or as by law might have been done before the . of november . and it is further enacted and declared , that every person offending contrary to this act , shall be , and is hereby adjudged guilty of high treason , and shall suffer and forfeit as in case of high treason . which * some of them have declared , to be the fundamental and old law of england , against which no by-law is to be made , and one of the main birth-rights of england . therefore themselves by assessing and imposing many former customs , imposts , excises , assesments and contributions on the people ; and this of one hundred thousand pounds a month , for . month jan. . . without common consent in parliament , when and whiles . of the greatest counties in england , and . shires in wales , . whole cities , and most boroughs in england , have not so much as one knight , citizen or burgess sitting with them to represent them , and . english counties no more but one knight , and but . counties , and . cities alone , and not above . or . boroughs their full numbers of knights , citizens and burgesses , sitting with them to represent them ; all the rest to the number of . members , besides the whole house of lords , being forcibly excluded or dead ; by the tenor of their own act and decl. are adjudged guilty of high treason , and ought to suffer and forfeit as in case of treason , and all those commissioners named in their act , amounting to above one thousand , and all assessors , collectors and treasurers under them , who shall assesse , levy , collect , gather or receive the same , shall incur the guilt of treason , and suffer and forfeit as in case of high treason ; and their real and personal estates , be confiscated to pay the publick debts , and souldiers arrears . . that this anti-parliamentary convention , in their late declaration of jan. . have published and declared to the world , that they are resolved to remain constane and immovable , that the people of these nations may be governed from time to time by representatives of parliament , chosen by themselves . that they should be governed by the laws , that all proceedings touching the laws , liberties and estates of the free-people of the commonwealth , shall be according to the laws of the land ; it being their principal care to provideagainst all arbitrarinesse in government . and that it is one of the greatest cares they have upon them , how to give the people that ease , from their present burthens , which their ( undone ) condicion calls for . which how well and faithfully they have performed , and not rather most notoriously violated , let the whole world , god , angels , men , determin , by their imposing a monthly tax of one hundred thousand pounds a month , for the . next months , they had paid and advanced before hand : by ordering gen. monk by a vote of their council of state , at whitehall ( afterwards ratisied by a vote , at westminster when executed ) the . of this instant february , to march with all his forces into the city of london , to seize and imprison . of their aldermen , and sundry of their common-council men in the tower , to pull down and destroy the gates and portcullesses of the city ; to discontinue , null and void the common-council of the city of london for this year , by ordering a bill for the choice of another common-council , with such qualifications as the juncto shall think fit ; which was accordingly executed , and then ratified and approved by their votes ; and by commanding him afterwards to demand the city arms , & to disarm them by force , if they deliver them not upon demands s and all because the common-council upon a petition of the citizens , and remonstrance of the gentlemen , ministers and freeholders of warwickshire , and other counties febr. . voted and resolved ; that no person or persons whatsoever , might impose any laws or taxes upon the city and citizens , untill the authority thereof be derived from their representatives in a full and free parliament . and all this without and before the least hearing or examination of the city and common-council : a tyranny , indignity , dishonour and ingratitude not to be paralleld , and never offered in any age to the city and citizens before by any of our kings , for the highest treasons against them , at least before hearing and convicti●● ; much lesse only for demanding and claiming the benefit of those fundamental laws and privileges , for whose defence they had so lately expended so many millions of treasure , and thousands of their lives , to defend them according to these their fresh declarations , and acts encouraging them thereunto ; ( and that after all their former obligations and indearments to the city upon all occasions , and the beheaded kings free confirmation of all their former charters , liberties , privileges , militia , and enlargements of the same , at the treaty in the isle of wight , notwithstanding their taking up armes against him in the parliaments defence ) may now justly irritate and engage the city of london , and all other cities , boroughs , corporations and counties of this realm , unanimously to oppose the present and all other taxes and excises whatsoever , imposed on them by these oppressors , and put their own act in vigorous execution against them , as the worst of tyrants , and invaders of their liberties . thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all , and consent of most now sitting , did in sundry ¶ romonstrances and declarations , published to the kingdom , not only tax the king and his evil counsellors , for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive war ; but likewise professed * that they were specially chosen and intrusted by the kingdom in parliament , and owned it as their duty to hazzard their own lives and estates , for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birth-rights , as well as the greatest subject . that every honest man , ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against will and power , which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which their ill counsel had brought upon the king and kingdom . ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes , for the maintenance of their laws and liberties : with many such like expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late secluded lords and members who have joyned in these remonstrances are engaged by them to second me , under pain of being adjudged unworthy for ever hereafter to sit in any parliament , or to be trusted by their counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictions and printed aspersions of the beheaded king , now verified as undeniable experimented truths by the antiparliamentary sitting juncto ; * that the maintenance of the laws , liberties , properties of the people , were but only gilded dissimulations , and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both laws , liberties and properties at last , and not any thing like them ; to introduce anarchy , democracy , parity , tyranny in the highest degree , and new forms of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs , and that they had obtained nothing by adhering to and complyance with them , but to enslave and undo themselves , and to be at last destroyed . which royal predictions many complain , and all experimentally ●ind too trulie verified by those who now bear rule , under the nam● and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members and lords , who above all others are obliged to disprove them by their actions , as well as declarations to the people , who regard not words but real performances from these new keepers of their liberties , especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation , and proclaim them the archest impostors under heaven ; and now again in their . session , after their two sodain and forcible dissolutions . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted void ; others of them elected by new illegal writs under a new kind of seal , without the kings authority , stile or seal , and that since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common-law or custom of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case , claus. dors. r. . m. . asserted by mr. selden in his titles of honor , part . c. . p. . seconded by sir edward cook in his . institut . p. , , , , , . and i have proved at large in my plea for the lords and house of peers , ) as i should admit these to be lawfull members , and their unlawfull void writs to be good in law ; so should i tacitly admit , & ex post facto assent to some particulars against my knowledge , judgement , conscience , oaths of supremacy , allegiance , p●otestation , and solemn league and covenant , taken in the presence of god himself , with a sincere heart and real intention to perform the same , and persevere therein all the dayes of my life , without suffering my self directly or indirectly , by whatsoever combination , perswasion or terror to be withdrawn therefrom . as first , that there may be and now is a lawfull parliament of england actually in being , and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords , or most of their fellow-commons : which the very consciences and judgements of all now sitting , that know any thing of parliaments , and the whole kingdom if they durst speak their knowledge , know and believe to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted , and packed by power of an army combining with them ) hath a just and lawfull authority to violate the privileges , rights , freedoms , customs , and alter the constitution of our parliaments themselves ; imprison , seclude , expel most of their fellow-members for voting according to their consciences ; to repeal what votes , ordinances and acts of parliament they please , erect new arbitrary courts of war and justice to arraign , condemn , execute the king himself , with the peers and commons of this realm by a new kind of martial law , contrary to magna carta , the petition of right , and law of the land : dis-inherit the kings posterity of the crown , extirpate monarchy , and the whole house of peers , change and subvert the antient government , seals , laws , writs , legal proceedings , courts , and coin of the kingdom ; sell and dispose of all the lands , revenues , jewels , goods of the crown , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their verie oath of allegiance , notwithstanding this expresse clause in it ( which i desire may be seriously and conscienciously considered by all who have sworn it ) i do believe and in conscience am resolved , that neither the pope , nor any person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authoritie to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary ; and to dispence with our protestations , solemn league and covenant so lately and * zealously urged and injoyned by both houses on members , officers , ministers , and all sorts of people throughout the realm ; to dispose of all the forts , ships , forces , offices and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they will from their offices , trusts , pensions , callings , at their pleasures , without any legal cause or trial : to make what new acts , laws , and reverse what old ones they think meet , to insnare , inthrall our consciences , estates , liberties , lives : to create new ▪ monstrous treasons never heard of in the world before ; and declare real treasons against king , kingdom , parliament , to be no treasons , and loyalty , allegiance , due obedience to our known laws , and consciencious observing of our oaths and covenants ( the breach whereof would render us actual traytors , and perjurious persons ) to be no lesse than high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons , lives to the gallows , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. . e. . c. . ed. . c. . ed. . c. . . e. . c. . e. . c. . ed. . c. . r. . c. . h. . c. . h. . rot. par. n. . e. . c. . mar. c. . the petition of right , caroli , the statutes made in the begining of the parliament , caroli c. , , , , , , . and laying all our * laws , liberties , estates , lives in the very dust , after so many bloody and costly years wars , to defend them against the kings and others invasions ) raise and keep up what forces they will by sea and land , impose what heavy taxes they please , and renew , increase multiply and perpetuate them on us , and on scotland and ireland too , which no english parliament ever did before , as often and as long as they please , to support their own encroached , more then regal , parliamental , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publick charge , against our wills , judgements , consciences , to our absolute enslaving , and our three kingdoms ruine , by engaging them one against another in new civil wars ; and exposing us for a prey to our forein enemies . all which , with other particulars , lately acted and avowed by the imposers of this tax , and sundry others since by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledge to be just and legal by my voluntary payment of it , on purpose to maintain an army , to justifie and make good all this by the meer power of the sword , which they can no waies justifie and defend by the laws of god or the realm , or the least colour of reason , justice , honesty , religion , conscience , before any tribunal of god or men , when legally arraigned , as they may one day be . neither of which i can or dare acknowledge , without incurring the guilt of most detestable perjury , and highest treason , against king , kingdom , parliament , laws and liberties of the people ; and therefore cannot yield to this assesment . thirdly , the principal ends and uses proposed in the pr●tended acts and warrants thereupon for payment of this tax , and other taxes since , are strong obligations to me , in point of coùscience , law , prudence , to withstand it ; which i shall particularly discusse the first is , the maintenante and continuance of the pr●sent army and forces in england under the lord fairfax , cromwell , and other commanders since . to which i say , first , as i shall with all readinesse , gratitude and due respect , acknowledge their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutifull and constant to their first engagements , and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their late monstrous defections , and dangerous apostacies from their primitive obedience , faithfulnesse , and engagements in disobeying the commands , and levying open war against both houses of parliament , keeping an horrid force upon them at their very doors ; seising , imprisoning , secluding , abusing , and forcing away their members , printing and publishing many high and treasonable declarations against the institution , privileges , members and proceedings of the late , and being of all futur● parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and dis-inheriting his posterity , usurping the regal , parliamental , magistratical , and ecclesiastical power of the kingdom to their general-council of officers of the army , and anti-parliamentary conventicles , as the supreme swaying authority of the kingdom , and attempting to alter and subvert the antient government , parliaments , laws , and customs of our realms . and upon serious consideration of the ordinary , unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times , * that the whole kingdom , with all our lands , houses , goods and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdom : that our very lives are at their mercy and courtesie : that when they have gotten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will seize upon our lands as their own , and turn us and our families out of doors : that there is now no law in england ( nor never was , if we believe their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law , nor prudence assent unto , much lesse contribute in the least degree , for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the privileges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about . months space under their martial , to my great expence and prejudice , and since that , close prisoner near . whole years in dunster , taunton and pendennis castles , and thrice forcibly excluded me and other members out of the house , may . and . and decemb. . . without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallel'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custody by the meer power of the sword , without bringing them to trial ) would be , not ●●ly absurd , unreasonable , and a tacit justification of this h●rrid violence , and breath of privilege , but monstrous , unnatural , perfidious , against my oath and covenant . . no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for the common good , and defence thereof against forein enemies , or domestique traytors and rebels , as is clear by the stat. of e. . c. . all acts for taxes , subsidi●s , tenths , aydes , tonnage and poundage , & cooks instit. p. . now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : . because the whole kingdom with scotland and ireland are generally exhausted by the late . years wars , plunders and heavy taxes ; there being more monies levyed on it by both sides , during these . last years , than in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . . in regard of the great decay of trade , the extraordinary dearth of cattel , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort ( eaten out by taxes and free-quarter ) being utterly unable to relieve them . to which i might adde , the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . . the heavie contributions to support the army , which destroy all trade , by fore-stalling , engrossing most of the monies of the kingdoms , and enhancing their prices , keeping many thousands of able men and horses idle , only like moths , and locusts to consume other labouring mens provisions , estates , and the publick treasure of the kingdoms , when as their employment in their trades and callings , might much advance trading , and enrich the kingdoms . . there is now no visible enemy in the field or elsewhere , and the fitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , to eat up the count●y with taxes and free-quarter , only to play , drink , whore , steal , rob , murther , quarrel , fight with , impeach and shoot one another to death as traytors , rebels , and enemies to the kingdom , and peoples liberties , as of late the levellers , and cromwellists did , ( when this was written ) and the lambardists and rumpists since , for want of other imployments , and this for the publick good , transcends my understanding . . when the king had two great armies in the field , and many garrisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons and foot , and had an establishment only of about fortie five thousand pounds a month for their pay , which both houses then thought sufficient , as is evident by their o ordinances of febr. . . and april . and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves , to disband and reduce all super-numeraries , maintain the established army and garrisons , and ease the country of all free-quarter ; which tax hath been constantly pain in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now enacted , beside the sixty for the army ) and this for the common good of the realm , and that the taxes since should be mounted to . thousand pounds each month and now again to one hundred thousand pounds for those . months , for which they have paid in . thousand pounds , . months since before hand ; only to murther our protestant brethren , and allies of scotland and holland , destroy and oppresse each other , and keep up an anti-parliamentary conventicle of tyrants and vsurpers , to undo , enslave and ruine our kingdoms , parliaments , and their privileges , against all their former oaths , protestations , declarations , covenants , is a riddle unto me , on rather , a mystery of iniquity ▪ for some mens private ●●●re , 〈…〉 than the publick weal . . the militias of every county ( for which there was so great contest in parliament with the late king ) and those persons of interest and estates in every shire or corporation who have been cordial to the parliament and kingdom heretofore , if put into a posture of defence , under gentlemen of quality , and known integrity , as they were under sectaries , quakers , and anabaptists of late , would be a far greater , safer , fitter guard to secure the kingdom & parliament against forein invasions , or domestick insurrections , than a mutinous mercenary army of sectaries , or persons and souldiers of no fortunes , and that with more general content , and the tenth part of that charge the kingdom is now at to maintain this army , & a costly militia besides , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying rheir pretended arrears : which i dare aver , the free-quarter they have formerly taken in kinde , and levied in money , if brought to a just account , as it ought , will double , if not treble most of their antient arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therfore there is a necessity for them to keep up the army , to prevent all dangers from abroad , and insurrections at home . i answer , . that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the three kingdoms till dooms-day . . if they be real members who make this objection , elected by the counties , cities and boroughs for which they serve , and deriving their parliamental authority only from the people , ( the * only new fountain of all power and authority , as themselves now dogmatize ) then they are but their servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , sidelitie , and estate , who both elected , intrusted and impowred them , and are their lords and masters , not slaves or vassals , yea the primitive and supreme power ; it is high time for their electors and masters , ( the people ) to revoke their authoritie , trusts , and call them to a speedie account for all their late exorbitant proceedings , in ejecting the majority of their faithfull fellow members , in whom the people most confided , and for their mispence of the kingdoms treasure ; and no longer to trust those with their purses , liberties , safetie , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercenary , indigent souldiers , than to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees , servants , and attorneys only they professe themselves , and who have greatest interest both in them and the kingdoms weal , and are those who must pay these mercinaries , if continued . . the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws , and privileges safeguard , which they have so oft invaded ; professing now , * that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves instead of froe-men : averring , all is theirs by conquest ( which is as much as the king and his cavaliers , or any forein enemy could or durst have affirmed , had they conquered us by battel : ) and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the mere support of the usurped power , authority , offices , wealth and absolute domination only of those generals , officers , junctoes , ( as we have found by sad experience ) who have exalted themselves for the present , above king , parliament , kingdoms , laws , liberties , and those who did entrust them , by the help of this trus●breaking army , who have * lost and stained all the glory of their former noble victories and heroick actions , by their late degenerate unworthy treacheries , practices , and a●e become a reproach to the profession of a souldier , the protestant religion , and the english nation in all christian kingdoms and churches . the second end of this heavy tax of april . . is the support and maintenance of the forces in ireland , for which there was only twenty thousand pounds a month formerly allowed , now mounted unto thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of e. . c. . e. . c. , . ed. . c. . ed. . c. . h. . c. . cooks . institutes , p. . and the protestation of all the commons of england in the parliaments of hen. . num . . and h. . num . . that no free-man of england ought to be compelled to go in person , or to pay any tax for or toward the maintenance of any forein war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the war in ireland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegal , and no waies obligatory to me , or any other . . most of the antient forces in ireland ( as the british army , scots and inchiqueen's , towards whose support the twenty thousand pounds a month was designed ) have been long since declared rebels , traytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army , and to be paid out of that establishment , there is no ground at all to augment , but to decrease this former monthly tax for ireland , over what it was before . . many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . . if the relief of ireland be now really intended , it is not upon the first , just and pious grounds , to preserve the protestant party there from the forces of the bloodie , popish , irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and * hold correspondence , and are now actually accorded with owen roe-oneal , and his party of bloudiest papists ( declaring for their new iesuitical common-wealth , and joyning with them in an offensive and defensive war , against the king and kingship : ) but to oppose the kings interest and title to that kingdom ( * setled on him , his heirs and successors for ever by an express act of parliament made in ireland , h. . c. . and by the statute of jac. c. . made in england , yet unrepealed , ) and the protestant remaining party there , adhering to , and proclaiming , acknowledging him for their soveraign ; lest his gaining of ireland should prove fatal to their usurped soveraigntie in england , or conduce to his enthroning here : and by what authority those now sitting can impose , or with what conscience any loyal subject who hath taken the oaths of supremacy , allegiance , and covenant , can voluntarily pay any contributions to deprive the king of his hereditary right , and undoubted title to the kingdoms and crowns of england and ireland , and alter the frame of the antient government and parliaments of our kingdoms , * remonstrated so often against by both houses , and adjudged high treason in canterburies and straffirds cases , for which they were beheaded ; and by themselves in the kings own case , ( whom they decolled likewise ) without incurring the guilt of perjury and danger of high treason , to the loss of his life and estate , by the very laws and statutes yet in force , transcends my understanding to conceive : wherefore i neither can , nor dare in conscience , law , or prudence , submit to this contribution . the d. end of this tax , ( and more particularly of this new tax of jan . . of one hundred thousand pound the month for months space , after a former tax levied before hand for the self-same months ) is the maintenance of the armies and navyes raised , and continued for the defence of the twice dissipated anti-parliamentarie conventicle , and their utopian common-wealth , and the necessary and urgent occasions thereof , now propounded and insisted on by the sitting members , as the only means of peace and settlement both in church and state : when as in truth it hath been , is and will be the onlie means of unsettlement , and new divisions , wars , oppressions , confusions in both , to their utter ruine and desolation if pursued . which i shall evidence beyond contradiction . . this project to metamorphoze our antient hereditary famous , flourishing kingdom into an helvetian and vtopian common-wealth , by popular tumults , rebellion , and a prevalent party in parliament , was originally contrived by father parsons , and other jesuites in spain in the year of our lord . recommended by them to the king of spain to pursue , and was principally to be effected by jesuites , to destroy and subvert our protestant monarchs , kingdoms , and subject them to the tyranny and vassallage of the jesuites , and spaniards , as you may read at large in william watson his quodlibets , printed . p. , , , , , , , , , , , , in his dialogue between a secular priest and a lay gentleman , printed at rhemes , . and in william clarke ( both secular priests ) his answer to father parsons libel , p. , , &c. ly . after this it was particularly and by name recommended by thomas campanella ( an italian monk , and arch-machivilian ) to the king of spain , in the year . as the principal means to sow the seeds of divisions and dissentions amongst the english themselves , and to engage england , scotland and ireland in inextricable wars against each other , to divert the english from the indies , and his plate fleet , and reduce them under his universal temporal and the popes spiritual monarchy at last ; as you may read at large in his book de monarchia hispanica , c. . now translated into english . ly . it was again set on foot and vigorously prosecuted by the jesuites and cardinal richelien of france , in the years , & . as you may read in my romes master-piece , and epistle to a seasonable legal and historical vindication , &c. of the good old fundamental liberties , laws , &c. of all english freemen , printed . and specially recommended to the french king , and cardinal mazarin his successor at his death , anno . vigorously to pursue , and accomplish by the civil wars raised between scotland and england , and the late king and parliament ; as a historia conte de galeazzo gualdo priorato , part . venotiis , . p. , . and was accordingly prosecuted by the spanish and french agents , and the jesuites and popish priests , and their seduced proselytes of the juncto and army , as i evidenced at large in my speech , dee . . . and the appendix to it ; my soresaid epistle , and true and perfect narrative , may . by evidences past all contradiction . ly . it is evident , that the jesuites , and jesuited papists in england , scotland and ireland , with all the b sectarian party of anabaptists , quakers enthisiasts , and sectaries of all sorts ( headed by disguised jesuites , monks , fryers , and popish priests ▪ ) have been the chiefest sticklers of all others for this new projected commonwealth against the king and monarchy , and the only means to extirpate our established protestant ministry , with their maintenance , tithes , glebes , and embroyl us in endless confusions and revolutions of governments , wars , distractions , till we be beggered , destroyed , and made a prey to our forein enemies . ly . the king of spain , was the first of all forein kings and states , who owned , cou●ted and ent●ed into a league of amity with our new common-wealth after the kings beheading , as a creature of his own , in opposition to our king and kingship , and engaged us in a war against the dutch , to make himself monarch over us both , according to campanella his advice , de monarchia hisp. c. , & . which our republicans punctuallie pursued from , till . almost to the ruine of us both , by the spaniards gold and policie . ly . that the french cardinal mazarin , and other popish kings and states , complyed and confederated with our republicans and late protectors , in opposition to our hereditary protestant king and kingship , purposely to ruine us and our religion at home , and the protestant churches abroad , engaged by their policies in unchristian wars against each other . ly . that we have all visibly seen and sensibly felt by twelve years wofull experiment , that this jesuitical project and chymera of a free-state and common-wealth , was propounded by the c army-officers , and the sitting juncto , as the only means of our present and future peace and settlement , both in nov. , , . and yet it hath proved ( as i then predicted in my speech and memento ) a perpetual seminarie of new wars , tumults , combustions , changes , revolutions of government , and governours , anti-parliamentarie conventicles , factions , schisms , sects , heresies , confusions , and endlesse taxes , oppressions , ataxies ever since ; both in church , state , court and camp , almost to our inevitable destruction ; and of necessity it will and must do so still . and is it not then a worse than bedlam follie and frenzie for our anti-parliamentarie juncto , swordmen , and republicans , to enforce and impose it on us by mere armed violence against our judgements , reasons , consciences , experiments , and compel us to maintain armies and navies by this new insupportable tax , to set up this romish babel , which hath been , is , and will be the most certain remora and obstacle of our peace and settlement , and most apparent jesuitical , romish , spanish engin , to create more and greater confusions , distractions than before , and effect our inevitable destruction both as men and protestants ? ly . that this pretence of erecting a common-wealth was first pretended by cromwell , and carried on with specious pretexts to blind the credulous people , onlie to make way for his own tyrannical and ambitious usurpation of a more than regal and monarchical power over our kingdoms , and settle it on himself and his posteritie in conclusion ; which he effected by degrees . and what intelligent person discerns not the self-same design now couched under it , in other ambitious grandees now in power , most eagerly crying up a free-state and common-wealth upon the same account ? ly . the anti-parliamentary , unchristian , atheistical , if not diabolical means , by which this utopian republick was at first endeavoured to be erected , established , and now again re-edified , must needs draw down the full vials of gods wrath and furie upon it , and all its projectors , and our . nations too , if they voluntarily submit unto it . it was first ushered in by ambitious , treacherous , perjurious , rebellious army-officers , seduced by romish emissaries , and their confederates in the commons house , forcibly secluding , securring , and ejecting the majoritie of their fellow-members , ( . parts of . at least ) only for their vote , to proceed to settle the peace of the kingdom , upon the kings concessions , after . years intestine wars : by the close imprisonment of sundry of them in remote castles for divers years without examination , hearing , or cause expressed ; by their suppressing & voting down the whole house of lords , without hearing or impeachment , over whom they had no jurisdiction : by murdering their protestant king in a strange court of highest injustice ; by exiling and disinheriting his royal issue , and right heir to the crown , to make way for their own usurpation of soveraign power ; by subverting the fundamental government of the kingdom , and the constitution , rights , privileges of english , scotish , irish parliaments , and their members : by seising upon , disposing and dissipating all the crown lands , revenues , customs , forts , forces , navies of our three kingdoms : by imprisoning , disinheriting , sequest●ing , exiling , destroying , murdering manie thousands of their protestant brethren and allyes of england , scotland , ireland , holland , merely for their loyalty and allegianee : by keeping a perpetual army to over-awe our . nations as conquered vassals , bond-slaves , and governing them by armed lust , tyrannie , militarie committees , high courts of justice , major generals , and fleying off their verie skins : by giving a boundlesse libertie to all religions , sects , heresies , blasphemies , jusque datum se●leri , &c. against all laws of god and man , the fundamental laws , statutes , liberties , franchises of the realm , the oaths of homage , fealty , supremacy , allegiance , the protestations , vows , solemn league and covenant , they had frequently taken themselves , and prescribed to others ; yea against many hundreds of votes , orders , ordinances , acts , declarations , remonstrances they had successively made and published to the world , and all sorts of civil and sacred obligations to god , their king , country , the trusts reposed in them by their indentures and commissions as members or souldiers , by exercising a more lawlesse tyranny , and boundlesse military power , than the worst of all our kings in any age : & exacting vaster sums of mony srō the exhausted people in lesse than . years space , than all our kings since the norman conquest . and it now carried on again ( after so many sodain , strange & admirable demonstrations of gods indignation against our new babel-builders and their posterities , by his various and successive providences beyond all human apprehensions ) by the self-same violent , exorbitant , unrighteous courses , unbeseeming englishmen or christians ; and now by re-excluding and ejecting all the old secured and secluded members by armed force and injurious votes , without accusation , hearing , crime or impeachment , against all rules of law , justice , and parliamentarie presidents , and of the whole house of lords , against the expresse letter of the act by which they pretend to fit : by bidding open defiance to the addresses and desires of the generality of the nobility , gentry , ministry , freeholders , commoners , citizens , burgesses of most counties , cities and boroughs of england , declaring for a free-parliament , or restitution of all the secluded members ; by imprisoning some * gentlemen & souldiers of quality , for delivering such addresses to their speaker ; by putting far higher affronts and force upon the city and common-council of london , after all their former obligations to them , than ever they received from the worst of our kings in any age , before the least hearing or legal conviction of them as delinquents ; by moving in the house , that all who have declared or made addresses for a free parliament , shall be disabled to elect or be elected members : by taking away the peoples freedoms of election , by prescribing new illegal qualifications ( against * all laws and statutes concerning elections and all forms of antient writs ) both for the persons electing and to be elected to recruit their empty house , of which themselves alone ( not the people ) will be the only judges before they shall be admitted when chosen : whereby they will ( like cromwell , and his council of state ) keep out any the people shall elect , that is not of their confederacy , and admit none but when and whom they please , to perpetuate the parliamentary power , and all places of trust and gain in themselves and their creatures . and because few or none but novices shall sit amongst them in parliamentarie affairs , ( whom they can easily over-reach and rule at their pleasure , being strangers to each other , and parliament proceedings ) they have voted out all the old secluded members ( though twice their number ) and disabled them to be new elected ; or if elected to be re-admitted , unless they will fully submit to the test of their new * qualifications and engagements . which will re-seclude all or most of them , if elected , and prove fatal to the peoples freedom in their elections , and to all parliaments and members in succeeding ages , if submitted to . for if a combined majority of the commons house , who have violated all their primitive oaths , trusts , protestations , covenants , remonstrances , declarations , and so * disabled , and disfranchised themselves from sitting any more as members , or the peoples trustees , may without any new election at all by the people , after their renuntiation and nulling of their first elections , by destroying , and engaging against , that regal power , by which they were first elected , and sitting only by power of the sword , without any qualifications prescribed to themselves ( which they impose on others , and would seclude most of them from being electors or elected members ) having gotten forcible possession of the commons house by armed tyranny and usurpation , after so many declarations , and bloody wars for the defence of the privileges , rights and members of parliament , shall be quietly permitted without any legal impeachment , hearing , tryal , or cause alleged ( but only for one just single vote , decemb. . . carryed in a full house after long debate , without any division ) forcibly to seclude and vote out the greatest part of their fellow-members of greatest integritie , interest , ability and faithfulness to the publick , against all rules of law , justice , and parliamentarie proceedings , and their electors wills ; and by new heterogeneal writs derived from another power , and varying in form , from those by which themselves were chosen , to enforce whole counties , cities , and boroughs to elect new knights , citizens and burgesses , to recruit their empty house , upon such pernicious qualifications and engagements as themselves prescribe both to the electors and members to be elected ; ( of which themselves will be the only judges , ere they admit them to sit when chosen ) on purpose to carry on their own private designs , and force what government they please upon the people , against their publick interest , and desires , to perpetuate our confusions , oppressions , unsettlements , and to disable whom they please to elect or be elected , without any publick opposition by the secluded members and people then endeavoured ; then farewell parliaments , laws and liberties for ever . fourthly , the coercive power , and manner of levying this contribution , expressed in the act , is against the law of the land , and libertie of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doors , chests , &c. to distrain ; which is against magna chart. c. . the petition of right , car. the votes of both houses in the case of shipmony , r. . c. . and the resolution of our judges and law-books , edw. . e. . . cook report , f. , . semains case , and inst. p. , . secondly , imprisonment of the bodie of the party till he pay the contribution ; which is contrarie to magna charta , c. . the petition of right , the resolution of both houses in the parliament of caroli , in the case of loans ; and caroli , in the case of shipmony , the judgement of our judges and law-books , collected by sir edward cook in his inst. p. , &c. the statute of h. ▪ rot . parl. n. . car. c. , , , , , . most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force , adjudged high treason , in the case of the earl of trafford , and a levying of war within the statute of ed. . by the last parliament , for which he lost his head : and proved to be high treason , at large by master st. john , in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegal means of levying it ) if any person whose goods are distrained , or person imprisoned for these illegal caxes , shall bring his action at law , or an habeas corpus for his relief , or action of false imprisonment , as he may justly do , not onely those who now stile themselves judges , forgetting the cases of judge thorp , tresilian , and others , of old , and the impeachments of the late shipmony judges in the beginning of this parliament , with mr. st. johns speech and declaration against them , worthy their perusal , will deny , or delay to right and release them ; ( for which they deserve thorps and tresilians punishments ) but if these fail them , at least wise the new illegal committee of indempnity will stay his legal proceedings , award costs against him , commit him anew till he pay them , and release his sut es at law , and upon an habeas corpus their own sworn judges ( created by them , without any oath to do equal justice , &c. to all : but onely to be true and faithfull to their new ere●ted state , and sitting amongst them as members ) dare not bail , but remaund him against law ; an oppression and tyranny far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law , both in the cases of loans , shipmony and knighthood , without any council-table , or committee of indempnity , to stop their sutes , or force them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to these illegal taxes , but oppugn them to the uttermost , as the most destructive to our laws and libertie , that ever were . fifthly , the time of the imposing of this illegal tax , with these unlawfull wayes of levying it , is very confiderable , and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first year of englands liberty , and redemption from thraldom , & this last after its new revival after . years interruption and inter-regnum by oliver & his son richard . and if this unsupportable tax , thus illegally to be levied , be the first frui●s of our first years freedome and redemption from thraldom , as they stile it ; how great may we expect our next years thraldom will be , when this little finger of theirs is heavier by far than the kings whole loins , whom they beheaded for tyranny and oppression ? ly . the order of this ( first ) tax ( if i may so term a disorder ) or rather newn●ss of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i find , that was ever imposed by any who had been members of the commons house after a parliament dissolved , the lords house voted down , and most of their fellow commoners secured or secluded by their connivance or confederacy with an undutifull army at first : and this latter , the first doubled tax upon the people , for the very moneths they advanced , & ● aid in beforehand , by the expresse command and orders of the sitting members , to exclude the secluded ones , not only out of the house it self , but lobby too , into which the meanest footboyes , and porters have free accesse . which if submitted to , and not opposed as illegal , not onely the king , or lords alone without the commons , but any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament , now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and commons that once sate with them , and on scotland , and ireland too , being encouraged thereto by such an unopposed president . which being of so dangerous consequence and example to the constitution and privileges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new coc●atrice in the shell , lest it grow up to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to l●de us with new and heavier taxes of this kind , when these expire ( which we must expect , when all the kings , bishops , deans and chapters lands are shared amongst them , sold and spent as they will quickl● be ) if we patientlie submit to this leading decoy : since q binus actus inducit consuetudinem ; as our ancestors resolved , auno . in the case of an unusual tax demanded by the pope● whereupon they all unanimously opposed it at first ; r opprime dum nova sunt subiti mala semina morbi : principiis oqsta ; serò medicina paratur cum mala per longas invaluêre mora● . b●ing the safest rule of state-physick we can follow in such new diseases , which endanger the whole body-politick . upon which grounds the most conscientious gentlemen and best patriots of their countrey opposed loans , shipmouy , tonnage , poundage , knighthood , and the late illegal impositions of the king and his councel in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if thefe worthies conceived themselves thus obliged to oppose those illegal impositions of the king and his councel , though countenanced by some judges opinions as iegal , to their immortal honour , and high esteem both in countrey and parliament , who applauded them as the * principal maintainers of their countries liberties ; then much more ought i , and all other tenderes of their own and countries freedom , to oppose this illegal dangerous contribution imposed on us by a few of our fellow subjects only , without , yea against all law or president to countenance it , being of greater consequence and worser example to the kingdom , than all or any of the kings illegal projects or taxes . seventhly , the excessiveness of this tax , much raised and encreased , when we are so much exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance november . . and by the * imposers of it , ( amounting to a sixth part , if not a moyety of most mens estates ) is a deep engagement for me to oppose it ; since taxes , as well as s fines and amerciaments , ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many will be by this , if forced to pay it by distress or imprisonment . upon this ground , in the parliament petitions of edward the third , we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the wars , who ought to pay them . and in the printed statutes of henr. . c. . mariae c. to omit others , we find subsidies mitigated and released by subsequent acts of parliament , though granted by p●ecedent , by reason of the peoples poverty and inability to pay them . yea sometimes we read of something granted them by the king , by way of aid , to help pay their subsidies , as in edward . rastal tax . and . ed. c. . and for a direct president in point : when t peter rubie the pope's legat in the year . exacted an excessive unusual tax from the english clergy ; the whole clergy of berkshire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusal , pertinent to our time and present tax ; whereof this was one , that the re●venues of their churches scarce sufficed to find them daily food , both in regard of their smalness , and of the present dearth of their corn , and because there were such multitudes of poor people to relieve , some of which died of famin , so as they had not enough to suffice themselves and the poor ; whereupon they ought not to be compelled to any such contribution : which many of our clergy may now likewise plead most truly , whose livings are small and their tithes detained ; and divers people of all ranks and callings too , who must sell their stocks , beds , and their houshold ▪ stuff , or rot in prison , if forced to pay it . eighthly , the principal inducement to bring on the payment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countries and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to u former engagements ; and yet free-quarter is still taken . against which i have these just exceptions . . that the taking of free-quarter by souldiers in mens houses , is a grievance against the very common law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which , with his goods therein , he may lawfully x fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning y purveyers , which prohibit the taking of any mens goods or provisions against their wills , or payment for them , under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , caroli . condemned by the commons house in their z declaration of the state of the kingdom of the . december , . and charged as an article against king richard the second when deposed , in the parliament of h. . nu . . yea , it is such a grievance , as exposeth our houses , goods , provisions , monies , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier : therefore absolutely to be abolished without any compensation : and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , is but to impose one grievance to remove another . . there have been many former promises , declarations and orders of both houses , and the general , for taking off free-quarter , upon the peoples paying in their contributions before hand , and then non● should afterward free quarter on them , under pain of death : yet no sooner have they paied in their contributions , but they have been free-quartered on as much or more than formerly : the souldiers , when we tell them of any orders against free quarter , slighting them as so many waste papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be free-quarter taken , and there can be no prevention of it , there being a necessity for it : and when any have craved allowance of it , they have found so many put offs and delaies , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the monies allowed have been called for again . so as few have had any allowance for quarters , and most have given over suing for t●e● , being put to play an after-game , to sue for them after all their contributions first paid , and not permitted to deduct them out of their contributions , as in justice and reason they ought , which they are still enforced to pay without deduction . this pretext therefore of taking away free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they find by sad experience every where , and in the county and hundred where i resid● . for , not to look back to the last years free-quarter taken on us ( though we duly paid our contributions ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six daies together in a place , and exacted and received most of them s. others s. d. and the least s. d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , soust●ck , walcot and widcombe , small parishes in our hundred and libertle , as they will prove upon oath , and given it me under their hands , to li. s. d. charge ; beside their quarters in other parishes of the hundred . sir hard●esse wallers souldiers , upon pretext of collecting arrears of contribution not due from the hundred , put it to at least li. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them , but on the . and . of may last , col , hunks his foot under the conduct of captain flower and captain eliot , pretending for ireland , but professing they never intended to go thither , marching from minehead and dunster ( the next western ports to ireland ) surther from it , to oppresse the country , put bathwick , langridge , wolly , batheaston , katherin and ford to . li. s. and swainswick ( where i live ) to about li expences for two daies free-quarter ( by colour of the generals order dated the first of may ) being the rudest and deboislest in all kinds , that ever quartered since the wars , and far worse than the worst of goring's men , whereof some of them were the dreggs , and their captain flower , a cavalier heretofore in arms ( as i● reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swo●ds , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controul them ) to abuse me . in pursuance whereof , some thirty of them coming to my house , shouting and hollowing in a rude manner on may . when their billet was but for twenty , not shewing any authority , but only a ticket , [ mr. prynne — . ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me , ( who demanded whose souldiers they were ? by what authority they demanded free-quarter , my house being neither inne , nor ale house ? and free-quarter against law , orders of parliament , and the generals ) using many high provoking speeches , brake som of my windows open , forced my strong-beer cellar-door , and took the key from my servant , ransacked some of my chambers under pretext to search for arms , taking away my servants clothes , shirts , stockings , bands , cuffs , handkerchiefs , and picking the money out of one of their pockets ; hollowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strong beer , against the ground , abused my maid servants , throwing beef and other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took from their eggs and young ones , veal and mutton being not good enough for them : they continued drinking and roaring before , at and aftor supper , till most of them were mad-drunk , and some of them dead drunk under the table . then they must have fourteen beds provided for them ( for they would lie but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many spare beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her chamber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a piece for their beds , and next dayes quarters ; and at last forced her for fear of their violence ( being all drunk ) to give them eighteen pence a piece , assoon as they were forth of doors , and six pence a piece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at bath , some thirty of them , ● my absence , came about ten of the clock , notwithstanding the monies received of my sister for their quarters , re-entred the house , and would have quarters again , unless she would give them three shillings a piece ; which she refusing , they thereupon abused and beat the servants and workmen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many devils , brake open my parlour , milk-house , & garden-doors , abused my pictures and brake an hole in one of them ; hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children and maid servants with their naked swords threatning to kill them , and kick them to gelly , shot at them with their musquets , and forced them out of the house to save themselves : wch i hearing of , repaired to my house , and finding them all so bedlam mad , that they would not hearken to any reason , nor be quieted , thereupon rode to seek their captain and officers at bath , who purposely absented themselves , and not finding them till the next morning , i acquainted the captain then by speech ( as i had done the first night by letter ) with all these unsufferable outrages of the sould●ers ( contrary to the generals order to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious not only to the countrie and kingdom , but to all officers and souldiers who had any civilitie in them , and be a disparagement to the general , by whose proclamation he ought to be present with his company , to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarouslie rude , but by his incouragement ; which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them ; and to remove them forthwith from my house : but the only right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continued there till near four of the clock ; and then marched away only out of fear i would raise the country upon them ; many of whom profered me their assistance : but i desired them to forbear till i saw what their officers would do ; who instead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what monies they could from the country by their violence and disorders . now , for me , or any others to give monies to maintain such deboist bedlams and beasts as these ( who boasted of their villanies , and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civil persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquerors , and take free-quarter on us , amounting to at least a full years contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants issued for paying in this tax , to prevent it for the future ; is so far against my reason , judgement and conscience , that i would rather give all away to suppresse , discard them , or cast it into the fire , than maintain such gracelesse wretches with it , to dishonour god , enslave , consume , ruine the country and kingdom ; who every where complain of the like insolencies ; and of taking free-quarter since the ninth of june , as above two hundred of colonel cox his men did in bath the last lords day ; who drew up in a body about the maiors house , and threatned to s●ise and carry him away for denying to give them free-quarter , contrary to the new act for abolishing it . lastly , this pr●tended act implies , that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with free-quarter ; and what an height of oppression and injustice this will prove , not only to distrain and imprison those who cannot in conscience , law or prudence submit to this illegal tax , but likewise to undo them , by exposing them to free-quarter , which themselves condemn as the highest pest and oppression , let all sober men consider ; and what reason i and others have to oppose such a dangerous , destructive president in its first appearing to the world . in few words ; as long as we keep an army on foot , we must never expect to be exempted from free-quarter or wars ; or to enjoy any peace or settlement : and as long as we will submit to pay contributions to support an army , we shall be certain our new lords and governors will continue an army to over-awe and enslave us to their wils . therefore the only way to avoid free-quarter , and the cost and trouble of an army , and settle peace , is to deny all future contributions . ninthly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and safety of our ancient and first christian kingdom of england , its parliaments , laws , liberties and religion , as at first ; but to disinherit the king of the crown of engl. sootl . and irel. ( to which he hath an undoubted right by the laws of god and man ; as the parliament of jacob . ch. ● . resolves ) and to levy war against him , to deprive him of it : to subvert the antient monarchical government of this realm , under which our ancestors have alwaies lived and flourished , to set up a new-republick , the oppressions : and grievances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away the lives of the late king , peers , and other subjects , against the fundamental laws of the land , creating new monstrous treasons never heard of in the world before , and the like ; ) but cannot yet enjoy and discern the least ease or advantage by it : to overthrow the antient constitution of the parliament of england , consisting of king , lords , and commons , and the rights and privileges thereof : to alter the fundamental laws , seals , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our laws , oaths , covenant , protestation , a publick remonstrances and engagements to the kingdom and forein states , not to change the government , or attempt any of the premises . all which being no lesse than high treason by the laws & statutes of the realm , as sir e. cook in his * inst. & mr. st. john in his argument at law , upon passing the bill of attainder of the e. of strafford ( both printed by the commons special order ) have proved at large by many presidents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and * canterbury , who were condemned and executed as traytors by judgement of parliament , and some of those now sitting , but for some of these treasons upon obscurer evidences of guilt , than are now visible in others , i cannot without incurring the crime and guilt of these several high treasons , and the eternal , if not temporal punishments incident thereunto , voluntarily contribute so much as one penny or farthing towards such treasonable and disloyal ends as these , against my conscience , law , loyalty , duty , and all my oaths , covenants and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgement and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and disadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our king , laws , the revival of our decayed trade , by renewing and perpetuating our bloody uncivil wars ; engaging scotland & ireland , with forein princes and kingdoms in a just war against us , to avenge the death of our late beheaded king , the dis-inheriting of his posterity , and to restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continual wars ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honourable terms , and invested in their just possessions . which were far more safe , honourable , just , prudent , and christian for our whole . kingdoms voluntarily and speedily to do themselves , than to be forced to it at last by any forein forces ; the sad consequences whereof we may easily conjecture , and have cause enough to fear , if we now delay it , or still contribute to maintain armies to oppose their titles , and protect the invaders of them from publick justice . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous treasonable consequences , by any submission to this illegal tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgements of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of the omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and t●e ruine of my greatest enemies and opposers ) to oppugn these unlawfull contributions , and the payment of them o● the uttermost , in all just and lawfull waies , i may ; and if any will forcibly levy them by distresse or otherwise , without and against all law or right ( as theeves and robbers take mens goods and purses ) let them do it at their own umost peril ; being declared all traytors , and to be proceeded against capitally as traytors by the junctoes own late knack and declaration . however , though i suffer at present , yet i trust god and men will in due time do me justice upon them , and award me recompence for all injuries in this kind , or any sufferings for my countries liberties . however , fall back , fall edge , i would ten thousand times rather lose my life , libertie , and all that i have , to keep a good conscience , and preserve my own and my countries native liberty , than to part with one farthing , or gain the whole world , with the losse of either of them ; and rather dye a martyr for our antient kingdom , than live a slave under any new republick , or remnant of a broken , dismembred , strange antiparliamental house of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realm , in being subject to their illegal taxes , and what they call acts of parliament , which in reality are no acts at all to bind me , or any other subject , in point of conscience or prudence , to obedience , or just punishment for non-obedience thereunto , or non-conformity to what they style , the present government , of the armies modeling , and i fear of the popes , spaniards , campanellaes , father parsons , and other jesuites suggesting , to effect our kings , kingdoms and religions ruine , as i have * elsewhere clearly evidenced , beyond all contradiction . psalm . , . i have not sate with vain persons , neither will i go in with dissemblers : i have hated the congregation of evil doers , and will not sit with the wicked . william prynne . swainswick , june . . finis . a postscript . since the drawing up of the precedent reasons , i have met with a printed pamphlet , intituled . an epistle written the th day of june . . by lieut. colonel john lilbourn , to mr. william lenthal speaker to the remainder of those few knights , citizens and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster , ( as most fit for his and his masters designe● , to serve their ambitious and tyrannical ends , to destroy the good old laws , liberties and customes of england ( the badges of our freedom as the declaration against the king of the th of march . p. . calls them ) and by force of arms to rob the people of their lives , estates , and properties ; and subject them to perfect vassallage and slavery , &c. who ( and in truth no otherwise ) pretendedly style themselves . the conservators of the peace of england , or the parliament of england intrusted and authorised by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned p. . they say ) they are ; although they are never able to produce one bit of law , or any piece of a commission to prove , that all the people of england , or one quarter ▪ tenth ▪ hu●dred or thousand part of them authorised thomas pride , with his regiment of souldiers to chuse them a parliament ▪ as indeed he hath de facto done by his pretended mock-parliam●nt : and therefore it cannot properly be called the nations or peoples parliame●t : but col. prides and his associates , whose really it is : who although they have beheaded the king for a tyrant , yet walk in his oppressi●g●st steps , if not worse and higher . this is the title of his epistle . in this epistle , this late great champion of the house of commons , and fitting junctoes supremacy , both before and since the kings beheading , who with his brother a a his petition and appeal , & his arrow of defiance . see mr. edwards gangrena , . part . p. . f. . see my 〈…〉 for the 〈…〉 to overton and their confederates , first cryed them up as , and gave them the title of , the supreme authority of the nation : the onely supreme judicatory of the land : the onely formal and legal supreme power of the parliament of england , in whom alone the power of binding the whole nation by making , altering , or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords , and personal treaty , ( as he and they print and boast in b● this epistle , and other late papers ) pag. , doth in his own and his parties behalf ( who of late so much adored them , as the onely earthly deities and saviours of the nation ) now positively assert and prove first , that c c pag. , . commissary general ireton , colonel harrison , with other members of the house , and the general councel of officers of the army , did in several meetings and debates at windsor , immediately before their late march to london to purge the house , and after at white-hall commonly style themselves , the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament , ; and no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ; yea , and had done it , if we ( say they ) and some of our then friends in the house , had not been the principal instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a real and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply solely and onely by the will of sword-men , whom we had already found to be men of no very tender conscience . and do not the speaker and all lawyers and others now sitting in their own judgments and consciences , and to their friends in private , believe , say , and confess as much , that they are no parliaments ? and yet have the impudency and the insolency to sit , act , and tax , yea seclude and imprison us at their pleasures , as a real , legal and absolute parliament ? o atheisme ! o tyranny , and impiety of the worst edition ! if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resoved to pull it up by the roots as such , then it necessarily folows , first , that they are much more so after the kings death , and their suppression of the lords house , and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rational men . and no wayes enabled by law to impose this or any other new tax or acts upon the kingdom , or to create any new treasons , confiscations , sequestrations and penalties ; and being themselves in truth the worst and greatest of all traytors and tyrants . secondly , that these grand saints of the army and steersmen of the pretended parliament , and all gown-men confederating with them , knowingly sit , vote and act there against their own judgments and consciences , for their own private , pernicious ends . thirdly - that it is a baseness , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these grandees in their assembly and army , to sit or vote together with them , or to enjoy any office or command in the army under them , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus vilified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and forcibly excluded and imprisoned the greatest part of the members and whole house of peers , in order to their own future exclusion , and as great a baseness in them and others for to pay it upon any terms . secondly he there affirms , that d d p. , . oliver crumwel by the help of the army , at their first rebellion against the parliament , was no sooner up , but like a perfidious , base , unworthy man , &c. the house of peers were his onely white boys , and who but oliver ( who before to me had called them in effect , both tyrants and usurpers ) became their proctor , where ever he came ; yea and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience , that the lords had as true a right to their legislative note . and jurisdictive power over the commons , as he had to the coat upon his back , and he would procure a friend , viz. master nathaniel fiennes should argue and plead their just right with any friend i had in england . and not onely so , but did he not get the general and councel of war at windsor ( about the time that the votes of no more addresses were to pass ) to make a declaration to the whole world , declaring the legal right of the lords house , and their fixed resolution to maintain and uphold it ? which was sent by the general to the lords by sir hardresse waller : and to indear himself the more unto the lords , in whose house without all doubt he intended to have sate himself , he required me evil for good ; and became my enemy to keep me in prison , out of which i must not stirre , unless i would sloop and acknowledge , the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do it : yet now they themselves have suppressed them . whence it is most apparent . . that the general , lieutenant general cromwel , col. ireton , harison , and other officers of the army now sitting as members , and over-ruling all the rest , * * see my plea for the lords and house of peers , ( yea & all other lawyers , members , sitting with them . have wittingly acted against their own knowledges , declarations , judgments , consciences , in suppressing the lords house , and depriving them of their legislative and jurisdictive right and power , by presuming to make acts , pass sentences , and impose taxes without them , or their assents in parliament , contrary to the express acts of & caroli . c. . , , , , . and hundreds of ordinances , remonstrances , declarations , the protestation , vow and solemn league and covenant made this parliament , by the votes of most now sitting . . that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , and to suppress the house of lords , is in their own judgments and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all the lords and other englishmen who love their own or countries liberties , or have any nobility , or generosity in them . thirdly , he e e pag. . , . , . there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but a pretended parliament , a mock-parliament ; yea , and in plaine english , no parliament at all , but the shadow of a parliament . that those company of men at westminster that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law , or representatives of the people by the rule of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed thieves choose and set apart to try , judge , condemn , hang or behead any man that they please , or can prevail over by the power of their sword , to bring before them by force of arms , to have their lives taken away by pr●tence of justice , grounded upon rules meerly flowing from their vvills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves down in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons ; to set up indeed a mock-povver , and a mock-parliament ; by purging out all those , that they were any way jealous of would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of a parliament , and the shadow and imperfect image of legal and just authority , to pick their pockets for them by assesements and taxations ; and by their arbitrary and tyrannical courts and committees ( the best of which is now become a perfect . star-chamber , high commission , and councel-board ) make them their perfect slaves and vessals . with much more to this purpose . if then their principal admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england before , at , and since the late force upon the house , and its violent purgation , do thus in print professedly disclaim them , for being any real parliament , or house of commons , to make acts or impose taxes upon the people : or set up high courts of justice to try and condemn the king , or any peers or english preemen ; the secluded lord ; members , presbyterians , royalists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority , and illegal taxes , acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein further avets : f f pag. . . . . . . that the death of the king , in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very hour . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherfore the members of the commons house were chosen and sent thither , was , to treat and confer with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , ot third estate of that parliament , to which they were to come and joyn with , and who were legally to make permanent and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws , the end both in reason and law of the peoples trust , is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor of a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within its limited time , in all its splendor of glory , without the awe of armed men , neither in law , nor in the intention of their choosers , were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly voyd of reason , as to call tho. prides pittiful juncto a parliament , especially those that called , avowed , protested and declared again and again those to be none that sate at westminster , the : , &c. of july . when a few of their members were scared away to the army , by a few hours tumult of a company of a few disorderly apprentices . and being no representative of the people , much less a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people , the shew of their own wills , lusts and pleasures for laws and rules of government , made by a pretended everlasting , nulled parliament , a councel of state , or star-chamber and a councel of war , or rather by fairfax , cromwel and ireton ? now ; if their own late confederates and creatures argue thus in print against their being and continuing a parliament , their jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more do it , and joyntly and magnanimously oppose them to the utmost , upon the self-same grounds , for their own and the publick ease , liberty , safety settlement , and restoring the rights , priviledges , freedome , splendor of our true english parliaments ? fifthly , he there likewise affirms , g g p. . . . . that those now fiting at westminster have perverted the ends of their trusts more then ever strafford did : . in not ceasing the people of , ( but encreasing ) their grievances . . in exhausting their estates to maintain and promote pernicious designes to the peoples destruction . the king did it by a little shipmony and monopolies ; but since they began , they have raised and extorted more mony from the people and nation then half ( nay all ) the kings since the conquest ever did ; as particularly : by excise , contributions . sequestrations of lands to an infinite value . fist part . twentyeth part . meal-mony . sale of plundered good . loanes . benevolences . collections upon their fast days . new imposittions or customes upon merchandize . guards maintained upon the charge of private men . fifty subsidies at one time . compositions with delinquents to an infinite value . sale of bishops lands . sale of dean and chapters lands : and now after the wars are done , sale of kings , queens , princes , dukes , and the rest of the childrens revenues . sale of their rich goods which cost an infinite sum . to conclude all , a taxation of ninety thousand pounds a moneth : ( since that of one hundred and twenty thousand pounds a moneth ; and lately of a whole years tax within three moneths , and now of one hundred thousand pound a a moneth , for the same six moneths they have payed their taxes , besides excise , customes , frequent new intollerable militiaes , payments to increased swa●ms of poor , sequestrations , highway money , and other charges , now all trade is utterly lost , and the three kingdomes beggar'd and undone . ) and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and ten thousands a piece amongst themselves , and wipe their mouths after it , like the impudent harlot , as though they had done no evill ; and then purchase with it publick lands at smal or trivial values : o brave trustees ! that have protested before god and the world again and again in the day of their straits , they would never seek themselves , and yet besides all this , divide all the choicest and profitablest places of the kingdome among themselves . therefore when i seriously consider , how many in parliament and elsewhere of their associates ( that judge themselves the onely saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not onely of the people of the world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread ; i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that who so hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from him ( which he absolutely doth that any wayes takes a little of his little from him ) how dwelleth the love of god in him ? john . . these actions and practises are so far from being like the true and real children of the most high , that they are the highest oppression , theft and murther in the world , to rob the poor in the day of their great distress by excise , taxations , &c. to maintain their pomp , superfluities and debauchery ; when many of those from whom they take it , do perish and starve with want and hunger in the mean time , and be deaf and ad mant-hearted to all their tears , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended godly religious men , have got a degree beyond those atheists or fools , that say in their hearts , there is no god . psal. . . and . , . in quite destroying the peoples essential liberties laws and and freedomes , and in leaving them no law at all ( as m. peters their grand teacher averred lately to my face we had none ) but their meer will and pleasures ; saving fellons laws , or martial law , where new butchers are both informers , parties , jury men and judges , who have had their hands imbrewed in blood for above these seven years together , having served an apprentiship to the killing of men for nothing but many , and so are more bloody than butchers that kill ●●eep and calves for their own livelyhood ; who yet by the law of england , are not permitted to be of any jury for life and death ; because they are conversant in the shedding of blood of beasts , and thereby through a habit of it may not be so tender of the blood of men , as the law of england , reason and justice would have them to be . yea , do not these men by their swords , being but servants , give what laws they please to their masters , the pretended law-makers of your house ? now constituted by as good and legal a power as he that robs and kills a man upon the high way ? and if this be the verdict of their own complices and partizans concerning them and their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the time of famine and penury ( as the great officers of the army and treasurers who are members now do : who both impose what taxes they please , and dispose of them , and all power , honour , profit , to themselves and their creatures , as they please , without rendering any accompt to the kingdoms , contrary to the practise of all former ages , and the rules of reason and justice too ) are not all others in the three nations , especially the secluded lords , and members , bound by all bonds of conscience , law and prudence , to withstand their impositions and edicts unto death , rather than yield the least submission to them ? sixthly , he there avers , proves , and offers legally to make good , before any indifferent tribunal , that the h h pag. . ▪ , . . . . . . , , , , . . grandees and over-ruling members of the house and army are not onely , a pack of dissembling , jugling knaves and machevillians amongst whom in consulation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amonst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death , without any satisfaction for their lives , as traytors , enemies , rebels to , and i i see pag. . . conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament , kingdome , and the peoples majesty and soveraignty ; that the pretended house and army are guilty of all the same crimes in kind , though under a new name and notion , of which they charge the king in their declaration of the . of march . that some of them more legally deserve death , than ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants , that ever lived in the world : and ought ( as many of you have been , and now are ) by all rational honest men to be most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindnesse , they have done all the mischief they have done in destroying our laws & liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. and shall we then submit to their taxes and new acts , or trust them with our estates , lives , liberties , and the supreme power , or acknowledge them for our legal parliament and soveraign lords of the three kingdomes , if such now in their own late adorers eyes ? seventhly , he there asserts , k k p. . . that whosoever stoops to their new change of government and tyrany , and supports it , is as absolute a traytor both by law and reason , as ever was in the world ; if not against the king prince charles , ( heir apparent of his fathers crown and throne ) yet against the peoples majesty and soveraignty . and if this be true , as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so , then all those that are executed at tiburn &c. by their sentence of condemnation are meerly murthered , and the * * let our gownmen sitting at westminster and other places , & in high courts of justice too , & there condemning and executing men consider it . judges and justices that condemned them are liable in time to be hanged ( and that justly ) therefore , for acting without a just and legal commission , either from true regal , or true parliamentary power ( except in corporations only where they proceed by ancient charters in the an●ient legal form ) . and if this be law and l l luk. . . . c. . . . gospel too ( as no doubt it is ) then by the same reason , not onely all legal proceedings , indictments , judgements , verdicts , writs , tryals , fines , recoveries , recognisances , and the like , before any judges and justices since the kings beheading in any courts at westminster , or in their circuits , assises , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , are not only meerly void , illegall , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices , sheriffs now acting , and lawyers practising before them in apparent danger of high-treason both against king and kingdom , they neither taking the oaths of judges , supremacy or allegiance as they ought by law ; but only to be true and faithful to the new erected state without a king ; but likewise all votes and proceedings before the pretended house or any of their committees , o●sub-committees in the country , with all their grants and offices , moneys , salaries , sequestrations , sales of lands or goods , compositions ▪ &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , collectors , treasurers , &c. and all other officers imployed to levy and to collect this illegal tax to support that usurped parliamentary authority , and army , which hath beheaded the late king , dis-inherited his undoubted heir , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdome , with the liberty and property of the people of england , no less than high-treason in all these respects , as is fully proved by sir edward cook in his institutes , ch. . . and by mr. st. john in his argument at law at the attainder of the earl of strafford , and declaration and speech against the ship-mony judges , published by the late commons house order ; which i desire all who are thus imployed , to consider ; especially such commissioners who take upon them to administer a new unlawful ex-officio oath to any , to survey their neighbours and their own estates in every parish , and return the true values thereof to them upon the new proun'd rate for the last months contribution , & to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damn mens souls , invented by cardinal woolsey , much enveighed against by father latimer in his sermons ; condemned by the express words of the petition of right , providing against such oathes ; and a snare to enthral the wealtheir sort of people by discovering their estates , to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer any oath in any case whatsoever , much lesse then to confer any authority on others , to give such illegal oathes , and fine those who refuse them : the highest kind of arbitrary tyrany both over mens consciences , properties , liberties ; to which those who voluntarily submit , deserve not only the name of traytors to their country , but to be m m exod. . . . boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any ways active in imposing or administring such oaths , yea treasonable oaths of the highest degree , abjuring and engaging against king , kingship , kingdome and house of lords , and that with constancy and perseverance , against their former oathes of homage , fealty , supremacy and allegiance , the protestation , vow , solemn league , and national covenant ( the most detestable perjury and high treason that ever mortal men were guilty of ) or assistant in imposing , assessing , collecting , and levying illegal taxes by distresse or otherwise , may and will undoubtedly smart for it at last ; not onely by actions of trespasse , false imprisonment , accompt , &c. brought against them at the common ▪ law , when there will be no committee of indempnity to protect them from such suits , but likewise by indictments of high treason , to the deserved losse of their estates , lives , and ruine of their families ( and that by the junctoes own votes and declaration octob. . . ) when there will be no parliament of purged commoners , nor army to secure , nor legal plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present forbid fear of imprisonment , loss of liberty , friends , estate , life or the like , being no n n see . h. . rot. par. n. . excuse in such a case and time as this , but an higher aggravation of their crime : nor yet to exempt them from hell it self and everlasting torments in it , for their perjuries treasons , oppressions , rebellions , and actings against their consciences out of fear of poor inconsiderable mortals , who can but kill the body at most , nor yet do that but by gods permission , contrary to the express commands of god himself . ps. . . ps. . . ps. . . ps. . , . isa. . . c. . . . ler. . . ezek. . . & . . . mat. . . . pet. . . heb. . . the o o rev. . . fearful being the first in that dismal list of malefactors , who shall have their part in the lake which burneth with fire and brimstone , which is the second death ; even by christs own sentence . john . . to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . notes, typically marginal, from the original text notes for div a e- * see fortescue de laudibus legum angliae , and sir thomas smith de republica anglicana car. c. . see rastal , title taxes , tallages , the acts for subsidies of the clergy and temporalty . * see my memento to the p●esent un-parliamentary juncto , prynne the member reconciled to prynne the barreste● , and true and perfect narrative , may . & . . notes for div a e- a see my humble remonstrance against ship-money . jan. . . b see e. ● cap. . cook . report . , . dyer . ed. . , , e. . book commission . , . c cromptons jurisdiction of courts . fol. . cook . instit. c. . d e. . m. . part . . dors. claus. regist. f. . . e ed. . . e. . . brook commissions . . . & officer , . dyer . . cook . . report , . . e. . c. . daltons justice of peace , c. . p. lambert . p. . * see my plea for the lords and house of peers . f r. . n. . h . n. . h. . n. . g h. . . b. h. . . fortescue , c. . f dyer , . b●ook parliament , , . cooks . institut . p. . h see the freeholders grand inquest . my plea for the lords . the , and , part of my register of parliamentary writs , and exact ab. idgement of the records in ●●e tower , my historical collection , part , . c. . see my speech , dec. . . and a full declation of the true state of the case of the secluded members . i ( i ) cooks . institutes p. . r. . stat. . c. . * populi minor pars , populum non obigit . grotius de jure belli . l. . c. . sect. . alexander ab alexandro . gen. dierum . l. . c. . ( a ) declarat . nov. . & . . l . ed. . . . h. . . brook parl. . . cook . instit. p. . , . jac. cap. . m claus. . e. . m. . dorso . n . e. . , . . h. . . brook customs . . * the . part of the parliamentary writs p. , to . cooks instit. , , iac. c. , . iac c. , . iac. c. . car. c. . object . answ . a see my plea for the lords and house of peers , and historical collection of the great councils and parliaments , and fundamental rights , laws , and liberti●● of all english freemen . b printed by it self , and in a declaration of the engagements and remonstrances , &c. of the general , and general councill of officers of the army . london p. . . is there not a greater , longer , force and violence offered to both houses ever since dec . by aimed souldiers , than that by the unarmed apprentices , but for a few hours ? how can you dispence with your self , to fit since dec. . & passing votes , to seclude & exclude the lords & your fellow members , and to tax them at your pleasure , & not believe them voyd & null ? * nor yet by those now sitting against the lords and our forcible exclusion , but new votes in justification thereof ? the army could not with all their power and menaces , inforce the s●cluded members to vote against their judgements & consciences ? ec . . . why hav and do you yet serve the juncto in a false and anti-parliamentary way near as many years more , to abuse and deceive them ? have you not done it since in the highest degree by high courts of justice , securing , secluding , imprisoning , banishing , disanheriting thousands , and imposing taxes and excises on them against all our laws ? have you nor conscientiously observed them , by secluding , ejecting the lords , and your fellow members ? by subverting all rights , privileges of parliament , and liberties of the subject ? why do you not now much more absent your selves upon the same account ? if it was so great a crime to lock and keep them in the house ? was , yea is it not a far worse and g●eater crime in you and your juncto , to lock the lords and your fellow members , and keep them forcibly o●t of the houses for so many years till you have passed what new vores , and set up what new government , and imposed what tixes you please upon them against their wills ? and is it not a greater breach of ptivilege for you to vote out most of the members without hearing them ? the major vote therfore dec. . ought to carry it as well as then . did you not far worse in seeuring , ●●cluding , imprisoning , ejecting the majority of your fellow-members , onely for voting against the minority , dec. ? and can you discharge them by sitting now , when the majority of the members & lords are secluded , and forcibly kept out by your orders , and not permitted to sit with freedome & safetie ? was not the armea sorce , secluding and keeeping away most of the members since . sar worse than this ? why have not the army-officers , & most members subscribing this engagement , and making and commending this resolution kept this resolution , but apostatized from it ever since december . . and acted quite contrary to it ? therefore now much more by the members acting and continuing force upon the majority . they have been faithlesse more than once or twice to the secluded members , and the iuncto too since this . did you really perform this engagement by ordering the army to secure and seclude the majority of you● fellow-members , and whole house of lords heret●fore & twice of late ? have not the armie & most of those s●bseribers since dec. . . laid the greatest reproach 〈◊〉 sorce upon the nation , & brought & offered greater contempts to the honour , 〈◊〉 esteem , privileges , members of parliament , than the apprentices or the 〈…〉 men in any age ? is not this the case of the secluded and excluded members in respect of their electors and the kingdom ? is not this the speech and answer of the secluded lords & commons to the kingdom and people ? is not this the true stile and character of all th●se , since forcibly secluding the lords and their fellow members ? the secluded lords and commons now t●ust so too . most counties now begin to do it for their secluded members restitution , or a new free parliament without limitation . * now sitting as a commoner . that on dec. , . and since that till now , hath been worse , longer , and more unparalleld . and doth it not gainsay the armies & officers professions , commissions , protestations , declarations , and other obligations to protect the parl. and secluded lords & commons ? the force since on the houses hath effected it . do not the officers & members deserve to be so served , for securing & secluding us ? * the armies declaration , p. , &c. wo ) is it not arrse for the mmy and sitting bloembers to dock up the thors against me lords and most of the comisons ? and to oeep them fut of the houses or sundry years ? was not the armies seising , secluding , pulling and keeping those out who gave their votes against their designs , dec. . . shutting them out ever since , & imprisoning some of them sundry years , far worse than this ? it was far worse to fill them with soldiers & troopers , dec. , & . and since , to seelude the most of the members by force . and now six times more of them are driven away by the army . do not the people esteem the secluded members su●h , and are not they the supreme authority by the armies & sitting members own votes , jan. . ? * they went not to them till thus ●●●ited . and ought not the army and english nation , thus to engage , much more to the now secluded lords and members ? it is usual and legal in the speakers absence or sicknesse . and a●e you not and the kingdom too , now much more convicted of this truth ? and are not all since dec. . . till now much more null and void , for the same reason ? * is not yours of dec. . & jan. . . far more unparalleld , to the parliament , and all the free-born subjects ? much more then now the excluding members ? and ought not the army and ● monk n●w to do the like ? are not the sitting secluders of the lords and majority of the commons , far greater delinquents , deserving greater punishment ? remember and fulfill these promises , now at least , to the parliament , king & kingdom , which crosse your engagements . abjurations of king and kingship , to set up an utopian commonwealth . * ne dhams interest will not ( but ) lye . * and more since their secluding and securing dec. . & . . * therefore all since dec. . till now are void by the self-same reasons . * see my p●ea for the lords p. , to . * par in pa●em non habet imperium , vel jurisdictionem , bracton , l. . c. . f. . object . answ . * exact collection , p. , . ¶ . parl. . rot parl. n. . . r. n , . r. . n , , . ● h. . n. , . h. . n. . h. . n. , , . h. . n. , . h. n. , , . * cooks . institut p. . dyer , f . * exact collect . p. , , , , . * brook parliment . relation . dyer . is not this the armies and their own late and present practice ? alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . and is it not so by you now , and t●ansmirted unto the exchequer to be levied ? and do not you now the same , ye● , some of them verie good patriots ? are not the generals and armies horses and foot too , kept up and continued among us for that purpose , being some of them germans too ? not one quarter so g●ievous as the late and present taxes , excises , customs , imposed by you for the like purpose . and is it not more unnatural in those now sitting , to engage the english army , raised by the parliament of england , and convenanting to defend it from violence , against the verie parliament of england and its members , to seclude , exclude , and eject the majoritie of their fellow members , and whole house of peers , by their votes and commands , and that successively twice after one another , and yet to own and support this army without ●ighting those members ? was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of a●med horse and foot ; and their suppressing the house of lords , and re secluding the members by armed guards on may , & . & dec. . . a thousand times a greater offence , especiallie after so many declarations of the houses against this of the kings ? was not humphry edwards now sitting , ( an unduly elected member , ) one of them thus armed ? * henrie martin is accomptable to the state for above l. which the committee of accounts in two years time could never bring him to account for , and yet hath pound voted him lately for moneys pretended to be di●bursed ; to whom and for what quae●e . * in their p●rliament● p. a , p. , , . see a full declaration of the true state of the case of the secluded members p. , &c. ¶ exact collection , p. , , , , , . * exact collection , p. , , , , , , , , , , . * exact collect . p. , , , . a , , , , , , , &c. , , , , &c. , , &c. a collect. &c. p. , , &c. . * a collect. &c. p. , , . , , , , &c. , , , , , , , &c. , . * see cooks instit. p. . , , . * can or will the expulsed king himself or his heirs say more , or so much as these , if he invade and conquer us by forein forces ? and were it not better for us then to submit to our lawfull king , than to so many thousand perfidious usurping pretended conquerors of us , who of late pretended only they were no other but our servants , not lords and conquerors ? o a collect. &c. p. , . objct. answ . * see their votes jan. . & declaracion , march , . p. . . * see their declaration , nov. . & proposals , dec . ● and cromwel● inst●ument & speeches . * ezek. . * see the d . part of the history of independency . * see seldens titles of honour . * see a collect . p. , , , , , . a see my jus pationatus , and new discovery of free-state tyranny , and the good old cause truly stated . b see the coffin for the good old cause , john rogers , and nedham his interest will not lye , my true and perfect narrative , and consciencious quaenes , where this is fully proved . c in their several agreements of the people , ●heir d●cla●ation of nov. . their proposals , decemb. . and declaration of march . . * sir robert pye & others * e. . c. . see rastals abridgements , tit. elections and parliament . * febr. . . * cooks reports , f. . chron. . . q mat. paris . r ovid . de remed. amoris . * exact collections , p. . . and their own declarations , . march . p. &c. * in their declarations march . . p. . s magna chart. c. . e. . c. ● . cook . instit. p. , . . . t mar. paris p. ● . u a collection , &c. p ● . semains case . rep. sendels case . lambe●t f. ● ● . daltons justice of peace , ● . h. . c. . x see cook report . f , p . y see rastal title purveyers . z an exact collecti , on p. . a see an exact collection : and a collection of publick orders , &c. p. , , , , . * lib. . c. , . * see canterburies doom , and straffords trial. * in my speech dec. see romes master-piece , the epistle to my jus patronatus ; a true and perfect narrative , . the epistle to the . part of my historical vindication and collection . the honours of the lords spiritual asserted, and their priviledges to vote in capital cases in parliament maintained by reason and precedents collected out of the records of the tower, and the journals of the house of lords. hunt, thomas, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the honours of the lords spiritual asserted, and their priviledges to vote in capital cases in parliament maintained by reason and precedents collected out of the records of the tower, and the journals of the house of lords. hunt, thomas, ?- . [ ], p. printed by tho. braddyll and are to be sold by robert clavel, london : . attributed by wing to thomas hunt. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords. nobility -- great britain. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion the honours of the lords spiritual asserted : and their priviledges to vote in capital cases in parliament maintained by reason and precedents . collected out of the records of the tower and the journals of the house of lords . pray for the peace of jerusalem , they shall prosper that love thee , peace be within thy walls , and prosperity within thy palaces . psal . . ver . , . london , printed by tho. braddyll , and are to be sold by robert clavel at the peacock in st. pauls church-yard . . to the reader . t is not unknown to any in our english israel , that there are yet here amongst us some remainders of the men of . and that the disease it self sticks as close to them , and particularly to some eminent parts of the nation where they skul , and for the present where they make their refuge ( for in the countries they are more easily discovered ) as the leprosie did under the law to the very walls of the house ; and it seems to be as hardly removed as that levitical distemper , which some naturalists and physitians say cannot be done but only by blood , and that is the thing which their fingers itch to be at again , witness their late rebellious commotions in scotland , which had they taken effect , there would not have been wanting these who would have justified them : nay , i speak what i know , and have heard , did excuse them , as a poor people opprest ; and you know oppression makes a wise man mad , especially at this time of the year , the season being a little hot. i must confess i am no stranger to the men or their ways , having been for many years last past , a strict observer of them , though i thank god i have always , and do still from my heart , abhor and detest any confarreation with them , or any the least approbation of their actings or principles ; for i have discovered so much of ill nature , censoriousness , covetuousness , self-seeking , and want of charity in this sort of men , that it did always give me a great suspition that their cause was evil ; especially reflecting upon the means which they made use of to carry on their pretended reformation , ( viz. ) the throwing down of episcopacy , a government of gods church , as antient in this nation as christianity it self ; the takeing away , and abolishing the best of liturgies either ancient or modern , a justified taking up of arms against their native soveraign , the lords annointed , to whom , and to whose ancestors they and their fore-fathers had sworn allegiance : the plundering and devesting of the kings most faithfull subjects of their goods , estates and for their dutiful adherence to the best of kings who ever raign'd in this our isle . and lastly the embrewing their violent , rebellious , and wicked hands in his most sacred blood ; a course which the moral heathen would blash to take , to save his country ready to be lost and ruined , and yet these men in a bad cause to pretend conscience and religion , which hereto fore conquered the heathen world , not by resisting though they were able and wanted not numbers to do it , but by their sufferings ; for these men i say to pretend conscience and religion , clament melicerta perisse frontem de rebus . these are the men i confess against whom the following discourse is aim'd : for i very well know that it lies not in the power or wit of these , though they gladly would and do flatter themselves perhaps in this their folly that they may be able to cajole any persons of loyal hearts or principles , to take part with , or appear against the bishops in the present controversie : no , gentlemen believe it , you smell too strong , and you are too well known , and i can never believe the contrary , till i see you perswade them to carry in once more their plate to guild-hall , for the carrying on your vnholy cause ; or to shut up their shops , as you know who did heretofore and go with you to releive glocester . atqui parvas spes habet troja si tales habet . and so i refer the reader to the perusal of the book . the honours and rights of the clergy asserted : and priviledges of the bishops to vote in capital cases in parliament vindicated , &c. chap. i. the honour of the priesthood asserted by the law of nature and levitical law ; the immumunities thereof under primitive christianity . the returns of gratitude to god for the blessings and labours of the ministers thereof in the reformation of the church , in the last and present age wherein we live ; together with some close reflections thereupon . religion a thing so excellent , ( that to be careless in it , or neglectful of it , is accounted a great disreputation and shame to any party or person ) hath ever had since there were professors of it , and that is so long as there have been men in the world , a select number of persons , who have been the ministers of it . these men dureing the first times , and the administration of the law of nature , were the first born , and they both princes and priests too ; so that the administration of justice , and the performance of religious worship we find then to have been linked together in one and the same person , adam , seth , enoch , and noah , and other the antediluvian patriarchs were in their order and succession both kings and priests also ; as any person may be satisfied , if he will peruse those writers of the jewish antiquities philo and josephus : afterwards , when the law was given by positive precepts to the sons of men , one of the twelve tribes ( viz. ) that of levi had the priesthood annexed to it , together with other great immunities , honours and priviledges , and in the division of the land of canaan ( if mr. seldens authority may sway any , rev. hist . tithes , c. . ) they of levi had near three times the annual revenue of the largest among them , they had their places and voices in their sanhedrims and councils : yea and cognizance of capital causes also , as we may find largely proved by the learned spelman in his history of sacriledge ; what sense the very heathens themselves had of the honours of their priesthood , it would be very tedious to relate . the priesthood was not esteemed any shame to him that bore the scepter and wore the crown . in egypt as sr. john marsham in his cronic . canon , well observes those ancient kings after the flood thoth , or mercurius , tosorthrus , or aesculapius , suphis the builder of the greatest of the pyramids were kings and divines too . see him at large , c. ad sec. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . nay in the first ages of the world , the legislative and executive power went along with the priesthood , melchizedeck , abraham , and jacob after the flood , as well as the antediluvian patriarchs were as well executors as makers of laws . let us peruse the holy records , and we find david a king and a prophet , his son solomon the wisest of mortal men , stileing himself by the name of the preacher and valuing himself more upon that name , then upon the score of his other royal titles ; and in the fullness of time jesus christ himself the king of kings , the eternal son of god and original of all power thought it not below him telling us expresly luke . . that he was sent into the world on no other end than to preach the gospel . true it is , his kingdom was not of this world , and he never went about to dipossess either the roman or jewish governours in judaea ; neither did his disciples ever go about to do any thing like it ; yet when the empire became christians , the prudent piety of the first and most christian emperors for the better encouragement of religion and learning , conferred large immunities and exemptions upon church-men , freeing them from subsidies , impositions , and sundry services wherewith other of their subjects were burdened * eusebius and zozomen , record several priviledges granted by constantine , that those who minister in holy religion be wholly free and exempt from all publick burthens : and some have very well observed , that during the continuance of the gift of tongues , extraordinary learning , and other miraculous effusions of gods holy spirit upon the primitive church , there were no need of the piety and charity which subsequent christian emperors bestowed upon the church , the apostles had no need to study for their preaching , and therefore had leisure enough to fish and make tents for a livelihood , whereas ours are forced to pore upon books , to meditate , write , and all hardly sufficient to search out the deep mysteries which cost them no pains , the spirit supplying the place of all . therefore to make amends for all these extraordinary qualifications , and abundant measure of spiritual graces wherewith they were furnished above us , it hath pleased the lord of the harvest in these latter days to raise up christian magistrates to assist and encourage his labourers , and appoint them a more setled and plentifull allowance ; yea and honour also , and power together with it , for that wisdom without these is commonly contemned . who ever was chosen a magistrate in our neighbour state of holland , or here at home ? who had not riches , and therefore honour to support them , wisdom in the esteem of the vulgar is always thought to be accompanied with riches and power : so that the pretences of those men who for a cloak to their innovations and sacriledges , vainly vaunt that all things should be brought back to the primitive purity , and the clergy also to the apostles poverty , seem to argue thus much that they are no farther true gospel ministers , and the successors of the apostles than they are able to work miracles , and that they though not enabled to it by any education may be required to work in any of those callings of which the apostles were , whose successors they pretend to be . we read in lud. vives in his commentary upon st. aust . de civitate dei , that the priests of ceres [ no other than the mendicants amongst them of rome ] were to renounce the world and riches and honour too ; and therefore that on the day of their initiation they were to put on a coat which they never left off till such time as it was so ragged that it would no longer hang to their backs ; certainly if spiritual persons were left to some mens allowance , this would be their portion from them to be clad with poverty , contempt , and rags , and their callings as well as their necessities would constrain them to fast and pray . i know some men ( particularly luther ) amongst our reformers have sleighted honours , and that portion due to their callings , out of sincere principles and a good meaning , who have yet lived to repent their error , though not able to redress it , when they have seen how much the church has thereby suffered , and religion been damnified , witness luther epist . p. . ego per meo stipendio annuo tantum novem antiquas sexagenas habeo , praeter has ne obolus quidem mihi ; aut fratribus è civitate accedit . a great and noble reward for such matchless deserts , and if so happy an instrument of europes reformation , so valiant a champion , who singly opposed the united power of rome and hell , what may the clergy of our days expect ? viz. to be devested of their revenues , honours and immunities , because they are the successors of their forefathers the bishops and reformers in queen marys days , some of the principal whereof were publickly burnt as martyrs for that religion which ( god be thanked ) maugre the monstrous ingratitude of some , we yet through the blessing of god enjoy , by the pains and labours of their worthy successors . who are the persons who have to the eternal shame and infamy of rome laid open the vileness , wickedness , and immorality as well as the false doctrines , idolatries and superstitions of that church ? who are they who have been the watchmen upon the wall , that have ever since the reformation beaten and foiled them in their assaults upon our church ? was not the walls thereof watered , and as it were cemented with the blood of cranmer , latimer , ridley , hooper , and others ; the supestructure raised by jewel , reynolds and others , sed me reprimo . and yet now those days through mercy are over , must their successors still be wounded by the hands of their pretended friends , and receive such hard measure from their pretended well-wishers ? this strikes to the very heart . scilicet , hoc ithacus velit & magno mercentur atridae . chap. ii. the clergy under the law and gospel also , have ingaged in secular causes , and the state very happy in this their administration in the primitive times of the gospel proved from the examples of st. ambrose , st. austine , &c. we all know it was a political maxim mentioned by josephus as derived from moses , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . philo. in vit . mos . the king must ever take the advice of the priest , moses himself was a priest as well as a ruler ; and he appointed priests dureing the levitical administration to be overseers of all things , judges of controversies , and punishment of malefactors , joseph . lib. . cont . app. who saw the precept reduced to practice , tells us the thing in fact was so . who hath not heard that ely and samuel the lords priests were at the same time civil judges in israel . chytraeus makes three consistories amongst the jews , of all which the priests were the principal and essential members : ( . ) a triumvirat in every city wherein many matters and lighter trespasses was decided ; these grotius calls pedaneos judices . ( ) the little sanhedrim consisting of , wherein capital causes were determined in the gate of every city . ( . ) the council of state or grand senate of elders , which some make to consist of , taking in moses ; others in . six out of each tribe , the high priest being commonly of the number . now that the priests and levites were part of this great sanhedrim , causabon will bear me out ; who makes it appear out of their best authors , quod hujus concilii ea fuit institutio ut si fieri possit e solis levitis & sacerdotibus constaret , that as near as might be , the endeavour was it might consist only of priests and levites ; whence josephus and philo oftentimes under the title of priests understand the sanhedrim . come we down to david whose government was a pattern to all his successors , his reign was peaceable and flowrishing ; nor did he want states-men of the most raised abilities for his employments : yet did not this wise , this holy prince think it inconsistent with the sacred function ( which yet st. austin tells us in some respects operosius ministerium than that of the gospel ) to engage levites in his weightiest secular charges . for we find hathaliah and his brethren appointed officers on this side jordan , not only in the business of the lord , but in the service of the king : and jerijah another in holy orders is made plenipotentiary or ruler over the reubenites , the gadites , and the half tribe of manassah in every matter pertaining to god , and in the affairs of the king likewise , chron. . . . nor was he singular in it , but was imitated by good jehosaphat who made the priests and the levites judges of all the controversies in israel , not excluding matters of blood , chron. . , . now run over the catalogue of all the kings of israel and were any to be paralled with these ? i am sure that none went beyond these , none whose government did more prosper with righteousness , justice , and tranquility . and though under the rest of the kings we have no express mention of the same practice ; yet all things considered , we have more reason to conclude it held than the contrary , for we find jehoiada the priest chief counsellour to joash , king. . and if we look into after times at the babylonian captivity , the priests command all and possess the scepter for some hundred of years , for the assamonaean , race continued absolute princes till pompeys conquest , joseph . l. . c. . we may further add that many civil causes are by name reserv'd to the levical cognizance , as the inquisition for murther , false witness , &c. deut. . and yet after all , the preachers of the gospel do not hence draw arguments that they are chiefly and solely to be instructed with these great and important ministeries , but i do on their behalf averr , and will be ready to prove and maintain , that a fit allowance being made to the difference of times and persons ; the model prescribed by god himself under this levitical administration may safely be followed now in some things , and those no circumstantials also . but leaving moses , let us come to christ , and see how matters stood under the gospel , here though we have no instances of honours conferr'd by our saviour upon his apostles , yet have we prophesies , that after the publication thereof kings should become the nursing fathers of it , and that the feet of those that brought the glad tydings of peace should be beautiful upon the mountains , which mr. calvin applyeth to the bounty and munificence of princes to the church , isa . . but for the first years , what could rationally be expected from the professed enemies of christianity ? no other honours than cruel persecutions whilst the persecuting fury lasted , whilst they were burnt in usum nocturni luminis , as tacit. the historian hath it . the ordinary sentence was , toeda lucebis in illa qua stantes ardent & fixo gutture fumant , juven . but no sooner was gentilism abolish'd , but we have a new and smiling face of affairs under the happy reign of constantine the churches great patron , as well as the clergies friend . and henceforth the primitive piety was not wanting , who thought no honours or powers misplaced upon their spiritual fathers , for whom they judged nothing too dear . all histories ring of constantines kindness to his clergy , by whom the most weighty affairs of his empire dureing his time was most happily transacted , and that most of his successors wrote after his copy will appear by what follows ; for it were very easie to muster a little army of fathers engaged in secular employments . we read zozomen l. . c. . that epiphanius bishop of cyprus , a person of singular vertue , prudence , and piety , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a man busied in political matters , theodoret reports l. . c. . that one jacobus bishop of nisibis or the mygdonian antioch was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , bishop , governour , and captain of the same city . in baronius , a. . i find that john patriarch of alexandria was accustomed to sit twice a week and judge between those that were at variance , and to reconcile them , and once when none came to him , he departed weeping , that all that day he had done no good , but sophronius replyed , that he had more cause of rejoycing than of weeping ; for having brought the city to such good order , and to so great peace , that they were more like angels than men , having no differences left , but were all in friendship and amity . a rare example to the immortal fame of an exclesiastical judge . we all remember that sir thomas moore commanded it to be scored up as a wonder , that he had once been able to clear the high court of chancery from suites , and not one cause to remain unheard : but here we have a populous city ( hardly short of any in our nation ) by the pains of a good bishop , without any charge to the litigants , reduced to a perfect unity within it self . but wee will pass over such obscure names , whom it were endless to reckon up and select only a few , whose eminent labours have eternized them to posterity , and begin with st. ambrose , who flourished a. c. . and to his conduct and government was the great city of milan entrusted , so that st. austin . conf. l. . c. . complains that he was a long time kept from access to him secludentibus me ab ejus aure atque ore catervis negotiorum hominum quorum infirmit atibus serviebat ; he had whole troops of suiters about him to dispatch their worldly business . the next shall be that great affrican light st. austin , who ep. . hath this passage , homines quidem suas saeculares causas apud nos finire capientes , dum iis necessarii fuerimus , sit nos sanctos & dei servos appellant , ut negotia terra suae peragant aliquando agamus negotia & salutis eorum non de auro , non de argento non de fundis & pecoribus pro quibus rebus quotide submisso capite salutamur ut dissentiones hominum terminemus . he saith he was every day sollicited to make up some breaches about gold , silver , land , cattel , &c. and yet where have we found a more faithfull and assiduous preacher and pastor than this good father ? were any more engaged in contests with hereticks , or any that left a larger legacy of his learned labours to the church ? i dare challenge any before or since the churches reformation , who have done the like , and who will say that the good father had mispent his time , that had better been laid out in painfull preaching to his flock ? whereas we all know that preaching is but a very small part of the ministers calling , yet of late times it hath been made by some to swallow up the rest of the ministers duties as necessary and essential to his callings as that can be ; and have observed also , that some ministers themselves , otherwise good men , have been a wanting to themselves and the church , in complying too much with a sort of men amongst us , whose interest it is to draw all causes into their own courts for the support of their own grandeur and faculty ; whereas otherwise those suites and causes might perhaps with little or no charge have been more speedily , yea and satisfactorily determined . our last instance shall be in gregory the great , de cur. past , ( with who some close the good popes ) whom we find complaining that sub colore episcopatus ad seculum retractus sum in quo tantis terrae curis inserrio quantis me in vita laic a nequaquam deseruisse reminiscor . he was never in all his life time so encumbred with worldly business , as after he came to be a bishop ; but he afterwards adds that , et si cogamur terrenis negotiis intendere , mens tamen nostra saeculari varietate non delectatur , sed tota in unum currit , atque confluit finem . though he was forced to do this for the good of his people , yet he took no pleasure in it , and his mind was taken up with better things , for all agree that these must not be undertaken out of love to them , but christian charity and compassion to the oppressed , aug. de civ . dei l. . c. . now these imployments were conferred upon those father 's not as bishops but as subjects more eminently qualified than others , both by their prudence , experience , and integrity , as well as humane learning . but three there are ( in which they did principally engage ) and which may seem most agreeable to their coat : first , to be in the commission of peace ; and to speak impartially , who fitter for such a work than they , whose business and calling it is to reconcile those that are at variance : and this was the design of the ancients , though at first it began in a way of charity ; yet being found profitable , it was upon mature deliberation by the christian emperors confirmed , particularly by constantine , zozom . lib. . c. . who leaves it free to any , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . valens and valentinian enlarged it and intrusted them with the rates of commodities sold in the market , cod. l. . de aud. ep. tit . . their jurisdiction i confess hath been in several ages various , sometimes more sometimes less as the emperors were more or less favourable to the church , whoever kept the soveraignty in their own hands , constantine was the first that passed the royal grant in favour of the clergy , permitting the cognizance of all civil matters , even between laymen to the episcopal tribunal if either party did require it , though the other denyed his consent , and their appeal was to be obeyed by the magistrates whenever made , though the action was already commenced in another court. arcadius and honorius did a little retrench this unlimitted power , yet still allowing it by the joint consent of both parties , and making the bishops as it were referees , l. si quis ex consensu . de aud. episcop . and their decision to be binding and final without appeal . this law was after ratified by theodosius and justinian l. episc . c. eod . nay this latter emperor justinian reposed so much confidence in them , that he made them overseers of the secular judges , novel . const . . this then has been the practise of that pure and primitive age , and the greatest enemies the church had , could never deny but that the bishops have had their tribunals for above these years erected by constantine , confirmed by arcadius and honorius , theodosius and valentinian , &c. only some curiously mince the matter , and allow them power to hear causes , and to become referees and umpires by the consent of both parties , but yet they will not hear talk of any coercive jurisdiction , though as eminent civil lawyers as any are , attribute it to them , and particularly accursius interprets audientia episcopalis , a term frequent in the code by jurisdictio ; and constantine forbad expresly the greatest prince in the empire to revoke what once the bishops had decreed , euseb , vit. const . l. . c. . in process of time the magistrates having encroached upon , and almost outed the clergy , charlemaine revives that good old law of constantine , confirming the same jurisdiction to all bishops , repeating the charter word for word , car. mag. in capit. l. . c. . what the practise was in our own country of england shall god willing be made out in what follows , wherein i doubt not but to give abundant satisfaction of the factum that the clergy were employed as much as the laity in the decision of secular causes , so far as we have good authority and record in the times of the saxons , and so downwards till our late and unhappy divisions , &c. which god grant may be ever buryed in oblivion , and that we may never live to see the same again . secondly , to be of the privy council , where frequently cases of consciences relating to state-matters may arise : as suppose there be a consultation about a war or marriage , the lawfulness or unlawfulness thereof , must be judged in foro conscientiae , and so is the proper subject of a divine or clergyman ; and perhaps the thing will not bear so much delay , as to summons prelates together for advice nor reason of state to be so much published , for want of such knowing and religious counsellours , princes may often be entangled in unjust massacres , and rash wars , and innocent blood be spilt , which otherwise might have been prevented : and for prevention whereof the godly prudent princes both of our own and other nations have ever admitted some spiritual persons to their counsel tables , and closet debates . to the good advice of bishop fox of winchester we owe the union of the two kingdoms of england and scotland ; for the other privy counsellors advising king henry the th to marry the eldest of his daughters to france , the more noble and rich kingdom : the old and wise bishop adviseth his majesty the contrary , at which the king seeming somewhat surpriz'd , the bishop gave him this as the reason of his opinion , that by marrying the elder to scotland , that kingdom would be brought to england , and old enmities reconciled and for ever buryed : whereas on the contrary england being under france , we should have here been ruled by a french liuetenant of deputy , which the english he doubted would hardly brook , and perhaps our government and laws by reason of their unagreeableness to the french , might have been attempted to have been changed into those of france , which the english man ( his opinion was ) would hardly bear : whereas those of scotland were not so much differing from the laws and customes of england , and t was to be hoped the two nations would better accord together than the english and french would . the good event of which counsel we have seen with our own eyes , and may it long continue . it is recorded of constantine that he would not in any wise dispense with the absence of his bishops from him , who had he lived in our prophane age , the churches enemies would have said that the good emperour had been priest ridden , a well-meaning man but not overwise : but the good emperors joy it was to see his court to be as it were a church . nay so much use of these holy men he made , that he made them follow him in his journeys and warlike expeditions , euseb . de vit . ejus l. . c. . idem l. . c. . so that we read in peter blesensis ep. . ad alex. . how he proves at large there , that it is not only lawfull but very expedient for prelates to be in the courts and counsels of princes upon such like important reasons as those are , and therein excuses the bishops of winchester , ely , and norwich . thirdly , to be employed in treaties and negotiations of peace and commerce , and this both the ancient and modern practise will justifie , that none have been more frequently or more successfully used and employed in such messages than the ambassadours of christ : solemn embassies cannot be expected before the magistrate embraced the gospel . but in the very beginning of the th century we have maruthas bishop of mosopotamia sent embassador from the emperor of rome to the king of persia , socrat. l. . c. . presently after theodorick dispatcht epiphanius bishop of ticinum or pavia to gunebald king of the burgundians , eunoch . tisin , vit . epiphan . who at his request released great numbers of poor christian captives . then we have st. ambrose sent by valentinian to maximus that commanded the british armys , to desire peace , which he happily effected to the great contentment of his master , ambros . ep. . l. . where he mentions an other embassy wherein he was imployed . i might add st. chrysostome imployed to treat with gainas as baronius informs us . john bishop of rome commissioned by theodorick to justine the emperor , niseph . with multitudes of others in latter times , whereof if i should give instance some perhaps would reply upon me that those were times of popery and ignorance ; yet perhaps of more candid simplicity and honesty than the times wherein we live ; and for the moderns the time would fail me to speak of our own and neighbour nations ; for this continued the universal practise of christendome till sincerity gave place to hypocrisie , and that new definition of an embassadour came up , that he was , vir peregre missus ad spetiose mentiendum reipub. causa . a good man sent abroad to tell specious lies for his countries service . then indeed it was high time for these holy men to resign up these employements to others whose education and course of life better became them . thus we have seen both ancient and modern usage on the clergys side , the uninterrupted practise of the world for above years before and under the law in the purest times since the gospel all sorts of men both pagan , jewish and christian , allowing it in their practise , and none ever questioning it , save some late , and those few innovators , who though they have disclaimed the infallibility of the church of rome , seem to stick a little to close to that of geneva or scotland , we have heard the most eminent amongst the fathers engaged by their princes in secular employments , and if yet still this must be an error , sit anima mea cum patribus , i dare cast my lot on that side . 't is confest 't is pitty that any should be misled by authority , but 't is most miserable not to be moved by authority . this then being the factum or usance as is evident , let us a little in the next place examine the jus of it , and for any fanatick to except against it , is a self-contradiction , since their avowed principles and dayly practise allow their teachers to follow any other calling , either of camp , country or city without control . but it is the rigid disciplinarian who takes the most offence at it , and therefore to him we shall address our selves , and for once suppose him to be of the little commonwealth of geneva , and to have the best parts , and to be master of the best head-piece amongst them . if the senate or syndi● should commission him to decide a difference between his quarrelling . neighbours , or send to him to advise with him about a war with their great enemy the duke of savoy , or engage him to solicite at the court of france , or at the suisse cantons as a publick agent , there being none more likely to prevail in such an embasie than himself ; and the little commonwealth otherwise would be in danger to be lost . in this case should he be heard pleading the inconsistency of his holy profession with such an imployment , and thereupon return a denyal ; if so , then the magistrate will be an ill condition , who must be obeyed in nothing more than the others calling enjoins him whether commanded or no , and his being a spiritual person will make the civil magistrate loose the service and use of his subject : a thing yet which the most eminent amongst them have not declined ; for that neither mr. calvin formerly in the one , nor mr. henderson of later times in the other , have not scrupled greater matters . but let matters be made never so clear , it may be feared that the vulgar have taken up such prejudices from the inexcuseable business of some late preachers here amongst us interesting their very pulpits in state matters dureing our late troubles ( a practise never sufficiently to be condemn'd ) that all perhaps may be bound to their good behaviour for a while for the miscarriages of these men , who have been so notoriously guilty of the supposed crime , they have been guilty of in their preaching against it , and chargeing it upon other men , who never ( as they did ) engaged in any thing of that nature , but when they were commanded to it by the magistrate : though 't is hoped that all learned and judicious persons will be more considerate , and distinguish between the frantick madness of a few giddy pates , and the sober actings of eminent prelates commission'd by lawfull authority , and not take an advantage from the miscarriages of this other sort of men to bring an irreparable injury on posterity by debarring others more sober than they . it is a true saying and confirmed by the experience of many hundred of years . laici sunt semper inimici clero . when the world was pagan , the devil taught the multitude to cry out if any publick calamity hapens , that the christians were in the fault , and they must to the lyons : but now the cunning sophister hath changed his note , and if any thing be amiss either in church or state , presently the blame must be cast upon the clergy ; they must be sacrificed to appease the many-headed multitude , their lands sequestred or sold , and all places of honour and trust interdicted them ; certain we are , the qualifications of a bishops calling do not in the least incapacitate him such employments as we have been speaking of : for ( . ) 't is required that he be vitae probatissimae , of an upright unblameable conversation . ( . ) nullius criminis reus . ( . ) aetate gravis , well stricken in years . ( . ) doctrina praestans , excelling in learning , with many other of the like nature . now if these are not kept , they have the more to answer for whom it concerns , if they be observed , will not any one who reads this , conclude no persons more fit than they for the most weighty affairs ? for all polititians make integrity , prudence , and learning the principal ingredients of an accomplisht magistrate ; so that if aptitude be respected , we may safely affirm there are none better qualified for counsel than the clergy , whose education and institution hath enabled them to look into all the idaeas and models of government ; to search the depths and mysteries of empires , most of which are lockt up in strange languages , and 't is not every capacity that can gain the key . then for true politicks ( the late florentine's reaches let other men learn and admire ) there 's as much to be found in the historical part of the scripture , as in any books in the world , so that divines may in all probability make good statists . and is it not pitty then that their countrys should be deprived of such hopefull and eminent abilities ? doubtless those of the contrary opinion do not throughly weigh the consequences of their assertion , clearly leading to disjoin the church from being a part of the commonwealth , which for years and better have been happily united ; if the bishops and other spiritual persons who yet by their revenue are so considerable in the commonwealth , must no longer be lookt upon as citizens , or parts of it , and eo ipso be debarred from employments , but incontinently forfeit all their priviledges as such , the consequence i presume would not be very good . chap. iii. some authorities from scriptures , and the canons of the antient church seemingly contradicting the former position explained . and yet for all this we confess we find many good men are strongly perswaded that ecclesiasticks ought wholly to be excluded from civil matters : an opinion indeed much pretending to humility and self-denyal , and receiving some countenance and colour from scriptures , the practise of three first centuries , and some canons of counsel which must be the subject of our next consideration . the text that is most insisted upon is , tim. . . which being mistranslated by the vulgar latine militans deo begat greater prejudice in the minds of many . first , then we may take notice that the sentence is general , and belongs to every calling and sort of men , though in a more peculiar manner 't is referred to the preachers of the gospel , yet none can plead exemption , but others are willing to slip their necks out of the collar , , and the clergy only must be tied to it , whom for the present we will grant to be principally concern'd . the stress of all lies upon the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which theophylact expounds by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the tumults and confusions of this life , corn. a lapide saies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are such employments as concern food and rayment , and instance in these agricultur ; mercatura & artes mechanicae . now who does not readily approve of this , and judge it very improper that a preacher should be a merchant , a plowman or a mechanick , do not both common and cannon laws forbid the same ? estius has much to the like purpose , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. quae quis exercet ut habeat unde vivat , and therefore quotes to this purpose a saying of ambrose , indecorunt est homines 〈◊〉 〈◊〉 〈◊〉 qui militant deo , this then rather flies in the face of them that permit their preachers to put on blew aprons , and make them such sordid allowances , that they must either work with their hands or starve , seeing it is not comely that the lords warriours should busie themselves about inferiour matters that tend to get a livelihood , and so valla render it , not negotiis but negotiationibus , when our saviour employed fishermen to preach his gospel , weak instruments to confound the powers of this world , though he furnished them with suitable abilities that they needed not to study , yet he made them leave their nets , and not use them as their ordinary profession . but lastly , and most satisfactorily , the apostle here makes a comparison between prophane and spiritual warfare , and therefore the better to understand the genuine sense we must consider what military discipline did require , veg. l. . says that by the laws of war he must not have any private affairs committed to him , nor mind his own gain . hence we read in florus of the romans severely proceeding against posthumius for imploying his soldiers to till the ground , vid. leg. arcad. & honorii tit. miles . and leo the emperor says expresly , those that are armed and maintained by the commonwealth must only mind publick affairs , and not till the ground , keep cattel , or traffick , l. mil. c. de re militari l. . all avocations were inhibited , and such matters as tended only to the publick good enjoyned them , and why then should not the same analogy hold here , and such affairs be permitted to the clergy , as tend to the good of the church , and the glory of their great commander . next we are urged by the apostles practice who were so tender of any interruption that they denied to attend upon tables , and make provision for the poor . 't is true , in the infancy of the church , when the gospel was to be published all the world over , the work great , and the labourers exceeding few , the least diversion at such a time would prove a considerable hindrance and destraction to them . but now when the lord of the harvest has encreast the number , and plentifully furnished his peaceable settled church , every village being now supplied , and if the complaints of some be true , the nation so overstock'd , that there 's hardly employment , much less maintenance for the multitude . in this case to make no difference of times , when the mercifull providence of god hath made so vast a distinction seems little agreeable to reason . but if from this , occasion must be taken presently to forbid every petty interruption and disturbance ; how came st. paul to contradict himself , and to follow his tent making , labouring with his hands for a livelihood , which must needs take up a good part of his time , and hinder his praying and preaching . add to this , that the seven deacons appointed by the apostles to succeed them in the care of the collections , were according to epiphanius of the number of the disciples , and yet for the publick benefit , their constant preaching was now and then dispenced with to attend on tables . thirdly , they argue from the canons of the primitive church , prohibiting clergy men to judge and intermeddle in civil matters , or any causes secular ; the prohibitions of this sort are many and various , they may be seen in balsamon , zonarus , binias , &c. it would be an infinite task to give particular answers to each canon , and therefore i shall lay down some general rules , which may the better conduce to the understanding of them all , which if well applyed will make an abundant solution to that so complicated an objection . and here i cannot but admire the modesty of the primitive church , and the charity of the people the earnestness of princes in commissioning of spiritual persons to compose all emergent differences , and the forwardness of the oppressed in flying to the tribunals for justice , whereupon the holy fathers in process of time to take off their clergy from those affairs made sundry and severe canons in divers counsels , and therefore ( . ) 't is clear , the great design was to forbid ambitious seeking after , and voluntary engageing in secular matters for sordid ends , and out of covetous principles , and this may probably be collected , because we find a dispensation given when imposed by the supreme magistrate . in the counsel of sardis t is granted upon the motion of osius , si religiosi imparatoris literis vel invitati vel vocati fuerint , and undertaken in obedience as causes of piety and charity , overseeing widdows and orphans , provided it extended not to the notorious neglect of their religious callings . and thus justin martyr calls the bishop the great steward of all the poor , apol. . the contributions of the faithfull being laid down at his feet , and by him distributed . and ignatius ep. ad polycarp . calls the bishop the great trustee of the widdows . ( ) 't is not a total prohibition , but only a prudent restraint , least animosities and jealousies should arise in the laity , by too much encroaching upon their courts , and therefore the wisdom of sundry counsels confin'd the clergy to such matters as were properly of ecclesiastical cognizance . but ( . ) the ground and reason of these interdictions was not the unfitness and incapacity of spiritual persons , but out of respect to their eminent callings , least they should be disparaged by mean and vile employments , and express mention is made of sordid offices about princes and noble men , as of stewards , bailiffs , &c. but when by the favour of princes their employments were honourable , and their temporary diversions did bring abundant recompence to the church ; we find those that had the principal hadn in enacting these canons themselves engageing . now can it be supposed , if this had been the meaning , they would have been guilty of so great a contradiction , and no future counsel reprove it . st. cyprian much confirms me in this opinion , l. de lapsis , is perswaded that god sent the great persecution under decius onely to awaken the christians , who were growing exceeding corrupt , especially the clergy ; for he there complains that the bishops themselves abandoned their holy functions , and dealt in matters of the world , haunting marts and fairs for filthy lucre sake . and much to same purpose we find in writers of our own country , as gildas , bede , &c. but to make peace between quarrelling nations , to compound differences amongst christians , and such like , tending to the honour of god and the glory of the gospel , which may be often practised without detriment to their spiritual charges , i never find these expresly forbidden , or such as engaged in them , as cyprian , austin , chrysostom , gregory , bernard , &c. condemned ; for st. paul became all things to all men to gain a soul : will not the example bear his successors out , if they go to the utmost verge of their christian liberty , still keeping on this side sin , to preserve kingdoms , the churches peace , and to prevent the effusion of christian blood , their absence some days from their private charges will be abundantly recompenced by such happy consequences . chap. iv. the ancient estate of the clergy and priests in this and other kingdoms . we have before intimated that the prudent piety of the first christian emperours , for the better encouragement of religion and learning did confer many and great priviledges and exemptions upon their clergy in those primitive times . come we now to manifest that the franchise , of our brittish church , were neither short for number or extent , and that they a reall confirmed by magna charta without restraint , the words are we have granted to god ; and by this our present charter confirmed and for our heirs for ever , that the church of england shall be free , and have all her whole rights and liberties invitolable , all the nation being content to stand accursed if this grant were at any time infringed . you may see in ancient authors the manner of its publication ( viz. ) the king , prelates , and peers , &c. came with burning tapers in their hands , throwing them down on the ground , and saying , so let his light be extinguished in the other world , which shall go about to break this charter and agreement , yea more if any thing should be done against it and contrary to it , it was ipso facto declared void , . edw. . c. . and must magna charta be violated only when the clergys priviledges are invaded , why shall it not stand firm and good for them , and on their behalfs , as for the laity ? did not the clergy labour as much as any for the procurement of it ? nay were they not they who procured it from the several and respective kings ? let us desire the enemies of the clergy to see their own cronicles , and they shall receive satisfaction . now what the liberties of the church were , to set them down would ask a volume ; the lord chief justice cooke says expresly , they had more and greater than other of the kings subjects , some few he recites , as that they were discharged from purveyances , tolls , customs , distresses by the sheriff in the old inheritance of the church , with others of the like nature . it might fetch tears from some to look back upon the piety and charity of our saxon ancestors who in their greatest impositions ever held their ecclesiasticks excused , no part of that insupportable tax of danegelt , under which the kingdom so much groaned , being ever paid by them , vid. spelm. gloss . in danegelt . and it may be made appear that till after the conquest ( the tenure of their lands being at that time frank almoigne ) they were ever priviledged . for king ethelwolf in a full convention of his states at winchester , ann. dom. . enacted that tithes and church lands throughout all his dominions should be free from civil burdens and exactions , as much as royal tributes great and small , vid. spelm. concil . ad annum dictum . but dureing our late intestine wars , how unequal were quarterings and contributions ? what heavy burthens did the poor clergy bear , no redress being found to their bitterest complaints from the lay judges , who in some places made sport at their miseries and oppressions , as if nothing had been too hard or insupportable for their shoulders ; now those days through mercy are over , and must be forgotten , to receive almost in all places the same hard measure from their pretended well-wishers , this strikes to the very heart . when no regard is had of all their past sufferings ; first-fruits , tenths , ( no small standing revenue of the crown , amounting as some compute to near l. per annum ) which they joyfully discharge , but they must still be left to the arbitrary disproportionate impositions of every domineering insolent officer : the consideration hereof hath convinced many ( formerly of a different perswasion ) that 't is not only usefull but expedient , yea necessary for the church , to have some of his own ordering power to protect them , and to hear and redress their just grievances . but what further concerns the clergys priviledges and just rights , being so learnedly handled by the immortal spelman ; and the general ones so fully collected by rebuffus de stud. priv. and others , i shall not here any further enlarge upon them . the grand concern at present , and which we principally design is , how far they were priviledged as to publick assemblies and state consultations . and that the holy constantine , and many other famous kings and emperours have made use of their advice both at home and abroad , employed them in embassies and other important transactions hath been already demonstrated . and here in the first place , if such an argument could hope to sway with us christians , it would soon be proved that those who attended the worship of the heathen gods were admitted in greece , the then most knowing and civilized part of the world , into their pan-aetolium and amphyctionian counsels . amongst the athenian areopagites and roman senators , and that the old gauls divided their states in druidas ( who had omnium rerum immunitatem ) equites , plebem , as the egyptians before did into priests , soldiers and tradesmen . but leaving gentilisme we will hasten to christendome : and here once for all , desire our reader to consider , that by the fundamental constitutions of the most and best settled nations in europe , there are three states generally settled whereof the clergy is ever one : now to make this good , though we might produce variety of instances , yet we shall content our selves with the single testimony of calvin alone , knowing that it will go farther with some , than a jury of others , this we find expresly asserted in his institutions , l. . c. . sect. . in singulis regnis tres sunt ordines , &c. which how to make up without the spiritualty will be hard and beyond my skill . in our neighbour nation of france the practise is notoriously known , the ancient stile of the royal edicts always running , as 't is recorded of pepin , ann. . per consilium sacerdotum & optimatum ordinavimus , per consilium sacerdotum & optimatum ordinavit carolamanus , thuanus passim . it might farther be noted that six prelates are here pairee of that great and famous kingdom , three of them being stiled dukes , and three counts , see seldens titles of honours , and yet the whole number of the pairee exceeds not twelve . as likewise the arch bishop of paris hath a peculiar indulgence in being present in every court of that royal city without exception chappinus . look we into hungary where thwroczius informs us that by the fundamental constitutions of king stephen , the bishops in concilio regis primi adsistunt . poland comes behind none in its reverence and respect for their clergy , where the arch bishop of gnesna is primas regni & princeps primus , stanis . kristanowick in discrip . polon . whose jurisdiction is not limited to the spirituality alone , but hath the chief place in the rank of the senators assigned him , and is of the greatest authority in all publick consultations : and when at any time there happens an interregnum ( as it frequently doth in those elective kingdoms ) it belongs to him to summon a dyet to give audience to forreign embassadours , and to appoint a time and place for the election of a new king. our author farther enlargeth this to have proceeded from the piety of the popish kings towards the church , that the sons of it should for ever hold the highest places in their conventions , with many other priviledges which to this day they enjoy in his own words , [ and he no clergyman neither , but a lawyer ] maxime illius regni commodo , emolumento , adjumento , addo & ornamento . cromerus another historian of that country adds , that there is ever a royal standing council assigned the king , of which there is to be two arch bishops , and seven bishops . and how considerable a number in all the german dyets the ecclesiasticks are panvinius is a witness beyond exception , who reckons thirty four bishops that have their votes there besides abbots , priors , &c. who pass for religious persons , and in the septemvirate we find no less than three clergy-men , mentz arch chancellour of germany , coln of france , and triers of italy . i shall wholly out of this collection omit spain and italy , as being such known vassals to the pope , where the clergy rule the roast . but one word dashes all this [ with some ] they are papists , a doughty argument to condemn any thing though backed by never so strong reasons : and let us examine how matters stand with others , andreas bureus in his description of sueden , acknowledges that the ecclesiasticks were heretofore the prime men in the senate , till the covetousness of gustavus the first despoiled them of their revenues : yet since the reformation , they still to this day retain their suffrages in all publick dyets of the kingdom . and when the new crowned king makes choice of his counsellors , the arch bishop of upsal is still the first , who is allowed a greater proportion of attendants , when he comes to the king than any noble man in the nation , no fewer than forty horse being permitted him ; whereas the retinue of the other noble men must not exceed thirty . and in the great assembly at lincopen , ann. . we find both bishops and other ecclesiasticks . and as to denmark , pontanus recites seven bishops as the ecclesiastical nobility , and these have their votes in all grand meetings . jonas ab elvervelt distributes the states of holstein into three orders , . king and princes . . prelates . . the families of the nobles . and he makes the bishops of lubeck and slewick the two prime peers in all their dyets . in scotland it is known that anciently the bishops and prelates were essential members of the parliament , and had their seats as ours here in england on the right hand of the king : and in a parliament held at edenborough , ann. . a vote passed for restoring the clergy to their original priviledges , as the third estate in that kingdom ; the learned prince king james condemning that act of annexing their temporalities to the crown as vile and pernitious , basil . dor. l. . p. . then for geneva it self , who is so much a stranger to that reformation , as to be ignorant what a stroke calvin and others had upon the senate or grand counsel , which gave occasion to that complaint of some , that they had expelled one bishop and admitted many . if remote countries be to be regarded , amongst the abissines the clergy is paramount in affairs of all natures , and we read in damianus a goes of zaga zaba an ethiopian bishop viceroy of bagana sent embassadour to the king of portugal , dress . orat. in muscovy their supreme convention , which those inhabitants call zabore , consists of the great duke , twenty ecclesiasticks , and as many nobles , the common people being wholly excluded ; and when they are met together , the patriarch and ecclesiasticks are always first consulted , and first deliver their opinion . i shall conclude this paragraph , onely reminding , that neither the pagans nor mahometans are so inhumane or irreligious , or discourteous to their priests as to deny them this liberty : for that tully acquaints us that it was the appointment of the gods , that the roman pontifices should not only take care of their religion , but further sumnis reipub. praeesse voluerunt , orat. pro. dom . sua . nay at this very day the barbarous turks never exclude their . mufti , but allow him free entrance , and vote into all their divans and counsels ; yea the great sultan himself so honours the mufti , that as often as he comes into his presence , he rises from his seat , and according to their mode , putting his hand to his breast , bows his head in token of reverence and honour , which he shews not to any other subject , and will hardly vouchsafe the like honours to the mightiest monarch upon earth . chap. v. englands more particular respect and kindness to the clergy . i might here be very large should i but give the world a brief account of the honour which our saxon kings had for their clergy , neither was this a matter onely precarious , and by the courtesie ( as we say ) of england , sed ipsis confirmatum legibus , spelm. concil . ep. ad regem . the person who ministred at the altar was esteemed equal in all things in censu pariter capitis , to the lord of the mannour or any knight , leg. aethel . c. ult . de wirgildis . the abbot was esteemed no less than a greater thane which now we call a baron of the kingdom . the bishop of no inferiour rank than the count or earl , qui integro fruebantur comitatu . the arch bishop equal to any duke , who might happen to be set over , and have the rule of many countries ; for that saith the learned spelman , in these times our kings gave always the greatest respect and honour to their clergy ; for that in their keeping were the keys of learning and knowledge , the seculars in the mean time addicting themselves most what to the wars , so that in those times it came to pass that the priests mouth was the oracle of our common people no less than of the king and commonwealth ; for that they had ever the first place in our commitia's and assemblies , no less than in the kings courts of justice , and law tribunals in the kings palace with the nobles of his kingdom in the counties with the comittees and justices of the counties , in the sheriffs courts [ turno vicecomites ] together with the sheriffs , the bishops had their adsessors , yea in the hundred courts , they or their ministers sate together , with the lord of the hundred : so that one sword was ever helpfull to the other in the administration of justice , and nothing of moment was done in these courts of judgment , but by their advice and assistance , spelm. l. prius citat . the practice of the kingdom ran parallel with the law ; for in all antient charters and laws which heretofore were passed and made by signing their names cum signo crucis , the spiritual lords ever preceeded the temporal . in a donation of ethelbert , a. d. . to the monastery of st. peter in canterbury , the first witness subscribing it , is austin the bishop , and after him several dukes and earls , monast . angl. & spelm. conc. passim . in a charter of king inas , ann. dom. . to the monastery of glassenbury , after the bishops , boorthwald and fordred , occur waldhere , ethelherd , ummin and winchelin , the greatest peers in the nation putting their names . not long after in a grant of king offus to the abby of worcester , ann. dom. . brotdran , berthand , eadbald , and eadbald , two princes , and two dukes , follows the bishops . and at the same kings consecration at st. albans , ann. . no less than dukes , besides other nobles give place to the prelates . and to make an end , in a charter of king edward the confessor to the monastery of winchester ; immediately after the king subscribed plegmund and frithestan the bishops , being followed by ethelward the kings brother , aethelstan , aelfweard the kings two sons , oredluf , orced , brorh●●●f and heerferth dukes , many more of this nature might be produced out of the same authors , and others , as standing monuments of the clergies reputation , and the reverence our religious ancestors bare to their functions , particularly the third charter of king edward the confessor of the foundation of the abby of westminster , where more particularly we find osberne and peter two of the said kings chaplains , signing the charter before several of the earls . and furthermore , here is statute law in the case that this usage may not be thought to proceed meerly from the curtesie of england , 't is confirm'd by the statute of the hen. . c. . wherein all degrees and offices are placed in assemblies and conferences , and there the arch bishop of canterbury as primus par regni the first peer of the kingdom is ranked before all the nobility , and seated at the kings right hand , next and immediately after the royal blood , and the vicegerent , and the rest of the bishops follow him in their due precedency , according to the dignities and aunciencies of their respective sees . see farther , the statute of . of eliz. c. . where in that statute they are called an high , and one of the greatest estates of the kingdom , nor were they ever excluded from the greatest employments of honours and trust in the kingdom , and to evidence , that this is not spoke without book , we will subjoin a catalogue of churchmen collected out of godwin , malmesbury , spelman , dugdale , and others , &c. that have born all , at least the most honourable offices of state , and ( how ever bespatter'd by some ) discharged them with much integrity and repute ; england owing more of its happiness to men of this calling than any other , though it cannot be denyed but some miscarriages might be here and there found , and yet as few as can be expected in such a multitude : and if a man were disposed to find fault , he might without much pains takeing two for one in critically examining any other profession . let us begin then with englands metropolitan , to whom this primacy justly appertains , and take the rest in order , onely premising this , that t is true indeed we find fewer of this see upon the civil stage than any other , most offices being lookt upon as below the archiepiscopal dignity , and therefore a nobleman upbraided hurbert arch bishop . when he was made chancellour of england , chief justice of england , and high governour of all the dominions under king richard the first , however we shall begin with his person and see. canterbury . hubert under richard . and king john , who intrusted the same prelate with the government of the whole realm at his departure into normandy . gualter , reynolds chancellour , ann. dom. . john stratford chancellour under edw. . and when the king invaded france , no person thought so fit in his absence to have the government of the nation entrusted to him . simon islip of the privy counsel to the edw. . john stafford to hen. . john morton to hen. . and edw. . but we need not stand upon this , when in truth it hath been seldom known that any of them have been at any time omitted : nor was this proper only to the times of propery : come to the reformation , we find arch bishop cranmer of the privy counsel to hen. . and edw. . and very active in civil matters , yet a man so averse to rome , so instrumental in planting the gospel , so laborious , so holy , that a great apocalyptical man mr. brightman , in his commentaries oa the apocalypse [ a man no friend to the hierarchy ] takes him to be that angel pointed at by god , rev. . that had power over the fire . under the renown'd queen elizabeth , john whitgift of the council , and had the government of the principality of wates given to him . york . waler gray chancellour under king john , had the government of the realm entrusted to him under hen. . william de melton successively treasurer and chancellour of england , . william de zouche vicegerent to king edw. ann. dom. . john kemp , ann. . twice lord chancellour . and thomas young lord precident of the north , an. dom. . london . there was not long since to be seen in st. pauls the monument of william bishop of london , who obtained from the conqueror the city charter , to which the lord major and his brethren the aldermen used in a gratefull commemoration every year to walk on foot : he was privy counsellor to king william the conqueror . mauritius chancellour under the same king. eustachius de falconbridge one of king rich. . his justices , chancellour of the exchequer , treasurer of england , and twice embassadour into france . henry de wingham chancellour under edw. . ralph boldoc under edw. . richard bintworth under edw. . robert braybrook under rich. . richard cox dean of westminster ( whom i crave leave to name here as belonging to the diocess ) of the privy counsel to edw. . and bishop bancroft sent embassadour to embden , to treat with the king of denmarks commissioners , ann. dom. . durham . geoffrey rufus chancellour of england , ann. dom. . richardus de marisco , ann. dom. . anthony beake of the privy councel , ann. dom. . richard de bury cancellarius , ann. dom. . and treasurer , ann. dom. . thomas langley chancellor , ann. dom. . thomas ruthal of the counsel to henry . and as his monument at westminster testifies , secretary to hen. . richard neyle of the privy council , a. d. . and here we cannot omit that known passage of newbrigensis , who brings in k. richard , making himself merry with the bishop , boasting what a feat he had done , e vetusto episcopo novitium comitem ego mirus artifex feci , to make a new count of an old bishop , a priviledge yet continued to that ancient see. winchester . swithan chancellour of england under k. egbert , ann. dom. . william giffard chancellour under the conqueror , william rufus , and k. henry . peter de la roch. lord chief justice under k. john. sendall chancellour , . william edenden treasucr under edw. . william of wickam , founder of new colledge in oxon , principal secretary of state , keeper of the privy seal , master of the wards , and treasurer of the kings revenues in france , ann. dom. . william wainfleet founder of magdalen colledge oxon , for his great wisdom and integrity long lord chancellor of england under hen. . richard fox ( founder of c. c. c. oxon ) one of the privy counsel to hen. . ( as prudent a prince as this nation hath known ) and this bishop as wise a privy counsellor as he a prince ) continually employed either in matters of counsel at home , or embassies and treaties abroad . ely . william longchamp chancellor , ann. dom. . after chief justice and protector of the realm , when k. richard the first undertook his journey to the holy land. eustacius chancellor , ann. dom. . john hotbam chancellor , ann. dom. . simon laughan , and. dom. . first treasurer , then chancellor of england . john barnet treasurer , a. d. . john fordham treasurer , ann. dom. . william gray treasurer , ann. dom. . john alcock chancellor , ann. dom. : and thomas goodrick chancellor under edw. . lincoln . robert bleuet chancellor under the conqueror , ann. . alexander under k. henry the i. lord chief justice of england . galfridus chancellour , a. d. . hugh de wells chancellour . ann. dom. . walter de constantiis chancellour under hen. . and dr. williams dean of westminster , and after bishop of this see made lord keeper by the learned k. james . coventry and lichfield . roger de wiseman keeper of the great seal , ann. dom. . william de langton treasurer , ann. dom. . roger northbrough clerk of the wardrope , afterwards treasurer , ann. dom. . geoffrey blyth lord president of wales , ann. dom. . rowland lee his successor in the same office , ann. d. . richard sampson in the same , ann. dom. . william smith founder of brazen-nose colledge oxon ; in the same under hen. . sarum . osmond chancellor of england , always of the privy council , and seldom separated from the court , under the conqueror . roger chancellor , . and under k. stephen , ann. dom. . john waltham master of the rools , keeper of the privy seal , and after treasurer of england under richard the ii. nicolas bubwith treasurer , ann. dom. . william ayscoth clerk of the counsel , ann. dom. . bath and wells . robert burnet first lord treasurer then chancellour of england , and always of the council under edw. i. john drokensford keeper of the wardrope , ann. . robert stillington first keeper of the privy seal , then chancellour , ann. dom. . oliver king principal secretary of state , . john clark master of the rolls , a. d. . exeter . leofricus first one of the privy counsel , then chancellour of england , under the conqueror , though sir henry spelman reckons him of bath at that time , and possibly he might be of both . william brewster of the privy counsel under henry the . walter stapledon founder of exon colledge oxon first of the privy counsel , then treasurer under edw. . john grandesson privy counsellor to edw. . john voysey lord president of wales under hen. . gervase babington vice precident of wales , a. . norwich . hen. . by a special commission makes the bishops of norwich , winchester , and ely , lord chief justices of england in my authors words , radalphus de diceto , archi justitiarios angliae , who there adds , clergymen were pitched upon by the kings for this employment , rather than others , for that they were the likeliest persons not to oppress the poor , nor to respect the face of the rich. john salmon chancellour , a. d. . robert baldock chancellour , an. dom. . john wakering lord keeper of the privy seal , a. d. . hereford . thomas cantelupe chancellour , a. d. . thomas charlton lord treasurer , . john gilbert in the same employment , . thomas melling of the privy counsel to edw. . charles booth chancellour of the marches of wales , ann. dom. . worcester . galfridus giffard lord chancellour of england ann. dom. . walter reynold first treasurer then chancellour of england under king edw. . john bar●●s lord treasurer ann. dom. . henry wakefield treasurer , an. dom. . nicholas heath lord president of wales and chancellor of england under queen mary . chichester . ralph nevil chancellor of england , ann. dom. . but sir henry spelman reckons it . who saith he was appointed to that employment by parliament . john de langton chancellor under edw. . and . john stratford lord chancellor ann. dom. . adam molins clerk of the privy council , ann. dom. . and that very learned prelate and industrious preacher lancelot andrews privy councellor of england and scotland , under a prince who knew the worth of learning , and advanced it accordingly . rochester . walter de merton founder of that colledge that bears his name in oxon , lord chancellor of england , ann. dom. . john de shepey lord treasurer , ann. dom. . oxford . hugh curwyn lord chancellor of ireland . st. davids . adam de houghton lord chancellor of england , ann. dom. . lindwood the famous canonist lord keeper of the privy seal , ann. dom. , and a person much employed in embassies to the king of spain , portugal , &c. i might here add several deans and arch-deacons promoted to the same and like dignities , and with industrious mr. stow , take notice that till the dissolution of abbies and monasteries , the prior of christ church in london was ever a member of the court of aldermen ; and that the dean of westminster is by his charter allowed no small interest in the government of that neighbouring city . but i shall not nauseate the reader any longer with the repetition of any more antient names , but observe ( as others have done before me ) that in the catalogue of chancellors recorded in spelmans glossery , amounting to about , near a of them were clergymen , more than all the other professions put together can make up . these then are the honours which ( if any humane testimony can make a thing certain by an uninterrupted custome ( equal to law ) which wise antiquity in the best of times gave them , through all the saxon , danes , and norman times , without controul and dispute till within these years or thereabout , since which england hath groaned under the very great sin of dispiseing the embassadors of christ , and with some it hath been no small step to preferment to rail at them , to murmure at , and decry their advancements for secular ends of their own , yea to rank the great trustees of souls with the vilest peasants in the nation ; as if there were no better way to shew their love to their redeemer , and their own christianity , than by hatred to his servants who conveyed it to them ; as if men had no other way to manifest their respects to the majesty of the great god , but by powring out contempt and obloquy upon those who represent his person . and thus corah and his accomplices great complaint and grievance against moses and aaron was , that they were too high , took too much upon them , numb . . they were advanced and honoured above the rest , this was the main eye-sore , but the revengeing hand of god would not then bear it . nay have we not here in england dureing our late and unhappy troubles , heard such language as this ( nay have we not seen the thing reduced into practise ? ) all the congregation is holy , and one may preach as well as another : thus would these sons of confusion have brought upon us a munster confusion and disorder , by taking away the distinctions of callings . the wise god ( we know ) appointed it otherwise under the old testament , when every one we know was not admitted to the priesthood . we cannot but think , that there were in israel who knew how to kill , slay , and dress a sheep , ox , or goat , as artificially as the sons of levi , yet none ever attempted it in reference to the altar without a severe rebuke . and was moses a more prudent lawgiver or steward of gods house than jesus christ the wisdom of the father ? would it be fuffered in humane societies , in any well regulated corporation that every man who should conceive himself fitter to discharge an office , manage a trade , husband an estate , should presently exclude another legally possest of it , and invade his propertys ? grant this , and farewell government , and welcome babel . let me say it once for all , ' t is folly for any to expect the prosperity of the nation , whilst the clergy of it is in misery , a low and despicable condition , whilst the sacred function is deposed , nay with black ingratitude revil'd ; to whose learned labours do we owe the translation of our bibles , and who , ( as before once was intimated ) under god were the principal instruments of delivering us from that egyptian darkness our forefathers sate in : is not this like the deer we read of in plutarch , who browsed on that bush in a calm he was glad to creep under in a storm ? certainly they are not worthy the name of christians or friends of the gospel ( whatever their pretences may be ) that despise and vilifie the ministry , than which , nothing more bespeaks a vile and reprobate heart . we all know that under the law presumptuously to rise against the priest was punishable with no less than death , deut. . for these are the embassadors of the king of heaven , and how sacred such persons were esteemed by the laws of all nations , all histories do abundantly witness : 't was the shame of our neighbour nation of scotland , the murder of the late learned prelate there , and that small indignities offered to persons of his rank have been highly resented ; the ammonites are a lasting testimony in the days of king david , and prood corinth was for no other reason burnt to ashes by the enraged romans , florus . chap. vi. the antient estate of our bishops and clergy under the times of the britains , saxons , danes and normans . vvhat incouragement the clergy found in the times of the britons will appear to have been very great if we will but read arch bishop usher de primordiis ecclesiae britanicae , through the series and succession of kings , who when converted to the christian faith , were not scanty in conferring honours and riches upon them : see him in his sixth chapter under these respective heads , antiquitatis glastoniensis ecclesiae assertio & nova ab ina rege instauratio . privilegia varia eidem a saxonibus regibus . arthur . donatio & sepulchri inventio , hen. . & edw. . diplomata . possesiones & libertates ecclesiis a lucio rege tributae . wintoniensis ecclesiae libertates & antiquitates . fundatio ecclesiae sancti petri westmonasteriensis . b. marcae doveriensis & sancti martini cantuariensis . afterwards in his th chapter , de pace britanici ecclesiis post caeptam persecutionem constantio chloro , aug. constant . m. patre restituta . and afterwards in his th chapter of the british bishops , qui variis consiliis interfuerunt , concilio arelatensi , sardicensi & ariminenst ; where any persons may receive satisfaction of the clergy honour in those first british times . in the times of the saxons what their immunities were will appear if we instance in but one single one , as more eminent and glorious than the rest ( viz. ) their admission to all publick debates and assemblies . such were ( ) their scire gemotis , which spelman and other learned antiquaries resemble to our country courts , and sheriffs turn in which all causes both criminal and civil , concerning church or state were handled ; the persons bound to be present were the sheriff , the bishop and all the nobles of the county ; till at last upon their humble petition in parliament , the clergy were dispensed with by the statute of marleborough , edw. . unless urgent necessity required it . secondly , their folk gemotts a kind of annual parliament commonly held in the beginning of may , in which the princes of the kingdom , bishops , and magistrates , and the laity took the oath of allegiance , and confirmed their mutual union before the bishops . the original of this is intimated to be as high as king arthur , vid. leg. edw. confess . . thirdly , their wittena gemotts , or michel synoth , the grand convention of their wise men . these who desires to look farther into , may have recourse to spelmans laborious glossary , v. gemot . now out of none of these were the clergy excluded , but ever reckoned an eminent and principal part of each , their counsels votes and approbation demanded and given before any laws were constituted . for proof of this , we shall look back above years to the laws of king ethelbert , and the authors we shall produce , and on whose authority we lean are bede , spelman , and lambard . and as to king ethelbert presently after the arrival of austin the monk here in england , we find as spelman hath it in spelm. conc. . the king to have called a grand assemby , a. . tam cleri quam populi . in the laws of king ina , which florentius wigorniensis dates , ann. dom. . spelm. . lambert . we find these laws were made and wrote by the perswasion and advice of his bishops hedda and erkenwald ; and though the learned spelman excerps out of the body of those laws only those which more particularly relate to the church , as being only proper for this design , yet lambard mentions many civil matters there determined . and when the great league and union between the britons , saxons and picts was concluded , we find it ratified per commune concilium & assensium omnium episcoporum , procerum , comitum & omnium sapientum seniorum & populorum & per preceptum regis inae . the very manner of our passing laws in parliament now used in england , bed. eccles . histor . l. . in the laws of king athelstan about the year . ( spelm. ) there 's no mention of any other counsellors for the enacting , though certainly the form was the same , but his arch bishop ufhelme and his other bishops , and these were at least the prime persons there , though the body of the laws concern secular affairs . spelman selecting only ecclesiastical , yet in the title he owns others passed . in the laws of k. edmund about . the king had a full meeting of ecclesiasticks , and laicks at london , in which were present odo and wulstan the arch bishops , none of the rest though without doubt there present once named . again . to a great convention of the estates at london under edred , writs of summons are issued out to the arch bishops and bishops , and yet their agitur de negotiis regni , ingulph . p. . spel. conc. p. . come we to the danes , . we find a publick assembly called at winchester by canutus , where were present wulstan and adelholme the arch bishops with other bishops dukes and earls , &c. spelm. conc. p. . now dureing these two periods there 's no mention of baronies , but all the churches tenure was in pura eleemosyna , frank almoigne and the bishops sate onely as eminent prelates by vertue of their spiritual dignities ; for there being hardly any laws but some way or other concerning religion , and the good of souls : therefore in the enacting of them the cergy was ever required by our prudent ancestors . thus much for the grand assemblys , stiled usually by the learned knight sir henry spelman pan anglica and pan britanica . we will only mention the private statute of king edgar which was thus , ex omni comitatu bis quotannis conventus agitur cui quidem illius diocaesae episcopus & senator intersunto , quorum alter jura divina alter populum edoceto . nor doth mr. selden no friend of the clergy ever deny or question but the bishop was joyned in commission with the aarlderman , nay he expresly affirms the same titles of honour , l. . c. . hitherto of the british , saxon , danish governments , pass we down to the normans , and here we have king william solemnly with an oath ratifying the laws of st. edw. the confessor , and this particularly is added . si quis sanctae ecclesiae pacem infregerit episcoporum est justitia , lambard , p. . and in several old precidents of grants such clauses as these occur , nolumus quod libertas ecclesiae per nos vel ministros nostros quoscunque aliqualiter violetur & jura & ilbertates ecclesiasticas illaesas volentes in omnibus observari . yet more particularly in a charter to the church of st. pauls in london , tam liberam volumus ecclesiam , d. pauli london , quam sit anima mea in die judicii . and here now at last we come to that great change in the state ecclesiastick , the bishops who had ever enjoyed the privileges of majores thani among the saxons are translated to barons , which gave occasion to that groundless error of some , to date the first sitting in parliament hence , as if the conquerour to curry favour with the clergy , and the better to settle his new gotten kingdom , confered this honour upon them ; but certainly if there were truth in this , the clergy are much to blaim , and very ungrateful to their patron k. william , for that we find them loosers by his favours , and looked upon their condition under him much worse than before , and all the writers of that age must be corrected for representing him , as a perfect enemy of the church . to clear up this we will only give you one instance , cited from an old record , entituled , liber sancti albani . where we read this passage of frederick the then abbot of st. albans , that to obstruct the march of the conquerour , he caused all the trees round to be cut , and laid them cross the ways , wherewith the conquerour being stopt in his march sent in some passion for the abbot , who under his security coming to him , the conquerour demands the reason for the cutting down the woods , the abbot resolutely answers him , that i have done , but what became me , and if all the spiritual persons through the kingdom had used their endeavours against thee , as they might and were in duty bound to have done , thou wouldst never have been able to have entered the land thus far . the duke then replying , is the spiritualty of england of such power ? if i live and enjoy that , which i have gotten , i will make their power less . add to this that stategem of the kentishmen in surrounding the king , and forcing him to a composition , which they did under the conduct of stigand their arch-bishop , which thing ever after netled him , and that he was never heartily reconciled to the church . and proved afterwards as good as his word to the abbot , oppressing the clergy all his reign , bringing them under knights-service , and ordering how many souldiers each bishop should maintain for him and his successors : the church , as beforesaid , being ever free from that bondage . let no man then say , that the conqueror ( who was ever look'd upon by the bishops as their enemy ) did them any acts of grace or havour by erecting each bishoprick into a barony , which thing was ever by the bishops look'd upon as a grievance , and a more glorious piece of slavery . this was in deed a shrew'd shaking to the bishops , yet still they preserv'd their votes in all assembli●s , and parliamentary summons are ever directed archiep. ep. &c : all antient charters and grants subscribed after the usual form in those times , testibus archiep. ep. in a treatise entituled , the form and mannor of keeping parliaments , whereof it seems there are two very antient copies , the m. s. in arch bods , the other in sr. rober cottons library , the first of which was perused by mr. selden , and he allows it to be as long standing , as edw. d. but the lord chief justice cooke adds near years more , and raises it to the conqueror's time ( which the title indeed pleads for ) we are here told , that days before summons are to be issued out to the archbishops , bishops , and other great clarks , that held by county or barony , and that the clergy in each shire are to have two proctors representing them , which in some things had more power than the bishops , for we are there informed , that the k. may hold a parliament for the commonalty of the realm , without bishops , earls , or barons , so they had summons , though they come not , but on the cottrary , if the commonalty of the clergy and temporalty being warned , either doth not , or will not come , in this case whatever the king doth with his bishops , earls and barons is of none effect , for that to all acts of necessity the commonalty of parliament must consent , i. e. the proctors of the clergy , knights of the shire , citizens and burgess●s , for their persons represent the commonalty of england , but the bishops , earls , and barons represent only their own persons . there is , they say , another m. s. in bibl. cotton , confirming the same , and citing other large priviledges of the clergy , i know indeed mr. prinne hath questioned the authority of both these books , in bar of which i return the authority of cooke and selden , and particularly the first , who saith , in his institutes , that spiritual persons ought ex debito justitiae , to have a writ of summons sent them every parliament . these things premised , we will now desire of the clergies greatest adversary that he would produce instances of any solemn meetings , wittena gemots or parliaments whereunto the clergy were not summoned ; any statutes publickly enacted during all the christian british , saxon , danish , or norman times , without their assistance and advice . as for the precedent of their exclusion under edw. . at the parliament held at st. edmondsbury , which some triumph in , if there be any truth in the narrative ( as hath been , and is still , questioned ) we know , and can prove , 't was done in a pett and transport of royal displeasure for their too obstinate adhering to the bishop of rome in the scottish quarrel , and for their noncompliance with their kings demands . who yet the very next parliament , about a year after , makes an apology for this charging all upon the exigencies of his affairs . and why should this single instance so circumstantiated be urged more against the clergy than that other is against the lawyers who were shut out of a parliament under henr. iv. where we yet find the bishops and amongst others , thomas arundel stoutly resisting and preserving the clergies temporalities , which these church-robbers gaped after , who , so they might spare their own purses were content to spoil their god to relieve their king. certainly if envy it self could have found the least colour of law to deny them this privilege it had never been reserved for this last , and our most unhappy age . many times have they been struck at , many great blows have they received , as at clarendon , under henr. ii. where their wings were indeed much clipt , yet their privilege of sitting and voting in parliament is left entire to to them for that the words are episcopi intersint curiae domini regis cum baronibus quousque perveniatur ad diminutionem membrorum vel mortem , and though they never voted of late in capital causes , yet that they however made their proxies i hope shall be made appear by what follows , together with their forbearing to vote in capital causes , and the reason of it shall be farther discoursed of . chap. vii . the estate of the bishops and clergy from the conquest ( as to their voting in capital causes in parliament ) till the times of king henr. viii . vve have before intimated the common usages and rights of the bishops to sit and vote in parliaments in all antient times , and that as peers and barons of the realm , we now aver they have a power to sit and vote in all , as well criminal as otherwise , either by themselves or proxies lawfully constituted , which is a privilege of the peerage , and therefore , belongs to the bishops as such , 't is very well known what mr. selden hath wrote in his book of the privileges of the peerage of england , that the bishops was debarred of their privileges by an act of parliament car. i. ann. . and that he was a great notorious stickler in it , but 't is as notorious that not long after we find the commons , nay a small and inconsiderable part of that house , voting the temporal lords useless and dangerous , and that how they were enabled by being assisted by the help of cromwell the late usurper , and the army , to accomplish what they had begun , and the bad consequence of all we have seen with our eyes , and bishops god be thanked restored to their undoubted rights and privileges , and that for as much as they were equally barons ( nay the bishops had usually the first in summons ) they have also equal privileges to make their proxies in parliament as the temporal barons had , we confess , as before , for that they were spiritual persons they were not by the council of clarendon to sit in capital causes , and loss of limb , but then we must know that long before this they both had and exercised this power , as may be made appear out of john crampton's chron. c. . where amongst the laws of athelstane we read , episcopo jure pertinet omnem rectitudinem promovere dei ( viz. ) & saeculi & debent episcopi cum saeculi judicibus interesse judiciis , and the ordering of all the measures and weights is there made of episcopal cognizance the standard being still left in the bishops hands , and out of sir henry spelman's glossary , voce comes . comes praesidebat foro comitatus non solus sed junctus episcopo , ut alter alteri auxilio esset & consilio , praesertim episcopus comiti nam in hunc illi animadvertere saepe licuit & errantem cohibere , so much confidence did the antients repose in the clergy that the guidance and overseeing of most temporal affairs was entrusted to them , nay , they had a check upon the laity . and thus lovingly with all sweetness and candor for or years , during all the saxons times and till that unhappy division by the conquerour , who defaced this beautiful and regular composure did the church and state-officers sit together in the morning determining ecclesiastical affairs , and in the afternoon civil . there were then no jars or clashings of jurisdictions heard of , no prohihitions issuing out of one court to obstruct the course of justice in another ; thereby hampering the poor client that he knew not which way to turn himself ; and i am perswaded there is no better expedient to prevent lasting vexatious suits , and to relieve the oppressed , than again to reconcile these two jurisdictions , that according to the primitive usage as well spiritual as temporal judges may be appointed in all courts , that moses and aaron may not interfere and quarrel , but walk hand in hand . though i know this design does not rellish with many of the long robe , yet 't is feared that attempting some such thing purchased the late archbishop laud no few enemies and was one especial cause of hastening his ruine : yet we find mr. selden a lawyer too , lib. . de synedriis , proving that for the first years and better the civil and ecclesiastical courts continued united , and the first distinction proceeded from pope nicholas , gratian. distinct . . c. cum ad verum , and that the clergy do not meddle personally to vote in loss of life or limb proceeds from the canons of the antient church which forbad their presence in cases of blood , but i hope that no sober man will hence argue that they being barons of this realm they must lose their priviledges which belong to the spiritual lords as well as to the temporal ; viz. to make proxies though in capital causes ( when by the antient canons of the church they are forbid to be present , ) which they have done , and still have right to doe comes next to be discoursed of . and ( first ) i shall make use of mr. selden's authority , though no friend to the bishops , ( for reasons he best knew of ) who expressly saith in his book of the priviledges of the barons of england , printed . that omnes praelati , magnates , &c. has this priviledge . introduct . though he says there they had lost it by the parliament car. . . i hope now they are restored to it again , that they had before he gives you sundry instances cap. . these are his words § . that the course of elder time was not that barons onely made proxies but other men , as bishops , and parliamentary abbots , and priors , who gave their letters usually to parsons , prebendaries , and canonists . in the parliament of carlisle under edw. . the bishop of exeter sent to the parliament henry de pynkney parson of houghton as his proxy . the bishop of bath and wells sent william of cherlton a canon of his church , and in like sort other of the spiritualty of that time , in the beginning of the th year of king richard the second the bishop of norwich made richard corqueaux being then deane of the arches , thomas hederset being archdeacon of sudbury and john thorp parson of epingham his proxies by the name of procuratores sive nuntii , and in the same time the bishop of durham ' s proxies were john burton canon of bewdley , and master of the rolls and john of wendlingborough canon of london , and other like in the same time . by which also that of the preamble of the statute of praemunire is understood , where it is said that the advice of the lords spiritual that was present and of the procurators of them that were absent , was demanded . the like under henry the th and th , are found in the rolls , and under henr. . the archbishop of york gives the proxies to the bishop of durham , and to two other clerks of his province . nay farther , that the bishops used to give their proxies in cases of attainder , the said mr. selden expresly saith in the place forecited , and also what sort of persons they used to make their proxies , he there likewise tells you , adding withal this unhandsom reflexion , that the lords spiritual had so much mistaken of late the laws of the kingdom , and the original of their own honours by endeavouring to enlarge the kingdom of antichrist , that they had now ( he means , a. d. ) lost both priviledge and vote in parliament . all sharp , reply to which i shall purposely forbear . and secondly , proceed to shew you express precedents wherein they have voted either personally , or by proxies in capital causes , and here i will produce mr. selden himself , the bishops adversary become their advocate , who saith expressly p. . lib. cit . that though in the case of appeal of treason in a parliament of the of richard the second , commenced by thomas duke of gloucester and others against alexander archbishop of york , robert de vere , &c. they absented themselves , i mean , the whole spiritualty in that parliament , and would make no proxy in their room for that time , yet afterwards they agreed to do it in cases of judgments of death , rot parl. . henr. . & rot. parl. . henr. . but he there saith , that the first use of such proxies was ric. . so that we have him confessing the bishops sitting in cases of blood by their proxies , the next authority i shall make use of , is a parliament roll it self , of that year as i find it in sir robert cotton's collections intituled as followeth . placita coronae coram domino rege in parliamento suo apud wegmonast . diae lunae proximae post festum exaltationis sanctae crucis anno regni regis ric. . post conquestum . the roll it self you may see in the tower among the records there kept . it is of an impeachment of the earl of arundel and warr. &c. for treason , &c. the articles were exhibited against him by several lords , as edward earl of rutland , thomas earl of kent , john earl of huntington , &c. which the said lords were ready to prove the crimes objected , and demanded the prisoner to be brought to the bar , which the lord nevil then constable of the tower did , and the aforesaid lords in their own persons appeared also . his articles being read , the earl of lancaster lord steward of england by the king's commandment , and assent of the lords , declares the whole matter . and thereupon the said earl's answer to the articles was demanded , who pleaded two pardons , and prayeth they may be allowed , but they were not , whereupon sir walter clopton lord chief justice demands of him what he had farther to say , for that if nothing more to say the law would adjudge him guilty . and the said earl not pleading any thing else , the lords appellants in their proper persons require that judgment may be given against the said earl , as convict of the treason aforesaid . whereupon the lord steward of england , by the assent of the king , bishops and lords , adjudged the said earl guilty and convict of all the articles aforesaid , and thereby a traitor to the king and realm , and that he should be therefore hanged , drawn , and quartered , and forfeit all his lands in fee , &c. though the punishment , in regard he was of noble blood , was changed , and he was ordered to be beheaded ; which was done by the lieutenant of the tower , and this is a short account of that trial for blood in parliament . where 't is plain and evident that the bishops were there present , for 't is said , that the said earl was adjudged guilty and convict by the assent of the king , bishops and lords . q. e. d. next we will produce another instance and precedent of the condemnation of thomas arundel archbishop of canterbury , who was accused by the commons in full parliament , die & loco praedictis , where we find the commons by their speaker sir john bussy petitioning the k. in manner following . for that divers judgments were heretofore undone , for that the clergy were not present , the commons prayed the king that the clergy would appoint some to be their common proctor with sufficient authority thereunto . whereupon the clergy appoint thomas de la percy by their instrument their proctor , who together with the king and the said lords adjudged him the said archbishop guilty of treason , and himself a traitor . the crimes objected to him was his traiterous obtaining a commission from the king , whereby the kings royal power was encroached , his subjects put to death without royal assent , &c. for all which he was found guilty as aforesaid . what i observe in brief is this , from this trial. ( . ) that there had been divers errors in judgment , which judgments were in law void , for that the bishops were not present , ( . ) that hereupon the commons petitioned the king that the bishops would appoint their proxy , and which accordingly they did thomas de la percy . ( . ) he was condemned by the said court wherein sate percy accordingly . ( . ) that the said bishops did not vote there personally , for that the arch-bishop their primate was arraigned and it might not be seemly for them so to do . and here we have the case adjudged , judgments in parliament revers'd , for that the bishops were not present by themselves or proxys , the commons petitioning the king that they would make proxys , a judgment obtained for that the bishops had made their proxys . q. e. d. and if any be not satisfied , they may see the roll of parliament as before , among the records in the tower to which they are referred . furthermore to make another discovery of the inconstancy of the said mr. selden , i find him in his titles of honour in the latter end of his book , confessing that thomas becket arch-bishop of canterbury was condemned by the bishop of winchester in case of high treason , vid. titles of honour . and if any person would but a little reflect upon the reason , why the bishops have not sometimes voted in cases of blood but by their proxies ? ( viz. ) their respect they had to the canons of the primitive church , which might give them umbrage for their so doing : and together with this , what hath been said before , of their being frequently appointed by the king , and acting as lord chief justices of england , any person of an ordinary capacity may guess at the reason of their forbearing to judge in matters of blood for the reason aforesaid , and their ready and chearfull compliance with their princes command ; when by the law of this land they were enabled so to do , and which is a sufficient supersedeas to the former canon of the church . another precedent we have of the bishops personally sitting in parliament held at westminster on monday next after the feast of all saints , in the d , of hen. . wherein henry bishop of winton was chancellour , wherein was tryed richard earl of cambridge and others for treason , for having levyed men against the king , and procured edmund earl of march as heir to rich. . to take upon him to be king of england , and had proclaimed him such in wales , and set one thomas trompington an ideot and scotchman to personate rich. . where the said earl , and others his adherents in that action , were tryed and found guilty ; the lords spiritual in parliament being present , &c. see the records in the tower , parl. . h. . p. . m. . many other precedents of a later date and time might be here ex superabundanti added , but i shall referr them for the matter of another chapter , they being all of them taken out of the journals of the lords house beginning in hen. . and ending . eliz. . i might have enlarged in these which i have taken out of the tower , but i have purposely forborn to do it ; for that i find mr. selden himself in the days of . granting me the matter of fact as clear and evident from the ancient records in the tower , of the spiritual lords priviledges in this matter . and will now proceed to another argument that the bishops have right to sit in all cases as well capital as civil . for that ( . ) they are undoubted peers of the realm ; which also i find mr. selden himself granting in his priviledges of the barronage of england , p. . for there he saith , though some have doubted ( we know whom he means ) whether the spiritual barons are peers , he saith there , that they are so , is true and plain , and the testimonies many & various , as in the bishop of winchester ' s case , who departed from the parliament at salisbury about the beginning of edw. . and was questioned for it afterwards in the kings bench he pleaded to the declaration , quod ipse est unus e paribus regni & prelatus , and in that short disputation of the case , which is left in the year books ; he is supposed both by the court and council to be a peer . but for this if his authority be not good , the year books themselves may be seen . bishop of winchesters case , year book , of edw. . and pas . . edw. . coram rege rot. . rep. so afterwards see the bishop of londons case in the year book , edw. . in a writ of wards brought against the bishop of london ; he pleaded to issue , and the defendant could not have a day of grace ; for he said ( as the words of the books are ) that a bishop is a peer of the land , & haec erat causa , year book , edw. . fol. . pl. . and in a like case , an action of trespass against the abbot of abington who was one of the lords spiritual , day of grace was denyed against him , because he was peer de la terre , edw. . titulo enquest . so expresly upon a question of having a knight returned into a jury where a bishop was defendant ; the rule of the court was that it ought to be so , because the bishop was a peer of the realm , plowden comment . pl. . so the judgment given against the bishop of norwich in the time of rich. . he is in the roll expresly allowed to be a peer . we find also stafford arch bishop of canterbury upon his being excluded the parliament under edw. , thus challenging his place , ego tanquam major par regni post regem vocem habens jurae ecclesiae meae tantum vendico , & ideo ingressum in parlimentum peto . the same may be made out farther by an assignment of errors under hen. . for the revearsal of the attainder of the earl of salisbury , one error is assigned that judgment was given without the assent of the prelates which were peers in parliament , which is clearly allowed in the roll and petition too , that they were peers . so also in an act of parliament under the same king , sta● . . hen. . c. . where the arch-bishops and bishops are called peers of the kingdom . but of the truth of this mr. selden himself saith , that no scruple could ever be made till the unhappy act of the car. . and how that act was procured we all know , how full of tumults and uproars were those times ? to how great a distress was majesty then brought ? how many repulses did it meet with ? was it not past to serve the present interest ? and by what subtile contrivance was it at last carried it is very well known ? have we not reckoned the date of our late embroilments and wild confusions from this fatal apocha ? under what miseries , violencies , and rapins hath not our native country for years time from hence to be reckoned , with so much pitty from all true-hearted english-men long laboured and groaned ? and the whole christian-world about us stood amazed and agasht . all the wealth which the piety of our forefathers had been so many years in heaping up , all their priviledges which their prudence had so deliberately conferred , being in a few days passion swallowed up . had those good men , the then bishops , unadvisedly acted any thing against their prince or kingdom , could no personal-fine or punishment expiate their crime and fault ? must the whole order be raized , and episcopacy it self destroyed root and branch ? must so many merits of their worthy predecessors be buryed in the grave of ungrateful oblivion ? it were an easy matter to produce a large catalogue of eminent prelates , who by their prudent advice have oftentimes prevented bloodshed , preserved peace , saved a sinking kingdom and a dying religion , many good works have they done amongst us , many colledges and schools erected and endowed , many material churches by their munificence , and living temples of the holy ghost built by their ministry ; and for which of these must they now be thus dealt withal ? thus disfranchised ? that they who heretofore carried the principal stroke in all cabinet counsels and publick diets , are acknowledged in several recorded statutes of this kingdom , an high , and one of the greatest estates of this kingdom , as particularly eliz. c. . that they are peers of this realm , edw. . c. . before recited , and henr. . c. . must now be debarred those immunities of which our nation hath ever reaped the greatest benefit , they must be curtailde in , or excluded from , what is their just right , to vote as peers in the higher house of parliament , certainly 't is now high time , if ever , for men to relent of their merciless cruelty to to learned industry ; the crafty jesuite , who is now at our doors , thinks his day is coming , this will make him keep a jubile , to see england fall again by her own hands . how much ground hath he got by debasing and pouring contempt on our english clergy , ( of all the world ) whom he most dreaded ? let us but enquire of other nations , our neighbours , and they will tell us , that the english divine is the terrour of the papal - world , aud that they have wrote more , and better , against rome , than all the world besides . we ought not to take pleasure in upbrading an ungrateful nation : but is this the reward of their unwearied pains , incessant studies , early rising and late watching , beating their brains , wasting their bodies , and contracting incurable diseases , neglecting their families , relations , and accquaintance for the glory of god and good of their countrey ? must they onely have discouragements heaped upon them , bread and water , and raggs ( if some men had their will ) thought to good for them ? must another profession , of which a forreiner , by way of disdain , said , causid●●i angli gens indoctissima ultra doroberniam nihil sapiunt ? must they get honour , riches and preferments without the regret and frowns of any , nay more in years last past than divinity in preceding , and if the matter was not invidious i could easily make appear : 't was an old saying , nulli sua pietas debet esse damnosa , in earnest , this is not for the honour of the gospel , neither doth it become the reformation . of late years some of the long robe , no well wishers to the church , whose names i forbear , have started a very unhappy and destructive notion , and not over beneficial to the english scepter ; and there yet want not those who with much industry keep this notion up , that the three estates of this nation consist of king , lords and commons , which how far it may countenance former actings and endanger future disturbances , i humbly submit to the prudence of those who sit at the helm , and are much better able to determine than my self ; but the consequences of that opinion seem directly to aim at the leveling of sovereignty , and making it accountable to the other two in their esteem coordinate estates . now by restoring the spiritualty the only true third estate to its due rights and antient priviledges , for that it is the true third estate , the lord chief justice cook saith in the fourth of his institutes and the act of parliament of the of eliz. c. . speaks to the same thing , this may be the most ready and most natural expedient to remove that destructive and dangerous opinion out of the minds of an unlearned and fickle multitude . so may the crown be safe , and the mitre no longer trampled on . et quae deus olim conjunxit , nemo hoc sequiori saeculo seperet , faxit hoc deus qui solus potis est ! chap. viii . precedents of the bishops sitting and voting in capital causes from the reign of of king hen. . till the th of eliz. i shall begin with the attainder of cromwel earl of essex , who was attainted in parliament for treason , &c. the articles are every extant , and may be seen ; the first reading of his bill , as i find it in the journal of the lords house was upon the th of june , . hen. th , at which reading were present fourteen bishops ; who they were you may see in the journal ; at the second reading , which was the th of june of the said year , . hen. . were present sixteen bishops , whose names , and sees there you may find ; at the third and last reading , were sixteen likewise , vid. journal ut supra , the bill it self past the royal assent , the th of july following , when were bishops present . the next shall be the attainder of tho. duke of norf. and henry earl of surry . . h. . this also was an attainder in parliament : the first reading of the bill against these noble lords , was on the th of january , anno regis supra dicto , when were present ten bishops ; the second reading , was the day following , when were present nine bishops : the third and last reading was on the th of the same moneth , when were present thirteen bishops ; the bill past the royal assent , january th , . hen. . the bishops likewise then present . the third instance of hen. d. of suffolk , which indeed was an attainder at common law , but afterward confirm'd in parliament . a. & . phil. et mar. at the first reading were present bishops : the bill was read , jan. anno supradicto , at the d . reading , which was two days after on the th of january were present eleaven bishops ; and on the next day , the bill had its last reading in the lords house , at which were present eleaven bishops : the lords spiritual , were likewise present at the passing of the bill ; which was on the of jan. following ; in each of these , the journal if consulted will satisfie any . the th precedent shall be in seymore the lord admiral , who was attainted for treason , in the d . of edw. . for that he purposed to destroy the young king , and to translate the crown unto himself ; for which , and other crimes objected , he suffered death , on the tower-hill : at his attainder were present nineteeen bishops . i might have before added the case of the lord hungerfords-attainder in parliament ; who was condemned in parliament , in the . of hen. the th . at whose tryal and condemnation , were present no fewer than seaventeen bishops , vid. journal of the lords house , i will only add two more precedents , and close with them ; they are in the reign of the peaceable queen elizabeth , in whose times if ever , the actings in parliament were regular , and orderly : the first is , the case of the earls of northumberland and westmoreland , for their rebellion in the north , and endeavour to bring in popery , at whose condemnation were present thirteen bishops , vid. journal , and lastly that of pagets , in the th of the said queen , at which were ten bishops , vid. journal as before : i shall only add one thing more , and that is the protestation of the bishops . . r. where they give the reason why they refused , to be put in some parliaments , their words quia in hoe parliamento agitur de nonnullis materiis in quibus non licet nobis juxta sacrorum canonum instituta quomodolibet personaliter interesse ; but they there add a salvo to their right , in the beginning of their protestation . quod ad archiepiscopum cantuar. qui pro tempore fuerit , n●c non caeteros suos suffraganeos confratres , co-episcopos , abbates et priores aliosque praelatos quoscunque baroniam de domino rege t●nentes in parliamento regis ut pares praed . personaliter interesse pertinet , ibidemque de regni negotiis & aliis ibi tractari consuetis cum caeteris dicti regni paribus & aliis consulere , ordinare , statuere desinire ac caetera facere , quae parliamenti tempore ibid. intendet facien ' , &c. t is true indeed , that as they never intended , but that the appeals , pursuites , accusations , judgements , had and rendred , &c. upon their voluntary absenting themselves ; they should be good and valid in the law , as their protestation expresly granteth : yet by the same their protestation , they reserve their right of being present , &c. doing every thing else which any other peer , though temporal might do . and that they did vote in the st of this kings reign , by their proctor in the condemnation of the arch-bishop of canterbury ( yea and upon the commons petition too , for that many judgments had been reversed , for that they were not present as is before proved ) and personally also in the condemnation of the earl of arandel and wardour , &c. the duke of lancaster being then lord high steward , vid. plaoit . coron &c. ric. . in the records in the tower. the roll marked with the letters f. i. it is well known that out of respect to the constitution made in the council held at westminster . that no clergy-man should agitare judicium sanguinis . ( this council is mentioned in r. hovenden in h. . p. . ) the clergy have some time forborn to intermeddle in such matters : and on the other side 't is as notorious , that many of that order have been lord chief justices of england , and that none have discharged that office better , more to the content of the king and subject , and the benefit of the whole commonwealth . finis . notes, typically marginal, from the original text notes for div a -e ad. sec. . * euseb . ecc. hist . . c. . zom . l. . c. . exerc. . c. . miscellanea parliamentaria containing presidents . of freedom from arrests, . of censures : . upon such as have wrote books to the dishonour of the lords or commons, or to alter the constitution of the government, . upon members for misdemeanours, . upon persons not members, for contempts and misdemeanours, . for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of england have consulted and advised with their parliaments . in marriages, . peace and war, . leagues ... / by william petyt of the inner-temple, esq. petyt, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) miscellanea parliamentaria containing presidents . of freedom from arrests, . of censures : . upon such as have wrote books to the dishonour of the lords or commons, or to alter the constitution of the government, . upon members for misdemeanours, . upon persons not members, for contempts and misdemeanours, . for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of england have consulted and advised with their parliaments . in marriages, . peace and war, . leagues ... / by william petyt of the inner-temple, esq. petyt, william, - . [ ], , [ ] p. printed by n. thompson for t. basset ... and j. wickins ..., london : . appendix partly in french and latin. reproduction of original in yale university library. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion miscellanea parliamentaria : containing presidents . of freedom from arrests . . of censures . . upon such as have wrote books to the dishonour of the lords or commons , or to alter the constitution of the government . . upon members for misdemeanours . . upon persons not members , for contempts and misdemeanours . . for misdemeanours in elections . besides other presidents and orders of a various nature , both of the house of lords and commons . with an appendix , containing several instances wherein the kings of england have consulted and advised with their parliaments , . in marriages . . peace and war. . leagues . and other weighty affairs of the kingdom . by william petyt of the inner-temple , esq london , printed by n. thompson , for t. basset at the george , and j. wickins at the white hart in fleetstreet . . to william williams esq speaker of the honourable house of commons , the author humbly dedicates these his miscellanea parliamentaria . the contents . ferrers case . pag. . § . . some few presidents against such as have wrote books to the dishonour of the lords and commons , and the subversion of the government . pa. . § . . some presidents , wherein the house of commons have for misdemeanours turned out and discharged their members . pa. . § . some presidents for punishing persons that were no members , for contempts and misdemeanours . pa. . § . . some presidents for punishing misdemeanours in elections . pa. . § . some miscellaneous presidents and orders , both of the house of lords and commons , p. . an appendix . or , a collection of some few records and presidents ( out of many other of the like nature ) whereby it appears , that the kings of england were pleased to consult and advise with their parliaments , de arduis negotiis regni , of the weighty and difficult affairs of the kingdom . p. the preface . i have seen , saith stephen gardiner , ( who was dr. of laws , bishop of winchester , and after lord chancellour of england , ) the councel much astonished , when the king would have done somewhat against an act of parliament , it was made then a great matter . the lord cromwel had once put in the kings ( our late sovereign lords ) head , to take upon him to have his will and pleasure regarded for a law , for that , he said , was to be a very king , and thereupon i was call'd for at hampton-court ; and as the lord cromwel was very stout ; come on my lord of winchester , ( quoth he , ) for that conceit he had whatsoever he talked with me , he knew ever as much as i ▪ greek , or latine , and all . answer the king here , ( quoth he ) but speak plainly and directly , and shrink not man : is not that ( quoth he , ) that pleaseth the king , a law ? have ye not the civil-law therein ? ( quoth he ) quod principi placuit , and so forth , ( quoth he , ) i have somewhat forgotten it now : i stood still , and wondered in my mind , to what conclusion this should tend ; the king saw me musing , and with earnest gentleness said , answer him whether it be so or no ? i would not answer my lord cromwel , but delivered my speech to the king , and told him , i had read indeed of kings that had their will always received for a law ; but i told him the form of his reign , to make the laws his will , was more sure and quiet , and by this form of government ye be established ( quoth i , ) and it is agreeable with the nature of your people ; if ye begin a new manner of policy , how it will frame no man can tell , and how this frameth ye can tell , and would never advise your grace to leave a certain for an uncertain . the king turned his back , and left the matter after ; till the lord cromwel turn'd the cat in the pan , afore company , when he was angry with me , and charged me as though i had played his part . this tale is true , and not without purpose to be remembred . so far the bishops letter . and from it , and other passages in history , i shall raise four observations . that it was a general rule and principle in most great ministers of state ; or , as the old word was , minions to flatter and poison princes minds with absolute and despotical power ; not for the honour , or good of the crown , for that can never be ; but for their particular advantages , that themselves might reign , and be sovereigns over their masters ; and indeed , not only of our own country , but of others : historians are full of the sad and woful effects thereof in most ages ; which makes me frequently revolve the melancholly contemplation of cardan ; inter fures scurras adulatores , constitutus est princeps a furibus bona diripiuntur , a scurris mores corrumpuntuh , & ut quisque melior est ex aula abigitur , ab adulatoribus veritas , summum inter mortales bonum , ablegatur , unde miseri principes propter has larvas , in cimmeriis ignorantiae tenebris perpetuo vivunt . o miseram principum sortem , qui nunquam norunt , quali in statu res suae positae sint , adeo vero aures principum emollitae sunt , ut ad veritatis nomen tanquam ad nili cataractas obsurdescant . this pessima gens humani generis always abhorred a parliament ; and the reason thereof is demonstrative , because they well knew they should then be called to an impartial and strict account , and be punished according to their demerit : as de facto it appears , in the cases of the lord cromwel , after earl of essex , and the protector , the duke of somerset , ( mentioned in the bishop's letter , ) that they were questioned in parliament ; although possibly the proceedings therein against them were managed with too much violence and artifice , by the malice and policy of their enemies . and no man , in all points , can justifie the acts of all councels , whether ecclesiastical or civil . the first was attainted of high-treason , in the parliament , . h. . amongst other crimes . . for vsurping upon the kingly estate , power , authority , and office. . for having the nobles of the realm in great disdain , derision and detestation . . and further also , being a person of poor and low degree , as few were within the realm pretended to have so great a stroke about the king , that he lett it not , to say , publish and declare , that he was sure of the king ; which was detestable and to be abhorred amongst all good subjects in a christian realm , that any subject should enterprize to take upon him so to speak of his sovereign , leige , lord , and king. the second was in the parliament , and e. . fined and ransomed amongst other offences . . for desiring the rule , authority and government of the king and realm by himself only , and getting the protectorship . . that by his own authority he did stay and lett justice , and subverted the laws as well by letters , patents , as by his other commandments . . he rebuked , checked and taunted as well privately as openly , divers of the privy counsel , for shewing and declaring their advices and opinions against his purpose in weighty affairs , telling them they were unworthy to sit in councel : that he needed not to open matters to them , and that he would be otherwise advised thereafter ; and if they agreed not with his opinion , he would put them out , and take in others at his pleasure . . that he had held , against the kings laws , in his own house a court of requests , and forced divers to answer for their free-holds and goods , to the subversion of the law. . that he had , without advice of the counsel , disposed of offices for money . . that he would not suffer new-haven and blackness to be furnished with men and victuals , although advertized of their defects ; whereby the french king was comforted and encouraged to invade and win them , to the dishonour of the realm . . and whereas the privy-counsel had out of their love and zeal for the king and realm , consulted at london to come to the duke , to move him charitably to amend , and reform his doings and mis-government ; he caused to be declared , ( by letters in divers places , ) the lords to be high-traytors , to the great disturbance of the realm ; and further declared , that the lords endeavoured to destroy the king , to the intent to make sedition and discord between the king and lords . . the duke , at hampton-court and windsor , declared these speeches , the counsel at london do intend to kill me ; but if i die , the king shall die with me ; and if they famish me , they shall famish the king ; and so conveyed the king suddenly in the night to windsor , whereby he got a disease , . he assembled great numbers in arms , and after , minding to fly to jersey or wales , laid post-horses about , and men for the same intent . all which offences and crimes the said duke acknowledged , and submitted himself to the king : after which passed the act ; that for his said offences and crimes he should forfeit a great many manors , which the crown had given him : to bring it to the relation made by the bishop , not without purpose to be remembred how dangerous a thing it was to break the law , or an act of parliament . the bishop thus further expresseth in the same letter . now whether the king may command against an act of parliament , and what danger they may fall in that break a law with the king's consent , i dare say no man alive at this day hath had more experience with the judges and lawyers then i ; first i had experience in my old master the cardinal , who ohtained his legacy by our late sovereign lord's request at rome , and in his sight and knowledge , occupied the same with his crosses and maces born before him many years ; yet because it was against the laws of the realm , the judges concluded it the offence of the premunire ; which conclusion i bare away , and take it for a law of the realm , because the lawyers so said , but my reason digested it not . the lawyers , for confirmation of their doings , brought in a case of the lord tiptoft , as i remember , a jolly civilian ; he was chancellor to the king , who ( because in the execution of the king's commission he had offended the laws of the realm ▪ ) he suffered on tower-hill , ) they brought in examples of many judges that had fines set on their heads in like case , for doing against the law of the realm by the king's commandment , and then was brought in the judges oath , not to stay any process or judgment for any commandment from the king's majesty : and one article against my lord cardinal was , that he had granted injunctions to stay the common - law , and upon that occasion magua charta was spoken of , and it was made a great matter , the stay of the common-law ; and this i learned in that case , sithence that time being of the counsel , when many proclamations were devised against the carriers out of corn ; at such time as the transgressors should be punished , the judges would answer it might not be by the laws ; whereupon ensued the act of proclamation , in the passing of which act many siberal words were spoken , and a plain proviso , that by authority of the act for proclamation , nothing should be made contrary to an act of parliament , or common-law . when the bishop of exeter and his chancellour were by one body brought in a praemunire , ( which my lord privy-seal cannot forget ) i reason'd with the lord audley , then chancellor , so far , as he bad me hold my peace , for fear of entring into a praemunire my self ; whereupon i stayed , but concluded it seemed to me strange , that a man authorized by the king , ( as since the king's majesty hath taken upon him the supremacy , every bishop is such a one , ) could fall in a praemunire , after i had reason'd the matter once in the parliament-house , where was free speech without danger , and there the lord audley , to satisfie me familiarly ( because i was in some secret estimation , as he then knew , ) thou art a good fellow , bishop , quoth he , ( which was the manner of his familiar speech ) look the act of supremacy , and there the king's doings be restrained to spiritual jurisdictions : and in another act it is provided , that no spiritual law shall have place contrary to a common law , or act of parliament ; and if this were not , ( quoth he ) you bishops would enter in with the king , and , by means of his supremacy , order the laity as ye listed ; but we will provide ( quoth he , ) that praemunire shall ever hang over your heads , and so we lay-men shall be sure to enjoy our inheritance , by the common laws , and acts of parliament . my fourth observation is this , it had been well for the protector to have remembred the good and wholsom advice the bishop gave him : that great man had not lost his head ; for being indicted in michaelmas-term , . e. . upon a statute made and of that king , for the punishment of unlawful assemblies , and raising of the kings subjects : and one of the main points in the indictment , was that felonice he designed to take and imprision john earl of warwick , being one of the privy-council ; of which he was found guilty by his peers , and after suffered death thereupon . to conclude whose sad fate , i shall add the preamble of an act of parliament , more memorable , because in a subsidy act ; yet common in that , and former , and succeeding ages , as may appear . for instances , rot. parl. . h. . and by rastals statutes , . h. . cap. , . , and . e. . cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . and . jacobi , cap. . wherein the state of the kingdom , both ecclesiastical and civil , and the transactions of foreign affairs are historically set down , and taken notice of by the parliament , and inserted into the preambles of those acts. an act for the grant of a subsidy , and two fifteens and tenths , granted to the king's majesty , by the temporality . we the kings highness's most faithful and obedient subjects , the lords and commons in this present parliament assembled ; considering , and certainly perceiving , by divers means , the earnest good-will and purpose that our said sovereign lord hath to preserve , maintain and continue us , his natural subjects , in this most fortunate peace , whereunto , after many storms and tempests of the wars , his majesty hath , by the goodness of god restored us ; do also , notwithstanding his majesties great care , and politick means used for the recovery thereof , easily perceive how hard it shall be for his highness to continue and kéep us therein , during the time of this troublesom state of christendom , being , as it were , lamentably cut , and torn in pieces , and factions of war , except his highness be restored to a further estate and furniture of treasure , meet for the defence of these his realms , dominions ; and subjects , and like to other princes ; having such large realms , dominions and people ; the lack and want whereof , ( as we know ) shall chiefly redound to all our losses and detriments , which must be defended and preserved by the puissant power and might of our sovereign lord and head , not by the multitude of our private riches and strength at home . so also have we séen , of late years , plainly before our eyes , and felt in a great part of our sorrowful hearts , the very principal , chief , and first causes of this lack , during the time of the woful mis-governance of this noble realm , and other the king's dominions , by the late protector , duke of somerset ( to whom almighty god grant his mercy , ) who first of his insatiate ambition , contrary to the advices of all wise and good councellors , having gotten into his hands the sole governance of the most sacred person of our sovereign lord , and consequently , the protectorship of all his highness's realms and dominious , immediately to lay a fit foundation for his unhappy and unskilful government , brought the king's majesty ( whom he took by pretence to govern , being left by his highness's father , of most famous memory , in tender years , ( but yet in peace ) suddenly into open hostility and wars against two puissant realms at once , considering neither the ability to begin , nor means to continue them ; wherein , following always his own singularity , by stirring and increasing of new quarrels and causes of war , by unadvised invasions , by desperate enterprises and uoyages , by sumptuous , endless , vain fortifications , both in foreign realms , and in the seas , by bringing into the realm of costly , and great numbers of strangers , men of war , and such other innumerable vain devices , he did not only exhaust , and utterly waste the king's majestie 's treasures and revenues of his crown , and of us his highness's subjects , but also endangered his majestie 's credit beyond the seas with divers strange merchants , by taking up , and borrowing great sums of money , growing from time to time more and more indurable : which gate of misery being so wide open , we all know , and the best part of us felt , what a heap of calamities fell upon all the realm immediately ; yea , and to this day what prests and memory thereof remaineth not wholly yet filled up . first , the king's majesties treasure of all sorts wasted , the great substance of the moneys melted , and altered in base coyn , for the serving of the charge of these wars , the laws and ancient policies of this noble realm dissolved and unjoyned , and by examples thereof , the whole state of ireland endangered , with factions and rebellions , wherein no small sums of treasure were also wasted in armies and fortifications , part whereof remains unto this day of necessity . in the midst of all these miseries , by the suffering of the said late protector , rose up a monstrous and dangerous rebellion of the lewd numbers , and baser multitudes against their heads ; the withstanding and happy stay whereof , although it came through the mercifulness of god , by the labour and fortitude of others , worthy eternal praise , subduing the headless raging people in sundry parts of the realm , delivering us , the king's majesties natural subjects , out of our unnatural subjection to him that ruled us with disorder , and finally , restoring the royal person of the king's highness to the fréedom of his princely estate , and consequently to an honourable peace with his enemies . yet could not , hitherto , the great breach and ruine of the king's majestie 's estate , touching his treasure , be repaired or re-enforced ; which consequently followed upon the first foundations broken ; although in other points of the decay ( thanked be god ) the king's majesties own marvellous intelligence , with the industry of good conncellors , hath notably supplied , and amended the defaults . and as these former errors brought his majesty into utter wasts of his own treasure and riches into the expences of our subsidies , granted for the same wars , though nothing answerable to the expence of the same ; finally , into notable and immeasurable charges beyond the seas , provisions of money taken up in time of wars ; so yet , to the increase of this former sore , we remember and perceive also , that there were very great charges left by the late king of famous memory , by reason of his wars , to be discharged , as well beyond sea towards strangers , as on this side towards his own subjects ; which of their nature beyond the seas for lack of payment did grow excessively , besides the late evident great charge and loss sustained by the kings majesty for the only profit of his publick weal , in the reducing of part of his coyn from a notable baseness unto a fine standard ; by the which his majesty lacketh a great private gain in his mints , being now worth no revenue at all , but rather chargable ; and the rest of which coyn we trust he will shortly reduce to like fineness . all which things we his majesties faithful , and natural loving subjects , weighing with our selves , and considering divers great weighty matters hereupon depending , for the preservation of this ancient , noble , and imperial crown . albeit we see manifestly before our eyes , our sovereign lord the kings majesty disposed of his good nature rather daily to diminish the revenue of his crown , lately angmented by his father of most famous memory , towards the unburthening of his great intollerable weights and charges , lying and growing in strangers hands beyond the seas , then to call upon us his natural subjects and people ; like as we daily hear and know that all other most christian princes do , in causes of less importance , and like his majesties noble progenitors , have always done in such cases heretofore . yet for the preservation of our selves and our posterity in this peace and wealth whereunto we have by the great charges of our sovereign lord been blessed , brought , for the maintenance and upholding of the crown and dignity imperial of this noble realm , in honour and might against all attempts of foreign and ancient enemies , for the restauration of this decayed house of the commonwealth , having suffer'd violation and ruine , by exile of justice in the former time of the aforesaid evil governance . for the comforting and encouraging of our most christian king in his blessed and famous purposes and proceedings , to the establishing both of true christian religion , in this his church of england and ireland , and of a christian policy in the civil state of the same , &c. and after they granted the subsidies . it is far from my thoughts to delight in raking into the misfortunes of any , much less of great men ; but in all ages it hath been allowed to publish the memoirs of ill men , to the intent to deter posterity from acting and committing such crimes and offences , which we find were severely punished both by god and men. and whoever will take the pains to run over the ancient historians and records of the kingdom , will find that the troubles in richard the st's time , the barons wars , the confusions in e. d's time , the woful distractions in the reign of r. . and h. . had their source and rise from one grand cause , the extravigant and insufferable dominion and power of minions or favourites , with their partisans , which k. james rightly calls pests and vipers of a common-wealth ; who , notwithstanding their spetious glosses and pretences of loyalty to the crown , rather then suffer themselves to be questioned and punished by law for their arbitrary and illegal acts , resolved to run the hazard of ; and see the ruine and destruction both of prince and people . my lord bacon , after he was sentenced in parliament , meeting with sir lionel cranfield , after earl of middlesex , whom king james had then newly made lord treasurer . my lord bacon , having first congratulated his advancement to so eminent a place of honour and trust , told him , between jest and earnest , that he would recommend to his lordship , and in him to all other great officers of the crown , one considerable rule to be carefully observed , which was , to remember a parliament will come . i do not believe that his lordship had the spirit of divination ; but certain it is , that two years after , in the parliament . and . of that king , the commons impeached the earl ; for what , and what the judgement was thereupon , hear the record . messuage sent to the commons by mr. serjeant crew , and mr. attorney general , viz. that the lords are now ready to give judgment against the lord treasurer , if they , with their speaker will come , and demand the same . answered , they will attend presently : the lords being all in their robes , the lord treasurer was brought to the bar by the gentleman usher and the serjeant at arms , his lordship made low obeysance , and kneeled , until the lord keeper willed him to stand up . the commons with their speaker came and the serjeant attendant on the speaker presently put down his mace. the speaker in their name , to this effect , viz. the knights , citizens and burgesses in this parliament assembled , heretofore transmitted unto your lordships several offences against the right honourable lionel earl of middlesex , lord high treasurer of england , for bribery , extortion , oppressions , and other grievous misdemeanours , committed by his lordship . and now the commons , by me their speaker , demand judgment against him for the same . the lord keeper answered . the high-court of parliament doth adjudge , . that lionel earl of middlesex , now lord treasurer of england , shall lose all his offices which he holds in this kingdom ; and shall be made for ever uncapable of any office , place or imployment in the state , and commonwealth . . and that he shall be imprisoned in the tower of london during the kings pleasure . . and that he shall pay unto our sovereign lord the king the fine of l. . and that he shall never sit in parliament more . . and that he shall never come within the verge of the court. ordered , that the kings councel draw a bill ( and present the same to the house , ) to make the lands of the earl of middlesex liable unto his debts , unto the fine to the king , unto accompts to the king hereafter , and to restitution to such whom he had wronged , as shall be allowed of by the house . so that the familiar saying of my lord coke is very remarkable ; that no subject , ( though never so potent and subtile , ) ever confronted or justled with the law of england , but the same law in the end infallibly broke his neck . the case of george ferrers , esq in the lent season , whilst the parliament yet continued , one george ferrers gent. servant to the king , being elect a burgess for the town of plimouth , in the county of devon , in going to the parliament-house was arrested in london by a process out of the kings-bench , at the suit of one white , for the sum of two hundred marks , or thereabouts , wherein he was late aforecondemned as a surety for the debt of one welden of salisbury ; which arrest being signified by sir thomas moyle kt. then speaker of the parliament , and to the knights and burgesses there , order was taken that the serjeant of the parliament , called s. j. should forthwith repair to the compter in breadstreet , whither the said ferrers was carried , and there to demand delivery of the prisoner . the serjeant , as he had in charge , went to the compter , and declared to the clerks there , what he had in commandment : but they and other officers of the city were so far from obeying the said commandment , as after many stout words , they forcibly resisted the said serjeant , whereof ensued a fray within the compter-gates , between the said ferrers and the said officers , not without hurt of either part ; so that the serjeant was driven to defend himself with his mace of armes , and had the crown thereof broken by bearing off a stroke , and his man strucken down . during this brawl the sheriffs of london , called rowland hill and h. suckley , came thither , to whom the serjeant complained of this injury , and required of them the delivery of the said burgess as afore : but they bearing with their officers , made little account either of his complaint , or of his message , rejecting the same contemptuously , with much proud language : so as the serjeant was forced to return without the prisoner , and finding the speaker and all the knights and burgesses set in their places , declared unto them the whole cause as it fell out ; who took the same in so ill part , that they all together ( of whom there was not a few as well of the kings privy-councel , as also of his privy-chamber ) would sit no longer without their burgess , but rose up wholly , and repaired to the vpper house , where the whole case was declared by the mouth of the speaker , before sir t. audley kt. then lord chancellor of england , and all the lords and judges there assembled ; who judging the contempt to be very great , referred the punishment thereof to the order of the common house . they returning to their places again , upon new debate of the case , took order that their serjeant should eftsoon repair to the sheriffs of london , and require delivery of the said burgess , without any writ or warrant had for the same , but only as afore . albeit the lord chancellor offered there to grant a writ , which they of the common house refused , being in a clear opinion that all commandments and other acts proceeding from the nether house , were to be done and executed by their serjeant , without writ , only by shew of his mace , which was his warrant . but before the serjeants return into london , the sheriffs having intelligence how heinously the matter was taken , became somewhat more mild ; so as upon the said second demand , they delivered the prisoner without any denial . but the serjeant having then further in commandment from those of the nether house , charged the said sheriffs to appear personally on the morrow by eight of the clock , before the speaker in the nether house , and to bring thither the clerks of the compter , and such other of their officers as were parties to the said affray ; and in like manner to take into his custody the said white , which wittingly procured the said arrest , in contempt of the priviledge of the parliament . which commandment being done by the said serjeant accordingly , on the morrow the two sheriffs , with one of the clerks of the compter , ( which was the chief occasion of the said affray ) together with the said white , appeared in the common house , where the speaker charging them with their contempt and misdemeanour aforesaid , they were compelled to make immediate answer , without being admitted to any councel : albeit sir ro. cholmley , then recorder of london , and other the councel of the city there present , offered to speak in the cause , which were all put to silence , and none suffered to speak but the parties themselves . whereupon in conclusion the said sheriffs , and the same white , were committed to the tower of london , and the said clerk ( which was the occasion of the fray ) to a place there called little ease , and the officer of london which did the arrest , called tailor , with four officers , to newgate , where they remained from the . until the . of march , and then they were delivered , not without humble suit made by the mayor of london , and other their friends . and forasmuch as the said ferrers being in execution upon a condemnation of debt , and set at large by priviledge of parliament , was not by law to be brought again into execution , and so the party without remedy for his debt , as well against him , as his principal debtor ; after long debate of the same , by the space of nine or ten days together , at last they resolved upon an act of parliament to be made , and to revive the execution of the said debt against the said welden , which was principal debtor , and to discharge the said ferrers . but before this came to pass , the common house was divided upon the question , but in the conclusion the act passed for the said ferrers , who won by . voices . the king then being advertized of all this proceeding , called immediately before him the lord chancellor of england , and his judges , with the speaker of the parliament , and other the gravest persons of the nether house , to whom he declared his opinion to this effect : first commending their wisdom in maintaining the priviledges of their house , ( which he would not have to be infringed in any point ) alledged that he being head of the parliament , and attending in his own person upon the business thereof , ought in reason to have priviledge for him and all his servants , attending there upon him ; so that if the said ferrers had been no burgess , but only his servant , that in respect thereof he was to have the priviledge as well as any other : for i understand ( quoth he ) that you not only for your own persons , but also for your necessary servants , even to your cooks and horse-keepers , enjoy the said priviledge : in as much as my lord chancellor here present hath informed us , that he being speaker of the parliament , the cook of the temple was arrested in london , and in execution upon a statute of the staple : and forasmuch as the said cook , during the parliament , served the speaker in that office , he was taken out of execution by the priviledge of the parliament . and further , we be informed by our judges , that we at no time stand so highly in our estate royal , as in the time of parliament ; wherein we as head , and you as members , are conjoyned and knittogether into one body politick : so as whatsoever offence or injury ( during that time ) is offered to the meanest members of the house , it is to be judged as done against our person , and the whole court of parliament : which prerogative of the court is so great ( as our learned councel informeth us ) as all acts and processes coming out of any other inferiour courts , must for the time cease and give place to the highest . and touching the party , it was a great presumption in him , knowing our servant to be one of this house , and being warned thereof before , would nevertheless prosecute this matter out of time , and therefore was well worthy to have lost his debt , which i would not wish , and therefore do commend your equity , that having lost the same by law , have restored him to the same against him who was his debtor : and this may be a good example to others , not to attempt any thing against the priviledge of this court , but to take the time better . whereupon sir edward mountague , then lord ch. justice , very gravely declar'd his opinion , confirming by divers reasons all the king had said , which was assented unto by all the residue , none speaking to the contrary . the act indeed passed not the higher house , for the lords had not time to consider of it , by reason of the dissolution of the parliament . because this case hath been diversly reported , as is commonly alledged , as a president for the priviledge of the parliament , i have endeavoured my self to learn the truth thereof , and to set it forth with the whole circumstances at large , according to their instructions who ought best both to know and remember it . . ed. vi. eight years after the case of ferrers , withrington having made an assault upon brandling , burgess for newcastle ; the parl. being near an end , the com. sent withring : to the councel . die jov. . apr. an . praedict . the bill for mr. brandling's complaint , sent from the lords of the privy councel again , to be ordered by this house according to the antient custom of this house : whereupon the bill was read in the presence of henry witherington , who was sent to the lords from this place ; who confest that he began the fray upon mr. brandling : whereupon the said henry is committed to the tower of london . some few presidents against such as have wrote books to the dishonour of the lords and commons , and subversion of the government . the case of arthur hall esq upon sundry motions made by divers of this house ; it was order'd that arthur hall esq for sundry lewd speeches , used as well in this house , as also abroad elsewhere , shall have warning by the serjeant to be here upon monday next ; and at the bar to answer such things as he shall then and there be charged with . and it was further ordered , that all such persons as have noted his words , either in this house , or abroad , do forthwith assemble in the chamber above , and put the words in writing ; and afterwards deliver them to mr. speaker , to the end he may charge the said hall upon monday next . this day arthur hall esq being brought by the serjeant to the bar , and charged by the house with seven several articles , humbly submitted himself to the house , and humbly confessed his folly , as well touching the said articles ; as also his other fond and unadvised speech at the bar : and was upon the question remitted , with a good exhortation given him by mr. speaker at large . the case of smalley , servant to mr. arthur hall , burgess for grantham . and the case of kirtleton , hall's schoolmaster . mr. lievtenant of the tower , sir nicholas arnold , and mr. serjeant lovelace , were appointed to examine the matter touching the arrest of mr. hall's servant , before mr. speaker , at his chamber this afternoon . upon the question , and also upon the division of the house it was ordered , that edward smalley yeoman , servant unto arthur hall esq one of the burgesses for grantham , shall have priviledge . after sundry reasons and arguments , it was resolved , that edward smalley , servant unto arthur hall esq shall be brought hither by the serjeant , and set at liberty by the warrant of the mace , and not by writ . edward smalley , servant unto arthur hall esq being this day brought to the bar in this house by the serjeant of the house , and accompanied with two serjeants of london , was presently delivered of his imprisonment and execution , according to the former judgement of this house , and the said serjeants of london discharged of their said prisoner ; and immediately after that the said serjeants of london were sequestred out of this house , and the said edward smalley was committed to the charge of the serjeant of this house ; and thereupon the said edward smalley was sequestred , till this house should be resolved upon some former motions , whether the said edward smalley did procure himself to be arrested upon the said execution , in the abusing and contempt of this house , or not . . upon the question it was ordered , that mr. hall be sequestred the house , while the matter touching the supposed contempt done to this house be argued and debated . edward smalley upon the question was adjudged guilty of the contempt , and abusing of this house by fraudulent practice , of procuring himself to be arrested upon the execution , of his own assent and intention , to be discharged as well of his imprisonment , as of the said execution . matthew kirtleton , schoolmaster to mr. hall , was likewise upon another question adjudged guilty by this house of like contempt , and abusing of this house , in confederacy and practice with the said smalley in the intentions aforesaid . . upon another question it was adjudged by the house , that the said smalley be for his misdemeanor and contempt committed to the prison of the tower. . upon the like question it was also adjudged by this house , that the said kirtleton schoolmaster , be also for his lewd demeanor and contempt in abusing of this house , committed to the prison of the tower. . upon another question also it was resolved , that the serjeant of this house be commanded to bring the said edward smalley , and the said matthew kirtleton , schoolmaster to mr. hall , into this house , to morrow next in the forenoon , to hear and receive their said judgements accordingly . . and further , that the matter wherein the said arthur hall is supposed to be touched , either in the privity of the said matter of arrest , or in the abusing of the committees of this house , shall be deferred to be further dealt in till to morrow . the bill against arthur hall esq edward smalley , and matthew kirtleton his servant , was read the first time . edward smalley , servant unto arthur hall esq appearing in this house this day at the bar , it was pronounced unto him by mr. speaker , and in the name , and by the appointment and order of this house , for execution of the former judgement of this house awarded against him , that he the said edward smalley shall be forthwith committed prisoner from this house to the tower of london , and there remain for one whole month next ensuing from this present day ; and further , after the same month expired , until such time as good and sufficient assurance shall be had and made , for payment of one hundred pounds of good and lawful money of england , to be made unto william hewet , administrator of the goods , chattels and debts of melchisedeck mallory gent. deceased , upon the first day of the next term , according to the former order in that behalf by this house made and set down , and also s. for the serjeant's fees ; the notice of which assurance for the true payment of the said one hundred pounds in form aforesaid , to be certified unto mr. lievtenant of the tower , by mr. recorder of london , before any delivery or setting at liberty of the said edward smalley , to be in any wise had or made at any time after the expiration of the said month as is aforesaid , and that he shall not be delivered out of prison before such notice certified , whether the same be before the said first day of the next term , or after . the d . case of arther hall esq a member of parliament . upon a motion made unto this house by mr. norton , in which he declared that some person of late had caused a book to be set forth in print , not only greatly reproachful against some particular good members of this house of great credit , but also very much slanderous and derogatory to the general authority , power and state of this house , and prejudicial to the validity of the proceedings of the same , in making and establishing of laws , charging this house with drunkenness , as accompanied in their councels with bacchus ; and then also with choler , as those which had never sailed to anticyra , and the proceedings of this house to be opera tenebrarum . and further , that by the circumstance of the residue of the discourse of the said book , he conjectured the same to be done and procured by mr. arthur hall , one of this house , and so prayed that thereupon the said mr. hall might be called by this house to answer , and the matter further to be duly examined , as the weight thereof in due consideration of the gravity and wisdom of this house , and of the authority , state and liberty of the same , requireth . it is resolved , that the said mr. hall be forthwith sent for by the serjeant at arms attending upon this house , to make his appearance here in that behalf accordingly . and then immediately mr. secretary wilson did thereupon signifie unto this house , that the said mr. hall had upon his examination therein before the lords of the councel , heretofore confessed in the hearing of the said mr. secretary , that he did cause the said book to be printed indeed . upon relation whereof , and after some speech then also uttered unto this house by mr. chancellor of the exchequer , of the dangerous and lewd contents of the said book , the serjeant was forthwith by order sent to apprehend the said arthur hall , and was presently assisted for that purpose with sir thomas scot and sir thomas brown , by the appointment of this house . a commission was then also given by this whole house , unto mr. vice-chamberlain , mr. chancellor of the exchequer , mr. secretary wilson , mr. treasurer of the chamber , sir henry lee , sir thomas cecil , sir william fitz-williams , and sir henry gate , to send for the printer of the said book , and to examine him touching the said matter , and afterwards to make report thereof to this house accordingly . and also to take order and advise further for the sending for , and apprehending of the said arthur hall , if it should so fall out that he did withdraw himself , or depart out of town , before such time as the said serjeant could find him : with this further resolution also , that any such member of this house as should happen first to see him , or meet him , might , and should in the name of the whole house stay him , and bring him forth to answer the said matter forthwith before the whole house , with all possible speed . mr. secretary wilson declaring the travel of the committees in examining of the printer that did print mr. halls book , signified unto this house , that the said printer ( whose name is henry bynnyman ) upon his examination before the committees said , that one john wells a scrivener in fleetstreet , did deliver a copy to him ; and when the book was printed , he delivered one book to henry shirland in friday-street , linen-draper , to be sent to mr. hall ; and that afterwards about a year past , he delivered to mr. hall six of the said books , and one more to mr. halls man shortly after ; and said , that mr. hall promised to get him a priviledge , whereupon he adventured ( he saith ) to print the book : and saith , that the copy was written by wells the scrivener , and that he received of the said shirland linen-cloth to the value of l. s. d. for printing the said book , and that he staid of his own accord the publishing of the said books , till he was paid : whereas mr. hall was contented they should have been put to sale prefently . which report so made by mr. treasurer , and withall that mr. hall and the printer were both then at the door , the said mr. hall was thereupon brought to the bar , and being charged by mr. speaker in the behalf of the whole house , with the setting forth of the said book , containing very lewd and slanderous reproach not only against some particular members of this house , but also against the general estate and authority of this whole house . hall denied not the setting forth of the said book , protesting the same to be done by him without any malicious intent or meaning , either against the state of this house , or against any member of the same ; praying this whole house ( if he had offended in so doing ) they would remit and pardon him ; affirming withall very earnestly , that he never had any more then one of the said books ; and upon due consideration had of his own rashness and folly therein , willed that all the said books should be suppressed . then was mr. hall sequestred . henry bynnyman the printer was brought to the bar , who affirmed in all things as mr. secretary wilson before reported , and further that he had or of the said books ; and was thereupon sequestred . henry shirland was brought to the bar , who there confessed , that mr. hall did write a letter unto him , and sent the said book unto him , willing him to get it printed ; and thereupon he delivered the said book to bynnyman , to have it printed , wells the scrivener then being present with him ; and said further , that mr. hall had paid him again the nobles which he before had paid the printer ; and so he was then sequestred . and the said wells brought to 〈◊〉 ●ar upon his examination , 〈◊〉 , that when he was apprentice with one mr. dalton a scrivener in heerstreet , the said mr. hall then lying about paul's wharfe , sent unto his said master to send one of his men unto him , and that thereupon his said master sent him unto the said mr. hall , who when he came , delivered unto him a book in written-hand , willing him to carry it home with him , and copy it out , and said , that when he had shewed it to his master , his master commanded him to write part of it , and his fellows some other part of it , and his said master ( as he remembreth ) did write the rest of it , but what his said master had for the writing of it , he knoweth not . and being further examined , saith , that yesterday last past he delivered one of the said books to sir randal brierton , from the said mr. hall. and then the said john wells was sequestred . and afterwards all the privy-councel being of this house , mr. knight-marshal , mr. recorder of london , mr. serjeant flowerdew , mr. serjeant st. leiger , mr. crumwell , mr. atkins , the master of the jewel-house , sir thomas scot , sir thomas brown , mr. nathaniel bacon , mr. beale , mr. norton , and mr. alford , were added to the former committees for the further proceeding to examination of the matter touching mr. hall , the printer , the scrivener , and all other persons , parties or privy to the publishing of the said book , set forth in print by the means and procurement of the said mr. hall , and to meet upon wednesday next at two of the clock in the afternoon , in the exchequer chamber . which done , mr. hall being brought to the bar again , mr. speaker declareth unto him , that this house mindeth further to examine the particularities of the matter , wherewith they have charged him , and do therefore order him to the serjeants ward , with this liberty , that upon wednesday next in the afternoon , being accompanied with the serjeant , he may attend at the exchequer chamber upon the committees in the cause : and was thereupon had out of the house . henry bynnyman the printer , john wells the scrivener , and henry shirland linen-draper , being brought all three to the bar , were by mr. speaker injoyned in the name of the whole house , to give their attendance upon the said committees at the time and place aforesaid , and also at all times in the mean season thereof , if they shall happen to be called by them , or any of them : and so were had out of the house . and further it is ordered by this house , that mr. speaker do send the serjeant for john dalton , late master of the said john wells , and to charge him also to attend upon the said committees , at the said time and place in like manner . mr. vice-chamberlain for himself and the residue of the committees , appointed to examine mr. hall , the printer , the scrivener , and all other persons privy to the setting forth and publishing of the book , declared , that they had charged the said mr. hall with contempt against this house the last session , in that being enjoyned by this house to appear , he departed out of town , in contempt of the court , and afterwards testified the same his wilful contempt , by an unseemly letter addressed by him to this house , and charged him further with divers articles of great importance , selected by the said committees out of the said book : as first , with publishing the conferences of this house abroad in print , and that in a libel , with a counterfeit name of the author , and no name of the printer , and containing matter of infamy of sundry good particular members of the house , and of the whole state of the house in general , and also of the power and authority of this house ; affirming , that he knew of his own knowledge , that this house had de facto judged and proceeded untruely . and was further charged , that he had injuriously impeached the memory of the late speaker deceased ; that he had impugned the authority of this house , in appointing committees without his assent ; and that in defacing the credit of the body and members of this house , he practised to deface the authorities of the laws and proceedings in the parliament , and so to impair the ancient order , touching the government of the realm , and rights of this house , and the form of making laws , whereby the subjects of the realm are governed . and further was charged , that since his being before the lords of the councel for his said offence , and after that he had received rebuke of them for the same , and had offered some form of a submission , he had eftsoon again published the said book ; and that upon his examination in the house , he had denied the having any more than one of the said books , it was yet proved he had twelve or thirteen , and six of them he had given away , since the time he was called before the said lords of the councel . unto all which things , as the said mr. hall could make no reasonable answer or denial , so mr. vice-chamberlain very excellently setting forth the natures and qualities of the said offences , in their several degrees , moved in the end that mr. hall being without at the door , might be called in to answer unto those points before the whole house , and so thereupon to proceed to some end ; and therewithall perswading a due consideration of spending the time as much as might be in matters of greatest moment , wherein much less has been done this session , then in any other these many years in like quantity of time : and thereupon after divers other motions and speeches had in the said matter , the printer was brought to the bar , and being examined , avowed that mr. hall after that he had been before the lords of the councel , came to him and told him , that he had answered the matter for the books before the councel , and that therefore the printer might deliver the said books abroad . and also whereas the said printer wished unto the said mr. hall , since his last committing , that all the said books had been burned before he meddled with them ; mr. hall should say to him again , he would not for l. and then being sequestred . mr. hall was brought to the bar , where after some reverence done by him , though not yet in such humble and lowly wise as the state of one in that place to be charged and accused , requireth ; whereof being admonished by mr. speaker , and further by him charged with sundry of the said parts collected out of the said book , he submitted himself to the house , refusing to make any answer or defence at all in the matter , but acknowledging his error , prayed pardon of the whole house with all his heart ; and that done , was sequestred . after which , upon sundry motions and arguments had touching the quality and nature of his fault , and of some proportionable forms of punishment for the same , as imprisonment , fine , banishment from the fellowship of this house , and an utter condemnation and retractation of the said book , it was upon the question , resolved by the whole house without any one negative voice : . that he should be committed to prison . . and upon another question likewise resolved , that he should be committed to the prison of the tower , as the prison proper to this house . . and upon another question , it was in like manner resolved , that he should remain in the said prison of the tower by the space of . months . . and so much longer as until himself should willingly make a retractation of the said book , to the satisfaction of this house , or of such order as this house shall take for the same , during the continuance of this present parliament . . and upon another question is was also in like manner resolved , that a fine should be assessed by this house to the queens majesties use , upon the said mr. hall for his said offence . . and upon another question also it was resolved in like manner , that the said fine should be marks . . and upon another question also it was likewise resolved , that the said mr. hall should presently be severed and cut off from being a member of this house any more , during the continuance of this present parliament . and that mr. speaker , by authority of this house , should direct a warrant from this house to the clerk of the crown-office in the chancery , for the awarding of the queens majesties writ to the sheriff of the said county of lincoln , for a new burgess to be returned into this present parliament for the said burrough of grantham , in the lieu and stead of the said arthur hall , so as before disabled any longer to be a member of this house . . and upon another question it was also in like manner resolved , that the said book and scandalous libel should , and shall be holden , deemed , taken and adjudged to be utterly false and erronious . and that the same shall be publickly testified , affirmed and set forth to be false , seditious and erronious , in such sort , order and degree as by this house shall be , during this session of parliament , further determined in that behalf , which done , the said mr. hall was brought in again to the bar , unto whom mr. speaker in the name of the whole house , pronounced the said judgment in form aforesaid , and so the serjeant was commanded to take charge of him , and convey him to the said prison of the tower , and to deliver him to mr. lieutenant of the tower , by warrant from this house to be directed and signed by mr. speaker for that purpose . which done , and the said mr. hall had away by the serjeant , it was agreed ( upon a motion made by the speaker ) that the whole course and form of the said proceedings and judgment of this house against the said mr. hall , should be afterwards orderly digested and set down in due form , to be first read in this house , and then so entred by the clerk as the residue of the orders and proceedings of this house , in other cases , are used to be done . and so it was afterwards drawn into form , read unto the house , aud entred by the clerk accordingly , in haec verba : ( viz. ) whereas it was informed unto this house , upon saturday being the fourth day of this present february , that arthur hall of grantham in the county of lincoln esquire , had sithence the last session of this parliament , set forth in print and published a book , dedicated unto sir henry knyvet knight , a good member of this house , without his privity , liking or allowance , in part tending greatly to the slander and reproach not only of sir robert bell knight , deceased , late speaker of this parliament , and of sundry particular members of this house , but also of the proceeding of this house in the same last session of parliament , in a cause that concerned the said arthur hall , and one smalley his man ; and that there was also contained a long discourse tending to the diminishment of the ancient authority of this house ; and that thereupon by order of this house , the said arthur hall was sent for by the serjeant of this house , to appear on monday following , which he did accordingly : whereupon being called to the bar , and charged by the speaker with the information given against him , he confessed the making and setting forth thereof : whereupon the said arthur hall being sequestred , the house did presently appoint divers committees to take a more particular examination of the said cause , and of all such as had been doers therein ; which examination being finished by the said committees , they informed this house that they had charged the said arthur hall with contempt against this house the said last session , in that being enjoyned by this house to appear there at a time by this house prefixed , departed out of the town in contempt of the court , and afterwards testified and asserted the same his wilful contempt , by an unseemly letter addressed by him to this house ; and charged him also with publishing the conferences of this house , abroad out of the house , and that also in print , in manner of a libel , with a counterfeit name of the author , and without any name of the printer : in which book or libel was contained matter of reproach and infamy to sundry good members of this house in particular , and of the whole state of the house in general , reproaching and embasing what in him lay , the power and authority of this house ; and untruly reporting the orders of this house , affirming amongst other great reproaches , that he knew of his own knowledge that this house had judged and proceeded untruly ; and further charged him , that he had therein also injuriously impeached the memory of the late speaker deceased , affirming that the orders of this house were not by him truly delivered or set down , but altered and changed . and not herewith satisfied , hath in some part thereof contained a false and slanderous discourse against the antiquity and authority of the commons house , or third estate of the parliament ; wherein he hath falsly sought , as much as in him is , to impugn , deface , blemish and diminish the power , antiquity and authority of this house , and the interest that it hath always , and in all ages had , to the great impeachment of the ancient order and government of this realm , the rights of this house , and the form of making laws . and that since his being before the lords of the councel for his said offence , and after he had received rebuke of them for the same , and had offered some form of submission in that behalf , he had eftsoons again published the said book ; and that upon his examination in this house , he had denied the having of any more then one of the said books , yet it was proved he had . or . of them , and . of them since the time he was called before the lords of the councel : and that he had by his letters given order to have — of those books printed , which was done accordingly ; and that he had caused one of the said books , sithence this session of parliament , to be sent to sir randal brewerton kt. unto all which , as the said arthur hall could make no denial , or sufficient answer , so the said committees setting forth the nature and qualities of the said offences in their several degrees , moved in the end that the said arthur hall might be called into the house , to answer unto those points before the whole house , and so thereupon to proceed to some speedy end , perswading therewithal a due consideration to be had of spending the time as much as might be , in such matters of the realm , for which this parliament was chiefly called . whereupon after divers other motions and speeches had in the said matter , the said printer was brought to the bar , and being examined , avowed , that arthur hall after he had been before the lords of the councel , came to him , and told him , that he had answered the matter for the said books before the councel ; and that therefore the said printer might deliver the said books abroad ; affirming also , that whereas the said henry bynnyman the printer , sithence this session of parliament , and since his last committing , wishing unto the said arthur hall , that all the said books had been burned before he meddled with them ; that arthur hall should say to him again , he would not so for l. and then he being sequestred , arthur hall was brought to the bar , where after some mean reverence by him done , though not in such humble and lowly wise , as the state of one in that place to be charged and accused , required ; whereof being admonished by the speaker , and further by him charged , as well with the said parts collected out of the said book , as with other his misdemeanours and contempts aforesaid , he in some sort submitted himself to the house , acknowledging in part the matters wherewith he was charged , and in some other parts denied the same , but not making any good defence in the matter , but acknowledging in part his errors , imputing it for the most part to his misprision , and that in other parts the matters were gathered otherwise than he meant ; and thereupon he prayed pardon of the house , and that done , was sequestred . after which , upon sundry motions and arguments had touching the nature and quality of his faults , and of some proportionable forms of such punishment for such grievous offences , it was upon the question resolved and ordered by the whole house , without any one negative voice , that he should be committed to prison . and upon another question likewise resolved and ordered , that he should be committed to the prison of the tower , as the prison usual for offenders to be committed unto by this house . and upon another question it was in like manner resolved and ordered , that he should remain in the said prison of the tower by the space of months , and so much longer , as until himself should willingly make a particular revocation or retraction under his hand in writing , of the said errors and slanders contained in the said book , to the satisfaction of this house , or of such order as this house shall take for the same , during the continuance of this present session of parliament . and upon another question it was also in like manner resolved and ordered , that a fine should be assessed by this house to the queens majesties use upon the said arthur hall , for his said offence . and upon another question it was resolved and ordered in like manner , that the said fine should be marks . and upon another like question it was likewise resolved and ordered , that the said arthur hall should presently be removed , severed and cut off , from being any longer a member of this house , during the continuance of this present parliament ; and that the speaker by authority from this house , should direct a warrant from this house to the clerk of the crown-office in the chancery , for the awarding of the queens majesties writ , to the sheriff of the said county of lincoln , for a new burgess to be returned into this present parliament , for the said burrough of grantham , in the lieu and stead of the said arthur hall , so as before disabled any longer to be a member of this house . and upon another question it was also in like manner resolved and ordered , that the said book or libel was and should be holden , deemed , and taken and adjudged , to be for so much as doth concern the errors aforesaid , condemned . which done , the said arthur hall was brought in again to the bar , unto whom the speaker in the name of the whole house , pronounced the said judgement in form aforesaid ; and so the serjeant commanded to take charge of him , and convey him to the said prison of the tower , and to deliver him to the lievtenant of the tower by warrant from this house , to be directed and signed by the said speaker for that purpose . whereas by a former order of this house , arthur hall esq was committed prisoner to the tower of london , there to remain by the space of months , and so much longer , as until himself should willingly make a general revocation or retractation under his hand in writing , of certain errors and slanders , contained in a certain book set forth in print , and published in part , greatly tending to the slander and reproach of sir robert bell kt. deceased , late speaker of this present parliament , and of sundry other particular members of this house , and also of the power , antiquity and authority of this house , to the satisfaction of this house , or of such order as this house should take for the same , during the continuance of this present session of parliament , as by the same order made and set down by this house , upon tuesday being the th . day of february foregoing , in this present session of parliament , more at large doth and may appear . and where also the said arthur hall hath ever since the said order taken , remained in the said prison of the tower , and yet still doth , and hath not at all made any revocation or retraction of the said slanders , errors and vntruths , to the satisfaction of the said house , according to the said order ; it is now therefore ordered and resolved by this house , that the further allowance of such revocation or retractation to be hereafter made as aforesaid , shall be referred unto the right honourable sir francis knolls knt. one of her majesties most honourable privy councel , and treasurer of her highness's most honourable household ; sir james croft knt. one other of her majesties most honourable privy councel , and comptroller of her majesties said most honourable houshold ; sir christopher hatton knt. one other of her highness's said most honourable privy councel , and vice-chamberlain to her majesty ; sir francis walsingham knt. and thomas wilson esq her highness's two principal secretaries ; sir walter mildmay knt. one of her highness ' said most honourable privy councel , and chancellor of her highness's court of exchequer ; and sir ralph sadler knt. one other of her highness said most honourable privy councel , and chancellor of her highness's dutchy of lancaster , being all members of this house , or unto any three of them , to be by them or any three of them further declared and reported over unto this house , in the next session of parliament to be holden after the end of this said session accordingly . the d. case of arthur hall esq on saturday the th . day of december , notice being given to the house , of one mr. hall , a member of the same , that had not attended all this parliament , it was ordered , that the serjeant should give him warning to attend upon munday next . the business of mr. arthur hall , of which the house had been informed upon their first meeting this morning , was before the rising of the house referred to mr. wolley , mr. crumwel , mr. diggs , and mr. sands , to peruse the order touching the same , against munday next , being the day appointed by the house for the said mr. hall to appear before them . the th . case touching arthur hall esq on munday the . day of november , ( to which day the parliament had been on friday the th . day of the said month foregoing last adjourned ) mr. markham , a burgess for the burrough of grantham in the county of lincoln , shewed on the behalf of the inhabitants of the said burrough , that mr. arthur hall having been in some former parliaments returned a burgess for the said burrough , and in some of the said parliaments , for certain causes the house then moving , disabled for ever afterwards to be any member of this house at all , hath of late brought a writ against the inhabitants of the said burrough for his wages , ( amongst other times ) in attendance at the late session of parliament holden at westminster , in the th . year of her highness's reign , during which time , as also a great part of some other of the said former parliaments , he did not serve in the said house , but was for some causes as aforesaid disabled to be any member of this house , and was also then committed prisoner to the tower of london , and so prayeth the advice and order of this honourable house therein ; unto the censure and order whereof , the said inhabitants do in most humble and dutiful wise submit themselves , and so shewed the said writ , which was then read by the clerk ; after the reading whereof , and some speeches had touching the former proceedings in this house against the said mr. hall , as well in disabling him to be any more a member of this house , as also touching his said imprisonment , the matter was referred to further consideration , after search of the presidents and entries of this house heretofore had and made in the course of the said cause . on friday the d . day of december , upon a motion this day renewed on the behalf of the inhabitants of the burrough of grantham , in the county of lincoln , touching a writ brought against them by arthur hall esq whereby he demandeth wages of the said inhabitants , for his service done for them in attendance at sundry parliaments , being elected and returned one of the burgesses of the said burrough in the same parliaments ; for as much as it is alledged , that the said arthur hall hath been heretofore disabled by this house , to be at any time afterwards a member of this house ; and also that in some sessions of the same parliaments , he hath neither been free of the corporation of the said burrough , and in some other also hath not given any attendance in parliament at all : it is ordered , that the examination of the state of the cause be committed to the right honourable sir walter mildmay kt. one of her majesties most honourable privy councel , chancellor of her highness's court of exchequer , sir ralph sadler kt. one other of her majesties most honourable privy councel , and chancellor of her highness's dutchy of lancaster , thomas crumwel , robert markham , and robert wroth esquires ; to the end , that after due examination thereof by them had , ( if it shall so seem good to them ) they do thereupon move the lord chancellor on the behalf of this house , to stay the granting out of any attachment or other process against the said inhabitants for the said wages , at the suit of the said arthur hall , and the said committees also to signifie their proceedings therein to this house , at the next sitting thereof accordingly . an order delivered by mr. crumwel , entred by the consent of the house . whereas upon complaint made to this house , upon munday the . day of november , in the first meeting of this present parliament , on the behalf of the burrough of grantham , in the county of lincoln , against arthur hall gent. that the said arthur hall had commenced suit against them , for wages by him demanded of the said burrough , as one of the burgesses of the parliament , in the sessions of parliament holden in the . . . and . years of the reign of our sovereign lady the queens majecty , wherein it was alledged , that the said burrough ought not to be charged , as well in respect of the negligent attendance of the said mr. hall at the said sessions of parliament , and some other offences by him committed at some of the said sessions , as also in respect that he had made promise not to require any such wages . the examination of the said cause , on the d . day of december , in the last session of this parliament , by order of this house , was committed unto sir ralph sadler kt. chancellor of the dutchy , sir walter mildmay kt. chancellor of the exchequer , thomas crumwel , robert markham , and robert wroth esqs. this day report was made by the said committees , that not having time during the last session of parliament , to examine the circumstances of the cause , they had in the mean season by their letters advertised my lord chancellor , that the said cause was committed unto them , and humbly requested his lordship , to stay the issuing forth of any further process against the said burrough , until this session of parliament ( or meeting ) which accordingly his lordship had very honourably performed ; and the said committees did further declare , that having , during this session of parliament ( or meeting ) sent for mr. hall , declared unto him the effect of the complaint against him ; they had desired him to remit the said wages which he had demanded of the said burrough , whom they found very conformable to condescend to such their request ; and that the said mr. hall then alledged and affirmed unto them , that if the citizens of the said burrough would have made suit unto him , he would upon such their own suit then remitted the same ; so was he very willing to do any thing which might be grateful to this house , and did freely and frankly remit the same ; which being well liked of by this house , it was by them this day ordered , that the same should be entred accordingly . §. . mr. arthur hall's case stated . i. anno eliz. . mr. arthur hall , burgess for grantham , for writing a book derogatory to the authority , power and state of the commons house of parliament , had judgment , nemine contradicente . . to be imprisoned in the tower for months , and from thence till he had made a retractation of his book . . to be severed and cut off from being a member of that or any future parliament . . a fine of marks to the queen . . his book and slanderous libel adjudged utterly false and erroneous . ii. anno jacobi , . the bishop of bristol publishing a book , tending to make division and strife , wrong and dishonour , both to the lower house , and the lords themselves , was complained of by the commons to the lords . the earl of salisbury at a conference between the two houses , rebuked the bishop , that any man should presume to see more than a parliament could ; the bishop made his recantation : . that he had erred . . that he was sorry for it . . if it were to do again , he would not do it . . but protested , it was done of ignorance and not of malice . iii. anno jacobi , . dr. cowell , professor of the civil law at cambridge , writ a book called the interpreter , rashly , dangerously , and perniciously asserting certain heads , to the overthrow and destruction of parliaments , and the fundamental laws and government of the kingdom . he was complained of by the commons to the lords , as equally wounded , who resolved to censure his errors and boldness : but upon the interposition of the king , who declared that the man had mistaken the fundamental points and constitutions of parliaments , promised to condemn the doctrines of the book as absurd , and him that maintained the positions , they proceeded no further . his principles , with the evident inferences from them , were these : . that the king was solutus à legibus , and not bound by his coronation oath . . that it was not ex necessitate that the king should call a parliament to make laws , but might do that by his absolute power ; for voluntas regis ( with him ) was lex populi . . that it was a favour to admit the consent of his subjects , in giving of subsidies . . the doctor draws his arguments from the imperial laws of the roman emperors ; an argument which may be urged with as great reason , and upon as good authority , for the reduction of the state of the clergy of england , to the polity and laws in the time of those emperors ; as also to make the laws and customs of rome and constantinople , to be binding and obligatory to the cities of london and york . iv. in the same parliament , mr. hoskins a member of the commons , produced several other treatises containing as much as dr. cowell's book , all sold impune ; amongst the rest there was one blackwood's book , which concluded , that we are all slaves by reason of the conquest . upon these pernicious and false principles , our more modern authors have without controul published to the world , these , and many more dangerous positions , against the very being and honour of parliaments , and destructive to the ancient fundamental laws , priviledges , and customs of this realm . positions . . that originally the parliament consisted only of such as it pleased the king to call , none having right to come else . . that all the subject hath , is the kings : and he may lawfully at his pleasure take it from us , in regard he hath as much right to all our lands and goods , as to any revenue of the crown . . that the saxon kings made laws by the advice of the bishops , and wise men , which were no other then the privy-councel . . that the laws , ordinances , letters patents , priviledges and grants of princes , have no force but during their life , if they be not ratified by the express consent , or at least by the sufferance of the prince following , who had knowledge thereof . what then becomes of the peerage of england ? what of the bishops , deans , prebends , and other dignified clergy ? what of the charters of all corporations ? what of hereditary offices ? and what of offices and places for life ? and lastly , what becomes of the charters and priviledges of the two most famous vniversities ▪ of england , cambridge and oxford ? . that taxes and subsidies were raised and paid without any gift of the commons , or of any parliament , in the saxon times ; for instance , danegelt . . for it was matter of grace for the king to call the commons to parliament . yet afterwards the commons were called and made a house by the bishops , in the times of the barons war , the better to curb them ; yet were they never called to consult , but only to consent . . yet others deny that , and affirm that the commons had their first birth and beginning by rebellion , anno h. . and that too after the battel of lewes , when the barons had the king and prince edward in their power as prisoners , and exercised regal authority in his name . he reigned . years . . but this is not agreed by some , for they say , ab ingressu of william the first , ad excessum h. . they cannot find one word of the plebs or commons being any part of parliament ; hence another infers , that the opinion is most like , who think , that the commons giving their assent to making of laws , began about the time of e. . . the legislative power is wholly in the king , for the statutes of most antiquity ( according to the phrase of penning ) may seem to be the meer will and pleasure of the king , assisted with his councel , neither lords nor commons being named : witness , inter al. the statute of magna charta , h. . &c. . nor did the commons take into consideration matters of religion , which was only the place and function of the lords spiritual and divines to determine , and not at all appertaing to the laity : semper exclusis dominis temporalibus , & communitate regni . . as for the priviledges of the house of commons pretended to , there 's none to be found full , and firm , but only their being freed from arrests , and that hardly . . they are not called to be any part of the common councel , by the writ of summons . . nor to consult de arduis regni negotiis , of the difficult business of the kingdom . . for the writ saith , that the king would have conference and treat with the great men and peers , but not a word of treaty and conference with the commons . . their duty being only ad faciend . & consentiend . to perform and consent to such things as should be ordained by the common councel of the kingdom . . nor is there so much mention in the writ , as a power in the commons to dissent . [ no more is there in the lords writ , what then ? ] . until h. 's time the commons were often petitioning , but never petitioned to , and then directed to the right worshipful commons . . that until the time of e. . ( who was an infant ) for that i suppose was the pretended foundation of the notion , it was punctually expressed in every kings laws , that the statutes were made by the king alone : and then there began a dangerous alteration in the phrasing and wording of acts of parliament , to the disadvantage of the crown , and invading the prerogative . . lastly , for it would be tedious to trouble the reader with all their absurdities , chimaera's , and false inferences and notions with which they have stuffed their books , and imbroiled the kingdom , by imposing upon the understanding of many of the clergy and gentry in the nation ; they boldly assert , that the kings prerogative is a preheminence in cases of necessity , ( of which he is the proper and sole judge ) above and before the law of property and inheritance . and so farewell all parliaments ; and by consequence , farewell all laws . it is god alone who subsists by himself ; the right of crowns and kingdoms , and all other things , exist in mutual dependance and relation . the soveraignty , honours , lives , liberties and estates of all , are under the guard of the law , which when invaded by fraud or wit , or destroyed by force , a dismal confusion quickly veils the face of heaven , and brings with it horrid darkness , misery and desolation ; rapine , plunder and cheating , both private and publick , will be allowed and protected ; continual rebellions , unjust proscriptions , villanous accusations and whippings , illegal and lasting imprisonments and confiscations , dismal dungeons , tormenting racks and questions , arbitrary and martial law , murthers , inhumane assassinations , and base and servile flatteries , multiplied by revenge , ambition , and insatiable avarice , will become the common law of the land. all these and myriads more will be enacted for law , by force or fraud . all which that wise king james well understood , who saith , that not only the royal prerogative , but the peoples security of lands , livings and priviledges , were preserved and maintained by the ancient fundamental laws , priviledges and customs of this realm , and that by the abolishing or altering of them , it was impossible but that present confusion will fall upon the whole state nnd frame of this kingdom . and his late majesty of ever blessed memory , was of the same mind and opinion , when he said , the law is the inheritance of every subject , and the only security he can have for his life or estate , and the which being neglected or dis-esteemed , ( under what specious shew soever ) a great measure of infelicity , if not an irreparable confusion , must without doubt fall upon them . but to return back . v. anno caroli primi , dr. manwaring was impeached in parliament by the commons , for preaching and printing several sermons , with a wicked and malicious intention to seduce and misguide the conscience of the king , touching the observation of the laws and customs of this kingdom , and the rights and liberties of the subjects thereof , and to incense his royal displeasure against his subjects , and to scandalize , subvert and impeach ●he good laws and government of this realm , and the authority of the high court of parliament , to alien his royal heart from his people , and to cause jealousies , seditions and divisions in the kingdom : whereupon he had judgment , . to be imprisoned during pleasure of the house of lords . . was fined a l. to the king. . to make such submission and acknowledgment of his offences in writing , both there and at the bar of the commons house . . suspended for the term of years , from exercising the ministry . . fo● ever disabled to preach at court. . that he should be for ever disabled to have any ecclesiastical dignity , or secular office. . that his said books were worthy to be burnt ; and that for the better effecting of that , his majesty was to be moved to grant a proclamation to call them in , to be burnt in london , and both the vniversities , and to prohibit their reprinting . this was the judgment of the lords . the doctor made his submission upon his knees , first at the bar of the house of lords , and after on his knees , at the bar of the house of commons : his submission was this , i do here in all sorrow of heart and true repentance , acknowledge those many errors and indiscretions which i have committed , in preaching and publishing those two sermons of mine i call religion and allegiance , and my great fault in falling upon this theam again , and handling the same rashly , scandalously and unadvisedly , in mine own parish-church in st. giles in the fields , the th . of may last past ; i do humbly acknowledge those three sermons of mine , to be full of many dangerous passages and inferences , and scandalous aspersions , in most parts of the same . and i do humbly acknowledge the justice of this honourable house , in that sentence and judgment pass'd upon me for my great offence ; and i do from the bottom of my heart crave pardon of god , the king , this honourable house , the church , and the commonwealth in general , and those worthy persons reflected upon by me in particular , for these great errors and offences . roger manwaring . after all which , the lords ordered the bishop of london to suspend him , according to the clause expressed in the part of the judgment against him . the doctor after got a pardon , and was made a bishop , which occasioned great disturbances in the house of commons , in car. . the charge and articles against the doctor , drawn out of his own books . article i. . that his majesty is not bound to keep and observe the good laws and customs of the realm , concerning the right and liberty of the subject , to be exempted from all loans , taxes , and other aids laid upon them , without common consent in parliament . . that his majesties will and command in imposing any charges upon his subjects , without such consent , doth so far bind them in their consciences , that they cannot refuse the same without peril of eternal damnation . article ii. . that these refusers had offended against the law of god. . against the supreme authority . . by so doing were become guilty of impiety , disloyalty , rebellion , disobedience , and liable to many other taxes . article iii. . that authority of parliament is not necessary for the raising of aids and subsidies . . that the slow proceedings of such assemblies , are not fit to supply the urgent necessity of the state. . that parliaments are apt to produce sundry impediments to the just designs of princes , and to give them occasion of displeasure and discontent . it was a saying of themistius in his consular oration to jovinian the emperor , that some bishops did not worship god , but the imperial purple . this dr. as i said before , after this so solemn a judgment , did in the time of prorogation , between & car. . get a pardon , and not only so , but the bishoprick of st. davids ; which occasioned great debates and disturbances in the parliament when they reassembled again , the power and validity of his pardon being brought in question , and several times argued : but the dissolution of the parliament put an end to the dispute for that time . but in the parliament before the long parliament of . the lords highly resented it , as may appear by following proceedings . this day was read the declaration of the house of commons made tertio caroli regis , against dr. manwaring , since lord bishop of st. davids , and likewise the sentence pronounced against him by the lords spiritual and temporal in the high court of parliament , which is committed to the consideration of the lords of the grand committee for priviledges ; and it was moved , that what can be alledged on the lord bishop of st. davids part , either by pardon , license , or otherwise , that it may be produced and seen at the sitting of the lords committees , for theirfull and clear understanding , and better expedition in the business . having taken into consideration the business concerning dr. manwaring , it was ordered , that upon munday next the records be brought into the house , that the house may determine the cause touching dr. manwaring . the business appointed this day concerning dr. manwaring , is referred until to morrow morning , viz. aprilis . the lord keeper by command from his majesty was to let their lordships know , that his majesty had understood that there was some question concerning doctor manwaring now bishop of saint davids , and that his majesty had given command that the said dr. manwaring shall not come and fit in parliament , nor send any proxy to the parliament : thereupon it was ordered to be entred so . and between that and the next parl. as i am informed , he died . vi. anno caroli primi , dr. mountague was complained of in the house of commons , for writing and publishing several tenents , tending to * arminianism and popery , and that he had committed a contempt against the house . * heli the priest , who teaching from without , corrupted faith , bound under laws of might , not feeling god , but blowing him about , in every shape and likeness but the right . we are to desire to conform our selves to former parliaments ; this cause began here , . jac. and then it was commended to the archbishop ; but after it was so far from cure , that another book of appeal came out , and the parliament , caroli sent to the archbishop to know what he had done ; who said he had given mountague admonition , and yet he printed that second book without his consent , and so it was then debated ; and the house voted that he had done a contempt to the house of commons , and that it disturbed the church and commonwealth . since that they find that book was countenanced , and defended by bishops , and others . at the last parliament the house again took it into consideration , and voted that mountague had sowed sedition , and endeavoured to reconcile us to rome . now it was thought good that an addition should be made to the articles against richard mountague clerk. first , that he about . jac. printed a book called a gag for the puritan , and about the . jac , the treaty of the invocation of saints , and caroli , an appeal to caesar , in every of which he affirmed divers opinions , contrary to the articles of religion , and by his so doing , hath broke the laws , and disturbed the peace of the church . he said that the church of rome , had ever remained firm in their doctrine , and that the sacrifice of masses , &c. and also that contrary to his duty and allegiance , under the name of puritans , he had laid vile aspersions on divers conformable persons . and also he labours to draw men to popery , by subtile and secret ways . his appeal hath divers passages that are contumelious to his majesties father king james , and to divers worthy and learned divines . for all which the ommons pray he may be punished , for thus disturbing the peace of the church and state. two cautions are observed ; first , we meddle not with inferences and collections , but with immediate contradictions to the articles of religion , and the book of homilies ; also he is not charged with opinions contrary to the divines of england . he recites the articles as if we may depart away from grace the word ( away ) is not in the articles . also the articles do not say that men justified may fall away from that state ; as for the homilies , for the word ( away ) he puts in fall away . also he seems to make difference between the church in foreign parts , and the church of england . as for his charge of sedition , it is clear by dividing the kingdom under the name of puritans , labouring to bring his majesty in jealousie with 〈◊〉 subjects , and to stir up others in hatred against such . first , he lays the name of puritans upon the kings subjects , that are dutiful and honest subjects . in truth at the first this word was given to them that severed themselves from the church ; but he says there are puritans in heart , and puritans in doctrine , as of predestination and reprobation . also this division and aspersion is new , and under this name he comprehends some of our bishops . also he labours to bring those persons into dislike with his majesty , as dangerous persons ; he says they are a potent faction , that authority is a mote in their eye , and they are cunning and active men . and he concludes , domine imperator defende me gladio , & ego te defendam calamo . also he labours to bring them in scorn ; in his appeal , they hold the cross of christ in as great despite as julian . also he withdraws the subjects from their religion to popery , and he introduceth those mischiefs that the law seeks to prevent . by the law eliz. and other statutes , it is treason to withdraw any from the religion established ; but he cunningly infuseth popery . he saith , the points of controversie between vs and the papists , are arbitrary , and that we and they assent in some opinions , as in the point of free-will ; that their opinions and ours are all one ; and for the point of real presence , for which so many have suffered death , he saith , that they jangle without cause . also it was desired , that those absurdities and consequences we lay upon the papists , for the point of free-will , may be spared , and that they are bugbears , &c. and for converting men to popery , he speaks favourably of the pope ; that he is the first and greatest bishop , and fit to determine controversies ; and that the pope is not antichrist , he spends a whole chapter in that ; and that the romish church is part of the catholick church , we mention in our creed ; and for popish ceremonies , he commends and approves pictures in churches ; and so for the cross he saith , caro signetur ut anima . also he labours to reconcile papists and vs ; whereas if we offer composition , we lose or part with somewhat . also he lays scandals on us , and our doctrine , that there is no certainty in our points of difference , and that our divines themselves differ . also he favours those practices that have been used by the king's enemies : a spaniard saith , nothing is better for the ruine of the english , than to establish a faction amongst them , which he labours to effect . his tenents dishonourable to k. james , who was diligent to prevent arminianism ; now he labours to discredit the synod at dort. also k. james in his learned works proves the pope to be antichrist ; but mountague said , he never had a probable argument thereof . also he puts disgraces on protestant divines , that calvin , perkins , and beza , are dictators ; and that beza doth puritanize ; and dr. whitacre , that he was a man of their side . his prophaneness in speaking of preaching , and other exercises of religion ; in preaching in pulpits they brawl , &c. and conferences after sermons , he calls them prophetical determinations , and to chew the cud as after lectures , bible - bearers , &c. it was ordered , that the articles be presented to the lords , and that mountague be transmitted to the lords . after which , the parliament was prorogued to the th . year of that king's reign , where the commons were upon him again , and questioned a pardon he had got in the time of prorogation ; but shortly after the parliament was dissolved . § . some presidents wherein the house of commons have for misdemeanors turned out and discharged their members . i. anno eliz , dr. parry for several misdemeanors and crimes , was disabled to be any longer a member in the house . ii. an. jac. sir giles mompesson for being a monopolist , and for other great and insufferable crimes by him committed , to the abuse of his majesty , and grievous oppression of the subjects , was . turned out of the house . . committed to the tower. and after impeached before the lords , who gave judgment upon him : . to be degraded of the order of knighthood . . to stand perpetually in the degree of a person outlawed for misdemeanors and trespasses . . his testimony never to be received in any court , nor to be of any inquisition or jury . . to be excepted out of all general pardons . . that he should be imprisoned during his life . . not to approach within . miles of the courts of the king or prince , nor at the kings high court usually held at westminster . . that the king should have the profits of his land for life , and all his goods and chattels , and should be fined at l. . he was also disabled to hold or receive any office under the king , or for the commonwealth . . and lastly , ever to be held an infamous person . iii. and in the parliament jacobi , sir john bennet knight , * one of the members of the house , having been accused for corruption , in receiving divers bribes in the execution of his judicial place of judge of the prerogative court of canterbury : all which was proved to the full satisfaction of the house . ordered by the commons house of parliament , . that a warrant should issue under mr. speakers hand , directed to the sheriffs of london and middlesex , for the safe keeping of the said sir john bennet , until they shall receive other directions from the lords ; to whom the commons had resolved to prefer an impeachment against him . . that he be put out , and no longer to continue a member thereof . . that a warrant be made for a writ for a new choice for the vniversity of oxford . iv. in the same parliament , the commons house of parliament for that sir robert floyd had been a projector of a patent for a monopoly , being a general grievance both in the original creation , and in the execution : resolved una voce , that the said sir robert floyd was a person unworthy to continue a member of this house , and adjudged him presently to be put out . v. anno car. . mr. john barbour a lawyer , and recorder of the city of wells , for subscribing a warrant for the quartering of souldiers ; though he pleaded fear ; yet because he would rather not lose his place than do justice , he was thought unfit to make laws , that violates the laws , his fault being aggravated by his profession ; he had done well to have remembred r. . when belknap amongst other judges gave his opinion for fear , unwilling to lose his cushion ; when he came home he could not sleep , but said , i deserve three h. h. h. a hurdle , a halter , and a hangman . h. . a law was made , that fear , much less ambition or avarice , should be no good plea , there being no hope of a coward . this may serve as an almanack for the meridian of england . this example will prove more and try more than points of doctrine ; it will strike fear , circumspecta agatis : mr. barbour was called in to answer for himself , and after withdrew , and ordered , . that mr. barbour be suspended the house , and sequestred , till the pleasure of the house be known . . that a committee examine the cause , and that no motion be made till that be done . . and the order was signified to mr. barbour by the serjeant . § . some presidents for punishing persons that were no members of the house , for contempts ànd misdemeanors . i. anno e. . criketost for confederating in the escape of one floud , was committed to the tower , and afterwards discharged paying his fees. ii. complaint was made by sir herbert croft , of bryan tash a yeoman of his majesties guard , for keeping out of the doors of the vpper house ; and sir herbert himself , and some others of the commons offering to come in , he repulsed them , and shut the door upon them , with these uncivil and contemptible terms , goodman burgess you come not here . the question moved in this was , that for so great contempt , whether the house of it self should proceed to punish , or address themselves to the proper officcr the lord chamberlain , captain of the guard , &c. and so was left for this day . a president of the like contempt by a gentleman-usher , remembred to have been questioned in this house in a parliament in her majesties time . this day the contempt of the yeoman of the guard was again remembred , and propounded as meet to be left to the examination and report of the committee for returns and priviledges . but herein an honourable person , and a special member of the house , interposed his advice , that there might be some moderate course taken with respect to his majesties service , and to the eminent and honourable officers whom it might concern : which induced the house thus far to be pleased , that the offender the next day should appear and answer his contempt at the bar , with caution and on purpose ( which the house did then utter ) that if he seemed to understand his own offence , and be sorry for it , and would submit himself to the pleasure and mercy of the house , praying pardon and favour , they would remit and discharge him ; and the serjeant was commanded to attend the said order for his appearance . bryan tash a yeoman of the guard , for his contempt to the house , being in the custody of the serjeant , and brought to the bar , upon his submission and confession of his fault , mr. speaker pronounced his pardon and dismission , paying the ordinary fees to the clerk and serjeant ; and in the name of the house gave him advice and warning , for his better care and carriage hereafter , upon any the like occasions , in the course of his service and attendance . iii. anno jac. the commons house of parliament adjudged sir francis mitchell , a lawyer , to be prisoner in the tower , for his many misdemeanors in and about the procuring of a patent concerning the forfeitures of recognizances , and of alehouse-keepers ; and further ordered , that a serjeant at arms should forthwith take him into his custody , and that at two of the clock that afternoon , should carry him on foot through london-streets unto the tower , there to be delivered to the lieutenant . after which the commons impeached him before the lords ; who having examined his arbitrary acts , great crimes , and intollerable villanies , by imprisonments and the ruine of many families , all proved , as may be seen in the lords journal . the lords agreed of the sentence of sir francis mitchell , sent a message unto the house of commons , that the lords have proceeded against sir francis mitchell upon the complaint of the commons , and they have found him guilty of many exerbitant offences , and are ready to give judgment against him , if they with their speaker will come to demand it . answered , they will come accordingly with all convenient speed . in the mean time the lords put on their robes . the commons being come , and the speaker at the bar , after low obeysance he said , there was heretofore related unto your lordships by the house of commons , a complaint of many griivances against sir giles mompesson , and sir francis mitchell , for many offences committed by them , committed against the king and the commonwealth : your lordships have proceeded with mompesson , and given judgment also against him ; understanding you are ready to pronounce judgment also against the said sir francis mitchell , i the speaker , in the name of the knights , citizens and burgesses of the commons house of parliament , do demand and pray that judgment be given against him the said sir francis mitchell , according to his demerits . the lord chief justice pronounced the judgment , in haec verba . mr. speaker , the lords spiritual and temporal have taken into due consideration the great care and pains taken by the commons , to inform their lordships of the great complaints , and the qualities and natures thereof , presented unto them against the said sir francis mitchell , and others ; whereof their lordships being well prepared by them to the true understanding of the same , and thereupon have proceeded to the perfect discovery thereof , by examination of divers witnesses upon oath , do find thereby sir francis mitchell clearly guilty of many great crimes and offences against his majesty and the commonwealth , and have tesolved at this time to proceed to judgment against him for the same : and therefore the lords spiritual and temporal of this great and high court of parliament , do award and adjudge , . that the said sir francis shall stand and be from henceforth degraded of the order of knighthood , with reservation of the dignity of his now wife and children , and the ceremony of degradation to be performed by direction of this court , to the earl marshals court. . that he shall be imprisoned during the kings pleasure in finsbury gaol , in the same chamber there which he provided for others ; the tower where he now remaineth , being a prison too worthy for him . . that he shall undergo a fine of l. . that he shall be disabled to hold or receive any office under the king , or for the common-wealth . iv. anno jac. the commons after a conference with the lords , referred the bailment of matthias fowles , george geldard , and other prisoners , who had been infamous agents for mompesson and mitchell , and by them transmitted to the lords , ( the parliament being to be adjourned for some time ) the opinion of the commons was , that the gaol was the best bail for them . v. anno jac. dr. harris , minister of blechingley , who had misbehaved himself by preaching , and otherwise with respect to election of members of parliament there , and being complained of in the house , and referred to a committee ; the committee was clearly satisfied that it was a high and great offence ; they are of opinion he should be called to the bar as a delinquent , to be admonished , and to confess his fault there and in the countrey , and in the pulpit of the parish-church , on sunday seven-night before the sermon . the doctor was brought to the bar , and kneeled ; the house agreed with the committee , and mr. speaker pronounced judgment upon him accordingly . vi. anno car. . mr. burgesse , a minister in oxfordshire , who had abused his function in the duty of catechizing , by making an interlude full of blasphemous speeches ; and also in a sermon , which was made only to traduce the puritans , was sent for by a messenger ; being brought to the committee , refused to answer , for which he was committed : . to the tower. . after petitioned for his deliverance , and humbly submitted ; whereupon he was delivered out of the tower. vii . in the same parliament , sir william wray , mr. langton , mr. john trelawnie , and mr. edward trelawnie , being deputy-lievtenants of the county of cornwall , assumed to themselves a power to make whom they only pleased , knights of the shire , defamed sir john elliot , and mr. corriton , who stood to be chosen , sent up and down the countrey letters for the trained-bands to appear at the day of election , menaced the countrey , under the title of his majesties pleasure . it was ordered , . that mr. langton and mr. john trelawnie be committed to the tower , for their offence done to the house , there to remain during the pleasure of the house , and that they make a submissive acknowledgment of their offences . . and sir william wray , and mr. edward trelawnie , be committed to the serjeant , and so to remain till they make their recognition in the house . after all which , the question was , whether the gentlemen should make the recognition at the assizes in cornwall , or no : and it was ordered , that the recognition and submission should be made in the countrey ; and a committee was appointed to draw the recognition , and they were sent to the tower. the four gentlemen were called in to the bar , and the speaker pronounced the judgment upon them , all that while they kneeled . viii . anno car. . sir thomas wentworth reporteth the business , concerning the toll granted to levet for — bridges in yorkshire , to him and his heirs , to be holden in soccage of east-greenwich , at s. rent , with power to seize goods , &c. no grant hereof till jac. nor any fruit thereof till jac. the bridge anciently in good repair , some particularly bound to repair it . this patent adjudged by the committee a grievance to the subject , both in the original creation and execution . upon question so adjudged here : ordered upon question , that levet , that hath peremptorily exercised a patent , here condemned the last session , for taking toll at — bridges in yorkshire , shall be sent for by the serjeant at arms attending upon this house . ix . anno car. . mr. rolls a merchant , and a member of the house , informed the house that his goods were seized by the customers for refusing to pay the customs by them demanded , although he told them he would pay what was adjudged to be due by law. it was ordered , that the officers of the custom-house should be sent for . x. sir john elliot reported from the committee for the examination of the merchants business , that the committee finding acton sheriff of london in prevarications and contradictions , in his examination , which being conceived to be a contempt to the house , he desires he might be sent for to answer his contempt . mr. goodwyn . the sheriff acknowledgeth his error , and humbly desireth so much favour , that he may once again be called before the committee , and if he give not full content by his answer , he will refer himself to the wisdom and justice of the house . sir walter earl seconded this motion , so did alderman moulson , secretary cook , chancellor of the dutchy , and some others : but this offence being declared to be so great and gross , and that the committee had given him so many times to recollect himself , and he being so great an officer of so great a city , had all the favour that might be , and yet rejected the same , and carried himself in a very scornful manner . wherefore it was ordered he should be sent for unto the house as a delinquent to morrow morning . sheriff acton was called to the bar , as a delinquent upon his knees , and said , if he hath erred , it was through want of memory , or through ignorance , for he intended not the least dislike or distaste to any member of the house ; and withdraws . mr. long. i shall move that he be sent to the tower. mr. littleton . you see the affronts by books , by preaching , by rumours ; by being served with process , these scorns are daily put upon us , that we are become but a meer scare-crow ; the neglect of our duty is the cause of this , it is high time to remedy this , or it is in vain to sit here . the sheriff is again called to the bar on his knees , and sentenced to the tower. xi . a petition was preferred against one lewis , who said ▪ about the th . of december , the devil take the parliament : which was avowed by two witnesses . and although it was spoken out of parliament , yet it was resolved to be an offence to the parliament : and it was ordered he should be sent for . § . some presidents for punishing of misdemeanours in elections . i. in the parliament of the . of king james , the mayor of winchelsey , for misbehaving of himself at the election of parliament-men for that town , and making a false return . it was resolved upon the question . . that the mayor of winchelsey had committed a contempt and misdemeanour against this house , and therefore shall stand committed to the serjeant till saturday morning , then making his submission here at the bar , to be discharged of any further punishment here . . but to make his acknowledgment in the town before the new election . ii. anno jac. upon the report of mr. glanvile , concerning the burrough of arundel , because the mayor had misbehaved himself in the election , by putting the town to a great deal of charge , not giving a due and general warning , but packt a number of electors : it was resolved , . the mayor not being in town , a warrant be sent for him . . resolved upon another question , that mr. alford , mr. bing , and mr. lathorn , shall set down the charges . iii. anno jac. mr. glanvile reports the misdemeanour of the under-sheriff of cambridgshire , who refused the pole , declaring , sir thomas steward promised him to defend him against sir john cutts , and told him , he should have no wrong nor damage . resolved upon the question , that this under-sheriff shall be committed to the serjeant's custody till thursday next . resolved also upon the question , that making his submission at the bar , and acknowledging his offence , he shall be discharged from any further punishment in this place . resolved also upon a third question , that the under-sheriff shall make a further submission openly at the next quarter-sessions to be holden in the county , and acknowledge his faults . edward ingry brought to the bar , and kneeling upon his knees , mr. speaker denounced upon him the judgment of the house . iv. mr. hackwell reports from the committee about the sheriffs of york , and others , for the election of sir thomas savill . the two sheriffs , and two aldermen are delinquents ; one of the sheriffs , and one of the aldermen are most faulty : sheriff thompson had committed two offences ; first , his hasty and precipitate judgment of the election , to prevent the election of hoy : secondly , in denying the poll , being required . first , his hasty and precipitate judgment , was done without acquainting his fellow sheriff , and it was within a quarter of an hour after the reading of the writ , and half an hour after nine a clock ; and while he was doing of it , he was admonished , and told that he could not answer it , and that he might defer it ; yet he did obstinately proceed , and answered them frowardly , and said he would do it , and that he would justifie it . his excuse was thus : that it was indeed suddenly done , but it was done so formerly . but to that it was replied , that never before above two were in election . secondly , he answered , that it was not of his own head , but some aldermen advised it ; but that was alderman cooper , a delinquent for that offence . for the other offence , in denying the poll after it was demanded , and that was before he had pronounced any judgment ; but he was willing that robinson should have the poll , for he knew he could not carry it : but he refused hoy , and he was required ten times , but gave no answer at all . his behaviour before the committee was impudent , and he would answer nothing directly . the committee found this man to be an engaged man , and that he was promised to be saved harmless . for alderman henlow , he procured the company of taylors two days before the election , and published sir john savill's letters , and pressed it , and upon some he pressed it so much , that they should elect sir thomas savill , and said the parliament will not hold . he dealt with the sheriffs also , and told them divers words of sir john savill , that he would take it very ill ; and , said he , if you will choose sir thomas savill , you shall be saved harmless . also he endeavoured to procure a certificate , that sir thomas savill was duly elected ; when any refused , he said they were factious fellows , and otherwise threatned . the committee censured sheriff thompson , and this alderman henlow , first , that they should stand committed to the serjeant during pleasure . secondly , that they should acknowledge their offences at the bar in the full house , and pay all due fees before they be discharged . also they should defray all the charges of the witnesses of alderman hoy , to be assessed by four of the committee . and that they should make acknowledgement of their fault before the court of aldermen at york ; and that the mayor should certifie their submission to the house . as for alderman cooper , he assembled the company of merchants , and read sir john savill's letter for the election of his son , and also he at the election perswaded the sheriff to give judgment . sheriff atkins was only passive , and did not refuse to joyn with the other sheriff . as for the point of charges given to the witnesses of hoy , it was doubtful and objected against by some , whether it lay in our power : but it was replied , that in every court it is necessary to have power to impose fines , and why we should want power for offences that lye in our cognizance , is not to be questioned ; else the party that is duly elected , and that justifies the free election , and maintains the freedom and liberty of the common-wealth , shall be more punished then the delinquent : also we have power to imprison , which is more then a fine : also we have as much as the lords house , in those things that lye in our jurisdiction . eliz. maii , the mayor of westbury in wiltshire took l. for a return ; mr. long fined l. and ordered to bring in a bond made him for a greater sum . eliz. januar. mr. arthur fall writ a book to the dishonour of this house ; it was ordered , that the serjeant should go to apprehend him , assisted by two knights of this house . febr. he was brought to the bar , and sent to the tower , and fined marks , and expelled the house , and kept in the tower six months . eliz. martii , a fine was assessed on every one that was absent without leave . h. . cap. . our clerks book is termed a record . jac. the election of the burgess of arundel in sussex ; and there it was ordered , that the witnesses charges should be born : and then there was l. paid down by one , a member of this house . jac. a servant of justice whitlock's was arrested by one lock and moon , who were enjoyned to ride both on horse-back , with their faces to the horses tails : and mr. hackwell said , he himself self saw the execution of it in cheapside . jacobi , the baron of walton's sollicitor , being his servant , was arrested ; he claimed the priviledge , and the party that caused the arrest was fined , and it was left to the speaker to moderate the fine . jacobi , certain constables of york , for misdemeanors , were sent for up , and one was acquitted , and had l. given him for his charges . at the last parliament , sir george hastings kt. was elected knight of leicestershire , and was arrested by the sheriff at his election , and complained here , and his witnesses were ordered to have their costs paid them . ordered that thompson and henlow pay the charges of witnesses , brought up about the proof of the said election , and that they shall not be discharged from the serjeant till they pay their fees ; and four gentlemen of the house are to moderate and set down the charges in certain . and it is ordered , that they shall be committed to the serjeant , till they make their submission at the bar , and acknowledge their faults on their knees , and read a submission . as for the submission to be made at york , it was through great favour remitted by the house . to all which i shall add the ensuing president . lunae junii , jacobi . . the commons house of parliament hath this day adjudged randolph davenport esq for his offence in mis-informing the same house , in a cause wherein he was produced as a witness , to be committed prisoner to the tower , for the space of one whole month , and then to be discharged paying his fees. these are therefore in the behalf of the said house of commons , to require and charge you to receive the said randolph davenport into your custody , within the prison of the tower , under your charge , and him therein safely to detain and keep , for the space of one whole month , and then to discharge him , paying his fees ; and this shall be your warrant in this behalf . given under my hand this th . of june , . to sir allen apsley knight , lieutenant of the tower. an act to secure the debt of simpson , and others , and save harmless the warden of the fleet , in sir thomas shirley's case . soit baile aux seigniours . a cest bille ov esq les amendments annexes , les seigniours ont assentus . humbly pray the commons of this present parliament , that whereas thomas shirley kt. which came by your highness's commandment to this your present parliament , being elected and returned a burgess for the burrough of steyning , in your highness's county of sussex , was upon the th . day of march last past , arrested by the sheriffs of london , at the suit of one giles simpson , first upon an action of debt , and afterwards laid and detained in execution upon a recognizance , of the nature of the statute staple of l. in the prison , commonly called the compter in the poultrey in london , at the suit of the said simpson , and from thence by habeas corpus was removed to your majesties prison of the fleet , where for a time he was detained in execution , as well upon the said recognizance , as to answer to two actions of debt , one of l. at the suit of william beecher , the other of l. also at his suit , and to answer one other action of debt of l. at the suit of one john king , contrary to the liberties , priviledges and freedom , accustomed and due to the commons of your highness's parliament , who have ever used to enjoy the freedom in coming and returning from the parliament , and sitting there without restraint and molestation , and it concerneth your commons greatly to have this freedom and priviledge inviolably observed : yet to the end that no person be prejudiced or damnified hereby , may it please your highness , by the assent of the lords spiritual and temporal , and commons in this present parliament assembled , and by the authority of the same , it may be ordained and enacted , that the said sheriffs of london , the now warden of the fleet , and all others , that have had the said thomas in custody , since the said first arrest , their executors or administrators , or any of them , may not , nor shall in any wise be hurt , endamaged , or grieved , because of dismissing at large of the said thomas shirley , saving always to the said giles simpson , and other the persons aforesaid , at whose suit the said thomas is detained in prison , his , their , and every of their executions and suits , at all time and times , after the end of this present session of parliament , to be taken out and prosecuted , as if the said thomas had never been arrested , or taken in execution , and as if such actions had never been brought or sued against him , saving also to your majesties said commons , called now to this your parliament , and their successors , their whole liberties , franchises and priviledges , in all ample manner and form , as your highness's said commons at any time before this day have had , used and enjoyed , and ought to have , use and enjoy , this present act and petition in any wise notwithstanding . soit fait come & est desire . the petition exhibited to his majesty , by the lords spiritual and temporal in this present parliament assembled , concerning divers rights and liberties of the subjects , with the kings majesties royal answer thereunto in full parliament . to the kings most excellent majesty . humbly shew unto our sovereign lord the king , the lords spiritual and temporal , and commons in parliament assembled , that whereas it is declared and enacted by a statute made in the time of the reign of k. edward the i commonly called , statutum de tallagio non concedendo : that no tallage or aid shall be laid or levied by the king or his heirs in this realm , without the good will and assent of the archbishops , bishops , earls , barons , knights , burgesses , and other the free-men of the commonalty of this realm . and by authority of parliament holden in the . year of the reign of k. edward the iii. it is declared and enacted , that from thenceforth no person should be compelled to make any loans to the king against his will , because such loans were against reason , and the franchise of the land. and by other laws of this realm it is provided , that none should be charged by any charge or imposition called a benevolence , nor by such like charge , by which the statutes before-mentioned , and other the good laws and statutes of this realm , your subjects have inherited this freedom , that they should not be compelled to contribute to any tax , tallage , aid , or other like charge , not set by common consent in parliament . yet nevertheless of late divers commissions directed to sundry commissioners in several counties , with instructions , have issued , by means whereof your people have been in divers places assembled , and required to lend certain sums of money unto your majesty ; and many of them upon their refusal so to do , have had an oath administred unto them , not warrantable by the laws or statutes of this realm , and have been constrained to become bound to make appearance , and give attendance before your privy councel , and in other places ; and others of them have been therefore imprisoned , confined , and sundry other ways molested and disquieted ; and divers other charges have been laid and levied upon your people in several counties , by lord - lievtenants , deputy - lieutenants , commissioners for musters , justices of peace , and others , by command or direction from your majesty , or your privy councel , against the laws and free customs of the realm . and where also by the statute called the great charter of the liberties of england , it is declared and enacted , that no freeman may be taken or imprisoned , or be disseised of his freehold or liberties , or his free customs , or be outlawed or exiled , or in any manner destroyed , but by the lawful judgment of his peers , or by the law of the land. and in the th . year of the reign of k. edward the iii. it was declared and enacted by authority of parliament , that no man , of what estate or condition that he be , should be put out of his land or tenements , nor taken , nor imprisoned , nor disinherited , nor put to death , without being brought to answer by due process of law. nevertheless against the tenour of the said statutes , and other the good laws and statutes of your realm to that end provided , divers of your subjects have of late been imprisoned without any cause shewed ; and when for their deliverance they were brought before your justices , by your majesties writs of habeas corpus , there to undergo and receive as the court shall order , and their keepers commanded to certifie the causes of their detainer , no cause was certified , but that they were detained by your majesties special command , signified by the lords of your privy councel , and yet were returned back to several prisons , without being charged with any thing , to which they might make answer according to the law. and whereas of late great company of souldiers and mariners have been dispersed into divers counties of the realm , and the inhabitants against their wills have been compelled to receive them into their houses , and there to suffer them to sojourn , against the laws and customs of this realm , and to the great grievance and vexation of the people . and whereas also by authority of parliament , in the th . year of the reign of k. edward the iii. it is declared and enacted , that no man should be forejudged of life or limb , against the form of the great charter , and the law of the land ; and by the said great charter , and other the laws and statutes of this your realm , no man ought to be adjudged to death , but by the laws established in this your realm , either by the customs of the same realm , or by acts of parliament . and whereas no offendor , of what kind soever , is exempted from the proceedings to be used , and punishments to be inflicted , by the laws and statutes of this your realm ; nevertheless of late divers commissions under your majesties great seal have issued forth , by which certain persons have been assigned and appointed commissioners , with power and authority to proceed within the land , according to the justice of the martial law against such souldiers and mariners , or other dissolute persons joyning with them , as should commit any murther , robbery , felony , mutiny , or other outrage or misdemeanour whatsoever , and by such summary course and order , as is agreeable to martial law , and as is used in armies in time of war , to proceed to the tryal and condemnation of such offendors , and them to cause to be executed and put to death , according to the law martial . by pretext whereof , some of your majesties subjects have been by some of the said commissioners put to death , when and where if by the laws and statutes of the land they had deserved death , by the same laws and statutes also they might , and by no other ought to have been judged and executed . and also sundry grievous offendors , by colour thereof claiming an exemption , have escaped the punishments due to them , by the laws and statutes of this your realm , by reason that divers of your officers and ministers of justice have unjustly refused , or forborn to proceed against such offendors , according to the same laws and statutes , upon pretence that the said offendors were punishable only by martial law , and by authority of such commissions as aforesaid , which commissions and all other of like nature , are wholly and directly contrary to the said laws and statutes of this your realm . they do therefore humbly pray your most excellent majesty , that no man hereafter be compelled to make or yield any gift , loan , benevolence , tax , or such like charge , without common consent by act of parliament ; and that none be called to make answer , or take such oath , or to give attendance , or be confined , or otherwise molested or disquieted concerning the same , or for refusal thereof ; and that no freeman in any such manner as is before mentioned , be imprisoned or detained ; and that your majestie would be pleased to remove the said souldiers and mariners , and that your people may not be so burthened in time to come ; and that the foresaid commissions for proceeding by martial law , may be revoaked and adnulled ; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid , least by colour of them , any of your majesties subjects be destroyed or put to death , contrary to the laws and franchises of this land. all which they most humbly pray of your most excellent majesty , as their rights and liberties , according to the laws and statutes of this realm ; and that your maiestie would also vouchsafe to declare that the awards , doings , and proceedings , to the prejudice of your people , in any of the premisses , shall not be drawn hereafter into consequence or example ; and that your majesty would be also graciously pleased , for the further comfort and safety of your people , to declare your royal will and pleasure , that in the things aforesaid , all your officers and ministers shall serve you , according to the laws and statutes of this realm , as they tender the honour of your majesty , and the prosperity of this kingdom . which petition being read the d . of june , . the king's answer was thus delivered unto it . the king willeth that right be done , according to the laws and customs of the realm , and that the statutes be put in due execution , that his subjects may have no cause to complain of any wrong or oppressions , contrary to their just rights and liberties , to the preservation whereof , he holds himself in conscience as well obliged , as of his prerogative . but this answer not giving satisfaction , the king was again petitioned unto , that he would give a full and satisfactory answer to their petition in full parliament . whereupon the king in person , upon the th . of june , made this d . answer . my lords and gentlemen , the answer i have already given you , was made with so good deliberation , and approved by the judgments of so many wise men , that i could not have imagined but that it should have given you full satisfaction ; but to avoid all ambiguous interpretations , and to shew you there is no doubleness in my meaning , i am willing to please you in words as well as in substance ; read your petition , and you shall have an answer that i am sure will please you . and then causing the petition to be distinctly read by the clerk of the crown , the clerk of the parliament read the king's answer thereunto in these words : soit droit fait come est desire . §. . several miscellaneous presidents and orders both of the house of lords and commons . i. a standing order of the commons house of parliament , touching bills delivered to the speaker . upon tuesday the th . of this instant may , a bill being offered to the speaker of the commons house of parliament , in his way coming towards the said house , he received it , and brought it in ; and being set in his chair , after some time did openly intimate the head or title of it , purporting a declaration of treason , practised by a magistrate of this land , concealing the name of the man , and the particulars of the bill , adding , that for special causes , he hoped they would not meddle with it , or expect it should be read ; nevertheless the house inclined to have the bill read ; but upon the said speaker's motion and better consideration , resolved to forbear it for that time , expecting the return and reading of it , when mr. speaker should think meet to give the house satisfaction , as he promised shortly to do . the next day ( as was afterwards informed ) it pleased his majesty to send for the bill ; and in respect it contained matter of personal treason , ( as was likewise pretended ) properly and only touching himself , his majesty assumed unto himself the examination of the matter of the bill , and retained it in his own keeping . in all this time , the house for the more part expected an accompt of the said bill , which was this day demanded and urged by sundry members of this house ; in which debate these questions were handled : . whether the house were possessed of the bill . . what might be called possession of a bill . . whether it might deal with treason . . examine , commit , and proceed to judgment upon traitors , and with what kind of treason and traitors . . and lastly , whether a speaker receiving a bill , and reading the title , may deliver it to any , without special allowance and leave of the house . hereupon it was finally resolved and ordered , that for this time all questions should cease touching these matter , with this caution and care , proceeding from a tender regard of the priviledge of this house , that it should be precisely registred , as the judgment of the house , that no speaker from henceforth , should deliver a bill , whereof the house standeth possessed , to any whomsoever , without allowance and leave as aforesaid , but that he had power and might , either shew it or deliver a copy ; if it seems meet unto him . who by way of excuse , answered that a message was delivered unto him by a great lord , from his majestie , commanding him to send the bill unto him , and that he was warranted by former presidents , to shew the bill to the king when he was commanded ; as in the case of mr. morrice , mr. wentworth , . eliz. many motions ensued in this matter , by mr. sollicitor , sir herbert crofts , sir francis bacon , mr. brooke , mr. wiseman , sir william fleetwood , mr. crewe , mr. martin , sir henery beaumont , sir maurice berkley , sir william strowd , mr. yelverton , sir thomas hobby . much exceptions against the presidents , injurious that any speaker should deliver a bill to the king , without the privity of the house . no bill whereof the house is possessed to be delivered to the king , or any other without notice and leave of the house . we loose our priviledge , if we loose our bill . mr. speaker to pray access to the king himself , and in the name of the house , to desire the bill from his majestie . no possession of a bill , except it be delivered to the clerk to be read. if the speaker read title in his chair , ( as he did in this case ) a possession . jones the prisoner to be sent for hither , and to attend his discharge from the house . that the prisoners committed by us , cannot be taken from us and committed by any other . an order moved and agreed , that no bill whereof the house is clearly possessed , be delivered to any before the house have notice , and give leave . admitted that a copy may be delivered , or it may be shewed to his majestie . ii. mr. speaker declared to the house , a message from the king ; the message was to this effect . that his majestie having entred into a princely consideration , of the weight of the great cause in hand , as also of the great worth and sufficiency of those gentlemen that have spoken and dealt in it , he was to put them in mind , that the writ of summons that called them thither , was to consult de arduis regi ; that every man did serve for a town or a shire , that his attendance and service of the house was a great duty ; and that the departure of any member of this house was a greater contempt , than any nobleman's departure , who served only for himself ; that therefore he wished and advised , that no lawyer or other member of note might depart the house , until this great matter were brought to more ripeness and perfection ; and if the house would enter into course for the stay of them here , or for the recalling of those that be absent , his highness would assist them by his proclamation , or otherwise as they should conceive fittest . it was hereupon moved , that many have tryals at the assizes , who by their absence might receive prejudice , if some course were not taken to prevent it . propounded , that letters might be writ by mr. speaker , to the justices of assize , for stay of proceedings against any man that would require it ; which was approved and resolved by the house . mr. speaker moveth , that a time might be appointed for the calling of the house , and a punishment agreed on for the absent . others , that the house might first be called , and then a punishment thought on . that the house being called , the serjeant might be sent for those which were found absent . that a law might be thought of to provide for this mischief hereafter . these motions ended in these three questions , which by direction was made by mr. speaker , viz. . whether the house shall be called . . whether the serjeant shall be sent for such as are absent , having no reasonable excuse . . whether the house shall be called on monday come seven-night in the afternoon . which were all resolved in the affirmative , with this further direction , that the absent were to be sent for , by the order of the house , and by warrant under mr. speaker's hand ; and upon the whole matter a special order conceived ; the copy whereof was sent to sundry members that were absent , that they might be more sensible of the reason and necessity of their attendance . the form of the order was . this day mr. speaker delivered a message from his majestie , importing a consideration of the weight of the great cause in hand , of the study and travel that hath been taken in the understanding and furtherance of some good success therein , by sundry members of the house , and of the duty and necessity of the attendance of every member , representing in his voice and person , a shire , city , or at least a town the special use and service of the lawyers of the house , the great contempt in departure together , with his highnes's gracious offer of his royal power and assistance , to be added to the authority of the house , for the recalling or punishing of any member deliuquent in this behalf ; whereupon the house entered into dispute and deliberation , what course were fittest to be taken , as well for the continuing of such members as are here already assembled ; as for the return and attendance of those absent , to partake of , and assist in the great service in hand ; and after many courses and new devises of order propounded to the house . it was at last resolved upon three several questions , first , that the house should be called , secondly , that upon the calling such as were found to be absent , and had no just cause of excuse , should with the privity and direction of the house by warrant under the hand of mr. speaker ; and by the serjeant at arms , attendant upon the house , or by his deputy , be immediatly sent for , and answer fees and entries to the officers , as in case of breach of priviledge , or other contempts to the house . thirdly , and lastly , that upon munday next come sevenight in the afternoon of that day , the house shall be called . mr. hide the last day immediatly upon the kings message , pleading certain businesses of his clyents , and other his private occasions of profit and necessity ( as he pretended , ) made known to the house , that he would go out of town , and so took his leave in open audience , without the assent or leave of the house , which was taxed ; and mr. speaker warranted to write unto him , which he did in this form. the form of the speaker's letter to mr. hide . after my very hearty commendations , sithence your departure hence , there hath been complaints made to the house , that you have gone without leave and contrary to his majesties pleasure , signifyed , and the express order of the house ; this bred great dispute , and it was in a manner resolved , that you should be presently sent for by the serjeant , as being conceived to be a president of ill example and contempt other mens cases considered with yours , which led me to interpose this motion to the house ; that if you came not before munday next ( the day appointed for calling of the house , ) you might then be proceeded withal as the case did require ; and my self offering to write to you for that purpose , they desisted and left it to my care ; nevertheless for many important reasons , wherewith i will acquaint you at your coming ; i do advise you , as also require you from the house , that you forthwith repair hither , and attend the service in hand , which is now in the greatest heat and hast of proceeding ; and so i commit you to god. directed . to my very loving friend , laurence hide , esq it was also moved and resolved , that mr. speaker should write another letter to other lawyers , being gone down in the same circuit , where mr. laurence hide was , ( viz. ) mr. john moore , mr. giles tooker , mr. edward digs , and mr. nicholas hide , which also he did to this effect . the form of the letter . after my very hearty commendations ; sithence your departure hence , there hath been complaint made as well of your absence , as of many others , which hath moved the house to press some speedy course for your return ; and thereupon have commanded me forthwith to write unto you , that you make your repair hither without excuse or delay , which i would advise you to do , to prevent further question or danger , such as i would be loth you should undergo , as now the case stands . and so i commend you to the protection of the almighty . to my loving friends , mr. giles tooker , mr. john moor , mr. edward diggs , and nicholas hide esqs ; members of the commons house of parliament . iii. it is this day ordered , that a committee of the whole house , shall this afternoon consider of a fit and satisfactory answer of the kings majesties letter sent this day to this house ; and also that they shall take into their consideration such misinformations , as are suspected to have been given to his majesty , concerning the proceedings of this house , this parliament , and of all the circumstances belonging to the same . iv. sir robert phillips makes report of two informations brought , the one against dr. lamley , chancellor to the bishop of peterburrough , the other against dr. cradock a divine , and chancellor to the bishop of durham . dr. lamley is accused for extorting of unlawful fees in probate of wills , &c. . for vexing of men with impertinent , trivial , and idle causes , wherein men are forced to consume their time , and spend their estates : as for receiving money on holidays , he makes them pay s. and upwards for a discharge ; the like of opening half a shop-window ; it cost another that came to church on christmas-day with a foul band s. and for ommitting of penance , one bushell paid marks , and desired it might be imployed to charity ; he said , charity began at home . one having no sermon in his own parish , went to a parish where there was a sermon ; for this he was put to the oath ex officio , and paid s. v. as for dr. cradock , chancellor of durham , i must consider him in three capacities , and apply the faults unto them severally . first , he is chancellor to the bishop . secondly , he is a high-commissioner . thirdly , he is a justice of peace . . as chancellor , there are two charges of misgoverning himself . in refusing probate of testaments , and granting excommunications before citations . he takes bribes on both sides . . as a high-commissioner of the quorum , and so a principal man , sending out his process for recusants ; he took of one collyer l. for not appearing ; of another l. to shuffle up a clandestine marriage , &c. lastly , as a justice of peace , he took l. for the discharging of a priest ; newton killed one , he compounded for l. one allenson a batchellor of divinity , made one hanton his executor , within days he granted sequestration of the testator's goods ; dr. cradock sent them that took away his will , opened his desk , and took or bags ; and having threatned them , the doctor made sequestrators ; the bishop saith , he would seize the goods of gilbert hanton , to the use of the bishop of durham ; he came as justice of peace , and committed hanton to the constable , to be forth-coming ; the doctor broke open another desk , and took s. in money ; he made his warrant , and sent hanton to the gaol ; he laid a fine upon him of l. john widowes came to hanton , and mediateth to the doctor , for his son's imprisonment ; he would give his son l. which he doth ; the sessions indicted him by the oath of d. soame , because they thought the fine too unreasonable ; but the doctor said , that the lord of durham would be angry with him . one clement gave the doctor l. and a mare , to have an administration granted . as he was a commissioner , he took of one conyers l. of another l. and of two others l. a piece , for adultery ; of another l. as a justice of peace , for not sending one to the gaol , l. for recusancy , of one tempest for a murther , l. for adultery , before the party could free himself , l. mr. alford . the oath ex officio in this manner ; one having no sermon , went to another , and he made him pay s. for the oath , and for the same offence ; and he going to another parish , imprisoned him . sir edward cook. no man speaks against the jurisdiction , but the corruption of spiritual courts , qui tollit abusum , confirmat usum , for the oath ex officio , there is an act of parliament that they may give it , and lay-men may give it , in some cases , not in all . and herein the ancient common law , agreeth with the canon law : in the ( vel ) ed. . there was a complaint against fees : h. . there was a law to reduce them to their ancient fees , for now they exceeded : for cardinal wolsey of his devotion and charity took for probate of my lord compton's will , marks ; hence came the law of h. . we have good laws , but they are like swords shut up in their sheaths . sir edward bonstead he hath a petition of the ministers of northamptonshire , the people have been ready to rise against the abuses in the ecclesiastical courts . mr. brook. that the convocation is not a part of the higher house , neither the bishops any part of the higher house , but are there as they have temporal baronies . mr. p ym . i would not have us send up to the lords yet , till we have examined them ; for their guiltiness must be stamped here , before they go up to the lords . mr. noy . h. . the clergy and bishops are not to be arrested going to the convocation-house ; we cannot judge them , but complain of them . mr. sherwin . it is a complaint , and we must examine him , so that our complaint be certain , and not without great deliberation handled , that it may not be otherwise proved . sir nathaniel rich. that if the lords will not punish those , that we complain of , we will enter into judgment our selves , which is our ancient course . the house would not send for the accused doctors , because they were of the convocation : . to avoid offence to them of that assembly . . because of the stat. of h. . which is thus : forasmuch as the prelates and clergy of the realm of england , called to the convocation , and their servants and familiars that come with them to such convocation , often times and commonly be arrested , molested and inquieted ; our said soveraign lord the king , willing graciously in this behalf to provide for the security and quietness of the said prelates and clergy , at the supplication of the same prelates and clergy , and of the assent of great men and commons aforesaid , hath ordained and statuted , that all the clergy from henceforth to be called to the convocation by the kings writ , and their servants and familiars , shall for ever hereafter fully use and enjoy such liberty or defence in coming , tarrying and going , as the great men and commonalty of the realm of england , called or to be called to the kings parliament , do enjoy and were wont to enjoy , or in time to come ought to enjoy . vi. the commons house of parliament , in confirmation of a former declaration therein made , concerning the stay of all suits , payments , and other proceedings , grounded upon any patent or commission , condemned in the said house , as a general grievance or inconvenience to the subject , until further order and direction given therein , hath this day again upon the question resolved it to be fit , that none of the patents , commissions , or other things condemned in this house for general grievances or inconveniences to the subject , shall be put in execution , until the next access to parliament . vii . it is thought fit by the commons house of parliament , that all suits , payments , and other proceedings , grounded upon any patent or commission , condemned in the said house as a general grievance or inconvenience to the subject , should stay till further order and direction to be given therein . viii . it is this day ordered by the commons house of parliament , that the serjeant at arms attending this house , shall attach the body of john churchill , one of the deputy-registers of the chancery , and him shall take into his custody , and bring him to this house upon monday morning next , at of the clock ; and the said serjeant is in the mean time to keep him so , as none be suffered to speak with him , but in the hearing of the serjeant . ix . to the honourable the knights , citizens , and burgesses of the house of commons , in this present parliament assembled . the humble petition of the mayor , bayliffs , and burgesses of the town of northampton . that whereas your petitioners have been , and still are every way conformable to the kings majesties laws ecclesiastical , yet have they for these many years been subject to the great grievances of john lamb , doctor of the laws , chancellor to the bishop of peterborough , who not only scandalizeth the town in general , as factious , rebellious , and refractory to his majesties laws , but also countenanceth the lewdest fellows in the town , in their opposing of the governours and government ; and by himself and his surrogates , registers , proctors and apparitors , and others whom he useth as spies up and down the town and country , citeth men and women to his courts , upon small or no just occasion , but only to enrich himself and his followers , keeping two courts every fortnight for the most part , and carrying them away from the usual place where they were wont to be kept , ( as being most convenient ) unto other small towns far remote ; so that his majesties subjects are constrained to travel , some twenty , some four and twenty miles and more , to their exceeding great trouble and charges , and to the hazarding of their lives ; many being driven by reason of their courts being kept so late in the night , by candle-light , to travel home in the night-time what weather soever be . and he hath made his own brother register , and keepeth the office and records in his own house , and there maketh acts , and altereth them at his own pleasure , and hath the most part of the profits of the same to himself , as is reported , his brother only bearing the name of the register , but the chancellor's own men for the most part supplying the office ; by reason whereof there is such pilling and polling of the town and country continually , by exacting new fees , and extorting great sums of money for probates of testaments , and letters of administrations , and by causing men to prove deeds of gift in their courts , and to examine titles of lands , and to prove wills there also , though they have been proved above in the prerogative courts ; and by constraining widows to give up accompts of their administration , seven or eight years after their husbands decease , taking five nobles ( at the least ) of every one for the same ; by refusing of wills fairly ingrossed , and causing the registers men to write them out again , and so putting the country to a double charge . as also by taking great sums of money of divers persons for commuting of penance , and not bestowing it upon charitable uses ; by excommunicating of men for being in the company of others , standing excommunicated though they knew not of it , and taking excessive fees for the same ; by citing men and women to their courts for trifles , and taking eleven groats fee of every one , though they clear themselves ; by citing some to the courts in the churchwardens names , without their consent or knowledge ; by delaying of causes in the same courts , especially about assessments for the repair of churches , that it hath cost some parishes l. l. l. some more , some less , before they could have an end of it ; by bringing men to their courts only upon the judges suspicion , and there tendring the oath ex officio , upon refusal whereof they have been excommunicate , whereupon some have been driven to appeal , which hath cost some l. some l. some more , to their great impoverishing ; by citing men and women to their courts , for going to another parish to hear gods word preached , when they had no sermon at their own parish-church , and taking great fees for the same ; by citing men to their courts for opening their shop-windows upon a holiday , though it hath been market-day , as it hath been accustomed , and making men do penance , and pay fees for the same ; and some for taking money , and delivering of corn upon holidays , and for divers other trivial matters , making men to spend some s. s. s. s. some more , some less , to the great and general grievance of his majesties poor subjects : whereupon it is a general complaint , that it were far better for the country to give his majesty an yearly subsidie , then to be thus in continual vexation by the said doctor lamb , and his officers under him : in so much that there were so many petitions put up by the country , to the honourable sir edward ●ook knight , sitting as judge in that circuit , that the said doctor lamb was bound to the good behaviour for the same , and yet the grievances offered by him are still continued . may it therefore please your honours , in tender consideration of the premisses , and in a feeling commiseration of the distressed estate of the said town and country by that means , to take such speedy course for their relief , as to your wisdoms shall seem most expedient : and they and the whole country shall ever be bound to praise god for your honours , and to pray for your prosperities , &c. math. sillesby . thomas martin's grievance . . thomas martin , late of northampton , being of the parish of all saints , was presented into dr. lamb's court by william harrison , and arthur smith , church-wardens of st. giles's parish , both common drunkards ; one of them upon record , by the advice and practice of mr. stockwell the proctor , upon a fame , that he having in his hand a capons rump , should ●ay , it would make as good a churchwarden as the churchwarden of st. giles's ; mr. martin denyeth that he spake any such words , and could never have his accuser come in ; and if there were any such fame , themselves raised it in an ale-house . . they presented him likewise upon another fame , that the said mr. martin should in the church-porch of st. giles's , violently thrust upon the wife of humphry hopkins , being with child , to the danger of her life or the childs . the ground of this presentment was this : mr. bird being presented to the viccaridge of st. giles's , at his induction there was an horrible riot committed in the church , by the means of mr. sibthorp . ( as was supposed ) against mr. bird , and one base ●ellow tript up mr. bird's heels , and threatned to kill him , if he would not deliver up his box of writings ; mr. martin being mayor was called for by the constable to come to prevent murther , where he found the church-porch full of the basest people of the parish , and going into the church , perhaps some of his officers might thrust some out of his way ; but the woman protesteth , that he never did her hurt , neither did she say so , neither , could they perswade her husband to bring an action against him at the common-law , though they often urged him thereto , and so they took this course in the spiritual court ; yet the riotters were never presented into the spiritual court , because they were amici curie . upon these presentments mr. martin was cited to appear at rowell , miles from northampton , years after the pretended offences ; but being detained about the king's service , retained a proctor to appear for him ; but the chancellor said , it was a matter of office , and therefore would admit no proctor to appear for him , and presently excommunicated him ; whereupon he was forced to appeal , and since hath used all the means he could to have an end of this business by some friends , who wisht him to yield to the doctor , or else he would weary him out ; so that he was forced to give him s. and paid also s. d. for his absolution , and yet can get no end of it to this day , but is in danger to be called again , though it hath cost him l. already . . also a sister of the said mr. martins , dwelling at leicester , and coming to northampton , was desirous to go to st. giles's church , to hear mr. bird preach , and requested one of mr. martin's prentices to accompany her to the church , which he did , and they both went thither , and there staid divine service and sermon : for this the apprentice was cited to the court , and there troubled from one court day to another , from northampton to rowell , miles off , to the great hindrance of his master ; and at length they enjoyned him to pay s. d. which for fear of excommunication he was forced to borrow , and so to pay them : and she was threatned by the chancellor , that he would make her keep her brother's parish - church when she came to the town . . and because mr. martin , and divers other townsmen , refused to give him their voices , to be one of the burgesses of parliament for northampton , ( which he would fain have obtained both by fair means and threatnings ) he presently cited many to the court , and there troubled them . and amongst the rest , the said mr. martin , having about years past , by the consent of the minister , churchwardens , and parishioners , built a seat in the church for his children and servants , for their better hearing of divine service and sermons , was cited before him about the said seat ; and the chancellor took it away from him most unjustly , ( having cost him l. building of it ) and gave it to of the stubbornest fellows in the town , all opposers to authority , and one of them for his vicious life bound over to the sessions , and put out of the common-counsel of the town for the same , and since presented into the spiritual court , for incontinency with women ; and yet mr. middleton , one of the surrogates , graced him publickly in that court , and said , he was thrust out of the common-councel for his honesty . thomas martin . may , jac. whereas divers complaints have been made against john lamb , doctor in the civil laws , chancellor to the bishop of peterborough , for divers extortions , oppressions , and misdemeanours , by him and his under - officers committed , in the execution of the said office in the said diocess , and elsewhere . and whereas also it is informed , that you whose names are hereafter set down , can testifie mutually against the said john lamb , these are therefore by the direction , and on the behalf of the said house of commons , to require you and every of you , that you make your personal appearance at the said house of commons , the th . day of this instant month of may , to testifie your knowledge in the premisses : thereof i require you not to fail , as you will answer the contrary at your perils . given under my hand this th . day of may , . and it was further ordered , that robert sibthorp , and richard stockwell , should be sent for , as delinquents . x. mr. glandvile reports from the committee of priviledges , the election of monmouth , and by an order from the committee , monmouth was heard yesterday : and they received this morning a petition , that mr. walter steward was returned , and that they think his election not good : they object against him , because a scotchman , and not naturalized . he forbore to come into the house , till he had leave . the case of one lennis monck , a denizen , returned and sate here ; and so sir horace palavicino . the committee delivered no opinion in it : two orders and two petitions delivered in , to have these heard in order as they come in . resolved that those which are already in , shall be proceeded in , in order as the petitions were delivered . mr. glandvile thinks mr. steward ought not to sit here , because at the time of his election he was uncapable of it ; he that is made a denizen , is not as an englishman , that but only personal . sir dudley diggs in that parliament when bacon attorney was in question , whether he ought to sit here or no , over-ruled he ought not ; yet in favour of him he was suffered to sit here , and an express order that never any other attorney after should . to do the like by this gentleman . sir edward cook. no alien denizated ought to sit here : tros tiriusque mihi nullo discrimine habetur . the other passed sub silentio . some sit here that are under age , and ought not to sit here , because not questioned . resolved that mr. steward hath dealt very worthily in forbearing to come and sit in this house . mr. glandvile goes on with his report : resolved upon question , the election of mr. walter steward being no natural born subject , is void , and a warrant to go for a new writ for monmouth . xi . sir robert phillips reports from the committee for courts of justice heads : first , the petition of the lady darcy ; in it is a recital of her husband 's dying seised of the mannor of sutton in surrey ; with the advowson ; a grant was made to her and another by the court of wards , of the body and estate of her son , aug. jacobi , the incumbent died ; so she presented her clerk to the bishop ; so the lord keeper , septemb. presented doctor grant , the king's chaplain . she was advised to seek her ordinary course by a quare impedit , which was denied by the cursitor , who said , the lord keeper gave directions for it to be sued to the king , desires of this assembly to have relief ; this petition was retained by the committees , parties on both sides appeared , and councel . it came into question , whether an original writ might be stayed ; the lawyers vouched some presidents for it in chancery ; the committee concluded these were not proper in the cause , and not to be followed , desires an accommodation of this business between the lady and the doctor ; they gave a time , for yet they are clearly of opinion , that the lady had lost her right , and to the heir doubtful for him . they received a petition from dr. grant , who made four proffers : first , he would willingly go to a tryal with this lady , without taking advantage of lapse of time : if that could not be , he would pass an act of parliament to set her in statu quo : ly . would refer it to four judges ; to six lawyers of this house , if they should say the right was hers , he would resign . the committee had an answer from the lord keeper of two parts : first , for the denial of the quare impedit , not his purpose to justifie it , but to extenuate his proceedings therein . a question there was between the two courts , and no good correspondency between the judges ; it was presently after his coming into the place , neither corruption nor malice was in his proceedings : he offered a living equivalent of this , to the lady : he would satisfie the lady by any means this house should direct , and would labour to get grant from his majesty to sell to the heir ; he had never before , nor would do the like ; and returned thanks to the house , for their favourable interpretation of this his error . the lady darcy gave a negative answer to all ; she had appealed to the house , could find no better judgement , and to this she would stand . the committee took two things into their consideration , the ladies own particular , and the publick ; for the first , they thought it the safest way to put in a bill ; she was satisfied with this answer : for the second , the denial of the writ , divers proposals made , but at last resolved to present it to the house without any opinion of theirs , touching the offence and error of the lord keeper , was directed to report the whole narrative to the house . mr. brook said , he had never any person in admiration for advantage , had read the law , there is a market overt of the law , the common pleas , and the chancery , the shop of justice , the chancery , first , no doubt it 's a great fault to deny an original writ in the chancery , but not so much as to deny a fine in the common pleas ; just excuse , and the offer of amendments , doth much extenuate the offence , which is but singular ; the lord keeper might do this , to vindicate his right from the vsurpation of the court of wards ; it cannot stand with the gravity of this house to transmit it ; a man for one single offence ; this will be admonition enough to him , that it hath been thus agitated in this house . sir james parrot argued the offence of the lord keeper , in the denial of an original writ ; some excuses are alledged : first done within a short time after he came in ignorantia juris , in a judge . another excuse offered ; a contention between two courts ; this rather aggravates than extenuates his offence ; being his own case , he ought not to have stayed justice ; this thought a sole fault , yet a great fault ; but he thinks it not a sole fault . he is informed , that there are more faults of the like kind objected to the lord keeper : proposed , to have that examined ; then it will be a sole fault ; two other petitions before the committees before the lord keeper , of mrs. ' thomas , and sir francis fuliambe ; to have these two fully heard tomorrow , and then to grow to a resolution of this ; in the mean time to have the cursitor examined about the other , whether another quare impedit , or ne admittas was not denied . sir thomas hobby moved to begin in order with the parts of the reports : first , to the writ that which is amiss in the inheritance , and then to consider of the faults , to have the bill read . mr. price alledged , no corruption nor ill intention appears in the lord keeper ; a difference between things evil in themselves , and evil by success ; the lord keeper came young to his place , and from a strange speculation , and found this president ; therefore to have some course taken to right the lady , and to limit that vast court. mr. sollicitor thinks the answer of the lord keeper's very fair and satisfactory , if it be rightly understood ; and so the debate went off . xii . sir edward cook reports from the committee of grievances , a complaint against the bishop of norwich ; the charge is great and strange , consisting of four parts . first , the city of norwich having parishes , he sent for the preachers of the city , and told them they had preaching enough , and the morning preaching needless , wished them to cease the mornings exercise : this aggravated by divers circumstances , a letter written to him by the metropolitan , about the kings pleasure for preaching after this his inhibition ; the cathedral church , the elbow of the city , not above can hear , yet all to come thither , above people in norwich . the second , * there came up images and crucifixes , counted laymens books , and the lord bishop blessed those that set up those ornaments ; a dove in the font , fluttering over the water to sanctifie it . rot. parl. e. . num . , , . the commons dealt with the provisors , they complained they had not spiritual food , for cardinals put into churches shoemakers and taylors . e. . called bonum parliamentum , a complaint of the popes usurpation , not feeding the flock ; rome called the sinful city , and that all the ill that hath befaln this kingdom , hath come from thence . r. . num . . . h. . and a great many more presidents ; so that this complaint is proper for this place . the third was , extortion by orders of the archbishop ; and by their own canons the iees set down , these very much exceeded . . old institutions now registred , which is very dangerous for disherisons . they have not heard his defence . e : inter brevia , a complaint against the bishop of hereford for non-residency , not lying within his diocess ; all bishops ought to be resident , unless they be in the kings service : where the people are not taught , the king hath but half subjects ; the readiest way to make rebellions . the committee thought it worthy to be transmitted up to the lords . resolved upon question without a negative , that this matter shall be transmitted up to the lords , sir edward cook to do it , and a message to be sent to the lords for a conference about it . the commons desire their lordships for a conference , touching some accusations against the lord bishop of norwich , ( unto which his lordship hath not yet been heard ) humbly leaving the time and place to their lordship . the lords appointed the th . of this month to confer with the commons , touching their complaint against the lord bishop of norwich ; being returned , the lord arch bishop of canterbury , reparted the same to the house to this effect , viz. that the commons had received of complaint exhibited by the citizens of norwich , against the said lord bishop , and to shew that it was ordinary for the commons to complain of the governours of the church , divers records of parliament ; were cited , viz. anno e. . r. . and h. . all which were cited to satisfie tacite objectionis , for their medling with a cause of this nature . that the charge against the lord bishop consisted of six parts . . that he inhibited or dishartned preachers on the sabath day , in the forenoon . . that images were set up in the church , and one of the hoey ghost , fluttering over the font , and a marble tomb pulled down , and images set down in the room , and the bishop blessed them that did it . . that he punished those that prayed not toward the east . . that he punished a minister for chatechising his family , and singing of psalmes . . that he used extortion many ways . . that he did not enter institutions to the prejudice of patrons . for the first , it was said that there was . churches in norwich , and in those parishes or people ; that the lord bishop sent for the preachers by apparitor , and told them there was no need of preaching on sunday in the forenoon , except in the cathedral church , where or only could hear , many dwelling three quarters of a mile off , and many being old , and not able for their age to come so far . that this inhibition was , when the king had commanded more preaching . that his lordship connived at recusants : all which was to the disheartning of good professors . it may be objected , his lordship allowed of catechizing , ergo no preaching necessary ; but he commanded to ask bare questions , and nothing else , ergo no instructions . that this is done against the canons of the church ; and that there is no obedience without knowledge the outward man is not conformed , unless the inward man be reformed , and cited the canons . quicunque contrist averit doctorem veritatis , peccat in christum ; and the canon , jac. c. . for command of preaching , for the d . touching the setting up of images , it was said to be against acts of parliament , against the canons of the convocation , the book allowed in the king's time of h. . c. . against images ; pilgrimages will follow , against e . and the homilies approved , anno eliz. forbidding of images in churches . the d. for prayer to the east , which gratianus affirms , came by tradition , part . decret . . and that it is superstitious , lingwood in his gloss. lib. . title de feriis , non refert si versus orientem , &c. that the lord bishop excommunicated many , and enjoyned penance to divers for not praying to the east , and some did their penance , with a whith rod in their hand for proof , whereof it is under the bishops hand . the fourth , one peck a minister catechized his family , and song psalms , and his neighbours came in on the sundays after evening prayer , and the lord bishop enjoyned them to do penance , for this their resorting to catechisme , and singing of psalms , and to say , i confess my error ; which acknowledgment is under the bishops hand , they which refused , were excommunicated , and paid l. charges . . touching extortions was shewn , that in the table of fees , is set down , from institutions s. d. whereof to the bishop s. that this lord bishop is register also ; and now his lordship taketh for institutions l. s. and for united churches double , viz. l. s. and that communibus annis , there are iustitutions . for admission into sacred orders , nothing should be taken ; if any , it is symony ; yet the lord bishop hath now taken s. or s. the bishop and register being all one . to serve cure , s. is due , his lordship taketh s. d. to teach school , s. d. his lordship taketh s. d. and if of ability , s. for every consignation of a decree , d. which cometh to l. per annum , for which there should be nothing paid , no consignation being in the table , but with another hand set down in archbishop whitguift's hand . sixthly , that the institutions to benefices are not registred , which overthroweth patronages , if it be returned , scrutatis archivis non invenitur , when the right comes in question ; yet the fees are greater than before : the commons concluded with these two remembrances . the first , that they received this complaint before easter last , yet they proceeded not in the examination thereof , till they received a certificate of the mayor of norwich . the second is , that there is a law that none shall be punished for complaining in parliament . this report ended , the lord bishop of norwich stood up in his place , and answered the same to this effect , viz. the answer of the lord bishop of norwich , to the complaint of the commons . first , his lordship confessed the charges in the said complaint to be so great , and so grievous , that , were he guilty thereof , he would desire himself to be punished : which , whether he be guilty , or not , he will leave to their lordships most exact and severe examinations ; wherein he desired them not to spare him , and he would ever acknowledge and commend their justice and honour . his lordship protested he was not way guilty of the first part of his accusation ; if he were , then he was unworthy to bear the name of a clergy-man ; and shewed the unworthiness of such as should dishearten preachers from preaching the word of god : his lordship shewed also , ( desired first that he might not be taxed with ostentation , ) his own practice in preaching , while he was vicar and parson , that he preached every sabbath in the morning , and catechized in the afternoon , and that he continued the like in chichester , when he was bishop there . that in norwich he never missed the publick place , and ever preached there against popery , though he had been an unprofitable , yet he had not been an idle servant , which was now his only comfort . as touching preaching and non - residents , he hath been reckoned more than half a puritan . his lordship remembred his manner of leaving his service with the late lord archbishop of canterbury , that he might go to his cure. his lordship wondred why he should be thought a papist ; he thought it might be long of his disputation , and his sermon at paul's cross of predestination negative , unadvisedly preached by him , for which he was checked by the lord archbishop whitguift , and commanded to preach no more of it ; and he never did ; though dr. abbot , bishop of sarum , hath since declared in print , that which he then preached to be no popery ; that popery is a fire that will never be quiet : he hath preached sermons since , and nothing of popery can be imputed unto him out of any of them . that there be divers obstacles to keep his lordship from popery . . the vsurpation of the pope of rome . his lordship affirmed , that no power on earth can touch a prince ; and that therefore he abhorred the usurpation of the pope over princes . . their religion is dyed with bloud . the practick course of their religion is all by jugling and feigned miracles , of which his lordship had written a book against them , which was never yet answered . . that he never spake with priest or jesuit , nor ever invited a known recusant to his table , for they never say amen to our prayers . . that their equivocation is the last , worse than which nothing can be ; his lordship held it much better to talk with the devil , than with such . then his lordship profest himself to be a true member of this church , and acknowledged the church of england to come nearest to the primitive church ; that we fetch not our reformation from wickliff , hus and luther , of later times , but from the first years next after christ. . as touching the first part of the accusation : his lordship confessed , that or of the abler sort of ministers in norwich , used to expound in their own churches before the sermon begun in the cathedral churches , and many resorted from other places to those expositions , ( for all the churches have not preachers , ) and in the afternoon to their sermons . the preachers themselves found fault with this , being willing to be rid of the pains , as his lordship thought ; for they were to preach in the afternoon , and in the week-days , and shewed him many disorders therein , which they pretended ; as the cutting off part of the prayers , or their beginning so early , that many could not come to the common prayers , and the like ; and they besought his lordship to remedy it , for that they being but stipendary men , were loth to do it , for fear belike to lose their stipends . whereupon his lordship sent for them by an officer , and willed them to omit those expositions in the forenoon ; and yet his lordship hath since taken order for the erecting of three sermons , in the most remote places of the city from the cathedral church ; and his lordship hath erected many lectures in several places in the countrey . . as touching the images in the church , what was done is done without his knowledge . it is meant by st. peter's church , that his lordship never saw that church , till one evening as he came by ; and being often before informed of much cost done upon that church , he went in , and kneeled down to his prayers , as his use is ; and when he rose up , perceiving that they had bestowed very great cost , and not seeing or knowing at all of any image set up there , he said , god's blessing on their hearts , that had bestowed so much cost on god's house . . as touching prayer to the east , he never enjoyned it , nor heard of it till now . . for the th . part of his complaint , he perceiveth , that he hath been sifted for the whole course of his life : that this peck was sent to his lordship by the justices of the peace , for an assembly late at night in his house , his catechizing being but a colour to draw them thither : that this peck had infected the parish with strange opinions ; as not to kneel when they came to church ; that the name of jesus is no more than a common name , and that it is superstition to bow down at the name of jesus . his lordship further affirmed , that this peck had been formerly convicted for non-conformity , annis , & . and for symony , and conventicles in his neighbour's house , as appears by the acts of the register , fatetur . and that anno . he was taken in his house with of his neighbours at a conventicle : that he was now bound over by a justice , and so brought to his lordship , and his sentence against peck was only , that he should confess his fault . the others mentioned in this part of the charge , were punished for their opinions also , making no difference between an ale-house and the church , till the preacher be in the pulpit . his lordship said , he much confessed his fault , that in the penance he enjoyned them , he caused them to confess their errors , omitting their resort to conventicles , which he did at their own earnest suit . . his lordship absolutely denied , that he improved any fees , and affirmed , he hath not any of those fees that are complained of , only the fee for institution , which he took as his predecessors did ; if therein he hath committed any error , erravimus cum patribus ; and denied , that he ever had seen that table of fees , which is spoken of by the commons . . his lordship affirmed , that he had registred all the institutions . this was the effect of the lord bishop's answer ; which being ended , the prince his highness told his lordship , that he had not answered touching the paraphrase of the catechism taken away by him . whereupon his lordship replied , that the preachers used to choose a text of the creed , &c. and to ask the child some one question , and then to debate very long upon it , and never descend to the capacity of the child : that his lordship did not forbid the explanation , but willed , that it might be catechistically . thus ended the lord bishop of norwich his answer to the said complaint . it is this day ordered , that in respect of the streightness of time , that the complaint of the commons against the lord bishop of norwich , shall be referred unto the high commission , to be exammined by them , and they to make report thereof to the house . and then the house will judge thereof . xiii . timothy pinckney who had petitioned the lords jac. to be relieved for a debt owing to him and others , from sir john kineday , and that barne elmes should be sold for that purpose , which the lords then ordered ; and appointed a commission to issue out of chancery , directed to certain judges , to examine the pretences of the creditors , and see them satisfied , he complains now of the bishop of lincoln , late lord keeper , for refusing to grant out such a commission , and slighting the order . the committee had taken the depositions of three persons , who had been first sworn in the house ; the lords took into consideration this contempt of their order , heard the depositions read , and appointed sir charles caesar , and sir robert rich , to go and examine one kelwood , who was also present , when the said lord keeper refused to obey the said order ; and minister an oath unto him , to tell what he knows of any notice given to the lord keeper of the said order , and who was present march the second , upon sir charles caesar , and sir robert rich their report , of their examination of george kellwood , touching the bishop of lincoln , not obeying the order in the business of pinckney , the lords order that the deposition , after they had heard it read , and the depositions of the other three persons formerly taken to be sent to the bishop of lincoln , who was to return an answer , under his hand that day following . march the th . the bishop of lincoln sent his answer to pinckney's complaint , according to the order of march the d. in writing , to this essect ; first , in general denyed he should have spoken any thing in contempt of their lord ships order in parliament jac. having always in his heart , born such a reverence to them , for non arbitramur quenquam dicere quod non sentiat , and for the particulars , as he remembers , it being two years since , that there had been a mistake in the clerks entering it , according to the sence of the house , and pinckney had then concealed from their lord-ships , a former refference by the parliament , and the king himself , to the lord keeper , the master of the rolls , and some judges , who had made a decree in it ; and admit all were true , that is complained , yet he had ommitted the time of the complaint , of a verbal contempt , near two years being past , and two sittings of parliament , wherein he had been silent ; verbal injuries , according to the civil law , must be complained of within the year , aliter remissae censentur : contempts must be pressed the next term , or sitting of the court , against which they are committed ; scandalous words against the king , must be complained of within three months ; words of high treason , are by the laws confined to be complained of within months . all informations against any penal law , made , or to be made , must come within the compass of one year , unless it be ex parte regis , who hath a year longer ; and it is impossible for any man to give an account , of every phrase he shall use twenty months after the words spoken , lubricum tantum linguae non est ad judicium trahendum , say the civilians . and that his heart did never conceive the least derogation of any order of that most honourable house , on the bare intimation of any one peer that sitteth in the same . one passage in his answer , was , that kellwood , and especially kennedy ( a man condemned to death in scotland for forgery , ) are persons infamed , and their credits to be examined before they be admitted as witnessess against a peer of the realm , and a lord keeper of the great seal , as he then was . at the end of the paper was written , recepi . expedii martii . john lincoln . this answer was referred to the committee for petitions , to consider what 's fit to be done for the clearing of the aspersion laid by the bishop , on the lords sub-committees appointed for the journal book , and what for the relief of pinckney ; for those had certified it to be a true order ; notwithstanding he said it was mistaken by the clerk , and had not obeyed it . the committee report , they find two defects in this answer : . that he doth not clearly acknowledge his contempt in not obeying the order . . his aspersing the lords sub-committees , by saying , it was a mistaken order , when they had certified it a true one . their opinion is , that the sub committee be cleared , and the bishop acknowledge it a true order , and signifie to the house , that he is sorry he was so mistaken , and thereby given just offence to the house , and to the lords of the sub-committee ; then acknowledge his error , and ask their pardon , so ordered . may it please your most honourable lordships . your lordships having resolved the order touching pinkney of the of may . to be an order of that most honourable house , truly and justly entered ; i do most willingly accknowledge as much , and am very sorry , that through a weak memory , and information of some parties interessed , who pretendded to have serached the clerks book the of may . and to have found there at that day , no ground at all for any such order ; i have had in my thoughts some scruples to the contrary , to the offending of the most honourable house , or any one of the lords of the sub-committee , who ( as i now understand ) have subscribed the said order ; and i do humbly desire your most honourable lordships in general , and those noble lords in particular , to pardon the errour i have herein committed , and i shall pray unto god to bless and prosper your most honourable lordships . john lincoln . which acknowledgment their lordships all accepted in full satisfaction from the said lord bishop . xiv . ordered , ensign reynde to be sent for , and brought up as a prisoner before the lords , to answer a high contempt against the parliament : the witnesses who have informed thereof , are to be required to attend when reynde comes . ordered , the serjeant at arms to make such and so many deputies , for the apprehension of henry reynde , as the lord say shall appoint , and his captain to be warned to bring him hither by a day . these men were sworn touching the information against henry reynde , ensign-bearer to the souldiers at banbury , viz. george phillips . obadiah lord. john hayns , john hele. and being examined , did testifie the insolent and opprobrious speeches spoken by the said ensign reynde , against a peer of the realm , and his contempt of this high court of parliament . the lords considering that the said reynde was by order of this house , sent for by the serjeant the th . of may , and could not be found , but yet came early one morning to the clerks office , to understand whether any other cause of complaint was against him , save the information of those opprobrious speeches . ; and instantly departed , and ever since hides his head . their lordships order . elvenston his captain to be sent for , to be here to morrow morning . and the duke of buckingham did declare his opinion , that the said reynde deserved a severe censure ; and promised to the house , to lay all the ports for him , and if he can be found , or shall ever come into the army , he will cause him to be sent , to receive such censure as shall be agreed on against him . captain elvenston being called before the lords , did affirm that he had not seen his ensign henry reynde this fortnight , and thinks he is not in town ; he was commanded to bring him to the house whensoever he shall find him , and so soon as he shall understand where he is , to inform the house thereof . the lords taking into consideration , that henry reynde will not be found , and resolving to proceed to a censure against him , for his ignominious speeches of the parliament , and of the lord say , they first voted and adjudged him unworthy to bear arms hereafter , or to be accompted a souldier . then their lordships propounded divers other parts of a censure against him , but the duke of buckingham coming in before the conclusion thereof , his grace told their lordships , that the said reynde is now found . whereupon it was ordered , the said reynde to be brought hither to morrow morning . the duke of buckingham excused himself , for not bringing of reynde to his answer according to his promise ; for that he shifts his lodging every night , but promised again to do his best to bring him to morrow morning . ordered , if reynde do not appear here to morrow morning , then to proceed against him in the censure . the lords were put in mind of their order yesterday , if reynde were not brought this morning , to proceed to sentence against him notwithstanding . whereupon the duke of buckingham signified unto their lordships , with what care and industry he had endeavoured to bring the said reynde before their lordships , but he is so apprehensive of their censure which he deserves , that he cannot be found ; yet his grace said , he doubted not but to bring him to morrow morning , and desired their lordships to proceed notwithstanding ; now in their sentence against him , and with the more severity , because he had so often deceived his grace . the sentence of the lords spiritual and temporal in parliament assembled , against henry reynde , ensign-bearer to the band of soldiers billetted in banbury , for the ignominious speeches , uttered by the said reynde , against the said lord say and seal ; and for his contempt of this high court of parliament ; which sentence was this day pronounced against him , by the lord keeper , ( viz. ) . he the said henry reynde is never to bear arms hereafter , but is accompted unworthy to be a souldier . . he is to be imprisoned during pleasure . . he is to stand under the pillory , with papers on his head , shewing his offence ; at cheapside , london , and at banbury . . that he is to be fined at l. unto the king. . he is to ask forgiveness here , of all the lords of parliament in general , and of the lord say and his son , both here and at banbury . and it was then also ordered by their lordships , that the lord keeper should move his majesty , for the house of parliament , to apprehend the said reynde , with a promise of reward unto him that that shall take him . and it was then also ordered , that the kings principal secretary , shall write unto his majesties agent in the low countries , that he signifie this censure of the lords , unto all the colonels and captains there , and that his his majesties pleasure is , they give no entertainment to the said reynde . and the court of star-chamber is to put this sentence in execution against the said reynde , if he shall happen to be apprehended after this session is ended , and out of time of parliament . the lord say ( who withdrew himself , when the lords gave this sentence ) gave their lordships humble thanks , for the sense they had of his honour , and their noble zeal they had in preserving of it . ordered , the court of star-chamber to put in execution the sentence against reynde . xv. whereas george gardiner did lately stand in the pillory , by the censure of the house , for counterfeiting of protections , and selling them ; it was now informed , that he did not only in scorn thereof say , that he would stand in all the pillories in england for s. per diem , but also gave out threatning speeches against the lord keeper ; wherefore he was this day brought to the bar , and the speeches proved against him . it was ordered , that he should stand in the pillory here at westminster with a paper on his head , declaring his offence , for scandalizing the justice of this house , and unjustly slandering the lord keeper , and to ride backward with the same paper to the cross in cheapside , and to stand in the pillory there , and to ride back to the fleet in like manner . and whereas george buttrice and this george gardiner ( buttrice also having bought a counterfeit protection ) have commenced suits against one henry lane , who first informed the earl of huntingdon thereof , whose protections were counterfeited and sold , the said suits not being for just debt , but for meer vexation , as in the petition of the said henry lane is contained . it is ordered , the said gardiner and buttrice to stay all suits against the said lane , for the causes in the said petition contained . xvi . sir walter earl reports from the committee about the deduty-lieutenants . sir william welby , a deputy - lieutenant for lincolnshire , is complained of , that he sent a warrant , as a deputy . lieutenant , to commit two persons to gaol , for refusing to pay certain taxes for military affairs . also one mr. norwood complains , that it is the usual course of the said sir william welby , to raise great sums in the countrey in military affairs , but it is for the charges of himself and others at musters . also he having two sons captains in the countrey , he orders that every souldier pay their captain d. a day every time they muster ; and though these causes were complained of the last parliament , yet he doth not desist . the warrant was read . for that i. s. refuseth to pay certain sums of money for military affairs ; these are by vertue of our deputy - lieutenancy to require you , to bring the body of i. s. &c. before me , or some other deputy - lieutenant . i send you herewithal the body of i. s. for that he denieth to pay military charges ; and also denieth to enter bond to appear at the next assizes for his said refusal . it was ordered , that he be sent for by the serjeant , and brought to the house . saturday the th . of may , sir william welby was called in to answer . there was a question , whether he should come in a delinquent , and kneel , or no ; and it was ordered , that he should not kneel , only be asked by the speaker , about the warrants exhibited touching the levying of money for military affairs : he said , he could not deny them , but said , he never imprisoned any but those two , palmer and sparks ; and he said , that upon the meeting of musters , he used to have his charges born by the county , and so it was ever used in that countrey for years ; and as for d. a piece , that is paid by every souldier of the trained bands , unto the captains of the bands who are his sons , he said , that it was ever used to be done , but he never compelled any . and as to the rate of d. an acre , he said , it was by vertue of an order made at the sessions in the countrey , and that he knew there was a complaint of it the last parliament . after he went forth he was called in again , and told , that the house was not satisfied with his answer , and that it was the pleasure of the house , that he should attend the committee from day to day , and this house also , whensoever he should be required . xvii . a complaint was made against the mayor of chichester , by one mr. higgons , who complained , that a lieutenant with four souldiers came to his house , and surprized him in his study , and he sent for the mayor to see the kings peace kept ; and the mayor contrary to his duty , sent no aid ; and at a sessions to enquire of a ryot , the bench and the hall was full of captains and souldiers , so as he withdrew himself ; and they indicted him for assaulting a souldier , and it was found . cox also complained against the mayor there , who sent a serjeant to them , to demand twenty shillings by way of loan ; which being refused , six souldiers were sent to his house ; so he was forced to lend the money . it was proved , the money was paid and enforced ; but it did not clearly appear , that the mayor enforced it , but there were presumptions , the captains and six souldiers came from the mayors house ; so there being no proof against the mayor ▪ the committee ordered , that the mayor be dismissed , till the pleasure of the house be further known . a collection of some few records and presidents , out of many others of the like nature ; whereby it appears , that the kings of england were pleased to consult and advise with their parliaments , de arduis negotiis regni , of the weighty and difficult business of the kingdom . . anno . johannis , before the granting and confirming of magna charta in his time , the prelates , earls , barons , great men and the citizens and burgesses were at a parliament at london , to give consilium & auxilium , counsel and aid , for the honour of the king , ( being then personally in france , in war with the french king , ) their own , and the safety of the whole kingdom . . anno . h. . the king summoned a parliament touching the marriage of his daughter , where the magnates & communitates regni , the great men and commons of the realm , spontanea & mera voluntate , granted a subsidy to the king. . anno h. . the great men and commons of their free and meer will gave a subsidie in parliament to marry the kings eldest sister to frederick the emperour . . anno . at a parliament then held at london , concerning the great affairs of the kingdom , and foreign parts , magna charta was confirmed , rex magnates & communitas populi being present ; and by their consent the grand excommunication against the infringers of magna charta was denounced . . anno h. . in the parliament at oxford several ordinances were made for redress of grievances , a la request de noz haus homes è prodes homes è de commune de notre reaume , at the request of the high men , the good and honest men , and of the commons of the realm . . anno h. . the articles of peace between the king , prince and prelates , peers and all the commons of england were generally and unanimously approved of , at a parliament at london , de consensu voluntate & praecepto domini , regis , necnon praelatorum , baronum ac etiam communitatis tunc ibidem praesentium , by the unanimous consent , will and command of the king , of the prelates , barons , and also of the commons , being there present . . h. . the king complains that the earl of gloucester and others had circumvented prince edward . et ad partem suam , proh dolor proditoriae attraxerunt proprii contemptu sacramenti . against the form of the kings and princes oath , of the prelates , great men , & communitatis regni unanimi assensu & voluntate nuper london , provis . . anno eodem , the knights , citizens and burgesses were summoned to parliament in the utanes of st. hillary , nobiscum & cum praelatis & magnatibus nostris tractaturi & consilium suum impensuri , to treat and give their counsel with the k. prelates , and great men , touching the settling of the disturbed condition and state of the kingdom . . anno . h. . the king , per le conseil & lassentement le * rei de alemaine , & de countes , & de barons & del comman de laterre , by the counsel and assent of the king of almain , and of the earls , and barons , and of the commons of the land , pardoned and released the earl of gloucester , and all his company , &c. . and the king in the same parliament , per le conseil & lassentement le rei de alemaine & les countes , & de barons , & le commons de laterre , by the counsel and assent of the king of almain , and of the earls , barons and the commons of the land , pardoned and released the londoners , &c. . anno h. . the king and prince having undertaken the crusado for the holy-land . quia tamen praelatis magnatibus & communitati regni non videtur expediens neque ratum , that they should be both out of the kingdom istis temporibus . it was agreed the prince should go , and a subsidie was granted to the prince by the parliament . . anno e. . lewellin prince of wales being in rebellion , the king undertakes the war against him , de consilio prelatorum procerum & magnatum necnon totius communitatis ejusdem regni , by the counsel of the prelates , peers , great men , also of the whole commons of the kingdom . . anno . e. . the king in his writ of summons to parliament , directed to the sheriff of cumberland , saith , volentes cum prelatis , commitibus , baronibus & magnatibus supradictis & cum aliis de communitate dicti regni super hoc & quibusdam aliis arduis negotiis nos & statum regni tangentibus habere colloquium & tractatum , &c. . anno . e. . at the great parliament held at carlisle , the record saith , that knights , citizens and burgesses were summoned to the parliament , ad tractand . &c. super ordinatione & stabibilitate terrae scotiae , necnon aliis negotiis dictum regem & statum regni sui spetialiter tangen . being the same words which were for the great lords in their summons . . anno e. . at the parliament at lincoln , the king in plein parlement caused to be declared the causes of the summons thereof , pro diversis & arduis negotiis ipsum & statum regni , and especially pro statu terrae suae scotiae perimimicos suos pro parte occupata supplicans & injungens praelatis proceribus & caeteris fidelibus subditis suis ibidem existentibus ut sibi in praemissis consulerint & sibi facerent auxilium oportunium , which they did . an. e. . a marriage being propounded between prince e. after e. . and the daughter of charles of valois . the king ( not when he was under the power and fear of the barons , but after he had vanquished them , and had beheaded thomas earl of lancaster his unkle , and was attended and guarded by his two great minions the spencers , ) declares in his letter to charles , thus recorded . de matrimonio inter edwardum primogenitum regis & filiam caroli comitis de valois contrahendo . avdivimus & super eisdem deliberationem hujusmodi cum aliquibus de nostro consilio & tractatum-verum quia tam nobis quam illis visum est non esse expediens neque decens quod contractus hujusmodi absque praelatori & magnatum regni nostrim consilio & assensu in parliamento requirend . & firmaretur , & vestrae sinceritati duximus intimand . quod cito post festum sancti mich. prox . ventur . parliamentum nostrum proponimus convocare & tunc de commum consilio super dicto negotio ordinare curabimus quod vobis placitum nobisque & regno nostro utile fore videbimus & decorum dat . apud thorp . juxta ebor. . die junii . and king edward further writes to charles king of france and navar about that marriage . set super eodem in prox . parliamento nostro quod statim post festum sancti mich. prox . futuri tenere proponimus deliberationem & tractatum pleniorem habere intendimus & tunc inde taliter ordinare quod inde debebetis merito contentari dat , &c. . anno . e. . licet nuper de consilio & assensu praelatorum & procerum & communitatis regni nostri nostrum assumentes passagium ultra mare , &c. . anno e. . it was proposed to the grauntz & autres des communes in parliament , to treat and ordain touching the war then with france , the keeping of the peace of the land , and the marches of scotland , and of the sea. . anno e. . it was propounded in plein parlement that the war was attempted and begun by the common consent des prelatz , grantz & communes , and that the king would not treat of peace without their assent , and thereupon it was commanded to the prelates and grantz to assemble themselves in the chamber blanch to treat , conclude and assent amongst themselves , whether the king should send ambassies to rome , to shew and propose his title to france before the pope ; and in the same manner it was charged the knights of the shire ; and the commons to assemble in the chamber depeint , to treat , conclude and assent amongst them upon the same business , and to give their answer , & lour assent en dit parlement . . in the parliament . e. . the king by his chancellor prayed and charged the prelates , earls , barons and commons , that they would consider touching the articles of truce between the king and france , and that they would mettre leid & le conseil give their aid and counsel for the salvation of the rights and honour of the king , & de eux meismes , and of themselves . . sir bartholomew burghurst the kings chamberlain declared in parliament , that there was a treaty of peace between the king and the french , and good hope of a final accord , but the king would not conclude sanz assent des grantz & ses communs ; whereupon the chamberlain required and demanded , on the behalf of the king , whether they would assenter & accorder to the intended peace . to which the commons d'unassent & d'unaccord . answered , that what issue the king and grantz should take in the said treaty , should be agreeable to them : upon which answer the chamberlain said to the commons , then you will assent to the treaty of peace perpetual , if it may be had ; to which the commons answered , entierment & unement . oil oil , yes , yes ; and thereupon it was commanded , that master michel de northburgh , gardeyne of the privy-seal , and sire john de swinley notair papal , should make an instrument publick thereof . . anno e. . the chancellor , in his oration before the king , lords and commons , thus expresseth himself : sires , the king in all his great business which concerned himself and his kingdom , de tout temps , hath acted and done , by the counsel and advice of his grandz and commons of his realm , which he hath found in all his affairs , bons & loyalz , good and faithful , for which he thanketh them , de grant euer & volunte , and that it was not unknown to them that the king had taken upon him the claim and right to the realm of france , per lavis & conseil de ses grantz & communes , by the advice and counsel of his great men and commons . r. . the king called a parliament , to consider of a peace between him his kingdom , lands , dominions , and subjects , ex una parte , & magnificum principem robert of scotland , and his lands , dominions , and subjects , of the other part ; mediante consilio & assensu praelatorum procerum magnatum & communitatis regni angliae , by the counsel and assent of the prelates , peers , and great men and commons of the kingdom of england . i will pass over the rest of the several authorities in this king's reign , and so of h. . except this one . . in the parliament . h. . in that great record called indompnitié des seigneurs & commune● , the king , by the advice and assent of the lords , willed , granted and declared that in that and all future parliaments , it should be lawful for the lords to debate and commune amongst themselves , de lestate du roiaume & la remedie a ce busoignable of the state of the kingdom , and the necessary remedies ; and it should be lawful likewise for the commons on their part to commune in the same manner . . anno h. . the chancellor at the re-assembly of the parliament , declares , ( the king being present ) the causes of their calling ; which was , that peace had been offered him by his adversary of france ; the which , without the assent and good counsel of the estates of his realm , he would not conclude ; and that the king of the romans desiring peace and vnity in the church vniversal , and also between the christian realms , was come over hither with propositions , which he had not yet declared to the king , but in a short time would shew them . upon the which , the king would take the advice , de son tressage conseil , of his most wise counsel . . anno h. . the league and alliance between the king and sigismund the emperour and king of the romans was ratified and confirmed , upon due and solemn treaty thereof , by the common consent and assent of all the archbishops , bishops , dukes , earls , barons , & toute autres estates espiritualz & temporalz , and other estates spiritual and temporal , and also of the commons of this realm , in the said parliament assembled . . anno . h. . a peace being concluded between henry king of england , and charles the french king , it was mutually agreed , that the articles thereof be ratified and confirmed per tres status , of both kingdoms ; which being approved , concluded accepted and allowed of , by the three estates in france , videlicet , praelator . & cleri necnon procerum & nobilium , ac etiam civium burgensium civitatuum villarum & communitatum dicti regni . the articles was after mature deliberation confirmed per tres status regni , angliae vid per praelatos & clerum nobiles & magnates necnon communitates regni ad parliamentum apud west . qui quantum ad eos & singulos eum pertinet obsequituros & impleturos promiserunt . . anno h. . it was ordained by the lords spiritual and temporal and commons that the dukes of bedford and gloucester and my lord cardinal , and others of the kings bloud and of his counsel , may treat of peace with the dauphin of france , notwithstanding the act formerly made to the contrary ; which was , that the king of england h. . or the french king should not enter or make any treaty of peace , or of accord with charles the dauphin , without the assent of the three estates of both realms . anno . h. . whereas by the articles of peace made between h. . and charles the th of france , it was agreed there should be no treaty or accord made with the dauphin of france , without the assent of the three estates of both realms , which articles were afterwards enacted and authorized here by parliament ; it was enacted by the assent of the lords and commons , that that article should be void , eryt , cassed adnulled and of none force , and none to be impeacht for advising and acting in the said peace . . the archbishop of canterbury , chancellor of england , declared the causes of the summons of the parliament ( the king present ) and amongst others , that between the ambassadors of king h. and the french king ; there was an appointment de personali conventione of a personal meeting between the two kings in partibus transmarinis , which if it should happen ut speratur to provide not only for the safe and secure preservation of the person of the king , as well in his conduct , ad dict as partes transmarinas , as in his being there , but also for the safe and sure conservation of the peace within the kingdom , and other his dominions ( during his absence ) out of the realm , and for ordaining a provision thereof . tractatum & maturam deliberationem cum sano & salubri consilio trium statuum dicti regni necessario exigit & requirit ; and after concludes his speech : qualiter praefatus rex ad tractandum & consulendum cum praefatis proceribus & magnatibus supradictis & communibus regni sui hujusmodi provisione saciend . & habend . parliamentum suum predictum fecerat convocari : therefore the king had called his parliament , to treat , consult and advise with the peers , and great men and commons of the kingdom , how such provision may be done and had . . anno . h. . the articles of truce and peace between charles the french king , and king henry , was agreed to be ratified , accepted , approv'd and confirmed , per tres status utriusque regnorum videlicet per praelatos , & clerum nobiles & communitatem eorumdem regnorum authoritate parliamentorum ; which was after done . . anno h. . dominus cancellarius ex mandato regis ostendebat dominis hic praesentibus causas secretiores hujus parliamenti summonitionis primam concernentem regem scotiae & multimodas injurias subditis regni angliae illatas . secundam , et bellum inter regem castelli & ducem gildriae ejus affinitatem & terram concernentem dominum summum pontificem , tertiam , et dissensionem inter ipsum & ludovicum francorum regem lectumque fuit per magistrum rotulorum breve apostolicum in vulgari translatione one continens contumelias dampna & injurias sanctae sedi apostolicae & romano pontifici per ludovicum gallorum regem illatas . item dictus dominus cancellarius , cum domino thesaurario , & aliis dominis in domum communem descendebat cum premissis ostensur . &c. . anno . h. . the lords and commons sent a letter to the pope , touching the dilatory proceedings , in the divorce between the king and queen katherine before him ; in which letter they declare , causa regiae majestatis nostra cujusque propria est , a capite in membra derivata , dolor ad omnes , atque injuria ex aequo pertinet , omnes in ejus majestate compatimur , in relation to the safety and succession of the crown ; and that if his holiness would not determine the cause , or defer it any longer , they plainly tell him that , nostri nobis curam relictam , & aliunde nobis remedia conquiramus . and they were as good as their words ; for in the parliament , h. . an act passed for declaring the establishment of the succession of the kings most royal majesty in the imperial crown of this realm , wherein the marriage between the king and the lady katherine , was by authority of parliameut definitively , clearly and absolutely , declared , deemed and adjudged to be against the laws of almighty god , and also to be accepted , reputed and taken of no value nor effect , but utterly void and annihilated ; and that the said katherine should be from thenceforth called and reputed , only dowager to prince arthur , and not queen of the realm . this letter was subscribed and sealed by archcbishops , dukes , marquesses , earls , bishops , barons , abbots . and milites & doctores in parliamento , the knights and doctors in parliament , of the house of commons , william fitzwilliam being speaker , was the first that signed ; and notwithstanding the objection from the date thereof , in time of prorogation , it is very probable that it was agreed in parliament , and my reasous are two , besides what appears by the letter it self . . the answer of the pope to the letter ; is directed thus . venerabilibus fratribus archieepiscopis & episcopis , ac dilectis filiis abbatibus nobilibusque viris ducibus , marchionibus , comitibus , baronibus , militibus , ac doctoribus parliamenti regni angliae . . records and histories tell us that parliaments have several times sent letters to the pope : for instances . anno h. . e. . . e. . where the last , though agreed to in full parliament , yet was after sealed , souz les seales , des grantz , & totes les cominaltes , des citees & burghes d' angleterre so that as yet under submission i am of my lord herbert's opinion , that the letter or declaration was by the parliament . . anno eliz. item conventum concordatum & conclusum estquod rex scotiae , quamprimum vicesimum quintum suae aetatis , annum impleverit quam primum commode id facere poterit per publicum regni sui conventum dictum foedus approbabit & confirmabit approbari & confirmari faciet & item reginalis suae majestatis per proceres & alios regni sui angliae & hiberniae , status in parliamento idem faciat & praestabit ] vel fieri & praestari procurabit . i have seen several records of leagues ratified by the scotish parliament . postquam rex per spatium trium annorum & amplius in partibus transmarinis remansisset & de partibus vasconiae , & franciae in angliam rediisset valde anxiatus & conturbatus fuit per quotidianum clamorem tam clericorum quam laicorum petentium ab eo congruum remedium apponi versus justiciarios & alios ministros suos de multimodis oppressionibus & gravaminibus contra bonas leges & consuetudines regni illis factis super quo dominus edwardus rex per regale scriptum vicecomitibus angliae precipit , quod in omnibus comitatibus ciuitatibus & villis mercatoriis publice proclamari facerent quod omnes qui sese sentirent gravati venirent apud westmonasterium ad proximum parliamentum & ibi querimonias suas monstrarent ubi tam majores quam minores oportunum remedium & celerem justitiam rccuperent sicut rex vinculo juramenti die coronationis suae astrictus fuit ac jamjam a dest magnus dies & judiciarius justiciorum & aliorum ministrorum consilii regis quem nulla tergiversatione nullo munere nulla arte vel ingenio placitandi valent eludi coadunatis itaque clero & populo & in magno palatio westmonasterii consessis archiepiscopis cantuar. ( vir magnae pietatis & columna quasi sanctae ecclesiae & regni ) surrexit in medio & ab . alto ducens suspiria . noverit vniversitatis vestra ( ait ) quod convocati sumus de magnis etarduis negotiis regni ( heu nimis perturbati & hiis diebus enormiter mutilati ) unanimiter fideliter & efficaciter simul cum domino rege ad tractandum & ordinandum audivistis etiam universi querimonias gravissimas super intollerabilibus injuriis & oppressionibus & quotidianis desolationibustam sanctae ecclesiae quam regni factis per hoc iniquum concilium domini regis contra magnas chartas tot toties & multoties emptas & redemptas concessas & confirmatas per tot & talia juramenta domini regis nunc & dominorum henrici & johannis ac per terribiles fulminationes excommunicationis sententiae in transgressores comunium libertatum angliae quae in chartis predictis continentur corroboratas & cum spes preconcepta de libertatibus illis observandis fideliter ab omnibus putaretur stabilis & indubitata rex consiliis malorum ministrorum prevent us & seductus easdem infringendo contravenire non formidavit credens decepitive pro munere absolvi à transgressione quod esset manifestum regni exterminium aliud etiam nos omnes angit intrinsecùs quod justiciarii subtiliter ex malicia sua ac per diversa argumenta avaritiae & intollerabilis superbiae regem contra fideles suos multipliciter provocaverunt & incitaverunt , sanoque & salubri consilio ligeorum angliae contrarium reddiderunt consilia sua vana impudenter preponere & affirmare non eruberunt seu formidavervnt ac si plus habiles essent ad consulendam & conservandum rempublicam quam tota universitas regni in uum collecta , ita de illis possit vere dici , viri qui turbaverunt terram & concusserunt regnum sub fuco gravitatis totum populum graviter oppresserunt pretextuque solummodo exponendi veteres leges novas ( non dicam leges ) sed malas consuetudines introduxerunt & vomuerunt ; ita quod per ignorantiam nonnullorum ac per partialitatem aliorum qui vel per munera vel per timorem aliquorum potentum innodati fuerunt nulla fuit , stabilitas legum nec alicui de populo justiciam dignabantur exhibere opera eorum sunt opera nequitiae & opus iniquitatis in manibus pedes eorum ad malum currunt & festinant , ac viam recti nescierunt quid dicam ? non est judicium in gressibus suis. quam plurimi liberi homines terrae nostrae fideles domini regis quafi viles ultimaeservi conditionis diversis carceribus sine culpa commiserunt ibidem carcerandi quorum nonnulli in carcere fame maerore & vinculorum pondere defecerunt , extorquerunt pro arbitrio insuper infinitam pecuniam ab eisdem pro redemptione sua crumenas aliorum ut suas impregnarent tam à divitibus quam pauperibus exhauserunt ratione quorum incurriverunt odium inexorabile & formidabiles imprecationes omnium quasi tale incomunicabile privelegium per cartam detestabilem de non obstante obtinuerunt & per quisiverunt ut alege divina humanaque ( quasi ad libitum ) immunes essent . gravamen insuper solitum adhuc sive aliquo modo saevit omnia sunt venalia si non quasi furtiva proh dolor . quid non mortalia pectora cogit auri sacra fames . ex ore meo contra vos ( o impii ) tremibunda caeli decreta iam auditis . agnitio vultus vestrorum accusat vos & peccatum vestrum quasi sodoma praedica vistis nec abscondistis vae animae vestrae vae qui condunt leges & scribentes injustitiam scripserunt ut opprimerent in judicio pauperes & vim facerent causae humilium populi ut essent viduae praeda eorum & pupillos diriperent vae qui aedificant domum suam in justitia & caenacula sua non in judicio , vae qui concupiverunt agros & violenter tulerunt & rapuerunt domos & oppresserunt virum & domum ejus imò virum & haereditatem suam vae judices qui sicut lupi vespere non relinquebant ossa in mane justus judex adducit consiliarios in stultum finem & judices in stuporem . mox ala voce justum judicium terrae recipietis . his auditis omnium aures tiniebant totaque communitas ingemuerunt dicentes heu nobis heu ubi est angliae toties empta toties concessa toties scripta toties jurata libertas . alii de criminalibus sese a visibus populi subtrahentes in locis secretis cum amicis tacties latitaverunt alios protulernnt in medium unde merito fore omnes ab officiis suis depositi & amoti unus a terra exulatus alii perpetuis prisonis incarcerati aliique gravibus pecuniarum sulutionibus , juste adjudicati fuerunt . . le roi a touz ceux que cestes lettres verrount ou errount , saluz sachez que come en les choses parlees , tretees , & accordees & affermees entre nous & nostre tresch foial & coysn si●e edward per la grace de dieu roi descoce , tuschauntes nous & lestate de nostre roialme dengleterre , & le dit roi descoce , son estat , & lestat de son roialme descoce , le dit roi descoce , par assent des prelates , countes , baronns , chivalers , & autres de son dit roialme descoce , eit reconuz & grauntezque le dic roialme descoce , & les isles appurtenances a y cele sount devient & tut temps passe soleient estre tenus des rois dengleterre , ꝑ homage lige & foialte . et auxint eit reconuz & grauntez dentrer en nostre homage a lige & foyolte come souverain seigneur des ditz roialme defcoce & isles . et auxint eit obligez lui , ses heirs & successors , de faire a nous & a noz heirs hore de nostre roialme dengleterre , & de noz terres de gales & dirland , come en gascoigne & aillours , ounous & a uoz heirs overoms terres ou clameroms droit ou autres nous voudront empescher par force sur noz terres , our sur possession ou droit que nous clamerons certeins services . cestassavoir le roi descoce p̄ tote sa vie , ꝑ le garnissement de sys moys les services de deux centz homes darmes ꝑ un an a ses custages & dispens , & ꝑ ses heirs & successors , ꝑ au tiel garnissement les services de cent homes darmes a lour custages & dispens ꝑ un an . et silui , ses heirs ou ses successours garniz ꝑ nous & ꝑ noz heirs en la maniere avantdite , de faire les ditz services fausissent de faire & parfaire mesmes les services , le dit roi descoce eit obligez lui , ses heirs & ses successors , en deux centz mille livres desterlinges , a paier a nous & a noz heirs . et auxint eit grauntez ꝑ lui , ses heirs & ses successours , que sils fausissent de faire & parfaire les ditz services ; & le dit roi descoce ses heirs & ses successours , feussent requis ꝑ nous ou ꝑ noz heirs de paire le deux centz mille livres , que apres lespace de trois moys a totes les foitz , & apres ceo que le dit roi descoce , ses heirs ou ses successors , fuissent issint requis ꝑ nous & noz heits , & ils fausissent de faire le dit paiement , que nous & noz heirs peussons franchement , & sanz countredit du dit roi descoce , ses heirs ou ses successours , entrer le dit roialme descoce & totes les cirees , villes , chasteux , manoirs , terres & tenements de le dit roi descoce , tenir & gouverner per noz gentz , & tores manieres des issues & profits ent surdantz lever , cuiller & tenir a nostre oeps , & al oeps de noz heirs , & tanque nous soiums paiez des ditz deux centz mille livres pleinement . et austre ceo le dit roi descoce eit obligez lui , ses heirs & ses successours , de assigner , doner & ●aire liverer a nous deux mille de terre , eit done , graunte & assigne a nous le chastell , la dille , & la counte de berewyk , a la value que serra trove ꝑ extent a faire en la maniere avantdite , & ceo que faudra des di●es deux mille livres de terre , il ferra assigner & liveter a nous en lieux covenables & greables a nous sur la marche descoce , & joignauntes a nostre roialme dengleterre , a avoir & tenir les ditz chastell , dille & countée , & les autres terres que le dit roi nous assignera a nous & a noz heirs , come annexes a nostre roiale dignite , & a nostre roialme dengleterre , & suertées del roiale dignite , & de la courone descoce , a touz jours come plus pleinement est contenuz en les lettres patentes de le dit roi descoce de ceo faites . et auxint le dit roi descoce , par ses autres lettres patentes , pur autres certeins causes notées en yeeles de mesme lassent , eit graunte & oblige lui & ses heirs , a nous & a noz heirs , de venir en persone od tot son poair , & a ses custages & despens , ad nostre corps & ad les corps de noz heirs en nostre roialme dengleterre , & en noz terres de gales & dirlande avantditz , en eid de nous & de noz heirs , countre toutz ceux que voudront guerrer nous & noz heirs , ou par force noz foitz empescher es ditz roialme & terres a totes les foitz que le dit roi descoce ou ses heirs serrount requis parnous & nos heirs del garnissement de sys moys , ficome endites lettres plus pleinement est contenuz . nous voillauntz oustier les enchesons dount debatz guerres ou contees pourrount sourdre en temps a venir entre nous & noz heirs , & le dit roi descoce & ses heirs , & purvéer totes les choses ꝑ queles pées & amour soient nurriz & meintenuz entre nous , & a noz heirs & noz souzmys dune part , & le dit roi descoce & ses heirs & ses souzmys dautre part , a touz jours par assent des prelatz , countes & barons , & la communalte de nostre roialme , assemblez a nostre parlement somons a everwyk le lundy proschein avant la feste de saint pierre en cathedra , l'an de grace selonc le cours del eglise de rome mille tresrentz trentisme quart , & de nostre regne oytisme , grauntoms , relessoms & quiteclamons , pur nous & pur noz heirs , au dit roi descoce & a ses heirs , tot le cleym & le droit 〈◊〉 nous aviums ou avoms en le demeigne de tut le remenaunt de ditz roialme descoce & isles , outre les terres & choses a nous grauntées & liverées , & a liverer . et voloms & grantoms pur nous & pur noz heirs , que le dit roi descoce eit & tiegne le demeigne de tut le remenaunt des ditz roialme descoce & isles , come susestdit a lui & ses heirs , entierement sanz autre subjection a nous ou a noz heirs , pur mesme le demeigne de tut le remenaunt de roialme descoee & des isles come dessus est dit . horpris & sauve a nous & a noz heirs , totes les choses grauntees a nous & a noz heirs par le dit roi descoce , selone le purport des lettres patentes le dit roi descoce a nous faites . et eu tesmoignante de quele chose a cestes noz lettres patentes avoms fait mettre nostre graunt seal . don a everwyk eu nostre dit parlement , le premier jour de marcz , l'an de grace & de nostre regne susdit . . aquel lendemain que fuist mardy , vindrent en parlement sibien les prelatz , seigneurs temporelx , come les justices & autres du conseil nostre dit seigneur le roi , en le chambre de peinte a westm. en presence du roi mesme appellaz la ejns les chivaleers des countees , les barons des cinque ports , citizens des cities , & burgheys des burghs ꝑ lour nosms , sicome les viscounts lour avoient fait retourner , mouns michael de la poole chivaler , chanceller d'angleterre , ꝑ commandment nostre seigneur le roi , avoit les parols de la pronunciation des causes de la summonce de cest present parlement . y dist vous messieurs prelatz & seigneurs temporelx , & vous mes compaignons les chivaleers , & outres de la noble comune d'angleterre cy presentz , deviez eutendre que combien que je ne soīe dignes mes insufficient de sce●● & de tout autre bien touts voies pleust a nostre seigneur le roi , n'adgairs de moy tréer en son chanceller , & sur ceo ore moy ad commandez qu'ore en vos honouables presences , que vous doie deper suy exposer les causes de la summonce de son present parlement , & ꝑ tant purra clearment apparoir que si haut busoigne come ceo est de arler si chargeant matire devant touts & tiels si nobles & sages perfones que vouz estes , ne ferroit mye ꝑ presumption ou surquindrere de moy mesmes einz solement ꝑ deux enchesons reasonables . l'une est , que longement & communement ad estre accustume deins mesme le roialme , que les chancellers d'angleterre devant moy si ouut faitz chescun en son temps pronunciation deper le roy de semblablez parlements devant ore tenuz , & ne verroie si pleust a dieu que en mon temps defaute y fuist trovez en ma persone ne arrerisement de le stat de mon dit office , si avant come je le purroie maintenir en tout bien & honour . la seconde est , que quoy je assume de present si grant charge sur moy devant touts les autres sages cy presentz , car le roy nostre seigneur leige icy present n'ad commander del fair que nostre saut a fyn force en ce , & en touts autres ses commandements tournir au profit de luy & de son roialme . au terce & issint ne ferroit eest chargeant busoigne en ascun manier si non constreient ꝑ reson du mon office , & commandement de mon seigneur liege come dit est . et seigneurs & sires , la principal & primier cause ꝑ que nostre dit seigneur le roy ad fait summondre son present parlement , que touche le roialme descoce , st est expresse & contenuée en les briefs a vous faitz , de mesme la summonce le quel est tiel : nostre seigneur le roy apperceivant coment les graunts trieves jadys prizes perentrée les roiaumes dengleterre & descoce , si donient ꝑ la forme dicelles finir & failer a cest prochein feste de la purification nostre dame prochein venant . et pur tant que home my feust desgarnir en celle partie al dit fyndes trieves pleaust a nostre dit seigneur le roy , denvoir a la marche descoce le puissant & noble seigneur son treschier uncle oepaigne duc de lancaster cy present , aver autres seigneurs & sages du conseil le roy , pur affaier & taster si leu purroit honorablement avoir la pair ov esq les escotes , ou auterment prorogation dicelles trieus pur un temps notable . et si feuront ils en drte marche descoce , & ont avoient parlance & tretée aver mesmes les escotz , & finalement ont reportez a nostre dit seigneur le roy relation & lettres del adversaire descoce , contenantes quil envoirer oit suffizantes persones de son roialme , avec po●ar & authoritee suffisant deper luy a londres , pur y treter de mesme la matire & celle report fait a uostre dit seigneur le roy , pur ce que voirs est que plusors , de vouz estes inheritez des plusors terres & seigneuries deins le roialme d'angleterre , appurtenautz a les escotz d'auncientée , & auxi atez eu challenge plusors terres & tenemeuts deins le roialme descoce ▪ dont les escotz sont auxint de present inheritez . et si paix se ferroit perentrée les roialmes avendront ensi pur ce que plusors translations des droitz a ycelles terres & seigneuries d'ambez partes , serroieut faitz ou ꝑ cas mesmes les droitz serroient surrendez de ceo & ꝑ celle cause & autres matieres plusors incidente que ne veignont ore a memoire , mais pur especiall pur tant que le roialme descoce , si est tielment annexe d'auncientee a la corone d'angleterre , luy quiel de temps bruyt primer inhabiter d'prelles roialmes , le roialme descoce avantdir . et le roy d'yeelle pur le temps esteant aient este continualment subjugatz & attendantz au roy & al roialme d'angleterre , on en possession , ou en challenge , sembloit de veritee que home ne poit sur tiel haute & chargeante matiere finalment . treter & accorder aillours que en parlement , ou si paix ou trieves ne se y pnrroient prendre uncores la remedy pnr defendre estre purvenir eu parlement , & eins si nule autre matiere eusex davoir parlement si est ce que a● dit une grant cause . une autre cause y ad ꝑ qne le roy nostre seigneur ad fait summoudre cest son parlement , est tiel , si einst avenist que paix ou trieves ne se preignent point en escoce , adonques la pluis perileuse guerre que nous pourroions avoir si est tantost overt dont est molt grandement a douter ꝑ tout fair ꝑ temps bone purveance en contre lour grant orgoill fauxive & force aiant consideration comment ils purront chescun jour entrée n●e roialme a terre serke , sans impediment de la méer , ou de eawe fresh , mes encores non pas soulement de fair purveiance encoutrée les ditz escotes , eius d'autres partz envers trois de pluis grandes roialmes & pais de christianity , cest a dire france , espagne . et ore de novell acrew le payes de flandres , avec touz jours adherents & alliez , qui sont come inunmerables mortelx enemyes a cest petit roialme d'angleterre , qne dieu salve , touz partz environez ꝑ terre & ꝑ mere envers quex , si dieu de sa grace ny mette remedy , & home de sa party ne face ceo que en luy est de purveyance en resistance de lour malice vraisemblable est que le greinder mischeife est hastivement a venir que , dieu ne veule a cest petit roialme que unques mes ny aveuist . et pur ceo que mischeife semble pur les dits causes si dure & si proschein si est droit que home se hast le pluis tost pur ordeiner de bone & effectuall remedy quest principalment apres la grace de dieu d'avoir de quoy home purra venir a les dispenses que leu y font mettre que comenca fyn force venir de la comune defens demande comune charge , voirs est & certaine que trois des pluis riches rois christiens ne purroient endurer les charges de tantz & tiels guerres sans l'aide de lour comune . et pur tant l'eu faut ordiner coment defendre . et de quoy l'en avera despenses necessares . et quant a defens fair en cell partie salvis meillour advis . il doit apparoir a chescom sage que nostre defens si est d'assailer les enemyes per de hors nostre royalme , car tiel assaut le semble estre reasonable , profitable & honourable primerment si est nostre assaut reasonable ꝑ encheson que nos sumes actours , demandours , & challengers ou appellours . et reson voet , que le demandent & challengour assaile le defendour . et non pas è'converso . secondment , nostre assault est prositable , car si nous attendismes lour assaut deins nostre roialme l'assemblée & chivachée de nostre host envers lour host ferroit a nostre roialm , l'un & l'autre est esteant en ꝑrel a tant de damage come serroit lost des enemies horspris prise de prisoners & arsure des villes & mesons sicome vous messers & sires avez mesmes venez estre fait des patties , deper dela & mieltz est & plus profitable que nostre ost soit sustenez per les vitailles & biens des enemyes que de noz biens proprez : tiercement , il est plus honourable d'assailer que defender , car communement les cowards n'assailant mye . et ꝑ eschuer les mischeifes de lor assaut d nn part ala vilinie que nous aurions si nons que sumes demandours & challengours come dit est ꝑ defaute del pursuite de nostre droit que nous avous comencez devant ore feusons appellez maintenant ou tenuz d'autres nos veisines que dieu ne veulle ꝑ cowards si avant come nous purros eschiur leration ꝑ quoy tiel non enporterious car il nous fant fair un yes deux choses ou de pursuir nostre droit ꝑ fort main & assaut ou de lesser hountensement . et seigneurs & sires toutes voies vous ne durez mye aretter sur la persone du roy nostre seigneur que cestes importables charges de les guerres avantditz soient ꝑ luy inroduitz , ou ꝑ singuleritie de luy comencez devant son temps combien sachez & auxi avant la honourable corone d' angleterre luy est descenduz ꝑ succession de droit heritage auxy avant luy ont eschuiz avec l'honour & profit de la corone les chargeantz guerres & querreles dycelles davant son temps comencez come dit est . item une autre cause de la somons de cest parliament est tiel cestassavoir d'ordeigner que salve gard de la paix deins le royalme & i obeisance due a nostre seignour le roy de teuts ses subjects soit mieltz faitz & gardez que ce n'adestre fait devant cest heure , car le disobeizance & rebellion que home ad fait devan● ore & que sont continuez de jour en autre envers les petits ministers du roy , come discountz , escheatours & les coillours de les subsidies & autres tielz estoient sours & cause principale del traiturous insurrection n'adgairs fait ꝑ la comen dengleterre deins mesme le roialme la quiel primerment estoit rebellion as dits petitz ministers , & puis● as grantes officers del roialme & al drain au roy mesmes combien les avez . et si avant come rebellion si estoit & est le sours & comencement de mischeif & trouboil deins le roialme si est arremain verroie obeizance au roy & fes ministers foundement de tut paix & quiete en mesme le roialme sicome clearment appiert ꝑ l'obeizance que les gentiles fierent au roy en dit insurrection & ꝑ cest causes devant ditz . et ꝑ purveyances des remedies besoignables en celle partie & auxint ꝑ ordinance faire ꝑ le salve gardes terres & seigniories nostre dit seigniour le roy cybien de ceo come de la , & ꝑ remedy fair & purvoier a touts les leiges le roy en ceo parlement s'ils ou ascun dieux lour vorront complendire de choseque ne poit estre remediez forsque en parlement ad nostre dit seigneur le roy fait sumondre ce present parlement . et sil ad auxint ordeignez certains prelatz , seigneurs & iustices , triours , & certain clerks de sa chancellerie receivours des petitions come vorra bailer avant en ceo parlement ꝑ mannire come errez lire ꝑ le cleric . de parlement en escript que sensuit de mot a mot . resceivours des petitions dengleterre , ireland , gales , & escoce . sire john de waltham . sire richard ravenser . sire thomas newenham . sire john de freton . resceivours des petitions de gascoigne , & d'autres terres & pais deper de la. sire piers de barton . sire john bouland . sire robert muskham . sire john scarle . et ceux que veullent bailler lours billes les baillent avant ꝑ entrecy , & la feste de touseintz prochein venantz ycell mesme jour accompte . et sont assigner triours des petitions dengleterre , irlande , gales , & escoce . le roy de castill , de leon , duc de lancaster . l'archevesque de canterbrie . l'evesque de londres . l'evesque de wyncestre . l'evesque de elye . l'evesque de salisbrie . l'abbe de saint augustine de canterbrie . l'abbe de waltham . le count de kent , mar●all dengleterre . le count de arundell . le count de warr ' . le count de northumbr ' . le seigneur de nevill . mouns . richard de scroope . mouns . guy de bryen . mouns . robert trisilian . mouns . robert belknapp . toutz ensemble ou des prelatz & seigniors avantditz aumeins appellez a eux chanceller , treasurer , seneschal & chamberleyne , & ay les sergeantz nostre seignior le roy , quant il busoignera & tendront lour place en le chambre de chamberleyn apres de la chambre de peint . et sont assignez triours des petitions de gascoigne , & d'autres terres & pais de la mere & les isles . l'evesque de nichole . l'evesque de norwiz . l'evesque de st. david . l'evesque de excestre . l'evesque de hereford . l'abbe de westm. l'abbe de glastingbrie . le count de cantebruy . le count de buck. conestable dengleterre . le count de stafford . le count de salisbrie . le seignior fitzwater . le prior de st. johan jerusalem en engleterre . mouns . johan de cobham de kent . mouns . william skipwith . mouns . roger fulthorp . mouns . david hannemer . touz ensemble ou quatre des prelatz & seigniors avantditz , appellez a eux chanceller , treasurer , seneschall , chamberleyn , & les serjeants le roy , quant il busoignera , & tendront lour place en la chambre marcolf . et la dite cedule lue en dite parlement mesme le chanceller parlast autrefoitz . et dit seigniors & sires cy presents , qui aves la summonce de cest parlement , le roy vous comande sur le paine qu'appeint , que aiantz due consideration a les necessaires matires a vouz ore monstrez , & a les importables mischeifes apparantz , & auxint a la grant necessitée que le roi ad ore de thresor , & d'avoir pur remedier ycelles mischeifes qu eux sans grant fuison d'avoir ne poent jamais estre remediez vous messieurs les prelatz & seigniors temporelx , per vous mesmes & vous seigniors de la comune , per vos mesmes veulliez comuner diligeaument sur cest matires , & des remedyes busoignables a tout le haste que vouz purrez oustant de tout le communement d'autre matire collaterale quelconque en le moien temps , & vos advisent pris reporter de temps en temps au roy nostre seigneur , ou fyu que les matires necessaires touches & a toucherez soient a bone deliberation examinez , tretez & exploitez , & toute autre impertinent matire mys aderere ꝑ le temps : et le parlement ꝑ tant myse a gratiouse & bone fine , que dieu grant . et le roy vouz comande trestouz , que vous retournez de jour en autre pur treter & fair ce ꝑ quoy vous estes venuz , dont vous avez maintenant vostre charge sans departer de cest parlement ꝑ voie quelconque si eins ne soit que vous ent averez especiale congie de nostre dit seignior le roy , sur le perill avantdit . item fait a remembrer , que les seigniours & comunes en eest parlement assemblez , considerez les outrageouses charges que nostre seignior le roi port parmy les guerres overts de toutes partz , & autrement granterent a nostre dit seignior le roy une quinzisme avoir & receiver de eux ꝑ les forme & conditions en touts points comprise en un cedule sur ce fait endentee & liveree avant en parlement par mesmes les comunes , & nemye en autre maniere par voie quelconque , & pria la dite comune ꝑ especiale a nostre dit seigneur le roy , que la dite cedule quele ils ont fait come celle que pleinmrnt contient la maniere de lour grant dont mesme la comune y fist plein declaration ꝑ bouche devant nostre dit seignior le roy en plein parlement , st feust entrée en rolle de parlement de mot a mot , & en null autre maniere ꝑ ascun voie que le request lour estoit octroiez de quel cedule issint leverée le tenure sensuit de mot a mot . . anno e. . a truce being concluded between the english and french , by king edward's ambassadors , who therein had dishonourably agreed to include the scots ; the ambassadors , at the ensuing parliament , were sharply rebuked and corrected , not only by the king himself , the prelates , and nobles , but by the commons ; but to take away exceptions , let the record speak . treugae initae inter angliae & franciae reges per eorum procuratores & nuncios , anno gratiae . pro quibus dicti nuncii regis angliae reprehensi fuerunt non solum per ipsum regem & praelatos & nobiles , sed etiam communitatem regni praedicti ; pro eo quod promiserunt regem & gentes scotiae includi in treugis ex parte francorum regis , ex parte confederationis prius initae inter francorum & scotorum reges praedictos . . anno e. , a war being between england and france , the pope sent two cardinals to conclude a truce between the two crowns ; whereupon king edward declares , nos pro eo quod praelatis & proceribus ac magnatibus regni nostri necnon confederatis nostris quorum interest inconsultis dicte treugae tunc assentire non poteramus parliamentum nostrum apud westmonast . in crastino purificationis beate mariae virginis ultimo preterito mandaverimus convocari ut tam ipsorum praelatorum & procerum , ac communitatum dicti regni nostri quam confederatorum nostrorum praedictorum habere possemus de liberationem quid agendum foret consultius in hac parte , &c. and afterwards , the record says , nos habita in dicto parliamento cum praelatis & proceribus ac communitatibus regni nostri praedictis necnon cum nunciis ad nos de dictis confederatis nostris accedentibus super hiis deliberatione pleniori licet consideratis qualitate temporis jam currentis & facti circumstantiis nobis & ipsis visum fuerit periculosum fore multipliciter & dampnosum aliquam cessationem seu dilationem ulterius concedere , &c. had we had left us the parliament rolls of h. . e. . e . and some in e. . which are destroyed or lost , truth ( to which all owe a submission ) would have more plainly appear'd . a quere touching the parliament of scotland . what the constituent parts of the commune consilium or parliament of scotland , was in the time of our king e. . near years since , ( and why not the same before ) is ( amongst other authorities ) proved as i conceive by a grand record in the tower of london , which declares that the league between the scotch and french , was ratified and confirmed . inter ipsum francorum regem em una parte & dictum dominum johannem de balliolo ac prealatos & nobiles ac universitates & communitates civitatum & villarum dicti regni scotiae pro ipsis & eorum haeredibus & successoribus ex altera . et etiam ad includendum dictum dominum johannem & caeteros omnes terrae scotiae predictos in treugis inter dictos angliae & franciae reges initis proipsis & eorum heredibus subditis & confederatis ad fines infrascriptos . a query may arise from this record , if the tenants in capite only , compounded and made the parliament of that kingdom in former ages , as some hold . the query is this . whether all prelates , noblemen , universities and communities of cities and towns of scotland , held of the scotish king in capite , tempore e. . for if they held of any other , or of him otherwise then in capite , how could the tenants in capite be the only members of the parliament , according to the exact enumeration of the constituent parts mentioned and set down in this great record , which tells us , that the league was made . on the one part between the king of france ; . on the other part between , . john balliol , who was then king , . the prelates , . the nobles , . the universities and communities of the cities and towns of the kingdom of scotland , . and that for themselves , . and for their heirs and successors . the late proceedings touching ship-money declared unlawful , and all records and process concerning the same made void . whereas divers writs of late time , issued under the oreat seal of england , commonly called ship-writs , for the charging of the port-towns , cities , boroughs and counties of this realm , respectively , to provide and furnish certain ships for his majesties service . and whereas upon the execution of the same writs , and returns of certioraries thereupon made , and the sending of the same by mittimus into the court of exchequer , process hath been thence made against sundry persons pretended to be charged by way of contribution , for the making up of certain sums assessed for the providing of the said ships ; and in especial , in easter-term , in the thirteenth year of the reign of our sovereign lord the king that now is , a writ of scire facias was awarded out of the court of exchequer , to the then sheriff of buckinghamshire , against john hampden esq to appear , and shew cause why he would not be charged with a certain sum so assessed upon him . upon whose appearance and demurer to the proceedings therein , the barons of the exchequer adjourned the same case in the exchequer-chamber , where it was solemnly argued divers days , and at length it was there agréed , by the greater part of all justices of the courts of kings-bench and common-pleas , and of the barons of the exchequer , there assembled , that the said john hampden should be charged with the said sum , so aforesaid assessed on him . the main grounds and reasons of the said justices and barons so agreed , being , that when the good and safety of the kingdom in general is concern'd and the whole kingdom in danger ▪ then the king might by writ under the great seal of england , command all the subjects of this his kingdom , at their charge to provide and furnish such manner of ships with men , victuals and munition and for such time as the king should think fit , for the defence and safe-guard of the kingdom from such danger and peril ; and that by law the king might compel the doing thereof , in case of refusal or refractoriness ; and that the king is the sole judge both of the danger , and when and how the same is to be prevented and avoided . according to which grounds and reasons , all the justices of kings-bench and common-pleas , and the said barons of the exchequer , having been formerly consulted with , by his majesties command , had set their hands to an extrajudicial opinion , expressed to the same purpose , which opinion , with their names thereunto , was also by his majesties command , inrolled in the courts of chancery , kings-bench , common-pleas and exchequer , and likewise entered among the remembrances of the court of star-chamber ; and according to the said agréement of the said justices and barons judgment was given by the barons of the exchequer , that the said john hampden should be charged with the said sum so assessed on him ; and whereas some other actions and process depend , and have depended in the said court of exchequer , and in some other courts against other persons , for the like kind of charge grounded upon the said writs commonly called ship-writs , all which writs and proceedings as aforesaid , were utterly against the law of the land. be it therefore declared and enacted by the kings most excellent majesty and the lords and commons in this present parliament assembled , and by the authority of the same , that the said charge imposed upon the subjects , for the providing of ships , commonly called ship-meony , and the said extrajudicial opinion of the said justices and barons , and the said writs , and every of them , and the said agreement or opinion of the greater part of the said justices and barons , and the said judgement given against the said john hampden , were , and are contrary to , and against the laws and statutes of this realm , the right of propeety , the liberty of the subjects , former resolutions in parliamrnt , and the petition of right made in the the third year of the reign of his majesty that now is . and it is further declared and enacted by the authority aforesaid , that all and every the particulars prayed or desired in the said petition of right , shall from henceforth be put in execution accordingly , and shall be firmly and strictly holden and observed , as in the same petition they are prayed and expressed ; and that all and every the records and remembrances of all and every the judgments , inrollments , entry and proceedings as aforesaid , and and every the proceedings whatsoever upon , or by pretext or colour of any of the said writs , commonly called ship-writs , and all and every the dependents on any of them , shall be deemed and adjudged , to all intents , constructions and purposes , to be utterly void and disanulled , and that all and every the said judgment , inrollments , entries , proceedings and dependents of what kind soever , shall be vacated and cancelled , in such manner and form as records use to be that are vacated . finis . by reason of the hast and throng of the press , the reader is desired to correct those errata in the book . pa. . ommons r. commons , pa ▪ : in mar. for witnesses r. members , pa. . for § r. § : p. . in mar. for sir cooke r. sir edward cooke . errata in the appendix . pa. . l. . proditoriae r. proditorie , n. . in mar. h r. h. . n. . the next p. l. . archeipis r. archiepo , l. . universitatis r. vniversitas , p. . l. . for sive r. sine , l. . praedica vistis r. praedicavistis . p. . l. . tacites r. tacite . the antient right of the commons of england asserted , or , a discourse proving by records and the best historians , that the commons of england were ever an essential part of parliament . by william petyt of the inner-temple , esq jani anglorum facies nova : or , several monuments of antiquity touching the great councils of the kingdom , and the court of kings immediate tenants and officers from the first of william the first , to the forty ninth of henry the third , reviv'd and clear'd . wherein , the sense of the common-council of the kingdom mentioned in king john's charter ; and of the laws ecclesiastical , or civil , concerning clergy-men's voting in capital cases is submitted to the judgment of the learned . notes, typically marginal, from the original text notes for div a -e apud foxum vol. . col . . & the bishop of winchester's letter to the duke of somerset , protector to e. . plutatchus lib. cum principibus philosophos debere disputare . qui semper corrumpunt principes , reges ac tyrannos , nempe delatores criminatores , & adulatores , ab omnibus exiguntur , puniunturque ut qui non in unum calicem lethale venenum mittant , sed in fontem publicitus scatentem , & quo vident omnes uti . quemadmodum non uno supplicio dignus est , qui fontem publicum , unde bibant omnes , veneno infecit ita nocentissimus est , qui principis animum pravis infecerit opinionibus , quae mox in tot hominum permiciem redundent . nam si capite plectitur , qui principis monetam vitiarit , quanto dignior est eo supplicio , qui principis ingenium corruperit . osorius lib. . de regis institutione , occurrit alia adulatorum turba prudentiae nomine commendata qui utse in gratiam regum iusinuent illis persuadent eos esse supra leges ( & post aliqua . ) nunquam in regnis & civitatibus homines scelerati defuerunt , nec hodie desunt qui principes erroribus turbulentis iuficiant , quibus illi quidem annumerandi sunt , qui cum se jure consultos existimari velint regibus persuadent illos omnino solutos esse legibus : observ. . cardan lib. de utilitate ex adversis capiend● cap. de principis incommodis , p. . observ. . rot. parl. . h . act . the attainder of the l. cromwel a dangerous boast of any one minister . actus parl. an , and . e. . no. . an act touching the fine and ransome of the duke of somerset . a remarkable instance how dangerous it is for one single minister to have a monopoly of the king. observ. . apud foxum , vol. d. stephen gardiner bishop of winchester , his letter to the d. of somerset , protector to e. . coke . inst so . . ld. herbert hist. of h. . fo . rast. stat. . h. . cap. . observ. . rastal's , and . e. . cap coke . inst. fo . . rastals stat. . ed. . cap. . out of a paper in the hands of my good friend mr. john rawley , a worthy citizen of london , nephew and executor to dr. rawley , first and last chaplain to the l. bacon . my lord bacons memento . ex journali domus procerum , annis , and . jacobi regis . maii this bill after pass'd unto a law. notes for div a -e cromptons jurisdiction of courts , p. , , , , . h. . an. dom. . breach of priviledge . ferrers arrested going to the parl. house . the serjeant of the parliament sent to the compter for him . and demands the prisoner . but the officers deny him . and assault the serjeant . breaks the crown of the mace , & strikes down his man. complains of it to the sheriffs , and demands the prisoner . who contemptuously reject the same . the serjeant returns and acquaints the house . who highly resent it . it was ordinary for either house , upon emergent occasions , to give an account to each other , as in the time of r. . h. . h. . e. . & queen mary , the great officers of state , as the chancellor , treasurer , &c. went down to the house of commons to give them particular accounts . the ld. chancellor in parliament offers the commons a writ to deliver their burgess , but they refuse it , as being clear of opinion , that all their commandments & acts were to be done and executed by their serjeant , without writ . the sheriffs ordered to appear , and bring with them the clerks of the compter . and accordingly they did . who are charged by the speaker . being not admitted to any councel . the sheriffs committed to the tower. the clerk to little ease , and the serjeants to newgate . all at last delivered upon the humble suit of the mayor , and other their friends . the king takes notice of the proceedings . the king in the presence of the chancellor & judges , with whom he had consulted before of this matter , commends and approves the proccedings of the commons . here the king from the mouth of the lord chancellor , declares the ancient priviledg of the commons , even for their menial servants , and gives an instance in the cook of the temple . the king head , and the lords and commons members of the high court of parliament , in which he stands highest in his royal estate . the court of parliament . nota , all acts and processes coming out of any inferiour court , must cease and give place to the highest . sir edward mountague chief justice of england , who we cannot believe to be misconusant of the ancient proceedings in parliament , and of the priviledge of the house of commons , together with the rest of the judges , by reasons which wanted not authorities , confirmed what the king had said . journal dom. com. . ed. vi. notes for div a -e journ . dom. com. eliz. maii , anno dom. . misdemeanors of a member of the house of commons , for sundry lewd speeches as well in the house , as abroad . ordered that those who heard them , to put them in writing , and deliver them to the speaker . mond . febr , mr. hall appears , and is cleared . humbly confesseth his folly . and is remitted by the house . journal . dom. comm. anno . eliz. . feb. a. d . breach of priviledge , confederacy , and contempt . friday . feb. munday . feb. smalley to be brought to the house by the mace , and not by writ . tuesday . feb. smalley brought to the bar , was presently delivered out of execution . wednesday . march post meridiem . mr. hall , smalley's master , withdraws . smalley adjudged guilty of a contempt against the house , for fraudulently procuring himself to be arrested . kirtleton in confederacy with him . smalley to be committed to the tower for his misdemeanor and contempt . the like judgment for kirtleton . both to be brought into the house , to receive their judgements . mr. hall's privity in the matter to be referred to a further debate . saturday , march. the speaker pronounced judgement upon smalley . saturd . . feb. an. . eliz. journ . dom. com. mr. hall's charge for writing a book derogatory to the authority , power and state of the commons house of parliament . mr. hall ordered to be sent for by the serjeant at arms two knights , members of the house , to assist the serjeant . a commission to a committee to send for the printer , and to examine the matter . to report to the house , and to take order for hall's apprehension . and if any member should see him , to stay him , and bring him to the house . munday feb. mr. secretary wilson reports the examination of hall's case from the committee . hall appears , and was called to the bar , where he was charged by the speaker with his offence . the printer brought to the bar. and shirland , who was examined . and wells , who was also examined . a committee appointed to examine further the whole matter . m. hall brought to the bar again , and committed to the serjeant to attend the committee . bynnyman , wells , and shirland , ordered likewise to attend the committee . dalton also ordered to attend tuesd. feb. another report from the committee against hall , of new contempts and crimes added to his former . mr. hall chargeth the house with injustice . nota. the printer brought to the bar again , and re-examined . mr. hall at the bar , and recharged by mr. speaker . submits , refuseth to answer , acknowledgeth his error , prays pardon , and is sequestred . sundry motions for a proportionable punishment . resolved , nemine contradicente hall to be committed to prison . and that prison to be the tower there to remain for six months . and from thence , till he made a retractation of his book . to be fined to the queen . and that fine to be marks . to be severed and cut off from being a member of the house . and the speaker to issue a warrant for a new writ . his book and slanderous libel to be adjudged utterly false and erroneous . and that to be publickly testified and affirmed by order of the house . hall brought to the bar to receive his judgment , which mr. speaker delivered accordingly . the proceedings against hall drawn up , read and agreed to by the house . rot. pat. h. . m. . dorso . forma pacis inter regem & barones . the articles of peace à domino rege & domino edwardo , praelatis & proceribus omnibus , & communitate tota regni angliae communiter & concorditer approbat . were sealed by the bishops of lincoln and ely , earl of norf. earl of oxon. humphrey bohun , william de monte canisio , & major . london . in parliamento london . mense junii , anno dom. . de consensu , voluntate & praecepto domini regis , necnon praelatorum , baronum , ac etiam communitatis tunc ibidem praesentium . and not only so , but that record tells us , quod quaedam ordinatio facta in parliamento london . habito circa festum nativitatis sancti johannis baptistae prox ' praeteritum , pro pace regni conservanda . pultons stat. h. . c. . it is unanimously declared , adjudged and confirmed , that the king , his noble progenitors , and the nobility and commons of the said realm , at divers and sundry parliaments as well in the time of king e. . r. . h. . and other noble kings of this realm , made sundry ordinances , laws , statutes and provisions for the entire and sure conservation of the prerogative , liberties and preheminences of the said imperial crown of this realm , and of the jurisdiction spiritual and temporal of the same , to keep it from the annoyance as well from the see of rome , as from the authority of other foreign potentates , attempting the diminution and violation thereof , as often and from time to time as any such annoyance and attempt might be known or espied . ex vetusto ms. staeturorum penes johan ' peachy de interior ' templo armig. king edw. . and the whole parliament , in the . year of his reign , when the ordinances which had been made before that time , by certain prelates , earls and barons , by the consent of that king , & la comunante de la terre , were repealed , because in many things they restrained ▪ the power royal too much ; yet in the act of repeal there is a salvo semper jure regni sive parliamenti , for they unanimously agree and provide , mes les choses que sont establer pur le state nostre seigneur le roy & ses heirs , & pur le state du roialme & du peuple , soient tretez , accordez & establez en parlement par nostre dit seigneur le roy , & par l'assent des prelatz , comtz , barons , & tout le commune du roialme , auxi come ad estre accustumer ceo en arrear ; that those things which are for establishing the estate of the king and his heirs , and for the estate of the realm , and the people thereof , shall be treated of , accorded and established in parliament by the king , and by the assent of the prelates , earls , barons , and all the commons of the realm , as it had been accustomed in times past . rastals stat. anno e. . f. . the statute of provisors from rome . and to the intent that the said ordinances and every of the same , for the ease , quietness and wealth of the commons , be the better sustained , executed and kept , and that all those which have offended , or shall offend against these ordinances , by prosecutions , accusations , denunciations , citations , or other process , made or to be made out of the said realm , or within , or otherwise against any manner of person of the said realm , be the more covenable , and speedily brought in answer , to receive right according to their desert . the king , the prelates , dukes , earls , barons , nobles , and other commons , clerks , and lay-people , be bound by this present ordinance to aid , comfort , and to counsel the one and the other , and as often as shall need , and by all the best means that may be made of word and of deed , to impeach such offenders , and resist their deeds and enterprizes , and without suffering them to inhabit , abide , or pass by the seignories , possessions , lands , jurisdictions , or places , and be bound to keep and defend the one and the other from all damage , villainy , and reproof , as they should do their own persons , and for their deed and business , and by such manner , and as far forth as such prosecutions or process were made or attempted against them in especial general , or in common . rot parl. r. . n. . pur le pape s'accorderent touts les prelats , seigneurs & communes en le parlement . that pope urban was true & lawful pope , and that the livings of all cardinals , rebels to holy father , and all others their coadjutors , fautors and adherents , and all other enemies of the king and his realm , shall be seized into the hands of the king , and the king to be answered of the profits thereof ; and whosoever shall procure or obtain any provision or other instrument from any other pope then the said urban , shall be out of the kings protection . certaine priests en angleterre avoient offend en diverse points en temps r. . durant le division de la papacy , les fueront per act del parlement deprives de leur benefices . h. . fo . . rot. parl. h. . par . . num . . an act of parliament made h. . agrees and confirms , that it was ever the liberty and freedom of the commons of england , that no statute or law could be made , unless they gave thereto their assent ; and the reason was convincing and certain , which the king and his councel , the archbishops , bishops , abbots , priors , earls and barons in parliament , agreed to , and never in the least questioned or doubted of , that the commons of the land have ever been a member of parliament , and were as well assenters as petitioners . the record is thus ; that so as it hath ever be their liberte and freedom , that ther should no statute , ne law , be made , of less then they yaffe thereto there assent , considering that the common of your lond , the which that is and ever hath be a membre of your parliament , ben as well assenters as petitioners . rot. parl. h. . n. . nostre seigneur le roy per avys & assent des seigneurs & communes , enact . that during the schism at rome , all bishops and other persons of holy church , shall be consecrated by the metropolitan , upon the kings writ , without further excuse or delay . pultons stat , h , . c. . it was enacted by authority of parliament , that all archbishops and bishops of this realm , or of any the kings dominions , consecrated , and at this present time taken and reputed for archbishops and bishops , may by authority of this present parliament , and not by vertue of any provision , or other foreign authority , license , faculty , or dispensation , keep , enjoy and retain their archbishopricks and bishopricks , in as large and ample manner , as if they had been promoted , elected , confirmed and consecrated , according to the due course of the laws of this realm ; and that every archbishop and bishop of this realm , and of other the king's dominions , may minister , use and exercise all and every thing and things , pertaining to the office or order of an archbishop and bishop , with all tokens in signs and ceremonies thereunto lawfully belonging . rastals stat h. . c. . it is declared both by the lords & commons , that your royal majesty , and your lords spiritual and temporal , and commons representing the whole state of your realm , in this your most high court of parliament , have full power and authority not only to dispence , but also authorize some elect person or persons to dispence with those and all other humane laws of this your realm , and with every one of them , as the quality of the persons and matter shall require ; and also the said laws and every of them to abrogate , adnul , amplifie or diminish , as shall be seen unto your majesty , and the nobles and commons of your realm , present in your parliament , meet and convenient for the wealth of your realm , as by divers good and wholesom acts of parliament , made and established as well in your time , as in the time of your most noble progenitors , it may plainly and evidently appear . pultons stat. an. & e. . cap. . all laws prohibiting spiritual persons to marry , who by gods law may marry , shall be void . be it therefore enacted by our soveraign lord the king , with the assent of the lords spiritual and temporal , and the commons in this present parliament assembled , and by the authority of the same , that all and every law and laws positive , canons , constitutions , and ordinances heretofore made by authority of man only , which do prohibit or forbid marriage to any ecctesiastical or spiritual person or persons , of what estate , condition or degree they be , or by what name or names soever they be called , which by gods law may lawfully marry , in all and every article , branch and sentence , concerning only the prohibition for the marriage of the persons aforesaid , shall be utterly void and of none effect ; and that all manner of forfeitures , pains and penalties , crimes or actions , which were in the said laws contained , and of the same did follow , concerning the prohibition for the marriage of the persons aforesaid , be clearly and utterly void , frustrate , and of none effect , to all intents , constructions and purposes , as well concerning marriage heretofore made by any of the ecclesiastical or spiritual persons aforesaid , as also such which hereafter shall be duly and lawfully had , celebrate and made , betwixt the persons which by the laws of god may lawfully marry . lastly , knighton one of our best and most exactest historians , tells posterity the ancient ends of calling parliaments , in the speeches made by tho. de woodstock duke of gloucester , the kings uncle , and tho. de arundel bishop of ely , to king richard d . at eltham , in the th . year of his reign , in the name of the whole parliament then sitting at westminster , wherein the said delegates do put that king in mind , quod ex antiquo statuto & consuetudine laudabili & approbata , &c. ( saith the historian ) that by ancient statute and custom laudable and approved , which no man could deny , the king may once in the year convene his lords and commons to his court of parliament , as to the highest court of the whole realm . [ in qua omnis equitas relucere deberet absque qualibet scrupulositate vel nota , tanquam sol in ascensu meridiei , ubi pauperes & divites pro refrigerio tranquilitatis & pacis , & repulsione injuriarum refugium infallibile querere possent , ac etiam errata regni reformare , & de statu & gubernatione regis & regni cum sapientiori concilio tractare , ut inimici regis & regni intrinseci , & hostes extrinseci destruantur & repellantur , qualiter quoque onera incumbentia regi & regno levius ad ediam communitatis suportari poterunt . ] in which court ( say they ) all equity ought to shine forth , without the least cloud or shadow , like the sun in his meridian glory , where poor and rich refreshed with peace and ease of their oppressions , may always find infallible and sure refuge and succour ; the grievances of the kingdom redress'd , and the state of the king and government of the realm debated with wiser counsels , the domestick and foreign enemies of the king and kingdom destroyed and repelled , and to consider how the charges and burthens of both may be sustained with more ease to the people . saturday the . of march. a further order against mr. hall. hall's retractation to be referred to a certain committee . the committee to report hall's retractation at the next session of parliament . anno eliz. jour . dom. com. saturday december . contempt in a member . the serjeant to give warning to mr. hall tu attend the house . monday the november , anno eliz. an. dom. mr. markham's complaint against mr. hall. that he being for ever disabled to be a member of the house , had notwithstanding brought his writ against the inhabitants of grantham for his wages who pray the advice and order of the house . friday the d . of december . referred to a committee . with directions if they think good , to move the lord chancellor to stay the granting of further process against the burrough . tuesday the . of march. the ld. chancellor , at the request of the committee , stays further process against grantham . mr. hall frankly remits his wages to the burrough of grantham . ex journ . dom. com. judgment . the like president an. car. . vid. journ . dom. com. journ . dom. proc. & com. the bishop of bristol's case . ex journ . dom. proc. & com. jac. the case of dr. cowell . men despise and reproach those things whereof they are ignorant . it is a desperate and dangerous matter for civilians and canonists , ( i speak what i know , and not without just cause ) to write either of our common laws of england , which they profess not , or against them , which they know not . but their pages are so full of palpable errors , and gross mistakings as these new authors are out of our charity , and their books out of our judgment , cast away unanswered . coke lib. . lectori . blackwood's case . jour . dom. com. nota. e contra vide the ancient rights of the commons of england asserted , or a discourse , proving by records and the best historians , that the commons of england were ever an essential part of parliament . the power of kings , in particular of the kings of england , learnedly asserted by sir robert filmer kt. fol. . printed an. dom. . king james's first speech to his first parliament in england . pulton's stat. jac. cap. . fol. . king charles the i. declaration to all his loving subjects , published with the advice of his privy councel . exact collections of declarations , pag. , . journ . dom. com. dr. manwaring's case . juratores praesentant quod richardus empson nuper de london miles nuper consiliarius excellentissimi principis henrici nuper regis angl. . die maii anno regni dicti nuper regis . & diversis vicibus antea & postea apud london in parochia sanctae brigettae in warda de farrington extra , deum prae oculis non habens , sed ut filius diabolicus subtiliter imaginans honorem , dignitatem , & prosperitatem dicti nuper regis , ac prosperitatem regni sui angliae minime valere , sed ut ipse magis singulares favores dicti nuper regis adhiberet , unde magnat . fieri potuisset , ac totum regnum angliae , secundum ejus voluntatem gubernaret falso deceptivè & proditoriè legem angliae , subvertens diversos ligeos ipsius nuper regis , ex sua falsa covina , & subtili ingenio , contra communem legem regni angliae . anderson's . rep. fol. . vide rushworth ' s collections , fo . judgment against the doctor . journ . dom. procerum . the doctor 's submission . ex agupeto diacono . assentatores à regibus tanquam pestis vitandi . nam non utilia consulunt , sed quae placent . . sic diogenes rogatus quaenam bellua perniciosissime morderet ex feris inquitobtrectator ex cicuribus vero adulator . the lords order the bishop of london to suspend the doctor . journ . dom. proc. die sabbathi , die april . car. april . . april . april . journ . dom. com. car. . dr. mountague's case . * the dr. writ and published several tenents , tending to arminianism and popery . * lord brook ( friend to sir phillip sidney ) in his alaham. had done a contempt to the commons and distrubed the nation , car. voted . car. resolved by that parliament that he had sowen sedition , and endeavoured to reconcile us to rome . articles against mountague . campanella de monar . hispan . notes for div a -e jour . dom. com. anno. eliz. dr. parry's case . journ . dom. com. jac. sir giles mompesson's case . journ . dom. proc. jac. the lords judgment againw him . * journ . dom. com. jac. sir john bennet ' s case . illos extollimus , qui fraudibus ac dolis divites facti sunt , eos patres legum , justitiae fontes , sapientiaeque thesauros appellantes , o inconcussa dei justitia , quamdiu haec pateris ? ab horum igitur scholis , in quibus non sat scio an de veritatis inventione , an potius de lucri spe major sit disceptatio , prodeunt judices , praesides , atque ministri , manibus tenacibus , oculis impudicis , effrenata libidine , lapideis cordibus , ficta gravitate , lingua melliflua , sed dentibus virulentis , & breviter auri insatiabili fame . cardan , libro de utilitate ex adversis capienda . cap. de temporum & magistratuum pravitate , p. . journ . dom. com. jac. sir robert floid's case . turned out for being a monopolist . journ . dom. com. car. . mr. john barbour's case . the order of the commons against barbour . notes for div a -e journ . dom. com. e. . criketost's case . journ dom. com. jac. complaint that a yeoman of the guard who kept the door of the lobby of the upper house , against several of the members of the house of commons . marti . tash brought to the bar , submits , and is pardoned , paying fees. journ . dom. com. . jac. sir francis mitchell's case . committed to the tower. carried on foot through london-streets . after impeached by the commons before the lords . journ . dom. proc. jac. the lords send to the commons . that they are ready to give judgment against mitchell , if they would come and demand it . the commons by their speaker demand judgment against sir francis mitchell . the lord chief justice pronounceth the judgment . the judgment of the lords against sir francis mitchell . there was a clause in patents of monopolies , whereby power was given to imprison , and hundreds were committed by colour thereof to finsbury gaol , and the fleet. journ . dom. proc. jac. fowles , geldard and others committed . journ . dom. com. jac. dr. harris's case . to recant in the pulpit . journ . dom. com. car. . mr. burgesse , a minister , his case . journ . dom. com. the case of sir william wray , m. langton , mr. john trelawnie , and mr. edward trelawnie . the judgment of the commons . the commons house of parliament adjudge them . to make submission in the countrey at the assizes . journ . dom. com. . car. . levet , for executing a patent in time of prorogation , which was adjudged a grievance by the house in the last session , ordered to be sent for by the serjeant at arms. journ , dom. com. . car. . the parliament prorogued . journ . dom. com. car. . the officers of the custom-house . journ . dom. com. car. . the case of acton , sheriff of london , for contempt in prevaricating in his testimony . ordered to be sent for . tuesd. feb. appears , and called to the bar. his crime with others aggravated . sentenced to the tower. journ . dom. com. car. jan. the case of lewis . notes for div a -e journ . dom. com. jac. the case of the mayor of winchelsey . judgment against the mayor . journ . dom. com. jac. the case of the mayor of arundel for misdemeanour . judgment . to pay the charge , to be set down by members . jou●n dom. com jac. the case of ingry the under sheriff of cambridgeshire judgment . to make a submission at the sessions . journ . dom. com. & car. . tuesd. apr. . the case of the sheriffs of york , and others touching the election of sir thomas savile . nota. nota. nota. sir robert philips . the sheriff to pay the charges of the witnesses , to be set down by four witnesses . committment of davenport to the tower , for misinforming the house of commons , as a witness . anno primo regis jacobi , num. . penes joh. brown , ar. cler. parliamentor . nota. anno car. . pult. stat. fol. . e. . no tallage or aid to be laid or levied without authority of parliament . e. . . r. . . r. . . h. . . e. . . e. . . e . . e. . . r. . . quartering souldiers against law. e. . . h. . . e. . ● . e. . ● . nota. martial law in time of peace , against the laws and statutes of england nota. nota. here the good king condemns the law and doctrine of dr. cowell , blackwood , manwaring , fulbeck , sibthorpe , alablaster , filmer , and their transcribers and disciples . notes for div a -e journ . dom. com. parl. jac. mercurii maii , a. d. a bill is delivered to the speaker going to the house , purporting a declaration of treason by a magistrate of the land , who gives an account of it to the house . who forbear to read it at that time . the king sends for the bill . the house expected an accompt thereof from mr. speaker , and after demands it . questions handled thereupon . to cease with a caution & care of the priviledge of the house . to be registred as the judgment of the house , that no speaker should deliver a bill , whereof the house was possessed without leave . the speakers excuse . motions by several members . no bill of which the house is possessed , to be delivered without notice and leave of the house . jur. dom. com. die venris . february , jac. a. d. . a message from the king. the union of england and scotland . that the writ called them to consul . de arduis regi . their attendance a great duty . departure a greater contempt than a noblemans . adviseth no lawyer or other of note to depart . would assist the house for their stay or recalling . motions and debates upon the message . mr. speaker's motions . others move . questions made . question . question . question . resolves . order . veneris . february . the union of england and scotland . die martis . martii . mr. hide departs without license and is sent for . resolved that other letters be writ to other members who were lawyers . the form of the letter . jurn . dom. com. . jac. vereris . maii. order that a committee . take into consideration misinformations given to the king , concerning the proceedings of the house of commons . jour . par. dom. com. . . jac. . martii . the case of dr. lamley , chancellor to the bishop of peterburrough , and dr. cradock a divine , chancellor to the bishop of durham . dr. lamely accused for extortion and other misdemeanours . dr. cradock accused for briberies and other misdemeanours . kelway , fo. . rastall's stat. h. . c. . journ . dom. com. jac. sabbathi die junii . confirmation of the order concerning all patents adjudged grievances ▪ journ . dom. com. lunae martii . concerning all patents adjudged grievance . journ . dom. com. sabbathi martii . order pro churchill . march . sr. robert phillip's reports from the committee appointed to examine keeling and churchill , who informed them of many corruptions against the lord chancellor . april . a committee for regulating the chancery , and to consider of churchill's false orders , and the faults of the rest of the registers . sir dudley diggs saith , that churchill was register , councellor and judge , referred to the committee . anno jac. a copy of the petition remaining with william goulds borough , esq clerk of the house of commons . the complaint of the mayor , bayliffs , and burgesses of northampton , against dr. lamb , chancellor to the bishop of peterborough . nota est cyclopum vivendi ratio , quibus illa crudelis vox in tragoedia attribuitur non ulla numina expavesco coelitum , sed victimas , uni deorum maximo ventri offero , deos ignoro caeteros . in praef. ad covarru . opera . nota. dr. sibthorp . the speaker's order upon the petition . lamb , doctor in the civil law. journ . dom. com. jac. martii . the case of mr. steward , a scotchman , elected to be a member of parliament , but rejected , because a denizen . veneris maii. journ . dom. com. , jac regis , veneris aprilis . the case of the lady darcy , against the bishop of lincoln , lord keeper of the great seal of england . the lady and another were grantees of an heir by the court of wards then presented a clerk to the bishop of lincoln , but refused , who presented another . the lady sues for a writ of quare impedit . the cursitor denies it by order of the bishop being lord keeper . whereupon she complains to the commons , who refer it to a committee . debates in the committee . proposals by d. grant , whom the bishop and lord keeper had presented . the lord keeper's answer and excuse . the lady will stand and fall by judgement of the house . considerations in the committee . who delivered no opinion , leaving all to the house . debates in the house by several members thereof . nota. the debate goes off . journ . dom. com. & . jac. regis , veneris maii , . the case of the bishop of norwich , impeached by the commons . the first head of his charge ▪ the second head . * vide rot. parl. e. . n. , vide pult. stat. e. . fo . . fox vol. . f. ▪ rot par. e. n. . . the stat. of provisors , e. . rast. f. rot. par. e. rot. par. e. n. . rot. parl. . r. . n. . rast. stat. . r. . cap. . item , the king at the prayers of the commons , shewing to him by petition , how that priests become very scant after the pestilence , to the great grievance and oppression of the people , hath spoken to the archbishop of canterbury , and the other bishops , being in the arliament , to set thereupon a covenable remedy ; which archbishops and bishops , at the motion of the king , and of the great men , said in the same parliament , that they have thereupon ordained in certain ; that is to say , that the pain of parish-priests , by any manner of colour , receiving above marks , and other yearly singing , and not intending the cure of sauls , taking above marks , without the bishop's dispensation , and suspension of their office , if they within the month make not restitution , to the use of the church in which they sing , of that that they have above received . and the pain of people of holy church , giving above marks or marks to parish-priests , or other yearly singing , as afore is said , is to pay the double of that that they do excessively pay , to be converted to the use of alms , at the arbitrement of the diocesan of the place ; and all manner of priests , intending their proper service , as yearly singing , shall serve the parishes , and be attending to the cure of souls , as he by the ordinaries of the place , or by them to whom he attaineth , shall be required , upon pain of suspension of their office , which they shall incur upon the deed , if they within the days after that they shall be required , be not obedient to such requests . and that no priest , passing from one diocess to another , shall be received there to sing divine service , unless he shew to the diocesan of the place , letters commendatory , of the bishop in whose diocess he last before dwelled . wherefore the king , by the assent of the great men and commons , hath ordained , that if any secular man of the realm , pay any more than five marks to any priest yearly in money , or in other things to the value ; or if he pay to such priest , retained to abide at his table , above marks , for his gown , and his other necessaries , ( his table accounted to s. ) and thereof be attained , he shall pay to the king fully as much as he paid to the said priest. rast. stat. de anno e. . fol. . cap. . the d. head . the th . head . die sabbathi , viz. die maii , . jour . dom. proc. message from the lower house , by sir coke , and others die mercurii , maii. the lords appoint a day for conference with the commons . the archbishop of canterbury reports the heads of the conference . authorities for the power and right of the commons to meddle in this cause . their charge against the bishop under six heads . preachers . images . prayer towards the east . catechizing , and singing psalms . nota. extortion . institutions not entred . the st . head concerning preachers . the d head touching images . the d. head concerning prayer towards the east . the th head touching catechizing and singing psalms . the th . head touching extortion . the th . head touching non-registring of institutions . the conclusion of the commons . the bishop stood up and answered the charge of the commons . his introduction . his lordships answer to the first head , preachers . his answer to the second head , images . his answer to third head , prayer towards the east . his answer to the th . head , catechizing , and singing psalms . his answer to the th . head , extortion . his answer to the th . head , non-registring institutions . the conclusion of his answer . the lords for want of time refer the commons complaint to the high-commission court to examine . and after report to the house . which will then judge thereof . journ . dom. proc. & car. . mart. the proceedings of the lords against the bishop of lincoln , late lord keeper , for refusing to obey their order . sir ch. caesar and sir robert rich report the examination of kellwood . the lords order that the bishop shall answer under his hand . the bishop sends his answer . the bishop's answer referred to a committee . martii . the committee report . and give their opinion , that the bishop ought to acknowledge his error and offence , to be forry , and ask pardon . and so ordered by the house . die jovis , martii . the bishop pursuant to all which obeys . nota. his contempt in a former parliament censured in this . journ . dom. proc. car. . die martis , maii. the case of ensign reynde , for misdemeanour , and contempt against the parliament and the ld. say die veneris , maii , the serjeant at arms ordered to take him . die martis , junii . witnesses sworn against reynde . who prove the insolent and opprobrious speeches spoken by reynde . reynde hides his head. the duke of buckingham promises he will cause him to be sent for . die mercurii junii . the captain affirmed he had not seen reynde . is commanded to bring him to the house when he finds him . or inform the house . die lunae , junii . the lords proceed to censure reynde . but the duke inform'd the house he was found . journ . dom. proc. die mercurii , junii . the duke excuseth himself , because reynde shifts his lodging . die jovis , junii , . the lords give sentence against reynde . the sentence . never to bear arms. imprisonment during pleasure . to stand under the pillory in cheap-side and at banbury . fined l. to ask pardon here , and at banbury . the lord keeper to move the king for a proclamation to apprehend him . the secretary to write into the law countreys , not to entertain reyn●e . the court of star-chamber to see the sentence executed out of time of parliament . die sabbathi , junii . journ . dom. proc. & car. . jun. the case of george gardiner , for counterfeiting protections . journ . dom. com. ca● . friday , may. the case of sir william welby a deputy lieutenant , for raising money , and illegal commitments . his warrant . and commitment . sent for by the serjeant . his answer at the bar. to attend the committee and house . journ . dom. com. car. wednesday , may. the case of the mayor of chichester . notes for div a -e vide the ancient rights of the commons of england asserted , &c. p. . inter communia e. . penes rememeratorem domini regis in scaccario recerda war. de priore de coventry at● tach . pro transgressione . ibid. rot. pat. h. . m. dorso . rast. stat. so . . rot. pat. . h. . m. . rot. pat. . h. . m. . dor . forma pacis inter regem & barones . rot. pat. , h. . m . intus n. . rot. claus. . h. m. . dor . in schedula rot. pat. h . m. . pro pace inter regem & com gloucester * richard earl of cornwal . ibid. rot. pat. . h. . rot. wal. e. . m. . n. . dorso . rot. claus. h. . m. dor . rex , &c. sciatis quod de - communi consilio regni nostri provisum est quod erimus apud novum castrum super tinam cum equis & armis die sancti petri advincula pro quibusdam transgressionibus quas rex scotiae nobis fecit emendas super eum conquerendas nisi &c. rot. claus. . e. . m . . dor . rot. claus. . e. . m. . d. de parliamento tenendo , the french king having invaded vascony by fraud and wickedness the k. in his summons to parliament , saith , quod omnes tangit ab omnibus approbetur sic & inuit evidenter ut communibus periculis per remedia provisa communiter obvietur , for praevisa jacula minus ledant . plita parliamentaria p. , . inter memorand a parliamenta , e. . m. . rot. claus. . e. . m. . dor . rot. claus. . e. . m. . cor . rot. par. . e. . pars . . m. . rot. parl. . e. . pars . n. . rot. parl. . e. . n. , nota. rot. parl. . e . n. . vide rast. stat. fo . . rot. parl. . e. . n. . rot. parl. . e. . n. . rot. claus. r. . n. . . ex rot parl. tenti apud glouc. die octobris anno regni regis h. . post conquestum . m. . n. . indempnitie des seigneurs & communes . rot. parl. . h. . pars . rot. parl. h. . n. . la confirmation des alliances perentre le roy & le roy des romains prisez & accordez rot. parl. . h. . pars . n. . approbatio pacis inter regem angliae & franciae nuper conclusae . rot. parl. . h. . n. . de potestate tractand de pace cum dolphino , &c. rot. parl. . h. . n. . rot. parl. h. . n. . rot. parl. . h. . n . an act concerning the peace between the king of england and the king of france jur. dom. proc anno . h. . die parliamenti . lord herbert's hist. of h. . to . . nota. rast. stat. . h. . cap. . nota. nota l. herbert , fo . . vide the antient rights of the comm. of england asserted , p. . rot parl. . e. . n. , . rot. parl. . es . n. . inter capita foederis arctioris amicitiae inter potentissimos principes elizabetham angliae reginam , & jacobum ejus nominis sextum scotorum regem , julii . ex ms. penes meipsum . ex cronico ab anno . e. . ad an num . . e. . ms. mihi ostens . per tho. turner armig. nuper defunct . anno domini , . aunoque regni regis e. . . certe scimus quam plurimos corum qui judiciis sub e. . prae fuere viros quidem maximos & aevo in illo jurisconsultos celeberimos repetundarum & quod lites suas fecerant aliosque preter ministros forenses aliquot merito damnatos multis exitio ac carcere punitos esse seldeni ad fletam dissertatio p. . vide fleta cap. . p. , . authoritas & officium ordinarii concilii regis . vide mat. wect. an. . p. . l. . anno vero . ( e. ) deprehensis omnibus angliae justiciariis de repetundis ( preter jo. de metingham & eliam de beckinghom quos honoris ergo nominatos volui ) judicio parliamenti vindicatum est in alios atque alios carcere , exilio & fortunarum omnium dispendio ; in singulos mulcta gravissima & amissione officii , spelm. gloss. part . fo . , pro rege angl. de diversis concessionibus ei per regem scotiae factis , anno e. . m. . rot. scotiae . the parliament of scotland . nota. these agreements ratifyed by the parliam . of eugland . rot. parl. . r. . n. pronuociatio parliamen . nota. nota. nota nota. nota. anno e. . a truce between england and france . ex rot e. in turri london . the kings , lords , and commons , reprehend the ambassadors . de treuga per regem angliae illis de franc. concessa . rot. pat. . f. . pars . m. . nota. nota. rot. de anno e. . in tur. london . the query . nobilitas est duplex , superior & inferior . co. . inst. fo . nobiles minores sunt equites sive milites , & qui vulgo generosi & gentlemen dicuntur . camden brit. f. . an. car. . cap. . pultons stat. rex angliae neque per se aut ministros suos subsidia aut alia quaevis onera imponit ligeis suis sine assensu totius regni sui in parliamento suo expresso . fortescue de laudibus legum angliae , cap. . pag. . philip de commines , lib. . cap. . ( of the cabal , or most secret councels to two french kings , and a man living about a century and half ago ) tells us , nul roy ne seigneur sur terre ait pouvoir de mettre un denier sur les subjets sans ottroie & consentement de ceux qui doivent payer sinon par tyranne ou violence . no king or potentate upon earth ( saith he ) ▪ hath power to levy one penny upon the poor subject without consent and permission , unless by down-right tyranny and rapine . nota. john bodin in his book de republica , l. . cap. . de jure magistratus , fol. . a famous lawyer and statesman of the french nation , who after he had informed his reader , that the english are not chargeable by their princes with impositions , but by consent of their three estates , presently adds , ego vero caeteris regibus non plus in eo genere quam regibus anglorum licere puto , cum nemo sit tam improbus tyrannus , qui aliena bona deripere sibi fase esse putet . for my part ( saith he ) it is my judgment , that no other prince whatsoever , may lawfully do any more in this kind than the kings of england may , seeing there can be no tyrant so wicked or impudent as to think , he may justly take away another mans goods from him , without his free leave and good will. reasons assigned by william prynne, &c. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reasons assigned by william prynne, &c. prynne, william, - . [i.e. ] p. s.n., [london : ] caption title. place and date of publication from wing. errata: p. [i.e. ]. reproduction of original in union theological seminary library, new york. marginal notes. eng england and wales. -- parliament -- history. taxation -- great britain -- history. a r (wing p ). civilwar no reasons assigned by william prynne, &c. prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion reasons assigned by william prynne , &c. being on the of this instant june informed by the assessors of the parish of swainswicke , that i was assessed at l. s. for three months contribution , by vertue of a ( pretended ) , act of the commons assembled in parliament , bearing date the of april last , assessing the kingdom at ninty thousand-pounds monthly , beginning from the of march last , and continuing for six months next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof l. s. d. ob . is monthly imposed on the county , and l. s. d. on the small poor parish where i live ; and being since on the of june required to pay in l. s. for my proportion : i returned the collector this answer , that i could neither in conscience , law , nor prudence in the least measure submit to the voluntary payment of this illegall tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick liberty ) amounting to six times more then ship-money , ( the times considered ) or any other illegall tax of the late beheaded king , so much declaimed against in our three last parliaments by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legall they had none ) then voluntarily pay , or not oppose it in my place and calling to the uttermost , upon the same , if not better reasons as i oppugned a ship-money , knighthood , and other unlawfull impositions of the late king and his councel heretofore . and that they and all the world might bear witnesse , i did it not from meer obstinacy or fullennesse ; but out of solid reall grounds of conscience , law , prudence , and publick affection to the weal and liberty of my native country ( now in danger of being enslaved under a new vassalage , more grievous then the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my refusal in writing , and to publish them so soon as possible to the kingdom , for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kinde of contribution . in pursuance whereof , i immediately penned these ensuing reasons ; which i humbly submit to the impartiall censure of all conscientious and judicious englishmen ; desiring either their ingenuous refutation , if erronious ; or candid approbation , if substantiall and irrefragable , as my conscience and judgment perswade me they are , and that they will appear so to all impartiall persons , after full examination . first , by the fundamental laws , and known statutes of this realme , no tax , tallage , ayd , imposition , contribution , loan or assessment whatsoever may or ought to be imposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes &c. not so imposed , levyed ( though for the common defence and profit of the realm ) being unjust , oppressive , inconsistent with the liberty and propertie of the subject , laws and statutes of the realm ; as is undeniably evident by the expresse statutes of magna charta , cap. . . . e. . c. , . . e. . de tallagio non concedendo c. . . e. . rot. parl. n. . . e. . c. . . e. . rot. parl. n. . . e. . rot. parl. n. . . h. . rot. parl. n. . . r. . c. . the petition of right , and resolutions of both houses against loans , . caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , . & caroli . and fully agreed and demonstrated by mr. william hackwell in his argument against impositions ; judge hutton and judge crook in their arguments , and mr. st. john in his argument and speech against ship-money , with other arguments and discourses of that subject : sir edward cook in his instit. ( published by order of the commons house ) pag. . . &c. . . . . , &c. with sundry other records and law-books cited by these great rabbies of the law , and patriots of the peoples liberties . but the present tax of ninety thousand pounds a month , now exacted of me , was not thus imposed . therefore it ought not to be demanded of , nor levied on me ; and i ought in conscience , law , and prudence to withstand it as unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm . to make good the assumption , which is onely questionable . first , this tax was not imposed in , but out of any parliament , the late parliament being actually dissolved above two months before this pretended act of these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of h. . rot. parl. n. . by the parliament of . h. . and . h. . rot. parliam . n. . cook institutes p. . and . e. . . b. for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks . instit. p. . resolve ) which was summoned and constituted only by his writ now b actually abated by his death : and the parliament ( as is evident by the clauses of the severall writs of summons to c the lords , and for the election of knights and burgesses , and levying of their wages ) being onely parliamentum nostrum , the kings parliament that is dead , not his heirs and successors ; and the lords and commons being all summoned and authorized by it to come to his parliament , there to be present , and conferre with him ( nobiscum , not his heirs and successors ) of the weighty and urgent affairs that concerned ( nos ) him and his kingdome of england ; and the knights and burgesses receiving their wages for , nuper ad nos ad parliamentvm nostrvm veniendo , &c. quod sommoneri fecimvs , ad tractandum ibidem super diversis & arduis negotiis nos & statum regni nostri tangentibus , as the tenor of the d writs for their wages determines . the king being dead , and his writ and authority by which they were summoned , with the ends for which they were called ( to confer with him , about his , and his kingdoms affairs &c. being thereby absolutely determined , without any hopes of revivall ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have disinherited his heirs and successors , and voted down our monarchy it self ) and these with all other members of parliament , cease to be any longer members of it , being made such onely by the king 's abated writ ; even as all judges , justices of peace , and sheriffs made onely by the kings writ or commission , not by letters patents , cease to be judges , justices and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros ad pacem nostram &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be his judges , justices and sheriffs no longer to preserve his peace , &c. ( no more then a wife can be her deceased husbands wife , and bound to his obedience , from which she was losed by his death , rom. . . . ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our e law-books and judges have frequently resolved upon this very reason , which equally extends to members of parliament , as to judges , justices and sheriffs , as is agreed in e. . . . and brooke , office and officer , . therefore this tax being cleerly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses or members of parliament , but onely private men , their parliamentary authority expiring with the king , it must needs be illegall , and contrary to all the fore-cited statutes ; as by the convocations and clergies tax and benevolence granted after the parliament dissolved in the yeer , was resolved to be by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it . . admit the late parliament stil in being , yet the house of peers , earles and barons of the realm were no ways privy nor concentivg to this tax , imposed without , yea against their consents in direct affront of their most ancient undubitable parliamentary right and priviledges , ( these tax-masters having presumed to vote down and nul their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , intituled by them , an act of the commons assembled in parliament : whereas the house of commons alone , though full and free , have no more lawful authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , then the man in the moon , or the convocation anno . after the parliament dissolved ( as is evident by the express words of the forecited acts , the petition of right it self ; acts , for the trienniall parliament ; and against the proroging or dissolving this parliament , . caroli : with all our printed statutes , f parliament rolls , and g law-books : ) they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constituting members of our h ancient parliaments ( which consisted of the king and spiritual and temporal lords , without any knights , citizens , or burgesses as all our histories and records attest ) til h. . at soonest ; they having not so much as a speaker or commons house til after the beginning of king edward the third his reign , as never presuming to make or tender any bils or acts to the king or lords , but petitions only for them to redress their grievances and enact new laws , til long after rich. the seconds raign , as our parliament rolls , and the printed prologues to the statutes of . . . . . . . . . and . ed. . . rich. . . . . . . . . . hen. . . . . . . . hen. . . . . . . . . . . . . . . . . hen. . . . . . . . . ed. . and . rich. . evidence ( which run all in this form . at the parliament holden &c. by the advice and as sent of the lords spiritual and temporal and at the special instance and request of the commons of the realm , ( by their petitions put ín the said parliament , as some prologues have it . ) our lord the king hath caused to be ordained , or ordained certain statutes &c. ) where the advising and assenting to lawes is appropriated to the lords ; the ordaining of them to the king ; and nothing but the requesting of , and petitioning for them both from king and lords to the commons , in whom the legislative power principally if not solely resided ; as is manifest by the printed prologue to the statute of merton . . hen. . the statute of morteman . . ed. . . ed. . de aspertatis religiosorum . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegal , and no ways obligatory to the subjects . . admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying it without king or lords ; ( which they never did nor pretended to in any age ) yet this act and tax can be no ways obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed swayed , over-awed by the chief officers of the army , who have presumed by meer force and armed power , against law and without president , to seclude the major part of the house , ( at least parts of ) who by law and custome are the house it self , from sitting or voting with them , contrary to the freedom and priviledges of parliament ; readmitting none but upon their own termes . an usurpation not to be paralleld in any age , destructive to the very being of parliaments ; i where all members ex debito justiciae , should with have equal freedom meet and speak their mindes : injurious to all those counties , cities , boroughs , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea contrary to all rules of reason , justice , policy , conscience , and their own agreement of the people , which inhibit the far lesser part of any councel , court , or committee , to over-sway , seclude or forejudge the major number of their assessors and fellow members , over whom they can no wayes pretend the least jurisdiction , it being the high way to usher tyranny and confusion into all councels and realms to their utter dissolution , since the king alone without lords and commons , or the lords alone without king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact lawes without the commons , or any other forty or fifty commoners meeting together without their companions do the like , as wel as this remnant of the commons make themselves a compleat parliament without king , lords , or their fellow members , if they can but now or hereafter raise an army to back them in it , as the army doth those now sitting . . suppose this tax should bind these counties , cities , and buroughs , whose knights , citizens , and burgesses sat and consented to it when imposed , ( though i dare sware imposed against the mindes and wills of all or most of those they represent ; ( who by the k armies new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of e. . rot . parl. n. . did all refuse to grant a great extraordinary subsidie then demanded of them ( though not comparable to this ) for the necessary defence of the kingdom against forraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law , or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities , or burroughs , whose knights , citizens , and burgesses have been secluded or scared thence by the armies violence , or setting members illegall votes for their seclusion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the only l reason in law or equity , why taxes or acts of parliament oblige any member , county , burrough , or subject is , because they are parties and consenting thereunto either in proper person ; or by their chosen representatives in parliament ; it being a received maxime in all laws , quod tangit omnes , ab omnibus debet approbari . upon which reason it is judged in our m law-books , that by-laws oblige only those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( which comes fully to the present case ) in h. . . h. . . brooke ancient demesne . & parl. . . it is resolved , that ancient demesne is a good plea in a writ of waste upon the statutes of waste , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament . hath this observable note . it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of wast , and yet ancient demesne is not excepted : and it is enacted , . ed. . c. . that fines with proclamation shall be in chester , for that the former statutes did not extend to it : and it is enacted , that a fine and proclamation shall be in lancaster . . & . e. . c. . and a proclamation upon it a exigent is given by the statute in chester and wales , . e. . c. . and by another act to lancaster , . & . e. . c. . and the statute of justices of peace extended not to wales and the county palatine ; and therefore an act was made for wales and chester , . h. . c. . who had knights and burgesses appointed by that parliament for that and future parliaments by act of parliament , . h. . cap. . since which they have continued , their wages being to be levyed by the statute of . h. . c. . now , if acts of parliament bound not wales and county palatines , which had anciently no knights nor burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this leavie , tax , and illegall act to binde those knights , citizens and burgesses , or those counties , cities and burroughs they represented , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , or connivance at least , of those now sitting , who imposed this tax , and passed this strange act ; especially , being for the support and continuance of those officers , and that army who trayterously seised and secluded them from the house , and yet detain some of them prisoners , against all law and justice . the rather , because they are the far major part ( above six times as many as those that sate and shut them out ) and would no wayes have consented to this illegall tax , or undue manner of imposing it , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisoned and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to this tax or act , one or both of them being forced thence by the army , i conceive neither my self , nor the county where i live , nor the burrough for which i served , in the least measure bound by this act or tax , but cleerly exempted from them , and obliged with all my might and power effectually to oppose them . if any here object , that by the custome of parliament members onely are sufficient to make a commons house of parliament , and there were at least so many present when this tax was imposed : therefore it is valid and obligatory both to the secluded absent members , and the kingdom . i answer , first , that though regularly it be true , that forty members are sufficient to make a commons house to begin prayers , and businesses of lesser moment in the beginning of the day , till the other members come , and the house be full ; yet forty were never in any parliament reputed a competent number to grant subsidies , passe , or record bils , or debate or conclude matters of greatest moment ; which by the constant rules and usage of parliament , were never debated , concluded , passed , but in a free and full house , when all or most of the members were present , as the parliament rolls , journals , modus tenendi parliamentum , sir edward cooks . institutes , p. . . . . . cromptons jurisdiction of courts , f. . &c : . e. . . brook parliament . . . jacobi , c. . and the records i have cited to this purpose in my levellers levelled , my plea for the lords , and memento , p. . abundantly prove beyond contradiction ; for which cause the members ought to be fined , and lose their wages , if absent without special licence , as modus tenendi parliamentum , as . r. . parl. . c. . . h. . c. . and a collection of all orders , &c. of the late parliament , pa. . . with their frequent summoning and fining absent members , evidence . secondly , though forty members onely may peradventure make an house in cases of absolute necessity , when the rest through sicknesse , and publick or private occasions , are volutarily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members never yet made a commons house by custome of parliament ( there being never yet any such case till now ) when the rest ( being above four hundred ) were forcibly secluded , or driven thence by an army , through the practice or connivance of those forty sitting , of purpose that they should not over nor counter-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a law , custom , or president of parliament ( not to be found in any age ) all they pretend is nothing to purpose , or the present case . thirdly , neither forty members , nor a whole house of commons were ever enough in any age , by the custom of parliament or law , of england , to impose a tax , or make any act of parliament , without the king and lords , us i have n already proved ; much lesse after they ceased to be members by the parliaments dissolution through the kings beheading : neither were they ever invested with any legall power to seclude or expell any of their fellow-members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or differing in their consciences and judgments from them ; nor for any other cause , without the kings and lords concurrence ( in whom the ordinary judicial power of the parliament resides ) as i have undenyably proved by presidents and reasons in my plea for the lords , p. . to . and ardua regni , which is further evident by claus. dors. . r. . m. . and mr. seldens titles of honour , p. . baronet camoyes case , discharged from being knight of the shire by the kings writ and judgment , because a peer of the realm ; the practice of sequestring and expelling commons by their fellow-commons onely , being a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructive to the priviledges and freedom of parliaments , and injurious to those counties , cities , burroughs , whose trustees are secluded ; the house of commons it self being no court of justice to give either an oath or finall sentence , and having no more authority to dismember their fellow-members , then any judges , justices of peace , or committees have to dis-judge , dis-justice , or dis-committee their fellow judges , justices and committee-men , being all of equall authority , and made members onely by the kings writ and peoples election , not by the houses , or other members votes ; who yet now presume both to make and unmake , seclude and recall , expell and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle in stead of an english parliament . therefore this objection no ways invalids this first reason ; why i neither can nor dare submit to this illegall tax in conscience , law , or prudence , which engage me to oppose it in all these respects . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted voyd ; others of them elected by new illegall writs under a new kind of seal , since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common law and custome of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case . claus. dors. . r. . m. . and asserted by master selden in his titles of honour : part . . cha. . p. . seconded by sir edward cook in his . institutes . p. . , , , , . ) as i should admit these lawfull members , so i should therby tacitly admit , & ex post facto assent to some particulars , against my knowledg , judgment , conscience ▪ oaths of supremacy , allegiance , protestation , and solemn league and covenant , taken in the presence of gyd himselfe , with a sincere heart and reall intention to perform● the same , and persevere therein all the dayes of my life , without suffering my selfe directly or indirectly , by whatsoever combination , perswasion or terrour to be withdrawne therefrom . as first , that there may be and now is a lawfull parliament of england actually in being and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords or most of their fellow commons : which the very consciences and judgments of all now sitting , that know any thing of parliaments , and the whole kingdome if they durst speak their knowledg , know and beleeve to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted and packed by power of an army combining with them ) hath a just and lawfull authority to violate the priviledges , rights , freedoms , customes , and alter the constitution of our parliaments themselves ; imprison seclude , expell most of their fellow members for voting according to their consciences ; to repeal all votes , ordinances and acts of parliament they please , erect new arbitrary courts of war and justice to arraign , condemn , execute the king himself , with the peers and commons of this realm by a new kind of martiall law , contrary to magna charta , the petition of right , and law of the land ▪ disinherit the kings posterity of the crowne , extirpate monarchy and the whole house of peers , change and subvert the ancient government , seals , laws , writs , legall proceedings courts , and coyne of the the kingdome ; sell and dispose of all the lands , revenues , jewels , goods of the crowne , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their very oath of allegiance , notwithstanding this express clause in it ( which i desire may be seriously and conscienciously considered by all who have sworne it ) i do ●eleive and in conscience am resolved , that neither the pope , nor any person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary : dispense with our protestations , solemn league and covenant , so lately zealously u●ged and injoyned by both houses on members , officers , ministers , and all sorts of people throughout the realme : dispose of the forts , ships , forces , officers and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they please from their offices , trusts , pensions , callings , at their pleasures without any legall cause or tryall : to make what new acts , lawes , and reverse what old ones they think meet , to insnare inthrall our consciences , estates , liberties , lives : to create new monstrous treasons never heard of in the world before ; and declare reall treasons against king , kingdome , parliament , to be no treasons , and loyalty , allegiance , due obedience to our knowne lawes , and consciencious observing of our oaths and covenant ( the breach whereof would render us actuall traytors and pernicious persons ) to be no lesse then high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons and lives to the gallowes , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. . . e. . c. . . edw. . cap. . . ed. . c. . . e. c. . . e. . cap. . . ed. . cap. . . r. . c. . . h. c. . . h. . rot. par. . n. . . e. . c. . m. c. . the petition of right , caroli , and laying all our laws , liberties , estates , lives in the very dust after so many bloody and costly years wars to defend them against the kings invasions ) rayse and keep up what force they will by sea and land , to impose what heavy taxes they please , and renew , increase , multiply and perpetuate them on us as long as they please to support their own encroached more then regall , parliamentall , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publique charge , against our wills , judgments , consciences , to our absolute enslaving , and our three kingdoms ruine , by engaging them one against another in new civill wars , and exposing us for a prey to our forraign enemies . all which with other particulars lately acted and avowed by the imposers of this tax , by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledge to be just and legall by my voluntary payment of it , of purpose to maintaine an army to justify and make good all this , by the meer power of the sword , which they can no wayes justify and defend by the laws of god or the realm , before any tribunall of god or men when legally arraigned as they shall one day be . neither of which i can or dare acknowledge without incurring the guilt of most detestable perjury , and highest treason , against , king kingdom , parliament , laws and liberties of the people : and therefore cannot yeeld to this assessement . thirdly . the principall ends and uses proposed in the pretended act and warrants thereupon for payment of this tax are strong obligations to me , in point of conscience , law , prudence , to withstand it ; which i shall particularly discusse . the first is , the maintenance and continuance of the present army and forces in england under the lord fairfax . to which i say , first , as i shall with all readinesse , gratitude and due respect acknowledg their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutiful and constant to their first engagements and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their monstrous defections and dangerous apostacy from their primitive obedience , faithfulnesse and engagements in disobeying the commands and levying open warre against both houses of parliament , keeping an horrid force upon them at their very doors , seising , imprisoning , secluding , abusing and forcing away their members , printing and publishing many high and treasonable declarations against the institution , priviledges , members and proceedings of the late , and being of all future parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and disinheriting his posterity , usurping the regal , parliamental , magistratical and ecclesiastical power of the kingdom to their generall councel of officers of the army , as the supreme swaying authority of the kingdom , and attempting to alter and subvert the ancient government , parliaments , laws and customs of our realm : and upon serious consideration of the ordinary unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times . that the whole kingdom , with all our lands , houses , goods , and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdome : that our very lives are at their mercy and courtesie . that when they have gotten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will selfe upon our lands as their own , and turn us and our families out of doors . that there is now no law in england ( nor never was if we beleeve their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law nor prudence assent , much lesse contribute in the least degree , for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the priviledges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about two months space under their martiall , to my great expence and prejudice , without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallell'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custody by the meer power of the sword without bringing them to tryall ) would be not onely absurd , unreasonable , and a tacite justification of this their horrid violence and breach of priviledge , but monstrous , unnaturall , perfidious , against my oath and covenant . . no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for its common good , as is cleer by the stat. of . e. . c . and cooks instit. p. . now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : . because the kingdom is generally exhausted with the late years wars , plunders and heavie taxes ; there being more moneys levied on it by both sides , during these eight last years , then in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . . in regard of the great decay of trade , the extraordinary dearth of cattel , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort eaten out by taxes and free-quarter , being utterly unable to relieve them . to which i might add the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . . this heavie contribution to support the army , destroys all trade , by fore-stalling and engrossing most of the moneys of the kingdom , the sinews and life of trade ; wasting the provisions of the kingdom , and enhansing their prices , keeping many thousands of able men and horses idle , only to consume other labouring mens provisions , estates and the publick treasure of the kingdom , when as their imployment in their trades and callings , might much advance trading , and enrich the kingdom . . there is now no visible enemy in the field or garisons , and the sitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , eat up the country with taxes and free-quarter , only to play , drink , whore , steal , rob , murther , quarrel , fight with , impeach and shoot one another to death as traytors , rebels and enemies to the kingdom and peoples liberties , as now the levellers and cromwellists do , for want of other imployments , and this for the publick good , transcends my understanding . . when the king had two great armies in the field , and many garisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons , and foot , and had an establishment only of about forty five thousand pounds a month for their pay ; which both houses then thought sufficient , as is evident by their o ordinances of febr. . . and april . . and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves to disband and reduce all super-numeraries , maintain the established army and garisons , and ease the country of all free-quarter ; which tax hath been constantly paid in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now exacted besides the sixty for the army ) and this for the common good of the realm , is a riddle unto me , or rather , a mystery of iniquity , for some mens private lucre , rather then the publick weal . . the militia of every county ( for which there was so great contest in parliament with the late king ) and these persons of livelihood and estates in every shire or corporation who have been cordiall to the parliament and kingdom heretofore , put into a posture of defence under gentlemen of quality and known integrity , would be a far better guard to secure the kingdom against forraign invasions or domestick insurrections , then a mercinary army of persons and souldiers of no fortunes , and that with more generall content , and the tenth part of that charge the kingdom is now at to maintain this army , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying their pretended arrears , which i dare averr , the free-quarter they have taken in kinde , and levied in money , if brought to a just account , as it ought , will double if not treble most of their arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therefore there is a necessity for them to keep the army , to prevent all dangers from abroad , and insurrections at home . i answer , . that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the kingdom till dooms-day . if they be reall members who make this objection , elected by the counties , cities and burroughs for which they serve , and deriving their parliamental authority onely from the people ( the only new fountain of all power and authority , as themselves now dogmatize ) then they are but the servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , fidelity , and estate , who both elected , intrusted and impowred them , and are the primitive and supreme power ; it is high time for their electors and masters the people , to revoke their authority and trusts , and no longer to trust those with their purses , liberties , safety , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercinary , indigent soudiers , then to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees and attourneys only they professe themselves , and who have greatest interest both in them and the kingdoms weal , and those who must pay these mercinaries , if continued . . the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws and priviledges safeguard , which they have so oft invaded ; professing now that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves in stead of free-men : averring , that all is theirs by conquest . and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the meer support of the usurped power , authority , offices , wealth , and absolute domination only of those who have exalted themselves for the present above king , parliament , kingdom , laws , liberties , and those that did intrust them , by the help of this trust-breaking army , who have stained all the glory of their former noble victories and heroick actions , by their late degenerous unworthy practices , and are become a reproach to the english nation in all christian kingdoms and churches . the second end of this heavie tax , is the support and maintenance of the forces in ireland , for which there was onely twenty thousand pounds a month formerly allowed , now mounted unto thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of . e. . c. . e. . cap. . . . e. . c. . . e. . c. . . h. . cap. . cooks institutes p. . and the protestations of all the commons of england in the parliaments of h. . nu . . and . h. . n. . that no freeman of england ought to be compelled to go in person , or to finde souldiers , arms , conduct-money , wages , or pay any tax for or towards the maintenance of any forreign war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the war in ireland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegall , and no ways obligatory to me , or any other . . most of the ancient forces in ireland ( as the brittish army , scots , and inchiqueen's ) towards whose support the twenty thousand pounds a month was designed , have been ever since declared rebels , traytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army and to be paid out of that establishment , there is no ground at all to augment , but decrease this former monthly tax for ireland , over what it was before . . many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing , and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free-quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . . if the relief of ireland be now really intended , it is not upon the first just and pious grounds , to preserve the protestant party there from the forces of the bloody popish irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and hold correspondence , and are now actually accorded with owen ro-oneal and his party of blodiest papists ; but to oppose the kings interest and title to that kingdome , and the protestant remaining party there adhering to and proclaiming , acknowledging him for their soveraign ; least his gaining of ireland should prove fatall to their usurped soveraignty in england , or conduce to his enthroning here : and by what authority these now sitting can impose , or with what conscience any loyall subject who hath taken the oaths of supremacy , allegiance , and covenant can voluntarily pay any contribution to deprive the king of his hereditary right & undoubted title to the kingdoms and crowns of england & ireland and alter the frame of the ancient government & parliaments of our kingdoms p remonstrated so often against by both houses , and adjudged high treason in canterburies and strafffords cases , for which they were beheaded and by themselves in the kings own case , whom they decolled likewise ) without incurring the guilt of perjury and danger of high treason , to the losse of his life and estate , by the very laws and statuts ) yet inforce , transcends my understanding to conceive : vvherfore i neither can nor dare in conscience , law or prudence submit to this contribution . fourthly . the coercive power and manner of levying this contribution , expressed in the act , is against the law of the land , and liberty of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doores , chests , &c. to distrain ; which is against magna charta . cap. . the petition of right ; the votes of both houses in the case of ship-mony , r. . c. . and the resolution of our judges and law-books . . ed. . . . e. . . cook . . report . f. . . semaines case , & . inst. p. , . secondly , imprisonment of the body of the party till he pay the contribution , being contrary to magna charta ; the petition of right , the resolution of both houses in the parliament of caroli in the case of loanes ; and caroli , in the case of ship-mony , the judgment of our judges and law-books collected by sir edward cook in his insti. p. . &c. and the statu. of h. . rot. par. n. . unprinted , but most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force : adjudged high treason in the cases of the earl of strafford , and a levying of war within the statute of . ed. . by the late parliament , for which he lost his head : and so proved to be at large by master st. iohn in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegall means of levying it ) if any person whose goods are destrained , or person imprisoned for this illegall tax , shall bring his action at law , or an habeas corpus for his relief . the committee of indempnity will stay his legall proceedings , award cost against him ; and commit him a new till he pay them , and release his suits at law , and upon an habeas corpus , their own sworn judges created by them , dare not bayle but remaund him against law . an oppression and tyranny , far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law both in the cases of loanes , shipmony and knighthood , without any councel-table , committee of indempnity to stop their suits , or inforce them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to this illegall tax , but oppugn it to the utetrmost , most invasive on our laws and liberties , that ever was . fifthly , the time of opposing this illegall tax , with these unlawfull ways of levying it , is very considerable and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first yeare of englands liberty , and redemption from thraldom . and if this unsupportable tax , thus illegallly to be levied , be the first fruits of our first years freedom , and redemption from thraldom , how great may we expect our next years thraldome will be , when this little finger of theirs is heavier by far then the kings whole loynes , whom they beheaded for tyranny and oppression ? sixthly , the order of this tax ( if i may so term a disorder ) or rather newnesse of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i finde , that was ever imposed by any who had been members of the commons house after a parliament dissolved ; the lords house voted down , and most of their fellow-commoners secured or secluded by their connivance or confederacy with an undutiful army . vvhich if submitted to , and not opposed as illegall , any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and commons that once sate with them , being incouraged thereto by such an unopposed precedent . vvhich being of so dangerous consequence and example to the constitution and priviledges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new cockatrice in the shell , lest it grow to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to lade us with new and heavie taxes of this kinde , when this expires ( which we must expect , when all the kings , bishops , deans and chapters lands are sold and spent ) if we patiently submit to this leading decoy ; since q bonus actus inducit consuetudinem , as our ancestors resolved , anno . in the case of an universall tax , demanded by the pope ; whereupon they all unanimously opposed it at first ; r opprime dum nova sunt subiti mala semina morbi : principiis obsta ; serò medicina paratur cum mala per longas invaluere moras , being the safest rule of state-physick we can follow in such new desperate diseases which endanger the whole body-politick . upon which grounds the most consciencious gentlemen and best patriots of their country opposed loans , ship money , tonnage , poundage , knighthood , and the like late illegall impositions of the king and his councell in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if these vvorthies conceived themselves thus obliged to oppose those illegall impositions of the king and his councel , though countenanced by some judges opinions as legall , to their immortall honour , and high esteem both in country and parliament , who applauded them as the principal maintainers of their countries liberties ; then much more ought i , and all other tenderers of their own and countries freedom , to oppose this illegall dangerous contribution imposed on us by a few fellow-subjects only , without , yea against all law or precedent to countenance it , being of greater consequence , and worser example to the kingdom , then all or any of the kings illegall projects or taxes . seventhly , the excessivenesse of this tax , much raised and encreased , when we are so exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance , november . . and by the imposers of it , amounting to a sixt part , if not a moiety of most mens esta●es , is a deep engagement for me to oppose it ; since taxes , as well as s fines and amerciaments ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many will be by this , if forced to pay it by distresse or imprisonment . upon this ground , in the parliaments of & edward the third we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the warres , who ought to pay them . and in the printed statutes of henr. . c. . mariae c. . to omit others , we find subsidies mitigated and released by subsequent acts of parliament , though granted by precedent , by reason of the peoples poverty and inability to pay them . yea , somtimes we read of something granted them by the king , by way of aide , to help pay their subsidies , as in . e. . rastal , tax . & e. . c. . and for a direct president in point : when t peter rubie the pope's legat in the year . exacted an excessive unusuall tax from the english clergie ; the whole clergy of berk-shire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusall , pertinent to our time and present tax ; whereof this was one , that the revenues of their churches scarce sufficed to finde them daily food , both in regard of their smalnesse , and of the present dearth of corne ; and because there were such multitudes of poore people to relieve , some of which dyed of famin , so as they had not enough to suffice themselves and the poore . whereupon they ovght not to be compelled to any svch contribvtion : which many of our clergy may now likewise plead most truly , whose livings are small , and their tythes detained ; and divers people of all ranks and callings , who must sell their stocks , beds , and all their houshold-stuffe , or rot in prison , if forced to pay it . eightly , the principall inducement to bring on the payment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countreys and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to u former engagements . against which i have these just exceptions . . that the taking of free-quarter by soldiers in mens houses , is a grievance against the very common-law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which with his goods therein he may lawfully x fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning y purveyers , which prohibit the taking of any mens goods or provisions against their wills , or paiment for them under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , . caroli . condemned by the commons house in their z declaration of the state of the kingdome of the . december , , and charged as an article against king richard the second when deposed , in the parliament of h. nu . . yea , it is such a grievance , as exposeth the houses , goods , provisions , moneys , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier . and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , is but to impose one grievance to remove another . . there have been many promises , declarations and orders of both houses and the generall , for taking off free quarter heretofore , upon the peoples paying in their contributions before-hand , as now : and then none should free-quarter on them , under pain of death ; yet no sooner have they pay'd in their contribution , but they have been freequartered on as much or more then formerly : the souldiers , when we tell them of any orders against free-quarter , slighting them as so many wast papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be freequarter taken , and there can be no prevention of it , there being a necessity of it : and when any have craved allowance of it , they have found so many put-offs and delayes , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the moneys allowed have been called for again . so as few have had any allowance for quarters , and given over suing for them , being put to play an after-game to sue for them after all their contributions first paid , and not to deduct them out of their contributions , which they are still put to do . this pretext therefore of taking away free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they finde by sad experience every-where , and in the county and hundred where i reside . for , not to look back to the last yeers free-quarter taken on us ( though we daily paid our contributions , ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six days together in a place , and exacted and received most of them s. others s. d. and the least s. d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , toustock , walcot and wedcombe , small parishes in our hundred and liberty , as they will prove upon oath , and given it me under their hands , to li. s. d. charge ; beside what quarters in other parishes of the hundred sir hardresse wallers souldiers upon pretext of collecting arrears of contribution not due from the hundred , put it to at least l. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them : but on the and of may last , col. hunks his foot under the conduct of captain flower and captain eliot pretending for ireland , but professing they never intended to go thither , marching from minehead and dunster ( the next westerne ports to ireland further from it to oppresse the country , put bathwick , langridge , witty , batheaston , eutherin and ford to l. s. and swainswicke , where i live , to about l. expences for three dayes freequarter ( by colour of the generals order dated the first of may ) being the rudest and deboistest in all kinds , that ever quartered since the warrs , and far worse then the worst of goring's men , whereof some of them were the dreggs ; and their captain flower , a cavalier heretofore in arms ( as is reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swords , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controll them ) to abuse me . in pursuance whereof some thirty of them coming to my house , shouting and hollowing in a rude manner on may , when their billet was but for twenty , not shewing any authority , but only a ticket , [ mr. prynne — ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me ( who demanded whose souldiers they were , by what authority they demanded free-quarter , my house being neither inne , nor alehouse ; and free quarter against law and orders of parliament , and the generals ) using many high provoking speeches , brake some of my windows , forced my strong-beer cellar door , and took the key from my servant , ransacked some of my chambers under pretext to search for arms , taking away my servants clothes , shirts , stockings , bands , cuffs , handkerchiefs , and picking the money out of one of their pockets ; hollowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strong beer against the ground , abused my maid-servants , throwing beef & other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took from their eggs and young ones , veal and mutton being not good enough for them : they continued drinking and roaring before , at , and after supper , till most of them were mad-drunk , and some of them dead-drunk under the table . then they must have beds provided for them ( for they would lie but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her chamber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a peece for their beds , and next dayes quarters ; and at last forced her for fear of their violence ( being all drunk ) to give them eighteen pence a piece , assoon as they were forth of doors , and six pence a peece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at bath , some thirty of them in my absence came about ten of the clock , notwithstanding the moneys received of my sister for their quarters , re-entered the house , and would have quarters again , unlesse she would give them three shillings a peece ; which she refusing , they thereupon abused and beat the servants and workmen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many furies and divels , brake open my parlour , milk-house , and garden-doors , abused my pictures and brake an hole in one of them ; hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children and maid-servants with their naked swords , threatning to kill them , and kick them to gelly , shot at them with their muskets , forced them out of the house to save their lives : which i hearing of , repaired to my house , and finding them all so bedlam mad , and that they would not hearken to any reason , nor be quieted , i thereupon rode to seek their captain and officers at bath , who purposely absented themselves ; and not finding them till the next morning , i acquainted the captain then , ( as i had done the first night by letter ) with all these unsufferable outrages of his souldiers ( contrary to the generals orders to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious , not onely to the country and kingdom , but all officers and souldiers who had any civility in them , and be a disparagement to the generall , by whose proclamation he ought to be present with his company to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarously rude , but by his incouragement , which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them , and remove them forthwith from my house : but the onely right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continuing there till neer four of the clock ; and then marched away onely out of fear i would raise the country upon them ; many of whom profered me their assistance ; but i desired them to forbear till i saw what their officers would do ; who in stead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what moneys they could from the country by their violence and disorders . now , for me or any other to give moneys to maintain such deboist bedlams and beasts as these ( who boasted of their villanies and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civill persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquerours , and take free quarter on us , amounting to at least a full yeares contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants for paying in this tax to prevent it for the future , issued ; is so far against my reason , judgement and conscience , that i would rather give all away to suppress , discard them , or cast it into the fire then maintain such graceless wretches with it to dishonour god , enslave , consume , ruine the country and kingdome ; who every where complain of the like insolences ; and of taking free quarter since the of june , as above two hundred of colonel coxe his men did in bath the last lords day ; who drew up in a body about the majors house , and threatned to seise and carry him away prisoner for denying to give them free quarter , contrary to the new act for abolishing it . lastly this pretended act implies , that those who refuse to pay this contribution without distress or imprisonment shall be stil oppressed with freequarter : and what an height of oppression and injustice this will prove not only to distrain & imprison those who cannot in conscience , law or prudence submit to this illegall tax , but likewise to undoe them by exposing them to free-quarter , which themselves condemne as the heighst pest and oppression ; let all sober men consider ; and what reason i and others have to oppose such a dangerous destructive president in its first appearing to the world . ninethly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and fafety of our ancient and first christian kingdom of england , its parliaments , laws , liberties , and religion , as at first , but to disinherit the king of the crown of england , scotland , and ireland , ( to which he hath an undoubted right by common and statute law ; as the parliament of jacobi . ch. . resolves ) and to levy war against him to deprive him of it : to subvert the ancient monarchical government of this realm , under which our ancesters have always lived and flourished , to set up a new republick , the oppressions and greivances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away of the lives of the late king , peers , and other subjects against the fundamental laws of the land , creating new monstrous treasons never heard off in the world before , and the like ) but cannot yet enjoy or discern the least ease or advantage by it ; to overthrow the ancient constitution of the parliaments of england , consisting of king , lords , and commons , and the rights , and priviledges thereof . to alter the fundamental laws , seales , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our lawes , oathes , covenant , protestation , a publick remonstrances and engagements to the kingdom and forraign states , not to change the government , or attempt any of the premises . all which being no less then high treason by the laws and statutes of the realm , ( as sir edward cook in his institutes ch. . and mr. st. john in his argument at law , upon passing the bill of attainder of the earl of strafford ( both printed by the commons special order ) have proved at large by many presidents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and canterbury , who were condemned and executed as traytors by judgement of parliament , and some of these now sitting , but for some of those treasons , upon obscurer evidences of guilt , then are now visible in others : ) i cannot , without incurring the crime and guilt of these general high treasons , and the eternal , if not temporal punishments incident thereunto , if i should voluntarily contribute so much as one peny or farthing , towards such treasonable and disloyal ends as these , against my conscience , law , loyalty , duty , and all my oathes and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgment and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and disadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our laws and government , establishing of our taxes , disbanding of our forces , revivall of our decayed trade , by the renewing and perpetuating our bloudy uncivill warrs ; engaging scotland , ireland , and all forreign princes and kingdoms in a just war against us , to avenge the death of our late beheaded king , the dis-inheriting of his posterity , and restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continuall warrs ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honorable terms , and invested in their just possessions . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous consequences , by any submission to this illegall tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgments of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of that omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and the ruine of my greatest enemies and opposers ) to oppugne this unlawfull contrbution , and the payment of it to the uttermost , in all just and lawfull wayes , i may ; and if any will forcibly levie it by distresse or otherwise , without law or right ( as theeves and robbers take mens goods and purses ) let them doe it at their own utmost perill . and i trust god and men will in due season doe me justice , and award me recompence for all the injuries in this kinde , and any sufferings for my countries liberties . how-ever , fall back , fall edge , i would ten thousand times rather lose life , and all i have , to keep a good conscience , and preserve my native liberty , then part with one farthing , or gain the whole world with the losse of either of them ; and rather die a martyr for our ancient kingdom , then live a slave under any new republick , or remant of a broken , dismembred , strange parliament of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realme , in being subject to their illegall taxes , and what they call acts of parliament , which in reality are no acts at all to binde me , or any other subject , to obedience , or just punishment for non-obedience thereunto , or non-conformity to what they stile the present government of the armies modeling , and i fear , the jesuites suggesting , to effect our kingdoms and religions ruine . william prynne . swainswick , june . . psal. . , . i have not sate with vain persons , neither will i go with dissemblers : i have hated the congregation of evill doers , and will not sit with the wicked . finis . a postscript . since the drawing up of the precedent reasons , i have met with a printed pamphlet intituled , an epistle written the th day of june , by lieutenant colonel iohn lilburn , to master william lenthall speaker to the remainder of those few knights , citizens and burgesses that col. thom. pride at his late purge thought convenient to leave sitting at westminster ( as most fit for his and his masters designs to serve their ambitious & tyrannical ends , to destroy the good old laws , liberties and customs of england , the badges of our freedom , as the declaration against the king of the seventh of march , , pag. . calls them ) and by force of armes to rob the people of their lives , estates and properties ; and subject them to perfect vassallage and slavery &c. who ( and in truth no otherwise ) pretendenly stile themselves , the conservators of the peace of england , or the parliament of england , intrusted and authorized by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned , p. . they say ) they are ; although they are never able to produce one bit of a law , or any piece of a commission to prove , that all the people of england , or one quarter , tenth , hundred or thousand part of them , authorized thomas pride , with his regiment of souldiers to choose them a parliament , as indeed it hath de facto done by this pretended mock-parliament : and therefore it cannot properly be called the nations or peoples parliament ; but col. prides and his associats , whose really it is : who although they have beheaded the king for a tyrant , yet walk oppressingest steps , if not worst and higher . in this epistle this late great champion of the house of commons and sitting junctoes supremacy both before and since the kings beheading , ( who with his brother a overton and their confederates , first cryed them up as , and gave them the title of , the supream authority of the nation : the only supream judicatory of the land : the only formall and legall supream power , and parliament of england , in whom alone the power of binding the whole nation by making , altering or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords and personall treatie , as he and they print and boast in this epistle and other late papers ) doth in his own and his parties behalf ( who of late so much adored them , as the only earthly deities and saviours of the nation ) now positively assert and prove . first , that commissary generall ireton , colonel harison with other members of the house , and the general councel of officers in the army , did in severall meetings and debates at windsor immediately before their late march to london to purge the house , and after to whitehall , commonly stile themselves the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament ; & no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the root , and not so much as to leave a shadow of it ; yea and had done it if we ( say they ) and some of our then friends in the house , had not been the principall instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a reall and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and only by the will of sword-men , whom we had already found to be men of no very tender consciences . if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resolved to pull it up by the roots as such , then it necessarily follows , first that they are much more so after the kings death , as by their suppression of the lords house and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rationall men . and no wayes enabled by law to impose this or any other new tax or act upon the kingdom , creating new treasons and penalties , secondly , that these grand saints of the army and statesmen of the pretended parliament knowingly sit , vote and act there against their own judgements and consciences , for their own private , pernicious ends . thirdly , that it is a basenesse , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these gr●n●e●s in their assembly and arms , to sit or vote together with them , or to enjoy any office or command in the army , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus vilified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and as great a basenesse in others for to pay it upon any terms . secondly he there affirms that d oliver crumwell by the helpe of the a●my at their first rebellion against the parliament , was no sooner put up , but like a perfideous , base , unworthy man , &c. the house of peers were his only white boys , and who but oliver ( who before to me had called them in effect both tyrants and vsurpers ) became their proctor , where ever he came ; yea , and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience that the lords had as true a right to their legislative & jurisdictive power over the commons , as he had to his coat upon his back , and he would pocure a freind : viz. master nathaniel feinnes , should argue and plead their just right with any friend i had in england . and not only so , but did he not get the generall and councell of war at windsor ( about the time that the votes of no more addresses were to passe ) to make a declaration to the whole world declaring , the legal right of the lords house & their fixed resolution to maintian & uphold it ? which was sent by the generall to the lords by sir hardresse waller : and to indear himself the more unto the lords ( in whose house without all doubt he intended to have sate himself , he requited me evill for good ; and became my enemy to keep me in prison , out of which i must not stirre , unlesse i would stoop and acknowledge the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do it : yet now they have suppressed them . whence it is most apparent . . that the general , liutenant general cromwel , ireton , harrison , and other officers of the army now sitting as members , and over-ruling all the rest , have willingly acted against their own knowledges , declarations , judgments , consciences in suppressing the lords house ; and depriving them of their legislative and jurisdictive right and power , by presuming to make acts , pass sentences , and impose taxes without them , or their assents in parliament . . that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , is in their own judgment and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all who love their own or countries liberty , or have any nobility , or generosity in them . thirdly , he e there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but , a pretended parliament , a mock-parliament ; yea , and in plain english , no parliament at all , but the shadow of a parliament . that those company of men at westminster , that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law , or representatives of the people , by the rules of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed theeves choose and set apart to try , judge , condemn , hang , or behead any man that they please , or can prevail over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pretence of justice , grounded upon rules meerly flowing from their wills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves down in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons : to set up indeed a mock-power , and a mock-parliament ; by purging out all those , that they were any way jealous of , would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of parliament , and the shadow and imperfect image of legall and just authority to pick their pockets for them by assessments and taxations ; and by their arbitrary and tyrannicall courts and committees ( the best of which is now become a perfect star-chamber , high-commission , and councel-board ) make them their perfect slaves and vassals . with much more to this purpose . if then their principall admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england , before , at and since the late force upon the house , and its violent purgation , doe thus in print professedly disclaim them , for being any reall parliament or house of commons , to make acts or impose taxes upon the people ; the secluded members , presbyterians , royallists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority and illegall taxes acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein further averrs : f that the death of the king in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very houre . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long , as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherefore the members of the commons house were chosen and sent thither , was , to hear and conferr with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , or third estate of that parliament , to which they were to come and joyn with , and who were legally to make paramount and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws ; the end both in reason and law of the peoples trust is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor or a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within it's limited time , in all its splendor of glory , without the awe of armed men , neither in law , nor in the intention of their choosers were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly void of reason , as to call tho. prides pittifull junto a parliament , especially those that called , avowed , protested and declared again & again those to be none that sate at westminster the , . &c. of july . when a few of their members were scared away to the army , by a few hours tumult of a company of a few disorderly apprentices . and being no representative of the people , much less a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people the shew of their own wills , lusts and pleasures for lawes and rules of government , made by a pretended , everlasting , nulled parliament , a councel of state , or star chamber and a councel of war , or rather by fairfax , cromwel , and ireton . now if their own late confederates and creatures argue thus in print against their continuing a parliament , jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more doe it , and oppose them to the utmost upon the self-same grounds ? fifthly , he there likewise affirms , g that those now sitting at westminster have perverted the ends of their trusts more then ever strafford did : . in not easing the people of , ( but encreasing ) their greivances . . in exhausting of their estates to maintain and promote pernitious designs to the peoples destruction . the king did it by a little ship-money and monopolies ; but since they began , they have raised and extorted more mony from the people and nation then half the kings since the conquest ever did ; as particularly : . by excise , contributions . . sequestrations of lands to an infinite value . . fift parts . . twenty parts . . meal-mony . . sale of the plundered goods . . lones . . benevolences . . collections upon their fast days . . new impositions or customs upon merchandize . . guards maintained upon the charge of private men . . fifty subsidies at one time . . compositions with delinquents to an infinite value . . sale of bishops lands . . sale of dean and chapters lands : and now after the wars are done . . sale of king , queen , prince , duke , and the rest of the childrens revenues . . sale of their rich goods which cost an infinite sum . . to conclude all , a taxation of ninety thousand pounds a month : and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and ten thousands a peece amongst themselves , and wipe their mouthes after it , like the impudent harlot , as though they had done no evil ; and then purchase with it publick lands at small or trivial values : o brave trustees ! that have protested before god and the world , again and again in the day of their straits , they would never seek themselves , and yet besides all this divide all the choisest and profitablest places of the kingdom among themselves . therefore when i seriously consider , how many men in the parliament and elsewhere of their associates ( that judge themselves the only saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not onely of the people the of world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread . i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that whoso hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from him ( which he absolutely doth that any way takes a little of his little from him ) how dwelleth the love of god in him ) john . . these actions and practises are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murther in the world , thus to rob the poor in day of their great distress by excise , taxations &c. to maintain their pompe , superfluities and debauchery , when many of those from whom they take it , do perish and starve with want and hunger in the mean time , and be deaf and adamant-hearted to all their tears , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended , godly religious men , have got a degree beyond those athests or fools , that say in their hearts , there is no god . psal. . . and . . . in quite destroying the peoples essential liberties , laws and freedoms , & in leaving them no law at all ( as mr. peters their grand teacher averred lately to my face we had none ) but their meer will and pleasures ; saving fellons lawes , or martial law , where new butchers are both informers , parties , jury-men and judges , who have had their hands imbrewed in blood for above these seven years together , having served an apprentiship to killing of men for nothing but money , and so are more bloody then butchers that kil sheep and calves for their own livelihood ; who yet by the law of england , are not permitted to be of any jury for life and death : because they are conversant in shedding of blood of beasts , and thereby , through an habit of it may not be so tender of the blood of men , as the law of england , reason , and justice would have them to be . yea , do not these men by their swords , being but servants , give what lawes they please to their masters the pretended law-makers of your house now constituted by as good and legal a power , as he that robs and kills a man upon the hgih-way ? and if this be the verdict of their own complices and partizans concerning them and their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the times of famine and penury ( as the great officers of the army and treasurers who are members now doe , who both impose what taxes they please , and dispose of them to themselves and their creatures as they please , contrary to the practice of all former ages , and the rules of reason and justice too ) are not all others bound by all bonds of conscience , law , prudence to withstand their impositions and edicts unto death , rather then yeild the least submission to them ? sixthly , he there avers , proves and offers legally to make good , before any indifferent tribunal , that the h grandees and over-ruling members of the house and army are not only , a pack of dissembling , jugling knaves and machevillians , amongst whom in consultation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amongst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death without any satisfaction taken for their lives , as traytors , enemies , rebels to , and i conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament kingdome and the peoples majesty and soveraignity ; that the pretended house and army are guilty of all the late crimes in kinde , though under a new name and notion , of which they charge the king in their declaration of the . of march . that some of them more legally deserve death , then ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants that ever lived in the world : and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindness they have done all the mischeife they have done in destroying our lawes and liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. seventhly , he there asserts . k that whosoever stoops to their new change of government and tyranny , and supports it , is as absolute a traytor both by law and reason , as ever was in the world ; if not against the king , prince charles , ( heir apparent to his fathers crown and throne ) yet against the peoples majesty and soveraignty . and if this be true ▪ as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so , then all those that are executed at tiburne &c. by their sentence of condemnation are meerly murthered , and the judges and justices that condemned them are liable in time to be hanged ( and that justly ) therefore , for acting without a just and legal commission : either from trve regal or trve parliamentary power : ( except in corporations only where they proceed by ancient charters in the antient legal form ) . and if this be law and l gospel ( as no doubt it is ) then by the same reason , not only all legal proceedings , indictments , judgments , verdicts , writs trials , fines , recoveries , recognisances , and the like before any of our new created judges and justices since the kings be heading in any courts at westminster , or in their circuits , assisses , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , ate not only meerly void , illegal , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices , sheriffs , now acting , and lawyers practising before them in apparent danger of high-treason both against king , kingdom , they neithver taking the oathes of judges , supremacy or allegiance as they ought by law ; but only to be true and faithfull to the new erected state ; but likewise all votes and proceedings before the pretended house or any of their committees , or sub-committees in the country , with all their grants and offices , moneys , salaries , sequestrations , sales of lands or goods compositions &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , collectors , treasurers , &c. and all other officers imployed to leavy and to collect this illegal tax to support that usurped parliamentary authority and army , which have beheaded the late king , dis-inherited his undoubted heire , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdom , with the liberty and property of the people of england , no less then high treason in all these respects as is fully proved by sir edward cook in his . institutes , ch. . . and by mr. st. john in his argument at law at the attainder of the earl of strafford , both published by the late commons house order ; which i desire all who are thus imployed , to consider , especially such commissioners who take upon them to administer a new unlawful ex officio oath to any to survey their neighbours and their own estates in every parish and return the true values thereof to them upon the new prov'd rate for the last months contribution , and to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damne mens souls invented by cardinal woolsy , much inveighed against by father latymer in his sermons , condemned by the expresse words of the petition of right providing against such oahes ; and a snare to enthrall the wealthier sort of people by discovering their estates to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer an oath in any case whatsoever , much less then to conferr any authority on others to give such illegal oathes , and fine those who refuse them , the highest kinde of arbitrary tyranny both over mens consciences , properties , liberties ; to which those who voluntarily submit deserve not only the name of traytors to their country , but to be m boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any ways active in imposing or administring such oathes , and levying illegal taxes by distress or otherwise , may and will undoubtedly smart for it at last ; not only by actions of trespasse , false imprisonment accompt &c. brought against them at the common law , when there wil be no committee of indemnity to protect them from such suits , but likewise by inditements of high treason , to the deserved loss of their estates , lives , and ruin of their families when there will be no parliament of purged commoners , nor army to secure , nor legal plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present sordid fears of loss of liberty , estate , or the like being no n excuse in such a case and time , as this , but an higher aggravation of their crime : the o fearful being the first in that dismall list of malefactors who shall have part in the lake which burneth with fire and brimstone , which is the second death ; even by christs own sentence . john . vers. . to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . objection . if any object , that true it is , the parliament by the common law and custome of the realm determines by the kings death ; but by the statute of . caroli : which ena●ts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues this parliament stil in being notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support the continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law ; that every statue ought to be expounded according to the intent of those that made it , and the mischiefs it intended only to prevent , as is resolved in . ed. . . . ed. . . . hen. . . . plowd . com. f. . and cooks . instit. p. . . now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death ( no ways intimated or insinuated in any clause thereof , being a clear unavoidable dissolution of it to all intents not provided for by this law ) but by any writ , or proclamation of the king by his regal power without consent of both houses ; which i shall manifest by these ensuing reasons . first , from the principal occasion of making this act . the king ( as the commons in their * remonstrance of the state of the kingdom . . decemb. . complain ) had dissolved all former parliaments during his raign without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear and preventing of the like dissolution , prorogation or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only gronud and occasion of this law ( not any fear or thoughts of its dissolution by the kings untimely death , then not so much as imagined being before the wars or irish rebellion brake forth ) the king very healthy not ancient , and likely then to survive this parliament and many others in both houses judgment , as appears by the bil for triennial parliaments . this undeniable truth is expresly declared by the commons themselves in their foresaid remonstrance : exact collection p. . . . . compared together , where in direct terms they affirme ; the abrupt dissolution of this parliament is prevented by another bil by which it is provided it shall not be dissolved or adjourned without the consent of both h●uses : in the bil for continuance of this present parliament there seems to be some restraint of the royal power in dissolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessary for the kings own security and the publick peace , that without it we could not have undertaken any of these great charges , but must have lest both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act ; that the scope and intention of it was only to provide against the kings abrupt dissolution of the parliament by the meer royal power in suspending the execution of it for this time and occasion only ; and that for the kings own security , ( not his heirs and successors ) as wel as his peoples peace and safety . therefore not against any dissolutions of it by his natural ( much lesse his violent ) death ; which can no ways be interpreted , an act of his royal power , which they intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : but a natural impotency , or unnatural disloyalty , which not only suspends the execution of the kings power for a time , but utterly destroys and takes away him and it without hopes of revival for ever . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolu●ion of this present parliament ) intimates as much , comp●red with the body of it , which provides , as wel against the adjourning and proroguing of both or either houses without an act of parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or prorogued in any way or sence , much less untimely , by the kings death , ( which never adjourned or prorogued any parliament , ) but only his by proclamation , writ , or royal command , to the houses or their speaker , executed during his life ; as all our journals , ‖ parliament rolls and * law-books resolve , though it may be dissolved by his death , as wel as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning , proroguing and dissolving this parliament together without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative wayes and meanes by which parliaments had formerly been untimely adjourned and prorogued as well as dissolved by the kings meer will without their assents ; not of a dissolution of it by the kings death which never adjourned nor prorogued any parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the death of king henry the th ; the only parliament we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by act . thirdly , the prologue of the act implies as much ; whereas great sums of money must of necessity be speedily advanced & procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts : &c. and for supply of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , until such obstacles be first removed as are occasioned by fear , jealovsies and apprehensions of divers of his majesties loyal svbjects that the parliament may be adjovrned , prorogved or dissolved ( not by the kings sodain or untimely death , of which there was then no fear , jealousy or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill councellors ) before justice shall be duly executed upon delinquents ; ( then in being , not sprung up since ) publick grievances ( then complained off ) redressed , a firm peace betwixt the two nations of england and scotland concluded and before sufficient provisions be made for the repayment of the said monyes ( not others since ) so to be raised : all which the commons in this present parliament ass●mbled having duly considered , doe therefore humbly beseech your majesty that it may be declared and enacted &c. all which expressions , related only to his late majesty only , not his heirs and successors ; and the prnicipal scope of this act , to gain present credit to raise moneys to disband the scotish and english armies then lying upon the kingdom ; being many yeers since accomplished , yea and justice being since executed upon strafford , canterbury , and other delinquents then complained of ; the publick greivances then complained of ( as star-chamber , high commission , ship-money , tonnage and poundage , fines for knighthood , bishops votes in parliament with their courts and jurisdictions , and the like redressed by acts soon after passed , and a firm peace between both nations concluded before the wars began ; and this preambles pretentions for this act fully satisfied divers years before the kings beheading ; it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease ; especially after the ends for which it was made were accomplished . and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveragin lord , with the assent of the lords & commonsin this present parliament assembled , & by the authority of the same , that this present parliament now assembled , shall not be dissolved unlesse it be by act of parliament to be passed for that pvrpose ; nor shall any time or times dvring the continvance thereof be prorogved or adjovrned unless it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unless it be by themselves ; or by their own order . and in like manner that the hovse of commons shall not at any time or times dvring this present parliament be adjourned unless it be by themselves , or by their own order . whence it is undeniable , . that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliament then assembled , and no other . . that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . . that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament in their * remonstrance of the . of may : oft in termin●s acknowledge , together with his negative voice to bils . . that it was neither the kings intention in passing this act to shut himself out of parliament , or create members of a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . c. . p. . nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him : as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act to set up a parliament only of commons ( much less of a remnant of a commons house selected by colonel pride and his confederates of the army to serve their turns and vote what they prescribed ) without either king or house of peers , much less to give them any supertranscendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or assent , against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded or suspended from sitting or voting , which is the greater , and that by their inferiours in all kinds , a fragment of the commons house , who can pretend no coulor of jurisdiction over them , before whom they alwayes stood bare-headed like so many grand-jury-men before the judges and attended at their doores and barr to know their pleasures : ) unlesse it be by themselves , or by their own order . . that neither the king , lords nor commons intended to set up a perpetuall parliament , and intayl it upon them , their heirs and successors for ever , by this act , which would cross and repeal the act for trienniall parliaments made at the same time ; and on the same * day in law : but to make provision only against the untimely dissolving of this , till the things mentioned in the preamble were accomplished and setled ; as the preamble , and those oft repeated words , any time or times , during the continuance of this present parliament , conclude ; and that during his majesties reign and life , not after his death ; as these words coupled with , the relief of his majesties army and people ; and for supply of his majesties present and urgent occasions , in the preamble manifest . therefore this act can no wayes continue it a parliament after the kings beheading ; much less after the exclusion both of the king and lords house out of parliament by those now sitting , contrary to the very letter and provision of this act ; by which devise the king alone , had he conquered and cut off , or secluded by his forces the lords and commons house from sitting , might with much more colour have made himself an absolute parliament to impose what taxes and lawes he pleased , without lords or commons on the people by vertue of this act , then those few commons now sitting since his tryall and death doe . . the last clause of this act : and that all and every thing or things whatsoever done or to be done ( to wit by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be vtterly void and of none effect : now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly stiled , a thing done or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly void and of none effect , by restoring him to his life again . therefore the dissolution of the parliament by the kings death , is clearly out of the words and intentions of this act , especially so many years after its enacting . . this present parliament and every member thereof , being specially summoned by the kings writ , only to be his parliament and councell , and to conferre with him of the great and urgent affaires concerning him and his kingdom ; and these writs and elections of them , returned unto him and his court by indenture , and the persons summoned and chosen by vertue of them appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absurdity and absolute impossibility to assert , that the houses intended by this act to continue this parliament in being after the kings beheading or death : unless they that maintain this paradox be able to inform me and those now sitting , how they can conferr and advise with a dead king of things concerning him and his kingdom ; and that even after they have extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and councell whose head they have cut off : and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne to represent his person ; neither of which they dare to doe , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments dissolution by it , must needs be illegall and meerly void in law to all intents ; because not granted nor imposed in , but out of parliament ; by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , then any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority by this president to tax the kingdom or any county what they please , and then levy it by an army or force of armes , to the peoples infinite , endless oppression and undoing : this is my first and principall exception against the legality of this tax , which i desire the imposers and levyers of it most seriously to consider ; and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the th february , . have protested to the whole kingdom : that they are fully resolved to maintain , and shall and will uphold , preserve , and keep the fundamentall lawes of this nation , for , and concerning the preservation of the lives , properties and liberties of the people , with all things incident thereunto : which how it will stand with this tax imposed by them out of parliament , or their act concerning new treasons ; i desire they would satisfie me and the kingdom , before they levy the one , or proceed upon the other against any of their fellow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration , expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated . martii , . engage themselves : to procure the well-being of those whom they serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedome of the nation : and to prevent to their power , the reviving of tyrannie , injustice , and all former evils ( the only end and duty of all their labors ) to the satisfaction of all concerned in it . . they charge the late king for exceeding all his predecessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loanes , unlawfull imprisonments , and other oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpably broken by him almost in every part of it , very soon after his solemn consent given unto it . his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet exacted by him expresly against law ; and punishment of many good patriots , for not submitting to whatsoever be pleased to demand , though never so mvch in breach of the known law . the multitude of projects and monopolies established by him . his designe and charge to bring in germane-horse , to awe us into slavery : and his hopes of compleating all by his grand project of ship-money , to subject every mans estate to whatsoever proportion he pleased to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a thing of that strange impiety and vnnatvralness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his owne being a foraigner : neither could it easily have purchased belief , but by his succeeding visible actions in ful pursuance of the same . as the kings coming in person to the house of commons to seise the five members , whether he was followed with some hundreds of unworthy debauched persons , armed with swords and pistols , and other armes ; and they attending at the doore of the house , ready to execute whatsoever their leader should command them . the oppressions of the councell-table , star-chamber , high-commission , court-martiall , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not farr exceeded now by sundry arbitrary committees and sub-committees , to name no others , in all manner of oppressions and injustice ) concluding thus : vpon all these and many other unparalleld offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows and orphans , and childlesse parents , and millions of persons undone by him , let all the world of indifferent men judge , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to justice : and much more you if you imitate or exceed him in all or any of these , even by your own verdit ? . themselves charge the king with with profuse donations of salaries and pensions to such as were found , or might be made sit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal ways of draining the peoples pvrses ; all which mischief and grievance they say wil be prevented in their free state ; though the quite contrary way ; as appears by the late large donation of some thousands to mr. henry martin , the lord lisle , ‖ commissary general ireton and others of their members and instruments , upon pretence of arrears , or service , some of them out the moneys now imposed for the releife of ireland . and must we pay taxes to be thus prodigally expended ? fourthly , they therein promise and engage , that the good old laws and customs of england the badges of our freedom ( the benefit whereof our ancesters enjoyed long before the conquest , and spent much of their blood to have confirmed by the great charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most jvst , free and equal of any other laws in the world ; shall be duly continued and maintained by them ; the liberty , property and peace of the svbject being so fvlly preserved by them , and the common interest of those whom they serve . and if those lawes should be taken away , all jndustry must cease ; all misery blood and confusion would fellow , and greater calamities , if possible , then fel upon us by the late kings misgovernment , would certainly involve all persons , under which they must inevitably perish . . they therein expresly promise . p. . to order the revenue in such a way , that the publick charges may be defrayed ; the souldiers pay justly and duly setled : that free-quarter may be wholy taken away and the people be eased in their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes , thus augmented ; and that against law by pretended acts made out of parliament , against all these good old lawes and statutes , our liberties and properties , which these new tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution ? thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all & consent of most now sitting , did in sundry ‖ remonstrances and declarations published to the kingdom , not only tax the king and his evil counsellors for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive wars ; but likewise professed ; * that they were specially chosen and intrusted by the kingdom in parliament and owned it as their duty to hazzard their own lives and estates for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birthrights , as well as the greatest subject . that every honest man ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against wil and power ▪ which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which their il counsel had brought upon the king and kingdom ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes for the maintenance of their laws and liberties : with many such like heroick expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late members who have joyned in these remonstrances are engaged by them to second me ; under paine of being adjudged unworthy for ever hereafter to sit in any parliament or to be trusted by their counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictious and printed aspersions of the beheaded king ; * that the maintenance of the laws , liberties , properties of the people , were but only guilded dissimulations and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both lawes , liberties , and properties at last . and not any thing like them , to introduce anarchy , democracy , parity , tyranny in the highest degree , and new formes of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them , but to enslave and undoe themselves , and to be last destroyed . which royal predictions many complaine we finde too truely verified by those who now bear rule , under the name and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members who above all others are obliged to disprove them by their answers as wel as declarations to the people , who regard not words but reall performances from these new keepers of their liberties ; especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation and proclaim them the archest impostors under heaven . secondly , should i voluntarily submit , &c. errata . page . line . read , perusers : l. . r. argued : p. . l. . r. by : l. . for . r. . p . l. dele . by : l. . r consenting : p. . l. . for r. h. l. . r. and p. . l. . for asportatis religiosorum : the statute of sheriffs , . e. . and of the templers . e. . to mention no more : l. . dele have : p. , l. . r. swear : l. . r. e. . l. . r. sitting : l. . r. h . p. . l. . r. an. p. . l. . r. read : l . dele as ; p. . l. . for , r. . l. . r. banneret ; p. . l. . r. god : l . dele the : p. . l , , r. perjutious ; p. . l. . r. those . notes, typically marginal, from the original text notes for div a e- a see my humble remonstrance against ship-money . b see e. . cap. . cook . report . . . dyer . . e. . . . e. . . brook commission . . . c cromptons jurisdiction of courts , fol. . cook . . instit. p. . . d . ed. . . part . . dors. claus. regist. f. . . e ed. . . e. . . brook commissions . . . & officer , . dyer . . cook . report . . . e. . c. . daltons justice of peace . c. . p. . lambert p. . f . r. . n. . . h. . n. . . h. . n. . g h. . . b. . h. . . . . h. . . fortescue c. f. . dyer . brook parliament . . . cooks . institutes p. . h see the freeholders grand inquest , and my plea for the lords . i cooks . institues p. . k declaration nov. . & . . l . ed. . . . h. . . brook parlia. . . cook . instit. p. . . . . jac. ch. . m . ed. . , . . h. . . brooke customs . . object . answ. n see my plea for the lords , and levellers levelled . o collect. &c. pag. . ●● . object . ans. p see a collection p , . . , . q matt. paris , p. . r ovid . de remed. amo●is . s mag. chart. c. . . e. . c. . cook . instit. pag. . . . . t matt. paris , p. . u a collection , &c. pag. . x see cook , . report . fol. , . semans case . rep. sendels case . lambert f. . daltons justice of peace , . h. . c. y see rastal title purveyers . z an exact collection , p. a see an exact collection : and a collection of publick orders and p. . . . . . notes for div a e- a his petition and appeal and his arrow of defiance . see m. edwards gangrena , . pa. page . . fol. . pag. . . pag. . . d pag. , e pag. , , . , . f pag. . . . . . . g pag. . . . h pag. . . , . . . . . . , , . ● . . i see pag. . . k p. . . l luk. . . c. . . m exod. . . . n see . h. rot. parl. n. . o rev. . . notes for div a e- this objection must be added just before : secondly , should i voluntarily submit , &c. answ. * exact collect. p. . . ‖ . e. . parl. rot. parl. . . r. . n. . . . r . n. . . . . h . n . . . h. . n. . h. . n. . . . . h. . n. . h. . n. . . . * cook . instit. p . dyer . f. . * exact collect. p. . . . . . * brook parliament . . relation . dyer . . is not this the armies & their own late and present practise ? alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . and is it not so by you now , and transmitted unto the exchequer to be levyed ? and do not you now the same , yea , some of those very good patriots ? are not the generals and armies horse and foot too , kept up and continued among us for that very purpose , being some of them germans too ? not one quarter so grievous as the present tax imposed by you for the like purpose and is it not more unnaturall in those now sitting , to engage the english army , raised by the parliament of england , and covenanting to defend it from violence against the very parliament of england and its members , and that successively twice after one another , and yet to own and support this army without righting those members ? was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of armed horse and foot , a thousand times a greater offence , especially after so many declarations of the houses against this of the kings ? was not humphrey edwards now sitting , an unduly elected member , one of them thus armed ? ‖ hon. martin is accomptable to the state for above l. which the committee of accounts in two years time could never bring him to account for , and yet hath . voted him lately for moneys pretended to be disbursted : to whom and for whom query . nota. ‖ exact . collect. p. . . . * exact collect p. . . . . . . . . . . * exact collect . p. . . . . . . . . . , . &c. . . . . . &c. . . &c. a collect. & c.p. . . &c. . the english ballance weighing the reasons of englands present conjunction with france against the dutch vvith some observes upon his majesties declaration of liberty to tender consciences. mcward, robert, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the english ballance weighing the reasons of englands present conjunction with france against the dutch vvith some observes upon his majesties declaration of liberty to tender consciences. mcward, robert, ?- . p. s.n.] [london? : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : charles ii). -- his majesties declaration to his loving subjects march th, . dutch war, - . freedom of religion -- england. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the english ballance , weighing the reasons , of englands present conjunction with france , against the dutch. with some observes upon his majesties declaration , of liberty to tender consciences . prov . : v. . every purpose is established by counsel , and with good advice make war. prov . : v. . for by wise counsel thou shalt make thy war , and in multitude of counsellours , there is safety . printed in the year mdclxxii . the english ballance , weighing the reasons of englands present conjunction with france against the dutch. with some observes upon his majesties declaration , of liberty to tender consciences . the present aspect of affairs , being obviously such , as not onely amuseth all , but really concerneth the greatest part of the christian world , and my own proper interest ( not more from pure incapacity , then , real choice and inclination ) being most precisely confined , to that of religion , and reason , i presume , that if by a few sober reflexions , i break that common silence of my nation ( which seems to proceed rather from a deep amazement , then any other consideration ) i shall not therefore incurre the censure of singularity ; but if the fate of truth , shall neverthelesse expose me to the hatred of any , all i wish them , is , as little prejudice from their mistake , as i intend of particular advantage by the following representation . the subject then that moves me to this undertaking , is , briefly , the allarume of war , that soundeth every where , the tendency of the french. armes , against the united netherlands , and the apparent conjunction of the king of england , with the french , in this their invasion . what may be the pretenses of the french , just or unjust , since conjecture ( of all things most dareing ) hath not hitherto adventured upon the discovery , it were in vaine for me to attempt the research : it is known , that the estats most interessed , did addresse their inquirie unto the french king , who certainly knoweth best , and that upon the fairest account , viz. all just and reasonable satisfaction , and yet , had no other returne , save a slender notice , of their acknowledgement of the favours received from his antcestors , with a structure , upon their omission of his owne good deeds ( no doubt the dividing of the english fleet by beauforts imaginary assistance ) and then , a hint at late innovations in trade , visibly declining reason , by ane insinuat reference , to a neutral arbitration , without so much as a condescendence upon the subject , notwithstanding of the satisfaction offered ; concluding , with a scrupulous formalizing at the estats desire , to be cleared , about their evidently well grounded apprehensions , of his majesties extraordinary preparations , as if it were boorish incivility , to demand reason abroad , from a prince that makes his will to satisfy at home ; so that the king of france his tendernesse to abuse truth , and unwillingnesse to derogat from the confidence of his great power , by searching after a colourable pretext , where there is none to be found , appeares to be the most favourable account , that his procedour will admit of : it 's true , the advance of his romish superstition doth occurre , as a very probable incentive , but , as both justice doth repugne , and policy disswade from declaring it to be the cause , of this apprehended war ; so , i confesse the manifest decay , and neglect of religion , every where , this day in the earth , with his majesties not our addiction to his passions , and interests above all other ingagements , do rather incline me to think , that it is the insolent tyranny of these imperious lusts , pride and avarice , that doth thus derobe a great prince , of his solid glories , and pleasures , and in lieu thereof , with pain and hazard to himself , and injury to his neighbours , render him a slave to the motions of his insatiable appetit : but , though the candor i am resolved to use in this discourse , doth make me thus figure to my self , the french king's incitements ; yet , i am very far from thinking , that the matter of religion is no more interessed in this war , then intended : to knit the consequences of war , and victory , either to the declared causes , or influencing reasons of the undertakers , is , an error , that both reason and the experience of all ages doth abundantly disprove ; but why should i here make any profusion of reason , where common sense may be so convictive ? can popish armes prevail , and not establish popish superstition ? can this popish superstition have power , and not both prosper and persecute ? these are consequences so natural , and evident , that it were superfluous , either to challenge one instance dissonant , from the thousands , that confirme them , or to reminde what , and how successefully , the present french king hath ( what by force , and what by policy ) practised , in his own dominions : or lastly , to adde , that as the genius of popery , hath ever been most bent , to seek to reenter where it hath been ejected ; so it cannot but in this invasion be animat , by a great accession of vigour , in the hope , thereby to triumph in the conquest of the main fort , and bulwarke of the protestant interest : and verily these things are of themselves so obvious , that i almost blame their conduct , ( if onely designed for clearing of this point ) who of late have caused print , a letter to the estats , from their resident in vienna , acquainting them with the king of france his intentions , as by him communicat to the elector of mentz , viz. to daunton the pride of the estats general , and compel them to the restitution of ecclesiastick lands , and goods , and that assurance hereof , is long since given to the pope ; as if the manifest hazard of the protestant religion , from the french armes , and their approaches , and its infallible prejudice in their successe , not onely as to this restitution , but the subversion of its truth and purity , did need the accession of such a conjectural proof ? but it is indeed to be regrated , that such at present , should be the reguardlesse indifferency , in the matter of religion , of the neighbouring protestant princes and estats , that neither the undeniable evidences of all appearances , nor all the arguments whereby they may be seconded , seem sufficient , to awake them , from this dangerous slumber : the time was , when religion , as the most precious concerne , was also , the most endearing bond , of mutual alliance ; so that whereever it happened to be attacqued , neither distance , nor separation of other interests , did exempt , or excuse , from the common defence ; but men have long since , both in their hearts , and lives , cast it downe , from its excellency , and if there it hath lost its power , and influence , no wonder , that it be little operative on publick transactions : whether for this cause , the lord be now arisen to contend , first , with these united provinces , and thereafter with all the churches , is no doubt a question , which every man hath reason to move with trembling ; my hearts desire is , that as god by his dispensations , is threatning to punish , aswel by the lose of temporalities , sinfully overvalued , and abused , as by the removeal of his gospel , unworthily undervalued , and dispised ; so , his people may thence be warned , and instructed above all things , to seek his face , and peace , and thereby to engage him , to stand on their side , both on his own , and their behalfe , then shall the lord who waits to be gracious , exalt himself , that he may have mercy upon them , and joine his judgement to the justice of their cause , to scatter the proud & put downe the mighty , that men may see and say , surely there is a god that judgeth righteoush in the earth . but is it possible that matters standing thus , betwixt the french and dutch , and religion being so much concerned , in the event , the king of england should incline , to take part with the french , so manifestly contrair to righteousnesse and religion , yea to his faith , honour , and interest ? and really all these ( the maine , if not the onely determinations among rational men ) doe so directly oppose , and disswade this strange resolution , that , i sincerely professe , it is only from the surprise , and distrust of my reason , and not in the least from any purpose , to amaze men into my sentiments , that my wonder doth expresse itself , in this interrogation ; which , if any man doe still judge , to be an anticipation ; let him only forebeare what he censures ; and i hope , be shall be quickly satisfied . that i may therefore proceed clearly in this odd rancountre of affairs : although i doe heartily wish , that my supposition may never exist ; yet , seing it is the ground of the ensueing discourse , he who doubts its probability , may consider the following passages . first , the king of england his refusal upon the estats their just and reasonable demand , to give assurance for the performing of his part of the triple alliance . next , the known ordinary discourse of his court , pretending high provocations . . sir george downing , his late embassie , with the unusewall reserve by him practised , in the exposing of his demands , his sudden recall , and his refusing to receive the stats their answer , unto the memoire he had given in , about the flage . the straine of his majesties returne to this answer , when thereafter presented to him , whereby he plainly intimats his displeasure thereat , signifying that though he be willing to observe the triple alliance , yet he doth not judge himself thereby obliged , to suffer them to doe what they please , to his prejudice , nor to wrong their neighbours , in the matter of trade : asserting peremptorily , his soveraignity in the seas , and withal , demanding their positive answer , whether they will punish van gent for his not striking to his flage : and lastly the extraordinary correspondence entertained , betwixt the courts of england , and france , with their late treaty : the several millions of money it hath brought from france to england , & the designed expedition of the duke of monmouth , with some thousands of auxiliaries , into the french campaigne ; which passages being joined to the great and fervid sea preparations , wherein england is now bussied , doe in my opinion , sufficiently resolve , that the dutch are the marke whereat they are levelled , whether justly or unjustly comes next to be handled ? and certainly , if they have no other motive or end , then the french assistance , whatever injustice may be , in their causelesse invasion , or whatever detriment religion may suffer by their successe , doe fall upon the king of england , as an assistant , with higher aggravations , then can be fairly named , before that i doe first propose , and examine , the proper provocations , that he pretends : that , therefore reason and truth , may have their full exercise , and right , my endeavour shall be , to give an impartial and sincere , account of all , that fame or report hath hitherto communicat on this subject . that the king of england hath of a long time acclaimed , the soveraignity of the brittish seas , and therein also been universally acknowledged , by the formality of striking , is notour over all : and , as it is not my duety , willfully to diminish or impugne the former , so , the latter is expressely agreed to , by the dutch , in the last treaty of peace : but the difference at present , arising from this head , seems to be twofold , the first in matter of fact , viz. that the king of england accuseth the dutch , of an injurious affront , both against his right , and the late treaty , in as much as their fleet , under van gent's conduct , did of late , refuse to strike sail , to one of his jachts , bearing his flage . to which the dutch answer , that the kings right being drawn unto the treaty , for its better confirmation , it must thence take all its measures , and it being thereby only provided , that all dutch ships , shall strike to the king's men of war , in the british seas , as the cleare termes of the treaty in the art : thereof , and the quality of the jacht , being onely a pleasure boat , and no man of war , doe furnish a defence for what is past ; so , by their answer above mentioned to sir george downings memoire , they offer , that if his maj. will observe the triple alliance , they will still agree , that all dutch ships shall strike to his ships of war ; but the king not herewith satisfied , desires the estats , to be positive , whether or not they will inflict punishment on van gent ? as we have heard : the other branch of this difference toucheth the point of right , the king of england asserting peremptorily , in his above mentioned answer to the estats , his dominion , and soveraignity over the narrow seas , and the dutches , hitherto silently forebearing , either to debate , or consent to the claime : the next ground of provocation discoursed of , in the king of englands court ( for as yet it hath proceeded no further ) is the making & publishing amongst the dutch of certain scandalous pictures , and pamphlets , to the king's dishonour , whereof some , at least one , viz. the picture dedicat , and affixed by the towne of dort , in the stadt-house , to the honour of cornelius de wit , in memorie of his attacque at chattam , bearing the draught of the thing , with certain lines of elogy subjoined , ( all no doubt contrived with the lustre of advantages sutable to the designe ) licensed by authority , and the rest onely of privat authors , but publickely permitted , and of this kinde ( as is reported at court ) a pourtrait of the king of england , surrounded by some ladies of pleasure , bussied in picking his pockets , is most noticed , and talked of : the third pretense for war , intimat by the king of england's last answer , above spoken of , wherein he saith , that though he be willing to stand to the triple alliance ; yet , he is not thereby obliged , to suffer , either things prejudicial to his own honour , or them , to doe what injuries to their neighbours in matter of trade , that they think fit ; which last passage , is no doubt to be understood of the same innovations in trade , complained upon , by the king of france , his letter , as we have said : but what these are , is alike obscure in both , and remain's yet to be explained . this being the summe of what i have learned , of the king of england's provocation : their import , and merit , is in the next place to be weighed : to discourse then first the alledged incivility of van ghent ; i know , it would be thought ridiculous , for me to endeavour , to accommodat this mistake , by these gospel rules of simplicity , meeknesse , and divine goodnesse , to offer to square the actings of princes , and stats , in such emergents , by that deference , forebearance , and readinesse to pardon , held forth ; in its high and heavenly precepts , in prejudice of their grosse , and vain politicks , would be in the construction of these delicat spirits , and refined witts , ( which deceive themselves and others , to the foolish admiration , and esteeme of things of no moment , ) to trample upon the tender point of honour , and dissolve the noble frame of interest : neither shall i at this time further urge , the difference pretended by the dutch , betwixt a man of war and a jacht ; impartialitie must certainly graunt , that the refusing to strike to this vessel , ( if in the brittish seas ) which ten yeers agoe the dutch had not scrupled to honour as a man of war , and not much above a hundred yeers , might possibly have served for their admiral , could onely have flowed from their late successe , and elevation ; but as it is aboundantly evident , that , nothing save a fatal misfortune , could engage either party , to forme a quarrel upon this only occasion , and that without the influence , of far different considerations , the king of england would not therein , have shewed himself so uneasie ; so , it must be acknowledged , that in so light an offence , not destitut , at least of a colourable excuse , the dutch their offer of good performance , for the time to come , is as much as in reason , can be expected : the next point that occurres , is , the king of england's soveraignity , over the brittish seas , whereof at present he appeares to be very jealous , and questionlesse if his majesty doe not content himself , with the formality of striking , as his sole prerogative , but holds it only for a marke of due recognisance , asserting withal , his soveraignity indefinitly , as to all effects , that such a title may import ; it 's value , doth not more deserve his jealousie , then it's consequences may justly , excit all , to inquire into his pretenses . i shall not here table the debate , an mare sit liberum an clausum , the reasons of those learned men , who have managed it , pro and con : doe , in my opinion , very happily compose it , in this reconciliation : that , as the nature , and end of the seas , doe plainly appeare , incapable of dominion , so , in as far as they are destined , and doe serve , for common use , the expresse or presumptive consent of one people , may qualify , restrict , or renounce the same , in favours of another ; and , thus we see , that wherever dominion over particular seas , are acclaimed , their effects are not onely precisely limited , but almost every where different , so , to one is given thereby the sole benefit of fishing , to another a certain tribut , to a third the power of jurisdiction , and so forth to every one , as restrictedly to the condition of his right , as to its respective bounds , either of which , if the owner should happen to transgresse , his dominion would be in so far , reput , an insignificant plea ; so that this maritime dominion , not being of the nature of terrene propriety , of it self absolute , unto all intents , ( unlesse diminished by law or the owners concession ) but meerly , a certain priviledge , or servitude , established by consent , in that which of it self , is , as the air , reserved for common use , it 's evident , that the consent , and possession , which constitut the right , doe in like manner define it's extent : and that upon the pretext of some particularities conceded , to arrogat an unlimited soveraignity , would , both in reason , and in the event , prove an insupportable usurpation . hence it is , that for all england's glorieing , in this , our dignity , and for all the power , ( wherewith no doubt , we both did acquire , and doe continue it ) yet , it hath not to this day , been further recognosced , even in the channel , ( it 's principal seat and subject , and where it hath alwayes affected it's maine parad : for as to the other brittish seas , which are onely , the neerest circumambient parts of the wide ocean , the law of nations doth onely attribut to england its common priviledge ) then by the bare ceremony of the first salute ; neither in the last treaty , wherein the king of england was greatly concerned , and no lesse solicitous to cleare this title , was there any thing else agreed unto , as i have already marked ; and without all peradventure , if his majesty in the conceit of his dominion , should once offer to exert it , though but in very ordinary effects , such as the assuming of jurisdiction , or imposing of tribute , whereof the sound and adriatick do exhibit cleare precedents ; he would soone be made to understand his error , not onely by the reclaming dissent , but also , by the vigourous opposition of all his neighbours : i might insist to disprove this pretense of an indefinit dominion , from the far more rational judgement , of the ancient romans , who not only reckoned the sea with the air , inter ea quae sunt nullius ; but , though by reason of the encircling of their vast empire , they might have acclaimed , even the whole mediterranean sea , jure diverticuli , & in many parts thereof , had indeed several powers , and priviledges ; yet , were they so far from captating this vaine and groundlesse title , that one of the greatest emperours , begins a rescript , with relation to this same subject , in these words , ego quidem munai dominus , lex vero maris : thereby manifestly holding forth , that , as he judged it incapable of dominion , so it 's unstable nature , and common destination , could only be regulat , as to humane concernes , in so far , as law , and consequently , condition or consent , did determine : from all which , i conclude , that as the dutch , doe fully satisfie , all that in justice , the king of england can demand , by their offering to strike , conforme to the last treatie , and have good reason to repugne , either to his indefinit soveraignity , or any further preheminence , for which nothing anterior to the said last treaty , can in reason be obtruded ; so , his pressing them further , in this affair , is , both captious , and unjust , and he might upon as good grounds , refuse them the liberty , of a free passage in the channel , as exspect of them a consent , to adominion , which if not cautioned , by a particular explication , might assuredly be thereto extended . the second ground of offence mentioned , is , that of the scandalous pictures and pamphlets : but as every sober person , may justly apprehend , that , that prudence , which often adviseth a connivent dissembling , of things of this nature , at home , will far more restraine , any such contentious inquiries , as may advance unto a challenge abroad ; so , in case it should here prove too feeble , for the provocation pretended , it is evident , that only such of those pictures , and pamphlets , as are indeed injuriously reproachful , and are licensed , or openly countenanced by the stats , their authority , can warrant the king of england's charge ; by which rule if any man please to examine , the above mentioned condescendence , he must of necessity rest satisfied , that on the one hand , the picture dedicat to de witt , being onely a true , and honourable representation , rej gestae , containing nothing more , then the most ordinary , and easie reward , and encouragement of heroick atcheivements , and consequently free of all shaddow of reproach , and on the other hand , that picture of his maj. with his paramours , being at most ( if any such thing was at all ) a wanton privateer timeously enough suppressed , when noticed , and so not chargeable upon authority , until once questioned , do no wayes amount to a sufficient verification ; whether there be any other pictures , or what there may be in those pamphlets , i must confesse , that for my own part , all the matter of this article doth appeare to me so light , and slender , that my curiosity hath not hitherto been tempted to an inquiry : this onely i am assured of , that if injuries of this kinde may be compensat , by a counter-charge , the dutch may quickly ballance this account , the english disdain of the dutch is an infinit theme : it 's true , either its excesse , or some other cause , hath hindered it , to shew it self , in the ingenuousnesse of pictures , and the like phansies ; but he who judgeth this , to be a want , may easily finde it supplied by ane immense overplus of pride , and contumelie , in their discourses , and descriptions of that people , both old and late : one thing i may further adde upon this subject , that for that picture instanced of the king of england , and the ladies , even interest and policy seeme to absolve the estats of any advice to the painter , or other accession unto it . the . ground of provocation , intimat by the king of englands last letter to the estats , is , that his majesty thinks himself not bound to suffer the dutch , to do what injuries they please to their neighbours , in matter of trade , which if we consider , with a respect to the king's acknowledgement , of the triple alliance , and with this onely import , as if he did not judge himself thereby bound , to concurre with , and assist the dutch , in their injustice , is no doubt fair & righteous , & when made out , cannot but excuse him , to abandon the dutch , in any such unequal controversy , they may fall into with the french , or any other ; although , whether it may , in like manner , warrant him , to passe froma neutrality , and take part with their adversaries , when there appeares no ingagement of his own proper interest , may still remaine a question : but seing the circumstances , and whole straine of that letter , togither with it's coincidence with the king of france , his complaint of the dutch innovations , doe visibly hold forth , a quit other tendency , in the expression , and in plain english , that his majesty presuming upon his soveraignity of the seas , or some other ground , known to himself , would have the dutch to submit to his arbitration ; upon whatsoever difference , the french may alledge : such an officious interposing , without so much as the pretext , either of a solid title , or real occasion , is palpably void of all colour of right ; so , that in effect , the challenge here couched , in place of a declaration of a just offence , doth only exhibit , to the construction of ingenuitie , his majesties compliance , with the french resentments , and his resolution , to second their armes just or injust , and procure their satisfaction : as to the innovations , or injuries in trade , generally hinted at , when their majesties , are both so reserved , who can be expresse ? the increase of the dutch in this matter , is indeed very extraordinary , both to the prejudice and envie of all their neighbours ; but , seing it is so assured , that all the dutch their advantages in trade , are the pure effects , of their own greater industry , and sobrietie , that neither of the kings have as yet , thought it fit to acquaint the world , with the particulars of their complaint , it is cleare that these murmurings , so like to the repineings of profuse debauches , equally covering and lazie , to the proportion of their immense riot , against men of vertue , and diligence , can never amount to a justifiable quarrel : i know , injuries in the remote parts of africk and asia , have been discoursed of , and in special , that the dutch doe there , either secretly instigat , or by compact , oblige the natives , to exclude all others , and principally the english , from commerce in their bounds , ( and this was also the great pretext of the last war ) but , whither this be only an invention , simulating to come from far , the better to cover it's groundlesse contriveance at home , or , that the dutch by a more happy , and dexterous addresse , in these many lawful wayes , and methods , that may be practised , doe indeed prevail , and carry the affection and trade of these countreys , to the neglect and dammage of other adventurers , i am not inquisitive ? onely , as there hath not hither to been given , any satisfieing information , in matter of fact ; so , i am very confident , that if artifice , and covetousnesse , were sufficient , to compasse such a priviledge , neither english nor french , in these parts , had been at this day , short of those , at whom they thus unreasonably grudge : i need not here much notice , the grievance talked of , by some , against the dutch , for their excessive transportation of gold and silver , to the east indies : that the thing is an abuse in it self , draining europe , of it's best substance , to the languishing of trade , and arts , and the occasioning of many miseries , and that in such a measure , as even the treasures of america , which europe hath lately devoured , are not to be known , but , it 's leannesse rather greater , then before , and for no better returne , then that , of spiceries , drugges and other the like superfluities , is , too too visible : neither can it be denied , that the dutch , their east indie company , who suck our much of the substance of europe , as the english their company doth impoverish all england , are , deepest in the transgression ; but , seing , beside what may be alledged , from the absolute power , and liberty , competent to every prince or state , in these matters , the restraining of this evil , is so far from being the ground of the controversie , that on the contrair , the contest , is much animat , by the envie at , and desire of the same pernicious profit , it is evident , that the king of england's plea is nothing thereby bettered . having thus weighed and rejected the king of englands proper pretenses , i am sorry , that such a soul conclusion , doth so fairly present , viz. that , his majesties present concurrence with the french , against the dutch is , not onely a manifest partaking with them , in their injustice , and violence , but accompanied , with such circumstances , as doe render the accessory , an hundred fold more guilty then the pall : which that i may more distinctly explicat , i shall breifly reduce , what remains , to the heads proposed , viz. that this assistance , of the king of england , is aggravat on his part , from no lesse opposition , then that of religion , faith , honour , and interest : the dearest and highest of all concernes . and first for religion , it is evident , that it's disswasion , cannot be called in question , by any , who doe not doubt his majestie to be a protestant ; for , seing the truth and protestant cause , are unavoidably threatened , by the french successe , what rational man can think , that a protestant prince should second them , in the interprise ? and really , the connexion of these things , is so obvious , that , it cannot but be grievous , to all his majesties wel wishers , to heare , and understand , how , that his present proceedings , have so much every where brought his affection to this interest , under debate : i need not here mention , the specious title , that he assumes , of defender of the faith , it's engagements , hitherto , have proved so insignificant , that such as before did hesitat , doe now begin to say openly , that his resentment of gratitude , toward the sea of rome , that conferred it , do in effect seem to preponderat all it 's reall import , and that henry the eighth his scribling against luther , which procured him from the pope this title of the faith's defender , was not in any proportion , that way so considerable ; as charles the second his present arming against the dutch , may very justly entitle him , with all true protestants , to be the faith's betrayer : whether he will hold on the paralel , and disappoint all appearances and their feares , as the same henry did the pope his author , the event will testify , and that he may , is my hearty desire ? the next head that prohibits this apprehended assistance , is , that of faith , and in this togither with the more common assurances of humanity , christianity , and protestanisme , doe conspire the special engagements , both of the late treaty , and triple alliance , whereby , the king of england , and the estats , are expressely bound to keep true , firme , and inviolable peace , and neerer , and stricter alliance , and union , from that day foreward , &c. all which , if he should now breake , strangers may indeed exceedingly wonder : i say strangers , for as for us , his subjects , sad experience hath aboundantly instructed us , that all our part in this matter , is , to wish , that where neither religion nor faith have availed , yet at least common honesty , and good fame may be prevalent . the third disswasive that offers , against this concurrence , is honour : and certainly , where religion and faith doe claime so great a part , honour cannot but have a very large share ; but because these succumbeing , no doubt their concomitant will evanish , as a shaddow , it doth therefore present , upon a distinct ground , and pleads from its own peculiar merit . that the english nation sometimes masters , and ever equal to the french , should not now , be degraded unto a base and mercenary subserviency , it vvould be of moment , vvith a generous person , to suspend , even a real , let be , a groundlesse provocation , rather then to resent it , snakeingly , against his partie , under another's disadvantage ; but , neither can policy be exacted to these rules , nor doth the present case stand upon such a punctilio : our substance and power , with the noble ascendent , that the genius of this nation , hath alwayes had , over that of the french , do upon more solid grounds , equally disdaine , both the switzers service , & munsters hire , and that the king of england , should become a pensionary of the french king , is a novelty , that hath hitherto had no precedent : but it may be said , that however we may thus calculat , on the one side ; yet on the other , if we remember the bussinesse of chattam , and the dutch their late exaltation , these cannot but chock every true english heart , and to such at least , as are tenderly sensible of this delicat point of honour , excuse us , to embrace any occasion , whereby we may soonest , and best , retrive that of our nation , unto it's former splendor : i graunt indeed , that , that affair of chattam , was a high affront , turning in effect england's glory , & the worlds terror , unto the contempt & scorne of a feeble defence , and in our estimation , delivering , what was as neptun's throne , to be dragged in triumph , by poor distressed fishers ; so , as i suppose , that it may be truly affirmed , as the fairest account of his majesties displeasure , that his resentment of the chattam-attacque , is at the root of all : which as on the one hand , it hath been notably improved by the french caresses , wherewith it is known , that they have plied , both his majesty , and his favourits , at all points : so , in all probability , the envy of the dutch prosperity , the irritation of van ghent's goe-by , and the opportunity of the french invasion , with the temptation of their money , have heightened all other grounds of misunderstanding , and advanced the indignation unto this present menacing posture : and thus i confesse things may stand , on the king of england's part : but , seing the surprise of chattam , was on the dutch their part , a fair act of hostility , rather advanced , then obscured , by the treaty , begun with the warning of an expresse proviso , of no cessation , it cannot but be graunted , that all these circumstances of his majesties disgrace , did onely redound , and accumulate , to the dutch their honour ; so , that now , after the thing is voided by an ensueing peace , and so long after , to meditat the revenge of that , which we had neither the providence , nor courage , in it's season to have prevented , nor perhaps durst yet notice , if the conjunction of the french , did not thereto prompt ; besids it's injustice , is an impotency , more shameful , then the cause that provocks it : nay when i reflect upon the dutch , their then successe , togither with that pusillanimitie , and distresse , that appeared in our court , and that confusion and consternation , which at that time , did seise not onely london , but the whole nation , and withal consider , how little the dutch did presse these advantages , either by an irruption into that feareful breach , continuance of the war , or shewing themselves more uneasie , in the dependent treaty , i cannot but judge , that the dutch their so singular moderation , and disposition to peace , when england was in its lowest state , ought to be a most powerful mitigation , and utterly to efface all rancour against a people as generous in their carriage , and condescensions , as valarous in their atcheivements : as for the goe-by given by the dutch vice-admiral and fleet to a pitieful pleasure-boat , it is allready examined . the fourth and last head , that opposeth the king of england's resolution , against the dutch , is , that of interest : and this indeed is so much the more to be pondered , that not onely for the most part , it hath the greatest sway in humane affairs , but in this present bussinesse is in effect , the cheife inducement , wherewith many of this nation flatter themselves , and would delude others ; for , seing , that the dutch , are the only people , who can compet with the english in naval forces , and that of late , they have in a manner rendred themselves masters , of the whole trade of the world , to the prejudice of england , and all others , and thereby doe alone hold the ballance , against us ; it , must of necessity be graunted , that the dominion will prove england's exaltation : and as to the feare of too much aggrandizing france's naval strength ( for as to their power by land , while england retains the command of the seas , it is not to be reguarded ) it is aboundantly excluded , both by the assurance we have , of the dutch their readinesse to accept of peace , at our pleasure , and of the french their remedilesse want of seamen , and their nurseries , wherewith england is so richly stored : but , though this reasoning , doth appeare plausible , yet , how quickly is it dashed , by this one short , and obvious supposition , what if the english fleet be beaten ? which as the righteousnesse , and omnipotent power of the great god , the lord of hosts , the injustice of our cause , and the dreadful wickednesse of the land , the judgements of plague , sword , fire , and wasting consumption , which we have already felt , without repentance , his majesties motto jer. . . which hitherto hath not failed , and the injury offered unto the dutch , with their inclination to peace , and forced necessity to war , doe render many degrees more probable ; so i am sure , that the known distractions , and greivances of the nation , oppressed , by both court and parliament , and yet these two divided one against the other , the strange difficulties , and courses taken , in the out-rigge of the present fleet , perverting right , and starving trade , by the stop of the exchecquer , and trampling upon the nations honour and interest , by that base and dangerous supply from france , doe thence portend most sad and funest consequences , and these , so much the more assured , and terrible , that they seem infallibly to depend , not on the disasterous successe of a long war , but on the very simple miscarriage of the first rancountre , and if thereby all the flatteries of our vaine hopes , be not infinitly overballanced , let all sober men judge . but not alwayes to ominat the worst , admit we doe overcome at first , doth not our late experience , sufficiently teach us , that we by our courage , may gaine fights , and yet by reason of want of stock , lose and be inferiour in the war : next , when we are superior in the war , where are our solid advantages , and who can finde out , and establish that midds , whereby , neither the french on the one hand , shall reap too great benefit , by the dutch their ruine , and so be rendered a more powerful competitor ; nor the dutch , on the other , recover all their former habitudes , and successe in trade ; seing in effect , both their present increase , and our decay , are from causes altogither inward , as we may heare ? thirdly , doe we willfully shut our eyes ; and will we not understand , that the french , first with the dutch , and now with us , will againe tack about to the dutch , in case , that we do prevaile : and this leads me to wonder , at the emptinesse and insignificancy of the consideration , opposed to the just feares of the french their rising greatnesse : if the late extraordinary beginnings of their sea forces , do not convincingly assure , a sutable advance ; yet , their kings first joining with the dutch , to quash and weaken the english , and now turning to the english , to suppresse the dutch , may palpably discover his designe , either to be himself master of both , or at least , to suffer neither of them , to overtop him : now as to the nurseries we boast of , the thames , our far more happy side of the channel , new-castle trade , and forraigne plantations , are no doubt brave conveniencies ; and yet a man may well think , that the french , their many sea ports , and rivers , great trade , and also plantations , with their money that answers all things , may in short time , become more then equal : while spain had the ascendent , the maxime for the english and dutch , was , in the embleme of two bottles , swimming together , with their motto : si concutimur , frangimur : that it should be antiquat , upon the french their far more formidable prevalency , i wish the event do not too late discover the error : o how happy might the english be , if but wise , to advert , how that their recovery of trade , strength and riches , could not possibly misse , by a far more easie expedient , and that in brief ( for i may not enlarge ) consisting , in the simple reforme of three things , viz. first , of our excesse , in respect of the dutch frugality , who by their sobriety and hard fare both by sea and land , do evidently facilitat both manufacture , and transport , to the underselling of all others , and the great advancement of their gaine . of the luxury of our court , vvhereby thousands , specialy of the youth , are debauched , from all vertue , and those summes , vvhich might be a great accession , to the trading stock of the nation , turned out of that channel , to the maintenance of prodigality , and that beggarly villanous traine , vvherevvith they are attended : and , of our church & clergy , by vvhose jealous persecutions , irreligious neglect of their office , & sacrilegious consumption of their benefices , and church livings , so many sober persons , have been , and still are , ruined , or discouraged , so much vice and idlenesse continually fomented , and so great a treasure of money improfitably imployed , and wasted . but though the words of wisdome are all in righteousnesse ; yet , knowledge is onely easie to him that hath understanding . i might here further adde , how far more glorious and profitable it would be , for the king of england , in this conjuncture , to show himself protector of the protestant cause , and thereby , not onely gaine the more cordial and intense affection , of all his subjects , and the esteem and honour of all the reformed nations , and churches ; but more powerfully binde the dutch , to all his reasonable demands , to containe himself in peace , and let his subjects , so much the more plentifully gather it 's sweet fruits , while others in their miserable contendings , doe neglect them : and lastly , to hold the ballance , and in its season absolutely umpire it , amongst all his neighbours , when wearied , and broken by wars , to the restoring of peace , setling of right , and the high advancement of the interest of the english nation : but who is so blinde as he who will not see ? his majesty is abandoned to his humors , and the solidity of the english nation , that hath ever had a very sound discerning and noble misreguard of the airienesse , & instability of the french , is at present , exposed , by the cheat of their complements , to the worst designe of their policy . the dutch , to gratifie the king of england , have , of late , advanced the prince of orange , and he who questioneth the ingrediency of this motive , i am sure , may quickly be satisfied , by an easie reflexion , upon the late prince his odd extravagancies , and what ensued ; this prince his relation to the king of england , with the influences , that thence may be feared , and the tempting occasion , that the continuance of such a command , after the wars , may give ; yet , is not this like to prove a diversion : it is further certain , that the generality of his majesties subjects , both from the conviction of the reasons above exposed , the increase of grievances , which they begin to feel , and the visible insolency , whereunto a restlesse popish party , in our own bowels , are already encouraged , doe , from their heart , equally detest the french conjunction , and dislike this breach with the dutch : but neither is this a more promising disswasive , so that after all the serutiny i have made , in this affair , i must professe , that by such a combination of most important , and evident disswasives , my thoughts , in the apprehensions of this fatal war , are quite run up to this one , for a rest , that the thing if it fall out , is from the lord , and what he hath determined will quickly appeare . it remains now , for conclusion , that i at least name the duetie , to which all this discourse hath so full and fair a tendency , and that all the lovers of truth , his majesties , and england's wel-being , would be earnest with god , to turn the king from this evil course , and direct him , unto better counsels , is , i am sure a warrantable , seasonable , and loyal part ; but if god in his holy providence shall permit him to proceed , his authority , cannot warrant our obedience , unto such a sinful concurrence : i know , that of late , that apostolick position , it is better to obey god then man , hath been much decried , as fanatick , and seditious , and that for me to insist on such an exhortation , would be derided , by many , as vain and ridiculous canting : but , however men receive it , i am sure with the apostle paul , that the judgment of god , is according to truth , against them which commit such things , to render tribulation and anguish , unto every soul of man that doeth evil , to the subject as wel as unto the prince , and that with god there is no respect of persons : neither is the insufficiency of this plea , of the authority of princes , in opposition to the law of god , yet to be determined ; ephraim but walked willingly after the commandment , yet was he therefore oppressed , and broken in judgement . the time was , in england , when men , rather then to betray their civil liberty , to the will of arbitrarie orders , did chuse to suffer the imprisonment of their persons , and ruine of their whole estats , when , they might have redeemed both , by a very small voluntary payment : shall we then now , so far degenerat , as not only to give our moneyes , and estats , but surrender , and sacrifice our blood , lives , and souls to the carrying on of an unjust war , against both religion , and righteousnesse ? god forbid : now if it be asked , what then should we do ? i am no furious fanatick , my answer is plain and safe , onely sin not , by any direct accession to this unrighteous war , and if ye therefore be put to suffer , remember , that , blessed are they who are persecuted for righteousnesse sake , for their's is the kingdome of heaven , and he is also faithful who will not suffer us to be tempted , above what we are able : but if men say , nay , but we will obey our prince , be avenged upon these insolents , recover our honour , and restore our trade ; let them be doing , and be strong for the battel , god may make them fall before the enemie , for he hath power to helpe the injured , and to cast downe the proud : once more , therefore , be warned , and remember , and feare , lest if ye still doe wickedly , ye be consumed both ye and your king. postscript . after i had digested the foregoing discourse , i confesse the evident improbability , of the king of england's grounds , did make me subsist in the conviction , that , either i had superfluously laboured , to prevent a vaine feare , or at least , might expect , some far more weighty reasons , then any i have mentioned ; but behold , a new surprisal both to me , and all that heare of it . the dutch menaced by the french kings power , and forces , are not only willing to comply with all reason , for the establishing of a good understanding with the king of england , and the obtaining of his favour ; but , by a new embassie and very obliging proposals , are courting him , if he cannot keep faith , and the late alliance , at least , to the safe and advantagious part , of a fair neutrality ; when on a sudden , his men of war , are sent out , and in open hostility , set upon the dutch merchants , returning thorow the channel , looking for no such thing , but on the contrair , wholly amazed at the rancountre , and there sink , and take what they are able : now , when , or where was ever the like heard ? that the king of england , a king , and a great king , a man in appearance , and a christian by title , and a protestant by profession , should not only , contrair to all the manifest reasons above adduced , combine to assist the french , and popish armes , against an oppressed protestant state , desirous of nothing more then peace , and quiet : but become himself the first invader , and that in plaine piratick violence , without any preceeding denunciation of war. i shall not now repeat any thing that i have said , nor in effect add much , in a matter so palpable to the meanest discerning , it is certainly a matter of sad regrat , to see both our court thus wheedled by french illusions , and againe the nation forced , and driven , by the courts influences , to become the principal party , in a war , wherein , their assistance was more then was expected , and hounded out , to the first attacque ; whereas their instigators resolutions , were not published : if ordinary reason did not suffice , to governe our passion , yet a man may well think , that at least our experience , and knowledge of the french their politick and safe procedoure , in their last assistance promised to the dutch , might have restrained this precipitation , which i am sure , is so absurd , and ridiculous ; that if the french should also hover ( though that is not now to be supposed ) and suspend for this yeer their invasion , in the pleasant observation , of the happy successe of their designes , in the mutual contentions , and ruines of the two nations , in whose overthrow , they must apprehend their advantage to ly ; nay , in the end , should lend their hand , to setup the dutch ( if brought under ) for continuing the war , it would undoubtedly prove , as much their advantage as recreation . but suppose we would on any termes fight the dutch , are we indeed so blind with rage , as to have omitted the premising of a publick declaration , which in such a case , the law , and custome of all nations , and ages , doth manifestly require ? or if the equity of this promulgation , founded in that cleare rule , omnia prius experiri quam armis sapientem decet : and confirmed , both by reason , and the law of god , deut : . , could not move , yet , should not the positive necessity of this formality , as to the honour and effects , at least , of a solemne vvar , and for hindering the soveraigne of the seas from becoming the archest of pyrats , have prevailed upon us ? i graunt , it had been a difficult task , to have said any thing handsomely , let be reasonably , on such a subject ; and yet , on the other part , i am confident , that if some remains of natural shame , had not opposed an expresse confession of our folly , and vvickednesse , vve vvould rather have ventured upon the vvorlds lighter censure , then incurred their detasting horrour . but vvhy do i inlarge ? or vvhat do i exspect by reasoning ? nay , quid vota furentem , &c. that the dutch their small lose , through this treachery , is infinitly compensed , by the gaine it brings , of all other nations favour , and an accession of as much more confidence in god , and firme courage , as the king of england hath added of dishonour to his violence , is too too evident : how much more it may excit my countrey men to the dueties , whereunto i have exhorted , i leave it to the perswasion of the thing it self , which needeth no words either to illustrat , or enforce it . ambrose tells us of the primitive times , julianus imperator apostata , babuit sub sa christianos milites , quibus cum dicebat , producite actem pro defensiane ret publicae , obediebant ; cum autem eis dicoret producite arma , in christianos , tunc agnosceb●● imperatorem coeli : which passage , doth here so exactly quadrat , as i am assured , that every one , who reveres the same great god , must acknowledge its force . but our god is in the heaven , he will do whatsoever he pleaseth . a more particular reviewe of his majesties declarations for his war with the dutch , and indulgence to tender consciences . observing in the postscript to my former , that the king of england had taken up armes , i thought , that there i had also laid down my pen ; but since it hath at length , pleased his majesty to appeare in print , in a declaration of war , against the stats general , &c. and likewise in an other of indulgence to all his loving subjects ; their relation to my former discourse , hath likewise inclined me , to a summar reviewe of both : and because the war is now certain and formed , i suppose it may conduce , to a more satisfying understanding of the whole , that by way of preface i briefly resume it's progresse , unto the present period . there are not yet many moneths past , since the dutch , of a long time threatned by the french king , his preparations , and approaches , did solicite the king of england to their aid conforme to their alliance , which though by reason of former resentments , and late displeasures , was indeed hopelesse ; yet , most men thought , that the singular benefit of peace , in the midst of our neighbours wars , the greater likelyhood of the dutch their condescendence , and submission , in the hope of reliefe , then in desperat hostilitie , with the assured satisfaction , either of an easie revenge , upon the dutch , continueing refractory , by the hand of the french , or of the advantageous glory of umpireing it betwixt both , would undoubtedly determin us , to subsist , in an attentive , and well prepared neutrality ; but the french their addresse , and advance , prevailing upon our inconstant passions , and debauched penury we proceed , notwithstanding of the genius , inclination , and interest of the nation , and the dissvvasion both of reason and religion , to ballance to the french assistance ; vvhich vvas the occasion of my first discourse : and neither in this shevving more fixednesse , the precipitancy of error and fury still driveing , vve on a sudden , in the very time , that the dutch had sent an extraordinary ambassadour to propose their utmost condescensions , for appeasing us , vvithout any promulgation of vvar , fall upon the merchant ships , returning , & striking to us , in the channel , destroying and taking all we could , as i have remarked in my foregoing postscript , and thereafter we emitt the declaration of war , which cometh now to be examined : wherein ( suppressing the date , as being ashamed to confesse our anterior piratick violence ) his majesty , beginning with the attestation , of his own zeal , for the quiet of christendome , hopeth , that the world will beleeve , that it is inevitable necessity , forceth him to armes : i shall not question the truth of his majesties confidence , in this insinuation ; though i heartily wish , that he could have appealed to some more known , and credible proof : he tells us indeed , that after his restauration : ( which was in the yeer ) his first work was to establish peace with his neighbours , and to conclude a strict league with the dutch : but as this was at best , nothing more then a convenient formality , in such ane exigent ; so , we know too well the horrible subversions , and persecutions , wherein , contrair to his solemne oaths , and promises , both old and late , he was at that time exercised in , at home , to conclude from this his short and necessary abstaining from forraigne disturbances , that reguard which he pretends for christendomes quiet . as for his sudden rupture with the dutch , in the yeer , he foreseeth the objection , and would lay it upon the parliament , moved thereto , by the dutch their injuries , and oppressions , and justifieth it , by his preceeding endeavours , of a reasonable accommodation ; but will the world receive this naked affirmation , when as it neither then had , nor is it ever like to have , a distinct , let be a satisfying account , of that matter ? and even england is convinced , that nothing save a maligne envy , influenced , by the sinistruous designes , of a corrupt minister , and a vaine royal company , did pousse us on , to that extravagance , and with what tendernesse of christendom's peace , we in the prosecution thereof , hired the bishop of munster , to a land invasion , needeth not my pen to make it be remembred : as for the shameful , and disastruous event of that war , i should not have mentioned it , the dutch their braving it , upon our coasts , in the end of the yeer routing our whole fleet , in , sole masters of the sea , infesting our ports ( to the very beseiging of the nation ) firing therein our best ships , and leading our charles in triumph , in the , are things too sad , and recent , for a true english man , to think on , without confusion and blushing . but seing his majesty is pleased , to say , that his victories , and the dutch losses , were memorable enough , to put them in mind of being more faithful : i cannot but regrat , that the nations , from such a reference , should have such ample ground , both to condemne us , upon our owne allegations , aud flout us , for our vaine effrontry : but to let passe this pitiful transition , we are in the next place told , that the last peace was no sooner made , but the tutch returned to their use of breaking articles and supplaenting our trade : as for instance foresooth , the stats were particularly engaged , by an article of the treaty at breda , to send commissioners to london for regulating of the east-indie trade ; but they were so far from it , that on the contrary , our ambassadours were by them slighted , and no forebearance of farmer wrongs obtained . a man might have thought , that such ane open challenge of perfidy , and fraud , would certainly be followed , by a weighty and liquid condescendence , and that in place of the accidental misgive of a meeting , not peremptorily appointed , instance might at lest have been made , in some on or other , of those wrongs complained of , specially , seing , that his majesty , in the bussinesse of surenam , is very positive , and in another lesse material particular , even to the noticing of pictures and meddals : but the truth is , there are no wrongs , that we could alledge ; all our old pretensions , though in this declaration , several times remembred , were buried in oblivion , by an expresse article of the last treatie ; and since that time , none have occurred : besids , it is so notour , that all the dutch their advantages , in point of trade , which we terme wrongs , do proceed directly , on their part , from their sobriety , and industry , and on england's part , from our idlenesse , and luxury , that men should be ashamed , by such groundlesse accusations , to discover their invidious murmurings : what further remains here , in matter of fact , the stats will , no doubt , fully cleare it : one thing i may adde , that , as the printed articles referred unto , do onely beare , that both parties were content , that commissioners on both sides , should meet , as soon , as might be , after the peace , for the regulating of commerce , and navigation , and do neither mention london , for the place , nor the east-indie trade , for the subject ; so it may easily be supposed , that for any other appointment , of this nature , that might have been made , the stats have either been alwayes , willing to keep , or were at present , able to excuse the delay , & ready to observe any new appointment , upon demand . from this his maj. goes on , to accuse them , of another breach , in the west-indies , about the restitution of surenam ; and truely , he is in this so expresse , and plaine , that as his passing from it , to more uncertain alleagances , and on these rather stating the present controversie , gives me a shreud suspicion ; so , the businesse consisting mostly in fact ; i intirely referre it , to the stats , their answer : who , i am sure , will thereto returne a direct , and undeniable contradiction . but it 's no wonder ( saith his maj. ) that they venture at these outrages upon our subjects , in remote parts ; when they dare be so bold , with our royall person , and the honour of this nation , so neer us as in their own countrey ( boorish animals , in the conceit of their popular soveraignity , forgetting the respect due to soveraignes ! ) and there almost every-where setting forth abusive pictures , and historical meddals , and pillars some of which , have been exposed , by command of the stats themselves even when we were united with them , in counsel , for the support , of the triple alliance i have been already , so full upon this objection , that here i need add nothing ; let the matter be thorrowly searched , and i am persvvaded it vvill be found far more disgracefull , in this unvvorthy , and impotent resentment , then , in all the malice of our adversaries ; & as this complexed quarrel , doth unquestionably resolve it self , either in the contemptible luxuriancy , of petulant witts , which the stats did never daigne to notice ; or the warrantable commemoration , of laudible atchivements , which they may very justly own ; so , certainly , the most noble redresse for the future were , manfully to remove the occasion , or at least despise the scorne , which our feminine weaknesse , hitherto , hath so plentifully furnished : and hence is it , that , although his majesty doth judge , that this alone , were cause sufficient of his displeasure , and his subjects resentment ; yet , not being ignorant of the advantages given , and knowing well , that englands glory , was of late , so highly advanced , under a sober and solid government , ( though both usurped , and odious ) as that the alterations , which now expose us to contempt , cannot be made any just ground for engageing us , into this war , he doth not rest upon it ; but ( saith he ) we are urged by neerer considerations , and the safety of our trade , the preservation of our subjects abroad , and the hollanders dareing to affront us , almost within our ports , are the things which move our just indignation , against them : and as to the first two grounds , though , his majesty doth adduce nothing , not before answered , to demurre my progresse ; yet , when i consider , the mortal repugnancy of war to trade , and safety , the sensible grievance , and retardment that the former hath already suffered , by the late stop , on the exchecquer , occasioned by our preparations , and the many other burdens , losses and distractions ; wherewith , war is necessarily attended ; i cannot enough admire , by what artifice , our present methods , can promote our designes : i reguard not justice , or injustice ; if even by killing , we could hope to possesse , it would in some measure , satisfie ; but in this event , the french , so manifestly present , as i am forced to say , that unlesse his majesty intend , as the plague doth , to encrease our trade , and riches , by diminishing the number of the proprietors , and minde our preservation , by hideing us , in the grave , and deepths , lest we should live to see our selves miserable , i see no other possible issue , of these his specious incitements : but , their dareing to effront his maj. is , the thing , we can least digest : the right of the flage , was one of the first prerogatives , of our royal antcestors , and ought to be the last , from which , this kingdome , should ever depart ; it was never questioned , & it was expressely acknowledged , in the treatie at breda , and yet , this last summer , it was not onely violated , by their commands at sea , and that violation afterward justified at the hague , but it was also represented , by them , in most courts , as ridiculous for us , to demand : although , i have said so much already , on this subject , as is sufficient , to free the dutch from all breach of treaty , and more then enough , to make it evident , to sober impartiality , that the offence is rather fansied , and imaginary , on the part of the complainer , then really given , by the party complained of ; yet , since his majesty will needs fill the world , with a noise , about this nothing , that the cry of the injustice of the war , may not be heard , and will by the force of imagination , magnify it , to the height , and quality , of such an insufferable injury , as if it alone ( if not expiat with the blood of the offender ) were more then sufficient , to drive him to the sad and inevitable necessity , of covering the ocean with ships , to the emptying of the nations treasure , & dying the sea with the blood of his subjects , to wipe off the staine of this affront ; i am necessitat to take up ballance again , and weigh the just import of this provocation : nor doe i preoccupy the judgment of any , if i premitt this , to what upon the most accurat , and impartial search , i have found , that , whosoever weighs this deed , in the ballance of sound reason , must be forced to say , that nothing save implacabile malice , could have seduced any , to have laid it , in whole , or in part , as a foundation , on which , the weight of such a war , was to be laid : if any judge otherwise , let him , for satisfying himself , consider these things : first , that , whatever past in this rancountre , betwixt his majesties pleasure-boat , and the dutch fleet , was so far from being done almost within his majesties ports ( as is affirmed ) that , it was not within the brittish seas , the place , to which alone , the treaty tieth expressely , the dutch , to this formality of striking to our men of war ; for , at this time , the dutch fleet , were riding at anchor , upon their own coast , which never yet was , nor can be called , the brittish seas : where now is there ground for accusation , let be revenge ? hence secondly , though our court , would represent the dutch , to the world , as such morose clownes , who deserve to have their head cut off , for not capping to a pitieful picture of a man of war ; yet i am almost surprised , at the generous excesse of civility , which appeared in the obliging carriage , of that gallant gentleman , mijn heer van ghent , who not onely saluted the english lady , whom he knew to be aboard that boat , with a volley of great guns , but went also aboard , to complement her ; so that it might well be questioned , whether , he being a person of such trust and command , they had greater cause of quarrelling him , at the hague , for having done too much , or complaining of him at whitehal , for having done too little ? what english man , may not blush , to think , that the dutch , are not onely like to carry away the trade from us , by their industry and sobriety , but to outstrip our courteours also , in courtship and civility ? will we in our fretfulnesse , needs pick quarrels , where humanity would prompt and instigat us , to the revenge of gratitude ? and this leads me to a third viz. that the world may rather wonder , that the king of england , did not expresse his gratitude to the dutch , for being at so vast a charge , as to equippe , and put to sea , a fleet , sufficient to guard , against any attempts from the french , ( he being by the triple alliance , equally engaged with them , to have prepared , and put forth , in order to that defence , a considerable number of men of war ) then , thus without cause , to quarrel , and meditat revenge : must the dutch have no other thanks , for bearing the burden alone , without putting us to bear our proportion ; shall they have no other interest but blowes , for having laid out such vast summes , without urging us , to doe , what in honour we could not deny to be duety ? is it not matter of blushing , that his majesty , should so expose himself , together with the nation , to the upbraidings , of a sober people , and the world 's just censure of high ingratitude . but why do insist ? though his majesty with a great pomp , and parad of words , would precipitat the world , into the beliefe of his being , in this particular , injured by the dutch , adhibiting the utmost of artifice , to give it , the appearance of an injury , i hope , upon the consideration of what formerly was said , and is now adduced , i may assert , without all hesitaton , that his majesties right of the flage , as acknowledged , in the treaty , hath neither been questioned , nor violated by the dutch , far lesse represented , in the manner mentioned : all the bussinesse is , that one of his majesties pleasure-boats , passing through the dutch fleet , lying at anchor , upon their own coast , had not that honour payd to her , which the dutch , are onely obliged , to render , to his majesties men of war , in the brittish seas : which account if it be indeed so true , and unanswerable , as to have moved neighbouring courts , to laugh at the peevishnesse , of our offence , and doth novv amaze the vvorld at the rage and violence , whereunto it hath transported us , are the dutch therefore to be accused ? no , no , his majesty himself judgeth otherwise , and therefore , he subjoins , an ungrateful insolence , that they should contend with us , about the dominion of the seas , who even in the reigne of our royal father , thought it , an obligation , to be permitted to fish in them , by taking of licenses , and for a tribut : and here lyes the great discovery , the right of the flage is all , that is drectly pretended ; but , dominion of the narrow seas , under the colour of a sophistical equipollency , is the thing mainely intended : i shall not repeat what i have above adduced , for distinguishing , this prerogative , from the dominion aimed at , and explicating this whole matter ; but as his majesties covert insinuation , doth aboundantly verify , even his own diffidence , of his absurd and insupportable claime ; so , if we go about , thus to renverse nature , and subvert humane liberty , the dutch are the first ; but neither the greatest , nor the last enemy , which we are to apprehend : as to the license to fish , here instanced ; since i cannot set down what is truth , in matter of fact , considering the confidence , wherewith it is asserted , without a reflexion , which i by choice forbeare , i leave that to the stats their vindication : but , suppose it had been sought , and graunted , within that space of distance , from our coast , which the positive law of nations , and consent of mankinde , hath in a manner every where appropriat , to the countreyes respectively adjacent , it signifieth nothing to his majestie 's purpose : what is then the dutch their ingratitude , and insolence , that provoks his majesty , to an exclamation ? let all men judge : it 's said , they owe their being and wealth to our protection and valour : but , as all the world knowes , that , as interest is the loadstone of policy , and policy the onely director of state transactions ; so , i think , i need not amuse my self , to shew , either , how that the english in former times , did not supererogat , in any higher degree of charity , toward the dutch , above the perswasion of their own advantage , or that in all probability , the dutch would be yet more ready to repay us , if we should be reduced to the same distresse , and circumstances , which is gratitud's just retribution . to these things , his majesty addes , that , notwithstanding all these provocations , he patiently expected satisfaction , not being willing to expose the peace of christendome , for his own particular resentments , whilst , the tutch ceased not , to provoke the most christian king ( though a small elogy , yet an unbecoming title , from the faith's defender ) against us , of which , they thought , themselves so secure , that for above a twelvemonth , their ministers , have here threatned us with it : now , for the commendation which his majesty affects , i remit it unto the impartial judgement of the same provocations , and patience , whence he would derive it ; but as to what ensues , are we so vaine of , and intoxicat with , our french , or most christian alliance , that we have lost our senses ? or hath the world seen with their eyes , for above these two yeers , the french and dutch in hostile preparations , and mutual defiance ? and on the other hand , the french and english , in continual complements , and embraces , and yet , are they all deluded ? and the stats the most dull sots , or empty politicians imaginable ? if ingenuity would permit , i sometime incline to think , that it must be the dutch representations at our court , of the danger of discord , and the advantage which the french may thereby gain , that is here so strangely misconstrued , and abused ; but why should i straine ? i beleeve verily , the words are like their author , wholly unaccountable the next passage telleth us , of his majesties last ambassadour , and how to his pressing memorials , he could receive no answer , untill he had declared his revocation , and then , they offered a paper to this effect , that in this conjuncture , they would condescend to strike , if we would assist them against the french ; but upon condition , it should be no precedent , in their prejudice : and as to this embassie , though i might easily bring to minde , the difference , about the method of proposals , the ambassadour tabling onely his demand about the flage , and the stats upon the rational consideration , of the then appearances , desireous to hear all , that he had to require , before they would give answer , and thence excuse , the stats their delay ; and though i could also exhibit , such an account of the paper of return , as might aboundantly cleare , that , as the dutch , did onely qualify their offer , of a new engagement to strike ( which they had all reason to do , having , as it 's like they will , in it's season , make manifest , stretched their condescension , the more to fixe if possible , the king of england to a stedfastnesse beyond what could have been wrung from the termes of that treaty at breda ) with the condition of our reciprocal performance , of the alliance , so it was this novel sea dominion , and not the formality of striking , against which , they did precaution , for the future ; yet , it being a matter of pure fact , i chuse rather to leave it , to the stats their proper vindication , then further to dive in it . in the last place , his majesty , telleth us , that , the dutch did lately send an extraordinary ambassadour , to him , who in a most extraordinary manner , hath given him to understand , that he can offer no satisfaction , until he have sent back to his masters : but seing the surprize of his majesties late hostile attacque of the dutch merchants , before any intimation of war , and just when this their ambassadour , was making ready , to expose his offers , was in effect such , as might have made him , not onely to stop a commencing , but to break off , a very far advanced treaty , is it not strange , to see , a great prince , shut up his declaration , emitted for publick satisfaction , with so little reguard to all mens knowledge , and apprehensions , and as it would seem for the pedantick affectation of a running repetition , scorn the world , with a dissimulation that hath no pretext ? but i know the stats are in case , to give such a reply , and to cleare up all those matters of fact , alledged by him , to justify his present engagement , ( and represented to all men , as such insolencies , and injurious effronts , which have constrained him , over the belly of his own inclination , to engage in this war ) that will be so plain , and perfect a contradiction , to all his pretended reasons , as will not onely prove , that there was never a more just defensive war on their part , nor unrighteous invasion upon his , but by a naked representation of truth will amaze the world , at the confidence , where with these things are asserted , and put it with all sober persons , beyond debate , that their is a mistery of iniquity , lurking at the bottome , and masked under these pretenses . these being his majesties reasons for our war , that they do nothing relieve his resolution , of that verdict i have given upon them , specialy , in respect of their contrariety to righteousnesse , & religion , is undeniably manifest ; but because his intentions as to the latter may now be more clearly observed , in that second declaration of indulgence , above mentioned , i shall in like manner shortly peruse it . and that his majesty , in the remembrance , of the rigours and persecutions , wherewith the sober and godly . in his dominions , have hitherto been sore vexed , may not onely in time be admonished , to feare the inconveniencies , which may thence necessarily arise , and provide a remedy , by a fair indulgence , but also , in the serious conviction of the evil of his wayes , and just apprehensions of divine wrath , thorowly converted , to breake of his sins by righteousnesse , and his iniquities by shewing mercy to the oppressed , is certainly , not more the desire of all his faithful subjects , then it would infallibly prove , the lengthening of his tranquillity : but , seing in place of any thing of this nature , the declaration under our hand , hath quit another tendency , and both from the intimation of all circumstances , sufficiently laid out in my first discourse , and from it's whole composure appeares , to be nothing else , then a cunning device , to secure his majesty , from the dislike of good men in this sinful combination , against the protestant interest abroad , and in the mean time , to foment and promote the popish party and cause at home , until , that , in the righteous judgment of god , if we foresee it not , truth should again be benighted , by the darknesse of popish superstition , and all it's lovers , exposed to that tyranny , the most pernicious poison of ease , which we have here presented , under the no lesse plausible tentation of the gospel's liberty , doth without question , so much the rather oblige all concerned , to a more intent , and accurat disquisition : which , that i may the better performe , it is in the first place to be noted , that , albeit the conception of this paper , doth generally include all sorts , of non-conformists , and recusants , and that the liberty therein graunted to popish recusants , seems to be much more restricted ; yet , if we may subject his majesties inclinations ( or rather plain intimations ) to the judgement of reason , all appearances do evince , that , whereas to protestants , they are the meer constraints of policy , unto papists they are indeed the spontaneous motions , of a propense favour ; for , seing our present engagement against the dutch , the nature of an indulgence , an involuntary dispense against standing lawes , and his majesties plain profession , do obviously hold forth , that the license , is in effect , extorted , by extrinsick pressures , it 's extension unto the popish party , who thereunto do adde no moment , doth aboundantly argue it , in this reguard , to be an act of free choise : i need not here remember , how much , this hath alwayes been his majesties byasse , what cherishing connivance , papists have quietly enjoyed , to the great increase of their numbers , and insolence , since the yeer whilst other non-conformists , have been tossed , with continual vexations ; it hath not been the least ingredient in the bitternesse of these grieveances ; neither are there many yeers , since he emitted , in their favour a proclamation , of such ample grace , that even his present most obsequious parliament , did , by an unanimous addresse , interpose for it's revocation ; so , that , things being evenly weighed , viz. his majesties unsatisfiable displeasure at , and causelesse jealousy of , the protestant non-conformists , with his constant good opinion , and affection , witnessed to those of the roman communion , his present groundlesse wars against the protestant stars , and sinful , and foolish conjunction with the french , not more regrated by the better sort , then rejoyced in , by the other , the comprehending of all in the same indulgence , may , not onely perswade the inequality of favour by me remarked , but further very rationally induce , to beleeve , that the more apparent latitude , conceded to protestan : dissenters , is , onely the better to cover , the real advancement of the popish interest , the principal designe of this contriveance , and therefore in conformity to these grounds , if my reflexions shall be also different , seeming to straiten on the one hand , and to enlarge on the other , discovering the protestant to be onely tempted , and snared , and the papist favoured , and honoured , i hope , the palpable agreement of this procedoure , to his majesties own intentions , will easily defend me , from the censure of malice or calumny , for preface then , his majesty with the fame truth and confidence , wherewith we have heard him assert , his zeal for quiet in his declaration of war , commenceth this his indulgence against the truth , by telling us , that his care and endeavours , for the preservation of the rights , and interests of the church , hath been sufficiently manifested to the world , by the whole course of his government : o unhappy care , that hath wrought such dismal alterations ! the true rights , and interests of the church of god , are , the purity of his worship , and ordinances , the protection of his ministers , & the advancement of true godlinesse : now , that in exchange , for any measure of these blessings ; which , we formerly enjoyed , since his majesties return , we have onely seen , god's worship corrupted , into vaine imposed formalities , and the vilest of the people , made priests , in their place , and wickednesse exalted , by the most avouched perjury , & profanity , that ever was known amongst men , is a truth , under the sense whereof , every serious soul doth groan ; but in effect , his majesty hath been , and is still , so entirely bended , to advance against the lord , proud supremacy , and set up in the church , a wicked prelacy , a debauched elergy , and superstitious liturgy , thereby to moddel , and subject , all the concerns of religion , to his own lusts , and humours , as i am confident , that all the lovers of truth , in lieu of being abused , by this pretended care , will onely reguard it , as a seasonable warning , to take the more diligent heed , to the snare that may be , and is couched , in all it's proposals : thus , for a demonstration , he subjoins , the frequent coercions he hath used , upon dissenters , and for composing differences , in matters of religion : and whether this be more concludent on his majesty's , or on my behalfe , i leave it to the impartial discerner : however , we may well observe , that since his majesty , even in his gracious humour , thinks his care of the church , principally commendable , by his former severities , which after the manner of the primitive persecutions , are at present onely intermitted , from feare , and policy , when these restraints are over , we cannot but expect , that he will resume his wonted methods , and that , with all the irritation , wherewith his inward fretting at a forced liberty , may probably impresse him : but ( saith he ) it being evident , that there is very little fruit of these forcible courses ( a fair conviction , if well followed ) we think our selves obliged to make use of our supremacy : and truely if he were seriously minding reformation , and thereto applying his royal power , which can never be more properly , nor gloriously imployed , we should the lesse scruple , the error , though he should mistakingly ascribe , the extraordinary call of the present pressing exigence , to the warrant , of a pretended perpetual prerogative : but , seing we may here manifestly perceive , that , that power , which at first , did onely acclaime the clergies civil dependence , and then after , becoming vaine of the reformation , wherein it was honoured , did excresce , & exceede to the ordering of church-rites , & goverment , under the notion of externals , doth at present presume to license , and authorise , all rome's superstition ; do we not discover , the wickednesse of that usurpation , which pretends , to as absolute a dispose , in matters of religion , as was ever arrogat , over worldly propriety ? thus wee see the scepter wristed out of the hand of his christ , and swayed in a perfect opposition to him , & designed subserviency to his grand enemy the anti-christ , which as it ought to make our eye affect our heart , while we see that scripture fulfilled in our eyes , that the kings of the earth , shall give their power unto the beast , and make war with the lamb ; so it concerns his majesty , while he invadeth the mediators scepter , to remember , that he hath also a rod of iron in his hand , to secure his scepter and avenge himself of such , as do not strike to him , in recognisance of his absolute supremacy . in the next place , his majesty addeth his motives , viz. that he issues out this declaration , aswel for the quieting of the minds , of his good subjects , in these points , inviteing of strangers , in this conjunsture , and the encouragement of all , to follow their callings , as also , for preventing the danger of seditious conventicles . blessed is the man , whose minde is staid , trusting in the lord , for there is nothing here sincere , what quietnesse , from such a self-destroying assurance ? i do not mention it's mutability , though all men know , that the first meeting of the parliament , would remonstrat all this grace to nothing , but , vvhen to the establishing of ever jealous , and persecuting prelacy , the licensing of pernicious plotting popery is adjoyned , certainly , if we be lulled asleep , with such a charme , we deserve , the sleep of death , which , it 's poison menaces : as for the inviting of strangers , french caterpillars we may indeed expect , and swarmes of romish locusts ; but to others , who might have found some allurement in this liberty , hovv much is it to be feared , that our violence shall prove more disgustful then the motive attractive : and as for trades encouragement , can any man be so infatuat , as to beleeve , that , that vvhich in it's onely season of peace , could never have vveight , should novv be truely minded , by such , vvho have so little cared to involve us , in the confusions , and burdens of vvar ? what a golden indulgence must it be , that vvill yet erect our trade , under all these pressures ? but , his majesty doth indeed fear seditious conventicles , and may be something worse , nam mala mens , malus animus : and although i neither knovv , nor designe to increase his grounds ; yet , in my affectionat desire for his vvelfare , i earnestly vvish , he vvould remember , that in all ages , a prince , his ovvn inconstancy , and oppression , have proved his greatest adversaries , & are most to be feared , and that they are indeed so fatal and funest , that neither force , nor policy could ever yet vvard of their mischiefe , for he is above them vvho gives the blovv . but i have too long retarded his majesties benevolence , vvhich in the first place declares his expresse resolution , meaning and intent , to be ( so that we may blame our selves if vve be mistaken ) that , the church of england be preserved entire in its doctrine , discipline and goverment , as now it stands established by law , and that this be taken , to be , as it is , the basis , rule , and standart ( vvhat place he assignes to the scriptures of truth i knovv not ) of the general , and publick worship of god , and further , that the conformable clergy , enjoy their revenues , and that no person , be capable of any benefice , who is not exactly conformable : i need not enlarge , upon the import of this passage ; what the church of england here meant , is , and hath done , wee all know , if any man think , that these roots of bitternesse , prelacy , and superstition remaining , they will not again spring up , into all that persecution , vvhereof some may novv fancy themselves to be discharged , he is but ill acquainted , either with their nature , or practises : he who desireth to be informed , may consult experience , which will aboundantly satisfy , hovv much better , and more free accommodations , have , thereby been disturbed , and frustrat : hovvever , there is one part of this royal resolution , vvhich i cordially close vvith if candidly meant , and that is , that , the doctrine of this church , may be effectually preserved , i may not here stay , to explain my reasons ; but , he vvho shall be pleased , to peruse our old homilies , and compare them , vvith that doctrine , vvhich doth novv very much boast itself , both in pulpit , and print , he vvill quickly understand , our former profession , to be so sadly depraved , vvith socinian , popish , and arminian errors , that , this alone , vvere enough , to bring upon us , all our feares : as for the exclusion of all persons , not exactly comformable , from benefices , although it be without doubt a mighty diminution of the favour of a just indulgence , since it depriveth both of the encouragement and conveniency due , to the ministers of the gospel ; yet the master of these labourers , having pledged his alsufficiency for their supply , and the church of god having alvvayes , been truely richest when poorest , i confesse , it is a matter whereon i shall not spend my complaints , however it be just matter of his repentance . in the next place ( saith his majesty ) wee do declare our will that the execution of all manner of penal lawes , in matters ecclesiastical , against whatsoever sort of non-conformists , or recusants , be immediatly suspended , and they are hereby suspended , &c. and this is the great jubile , a proclaimed liberty , to atheists , socinians , papists , jesuits , seminary priests , arminians , sects of all sorts , and the grossest hereticks , to contemne religion , commit idolatry , impugne truth , blaspheme , seduce , and destroy souls , uncontroulled : it 's true the conscientious non-conformist , hath also his part , in this exemption ; but , as god did send forth his gospel , into the world in weakenesse , and foolishnesse , destitut of all humane advantages , and onely , by his owne grace and presence , did sustaine , and advance it , against all the opposition , that the malice , or violence , potentats , authorities , or powers of the earth , could devise , or execute against it , to the effect , that neither our faith , nor his truth , should stand , in the help of man , but in the power of him , who hath promised , to be with us , unto the end of the world ; so , i am perswaded , that no man fearing and beleeving , the same lord god , will judge , all the favour that men can shew , valuable at this rate : i graunt , the excesse of this indulgence , doth not so corrupt the just relief , that tender consciences may finde in it , as , to hinder them , to partake lawfully of it's benefit ; but sure i am , if my censure be right and true , as certainly it is , men should be so far , from being deceived , by the flattery of carnal ease , either to embrace , or acknowledge it , as a favour , or pursue it , by any active compliance requisit for it's accomplishment , that on the contrairy , they should look upon the act in it self as a high provocation , against god , a feareful exposing , and opposing of his truth , and under the colour of a pitiful enlargement , and reliefe to tender consciences , a real and designed betraying , of the protestant interest . but his majesty proceeds to declare , that to the effect , there may be no pretense , for the continuing of conventicles , he shall from time to time , allow , a sufficient number of places , as they shall be desired , in all parts , for the use of non-conformists ; but for a correction , it is his expresse will , and pleasure , that none presume to meet , in any place , untill , such place , be allowed , and the teacher of that congregation approved , by him : and lest , any should apprehend difficulty , in obtaining , this allowance , and approbation , he further declareth , that the same shall extend , to all sorts of non-conformists , except popish-recusants , to whom , he will in no wayes , allow publick places , but onely indulge them , as to the common exemption , from penal lawes , and the exercise of their worship , in their privat houses onely . this being the summe of his majesties concession , over and above , the release of penal staruts , it were as ill nature , and worse manners , to offer to criticize upon my princes bounty , as it were folly , to be fain of nothing : and therefore , i shall onely , candidly represent , such things , as do obviously occurre , and cannot be hid : and , . it is evident , that there is nothing as yet graunted , but onely a purpose declared , which being in it self alterable , and in the present case , in order to the innocent non-conformist assuredly elicit , by our forraigne wars , and domestick feares , of what endurance it is like to prove , may easily be resolved : secondly , it is obvious , that the effect of this indulgence , is presently to cut of from , and deprive all the faithful ministers , and people , of the benefit of meeting , either in the places where they have hitherto met , or in their privat houses , for the pure worship of god , ( for these are the expresse words of the declaration ; to the effect , there may be no continuing of conventicles , &c. and afterwards , it is our expresse will and pleasure that none presume to meet in any place , &c. ) until these meetings , be cast in this new mould , and , if the truely tender and conscientious non-conformist's , dare not for the feare of god foresake , the assembling of themselves together , nor discontinue their meeting , for worship , till the court be at leisure , or think it convenient , to make that assignement , or if they should scruple this conveyance , as no doubt , a faithful minister , will be far , from an active compliance , with such an enacted abomination , then , such have nothing to expect , but the utmost of severity ; and thus wee see , these bowels , and the tender mercies of this declaration , are unmasked cruelty : thirdly , the places are to be desired of and first allowed by his majesty , and , that this allowance , may be lawfully sought , upon the grounds of that duety of protection , and assistance , which his majesty oweth to the gospel , without pleading this dissolute indulgence , i make it no queston : but , on the other hand , that this , first , maketh all still depend upon his absolute pleasure , both as to number and continuance , is no lesse evident : yea secondly , this very thing , is enough , to make the whole insignificant : for , many , especialy those non-conformists , who are persons of estate , or quality , will be unwilling to be thus exposed to the view of the court , as a dissentient party , reachable by law , and moreover , the people , perceiving the increase of popery , and what countenance and encouragemenr , they have from authority , whereby they are become insolent , and terrible to the people , may begin , to be jealous , that this course is onely taken , to the end they may when met together , the more easily be swallovved up at once , by those popish cannibals ; the things vvhich are past , and the things vvhich are dayly practised , may creat a shrewd suspicion amongst the people , of such a designe , upon which considerations , the assignement of a place by the court , is very like , to affright men , from following ordinances , or frequenting worship in those places : but , fourthly , the teacher must also first be approved by his majesty ; and that all the liberty here promised , if it vvere ten times more , vvere too dearly purchased , by this surrender , every one that knovveth the sufficiency , and necessity of our lord 's mission , will easily acknowledge ; i graunt , that , every minister should presume , and be very sensible of his majesties approbation , & as it were rudenesse professedly to undervalue it , so the power that he hath , over our bodies , may in many cases render it absolutely necessary ; but , what is all this , to the previous expresse approbation , here required ? certainly , if our lord's authority , be a minister's compleat warrant , and the duety it layes on , such , as may in many cases oblige him , to beare his master's name , before kings and princes , for a testimony against them ; the subjection of the ministry , that the compliance with this condition , doth import , is , a manifest impingement , against both : i might in the fifth place observe , the extension of this concession , every whit as large , as the foregoing exemption , except in order to papists , and whereby all the blasphemies , and extravagancies of all other errors , are , not onely tollerat , but offered to be encouraged , but the thing being so obvious , it were superfluous , to offer , to make it more plain . sixtly , this indulgence is thus further restricted , and cautioned . if any shall ( saith his majesty ) presume to abuse this liberty and shall preach seditiously or to the derogation of the doctrine , discipline or government of the established church , &c. wee do hereby givs them warning and declare we will proceed against them with all imaginable severity . i shall not stand to observe , how there is more here , then an insinuation , that the preacher , in order to his being approved by his majesty , must previously engage to this forebearance : it s but all reason , that he who giveth the commission , should also give the instructions , set bounds , and limits , to it 's excercise , and define the sphere of it's activity , according as his majesty , ( that the world may the better understand , the just extent , and native import , of that headship , vvhich he arrogats over the church of england ) in his letter to the arch bishop of york , prescribeth , what doctrines are to be taught , what not : if we will be preachers created by the court , and emissaries of this supremacy , we must be court-parasits and court-pleasers too ; but , then let us remember , that wee cease to be the servants of jesus christ : but the thing i mainly marke here , is , that by this artifice , they are sure , either to make the indulged betray the cause of christ , by an unfaithful silence , or expose themselves to what the all of that imaginable severity , wherewith they are menaced , will amount unto : it 's true , the same politick considerations , which have moved them , for quieting of the minds of the people , to mock them , with this shadow , maytye them up also , for a season , from executing , this all imaginable severity against such , who will be found guilty , of abusing this favour ; yet , considering , how the places must be all of publick appointment , the preachers and people also known , and that those places must be patent , and free to all persons , viz. amongst the rest , to a knot of informers , who will no doubt be designed , for each place , faithful men , who will acquit themselves , as the ambassadours of jesus christ , and so carry , in the exercise of their ministry , as they may have , their master's approbation , of wel done good and faithful servants , may exspect , as the court is at leisure , and have freed their hands of other work , that they will make such then , after they have sleeped under the deceitful shadow of this indulgence , while the court being liberat from feare of any trouble from them , was concurring with those who were destroying the protestant interest abroad , buy this indulgence , at an after . reckoning , with the lose , if not of life , and liberty ; yet of estate ; for his may. will be judge , of what is seditious preaching , and praying , &c. hence , if a faithful minister , pray for the united provinces , now unjustly invaded , by a popish prince , that they may not be destroyed , and that he may not give up , the beloved of his soul , the reformed church there , into the hand of such an enemy , who would again turn these provinces , into a land of graven images , if also , he should disswade all who heare him from such a sinful conjunction , and regrat before the lord , as every faithful protestant hath cause , that english-men , professors of the same faith , should be employed , as instruments , to destroy the faith they ought to defend , and that our hands , should be made use of , to shed our brethrens blood , with whom , yea for whom , we should rather die , in the defence of the reformed religion , and if he should weep himself , and excit the people to weep , because his majesty is seduced , into this conspiracy , and abandoned to such pernicious counsels , and courses . as at this time , and in this juncture , to concurre with a popish party , against a protestant state , the now visible bulwark , of the reformed interest , not onely without any just provocation , on their part ; but contrary to all engagements and obligations on his : and moreover , if in stead of an unfaithful silence , a minister should seek , to deliver his own soul , by regrating , that his majesty , is not onely left , to break his covenant with the most high god , in reestablishing abjured prelacy , and superstition ; but also , in countenancing , and promoving of popery and idolatry ; which as no godly man , who considers the times , and what the israel of god ought to do , dare forebeare for himself ; so he dare not , though he should die , for doing so , forebeare , to perswade , beseech , and obtest , the people of the lord , to pray with all manner of prayer and supplication , that the great god , would appear , to confound the counsels and crush the undertakings , of all the men , and monarchs of this conspiracy , against his great interest , and precious people : if , i say , a minister of jesus christ , should preach , exhort , and pray to this purpose , would his majesty hold him innocent ? or forebeare to lay hold , on the first opportunity , of dealing with him , as a seditious person , yea a traitour ? and adjudge also all who had been his hearers , as guilty at least of misprison of treason ? the case is so cleare , as it discovers plainly , the whole of this indulgence , to be rather a court-trape , to catch , extinguish , and crush the faithful remnant , then the least ease , or reliefe , to such as dare not , for feare of the almighty , foresake the truth , and prostitut the precious ordinances , of christ , to the lust of an exotick lord , or dare not shut their eyes , and be silent , when they see courses taken , declarative , to conviction , of a formed designe , to establish the abomination of popery , and destroy the reformed religion , at home and abroad . the last thing , that remaineth , is , the exception of roman catholicks , from this allowance , of publick places ; but lest this should grieve them , the former discharge of penal lawes , is not onely repeated , in their favours ; but , they are further expressely , indulged , the excercise of their worship viz their idolatrous mass , and all their other impious superstitions , in their privat houses , and that without any limitation of number or other restriction : i cannot here stand , to expresse , all my just regrat ; the mass again restored in england , should no doubt be as much our deep affliction , as it is the papists exultation : as for their astriction to privat houses , i say first , why is not the like favour graunted , to the truly godly and conscientious-non-conformist , who may very justly scruple to sue for the favour of this indulgence , because of it's conveyance , and upon other momentuous enough considerations ? shall he who dare not for feare of making himself guilty , of lese majesty against jesus christ , by accepting a favour , which in its conveyance , establisheth , in the person of the indulger , a supremacy onely competent to the son of god , be lesse capable of this favour , then he who denys this supremacy , to be competent to his majesty , and holds it to be proper , to that child of perdition , the anti-christ ? yea , he is not so capable of our favour , as our catholick subjects are : i am sorry for it , but why ? what 's the matter ? his majesty gives you the reason , of the inequality of this distribution ; because forsooth , they are seditious conventicles , and therefore , liberty to worship god in privat houses , must not be permitted to them ; but their is no feare of sedit●on from papists , ( good men ! ) we understand one another better , then to feare any harme from such bosome friends : well , it may be so ; but , it 's time , when the popish party , are thus professedly , the darling of the court , and all it's conclusions , are so exactly calculat , to the meridian of that interest , for the poor protestants , to remember , the yet recent massacre of ireland , lest , brittain drink of the same cup , and become the stage , whereon , this same funest tragedy , or a more bloody one , be acted over again : secondly the papists are confined to privat houses ; that is to say , whitehal , st fames , somerset-house , and the greatest , and most capacious palaces in england , while , the poor non-conformists , may not make use of their own houses , and are not like in hast , to build upon the lubrick base of this indulgence , other houses : thirdly , that this restriction is no incumberance to the papists , is aboundantly cleare ; nay , if we advert , to man's strange curiosity , especially after error , the attraction of this privacy , may in all likelyhood , prove more advantagious to their interest , then , if their godlesse , and ridiculous mummery , were set up to open view , and derision , in publick churches : seing therefore , that the papists recommended by no necessary , or convenient reason have , ( notwithstanding of their grosse errors and superstitions , with the many important and ancient lawes that stand against them being considered ) obtained , the greatest benefit by this indulgence , whether the favour designed for them , be not it 's , principal motive , and aime , i leave it to every man's discerning ? now what our present conjunction with the french , in an unrighteous war , against the protestant stats abroad , with this licensing of idolatry , and encouraging the popish faction at home , may produce ; the lord in his mercy prevent : and as i have plainly laid out , the insincerity , insufficiency , and uncertainty of this indulgence , in behalfe of conscientious non conformists ; so , i am very hopeful , that neither the present allurement , of carnal ease , nor the deceitiul confidence , of simulat favours , shall ever make them abandon , that solicitous care , and zealous concerne , they ought alwayes to beare , in their hearts , and be ready to witnesse , when thereto called , for the glory of god , and interests of truth and righteousnesse , both at home and abroad . having thus particularly considered , and weighed the import , of both these his majestie 's declarations , and having found nothing in the one , which upon a sober search , may justify this war , ( whereinto we are precipitat ; nor in the other , that can quiet , or satisfy the truely conscientious non-conformist ; but on the contrair , much in both , which may fill the mind , of all the fearers of god , with terrour at the apprehensions , of what shall be , the dismal and dreadful consequences , of such an undertaking , against our confederats , and such uncandid dealing with god , i designed in this review to have subsisted . but yet i hope , every true-hearted english-man , will beare with me , if , while i see the interest of the english nation , dragged at the french heels , and sold to a base subserviency to their aspiring greatness , i take liberty once more , to evince and insist upon what in my first paper i touched more brieflly viz. the perfect opposition , which this conjunction with the french , hath , unto the welbeing and true interest of the nation : let it therefore be supposed , that the english fleet should beat the dutch , quit off the sea , and at the same time , the king of france with his numerous and potent army , assisted with his majestie 's thousands under the command of his son , should invade , destroy , lay wast , and make desolat , all the places of the united provinces , whereever he cometh , and the dutch by this defeat at sea , and invasion by land be brought , to such confusion and perplexity , that they shall neither be in case to set presently to sea again , nor able to encountre this potent enemy by land , ( which is the thing designed and desired , and that , to which all the vigorous endeavours of these confederat kings are directed ) well , let us make this supposition , that their designes are thus far accomplished ( though , graunt not o lord the desire of the wicked , further not their wicked device , least they exalt themselves , ought to be , and no question is , the desire of all , who love our lord jesus christ in sincerity through the earth ) and that the dutch in stead of being able to deal any longer or debate with these kings , by open force of armes , be reduced to the necessity in this exigent , of making the best , and most advantageous peace they can : is it to be imagined , they will betake themselves to the king of england , and come under his shadow and protection for shelter , from the french fury ? it 's true , amongst the rest of our fooleries , whereby we embolden our selves , in this engagement , this is laid down for one , which we judge will not fail us , viz. that we can alwayes make peace with the dutch , when we have driven them to desperat distresse , at pleasure ; but they are wiser men , then to court us any longer for kindenesse : for , first , the experience they have had of the impossibility of fixing us , or making us stand firme to our engagements , and treaties , will utterly alienat , discourage , and disswade from this , where there is a choice : secondly , his majestie 's having laid down this for a principle , and the endeavours which have been , to instil it in the minds of such , who could be impressed by court-suggestions , that , if england would floorish , holland must , if not utterly destroyed , yet be reduced to a state of slavery , and bondage , nothing inferiour unto the spanish yoke , ( for the dominion which we affect over the seas , would be stretched to a length , that would knovv no bounds , or limits , but our ovvn lust and our courteours avarice ; and what encouragement , they may have to come under the shadow of men of these principles , wise men may judge ? ) thirdly the cry of his majesties oppressed subjects at home , and the consideration , how the court hath sucked out and swallowed up the substance of the nation , and drained , all it's treasures , and yet are still lean ( for all they have devoured , hath onely made them more insatiable ) will make the dutch , judge very rationaly , unlesse they vvere able , to turn rocks , seas , and sand into gold , they could never by giving , satiat the appetit of the english court : and vvhile they see , contrair to all honour and true interest , how , a stop is at least put upon the exchecquer , which was the onely thing remaining , to preserve the credit of the nation , and leave merchants in some case to trade , they cannot but easily foresee that such will make no bones to suck out all the marrow , and then gnaw the bones , of these provinces : and to all these add , in the fourth place , how they must needs look upon the king of england , as the principal author , and unhappy instrument , of all these imminent and incumbent calamities , and may very rationaly conclude , if he had not in this juncture , conspired against them , with the french king , that either , the king of france , would not have undertaken the war , or if he had , that they in an ordinary providence , could have defended themselves , and their just liberties , against all his force : when i say , they must needs look upon the king of england , as the spring & source , of all that calamity they feel , or feare , and perceive his propensnesse , to ruinethem , and how that , contrary to all covenants , treaties , rational offers of satisfaction , even to pretended injuries , condescensions , & stretches beyond the just exigent , and tenor of any treaty , or transaction , yea & obligations heaped upon him , in advancing the prince of orange , ( which , as it was made the great argument , to determine those , who were a little reluctant , to consent to his advancement ; so , it made the most rational infallibly conclude , his assistance , upon that advancement , against the french attempts ) how , i say , that notwithstanding of all these bonds , of honour , interest , faith , religion , righteousnesse ; and obligations , he could not so much , as be gained , to an easy neutrality ; but , as if , the utter ruine of the dutch , and their extirpation , or reduction , from a stare of liberty , to a state of bondage , had the closest of connexions , with his satisfaction , he , to the prostituting of his honour , leads the way , to the french king , and as if malice and blinde fury , were the sole conducter in this affair , draweth the first sword , and forgetting to consult his own fame , with a pyratick violence , anterior to all intimation of war , falleth upon the dutch merchant-ships : as these things put together , with many more of the like nature , must make the dutch conclude him , the most enraged adversary , and implacable enemy ; so , it must of necessity , alienat their mind from him above all mortals : and now upon the forementioned supposition , ( which i hope shall never exist ) that they must put themselves under the potection of one of these two , they will certainly be ballanced , towards the french alliance , as the more placable enemy , the more sure , and advantagious friend : and as it is more then probable to wise men , that the king of france hath conduced the king of england , to such an unworthy breach of alliance , upon this very designe , to drive the dutch , if possible , to this sad necessity ; so it is equally obvious , how the french king endeavoureth by all means , so to influence the conclusions of the english cabal , & manage the advantage he hath thereby over the king of england , as may render him most hateful to the dutch : for having prevailed with him , first , to draw him to this shameful breach of treaty with them , he driveth him thereafter to make such a detastable attempt upon their merchant-ships ; and observing likewise how in his declaration for war against the dutch ( wherein also he will have the king of england to preceed , that he may know the better how to forme his so , as may best subserve his designe ) he alledgeth many injuries , and pretendeth to such a dominion over the seas , as is subversive of the liberty of the dutch , and utterly inconsistent with the prosperity of the provinces , because destructive of their trade ; he then emitteth his declaration of war , wherein there is nothing mentioned or adduced for a cause , save a french floorish , for his honour : yea he giveth the dutch to understand , that he doth not envy their greatness , nor designe the prejudice of their provinces ; nay on the contrair , that he hath a favour for them , and how all his quarrel is confined to some particular persons in the goverment , against whom he hath a displeasure : and perceiving withal , how the king of england hath not onely made himself the common detestation of the dutch , by this late act of manifest pyracy but as if no bonds , no treaties , neither reguard to his own reput or renown in the world , could be of sufficient weight and value to tye him up from doing them all the injuries , which his power maketh possible ; he addeth to the former violence , the injustice of seising upon and detaining all the merchant-ships , which were in his ports at the eruption of this war , expressely contrair to the termes of the art. of that treaty at breda : the french king ( i say ) perceiving this , that he may commend his fidelity , clemency , and friendship to the dutch ( as he doth his honour to the world ) above the king of england's , as he hath done no act of hostility against them anterior to his declaration ; so he graunteth them six moneths time , to remove all their merchant-ships and goods out of his dominions , without lose or molestation : by all which he seemeth to intimat to the dutch that he is neither so ingrained not implacable an enemy against them as the king of england , yea there is a tacit invitation couched , even in his denunciation of war , to accost him for kindenesse , with hope of acceptation , ( and well may he , for hereby he maks himself master of both , and doth more certainly triumph over the king of england , and ecclipse the glory of that nation , then over the dutch , and so hitteth the marke he aimed at indeed , viz. the french honour ) now as the preferablenesse of the french alliance , things standing thus , will be demonstrable to the dutch from their own interest , and advantage , for by this means , though , they may lose somewhat of their former lustre ; yet they will easily see , that it is the interest of the king of france , to have them a floorishing people , when they are so much his ; so , on the other hand , will any doubt , but all reason of state and policy , will make the french ready to listen to a proposal of accommodation from the stats , and abandon the english , as having now served himself sufficiently of them , when they have sweat out floods of english blood and treasure , to rowe his french majesty to his port : for , first , he knoweth very well , though he have at present debauched the penurious and profligat court of england , into this conjunction vvith him , against the dutch ; that , yet , the spirit of the english nation can never be debased into the same compliance , with his designes ; the prudent part , yea the generality of the nation , retaining still , their noble ascendent over the french , and that antipathy unto them , that , though the court party are sunk below men , and cease to be patriots , ( not careing for the reput , and honour of their nation , whose renown , together with their own fame , they have shipwrack't ) yet , at this very instant , they would , if at all necessitat to have a war , notwithstanding of all the artifice and endeavours of the court , to enflame them into a rage against the dutch , with much more cheerfulnesse , alacrity , and readinesse of minde , draw their sword against the french in defence of the dutch , then be dragged by the court , to so unrighteous , and dishonourable a war , against their friends and brethren : the certain knowledge i say , that the king of france hath , that this is the genius , and pulse of the english nation , to abhorre as death , the holding of the french stirrop ; yea , the rational grounds he may have , to perswade beyond debate , that if these very men , whom he hath charmed , by his aurum potabile , into an oblivion of their own honour and nation's interest , be once awaked out of this golden dreame , ( which doth not imply a contradiction but they may ) they will abandon , with a blush at their own basenesse , his interest , and by an after strenuous opposition , seek to wipe off the staine , of so base a compliance , and be avenged upon him for their two eyes , will make him ready , to close with the dutch , being , together with the world , convinced , that , he hath in this , obtained the utmost of advantage , he could have proposed or promised to himself , by engaging , or rather seducing the court of england , unto his assistance , and judging , as he hath reason , that he is hereby sufficiently repayed , for all the french millions , which that court , hath swallowed up : secondly , as this will make him readily listen , to a proposal from the dutch , so , it will make him willingly condescend , to give them easy , and honourable conditions , ( though i hope god shall prevent such a dishonour to them ) yea , he will argue himself , into a necessity , ( contrair to the particular insolent domineering humour of the french ) to maintain them , if not in the same degree of honour , liberty , and lustre , yet , in their full strength ; it being obvious , that by having engaged them to him , he hath fairely paved his way , to an easy conquest , of this part of the world : the spanish netherlands , will fall into his hands , nor will the emperour be able , to make head against him : spain also must follow their fate ; and poor england , having spent their strength and treasure , to advance him to this greatnesse , must bow their neck , to the french yoke : what is then become of our foolish supposition , that there was no cause for england to feare the french greatnesse ? why ? france ( saith the court ) having no nursery of sea-men , we will maintain our dominion of the seas , non will cope , or compet with us , if once we had the hollander , under hatches ; and while we retain our dominion by sea , it were ridiculous to feare , the french by land : but alas , have the french , so blinded the court , with the dust of their gold , that they cannot see , one inch , before their nose ? do they not easily foresee , the misery and bondage , they are bringing upon the nation , and how , they are selling the honour , and liberty of their countrey , to it 's inveterat enemies ? well , the french have not a nursery of sea-men , comparable to the english : be it so , but , when the english by their unrighteousnesse , folly , and inconsideration , have driven the dutch to the necessity of becoming one with the french , have they then no nursery ? england knoweth , to it 's cost , that holland hath : and if ever france be in case , to reckon them his ( which , as death , is to be deprecat ) then , the king of england must resolve henceforth , to quit all his pretensions to the flage , and be at a point in this , that his men of war must strike , to the french pleasure boats : the nation at home , must tremble , at the french greatnesse , their walls the shiping of england , will not then hold him out , he being now in case , to force his passage , thorow them : our forraigne plantations must signify as much to us , as the french and dutch in a conjunction , will permit , either something , or nothing : our honour , and renown , which we have had amongst other nations , must be buried in the gulfe of contempt , and lye expiring without hope of a recovery , under the french insolence : who will then compassionat the poor english nation ? nay , who will not say , that it is a righteous thing with god , since , we who would needs in a blind rage , run upon our friends to ruine them , without cause , should be insnared , in the worke of our own hands , and tumbled head-long in the ditch , which we had digged for others ? who amongst the nations will pity us ? or if our distresse should move compassion , who dare offer to help us ? oh poor england , how do thy rulers , post thee to thy ruine ? we have fallen once under the hand of the dutch , and our disgrace , hath accresced to their glory ; but now , we must fall , into the hand of the french , & instead of wearing the flowre de luce , in our scutcheon , the king of france must have our lyon , and vnicorne in his : and thus have we debased our selves and entailed bondage upon the posterity : and , if the dutch were a people given to revenge , what ever griefe and regrat , their dependance upon france might be to them , yet , they would not onely have this satisfaction , to see those enslaved , who had designed their bondage , and whose hands had been made use of in wreathing the yoke about their neck ; but , see themselves chiefly made use of , and maintained by the french , to force the english to serve him : and withal the dutch should see themselves , freed from the slavish feare of the king of england's vaine pretensions to the dominion of the sea , and set at liberty , to follow their trade without trouble ; and as the trade , would then be cerainly taken from england , in these parts ; so it would be at the french & dutch their option , whether to rase , and root out , name and thing of all english plantations abroad . though , these be things to be entertained in their possibility , by all the lovers , of religion , righteousnesse , and the nation , with horrour , and detestation , and i pray and hope shall never have any being , beyond what a supposition may give them ; yet , he must blind his eyes , and abandon his reason , who will deny the nativenesse of the connexion , betwixt the worst of all these supposed miseries , and mischiefs , and the king of england's engaging , in this war , with the french , against the dutch : the ruine of the protestant interest , this day , through the world : the ruine of the liberty , honour , trade , precious and deare concerns , of the english nation ; the ruine , of the prince of orange his interest , yea the ruine , disgrace , and perpetual infamy , of the actors themselves , is wraped up in , and connected with , this shamefull war : have we not now by our deep politicks , bravely bowled away the honour of the nation , vvhile the french , both give ground , and byasse ? these are our nevv unhappy politicks , they tend to this , and may end here , if the lord in mercy do not interpose , to prevent it : so , that , though men vvere turned meer gallio's , as to the interest of christ , and religion in the world , yea turned enemies thereto ; yet , no man representing things to himself as they are , and vveighing these tumultuous transactions , in the ballance of reason , or considering their obvious tendency and import ; if he retain the spirit of a true english-man , if he consult the honour of his nation , if he truely love his majesty , and wish the stability of his throne , but must , not onely look upon himself , as obliged to withdraw , from all concurrence in this war ; but interpose in his station , to deliver king and court , lapsed into this moral madnesse , from the occecation of this fury , whereby , in their indeliberation and rage , they are pulling ruine upon themselves and the nation , by drawing the sword . i know very well , in all i have said upon this head of interest , i shall , be looked upon as grossely mistaken in my hypothesis ; because , what i account interest and the thing to be chiefly reguarded , and earnestly contended for , hath not a being at all in the albe of our new politicks : nay , something is substitut in it's place , as inconsistent with , so natively destructive of it : and therefore all these disswasives deduced from the head of interest as i have stated it , must with the hypothesis evanish as of no consideration or weight , to disswade from our present enterprise . it will be readily graunted by all , that if the old interest of england , viz. the preservation of religion , in it's reformation , whereto by the good hand of our god upon us we had attained , the safety and good of the people , the ancient splendor and glory of the nation , the just freedome and liberty of parliaments , the desireable harmony betwixt his majesty and them , to the doing of all things ( especially things of such moment , as a war , wherein there is an association with an old enemy to the english nation and interest , and an engagement against our ancient friends , deprecating , with all the submissenesse which became a state , our displeasure , and entreating in a most obliging manner our covenanted assistance , against an enemy , by vvhom , if he conquer them , we are crushed , our posterity also & all our precious interests are exposed unto the danger of utter ruine ) with joint consent and mutual satisfaction , whereby the cheerful concurrence of all his majesty's subjects is assured , by which means also , he himself is beloved and honoured at home , feared and reguarded by the nations abroad , the security , satisfaction , trade & treasure of the nation , is ensured & promoted , &c. if interest be considered as comprehensive of , & constitut by these & the like ; then no doubt , it must be yeelded , that the considerations evincing the manifest opposition of the present engagement to all these , have a sufficiency of weight , to disswade from a further progresse in this unhappily begun war , yea perswade a retreat ; which were certainly a more glorious victory , because demonstrative to the world , that our lusts and passions had not the ascendent of our reason , then if our sword were bathed and our hands embrewed in the blood of these against whom it is now drawn and stretched out ; yea this were a more certain way , to a safe victory over them ( i mean an overcoming them with kindenesse to a cheerful condescendence unto , and a ready compliance with all our just demands ) then ever we can expect , as the issue of so unrighteous and irreligious a war. but if somewhat else be substitut in the place of that , which the vvisest have hitherto judged the interest of the nation , i must graunt , i have missed the marke at vvhich i aimed , and confesse , that my considerations are not apposite dissvvasives , from vvhat is novv driven . but vvhat can this be ? some may think the thing aimed at , vvhich with it's seeming desireablenesse hath dazeled us into this distraction , hath by our procedour so obviously discovered it self , that it can no longer escape observation : it 's plain his maj. aimeth at being absolute and designeth to rule the nation , independently from the advice of parliaments , which are now looked upon , rather as an encumberance to him , in the exercise of his royal goverment , and an ecclipse of that glory , which he judgeth competent for a prince , then any real support to his royal authority and greatnesse : in plain english , the french goverment is affected by our english court , which we suppose can never be sufficiently illustrious , while there must be such an unbecoming dependence upon parliaments , for pitiful subsidies and summes to be raised by their order , to maintain our royal grandure : this which hath been so insupportable a yoke , upon the neck of our royal ancestors , whereby they have been bound to the good behaviour , tyed up , restrained , yea often , to gratify their subjects humor , in order to the gaining their consent for a subsidy , have been necessitat , and compelled to crosse their own royal inclination , and commit a rape upon their pleasure ; this yoke , we say , must once for all be burst and broken , and this badge of limited soveraignity , be buried in the final discharge of such parliaments : the dispose of the treasure aswel as the militia of the nation , must be in our own hand , then , and not before , will we be in case , as becometh , to live in royal splendor , to give suteable rewards for signal services , without being obnoxious to have account asked of us , or the question put , how we spend our treasure ; to keep under and crush petulant insolents at home , and chastise proud enemies abroad : in a word , stat pro ratione voluntas in state affairs , as we have arrogat it , in church , matters ( which is the more wicked and most dareing attempt of the two ) is the great interest , and that which we will and must have : this is the darling and diana of the court , to which all the other true interests of the english nation must be sacrificed . if so , the scheme i graunt is changed : but is it credible , that infatuation itself , can fixe us in this resolution ? truely the universe of reason doth reclaime : the desperatnesse of such an enterprise hath made wise men shut their eyes , upon all probabilities of it's intendment , and stop their eares , at all reports and suggestions which were assertive of the court 's hatching such a cockatrice , as calumnies ; since reason did repugne and abhorre it , as the greatest deviation from it's conduct , and most desperat course , in the undertaker , imaginable ; but yet men cannot alwayes shut their eyes , he vvho stoppeth his eare at the reports of another , cannot with the same facility , abandon or give the defiance to his own reason . it is not necessar for my present purpose , to make a perfect enumeration of all things , which may perswade and put beyond debate , that this is the court aim ; but if it must needs be graunted , by what hath been said , that there is a cleare and undeniable opposition , betwixt engaging in this war with the french , against the dutch , and all the true interests of england , sacred and civil ; then our precipitation into this engagement , giveth a shrewd suspicion , that vve are onely prevailed vvith , and overcome by this consideration , to assist the french against the dutch ; that we as a requital , onely commensurable to that service , may have the french assistance , sor rasing the foundations of england's liberty , and substituting our ovvn lust , in the place of it's magna charta : this designe hath made all essayes for peace on the dutch their part insignificant , and hath persvvaded above all other considerations , unto this association vvith the french : and truely the things vvhich at first vvere onely groaned under , as acts of male-administration , vvithout the suspicion of a further designe , then vvhat the impetuousnesse of our lusts , cileing the eyes of our reason , drove us to , will novv vvhen reflected upon , and collated vvith present practices and future appearances , amase men at the maligne aspect they have upon england's liberty . i need not involve my self into the labyrinth , of recollecting all things in the court's procedour and practice , since his majesties return , unto this present day ; or compare them vvith this project , and consider the nativenesse of their tendency to the production of this monster . let his maj. carriage , in reference to his parliament be a little inquired into , and see , if it vvill not put the thing beyond debate . at his first entry ; the parliament which called him home , must be dissolved , and in lieu of another reward for that great service , they are dismissed with this complement , viz. his may ; will have them known and honoured to posterity , by the name , of , beati pacifici : well then , englands blessed parliaments have their period and exeunt , at his may : entry to his royal goverment : what then cometh next ? ( it 's fit to be silent , where experience speaketh that , which if it were told in it's most sober dresse , might argue the speaker to be prompted by malice ) but what could be the cause of this dissolution ? it 's obvious enough ; for whatever excesse of loyalty appeared in hastening home his majesty , and installing him in the goverment , without sufficient security for religion and liberty , ( an error in the first concoction ) yet there were many amongst them , who being good patriots , and worthy statsemen , could never have been overcome , to a compliance with such a designe , nor to the countenancing of our other extravagancies ; and therefore as an unfit tool for our work they must be laid aside , and a new one called . the court in the mean time perceiving , how vaine expectations of halcion-dayes , had besorted the nation , into a deep inconsideration of what did belong to it's peace and prosperity , and observing , how there were none now to peep or move the wing , against the court current ; but whatsoever the king did , either pleased all the people , or the more prudent were under a necessity in this universal distraction , to dissemble their displeasure , and suffer , without saying or doing any thing to the contrair , dangerous encroachments and breaches to be made upon their liberty , though the purport of these was manifest ; forgetting the old maxime obsta principiis , &c. the court i say perceiving this to be the temper , or rather giddinesse of the nation , do not stick at breach of priviledge , in the election of members for the following parliament , which was so palpable and grosse , as of the bulk , when gathered together , it might well have been said , that in stead of our old renowned parliaments without a parallel in the world , for free-spirited noble patriots , we had got a court-juncto , and the privileges of the peo-people , and interest of the nation , put in the hand of those , who would be prodigal & profuse , to a boundlessenesse , as of the estate and treasure of the kingdome , so of it 's more valuable liberty & precious concernes : now i shall be loath , to trace them in their wilde deviations and odd extravagancies ; but the nation must behold with the teare in their eye , ( & it may be , some of the instruments of their miserie , being cured of their former frenzy , & awaked out of their lethargy , by the cryes of the oppressed , & the noise of the ruine of the nation , in vvhose rubbish they themselves are like to be buried , as a recompence of vvhat they are guilty of , against the honour and interest of their countrey , sigh out their had we wist ) their liberties and estats in the hand of such , as resolve to run to all the excesses , to which the court-riot will drive them : there , is without more debat , a surrender of the militia to his may : and though they seem to retain the key of the nation 's treasure ; yet it is not so much to lock it up , and keep it in the possession of the just proprietors , as in effect so to squise the kingdome , as if the sole purpose of their convocation had been , to fall upon inventions and finde out middes , how to extract all the spirits of the nation , and leave it a caput mortuum , wherein they shewed themselves such masters of art , that no man can remember , how they drained the kingdome , to the drieing up of it's substance , and what vast summes were collected and extorted , vvithout judging the determination difficult , vvhither their monstruous folly in giving , or the court 's prodigious and incredible profusenesse , in lavishing out , vvasting and throvving avvay that treasure , be matter of most amasement ? hovvever , as this is sure , if england had been invaded by a forreigne enemy , they might at a lovver rate , have bought themselves into a state of liberty , from the conquerours bondage , then vvhat hath been exacted of them , for no other purpose , but to make their bonds strong ; so this is also certain , that if the summes collected for the court , vvere computed , and the total compared , vvith their present pinching penury , it vvould together vvith the nation , astonish the vvorld , hovv such a treasure , in so short time could have been dilapidat ; unlesse on purpose shoveled in the sea , or svvept avvay by an invisible curse : but the thing vvhich i mainly marke here , is , the connexion this carreer of parliament hath , vvith the advance of our projected absolutnesse : the nation finding themselves thus exacted upon , and betrayed to the court's avarice by the guardians of their liberty , do universally hate the parliament , as betrayers of their trust , & sacrificers of their interest , to an insatiable lust : thus , that vvhich used to be the darling of the people , is become the common detestation of the nation ; vvhich the court perceiving , and knovving hovv this did hasten their designe to it's maturity , having set them a going , keep them in motion : the generality being by these means grieved and vexed , some fevv , vvho shared the spoil , onely excepted ; and the more prudent and religious part of the nation , vvho could have digested vvith more patience , the losse of their estats , must , to complet their misery , finde themselves by these mischiefs , vvhich vvere framed into lavvs , deprived of purely dispensed ordinances , and robbed of their faithful ministers , reformation overturned , vaine abjured prelacy , vvith all it's concomitant plagues reintroduced , thousands of faithful ministers , driven in one day , from feeding the flocks of christ , they and their people exposed , to the implacable malice of the court , & debauched clergy , vvhereby the parliament drew upon themselves , as the enacters & decre'ers of such abominations and cruelties , the hatred of all the lovers of religion and righteousnesse : this being brought to passe , some court-trappans , are prompted , to deal vvith the fanaticks ( as they called them ) of several perswasions , some must passe for great friends to the presbiterians , others to the independents , &c. and the work of these is , to represent his majesty , as very propitious and favourable to men of tender consciences , and that what he did , was not so much from an innate propensenesse to persecut good men , as from a forced and necessitat compliance , with his more rigid and implacable parliament , from whom , unlesse he went alongs with them , in passing such acts as they were pleased to make , and give way at least to the execution of them , he could not expect that they would appeare zealous and foreward in the supply of his wants : yea , his majesty was represented as so reluctant to execut these severe laws with rigour , that he was in hasard , by an excesse of lenity , and indulgence , not onely to fall under a mistake with his parliament , prejudicial to his affairs ; but by the same means , to expose his own , and their authority to contempt ; and that these things might not appeare , what they were , indeed pure fictions ; some of the leading men of these parties , are admitted to kisse his majesties hand , and have something with a smile suggested to them , whereby they went avvay , giddy and intoxicat with vaine expectations . now it is , our good and gracious king , but our evil and cruel parliament : thus the sujects , in stead of being render , as of old , of parliaments , begin not onely to be little solicitous , what contempt the court cast upon them ; but can behold with satisfaction , these trampled upon , who had trode under foot the honour of the nation : now men begin to think and say , it were better for us , to be under , and beare with the infirmities of one king , who is placable and exorable , then under the maligne influence of such a conglobat constellation of tyrants , from the scorchings of whose rigours and rage , the shadow of our prince , even when he interposeth , is not a sufficient shelter . the court with much satisfaction observe these male-contents and murmurings , as exactly quadrating with their designe , and laugh amongst themselves , to see the poor people terrified and tremble , at the meeting together of our parliament , as of a company , who had conspired their ruine and bondage : well , after they have served the court , in pillaging the kingdome , and brought it to poverty ( which carrieth alongst withit , a basenesse and lownesse of spirit ) and have in a few yeers , squandred away and sucked out , for satiating the court , more of it's substance and treasure , then had been bestowed upon all the kings , which have reigned in england these hundred yeers ( beside the manifold miseries , which during this time , befel the nation , by pestilence , sword , fire , inundations , the decay of trade , &c. ) are not onely hated by the nation , as the vulture which hath torne out it's bowels , gnawed it's noble parts , and having ( by dishing up their countrey into a consume , for curing the court of it 's desperatly incurable leannesse ) turned the whole into a complete skeleton ; but also despised by the court , when they can set nothing before them , to satiat their appetit , but the drie bones of adistressed nation , drained of all it's marrow & moisture , are , without the peoples regret , prorogued with a frovvne . yet such vvas the knovvn penury of the court , as every one began to think , since the extremity of their vvant called for a present supply , that necessity vvould ( because they could not call them together before the time appointed ) force his may : to dissolve them , and emit vvrits for calling a nevv parliament , when , behold on a sudden , to the amasement of all men ( excepting such vvho vvere privy to the mystery ) there is a nevv prorogation , in all it's circumstances ( vvhich for brevity i passe ) so declarative of our designe , that the parliament it self , by vvhose means the nation vvas novv reduced to this miserable condition ; must at length avvake , and see themselves laid aside , as a broken vessel , vvherein , he vvho formed them , had no more pleasure ; and together vvith them , vve have a fairvvell to parliaments : in a vvord , our designe must at last set up it's head , and discover it self , things are come to their just maturity : novv vvise men see , that a vvar vvith the dutch , and a conjunction with the french , as the sole and proper expedient , to finish what is brought to such ripenesse , is inevitable : if the millions , for vvhich vve are become stipendiary to the king of france , vvill not serve the turn , we will both give the nation , a foretast of vvhat vve intend for them , by shutting the exchequer ; and vvhen parliaments can do no more , make a trial , vvhat the unaccustomed vveight of absolute soveraignity can squise from them ; and also furnish our selves , with a sufficiency , for carrying on our designe : if a project of absolute foveraignity be not fairly deduceable from these courses , and if his majesty be not engaged beyond a retreat to hold on , vvhen he hath run so great a length , as he knoweth even this parliament ( how much more a new one ) would declare against , condemne , seek how to redresse what is past , and effectually prevent such exorbitancies for the future , let wise men judge . but suppose the designe be , from these and many such things , demonstrable beyond denyal , do not the difficulties , yea moral impossibilities , which seem to lie in the way of it's accomplishment , perswade to a surcease , phohibit the attempt , and secure the nation from the feare of so fatal-like an enterprise ? sure , the funest consequences of windeing up soveraignity a pegge too highe , are too fresh and recent , to be quite foregotten ; and can these be remembred , without foreseing what is like to follovv upon our graspeing at , an every vvay absolute soveraignity ( little different from a turkish tyranny ) over a free-spirited people , generously emulous above all other kingdomes , of the glory of a free nation , vvhich hath been worthily contended for , and nobly maintained by our antcestors ? it can neither be hid from his majesty , nor the men of this contriveance , hovv this cannot be fixed upon and followed , without resolving , not onely to involve the nation once more in a bloody war ; but to delete and extinguish all true english-men , without leaving a man , who retaineth , as more valueable then his life the noble disposition of the nation , unpatient of tyrranny , because above slavery : yea , suppose the french king should , in lieu of our gallant souldiers now sent , or rather basely sold to support this tyranny , and subserve his further designes , after we had destroyed our ovvn subjects , send us over thousands of his french paisants , born under this yoke , to be a seed of bastard-english slaves , he is not sure but the nature of the soile and clime might change their quality : but laying aside the desperatnesse of this designe , and the considerations of the cruelties it would drive us to , before vve vvere so setled , that we vvere beyond feare of being shaken , doth nothing of danger to the contriver , appeare in the undertaking ? the men of this counsel , cannot be ignorant , that if a war be raised upon this head , it must end in the perfect and final overthrow of one of the parties ( and are they invulnerable ? ) especialy , considering , that the subjects are now made sensible , how vain it is any more to trust court-oaths , covenants , or any assurance of the like nature , which will , or can be given , and that not onely because of a practical breach of faith ; but because , it is become a court maxime , and a principle in our new politicks , that no oath , covenant , or promise , given by , or elicit from his maj. by his subjects , in a time of war betwixt them , bindeth him longer , then he is in case , with his own safety , to tell them , it was rebellion to require it , and to make them know , and finde he is able to break it ; yea it may be , to make all strong , and free him from the guilt of perjury for doing so , nulla fides cum haereticis , may be made use of in it's season . but these things seem to be digested with us , and as they have been of no weight or merit , to disswade from the contriveance ; so , if they should demurre us in the execution of our purpose , it would argue an irresolution , pusillanimity and lownesse of spirit , whereof we resolve not to be guilty : rubiconem trajecimus , jacta est alea , the stravving of our vvay vvith the dead bodies of such insolents , as dare mutter their dissatisfaction , or more manifesty seek to marre , or set themselves to oppose this glorious designe , of pure absolutenesse , is resolved upon , and if vve be necessitat to open our vvay vvith the sword , to this domination , vve are sufficiently provided , and in case for it ; so that on all accounts vve may promise our selves , either no opposition , or so vveak , as vvill rather encourage ( having thereby some colour of justice to cut off at once & for ever , such , vvho dare attempt to crosse our royal inclinations ) then , be able to advance their opposition , to a making of our enterprise difficult , let be desperat : what should dissvvade or divert , where there is nothing of resistance to be feared ? for first , the clergy of the nation having prostitut their conscience , to serve ourlust , that , without more bebate , our royal pleasure is to them the law , even in things sacred , and knowing their dependence upon us , in esse and operari , they will be so far from crossing our pleasure in civils , that we have ensured their assistance , in enslaving the nation ; and as they have benummed their conscience , into an acquiescence to our will , in the matters of god ; so we can easily command them , in despite of reason and religion , to palliat , whatever of rage may be in the prosecution of our designe , with some colour of either necessity or justice . as for the fanaticks , the division which julian the apostat endeavoured to creat and keep up amongst christians , ne unanimem timeret plebem , is , an easy work for us : their own mutual animosities , jealousies , diffidence and strivings , give us rather matter of encouragment , then feare : but besids , we have under colour of grace and favour , drawn off , some leading fanaticks , to accept of our pardon , whereby , as the multitude of their old followers , have not the same confidence , to communicat counsels with them , about creating us any disturbance ; so , the persons thus decoyed , have more reguard to their own safety ( knowing how easily we can novv reach them ) then either to speake , or suffer themselves to be spoke to , in these matters : and for the generality of the fanaticks , our late indulgence will so far attain it's end , as to charme them into a sopor , whereof we are put out of doubt , by these solemne acknowledgements , which have been made , and thanks vvhich have been given us , for such an expression of our royal bounty , and clemency ; ( poor dreamers ! ) & vvithal , for a perfect security , from the counter-vvorkings of the fevv more restlesse and implacable sort of fanaticks , vve have , by the ministrie of some of the same spirit and temper , ( for this very purpose , on our part , admitted to our favour ) made sure , that nothing shall be hatched amongst them , vvhich shall not be heard by us , so , as vve may crush it ere it can crawl out of it's shell ; seing the persons admitted to this grace , must maintain the credit they have got , by giving us notice , at least when enquired at , of all they knovv ; and as each of these ( being persons of different persvvasions , and because of their old and late grudgings and jarrings , easily emoulous of one another's court ) will endeavour , to recommend himself unto us , as most worthy of our favour , by striving , who shall bring over most of his party , professedly to accept of our pardon , when we are at leisure to give it ; so , they will be careful to commend , and make themselves considerable by their intelligence ; for which end , we not onely allow them to entertain their old familiarity , and known intimacy with their party ; but we maintain and keep them in case , to have each his instruments , by whom , he may be fully informed , of whatever passeth amongst his old associats : and the jealousy , that each of these two principal agents , hath , that either his court and credit with us , will fall lower , then the other's , if he mantain it not with an equality of service ; or that the other might , in order to the making of himself most considerable , reveal some things , not onely of his own party , that dependeth more directly upon him ; but of what were a doing or designing also , in the party , and amongst the intimats of the other , will make both very open hearted , in discovering the utmost of what they know : as this , i say , will be the procedour of these persons ; so the certain knowledge hereof , will create such distrust and diffidence amongst the more prudent of the fanaticks , as will cut of all communication of counsels upon this head ; since they will be jealous , that there may be , in the most select number , some , whose service in discovering what ever passeth , is ensured to either , or both of the tvvo , vvhom vvee vvould never daigne to see , if it vvere not , that with their eyes we might see into the bosomes of their fraternity . as for the ancient nobility and gentry of the nation , most of them being old or worne out , who would have counted it more honourable to have died in the quarrel , then to have survived the liberty of their countrey , which must be now swallowed up in our absolut soveraignity , and the few who remain , seing the disease desperat , are more like , in their despondency , to chuse , to sigh out the rest of their miserable dayes , in such a lot , as our absolutenesse will carve out for them ; then expose selves to certain ruin by appearing to oppose , when there is neither hope nor humane probability of putting a stop to this new setlement : and for the young nobility and gentry , can grapes be gathered off thistles ? we have not onely secured our selves from their opposition , but ensured their assistance : for care hath been taken , to traine them up , and habituat them , beyond a retreat , to all manner of lewdnesse and licentiousnesse of life ; so that morality , is the matter of their scorne , hatred and detestation , as high and unheard of flagitious practices , are the matter of their boasting : now can it be expected , that such who count it a glory to be delivered from the bonds ( or as they judge it the bondage ) of morality , will strugle for the liberty of their nation , and contend for the preservation of religion , especialy knowing , that if the nation were again , what it once was , they would either be constrained , to relinquish these wicked courses , to which they have devoted themselves ; or be looked upon , and carried towards , as the filth and offscouring ; of the generation , onely fit for the dunghill ? no , we are sure of these beyond hesitation : as our play-houses have been accademies for satan , wherein this young generation of gallants , have commenced his disciples , and mancipat their souls to his yoke , blessing themselves in this subjection , as true liberty ; so , they have laid aside and lost by the same means , all sense of true honour , vertue , and love for the prosperity & real privileges of their countrey . now giving and graunting , there are a considerable number of persons , neither tainted with vice , nor wholly laid aside by the former considerations , whom we can never gaine to a compliance with our designe : yet , we are sure they will not move nor dare to appeare , to prevent or oppose us , in the prosecution of our purpose : seing they know , that upon the least surmise or whispering of this nature , we would pretend a present necessity to go to armes , and they are not ignorant , how by our providence and foresight , for securing the successe of this undertaking , we have put our selves in a capacity , to sacrifice to the designe of our absolutenesse , the lives of all who will run the risck of opposing it . and this leadeth me to speake a little to the care that hath been had , and the courses which have been taken , to secure the end , before an open entry was made in the way leading to it : first , all places of trust and power , are put in the hands of such persons , as will by choice and obligation be true to our interest ; knowing , that we cannot succumb in the enterprise , but they must sink and be crushed with us : secondly , we are not onely sure of the assistance of all our loyal and faithful subjects , our bosome confidents , the roman catholicks , but as they are beyond beleef numerous , by the courses we have taken to encourage them ; so they are provided , and in such readinesse to rise , that vvith difficulty they are kept back ; and the assurance they have of our being true to our designation , viz defender of their faith , and to our ghostly father's interest , who signalised his son's fidelity , with this title , maketh them as intirely ours , as they know us to be theirs : thirdly , our new magazine at windsore castle , our faithful and loyal subject that irish papist , vvhom we have made real governour of the tower ( for sr. john robinson , is an insignificant nominal ; but the lesse significant , the better , when joined with a second , designed for sole significancy ) our new fort at gravesend ( built upon another pretense ) will all serve to keep the city , ( if it be thought fit to save it from being burnt the second time ) the head of all the insurrection , or trouble we feare , either quiet , or vve vvill be in case to liberat our selves of our feares , by cutting it off ; and to guard effectually , against a may be of a miscarriage in this enterprise , we have made sure the power of france , whereby we will be easily able , to over-power , what might prove too difficult for us , to overcome by our selves : the great predominant consideration , which hath contrair the perswasion of all the old interest of england , determined us to a conjunction with them , in this war against the dutch ; whose landing we have secured in our cheife cinque ports ; and now the mystery of plimouth fortification is unridled : their setting foot on english ground is made easy ? not onely , because they have our english fleet to convey them , and one of the chief strengths of england to receive them ; but under colour of guarding the coasts against our dutch enemies ; we have raised so many forces , as will serve to welcome our french friends , and they together , will give an opportunity for the rest , who are impatient of a delay , to draw to a head ; so that , what with the number of atheists and papists vve have already vvithin our selves , and vvhat by their daily encrease ( for vve expect a flovving in upon england , as a torrent , the scum of the popish vermine , out of all nations abroad , in ansvver to our invitation of strangers , especialy , seing , vvhat vve have hinted of liberty and protection to the popish religion , in that our declaration , vvill be very vvell understood by our sagacious friends abroad , as it is at home knovvn to be a plain declaration of our purpose , to setle popery , as the publick profession of the nation ; from vvhich , nothing hath hitherto vvithheld us , but vvant of power ) we are sure ( i say ) with these not onely to make our selves formidable , to all who would oppose us ; but also to be able , to cover almost in one day , the very face of the nation , and cut in peeces at once , all whom we suspect , to be guilty of an inclination contrair to our royal pleasure ; and vve are sure , the execution of our commands , shall be in the hand of such , who with a tygerish keenesse , vvill execute our vvill : what then can appeare able to stand in the vvay , or put us to a difficulty , in effectuating our purpose ? i knovv the more prudent in the nation , vvill readily apprehend , vvhen they consider , vvhat a vast treasure the court hath devoured , and hovv they have so habituat themselves to this prodigious profusenesse , as they may assoon cease to be , as cease to change their way ; and when withall they perceive , how , vvhile they are such , that all vvayes of satiating this boundlesse appetit are impossible ( for parliaments can do noe more ; yea this very parliament , if called together for that purpose , hovv probable is it that in stead of a nevv stretch to give more , not onely the disgraceful receiving of the french millions but the court 's medling with the treasure of the nation , and destroying it's trade and credit , by that stop , without a precedent , put upon the exchecquer , vvould be resented by them ) that the court is engaged and resolved to lay them aside , and usurp for the future , a pure absolutenesse : they have created to themselves this necessity : for it is not imaginable that a vvay novv can be found out , besids this desperat expedient , hovv both his majesties debts shall be payed , and the court maintained , as it hath been these yeers past ; ( though vvith much lesse lustre , then the illustrious courts of england , famous formerly through the world , for their magnificent plenty , sumptuous entertainment , and numerous retinue ; vvhen the revenue of the crovvn vvas scarce the halfe of vvhat it novv is : neither were these kings treasures empty ; so that the vastnesse of our present yeerly revenue , beyond what former kings had , with the incredible summes , which have , partly been given , partly exacted and squised from the people , the penury of the court , while it's bill of fare is abridged almost to a basenesse , make men stand agast and inquire at the wayes , how this treasure is spent ? whether it be hoorded up , as some suspect , or by the vvhirle-vvinde of an invisible curse svveeped avvay vvhich many beleeve ) if any remaine still obstinatly incredulous , notvvithstanding of vvhat is said to discover this to be the designe , and hovv , vvhat vve are novv doing , is , in order to the bringing of our purpose to passe , all the evil i wish him , is , that the court to vvhom he hath so much charity , do not cure him of this distemper , by destroying his ovvn , together vvith the nations interest . there is one thing vvhich maketh all that 's said , for convincing incredulity it self of this court designe , not onely passe for a groundlesse conjecture , but for the malicious product of some fantastick , & a bold forgery of a petulant male content viz. that suppose his maj. if he knew how handsomely to accomplish it , were passionatly desirous to lay aside parliaments ; yet considering what assistance he behoved to have , in dissolving that happy frame of government , under which the nation hath floorished so long , to the envy & terror of all it's enemies ; yet his maj. cannot but foresee , how that by making use of such a mean , in stead of attaining the proposed absolutenesse , the crown doth really fall from his head , and he precipitats himself into the ditch of a most base and abominable servitude : for since the instruments chiefly to be made use of , for carrying on this desperat designe , must be the roman catholicks at home and abroad ; their fidelity and assistance cannot be assured at a lower rate , or upon any other termes , then by setling the romish idolatry as the publick profession of the nation ; and if so , then his maj. in stead of an absolut soveraigne , becometh rom's tributary , holding his crown precariously of the pope : nor can his maj. be ignorant how he is not to expect , to be in the same condition of servitude with other popish princes ; england being more purely the popes patrimony then other kingdomes , peters pence must be payed in recognisance of his superiority , whereby king & kingdome is debased to hell : this one obvious consideration i say , hath made wise men ( though never the wiser for that ) judge it impossible , that ever the designe of absolutenesse , could transport his maj. into such a mistake , as to accomplish his end by this midds , there being so close and cleare a connexion betwixt turning the nation into a province , the prince into the pop's deputy or substitut , & setling of popery as the profession of the nation : it 's true all persons of understanding in the nation , did with surprise & amasement behold how papists were encouraged and countenanced , how their profession seemed to qualify them for places of trust , and commend them to our favour ; nay good men behold with grief and horrour , how the favours heaped upon the irish rebells did amount to the height , of more then an interpretative owning , of that horrid massacre in ireland , whereby the guilt of so much innocent blood is brought upon the throne , and his may. exposed also by this , to share , in all the wrath and vengance , which shall fall upon the head of of the shedders of that blood , as a return to the cry of the souls under the alter , from him who not onely maketh inquisition for blood , but in whose eyes the death of his saints , is so precious , that he engageth to give them blood to drink , who have shed their's ; yea it hath added astonishment to their horrour , to see popery so publickly professed in ireland , that the popes primat is as publick there , as his majesties ; nor are their scooles lesse patent , or their meetings for their idolatrous worship lesse publick ; but whither , what hath been lately done in england , doth lessen or highten the amasement , is a question : every one thought he had so much reason to disbeleeve a designe of setling popery , that the nation was abused into a supine negligence & deep security , even while they looked on & saw it excresce , to the contemning of law , & overtoping of all other intersts ; insomuch that men for feare ( forsooth ) of losing the repute of wise and prudent , fooled themselves for company , either into a sameness of apprehension , with such masters of reason , as judged this enterprise , on the court's part , the height of folly , and the jealousy of it in others , a shallownesse of apprehension at best ; or dissimulation of their feares , vvhich hath been plagued vvith a vvretched reguardlessenesse , hovv it vvent vvith the interest of christ ; and if novv and then they vvere pulled by the eare , and bid look about them , ere it vvas too late , by such as compared the courses taken , to propagat that abomination , and promove the popish interest at home , vvith his majesty's carriage vvhen abroad , hovv he remained inexorable notvvithstanding of all entreaties , nor could he , by the most ardent and earnest beseechings of the protestants , be overcome to a compliance with their desires , of being present at their worship , frequenting in the mean time the mass , in paris , brussels , cullen , &c. which with other things , was the ground of that assurance we had from abroad , that his maj. had renounced the protestant religion , the papist's boasting everywhere very openly that his maj. was turned catholick , and making use of it as an argument to prevail with others , whom they endeavoured to seduce into the same abomination : the protestants vvere grieved and sad at the certain persvvasion and foresight of vvhat would follow , ( though we were fooled into a fearelessenesse ) to the prejudice of the reformed religion , upon his majesties restitution ; yet they would reason themselves into an obstinatnesse in their first opinion , and though they neither did , nor could deny his majesties carriage abroad , to have been such , nor yet shut their eyes upon what they saw acted at home ; they would still , graunting all their monitors premisses , which , being matters of fact , were manifest by their own evidence and light beyond a denyal , reject their inference , and upbraid for the brutishnesse of such a feare , seing such a setlement of popery , was inconsistent vvith policy , and utterly destructive of his majesties interest ; supposing that whatever favours he heaped upon these unhappy men , would not excresce to the prejudice of that , but be confined within the limits , vvhich his own honour , ( to say nothing of what the oath of god required of him ) and the liberty of the nation , should have set to his liberality , yea for confirming themselves in this their tenaciousnesse , they would both give and graunt ( but without ground ; for he who will be false to the true and living god , vvill readily be true to a false ; because this is inflicted as a part of their punishment , yea a dreadful part and plague it is upon such as make apostasy , that they should be mad upon idols ) that his maj. in his exile and distresse ; might not onely , in order to the engaging of the popish party , to endeavour his restitution , and secure a maintenance to him while abroad , frequent their mass , and openly decline the protestant assemblies and worship , but had besids , given the pope all possible assurances , of enslaving the nation to idolatry , upon his restitution , and in the highest and most ample formality , had renounced the protestant religion ( being indulged for the interim , upon a politick designe , and in order to the more safe and certain performance of his promise , to retain in his family the english service book ; whereof one said well , that it was an ill said mass ) giving , i say , and graunting all this , yet the evidence his maj hath given , that with him it is a light matter to break covenants , oaths and most solemne engagements , whereby his own soul , together with the souls of the whole nation , vvere most explicitly and formaly bound to the most high , as alteri parti contrahenti , under the pain of his dreadful displeasure , when the adherence unto , or the performance of these vovves , seemed to interfere with his other designes , or were apprehended ( o sad mistak , vvhere the error exposeth to the ire of him , who cuteth of the spirit of princes , and is terrible to the kings of the earth ) to be inconsistent , with his other interests ; this i say , gave them ground to over-perswade themselves ; and because they would have had it so , flatter themselves into the beleefe ; that such promises would not be looked upon as obligatory , when they were discovered to be so manifestly destructive , not onely of all the deare and precious concerns of his subjects , but , to conviction , a total ecclipse of royal majesty ; being really the debasing of his person , and prostitution of his imperial crown , to be trampled upon , and trode under foot by that romish beast . but if i can do no more , for awaking such to weep over , what their security , and the dreamings of the nation , make now almost humanitus impossible to prevent ; ( onely with god all things are possible ) i would desire them , in the first place , to consider , that for kings to be blindfolded and hurried headlong into this slavery , is nothing else , but what we have expressely foretold by the h. ghost ; and is it any thing else in him , to follow the drove of those , who , in like manner , have over the belly of the same perswasions to the contrair , shut up themselves in this house of bondage , and subjected their consent to the dominion of this beast , this mistresse of witchcrafts , who entiseth the kings of the earth , to commit fornication with her , and having made them drunk vvith the cup of her abominations , vvhich she propineth them , they submit their neck , to take on her yoke , & give their power , to maintain her grandure , in opposition to jesus christ , whose servants are slaine by their svvord , to gratify & satiat the cruelty of this scarlet coloured vvhore drunk vvith the blood of the saints and martyrs ? yea the kings of the earth , are so bevvitched into a complacency with her fetters , & intoxicat vvith her cup , to that height of madnesse , that they vvill vveep & cry , alas , alas , at the sight of her smoak & burning ( soon may he and the rest of the kings of the earth see it , & vomit out at their eyes , the satisfaction they have taken , in sheding the blood of the saints ; if nothing else will be a curbe to their rage , against the lord and his servants , & cure them of this madnesse , he is the lord who will hasten it in it's time , and make her & them finde , that the lord who judgeth both , and avengeth the blood of his servants , is strong , when he taketh vengance , and meeteth them not like a man ) but secondly , i judge , as to us , it would be more prudence and religion too , to be lesse confident in our politicks , not onely because of the expresse prediction of this infatuation ; but when we consider , what ground there is of feare , that his majesty , in the righteous judgement of god , be abandoned to the advance and setlement of this abomination , contrair to his own and the nation's interest ; these revoults from , these insurrections and rebellions against , the most high , these deliberat and shamefull breaches of solemne covenants , and sacred vovves , whereof he hath made himself and his dominion guilty , may rather make us wonder , if the lord do not leave him to follovv these courses , then to see him given up unto them : is it not a righteous thing vvith god , since he hath broken his covenant with the most high , wherein as he was bound to nothing , but to walk with god in his kingly capacity , and rule for him ; so in the same covenant , his subjects in a just subordination to the lord & his christ , were solemnely engaged to obey him , to be religiously tender of his honour and interests , and himself , together with the world , knoweth , that it is to this oath of god , whereby his subjects found themselves obliged in conscience , to endeavour his restauration , that he oweth his crown and peaceable restitution : i say , is it not a righteous thing with god , since he hath broken such a covenant , whereof he hath reaped so much advantage , to leave him to such courses , and the making of such confederacies , as shall make the world see , feare and tremble , at the revelation of his judgments , because of a broken covenant . it were as superfluous for me , to offer the nation an account , of the manner and methods followed , in breaking this covenant , as it might seem to savour of a malicious designe , if matter of fact were represented , with some of those most obvious aggravations , which made the sinfulnesse of it reach heaven , and is like to cause god remember this iniquity : but sure each soul , who hath not sinned away all conscience , of the sacred obligatorinesse of oaths and covenants , especially these , made , not onely before the most high as a judge , but vvith him , as with the party contracting , cannot remember , with what solemnity , this covenant was entered into , and vvith vvhat insolence , rage and spight , it hath been throvvn in the fire , and trampled upon , and made treasonable for any to assert it's obligation ; and hovv , to this day , vvhosoever dare not for feare of the almighty , do the same abominable thing , which his soul hateth , maketh himself an offender , and exposeth his person to the lash of the mischiefs , framed into a law , against the asserters of this obligation ; ( o daring insolence against god , and base ingratitude against men , thus to destroy the men , who were the sole instruments of restoring his majesty ! ) but , as he must perceive , the contrivers and framers of these lawes , abandoned of god , to vvalk in the vvayes and imaginations of their own evil heart , so he needeth not wonder , if persons so judicialy left , to courses , destructive of their eternal welbeing , and the onely valuable interest of their soul , be also in the righteous judgement of the lord , left to such courses , as are truely destructive of their temporal interests ; the not receiving of the love of the truth , especialy the opposing and persecuting it , may not onely be punished , with a being given up of god to strong delusions , to beleeve a lye , that they may be damned ; but also to a being given up to strong delusions , to beleeve a lye about all their worldly interests and concerns : o that it might be given unto his maj. as his mercy , which were a favour , every way preferable to the empire of the universe , and as the mercy of this poor nation , to remember his ovvn evil vvayes , and to turn to the living god , that so he might turn avvay from the fiercenesse of his anger , and then establish his throne , upon the solid base of religion and righteousnesse . thirdly , let such over-wise politicians , awake out of this dreame , to consider , not onely , the facility of this establishment , but hovv it is so really and upon the matter already setled , while vve sleep ; that the prevention , of a formal establishment , seemeth onely in his power , who laughs the wicked out of their project 's , and bringeth the counsel of the heathen to nought ; to say nothing of the unmasked confidence , and plain peremptorinesse , wherewith the popish party amongst our selves , have , of a long time , boasted in terminis , hovv their plot was so laid , that it could not misgive ; nor of their insultings abroad , upon the same grounds of assurance : let it be considered , first , to what number , strength and power , the popish party amongst us , is arrived , partly by the secret encouragement , partly by the open countenance they have had , since his majesties return : as for their power and prevalency at court , the current of affairs is demonstrative , that they are the only cabal , who spirit and animat all our motions ; for it had been impossible else , ever to have engaged and involved us , in this war against the dutch , in whose designed overthrow , the destruction of the protestant interest is intended : and as to there number , besids the swarmes of those locusts which cover the face of our court and city , and overspread the whole land , and that inundation , which , like a torrent , floweth in upon us from forraigne parts , as if rome had opened it's sluce , to drown us with that deludge , or rather the dragon had cast these waters out of his mouth , to cause the woman thereby to be carryed avvay , and svvallovved up , vvhich lately had brought forth , the man child of such a reformation : is it not found by experience ( for regis ad exemplum totus componitur orbis ) that , not a fevv persons , of quality , are gone over and seduced into the romish perswasion , of whom , no such thing was feared or apprehended ; insomuch that he who is not tainted himself with this wicked contagion , beginneth to doubt , what person of quality , may be concluded , to be realy fixed in an opposition to this wickednesse ; there seemeth to be nothing , but a fit opportunity , vvanting , to make an incredible discovery of persons , vvho yet think it convenient , to goe under the name and disguise of protestants : and as men vvho knovv the romish principles , and hovv ordinary it is for them , to tranforme themselves into every shape , that , while appearing like angels of light , they may with lesse observation , and more certainty , carry on their work , and establish their kingdom of darknesse , may very rationaly judge that they are numerously lurking , under the garbe even of the manifold and various perswasions , which seem , in their principles & practices , most remote from , and opposit to popery ; ( i need not mention , how they svvarme amongst , and are served by our episcopal clergy ) so it is very vvell knovvn , in vvhat numbers , they have hid themselves , and hatched their vvickednesse , under the dottage and disguise of quakerisme ; insomuch , that sober and discerning men , from the consideration of these mens priciples , their desperat enmity , especialy at the stanch protestants , and more eminently godly non-conformists , together with the good understanding , which is between the leading persons of that party , and the court , do rationaly inferre , if ever there be an opportunity for these men , to discover what they are at bottome , the bulck of them , will be found , vvith the utmost of irrational and brutish fury , to adjoine themselves to the popish party , or rather discover , hovv being already their 's in heart , they onely judged it most convenient to dissemble , and lurk under this shape , till vvith most advantage to popish idolatry , and danger to the protestant interest , they might appeare , in the true shape of the locusts , vvho are like horses prepared unto the battel , rev. , , , , . having for their king and captain abaddon or apollyon . . but then as their number , may give the facility to this setlement , an obvious probability ; so it is more assured from their posture , and present readinesse for action , and warlick capacity for puting all the mischief that is in their heart , in execution , and with a rage peculiar to the dragon's followers , runing dovvn whatever would offer to stand in their way , or oppose this setlement . i need not here repeat that which is already hinted , what of our visible military strength , is in their hand , and how our forts , forces , armouries , magazines , with all manner of warlick-provisions , seem to be destined and devouted to that service : but have not wise men , with feare and amazement , observed , how , that since his majesties return , the popish nobility , gentry , yea to the most ordinary of the common people of that persvvasion , from the one end of the nation , to the other , have , being prompted and put on by these restlesse ring-leaders , the priests and jesuits , been preparing their slaughter weapons ; so that he vvho considereth their present capacity and posture , cannot escape this conviction ; that there was never in england , so numerous , and so well appointed an army , lying ready at a call , as there is , at this day , of papists , whose blind rage against god and his truth , will prompt them to the height of cruelty , against all ranks , sexes and ages ; hence are these dayly boastings at home , of apprehended impossibility of the misgiving of this setlement , and these insultings abroad , at it's certainty , the papists not standing to say , that novv , they see no rub in their way , if the united provinces were once ruined . secondly , the difficulty of accomplishing this their wicked designe , will evanish , if these two be further considered ; first , how the persons of quality in the nation , are utterly debauched , ( for , alas , they who are chief , are chief in all abominations and unexampled impieties ) especialy the young nobility , and gentry ; secondly , what a constant and known transition there is , from atheisme & all profanity , to popery , the mother and nurse of all abominations in practice : he , i say , vvho considereth these things , vvill be so far from expecting an effectual opposition , to the setlement of popery , from a generation , vvho seem rather , to have been brought forth and educat in the stewes of rome , then borne vvithin the pale of the visible reformed church , that he vvill conclude , a liberty to live as in the suburbs of hell , vvill make them vvithout difficulty , professe themselves the childreen of that mother , vvhom they do so perfectly resemble : will these , vvho can glory in being beasts , and boast themselves of their prodigious wickednesse , these , who in the whole of their way , carry , as if they had nothing in them , above the swine , having buried in that dunghil and pudle of sensitive delights , wherein they wallow , the consideration of their immortal souls , contend for the faith once delivered unto the saints , or resist unto blood , striving against this wickednesse , even when under the countenance and encouragement of authority ? if any will persist , in his obstinat incredulity , when his majesty's indulgence is ( after all the other favours he hath heaped upon them ) extended , to the seting up of their idolatrous worship , throughout his dominions , that the introducing of popery is not designed , and that there is nothing , in this our conjunction vvith the french king , against the protestant stats , declarative of this purpose , or continue impersvvadible of a possibility to compasse it , he is like to be knokt in the head , for a cure of this distemper , and may be certainly concluded , by puting far away the thoughts of such a day , to be given up , that he may be swept away , in this dreame , to a spirit of deep sleep and delusion : if we be men , and have not so mancipat our reason , that no reasoning will be prevalent to bring us to our right minde , we cannot deny a conclusion , inferred upon such premisses : but withal ; if we be christians , and add to all the above adduced evidences , that both this is upon the heart of adversaries , and a competency also , yea overplus of power in their hand , to effectuat it , the consideration of our sin , and wrath presaging security ; we may with trembling , entertain ourselves , with these thoughts and fears , that god , in his righteous judgement , because of our abuse of his glorious gospel , and impenitence , under most cleare and crying calls to repent , and receive instruction , lest his soul be seperat from us , be about the taking away of his kingdome from us , and giving it to a nation , which will bring forth the fruits thereof , and render them to him in their season ; and because we have not loved to walk in the truth , he deprive us of that truth , and in taking away his candlestick , write our sin , and his displeasure upon our punishment : and here , i cannot forbeare to tell , how with feare and anxiety , i have heard some of our good ministers , tush at the expressions of their brethrens feare of a designe to setle popery , as if the thing were a pure impossibility ; but i judge , they did so , rather because they would have it so , and partly from a peece of inadvertency ; then from the due & serious weighing , both of what we have done to deserve it , and what the adversaries , are designeing and doing ; for , if these were represented to us , as nothing should be found , in the dispenfations of god , so nothing in the disposition of his own people , or of his and their adversaries , which would not presage sad things , yea minister matter of terrour , at the thoughts of this very thing . but without insisting , by a superfluous deduction or enumeration of particulars , further to demonstrat these things which are past all peradventure , with them , vvho vvill be at the pains to reflect on vvhat is past , and set , or suffer themselves to understand , the genuin sense and true import , of vvhat they novv heare & see acted , i shall ( as the thing aimed at in the whole of this discouse ) shut up all in a word or two , with a more direct reference to what i humbly judge , to be the duety of all the persons in the nation , who desire to be approved of god in such a day of triall , temptation , rebuke and blasphemy : and first , do not these things , my brethren , say , that now it is high time to awake out of sleep : let therefore the consideration of what we see acted and aimed at , at home , and the joint tendency of the tumults and combinations abroad , drive us out of our dreaming security , to consider in great seriousnesse , what danger the work of god amongst our selves , and throughout the world , is in ; shall we sleep as do others , while his precious interests and people are in such hasard ? shall the lords voice be crying to the city , to the countrey , to the nation , to all the churches of christ in the earth , and shall not we be so wise , to see his name , and understand the language of this his terrible rod , held over our head , and the designe of him who appointeth it ? it 's high time to awake , when we are liketo sleep the sleep of death , if we sleep long . secondly , it is not every inquiry into the emergents of the present day , or observation of the sad posture of affairs , that will prove us to be men of understanding who know the time ; if we could dive into the depth of all our enemies secreets , and make a perfect discovery of all their desperat designes ; yet unlesse we consider the things , which are like to overwhelme us in their procuring cause , unlesse we set our selves to search out the accursed thing that is with us , and what are the national , yea personal provocations of his sons and his daughters , for which he is like to give up the dearlie beloved of his soul , into the hand of his enemies , and into the hand of such as hate them with cruel hatred , all is lost labour . it would draw me to a length beyond my designe , to reckon up in order our provocations , or represent them with their high and hainous aggravations , time would fail for such an undertaking ; who is sufficient for this thing ? we may , with great certainty , say , upon a very overly search , that our wickednesse is great , and our trasgressions infinit ; it 's well for us , they want this of simple infinitnesse , that they can be swallovved up of infinit mercy : but there seemeth to be some special provocation , comprehensive of all the rest , pointed at by these manifold and multiplied dreadful calamities , under vvhich this poor nation hath been crushed , and by all these more formidable things , vvhereby , utter destruction of our persons , posterity , and of all our interests , both sacred and civil , is further threatned ; this is the thing , for which he is mainly contending , and this is that dangerous enemy , that domestick enemy the destroyer of the church and nation , after which our inquiry should be : and having discovered this enemy , if we would have peace with god , even that peace which passeth understanding , peace in life and death , peace in our borders , and on the israel of god , we are not to let him , when found , go in peace ; a revenge here , vvith the height of hatred and indignation , is not onely lavvful , but in order to the preservation of soul and body , church and kingdome , religion and liberty , simply necessar , and indispensibly duety ; if vve do not search this out , he vvill seek out our vvickednesse till he finde none , and then vvoe unto us ; or having found it , if vve make light of the matter , then we engage him to let us know , that it is a bitter and an evil thing that we have forsaken the lord our god , and that his feare hath not been before us ; if we would have his eye spare , our's must not : but what may this provocation be ? i must professe my self helped in this inquiry , by calling to minde , what an eminently faithful minister of jesus christ said , preaching at a fast upon our anniversary day , kept for the burning of london ; after he had insisted upon many sins , which might be pointed at by such a remarkable stroak ; but , said he , the strangenesse and stupendiousnesse of this judgement , seemeth to point at some one sin , which is by the head and shoulders taler then all the rest , ajudgement , the like whereof was never in the nation , seemeth , to point at a provocation , never before in all it's circumstances , nationally committed ; what can this be ? truely , said he , we need go no further to finde it out , here it is ; god burnt , or permitted in his anger this city to be burnt , because in it , by an order of king and parliament , ( horresco referens , be astonished o heavens at this ) that solemne covenant , entered into with the most high god , about things which had the most cleare connexion with his glory , and direct tendency to the advancement of the kingdome of his son , in the nation , and in the souls of men , wherein also the temporal , aswel as the eternal welfare , of each and all the persons contracting vvith the lord god , ( as his maj. vvho ovveth his crovvn and establishment to it , may say ) vvas provided for , and secured ; even this covenant vvas burnt in our city , by the hand of the common hangman ; this , said he , is a punishment in it's greatnesse and strangenesse , some way proportioned to the sin pointed at , whereby it vvas procured : he spake like a seer , and one who had the minde of christ , that said it : o that all ministers of the nation , spake the same things , at least on those dayes , appointed for weeping between the porch and the alter ; and that all the professing people of the nation , who have come under the bond of this covenant , might , in order to a right mourning before the lord , be like minded ! however , in this discovery i subsist : it was fit ; it was an act of holy righteousnesse in the judge of all the world , that the nations abroad , who had heard of the burning of this covenant , and had observed , how , in this , our rage against god , his vvork , way and people , had reached unto heaven ; by which act also , he being the great and glorious party contracted with , we gave him , with all imaginable fury and formality , the defiance , should also heare , hovv , this glorious lord god , thus dispightfully and dareingly provocked , had burnt that city , and sent as it vvere fire dovvn from heaven upon it , to consume the place , vvhere such a prodigious vvickednesse had been committed . truely , my brethren , it concerneth all of us , in this day of his contendings with us , and in this yeer of controversies , to call to minde a broken covenant , and a burnt covenant , vvhereby , vve , our king , our parliament , and the vvhole nation , stood unalterably engaged , to make our selves happy in holinesse , in vvorshiping the living god , according to his ovvn vvill , and in walking before him , in our particular stations and relations , like the vvorshipers of the true god : vvhose main designe in the world should be , the adorning of his doctrin , and shewing forth his vertues in all things : this covenant , i say , which bound us to our own blessednesse , in binding us to the good behaviour towards him , was broken , and these cords were cast away from us , this pale , whereby we were onely hedged up , from falling into everlasting burnings , was plucked up : now brittain , novv england lay it to thy heart , for this , the hand of the great god hath smitten , for this thing , it is still stretched out : will we not take warning ? will we harden our selves against him , & prosper ? may not the things , which have overtaken us already , make us know , that it is a feareful thing , to fall into the hands of the living god ? oh , inconsideration hath hardened us into impenitency , and ripened us for judgement ! will nothing awake us , till the terrors of god take hold on us as vvatter , and a sudden tempest of indignation , steal us avvay in the night ? it vvill be too late then , to think of fleeing out of his hand , when he hath begun , to cast upon us , and not spare , when he hath vvhet his glittering svvord , and his hand hath taken hold of vengeance : dreadful may the expectation of our hearts be , in the consideration of the things , vvhich , for this wickednesse , are coming , if repentance prevent it not ; our not having mourned for this abomination , our siting to this day , with vvhole hearts , beside the matter of so much sorrovv , may make us meditat terrour least he tear in pieces & there be none to deliver . let us consider , what judgements and plagues follovved upon the avouched and enacted breach of this covenant , that vve may know , hovv he hath contended , and will contend for this , if vve return not : in the first place , there is no man , who is not under the plague of spiritual occecation ; nay , no man vvho retaineth so much of morality , as will distinguish him from a beast , but if he vvill consider the practice and conversation of the men , vvho framed this mischiefe into a lavv , yea and of all vvho rejoyced in that day , and said , aha , so would vvee have it , this is the day we looked for , we have found , vve have seen it ; but it must extort this testimony from him , in despight of all palliatings , and covering vvith those coverings , vvhich are not of his spirit ; that since that day and time , never vvas there a race of men , never vvas there a generation , more remarkeably given up of god , to vvalk in the wayes of their ovvn heart , & that is hell-ward ; as there were never men , who have more manifestly declared their sin as sodom , or have been lesse solicitous to hide it ; so there was never a nation , never princes , never people , who might have been more justly expostulat with , in the same terms , that his people of old were upbraded for their wickednesse , is. . . hear the word of the lord ye rulers of sodom , give ear unto the law of our god ye people of gomorrah : as never people did cast off , so blessed and honourable a yoke , with so much malice and dispight ; so never was there nation or generation , who did more advisedly and deliberatly take on satans yoke , seting themselves to vvork wickednesse in the sight of the lord ; insomuch , that we are become a by-word , a hissing , & an abhorrence , as the very border of wickednesse , for our prodigious , & unheard of impieties , to the nations about us : oh , whither , since the day of our breach of faith with god , have we caused our shame to goe ? we have spoken and done evil as we could , and as if we had raked hell , to find out new methods of sinning , we have surpast the deeds of the heathen ; and as we had been onely delivered , to doe all these abominations ; so vvith a displayed banner , have vve fought against god , glorying in wallowing in the very kennel of hell , boasting of vvearing satan's black colours , and thinking it onely manhood and gallantry , to fight under his banner : let the records of former times be searched into , and let the practice of this generation , be compared with the greatest , and most universal vvickednesse , vvhich at other times had overspread the nation , and i am confident impartiality must say , that since the day of our solemne revoult from our svvorn subjection to the most high , satan hath been let loose more manifestly , to open as it vvere the very sluce of hell to the drovvning of the land , vvith a deluge of profanity , even after that the knovvledge of the glory of the lord , especialy upon our entering in that blessed covenant vvith him , had covered the land , in a good measure , as the vvatters cover the sea : from that day forevvard , alas , did the lord poure out his plagues , upon the hearts of the men of that conspiracy ; so that he who did run , might have read this engraven upon their practice , that as they did not like to retain god in their knowledge ; so god had given them over to a reprobat minde , to doe those things , vvhich are not convenient , being filled vvith all unrighteousnesse , fornication , &c. after they had broken covenant vvith him , they added , this iniquity of burning it , to that sin , proceeding from evil to worse , which had more of displeasure in it , then if they had , upon passing this law , been stricken dead with a thunder bolt from heaven ; for this was to be left , to act so , and doe that wickednesse , vvhich being considered in it's complexe , and with all it's circumstances , had never been done under the whole heaven before , let be in the nation ; ( i graunt the the like was acted in our neighbour nation of scotland , where the causes of wrath were burnt , containing an acknowledgment , of sin for the breach of this covenant ; but as this was an act of the same abused power ; so it was of a piece , with this monstruous impiety ) so that i may very rationaly doubt , if ever there was , a more solemne and acceptable sacrifice offered unto satan , upon the earth , then to have the nations engagement with god , so opprobriously cast into a fire : i know , all the ten plagues of egypt , to a gracious heart , who looketh upon sin as the worst of evils , if they had together fallen on the nation would not be remembred in one day , with this cleare and undeniable evidence of the displeasure of the lord ; that the nation should be left to commit such a wickednesse ; satan who had fled seven wayes before the fire of that zeal , which was found amongst the people of the lord , in the day when they entered into this covenant with him , & tooke on them these vowes , knew well , that now a throne would be erected to him , & that he should without controul , exerce a soveraignity in the nation , & we have seen it so : hovv , alas , hath he since that day , exerced as a prince a dominion ? & how hath that spirit , wrought in the childreen of disobedience ? but secondly , because the generality did not observe , this dreadful evidence of his displeasure ; and were not sensibly affected vvith the vvrath , that vvas vvitnessed against men , by leaving them to post in the vvayes of perdition , and run according to the drivings of satan ; he tooke other vvayes , to make the most stupid of the nation sensible of his anger from that day ; to say nothing ( vvhich yet speaketh the thing so distinctly , that idiots may understand it ) of disapointment of our hopes , and blasting of our big expectations ; for vve dreamed of nothing , but , upon his majesties return , that vve should be the head , and all other nations the tail , that vve should then floorish in trade , and increase in treasure and strength , to the suppressing and overawing of all , who would offer to compet with us ; now in stead of this expectation , wherein we blessed ourselves , and whereof we boasted , as if already arrived at our hoped for harbour , our substance is consumed , there is a moth in our estat , he bloweth upon what we had , and bloweth it away , we lose our flesh and fatnesse , our mirth is turned into mourning , and our organ into the voice of them that weep , the whole nation filled with murmuring and complaints of penury , and , which is a prodigy , the very court that eat up all , cryeth out , my leannesse my leannesse : to passe these things , i say , without insisting upon them ; let us , by a few crying evidences , remember , how god remembred this iniquity , and visited us for this sin , with judgement : and because , england had never nationaly so dared him to his face , as in his own sight , in the sight of angels and men , to burn that obligation by a decree ; wherein , the nation had obliged themselves to be his , to be no more their own , to be no more at the dispose of others , but in a due subordination to him as supreme ; he giveth order , to a destroying angel , to fall upon that city , where this wickednesse was decreed and perpetrat , and then the chief actors must flee for it , and seek another seat and city ; i need say no more of this , but as never prince , never parliament , neither the nation or city , had been guilty of such outrage , and rebellion against the lord , so never did plague rage in the same manner , nor did the destroying angel get a command to put up his sword , till such heaps , were laid upon heaps , and so many thousands upon thousands ; that all who heard thereof , behoved to observe , and say , never was there such a plague in england ; and , if resolved into it's true cause , we must say , righteous art thou o lord god injudging thus , we are worthy , for never was there such a provocation in england . one vvoe is past , and behold another vvoe cometh quickly ? an evil spirit from the lord , entereth into our counsels , & precipitateth us into a vvar vvith the dutch , soliciting a peace vvith us ; ( i forebeare to mention , the unrighteousnesse of it , vvhich vvas a greater plague upon the contrivers and actors , then all that followed upon it , though the shame and losse , will make a great total ) in the beginning of this war , we were plagued with so much successe , as made us encourage our selves in this evil matter , victrix causa diis placuit thought we ; and yet in that little seeming succcesse we had , any discerning person might have observed , how the hand of the lord god of hosts , was gone forth against us ; for , though our enemies did flee , yet as being deprived by the lord , of both counsel and courage , we did not follow , vvhen we had them , even for the taking up ; so that if our effrontry make us boast , of this bout as a victory , we may , with blushing , remember the greater shame , that the lord poured upon us , in depriving us of the spirit of conduct , that we knew not , how to improve the advantage over a beaten enemy ; so that the lord by this successe , did seem onely to lift us up , that he might , with the greater shame , noise and observation , throw us down ; and truely , whoever remembereth that action and day , may confidently affirme , that the lord fought for holland and against england , seing he so observably interposed as a rere-vvard : but before this angel have done his vvork , that vve might have a nevv proof of the displeasure of the almighty , and that he might make the world see , hovv he himself , and not men , did cast us dovvn ; he sendeth a fire into our chiefe city , before this war be ended , vvhere vve had burnt that covenant ; ( i passe all consideration of the immediat instruments ; let us give and graunt , it was done upon designe , even this , maketh the judgement demonstrative , with a witnesse , of his wrath and indignation ) and as this fire , seemed to take wings , or be carried from house to house , and street to street , by a destroying angel ; so those , who were employed to quench it , ( o it 's ill quenching , where he kindleth , except with teares ) were deprived of all wisdome , and discretion ; or rather , as if in the righteous judgement of the lord , they had designedly set themselves to obstruct the quenching of it , and so it burnt till the bulk of the city was turned into ashes ; that as the nations abroad , had heard of our rage in burning that covenant , so they might hear of an act of holy revenge , and be witnesses to the righteousnesse of his judgement , in giving us fire for fire ; and as the like fury , had never been witnessed against the lord before , so he had never kindled the like fire in the nation before ; nay , nor almost the like in the world , since the burning of jerusalem ; and truely the parallel , between the judgements , may put us in minde of a parity , betwixt the provocations ; as the crucifying of the son of god , and putting him to an open shame , burnt the city of that bold abomination ; so the crucifying of him again , in shedding the blood of his servants , and puting him to such a shame , in burning a covenant made with him , ( which is an unheard-of indignity , amongst princes and stats , even when after the violation of leagues , they fall in open hostility ) kindled this fire , consumed the city of our solemnities , and buried it into it's ashes . but for all this , as we do not turn away from the evil of our way ; but in stead of stoping , and taking notice of the hand , that is gone forth against us , we continue in puting forth our hand to iniquity ; we become more insatiable in sinning , rushing foreward in our course , as the horse doth to the battel ; every bit and bridle , that 's put in our mouth , is too weak to hold us ; so his anger is not turned away , but his hand is stretched out still . the angel who had drawn the sword , in stead of puting it up , seemed onely to have been furbishing it , while the flame was consuming our city : as we were become a frovvard generation , childreen in vvhom was no faith ; so he continueth , in his righteousnesse , to heap mischiefs upon us , & to spend his arrowes upon us : we goe on with the war ; now , that god , who deprived us of wisdome hovv to improve our former victory , first , leaveth us in the pride and haughtinesse of our heart , to the folly and infatuation , of dividing our fleet , and then he mustereth the host of the battel that cometh against us ; and so vve are foiled and put to flee , before that enemy , of vvhom vve had said , vve had no other regret , but because engaged against an enemy , unvvorthy of our spirit and courage ; novv are the dutch their prisons filled vvith english prisoners : but vvhy doe i insist ? the close of the vvar , is the confusion of england , and a perfect ecclipse of it's glory , our english vvalls are broken dovvn and burnt , vvherein the hand of him vvho judged us , vvas so visible , that the actors themselves doe not mention it othervvise , then as the doing of the lord , vvhich vvas mervellous in their eyes : novv is our court confounded and distracted , because the lord , against vvhom they had sinned vvith so high a hand , made bare his holy arm , in the sight of the nations , by fighting against them ; novv is the nation , in an universal consternation novv is london seised vvith a panick feare , to that height as it had been easy for the enemy , to have burnt the remainders of our city , that had escaped the former fire : and vvhereas , vve vvould have a vvar , on any terms , vvith our peacable neighbours ; novv vve must post avvay our order , to accept of a peace on any termes , and ( vvhich is remarkable ) be forced to passe from those pretensions , on vvhich vve had founded the equity of our vvar ; thus are vve stript of our glory ; and the crovvn , vvhich vve had vvorn for many yeers , in the sight of the nations , falleth from our head ; ( alas , that vve should have forgotten to have said , woe unto us that we have sinned ) england vvho had upheld these provinces , against the pride of the spanish tyrranny , england vvho had conquered france , and at the same time , vvere victorious over the scotch their confederats , must novv finde the nation perfectly besieged , by them , vvhom , in our pride , vve thought not a people ; our ships burnt , in the most secure harbours of england , and vve necessitat , when under the feet of these whom vve had despised , to accept of a peace ; which they might have made us condescend unto upon lesse honourable termes : which things befell us , that when the present generation shall consider , and the succeeding ages inquire , into the cause of this disaster , and aske the question , how vve vvere so vvonderfully brought down ; it may be answered , because in stead of keeping the covenant with their god , they burnt it , therefore , that they might read their sin and rage in their judgement , ( or , if they would not , others might ) as he had formerly burnt their city , now he burnt their ships , not in the sea , but vvithin their harbours ; and thus he called the nations to be vvitnesses , to the heat of his displeasure , in burying our glory : as their was never such a sin before committed in the land , we were never thus put to shame , and spit upon , in the sight of the nations ; our being made base & contemptible , in the eyes of them , vvho honoured us , and had us in estimation , must be refounded upon our bold sining against the most high god ; and our trampling upon his honour and interest , vvith such evidences of contempt , hath made us be greatly despised amongst the nations , and caused him , against whom we had lifted up our selves , trample us under foot , as the mire of the streets : well , wee must now beare our shame , and finde our selves sunk in the gulfe of ignominy , whereby the lord was in a manner , trying us , if vve would turn from the evil of our way : but , alas , that , which was the observe of the holy ghost upon ahaz , was manifestly verified upon us ; so that it might have been , with the same evidence and certainty , said ; this is that court , this is that kingdome , who being rebuked so remarkably , did , in stead of accepting the punishment of their sin , trespasse yet more and more against the lord. in this interval , wherein we seemed to have tranquillity from enemies without , the plague upon our heart , is more evident , by the evil that was in our hand : vve had some quiet it 's true , ( vvherein he gave us space to repent , and accept of the punishment of our sins ) but it vvas not so much a true peace , as the dravving back of the hand of the great god , that he might fetch the sorer blovv ; for in stead of humbling our selves under the mighty hand of god ; as if vve did meditat revenge against heaven , vve not onely continued in our former unchristian practices ; but , vvhat our imperial crown had lost of it's lustre , vve think to make it up , by appending the mediator's crown to it ; and therefore , though we fall before others , yet we will , as we began , continue to fight against god ; and in this interval of peace from forraigne enemies ; as we had burnt the bond of our subjection to jesus christ , so in prosecution of the same quarrel , we advance our supremacy , to the degrading and exautorating of him , by whom kings reigne ; and carry with that height of insolence , as if we had , not onely resolved , to out-do all , that ever led the way to us , in this opposition to christ as king in zion ; but further , to give the defiance to all , that ever should come after us , to make a law , vvhich being considered in it's most plain and obvious meaning , can , without straining , speak this more explicitly ; that , this man , this one jesus , who calleth himself a king , shall not reigne over us , we have no king but caesar : we stated the question de finibus imperii mediatoris , and decided in our ovvn favour , once for all ; making a decree , to take the house of god in possession to our selves ; yea , and as if , vve intended to eternize our enmity and opposition to the son of god ; vve , together vvith the imperial crovvn of the nation , transmit a legal right to our successors , to the crovvn and scepter of jesus christ ; as if it vvere a satisfaction for us , to lie dovvn in the grave , vvith an assurance , that his crovvn should not floorish upon his ovvn head ; by vvhich one act , all our former insolencies were reacted , vvith this addition ; that , vvhatever vve please to do in the house of the god of heaven hereafter , must be legal : and thus , the church hath got an exotick head , and vve have filled up the measure of our iniquity : o that it might please the father of mercies , to give repentance to his majesty & the nation , and to preserve both from reaping that harvest of grief and desperat sorrow , vvhich such a seed-time presageth : in the mean time , the consumption , of the nation , is visible in it's countenance , it 's soul and substance is consumed ; ( as vvas excellently laid openin that first & second discourse of my lord lucas , before the house of lords , in whom alone the ancient gallant spirit of the english nation did shew it self and shine forth , & who , by that heroick act , hath erected to himself a monument , in the heart of all true english-men , & proposed himself as a worthy paterne of imitation , to all who affect the glory of being true patriots ) yet , while the nation is in this low and languishing condition , vve are ploting and contriving a new war against the dutch , and therefore vve pick quarrels vvith them , to give our own designes some colour of justice , having resolved upon the vvar , let them offer , what rational satisfaction they can ; yet , as if the lord , from heaven would openly rebuke these secret mischievous contriveances and works of darknesse ; he in a manner giveth a commission , to that very element , the stage on which we designe to act this wickednesse , to fall upon us , sink our ships at sea , sweep away a considerable part of our remaining substance , and svvallovv up our land ; and as upon pestilence , fire and svvord , this had been vvritten , by the finger of the righteous judge of all the earth , never the like before seen in england ; so of this tempest , this turnado and inundation ( vvhereby the sea vvas become difficult and dangerous for passage , in reguard of broken ships , filled also vvith the sad spectacle of drovvned men , driving to and fro in it , the land overflovved , houses , beasts and men , having one common burial place ) it was also said , never , did the lord witnesse at once , so much of his displeasure against the nation , by any sea-storme ; hereby particularly pointing at and plaguing the kingdome , both for our breach of covenant vvith the most high , and our former , and again resolved upon breach of covenant vvith our neighbours , as also our foolish pretension , to an absolut dominion of the sea , to vvhich vve could set no bounds ; if that by taking notice of the displeasure of the living god against our iniquous contriveances vve might be stopped in this unhappy carreer ; but all in vain , forevvard we vvill goe . and the thing that maketh the anger of the lord , more manifest against us , and our french confederat's , in this dispensation , was , that remarkable passage of providence ; vvhile much havock vvas at the same time , made upon the french coast , aswel as upon ours , the dutch fleet , against which we were making most fervid preparations , did ride all the time safe at anchor , as it were in the centre betwixt the two , without any lose ; god thereby in a manner manifesting , that he had taken these , whom we , in designe and endeavour , had devouted to destruction , into his own immediat protection ; a happy omen ; and who knoweth , but it is a speaking prognostick , of what he intendeth , further to doe for them and by them , to the frustration , and disappointment of our projects & preparations ; & how , because we would not behold the majesty of the lord , nor see , when his hand was listed up , nor listen to the voice of such a dreadfully menacing disswasive , he mindeth to make us see , and put us to shame , for our envy at his people , and cause the world take notice of it , when he maketh the fire of his enemies to devour us . now , my friends and brethren , my designe in this deduction , and the assignement of it's cause , is not to lodge the provocation alone with the court , and leave it at their door , as if we were innocent , and in case to plead guiltlesse ; no , for besid's that we have made it our ovvn , for not mourning as we ought , for this horrid abomination , our shareing so deeply in the punishment , pointeth at , & proveth us to be , deeply guilty in the provocation : that vve may therefore , by repentence , prevent the vvoeful day , & by remembring vvhence vve have fallen , renew first love , and return to first vvorks , before he remove the candlestick , vvhich is the terrible judgement , vvherevvith vve are this day threatened ; let us consider , hovv justly he may proceed , to the utmost of holy severity , and observe , vvhat of spotlesse equity , hath been manifested , in all the smoakings of his vvrath against us , in all these blovves of his hand , whereby our beauty is consumed ; let us think , hovv guilty vve are , for not having been stedfast in his covenant , and for not performing our vowes to the most high , before he make a full end , and smite us so , that affliction shall not spring up the second time : as it is neither possible for me , to enumerat all those wayes , how we have made our selves guilty , of a contempt and dreadful misreguard of that oath of god , whereby vve were so expressely , so solemnly & indispensibly engaged in our several places and stations , to walk before him to all pleasing , minding and advancing , above all earthly concerns , reformation and religion , witnessing and shewing forth it's power , in our conversation , that , the nation might have been called by that name , jehovah shammah , that so the reproach of egypt ( the untendernesse , i mean , and profanity , which was amongst the multitude , kept under superstitious ignorance for a great part , before our late reformation ) might have been rolled away from us ; nor to accent and sharpen these challenges , with their just aggravations and edge , that they may cut us at the heart , and make us cry out ; men and brethren , what shall we do , to be delivered from the approaching destruction and impendent ruine , whereto , we and our posterity , for the breach of our covenant , and backslidings , are exposed ? so , i do purposely passe and forbeare it ; lest i should seem to exprobrat these to one party as more guiltie , while i passe by another as more innocent ; but i am sure while all are charged with this guilt , every gracious heart will suspect himself , and say , master is it i ? and he is like to be found deepest in the transgression before god , who is most ready to make light of the matter , and with a supine misreguard of his own backslidings and gods anger , dare in stead of puting his mouth in the dust as guilty before him , wipe it , and say , what have i done ? let us not onely witnesse our repentance by a personal reformation ; but by a serious minding in our place and station , the reviving of his work : let us set ourselves to weep over the dust and stones of zion : let us give him no rest , till he return and build his house , and fill it with his own glorious presence , making thereby our gates salvation and our walls praise : god seemeth by all the dispensations of the day , to put us , without more debat or delay , to chuse whether we will bleed or weep ? and if we be sparing of our teares , justice is like to be prodigal of our blood : if our eye do not trickle down without intermission , at the sight of the desolations of the sanctuary , and at the danger and distresse of all the churches of christ , till the lord look down and behold from heaven , he is threatening to bring distresse upon us , that we shall walk like blind-men , both because of our sining against the lord , and our security ; and to pour out our blood as the dust and our flesh as the dung : do we not see the church and nation ready to be devoured , by the fire of his jealousy ? do we not perceive the men with the slaughter weapon in their hand ? why then do we delay to gather our selves together ? why do vve not retire within our selves , that we may return to the most high with rops about our neck , as sentenced persons , upon the sight of the plague of our own heart , & the iniquities that are in our hand , but particularly our woeful departings from , and breaches of covenant with our god , before the decree bring forth , before the day passe as the chaff , before the fierce anger of the lord come upon us ? as a none such hath been written over the head of these judgements , which are already come ; so we may certainly conclude , that a none such , to make the ears of all that heare it tingle , and strike their hearts with amazement and terrour , at the report thereof , shall be written upon the wrath and woes , that he will bring upon us for these breaches if not mourned over : if the lord employ the french , irish and english papists , which stand ready girt with their sword upon their thigh , breathing out cruelty , and thirsting after blood , to be the executioners of his displeasure , for a despised gospel , and to avenge the quarrel of a broken covenant , and punish us , as our congregations have heard , for our impenitencies and unperswadablenesse by all that hath yet come upon us , so to make our prayer before the lord our god , that we might turn from our iniquity and understand his truth ; then may we conclude , that the nation shall be made a golgotha , a place of dead mens skuls , and that not onely the massacre of paris , alva's murther and blood-shed in the low-countreys , the murthers and villanies committed in the valleys of piedmont , with all the marian bloodshed & persecution in our own nation , but even that more bloody and barbarous massacre of ireland , shall either be quit forgotten , or mentioned as light things , vvhen compared with the havocks , bloods , murthers , fire and faggot , whereby to the satiating the malice , fury , and revenge of her that must be drunk with the blood of the saints , and to the blunting of the edge of her instrument's rage , keen to the utmost of cruelty , the land shall be laid wast and made utterly desolat : if we still sleep on , after he hath done so much to awake us , after so many voices of word and rod , after he hath been saying unto us , shall i not visit for these things ? shall not my soul be avenged upon such a generation as this ? then there is no hope but that we shall be made a generation of his wrath ; nor is there another expectation , but that he will accomplish his anger , and cause his fury to rest upon us , and be comforted : o for grace to awake & prevent this woeful day , before he cause darknesse , and before our feet stumble upon the dark mountains ! let us therefore while it is called to day , beware of hardning our hearts ; let us consider one another , and every man himself , to provok unto the excercise of repentance , let us think on our backslidings , and breaches of covenant , that we may return unto the lord our god , before he cause his anger to fall upon us : let us hast while there is a may be of hope , while there is yet a , who knoweth , if the lord will return , and repent , and turn away from his fierce anger , and think upon the church , the nation , our selves and posterity , that we perish not . the last thing wherewith i shall shut up this discourse , is , to remind you my brethren , of what i formerly hinted , viz : that from the consideration of the manifest unrighteousnesse of this war , not so much against the dutch , as against the lord god , in concurring with , and assisting the sworn enemies of the reformed religion ; yea and against our selves , our liberties , and our posterity , by strengthening the hands of the most stated adversary in the world to the prosperity of the english nation , we may not onely be humbled , that our court should be left of the lord to these wicked contrivances , religion and libertydestroying courses , and that so many of our brethren , should be dragged as slaves , to assist in this religion-overturning covenant-breaking war ; but , that as we would not by an association with the workers of these iniquities , and a participation in their sin , share in the remarkable punishments , and terrible plagues , whereby the righteous lord will certainly be avenged , for this breach of faith and alliance , for this conspiracy against the reformed religion ; so , we would withdraw and flee from , if we would not fall into the hands of a provoked god , all concurrence in carrying on this war , directly or indirectly : neither let us think to please god , or be approved of him , if we acquiesce in a simple forbearance , to contribut our assistance thereto ; nay somewhat else then such a neutrality is called for , in a day , when , all things being considered , there seemeth to be the most formally pitched battel , between hrist and anti-christ , that hath been in many generations : we are called under the hafard of being reput and reckoned enemies to christ and his cause ( for when he is crying so formally at this time , who is on my side who ? all that are not with him shall be esteemed enemies unto him ) while some of our brethren in the simplicity of their heart , not knowing any thing , are insnared and seduced into this quarrel , and moe are deprived of their liberty , dragged as slaves , and pressed to go fight , and sacrifice their lives to the court , and french interest , in prejudice of all these precious things and interests , which make life desirable , and in the preservation whereof , it is glory to die : i say while it is thus , we are called to pour out our hearts together and apart on the behalfe of our distressed , shamefully by us deserted , yea betrayed protestant brethren , that the lord god of hosts , would make bare his strong arm and stand up for their help : we are not onely debtors to them , when we can contribut nothing else to their assistance , while they must jeopard their lives , in contending against the mighty enemies of the lord and his people , for all the supply and help we can make them , by our assiduous and most importune beggings and beseechings of god , for their safety and preservation , upon the account of the reformed religion , vvhich , if they be foiled and put to the worse , must also fall with them , as to it 's visible profession ; but also upon the account of the true liberty and reall interest of england ; let the things already mentioned , to demonstrat this , upon our supposed successe against them , be considered , and it will make the matter so evident , that i am sure , as he cannot be a christian or one who wisheth the preservation of the church , and coming of the kingdome of the son of god in the world , since there hath not been for many ages , a people , whose civil interest was so twisted and enterwoven , with the great interest of christ through the earth , in opposition to antichrist ; so i am upon rational grounds perswaded , that he cannnot have the heart of a true english-man , he cannot be a true lover of the real good , liberty and honour of our nation , who doth not wish well unto , and is not earnestly solicitous for the safety of the united provinces in this juncture : alas ! shall our brethren the dutch , goe down into the valley to fight with the enemy , and be engaged , not onely upon the account of their own liberty , their civil interests , and the reformed religion ; but also most evidently by an undenyable consequence , for the liberty of england , and the preservation of the same things amongst us ? and will not we goe up to the mount , & weep upon god to stand by them ? shall they shed their blood by sea and land , for that truth and doctrine , which is according to godlinesse , that should be deare to us beyond and above our lives ? and shall not we offer them the assistance , of our utmost intercessions ? what could we say to god ? or how could we satisfy our own conscience , in so cleare and crying an exigent , if we should , as nothing concerned in the quarrel , or it's consequences , forbeare to do this ? how will we make it appeare , that we prefer jerusalem to our chief joy , and are lovers of righteousnesse , on whose side soever it is found , or are really desirous to do all that is in our power , to prevent the bondage of the nation , and preserve our selves and our posterity , from being sold slaves to forraigne enemies and the exorbitant lust of our own court , if now , when there is no other work for us to do , we make it not our work , to lift up our heart with our hands unto god in the heavens , praying and pleading by all manner of prayer and supplication , either to reclaime our rulers , from these unrighteous and violent courses ; or to preserve our oppressed brethren , and appeare their protector , when deserted of all humane help ? we would take heed how we lay our selves aside from this innocent and christian concurrence . i doubt nothing but as the lord will write in most legible characters , and witnesse either sooner or later , high and hore displeasure , against all the contrivers of this war , and willing contributers of their assistance to it , and reckon them , vvho , if it vvere but by their vvords and vvishes , vvitnesse their concurrence , and shevv themselves enemies to our oppressed protestant friends , though they neither be guilty of that theiving basensse of caping , or a more formal conjunction this abominable war , adversaries to the reformed religion , through the world , and enemies to all righteousnesse amongst men , so , i am equally perswaded , they shall make themselves guilty of a detestable neutrality , and incurre the curse of not helping the lord against the mighty , vvho do not implore his aid for our oppressed brethren , and stirre not up themselves to pray , that he would appeare to plead a cause that is so much his own : let not the vain fancy of affection to the honour of the nation , when to the height of basenesse engaged in a vvar , or lothnesse to see our countrey-men put to shame , even vvhen it is impossible to appeare in this engagement and cover our shame , de murre or foreslovv us in this duety : it 's true , our nation ought to be deare unto us , the lives and honour of our countrey-men precious in our sight ; but we should be so much protestants , so much christians , as to acquiesce rather , that vve , our posterity , our name , and nation should be delete & perish from under the heavens of the lord , before the reformed religion , that great interest of christ in the world , by our successe be destroyed , or his declarative glory suffer an ecclipse . nay let us consult either reason or religion , and then , the thing which seemeth to demurre or dissvvade , will certainly drive us to the duety that is pressed : let us love our lord jesus christ so well , let us love the honour , prosperity and welfare of our nation so well , let us love the reput and renown of our countrey-men so well , as to pray , that his kingdome may come , and that the designes of these who in this engagement , are engaged against us , and our precious interests , may be defeat , and that their hands may not be able to performe their enterprise , and there is no more driven at or desired ; for , if the sword that is now drawn against the dutch , return victorious and drunk with their blood , it will not be put up , till the yoke be wreathed about our neck , and it have shed the blood of such , who are not so much beasts , as with a tamenesse to take it on ; and if we be deprived of , and out-live the lose of our onely treasure , religion and liberty , where then is the blessednesse we spoke of ? where then is the glory of our nation whereof we boasted ? happy is the man , who knoweth the times , and what israel hath to do , while it is the plague of many , that they are as asses couching under the burden : once for all , let us feare , and stand aloof from , yea in our place and station withstand , all these sinful combinations with such , as have turned aside unto their crooked vvayes , and designe and endeavour vvith so much vigour , the overturning of his vvork , lest god lead us forth vvith the vvorkers of iniquity : it 's true , he must have a church , and his interest must be preserved ; for the gates of hell cannot prevail against it ; yet if vve either join vvith these consederats against him , or forbeare to witnesse our desire of his abiding with us , by pleading with him , for the preservation of his low , his abandoned , born down , yea and betrayed interests ; deliverance shall come another way , for he is the god of salvations , against whom in this conjunction , we have lifted up the head and stretched out the hand ; but we , our interest , and whatsoever is deare and desirable to men , shall be destroyed and perish : but my brethren , as i hope for better things of you , yea for all things , vvhich may prove you to be lovers of our lord jesus christ in sincerity , of the churches abroad and of our nation 's interest , honour and liberty , though i thus speak ; so , i desire to beleeve , that not onely that poor people against whom our court , with the french are engaged ( the second part of herod and pilat's history ) shall be preserved , though they may be brought lovv ; but that the destruction of the poor remnant amongst our selves , vvhich ( that the actors may at once take away religion and liberty together with our lives ) is intended , shall be prevented ; for strong is the lord god who judgeth the enemies of his people and pleadeth the causes of their soul : let us therefore wait on him , and continue with him in these tentations , carrying in the duties of the present day , and amidst all the dangers which accompany , a faithful acquiting of our selves in our masters service , as knowing , that the adversaries of the lord shall be broken in pieces , out of heaven shall he thunder upon them : the lord shall judge the ends of the earth , he shall give strength unto his king ( the coming of whose kingdome , is now so much opposed by these kings , and destruction of whose subjects and people , is so manifestly designed and furiously driven by them ) and exalt the horne of his anointed , when he hath provided carpenters , to fray the horns of these , who rejoyce in a thing of nought , and have taken unto them horns , by their own strength , to push the inheritance of the lord : faxit deus et festinet , and then we have the desire of our hearts . finis . reader , though thou mayest sometime finde in perusing this paper , a letter redundant , as ane for an , or it may be the same letter twice , or a letter wanting , as of for off , lest , for least , or one letter sometime for another , as these for those , which will not make thee misse the sense , yet these few small following lapses thou mayest thus correct . p. . l. . ingenuousnesse . r. ingeniousnesse . p. . l. . sea . r. see p. . l. . do insist . r. do i insist . p. . l. . sujects . r. subjects . p. . l. . phohibit . r. prohibit . p. . l. ult . bebate . r. debate . p. . l. . del . of . ibid. l : . alter . r. altar . p. . l. . priciples . r. principles . p. . l. ult . furbishing . r. fourbishing . p. . l. . remembring . r. remembering . p. . l. . conjunction this . r. conjunction in this the declaration of lieutenant-generall cromwell concerning his present design and engagement against col. poyer and his adherents in south wales, and his resolution and protestation thereupon. delivered at the head of each regiment upon munday last, being the . of this instant may, at a randezvouz neer the city of gloucester. and the souldiers resolution touching the lieutenant generall, and collonel poyer.. [sic] also, very sad newes from the isle of vvight, concerning the kings majesty. may . . imprimatur gilb. mabbott. hancock, john, of gloucester. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the declaration of lieutenant-generall cromwell concerning his present design and engagement against col. poyer and his adherents in south wales, and his resolution and protestation thereupon. delivered at the head of each regiment upon munday last, being the . of this instant may, at a randezvouz neer the city of gloucester. and the souldiers resolution touching the lieutenant generall, and collonel poyer.. [sic] also, very sad newes from the isle of vvight, concerning the kings majesty. may . . imprimatur gilb. mabbott. hancock, john, of gloucester. s. j. f. w. [ ], , [ ] p. printed for g. wharton, london : . consists not of cromwell's speech, but of four letters describing the movements of cromwell's and royalist forces. the first is dated and signed: gloucester may . john hancock. the second ends vale, vale. the third is signed: s.j. the fourth dated and signed: newport . may . f.w. imperfect: staining. reproduction of the original in the british library. eng cromwell, thomas, - -- early works to . poyer, john, d. -- early works to . england and wales. -- army -- early works to . great britain -- history -- civil war, - -- campaigns -- early works to . a r (thomason e _ ). civilwar no the declaration of lieutenant-generall cromwell: concerning his present design and engagement against col. poyer and his adherents in south hancock, john, of gloucester. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of lieutenant-generall cromwell concerning his present design and engagement against col. poyer and his adherents in south wales , and his resolution and protestation thereupon . delivered at the head of each regiment upon munday last ▪ being the . of this instant may , at a randezvouz neer the city of glouce●●er . and the souldiers resolution touching the lieutenant generall , and collonel poyer . also , very sad newes from the isle of vvight , concerning the kings majesty . may . . imprimatur gilb. mabbott . london , printed for g. wharton , . a declaration of lieutenant-generall cromwell delivered at the head of each regiment upon munday last being the . of this instant may , at a randezvouz neere the city of gloucester . honoured sir , your last , dated the . of may i received ; for which i return you thanks , and according to my former obligements , to your vouchsafed clemency and goodness i can do no lesse , then to impart my self at this present , and present to your view these ensuing lines , viz. sir , upon satterday last we received intelligence , that lieut. gen. cromwel was vpon his march with a considerable party of horse and foot , and that he intended to have a generall randezvouz neer this city vpon munday and so to advance with all expedition toward south-wales , against poyer and his confederates , which report was soon made apparent ; for vpon munday morning about . of the clock in the fore noon , we discovered the horse , and immediatly the foot marched after them , who had a randezvouz within . miles of this city , and continued in the field till about two of the clock in the afternoon ; but in the intrim , severall passages worthy your observation , passed amongst them ; for as each regiment marched vp to the place appointed , they demean'd themselvs so civilly & cam vp in such an excellent posture of discipline , that it was admired ; for as each regiment came into the field they drew up into severall distinct bodies , and so soon as the rear was come up , and each regiment placed in order , lieut. gen. cromwel rode to the head of each , making a short speech touching their present design and engagement , which done , he further declared , that he had often times ventured his life with them , & they with him , against the common enemy of this kingdome , and a farre more potent power and strength then now they are to ingage withall ; and therefore desired them to arm themselves with the same resolution as formerly , and to go on with the same courage , faithfulnesse , & fidelity , as sundry times they had done , and vpon severall desperate attempts and engagements & that for his part , he protested to live and dy with them : the lieut. gen had no sooner declared himselfe , but they all threw up their caps , giving a great shout and hallow , crying out with one unanimous consent , that they would ventrr their lives and fortunes under his conduct and command , against any enemy either domestique or forraign . after the lieut. gen. had taken a view of each regiment , hee gave orders to march and accordingly about of the clock they advanced : their number doth consist of about . horse and foot , exceeding well armed , and brave resolute men . we doubt not but to hear of their happy successe very suddenly , for it is very probable , there will be speedy action . divers of our glosterians listed themselves at the randezvouz , under the command of the lieu. generall , and there marched about . voluntiers with him from this city , with blew ribbands in their hats , which is all for the present ; from your oblieged friend and servant , john hancock . gloucester the . of may , . sir , upon the close of this letter , here arrived a messenger from swansey , who certified , that col powel is retreated from thence with all his forces , but upon what grounds we cannot learn , unlesse it be occasioned by the advance of l. gen. cromwell that way , who now is upon his march . col. horton is said to be about . and hath had severall skirmishes with the enemy , but will not engage ▪ till the additional forces come up . vale , vale . letters from the north . sir , sir arthur haslerig is very diligent in fortifying of newcastle . some gentlemen of these parts are gone up to london , to acquaint the parliament with the affairs and conduction of these northern counties , and we hear the parl. are about to associate these counties again , and to put . men more into a posture of defence against the cavaleer party , which are entred berwicke , and begin to overspread the country . by the next , i pray , let us hear what news at london , for which you shall command your affectionate friend , s. j. some english are already come to barwick , their leader is sir marmaduke langdale , a great malignant ; but formerly a justice of peace in this county ; they intend to fortifie the town , that if they are put to the way , they may with the more conveniency run into scotland : the coming of these forces to barwicke , is almost like to overjoy the malignants in these parts ; so that they begin to s●andalize the parliament , and use their endeavours to insence the country both against the parliament and army ; but the forces appointed to secure the north may do much good , then the malignants wil be glad to pull in their hornes again , and may be made to repeat their monstrous slanders . a committee hath already met to consider of the affairs of this and the northern counties , they have likewise appointed a day and place of meeting ; upon which time they will consult about the condition of the north , and of putting those parts into a posture of defence : this is all for the present i can acquaint you with , only one thing i shal further make mention of , that the northerne counties ingeneral have joyntly declared , that they will rise as one man against the scottish army , and that they wil use their utmost endeavours for the preservation and defence of those partes , against all opposition whatsoever . sir marmaduke langdale , sir charles lucas , and sir tho. tilsley , with divers other royalists do increase , their number is said to be about . horse , they have lately possessed themselves of the town and castle of carlisle , and are now very active in fortifying and strengthning of the said place . divers of the gentry in these parts resort vnto them , especially those who have formerly engaged for the king , and sir marmaduke langdale erects new officers , and gives them commissions in prince charles his name . we heare that sir philip musgrave is with a party of . horse between carlisle and appleby , and that he hath a design for surprizing of the said castle . richmond . of may , . the copy of a letter from the isle of wight , touching the state and condition of the kings majesty . sir , since my last , bearing date the . of may , here hath beene a great alteration in these parts , and the inhabitants are much perplexed , occasioned by the great distractions both in the west and north of england ; but that which doth the most trouble us , is , the great melancholiness which hath now posses'd his majesty ; for indeed , he is not half so merry as formerly , and takes little delight in walking abroad , but gives his mind to much study and reading . he discourses very little , unlesse it be now and than with sir oliver cromwell , which is all for the present , from your assured friend to serve you , f. w. newport . of may . imprimatur g. m. finis . die martis, . maii. . it is this day ordered by the lords and commons in parliament assembled, that the magazines of the severall counties in england and wales, shall be forthwith put in the power of the lord lieutenants of the said counties, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, . maii. . it is this day ordered by the lords and commons in parliament assembled, that the magazines of the severall counties in england and wales, shall be forthwith put in the power of the lord lieutenants of the said counties, ... england and wales. parliament. sheet ([ ] p.) printed for joseph hunscott, london : . title from caption and first lines of text. reproduction of the original in the british library. with engraved border. order for printing signed: joh. brown, cler. parl. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, . maii. . it is this day ordered by the lords and commons in parliament assembled, that the magazines of the severall coun england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , . maii. . it is this day ordered by the lords and commons in parliament assembled , that the magazines of the severall counties in england and wales , shall be forthwith put into the power of the lord lievtenants of the said counties , respectively , ( being such as the parliament doth confide in ) for the service , and safety of his majesty and the kingdom . ordered by the lords in parliament , that this order shall be printed and published . joh. brown , cler. parl. london , printed for joseph hunscott . . a discovrse concerning the svccesse of former parliaments may, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a discovrse concerning the svccesse of former parliaments may, thomas, - . [ ], p. [s.n.] imprinted at london : . author's name appears in the nd ( ) ed. cf. dnb. reproduction of original in thomason collection, british library. eng england and wales. -- parliament. a r (wing m ). civilwar no a discourse concerning the successe of former parliaments. may, thomas c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - simon charles sampled and proofread - simon charles text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discovrse concerning the svccesse of former parliaments . imprinted at london : mdcxlii . a discovrse concerning former parliaments . sir : i have , according to my small abilitie , and the shortnesse of time , fulfilled your command , in sending to you this briefe and plaine discourse concerning the ancient opinions and esteeme of english parliaments ( for that was all which you desired ) without any reflection upon the proceedings of this present parliament : accept it only as a plaine peece of common talk , which i would have delivered , had i beene present with you : such discourses need no dresse of rhetorique . the constitution of our english monarchy is by wise men esteemed one of the best in europe , as well for the strength and honour of the prince , as the securitie and freedome of the people ; and the basis , on which both are founded , is the conveniencie of that great councell , the high court of parliament . without which neither can the prince enjoy that honour and felicitie , which philip de commines , a forrainer , so much admires , where he delivers what advantages the kings of england have by that representative body of their people , by whose assistance in any action they can neither want meanes , or lose reputation . nor on the other side , can the people have any possibilitie of pleading their owne rights and liberties . for in the interim betweene parliaments , the people are too scattered and confused a body , to appeare in vindication of their proper interests ; and by too long absence of such assemblies they would lose all . for ( as iunius observes ) populus 〈◊〉 heritatem sua●… tac●tè non ut endo amitti● ; sic plerumque accidit ut quod omnes curare tenentur curet nemo , quodomnibus commissum est , nemo sibi commendatum putet : the people insensibly lose their power for want of using it : for so it happens , that what all should look after , no man does ; what is committed to all , no man thinks his owne charge . and in that interim it happens , that those optimates regni ( as he speaks ) who under the prince are entrusted with government , meaning councellours , judges , and other great magistrates , either through feare , flatterie , or private corruption , doe often betray the peoples rights to the prince . the state of government standing thus ; if distempered times happen to be ( as our chronicles have shewed some ) where by dissention betweene prince and people , the kingdomes ruine hath beene endangered , it doth not so much prove that the english government is not the best , as that the best government may be abused . for in everie monarchy , how limited soever , the prince his person is invested with so much majestie , that it would seeme a mockerie in state , if there were no considerable power entrusted into his hands ; yea , so much as that , if he be bad or weak , he may endanger the ruine of the kingdome ; so necessary is it for all humane ordinances , how wise so ever , to leave somewhat to chance , and to have alwayes need of recourse to god , for his assisting or curing providence . and though the kingdome of england , by vertue of the government thereof , will be as hardly brought into a confusion , as any in europe ; yet there is no warrant against the possibilitie of it . for it was ever heretofore seene , that our parliaments were rather a strength and advantage to an honourable wise prince , than a remedy against a bad or weak one ; or , if wee change the expression , they were rather an excellent diet to preserve a good raigne in strength , than physick to cure a bad one ; and therefore have been as much loved by sound and healthy princes , as loathed by them that were out of temper ; the later having thought them a depression of their dignitie : as the former have esteemed them an advantage to their strength . so that in such times only the true convenience of that great councell hath been perceived by england , and admired by forreine authors : in the other times it was , that those wittie complaints have been in fashion ( as sir robert cotton speaks of a bad time ) that princes in parliaments are lesse than they should be , and subjects greater . but on the contrarie , that they have been an advantage to kings , the constant series of our historie will shew . . by those great atchievements which they have enabled our wise kings to make , who were most constant in calling them , and consenting to them . . that no one prince was ever yet happie without the use of them . it may therefore seeme a paradox , that any prince should disaffect that which is so high an advantage to him , and a great wonder , that some kings of england , not vicious in their dispositions , nor verie shallow in their understandings , have so much kicked against parliaments . and that such have been ( before we shew what reasons may be of it ) see the characters of some princes , whose successe and fortunes are knowne to all that read the histories , as they are delivered by polydore virgil , who in his sixteenth book speaks thus of henry the third : fuit ingenio miti , animo magis nobili quàm magno , cultor religionis , adversus inopes liberalis . hee was of a gentle nature , a mind rather noble than great , a lover of religion , and liberall to the poore . in his eighteenth book thus of edward the second ; fuit illi natura bona , ingenium mite , quem primò juvenili errore actum in leviora vitia incidentem , tandem in graviora malorum consuetudines & consilia traxerunt . non deerant illi animi vires , si repudiatis malis suasoribus illas justè exercuisset . he was of a good nature and mild disposition , who first by the errours and rashnesse of youth falling into small faults , was afterwards drawne into greater , by the societie and counsels of wicked men . there was not wanting in him a strength of mind , if avoyding evill counsell , hee could have made a just use of it . and in his twentieth book , thus of richard the second ; fuit in illo spiritus non vilis , quem consociorum improbitas , & insulsitas extinxit . he was of a spirit not low or base , but such as was quite destroyed by the wickednesse and folly of unhappy consociates . a reason of this accident may be , that their soules , though not vicious , have not been so large ▪ nor their affections so publike , as their great calling hath required ; but being too much mancipat d to private fancies and unhappie favourites , and long flattered in those affections under the specious name of firmnesse in friendship , ( not being told that the adaequate object of a prince his love should be the whole people , and that they who receive publike honour , should returne a generall love and care ) they have too much neglected the kingdome , and grow at last afraid to look their faces in so true a glasse as a patliament , and flying the remedy , encrease the disease , till it come to that unhappie height , that rather than acknowledge any unjust action , they strive for an unjust power to give it countenance , and so by a long consequence become hardly reconcilable to a parliamentarie way . such princes ( though it may seeme strange ) have been a greater affliction to this kingdome , than those who have been most wicked , and more incurable for these reasons . . they have not been so conscious to themselves of great crimes ; and therefore not so apt to be sensible of what they have beene accidentally made to doe against their people by evill counsell , whose poyson themselves did not perfectly understand . and therefore they are more prone to suspect the people , as unkind to them , than themselves as faultie , and so the more hardly drawne to repent their actions , or meet heartily with a parliament . . the second reason is from the people , who naturally looke with honour upon the prince , and when they find none , or few personall vices in him ( not considering that the true vertues of princes have a larger extent than those of private men ) will more hardly be brought to think , though themselves feele , and suffer for it , that he is faultie ; and therfore sometimes ( which would hardly be beleeved , if experience had not shewed it ) the people have been so rash as that to maintaine for the king an unjust prerogative , which themselves understand not , they have to their owne ruine , and the kings too ( as it hath after proved ) deserted that great councell whom themselves have chosen , and by whom only they could be preserved in their just rights ; untill too late , for the kings happinesse and their owne , they have seene and repented their great folly . such a desertion was too sadly feene at the end of that parliament of edward the second , where the two spencers were banished , and the tragicall effects that followed , when the king found so great a partie both of clergie and laitie , as enabled him to call home againe his banished favourites , and proved fatall to so many parliamentarie lords , as the like execution of nobilitie had never before beene seene in england : over whose graves the people afterwards wept when it was too late , and proceeded further in their revenge , than became the dutie and allegeance of subjects . it is therefore a great mis-fortune to england , and almost a certaine calamitie , when the distempers of government have been let grow so long , as that for their cure they must need a long parliament . for there are no wayes , how just , how moderate soever they be , which that great councell can take ( if they go far enough to make the cure ) but will provoke , either by the meanes , or the length of them , the prince his impatience , or the peoples inconstancie . for the first ; the delinquents must needs be many and great ▪ and those employed , and perchance highly favoured by him , besides the reflexion which is made upon his judgement by their sufferings , and that will be one reason of his impatience . another is , that many prerogatives which were not indeed inherent in the crowne , but so thought by the prince , and by him and his bad councell long abused , to the prejudice of the people , with some seeming advantage to him ▪ ( though well weighed they brought none ) are then after a long sufferance called in question . for the people are used to entrust kind princes with many of their owne rights and priviledges , and never call for them againe till they have beene extremely abused . but at such a time to make all cleare after so long a reckoning ( and those long reckonings in state being commonly fatall ; for parliaments have seldome beene discontinued , but by such princes whose governments in the interim have been verie illegall ) they usually question so much , as that the prince thinks himselfe hardly dealt withall , such a prince as we spoke of , who not bad in himselfe , but long misled by wicked counsell , was not enough sensible of the injuries he had done . the second obstacle that such parliaments may find is the peoples inconstancie ; and what age is not full of such examples which before we name , let us consider whether there be any reason for it ? this perchance may be one , that the people naturally are lovers of noveltie , affecting with greedinesse everie change , and againe loathing it when it ceases to be a noveltie . long-discontinued and reforming parliaments seemes to carrie the face of a change of government , and those things may then happen which doe in the shift of princes , that some people may for a while flatter themselves with new and strange hopes , that prove frustrate ; or else with quicker redresses of inconvenience , than the great concurrence of so many weightie businesses can possibly admit , how industrious soever that great councell be , distracted with so great a varietie ; and the people after some time spent , grow wearie againe of what before they so long had wished to see . besides , the people are more and more poysoned daily by the discourses of the friends , kindred , and retainers to so many great delinquents , as must needs be at such a parliament : who , though they be no considerable partie in respect of the whole common-wealth , yet ply their particular interests with more eagernesse than most doe the publike . they subtilly perswade the people , that whatsoever the parliament does against those great delinquents is aimed against the kings honour , and that he is wounded thorow their sides . and this opinion is somewhat furthered , when the people fee how many prerogatives of the prince ( as wee said before ) are after long enjoying called in question . so that by this meanes their inconstancie seemes to be grounded upon loyaltie to the king , and they ( perchance with honest , but deceived hearts ) grow wearie of the great councell of the land . another reason may be , that the prince himselfe averse from such a parliament , for the reasons aforesaid , can find power enough to retard their proceedings , and keep off the cure of state so long , till the people tired with expectation of it , have by degrees forgot the sharpnesse of those diseases , which before required it . by this meanes at last , accidentally a miracle hath been wrought after a long parliament , which is , that the people have taken part with the great delinquents against the parliament , for no other reason , than because those delinquents had done them more wrong than the parliament could suddenly redresse . and so the multitude of those great delinquents crimes hath turned to their owne advantage . but in such reforming parliaments , upon whom so much businesse lyes , not only the inconstancie of the people hath been seene in historie , but the unstedfastnesse of the representative body it selfe : and the distractions of that assembly , whilst they forsake each other under so great a burden , have let that burden fall dishonourably to the ground . the most unhappie instance in this case , was that parliament of richard the second begun at westminster , and adjourned to shrewsbury in the nineteenth yeare of his reigne ; a parliament that discharged their trust the worst of any that i read of ; where there was as much need of constancie and magnanimitie as ever was , to redresse those great distempers which were then growne upon the state ; and as much mischiefe ensued by their default , both upon prince and people , which might have beene well prevented , and his happinesse wrought together with their owne ( in the judgement of best wtiters ) if they had timely and constantly joyned together in maintaining the true rights of parliament , and resisting the illegall desires of their seduced king . but being fatally distracted , the major part of lords and bishops wrought upon by the king , and the house of commons too far prevailed with by bushy the speaker , and his instruments , they utterly deserted the common-wealth , and looking only upon the kings present desire , assented to such things as made the prerogative a thing boundlesse ; that he himselfe ( as the storie reports ) was heard glorying to say , that there was no free and absolute monarch in europe but himselfe . upon which , the same bad counsell which had before brought him out of love with parliaments , brought him to as great an abuse of that power which hee had now gotten over a parliament . and then followed the blank charters , and other horrid extortions , besides the suffering of some lords , whom the people most loved ; and shortly after , by a sad consequence , his owne ruine . nor doe wee read that any of those lords , who under colour of loyaltie and love ( as they called it ) to his person , had trodden downe the power and priviledge of a parliament under his feet , had afterwards so much loyaltie to him , as to defend his crowne and person against the force of an usurper , who without any resistance or contradiction unjustly ascended the royall throne : the sad occasion of that miserable and cruell civill war , which in the following ages so long afflicted the kingdome of england . this was the worst example of any parliament ; but in other times , though bad too , they have proved better physick than any other earthly wayes or meanes could be ; yet their greatest vertue and excellencie is seene , when they have been used as a diet by honourable and just princes , such as this nation hath been often blest with ; and such who have thought it no disparagement or depression of their dignitie , to be ruled by the sway of that great councell , than a wise guider of a ship would think it to follow his compasse , or any mathematician to be directed by his necessarie rules and instruments . finis . an answer to old doctor wild's new poem to his old friend upon the new parliament by grand-syre gray-beard, the younger. grand-syre gray-beard, the younger. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an answer to old doctor wild's new poem to his old friend upon the new parliament by grand-syre gray-beard, the younger. grand-syre gray-beard, the younger. p. s.n., [london : ca. ] in verse. caption title. place and date of publication from wing. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng wild, robert, - . england and wales. -- parliament -- poetry. political poetry, english. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an answer to old doctor wild's new poem , to his old friend , upon the new parliament . by grand-syre gray-beard , the younger . thus 't is to stand condemn'd by rigorous fate to the vile plague of a poetick pate : the itch of rhyming where it once does seize , becomes a more incurable disease than pox or scurvey : harder 't is to rout wild 's scribling humour , than to charm his gout . an old man's twice a child , i heard folks say , but never more , than when he would seem gay , and does with jingling hobby-horses play : when sprightly fancy's gone , the doting bungler mounts the brisk muse , but proves an errant fumbler ; gets only puling verse , languid and thin , not to be call'd a birth , but souterkin . sorry dull puns , and nauseating quibbles , worse than old crab-i'th-wood , or belman scribbles . just so sir limber-ham that scarce can crawl , will on his venus , and his cupids call ; and drains five hundred pieces from his purse to keep a miss , when more he wants a nurse . but tell me reverend songster ! was it fit thy doctorship should thus the pulpit quit , to revel in such babylonish wit ? thy very friends when they thy poem scan , say only — he 's a towardly old man. though thou forgot'st thy calling , age , degree , this subject sure should curb thy levity to treat of parliaments at such a rate , in fulsom metaphors of billings-gate , before th' august illustrious senate come , and straight turn up , ( sans shame , ) thy aged bum deserves a lash from the black rod at least to make th' old baby smart for the lewd jest , amongst so many olds as thou dost trace , 't is strange the good old cause obtain'd no place . then poor dissenter bravely might ascend into a pulpit from the tables end , and hold forth godly sonnets to his friend . we all are joy'd at present face of things , and thank both heav'ns kind influence , and the kings ; romes vultures , nor the gallick cocks we fear , safe in our watchful eagles royal care : yet love not to run mad , and dance the hay , as stung ( like thee ) with a tarantula : vvho e're thy greazie tale of pork does view , suspects thee for the by-blow of a jew . thy grandam when she burnt th' old stock , was cruel , not bees but wasps deserve to be made fewel : good housewives do not think her method safe , to drive is better than to burn by half ; but these wild sallies do too plainly show , thou dost but cackle when thou thoughtst to crow . treating of richest robes of state , and ermin , thou just like some pot-poets cozen german bethinks thee of th' own thred-bare cloaths & vermin . then cry'st to longlane with them new put on ; sweet sir ! 't is timely thought of , may 't be done . but best make haste e're ketches wardrobe 's gone . thinkst thou ( wild as thou art : ) such language meet t' approach the soveraign legislative seat ? pardon great senate ! that his phrensy drew me to the rudeness here of naming you. the haughtiest subjects tremble when they come to your just barr , and dread th' impartial doom . fair copy of heavens policy ! the same idaea that rules the vniversal frame , vvhere nobles , as the fixed stars do shine in honours firmament ; and rays divine from reverend fathers of the church are spread , to strike both schism and superstition dead . next , sages of the law , as planets trace their circuits , to enliven in each place those needful acts which here are fram'd , and deal distributive justice for the publick weal. then commons as full constellations , joyn , and their wise councels solemnly combine , vvhilst sacred majesty incircled round vvith native glory , as the sun , is found beaming his acts of grace so free and bright , that all from him borrow both heat and light. healing assembly ! whensoe're you meet , the peoples choice , and the kings wishes greet : their liberties , his honour , you mantain , o let them ne'r be differenc'd again ! in his own proper orb let each star move , not jostling those below , nor them above . let no false fires their dazling beams display , nor upstart meteors interrupt your way : all your debates let moderation calm , and your results become the nations balm . those little foxes that the land defile , and seek our vine and tender grapes to spoil , unkennel them ; and let romes conclave see , in vain they plot , whilst you our guardians be . may heaven all your consultations bless , and all good men pray for your wisht success . but our old buisie rhymer we shall lose , who hawks and kites , and blind buzzards pursues , until at last like a bewildred jolt-head , his muse has all her borrowed feathers moulted . age makes all stoop — how fast the man descends ? commences doctor , and poor robin , ends. finis . the english-french-mans address, upon his majesties late gracious declaration miller, robert, m.d. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing m interim tract supplement guide c. .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]) the english-french-mans address, upon his majesties late gracious declaration miller, robert, m.d. sheet ([ ] p.). [s.n.], london, : printed in the year, . signed: robert miller, m.d. verse: "t-hat your dread majestie,"; preceded by "humbly sheweth ..." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : charles ii) -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the english-french-mans address , upon his majesties late gracious declaration : humbly sheweth , — t — hat your dread majestie , by ye 'r gracious declaration , hath set's free of our late terrours ; whereas before we thought , all our brave all 's would come at length to nought ; but now 't is o're : had we gone home againe , we could not tell , which way for to maintaine our families : in england we can take e'ne what degrees we please ; and make the gentry believe , that 't is our nation , sutes all their greatnesse in a fur bonne fashion . me that came lately into english ground with raggs on back , where vermin did abound ; yet had a sword , though scarce a shooe to foot , aye , and a shert too , though 't was black as foot : have found the english constitution so , that i 'le be hang'd , e're i to france will go againe in haste ; there i wanted bread , here , of a family , i 'me become the head : my master loves me , and doth still , protest of his servants , the mounsieur is the best ; for when with our kick-shaws about they prance , we swear begar , 't is ala mode de france . thus we get into favour , and then we are parra-mount , of all the familie : we tell his lordship , that 't is nothing sitting , de english cook , should rule his lordships kitching ; swearing , de english cook he cannot tell , which way to make de bonne potazie well : he burns the meat begar , and i do think his sauce is musty ; and his beef do's stink ; you no smell my lord : your cold do's spoyle your scent , and your cook , do's beguile your honour , and me cann't indure de english cook ; de bonne french serveture : he is de best begar , me dare to swear , he 'd fit your lordship , to a very hair : de english man , begar me know is stout , but in de carriage , he is but a lout , compar'd with de french : he cannot dance , nor cheat's lord , with a bonne sir-reverence . now wide de ladies , de women are as good to curle de hair , and for to set de hood , as any in de warld , der's none does know how to do it like de french , 't is we dat show de english woman : me will tell you what , de english woman , nothing but talk and prate . me tutor de infant , nay , what is more , teach men to play de rogue , and wench de vvhore : vvhen dat me see a bonne handsome vvench , out of pure love , me teach her parler french : if she have money , den i straight will swear , de french man is in love wide her begar : and 't is de best for her , do all she can , to marry de fur bonne french gentle-man : vvhen de gentle-man do's love de handsome vvoman not for his vvife , but for to make her common ; then me do go , pretending to sell lace , and in a poynt i oft a letter place , to bring her to my bow , and then i , am feed by both hands for my bawdry : thus we help one another , and do displace the english servitures ; by thus disgrace - — ing of them , and through some elusion , make the french happy with tothers confusion . now if your majesty would have us swear , prescribe the oath , what 't is , we do not care , so we can still reside here , rather then we shou'd now go home , wee 'l forswear country and king , and all ; for here we can invade your true born subjects , by working on the trade for which they serv'd : should they do so in france vve'd rather hang 'um , then let them advance themselves by our professions , let them not think , out of our country , they shall carry chink : no! we 're more wise ; wee 'l first let them know , vvhat perill 't is , the french do's undergo at home : but yet in england here 'bove english-men , 't is known we domineere , and shall do still ; unless your majestie , prescribe to us a day of jubilie : for we to one another are good-vvillers , and in your land aegyptian caterpillers . robert miller , m. d. london , printed in the year , . by the council of state. a proclamation. the council of state being intrusted, in this interval of parliament, with preservation of the publick peace; and being well informed, that some persons, from mistaken apprehensions of the temper of the army, ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the council of state. a proclamation. the council of state being intrusted, in this interval of parliament, with preservation of the publick peace; and being well informed, that some persons, from mistaken apprehensions of the temper of the army, ... england and wales. council of state. sheet ([ ] p.) printed by abel roper, and tho: collins, printers to the council of state, [london] : [ ] title from caption and opening lines of text. date and place of publication from wing. dated at end: saturday march . . at the council of state at vvhitehal. "a proclamation ordering the arrest of such persons as 'do attempt the debauching and alienating the affections of some in the army'" -- cf. thomason catalogue. annotation on thomason copy: "march . ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . soldiers -- england -- early works to . sedition -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation. the council of state being intrusted, in this interval of parliament, with preservation of the publ england and wales. council of state. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the council of state . a proclamation . the council of state being intrusted , in this interval of parliament , with preservation of the publick peace ; and being well informed , that some persons , from mistaken apprehensions of the temper of the army , do secretly attempt the debauching ▪ and alienating the affections of some in the army , from that obedience and duty which they owe , and ( as upon good grounds is hoped , and believed ) bear to the present authority , established by parliament , and to their superior officers in the army ; have therefore thought fit , hereby to declare , and make known , their great dislike of such proceedings , as tending , and ayming at the disturbance of the peace of this commonwealth , and engaging it into new distractions and blood ( now that such a door of hope is opened of deliverance and settlement . ) and do hereby charge and require , all and every person and persons , of what sort or degree soever , whether belonging to any the armies of this commonwealth , or others , to forbear , at their uttermost perils , all applications , of what kinde soever , to any the officers or soldiers of the armies of this commonwealth , by way of agitating , or otherwise , with design or endeavor , by word or act , to beget dissatisfactions in any such officer or soldier , towards the present government ; or to withdraw them from their obedience to their superiors ; or to make combinations or factions in the army , to the disturbance thereof , or endangering the peace of the nation . and the council do hereby impower , and require all officers , both military and civil , and all soldiers , and others , upon certain information given them of any person or persons , contriving , advising , or prosecuting any design , or endeavor to the purposes aforesaid , forthwith to seize and secure every such person and persons , and him , and them , to bring or send in custody to the council of state , to answer the same : and albeit , the council have reason to hope , that every person concerned in the safety and publick interest of the nation , will be thereby sufficiently obliged to discover and bring to condign punishment all offenders in this kinde ; yet for the better encouragement of all whom this may concern , to be faithful to that duty which they owe to their countries peace , the council doth hereby declare and promise , that for every person , who upon due proof to be made , shall appear to have acted under the name of an agitator , or otherwise , for the mischievous ends and purposes aforesaid , there shall be allowed , and paid out of the publick treasure of this commonwealth , the sum of ten pounds , to the officer or officers , soldier or soldiers , who shall discover , secure , and bring or send in custody , to the council , any such person as aforesaid . and all officers , military and civil , are required upon request made in that behalf , to be aiding and assisting in the apprehending , securing , and bringing in custody , to the council , all and every person and persons who may be justly charged with the crimes aforesaid . and the chief officers of the respective regiments , troops , and companies of the army , are required forthwith , after it shall come to their hands , to cause this proclamation to be published in the head of their regiments , troops , and companies , to the intent the same may be better taken notice of , and put into the more effectual execution . saturday march . . at the council of state at vvhitehal . ordered , that this proclamation be forthwith printed and published . w. jessop , clerk of the council . printed by abel roper , and tho : collins , printers to the council of state . ix proposals by way of interrogation, to the generall, officers, and souldiers in the army, concerning the justness of their late proceedings in law or conscience against, and contrary to the parliament, tending to reduce them to their former loyalty and obedience; by discovering the injustice, unreasonableness, and dangerousness of their proceedings and demands, wherein they still persist, onely to pick a quarrell with the parliament, without any reall cause. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) ix proposals by way of interrogation, to the generall, officers, and souldiers in the army, concerning the justness of their late proceedings in law or conscience against, and contrary to the parliament, tending to reduce them to their former loyalty and obedience; by discovering the injustice, unreasonableness, and dangerousness of their proceedings and demands, wherein they still persist, onely to pick a quarrell with the parliament, without any reall cause. prynne, william, - . , [ ] p. [s.n., london : printed, ] attributed to william prynne by wing. imprint from wing. annotation on thomason copy: "july d ". imperfect: trimmed at foot, affecting imprint. reproduction of the original in the british library. eng england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no ix proposals by way of interrogation, to the generall, officers, and souldiers in the army,: concerning the justness of their late proceedi prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion ix proposals by way of interrogation , to the generall , officers , and souldiers in the army , concerning the justness of their late proceedings in law or conscience against , and contrary to the parliament , tending to reduce them to their former loyalty and obedience ; by discovering the injustice , unreasonableness , and dangerousness of their proceedings and demands , wherein they still persist , onely to pick a quarrell with the parliament , without any reall cause . psal. . , . help lord , for the godly man ceaseth , for the faithfull fail from among the children of men , they speak vanity every one with his neighbour ; with flattering lips and with a double heart do they speak . the lord shall cut off all flattering lips , and the tongue that speaketh proud things : who have said , we will prevail , who is lord over vs ? amos . , , , , . london 〈…〉 nine proposals by way of interrogations to the generall , officers , and souldiers in the army , concerning the justness of their late proceedings in law or conscience against , and contrary to the parliament ; tending to reduce them to their former loyalty and obedience , &c. whether that new light who should have prophecied half a year since , that sir thomas fairfax , lievetenant general cromwel ; and the other godly officers , souldiers , and saints of this army ; should seize upon the kings own person &c. contrary to the votes of the parliaments of both kingdoms ; march up against the parliament towards , and neer london , contrary to the houses commands , the cities desires , and their own engagements to them ; refuse to disband now the warrs are ended , or to releive ireland , enjoyn and enforce the houses to recal and annul their own votes , against their judgments , consciences , honor and common justice ; impeach their members by a general and illegall charge which they are unable to make good , and demand them to be forthwith suspended , and sequestred from the house , before any particulars produced or proofs made , contrary to the priviledg of parliament and law of the land : require both city and parliament not to list men , or take up arms so much as to stand only upon their own gaurd to prevent all surprisals , violence , plunder , and a new war , when they are marching up armed against them to their very walls : obstruct the releif of ireland , by diverting or recalling the forces designed thither , when themselves refuse to engage for its defence ; and require many unreasonable , unjust and impossible things at the parliaments hands , specified in their late remonstrances and letters ; especially that of june . . . would not in their own consciences ▪ judgments , and all others , have been reputed , a most malicious , false prophet yea monstrous slanderer , worthy the severest censure ; and these actions deemed most prodigious , horrid , * treacherous , rebellious , and have been so adjudged and censured both by their own consciences , and all honest mens suffrages ? and yet now ( alas for greif ) we see all these things not only really acted , but justified by themselves and others even in print , to their eternal dishonour ( if persisted in ) to teach them , and all their freinds this humbling lesson ; that their new lights overmuch crying of them up , for most pretious saints , the godly party ; gods peculiar portion ; the saviors of the parliament , laws , kingdome ; and extolling them far above all other christians , who are not of their way , hath caused god in his just judgment ( to abate their spiritual pride , and overweening conceit of their transcendent piety , and fidelity ) to permit them thus to fall into those most foul and scandalous actions of disobedience and disloyalty to the parliament , which have blasted all their former glory with a perpetual blot of infamy ; and if they speedily repent not and crave pardon of god and the parliament for it with relenting humbled spirits ; into what other more desperate , unjust , bloody and treasonable acts , they may precipitate themselves , to the ruin of parliament , kingdom , city , country , religion , their own souls , bodies , estates , families ; and to what shameful ends they may bring themselves and their adherents at last , ( all which god of his infinite mercy give them grace truely to consider of and prevent ) no mortal is able to divine ; since the very * stars of heaven may fall unto the earth and be darkned ; rev. . . & . . and the purest saints have sometimes fallen into the foulest and most scandalous sins ( as david both into adultery , murther , treachery ) to humble and abate their pride , and convict them of their own humane frailty , and parity with other meaner saints in their repute . . whether the house of commons clearing of their xi . accused members by a unanimous vote upon long debate , on friday last , from anything said or done by them in the house , touching any matters contained in the charge or paper sent from the army : and resolution , that by the laws of the land , no judgment can be given to suspend these members , or any of them from sitting in the house , upon the papers presented from the army : should not engage the army in part of honor and justice , to give the house and those injured members an honorable reparation , and deliver up the accusers of them ( for the things pretended to be said or done by them within the house , of which they are thus absolutely and legally acquitted ) to publick justice , as false accusers , who have maliciously framed these fals suggestions against them , only to mutiny , & incense the army without any just grounds against the house , to wrack their private malice upon these worthy gallant men , and carry on their own private interests and treacherous designs , against the publick peace and weal , by suspending them the house ? . whether the armies declarations , papers and charge against the house and members , and the unjust , unreasonable demands therein contained ; especially these . * that the declaration inviting men to desert the army ( in obedience to the parliament ) and promising their arreares in case they do so ; be recalled . that the army ( now in rebellion ) may be presently payd up equally to those that have deserted it , in obedience to the parliaments just demands ; ( as if disobedience to the parliament , were more meritorious then obedience ) that the members charged may be forthwith suspended the house , ( before any legal accuser , charge or proof : ) that those who have deserted the army ( in obedience to the parliament and the law of god , rom. . . ) may be instantly discharged and disperst , ( but not continued in service for their faithfulness ) and receive no more of their arrears till the army ( in rebellion , yea the malignants and sectaries wherewith it is newly recruited to affront the parliament and are professed enemies to it ) be first satisfied ; who yet pretend , they are not mercenary , & still continued in the states pay , &c. against whom they mutinie ; that the parliament and city may be speedily and effectually freed from those multitudes of reformadoes ( had they said malignants , the motion had been just , but they must not be so hardly dealt with ) and soldiers that flock together in or about london ( where many of them inhabit ; others attend for their pay and to have their accounts stated , others upon their other law-business and affairs ) by a speedy dispatch and discharging them from the city : which is in truth to banish them from the place of their habitations , deny them liberty of suing for their arrears , auditing their accounts , or prosecuting their affairs , like free subjects , after they have adventured their lives for the parliament , and to deny them the liberty which all members in the army and wel-affected subjects challenge ; and is not in the parliaments or cities power to grant without raising tumults in the city , and justly exasperating all the reformadoes and soldiers against them : that all listings and raisings of new forces or drawing together of any ( for irelands , the parliaments or cities just defence ) and all preparations towards a new war may be effectually declared against and supprest ) whiles they in the mean time entertain and receive into the army all kind of discontented sectaries , if not malignants , and soldiers in arms against the parliament ; raise , list new forces , and make all preparations for a new war , against the parliaments votes ; to omit their demand concerning the kings not coming nearer london ; which are all so dishonorable , unjust , unreasonable , that no conscientious reasonable man ( but he that seeks a quarrel ) can demand , nor the parliament in honour , justice , prudence or conscience grant ; may not more truly be denominated , proved the declarations , papers and charge , of a dangerous mutinous * faction , and seditious party in the army ( resolved to receive no satisfaction at all from the houses , and to keep the army stil on foot out of sinister and private ends , though with the kingdoms loss and irelands ruin ) rather then of the body of the army it self ( never acquainted with these unreasonable demands ) whom they abuse with false reports and mis-representations of the parliaments proceedings , and intentions ? and whether the house , army , all true common-wealths men ought not with more reason and justice to impeach this mutinous factious party for mutineers and jncendiaries ; and desire them to be forthwith suspended , removed out of the army and councel of war til their publick tryals , ( especially if members of the commons house , or no proper members of the armie ) then they demand the present suspenfion of the accused members from the house ? and whether this peice of publick justice in the army ( who so much pretend unto it ) would not quiet al distempers therin , and reduce it to its former dutifulness , obedience , and fidelity to the houses ? . whether divers hundreds of english and irish souldiers , who during all the warrs bore arms and waged war against the parliament , under the command of the lord goring and others , have not since the surrender of oxford , ( by the practise of a factious malignant party in the army ) been entertained and listed in the army , to promote the kings and malignants designs ; who now declare themselves privately for the king against the parliament , and extreamly oppress the country by receiving large contributions from the people under colour of free-quarter ( which yet they take without payment ) about hatfield and other places ; and are as duly payd as any others in the army ? whether the parliament ought not to complain against , and impeach some officers of the army for this gross treachery and abuse ; and the counsel of war in the army be better imployed in examining and giving an account to the house of this abuse , and how many such cavaliers have been entertained , what pay they have received , what contributions and free-quarter they have unduly taken from the country ; and awarding them to make restitution of their pay and quarters , and then disarm and cashier all such , to give the parliament , city and kingdom satisfaction ; then to draw up new charges or remonstrances ? which if they refuse to do , the world wil soon discern whose designs they promote , and report they are as much the * kings and malignants army now , as the parliaments heretofore , and may prove more pernitious to the kingdom and parliament then ever any army of cavaliers that the king could raise . . whether many anabaptists , and dis-contented sectaries , have not repaired from london and others parts to , and been listed in the army , since the beginning of their late distempers , and the houses votes for their disbanding ? who can intend no other but some anarchical destructive designe agreeable to their principles , to ruin parliaments , monarchy , and all kind of government ? whether it be just or reasonable that the parliament should allow these pay , or the country free quarter , being forces listed against them , without their privity and commission ? whether many thousands ( if not half near the present army ) have not secretly ( without the houses knowledge or speciall order ) been listed in the army since the warrs ended , to oppresse the subject , and increase the kingdomes unsupportable charge ? whether the pay that these new recruits , ( who never were in actual service ) have received since the wars , onely for lying still and mutining against the parliament , if examined ( as in justice it deserves ) would not have fully satisfied all the arrears due to those old forces in the army who were in actuall service during the wars ? and if so , whether the houses and old souldiers in the army , have not been both abused ( by their own officers ) in these new recruits , who have anticipated those monies which should have satisfied their arrears ? and whether all these recruits ought not presently to be disbanded without further pay and to restore the money they have actually received , that those who have adventured their lives in service may be the better paid their just arrears , the parliament being unable to satisfie both ? . whether that army , who in its printed declaration ( of june . ) professeth it self ; not to be meerly mercenary , ought so much to insist upon the full payment of their arrears ere they disband ? or to demand pay ( when they have taken free quarter ) since they have been out of action and voted to disband ? whether the generals and all other officers commissions being conditionall : to obey and observe the direction of both houses of parliament , &c. be not absolutely forfeited and made void in law by their late disobedience to , and attempts against the houses priviledges ? and so their present continuing together in arms , and new recruits , a meer tumultuous assembly of riotors or armed mutineers against the parliament , whom all men by law and justice are bound to resist and suppress ; and their taking free quarter , &c. no other then direct plundering and trespasse , if not worse , by the strict law of god and man , of which they cannot in conscience or justice now crave an act of oblivion from the parliament whose authority they resist , whose priviledges they violate , whose members they wrongfully impeach , and desire causlesly to suspend contrary to the freedome of parliaments , to the insufferable injury of those countries and burroughs who have elected and intrusted them to serve for them and the kingdome in the house ; and contrary to your own pretended desires of free parliaments and elections , which your present actions diametrally contradict . whether the parliaments and cities standing on their guard , or raising forces to defend the line , and secure themselves and the parliament from plunder , and the violence of souldiers in the army , which the officers themselves cannot prevent , and suppressing tumults in the city , can any wayes be interpreted , a raising of a new war , by the army , ( who have presumptuously sent out their * warrants for provision even to hundreds within the lines of communication ) or any other rational man , more then the parliaments guard at westminster ever since the wars , or the guarding of the line heretofore when no enemy was neer , and the earl of essex forces lay about , or in the city , and suburbs ? especially since the army have broke their promises both to the parliament and city in marching up so neer the line , and many of the souldiers are so violent , insolent without , and by their disorders have incouraged others to insolencies within the line , and offer affronts unto the mēbers ? whether their pretences of emissaries sent by the accused members into divers countries to raise new forces , or introduce forraign forces , be not a malicious false slander , which may be truely retorted upon a factious party in the army , who have sent such emissaries to raise the sectaries in all counties ? and whether the obstructing and recalling of the forces for ireland , if examined , be not a meer treacherous plot of some of their own independent party ( whose commissions are now expired ) who have spent more moneys the last year , and put the kingdom to more expences in raising forces for ireland ( and then billiting them on the country without transporting them to do service , to oppress and discontent the people ) then would have actually reduced ireland ; for which the parliament in justice ought to call them to a strict account , and inflict upon them condign punishment ? . what assurance can the general or officers in the army give the houses ; that the army ( at least the major part and unruely turbulent spirits in it ) wil absolutely obey their commands or acquiesce with their resolves now , when they pretended they could not rule them in their march towards london and other ditempers heretofore ? or that they wil not march neerer london without giving the parliament and city timely notice , and the reasons of their march ( of which themselves wil be the only judges , though the notice in it self be neither timely , nor the reasons just ) ? and whether in duty and conscience they ought not ( if they can command the army ) rather absolutely to command them to retreat and disband ( at lest al such as are recruted since the votes for disbanding ) and give them clear satisfaction herein ; then thus to double ( if not trifle ) with the parliament and city , who have dealt so really and condiscendingly ( even below themselves ) with them , to allay their unjust distempers ? whether a councell of war ( consisting of the generall , some four members of the house of commons , and eight or nine gentlemen and tradesmen , newly raised to places of command by the wars ) can in conscience or justice take upon them in the name of the parliaments own army , to prescribe the parliament by way of menace in an imperious manner , to suspend their own members , recall their votes , banish , reformadoes , &c. and do what ever they please , or else threaten them with a new war and effusion of blood ( as they do in their letters and remonstrances ) which is more then the mock-parliament at oxford consisting of sundry lords and commons durst attempt ? and whether this councel of war , would not have adjudged the xi . accused members to be traytors , and demanded them to be not only suspended the house , but even corporally suspended or beheaded , had they carried themselvs so to the houses , & done in their councels of war and armies , ( reputed disorderly and prophane , ) what they have lately voted and acted in their councel and army of saints ? who wil never prove , an army of martyrs , but rather of mutineers , or worse ; if they persist and lose their lives in , or for their present cause & demands , notwithstanding all their varnished pretences , sufficiently discovered by their contradictory actions to be but pious fraudes , to delude the vulgar . . whether all acts , ordinances , votes and proceedings in parliament , obtained by violence , force , insurrections and tumults without the houses full and free consents , be not invalid , repealable , and ought to be utterly nulled and repealed both in point of justice and equity ; and so clearly resolved to be by the statutes of . & . r. . c. . . h. . c. . . h. . c. . . e. . c. ? if then the army desire to have the parliament pass any votes , ordinances or acts for their own indempnity , or for any thing else they pretend for the publick good , which may be valid or effectual in law , they must of necessity retreat , disband , and retract all their former remonstrances , menaces , impeachments and proceedings savouring of menace or force ; and leave the houses and members to their full freedom ; that so their acts and ordinances may be valid and irrevocable , being passed in a free and fair parliamentary course ; otherwise if they continue mutinous and rebellious ; what ever votes , acts or ordinances they shal wrest from them by duress , menaces , force , tumults , suspending of members before any just or legal impeachment demeriting it ; ( the highest infringement of the freedom of parliaments , and a ready way to subvert and pervert them , and to make a private faction , backed by an army a parliament , todo what they list , and over-awe the greater number against their judgments and consciences ) or marching up to over-aw them , wil be no security for the present , * and a meer snare and nullity for the future , most certain to be revoked and adnulled when the force and fear is over . which consideration , besides those mentioned in other late impressions ; and in the examination of the lawfulness of the passages of the armies declaration and grounds of justification , june . ) should now induce all really conscientious or judicious officers and soldiers in the army ( especially such who are members of the house ) to disband , and give over all forcible tumultuous courses and addresses to the houses ; that so a sweet unity and correspondency may be setled ; a new war prevented , the parliament , city , kingdom preserved from imminent ruine , ireland relieved ; and the hopes and designes of all malignants disappointed : which the lord in his infinite mercy and wisdom effectually accomplish , to the infallible joy of all gods churches and people : amen . psa. . . evil shal hunt the violent man to overthrow him . jam. . . the wrath of man worketh not the righteousness of god . finis . notes, typically marginal, from the original text notes for div a e- * themselves no doubt wold have deemed them so , in any of the xi . impeached members , or their brigades ; or in essex , manchesters , or the scots armies , guilty of no such mutinies . * much more new meteors and unfixed wandring stars . * an humble remonstrance june . a manifesto from the army . * the vindicat●on of . officer●●●me off from the army , proves it fully . * especially if the heads presented by them to the king on saturday last be true , or the first querie in the behalf of the army , in moderate answer to . queries . * since excused as a mistake . * in e. . c. . . r. . c. . . h. . c. . . . h. . c. . a pindarick poem on the royal navy most humbly dedicated to their august majesties, k. william, and q. mary / written by mr. durfey. d'urfey, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a pindarick poem on the royal navy most humbly dedicated to their august majesties, k. william, and q. mary / written by mr. durfey. d'urfey, thomas, - . [ ], p. printed and are to be sold by randall taylor, london : . reproduction of original in huntington library. reissued in , with cancel t.p.: a pindarick poem upon the fleet. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- poetry. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - daniel haig sampled and proofread - daniel haig text and markup reviewed and edited - pfs batch review (qc) and xml conversion a pindarick poem on the royal navy . most humbly dedicated to their august majesties , k. william , and q. mary . written by mr. d'urfey . devisum imperium cum iove caesar habet . in vita virgil. alta petunt , pelago credas innare revulsas cycladas , aut montes concurrere montibus altos . virgil lib. . london : printed , and are to be sold by randall taylor , near stationers-hall . . a pindarick poem . i. calm was the ocean , as when first the sun blessing the new creation , had begun , to prove the makers power , and disperse indulgent beams arround the infant universe : triumphant neptune clear'd his stormy brow , curl'd his green dropping locks , and now his aged face with wanton smiling seem'd as if his present joy , had his past years redeem'd about him throng'd in every place , naereids and trytons , all the finny race that many a century of years had strove ; t' express their dutious zeal and love , where-e're the watry god his chariot drove , hush'd in the calm of soft contentment lay , some danc'd , whilst others with the sea nymphs play , all pleas'd to see their monarch smile , & the propitious day . ii. for now great britains glory 'gan t' appear , the royal navy here , predestin'd blest , its glorious course did steer : castles impregnable , not made to yield , as when of old the hands of gods did build ; glide on the rowling billows and make sport with each oposing surge , a monarchs court is every vessel , and in every room caesar might think himself at home , the amorous sails swell with the winds that blow , and woods of english oak upon the ocean grow , the flower de luce , and type of english tame , when they the french did lame : guilds every flag , and in each lyons eyes the rage of our wrong'd nation seems to rise ; to see what now they are , and heretofore we were ; when martial henry drove 'em to their walls , and royally reveng'd the mock of their proud tennis-balls . iii. britannia first the empress of the fleet , in awful pomp rides on each humble wave ; who forward crowd with joy as pleas'd to meet : her glorious stern and mighty sides to lave ; the jocund dolphins round about her keel , whene're the martial trumpets sound ; the charming influence of musick feel , and dance an antick round ; whilst on the deck a thousand heroes are ; valiant and young , true natives , scorning fear , that englands ancient blood , and honour bear : and at their feet a hundred brazen fates ; that kill as fast as iove creates : when their hot balls of death are flying on , t' eclipse the great false light of the proud gallick sun. iv. with bloody streamers waving in the wind , the soveraign next does steer her graceful course , raising her royal head , nor is behind britannia for her bravery or force ; imperial state , majestick like her name , reigns in each motion , and do's nobly show , her just disdain of an invading foe ; that dares affront her country or her fame . next her the phoenix london booms along , the lofty theam of a fam'd laureats song : that like great maro , best could treat of kings ; and write in mighty numbers mighty things . the great st. andrew too in equal rank ; exalts her glittering prow ; proud of her walls of oak , and death defying plank ; altho they never did in scotland grow ; and lastly , to fill up the glorious line , the blest st. michael , like her name divine ; crown'd with auspicious fortune comes , gallia's inveterate foe and rome's . for as the conquering archangel fought , and th' hellish dragon to confusion brought ; that o're mankind so prosperously prevails , so is she doom'd to rout and quell the dragon of versailles . v. and after these with spreading sails appear , more wonders moving in a lower sphere , a noble fleet of second and third rates , our causes bulwark and the states ; that our best brood of english bear , heroes that hold their honour as a jem , of rich , and of unpriz'd esteem ; and weigh each vessel that for empire strives , dear as their darling lives . the glorious neptune , and the vanguard bold the sandwich fam'd for bravery of old ; the royal duke , and valiant ossory , the beautious dutchess , mistriss of the sea : the dreadnought , and the restauration , the resolution , sworn to right the nation ; and next as good as e're did sayls unfurle , the great restorer of a crown , the loyal albermarle . vi. with many more , sacred in deathless fame , and in their brave commanders blest ; that scorn to play the last years wretched game , or fell their honour for base interest ; a noble courage swells each martial heart , whilst even each coward charm'd with secret shame , grows stout in spite of fear , and acts a heroes part ; to right his country and redeem his fame , the hated thought of gallick tyranny . in every freeborn english soul , will just resentment raise to a degree , that all such baseness must controul ; and as we of a noble roman read , who that his country might be freed ; bravely adventur'd , tho without reward , to stab a tyrant amongst all his guard. so rather than the french command our sea , or in sweet albion plant their hated colony , from out our navy , or our power at land , some son of fame , some glorious hand , no doubt the sacred steel will draw , and gloriously acquire the name of english scaevola . vii . thus in an intellectual vision lost , my sences charm'd with the inchanting view , a scene , to equal which apelles ne're could boast , and mighty titian never drew ; whilst long with pleasure sated i survey'd the dazling glory of the sea , where naval pomp in splendour lay , and englands grandeur was at large display'd , methought the watry god in state , drew near the royal fleet , and with a grace majestick seem'd to greet , her * that was honour'd with his name , & we have mention'd late . his numerous train of lesser deities , around his shelly chariot rowl'd , the winds were hush'd , and not a breeze durst be so bold , to move the silent waves ; but now , as if his power had doom'd the marine world to rest that happy hour , no sound was heard through all his scaly guard du ceur . viii . on a high rock that dash'd with waves had stood , e're since th' almighty ▪ fiat made the sea , and stemm'd the shock of the tempestuous flood , at whose deep root old father ocean lay , and to a hollow cell had carv'd his wondrous way . neptune advances , and to th' aged sire , ( whom joy uncommon did inspire , to see the seas triumphant god , honour the place of his abode ) waving his sacred trident , th' father grac'd , and on the rocks least craggy part upon his right hand plac'd . then full of oracle the profound silence broke , and thus of his lov'd albion with divine fury spoke . ix . oh thou , the garden of the universe , whose fame the songs of angels might disperse ; and bards divine , where wit is most extream , and merit wreaths of lawrel from the mighty theme . thou lovely park , where herds of kings may dwell pal'd in with sea , and be invincible thou blissful seat , which the eternal made ( untir'd with the creating trade ) before the courser mould had its decree , to form the common herb , or flower , or tree . how oft from my profound recess below , did i my sorrow shew ? sorrow as great as possible could be , when pity moves a deity , to see my darling britain , my lov'd isle , grow so degenerate and vile ; sickning with sloth , and baneful luxury ; her credit lost to a degree of cowardise , and gross stupidity : whilst her insulting neighbour potent grows , and her once petty foes , that some few ages past , gladly a peace with her embrac'd : whom her immortal kings , in former times , have conquer'd in their native climes ; took royal prisoners in the field , and to their own conditions made them yield , and from the glittering banner of their crown , taken the impress to adorn her own . now by her sloth undone , and treachery , her schism , rebellion , and impiety ; and by neglect in war so long remiss , have given her foes hope to possess , and her substantial lyons win for th' titular fleu de lice . x. redeem , redeem , thy wretched loss of time , redeem thy honour , mouldring as the grave ; no longer doze and hug thy sluggish crime , but rouze , and sinking credit save . the destinies are kind , the book of fate is fair , no blotted omen does appear , but influence benevolent crowns the auspicious year . thy wealth is mighty , and thy navy great , and blushing victory seems to wait , as pre-ordain'd by fate . the powers too of my empire all agree , from the vast caverns of unfathom'd sea , to assist britains cause espous'd by me . the waves shall mount , and winds shall rage , rough boreas shall the foe ingage ; who toss'd in fatal storms shall scatter far , or blindly on themselves make war , whilst zephyrus , and every gentle wind , still to thy fleet propitious are and kind , and on my watry plain shall safely ride , untroubled with a ruffling storm , or with a rowling tide . xi . and as the natives on thy chalky shore , behold with joy thy naval power , greater than britain e're could boast before . who if they loyal service pay , and take no bribes their country to betray , are strong enough to gain a universal sway . so fame through thy perspective let them see , albions felicity , fix'd in her present monarchs bravery . royal nassaw , of whom to write is vain , 't would blunt the ablest pen , and crack the soundest brain . th' extreme of thought , adorn'd with nicest wit , his character has never writ , describe all good they can , they must leave something yet . call him deliverer , let * eusebia kneel , and show the wounds she did so lately feel , unveil the bleeding breast his soveraign balm did heal . and then in prayer her grateful homage shew , still 't is a sacrifice too low . or stile him pious , generous , valiant , wise , who beyond virgil's muse , or soaring pindar flyes , will reach his fame no more than mole hills do the skies . strict moral vertue does his breast controul , and there reigns in him a true kingly soul. not sway'd by avarice or luxury , tyrannick lust , nor poor dogmatick bigottry , but firm to honour , true to his great trust , and to the meanest of his subjects just· in time of war none readier than he , to hazard life in th' field , or launch to sea ; the hunt of glory is his chief delight , but careful that his cause is right , upon french principles great nassaw will not fight , but on just motives , with the first go on , and face the worst of dangers , like each private man ; his royal heart mix with the common file ; nor will he wear the wreath , unless he share the toil . but to retrieve the glory of his nation , still pushes forward on each brave occasion , and his successful valour proves divine predestination . xii . next reverend father , lift thy eyes ; and if the aged opticks of thy sight , can bear a ray so bright , as never yet was rivall'd in the skies , see gloriana sighting on the throne ; her royal lord the faiths defender gone . observe how filial piety , loaded with state , and soveraign dignity , the weighty pressure of a crown ; the peoples satisfaction not her own , disturbs her sacred rest ; and anxious care , inveterate foe to all the fair , in th midst of her feign'd smiles still 〈◊〉 as chief , and shews true beauty in a shrowd of grief . see how the scale of justice wisely she commands , and holds the sword with guiltless hands : a perfect angel in a double kind , for outward grace and vertues of her mind . her heart with care of her great charge opprest , still throbs within her heav'nly breast . she wishes peace , but ah ! it will not be , the lands contagion spreads to that degree , 't is only war can cure the hated malady yet in the midst of wars alarms , it s hourly terrours , and impending harms , that discompose her mighty soul , and over all delights controul , her influencing eyes are still the same , and with their usual lustre flame ; her face is all serene and fair , and tho bellona may appear , warring within her troubled heart , love keeps his revels there . xiii . her sister in the next bright sphere does move , twin-like , in vertue , piety and love ; the happy mother to a brood of kings , that shall in future times do wondrous things : and as like heaven-born sisters they agree , in all the points of sacred amity . so choicest blessings providence bestows , and tho in different guifts , an equal bounty shews . to one a glorious diadem , to th' other an unvalued jem , a happy son , a young illustrious prince , that when the gallick insolence shall cool , and mighty williams annals fill , with histories of conquests there , as i presage they will , shall march with his brave sire , the royal dane , to summon normandy , poictieu and mayne , and as our once known ancient right , anjou and aquitayne ; from such an unkle , such a father too , that glorys brightest prize pursue . what may we not expect , when they our arms direct ? what from their conduct may not albion do ? the first his royal word esteems beyond a crown , and by their words good monarchs best are known . nor can a kings divinity be true , unless word be not sacred too . this , this , is caesars maxime , he who now commands . the boldest sons of fame in foreign lands , whilst denmarks noble prince as bravely here , offers his blood ; and rather than not bear , in britains danger , or its fame , a share , resolves t' ingage at sea a royal volunteer . xiv . thus spoke the marine god , and all around , from the rocks hollow cells and deeps profound , the listning tritons rise , and shelly trumpets sound , attended with a numerous train of scaly mobble of the main , who swam in crowds to see that pompous show , a glorious city made of castles , flow then bloated with the news , down to their mansion ooze , and distant fry , with joy return again but amongst all that neptunes speech had heard , and in attention had rever'd , hoary oceanus sat with most regard ; his awful counsellour and friend , that long since had his favour gain'd , for grateful service in his love , when ampitrite first did his hearts passion move . who as she at the foot of allas fate , priding her self in her free virgin state , was by her grandfire snatch'd away , and on a dolphin forc'd to ride , through the vast empire of the sea , to be deboachd into a bribe· he , till the marine deity had done his late admir'd oration , withheld his smothering griefs ; but now sighs taking vent , his bosom large did grow with sorrows , that he could no longer tame ; which from his swelling breast at last , thus broke into a flame . xv. great king of boundless floods , to whom was given not only the great empire of the sea , but as a more peculiar lott from heaven , a wisdom large as thy imperial sway . tho happy albion in thy favour blest , above all nations may exalt her head , a secret pang torments my breast , to see how spiritless and dead the natives are that throng her chalky shore , and how unlike their brood of heroes heretofore . glory was once the subject of their arms , but now for interest each faction swarms ; and honour which each noble bosome sway'd , for gold is barter'd , and become a trade . nay , even religion grows sophisticate , and base dissenting schism of late , with errours jarring , set em all at strife ; they preach up t'other , but they love this life . even the most reverend of the sacred mystery , the weakest eyes may plainly see , not proof against the luscious bait of tempting dignity . why since their soul and flocks should be their care , should worldly accidents their bosomes share , and sordid lucre take possession there ? at least whilst sacred providence , allows a proper competence , why should their obstinate and stubborn will occasion to their country so much ill , as in their cause , to make vile fewds increase , and they themselves renounce the type of apostolick peace . xvi . in court too 't is the same , few there by virtue purchase fame , but he that best can over-reach , best plays the courtiers game . the politician tires his brains but for his own peculiar gains , his countries cause might sink , lost be the state , had he not some by-ends of being great· or should we search the lawyers honesty , in knavish courts of common-pleas , or couzning chancery , you 'd find integrity appear the worst of all the causes there . rich mammons business shall not go amiss , but poor phillemon sues in forma pauperis ; and tho his worth be great , shall seldom draw to aid him , the compassion of the law. in love too we the same defects behold , hearts now are bought and sold ; the man of sense , alas ! in vain does wooe , dull ignorance with gold , can vertue far outdo , be merit ne're so great , or passion ne're so true . cinthia still chooses wealthiest men , th' ill fated fair one never looks within , ne're asks how worthy , but how great ? what qualities , but what estate ? and tho of gifts of fortune she 's possest , enough to make some man of merit blest , who would in grateful service waste his life t' oblige so generous a wife ; and happiness that way secure , which the rich husbands gold can ne're assure . yet land and titles bear the sway , cinthia does avarice obey ; and in her eye , how poorly does appear a thousand vertues , when compar'd t' a thousand pounds a year . xvii . in all degrees of frail humanity there must great errors be ; but ah my aged sight in tears is lost , to think that albion bears the most : the quality of every strange offence so much enrages providence , that mercy after crimes so base seems imposition upon heavenly grace . observe what jarrs , the bane of all content , amongst themselves her sons foment : discord , that ushers doubts and fears , is all the harmony she hears ; and hated broyls 'twixt friend and friend brings each successive day to its sad end . curst bigottry began the play , then revolution chang'd the scene , and brought a happy freedom in , till stubborn pride turn'd it a tragick way , and prov'd the humour of each native there , just like the nature of the clime and air. for as the weather instantly can change from hot to cold , from moist to dry , so they from rebels can turn loyal men , set up a king and prove his right , and for him vote , and for him fight , and at the least disgust can rebels turn agen . xviii . mean time whilst schisms possess our frantick brains , his ends the gallick tyrant gains : he the rich prize away does bear , for which we one another tear . what can this mighty navy do , if only opulent in shew ? if treason sculking lyes within , and they forget the name of english men , a scene of glory they may idly boast , but see with shame their country lost i' th' contrary , if loyal vertue warms their valiant hearts , and they dare use their arms , if they the difference can see 'twixt free-born right and slavery ; the french may well repent their insolence once more , and never hope t' adorn their brows with lawrels from our shore . xix . thus spoke the reverend father , to whom strait the awful god reply'd , well has thy tongue describ'd poor albion's state , and cause of gallick pride ; but now in great nassaws illustrious reign , the martial genius does return again ; her sons no longer lazy peace esteem , the souls of edward and great henry live in him . henry and william fated are the same ; there 's a prophetick force even in the name , which does mysteriously shew , the latter like the first shall conquer too . time lately was when sloth and ease , the poyson to their english blood , and curst destroyer of their good , worse than the plague , was their disease . but now their fortune rises to a nobler height , under great william prosperously they fight ; bigotted rulers their disgrace still brings , the dull and tame , ne're reach to fame ; a martial race thrive best with martial kings . so , as in numa's sluggish reign , forgetful rome dissolv'd in ease , the valiant ancus did her fame regain , and war succeeded drowsie peace : their brave new monarch a fresh game began , and boldly led the latins on : glory renew'd , the haughty gauls did bow , so arm'd with strong fidelity , their troops on shore , and power at sea ; courage that shall in fight renew , and my auspicious blessing too , as powerful rome did then , shall mighty albion now . xx. thus ending with an air divinely great , the deity rose up and blest the fleet ; at which the sea-gods from the shore , the blessing twice repeating or'e , with shouts confirm'd , and th' chariot strait prepare ; for now the soultry air , began t' offend th' scaly fry , and naereids gasping fret , for fear their fins should dry , their monarch plunging through the sea , down to his palace , drives a long mysterious way , through watry provinces where nature lyes 'mongst undiscover'd rarities . oceanus too , on his sea pacer plac'd , to his low home made haste ; who whilst th' attending train each to his mansion dives , full forty thousand fathom deep , the sire at last arrives . finis . notes, typically marginal, from the original text notes for div a -e * the neptune d . rate . * church . it is desired by the clerks and gentlemen belonging to the members of both houses of parliament, that all clerks belonging to any of the inns of court, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) it is desired by the clerks and gentlemen belonging to the members of both houses of parliament, that all clerks belonging to any of the inns of court, ... england and wales. parliament. sheet ([ ] p.) s.n., [london : ] title from opening lines of text. imprint from wing. a request by the clerks and gentlemen belonging to the members of parliament, "that all clerks belonging to any of the inns of court, or any office in and about london, would be pleased to meet them on thursday next by seven of the clock in the morning, at the piatze in covent-garden, with spades, shovels, pickaxes, and other necessaries fit for the digging of the trenches." dated at end: dated at westminster the sixt of june. . reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no it is desired by the clerks and gentlemen belonging to the members of both houses of parliament, that all clerks belonging to any of the inn england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion it is desired by the clerks and gentlemen belonging to the members of both houses of parliament , that all clerks belonging to any of the inns of court , chancery , guild-hall , civil law , custome-house , iustices of the peace , or any office in and about london , would be pleased to meet them on thursday next by seven of the clock in the morning , at the piatze in coven-garden , with spades , shovels , pickaxes , and other necessaries fit for the digging of the trenches , &c. dated at westminster the sixt of june . . by the king and queen, a proclamation declaring the parliament shall be prorogued until the fourteenth day of june next england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation declaring the parliament shall be prorogued until the fourteenth day of june next england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb decease'd ..., london : . "given at our court at whitehall the sixteenth day of may, . in the fourth year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qui mal y pense royal blazon or coat of arms by the king and queen , a proclamation , declaring the parliament shall be prorogued until the fourteenth day of june next . marie r. whereas our parliament is now prorogued to the four and twentieth day of this instant may ; and whereas by our proclamation of the fifth of this month , for the reason therein mentioned , we thought fit to declare our pleasure , that our parliament should not only meet on the said four and twentieth day of may , but should continue then to sit for the dispatch of divers weighty affairs . we taking it into our royal consideration , that our navy being now at sea , and joyned with that of our allies , and in a readiness ( by the blessing of god ) to resist and repel the designs and attempts of our enemies : and being unwilling to call our subjects from their habitations at this season of the year , unless in case of necessity , have therefore thought fit ( with the advice of our privy council ) to publish and declare , and we do hereby publish and declare our royal pleasure , that our parliament shall upon the said four and twentieth day of may , be further prorogued to the fourteenth day of june next , whereof lords spiritual and temporal , and the knights , citizens and burgesses of the house of commons , and all others whom it may concern , may hereby take notice , and order their affairs accordingly . we letting them know , that we will not at the said four and twentieth day of may expect the attendance of any , but such as being in or about the cities of london and westminster , may attend the making of the said prorogation , in such manner as heretofore in like cases has been accustomed . and we to hereby further declare , that convenient notice shall be given by proclamation , of the time when our parliament shall meet and sit for the dispatch of business , to the end that the members of both houses may order their affairs accordingly . given at our court at whitehall the sixteenth day of may , . in the fourth year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the king and queens most excellent majesties . . new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party of the houses; concerning the late ordinance for repeal of the new militia of london, setled by an ordinance of both houses, when full and free, for an whole year, (not yet one quarter expired;) and other late repeals of ordinances and votes; and the high declaration against the intended petition and engagement of the londoners and others, for the speedy settlement of the kingdomes peace: occasioned by the debates thereof in the common councel in the guildhal on saturday last, the of this instant iuly. discovering the dangerous consequences of repealing ordinances and votes, and the independents, sectaries, and armies plots, to blast the honour, justice, and reputation of this parliament, thereby to dissolve it and all others in it; their false pretences of peace, when they intend nought lesse; and their strange injustice and malice against presbyterians, which will end in their own dishonour and downfal. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party of the houses; concerning the late ordinance for repeal of the new militia of london, setled by an ordinance of both houses, when full and free, for an whole year, (not yet one quarter expired;) and other late repeals of ordinances and votes; and the high declaration against the intended petition and engagement of the londoners and others, for the speedy settlement of the kingdomes peace: occasioned by the debates thereof in the common councel in the guildhal on saturday last, the of this instant iuly. discovering the dangerous consequences of repealing ordinances and votes, and the independents, sectaries, and armies plots, to blast the honour, justice, and reputation of this parliament, thereby to dissolve it and all others in it; their false pretences of peace, when they intend nought lesse; and their strange injustice and malice against presbyterians, which will end in their own dishonour and downfal. prynne, william, - . p. [s.n.], london, : printed in the year, [ ] attributed to william prynne by wing. annotation on thomason copy: "july th". imperfect: trimmed at foot, affecting imprint. reproduction of the original in the british library. eng england and wales. -- army -- history, ( th century) -- early works to . presbyterianism -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion new presbyterian light springing out of independent darkness . or vi . important new qveries proposed to the army , and their friends and party of the houses ; concerning the late ordinance for repeal of the new militia of london , setled by an ordinance of both houses , when full and free , for an whole year , ( not yet one quarter expired ; ) and other late repeals of ordinances and votes ; and the high declaration against the intended petition and engagement of the londoners and others , for the speedy settlement of the kingdomes peace : occasioned by the debates thereof in the common councel in the guildhal on saturday last , the of this instant iuly . discovering the dangerous consequences of repealing ordinances and votes , and the independents , sectaries , and armies plots , to blast the honour , justice , and reputation of this parliament , thereby to dissolve it and all others in in their false pretences of peace , when they intend naught lesse ; and their strange injustice and malice against presbyterians , which will end in their own dishonour and downfal . london , printed in the year ● new presbyterian light springing out of independent darknes or six important new queries , proposed to the army and their friends and humble servants of the houses ; concerning the late ordinance for repeal of the new militia of london , setled by an ordinance of both houses , when full and free , for an whole year ( not yet one quarter expired ) and other late repeals of ordinances and votes ; and the high declaration against the intended petition and engagement of the londoners and others ; for the speedy settlement of the kingdomes peace , &c. it is a common observation , that new laws ever beget new doubts and questions : so have some new ordinances and declarations concerning the militia , petition and engagement of london , in the common-councel an saturday last ; reducible to the ensuing six queries . . whether ordinances and votes of both houses , passed with mature deliberation in a ful and free parliament , over-awed by no armed power , may or can in point of honor , law , or justice , be retracted or repealed on a suddain , upon the request or demand of a mutinous army , by any contrary ordinances or votes , made upon less debate or consideration ; when the houses were neither so sul nor free as befo●e , and divided in the later , but not in the former ordinances and votes , and that in the same session of parliament ? and whether the armics and independents end in putting the houses now upon such repealing ordinances and votes , ( for which they have sufficiently jeered and abused them in print , and manifested the dishonor and prejudice of it , in their humble remonstrance of iune . p. . . ) is not to render parliaments vile and odious to the people ; and thereupon to abolish them , and change the whole frame of government of this kingdom , into a councel of war , and agitators for the present , and a popular anarchy for the future ? but we trust all wel-affected intelligent people wil be so discreet , as to turn the blame and odium only upon the cheif plotters , and drivers on of this design ; and never grow weary of parliaments , but of that factious army & their confederates , who thus pervert and abuse them , and deserve exemplary punishment for it . . whether such a manner of revoking ordinances , and eating or repealing former votes , wil not render all ordinances and votes contemptible , ridiculous , and of little or no validity ; and shake all the ordinances and votes of both houses , either for the souldiers and others indempnity , in acting for the parliament , upon any ordinances ; or for the security of moneys advanced for the publique service , upon the excise , goldsmiths hall , sale of bishops lands &c. and make all such security invalid , since revokable at pleasure , if the army or independents shal but propound it ? and then in what sad condition are the poor presbyterians , who have engaged all their estates upon the faith of such ordinances and votes , to raise , maintain , and gratify independent forces , officers , members ( who have contributed least of any , and received most ) who may dash and null all their securities in a moment , if they comply not with them ? and whether the citie , common-councel , and all others who have advanced moneys , or acted upon any ordinances , have not just cause to question the validity of such repealing ordinances and votes , which may endanger their very lives , liberties and estates , and expose them to all kind of extremities ; notwithstanding their oft promised protection and indempnity ? . whether the suddain repeal of the ordinance of parliament , of the of may , for the militia of london , setled by unanimous consent of the common-councel ▪ and both houses when ful and free , to continue for a ful year ( at least ) upon a bare motion from the army ( whom it no ways concerned , and who never motioned it to the city or their commissioners , in any of their letters or treaties with their commissioners , for ought appears ) only to the commons house , without any grounds or satisfactory reasons alledged for this suddain change , or once hearing or conferring with the city or militia ( as they have usually done upon all other occasions of far less consequence then this ) by an ordinance of . july . ( before three moneths of the time expired ) which renders no reason at all of the alteration ; be not a jesuitical device of some swaying sectaries and independents ; partly for to alienate and divide the city from the parliament ( who cannot but resent it as an high discourtesie and affront , and a very ill requital of all their former services and fidelity to the parliament , which hath been so oft supplied by their bounty , and preserved by their valour , when few or none else stood by them to the effusion of their blood , & advanced no less then . l ▪ at once for the new-modeling & raising of this very ungratful army , which now thus unworthily puts such an insufferable disgrace upon them . ) but principally to gain the tower of london and magazines in it , into the independents and armies custody , to inslave and command the city at their pleasure ; they having formerly plotted to surprise it by stratagem , which would have rendred them very odious ; and this being a far more plausible way to gain its possession , by color of an ordinance of both houses , who must bear all the blame , and envy , whiles the contrivers of it go scot-free . . whether this president at the armies instance , of repealing the old ordinance of the militia by a new ; may not prove a dangerous leading case for the houses sodainly to repeal sir thomas fairfax and all his officers commissions , which are but durante beneplacito : & quamdiu se bene gesserint ; ( and therefore all * forfeited by their mutinies and disobedience : ) and the late votes for putting all the forces in pay within the kingdom under his command , and for the continuance , pay and establishment of the army : with all other late votes passed in their favour and at their desires , and their very act of indempnity ? and then what wil become of their worships ? have they not then made a rod for their own tails ; and a halter for their own necks , in stead of the cities by this new ordinance of repeal , made with more hast then good speed ? . whether the house of lords and commons have not by their ordinance for the taking of the solemn league and covenant , authorized , obliged , and engaged all wel-affected citizens , gentlemen , soldiers , and subjects of the kingdom , who have taken it , solemnly to unite their heads , hearts and forces together at this present ( and upon all other just occasions ) for the preservation of religion and vniformity in church-government against heresie , error , blasphemy and schism ; the safety of the kings person and authority ; the defence of the just rights and priviledges of parliament , and of their own lives , estates , liberties ; ( all now endangered by a schismatical mutinous party in the army and their confederates ) the present effectual relief of distressed ireland , and bringing his majesty to or neer his parliament , in an honorable and just way , for the speedy settlement of a firm and happy peace , after all our expensive and bloody ▪ wars , so long delayed since the war hath ceased , to their great grief and dammage ? if not , then they and others are all mistaken in the words and tenour of the league and covenant , engaging them thereunto in positive terms under pain and censure of detestable perjury , apostacy ; neutrality ; and that they shal not suffer themselves directly or indirectly by whatsoever combination perswasion or terror ( be it of an whole revolting army or a declaration of high treason either from his majesty or any independent members of either house , or any sectaries who have either not taken , forgotten , or abjured the covenant ) to be divided or withdrawn from this blessed vnion and conjunction , either to make defection to the contrary ( prelatical , sectarian or independent ) part , or to give themselves to a detestable indifferency and neutrality in this cause which so much concerns the glory of god , the good and peace of the kingdoms and honor of the king : but shal all the days of their lives zealovsly and constantly continve therin against all opposition , and promote the same , according to their power against all lets and impediments ; be it from the army or any other ? if yea , as is irrefragable ; then with what conscience , face or justice can such be declared traytors , or guilty of treason , who shal now re-engage themselves to make good this league and covenant , and that by those very houses ( perchance not persons ) who formerly enjoyned and earnestly pressed them to take it , and proclaimed them treacherous and perjured if they brake it ? was ever such a strange contradiction as this , heard of in the world before ? the king proclaimed those traytors heretofore , who should adventure to take it by the houses command ; and the independents in the houses must now declare those , who have taken it by their order , traytors , because they conscionably keep it against a perfidious armies mind , who have highly violated it in every particular branch . but to requite their kindness , those honest covenanters wil inforce them and make it good at their utmost perils before all the world : that those who wilfully and treacherously break this league and covenant , are traytors ; not those who zealously and constantly continue therein : and if their decryed petition and engagement be treason ; the armies seditious , mutinous petitions , declarations , demands and letters , and seising and detaining of the king from the parliament against their votes and covenant , is much more treason : and therefore this strange subitane declaration of their friends and party serves only for this good use , implicitely and by way of necessary sequel ; to proclaim the generals , officers , agitators and armies declarations , proceedings and demands high treason at the least ; seeing they resolve and declare ( by what law is questionable ) the very signing of this new harmless ingagement , ( warranted by the solemn league and covenant ) to be such ; which they had neither justice nor courage to do before in direct and positive terms , as they ought and should have done : which declaration is as justly revocable no doubt as that , and may be more reasonably excepted against , then that against the armies seditious petition , & engagement , the* seminary and ground-work of all their undutiful and treasonable proceedings since , against the king , parliament , and poor dying ireland . . what reason or justice is there , that sir thomas fairfax , cromwels , cornet joyce , the agitators and armies confederacy and * solemn engagements to seize the kings person ; march up to london to enforce the houses , impeach and demand xi . eminent members at once , without just cause ; subvert the rights and freedom of parliaments ; propose very high and unreasonable demands , to which they must receive a present answer , or else be enforced to take extraordinary courses ; draw all other forces in the kingdom , and those designed for ireland to combine with them against the parliament ; their seizing of general poyntz , and sending him to the army to be tryed by a councel of war for his life , only for disswading his officers to joyn with the agitators and armie in these treasons ; should never be declared nor proclaimed treason by the houses all this while ; and yet the poor faithful citizens ( to whom the houses owe their lives and preservation more then to the army ) be sodainly declared traytors by them , only for reingageing themselves according to their covenant , to defend the king , parliament , and city , against these revolters , and to endeavour a safe & speedy peace ; which the world wil beleive the army and their freinds in the houses never cordialy intended , but pretended , only to delude the people ; because they declare the citizens desire and engagement to effect it , to be no less then * treason , and a very dangerous design , discovered to the speaker , in a letter by col. harvey , with the names of the chief conspirators , from his bishoprick of fulham , the purchase whereof , and something else hath made him lately independentish : and why was h. m. that chast and saint-like independent , ( who hath so much honesty as never in two years space , after divers summons , to give an account of the states money he received , and so much piety , as to plead for that most damnable heretick and blasphemour , best and his books ) imployed to draw up this declaration against the citizens petition and engagement ; who pleaded so violently for the revocation of the declaration against the armies petition , as an high breach of the subiects priviledg● and birthright , fit to be revoked ? surely it seems it is either because some independent grandees of the houses were privy and consenting to all these trayterous actions and proceedings of the army and so would not declare against them ▪ for fear of proclaiming themselves traytors , as wel as joyce and the army ; or because the times are now so metamorphosed , and the independent party become so strong by the impeachment and d●iving away of the presbyterian members ; that high treason in an independent and sectary , is become a commendable vertue , at least an irreprehensible offence , and a presbyterians meer performance of his solemn league and covenant ( which this declaration , it seems , would utterly repeal ) become no less then treason ; so much are presbyterians down the wind , and such is the independents and sectaries brotherly affection and liberty of conscience towards them , even for doing their conscience . what may they expect from them hereafter , who are so injurious and harsh towards them already ? the independent and sectarian party now are grown so confident , that they think the whole kingdom and both houses theirs , and the presbyterians quite defunct : and thereupon have newly published a libel with this title : the last wil and testament of sir john presbyter ; who dyed of a new disease , called , the particular charge of the army , &c. with his life , death and bvrial ; also his epitaph : ( discovering their mortal hatred to presbyterians , and the armies design to kill and bury them , ) which they presume already done by the armies charge : but , gentlemen , be not over hasty : sir john presbyter , though he hath silently slept a while , is now awaked ; and neither dead nor buried , but alive , and alive will be , when king john of leyden , the anabaptist , and saint ignatius loyola , the jesuited independent may be strangled at tyburn , or lose their pates on tower-hil for their sacred treacheries ; the whole series and history whereof , with the names , places of meeting , debates , letters and resolutions of the chief heads of the faction from time to time , and those who have treacherously revolted to them for base private ends , he wil speedily publish to the world to their eternal infamy , to shew he is still alive and unburied , and privy to their deepest secrets ; which he wil not only charge but make good against them , in a more honorable and parliamentary manner , then the army did , or can make good their charge against the members they impeached ; who dare trie their innocency by battle in the open feild ( so many to so many and one to boote ) against the gallant general and lievt. general , and any . or ten officers of the army more , that are gentlemen born , to end the controversy and wars without more expence of blood , as wel as answer them at the commons bar ; and wil prove themselves more faithful to the state , then any of their greatest accusers , if both sides may come to a free and fair tryal . in the mean time he wil pray ; that the armies , sectaries , and independents private ends , and self-seeking designs ; may never be able to obstruct the speedy settlement of our publick peace in england , or releif of desperate ireland , now gasping out it 's last breath ; whose loss and blood must onely rest on their score . whom their great friend and patron john lilburn in his new-printed epistles to cromwel thus paints out in their saint-like colours ; p. , . you have robb'd by your unjust subtilty and shifting tricks the honest and gallant agitators of a●l their power and authority , and solely placed it in a thing called a councel of war or rather a cabinet juncto of or proud self-end d fellows , that so you may without controul make up your own ends : the chiefest of them are as base as base may be ; and wil sel christ , their country , friends , relations , and a good conscience for a little money or worldly riches . and are such saints to be trusted by parliament or king ? in fine , if parliament members out of by-ends , or fear of , or compliance with any particular party whatsoever , wil pass any unjust , dishonorable or inconsiderate votes or ordinances ; it is a just judgment of god upon them , that they should be enforced and induced publiquely to retract them with shame and dishonor , even by the meanest of the people : whose late tumultuous proce●dings , though no ways justifiable or excusable , but deserving exemplary censure , and carefully to be prevented , suppressed on all hands by the militia and other officers appointed for that purpose , for the future : yet they must be looked upon by all wise conscientious people , as fruits of the armies pernicious disobedience and exorbitancies , and permitted , ordered by gods providence to punish & correct , if not reform , the obliquity and iniquity of such timerous ▪ self-seeking , or time-serving warping members , who out of fear , self-interests , or to please a prevailing party or army , care not what they pass or vote , to the parliaments dishonor , and the publick prejudice , or hurt of those who side not with them ; the late sad effects and dangerous consequences whereof , may ( through gods blessing ) convince them of their former errors in this kind , and engage them to vote and act with more syncerity and publique generous spirits for the future ; aiming only at the common good , peace and speedy settlement of our distracted and almost ruin'd kingdoms . a post-script . john lilburn , the armies champion , cheif advocate , and councellor in his letters to leivt. general cromwel ; p. . hath this notable passage , which proclaims them a meer unlawful rout of rebellious mutiners , acting without a commission from the king or houses , whose orders and commands they positively disobey and protest against : and therefore all wel-willers to the parliament are bound by their covenant to withstand and protest against them and their proceedings , and endeavor their present disbanding , for the peoples ease , and settlement of the kingdoms peace . the army under sir thomas fairfax , is not now an army acting by a commission from the king , or the two hovses ; for although they were raised by an ordinance of the lords and commons assembled at westminster , for the defence of the king and parliament , the true protestant religion ( not the scotch , jewish , antichristian , inslaving presbytery ) and the laws and liberties of the kingdom ( not the arbitrary wils of the houses ▪ as appears by the ordinance , . feb. . . part , book , declar . fol. . which possitively commands sir thomas fairfax , from time to time , to submit to , and obey all such orders and directions as he shal receive from both houses of parliament , or from the committee of both kingdoms . yet now he and his army apprehending and beleiving , that the wicked and swaying faction in both houses , would destroy them , and inslave the whole kingdom , do not only dispvte the two hovses orders and commands , bvt also possitively disobey them , as vnjvst , tyrannical , vnrighteovs : and being now thereby dissolved into the original law of nature , hold their swords in their hands for their own preservation and safety , which both nature , and the two houses practises and declarations teacheth them to do ; and justifies them , in and now act according to the principles of safety , flowing from nature , reason , and justice , agreed on by common consent and mutual agreement amongst themselves , in which every individual private souldier , whether horse or foot , ought freely to have their vote , to chuse the transactors of their affairs , or else in the sight of god , and all rotional men are discharged from obeying , stooping , or submitting , to what is done by them . and p. . in his letter to cromwel march . . he lays down this as a ground , why the army should not lay down their arms upon any conditions in the world , before they see the laws and universal wel-known liberties of england settled : seeing i wil undertake publickly , and hope shortly to prove , the parliament tyrannizeth ten times more over vs , then ever the king did ; and i wil maintain that by the law of this kingdom , it is ten times easier to prove it lawful for us to take up arms against them in the ways they now go ; then it was for them to take up arms , when they did , against the king . and i profess i would do it , if i were rationally able to morrow . for this good antiparliamentary doctrine the army in their late demands require the enlargement of this arch-traytor , who by his own confession in his printed letters was the principal instrument to instigate cromwel and them to their present rebellion against the houses , their members and proceedings , as arbitrary and tyrannical , to subvert both king and parliament . and therfore it is high time for the city and kingdom to take up arms to withstand them in defence of the parliament , king , kingdom , according to their covenant . finis . notes, typically marginal, from the original text notes for div a e- this lilburne affirmeth in his epistles p. ▪ see lilburns letters to cromwel , and the armyes solemne engagement . of iune . . ▪ . yea high treason , punishable with the forfaiture of life and estate , so are the words of the declaration . a letter to a friend concerning the next parliament's sitting at oxford philanglus. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to a friend concerning the next parliament's sitting at oxford philanglus. broadside. printed for j.k., [s.l.] : . reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- history. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to a friend concerning the next parliament's sitting at xf rd . honest tom , having undergone the gloomy day and newes of the parliaments dissolution , &c. as also the good newes that it is his majesties pleasure to order my lord chancellor to issue out . writs in order to the election of another , all i say by the way is this , ( cavete angli ) look to it you free-holders of england , that you observe the good advice contained in the writ : but they are to sit at oxford : and indeed , honest tom , i think that in the time of the sickness the then parliament sat at the said place . and alas ! now tom it 's a sick state , a sick nation , a sick people , all sick , and to be feared near death ; and now to oxford again must the parliament go . but tom dost think london's air to be infected ? i must confess , a bold rogue of our intimacy said , if it were , or any parts adjoyning , it was then the western end . but however , we know oxford is a clear air , and a goodly place , likewise a sumptuous theatre for them to act their parts in , and so let 'um march thitherwards . and i with them all prosperity and felicity , and withall that there may be no rogues , pensioners , or fellowes that love their pockets better than their countrey ; which i cordially wish for , who am , honest tom , thy old friend and companion , philanglus . printed for j. k. . die mercurii . maii, . upon report this day made to the house from the committee of priviledges, it is ordered by the lords in parliament assembled, that according to the ancient and undoubted rights of peeridge, no lord of parliament, or peer of this realm be or shall be charged, or set at any arms whatsoever, ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii . maii, . upon report this day made to the house from the committee of priviledges, it is ordered by the lords in parliament assembled, that according to the ancient and undoubted rights of peeridge, no lord of parliament, or peer of this realm be or shall be charged, or set at any arms whatsoever, ... england and wales. parliament. house of lords. sheet ([ ] p.) printed by john macock, and francis tyton, printers to the house of lords, london : . title from caption and opening lines of text. "no peer can be charged or set at arms, on any act for trained bands, militia, &c. their assistants and the attendants of the house are exempt." -- cf. steele. order to print dated: die mercurii . maii, . signed: jo. browne, cleric. parliamentorum. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of lords -- privileges and immunities -- early works to . nobility -- great britain -- early works to . privileges and immunities -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii . maii, . upon report this day made to the house from the committee of priviledges, it is ordered by the lords in parliame england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense dive et mon droit british royal blazon or coat of arms die mercurii . maii , . upon report this day made to the house from the committee of priviledges , it is ordered by the lords in parliament assembled , that according to the ancient and vndoubted rights of peeridge , no lord of parliament , or peer of this realm , be or shall be charged , or set at any arms whatsoever , upon any act for the trained bands , militia , or otherwise ; and that their lordships assistants , and attendants of the said house , be , and are hereby exempted in , and from the said charge accordingly . die mercurii . maii , . ordered by the lords in parliament assembled , that this order be forthwith printed and published . jo . browne . cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , . a political catechism, or, certain questions concerning the government of this land, answered in his majesties own words, taken out of his answer to the propositions, pag. , , , . of the first edition; with some brief observations thereupon. published for the more compleat setling of consciences; particularly of those that have made the late protestation, to maintain the power and priviledges of parliament, when they shall herein see the kings owne interpretation what that power and priviledges are. it is this twentieth day of may, an. dom. . ordered by the committee of the house of commons in parliament concerning printing, that this booke entituled, a politicall catechism, be printed. iohn white. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason e _ a this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ a]) a political catechism, or, certain questions concerning the government of this land, answered in his majesties own words, taken out of his answer to the propositions, pag. , , , . of the first edition; with some brief observations thereupon. published for the more compleat setling of consciences; particularly of those that have made the late protestation, to maintain the power and priviledges of parliament, when they shall herein see the kings owne interpretation what that power and priviledges are. it is this twentieth day of may, an. dom. . ordered by the committee of the house of commons in parliament concerning printing, that this booke entituled, a politicall catechism, be printed. iohn white. parker, henry, - . charles i, king of england, - . england and wales. sovereign ( - : charles i) england and wales. parliament. [ ], p. printed for samuel gellibrand, at the brazen serpent in pauls church-yard, london : . two editions are filmed consecutively, both labeled e. [ ]. the first is wing p a, and has an ornamental border enclosing title. the second is wing p , which does not have a border. in this edition, line fifteen of title reads: "herein see the kings owne interpreta-"; title enclosed within an ornamental border. by henry parker -- cf. wing. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . england and wales. -- sovereign ( - : charles i). -- his maiesties answer to the xix propositions of both houses of parliament. royal supremacy (church of england) -- early works to . great britain -- politics and government -- - -- early works to . a (thomason e _ a). civilwar no a political catechism, or, certain questions concerning the government of this land,: answered in his majesties own words, taken out of his parker, henry d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a political catechism , or , certain questions concerning the government of this land , answered in his majesties own words , taken out of his answer to the propositions , pag. , , , . of the first edition ; with some brief observations thereupon . published for the more compleat setling of consciences ; particularly of those that have made the late protestation , to maintain the power and priviledges of parliament , when they shall herein see the kings owne interpretation what that power and priviledges are . we can do nothing against the truth , but for the truth . cor. . . it is this twentieth day of may , an. dom. . ordered by the committee of the house of commons-in parliament concerning printing , that this booke entituled , a politicall catechism , be printed . iohn white . london printed for samuel gellibrand , at the brazen serpent in pauls church-yard , . a politicall catechism , serving to instruct those that have made the protestation concerning the power and priviledges of parliament ; taken out of his majesties answer to the propositions . question . how many simple kinds are there of civill government of states , and common-wealths ? answer . there are three kinds of government among men ; absolute monarchy , aristocracy , and democracy , page , . qu. . are there any of these simple formes perfect ? ans. all these have their particular conveniences and inconveniences , page . observ. experience hath taught men everywhere to acknowledge this , and accordingly there never was long ( if at all ) continued any of these forms exactly simple ; though some have more seemed such then others . also in all mixtures there is commonly some one of these forms more conspicuous then the rest , from whence such a particular government hath its denomination . q. . is the state of england governed by any one of these kinds simply ? a. the experience and wisdom of your ancestors hath . moulded this [ government ] out of a mixture of these . page , q. what kind of government then is that of the state of england ? a. regulated monarchy . page . observ. . if this government be a mixture of all these , and a regulated monarchy ; then it is a fond thing with us to talk of an absolute monarchy , and what an absolute monarch is , or may doe . and it is only the language of flattery that holds such discourses . it need not be counted a solecisme ( as some would perswade us ) to speak of free subjects in a monarchy , such a monarchy as ours is . if this government be a mixture of all three , then the house of commons , the representative body of the people , must needs be allowed a share in government ( some at least ) which yet is denyed , page . if this government be a mixture , then is not the government according to these lawes , solely trusted to the king , as seems to be affirmed page . if the government be regulated , why do men tell us that the king is above all law ? for it is by lawes that he is regulated . if the king bee regulated by the law , then is the king accountable to the law , and not to god only , as men would make us beleeve . if the monarchy or regall authority it selfe bee regulated , then whatsoever is done by the king , undeniably without and beyond the limits of that regulation , is not regall authority . and therefore . to resist the notorious transgressions of that regulation , is no resisting of regall authority . and it is so farre from being a resisting of the ordinance of god , that it is not so much as resisting the ordinance of man . q . by whom was this government framed in this sort ? or who is to be accounted the immediate efficient of the constitution thereof ? a. the experience and wisdom of your ancestors hath so moulded this , page . observ. . if our ancestors were the moulders of this government , then the king hath not his power , solely , or immediately , by divine right . much lesse hath he his power or authority by right of conquest . but the immediate originall of it was from the people . and if so , then — in questioned cases , the king is to produce his grant ( for he hath no more then what was granted ) and not the people to shew a reservation ; for all is presumed to be reserved , which cannot be proved to be granted away . q. is this regulated and mixt monarchy , as good as an absolute monarchy , or better , or worse ? a. this excellent constitution of this kingdom , ( the ancient , equall , happy , well-poysed , and never enough commended constitution of the government of this kingdom . page . ) hath made this nation so many years both famous and happy , and to a great degree of envy . page . q. how comes it to passe that this constitution is so excellent . a. the experience and wisdom of your ancestors hath so moulded this , out of a mixture of these , as to give to this kingdom ( as farre as humane prudence can provide ) the conveniences of all three , without the inconvenience of any one p. observ. . then those that would place in the king , an absolute and abitrary power to do what he list , are destructive to the nations happinesse , and enemies to the kingdom . . if this mixture cause this happinesse , then it is not the greatnesse of the kings power over his people , but the restraint of that power that hath made this kingdom famous and happy ; for other kings have power as large , but not so much restrained ; which largenesse of their power hath raised those kings indeed , ( but not their kingdoms ) to a great degree of envy . . hence we discern , that it is possible for kings to envy their peoples happinesse , because the largenesse of the peoples happinesse depends much upon the restraint of the kings exorbitant power . . if this mixture and well-poised constitution have raised this kingdom to so great a degree of envy , no marvell if iesuiticall councells be active to overthrow this happy constitution . q. what is the conveniency or good of monarchy ? a. the vniting of a nation under one head , to resist invasion from abroad , and insurrection at home . page . obs. . what pernicious councellours are they then to a monarch that advise him to bring in from abroad german horse , or an irish army , or a fleet of danes to invade this kingdom ; or to imploy dunkeirk ships to seaze upon his merchants , which is so formally contrary to the proper good or end of monarchy it self ? . or are they better or worse that advise him to authorize , or even permit any in his name to plunder , rob , spoil ▪ imprison any of his subjects , whom they have found peaceably in their houses , or at work in the fields , and have not disobeyed any legall command of his ? q. what is the ill of absolute monarchy ? or the inconvenience to which it is lyable ? a. the ill of absolute monarchy , is tyranny . page . obs. . therefore the more absolute a monarch is , the more prone to be a tyrant . . therfore also it is safer to restrain the king of some power to do us good then to grant him too much opportunity to do us hurt ; and the danger is greater to the people in englarging the kings power , then in restraining it somewhat . q. what is the good or conveniency of aristocracy ? a. the good of aristocracy is the coniunction of councells in the ablest persons of a state for publike benefit . page obs. ● . then surely it is for the publike benefit of the state , that this conjunction of councells in parliament should be made use of more then once in thirteen or fourteen years ; and the law for a trienniall parliament ( if there were not others before for the holding of a parliament yearly ) was a most necessary law , as also that it should not be dissolved for fifty dayes . . it was not then intended in the constitution of this government , that the king in the greatest matters of importance for publike benefit , should only hear what they say , and then follow it or reject it meerly at his owne pleasure ; for this may be as well done in an absolute monarchy . . neither is it agreeable to the constitution of this kingdom , to withdraw the king from affording his presence to his great councell of state , that so the private counsels of private men may be preferred before those whom the law and the constitution of the kingdom ▪ counts the ablest to iudge of publike benefit . q. what is the ill of aristocracy , or the inconvenience to which it is lyable ? a. the ill of aristocracy is faction and division . page . . obs. what shall we say then to those private councellors that have abused the king , by perswading him first to withdraw himself from his parliament , and then to call away the members of both houses , when yet without the consent of both houses this parliament cannot be adjourned to another place , much lesse dissolved ? yet if all would have come away at call , had it not been dissolved for want of legall numbers remaining ? and what greater faction or division can there be , then such as divide between king and parliament , and between the house and their members ? are not they most pernicious instruments , that make monarchie it self , ( whose end is to unite as was said before ) thus far guilty of faction and division ? q. what is the good , or convenience of democracy ? a. the good of democracy is liberty , and the courage and industry which liberty begets page . obs. . then the more liberties are encroached upon , the more the people will be rendred cowardly and poor , as may be plain enough seen by comparing the valour and riches of this nation in q. elizabeths dayes , with what hath been of late dayes . . the king himself , when once his subjects by having lost their liberties shall lose withall their courages , will prove the greatest looser ; for then his kingdom will be an easie prey to any forrain invader , or even to a home-bred usurper , that could gather any sudden strength , and would promise more libertie . q. what is the ill of democracy , or the inoonvenience to which it is lyable ? a. the ills of democracy are tumults , violence , and licentiousnesse . page . obs. if these be the evils for which the peoples liberty ought to be restrained by the mixture in this government , then the restraint of the liberty should be measured according to the exigency of these evils , and so much liberty need onely be restrained as is sufficient for the prevention of these evils . q. what is the mixture of this kingdom , which gives it the conveniences of all the three forementioned kinds of government , without the inconveniences of any one . a. in this kingdom the lawes are ioyntly made by a king , by a house of peeres , and by a house of commons chosen by the people : all having free votes , and particular priviledges . page . obs. . whereas there hath been great question made by many what is meant by the power and priviledges of parliament , mentioned in the protestation , which hath been so generally made thorowout the kingdom ? there is no reason to doubt but those things which the king grants afterward , to be the particular priviledge of each house , and of both , are their certain priviledges according to law , and the constitution of the kingdom ; and to the maintaining of them every one that hath made the protestation is most strictly bound , without peradventure or shift . . that the priviledges which the king challenges to himself , are to be yeelded to , onely so far forth as they are consistent with the acknowledged priviledges of the two houses ; because the monarchy being acknowledged to be a regulated monarchy , and the government mixt of aristocracy and democracy , as well a monarchy ; it is the priviledges of the two houses of parliament that makes the mixture , and so they must regulate and interpret the priviledges of the king , and not the priviledges of the king regulate or interpret theirs , save onely to the maintaining still the regall dignitie , and the succession according to laws . q. what priviledges doth the king chalenge to himself ? a. the government according to these lawes is trusted to the king : power of treaties of warre and peace , of making peeres , of choosing officers , and councellors for state iudges for law , commanders for forts and castles ; giving commissions for raising men to make warre abroad , or to preuent or prouide against inuasions and insurr●ctions at home ▪ benefit of confiscations , power of pardouing , and some other of like kind are placed in the king . page . obs. . that all these are ordinarily in the king , experience and custom teaches , even those that know not the law by reading ; but by what hath been noted before , and follows after , it is to be understood only so , as not to prejudice the priviledges of the houses of parliament , specially in cases of necessitie , ( of which hereafter . ) also — . it is acknowledged here , that the government , trusted , is to be according to the lawes , and so all these things are not absolutely in the king ; as for instance , pardons , the law denies power of pardoning wilfull murther ; and benefit of some confiscations belongs to some private lords of mannours . . if government onely according to law be trusted to the king then to resist notorious illegall violences is not to resist the kings authority . q. for what end is this authority trusted to the king , and placed in him ? a. for our subiects sake these rights are vested in us p the prince may not make use of this high and perpetuall power to the hurt of those for whose good he hath it . page . . obs. . then the good of the subjects is ever to be preferred before the monarchiall greatnesse of the king ( the end is ever more considerable then the means ) salus populi is suprema lex . . whosoever counsels the king to any thing against the good of his subjects , is the kings enemy as well as the common-wealths , by attempting to turn him from that which is the end of his authoritie . q. to what purpose especially are the priviledges of the house of commons and the house of peeres ? a. that the prince may not make use of this high and perpetuall power to the hurt of those for whose good he hath it : and make use of the name of publike necessity for the gain of his priuate fauourites and followers &c. page . obs. . the law then supposes , that such cases may fall out , though it then charge the blame upon those favorites and followers , and not upon the king ( as we shall see by and by . ) . we need not wonder then why private favorites and followers are such enemies to parliaments and their priviledges , which are on purpose to hinder their gains : of which also more anon . . the two houses are by the law it seems , to be trusted , when they declare , that the power is made use of for the hurt of the people ; and the name of publike necessitie made use of for the gain of private favorites and followers , and the like . q what are the speciall priviledges of the house of commons towards this ? a. the house of comm●ns , an excellent conseruer of liberty — is solely intrusted with the first propositions concerning the leauies of moneys which is the sinnews as well of peace as of warre &c page obs. . it seems then the house of commons is presumed to be more carefull for the subjects liberties , then either the king , or the house of peers . . then it must needs be strange for any to conceive ( as the kings declarations would perswade ) that the house of commons would fight against and subvert the libertie and propriety of the subject , and the kings favorites and followers fight for them , and protect them . . then no moneys may be levyed , neither for peace nor warre , no not under pretence of publike necessity , ( as ship-money and monopolies were ) without the house of commons first propound and grant it . . if the house of commons be an excellent conserver of libertie , it must needs have some power in some cases to levie mony even without the kings consent ; or else it will be utterly unpossible to conserve libertie at all . of which likewise more anon . q. . but if the kings private favorites and followers have ●ctually perswaded him to any thing against the laws and liberties of the subject with what further power and priviledge is the house of commons intrusted toward the conserving of liberty ? a. with the impeaching of those ▪ who for their own ends though countenanced by any surreptitiously-gotten command of the king , haue violated that law , which he is bound ( when he knowes it ) to protect ; and to the protection of which they were bound to aduise him , at least not to serue him in the contrary . page . obs. . then it is no excuse to any that violate the laws , that they serve the king in it . . the law counts all commands from the king , which are any way contrary to the law , surreptitiously-gotten . . then the parliament speaks according to the law , when they constantly lay the blame of all violations upon the kings favorites and followers , and their getting surreptitiously commands from him , and not upon the king himself . . no command of the king is to hinder the commons from impreaching such as have violated the law . . the king is bound not to protect any of his followers and favorites against the commons impeachment of them ; because he knows and affirms , that he is bound to protect the laws , and that this is the law , that the commons are to impeach such . qu. . what is the speciall priviledge of the house of peers in the former case of such favorites and followers of the kings as are impeached by the commons ? and so to decide all matters in questions between the king and the people . a. the lords being trusted with a iudicatory power are an excellent screen and bank between the prince and the people , to ass●st●nch against any encroachments of the other , and by iust iudgments to preserue that law which ought to be the rule of euery one of the three , page . qu. . but have the two houses power to put their judgements into execution , as well as to impeach and iudge ? a. the power of punishment is already in your hands according to law , page . obs. . then again it is no wonder that the kings favorites and followers hate parliaments , ( who not onely hinder their gain , but have power to punish them ) when they have violated the laws . . then the lords ( and much more the two houses together ) are supreme judges of all matters in difference between the king and the people , and have power to prevent all the kings encroachments upon the people , as well as the peoples upon him . . then the king is bound not to protect any whom the lords upon the impeachment of the commons , have judged delinquents ; for he hath granted that he is bound to protect the law , and that according to law the power of punishing ( even of his favourites and followers , 'fore spoken of ) is in their hands , and they cannot punish them , so long as he protects them . . then the law allows them as the supreme judicatory ( even th●t which must be a skreen between the king and the people , and assist the people against the kings encroachments , and punish the kings favorites and followers , though countenanced by surreptitiously-gotten commands from the king ) a power to bring such as they have judged , ( or are to judge ) to condign punishment , which is granted to all inferiour judges in their circuits and iurisdictions . . then if those delinquents get the king to protect them , or surreptiously get commands of him , to raise arms to shelter themselves against the iudgement of the two houses ; the two houses have power by the law to raise not onely the posse comitatus of those counties where such delinquents are ▪ to apprehend them ; but also the posse regni , the power of the whole kingdom if need be ; or else the power of punishment is not in their hands according to law , and it would be safer contemning and scorning and opposing the highest iudicatory , the parliament , then any inferiour court , a judge of assize , or the like : and they that could get commands to violate the law before , would easily get protection against the parliament when they are questioned , if the parliament had no power to raise arms to suppresse them . qu. . but if there be an attempt or danger , that the kings favorites and followers go about to change this regulated monarchy into an arbitrary government , and so into a tyrannie , is there authoritie in the houses sufficient according to what was sore mentioned to remedy this ? a. power legally placed in both houses is more then sufficient to preuent and restrain the power of tyrannie p. . obs. . then at least what ever power is necessary to prevent or restrain the power of tyrannie is confessed to be legally placed in both houses ; for else there is not power sufficient , much lesse , more then sufficient . . then it is lawfull for the two houses to raise arms to defend themselves in case an army be raised against them , for else they have not power sufficient to restrain the power of tyrannie : there is no greater attempt of tyrannie then to raise arms against the houses of parliament , and there is no way to restrain this tyrannie , but by raising arms in their own defence : lesse then this cannot be sufficient . . if a legall power be placed in them , not onely to restrain , but prevent the power of tyrannie , then they are the legall iudges , when there is danger of tyrannie ; and they have legall power to command their judgement to be obeyed , for preventions as well as restraint of tyrannie . . then it is lawfull for them to provide for their own and the kingdoms safetie , and they have legall power to command the people to this purpose ; not onely when arms are actually raised against them , but when they discern , and accordingly declare a preparation made towards it : for if they let alone altogether the exercise of their power , till arms are actually raised against them ; they may in all likelihood finde it too late , not onely to prevent , but even to restrain the power of tyrannie . . then they have legall power in such times of danger , to put into safe hands , such forts , ports , magazines , ships , and power of the militia , as are intended , or likely to be intended , to introduce a tyranny ; for else they cannot have power sufficient to prevent or restrain the power of tyrannie . . then they have legall power to levie moneys , arms , horse , ammunitions , upon the subjects , in such cases of danger , even without or against the kings consent ; for it cannot be imagined that in such cases when the kings favourites and followers have gotten commands from him , to protect them in their delinquencies , and attempts to introduce tyrannie , that ever he will consent to ●evies of moneys against those favourites and fol●owers of his , or to the raising arms against them , specially he being still in their hands , and among them , and not with his parliament ; and without such levies of moneys , &c. it is not possible for the two houses of parliament to prevent or restraine sufficiently the power of tyrannie . they that have made the protestation , to maintain and defend the power and priviledges of parliament , may see in all these things ( acknowledged by the king , and clearly following from his acknowledgements ) what is that power , and what are priviledges of parliament , which they have so solemnly in the presence of almighty god vowed , promised and protested to maintain , &c. . and finally , since the two houses of parliament have so often and fully declared their intentions in settling the militia , securing hull and the magazine there , and the navie at sea , with the ports and forts , and afterward in raising arms under the command of the earl of essex , and last of all , levying moneys by voluntary contibutions and assessements ; they have onely used that legall power which is in them for the punishment of delinquents , and for the prevention and restraint of the power of tyrannie , of all which they are the legall judges ; and all the subjects of this kingdom are bound by the laws to obey them herein , and those doubly bound that have made the late protestation . that the reader may the better discern how the answers here applied do agree with the words of his majesties answer to the propositions , i have here transcribed so much of it as concerns this particular . page . we call god to witnesse , that as for our subiects sake these rights are vested in vs , so for their sakes as well as for our own ) we are resolued not to quit them nor to subuert ( though in a parliamentary way ) the ancient , equall , happy well-poysed , and neuer-enough-commended constitution of the gouernment of this kingdom . there being three kinds of gouernment amongst men absolute monarchy , aristocracy , and democracy , and all these hauing their particular conveniences and inconveniences . page . the experience and wisdom of your ancestors hath so moulded this out of a mixture of these , as to giue to this kingdom ( as farre as humane prudence can prouide ) the conveniences of all three , without the inconveniences of any one , as long as the ballance hangs euen between the three estates ▪ and they run ioyntly on in their proper channell begetting verdure and fert●lity in the meadows on both sides ) and the ouer-flowing of either on either side , raise no deluge or inundation . the ill of absolute monarc●y is tyranny , the ill of aristocracy is faction and diuision , the ills of democracy are tumults , violence , and licent●ousnesse : the good of monarchy is the vniting a nation under one head , to resist inuasion from abroad , and insurrection at home : the good of aristocracy is the coniunction of councell in the ablest persons of a state for the publike benefit : the good of democracy is liberty , and the courage and industry which liberty begets . in this kingdom the laws are iointly made by a king , by a house of peeres , and by a house of commons chosen by the people , all hauing free votes and particular priviledges . the gouernment according to these laws is trusted to the king , power of treaties of war & peace , of making peeres , of chusing officers & counsellours for state iudges for law , cōmanders for forts & castles giving cōmissions for raising men to make war abroad , or to preuent & provide against invasions or insurrections at home , benefit of consiscations , power of pardoning ▪ & some more of the like kinde are placed in the king . — again , page . that the prince may not make use of this high and pertetuall power to the hurt of those for whose good he hath it , and make use of the name of publike necessity for the gain of his priuate fauorites and followers to the detriment of his people ; the house of commons an excellent conseruer of liberty ▪ but neuer intended for any share in gouernment , or the chusing of them that should gouern ) is solely intrusted with the first propositions concerning the leauies of moneys ( which is the sinews as wel of peace as warre , and the unpeaching of those who for their own ends , though countenanced by any surreptitiously-gotten cōmand of the king , haue violated that law , which he is bound ( when he knows it ) to protect , & to the protection of which they were bound to aduise him , at least not to serve him to the contrary : & the lords being trusted with a iudicatory power , are an excellent screen and bank between the prince and people , to assist each against any incroachments of the other , and by iust iudgements to preserue that law which ought to be the rule of euery one of the three . — pag. . since therefore the power legally placed in both houses is more then sufficient to preuent and restrain the power of tyrannie : — since this would be a totall subuersion of the fundamentall laws , and that excellent constitution of this kingdom , which hath made this nation so many years both famous & hapy to a great degree of envy ; since to the power of punishing ( which is already in your hands according to law ) if — since the encroaching of one of these estates upon the power of the other is unhappy in the effects both to them & all the rest — pag. ● . our answer is ▪ nolumus leges angliae mutari . but this we promise , that we will be as carefull of preserving the lawes in what is supposed to concern wholly our subiects , as in what most concerns our self : for indeed we professe to belieue that the preseruation of euery law concerns vs , those of obed●ence being not secure , when those of protection are violated . finis . the declaration agreed upon by the committee of the house of commons appointed to sit in the guildhall in london, to consider of the safety of the kingdom, and of the city of london, and of the preserving the priviledges of parliament master wilde, serjeant at law, sitting in the chaire of that committee, . jan. [i.e. ] england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) the declaration agreed upon by the committee of the house of commons appointed to sit in the guildhall in london, to consider of the safety of the kingdom, and of the city of london, and of the preserving the priviledges of parliament master wilde, serjeant at law, sitting in the chaire of that committee, . jan. [i.e. ] england and wales. parliament. house of commons. sheet ([ ] p.) joseph hunscott, [london?] : [ ] "this is the true copy which was sent from the committee to joseph hunscott for to print." reproduction of original in: bodleian library. eng england and wales. -- parliament. -- house of commons -- privileges and immunities. great britain -- history -- civil war, - . broadsides -- london (england) -- th century. a r (wing e ). civilwar no the declaration agreed upon by the committee of the house of commons appointed to sit in the guildhall in london, to consider of the safety england and wales. parliament. house of commons c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration agreed upon by the committee of the house of commons appointed to sit in the guildhall in london , to consider of the safety of the kingdom , and of the city of london . and of the preserving the priviledges of parliament . master wilde serjeant at law , sitting in the chaire of that committee . . jan. . whereas the chambers ▪ studies , and truncks of m. hollis , sir arthur haslerige , m. pym , m. hampden , and m. strode , members of the house of commons , upon munday the . of this instant january , by colour of his majesties warrant have been sealed up by sir william kilegrey , and sir william flemen and others ; which is not only against the priviledge of parliament , but the common liberty of every subject : which said members afterwards , the same day were under the like colour , by serjeant frances , one of his majesties serjeants at arms , contrary to all former presidents and priviledges of parliaments demanded of the speaker , sitting in the house of commons to be delivered unto him , that he might arrest them of high treason : and whereas afterwards the next day his majesty in his royall person came to the said house attended with a great multitude of men armed in warlike manner , with halberts , swords , and pistolls , who came up to the very door of the house , and placed themselves there , and in other places and passages neer to the said house , to the great terrour and disturbance of the members thereof , then sitting , and according to their dutie , in a peaceable and orderly manner , treating of the great affairs of england and ireland : and his majesty having placed himself in the speakers chair , demanded of them the persons of the said members to be delivered unto him , which is a high breach of the rights and priviledges of parliament , and inconsistent with the liberties , and freedom thereof . and whereas afterwards his majesty did issue forth severall warrants to divers officers , under his own hand , for the apprehension of the persons of the said members , which by law he cannot do , there being not all this time , any legall charge or accusation , or due processes of law issued against them , nor any pretence of charge made known to that house ; all which are against the fundamentall liberties of the subject , and the rights of parliament . whereupon we are necessitated , according to our duty , to declare , that if any person shall arrest m. hollis , sir arthur haslerige , m. pym , m. hampden , and m. strode , or any of them , or any other member of parliament , by pretence or colour of any warrant issuing out from the king only , is guilty of the breach of the liberties of the subject , and of the priviledge of parliament , and a publike enemy to the common-wealth . and that the arresting of the said members , or any of them , or of any othér member of parliament , by any warrant whatsoever , without a legall proceeding against them , and without consent of that house , whereof such person is a member , is against the liberty of the subject , and a breach of priviledge of parliament ; and the person which shall arrest any of these persons , or any other member of the parliament , is declared a publike enemy of the common-wealth . notwithstanding all which we think fit further to declare , that we are so farre from any endeavour to protect any of our members , that shall be in due manner prosecuted according to the laws of the kingdom , and the rights and priviledges of parliament for treason , or any other misdemeanor , that none shall be more ready and willing then we our selves , to bring them to their speedy , and due tryall , being sensible that it equally imports us , as well to see justice done against them that are criminous , as to defend the just rights and liberties of the subjects , and parliament of england . this is the true copy which was sent from the committee , to joseph hunscott for to print . reasons for the taking off the q--s and r--s in the navy books; together with proposals humbly offered to the honourable house of commons for the expeditious payment of saylors. eccles, william, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reasons for the taking off the q--s and r--s in the navy books; together with proposals humbly offered to the honourable house of commons for the expeditious payment of saylors. eccles, william, fl. . great britain. parliament. house of commons. sheet ([ ] p.) s.n., [london? : ?] signed at end "william eccles." date and place of publication suggested by wing ( nd ed.). reproduction of original in: bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- early works to . sailors -- great britain -- th century -- pay, allowances, etc. -- early works to . broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion reasons for the taking off the q — s and r — s in the navy books ; together with proposals humbly offered to the honourable house of commons for the expeditious payment of saylors . i doubt not but the greivences of saylors , touching q — s and r — s have ( in diverse modes and formes ) been already represented to this honourable house , so that i shall touch very slightly upon the same , i will only add that . first , no q — s nor r — s can be taken off to advantage of the whole , unless they are all taken off in general by act of parliament . for if the matter be referred to be examined , by the admiralty , or navy , or any other person , or persons , the saylors are still in the same condition , being to be judged , by the same judges ; or others , that may be equally prejudiced , or byased , and can have no other remedy then what they have already . secondly , with humble submission i propose , that the taking off all the q — s and r — s in general , will be an encouragement to all saylors , encouragement for all persons to trust them , when in necessity , and will be for the honour and credit , of the nation . and that the saylors may with ease be paid , their creditors satisfyed , and the money due from his majesty in arrears to saylors with ease paid , i with all humillity propose . that tickets be made out ( if there be none made out already ) for the saylors who are q — d and r — d and also for the future , that at any time , or times , when his majesty's fleet shall have ended their summers expedition , and shall put into harbour ; the captain of each ship shall there together with other officers on board , make out tickets for saylors then on board , and also for such dead , discharged , wounded , or sick men set on shore , or sent to hospitals , for their wages respectively due to them ; as also tickets for themselves from time to time , at the end of every respective expedition , and their coming into harbour . that those tickets so made out , or hereafter to be made out , be sent up to lon , don , or else where , ( according to the direction of this honourable house ) to an office , or offices , to be erected for that purpose , where each individual ticket shall receive a stamp , and indorsement , of the vallue of each ticket , with an allowance of interests thereon , ( that these tickets be returned to the parties in whose custody they now are , ) or to the said ship , to whom they belong , and paid to the saylor as ready mony , that an act pass to make the same current as specie , between subject , and subject , and be adjudged a good tender in law for any debt by any persons due , and that these tickets be paid in payments for duties to his majesty , and that a fund be appointed for the taking of them in ; is most humbly proposed , will make the saylors easie , all persons dealing with them happy , the king quiet , the nation out of debt ( in this affaire ) funds thereby will be converted to the use designed ( procure a circulation of mony ) and stop the mouths of abundance of people , who being ready to starve for their money due to them ( their poverty being so pressing ) make continual exclamations and murmors against the government , will bring our saylors home from abroad ; and i hope make this a flourshing and happy kingdom . which is the prayers of your honours most obedient servant , william eccles. to the right honourable the knights, citizens and burgesses now assembled in parliament. the humble petition of lewis de gand, a french nobleman, lord of brachey and romecour. gand, louis de. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honourable the knights, citizens and burgesses now assembled in parliament. the humble petition of lewis de gand, a french nobleman, lord of brachey and romecour. gand, louis de. sheet ([ ] p.) s.n., [london : ] imprint from wing. reproduction of the original in the british library. eng gand, louis de. -- early works to . england and wales. -- parliament -- early works to . pirates -- great britain -- early works to . robbery -- great britain -- early works to . a r (thomason .f. [ ]). civilwar no to the right honourable the knights, citizens and burgesses now assembled in parliament. the humble petition of lewis de gand, a french nobl gand, louis de. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable the knights , citizens and burgesses now assembled in parliament . the humble petition of lewis de gand , a french nobleman , lord of brachey and romecour . hvmbly shewing , that whereas since some certaine moneths , i your petitioner did for some certaine businesse of mine , come over from france into england , in a ship bearing the royall english armes , and for greater security , having the kings letters pattents , it is happened i know not by what mischance , that the spanish dunkerkers not a whit respecting or god , or the king , or england , contrary to the right of nations , did set upon us in the very english haven , and have robbed me your petitioner , of all the money i had , to the value of two hundred pound english . and that you may the better be certified of the truth of what i say , i can call to witnesse divers englishmen , which came over with me your petitioner in the same ship , and namely master george thomason , and master iosuah kirton , and master robert martin , all three marchant book-sellers , the two first in pauls church-yard , the one at the signe of the rose , the other at the signe of the white-horse ▪ the third in old bayly at the signe of venice , who will without doubt , relate unto you how ignominiously the said dunkerkers have behaved themselves even against you in this their wicked robbery . for first , they have beene so audacious , as if they were lords of the seas , yea of england it selfe , to discharge their artillery against our ship , and to constraine us to yeeld unto them ; after that , we having let them see the kings letters patents , yet never the lesse disdaining them , they have furiously set upon me your petitioner with naked swords , and forced me to deliver them all my money , the english that were present , not a little wondring at their audacity . thirdly , they were so greedy of prey , that they letted not to use the kings naturall subjects , namely some irishmen , as if they had beene frenchmen . finally if i adde unto what is said , that all this hath beene committed even in the english haven , your selves may judge how great an injury , is it redounding unto your selves . and if the spanish embassadour here in england ; or the governours of dunkerke ( to whom often hath beene written of this matter by the said embassadour , would by some way or other , have covered this their most manifest shame , and not pretend justice in this their most unjust account , in saying that they should doe against their conscience , if they should presse to restore unto an enemy ( against the law of nature ) a prise taken upon him , i your petitioner a stranger would not have troubled you with this my particular businesse , you having imployment enough , in so many waighty affaires of your owne : but yet i your petitioner being not so a stranger , but that i have of late composed a book in latine , of the prayses of the king and kingdome , dedicated unto the kings majesty intituled sol britannicus , would not ( i say ) have troubled your eares with this my particular cause , except it touched the honour of all england . for if you suffer the spanish to commit such things , why may it not be permitted unto the french , the portingalls , the hollanders as many as are living in this kingdome peaceably with the spaniards , to have the like power upon the spaniards . and what hindreth us to use them here as enemies , but the friendship that is betweene our princes and you likewise ; but the honour and reverence due unto you by us strangers living in this your kingdome . all which respects seeing the spaniards have notoriously sleighted , and not regarde but injuriously violated : therefore i humbly crave at your hands , that you would be pleased either to cause the said money , which hath beene taken from me perforce in your owne ship and haven , and the said ship having the kings armes , which should to me have beene a most sure asyle , to be restored unto me with all the dammages which i have sustained thereby , or else to give me leave , to recover it as i can upon the next spaniard i shall meet withall . and untill you have taken such an order , concerning this matter , as may well become england , i your petitioner most humbly beseech you to cause the spaniards to provide me some meanes , whereby in the meane while i your petitioner may live . and the petitioner shall ever pray for your honours &c. to the parliament of england the humble petition of the mayor, aldermen, and commons of the city of london, in common-council assembled. city of london (england). court of common council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the parliament of england the humble petition of the mayor, aldermen, and commons of the city of london, in common-council assembled. city of london (england). court of common council. sheet ([ ] p.) printed by iohn redmayn in lovells-court in pater-noster-row, london : [ ] imprint from wing. the petition of the mayor and commons of london in common council assembled, that the militia of london may be forthwith settled in the hands of citizens of known integrity and interest in the city. annotation on thomason copy: "feb. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . london (england) -- militia -- early works to . a r (thomason .f. [ ]). civilwar no to the parliament of england: the humble petition of the mayor, aldermen, and commons of the city of london, in common-council assembled. city of london c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the parliament of england : the humble petition of the mayor , aldermen , and commons of the city of london , in common-council assembled . sheweth , that the petitioners in a deep sense of what the city of london hath lately suffered by misapprehensions of their affections to the parliament of england , ( to which in all times they have constantly adhered ) do humbly adore that gracious god , who hath so mercifully restored this honourable parliament to the exercise of their trust , for this cities just vindication , and their and the nations deliverance and preservation : and do with unfeigned thankfulnesse acknowledge the happy concurrence of this honourable house , in their late worthy and prudent resolves , in order to the general settlement of the nation , and for your tendernesse to this city , in enlarging their late imprisoned members , restoring their common-council , and ordering their gates and portcullisses , posts and chains , to be repaired at the publick charge , by all which signal marks of honour , and respects to your petitioners , they do find themselves fully drawn forth into duty and affection , to tender to this honourable house , their sincere and most ready service in all the capacities god hath put them in , for the maintenance of your parliamentary authority , and safety of your persons : and your petitioners hope they neither have , nor shall forfeit that confidence , which the parliament hath alwaies had of them . the petitioners do therefore humbly pray that the militia of london may be forthwith settled in the hands of citizens of known integrity & interest in the city , and your petitioners shall pray , &c. sadler . london printed by iohn redmayn in lovells-court in pater-noster-ro●● to the right honorable the house of peeres now assembled in parliament the humble petition of the knights, gentlemen, freeholders and other inhabitants of the county of oxford. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honorable the house of peeres now assembled in parliament the humble petition of the knights, gentlemen, freeholders and other inhabitants of the county of oxford. england and wales. parliament. house of lords. sheet ([ ] p.) printed for f.l. and w.w., london : [i.e. ] reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . church of england -- bishops -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no to the right honorable the house of peeres now assembled in parliament. the humble petition of the knights, gentlemen, freeholders and other england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honorable the hovse of peeres now assembled in parliament . the humble petition of the knights , gentlemen , freeholders and others inhabitants of the county of oxford . sheweth , that the petitioners being very sensible of those pressures under which the whole kingdome growneth ; and having ever since this happie parliament began , with patience waited for a finall redresse , and a perfect reformation of the church and state ; seeing much hath been indeavored for the ease of our grievances , and much more might have beene done , had it not beene ( as we humbly conceive ) for the opposition of the ill affected parties of popish lords and bishops ; as not being the first in this way of petitioning , are constrained to represent to your honours our just feares and distractions , arrising from that barbarous and bloody rebellion in ireland , wherein innocent blood of many thousand protestants hath beene cruelly and inhumainely shed , without respect to age or sect , threatning the subvertion of the protestant religion , and the irreparable losse of that kingdome ; to the emboldning of the popish and malignant parties of this kingdome to the like attempt if opportunity be put into their hands , which may produce ( which god forbid ) as sad effects in this , from the not passing the bill for impressing of souldiers , wherby a sufficient aide may be sent , to the speedy reliefe of our brethren in ireland , from the late unparalleld breach of the privilige of parliament , from the not putting of this kingdome into a posture of defence , and the cinque ports into safe hands in whom the king and parliament may confide ; notwithstanding the many petitions put up in this behalfe : from the papists not beeing disarmed , and forsaking their owne houses , and privately living in places where they are not knowne : which justly casts jealousies into us , that they have in hand some desperate plot as yet undiscovered : from the great increase of arminianisme in our vniversity , and the insolency of that partie : from the not punishing of delinquents ; and from the continuance of many corrupt and scandalous ministers , which grow more impudent and incorrigible by the delay of punishment : lastly , from the not concenting of this honorable house with the house of commons , in the passing of many motions for the common good . all which have beene the cause of the totall decay of trade and want of coyne throughout the kingdome , to the great impoverishing thereof , and without which it will not be able long to subsist . we therefore your potitioners , doe humbly pray , that a speedy remove all of these our grievances with the causes ; and of the votes of the popish lords and bishops out of this honorable house , which ( we humbly conceive ) are not consistent with the honour of the king and parliament , and the safety of this kingdome , and your petitioners to the utmost hazard of our lives and estates will be ready to defend the king and parliament against all opposers whatsoever . the heads of the petition . . thankes , to be given to the lords for voting downe the bishops , with our earnest desire that they would doe as much for the popish parties . . that our sea townes , forts , and castles , may be speedily garded and put into the custody of such , which in whom we may safely confide . . that the kingdome may be put into a posture of defence . . that for the better disarming of papists an oath may be administred , not onely to the masters of families , but to their servants and tennants , for the better finding out where their armes are , since the former courses of searching only , are most commonly frustrated . . that all papists may be enioyned to keepe their owne houses in these dangerous times , that they may not have their meettings in london and elsewhere , whereby they may know each others minds , and so enabled to put in execution their dangerous designes . . that they would be pleased to have an especiall eye unto the vniversity of oxford , that that seminarie might not be over-whelmed with popery , arminianisme , and superstition , that their alters , images , and crucifixes , may be demolished , that governours of colledges may be questioned , wherefore they did not demolish them , according to the order set forth by the house of commons . . that a preaching ministrie may be planted throughout the whole diocesse , since there are neere upon . parishes , and not above thirty ministers that are constant preachers . . that they would be pleased to take into consideration the multiplicity of dignities and preferments that some heads of houses , every where you shall finde some to enioy a rich lordship worth many . per annum , a denery , a preband , and two fat parsonages , and seldome preach at either . . that further care may be taken for the suppressing of the rebells in ireland . london , printed for f. l. and w. w. . seven additional quæres in behalf of the secluded members, propounded to the twice-broken rump now sitting, the cities of westminster, london, county of middlesex, all other counties, cities, boroughs, in england wales, and all english freemen, whose members are secluded: and also to scotland and ireland. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) seven additional quæres in behalf of the secluded members, propounded to the twice-broken rump now sitting, the cities of westminster, london, county of middlesex, all other counties, cities, boroughs, in england wales, and all english freemen, whose members are secluded: and also to scotland and ireland. prynne, william, - . p. s.n., [london : ] attributed to william prynne. caption title. imprint from wing. annotation on thomason copy: "january. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no seven additional quæres in behalf of the secluded members, propounded to the twice-broken rump now sitting, the cities of westminster, londo prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion seven additional quaeres in behalf of the secluded members , propounded to the twice-broken rump now sitting , the cities of westminster , london , county of middlesex , all other counties , cities , boroughs , in england wales , and all english freemen , whose members are secluded : and also to scotland and ireland . whether their inhuman , uncivil , unchristian , and injurious forcible exclusion of the . worthy eminent members of the house , who on the of decemb. last resorted thither to claim their own , the other members , and peoples rights , and discharge their trusts for the peace and settlement of our churches and kingdoms , miserably rent , and almost irrecoverably ruined by their exorbitant jesuitical vsurpations , innovations , and councils ; giving express orders both to their serjeant , door-keepers , and military gards , to keep all the old secured , or secluded members , ( being above . yet living , had they been all present with those . repairing suddenly thither , upon the rumour of their clandestine sitting , concealed from all but their engaged confederates : ) not only out of the house it self , but th●●●ry lobby , into which the meanest commoner , waterman of england , and all others have , and then had free access ; and shutting them out of both , by loc●●●g and bolting the doors against them , and sending them all thence with highest neglect , after two hours att●ndance , without deigning to take the least notice of them ( as * they have at large rela●ed , ) paralle●'d with their former seclusions in may th ▪ and ●th . last , by force of arms , and levying war against 〈…〉 elsewhere , as traytors , only for raising 〈…〉 again , by their command● 〈…〉 all the old members ; be not a more direct , professed levying war against the parliament , far higher treason , and more transcendent breach of privilege and trust , than ever the late king ▪ the lord capel , or other persons beheaded or sequestred by them were guilty of , in levying war against the parliament and their forces only at a great distance from the house , not at the house doores against their members : or the * kings comming in person to the commons house , with his gard and attendants armed only with halberts , swords , and pistols , ( not with armed troops of horse and bands of foot as they ) jan. . . and placing them in the lobby , soly to demand . members impeached by him of high treason three daies before , without seising or secluding them , or any other members ; expiated by his subsequent acknowledgement and retractation of this his breach of privilege , only through mistake , by two special messages , january the th . and th . by giving satisfaction for it to both houses ; and promising assurance to the parliament , and both houses , to be for the future , as carefull of their privileges , as of his life , or his crown ; they having even after this his ingenuous satisfaction , the apprentices transitory unarmed force , july . . which they voted treason ; and cromwels , and lamberts successive forcible excluding of themselves april ▪ ▪ and october . last , which they branded to be treasonable , and tyrannical , outstripped them all , by their special orders to their guards , and officers , to exclude all old secluded members , and avowing it , when acted and complained of by the members , without the least retractation , redresse , or notice taken of this , or any former forcible exclusion● , imprisonments , and restraints of above ▪ members at once , besides the whole house of peers , when themselves are not yet above ▪ in number , and . of those no legal members of the old commons house . and whether this doth not render them enemies to the commonwealth , and to the peace and state of this kingdom , by the house of commons expresse declaration , jan. ? . whether it be not a most impudent and insolent presumption in them , to raise the militia of westminster , and middlesex to guard themselves in the house , and yet forcibly to keep out serjant glyn , and mr. bell , their own two burgesses for westmi●ster , and sr. gilbert gerard , the sole surviving knight of the s●ier for middlesex , and the militiaes of * london , and most other cities , boroughs , and counties of england , to exclude their own knights , citizens , and burgesses of the old parliament out of the house , that they may tax , oppresse and domineer over them , at their pleasure ; and a treachery , beyond all president , for them to imploy the army , first raised , commissioned , intrusted , engaged by their commissions , parliament ordinances , votes , declarations , the protestation● , league and covenant , to defend ●nd protect the members and privileges of parliament , from all force and violence whatsoever , to sit and act fr●ely in the houses , without disturbance : to keep three parts of four of their fellow members out of the hou●● and the whole house of peers , by meer force and will , without any hearing or impeachment ; and to impose intollerable uncessant taxes , both on the lords , and secluded members , and all counties , cities boroughs , for which they serve ; only to keep themselves in forcible posession within the house ; and seclude them forcibly out of it ? whether it be not a most sottish , brutish servility , baseness , treachery , infatuation for these counties , cities , boroughs militias and mercinary forces , thus to guard this trayterous , ( & now infamous , odious ) rump , to domineer over themselves , and the majority of the excluded members and lords in the house , and to keep them by their treasonable armed force , & void orders , out of it ? whether it be not both their duty , honour , honesty , interest , and only means of ease , peace , settlement , revival of trade , and restoring the lost honour of our nation , religion , and the rights , freedom , privileges , liberties of our parliaments , and kingdom ; now to joyn all their forces and endeavours , to restore all the secluded members , dishouse these forcible vsurpers , and bring them to publick justice ▪ for their present and past high treasons , since they obstinately persevere in them , without the least shadow of repentance or satisfaction to the people , or the secluded members : witness their new oath of abjuration , jan. . and to obey the secluded lords and members , orders , and desires , being the parliament ) rather than their treasonable and illegal votes ? . whether all the secluded members for this their last forcible contemptuous seclusion , without any answer or reparations from the sitting rump , have not a juster cause , and more reason now to adjorn themselves , into the city of london , and to sit there as a committee or house by the cities invitation , garded by their militia and the militiaes of westminster , middlesex , herfordshire , essex , & other counties , whose knights and burgesses , are now forcibly excluded ; til this higher force , & breach of their privileges than in any age be redressed by publick declarations against it , and exemplary punishments , the fo●ce at westm. quite removed , and they enabled to sit and act there in peace and safety ; then both hauses had to adjourn into london by the cities invitation * jan. . . upon the kings coming to the houses to demand the . impeached mmbers , and lord kymbolton , without s●izing them , or secluding others , a small breach of privilege in respect of theirs ? and whether sr. arthur haslerig ( one of the . impeached members then , ring-leader of the rump , and their forces now ) can in justice , honour , or conscience , oppose them and denzil hollis ( another of the impeached and secluded members ) therein now ; it being warranted by the president of both houses then , as an incumbent duty on them and the city too ( who gained much honor and respect from the parliament and kingdom thereby ; ) pointed out unto them by their own vote december . to take into consideration the case of all absent members , on the th . day of january next , being the very day of the month both houses . upon the kings breach of their privileges in demanding the impeached members , made a particular declaraeion against it as a high breach of the rights and privileges of parliament , and inconsistent with the freedom and liberty thereof ; and thereupon adjourned themselves into the guild-hall in london , to sit and act as a committee , which they did till both the breach of their privileges was fully vindicated , their members repaired , and brought back to the house by the city & watermen , in triumph , to sit in safety , without securing , or secluding afterwards . this their vote by a miraculous providence referring to this very day , and occasion , full years after it , and the remonstrance on it , declaring them publick enemies , and to be proceded against as such for this high breach of privilege . . whether it be not the extremity of tyranny , injustice , and violation of parliament rights and privileges , for a few guilty members who have violated all oaths , protestations , covenants , vows , declarations , trusts , privileges in the superlative degree , by meer armed force & will , to exclude above ▪ times their number of untainted members , before the least legal accusation , impeachment , bearing , tryal , evidence , or calling them into the house , or to the bar thereof , to hear or answer any charge against them ? when as by the laws of god , nature , nations , the great charter , the fundamental laws of the land , the usual course of justice in every judicature whatsoever , and the law and custom ▪ of parliament , no person whatsoever , much less any member of parliament , least of all the majority of the members , may or ought to be tryed , conviccted , judged , sentenced , disfranchised , or deprived of his persor al , much less his publick parliamentary franchise , liberty and privilege , without a lawfull summons , accusation , indictment , impeachment , tryal , hearing , conviction , by his own confession or evidence , upon his personal appearance in court , or at the bar of the house : it being resolved in the parliaments of e. . rot . parl. n. , &c. & e. . n. . that the judgement given against roger mortymer in the parliament of e. . n. . upon . particular articles of impeachment of high treason in murdering king edward the d . after his deposing , forcing the parliament at salisbury , driving away some lords from thence , and other great crimes , was erroneous and illegal , and thereupon nulled and reversed ; because , though the articles were true and notorious , yet he himself was never brought personally to the bar to answer them , nor heard before or when they gave judgement against him . therefore much lesse ought so many innocent , eminent members to be forcibly secluded , and kept out of the house before any articles exhibited , hearing , or tryal in the house , by a few guilty members , thus prejudging and excluding them , and the whole house of peers , ( over whom they have no colour of jurisdiction ) for fear of being legally impeached by them if admitted , for their enormous crimes ? . whether these peccant members high treasons , in usurping and ingrossing to themselves alone the divided and united supream authority of the king , lords , and whole commons house assembled in parliament , in voting down , secluding , and engaging against the king , and house of lords , contrary to the express tenor of the kings writs , indentures , oaths , and the act of car . by which they pretend to sit ; and their former and late levying war against the secluded membets and lords house , in imprisoning some , and keeping others of them out of the house by armed gards , against their rights , privileges , and the declaration of the whole house , january . upon the kings demanding the . impeached members , and their own votes , in the case of their own seclusions by cromwell , harrison and lambert , be not the highest breach of their trusts , and all parliments privileges , rights , and freedom , for which in law , justice , reason , and conscience too , they have absolutely for feited their memberships , and future sitting in the house ▪ from which they may and ought to be perpetually disfranchised by judgement of the secluded members , it being against the duty of a citizen , burgess , and member of parliament , to the prejudice and subversion of the parliament , house , ( yea cities and boroughs too , ) whereof they are members , and to their oaths , protestation and covenant which they took as members , according to the resolutions in james baggs case , cook . rep. f. , . littleton , sect. , . cooks instit. f. , . & instit. p. , ? whether some for le●ser treasons and crimes than these , have not had their heads and quarters set upon the top of the parliament house , instead of sitting as members in it ; and the late king lost his head by their own judgement for smaller breaches of privileges , and less dangerous wars against the parliament and members than themselves are guilty of ? whether it will not be juster , equaller , and more beneficial to the people and army , for the secluded lords and members to confiscate and sequester all their real and personal estates for discharge of all publick debts and souldiers arrears , which they have contracted , only to keep up and maintain their usurped antiparliamentary conventicles , and exclude the greatest part of the members and lords out of the parliament by force : than to confiscate and sequester sir geo. booths , or other members and commoners real and personal estates , for endeavouring to remove the force which keeps them out ; and to impose illegal taxes , excises , militiaes , oaths , both on the lords , the secluded members , and all counties , cities and boroughs whom they represent ▪ to exclude them out of parliament ? . whether the declaration of august . . made upon the speaker lenthals , and other members clandestine departure to the army , upon the apprentices unarmed tumult , and his leading up the army , first of all to the house , to commit a greater force upon it , by driving away , securing , imprisoning and secluding sundry eminent members , ( for which he deserves to be their present general ) whereas there was a visible , horrid , insolent and actual force upon the houses of parliament , on monday the . of july last , whereupon the speakers , and many members of both houses of parliament , were forced to absent themselves from the service of the parliament , and whereas those members could not return to sit in safety before friday the . of august : it is therefore declared , by the lords and commons , in parliament assembled , that the ordinance of monday the said . of july , for the repealing and making void the ordinance of the . of the said july , for the setling of the militia of the city of london , being gained by force and violence : and all votes , orders , ordinances , passed in either , or both houses of parliament , since the said ordinance of the . of july , to the said th . of august , are null and void , and were so at the making thereof , and are hereby declared so to be ; the parliament being under a force , and not free ; doth not absolutely declare , adjudge and resolve , all the rumps votes , acts , orders , ordinances , proceedings touching the militia of london , westminster , and other counties ; excises , customs , monthly contributions , indemnities , pardons , and all other matters ; or for sec●uding or suspending any member , and whole house of peers from sitting , their treasonable perjurious ingagement , and oath of abjuration ▪ to be all null and void , at the making thereof ; and so no waies obliging the city , kingdom , nation , secluded peers , or members in the least degree , since the force upon both houses , securing , secluding of above . commons , yet living , continued from dec. . . till apr. . . and from may . . till octob. . and now again by the rumps special order and command , from dec. . till this instant ▪ and that upon these considerations , and parallels of the force then , with the successive forces since upon the house and secluded members . . the apprentices force july . . was without arms : theirs by armed gards and souldiers . ly . transitory , but for . or . hours : theirs permanent for sundry whole months and years . ly . that without the privity or approbation of the house : theirs by the rumps privity , order and command . ly . that upon just provocation , to repeal an ordinance , to alter the militia of london , gotten by practice and surprize of some army officers , without the cities privity , to betray and sever it from the parliament , and reduce both under the armies power : theirs upon mere design and will without provocation , to destroy the king , lords , kingdom , parliament , alter the government , and usurp the perpetual parliamentary and supream legislative , civil and military power of our . kingdoms into their own hands . ly . they secluded never a lord , nor commoner by force : these not only exclude , but vote down , debar and engage against the whole house of lords , and three parts of four of the commons house ( above . of them still living ) against their protestation , vow , league , covenant , former votes , orders , ordinances , the act of car. ch. . & car. c. . the writs and indentures by which they pretend to sit . ly . the members pretended to be forced away by the apprentices , were not above or who went not away til . daies after the force , by an invitation from the army-officers , against the house will and privity , the members forcibly secluded and then secured . and now above . besides the peers , are kept out against their wills , both by the rumps privity and command , from discharging their duties . ly . that force was never reiterated by the apprentices : this acted six times actually over and over against the secluded members . ly . that was accompanied only with a pretended terror in a few members : this with an actual forcible seclusion of above . an imprisonment of more than . members sundry weeks , months , and close imprisonment of others of them in remote castles without hea●ing or tryal divers years : and with subsequent imprisonments , and close imprisonments since for refusing the engagement , and a proclaiming others of them traytors in all counties , cities , corporations , churches and chapels , only for raising forces to bring in all the secluded members , and procure a free parliament , for which some are now close prisoners , and their estates sequestred . ly . the ordinances , votes , and orders , declared nul and void by this ordinance , were made and passed by near three hundred commoners , without any ▪ gards or order to keep out the speakers , and those fugitive members who voluntarily repaired to the armie : and ratified by the house of lords then sitting without gards to seclude any peer or member ; their orders , votes , ordinances from decemb. . . till apr. . . and may , til octob. . were seldom made by above or commoners at most without the house of peers ; and those now sitting under a force to keep out the secluded members & peers , when they made their last votes , acts , orders decem. , and . were but . at most , whereof . or . were no legal members . therfore upon all these considerations both by the speakers own printed letter , july . and this ordinance , all votes , orders , ordinances ▪ and acts of the rump ▪ ( the parliament being under such a horrid , actual , visible , reiterated , approved , commanded armed force , and so many members forcibly secluded and restrained ) must needs be void and null to all intents at their very making , and no waies to be owned or obeyed ( as the secluded house of lords , and majority of the secluded commons house , have oft publickly declare to our . nations , and the world ) and nothing is or can be valid or legal which they shall order or impose before all the secluded members be restored , without any new test or restriction to sit , act , and vote with that ancient freedom and safety , which of right belongs unto them . . whether their present speaker , now ▪ a monstrous plurality , monopoly , medly of sundry inconsistent greatest offices of honor , power and trust , being both sole lord ▪ keeper of their great seal , sole lord general of the armies by land , sole lord admiral of the navie by sea , sole lord warden of the ports , sole gardian of the liberties of england , sole master of the rolls , sole speaker of the commons house at first , and of the two rumps since its dissolution , and sole visible head of their vtopian and harringtonian projected commonwealth in his political , and as strange a compound in his ethical capacity , though but a single person in his natural ; be not a sutable speaker for that monstrous rump now sitting , compacted mostly of members of the old parliament , elected and sitting by vertue of the kings writs , for the defence of him and his realm of england , and to do and consént to such things as by the common advice and council of the prelates , lords , and great men of the realm should be ordaiued ; and yet destroying , engaging , and now swearing against both king , kingship , kingdom , peerage , and house of lords , and secluding all members engaging not with them therein : cre●ting and stiling themselves the supreme authority of the common ▪ wealth of england , scotland and ireland too , by what chymistry and right is yet unknown , being at fir●● by the writs , indentures and act by which they sit , but members of the commons house in the parliament of the king and realm of england : next of some new additional members , by writs in the name and under the seal of the gardians of their yet unshaped commonwealth of england , scotland and ireland ; who peece together with the former , like the feet and legs of nebuchadnezzars image , which were part of iron , and part of clay ; and lastly , the rear of this rump , is made up of the doating old earl of salisbury , and lunatick young earl of pembrook , who have degraded themselves of their peerage , and become baser than the basest commoners , to be the tayl of this strange heterogeneral monster . whether their continuing obstinate , and incorrigible in their tyrannies , treasons , vsurpations , forcible exclusions of the lords , & these their fellow members , notwithstanding all their former and late dissipations by the army-officers , the unsafety of their present condition , the general displeasure of the whole kingdom , secluded lords , commons , and most part of the officers and souldiers against them ; the wonderful providences and rebukes of god himself from heaven ; the admonitions , intreaties , desires of their friends ; the secluded members , city , country , and our . nations , and their adding drunkenness to thirst , in voting a new oath of abjuration jan. . to keep out all the secluded members , and aggravate their former forcible seclusion in the highest extremity , instead of repairing , or repenting it , and deprive them of all possibility of re-admission to sit and vote together with them in freedom and safety , be not a certain symptom that they are now ripe for another total and final ejection , by some wonderfull divine providence or other , to the deserved ruine of their usurped anti-parliamentary power , persons , families , estates , if not of their very souls ; seeing god himself hath spoken , nay sworn , and will most certainly perform it ; that those who fear not god , nor the king , and are given to change , and being often reproved , harden their necks and hearts too , shall suddenly be destroyed , and that without remedy : and shall never enter into his rest , prov. . , . ch. . . psal. . , . finis . notes, typically marginal, from the original text notes for div a e- * exact collection , p. , to . * of whose . citizens , sir thomas some , and mr. vassal are forcibly ▪ secluded , as are both the knights of he●tfordshire , surry . glocestershire , northamptonshire , and most other counti●● ▪ † exact collection , p. ▪ , &c. a letter from the bishop of rochester, to the right honourable the earl of dorset and middlesex, lord-chamberlain of his majesties houshold concerning his sitting in the late ecclesiastical commission. sprat, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from the bishop of rochester, to the right honourable the earl of dorset and middlesex, lord-chamberlain of his majesties houshold concerning his sitting in the late ecclesiastical commission. sprat, thomas, - . p. printed by edw. jones, [london?] : . reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dorset, charles sackville, -- earl of, ?- . church of england -- government. england and wales. -- ecclesiastical commission ( ) - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the bishop of rochester , to the right honourable the earl of dorset and middlesex , lord-chamberlain of his majesties houshold , concerning his sitting in the late ecclesiastical commission . in the savoy : printed by edw. iones . mdclxxxviii . a letter from the bishop of rochester , to the right honourable the earl of dorset and middlesex , &c. my lord , i think i should be wanting to my self at this time , in my own necessary vindication , should i forbear any longer , to give my friends a true account of my behaviour in the late ecclesiastical commission . though i profess , what i shall now say , i only intend as a reasonable mitigation of the offence i have given , not entirely to justifie my sitting in that court ; for which , i acknowledge , i have deservedly incurr'd the censure of many good men : and i wish i may ever be able to make a sufficient amends to my country for it . yet thus much , my lord , i can justly alledge for my self , that the commission was made , and my name put into it , altogether without my knowledge ; when i hapen'd to be at salisbury , holding an archiepiscopal visitation with the bishop of chichester , and other commissioners : where , by god's blessing , we composed several old differences and animosities , and restored peace and unity to that church . at my return from thence to london , i found i was appointed to be one in a new commission : but i could never see a copy of it , nor did i ever hear its contents , or know the powers granted in it , till the time of its being publicly open'd at whitehal ; whither i was sent for , on purpose , in haste , that very morning , from my house in the country ; being just come home from a confirmation , and from paying my duty to her royal highness the princess of denmark at tunbridge . upon the first publishing the commission , i confess , through my ignorance in the laws , i had little or no objection in my thoughts against the legality of it ; especially when i confider'd , that having past the broad seal , it must needs , according to my apprehension , have been examin'd and approved by the king 's learned council in the law , men generally esteemed of eminent skill in their profession . besides , i was farther confirm'd ( though too rashly i grant ) in my error , when i saw two gentlemen of the long robe , persons of the greatest place and authority in westminster-hall , joyned with us ; who , i should have thought , would never have ventur'd their fortunes and reputations , by exercising a jurisdiction that was illegal . and i believ'd i had reason to conclude , that this very argument might prevail also with some others of the temporal lords , that sate among us . particularly the earl of rochester has often assur'd me , 't was that which induc'd him to accept of the commission ; and that he did it , as i my self did , with a purpose of doing as much good as we were able , and of hindring as much evil , as we possibly could , in that unfortunate juncture of affairs . as for my own part , i was startled when i perceived my lord of canterbury scrupled to be present with us ; whose example , 't is true , i ought rather to have followed than the greatest lawyers in all matters of conscience . yet i hope his grace will excuse me , if i declare , that i did not at first know he made a matter of conscience of it . nor did i understand his grace took exception at the lawfulness of the commission it self , till after my lord of london was cited , and had appear'd , and answer'd , and the unjust sentence was past against him . for it was on the very day the commission was open'd , immediately , as i remember , after it was read , that my lord of london was inform'd against , for not suspending dr. sharp : which , though it exceedingly surpriz'd me at first , yet observing with what heat the prosecution was like to be carryed on against him , that very consideration did the more incline me to sit and act there , that i might be in some capacity of doing right to his lordship . and whether i did him any service through the whole process of his cause , i leave it to my lord himself to judge . that i gave my positive vote for his acquittal , both the times when his suspension came in question , i suppose i need not tell the world. having thus , in the beginning of that court , and the highest ferment of it , freely discharg'd my conscience , by endeavouring to clear my lord of london , i must own , i thenceforth unawares took a resolution , which , how hurtful soever it may now prove to my self , yet i am still apt to believe , did the church of england no disservice in the main . my design , by continuing longer among them , was to make sure of one vote at least , and to do my part , to the utmost of my small interest and ability , to lessen the blow which i fear'd was coming on the clergy , since it could not altogether be avoided . and i was the more persuaded to take this course , not only because the legality or illegality of the commission seem'd at first rather a moot-case , than a determin'd point either way ; divers of the principal lawyers , as i was told , being divided in their opinions concerning it ; but also because i saw , some other persons were ready to fill my chair there , as soon as it should be empty ; men of whose principles and practices i was so well aware , that i knew they wou●d not have the same regard as my self for the churches preservation . and perhaps i might add this further for the extenuation of my fault , that i was not discouraged by some grave and worthy persons , for this very purpose , to keep in some longer time : but i forbear to name them , that i may not involve any good man in my infelicity . however , upon these motives i acted , and , in pursuance of this design , god knows , i voted , as long as i remained at the board : where all my opinions were so contrary to the humour of the court , that i often thought my self to be really in as much hazard from the commission it self , by my not complying , as any of my brethren could be , that were out of it . i appeal to all that were acquainted with the transactions there , whether ever i gave my consent to any irregular or arbitrary sentence ; whether i did not constantly and firmly declare against every extravagant decree . i could almost presume to affirm , that i was , as far as in me lay , some way or other , a common sollicitor , or advocate for all that were unjustly prosecuted before them . and i might exemplifie this beyond all contradiction , if i should enumerate every particular cause , that came under their cognizance . after my lord of london was sentenced , his lordship knows , i was always upon the watch to obstruct all farther proceedings against him . nay , his lordship well remembers , i had once obtained to have his suspension taken off , if he would but have made an ordinary submission . then i was zealous for exeter-college , in their defence against father petre , in a business of so great importance , that if the college had been overcome in the suit , that whole society must soon have been abandoned to popery . i did my utmost to oppose the violent persecution upon the whole university of cambridge ; when the vice-chancellor was suspended his office , and his mastership of magdalen-college , because a popish priest , who was one of the missionaries to pervert the scholars , was denied a degree in their convocation . i faithfully assisted and served christ-church in oxford , when they were in danger of having new statutes imposed upon them , which would infallibly have laid open that royal college , to the ruine of their good learning and religion . i absolutely resisted all the alterations in the statutes of sidney-college , and all other changes and abrogations of oaths , that were then made or designed in the statutes of either university , for the advantage of popish priests and students , and for the freer course of mandamus's in their favour . i ever gave my advice for all sorts of business , to be return'd into the common course of justice ; as that all ecclesiastical matters should be referred back to the several bishops from whose dioceses the complaints were brought ; and that all informations against colleges and hospitals should be recommitted to their proper visitors . i persisted unmoveable in my dissent from every vote that passed against magdalen-college in oxford ; from their very first citation before that court , to the cruel incapacitating of the president and fellows . i could mention many other particulars , wherein i successfully labour'd to relieve divers of the inferior and greater clergy from oppression ; to prevent some from being call'd before us at all ; to preserve others after they were accused by malicious sycophants and informers , that swarm'd then every where : some in the case of tythes ; some for pressing churchwardens to take legal oaths ; some for not reading , some for preaching against the king's declaration . but there are two eminent instances , which i cannot omit . the one , that when the bishop of lincoln was petition'd against by his arch-deacon , and there was , at that time , inclination enough in the court to pursue him to extremity , yet my lord bishop of peterburgh , by interceding for him with the king , and i with the commissioners , so effectually wrought , that the prosecution against him was discountenanced and fell to the ground . the other instance concerns my lord of canterbury ; and i am confident his grace will readily give me this testimony , that i served him honestly and industriously on some occasions , wherein he was like to be embroiled with the commission ; which must inevitably have ended in his grace's suspension at least , since he was resolved , whenever he should be brought before them , whatever the pretence had been , to deny the whole power and jurisdiction of the court. as for the last scene transacted there , which was in order to censure the whole clergy , for refusing to read the declaration : in that i hope i need say nothing in my defence , it being publicly known to the whole nation , how i then demean'd my self ; how i broke loose from the commission in a time , when i was convinced i could do the church no farther service there , and when the popish party was in the height of their power and rage . then it was that i joyned my self again to the common interest of the honest clergy , just when they were on the very brink of destruction , before we ever dream'd of this glorious deliverance . this is certain , that my leaving and defying the commission at that time , did apparently exasperate the popish priests , and the ring-leaders of the jesuitical faction against me , to the highest degree imaginable . nay , some worthy men have made me almost so vain as to fancy , that my bidding the commission then farewel in so public and peremptory a manner , was no inconsiderable stroke towards the dissolution of the commission it self . it is evident , that immediately upon the receit of my letter , wherein i renounc'd them , they adjourned in confusion for six months , and scarce ever met afterwards . thus far i am sure , my perpetual behaviour therein , was so much all of a piece , so directly against the vogue of the court , and the counsels of popery then prevailing ; and the effects of it did so visibly destroy my former interest with the king , that whereas it is manifest , i was , when the commission began , in as fair a probability as any clergy-man in england , to receive great effects of his majesties favour ; yet after my opposing my lord bishop of london's suspension , and my other votes conformable to that , i fell by degrees under his severe displeasure . i might add moreover , that it is very probable , i was at last in more imminent danger than any of my brethren ; i say , my lord , than any of my brethren , the seven petitioning bishops , and my lord of london only excepted ; whose merits and sufferings , in asserting our laws and religion , were so conspicuous , and by consequence the fury of the papists against them so implacable , that perhaps it would be presumption in any other clergy-man , much more in me , to come in competition with them for either of those honours . upon the whole matter therefore , tho' as to the legal part of the commission , which belong'd to lawyers to judge of , i was mistaken , for acting in it at all : yet in the conscientious part , which properly concern'd me as a divine , to act in it honestly and sincerely , according to the best of my judgment , in that , if i shall not be thought to deserve thanks , yet i hope i may obtain pardon from all men of candor and ingenuity . my lord , i know your lordship's generosity and tender concern for your friends , whereof i have had so much experience , will excuse me for troubling you with this my long confession and apology , for my share in the ecclesiastical commission . i wholly submit it to your lordship's prudence and kindness , to make what use of it you please in my behalf . only , this i will say , that if i had as good a cause for you to plead , as i have in your lordship a patron to defend me , i should not have an enemy in all england . westminster , feb. , . my lord , i am your lordship's most faithful , humble , and obedient servant , tho. roffen . finis . an order and declaration. whereas the pay of his majesties armies depends upon due satisfaction of the arrears of former assessments ... proceedings. - - england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an order and declaration. whereas the pay of his majesties armies depends upon due satisfaction of the arrears of former assessments ... proceedings. - - england and wales. parliament. house of commons. sheet ([ ] p.) printed by edward husbands and thomas newcomb, printers to the commons house of parliament, london : [ ] title from caption and opening lines of text. at end: thursday, may. . ordered by the commons assembled in parliament, that this order and declaration be forthwith printed and published. w. jessop, clerk of the commons house of parliament". "if the arrears of former assessments, of that for l , from december to june, and the sums due from recusants, are not paid ('though not imposed by such an authority as was legal') the army will be forced to take free quarters. all arrears are to be paid at once. all officers to furnish accounts forthwith" -- steele. steele notation: arms arrears (though any). annotation on thomason copy: "may ". reproduction of original in the folger shakespeare library. eng england and wales. -- army -- pay, allowances, etc. -- early works to . great britain -- history -- charles ii, - -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no an order and declaration. whereas the pay of his majesties armies depends upon due satisfaction of the arrears of former assessments,... england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ an order and declaration . whereas the pay of his majesties armies depends upon due satisfaction of the arrears of former assessments , and of the assessment of one hundred thousand pounds by the month , now collecting by vertue of an act for six months , beginning the twenty fifth of december last past , and ending the twenty fourth of june next , and other revenues due by recusants and others ; whereof , if punctual and timely payment be not made , ( though not originally imposed by such an authority as was legal ) the soldiers will be necessitated upon free quarter , to the great oppression of the several counties : out of a tender care therefore to prevent so great an inconvenience to the country , and discouragement to the soldiery , and to promote his majesties present service , the lords and commons in parliament assembled , do hereby order and declare in respect of the instant necessity , there being no other way to avoide the inconveniencies herein mentioned , that the commissioners for the assessment in the several counties , cities and places by vertue hereof , do proceed effectually for the getting in of all arrears of assessments , and of the monys unpaid upon the said act , or any other act , according to the proportions and powers therein contained ; and all collectors and other persons whatsoever , charged with the gathering or payment of any part thereof , are forthwith ( all pretences and excuses to the contrary set aside ) to satisfie and pay their several and respective proportions according to the directions of the said acts , as they will avoid such penalties , as will necessarily fall upon them in case of their refusal , and the further displeasure of the parliament ; and it is further ordered and declared , that all receivers , and other officers and persons , as well tenants as others whatsoever , concerned in the receipt or payment of any part of the revenue , do make due accompts and payments of what they and every of them are charged with , or liable to , as they will be answerable for their contempt and neglect , in a time when his majesties and the kingdoms service and occasions requires , the most punctual satisfaction of what is respectively due from them ; and the receipt of the several treasurers appointed for the said assessments , and the officers of the exchequer thereunto appointed respectively , shall be a sufficient discharge to all person and persons that shall make payment of any sum or sums of money by vertue hereof . thursday , may . . ordered by the commons assembled in parliament , that this order and declaration be forthwith printed and published . w. jessop , clerk of the commons house of parliament . london , printed by edward husbands and thomas newcomb , printers to the commons house of parliament . a copy of a letter written to collonell henry marten, a member of the house of commons, by lieutenant collonell lilburne. iuly . . lilburne, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a copy of a letter written to collonell henry marten, a member of the house of commons, by lieutenant collonell lilburne. iuly . . lilburne, john, ?- . sheet ([ ] p.) s.n., [london : ] imprint from wing. signed at end: iohn lilburne. reproduction of the original in the british library. eng marten, henry, - -- early works to . england and wales. -- parliament -- early works to . detention of persons -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a copy of a letter written to collonell henry marten, a member of the house of commons, by lieutenant collonell lilburne. iuly . . lilburne, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a copy of a letter written to collonell henry marten , a member of the house of commons , by lieutenant collonell lilburne . iuly . . sir : your delitory and unjust delaying to make my report to your house according to your duty , hath so hastened forward the ruine and destruction of me , my wife and tender infants , and riveted the house of lords fast in their tyrannicall domination , that i cannot now style you either a friend to me , the commonwealth , or to justice , truth , or honesty , and of all men in the world i should least have dreamed to have found such unworthy and unjust dealing from you ; but yet notwithstanding by reason of a paper come from the army , a copy of which i have even now seene , ( which desires of the house of commons that i , &c. may immediately , and legally bee tryed , or if the great affaires of the kingdom will not suffer them to debate my businesse at present , that then i may be bailed , ) i therefore desire you to acquaint the house , that the law of the land is cleare & plain , that the lords in the case in controversie betwixt us , have no jurisdiction at all over me , or any commoner of england whatsoever , and i have justly protested against them , and legally appealed * ▪ above a year ago to your house for justice against their insufferable usurpations & incrochments ; ( the injoyments of which is principally hindred by your selfe ) and therefore i require according to law , justice , equity , conscience & reason ; either to be justified or condemned by your house . and as for bail i wil by the goodnes of god be cut in peeces , before i wil in this case stoope the breadth of one heire , or do any act that in my own understanding shal declare my owning of their jurisdiction in the least over me ▪ with my giving baile or so much as my roule , would doe , within my apprehention would be a granting that their most divilsh tyrannicall illegall sentensing of me , to pay l. and to be seaven yeares in prison ; and forever to bee disfranchised of the liberties of an english man , were just and legall , and therefore if you will discharge your duty after above a years unjust delay in making my report to your house i shal yet thank you , but if you wil not , the blood , & ruin of me & mine ▪ be upō the head of you and your posterity , and the righteous and just god of heaven and earth , either incline your heart to make my report for me now at last , ( let the issue be what will i care not , as i fully told you in my last large epistle to you of the . of may now in print pag. , , . ) or else speedily avenge my cruill sufferings ▪ by your meanes ) with out mercy or compassion upon you and yours . sir in shor● if your house will as they ought give me my liberty , without intanglements , i will take it if not i am resolved to stick so closse to my just cause , till i be forced to eate my owne flesh for want of bread , which in the eye of humaine reason can not bee long , before i be forced to doe it ; but assure your selfe that if the puting forth all the resolution in a man that for this ten years , neaver feared death , tortures , nor torments ; ( no , nor yet knew what belong'd to a base feare , ) wil save me or do me good , i wil by the strength of god leave no means whatsoever unattempted or unassaid though it lose me al the earthly props & relations , i have in the world , & i advise you as a friend to looke well to your selfe and do not continue such insupportable burthens upon me by your delay of justice , as after suffering ship-wracke of my estate and fortunes , by the grand tyrannicall tyrants of england , for above ten yeares together , as i am not able longer to beare without evident destruction to me and mine , and so at present i rest , and wish i could subscribe myselfe . your servant iohn lilburne . from my causlesse , and most uniust captivity in the tower of london , the place of my fixed and resolved resolution , to spend the last drop of my heart blood against the house of lords vsurpations , over the legal rights , & freedomes of all the commons of england , this . of iuly . ▪ notes, typically marginal, from the original text notes for div a e- * which appeal , you may read in the freemans freedome vindicated pag. , , . die mercurij . decemb. . an ordinance, made by the lords and commons in parliament assembled, for the better and more speedy execution, of the late ordinance of the . of november, proceedings. - - england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die mercurij . decemb. . an ordinance, made by the lords and commons in parliament assembled, for the better and more speedy execution, of the late ordinance of the . of november, proceedings. - - england and wales. parliament. sheet ([ ] p.) printed for robert dunscomb, london : decemb. . . all persons appointed assessors and collectors under the ordinance of nov. are to proceed at once to execute it. if the assessors assess any man beyond one-twentieth of his estate he may appeal within six days after having paid one half of his assessment.--steele. steele notation: . of the. reproduction of original in the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . taxation -- law and legislation -- england -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england -- london - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurij , decemb. . an ordinance , made by the lords and commons in parliament assembled , for the better and more speedy execution , of the late ordinance of the . of november , . whereas according to an ordinance and declaration of the lords and commons assembled in parliament , of the . of november last , the persons whose names are subscribed are appointed and since approved of , by both houses of parliament , to be assessors and collectors of it is now ordered by the lords and commons assembled in parliament . and the said persons , are hereby required and authorized , upon the receipt of this order , forthwith to proceed , effectually and diligently , to execute the said ordinance , according to the tenor thereof , in every behalfe , without omission , favour , dread , malice , or any other thing , to be attempted , by them , or any of them , to the contrary thereof : and for that end ; it is further ordained and declared : that the said assessors , shall hereby have authority to call before them , as well such persons , as they shall thinke fit to their assistance : as also , all or any such persons , as are to be assessed . and the said assessors shall appoint the said collectors , in their severall divisions and precincts , for gathering the sums that shall be assessed ; and give notice of the summe and summes of money , at which every person , in their divisions and precincts shall be particularly assessed . and whereas it is expressed , in the said ordinance , ( so as the assessement exceed not the twentieth ●art of the estates of the persons to be assessed ) it is hereby declared , for prevention of all inequality in the said assessement : that if the said assessors , or any foure of them , proceeding in their assessement according to their judgements , and best information , shall assesse any person , above the twentieth part of his estate ; and that the person so assessed , doth find himselfe grieved , with the same assessing or rating : that then the party so assessed , ( paying one moiety of the summe he shall be assessed at , within sixe dayes next after assessement , and notice thereof given , or left , at the dwelling house of the party so assessed ) may , ( during sixe daies , after his having paid the said moiety , as aforesaid ) have liberty , and may addresse himselfe for remedy and reliefe , unto the persons nominated by the said ordinance , to nominate the assessors , or any foure of them , and may tender his voluntary oath , or protestation , to such persons , that he is over-rated , and of the true value of his estate ( if he please ) and after due examination , and perfect knowledge thereof had , and perceived ; the said persons authorized to nominate assessors as aforesaid , or any foure of them , shall hereby have power to order such abatement of the said assessement , according as shall appeare unto them just , and equall upon the same examination . and it is hereby further ordained and declared , that the person so assessed and sworne , shall within three dayes next after the order of abatement , in that behalfe made , pay unto , or be repaid by the treasurers who received the other moiety of such assessement , such summe or summes of money , as by the said order of abatement shall be appointed : and in case the said person , so sworne and assessed , shall not pay within the said three dayes , next after order of abatement made , the summe thereby ordered to be paid ; that then the same summe , shall be recovered by distresse , or otherwise , as is provided in the said ordinance of the . of november last , ( in case the summes assessed shall not be paid into the guild-hall , london , according to the true meaning of the same ) and if it be proved by witnesses , or by the parties owne confession , or other lawfull wayes or meanes , within sixe monethes after any such oath made , that the same person so rated , and sworne , was of any better or greater estate , in lands , goods , or other things above specified , at the time of the making the said ordinance , then the said person so sworne , did declare upon his oath . that then every person so offending , shall lose and forfeit , so much lawfull money of england , as he the same person so sworne , was first assessed at , or taxed to pay , by vertue of the ordinance aforesaid : to be recovered , by distresse , or otherwise , as is provided , in the said ordinance of the . of november last , ( in case the summes of money to be assessed by vertue of the said ordinance shall not be paid into the guild-hall london , according to the true meaning of the same ) and it is hereby further ordained and declared , that the said assessors and collectors shall incurre no damage by reason of their over-valuing the estate of any person assessed , or to be assessed , or recovering or receiving the same , by vertue of the ordinance aforesaid , unlesse some corruption or indirect carriage therein , shall be proved in parliament against them . die veneris , decemb. . . ordered by the lords and commons assembled in parliament that this ordinance be forthwith printed and published . jo. browne cler. parliamentorum . london printed for robert dunscomb . decemb. . . plus vltra. to the parliament of england, that you have made the earth to shake, and the seas to tremble under you: (even earthly men, and seas of their traditions) the power of the lord is magnified, and you are highly honoured. ... / your sober friend, and humble servant in the lord, peter chamberlain. chamberlen, peter, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) plus vltra. to the parliament of england, that you have made the earth to shake, and the seas to tremble under you: (even earthly men, and seas of their traditions) the power of the lord is magnified, and you are highly honoured. ... / your sober friend, and humble servant in the lord, peter chamberlain. chamberlen, peter, - . sheet ( p.) s.n.], [london : . april . place of publication from wing. reproduction of the original in the british library. eng chamberlen, peter, - . -- poore mans advocate. england and wales. -- parliament -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no plus vltra.: to the parliament of england, that you have made the earth to shake, and the seas to tremble under you: (even earthly men, and chamberlen, peter c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion plus vltra . to the parliament of england , that you have made the earth to shake , and the seas to tremble under you : ( even earthly men , and seas of their traditions ) the power of the lord is magnified , and you are highly honoured . would you now die like men , or live like the sons of god ? remember whereto you are exalted . remember from whence you are fallen . do the first works , and let the last be better then the first . take off every burthen , and let the oppressed go free . your navy shall be maintained , freedom of trade regained , impost and customs cased : your armies shall be duly paid , assesment and 〈…〉 . let but the people ( who chose you ) chuse . out of each remotest — & . out of each well-affected county : ( not cavaliers least they offend you , not committee — nor long gown'd-men , lest they offend them ; but un-byassed , un-interressed gentlemen or yeomen ) and let the souldier ( whom you chose ) chuse one or more out of every regiment , to consult and judge with you , concerning the proposals to be offered . if it succeed , you may be established . if it faile , yet may you gather in the dispersed thoughts and wisdom of the nation and obtain help and assistance for those great affaires which multiply and oppress you . neverthelsse , i freely offer my life the pawn of my confidence in the success , if you are pleased to put it to the tryal , if not , yet have i discharged my duty and engagement ; but , in despising the day of small things , armies will be increased upon you , and murmurings against you : as taxes and assesments on the people . great mischiefs happen but once . the poor mans advocate would have prevented all . i have lost , i have suffered many things ; you have given , you have granted me nothing . yet smile , and vote me your sober friend , and humble servent in the lord , peter chamberlain . . april . three speeches spoken at a common-hall, thursday the . of iuly, . / by mr. lisle, mr. tate, mr. brown, members of the house of commons: containing many observations upon the kings letters, found in his own cabinete at nasiby fight, and sent to the parliament by sir thomas fairfax, and read at a common-hall. published according to order. lisle, john, ca. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) three speeches spoken at a common-hall, thursday the . of iuly, . / by mr. lisle, mr. tate, mr. brown, members of the house of commons: containing many observations upon the kings letters, found in his own cabinete at nasiby fight, and sent to the parliament by sir thomas fairfax, and read at a common-hall. published according to order. lisle, john, ca. - . tate, zouch, or - . browne, john, ca. - . p. printed for peter cole, at the sign of the printing-presse in cornhill, neer the royall exchange, london: : . annotation on thomason copy: "july th". reproduction of the original in the british library. eng england and wales, -- - : charles i, sovereign. great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no three speeches spoken at a common-hall,: thursday the . of iuly, . / by mr. lisle, mr. tate, mr. brown, members of the house of common lisle, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion three speeches spoken at a common-hall , thursday the . of iuly , . by mr. lisle , mr. tate , mr. brown , members of the house of commons : containing many observations upon the kings letters , found in his own cabinet at nasiby fight , and sent to the parliament by sir thomas fairfax , and read at a common-hall . published according to order . london : printed for peter cole , at the sign of the printing-presse in cornhill , neer the royall exchange , . mr. lisle his speech . my lord major , and you worthy gentlemen of the famous city of london , i am commanded by the lords and commons in parliament assembled , to observe to you some passages out of these letters which you have heard ; they are passages of that nature , though it be most happy for this kingdom and parliament to know them , yet my very heart doth bleed to repeat them . the first thing that i shall observe to you , is concerning the kings endeavours to bring forraign forces , a forraign prince with an army into this kingdom : by his letters to the queen , which you have heard read , he endeavours to hasten the duke of lorraine with an army into england ; it is well known to the parliament , that the duke of lorrain is a prince highly esteemed at rome , the most complying with jesuits of any prince in christendom ; and yet the king writes to the queen , to hasten the duke of lorrain to come with an army into england . the next thing that i shall observe to you , are , endeavours to overthrow the law of the land by power , to repeal the laws and stat●tes of this realm by force and arms , endeavours by force and arms to repeal all the statutes of this kingdom against papists ; i shall read a passage to you , which you have already heard , out of one of the kings letters to the queen ; the letter vvas dated the fifth of march , . i give thee power , in my name , to promise that i will take away all the penall statutes in england , against the roman catholikes , as soon as god shall enable me to do it , so as by their means , or in their favours , i may have so powerfull assistance as may deserve so great a favour . when we consider , that the statutes of this kingdom against papists must be taken away by force ; when we consider that the laws of this kingdom are to be repealed by power , who cannot but when hee calls to minde the declarations that have been made to put the laws in execution against papists , of the protestations that have been made , and have been often made to maintain the laws of this kingdom , who can chuse but grieve to think of it . the third thing ( gentlemen ) that i shall observe to you , is concerning the use , and the ends that have been made ( which you may observe out of these letters ) of a treaty with the parliament , i shall read his majesties words to you in the letter of the fifteenth of february , . a letter to the queen ; and be confident that in making peace , i shall ever shew my constancy , in adhering to bishops and to all our friends , and not forget to put a short period to this perpetuall parliament . and in his letter to the queen of the ninth of february , . there is this passage , be confident that i will never quit episcopacy , nor the sword . we did all hope , that the end of a treaty had been to settle a happy peace , a firm and a well-grounded peace ; but now we see by the kings letter , that his resolutions are , still to keep the sword in his own hands : we did all hope , that the end of a treaty was to settle church-government according to the protestation , the solemn vow and covenant which we have all taken ; but you see by the kings letter , that he avows it to the queen that he will never quit episcopacy . we did all hope , that the end of a treaty was rather to confirm the parliament then to dissolve it ; but the king sayes in his own letter , that he will not forget at this treaty , to put a short period to this perpetuall parliament . the last thing that i shall observe to you ( for you will have the rest observed to you by a better hand ) is concerning the kings disavowing this parliament to be the parliament of england ; we cannot have any greater assurance of any thing from the king , then of this present parliament ; there is no law stronger that gives any property to the subject , then the law is to continue this present parliament . this is so well known to the world , that kingdoms & states abroad acknowledge it ; and now for the king to disavow it , after it is confirmed and continued by act of parliament after the king hath so lately acknowledged it , now so suddenly to disavow it , how can we be more confident of any assurance or act from his majesty ? there be many things more observable in these letters , but i shall leave them to those worthy gentlemen that come after me . mr. tate his speech . the letters are so full , that i shall rather be your remembrancer of what you have heard in them , then give you any observations upon them . i shall present before you a very sad spectacle , the whole kingdom of ireland bleeding , a kingdom all in peace without any thoughts of war , without any thoughts of arms ; and of a sudden , a popish party rising up , laying hold upon all the forts , seizing all the lands , and all the goods of the protestants in ireland ; and not content with that , when they had done , killing one hundred thousand of them , man , woman and childe : these rebels of ireland that had thus inhumanely murthered so many protestants ; ( here is the sadnesse ) now the favourites of the king , and those subjects that the king did professe to maintain , in maintaining arms against those rebels ; we that by acts of parliament of the kings own grant , had the irish rebels lands and territories granted to us to maintain a war against them ; now because we maintain that war , we are rebels and traytors ; and the irish rebels because that they stand against you , they shall be freed from all penall laws , they shall have any thing that they desire , nothing is too dear for them , any laws may be altered for their sakes ; but when the protestants come to desire an alteration of law for the advancement of the protestant religion , and for the settlement of the protestants , nothing can be granted to them by a protestant king , but every thing to the irish : i shall say but a word more , and pray consider of it ; the condition why all this is granted to the irish , and denied to you , it is only this , that the irish may come over into england to cut your throats , as they cut the throats of all the irish protestants in ireland ; this is the cause for which they are encouraged to come hither , if there be such a reward for treachery , if there be such a fruit of the protestations of the king , what can we expect . all i have to say , is , you see you must stand to your armes , and defend your selves ; for there is no hopes for you , unlesse you can submit your necks to the queen , and be transformed into irish rebels and papists : i know not how you can obtain any favour at court , especially having such a mediator , as you have a parliament that is so hated by this king , as long as that mediates for you , you shall have nothing , but if you can have a popish catholique queen to sollicite in your behalf , you shall have any thing : i know you are too much englishmen and protestants to submit to such base conditions ; therefore lay aside all divisions , and unite your selves in this cause , that you may be masters of the popish party , that otherwise will kill you all . mr browne his speech . my lord mayor and you worthy citizens of the city of london , i shall not trouble you to repeat any of the letters that you have heard read , i doubt not but you that heard them do remember most of them , only this i will say to you ; that for my part i know not whether we have more cause of joy or sorrow , for this which this day you have heard . cause i know we have to be sorrowfull , that things are so ill with us as they are ▪ and i am sure we have cause to rejoyce , that things are now discovered and brought to light , that have been so long hid in darknesse . this day is a day of discovery ; heretofore those that spak those things that you have herad this day manifested unto you ; were accounted the malignant partee , they were termed rebels , they were suspitious jealous people without cause ; the lords and commons in parliament , they have heretofore declared their fears of the things that you see now proved : answers have been given to those fears with slights and scornes . things are this day discovered to you that were enjoyned to be kept secret by the strongest engagements ; the goodnesse of god giving successe to our armie hath brought these things to light . before his majesty departed from the parliament , the lords and commons by a petition to him , did present unto him their fears , occasioned by the favouring of ●●●●sants ; their fears that he would bring in forraign forces ▪ that he would change and alter the laws , they gave him their reasons for all ▪ but he was pleased to give his answer with denying all , as they affirmed all : for that of forraign forces , because he gave a punctuall answer to that ▪ i will tell you what it was : when they told him that they were informed that the popes nuncio did deal with the french and spanish kings , to send to him . men a peece , the king did answer to them : that it was improbable in it selfe , and scandalous to him , for which he desired reparation at their hands . and at another time he answers that very point concerning forraign forces positively , and saith : no sober nor honest man can beleeve that we are so desperate or so sencelesse ( they are his very words ) to entertain such a designe , as to bring in forraigne forces , which would not onely bury this our kingdome in distraction and ruine ▪ but our owne name and posterity in perpetuall scorne and infamy . you have heard what hath been said for that , you have heard his own letters , how he deals with the queen , and how pressing he is with her to bring into this kingdome the duke of lorraigne with his army ▪ the duke of lorraigne you know is a catholike popish ▪ forraigne prince : so you see how much he is altered from what he thought then , and how his endeavours are now , that both honest men and sober men may beleeve that hee would do it ▪ because he writes to her with such earnestnesse , to pray her to do it for him ▪ for their fears of his making war against the parliament ▪ of his alteration of religion and laws ▪ 〈◊〉 hath heretofore in his printed declaration , expressed these words : we do again , in the presence of almighty making war against the parliament , then against our own children , that we will maintain and observe the asts assented to by vs this parliament , without violation ; and that we have not , nor shall not have , any thought of using of any force , unlesse we shall be driven to it for the security of our ▪ person , and for the defence of the religion , laws , and liberties of the kingdome , and the just rights and priviledges of parliament . and in another of his printed declarations he hath said : god so deal with me and mine , as my thoughts and intentions are upright for the the maintenance of the true protes●ant religion , and for observation and preservation of the laws of the land . and in another declaration , he saith , that he is resolved not onely duely to observe the laws himselfe , but to maintain them , against what opposition soever , though with the hazard of his being . and in his declaration concerning his resolution to go into ireland , which is also printed , he calls god to witnesse , the sincerity of his professions there made , with this assurance ; that his majesty will never consent , upon what pretence soever , to a toleration of the popish profession there ; or the abolition of the laws now in force against popish recusants in that kingdome . what could his majesty have said more to satisfie his people . now compare his actions with his declarations , and compare his letters to the queen , with his promise and protestations to the parliament , and you will say quantum mutatus , how much is his majesty changed . all that we have heard read , we may divide into three parts . the first concernes the letters , propositions , and transactions , concerning ireland . the second , the letters from the queen to the king . the third ▪ letters from the king to the queene . concerning ireland , you have heard the propositions made , to the queen , for fending into this kingdome diverse irish rebels , under the command of two professed papists ▪ . of them were to be under the command of the lord glamorgan , the earl of worcesters eldest son , the other of . under the command of colonell fitz williams : the terms that they were to come upon , were read to you in the propositions , which themselves sent to the queen ▪ you will not think that these came to maintain the laws , but to destroy them , not to maintain the protestant religion , but to overthrow it , these propositions being sent to the queene ▪ and allowed by her and she sent them to the king . for the letters concerning ireland they were written by the king to the earl of ormond , who is now governourthere : in some of them letters , the king gives way to the suspending of poynings law , i which was an act of parliament , in the . year of henry the . it was called poynings lavv , because sir edvvard poynings vvas governour of ireland , vvhen that lavv vvas made ; that lavv made all statutes that vvere before made in england , of force in ireland ; and the king may as vvell suspend all the lavvs there , as that lavv ; by that lavv of poynings , all lavvs that vvere after to be presented at the parliament in ireland , must be first sent hither for approbatition , before they could be presented to the parliament there ▪ and no parliament must be called there before the causes of calling the parliament , and the acts to be passed in that parliament , are first sent hither and approved but that lavv novv must be suspended . further , in the letters to the lord of ormond you see the king doth not count it a hard bargain , for to make a lavv in ireland to suspend or to take avvay the penall lavvs , against papists there , so that they vvill help him here , against his protestant subjects : when this promise was made the declaration was not remembred , wherein the king doth declare , that upon no pretence whatsoever , he will tollerate the popish profession in ireland , or abolish the laws against popish recusants now in force there . he further saith in another letter to my lord of ormond , that rather then he will fail of making a peace or a cessation with the rebells , he would have him ingage himselfe to joyn with the rebels against the scots , and the lord inchequin , which is the main visible protestant forces , that are in ireland : all this is enjoyned to be kept secret , from all but two or three of the chiefest rebels in ireland , whom you heard named in the letters : you may further observe , that a peace was treated of with the rebels about the same time that the king did treat with the parliament here concerning ireland ; and the king wished a quick dispatch of the peace there , least if hee should make a peace here first , he could not shew such favours to the irish as he intended ; they are the words of his letter . you may see by all the letters to my lord of ormond , that the king did little stick at any thing to grant to the rebels , for a peace with them , but how little he granted to the parliament of england , at the last treaty , i hope all the world will soon know . the next are the queens letters to the king ; in them you may see her unwearied indeavours by sea and land to raise forces against the parliament to destroy it , you see she marcheth in the head of an army , and calls her self the generalissima ; you may see further in her letters , the great interest she hath in the kings counsels , no office or place can be disposed of without her , you may see by her letters , her advice concerning peace , in making peace , she adviseth the king not to abandon those that have served him , for fear they forsake him in his need ; she expresseth whom she meaneth , the bishops and the poor catholiques ; she adviseth the king for the honour of god , that he trust not himself in our hands ; if he go to london before the parliament is ended , she tels him he is undone ; you may see by her letters , how active she is with the duke of lorraine for sending over ten thousand men , you may see her advice concerning this parliament ; she saith , that perpetuall parliament must be disbanded , the rest she saith will follow , if the king conclude a peace without that , she will into france she saith , i am sure you cannot forget these passages . in the kings letters to the queen you may observe these following particulars . first ▪ his apology to her , for calling us a parliament at the last treaty , it seems she was offended at it , and you may see by his letters with what difficulty he did it , for he saith , that if but two more had joyned with him in opinion to the contrary , he would never have done it , yet he hath told us , he will keep all the acts of this parliament inviolable : how these can stand together , let all men judge ; he hath told us that he will maintain the laws , and observe them himself , yet you see he lay the blood of that kingdom that is shed in these wars , upon the shedding of the innocent blood ( as he cals it ) of my lord of strafford , yet my lord of strafford was condemned by himself , and by the law , that he saith he will maintain . you see how pressing he is to the queen to procure aide from the duke of lorraine , upon hopes of his coming he is very glad , and saith , the prince of orange shall help to transport his souldiers : compare this with his former declarations concerning forraign forces ▪ it needs no aggravation , we have all of us more cause to pray for him . for his maintaining the laws , you may observe in a letter dated in march last to the queen , there is this passage . i give thee leave to promise in my name , to all that thou thinkest fit , that i will take away all the penall laws against the roman catholiques in england , as soon as god shall enable me to do it , so as i may by their means have such assistance , as may deserve so great a favour and enable me to do it . to this promise of his , he enjoynes much secresie , which he had need to do , being so contrary to former declarations , and protestations . if this be done , he may as well alter and take away all our laws , both for property and liberty ; these laws against papists are of as much force ▪ and binde as much as any laws whatsoever : upon all these letters and passages together you may observe the great designe , to put an end to this parliament , although it cannot be done without the consent of the lords and commons in parliament , and the kings joyning with them . you see another design is , to take away all laws against recusants , and that must be when the king is able to do it , as he saith , and that cannot be without force ; you see , to enable himself to do these things , he invites in forraign forces , you see he deals with papists & protestants , and all to assist him against the parliament : you see in those letters , what priviledges and immunities are promised to papists , and nothing at all to his protestant subjects ; you see the great trust he reposeth in the queen , to make a bargain for him , although it concern religion , which is the strongest point of confidence he can expresse to her ; i need not repeat the words : you cannot but observe the reward that he bestows upon them that contrary to their trust reposed in them by the kingdom have disserted the parliament : he tels the queen he is free from the place of base mutinous motions in his mungrell parliament there ; let the like reward befall all such as shall betray their trust reposed in them by the kingdom ; you may see whom you have cause to thank , for the seizing of your goods in france , you heard it read , upon the score of whose kindnesse it was set . lastly , you may see by the letters , if a peace be had , what a one it shall be , it shall be such a one as shall invite the queen to return . the treaty for it shall be according to the instructions given to the commissioners , which upon the kings word , are according to the little note the queen so well remembers : in making peace the king assures her , he will be constant in adhering to the bishops , & all his friends , those whom the queen cals in her letter , the poor roman catholiques . lastly ▪ in making peace , he will not forget to put an end to this parliament ; but some will say , what 's all this to us ? yes , it much concerns us all , that we may pray for , and pitty our king , and to learn us to look to our selves . you see by their letters the way they hope to bring about all their designes , they say it is by our divisions among our selves , they say the city is divided in it self , they say the houses of parliament are divided among themselves , and they say , they are divided one with another , they say , one part goes one way , and another part goes another way ; i hope , that which appears by these letters , will make us all go the same way for the maintenance of this cause . these letters that ye have heard read , are beyond all exceptions ; the kings letters all of his own hand , and in many places corrected by himself . the letters to the earl of ormond are all his own hand ; there are divers other letters besides them , now read , which were taken at the fight , all of them together , with these read , are deposited into an indifferent place , that any one that will may see them . by what you have heard read , you see the unwearied indeavors of your enemies to destroy you , they are diligent , let us be vigilant in prosecuting this cause we have undertaken , that we may have a happy end of these unhappy differences ; do you of the city agree among your selves in the prosecuting of this cause , though you may differ in private opinion in other things ; i hope and pray that both houses of parliament m●y ever agree in the maintenance of this cause , which i doubt not but they will as they do : let us all go on together , hand in hand together , in the maintenance of this cause , according to our protestation ; we cannot do it without unity among our selves ; if we have division among our selves , we undo our selves , and hazard the cause ; if we in the parliaments quarters agree among our selves , i hope we shall be invincible ▪ i will conclude with this sentence , si fueritis inseperabiles , eritis insuperabiles , if we be inseparable and undivided , we shall be invincible : let us all do our duties faithfully , and leave the issue to god . finis . to the parliament of the common-wealth of england, scotland and ireland. the humble petition of nathaniel iones of bridgewater, in the county of sommerset, clerk. jones, nathaniel, of bridgewater. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the parliament of the common-wealth of england, scotland and ireland. the humble petition of nathaniel iones of bridgewater, in the county of sommerset, clerk. jones, nathaniel, of bridgewater. sheet ([ ] p.) s.n., [london : ] imprint from wing. protesting against the illegality of the sequestration of his estates. annotation on thomason copy: "septemb: ". reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . attachment and garnishment -- england -- early works to . somerset (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no to the parliament of the common-wealth of england, scotland and ireland. the humble petition of nathaniel iones of bridgewater, in the count jones, nathaniel, of bridgewater. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the parliament of the common-wealth of england , scotland and ireland . the humble petition of nathaniel iones of bridgewater , in the county of sommerset clerk . sheweth , that your petitioner was most illegally sequestred in the year , . without any charge of delinquency , or the least testimony against him . that your petitioner appealed to haberdashers hall for relief , but they being not impowred to give any in such cases , your petitioners name was inserted into the act of parliament for sale , bearing date the . of nov. . whereby he was forced to prosecute his complaints before the honourable committee for petitions , in the last parliament , who sent severall orders to the committee of the county of sommerset , commanding them to certifie how your petitioners case stood , and the grounds of his sequestration . that the committee of sommerset accordingly certified , that you petitioner was clear from any matter of fact against the state , and was onely sequestred as a scandalous minister , not as a delinquent , there being never any such charge against him ; whereupon the committee of petitions ordered your petitioners case to be reported to the parliament for his relief ; but they dissolving before his case was reported , your petitioner petitioned his highness for relief , who granted your petitioner a reference to the commissioners of haberdashers hall , for them to certifie the grounds of your petitioners sequestration ; and they have likewise certified , that your petitioner had never any delinquency charged upon record against him ; but this present parliament soon after assembling , his highness pleasure was not known thereupon . in tender consideration of the premises , and for that your petitioner never committed the least act of delinquency against the state ; nevertheless hath been deprived , not onely of his spiritual estate , and his own temporal means sold from him , but had lately a copyhold estate , held onely by the life of his wife , sequestred and sold also , to the utter ruin of your poor petitioner , his wife and family . your petitioner most humbly beseecheth this high and honourable court to do him justice , and restore unto him his temporal estate , so unjustly sold and detained from him ; and the lord will not only bless your immediate proceedings , but you will highly engage the oppressed soul of your petitioner to bless the lord also on your behalf . and be bound for ever to pray , &c. nathaniel iones . septemb : a catalogue of the names of this present parliament, interrupted april . . whereof those that do not yet sit, are marked thus, *. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a catalogue of the names of this present parliament, interrupted april . . whereof those that do not yet sit, are marked thus, *. england and wales. parliament. sheet ([ ] p.) printed by d. maxwell, london : . annotation on thomason copy: "june. ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a catalogue of the names of this present parliament, interrupted april . . whereof those that do not yet sit, are marked thus, *. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a catalogue of the names of this present parliament , interrupted april . . whereof those that do not yet sit , are marked thus , * . vvilliam lenthall speaker earl of salisbury philip earl of pembroke philip lord viscount lisle william lord monson oliver st. john , lord chief justice john wild , lord chief baron lord commiss john lisle lord commiss. bulstrode whitlock . lieutenant generall fleetwood lieutenant generall ludlow major generall skippon sir arthur haslerig sir henry vane sir thomas wroth sir thomas walsingham sir henry mildmay * sir michael livesey sir robert goodwin sir john trevor sir william brereton sir thomas widdrington sir richard lucy * sir francis russel sir john lenthall sir william strickland * sir john bourchier sir gilbert pickering * sir peter wentworth sir james harington edm. prideaux atturn . gen. roger hill , serjeant at law erasmus earle , serjeant at law esquires john jones * james challoner * john moyle tho. crompton * christopher martin henry smith * miles corbet mich. oldsworth carew raleigh * edw. howard * john gurdon john fielder thomas atkin john hutchinson * edmund dunch tho. pury , sen . tho challoner william leman edmund harvey henry martin benjamin weston will . heveningham john barker george thompson luke robinson * gilbert millington augustine garland henry nevil robert andrew thomas lister peter brook john trenchard daniel blagrave nath rich nicholas gould algernon sydney john lowry william say edward nevill * john wastel henry darley * francis lassels william purefoy nich. letchmere john dormer william cawley john nut rich. ingoldsby cornelius holland edmund wilde john corbet james ash john goodwin simon meyne tho. scot george fleetwood tho. pury , jun. esquires william eyre tho. boone edmund west robert reynolds william white * rich. darley * john carew augustine skinner john dove thomas birch nich. love philip smith valentine wauton * alex. popham robert cecill isaac pennington john fagg william hay nath. hallowes thomas wayte * henry arthington walter strickland john pyne * tho. mackworth gervas pigot francis thorp robert bennet robert nicholas * rich norton * john stevens peter temple james temple john weaver richard salwey herbert morley james nelthorp robert brewster john dixwell * tho. harrison john downs * iohn anlaby * tho. wogan brampton gurdon robert wallop william sydenham iohn bingham philip iones iohn palmer william ellis . london , printed by d. maxwell , . by the king a proclamation for remouing the receipt of his maiesties exchequer from westminster to richmond. england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation for remouing the receipt of his maiesties exchequer from westminster to richmond. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.). by i.l. and w.t. for bonham norton and iohn bill, printers to the kings most excellent maiestie, printed at oxford : . line of text ends "conside-". "giuen at the court at ricot the one and thirtieth day of iulie, in the first yeare of his maiesties raigne of great brittaine, france and ireland." reproduction of original in: harvard university. library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- exchequer. plague -- england -- early works to . great britain -- history -- charles i, - . great britain -- politics and government -- - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king . a proclamation for remouing the receipt of his maiesties exchequer from westminster to richmond . the kings most excellent maiestie taking into his princely consideration the great and dangerous increase of the plague in and about the citty of westminster , where his maiesties receit of exchequer hath beene hitherto kept , and willing as much as is possible to prevent the further danger , which might ensue as well to his owne officers , which are necessarily to attend the same receit , as to other his louing subiects who shall haue occasion either for receit , or payment of monies to repaire thither : hath therefore taken order for the present remoue of the receit of his said exchequer from thence to his maiesties house at richmond in the countie of surrey : and hath thought fit by this his proclamation to publish the same , to the ende , that all persons whom the same may concerne , may take notice whither to repaire vpon all occasions concerning the bringing in , or issuing of his maiesties treasure at the receit of his exchequer . willing and requiring all sheriffes , bailiffes , collectors , and all other officers , accomptants , and persons whatsoeuer , who are to pay in any monies into the said receit of his maiesties exchequer , or otherwise to attend the same , to keepe their daies and times at richmond aforesaid , and there to doe , pay , and performe in all things as they should , or ought to haue done at westminster , if the said receit of exchequer had continued there . and this to bee done and obserued vntill his maiestie shall publish and declare his further pleasure to the contrary . given at the court at ricot the one and thirtieth day of iulie in the first yeare of his maiesties raigne of great brittaine , france , and ireland . god saue the king. printed at oxford by i. l. and w.t. for bonham norton and iohn bill , printers to the kings most excellent maiestie . . the regall apology, or, the declaration of the commons, feb. , , canvassed wherein every objection and their whole charge against his majesty is cleared, and for the most part, retorted. bate, george, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the regall apology, or, the declaration of the commons, feb. , , canvassed wherein every objection and their whole charge against his majesty is cleared, and for the most part, retorted. bate, george, - . [ ], p. s.n.], [london : . written by george bate. cf. halkett & laing ( nd ed.). place of publication from wing. reproduction of original in newberry library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- i, -- king of england, - . england and wales. -- parliament. -- house of commons. -- declaration of the commons of england in parliament assembled expressing their reasons and grounds of passing the late resolutions touching no farther address or application to be made to the king. great britain -- history -- civil war, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the regall apology : or , the declaration of the commons , feb. . . canvassed . wherein every objection , and their whole charge against his majesty is cleared , and for the most part , retorted . eccles . . . curse not the king , no not in thy thought . hosea . , . for now they shall say , we have no king , because we feared not the lord , what then should a king do to us ? they have spoken words , swearing falsly , in making a covenant . prov. . . for the iniquity of a land , many are the princes thereof . printed in the yeare , . the preface . this hath been an accusative age in england ; and the prince of darknesse was never more imitated by us in that epither , notwithstanding our new lights . yet for the most part , our accusations have been but like the crackling of thornes under a pot : and our accusers like the mountaines , which swelled into that bulke , as it summon'd the expectation of the world , and were delivered of a poore mouse . you cannot name us many charges which either have not been quite withdrawn , or sunk into a lower streame . pray what delinquent ( as they terme them ) abate us but the tragedie of strafford and canterbury , with the hothams , and a very few more who fell in a fit of justice , and were sacrificed to revenge and passion ) hath been brought to a period commensurate to his charge ? how did the impeachment of the judges eccho through the kingdome ? yet some of the chief were not only permitted to sit on those chaires , which it was pretended they d●d prostitute , but offer'd preferment also . what a terrible mouth was opened upon the twelve protesting bishops ? yet the turn being serv'd , and the votes against their whole order passed in the house , they were not onely acquitted of their charge , but also dismiss'd from custody . how high ran the tyde once against the monopolists ? what ease from other burdens did not the people believe they should have , by the squeezing of those swolne spunges ? yet who among them hath received the measure of his desert ? nay , which of them , that would nimbly dance after the pipe of his great accusers , hath not been even hugg'd in their bosome , protected from the lawfull attempts of injur'd and oppressed subjects ? what haranges have been made against evill counsellors ? how was the kingdome born in hand , with hopes of some exemplary punishment upon , or some severe admonition at the least unto them ? and yet name but one single privy-counsellor ever questioned for ill advice formerly given to the king. of late , what a charge was entred against the . members , some of them persons of eminent integrity and merit , the pillars of their respective houses ? yet we hope well in their behalf . it will not stand with the justice of a parliament , to install one ( the earle of pembroke ) again upon the bench , and make him their judge , when his hand was to all the warrants for leavy's , and bring them to the bar , condemn them for traytors , who signed but onely one ; whose fault was in comparison but looking over the hedge , while the other stole the horse . what hath been said against the late lord maior , and the aldermen , stars of the first magnitude in their orbe , whose influences have strongly contributed unto the prosperity of the parliament's cause ? yet we despair not , but that they also may be dismiss'd , if they would but fairly sit downe themselves . for we are not ignorant of the under-hand offers , which have been made them , and the devices which have been in agitation , to come off with them handsomly . and it is a good omen that alderman culham ( whose guilt if it were any , was greater then any of his brethrens ) is discharged upon his humble submission . these are instances enough to prove what i proposed ; and both sufficient to convince any judgement : that it was not publique justice , nor reliefe of the kingdomes grievances which were the springs of these actions ; but sinister and private designes of their owne : something like that of absalom , oh that i were made judge ( or rather tyrant ) in the land , that every man which hath a suit or a cause might come unto me , and i would doe him justice . but all these former proceedings are but rude essays , in comparison of this last grand accusative declaration against the king , which we are asham'd of already , and after-ages will condemne as the top of malicious villany , and an unspeakable scandall to our religion . and , that which boils up the iniquity to the height , the king is debarr'd the priviledge of his meanest subject , of the greatest malefactor , which is , to plead for himselfe , and to wipe off these black aspersions , whereby his honour is so deeply wounded : nay to heare , or know his accusation . let me therefore be pardon'd the presumption , if in this case the unworthiest of millions of his people i become an advocate for my oppressed soveraigne ; and with a few sparkes which i shall strike ( as neere as is possible ) from the rock of truth , afford some evidence of his innocencie , untill the searcher of all truth shall bring forth his righteousnesse as the light , and his judgement as the noone day . the method of the apology . in my discourse upon this argument , i shall proceed this way . . i shall premise somewhat , which may serve for a discovery of the grounds and designs of the declaration . . i shall give some generall answers to the declaration in grosse . . a distinct particular answer to each article or part thereof . in which last part i shall speak to the title first , the votes after , then to the particular charges , as they are reducible to certain heads . the first , of what the king is pretended to have committed in relation to this kingdome of england . the second , to what he did in relation to forraigne estates . to the first , i shall reduce all which were done . before his reigne , untill he wore the crowne . . from his coronation untill this rupture between his majesty and the parliament , whether they relate more immediately to his owne person , or to his officers and ministers as the privie-councel men , his councel at law , and servants : or to his courts of justice . . all passages since the rupture . to the second head or classis , i shall reduce whatsoever is objected concerning . scotland , . ireland , . the protestants in rochel , and all france . in which if any particular relate to more heads then one , we shall ( to avoid repetion treat upon it , under that which it is most proper unto . in the discourse i shall first repeat the charge , then give an answer , and where it is their owne doing , lay the charge before their owne doores . the ground and designe of the declaration , discovered . it is well knowne to all the world , that from the beginning of our war ( to trace the pedigree of them no higher ) there have been two main parties in the parliament ( to omit their sub-divisions ) commonly distinguished by the names of presbyterians and independents ; who , though in the generall they concurr'd in beating down the power of the king , yet had severall and indeed irreconcileable designes therein unto themselves . nor can it be doubted , that the supream sole power and authority was the apple of contention , as well between them now thus divided , as formerly between the king , and them conjoyned ; what gawdy colours soever are cast over , and specious pretences made to stalke before it . truth is , this is the generall ground of most quarrels ; every man inheriting that ambitious humour of our first common parents , even from the disciples in their poverty ( who were projecting for the right-hand and for the left , and in a kingdome too ) unto the greatest states-men . nay , a wise gentleman of our age observ'd it to be the itch , even of kitchin-boyes , who should be the greatest . now the independents ( though inconsiderable at the first , even to contempt , being not above six among fourscore in the assembly , nor double that number visible in both houses ) have plaid their cards so well , and follow'd their businesse so close , that they have got the purse of the kingdom at their command , the whole strength of it at their devotion , and now grasp at the authority also , and seek to establish their iniquity by a law. but by what steps and degrees they have climb'd thus high , is very difficult to discover exactly ; the foundation being laid deep under ground , and carried up with as much art , as ever building of that nature was ; nor is it much materiall . the greatest and onely unquestionable authority of this kingdome is of the king and his two houses of parliament ; to this their ambition did aspire . but having strugled in vain in the houses for a good while , they found the wind to sit too strong in their faces there , and an impossibility for them to begin that way , as the temper of the houses stood . if the king were but in their hands , being stript of all strength , and in some desperate apprehension of himself , then their hopes would handsomely smile upon them . in order to this therefore a quarrell is pickt with the parliament , the king's person seized on , and soon after the parliament is most shamefully despised , abused , disgraced , made to double at pleasure , to eat up their owne ordinances and decrees , perfectly over-awed and even trampled on . so farre , that one of their owne members in the house openly told them , that he could not call them a house of parliament , but a company of gentlemen met together to fulfill the iust of an army . yet were they so wise , and commenced their quarrell so cunningly , as that they might keep two strings to their bow ; and as the beast , which hath two holes to his den , can stop or open either , as the weather sits : even so were their proposals and declarations contrived and sent abroad , that by changing or interpreting one word , they might comply with the king to destroy the parliament , if they should find themselves unable to mould it after their own humour ; or if once it were under their girdle , then afterward to bring the king to their bent , or lay him quite aside , and by binding his hands to establish the whole power and authority of the kingdome in their owne . and either of these cards they drew , as they had occasion , and convers'd with men of different interests . in the meane time , they handle the king with much civility , and shewes of indulgence , allowing him the service of his chaplains , and the free use of the liturgy , which was denyed him by the houses , bearing him in hand , that they preferr'd episcopacy before the presbyterian way ; and tickling him with ambiguous promises ; to mollifie his hard conceits toward them , or at least to harden him the more against the presbyterians , and make that breach wider . they had likewise the wit for to humour and stroak the royall party , by a thousand pretty devises and artifices , entertaining some of them in their bosomes , allowing them seats , even in their councels of war , carefully forbearing in their declarations to stigmatize them with that so familiar brand of malignancy , and filling them with hopes and expectations of i know not what great favours ; which they meant to perform , when two sundayes met together . thus having well divided the kings party from the presbyterians , they had then a smooth and easie way to victory . the city opens the gates ; the parliament trembles ; the chiefe leaders of both houses , either flie for 't , or withdraw for a while , and play least-in-sight . which was fore-seen when cromwell stole privately to newmarket from london , and asking whether they had the king in their hand ? being assured of that , told some of the officers , that then they had the parliament in their pockets . those who are of private spirits , and for their owne either safety or designes constantly swamme with the streame and tyde , began now to tack about , and to do journy-worke for the stronger side , and vote with the prevailing party , of which i will give but one instance by the way , and that is of colonell hervy , who three daies before would undertake to beate them three miles into the ground , but upon their admission into the city , was their first advocate . when the house was thus brought in a great measure to be at their devotion , the last rub in their alley was the king , he persisted in his obstinacy , and would not yeild up the bucklers into their hands , nor the power to protect his people . wherefore to bring his majesty under the more advantage , by insinuations both of danger to his person , and of an impossibility in them to save him from the agitators , ( whom yet they countenanced for that purpose ) and withall by secret promises of faire complyance , he is juggled into the isle of wight . after that bills are provided , with pretence of condescension , lest they should seeme to invade the throne per saltum ; but in very deed , such as would have stript him bare of all soveraignty , and of power to protect his subjects , and established themselves by a law , in an absolute domination and tyranny over us . the king not more for his owne interest and safety , then for the benefit of his subjects , refusing to comply with their desires herein , is immediately confined ; and that in such a manner , as it is hard to find a parallel . his wife , children , friends , servants , all the comforts of life kept from him , ( a course formerly pronounced barbarous and inhumane , even in a subjects case . ) by-and-by , the prodigious votes , forbidding all intercourse of letters to him or from him , under the penalty of high-treason , so cutting off all possibility of accommodation , were carryed in the house . last of all , to render him as black as was possible , and so utterly to alienate the affections of his people , this goodly declaration ( first set on foot in the army , and allowed the agitators to please themselves withall , so to divert them from more dangerous designes , as the chesse at the siege of troy to keep souldiers from mutiny ) is thought upon , and taken up by the grandees , lick'd into a better forme , so expos'd unto publick view ; that besides their aime therein against the king , they might somewhat stroake the levellers , by taking up their principles , in a recompence for devesting them of their power : and so pave their way as much as was possible to a perfect soveraignty for themselves . the regall apology . the generall answer to the declaration in grosse . . this declaration imports very little or nothing , but what hath been either by the parliament in their remonstrances , declarations and messages , or by their instruments and emissaries , inculcated ad ravim usque , and so often repeated , that they do even nauseate the reader . and surely it yeilds a shrewd suspition of penury of matter , when they are faine so often to take up the old , and to harp thus continually upon the same strings . . many of the charges are not of his owne faults , some being of the courts of justice , his judges and other ministers of state ; for some of which there hath been satisfaction given , either by a totall abolition of the judicature , as of the star-chamber , high commission , &c. or by abridgement of their jurisdiction , as of the privy counsell , or by exposing those instruments to the rigour of the law ; nay , to the very will of their mortall enemies , the parliament . it would go but hard with his accusers , if they would take upon themselves all the mis-carriages , all the cruelties and oppressions of their committes , or of their soldiers ; and yet have they many eyes to see , many eares to hear withall : nay , if they would owne but the personall faults of their own members , which would fill up many volumes , if all were set in array against them . if we will not admit of that old law-maxime , the king can do no wrong , nor be so court-like , as the persians , whose fashion it was to beat the cloaths onely of their young princes and noblemen , when they had committed an offence , me-thinks we might at least be so just , as to lay the saddle upon the right horse , and charge every man but with his owne crimes . . many of those against himselfe have been abundantly ( for to satisfie the people ) acknowledged , and amended ( offered to be so at least . ) with god almighty , confession goes for good satisfaction . and what patterne should we rather follow then that of our heavenly father ? be ye mercifull , as your heavenly father also is mercifull , mat. . even in the iudgment of a heathen man , repentance is above half way to innocence . and surely , when a king shall please to stoop so low to his own subjects , as upon their admonition to recall himself , and cry peccavi , his high place sets a higher price upon his repentance ; and he richly deserves to heare no more of his former over-sights . . the fowlest of these charges is not backt with any proof , but insinuated ; and that sometimes upon no manner of ground at all ( as that of the spanish fleet ) sometimes upon lamentable weak surmises , bare hear-say's , flying reports , perhaps started on purpose against such a time . but what ? is this iustice ? to a king ? to our own king ? by the mouth of two or three witnesses ( saith the word of god ) shall every word be established . not under two , ( saith the civil-law ) and those contemporary to the fact , not successive . indeed , by the law of this land , one single witness for the king is enough . but shall his honour bleed , his authority be snatch'd away , his very life struck at , upon suggestions from one , from none ? upon surmises and conjectures ? how miserable then , beyond compare , were the condition of a king ? how true was that saying of demetrius , that if men knew the thornes it was beset withall , they would not stoop to take up a crown , even from the channell . . notwithstanding all this , there is a strong presumption , that this is farced with whatsoever malice could prompt , or the wit of men and devils could contrive . consider the multitude in both houses , their severall relations and dependences , some of them being of the bed-chamber to the king. it is impossible , any fault could escape them , their eyes being more then those of argus for number , of lynceus for perspicacity ; ( nothing so quick-sighted as malice . ) againe , do but take a survey of the committee , entrusted with this affaire , lisle , martin , mildmay , challoner , &c. some of them covetous and cunning ; such as desired to keep the waters troubled still , that they might fish the better , for another master-ship of st. crosse's , or some such like advantage ; others of them , broken in their estates , and crackt in their credit , could wish the whole kingdome like themselves ; all of them of an anti-monarchicall spirit , whose hearts are brim-full of gall and venome against the crowne , and whose tongues drop continually with the poison of aspes against the person of the king. it was the boast of a french promoter , that he desired no other advantage to break any mans neck , then that he might be imployed in an office of state , but for a twelve moneth ; so hard he deemed it for such a one to execute his place free from exception , fo easie for those that stand on battlements and pinacles to catch a fall . and if the faults of kings ( as q. elizabeth was wont to say , who was much delighted in wearing of white ) were like spots in such garments , easily discovered , and though small in themselves , borrowed greatnesse of their great authors , iudge you , how it must fare with the king , when so many slie promoters , crafty lawyers , malicious enemies , doe joyntly set their wits on the tenter-hooks to find out matter of accusation , when they go nosing and smelling after faults ( and have done for seven years together ) throughout the spacious field of his whole reigne ; nay , of his private life too ; and pry into every nook , every corner for an imputation , whereby they may with some colour bespatter him , and lay his honour in the dust . . these articles were never presented to him , that he might make his defence ( a priviledge never yet denied any man , save by the parliament ) but thrust abroad into the world for to empoison the inconsiderate part of the people ( an everlasting objection against this sinister way of proceeding . ) many things at court appear but on the dark-side ; it were no wisdome to lay open the arcana imperii . the designe might be good , though attended with ill successe . things are not alwaies as they appeare ; some are worse , some are better ; and therefore the iudge of all forbids us to to judge after the appearance , that being no righteous judgement . how easie is it this way to blast and pervert both words and deeds of a true saints to make any speech , treason ; any action , villany ? . divers of their owne members , such as have gone hand in hand with them , and resigned up their judgments and understandings in a willing captivity to their sense , have fail'd them in this transaction . many of whom with-drew , during the debate ; and some doe cry shame upon 't ever since . we know more then one or two , who were tutoured at their first accesse unto the house , never to desert their party for right or wrong . we can tell of another , was woo'd into one side by this argument , thou wilt never be able to do thy country service , thy friend a courtesie , or stand upon thy own legs , otherwise . besides it is knowne now , that if the lord inchequin would have put his neck into such a collar , he had not sufferd under such accusations and reproaches , nor been exposed to those difficulties in ireland . . few or none of those objections and crimes , they asperse the king withall , but they are in a transcendent measure guilty of themselves . even among the jewes , not a man could be found to throw the first stone at an adultresse , because his conscience twitted him with his owne inward guilt . with what brasse have they fenced their browes against all shame ? what brawny seard consciences dwell within their breast , when they pelt a matchlesse prince with stones , being themselves such great strangers to innocence ? blush , ô england ! for these thy sons , whose impudence hath forgot all bounds . me-thinks , they should have swept before their own dores first , before they brought the beesome unto the court-gates ; pull'd out the beames out of their own eyes , which hindred them to see clearly , before they attempted to take the moates out of their soveraigne's eye . till this be done , we may not let loose our belief to their lowd criminations against our soveraigne lord ; nor need we doubt , upon the high warrant of the lord of lords , to call them hypocrites . . adde to all these , that these very men have made many promises , to render him a great and glorious king beyond all his royall predecessours , after most of these supposed crimes were committed . if their charity was then so large a mantle , as to cover such a multitude of sins , it can be nothing but their malice , that now proclaimes them upon the house-top . and we will take the confidence to presume , that if the king had gratify'd them in the matter of their four last modest bils , only praeambular to a personall treaty ( which , alas , contained nothing , but provision for their safety and security ) then had he now been rectus in curiâ , nor had the world been put to this astonishment in reading such a slanderous chronicle of his life . but now , that they finde him obstinately averse from parting with his crowne and protection of his people , ( for indeed their four bils amounted to little lesse ) out shall all come in one heap , and his nakednesse ( if any ) must be discovered in sight of the sun . but from the generall answer , let us descend unto an examination of every particular branch apart , and first a word or two of the title . the title of the declaration considered . it is christned a declaration ; where observe the deviation of this manner of proceeding from the rule in the gospel ; which enjoynes in case of trespasse against a brother , first a private admonition ; then , if that worke no good effect , before two or three witnesses ; and if neither will serve the turne ; if the delinquent addes obstinacy to his trespasse , then , not till then , dic ecclesiae , declare it to the church . now this rule i take to reach to civill affaires , and to be a direction for private men in their reciprocall behaviour . the scripture holds forth stricter precepts in reference to the king , thou shalt not speake evil of the ruler of thy people , ( no not upon any provocation ) and is it fit to say to a king , thou art wicked ? and again , curse not the king , no not in thy thought . eccles . . it was onely the ungracious son , that made sport with his fathers nakednesse ; for which even his posterity were pronounced heires of his malediction . if they would needs rake in the shame of their soveraigne , how much better had it been for them to have taken the counsell given them by one of their own members , to send it to the king himselfe , because he knowes best , whether these things are true or no , i am sure some of our proofs are short . this course might have raised in him an opinion of the tendernesse of his commons toward his honour , and in case he were not innocent , wrought some conviction upon his spirit . but since they have stopped their ears to his wholsome advice , and chosen the way of unrighteousnesse , every good man will looke upon it , as a defamation , rather then a declaration . or if it must be a declaration , then 't is of themselves , of what lay before in the closet of their evill hearts , treasured up against a convenient season ; a declaration of their deep distaste against the crowne , their old malice against the kings person , their itching desire of domination , their low conceit of this great and wise people , to be fobb'd with paper , and fool'd with reasons of straw ; and that too , after the long and frequent experience of so many forged plots and cheates . . consider we the authors , on whom it is father'd , the commons of england . so then , . it is considered , this was not passed by the lords . the calling of their concurrence was decry'd , because they had some noble blood in their veines , to make them startle and hang off for a while , ( though they must submit at last . ) and perhaps , some of them having lived in a sphear nearer to his majesty , might be too well acquainted with his innocence in many things , and so by discovery of truth in the debate , bring less credit upon the whole exploit . . not of all the commons , bate me an ace there . it is notoriously known , that between and of the ablest men , who for the most part were likely to oppose this violence , were purposely sent out of london , to raise the ninemonethes assesment from the respective countries , so to ease them of free-quarter , ( where , we will note by the way , there was a double aime . . to have the advantage of their absence , in relation to this course against the king. . to draw an odium upon them from their countries ; whiles that , either the condition , upon which the money was invited out of their hands ▪ should not be performed ; or another tax ( as indeed there is one already of six moneths ) made the requitall of their forward discharge of the first sums . ) it is true , some of them were returned , but few or none present in the house . . not of all those commons , who were not so sent abroad , for upon the division , there were on the one side , and on the other . . it was at eight in the night , a worke of double darkenesse ▪ not daring to looke the sun in the face . it was huddl'd up ; when divers , that had their lodgings in the remoter parts of the city , or without it , divers that were infirme , or aged , or lazy , or hungry , or tir'd , or fearfull , all that tooke care to avoid the throw of the dye between the envy and evileye of a prevailing faction and their own consciences had retired : the house so thin , that a motion was made by a grave patriot , that it , being a busines of very great concernment unto the kingdome , might undergo the fullest debate , be re committed , that a full house might be called , and then all referr'd unto the wisdome thereof . where by the way , let me put them in mind , that the best-govern'd states in christendome , even such to which they pretend to modell themselves , venice , holland , &c. ( indeed , where is it not so , abroad ? ) nothing of consequence is concluded , but wherein two thirds of the suffrages do concur . in our kingdom , how oft hath a voice , or two , an inconsiderable overplus , carried a busines , even to our undoing ? let me mind them of one thing more , that there they have boxes , by which means their votes are secret , and their consciences under no awe of an imperious faction , under no danger of question for having dissented , of being poasted , or expos'd to the rage of porters , as ours are , and have been . even among that number , if you deduct such as were crackt-courtiers enraged by former dis-respects , or having judas-like betraied their master , cannot be secured but by his ruine ; such as were broken citizens , ven , penington , hervy , &c. that had in their eye to heale the wounds of their ruinous estates ; such as were low-fortun'd soldiers , driving at the continuance of their trade , by laying the grounds of new contestations ; such as sail'd by the compasse of their leaders , following the herd they were sorted to , by a blind faith , and through pure simplicity ; such as were committee-men , obnoxious , and in danger to be question'd for accounts , so willing to shut the dore fast against that storme ; & lastly , such as were devoted unto journy-work , in expectation of a boone , or to be reciprocally gratified in some other kind ; deduct ( i say ) all these , and you will have a poore company , perhaps no more , then sometimes have serv'd in the house of lords to passe matters of high consequence , the speaker and one or two more . let the whole world now judge , whether this deserves to beare that high stamp and character , as an act of the commons of england assembled in parliament . of the votes , and how they were passed in the house of commons . because the votes lead the file , and are made the occasions of the declaration , it is fit they should come to the test ; and i shall shew you , how they passed . . fifty or sixty ( as i said afore ) of the most active intelligent members , suspected to be cros-grain'd to that way , were sent abroad under colour of the publick service . . the head-quarters were appointed to draw towards london ; and the soldiers from other parts , to startle the securer members , and affright the weaker and obnoxious . . at the debate , the first vote was begun withall , which had some shew of reason in it ; cunningly enough ; that when the dissenting party had champed upon that awhile , they might perhaps yeild unto it , and then retire ; while the other three votes were dispatched in their absence . . to evince these votes , there wanted not argumenta bacillina , insinuations of force and compulsion ( a common practice there in all debates of consequence ) made by crumwell especially , who represented it more then once , how dis-tastfull it might be to the army , if not consented to . and upon the division , crumwell addressed himself to ceely , whom he had not spoken to in in many moneths before , and gave him thanks ; whose answer was , that though he was of his mind in that point , yet was it not upon his argument . and thus the votes were carried in the house of commons . the votes how passed in the house of lords . there was never much difficulty made of the maddest votes to passe the house of lords , if the commons pleased to switch or spur them up : yet here they were not willing to trust their good natures altogether . first , a message of thanks is sent from the army by a glittering committee of six colonels , to the house of commons , with a promise to live & die with them in defence thereof ( a fure sign , where the bird was first brooded , and from whence it came to the house of commons . ) a message with two faces , one looking to what was already done by the commons , the other ( which was the chief ) to what was expected from the lords , and afterward from the rest of the kingdome , to which it was meant as a preparation . secondly , addresse was made in particular to every one of the lords , by these champions of the votes , the colonels ; much courtship shewed ; many promises made ; all of them dealt with , according to their severall temper and disposition . the fiery spirits stoop'd unto and ply'd with gentle fomentations ; the wel-affected encourag'd ; with some implicit menaces unto the tame spirits ; a strong motive to bring the lords over to a complyance with the commons , when they entreat , that can enforce it , if it be denied . thirdly , a publick printed engagement , to maintain the honour of the house of peers is tendred . for they foreseeing the inference would unavoidably be made , that if the crown were trampled on , peerage could not look for any long date , did wisely enough by this printed little piece of rhetorick , apply themselves to invalidate that piece of logick , and so to satisfie the scruples of the lords before hand . fourthly , while the lords made some demur , and as yet the scale stood even , high words passed in the house of commons , to this effect , that as they had saved the kingdome without the lords , so could they settle it without them ; and more to that purpose . fiftly , to make sure work under pretence of a guard to the houses , a rod is brought over their heads , of a regiment of foot to white-hall , and another of horse to the mewes . this , this struck the businesse dead . the lords are convinc'd by such arguments , and so concur . the iniquity of the votes in their substance . i need not spend much time on this argument ; it seems , the kingdome is convinced hereof already : for neither the example of the army ( who made haste to present a gratulatory acknowledgement unto the house for these votes ) nor the policy of the committee-men , justices , ( men according to their own tooth , chosen to adjutate for the two houses , more then for their country's service ) with other engineers and emissary's , nor yet the force of their souldiery , dispersed through the kingdome , hath been sufficient to awe them or entice them into such a noose , as to make any demonstration of their concurrence in judgement , or of engagement with them in the defence thereof ; except the poore towne of taunton , and an inconsiderable part of inconsiderable men in buckingham-shire , we heare of none ; and for those it is no wonder : for the taunton-men are so independent , that they will not acknowledge any land-lord ; but pretend those houses which stand in the towne , were saved by their sword , and with the hazard of their lives ; and therefore are their owne . the buckingham-shire men were out-witted ; some being made believe , the petition was for taking off free-quarter ; others , for the presbyterian government . others were sent for up to meet their ministers and other confidents at paddington , upon pretence of businesse of huge importance , but knew not what , untill they were come thither , and then went on , like geese , with the flock . let the kingdome but seriously consider the barbarisme herein toward his majesty , and the misery wherein they involve this nation thereby , and i believe there will no more be found to tread in their steps . imprisonment is the buriall of a man alive , and that which private persons hardly endure with patience : no creature will , if it be possible to make any escape . and it was formerly a high charge , even in a subjects case , upon the star-chamber , and other courts . but for a king to be so dealt withall , our owne , an innocent and pious prince , by his owne subjects , & to be put under the custody of his desperate implacable adversaries ; further , to be depriv'd of all accesse or entercourse with his wife , children , friends , sequestred from all the comforts of life , this is much more , then ever was inflicted upon lilburne , pryn , or bastwick ; whose hard usages have been thunderd by themselves throughout the kingdome , to be savage , barbarous , inhumane . by the law of this land. it is treason to imprison the king , though at large . ed. . c. . what will these men be thought worthy of , when that shall recover its own channell , and flow downe our streets like a stream ? when they shall come to their accounts ? the miseries wherein they involve this nation hereby , are obvious to every understanding . the parliament touching the succession , mariae , cap. . acknowledgeth , that the welfare , profit , and speciall benefit of the universall people is continu'd and maintain'd , in the surety and preservation of the prince . even in this parl. in their declarations , they say , that the very safety and being of both his kingdomes depends upon his majesties returne to london . since the king was in their power , the very army could acknowledge , there can be no peace in this kingdome , without a good agreement between the king and his subjects . now , is it possible , there should be an accommodation , where there is no entercourse , no addresses made or entertain'd ? those who have felt the burden of this war , need no admonitour to judge , what will be the burden of another . as much as lies in them , the houses have laid a lasting foundation to entaile , if not perpetuate the discord to our posterity , with all the sad consequences thereof . a collection of all the particular objections against his majesty before he came to the crown . those objections which are made against his majesty before his reign , and belongs to the first classis of his charges , are only soure . . his letter to the pope which he writ in spaine . . the articles of marriage made with spaine . . the articles of marriage made with france . . the death of king james . but because the three first doe relate to that charge which are against his majesty , as being enclined to popery ; we shall give them their answers under that . the brief of their calumny concerning k. james his death , is this , that when the duke was charged by the house of commons of high misdemeanour and presumption , in that he did contrary to the advice of his physitians , cause a plaister to be applied , and a drink to be given to k. iames , who was sick but of an ague ; and that conceived to be in the declination by his physitians : whereupon , divers distempers and ill symptomes ensued , and the king himself did attribute the cause thereof unto the plaisters . that his majesty who now is , took notice of this in the lords house , told them he could be a witnesse to cleare the duke in every particular , and did interrupt them by frequent messages in their proceeding : afterwards dissolv'd the parliament , and did imprison sir i. eliot and sir dudly diggs ; and hereupon , they desire every one to judge where the guilt lay . an answer to that calumnie concerning k. james . . it is known to all , that k. james was an aged man ; and to all the court , that he kept an ill diet : particularly , how he was addicted to excesse of sweet wines ; by reason whereof , together with ease and want of exercise , as also the forbearance of all physick , he grew full of humors , corpulent , and of an evill constitution . for the sicknes he died of , it was a kind of ague , mixt of a quotidian and a tertian , call'd an hemitritaea ; and so determin'd of by all his physitians , six or seven at least . now that disease , though stiled by the name of an ague , is known to be mortall in its owne nature , and more to die of it , then to recover : but in such an age , constitution , and course of diet , as king james was of , nothing more certain ; especially considering he hated medicines , would conforme to no directions ; nay , was so crosse , that when one of his doctors , as the mouth of the rest , had told him , that he must bleed , in a great rage , he ingeminated the scandal of a butcher upon him . . as they agreed , this was his disease , so they were convinc'd , that his death was the naturall and genuine effect thereof , and they testified the same . . his body being opened , was found faire and free from any ground of suspition , in the judgment both of his chyrurgeons ( of whom master hayes is yet living , and in the kings-bench ) apothecary's and physitians . there are three of those physitians yet alive , doctor hervy , doctor lister , and doctor craig , all three honest and worthy men , the two last resident in the parliaments quarters about london , and in this breach between the king and them of their party ; doctor craig under a disgust at court , and discharg'd from his attendance long afore , and therefore not likely to be partial to the king ; who all doe testifie the truth of this narrative , and ( i believe ) are so noble , that they will readily give satisfaction to any man , that shall but doe his judgment that right , as to informe it . . touching the duke , i shall first premise somewhat ; both about that he administred to k. james , and also how far he was accus'd in parliament , then answer the charge . the duke himselfe had been sick of an ague , and that not long before : in which disease he was attended by three able physicians ; but after some wrestling with it by their help , the countesse of buckingham his mother , shutting them out of dores , gives the duke a vomit , made with tobacco ; which wrought violently , but recover'd him from his disease . after which , finding himself somewhat weak , he retires to the earle of warwick's house in essex , where , either upon change of aire , or some reliques of the disease , or what cause soever , he suffer'd a relapse : and being perswaded by the e. of warwick , sent for one remington , a physician living thereabout , who by a plaister , applyed to his stomack and wrists , and a posset-drink taken inwardly , recovered him from that relapse . after this , k. james being sick , his disease an ague , the duke ignorant of the distinction between agnes , thinking all of the same nature , that bore the same name , perceiving the physicians doubtfull , other directions unsuccessfull , the kings disposition impatient of many medicines , declareth to the king his owne cure , proposeth to the physicians to vomit him with tobacco . but the danger thereof being suggested , by reason of the violence of it , and the speciall antipathy of the king against it , he forbeares that remedy , yet upon the urgent desire of king james himselfe , procures for him the aforesaid plaister and drinke ; the one being onely london-treacle , the other no more but posset-drink , boil'd with harts-horne and marigold-flowers , then sweetned with syrrup of gilly-flowers ; which were both discover'd to the physicians afterwards , and obtain'd before , not without some assistance of the earle of warwick . after the application of this , whether by the naturall course of the disease , or some other cause , the king grew worse indeed ; the physicians take it not well ; these medicines are laid aside . yet , the disease not abating upon intermission of the directions , the king , impatient both of his disease , and of his physicians prescripts , importunes again for that remedy , which he had rejected . hereupon , a bed-chamber-man is presently dispatch'd unto the apothecary , monsieur du plure , treacle is sent for : no tearm of specification being added , he thought it fit to send the best unto his majesty , and by that means sent him venice-treacle , which as it was better in it selfe , so was it worse for the kings disease . this being brought , no body there present could order it , but the countesse of buckingham . it was applied again ; but being hotter then the former plaister , and the kings hot fit approaching , it might somewhat aggravate his heate ; whereupon , he cryed out , that these had done him hurt , and were the cause of his extremity . upon this , some one in the roome drank up the posset-drinke ; and the plaister was applied to another , who took no manner of hurt , but that he was cured of an ague . this is the whole truth concerning that application ; and besides others , it will be attested by master patrick maule , then of the bed-chamber , and in attendance , a gentleman , whom the parliament hath imployed about the king , ever since he hath bin in their hands , and therefore one that in all probability would relate nothing to their disadvantage , on set purpose . for the duke's impeachment in parliament , this was the ground of it . when that parliament was summon'd , and the elections were made , sir john eliot , who much honoured the duke , and was reciprocally much esteemed of by him , made an addresse unto the duke in the name of many members , offered him many arguments to bring him unto their party , made engagements unto him to establish him in all his places by parliament , and to adde unto his grandeur . but the duke , rejecting these offers , and replying with some scorne , according to the height ( and perhaps , vanity ) of his spirit , that the king should have that now , by no leave of theirs , which formerly he would have thanked them for ; and that the turbulent spirits were so dasht , that there could be no considerable opposition in their house to his designes ( and indeed in sight , more of the members of that election were at the dukes devotion . ) whereupon , sir john eliot , like a good patriot , reply'd , that he was mistaken in the spirit of that house , the very walls infusing resolution into them who sate there ; and rather then the duke should not be dasht , that he himself would break the ice . and hereupon was the e. of bristol countenanced ( whom in former parliaments they themselves had cast some frowns upon , and threatned with some danger . ) this impeachment against the duke is contrived in such a way , as that the king must either engage against him , or at least stand neuter , or ( which was worst of all ) beare the reflection of that dirt , which they would bestow upon the duke . this was the true ground of that charge ; and this was the man , who carried it up , and did chiefly manage it in the house of commons and in their committees . . these things thus premised , i answer , first by way of concession , that indeed the duke was guilty of imprudence , to meddle in an art , he was not master of ; and more yet , to exhibit any thing that way unto a king ; so that he was in some measure liable to the charge against him . secondly , by way of exception , . this was no cause of the kings death ; and so much the very charge implies , which was but of mis-demeanors and high presumptions . had it been of his death , it could not have stood on this side high-treason ; and therefore it was a malicious intimation to the kingdome , that his majesty was guilty of what they themselves were ashamed to charge upon the duke . . it was done out of a good affection , and an intent to recover the king. had he had other ends , he would never have owned the action , as he did . he was not so weak a politician , as to doe such a businesse with his owne hands , or by those of his mother , or so much above-boord . . the medicines of themselves were innocent , and could not prejudice . i have heard it from learned physicians , that london-treacle is of a temperate nature , and propulsive of venome from the heart , a cordial ; the decoction of harts-horn with marygold-flowers and gilly-flowers is no other . nay , this was attested by some of the physicians upon their examinations in that parliament , that those medicines did him no hurt . . there was a possibility to save the king thereby . experiment is the best leg and base of physick ; and oftentimes , when a learned doctor hath strugled in vaine , a nurse or a midwife hath wrought the cure by an approved receit . how oft hath the lady of kent flatter'd her selfe in this kind , and the lady brooks too , or they have done cures by a medicine or two , which have been blow'd at in vaine by good physicians ? . it was done by k. james his earnest entreaty ; and we know , how far the importunity of a great person , a prince , may transport a man , his servant , even against reason , much more where there was reason for it . we can produce an example of a french k. in a fever , who being prohibited all wine by his physicians ; did so importune his servants for that liquor , as they gave him his fill , and that of the strongest too , whereby he was not only satisfied , but his fever cured . . the chief witnesses against the duke were ramsey and eglisham , the first to the parliament , the other to the kingdome by his pen , both of them of so bad a reputation , that their testimony was not to be taken against a private man ; the former being expell'd , or enforced to relinquish the colledge of london for his ill-behavior , who will lie , swear , flatter , do any villany : the latter expell'd from his vniversity , a papist , or rather of no religion , and of as little honesty or learning , a man of a crackt braine too . . for k. james his own clamour , his word that way was no slander . how often hath treason been in his mouth , when he was but crost or disturb'd in his sports and recreations ? i have heard , the king of sweden us'd to make himself merry with that expression of king james , upon an accidentall cut of his finger by his carver . . that the disease was in the declination , was uncertaine . sometimes one fit flatters , and the next kills . physicians love to speak placentia , especially to great patients . we have lately had an experiment of that in the l. fairfax who died of a corn in his toe , and that presently after his physician had made his attendants and friends secure of his recovery . nor is it sometimes amisse in reference to the cure , to feed them with hopes , and to cherish their conceit , which is , though but of small reality , yet of no small consequence . besides , at that time it was given out by them so ; one of the ablest told the rest , and divers others , that the kings disease was mortall , and would surely speed him ; giving this reason , that he had twenty patients that year , and none of them recover'd , under sixteen fits , but the king had not strength enough to endure twelve . besides , that was the year , which preceded the great sicknes ; before which , usually diseases have much malignancy , and oftentimes put tricks upon the best physicians . . as to his majesty , that now is , those who were conversant about him , both physicians and others give this account , that they are confident , he knew not any of those passages . in that he brought off the duke , he might think himself bound by a three-fold cord , of honour , justice , and friendship : of honour , because that which was the ground of the accusation was his owne service , at least , pretended so to be . of justice , because he had done king james no hurt , did it in obedience to king james his owne command , intended him all good ; and was prosecuted by his adversaries upon another score and spite . of friendship also , it being well known , how deeply the duke had wound himself into the kings favour ( i dispute not , how justly ) the very laws of friendship call'd for relief at his hands , when he saw the duke in danger to be opprest . h. martin himselfe , the most professed enemy unto the king , thought so meanly of this accusation , that he onely made sport of it : when in some company it was spoken of , told them , ( if it were true ) it was the onely good action he had ever done in his life , and therefore desired he might not be alwaies twitted with that . and now let all the world judge of the abominable iniquity of these men , that lay to the charge of their owne prince things that he knew not , things of that ugly stamp , that a loyall subject dares not put them into words . we may adde unto all that hath bin said in defence of his majesty , . the singular observance and dutifulnesse of his owne children towards himself , a comfort seldome vouchsafed , but as a reward of former obedience . god observes , for the most part , a proportion in all his retributions ; and punisheth , as it were , in specie , according to the nature of our offences , in their own kind . . his majesties composednes and equality of spirit , in the midst of his dangers and afflictions . when his chamber hath been beset with armed men , i cannot learne , that he lost one hours rest for that , which might have been a cause of terrour , even to a cleare conscience . nor can i understand , that he made scruple at any of those cates , which were cook'd by a hand , that had been armed and held up against him in the field . whatsoever his troubles and distresses were , he was himself still — mediis tranquillus in undis . but murder , especially parricide is a fury , which keeps the conscience in a continuall alarme , and presents unto all the senses , objects of horrour and approaching vengeance . the history is known of nero , who never could endure a clap of thunder , after the murder of his own mother ; but crept even under his bed , or into the closest corner he could possibly find , at the noise of it . and i need not enlarge that story of a prince , who hearing swallows singing in his palace , fancied they sung it clearly , that he was his fathers murderer , and therefore caused them to be pursued and beaten downe . many more such arguments we might insist upon , if we would make use of such topicks , as passe with the house of commons for excellent strength of reason , when it may serve their occasions . i must acknowledge , that i expected with this , his majesty should have been charged with the death of his elder brother prince henry also : for i know , that had a place in the first rude draught of the catalogue of his crimes , which was compos'd in the army . but the house remembred , his majesty was but twelve years of age , and so that was expung'd . a collection of the crimination they make against his majesty from the time of his comming to the crown untill the present rupture . those aspersions , which they cast upon the king from his entrance upon the crown untill this breach between him and them , are reducible to heads : the first to such , as more immediately relate unto his own person . the second , to such as were done by his ministers , and did originally flow from them , as the lords of the privy councell , his councell at law , and his servants . the third , to such as were done by his courts of justice , either civill or ecclesiasticall . under the first of these , we may marshall , . perjury , and breach of trust . . popery , and a conspiracy with papists to massacre all the protestants in england and ireland . . tyranny . . hate of parliaments . their charge of perjury , and breach of trust . this deserves the first place , as the greatest crime in a prince , if true ; and the fowlest calumny , if false ; which they tax his majesty withall in these generall words , page . he hath broken his coronation-oath , severall vows , protestations , and imprecations , through his whole reign , and so oft renued before god and the world : a little after , they accuse him of a continued track of breach of trust , since he wore the crown . that charge answered and retorted . . these are but barely asserted ; and i appeal to their own breasts , whether it be fit to take their word in this case ; i am confident , i may to the kingdome . . this is onely a generall accusation ; no particular instance given . indeed afterwards there is an imputation of breach of articles with the scots ; denying of any commission to have been granted to cockram , which they took with other papers ; and some such things there are which amount to no more then tergiversation , if all were true as they relate ; and shall have a full satisfaction in their proper places . if they had held forth any proof of any particular , we should have joyn'd issue , and made no question to vindicate his majesty . they may remember , generalities afford a shrewd suspition of jugling fraudulence ; and we have some aime at their intents , by their audacious imputations to make something stick upon his majesty , whether true or false . . with what confidence can they accuse his majesty ( if he had been guilty ) of that , wherein they themselves lie so grosly open to exception ? quis tulerit gracchos ? &c. their whole practise hath been prevarication , breach of oath and trust , both with god and man. have but a little patience , to eye their deportment towards all men they have had to deal with . in relation to the king , have they not broke the oath of allegiance , wherein they have sworne to beare faith and true allegiance to his majesties person , and to defend the same against all conspiracies , & c ? have they not broke the oath too of supremacy , wherein they have professed , testified and declared him the onely supream head and governour over all persons , in all causes , within these his dominions ? both which oaths they must and doe take , before they can legally sit and vote in that house . have they kept the protestation better , which provided for the kings honour , power , and safety , before their priviledges ? and have they kept their owne solemne covenant , either in this or any branch thereof ? nay , hath it not been resembled to an almanack out of date , by one of their own members , martin in his answer to the scots declaration , and that without a check ? how have they deceived and abused this poor nation , in reference to the king ; when they conjur'd us up to rescue the kings person , ( among other things ) out of the hands of his evill counsellours , and to fetch him home gloriously to his greatest , and most faithfull counsell , themselves ? how well have they answer'd that very great trust the king reposed in them , when ( to please them if possible ) he tied up his owne hands from the dissolving this session of parliament , without their consent ? ( the greatest breach of trust that ever the king made , if we may believe john lilburne . ) how have they acquitted their engagements to the scots , as touching the king ? nay , have they not disclaimed their owne declarations , as obligatory , and told the scots since , that they were framed , published and made use of , as affaires then stood , and that they may alter them now ? and in another place , that they are alterable at pieasure , although they were promissory , and that upon the most sacred invocation possible ; as you may see in the scots papers , we professe in the sight of almighty god. which is the strongest obligation that any christian , and the most solemne publick faith that any state can give , ( husbands book of decl. p. . & . the like , ) that no trouble nor successe should change their resolutions , ib. and how they have made good these following expressions of the army , ( for now i must charge the parliament with the doublings of the army , who rule the roast there ) whereas there is a scandalous information , presented to the houses , importing as if his majesty were kept a prisoner amongst us , and barbarously and uncivilly used , we cannot but declare , that the same and all other suggestions of that nature , are most false , scandalous , and absolutely contrary , not onely to our declared desires , but also to our principles , &c. and a while after , we clearly professe , we doe not see , how there can be any peace to the kingdome firme and lasting , without a due consideration of and provision for the rights , quiet , and immunity of his majesty , his royall family , &c. remonst . from ex. and a. jun. . . in another place , that untill the settlement , his majesty may find all personall civility and respects , with all reasonable freedome , in the letter from sir tho : fairfax , besides many more ; which applied to their present practice , doe lowdly proclaime their odious prevarication toward his majesty . in relation to the kingdome , how strangely have they falne short of their trust ? can their consciences flatter them , that they were entrusted by us , with the least thought , that they should enthrone themselves , during life , in those chairs , and entaile their places on their posterity ? yet many of them being put to it , have intimated thus much ; nay , in the house it hath often dropt from them , that it was dangerous to pitch upon a time of dissolution , though within these ten or twenty yeares . some of them have been so ingenuous , as to say , if they give way . another parliament must be call ' within these three years ; and the kingdome is so totally corrupted , that it is ten to one , but that would attaint the members of this. many of them , who are fathers , have by their power and interest already brought in , not onely their eldest children ( some in their nonage , and children indeed ) but two or three , as the lord say , who hath three of his owne sons in the house of commons . they were entrusted by the people ( i trow ) to ease them of their grievances , establish the liberty of their persons , settle the propriety in their estates : yet let me bespeak them in the words of one , that hath lost his bloud in their service , mr. lilburne by name , i challenge them to shew one act , they have done for the benefit of the people . we feel their little finger heavier then the loynes of the king with all his predecessours . they have brought us from the government of one king , who was bound up by law , to the tyranny of or of themselves , nay every petty committe-man , every insolent officer , whose will and lust is their law ; so into an aegyptian vassalage , a condition worse then that of the peasants of france , of the boores in flanders , of the slaves in turkie , ( to use a mans word , of their owne side . ) what can we call our owne , if one of the grandees , or his friends mouth waters after it ? if they vote to pocket up our estates , to take away our wives , our liberties , our very lives , who can stand before their omnipotency ? let their officers and army's be heard , what measure hath bin meted out to them . they were promised golden mountains , the parliament would stand and fall , live and die with them . yet when the first army had set them up , and broke the ice for them , how dis-honourably was the lord generall , how unthankfully were the rest laid aside , even without their wages , which they could never obtaine to this day ? this last army had the same doome ; but they tooke better courage , and knew their owne strength . the scots ( however stroakt with the name of brethren to this day ) were serv'd with the self-same sauce , and put to retreat ( faster then was for their ease ) from newarke toward their own confines , with a great body of horse at their heels . the city ( unto whose bloud and treasure they owe their beeing , and whatever they have ) rings again of their breach of trust and faith with them . instead of signall marks of the enlargement of their priviledges , recompences for all their offices of love . their works are demolished . the tower is wrested from their hands . themselves besieged in a manner . a garrison threatned to be put upon them , their armes to be taken away , ( if they durst ) their trades decayed , threatned to be quite ruined . their late lord major and aldermen ( some of which were their fastest friends and zelots ) impeached for their lives upon no ground . their whole common councell menaced . divers of their ablest members marked out already for destruction . nay , the whole city kept in continuall feares of fire or sword , or other violence by them . the assembly-men and ministry give no better accompt of their faith toward them neither . how did they tickle them at the beginning of these troubles with engagements and covenants for a church-government to their content , making them a glorious clergy , establishing a free and full maintenance for preaching ministers ? yet their persons are now more vilified then ever . their function exposed to contempt and scorn . their maintenance abridged , and that by the connivance of the houses , nay the example , private encouragement , if not the project of their members . we will not twit them with their deceitfull ordinances , of self-deniall , ( which onely broke the ice to ingrossement of all places and offices of profit into members hands or their confidents to distribution of at least l . of our estates amongst themselves ) of accompts of the kingdom , ( by which they have encreased their expences many thousands without mention to perfect , or call any man to refund ) of hearing complaints against bribery and injustice of their members ( whereby they may take notice of the person that dares question any of their houses , and after they have worried him there , by a fruitlesse and chargeable attendance , find some advantage to break his back ) nor many such like . nor yet stop they there , in falsifications of their owne ; but they compell others to break their oaths and promises . ( i say nothing now of those oaths they force upon the consciences of such men , as had rather trust god with their soules , then them with their bodies and estates ) they have compelled their owne side to break those articles and engagements , which they had struck up ; witnesse the cessations in york-shire , made by the late lord fairfax , and that in cheshire . nay , themselves entertain'd , and by their ministers perswaded some hundreds of men taken prisoners at brainceford , and dismiss'd by the king , upon their oath to beare no more armes against him , within very few daies to vomit those up again , as unlawfull obligations . last of all , is it not a great part of their quarrell against the king , that they cannot enforce him to forget his oath , whereby he stands obliged to defend the church in her rights and priviledges ? that he will not yeild up the laws of the land , to be new-modell'd according to their lusts , and the power to protect his subjects ( which he is bound by oath to do ) into their hands , that they may oppress them at their pleasure ? how infinite is this argument ? i pray god , they have not halted even with him also . we are strongly tempted to believe , that their fastings , their prayings , their zealous and solemne executions of pictures and crosses , were but pageantry to deceive the people , rather then true devotions to make an atonement with the almighty ; and perhaps we could prove it upon many . but god is the only searcher of hearts , and to him we refer them for that matter . the charge of popery upon the king. this charge hath two branches ; the one of his inclination to popery , and favour of that religion ; the other of a concurrence with the papists to destroy all the protestants in england and ireland . for the former they offer these proofs , . his letter to the pope , when he was in spaine . . the articles of marriage , both with the spanish and french. . that he had an agent in rome . . that by the queen and the earl of ormond he offered a toleration unto the irish papists , though he had formerly vowed against it , as also to take off the penall laws . . his entertaining of a nuncio here . . his leaving of blanks with secretary windebank , a notorious favourer of papists , when he went to scotland , when he denied a commission to the parliament as they desired . letters of the said secretary ; whereupon he durst not endure the examination , but fled . the latter is confirmed many ways , as . by a pious designe the queen had in hand , helped forward by a fast . . an information given upon oath to the arch-bishop . . an attestation of a servant of the queen-mother . . speeches of the rebels in ireland . . vnusuall preparations of armes and ammunition , mounting guns on the tower. nay , . found in papists houses . . commissions given them to rise , &c. the king clear'd from the aspersion of popery . indeed , it was necessary to rake together so many circumstances , whereby to pin this vizard on again , which was even fallen off ; when the kings owne strict and plous life , continuall defence of the true protestant religion against all opposition , and his highest and publick solemn protestations , even upon the receiving of the holy sacrament , being added to divers strong presumptions doe assoile him . it is not unknown to us now , that his father , of blessed memory , sending some ministers into spaine after him , charged them to have a care of buckingham ; as for his son charles , he durst trust him for perseverance in his religion . what a sleight advantage did the king take to rid his hands of the queen's priests ? what strict commands did he give , that none should be permitted to enter into her chappell , who was not her meniall servant ? we know , that nor the queen 's owne power with him , nor the mediation of her friends about him , could extend to dis-place a poore porter at saint james's ; who for keeping out a citizen , that under pretence of being her servant would have pressed in , for to go to the chappell , and for such other strict performances of his majesties commands , had much incens'd her . we remember also his severe edicts and proclamations against those of that religion in generall , his instructions to his ministers for their prosecution , his banishment of doctor smith bishop of calcedon . if his under . officers failed of their duties , it is but justice to set the saddle upon the right horse . what law did he ever refuse , ( nay , hath he not called on them to offer ) for the education of popish children in the protestant religion , for their better conviction , or further punishment , and that even at times of his dis-advantage and danger to dis-oblige any of his subjects ? i have heard many of the papists revile him , under that notion , that he would give them all up as a sacrifice for to compasse a peace with his parliament , though they have remained loyall to him in his extremity . they themselves have published such letters of his ( never intended for their view , written in private to his queen , with whom , if with any one alive , he would be free sure in that point ) wherein he declares himself to be different in judgement from her . what need we say more ? though at the first , when the war was commenc'd , master hampden being asked by a minister , why religion was made a cause of it ? gave this account , that the people would not stir else ; yet master martin hath in the house , and divers other places bin so ingenuous , as to tel them , they need not lie for a good cause , it was not religion they fought for , but liberty . . the charge from the letter to the pope answer'd . . for the letter to the pope , it is so fully answered in a book called vindiciae caroli ; and in another treatise called , the pre-eminence and priviledge of parliament , that i need not insist thereon . the prince being upon a match with spaine , it could not be passed , in regard of the difference of his religion , but by a dispensation from the pope . yet although he had left all that transaction to the spaniard , to avoid entercourse with him , yet the pope taking his advantage , writes a letter to the prince . being at this ward , i see not , how even in civility ( especially considering the precisenes & punctuality of that nation in all courtship and complement ) as also in safety ( as being in the hands of strangers ) and to the securing of the match ( the maine businesse he came for ) he could forbeare to answer it . yet was it done by him with that wisdome and care , as it might give no offence ; and by the severest censure of an un-byassed reader , that understands the language , not smell at all of any complyance in religion . moreover , that it might beare no ill sense , as of a clandestine correspondence , he was pleased to publish it to the world . it is no strange thing to write even to the turke , ( which the two houses have offered our merchants to doe for them ) or to the king of morosco , that are mahumetans , to princes of what nation or religion soever . but if you doe observe it , this their owne weapon wounds themselves and makes for the king : for what needed a dispensation , if the king had been of that religion ? . the charge from the articles of mariage with spaine and france , answered . the articles of marriage with spain and france are fully satisfied in that fore-mentioned book , vindiciae caroli ; yet if any have not seen or perused that book , let him take this short account here : . that a particular toleration had a former president , even in q. elizabeth , ( whom they never durst accuse for a favourer of papists ) in those articles of marriage , which were consented to , with the duke of anjou . where , by the way , you may take notice , that in her time , master stubs , a lawyer , but a great professour , and one master page had their hands cut off , for writing a tract against that match , which they had entituled , the mariage of a child of god with the son of antichrist . camb. elizab. an. , , , & . . that if the intelligence were true ( which these accusers take from an ordinary news-monger or mercury ) of an universal toleration agreed upon , it was intuitu majoris boni . the palatinate was to be restored again , and the protestants of germany to be re-enstated in their possessions upon that condition . . that this was king james his act , not king charles his , who was onely passive therein , and to whose hand these articles were beaten before his comming into spaine . . that they were never any prejudice to this kingdome , because the match with spaine was broken , and therefore should be no objection . the articles of the mariage with france ( which went forward ) had the same reasons , and so are answered . . that of the agent at rome , answered . . the agent in rome , if any , was from the queen , and not the king. . grant it to have been from the king ( which is not true ) he may surely claime as much liberty that way , as q. elizabeth , who had an embassadour , or agent , namely , sir edward carne , with the pope in rome , camb. eliz. . at the beginning of her reigne ; yet was never under any suspition for it . kings have , or ought to have their espyals and intelligencers in all places , from which there is possibility of danger to their dominions . i have heard , q. elizabeth had , even in the popes owne family , and in the colledges of the jesuits . their projects against us could not better be dis-appointed , then by thus picking the locks of their very bosomes . . that of toleration answer'd . that he offer'd a toleration to the papists in ireland , contrary to his former resolutions , was but upon great and pressing necessity ( which hath no law ; ) and to that degree of necessity the two houses had driven him , so the consequences were to be set upon their score , not his owne : yet even then , in his letters about that affaire ( published by themselves ) he doth insist on it , that the bargain may be made as good , as can be , for him . but i have seen other letters from one of his secretaries to the irish , which i am ensur'd were true ; wherein were these expressions , after expostulation of their delaies in his assistance , he is inform'd that taking advantage of his low condition , you insist on something in religion , more then formerly you were contented with . he hath therefore commanded me to let you know , that were his condition much lower , you shall never force him to any further concessions to the prejudice of his conscience , and of the true protestant religion , in which he is resolved to live , and for which he is ready to die ; and that he will joyne with any protestant prince , nay with these rebels themselves , how odious soever ( meaning his two houses ) rather then yeild the least to you in this particular . the same retorted . besides , herein the parliament doth somewhat justifie him ; for if the papists themselves may be believ'd , they have been solicited formerly to serve the parliament , and were promised by some of their agents an universall toleration , and a repeale of the penall statutes , which is the more credible , because henry martin told them in the house , ( not long since ) that he had a petition from all the papists in england for one , and was their advocate for it , though unseasonably . nay , many of the independent writers , ( who never received check for it from the house ) doe in their books not onely allow , but give reasons for it . and in the compositions for delinquency , ( though the two houses pretended them to be without capacity thereof ) they were admitted , nay and at lower rates and with more favour , then many zealous protestants , who had been lesse active in this warre . . that of the nuncio , answered . . the nuncio's businesse was meerly to the queen , and he a lay-man . . it is no courtship , to forbid an ordinary mans wife all entercourse with those of her own religion , though different from that of her husband ; nor is it the way to convert her . i am perswaded divers of both houses have been guilty of that allowance . yet the right of a queen is greater , and it was an article of mariage . . it might have been afforded with lesse regret for to smooth her majesty , and to take off the remembrance of the banishment of her priests . . the man was of so weak parts , and of so loose a life , that his company might have been borne withall the better , to serve as a disswasive from his religion , as the lacedemonians used by the apish and uncouth behaviour of drunkards to possesse their young children with a perfect hatred of that vice . . assoon as it was discovered distastfull , or of danger , he had his mittimus . . that of the blanks left with windehank , and of his letters and flight , answered . . whosoever knows the custome of the court , knows it to be no strange matter of trust with a secretary of state , to be imployed in any sudden emergency , when there cannot be recourse unto the king ; especially when there are generall instructions left , and sometimes the very matter made ready , the forme only referred to his discretion . nay further , there are some of the house of commons can testifie , how familiar it is for a secretary of state to entrust the same with his owne secretaries ; and how impossible it is to dispatch businesses of haste and necessity without some such remedy . i have heard , the like is not unusuall with his excellency the lord fairfax , and other great commanders , to give their servants of trust , leave to subscribe their names for them , in matters of common concernment , i am sure col. mainwayring the passe-maker , ( which was the best trade he ever drove ) in time of greatest danger to the city and affrightment also , left his hand and seale with many of his servants , to fill up with the names of such persons , as they should think fit . nay , but doe not the houses themselves daily so , or more in matters of high concernment , by their power delegated unto the keepers of the great seale , privy-seale , and their ordinary courts of justice , their secretary of state , and persons officiating in trust under them ? . if he were a notorious favourer of papists , his majesty might likely not know so much of him ; servants being generally studious to conceale their faults from their masters . . if his majesty did know it , yet places of trust have been often delegated by princes to such as have been of a perswasion contrary to theirs , whom they have found persons capable thereof . even q. elizabeth her selfe did send the viscount montacute upon an embassy to spaine , in behalf of the scots , and to justifie the protestant religion , though he were a papist , as camden hath it in her life . now whereas it is added , the king would not leave any such with his parliament : . the case is different , if it be meant , with them for passing of acts , which were not repealable by himself , whereas the secretary was accomptable for his transactions ; and his deeds , they if not answerable to his majesties desires , capable of reversion by his majesty . . there was no need in so short an absence of his majesty , whilest bills are so long in debate , before they come to their perfection . for his letters we can give no accompt , unlesse we knew their purport . he might run away justly , and in providence which every man oweth to himself . he saw the house of commons begin to ramp upon him , and he knew how easie it was for them to find a staffe to beat a dog withall , and make a just quarrell when they had an edge against any man. that of the plot to destroy all the protestants in england , answered . but the plot to cut all the protestants throats is so brim-full of malice , that it confutes it self . . it is well known , there are not in all above papists convicted , in all england and wales ; allow as many more without that capacity ( for sure , when you shall have deducted the old decrepit men and all the women their number will not be much above . ) now how these papists should procure armes , embody ( and no discovery be made of it ) so as to become considerable , and if all in a body , accomplish the ruine of above a thousand for one , is incomprehensible ; yea though each one had the hands of gerion and briareus , and in each hand the club of hercules . the protestants had need first be tamer creatures , then these late broyles have shewed them to be . in ireland , where the papists and natives are five hundred to one , what a tough piece of work have they found it , to root them out ? and now we hope they may drink of the same cup they provided for others . . the king in that case must be look'd on , as void of common understanding , who would devest himself of the monarchy over so many millions of men , that he might have it , only over to inhabit this spacious territory ; nay , and some of them like to come short home . . that of the queens pious designe , answered . the queens pious designe was knowne to be nothing more then a contribution , by way of assistance to her husband against the scots , whom he then look'd upon , as his enemies . and to that expedition divers of themselves , divers of the vpper house afforded their helping hand under the same notion , essex , holland , northumberland , salisbury , &c. and why was the fault greater in a wife to assist her husband , then in subjects , their king ? . that of the qu. mothers servant , answered . the q.m. servant , for ought we know , may lie as wel as swear , if it be the man we guesse at , he is of little credit , even among his own nation . nay , the ministers and protestants of their churches here ( though the man pretend to be under the notion of a convert , and a protestant now , though formerly a papist ) give him but a base report . and we cannot think , it is for nothing , that he hath been bolsterd up , in the murther of his own wife , under the pretence of physick , in the oppression of her children , which she had by a former husband , and in the prosecution of a worthy gentleman , her brother . . that of the suggestion to the arch-bishop , answered . the suggestion to the arch-bishop , was by one habernfield , a bohemian , from a priest in rome , first given to sir william boswell in holland , and so sent over ; in which the principall persons to be made away , were the king and the arch-bishop , for their being so much against the romish religion and purposes . but this circumstance is ( wisely enough ) conceald by these accusers . can any reasonable man let his belief so run riot , as to be perswaded , the king should drive on a plot , apparently to his own destruction ? how blind will malice make ? whither will it not transport ? of the irish rebels words we shal speak in a more proper place . . that , of the armes in papists houses , answered . the armes and ammunition in papists houses , were a bow and arrows with one brown bill . this cals to our mind the training under ground , the blowing up of the thames , &c. is it not impudence even to a prodigie , to think ( now the scales are fallen from our eyes ) thus to mock and befool us still ? . that of the ammunition , and preparations about white-hall and the tower , answered . vnusuall provision of ammunition , fire-workes , &c. about the tower and white-hall , mounting ordinance upon the white-tower , &c. was made indeed , but only in order to security , at that seditious and tumultuous time . would these good men think it a just challenge against them , now that they have mann'd white-hall with ten times the number , and the mewes to boote , now that they have raised batteries in the tower , mounted canon , cleansed the ditches , brought in a garrison of strangers , and laid aside or over-sized the ordinary guard , that therefore they intend to destroy the presbyterians , or the rest of the kingdome ? . that of commissions to papists , answered . commissions were indeed given to the papists , but since the war was begun , and i would faine learne , what priviledge the papists have , from being imployed in defence of their king ; and whether it had been wisdome in us to hazard our selves , and that the protestants should spend their mettle one upon another , while they sate still and looked on . yet i cannot compute upon the most severe survey , that the hundredth commission was issued unto papists . what danger could there be in that disproportion ? . the charge against his majesty of tyranny . the third charge against his person is of tyranny , and an endeavour to enslave us , which is proved , . by his principles , in regard he holds forth to us in his declarations , that he is liable to account , for nothing he doth , to any man ; and that nor one nor both houses of parliament can make , or declare a law. . by his practises , as . in attempting to enslave us by the german-horse . . by the spanish fleet . that charge answered . to the first , the principle which the king holds out , was ever taken for truth heretofore . . all his predecessors in this , all soveraigne princes in other states have made claime hereto , ( and for ought i have heard , were never questioned before for it . ) to passe by king james and all others which might admit exception , hear what queen elizabeth saith , although kings and princes soveraigne , owing their homage and service only unto almighty god , the king of all kings , and in that respect not bound to yeild account or render a reason of their actions to any other but god their soveraigne , yet ( though among the most ancient and christian monarchs , the same lord god hath committed unto us the soveraignty of this kingdome of england , and other dominions , which we hold immediately of the same almighty god , and so thereby accompt only to his divine majesty , ) we are , notwithstanding this our prerogative , moved to declare , &c. in a declaration of the causes moving her to give assistance to the netherlands , printed by her own printer , . . the lawyers of the kingdome have constantly taught us the same , who call the king caput & principium parliamenti , pater patriae , the head and beginning of his parliament , the father of his country ; who also tell us expressely , omnis sub rege , ipse sub nullo , nisi deo. non est inferior sibi subjectis , and rex non habet superiorem , nisi deum , satis habet ad panam , quòd deum expectat ultorem . the king hath no peere in this land , and he cannot be judged . the regality of the crown of england is immediately subject to god , and to none other . . this very parliament hath made a tacite acknowledgment hereof , as well as all others , by taking the oaths of supremacy and allegiance , by making their addresses to the king under the notion of his leige men , and most humble subjects , and by their very petitions . . it hath been the practise of all ages , and was of this present parliament , to decline the king , even in those things which had been acted by his commands , and to fall upon the ministers ; according to the sense of that law maxime , the king can do no wrong . it were strange now , that the children might call the father to an account , the hee le lift it self against , or the members question the head , the subject over-top the soveraigne . the fable hath a good morall , and i doubt is verified in our times . the taile of the dragon once made that pretence of governing against the head ; but having obtained the liberty to lead , after a great deale of toyle led all the body into a ditch . but this being granted and proved , how will the consequence ensue ? it is not the exemption from accompt , which makes a tyrant , but owning no law , making his will and pleasure to be the standard of all his actions . there is no state , wherein there is not an ultimate judicature , which is not to be accomptable . by this rule all government should be tyrannous . . that both houses can make no law , they themselves confesse , i am sure the lord cooke in his fourth booke , printed by their own speciall command , doth often . that they can declare a law is against reason . if the king be necessary to the making , doubtlesse he is also to concur in the interpretation , otherwise to what purpose doth his councell serve ? but to arrogate a power to declare a law , contrary to the evident sense or interpretation received ever since it was made , even though a hundred or a thousand years , is a monstrous usurpation , and the greatest evidence of a tyrannicall spirit , that is possible . if they have a power to interpret only according to the evidence of the letter , or former acceptation , where then is the priviledge ? and what need there be a quarrell ? that of the german horse , answered . . the horse out of germany was but in proposall , never resolved on , much lesse put in execution . now an embrio is no perfect man , nor a designe to be esteemed a fact , much lesse is a bare proposall . . it appears to be rather the duke's doing , who at that time took upon him the managery of most affaires in this kingdome . and why should they make the king black with the dukes faults , if that were one ? but . the true designe of those horse , was onely to discipline our english , and make them more expert for forraigne imployments ( as it may be remembred , we had divers old foot-soldiers and officers out of holland for a while to that purpose ) and how unskilfull our nation was therein , as also of what consequence it was , our army in the isle of ree was a fatall evidence ; and since that , their owne armies have felt at worcester , edge-hill , and other fights ; untill by frequent experience , and the great pains of some dutch and scotch officers they were made formidable . . the instruments , whose counsels were used in this great pretended crime , who made the first offer to raise and conduct those horse , have been harbour'd in the bosome of the houses , and imployed in places of signall trust , as sir william balfours , dalbiere , &c. that of the spanish fleet , answered . rather then they will want a charge , the spanish fleet shall furnish them with one , though brought into our havens by meer necessity , being pursued by the hollanders , and having spent their powder . poor king charles ! how is he burdened and even pressed downe , upon whom not his own actions onely are charged , but those of his servants , those of his courts , those of strangers ; nay , and those of meer fortune and contingency ? if this expedition of the spaniard were by the kings contrivance or privity , why did he sit still , permitting them to be assaulted within his own harbours ? why did he suffer his owne ships to be idle spectators of their ruine ? how comes it , that there never followed thereupon the least expostulation for so great a losse , from the king of spaine ? it is well knowne , the spaniards were wasted in flanders , the natives began to know their owne strength , and were in hand with a machination to shake off the spanish yoake from their necks , in emulation of their brethren of the vnited provinces . there was but need then of a recruit , which could not be compassed without sending a strong fleet to convey men into flanders ; and this was the fleet , which we quietly beheld beaten and scatterd . mean time , what miserable shifts are these men at home put unto , when they are glad to catch after such shadows , thereby to bring an envy and hate upon their king ? the whole charge of tyrannicall government made good upon themselves . . if it be exemption from accompt , which constitutes a tyrannicall government , the two houses cannot wash their hands of it , by their owne rules ; no men pretending to higher priviledge therein ; no men seeking to fortifie themselves more , against all possibility of being reckoned withall . . if the characters , which aristotle in the . of his politicks , chap. . assigneth , and most other states-men unto tyrannicall rule , be true , the parliament have out-done all tyrants in all ages . the badges are these , first , to acknowledge no boundary of law to their actions , besides their own will. . to rule by violence over their equals and superiors . . to regard mainly their owne private vtility , not the publick . examine their proceedings by these marks , and you shall find them sutable to a hairs breadth . is not much of this quarrell for the repeal of lawes formerly established ? doth not the king continually invite , provoke them to this touch-stone ? nay what law , that stood in their way , have they not suspended , or annulled ? their whole ecclesiasticall government is besides , nay against clear law . their secular hath been altogether arbitrary ; for what law warrants their militia , their dealing thus with his majesty , their imprisonments , oppressions , extortions ? and what law had they for alienating the bishops lands , not only from the bishops , but from the whole clergy for ever ? lastly , ( that i be not infinite ) what law to cut off canterbury's head , to murther tomkins , challoner ? &c. . how could they possibly maintaine their power without an army ? do they not trample and revel it over their lords and masters ( we will say nothing now of his majesty , their soveraigne , whom they insult upon . ) have not they set their feet upon the nobility and gentry of the kingdome ? ruin'd and undone them ? whereas themselves for a great part are of the basest among the people ; among whom ( except what they can reckon their places at ) a hundred cannot make one thousand pounds by the yeare . . what have they done for the publick ? though it be a bold , i feare it is a true challenge , john lilburne makes , ( which i am tempted once more to observe ) i here challenge them to shew me one deed , they have done from the beginning of their convention for the benefit of the people . we are sure they have not been wanting to themselves . all places of profit are distributed among their members . our monies , to the summe of or l . are put up in their bags . our persons are at their devotion . their priviledges are what they list . the truth is , all the evidences of tyranny against all the kings of england , untill this present age , could not amount unto so much , as the two houses have bin guilty of , within these very few years . nay , it was impossible , for all the kings of england ever to attaine unto it ; so true a prophet was even master hampden , who , when some expressed much impatience at the want of a parliament , wished them to pray for a good one ; for nothing could undoe england , but a parliament . the fourth personall charge , that he hated parliaments . that he was a hater of parliaments , they do back with these proofs : . that he never called any in twelve years . . prohibited all speech of any . . dissolved them at his pleasure . . searched the closets and pockets of the members after dissolution . . imprisoned others , which prov'd the occasion of their death . . even in parliament , charged of their members . . offered them violence in his owne person , attended by a train of papists and others . . endevoured to over-awe them , by bringing the northern army to london , and that when he had declared against it . . called a mock-parliament at oxford . . raised war against this parliament , which never king did against any , but he. . vpbraided his owne at oxford with the name of a mungrell-parliament . the improbability of this charge . . this cannot be easily admitted for a truth , that the king should hate a parliament : if you consider , . that he was an advocate for them in his fathers time , and by his endevour procured many good laws for them in his days , which was confessed in the parliament , as you may find in the journall thereof . . that to give them satisfaction , he pressed his father against his resolution and reason to begin a war with the house of austria , and obtained it : though king james like a prophet told him , that it was not their hate toward the house of austria , nor their zeale to the protestant cause , which moved them to put him upon that suit , but a designe to bring him into a noose ; that being in distresse by reason of it , they might desert him , and then make their markets of the crowne ; and he did particularly acquaint him with the steps and gradations , which they would proceed in ; first question and strip him of his tonnage and poundage , then bind his hands from making other provision for himself ; afterwards bring him upon his knees to them . . since his reigne , never any king called more parliaments then he , for so short a space , notwithstanding those twelve years intermission . . all the kings of england never offered more compliance , or performed more acts of grace , then he did . . lastly , few kings have testified a greater desire of correspondence with , or of condescention to a parliament , then his majesty hath done by this : . in resigning up his faithfull servants , to be disposed of according to their will , even against his conscience . . in offering them ( as it were ) a blanke , jan. . . which is to be seen in their own book of declarations . . in giving up so many bishops ( whose votes for the most part were at his devotion ) to be expelled the house of lords . . lastly , in the establishment of this parliament by a law , during their owne arbitrement . . the charge from the dis-use of parliament for twelve years , answered . to the first particular , i answer : . by way of concession ; that parliaments were under long dis-use . but . that it might be out of some fore-sight and sense of this tumultuous spirit in its secret workings , of which the king might think by abstinence and diet to correct their luxuriancy . it argues no hate to a parliament , to desire it might contain it self in the bounds of its ancient moderation ; and so a fair correspondence be maintained between the crowne and the people . and this judge hutton in his argument could not chuse but touch upon , if you please to peruse him . . notwithstanding this reason for it , his majesty had made an acknowledgement hereof as of an errour , engaging himself to redresse it for the future . nay , . did apply himself to that particular way , which themselves proposed , a trienniall parliament . . further yet , when that gave not satisfaction , by a law confirmed this present parliament to the length of their own desires . . . that for breaking up of parliaments , and forbidding all speech thereof , answered . . herein his majesty did no more then all his predecessors . look upward , and you will find it practised . if it were against the words of a law , yet usage makes the law of the kingdome , and supersedes the letter . suppose it an errour , why should it be a charge upon the king , and never objected unto his father , qu. elizabeth , qu. mary , k. edward , k. henry . and so upward ? . the king did never dissolve any , but upon their own distempers and for mutinous deportment ; and then it was providence to cure an evill in the beginning , and crush a serpent in the shell . . this very house of commons doth at this time entertaine within their walls , one instrument of the dissolution of the last before this , i mean sir henry vane , whose false suggestions were the occasion of the kings breaking it up . if you have not heard the story , then take here the plain truth of it : the parliament was willing to give the king a summe , in consideration of ship-money ; and an offer was made , so the king would relinquish his title thereunto of six subsidies . his majesty was willing to comply , and in order thereunto gave sir hen. vane and others a command to signifie so much unto the house . but sir henry , contrary to the directions , demands and insists on twelve . whereupon , the house is put into some distemper ; which sir henry represents unto his majesty with the utmost aggravation , and some addition too , whereupon his majesty dissolves it . searching of pockets , and afterwards imprisoning , answered . to this we give this accompt , . that it was no breach of priviledge , when the parliament was dissolv'd . the elements are but of ordinary use , extra rationem sacramenti : by that time they were reduced to their proper sphear ; and why may not the king upon reasons of state , send to search the pockets and closets of any private man ? when he found the correspondence between his kingdom and himself to be shaken , who could blame him to search the cause of it to the bottome , that he might prevent it for the future ? though the king did imprison them , it was in an honourable way ; he made them such an allowance , that master long hath professed , he spent the king l . there ; after which rate perhaps it might be of a surfet , that those died , who are objected . . themselves never made dainty of it to imprison their own members , during their session , without any cause exprest in their warrants , and without any allowance for their subsistance . what was commissary general coply imprison'd for , these six months ? some say , for nothing but telling what a clock it was , at a committee . others have been for as long a time , and for as little reason . the kings charging of the members , answered , and retorted . . this is true indeed , that the king did charge or impeach so many of the house : but then , . his majesty had some reason sure . whosoever reads the articles , and compares the consequences , will find them high enough , and be convinced of their truth . . if you consider the kings proceedings thereupon , his retractation of his own way and error in the processe , if it justled with any unknown priviledge , his desire of their direction , and ( when nothing else would give content ) his utter with-drawing of the charge , and if you reflect withall upon what other princes have done , what the law gives out , to wit , there is no protection for treason , you cannot chuse , but admire his lenity . . this is no more , then they have suffered , if not encouraged the army , ( their own servants ) to doe , unto double that number of their houses , and some of the same members , that had been charged by the king ; and this too upon lesse ground , if any at all , . i could tell them of doct. parry , a member of that house in q. elizab. time ▪ who was not onely charged but taken thence , condemned at the kings-bench for treason against the queens person , drawn and hanged before westminster-hall-gate , at the very time the members repaired to the house . i could tell them of more then this , but i passe it over . the kings going to the house , answered , and retorted . . though his majesty went unto the house , there was no assault made or intended by him , as far as can appear , without their comment . it had been a desperate attempt , with so few to set upon so many , and those backt by so great a power , and had seru'd themselves so far into the affections of the city . if any wild expression fell from the mouth of one or two of his retinue , why were they not seized on and questioned ? . this hath been so often acknowledged for an errour by him , yet still objected by them , that me-thinks they might blush at this mention of it . . what did he doe therein , which themselves had not been guilty of before it , and much out-done since ? we remember the robustious petition of the porters , and we know at what rates some of them were hired , by what devices others were cheated thereinto , it being told them , it was a petition , that water-men should be prohibited to carry burdens . the poasting of names , exposing the members of different judgment to the fury of the madding multitude , was a kind of force sure . so were the shoals of citizens , who came upon their invitation and encouragement to cry for justice . if those were not , we are certaine the reformado's were ( for many of them smelt ill then , and horrour was seen in the faces of most ) which the army taxeth some members withall . and the petitions , remonstrances , declarations , advance of this army , with their interposition since , are a violence beyond dispute . bringing the army to london , answered , and retorted . . none of those examinations ( which we have read over , all of them ) doe hold out clearly , that the king did intend to bring them up to london , onely to put them in a posture for his service . . this was limited , according to the fundamentall laws of the kingdome , and the liberty of the subject . . it amounted but to a petition , which is printed , and may be read in the first vol. of the decl . this came from the officers unto the king and those members of parliament . now in that conjuncture of affaires , wherein was the king too blame ? when the soldiers were discontented , the parliament grew high , there were visible symptomes of an intention to model the state anew , to cast out the government of the church . if the king did so far comply with them , as to allow ; nay , to countenance them , by an humble petition to represent their sense of the innovations they feared , and of a breach of the laws of the land , how happy had it been for us , if it had proceeded and taken place ? is it not the same , which this army hath accomplished to the destruction of the law , and dissolution of all legall authority ? the raising of war against them , answered . the raising of the war will be answered in another place . as for the aggravation ( a thing never done but by king charls ) it is no wonder ; since never king needed before to deale with a parliament by armes : one breath of his mouth was enough to dissolve them . the mock-parl . at oxford , answerd , and retorted . the mock-parliament was not to be so slightly thought of . themselves and their owne men , the army , appeale to the equitable construction of the law. and if so , pray what equity would justifie this parliament about that ? the king is confessedly one estate , the lords with him were two for one , twenty or more earles , as many barous , when two lords made up a house here often , and ten were thought a goodly number . nay the house of commons there were neer upon the number with those that staied here . did the wals at westminster make a parliament ? surely , in the equitable construction , those gentlemen made it much rather , who were called together by the kings writ , and sent by their respective counties and burroughs . but why do we dispute that ? did not many of these men , that talke thus , flee themselves ? did they not eat up an engagement with the army ? was there not an intention at least of another mock-parliament ? if their returne to westminster had not been so quick and easie , we cannot forbear to thinke , they would actually have done the selfe-same thing themselves , which they thus condemn in others . the mungrell parliament , answered . the king hath sufficiently explained himself for that matter , that he used that expression in reference to the earle of sussex and his faction , who had made a breach in that fair correspondence , that was maintained between them formerly . the charge of crimes done by his ministers . we proceed from the pretended faults , which relate immediately to the kings owne person before this rupture with the parliament , unto those done by his ministers , and those especially under this classis , concerne oppression of us in our estates . of which sort are the enforced leaues , privy-seales , coat-and-conduct-money , enlarging forests , enclosing commons , ingrossing patents , monopolies , &c. the answer to these in generall . to these in generall , . that they were put in execution in times of great necessity . the king was engaged in a bloody war , and by the incitement , encouragement , and promise of this faction of men , and deserted as soone as he was well entered ; the best revenue of the crown questioned , if not with-held . the king of denmarke beaten for want of supply , germany over-run , the protestant cause all over christendome in a precipice , great preparations made round about , hanibal ad portas . what irregularities might not be excused in such exigencies , by that supreame law of necessity , which bears out all transgressions ? . none of these were contrived by himself , many of them were by his counsell at law , many were suggested by mr. noy in particular , his attorney , a man well versed in the laws and ancient records of the kingdome , one who could have given a good accompt of his actions , and was once thought a great champion of the laws against arbitrary incroachments . . there was a redresse offered upon the first complaint , and the subject fenced by wholsome laws against any such future attempts . . the instruments who first contrived , or abetted , and put then in execution , are many of them in both houses , more of them in places of eminent trust : none of them all ever punished upon this score , but for some other fault . in particular , the privy-seales , answered . his majesty was so carefull to satisfie his subjects for what they had lent him this way , that he sold unto the city of london , land at . l. rent of assise , and out of the money due thereupon left and secured in the chamberlain of londons hand the summe of . l. . s. . d. to the end that out of this such might be paid , as had formerly lent unto the king , either by privy-seale , or otherwise , which the city made this advantage of ( not contented with such a bargain , though they paid for the purchase , by the very wood and timber upon the ground , as the king was informed ; ) they sent their emissaries into all countries , where they knew there were any of the kings creditors , who were ignorant of this assignment , and agreed with them at under-rates , nay for little or nothing , for the debt they accounted as desperate , and by that meanes at once deceived the people of their repayment , and the king of the reputation of his justice . forrests , answered . . the king herein used and followed the advice of his counsell at law , and of the lord of holland ; yet was his lordship their confident , untill this quarrell divided them . . what was done herein , was upon oath , and by due process at law. . his majesty remitted his clear right , where the people were troubled , for instance , a great part of the county of essex . . he allowed them to be bounded by the countries themselves . enclosing of commons , answered , and retorted . . it was done by vertue of law , which investeth him with that power . . it might have been for the benefit , not of the kingdome onely , but of the very particular inhabitants of those respective places , if instruments had done their duty . . the parliament keeps those in their possessions still , without refunding any compensation to those they pretend were injured . . nay at this time , they set upon a worke of enclosure of more then all the commons in england , which have been enclosed these . years ; i mean the draining of the fennes in lincoln-shire , whereby thousands of poor people are bereft of their subsistence , the adjacent parts are endammaged by the torrent of the waters turned upon them to their vast prejudice . engrossing of patents , and monopolies , answered . that i may answer these , i shall lay for a ground , that all graunts and letters-patents of the king of england are not monopolies ; though concerning trade , or manufacture , or the labour of the subject , or be appropriated to one man or more , as charters , priviledges , to cities , to townes corporate , to corporations , companies of trade , custome-house-officers , the registers-office in chancery ( now enjoyed by mr. miles corbet and goodwin , two members ) the clerks of the parliament , and many such like ; which were unquestionably used to be granted by the kings of this land , in order to the governing and well-being thereof . but those onely , which are notoriously evil before , or discovered to be so after , and are not for the manner of granting them , but for the matter accounted invalid . and therefore many great things of high concernment to the common-wealth have justly merited , and to this day do enjoy the warrant of law and authority , which were never confirmed by act of parliament , whilst others of lesse moment have troubled all the three estates for an act of parliamnet , as hunting the hare , paving of certaine streets in london , &c. now we answer . . that these were suggested by citizens or men skilfull in those wayes and advantages , which might accrew to the respective trades or manufactures , and so redound to the benefit of the kingdome . . that his majesty did alwayes make reference of these to his counsell , and to others learned in the law , as his attorney , sollicitor general , and masters of requests ( as divers yet alive can testifie , and judge jenkins hath testified to the view of all the world ) that they might examine the justice of them , and their proportion to the established laws , and that his majesty hath often given strict charge of great caution even unto them in their determinations ; by which meanes multitudes of monopolies which were by citizens and others daily represented and pressed on , were rejected , and the authors received a check . . that even those grants , wherein there was no discoverable inconvenience , but much benefit pretended to the kingdome , were for the most part made but probationers by him ; whereas either in the patent it self there was limitation expressed , and a proviso for their revocation , if they appeared contrary to law , or of damage to the kingdome ; or there was a bond entred into by the parties entrusted unto that purpose . . that upon any complaint made against them he caused it to be heard ( sometimes did it personally ) at the councell-table , where the lord keeper and the rest of the judges of his privy councell assisted him ; and about the beginning of the year . when he found the complaints to multiply against them , instead of hearing the patentees , he disanulled their patents by proclamation . . that divers of them are continued untill this day , as the post-office upon mr. prideaux of the house . the lord of warwick . the merchant adventurers . the greenland trade , and many more . . that this was done in all kings reignes , and errours of this nature have been committed , from ed. hen. . to queen elizabeths time ( when they multiplied to a great excesse ) and king james ; and they may be pardoned a prince , as well as the inconveniencies of sundry acts of parliament , ( which have been afterward found a grievance , and so repealed ) the three estates . . that many of those , who either sit in the houses , or are in great offices of trust about them , and are their favourites , were the contrivers , and instruments hereof , yet were never under question ; as sir john evelin , who had the first monopoly of powder ; sir h. vane sen . who wip'd him of it , and settled it upon his own servant , when it was the greatest grievance ; sir john trevor , who perswaded the king to the imposition upon coales ; mr. saint johns and cromwell , who represented and drove on the draining of the fennes ; the earle of holland , mildmay , alderman woollaston , who managed the monopoly of gold-and-silver thread ; smith , once secretary to the earle of northumberland , now in a great office. i must omit mr. whitaker , alderman gibbs , mr. ralph farmer , sollicitour for sequestrations in london , mr. reading the lord majors passe-maker , mr. jackson solliciter for sequestrations in westminster ; and multitudes of others , to whom they have offered signall favours since that time , never questioning any of them for their patents or monopolies . ship-money , answered . . this was first suggested by mr. noy for law , who had few equals in the knowledge thereof . . examined and approved by the lord keeper coventry , a man of great learning . . subscribed by all the judges of england . . when it was questioned by mr. hamden , a free debate was allowed before all the judges ( who give judgement upon oath ) and the businesse disputed seriatim for many dayes together , and at last determined for the king. in which debate ( by the way ) his majesty suffered the great arcanum of government , his high-prerogative , to be banded by their lawyers at a bar , which these men would never permit to be done by their priviledges , though they do petition for them in the beginning of every parliament . what fairer course could have been taken ? what better confirmation could the best right any man hath to his land of inheritance have then this ? . if themselves had not been convinced of the justice of the sentence , why did they once offer six subsidies to purchase the abolishment of it ? why did they not punish those judges , which we find they have been ready to advance ; as particularly trevor , who hath nor law , nor learning , whom they have sent at this time upon the circuit ; judge bramstone , whom they proposed unto his majesty for chiefe justice , nay and bankes , who was a great instrument therein , yet one they pitched upon for a place of eminent employment in their first propositions , &c. . lastly , the king condescended to abolish this ship-money by an act of parliament , and why should this be conjur'd up against him ? this charge of oppression upon our estates , by his ministers and officers , retorted . if these were oppressions , o what have we suffered since , by those who would make us beleeve , they are our saviours ! i dare confidently aver , and can fully prove it , that neither daneguelt , taxes , loanes , privy-seals , ship-money , &c. nor all the impositions , and grievous burdens laid upon the subjects by all the kings since the conquest , and equalize that masse of treasure , which themselves have either in their own persons and to their use , or by their instruments under pretence of the publike service , squeez'd out of the subjects of this kingdome , within these five or six years ; and that , for to make good their bound lesse priviledges , to establish them eternally in their tyrannous usurpation , and to make our selves with our posterity vassals for ever unto their vaine and shuttle humours . in particular ( to take the blame upon our selves of what we willingly parted withall , and what by their cheates were smoothly invited out of our purses ) have they not constrained us under the notion of loanes and voluntary contributions to give the twentieth and fift parts of our estates unto them ; at other times . l. . l. . subsidies , &c. which we should much rather have kept , but that the rest had been too little to expiate our deniall ? have they not ravished our children and servants out of our armes and houses , and compelled us not only to afford so poore an allowance as of coat-and conduct-money , but of horses , armes , and divers moneths pay unto them , nay slaine some of them that have refused , women that have interceded for their husbands , and children ? do not they keep all the forrests in the kingdome at their disposall , placing members of their owne therein ? if they do not enlarge them , do they not destroy them by cutting down the fairest timber-trees , &c. to the kingdomes dammage , though to their proper advantage ? do they not project how to improve them by enclosures and sales , through which hundreds , thousands of families must needs foresee their ruine at hand , who had their subsistance thereby ? are they not now in a hot pursuit of draining the fenns ( to gratifie two members especially ) which are a common ? doe they not detaine in their hands , what commons were enclosed ? doe they not keep on foot divers monopolies and imposts ? have they not erected some monopolies and offices , which were never before ? i will name only the projectors office , of registring judgments and recognizances , which in twenty or thirty years neither king james , nor king charles could be induced to grant . but have they not erected one in our kingdome , which once the nation could not endure the name of , and unto which all the rest amassed into one body , are but as a pigmey . i mean the excise , whose benefit is at least l . a yeare ; yet no publick charge borne out by all this , though all the revenues of the king , the queen , the prince , the bishops , the deanes and chapters , the delinquents , &c. are in their hands , being almost one moity of the kingdome ; though most of the rich offices be in their possession ; though there be particular impositions besides raised for ireland , for the scots , for the army , and indeed for what not ? and though they seize upon that old decryed grievance of tunnage and poundage , while they take no ship-money . the charge of the crimes of his courts , or such as concern oppression of us in our bodies . the third charge is in relation to his courts ; and here are laid in his dish our personall oppressions , as of cruell whippings , stitting noses , cutting off eares , fines , imprisonments , racks , branding cheeks , &c. the charge answered . our answer is , . that these things were done in courts of justice , and by men , who were responsible . . that these penalties were inflicted for high crimes , such as formerly had been capitall . . upon turbulent and obstinate offenders , such as these men have not been able to hold their hands from , since this session of parliament . . that the fines , imprisonments , and rigour of their sentences were frequently mollified and abated by his majesty . . that those courts , from which these things issued , are abolished , through his majesties grace and condescension . . that none of those judges hath hitherto been punished , if at all questioned for any transaction in the star-chamber , or high-commission-court . the e. of salisbury in the house of lords , and sir hen. vane sen . in the house of commons were men , who gave their suffrages unto that sentence against lilburne , of those cruell whippings against pryn , bastwick , and burton , of those cuttings and brandings ; and when were they charged therewith ? was it so much as once objected against them ? the same , retorted . these are the severest courses they can object against his majesty . but are these any more then flea-bitings to what hath been done without punishment , or so much as a check , by their committees , armies , courts of justice , nay by their own members ? the barbarismes of their committees ( a name now sufficiently odious ) would fill a volume bigger then the book of martyrs . their whippings , their tortures , their imprisonments , even to the starving of multitudes , of not a few equall to the best in their respective countries , upon ship-board , in such narrow cabbins , and other places provided on purpose , that they had not roome to stand upright , or lie at length , untill even their sinews shrunk , their bodies were eaten by vermin ; and this for no manner of cause , but their conscience . nay , we can name the men , who have been sequestred and imprisoned for five or six years and still are so , yet never heard one accusation laid against them unto this day ; and others , who have after that been adjudged innocent , yet dare not call for reparation of their estates , or any amends for their sufferance . their very army and petty officers take upon them to domineer , and play what pranks they list . among a multitude of their later cruelties , let me tell you one story from sussex , of a thing done , since all pretence of martial-law hath ceased , and in a county where they lived gratis , by a formall processe , when most of the gentlemen of the shire were present and interposed . one mr. lover , a yeoman of good fashion , who had formerly served as their party , was by a sentence of a councell of war consisting of one major husbands , one cornet , and three or four corporals , at the market-place in lewis clapt neck and heels together , and used there with that severity , that he sounded upon the place , and hath not to this day recovered his health ( though it were done two moneths ago . ) and this for no cause , but for telling some soldiers , when he saw them in his own grounds dipping two lewd women after an obscene way in a pond , that he could not envy their churches such members ; for they were known to be whores by all the countrey . after complaint of this wrong made to the house , it was referred to the officers of the same regiment to make enquiry after it , and to punish it ; which was done by a preferment . have they not licensed a villain to wander about the whole kingdome , who by watchings , fastings , and tortures , compelleth poor silly people to confesse themselves witches , and upon that accusation and proofs as weak , they have lost their lives ? have they not others to carry away poor children , who under that pretence purloine whatever they can lay their hands upon , and send them unto new plantations ? look to their courts of justice too , you shall find westminster-hall , and the country too filled with clamour against them : the poor client eaten up alive , crucified with wearisome attendance ; his purse exhausted by bribes , his cause proceeding , like to penelope's web , one day forward , and another backward ; at last he hath an order or a judgement , which signifies nothing , or is the seale of his oppression . and this must be no otherwise , while the members over-awe the judges into what judgment they please ; while the sentence is resolved on first , and the cause heard after ; they cutting them out such hallifax-law , to execute before enquiry . of multitudes , let me pick out these three for instance , very late and fresh in memory : the commissioners of oyer and terminer being resolved on against capt. burleigh , the judge was to be chosen . godbolt was proposed , but by master lisle rejected , with these words , let 's not have him ; in my judgment we had best pitch upon serjeant wild , he will doe the businesse . the committee of both houses for oxford concluded to expell doctor fell from his deanory of christ-church , and vice-chancellourship , before ever they heard him speak , and assigned his places to another . but after the humour was over , and they conscious to themselves that the character of injustice was very visible upon that action , the order was reverst : but within a while after under the pretence of a formall processe the same thing was done , the same man established in his room . judge jenkins is now condemned to die by an ordinance , upon meer hear-say , and before one witnesse was examined upon oath against him , as far as it can be done by the house of commons . the charge of ecclesiasticall courts , or concerning oppression of our soules . but they have not done yet . they charge the king with lording it over their soules , no lesse then their bodies , leading them captive into superstition and idolatry , triumphing over them by oaths , ex officio , excommunications , ceremonies , articles , new oaths , canonicall oaths , &c. that answered . to these we answer , . that they were done by the bishops and their courts ; and why do they baulke the counsellours , the principall actors hereof , and blame his majesty , being for most part but passive , for believing men ( who at least pretended to sanctity and knowledge ) in their owne waies and government ? . that most of those supposed crimes and objections were practised ever since the reformation , and established by the laws of the land. even in q. elizabeths time you may read , the oath ex officio was urged , ecclesiasticall constitutions made , subscription urged , articles at visitations given , &c. . those innovations which were begun , were not so many as were exclaimed on ; and some of them renovations rather then innovations ; some unjustly censur'd , as tending to innocent and due decency in the outward worship of god ; proving offensive not so much for their own sakes , as for the men that used them and pressed them immoderately , men also otherwise distasted by many ; nor were they ever practised but by some particulars , and in some places ; nor were they in doctrine , or in the substance of religion , but in the forme and circumstance of worship ; besides that all of them have been long since forborne and buried , therefore maliciously raised up thus againe , to throw them in his majesties face . . the power and jurisdiction of those courts was extinguished by act of parliament , with his majesties consent ; though it had been much better for us to have suffered under them , then under the remedy . . we never had assurance , that the government intended should not have been more oppressive and burdensome . nay , we had great reason to expect , our whips should have been turn'd into scorpions ; and our redresse , but as the proverb holds forth , out of the prying-pan into the fire . their penalties were as high ; the temper of the men entrusted with their execution , as keen . col. leigh openly professed at a committee even against those , that had been pillars of their cause , and champions for it in the field , it was unfit any of them should live in the kingdome . mr. edwards in his gangraena is as tart . their power of excommunication is as large , but allayed indeed with a liberty of appeale from one court to another , at last of all to the parliament , which is a mare mortuum , that swallows up all causes , never making a returne of any ; or at least a labyrinth , from whence there is no redemption , but by a golden thread , and is compendium of all grievance . that retorted . but let us grant them their plea ; how much better had it bin for us to have endured that yoake , and been lorded over in that manner , then by these men , as now we are ? how many millions have they brought unto the brinke of hell by their oathes and vowes ? doe not they themselves give us oaths at their committees against our selves , and our dearest friends ? have they not instead of superstition in the forme of worship , brought us into a profanation , if not an abhorrence of the worship it self ? how many prodigious doctrines , heresies , blasphemies have they suffered to be broached , abetted , and protected ? how many whole parishes have they in a manner excommunicated ? by taking away orthodox ministers ( and such as there was no other exception against , but that they were of signall piety and learning , and refused to act against their conscience ) by that meanes not onely debarring them from the sacrament , but all other ordinances , and exposing them as a prey to sectaries and hereticks . this theame is infinite , if i should enlarge upon it : but because themselves are so short , i passe it over in the same manner . a collection of all their objections against his majesty , since the rupture . the objections against his majesty , since his absence from parliament , are reducible to these few heads : first , of commencing war against them , which never king did , but king charles . secondly , of refusing petitions for peace , and all overtures , which might tend to make up the breach . the former they labour to confirme : first , by the preparations he made before-hand . secondly , by the intelligence they received from abroad ; in particular , . raising of regiments under pretence of the service of portugal . . ammunition and guards taken into white-hall , and the tower. . the lord digby's appearance at kingston upon thames , in a warlike posture . . his letters to the queen , advising his majesty to retire to a place of strength . . cockran's instructions to deale with the king of denmarke for forces , which the king called a vile scandall ; but yet they were afterwards taken in his cabinet . . commissions to the earl of newcastle , and col. legg , to seize on newcastle and hull . . bringing of ordnance in ballast of ships . . the queens going to holland , and by pawning the crown-jewels , procuring ammunition and money . . raising guards , and this , when he protested not to thinke of war against his parliament , getting subscriptions , proclaiming them traitors , setting up his standard . the latter they prove : . by his refusing particular petitions for peace . . his never condescending to any proposition , they made ; though so reasonable , that they might seem to have resigned up their judgements , no lesse then their desires , for an accommodation ; and had made seven severall applications to him , for that purpose ; though they never had any proposall from him , reasonable for them to accept ; which they aggravate in that he would not heare the cry of thousands of families ruin'd , which cruelty it self would pity . . by his making advantage of their treaties ; as when he appointed windsor , and they were in preparation to a treaty , he advancing surprized brainceford ; where his men having committed horrible cruelties , were forced to retire ; and when under colour of renewing a treaty , he sent a commission to destroy them . . that even since he hath been in their power , he would not harken to propositions sent unto him at hampton-court , nor signe so much as four bills , which were only in order to their security during a treaty , since he was in the isle of wight , though those made way to a personall treaty upon the rest . to all which i shal answer . the generall answer . that the king did not begin the war , may first be concluded from the improbability thereof : . themselves assoile the king from that fiercenesse of disposition and inclination to war , when they make that comment upon the lord digby's letter , who writing to the queen , among other passages , hath this for one , i have taken the hardinesse to write unto his majesty , according as his affairs and complexion requires ; which they interpret to be a mildnesse of spirit . . there was a very vast disproportion between his strength and theirs : for . the affections of the people , and the wealth of the kingdome were all at their devotion ; the king being looked on but a-squint ( though causlesly ) by his subjects . . the ammunition and armes of the kingdome in their power . . the navy at their dispose . what king ( said our saviour ) going to war against another , sits not downe first , and considers whether he be able with his ten thousand to meet him that commeth against him with his twenty thousand ? it could not have stood on this side madnesse , for our king to harbour such a resolution , to meet them , or set on them rather , that had i will not say . but . against his one. secondly , granting their proofs all true , by what logick doth it follow , that all this was done by the king , with an intention to leavy war against the parliament ? a preparation may be for defence as well as for assault . we have not forgotten , that it was one of their own arguments , whereby they pressed for putting the kingdom into a posture of the militia under their command , because they heard of great preparations in spaine , france , denmarke , and god knows where . at this time they themselves doe fortifie newcastle , have farced thereinto a garrison of men , into tinmouth-castle . &c. but would they be well pleased with that inference , therefore they intend to make war against the scots ? if a ship at sea discover a man-of-war , it is no defiance to clear her guns , open her port-holes , let down her wast-cloaths , &c. in spaine , if one man draw his sword , all the company draw theirs also presently , whatsoever the occasion be . i have heard of a gentleman who never sees another take up a sword in his hand , to look on , to shew , to buy , but streight he draws his owne ; and gives this reason , doe i know what the devill may tempt him to ? when his majesty perceived such unusuall and unseemly expressions , high and insolent demands , no satisfaction he could give accepted , words uttered in his face , that he was not worthy to reigne , and those by apprentices , and by the scum of the people , the power of the parliament to depose kings , his indeserts for that high place , liberally in all companies made the discourse of their confidents , yea of their own members , the militia not only demanded , but wrung out of his hands , his own ammunition seized on , towns fortified against him , the navy disposed of contrary to his desires , was it not then high time for him to look about him , to project his own safety , to prepare against the storm thus hanging over his head ? which if he had failed to do , he must have cast himself down at their feet ; and so had he made good what at the beginning of these troubles ( for want of other accusation ) they spar'd not to bespatter him withall , that he was but a degree from an ideot . as for the proofs in particular , they are so frivolous , and yet have had such frequent effectuall answers in his majesties declarations ( which are to be seen in print , published by husbands their owne printer , and are so very well known among us ) that i will spare both my self and the reader the paines to insert them in this place . this charge made good upon themselves . but to lay the childe at the right fathers doore , the truth is , though this war were the hand of god upon us all for our crying sins , and the first rise of it were almost as unsearchable as the head of the nile , yet are there some tracks , that infallibly fasten it upon the houses . if you will allow the first defiance to begin the war , it was the parliaments remonstrance ( piget meminisse ) sent unto the king at hampton-court , which some of the wisest contested against , and among others upon this ground for one , that it must be presented upon the point of a sword . if you make it to relate unto the first guard , the parliament raised that , when the king was in scotland . if to the first violence , it came from the tumults at westminster for justice on the earle of strafford , and for expulsion of the bishops , acted by the citizens , but incited and incouraged by members of their owne house ; besides the conducting of the five members by a just army to the house by land , and besieging as well as shooting at white-hall by water . if the first manning of the garrisons , it was by the parliament at hull ; if the first army , it was begun by the parliament under the earle of essex , who had an army of and upward , when the king had not one thousand . if the first blow between them , did not their army at edge-hill first give fire to the cannon ? indeed , we must acknowledge , the king trod in their steps , sometimes foote-hot , and most an end wrought by the pattern , they had cut out for him . the same thing may further be cleared by the confidence and assurance of their friends , that there could be no war ; that it was enough for the parliament to raise an army , the king would never be able to do it , or at least so as to ballance theirs ; and then he must lie at their mercy . thus ran their discourse among themselves , this was the presumption of their junto then . nay such assurance had they hereof , that mr. hamden himself ( as quick-sighted as the best behind him ) offered to lay an hundred pound to a shilling thereon . let mr. lilburn speak , if still you are to be convinc'd , an agitator at that time , and one who knew the secrets of their cabinet , they have engaged the kingdome in a bloody war , under pretence of vindicating the laws and liberties of the subject , but never intended ( god knows ) any such thing , but meerly by the blood and treasure of the people , to make themselves lords and masters over them , oppressed mans oppres . p. . the kings refusing petitions for peace , answered . now to clear his majesty from the charge of refusing petitions for peace , or overtures to that purpose . . it can hardly obtaine credence with a prudent man , that the king should turne the deaf eare toward a just peace , because it was for his own interest . both sides fought upon his score ; those that died in the quarrell against him , were his subjects . he was the poorer for the very plunder and destruction , that fell upon his enemies . he had three crownes at stake . his eares and eyes were continually filled with the desolations of his country , & the spoile of the people . in his owne person he was stript of all the usuall comforts of his life , and for most part hunted as a partridge upon the mountaines , and in continuall danger . whereas our masters at westminster continually gain'd by that , which other men lost by . how else were it possible , that they and so many of their servants and officers should start up into such estates , from the very dunghill , or a lost condition ? they were at little hazard , some of them being of an estate , twice or thrice sold or morgag'd for more then the worth , others worth nothing . they made sport with the relations of burnings and massacres , and heard them as some romance , when themselves sate voting securely at westminster , snorting upon their downe-beds , feeding upon the delicacies of the kingdome , dividing the spoiles of it among themselves , even at least . l. professedly , ( to say nothing now of clandestine wayes , cleanly cheates , offices , &c. ) besides , they were well acquainted with that maxime of alexander of parma , that when subjects draw their swords against their prince , they must fling away the scabbard . . if you revise the pretended petitions , you will find they were ( for the most part ) as great reproaches , as ever otherwise were cast upon the king , such as must needs beget a prejudice , and carry their answer in their very fore-heads . . they were not petitions for peace , but rather admonitions to the king to submit , to devest himself of his strength and power to protect his people , for to sacrifice his friends , to cast himselfe upon their mercy . who could blame either them for making such petitions , or the king for denying them ? . if you know the ends and designes they drove therein , so well as we who sate neere the chaire , and sometimes convers'd with the councell , you would rest fully satisfied , that they were rather to get wind of the king , to appease the people , and winne their affections by a seeming dissembled affection and pursuit of what they so much gasped after ; when god knowes , they never harbour'd the least expectation or desire of condescension from the king ; and that they made no bones to confesse among their confidents . . it is false and impudent averment , to pretend that any petitions ( though of this nature ) upon such grounds , were rejected by the king ; or indeed had not a faire answer given , and such a one as in our judgement might have satisfied reasonable men . his majesties not admitting propositions answered , and retorted . now to clear his majesty from that aspersion of not admitting propositions , or making any fit for them to receive . . we desire the reader to take notice of the severall offers the king hath made . . before the warre was throughly kindled . jan. . . booke of declarations , wherein he did upon the matter send them a blanke . . before much blood was drawn , his messages from nottingham which you may see in the same booke . . his propositions at severall treaties , at colebroke , oxford , vxbridge , ( which last was ingenuously and without a false glosse exposed to the world , yet never to this day had any answer ) in most of which never king made appearance of more gracious condescension to a disadvantagious composure , had it been possible . whereas they never yet made any , but such as expected from him , . to sacrifice his honour . . to violate his conscience . . to give his fastest friends for a victime unto the fury of their enemies . . it is too evident a truth , that whatsoever they pretended of an inclination to a composure or making up the breach , it was but to baffle and gull the people . ad populum phaleras . they were resolved to hold the sword naked , and to throw away the scabbard . how otherwise could they have proved such deafe adders to the many gracious messages from his majesty ( besides the propositions mentioned before ? ) how could they cast behind their backs so many sweet courting letters , dispatch'd one upon another ? what colour can they pretend , for their waving of the french , and hollanders interposure , when they made friendly offers of mediation ? nations , the one to whom formerly the king of this land with his disobedient barons , made reference of their differences : the other , of our owne profession , maintaining that discipline of the church , which these men doat upon , as their great diana , and having lately screw'd themselves into the independency of a free state ; both of them indifferent to our quarrell ; and if any biasse hung upon the latter , it must be toward the parliaments party . . besides it is not quite out of our memory in this city , that when the generality of the better and wiser citizens were assembled at guild-hall in a peaceable way to draw up a petition for peace , there were twenty or thirty men with drawn swords ( of which mainwayring's son was one ) sent in amongst them to assault and provoke them to a defence of themselves , and to reciprocall violence , so that they might have some pretence to charge them with mutiny and riot ( as was done by a scandalous and lying paper , afterward put forth by their authority ; ) and that by killing some ( as one was served by harvies owne hand ) and imprisoning others , all such hopes or least motions that way might be extinguished . nor have we forgotten , how divers buckingham-shire people , being assembled to like purpose , about the time of vxbridge treaty , were dispersed by their horse , and some made prisoners . we passe by many , but these are enough to demonstrate , who were the most resolved against any peaceable conclusion . . the circumstances of their propositions clearly prove , that they were in a great fear lest the king should condescend ( though they were never so unreasonable ) what else should be the meaning of their limiting his majesty to six , to ten , to twenty dayes , but for fear lest any further time and consideration should make him grant them ? and what , of their requiring certaine numbers to be left to their mercy without any name , but by that means to amuse his majesty and keep him in suspence , which of his friends should be mark'd out for slaughter ? and since the armies march through london , what of their leaving all such out of their votes for indempnity , as had any hand in that message of the king of may . last , wherein he offered all that possibly could be offered , or in approbation of it ? observe , how they confesse ( in their last declaration for no more addresses to the king ) that their propositions sent to newcastle were the same in effect with those at vxbridge , and those at hampton-court with those at newcastle ; and yet how much time was spent between their sending of them ? brainceford busines answered , and retorted . now whereas it is pretended , the king took advantage to assault their quarters at brainceford , while they were in treaty , our answer is , . that there was no provision made for the suspension of all hostility , during that space . . that propositions were but pretended to be framing ( which have often taken up many moneths in parliament ) not sent unto the king. . that they did not accept of the kings motion , to allow him his own house at windsor for his use . . that even the day before , there were divers men drawne out of london into kingston , with ordnance and ammunition sent towards the kings quarters ; the earle of essex , and waller , and the earle of warwick , were in earnest preparation to advance ; the countries round about were summon'd , and in preparation to march . upon which let any reasonable man judge , whether it were fit , the king should be meerely passive and permit them either to surround and shut him in , or to creepe into such advantages over him , that if he had over-slipt but that nick of time , he could not have redeemed himselfe and his forces out of their hands . and since that impertinent passage is foisted into their declaration , that he was forced to retire with shame and losse after so much cruelty committed in brainceford , ( agreeable to a false relation published at that time by their command ; ) let all the world know , divers of this city being witnesses of it the very next day after , that there was left in that towne , after the royall armies retreat , both abundance of bread , drinke , and wine , and also provinder for horse ; nor was there any , but here and there a disaffected person , sustain'd any considerable losse , which thing border'd upon a miracle , being very rarely practised by any army especially so ill paid , to lie there of them together for a whole day and night , in an enemies country , a towne which was defended against them and taken by assault , and follwed in the reare by a potent army , yet to commit no more outrage . i am sure , these men can produce no such instance on their own side . now the parliaments party , when they afterwards came into the towne ( i know the men , that saw these things ) killed divers of the kings souldiers , who were left drunke in the streets , and taking that honest italian revenge , to send their drunken soules to the devil ( as much as in them lay ) together with their bodies to the grave . also their souldiers pull'd down divers houses to the ground , under pretence that their owners were of the conspiracy to bring the kings army to the towne ; plundered the houses and shops of others , nay of one who was in service in their owne army , drag'd poor wounded men by cords tied about their necks , pricking them behind with pikes and swords , twitching some up at a carts-taile by roaps about their necks , then letting them down again , under pretence that they were irish , and to make them confesse , whereas they were poor welch , and could not speake our language . moreover they forced women into the thames , there pricking them with their pikes , and striking them under water , to put them to many deaths at once , under the notion of irish women ; and all this inhumanity without any check from their commanders . the commission under pretence of a treaty , answered . for the commission to murder them under pretence of a renewing the treaty ( as they are pleased to style the commission of aray . ) . it was onely to arme some of the well-affected loyal citizens , that they might vindicate their liberty . . there was small probability , that much blood ( if any at all ) should have been spilt , had the designe taken place . . it was no more then themselves have done , and sped better in , as at shrewsbury , hereford , eccleshal castle , &c. prosperum & faelix scelus — virtus vocatur . . stratagems were never lesse lawfull then open force , against an enemy . the propositions at hampton-court , answered . as for the propositions they sent unto the king at hampton-court : . they were the same as formerly ; and though here and there a word was mollified , yet in substance they were more unreasonably rigid then the former . . they were huddl'd up here , the scots being not warned of them , but the very night afore , yet appointed to be present at the delivery . . they were never intended by themselves for the kings condescention , onely sent in a formality , and out of a meer purpose to encrease the number of their addresses . which was the more apparant , in regard master peters with divers of the army came to quicken the parliament , by this false asseveration , that they were very sure , the king would grant them , whatsoever they were . the sollicitor pressed in the house of commons for a complyance in one proposall , giving this for a reason , that they might gaine the greater advantage upon the kings refusall , as he was assured that he would refuse ; but in case the king should yeild , he had a way to frustrate the advantage , which the malignants might expect . . that the king might be encouraged to wave them , the army had presented him with proposals , which were much lower , and might better be digested by him ; some say ( and those of their own house too ) on purpose to indispose him toward the parliaments propositions , and so render him the more obnoxious , to what they projected against him . the bills presented at the isle of wight , answered . as to the bills sent to the isle of wight . . they were protested against by the commissioners of scotland : and who would not look upon it as a strong dilemma , either to dis-oblige and irritate that nation with the presbyterian currant here by his assent , or the army's faction and independents by his assent ? who would not judge it better to take in the interest of both parties , and so cut off the danger of further embroyling the kingdome , which his majesty most wisely and christianly for the prevention of further bloud-shed , offered . . those bills were voted by many against their conscience , who did ingenuously professe as much , and that they wished , they might not be yeilded to ; giving this reason , why they had so passed them , contrary to their minds , if they should have given their vote against them , they must incur the imputation of being enemies to peace ; if for them , a tyranny would be established in the army and independent party over the kingdome . . the matter of them was utterly to enslave us all , and put us under the arbitrary power of a faction for ever : for by them a power should have been granted the parliament ( which i pray , what is it now in effect , but the army , and that faction ? ) of pressing any men without limitation , and of raising what sums they pleased , from whom they pleased , toward the charge , and also of disposing this strength , according to their will. . the king had not onely destroyed the liberty and property of all his subjects hereby , but put himself also under a power to compell him not onely to grant the rest of their propositions in a personall treaty , but what else soever their boundlesse ambition might have tempted them to demand , without any provision for his owne honour , or his owne and his peoples safety . for every man can tell himself this plain truth , that who so wears the sword by right investiture , needs no other law or logick , and ( as the wiseman answered craesus ) he that brings the better steel , will quickly be master of the gold and silver . . the treaty was not promised to be personall , but by commissioners , and that at the isle of wight ; who should have been coopt up within such rules and instructions , that they should not dare transgresse in a word or tittle , without recourse to their masters at westminster : and his majesty treated withall as in a prison , which must have invalidated the conclusions between them , and given his posterity an advantage which the king himself was not willing to , that he might establish the peace of the kingdome upon the surer basis and foundation . . the persons , most likely to have been designed for this imployment , were engaged perhaps to represent the worst sense of the transactions , to make it their chief work to incense the parliament , and to infuse into them a new quarrell against the king ; as those did , who ( being to account for the passages at the delivery of the propositions at hampton-court , the king having importuned them to intercede for a personall treaty , and in his earnestnesse letting fall this expression , if i may obtain that with my parliament , all the devils in hell shal not hinder a good agreement ) did thus mis-report his words , if i cannot obtain a personall treaty with my parliament , all the devils in hell shall not defeat me of my resolutions . i forbear to tell , how the passages were clipt , and the worst part only related in the house of commons , by the major part of those , to whom that charge was given from the isle of wight . the charge in reference to the scots . their charge against the king in reference to the scots , is the first of those that relate to foraine estates , and this is it : . that there was a new book of common-prayer and canons imposed on them . . an army was raised to force them to receive these innovations . . the articles of pacification were broken , and burnt by the hand of the hang-man . . a new war was leavied , &c. the answer to that . our answer is , . this was ever before the impeachment of strafford and canterbury , and others ; esteemed the action of evill counsellours about his majesty . . if it were a crime , those men have expiated it by their death , it being a great part of that burden that sunk them even to the block . . the scots themselves are satisfied ; and why we in england should be so officious , as to take up their quarrell , when they sit down themselves , i know not . . these passages are buried by an act of oblivion ; which although these men break thus for their own ends , we shall better observe . and though the king might be acquitted from what they tax him with herein , yet we had rather suffer those sparks to die of themselves , then kindle the flame a-new , or blow abroad the ashes . the charge concerning ireland . in their charge concerning ireland , we find they are industrious , omitting nothing that can be imagined , whereby to fasten on his majesty an allowance at least , if not a positive command of the rebellion there : and because they set so much of their rest upon that , you shall have most of it , and in their own words : it is well known , . what letters the king sent into ireland , by the lord dillon , immediately before the rebellion . . where the great seal of scotland was , and in whose hands , when that commission was sealed at edenburgh to the irish rebels , who dispersed copies thereof with letters and proclamations ; and we have a copy thereof , attested by oath , with depositions of those who have seen it under the seal . . which was promised ( by the confession of some of the chiefest of the rebels ) to the irish committee at london , being most part papists , ( which was thought a good omen ) and since most active rebels . . vpon whose private mediation the king gave away more then counties , saying , he expected , they should recompence him . this answered . to wipe off this calumny , . it is clear by their own testimonies , and by the confession of divers among the rebels , that this rebellion hath been upon the anvill these many years ; some of their priests acknowledging , themselves had travailed therein above seven years ; others six , &c. which you may learn from sir jo. temple , in his discourse of the irish rebellion , p. . ( which book i shall often and the more chearfully urge , because he was a privy-counsellour in ireland , present there at the time of the insurrection , and long after ; a person dis-obliged by the king , a parliament-man here , and one that hath given up his name to their faction , that run most at randome . ) now how can this be admitted by any prudent man , that the king should be so infatuated , as to conjure up such devils to disturbe his kingdome , when it was in peace ; to destroy his subjects , who had no thought of dis-loyalty toward him ( of whom those that are yet left , for the greatest part , continue firm still ) to ruinate the wealth of that people , which afforded him a considerable revenue , which also was to be improved . . the same author is confident , that though their intentions in ireland might be to set up the popish government , yet their prime aime in this rebellion was to shake off the english yoake , to settle the power wholly in the hands of the natives ; the other they made use of , only to draw in poor ignorant people to sacrifice their lives for them , p. . & . and he gives one reason for their encouragement hereunto , that the scots had by their armes and wise management , drawn his majesty to condescend unto their entire satisfaction , both in discipline of the church , and the liberties of the kingdome . and these things are attested on oath by divers ; as in the examination of one cooke , who deposed , that tirlogh brady should say , all the irish were risen against the king and the counsell , that the irish would within a fortnight have a king of their own , the examination of alice tibbs , p. . the same deposed by avis bradshaw ; that they had a new king by r. bartar . p. . of the like nature were many other examinations taken , that they had the scots for a president , they would have the kingdome in their own hands , laws of their own , deputy of their own , without molestation from another nation ; this was sworn by j. bigar , that he heard one eustace a commander professe , p. . with many other of like importment , in a book called a remonstrance of passages in ireland , presented to the commons of england , and recommended by the justices and councell of that kingdome . now they that can think , the king should concur in a design to devest himself of one of his own crowns , doe certainly under the same thought suppose him void of common reason , without the use of his right wits . . there was never any officer or man of quality , not the lord mac-guire himself , who was in the contrivement of the rebellion , that did ever in good earnest , when he was in the power of the english , and under sentence of condemnation , nay at the point of death ( which is no time to dissemble ) that ever did affirme the king any way privy thereunto . though mac-guire was much importuned , fairly promised , threatned , nay turned off the cart , and recovered again ( a fact too barbarous toward a very rebell ) did acquit the king upon his death ( to use his owne words ) and any other man in england , except one , and he but a private gentleman ( who came by chance , as he said , to the knowledge thereof ) from being guilty so much as of knowing it . . in all his majesties declarations , messages , letters , speeches to the parliament , he doth not onely speak with much abhorrence and detestation of them , but conjure and excite the parliament , to relieve his protestant subjects there , and to revenge the bloud that was shed , offering his own person , and all other concurrences therein . . it may be added , that most of the soldiery , imployed in that action , most of the ministry , expulsed by the natives , most of the english gentry who had their abode in that place ( even sir hardres waller was so , before he came over ; and that so high , that he told the lord of ormond , though sir w. waller were his kinsman , he had learnt to spew such out , as forgot their allegiance to his majesty ; and since that , untill he saw this side thrive best , and last of all the independents , to whom for their successe sake he hath glew'd himself ) are but cold friends of the parliaments , and adhered to the king , at least in their opinions ; which they could not possibly have done , if they had ground to suspect , their miseries to have been derived from him ; especially considering their necessities , and the hopes they might have from the parliament of subsistence , if not of preferment also . particular answers to the particular proofs . although by what hath been spoken , his majesties innocence be as clear as the noon-day , yet we will be at the pains to follow these men through every step of their track . . of the seale of scotland to the rebels commissioners . . it was a wonder , the scots could be ignorant of it , by whom the king was sufficiently watched ; and onely we english at the distance of miles , and nothing interested therein , should have such intelligence . . it is easily averred ; but untill we meet with better proof then their bare word , we have but a poore deale of reason to believe them . . mac-guire upon his death professed he never saw any , who had as much reason to see it as any man , having been a prime agent in the very contrivement of that rebellion . . if a commission under the seale was shewed and boasted of , it might easily be done . what difficulty was there for them to make one , and afterward set it to what they pleased ? ( we know , who did as much , and issued out commissions against the king in his name ) what great labour was it to fasten an old labell to a new parchment ; faire enough to deceive those , who were willing to be deceived ? nay , how weak had they been , if they had not done so , and done what else was possible to ensure their owne side , to amaze the english , and cast bones between us ? . it is of no more truth , because affirmed by sir philem oneale , or by others of the rebels . the same persons did withall ( if these declarers had been pleased to quote the whole evidence ) affirme , that they were sure of the scots to be of their side . remonst . p. . that they had the e. of argyle's hand and most of the nobility of scotland , ibid. that the king himself was in person among them . these , and many other of the same bran , sir j. temple tells us ingenuously , were the devices to delude others and to distract us . the copy of it and the oaths may be called in question , when there are no particulars named ; but if true , they may be suborn'd on purpose , or be of that false commission , which was given them by their owne king tyrone , for so some of the examinations doe testifie , they cared not for king charles , and had a king of their own , p. . of the remonstrance . . his giving counties , and other acts of grace , answered . for those acts of grace , imply'd in the letter by the l. dillon , & giving up counties upon the private mediation of the commissioners : . it argues their ingratitude , not the kings concurrence ; in that they would , after so much favour , so far dishonour him , and seek his mischief . . they were granted at such a conjuncture of time , that the king had been taught more lessons then one , against irritating of a kingdome , or exasperating of waspes ; and was concerned to give them satisfaction , rather then let them carve for themselves , according to the examples they had before their eyes . . these were granted by him , not by private mediation of the commissioners , but by the importunity of both houses of parliament , ( see sir jo. temple , p. . ) by whom they were sent , and under the notion of redresse of grievances ; in which it is worth your notice , ( what our author testifies ) that many of the protestants in parliament were made instrumentall to them , under pretence of ease and redresse of grievances . . those acts were thought necessary by the lords of the counsell ; and further grace , and it is called by our author , an unbending themselves into a happy and just complyance with the seasonable desires of the people , and mollifying the sharp humours , raised by the rigid passages of former times . . his not disbanding the irish army , answered . that the irish army was no sooner disbanded , was . upon point of honour and safety to this kingdome , whilst the scots kept theirs on foot , it was for neither to disband , . for that kingdome . had these men been sent into spaine ( as was intended by the king , and in good earnest sollicited by that embassadour , but opposed by the parliament ) that place had been disburdened of so many pests . how doth it reflect upon the king , if the natives had another designe besides his ? i am sure the same author confessed , that the natives were very unwilling that they should be sent into spaine , as much as the parliament here . . their pretences for the king , oaths , &c. answered . that they pretended to vindicate the king , took an oath of allegiance to the king , stiled themselves the queens army , or in their letters of mart gave in charge to spare the kings ships , . it is of no moment , but to shew their cunning and care to maintain divisions among us under that colour . it is not long , since we had such protestations taken and enforced ; our armies at the beginning pretended to fight for king & parliament , &c. and we have read of an old stratagem of hannibal , to plunder and ravage all other mens lands and estates , except those of fabius , whom he most hated , that he might by that meanes nurse up a jealousie in the people against him . . the suspence of the proclamations , answered . that it was long ere the proclamations were issued , and but neither against them : . 't was the advice of his councell there , who knew the state of that kingdome , better then our parliament ; and who hoped ( as sir jo. temple intimates ) that they might have been reclaimed by gentle means , whilst rough and hard usage might have made them desperately persist in , and grow to a greater head of violence . . besides that , they thought it wisdome to doe more themselves , by giving armes even to the papists of the pale , by dissembling their knowledge that they had been of the conspiracy from the beginning , by forbearing acts of hostility , even against professed rebels in their country , by kind invitations of them , when they had actually imbrued their hands in the massacre . . the earle of leicester's delay , answered . . the delay of the e. of leicester was not his majesties fault , but the parliaments , for when his majesty had given him commission and instructions , which the houses called for , examined , and could not quarrell at , yet was his lordship kept here six weeks after , without any dispatch or supply answerable to that imployment . afterwards , going from hence to chester , upon promise that necessary supply should be speeded after him , he staid there five or six weeks without any . in which time this unhappy war brake out , and occasioned the king to send for him for some time . . it would have been disadvantagious to the conquest , while his single person not attended with a power answerable would have rendered the condition of this kingdome despicable , and have encouraged the rebels to more impetuous resistence ; whereas being in suspence and expectation of a greater supply against them , then he could have brought , they went on with more caution , and a slower pace . . at least it could be no more dammage to the service , then it was to supersede his son the lord lisle , from execution of his commission and voyage thither , untill the time of it was neer expir'd , as themselves did . . divers officers going over by the kings passe , answered . that divers officers and papists of quality went over into ireland , by help of the kings owne hand-writing , who there proved active rebels . . hath been often answered by the king. . might be done to a good purpose , many of them being publike persons , and making great protestations of loyalty , might have done good service in moderating the rest . the lords of the councell gave to papists not onely commissions , but armes ( as you may read in sir john temple ) that so they might engage them . . might be done by misprision , or be counterfeited . i have been credibly informed , that more then priests and desperate rebels went over in one regiment of their own sending from chester , and i am deceived , if some booke printed by licence from themselves doe not declare as much . nay we know at this very present , that colonell j. barry ( besides others ) a notable adjutant and papist is lately allowed by a passe from their generall to goe over into ireland . these times have taught us , that any hand or passe may be so handsomely dissembled , that it will prove a hard taske to discover the cheat. . the kings refusing to give commissions to the lorn wharton and brookes , answered . that the king refused to give commissions to the lord wharton and brookes , as also that he intercepted cloathes and ammunition sent thitherward , may have good satisfaction . as . the war was on foot here , those two lords were his avowed enemies , and of the junto against him . there were divers regiments raised under that pretence , which were intended & imployed against him . he had been really as weake , as once they would have made us believe he was , if he had cut his own throat with his own hands , enabled his enemies to ruine him , under what pretence soever . . it was neatly contrived to assigne cloaths and ammunition for ireland , if they were surpriz'd ; but to imploy them against him , if they could arive in safety to their strengths . lastly , there was order given to release them by his majesty . . letters to muskery , answered . . the letters from court to muskery were from taaff , and they might be without commission . . if they were allowed , was it not good policy to court them into divisions , or rather back againe into their duties ? the earle of ormond ( a thing notoriously knowne ) by that meanes blew coales between the rebels , when they had encircled and distressed dublin ; wherein he prevailed more by putting on the fox's skin , then he could have done by that of the lyon , and preserved the english interest in all that province , which of necessity must otherwise have been lost . . the with-drawing of the ships , answered . the king did indeed with-draw some ships from those coasts ; but . it was for his owne necessary defence against them , when they had seiz'd upon the rest of his navy . . the posts assign'd to the ships , were not so obnoxious for importation from spaine and other forraine places . . it was not so great an advantage to the rebels , as their with-drawing , contrary to articles , the ships appointed to prevent the landing of irish in scotland , which they make a shift to answer their brethren . . besides we see they can receive ammunition , and other supplies even now too . . the commission to glamorgan , answered . the greatest objction of a commission to the earle of glamorgan and antrim to raise armies for the service of the king. to which we answer . . that it is not well cleared , the king did give any such commission . . that if he did , it was but the imploying of his owne subjects in his service , to which they were obliged by their allegiance , and he was bound by the very law of nature to make use of . . it was upon a desperate pinch that he was put unto by the two houses . men will catch at the very nailes of a planke to save themselves from being ingulph'd in the waves ; hold even by thornes to keepe above water . he were a weake man sure , that would make conscience of quenching a great fire in his roofe , by the hands of thieves or murderers . . we have often heard , and many too of these great accusers professe as much , that they would cast themselves upon any nation ( i have heard , colonell morley and others should say , upon the turke ) rather then let the king subdue them ; and yet their case was different . the whole charge retorted . let 's now see , whether all this may not be retorted upon the house of commons , and their confidents . whosoever will seriously consider , . the quarrell which the irish made , namely their liberty and religion , and redresse of grievances , the very same which our parliament pretended , . the time when , when the scots were hardly setled upon their lees againe , and the parliament of england high flowne already , and advanced in their contestation , . their preparatives to rebellion , by invading new priviledges , as to determine in cases capitall and criminal , charging of publike officers , banding against greivances , &c. and an itch also to have procured a longer ( if not a perpetual ) parliament , if possible ( which is evident in sir john temples relation ) under the authority whereof it is probable they designed to act afterwards , rather then of a supreame councell , which was done here , even to the joynt prosecution of some particular officers , as the earle of strafford , &c. . their proceedings first to sequester and seize the goods of those , whom they declared enemies to the state. . the persons on whom they wreak'd their malice most , clergy-men and officers of state. . the copy they writ by , or at least pretended to write by , namely , the scots . . the backwardnesse of our parliament to send any reliefe thither , which was evidenced by their disputes and punctilio's with the king , and indeed their denials to assist , without his perfect resignation of himselfe to them , seizing money to the summe of . l. to their owne use ( though indeed they have paid it since , out of the kingdomes purse , upon the clamour of the people , and notice given of it by the king ) imploying such forces as were raised under that notion here in england against his majesty , particularly the regiment of colonell bamfield , of chidley , and others , suspending the journey of the earle of leicester first , then of the lord lisle thither , a man of their owne election , untill his commission was almost expir'd , pretending to send over succours since , but letting them lie upon the countries , untill they become intolerable , and then disbanding them as super-numeraries , the miseries they expose their owne army there to ( of which they were soundly told by captaine cope lately , who charged them in the very house with the death of thousands , with the ruine of more , and with streames of blood , which cry'd for vengeance against them in that place . ) to all which if you adde , . the fierce prosecution of strafford , whose continuance in that place , and strict discipline would have prevented that insurrection , or crushed it in the shell . . their withstanding the sending of that army out of the kingdome which had discharged it of so many instruments of rebellion . . the profession of divers of their confidents , especially in the army , that they cannot fight against the irish with a good conscience , that their quarrel is but to enjoy their religion and liberty , and . a speech which was uttered before this rupture , by a true friend of theirs at manidowne in hamp-shire , when the scots first came into england , what if this kingdome should rise for their property and liberty , and ireland take that advantage , what will he be king of then ? a shrewd speech , though i beleeve the man had no fore-sight of this combustion , with many other circumstances . one would verily believe , the bustles in england and the rebellion in ireland were like castor and pollux , ovo prognatus eodem , hatch'd by a common-councell of parliament & irish , and that they were mutually engaged to promote each others interest . but we must be ingenuous , and allow them better measure , then any they have yet allowed unto their soveraigne . all we aime at , is but to open to the world , that there may be full as much , or rather a great deale more charged on themselves , as to that businesse , then upon his majesty . the charge of rochel . we are now in sight of the shoare , and shall conclude with the businesse of rochel , which towne ( they say ) they can fully shew , was betraied by the king , and so was there a fatall blow given to the protestant cause in france ; they tell us , how he lent divers of the navy and merchants ships to the king of france , to be imployed against those , whom he was engaged to assist ; and when some commanders disputed his commands , he gave order to sir john penington to put them into the service of that king , or else to sinke them . that answered . . herein they impose a blinde beleife upon us , we have little reason to take their bare word , ( as we hinted before ) whose interest is to deceive us , and who have done it so oft . we never yet could discover in them any such tendernesse , either in blasting the kings honour , or in covering their owne shame , as to conceale any thing , which was to their owne advantage , or his disgrace . . how could his maj. betray those whom he had never taken into protection , as at that time he had not done by them , are they themselves treacherous too , or have they betraied the hollanders , against whom they sent divers of the kings souldiers taken at naseby to be imployed in the spanish service ? . though it be acknowledged , that there were ships lent unto the king of france , yet it was not to that purpose , to employ them against the protestants ; and the king of england was a stranger to the designe of the king of france therein . q. elizabeth , when that very towne of rochel was beseiged by the king of france , and some of his subjects with the duke of montgomery had releived it , disclaimed the act , called them who did it pirates , professed she would not protect nor afford them any supply . camb. eliz. . king james in his life time had in effect promised assistance unto the french king against any of his subjects , whatsoever were their religion or their pretence . . the same thing was done by the states of holland at the same time , who lent unto the king of france twenty saile of ships ( whereas ours were but seven ) under the command of hauthain their admiral , who did in the same manner demur at the imployment , ( being charm'd by some pittifull letters from rochel ) untill the rochellers treacherously and unawares surpris'd and burnt his vice-admiral ; which rouz'd him up in good earnest , and made him not onely set upon , but wholly discomfit them , by the helpe of our and other ships . now it is very improbable , the hollanders would have conspir'd against the cause of religion , and their owne church-discipline , which the french held forth , if there had not been some other just cause of that war. . we might very well be tender in undertaking the protection of those protestants ; for it is not quite forgotten , how queen elizabeth sent over a considerable army to their assistance , and that upon articles between them , which army of hers was set upon and beseiged by those very men , whom they were come to defend , and expuls'd out of that kingdome , and out of new-haven by the help of the protestants ( who by meanes of their succours had gotten the better composition with their own king ) as you may read in mr. cambden and others . anno . . the king did what was possible toward their releife , when he had the advantage of hostility against the king of france ( which he could not otherwise have done with any colour either of justice or policy ) by sending an army to the isle of ree , by sending two several fleets to their reliefe . if all succeeded not , that ought not to be laid in his dish . for the meanes onely are in mans power , god keeping events and successes in his owne . the horse is prepared against the day of battell ; but safety is from the lord. it is very certaine , he did his utmost endeavour ; i know those who will testifie he gave the most earnest injunction possible for their reliefe , though it should prove to the endangering of his whole fleet. and it is observable , the grudge hereof hath not yet been forgotten by the crowne of france , which in a slye revenge hath probably helped to raise this devill of intestine war in our nation , and denied all considerable supplies to the king of england , in these daies of his distresse ; yea , though a daughter of the crowne and her numerous issue be involved in the same calamity . . but to give you the best last , the truth & ground of the whole businesse will be made very cleare , and beyond all scruple by this following narrative , which i have delivered from honest and understanding states-men . the palatinate being wrested from the palsgrave , the protestants in germany almost ruinated , our king unable at that time by his own strength to relieve them , there was a league proposed and agitated between the crowns of france , england , denmark , the states of holland and venice , against the house of austria ; and this in good measure was brought toward perfection , especially by the managery of the duke of buckingham . the wise cardinall of france , making advantage of those traverses , and taking time by the fore-top , deals with the duke for supply of these above-mentioned ships . the duke being admiral , and presuming high upon his masters allowance , commands the ld. conway , then secretary of state , to write to penington his vice-admirall to put the ships under the french service , and seales this letter with the signet . but penington refusing to do it upon such authority , the duke himself as admirall seconds the first letter with his command : which being likewise disputed , a letter was sent with the kings name subscribed , and signed with the privy-signet , yet without his majesties knowledge ( which was no difficulty , considering the signet is usually kept by the secretary , and that many blanks are usually and must of necessity be left in trust with great officers , especially so great , as the duke then was ) nay , i have been informed , that the king , being at woodstock , when the newes hereof was first imparted to him , and that by sir john penington himself , was in a great rage at it , and not without some difficulty reconciled unto the duke about it . is it now a rationall and just inference to lay the miscarriage of rochel upon his majesties score ? have they so much compassion toward strangers , and so little justice toward their own rightful soveraign ? are they so deeply affected with the wounds given to the protestant religion through the sides of rochel ? would god they themselves did not stab it ten times more desperately by these their un-protestant , un-christian , unparalell'd proceedings , to the dishonour of god , the grief and anguish of every good soule , the joy and unspeakable advantage of our common adversary of rome . hoc ithacus velit , & magno lucrentur atridae . the settlement which they intend , and the conclusion . and thus have we examined the truth of their declaration against his majesty ; before we conclude , it will be worth while to examine a little the truth of what they declare for themselves ; we shall use our utmost endevour to settle the present government , as it may stand with the peace and happiness of the kingdom . i ask , how can they settle the peace of the kingdome without a king ? if their hornes should prove as long , as themselves are curst , and god permit them to fill up the measure of their iniquities , by the accession of the murder of this king , which we do even tremble to mention , yet have some reason to believe they do designe , one of their members having professed as much , and offered himself a felton for that fact , yet never so much as question'd ; and one hall , being a suitor for the command of a ship in their navy , unto their committee of admiralty , was accused for having said , the parliament were foolish , that they had not hired somebody to kill the king whilst he was in the hands of the scots : it was thereupon replied by sir a. haslerigg , have you no more against him ? let him go to chuse , we must have such men as will be faithfull against him ; and since that , they gave him the command of a very good ship. allow ( i say they should be able to compasse this , how will they trust the children of a father , in whose bloud they have imbrued their hands ? and how will they be able to alienate the crowne from that royall line ? which so many millions of this nation , and the best for estate , the ablest for judgment , wil sacrifice their dearest bloud for , being obliged thereunto by many both sacred and civil bonds ? which is incorporated into so many kingdoms and states abroad , scotland , denmark , france , holland , &c. but grant , they may arrive at this impossibility ; what peace or settlement therein can this kingdome expect from their hands , who have used us or rather abused us thus , whiles as yet they stood but upon their good behaviour ; while they were no more then probationers , or candidates of soveraignty ? our peace must be to lie down quietly under their pawes , while they like harpyes do snatch away the meat out of our mouths , like vultures feed upon our live bodies ; whilst ( as a wise man said , such statists use to do ) they tosse our heads , our very lives like tenis-balls , to make them sport withall . our settlement is like to be firm indeed , which must depend upon their ordinances ( a lawyer of their own at an assize could handsomely call it , jus vagum & incognitum ) one of them justling the other daily out of fashion , according as the vane of their humour sits . in a word , it is impossible , there should be either peace or settlement , whilst his majesty is a prisoner , till there be mutuall condescendencies , and provision made for all considerable interests on foot , which his majesty hath gratiously offered , and by a personall treaty managed with due christian temper on all hands , may through gods blessing be yet accomplished . the end. a friendly letter to such as have voices in election of members to serve in parliament philanglus. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a friendly letter to such as have voices in election of members to serve in parliament philanglus. sheet ([ ] p.) printed, and sold by john whitlock, in stationers-court, near stationers-hall, london : . signed at end: philanglus. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a friendly letter to such as have ●oices in election of members to serve in parliament . dear countrymen , you have a good king , willing to follow the advice of his great councils , and for that end , disires frequent par 〈◊〉 〈◊〉 which give you the happy oppor●●●●●● of making your king , your selves , and ●●●●ow-subjects comfortable . your fore 〈…〉 that made laws for the due election 〈◊〉 to serve in parliament , and settled 〈…〉 be duly paid them ) foresaw , or had 〈…〉 ed that few or none , will take so 〈…〉 t and trouble upon them , at their 〈◊〉 and charge ; and strugling about e 〈…〉 feasting and treating extravagantly , 〈…〉 ing electors for their voices , began 〈…〉 time when the rebellion was hatch●● 〈…〉 th broke out in . wherefore king 〈◊〉 ●he first , in a book supposed to be writ●●● 〈…〉 in his troubles , saith , he had rea●●● 〈◊〉 he saw it , to fear the sad consequences 〈◊〉 ever since men of good estates and princi 〈…〉 ●●ve been forced to spend high , and contract 〈…〉 s , in opposition to persons of ill designs . 〈…〉 taking parties to be elected , hath raised 〈…〉 and differences between neighbours 〈…〉 relations , that hospitality , and in 〈…〉 ●rotherly love and charity , is at a low 〈◊〉 you have reason to suspect all that court 〈…〉 your voices , spend their estates in hopes 〈…〉 y themselves at the nations cost ; and may rest assured , that such as get or im●●●●● their estates by oppression and wrong , 〈…〉 hot redress , but make grievances : you 〈…〉 that butchers are not allowed to be of ju 〈…〉 in cases of life and death ; and in cases 〈…〉 een party and party , judges and juries to be indifferent : and will you make choice lawyers , attorneys and solicitors , or any 〈…〉 ed on the sores of your brethren , to be 〈…〉 grand inquest , who are judges to re 〈…〉 as well as juries to present your grie 〈…〉 ? have you not seen what disturbance 〈…〉 or two of a jury have given the rest ? and 〈…〉 injustice and oppression pack'd juries have been guilty of ? i could weep to see any feast and treat the rich , and send the poor empty away : and how backward too many are to do brotherly offices for any of different opinions , in points of religious worship , though the good samarijan stood not upon such niceties ; yet i hope every city , county and burrough may find such to represent them , as have plentiful estates , and husband the same well , and do all the good offices they can , to promote brotherly love among their neighbours ; and restrain not their charity from the poor of different perswasions ; and would you chuse such of liberal estates , sweet dispositions , and universal charity , they by god's blessing , would soon settle things upon the best and furest foundations , whereby peace and happiness , truth and justice , religion and pitty , would be established among us , gentlemen , the trust reposed in you , and that you repose in such as you elect , is a talent , whereof a strict accompt will be required at the last great and general audit ; therefore as you tender the honour , wealth and safety of your king , your selves , and your fellow-subjects , suffer not the fumes of strong drink , and tobacco , and garnished dishes , to make you sell your selves , and your posterity , as your grandame eve , and grandsire adam did , for a golden coloured apple ; and as esau sold his birthright for a mess of pottage ; but like men of understanding , let your zeal be according to knowledge , for the election of your representatives : and let your meetings be without heat or passion , that the persons out-voted may approve your choice ; or at least , have no just cause to condemn it : and that present , and after-ages , may applaud your discretion , is the hearty desire of philanglus . ●●●don printed , and sold by john whitlock , in stationers-court , near stationers-hall , . excellent observations and notes, concerning the royall navy and sea-service by sir walter rawleigh ... raleigh, walter, sir, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) excellent observations and notes, concerning the royall navy and sea-service by sir walter rawleigh ... raleigh, walter, sir, ?- . [ ], p. printed by t.w. for humphrey moseley ..., london : . this item can also be found with "judicious and select essayes" (wing r ) at reel : . reproduction of original in columbia university library. eng england and wales. -- royal navy. naval art and science -- early works to . a r (wing r ). civilwar no excellent observations and notes, concerning the royall navy and sea-service. written by sir walter rawleigh and by him dedicated to the mos raleigh, walter, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion excellent observations and notes , concerning the royall navy and sea-service . written by sir walter rawleigh and by him dedicated to the most noble and illustrious prince henry prince of wales . london , printed by t. w. for humphrey moseley , and are to be sold at his shop at the signe of the princes arms in st. pauls church-yard . . excellent observations and notes , concerning the royall navy and sea-service . having formerly ( most excellent prince ) discoursed of a maritimall voyage , and the passages and incidents therein , i thinke it not impertinent nor differing from my purpose , to second the same with some necessary relations concerning the royall navy , with the services and offices thereto belonging . for , as the perfection and excellency of our shipping is great and remarkeable , so the imperfections and defects of the same by use and experience of late years , have been found to be divers and inconvenient , as it falls out many times in the circumstances of land service by the charige of armes , diversities of fortifications , and alteration of discipline . and therefore for the due reformation , many things are necessarily and particularly to be spoken and considered of in their order . in regard whereof , i will first begin with the officers , and therein crave pardon ( if in speaking plainly and truly in a matter of so great importance ) i doe set aside all private respects and partiality . for in that which concerns the service and benefit of my prince and country , i will say with cicero , nil mihi melius , nil mihi charius . and therefore not justly to be taxed with any presumption for medling with matters wherein i have no dealings nor charge . for that in the affaires of this nature , every good subject is deeply interessed , and bound in conscience and duty both to say and doe his best . of the officers of the navy . first therefore , it were to be wished , that the chiefe officers under the lord admirall ( as vice-admirall , treasurer , controller , surveyor ; and the rest ) should be men of the best experience in sea-service , aswell as of judgement and practise in the utinsells and necessaries belonging to shipping , even from the batts end to the very kilson of a ship . and that no kind of people should be preserred to any of these offices , but such as have been throughly practised , and be very judiciall in either kind of the above named services ; but we see it oftentimes to fall our otherwise . for sometimes by the speciall favour of princes , and many times by the mediation of great men for the preferment of their servants , and now and then by vertue of the purse , and such like means , some people very raw and ignorant , are very unworthily and unfitly nominated to those places , when men of desert and ability are held back and unpreferr'd , to the great hinderance of his majesties service , to the prejudice of the navy , and to the no little discouragement of ancient and noble able servitors , when favour or partiality shall eat out knowledge and sufficiency , in matters so neerly concerning the service and safety of the kingdome , wherein all private respects should be laid apart , and vertue truly regarded for it selfe . of the building of ships . secondly , it were no lesse behoovefull for his majesties service , and for the strength of the navy , that no ships should be builded by the great , as divers of them have been ; for by daily experience they are found be the most weake , imperfect , and unserviceable ships of all the rest . and it is not otherwise to be presumed , but as the officers would bee thought to be very frugall for his majesty in driving a bargaine by the great at a neere rate with the shipwright , so likewise the shipwright on his part will be as carefull to gaine by his labour , or at least to save himselfe harmlesse , and therefore suite his worke slightly according to a slight price . out of the which present sparing and untimely thrift , there grows many future inconveniences and continuall charge in repayring and reedifying such imperfect slight built vessells . the proofe and experience whereof hath been often found in new shipps built at those rates , but so weakly , as that in their voyages , they have been ready to founder in the seas with every extraordinary storme , and at their returne been enforced to be new built . but seeing the officers of the admiralty doe hold ( by the grace of his majestie ) places of so good credit and benesit , it is their parts therefore ( being well waged and rewarded for the same ) exactly to look into the sound building of ships , and to imploy their care and travell aswell in the over sight thereof , as to provide that all things else belonging to the navy be good and well conditioned : for the strong and true building of a ship is not to be left barely to the fidelity of a marchanticall artificer ( the chiefe end of whose worke in his owne accompt is his profit and gaine ) but some superior officer ought to have a further regard in that businesse , if he be such a one as hath more judgement in the building and conditioning of a ship , then devotion to his owne ease and profit . moreover if any decayed ship be intended to be new made , it is more fit and profitable to make her a size lesse then she was , then bigger ; for then her beams which were laid over-thwart from side to side , will serve againe , and most of her tymbers and other parts will say well to the building of a new ship . but if she should be made a size bigger , the tymber of the old will be unprofitable for that purpose ; we find by experience , that the greatest ships are least serviceable , goe very deep to water and of marvellous charge and fearefull cumber , our channells decaying every year . besides , they are lesse nimble , lesse maineable , and very seldome imployed . grande navio grande fatica , saith the spaniard , a ship of tuns will carry as good ordnance , as a ship of . tuns , and though the greater have double her number , the lesser will turne her broad sides twice , before the greater can wend once , and so no advantage in that overplus of ordnance . and in the building of all ships , these six things are principally required . . first , that she be strong built . . secondly , that shee bee swift . . thirdly , that she be stout sided . . fourthly , that she carry out her guns all weather . . fifthly , that she hull and try well , which we call a good sea-ship . . sixthly , that shee stay well , when bourding and turning on a wind is required . . to make her strong consisteth in the truth of the workeman , and the care of the officers . . to make her sayle well is to give a long run forward , and so afterward done by art and just proportion . for as in laying out of her bows before and quarters behind , she neither sinck into , nor hang in the water , but lye cleare off and above it , and that the shipwrights be not deceived herein ( as for the most part they have ever been ) they must be sure , that the ship sinck no deeper into the water , then they promise , for other wise the bow and quarter will utterly spoile her sayling . . that she bee stout , the same is provided and performed by a long bearing floore , and by sharing off above water even from the lower edge of the ports . . to carry out her ordnance all weather , this long bearing floore , and sharing off from above the ports is a chiefe cause , provided alwayes , that your lowest tyre of ordnance must lye foure foot cleare above water when all loading is in , or else those your best pieces will be of small use at the sea in any growne weather that makes the billoe to rise , for then you shall be enforced to take in all your lower ports , or else hazard the ship . as befell to the mary rose ( a goodly vessell ) which in the days of king hen. . being before the isle of wight with the rest of the royall navy , to encounter the french fleet , with a suddain puff of wind stooped her side , and tooke in water at her ports in such abundance , as that she instantly sunck downeright and many gallant men in her . the captaine of her was sir george carew knight , who also perished among the rest . . to make her a good sea-ship , that is to hull and trye well , there are two things specially to be observed , the one that she have a good draught of water , the other that she be not overcharged , which commonly the kings ships are , and therefore in them we are forced to lye at trye with our maine course and missen , which with a deep keel and standing streake she will performe . . the hinderance to stay well is the extreame length of a ship , especially if she be floaty and want sharpnesse of way forwards , and it is most true , that those over long ships are fitter for our seas , then for the ocean , but one hundred foot long and five and thirty foot broad , is a good proportion for a great ship . it is a speciall observation , that all ships sharpe before , that want a long floore , will fall roughly into the sea and take in water over head and ears . so will all narrow quartered ships sinck after the tayle . the high charging of ships is it that brings them all ill qualities , makes them extreame leeward makes them sinck deep into the water , makes them labour and makes them overset . men may not expect the ease of many . cabbins and safety at once in sea-service . two decks and a half is sufficient to yield shelter and lodging for men and marriners and no more charging at all higher , but only one low cabbin for the master . but our marriners will say , that a ship will beare more charging aloft for cabbins , and that is true , if none but ordinary marryners were to serve in them , who are able to endure , and are used to the tumbling and rowling of ships from side to side when the sea is never so little growne . but men of better sort and better breeding would be glad to find more steadinesse and lesse tortering cadge worke . and albeit the marriners doe covet store of cabbins , yet indeed they are but sluttish dens that breed sicknesse in peace , serving to cover stealths , and in fight are dangerous to teare men with their splinters . of harbouring and placing the navy . there are also many and great reasons why all his majesties navy should not in such sort be pen'd up as they are in rochester-water , but only in respect of the ease and commodity of the officers , which is encountred with sundry inconveniences for the sea-service , the dificulty being very great to bring them in or out at times of need through so many flats and sands , if wind and weather be not very favourable . besides , they must have sundry winds to bring them to the lands end , and to put them to the seas , which oftentimes failes , and causeth delay when hast is most needfull . for if any service be to be done upon the south parts of england , as the wight , portsmouth , the i slands of garnsey and jersey , or westward towards devon-shire or cornwall , or towards wales or ireland , it is so long ere his majesties shipping can be brought about to recover any of these places , as that much mischiefe may be done the while . for the same winds that bring in the enemy , binds in our shipping in such sort , as that oftentimes in a months space they are not able to recover the neerest of any of these above named coasts . but how perillous a course it is , is easily discerned , and as casily remedyed , seeing there are besides so many safe and good harbours to disperse and bestow some of the navy in , where they may ever lye fit for all services , as portsmouth ; dartmouth , plymouth , falmouth , milford and divers others , all of them being harbours very capable and convenient for shipping . but perhaps it will be alleadged , that they cannot ride in any of these so safe from enemies as in rochester-water , because it reacheth far within the land , and is under the protection of some blockhouses . to which i answer this , that with very easie care and provision , they may in most of these places ride sufficiently secure from any forraine practises . and i doe not meane that all the whole navy should be subdivided into all these ports , but that some halfe dozen or eight of the midling ships , and some pynnaces should lye in the west , and yet not in any port so neere the sea , as that in a darke night they may be endangered by enemies with fire or otherwise , but in some such places as ashwater is by plymouth , where an enemy must run up a fresh river , a dozen miles after he hath passed the forts of the island , and the alarum given , before he can come where they lye at anchor . in which river the greatest charack of portugall may ride a float ten miles within the forts . but if regard be only had of their safe keeping , and not also of their readinesse and fitnesse for service , then let them never be sent abroad to be hazarded against the enemies forces ; for therein they shall be more subject to casualitie and danger , then by lying in any of these harbours above specified . but certaien it is , that these ships are purposely to serve his majesty , and to defend the kingdom from danger , and not to be so penn'd up from casualitie , as that they should be the lesse able or serviceable in times of need . and therefore that objection savours not of good reason , but rather of selfe respect in the officers , who are all for the most part well seated neer about rochester . but the service of his majesty , and the safety of the realme ( in my poore opinion ) ought to prevaile beyond all other respects whatsoever : and to him that casts thoseneedlesse doubts , it may well be said , pereat qui timet umbras . of the needfull expence in manning the navy and other inconveniences by placing all the fleet in rochester-water . if the service of the shipping lying for any of these places above named , or for spaine , or for the islands , they are enforced of very necessity to presse the best and greatest part of their men out of the west countries , which is no small charge in bringing them so far as between that and rochester , and then when they are imbraqued at rochester , their charge is againe redoubled in their pay and expence of victualls , before the ships can recover so farre as plymouth , which many times is long a doing , for they doe ever usually touch at plymouth in all southerene voyages , for the furnishing many sea-necessaries , which that country doth afford . and therefore for so many ships as should be there resident , the charges of conduct money for marryners , of wages and of victualls , would be well savd for all that time , which is spent betwixt rochester and plymouth . besides , it were to be presumed , that enemies would not be so troublesome to the westerne coasts , nor that country it self would be so often dismayed with alarums as they have of late years been , if some of his majesties good . ships were resident in those parts . if therefore in his majesties wisdome it should appeare fit , to bestow some of his shipping in any of these horbours aforenamed , it shall be very needfull likewise that there be a magazin of all manner of necessary provisions and munitions in the same places , according to the proportion of the shipping that there shall be resident , whereby such defects as by accident may fall out , shall upon any occasion be readily supplyed without delays or hindrance of service : and that withall in the same places , some officers belonging to the admiralty be there alwayes attendant , otherwise it would be found very inconvenient to be enforced ever to at-attend such helps and supplies as must come so far off as london , when it may more easily and with lesse charge be effected in places where they ride . of great ordnance . it was also very behoovefull , that his majesties ships were not so overpestred and clogged with great ordnance as they are , whereof there is such superfluity , as that much of it serves to no better use , but only to labour and overcharge the ships sides in any growne seas and foule weather . besides many of the ships that are allowed but twenty gunners , have forty piece of barsse pieces , whereas every piece at least requires foure gunners to attend it , and so that proportion of ordnance to so few gunners , very preposterous : for when a ship seels or roules in foule weather , the breaking loose of ordnance is a thing very dangerous , which the gunners can hardly prevent or well looke into , they being so few , the gunnes so many ; withall we doe see , that twenty or thirty good brasse pieces , as cannon , demicannon , culverin , and demiculverin , is a royall batterie for a prince to bring before any towne or strong fortresse . and why should not we aswell thinke the same to be a very large proportion for one ship to batter another withall ? which if it be , then may his majesty ratably save a great part of the ordnance throughout every ship , and make the navy the more sufficient and serviceable , and thereby also save a great deale of needlesse expence in superfluous powder and shot , that is now prerended to be delivered out according to this huge and excessive proportion of artillery , whereof if many had not been stricken downe into holt in many voyages and ( especially in this last journey to the islands ) divers of the ships , weight , heaft , and charge thereof , would have foundered in the sea : wherein i report me to such as have served in them , and saw the proofe thereof . for this journey to the islands , did most of all others , discover unto us these experinces and tryalls in the royall navy , for that it was the longest navigation that ever was made out of our realme , with so many of the princes ships , and tarrying out so late in the year , whereby both the winds and seas had power and time throughly to search and examine them . besides many times , there is no proportio of shot and powder allowed rateably by that quātity of the great ordnance , as was seen in the sea-battaile with the spaniards in the yeare . when it so neerly concerned the defence and preservation of the kingdome . so as then many of those great guns wanting powder and shot , stood but as cyphers and scarcrowes , not unlike to the easterling hulkes , who were wont to plant great red port-holes in their broad sides , where they carryed no ordnance at all . of calking and sheathing his majesties ships . there is a great error committed in the manner of calking his majesties ships , which being done with rotten ocum , is the cause they are leaky , and the reason is this , for that they make their ocum wherewith they calke the seams of the ships , of old seere and weather-beaten ropes , when they are overspent and growne so rotten , as they serve for no othe use but to make rotten ocum , which moulders and washes away with every sea , as the ships labour and are rossed , whereas indeed of all other things , the most speicall & best choice would be made of that stuffe to have it both new and good , for that sparing to imploy old rotten ropes , is a great defect either in the building of new ships , or in the repairing of old , and is the cause why after every journey they must be new calked . and therefore it were much to be wished , as a thing fit for his majesties service , profitable for the navy , and happy for those that shall serve in them , that the whole navy throughout were all sheathed , as some of them are . the benefit and good whereof for sea-service is manifold , and no lesse frugall for his majesty in making his ships as strong and lasting thereby , as they are otherwise good of sayle . and then shall they never need ( scarcely once in ten years ) this new calking and repayring which now almost every yeare they have . and hereof let the censure be taken of the best seamen of england , and they will not vary from this opinion . of victualling . as his majesties due allowance for victualling of ships is very large and honourable , and would be greatly to the incouragement and strengthning of the marriners and souldiers that serve in them , if it were faithfully distributed , the sea-service ( indeed ) being very miserable and painfull , so againe as it is abused and purloyned , it is very scant and dishonourable to the great slander of the navy , to the discouragement of all them that are prest thereunto , and to the hinderance of his majesties service . for that many times they goe with a great grudging to serve in his majesties ships , as if it were to be slaves in the gallyes . so much doe they stand in feare of penurie and hunger ; the case being cleane contrary in all merchants ships , and therefore the purveyors and victuallers are much to be condemned , as not a little faulty in that behalfe , who make no little profit of those polings which is cause very lamentable , that such as sit in ease at home , should so raise a benefit out of their hunger and thirst , that serve their prince and country painfully abroad , whereof there hath a long time been great complaining , but small reformation . of beere caskes . there is also daily proofe made , what great inconveniences growes by the bad caske which is used in his majesties ships being commonly so ill seasoned and conditioned , as that a great part of the beere is ever lost and cast away , or ( if for necessity it be used ) it breeds infection , and corrupts all those that drinke thereof . for the victuallers for cheapnesse will buy stale caske that hath been used for herring , traine oyle , fish , and other such unsavory things , and thereinto fill the beere that is provided for the kings ships . besides the caske is commonly so ill hooped , as that there is wast and leaking made of the fourth part of all the drinke were it never so good , which is a great expence to his majesty , a hinderance of service , and a hazard of mens lives , when the provision failes so much and answers not the accompt . the which might easily be redressed , if the caske for his majesties shipping , were purposely hooped in such sort as wine caske is , or else hooped with iron , which would ever serve and save that continuall provision of new caske , which now falls out every voyage . but this course were more profitable for his majesty then for his officers , and therefore unpleasing to be spoken of , but yet such as serve in the ships have good cause to wish the reformation thereof . of the cookroomes in his majesties ships . and whereas now the cookroomes in all of his majesties ships are made below in hold in the wast , the inconveniences thereof are found many wayes by daily use and experience . for first it is a great spoile and annoyance to all the drinke and victualls which are bestowed in the hold , by the heat that comes from the cookroome . besides , it is very dangerous for fire , and very offensive with the smoake and unsavory smells which it sends from thence . moreover it is a great weakening to a ship to have so much weight and charge at both the ends , and nothing in the mid-ship , which causeth them to warpe , and ( in the sea-phrase ; and with marriners ) is tearmed camberkeeld : whereas if the cookroomes were made in the forecastle ( as very fitly they might be ) all those inconveniences above specified , would be avoyded , and then also would there be more roome for stowage of victualls , or any other necessary provisions , whereof there is now daily found great want . and the commoditie of this new cookroome the merchants have found to be so great , as that in all their ships ( for the most part ) the cookroomes are built in their fore-castles , contrary to that which hath been anciently used . in which change notwithstanding , they have found no inconvenience to their dressing of meat in foule weather , but rather a great ease , howbeit their ships goe as long voyages as any , and are for their burdens aswell mann'd . for if any stormes arise , or the sea grow so high as that the kettle cannot boyle in the forecastles , yet having with their beere and bisket , butter and cheese , and with their pickled herrings , oyle , vineger and onions , or with their red herrings and dry sprats , oyle and mustard , and other like provisions that needs no fire , these supply and varieties of victualls , will very sufficiently content and nourish men for a time , until the storme be over blowne that kept the kettle from boyling . of mustering and pressing able marriners . as concerning the musters and presses for sufficient marriners to serve in his majesties ships , either the care therein is very little , or the bribery very great , so that of all other shipping , his majesties are ever the worst manned , and at such times as the commissioners commissions come out for the pressing of marriners , the officers doe set out the most needy and unable men , and ( for considerations to themselves best knowne ) doe discharge the better sort , a matter so commonly used , as that it is growne into a proverbe amongst the saylers , that the mustermasters doe carry the best and ablest men in their pockets , a custome very evill and dangerous . where the service and use of men should come in tryall . for many of those poore fishermen and idlers , that are cōmonly presented to his majesties ships , are so ignorant in sea-service , as that they know not the name of a rope , and therefore insufficient for such labour . the which might easily bee redressed ; if the vice-admirall of the shire where men are mustered , and two justices had directions given , to joyn with the muster-masters for the pressing of the best men whom they well know , and would not suffer the service of their prince and country to be bought and sold , as a private muster master would doe . besides , the captains tains themselves of the ships , if they bee bare and needy ( though pitty it were that men of such condition should have such charge committed unto them ) wil oftentimes for commodity chop and change away their good men , and therefore it were sitly provided to bridle such odd captains , that neither they themselves , nor any of their men , should receive his majesties pay but by the pole , and according as they were set downe in the officers books when they were delivered without changing of any names , except to supply such men as are wanting by death or sicknesse , upon good testimonie under the hands of the master , the boat swayne , the master gunner , the purser and other officers of the ship . for it neerly concerns them to looke well thereunto , having daily use of them . of arms and munition . it were a course very comfortable , defensive and honourable , that there were for al his majesties ships a proportion of swords , targets of proof , moryons , and curatts of proofe , allowed and set downe for every ship according to his burthen , as a thing both warlike , and used in the king of spains ships , the want whereof as it is a great discouragement to men if they come to any neere fight or landing , so would the use thereof be a great annoyance and tertifying to the enemy . and herein should his majesty need to be at no extraordinary expence : for the abating of the superfluous great picces in every ship , with their allowance for powder , match and shot , would supply the cost of this provision in very ample mannet . of captains to serve in his majesties ships . at al such times as his majest. ships are imployed in service , it were very convenient that such gentlemen as are his majesties owne sworne servnats , should be preferred to the charge of his majesties ships , choice being made of men of valour , and capacitie ; rather then to imploy other mens men , and that other of his majesties servants should be dispersed privately in those services to gaine experience , and to make themselves able to take charge . by the which means his majestie should ever have gentlemen of good accompt his owne servants , captains of his owne ships , instead of pettie companions and other mens servants , who are often imployed , being ( indeed ) a great indignity to his majesty , to his shipping and to his owne gentlemen . for that in times past , it hath been reputed a great grace to any man of the best sort , to have the charge of the princes ship cōmitted unto him , and by this means there would ever be true report made unto the pr. what proceedings are used in the service , which these meaner sort of captains dare not doe , for feare of displeasing the lords their masters , by whom they are preferred , or being of an inferiour quality , have no good accesse to the presence of the prince , whereby to have fit opportunity to make relation accordingly . but now forasmuch as i doubt not , but that some contrary spirits may or will object this as a sufficient reason to infirme all those points that i have have formerly spoken of , and say unto me , why should his majesty and the state bee troubled with this needlesse charge of keeping and maintaining so great a navy in such exquisite perfection , and readinesse ? the times being now peaceable , and little use of armes or ships of warre , either at home or abroad , but all safe and secure , aswell by the uniting of the two nations , as by the peace which we hold with spaine , and all other christian princes . to this i answer , that this ( indeed ) may stand ( at the first sight ) for a prettie supersiciall argument to bleare our eys , and lull us asleep in security , and make us negligent and carelesse of those causes from whence the effects of peace grows , and by the vertue whereof it must be maintained . but we must not flatter and deceive our selves , to thinke that this calme and concord proceeds either from a setled immutable tranquillity in the world ( which is full of alterations and various humours ) or from the good affections of our late enemies , who have tasted too many disgraces , repulses , and losses , by our forces and shipping , to wish our state so much felicity as a happy and peaceable government , if otherwise they had power to hinder it . and therefore though the sword be put into the sheath , we must not suffer it there to rust , or stick so fast , as that we shall not be able to draw it readily when need requires . for albeit our enemies have of late years sought peace with us , yet yet hath it proceeded out of the former tryall of our forces in times of war and enmity . and therefore we may well say of them as anneus ( pretor of the latines ) said of the roman ambassadours , who seemed curious and carefull to have the league maintained betweene them ( which the roman estate was not accustomed to seeke at their neighbours hands ) and thereupon saith this anneus , unde haec illis tanta modestia nisi ex cognitione virium & nostrarum & suarum . for with the like consideration and respect have our late enemies sought to renew the ancient friendship and peace with us . and well we may be assured , that if those powerfull means whereby we reduced them to that modesty and curtesie as to seeke us , were utterly laid aside and neglected , so as we could not againe upon occasion readily assume the use and benefit of them , as we have done , those proud mastering spirits , finding us at such advantage , would be more ready and willing to shake us by the ears as enemies , then to take us by the hands as friends . and therefore far be it from our hearts to trust more to that friendship of strangers , that is but dissembled upon policy and necessity , then to the strength of our owne forces , which hath been experienced with so happy successe . i confesse that peace is a great blessing of god , and blessed are the peacemakers , and therefore doubtlesse blessed are those means whereby peace is gained and maintained . for well we know that god worketh all things here amongst us mediatly by a secondary means , the which meanes of our defence and safety being shipping , and sea-forces , are to be esteemed as his guifts , and then only availeable and beneficiall , when he withall vouchsafeth his grace to use them aright . finis . notes, typically marginal, from the original text notes for div a e- officers under the lo : admirall to bee men of the best experience in sea-service . no ships to be builded by the great . officers of the admiraltie exactly to look into the sound building of ships , &c. the greatest ships least serviceable . the spaniards phrase . a caution for shipwrights . mary rose in . . time . speciall observation . the high charging of ships a principall cause that brings them all ill qualities . ease of many cabbins and safety at once in sea-service not to be expected . his majesties navy ( in such sort as they are ) not to bee pend up in rochester-water , &c. wight , portsmouth , garnsey and lersey , devonshire cornwall , wales , or ireland . portsmouth , dartmouth , plymouth , falmouth , milford and divers others , harbours very capable and convenient for shipping ▪ halfe a dozen or eight of milding ships and ships and some pynnaces to lye in the west , &c. ash-water by plymouth . nota. charges of conduct money for marriners well saved , &c. a magazin of all manner of necessary provisions , &c. his majesties ships not to be overcharged and pestered with great ordnance as they are . royall batterie for a prince . needlesse expence of superfluous powder and shot , &c. the journey to the islands . spaniards armado in . easterling hulkes . great error committed in manner of calking his majesties ships with rotten ocum . censure taken of the best seamen of england . his majesties allowance for victualling ships very large and honourable , great inconvenience by bad caske used in his majesties ships the great inconveniences of the cookrooms in all his majesties ships made below in hold in the wast . sea-phrase . musters and presses for sufficient marriners to serve in his majesties ships the care therein very little , or the bribery very great . the saylers proverbe . a proportion of swords targets of proofe and the like allowed ; and set downe for every ship according to his burthen , &c. his majesties owne sworne servants to be preferred to the charge of his majesties ships . objection . great britain's groans, or, an account of the oppression, ruin, and destruction of the loyal seamen of england, in the fatal loss of their pay, health and lives, and dreadful ruin of their families hodges, william, sir, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) great britain's groans, or, an account of the oppression, ruin, and destruction of the loyal seamen of england, in the fatal loss of their pay, health and lives, and dreadful ruin of their families hodges, william, sir, ?- . [ ], , [ ] p. s.n.], [london : . first edition. dedication signed: william hodges. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion great britain's groans : or , an account of the oppression , ruin , and destruction of the loyal seamen of england , in the fatal loss of their pay , health and lives , and dreadful ruin of their families . eccles . v. . if thou seest the oppression of the poor , and violent perverting of judgment and justice in a province , marvel not at the matter , for he that is higher than the highest regardeth , and there be higher than they . printed in the year . to the lords spiritual and temporal , and commons in parliament assembled . i have , for these two years , been laying before the most honourable houses of lords and commons , the dreadful groans of his majesties loyal seamen , and shall now , by god's assistance , continue to lay open their most miserable , deplorable miseries , in the fatal loss of their lives , health , and pay , since their new way of being manag'd , and costly and chargable way of being ruin'd and destroy'd , such as these nations never knew in so few years , and the poor seamen , and their families never groan'd under ; all which will be found by the king's pay-books , and muster-books , wherein it will appear , that about a hundred thousand of them have lost their health , and about of them lost their lives , and about of them run out of their pay , to so great an increase of fatherless children and widows , and so great ruin to their families and relations , as they have never groan'd under , and was never known to befall them , in so few years in this nation in any age of the world , since noah built his ark ; all which i humbly dedicate and recommend to the serious consideration of the two most honourable houses of lords and commons in parliament , to be consider'd of , before that judgment come upon us , malac. . . that god himself do come , and be a swift witness in judgment against those that oppress the hireling in his wages , the widow and the fatherless , and that turn aside the stranger from his right , and fear not god. for if these dreadful evils are not remedied , and those enemies of god , and these nations that cause them , are not punish'd , it may justly be fear'd that innotent blood will be brought upon this kingdom ; and the numerous cries and groans of the valiant , loyal , miserable seamon , and their perishing families , will at last pierce the clouds , and enter into the ears of the lord of sabbath , who may then justly say to 〈◊〉 as he did to the people of the jews , isa . . . when ye spread ●…th your hands , i will hide mine eyes from you , yea , when ye make many prayers i will not hear , your hands are full of blood. humbly represented by a loyal , faithful subject of his most gracious majesty king william , and a faithful servant to the seamen of england . written in the sight and presence of the eternal and ever blessed god , to whom he must give an account who remains , hermitage-bridge decemb. . . william hodges . great britain's groans , &c. introdvction . i may say of the seamens miseries as queen esther said of the jews , that were contriv'd to be ruin'd by wicked , cursed haman ; that if they and their families had been sold for bondmen and bond-women , i might have held my peace , although the adversary and enemy could not have recompenc'd our gracious king william's and the nation 's damage ; but to be destroyed , die and perish , in such dreadful numbers , more than the world ever saw , without sighting ; and so many of their families ruined in their pay also , are two deplorable miseries , and i fear doth cry aloud in the ears of the lord of host , who hath sent such dreadful loss of shipping and merchandize this last year , since i represented their groans before in part , that i believe england never groaned under the like ; and i am afraid , in plain english , that god will not always let the poor and miserable be mocked , without either helping of them , or considering their case ; and if there be an hundred thousand pound or more wickedly gotten out of ruined , sick and dead seamens pay , i fear the publick hath lost above three hundred thousand pound custom , and the nation above three millions of riches this year ; and ruining , alias running the seamen out of their pay , with the two fatal letters , q. r. will never make us amends , especially when so many have those letters set on their pay , when they have first lost their healths in the service , and then set a-shore sick , and there die . but this is but one part of their miseries , among some millions ; which i will leave to your honours to consider of , and of what fatal consequence , and what prodigious charge their ruin cost these nations , besides the loss of their lives and pay. and indeed their miseries to me seem to be not only great miseries , and new miseries , and fatal miseries , but big-bellied miseries ; miseries that beget more miseries , breed more miseries , and bring forth more miseries in a plentiful manner ; and if not remedied , are , in my opinion , like to increase more and more ; and if god 〈…〉 to scourge our sea-affairs , or do arise to hear the cry● of the poor , the oppressed , the fatherless and the widow ; then we must expect to be more and more scourged : but how god will order it , is best known only to himself : the task his providence layeth on me , and which hath cost me the breaking of more rest in my bed , by my thoughtfulness of it , within these three months , than all my own concerns in the world ever did break my rest , these thirty years . and i propose not any advantage to my self in the world , by what i write , except it be , that if the seamen of england be not ruined , i shall escape , among the rest , from being made a prey to our enemies , who are advantaged in a great deal of our seamens ruins , too plainly to be hid . and now therefore i will represent some of them . . the first misery i shall begin with , is that which i think first began with them , this war ; and i think , never began before , either in these nations , or any nation , and that is , their being paid most times on board ship this war ; and this hath been so very dreadful a loss to them and their families , i cannot easily represent it ; they have not thereby had the liberty god and nature alloweth the rest of mankind , of spending their mony upon the earth , of laying it out , at the best hand , of sending it to their families , and of paying their debts honestly , and getting credit for time to come ; and i suppose if the● had been paid but half so much on shore , once in two years and had a months liberty on shore , it might have been better for themselves , families , and relations , many of whose wives , aged 〈◊〉 , or poor ●nd miserable masters and dames , have lost a great 〈◊〉 of their hu●bands , children or servants money , this war , to their very great ruin and misery ; and in the payment of two hundred thousand payments on board of ships , this war , i do look on it to be two hundred thousand miseries to their families . many have spent near half the money receiv'd , in going sixty or an hundred miles to the place● where their hu●bands were paid . and secondly , the turning from ship to ship , as near as i can calculate , in my understanding of the seamens affairs , having this war had acquaintance in every man of war almost in the fleet , and do judge one man with another , that stayed any long time in the fleet , hath been turn'd over ten times ; and that in forty thousand men is four hundred thousand miseries to themselves , and four hundred thousand miseries to their families , or relations , but it may be that will be wondred at . but i look upon it to be much more . for , thirdly , this and the other foregoing misery have been , in my opinion , both fatal and fruitful miseries , for . fourthly , that fatal misery of above an hundred thousand seamen sick , this war , may owe its birth , half of it unto the two first mentioned parents . and fifthly , that deadly misery , and loss to the king and nation , and seamens families ; of above forty thousand seamen dead this war , as i will undertake to prove by the king's pay-books and muster-books . god knows , if the two first miseries were not the parents of above half these poor souls death , few of them , in comparison having been kill'd by sighting . and sixthly , again , the sixty or seventy thousands run out of their pay , as there have been this war ; as i will undertake to prove by the king's pay-books and muster-books , and i will so order it , that any ship 's book may be examined by a committee of lords or commons , to know the truth of it ; and it shall not cost his majesty two pence for my pains ; for i do not this for my own advantage , but the king 's and the nation 's ; that the seamen may not be ruined , and we ruined in their fall ; for i look upon the seamen of england , tho they are many times despised worse than dirt , yet to be as good a sort of dirt as the walls of r●…nny marsh , that if they are broken down , the sea will overflow the whole marshes , and it will be then no matter how fine the houses are therein , or how great estates any in that marsh have gotten by helping the french this war to intelligence , and do them service . i say , the water would overflow all the marsh , if the walls were ruined . god grant the loss of forty thousand seamens lives , this war , and the ruining , 〈◊〉 running of sixty or seventy thousands of their pay , to the ruin of many of themselves , and multi●…des of their families , may not provoke god in judgment to send us such another year's loss as this last hath been . the nation , i fear , will groan under it , if god should scourge us so again ; and then it may be , it will be thought worth while to consider what should be the reason that the french , with six or eight ships , should be so wise as to meet our east india ships in three or four several places , so exactly , to take them home to france , as if they had been the convoy , and waited carefully for them ; and many of our ships , only to receive double pay , and keep the seamen on board ship all the war , until we have lost more men than would man all our fleet together , if alive ; and we having about ships in pay this year , it is a little strange , and they not ten ships in a body , and yet they know where to meet our east india ships , and our west india ships , and our gninea ships ; and this is fatal to england , that seems to be under the judgment of israel of old , isaiah . . we grope for the wall , like the blind ; we grope as if we had no eyes ; we stumble at noou doy as in the night ; we are in desolate places , as dead men . and god deliver these nations from what is mentioned in the four verses following . but seventhly , another dreadful misery attending the two first , is , many ships having had their number of men buried two or three times over before they are paid ; and some have had their number of men , eight or ten times over , before they are paid , as i can prove by several ship 's books , if occasion be ; for if i know my own heart , i dare not assert any thing but such as my conscience will witness , to the best of my understanding , to be truth , and what may , the most material part , be proved by the king's books , and the others by the dreadful experience of multitudes of miserable people . and , eighthly , another misery is , that there is ten or twenty thousand knows not where to find their relations , ( dead , or gone out of several ships , as by the ships books will appaar . ) who are now looking after their money , except it may be some times those cursed plagues of the seamen , the cheats , and ticket-buyers , and pursers , and knaves that agree together , to have two or three hundred pounds raised in a ship , as hath been made appear . but how sad is it for the poor widows , or relations , of those that carned their money , to have them prest from one ship to another , until they do not know where to find them , or when they died . and it is to be feared there is ten thousand seamen more dead this war in the king's service than can be proved by the king'e books ; some receiving their money by letters of attorney , after they are dead , to save administring ; and as i said , many being never enquired after at all , looks as if they were dead . . there is another misery , by being turned from ship to ship , and not paid ; and so the captain of the last ship commands their tickets from them for the other ship , and carrieth them away to the straits , or where he pleases , that the poor miserablk seamen have not liberty to have a penny of money for their tickets , to buy themselves cloaths , or their families bread ; and it may be the other ships they came out of are paid in the mean time , and their wives or friends lose their payment at broadstreet , because the captains are at sea , and have their tickets ; and whether ever the seamen groaned under these miseries before , i know not . . when the poor miserable wretches come from the straits , as many did lately , and the captains give them their tickets again , they have not one days liberty and freedom from the press , to come up and look after any money for them ; and some men are paid off in the last ship , and yet have money due in or other ships , and not one days liberty to shew their heads to get a penny for the same . but if any cursed ticket-buyer meets them , it may be they must sell them their pay due in a ship or two before , at near half loss : and this war hath been the greatest encouragement to extortioners and villains to cheat the king , and to ruin the seamen , that ever was in the world , if my understanding fail me not . and again , . this ruining so many thousands of seamen , hath been a pretended necessity to help ruin the rest , either in their pay , as aforesaid , or by their totally losing all their pay , that are made run , and have no friends to look after it ; for i can shew under the hands and seals of near thirty in one ship , that are made run in other ships , or in their own where they are still ; and they did desire to have the books searched , why , or when they were made run : but that would not be admitted without petitioning ; and the men cannot have leave to come up to petition ; and so their pay may be lost until dooms day . but whether the nation will thrive the better , god knows . indeed we thrived better when we beat the french : but after that the seamens miseries came 〈◊〉 thick and threefold , as may be seen in the last part of my book : and how we have thrived since , let the smirna fleet , and the east india ruines , and west india and guinea losses speak ; for i believe god would have the nation consider what he speaks by them . and , . another misery to the nation is , that as capt. st. lo hath published to the parliament , and to all the world in print , that it cost the nation above five hundred thousand pound a year , the not paving off our great ships every year , and yet he faith we might have a winter squadron besides , of fifteen third rates , and fourteen fourth rases , besides all our fifth and sixth rates , and that would be money saved . and . the said capt. st. lo , one of the commissioners of the navy , hath published , as aforesaid , that it cost the eing , besides about sixty thousand pound the year pressing men ; and if there be prest ten thousand men in a year , it cost the king , by that rule , fix pound a man for pressing of the said ten thousand men. . he saith , that the colliers give or l. a man for seamen , by reason of the press ; which before they did use to have for s , and likewise do sometimes give or s , a man for men to bring them up the river ; and if so , then i suppose i may modestly judge , that the collier-trade , and coasting trade of england , is at much more than an hundred thousand pound the year extraordinary charge , because of the press . and , . it may be modestly supposed , that if there be forty thousand seamen more imployed in the merchants service for other voyages , and they have about l. the year a peice , which is s. per month ; and they use to fail for ; then there is l. a year extraordinary charge for every man in the merchants service ; and that is four hundred and eighty thousand pound the year extraordinary charges , because of the ruin and scarcity of seamen , and because of the press . and also the merchant ships are forced still , for to supply the ruin , destruction , death and loss of the seamen in the king's ships . . whereas had the seamen in the king's ships been preserved , incouraged and increased , as it could not have been modestly computed , but they should have increased or men this war , if they had been paid off every year , as the french and dutch do , and their lives saved on shoar ; and this million of money saved every year , would have been an help to england , towards our losses . but , . if the french save five millions of money this war ( that we wast ) and have got ( as it may be feared ) ten millions of shipping and riches from us , this must at seven years end be a sad difference ; but in the end of my book , i have shewed , how purser maidman published in print , that a french marquess had told the french king , he might make the english ruin themselves . but i hope that our gracious king william , and the two most honourable houses , will prove that marquess a ●…yar for time to come . but indeed our seamen's miseries and ruin hath been too great , and too fruitful . and that , . another misery to the seamen is , when coming home of long and hard voyages , tr●y are prest away before they come to land , and have not liberty t●…re●…esh themselves , with fresh air and fresh provision , neither to receive their pay ; but it may be sent away of long voyages again , to the ●…langering of the ruin of their health , lives , and pay , and ventures cominng home . many masters paying them almost what they please , or li●…arsed villains make their friends go to law for their wages , and all because of the press . . this way of management hath been also very fatal to many tradesmen and inhabitants in this city and suburbs , concerned with seamen ; for the seamen are not safe one day from the press to shew their heads , after they are paid , if it were to save their health , and lives , and money . and thus in fifty thousand merchant seamen kept from coming to london , and about forty thousand imploy'd in men of war , and tenders , and paid most part on board , it may be modestly computed the tradesmen and inhabitants of london , have lost several years the taking of near a million of money a year , at ten pound a man , for cloaths and victuals , and all conveniences for to sit them again to sea , to serve his majesty freely ; and many of them from laying out all their money in goods , to return home to scotland to their friends . for it may be modestly judged , a fourth , if not a third part of our seamen , are scotch . . and what a misery it is to have our seamen so dwindled away as the government , to be forced at seven years end , to press , and hawl , and tear seamen from all merchant ships coming home , and all over the city of london and suburbs , and very many watermen , and the collier-trade to boot ; and that with more violence now , when they have not eight of their enemies in a body this year , and yet to be at more trouble to get men for to fit out half a dozen ships now , then was to sit out the whole fleet , when they were well paid , before they beat the french ; and yet , though this work of pressing hath been almost all this year , yet the scarcity of searen hath been such , that we have had four or five of our biggest ships lain several months not mann'd enough to go out to sea. and , . by this dreadful press from year to year , the seamen of england are hindred from seeing their families ; so that it may be sadly laid to heart , how at this rate of turning them from ship to ship , until they die ; or if by the king paid off lovingly , they shall be catched in a day or two . how then it can ever be expected , by any thinking men , that the seamen's wives , friends , parents , or relations , can ever see their husbands , or friends again , either in london , or any sea-port-town of ●…gland or scotland , while this war lasteth . . except the seamen fly away ( as if they were afraid and ashamed to appear ) by hundreds or thousands , as they have been forced to do of late ; and as joah said to david steal away as men that flee in battel ; which 〈◊〉 old david , 〈◊〉 be of a sad consequence to him ; as they that prease may read 〈…〉 beginning of the chap. of the d. book of ●amuel : and therefore he advised david to speak comsortably to them . but by the present management of our seamen , they have been many of them , forced to fare miserable card , as it seems they did in several hips , on small beans , called by them horse-beans , two days in the week , and pinched for 〈◊〉 ale , called water , until they have six or seven pound a man due for victuals and water-money , as by the king's books will appear , yet they are never like to come to see if his majesty will pity any of their miseries , provided there be but so much care taken , to set two or three ships companies to press diligently in london , it scares them away from the city , worse than their enemy's guns ever did scare them from fighting . but as some of them said , when they had hid a day or two , to be kept as if they were in a goal , they could not indure ; and so , as they came privately to london , they stole away with speed and secresie . and they that can think they will ever come chearfully again into the service , must have a stronger belief than mine ; whereas many of them said , had they had but one month's liberty to have spent their money freely , they would have as freely gone into the service again . but not to have one fourteen days liberty , now at years end , for those poor souls that escape with their lives , seems to me to be miserable miserable , deplorably miserable : and whereas , had they been paid off yearly , and had liberty on shoar , and their lives preserved , multitudes of seamen we might in reason have expected to have had to spare , and save many hundred thousand pound per year , as aforesaid . but , . if our seamen be so scarce , and so destroy'd , when our enemy's fleet is all laid up , it may be inquired what we shall want when their fleet is all out . and if all our ship 's books be examin'd , what we have now , and what number will be needful to fill them up with men , it will be found to be near fifteen thousand men , notwithstanding all the extraordinary charge of some millions of money for time past : and if those in the service now , be never suffered to see their families or relations , it may be considered by all thinking men , how those who do grow up for time to come , will ever be incourag'd to come into the service of the nation , so freely as others have done formerly ; seeing those that come into the publick service , must resolve to renounce wife and family . . it may be inquired , if men are turn'd from ship to ship , until they are sick , and then set on shoar for cure , and there dye , and be then qd. or rd. out of their pay ; how in this case it can be safe , to be in the service of the nation , for time to come , or for any tradesmen to trust them that are therein , if there be not care taken to secure the pay of those who are so miserably turned over from ship to ship , until fallen sick , and so sent on shoar , and so dye , and runn'd out of their pay. . and if there be sixty odd thousand quaeried and runn'd out of their pay ; if there be a sitting to pretend to relieve them twice in a week , and there be twenty petitions in a week heard , that is one thousand in a year , and so at that rate , if all petition for relief , their petitions will be sixty years in hearing , pro rato . and , . if some are kept a year , or more , before they are relieved , whose case is just , then it may be considered , how very unjust and cruel it must be to delay justice to them . and to prove the many cruelties and injustices put on ruined seamen , those certificates and affidavits ( laid up in the navy-office ) of those who are relieved , will be sufficient witness ; besides the many thousands whose dreadful case is such , that can get no relief . . and if sixty thousand of the miserable seamen are run out of their pay , as by the several ships books will appear , this may admit of a double serious consideration : one of which god in justice will require of the nation ; let it be passed over as slightly as it will , by those who have all along helped to ruin our loyal seamen and their families ; and that is , how many are unjustly , and cruelly , and shamefully , and unmercifully run out of their pay ? and if but a sixth part are made run wrongfully , their groans and cries will cry louder to heaven for justice or vengeance against the nation , than all the other five parts will do us good . and indeed , the wise man fuith , ecolus . . , . the bread of the needful is the life of the poor ; he that defraudeth him thereof , is a murderer . he that taketh away his neighbours living , slayeth him ; and be that defraudeth the labourer of his hire , is a blood-shedder . and when one prayeth , and another curseth , whose voice will the lord hear ? now this is printed with our church-bibles , and will witness to the world , that it is a killing , a bloody , and blood-sucking thing , to take away the hire of the labourer , and not such a slight thing as some ( that have risen almost from the dunghill , on the ruins of others ) may suppose , and therefore worthy to be the more ●…ly inquired after , and the more especially since there is a more pro●… number of ten thousands of men run out of their pay , than ever the world saw in so few years , and such fatal losses or ships and merchandize followed the same . but dly , suppose the other fifty thousand be made run justly , then it may be supposed greatly useful for the information of the honourable houses ( that would encourage the seamen ) to known and be informed what dreadful usage , or fatal management , or miserable discouragement the seamen of england and scotland have met with this war , that should make them run away so many times ten thousand out of the service of so gracious a king , and so good a country , where god , angels and men will bear them witness ; they will lay down their lives at any time for the seruice of both ; and that they have always been lovers of king william , and couragious for their countrey , and will , if led on , go up to the muzzels of their enemies guns , in defence of their couetrey ; and have never lost one ship , by their default , this war ; and have never run away for fear of sighting , or being kill'd : by which it appears there has been so great a number of miseries thrown on some of them this war , which they esteem worse than death ; and yet there is a further misery of their conversing with ten times more death by sickness , in some voyages , than by their fighting : for when there hath but about thirty or forty men come home alive , that went out in a ship , and the ship , it may be buried three , five , or seven hundred men in a voyage ; and they that escaped with life to come home , have not had so much mercy shewn them , as to be paid off on shoar , to get a little 〈…〉 and strength , and to let the wives , or relations of about forty in seven hundred , see that there was some escaped , and come home again . and to be plain , this kind of stewing to death in ships , tho it have been , it may be ten times more fatal to the seamen than fighting ; yet it is not such a death as the seamen expect or love ; and it is a death of no profit to the nation ; it weakens , and is the way to ruin our seamen , but kills not one enemy . if forty thousand of our seamen be turn'd from ship to ship , until they die , this killeth not one enemy ; but if they lose their lives in sight , they do usually kill a greater number of their enemies , and that is something of comfort ; and their wives , or aged parents , use to get bounty-money , and not be basely run out of their pay , after they are dead : and i must faithfully declare my opinion , that they that would hide the dreadful ruin and destruction of the ten times ten thousand seamen ruined in their health , lives and pay , and would not let his majesty , and the two most honourable houses of parliament know the truth of their misery and destruction , are enemies to god , to the king , to the nation , to common justice and equity ; yea , to common moral honesty and prudent policy ; for the seamen of england must be made use of as long as england is an island , both in peace and war ; and there is not one soul in england safe , in life and estate , if our seamen were destroyed : and if by our blessed saviour himself , it was declared to be a damnable thing of those who should be bid to depart at the last day , as accursed , that did not give meat to the hungry , and drink to the thirsty , and clothes to the naked and strangers , and visits to the sick ; then i would appeal to all mankind , how much more a damnable thing it must be , instead of giving , to take away the bread from the hungry , or be so unmerciful to the strangers and widows , to run them out of their pay wrongfully , and then make them wait a year or eighteen months for justice , and pawn some of those clothes that should help to cover their nakedness , to help them while they petition , and give s. a peice to a fellow or two set to take in their petitions , and get them answered , as many have done ; i do really declare i have sometimes thought that dives's dogs might be several degrees kinder to poor lazarus than such fellows are to poor ruined seamens wives ; for they kindly licked his sores ; and did not snap and snarl at him , and tear his clothes off his back ; and besides , lazarus came to beg mercy , these come to ask but justice ; and that which the nation will smart for , i fear , by some severer strokes , if they have it not ; and in plain honest love to our gracious king william , and good old english interest ; and to honesty and policy , i will declare my opinion faithfully , that if there be not wiser , or honester tools to be found in england , than those who on the one hand help to ruin , or have helped to ruin so many scores of thousands of seamen in their lives or pay ; and on the other hand , have not either wit enough or honesty enough to have our extraordinary rich merchant ships waited for as carefully , with all our many scores of men of war , to secure them home to england , as the french can do with eight or ten ships to secure them home to france . i say , in short , if there be not better tools , god almighty knows when there will be better work ; for our case is like to be sad , and i would say as christ did to the pharisees , concerning st. john baptist's ministry ( tho in another case ) , if our losses be from heaven , they are dreadful ; and if from ●…en , they are shameful and scandalous , and ruining and miserable : and if , as st. paul saith , a little leaven will leaven the whole lump ; then the almighty god knoweth in what places or nations a man or two in half a score , may poyson , mislead and befool all the rest . and now i think of this , there is a place of scripture comes into my mind , concerning israel of old , that god did threaten them to do a marvellous work , and a wonder , isa . . , . for the wisdom of the wise men shall perish , and the vnderstanding of the prudent shall be hid : and woe to them that seek deep to hide their counsel from the lord : and their works are in the dark ; and they say , who seeth us , and who knoweth us . and indeed , to make no application ( wanting parts ) i must leave it to the wise and learned to judge of the meaning of this place , and that before mentioned , of groping as the blind that have no eyes . and indeed in england we have a kind of a proverb , that there is none so blind as they that will not see . and if that be a true saying , there 's certainly much more danger of the king 's being cheated , when they that should see to have it punished , do all they can to have it smuggled up , as some in offices of the navy concerns have been publickly accused to do in the business of stealing the king's stores at portsmouth ; and if our ships that are in the king's service , cannot see the french in a great while , when in the mean time a merchant ship is not safe to go leagues on our own coast , but is in danger to see a french ship , and be taken , which hath been a great riddle to me all this war ; and i have wondred at it , and have consulted how another nation might be so served ; and my reason tells me , they might be so served several ways , as one is by giving men of war command to lye in such and such a place , and not to cruise all over the channel ; and in the mean time , if people had a continual correspondence with their enemy from a sea-port town , as deip may be in france , to rye in england ; then if the one nation did know the station of the ships of the other nation , they might ply up and down in other parts free and safe ; and if a ship or two come almost into the harbours , and takes away a prize , and there be a man of war or two , there ready to go out after them , yetif the commanders of the men of war will not go out after them , as a captain or two would not lately , either for want of will or want of orders , at margate in kent ; then the enemies ships may be safe enough . and indeed , i have many times thought , that when thieves come so near the house , it is very dangerous to have any of their friends within doors : and it may be sometimes they have too many , the more the pity . but i wondred at one thing , which is , of all the intelligence that is carried to and again from rye to france , i knew but one commander that was set to catch them , that took any , and that was capt. grantham , and he took the owler that carried over that mournful news to england , and joyful news to france , last year , of her most gracious majesty's death , before it was publickly known in england , and capt. grantham was presently turned on t of his imployment ; and , as he said , the lords of our admiralty never sent him word what it was for . and indeed , if it were to please the people of rye , or those sea-port towns , they ought in gratitude and thankfulness to acknowledge their lordships kindness , and endeavour to make them amends . but it seems capt. grantham never was sent for , neither ever went to enquire the cause ; and he is not a beggarly fellow to cry peccavi , for taking the owler , or examining her men separately ( if that were his crime : ) and whether there were another owler taken before , all this war , i know not , or whether there were men set to watch , that would not , or could not see them . but for the people of rye , or any other town or place , if they do correspond with france , and do help to betray us , in my mind , they are worse than beasts , to betray their native countrey ; for , as the scripture faith , the ox knoweth his owner , and the ass his master 's cribb ; so none but worse than beasts would betray such a brave country as ours is , into the hands of the worst of mankind , that hath really plagued the christian world , and destroyed more hundreds of thousands of men , and more hundreds of towns and cities , and more of the protestant religion , in twenty five years , than the turks have done this hundred years . and this may be plainly known by those who are conversant in the history of this last hundred years , and the weekly villany of the french for this twenty five years : and i cannot with my eyes and spectacles , see how the biggest traytor and villain in england can secure to himself two pence of what he hath , if our seamen were ruined , and the french prevail over us ; for if an irish , or a popish , or french rogue , or jesuit comes , he may disposses those that were their greatest friends ; and the french king cannot be expected to be kinder to the english than he was to his own loving protestant subjects , who did help to keep him in the throne when his uncle would have put him by , for being a bastard ; and yet , like an ungrateful wretch , he hath ruined them , in their religion and estates more effectually than all the bloody butchering persecutors ever did ; and his dragoons hath out-done all the heathen tyrants in the world , for rooting out religion effectually : and therefore i do look on his friends in england to be void of grace and reason , and honesty and policy , and common sense . and so much for that . but i had almost forgot the remainder of our seamens groans ; for i think i may in the next place , . represent in part the dreadful misery , in their being turn'd over so many hundred times , to the loss of their pay , in their dreadful waiting , till they meet with those fatal plagues of the seamen , the ticket extortioners , who have swallowed up a great deal of their pay at half loss , to the shame of the very name of common moral heathen honesty , and which will certainly cry for vengeance , if those oppressed be not relieved ; for by this turning men over , as i said , so many hundred thousand times , it causeth many hundred thousand of extraordinary troubles in their waiting ; and many poor and wretched seamen have been removed into three or four ships in six or eight months time ; and it often falls out , that one of those payments due , if it be but for thirty or forty shillings , is paid part one year , and part another ; so that if their poor wives , or relations , wait a year or two , as they oft times do , for the first payment , then they are liable to wait another year for the second part of the said thirty or forty shillings due at the same time to the seamen in the said ship , as the king's books will make appear ; only it may be twenty shillings before april , and ten shillings after ; or it may be fifteen shillings before michaelmas , and sixteen shillings after ; and it is so managed , that the ships having not any set days appointed to pay such a ship , ( as sometimes it falls out ) they expect a ship will be paid next week , and perhaps it is a month ; or next day , and it is a week or fortnight , and all these help to plague and torment the poor ruined seamens families , who in five hundred thousand turnings over , may be forced to wait , suppose but ten days for each payment , is five millions of trouble ; which would be saved , if the seamen were , as formerly , kept to their ships a year or two , and then paid . but now another dreadful misery is , by this turning over : it is common to protend to pay a ship , and it may be there is left nine months in hand ; and perhaps not fifty men in that ship hath money due so long : but they that have a year , or two years , or more pay due , are turn'd into other ships ; and when i think of the seamens miseries this war , if i were to represent them at large , i might write a volume as big as a church bible ; therefore what i have written , or can write , is like a painted fire on a wall , they and their families feel the heat of the devouring flames , in their lives and pay ; and it may be some will , to paliate the business , say , that it is subject to all men to die . now to that i will answer , it is true ; and i have suppos'd the dying of people in the bills of mortality ; wherein suppose there dieth twenty five thousand in a year , which is the most ; and there be a million of people in all , it is but one in forty ; and many count the city more sickly than the countrey ; and if so , it is but the whole number of people dead in forty years , which is about a sixth part every seven years . but our sea-affairs , by the ships books , will prove , that there hath been more buried in seven years than the honourable house of commons hath reckoned will man the whole fleet the next year ; and yet i suppose not above one in twenty , with sighting against their enemies : and except those two or three thousand poor seamen dead in france ; the rest are all dead among those that should be their friends , and by their death have not hurt one of their enemies . and now i speak of those who die in france , i will mention one misery , and deplorable misery more . . of the most dreadful number of seamen taken into france in men of war and merchant ships , lost this war , those who escaped with their lives , and were brought back to plymouth again , those poor souls had not one penny of money , nor a rag of cloaths , but such lousie ones as the french gave them , were forced to beg or starve to london ; and if they perish on the road , as the lord knoweth who hath , and who hath not : but beg or starve is generally the word ; and when they come to london , here they must have no money , nor cloaths , but wait orders what ship to go into next , naked as they came . and if the citizens of london will trust them for cloaths , they may ; but if they do , they must expect to be threatned to be shot , or have their boats staved at the ships sides at pay-day , if they go for their money , or come to bring cloaths to sell the seamen , which is a common practice of late . so that the dreadful misery of the seamen , as i said before , begets more miseries ; for if they have not money nor cloaths before , nor cannot be supplied at pay-day , this is adding misery to misery : and another thing i would observe by the way , that before the giving about sixty thousand pound a year to the double-pay officers , under whose management ( it seems ) the nation hath lost near an hundred ships : i say , before that , the seamen taken into france , had the forty shillings a peice his most gracious majesty used to allow them , when taken in the men of war , which is now denied , and taken away from them ; which makes me wonder what is the real meaning of that saying of the wise king solomon , prov. . . he that oppresseth the poor to increase his riches , and he that giveth to the rich , shall surely come to want . now this text is fit for the learned to consider of , whether the ruining , and running our seamen out of their pay , after they have been turn'd from ship to ship , until they fall sick , and then sent on shore , and there die , with several other miseries thrown upon them , be the way to increase our riches any more than giving double pay to many that it may be never saw a gun fired in anger this whole war. and another misery on some poor seamen , or small officers is , if a man be a small officer , though it be but or shillings per month , and have several lodgers that he hath fed and clothed , when they had no money , if they leave a power for the friend or landlord , to receive their pay , it shall not be paid , because he is a small officer ; though by the way , those small officers that never had an opportunity to cheat the king , and the seamen , in their tickets and pay ; these have no double pay , neither a penny more than formerly : and yet , if any poor widow in scotland desires one of these officers of or shillings a month , to receive her dead husband's money , it shall not be paid , which to me seems to be a punishing the righteous with the wicked , which abraham did believe god himself would not serve the sodomites . and , . another way of depriving poor , miserable , ruined seamen of their pay is , though they are discharged fairly , by reason of sickness or distraction , and stand fair in the ships book , and have tickets given them , regularly signed by all the officers , to receive their money , yet if the commissioner will please but to ask they that have these powers and tickets , where such a man is , or in what ship , and they do not know ? as who can tell where a man is a year or two after he is discharged , ( when it may be he has been in several ships , ) then the commissioner will not pay one penny of the poor man's pay ; so that if the management of the seamens pay be examined , i am afraid it will be found to be all will and pleasure , alias all arbitrary : and , indeed , many thousands have found it so ; and that makes me think of the thousands of prentices in the navy , if they be poor watermens , or widows prentices , &c. if the commissioner pleaseth , he will pay the prentice , notwithstanding the indenture . but if it be such as the commissioner pleaseth to stop the money on board of ship , by indenture , the prentice shall have not a penny , though it may be his master hath not been at twelve pence charge in a year , for the prentice , so that there is no certain rule , but all left to will and pleasure , whoever is ruined . now it may be some will think , i have met with difficulties in the pay of the fleet my self . now as to that , i never used to complain in my own cause ; neither did i ever petition the navy-board for but one run , of all that ever i was concerned with , and that was for a poor widow at lynn ; and had it answered , but it was or years past . and indeed , i have received a thousand , or fifteen hundred payments , of seamens pay , my self , as the king's books will make appear , and i bless god , i never had any complaint against me , to be called before them : for i bought most part of what i bought , at two shillings , or half a crown profit , and some at three shillings profit in the pound ; and i do not know of one above that profit ; for i bless god , i always hated extortion and oppression ; and had i gotten half in half , as some cursed extortioners did , i had , as i received at first or thousand pound per year , doubled it , and doubled it , to have made it up above twenty thousand pound by this time , and so have had a cursed great estate , as it may be some others have , out of the ruines of the poor , and the cheating of their country : for there be some who have grown up like pumpkins , from a dunghill , to a prodigious bigness , and are like maggots in the poor sheeps backs , that the bigger the maggots grow , the more the poor sheep is eaten up . but i pray the god of heaven and earth , to stir up some publick spirited persons , to consider how dreadful a thing it is , that our maritime sheep should be thus eaten up , and devoured , for want of looking after . and now i will return to the poor seamen . i found by sad experience , that so soon as the seamen had beaten the french , their miseries began to be multiplied , as i might shew more largely ; and i was not easie to buy their pay at dearer rates , than i would sell , if i had been to sell and lose to another : for that is the rule that christ himself saith is the substance of the law and the prophets , to do as we would be done unto , and that is in the church-catechism ; and which rule , i believe , is planted by god himself , in the law of nature , and by which all mankind shall be judged at the great day : and if these nations will not learn their catechisms , i believe god will whip them : i said so last year of the east-india-company's concerns , that god did command all mankind , to do as they would be done unto . and what they learned , god knows ; they have , i am sure , been so whipped this year , that they , nor their fathers , never knew the like . and god will , i believe , plead the cause of the poor . it were well now , under this searching rod , since it appears god is risen up in judgment against our sea-affairs , that we would oblige our selves , as christians , to seek and enquire after all the causes of it , if possible , both of sin , the procuring cause , and men's knavery , foolery , or negligence on the other hand . but this , by the way , i say , i bless god , instead of taking advantage of the misery of ruined seamen's pay , to buy it at half loss , i have left off buying any at all , for near three years , neither ever will buy any in this world ; and for the next , as job saith , there the weary are at rest , and there the wicked cease from troubling . there mankind will not cheat and ruine , and plague and oppress one the other . and now i have said this , it may be some will say , i am mad indeed , to lose the getting of so many thousands of pounds , and now to trouble my self with the misery , the knavery , and ruins of mankind , and get nothing by it , but rather run the hazard ( if any will be my enemies ) for telling the truth , to be ruined my self . and in answer to that , it is true , i do in the presence of the eternal blessed jehovah declare , in whose prosence i write , that i do not know of one falshood or lye , in whatever i have written , as represented by me ; and i know that god will bring every work to judgment , with every secret thing , whether it be good or evil ; and so i would write every line , as that which may be brought to be known to these nations , for to be considered of , and as that which i would have it , all found truth in the great day . and now , having said this , and considered of what i have represented , of the dreadful ruins and destruction of our english and scotch seamen , and there is not one soul of them knoweth what i write for them : and indeed , it is a mercy they do not know their miseries together ; and while they know it apart , they groan under it apart . and for those who are dead , they cannot complain ; and those who have been so far provoked to go away , and serve other nations , they will not come again , i suppose quickly , to complain : and indeed , as job said , . & . doth the wild ass bray , when he hath grass , or loweth the ox over his fother . if the poor miserable ruined creatures , lose the grass and fother at home , with q's and r's , it may be they will bray ; and since they beat the french , and are so dreadfully ruined in their pay and liberty , some have sworn by their damnation , they would serve the french , or any nation , rather than be ruined at home . who can help their swearing : solomon saith , oppression maketh wise men mad . and if so , who can expect any other from them , that are not over-wise . and when i have represented a few of their miseries , if the lords of the admiralty were ordered to lay before the parliament , the method of some commanders abusing the seamen , or cheating them , or their families , or the nation , in the seamens tickets and pay , which some have been accused of publickly : and also , the commissioners of the navy , were to represent what number of petitions the poor , and distressed , and miserable seamens wives , widows , or relations , have laid before them , for tickets kept from the seamen for their pay ; and let the account-books , and ship-books , be also searched , to see how many hundreds of pounds worth of seamens tickets have been received publickly , by , or for the commanders of some ships , while they had liberty to receive them without so much trouble as to forge powers , with all that other cursed villains have forged ; and how this misery hath helped to make the seamen miserable in the loss of their pay : and to make their families more miserable , by pretending to hinder the poor ruined seamens wives from getting a clerk to search the ship 's books their husbands belonged to , or dyed in , to see whether they be standing fast , or run out of their pay. this , i say , would be a means for the parliament and nation to see something of cheating the king , and the seamen publickly . and as i said the seamens miseries are fruitful , so is their being cheated of their pay made a help to their misery . for though there be perhaps forty or fifty clerks and clerks boys can see the books , and though the captains clerks of every ship , and the purser of every ship , hath books of all the seamens names , and can give out copies of what names they please to those that can forge powers to receive seamens pay , to the value of two or three hundred pound in a ship , and the captains and pursers make out tickets for the same , to offer to sale , without powers , and to keep men open upon the ship 's book a whole west india voyage after they are gone : yet these things , though proved , are not minded to be represented to the parliament . but if a poor seaman's wife , or a poor seaman in the hospital , would see whether he be run out of his pay , or whether it be received by one or another , they may petition the navy-board , and give the clerk of the petitions a shilling for the petition , and his boy six pence , to remember his worship , that he may put his master in mind , that such a man in such an hospital desires to know whether he be not run out of his money in such and such a ship 's book , where he was sick , or turn'd over . and , it may be , in this time of extraordinary need of seamen , the poor seaman is prest away again , with the hospital-certificate in his pocket , and that taken from him , and he sent on board of the ketch , to be carried away before he get the book searched . but if he be old and crasie , and have not money to buy himself off , it may be shame , or fear , will make them clear him again ; and then he may look after his petition again ; and that is a better misery than ordinary , to be miserable enough , to be sent to the hospital in london , and have liberty to look after his money due in two other ships . whereas , had he not , it may be he would , if living , and like to come again , have been run out of it , if gone away , they expecting he would not come again , they then set down in the book , paid the party . and how many of these paying the parties there hath been this war , that the party never had a groat of i know not ; neither what a fatal misery it hath been to poor seamen's wives , the not having liberty to be rightly informed how their husbands stood in the book , without petitioning the navy-board ; as if the wives being truly inform'd by one of the clerks , ( tho she never look into the books ) would be the blowing up of the whole book : but if i am not mistaken , if i had not left off ticket-buying above three years ago , but had taken all the advantages of sea-mens miseries , this trick it self might have helped me ( with a good friend ) to get the books searched privatly and so have bought seamens miserable pay at the same cursed price , as some others have bought it at : but blessed be god that my mother taught me the catechism to defy the devil and all his works , the vain pomps and vanities of this wicked world. and now i think of the church catechism , of defying the devil and all his works , and teaching us to do to all men as we would they should do to us , makes me think also how honest men may buy the seamens pay , at two or three shillings in the pound profit , as i did ; and so long as they do , as they would be done unto , may serve the king the nation , and the seamen therein : but those that buy at ten or twelve shillings in the pound loss to the poor seamen , ( as many have done since the seamen beat the french ; ) those i do take to be such as the ministers and people , and whole church of england are bound to curse every year ; for i find in the book of common-prayer , that in the comination there are these several curses . cursed is he that removeth his neighbours land-mark . cursed is he that maketh the blind to go out of his way . cursed is he that perverteth the judgment of the stranger , the fatherless and the widow . cursed is he that smiteth his neighbour secretly . cursed are the unmerciful and extortioners . now there is not a minister in england allowed to take upon him the cure of souls in the church of england , but is bound to declare his assent and consent to this by act of parliament ; and these curses are to be read once every year , and all the people are bound to say , amen . now the proving that the generality of seamen have been extorted out of half their pay , by ticket-buyers , and been very unmercifully dealt with , will prove to all mankind , that they that have been unmerciful to them , and they that have been extortioners to them and their families , are a cursed generation by the doctrine of the whole church , and by the assent and consent of near ten thousand ministers ; and then again , if this so solemn a curse be dreadful as being the work of the whole church ; and if one accursed act of achan did trouble the whole host of israel , and made them flee before their enemies until it was discovered , and the author punished ; then who can tell how dangerous it may be to these nations , to let such unmercifulness , cursed unmercifulness and cruelty go unpunished ; for if god requires the authors of such horrid miseries to be found out and punished , he expects it should be done , or this nation , must surely expect to be corrected , for st. paul saith , god is not mocked , for whatsoever a man sows , that shall he also reap . and i am sure , since the running and ruining of the seamen and their families , our poors book is risen to be twenty seaven months to the year , and we are also in debt , so that i doubt our poors books next year , must be about twenty eight , or thirty months in the year to get us out of debt for our poors tax and since we have had so miserable a number of poor ruined seamens . widows or children , our poors taxes are so exceeding high , and our trade in the mean time is so way-laid , that when his majesty ordered the payment of several ships , it hath been so managed , that tho the men are discharged and paid off , the king is put to the charge to pay them off near thirty miles from london , and the city and country way-laid to catch them if they come to london ; and those poor souls who escaped with their lives , where an hundred or two in a ship died , and several scores sent on shore sick , when they came in to be paid , yet not a sonl of them safe from the press one day for their poor wives to take care of them , or they to bring their mony to their wives , or to eat fresh provision , and get a little strength to recruit again before they go out , or to lay out their mony at best hand in london , or to return it home to scotland ; but when the king pays them , they are , many of them , prest away in a day or two very miserably , and the city of london and subarbs , ( who must supply them with bread and cloaths when they come from captivity , or they may starve , ) are disappointed in taking any of their mony ; and i think if we have lost above a thousand merchant ships , and near an hundred men of war , it may be modestly computed , that there hath been near twenty thousand carried captives to france this war ; and yet let the city supply them what they will in their distress , they shall be sure to be paid far enough off from their taking any of their mony , so that tho the city of london hath been always loyal and faithful to k. william , and ready to assist him with their purses and persons , and the seamen of england always loyal and ready to lay down their lives at any time for his majesty and the nation , if led on to the muzels of their enemies guns ; and yet i will challenge all mankind to shew such examples of the cities being deprived of the seamens trade , and the sea-mens being so ruined in their pay in their liberty , and in their lives with such fatal ruin , and for so long continuance , since england was a nation . and indeed , however it comes to pass , the providence of god , by my extraordinary zeal to assist all seamen to serve his majesty , and these nations , hath enabled me to know more of their cases than , it may be any private man in england ; for as i have assisted thousands , and that as cheap as for ready money , to encourage them chearfully in the service : so among their deaths , and being turned over , or prest from ship to ship , i shall lose about a thousand pound , and that by about four hundred men ; and of all those four hundred men , there are near three hundred and forty dead , or gone i know not where ; and i , bless god , that i buy my experience of the seamens miseries , thus dear , for instead of repining against his holy providence , i find he fitteth me with content , and with an heart to compassionate the miseries of those that i have lost so much by , and all the rest of their ruined companions . and i may almost admire how some that have been raised up in the ruines of the poor and miserable seamen , can have their hearts so hard and obdurate ; yea i say , case-hardened : as to help ruine them more and more , and , in the mean time , smother up what they can of his majesties and the nations loss in our seamen ; and the king and nations being cheated of a multitude of money or stores . i had written much more largely , of the miserableness of the seamen , and the method of the king 's being cheated , and the seamen being cheated , but that i was afraid it was too large to trouble the two most honourable houses with , and so haue , in these i ast four days , drawn up this short breviate of what part of their miseries came readily to my mind , having not time nor patience to look over my other book , considering that every misery that is represented , the cause being found out , the cure will be quickly understood . it doth seem strange to me , that the nation , which doth all in general agree , such as are men of sense , honesty and love to their countrey , and the true protestant religion , that they have cause to bless and admire at the good , miraculous and gracious providence of god , in raising up our most gracious king william , to be a means of a deliverance for us , and a defence for these nations , and oppressed christendom . i say it is strange that we should see cause to bless god for this , and even enjoy our selves under our own vines and fig-trees , and yet at the same time let the seamen of england be ruined and dwindled away so many ten thousands of them , and not mind them , and yet call them the walls of the nation , as if it could be safe and secure to dwell in any house in the world after the walls are thrown down : for my part , i do faithfully declare my opinion before god and man , that if these abide not in the ships ( as st. paul said of the mariners that were with him in the storm ) , there is none can be safe ; and i am sure our scamen cannot abide in the ships , if they are kept until they are stifled to death for want of fresh air and fresh provisions , and so thrown half of them over board . neither will they , i fear , abide in the ships , many of them , if they see their ships are prisons for seven years , without fourteen days release , and especially if they see many of their prison-keepers beat and abuse some of them like dogs , and it may be call them dogs , and eternal damn'd dogs , into the bargain ; and if , as purser maidman says , in his book called , naval speculations , printed by mr. gilliflower , that in some ships the officers must live like slaves in algier , if they cannot , like spaniels , fawn enough on the captains . i say , if the officers live so , what must the poor sea-men do , that are liable to be beaten by captains and inferiour officers also . but however , we have some worthy admirals and commanders , that will not abuse the seamen , neither suffer the officers to abuse them ; and this i speak to their praise . and now coming to a conclusion , i bless god , who hath put it into the king's heart to speak for the seamen , and that for their encouragement . and thus i have plainly laid down some of their miseries . and i might begin again ; for more of their miseries crowd in upon me . but these before-mentioned , if well redressed , will remedy most of the rest . but when all is done , if any of the tools , who have helped to ruine them already , be left to ruine them again , i cannot help it ; my book is done , and the lord jehovah bless our gracious king william , the loyal lords and commons , and these nations : so prays w. hodges . hermitage-bridge , decemb. . finis . errata . page . line . for [ who are n●w ] read none . ibid. l. . for [ rais'd ] read received . p. . l. . for l. read l. p. ● . l. ● . for one r. many . complaints and queries vpon englands misery acted octob. , , by some officers of the army, against the parliament of the common-wealth of england / by a true lover of the lawes and liberties of england, e.d. e. d., true lover of the lawes and liberties of england. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) complaints and queries vpon englands misery acted octob. , , by some officers of the army, against the parliament of the common-wealth of england / by a true lover of the lawes and liberties of england, e.d. e. d., true lover of the lawes and liberties of england. [ ] p. printed by j.c., london : . reproduction of original in yale university library. eng england and wales. -- army. england and wales. -- parliament. great britain -- history -- puritan revolution, - . a r (wing d ). civilwar no complaints and queries vpon englands misery: acted octob. , . by some officers of the army, against the parliament of the common-wealt e. d d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion complaints and queries vpon englands misery : acted octob. , . by some officers of the army , against the parliament of the common-wealth of england . by a true lover of the lawes and liberties of england . e. d. london , printed by j. c. . complaints and queries upon englands misery , acted octob. . complaint . o how dolefully different is this day from this day sevennight ? when parliament , and councel os state , lord mayor , aldermen , and common-council of the city of london , with the officers of the army , met at their sacred solemn devotions of singing , praying , praysing and preaching the praises of god , for the late deliverance from the northwest insurrection ; marching afterwards in great state with sound of trumpets , atrendance of armed souldiers , and aspect of innumerable people , to a most sumptious dinner , where they eat and drank of all choise varieties and rarities , with great welcome , and rare musick , and all interchangeable signs and significations , of integrated unity and amity . but now the army hath ( they say ) dissolved the parliament ; and is not this daies sorrow far greater then that daies joy ; sad enough to break more hearts then on that day were made merry ? query . say ye the parliament is dissolved , how can that be , when by an act of the people in parliament , this parliament was never to be dissolved , without an act of their own . nor did those representatives of the the people of england ever consent to their dissolution ? so that let come never so many pretended parliaments , conventions , forms pretending supream power ; yet will not the supremacy of this parlliament still impend over them ? will not the authority of this parliament be still in force , to call all the said pretentioners to an accompt , and to stick in their sides , when ever the free people of england , ( continually watching their opportunitys ) shall bring them back to sit in parliament ? compl. however , if the army have not dissolved , yet sure enough they have interrupted , and put off the parliament ; which is sad enough . it being all one with not having a remedy , as not to have liberty to use it : so that the cry of the good people is ; the parliament is gone , and we in probability for ever undone . quaere . whether we shall do well , so to conclude ? for did they not so once afore , in olivers time ; some of them assisting him in that evil , others of the army afterwards , strengthning him keeping out the parliament till many of the commander , and some of the souldiers troubled in conscience left the army ; and others so manifested their dissatisfaction , that they were lifted out by oliver ? and is not this last evil in this second interruption greater then the former ? and therefore like to cry lowder against their consciences , to cause them ( if god please ) to return ? i say , i query whether this second interruption be not greater then the former , all things considered ? for , did not the remaining officets of the army ( pretending to godliness ) refuse to take warning of treasuring up an evil conscience , by the trouble of conscience that befel the others ? did they not assist in the proclaiming richard protector ? not knowing any sufficient ground ? and had they not the patience , and connivance at least ▪ if not giving some assistance to the said richads callin a free pauliament ( as they named it ) ; so free , that besides ( through notorious patching and shuffling ) the most of them were english cavelleers , arch royalists ; there were called in scottish and irish ▪ representatives ; against all law , custome , ordinance or shew of authority whatsoever ; to the dangerous prejudice of this nation of england ( they being a third part more then the quorum of an english parliament ) able to make lawes upon us without our consents , if at any time of ours should not be in the house ? and moreover did not the complexion of that parliament ( as they call it ) appear as looking towards a kings at least did not the army suspect so much , whereby they feared the reverting of kings , queens , lands , and fee-farmrents ? and did not the officers of the army upon these and the like considerations , set forth in print their repentance for all their aforesaid evils , of may , . saying , the publick concernment of this commonwealth being through a vicisitude of dangers and back-slidings of many brought into that state and posture wherein they now stand , and our selves also contributing thereunto , by wandering divers wayes , from righteous and equal paths ; and also observing to our great grief that the good spirit which formerly appeared amongst us in the carrying on of this great work did daily decline , so as the good old cause became a reproach , & c. ? and did not they and some of the former commanders troubled in conscience as aforesaid joyning with them , earnestly intreat in the said printed declaration , ( that this parliament formerly interrupted by oliver ) would return to the exercise and discharge of their trust , promising them ( in the said declaration ) that they would be ready in their places , as becomes them to yield them their utmost assistance to sit ▪ in safety , in setling and securing the peace and freedom of this commonwealth . and when this parliament with much self-denial , ventured themselves divers ways to sit and act , and now the conscentious officers that afore relinquished , or were ejected out of command are restored to their respective commands ; did not the generallity of both sorts of the officers aforesaid , ( all pretending to godliness ) now again stop this parliament from going to the house , and therein seem to vomit up their repentance ( repenting of that repentance ) and to lick up that vomit which formerly they had spewed out . and did not the same men herein fare worse then before ; not onely in transgressing against their former self-conviction , former examples of conscience , former repentings , former repentance of their indangering the whole commonwealth , but against the sage patriots of their countrey and pious ( for the generallity ) towards god , and some of them brave soldiers ; and that after they had sat half a year , mainly doing their drudgery , getting laws of excise and custom , raising taxes , and paying souldiers by sea and land ? yea in the very act of stopping the speaker in kings-street , when a lieut. col. busling in the business , was asked why ▪ he did these things ? did he give any other answer , but this ? that he had received a command so to do . and doth not such an answer as this make a considered man astonished what might be the godliness ( so much cryed up ) of a souldier , that out of the business of war , and resistance of the supream legislative power obey an unrighteous command ( his conscience being witness ) without dispute . compl. they were necessiated ( they say ) thus to stop the parliament , for self-preservation . quaery . is there any doubt but that self was mainly in it ? but is there any necessity ? can there be any necessity ( if we believe that god governs the world ) of sinning ? or was there such a stress to be put upon nine mens losing their commissions , wherein were imbarked onely a little future ayry honour , and durty riches , they having had enough already to make them of low-men to live like lords ? or is not the truth of the storie , that they brought themselves into that dammage ▪ if they count it so great a dammage , as to tear up all , rather then to fall into it ? for , did not fourty commanders of the north-west expedition presently after their compassing things about chester , subscribe a petition , or some such paper to have a generall , and generall officers ? and when the parliament ( having private notice of it ) voted that the granting that request was needless , chargeable , and dangerous to the common-wealth , did not officers anon after subscribe a representation and petition , wherein ( besides many shrew'd reflexions on the parliament hinted , as it were of their ingratitude , their oblique admonitions of the army , &c : ) desiring of the parliament nine proposals ; in the sixt and seventh whereof they petition that no officer might be put into the army but by a committe of nomination , nor put out of the army without a due proceeding at their court martial ; and in the eigth they neatly couch that their commander in cheife might be more fixed in his commission , then the condition of the parliament it self was , according to a certain vote that they had formerly passed , touching the length of their sitting ? and were not these proposals obvious to be interpreted ( as some did interpret them ) that the army cold better trust the said committe of nomination , and court martial , then the parliament ; and looked more after their own establishment then that of the parliament ? and to graspe at a power to change the complexion of the army ( the parliaments servants , ) as they the officers should see cause , without the cognizance of the parliament their master ? yet because in the said paper of proposals they did so often mention themselves to be the parliaments faithfull servants ( which title did they make good ) did not the parliament strein hard to squeese out so much out of the said paper as to give them thanks for the good expressions of their affections , and faithfulness ; and to tell them they had already taken into consideration some of the particulars in the said representation ; and that they would the rest on saturday next ? and did not the parliament keep their promise ? and within few dayes were come to the sixt proposall afore-named ? but mean while , did not nine of their officers , not staying for the parliaments answer subscribe a letter , sending it about to the rest to subscribe it , to be sen to the army in scotland and ireland , that the officers in both these places might subscribe to the said representation and proposall , which , with the said letter ( mentioned therein ) they accordingly sent the said letter ? which attempt did it signifie less then that they were resolved here in england to adhere ( and to get the rest in scotland and ireland to adhere if they could ) to those proposalls what ever answer the parliament should give them ? this originall letter with the said nine hands , being brought by a commander to whom it was sent to subscribe , unto the parliament , was it not a sufficient cause to make the parliament the same day it was brought in , after long debate ( for they sat late ) to vote the commissions of those nine officers voyd ? and thereby to experience whether the army , or parliament were in chiefe rule ? and whether the parliament were not better to dye in honour , then to live and loose their authority ? now doth this story merit such a self preservation , as must be attained with an universall desolation of the safety of three nations ? are nine mens pomp and riches , or rather only the continuance of addition of those two ( for there was nothing but parchment voted away from them ) balanceable against the peace and prosperity of three nations ? if they say anon the parliament might vote out nine more and nine , &c , &c : is this imaginably possible ( unless so many would be as disobedient as the first nine ) seeing the parliament cannot be without an army ? and could the officers of the army , yea and some of the said ejected officers brook it to be uncommissionated by oliver or the other so dealt with from time to time ▪ for their faithfulness to the parliament ; and are they now affraid to be voted out of commission from time to time , whilst they stand faithfull to the parliament ? if they say ( as some of them did that octob. . ) that they were forced so to rout or stop the parliament , that they might know whether they were to live or dye : is not this a strange ceimaera , phantisied meerly in the braine , unbecomming men of valour , that had so often boldly looked death in the face ? had the parliament had that in their hearts , might they not as easily have voted them to be seised upon ? did this parliament execute the king without unkinging of him ; and could they not imprison or punish commanders of an army , without first uncommissionating them ? did not therefore these officers in opposing the parliaments sitting , seek a self-preservation rather from their own jealousies , then real dangers ? however , may not any malefactor as lawfully , if not more lawfully , offer violence to an officer of the magistate , sent by authority to arrest , or imprison that malefactor , alleadging he did it out of self-preservation ? compl. but they did put this cessation upon the parliament ( as they say themselves ) for another reason , viz : because the voting out of nine officers at once did put a disreputation upon the army . que. did not the earl of essex and hundreds of men of quality submit to the parliament to be laid aside and took it not to heart , as these men have done ? were they not rather honoured for their self-deniall . que. did not oliver do neer as much at one time ; and much more at severall times to the value of an ? yet had they any courage on that juster occasion , to extricate and deliver themselves ? yea could this one act , and but once acted since the parliament sate , in slightly punishing nine for disobedience to them , put a disrepute on an army of or ? did not they in their address to richard delivered ( the former convention sitting in parliament as they called it ) importune that all uuworthy men should be removed , in what place soever they were , whether among themselves or &c : and then ought it no disrepute to the armie ? if they say , but those they meant were indeed unworthy , but not the said nine : then the query will be , whether the parliament are meetest to be the judge of that , or the army ; yea those nine , and that in their own case ? but the maine query touching this complaint of disreputation is , whether the revenge or remedy they took , in interrupting the parliament of england ( called together this second time by their own intreaty ) were the right ready way to cure that their supposed disrepute ? or rather was not a direct course to accumulate more , and worse reproach upon themselves the longest day they have to live , in the eyes of all true english-men ? and to leave it on record when they are dead in the chronicles of england ? yea have not this supposed cure , wounded the repute and hearts of all the sober godly people of england that adhered to the parliament , by the taunts of enemies at home , crying to them , where is now your parliament ? and by the rejoycings of the enemie abroad in all nations round about us , animated ( in all likelyhood ) hereby to invade us ? yea whether the officers by this breaking off of parliament have not rendered themselves a scorn to their own soldiers whiles they now jeer , saying , every month , or quarter they have a new master ? compl. others say , shall the parliament vote all the godly out of the army ? querie . are those nine all your godly ones ? yea are those nine all godly ? cold we ever heare , or learne so much touching some of them , though it would have been joy to us to have heard it ? is not he godly that doth godly , tit. . . ? or can true godliness be seperated from righteousness by the same place ? or is he a righteous man , that doth not that which is righteous , joh. . ? or are these violences against the grand government of a nation , the fruits of godliness , jam. . ? is this to learn meekness of christ as we are commanded , math. . ? do soldiers herein as becomes godly ones , obey the command of god , luk. . ? and john baptist said to the soldiers do violence to no man ; neither accuse any falsly , and be content with your wages ? is this according to that rule , dearly beloved , avenge not your selves , rom. . ? can men be godly according to the first table , whilst unrighteous according to the second table , jam. . . must these nine godly ones ( if so ) be redressed at no cheaper a rate , then by pulling up the foundation of the ancient only supream authority of this nation , to the great grief of thousands of godly people , to the stopping of the trade of thousands of tradesmen ; to the preventing the timely reliefe of thousands of poor prisoners , orphans , and widdowes , for whom the parliament were preparing to relieve them ? is this according to joh. . . to lay down our lives for the godly brethren ? or in it not rather like matchiavels maxim , let our friends perish so as our enemies perish together with them ? if ye from thence call to mind , and object your ventering your lives for the good people and parliament of england ; the query is , whether most of you did it not when ye had but little else to venter ? and whether the parliament and many of the good people of england did not venter their lives and great estates , viz : hanging up and confiscation , if the king had prevailed , besides ventering their lives ( a many of them ) in battle receiving many honourable wounds ? and whether all the people of england have not well paid you ever since ; thousands becomming very poor , to make you rich ? and whether they making you their servants , and thus daintily bringing you up , ye have not most ingratefully made your selves their masters ? compl , we will not , say others of them , serve the parliament , or any forme , contrary to the common main interest , viz : of freedome as men , and freedome as christians . querie . touching liberty as christians , that is liberty of conscience , what signes or tokens were there of the parliaments infringing this ? were there not many for one , in the parliament for large liberty of conscience ? yea did they not manifest it in a resolve at a committe for that purpose ( and 't is in print ) for a larger allowance of liberty of conscience then the army petitioned for ? let us set down both , word for word , and then see whose expressions for that thing are larger . the humble petition and address of the officers of the army , to the parliament of the commonwealth of england , may . . proposall the sixt . that all persons who profess faith in god the father , and in jesus christ his eternall son , the true god , and in the holy spirit ▪ god coequall with the father and the son , one god blessed for ever , and do acknowledge the holy scriptures 〈…〉 testament , to be the revealed , or written word or will of god , shall not be restrained from their profession , but have due encouragement and equal protection in the profession of their faith , and exercise of religion , whilst they abuse not this liberty to the civil injuries of others , or disturbance of others in their way of worship : so that this liberty be not extended to popery or prelacy , nor to such as shall practise , or hold forth licentiousness , or prophanness , under the profession of religion . thus the army , in their address afore●●d . the committee of parliament for government , october the th . resolved , that the supream deligated power is not intrusted to restrain the pro●●ssion of any person , or persons who profess faith in god the father , and in jesus ●hrist god manifested in the flesh , and in god the holy spirit , god blessed for ●vermore , and do acknowledge the holy scriptures of the old and new testa●ent to be the revealed or written word , or will of god ; but ought to give due en●●uragement , and equal protection to them in the profession of their faith , and ●●cercise of religion , whilst they abuse not this liberty to the civil injury of others , 〈◊〉 disturbance of others , in their way of vvorship , thus the commttee of pa 〈…〉 ment . now the quaery is , whether the committee doth not express themselves in ●●ger and softer termes for liberty of conscience , then the said officers of the ●rmy ? and if any reader cannot perceive it ; whether if he as a quaker or a ●ocinian ( to name no more , though more might be named ) according to what hath ●een truly recited out of the said printed copies ) whether we had not rather ●ubscribe to that of the committee , then to that of the officers of the army ? yea 't is quaeried further , whether this were the way to secure liberty of con●cience , to disperse the parliament , the only legislative power to restrain the adversaries of liberty of conscience , by a law to give way to the said liberty ? yea , whether whilst we look on the present , and former breaches made on parliaments , and invasion of worse things in their room , ushered in commonly with 〈◊〉 cry for liberty of conscience , do not render this cry very suspicious , that it is used only as a visard to palliat every ugly design ? . touching liberty as men , that is of our persons . that we be not unlawfully ●mprisoned , and of our purses and estates , that they be not drained by illegall , ●awless taxes , and of our familes , that they be not molested with force and free-quarter upon and in our houses , and upon which the quaere is , whether the way to attain this liberty securely be , to take off the parliament , ( the only legal assertor of that liberty ) whilst there are great armies in england , scotland and ireland , that must ( or at least will ) be maintained ? yea , are not the commanders of the army by this course , in a fair way to make their children , yea and themselves too , very slaves , in case they leave the army , or the army leaves them , and leave us in this condition ? . touching non-serving the parliament , or any form , contrary to the said two liberties ; this quaery is , whether the common use of this word form , ( of late years ) in a disdainful sence , be not a satanical invention , and engine to keep men off at large , from any thing that should bound them to a closer conscientions walking , despisig all wayes of worship as forms , contemning parliaments 〈…〉 ny the power thereof , whether this be to obey the form of doctrine ( 〈…〉 . ) the form of sound words ( tim. . . ) continued in the scriptures 〈…〉 command ( pet. . . ) to submit to every ordinance of man ( in things civil ) for conscience sake ? much more to a parliament that is above kings ? and threatens us ( rom. . , . ) that if we resist the higher powers , we resist the ordinance of god ; and they that resist , shall receive to themselves damnation ? now is there any more natural and genuine highest power , then a parliament chosen by the people , in whom the original of supream powers r●dicated ? quaery further , whether , though in some things there may be a form without substance , there can be any visible substance or action without its form ▪ as , can there be fire without heat , water without liquidity , kinds of beasts and birds and men without variety of forms , true godliness without some form of profession , a fighting army without some form of battallio ? a government set up by the people over themselves without a parliament ( or call it what yo will ) that doth present the people , by the peoples choyse , and consent ? and is not the peoples agreement how they will be governed , a fundamental form of government , both intrinsical to the constitution and extrinsical to the execution of the legislative part ? comp. others say this parliament , consisting of these men , are not fit to a rule , as not refined enough ; and therefore a more refined party is fitter for it . not to excuse the want of that goodness as was desirable in some or of them ; were not the generality of them learned , pious godly men , for men of that rank and quality ? if notwithstanding , the officers of the army and their adherents , knowing them ( i suppose ) by name , would call them into the house , doth it not probably signifie , that they called them to sit , only to do their drudgerie , viz : to out mr. richard , to clear the way ( for i know not who ; ) to make an act of indemnity for the army ; to lay two taxes to be paid within half a year ▪ to pay the soldiery and seamen ; to make two acts , the one for payment of excise , the other for payment of customs , for them whom the army should a 〈…〉 ▪ ter thrust into government to gather up ; dismissing this parliament under th 〈…〉 great odium of the people in the three nations ? it is queered further , if never 〈…〉 refined a party as can be had ( afore christ come , and make all the inhabitants o 〈…〉 the earth perfect saints ) should take upon them , the supream legislative power and rule , can they allow more liberty of conscience , then aforesaid ? can they defray the commonwealths charges with less taxes then will maintaine a stron 〈…〉 fleet at sea , and pay huge armies in england scotland and ireland ? or can they rule justly without punnishing offenders ? if they cannot ; where is the refined difference ? yea where will there be any bassis or bottom of that refined government if the peoples consent concurre not to their sitting ? and if their consent doth not concurre , where is our civil liberty as men , and our liberty of conscience as christians , liable to be imposed upon , to submit to we know not what refined phantasies . finis . the message of john lambert esq, in answer to the proclamation this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the message of john lambert esq, in answer to the proclamation lambert, john, - , attributed name. sheet ([ ] p.) printed for iames dukeson, london : . a satire, signed "john lambert.", in response to a proclamation of parliament, dated feb. . annotation on thomason copy: "feb: . ". reproduction of the original in the british library. eng lambert, john, - -- humor -- early works to . england and wales. -- parliament -- humor -- early works to . satire, english -- th century. a r (thomason .f. [ ]). civilwar no the message of john lambert esq, in answer to the proclamation. [lambert, john] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the message of john lambert esq , in answer to the proclamation . i have not been so long versed in the interest and concern of this state , ( in whose greatest affairs ( since a commonwealth was imagined , and accordingly framed by an army ) i have deserved the name of a second ) as to startle at the sound of a proclamation , and quit my hopes and designs , or surrender at the first summons , which scares none but cowards and men unprovided : i see 't is oftentimes the fortune of greatness and ambition to be clouded and eclipsed , as 't is likewise the more eximious and conspicuous lustre of such grandeur to redeem and recover its self from its ruines and obscurity . the great marius tasted of this vicissitude while he lurked in the fens of minturnae , and yet a more popular person great rome afforded not . shall i gratifie by the meanness of a never yet dejected spirit , the impossible intrigues of my rival ? and must i and my fame be , prostituted to the pleasure and lubet of a treaty victory ? shall i disarm my minde , and abandon my self and my friends ( whose number and courage lackt but its proportion of wisdom , ) and kneel at a bar , that have passed the pikes and defy'd artillerie ? rather let as much reproach stick on my atchievements in the camp , as on my wives feats in the bed . of how much and great importance the very name of a general is , this last half year hath amply informed the nation : and can it be rationally thought that i will forgo that title , and become a private person , further then this my present retirement ? i know i am designed a sacrifice to the peoples liberty , whom the interruption and violation of this present parliament most highly displeaseth . but am i thereforc onely to be blamed ? why not fleetwood , whitlock ? all the burthen must ( it seems ) rest upon my shoulders , that have more then i can well bear already on my head ? or else is it but a fetch , and a specious pretence , thereby utterly to disable and weaken my interest in the army , and so to make room for a new gamester . well , my fates , ( for i scorn to whine with my friend desborow ) do you pardon me . i disdain mercy , 't is a word not befitting a great minde ; if i have betrayed or slighted the good and common benefit of three kingdoms , i have undone my self , and so may others , and that 's some part of satisfaction to my country . yet , why may there not be a lucky reserve , and a fortunate aftergame for me , while i have the long legs of the anabaptists instead of fortunes forelock to hold by . sir george booth and i are now in the same predicament ( saving my inviolable liberty , that nolime tangere , for all generall moncks fierceness ) my comfort is the ananias's will not purchase my estate , no more then the presbyters will sir george's , and i do not know who else will or can , for the cavaliers have no money , and besides are no such good state-husbands : well , adieu , fare ye well , if any one enquire after me , i am in the pursuit of sir thomas midleton . john lambert . london printed for iames dukeson . . his majesties gracious message to both his houses of parliament, february the th england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ; : b) his majesties gracious message to both his houses of parliament, february the th england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) s.n., [london : ] reproduction of original in the bodleian library and the folger shakespeare library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england a r (wing c ). civilwar no his majesties gracious message to both his houses of parliament, february the th. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense his maiesties gracious message to both his houses of parljament , february the th . whereas his majesty hath ( together with a treaty ) proposed a cessation of arms to both his houses of parliament now . dayes since , to which as yet he hath received no answer : to the end that his majesty may so cleerly understand the houses , that no such imputations ( as have been formerly ) may after be laid upon him upon occasion of any thing that may intervene : his majesty desires , if a cessation shall be approved of by them , that the day upon which the cessation is thought fit to begin , and such particular limits and conditions of that cessation as are necessary to be understood and agreed on before the cessation it selfe can actually begin , be proposed by them at the same time with their approbation of it , since as his majesty supposeth by the present great preparation of severall forces of the earle of essex to march severall wayes , that till such time as this be done , they doe not conceive themselves obliged to an actuall cessation ; so neither till then doth his majesty conceive himselfe obliged to it . the names of such members of the commons house of parliament as have already subscribed in persuance of the act of parliament, for the speedy reducing of the rebels, and the future peace and safety of this kingdome (a worke tending much to the glory of almighty god, and the succour and reliefe of our distressed brethen in ireland) : together with the summes they have severally under-written, viz. : also, a special order of the house of commons, concerning the free offer of the county of buckingham, shewing their great exceptance thereof, with their exceptance of such shires as shall doe the like, also shewing by what meanes they shall be repaid againe / ordered forthwith to be printed, h. elsing-clerc. parl. com. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing n ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the names of such members of the commons house of parliament as have already subscribed in persuance of the act of parliament, for the speedy reducing of the rebels, and the future peace and safety of this kingdome (a worke tending much to the glory of almighty god, and the succour and reliefe of our distressed brethen in ireland) : together with the summes they have severally under-written, viz. : also, a special order of the house of commons, concerning the free offer of the county of buckingham, shewing their great exceptance thereof, with their exceptance of such shires as shall doe the like, also shewing by what meanes they shall be repaid againe / ordered forthwith to be printed, h. elsing-clerc. parl. com. england and wales. parliament. house of commons. sheet ([ ] p.) by a.n. for john franck, printed at london : . reproduction of original in huntington library. broadside. eng england and wales. -- parliament. -- house of commons. great britain -- politics and government -- - . broadsides a r (wing n ). civilwar no the names of such members of the commons house of parliament, as have already subscribed in persuance of the act of parliament, for the spee england and wales. parliament. house of commons f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the names of such members of the commons house of parliament , as have already subscribed in persuance of the act of parliament , for the speedy reducing of the rebels , and the future peace and safety of this kingdome ( a worke tending much to the glory of almighty god , and the succour and reliefe of our distressed brethren in ireland ) together with the summes they have severally under-written , viz. also , a speciall order of the house of commons , concerning the free offer of the county of buckingham , shewing their great exceptance thereof , with their exceptance of such shires as shall doe the like , also shewing by what meanes they shall be repaid againe . ordered forthwith to be printed , h. elsing . clerc . parl. com. master walter long l. sir robert pye l. master samuel vassall l. sir samuel rolles of devon . . william lord munson . sir john harrison . sir william brereton . sir edward aishcough . master iohn and master edward ash . sir gilbert pickering . sir iohn clotworthy in money . sir john clotworthy for his entertainment as colonell in the irish warres . master henry martin . master arthur goodwyn . sir arthur haslerigge of leicestershire . master robert reynolds . sir robert parkhurst . sir thomas dacres . sir john ●o●●s . sir arthur ingram . doctor thomas eden . master oliver cromwell . master nathaniel fines . master john pyne . sir walter earle . master cornelius holland . sir john northcot . master roger mathew . sir nathaniel bernardiston . sir willam masham . sir martin lomley , for martin lomley esquire , his sonne . master thomas hoyle of yorke . master anthony bednigfield & master william cage . sir william allenson of yorke . master william hevengham . master harbert morley . sir william morley . sir john culpepper . sir edward partherich . richard shuttleworth esquire . master john more , and master william thomas . master john lisle . master john blackstone . sir gilbert gerrard . master bulstrod whitlock . sir edmond momford , and master richard harmon . master john trenchard . master iohn gurdon . master iohn barker . master william harrison . mr. iohn wilde serjeant at law , & mr. thomas lane . marcij . nathaniel hallowes of darby for himselfe & others . sir iohn franklin . master george buller of the county of cornwall . sir henry mildmay . master oliver st. iohn . april . sir john wray . sir thomas barrington . mr. robert goodwyn , and master john goodwyn . ● . april . master denzil hollis . master iohn crew . sir thomas peyton . . april . sir william plastors . sir william strickland . sir thomas savine . alexander and squire bence . master iohn rolles of devon . master iohn hampden . master william iesson . sir edward baynton . thomas lord wenman , and mr. richard winwood . . april . sir william drake . master william spurstow . sir iohn evelyn of godstone in the county of surrey for himselfe and others . . april . master myles corbet . . april . die sabbati . . april . . whereas the gentlemen of the county of buckingham have offered unto this ho●se freely , to lend sixe thousand pounds upon the act of contribution for the affaires of ireland , and to●ay in the same before the first day of may next ensuing this house doth take in very good part that offer , an● accept the same , and doth hereby order , that the said sixe thousand pounds shall be repaied óut of the first mo●eys that shall be raysed in that county upon the bill of foure hundred thousand pounds , and master hampden , master goodwyn , master vvinwood , and master vvhitlocke , are appointed to returne thankes to the county of bu● . from this house for their kind offer an acceptable service . and it is further ordered and declared by this house , that if any other countie , or p●●sons shall doe the like , the same will be taken as a very good service to the common-wealth , and such as will b● well accepted by this house , and the moneys which they shall lend , shall be repayed unto them with interest , ●f they desire it , out of the moneys that shall be raised in those counties where such persons inhabite , out of the bill of foure hundred thousand pounds . and it is further ordered , that this order shall be forthwith print●d . h. elsynge . c●●● . parl. com. printed at london by a. n. for john franck . . . septembr. . an ordinance of the lords and commons assembled in parliament, for taking away the fifth part of delinquent estates formerly granted by an ordinance of parliament for maintaining of the vvives and children of delinquents. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) . septembr. . an ordinance of the lords and commons assembled in parliament, for taking away the fifth part of delinquent estates formerly granted by an ordinance of parliament for maintaining of the vvives and children of delinquents. england and wales. parliament. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : septemb. . . signed: h:elsynge, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . estates (law) -- england -- early works to . attachment and garnishment -- england -- early works to . great britain -- history -- civil war, - -- confiscations and contributions -- early works to . a r (thomason .f. [ ]). civilwar no . septembr. . an ordinance of the lords and commons assembled in parliament, for taking away the fifth part of delinquent estates, form england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion . septembr . . an ordinance of the lords and commons assembled in parliament , for taking away the fifth part of delinquents estates , formerly granted by an ordinance of parliament for maintaining of the vvives and children of delinquents . whereas by a late ordinance of sequestration it is amongst other things declared and ordained , that the committees of the severall counties shall have power to assign maintenance out of the lands of delinquents , to their severall wives and children , so as the same exceed not the fifth part of the lands or goods so sequestred : and whereas by occasion hereof , divers wives and children of delinquents may resort hither , onely to obtain the said fifth part , and may be ready to do ill offices to the parliament ; the lords and commons , to prevent the said mischief , and other of like nature , do ordain , that no wife , childe or children of any delinquent , who shall come from their own habitation into the parliament quarters , with or without their fathers or husbands , from the kings quarters , shall have , hold and injoy any fifth part by the said ordinance : and therefore they do ordain , that all such allowances hereafter to be made to such wife or children , shall be utterly void . and if any such wife , childe or children shall return from the kings quarters , without leave of both houses : the deputy-lieutenants and committees of parliament in the severall counties , or any two of them , or any of them , are hereby authorised and required to take care , that they be commanded to return back into the kings quarters ; and if they shall not return , upon command given to them by the deputy-lieutenants or committee , or any two of them , they shall hereby have power to commit them , untill they shall give security for to return . and be it further ordained , that no children of any delinquents shall have any fifth part , but such as shall be educated and brought up in the protestant religion . h : elsynge , cler. parl. d. com. london : printed for edward husband , printer to the honorable house of commons . septemb. . . a poem upon his sacred majesties distresses, and late happy restauration bernard, james. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a poem upon his sacred majesties distresses, and late happy restauration bernard, james. [ ], p. printed for r. marriot, and are to be sold at his shop ..., london : . reproduction of original in huntington library. p. signed: james bernard. eng england and wales. -- sovereign ( - : charles ii) a r (wing b ). civilwar no a poem upon his sacred majesties distresses, and late happy restauration. bernard, james a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - derek lee sampled and proofread - derek lee text and markup reviewed and edited - pfs batch review (qc) and xml conversion a poem upon his sacred majesties distresses , and late happy restavration . london , printed for r. marriot , and are to be sold at his shop in st. dunstans church-yard fleetstreet upon his sacred majesties distresses , and late happy restauration . cease , phancie , cease , thus to disturb my muse with strange chymera's , not for any use but barren subjects , or some aiery theam , the issue of a nonens , or a dream , which scrued up to the most tow ring strain . it s former nothing strait resumes again : my muse denies to bate one scruples right , back forty foot , for thou 'rt a grain too light . armes , and the prince , i sing , whose generous vain , pregnant with sacred purple , knows no stain but that he 's albions prince , which may put on a title more significant , rubicon . nor can the factious rhetorick of the times nose forth a canting glosse , t' excuse the crimes , the horrid treason of a vip'rous brood that slue their countries father , who then stood the pilot of their faith ; but since he fell their faith was shipwreckt , and they sunk to hell . just so a sturdie oake , which climb'd so high , it s vertex seem'd to gore the azure skie , through the complaint of an ambitious brier , humbl'd upon the earth , doth there expire : but blustring boreas through distended cheeks empties his belching lungs , the bramble seeks for shelter , as before , but cannot find its spatious friend to fan away the wind . what phlegra 's this , whose typhon scales the skies ? will not such crimes awake heaven's deities hath ganimedes ( nectar not profuse ) sophisticated jove with lethe's juice ? sure jealous vulcan , searching for his dame , doth difappoint the gods , and lets his flame faint for a new supplie . but , harke what sound ! what horrid object 's this ! see how the ground blusheth with scarlet , whilst the thundering gun disputes the businesse , and th' affrighted sun sweats to drive up his steeds : but , muse , declare what high-sould prince is that , who , thus , doth dare doe wonders at each motion : have ye heard niles deep-base cataracts ? or the crackling beard of domineering flames ? heard ye the winds break from eolian caves , whilst boreas finds resistance from the foaming brine ? his steel so stormes at every passe , till his foes reel : since wonders are so cheap , that every blow must be so prodigall , let heaven bestow one on my trembling muse , that she may see her prince's miracles in a simile . — have ye ' ere seen a roaring lion , big with rage , whose spleen durst venture on the gods , when his proud foe on solitarie cliffs , presumes his bow with his dividing steel , sufficient force to beard his highnesse with , whose voice is hoarce already with his boyling rage , whose eyes shootforth contracted flame , his shag doth rise , his tallons all unsheath , whilst a deep groan ( like gorgons head , ) would fright hisfoe to stone ; but yet the generous archer speeds amain his well-taught shasts , though still they light in vain upon his royall fur : the rampant king unites his furie 'cause he faild a spring , with open mouth receives the bolder dart , first spits it forth , and then his generous heart kindles a double flame ; his spirits rise , dart naught but vengeance from his blazing eyes , seizeth his foe , and then his rending paw teares up his bosome , for his grinding jaw to craunch his vanquisht heart : so , just so our royall lion doth entreat his foe , with equall courage and with equall flame , but with unequall stars , which seems to shame and make olympus blush : but atlas frownd , swore heaven should sink for him to th' stygian sound , if its more favouring aspect did not look upon the just designs ; then phebus took the deep-divining rowles of fate , and read as great deliverance on my soveraign's head , as ever cop'd with danger : thus appeas'd , thick-shouldred atlas was again well pleas'd : had you been there you might have heard a shout , a suddain tempest , loud enough to rout joves thunder to a whisper ; th' army flyes , and save-the-king runs clambering up the skies : but he , brave soul , rather then think of save , incircled by the dead , doth court his grave ; yet is preserv'd , and gone , jove best knows how , but , by joves favour , i 'l goe beat the bough . a stately pallace 't is , 't is large and tall , my leidge hath turn'd his white to a green hall ! his father purpl'd it ! the phancie's rare , since purple , white and green his colours are . but lo the crescent-crowned queen of night spangles the double poles with borrowed light , and decks with wanton rayes her gamesome hair , whilst shooting stars run trick about the aire ; and wonder much to see the sisters loome spin a long thread within the structing womb of a comsumptive oake , which had not teem'd an hundred years before : but yet it seem'd latona must be fetcht , though 't be in vain , for now my king 's secured by a lane : a raritie indeed , since when , i 'm sure the via regia nere was thought secure . — but heark , the capering brine doth call my muse , to frisk a nimble twine with it , for joy my soveraign doth daine t' accept the service of the prouder maine , whilst zephir ' whispers-forth a softer gail , whose wanton sporting swells the pregnant sail ; the furrow break in silver foam all o're , and straight , the stout keel plows the norman shore ; which ecchoeth welcome , and , repleat with joy , doth storm olympus with a viv ' le roy : but fortune still , as various as before , ventures to dally with his stars once more ; and , as an ignis fatuus doth climbe sometimes aloft , then courts its mother-slime : so she unconstant paces foots amaine , first wantons with her flattery , then disdain ; and 'cause the french , of all men , sympathize her most transcendent rare varieties , she makes them be the racket that must toss my soveraign ( like a ball , ) into a loss , or band ' him to an hazard , whilst his foes are courted for a league , a rebell nose makes them forget their honour , and their blood , for fear it should take snuffe ; thus , in the bud my princes hopes are nipt , whilst fiends , not men ; first entertain , then turn him out agen . so have i often seen a greedy cur to cramb his spacious gut make a great stir , with eager haste swallow the pleasing bit , and then at length his paunch disgorged it . but now the storm is past , the day is fair , french complements evaporate to aire , while th' austrian prince exceedeth france as far as substance doth a shadow , sol a star , yet still there doth some chequer'd clouds appear , like beautie-spots , within his hemisphear ; but are dispersed ; and a monck , whose hood vaild his design , prevents a purple stood ; and by a labyrinth of windings , brings phanatick custos up to rellish kings : but now the stars with better aspects crown'd distill rich influence , and forget they fround , the whilst our prince doth gradually scale up fortunes wheel by steps , that doe not fail . so have i seen apollo's radient eye , peeping through sable curtains of the skie ; first powder it with argent , or it next , and after comment largely on the text . but then arose a grand dispute , what fee the senat held by ; some would have it be fee-simple , but the greater vogue prevail , and all conclude at last it was fee-tail . at whose decease no issue did succeed , so the reversion , as is due , must need fall to my soveraign . but , methinks , i hear that charlemaine moves in his proper sphear ; whose harmonie exceeds apollo's lire , or orpheus crystall sphears , though all conspire to ravish with these sceents . plato's true , th' old realme of england is become a new ; 't is its platonick year , then let my soul extract the spirits of joy , and crown my bowle brimfull with wishes , whilst the sun keeps time , and ecchoing shouts do foot the measured time . melpomene no more , come , come , and twine about our , olive merriest of the nine , and , when thy jolly store is emptied , then its quintescence extract , and that agen . europa's bull went wading by degrees , first dipt his golden hoofes , anon his knees ; so hath our soveraign done , yet still we see he is to us , as jove to semele . thus have we seen a swelling cloud arise , whose spacious bulk did lord it o're the skies , and golden phebus did a prisoner doom to the black conclave of it's sooty womb , but thanks to heaven , a more refulgent beam turn'd the usurper to it's former steam . and since our glittering sun ; with rayes full grown , on high olympus top hath fixt his throne , if any ambitious meteors shall appear , let them prove falling-stars in 's hemisphear . by james bernard . the votes of the honourable house of commons, in vindication of the eleven members charged by the army. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the votes of the honourable house of commons, in vindication of the eleven members charged by the army. england and wales. parliament. house of commons. sheet ([ ] p.) printed by r.r., london : . dated: die veneris junii, . signed: hen. elsynge cler. parl. dom. com. after debate on the demand of the army for suspending denzill hollis, sir philip stapleton, sir william lewis, sir john clotworthy, sir william waller, sir john maynard, maj.-gen. massy, mr. glyn, recorder of london, col. walter long, col. edward harley, and anthony nicoll, before any particular charge against them is made: -- cf. steele. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no the votes of the honourable house of commons, in vindication of the eleven members charged by the army. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the votes of the honourable house of commons , in vindication of the eleven members charged by the army . upon a solemne debate concerning that high demand of the army , in their paper lately sent , for the suspending of denzill hollis esquire , sir philip stapleton , sir william lewis , sir john clotworthy , sir william waller , sir john maynard , knights ; major generall massy , master glyn recorder of london , colonell walter long , colonell edward harley , and anthony nicoll esquire , members of that house , before any particular charge given in against them , it is resolved as followeth : die veneris junii , . resolved upon the question by the commons assembled in parliament , that by the lawes of the land , no judgement can be given to suspend these members , or any of them , from sitting in the hovse upon the papers presented from the army , before particulars produced , and proofs made . resolved , &c. that it doth not appear , that any thing hath been said or done within this hovse by any of the members in question , touching any matters contained in the papers sent from the army , for which this hovse can in justice suspend them . hen. elsynge cler. parl. dom. com. london , printed by r. r. . die jovis, september. . ordered by the commons assembled in parliament, that it be referred to the committee at gold-smiths hall to compound with all such delinquents as have come in upon mercy sithence the first day of may last, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, september. . ordered by the commons assembled in parliament, that it be referred to the committee at gold-smiths hall to compound with all such delinquents as have come in upon mercy sithence the first day of may last, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : . title from heading and first lines of text. signed: h:elsynge, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . estate (law) -- england -- early works to . attachment and garnishment -- england -- early works to . great britain -- history -- civil war, - -- confiscations and contributions -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, september. . ordered by the commons assembled in parliament, that it be referred to the committee at gold-smiths hall to co england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , september . . ordered by the commons assembled in parliament , that it be referred to the committee at gold-smiths hall to compound with all such delinquents as have come in upon mercy sithence the first day of may last , according to the highest rate in the propositions : and that the said committee do upon their report state the nature of the delinquencies , and the time of the coming in of all such persons with whom they shall make any such compositions ; and that the time given to all such delinquents as are comprised within this order to prosecute their compositions in with effect , shall be until the third day of october next ; and in default of such prosecuting of their compositions within that time , that then their whole estates shall be forfeited and sold : and that this order be forthwith printed and published . h : elsynge , cler. parl. d. com. london : printed for edward husband , printer to the honorable house of commons . . his majesties most gracious speech, together with the lord chancellors, to the two houses of parliament at their prorogation, on monday the nineteenth of may, charles ii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties most gracious speech, together with the lord chancellors, to the two houses of parliament at their prorogation, on monday the nineteenth of may, charles ii, king of england, - . clarendon, edward hyde, earl of, - . p. printed by john bill and christopher barker ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties most gracious speech , together with the lord chancellors , to the two houses of parliament , at their prorogation , on monday the nineteenth of may , . diev·et mon·droit honi·soit·qvi·mal·y pense· c r london : printed , by iohn bill and christopher barker , printers to the kings most excellent majesty . . cum privilegio . his majesties most gracious speech to his two houses of parliament , on monday the nineteenth of may , . my lords , and you gentlemen of the house of commons , i think there have been very few sessions of parliament , in which there have been so many bills , as i have passed this day : i am confident , never so many private bills , which i hope you will not draw into example . it is true , these late ill times have driven men into great streights , and may have obliged them to make conveyances colourably , to avoid inconveniences , and yet not afterwards to be avoided ; and men have gotten estates by new and greater frauds then have been heretofore practised ; and therefore in this conjuncture , extraordinary remedies may be necessary , which hath induced me to comply with your advice , in passing these bills ; but i pray let this be very rarely done hereafter : the good old rules of the law are the best security ; and let not men have too much cause to fear , that the settlements they make of their estates , shall be too easily unsettled when they are dead by the power of parliaments . my lords and gentlemen , you have so much obliged me , not onely in the matter of those bills which concern my revenue , but in the manner of passing them , with so great affection and kindness to me , that i know not how to thank you enough . i do assure you , and i pray assure your friends in the countrey , that i will apply all you have given me , to the utmost improvement of the peace and happiness of the kingdom , and will , with the best advice and good husbandry i can , bring my expences within a narrower compass . now i am speaking to you of my own good husbandry , i must tell you , that will not be enough ; i cannot but observe to you , that the whole nation seems to me a little corrupted in their excess of living . sure all men spend much more in their clothes , in their diet , in all their expences , then they have used to do . i hope it hath onely been the excess of joy , after so long sufferings , that hath transported us to these other excesses ; but let us take heed that the continuance of them doth not indeed corrupt our natures . i do believe i have been faulty that way my self ; i promise you , i will reform , and if you will joyn with me in your several capacities , we shall by our examples do more good , both in city and countrey , then any new laws would do . i tell you again , i will do my part , and i will tell some of you , if you do not do yours . i hope the laws i have passed this day will produce some reformation with reference to the multitude of beggars and poor people which infest the kingdom ; great severity must be used to those who love idleness , and refuse to work , and great care and charity towards those who are willing to work . i do very heartily recommend the execution of those good laws to your utmost diligence , and i am sure i need not put you in minde so to settle the militia , that all seditious insurrections may not onely be prevented , to which the mindes of too many are inclined , but that the people may be without reasonable apprehension of such insecurity . you will easily believe , that it is very necessary for the publick iustice of the kingdom , and even for the preservation of the reverence due to parliaments , that i make this a session ; and it will be worthy of your wisdoms when you come together again , to provide that there be not so great clamour against the multitude of protections . i will say no more , but renew my hearty thanks to you all , and refer the rest to the chancellor . his majesties speech being ended , the lord chancellor began as followeth . the lord chancellors speech . my lords , and you the knights , citizens and burgesses of the house of commons , it is now little more then a year that the king first called you to attend him here , at the opening of the parliament ; then you may remember he told you , that he thought there were not many of you , who were not particularly known to him ; that there were very few of whom he had not heard so much good , that he was ( he said ) as sure as he could be of any thing that was to come , that you would all concur with him , and that he should concur with you in all things , which might advance the peace , plenty , and prosperity of the nation . his majesty said he should be exceedingly deceived else . it was a princely declaration , and a rare confidence , which could flow from no other fountain , but the sincerity and purity of his own conscience , which admitting no other designs or thoughts into his royal breast , but such as must tend to the unquestionable prosperity and greatness of his people , could not but be assured of your full concurrence and co-operation with him. it was a happy and a blessed omen , which at the instant struck a terrour into the hearts of those , who promised themselves some advantages from the differences and divisions in your councels , and hoped from thence to create new troubles and molestations in the kingdom ; and , god be thanked , the king hath been so far from being exceedingly deceived , that he doth acknowledge he hath been exceedingly complied with , exceedingly gratified in all he hath desired , and he hopes he hath not in the least degree disappointed your expectation . mr. speaker , and you gentlemen of the house of commons , you have , like the richest and the noblest soil , a soil manured and enriched by the bountiful hearts of the best subjects in the world , yielded the king two full harvests in one year ; and therefore it is but good husbandry to lie fallow for some time : you have not only supplied the crown to a good degree for discharging many debts and pressures , under which it even groaned , and enabled it to struggle with the present streights and necessities , debts not contracted , and necessities not run into by improvidence and excess ; you may , when you please , receive such an accompt , as will clear all such reproaches ; but you have wisely , very wisely provided such a constant growing revenue , as may with gods blessing preserve the crown from those scandalous wants and necessities , as have heretofore exposed it and the kingdom to those dismal miseries , from which they are but even now buoyed up ; for whatsoever other humane causes may be assigned , according to the several fancies and imaginations of men , of our late miserable distractions , they cannot be so reasonably imputed to any one cause , as to the extream poverty of the crown : the want of power could never have appeared , if it had not been for the want of money . you have , my lords and gentlemen , worthily provided for the vindication and manifestation of the one by the bill of the militia , and for the supply of the other by the act for the additional revenue ; and i am confident , both the present and succeeding ages will bless god , and celebrate your memories for those two bills , as the foundation of their peace , quiet and security , how froward and indisposed soever many are at present , who f●nding such obstructions laid in their way to mutiny and sedition , use all the artifice they can to perswade the people , that you have not been sollicitous enough for their liberty , nor tenacious enough for their profit , and wickedly labour to lessen that reverence towards you , which sure was never more due to any parliament . it was a very natural and an ingenious animadversion and reflection , which the late incomparable lord viscount of st. albans made upon that old fable of the giants , who were first overthrown in the war against the gods , when the earth , their mother , in revenge thereof , brought forth fame ; which he said , is the same , when princes and monarchs have suppressed actual and open rebellion , then the malignity of the people , the mother of rebellion , doth bring forth libels , slanders , and taxation of the state , which , he saies , is of the same kinde with rebellion , but more feminine . and without doubt this seditious daughter of the earth , this spirit of libelling , was never more pregnant then it is now ; nor king , nor parliament , nor church , nor state , ever more exposed to those flagella linguae , those strokes of the tongue , from which god almighty can only preserve the most innocent and most excellent persons ; as if repining and murmuring were the peculiar exercise of the nation , to keep it in health ; as if england had so much of the merchant , nunquam habendi fructu foelix , semper autem quaerendi cupiditate miserrima . men are in no degree disposed to imitate , or remember the general excellent temper of the time of queen elizabeth , the blessed condescention and resignation of the people then to the crown , the awful reverence they then had to the government , and to the governours , both in church and state. this good and happy spirit was in a time beyond our memory , but they remember ; as if it were but yesterday , how few subsidies parliaments then gave to that queen , how small supplies the crown then had from the people , and wonder that the same measures should not still fill the coffers , and give the same reputation , and make the same noise in christendom . but ( my lords and gentlemen ) how bold soever some unquiet spirits are with you , upon this argument , you are much superiour to those reproaches . you know well , and you can make others know , without breaking the act of indempnity , how the crown hath been since used , how our soveraign lord the king found it at his blessed return to it ; you can tell the world , that as soon as he came hither , besides the infinite that he forgave , he gave more , more money to the people , then he hath since received from them ; that at least two parts of three , that they have since given him , have issued for the disbanding armies never raised by him , and for payment of fleets never sent out by him , and of debts never incurred by him. you will put them in mind of the vast disparity between the former times , and these in which we live , and consequently of the disproportion in the expence the crown is now at , for the protection and benefit of the subject , to what it formerly under-went . how great a difference there is in the present greatness and power of the two crowns , and what they were then possessed of , is evident to all men ; and if the greatness and power of the crown of england be not in some proportion improved too , it may be liable to inconveniencies it will not undergo alone . how our neighbours and our rivals , who court one and the same mistress , trade and commerce , with all the world , are advanced in shipping , power , and an immoderate desire to engross the whole traffick of the universe , is notorious enough ; and this unruly appetite will not be restrained , or disappointed , nor the trade of this nation supported and maintained , with the same fleets and forces which were maintained in the happy times of q. elizabeth . not to speak of the naval power of the turks , who in stead of sculking abroad in poor single ships as they were wont to do , domineer now on the ocean in strong fleets , make naval fights , and have brought some christians to a better correspondence , and another kind of commerce and traffique with them , then was expected , insomuch as they apprehend no enemy upon the sea , but what they find in the king of englands ships , which hath indeed brought no small damage upon them , with no small charge to the king , but a great reputation to the nation . my lords and gentlemen , you may with a very good conscience assure your selves , and your friends and neighbours , that the charge the crown is now at by sea and land , for the peace and security , and wealth and honour of the nation , amounts to no less then eight hundred thousand pounds a year ; all which did not cost the crown before these troubles , fourscore thousand pounds the year ; and therefore they will never blame you for any supply you have given , or addition you have made to the revenue of the crown ; and whosoever unskilfully murmures at the expence of dunkirk , and the other new acquisitions , which ought to be looked upon as jewels of an immense magnitude in the royal diadem , do not enough remember what we have lost by dunkirk , and should always do , if it were in an enemies hands ; nor duely consider the vast advantages those other dominions are like , by gods blessing , in a short time , to bring to the trade , navigation , wealth and honour of the king and kingdom . his majesty hath enough expressed his desire to live in a perfect peace and amity with all his neighbours ; nor is it an ill ingredient towards the firmness and stability of that peace and amity , which his royal ancestors have held and maintained with them , that he hath some advantages in case of a war , which they were without . it was a right ground of confidence , such an one as seldom deceives men , that the great law-maker , the wise solon , had , when he concluded , that reverence and obedience would be yielded to his laws , because he had taken the pains to make his citizens know , and understand , that it was more for their profit to obey law and justice , then to contemn and break it . the extravagant times of licence , which i hope we have almost out-lived , have so far corrupted the mindes , and even the nature of too many , that they do not return with that alacrity they ought to do , into the road and paths of order and government , from which they have so long been led astray ; nor , it may be , is there pains enough taken , to make them understand the profit , benefit , and ease , which alwaies attends a cheerful obedience and submission to laws and government . i am perswaded , a little pains and kindness and condescention in the wise , towards the weak , half the diligence and dexterity in conversation and example , which hath been used to cnrrupt the people in their loyalty and understanding , will quickly reduce them to their primitive temper , which is , to be the best neighbours , and the best friends , and the best subjects of the world : and i make no question , but the great piety and devotion , the moderation , wisdom , charity , and hospitality of my lords the bishops , in their several diocesses , will in a short time recover the poor mis-led people : and though the frowardness and pride of some of their teachers may not be yet enough subdued , though some of the clergy still repeat their old errors , for which they have been glad to receive pardon , and do in truth discredit all their other doctrine , with the absence of any visible repentance for what mischief they have formerly done ; yet i hope the laity will soon return into the bosom of their dear mother the church , and easily discern the fraud and imposture of their seducers ; and that all diligence and dexterity will be used , seriously and heartily to reconcile both clergy and laity , by all means which may prove effectual . you have ( my lords and gentlemen ) like wise patriots , upon your observation , that the most signal indulgence and condescentions , the temporary suspension of the rigour of former laws , hath not produced that effect which was expected , that the humours and spirits of men are too rough and boisterous for those soft remedies , you have prepared sharper laws and penalties , to contend with those refractory persons , and to break that stubbornness which will not bend to gentler applications : and it is great reason , that they upon whom clemency cannot prevail , should feel that severity they have provoked . you have done your parts like good physitians , made wholsom prescriptions for the constitution of your patients , well knowing that the application of these remedies , the execution of these sharp laws depends upon the wisdom of the most discerning , generous , and merciful prince , who having had more experience of the nature , and humour of mankinde , then any prince living , can best distinguish between the tenderness of conscience , and the pride of conscience , between the real effects of conscience , and the wicked pretences to conscience ; who having fought with beasts at ephesus , knows how to guard himself and the kingdom from the assaults and violence of a strong , malicious , corrupted understanding , and will ; and how to secure himself and the kingdom from the feeble traps and nets of deluded fancies , and imaginations : in a word , a prince of so excellent a nature , and so tender a conscience himself , that he hath the highest compassion for all errors of that kinde , and will never suffer the weak to undergo the punishment ordained for the wicked , and knows , and understands better then any man , that excellent rule of quintilian , est aliquid quod non oportet , etiamsi licet , & aliud est jura spectare , aliud justitiam . my lords and gentlemen , machiavel , who , they say , is an author much studied of late in this kingdom , to extol his own excellent judgment and insight in history ; in which indeed he was a master , would perswade men to believe , that the true reason , why so many unexpected accidents and mischiefs fall out , to the destruction of states and empires , is , because their governours have not observed the same mischiefs heretofore in story , and from whence they proceeded , and what progress they made , which he says , if they had done , they might easily have preserved themselves from ruine , and prevented the inconveniences which have faln out . i am sure you are all good historians , and need onely to resort to the records of your own memories . remember how your peace hath been formerly disturbed , by what contrivance and artifices the people have been alarm'd , with unreasonable and unnatural fears and jealousies , and what dismal effects those fears and jealousies have produced . remember how near monarchy hath been dissolved , and the law subverted under pretence of reforming and supporting government , law , and justice . and remember how many honest persons were mis-led by not discerning consequences , who would as soon have renounced their part in heaven , as have concurred in the first unwarrantable action , if they had suspected what did follow : and if we suffer the same enemy to break in upon us at the same avenues , if we suffer our peace to be blown up by the same trains and machinations , we shall be held very ill historians , and worse polititians . there is an enemy amongst us , of whom i doubt we are not jealous enough , and towards whom we cannot be too vigilant , and in truth , in comparison of whom we may reasonably undervalue all other enemies ; that is , the republicans , the commonwealths-men , who are every day calling in aid of the law , that they may overthrow and abolish the law , which they know to be their irreconcilable enemy . indeed , my lords and gentlemen , there is a vey great party of those men in every faction of religion , who truly have no religion , but as the pretence serves to advance that faction . you cannot be too sollicitous , too inquisitive after these men , who are restless in their councels , and wonderfully punctual and industrious in their correspondences , which they maintain abroad as well as at home : and you cannot doubt they have encouragement enough from abroad ; few of our neighbours love us so exceedingly well , but that they would be glad to see us entangled in domestique broyls . these men are worthy of your care and diligence , in your speedy settling the militia , which the king hath even now so particularly recommended to you . i shall conclude with only putting you in mind , that there was scarce ever a more dangerous sedition in the republique of rome , then in a time of full peace , when the citizens were sullen , when there was no noise but in whispers , when men neglected their trades , and stayed idle in their own houses , as if they cared not which way the world went , from whence alone their neighbours the etrurians were encouraged to make a war upon them . novum seditionis genus ( says livy ) silentium otiumque inter cives . never any nation under heaven , has less cause of sullenness then we , never more of joy and thanksgiving : we all know that god almighty loves a chearful giver , and we may as well know that he loves a chearful receiver ; besides all other stupendious blessings conferred upon us , he hath given us the most chearful giver , that ever people hath been blest with ; a king that hath with all imaginable chearfulness given us all we have asked of him , all he hath to give ; who would not take or retain any thing we give to him , but for our own sakes ; that by receiving and retaining it , he may give it to us again , in more abundance , in abundance of peace , and plenty , and honour , and all the comforts which can make a nation happy . this time hath made a glorious addition to our happiness , which ought proportionably to increase our chearfulness ; we wanted onely one blessing , the arrival of our queen , whom god hath now safely brought to us ; a queen of such a rare perfection in body and mind , of such great endowments of wisdom , vertue , and piety , that we may reasonably promise our selves from her , all the happiness we are capable of , and a succession of princes to govern us , till the end of the world ; and there cannot be a more transcendent instance of the kings love , and passion for his people , then that he hath staid these four days to take his leave of you ; and , that he might give you this days work , all these good laws , hath denied himself so long the enjoying the greatest comfort he is assured of in this world . if there be not the most universal joy in the reception of these blessings ; if there be not an universal contentedness and satisfaction in the hearts of all men ; and if that contentedness and satisfaction do not break out , and is not visible in the looks , and thoughts , and words , and actions of the whole nation , to the inflaming the hearts of the other nations under his majesties obedience by our example , we are guilty of an ingratitude that is worthy to deprive us of all we enjoy , and to disappoint us of all we pray for . and therefore i do most humbly beseech you , my lords and gentlemen , that as there is a most noble cheerfulness and alacrity visible in you ; and hath shed it self over all your countenances ; so that you will think it worthy of your pains , to infuse the same good spirit into city and countrey , that they may all express that joy and delight in the blessings they are possessed of , and cheerfully endeavour to improve those blessings , by their cheerful enjoying them , that god may continue those blessings to us , and the kings comfort may be encreased , by the comfort he sees we have in him , and in what he hath done for us ; and as all princes may take a pattern from him to govern , and make their subjects happy ; so that all subjects may learn from us , how to obey , and make that happiness lasting to them , by an eminent and innocent alacrity in their acknowledgment . i am by the kings express command , to add one particular which his majesty meant , but forgot to say himself . you cannot but observe that his majesty hath not passed the bill that concerns the earl of derby , which you cannot imagine proceeds from his majesties want of care of , and kindness to that noble family , which hath served him so faithfully , and suffered so much for so doing ; but all parties having referred the matter to his majesty , he doubts not but to make a better end for that noble earl then he would attain if the bill had passed . i shall only add the kings commands for the prorogation of this parliament till the eighteenth day of february , and this parliament is prorogued till the eighteenth day of february next . london , printed by iohn bill and christopher barker , printers to the kings most excellent majesty . . a proposal concerning the coin neale, thomas, d. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proposal concerning the coin neale, thomas, d. ? sheet ([ ] p.) s.n., [london? : ] signed at end: t.n., i.e. thomas neale. imprint from wing. reproduction of the original in the goldsmiths' library, university of london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- public general acts. wil.iii.c. -- early works to . coinage -- england -- early works to . coinage -- economic aspects -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proposal concerning the coin . the best expedient to hinder ( as the proposer conceives ) the going out o● our silver whilst we have any gold , is to make it the interest of those that deal in them , both to melt down and export as well the one as the other , ( if they may not be exported in coin ) for melted down and exported they 'l be , let what law soever be made to the contrary , unless the occasions beyond sea can otherwise be better supply'd . for the explaining whereof , such gentlemen as do not yet know it , may by this be informed , that in the spanish dominion , whence most of the gold and silver does come , and where for that reason the proportion in value is originally set , and must through the rest of the world be allowed , is as to , and so guinea's coined at s. each , ( as they are in this kingdom ) comes to l. sixteen crowns coin'd at s. each comes to l. so crowns is equal to guinea's . now suppose guinea's coin'd of the same weight they now are , should by authority be reckon'd at l. s. apiece , they come to l. s. sixteen crowns coin'd at s. if made by authority to pass for s. then crowns comes to l. s. which makes the par equal betwixt silver and gold , which always will have , as it ever has had for convenience d. or s. still running upon it , so guinea's as aforesaid , set at s. will have the currency of s. d. or s. now against this 't will be said , t is raising the standard setled by an act of this sessions upon mature reasons . 't is not altering the standard , for that however continues ; 't is only giving a currency to silver and gold , as above exprest , for publick convenience , 'till otherwise provided by parliament . and as to the reasons ( 't is confessed ) that have been strongly urged to the contrary , they are to be answer'd by common convenience , and the word necessity , against which no law ever did or ought at any time at all to prevail . as to the convenience the publick will reap , note , l. this way pays l. at present , of which the publick will have the advantage , and if at any time hereafter it should be found needful to reduce the same crowns to s. again , 't will be then but paying d. apiece to every person possest of such crowns of which the publick as had the use in the mean time , so it may the better by the publick be repaid . and note also , the re-payment of the shilling so to be hoped for on the crowns , will hinder their either being melted down or exported , it being to be lost if they be . as to the necessity , 't is agreed on all hands , that whilst gold goes for more than 't is worth , and silver for less , the one will be hoarded or carried away , and the other left to go by it self . this further satisfaction 't will give , to farmers and others actual possessors of land in the country , 't will keep up the price of their commodities , viz. of wooll , cattle , corn , tinn , lead , &c. to their general satisfaction , because they will be thereby enabled the better to pay their rents to their landlords , who for that reason 't is hoped and believed , will have very little cause to complain . note , what is before proposed is no way repugnant to the late vote , that guinea's shall not be taken or paid at above s. and may yet be enacted this sessions ( as 't is humbly conceived ) if so be that it is but approved . t. n. the breech wash'd by a friend to the rump. friend to the rump. this text is an enriched version of the tcp digital transcription b of text in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing b thomason .f. [ ] interim tract supplement guide c. .f. [ ] interim tract supplement guide c. .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]; a : [ ]) the breech wash'd by a friend to the rump. friend to the rump. sheet ([ ] p.). for carolus gustavus., printed at oxford : [ ] verse: "in an humor of late i was ..." publication date from wing. reproduction of original in the british library. eng england and wales. -- parliament -- humor -- early works to . b (thomason .f. [ ]). civilwar no the breech wash'd by a friend to the rump. friend to the rump. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the breech wash'd by a friend to the rump . in an humor of late i was ycleped a dolefull dump . thought i — we 're at a fine passe ; not a man stands up for the rump : but lets it be lash'd o'r and o'r . while it lies like a senselesse fop — . 't would make a man , a whore , to see a tail tew'd like a top. though a rump be a dangerous bit , and many a knave runs mad ont't , yet verily as it may hit , an honest man may be glad on 't . to abuse a poor , blind creature — i had like to have said , and a dumb ; but now it ha's gotten a speaker , and say is the mouth of the bum , when besse rul'd the land there was no man complain'd , and yet now they rail : i beseech you what differs a woman 〈◊〉 from a thing that 's all tongue , and tail ? though a rump , &c. the charter we 've sworn to defend , and propagate the cause . what call you those of the rump-end but fundamental laws ? the case is as clear as the day , there had been no reformation , if the rump had not claw'd it away , you had had no propagation , tho' a rump , &c. as a body's the better for a purge , tho' the guts may be troubled with grip●s : so the nation will mend with a scourge , tho' the tayl may be sick of the stripes . ill humors to conve●gh , when the state hath taken a loosnesse , ● ( who can hold what will away ? ) the rump must doe the bus'nesse . tho' a rump , &c. the bold cavalier , in the field , that laughs at your sword , and gunshot , an ordinance makes him to yield , and he 's glad to turn tayl to bum-shot . old oliver was a teazer , and waged warr with the stump ; but alexander , and caesar did both submit to the rump . tho' a rump , &c. let no man be further misled by an errour , past debate . for sedgwick has prov'd it the head , at well of the church as the state ; onest hugh ; that still turnes up the tippets , when he kneels to administer ; sayes — a rump , with skippons sippets , is a dish for a holy sister , tho' a rump , &c. through pr●de of flesh , or state poor souls are overthrown : how happy then is our fate ? wee 've a rump to take us down , in matter 's of 〈◊〉 't is true , ● some differings 〈◊〉 may but give the saints their due , in the rump they all agree . tho' a rump , &c. 't is good at bed , and at bord ; it gives us pleasure and ease , will you have the rest in a word ? 't is good for the new disease , ( the tumult of the guts ; ) 't is a recipe for the kings evil , wash the members as sweet as nuts , and then throw them all to the devil . though a rump be a dangerous bit , and many a knave runs mad on 't , yet , verily , as it may hit , an honest man may be glad on 't . printed at oxford for carolus gustavus . by the king a proclamation concerning the adiournement of the parliament. england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation concerning the adiournement of the parliament. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.). by bonham norton, and iohn bill, printers to the kings most excellent maiestie, imprinted at london : anno dom. m.dc.xxv [ ] arms with "c r" at top of sheet; text has historiated initial. "giuen at our court at oatlands, the twelfthth day of iuly, in the first yeere of our reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. plague -- england -- london -- early works to . great britain -- history -- charles i, - . great britain -- politics and government -- - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation concerning the adiournement of the parliament . the kings most excellent maiesty , hauing taken into his princely consideration , that the infection of the plague is at this present so generally dispersed and spread abroad , in and about the cities of london and westminster , as that the parliament , late assembled at westminster , could not without manifest perill to the lords spirituall , and temporall and commons there assembled , be continued there , so long as the necessitie of the vrgent and important affaires of his maiestie and the whole realme did require ; hath therefore caused the same to bee adiourned from the citie of westminster , to be holden at the citie of oxford , the first day of august next ▪ and hath thought fit hereby to publish and declare the same to all such , whom it may in any wise concerne ; straitly charging and commanding hereby , as well all the lords spirituall and temporall , as also all and euery the knights , citizens , and burgesses , of all and euery the shires , cities , and boroughs within this realme of england , and all others whom it may concerne , that they and euery of them doe personally appeare at the said citie of oxford , the said first day of august now next ensuing , then and there to proceed in those waighty and vrgent affaires which shall bee there handled , as shall be most expedient for the generall good of his maiestie and his realmes . giuen at our court at oatlands , the twelfth day of iuly , in the first yeere of our reigne of great britaine , france and ireland . god saue the king. ¶ imprinted at london by bonham norton , and iohn bill . printers to the kings most excellent maiestie . anno dom. m.dc.xxv . the first part of a brief register, kalendar and survey of the several kinds, forms of all parliamentary vvrits comprising in . sections, all writs ... illustrated with choice, usefull annotations ... / by william prynne ... prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the first part of a brief register, kalendar and survey of the several kinds, forms of all parliamentary vvrits comprising in . sections, all writs ... illustrated with choice, usefull annotations ... / by william prynne ... prynne, william, - . v. (various pagings) printed for the author, and sold by edward thomas ... and henry brome ..., london : . includes indexes: p. - , - , - . imperfect: print show-through, pages stained with loss of text. reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- registers. england and wales. -- parliament -- history. writs -- england. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - sara gothard sampled and proofread - aptara rekeyed and resubmitted - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion the first part of a brief register , kalendar and survey of the several kinds , forms of all parliamentary vvrits : comprising in . sections , all writs , forms of summons to great councils , parliaments , convocations in the tower , from the th of king iohn ( ) till edw. . ( ) to all sorts of spiritual and temporal lords , great-men ( members of , ) and the kings counsil ( assistants to ) the house of lords : with other rare writs , and . exact alphabetical , chronological tables : . of all abbols , priors , masters of orders , clergy-men , ( except bishops : ) . of all dukes , earls , forreign kings , marquesses , princes of wales : of all lay - barons , lords , vicounts , great men : . of all the kings counsil ( justices , clerks , or other officers ) with the several numbers of each of them , and of bishops , summoned to every council , parliament , and the years , rolls , dorses in every kings reign , wherein their names are recorded . illustrated with choice , usefull annotations , observations concerning these writs differences , alterations , entries in the clause rolls : the stiles , titles , additions of patriarcha , cardinalis , electus , confirmatus , magister , &c. given in them to spiritual ; of baro , miles , dominus , &c. to temporal lords ; with their baronies , fealty , homage , oaths , right of session , iudicature : the clergies forms of procurations ; exemption from taxes by the laity : our kings prerogative to call , prorogue , dissolve parliaments , hold them by a custos regni , or commissioners , by patents ( here cited ; ) to create peers , barons by patent , special ( not general ) writs ( here registred ; ) to summon extraordinary members , assistants ; their propriety in parliaments , dissolved by their deaths ; the power of their counsil in , and out of them ; the constitution , jurisdiction , proceedings , privileges , ends , duties of english parliaments , lords , commons ; their inconsistence with armed guards , seclusion of members ( by force , oathes , menaces ) and with scotish , or irish intruders ; their late differences from councils . parliamentum , when first used in writs , acts , histories , &c. with other particulars . publishing more rarities , rectifying more errors in vulgar writers , touching our parliaments , than any former treatises of this subject . by william prynne esq a bencher of lincolnes inne . mercurius trismegistus . in unaquaque arte tanta ducimur caecitatis caligine , ut maxima part eorum quae scimus , sit minima pars eorum quae ignoramus . london printed for the author , and sold by edward thomas in little britain , and henry brome in ivy lane , . to the ingenuous readers , especicially those of the long robe , and more noble or generous english extraction . there are . grand defects of very publike concernment , highly tending if not to the dishonor , yet certainly to the great disservice , prejudice of our kingdom , parliaments , great officers of state , nobility , gentry , nation , and more especially of the professors and profession of the municipall laws , which i have for many years last past , not only much admired at , and exceedingly deplored , but also used my best endeavors to get supplied , so farr as there was ●ny probability to effect it . the . is the irreparable losse of all the parliament ●olls during the reigns of our antient●●t kings , from william the . till e. . ● the first roll of that kind now extant ) and of many other of those rolls since , during the reigns of edw. . and . with the not publishing in print those parliamentary rolls and records yet extant by publike order , for the benefit of posterity , to prevent their suppression , destruction , embezelling by fire , warr , casualties , t●e negligence , or present malice of some iesuitical furies , or illit●rate animals , instigated thereunto by hugh peters his misintituled pamphlet , good work for a good magistrate , printed . p. . where after his proposal of a short new modell for the law , he subjoyns , this being done , i● is very advisable to burn all the old records , yea even those in the tower , the monvments of tyranny : which desperate bedlam advise of his , i have a elsewhere at large refuted , as most pernicious to the publike , and to all corporations and landed men . the . is the great want of an exact collection out of the clause , parliament , and statu'e rolls , of all statutes , ordinances and acts of parliament made before the use of printing them immediately after the parliaments conclusion , or during their sessions , came in fashion : all our statutes at large , and the abridgments of them , ( even ferdinando pultons of lincolns inne esq. the best & most refined ) having sundry b spurious impostures printed in them , under the titles of acts , statutes , and ordinances of parliament , which in ver●ty are neither of them , but only particular writs or instuctions of the king to the iustices and other officers by advise of his coun●l out of parliament : such are the st●tutes , de circumspecte agatis , said to be made in . e. . ( resolved to be no statute , but made by the prelates alone . m. . e. . fitz. jur. . ) the statutes of protections , champerty , and conspirators , in e. . de conjunctim feoffatis , in e. . ne rector prosternat arbores in caemiterio , in e. . the statute for knights , e. . of gavelet , e. . with sundry others , as the very form , words , & penning of them demonstrate , being transcribed only out of the clause or patents not parliament or statute rolls . besides these there are some forged acts and statutes printed in these statute books not extant in the statute rolls that remain intire : yea , there are sundry misprisions in printed statutes , varying both in form & substance from the statute rolls wherein they are recorded , omitting some material words and clauses , adding and altering others ; most of the publishers of our statutes taking them upon meer trust , as they found them transcribed by others , but never examining them by the statute rolls & original records , as is most apparent by their c mistakes of the very times and dates of some statutes , by their printing others of them without any date , as d made during the reign of king h. . ed. the . or . butuncertain when , orin which of their times , & by the manifold variances between their printed books , and the statute rolls , of which i have given you a particular account in my table to the e●act . abridgement of the records in the tower ; the compiler whereof was mistaken in this , that the statute of r. . c. . touching tellers of news ( or lyes ) of noblemen , or counsellors , is not in the record , nor any mention thereof ; it being recorded at large in french in the statute roll of the first parliament that year , wherein it is printed , though not in the second , as i can attest upon my own view of the statute roll it self . besides these impostures , and variances , there are many useful acts in the parliament and clause rolls totally omitted out of all our printed statute-books , some whereof i have heretofore published in my irenarches redivivus . the . is the grand deplorable deficiency of such an exact chronological history of all the great councils , synods , parliaments of england , with their several canons , acts , ordinances , proceedings , as i have formerly mentioned in the epistle to my plea for the lords , my preface to an exact abridgement of the records in the tower ; and in a printed title three year since , by which i endeavoured to promote it ; which would supply all the three precedent defects . the . is the great lack of diligent faithfull collections and publications of all the choicest records , proclamations , writs , letters , charters , patents , commissions , &c. in the tower , or elsewhere , which concern the liberties and properties of the subject ; the just antient duties , customs , revenues , jurisdictions of the kings and crown of england in times of warre and peace ; the coin , merchandize , manufactures , trade , government , navy , forts , militia of england and ireland ; and the negotiations , leagues , treaties with forein states : or at leastwise the want of an exact table , repertory to them , whereby they might be readily found out , and made u●e of upon all emergent occasions . the . is a compleat register or kalendar of all parliamentary writs extant in our records , which those who have formerly written discourses touching our english parliaments , were either totally ignorant of , or not well acquainted with , or else took no care or pains at all to communicate to others , though the very foundations of all our parliaments and their proceedings ; the omission or ignorance whereof hath made most of their treatises of this subject very imperfect , unsatisfactory , and full of gross misprisions , which pass for current truths . it seemed very strange and monstrous to me , that none of our kings , parliaments , great officers of state , nobles , but especially none of our reverend iudges , learned lawye●s , nor any of the m●sters of the rolls ( to whose beneficial office , care , diligence , it most prope●ly appertained ) in so large a tract of time since printing first grew common , have not hitherto put to their own helping hands , nor incouraged others by honorary salaries , to supply these depl●rable , prejudicial defects , ( especially the . first ) which so much concern the publike government , justice , honor , welfare , laws , interest of the whole english nation ; when as forein kings parliaments , statesmen , lawyers , advocates ( especially in france , spain , germany , denmark ) have been very diligent and laborious in later ages , in searching out , transcribing , publishing to posterity all the antiquities , records , councils , parliaments , laws , edicts , ordinances , histories , transactions of th●ir predecessors , and encouraged their learnedest scholars by great offices , honors , salaries , and bountiful rewards , to collections and publications of this nature , to their eternal honor . vvhereupon i endeavoured the last long parliament by an epistle to the lords to excite them to contribute their best assistance towards the speedy publication of all our parliamentary rolls and records , profering my best endeavors to promote it ; but i neither then nor since received the least incouragement from them or others towards this beneficial publike undertaking , from which soon after i was both discouraged and disabled by near . years close imprisonment in . remote castles , under armed , strictest guards by mr. iohn bradshaws and his whitehall associates warrant , without any accusation , hearing , or particular cause either then or since expressed , of purpose to debarr me from publishing any thing of this nature , or against their new tyrannical usurpations , transcending all in former ages . after my enlargement from these . years expensive , as well as tedious restraints , ( superadded to my former imprisonments and losses under the prelates and army-officers , ) i endeavored to revive this heroick work , and to encourage all publike-spirited noblemen , gentlemen , lawyers to promote it ; both by the publication of many unknown rare records , in the second part of my demurrer to the iews long discontinued remitter into england ; and discoveries therein of the vsefulness and excellency of our records in general , and of those relating to our parliaments , laws , liberties , properties in particular : since which , by a printed paper , i proposed a way , how , in what manner , and by what time this usefull design might probably be effected with no loss at all , but certain gain to those who should contribute only 〈◊〉 a piece towards it , for a year or two at most , and should then certainly receive their principal again , together with books in the interval amounting to treble the interest ; which , though some of my friends to whom i communicated these papers , highly approved of , seeming forwards to contribute towards it , yet i found such a general lukewar●nness , or rather absolute coldness ( in others ) really to advance it , as caused me totally to desist from any further prosecution thereof ; whereupon to supply those defects in some degree as much as in me lay , i did with no little pains and cost upon my own private account alone , ( without the least assistance , contribution from any others ) collect , compile , print and publish to the world , in the . first parts of my seasonable historical vindication , and chronological collection of the good old fundamental liberties , rights , franchises , laws 〈◊〉 all english freemen ; an exquisite epitome of all the parliamentary councils , synods , and state-assemblies held within our realms upon several occasions , extant in our historians , from the britons first arival therein , till the coronation of king william the first anno . conteining the space of . years . which though very usefull , seasonable , profitable , containing sundry rarities in them ; were looked upon by most men with contempt , like old almanacks , clothes or fashions quite out of d●te ; whence most of them lye moulding in warehouses for want of sale . after which in pursute of these beginnings ; i freely contributed my labors , to the publishing of a●●xact abridgment of the parli●ment rolls and records in the tower of london ; from king edward the . till r. . rectifying sundry mistakes , supplying divers defects therein , adorning it with a necessary preface , usefull tables and marginal notes , without which it had been in a manner altogether useless ▪ since which , i much enlarged and reprinted ●pon my own account alone ( for want of assistance by others ) my plea for the lords and house of peers ; wherein i have communicated to the world out of records and histories , more presidents , knowledge , touching the judicature , jurisdiction and proceedings of our great councils and parliaments in former ages , and more fully vindicated the just , antient privilege and hereditary right of the lords and barons of this realm , to sit , vote , judge in all our english parliaments , than any others have done in former ages , without the least incouragement , ayde , or retribution from any of their lordships , notwithstanding my manifold sufferings by , from , and under some of them and their ancesters heretofore both in person and estate , without the smallest voted recompence . these last publications , together with my soveraign power of parliaments and kingdoms , my historical collection of the great councils and parliaments of england ; and new published argument of the case of the lord magwire , having in some measure ( though not so fully as i desire ) supplied the . first premised de●ects , i have endeavored by this present● brief regist●● , 〈◊〉 and survey of the s●veral 〈…〉 , ( the only basis whereon parliaments are founded , by which they are supported , directed , as well as convened ) and by my usefull observations on them , more compleatly to supply the . de●ect , than any of the former , so farr as my present leisure and ability will extend , without supplies from others ; wherein i have with no little pains and diligence , given you a most exact and faithfull account of all the writs of summons to parliaments , great councils , and most convocations in england , extant in the clause rolls and records of the tower , from the . year of king iohn , till the . of edward the th , that i have hitherto met with upon my best search after them , digested into several sections in a chronological method , with usefull observations on them ; wherein you have a compendious , yet full and satisfactory account of all the several forms and varieties of writs of summons during all this tract of time issued to archbishops , bishops , abbots , priors , masters of religious orders , and all spiritual lords ; to the prince of wales , forein kings , dukes , earls , marquesses , vicounts , barons , temporal lords and great men ; to the kings counsil , judges and other assistants to the house of lords ; the sheriffs of counties , and particular corporations made counties , for electing knights , citizens and burgesses to serve in parliament , and to the constable of dover castle , warden of the cinque-ports , and ports themselves for electing barons of those ports ; with the particular rolls , membranaes , dorses , wherein every of these summons are recorded : together with a general account in gross summ● , how many bishops , abbots , priors , earls , barons , great men , and assistants of the kings counsil were summoned to every of these parliaments and great councils , & most usefull , acurate , short alphabetical & chronological ●ables , inserted into my observations on the . first sections of these different writs : . of the names of all the abbots , priors , masters of religious orders , and other clergymen ( except bishops ) summoned to any parliament or great council from h. . till e. . with the years , rolls , dorses in each kings reign , wherein you shall find them summoned , and how oft any of them were summoned , and consequently when omitted out of the lists of summons . ly . of the names of all the dukes , earls , marquesses , and princes of wales . ly . of all the temporal viscounts , lords , barons , peers , and great men . ly . of all the kings counsil , judges , justices , and other great officers summoned as assistants to the lords , in every parliament and great council held in england from h. . to e. . with the particular roll , year , dorse in every kings reign , wherein you may find their names and summons entred , and when and how oft any of them or their posterity were thus summoned . which tables , as they were very painfull and troublesom to me exactly to collect , being inforced to transcribe most of them three times over , before i could digest them into that form as here you find them , consisting of very many figures ( which i examined near five times over , to prevent mistakes in any of them ) so being thus compleated , will be the most usefull and delightfull kalender to all antiquaries , heraulds , law●ers , noblemen , gentlemen and others delighting in antiquities , or pedegrees , ever yet communicated to the english nation ; rectifying all those mistakes in names , & supplying those manifold defects in my table of this nature to the exact abridgement of the records in the tower. if any noblemen . lawyers , gentlemen , or others , would find out and know in a moment , when or how often , or in what roll and dorse any of their ancestors , family , name , were summoned to any parliament or great council ; or when or how often any abbot or prior ( whose lands they or their clients now enjoy ) were summoned to parliaments , or of what order they were , these tables , compared with the printed lists before them , will presently resolve them , better than all the tables and kalendars to the records in the tower , which are very defective , and if they have cause to make use of the records upon any occasion , these tables will punctually direct them both to the number roll and dorse too wherein they are recorded , without further search : so as i may conclude them to be greatly beneficial , as well to the keepers of those records , as to all those who shall have future occasion to make use of them in any kind . for the extraordinary writs of summons and others here published at large , i dare averr , that most of the nobility , gentry , lawyers , and parliament men of the english nation ▪ never so much as once saw , or heard of most of them before this publication ; and those few antiquaries , lawyers , gentlemen , who have gottenauy transcripts and collections of the writs of summons in the tower , shall meet with many memorable rare writs in this abridgement , which are totally omitted out of their folio volumes , collected to their hands by others ; which i have here supplied by my own industry , and likewise digested into method : all those large coll●ctions of writs which i have yet seen , being both defective , confused , fraught with a tedious repetition of those names of abbots , priors , dukes , earls , lords , barons , which i have contracted into four short tables in an orderly method . so as i may justly stile this register , kalendar and survey , a rich cabinet , and compendious treasury of the chiefest , and most precious parliamentary iewels , rarities , records , ever yet presented to the world in print . as for my observations on , and collections from these writs , i dare affirm without vain-glory , they are for the most part such , as were never yet known nor communicated to the world ; and will be of excellent use , not only for the searching , but understanding of records , and of the true constitution , proceedings , privileges , affairs , ends of the great councils and parliaments of england , and duties of their respective members ; wherein i have discovered , refuted many oversights and mistakes in sir edward cook , and other pretended antiquaries , who have written of our english parliaments , and given clearer evidences of the original , beginning , use of the name parliament in england ; of the authority , power , use of the kings counsil , iudges in parliaments ; of the kings general writs of summons to temporal as well as spiritual persons who held not by barony , not making themselves , nor their successors , nor posterities , lords or barons , and of sundry other materiall particulars , relating to the freedom , fulness , summons , affairs & proceedings of our parliaments , than any hitherto have done ; out of an unfeigned desire of communicating more knowledg to the present & succeeding generations , touching our parliaments , and their affairs , than former times have been publikely acquainted with , that thereby i might restore our parliaments to their primitive institution , use , splendor , freedom , honor , that so the● may be made medicinal restoratives , blessing not grievances , or diseases to our 〈◊〉 church and state , or a physicians of no value . we read of b a woman in the gospel , which had a● issue of bloud for years , and had suff●ed many thi●gs of many physicians , and spent all that she had upon them , even all her living , and yet was nothing better , but rather worse , and could not be heated by any of them . this woman is a true emble● of england , ly●●g for so many years , or more , si●k of a bloudy issue under the hands of several physicians , under the name and disguise of parliaments of several forms and modells , who ( with their armed supporters ) have put her to infinite expences , sufferings , and exhausted all she hath ; and yet they have neither healed nor amended her in any kinde , but left her in a ●arr worse condition then they found her , c for want of healing skil , or medicins ; applying nothing but new corrosives & causticks of steel , instead of astringents and incar●natives to her bleeding wounds : yea those very physicians are now so full of man●fold infirmities , distempers , if not gross corruptions , that we may surely say unto them this proverb , d physician heal thy self , before we can possibly expect any publike healing from them either in church or state. if these few leaves , through gods blessing on them , shall become e like to the leaves of the tree of life , for the healing of these physicians , & our nations , ( one prime end of their publication ) i shall bless god for it , and deem my cost and labour well bestowed ; however this shall be my comfort ; f in magnis et voluisse sat est : g etiam non assecutis voluisse abunde pulchrum atque magnisicum est , in such a case as this . one chief means to make our future parliaments beneficial , medicinal and restorative to our nation , is , to restore them to their antient freedom , and secure them and their members from all future force and violence ; which may be easily effected , . * by removing all armed forces , and souldiers a good distance from the places where they shall be kept , and prohibiting them under severest penalties , not to approach near unto them during their sessions . ly . * by defending the wearing of any offensive arms or weapons in or near the cities where the parliaments convene . ly . by inhibiting all tumultuous popular addresses to them , under colour of petitions or otherwise , and ordering , that no petitions or addresses shal be tendred unto them from any county , city , corporation , or fraternity upon any occasion by above . grave selected persons at most , under pain of being questioned and proceeded against as tumultuous . ly . by declaring and enacting all persons whatsoever to be actual traytors , and enemies to the nation , ( as they are by * law ) and to be effectually proceeded against as such ; who shall offer any force , violence , assault to the parliament , or any member or members thereof during their attending therein , or in going to or returning from the same , or violently interrupt their proceeding● . and that all who shall hereafter be peccant in this kind , & * their heirs males shall be for ever hereafter disabled to sit in parliament , or bear any office whatsoever , civil or military , or to purchase or re-ceive any lands , chattels , gift , legacy or bequest whatsoever , or to enjoy the privileges of an english freeman . my chief design in this & other late publications , hath been to inform the english nation of the true original constitution , uses , ends , rights , privileges , judicarure , and proceedings of the great councils and parliaments held within our island , from its original plantation by the britons , till the normans ruling in it , which i have already published in a brief * chr●nological manner , and from thence to the end of king edward the th his reign , which i have likewi●e in a good measure accomplished in my late inlarged plea for the lords and house of peers ; wherein i have given the readers a large account of most of the great councils held under king henry the . and . proving , there were no knights , citizens or burgesses summoned to them in their reigns , as they have been of later times ; which may be further evidenced by these historical passages and great councils which i there omitted . in the year of christ . in a h great council of the archbishops , bishops , abbots , et principvm totius regni , there was this canon made amongst others ; vt nullus archidiaconus presbyter , diaconus , canonicus uxorem ducat , vel ductam retineat , &c. vt presbyter quamdiu illicitam conversationem mulieris habuerit , non sit legalis , nec missam celebret , nec si celebraverit , ejus miss a audiatur : after anselms banishment very many priests reteining or resuming their wives contrary to these decrees , i king henry the . thereupon caused his ministers to indict , and prosecute many priests for this contempt , only to extort monies from them : but their fines not amounting to so great a summ as the king expected , there was a general sentence given against all the priests , as well innocent as nocent , and a fine set upon every parish church , which the priest thereof was to redeem ; which some priests having no money , and others refusing to pay , because it was an unjust innovation , they were thereupon contumeliously seised upon by force , imprisoned and tortured ; and when neer of them in their surplisses and priests habits came all together to the kings place in london barefoot , imploring him with one voice to take pity on them , ille ad preces ●orum nulla miseratione permotus est , vel saltem quavis eos , sicut homin●s omnis religionis expertes , responsi honestate dignatus , suis obtutibus festine abegi praecepit : whereupon they repaired to the queen , who only wept in pity towards them , but could not relieve them . anselm upon the other bishops letter to him , writ an epistle to the king touching this proceeding of his , as an innovation , quod hactenus inauditum et inusitatum est in ecclesia dei de ullo rege , et de aliquo principe . no● enim pertinet secundum legem dei hujusmodi culpam vindicare ●isi ad singulos episcopos per suas parochias , ●ut si & ipsi episcopi in hoc negligentes fuerint , ad archiepiscopum & primatem , &c. adding , dico enim vobis quod valde timere debetis , quod pecunia taliter accepta , ut taceam quantum noceat animae , non tamen cum expendetur , adjuvabit terrena negoti● , quantum postea perturbabit . to which the king returned this answer . k henricus dei gratia rex anglorum , anselmo archiepiscopo cantuariae salutem . in die sancti gregorii apud tunebrigge , mihi fuerunt delatae literae repostae sub tuo sigillo . et per ●a mihi mandasti talia unde multum miror , quia quod feci credo me per te fecisse . et in die ascensionis domini habebo omnes barones meos ( without knights , citizens or burgesses ) mecum congregatos , & per consilium eorum ita convenienter tibi respondebo quod cum tecum loquar non credo te me inde blasphematurum . et quicquid fiat alias , scito quod tui , quicquid ipsi fecerint , per omnes terras tuas in pace permanserint . l anno gratiae ● . king henry the d . venit oxenford , & in generali concilio ibidem celebrato constituit iohannem filium suum regem in hybernia , concessione & confirmatione alexandri summi pontificis . et in eodem concilio venerunt ad regem resus filius griphini regulus de su●hwales , & david fil●s o●ain regulus de northwales ; qui sororem ejusdem regis angliae in uxorem duxerat , & cadwelanus regulus de delnain , & owanus de keuillian , & g●iffinus de brunfeld , & madacus●ilius ●ilius gervetrog : & alii multi de nobilioribus gualliae , et omnes devenerunt homines regis angliae patris , & fidelitatem ei contra omnes homines , & pacem sibi & regno suo servandam juraverunt . in eodem autem concilio dedit dominu● rex angliae praedicto reso filio grifsini terram de meronith : & david filio owain terram de ellesmare . deditque dominus ●ex hugoni de lasci ( ut supradictum est ) in hybernia totam midam cum pertinentiis suis pro servitio . militum , tenendam de ipso et iohanne filio suo , & chartam suam ei inde fecit . deditque ibidem roberto filio stephani & miloni de cogham regnum de co●ch , pro servitio . militum , tenendum de ipso et iohanne filio suo , excepta civitate de corch , cum uno cantredo , quae dominus rex sibi et haeredibus suis retinuit . deditque ibidem hereberto filio hereberti , et willielmo fratri comitis reginaldi , & iollano de la primerai nepoti eorum regnum de limeric , pro servitio . militum , tenendum de ipso et iohanne filio suo : excepta civitate de limeric , cum uno cantredo , quae dominus sibi et haeredibus suis retinuit . trad●dit autem dominus rex willielmo filio aldelini dapifero suo civitatem wesesordiae in custodia , cum omn●bus pertinentiis suis ; & statuit haec subscripta in posterum pertinenda ad servicium wesefordiae : harkelou cum pertinentiis suis , glascarric cum pertinentiis suis ; & terram gilberti de boisrohard , ferneg winal cum pertinentiis suis , fernes cum pertinentiis suis : & totam terram de hervei inter weseforde & aquam de water●orde . servitium raimundi de druna . servitium de frodrevelan . servitium vimo●thi de leighlerin . tenementum etiam machtaloe cum pertinentiis suis. et leis terram gaufridi de costentin cum pertinentiis suis : & totam terram orueldi . tradidit etiam ibidem dominus rex roberto le poer marescallo suo in custodia civitatem water●ordiae : cum omnibus pertinentiis suis : et statuit haec subscripta in posterum pertinenda ad servitium waterfordiae : totam terram quae est inter waterforde & aquam quae est ultra lismors , & totam terram de oiseric cum pertinentiis suis. tradidit etiam ibidem dominus rex hugoni de laci civitatem diveliniae cum omnibus pertinentiis suis in custodia : & sta●it haec subscripta in posterum pertinenda ad servitium diveliniae ; totam terram de offelana cum pertinentiis suis , & kildaran cum pertinentiis suis , & totam terram de offalaia , cum pertinentiis suis , & wikechelon cum pertinentiis suis , & servitium de mida , & servitium quatuor militum , quod robe●tus poer debet de castello suo de dunaver . postquam autem dominus rex apud oxeneford in praedicto modo terras hyberniae , et earum servitia divisisset , secit omnes quibus earun●emcustodias commis●rat homines suos & iohannis silii sui devenire : et jurare e●s ligantias et fidelitates de terris hyberniae . et ie●de m concilio dedit dominus rex richardo priori de kiteby abbatiam de witebi . et benedicto priori ecclesiae sanctae trinitatis cantuariae , abbatiam de burgo , & richardus cantuariensis archiepiscopus benedixit cum in abbatem . eodem anno praedictus vivianus presbyter cardinalis & apostolicae sedis legatus , peracta legatione sua in hyb●rnia , rediit in angliam , & per conductum domini r●gis rediit in scotiam , & celebrato concilio apu● castellum puellarum , susspendit a pontificali officio christianum episcopum candidae casae , quia ad concilium suum venire noluit ; sed episc. suspensionem illam non tenuit , septus munimine rogeri eboracensis archiepise . cujus suffraganeus ipse erat . deinde venit dominus rex usque merleberge : ubi rex dedit philippo de brensa totum regnum de limeric pro servitio sexaginta mili●um , tenendum de ipso & de iohanne filio suo . nam herebertus & willielmus fratres reginaldi comi●is cornubiae , & ioslanus de la pumerai nepos eorum , regnum illud habere noluerunt , eo quod nondum perquisitum erat : nam occiso a regalibus rege monodero , qui rex erat de limeric , & homo regis angliae inde suerat , quidam de progenie illius , vir potens et fortis , regnum de limeric invasit , cepit , et potenter rexit , nullam subjectionem faciens regi angliae , nec suis obedire voluit propter infidelitatem eorum , & mala quae faciebant populo hyberniae sine merito . rex vero corcensis & alii multi divites hyberniae insurrexerunt in regem angliae , & suos : & erant novissima eorum pejora prioribus , & se mutuo interfecerunt . by which president it is evident ; that king henry by the advice of his great council of prelates and nobles of & in england , disposed both of the kingdoms , crowns and lands in ireland to his son , and other subjects of england . the same king m henry the . anno dom. . aetatis annum inchoans quadragesimum nonum , dum mentis et corporis incolumitate vigeret , dum regnum suum undique tranquillae pacis commoditatibus frueretur , apud waltham episcopi winton , regni convocavit majores . itaque pr●●sentibus illis et approbantibus quandam pecuniae partem in causas pias procurans , qua●raginta siquidem duo mili●a marcorum argenti , quingentas marcas auri distribuit , &c. after this n pope lucius an. . sending a letter to king henry the d . to take the cross upon him and succour the holy land , by the p●triarch and master of the hospital of hierusalem , who presented it to him , together with the toy . al banner , and keyes of the lords scpulcher , and of the tower of david , and city of ierusalem , on the behalf of the king and princes of the land , importuning his answer to their requests : domi●us rex statuit eis terminum suae responsionis primam dominicam quadragesimae apud londonias . ad quam dominicam , dominus rex & patriarcha et episcopi , et abbates , et comites et barones angliae ( but no knights , citizens or burgesses thereof , & willielm . rex scotiae , & david frater ejus , cum comitibus et baronibus terrae suae 〈◊〉 londoniis : et habito inde cum deliberatione consslio , placuit vniversis , quod dominus rex consuleret inde dominum suum philippum regem franciae : et sic soluto concilio , dominus rex dedit universis hominibus suis , tam clericis quam lacis , licentiam capiendi crucem . unde factum est quod baldwinus cantuariensis archiepiscopus , et ranulphus iusticiarius angliae , & walterus rothomagensis archiepiscopus , et hugo dunelmensis episcopus , et alii quamplures episcopi transmarini et cismarini : et fere omnes comites et barones et milites angliae , & normanniae , & aquitaniae , & britanniae , & andegaviae , & cenomanniae & turoniae crucem ceperunt . deinde dominus rex venit usque windleshoures et ibi in dominica ubi cantatur , laetare jerusal●m , fecit johannem silium suum militem , & statim misit eum in hyberniam , & inde evm regem constitvit . to pretermit the parliamentary councils under king● richard the . of which i have given you some account in my plea ●or the lords , p. . to . i shall proceed to those in the beginning of king iohns reign . in the . year of king iohn anno dom. . there was a great council of the spiritual and temporal lords and barons summoned to his coronation , thus related by a matthew westminster , though there be no writs of summons thereunto extant on record ; dux normanniae johannes in vigilia ascensionis domini london venit , ibi congregatis angliae nobilibvs , ab h●b●rto cantuariensi archiepiscopo coronatus est , die● ascensionis domini ; which b roger de hov●den thus relates , congregatis igitnr apud lundonias in advent● praedicti ducis huberto cantuariensi , johanne dublinensi , et de raguse archiepiscopus , willielmo lundoniensi , gilberto roffensi , johanne norwicensi , hugone lincolnensi , eustachio eliensi , godfrido wintoniensi , henrico exoniensi , sefrido cicestrensi , gau●rido coventrensi , savarico bathoniensi , hereberto salesburiensi , philippo dunelmensi , rogero de sancto andrea in scotia , henrico de landas episcopis , roberto de leicestre , richardo de clare , willielmo de tutesburie , hamelino de warenne , willielmo de salisbirie , willielmo de striguil , walranno de warewic , rogero bigot , willielmo de arundel , ranulfo de cestre comitibus , & baronibus multis : hubertus cantuariensis archiepiscopus coronoavit , et consecravit in regem angliae prefatum johannem ducem normanniae , in ecclesia sancti petri apostoli westminstriae , sexto calen● . iunii , feria . die ascensionis domini ; philippo dunelmensi episcopo appellante , ne coronatio illa fieret in absentia gaufridi eboracensis archiepiscopi , totius angliae primatis . c matthew paris thus records the manner of his coronation more fully . congregatis ita que in adventu ejus , archiepiscopis , episcopis , comitibus et baronibus atque aliis omnibus , qui ejus coronationi interesse debuerant , archiepiscopus staus in medio omnium , dixit ; audite universi . noverit discretio vestra , quod nullus praevia ratione alii succedere habet regnum , nisi ab universitate regni unanimiter , invocata spiritus gratia electus , & secundum morum suorum eminentiam praeelectus , ad exemplum et similitudinem saul primi regis inuncti , quem praeposuit dominus populo suo , non regis filium , nec de regali stirpe procreatum . similiter post eum david sem ei filium : hunc quia strenuum et aptum dignitati regiae , illum quia sanctum et humilem , ut sic qui cunctos in regno supereminet strenuitate , omnibus praesit et potestate et regimine . verum si quis ex stirpe regis defuncti aliis praepolleret , pronius et promptius in electionem ejus est consentiendum . haec idcirco diximus pro inclyto comite iohanne , qui praesens est , frater illustrissimi regis nostri richardi jam defuncti , qui haerede caruit ab eo egrediente , qui providus et strenuus & manifeste nobilis , qnem nos , invocata spiritus sanctigratia , ratione tam meritorum quam sanguinis regii unanimiter elegimus universi . erat autem archiepiscopus vir prosundi pectoris , et in regno singularis columna stabilicatis et sapientiae incomparabilis . nec ausi erant alii super his adhuc ambigere ; scientes quod sine causa hoc non sic diffiniverat . verum comes iohannes et omnes hoc acceptaban● , ipsumque comitem in regem eligentes et assumentes , exclamant dicentes : vivat rex . interrogatus autem postea archiepiscopus hubertus , quare haec dixisset ? respondit se praesaga mente conjecturare , et quibusdam oraculis edoctum & certificatum fuisse , quod ipse johannes regnum & coronam angliae foret aliquando corrupturus , & in magnam confusionem precipitaturus . et ne haberet liberas habenas hoc faciendi , ipsum electione non successione haereditaria , eligi debere affirmabat . archiepiscopus autem imponens capiti ejus coronam , unxit eum in regem ap●d westmor a●t●rium , sc. in ecclesia principis apostolorum , dominicae ascensionis die , sexto kalendas junii , philippo dunelmensi episcopo appellante , sed non obtinen●e , ne coronatio illa fieret in absentia g. archiepiscopi eboracensis . in hac coronatione rex iohannes triplici involutus est sacramento : quod videlicet sanctam ecclesiam et ejus ordinatos diligeret , et eam ab incursione malignantium indemnem conservaret : et quod perversis legibus destructis , bonas substitueret , et rectam justitiam in regno angliae exerceret . deinde adjuratus est ab eodem archiepisc opo ex parte dei , et districte prohibitus , ne honorem hunc accipere praesumeret , nisi in mente habeat opere , quod juraverat , adimplere . ad hoc ille respondens , promisit se per auxilium dei , bona fide , ea quae juraverat , servaturum . in crastino autem , homagiis et fidelitatibus acceptis , beatum albanum protomartyrem angliae , orationis gratia , devotus petivit . et sic brevissimam in anglia moram faciens , ea quae statuenda erant in regno , cum consilio magnatum rite peregit . in the . year of ( d ) king iohn , anno . hub●rt archbishop of canterbury and chancellor of england , generale celebravit concilium londini apud westmona sterium , contra prohibitionem gawfridi silii petri , comitis essex , tunc temporis summi iusticiarij angl●ae ; in which many laws and canons were made touching ecclesiastical persons and businesses , recorded at large in e roger de hoveden . and in the same year the same g author writes , the long su●e between william de stutevil , and william de moubray , touching the barony of moubray , was compremised and ended by an agreement made between them consilio regni , & volvntate regis . in which council of the realm , it is most probable , statuta quaedam johannis regis , concerning the prises of wine , registred by g hoveden , were made . sed hoc primum regis statutum vix inchoatum , statim est adnihilatum , quiae mercatores hanc assisam sustinere non poterunt , & data est eis licentia vendendi sextertium de vino albo pro octo denariis , & vini rubri pro sex denariis , & sic repleta est terra potu , & potatoribus . the writs of summons for these two general councils of the church and realm this year , are not found extant on record . the patent roll in the of h king iohn , makes mention of an assise of beer and wine , made per commune consilium baronum nostrorum , held the year before at winchester . rex , &c. sciatis , nos communi cons●lio baronum nostrorum constituisse , quod albus panis factus in civitate nostra winton . fit ponderis c sol. &c. et unusquisque pistor sigillum suum pani suo apponat , &c. et volumus et firmiter praecipimus , quod haec constitutio firmiter teneatur . facta est autem haec constitutio ad pascham proximam post obitum alienorae reginae matris nostrae , anno regni nostri quinto , teste g. fil . petri com. essex . apud freitemnel die aprilis . this ordinance for the assise of bread , with the proclamation and proceedings thereupon , is more at large recorded in matthew paris hist. angl. anno , editione tyguri . p. . where you may peruse it at leasure . in the th . year of his reign ( as x met. paris relates ) rex johannes in comites & barones occasiones praetendens , quod ipsuminter hostes reliquerant in partibus transmarinis , unde castella , & terras suas pro eorum defectu amiserat , caepit ab eis septimam partem omnium mobilium suorum ( by grant , as i conceive in a parliamentary council ) nec etiam ab hac rapina in ecclesiis conuentualibns manus coercuit violentas . yet i find no writ of summons to this council in the rolls of this year . in the year of his reign , y an. . in crastino circumcisionis venerunt ad colloquium apud oxoniam rex & magnates angliae , ubi concessa sunt regi auxilia militaria de quolibet scuto , scilcet duae marcae & dimidia . nec etiam episcopi & abbates , sive ecclesiasticae personae , sine promiss one recesserunt . in the year of his regality , as z king iohn celebrated the day of our saviours na●ivity at oxford ; so it appears he likewise held a parliamentary council there , which granted him an ayd toward the recovery of his lands in france , and defence of the realm of england , by these two records that year . claus. . iohan. regis dors . . rex iustic . auxilii assidendi & vic. berks salutem : sciatis quod abbas de abbendon finivit nobiscum pro sexties cent . mar . pro habenda quietantia de dominicis feodis & hominibus omnibus tenentibus suis in balliva vestra de anxilio nobis proviso per concilium nostrum oxon : et ideo vobis mandamus quod ipse inde quietus sit . et si quid inde per nos inc●oatum suerit , penitus relax . tu autem vic. videas quod securus sis quod habeamus unam medietatem finis illius ad proximum clausum pasche : et aliam medi●tatem ad ptoximum festum sancti iohannis baptistae . alioquin capietur de firma tua . et justitiariis mandatum est & libere tenentibus suis in ballivia tua quod faciant ei praedictum auxilium . et si quid inde cepisti , id ei sine dilatione reddi fac . t. pat. . iohan. rs. m. . rex archidiacon● , officiali & toti clero archiepiscopatus cantuar. salutem . notum satis , quod archiepiscopi , episcopi , abbates , priores , & magnates regni nostri auxilium nobis fecerunt ad defensionem regni nostri & recuperationem terrarum nostrarum . verum quia de vobis confidimns , quod nos & ●onorem nostrum diligitis , & defensionem regni nostri , & recuperationem terrarum nostrarum affectatis , vos rogamus attentius , quatenus tale axilium nobis exemplo accepto ex parte vestra faciatis , ut inde vobis gratias dare debeamus : et quod alii rectores ecclesiarum intuitu vestri ad auxilium nobis faciendum exempio vestro facilius inuitentur : ●t quantitat●m auxilii quod nobis quilibet ipsorum sac●re voluer it , quilibet vestrum seperatim faciat . ita quod per ipsos in octabis sanctae circumcisionis inde possimus testificari . teste me ipso apud ebor. . die maii. this same year the arch-bishops , bishops , abbots , archdeacons , and clergy of england by command from pope innocent , without the kings writ or consent , were called to , and resolved to hold a council at saint albans , to pay romescot in an unusual manner , and many other unaccustomed exactions , to the great prejudice of the kingdom , and oppression of the people ; whereupon the king upon the general complaint of the universality of the earls , barons , knights , and other subjects against those exactions & this council , issued forth this memorable writ and prohibirion , in preservation of the rights of the crown , kingdom , people , against this papal usurpation and innovation . pat. . iohan. rs. m. . rex archiepiscopis , episcopis , abbatibus , archidiaconis , & omni clero apud sanctum albanum ad concilivm convocato salutem . conquerente universitate comitum baronum , militum , & aliorum-fidelium nostrorum , audivimus , quod non solum in lai●orum grave praejudicium , sed etiam in totius regni nostri intolerabile dispendium , super romescotto praeter consuetudinem soluendo , & aliis pluribus inconsuetis exac●ionibus , autoritate summi pontisicis concilium inire , & concilium celebrare decrevistis . nos vero licet ob honorem sidie nostrae & debitum reverentiae quod sanctae romanae ecclesiae impendere tenemur , voluntatem sancti patris vestri domini papae innocentiae obtemperare cupimus , tamen omittere non possumus quin quaerelis fidelium & subditorum nostrorum clamantium de jactura sua & timentium , prout necesse est , sibi subveniamus , & ●mergentib●scausis quae indempnitati pacis & unitati regni nostri obviare possunt , quanta decet celeritate & diligentia occurramus . vobis igitur praecise mandamus & expresse prohibemus , ne super praedictis vel aliquibus aliis concilium aliquod anthoritate aliqua in fide qua nobis tenemini teneatis , vel contra regni nostri consuetudinem aliquod novum statuatis , et sicut nos & honorem nostrum , & communem regni tranquillitatem diligitis à celebratione hujusmodi concilii & à praedictis taxationibus ad praesens supersedeatis , quousque cum universitate nostra super hoc colloquium habuerimus . scientes per certo , quod expediet honori sanctae romanae ecclesiae & domino papae & nobis & vobis quod istud ad praesens negotium differatur , donec generalem habuimus conferrentiam commodius & honestius explicari . et quod vobis hoc mandamus pro honore , & commodo sacrosanctae ecclesiae , & vestri & regni nostri id fecimus : quia talia audivimus quod hoc ita fieri necessario expedit , sicut vobis dicemus cum vobiscum locuti fuerimus . teste me ipso apud ebor. . die maii. now because all elections of knights of shiers , are and ought to be made in the next * county court after the writs for elections come to the sheriffs hands ; i shall adde this memorable exposition of the statute of magna charta , c. . made by the king and greater part of the bishops , earls , and barons of the realm without the commons , touching the holding of hundred courts , wapentakes , & court leets , omitted by sir edward cook in his commentary thereon , which it better explains than his annotations upon it . claus. . h. . m. . rex vic. linc. salutem . quia audivimus quod tu & ballivi tui , & ballivi aliorum qui hundredum habent in comitatu tuo , non intelligitis qualiter hundreda & wapentake teneri debeant in com. tuo , postquam concessimus omnibus de regno nostro libertates in cartis nostris quas indo fecimus , dum f●imus infra aetatem . nos eandem ca●●am nuper legi fecimus in praesentia dom. caniuar . archiep . & majoris & sanioris partis omnium episcoporum , comitum et baronum to tius regni nostri , ut coram eis et per eos exponeretur haec clausula contenta in * carta nostra de libertatibus , viz. quod nullus vicecomes vel ballivus faciat turnum suum per hundredum , nisi ●is in anno , & non nisi loco debito & consueto ; viz. semel post pascham , & iterum post festum sancti michaelis . ita scilicet quod qui libet habeat ●ibertates suas quas habuit & habere consuevit tempore h. regis avi nostri , vel quas postea perquisivit . unde à multis ibi dictum suit , quod t●●pore h. regis avi nostri tam hundreda et wapentac , quam curi●● magnatum angliae solebant teneri de quindena in quindenam ; et licet multum placeret communi utilitati totius regni & indempnitati pauperum providere , quia tamen illi duo turnii plene non sufficient ad pacem regni nostri conservandam , & ad excessus tam divitibus quam pauperibus illatis corrigendos quae ad hundredum pertinent , de commvni consilio praedict . dom. cantuar . & omnium praedict . episcoporum comitum , et baronum , et aliorum , ita provisum est. quod inter praedictos duos turnos teneantur hundredum & wapentakia , & etiam curiae magnatum de tribus septimanis in tres septimanas , ubi prius teneri solent de quindena in quindenam . ita tamen , quod ad illa hundred a & vvapentakia & curias non fiat generalis summonitio , si●ut ad turnos praedictos ; set ad hujusmodi illa vvapentakia & curias convenient conquerentes & adversarii sui , & illi qui sectas debent , per quos teneantur placita & fiant judicia , nisi ita sit quod ad hundreda illa & vvapentakia fieri debeat inquisitio de placitis coronae , sicut de morte hominis , thesauro invento , & hujusmodi : ad quae inquirenda conveniant cum praedictis sectariis quatuor villatae proximae ; scilicet omnes de illis villis qui necessarii fuerint ad inquisitiones illas faciendas . et ideo tibi praecipimus , quod praedicta hundreda vvapentakia & curias tam nostras quam aliorum teneri facias de cetero secundum quod praedictum e●t de tribus sepeimanis in tres septimanas , exceptis praedictis duobus turnit , qui de caetero teneantur secundum quod prius teneri solebant . t. r. apud vvestm . . octobris . i shall only adde this one record more , proving , that matters concerning truces , were resolved by king h. . the spiritual and temporal lords in parliamentary councils , without any knights , citizens , or burgesses . claus. . h. . m. . rex roberto de langeton , archidiacono cant. & abbati de sancta radegunda , salute● , super sollicitudine & diligentia laudabili simul & laboribus sumptuosis quas circa negotium nostrum expediendum quod vobis injunximus apposuistis , urrique vestrum copiosas referrimus gratiarum actiones , vobis quidem magister s. praecipuas & speciales , utpote ei cujus fidelitatem & prudentiam plurimum commendamus . sciatis autem quod congregatis apud vvestmon . in octabis sancti hillarii vener : patribus g. cantuar archiepiscopo , episcopis , comitibus , et aliis fidelibus nostris . ( to wit , the barons and great men , not commons , as the subsequent clause attests . ) post diligentem tractatum habitum cum ipsis de negotio trevgarvm inter nos & regem franciae & aliis agendis nostris , visum fuit iisdem fidelibus nostris , quod nullo modo sine verecundia & opprobrio nostris insulam de olerone 〈◊〉 potuimus comiti marchiae pro cōsensu suo adhibendo ad treugas inter nos ineundas , nec in co consilium nobis praestare vel consentire voluerint . sic enim praeter verecundiam quam inde consequeremus ab omnibus quibus factum nostrum innotesceret teneremur et pro remissis , et minus valentibus haberemur , et etiam pessimum & perniciosum exemplum aliis qui in casu consimili ad similia petenda per hoc moverentur . vnde si per d●centas libras annuas treugis durantibus ad consensum treugarum possit●idem comes induci pro insula praedicta sicut alias locutum suit , bene placeret tam nobis quam praedictis magnatibvs nostris ; et ad hoc laborare velitis , quia priori conditioni consentire non esset honestum , vel expediens , &c. t. rege apud westm. . januarii . i shall trouble you with no more presidents or records of this nature , by way of preface to this first part of my register , kalender and survey of parliamentary writs : in which i have presented you onely with the several writs of summons directed to the spiritual and temporal lords , and kings counsil ( their ordinary assistants ) intermixed with some other writs , and several forms of procurations , in my observations on them ; which relate wholly , or principally to the house of lords , convocations , and clergy , amounting to a just vendible volume . the several forms , varieties of writs issued to sheriffs of counties , wardens , or officers of the cinque-ports , dukes of lancaster , their lieutenants , or chancellors , and sheriffs of particular boroughs●made ●made counties within ●emselves ) for electing knights , citizens , burgesses , and barons of the ports ( peculiar to the house of commons ) with all sorts of writs for proroguing , continuing , adjourning parliaments , or superseding them after summons to them upon extraordinary occasions , ( relating equally to both houses of parliament , and their members ) together with some special writs of summons to the kings , prelates , nobles , barons , great officers , and others of the realms , lands of scotland and ireland , to appear in , at , or before the parliaments , great councils , kings , or privy counsil in england , concerning the affairs , or defence of scotland and ireland onely : as likewise to particular merchants , masters of ships , forresters , lawyers , learned men of both universities , and other persons upon special occasions , to attend the parliament , king , counsil ; with my particular observations on them , ( which i at first intended to have published in this piece ) i shall ( if god send health , life , oportunity , and incouragement by a grateful acceptance of these first-fruits ) with all convenient speed , communicate to the world in a second part. after which , i shall in two or more distinct volumes , present unto publick view several other kinds of writs , relating to the parliaments , great councils , convocations and clergy of england , to all sorts of proceedings in them , criminal , or civil ; the assessing , levying of the expences of knights , citizens , and burgesses of parliament : of dismes , quidismes , aids , subsidies , customs , imposts , granted by them ; with the disposing , releasing of them ; the defence of the realm by land or sea in times of danger ; the proclaming , observing of the great charters , laws , and liberties of england ; and of acts and ordinances of parliament newly enacted ; with sundry other rarities , which all former writers of our english parliaments have either totally omitted , or but briefly touched , and that very slightly ; though of excellent use , and most necessary to be insisted on , for the information of their readers , and benefit of posterity . not to detain you with any longer preface , i shall now leave you to the perusal of this first part , distinct from those parts i intend shall follow it ; if embraced with that respect , affection , and desire as it may justly expect and hope for from the nobility , gentry , lawyers , antiquaries and heralds of the english nation . but if slighted , vilified , neglected , like old almanacks or fashions grown quite out of use and request ( though meer novelties in their discovery & communication to the world , hitherto unacquainted with them ) i shall then resolve to cast no more such precious ancient * pearls and rarities be●ore swine ; who wil neglect & trample them under their feet ; but reserve them for my own private cabinet , use , ornament , benefit , delight , and such learned friends to whom i shal hereafter bequeath them , who will estimate them according to their true intrinsecal worth , and prefer them before the most orient pearls and diamonds , which are only for shew , when as these are of greatest publick use , and will be so esteemed in future generations , how much soever slighted by the athenians of this age , who like the old ones , acts . , . spend their ti●e in nothing else but to tell or hear some new thing ; preferring new gloworms , ignes fatui , and prodigious comets , shining onely in the night , before the sun , moon , and fixed planets , which ten thousand times outshine , transcend them both in splendor , magnitude , use , excellency , and publick benefit . it is a cicero his observation of old , solis exortus , cursus , occasus nemo admiratur propterea quod quotidie ●iunt ; at ●cclypses solis mirantur , quia raro accidunt . nulla nisi rara aut admirabili re commovetur animus . which b seneca thus seconds , ita cōpositi sumus , ut nos quotidiana , etiam si admiratione digna sunt , transeant : contra , minimarum quoque rerum , si insolitae prodierunt , spectaculum dulce fiat . hic quoque caetus astrorum , quibus immensi corporis pulchritudo distringuitur , populum non convocat , sed cum aliquid ex more mutatum est , omnium vultus in coelo est . nemo observat lunam nisi laborantem . tunc urbes clamant , tunc pro se superstitione vana trepidant . quanta illa majora sunt , quod sol totidem gradus quotidie habet & annum suo circuitu claudit ; quod à solstitio diem inclinat , & noctibus spacium dat , quod sydera abscondit , quod terras cum tanto major sit illis , non urit , sed calorem suum intentionibus & remissionibus temperando fovet ; quod lunam nunquam implet , nisi adversam sibi , nec obscurat ; haec tamen non annotamus quamdiu ordo servatur . si quid turbatum est , aut praeter consuetudinem emicuit , spectamus , interrogamus , ostendimus . idem in comae : is fit , &c. adeo naturale est , nova , magis quā magna mirari : w ch . is in truth both the sin & folly of our present fantastick childish age , affecting , studying , delighting , admiring nothing but novelties , as well in theology , all kinds of arts , sciences , publick government , and parliaments themselves , as ●●ell as fashions or apparel , though never so prodigious , heterodox , ridiculous or destructive . but however vertiginous scepticks , and fantastick gallants having more hair than brains , are wholly enamored , infatuated with new-nothings , yet all judicious christians , lawyers , statesmen , ( with holy and prudent king c david ( a man after gods own heart ) will consider the dayes of old , the years of ancient times : and according to gods own precept , d stand in the wayes and see , and ask for the old paths , where is the good way , and walk therein , that they may find ease for their souls : concluding with holy iob ▪ e with the ancient is wisdom and understanding : and with our saviours own resolution , wherwith i shall close up this epistle , f no man having drunk old wine , straitway desireth new ; for he saith , the old is better . which is the experimental resolution of . your unfeined friend and servant , as well in relation to private as publick good , will. prynne . from my study in lincolns inne , ian. . / . a brief register , kalendar , and survey of the severall kinds of all parliamentary writs ; with usefull observations on them . that all great councils of state , parliaments , synods , convocations held in england , under the british , saxon , danish , norman , english kings successively reigning therein , were summoned by their royal writs , precepts , and held by their authority alone , is a truth irrefragable , which i have a elswhere abundantly evidenced by histories and records , though all the writs whereby they were summoned till the reign of king iohn , be no where extant , being consumed by the all-devouring jawes of time . the writs of summons to parliaments and great councils of state , being the corner-stones whereon they are founded , and best discovering the causes , ends for which they were summoned ; instead of that folio register of them at large which i once intended to have published , i shall present you only with a brief register and kalendar of some of the antientest and rarest of them , full of excellent variety and delight ; and such observations on and from them , as may best instruct the readers , rectify the mistakes of some pretended antiquartes who have written of our english parliaments , writs of summons to them , and supply their defects , especially concerning the several forms and various kinds of parliamentary writs , which they have rather touched than handled , being all very maimed and incompleat in this particular . to avoid confusion , i shall marshall these writs into several squadrons , according to the quality of the persons to whom they were directed , and that in a chronological series , digesting them into distinct sections , beginning with those issued out to our archbishops , bishops , abbots , priors and spiritual lords or barons of the realm . section i. concerning writs of summons to parliaments , great councils , convocations , issued out to archbishops , bishops , abbots , priors , and other ecclestastical barons of the realm , who were peers and members of our parliaments . the first writ of summons to parliament of this ( of any other ) kind extant in history or record , that i have seen , is in the . year of king iohn , running in this form of words . b mandamus vobis rogantes quatenus omni occasione & dilatione postposita , sicut nos & honorem nostrum diligitis , sitis ad nos apud london die dominica proxima ante ascensionem domini , nobiscum tractatur● de magnis & arduis negotiis nostris & communi regni utilitate . quin super his quae à rege franciae per nuncios nostros & suos nobi● mandatae sunt , unde per dei gratiam bonum speramus provenire , vestrum expedit habere consilium et aliorū magnatum terrrae nostrae quos ad diem illum & locum fe●imus convocari . vos ●tiam ex parte nostra & vestra abb●tes & priores conventuales totius diocaesis citari faciatis ut concilio prae●icto intersint , sicut diligunt nos & communem regni utilitatem . t. &c. the . writ of this kinde extant on record , is that in h. . c henricus , &c. ven●rabili in christo patri wal●ero eboracensi archiepiscopo salutem . mandamus vobis quatenus sicut nos & honorem nostrum paritèr & vestrum diligi tis , & in fide qua nobis temmini , omnibus aliis negotiis omissis , sitis ad no● apud london à die sancti hillarii in xv dies , ad tractandum nobiscum , una cum cae●eris magnatibus nostris quos similiter fecimus convocar● , de arduis negotiis nostris statum nostrum & totius regni nostri specialitèr tangentibus & hoc nullatenus omittatis . t. me ipso , apud windlesoram xiv die decembris . there are some writs directed to the archbishops , and bishops in h. . which seem much like a writ of summons of the clergy to a convocation , which i shall here insert . claus. an. h. . m. . dorso . rex , r. cantuar. archiep●scopo , totius angliae primati , salutem . cum rex castellae nullo jure sed potentiae sua confisus , terram nostram wasconiae cum multitudine christianorum et saracenorum in aestate prox . futura hostiliter sit ingressurus , prout alias vobis significavimus , quam quidem terram in tanto periculo constitutam contra tam potentem principem sine communi regni nostri angliae auxilio defendere non valemus ; dolentes si regnum praedictum , quod inter caeteros mundi principatus probitate gentium florere sole● , propter virium impotentiam aut segnitiem propriam suis viribus destitutum succum●eret . paternita●em vestram omni qua possumus affectione rogamus , quatenus nos et jura nostra taliter inde●ensa non deserentes , cum omni celeritate convocetis coram vobi ▪ capitulum vestrum cathedrale , archidiaconos , viros religiosos et clerum vobis subjectum . inducentes eos modis omnibus quibus poteritis , quod nobis in tanta necessitate liber ●●●ter subveniant et gratiose ad praedictae terrae nostrae defensionem , quod in ipsorum honorem verte●ur sempiternum : cum ex contrario , hujus negotii eventu non tantum nobis , sed singulis regni nostri , personarum et rerum dampnum manifeste immineat periculosum . proviso , quod aliqui viri discreti ex parte praedictorum certificent consilium nostrum apud westm. in quindena pasch : prox . futur . de modo et quantitate subsidii memorati . salvis nobis promissionibus tunc solvendis ibidem a viris religiosis vestrae diocaesis nobis factis in quindena sancti hilarii prox . praeteriti . et quia ordinariam jurisdictionem exerceatis vacante sede in episcopatu lincoln , vos requirimus affectuose , quatenus officialibus vestris ejusdem episcopatus scia●is attente , quod tempestive convocent coram eis capitulum cathedralis lincoln . archidiaconos , viros religiosos & clerum ejusdem episcopatus ad certos diem & locum . inducentes eos modis omnibus quod in hac necessitate nostra consimilem nobis faciant subventionem , et quod certificent consilium nostrum apud westm. in praedicta quindena pasch. per viros discretos ejusdem episcopatus de modo & quantitate praedicti subsidii . salvis nobis promissionibus a viris religiosis praedicti episcopatus nobis factis in quindena sancti hillaerii prox . praeteriti sicut praedictum est . in cujus , &c. t. a. regina nostra , & r. com. cornub. fratre nostro , apud windlesor die febr. eodem modo mandatum est archiepiscopo eborum , & singulis episcopis totius angliae , & officialibus bathon . & wellen , episcopi , nulla facta mentione de episcopatu linc. this writ is no summons either to a parliament , council , or convocation of the clergy , as it may seem to some men , but a special writ directed to the archbishops and bishops in their several diocess , to summon their chapters , archdeacons , clergy , and the religious persons in their respective diocesse before them , and to excite them to a free , voluntary , and liberal contribution to supply and ●elieve the kings necessities , for the defence of gas●●ig● , against the intended invasion of the king of castell , as the whole frame thereof demonstrates , and their several certificates of the manner and quantity of their aids , and the sums they would contribute in this necessity , required to be certified from every bishoprick and dioce●s to the kings council at westminster by certain discreet men ; with distinct promises by religious persons mentioned therein , do manifest beyond contradiction ; every bishop , with the clergy , and religious in every distinct diocesse , being to meet and act apart herein by themselves , and not summoned to meet all together to advise and resolve concerning this aid requested from them : therefore though a writ fit to be inserted into this register , yet i shall not enumerate it amongst the writs of summons to a parliament , councel , or convocation . the . writ is that of h. . d henricus de●gratia rex angli●e , dominus hiberniae , & dux aquitaniae , venera●ili in christo pa●ri r. e. piscopo dunelmensi , salutem . cum post gravia turbationum discrimina dudum habita in regno nostro , carissimus filius edwardus primogenitus noster , pro pace in regno nostro ass●curanda & firmanda obses traditus extitisset , & jam sedata ( benèdictus deus ) turbatione praedicta , super deliberatione ejusdem salubritèr providenda & plena securitate & tranquillitate pacis ad honorem dei & utilitatem totius regni nostri firmanda , & totaliter complenda● ac super quibusdam aliis regni nostri negotiis quae sine consilio vestro et aliorum praelatorum et magnatum nostrorum nolumus expediri , cum eisdem tractatum habere nos oporteat . vobis mandamus rogantes in fide & dilectione quibus nobis tenemini , quod omni occasione postposita et negotiis aliis praetermissis , sitis ad nos londoniis in octabis sancti hillarii proximo futuris , nobiscum et cum praedictis praelatis & magnatibus nostris , quos ibidem vocari fecimus , super praemissis tractaturiet consilium impensuri ; et hoc sicut nos & honorem norum & vestrum , neonon et commu●em regni nostri tranquillitatem diligitis , nullatenus omittatis . teste rege apud wigorn. . die novembris . the like writs ( as appears by the roll ) were directed to the archbishop of york , and more bishops ; to abbots and priors , to the master of the knights of the temple in england , and to the deans of york , exon , wells , sarum and lincoln . the . writ is that of e. . m. . dorso . edwardus , &c. venerabili in christo patri r. eadem gratia cant●ar . archiepiscopo , totius angliae primati salutem . quia super quibusdam ar duis nego●ils nos & regnum nostrum , ac vos caeterosque praelatos de eodem regno tangentibus , quae sine vestra et eorum praesentia nolumus expediri parliamentum nostrum tenere , et vobiscum super hiis colloquium habere volumus et tractatum . vobis mandamus , quod in fide et dilectione quibus nobis tenemini fi●miter injungentes , qu●●enus sitis ad nos apud westm. primo die mensis augusti prox . futur . vel saltem infra tertium diem subsequentem ad ultimum , nobiscum super dictis negotiis tractaturi , vestrumque consilium impensuri . et hoc nullo modo omittatis . teste meipso apud album monasterium xxiiii . die julii . per breve de privato sigillo . the like writs then issued to the archbishop of york and . other bishops ; to the master of the order of semplingham , the master of the knights of the temple , the prior of the hospital of st. iohns ierusalem in england , and to . abbots and priors , whose names are recorded in the rolls , over tedious to transcribe at large . the same year . e. . there was another parliament summoned by this memorable writ , the . i find upon record . d rex venerabili in christo patri r. eadem gratia cantuar. archiepiscopo totius angliae primati , salutem . sicut lex justissima provida circumspectione sacrorum principum stabilita horratur , ut quod omnes tangit ab omnibus approbetur ; sic & 〈◊〉 evi●enter : ut communibus periculis per remedia provisa communiter obvietur ; sane satis nostis et ●am est , ut credimus , per universa mundi clim●ta divulgatum , qualiter rex franciae , de terra nostra ●asconiae , nos fraudulenter & cautelose decepit , eam nobis nequiter de●inendo . nunc vero praedictis fraude et nequitia non contentus , ad expugnationem regni nostr● , classe maxima et bellatorum copiosa multitudi●e congregatis , cum quibus regnum nostrum & regni ejusdem incolas hostiliter jam invasi● , linguam anglicam , si concep●ae iniquitatis proposito detest abili potest as correspondeat , quod deus ave●●at omnino de terra delere proponit . quia igitur provisa jacula minus laedunt , & res vestra sicut caeterorum ejusdem regni communiter agitur in h●c parte , vobis mandamus in fide et dilectione quibus nobis ●enemini firmiter injungentes , quod die dominica prox . post festum sancti martini in hieme prox . futura , apud westm. personaliter intersitis . praemunientes priorem & capitulum ecclesiae vestrae , archidiaconos totumque clerum vestri diocaesis , facientes quod iidem prior & archidiac . in propriis personis suis , & dictum capitulum per unum , idemque clerus per duos procuratores idoneos , plenam et sufficientem potestatem ab ipsis capitulo et clero habentes , una vobiscum intersint modis omnibus tunc ibidem ; ad tract and , ordinand . & faciend . nobiscum , et cum caeteris praelatis & proceribus & aliis incolis regni nostri , qualiter sit hujusmodi periculis et excogitatis maliti●s obviandum . teste rege apud wengeham die septembris . the like writs were then issued to the arch bishop of york , and other bishops there named , only with this diversity , praemunientes decanos et capitula ecclesiarum , archidiaconos totumque clerum suorum dioc. facientesque quod iidem decani & archidiaconi in propriis personis suis , & dict a caepitula per unum , idemque cl●rus per duos procuratores idoneos , plenam & sufficientem potestatem ab ipsis capitu●is & clero habentes , &c. as before . and with this peculiar different cla●se in the writ directed w. bathon & wellen. episcopo . praemunientes priorem bathon . & capitulum 〈◊〉 & decanum & capitulum wellen. ecclesiarum suarum , necnon archidiaconos & clerum , &c. and in the writ issued coventr . & lichf . episcopo , praemunientes priorem & capit. coventr . & decanum & capitulum lichf . necnon , &c. ut supra , teste ut supra . the like writs were then sent to abbots and priors there named ●omitting the whole clause of praemunientes , &c. ) and to the masters of the knights of the temple , and of the order of semplingham , and to the prior of the hospital of st. iohn ierusalem in england . the writ is that of claus. . e. . m. . dorso . rex &c. r. &c. cant. arch. &c. vestra paternitas plane novit , qualiter vos & alii praelati , & clerus regni nostri apud westm. ultimo congregati , in concessione pecuniae reddituum , & benesiciorum vestrorum ecclesiasticorum pro defensione regni ejusdem usque ad festum sancti michaelis prox . futur . nobis facta , & sub spe ub●rioris subsidii in futuro a vobis & aliis praestandi admissa , bonum et sufficiens nobis pro futuro tempore subsidium ob candem causam , nisi interim inter regem franciae & nos pacem reformari vel treugas iniri contingeret , dare promisistis unanimiter , liberaliter & libenter ; cui quidem reformationi pacis vel initioni treugarum dictus rex franciae hactenus non consensit . quocirca vobis mandamus in fide et dilectione quibus nobis te nemini firmiter injungentes , quod in crastino animarum prox . futur . apud sanctum edmundum personaliter intersitis . praemnnientes , &c. ( as before ) tunc ibidem , ad ordinandum de quantitate & modo subsidi memorati . teste rege apud berewic . super twede die augusti . the like writs issued . custodi archiepiscopatus eborum , sede vacante ; electo menevensi , vel ejus vices gerenti ipso agente in partibus transmarinis : et electo landavensi ; and to . bishops more : it being usual then , and in succeeding times , to issue out writs to bishops elect , and so to abbots and priors elect , before their consecrations or installments ; and to bishops vicars , or vicegerents , in case of their absence in forein parts . the like writs were then directed to abbots , but not to one prior , except of the hospital of ierusalem , and to the masters of the knights of the temple , and order of semplingham : differing only in the praemunientes , &c. and this close of the writs , ad tractand . ordinand . & faciend . nobiscum & cum caeteris prelatis et proce●ibus , et aliis incolis regni nostri , qualiter sit hujusmodi periculis et excogitatis malitiis obviand . teste ut supra . the . writ is this of claus. an. . e. . m. . dorso . rex venerabili in christo patri eadem gratia r. cantuar . archiepisc. &c. salutem . quia super quibusdam arduis & urgentibus negotiis nos et vos , ac totum regnum nostrum tangentibus , volumus , quod edwardus filius nofler karissimus , tenens locum nostrum in anglia , vobiscum colloquium habeat et tractatum . vobis mandamus in fide et di●ectione quibus nobis tenemini firmiter injungentes , quod in instante crastino sancti michaelis london : ad eundem filium nostrum modis omnibus personaliter intersitis , cum eodem et caeteris de consilio nostro qui ibidem aderint , super dictis negotiis tractaturi vestrumque consilium impensuri . et hoc sicut honorem et commodum nostrum diligitis nullatenus omit tatis . teste edwardo fil . regis apud sanctum paulum london . die septembris . the like writs were directed to . other bishops , . abbots , . priors , the prior of the hospital of st. iohns of ierusalem , and mr. of the templers . the . writ is thus recorded in claus. ed. . m. . dorso . rex venerabili in christo patri r. eadem gratia cantuar . arch. &c. s●lutem . quia super negotiis nostris ultramarinis vobiscum , et cum caeteris praelatis , ac proceribus regni nostri , habere volumus colloquium et tractatum . vobis mandamus , &c. quod prima dominica quadragesimae ad nos london . modis omnibus personaliter intersitis ; nobiscum ibidem , super dictis negotiis , &c. as in the next precedent writ . teste rege apud pontem de tayle . die febr. the like writs were sent to the archbishop of york angliae prima●i ; to other bishops , abbots , and priors , and all others omitted , or not entred on the roll. the . vvrit is this in clause anno e. . m. . dorso . rex , venerabili in christo patri r. &c. cantuar. arch. &c. propter quaedam specialia et ardua negotia nos , & statum regni nostri tangentia quae noviter emerserun● , & quae sine praesentia vestra nolumus expedire ; vos affectuose requirimus et rogamus quatenus sitis ad nos apud westm. in quindena pa●chae prox . nunc ventur . omnibus praetermissis , ad tractandum nobiscum super eisdem negotiis , ac etiam vestrum consilium impendend . prout dominus inspirabit . et hoc sicut de vobis confidimus et honorem nostrum diligitis nullatenus omittatis . t. rege apud westm. die aprilis . the like writs are issued to bishops and abbots , without any priors or other ecclesiastical persons . the . is this writ , in claus. e. . m. . dorso . rex venerabili , &c. r. cantuar. arch. &c. propter quaedam ardua negotia nos et vos de regno nostro , ejusque statum urgent . tangentia ; vos rogamus specialius scimus possumus , ●vobis nihilominus injungendo mandamus , quatenus in prox . festo sancti lucae evangelistae apud novum templum london personaliter intersitis : ad habendum un● cum aliis fidelibus nostris qui intererunt , deliberationem et consilium super praedictis negotiis vobis tunc ibidem ex parte vestra ( nostra rather ) plenius exponend . et hoc amore nostri nullatenus omittatis . t. rege apud ledes die septembris . the like writs then issued to more bishops , earls , and lords only , and no more , without any other bishops , abbots , priors , or temporal lords mentioned in the roll. whence i conceive it rather a summons to a private consultation , than a common council or parliament , the frame of the whole writ importing as much , and that following it at the heels . the . is a writ of summons to a parliament , recorded in the dorse of the same membrana . * rex ven . in christo patri r. &c. cantuar. arch. &c. quia ad salvationem coron● nostrae regiae , et communē utilitatem populi regni nostri secunda dominica quadragesimae prox . futur . london . parliamentum tenere , & vobiscum , et cum c●teris praelatis necnon magnatibus & proceribus ejusdem regni super negotiis nos et idem regnum nostrum contingentibus , speciale colloquium habere volumus et tractatum . vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quod ad dictos diem et locum person aliter intersitis nobiscum , & cum caeteris praelatis , magnatibus et proceribus praedictis , super dictis negotiis tracta●uri , vestrumque consil●um impensuri . praemunientes , &c. as before , p. , . ) ad faciendum et consentiendum hiis quae tunc de communi consilio deo fav●nte ordi●ar● c●ntigerit , vel etiam pro utilitate dicti regni providere ; et hoc sicut honorem nostrum regnique praedicti commodum diligitis , nullatenus omittatis . t. rege apud berewicum super twedam , die decembris . writs of like form are directed to . bishops more , and likewise custodibus episcopatus lincoln . sede vacante : et capitulo ecclesiae beati petri eborum , custodibus spir●tuallum ejusdem diocaes . sede vacants : with this special clause superadded ; quod ad praedictos diem et locum sufficientem procuratorem plenam a vobis potestatem habentem mittatis ad tractand . nobiscum , et cum praedictis praelatis , magnatibus et proceribus super negotiis antedictis , et praebendum nomine vestro consilium et assensum hiis quae ibidem t●nc contigerit ordinari . praemunientes archidiac . in ecclesia vestra , to●umque clerum eborac●nsis diocaes . facientesque &c. as in p. , , &c. the like writs then issued to abbots ; but to no prior , except of st. iohns ierusalem in england , & fratribus et mag●stro militiae templi in anglia , et m●gistro de semplingham . the . is the writ in claus. e. . m. . dorso . rex , venerabili in christo patri r. eadem gratia cantuar . archiepiscopo , &c. cum nuper pro communi utilitate populi regni nostri con●esserimus , quod carta de foresta in singulis suis articulis firmiter observaretur , assignando quosd●m de fidelibus nostris in singulis comitatibus ejusdem regni in quibus forestae nostrae existunt , ad perambulationem in eisdem forestis faciendam . ita quod per ambulationem illam distincte et aperte factam ad nes antequā aliqua executio vel aliquid aliud inde fieret reportarent , et quod jur amentum nostrum , jus coronae angliae , rationes & calumpniae aliorum omnium salva forent . nos licet dilects et fideles nostri nunc primò ad nos detulerunt quod fecerint in negotiis memoratis , quia tamen praelaci , comites & caeteri magnates dicti regni in quorum praesentia nostras , & aliorum proponi et audiri volumus rationes , et de quorum consilio in eodem negotio , prout alias diximus , intendimus operari : maxime cum ip●● ad observandum et manutenendum ●ura regis et coronae nostrae praedictae , una nobiscum ●uramenti vinculo sint astricti , a● la●●● , nost●um tunc ten p●●●is non fuerunt ; ac pro eo scilicet quod illi qui suas rationes qua●enus illud negotium illos ●ang it proponere habeant , inde praemun●●i non erant , eidem negotio sine ipsorum consilio-●inem imponere non potuimus bono modo . et quia negotium illud quantum possumus cup●mus maturare , ita quod per nos non foret quin absque ulterioris dilationis incommodo effectum debitum sorti●ri ( posset . ) volentes cum praelatis , comitibus , baronibus ac magnatibus supradictis ac aliis ●e communitate dicti regni super hoc , et quibu●dam aliis negotiis , nos et statum regni praedicti tangentibus , habere colloquium et tractatum . vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quod sitis ad nos ad parliamentum nostrum apud lincoln . in octabis sancti hillarii prox . futur . nobiscum ibidem , una cum cae●eris praelatis et proceribus praedictis super praemissis tractaturi , vestrumque consilium im●ensuri . et hoc sicut nos , & commodum regni nostri praedicti diligitis , nullatenus omittatis , teste rege apud le rose . die septembris . the like writs were sent to the archbishop of york , angliae primati , and to bishops more : to abbots ; but no prior except prior hospitalis sancti johannis ierusalem in anglia ; magistro ordinis de semplingham , magistro milit. templi in anglia . the . and . writs are of this form registred in clauso ann. e. . m. 〈◊〉 . . dorsi . rex , &c. r. &c. can●uar . archiepisc. &c. quia super quibu●dam arduis negotiis nos & vos totumque regnum nostrum specialiter tangentibus quae sine vobis et caeteris praelatis ac proceribus dicti regni nostri nolumus expediri , vobiscum et cum eisdem praelatis ac procetibus habere volumus colloquium et tractatum . vobis mandamus , &c. quod in octabis nativ . sancti iohannis bapti●tae prox . futur . ad ultimum apud westm. modis omnibus personaliter intersit is nobiscum , et cum caeteris praelatis ac proceribus supradictis , super dict●s nego●iis tractaturi , &c. t. rege apud thurrock grey . die iunii . rex , &c. r. archiepise , cantuar. &c. licet vos non lateat , quod in parliamento nostro , habito london hiis diebus extitit ordinatum , ut ad providendum consulcius & salubrius ordinandum super negotiis de quibus tract atum fuit in eodem parliamento et aliis , super quibus pro commodo et securitate r●gni ●ostrs et ●●colarum ejusdem tractandum , vide●itur parliamentum iteratum in prox . festo sancti mïchaelis london habeatur ; ex habundanti tamen vobis in fide et dilectione quibus nobis tenemini firmiter injungendo mandamus , quod e●dem futuro parliamento aliis quibuscunque negotiis praetermissis personaliter intersitis . t. rege apud westm. die julii . consimiles literae dirigun●ur subscriptis , viz. i. karliol . episcopo , &c. ( with 〈◊〉 more names of bishops 〈◊〉 abbots , 〈…〉 temporal lords ) is written under both these writs . the . writ of summons is thus framed : claus. an. e. . m. . dorso . rex , &c. w. eadem gratia episcopo wigorniae salutem . licet hactenus vobis mandavimus quod esse●is ad no● apud westm. ad parliamentum nostrum quod in octabis nativitatis beatae mariae virginis prox . futur . tenere volumus deo dante . vobis nihilominus iterato mandamus in fide , &c. quod die dictarum octab. vel in crastino earundem ad vltimum aliis omnibus praetermissis intersitis . et hoc nullatenus omittatis . t. rege apud rothing die augusti . per breve de privato sigillo . consimiles literae dirigun●ur subscriptis , mutatis mutandis . w : coventr . & lichf . episcopo , abbati w● stm : abbati de waverle : and to . earls , and . more there named . the . writ , varying in its recital from all the former in regard of the death of e. . and the new government , espousals , and coronation of king edw. . is this . e edwardus deigratia rex angliae , dominus hiberniae , & dux aquitaniae , ven. in christo patri w. eadem gratia eborum archiepiscopo angliae primati , salutem . quia super quibusdam negotiis nos in ista recenti susceptione regiminis regni nostri , tam videlicet super humatione corporis celebris memoriae domini edwardi quondam regis angliae genitoris nostri , cujus animae propitietur d●us , quam super solempnitate nostrorum sponsalium , et coronationis nostrae auctore deo celebr and. aliisque arduis negotiis statum ejusdem regni contingentibus , vobiscum et cum cae●eris praelatis & magnatibus de eodem regno habere volumus colloquium speciale et tractatum . vobis mandamus , &c. quod in quindena sancti michaelis prox . futur . &c. apud northampton personaliter intersitis nobiscum & cum aliis● praelatis & magnatibus , &c. praemunientes decanum et archidiaconos , &c. ( as in former writs ) ad faciend . & consentiend , &c. t. meipso aqud comenok , die augusti , anno regni nostri primo . eodem modo scribitur to bishops there named 〈…〉 abbots with other ecclesiastical barons . the . writ is this : claus. anno e. . m. . dorso . rex venerabili in christo patri w. archiepiscopo eborum angliae primati , salutem : quia super diversis et arduis negotiis no● et statum regni nostri tangentibus , &c cum caeteris praelatis , proceribus , et aliis fidelibus nostris de eodem regno colloquium et tractatum habere , et parliamentum tenere proponimus domino concedente . vobis mandamus , &c. quod prima dominica quadrag simae prox . futur . apud westm. &c. intersitis , nobiscum ibidem et cum caeteris praelatis et magnatibus , &c. ( as before ) t. rege apud douorr . die januar. eodem modo mandatum est subscriptis , viz. a. patriarch . jerusalem , et episcopo dunelm : and 〈◊〉 bishops more : the rest 〈…〉 abbots 〈…〉 in the roll. the . writ is in claus. anno e. . m. ● . ● . dorso . rex ven . &c. w. eadem gratia archiepisc. eborum , &c. quia super diversis negotiis nos et statum regni nostri tangentibus parliamentum nostrum apud westm. die dominica in quindena paschae , prox . futur . tenere proponimus d●o concedente . vobis mandamus , &c. ibidem nobiscum et cum praelatis & caeteris magnatibus et proceribus de regno praedicto , &c. t. rege apud west . die martii . eodem modo mandatum est , to●● bishops , with 〈…〉 abbots , 〈◊〉 named particularly in this roll. the . writ , is in claus. anno e. . m. . cedula . rex , ven . &c. r. eadem gratia cantuar. archiepiscopo &c. quia diversa negotia nos et statum regni nostri tangentia super quibus vobiscum et cum cae●eris praelatis et magnatibus ejusdem regni in parliamento nostro quod nuper post coronationem nostram summoneri fecimus , tractare incepimus , propter aliquod impedimentum interveniens quod , benedicto altissimo , modo cessat , adhuc remanent pertractanda ; per quod parliamentum nostrvm apud westm. à die sancti michaelis prox . futur . in tres septimanas tenere disposuimus domino concedente . vobis mandamus , &c. ( without a praemunientes , &c. ) et hoc sicut nos et honorem nostrum atque vestrum , commodumque dicti regni diligitis nullatenus omittatis . t. rege apud langele die augusti . eodem modo mandatum est subscriptis , viz. w. archiepiscopo eborum , angliae primati , a. patriarch . ierusalem , et episcopo dunelm . &c. without more names of bishops or abbots in the roll. the . writ is thus entred , claus. anno e. . m. . cedula . rex , &c. a. eadem gratia archiepisc. cantuar. &c. quia super quibusdam arduis negotiis nos et statum , &c. vobiscum et cum aliis praelatis , proceribus , et magnatibus ejusdem regni habere volumus tractatum . vobis mandamus , &c. quod suis ad nos apud westm. secunda dominica quadragesimae , &c. nobiscum et cum caeteris &c. super praemissis colloquium habituri , &c. t. rege apud langeleye s die ianuarii . eodem modo mandatum est subscriptis , viz. w. archiep. eborum . angliae primati , a. patriarchae ierus . et episcopo dunelm . r. electo dublin . episcopo , &c. without more names of bishops or abbots . the . writ is registred , claus. e. . m. . dors . directed to the archbishop of canterbury , in the same form as the last , with an addition only of praemunientes priorem , &c. ( not in the former ) a die paschae prox . futur . in unum mensem apud westm. &c. t. rege apud westm. . die martii . eodem modo scribitur subscriptis mutatis mutandis quoad decanos et capitula , et priores et capitula , viz. w. arch. ebor. a. patriarch . jerus . et ep. dunelm . j. karlio● , &c. without more names . the . is claus. . ● . . m. ● , dorso . rex , &c. r. &c. cantuar. archiep●sc . &c. quia treuga sive sufferentia quam ad requi sitionem magnifici principis domini philippi regis francorum illustris patris nostri carissimi , scot is inimicis , et ●●bellibus nostris usque ad certum tempus concessimus duratur . per ipsos scotos qui nunc pejora quam ante captionem suffer 〈◊〉 praedictae commiserant , committere non verentes , contra nos ●t fideles nostros in illis par●bus existentes , f●audulenter & hostiliter insurgunt , castra , villas , terras , et ten●menta tam nostra quam fidelium nostro●um ibidem nequi●er occupando● necnon depraedationes , incendia et homicidia multiplicilen perpetr a●do , ●ullaetenus observatur , quod vos et alios de reg●o nostro cred mus non latere ; nos dictorum scotorum proterviam et nequitiam hujusmodi cum dei ●uxilio dep●imere cupientes , et super hoc vobiscum et cum caeteris praelatis et proceribus regni nostri volentes habere colloquium et tractatum . vobis mandamus , quod die dominica prox . post festum sa●cti jacobi apostoli prox . futur . sitis ad nos apud staunford , nobiscum , &c. et hoc sicut nos et honorem nostrum et vestrum ac comodum regni 〈◊〉 de●igitis nullatenus omitta●is . t. rege apud westm. die junii . the . writ is enrolled in claus. anno e. . m. . dorso . rex , &c. w. &c. archiepiscopo eborum . &c. quant●● au ●aciae quantaeque temeritatis sun● hiis diebus opera roberti de brus , inimici et rebellis , et proditoris nostri , suorumque complicum et fautorum , nobis et dicto regno nostro dampnosa , quotiens hujusmodi inimici nostri perturbaverint idem regnum , quot e●iam malorum et machinationum genera treugis ipsis ad requisi●ionem magni●ici principis domini francorum●illustr ●illustr . ka●issimi patris nostri concessis pendentibus , proditionibus soli●o sicut aslueta non relinquere volentes erga no● , praefatumque regnum minime perpetrare verebantur , castra , villas , ●erras et tenementa tam nostra quam fidelium nostrorum ausu ●emerario invadendo et aliqua obsidendo , et ( proh dolor ! ) pejora acc●mulantes prioribus , quibusdam fidelibus nostris nequiter interfectis , depraedationes , rapinas , et alia enormia multipliciter commiserunt , vos et alios de dicto regno nostro credimus non latere . volentes igitur super hiis , ac aliis arduis negotiis nos et statum regni nostr● tangentibus vobiscum , et cum caeteri● praelatis , proceribus , et magnatibus ejusdem regni habere colloquium et tractaium . vobis mandamus , &c. sitis personaliter ad nos apud eborum , die dominica prox . post festum purificationis beatae mariae prox . futur . nobiscum et cum caeteris praelatis , proceribus et magn●tious , &c. ( without any praemunientes , &c. ) t. rege apud eborum . die octobris . in the eodem modo mandatum est , &c. . bishops only are named with an &c. the . writ i find in claus. anno e. . m. . dorso . rex , &c. r. &c. archiep. cantuar. &c. quia propter plura et ardua negotia nos et statum regni●●ostri tangentia die dominica prox . ante festum sancti lauren●ii prox . futur . ordinavimus , deo propiti● lon●●n , parliamentum tenere , et vobiscum et cum 〈◊〉 praelatis et proceribus , &c. habere colloquium et tractatum . vobis mandamus , &c. praemunientes priorem et capitulum ecclesiae vestrae , &c. t. rege apud berewic . super twe●am , die junii . per breve de privato sigillo . eodem modo scribitur subscriptis mutatis mutandis quoad decanos et capitula , et priores et capitula , viz. arch. eborum , angliae primati , i. karliol . episcopo , &c. without more names . the . writ is registred in claus. e. . m. . dorso . rex , &c. r. archiep. cantur . &c. quia i● ultimo parliamento nostro apud westm. habito propter solempnitatem festi nativitatis dom●ni supervenientis diversa et ardua negotia nos et statum regni nostri , aliarumque terrarum nostrarum multiplicite●●●●gen●ia , non potuimus , sicut spor abamus expedire : 〈◊〉 aliud parliamentvm apud westm. 〈◊〉 dominica quadragesimae prox . futur 〈◊〉 , 〈◊〉 vobiseum et cum caete●is praelatis ac proc●ribus dicti regni super pr●●●ssis 〈◊〉 domino finaliter portract andis haber● proponi●us colloquium et tractatum . vobis ● 〈◊〉 , &c. nobiscum et cum caeteris praelatis , ac cum proceribus praedictis , aliisque fidelibus nostris , super memor●tis nego●●● tractat●●● &c. praemunien●es prio●●m et capi● . &c. t. rege apud westm. die decembri● consimiles literae diriguntur vi●ari● generali aro●iopiscopi eborum , ipso archiepiscopo in●●motis age●te , &c. without more names of bishops or abbots . the . writ is entred claus. an. . e. . m. . . dors . rex , &c. r. &c. archiepisco to cantuar. &c. quia propter pl●ra et ardu● nego●ia , no● &c. die do●inica prox . post festum beatae mariae magdalenae prox . futur . ordinavimus deo propitio apud lincol● . pa●li●mentum ●enere , et vobiscum , cum caeteris praelatis ●t proceribus de dicto regno , &c. praemu●ientes priorem & capit. t. rege apud eborum . eodem modo scribi●ur ▪ subscriptis mutat . mu●andis quoad decanos et capit. &c. viz. arch. eborum angliae primati . carliol epise . without more names . the . writ is recorded , claus. an. . e. . m. . dorso . rex , &c. r. &c. archiepiscopo cantuar. q●ia tertia dominica quadragessimae prox . futur , ordinavimus deo propitio apud westm. parliamentum te●ere et ●obiscum , ac cum caeteris prael●tis et pro●eribus regni nostri , &c. praemunientes , &c. t. rege apud windesor die ianuarii . eodem modo s●ribitur , &c. arch. eborum . angl. primati , r. london , episcopo , &c. without more names . the . is this memorable special writ of summons to a special extraordinary council held at london . claus. an. . e. . m. . dorso . rex vener . in christo patri r. ead●m gratia lond. episcopo , s●lutem . datum est nobis intelligi quod scoti , inimici et rebelles nostri terram nostram scotiae occupantes , c●stra , villas , et alia loca usurparunt et devastarunt , et his similibus non contenti regnum nostrum angliae in diversis partibus sunt ingressi , homicidia , depiaedationes , incendia , et alia dam●na innumera perpetrantes , ecclessiae sacrae aut locis aliis deo dedicatis non parcentes in hac parte ; ●et quia praemissa non solum in nostri dampnum ▪ verum etiam in destructionem ecclesiae , et locorum praedictorum et animarum grave periculum , ( ad quorum salvationem vos una nobiscum oportunas vires decet extendere ) dinoscuntur gravius redundare , per quod injunximus venerabilibus patribus w. wygorn . episcopo , custodi magni sigilli nostri , et i. bathon . & wellen. episcopo , et dilecto et fideli nepo●i nostro gilberto de clare comiti glouc. et hereford . quaedam vobis et quibusdam aliis praelatis de dicto regno nostro super praemissis ; sitis in propria persona vestra , vel per sufficientem procuratorem à vobis plenam potestatem habentem london . die jovis prox . post festum sanctae trinitatis prox . futur . ad tractandum una cum praefat is episcopis , et comite , et aliis quae ibidem ex hac causa sunt vocati super negotiis antedictis , et ad consentiendum hiis quae tune in eisdem contigerit ordinari . et hoc sicut dei et ecclesiae suae , ac nostri ac vestri honorem diligitis , et dampna hujusmodi in dicto regno desideraveritis , evitari . t. rege apud do●or . die maii. eodem modo mandatum est subscriptis , viz. episcopo winton , episc. excestr . episc. norwyc. episc. eliens . ep. sarum : custodi spiritualitatis arch. cant. quod sint personiliter : episc. roff. episc. lincoln . per se , vel per procurat . episc. meneven . personaliter . the . writ is registred claus. an. e. . m. . dorso . rex , &c. w. &c. archiepisc. eborum , &c. licet ad requisi●ionem sanctissimi in christo patris domini clementis divina providentia summi pontificis , n●cnon domini regis franciae nostri kar●ssimi patris , jam sumus ad partes transmarinas profecturi , pro arduis negotiis statum ducatus nostri praedicti diver simode contingentibus , quae sine nostra praesentia , ut per quosdam magnates et amicos nostros , et ministros nostros partium illarum intelleximus feliciter expedire non poterint reformandis . quia tamen à partibus illis in brevi deo propitio in angliam redire proponimus , et parliamentum nostrum in quindena nativitatis s. johannis baptistae prox . futur . apud westm. tenere , et vobiscum , et cum caeteris praelatis et proceribus regni nostri , super diversis negotiis nos et statum dicti regni nostri , ac expeditionem guerrae nostrae scotiae specialiter tangentibus habere colloquium et tractatum . vobis mandamus , &c. praemunientes , &c. t. rege apud douorr . . die maii. eodem modo scribitur , viz. custodi archiepiscopatus can●uar . sede vacante , r. london . i. lincoln . &c. without more names . the . writ in claus. anno . e. . m. . dorso , runs thus . rex , &c. w. eadem gratia archiepisc. eborum , &c. cum diversa et ardua negotia nos , et statum regni nostri tangentia , super quibus in parliamento quod apud westm. in quindena nativitatis st. johannis baptistae prox : praeterita fecimus summoneri , proposueramus vobiscum et cum caeteris praelatis , magnatibus et proceribus regni nostri habuisse colloquium et tractatum , ob aliquas certas rationes ad●huc remaneant indiscussa ; per quod ordinavimus parliamentum nostrum apud westm. die dominica prox : post festum s. mathaei apostoli prox . futur . tenere ; et vobiscum et cum caeteris praelatis , &c. vobis mandamus , &c. praemunientes &c. t. rege apud westm. . die iulii . eodem modo mandatum est subscriptis , custod . archiepiscopatus cantuar. sede vacante , custodi episcopatus london . sede vacante , j. episcopo lincoln . s. episc. sarum , &c. without more names par●icularized . the . writ is this of claus. anno e. . m. . dorso . rex , &c. w. &c. archiepiscopo eborum , &c. quia super diversis negotiis nos , &c. tangentibus , parliamentum nostrum apud westm. die dominica in quindena pasch. prox . futur . ten●re proponimus domino conc●dente . vobis mandamus , &c. praemunientes , &c. t. rege apud westm. . die decembris . eodem modo mandatum subscriptis , viz. custod . spiritualitatis archiepiscopatus cantuar. sede vacante , mutatis mutandis , london . episcopo , i. lincoln . episcopo , &c. the . sort of writs , you may find in claus. anno e. . m. . dorso . rex , &c. w. eadem gratia archi●pisc . cantuar. &c. quia super diversis et arduis negotiis nos et statum regni nostri , et maxime terrae nostrae scotiae specialiter tangentibus , parliamentum nostrum apud eborum die lunae in crastino nativitatis beatae mariae virginis prox . futur ▪ tenere , et vobisc●m , ac cum caeteris praelatis , magnatibus et proceribus dicti regni habere proponimus colloquium et tractatum . vobis mandamus , &c. praemunientes , &c. t. rege apud eborum . die julii . per breve de privato sigillo . eodem modo mandatum est subscriptis , mutatis mutandis , viz. w. arch. eborum , angliae primati , j. lincoln . episcopo , &c. the same writ verbatim , issued this year to the s●me archbishop ; claus. e. . m. . dorso . rex , &c. prescribing parliamentum nostrum apud westm : in octabi● s. hillarii prox . futur . tenere , et vobiscum , &c. habere proponimus colloquium et tractatum , &c. t. rege apud spalding die octobris : there being . bishops only named in the eodem modo mandatum est . the . writ i meet with in claus. ann. . e. . m. . dorso . rex , &c. the same in terminis with the two last ▪ but in the place and time of the parliament , viz. parliamentum nostrum apud lincoln , in quindona sancti hillarii prox . futur . tenere , et vobiscum , &c. praemunientes , &c. t. meipso apud empington , die octobris . the archbishop of york , and bishop of lincol with an , &c. are only mentioned in the eodem modo mandatum est . the . writ of summons runs in the ordinary form . cla●s . anno e. . m. . in cedula pendente . rex &c. w. &c. ●ant . arch. &c. quia , &c. parliamentum nostrum apud eborum à die sancti michaelis prox . futur ▪ in tres septimanas tenere , et vobiscum , &c. t. rege apud notingham . augusti : per regem et consilium . there are but . bishops specified with an &c. in the eodem modo . the . is claus. an. e. . m. . dorso , to w. archbishop of york , the same verbatim with the last , but in parliamentum nostrum apud ebo●um à die paschae in unum mensem tenere : t. rege apud eborum die martii , per ipsum regem . five bishops with an &c. are mentioned in the eodem modo . the . in claus. e. . m. . dorso . agrees with these later writs : but in statum regni nostri , et ducatus nostri praedicti specialiter tangentibus , parliamentum nostrum apud eborum in octabis hillarii prox . futur . tenere , &c. t. rege apud eborum , die novembr . per ipsum regem et consilium . in the eodem modo . bishops are mentioned with an , &c. the . is claus. . e. . m. . dorso . rex , &c. w. archiepisc. cantuar. &c. parliamentum nostrum apud westm. die lunae in octabis s. mich. prox . futur . teneri , &c. without praemunientes , &c. t. rege apud westm. . die augusti . per ipsum regem . in the eodem modo , bishops are nominated with , &c. the . writ i meet with is in claus. e. . m. . dorso . rex , w. &c. archiepisc. cant. &c. parliamentum nostrum apud westm. a die nativitatis s. iohannis baptistae , prox . futur . in tres septimanas tenere , &c. with a praemunientes , &c. t. rege apud westm. die maii. per ipsum regem . in the eodem modo . bishops with an &c. are specified . the . writ in claus. e. . m. . dorso , w. archiep . cantuar. agrees verbatim with the last before ; but in parliamentum nostrum apud ebotum , a die paschae prox . futur , in tres septimanas tenere , &c. t. meipso apud d●rby , . die martii . per ipsum regem . there are only . bishops with &c. in the eodem modo . the . writ in claus. e. . m. . dorso , hath this recital . rex , &c. w. & ● . archiep. eborum , &c. cum jam regressi sumus de partibus scotiae , et in partibus novi castri super tynam , ad refraenand . scotorum inimicorum et rebellium nostrorum obstinatia et malitia , si forsan partes regni nostri hostiliter ingredi attentaverint isto tempore , hic malui cum manis potenti moram facere , et in instanti seisona aestivali ad easdem paries scotiae ad ipsorum inimicorum nostrorum proterviam cum dei adjutorio finaliter conterend . proficisci proponimus ; et super hiis et aliis arduis negot●is nos et statum regni nostri et dictam terram scotiae tangentibus , vobiscum ac cum caeteris praelatis , magnatibus et proceribus dicti regni nostri apud rippon , die dominica prox . post festum s. martini prox . futur . ordinavimus habere colloquium et tractatum . vobis mandamus , without any praemunien●es , &c. t. rege apud nov●m castrum super tynam , ● . die septembris . per ipsum regem . eodem modo scribitur w. arch. cantuar. totius angliae primati : and . more there named with &c. the . wri , is this in claus. . e. . m. . dorso . rex , &c. w. &c. archiepisc. eborum , &c. quia ad partes ducatus nistri aquitaniae , de quo rex franciae malitiose nos exhaeredi●are proponit , in succursum ejusdem duca●us nostri passag●ū nostrum ordinavimus , domino disponente , vobiscum ac cum caeteris praelatis , magnatibus & proceribus regni nostri super passagio nostro praedicto et aliis arduis negotiis , nos , et statum regni nostri , et ducatus praedicti tangentibus habere volumus colloquium et tractatum . vobis mandamus , &c. sitis ad nos apud winton : secunda dominica quadragesimae prox . futur . nobiscum , &c. teste rege apud notingham . die decembris . per ipsum regem . in the eodem modo , . bishops only are particularized with an &c. to the last of them . the . writ is in the ordinary form claus. e. . m. . dorso . rex , &c. w. &c. archiep. cantuar. &c. quia , &c. parliamentum nostrum apud westm. crastino nativitatis s. iohannis baptistae prox . futur . tenere , &c. teste rege apud winton . die maii. per ipsum regem . the eodem modo , &c. mentions the archbishop of york , and . other bishops , with &c. to the last . the . writ is entred , claus. anno e. . m. . dorso . rex , &c. w. archiepiscopo cantuar. &c. apud westm. in octabis sti. martini prox . futur . parliamentum nostrum tenere , ac vobiscum et cum caeteris praelatis , &c. vobis mandamus , &c. praemunientes , &c. t. rege apud vvestm . die octobris . per ipsum regem . eodem modo mandatum est , &c. vv. arch. eborum , angliae primati , and more bishops with an &c. instead of the others names . the . writ is recorded in claus. anno e. . parte . m. . dorso , being very memorable . rex , &c. w. &c. archiepisc. cantuar. &c. qualiter scoti nostri et regni nostri inimici pacis tractatum cum nostris solempnibus nunciis , quos nuper ea de causa ad partes marchiae sc●tiae destinavimus mire contemptibiliter recusarunt , et ruptis proditionaliter treugarum vinculis tempore dom. edw. nuper regis angliae patris nostri inter populos angliae & scotiae initis et juramento firmatis , congregato magno exercitu regnum nostrum hostiliter plures sunt ingressi , homicidia , depraedationes , incendia , et alia mala injuria perpe●●ndo , qualiter et ad refraenand . ipsorum audaciam ad partes marchiae scotiae praedictae , congregato magno exerci●u declinavimus , ut ipsos inimicos potenter et viriliter prosequamur , vobis incognitum non existir . et quia dicti inimici dum per nos et exercitum nostrum in parco de stanhope , quatenus fieri poterint circumdati fuissent , noctanter et latenter ut devicti de parco praedicto evaserunt , et ad partes suas sunt regressi , nonnullis eorum per quosdam de exercitu nostro insecutis et interfectis , et ut nobis relatum est , iterato se congtegare , et regnum nostrum ingredi proponunt ad mala quae poterunt perpetranda , propter quod tam super defensione et custodia regni nostri contra aggressus dictorum inimicorum , quam super aliis arduis negotiis nos et statum regni nostri tangentibus , vobiscum , et cum caeteris praelatis , magnatibus , et proceribus regni nostri apud lincoln . in crassino exaltationis sanctae crucis prox . futur . colloquium ordinavimus habere et tractatum . vobis mandamus in fide et dilectione quibus nobis tenemini , &c. quod omnibus aliis praetermissis dictis die et loco personaliter intersitis ibidem , nobiscum si interesse possumus , seu interveniente impedimento depurandis a nobis , super defensione et custodia ac aliis negotiis supradictis tractaturi , vestrumque consilium impensuri . et praemuniatis priorem et capitulum ecclesiae vestrae cantuar. archidiac . totumque clerum vestrae dioc : quod iidem prior et archidiac . in propriis personis suis , dictumque capitulum per unum , idemque clerus per duos procuratores idoneos plenam et sufficientem potestatem ab ipsis capitulo et clero habentes dictis die ac loco inte●sint ad faciend . et consentiend . hiis quae tunc ibidem de communi consilio divina savente clementia ordinari contigerit super negotiis antedicts ; et hoc nullatenus omittatis . t. rege apud stanhope , . die augusti , anno regni nostri primo . per ipsum regem . eodem modo mandatum est arch : eborum angliae prima●i , et episcopis subscriptis , viz. h. lincoln episcopo , i. karliol episcopo , l. dunolm . episcopo , l. london episcopo , &c. the . writ , in claus. anno ed. . parte . m. . dorso , runs thus . rex , &c. archiepis . cantuar. &c. cum super reformatione pacis inter nos et nostros subditos , ex una parte , et robertum de brus ac magnates et alios de scotia ex parte altera , certis nunciis ex utraque parte missis , nuper apud novum castrum super tynam habitus fuisset tractatus , certi articuli sunt expositi reformationem praedictam contingentes ; super quibus et aliis coronam nostram tangentibus parliamentum nostrum apud eborum . die dominica prox . post festum purificationis beatae mariae virginis prox . futur . tenere , ac vobiscum et cum caeteris praelatis , magnatibus , et proceribus regni nostri colloquium et deliberationem habere volumus et tractatum . vobis mandamus , &c. praemunientes , &c. ( as before . ) t. rege apud coventr . die decembris . per ipsum regem . eodem modo mandatum est subscriptis mutatis mutandis , viz. custod . spiritualitatis archiepiscopatus cantuar . sede vacante , &c. the . writ ( very observable ) i meet with in claus. anno e. . m. . dorso . rex , &c. w. &c. archiepisc. eborum , &c. cum in parliamento nostro nuper apud eborum convocato magna & ardua negotia nos et itatum regni nostri tangentia proposita fuissent , quae propter absentiam quorundam praelatorum et aliorum magnatum et procerum regni nostri , tunc non poterunt terminari : super quibus et aliis diversis negotiis de assensu omnium praelatorum magnatum et procerum in eodem parliamento nostro tunc existentium apud northamton à die paschae prox futur . intres septimanas parliamentum tenere , et vobiscum ac omnibvs aliis praelatis , magnatibus et proceribus dicti regni colloquium habere ordinavimus et tractatum . vobis mandamus , &c. vestrumque consilium impensuri . scientes pro certo quod aliquem procuratorem pro vobis , seu pro aliquo praelato vel magnate ad praesens propter arduitatem negotiorum praedictorum , admittere non intendimus quoquo modo ; et praemuniatis decanum et capit. &c. ( as in former writs ) et quia ante haec tempora negotia in hujusmodi parliamentis tractanda impedita fuerunt ex eo quod * nonnulli magnates cum multitudine tumultuosa hominum armatorum ad parliamenta illa accesserunt , et populus partium ubi parliamenta illa tenta fuerunt damp nificatus existit et gravatus ; volumus et firmiter praecipimus , quod omnes et singuli de regno nostro cujuscunque status seu conditionis fuerint qui ad dictum parliamentum venire voluerint , modo debito et absque aliqua multitudine , sub forisfactura omnium quae nobis forisfacere poterint , accedant . ita quod per ipsorum adventum indebitum negotia nostra non retardentur , seu patria in hac parte oneretur indebitè quovis modo . t. rege apud eborum quinto die martii . eodem modo mandatum est subscriptis mutatis mutandis , viz. custod . spiritualitatis archiepiscopatus cantuar . sede vacante . th. episcopo hereford . i. episcopo exon. &c. the . writ is this in claus. anno e. . m. . dorso . rex , &c. w. &c. archiepiscopo eborum , &c. cum post parliamentum nostrum apud northampton nuper tentum , quaedam magna et ardua negotia nos et statum regni nostri ac jura nostra intime contingentia emerserint , super quibus vobiscum , ac cum caeteris praelatis , magnatibus et proceribus dicti regni nostri &c. apud eborum die dominica proxima post festum sancti iacobi apostoli prox . futur . consilium et deliberationem habere ordinavimus et tractatum . vobis mandamus , &c. praemunientes , &c. t. rege apud wigorn. die iunii . per ipsum regem eodem modo mandatum est , &c. custod . spirit . archiepiscopatus cant. sede vacante . thomae episcopo hereford , &c. the is this writ recorded in claus. an. . e. . m. dorso . rex , &c. w. &c. archiepiscopo eborum ; cum nuper post parliamentum nostrum quod apud northampton ultro tenuimus , quaedam ardua et magna negotia emersissent , quae statum nostrum , et statum regni nostri intime contingere dinoscuntur , super quibus apud eborum postmodum tractatum habuimus , sed propter absentiam quorundam praelatorum , magnatum et procerum non potuerunt tunc dicta negotia non sine gravi nostri dispendio discuti et terminari ; propter quod or dinavimus parliamentum nostrum apud novam sarum die dominica proxima post quindenam sancti michaelis prox . futur . tenere , et vobiscum et cum caeteris praelatibus , magnatibus et proceribus super dictis negotiis et aliis quae noviter emerserurt colloquium habere et tractatum . vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes quod omni excusatione postposita sitis personaliter apud novam sarum dicto die nobiscum & cum caeteris praelacis , magnatibus et proceribus praedict . super dictis negotiis tractaturi , vestrumque consilium impensuri : et hoc sicut nos et honor● nostrum , & tranquillitatem regni nostri diligitis nullatenus omittatis ; ne quod absit ob vestri absentram contingat dicta negotia ulterius protelari ; unde nobis et toto regno nostro irreparabile dispendium possit de facile generari . scientes pro certo quod aliquem procuratorem pro vobis , seu pro aliquo praelato vel magnate ad praesens , propter arduitatem negotiorum praedictorum excepta causa necessaria , admitti non intendimus quoquo modo . et praemuniatis decanum et capitulum , &c. t. r. apud clipston , die augusti . per ipsum regem . eodem modo mandatum est s. arch. cantuar. &c. sub data die septembris rege apud risinge existente . thoma episcopo hereford ; i. episcopo exon. &c. the . writ is extant in claus. an. e. . m. dorso . rex , &c. s. &c. archiepiscopo cantuar. cum super maximis & arduis negotiis nos , et statum regni nostri , ac tranquillitatem et quietem populi ejusdem regni intime contingentibus vobiscum , & cum caeteris , &c. die dominica in crastino sanctae mariae magdalenae prox futur . apud windesor colloquium habere ordinavimus et tractatum . vobis mandamus , &c. ( without praemunientes , &c. ) t. rege apud cantuar. die iunii . per ipsum regem . eodem modo subscriptum est mutatis mutandis , viz. w. eborum archiep. angl. primati , thomae epis● . heref. &c. the is in claus. anno . e. . m. , dorso . rex , &c. r. &c. archiepisc. cantuar. &c. quta p●o magnis et arduis negotiis nos , &c. multipliciter contingentibus parliamentum nostrum apud winton . die dominica prox . ante festum sancti gregorii papae . prox . futur . tenere , &c. vobis mandamus , &c. praemunientes priorem et capitulum , &c. et hoc sicut nos , et honorem nostrum , et vestrum , ac salvationem regni nostri diligitis nullatenus omittatis . t. rege apud eltham . die januar . eodem modo , &c. as last before this . the writ is in claus. e. . m. dorso . rex , &c. s. &c. arch. cantnar . &c. quia super magnis et urgentibus negotiis noviter emersis , nos et regnum nostrum intime contingentibus vobiscum , &c. die lunae prox . post festum t●anslationis sancti thomae martyris prox . futur . apud abbathiam de oseney colloquium habere ordinavimus et tractatum . vobis mandamus , &c. without praemunientes , &c. et hoc sicut nos & konorem nostrum et v●strum diligitis , &c. t. rege apud . wodstoke die iunii . per ipsum regem . eodem modo , &c. bishops only named ; the last a. episcopo wigorn , &c. the is the writ of claus. e. . m. . dorso . rex , &c. s. &c. cantuar. archiepiscopo . cum propter quaedam ardua negotia , nos , et statum regni nostri , et aliarum terrarum ●ostrarum intime contingentia quae noviter emerserunt vobiscum , &c. die lunae prox . ante festum sancti lucae evangelistae prox . futur . apud nottingham ordinavimus habere colloquium et tractatum . vobis , &c. without praemunientes , &c. et hoc sicnt nos et honorem nostrum ac vestrum , et utilitatem et quietem ejusdem regni ac terrarum praedictarum diligitis nullatenus omittatis : scituri quod si quod absit , prop●er absentiam vestram dicta negotia contigerit retardari , ad vos prout convenit , graviter capiemus . t. rege . apud nottingham die septemb. per ipsum regem . the eodem modo is to bishops , the same with the last . the is this memorable writ in claus. anno e. . m. dorso . rex &c. s. &c. archiepiscopo cantuar. &c. qualiter negotia nos et statum regni nostri contingentia postquam suscipimus gubernacula regni nostri huc●● que in nostri dampnum et dedec●s , ac depauperationem populi nostri deducta erant , vestram credimus prudentiam non latere : propter quod , non volentes hoc urgente conscientia ulterius sustinere , et desiderantes toto corde statum et regimen regni nostri , secundum juris et rationis exigentiam , ad honorem dei , et tranquillitatem et pacem sanctae ecclesiae , ac totius populi ejusdem regni reformari ; ordinavimus de consi●io et assensn praelatorum & magnatum nobis assistentium parliamentum nostrum apud westm. die lunae prox . post festum sanctae katerinae virginis prox . futur . et vobiscum , ac cum caeteris praelatis , magnatibus et proceribus dicti regni habere super praemissi cum deliberatione plenaria consilium et tractatum . vobis in fide et dilectione , &c. mandamus , quatenus omni excusatione voluntaria cessante dictis die et loco personaliter intersitis , nobiscum , &c. et hoc sicut nos et honorem nostrum et tranquillitatem regni nostri praedicti diligitis nullatenus omittatis . scientes quod diem sommonitionis dicti parliamenti ob intensum desiderium quod habemus ut negotia s●atum ipsius regni nostri contingentia feliciter disponantur , de assensu praelatorum et magnatum praedictorum abbreviavimus ista vice : et nolumus quod abbreviatio hujusmodi cedat alicui in praejudicium vel trahatur in consequentiam in futur . et praemuniari faciatis priorem et capitulum ecclesiae vestrae , &c. t. rege apud leicest . die octob. per ipsum regem et consilium . eodem modo mandatum est archiepiscopo et episcopis subscriptis , viz. named , the last , i. exon. episcopo , &c. the is the writ entred in claus. e. . m. . dorso . rex , &c. s. &c. archiepisc. cant. &c. quia propter quaedam magna et ardua negotia nos et ducatum nostrum aquitaniae , ac alias terras nostras in pattibus transmarinis , ( pro quibus ad easdem partes nuper solempnes nuncios nostros destinavimus ) contingentia , quae in ultimo parliamento nostro ob aliquas certas causas terminari non potuerunt , parliamentum nostrum apud westm. die lunae in crastino quindenae pa●chae prox . ●utur . tenere , et vobiscum , &c. ( in the ordinary form without praemunientes , &c. ) et hoc sicut honorem nostrum , et tranquillitatem et quietem dicti regni diligitis , &c. t. rege apud wyndesore . die feb. per ipsum regem . the . notable writ is in claus. an. e. . m. . dorso . rex , &c. s. archiepis● . cantuar. &c. cum pro magnis et arduis negotiis nos et statum ac regimen regni nostri specialiter contingentibus , de consilio praelaiorum et magnatum nobis assistentium ordinavimus parliamentum nostrum apud westm. in crastino sancti michaelis prox . futur . tenere , et vobiscum ac cum caeteris , &c. with praemunientes priorem , &c. et quia ante haec tempora communia regni nostrinegotia propter aliqnorum praelatorum et magnatum absentiam , qui ad convocationes at parliamenta hujusmodi non ad di●s statutos , set diu postmodum venerunt , frequenter retardata fuerunt , ad commune dampnum populi regni nostri . volumus , et vobis injungimus et mandamus , quod dicto crastino omni modo sitis ad nos ad locum praedictum ; et praemuniatis praefatos priorem , archidiaconos , parcatis populi nostri laboribus et expensis . t. rege apud lincoln . die iulii . per ipsum regem . eodem modo mandatum est , &c. w. archiepiscopo eborum : and to . bishops more , abbati s. augustini cantuar. and abbots , and . priors more , with this addition in the writs to the abbots , priors and nobles : quia intentionis nostrae , &c. ut supra . the . is the writ in claus. e. . parte . m. . dorso . rex , &c. s. &c. archiepisc. cantuar. quia super diversis et arduis negotiis nos ac statum regni nostri et aliarum terrarum nostrorum quae post ultimum parliamentum nostrum evenerunt intime contingentibus et aliis , ordinavimus vobiscum , &c. octabis s. m●chaelis prox . futur . apud westm. habere colloquium et tractatum . vobis , &c. without praemunientes , &c. et hoc sicut nos et honorem nostrum , et tranquilitatem dicti regni ac terraram nostrarum praedictarum diligitis , &c. t. rege apud gildeford . . die novembr . per i●sum regem . consimili● brevia diriguntur . w. archiepisc. eborum , &c. and to . more bishops , priori s. iohan. ierus . in anglia , ab●ati wes●m : and abbots more . the . is the writ in claus. anno e. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. cum magnificus princeps philippus rex franciae , consanguineus noster , et complu●es alii reges et principes catholici , zelo devotionis accensi , ad recuperandam haereditatem dominicam de manibus inimicorum crucis christi , ad terram sanctam jam ordinaverint iter suum , et nos instanter requifierin● , ut una cum ipsis ad dictas partes excausa prae icta ve●imus prosicisci : nos iter praedictum assumentes multum cordi , ordinavimus parliamentum nostrum apud westm. die lunae prox . post festum s. gregori● papae prox : futur . tenere , et vobiscum ac cum caereris praelatis , magnatibus et proceribus regni nostri super dicto itinere , et aliisn gotiis nos , et statum dicti regni nostri , et aliarum terrarum nostrarum specialiter tangentibus habere coll●quium et tractatum . vobis igitur , &c. et hoc sicut nos et honorem nostrum ac tranquillitatem et quietam regni nostri di●igitis nullatenus omittatis . sciences pro certo , quod nisi evidens et manifesta necessitas id expos●at , non intendimus procuratores seu excusatores pro vobis admittere ea vice propter arduitatem negotiorum praedictorum . et praemuniatis , &c. t. rege apud westm. die ianuar. eodem modo mandatum est , &c. w. archiepis● . eborum : and . bishops : abbati s. augustin . &c. . abbots , and . priors more . after whose names is inserted in the roll. istis ab●atibus et prioribus subscriptis non solebat scri●i in al●●s parliamentis , viz. abbati de teukesbury , abbati de bardeneye , abbati de barlinges , abbati de bello , abbati de pershore , abbati de hayles , abbati de sancta ositha , abbati de langedon , abbati de tavestoke , abbati de stratford , abbati de burton super trentam , abbati de ford● , abbati de wardon . abbati de whalley , abbati de fontibus , abbati de fornays , abbati de ryevall , abbati sancti augustini bristoll , abbati de cestr. abbati de boghland , abbati de thame , abbati de lesnes , abbati de gerveux , magistro ordinis de sempyngham , priori de sempyngham , priori de bridelington , priori ecclesiae christi de twynham , priori de gisburn . yet i find most of these summoned to ●ormer parliaments , under h. . and ed. , . but afterwards omitted in most summons to parliaments , but some of them inserted into summons to councils . after this in the same roll there issued out a second writ ( the . in number ) to the archbishop of canterbury , agreeing verbatim with the ●ormer to impensuri , and then subjoyning this unusual clause of praemunition to the clergy the second time . et licet injunximus singulis episcopis praedictis , quod quilibet eorum praemuniri faciat priores et decanos et capitula ecclesiarum suarum cathedralium , necnon archidiaconos et clerum suarum dioc. quod ●idem priores , decani et archidiac . propriis personis suis , et quodlibet capitulorū dictorum per urum , clerumque cujus●ibet diocaes . per duos procuratores idoneos suss●cientem potest atem ab ipsis capitulo et clero habentes , dictis die et loco inter sint ; ad faciendum et consentiendum hiis quae tunc ibidem de communi consilio divina favente clementia et super premissis contigerit ordinari . nolentes tamen dicta negotia nostra pro defectu praemunitionum praedict arum si for san minus recte factae fuerint aliqualiter retardari ; v●bis mandamus rogantes ▪ quatenus praemunire faciatis priores , decanos et capitula ecclesiarum cathedralium , ac etiam arcaidiaconos et totum clerum vestrae provinciae , quod iidem priores d●cani et archidiaconi in propriis personis suis , et quodlibet capitulorum p●aedictorum per unum , clerumque cujuslibet diocaes . per duos p●ocuratores sufficientem potestatem ab ipsis capitulo et clero habentes , sint in dicto die apud dictum locum ad consentiendum hiis quae tunc ibidem de communi consilio regni nostri ordinari contigerit sicut praedictum est . et hoc nulla●enus omittatis . teste rege apud westm. die ianuarii . consimiles literae diriguntur w. arch. eborum . angliae primati , teste ut supra . the . writ is that of claus. an e. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. &c. quia super diversis et arduis negotiis nos et statum terrae nostrae hyberniae specialiter contingentib●s , ordinavimus parliamentum nostrum apud westm , in crastino nativitatis beatae mariae virginis prox . futur . tenere , &c. without praemunientes , &c. et hoc sicut nos et honorem nostrum , necnon tranquiliitatem regni et terrae nostrorum praedictorum diligitis , nullatenus omittatis . teste rege apud wodestock die iulii . per ipsum regem . eodem modo mandatum est archiep. eborum . and . bishops more ; abbati s. augustini cantuar. and abbots more , and priori s. iohannis ierusalem in anglia , priori de spalding , priori de lewes . the . writ is extant in claus. e. . m. . dorso . rex , &c. s. &c. archiepisc. cantuar. &c. cum post parliamentum nostrum quod apud westm. ultimo tenuimus , quaedam magna et ardua negotia versus partes boreales quae statum regni nostri et coronae nosirae regiae intime contingunt emerserunt , super quibus celere et festinum remedium cum deliberatione provida apponere nos oportet , propter quod de consisio praelatorum et magnatum nobis assistentium parliamentum nostrum apud eborum : die veneris prox . ante festum s. nicolai prox . futur . tenere , et vobiscum , &c. without praemunientes , &c. et hoe sicut nos et honorem nostrum ac salvationem coronae nostrae regiae , et tranquillitatem partium dicti regni nostri diligitis , nullatenus omittatis . scientes quod propter arduitatem negotiorum praedictorum , ceslame impedimento legi●imo praelentia vestra carere non pos●umus ista vice . teste rege apud eborum die octobris , per ipsum regem et consilium . eodem modo mandatum est archiepiscopo eborum . to . bishops , . abbots , and . priors last before named . the writ is that of claus. anno e. . pars m. . dorso . rex dilecto sibi in christo priori ec●lesiae christi cantuar . custodi spiritualitatis a●chiepiscopatus cantuar. sede va●ante , &c. quia pro diversis et arduis negotiis nos , &c. parliamentum nostrum apud eborum die lunae prox . ante fes●um sancti petri in cat●edra prox . futur . teneri , &c. ( as in other summons ) teste rege apud walyng●ord die januarii per breve de privato sigillo . eodem modo mandatum est archiepiscopo eborum . bishops , abbots , and priors forenemed . after which there i●ued out other writs to the said gardian of the spiritualties of canterbury , and the archbishop of york , dated the same day and place , verbatim agreeing with the former , with this addi●ional clause in the close thereof . et licet singulis episcopis praedictis injunxerimus quod quilibet eo●um praemunire faciat , prio●es , decanos , &c. as in the writ before cited . t. ut supra . the is the writ of claus. e. . m. . do●so . rex , &c. i. &c. archiepiscopo cantuar. quia , &c. nos et statum regni nostri , et alia●um terra um nostrarum specialiter contingentibus parliamentum nostrum apud westm. die lun●e prox . post festum exaltationis sanctae crucis prox ●utur . tenere , &c. praemunientes , &c. teste rege apud redinges die iulii . per ipsum regem . eodem modo mandatum est arch. eborum . to . bishops , abbots ▪ and . priots more . then follows in the same roll another special writ to the two archbishops , agreeing with the former , except in this addition . et licet singulis episcopis praedictis inj●nxerimus , &c. as in the . and . teste ut supra . per ipsum regem . the . writ is recorded in claus. e. . mem . . dorso . rex , &c. i. &c. archiep. cantuar. quia , &c. parliamentum nostrum apud eborum in crastino ascentionis domini prox . futur . tenere , &c. praemunientes , &c. teste rege apud notingham . die aprilis . per ipsum regem . eodem modo mandatum est , arch. eborum . other bishops , . abbots , . priors . then follows another writ of the same form and date to both the archbishops , with an et licet , &c. as before , ● . . the . is in claus. . e. . m. . dorso . rex , &c. j. archiep. cantuar. quia , &c. parliamentum nostrum apud westm. die lunae prox . post diem dominicam in medio quadragesimae prox . futur . &c. praemunientes , &c. t. rege apud berewic . super twedam . die ianuarii . per ipsum regem . eodem modo mandatum est , archiep. eborum . other bishops , and . priors . after which there issued writs to both the archbishops of the same date , with et licet . &c. superadded as before , n. . peripsum regem . the . writ is entred , claus. anno e. . m. . do●so . rex , &c. j. &c. archiepisc. cantuar. quia &c. parliamentum nostrum apud eborum ▪ die lunae in festo sancti hillarii prox . futur . tenere , &c. teste rege apud botheuil . die novembris . per ipsum regem . eodem modo mandatum est , archiepisc. eborum . other bishops . custodi spn ●●ualitatis episcopatus norwic . sede vacante , abbots . priors . these writs are seconded with . other writs of the same date and form to both the archbishops , with the addition of the clause : et licet singulis episcopis praedictis injunxerimus quod quilibet eorum praemunire faciat priores , &c. ut supra , n. . the . writ is registred claus. e. . pars . m. . dorso . rex , &c. j. &c. arch. cant. quia super diversis et urgentissimis negotiis nos et statum regni nostri , et aliarum terrarum nostrarum , &c. apud staunf . die veneris in crastino ascentionis domini prox . futur . habere ordinavimus colloquium et tractatum , &c. vobis mandamus , &c. quod dictis die et loco personaliter intersitis nobiscum , et cum caeteris praelatis , magnatibus et proceribus praedictis , super dictis negotiis tractaturi vestrumque consilium impensuri . et hoc sicut nos et honorem nostrum et salvationem et tranquillitatem regni et terrarum nostrarum praedictarum diligitis modis omnibus faciatis , ne per vestri absentiam expeditio negotiorum nostrorum it a urgentium retardaretur , sen aliquo modo quod absit , differatur . teste rege apud westm. die aprilis . per ipsum regem . edoem modo mandatum est archiepisc. eborum , et episcopis , ac comitibus et magnatibus et aliis subscriptis de consilio regis existentibus mutatis mutandis : there being only the names of . bishops subscribed , without any abbots or priors , and earls , lords and barons , . justices , and . others of the kings council : but no writs at all for electing knights , citizens , or burgesses : so as this was no summons to a parliament , but rather to a privy council or consultation . the . writ is extant in claus. . e. . pars . m. . dorso . rex , &c. i. &c. archiep. cantuar. quia super quibusdam arduis et urgentissimis negotiis quae per solempnes nuncios nostros quos ad partes transmarinas transmissimus nobis jam sunt plenius intimata , et quae nos , et statum regni nostri coronaeque jura specialiter et intimis contingent , vobiscum et cum aliis praelatis , magnatibus et proceribus ipsius regni nostri westm. die lunae prox post festum sanctae margaretae virginis prox . futur . colloquium habere volumus et tractatum ; vobis in fide et dilectione , &c. mandamus quod cessante excusatione quacunque dictis die et loco personaliter intersitis nobiscum , et cum caeteris praelatis , magnatibus et proceribus praedictis super dictis negotris tractaturi vestrumque consilium impensuri . et hoc sicut nos et honorem nostrum , et tranquillitatem et salvationem regni coronaeque nostrorum diligitis , nullatenus omucatis . scientes quod propter arduitatem et magnitudinem negotiorum praedictorum absentiam vestram ad diem illum nequimus nec volumus aliqualiter excusare . teste rege apud staunford die iunii . per ipsum regem . eodem modo mandatum est episcopis , abbatibus et prioribus subscriptis , v●z . bishops , abbots , priors ( the last of sempyngham oft omitted before ) . earls , nobles and great men . the . is this notable writ in claus. e. . part . m. . dorso . rex , &c. i. & . archiepisc. cantuar. &c. cum de assensu praelatorum , magnatum & procerum regni nostri ac aliorum de consilio nostro , ad partes transmarinas una cum non●ullis magnatibus et proceribus , et aliis pidelibus nostris , ex c●rtis et legitimis causis infra breve , domino duce , ordinavimus nos transfretare , et prae caeteris insideat nobis cordi , quod pax nostra in regno nostro in nostra absen●ia inviolabiliter observetur , et idem regnum nostrum ab hostium incursibus tueatur . nos autem passagium nostrum praedictum ad dictas partes super custodia dicti regni nostri et conservatione pacis nostrae in codem regno dum sic absentes fuer●mus , ct aliis arduis et urgentissimis negotiis , tam nos et statum ejusdem regni altarumque terrarum nostrarum , quam eundem transitum nostrum spcialiter contingentibus , vobiscum et cum cae●eris praelatis et magnatibus ipsius regni apud westm. die veneris prox . ante festum sancti mich●elis prox . futur : habore volumus colloquium et tractatum . et ideo vobis in fide et dilectione quibus nobis tenemini , sirmiter injungendo mandamus , quod pensatis tanta nostrorum et dict● regni negotiorum arduitate et periculis imminentibus , absque exc●satione qu ●cunque dictis die et loco personaliter inter sitis , n●biscum et cum caeteris praelatis , magnatibus et proceribus praedictis super dictis negotiis tracta●uri , vestrumque consilium impensuri . et hoc sicut honorem nostrum ac salvationem et tranquillitat●m dicti regni nostri et ecclesiae sanctae diligitis modis omnibus faciatis . ne , quod absit , per vestri absentiam expeditio negotiorum nostrorum praedictorum retardetur seu quomodolibet differetur . et praemunientes priorem , &c. teste roge apud westm. die augusti . per ipsum regem . eodem modo mandatum est w. arch. eborum ; to . bishops more ; custod . spiritualitatis episcopatus cicestr . sede vacante : . abbots and . priors . the . is the writ in the same roll and membrana , to summon a convocation of the clergy at pauls . rex , &c. j. &c. archiepisc. cantuar. &c. cum de assensu praelatorum , &c. usque imparturi ( ut supra , et tunc sic . ) et quia negotia praedicta salvationem et quictem regni nostri et ecclesiae sanctae , ●c universorum ac singulorum ipsius regni specialiter contingunt ; vobis mandamus , rogantes , quod episcopos , praelatos & clerum vestrae provinciae apud ecclesiam sancti pauli london , in crastino s. michaelis prox . futur . convocari fac . ita quod tam dicti episcopi quam decani , et priores ecclesiarum cat●edralium , & archidi aconi et abbates exempti et non exempti quos expedire videritis personaliter , et quodlibet capitulorum praedictarum ecclesiarum cathedralium per unum , et ( lerici cu●uslibet dioc. per duos procuratores sufficientem potestatem habentes , apud dictam ecclesiam sancti pauli in praedicto crastino sancti michaelis intersint . ad tractandum et consulendum super praemissis una vobiscum et aliis per nos tunc mittendis , et ad consentiendum hiis quae tunc ibidem pro communi defensione et utilitate divina favente clementia contigerit ordinari . teste ut supra . per ipsum regem . consimile breve dirigitur w. archiepiscopo eborum angliae primati , quod convocare fac . praelatos , &c. de provincia sua apud e●orum die iovis prox . post octabis s. michaelis prox . futur . teste u● supra . the . is this notable writ in claus. anno e. . pars . m . dorso . rex , &c. j. &c. archiep cantuar. &c. quia tam super urgentissimis negotiis nos et statum regni nostri , ac aliarum terrarum nostrraum , ac jura nostra et coronae nostrae tangen●ibus , quam etiam super expeditione quorundam altorum arduorum negotiorum , quae venerabiles patres sanctae romanae ecclesiae cardinales , ad nos jam in angliam , per domi●um summum pontificem transmissi , nobis ex parte ejusdem summi pontificis et dictae sedis specialiter nunciarunt , parliamentum nostrum apud westm. in crastino purificationis beatae mariae virginis prox , futur . tenere , ac ibidem vobiscum et cum caeteris praelatis , &c. et hoc sicut nos et honorem nostrum , et tranquillitatem et quietem dictorum regni et terrarum diligitis , nullatenus omittatis . praemunientes priorem , &c. scientes insuper , quod tam prop●er dictorum negotiorum arduitatem , quam pro co quod nonnulla alia nostri et regni nostri negotia in diversis parliamentis nostris ante haec tempora tentis , propter absentiam praelatorum et magnatum ejusdem regni qui eisdem parliamentis , una cum aliis ipsius regni proceribus personaliter juxta mandata nostra eis inde directis interfuisse debuerant fuerunt non absque nostri & regni nostri incommodo saepius retardata , procuratores , seu excusationem aliquam pro vobis ligitimo cessante impedimento , admittere nolumus ista vice . teste rege apud westm. die decembris . per ipsum regem . eodem modo mandatum est arch : eborum . . bishops more , and h. episcopo lincoln . vel ejus vicario generali , ipso episcopo in remotis agente : . abbots , and . priors . the . is this observable writ of claus. e. . pars . m. . dorso . rex , &c. archiepisc. eborum , &c. cum super defensione et salvatione regni nostri ac jurium coronae nostrae de assensu praelatorum , comitum , baronum et communitatis regni nostri sumus jam cum exercitu nostro ad partes transmarinas , annuente domino , personaliter prosecturi : et dilectum et fidelem nostrum edwardum ducem cornubiae er comitem cestriae , filium nostrum primogenitum custodem dicti regni nostri , et locum nostrum tenentem in eodem regno constituerimus , dum sic nos absentare contigerit , vel alias nostrae placuerit voluntari : ac intimius insidat cordi nostro , quod pax nostra in ipso regno tam in nostra absentia quam in praesentia illaesa firmius conservetur , et idem regnum et populus noster ibidem ab hostium incursibus tueantur . per quod de assensu consilii nostri ordinavimus , quod super praemissis et aliis arduis et urgentibus negotiis nos et statum regni nostri multipliciter conting●ntibus quoddam magnum consilium apud north●mpton , in crastino s. iacobi apostoli prox . futur . teneatur ; vobis in fide et dilectione quibus nobis tenemini firmiter injungendo mandamus , quod attentis praemissorum arduitate et imminentibus periculis , quacurque excusatione cessante dictis die et loco personaliter intersitis , cum praefato custode et caeteris praelatis , magnatibus et proceribus regni nostri , quos ibidem ea de causa convocari fecimus , super negotiis praedictis tractaturi , vestrumque consilium impensuri . et hoc sicut et honorem nostrum , ac salvationem et tranquillitatem dicti regni nostri et ecclesiae sanctae , diligitis , modis omnibus faciatis ; ne quod absir , per vestram absentiam expeditio negotiorum nostrorum praedictorum retardetur , seu quomodolibet differatur . praemunientes decanum et capitulum ecclesiae vestrae , &c. teste rege apud walton . die iunii , per ipsum regem . eodem modo mandatum est &c. to bishops more , h. episcopo lincoln . vel ejus vicario generali , ipso episcopo in remotis agenti , r. electo london , confirmato . then follows the like writ to j. archbishop of canterbury , as issued to yorke : with this different clause after ; excusatione cessante ; viz. vel vicariis vestris generalibus , vobis in partibus transmarinis agentibus , dictis die et loco personaliter intersitis , &c. et vos , vel dictus vicarius vester generalis , praemuniatis , &c. ( ut supra , mutatis mutandis ) teste ut supra . consimile breve dirititur r. episcopo dunolm , and to . abbots , and . priors . the . is the writ registred in claus. e. . parte . m. . dorso . rex , &c. i. &c. archiepi●c . cantuar. &c. vel ejus vicario generali ipso archiepiscopo in remotis agenti , salutem . quia de avisamento consilii nostri ordinavimus , quod super arduis et urgentibus negotiis , tam nos et expeditionem guerrae nostrae , ac jura nostra et coronae nostrae in partibus transmarinis , quam statum et defensionem , regni nostri , et aliarum terrarum nostrarum contingentibus parliamentum apud westm. ad quindena s. michaelis prox . futur . teneatur : et ibidem vobiscum ac cum caeteris praelatis , &c. vobis , &c. mandamus , quod consideratis dictorum negotiorum arduitate et periculis imminentibus , cessante quacunque excusatione dictis die et loco personaliter intersitis , nobiscum , seu cum custode regni nostri , si tunc contigerit nos abesse , ac caeteris praelatis , magnatibus , &c. consilium impensuri . et hoc sicut nos & honorem nostrum , ac salvationem regni , terrarum et jurium nostrorum praedictorum , ac ecclesiae sanctae , expeditionemque dictorum negotiorum nostrorum diligitis , nullatenus omittatis . ne quod absit , per vestram absentiam ( quam cessante impedimento legitimo excusare aliqualiter nolumus ista vice ) expeditio dictorum negotiorum nostrorum retardetur , seu quomodolibes differatur . praemunientes , &c. teste custode praedicto apud windesore , . die aug. per ipsum regem ac dictum custodem et consilium . eodem modo mandatum est arch. eborum , &c. and . bishops more , r. dunolm . episcopo , vel ejus vicario generali ipso episcopo in remotis agente : and so h. lincoln episcopo , t. hereford episcopo , vel ejus vicario generali , &c. eodem modo mandatum est , to ▪ abbots and . priors . after which follow writs to the archbishop of york , and to the archbishop of canterbury or his vicar general in his absence of the like form : with an , et licet singulis episcopis regni nostri , &c. nolentes tamen dicta negotia nostra pro defectu praemunitionum praedictarum si minus rectè factae fuerint , retardari , &c. ( as n. . ) teste custode apud wyndesor . . die augusti . per ipsum regem et dictum custodem & consilium . the . is this remarkable writ , claus. an. e. . pars . m. . dorso . rex , &c. i. &c. archiepisc. cantuar. &c. cum quaedam ardua et urgentia negotia , quae nos et honorem nostrum , statumque regni nostri contingebant in pariiamento nostro apud westm. quindena s. michaelis prox . ptaeterito summonito , praelatis , proceribus et communitate dicti regni ibidem existentibus exposita extitissent ; super quibus eadem communitas tempus ad delibe●andum petiit , supplicans aliud parliamentum statim infra breve , ut tunc deliberatione hujusmodi habita valeret expositis maturius responderi . per quod de avisamento praelatorum et procerum praedictorum , necnon ad dictae communitatis hujusmodi supplicationem , ordinavimus , quod super hiis et aliis urgentissimis negotiis , tam nos et expeditionem guerrae nostrae in partibus transmarinis , quam defensionem ejusdem regni , jurium et terrarum nostrarum contingentibus , parliamentum nostrum apud westm. in octabis s. hillarii prox . futur . teneatur ; et ibidem vobiscum , &c. vobis , &c. mandamus , quod dictorum negotiorum arduitate , periculisque et necessitate imminentibus ponderatis , excusatione quacunque cessante , dictis die et loco personaliter intersitis nobiscum , seu cum custode regni nostri , si tunc con●igerit nos abesse , ac caeteris praelatis , &c. ( as in the last writ before ) praemunientes , &c. ad consen●ien●um &c. teste custode praedicto apud langele , die novembris . per ipsum regem , et dictum custod●m et consilium . eodem modo mandatum est arch. eborum , and to bishops more , abbots , and . priors . after which follows two other writs dated die novembris , to both the archbishops in the same form ; with the clause of et licet singulis episcopis , &c. as before , n. . per ipsum regem , et dictum custodem et consilium . the . is this special writ different in one memorable clause from all the precedent in claus. anno e. . pars . m. . dorso . rex , venerabili in christo patri , i. eadem gratia archiepiscopo cantuar , totius angliae primati , salutem . quia super diversis arduissimis et urgentissimis negoti●s , nos et statum ac etiam defensionem regni angliae , quam expeditionem guerrae nostrae , ac jura coronae nostrae , terrasque et dominica nostra in partibus transmarinis multipliciter contingentibus parliamentum nostrum apud westm. di● merc●rii prox . post diem dominicam in medio quadragesimae prox . futur . tenere , et ibidem vobiscum , ac cum caeteris praelatis , magnatibus et procetibus dicti regni colloquium habere volumus et tractatum . vobis in fide , &c. mandamus , quod consideratis dictorum negotiorum arduitate et periculis necessitate que imminentibus , cessan●e quacunque excusa●ione , dictis die et loco personaliter intersitis , nobiscum , et cum caeteris praelatis , magnatibus et proceribus praedictis super dictis negotiis tractaturi , vestrumque consilium impens●ri . et hoc sicut nos et honorem nostrum ac salvationem ejusdem regni nostri angliae caeteratumque terrarum ac jurium nostrorum praedictorum ac negotiorum expeditionem diligitis nullatenus omi●tatis . et praemun●entes priorem , &c. non mirantes ex hoc quod stilum nostrum consuetum mut vimus et regem franciae nos faciamus nominari jam ( in the beginning of this writ at large to the archbishop , though omitted for brevity in the clause roll , beginning only with rex , instead of * edwardus dei gra●a rex ang●iae et franciae , &c. ) diversae subsunt causae per quas hoc facere necessarie nos oportet , et quas vobis et aliis praelatis et magnatibus necnon communitatibus ejusdem regni nostri angliae ad dictum parliam . plenius exponemus . scientes insuper quod nolumus , nec intentionis nostrae exis●it , quod ex assumptione nominis et honoris eorundem dicto regno ac terrae angliae , aut statui seu juribus eorundem prae judicietur , aut aliqualiter derogetur , set quod eidem regno uberius subveniatur et rele vetur maturius , illud idem , et p●o securitate in hac parre ad dictum parliamentum si opus fuerit , ordinabimus , quod juxta consilium vestrum et aliorum praelatorum , magnatum caeterorumque ibidem convocatorum viderimus oportunum . teste rege apud harwich . die februarii . per ipsum regem . eodem modomandatum est arch. eborum , and to . bishops more . t. episcopo hereford , vel ejus vicar . generali , ipso episcopo in remotis agente , w. electo london c●nfirmato , abbots , and . priors . after which there are two writs of the self-same date and form directed to both the archbishops ; with this usual additional clause . et licet singulis episcopis , &c. as before , n. . the . writ of summons is that in claus. anno e. . pars . m. . dorso . rex , &c. i. &c. archiepisc. cantuar. &c. cum pro defensione et salvatione regni nostri angliae , ac recuperatione jurium nostrorum et coronae nostrae sumus cum magnatibus et aliis ejusdem regni ad partes transmarinas , annuente domino personaliter profecturi ; et per-dilectum et fidelem nostrum edwardum ducem cornubiae , et comitem cestriae filium nostrum primogenitū custodem dicti regn● nostri angliae , et locū nostrū tenentē in eodem regno constituerimus dum nos sie absentari contigerit , vel alias nostrae placuerit voluntati ; ac intimius insideat cordi nostro quod pax nos●ra in ipso regno tam in absentia quā in praese●tia ill●safirma observetur , ●dem regnū et p puli●s noster ibidem ab hostiū incursu tueantur ; per quod de assensu consilii nostri ordinavimus , quod super praemissis ●t aliis arduis et urgentibus negotiis nos et statum dicti regni nostri angliae , et expeditionem diversorum urgentissimorum negotiorum nostrorum multipliciter contingentibus , quoddam parliamentum nostrum apud westm. ad diem mercurii prox . post festum translationis s. thomae martyris prox . futur . teneatur . vobis in side , &c. personaliter intersitis , cum praefato custode ac caeteris praelatis , &c. quos ibidem ea de causa convocari mandavimus , super dictis negotiis tractaturi vestrumque consilium impensuri . et hoc sicut nos et honorem nostrum , ac salvationem et tranquillitatem regni nostri angliae et ecclesiae sanctae diligitis modis omnibus faciatis ; ne quod absit , per vestri absentiam expeditio negotiorum nostrorum praedictorum retardetur , seu quomodolibet differatur . et praemuniatis , &c. teste r●ge apud westm. die maii. per ipsum regem . eodem modo mandatum est , a. episcopo winton , and . bishops more , abbots , and . priors . the . writ is recorded in claus. e. . pars . m. dorso . rex , &c. j. &c. archiepisc. cantuar. quia super diversis et arduis negotiis tam nos , statum et defensionem regni nostri angliae , quam expeditionem guerrae nostrae , ac jura coronae nostrae , et terras et dominica nostra in partibus transmarinis multipliciter contingentibus , parliamentum nostrum apud westm. in die lunae prox . post quindena paschae prox . futur . ●enere , et ibidem , &c. ( a● in the . precedent writ . ) teste rege apud wodestoke . per ipsum regem . eodem modo mandatum est to . bishops , abbots , and . priors . the . writ is in claus. an●o . e. . pars . m. . dorso . rex , &c. j. &c. archiepisc. cantuar. &c. quia super quibusdam arduis negotiis nos et statum dicti regni angliae ac aliarum terrarum nostrarum , ac etiam recuperationem jurium nostrorum specialiter contingentibus , vobiscum et cum caeteris praelatis ac magnatibus dicti regni nostri apud westm. die lunae in cr●stino claus. paschae prox . futur . colloquium habere volumus et tractatum . vobis , &c. et hoc sicut nos et honorem nostrum , ac salvationem et defensionem dicti regni nostri diligitis nullatenus omittatis . teste rege apud westm. die februarii . per ipsum regem . eodem modo mandatum est to . bishops , but no abbots , priors , sherifs , or warden of the cinqueports , and so no summons to a parliament , but a council , as the margin stiles it . the . writ is entred in claus. edw. . pars . m. . dorso ; with one unusual clause . rex , &c. j. &c. archiepisc. cantuar. &c. quia pro defensione et salvatione regni nostri angliae , ac expeditione guerrae nostrae franciae , passagium nostrum ad partes transmarinas duximus ordinandum . nos de bono regimine dicti regni , ac conservatione pacis nostrae , ac discretione provida negotiorum nostrorum , ac aliorum publicam utilitatem concernen . dum sic absentes fu●rimus merito solliciti , quoddam consilium et tractatum tenendum vobiscum , et cum aliis praelatis , magnatibus , et communitatibus dicti regni nostri super hiis apud westm. die mercurii prox . post festum s. edwardi confessor●s prox . futur . per edw. ducem cornubiae , et comitem cestriae , filium nostrum carissimum , quem custodem dicti regni constituimus , nobis sic agentibus in remotis , ordinavimus . et ideovobis , &c. dictis die et loco personaliter intersitis cum praefaro custode , nomine nostro , et cum caeteris praelatis , magnatibus et communitatibus antedictis , super praemissis ●ractaturi , vestrumque consilium impensuri . praemunientes , &c. et hoc sicut nos et honorem nostrum , et salvationem et defensionem dicti regni diligitis nullatenus omittatis . scituri quod gratitudinem et ingratitudinem quas nobis in absentia nostra jam ostendi contigerit plus ponderabimus , quam si fuerant dum praesentes essemus , et ea curabimus juxta merita seu demerita compensare . teste rege apud gastry . die sept. per ipsum regem et consilium . consimili● brevia diriguntur , mutatis mutandis sub eadem data , unto . bishops , . abbots , and . priors . the . is this notable writ recorded in claus. e. . parte . m. . dorso . rex , &c. j. &c. archiep. cantuar. &c. quia jam super expeditione guerrae nostrae sub spe saelicis eventus agimus in remotis , et super quibusdam tam personam quam statum et bonum regimen regni nostri angliae summe concernentibus vestrum habere vellemus auxilium et consilium providum et festi●um ; intime vo● rogantes mandamus , quod die sabbato in crastino s. luciae prox : futur . fitis personaliter apud westm. ibidem cum edward● filio nostro carissimo duce cornubiae , custode angliae , ac aliis de consilio nostro , super his tractaturi vestrumque consilium et auxilium , prout requiret dictorum negotiorum qualitas , impensuri . et hoc sicut nos et honorem nostrum et expeditionem nostram diligitis nullatenus omittatis . teste praefato custode apud kenyngton . die novembris . per ipsum regem et consilium . eodem modo mandatum est , to . more bishops , . earls , . lords and great men ; without any abbots , priors , writs to sherifs , assistants , or warden of the cinque-ports . it being only a council , not a parliament . the . writ very observable in the recital , is registred in claus. anno e. . parte . m. . dorso . rex , &c. j. &c. archiepisc. cantuar. &c. quia ob reveren●am domini summi pontificis et sedis apostolicae , et instantiam venerabilium patrum dominorum penestrini et tusculani episcoporum , sacrosanctae ecclesiae romanae cardinales , et dictorum summi pontificis atque sedis nunciorum , propter haec ad nos specialiter transmissorum , quaedam trenga , sub spe pacis honorabilis inter nos et adversari●s nostros franciae jam est inita , et ad tractandum de dieta pace iuxta conditionem super hoc habitam , solempnes nuntios citra festum nativitatis s. johannis baptistae habemus ad romanam curiam destinari , propter haec et alias causas varias et arduas commodum publicum nostri et nostrorum fidelium concernentes , ordinavimus parliamentum nostrum apud westm. die lunae prox . post quindenam pasch. prox . futur . tenere , et vobiscum , ac cum caeteris praelatis , magnatibu● et proceribus regni nostri angliae colloquium habere volumus et tractatum . vobis in fide , &c. mandamus , quod considerata dictorum negotiorum arduita●e , quatenus excusatione cessante dictis die et loco personaliter inter sitis nobiscum , &c. et praemuniatis , &c. teste custode praedicto apud byfleet die februarii . per ipsum regem et consilium . eodem modo mandatum est , to . bishops , . abbots , and . priors . the . writ is thus recorded , claus. anno e. . pars . m. . dorso . rex , &c. i. &c. archiep. cantuar. &c. quia pro quibu●dam arduis et urgentibus negotiis honorem dei , et decus et defensionem ecclesiae anglicanae , ac necessarium et salubre regimen populiet regni nostri . angliae summe concernentibus , ordinavimus parliamentum nostrum apud westm. die lunae prox . post octab. s. trinitatis prox . futur . tenere , ac vobiscum ibidem , ac cum caeteris , &c. firmiter injungimus et mandamus quatenus excusatione quacunque postposita , ard●itate negotiorum praedictorum considerata , dictis die et loco personaliter intersitis nobiscum , si praesentes fuerimus ibidem , seu cum deputandis a nobis si abesse nos contigerit , et cum caeteris praelatis , &c. et praemuniatis , &c. teste rege apud westm. die aprilis . per ipsum regem et cons●●ium . eodem m●do mandatum est , archiepisc. eborum . i. electo hereford confirmato , and bishops , ab●ots , and . priors more . the . writ is thus entred in claus. an. e. . par . . m. . dorso . rex , &c. j. &c. archiep. cantuar. &c. quia de avisamento consilii nostri ordinavimus , quod super variis et arduis negotiis , tam nos et expedit●●nem guerrae nostrae , ac jura nostra et coronae nostrae in partibus transmarinis , quam statum et defensionem regni nostri angliae contingentibus , quoddam parliamentum nostrum apud westm. die lunae prox . post festum nativitatis beatae mariae virginis prox . futur . teneatur , et ibidem vobiscum , &c. tractatus et colloquium habeantur . vobis in fide , &c. cessante quacunque e●●usatione dictis die et loco personaliter nobiscum , seu cum custode regni nostri , si tunc contigerit nos abesse , ac caeteris praela●is , &c. consilium impensuri . et hoc ●cut honorem nostrum et salvationem regni , terrarum et jurium nostrorum ac ecclefiae ●anctae , expeditionemque dictorum negotiorum nostrorum diligitis , nullatenus omittatis ; ne quod absi● , per vestri absentiam ( quam cessan●e impedimento legitimo nullo modo excusatam habere volumus ) expeditio negotiorum nostrorum praedictorum retardetur , seu aliqualiter differatur . praemunien●e● , &c. teste custode praedicto apud westm. die iulii per ipsum regem et dictum custodem et consilium . eodem modo mandatum est , to . bishops , custodi spiritualitis episcopatus assaven , . abbots , and . priors . the . ( in the same clause of roll and membr . ) is this special writ of summons issued to the archbishop of york and others , varying from all the rest in some observable clauses concerning making proxies in their absence . rex , &c. w. &c. archiepiscopo eborum &c. cum de avisamento , &c. ut supra , to habentur ; then , per quod mandaverimus diversis praelatis , comitibus , baronibus , et aliis proce●ibus regni nostri , quod consideratis dictorum negotiorum arduitate et periculis imminentibus , cessante excusatione quacunque , dictis die ●t loco personaliter intersitis nobiscum , &c. ( ut supra , to impensuri . then comes in this special clause ) et quia modernis temporibus super salvatione et defensione marchiae scotiae estis multipliciter occupati : vobis in fide et dilectione quibus nobis tenemini firmiter injungendo mandamus ; quod dictis negotiis et periculis per vos debitè ponderatis , aliquem idoneum procuratorem , in quo benè confiditis , de voluntate et intentione vestris plenius informatum , in loco vestri , cum sufficienti potestate ad dictos diem et locum mittatis , ad consentiendum hiis quae tunc per dictos praelatos . comites , et alios proceres ordinari contigerit super negotiis antedictis . et hoc sicut de vobis confidimus , et nos et honorem nostrum et vestrum , ac recuperationem ●urium nostrorum praedictorum , salvationemque et defensionem dicti regni nostri angliae diligitis , nullatenus omittatis . t. ut supra . eodem modo mandatum est subscriptis sub eadem data , viz. gilberto de umfravill comiti de anegos , thomae de lucy , hen. de percy , rad. de nevill , johan . de harrington , pet. de malo-lacu , le quint , joh. de fauconberge , thomae wake de lydell , joh. de moubray , hen. fitz hugh , rad. de bulmere , thomae episcopo dunolm . vel ejus vicar . generali ipso episcopo in remotis agente . j. episcopo carliol . abbati beatae mariae eborum , abbati de selbye . the . writ is thus transmitted to us , claus. anno e. . pars . m. . dors . rex , &c. r. eadem gratia episcopo cicestr . salutem . propter quaedam ardua negotia nos statum et defensionem regni nostri angliae , ac expeditionem guerrarum nostrarum summe contingentia : vobis in fide , &c. mandamus quod omnibus aliis praetermissis , sitis apud westm. tertio die martii prox . futur . ibidem cum praelatis , et caeteris magnatibus , ac aliis de confilio nostro super negotiis an●edictis tracta●uri , vestrumque consilium impensuri . et hoc sicut nos et honorem nostrum , ac celerem expeditionem guerrarum nostrarum praedictarum diligitis nullo modo omittatis . t. custode praedicto apud redinges , . die februarii . per ipsum regem et consilium . consimilia brevia diriguntur subscriptis , mutatis mutandis , sub eadem data , viz. to . bishops ( one of them inserted among the temporal barons ) . earls , . barons , abbots , and . priors : without any writs to sheriffs , assistants , or warden of the cinque ports . it being a summons to a council , not parliament , which the next writ demonstrates . the . writ of summons i finde in claus. anno e. . part . m. . dorso , having a most observable clause towards the end of it , which would be very acceptable now ( as no doubt it was then ) to the overlong uncessantly taxed , and almost exhausted people . rex , &c. i. &c. archiepiscopo cantuar. &c. quia pro quibusdam arduis negotiis tam nos et statum regni nostri angliae , quam communem utilitatem populi ejusdem regni nostri contingentibus , parliamentum nostrum apud westm. in crastino s. hillarii prox . futur . tenere , et vobiscum , &c. et hoc sicut nos et honorem nostrum , ac communem utilitatem populi praedicti dilig●is , ●ull●tenus om●ttatis . praemuntentes &c. et scire vos volu●mus , quod dictum parliamentum non ad auxilia seu tallagia a populo dicti regni nostri petenda , vel alia onera eidem populo imponenda , set duntaxat pro justicia ipsi populo nostro super damnis et gravaminibus sibi illatis facienda ( a very welcome clause in this exacting , oppres●ing , unrighteous age of manifold grievances and injuries of all kinds fit to be thus redressed in a particular parliament summoned for that end ) et pro tractatibus● super dictis negotiis , ut praemittitur habend . fecimus summoneri . teste rege apud westm. . die novemb. per ipsum regem . eodem modo mandatum est arch●episc . eborum , &c. and bishop● , abbots , and . priors . the . is this memorable writ of summons i meet with in claus. anno e. . parte . m. . dorso . rex , &c. i. & . archiepiscopo cantuar. &c. cum juxta formam treugarum inter nos et adversarium nostrum fr●nciae apud calesiam initarum , concordatum fuisset , quod nonnulli solempnes nuncii durantibus dictis treugis , tàm ex parte nostra , quàm dicti adversarii nostri ad sedem apostolicam ad tractandum ibidem de finali pace inter nos et dictum adversarium nostrum mitterentur ; et licet super hoc certos competentes nun●ios ad sentiendam voluntatem dom. summi pontificis super quibusdam praeparationis , tam dictum t●acta●um pacis , quam●missionem hujusmodi majorum solempnium nunciorum concernentibus , ac aliis de causis motvis plurimum ad dictam sedem circiter festum s. andreae apostoli prox . praeteritum duxerimus transmittend●s , tunc sperantes certam responsionem ab ipsis nu ciis in ultimo parliamento nostro apud westm. tento veresimiliter habuisse , de quibus quidem nunci●s , seu eorum exped●tione hactenus non recepimus quicquam certum : propter quod missionem majorum ▪ nunciorum nostrorum solempnium adhuc posuimus in suspenso ; et quia deo dante , de dictis nunciis et eorum expeditione in proximo habere credimus certa nova , super quibus , ac etiam et super eo quod contra formam dictarum treugarum ex parte ipsius adversarii nostri juratarum , quaedam notabiliter ponderanda , et in favorem nostri , et nostrorum fidelium ec●allegatorum adimplenda , per partis adversae maliciam , minime sunt impleta , necnon super eo quod dictus noster adversarius contra bonam fidem , desperata pace pro parte sua promissa , maximam multitudinem hominum ad arma , ac aliorum , ac navium et galiarum , potentius quam hactonus auditum fuerat , procurat , ad dictum regnum nostrum angliae hostiliter invadendum , ac nos et dominium nostrum pro viribus subvertendum , prout ut haec per manifesta indicia satis liqueant , expedit , ut cum praelatis , magnatibus et proceribus ejusdem regni , absque moris dispendio salubre consilium habeamus , per quod ex causis praedictis , et pro aliis gentem et terram scotiae , necnon pro quibusdam variis negotiis multum arduis tam nos quam statum totius regni nostri praedicti specialiter contingentibus parliamentum nostrum apud westm. ad diem lunae prox . futur . tenere , vobiscumque ac cum caeteris praelatis , magnatibus & proceribus praedictis colloquium habere volumus et tractatum . et ideo vobis in fide et dilectione quibus nobis tenemini firmiter injungendo mandamus , quatenus cessante excusatione quacunque , dictis die et loco personaliter intersitis , nobiscum , ac cum caetenis praelatis , magnatibus , et proceribus dicti regni super negotiis praedictis tractaturi , vestrumque consilium impensuri . praemunientes priorem et capitulum ecclesiae vestrae christi cantuariae , ac archidiaconos , totumque clerum vestrae dioc. quod ●idem prior et archidiaconi in propriis personis suis , ac dictum capitulum per unum , idemque clerus per duos procuratores idoneos , plenam et sufficientem potestatem ab ipsis capitulo et clero babentes praedictis die et loco personaliter inter sint , ad consentiendum hiis quae tunc ibidem de communt consilio ipsius regni nostri , divina favente clementia contigerit ordinari . teste rege apud westm. . die februarii . per ipsum regem . eodem modo mandatum est subscriptis sub eadem data , viz. arch. eborum , and . bishops abbots , and . priors more . the writ is this of claus. anno . e. . parte . m. . dorso . rex , &c. r. eadem gratia episcopo london . salutem . quia pro magnis et arduis negotiis inter quosdam fideles nostros ex parte nostra , et quosdam magnates et alios ex parte adversariorum nostr . franciae , quosdamque ex parte comitis et gentis flandriae . jam noviter apud cales . tractatis , necnon pro diversis aliis urgentibus negotiis nos et statum regni nostri angliae summe contingentibus , parliamentum nostrum apud westm. die lunae prox . post festum s. hillaru● prox . futur . tenere , et vobiscum , &c. colloquium habere volumus et tractatum vobis in fide , &c. dictis die et loco in propria persona vestra absque procuratore faciendo intersitis nobiscum , &c. et hoc sicut nos et honorem nostrum , ac expeditionem negotiorum nostrorum , necnon utilitatem et commodum regni nostri angliae diligitis , nullatenus omittatis . praemuni●ntes , &c. scituri pro certo , quod attenta dictorum negotiorum arduitate procuratores aliquos pro vobis , seu ex parte vestra ad diem praedictum admittere , seu absentiam vestram excusatam habere nolumus ullo modo . teste rege apud westm. die novemb. per ipsum regem . consimilia brevia diriguntur subscriptis sub eadem data , viz. j. de ostord decano lincoln . electo cantuar. confirmato , w. episcopo winton , and . bishops , . abbots , and . priors more . besides there issued a writ to w. eadem gratia episcopo wigorn. in the same form to omittatis : and then thus : quacunque concessione vobis pro immunitate vestra de non ventendo ad parliamenta nostra prius concessa non obstante . praemunientes , &c. teste ut supra . after which follows another writ ; rex , &c. w. &c. archiep. eborum : in like form till tractatum ; with this different clause from the other writs ; vobis in fide , &c. mandamus , quod aliquem idoneum et sufficientem procuratorem pro vobis in quo confiditis ad dictos diem et locum , ●o quod vos propter corporis vestri debilitatem laborare non po●●ritis , quo praetextu personalem praesentiam vestram ist avice excusatam habere volumus , mittati , nobiscum , ac cum caeteris praelatis , magnatibus et proceribus dicti , &c. ut supra . praemuntentes , &c. teste ut supra . the . an ordinary writ is thus enrolled . claus. an. e. par . . m. . dorso . rex , &c. s. &c. arch●ep . cantuar. &c. quia pro quibusdam arduis et urgentibus negotiis nos , et sta●um et bonum regimen regni nostri , et aliarum terrarum et dominiorum nostrorum contingentibus , parliamentum nostrum apud westm. in octabis purificationis beatae mariae virginis prox . futur . tenere , &c. et hoc sicut nos et honorem nostrum et commune commodum dicti regni nostri angliae diligitis nullatenus omittatis . praemunientes , &c. teste rege apud westm. die novemb. per ipsum regem et consilium . eodem modo mandatum est , sub eadem data . arch. eborum . and . bishops , . abbots , and . priors more . the . writ is entred claus. anno e. . part . m. . dorso . rex , &c. s. &c. archiepisc. ca●tuar . &c. quia pro quibusdam arduis et urgentibus negotiis nos et statum regni nostri , et necessariam defensionem ejusdem regni contingentibus , parliamentum nostrum apud westm ▪ die veneris in crastino s. hillarii prox . futur . tenere , & hoc ( as before , writ . ) praemunientes , &c. teste rege apud westm. . die novembr . per ipsum regem et consilium . eodem modo mandatum est arch. eborum . and . other bishops , . abbots , and . priors : this special note is entred in the roll and lists of the abbors ●●mes then summoned after abbati de croyland . abbas leicestr , cancellatur , quia habet cartam regis quod non compellatur venire ad parliamentum ; his patent of exemption is entred in rot. pat. e. . par● . m. . pri●ted in mr. seldens titles of honor , book . ch . . p. , , and in my plea for the lords , p. , . the . is this con●iderable writ . with some unusual clauses in claus. an. e. . m. . dorso . rex , &c. s. &c. arch. cantuar. &c. quia pro magniset urgentibus negotiis , et novis subitis ad nos perlatis nos et statum ac jura regni nostri angliae summe concernentibus , super quibus festinum et providum oportet exhiberi remedium , uobiscum ac cum caeteris praelatis , magnatibus et proce●ibus , et aliis fidelibus nostris dicti regni apud westm. in crastino assumptionis bea●ae mariae virginis prox . futur . coll●quium habere volumus et tractatum . vobis , &c. et hoc sicut nos et honorem nostrum , ac salvationem et defensionem et commodum dicti regni nostri diligitis , et subversionem ejus vi●are volueri●is , nullo mo●o omittatis . nos de die receptionis praesentium et per quem vobis dilatae fuerint certificantes tunc ibidem . teste rege apud westm. die iul● . per ipsum regem et consilium . consim●lia brevia diriguntur to ● . bishops , priori h●spitalis ierusalem in anglia , abbati westm. there being no more priors or abbots named in the roll , but these . summoned by special writs . but the writs to the bishops of exon , bath and wells , coventry and litchfield , st davids , rochester , bangor , assaven . landaff and carliol . have this clause in them , in which they vary from the former : dictis die et loco per vos vel per procur atorem vestrum ido●eum intersitis nobiscum , &c. the . are these . special writs of summons to appear before this council , thus recorded in this roll ▪ ( g ) rex d lecto sibi in christo fratri ranulpho monacho abbatiae cestriae , salutem . quibusdam certis de causis vobis mandamus firmiter injungentes , quod sitis personaliter coram nobis et consilio nostro apud ●estm . die martis , prox . post festum assumptionis beat●e mariae virginis prox . futur . una cum omnibus canonicis vestris , et quae sunt in c●stodia vestra , ad loquendum et ●ractandum cum dicto consilio super aliquibus quae tunc vobis expetuntur ex parte nostra . et sub periculo quod incumbit nullatenus omittatis . te●te rege apud westm. die augusti . et mandatum est abbati abbatiae praedictae , quod praefa●um ranulphum ad diem et locum praedictos habeat ex causa praedicta . teste ut supra . rex dilecto sibi in chris●o priori provinciali ordinis fratrum praedicatorum in anglia , salutem . quibusdam certis de causis vobis mandamus firmiter injungentes , quod sitis personal●ter coram nobis et consilio nostro apud westmon . die martis prox . post festum assumptionis beatae mariae virginis prox : futur . ad loquend●m et tractandum , &c. teste ut supra . eodem modo mandatum est priori provinciali ordinis beatae mariae de monte carmeli in anglia , de essendo coram dicto consilio , die iovis prox . post assumptionem beatae mariae virginis prox . futur . sub eadem data . these i conceive were all summoned rather as private informers , than members of this council ; being to appear coram nobis et consilio nostro : not to be members thereof . the . is this writ , in claus. anno e. . m. . dorso . rex , &c. s. &c. archiepisc. can●uar . &c. quia pro magnis et urgentibus nego●iis nos et sta●um regni angliae summe concernentibus , vobiscum &c. et aliis fidelibus dicti regni apud westm. die lunae prox . post festum s. matthaei apostoli prox . futur . colloquium habere volumus et tractatum . vobis , &c. et hoc sic●t nos et honorem nostrum , ac salvationem et de●ensionem ac commodum dicti regni nostri diligitis nullatenus omittatis . nos de die receptionis praesentium et per quem vobis delatae fuerint certificantes tunc ibidem . tes●e rege apud westm. . die iulii . per ipsum regem et consilium . eodem modo mandatum est arch. e●orum . et . bishops , abbots , and . priors . the . is this writ in claus. e. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. &c. quia pro magnis et urgentibus negotiis nos et statum regni nostri angliae , ac salvationem et defensionem ejusdem regni summe concernentibus parliamentum nostrum apud westm. die lun●e prox . post festum s. marci evangelistae prox . futur . tenere , et vobiscum , &c. praemunientes , &c. teste rege apud westm. . die martii . per ipsum regem . consimilia brevia diriguntur i. arch. eborum : to . other bishops , abbots , . priors . the . writ is thus entred , claus. . e. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. &c. quia pro quibusdam arduis et urgentibus negotiis nos et statum regni angliae , ac necessariam defensio●em ejusdem regni concernentibus parliamentum nostrum apud westm. die jovis in cr●stino s. martini prox . futur , te●ere , et vobiscum , &c. et hoc sicut nos et honorem nostrum , et commune commodum et salvationem et defensionem dicti regni nostri angliae diligitis , &c. pr●munientes , &c. teste rege apud portsmo●th . die septembris . per ipsum gem . consimilia brevia diriguntur , i. arch. eborum . . bishops , whereof one is electo elien . confirmato ; abbots , priors : one of the abbots was abbati de leicestr . over against which is written in the margin . cancellatur abbas leicestriae quia habet cartam regis , quod non compellatur venire ad parliamentum . after which in the same roll followes this . writ to the archbishop of canterbury and another to york to summon a convocation of the clergy . rex , &c. s. &c. archiep. cantuar. ( just in the same form and words as before , to ves●rumque consilium impensuri . then follows this clause . ) et quia expedit quod negotia praedicta quae salvationem et defensionem dicti regni nostri sic contingunt , salubriter et efficaciter cum bona et matura deliberatione deducantur ; vobis m●●damus rogantes quatenus omnes episcopos et abbates , necnon decanos et priores tam ecclesiarum cathedralium quam collegiatarum , exemptos et non exemptos , archidiaconos et totum clerum vestrae provinc●ae apud ecclesiam s. pauli london . die lunae prox . post dictum festum s. martini convocari faciatis . ita quod dicti episcopi , decani , et priores ecclesiarum cathedralium , et abbates exempti et non exempti , et archidi●coni personaliter , et quodlibet capitulorum dictorum ecclesiarum cathedralium per unum , et clerus cujuslibet diocper duos procuratores sufficientem potestatem haben●es apud dictam ecclesiam s. pauli dicto die lunae intersint ; ad tractand . et cons●lend . super praemissis una vobiscum et aliis per nos illuc mittendis ; et ad consentiendum hiis qu● tunc ibidem super dictis negotiis divina fave●te clementia contigeri● ordinari : et hoc sicut nos et honorem nostrum , ac salvationem et defensionem dicti regni nostri diligitis nullatenus omittatis . teste rege apud westm. die septembris . per ipsum regem . consimiles literae diriguntur i. archiepiscopo ebor●m , primati angliae , de clero suae provinciae die lunae in crastino s. nicholai prox . futur . apud ecclesiam bea●i petri eborum , ex causa praedicta convo●ando . teste ut supra . the . writ is that of claus. anno e. . m. . dorso . very considerable . rex ▪ &c. s. &c. archiepiscopo cantuar. &c. quia pro quibusdam arduis et urgentibus negotiis nos et statum regni nostri angliae , et necessariam desensionem ejusdem regni et eccleliae anglicanae contingentibus , ordinavimus parliam●ntum nostrum apud westm. die lunae prox . post sep●imanam paschae prox . futur . tenere , et vobiscum , &c. et hoc sicu● nos et ho●orem nostrum , ac commune commodum , et salvationem ●t defensionem regni ac ecclesiae praedictorum diligitis , nullatenus omittatis . praemunientes , &c. et quia propter arduitatem praedictorum negotiorum et celeriorem expeditionem eorundem volumus primo die parliamenti personaliter interesse ; nolumu● nec intendimus vos , aut aliquem alium ad dictum parliamentum summonitum , quin eodem primo die personaliter intersitis habere ullo modo excusato● , nec excusationem a vobis admittere aliqualem . teste rege apud westm. die februarii . per ipsum regem et consilium : consimilia brevia diriguntur subscriptis , mutatis mutandis , sub eadem data , viz. i. arch. eborum , bishops , abbots , and . prior. after which follows this . memorable writ in the same roll and dorso , to summon a convocation of the clergy . rex , &c. s. &c. cantuar. &c. ( verbatim ▪ a before , to vestrumque consilium impensuri . then follows this clause ; ) et quia praedicta negotia perquam ardua sine maxima deliberatione tam praelatorum et cleri , quam magnatum et communitatis ejusdem regni nullo modo expediri poterunt , ad quorum expeditionem auxilium et consilium tam a vobis et clero , quam a dictis magnatibus et communitate habere necessario nos oportet ; vobis rogamus mandantes , quatenus omnes episcopos et abbates , necnon decanos et priores , tam ecclesiarum cathedralium quam collegiatarum exemptos et non exemptos , archidiaconos et totum clerum vestrae provinciae apud ecclesiam s. pauli lond. in crastino s. georgii prox . sequent . convocari faciatis . ita quod dicti episcop● , &c. ( as before writ . ) apud dictam ecclesiam s. pauli in crastino s. georgii , cum continuatione et prorogatione dierum tunc sequentium quatenus dicta nego●ia id requirun● , intersint , ad tractand . et consulend ▪ super praemis is una nobiscum , et aliis per nos illuc mittendis : et hoc sicut nos et honorem nostrum , ac salva●ionem et defensionem dicti regni nostri , ac ecclesiae anglicanae diligitis , nullatenus omitta●is . teste rege apud westm. die februarii . per i ▪ sum regem . the . writ is thus enrolled , claus. ann● . ed. . m. . dorso . rex , &c. s. &c. archie● . cantuar. &c. quia pro quib●sdam arduis et urgentibus negot●is nos et statum regni nostri angliae , et necessariam defensionem ejusdem regni et ecclesiae anglicanae concernentibus , ordinavimus parliamentum nostrum apud westm. die lunae prox . post festum purificationis beatae mariae virginis prox . futur . tenere . et vobisc●m , &c. et hoc sicut nos et honorem nostrum , ac commune commodum et salvationem et defensionem regni et ecclesiae praedictae diligitis , nullatenus omit●atis . praemunie●tes , &c. et quia propter arduitatem negotiorum praedictorum ac celeriorem expeditionem eorundē volumus primo die parliamenti interesse , nolumus , nec intendimus vos aut aliquem alium ad dictum parliamentum summonitum , quin eodem primo die personaliter intersitis habere ullo modo excusa●os , nec excusationem à vobis admittere aliqualem . teste rege apud westm. die septembris . per ipsum regem et consilium . consimilia brevia diriguntur subscriptis , mutatis mutandis , sub eadem data , viz. i. arch. eborum , &c. bishops , abbots , and . prior. the . writ you may find in claus. anno e. . m. . dorso . rex , &c. s. &c. archiep. cant. &c. quia pro quibusdam arduis et urgentibus negoti●s nos et statum regni nostri angliae , et jura coronae nostrae angliae summe concernentibus , vobiscum , et cum caeteris praelatis , &c. die dominica prox . post festum s. margaretae virginis prox . futur . apud westm. colloquium habere volumus et tractatum . vobis mandamus in fide , &c. et hoc sicut nos et honore● nostrum , ac salva●ionem dicti regni nostri angliae , ac juriū coronae ejusdem regni diligitis nullo modo omittatis . teste rege apud westm. die iunii . per ipsum regem et ▪ con●silium . consimilia brevia diriguntur subscriptis sub eadem data ; viz. to bishops , abbots , . priors , and decano wellensi ; and none else of the clergy ; nor any writs to assistants , sheri●s , or the warden of the cinqueports for electing knights , citizens , burgesses , or barons of the cinqueports : therefore only a council , not a parliament ; as was this next ensuing : summoned by this writ , claus. anno e. . m. . dorso . rex , &c. s. &c. archiepiscopo ca●t . &c. cum pro expeditione guerrae nostrae franciae , ac sa●vatione et de●ensione regni nostri angliae , sumus ad partes transmarinas in prox . deo duce , personaliter profecturi : et thomam●ilium ●ilium nostrum carissimum custodem dicti regni nostri angliae , et locum nostri tenentem in eodem regno , dum nos sic absentari contigerit , vel alias nostrae placuerit voluntati consti●uimus , ac intimum in●ideat cordi nostro , quod pax noster in eodem regno inviolabiliter conserve●ur , et idem regnum ab hostium incursibus defendatur ; per quod ordinavimus , quod super praemissis et al●is arduis negotiis nos et statum dicti regni nostri concernentibus quoddam consilium praelatorum et aliorum magnatum et procerum eju●dem regni apud westm. die dominica prox . ante festum s. martini in prox . futur . teneatur . vobis in fide , &c. vestrumque con●ilium impensuri ; et hoc sicut nos et honorem nostrum , ac salvationem et defensionem dicti regni nostri , ac tranquillita●em pacis ejusdem diligitis nullo modo omittatis . teste rege apud sandwicum , die octobris . per ipsum regem et consilium . consimilia brevia diriguntur to . bishops , . priors , and . abbots , more ; . earls , and lords or great men , without any writs to assistants , sherifs , or warden of the cinque ports . the . is this writ in claus. anno e. . m. . dorso . rex , &c. s. &c. archiepisc. cantuar. &c. quia pro quibusdam arduis et urgentibus negotiis nos ac salvationem et desensionem regni nostri ▪ angliae summe coutingentibus , parliamentum nostrum apud westm. die veneris in cras●ino ascentionis domini prox . futur . tenere volumus , et ibide● vobiscum ▪ &c. mandamus , quod consideratis dictorum negotiorum arduitate et periculis imminentibus cessante excusatione quacunque dictis die et loco personaliter intersitis nobiscum , seu cum custode dicti regni nostri si tune contigerit nos abesse ; ac caeteris praelatis , &c. ne quod absit , per vestri absentiam , quam cess●nte impedimento legitimo et evidente , nullo modo excusatam habere volumus , expeditio negotiorum nostrorum praedictorum retar etur , seu aliqualiter differatur . praemunientes , &c. teste custode praedicto apud wes●m . die aprilis . per ipsum regem . eodem modo mandatum est sub eadem data , i. arch. eborum , &c. bishops . custodi spiritualitatis episcopatus covent . & li●hf . vacante et in m●n● regis ex●sten●e , abbots , and the prior of st. iohns hospital ierusalem . the . writ , you may peruse in claus. anno e. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. &c. quia pro quibusdam arduis et urgentibus negotiis nos et statum , et bonum regimen regni nostri angliae concernentibus , ordinavimus parliamentum nostrum apud westm. die dominica prox . ante festum conversionis s. pauli prox . futur . teneri , et vobiscum , &c. et hoc sicut nos et honorem nostrum , ac bonum regimen , ac commune commodum ejusdem regni diligitis , nullatenus omittatis . praemuniences , &c. et quia propter arduitatem negotiorum praedictorum , ac ce●eriorem expeditionem eoruudem volumus primo die parliamenti personali●er interesse , nolumus , &c. ( as before writ . ) teste rege apud westm. die novembris . per ipsum regem et consilium . consimilia brevia diriguntur i. archiepiscopo eborum , to . bishops more , abbots , and the prior of st iohns ierusalem . the . writ is inserted into claus. anno e. . m. . dorso . rex , &c. s. &c. archiep. c●ntuar . &c. quia super quibusdam arduis et urgentibus negotiis nos et statum regni nostri angliae concernentibus , parliamentum nostrum apud westm. in quindena s. michaelis prox . futur . teneri ordinavimus , et vobiscum , &c. et hoc sicut nos et honorem nostrum et expeditionem negotiorum diligitis nulla●enus omittatis . praemunientes , &c. scientes insu●e● , quod propter arduitatem negotiorum praedictorum procuratores , seu excusationem aliquam legitimo cessante impedimento pro vobis admittere nolumus ista vice . teste rege apud windesor die augusti . per ipsum regem . consimilia brevia diriguntur sub eadem data , i. archiep . eborum : to . other bishops : custodi spiritualitatis episcopatus lincoln . and likewise episcopa●us cicestriae sede vacante , abbots , and . priors . the . writ is extant , claus. anno e. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. &c. quia super quibusdam arduis , &c. ( as next before ) parliamentum nostrum apud westm. in octabis s. michaelis prox . futur . tenere ordinavimus , &c. praemunientes , &c. scientes insuper , &c. ( as next before . ) teste rege apud vvestm . . die iunii . per ipsum regem et consilium . consimilia brevia di●iguntur i. archiep. eborum , to other bishops , abbots , and priors . the . writ is entred in claus. an. e. . m. . dorso . rex , &c. i. &c. archiepisc. cantuar. &c. quia super quibusdam , &c. ac jure coronae nostrae concernentibus , parliame●tum nostrum apud vvestm . in octabis s. hillarii prox . futur . tenere ordinavimus , &c. praemunientes , &c. scientes insuper , &c. ( as in . before . ) teste rege apud vvestm . die decembris . per ipsum regem et consilium . consimilia brevia diriguntur iohanni archiepiscopo eborum . bishops more ; vicario generali episcopo cicestr . ipso episcopo in remotis agente . custodi spiritualitatis , episcopatus roffensis sede va●ante , de praemuniend . ut supra . abbots , and . priors . the . writ ( having one special clause differing from the former ) is registred , claus. anno e. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. &c. quia , &c. ac jura coronae nostrae concernentibus parliamentum nostrum apud vvestm . die lunae in crastino inventionis sanctae crucis prox . futur . tenere ordinavimus , &c. praemuni-entes , &c. scientes insuper , &c. et quia expeditio negotiorum praedictorum multum insidet cordi nobis , vos attente rogamus quatenus die dominica prox . ante dic●um diem lunae apud london esse velitis . ita quod eodem die lunae mane apud vvestm . vos cum aliis praelatis et magnatibus illuc tunc venturi esse valeatis ; quia eodem die parliamentum praedictum inchoare , et ibi●em personaliter e●●e volumus omni modo . teste rege apud vvestm . die ianuarii . per ipsum regem et consilium . consimilia brevia diriguntur , &c. archiepiscopo eborum . bishops , abbots and . priors . the . writ appears in claus. e. . m. . dorso . rex , &c. s. &c. archiep. cantuar. &c. quia , &c. parliamentum nostrum apud westm. primo die maii prox● futur . tenere ordinavimus , &c. praemunientes , &c. scientes insuper quod propter arduitatem , &c. teste rege apud westm. die februarii . per ipsum regem et consilium . consimilia brevia diriguntur , &c. iohanni archiep. eborum , bishops , abbots , and priors . the . writ is to be found claus. an e. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. &c. quia , &c. parliamentum nostrum apud westm. in octabis s. trinitatis prox . futur . tenere ordinavimus , &c. praemunientes , &c. scientes insuper , &c. teste rege apud westm. die aprilis . per ipsum regem et consilium . consimilia brevia , &c. iohanni archiepiscopo eborum , ● bishops , abbots , and priors . the . writ shews it self in claus. anno e. . m. . dorso . rex , &c. s. &c. archiepisc. cantuar. &c. quia super &c. nos et statum ac defensionem regni nostri angliae , ac jura coronae nostrae concernentibus , parliamentum nostrum apud westm. die lunae in prima septimana quadragesimae , viz. in festo s. matthaei apostoli prox . fu●ur . tenere ordinavimus , &c. praemunientes , &c. scie●tes insuper quod propter ardui●atem , &c. teste rege apud westm. . die ianuarii . per ipsum regem . consimilia brevia , &c. j. arch. eborum : bishops , custodi spiritualitatis episcopatus bangor , side vacante , abbots , and priors . the . writ , is visible in claus. anno e. . m. . dorso . rex , &c. w. archiepiscopo cantu●r . quia de avisamento consilii nostri ordinavimus , quod super arduis et urgentibus negotiis tam nos et-expeditionem guerrae nostrae ac juria nostra , et coronae nostrae in partibus transmarinis , quam statum et defensionem regni nostri angliae et ecclesiae anglicanae , contingenti●us , quoddam parliamentum apud westm. in quindena s. michaelis prox . futur . teneatur : et ibidem vobiscum , &c. colloquium et tractatus habeantur . vobis , &c. mandamus , quod consideratis dictorum negotiorum arduitate , et periculis imminentibus cessante quacunque excusatione dict is die et loco personaliter intersit is nobiscum , seu cum ricardo filio carissimi primogeniti nostri edwardi , principis aquitaniae et walliae , custode regni nostri angliae , et locum nostri tenente in eodem regno si tunc contigerit nos abesse , ac caeteris praelatis , magnatibus et proceribus , &c. et hoc s●cut nos et honorem nostrum , ac salvationem regni terrarum et jurium nostrorum praedictorum ac ecclesiae sanctae , expeditionemque di●●orum negotiorum diligitis nullo modo omittatis . ne quod absit , per vestri absentiam ( quam cessante impedimento legi●imo nullo modo excusatam habere volumus ) expeditio negotiorum nostrorum praedictorum retardetur , seu aliqualiter differatur , praemunie●tes , &c. teste custode praedicto apud walyngford . die septembris . per ipsum regem , ac dictum custodem et consilium . consimilia brevia di●iguntur , &c. archiepiscopo eborum , episcopis , abbatibus , prioribus , particularly named in the roll. the like writ issued to thomas bishop of durham ; but with this different clause next after consilium vestrum impensuri , viz. et quia m●dernis temporibus super salvationi et defensione marehiae scotiae istis mandato nostro multiplieiter occupati . vobis in fide , &c. mandamus , quod dictis negotiis et periculis perv os debitè ponderatis , si videritis quod ad parliamentum praedictum commodè pervenire non poteritis , tunc aliquem idoneum procuratorem in quo bene confiditis , de voluntate et intentione vestris plenius informatum loco vestro cum sufficiente potestate ad dictos diem et locum mittatis , ad consentiendum hiis quae tunc per dictos praelatos , comites , et alios proceres ordinari contigerit super negotiis antedictis . et hoc sicut de vobis confidimus , et nos et honorem nostrum et vestrum , recuperationem jurium nostrorum praedictorum , salvationemque et defensionem dicti regni nostri angliae diligitis nullatenus omittatis . praemunientes , &c. teste ut supra . per ipsum regem , ac dictum custodem ec consilium . consimile breve dirigitur thomae episcopo karliol . the . writ is thus trunsmitted to posterity , claus. anno e. . m. . dorso . rex , &c. w. &c. archiepiscopo cantuar. &c. quia de avisameato consilii nostri pro quibusdam arduis , &c. ( as in the . writ before ) quoddam parliamentum nostrum apud westm. in crastino s. edwardi regis prox . futur . tenere ordinavimus , &c. et hoc sicut nos , &c. ne quod absit , &c. praemunientes , &c. ( as in the said writ ) teste rege apud westm. die octobris . per ipsum regem et consilium . consimilia brevia diriguntur , &c. i. archiepiscopo eborum : . episcopis , abbatibus , prioribus , named in the roll. the . writ is thus registred , claus. anno e. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. &c. quia de avisamento consilii nostri , pro quibusdam , &c. nos et statum et defensionem regni nostri angliae , et ecclesiae anglicanae contingentibus , quoddaem parliamentum nostrum apud westm. duodecimo die februarii prox . futur . teneri ordinavimus , et ibidem vobiscum , &c. et hoc sicut nos et honorem nostrum , ac salvationem regni praedicti et ecclesiae sanctae , expeditionemque dictorum negotiorum diligitis nullatenus omitiatis . ne quod absit , &c. praemunientes , &c. teste rege apud langele die decembris . per ipsum regem et consilium . consimilia brevia diriguntur , &c. a. archiep. eborum , episcopis , abbatibus , and proceribus . the . writ is preserved in claus. an. e. . part . m. . dorso . rex , &c. s. &c. archiepiscopo cintuar . &c. quia de avisamento , &c. ( just as in . before ) quoddam parliamentum nostrum apud westm. in quindena s. hilarii prox . futur . teneri ordinavimus , et ibidem vobiscum , &c. et hoc sicut , &c. ne quod absit , &c. praemunientes , &c. ( as next before . ) teste rege apud westm. primo die decembris . per ipsum regem et consilium . consimilia brevia diriguntur , &c. alex. archiepiscopo eborum , episcopis , abbatibus , priori s. johannis jerusalem in anglia , priori de coventr . the . is this memorable writ in claus. . r. . m. . dorso . rex , &c. s. &c. archiepisc. cantuar. &c. cum inimici nostri inter se allegati et undique hostiliter congregati regnum nostrum angliae in pluribus locis per terram et per mare saepius invaserunt , mala quamplurima et intolerabilia nobis et ligeis nostris perpetrando , et non solum de hoc contenti , dictum regnum nostrum , ac ecclesiam sanctam nosque ac populum nostrum angliae de die in diem separant totis viribus subvertere et destruere , nisi ●orum malitiae adjuvante deo fortius resistatur : unde in salvationem status ecclesiae sanctae et regni ac populi pr●dictorum necessariam defensionem sumptus ac census et expensas inaestimabiles , et aliquo tempore praeterito magis solito graviores effundere nos oportet . verum quia de copia the sauri vel bonorum in primordiis nostri regiminis nec mirum penitus alieni ad ipsorum onerum et sumptuum supportationem absque juvamine fidelium nostrorum non sufficimus sicut scitis . vobis in fide et d●lectione quibus nobis tenemini rogando mandamus ▪ quatenus consideratis tam arduitate negotiorum praedictorum , quam grandibus periculis quae ecclesiae et regno praedicto oculata fide , imminere conspicitis , attentis , et debite consider atis , suffraganeos vestros , decanos et priores cathedralium ecclesiarum , abbates , priores et alios electivos , exemptos et non exemptos , necnon archidiaconos , capitula , conventus , et collegia , totumque clerum cujuslibet dioc. dictae vestrae provinciae ad comparend . coram vobis in ecclesia s. pauli london . vel alibi prout expedire videritis ad breviorem diem quam poteritis more solito convocari fac . et eis dictis negotiis et periculis ibidem plenius expositis et declaratis , ipsos ad subsidium in hoc casu competens et necessarium in supportationem dictorum onerum et sumptorum nobis concedendi eo specialius et cum efficatia qua magis sciveritis vel poteritis tanta necessitate causante inducatis , et partes vestras ad hoc effectualiter apponatis ; nos in cancellaria nostra de quantitate subsidii illius certificantes . et hoc sicut nos et honorem nostrum ac salvationem et defensiontm ecclesiae et regni praedictorum diligitis nullatenus omittatis . teste meipso apud westm. die septembris . consimile breve dirigitur a. arch. eborum , angliae primati , de clero convocando in ecclesia beati petri ebor. the . writ , is this of claus. anno r. . dorso . running in the ordinary form except in one particular clause . rex , ven . &c. s. archiep. cantuar. &c. quia cum regni et populi nostri divina permissione suscepto regimine , de avisamento consilii nostri pro quibusdam arduis et urgentibus negotiis nos et jura coronae nostrae , ac statum , salvationem et defensionem regni et populi praedicti ac ecclesiae anglicanae contingentibus , quoddam parliamentum nostrum apud west . in quindena s. michaclis prox . futur . teneri ordinavimus ; et ibidem vobiscum , &c. ne quod absit , &c. praemunientes &c. t. rege apud westm. die augusti . per ipsum regem et consilium . consimilia brevia diriguntur subscriptis sub eadem data v●z . alexandro archiep. eborum electo , &c. bishops and abbots , with the priors of st iohns ierusalem , and coventre . the . writ is thus entred in the ordinary usual form , claus. anno r. . m. . dorso . rex , &c. s. &c. archiep. cantuar. &c. quia de avisamento , &c. statum et defensionem regni nostri angl. et eccles. anglicanae contingent . quoddam parliamentum nostrum apud westm. in quindena paschae prox . futur . teneri ordinavimus &c. ne quod absit per vestri absentiam ( quam nisi tanta infirmitate tunc detenti sueritis quod aliqualiter illuc laborare non poteritis nullo modo excusatam habere volumus ista vice ) expeditio . &c. praemunientes , &c. t. r. apud westmon . die febr. per ipsum regem et consilium . consimilia brevia , &c. are issued alex. archiep. eborum , and to . bishops , . abbots , and . priors . the . is this memorable writ recorded claus. r. . m. dorso . rex , &c. s. &c. archiep. cantuar. &c. qualiter inimici nostri franciae , et alii sibi cohaerentes inter se colligati et undique hostiliter congregati regnum nostrum angl. perter●a et per mare saepius invaserunt , mala quamplurima et intollerabilia nobis et legiis nostris inferendo , et non solum de hoc contenti dictum regnum nostrum et ecclesiam sanctam , nosque et totam linguam anglicanam subvertere et destruere de die in diem totis viribus se conantur nisi eorum malitiae adjuvante deo fortius resistatur , vos non credimus ignorare ; unde in salvationem , &c. ( as claus. r. . m. . before , to omittatis . ) teste rege apud westm. . die decembris . consimiles literae dirigunt ur alex. archiep. eborum , angliae primati ad convocandum clerum in ecclesiae beati petri eborum . teste ut supra . the . writ is thus recorded in the usual form , claus. r. . m. . dorso . rex , &c. s. &c. archiepiscopo cantuar. &c. quia de avisamento &c. quoddam parliamentum nostrum apud westm. die lunae prox . post festum s. hilarii prox . futur . teneri ordinavimus , &c. ne quod absit , as last before ; praemunientes , &c. teste rege apud westm. die octobris . consimiles literae diriguntur alex. arch. eborum : episcopis , abbatibus , prioribus . the . writ is that in usual form of claus. r. . rex , &c. s. &c. archiepiscopo cant. &c. quia , &c. quoddam parliamentum nostrum apud northampton die lunae prox . post festum omnium sanctorum prox . futur . teneri ordinavimus , &c. nullatenus omittatis . ne quod absit pro vestri absentiam ( quam nisi tanta infirmitate detenti fueritis quod aliqualiter illuc laborare non poteritis nullo modo excusatam habere volumus ista vice ) expeditio dictorum negotiorum nostrorum retardatur aut aliqualiter differatur . praemunientes , &c. t. rege apud westm. die augusti . per ipsum regem et consilium . consimiles literae diriguntur subscriptis sub eadem data , viz. a. arch. eborum , &c. bishops , abbots , priors . the . is this observable writ in claus. r. . m. . dorso . rex , &c. w. &c. archiepiscopo cant. &c. satis est vobis , sicut et caeteris praelatis , proceribus , aliisque dominis subditis nostris regni nostri manifestum , qualiter in ultimo parliamento nostro vos domini , magnates et communitates regni nostri angliae quoddam subsidium de lanis cariis et pellibus laniatis nobis gratanter concesserunt ad certum tempus futur . percipiend . ad effectum quod de denariis de subsidio praedicto provenientibus aliqua ordinatio , sive aliquod viagium pro defensione terrae nostrae , et gravamine inimicis nostris publicis inferend . et celeriori acceleratione finis guerrae magis expediens fieri ac parari possit , et effectualiter provideri . ac nos super executione effectus praedicti assistentibus nobis quibusdam magnatibus , dominis et peritis de consilio nostro , efficacissime recolentes eorum nunc propositum , ad partes exteras ex causis praemissis , volente deo , cum sufficienti comitiva personaliter transfretare ; nos advertentes hujusmodi propotum nostrum absque chevantia competenti ad optatum finem commode deduci non posse , et ut in absentia nonostra pro expedienti et necessario regimine regni nostri debitè provideatur , necnon qualiter dicta chevantia quietus et citius fieri , ac creditoribus nostris in hac parte melior & firmior securitas solutionum dari poterit et vallari , volentes prospicere prout decet , disposuimus de avisamento consilii nostri praedicti in crastino sancti iohannis ante portam latinam prox . futur . quoddam parliamentum nostrum apud westm. tenere , et vobiscum , &c. ne quod absit , &c. ( as next before . ) praemunientes , &c. t. rege apud westm. die martii . per ipsum regem et consilium . consimilia brevia diriguntur , &c. a. arch. eborum , &c. other bishops mutatis mutandis , abbatibus , priori de coventre . the writ i find in claus. r. . m. . dorso . rex , custodi spiritualitatis archiepiscopatus cantuar. sede vacante . quia de avisamento , &c. quoddam parliamentum nostrum apud westm. die lunae prox . post festum exaltationis sancta crucis prox . futur . teneri ordinavimus , &c ne quod absit , &c. ( as before in the two last writs ) praemunicutes , &c. t. rege apud villam de s. alban . die julii . per ●ipsum regem . consimilia brevia , &c. a. arch. eborum , &c. episcopis , custodi spiritualitatis episcopatus dunolm . sede va●ante , abbatibus , priori de coventre . the . is this memorable writ in claus. r. , part . m. . dorso . rex , w. archiep. cantuar. &c. quia referente fama publica ad nostrum pervenit certitudinaliter intellectum , quod carolus , adversarius noster franciae principalis , subjugata sibi maxima parte flandriae , quae de amicitia nostra existebat , ad obsidend . jam villam nostram cales , et alia mala , dampna et gravamina nobis et regno nostro angliae undique inferend . et fieri procurand . totis viribus se festinat , omnique dilig●ntia machinatur . nos maliciae dicti adversarii nostri resistere , et h●jusmodi ob●idionem , si quae ibidem , quod absit , fieret in event● , favente domino removere , necnon circa recuperationem juris nostri quod ad coronam et regnum franciae notori● obtinemus , ac circa defensionem dicti regni no●●ri et ecclesiae anglicanae meliorem laborare e● intendere , relevamenque et succursum amicis et fidelibus nostris circumquaque fa●ere et praebere cupientes , ●e consilio et assensu quamplurimoru● praelatorum , procerum , magnatum , dominorum , militum , burgensium e● merca●orum dicti regni nostri , ad consilium nostrum ex hac causa evocatorum , sumus in proposito in propria per●ona nostra ad partes transmarinas cum comitativa procerum , magnatum et nobilium plurimorum manu forti , volente domino proficisci . et ut hujusmodi propositum nostrum felicem sortiatur effectum , ac nobis in remotis agentibus pro expedien●i et necessario regimine dicti regni nostri debite provideatur ; et interim tam inimicis nostris ispann . quam aliis quibuscunque , si regnum nostrum praedictum hosti●iter invadere praesum , serint , fortiter et viriliter ut oportet , et prout maxime insidet cordi nostro resistatur ; disposuimus de consilio et assensu praedictis die lunae in tertia septimana quadragesimae prox . futur . quod dam parliamentum nostrum apud westm. tenere , et vobiscum , ac cum caeteris praelatis , proceribus , dominis , et communitate dicti regni nostri super praemissis et aliis urgen●ibus causis , statum , regnum et honorem nostra concernentibus colloquium habere et tractatum : vobis igitur in fide et dilectione , &c. quod considerata dictorum negotiorum arduitate , cessante quacunque excusatione dictis die et loco personaliter intersitis nobiscum , ac cum praelatis , proceribus , et prioribus praedictis super dictis negotiis tractaturi , vestrumque consilium impensuri . et hoc sicut nos et honorem nostrum , ac salvationem regni et ecclesiae praedictorum diligitis , nullatenus omittatis . ne quod absit , &c. ( as before . ) praemunientes , &c. t. r. apud westm. . die ianuarii . per ipsum regem et consilium . consimilia brevia diriguntur , &c. a. arch. eborum . &c. bishops , custodi spiritualitatis episcopatus landaven . sede vacante , . abbatibus , . prioribus . the . is this usual writ , i meet with in claus. r. . part . . m. . dorse . rex , &c. w. archiep. cant. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. die lunae in octabis sancti michaelis prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. r. apud wodestock . die augusti . per ipsum regem . cons. brevia diriguntur a. arch. eb●rum . episcopis , custodi spirit . episcopatus assaven . sede vacante , abbatibus , prioribus . the . writ is recorded in claus. r. . m. . dorso . rex , &c. w. &c. archiepisc. cantuar. quia de avisamento , &c. quoddam parliament ▪ nostrum apud novam sarum die veneris prox . post festum s. marci evangelistae prox . futur . tenere ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. r. apud westm. die marcii ▪ per ipsum regem et consilium . consimilia brevia , &c. a. arch. eborum , &c. episcopis , . abbatibus , . prioribus the . is this uncommon writ of claus. an. r. . m. . dorso . rex , &c. w. archiepi●c . cant. &c. quia de assensu et deliberatione consilii nostri pro certo tractatu super pace inter nos , et regnum , terras , dominia ac ●ubditos nostros ex una parte , et magnificum principem robertum consanguineum nostrum scot●ae , et ejus terras , dominia , et subditos ex alia , favente domino facienda , mediante consilio et assens● vestris , ac aliorum praelatorum , procerum , magnatum ac communitatis regni nostri angliae ineundo , ac pro aliis arduis et urgentibus negotiis , nos , statum et defensionem regni nostri praedicti ecclesiaeque anglicanae multipliciter contingentibus , disposuimus die lunae prox . ante festum omnium sanctorum prox . futur . quoddam parliamentum nostrum apud westm. tenere , &c. ne quod absit , &c. praemunientes , &c. t. r. apud westm. . die aug. per ipsum regem et consilium . consimilia brevia diriguntur a. archiep. eborum . &c. . episcopis , h. episcopo norwicen . vel ejus vicario generali ipso in remotis agente , abbatibus , prioribus . the . writ is this of claus. r. . m. . which is observable . rex , &c. w. &c. archiep. cantuar. &c. qualit●r inimici nostri franciae , et alii sibi adherentes in se obligati et undique hostiliter congregati regnum nostrum angliae per terram et mare saepius invaserunt , mala quam plu●ima et intolerabilia nobis et ligeis nostris inferendo , et non solum de hoc contenti dictum regnum nostrum et ecclesiam sanct●●m , nósque et totam linguam anglicanam subvertere et destruere de die in di●●m totis viribus se conantur , nisi corum maliciae adjuvante deo fortius resistatur , vos non credimus ignorare . unde in salvationem status dictae ecclesiae , ac regni ac populi nostrorum necessariam defensionem sumptus ac census , et expensas inestimabiles effundere nos oportet . verum quia ad horum onerum et sumptuum supportationem absque juvamine fidelium nostrorum non sufficimus sicut scitis , vobis in fide et dilect ione quibus nobis tenemini rogando mandamus , quatenus tam arduitate negotiorum praedictorum , quam grandibus periculis quae ecclesiae et regno praedictis ●culata fide imminere conspicitis , attentis et debite consider atis ; suffraganeos vestros decanos , et priores ecclesiarum cathedralium ▪ abbates , pri●res , et alios electivos , exemptos et non exemptos , necnon archidiaconos , capitula , conventus & collegia totumque clerum cujuslibet diocaesis vestrae provinciae ad comparend . coram vobis in ecclesia s. pauli london , vel alibi prout vobis expedire videritis , in crastino s. martini prox . futur . more solito convocari fac . et eis dictis negotiis et periculis ibidem plenius expositis , et declaratis , ipsos ad subsidium in hoc casu competens et necessarium , in supportationem dictorum onerum et sumptuum nobis concedend . co●specialius et cum efficacia qua m●gis sciveritis vel poteritis tanta necessitate causante inducatis , et partes vestras ad hoc effectualiter apponatis ; nos in cancellaria nostra de quantitate subsidii illius , ac de terminis solutionis ejusdem certificantes . et hoc sicut nos & honorem nostrum ; et salvationem et defensionem ecclesiae et regni praedictorum diligitis nullatenus omittatis . t. r. apud westm. . die octobris . consimile breve dirigitur venerabili in christo patri a. arch. eborum , angliae primat● . t. ut supra . the . is this common writ in claus. r. . m. . dorso . rex , &c. w. &c. archiepisc. cant. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. in crastino s. martini prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. r. apud westm. . die septembris . per ipsum regem et consilium . consim . brevia diriguntur , &c. a. archiep. eborum , episcopis , abbatibus , prioribus . the . writ is in claus. r. , m. . dorso . rex , &c. w. &c. archiepisc. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. die venetis prox . post festum sancti lucae evangelistae , prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. r. apud westm. . die septembris . per ipsum regem et consilium . consim . brevia , &c. a. archiep. eborum , episcopis custod . spiritualitatis episcopat . cicestr . et coventr . sede vacante , . abbatibus , , prioribus . the ▪ is the writ in claus. . r. . m. . dorso . rex , &c. w. &c. archiep. cant. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. primo die octobris , prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. teste rege apud oseneye . die augusti . per ipsum regem et consilium . consimilia brevia , &c. a. archiepiscopo eborum . episcopis , custod . episcopatus landaven . et bathon . et wellen. sede vacante , abbatibus , prioribus . the . writ is that in claus. r. . m. . dorso . rex , &c. w. &c. archiep. cantuar. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. crastino purificationis beatae mariae virginis prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. rege apud windesore , die decembris . per ipsum regem . consim . brevia , a. archiep. eborum . episcopis , abbatibus , priori de coventr . the . writ is that in claus. anno r. . m. . dorso . rex , &c. w. &c. archiepiscopo cant. quia de avisame no consilii , &c. quoddam parliamentum nostrum apud cantebrigg . in crastin . nativitatis bea●e mariae . prox . futur . teneri ordinavimu● , &c. ne quod absit , &c. praemunientes , &c. t. rege apud oxon. die iulii . per ipsum regem et consilium . consimilia brevia , &c. custodi spiritualitatis aroh . eborum , sede vacante , episcopis , abbatibus , prioribus . the . is the writ in claus. r. . parte . m. . dorso . rex , &c. w. &c. archiepisc. cantuar. &c. quia de avisamento , &c. quoddam parliamentum nostrum aapud westm. die lunae prox . post festum s. hillarii prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. r. apud redyng . die novembr . consimilia brevia , &c. th. archiepisc. eborum , episcopis . custodi spiritualitatis episcopatus cicestr . et roffen . sede vacante . abbatibus , prioribus . the . is claus. r. . m. . dorso . rex , &c. w. &c. archiepisc. cant. quia de avisamento , &c. quoddam parliamentum nos●rum apud westm. in crastino s. martini prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. r. apud westm. die septembr●s . per ipsum regem et consilium . consimilia brevia th. arch. eborum , episcopis , abbatibus , prioribus . the . writ is in claus. r. . m. . dorso . rex , &c. w. &c. archiepisc. cantuar , &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. in crastino animarum prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunien●es , &c. teste r. apud westm. die septembr . per ipsum regem et consilium . consimilia brevia , &c. th. arch. eborum , episcopis , abba●ibus , prioribus . the . is the writ in claus. anno r. . m. . dorso . rex , &c. w. &c. archiep. cant. &c. quia de avisamento , &c. quoddam parliamentum nos●rum , apud wynton in octabis s. hillarii prox . futur . tenere ordinavimus , &c. ne quod absi● , &c. praemunientes , &c. t. r. apud eborum die novembris . per ipsum regem et consilium . consim . brevia , &c. th. archiepisc. eborum , episcopis , abbatibus , prioribus . the . is that in claus. an. r. . m. . dorso . rex , &c. w. &c. archiepiscopo cantuar. &c. qui de avisamento , &c. quodd●m parliamentum no●trum apud eborum . in crastino translationis s. edwardi regis tenere ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. r. apud wyndesore die iulli . per ipsum regem et confilium . consimilia brevia , &c. th. archiepiscopo eborum , episcopis , abbatibus , prioribus . the . is the usual writ entred in claus. anno r. . m. . dorso . rex , &c. w. &c. archiepiscopo cantuar , &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. in quindena s. hillarii prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. r. apud westm. die novembris . per ipsum regem et consilium . consim . brevia , th. archiepiscopo eborum , episcopis , abbatibus , priori de coventre . the . common writ is registred in claus. an. r. . m. . dorso . rex , &c. w. &c. archie●isc . cant. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. in quindena s. hillarii prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. edmundo duce eborum custod . angliae apud west ▪ die novembris . per ipsum regem et consilium . consim . brevia th. archiep. eborum , episcopis ; custodi spirit . episcopatus assaven . abbatibus , . prioribus . the . writ is registred in claus. r. . m. . dorso . rex custodi spiritualit●●is archiepiscopatus cantuar. sede vacante salutem . quia de avisamento , &c. quoddam parliamentum nostrum apud westm in festo s. vincentii prox . futur . teneri ordinavimus , &c. ne quod absit , &c. praemunientes , &c. t. r. apud westm. . die novembr . per ipsum regem . consim . brev●a diriguntur . &c. thomae arch. eborum , &c. episcopis , abbatibus , prioribus . the . writ is in claus. r. . m. . dorso . rex , &c. thomae arch. cant. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. die lunae prox . post festum exaltationis sanctae crucis , prox . futur . teneri ordinavimu● , &c. ne quod absit , &c. praemunientes , &c. t. r. apud westm. die iulii . per ipsum regem et consilium . consim . brevia diriguntur a. archiepiscopo eborum , episcopis , abbatibus , prioribus there named . the . is claus. . r. . m. . dorso . rex , &c. th. &c. arch. cant. &c. quia , &c. parliamentum nostrum apud westm. in crastino s. michaelis , proz . futur . &c. praemunientes , &c. t. rege apud c●stre . die aug. per ipsum regem et consilium . consimilia brevia arch. eborum . episcopis , abbatibus , prioribus . the . writ is enrolled in claus. anno h. . m. . dorso . rex ▪ &c. thomae , &c. cantuar. archiepiscopo , &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. in festo sanctae fidei virginis prox . futur . teneri , &c. ( in the usual form . ) t. r. apud westm. die decembris . per ipsum regem et consilium . consimilia brevia diriguntur r. archiep. eborum . episcopis , abbatibus , prioribus , inserted among the abbots names . the . writ is that of claus. . h. . dors . . rex , &c. th. &c. archiepiscopo cantuar. &c. quia &c. quoddam parliamentum nostrum apud westm. die lunae prox . ante ●estum purificationis beatae mariae prox . futur . teneri , &c , praemunientes , &c. t. rege apud westm. die decembris . per ipsum regem . consimilia brevia archiep. ebor. episcopis , abbatibus , prioribus . the . is in claus. ▪ h. . m. . dorso . rex , &c. t. archiepisc. cant. &c. quia , &c. quoddam parliamentum nostrum apud coventre . die decembris prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm. die octobris . consimilia brevia archiepiscopo eborum , episcopis , abbatibus , prioribus . te . is entred in claus. h. . m. . dorso . rex , &c. t. archiepiscopo cantuar. &c. quia , &c. quoddam parliamentum nostrum apud covent● . die febr. prox . fu●ur . ten●ri , &c. praemunientes , &c. t. rege apud westm. die decembris . consimilia brevia custodi spiritual . archiepiscopa●us eborum : et episcopatus roffen . sede vacante , episcopls , abbatibus , prioribus . the . writ is in claus. h. . m. . dorso : rex , &c. th. arc●iepis● . cantuar. &c. quia , &c. quoddam parliamentum nostrum apud gloucestr . die octobris prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm. die augusti . per breve de privato sigillo . consimilia brevia custodi spiritual . archiepis . ebor . custodi spirit . episc. norwi● . custodi spirit . episc. meneven . sede vacante , episcopis , abbatibus , prioribus . the . writ is that of claus. h. . m. . dorso . rex , &c. th. archiepisc. cantuar. quia , &c. quoddam parliamentum nostrum apud bristoll in quindena s. hillarii prox ' futur . teneri , &c. praemunientes , &c. t. rege apud westm. die octobr. consimilia brevia h. archiepiscopo ebor : episcopis , abbatibus prioribus . the . writ is in claus. h. . m. . dorso . rex , &c. th. archiepis . cantuar. quia , &c. quoddam parliamentum nostrum apud westm : in crastino animarum prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm : die septembris . consimilia brevia h. arch. ebor. episcopis , abbatibus , prioribus . the . writ is that of claus. h. . dorso . rex , &c. th. arch. cant. quia , &c. quoddam parliamentum nostrum apud westm. in crastino purificationis beatae mariae . prox . futur . teneri , &c. praemunieutes , &c. t. rege apud westm. ● . die decembr . per ipsum regem et consilium . consimilia brevia , h. archiepisc. ebor. episcopis , abbatibus , prioribus . the writ is in claus. h. . m. . dorso . rex , &c. thomae archiep. cantuar. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud leicestr . die ianuarii prox . futur . teneri ordinavimus , &c. praemunientes , &c , t. rege apud westm. . die decem●ris . consimilia brevia diriguntur h. arch. eborum , episcopis , abbatibus , prioribus . the writ is extant in claus. h. . m. . dorso . rex , &c. thomae , &c. archiep. cant. &c. quia de avisamento &c. quoddam parliamentum nostrum apud vvestm . à die paschae prox . futur . in tres septimanas teneri ordina●imus , & c● . praemunientes , &c. t. r. apud vve●tm . die martii . consimilia brevia diriguntur , &c. h. arch. eborum . episcopis , abbatibus , prioribus . the . is registred claus. h. . m. dorso . rex , &c. h. &c. arch. cantuar. quia &c. quoddam parliamentum nostrum apud vvestm . die lunae prox . post octab. s. martini prox . futur . teneri , &c. praemunientes , &c. t. rege apud vvestm . die septembr . consimilia brevia h. archiep. ebor. episcopis , custodi spiritual . episcopatus covent . et litchf . abb●●bus , prioribus . the . is in claus. h. . m. dorso . rex &c. h. archiep. cantuar. quia , &c. quoddam parliamentum nostrum apud westm. die lunae prox . post festum s. lucae evangeli●●●● prox . futur . teneri , &c. praemuni●ntes , &c. te●●e iohanne duce beaf . custod . angliae apud westm. die augusti . consim . brevia dirig●ntur h. arch. ebor. episcopis , n. episcopo ba●hon . et wellen. ●ive ejus vicario generali ipso episcopo in remotis agente . the like r. episcopo norwicen . and r. episcopo sarum , vel ejus vicar . generali , &c. custodi spiritual . episcopatus cicestr . abbatibu● , prioribu● . the . is that of claus. h. . m. dorso . rex , &c. h. archiep. cantuar. quia quoddam parliamentum nostrum apud westm. die octobr. prox . futur . teneri ordinavimus , &c. praemunien●es , &c. t. rege apud sandwicum . die septemb. consimilia brevia h. archiepisc. ebor. episcopis , episcopis london , bath & wells , norwich , sarum , coventre & lichf . sive ejus vicario generali ipso episcopo in remotis agente . custodi spiritual . episcopatus cicestr . sede vacante ; abbatibus , prioribus . the . writ is in claus. h. . m. . dorso . rex , &c. h. archiep. cantuar. quia , &c. quoddam parliamentum nostrum apud westm. die novembris prox . futur . teneri . praemunientes , &c. teste iohanne duce bedford . custode angllae apud westm. . die octobr. consimilia brevia h. archiepisc. ebor. . episcopis , episcopis , si●● eorum vi●a●io gen . ( as before . ) custodi spiritual . episcopatus cicestr . et . sarum . abbatibus , priori de cov●ntre . the . is claus. h. . m. . dorso . rex , h. archiepiscopo cant. qui● , &c. quoddam parliamentum nostrum apud westm. die octob. prox . futur . teneri , &c. praemunientes , &c. teste iohanne duce bedf. custode angl. apud westm. die augusti . consim . brevia h. archiepisc. ebor. episcopis , custod . spirit . episcopatus wigorn , et roffen : i. episc. coventr . et lichf . sive ejus vicario generali , ipso episco●o in remotis agente , abbatibus , priori de coventre . the . is in claus. h. . m. . dorso . rex &c. h. archiep. cantuar. quia , &c. quoddam parliamentum nostrum apud westm. . ●●e may prox . futur . teneri , &c. praemunien●es , &c. t. rege apud westm. die febr. cons. brevia h. arch. ebor. episcopis . custodi spirituali . episcopatus cicestr . sede vacante . t. episc. hereford , vel ejus vicario general● ipso epi●copo in remotis agente , abbatibus , priori de coventre . the . is inrolled , claus. h. . nu . . dorso . rex , &c. h. archiepisc. cant. &c. quia quoddam parliamentum nostrum apud westm. . die decembris , prox . futur . &c. proemnnientes , &c. teste iohanni duce bedf. custode angliae apud westm. die octobris . per ipsum regem et consilium . consimilia brevia h. archiep. ebor. episcopis , custodi spiritual . episcopatus london . & roffen . sede vacante , episcopo heref. et cicestr . vel ejus vicario generali ipso episcopo in remotis agente , abbatibus , priori de coventre . the . writ in ordinary form , is registred in claus. h. . m. . dorso . rex , &c. h. archiepisc. cantuar. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. die lunae prox . ante festum s. marti●● . prox . futur . teneri ordinavimus , &c. praemunientes , &c. t. rege apud wyndesore die septembris . per ipsum regem et consilium . consimilia brevia diriguntur h. arch. eborum . episcopis , abbatibus , priori de coventre . the . is recorded in claus. h. . m. . dorso . rex , &c. h. archiepisc. cantuar. quia , &c. quoddam parliamentum nostrum apud westm. . die octob. prox . futur . teneri , &c. premunientes , &c. t. rege apud westm. die septembris . per breve de privato sigill● . consim . brevia h. archiepisc. ebor. episcopis , episcopis , vel eorum vicario genera●i , &c. custod . spiritual . episc. bangor . sede vacante , abbatibus , priori de coventre . the . writ is in claus. h. . m. . dorso . which hath some variation from the former . rex , &c. h. archiepiscopo cantuar. &c. salutem . quia nos jam dum in annis degimus teneris an pax et justitia ubilibet inter ligeos nostros regni nostri angliae , sine quarum observatione regnum aliquod prospicere ( non pote●● ) debi●e conserventur et exhibeantur necne , per avisamentum consilii nostri decrevimus experiri ; quoddam parliamentum nostrum apud west monast . ultimo die aprilis prox , futur . teneri or inavimus , ac ibidem vobi●cum , ac●cum caeteris prala●is , magnatibus et proceribus dicti regni nostri super prae●issi , et quibusdam alijs arduis et urgentibus n●go●iis , no● , statum , et defensionem dicti regni nostri ac ecclesiae anglicanae contingentibus , colloquiu●●● bere et tractatum . vobis in fide et dilectione quibus nobis tenemini sirmiter injungendo mandamus , q●od consi●e ra●is dictorum negotiorum arduitare et periculis immin●ntibus , ce ●a●re quacunque ●xcula ion● , dictis die et loco persona●iter intersit is nobiscu●● , acc●m cae●eris praelatis magnatibu● et proceri●us praedictis , super dictis negotiis tractaturi , vestrumque consilium impe●s●ri . et hoc sicut no● et honorem nostrum , ac salvationem et defensionem regni e● ecclesiae praedictorum , expeditionemq●e● dictorum negotiorum diligi is nu●●atenus omit●a is . praemunientes , &c. t. rege apud westm. die febr. consim . brevia custod . spirit●ual . archiepisc. ebor. and so episcopatus bathon . et w●llen . l●ncoln . et b●ngor . sede 〈◊〉 , . episcopis . t. episc. cicestr . vel ejus vicar . gen . &c. abbatibus , priori de coventre . the . writ i finde in claus. h. . dorso . . rex , &c. h. archie● . cant. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud leicestr . die februar . prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm. die ianuarii . consim . brevia custod spirit : archiepisc , ebor. episcopatus lincoln , elien . bangor . norwic. ●ede vacante , episcopis , abbatibus , priori de coventre . the . is this of claus. h. . m. . dorso . rex , &c. h. archiep. cantuar. quia , &c. quoddam parliamentum nostrum apud westm. in quindena s. michaelis prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm. die iulii . per consilium . consimilia brevia i. arch. ebor. episcopis , custodibus spirit . sede vacante h. episc. wynton , vel ●jus vicar . gen . &c. . abbatibus , priori de coventre . the . is in claus. h. . m. . dorso . rex , &c. archiepisc. cant. quia , &c. quoddam parliamentum nostrum apud westm. in quindena s. mich. prox . futur . teneri , &c. praemunientes , &c. t. r. apud westm. die julii . per breve de privato sigillo . consim . brevia i. archiepisc. ebor. episcopis , custodi spirit . episc. vel eorum vicar . generali , &c. abbatibus , prioribus . the . writ is that of claus. h. . dorso . rex , &c. h. archiepiscopo cantuar. quia , &c. quoddam parliamentum nostrum apud westm. die veneris prox . ante festum s. hillarii prox . futur . teneri , &c. praemunientes , &c. teste humfrido duce gloucestr . custodi angliae apud westm. die novembr . per breve de privato sigillo . consim . brevia i. archiepisc. ebor. episcopis , episcopo winton . vel ejus vic. gen . &c. custodi episc. cicestr . sede vacante , abbatibus , prioribus . the . is in claus. h. . m. . dorso . rex , &c. h. arch. cant. quia , &c. quoddam parliamentum nostrum apud westm. die maii prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm : die feb. per breve de privato sigillo . consimilia brevia , &c. i. archiepiscopo eborum , episcopis , episc. vel ejus vic. gen. &c. abbatibus , prioribus . the . is that of claus. h. . m. . dorso . rex , &c. h. archiep. cant. &c. quia , &c. quoddam parliamentum nostrum apud westm. die iulii . prox . futur . teneri , &c. praemunientes , &c. t r. apud westm. . die maii. per breve de privato sigillo . consim . brevia , i. archiep. eborum , episcopis , episc. vel ejus vic. gen . &c. custodi . spirit . episc. assaven . sede vacante , abbatibus , prioribus . the . is that in claus. h. . m. . dorso . rex , &c. h. archiepiscopo cantuar , &c. quia , &c. quoddam parliamentum nostrum apud westm. die . octobris , prox . futur . teneri , &c. praemunientes , &c. t. r. apud westm. die iulii . consim . brevia i. archiep. eborum , vel ejus vicar . gen . &c. and so to . bishops more , episcopis , abbatibus , prioribus . the . is that of claus. h. . dorso . rex , &c. h. archiepisc. cant. &c. licet ●uper de avisamento et assens● consilii nostri pro quibusdam arduis , &c. quoddam parliamentum nostrum apud cant. . die ianuarii , prox . futur . teneri ordinavimus , quibusdam tam encertis de causis , nos intime con●ernentibus parliamentum praedict . &c. praemunientes , &c. t. rege apud west , die decemb. per breve de privato sigillo . consim . brevia episcopis , custod , spirit . sede vacante , abbatibus , prioribus . the . is in claus. h. . mem . . dorso . rex , h. archiepisc. cant. quia , &c. quoddam parliamentum nostrum apud westm. in crastino s. martini , prox . futur . teneri , &c. praemunientes , &c. t. rege apud guildeford , die septemb. per ipsum regem . consim . brevia i. archiep. ebor. vel ejus vic. gen . &c. h. episcopo winton , c●rdinali angliae vulgariter nuncupato , vel ejus vic. gen . ipso episcopo in remotis agente . administratori episcopatus elien . vel ejus vicar . gener . ipso adminini●ra● . in remotis agente , episcopis , abbatibus , prioribus . the . is extant in claus. h. . m. . dorso . rex , &c. h. archiepisc. cant. &c. quia pro quibusdam a●●uis , &c. quoddam parliamentum nostrum in die conversionis s. paul● , prox . futur . teneri , &c. praemunientes , &c. t. r. apud m●nerium sum de sheue , die decembris . per ipsum regem . consimilia brevia i. cardinali et archiep. ebor. angliae primati ; h. cardinali angliae , et episcopo wynton . episcopis , administratori episcopatus elien . vel ejus vicar . gener . ipso administrat : in remotis agente , abbatibus , priori de coventre . the is that of claus. h. . m. . dorso . rex , &c. i. archiep. cantuar. &c. quia pro quibusdam , &c. quoddam parliamentum nostrum apud westm. die febr. prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm. die ianuarii . per ipsum regem . consim : brevia i. cardinali et archiep. eborum . angliae prima●● ; h. cardinali angliae , et episcopo wynton . episcopis , abbatibus , prioribus . the . is in claus. h. . m. . dorso . rex , &c. i. archiep. cant. quia de avisamento , &c. quoddam parliamentum nostrum apud villam nostram cantebrigg . in die sanctae scholasticae , viz. die febr. prox . futur ' teneri , &c. praemunientes , &c. t. r. apud westm. die decembris . per ipsum regem et consilium . consim . brevia i. cardinali et archiep eborum : &c. h. cardinali angliae , et episcopo wynton , episcopis , custodi spirit . episcop . meneven . abbatibus , prioribus . the . is in claus. h. . m. . ( ) dorso . rex , &c. i. arch. cant. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. . die febr. prox . futur . teneri , &c. praemunientes , &c. t. r. apud westm. die ianuarii . consim . brevia i. cardinali et archiepiscopo eborum , &c. episcopis , abbatibus , priori de coventre . the . is that of claus. . h. . m. dorso . rex , &c. i. arch. cant. &c. quia pro quibusdam , &c. quoddam parliamentum nostrum apud westm. die novemb. prox . futur . &c. praemunientes , &c. t. rege apud shene , die septembris . per ipsum regem . consimilia brevia i. cardinali et arch. eborum . &c. episcopis , custodi spirit . london . sede vacante , abbatibus , prioribus . the . writ is in claus. h. . m. . dorso . rex . &c. i. archiepiscopo cantuar. qui● de avis●mento , &c. quoddam parliamentum nostrum apud westm. in festo sancti leonardi prox . futur . teneri , &c. praemunientes , &c. t. r. apud wes●m . die septembris . per ipsum regem consimilia brevia i. cardinali er archiep. eborum &c. episcopis , custodi spiri● . episc. sarum , ●ede vacante , abbatibus , prioribus . the . is entred claus. h. . m. . dorso . rex , &c. i. archiepiscopo cantuar. quia de avisamento , &c. quoddam parliamentum nostrum apud redynge die martii prox . futur . teneri , &c. praemunien●es , &c. t. rege apud wes●m . die ianuarii . per ipsum regem . consimilia brevi● w. archiep. ebor. episcopis , custodi spirit . episcopo covent . et litchf . abbatibus , prioribus . the . is in claus. h. . dorso . . rex , &c. th. archiepisc. cant quia de avisamento , &c. quoddam parliamentum nostrum apud westm. . die iulii prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm. die maii. per breve de privaro sigillo . cons. brevia w. arch. ebor. episcopis . abbatibus , prioribus . the . is extant in claus. h. . m. . dorso . rex , &c. th. archiepisc. cant. quia de avisamento , &c. quoddam parliamentum nostrum apud coventre . die novembris prox . futur . teneri , &c. praemunientes , &c. teste rege apud westminster . die octobris . per ipsum regem . consimilia brevia &c. w. archiep. ebor. episcopis , abbatibus , prioribus . the . is this summons to a convocation , claus. h. . m. . dorso . rex venerab . in christo patri tho. eadem gratia archiep . angliae primati , salutem . quibusdam arduis & urgentibus negociis nos , statum et defensionem regni nostri angliae , et utilitatem ecclesiae anglicanae intimè concernentibus ; vobis in fide et dilectione quibus nobis tenemini rogantes mandamus , quatinus praemissis debito intuitu attentis et ponderatis , universos et singulos episcopos vestrae provinciae , ac decanos , et priores ecclesiarum cathedralium , abbates , et prio●es electivos , exemptos et non exemptos , necnon archidiaconos , capitula , conventus & collegia totumque clerum cujuslibet diocaesis ejusd . provinciae , ad comparand . coram vobis in ecclesia s. pauli london , vel alibi prout melius expedire videritis cum omni celeritate accommoda more debito convocari faciatis , ad tract and ▪ consentiend . et percludend . super praemissis et aliis , quae sibi clarius exponentur tunc ibidem ex parte nostra . et hoc sicut nos , et statum regni nostri praedicti , ac honorem & utilitatem ecclesiae praedictae diligitis nullatenus omittatis . t. r. apud westm. die feb. rex , ven. in christo patri w. eadem gratia archi●p . eborum . angliae primati , &c. ut supra : usque ibi coram vobis : et tunc sic : in ecclesia beati petri ebor. vel alibi prout melius expedire videritis . t. ut supra . the . writ is remaining in claus. h. . m. . dorso . rex , th. archiepisc. cantuar. quia de avisamento , et assensu consilii nostri &c. quoddam parliamentum nostrum apud westm. die novembr . prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm. die octobris . per ipsum regem et consilium . consimilia brevia g. arch. eborum . episcopis , abbatibu● , prioribus . the writ i shall remember , is that in claus. e. . m. dorso . rex , &c. th. &c. archiepisc. cantuar. &c. quia de avisamento , &c. quoddam parliamentum nostrum apud westm. . die iulii prox . futur . teneri , &c. ( in usual form . ) praemunientes , &c. t. rege apud westm. die maii. consim . brevia diriguntur w. archiepisc. ebor. &c. and to bishops , abbots , priors there mentioned by name . the is that in claus. e. . m. . dorso . rex . &c. th. archiep. cantuar. quia de avisamento et assensu consilii nostri , &c. quoddam parliamentum nostrum apud westm. die aprilis prox . futur . teneri , &c. praemunientes , &c. t. rege apud westm. die febr. per ipsum regem . consimilia brevia w. archiepisc. ebor. episcopis , abbatibus , prioribus . the . writ is in claus. e. . m. . dorso . rex , &c. th. archiep. cantua● . quia pro quibusdam arduis , &c. quoddam parliamentum nostrum apud westm. . die iunii . prox . futur . teneri , &c. praemunientes , &c. teste rege apud westm. die febr , per breve de privato sigillo . consimilia brevia archiepisc. ebor. episcopis , abbatibus , prioribus . the . is claus. e. . m. . dorso . rex , &c. archiepiscopo cant. quia de avisamento et assers , &c. quoddam parliamentum nostrum apud westm. die octob. prox . futur . teneri , &c. praemunientes , &c. teste rege apud westm. die augusti . per breve de privato sigillo . consim . br●via episcopis , vicario gen . archiepiscopatus ebor , in remotis agente , custod . spirit . episcopat . norwicen . & assaven . abbatibus , prioribus . the . is that of claus. anno , & edw. . m. . dorso . rex , &c. th. archiep. cant. quia de avisamento et assensu consilii nostri , &c. quoddam parliamentum nostrum apud westm. die ianuarii prox . futur . teneri ordinavimus , &c. praemunientes , &c. t r. apud westm. die novemb. consim . brevia , i. archiep. eborum , episcopis , abbatibus , prioribus . the . is in claus. , & e. . m. . dorso , for a convocation . rex reverendissimo in christo patri th. eadem gratia archiepiscopo cant. totius angliae primati , consangu●neo nostro carissimo , s●lutem . quibusdam arduis & urgentibus negotii● , nos , securitatem et defensionem ecclesiae anglicanae , ●c pac●m , ●r anquillitatem , bonum publicū , et defensionem r●gni nostri , & subdi●orum nostrorum e●usdem concernentibus , vobis in fide et dilectione quibus nobis ten●mini rogando mandamus , quatenus praemissis d●bit●o intuito attentis & ponder●atis● univers●s , &c. ( ut supra , num . . ) coram vobis in ecclesi● sanct● pa●li london , vel alibi prout vobis expelire viderit●s cumom●● c●lerita●e accommoda modo debito co●vocari faciatis , ac tractand ▪ consentiend . & conclud●nd . super praemiss● et aliis quae bi clarius exponentu● tunc ibidem ex parte nostra . et hoc sicut nos , et statum ●eg●i nost●i , et honorem et utilita●em ecclesiae praedictae diligitis nullatenus omittatis . t. rege apud westm. d●e februarii . per ips●m regem . this is the last writ in the clause 〈◊〉 in the tower of this na●ure , which extend only to the end of king edward the ●●h . his reign . the writs of summons ●o parliaments , and convocations under r. . h. . . ed. . q. mary q. eliz. k. iames , and king charles , are not in the tower , but reserved in the ro●●s and chancery , where those who please may peruse them , they running for the most part in the self-same ordinary form , without any notable variety . i shall close up this section with the last writ of this nature under our late king charls . carolus dei gratia , angliae , scotiae , franciae , & h●berniae rex , fidei defensor , &c. reverendissimo in christo patri ac fideli consilario nostro gulielmo , eadem gratia cantuar. archiepisc. totius angliae primati & metropolitan● , salutem . quib●●am arduis et urgentibus negotiis nos , securitatem & defensionem ecclesiae anglicanae , ac pacem & tranquillitatem , bonum publicum & defensionem regni nostri & subditorum nostrorum ejusdem concernentibus ; vobis in fide & dilectione quibus nobis tenemini rogando mandamus , quatenus praemissis debito intuitu attentis et ponderatis , universos & singulos episcopos vestrae provinciae , ac decanos ecclesiarum cathedralium , necnon archidiaconos , capitula et collegia , totumque clerum cujuslibet diocaesios ejusdem provinciae , ad comparandum coram vobis in ecclesia catholica * sancti pauli london , decimo quarto die aprilis proxim , futur . vel alibi , prout melius expedire videritis , cum omni celeritate accommoda modo de●ito convocari facias , ad tractandum , consentiendum , & concludendum super premissis , & aliis quae tibi clarius exponentur tunc ibidē ex parte nostra : et hoc sicut nos , et statum regni nostri , ac honorem et utilitatem ecclesiae praedictae diligitis nullatenus omittatis . teste meipso apud westmonast . vicesimo die februarii , anno regni nostri quintodecimo . before i proceed to my observations on the precedent writs , i shall crave leave to inform and satisfie the ingenuous readers in . particulars , to prevent their causelesse censures . . that the usual writs in some clause rolls to the spiritual lords were for brevitie sake purposely omitted , and in the consimiles literae , and eodem modo , &c. after the transcripts of the writs of summons here inserted ( especially those of king edward the . ) the paticular numbers of the bishops , abbots , priors , and spiritual lords then summoned to those parliaments mentioned in the eodem modo &c. were casually left out ( though entred by their names in the clause rols ) by reason of an , &c. and vacant spaces in the written copy for their numbers ; through hast forgotten to be filled up , before they were printed off ; which caused some errors and omissions of the true number of bishops , abbots & priors in the eodem modo , &c. from p. . to . which i think necessary here to rectifie and supply , rather than in an errata at the end of this breviate ; and that in this brief manner . claus. e. . m. . dorso . consim : literae diriguntur i : karliol : episc. bishops more , and abbatibus . claus. e. . m. . dorso . consim : literae , &c. iohanni karliol . episcopo , to other bishops , abbots ; magistro militiae templi in angl. magistro ordine de semplingham , priori hosp : sancti iohannis ● ierusalem . in anglia . in both these rolls there is a writ , thomae arch. eborum : with this special clause after impensuri ; vos saltem procuratorem idoneum cum sufficienti potestate ad dictos diem et locum , et vestro nomine designatis . et hoc nullatenus omittatis . anno e. . m. . dorso . rex , &c. archiepiscopo cant. &c. quia pro quibusdam negotiis , &c. ( as in that of this roll in the next section to the lords ) praemunientes , &c. t. rege apud brustwike die novembr . eodem modo , &c. episcopis , besides electo london . vel ejus vices ger●nti ipso agente in partibus transmarinis , decano et capit : beati petri ebor. custodibus spiritualitatis archiepiscopatus eborum sede vacante , abbatibus , magistro mil. templi & s●mplingham , priori hosp : s. iohan : ierus . claus. e. . m. . dors . rex , &c. w. &c. arch. ebor. quia super ordinatione et stabilimento terrae nostrae scotia , &c. ( as in the next section to the prince ) praemunientes , &c. teste ut ib● . eodem modo scribitur , ( mucatis mutandis ) episcopis , abbatibus . claus. e. . dors . . eodem modo scribitur . episcopis , abbatibus , priori hosp. s , johan . jerus : magistro mil : templi . claus. e. . dors . . eodem modo mandatum est episcopis , abbatibus , prioribus ; and dors . . episcopis , abbatibus , prioribus . claus. e. . dors . . eodem modo scribitur archiepisc . ebor. episcopis , custodi spirit . episc. bathon : et wellen : sede vacante , abbatibus , priori . claus. e. . dors . . eodem modo mandatum est , w : archiepisc. ebor. a. patriarch : ierus : et episcopo dunelm : episcopis , l. bathon : et wellen : electo et confirmato , electo et confirmato bangoren : without abbots or priors in the roll. claus. e. . dors . . eodem modo scribitur ( mutatis mutandis ) quoad decanos et capit : et priores et capit : archiepiscopo ebor : episcopis , abbatibus , priori . claus. e. . dors . . consim : literae diriguntur episcopis , vic. gen. episc. in remotis agente , abbatibus . claus. e. . dors . . eodem modo mandatum est , custod : archiep : cantuar. et london : sede vacante , episcopis , abbatibus , prioribus , magistr . ord. d● sempringham ; and dors . . custod : arch : cant : episcopis , abbatibus , prioribus , mag. ordinis de sempr. claus. e. . dors . . eodem modo mandatum est arch. ebor. episcopis , a. assaven : electo confirmato , abbatibus , prioribus , magist : ord. de sempr. claus. e. . dors . . eodem modo mandatum est arch : ebor : episc. abbatibus , prioribus . claus. e. . m. dors . rex , &c. w. &c. archiepisc . cantuar. &c. quia super diversis et arduis negotiis nos , &c. parliamentum nostrum apud lincoln : tenere , et vobiscum , &c. praemunientes , &c. t. rege apud westm. die novembr . eodem modo mandatum est arch : ebor● episcopis , d. dublin : archiepiscopo , abbatibus , prioribus , mag. ord. de . sempr. and dors . . w. arch : ebor : episcopis , d. dublin : archiepiscopo , abbatibus , prioribus , & mag : ord : de semp. claus. e. . dors . . eodem modo mandatum est w. arch : ebor : ● episcopis , d. dublin . arch. abbatibus , prioribus , mag : ord : de sempr. and dors . . w. arch : ebor. episcopis , abbatibus , prioribus , mag : ord : de sempr. claus. e. . dors . . eodem modo mandatum arch. ebor : episcopis , abbatibus , prioribus , mag● ord. de sempr. claus. e. . dorse● . rex . &c. w. &c. archiepisc . cant : &c. quia super diversis , &c. parliamentum nostrum apud westm : die lunae in octab. s. michaelis , prox . futur . teneri , &c. without any praemunientes , &c. t. r. apud westm. die augusti . per ipsum regem . eodem modo mand : w. arch. ebor : episcopis , i. winton : electo confirmato , abbatibus , mag : ord. de sempr. prioribus ; and dorso . archiepiscopo ebor. episcopis , abbatibus , prioribus , mag : ord : de sempr. claus. e. . dors . . eodem modo scribitur , w. archiepisc. cant : &c. episcopis , abbatibus , prioribus . claus. e. . dors . . rex , &c. w. &c. cantuar : archiepisc. &c. quia super diversis , &c. apud westm. à die purificationis beatae mariae virginis prox . futur . i● tres septimanas parliamentum nostrum tenere , et vobiscum &c. praemunientes , &c. t. rege apud kenilworth , die decemb. per ipsum regem . eodem modo scribitur● archiepiscopo eborum , 〈…〉 abbatibus , prioribus . there are . other writs to both the archbishops reciting the first writ ▪ unto ordinari contigeri● super negotiis antedictis ; and then subjoyning : 〈…〉 decanos et priores ecclesiarum cathedralium , et archidiac . totius provinciae vestrae in propriis personis s●is , capitula etiam singula dictarum ecclesiarum cathe dralium 〈…〉 ad dictos diem et . locum venire faci●●●s , ad tractand . et consentiend . hiis qu● in praemissis tunc ibidem contigerit ordineri . et hoc nullatenus omittatis . t. rege ut supra . claus. e. . dors . . eodem . modo scribitur archiep . ebor. episcopis , abbatibus , prioribus , magistro gilberto midleton● archidiac . nonthampton , officiali curiae cant. magist. roberto de . s. albano , decano de● arcubus london . claus. f. . dors . . eodem modo mandatum est w. arch. ebir . episcopis : abbatibus● prioribus , with this addition to one of them , prior de bridlington nihil tenet de rege . claus. e. . dors . . eodem modo mandatum est archiepiscopis cant. et ebor. episcopis , and abbatibus only , and no prior. claus. e. . pars . dorso . eodem modo mandatum est arch. ebor. episcopis , custodi episc. exon● ( 〈◊〉 mutindis● ) norwic. & heref. episc. vel ejus vicar . gen . ipso episc. in remotis agente , abbatibus only : after which follow two writs to both the archbishops reciting , the former , with an et licet singulis episcopis , &c. nolentes tamen n●gotia nostra , &c. like that forecited , p. , . 〈…〉 mandatum est custod● spirit . archiep. ebor. episcopat . heref. et exon. sede vacante , reciting the first writ with an et licet singulis episcopis praedictis , &c. nolentes tamen , &c. teste ut supra . claus. . e. . m. . dorso . eodem modo mandat . est custodi archiep. cantu●r . et episcopatus bangor . sede vacante , episcopis , abbatibus only , and no prior. claus. e. . dorso . . eodem modo mandatum est custodi spirit . archiepiscopatus cant. episcopis , ● abbatibus , priori ho●p . s. johan . jerus . in anglia : after which ensue writs to the archbishop of york , et custod . spirit . archiepisc. cant. rehear●ing the first ; with an et licet singulis episcopis , &c. nolentes tamen , &c. , teste ut supra . claus. e. . dors . . eodem modo mandatum est , archiep. ebor. episcopis , abbatibus , prioribus . after that ensues a writ to both the archbishops , relating the first with an et licet singulis episcopis , &c. nolentes tamen , &c. teste apud odiham , die febraarii . claus. e. . dors . . eodem modo mandatum est archiep. ebor. episcopis , abbatibus , prioribus . claus. e , . dorso . . eodem modo mandat . est episcopis , abbatibus , prioribus . claus. e. . dorso . there is a second writ to both the archbishops , reci●ing the first with an et licet singulis , &c. nolentes tamen , &c. t. rege apud nottingham die aprilis . per ipsum regem . and dorso . there is au ordinary writ of summons archiepisc. cant. to a parliament apud westm. prox . post diem dominicam in medio quadragesimae prox . futur . with a praemunientes , &c. t. rege apud berewic . super twedam , die ian : per ipsum regem . eodem modo mandatum est arch. ebor. episcopis , abbatibus , prioribus : and writs to the archbishops only with an et licet , &c. nolentes tamen , &c. t. ut supra . per ipsum regem . these are the only omissions , in the writs to the bishops , abbots , priors and spiritual lords , and mistakes in the numbers of them in the eodem modo , consimiles literae , and consimilia brevia , omitted casually in the premises . the . thing i shall acquaint the readers with , are the reasons inducing me to recite so many writs to the archbishops and prelates , running all in the self-same form ; which may seem to many a meer tautology and super●●uity , which might have been better expunged , than inserted into this breviat , though in truth not so . for i recited them all in this manner upon these considerations . . to inform the readers in what clause rolls in the tower all the writs of summons are extant , and in what membranaes and dorses they may readily find them upon all occasions ; a very usefull , & hitherto unpublished , yea generally unknown part of antiquity and learning . ly . to inform the readers of the exact numbers of these writs of summons , their several dates , and the particular places , days of all parliaments and great councils meetings extant on record , from h. . to e. . and the numbers of the spiritual lords and prelates of all sorts summoned to them , not hitherto published by any . ly . because the beginnings and recitals of all or most writs in these rolls to the temporal lords , sherifs , council of the king , and warden of the ●inqueports , cited by me in the ensuing sections , referr for the most part to the writs to the archbishops and bishops , ( usually entred at large in every roll ) and to their respective dates , with an , &c. ut supra , teste ut supra , and the like , and must be compared with them by the readers to make them compleat . ly . because the stiles of some bishops who were patriarchs , cardinals , bishops elect , or elected and confirmed ; and the writs to such ; yea , to the gardians of bishops spiritualties during the vacancy of their bishopricks , and to their vicar generals during their absence in forrein parts ; and to the administrators of bishopricks , are for the most part recorded only in the eodem modo , consimiles literae , or consimilia brevia , subjoyned to those usual writs here abbreviated ; therefore it was absolutely necessary to repeat them , to evidence and clear up those hitherto unknown , uncommon particulars and rarities . all which reasons duely pondered , will , i hope , absolve me from the guilt of any tautologies , or super fluous recitals in the premised writs , and adjuncts annexed to them . vsefull annotations and observations upon the precedent writs to the archbishops , bishops , abbots , priors , ecclesiastical barons , and clergy . from the precedent writs of summons issued to the archbishops , bishops , abbots , priors . ecclesiastical barons , and clergy , wherewith i have presented you in a chronological series according to their antiquities , i shall here , for the information of such lawyers , gentlemen , and other readers unversed in records of this nature , recommend these ensuing particular observations to them , before i proceed to the writs of summons to the temporal lords ; reserving my general annotations and observations concerning parliamentary writs for the close of the first part of this brief register , kalendar and survey ; when they have taken a full view of all the several kindes and varieties of parliamentary writs of summons , whereon they must be grounded . . that as the spiritual lords and barons , are mentioned in all a great councils , parliaments , prologues , and acts of parliament before the temporal lords and barons : so generally for the most part , the writs of summons directed to them are first entred , recorded in the dorse of the clause rolls , before the writs to the temporal lords , though now and then the writs to the prince of wales , and some other temporal peers , are first enrolled , but yet very rarely . . that when there was an archbishop of canterbury in being , the first writ of summons to , or prorogation of parliaments entred in the rolls , is generally that which issued unto him , as primate of all england ; if within the realm , or to his 〈…〉 absence out of it ; but when there was no archbishop of canterbury living ; the first writ 〈…〉 in the ro●●s issued to the archbishop of 〈◊〉 ▪ as primate of england : yet b now and then the first writ of summons entred , is directed to the archbishop of york , when both are living ; and the writ to the gardian of the spiritualties of canterbury 〈…〉 of that see is some●imes first entred before the writ to the archbishop of york : yea , if the archbishop of york was a cardinal ▪ and canterbury none ye 〈…〉 of summons , as appears by cl●●s h. . m. . & dorso , and h. . m. 〈…〉 ●orso , and other rolls . . that when both sees of canterbury and york were void , the first writ entred was directed to the c bishop of london ( as in e. . where the archbishop of canterbury was elected and confirmed , but not installed , and york quite void ) and sometimes to some other bishop , without any certain method therein observed . . that in claus. d iohannis ( the first writ of summons extant ) there is only one single writ of summons without the bishops name to whom it was issued , and in claus. h. . only one single writ of summons to the archbishop of york , without mention of any writs to other bishops , which yet no doubt had writs of summons as well as he , though not entred , as some clauses in the bodies of both these writs do intimate . . that in the summons of h. e . the first , and only writ registred is directed to the bishop of durham , and abbots and priors are listed in the eodem modo mandatum est , before the archbishop of york and other bishops . . that the writs directed to the archbishops of canterbury always stiled them ▪ venerabili in christo patri eadem gratia cantuariae archiepiscopo , totius angliae primati : that the writs issued to the archbishops of york ever use this stile ; venerabili in christo patri eadem gratia eborum , archiepiscopo , angliae primati , leaving out totius : and the writs sent to all other bishops run thus , venerabili in christo patri eadem gratia episcopo , &c. ( but i● any archbishop or bishop were made a cardinal , then the stile was , cardinali et archiepiscopo eborum , et cardinali et episcopo wynton : as in claus. h. . m. , dorso . h. . m. . dorso , and other clause rolls of hen. . when york and winchester were both cardinals ; and winchester is still placed whiles a cardinal next after york . the writs to abbots , priors , gardians of spiritualties of bishops , and other ecclesiastical persons , usually run in this form , dilecto sibi in christo abbati sancti augustini , &c , or priori de lewes , &c. which i have here omitted in their writs for the most part , with an , &c. to avoid frequent repetitions , and p●olixity . . that in the eodem modo , and kalendar of the bishops names to whom writs were directed , the archbishop of york is for the most part first named , yet somtimes he and his suffragans are listed after all the bishops of the province of canterbury , sometimes before them , sometimes intermixed with them . in the entring of the bishops names , there is no certain order or method observed ; for sometimes the bishop of durham is first named , other times the bishop of london , elewhere the bishop of winchester : sometimes the bishop of rochester , otherwhiles chichester : now and then all the welsh bishops are named together after all the rest of the province of canterbury , yet in some rolls they are named promiscuously , & intermixed with the english prelates , as the writs came first to the registers hands , and not according to the antiquity of their sees or consecrations , for ought i can discern by comparing their entries ; only it is observable , that anthony f beak bishop of durham ( a very wealthy prelat ) procuring himself to be made patriarch of ierusalem by the pope , was summoned by the title of a. patriarch . ierusalem . et episc. dunolm . in the summons of , , of edward . here , p. , . and entred next after the archbishop of york in the rolls . . that the bishops for the most part are named in the rolls , and entred by themselves before the abbots and priors , yet now and then ( but very rarely ) they are intermixed with the abbots and priors , as in h. . dors . . . that all the archbishops and bishops were usually summoned to all our parliaments , but not to councils of state , and that in person , if in england , or alive . but when any g archbishop or bishop was absent in forein parts , the king usually sent writs of summons to their vicars generals : and when their bishopricks were void by their deaths , or translations to another bishoprick , to the guardians of their spiritualties , to supply their places . . that when any archbishop , bishop , or abbot , was elected only , h before his confirmation or installment ; the writ of summons issued to him by the name of i. electo cantuanae , electo hereford , &c. if elected and confirmed , but not installed ; then electo cantuariae , or hereford ▪ confirmato : by which it is evident , that archbishops , bishops , and abbots only elected , or elected or confirmed , might be and were usually summoned to 〈…〉 likewise in their absence beyond the seas ; yea , in e. . dors . . there is a writ issued r. electo dublin episcopo , in the eodem modo , registred amongst the bishops of england , next after the patriarch of ierusalem , and bishop of durham : . that the chief reason why sometimes there are more bishops summoned to one parliament than another , is only the vacation of their sees by their deaths or translations : what the number of them was summoned to each parliament , i have mentioned in the grosse where i find them entred in the rolle at large , to avoid the repetition of their names , which those who please may peruse in the rolls themselves . ● that the first writs to the archbishops of canterbury , york , or any other bishop in the clause rolls , be they writs either of summons to a parliament , council , or convocation , or of adjournment , or prorogation , are usually entred at large : which i have abbreviated with an , &c. where the form and clauses are the same with those i transcribe at large . and the writs which follow the first issued to the rest of the bishops , are but briefly entred for the most part , with an eodem modo mandatum est subscriptis , or consimiles literae , or consimilia br●via diriguntur subscriptis , viz. &c. unless it be where there are different clauses in some of the writs varying from those to the first bishops ; which clauses ( recited at large ) i have here printed , when they occurre in the rolls . . that the writs of summons to parliaments directed to the archbishops and bishops are of various forms , differing very often one from the other , not only in their recitals of the particular causes of summoning them ; but in sundry special and unusual clauses , as i have touched in the recital of them , and shall more largely insist on in my general obs●rvations in the close of this part of my register . that the writs of summons to councils and convocations , issued to the archbishops and bishops are usually different one from another , not only in form and special● clauses , but likewise from the writs of summons to parliaments , unless where the word concilium is used for a parliament : there being no praemuni●ntes , &c. in any writs of summons to councils of state , but only to parliaments , and that not alwayes , but a● the kings pleasure : and no general summons of all the archbishops , bishops , abbots , and priors holding by barony to all councils of state ; but only of such and so many of them as the king and his counsil thought meet , when as they were usually all summoned to parliaments . . that the writs of summons to convocations of the clergy , were directed only to the two archbishops or their vicars generals , to summon all the bishops , abbots , priors and clergy of their respective provinces to them , not alwayes on a certain day or place as in writs for parliaments and great councils , but at such time ( or place ) as they deemed most convenient , without any particular writs at all issued to any other bishops , abbots , priors , or clergy men , as in summons to parliaments and great councils : where though they had all particular writs of summons , yet the king oft times issued special writs to the two archbishops , to summon all the bishops , abbots , priors and clergy , within the several diocesses of their provinces to appear at the parliaments , councils , and convocations , to prevent all negligence , defects , or faylers in their summon● , and excuses for not appearing , whereby the affairs of the king and kigdom might be prejudiced . . that ●he number of abbots and priors summoned to our parliaments , was somtimes more , somtimes less , as i have briefly touched , relating their number in the grosse for brevity sake ; where i find them particularly mentioned in the rolls . the names of those abbots and priorr who were ordinarily or extraordinarily summoned to parliaments and parliamentary councils , with the reasons of this incertainty in their numbers by subsequent exemptions , because they held no lands by barony or knights service from the king , but only in frankalmoigne , or by act of special grace , or through vacancy by death , or otherwise ; those who please may read at large in mr. seldens titles of honor , book . ch . . sect. , , . p. . to . and more particularly in the ensuing alphabetical table of their names and summons . i shall here only present the readers with . kalendars of their names out of the clause rolls , as i finde them there recorded . the . list is that in the clause roll of h. . m. ▪ dorso in cedula . where the writ at large being directed to r. &c. episcopo dunolm , &c. ( as it is here transcribed , p. , . ) immediately after the writ , this catalogue of the bishops , abbots , priors , and deans names summoned to it follows , in this form . eodem modo mandatum est episcopo karliol . abbati sanctae mariae eborum . priori dunolm . priori sanctae trinitatis eborum . abbati de seleby . abbati de furness : abbati de fontibus . abbati de royvall . abbati de melsa ▪ archiepiscopo eborum . priori de parco . abbati de rup● . abbati de bella lauda . priori de bridlington . priori s. oswaldi . abbati de rufford . priori de blida . priori de thurgarton . priori karliol : abbati de wyteby . priori de giseborne . decano eborum . eodem modo mandatum est subscriptis . episcopo london . episcopo wynton . episcopo exon. episcopo wygorn . episcopo lincoln . decano exon. decano de well . episcopo elien . episcopo sarum . episcopo coventr . et litchf . episcopo cic●str . elect● bath . et wellen. decano s●rum . decano lincoln . in forma praedict a scribitur abbatibus , prioribus subscriptis sub hac data . teste rege apud wodest . xxiiii . die decembr . abbati sancti edmundi . abbati de wautham . abbati de sancto albano . abbati de glaston . abbati de rading . abbati de cirencestr . priori de merton . abbati de oseney . priori sanctae fresewid : oxon. abbati de missenden . abbati de waverle . priori elien . priori norwicen . abbati cestr. abbati salop. abbati de hulmo . abbati de bardene . priori de lenton . abbati de bello . priori ordinis de sempli●gham . priori de watton . electo de evesham . abbati westm. priori hospitalis sancti iohannis ierusalem in anglia . magistro militis templi in anglia . abbati de ramesey . abbati de burgo . abbati de thorn. abbati de crouland . abbati colecestr . priori de dunstaple . abbati de bello loco . abbati de parco lude . abbati de stanlegh . abbati de lilleshull . abbati de buttlesden . priori de betuve●r . priori de lews . abbati de clervaus . priori de stodley . abbati s. augustin . cantuar . abbati de cercesey . priori sanctae trinitatis cantuar. abbati de hida winton . abbati de middleton . abbati de cerne . abbati de abbotisbury . abbati de tavistocks . priori de huntingdon . abbati de sulebey . abbati s. augustini bristol . abbati de malmesbery . abbati de milchene . abbati de abingdon . abbati s. petri gloucestr . abbati de persour . abbati de winchecombe . priori de coventr . abbati de o elveston . abbati de teukesbury . priori de swinesheued . priori de s. neoto . abbati de wardon . abbati sancti iacobi northampt . abbati de leicestr . abbati de kirkested . priori de eton. priori de cruceroys . abbati de kirkestall . abbati de tame . abbati de bermundesy . priori de barnewell . abbati de meryvall . priori sancti swithin winton . abbati de lesenes . priori de ledes . priori de lauda . priori de spalding . priori sancti barthol . london . priori de kenelworth . priori de nuttell . abbati de v●lle dei. abbati de croxton . here you see priors , in●ermixed promiscuously with abbots , ( one of them only abbot elect , but not installed ) the bishops and deans in●erposed between them , most of which priors , and some of which abbots , were never after summoned to any other parliaments , nor yet these deans in this manner . the . is that of clause e. . m. . dorso , and e. . m. . dorso : where the abbots and priors summoned to those . parliaments are thus registred and distinguished by their several orders in both these rolls alike , and in no summons else besides these : though they are again all summoned and entred almost in this order in clau●e e. . dors . . and . and some rolls in e. . abbati de s. edmundo . abbati de waltham . abbati de alnewik . abbati de egleston . abbati de sta. agatha . abbati de barlinge . abbati de tupholme . abbati de byley . abbati de la dale . abbati de newhus . abbati de cokirsand . abbati de croxton . abbati de kirkested . abbati de s. radegunda . abbati de heppe . abbati de fur●eyes . abbati de sallaye . abbati de holmecoltram . abbati de novo monasterio . abbati de iornall ( or ) iereval . abbati de fontibus . abbati de bella lauda . abbati de melsa . abbati de kirkestede . abbati de rupe . abbati de rughford . abbati de valle dei. abbati de gerndon . abbati de stanley in ardern . abbati de pippewell . abbati de combe . abbati de s. albano . abbati de evesham . abbati de tichefeld . abbati de suleye . abbati de lavendox . abbati de torre . abbati de wellebecks . abbati de hales . abbati de bello capite . magistro militiae templi in anglia . priori hospitalis ioh. ierus . in anglia . magistro ordinis de semplingham . abbati de blanca lauda . abbati de basingwerk . abbati de cumbermere . abbati de crokesden● . abbati de valle regali . abbati de deulacresse . abbati de mira valle. abbati de stanlawe . abbati de byldewas . abbati de stanle in wiltes . abbati de swynesheued . abbati de wardon . abbati de boxle . abbati de stratford . abbati de tyletye . abbati de binedon . abbati de quarrera . abbati de leteley . abbati de dunkeswell . abbati de bell● loc● regis . abbati de strata florida . abbati de flaxele . abbati de t●nt●rn● . abbati de king●swode . abbati de waverle . abbati de revesbye . abbati de parco lude . . that in the writs of summons to abbots and priors , the writs are very seldom recited at large to any of them , unless in e. . d. . and towards the latter end of the reign of king edward the . where some writs to the first abbot named in the lists of summons , are entred at large ; the rest only recited with an , &c. or not mentioned at all , but only thus , eodem modo mandatum est , &c. or consimiles literae , or consimilia brevia diriguntur abbatibus et prioribus subscriptis ; entred in the roll , with a catalogue of their names subscribed under it . . in antient times the first writ that is entred , for the most part issued to the abbot of s. augustines in canterbury , ( in which rolls there is no certain order observed in the abbots and priors names and summons . ) sometimes the abbot of s. albans , now and then the abbot of glastonbury ; sometimes some other abbots are first named in the list of summons , and one name frequently praeponed , & then postponed after another , as the register was pleased to enter them in the rolls : but from h. . to the end of king ed. . the first writ entred is , abbati de burgo sancti petri. as for the priors , they are for the most part registred after the abbots ; now and then but rarely , before the abbots , and frequently intermixed with them : sometimes one prior is placed before another in some summons , which was named last in other lists : few lists agreeing in the order of their names , unlesse that of e. . d. . and e. . d. . which exactly accord in all things , from which that of e. . d. . & . doth somwhat vary in the order , though not in the number of their names . . that the absence of the archbishops , bishops or other great men from , and no● coming to parliaments an● great council● when summoned , did many times hinder the proce●dings in them , and caus● them to be prorogued or adjourned , to the publike prejudice ▪ yet upon particular nec●ssary occ●sions for the kingdomes defence and ●afety , their personal presence was dispensed wi●h , and their summons superseded ; wi●nesse this memorable writ to the bishop of durham , claus. e. . m. . dorso . rex , venerabili in christo patri r. eadem gratia dunolm . ep●s●opo salut●m . li●●t nuper vobis mandaver●mus quod omn●bus aliis praetermissis essetis ad nos tertia dominica quadragesimae prox ▪ fu●ur , apud westm , ibidens nobiscum ●t cum praelatis ●t proceribus regni nostri super diversis negotiis nos et statum ejusd●m regni nostri tangentibus tractaturi , vest umque consilium impensur● ▪ pre securitate tamen custodiae et maj●r● tuitione part●um vestrarum contr● scotos inimicos ●t rebe●les nostros , vobis man ▪ damu● , quod à partibus praedictis vos nu●●atenus ●●anf●ratis , sed procuratorem vestrum sufflo●●nter instructum addictos diem et locum mittatis , ad consent ●nd , hi●s qu● tun● ib●dem per nos ●t dictos pr●latos , ●t proc●re●●●n●●geris ordinari . teste rege apud westm , di● feb. eodem modo mandatum est episcopo karliol . t. ut supra . and this other observable writ of supersedeas to the bishops of durham , and karliol , with other lords and great men summoned to parli●m●nt , thus recorded , in claus. r. . m. . dorso . 〈…〉 〈…〉 〈…〉 vobis mandamus ▪ quod prop●●r r●siste●tiam inimicorum nostrorum pr●dictorum meliori et fortiori mod● quo poteritis , in propriis partibus vestris , aut alibi ubi in hac parte melius● videritis expedire , expectetis , mandato nostro non obstante . ita quod semper dil●ctis et fidelibus henr. de percy comiti northum : & johanni ae nevil de raby quos ad supervidend : et gubernand : marchias scotiae assignavimus , obedientes , intendentes sitis et auxiliantes quot●●ns et q●ando per ipsos , seu ●orum alterum fueritis rationabiliter praemuniti . teste rege apud northampton die augusti . per ipsum regem et consilium . consimilia brevia diriguntur subscriptis sub eadem data , viz. th. episcopo karliol , rogero de clifford , johanni de roos de hamlake , rado ▪ baroni de graystock , philippo darcy , henr. fitz hugh ; willielmo de dacre . consimilia brevia diriguntur henr. de percy comiti northumb. iohanni de nevill de raby , excepto ultimo clauso . ita semper . of which see more in my observations on the next section , and here p. , . . that some writs to particular bishops , varied in certain special clauses now and then from those issued to other bishops at the self same time , upon special occasions , and in the * form of the praemunientes , &c. . that as there are some single writs of summons to bishops , or archbishops entred in the clause rolls now and then , without any to the temporal lords or barons registred together with them ; so there are some writs of summons to and prorogations of parliaments iss●ed to temporal lords in some rolls , without any to archbishops , bishops , abbots , priors or ecclesiastical lords entred with them , though no doubt they had the like writs of summons and prorogations , although not registred , as the bodies of the writs do manifest . . that the writs issued to the archbishops , bishops abbots , priors and clergy , run usually in this form ▪ vobis mandamus quod in fide et dilectione quibus nobis tenemini , &c. not in fide et homagio . but the writs to the earls , barons and temporal lords : though they sometimes retain the self same words in fide et diloctione , yet for the most part they run thus ; quod in fide & homagio , or ligeantia , quibus nobis t●n●mini , &c. or in homagio , ●id● et dilectione : or in homag●o et lige●ntia ; homagio , or ligeantia being put in the place of dilection● , or added to fide et dilectione quibus nobis tenemini . . that the writs to the archbishops , bishops , abbots and priors , for the most part , observe this stile ; vobiscum , ac cum caeteris praelatis , magnatibus et proceribus , &c. in all clauses of the writ ; the writs to the earls , & temporal lords , vobiscum , ac cum praelatis et caeteris magnatibus et proceribus , or caeteris magnatibus , or proceribus , only : cae●eris being ev●r placed before praelatis , in the writs to the bishops , abbots , but after praelatis , and before magnatibus or proc●ribus , in all writs to the tem●oral lords , because of different orders ▪ the prelates no● being magnates or proc●r●s by birth , or in their own right , but only the temporal lords ; and they being not praelati , or eccl●s●astical peers by order or function , but only the bishops , abbots , priors , and other ecclesiastical ▪ barons . . that the number of archbishops , bishops , abbots , priors and ecclesiastical persons summoned by writs to our parliaments , was for the most part equall to , and many times farr exceeding the number of the temporal lords , & barons ; as you may easily discern by computing and comparing their numbers in this , with those of the temporal lord in the ensuing section . in the parliamvnt of h. . the number of the prelates , abbots , and spiritual persons summoned by writ , was . the number of temporal lords , but . anno e. . d. . the number of the spiritual lords summoned was ; of the temporal lords but . and dors . , . the spiritual lords summoned to another parliament that year , amounts to . the temporal lords only to . in e. . d. . the spiritual lords summoned , were in all . the temporal but . yet in other parliaments the temporal lords exceeded the spiritual , as in e. . d. . the spiritual lords were . the temporal . but in the next parliament e. . m. . the spiritual lords summoned were . the temporal only . their differences in number in other parliaments i shall for brevity sake omit , only in most summons under king h. , , & . during these kings absence and wars in france , ( when most of the earls and temporal lords were in actual service in the wars ) the spiritual lords were neer double to the temporal . . that the first writ wherein i finde any mention of , and provision for the defence of the church of england , is in e. . here , p. . the next is in e. . p. , & . e. . p. . & e. . p. . after which in the writs of e. . p. . e . p. , , . e. . p. . e. . p. . r. . p. , , . and in most succeding them , defensionem ecclesiae anglicanae , salvationem et defensionem ecclesiae sanctae ; et ●oc sicut salvationem et defensionem ecclesiae sanctae diligitis , were usually inserted into the writs of summons , as well to parliaments as convocations , and in writs to the temporal lords and sherifs , as they were in writs to the clergy , it being one principal end of summoning parliaments and convocations . . that sometimes the archbishops , bishops , abbots , priors were * authorized by the writs themselves to make proctors , or proxies to supply their places ; other times prohibited to make any proctors or proxies at all , but peremptorily injoyned to appear in person , without any excuse , or proctor to supply their absence . but the deans , chapters , archdeacons , priors and clergy of every diocess by a special clause of praemunientes , &c. in the writs to the archbishops and bishops , and by second writs to the archbishops , were summoned the deans , pri●rs and archdeacons by themselves , their chapters by one , and the clergy of each diocess , quod per duos procuratores idon●os p●enam et sufficientē potestatē ab ipsis capitulis et clero habentes , dictis die et loco intersint , ad fac●end . & consentiend . hiis , quae tun● ibidem de com : consilio regni nostri , divina favent● clementia co●tig●rit ordinari . amongst others , the bishop of * bath and wells was particularly injoyned praemunientes priorem et capitulum bathon . et decanum et capitulum wellen ▪ ecclesiarum suarum , &c. quod idem prior et d●canus in propriis personis suis , & dicta capitula per unum procuratorem idoneum , &c. una nobiscum inter sint , ad ▪ &c. hereupon the prior of bath when sick appeared not in person , but by a proctor , and the chapter of bath by one or more pr●ctors , specially chosen and authorized by their letters of procuration under their seals ; which letters of procuration , i find entred in the antient parchment leiger book of the priory of bath in sundry forms in the reign of king edward the . which i shall here insert , for their rarity ; and because they will inform us , what ●ull and sufficient power other priors , deanes , chapters , and the clergy of each diocess , ( as also the spiri●●al lords when absent , and authorized to make proxies , ) gave to their procurators ; and in what forms other letters of procuration were made in former times , of which i find only one printed in mr. selden . the first of these procurations runs in this manner , being directed to the king himself : serenissimo domino suo , domino edwardo , dei gratia , illustri regi angliae , domino hiberniae , et duci aquitan●ae , sui devoti thomas prior , et capi● : bathoniensis ecclesiae , salutem , et debitam cum orationibus assiduis reverentiam et fidelitatem . ad tractandum ▪ ordinandum et faciendum una vobiscum et caerer●s praelatis et proceribus , et aliis regni incolis , in praesenti convocatione generali ap●d westm. die dominica proxima post festum s. martini , pro diversis regni negotiis convenientibus , dilectum in christo con●ratrem , et conprofessum nostrum fra●rem w. de hampt●n , ●ostrum facimus , ordinamus , et constituimu● procuratorem per praesentes , plenam et liberam po●estatem eidem in hac parte conceden●es . in cujus rei testimonium sigillum , capituli nostri praesentibus est appensum . datum in capitulo nostro bathon : die mercurii prox . ante festum s. martini . anno grat . . ( a● . ed. . ) there is another letter of procuration to this w. d● hampton , made by the sub prior and chapter of bath the same year in the same words with the former , except in this variation and addition ; et aliis regni incolis in hac instanti convocatione generali apud westm. die dominica prox . ante festum sancti andreae apoli , &c. procuratorem legitimum per praesentes : dan●es eidem , &c. ( as before ) omnia nostro nomin● facienda quae nos faceremus si in convocatione memora●a praesentes esse possemus . in c●j●s , &c. ut supra . datum in capit. nostro bathon : die sanctae celiciae virginis & martyris . anno gr . . anno e. . i find this form of procuration by the sub-prior and chapter of bath directed to the archbishop of canterbury . reverendae sanctitatis patri in christo , domino c. dei patientia cantuar : archiepiscopo , totius angliae primati , sui filii humiles et devoti frater philippus sub-prior . et capitulum bathoni●nsis ecclesiae cathedralis devotos obedientiae et reverentiae spiritus cum salute . ad tractandum una cum caeteris religiosis in convocatione vestra praesenti london . convenientibus die dominica qua cantatur laetare ierusalem , cum continuatione diei , si●opus fuerit seu di●rum , et ad faciendum omnia quae nos ipse faceremus si praesentes ibidem esse possemus , dilecto confratri nos●ro , et conmonacho will : de hampshire procuratori nostro ●plenariam per praesentes contedimus faculta●em : ratum habentes stabile et fi●mum quicquid per eundem nomine nostro in convocatione praedicta actum fuerit sen concessum . in cujus rei testimonium sigillo capituli nostri fignari fecimus hanc indenturam . datum in capi●ulo nostro bathon : die sancti cuthberti . anno dom. . in the . year of king edward . there is this procuration made in another form . sancto patri ac domino , domino c. dei gratia archiepiscopo cantuar. totius angliae primati , frater thomas , prior ecclesiae bathon . salutem , subjectionem , honorem et reverentiam debitam tanto patri . sanctae congregationi patrum reverendorum dominorum episcoporum , abbatum , priorum , caeterorumque praelatorum ac cleri provinciae cantuar. in vestra praesentia reverenda post instantem commemorationem animarum london faciendae , ob debilitatem nimiam nostri corporis , non valen●es personaliter interesse ; vestrae paternitati supplicamus attente , quatinus tunc ibidem hanc no●●ram excusationem habere dignemini benignius excusatam . ad tractandum vero providendum e● ordinendum super utilitatibus ecclesiae promovendis , et aliis articulis de quibus in vestrae paternitatis mandato plenior ●it men●io , ac consent●endum hiis quae oportuna et expedientia videbuntur , dilectum nobis in christo fratrem hugonem godmer nostrum commonachum , nostrum procuratorem facimus et constituimus loco nostri , ad faciendum omnia ac singula quae nos faceremus , seu facere deberemus si personali●er praesentes essem●s . ratum habituri et gratum , quicquid idem procurator noster cum unanimi sanctorum patrum et cleri praedictorum assensu in praemissis duxerit faciendum . valeat vestra s●ncta paternicas reverenda in christo per tempora longiora . datum bathon . to . kal. novembr . anno dom : . there is another procuration of the self-same date made by the sub-prior and chapter of bath , directed to the said archbishop with the self-same preface , to tanto patri : and then vestrae sanctae paternitati notum fa●●mus per praesentes , quod nos ad tractandum , providendum , ordinandum super ut●litatibus ecclesiae promovendis , e● aliis ●rtioulis de quibus in vestrae paternitatis mandato plenior fit ment●o , et ad consentiendum hiis quae oportuna et expedientia videbuntur ; dilectum nobis in christo fra●rem rober●um de clapcote nostrum commonachum nostrum procuratorem facimus et constituimus loco nostri , ad faciendum omnia 〈◊〉 singula quae verus et legitimus procurator fac●r● d●bet et consuevit . ratum habi●uri et gra●um , quicquid idem proourator , &c. ( as in the next before . ) datum in capitulo nostro bathon : kal. novembr . anno dom. . the same year on the first lords day in lent , i meet with another procuration of this prior in a different form from the precedent . universis sanctae matris ecclesiae ●iliis ●rater thomas prior e●clesiae bathon : salutem in domino sempiternam . quia in parliamento domini regis habendo london secunda die dominica quad●agesimae ob nimiam corporis nostri debilitatem adesse personaliter non valemus , dilectum nobis in chri●●o fra●rem willielmum de hampton , nostrum commonacum , nostrum procuratorem facimus et constituimus , ad faciendum pro nobis ibidem quaecunque facere deberemus , secundum tenorem mandati regis si in propria nostra persona tunc praesentes essemus , et consentiend●m sicut justum fuerit et canonicum hiis quae de communi consilio pro utilitate domini regis et regni , favente domino tunc ordinand . con●igerit , vel ●tiam provideri . ratum habituri et gratum quicquid idem frater willielmus noster procurator cum unanimi praelatorum ecclesiasticorum , procerum ac magnatum , et cleri assensu in praemissis sic duxerit faciendum . datum b●thon : die dominica prima quadragesimae . anno dom. . there is the like procuration of the s●me date made to him by the prior and chapter of bath in all their names , and in the same words . about the same year , the sub prior and chapter of bath made this form of procutation , entred in their le●ger book . pa●eat universis per praesentes , quod nos prior et capitulum ecclesiae bathon . dilectos nobis in christo william de syw●nham clericum , et i●hannem de merston procvratores nostros veros et legitimos , conjunctim et divisim , et quemlibet eorum in solidum , ita quod non sit melior conditio occupantis , ad infra scripta fecimus , ordinavimus et constituimus per praesentes . dante 's eisdem et eorum alteri nomine nostro potestatem in parliamento domini nostri regis apud w●stm . in crastino s. hillarii prox futur . per dei gratiam celebrando , cum continuatione et prorogatione dierum sequentium , usque ad ●●nalem dicti parliamenti expeditionem , comparendi cum caeteris religiosis , et aliis de clero regni angliae proceribus et magnatibus dicti regni , caulas et negoci● quas vel quae habuerint in parliamento tractandi , proponendi , necnon super tractandis et proponendis ibidem statum dicti domini regis , e● regni sui , ac etiam statum ecclesiae anglicanae concernentib●s : nostrumque deliberatum consensum et cons●●iium hiis quae mediante domino ibidem contigerit utiliter ordinari una cum aliis impendendi . ulteriusque faciendi in praemissis et eà concernentibus quod juris fueri● et rationis . promittentes nos ratum , firmum et gratum sub ypotheca re●um quos et ligare pos●umus , habituri , quicquid dicti procuratores nostri vel eorum alter in praemissi● et ea contingentibus duxerint , vel duxerit faciend . in cujus rei ●estimonium ●igillum nostrum commune praesentibus est appensum . dat. in domo nostro capitulari bathon . . that it appears by the a clauses and contents of sundry praemised writs , as likewise by the b protestations of the clergy , and their distinct aydes , and subsidies from the temporalty granted in parliaments to our kings by d●●●erent acts of parliamen● , ex●ant in our printed c statute books , as well as parliament , and stat●te rolls ; that the king and temporal lords and commons in parliament could not legally impose any aydes , subsidies or taxes whatsoever on the archbishops , bishops , abbots , priors , deans , chap●ers , archdeacons , and inferiour clergy o● england , without their own special grants and consents in their co●vocations ; it being contrary to the great charters of henry the . king john , and henry the . chap. . yea to the freedom , rights , liberties of the church confirmed by them , and to all other acts confirming magna charta , and to a particular act , rot. parl. anno h. . ● . . exempting them from making contributions with the laity . therefore they cannot do it now , upon the self same grounds , they having as full , as large an interest in their rights , freedoms , libe●ties , and those grand char●ers , statutes confirming them , as any of the laity have in theirs : yet when they obstinately refused to grant ▪ king edward the first a necessary ayde for the defence of the realm in two successive parliaments one after the other , against their allegiance and duty , d only because pope boniface by his constitution had prohibited under pain of excommunication , ne talliae vel exactiones à clero per seculares principes quocunque modo exigentur , vel eis solvantur de rebus ecclesiae : the king thereupon did put them out of his protection : to redeem which , many of the clergy by themselves , and many of them by mediators gave the king the fifth part of their goods , notwithstanding the popes inhibition ; which is thus related by matthew westminster , anno . p. , . die sancti hillarii , celebravit archiepiscopus concilium suum cum coepiscopis suis suffraganeis londini in ecclesia sancti pauli . quibus tractantibus per dies octo super postulatione regia , non invenerunt iter rectum , nec modum exclusivae sententiae , si aliqui vel quae●ito colore , vel aliquo titulo quippiam contulissent , etiam si plurimi clerici , aulici , curiale●que accessi●●ent , qui postulatis consilium dederan● & favorem . quae omnia regi per episcopos , aliósve nuncios , funt relata . qui statim mutatus in crudelem , perversa regali aequalitate in tyrannidem , licentiatis suis famulis , obviantium cle●icorum religiosorumque virorum , quasi modo hostili , equitaturas ●ibi arripere meliores , prohibitis insuper placitatoribu● , in lege sua peritis , coram baronibus de scaccario , seu ante quemvis ●lium justiciarium secularem , pro personis ecclesiasticis allegare , ecclesiasticos ministros censuit sua pace in●ignos . mandavit etiam singulis ordinatis , sponte offerre sibi suorum proventuum quintam partem , a●t invitè cedere omnibus bonis suis. huic mandato primitus obtemperaverunt quidam ●onsorati , in curia regali praelati , in cura verò animarum pilati manifesti , ut inducerent pari modo animos caeterorum . quo facto , seisita sunt protinus per manus vicecomitum omnia bona clericorum mobilia & immobilia , super laicum feodum inventa , a●qu● fisco regio titulata , cum superabundanti molestia suis ablatis libertatibus , q●as praedecessores reges , christianitatis conservatores , ecclesiis contulerant , authores bonorum . et quod nequius est ferendum , appreciabantur ipsorum facultates , emptoribus quantocius expo●endae , nec securi audebant clerici equitare , nisi in majori conventu propter militum in cl●ricos violentiam , à rege licentia data . sed & omni● bona archiepiscopi , mobilia & immobi●ia , capta sunt in manu regis . ipse quidem sustinuit patientè● . ig●●ur clero si●ut supradictum est passo in corpore , pas●us est & rex in animo . hinc dolor et metus omnium praelatorum . hi●●mque in perplexitate maxima constituti sunt , ut si quicquam concederent , sententiam excommunicationis incurrerent ipso facto , et si non darent , non effugerent immisericordes manus ipsorum praedonum . his madefacti adversitatibus , pro se ipsis anxii , pro grege sibi commisso inco●solabiliter moestificati , tanquam non habente alimoniam , ingruente fame , necessario seculum reperere quaesierunt , protectionem regis facultatibus suis , ratioci●io magno , redemptis . yet notwithstanding all the clergy procured special absolutions from this po●e , from that excommunication they conceived they had incurred by this their ayd granted to the king against his constitution , though done only through force , and such fear as might happen even to a constant man , as i observe by certain instruments of absolution , remembred by none of our historians , but registred in the leiger book of the priory of bath ; out of which i have transcribed them , as not unworthy publike knowledge . venerabili in christo patri , dei gratia archiep●s●opo cantuar. vel ejus vicario in spiritualibus , frater gentilis , miseratione divin● , ecclesiae sancti martini in montibus presbyter cardinalis , salutem , et synceram in domino caritatem . ex parte joh●nnis de godmer perpetui vicarii ecclesiae de ched●ern . bathon . & wellen. diocaes . nobis oblata pet●tio continebat , quod ipse olim per vim & metum qui cadere posset in constantem , invitus ministris se● collectoribu● illustris regis angliae , contra novae constitutionts tenorem sanctissimi patris domini bonefacii , divina providentia papae 〈◊〉 , tallias sive collec tas per solvit ; per quod sententiam excommunicationis incurrit , in tales generaliter promulgataem , et sic ligatius , non tamen in contemptum clavium , in suis ordinibus ministravit , et alias se ingressit divinis . super quibus , supplicari fe●it humiliter si●i de absolutionis beneficio et dispensationis gratia per sedem apostolicam salubriter provideri . nos igitur , auctoritate domini papae , cujus penitentiariae curam gerimus , circumspectioni vestrae committimus , quatenus si ita est , ipsum vicarium à dictae excommunicationis sententia ●uxtae formam ecclesiae absolvatis . proviso attentè , quod idem vicarius super hoc mandatis domini papae , et romanae ecclesiae semper parebit , et faciet illam poenitentiam quam sibi duxerit injungend●m , eoque ad tempus prout expedire vider●●is a suorum or●●num executione suspenso . demum suffragan●ibus ei meri●is alioque canonico non obstante super irregularitate dicto modo contracta cum eo misericorditer auctoritate dispensetis predicta . datum agnan : to idus augusti . ponti●icatus domini papae bonefacii . anno sexto . sancto patri in christo et domino reverendo r. dei gratia cantuar. archiepiscopo totius angliae primati , sui filii humiles et devoti thomas prior et conventus bathon . salutem , et devotus obedientiae et reverentiae spiritus cum omni honore debito tanto patri . ad petend . et recipiend . à vestrae clementia sanctitatis beneficium absolutionis , super excommunicationis sententia quàm incurrisse veremur , ex eo quod contra constitutionem sanctissimi patris et domini bonifacii divina providentia papae octavi editam , contra omnes qui collectas et exactiones sibi à ministris , nunciis seu collectoribus illustris regis angliae persolveru●t nolentes vel inviti , protectionem domini regis super hoc impetrantes et recipientes ; dilectum nobis in christo fratrem hugonem godmer , praecentorem ecclesiae nostrae bathoniae conmonacum nostrum , nostrum in hiis constit●imus procuratorem . dante 's eidem liberam et plenam potestatem ●estra in hac parte recipiendi mandata quae secundum deum ad salutem animarum nostrarum juxta tenorem , formam , vim et effectum mandati apostolici super hoc vobis directi , nobis duxeritis injungenda , una cum potestate jurandi in animas nostras secundum quod postulaverit ordo juris . in cujus rei testimonium sigillo nostro communi signari fecimus hanc scripturam . datum capitulo nostro bathon : idus novemb. anno dom . . universis praesentes literas inspecturis pateat evidenter , quod nos thomas prior bathon . et ejusdem lo●i conventus ordinis s. benedicti , bathoniensis et wellensis diocaes . bona side promittimus et sub ypotheca omnium bonorum monasterii nostri cavemus , quod nos semper romanae ecclesiae et domini papae mandatis par●bimus , super excommunicationis et interdicti sententiis quas incurrimus , pro eo quod dudum contra constitutionis tenorem sanctissimi● patris nostri domini bonifa●●ti papae octavi , nunciis , seu ministris domini regis angliae subsidium de bonis nostris ecclesias●icis contribuimus propter vim et metum qui cadere poterit in constantes . in cujus rei testimonium , &c. datum in capitulo nostro bathon . idus novembr . anno dom. . universis praesentes literas inspecturis robertus permissi●ne divina cantuar. archiepiscopus totius angliae primas , aeternam in domino salutem . literas venerabilis patris domini matthaei dei gratia portuensis , et sanctae rufinae episcopi sanctissimi patris domini bonifacii papae vi . paenitentiarii recepimus , tenorem qui sequitur continentes . venerabili in christo pat●i dei gratia archiepiscopo cantuar. vel ejus vicario in spiritualibus , fr●ter matthaeus miseratione divina portuensis , ac sanctae rufinae episcopus , salutem , et sempiternam in domino caritatem . ex parte prioris et conventus monasterii bathoniensis ordinis sancti benedicti fuit propositum coram nobis , quod ipsi olim viet me●u qui cadere po●erit in constantem , ministris , nunciis , ●eu collectoribus illustris regis angliae contra constitutionem et tenorem sanctissimi patris et domini , domini bonifacii divina providentia papae octavi noviter ●ditae contra tallias , collectas et exactiones sibi impositas persolverunt , propter quod excommunicationis incurrunt sententiam ex ipsius constitutionis tenore in omnes et singulos contra facientes generaliter● promulgatam : et sic ligati in suis , non tamen in contemptum clavium , ministraverunt ordinibus , et aliis divinis se ingesserint officiis sicut prius ; verum cum parati sint sanctae romanae ecclesiae in omnibus obedire mandatis , supplic●ri fecerunt humiliter eis per sedem apostolicam salubriter provideri . nos igitu● ipsorum supplicationibus quantum cum deo po●●umus favorabi●iter annuent●s , auctoritate et mandato domini papae cujus paenitentiariae curam gerimus , providentiae vestrae praesentium tenore committimus , quatinus ●i est ita , ipsos et eorum quemlibet a reatu exces●us hujusmodi et excommunicatione quam propter hac incurrerunt absolvatis juxta formam ecclesiae consuetam ; interdictum ab ipso monasterio amovendo , et injunc●a eorum cuilibet pro culpae modo paeni●entia salutari , et alia quae talibus debent et consueverunt injungi ; quodque ●tabunt mandatis ecclesiae , et facient illam poenitentiam quam sedes apostolica eis duxerit injungendam ▪ super i●regularitate ex praemissis contracta dispensetis auctorita●e et mandato praedictis , alio non obstante canonico , misericorditer eisdem prout secundum deum animarum ipsorum salu●i ●ideri●is expedire . datum lateran . . nona● martii . pontificatus domini papae bonifacii octavi anno sexto . nos igitur dictos priorem et conventum monasterii bathon . et eorum quemlibet in per●or a fratris hugonis godomer , procuratoris ipsius ecclesiae bathon . commonachi et procuratoris sui , à majoris excommunicationis sententia memorata , praestita nobis primitus ab eisdem idonea cautione quod stabunt mandatis ecclesiae , e●facient illam poenitentiam quam sedes apostolica eis dixe●it injungendam , auctoritate nobis in ha● parte , commissa , juxta formam nobis in hac parte commissa juxta formam ecclesiae absolvimus , et eis injunximus poenitentiam salutarem . interdictum de ipso suo monasterio amovendo . et super irregularitate quam ea occasione sic liga●i in suis ordinibus ministrando , et alias se divinis officiis inmiscendo contraxerant , cum eisdem et eorum quolibet misericorditer auctoritate dispensamus praelibata , prout secundum deum animarum ipsorum saluti vidimus expedire . in testimonium vero praemissorum sigillum nostrum praesentibus est appensum . datum apud lyminge kal. december . anno dom. . consecrationis nostrae septimo . there is another absolution from this excommunication granted almost in the like form and words by the archbishop of cant. to iordanus vicar of w●ston , who made a procuration to another clerk to request and receive it in his behalf ; quia gravi corporis agritudine perpetua detentus ad v●stram venerabil●m praesentiam accedere non valens . by which it is evident , that every clergyman and religious person whatsoever from the highest to the lowest , who through force or fear contribu●ed any aid to the king , against this antimonarchical constitution of pope boniface the . was excommunicated , interdicted for it , and forced to peti●ion the pope and his penitentiaries , to be absolved from the same ; and that only upon their oaths and caution given to yeeld obedience alwayes to the popes and church of romes manda●es for the future , and to undergo such penance as the pope should please to i●flict upon them for what was past ; yet thi● is stiled , a dealing mercifully with them . after which oath a●d absolution , an. , when as the temporal lords and commons granted the king the . part of their goods for the confirmation of the great char●er and their liberties ; * robertus archiepiscopus cantuar. pro clero nihil voluit concedere , neque de temporalitate annexa ecclasiae , sine licentiasummi pontificis special ; yet the pope the next year usurped and received from him & them the tenth of all their ecclesiastical goods for . years , against their wills and the kings too . such vassals then were the english clergy to the popes ; as of late years they have been in another kind to all arbitrary commi●tees , new tax-masters and governors , who not only tax them at their pleasures without their consents , but eject , suspend , silence thē frō preaching , administring the sacraments , or instructing children as schoolmasters , in publike or private , without any legal cause , tryal , or proceedings , against all the great charters and s●atutes for maintenance of their liberties and freeholds in their benefices , they being meer tenants at will both of their ministry and livings , the only means to make them r time-servers , men-pleasers , cor●upters of the gospel ▪ and daubers with untempered morter , instead of sincere ministers of the gospel , and real servants of iesus christ ; therefore fit to be timely redressed for the future ; as this papal constitu●ion was timely opposed by king edward the first , as is evident by pat. e. . pars . m. . . pars . m. . ▪ & claus. e. . m. . which i shall hereafter reci●e at large in their due place . and this passage of mat. westm ▪ an. . p. . anno gratiae . congregatis archipraesule cantuar . & quibusdam aliis coepiscopis suffraganeis suis apud s●nctum paulum londint . die martii , iterum pro●stat● ecclesiae consulturis , insurgentes protiniss duo causidici , & duo de ordine praedicatorum fratres , regalem & temporalem favorem aucupantes , conati sunt argumentis probare clerum ipsi regi , in tempore belli , non obstante prohibitione apostolica , de suis facultatibus posse licit● subvenire . insuper prohibitio sub poena incar●erationis , ne quis contra ipsum regem et eos , qui jam pridem suam protectionem quaesierant , excommunicationis sententiam promulgar●t , provocatione facta pro se ad romanam curiam & pro ipsis . recesserunt igitur omnes oneratis suis conscientiis per archi●piscopum sic dicentem , salvet suam animam unusquisque . a most rare , usefull alphabetical table of all the abbots , ma●ters , and priors of religious orders , to whom any particular writs of summons to our parliaments or great councils issued from anno h. . to e. . extant in the clause rolls and lists of summons in the tower of london , with the several years of each kings reign wherein they were summoned : if they ( or others ) were twice or oftner summoned in any year before r. . then the several dorses of the clause rolls that year , are expressed after the year d. for dorse , and the number of it next ensuing it in a parenthesis , if but once , the figure for that year is only mentioned ; the dorse of the clause roll for that year , you may readily find in the writs thereof mentioned in the precedent section ; and where were . writs of summons in one year under r. . h. , , & . there the abbots and priors were all twic● summoned , in the rolls and dorses , mentioned in the writs of summons here cited . ( a ) abbotesbury , h. . abingdon , h. . , , , , . ( d. . . ) e. . , , . ( d. . . ) , , . ( d. . . ) . ( d. . . ) , ▪ ( d. . . ) , , , , e. . . ( d. . . ) ( d. . . ) ( d. . . ) . ( d. . . ) . ( d. . . . . ) , , . ( d. . . ) . ( d. . . ) . ( d. . . . ) . . ( d. . . ) . ( d. . . ) , , , , , . ( d. , . ) . ( d. . . ) , , , , . ( d. , . ) . ( d. . . ) , ( d. . . ) , , , , , , , , ( d. . . ) , e. . , , , , , , , , , , , . , , , , , , , r. . , , , , , , , , h ▪ . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , h. . , , , . , & ● e. . agatha , , , ( d. . . ) e. . albans h. . , ( d. . . ) , , , , ( d. . . ) , e. . , ( d. . . . ) , , , ( d. , . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , ▪ e. . , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . ) , , , , , , ( d. . . ) , ( d. . . ) , , , , , ( d. . . ) , ( d. . . ) , , , ( d. . . ) , , , . ▪ , ( d. . ) , , ( d. . . ) e. . , , , , , , , , , , , , , , , , , , , , r. . , , , , , , , h. . , . , , , , , h. . , , , , , , , , , , , . , , , , , , , , , h. . , , , . , & e. alnewick● , , , ( d. . . ) , , e. . , ( d. . ) e. . augustines bristoll h. . , ( d. . . ) , ( d. . . ) e. . , ( d. . . ) , ( d. . . ) , , ( d. . . ) , ( d. . . ) , e. . augustines canterbury h. . , ( d. . . ) , , ( d. , . ) , ( d. . . ) , ( d. . ) , e. . , ( d. . . . ) , , , , , ( d. . . ) , , ( d. . . ) , ( d . . ) , , ( d. . . ) , , , , e. . ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. , . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . ) , ( d. . . ) , , , , , , , , ( d. , . ) , ( d. . . ) , , . ( d. . . ) , , , , , , . . ( d. . . ) , , ( d. . . ) e. . , , , , , , , , , , , , , , , , , , r. . , h. . , , , , , , , h. . , , , , , , , , , , , . , , , , , , , , , h. . , , , & e. . ( b ) bard●n●y , or bardnay h. . . d. ( . ) , , ( d. , ) ( d. . . ) e . . ( d. . . . . ) , , , ( d. . . , . ( d. . . ) , ( d. . . ) , , , , , ( d. . . ) , , , , , , ( d. , . ) , ( d. . . ) , ( d. . . ) , , , , , , , , ( d. . . ) . . ( d. . . ) e. . , , , , , , , . , , , , , , , , , , r. . , , , , , , , , h. . , , , , , , , , h. . , , , , , , , , , , , , , , , , , , h. . , , , , & e. . barlinge h. . , ( d. . ) , , ( d. . . ) ▪ ( d. . . ) , e. . , d. . ) , , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) e . basingwerk● , ( d. . ) , , ( d. . . ) ● . e. . , ( d. . ) , , e. . bella lauda , ( d. . ) , . ( d. . . ) , ( d. . . ) . e. . . ( d. . ) , ● e. . b●llo , bello loco , bello loco regis , & bello campo regis , h. . , ( d. . ) , , ( d. . . ) , ( d. . . ) e. . , ( d. . . . ) , ( d. . ) , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , , ▪ e. . . ( d. . . ) , ( d ▪ . . . . ) , , ▪ ( d. . ) , ( d. , . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , ( d. . ) , e. . , , , , , , , , , , , , , , , , , r. . , , , , , , , , h. . , , , , , , , h. . , , , , , , , , , , . , , , , , . h. . , , , . & e. . bello capite , . ( d. . ) . e. . s●●cti benedicti de hulmo h. . , . ( d. , . ) . ( d. . . ) e. . . ( d. . ) , , , , . ( d. . . ) , , . ( d. . . ) . ( d. . . ) , . ( d. . . ) , , , e. . . ( d. . ) . ( d. . . ) . ( d. . . ) . ( d. . . . ) , , . ( d. . . ) . ( d. . . ) . ( d. . . . ) , . ( d. . . ) . ( d. . . ) , , , , , . ( d. . . ) , , , , , , ( d. , . ) . ( d. . . ) . ( d. . . ) , , , . , , , . ( d. . . ) . . ( d. , . ) e. . , , , , , , , , , , , , , , . , , , , , r. . , , , , , , , , , h. . , , , , , , , h. . , , , , ▪ , , , , , , , , , , , , , , , , h. . , , , , , & , e. . bildewas . ( d. . ) . . ( d. . . ) . ( d. . . ) e. . blanca , or glauca lauda . ( d. . ) e. . bocland . ( d. . ) , ( d. . ) e. . boxle . ( d. . ) . . ( d. . . ) e. . burgo , & burgo sancti petri h. . , , , , ( d. . . ) . ( d. . . ) , e. . . ( d. . . . ) . , , . ( d. . . ) , , , ( d. . . ) . ( d. . . ) , . ( d. . . ) , , , , e. . . ( d. . . ) . ( d. . . ) . ( d. , . ) . ( d. . . ) . ( d. . . . . ) , , , ( d. . . ) . ( d. . . ) . ( d. . , . ) , , ( d. . . ) . ( d. . . ) , , , , , . ( d. . . ) . ( d. . . ) , , , , , ( d. , . ) . ( d. . . ) . ( d. . . ) . , , , , ( d. , . ) , , ( d. , . ) e. . , , ▪ , , , , , , , , , , , , , , , , , r. . , , , , , , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , . , , . h. . , , , , , & e. . burton super trent , . ( d. . . ) . ( d. . . ) e. . , , . ( d. . . ) . ( d. . . ) ( d. . ) e. . butlesden h. . byly ( d. . ) . . ( d. . . ) . e. . bynedon . ( d. . ) . . ( d. . . ) e. . ( c ) cercesey , or certeseye h. . . e. . . ( d. . ) e. . cerne h. . cestriae ( s. werburge ) h. . . ( d. . . ) e. . c●rencester h. . . . ( d. , . ) . ( d. . . ) , e. . , ( d. . ) , , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , , e. . . ( d. . . ) . ( d. . ) , ( d. . . ) ▪ ( d. . . ) , ( d. . . , . ) , , , ( d. . . ) , ( d. . . ) , ( d. . , . ) , , ( d. . . ) , ( d. . . ) , , , , , , ( d. , . ) , ( d. . . ) , , , , , , ( d. , . ) , ( d. . . ) , ( d. . . ) , , . ( d. . . ) , , ( d. , . ) e. . , , , , , , , , , , , r. . , , , , , , , h. . , , , , , , , ▪ h. . , , , , , , , , , , , , , , , , , , , , , h. . , , , , , & e. . clerva●x h. . cokersand , crokersand , , ( d. . . ) e . , ( d. . ) , , e. . colecester h. . , , ( d. , . ) e. . , ( d. . ) , , , , . ( d. . ) , , , ( d. . . ) , , ( d. , . ) , , , e. . , ( d. . . ) , ( d. . . ) . ( d. . . , . ) , , , ( d. . . ) , ( d. . . ) . ( d. . . . ) , , ( d. . ) , ( d. . . ) , , ▪ , , , ( d. . ) , , , , , , ( d. , , ) , ( d. . . ) , , . , , , ▪ , ( d. . . ) , , ( d. . . ) e. . , , , , , , , , , , , , , . , , , , , , r. . , , , , , , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , , h. , , , , . & e. . combe , or cumbe . ( d. . ) ▪ , ( d. . . ) , ( , . ) , e. . , ( d. . ) , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . ) e. . crokesden ( d. . ) , , ( d. . . ) , e. . croyland , or crowland h. . , ( d. . ) , , , ( d. . ) , ( d. . . ) e. . , , , , ( d. . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , . , , e , . , ( d. . . ) , ( d. . . ) , ( d , . , , . ) , , , ( d. . . ) , ( d. . . ) . ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , , , , ( d. . . ) , ( d. . . ) , , , , , , ( d. , . ) , ( d. . . ) , ( d. . . ) , , . , , ( d. . . ) , , ( d. . . ) e. . , , , , , , , , , , , , , , , , , , , , r. . , , , , , , , , h , . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . croxton h. . , ( d. . ) , ▪ ( d. . . ) . ( . . ) , e. . , ( d. ● ▪ ) , , , , ( d. . . ) , , , ( d. . . ) , ( d. ●● . ) , ( d. . ) e. . cumbermere , ( d. . ) , , ( d. . . ) e. . ( d ) de la dale , ( d. . ) , , ( . . ) , ( d. . . ) , e. . , ( d. . ) , , e. . deu●acresse , ( d. . ) , , ( d. . . ) e. . dunkeswell , ( d. . ) , , ( d. . . ) e. . ( e ) edmunds d● bury h. . ▪ ( d. . . ) , , , ( d. . . ) , e. . , ( d. . . . ) , , , , , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , , e. . . ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. , . ) , , , , , . ( d. . . ) , ( d. . . ) , , , , . ( d. , . ) , ( d. . . ) . ( d. . . ) , , , , , , , , ( d , . . ) , , ( d. . . ) e. . , , , , , , , , , , , , , , , , , r. . , , , , , , , , h. . , , , , , , h. . , , , , , , , , , , , , , , , , , , , h. . , , , . & e. . egleston ▪ ( d. . ) , e. . evesham h. . , ( d. . . ) , , , ( d. . , . ) , ( d. . . ) , e. . , ( d. . . . ) , , , , , ( d. . . ) , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , , e. . , ( d. . . ) , ( d. . . ) . ( d. . . ) , ( d. . . ) , ( d. . . . . ) , . , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , , , ( d. . . ) , ( d. . . ) , , , , , ( d. . . ) , ( d. . ) , , ( d. . . ) , , , , , , , , ( d. . . ) , e. . , , , , , , , , , , , , , , , , , , , , r. . , , , , , , , , h. . , , , . , , , h. . , , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . eynesham , ( d. , . ) , ( d. . . ) e. . , , , , , ● , e. . r. . ( f ) feversham , e. . . , ( d. . . ) , , ( d. . . ) , ( d. . . ) , ( d. . ) , e. . . ( d. . ) e. . fl●x●le , or flaxley . ( d. . ) . . ( d. . . ) e. . fontibus h. . , ( d. . ) , , ( d. . . ) , ( d. . . ) , e. . . ( d. . ) , , , , ( d. . . ) ▪ , , ( d. . . ) , ( d. . . ) , , ( d. . . ) e. . forneyes , or furneys h. . , ( d. . ) , , ( d. . . ) , ( d. . . ) , e. . ( d. . ) , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . ) e. . ( g ) gerndon , grendon , gerwedon , ( d. . ) , , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . . ) , , , ( d. . . ) ▪ ( d. . . ) ( d. . ) e. . glaston h. . , , , ( d. , . ) , ( d. . . ) , ( d. . . ) , e. . , ( d. . . . ) , , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , , e. . , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , , , ( d. . . ) ▪ ( d. . . ) , , , , , , ( d. , . ) , ( d. . . ) , ( d. , . ) , , , , , , , . ( d. . . ) , , ( d. . . ) e. . , , ▪ , , , , , , , , , , , , , , , , , r. . , , , , , , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . glo●cester sancti petri h. . , , , ( d. . , . ) , ( d. . . ) , ( d. . . ) , e. . , ( d. . . . ) , , , , , ( d. . . ) , , , ( d. . . ) , ( d. . ) , , ( d. . . ) , , , , e , . , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . , . . ) , , , ( d. . , ) , ( d. . . ) . ( d. . . . ) , , ( d. . . ) , . . ) , , , , , ( d. . . ) , ( d. . . ) , , , , , , ( d. , . ) , ( d. . . ) , ( d. . . ) , , , , , , , , ( d. . . ) , , ( d. . . ) e. . , , , , , , , ( d. . . ) , , , , ( d. . . ) , , , , , , , , , r. . , , , , ( p. . d. . p. ● . d. . ) , , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . ( h ) hales , or hayles ( . distinct abbots usually summoned together ) ( d. . . ) , , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . ) e. . heppe e. . ( d. . ) hid● juxt● winton h. . , , ( d. . . , ) , ( d. . . ) e. . , ( d. . . . ) , , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , , e. . , ( d. . . ) , ( d. . . ) . ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) ▪ ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , , , ( d. . ) , ( d. . . ) , , , , , , ( d. . . ) , ( d. . . ) , ( d. . . ) , , , , , , , , . ( d. . . ) , e. . , , , , , , , ( d. . . ) , , , , ( d. . . ) , , , , , , , r. . , , , ( p. . d. . p. . d. . ) , , , , , h. . , , , , , , , h. . , , , , , , , , . , , , ▪ , , , , , , , h. . , , , , & e. . holmencoltram , ( d. ) , , ( d. . . ) , e. . , ( d. . ) , e. . hulme , see benedict . ( i ) iames ( see northampton . ) ierevall , iornal , i●rval , gereval , gervaux , ( d. . ) , , ( d. . . ) , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . ) e. . ( k ) ki geswode , ( d. . ) , , ( d. . . ) e. . kirk●sted h. . , ( d. . . ) , , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . ) e. ▪ k●rkestall h. . ( l ) lavedon , lanedon ( d. . ) , . ( d. . . ) e. . lesenes h. . e. . leicester h. . , , ( d. , . ) e. . . ( d. . ) , , ( d. . . ) , , , , e. . , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) . ( d. . . . ) , , ( d. . . , ( d. . . ) , , , , , , ( d. . . ) , ( d. . . ) , . ( . cancellatur ) , ( summoned again ) & , d. . e. . cancellatur . lilleshull h. . litely , letely , , ( d. . ) , . ( d. . . ) e. . ( m ) malmeshury h. . , , , ( d. . , ) , , ( d. . . ) , e. . , ( d. . . . ) , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , , , ▪ e , . , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . , ) , ( d. . . ) . ( d. . ● . . ) , , ( d. . . ) , ( d. . . ) , , , , , ( d. . . ) , ( d. . . ) , , , , , , ( d. , . ) , ( d. . . ) , ( d. . . ) , , , , , , , , ( d. . . ) , , ( d. . . ) e. . , , , , , , , ( d. . . ) , , , , ( d. . . ) , , , , , , , , , r. . , , , , , ( d. . ● . ● . d. . ) , , , h. . , , , , , , , h. . , , , , , , ▪ , , , , , , , , , , , , , , h. . , , , , & . e. . mary eborum h. . , , , ( d. . . ) , e. . , ( d. . . . ) , , , ▪ , ( d. , . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . ) . , , , . e. . , ( d. . . ) , ( d. . . ) . ( d. . . ) , ( d. . . ) , ( d. . . . ) , ▪ , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , . ( d. . ) , ( d. . . ) , , , , , , ( d. . . ) , ( d. . . ) , , , , , , , ( d. . . ) , , ( d. . . ) e. . melsa h. . , ( d. . ) , , ( d. . . ) , ( d. . . ) , e. . , ( d. . ) , , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . ) e. . meryval , mira valle h. . , ( d. . ) , ▪ ( d. . . ) . ( . . ) e. . , ( d. . ) , ▪ , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . ) e. . middleton h. . , ( d. . ) , ( d. . ) e. . , ( d. . ) e. . 〈◊〉 h. . mucheln●ye , ( d. . ) e. . ( n ) newhus , ( d. . ) , , ( d. . . ) , e. ▪ , ( d. . ) , , , , ( d. . . ) e. . n●●som e. ● . ( d. . ) northampton , iames h. . , ( d. . ) , ( d. . ) e. . novo monasterio ( d. . ) , . ( d. . . ) , ( d. , . ) , e. . nuttel h. . nywenham , , e. . ( o ) oselveston h. . os●ney h. . , , ( d. , . ) , ( d. . . ) e. . . ( d. . ) , ( d. . ) , , , e. . , ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) ● , ( d. . . ) , ( d. . . . ) , ( d. . . ) , , , , ( d. . ) , , ( d. . . ) e. . osytha , e. . , ( d. . ) , , , , , ( d. . . ) , , ( d. . . ) e. . ( p ) parco lude h. . , ( d. . ) , , ( d. . . ) e. . sancti petri bristoll , , e. . , ( d ▪ . ) e. . e. . pershor● , persour , pershor h. . . . ( d. , . ) e. . , , , ( d. . . ) , ( d. . . ) , ( d. . ) e. . pippewell , ( d. ▪ ) , , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . . ) e. . ( q ) qu●rrera , quarrere , ( d. . ) , , ( d. . . ) , ( d. . . ) e. . ( r ) radegunde , ( d. . . ) , , ( d. . . ) , ( d. . . ) , , e. . , ( d. . ) , , e. . r●●ing , reding , reding●s h. . , , , ( d. , . ) , , ( d. . . ) , e. . , ( d. . . ) , , , , , ( d. . . ) , , , ( d. . . ) ( d. . . ) , , ( d. . . ) , , , , e. . , ( d. . . ) , ( d. , . ) , ( d. . . ) , ▪ ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. , . . ) , , ( d. . . ) , ( d. . . ) , , , , , ● , ( d. . . ) , ( d. . . ) , , , , , , , ( d. . . ) , ( d. . . ) , , . , , , , . ( d. . . ) , , ( d. , , ) e. . , , , , , , , ( d. . . ) , , , , ( d. . . ) , , , , , , , , , r. . , , , , ( p. . d. . p. . d. . ) , , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . r●m●s●y ramsey h. . , , , ( d. . . ) , , ( d. . . ) , e. . , ( d. . ▪ . ) , , , , , ( d. . . ) , , , ( d. . . ) , , ) ( d. . . ) , , , , e. . , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , , ( d. . . ) , ( d. . ) , , , , , ( d. . . ) , ( d. . . ) , ( d. . . ) , , , , , , , , ( d. . . ) , , ( d. . . ) e. . , , , , , , , ( d. . . ) , , , , ( d. . . ) , , , , , , , , r. , , , , , , , , , 〈◊〉 . . , , , , , , , 〈◊〉 . . , , , , , , , , , , , , , , , , , , , , , h. . & , , , & e. revesbye , ( d. . ) , , ( d. . . ) e. . ( d. . ) e. . ryevall , ryaval , rival h. . , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) e. . rufford , rughford h. . , ( d. . ) , , ( d. . ) , e. . , ( d. . ) . , , , ( d. . . ) e. . rupe h. . , ( d. . ) , , ( d. . . ) , ( d. . . ) , e. . , ( d. . ) , . , , ( d. . ) e. . rouc●ster . e. . ( d. . ) ( s ) sallay , ( d. . ) , , ( d. . . ) , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . ) e. . salop h. . , , ( d. , . ) e. . , ( d. . ) , , ( d. . . ) , , e. . , ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . ) , ( d. . . ) , ( d. , . . ) , , ( d. . . ) , ( d. . . ) , , , , , ( d. . ) , ( d. . . ) ● . , , , , ( d. , , ) , ( d. . . ) , ( d. . . ) . , , , , , ( d. . . ) , e. . , , , , , , , ( d. . . ) , , , , ( d. . . ) , , , , , , , , , r. . , , , , , ( d. . p. . d. . ) , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . selebey , selby , suleby h. . , , , ( d. . . ) , e. . , ( d. . . ) , , , , ( d. . ) , , , ( d. . ● . ) , ( d. . . ) , , ( d. . . ) , , , , e. . , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . ) , ▪ ( d. . . ) , ( d. . . ) , , , , ( d. . ) , ( d. . . ) , , , , , , ( d. , . ) , ( d. . ) , , , , , , ( d. . . ) , ( d. . . ) e. . , , , , , , , ( d. . . ) , , , , ( d. . . ) , , , , , , , , r. . , , , , ( d. . & . d. . ) , , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . sherburne , , ( d. . ) e. . , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) e. . stanley in arderne , , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) e. . stanlawe , ( d. . ) , ( d. ● . . ) e. . stonely , stanley , stanlegh in wilts ( d. . ) , , ( d. . . ) e. . , , , , ( d. . . ) e. . strata florida , ( d. . ) , , ( d. . . ) , ( d. . . ) ● e. . stratford at bogh , ( d. . ) , , ( d. . . ) , ( d. . . ) e. . , ( d. . , , , ( d. . . ) e. . swynesheued , ( d. . ) , , ( d. . . ) e. . ( t ) tame h. tavistoke h. . , ( d. . . ) e. . , ( d. . ) e. . teukesbury h. . , , ( d. . . ) e. . , ( d. . ) e. . thorney h. . , , , ( d. . . ) , ( d. . . ) e. . , , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . ● . ) , , , e. . , ( d. . ● . , ( d. . ● . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , , ( d. . . ) , ( d. . ) , , , , , ( d. ● . . ) ● , ( d. . ● . ) , ( d. . . ) , , , , , , , , ( d. . . ) , , ( d. . . ) ● . . , , , , , , , ( d. . . ) , , , , ( d. . . ) , , , , , , , , , r. . , , , , ( p. . d. . p. . d. . ) , , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . thornton super humber , ( d. . ) e. . , , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , , e. . , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) . e. . tiche●ielde , ( d. . ) , , ( d. . . ) , e. . , ( d. . ) e. . tint●rne ( d. . ) , , ( d. . . ) e. . torre , ( d. . ) , , ( d. . . ) , e. . , ( d. . ) , , e. . tupholme , ( d. . ) , , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . ) e. . tyletye , ( d. . ) , , ( d. . . ) e. . ( v ) valle d●i h. . ) ( d. . ) . . ( d. . . ) , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . ) e. . valle r●gali , ( d. . ) , , ( d. . . ) , e. . ( w. ) ●altham & wautham sanctae crucis h. . ( d. . . ) , , , ( d. , . ) , ( d. . ) , e. . , ( d. . ) . , , , , ( d. . . ) . , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , e. . , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , , ( d. . . ) , ( d. . . ) , , , , , ( d. . . ) , ( d. . . ) . , ( d. . . ) , , , , , , , ( d. . . ) , , ( d. . . ) e. . , , , , , , , , , , , , . , , , , , r. . , , , , , , , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . warden , wardon de boxle h. , , ( d. . . ) e. . waverly , waverle h. . . , , ( d. . , ) , , ( d. . . ) e. . wellebeck , ( d. . ) , , ( d. . . ) , ( d. . . ) , e. . , ( d. . ) , , , , ( d. . . ) , . , ( d. . . ) , ( d. . . ) , ( d. . ) e. . westminster sancti petri h. . , , , ( d. . , ) , , ( d. . . ) , e. . . ( d. . ) , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , , e , . , ( d. . . ) , ( d. , . ) , ( d. . . ) , ( d. . . ) , ( d. . , . . ) , , , ( d. . , ) , ( d. . . ) . ( d. ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , , ( d. . . ) , ( d. . . ) , ; , , , , ( d. , . ) , ( d. . . ) , , ( d. . . ) , , , , , , ( d. . . ) , , ( d. . . ) e. . , , , , , , , , , , , , , , , , , , , , r. . , , , , , , , h , . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . whiteby , wyteby h. . , , ( d. . ) e. . . ( d. . ) , ( d. . ) e. . winchecombe h. . , , ( d. . ) , ( d. . . ) , ( d. . . ) , e. . , ( d. . . . ) , , , , , ( d. , . ) , , , ( d. . . ) , ( d. . . ) , ( d. . ) , , , , e. . . ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , ( d. . ) . ( d. . . ) , , , , , , ( d. , . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , , ( d. . . ) e. , , , , , , . , , , , ▪ . , , , , , . r . , , , , , , , , h. . , , , , , , , h. . , , , , , , , . , , , , , , , , , , , , , , . h. . , , , , & e. . the total number of the abbots summoned at several times , ( taking hales and hayles as distinct , ) is ● . an alphabetical catalogue of the priors and masters of religious orders summoned to the parliaments and great councils of england . bartholmew london h. . bath e. . bermundesey h. . bernewell , h. . blida h. . bridlington h. . . ( d. . ) , ( d. . ) , ( d. . ) , , , e. . bouver , or beuver h. . christ-church canterbury , , , ( d. . ) e. . , ( d. . . ) e. . , ( d. . ) , ( d. , ) , e. . coventre h. . , , ( d. . ) e. . , , , , , , , , ( d. . . ) , , ( d. . . ) e. . , , , , , , , , , , , , , , , , , , , , r. . , , , , , , , , h. . , , , , , , , h. . , , , , , , , , , , , , , , , , , , , , , h. . , , , , & e. . cruceroyes h. . dunolme h. . e. . dunstaple h. . ely h. . , e. . e. . d. . eton h. . finnesh●ued h. . friswid oxon h. . giseburn h. . , ( d. . ) e. . huntingdon h. . iohn ierusalem in anglia h. . , , , ( d. . . ) , ( d. . ) e. . , ( d. . ) , , , , ( d. . . ) , , . ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , e. . , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , , ( d. . . ) , d. ( , . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) , , , , , , ( d. . . ) . ( d. . . ) , , , ; , ( d. , . ) , ( d. . . ) , , , ( d. . . ) , , , , , . , ( d. . . ) , , ( d. . . ) e. . , , , , , , , , , , , , , , , , , , , r. . , , , , , , , , h. . , , , h. . , , , , , , , , , , , , , , h. . , , , . & e. . karliol h. . kinleworth h. . lauda h. . ledes h. . lenton . h. . lews , or lewes h. . , ( d. . . . ) . . , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , e. . . ( d. . . ) , ( d. . . ) , ( d. . . . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. , . ) , , , , , , ( d. . . ) , ( d. . . ) , , , , , , e. . merton h. . , ( d. . ) , ( d. . ) e. . n●ots h. . n●rwich h. . , e. . oswald h. . parco h. . roffen . e. . d. . magist●● ordinis de s●mpingham , semplingham , and sempringham , sometimes written prior h. . , , ( d. . . ) . ( d. . ) e. . , . ( d. . . ) , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) e. . . ( d. . . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) e. . stodley h. . spalding h. . , , , , , ( d. . . ) , , , ( d. . . ) , ( d. . . ) , ( d. . ) , , , , e. . , ( d. . . ) , ( d. . . ) , ( d. . . , . ) , , , ( d. . . ) , ( d. . ) , ( d. . . . ) , , ( d. . . ) , ( d. . . ) e. . swithe●● winton h. . , e. . e. . magister militiae templi in anglia h. . , , , , ( d. . . ) . ( d. . ) e. . ( d. . ) e. . this order of the templars was dissolved under king edward the . and their lands ●scheated , setled on the hospitallers by the statute of e. . so that the mr. of the templars was never after summoned . thurgarton h. . trinity cant. h. . trinity ebor. h. . watton h. . wigorne e. . the total of the priors and masters of orders . deans and other particular clergy-men summoned . decan . ebor. decan . sarum , decan . lincoln , decan . exon , decan . de well : h. . magistro gilberto middleton archid. northampton● offic. cur. cantuar. magistr . roberto de sanct. albano decano de arcubus london : e. . dors , . decano wellen. e. . dors . . by this alphabetical exact table it is apparent , . that the total number of the abbots at any times summoned to parliaments and great councils of state by special writs and memorials entred in the clause rolls , was . and the total summ of priors and masters of religious orders thus summoned , . in all . besides the deans , and the official of the court of canterbury and dean of the arches . . that of all this numerous multitude of abbots , priors , and masters of religious orders thus summoned at several times upon particular reasons and occasions , there were only abbots constantly summoned towards the latter end of king edward the . his reign , and the beg●●ning of richard the d . to the end of king edward the th , and the dissolution of monasteries ; to wit , the abbots of abingdon , st. albans , st. augustines canterbury , bardeny , de bello , de burgo sancti petri , cirencester , colecester , croyland , st. edmonds bury , evesham , glaston , gloucester , hida , hulmo , malmesbury , st. maries of york , rading , ramesy , salop , seleby , thorney , waltham , westminster and winchecombe ; and two priors only , namely of coventre , and of the hospitall of s. iohn of ierusalem in england . . that . of these . abbots , and . of these priors , were summoned only but once ; . of these abbots and . of these priors but twice ; . of these abbots and . priors only thrice ; . abbots and . priors but . times ; . abbots but . times , others . . . . or . times summoned , and no more , then totally omitted out of the summons ever after . ly , that some abbots and priors summoned to very many parliaments , and great councils , were yet afterwards omitted out of the summons , and never called by writ unto them afterwards . for instance , the abbots of st. augustines bristoll were summoned to . of barlinges to . of cumbe to . the abbots of croxton to . d●●ontibus to . of ●urneyes to . of hales to . of melsa to . of mira valle to . of osency to . of thornton to . the master and prior of the order of semplingham to . the prior of lews or lewes to . and the prior of spalding to parliaments and great councils under henry the . edward . . or . and yet they were never summoned to any parliaments after king edward the . the prior of st. iames northampton summoned once under henry the d. being summoned ann. e. . was ( upon his petition prosecuted by his proctor ) discharged from any future summons , and lest out of the rolls after e. . because non tenet de rege per baroniam , nec 〈◊〉 capite ; sed tantum in puram et perpetuam eleemosynam , nec praedecessores sui unquam in cancellaria i● rotulati fuerunt , nisi ad stimulationem aliquorum malignorum ▪ possent alias , p●r casum irrotulari● , et per consequens citari ▪ as you may read at large in a mr. sclden . the prior of bridlington was summoned . times under henry the . and edward . and then in ed : . there was this entry made in the roll , nihil tenet de rege , and no future summons issued to him afterwards : the abbot of leicester was summoned to no less than parliaments and great councils under henry . and ed. , , . before e. . yet after all these summons there is this entry made upon his summons , ann. e. . ( here , p. . ) abbas leicestr , cancellatur , quia habet cartam regis quod non compellatur venira ad parliamentum : the grounds of which discharge are thus expressed in the charter of his exemption from future summons granted upon his petition in parliament . b rex omnibus ad quos , &c. salutem . supplicavit nobis dilectus nobis in christo abbas de lecestria , ut , cum abbatia sua praedicta per robertum fitz robert de m●kan , dudum comitem leycestriae , fundata fuisset in puram & perpetuam elemosinam , & advocatio ●ive patronatus ejusdem ad manus domini h. quondam regis angliae proavi nostri , per forisfactum simonis d● mont●●orti tune comitis leycestriae & pa●●oni ejusdem devenerir , idemque abbas aliqua terras seu tenementa de nobis per baroniam seu alio modo non teneat , per quod ad parliamenta sen consilia nostra venire teneatur , nec aliquis praedecessorum suorum ante quadragesimum nonum annum dicti proavi nostri , post ●orisfacturam praedicti simonis ( quo anno omnes abbates et priores regni nostri angliae , ad parliamentum ejusdem proavi nostri tune tentum , voluntarie summoniti fuerunt ) summonitus extiterit , velimus ipsum abbarem de hujusmodi adventu ad parliamentum factae exonerari ; et quia visis cartis & confirmationibus de ●erris & tenementis eidem abbatiae datis et concessis in cancellariae nostrae irrot ulatis compertum est , quod dicta abbatia per praedictum robert fitz robert de mekan , tunc comitem leycestriae , fundata erat in puram et perpetuam elemosinam , et non invenitur in rotulis praedictis , quod prae dictus abbas aliqua ●erras seu tenementa de nobis tenet per baroniam seu aliquo alio servitio , nec quod praedecessores sui abbates loci praedicti ad aliqua parliamenta progenitorum nostrorum ante praedictum quadragesimum nonum annum dicti proavi nostri aut postmodum continu● , sed vicibus interpola●is , summoniti fuerint ; nolentes ipsum abbatem indebirè sic vexari , concessimus pro nobis et haeredibus nostris , quod idem abbas et successores sui de veniendo ad parliamenta et consilia nostra vel haeredum nostrorum de caetero quieti sint & exonerati imperpetuum . ita semper quod dictus abbas & succe●●ores sui in procuratores ad hujusmodi parliamenta & consilia per clerum mittendos consentiant & ut moris est expensis contribuant eorundem . in cujus , &c. teste rege apud west monasterium xv. die februar . per petitionem de parliamento . after which patent and entry this abbot being summoned again in the lists of . & e. . upon complaint thereof , there was this memorandum made in the clause roll of e. . cancella●ur abbas leycestriae , quia hab●● cartam regis , quod non compellatur v●nir● ad parliam●ntum . the abbot of tavistock was summoned to parliaments and parliamentary councils under h. . ed. . and ed. . the last whereof was in e. . but never after ; yet king henry the . in the . year of his reign , created richard banham abbot of tavistocke and his successors , to be one of the spiritual and religious lords of the parliament , of himself his heirs and successors ; yet withall pardoned their absence at any time from parliament , by reason of their great distance from it , paying only the fine of . marks for every time they should be personally absent into the kings exchequer , as this patent manifests . henricus , &c. c sciatis quod certis considerationibu● nos specialitè● moventibus , & o● specialem devotionem quam ad beatam virginem mariam matrem christi , sanctumque rumonum , in quorum honore abbatia de tavistocke , quae de fundatione nobilium progenitorum nostroum quondam regum angliae & nostro patronatu dedicata existir ; gerimus et habemus , hinc est , quod de gratia nostra speciali ac ex certa scientia & mero motu nostris , volumus candem abbatiam sive monasterium nostrum gaudere honore , priuilegio , ac liberratibus spiritualium dominorum parliamenti nostri haeredum & successorum nostrorum . ideo concessimus & per praesentes concedimus , pro nobis haeredibus & successoribus nostris quantum in nobis est , dilecto nobis in christo richardo banha● abbati de tavistocke praedicto & successoribus suis , ut eorum quilibet qui pro tempore ibidem fuerit abbas , sit et erit unus de spiritualibus & religiosis dominis parliamenti nostri haeredum & successorum nostrorum , gaudendo honore , privilegio ac libertatibus ejusdem ; et insuper , de uberiori gratia nostra , a●●●ctando utilitatem dicti nostri monasterii , considerando ejus distantiam , ita quod si contingat aliquem abbatem qui pro tempore fuerit fore vel esse absentem propter praedicti monasterii utilitatem in non veniendo ad parliamentum praedictum haeredum vel successorum nostrum , quam quidem absentiam eidem abbati perdonamus per praesentes ; ita tamen quod tune solve● pro hujusmodi ab●entia cujuslibet parliamenti integri in nostro scaccario , suum per attornatum quinque marcas nobis , haeredibus sive succe●●oribus nostris , totiens quotiens , ho● infuturum contigerit . in cujus , &c. teste , &c. vicesimo ter●io die ianuarii , &c. sir edward cooke in his . institutes , p. . affirms this patent to be void in law ; but upon such a poor reason , as will made all temporal lords , barons , earles , and dukes patents likewise void , if they hold not by barony ; and i conceive it to be good in law , upon consideration of the premises , that our kings did at their pleasure , without any special patents of creation , summon what abbots and priors they thought meet to their parliaments , and omitted , discharged them at their pleasures , as the premises plentifully manifest beyond contradiction . . it is most demonstratively and experimentally evident by this table : that the kings bare writs of summons of abbots , priors , masters of religious orders , deans , and other clergymen not holding by barony , and their sitting in parliaments and great councils , and debating , consulting , advising with the king and the rest of the abbots , priors , bishops , earls , lords and barons of the realm in parliament according to the tenor of the writs of summons ( issued to them all in the self-same form ) did neither really or actually ennoble either them , nor their successors ( for then by d sir edward cooks own doctrine ) they ought , ex debito justitiae , to have been summoned constantly during life , and their successors after them , when they had been called by writ , actually sate in one , two , much more if in three or four parliaments ; when most of them who were summoned sate only in , , , , , , , or . parliaments and no more ; and neither they nor their successors were ever after summoned ; yea some of ●hem after above , , , , and . summons to , and sessions in parliaments under several kings , have been afterwards discharged , or left out of the writs of summons , as no barons nor peers of the realm , because they held not by barony of the king : therefore their writs of summons and session did only make them but momentany and quasi temporary peers , or spiritual lords pro hac vice only , when and whiles they were summoned to , and sate in any particular parliament or great co●ncil amongst the rest of the prelates and lords , not after they were dissolved , when both their tempora●ie . pe●●●ge and lordships ( if their writ● and session● made them lords or peer● pro tempore , ) expired with the parliaments : and by the self-same ground , reason , the kings summons of any knights , esquires , or other laymen to parliament by a general wri●● , who held not by barony , without any special clause creating them barons by writs or parents , and their actual sitting in parliament , can neither ennoble themselves , nor make them lords , barons , or peers of the realm for life , much lesse their heirs males in fee , or for perpet●ity after their deceases , but onely make them quasi peers , or great men , or rather assistants to , and joynt co●nsellors with the lords in parliament pro tempore , so long as the parliaments to which they are summoned and in which they sit continue , but no longer ; as i have e elsewher● proved , and shall further demonstratively evidence in the next section , against sir edward cookes and others mistakes therein . . that our kings by their prerogative and royall authority alone did upon all extraordinary occasions summon what abbots , priors , religious and ecclesiastical persons they thought meet , in the self same manner , and by the self same forms of writs , as they summoned the bishops , abbots , peers and other lords who were actual peers and barons of the realm , in greater or smaller numbers as they and their council thought mee●est ; who sate , consulted , advised in parliament , together with the king and the rest of the lords : which royal prerogative and jurisdiction was never questioned , oppugned , complained or voted against in any antient parliaments to my knowledge ; which being our kings parliaments , yea the grand councils both of the king and kingdom , ( as the writs of summons and all prologues and acts of parliament stile them ) they might thereupon lawfully summon to them what persons they deemed most fit and able to advise , assist them , and to promote , dispatch their publike affairs , for their own and the kingdomes benefit , safety , defence , and common welfare ; though no actual peers , lords , or barons of the realm by patent , or tenure ; as will more fully appear by the two next sections . . this table doth undeniably convince the forecited memorandum ( p. . ) entred in cl. e. . m. . istis abbatibus et prioribus subscriptis , non solebat scribi in aliis parliamentis ; viz. abbati de teukesbury , with abbots and priors there named to be full of gross mistakes : for i find the abbot of st. augustines bristol summoned no less than . times before , and . times after e. . and the abbot of bardenay no less than . times sommoned before , and . times after it , being one of the abbots constantly summoned till the e. . and dissolution of monasteries : the abbot of barlinges . times before it : the abbot de bello . times before , and . after it , being one of the abbots constantly summoned as a baron : the abbot of burton upon trent times : the prior of bridlington . times , the prior of chester . times , the abbot de fontibus . the abbot of furneyes . times : the abbot of gerveux ( gervall , or iorvall ) . times : the prior of gis●urn thrice : the abbot of hayles times : the abbot of l●●●●nes twice : the abbot of st. ositha . time● , the abbot of per●hore . times the abbot of ryevall . times : the master and prior of the order of sempingham . times , the abbot of stratford . times , all of them before e. . the abbot of tavistock . thrice before , and twice after i● : the abbot of tham● once , the abbot of teukesbury . times , and the abbot of wardon . times before it : only to the abbots of boghland , langedon and w●alley therein mentioned i finde no writs of summons in any rolls , unless boghland , be meant of bocland ( as i conceive it is ) who was twice summoned ; and langedon for lavedon who was . times ; and whalley for wave ley , who was . times summoned by writ before this memorandum ; entred by some ignorant clerk , who had not well examined the former clause rol●s and lists of summons . . that the bishops , abbots and priors summoned constantly and of right to our parliaments and great councils by writ , were thus summoned to them , not as they were bishops , abbots , or priors , but in respect of their * baronies , which they held of , by , from and under our kings ; as is evident by the recognition made in the great parliamentary council at a clarindon , ann. . b by petrus blesensis his treatise de institutione episcop● : dedicated to king henry the d ; by the judgement given against thomas becket archbishop of canterbury in a council at northam●ton anno . ( h. . ) recorded by c william fitz-stephens ; d by the great charter of king iohn , anno . ( iohanis ) by that e of matthew paris anno . septimo calendas februarii , convenerunt ad colloquium apud westmonasterium rex , cum praelatis et aliis magnatibus , ubi exegit idem rex scutagium , de quolibet scuto tres marcas ▪ ab omnibus qui baron●as tenebant tam laicis quam praelatis : ●ui richardus can●uariensis archiepi●copus , et quidam episcopi cum eo , aud●cter resistentes , dixerunt . quod non tenentur viri ecclesiastici judicio subjici laicorum , cum absque 〈◊〉 concessum ●uit , scutagium in finibus ●ransm●●inis . tandem ●et● post mustas inde disceptationes , negotium quan●●m ad praelatos reclamantes pertinebat usque . dies post pascha dilationem ac●●pit ; * and by this notible passage of the continuer of matthew paris anno . ( h. . ) rex citati f●cit comites et barones , archiepiscopos , episcopos et abbates , omnesque communiter militare servitium sibi debenter , ut apud sanctum edmundum , equis et a●mis sufficienter instructi convenirent , ad impe●endum ●os , qui contra pacem regiam occupaverunt ins●l●m eljensem , &c. abaduna●is qui ad parliamentum citati suerant , praeter rebelles , primo principaliter rex et legarus subscriptos articulos exigebant ; ut omnes praelati & rectores ecclesiarum decimas sibi concederent , de tribus annis sequentibus , & de anno pr●ximo prae●e●ito ▪ quantum dabunt baronibus ad custodiendum mare contra alienigena● . responsio . ad hoc responderunt , quod bellum inceptum fuerat per iniquam cupiditatem , & durat in praesens , & necessarium esset , hujusmodi petitiones pessimas praeterire , & de pace regni tractare , et parliamentum suum ad utilitatem ecclesiae et regni convertere , non ad denatiorum extorsionem : praecipue quum terra in tantum destructa sit per bellum , quod nunquam , vel saltem sero poterit respirate . secundu● . item petitum est , ut ecclesiae taxarentur per manus laicorum , justa et alta taxatione , ad valorem omnium bonorum spectantium ad easdem . responsio . ad hoc respondebatur , quod non est ratio , sed omnino contra justiciam , ut laici de decimis colligendis se intromittant , nec in hoc unquam consentirent communiter , sed tantum ut taxa●io antiqua staret . tertius . item , ut episcopi & abbates , &c. decimam suam darent de baroniis suis plenarie , et de laico feudo recta & alta taxatione . responsio . ad hoc respondebatur , quod depraedationibus sunt depauperati , et sequuti sunt regem in expeditione , & tanta pecuniarum effusione , quod omnino pauperes sunt effecti , e● etiam ●errae eorum incultae ●ac●bant propter bellum . quartus . item petirum est , ut clerus communiter daret domino regi , ad relevandum sta●um suum , triginta millia marcarum , propter ante dictas decimas , quas quidem legat us vendicabat ad opus romanae curiae , propter debita siciliae , apuliae , et calabriae contracta , in nomine domini edmundi filii regis modo praesentis . responsio . ad hoc respondebatur , quod ●ihil darent , quia omnes hujusmodi taxationes & extorsiones per regem factae prius , nunquam in regis utilitatem vel regni sunt conversae . quiutus . item petitum est , ut omnes clerici tenentes baronias , vel laicum feudum , personaliter armati procederent contra regios adversarios , vel tantum servirium in expeditione regis invenirent , quantum pertineret ad tantam terram , vel tenementum . responsio . ad hoc respondebatur , quod non debent pugnare cum gladio materiali , sed spiti●uali , scilicet cum lachrymis & orationibus humilibus & devotis . et quod propter beneficia sua tenentur pacem manu tenere , non bellum . et quod baroniae eorum ab eleemosynis puris stabiliuntur : unde servitium militare non debent , nisi certum , nec novum incipient . sextus . item petitum est , ut clerus communiter a●quietaret novem millia marcarum , quas episcopus roffensis laurentius , episcopus bathoniensis willielmus , & abbas westmonasterii richardus , mutuo receperunt à mercatoribus domini papae in curia romana , quando fuerunt ibidem , pro regiis negotiis ex●ediendis . responsio . ad hoc respondebatur , quod nunquam consentiebant mutuationi tanti debiti , nec unquam inde scieb●nt , unde in nullo tenentur illud adquietare . septimus . item petitum est ex parte papae , ut fi●ret praedicatio in omni festinatione de cruce per totum regnum , ad expugnand●m populum , quem curia providere , vel ad crucem perpet●am redimendum . responsio . ad hoc respondebatur , quod populus t●rrae per bellum in magna parte perimitur , & si modo cruce signarentur , pauci vel nulli ad defensionem patriae remanerent . unde manifestum est , quod legatus vellet naturalem terrae progeniem exulare , ut alienigenae liberius conquirere possint terram . octavus . item dicebatur , quod praelati tenebantur ad omnes petitiones , vellent nollent , propter juramentum de coventre , ubi juraverunt quod domino regi auxiliarentur modis omnibus , quibus possent . responsio . ad hoc responderunt , quod quando juramentum fecerunt , non intelligebant de alio auxilio quam spirituali , consilioque salubri . by which demands and answers ( not unsutable nor unseasonable for the consideration of our present times ) it is apparent ; that the clergy ought not to be taxed by the laity for their ecclesiasticall baronies and temporal lands in parliament , but only by themselves , much less then for their spiritualties and benefices ; and that their baronies held of the king , obliged them to sit and serve in parliaments , yet did not bind them to serve the king in person in his wars ; nor to foment any wars between him and his subjects , but rather to advise him to maintain peace not wars . by matthew westminsters a relation , that the archbishop of canterbury who the year before had all his temporalties and goods seised into the kings hands for refusing to grant a subsidy to the king , for fear of pope boniface the . his constitution to the contrary ; together with the rest of the clergy being put out of the kings protection upon this occasion , was this year restored to the kings grace and favor , atque reddita sibi baronia sua . and by this protestation of the bishops , abbots , priors and clergy in the b parliament of rich. the . rotul . parliamenti parte . nu . . artic. . de iure et consuetudine regni angliae ad archiepiscopum cantuariensem qui pro tempore fueri● , n●●non caeteros suffraganeos , comfraires & compatres abbates et priores , aliosqve praelatos qvoscunqve per baroniam de domino rege tenentes , pertinet in parliamentis regiis quibus cunque ut pares regni praedicti personaliter interess● . ibidemque de regni negotiis ac aliis tractari 〈…〉 cum caeteris decti regni paribus , et aliis i 〈…〉 interessendi 〈…〉 , consulere et tractare , ordinare , statuere et diffinire , ac caetera facere quae parliamenti tempore ibide●● invenient facienda . of which , those who please may finde many other testimonies , in my plea for the lords , p. . to . . to . and in mr : seldens titles of honor , part. . chapter . section . to . , it is observable , that when any archbishop died , after the writ of summons to parliament issued to him with a praemunientes , &c. and before the return and execution thereof ; the king thereupon issued a new writ of summons to the guardian of the spiritualties of the archbishoprick , with a praemunientes to summon the dean , chapter , archdeacon and clergy of the province , with a particular writ to the dean and chapter of his church to appear at the said parliament ; as is evident by these two memorable writs in claus. e. . m. . dorso . rex custodi spiritualitatis archiepiscopatus eborum . sede vacante , salutem . quia nup●r tempore quo parliamentum nostrum usque lincoln . in quindena s●●ncti hillarii prox . futur . summoneri mandavimus bonae memoriae w. pro tunc archie piscopo loci praedicti jam de ●uncto , quod in propria persona sua dicto parliamento nostro interesser , ac quod praemuniri faciet decanum et capitulum ecclesiae suae be●ti petri ebor. totumque clerum suae dioc : quod dicti decanus et archidiaconi in propriis pers●nis suis , dictumque capitulum per unnm , et dictus clerus per duos procuratores idoneos dicto parliamento similiter interestent , ad tractandum ibidem nobl●cum super negotiis nos et statum regni nostri ●●ng●●tibus pro quibus dictum parliamentum mandavimus convocari . nos nolentes per mortem praefati archiepiscopi dicta mandata nostra differri , set ea potius per vos executioni debito demandari , vobis mandamus , quod vos in propria persona vestra dictis die et loco intersitis . praemunientes praedictos decanum et capitulum , archidiaconos , totumque clerum praedictum , quod iidem decanus et archididiaconi in propriis personis suis , dictumque capitulum per unum , ac dictus clerus per duos procuratores dicto parliamento nostro in quindena praedicta intersint . ad tractandum ibidem nobiscum super negotiis praedictis in forma supradicta , et ad consentiendum hiis quae ●unc ibidem de communi consilio contigerit ordinari . et hoc nullatenus omittatis . t. rege apud clipston die januarii , per ipsum regem . rex dilectis sibi in christo decano et capitulo ecclesiae beati petri ebor : salutem . quia nuper , &c. ( ut supra ; ) et quod praemuniri faciet vos , archidiaconos , totumque clerum suae diocaes . quod praefati decanus et archidiaconi in propriis personis vestris , dictumque capitulum per ●●um , et praedictus clerus per duos procuratores dicto parliamento nostro similiter interessetis , ad tractandum ibidem , &c. nos nolentes , &c. vobis mandamus , quod vos praefatus decanus in propria persona vestra dicto parliamento in quindena praedicta intersitis , et vos dictum capitulum per unum procuratorem sufficientem sitis similiter , ad tr●ctandum ibidem , &c. teste ut supra . per ipsum regem . that no private prelates and clergy men could grant a subsidy to binde the rest of the clergy for the necessary defence of the church , king , kingdom , against invading enemies , without the general consent of the archbishops , and all the clergy summoned in convocation within their respective provinces ; as is most apparent by this memorable writ to the archbishop of canterbury , and the like to the gardian of the spiritualties of the archbishoprick of york , wherewith i shall close up this section , and my observations on it . claus. e. . m. . rex venerabil● in christo patri . w. eadem gratia archiepiscopo cantuar. &c. salutem . pro firmo credimus et tenemus , quod ad ea quae regni nostri salva ionem et ●opul● nobis commissi tranquillitatem et quietem respi●iunt cum dei adjutorio feliciter promovenda mauus velitis extendere liberalit●r adjuvantes . quidam itaque praelati et alii de clero provinciae vestre convoca●i , quos ad interessendum parliamento nostro apud lincoln . f●●imus summoneri , ibidem , ex parte nostra super subsidio nobis pro guerra nostra scotiae fa●●●nda requisiti ad urgentem necessitatem in hac parte , & inevitabile periculum quod tam ecclesiae anglicanae quam nobis et toti poputo nostro ex scotorum inimicorum et rebellium nostrorum , ( qui pluries r●gnum nostrum hostiliter sunt ingressi , depraedationes , ino●ndia , homicidia at alla dampna quamplunima intul●runt perpetrando ) obstinat a malitia pot●rit imminere , nisi ●orum nequitiae citius et poten●●cus cum dei adjutorio resistatur , suae considerationis intuitum dirigentes ad subsidium nobis ex causa praedict●s faciendum , quatenus vo●is absentibus cui subsu● , ●t in quorundam aliorum tam praelatorum , quam religiosorum et caeterorum de clero dictae provinciae absentia potuerunt , unanimiter consenserunt : ita tamen quod tam ipsi quam alii de clero vestrae provinciae qui in dicto parliamento pra●entes non fuerunt coram vobis ad tractandum et consentiendum vestra auctoritate interveniente de certo subsidio nobis , ut praemittitur , faciendo , in loco debito convocentur . vestram ig●●ur paternitatem reverendam , de qua fiduciam gerimus pl●ni●rem requirimus et rogamus , quatinus omnes pralatos , tam religiosos quam alios , caterosque de clero provinciae vestrae supradictae , quod sint coram vobis apud lond●n die m●rcurii prox . post quindenam pasch. prox . futur . ad ultimum , ad tractand . in vestra praesentia , et una vobiscum consentiend . super subsidio memorato , convocari faciatis . 〈…〉 subsidio nomine nostro audiendam , it nobis post modū reportandam . teste rege apud lincoln . die febr. eodem modo mandatum est custodi spiritualitatis archiepiscopatus eborum . sede vacante mutatis competenter mutandis , excepto quod clerum eborae . provinciae venir● 〈◊〉 〈◊〉 ipso apud eborum à di● paschae in un●m mensem ▪ &c. teste ut supra . what ever else concerns the prelates , abbots , priors , convocation and cl●ry ; is reserved for its proper plac● in subsequent sections . section ii. of the several writs of summons to parliaments and great councils , directed to the temporal lords ; as the king of castel , the prince of wales , dukes , marquesses , earls , viscounts , lords , barons , and other great men of the lords house ; whereof there are several forms and varieties ; with observations on them . some pretended antiquaries , not well versed in our records , in their late printed discourses of the antiquity of the parliaments of england , p. . . . . meeting with a transcript of ancient writs issued to earls , barons and great men holding lands of the king by knight service , to repair to him at a certain time and place , cum equis et armis , for his defence against enemies or rebels in times of warrs , insurrection , or danger , have injudiciously conceived these writs , to be writs of summons to parliaments , or confounded them promiscuously with them ; affirming ; that they find these writs recorded among the parliament rolls of . ( or . ) e. . and therefore thought good to remember them . when as there are ●o such writs extant in any parliament rolls in the tower ; nor any writs of summons to parliaments or great councils , entred in our parliament rolls ( as they ignorantly publish ) but only in the dorse of the clause rolls , quite different and distinct from the rolls of our parliaments , as the meanest novice in records can ascertain them . upon the like mistake some have conceited these ensuing writs of claus. & h. . to be writs of summons to parliaments and great councils , when as the writs themselves declare the contrary , that they were only summons , to assist the king against enemies and rebells , with horses and arms , and all their power ; not to counsel , advise , or grant any aydes of money to him in parliament . a rex willielmo de bello campo de aumel , salutem . mandamus vobis in fide et homagio quibus nobis tenemini firmiter injungentes , quod omnibus aliis praetermissis ad nos sitis london in craftino apostolorum simonis et iudae absque dilatione ulteriori , cum equis et armis , et cum posse vestro , tam de servitio vestro nobis d●bito , quam de subventione amicorum vestrorum , pro quibusdam urgentibus ●●egotiis personam nostram specialiter et statum coronae nostrae tangentibus . et hoc sicut de vestra fid●litate et dilectione confidentiam gerimus speciale●●ullatenus omittatis . quia subventionem qu●m nobis et coronae nostrae praeter servicium nobis debitum ad praesens feceritis , in consequentiam trahi nolumus , nec vobis per hoc ullo tempore derogari . taliter vos habeatis in hac parte quod dicto die absque defalta ad nos sitis , ita quod vobis exinde in perpetuo teneamus ad grates . teste rege apud turrim london die octobris . eodem modo mandatum est phil : basset , and . barons and great men holding by knights service , there registred by name . after which this writ ensues in the same dorse . rex abbati de burgo sancti petri , salutem . mandamus vobis in fide et dilectione quibus nobis tenemini firmiter injungentes , quod omnibus aliis praetermissis mittaris nobis servitium vestrum quod nobis debetis ; ita quod sitis ad nos in crastino sancti martini absque defalto , pro quibusdam urgentibus negotiis personam nostram specialiter et statum regni nostri tangentibus . et hoc sub debito fidelitatis qua nobis ●enemini nullatenus omittatis . teste ut supra . eodem modo mandatum est , to abbots more , whose names are there listed in the roll : then follows this entry . isti subscripti vocati sunt ad crastinum apostolorum simonis & iudae cum equis et armis ; thomas de chauro : with . more there named after him . mandatnm est vicecomiti essex , quod summoneri faciat omnes illos de honoribus de redleg et castro baynard , et de hundredo de rochford , quod veniant ad regem ad ●undem diem cum servicio suo regi debito . the like writs issued to divers others in this and other membrana●s of this roll of h. . to ayde the king against the barons then in rebellion against him , and reduce them to their obedience , as is evident by this writ to the earl of flanders , though not particularly expressed in the precedent writs . b rex comiti flandriae , salutem . quiae magnates nostri nobis aliquandiu rebelles extiterini , propter quod , nisi citius resipiscant , aliud consilium nos opponere oportebit , dilectionem vestram requirimus et rogamus , quatinus taliter vobis providere velitis , quod ad nos centum milites et tot servientes ad arma bene munitos nobis mi●tere possitis : taliter vos habentes in hac parte , quod specialiter vobis teneamur ad gratias . teste rege apud windesor . die augusti . in h. . there issued these ensuing writs to sundry noblemen and others to aid the king against the welshmen then in rebellion against him , to suppress their rebellion , and reduce them to obedience . c rex , rogeto de bigot , comiti nor●● : & mariscallo angliae , salutem . mandamus vobis sub debito fidelitatis et homagii quibus nobis tenemini● et sicut ea quae de n●bis t●n●tis , diligitis , quod in festo beati petri ad vincula prox . futur . sitis apud wigorn. cum eqvis & armis , et cum servitio vestro nobis debito : parati exinde nobiscum proficisci in expeditionem nostram contra lewellinum filium griffini et complices suos rebelles nostros , et ita decenter in hac necessitate nostra ibidem v●niatis , ut dictorum nostrorum rebellivm versutia adeò potenter reprimatur , quod nobis et vobis cedat ad honorem , et exinde vobis ad grates teneamur speciales . teste rege apud westm. . die maii. eodem modo mandaium est to . nobles and others , whose names are there recorded . the d like writs of summons against the scots , welsh , french and other enemies and rebels , frequently occurre in the clause rolls of king iohn , henry . and edward , , . rich. . and other kings : which have no analogy with writs of summons to parliaments or great councils , wherewith some ignorant antiquaries would conjoyn them as homogeneal ; which i thought ●it to premise , to avoid all mistakes of this kinde . it is evident by this clause in the writs i●●ued to the bishops , claus. an. . iohannis regis m. . dorso . ( ●orecited , p. , . ) vestrum expedit habere consilium et aliorum magnatum terrae nostrae quos ad diem illvm et locum fecimvs convocari : that king iohn issued forth writs of summons to the temporal as well as spiritual lords , to summon them to the parliamentary council then held at london , though neither the form of the writs by which they were then summoned , nor any list of their names be entred in that or any other roll now extant . and by this clause in the writ of summons to the archbishop of york claus. h. . m. . dorso : ad tractandum nobiscum una cum caeteris magnatibus nostris quos similiter fecimus convocari ; it is most apparent , that the temporal lords and great men were likewise called to the parliamentary great council then assembled at london by writ , though there be no entry of those writs , nor catalogue of their names in that or any other rolls to be found , but only the single writ to one archbishop . all the antientest writs of summons of our temporal lords to great councils being utterly lost through negligence , or perished through the rust or consumption of time , the very first writ of summons to them , and kalendar of their names now remaining , is that of h. . dors . . cedula already recited at large , p. , . one and the self-same form of writ verbatim , being then directed both to the temporal and spiritual lords , though they usually differed in after times in some special clauses . after the eodem modo mandatum est ; and catalogue of the bishops , ●bbots , priors , deans , and ecclesiastical persons names then summoned to that parliamentary council by the self-same writs , there followed this list of the temporal lords and barons . item in forma praedicta mandatum est comitibus et aliis subscriptis : dat : de wodestok . comiti leicestr . comiti gloucestr . com. norff : & mariscallo angliae , comiti oxon. comiti d●rby , radulpho cameys , rogero de sancto iohanne , hugoni le despencer justic. angliae , iohanni filio iohannis , willo . de munchensey , nicho. de segrave , iohi , de vescy , rado : basset de drayton , henr. de hasting . galfrido de lucy , roberto de ros. iohanni de eyvil , ade de novo-mercato , waltero de colevyll , willielmo maryun , rogero bertram , rado . basset de sapcote , gilberto de gaunt . this parliamentary council was summoned soon after the great bloudy battel at evesham ( wherein the f barons who opposed k. henry were totally routed , simon de montford their general , and many others of of them slain in the field , and the rest scattered ) to settle the peace and tranquillity of the realm as the writ informs us ; the most of the barons and great men upon on this occasion being omitted out of the summons , though many more abbots , priors , and clergymen were summoned to it , than to any other succeeding parliament whatsoever , to supply the places of the barons then in actual rebellion , and give the greater reputation to this assembly , as i appreh●nd . the . writ of summons to the earls and temporal lords , is this of claus. e. . m. . dorso . which i shall transcribe at large : though entred with an &c. in the roll , with reference to the bishops writs , ut supra . rex , dilecto et fideli suo edmundo fratri suo com. lanc. salutem . quia super quibusdam arduis negotiis nos et regnum nostrum , ac vos caeterosque procetes et magnates de eodem regno , quae sine vestra et ●orum praesentia nolumus expediri , parliamentum nostrum tenere , et vobiscum super hiis colloquium habere volumus et tractatum ; vobis mandamus in fide et homagio quibus nobis tenemini firmiter injungentes , quod sitis ad nos apud westm. primo die mensis augusti prox , futuro , vel saltem infra tercium diem subsequentem ad ultimum , nobiscum super dictis negotiis tractaturi , et vestrum consilium impensuri . et hoc nullo modo omittatis . teste me ipso apud album monasterium die iulii . per breve de privato sigillo . eodem modo mandatum est singillatim per brevia clausa comitibus & baronibus subscriptis , viz. earls , and barons , and great men of the temporalty ; whose names , because tedious to repeat after every writ , i shall present you with in a short table in the observations , for brevity sake . the . writ is that recorded in clause anno e. . m. . dorso . rex dilecto consanguineo et fideli suo edmundo comiti cornub. salutem . quia super remediis contra pericula quae toto regno nostro hiis diebus imminent providendis , vobiscum et cum caeteris regni nostri proceribus habere volumus colloquium et tractatum : vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quod die dominica prox . post festum sancti martini in hieme prox . futur . apud westm : personaliter intersitis , ad tract●nd . ordinand . et faciend . nobiscum et cum praelatis , et caeteris proceribus , et aliis incolis regni nostri , qualiter sit hujusmodi periculis obviand : teste rege apud cantuar. primo die octobris . consimiles literae diriguntur subscriptis , viz. earls and barons and others great men of the laity : this writ differs in the prologue and date from that to the archbishop , bishops , abbots and priors , claus. e. . dors . . summoned to the same parliament , ( h●re , p. , . ) as you may discern by comparing them . the . writ is recorded in clause e. . m. . dorso . rex dilecto consanguineo et fideli suo , edmundo comiti cornub. salutem : quia super remediis contra pericula , &c. ( as before writ . ) vobis , &c. injungentes , quod in crastino animarum prox . ●utur . apud s. edmundum personaliter intersitis , ad tractand . ordinand . et faciend . nobiscum , et cum aliis regni nostri magnatibus &c. qualiter sit hujusmodi periculis obviand . et s●atui ejusdem regni tutius et utilius consulend . teste rege apud berewic . super twede die augusti . consimiles literae diriguntur subscriptis , viz. . earls and barons and great men . the . writ is thus registred , claus. e. . m. . dorso . rex , &c. edmundo comiti cornub : salutem . quia super quibusdam arduis negotiis nos et vos ac regnum nostrum contingentibus vobiscum , una cum quibusdam aliis proceribus et magnatibus ejusdem regni habere volumus colloquium et tractatum ; vobis mandamus in homagio , fide et dilectione quibus nobis tenemini firmiter injungentes , quod modis omnibus sitis●ad nos apud sarum , die dominica in festo sancti matthaei apostoli prox . sutur . ad ultimum ; nobiscum super dictis negotiis colloquium et tractatum specialiter habituri , vestrumque consilium impensuri ; et hoc sicut nos et honorem nostrum , ac salvationem regni nostri , et incolarum ejusdem diligitis , nullatenus omittatis . teste rege apud wetings die januarii . consimile mandatum habent siuguli comites , barones , et milites subscripti , viz. earls , barons , knights . the word milites being written over against the judges , and those of the kings council in the margin of the roll. the . writ i finde extant in claus. e. . m. . dorso . rex , &c. edmundo comiti cornub : salutem , quia super negotiis nostris ultramarinis , &c. ( ut supra , p. . . in the writ to the archbishop . ) vobis mandamus in fide et hom●gio quibus nobis tenemini , &c. ut supra : teste ut supra . eodem modo mandatum est subscriptis , viz. comitibus ; after which followes , the beginning of a writ , henrico percy , &c. and then consimiles literae diriguntur baronibus subscriptis , being more in particular . the . writ is entred in claus. e. . m. . dorso . rex , &c. edmundo comiti cornub : salurem . propter quaedam specialia et ardua negotia nos et statum regni nostri tangent ia , &c. ( as in the writ to the archbishop , p. . ) vobis mandamus in fide et homagio quibus nobis tenemini firmitet injungentes , quatinus sitis ad nos apud westm. in quindena paschae prox . nunc ventur . omnibus praetermissis ●d tractand . &c. teste ut supra . cons●miles literae diriguntur , viz. . comitibus , et baronibus et militibus subscriptis , viz. iohanni de hastings , and . more . the . is in claus. e. . m. . dorso ; ( the same verbatim with that to the archbishop , p. , . ) directed onely to earls and barons entred on the roll. the . is recorded in clause e. . m. . & . dors● . rex , &c. dilecto consangnineo et fratri suo edmundo comiti cornub : salutem . quia ad salvationem coronae nos●rae et communem ●tilitatem populi regni nostri sancta die dominica quadragesimae prox . futur . l●ndon . parliamentum ●enere , et vobiscum ac cum caeteris magnatibus et proceribus ejusdem regni super negotiis no● , et idem regnum contingentibus speciale colioquium habere volumus et tractatum . vobis mandamus in fide et homagio quibus nobis tenemini firmiter injungentes , quod ad praedictos diem et locum personaliter intersi●is nobiscum , ac cum caeteris magnatibus et proceribus praedictis , super dictis negotiis tracta●uri , et vestrum consilium impensuri . et hoc sicut nos et honorem nostrum diligitis nullatenus omittatis . teste rege apud barwicum super twede die decembris . consimiles literae diriguntur subscriptis ; viz. comitibus , other barons and great men : entred on the roll before the writs to the archbishops , bishops , abbots , and their lists of names . the . is registred in clause e. . m. . & dorso . rex dilecto et fideli suo , iohanni de warrena comiti surr : salutem . cum nuper pro communi utilitate , &c. ( as in the writ to the archbishop , p. , . ) vobis mandamus in fide et homagio quibus nobis tenemini , &c. teste ut supra . consimiles literae diriguntur comitibus , baronibus et mil●ibus subscriptis , viz. earls , and others . the . is thus filed in claus. anno . e. . m. . & . dorso . rex , edwardo princip● walliae et comiti cestriae filio suo carissimo , salutem . licet vos non lateat qualiter in parliamento nostro habito london : his diebus extitit ordinatum ; ut ad providendum consultius et salubrius ordinand . &c. ( as in the writ to the archbishop , p. . ) ex abundanti tamen vobis in fide et homagio quibus nobis tenemini firmiter injungendo mandamus , quod eidem futuro parliamento aliis quibuscunque negotiis omissis personaliter intersitis . teste ut supra . consimiles literae diriguntur subscriptis , viz. ▪ comitibus , and lords and great men . the . is that in claus. e. . m. . dorso . rex edwardo principi walliae , &c. ( ut supra ) quia super quibusdam ardnis negotiis nos et vos totumque regnum nostrum specialiter tangentibus , quae fine vobis et praelatis ac caeteris magnatibus dicti regni nostri nolumus expediri , vobiscum et cum praelatis et magnatibus habere volumus colloquium et tractatum . vobis in fide et homagio quibus nobis tenemini mandamus firmiter injungentes , quod in octabis nativitatis s. johannis baptistae prox . futur . ad ultimum apud westm. modis omnibus personaliter intersitis , nobiscum et cum praelatis a● magnatibus supradictis , super dictis negotiis tractaturi , vestrumque consilium impensuri . et hoc nullatenus omittatis . teste rege apud thurrock grey . die iunii . consimiles literae diriguntur subscriptis , viz. ▪ comitibus , and other lords and great men . the is registred in this form ; claus. ann. e. . m. . dorso . rex edwardo principi walliae et comiti cestriae , filio suo karissimo , salutem . quia pro quibusdam negotiis quae regnum nostrum angliae specialiter tangent , necnon stabilimentum terrae nostrae scotiae , et etiam pro aliis diversis negotiis quae disponere proponimus deo dante , die martis in quindena purificationis beatae mariae virginis prox . futur . apud westm. parliamentum tenere , et vobiscum ac cum caeteris magnatibus et proceribus ejusdem regni super negotiis illis speciale colloquium haber● volumus et tractatum . vobis mandamus , quod ad praedictos diem et locum personaliter intersitis nobiscum et cum caeteris magnatibus et proceribus praedictis super dictis negotiis tractaturi , vestrumque consilium impensuri . et hoc nullatenus omutatis . teste rege apud brustwyk die novembr . the like writ issued , dilecto & fideli suo henr. de lacy comiti lincoln . &c. ut supra , with vobis mandamus in fide et homagio quibus nobis tenemini : &c. et hoc sicut nos et honorem , dictique regni nostri commodum diligitis ( omitted in the writ to the prince ) nullatenus omittatis . teste ut supra . consimiles literae diriguntur subscriptis , viz. comitibus more , and barons and great men . the . is inserted into clause anno e. . m. . dorso . rex dilecto & fideli suo henr. de lacy comiti lincoln . salutem . licet nuper vobis mandaverimus quod essetis apud westm. ad parliamentum nost●um quod ordinavimus tenend . in octabis nativitatis beatae mariae virginis prox . futur . nobiscum et cum caeteris de consilio nostro , super negotiis nos et statum regni nostri specialiter tangentibus tractaturi . nihilominus exhabundanti vobis iterato mandavimus in fide et homagio quibus nobis tenemini firmiter injungentes , quod omni excusatione postposita apud westm. in dictis octabis modis omnibus personaliter intersitis tractaturi nobiscum et c●m caeteris de consilio nostro de negotiis antedictis ; et hoc nullatenus omittatis . t. rege apud boxle die iulii . eodem modo mandatum est subscriptis , viz. w. episcopo winton . humfredo de bohun . com. heres . & essex , gilberto de roubiry , magistro regin , de brandon , hugoni le despencer , johanni de hastings , johanni de botetourte , abbati westm. willielmo martyn , abbati de waverle , magistro pho. martyn , fratri hugoni de manicestr . rogero brabazon , radulpho de hengham . dors. . in the same roll the like writs issued to the same persons , and to the bishops of wigorn. coventre and lichf : with this variation : licet hactenus vobis mandavimus quod essetis ad nos apud westm. ad parliamentum nostrum quod in octab. nativita● . beatae mariae virginis prox . futur . tenere volumus deo dante . vobis nih●lominus iterato mandamus in fide et dilectione quis nobis tenemini firmiter injungentes , quod die dictarum octab. vel in crastino eorundem ad ultimum aliis omnibus praetermissis intersit●s . et hoc nullatenus omittatis . t. rege apud rothinge . die augusti . per breve de privato sigillo . after which follows this single writ , varying somewhat from these two preceeding . rex dilecto et fideli suo henrico de percy salutem . quia parliamentum nostrum apud westm. in octabis nativitais beatae mariae virginis prox . futur . tenere proponimus deo dante . vobis mandamus in fide et homagio quibus , &c. quod die dicta●um octab. vel in crastino earundem ibidem ad ultimum aliis praetermissis omnibus intersitis nobiscum , et cum caeteris magnatibus regni nostri ibidem tunc ventur . s●per negotiis nos et statum ejusdem regni specialiter tangentibus , tractaturi : et hoc nullo modo omittatis . t. rege ut supra . the . is endorsed on claus. anno e. . m. . dorso . rex edwardo principi walliae , &c. ( as before in . ) quia super ordinatione et stabilimento terrae nostrae scotiae , necnon et aliis negotiis nos et statum regni nostri specialiter tangentibus apud karliol . in octabis s. hillarii prox , futur . parliamentum tene●e , et vobiscum ac cum cae●eris magnatibus de eodem regno habere volumus colloquium et tractatum . vobis mandamus quod omnibus aliis praetermissis ad praedictos diem et locum dicto parliamento personaliter intersitis nobiscum , ac cum caeteris magnatibus de dicto regno , super ordinatione et stabilimento , et negotiis praedictis tractaturi vestrumque consilium impensuri . et hoc nullo modo omittatis . t. rege apud lauretof . die novemb. anno regni s●i . rex dilecto et fideli suo henr. de lacy comiti lincoln . ●a●utem . quia , &c. ut supra ; vobis mandamus in fide et homagio quibus nobis ●enemini , &c. ut supra . consimiles literae diriguntur subscriptis , viz. comitibus : lords and great men , besides assistants of the kings counsil . the . i meet with is clause e. . m. . dorso . rex dilecto et fideli suo , thomae comiti lancastr . cum nuper vobis mandaverimus , quod in octabis sancti hillar●i prox . praeterit . essetis apud parliamentum , nobiscum super quibusdam arduis negotiis nos et statum regni nostri tangentibus , pro quibus venerabilis pat●r dom. petrus sabinen . episc. sanctae romanae ecclesiae cardinalis , ad nos ex parte domini summi ponti●icis est venturus , ut quem ante octab. praedict . ad nos venisse credebamus , colloquium habitur . et idem cardinalis non erit ad nos apud karliol . ante diem dominicam prox . post mediam quadragesimae , viz. primam dominicam in passione domini quae jam instat . vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quod dictis die et loco modis omnibus personaliter intersitis nobiscum super praemissis habitur . colloquium et tractatum , vestrumque consilium impensur . et hoc sub forisfactura omnium quae nobis forisfacere poteritis nullatenus omittatis . t. rege apud lavercost . die febr. consimiles literae diriguntur subscriptis , viz. comitibus , and barons . the writ is thus registred , claus. anno e. m. dors . rex dilecto et fideli suo hen. de lacy com. lincoln . salutem . quia super quibusdam arduis negotiis nos in ista recenti susceptione regiminis regni nostri , &c. ( as here to the archbishop , p. . ) vobiscum et cum caeteris magnatibus de eodem regno , &c. vobis mandamus in fide et homagio quibus , &c. nobiscum et cum aliis magnatibus ejusdem regni ibidem super dictis negotiis tractaturi , vestrumque consilium et auxilium impen●ur . et hoc sicut nos et honorem nostrum ac commodum dicti regni diligitis nullatenus omittatis . t. rege ut supra . ( p. . ) eodem modo scribitur subcriptis , viz. comitibus , and others . the . is in clause e. . m. . dorso . rex dilecto et fideli suo iohanni de warrena com. surr. salutem . quia super diversis arduis negotiis nos et statum regni nostri tangentibus , vobiscum et cum caeteris praelatis , proceribus , et aliis fidelibus nostris de eodem regno colloquium et tracta●um habere et parliamentum tenere proponimus , domino concedente . vobis mandamus in fide et homagio quibus &c. quod prima dominica quadragesimae prox . futur . apud westm. omnibus aliis prae●ermissis personaliter intersitis , nobiscum ibidem et cum caeteris praelatis ac magnatibus de regno praedicto super praefatis negotiis tractatur . vestrumque consilium impensur . et hoc nullatenus omittatis . t. ut supra ( p. . ) eodem modo mandatum est subscriptis , viz. comitibus , and other great men . the is claus. e. . dors . . rex dilecto et fideli suo henr. de lacy com. lincoln . salutem ; quia super diversis , &c. ( as p. . ) vobis mandamus in fide et homagio , &c. teste ut supra , p. . eodem modo mandatum est subscriptis , viz. comitibus , and others . the . is in clause e. . m. . cedula . rex dilecto et fideli suo gilberto de clare com. glouc. & heref . salutem . quia &c. ut supra p. , . vobis mandamus in fide et homagio , &c. nobiscum et cum caeteris magnatibus et proceribus de regno praedicto , &c. ( as p. . . ) eodem modo mandatum est , viz. . comitibus , and more . the . is in claus. e. . m. . cedula . rex dilecto nepoti et fideli suo , gilberto de clare com. glouc. et hertf. quia , &c. vobiscum et cum aliis proceribus et magnatibus ▪ &c. vobis mandamus firmiter injungentes , &c. as p. . eodem modo mandatum est , viz. comitibus , and other lords and great men . the . is entred in claus. e. . m. ● . dors . rex dilecto nepoti et fideli suo gilberto de clare com. glouc. et hertf. quia , &c. vobiscum et cum aliis proceribus et magnatibus ejusdem regni , &c. vobis in fide et homagio quibus nobis tenemini firmiter injungendo mandamus , &c. as p. . eodem modo scribitur subscriptis , viz. comitibus ; and great men more . the . is that of claus. e. . m. . dors . rex dilecto nepoti et fideli suo gilberto de clare , &c. vobis mandamus in fide et homagio , &c. sitis ad nos apud stamford , nobiscum et cum praelatis et proceribus praedictis super praemissis tractatum et colloquium habituri , &c. et hoc sicut nos et honorem nostrum , accommodum regni nostri diligitis nullatenus omittatis . t. ut supra . p. . eodem modo scribitur subscriptis , viz. comitibus , and other great men . the . is the writ of anno e. . m. . dorso . rex dilecto et fideli suo gilberto de clare , com. glouc. et hertf. salutem ; quantae audaciae , &c. ( as p. , . ) vobis mandamus in fide et homagio , &c. t. ut supra . eodem modo mandatum est subscriptis , viz. xi . comitibus , and other lords and great me● . the . is that of e. . m. . dorso . rex dilecto consanguineo et fideli suo thomae com. lancast. salutem . qui● propter plura , &c. ( as p. . ) vobis mandamus in fide et homagio , &c. t. ut supra . per breve de privato sigillo . eodem modo scribitur subscriptis , viz. . comitibus and others . the . is in claus. e. . m. . dorso . rex dilecto consanguineo et fideli suo thomae comiti lancastr . salutem . quia in ultimo parliamento , &c. as p. , . vobis mandamus in fide et homagio , &c. quod praedicto die veneris sitis ap●d westm. in propria persona vestra , nobiscum , et cum caeteris praelatis , proceribus et fidelibus nostris supradictis , super dictis negotiis tractaturi , vestrumque consilium impensuri : et hoc sicut de vobis con●idimus nullatenus omittatis . t. ut supra . consimiles literae diriguntur comitibus et baronibus subscriptis , viz. . comitibus , & other grandees . the . is the writ in claus. e. . m. . ( or . ) dorso . rex dilecto consanguineo et fideli suo thomae comiti lancastr . salutem . quia propter plura et ardua negoti● nos et statum regni nostri tangentia die dominica prox . post ses●um beatae mariae magdalenae prox . futur . ordinavimus deo propitio apud lincoln . parliamentum tenere , et vobiscum , ac cum caeteris praelatis et proctribus de dicto regno nostro super dictis negotiis habere colloquium et tractatum . vobis mandamus in fide et homagio , &c. ibidem , nobiscum et cum praelatis et proceribus supradictis super dictis negotiis tractaturi vestrumque consilium impensuri . et hoc nullatenus omittatis . t. rege apud ebor. eodem modo scribitur subscriptis , viz. comitibus , others : and more , over against whose names is written in the margin cleri●is consilii ; and others stiled iusticiar ' in the margin . the . is that of claus. e. . m. . dorso . rex dilecto et fideli suo thomae de brotherton comiti norff. salutem : quia tertia dominica , &c. ( as p. . ) vobis mandamus in fide et homagio , &c. quod omnibus aliis praetermissis sitis ad nos in proptia persona vestra ad diem et locum praedictos , nobiscum , &c. t. ut supra . eodem modo scribitur subscriptis , viz. comitibus , and . other lords and great men . the . is the writ in clause e. . m. . dorso . rex dilecto sibi thomae de brotherton comiti norff. salutem . licet ad requisitionem , &c. ( as p. , . ) vobis mandamus in fide et homagio , &c. t. ut supra . eodem modo scribitur subscriptis , viz. comitibus and others . the . is that of claus. e. . m. . dorso . rex dilecto et fideli suo thomae de brotherton comiti norff. salutem . cum diversa , &c. ( as p. , ) vobiscum et cum praelatis , et caeteris mag●atibus , &c. vobis man damus in fide et homagio , &c. teste ut supra . eodem modo mandatum est subscriptis , viz. comitibus , and other lords and great men . the . is that in claus. e. . m. . dorso . rex dilecto et fideli suo thomae de brotherton , &c. ( as p. , . ) vobis mandamus in fide et homagio , &c. t. ut supra . eodem modo mandatum est subscriptis , viz. comitibus , and others . the . is claus. e. . m. dorso . rex dilecto consanguineo et fideli suo thomae com. lancastr . salu●em . quia super , &c. as p. . vobis mandamus in fide et homagio , &c. t. ut supra . eodem modo mandatum est subscriptis , viz. comitibus , and others , besides judges and assistants intermixed with them . the . is claus. ann. e. . m. . dorso . rex dilecto consanguineo et fideli suo thomae comiti lancastr . salutem . quia , &c. vobis mandam●s in fide et homagio , &c. t. ut supra , p. . & . eodem modo mandatum est subscriptis , viz. comitibus , and more , besides officers , judges , assistants , joyned together with them without distinction . the . is claus. e. . m. dorso . rex dilecto consanguineo et fideli suo thomae com. lanc. &c. t. ut supra . p. . eodem modo mandatum est subscriptis , viz. comitibus , . greatmen , and . others , with a lines distance only between their names , summoned ●ormerly as the kings counsil , and as assistants . the . is claus. e. . d. . rex , &c. th. com. lancastr . &c. ( as here , p. , ) eodem modo scribitur , comitibus , and others , with those of the kings counsil intermixed with the lords and barons . the . is claus. e. . m. . in cedula pendente . rex dilecto consanguineo et fideli suo thomae , com. lanc. &c. ( as in . ) teste ut supra p. . eodem modo scribitur subscriptis , viz. comitibus , great men , and more with a lines space ▪ between them usually summoned as assistants , and the kings counsil . the . is claus. e. . m. . dorso . rex dilecto consanguineo . &c. thomae com. lancast. ( as . ) t. ut supra . p. . eodem modo scribitur subscriptis , viz. comitibus , great men , and more with a lines distance , formerly summoned as the kings counsil . the . is in claus. e. . m. . dorso . rex dilecto consanguineo ▪ &c. thomae , com. lanc. &c. ( as . ) t. ut supra , p. . eodem modo scribitur subscriptis ▪ viz. comi●●bus , more , and of the counsil , with a lines space from the former . the . is in claus. e. . m . dorso . rex edwardo comiti cestriae filio nostro carissimo , salutem . quia super diversis et ard●is nego●iis , &c. vobis mandamus in fide et homagio quibus nobis tenemini , &c. t. ut supra , p. . eodem modo scribitur subscriptis , viz. comitibus , others , and more of the kings counsil , with a lines distance from the former . the . is claus. e. . m. . dorso . rex dilecto consanguineo e● fideli suo thomae com. lancastr . salutem . vobis mandamus in fide et homagio , &c. t. ut supra , p. . per ipsum regem . eodem modo scribitur subscriptis , viz. comitibus , and others , besides assistants of the counsil . the . is claus. e. . m. . dorso . rex edwardo comiti cestriae filio suo carissimo , salutem . quia super diversis , &c. vobis mandamus in fide et homagio , &c. t. ut supra , p. . per ipsum regem . eodem modo mandatum est subscriptis , viz. comitibus , and others besides the counsil . the . is claus. e. . m. . dorso . rex edwardo comiti cestriae , &c. ( just as in . ) t. ut supra , p. . per ipsum regem . eodem modo scribitur subscriptis , viz. comitibus ▪ and other lords and great men . the . is in claus. e. . m. . dorso . rex dilecto et fideli suo edwardo comiti cestriae filio suo carissimo , salutem . quia super diversis arduis negotiis nos et statum regni , ac terrarum nostrorum subditorum et populorum eorundem specialiter tangentibus , vobiscum ac cum caeteris magnatibus et proceribus dicti regni apud sarum , à die sancti michaelis prox . futur . in tres septimanas colloquium habere volumus et tractatum . vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quod omnibus aliis praetermissis dictis die et loco person liter intersitis nobiscum , et cum caeteris magnatibus et proceribus praedictis super praemissis tractatur . vestrumque consilium impensur . et hoc sicut nos et honorem nostrum , et regni et terrarum praedictarum diligitis nullatenus omittatis . t. rege apud porcestr● die septembris . per ipsum regem . eodem modo scribitur subscriptis , viz. comitibus , others . the . archbishops , and bishops more , with &c. follow them , and only de consilio . the . is the writ in claus. e. . m. . dorso . rex dilecto et fideli suo thomae comiti norff. et mariscal●o angliae fra●ri suo carissimo , salutem . quia ad partes ducatus nostri aquitaniae , de quo rex franciae malitiose nos exhaereditare proponit , in succurs● ejusdem ducatus nostri passagium nostrum ordinavimus domino disponente , et vobiscum ac cum praelatis , et caeteris magnatibus et proceribus regni nostri super passagio nostro praedicto , et aliis arduis negotiis nos et sta●um regni nostri et ducatus praedicti tangentibus , habere volumus colloquium et tractatum . vobis mandamus firmiter injungentes , quod omnibus aliis praetermissis sitis ad nos apud winton . secunda dominica quadragesimae prox . futur . nobiscum et cum praelatis , et caeteris magnatibus et proceribus regni nostri super praemissis tractaturi , vestrumque consilium impensuri . et hoc sicut nos et honorem ac commodum dicti regni nostri diligitis nullo modo omittatis . t. rege apud notingh . die decembr . per ipsum regem . eodem modo scribitur subscriptis , viz. edwardo comiti cestriae filio regis● , earls more , and . others : after which follows a short recital of this writ to the archbishop of yorke , and eodem ●odo to canterbury , and the other bishops . the . is that of claus. e. . m. . dorso . rex dilecto & fideli suo edwardi comiti cestriae fili● suo catissimo , salutem . quia pro quibusdam arduis negotiis nos et statum regni nostri , ac ducatum nostrum praedictum ( aquitaniae ) speci●liter con●ingentibus , parliamentum nostrum apud westm. in cra●ino nat●vi●atis sancti iohannis baptistae prox . futur ▪ tenere , et vobiscum ac cum praelatis , magnatibus et proceribus dicti regni super negotiis praedictis colloquium habere volumus et tracta●um . vobis mandamus in fide et homagio quibus nobis tenemini firmiter in●ungentes , quod omnibus aliis praetermissis ad dictos diem et locum in parliamento praedicto personaliter inters●●is ; nobiscum ac cum praelatis , magna●ibus et proceribus praedictis , super dictis negotiis trac●ar●●i vestrumque consilium impensuri . et hoc nullo modo omittatis . t. rege apud winton . die maii. per ipsum regem . eodem modo mandat●m est subscriptis , viz. comiti●us , others : after which followes a brief recital of the writ to the archbishops , bishops , &c. the . is in claus. e. . m. . dorso . rex dilecto et fideli suo thomae comiti norff. et marescallo angl. fratri suo catissimo salutem . q●ia super &c. t. ut supra , p. . eodem modo mandatum est subscriptis , viz. comitibus , and great men more . the . is claus. e. . dorso . rex , &c. th. com : norff. et marescallo angl. &c. licet nuper , &c. eodem modo mandatum est magnatibus subscriptis , viz. comitibus , and others ▪ the is the writ i● claus. e. . parte . m. . dorso . rex dilecto et fideli suo , thomae comiti norff : marescallo angl. salutem . qualiter scoti , &c. ( as p. . ) vobis mandamus in ●ide et homagio , &c. dictis die et loco personaliter intersitis nobiscum , si interesse possumus , seu interveniente impedimento deputandis a no●is super de●ensione ac custodia , ac aliis negotiis supradi●●is tractatur . vesirumque cons●●ium impensur . et hoc nullatenus omittatis . t. ut supra , p. . eodem modo mandatum est edmundo comiti kan● . avunculo regis , and . comitibus besides , other lords and great men . the is claus. e . pars . m. . dorso . rex dilecto et fideli suo thomae com. norff. &c. cum super reformatione pacis , &c. ( as p. , . ) vobis mandamus in fide et homagio , &c. t. ut supra . eodem modo mandatum est subscriptis , viz. comitibus , and more . the . is in claus. e. . m. dorso . rex dilecto et fideli suo thomae com. norff. et marescallo angliae avunculo suo carissimo falutem . cum parliamentum nostrum nuper apud eborum , &c. ( as p. . ) vobis mandamus in fide et homagio , &c. quod omni excusatione postposita dictis die et loco personaliter intersitis nobiscum , et cum praelatis , magnatibus &c. scientes pro certo quod aliquem procuratorem pro vobis , seu pro aliquo praelato vel magnati ad praesens propter arduitatem negotiorum praedictorum , admi●tere non intendimus quoquo modo . et quia ante haec tempora negotia in hujusmodi parliamentis tractanda impedita fuerunt , eo quod nonnulli magnates cum multitudine tumulcuosa hominum armatorum ad parliamenta illa accesserunt , et populus partium ubi parliamenta illa tenta fuerunt dampnificatus existit et gra●atus ; per quod per nos et consilium nostrum concordatum existit , quod omnes et singuli de regno nostro cujuscunque status seu conditionis fuerint , qui ad dictum parliamen●ū venire voluerint , modo debi●o , et absque aliqua multitudine , sub ●orisfactura omnium quae nobis foris●acere poterint , accedant . ita quod per ipsorum adventum indebitum negotia nostra non retardentur , seu patria in aliqua parte oneretur ind●bite quovis modo . vobis mandamus firmiter injungentes sub forisfactura praedicta , quod ad parliamentum praedictum cum decenti comitiva de hominibus bonae discretionis et consilii , et non cum hominibus ad arma accedatis , in forma praedicta . et hoc nullatenus omittatis . t. ut supra . p. . eodem modo mandatum est subscriptis , viz. comitibus , and other lords and great men . in the clause rolls following ( throughout the reign of king edward the . ) the writs directed to the temporal lords are the same ( mutatis mutandis ) with those issued to the archbishops and bishops forecited sect. . wherefore i shall present you with this breviate of them , entred after the writs to the bishops . the . writ til the later end of e. . is thus directed claus. e. . dors . . rex , &c. dilecto et fideli suo thomae comiti norff : et marescallo angliae , &c. vobis mandamus in fide et homagio , &c. eodem modo mandatum est to earls more , and others , claus. e. . m. . dors . to earls more , and others : claus. e. . m. . dorso , earls more , and others , barons , lords , judges and assistants mixed together , ( whereof the dean of lincoln , the archdeacons of richmond and northampton are three ) claus. e. . m. . dorso , earls more , and others , claus. e. . dors . . earls more , and . others , whereof . are judges and assistants , claus. e. . m. . earls more , and others , claus. e. . m. . dors . earls more , and others , claus. e. . dors . . earls more , and others , claus. e. . m. . dorso earls more , and others , cl. e. . pars . dors . . earls more , and others ( whereof some were judges ) cl. e. . m. . d. earls more , and others , cl. e. . m. . dors . earls more , and others , cl. e. . m. . dors . earls more , and others , cl. e. . pars . dors . . earls more , and others , cl. e. . m. . dors . earls more , and others , cl. e. . dors . . earls more , and others , cl. e. . dors . . earls more , and other● , cl. e. . dors . . earls more , and others , cl. e. . pars . dors . . earls more , and others : and dors . . earls more , and others : where the writ iohanni de sutton de holdernesse ( vac . quia non fuit summonitus . ) the first writs after those to the archbishops and bishops , in these ensuing rolls issued dilecto ●t fideli suo henr. comiti lanc. &c. being the same ( mutatis mutandis ) with those to the bishops forecited , claus. e. . pars . dors . . eodem modo , &c. to earls more , and others : and dors . . earls more , and others : claus. e. . pars . dors . . earls more , ( a vacat being entred against humfrido de bohun● comiti hereford . ) and others , cl. e. . pars . dors . . earls more , and others , claus. e. . pars . dors . . earls more , and others , claus. e. . pars . dors . . earls more , and others . dors. . earls more , and others , cl. e. pars . d. . earls more , and others . in claus. e. . pars . dors . . the first writ to the temporal lords entred in the roll issued , dilecto & fideli suo laurentio de hastings com. pembroch . &c. eodem modo , &c. to earls more , and others , claus. e. . pars . dors . . ( and so following ) the first writ to the nobility issued henr. com. lancastr . earls more , and others . dors. . earls more , and . others . claus. e. . pars . dors . . earls more , and others . cl. e. . pars . dors . . earls more , and others , claus. e. . pars . dors . . ( iohanni de warenna com. surr. ) earls more , and . others . dors. . to him and earls more , and others . dors. . henr. com. lancastr . earls more , and others , cl. e. . pars . dors . . earls more , and others , claus. e. . pars . dors . . earls more , and others , claus. e. . pars . d. ● . henr. comiti lancastr . edwardo principi walliae , duci cornubiae , et comiti cestriae , earls more , and others , whereof the last are assistants , and of them stiled the kings serjeants . the writ claus. . pars . dors . . is rex dilecto et fideli suo edwardo principi walliae , duci cornubiae & comiti cestriae , &c. vobis in fide et ligeantia quibus nobis tenemini , &c. eodem modo , &c henrico duci lancastr . earls , others , claus. . e. . dors . . edwardo principi walliae , &c. henrico duci lanc. earls , others , cl. . e. . d. . to them , earls more , & other great men , cl. e. . dors . , edwardo principi walliae , &c. henrico duci lancast. earls . others , claus. e. . dors . . henrico duci lancast. earls , and others , claus. e. . dors . . dilecto consanguineo et fideli suo humfrido de bohun . com : hereford . vobis mandamus in fide et ligeantia , &c. earls more , and others , claus. e. . dors . . edwardo principi walliae filio suo carissimo , &c. in fide et ligeantia , &c , consimilia brevia henrico duci lancastr . comitibus , and others claus. e. . dors . . dilecto & fideli suo , thomae de bello campo comiti warr. in fide et homagio , earls more , and others . cl. 〈◊〉 . d. . ricardo comiti arundel , earls more , and others ; claus. e. . d. . humfrido de bohun com. hertf. et essex , earls more , and others . dors. . edwardo principi walliae , ●ilio suo carissimo , in fide et ligeantia : henrico duci lancast● . earls more ( leonel com. u●ton , the kings son , not an irish lord , being one of them ) and others , claus. e. . dors . . carissimo filio suo johan . com : lancastr . in fide et homagio , &c. earls more , and others , claus. e. . d. . carissimo filio suo johanni &c. as next before , earls more , and others ; claus. e. . dors . . ca●issimo filio suo johanni , &c. earls more , and others , claus. e. . d. . carissimo filio suo johanni , &c. earls more , and others . in claus. e. . d. . the first writ to the temporal lords issued carissimo primogenito filio suo edwardo principi aquitaniae & walliae : vobis in fide et homagio , &c ▪ consimilia be●via johanni duci lancastriae , comitibus , and others , claus. e. . dors . . carissimo filio suo johanni duci lancast. in fide et homagio , &c. comitibus , and others , claus. e. . dors . ● . carissimo primogenito nostro edwardo principi aquitaniae et walliae , in fide et ligeantia , comitibus , and others , claus. e. . dors . . dilecto et fideli suo ricardo com : arundel in fide et ligeantia , earl more , and others , but in the writs of prorogation and resummons , dors . , . writs issued to edward prince of wales , iohanni regi castellae et legionis , duci lancastr . earls more , & others besides those in the first summons , claus. e. . dors . . ricardo com. a●undell in fide at ligeantia , earls more , and others , claus. e. . dors . . carissimo filio suo iohanni regi castellae & legionis , duci lancastr : in fide & ligeantia , earls , and others , after which follows a writ to the prince of wales , claus. e. . pars . dors . . carissimo filio suo ( stiled his son , though in truth his grandchild only , not son ) ricardo principi walliae , duci cornub. et comiti cestriae in fide et ligeantia . consimilia brevia , johannni regi castellae & legionis , duci lancastr . comitibus , and others : whereof michaeli de la pole , ( admirallo fl●te navium versus partes b●riales ) is one . all the writs of summons to parliament issued to the temporal lords under king richard the . have the self-same prologues , recitals , dates with those to the archbishops , bishops , abbots , priors in the precedent section , being entred next after them , of which i shall give you this brief epitome . in claus. ● r. . dors . . the first writs to the temporal lords issued carissimo avuncul● suo iohanni regi castellae et legionis , duci lancastriae , &c ▪ consimiles literae to earls , lords , barons and great men , cl. r. . dors . . . the first writs issued to him , and consim . literae to earls , lords , barons , and great men , cl. r. . d. . the first writ was directed to him , consim . lit : to earls , lords and great men , cl. r. . d. . the first writ is to him , cons. lit. to 〈◊〉 earls , lords and great men , cl. r. . d. . . the first writs issued to him , cons. lit. to earls , lords and great men , cl. r. . d. . the first writ issued to him , cons. lit. to earls , and lords and great men , cl. r. . d. . the first writ is directed to him , cons. lit. to earls , lords and great men , cl. r. . d. . the first writ is to him , cons. lit. to earls , and lords and grandees , cl. r. . d. . is to him , cons. lit. to earls , and lords and great men , cl. r. . d. . is to him , cons. lit. to dukes , earls , and lords and great men , cl. r. . d. . the first writ issued carissimo avunculo suo edwardo duci ebor ▪ &c. cons. lit. to duke , marquess , earls , lords and great men , cl. r. . d. . the first writ is to this duke , consim . lit. to dukes earls , lords and great men , cl. 〈◊〉 r. . d. . to him , cons. lit. to ● duke , earls , lords and great men , cl. r. . d. . to him , cons. lit. to duke , earls , lords and great men , cl. r. . d. . the first writ entred is iohanni duce lancastr . cons. lit. to a dukes , earls , lords and grandees , claus. r. . d. . the first writ is to the same duke , cons. lit. to dukes , earls , ● lords and great men ; cl. r. . d. . the first writ entred is , iohanni duci aquitaniae et lancastriae , &c. cons. lit. to dukes , earls , lords and grandees , cl. r. . d. . the writ is to him , cons. lit. to dukes , earls , lords and great men , cl. r. . d. . to him , cons. lit. to dukes , earls , lords and grandees , cl. r. d. . the first writ entred is hen. com. darbi● , cons. lit. to earls , lords and great men , cl. r. . pars . dors . . the first writ issued carissimo avunculo suo iohanni duci aquitaniae & lancastriae , cons. lit. to dukes , earls , lords and great men , cl. r. . parte . d. . the writ entred is to him , con●im . lit. to dukes , marquess , earls , lords and great men , cl. r. . dors . . the writ entred issued henrico duci lancast. &c. cons. lit. to dukes , one marquess , earls , lords and great men . the writs of summons to the temporal lords all the reign of henry the th . are entred next after those to the spiritual lords , having the same recitals and dates , with them forecited in the . section : of which take this ensuing short account . cl. ● . h. . dorso . the writ entred issued , henrico duci lancastriae , cons. lit. to dukes , marquess , earls , lords and nobles , cl. h. . d. & claus. h. . parte . d. . the first writ entred is , carissimo filio suo henric● principi walliae , et duci cornubiae , &c. duke , earls , lords and great men cl. h. d. . the like writ to the prince of wales , duke , earls , lords and grandees , cl. h. . part . d. . & parte . d. . the first writ issued to the same pr●nce , cons. lit. to . duke , earls , ● lords and great men , cl. h. . d. . t● the prince , duke , earls , lords , barons and great men , cl. h. . d. . the like writ to the prince , duke , earls , lords and grandees , cl. . & h. . d. . the writ entred issued to the prince of wales , cons. lit. to duke ea●ls , lords and great men , cl. . h. . d. . the writ is to the prince of wal●s . duke , earls , lords and great persons , cl. h. . dors . . the writ issued to henry prince of wales , earls , lords and great men . the writs of summ●ns under king henry the th to the temporal lords , have the self-●ame recitals , prologues , dates , with those to the archbishops , and other prelates forecited section . the first writ entred cl. h. . dorse . issued , carissimo fratri regis thomae duci clarentiae , cons. lit. to duke , earls , lords and grandees , cl. h. . d. . the writ entred issued , edward● courteney com. devon. earls , lords and nobles , cl. h. . d. . the writ recorded at large is directed , thomae duci clarentiae & com. albemarliae , cons. lit. to dukes , earls , lords and great men , cl. h . d. . the first writ entred issued radulpho com. westmerland , earl , lords and great men , cl. h. . d. . the writ recorded is directed carissimo fratri suo thomae duci clarentiae , &c. cons. lit. to dukes , earls , lords and great men , cl. h. . d. . the writ registred is directed carissimo avunculo suo thomae duci exon. cons. lit. to . earls , lords and great men , h. . d. . the writ recorded is carissimo avunoulo suo henrico percy com. northumb. cons. lit. to earls , lords and great men , cl. . h. . d. . the writ entred issued carissimo fratri suo johanni duci bedford , &c. cons. lit. to duke earls , lords and great men , cl. h. . d. . the writ registred issued , carissimo consanguine● suo henrico de percy com. northumb ▪ earls , and but lords and great men . all the writs to the temporal lords during the reign of henry the . are the same in the prefaces and dates with those to the bishops and spiritual lords , and entred after them , being thus directed cl. h. . dors . . carissimo avunoulo suo humfrido duci gloucestriae , cons. lit . to duke , earls , lords and great men , cl. h. . d. . humfrido duci gloucestr . duke , earls , lords and grandees , cl. h . d. . carissimo avuncul● suo thomae duci exon. duke , earls , lord● and grandees , cl. h. . d. . carissimo avunculo suo joha●ni duci bedfordiae to dukes more , elarls , lords and great men , cl. h. . d. . carissimo a●●nculo su● humfrido duci gloucestriae , duke more , earls , lords and great men , cl. h. . d. humfrido duci gloucestr . duke besides , earls , lords and grandees , cl. h. . . humfrido duci gloucestr . earls , lords and great men , cl. h. . d. . humfrido duci gloucestriae , duke , earls , lords a●d grandees , cl , h. . d. . johanni duci bedfordiae , dukes more , earls , lords and great men , cl. h. . d. . caris , avunculo suo johanni duci bedfordiae , other dukes , earls , lords and great men , cl. h. . d. . humfrido duci gloucestriae , duke more , earls , lords and great men , cl. h. . d. . humfrido duci gloucestriae , other dukes , earls , lords and great men , cl. h. . d. . humfrido duci gloucestriae , dukes more , earls , lords and great men , cl. h. . d. humfrido duci gloucestriae , dukes besides , marquesses , earles , vicount , lords and noblemen , cl. h. . d. . & . humfrido duci gloucestriae , other dukes , marquesses , earls , ● vicount , lords and great men , cl. h. . d. . ricardo duci ebor. other dukes , earls , vicount , lords and great men , cl. h. . d. . willielmo duci suffolciae , dukes more , earles , vicount , lords and great men ; cl. h. . dors . . ricardo duci eborum , dukes more , earls , vicount , lords and great men , cl. h. . d. . edwardo duci eborum , dukes besides , earls , vicounts , lords and great men , cl. h. . d. . ricardo duci eborum , dukes more , earls , vicounts , lord● and great men , cl. h. . d. . henrico duci exoniae , other dukes , earls , vicounts , lords and great men , cl. h. . d. . carissimo consanguineo suo georgio duci claren●iae , dukes more , earls , marquess , lords and great men . the writs of summons to parliament issued by king edward the th to the temporal lords , agree in prologues , forms , and dates , ( except in the praemunientes , & c. ● with those to the archbishops and spiri●ual lords in the . section , and are thus directed , cl. e. . d. . johanni duci norfolciae earl , vicount , lords and great men cl. e. . d. . dil●cto & fideli suo ricardo comi●i ▪ w●rwici , ear● , lords and great men , c. . e. . d. . car●ssimo fratri suo geo●gio duci claren●iae , dukes more , earls , marquess , lords and great men , cl. e. . d. . carissimo , fratri suo georgio duci clarentiae , other dukes earls , lords and great men , cl. e. . d. car●ssimo fratri suo georgio duci clarentiae , dukes more , earls , lords and great men , cl. & e. . d. . primogenito●dwardo ●dwardo principi walliae , d●kes more , marque●e , earls , lords . having presented you with this breviate of all the generall writs of summons to parliaments and great councils issued to the temporal lords from h. . to e. . i shall now give you a view of some extraordinary special writs to some temporal lords and others , reducible to , and proper for this section . i shall begin within this memorable writ to roger de mortymer , claus : e ▪ m. dorso rex dilecto et fideli suo rogero de mortuo-mare de wygmore , salutem ; cum vos tempore quo parliamentum nostrum usque lincoln : in quind●na sancti hillarie prox● futur : summoneri fecimus in partibus hiberniae fuissetis , per quod nos vobis non 〈◊〉 simus ad interessendum dicto parliamento ; ac vos a dictis par●ibus hiberniae usque regnum nostrum jam , ut accepimus , accessistis ; ideo vobis mandamus in fide et homagio quibus nobis tenemini firmiter injungentes , quod si ad dictas partes hibe●niae citra ▪ dictum parliamentum non essetis regressuri , tunc eidem parliamento nostro dictis die et loco modis omnibus personaliter intersiti● , super negotiis nos et statum regni nostri rang●ntibus , pro quibus parliamentum nostrum mandavimus convo●ari , nobiscum et cum magnatibus et proceribus regni nostri tractaturi , vestrumque consilium impensuri . et hoc nullo modo omittatis . t. rege apud clipston die januarii . this roger de mortymer ( a baron of this realm , as is evident by former summons to him ) being absent in ireland when the writs of summons to this parliament first issued , was thereupon left out of the original writs and lists of summons ; but the king being informed that he was returned into england , thereupon sent this special writ of summons to him bearing date the of ianuary , ( full . moneths after the first writs of summons dated the of october before ) entred in another dorse apart from the other writs : his absence in ireland , yea and return thither , about the publike affairs after this writ issued , before this parliament sat , in the kings and his counsils opinions , being a sufficient ground to excuse his absence from parliament , and to send no writ of summons to him into ireland . and if english peers absence or residence in ireland , be a just , legal ground to exempt them from summons to a parliament held in england , much more then must irish peers and lords , who are no lords or barons at all in england , be totally exempted from all writs of summons to the parliaments of england , both in respect of their remoteness from england , of the great charge and danger in crossing the seas to repair to them , and because they are obliged neither by their tenures , nor patents , to resort to any english parliaments , but only to the parliaments held in ireland , where only they are peers and lords of parliament , and because they cannot attend in two places at once , if a parliament should be summoned in england and ireland on or near the self-same time : of which more hereafter in its proper place . the next writ of this kinde i shall communicate to you , is this i meet with claus. ann. e. . m. . dorso . rex dilecto et fideli suo humfrido d● bohun comiti northampton : salutem . q●ia terra nostra hiberniae per molestationes a diu hibernicorum inimicorum nostrorum ( et ) incursus propter impotentiam fideliū nostrorū habitantium in eodem regno , et pro eo quod magnates et alii de regno nostro angliae terras in ea habentes , commodum dictarum terrarum suarum ab eadem terra capiunt , et defensionem aliquam non faciunt , jam tantae vasticatis et destructionis miseriae subjicicur , quod nisi deus averta● , et celerius succurratur eidem ad totalem perditionem in prox . deducetur ; per quod pro salvatione ejusdem ordinavimus , quod leonellus comes vlton . filius noster carissimus , cum ingenti exercitu ad terram praedictam cum omni festinatione transmitta●ur , et quod omnes magnates et alii de dicto regno nostro , terras in dicta terra hiborniae habentes , qu●nto potentius poterunt , in comitiva dicti filii nostri proficiscentur , vel si debiles in corpore existant 〈◊〉 alios sufficientes ibidem mittant pro repulsion ●●●●●orum inimicorum , et salvatione et defensione terrarum suarum et succursu terrae supradictae ; et pro dicto negotio accelerando , volumus vobiscum , et cum aliis de eodem regno terras in dicta terra habentibus colloquium habere et tractatum . vobis in fide et ligeantia quibus nobis renemini firmiter injungentes mandamus , quod omnibus aliis intermissis , sitis personaliter apud west● . in quindena pasch. prox . futur ▪ adloquendum nobiscum et consilio nostro super dictis negotiis , e● illud concernentibus , et ad faciend . et consentiend . super hoc quod ibidem contigerit ordinari . et interim vos et homines vestros , quanto potencius et decentius poteritis ad arma paretis . ita quod in vestri defectum progressus dicti filii nostri et exercitus sui non retardetur , nec dicta terra amissionis periculo non subjaceat 〈◊〉 causa . et hoc sicut nos et honorem nostrum , ac salvationem et desensionem terrae praedictae diligitis nu●●a●enus omit●atis . et habea● is ibi hoc breve . teste rege ap●d wes●m , die martii . per ipsum r●gem et co●sili●m . consimilia brevia dirig●●●● subscriptis de effe●do coram rege et consilio suo ad dies subscriptos , viz , rado . com. staff. thomae com. oxen. david . de strabolgi com. athol . edw. le despenser , more . abbati de forneux , abbots and priors , magistr . thomae de nevill , and others , ( whereof two were prehends in ireland : ad●●res septimanas paschae : all of them having lands in ireland . the writs to the abbots , priors prebends , and some others , had this special clause added to them , not in the writs issued to the earls and others of the laity . sitis personaliter apud westm. ●n tribus septimanis pasche prox . futur . vel si personaliter tunc ibidem interesse non commode possitis , tunc aliquem vel aliquos de quibus confiditis , ad diem et locum praedictos mittatis , ad loquend . nobiscum et consilio nostro ( ut supra . ) et interim homines vestros , &c. ( ut supra usque nullatenus omittatis , ( tunc ) nos in cancellariams nostram de nominibus illorum qu●● usque westm. ex causa praedict a duxeritis destinand . 〈…〉 diem praedictum distinctè et apertc certiores . et habeat●s ibi tunc hoc breve . teste ut supra . rex dilecto sibi mariae comitissae norff. ●alutem . quia , &c. ut supra usque ibi , accelerando : et tunc sic ) volumus cum magnatibus et aliis de eodem regno terras in dicta terra hiberniae habentibus , colloquium habere et tractatum . vobis in ●ide et ligeantia quibus nobis tenemini firmiter injungendo mandamus , quod omnibus aliis praetermissis , aliquem vel aliquos de quibus confiditis apud westm. mittatis . it a quod si●t ibi in tribus septimanis pasche prox . futur . ad loquend . nobiscum et consilio nostro super dictis negotiis , et illud concernentibus , et ad faciend , et consentiend . nomine vestro su●er hoc quod ibidem contigerit ordinari . et interim homines vestros , &c. ( ut supra usque ) nullatenus omittati● . ( et tunc sic ) nos in cancellari●m nostram de hominibus illor●m quos ●●que westm. ex causa praedicta d●xeritis 〈◊〉 reddentes ad diem praedict●m 〈◊〉 et aperte cer●iores . et habeatis ibi tunc 〈◊〉 breve● 〈◊〉 supra . consimilia bre●●● dirig●n●ur subscripris sub eadem data de essendo coram rege et 〈…〉 ad dies subscriptos , viz. alianorae comi●issae dormond , annae le de●penser , ad quindenam paschae , philippae comitis●ae de la march , agnets comitissae p●mbroc , mariae de sancto paulo comitissae pembroc , matildae comitissae oxon. katherinae comitissae a●hol , iohannae fitz wauter , margeriae de ro●s . ad tres septimanas pasche . the next writ is claus. e. . m. . dorso . very sutable to the next preceeding . rex dilecto et fideli suo thom● de furnyvall falutem . cum nuper in succursum terrae nostrae hiberniae quae pro magna parte per potentiam hibernicorum inimicorum nostrorum quibus fideles nostri in partibus illis resistere non poterant , occupara et de●●ructa suit , ad resistend . malitiae eorundem inimicorum nostrorum , et ad ipsos expugnand . et debelland . leonellum comitem ulton. filium nostrum carissimum cum non modico armatorum n●mero destinavimus , qui ibidem a diu super salvatione terrae praedictae ad sumptus excessivos in ●isdem partibus● moratus est , et quamplures hominum suorum ex variis eventibus decesserunt , sic quia idem filius noster et fideles nostri cum ipso commorantes per potentiam dictorum inimicorum nostrorum indies invalescente in maximo periculo sunt constituti . et licet vobis sicut aliis fidelibus nostris de regno nostro angliae terras in dicta terra hib●rniae habentibus , per diverta brevia mandaverimus , quod vos cum hominibus ad arma armatis et ●agittariis quanto potentius possecis parere●●● , et cum dicto filio nostro et aliis fidelibus nostris ad terram praedictam pro defen●ione ejusdem et terrarum vestrarum ibidem transiretis : vos tamen ad terram illam accedere , vel homines aliquos ibidem mitte●e non 〈◊〉 , in no●● contemptum , ●t dict● h●ii no●tri et aliorum fidelium nostrorum in comitiva sua existentium , 〈◊〉 terrae praedictae amissionis periculum manisestum , unde plurimum conturbamur , nec immerico , ac movemur , vobis igitur in fide ●t ligean●ia quibus nobi●●●n●mini , et sub forisfactione omnium quae nobis forisfacere poteritis , mandamus firmiter injungentes ; quod attentis periculis praedictis , omnibus dilationibus et excusationibus cessantibus , vos et homines vestros quanto potentius , juxta flatus vestri decentiam poteritis paretis , et arraietis ad transfretand . ad dictum filium nostrum ad dictas partes hiberniae , cum eodem filio nostro , ac aliis fidelibus nostris ibidem existentibus super salvatione et defensione terrae praedi●tae et terrarum vestrarum propriarum in parribus illis moraturi . ●ta quo ● sitis in dictis partibus hiberniae in quindena pasche prox . fu●ur . ad ultimum , prompti et parati ad terram praedictam , una cum aliis fidelibus nostris contra dictos inimicos nostros defendend , et ipsos inimicos nostros cum dei adjutorio expugnand , et debelland . et malitiam corum propulsand . et vos ipsi sitis coram nobis et consilio nostro apud westm. die veneris in secunda septimana quadragesimae prox . futur . ad loquend . et tractand . super progressu vestro ad dictas partes hib●rniae , et ad ●aciend . quod vobis tune injungetur ex parte nostra . et hoc sub forisfactur● praedicta nullatenus omittatis . teste rege apud westm. die febr. per ipsum regem . consimilia brevia diriguntur subscriptis , de essendo coram rege et consilio suo ad diem praedictum sub eadem data , thomae comi●i oxon. and earls , barons , gentlemen , abbots , priors , and clergymen more , who had lands in ir●l . after whose names this writ follows . rex dilecto sibi mar●a ▪ comitissae norff. salutem , cum in succursum , &c. ( just as in the writ before ) usque ex●nsationibus cessantibus ; homines ad arma armatos et sagittarios ●e●e munitos quanto potentius juxta status vestri decentiam poteritis , paretis et arraiatos ad trans●●● and. &c. ( ut supra usque ) expul●and . et aliquos vel aliquem de quibus , vel de quo specialiter confiditis , mittatis apud westm. ita quod sint ibidem die veneris in secunda septimana quadragesimae prox . futur . ad loquend . et tractand . super progressu hominum vestrorum praedictorum ad dictas partes hibern●ae , et ad faciend . quod tunc ibidem per nos et con●●lium nostrum con●igerit ordinari . teste rege apud westm. die februarii . consimilia brevia diriguntur subscriptis de essendo coram rege et consilio suo ad diem praedictum sub eadem data , viz. alianorae comi●issae dormond , philippae comitissae marchlae , agneti comitissae pembroc . mariae de sancto paulo comitissae pembroc . matildae comitissae oxon. katherinae comitissae athol , annae le dispenser , iohannae fitz-wauter , margaretae de roos . the next i shall transcribe , is this special writ of summons to the prince of wales , entred at large in claus. e. . m. . dorso . after the writs to the archbishops , bishops , abbots , priors , temporal lords and sheriffs to elect knights and burgesses , but before the writ to the warden of the cinque ports . rex carissimo primogenito suo edwardo principi walliae , salutem . cum super arduis et urgentibus negotiis nos , et statum et defensionem regni nostri , ac ecclesiae anglicanae contingentibus parliamentum nostrum apud westm. duodecimo die februarii prox . futur . teneri ordinavimus ; per quod per diversa brevia nostra mandavimus singulis prael ▪ t is , magnatibus , et proceribus dicti regni nostri quod ad dictum parliamentum nostrum summoneri fecimus , quod ad dictum locum westm. die febr. intersint super negotiis praedictis tractaturi suumque consilium impensuri . et quia nolumus quod tam ardua negotia dicti regni absque avisamento et consilio ves●ro tract entur , et d●rigantur ; vobis mandamus quod apud dictum locum westm , ad dictum duodecimum diem februar . in propria persona vestra , ●ntersits nobiscum , ac cum praelatis , magna●ibus , ●t 〈◊〉 praedic●s super dictis nego●i , 〈◊〉 vestrumque consilium impensuri . teste ut supra . the next writ wherewith i shall here present you is that of clause , r. . m. . dorso . which is very observable . rex carissimo avunculo suo iohanni duci aquitaniae et lancastriae , salutem . quia de assensu prae●atorum , procerum et magnatum regni nostri angliae in parliamento nostro apud westm di● lunae prox . post festum exaltationis sanctae crucis prox . praeterito summoneri fecimus existentium , pro quibusdam arduis et urgentibus negotiis et materiis in eodem parliamento adhuc pendentibus , quae adhuc commode terminari non 〈◊〉 ac aliis causis sa●is evidentibus , dictum parliamentum usque quindenam sancti hillarii prox , futur ▪ apud salop , in stat● quo nunc fuit duximus prorogand . et contin●and . vobis in fide et ligeantia quibus nobis tenemini firmiter injungendo mandamus , quod apud salop in qnindena praedicta cum familia et 〈◊〉 sta●●● vestro congruis , et non cum multi●●dine gen●ium , nec alio modo quam tempore domini edwardi nuper regis angliae avi nostri et nostro , an●iquitus et communi er fieri consuevi● , personaliter intersi●is , nobiscum et 〈◊〉 praelatis , proceribus , et magnatibus dicti regni no 〈◊〉 super causis , negotiis , et materiis antedictis finali●er tractaturi , vestrumque consilium impensuri , abinde ab●que licentia nos●ra speciali minime recessuri . t. r. apud westm. . die novembris . consimi●●● brevia sub eadem data , issued to . dukes more , one marquess , earls , and lords , barons , and great men . i shall end this section with this remarkable writ of summons and resummons recorded in claus. ● r. . m. . dors . ( after the list of the lords names ) i●sued to william de dacre . rex dilecto et fideli suo willielmo de dacre salutem . cum nuper de avisam nto consilii nostri pro quibusdam arduis et urgentibus negotiis nos , statum et defensionem reg●a nostra a●gli●● et eccle●●● anglicanae concernentib●s quoddam parliamentum nostrum apud west● . in crastino purificationis beatae mariae pro● . futur . 〈◊〉 ordinavimus . et ●licet per breve nostrum vobis in fide et ligeantia q●ibus nobis tene mini firmiter injungendo mandave●mu● , quod cessan●● ex●usa●ione qua●unque dictis die et loco personaliter inter●●●● nobiscum , ac cum praelatis , magnatibus , et proce●bus regni nostri praedicti super negotiis praedictis tractaturi , vestrumque consili●m impens●●i . vos tamen mandato nostro praedicto minime parentes , ad parliamentum praedictum dictis die et loco , 〈◊〉 huca que ven●e non curas●●● ▪ in nost●a contemptum manife●●um . et quia parliamentum praedictum usq●e in d●em lunae in 〈◊〉 quin 〈◊〉 paschae prox . futur . duximus contin●and . vobis in fide et ligean●ia vestris praedictis injungimus et mandamus , quod excusatione quacunque cessan●e ad locum praedictum in quinde●a praedict● perlonal●ter intersi●is nobiscum , et cum praelatis , magnatibus ▪ et proceribus dicti regni nostri super negotiis praedictis tractaturi , vestrumque consilium impensuri , abinde absque licentia nostra speciali minime recessuri . et hoc sub gravi paena , per [ nos ] et dominos ibidem tunc praesentes limitand nullatenus omittatis . teste nt supra . per ipsum regem et consilium . consimilia brevia diriguntur subscriptis sub ●adem data viz. iohi. de welle chr. iohi. gray de codonore , willo . botreaux chr. iohi le warre , chr. iohi. de monteacuto chr. phil●●po le dispenser chr. by which writ it is apparent , . that if any lord neglect or refuse to appear upon the first writ of summons issued to him , that the king may resummon him by a second writ , as here he did these lords . ly , that the not appearing in parliament upon the first writ of summons , through negligence , wilfulness , or without lawful excuse made for it , is a manifest contempt to the king ; that no peers summoned to parliaments ought to depart whiles the parliament con●inues , without the kings special license ; ly , that the not appearing of any peer when summoned , or his departure from parliament , without the kings special license , is to be punished with such a heavy and deserved penalty as the other lords sitting in parliament shall limit and inflict , not the king himself without the lords . usefull annotations and observations upon the precedent writs to the prince of wales , king of castel and leon , dukes , and other temporal lords and barons , and the lists of their names recorded after them . . i observe , and must inform the readers , that in some few clause rolls , there are writs of summons entred only to earls , and other secular lords , without any writs to archbishops , bishops , abbots and spiritual lords , who no doubt had like writs then is●ued to them , though not registred in the rolls , as the lords writs attest . . that in the rolls where in they both are registred , the writs to the temporal lords are now and then entred , before those to the archbishops , bishops and spiritual lords ; but most usually they follow them . . that they are commonly entred both together on the self-same dorse ▪ or membrana , & their reci●als , cla●ses for the most part the same in terminis ; except in the praemun●entes , &c. which is peculiar to the archbishops and bishops writs ; or in the clauses , or homagio et ligeantia quibu , nobi● tenemini ; which is peculiar to the temporal lords ; and never used in the writs to the bishops , abbots , and e●clesiastical lords ; but in fide & 〈◊〉 quibus nobis t●n●mini , only ; which is oft times inserted into the writs to the temporal lords , and others of the laity , not peculiar only to the clergy ; as in homagio & lig●antia are to the tempor●lly . the reason whereof i conceive to be gro●nded on that of littleton in his chapter of homage , sect. . if an abbot or prior , or other man of religion ( which extends to all archbishops , bishops , de●n , parsons , prebends and other ecclesiastical bodies politick ) shall do homage to his lord , he shall not say , ieo deveigne vostr & home ( whence homage hath its name and derivation , as all temporal lords and laymen ought to doe , when they do their homage to the king or other lords ) because he hath professed himself , pur estre tant solement le home de de●u ; but he shall 〈◊〉 say , i do homage unto you , and to you i shall be true and faithfull , and faith to you bear for the tenements which i hold of you ; in which respect , glanvil lib. . c. , . bracton● . . f. britton cap. . & 〈◊〉 . ● cap. . resolve . s●●endum ●st quod 〈◊〉 liber 〈◊〉 ●asculus quam famina , clericus et laicus , major & minor , dum tamen electi in episcopos ; post conse●r ationem homagium non faciunt , quicquid ●ecerunt anie , sed tantum fidelitatem . conventus a●t●m homagium nec faciet de iure , sicu● ne● abbas , nec prior , ●o quod tenent nomine alieno , scilicet nomine ecclesiarum : as sir ed. cook likewise observes in his . institutes , f. . b. so that they doing no homage properly so stiled to the king , after their consecrations , nor using the words ( i become your man , if we credit l●ttleton ) in making their homage as the temporal lords do . therupon ( i conjecture ) the writs of summons command the temporal lords and laity to appear , &c. in fide ●t homagio , et in ●ide et ligeantia quibus nobis tenemini ; but the prelates , spiritual lords , and other clergy , only in fide et dilectione , they being bound to swear fealty and allegiance to our kings for the freehold lands and tempora●ties they held of him ●●xcept only those that hold in frankalm●igne , as e. . f. . a. littleton sect. , , . sir edw. cook in hi● . insti●utes on these sections , and other law-books resolve . for this i shall produce one memorable record ; a●●uring us , that all the archbishops , bishops , abbo●s , priors and clergy both in england and ireland , did , and of right ought to swear fealty to the king , as well as the temporal lords and commons , and prescribing commissioners in ireland to receive it from them ; † venerabiii in christo patri e●dem gratia midden . episcopo , et dilectis et fidelibus suis mauricio filio mauricii justiciario suo hiberniae , et mgistro iohanni de s●mford escheatori suo hiberniae salutem . cum defuncto jam celebris memoriae domino henrico rege patre nostro ( cujus animae propicietur al●issimus ) ad nos regni angliae gubernaculum , et ●errae hiberniae dominium pertineant , ob quod praelati , comites et proceres , et communitas regni nostri nobis , tanquam domino suo ligio et regi , fidelitatis juramentum , et omnia alia quae nobis ratione coronae et dignitatis regiae ab ipsis fieri et praestari nobis in absentia nostra poterun , plenariè et sine omissione aliqua prompto et libenti animo praestiterint ; ac , archiepiscopi , episcopi , abbates , priores , comites , barones , mi●ites , liberè tenentes , ac tota communitas terrae nostrae hiberniae , nobis tanquam regi et domino suo ●igio , consimile sacramentum fidelitatis praestare teneantur ; dedimus ●obis potestatem recipiendi nomine nostro fidelitatem ipsorum . i●a tamen quod si vos ; omn●s interesse ne quiveritis , tunc duo vel●●us vestrum qui prae ens●u rit nihilominus plena●i●m hab at potestatem recipiendi nomine nostro fidelitatem ipsorum in forma praedicta . et id o vobi mandamus quod fidelitatem praedictam nomine nostro recipiatis , prout , melius videbi●is expedire . in cujus &c. 〈…〉 westm. die sept. a●n . e● . hence i finde this iuramentvm episcoporvm ; in t●ttles magna charta , printed london . f. . b. being nothi●g else but the form of the o●th of fealty , which the bishops took to our kings before they received their temporalties out of their hands , being the same in substance , which the king of b s●ots an● his tempora● lords , and english barons and laymen , usually made to king edward the . and his successors con●inued 〈◊〉 these later times . ieo serra so●all et loyall , et ●oy et lo●altie por●●ray av roy & a ses h●ires , roys de angliterre , de vie et de , membres , et de terrene honour contre tout● gentz qui p●yent vivre et mounir . et loya●ment monstray , et loyalment ferray les services qui appendent a la temporaltie de levesque de m. la quelle ●eo claimor de tenir de vous● , et la●quelle vo●us me rendes . si moy ayde dieu et ses saints . this oath of fe●lty , as c sir edward cook and others affirm , was first invented , and generally prescribed to all persons above years of age , by our famous british king arthur ; who by vertue thereof , ex pulit saracenos et inimices ●egno . but this certainly is a meer fable , and gross mistake ; ( which i admire mr. lambard . and sir edward cook observed not ; ) for the saxacens never invaded england in any age , neither were they expelled the realm by king arthur ; but the saxons , who had then and formerly possessed themselves of a great part of britain , were vanquished and expelled by him in the years of grace , , , as matt. westminster , d geoffry manmouth , tho. walsingham , and e other of our historians relate ; yet not by vertue of this oath , ( which no historian mention● ) but of his arms and 〈◊〉 ; this oath ( as i conc●ive ) being rath ●r●invented by our saxon kings , than ki●g arthur ; and first prescribed by this law of king edmund son of adelstan ( made at f culinton by advice of his bishops and wise men , about the year . lex . ) ut omnes jurent in nomine domini &c. fidelii atem edmundo reg. , sicvt homo debet esse fidelis domino suo ; sine omni controversia et seditione in manifesto et occulto , &c. et quod anteqvam iuramentum hoc dabitur , ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo . this oath thus instituted , was * backed by the laws of edw. the confessor , & of will , the conq. ( lex , . ) published by g mr. selden : in whose reign all bishops before their consecrations did homage to the k. as well as fealty for their temporalties ; which though archbishop anselm opposed , yet at last it was h agreed between king henry the first and him , by assent of the b●shops , abbots , lords and great men in a parliamentary council held in august anno ● . vt nullus ad praelattonem electus pro homagio quod regi faceret consecratione suscepti honoris priva●etur . which law and usage continued under king henry the second , as is evident by this passage of glanvil , l. . c. . who writ and was chief justice under him . electi vero in episcopos ante consecrationem homagia sva facere solent . what solemn publike oathes of allegiance and fidelity bishops and other clergymen , as well as the temporal lords & commons , have heretofore and of late years made to our kings and their heirs , you may read at leasure in the exact abridgement of the records in the tower , p. , , , h. . c. . . h. . c. . . h. . c. . eliz. c. , . eliz. c. . jac. c. . . . jac. c. . i shall only present you with one more thus recorded in the clause roll of e. . m. . dorso . memorand , quod tertio die iulii anno regni regis edwardi quarti undecimo apud westm. in camera parliamenti , venerabilis pater thomas cardinalis archiepiscopius cantuar , ac alii domini spirituales et temporales , ac etiam quidam milites quorum nomina subscribuntur , fecerunt recognitionem , iuramentumque praestiterunt edwardo primogenito dicti domini nostri regis edwardi quarti , illustri principi walliae , duci cornub , & comiti cestriae in forma sequenti , & ad corroborationem praemiss●rum singuli corum manibus propries scripserunt sua nomina . i thomas cardinal archbishop of canterbury knowledge , take and repute you edward prince of wallys , duke of cornwall , and earl of chester , first begotten so● of our soveraign lord edward the fourth , king of england , and of france , and lord of ireland , to be very and undoubted heir to our said soveraign lord as to the crowns of england and france ; and lordship of ir●land ; and promi●●e and swear , that in case hereafter it happen you by gods disposition to overlive our said soveraign lord , i shall then bear , and in all things truly and faithfully behave me towards you and your ●heirs , as a true and 〈…〉 subject ought to behave 〈◊〉 to his soveraign lord and right wy● king of england , &c. so help me god and holy domes , and the evangelists . t. 〈…〉 g. 〈◊〉 t. london episc. he●r . dun●lm . w. episc. winton . g. cl●rence . r. gloucester . norff. h. buckyngham . i. ●uff . arundell . h. essex . e. kent . riveri●rs . i. wiltshire . w. 〈◊〉 , prior hosp●t . s iohannis . e. arundall mautravers . a. gray . i. fenis . r. e●●sc . sarum . w. 〈…〉 t. 〈◊〉 r. bathonien . e. carliol . r. beauchamp . sir rob●rt fenys . bourgchier . t. bourchier . w. par. i. dudley . i. audley . dac●e . edw●●do bergaveny . i. s●trange . i. scrop . w. ferrers . berners . hasting● . mou●tjoy . dynham . howard . duras . i. pilk●ngton . w. bea●don . w. courtenay . t. mullineux . raulf ashto● . the first who brought homage into england for ought i can finde , was william the conqueror , and his normans● , who equally imposed it , on all bishops , abbo●s and clergymensas well as on the laity , in the self-same words and form for ought appears . how bishops & abbots came to be exempred from doing homage for their temporalties to our kings after their consecra●●ons i have already touched & shall here further declare for the informa●ion of those of my own profession : abbot a ingulph●s records , 〈◊〉 mulcis armis retroactis ( even from king e●h●l●eds reig● ) ●ulla electio praelatorum erat merè i●era ●●canonica , ●ed omnes divnita●es tam episcoporum quam abbatum per annulum et baculnm regis curia pro sna complacentia conferebat ; his 〈…〉 king william the conquerot , who first b●ought the b word and service of homage out of normandy into england , and at his coronation at lo●don ann. . homagiis à magnatibus ( as well of the clergy as laity ) acceptis , cum fidelitatis juramento , obsidibusque acceptis , in regno confirmatus , omnibus qui ad regnum aspiraverant factus est terrori , as matthew paris , p. . and matthew westminster p. . relate . c ann. . he received homage from the king of scots . and anno he entred wales with a numerous army , subdued it , et a regnlis 〈◊〉 ditionis homagia & fidelitates accep●t . anno . cepit homagia ordinum totius angliae , et juramentum fidelitatis , cujus●unque essent ●endi ●el senementi● ; and apud londonias hominium sibi facere , et contra omnes homines fidelitatem jurare omnem angliae incolam imperans ( therefore bishops , abbots and clocks , as well as laymen ) totam terram descripsit , &c. as d ingulphus informs us flourishing in that age . the pope being much offended that kings should thus conferre bishopricks , abbies , and other ecclesiastical dignities per annulum et baculum , and that bishops , and abbots should thus doe homage and fe●lty to them , and become their men , as well as l●ick● , ( as being a grand impediment to their supreme authority over emperors , kings and princes of the earth , strenuo●sly attempted by pope hil● lebrand ; ) thereupon pope urban the d . an●s . . in a e council held at claremount ordained , ut episcopi , vel abbates , vel aliquis de clero aliquam ecclesiasticam dignitatem de manu principum , vel quorumliber laicorum , non recipiant . and this not prevailing , in another council held by this f pope at rome , anno . urbanus papa excommunicavit omnes laicos investituras eccle●arum dantes , et omnes easdem investituras de manib●s laicorum accipientes , necnon omnes in officium sic dati honoris consecrantes . excommunicavit etiam eos , qui pro ecclesiasticis honoribus laicorum homines fiunt id est , homagium ineunt as learned g sir hen. spelman truly expounds it . ) dicens minus execrabile videri , ut manus quae in tantam eminentiam excre●erant , ut quod nulli angelorum concessum●est , ut deum cuncta creantem suo signaculo creant ( mark the blasphemy and contradiction ) et eundem ipsum pro salute totius mundi dei patris obtutibus offerant , in hanc ignaviam vel stul●itiam detrudantur ; ut ancillae fiant eorum manuum quae diebus et noctibus obscenis contactibus inquinantur , sive rapinis et injustae sanguinis effusione addictae maculantur . et ab omnibus est clamatum , fiat , fiat , et in his consummatum est conci●ium . hereupon h anselm archbishop of canterbury , a burgundian by birth , and great creature of the popes , peremptorily refused to consecrate any bishops , who received their investi●ures per annulum baculum from the king , or to have any communion with those who were thus invested and consecrated by the archbishop of yorke in his absence ; denying to do any homage or fealty to king henry the . after his revocation by him from his exile under will. rufus , without the popes license ; affirming , volente deo nvllivs mortalis homofiam , nec per sacramen●ū alicui fidem promittam . hereupon rex , regnique proceres , episcopi , et cujuscunque generis aulici praeter regni consuetudinem ab anselmo facti●atum indignè ferentes asserebant sese nunquam tam iniquo papae decreto assensos vel assensuros , et potius tam anselmum regno exterminaturos et ab ecclesia romana penitus disces●uros , quam hanc papae sententiam a iure regio , regnique consuetudine prorsus alienam , ratam haberent . after many publike meetings and debates between the king , prelates , nobles and anselm about this business , it was agreed , that anselm , and william werelast the kings ambassadour , should goe to rome to pope paschal the . and debate this business before him ; where the said william appearing , and vehemently urging before the pope in the kings behalf ; dedecus ei , et videri et esse , si antecessorum suorum jura perderet , quos ipse et animi magni●udine , et opum affluentia longe praerivit , &c. adding in the close ; quod dominus meus nec pro amissione regni patietur sibi ecclesiarum investituras auferri . to which the insolent pope presently replied with a stern countenance . nec ego pro capitis sui redemptione eum investituras permittam impune habere ; whereupon they decreed the cause for anselm against the king ; and in a synod at lateran , ratified the former decree of pope urban in the council at rome ; which this pope by his consolatory epistle to m ) anselm informed him of , incouraging him openly and boldly to appear and speak in this cause for the churches divine liberty . anselm hereupon wrote thus to king henry ( inviting him to return into england , and to doe him that service as his predecessors had done to his ancestors ) n ut autem sim vobiscum ita ut antecessor meus erat cum patre vestro , facere non possum , quia nec vobis homagivmfacere , nec accipientibus de manu vestra investituras ecclesiarum propter praedictam ( papae ) prohibitionem me audiente factam , audeo communicare . but though o ludovicus crassus k. of france was so pusillanimous , as by his charter , dated an. . to exempt his archbishops , bishops and clergy from doing any homage or fealty to him for their temporalties before , or after their consecrations , granting them , quod canonicam omnino gauderent libertatem absqve homagii , iuramenti , seu fidei primum datae , obligatione ; yet k. hen. the first , though he were contented at last to part with his investitures to bishopricks and abbies , yet he would upon no terms exempt any bishops or abbots from the homage due unto him for their temporalties , after their elections , and before their consecrations , not from the oath of fealty ; they alwayes doing homage to him and his successors , at least wise before their consecrations , though seldom after them , and that in the self-same form as laymen did , ( without omitting this clause , i become your man ) as appears by glanvil , l. . c. . bracton , l. . c. . fleta , l. . c. . britton , ch . of homages ; and e. . of the manner of doing homage and fealty ; prescribing only one and the self-same form of homage as well to the clergy as laity , as well as the same oath of fealty , which they equally performed , though littleton ( and he alone ) makes a difference between their forms of homage . hence in the parliament at salisbury , anno dom. . comites & barones cum clero totius regni in praesentia regis henrici . sibi et willielmo filio suo homagium fecerunt & fidelitatem iuraverunt , as the p chronicle of bromton , and q other of our historians record . i shall illustrate this discourse touching homage and fealty , with these memorable clauses in the charter of king stephen , touching the agreement made between him and henry duke of normandy , &c. in a r parliamentary assembly of the bishops and others of the realm at wallingford . anno gratiae . wherein king stephen declaring him the right hereditary heir to the crown of england after his death ; and he reciprocally agreeing , that stephen should enjoy the crown and kingdom quietly , without interruption by him during his life ; thereupon , dux propter hunc honorem et donationem et confirmationem sib● à me factam , homagium michi , et sacramento securitatem fecit , scilicet , quod fidelis michi erit , et vitam et honorem meum pro suo pos●e custodier , per conventiones inter nos praelocutas , ego etiam secu●itatem sacramento duci feci , quod vitam et honorem ei pro posse meo custodiam , et sicut fi●ium & haeredem meum in omnibus in quibus potero eum manu●enebo , et custodiam contra omnes quos po●ero . willielms autem filius meus homagium et securitatem duci fecit , &c. comites & barones ducis qui homines mei nunquam fuerunt , pro honore quem domino suo f●ci , homagium et sacramentum michi fecerunt , salvis conventionibus inter me et ducem factis . coeteri vero qui ante homagium michi fecerant , fideli●atem michi fecerunt sicut domino . et si dux à praemissis rece●erit , omnino a servicio ipsius cessarent , quousque errara corrigeret , &c. comites etiam et barones mei ligium homagium duci fecerunt , salva mea fidelitate quamdiu vixero , et regnum tenuero . simili lege , quod si ●go à praedictis recederem , omnino à servicio meo cestarent quousque errata corrigerem . cives etiam civi●atum et homines castrorum quae in dominio meo habeo ex praecepto meo homagium et securitatem duci fecerunt , salva fidelitate mea quamdiu vixero et regnum tenuero . archiepiscopi , episcopi atque abbates de regno angliae ex praecepto meo fidelitatem sacramento duci fecerunt . illi quoque qui in regno angliae episcopi deinceps fi●nt vel abbates , idem facient . in the recognition of the antient customs of the s realm of england used in the reign of king henry the . and his ancestors , quae observari debebant in regno & ab omnibus teneri ; drawen up and agreed upon febr. . anno dom. . in the famous parliamentary council of clarindon , in the presence of the king , and of all the archbishops , bishops , abbots , priors , earls , barons and great men of the realm ; who all juraverunt & firmiter in verbo veritatis promiserunt viva voce , tenendas et observandas domino regi et haeredibus svis , bona fide et absque malo ingenio in perpetuum ; i finde these articles pertinent to my purpose , archiepiscopi , episcopi , et universae personae regni , qui de rege tenent in capite , habeant possessiones suas de rege sicut baroniam , et inde respondeant justiciariis et ministris regiis , et fequentur et faciant omnes consuetudines regias ; et sicut caeteri barones debent interesse judiciis curiae regis cum baronibus quousque pervenitur ad diminutionem membrorum , vel ad mortem . cum vacaverit archieplscopatus , episcopatus vel abbatia , vel prioratus in dominio regi● , esse debet in manu ipsius , et inde percipiet omnes reditus et exitus , sicut dominicos reditus suos . et cum ventum fuerit ad consulendum ecclesiam , debet dominus rex mandare po●iores personas ecclesiae , et in capella ipsius regis debet fieri electio , assensu ipsius regis et concilio personarum regni , quas ad haec faciendum advocaverit , et ibidem faciet electus homagivm & fidelitatem regi , sicvt ligio do mino svo . , de vita sua et de membris , et de honore terreno , salvo ordine suo , priusquam consecretur . indeed angelus de clavasio in his summa angelica tit. homagium , and other canonists hold it to be symonie and unlawfull , prore ' spirituali , puia beneficio ecclesiastico homagium exigere : but our lawes resolve it an antient legal duty and service : of which see more in spelmanni glossarium , tit. fidelitas & homagium , in william somners glossarium , tit. homagium , and in bracton , britton and fleta . . that this clause in the writs to the temporal lords in fide & homagio , implies they were all ( or most ) barons by tenure . and whereas a sir ed. cook , and b sir henry spelman assert , that of antient time , the temporal lords were commanded by the kings writ thus to appear , in fide et homagio quibus nobis tenemini , and in the reign of edward . in fide et ligeantia , and sometimes in fide et homagio , but at this day constantly , in fide et ligeantia ; because at this day there are no feudal baronies , in respect whereof homage is to be done ; which in e. . was the true cause of this alteration : if this observation of theirs , that in fide et homagio , feodales propriè respiciat barones , denoting only such barons who were barons by tenure , or barony , for which they did their homage and swore fealty and allegiance to the king : then this is a most convincing argument , that all the lords and barons summoned before e. . were barons only by tenure , not by writ alone , because they were all regularly summoned to appear in fide et homagio , not in fide et ligeantia : ly . it is a clear mistake , that this alteration of homagio into ligeantia , was made in e ▪ . for it was not till e. . pars . dors . . in fide et homagio , being used both in the writs of , , , & e. . ly . the reason of this alteration could not be this they rend●r , because all or most of the lords and barons then summoned , did not hold of the king by barony ; but were barons only by writ , not tenure ; first , because all the writs to the prince of wales , ●and earls then summoned ( who held of the king by homage and barony ) issued in this form in fide et ligeantia to them , as well as to the inferiour lords and barons . ly , because the self-same prince , earls , lords summoned in this form in e. . in the very next years of e. . d. . and e. . d. . were twice summoned again , i● fide , homagio et ligeantia quibus nobis tenemini , and e. . d. . in fide et homagio ; after in e. . d. . . e. . d. . & . they are summoned in fide et ligeantia ; but yet in e. . d. . e. . d. . e. . d. . e. . d. . e. . d. . e. . d. . e. . d. . e. . d. . all the writs to the prince , earls , lords and barons , run again in fide et homagio only : and some between and after them in fide et ligeantia only , though issued to the self-same persons , or their heirs : therefore ligeantia , in these and subsequent writs , is put only as a synonima , signifying only homagium ; as the coupling them together in two writs , in fide , homagio et ligeantia , and the placing of homagio thus interchangeably for ligeantia , and ligeancia for homagio , evidence beyond contradiction : the rather , because there is the highest promise and bond of allegiance expressed in the very words , and form of homage done to the king ( as the words , * i become your man from this day forwards of life and member , and of earthly worship , and unto you shall be true and faithfull , and bear you faith , and this clause , saving the faith that i owe unto our soveraign lord the king , when done to a common person ) import : and glanvil l. . c. . bracton l. . c. . fleta l. . c. . sir edward cook in his institutes on littletons chapter of homage , sir hen. spelman , and somner in their glossaries tit. homagium & fidelitas , at large demonstrate ; therefore homage may be properly stiled ligeantia , and be put in lien of homagio , as doubtless it is in all those writs that use it . ly . i find c sundry homages for dutchies , earldoms and baronies , done to our kings by the duke of aquitain , the d●ke of hereford , henry percy , the duke of norfolk , and other peers , who were then and afterwards summoned in fide et ligeantia , not homagio ; and i doubt sir edward cooke and those of his opinion , can hardly name any dukes , earls , vicounts , lords or barons , summoned to parliament under henry the . r. . h. , , . or e. . who was not a lord by tenure or barony , as well as by patent , or a special writ of creation , the very names of their baronies as d sir edward cooke , and e mr. selden inform us , being usually expressed in all later writs of summon● : therefore this their conjecture of altering the writs from homagio to ligeantia , because they held not by homage , must needs be erronious , and groundless in my judgemen● , and the assertions of such who hold , that the kings bare general writs of summons , issued to those who held not by barony , did create them and their issues barons , if they sate in parliament without any special creation by some clauses in the writs , or by pa●ent , grounded on this mistake , must vanish into smoke ; else that clause of creation in the writ to sir henry bromfleet , cl. h. . d. . would have been both superfluous and ridiculous . ly . that this clause , in fide et homagio ; or , in fide & ligeantia quibus nobis tenemini , is sometimes omitted out of the writs of summons to the prince of wales , and other times inserted into them . ly . that the prince of wales in the writs of summons and adjournment , is sometimes stiled princeps walliae only ; sometimes , princeps aquitaniae et walliae ; other times , princeps walliae , dux cornubiae , et comes c●striae ; when all these titles were conferred on him by the king. ly ▪ that in the writs issued to dukes , earls , and temporal lords of the kings progeny , royal bloud and alliance , they are usually stiled ; carissimo filio nostro ; fratri regis ; fratri nostro ; avunculo regis ; avunculo nostro ; nepoti nostro ; consanguineo nostro , &c. and the other earls and temporal lords , dilecto et fideli nostro , only ; and that those of the bloud royal are for the most part , though not alwayes , first entred in the rolls of summons . y . that when a duke or earl of england was made a real or titular king of any forein realm , his royal title was alwayes mentioned in the writ : thus iohn duke of lancaster king of castell and leon , in all writs of summons to him after his forein kingship . , was stiled , car●ssimo filio suo iohanni regi castellae et l●gionis duci lancastriae , in the summons of . , ● . 〈◊〉 and carissimo avunculo suo iohanni regi castell● & legionis , duci lancastriae : in all the writs issued to him under king rich●rd the d . so if any earl or baron of england , was created a duke or earl in scotland , france , or ireland , his forein titles were inserted into the writs , as the title of cardinal , or patriarch of ierusalem was inserted into the english bishops writs created cardin●ls and patriarchs beyond the seas . thus gilb●rt de vinf . an l an english baron being made earl of anegos , and david de stràbolgi , earl of athol in scotland , leonell the kings son earl of vlster in ireland ; the black prince made prince of aquitain as well as of wales , and iohn duke of lancaster , duke of aquitan , under richard the d . the were thereupon stiled * comiti anegos , comiti athol , comiti vlton , principi aquitani● & walliae , duci aquitaniae & lancastriae , in the writs directed to them : and if these their forein titles were omitted in any writs against them at the common law , the writs would abate , because they were english peers , and had these titles inserted into their writs of summons to parliament , where they sate in their princes , dukes and earls robes , amongst the rest of the dukes and earls . but if any forein duke , earl , lord , or baron of france , ireland , spain or germany , who was no english baron , lord or peer of parliament , was sued in the kings court by writ , he might be stiled only a knight or esquire , and needed not to be sued by the title of duke , earl , lord or baron ; because he was no duke , earl , lord or * baron at all in england ; but only in his own country , and should be tried upon an indictment of treason , murder or felony , only by an ordinary iury , and not by english peers . by which differences the books of e. . ● . brooks nosme de dignity , ● . . & parl. . e. . fi●zh . brief . . r. . fitzh . proces . . e. . . brooks nosme de dignity . . dyer , ● . b. cook ▪ rep . calvins case , f. , . . rep . ●●nchers case , f. . . instit. p. . & . instit. p. . are fully reconciled . . that if any earl , baron or lord was marshal , constable , steward , admiral , chancellor , treasurer , or other great officer of england , or warden of the cinque ports ; his title of office was commonly inserted into the writs of summons . as , rogero , or thomae comiti naff . & marescallo angliae , avunculo suo carissimo , thomae de wodestoke consta●ulario augliae , willo de cl●nton comiti ha●i●gdon , constabulario castri dover . et custodi quinque portuum suorum , &c. what precedency these officers had of other earls , lords and barons , in parliament , you may read in the statute of h. . c. . and mr. s●ldens titles of honor. p. , &c. . that in the lists of the dukes , earls , lords , and barons names there is no certain order observed according to their antiquity or precedency , but in some rolls one is first entred , in other rolls others listed before them , and they again postponed in succeeding lists : y●t generally for the most part , ●hough not always , the prince of wales is first entred before the rest ; the dukes before the earls ; the earls & vicounts before the lords and barons ; and they before the iudges or kings counsil ; and the earl who was marshal of england , before the other earls ; the clerks entring their names promiscuously for the most part as the writs came to their hands . some times the first writs entred at large issued to one earl , lord , duke , baron , other times the writs go to others , without observing the laws of heraldry , though in the reing of edward the d. and afterwards , their names are more methodically entred then before that time ; oft times in the selfsame order , or with some small variations and transpositions . so as the precedency of the earls or barons , and their places of sitting in the parliament house cannot be certainly collected from , or defined by the entry of their writs of summons or li●ting in the eodem modo mandatum est , or consimiles lit●rae ; but by custom , and the statute of h. . cap. . ly . that in some clause rolls there is one writ to the archbishop , or some other bishop first entred at large , and another writ at large , to some one earl or temporal lord ; with an eodem modo , or consimiles literae , only entred to the rest there listed : but most usually , there is only but one writ entred at large to one of the archbishops , or some other bishops ; and then a short recital of some part of that writ to one temporal lord , with an &c. teste ut supra , and the like , for brevity sake : and an eodem modo , and consimiles literae ; or some short entries of some special clauses of the writ , to all the other temporal lords . ly . that in the eodem modo , and consimiles literae ; first the bishops , abbots , priors and spiritual lords , then the dukes , earls , temporal lords , barons , justices , kings counsils names , are entred successively one after another , after the first writ , which is singly entred in sundry rolls , without any writ or part of writ interposed between their names ; as if they had all the selfsame writs in terminis issued to them . but in most rolls , there is either a distinct writ , or part of writ ; or an eodem modo mandatum est &c. mutatis mutandis ; interposed between the names of the bishops , abbots , priors , and earls and lay lords ; & likewise between the temporal lords , and the kings counsil and justices summoned to parliaments : with the usual clauses wherin the writs differ one frō another inserted into them ; which different clauses no doubt were in most of the writs issued to them in those rolls where they are all entred promiscuously together in the eodem modo , and consimiles literae ; without any writ or part of a writ , or m●tatis mutandis interposed between thē , omitted only for brevity sake by the clerks ; who ingrossed the rolls . ly . that the english barons , who were tit●lary earls in scotland under the kings jurisdiction and allegance were alwayes summoned and li●●ed among●● the earls of england in the rolls of summons , not amongst the english lords aud barons who were no earls : witnesse gilbert , and robert de vmfranil , earls of anegos in scotland , and david de stabolgi , earl of athol , alwayes summoned to the parliaments by the titles of these their scotish earld●ms , and li●ted amongst the en●lish earls , not barons , in the clause rolls . gilbert de vmfranil being summoned by writ as earl of an●gos , to no lesse than . robert de vmfranil to . gilbert 〈◊〉 vmfran●l his son , to . english parliaments , & david de sirabolgi to . parliaments and great councils , as earl of athol ( as the ensuing table will inform you ) amongst the other earls of england : but no other earls of scotland besides these two . the reason whereof was only this , because they were english barons , and held lands by barony in england , though the titles of their earldoms were not english● but scotish , y●t they were under the kings subjection allegiance ; and their residence when thus summoned , was upon their baronies in england . that gilbert de vmfranil , was an english baron and lord of parliament , before he became earl of anegos , is clear by the clause rolls of e. . d. . . & e. . d. . b wherein he was summoned to . parliaments amongst the english lords and barons ; but then being earl of anegos by discent from his mother , he , was in cl. e. . d. . & sundry parliaments after , alwayes summoned by the name of earl of anegos , and listed amongst the earls of england , as the ensuing table demonstrates . so rob. de umfranil , summoned to parliament amongst the english barons , claus. . e. . d. . was in claus. . e. . d. . and all succeeding parliaments under edward the . & . summoned to parliament as earl of anegos among the earls of england , with whom he is still entred in the rolls . the like may be said of david de stra●olgi , who though originally a scotish earl , was yet afterwards made an english lord by the king , and held l●nds in england by barony , and upon that account summoned to sundry parliaments and great councils by ●●e title of earl of athol , and registred amongst the english earls in the clause ro●ls . which i thought meet to touch , both to rectifie and clear that do●b●e mistake in the antiquity of the parliaments of england ( newly printed ) p. . that peers of scotland were wont to come and be summoned to the parliament . and that the peers of scotland came to the parliament for iustice : which the author indeavours to prove by f. . . in a writ of r●v●shment de gard , against gilbert vmfravi● ; who demanded judgm●nt of the writ , because he was earl of anguish , and not so named in the writ , &c. when as he was not summoned to our parliament as a peer of sco●land , but only as an english baron dignified with the title of a scotlsh earldome ; and came not to our english parliament for iustice ; but was summoned to it by spe●●●l writs , as a peer and member thereof ; as the clause ro●ls resolve , and the very year book likewise . of which more hereafter in its proper place . ly . that no forein prelates , earls , nobles , barons of ireland , scotland or france were formerly summoned to the parliaments of england , as pro●er members thereof or lords of parliament , to make laws or impose taxes , or give iudgment , or counsel in any matters relating to england , but only our english prelates , earls , lords and barons ; as is most apparent by these special clauses in the writs of summons . ibidem vobiscum , ac cum caeteris praelatis , magnatibus , & proceribus dictiregni angliae ( never scotiae franciae , or hiberniae in any writs whatsoever ) colloquium habere volumus & tractatum . and dictis die et loco persona●●ter intersitis nobiscum , & cum caeteris praelatis , magnatibus et proceribus , praedictis ( or dicti regni nostri●● ) super dic●●s negot●●s tracta●●ri , ve●●rumque consilium impensu●i . and ad consentiendum hi●s quae ●unc ibidem de communi consilio dicti ( or ejusdem ) regni nostri , contigerit ordinari : and by this usual clause in the patents of creation of all our english earls , lords , and barons of parliament ; c volentes & concedentes pro nobis haeredibus & successoribus nostris , quod praefatus , a. comes b. or c. baro , or dominus , d. et haeredes sui masculi , et eorum quilibet habeat , teneat & possideat sedem & locum in parliamentis nostris , haeredum & luccessorum nostrorum infra regnum nostrum angliae inter alios comites , & barones ejusdem regni , ut comes , or baro : compared with the d patents of creation of irish and scotish earls , lords barons , & boroughs , which constitute them only earls , lords , barons or boroughs ; in terra & dominio nostro hiberniae , or scotiae ; or infra regnum nostrum scotiae , or hiberuiae ; and vnum comitem , dominum vel baronem omnium & singulorum parliamentorum & magnorum conciliorum nostrorum , &c. in terra ( or regno ) nostro hiberniae , or scotiae , ●enendorum ; and grant them only , sedem et locum , in parliamentis nostris hiberniae , or scotiae , inter alios comites , dominos & barones ejusdem regni ; as the kings patents to e burroughs in irel. gave them plenā potestatē & authoritatē eligendi , mittendi & retornendi duos discretos & idoneos viros , ad inserviendum & attendendum in quolib●t parliamento in dicto regno nostro hiberniae ( not angliae ) in posterum tenend . but no place or voyce at all to their peers or burgesses in the parliaments of england , amongst the earls , lords or barons of england ; who have no seat , place , or voyce at all in the parliaments of scotland or ireland , as they are english peers ( though subordinat kingdoms to england . ) which i shall farther clear in some ensuing sections . ly . that there is a great diversity between writs of summons to parliaments , or general parliamentary councils ; and to particular councils upon emergent occasions which are not properly parliaments ; all the bishops , abbots , priors , earls , lords , barons , together with the judges and kings counsil , citizens , burgesses of parliament , and barons of the ci●que ports , being usually summoned to the one ; but some few spiritual and temporal lords only , without any judges , assistants , knights , citizens burgesses or barons of the cinque-ports , or some few of them only , and divers who were no usual lords , barons of parliament ( as in e. . d. . and other rolls ) summoned to the other , as the clause rolls a●test . which difference some ignorant antiquaries not observing , have confounded them both together as one and the same , and mistaken some writs of summons only to a council , or to a conference with the king & his privy counsil upon extraordinary dangers & occasions , for writs of summons to a parliament . such amongst other forecited writs , are these of * e. . dors . . & . e. . d. . where all those earls , lords , abbots , peers , great men , gentlemen , counte●●es , ladies and dowagers who had lands in ireland ( and none else but they alone ) were summoned , the temporal lords and great men , to appear in proper person , the clergymen , countesses , ladies and dowagers , to send one or more proxies or deputies in whom they specially confided , to the king and his counsil at westminster ( not to the parliament ) there to confer and treat with them concerning the relief of ireland , and their passage to , or sending men of arms speedily into ireland , to resist , suppress the irish rebels , who much infested , wasted , and endangered it ; as the whole frame and contents of the writs themselves , and the marginal notes in the rolls , de consillo summonito : de veniendo ad consilium , &c. resolve beyond all contradiction . which ioseph holland and others not considering , in their antiquity of the parliaments of england , p. . . have published these two grosse mistakes together , viz. that in the time of edward the th●●● , ther● was a writ then in use ; de admittendo ●ide dignas ad colloquium , &c. it is recorded amongst the summons of parliament , e. . that there is a writ , de admittendo fide dignos ad colloquium . and amongst the earls and barons there is retorned . m●ry countesse de norff : alianoxa countesse de ormond ▪ philippa countesse de march , agnes countesse de pembroke , and katherine countesse of athol . when as these countesses were not recorded nor retorned amongst the earls and barons in any summons to parliament , nor were they required to send or come to any parliament or parliamentary council ; nor is th●re any writ , in this or any other roll ; de admittendo fide dignas , or dignos ad colloquium ; as they confidently affirme . but they were only summoned by writ to send men of arms into ireland with other lords , gentlemen , clergymen , who had lands and possessions there , as these countesses all had , for to defend and recover the same from the irish enemies ; and commanded ; * aliquos vel aliquem de quibus , vel de quo specialiter confiditis mittatis apud westm. &c. which mittatis these pseudo-antiquaries , have metamorphosed into a writ , de admittendo fide dignas ad colloquium . by which grosse perversion they have evidenced themselves and their treatises , not to be fide digni , in these and other particulars rela●ing to our parliaments , wherewith they have deceived both themselves and others , who adore these their oversights for oracles . ly . that when any of the earls , lords or nobles were imployed in the wars in france , scotland , ireland , or any other service for the king in forein parts , they were omitted out of the lists of summons to parliaments , and parliamentary councils ; and if any writs in such cases issued to them they were usually revoked & cancelled , and entries thereof made upon the clause rolls : this is evident by claus. e. . . dors . . where i find these . presidents in the lists of the lords and barons names . thomae wake de lydett , vacat quia in obsequio regis . henry de grey , vacat , quia in obsequio regis . after which , at the end of all the writs of summons to the sheriffs , warden of the cinque-ports , and kings counsel , follows this entry of writs to some earls , lords and gentlemen , besides those first mentioned after the spiritual lords then summoned . rex dilecto & fideli suo willo . de bohun , com. northamton , salutem ; quia tam super urgentissimis , &c. ut supra in brevi directo hent . com. l●ncastr . usque in finem . eodem modo mandatum est subscriptis , viz. thomae com. norff●er mariscallo angliae , avunculo regis , willielmo de monteacuto comit● sarum , rico. comiti arundell , hugoni de aud●le comiti gloucestr . roberto de ufford comiti suff. gilberto de umfravill , comiti de anegos , ranulpho de dacre , bartho , de burghersh , johanni de segrave , egidio de badlesmere , rado . de nevill , johanni de tybtofte , rico. talebot , henr. de percey , rado de stafford , thomae de berkele , antonio de lucy . et memorand . quod brevia istis magnatibus immediate praescriptis directa , de essendo ad parliamentum praedictum , remissa fuerunt cancellar ; et pro eo qvod qvidam ex eis in partibus scotiae , quidam ex eis in partibus transmarinis in obsequio regis existvnt , adnu●land . so claus. an. e. . pars . . dors . . there is this entry made in the lists of summons . humfrido de bohun comiti hereford , vacat quia in obsequio regis . and cl. . r. . d. . iohi de nevill de raby ( in partibus aquitan . ) if any baron or lords name were in the list of summons , and he not actually summoned ; there was then a vacat entred in the roll ; as in claus. . e. . p. . dors . . iohi de sutton de holdernesse ( vacat quia non fuit summonitus ) and if he died before the parliament , then his death was entred upon the roll , as claus , . e. . d. . iohi de clynton , mortuus est. ly . that when any temporal lords or prelates had writs of summons to parliament issued to them in times of warr and danger , whilst they were imployed in the warrs against the scots in the north , or parts of scotland ; if they could not desert the warrs and attend personally in parliament without danger and prejudice to the publike , they had then writs of countermand sent them , not to recede from the parts where they were in service , notwithstanding their summons to parliament . for which i find this memorable president in claus. e. . d. . de non recedendo à partibus scotiae , rex dilecto & sideli suo iohanni segrave salutem . licet ●uper vobis mandavimus quod omnibus aliis praetermissis ad parliamentum quod apud london in prox . festo sancti michaelis duximus stat●end . personaliter intersitis , nolumus tamen quod praetextu mandati praedicti & partibus scotiae , , seu marchiae ejus , in quibus estis in obsequio nostro constituti aliqualiter recedatis . t. rege apud losele xi die septembris . consimiles literae diriguntur alexandro balliolo , edmundo de hastinges , willo de l●●u , seniori , waltero de huntercumbe . eodem modo mandatum est roberto de clifford , quod , a partibus in quibus nunc est nullatenus recedatis . to which i shall subjoyn this later ▪ president of cl. . e. . d. . rex dilecto & fideli suo waltero de fauconberg , salutem . licet nuper vobis mandaverimus , quod omnibus aliis praetermissis essetis ad nos tertia dominica quadragesimae prox . futur . apud westm. ibidem nobi●scum & cum magnatibus & procerib●s regni nostri super diversis negotiis , nos et statum ejusdem regni tangen●ib●s tractaturi ve●trumque consilium impensuri , pro securiori tamen custodia et majori tuitione partium vestrarum contra scotos inimicos et rebelles nostros , vobis mandamus , quod a partibus praedictis sine mandato nostro vos nullatenus transferatis . teste rege apud westm. die febr. eodem modo mandatum est subscriptis , viz. ranulpho de nevill , willo de vavasour , willo de ros de hamlake , marmiduco de twenge , nicho. de meivill , ade de everingham , thomae de multon de egremond , thomae de multon de gillesland , ingelramo de gynes . as for the bishops in such cases , they were by other special writs authorized to make proctors to supply their places ; though summoned by the original writs to appear personally in parliament , and not by proxies ; as in claus. e. . pars . d. . and claus. e. . d. . forecited p. . . . ly . that if the king either summoned or prorogued a parliament to a certain day and place by his writs , commanding the earls , lords and other great men personally to appear in parliament at that day and place ; and then by reason of other emergent occasions could not meet them , or hold the parliament at the time and place prefixed , he then usually discharged them all from their attendance by a subsequent wrir ; of which we have this pregnant example , claus. . e. . d. . rex dilecto consanguineo & fideli suo thomae comiti lancast. salutem . licet nuper vobiscum volentes ac cum praelatis caeterisque magnatibus regni nostri supra negotiis nos & statum , dicti regni tangentibus habere colloquium & tractatum , ordinassemus parliamentum nostrum tenere apud westm. prima dominica quadragesimae prox , fu●ur , vobisque mandassemus , quod dictis die & loco personaliter interessetis , ad tractand . nobiscum , & cum praelatis & magnatibus praedictis super negotiis antedictis , quia tamen propter aliquas causas ad locum praedictum dicto die accedere non valemus , vobis significamus , quod ad dictos diem et locum praemissa occasione vos accedere non oportet . teste rege apud eborum , . die january . consimiles literae dirigunter subscriptis : viz. to . earls more , and the rest of the lords summoned with them to appear personally at this parliament . ly . that sometimes the temporal lords as well as prelates , were more strictly and peremptorily required , and adjured with greater earnestnesse to appear personally in parliaments and parliamentary councils , then they were at other seasons , without admitting any excuses or making any proxies ; because through their absence and want of their personal presence when summoned , the parliaments were oft adjourned to some other time , the businesse of the king and kingdoms retarded , delayed to the publike praejudice , and the parliaments sometimes dissolved without concluding any thing , the lords and commons there assembled refusing to do or grant any thing , when any of the chief lords and prelates were absent , . that no spiritual or temporal lords could absent themselves from parliaments when duly summoned thereunto without a reason●ble and just excuse , nor make any proxies or proctors to supply their places , but when specially authorized and licensed to do it in or by the writs of summons , or other special writs , much le●●e than could they be forcibly secluded the house when summoned by writ ; as some of late times have most violently been by those who were raised to defend both their persons and the privileges of parliament . . that armed guards , forces , and troops of soldiers in or near the places where parliaments are assembled and kept , are altogether inconsistent with the customs , vsage , freedom and privileges of parliament ; prejudicial obstructions to their proceedings , and a great oppression to the people ; vpon which account not only the earls , lords and barons , are sometimes in the writs of summons specially prohibited under grievous forf●itures and penalties to repair to the parliament , * with men of arms , and multitudes of people ; and to come only cum dicenti comitiva de hominibus bonae discretionis et consilii , et non cum hominibus ad arma , sub forisfactura omnium quae nobis forisfacere poteritis . claus. e. . m. . dorso ; but our kings likewise by special writs and proclamations at the very first meeting of their parliaments usually prohibited all sorts of men , under pain of forfei●ing all they might forfeit , not to wear any privy coat of plate , or go armed , or carry any warlike weapons within any city or suburbs thereof where their parliaments sa●e , during all the time of their session , that so the parliaments and member●s might not be thereby disturbed , interrupted , over awed or terrified ; as those who please may read at large in the statute of e. . rastals abridgment , armour . e. . c. . e. . rot . parl. n. . parl. . n. . parl. . at york . n. . . ● . e. . parl. . n. . parl. . n. . e. . n. . e. . n. . e. . n. . e. n. . . e. . n. . ● e. . n. . e. . parl. . n. . parl. . n. . and cook . instit. p. . such a proclamation as this issued before the parliament held at new sarum , an. . e. . as is evident by the articles of improachm●nt against roger mortymer earl of march , in the parliament of e . . rot. parl. n. , . and e. . n. , ● who amongst othe . articles was impeached condemned and executed as a traytor , for comming * armed to the parliamen● at salsbury , against the kings proclamation ; with divers of his confederates , whereby sundry of the nobles were so terrified , that they came not to the parliament , and the bishops there asse●bled had the dores of the house wherein they sate in counsel broke open upon them by armed men , and were there threatned to lose both life and members if they should be so hardy to say or do any thing against his will and ordinances ; whereby he procured himself to be made earl of march ; caused the king to give him many lands and tenements , to the disinherison of his crown ; and excited him to ride armed against the earl of lancaster and other peers of the realm to winchester , as they were comming towards the king to the said parliament at salisbury ; whereupon they were inforced to re●ire to their own countries to eschue the perils that might happen ; which much greived them that they could not speak with their king , not counsel him as they ought . after which the parliament of r. . as appears by n. . was interrupted and adjourned because the duke of lancaster , and earl of northumberland being at variance , resorted to i● with multitudes of men armed in warlike manner , of which great complaint was made ; and the parliament deferred till the king , his counsil and other lords had examined and reconciled the differences between them , and removed their forces . fit presidents for future times to imitate , after so many outrages and forcible assaults upon the parliament and their members by souldiers and others of late times , beyond all presedents in former ages , to the totall dissolution both of our parliaments and their privileges , unlesse carefully regained , reestablished by strictest laws , exemplary punishments , and severest prohibitions of all armed forces in or near unto the places where future parliaments shall assemble ; who by the just judgment of god upon the former parliament , ( which against the custom , freedom and privilege of parliaments making use of armed mercenary guards and soldiers for their defence , hath been unexpectedly affronted , assaulted , forced , dissipated , yea destroyed by them , and made their basest slaves and captives ) may learn to avoid all such extravagances and oversights in succeeding ages . . it is observable and most evident by comparing the births of our princes of * wales and earls of chester recorded in our histories , wi●h the dates of their first w●its of summons to parliam●nt● ; that edward of carnarvan , the first prince of wales was first summoned by writ to parliament when he was but . years old ; that edward the eldest son of king edward the second , as earl of chestēr , was first summoned by writ to parliament when he was scarce . years of age ; that edward the black prince of wales , was summoned when he was not . and richard his son prince of wales called by writ to parliament when he was not full . years old : the kings eldest and youngest ●ons being usually summoned to parliaments during their minorities , ( though others are * seldom summoned till their full age ) even as king henry the . rode triumphantly to , * and sate in state in parliament in his queen-mothers lap , before he was full . months old . . i observe , that in claus. e. . d. . . adomarus de valencia , was summoned and listed among the earls , without the title of earl annexed to his name , being then , as i conceive , earl of p●mbroc , and so stiled in succeeding summons : and in claus. e. . pars . . d. ( * ) . thomas de wodestoke constabularius angliae , and henry de percy marescallus angliae , are listed amongst the earls without any title of earls ; yet in the next writ of summons , claus. . r. . d. . . thomas de wodestoke , is stiled com ▪ de buck : et constab. angliae : and henry de percy , com. northumb. in the list of the earls ; and therefore i apprehend they were earls in e. . ( as our histories & heraulds report them ) though not so stiled ●n-the roll of summons . . that the names of the kings counsil , justices , and other officers , ●ummoned to parliaments only as assistants , are sometimes inserted into the eodem modo mandatum est ; and confimiles literae next after the the lords and barons name without any space , line or distinction between them , sometimes with a lines distance , or small space only from them ; sometimes they are distinguished from the lords and barons by the words milites , or cl●ricis consilii , & i●st●●iar ▪ added in the margin and a small space between them , as in claus. e. . d. . cl. e. . and sometimes they are in●exmixed with the lords and barons names , and listed amongst them● , as in claus. e. . d. . roger de brabazon and others of them are● named amongs●●th lords and barons , and so in claus. e. . d. . claus. ● e. . p. . d. . in the clause roll of e. . d. . the word milites is inserted in the margin over a●ainst the names of the judges and kings counsil , in the eodem modo , and in claus. e. . d. . clericis consilii , & iusticiar . is written in the margin , to distinguish them from the lords , and barons , ( but in no rolls besides ) without the word barones superadded to the barons and greatmen in the catalogue of their names . . that although the word baro and barones in the clause rolls of king iohn , henry the d● edward . . & histories , * great charters and statutes in their reigns be frequently used , applied to all the temporal lords of parliament , yet in all the clause rolls and writs of summons i have seen , no particular persons amongst them are summoned by the title of barons , but only the barons of greystok , graystoke , or craystoke , and the barons of stafford : in the clause rolls of ed. , & , so of rich. . h. . . and . writs are frequently issued iohanni baroni de greystoke , willo . baroni de greystoke , rado . baroni de greystoke , as they are s●iled in the eodem modo ; yet in other writs , lists , rolls in the eodem modo , the direction to these very barons , is many times iohanni de craystoke , or greystoke , willo . & rado . de greystoke , without the addition of baroni annexed to them ; which title is totally omitted in all the ro●●s of edw. the th . as the ensuing alphabetical and chronological table , with my table to the exact abridgement of the records in the tower , will more particularly inform you . so in the rolls of king e. . & . ( mentioned in the following table ) the directions in sundry writs in the ●od●m modo are , edmundo , & rado . baroni de stafford ; and in other writs to the one of them , he is stiled only rado . de stafford , baroni being omitted in his title , baro , being given ●o none ( for ought i can find ) in any lists of summons , but to these . barons of greystoke and stafford alone . . that in my best observation ● the title or addition of miles or chivaler , was not given to any temporal lords or barons in any writs or lists of summons to parliament before claus. e. . dorse . . & e. . pars . d. . wherein summons issued willielmo le morle chivaler , willielmo de aldeburgh chivaler , iohanni de well . chivaler , hugoni de dacre chivaler ; after which it grew more common under king rich. the . henry . and . when many of the temporal lords and ba●ons had this addition given them sooner or later ; those who wanted it in one , two , three , four or more writs of summons at first , before they were knighted , receiving it in subsequent writs after they were knighted . after the beginning of king henry the . and during the reign of edw. the th . there was scarce any temporal lord in the lists of summons but was stiled a chivaler , or miles , being all genetally knighted for their greater honour . of all the temporal lords , i find onely one namely tho. de la ware , constantly stiled magister tho. de la ware in all writs of summons to him from r. . ● h. . as the en●uing table will inform you ; the true and only reason whereof i apprehend to be this , that before the temporal dignity of a lord or baron descended to him , b he had been a clergyman in sacred orders ; this title magister being alwayes prefixed before the names of all of the kings council who were clergy-men , in their summons to parliament as assista●ts to the lords house , as the writs and table in the next section will inform you● not to distinguish him from the lords who were knights , as some mistake , because none of the other lords who were not knights , had this title magister given to them , but he alone : now whereas in the summons of e. . iohn de audley , is c stiled armiger , i conceive it mistaken by the clerks for chlr. he being ever ●●iled chivaler , not armiger , in the summons of h. . d. . e. . d. . e. . d. . and all other summons else ; and not one baron or lord armiger , but he alone , though unknighted ; armiger being a petty inferior title , not suitable to his lordship or p●erage . . that the prince of wales , dukes , earls and marquesses , are regularly stiled by their christian names , and titles or places of their dignities , and very rarely ( yet now and then ) by their d sirnames ; but the ●emporal lords and barons till the end of king rich. the . his reign , in the writs of summons directed to them , are for the most part stiled by their christian names and surnames , or by their baronies supplying surnames● and sometimes both by their surnames and baronies . that the ti●le dominus , was not usually given to any of them , except two , before the reign of king henry the . the first in my observation to whom this ●itle was given in any writ of summons , was iohn de moubray , who in claus. e. . par . . d. . and so in other succeeding writs ( though not in all ) is stiled iohn de moubray dominus insulae de axholm : none else having this title till af●er the reign of rich. the . the next so stiled is in claus. h. . d. . where a writ issued iohanni talbot domino de fur●vall ; which though omitted in some summons after , is again used in the summons to him cl. h. . d. . and cl. h . . d. . afte● which i finde none so stiled till cl. h. . d. . where robert hungerford chivaler , is stiled dominus de mollins ; as he is in cl. h. . d. . which gives the title of dominus de poynings to h●nry peircy . in cl. h. . d. . this title dominus is given to hungerford , percy , and more ; in cl. h. . d. . it is added to . in cl. h. . d. . to . after which it grew more common to them and most others who were summoned ; as the ensuing table will more particularly inform you . but though the temporal lords in the writs of summons issued to them , were seldom stiled lords or barons before h. . yet it is observable , that when any of them are particularly mentioned in the e parliament rolls , acts of parliament , commissions or patents , they are usually stiled barons or lords , as in the pro●●gue of magna charta h. . &c. . . . charta de foresta , c. . h. . c. . h. . . . dictum de kenelworth h. . e. . the prologue , and c. . e. . c. . e. . the statute of quo warrauto , e. . c. . e. . c. . the prologues to the s●atutes of e. . e. . c. . and the commission therupon , pa● . e. . p. . m. . e. . c. . r. . c. . and other acts. how fearfull christians were to give this t●tle of dominus to the greatest emperors , and how unwilling augustus , and the greatest christian emperors were to receive or make use of i● , unless with the diminution of domnus and dompnus , not dominus , you may read in sir henry spelmans glossary , p. , . it being a title f peculiar to god and christ : & dei no men , as g ter●ulli●●●●liles ●liles it ; whereas now it is usurped by , and given to every upstart of the most ignoble extraction , to bring nobility it self , and the house of lords into contempt . . that it is the inseparable incommunicable prerogative , and supream royal jurisdiction of the kings of england ( underivable to , and inusurpable by any other person or persons ) by their special patents , writs of creation , charters and solemn invchi●ures , to make and create princes of wales , dukes , earls , marquesses , vicounts , lords , barons and peeres of the r●alm , and to give them and their posterities a place , seat , voyce in the parliament and great councils of england , the supreamest judicature and highest court of all others , wherein they * sit as iudges , and all others iudges in the courts of westminster , sit only as their assistants , not as associates or their fellow iudges . this is evident , not only by all writs of summons issued to the lords , but likewise by the express resolution of all the nobles and parliaments of e. . rot . parl. n. . e. . rot . parl. n. . e. . rot . parl. n. . e. . rot . parl. n. . r. . rot . parl. n. , , , . r. . rot . parl. n. . h r. . rot . parl. n. , , , r. . rot . par. n. , , . r. . rot . parl. n. . h. . rot . parl. n. , , . h. . rot . parl. n. . h. . rot . parl. n. . h. . ( the case of iohn earl marshal , ) rot . parl. n. , , . h. . rot . parl. n. . to . h. . rot . parl. n. , , . , e. . rot . parl. n. , , . e. . rot . parl. n. , . e. . rot . parl. n. . by all patents , presidents of creating any princes , dukes , earls , marquesses , vicounts , lords , peers and barons of parliament , collected by mr. iohn selden in his titles of honor , book . chap. , , . mr. william martyn , cam●den , mills his catalogue of honor , b●ook his catalogue of nobility ; augustine vincent his discovery of errours therein , iames york his union of honour , with others who have written of our english peers , & nobility , and sir henry sp●lmas his glossary , title baro , p. , , . & comes , p. , . hence is it , that king henry the . king iohn , henry the . and edw. . in their i great charters , and other wri●ing ▪ usually stile them , ●omites & barones nostri , & mei ; si quis baronum meorum v●l comitvm , or de baronibus meis , or nostris ; and glanvil , l. . c. . l. . c. . huntindon historiarum , l. . the leiger book of ramsay , sect . . pope n●cholas in his epistle to king ed. the confessor , with our lawbooks & k historians usually stile them , barones regis & regii , & barones vestri , barones svi , speaking of the king ; rex de iure baronibus suis ; and hence we read ann. . h. . fitzh . prescription . this custem pleaded in barr of a nuper obiit ; quod si aliquis baro domini regis tenens de rege ob●isset , et non haberet haeredem nisi filias , et primogenita filiae maritatae sunt in vita● patris , dominus re● daret postnatam filiam quae remaneret in haered●tate pa●ris alicui militum suorum , cum tota haereditat● patris sui de qua obiisset seseitus , i● a quod aliae filiae nihil rec●p●rent versus postnatam filiam in v●ta sua : et omnes reges habuerunt hanc dignitatem à conquestu . yea this is such an incommunicable prerog●●ve incident to our kings alone , that neither the emperour himself , nor pope could ever create an english earl , baron or lord of parliament , nor give him any precedency before other lords in england ; of which we have a late memorable president , in ( m ) thomas arundel of wardour , l who being created by the charter of the emperour rodolph the . comes sacri imperii , una cum universa prole atque posteritate legitima mascula et faeminea in infinitum ; both for his eminent service in the wars against the turks and the nobleness of his . family ; yet it was with this special saving in his paten , serenissimae tamen principis et dominae elizabethae reginae angliae , &c. iuribus ac svperiorit atibus semper illaesis et salvis ; yet the queen with the english barons , would not acknowledg him for an earl nor baron in england upon any terms ; the queen resolving ; that she would by no means permit any of her sheep , or subjects , to wear the badge , or follow the whistle of any forein shepherd or prince , but only her own . in the d●bate of which case , it was alleged by the english peers o so●ius principis esse ( & non alte●rius cuiuscunque ) suis subditis dignitates destribuere , juxta illud valeriani imperatoris ; ea sit tantum dignitas , quae nobis jubentibus sustinetur . ejusmodi titulos honorarios nec à subditis accipiendos , nec à principe admittendos . principis enim majestati et subditorum obsequio multum detrahi , si honores ab exteris accipere permittantur ; tacitum enim sidei pactum inter honorantem et honoratum intercedere videri . hujusmodi titulos illecebras esse occultas ad animos subditorum à suis principibus abstrahendos , &c. that reginald mohun ( created earl of somerset by the pope in the reign of henry the . ) was never acknowledged to be an earl by the king and lords ; nor robert curson created a baron of the sacred empire by maximilian the emperor , acknowledged to be a baron in england by king henry the . or his nobles , till he created him a baron himself by his charter , without giving him a voice in parliament , ( as king iames created this thomas arundel such a baron by patent ) ut unbrat●lem baronis et comitis sacri imperii titulum maturè obrueret some say the queen committed arundel for receiving this dignity from the emperor ; * but william mar●yn assures us , that sir nicholas clifford and sir anth : shirley , ( whom the french king for their service in the wars , received into the order of s. michael , ) were laid in prison at their coming home , charged to resign their robes , and see that their names were blotted out of the french commentaries . it is the general received opinion of all p lawyers : civil , canon , common● heraulds , and others who have written of nobility , that none but emperors , or kings , can create dukes , earls , marquesses , lords , barons and peers , and that only within their own dominions : a rege enimeman●● it origo d●g●ita●um temporalium ; a rege et principe prost●u●t ●t derivantur tanquam a fonte , om● es magistratus et dignitates , q●ia in eo sunt omnes dignitatum thesauri recond●i . ad regem solum spect at creare comites & barones ; princeps solus magnas dignitates confer at . non dic●ur vera nobilitas , vel baro ex inf●udation● , nisi ● principe ; as they all unanimously resolve . hence q baldus , and r alciat define a baron to be one , who hath merum , justumqu● imperium in aliquo castro , oppidione concessione principis . in b●h●mia , moravia , ●ilesia , lusatia , and other provinces i●corporated to it ; summam p●test●em obtinet rex , et non solum nobiles , 〈…〉 et barones creat , quemadmodum in silesia ad quatuor primarios baronatus n●mo admittitur nisi vel ab imperatore vel rege bohemiae baro creatus ●verit , writes s nolden : and t dubravius informs as , that one honora , primum inter barones autoritate . caesaris hen●ici ( h. the . ) ad●um procerum gradum proveb batur , quae nunc barones a quercu in bohemia , appellantur . u franciscus capiblancus resolves ; baronum nomine comites ali●sque titularios compraehendi nos dicimus ; nam istud verbum baro , est scala et caput dignitaiv mregalium : and thence he inferrs , dignitas x baronalis cum sit dignitas et caput dignitatum , sp . cificè est tribuenda a principe , cujus est eas conf●●re , cum ab eo fluant et refluant . in france , such feiffs as are at the kings pleasure , and by his license erected into baronies , are the only territories that give the title of a baron : and the lord thereof is stiled a baron per le conge du prince , as * mr. selden proves out of simon marion p●oydey ● who addes , that when a barony came to the king of france by escheat or otherwise , the kings gi●t of the barony by charter , made the patentee a baron , without other rules of creation : after which he proves by the y code of king henry the . that the titles and honours of a duke , marquess , earls and barony , and their prerogat●ve , a solo rege tri●●i possvnt . and in z spain all their great dignitie and titles of nobility are not only originally derived from the king ; but most of them upon every death , are received a again from the king , though not by any charter of new creation , yet by the kings acknowledgement of them , by adding the titular name to the heir , who by his own name only , without the addition of his title , signifies to the king the death of his ancestor . therefore doubtless , none but our kings and queens alone can create earls , lords , or baron● of parliament in england , there being no one presid●nt in an●iquity , nor in any em●ire or kingdom in the world ( that i remember ) to the contrary ; and this i conceive to be most clearly resolved in and by the statu●es ●f h. c. & h. . c. . . that one of the first b●rons created by patent , whose patent is yet ex●ant , wa● i●hn de beauchamp stew●rd of the houshold to king r●chard the . whose patent runs in this form . richardus , &c. sciatis quod pro bonis et gratuitis servitiis quae dilectus et fidelis m●les noster iohannes de beauchamp de holt , senescallus hospitii nostri nobis impendit , ac loco per ipsum tempore coronationis nostrae hucusque impensis , et quem pro nobis tenere poterit in fururum in nostris consiliis & parliamentis , necnon pro nobili et fideli genere unde d●scendi● , et pro suis magnisicis sensu et circumspectione , ipsum iohannem inunum parium a● baronvm regni nostri angliae praefecimus . volentes quod idem iohannes & haeredes masculi de corpore suo exeuntes , statvm baronis svstineant & domini de beauchamp , & barones de kiderminster nuncupentur . in cujus &c. datum octobris . i finde this iohn beauchamp only once mentioned in the list of summons in claus. r. . dors . dated die decembris , within . moneths of his creation ; where he is stiled only iohanni beauchamp de kiderminster , but neither dominus de beauchamp , nor baro de kiderminster : after which in the summons of h. . till e. . one of his posterity was summoned by the stile of iohn beauchamp miles , dominus de beauchamp , without the title of baro de kiderminster , expressed in any of the rolls . for the various significations of the word baro , and the several kinds or degrees of barons , you may at leisure consult bartholomeus cassanaeus , his catalogus gloriae mundi , pars . consid. . calvini lexicon juridicum , tit . baro ; sir henry spelmans glossarium , de baronibus diatribe ; william somners glossarium , tit . baro & baronia , and mr. seldens titles of honour , part . . ch . . sect . , , ch . . sect . , , , , . ch . . sect . , . ch . . sect . , . ch . . sect . . ch . . sect . . ch . . sect . . and the several authors there quoted . . that i finde no president of any person created a baron by special writ , but only one ; whereby henry bromfleet knight and the heir males of his body were created barons of vescy , by this writ entred after the names of the temporal lords in the summons of claus. h. . m. . dorso . i rex dilecto et fidelissimo henrico broms●eet mili●i , salutem . cum , &c. ( ut supra , usque ibi ) tractatum : ( et tum sic ) vobis in fide et ligeantia quibus nobis tenemini , &c. ut supra . ) nullatenus omittatis . volumus enim vos & haeredes vestros masculos de corpore vestro legitimè exeuntes barones de vescey existere . t. ●ege apud westm. vicesimo quarto die januarii ; of a different date from that in the other summons , this special writ and clause of creation had been meerly void and nugatory , had the general writ alone ennobled him and his posteritie , and them lords and barons of parliament . yet notwi●hstanding this special writ creating him baron of vescy ; it is observable , that in all the subsequent writs of summons of , , , , h. . nd , , e . he is alwaies stiled dominus , but never baro de vescy ; in any one list or roll. i find in the cl. rolls of h. . e. . & . . e. . iohn de vescy first , and after him william de vescy summoned amongst other temporal lords . by which it is evident , that there were lords and barons of vescy ( though not so stiled in the rolls ) under these . kings who were summoned to parliaments ; but after the summons of e. . there is no mention of them in any rolls ( the barony escheating for want of issue male , or by attainder , as is probable ) till sir henry bromfleet and his issu● males were created barons thereof , by the premised writ . a sufficient evidence , th●t no general writ of summons created any gentlemen who were summoned to parliaments , barons , unless they held lands by barony and were barons by tenure ; there being no clause or words in the general ordinary writs of summons , creating any persons summoned , earls , lords or barons , or giving them these titles , unless they were earls , lords and barons by patent or tenure before their summons ; the writs fli●ing them onely such as they were when issued to them , and conferring no new dignity or title on them ; as i have ( ) elswhere proved at large . . that the most ordinary writs of summons bo●h to the spiritual and temporal lords , sherifs , and others use only the words magnates , or proceres , magna ibus & proceribus jointly , or one of them alone without the other , to expresse the temporal lords and nobles , without the word barones , or baronibus , which very rarely occur● in any writs , except only in the w●its to the sherifs , c●aus . e. . d. . and the writs of cl. e. . d. . claus. e. . d. . & e. . pars . d. . wherein the word barones is mentioned in some of them , and this clause cum comitibus , baronibus , & caeteris proceribus , or magnatibus regni nostri , used in others of them , upon extraordinary occasions ; bu● in no writs besides to my best remembrance ; which run usually ; cum praelatis et caeteris proceribus , or magnatibus , or proceribus et magnatibus dicti regni tractaturi , vestrumque consilium impensuri ; without the word baronibus . which being not so much as once mentioned in these ordinary ( but only in . or . extraordinary ) writs , it is most evident to all , that the issuing of such writs to any knights , esquires , or gentlemen , to summon them to parliaments , can neither create nor constitute them barons by writ ; because they neither stile them ( nor any of the lords and nobles , ( but those two forementioned ) ●arons , nor use the word baro at all ; but only proceres , or magnates . . it is evident by all these writs , that the antient temporal earls , lords , barons , are most essential necessary constitutive members of our english parliaments and great councils , to which they alwaies were , and ought of right to be summoned ; and that no parliament may or ought to be summoned or held without them , since both the writs to themselves , as likewise to the archbishops , bishops , abbots , priors , sherifs of counties , and particular cities and corporations which are counties within themselves , the wardens of the cinque ports , justices and other assistants , in the bodies and essential parts of them , at least once , twice , or more frequently thus recite ; quia , &c. ordinayimus quoddam parliamentum apud we●●m . &c. cum proceribus , or magnatibus , or magnatibus et proceribus dicti regni nostri tenere , &c. personaliter intersitis nobiscum , et cum caeteris , or cum proceribus , magnatibus , or magnatibus & proceribus , praedictis super dictis nego●iis tractaturi , vestrumque consilium impensuri : which i having more largely evidenced in my plea for the lords , and house of peers , shall here no further insist on . . that sometimes the king summoned some particular bishops and lords to treat with him about publike businesses by writ , much like to a summons to parliament , without summoning other lords , for which take this president in lieu of more . cl. e. . d. . rex venerabili in christo patri eadem gratia bathon . et wellen. episcopo salutem . quia pro diversis arduis negotiis nos et terram vasconiae tangentibus in brevie ad partes franciae , concedente domino , sumus profecturi , ac vobiscum super aliquibus quae nos tangunt ante passagium nostrū ad partes praedictas habere volumus colloquium et tractatum . vobis mandamus in fide et dilectione quibus nobis tenemini firmiter injungentes , quod omnibus aliis praetermissis sitis ad nos apud cant. die jovis prox . ante festum ascensionis domini prox . futur . super praemissis nobiscum tractaturi . et hoc sicut nos et honorem nostrum diligitis et indignationem nostram vitare volueritis nullatenus omittatis . t. rege apud westm. . die maii. consim . breve dirigitur dom. h. wynton episcopo . the like episcopo norwich , waltero de thorp , gilberto de middleton . t. ut supra , to come to the king apud dover , another day . it is most apparent by these respective clauses twice recited in all antient and modern writs of summons to the spiritual & temporal lords , & or times in the writs of prorogation & resummons to them ( hereafter cited section . ) vobiscum & cum caeteris praelatis ( or ) cum praelatis et caeteris magnatibus et proceribus dicti regni habere volumus ( or proponimus ) colloquium & tractatum . vobis mandamus , &c. quod personaliter ad dictos diem & locum intersitis , nobiscum et cum caeteris praelatis , magnatibus et proceribus dicti regni super dictis negotiis tractaturi , vestrumque consilium impensuri : which make not the least mention of their sitting , treating , or consulting with the knights , citizens , burgesses or commons of the realm , or of theirs with the lords . and by the like clauses in the writs of summons to the kings counsil , and in the writs issued to sheriffs for electing knights , citizens and burgesses : the first part whereof recites , quia nos de avisamento et assensu consilii nostr● , &c. quoddam parliamentum nostrum apud w. &c. t●neri ordinavimus , et ibidem cum praelatis , magnatibus & proceribus dicti regni nostri colloquiū●abere et tractatu● ( without mentioning any conference or treaty at all of the commons jointly with the prelats , lords & great men in the parliament ) who by the writ are to be elected , re●urned , summoned , impowred only ; ad faciendum et consentiendum hiis , quae tunc ibidem de communi consilio regni nostri , or praelatorum , magnatum & procerum dicti regni nostri ( divina favente clementia , contigerit ordinari . that the lords and commons nev●r sate and consulted together as one intire house in the parliaments of england , since their first summons to our parliaments , but that the● alwaies sate and consulted asunder one from the other : therfore sir edw. cook his over-confident assertion ( without any real ground of authority or reason ) in his . institutes , p. . certain it is , that at the first both houses ●ate together ; as it appeareth by modus tenendi parliamentum ( which directly avers the contrary , sect. , ▪ , . ) and by e. . n. . other places of the same roll , and in e. . in divers places it appeareth , that the lords and commons sate together ; ( when as both those parliament rolls and others un●er ed. . expresly evidence the contrary , as i have * elsewhere fully evidenced ) must be exploded as apochryphal , and enumerated amongst his other mistakes . that the temporal lords could not impose any tax , aid or subsidy upon the archbishops , bishops , abbots , priors and spiritual lords or clergy without or against their particular grants or assents in convocation , no more than the spiritual lords and clergy could impose any aids or taxes upon the temporal lords and commons ; as i have formerly evidenced ( p. . to . , , , , . ) for further evidence whereof i shall hereunto subjoyn this ensuing memorable writ , casuall● omitted out of the first section , pag. . where it should have been placed . clau● . ●d . . m. . dorso . rex venerabili in christo pa●ri s. eadem gratia archiepiscopo cantuar. totius angliae primati , salutem . a vestra memoria non excidit , ut speramus , qualiter nuper apud el●ham in praesentia vestra et aliorum praelatorum et procerum de regno nostro , quos tunc ibidem pro magnis et arduis nego ●iis nostris fecimus congregari , exposita ●uerunt inter alia , negotia contingentia nos et regem franciae ; et post diligentem tractatum inde habitum , tam vobis quam ipsis videbatur , quod pro pace habenda cum ipso rege , esset omnibus modis et viis quibus po●sumus exhaered●tionis periculo ( obviare ) insistend . et si for●an idē rex vias pacis rationabiles recusar●t , et ad exhaeredationem nostram quoad ducatum praedictum , et alias terras quas habemus subdominio suo , ni●eretur , quod ad defensionem nostram contra ipsū cū dei adjutorio vires nostras opponere deberemu● . e● ad hoc , tam vos , quam c●●●eri praela●i 〈◊〉 magnates , tunc ibidem existen . praebuistis consilium , ●et promisistis opem et auxilium opponere oportunium . et su●er hoc concordatum existi● , quod par●iamentum nostrum apud wynton , ad diem dominicam prox . ante festum sancti gregor●i papae prox . prae eri●um summoneri f●cerimus . verum , quia in eodem p●rliamento expositis negotiis supradictis , habitaque delibera●ione super modo et forma defensionis contra potentiam ipsius regis , si forsan dictas terras nostras invadere voluerit , apponendo petitoque sigillatim a q●●liber prael●to et magnate , cuivsmodi subsidium nobis in eodem even●u facere volebat , ac comitibus et baronibus voluntatem in ea parte nobis benevole exponen●ibus , dicti praelati responderu●● , quod prop●er absentiam vestram eorum responsum tunc facere nequiverunt , sed in convocatione ea de causa facienda taliter facere volebant , quod inde contentari deberemus . nos igitur ad pericula et dampna quae non solum nobis , sed etiam vobis , et toto regno nostro evenire poterunt , si praefatus rex nobis guerram movere voluerit , ut est dictum , nisi de bona et forti resisten●ia provida●u● , ●●bitae considerationis in●uitum di●igentes , attenden●es quoque quod ad hoc non solum ex ligeantiae debi●o , sed etiam pro tantis et tam ine●●imabi ibus evitandis periculis , vos et caeteri praelati ●atu●q●e clerus regni nostri manus apponere tenemini adju●rices ; vobis mandamus rogantes , qua●inus ad diem lunae prox . post sestum sanctorum tiburt●● & valeriani prox futur : convenire fac . omnes praelatos , tam religiosos , quam alios , totumqu● c●erum vestrum cantuar. provinciae coram vobis , eisque dicta negotia et pe●icula imminentia seriosius exponere studeatis . inducentes eos modis et viis quibus expedire vide●i●is , quod tantae necessitatis articulo tale nobis subsidivm faciant , pro tantis periculis evitandis , quod per vestrum et ipsorum subventionem , jura et honorem nostri et totius regni nostri conservare , ipsosque et totum populum nostrum ab hostium inc●rsibus ●ueri , et protegere valeamus domino nobis assistente . mittemus autem ad vos ad ●iem et locum praedictos quosdam de fidelibus nostris , ad praemi sa prosequenda & ●ieri curanda prout eis tunc ex parte nostra injungetur . teste rege apud winton , die marcii . anno regni nostri quarto . . that the lords in p●rliament were the usual * iudges not only in all cr●minal , and civil causes and writs of error , but likewise in all cases of precedency , and controversies conc●rning peers and peerage , as is evident not only by the memor●ble pr●sidents of h. . rot parl. n. . to . h. . rot . parl. n. . e. . rot . par● . n. . in controversies of this nature there recorded ; but by these two presidents of la●er times remembred by mr. cambde● . in the * parliament of eliz. anno . thomas baron de la ware pe●i●ioned the queen to be restored to his anci●nt place and ●eat in parliamen● , whose case was this . his father , william , by judgement of parli●ment in the reign of edward the . for endeavouring to poyson his unkle the lord de la ware , to gain his inheritance and honour ; was disabled to enjoy any inheritance or honour that might descend to him by his unkles death : afterwards in queen maries reign he was condemned of high treason ; and not long after intirely restored , as if he had not been condemned . being disabled by his first sentence to inherit his unkles honor , upon his death , he was by queen elizab●ths special favour and letters patents , created baron de la ware de novo , and sat only as a younger baron then newly created , during his life ; after his death , his son petitioning , to enjoy the place of his ancestors in parliament , the queen referred the business to the lords in parliament ; who finding the judgement against william his father , to be only personal , and not to bind his children , and that the judgement given against him under queen mary , was no obstacle , both because he could not lose that dignity and honor by it , which then he had not ( his unkle being then alive ) and because he was soon after intirely restored ; and for that the an●ient dignity and barony was not extinct by his new creation , but only suspended during his life , being not vested in him at the time of his late creation ; the lords thereupon , locum ●i avitum adjudicaverunt inter barones willoughbeium de eresby , & berkleium , in quo ritè locatur . in the same parliament , it was resolved by the lords in the case of thomas howard baron of walden , knight of the g●rter ; who being sick and unable to come to the house himself , baron scroop , as his proxy , was brought into the lords house in his parliamentary robes between two barons , the chief king of arms going before him ; where presenting his patent and creation , when the lord keeper of the great seal had read it , he was placed below all the rest of the barons , though he were the younger son of a duke , whose sons by an order of parliament made in the . year of king henry the . ought to take place of all viscounts , and other barons , which the lords then resolved , to be intended out of p●rliament , but they ought to sit in the parliament house only according to the time of their being created barons ; as mr. cambden relates out of the lords i●urnal . . that the prelates , earls , barons and great men of the realm , * are the proper iudges of all causes and controversies there deba●ed between the king and his people , and are all bound by oath , as well as the king , to observe , defend and maintain the rights of the realm and crown of england ; and that more especially by their oath of fealty and homage , whereby they were tied to the king , and charged to appear when summoned in the writs of summons , as you may read more at large * before , in spelmans glossarium , tit. fidelitas , homagium , & ligeantia , and in * mat. paris , who records , a● . . that k. iohn caepit homagia de omnibus hominibus liberè tenentibus et etiam duodecim annorum pueris , quos omnes post fidelit atem factam in osculum pacis recepit ac dem●sit . et wallenses ( quod anteactis temporibus fu●ra● inauditum ) venientes ad regem homagia fecerunt ibidem , licet tam divitibus , quam pauperibus esset o●erosum . then passing into ireland with a great army , there came to dublin to meet him , plus quàm viginti reguli illius regionis , qui omnes timore maximo perter● iti homagium illi et fidelitatem fecerunt , as the * highest obligation of their future loyalty , fidelity and subjection to him . upon which account , homage is frequently stiled homagium ligeum , ligeantia & ligan●ia , by bracton , l. . c. . f. . glanvil , l. . c. . guliclmus neubrigensis , hist. l. . c. . chron. iohannis bromton , col . . fleta , l. . c. . britton , ch , . de homages , custumar . vetus normanniae , c. . cooks rep. calvins case , f. . . instit. f. . a. hornes myrrour des iustices , ch . , , , . spelmans glossarium , homagium & ligeantia ; because i● most strictly unites and binds the king and his subjects together , hunc , ad protection●m & justum regimen ; illos , ad reverentiam , tributa et d●bitam subjectionem , ●t obed●●ntiam , as they resolve ; whereupon the lords are enjoyned in their writs of summons person●lly to appear in parliaments and great councils , in fide & homagio quibus nobis tenemini , as i formerly observed . . that the n●mbers of earls , barons , temporal lords and great men summo●ed to our parliaments and great councils , andentred after the eodem modo , and consimiles literae in the rolls and li●ts of summons are oft times very various and different ; there being many more of them summoned to some parliaments and great council● than to others , as you may easily discern by comparing their numbers , which i have here presented you with in the grosse after every writ ; the prince of wales himself , the duke of lancaster , and other dukes , and earls , as well as inferior lords , barons and great men , being left out of some lists of summons , one , two , or three parliaments and great councils together , or more ; and then inserted again into others ; the true reasons whereof i apprehend to be these ensuing . . their absence in forein parts or els●where in the warrs , or ●pon other special services of the king ; in which cases no wr●ts of summons issued to them ; and if their names were entred in the lists of the summons , they were usually cancelled or rased out of them ; witness the * forecited entrys , in the lists o● claus. e. . pars . dors . . and claus. e. . pars . dors . . ly . their abode * beyond the seas upon their own particular occasions , both which causes frequently happened during the wars with france , scotland , and ireland ; and whiles our kings and nobles had any lands and possessions in france , aquitain , normandy , anjow , picardy , and other parts beyond the seas . many of the earls , lords , barons , great men , and our kings themselves being oft times by reason of warrs , treaties , embassies , and defence of their inheritances , absent in forein parts , when parliaments were summoned and held in england by the custos regni , or commissioners ; at which times i generally finde there were fewer earls , barons and noblemen summoned to our parliaments and great councils , than in times of peace , or when our kings were personally present in england , most of the earls and temporal lords attending on them in person in their w●rrs and voyages into forein parts , as on ed. h. , & . ly . the civil wars hapning now and then between the king , lords and barons : upon which occasion some of the temporal lords whiles in open hostility and rebellion against the king , were now and then ( as i conjecture ) left out of the lists of summons , because they could not be conveniently summoned , or would not appear upon any summons if sent them . ly . the attainders , or outlawries of some earls , lords and barons of high treason for their wars , insurrections , rebellions , or other treasons against the king ; which disabled themselves and their posterities to be summoned to parliaments , till pardoned ▪ or restored by the king to thei● honours , bloud , lordships , baronies and l●nds . ly . the alie●ation of some baronies by te●ure , by sales , gifts , marriages , escheats , or otherwise from one person , name , family to another , whereby the former barons only by tenure , were no more summoned after such alienations , but the new tenants who purchased or possessed them . ly . the deceases of some earls , lords and barons without heirs males of their bodies , or the infancy or nonage of their heirs males at the time of their death● , who usually had no writs of summons till their * full age ; though the prince of wales , and kings own sons were sometimes summoned to parliaments during their minority , as will appear by comparing the dates of their wri●s with the time of their births mentioned in our historians , but few nobles else were summoned during their minority , for ought appears , * minors being unfi● to be senators , counse●lors , judges in the supremest council ▪ judica●ure of the realm , as i have * elsewhere proved . ly . our kings liberty and prerogative ; who though obliged by the an●ient laws and customs of the realm , the con●●i●utions of clarindon , the great charter of king iohn , ( * ad habendum commune consilium regni a● auxiliis assidendis et de scutagiis assidendis , 〈◊〉 faciemus archiepiscopos , episcopos , abbates , comites & maiores barones regni singillatim per liter as nostras , &c. ) & ex debito iustitiae ( as * sir edward cook informs us , ) to summon every one of the temporal lords by descent or creation being of full age , by writs to our parliaments when held ; yet they have likewise a freedom and prerogative to create new earls , lords , barons by special writs or patents , or to summon what particular gentlemen and others of parts and abilities they please to their parliaments and great councils , to counsel and advise them , as the exigency of their affairs shall require , and they and their counsel shall think necessary , pro hac vice tantum , or so oft as they deem necessary , without creating them earls , lords , or barons for life or inheritance , by their general writs of summons , as i have * elswhere evidenced . . that the eodem mod● mandatum est , &c. and consimiles literae diriguntur subscriptis , in the clause rolls , are for the most part general , without defining the degrees and qualities of the persons underwritten , except dukes and earls ( specified by their titles ) but few else besides them . and sometimes special : as eodem modo mandatum est comitibus et baronibus subscriptis , * consimile mandatum habent singuli comites , barones , & milites subscripti . consimiles literae diriguntur comi●●bus , baronibus & militibus subsriptis . so as it is a difficult matter certainly to define by the large list of names , which of them were real lords and barons of parliament , and which not , except those only who were usually summoned and listed in the rolls amongst the lords and barons , and their posterity after them ; or such who are expresly stiled either barons or lords in the writs or lists of names , of which i shall give you one instance . in the summons of claus. e. . m. . dorso . in the eod●● modo mandatum est comitibus et baronibus subscriptis , there is this list of names , with a particular distinction made of their degrees in the margin ; declaring all in that catalogue , to be earls and barons ; and in no roll else upon my best observation . guidoni de bello campo comiti warr. adamaro de valen● . comiti pembr . h●mfrido de bohun . comiti heref. & essex . iohanni de warenna comiti surr . edmundo comiti arundel . roberto de veer comiti oxon. hugoni de veer hugoni le dispenser iohanni de hastings . ioh. de gifford de brimesfeld willo martyn iohanni de ferrar. willo . de mareschall . roberto de clifford . iohanni de somery . roberto fil. pagan● . iohanni botetourte . roberto fil . walteri . pagano tybetot . bartho . de badles●ere . iohanni de segrave : pho. de ky●e . edmundo deincourt . iohanni de grey . rico. de grey . iohanni la ware. willo . de echingham . thomae de furnivall . iohanni de clavering . peero corbet . rado . basset de draiton . iohanni dengaine ( engayne ) fulconi lestrange . willo . le latymer . fulconi fil . warrini . roberto de ufford . iohanni de bello campo de somerset . hugoni de courtenay . rado . de gorges . henr. de lancastr . mauricio de berkele . thomae bardolfe roberto de monte alt● . iohanni de moh●● . an exact alphabetical and chronological table of all dukes , earls , marquesses , princes of wales , and forein kings summoned to the great councils and parliaments of england , from h. . to e. . with the numbers of the parliaments , years , and dorses of the clause rolls of each king ( when there were two or more parliaments in one year ) to which they were summoned , or resummoned by writs of prorogation ; p. in the parenthe●is signifying the part , d. the dorse , and the next figures , the membranaes of the dorse or dorses wherein they are recorded . the other dorses you may find in the forecited writs . a albemariae , thomas duke of albemarl , or aumarle ( uncle to k. r. d . ) summoned to parl. r. . edward duke thereof , , , r. . & h. . thomas duke of clarence , earl of albemarle , so stiled in his summons , , , , h. . a●●gos , angos , danego● , or anguish , gilbert de vmfravil , earl thereof summoned to parl. an. ( d. . ) , ( d. , . ) ( d. . . ) , ( d. . . ) , ● , ● , ed. . ( d. . . ) ed. . robert de 〈◊〉 earl thereof summoned , , . , ( d. . . ) ● , , ( d. . . ) , , , . ( d. . , . ▪ ) ● . . gilb●●t de umfr●vil , ( d. , , . . ) , , . ( d . . ) , ( d. , . ) , , ( d. . . ) , ( d. , . ) . , ( d. , ) , ▪ , , , ( d. ● , . 〈◊〉 . ) , , , , , , , ( d. , . ) ● , ( d. . . ) , , , ( d. . . ) , , , , , , , , , , ( d. , . ) e. . , ( d. . ) , ( d. , . ) , ( d. , . ) . ( d. ) r. . all these , umfravils , though the title of their earldom was scotish , were all originally english barons of prodhow & kime in lancashire , and summoned to parliament as barons , though listed amongst the earls , by reason of their scotish dignity ; as you may read at large in augustin vinc●n●s discovery of errors in mr. brook his catalogue of nob●lity , p. , , . mr. cambden , scotland , p. . and here p. . which will rectifie the mistake in brooks abridgement , title parliament , . the last of them dying without heirs males in r. . they ceased to be summoned . aquitain , ioh● duke there●f , and of lancaster , sum●moned by that title , cl. , , , , r. . see lancaster . arundel , rich. fitz ▪ alan . earle thereof summoned , ( d. . ) , ( d. . ) , ( d. , , ) , ( d. , . ) e. . edmund earl of arundel summoned , e. . , ( d. , , , . ) , ( d. , , , ) , ( d. , . ) , , ( d. , , . ) , ( d , ● . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. , . ) , ( d. , . ) , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , , , , . ) , ( d. . ) e. . richard e , . ( d. , . pars . ( d. . ) , ( d. , , , . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. , . ) , ( p. . d. . . p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) . ( p. . d. . p. . d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) . ( d. . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. ( d. . , ) , ( d. . ) , ( d. . ) , ( d. ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , , . ) ( d. . ) , ( d. . ) ed. . , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , . ) , , , , ( d. , . ) , , , , , , , r. . ●homas , , , , , ( p. . d. . p. . d. . ● , , , , , h. . , , h. . iohn h. . richard , . h. . william summoned , , , , , , , , , , h. . , , , , & e. . athol . a. writ , iohanni comiti athol . custodi●terrae regis scotiae ultra mare , to summon others in scotland , ( d. ● . ) e . david de strabolgi earl of athol , summoned to parliaments , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , , . ) ( d. . ) e. . , ( d. , , . ) , ( p. . d. . . p. . d. . ) , ( d. . , . . ) , ( p. . d. . ) , ( d. . ) e. . david , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) ed. . these davids de strabol●● , were barons of mitford in england , though the title of their earldom was scotish , and summoned thus to parliaments in respect of this english barony , though listed amongst the earls , as you may read in mr. brook his catalogue of nobility , and augustin vincent his discovery of the errors therein , p. , , . to whom i refer you , both for their pedigre and death , without heirs males . b bedford , ingeram de cou●y earl thereof summoned to parl. e. . d , . iohn duke of bedford summoned , , , , , h. . , , h. . boughan ( in scotland ) henry de bellomon●e , ( beaumont ) earl thereof summoned , , ( p. . d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. , . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . . ) ( p. . d. . ) e. . see vincent , p. . buckingham , thomas de wodestoke earl thereof , and constable of england summoned , , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. ) r. . humfrey duke thereof summoned , , , , , . , , h. . henry duke thereof summoned , & ( d. . ) e. . c cambridge ( cantabrigiae ) edmund ( son to king edward . ) earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , . ) , ( p. . d. , ) e. . , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. , . ) , ( d. . ) r. . richard earl thereof summoned , ( d. , ) h. . cantiae . see kent . cestriae ( chester ) edward p●ince of wales , ( eldest son of k. ● . . ) earl of chester , and so stiled in the writs of summons , ( d. . . ) e. . ( edward eldest son of k. e. . prince of w●les , earl thereof summoned , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , , , . ) e. . edward son of edward . prince of wales , , ( p. . d. . ) , ( d. . ) , ( d. . ) ( d. . ) e. . richard prince of wales , ( p. . d. . ) e. . see prince of wales . clarence , thomas duke thereof summoned , . ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . h. . ) george duke thereof summouned , h. . ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . edmun●●arl ●arl thereof summoned , , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . , . ) , ( d. . ) ● . . p●ter de gaveston , earl thereof summoned , , ( d. . . ) , ( d. , . ) e. . iohn de eltham ● the kings brother ) earl thereof summoned , ( d. ● , , . ) , ( p. . d. . . p. . d. . ) , ( d. , , , . ) ▪ ( p. . d. . ) , ( d. . ) , ( d. , . ) e. . edward prince of wales , duke of co●nwall summoned , , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) ( d. . ) e. . richard prince of wales , and duke of cornwall summoned , ( p. . d. . ) 〈…〉 . see prince of wales . d derby , the earl thereof summoned , ( d. . ) d. . henry de lancaster , earl thereof summoned , , ( p. . d. . , p. . d. , . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) ( p. . d. . ) e. . henry de lancaster , earl thereof summoned , , ( d. , ) , ( d. . ) . ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) . ( d. . ) , ( d. . ) ( d. ● . ) , ( d. . ) , ( p. . d. . ) ● , ( p. . d. . ) r. . devon. hugh de countenay earl thereof summoned , ( d. , . ) , ( d. , . ) , ( p. . d. . . p. . d. , ) , ( p. . d. . . ) , ( p. . d. , . ) , p. . d . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. , d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . p. . d. , . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d , . ) , ( d. . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. , . ) , ( d. ) , ( d. . ) , ( d. . ) ● . ( d. . ) , ( d. . ) , ( d. . ) , ( d. ▪ , . ) , ( d. . ) , ( d. . . ) ( p. . d. . ) ● . . edward de courteney , earl of devon. summoned , , ( d. , . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) ( d. . ) r. . , ( d. . ) , ( p. . d. . ) ▪ ( d. . ) ▪ ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ● . ) ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ( d. . ) h. . hugh courten●y earl thereof summoned , , ( d. . ) ( d. . ) h. . thomas earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) ( d. . ) h. . henry earl thereof summoned , ▪ ( d. . ) h. . dorset , iohn beauford , created marquess dorset , summoned by this ti●le , , ( p. . d. . ) ( d. . ) r. . ( d. . ) h. . thomas beauford earl thereof summoned , ( d. . ) , ( d. , . ) h. . edward earl thereof summoned , , ( d. . ) made marq●ess dorset , and thus summoned , ( d. . ) h. . thomas marquess dorset summoned , , & ( d. . ) e. . dublin , iohn de vere marquess thereof summoned , . ( d. . ) r. . e ebor . see york . essex , humfry and iohn bohun , successively earls of hereford and essex summoned . see hereford , henry earl of essex summoned , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) & ( d. . ) e. . ewe in normandy , henry bourgchier , earl thereof summoned , ( d. . ) h. . see brook and vincent p. . &c. in e. we. exeter , iohn holland duke thereof summoned , , ( p. . d. . ) ( d. . ) r. . , ( d. . ) ( d. ● . ) h. . thomas duke of exeter summoned , , ( d. . ) h. , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . henry duke thereof summoned , , ( d. . ) , ( d ▪ . ) , ( d. . ) , ( d. . ) h. . g gloucester , gilb , de clare , comes gloucestr . & hert●ord , summoned , ( d. . ) e. . radulphus de monte hermerii , comes gloucestriae , summoned , , ( d. , . ) , ( d. , . ) , ( d. , . ) , ( d. . ) , ( d. . ) ( d. . ) e. . gilbert de clare com. gloucestr . & heref. summoned , . ( d. , . ) , ( d. . , . ) , ( d. , . ) , ( d . ) , ( d. , , . ) , ( d. , . ) , ( d. . ) e. . hugo de audele , audeley , comes gloucest●iae , summoned , , ( p. . d. , . p. . d. . ) , ( p. . d , . ) , ( d. . d. . ) , ( p. . d. ● , . ) , ( p. . d. . ) , ( p , . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) e. . thomas dux gloucestriae , the kings uncle , summoned , , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) r. . thomas de le spencer , com●s gloucestr . summoned , , ( p. . d. . ) ( d. . ) r. . ( d. . ) h. . humfrey dux gloucestriae , summoned , , ( d. . ) , ( d. ) ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ( d. . ) h. . richard dux gloucestriae , summoned , , ( d. . ) . ( d. . ) , & ( d. . ) e. . h hereford , humfry de bohun . earl of hereford , and essex su●moned , , ( d. , . ) , ( d. . ) , ( d. . ) 〈◊〉 ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. ● ▪ . ) ● d. . ) e. . , ( d. , , ● . ) , ( d. 〈◊〉 , , . ) , ( d. , . ) , ( d. . ) , ( d. ● , . ) , ( d. , ● . ) , ( d. , . ) , ( d. ● , . ) ( d. . ) , ( d. , , . ) ● , ( d. , ● . ) , ( d. . ) ( d. , . ) e. . john de boh●n . earl o● hereford and essex , summoned , , ( d. ) e. , ● ( p. . d. , . ) , ( d. , , . ) , ( d. , , . ) , ( p. . d. , . p. . d. . ) , ( d. , , , ● . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) e. . humfry de bohun . earl of hereford and essex , and of hereford and northampton , , ( d. . . ) , ( p. . d. , . p. . d. , . ) , ( p. . d. . ) , ( p. , d. . ) , ( p. . ) . , ( p. . d. . p. . d. . ) , ( p. . d. . p. . d. , . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . hertford , earls thereof . see gloucester . huntingdon , william de ●lyn●on , earl thereof summoned , . ( p. . d. , . ) , ( p. . d. . ) , ( p. . d. , . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. , ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d . p. . d. , . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) . ( d. . ) , ( d. . ) e. . guiscard de angle , or d'angle earl thereof summoned , , ( d. . ) , ( d. , . ) , ( d. . ) r. . iohn de holland . earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) r. . iohn de holland , earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . william , earl thereof summoned , , & ( d. . ) e. . i ireland , robert de vere , duke of ireland summoned , ; ( d. . ) r. . k karliol andrew de harcla , earl thereof ; summoned , ( d. . . ) e. . kendal , iohn duke of bedford , earl thereof summoned , , ( d. ) h. . kent , ( cantiae . ) edmond ( the kings brother , ) earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . ) . ( d. ) e. . ( the kings uncle ) . ( p . ● . ● . ) . ( d. . . . ) . ( d. . e. . john earl thereof summoned ▪ . ( p. . d. . ) . ( p. . d. . ) . ( d. . ) e. . thomas earl thereof summoned . . ( d. . ) e. . thomas de holland earl thereof ( brother to the king ) summoned , . ( d. . ) , ( d. . ) . ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ● . ) ▪ ( p. . d. . ) , ( p. . d. . ) ( r. . edward , earl thereof summoned , , ( d. . ) , ( d. . ) h. . edward earl of kent summoned , , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. ) , and , ( d. . ) e. . king of castil , leon and arragon ( iohn duke of lancaster : ) see lancaster . king of scots , edward de balliolo , king thereof summoned , , ( p. . d. . ) ( p. . d. . e . l lancaster , edmund earl thereof ( the kings brother ) summoned , , ( d. . ) e : . thomas , earl thereof summoned : , ( d. . . ) , ( d. . . ) , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) ed. ● . , ( d. . . . ) , ( d. . . . ) , ( d. . . ) . ( d. . ) , ( d. . . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) ed. . henry de lancastria , earl thereof summoned , , ( d. . . . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . . ) , ( p. . d. ● ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) . ( p. . d. . p. . d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) ed. . henry created duke of lancaster summoned , , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) e : . iohn , earl thereof summoned , , ( d. . ) e. . made duke of lancaster , and so summoned ) , ( d. . ) , ( d. . ) ▪ ( d. . ) ▪ ( d. . ) , ( d. . ) king of castel , legion , and duke of lancaster , summoned by all these titles . ) , ( d. . . ) , ( d. . . ) , ( p : . d. . ) e. . ( the kings uncle ) , ( d : . ) , ( d : . . ) ▪ ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) r. . iohn , duke of aquitain and lancaster summoned , , ( d. . ) , ( d. . ) , ( d : . ) , ( p : . d : . ) , ( p : . d : . ) r. . henry , duke thereof summoned , , ( d : . ) r. . , ( d : . ) h : . leicester ; the earl thereof summoned , , ( d. . ) h. . lincoln ; henry de lacy , earl thereof summoned , , ( d. . ) , ( d : . . . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d. . ) , ( d. . ) ed : . , ( d : . . . ) , ( d. . . . ) , ( d. . . ) ed. . m march : roger de mortuomari ( mortimer ) earl thereof summoned , , ( d : . . ) e : , roger de mortuomari ( summoned , , ( d : . . ) , ( d : . . ) e ▪ . edmund de mortuomari , earl thereof summoned , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( p. . d. . ) e : . , ( d : . ) , ( d : . ) , ( d. . ) r : . edward , earl of march , summoned , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) h. . , ( d : . ) , ( d : . ) h : : marshal , marescallus , iohn , earl marshal summoned , , ( d : . ) , ( d. . ) , ( d. . ) , ( d. ) h. . thomas , earl marshal , , ( d. ) , ( d. . ) h. . iohn , earl marshal , , ( d : . ) h : . see norfolk & nortingham mountacute , iohn marquess thereof , , ( d. . ) h. . n norfolk : com. norf. & marescal . angliae summoned , ( d : . ) h. . roger de big●d , comes norfolk , & marescallus angliae , summoned , , ( d. . . ) , ( d. . ) , ( d : . . ) , ( d : . . . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) e. . thomas de brotherton com. norfolk , & marescallus angliae , summoned , , ( d : . . ) , ( d : . . ) , ( d. . . ) , ( d. . ) , ( d : . . . ) , ( d : . ) , ( d : . ) , ( d : ▪ ) , ( d : ) , ( d. . ) , ( d. . ) , ( d : . . . . ) , ( d : . ) , ( d : . ) e. . , ( p : . d : . . ) , ( d. . . . ) ● ( d : . . . ) ● ( p : . d : . . p : . d : . ) , ( d. . . . . ) , ( p. . d. . ) . ( d. . ) , ( d. . . ) , ( d. . . ) , ( p : . d : . . ) , ( p : . d : . ) e : . thomas duke of norfolk summoned , , ( p. . d : . ) r. . iohn duke of norfolk summoned , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) h : , iohn ( his son ) duke of norf. summoned , , ( d : . ) , ( d : . ) , ( d. . ) , ( d. ) , ( d : . ) , ( d : . ) , ( d. . ) . ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , d. . ) h : . , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) e : . northampton , william de bohum earl thereof summoned , , ( p. . d. . p. . d. . ) , ( p. . d. . . ) , ( p : . d : . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) e. . humphrey de bohun , earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . ) e. , see hereford , iohn newel earl thereof summoned , , ( d. . ) e. . northumberland , henry de percy , earl thereof summoned , , ( d. . ) ▪ ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ● ( d. . ) , ( d : . . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . . ) . ( d. . ) , ( d. . ) ● , ( d. . ) , ( d. . ) , ( d : . ) , ( d. ) , ( d : . ) , ( p : ▪ d : ▪ ) , ( p : ● d. . ) , ( d : . ) r : . , ( d. ) , ( p : . d : ) , ( d : . ) , ( p : . d : . p : . d : . ) h. . henry percy ( earl thereof ) summoned , , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) h : . , ( d : . ) , ( d : . ) , ( d : ) ▪ ( d : . ) , ( d. , ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. ) h. . iohn , earl thereof summoned , , ( d. . ) , ( d : . ) e : . henry , earl thereof summoned , , ( d : . ) . & , ( d. . ) e : . nottingham , iohn de mowbray , earl thereof summoned , , ( d. . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) r. . thomas de mowbray , earl thereof summoned , , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) marescallus angliae , , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( p. . d : . ) , ( p. . d : . ) o oxford ; oxon , the earl thereof summoned , , ( d : . ) h. . robert de veer , earl thereof summoned ; , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( d. . . ) , ( d : . ) , ( d. . ) , ( d : . ) e : . , ( d : . . ) , ( d : , ) , ( d : . . ) , ( d : . ) , ( d : . . . ) , ( d : . . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . . ) , ( d : , . ) , ( d : . . ) , ( d : . ) , ( d : . . . . ) , ( d : . ) , ( d : 〈◊〉 . ) e : . , ( p : . d : . . ) , ( d : . . . ) , ( . . . ) , ( p. . d. . ) e. . iohn de veer , earl thereof summoned , , ( p. . d : . p. . d : . ) , ( d : . . . . ) , ( p : . d : . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( p. . d : , . p : . d : . . ) , ( p : . d : . ) , ( p : . d : . . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . , ( p : . d : . p : . d : . ) , ( p : . d : . p : . d : . . ) , ( p. . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( d , ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) e : . thomas de veer , earl thereof summoned , , ( d. . ) , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : ) , ( d : . ) ed. . robert de veer , earl thereof summoned , , ( d : . ) , ( d : . ) , ( d : . ) marquess of dublin , , ( d : . ) duke of ireland , , ( d : . ) r. . albric , or albert earl of oxon summoned , , ( d : . ) , ( d. . ) , ( p : . d : . ) , ( p : . d : . ) , ( d : . ) r : . ● ( d : . ) h. . richard , earl thereof summoned , , , ( d : . ) ▪ ( d : . ) h : . , ( d : . . ) , ( d : . ) , ( d. . ) , ( d. . h. ● . iohn de veer , earl thereof summoned , , ( d : . ) , ( d : . ) , ( d : , ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) . ( d : . ) ( d : . ) , ( d : , ) , ( d : . ) , ( d : . ) , ( d : . ) h : . , ( d. . ) , ( d : . ) , ( d : . ) e. . p pembroc , william de valencia , earl thereof summoned , , ( d. . . ) e : . adamarus de valencia , earl thereof summoned , , ( d : . . ) e : . , ( d : . . ) , ( d : . . ) , ( d : . . ) , ( d. . . ) , ( d : . . ) , ( d : , . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e : . laurence hastings , earl thereof summoned , , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d : . ) p. . d. . , ( p. . d. . ) e. . iohn de hastings , earl thereof summoned , , ( d. . ) h. . humphrey du. of glocest●r earl thereof summoned , , h. . d. . iasper 〈◊〉 thereof summoned , , ( d. . ) , ( d. ) , ( d. . ) h. . r richmond . iohn de britannia , earl thereof summoned , , ( d. . ) e : . , ( d : . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d . . ) , ( d. . ) , ( d. . . , ) , ( d. . . ) , ( d. . ) , ( d : . . ) e. . , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) . . ) . ( p. . d. . ) , ( d. . ) , ( d. . . ) e. . iohn , earl of lanc. and richmond summoned , , ( d. ) , ( d. . ) e. . iohn duke of brittain , earl thereof summoned , . ( d. . . ) r. . edmond , earl thereof summoned , . ( d. . ) h. . rivers , richard , earl thereof summoned , , ( d. . ) e : . autony earl thereof summoned , , ( d. . ) , & . ( d. . ) e. . rotland , edward , earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. ) r. . , ( d. ) , ( p. . d. . ) h. . s sarum , salisbury , william de monteacute ( monteacute ) earl thereof summoned , , ( p. . d. . ) , ( p . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. ● . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) . ( d. . ) , ( d. . ) , ( p. . d. . ) r. . iohn de monteacut● , earl thereof summoned , , ( p. . d : . ) , ( d. . ) r. . , ( d. . ● . ) h. . ●homas earl thereof summoned , , ( d. . . ) , ( 〈◊〉 . ) , ( d. ● . ) , ( d. . ) h. . , ( d. . ) h. . richard earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) com. warwic . & sa●●m . , ( d. . ) h. . , ( d. . ) , ( d. . ) e. . salop. shrewsbury , iohn , earl thereof summoned , , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . somerset , iohn beauford , earl thereof summoned , , ( p. . d. . ) , ( d : . ) , ( d. . p. . d. . ) , ( d : . ) , ( d. . ) , ( d. ) h. . edward duke of somerset , , ( d. . ) , ( d. . ) h. . stafford , ralph , earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . . ) , ( d , . . ) , ( d . ) , ( d : . ) , ( d. . ) ▪ ( d : ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . hugh , earl thereof summoned , , ( d. . ) , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) r. . thomas , earl thereof summoned , , ( d. . ) r. . edward , earl thereof summoned , , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) h. . humphrey , earl thereof summoned , , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . suffolk , robert d● ufford , earl thereof summoned , , ( p. . d. . . p. . d. . ) , ( p. ● d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d , . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ▪ ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . william de ufford earl thereof summoned , , ( d. : ) , ( d. . ) , ( d : . ) , ( p. . d : . ) e. . , ( d : . ) , ( d. . . ) ▪ ( d. . ) r. . michael de la pool , earl thereof summoned , , ( d : . ) , ( d. . ) , ( d. . ) r : . , ( d : . ) , ( p. . d. . ) , ( d. . ) , ( p : . d : . p : . d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) h. . , ( d : . . ) , ( d : . ) h. . william de la pool , earl thereof summoned , , ( d : , ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) made and summoned as marquess of suffolk , , ( d. . ) , ( d. . ) summoned , as duke of suffolk , , ( d : . ) , ( d. . ) h. . iohn , duke thereof summoned , , ( d : . ) h. . , ( d : . ) , ( d : . ) , ( d : . ) , & , ( d : . ) e. . surrey , iohn de warrenna , earl thereof summoned , , ( d : . ) , ( d : . . . ) , ( d : . ) , ( d : . . ) , ( d : . ) e. . , ( d : . . . ) , ( d : . . . ) , ( d : . . ) , ( d : . . . ) , ( d : . . ) , ( d : , . ) , ( d : . . ) , ( d : . ) , ( d : . . . ) , ( d. . . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . . . ) , ( d : . ) e. . , ( p. . d : . . ) , ( d : . . . . ) , ( d : . . . ) , ( d : . . ) , ( d : . . . . ) , ( p : . d : . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( p : . d : . . p : . d : . . ) , ( p : . d : . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) , ( p. , d. . ) , ( p. . d. . ) , ( p. . d. . ) e. . thomas holland , duke of surry , summoned , , ( p. . d. . ) . ( d. . ) r. . , ( d. . ) h. . v ul●on , li●●●l ( the kings son ) earl thereof summoned , , ( d. . ) e. . sent into ireland with an army , , e. . d. . . e. . d. . w wales . edward ( eldest son of ed. . ) prince of wales , &c. summoned , , ( d , . . ) , ( d. . ) ▪ ( d. . . ) , ( d. . ) e. . edward ( eldest son of ed. . ) prince of wales , &c. ) summoned , , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) . ( d. . ) , ( d. . . ) , ( d. . ) e. . richard , ` prince of wales ( stiled the kings son , though his grandchild onely ) summoned , , ( p. . d. . ) e. . henry prince of wales , &c. summoned , ( p. . d. . ) . ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , , ( d. . ) , ( d. . ) , ( d. . ) h. . edward ( eldest son of e. . ) prince of wales summoned , , & . ( d. . ) e. . warenne , iohn , earl thereof summoned , , ( d. . ) , ( d. . ) e. . warwick ; william de bello-campo ( beauchamp , earl thereof summoned , , ( d. . . ) , ( d. . ) , ( d. . e. . guido de bello campo , earl thereof summoned , , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. ▪ ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . e. . thomas de bello-campo , earl thereof summoned , , ( d. . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . , ( p. . d. . ) ● , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( p. . d. . ) e. . . ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) . ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . , ( d. . ) , ( d. . ) , ( d . ) , ( d. . ) , ( p. d. . ) ▪ ( d. . ) r. . , ( d. . ) , ( p. . d. . ) h. . richard , earl thereof summoned ▪ , ( p. . d. . p ▪ . d. . ) , , ( d. . ) , ( d. ● . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. , ) , ( d. . ) , ( d , . ) , ( d. . ) h. . , ( d. . ) , ( d. , ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . westmerland , ralf de nevil , earl thereof summoned , , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , p. . d. . ) , ( d. . ) , ( p. , . p. . d. . ) , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) ● ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . . ( d. ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. , ) , ( . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d , . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , & , ( d. . ) e. . wigorne , worcester , thomas de percy , earl thereof summoned , , ( d. . ) r. . ) , ( d. . ) , ( p. . d. . ) , ( d. . ) richard , earl thereof summoned , , ( d. . ) h. . iohn , earl thereof summoned , , ( d. . ) . ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) e. . edward tibetot , earl thereof summoned , , ( d. . ) e. . wilts , wiltshire , wiltes , iames , earl thereof summoned , . ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . iohn , earl thereof summoned , , ( d. . ) e. . winton , winchester , hugh le dispencer , earl thereof summoned , , ( d. . ) , ( d. . ) , ( d. . . . . ) , ( d. . ) e. . y york , edmond , duke thereof summoned , , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) , ( d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) h. . edward , duke thereof summoned , , ( d. ● . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) h. . richard duke thereof summoned , , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) h. . an exact alphabetical and chronological table of all the temporal lords , ba●ons , viscounts and great men summoned to parliaments and great councils in england , from . h. . till . e. . with the years , dorses of the clause rolls in each kings reign , and numbers of the parliaments to which they were summoned ; p. in the parenthesis , signifying the part of the clause roll of the year next before it , d. the dorse , and the figures following it the membrances and dorses wherein they are registred . a gllbert de acton summond , , ( p. . d. . ) e. . william de acton , , ( d. . ) e. . iohn ab adam , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) . ( d. . ) , ( d , . ) e. . , ( d. . ) , ( d. . . . ) , ( d. . . ) e. . elias de albiniac● , , ( d. . . ) , ( d. . ) , ( d. . ) e. . richard de aldeburgh , summoned , , ( d. . ) e. . william de aldeburge , aldeburgh , , ( d. . ) chival●r , , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ald●thleg● , ald●thleg , ● see andeley . almaric de sancto amando ( st. amand ) summoned , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. , . . ) , ( d. . . ) , ( d. . ) e : . iohn de sancto amando , summoned , , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. , ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) e. . almari● de sancto amando , , ( d. . ) , ( d. . . . ) , ( d. . ) ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , ( p. . d. ) , ( d. . ) h. . aabert de arcedekne ( archedeacon ) erc●dekn● , lercedekne , summoned , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . thomas de arcedekne , &c. summoned , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) e. . iohn arcedekne , lercedekne , summoned , , ( p. . d. . ) e. . philip de arcy , summoned , , ( d. . ) , ( d. . ) , ( d. . ) e. . see darcy . r●gniald de argentine , summoned , , ( d. . ) e. . iohn de arundel , summoned , , ( d. , ) , ( d. . . ) , ( d. . ) r. . iohn de arundel , de arundel chiva●er ▪ summoned , , ( d. . ) h. . thomas arundel de mountravers , chival●r ▪ summond , , and , ( d. . ) e. . nicholas de astele , or asteley , summoned , ▪ ( d. . ) e. . , ( d. . . ) , ( d. . ) e. . thomas de astele , summoned , , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) e. . gilbert de aton , summoned , , ( d. . ) e. . william de aton , , ( d. . ) e. . nicholas de aldithlegh , aldethly , a●dels , a●dely , daudele ( thus variously written ) ▪ summoned , , ( d. . ) e. . , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) iunior , , ( d. . . ) e. . hugh de a●dely daudeley , senior , summoned , , ( d. . ) , ( d. . ) , ( d. . ) e. . hugh de a●dele , ( daudely ) iunior , and without addition ) , ( d. . . ( d. . . ) , ( d. . ) , ( d , . . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d : . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) e. . iames de a●dele , daudeley , summoned , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , ( p : . d : . ) , ( d. . . ) , ( d : . . ) , ( p : . d : . . ) , ( p : . d : . ) , ( p : . d : . . ) , ( p : . d : . . ) , ( p. : d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d. . ) , ( d : . ) , ( d : . ) ( de helegh ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . . . ) , ( d. . ) e. . , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : , ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) r : . nicholas de audeley ( de helegh ) , ( d : . ) r : . richard de audeley de helegh , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) r. . iames de a●deley , ( d : . ) h. . ) , ( d : . ) , ( d. . ) chivaler , , ( d : . ) , ( d : . ) . ( d : . ) . ( d : . ) , ( d. . ) , ( d : . ) , ( d : ) , , ( d : . ) , ( d : . ) , ( d ▪ . ) . ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : ) , ( d : . ) h. . iohn de audeley chivaler , , ( d : . ) h : . armiger , , ( d : . ) chivaler , , ( d : . ) ▪ ( d : . ) , ( d : . ) , & . ( d : . ) e. . b thomas baco●n , summoned , , ( d : . ) e. . bartholomew de badlesmore , summoned , , ( d : . ) ▪ ( d : . . . ) , ( d : . . ) , ( d : . ) , ( d. . . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) e. . giles de badlesmore , summoned , ▪ ( d : . ) , ( d : . . ) , ( p : . d : . p : . d : . ) e. . alexander de balliolo , summoned , , ( d : . . ) , ( d : . . ) , ( d ▪ . ) , ( d. . ) ▪ ( d : . ) e. . roger de bane●t , bane●t , summoned , , ( d : . . ) , ( d. . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d. . ) e. . , ( d : . . . ) , ( p : . d. . ) , ( d : . ) , ( d : . ) e. . hugh bardolfe , , ( d : . . ) , ( d : . ) , ( d : . . ) e. . thomas bardolfe , , ( d. . . . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . . ) , ( d : . . ) , ( d. . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d. . ) , ( d : . ) e. . , ( p : . d. . . ) , ( d : . . . ) , ( d : . ) , ( d : . . . ) iohn bardolfe , , ( d. . . ) , ( d : . . ) , ( p. . d : . . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d : . . ) , ( p. . d. . ) , ( p . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. ▪ ) e. . iohn bardolfe de wyrnegen , , ( d. . ) ( d. . ) , ( d. . ) , ( d. . ) e. . william de bardolfe , , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) r. . thomas bardolfe de wyni●sgy , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) h. . mr. john barnet , , ( d. . ) e. . ralph basset de sapcote , , ( d. ) . h. . richard basset de wilden , wileden , , ( d. . ) . ( d. . ) e. . ralph basset de drayton ( sometimes stiled senior , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) . ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) ● , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , d. . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) , p. . d. . ) , ( d. . ) , ( d. ▪ ) , ( d. . . ) , ( p. . d. . . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . p. . d. . . ) e. . ralph basset de drayton , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) . ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) r. . sinon basset , , ( d. . ) e. . ralph basset de sapco●e , , ( d. . ) , ( d. . ) e. . robert baynard , , ( d. . . ) , ( d. . ) e. . , ( d. . ) e. . nicholas de beche , . ( p. . d. . ) , ( d. . ) e. . iohn de be●e , , ( d. . . ) , ( d. . ) e. . iohn de beke-campo , ( beauchamp ) usually stiled de somerset , , ( d. . ) , ( d. ▪ . ) , ( d. . . ) , ( d . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) . ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) ▪ ( d. . . . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . ) . ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . . ) . ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d , . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. ▪ ) , ( d. . ) e. . giles de bello-campo , , ( d. . ) e. . iohn de bello-campo de warwick , , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . roger de bello-campo , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) r. . iohn beauchamp de kiderminster , ( d. . ) r. . william beauchamp de burgavenny , , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) h. . william beauchamp dominus de sto. amando , , ( d. . ) miles , ( d. . ) , ( d. . ) , ( d. ) h. . john beauchamp miles , dominus de beauchamp , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . richard beauchamp de beauchamp miles , , and , ( d. . ) e. . henry de bello-monte ( beaumont ) sum . , ( d. . . ) , ( d. . . ) ▪ ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) ▪ ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) e. . , ( p. . d. . . ) . ( d. . . . ) , ( p. . d. . . ) , ( d. . . . ) e. . iohn de bellomonte , , ( p. . d. . ) e. . henry de bellomonte , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn de bellomonte , , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . henry de bellomonte , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) iohn beamont , miles , ( d. . ) , ( d. . ) , ( d. . ) , , ( d. . ) , ( d. . ) vicont de beamond , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) h. . robert de benhall , , ( d. . ) , ( d. ● . ) e. . william de berisford , , ( d. . ) e. . thomas de berkelegh , berkele , berkeley , berkely ( thus variously written ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ) , ( d. . . . ) , ( d. . . ) ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) e. . thomas de berkele , berkeley , , ( d. . ) , ( d. . . . p. . d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . . p. . d. . ) , ( p. . d. . ) , ( p. . d. . . ) ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) ▪ ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) e. . maurice de berkeley , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. , ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) e. . maurice de berkele , berkeley , , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) r. . thomas de berkeley , barkeley . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) chivaler : ) , ( d. . ) , ( d. . ) , ( d . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) de berkeley , , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . iames de berkele , berkel●y , , ( d. . ) h. . , ( d. . ) chivaler , , ( d : . ) ▪ ( d : . ) , ( d : . ) , ( d : ● . ) ▪ ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) e. . richard berkeley , , ( d. . ) h. . william de berkeley , chivaler , , ( d. . ) h. . , ( d. . ) , ( d. . ) vicou●● berkeley , , and , ( d. . ) e. . iohn de berners , chivaler . , ( d. . ) h. . ▪ ( d. . ) , ( d. . ) , ( d. . ) ● . . roger bertram , . ( d. . ) h. . thomas le blo●●te , blount , , ( p : . d. . . ) , ( d. . . ) e. . william le blount , blunt , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , ( p : . d. . ) , ( d. . ) , ( d. , . ) , ( d. . . ) , ( p. . d. . . . d. . ) e. . walter blunt de mountjoy , chivaler , , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn blount de mountjoy , , & , chivaler ( d. . ) e. . henry de bodrigan , , ( d. . ) e. . iohn de boh●n , , ( d. . ) de mid●urst , , ( d. . ) , ( d. . ) , ( d. . ) e. . william boneville , bonevile , dominus de bonevile & de chaton miles , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . william de b●tera●●x , botreaux , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) chir. , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . iohn de 〈◊〉 , , ( d. . ) r. . william de botreaux● , ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. ● . ) chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ● , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ● . ) , ( d. . ) , ( d ▪ . ) , ( d. . ) , ( d. . ) , ( d. . ) . ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) e. . iohn bo●●tourte , butet●urte , 〈…〉 , , ( d. . . ) e. . , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) ● , ( d. . ● . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ● ) , ( d. . ) . ( d. . . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) , ( d. ) e. . iohn 〈…〉 , , ( p. . d. . ) de byley● , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , . . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) r. . william de botiler , botiller , butiller , butiler , , ( d. . ● . ) , ( d. . ) de w●rington , , ( d. . ) , ( d. . ) e. . de 〈◊〉 , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. ● . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) ▪ ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) e. . william botiller de 〈◊〉 , , ( d. . ) , ( d. . ) e. . rad●lph de botiler , chivaler , , ( d. . ) de sutley , de sudely , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn b●urgohier , bourgh●hier , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p : . d : . ) , ( p. . d. . ) , ( p. . d ▪ . ) r. . ▪ ( d : . ) h : . 〈…〉 . . ) ▪ ( d. . ) , ( d. . ) de bourghchier chivaler , , ( d. . ) vicount burghehier , ( yet still lifted towards the end of the barons , for the most part ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . henry bourghchier de crumwel chivaler , , ( d. . ) h. . william bourghchier , miles dominus fitzwarren , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . fulco bourghchier , de fitzwarren chivaler , , ( d. . ) e. . iohn bourghchier de b●ruers chivaler , , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . see berners . humfrey bourghchier de cromwel chivaler , , ( d. . ) e. . thomas de bradeston , , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) e. . gerard braybrook , , ( d. . ) e. . william de brewosa , brenosa , brewes , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ▪ . ) , ( d. . . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. , . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . thomas de brewosa , de brewes , , ( p. . d , . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . guido de brian , bryan , , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d : . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) . ( d. . ) , ( d. . ) , ( d. . ) . ( d. . ) , ( d. . ) , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) ▪ ( d. . ) r. . henry bron●fleet , miles , baro de vesey , vess●y , , ( d. . ) dominus de vesey , vessey , , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) e. . edward brook de cobham , chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) . ( d. . ) e. . iohn brook de cobham , chivaler , , ( d. . ) , & , ( d. . ) e. . maurice de brun , brunne , , ( d. . . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . r●bert de brus , , ( d. . . ) , ( d. . ) , ( d. . ) e. . iohn bucton , , ( d. . ) e. . ralph de bulmer , bulmere , , ( p. . d. . ) , ( p. . d : . ) , ( p. . ( d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) e. . william de burgh , , ( p. . d. . ) , ( d. . ) e. . robert de burghershe , , ( d. . ) , ( d. . ) , ( d. . ) e. . bartholomew de burghershe , , ( d. . . . . ) , ( d. . . p. . d. . ) , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) , ( d : . . ) , ( d. . . ) , ( p. . d. . . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d : . p : . d. . ) , ( p : . d. . ) senior , , ( p. . d : . ) , ( p : . d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . robert burghersh , , ( p : . d : . ) , ( p. . d. . ) , ( p. . d : . ) e. . edmund burnel , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) e. . nicholas burnel , , ( p : . d : . ) , ( p : . d. . ) , ( d. . ) , ( d. . . ) , ( d : . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . hugh burnel , , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d . ) ▪ ( d. . ) , ( d. . ) ▪ ( d. . ) , ( ● . . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) h. . william de burton , , ( d. . ) e. . c thomas de cailly , , ( d. . . ) , ( d. . ) , ( d. . ) e. . ralph cam●ys , camoyes de camoyes , , ( d. . ) h. . ralph de cameyes , canoyes , , ( d. . . ) . ( d. . . ) , ( d. . ) . ( d. . . ) , ( d . . ) ▪ ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. , ) , ( d. ) e. . , ( p. . d. . . ) , ( d. . . ) . ( d. . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) ▪ ( p. . d. ) , ( d. . ) , ( d. . ) e. . iohn de camoyes , . ( d. . ) e. . thomas camoyes , chivaler , , ( d. . . ) , ( d. . ) , . ) , ( d. . ) , ( d. . ) ● , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( ● . . ) , ( d. . ) , ( p. , d. . ) , ( p. . d. . ) , ( p. . d. . ) r. ● . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) h. . , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) h. . 〈…〉 , ( d. . : ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . william de camvil , , ( d : . ) , ( d. . ) e. . william de cantilupo , , ( d : . ) , ( d ▪ . . ) , ( d. . ) ● , ( d : . ) , ( d : . ) , ( d. . ) e : . , ( d : . . . ) , ( d. . ) e : . nicholas de canti lupo , , ( d. . ) , ( p : . d : . . p : . d : . . ) , ( p. . d : ● ) , ( p : . d. . ) , ( p : . d. . . ) , ( p : . d : . ) , ( p : . d. . ) , ( p : . d. . ) , ( p : . d. . ) ▪ ( p : . d : . ) , ( p : . d. . ) , ( p : . d : . p : . d : . ) , ( p : . d. . ) , ( p : . d : . ) , ( p : . d : . ) , ( d. . ) e. . robert de causton , , ( d. . ) , ( d. . ) e. . hugh de chasteldon , , ( d. . ) e. . peter de channet , champne● , , ( d. . , ) 〈◊〉 . iohn chaundos , ▪ ( p. . d. . ) e. . 〈◊〉 chaundos de chaundos , , ( p. . d. . p. . d. . ) , ( p. . d : . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. ● d. . ● . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. ● . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) e. . thomas de chaworth , , ( d. . ) , ( d. . ) e. . iohn de charleton , ( charleton ) , ( d. . . ) , ( d : . . ) , ( p. . ) , ( d. . . ) , ( . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) . ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( p. . d. . : p. ● . d. . ) , ( d. . . . . ) , ( p. . d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( p : . d : . . ) senior , ▪ ( p. . d : . . ) , ( p : . d : . . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . p. . d. . ) , ( d : . ) , ( p. . d : . ) , ( p : . d : . ) , ( d. . ) , ( d. 〈◊〉 . ) , ( d : . . ) , ( d. . ) , ( d : . ) e. . iohn de charleton de powi● , , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) e. . iohn de charleton de powys , , ( d : . ) , ( d. . . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( p : . d. . ) , ( p : . d : . ) , ( p : . ( d. . ) r : . , ( d : . ) , ( p : . d. . ) h : . edward charleton de powys , , ( d. . ) , ( p. . d. . p. . d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d : ● . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) h. . richard de clare , ( d : . ) e. . john de clavering , claverings , , ( d. . . ) , ( d : . . ) ▪ ( d. . ) , ( d. . ) e. . , ( d : . . ) , ( d : . . . ) , ( d : . . ) , ( d. . . ) , ( d. , . ) , ( d : ● . ) , ( d : . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . . . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . ) , ( p. . d. . . p. . d. . ) e. . robert de clifford , de clyfford , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) e . roger de clifford , , ( d : . ) , ( d. . . ) e. . robert de clifford , , ( p. . d. . ) , ( d. . . ) , ( d. . . . . ) , ( p. . d : . . p : . d. . ) , ( d . . . ) , ( p. . d. . ) , ( d. . ) ▪ ( d. . . ) , ( p. . d : . ) , ( p. . d : . ) , ( d : . ) e : . roger de clifford , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d . . ) , ( p. . d : . ) e. . , ( d. . ) , ( d : . . ) , ( d : . ) . ( d : . ) , ( d : . ) , ( d. . ) , ( d. . . ) , ( d. ● ) , ( d : . ) , ( d. . ) , ( d. . . ) , ( d : . ) r. . thomas clifford , , ( d : . ) , ( d. . ) , ( d. . ) r. iohn clifford , , ( d . ) , ( d : . ) h. . , ( d. . . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) h. . iohn de clifford , chivaler , , ( d ▪ . ) h. . thomas de clifford chivaler , , ( d. . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) h. . william de clifford dominus de clifford , , ( d. . ) h. . iohn de clifton , clyften , , ( p. . d. . ) e. . , ( d. . ) , ( d : . . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) r. . constantine de clifton , , ( d. . ) , ( d : . ) , ( d : . ) r. . iohn de clinton , , ( d : . ) e. . william de clinton , clynton , , ( d : . ) , ( d : . . p. . d. . ) , ( d : . . . ) , ( p : . d. . ) , ( d : . ) , ( d : . . ) , ( d : . . ) e. . iohn de clynton , , ( d. . . . . ) , ( p : . d : . ) , ( d. . ) e. . iohn de clynton , , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . . ) , ( p. . d. . ) e. . , ( d : . ) , ( d : . . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . . ) , ( d : . ) ( , d : . ) , ( d. . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d : . ) , ( p. . d. . ) r. . william de clinton , , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d : . ) , ( p. . d. . p. . d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) h : . , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) chivaler , , ( d. , ) h. . iohn dominus de clinton , , ( d : . ) , ( d : . ) h. . chivaler , , ( d. . ) , ( d. . ) e. . henry de cobeham , cobbeham , cobham , , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . . . ) , ( d. . ) , ( d. : ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( d. . . ) , ( d. . . . ) , ( p. . d. ) , ( d. . ) , ( d : . . ) ● , ( p. . d. ● . ) e. . stephen de cobbeham , , ( d. . ) e. . ● . ( p : ● . d. ● . ) , ( d. . . . ) , ( d. . ) , ( d. ● . . ) , ( d. . . ) , ( d. . . . . ) ● , ( p. . d. . ) e. . ●●ginald de cobbeham , cobham , , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. ● . ) ● , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ● ▪ ) , ( d. . ) e. . iohn de cobbeham , , ( d. . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . . ) e. . iohn de cobbeham de kent , , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) e. . ● , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. ● . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) chivaler , , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. ● . ) , ( d. . ) h. . see old● astle . john coggeshall , , ( d. . ) e. . iohn cokdyn , , ( d. . ) e. . walter de colvyll , , ( d. . ) h. . robert de colevil , colvil , colvile , , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . philip de columbariis , , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( d. . . ) , ( d. . . . . ) , ( d. . ) , ( d. . . ) , ( p. . d. . . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) e. . peter corbet , de corbet , , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . robert corbet , , ( d. . ) e. . iohn cornwal , chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . hugh de courtenay , , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . . ) , ( d. . . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) : , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( p. . d. . . p. . d. ) , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) e. . ) hugh de courtenay iunior , , ( p. . d. . . ) e. . hugh de courtenay le fitz. , ( d. . ) e. . craystocke , see graystocke . william de cressey , , ( d. . ) e. . iohn de cretings , , ( d. . . . . ) e. . iohn de crombewel , crumbewel , crumwel , , ( d. ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) e. . , ( p : . d. . . ) , ( d. . . . ) , ( d : . ) , ( d : . , . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) , ( p : . d. . ) , ( d : . ) , ( d. . ) e. . ralph de crumbewel , chivaler , , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( p. . d : . ) , ( p. . d : ) , ( d. . ) r. . , ( d : . ) , ( p. . d : . ) , ( d. . ) , ( p. . d. . p : . d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) h. . , ( d : . . ) , ( d. . ) , ( d. . ) , ( d : . ) h. . ralph crombewel , chivaler , , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) h. . humfrey , dominus crombewel , , ( d : . ) , ( d : . ) e. . nicholas de cryoll , , ( d. . ) e. . simon de cudington , , ( d. . ) e. . d ranulph , ralph de dacre , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d : . ) e. . , ( p. . d. . ) , ( d : . . . ) , ( d. . ) , ( d : . . . ) , ( p : . d. . . p : . d. . ) , ( d. . . . ) ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d : . . ) , ( p : . d. . ) e. . william de dacre , , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d : . ) e. . ralph de dacre , ( d : . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . hugh de dacre , chivaler , , ( p : . d. ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . william de dacre , , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d : . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) h. . thomas de dacre de gisland , , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) h. . reginald dacre de gisland , chivaler , , ( d. . ) h. . humfrey dacre de gisland , , and , ( d. . ) e. . thomas de dagworth , , ( p. . d. . ) , ( p. . d. . ) e. . roger damory , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) e : . richard damory , , ( d. . ) e. . , ( p. . d. . . ) , ( d. , . . ) , ( d. . ) , ( d. . . . ) e. . philip de darcy ( de . arcy ) see arcy , , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . philip darcy , , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . , . ) iohn darcy de cosin , ▪ ( d. . . . ) , ( p. . d. . ) , ( p. . d. . ) de knayth , , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . . ) , ( d. . ) e. . philip de darcy , , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . thomas darcy , , ( d. . ) , ( d : . . ) , ( d : . ) r. . philip darcy , , ( d : . ) , ( d : . ) . ( d : . . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. ) ▪ ( d. . ) , ( d. . ) , ( p. . d : . ) , ( p. . d. . ) r. . iohn darcy , , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p : . d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) h. . elie daubeny , , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d , . ) e. . ralph daubeny , , ( p. . d. . ) e. . william danmarle , , ( d. . ) e. . rowland davoyes , , ( d. . e. . da●dl● , see audeley . descales , see s●●les . hugh le dispensor , justicia●●●s angliae , , ( d. . ) h. . hugh le dispenser , , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d. . ) ▪ ( d : . ) , ( d : . ) e : . , ( d : . . . ) , ( d : . . . ) , ( d : . . ) , ( d : . ) , ( d : . . . ) , ( d : . . ) ▪ ( d : . . ) , ( d : . . ) stiled senior , , ( d : . ) , ( d : . ▪ ) , ( d : . . ) , ( d : . ) . ( d : . . ) , ( d : . ) e. . hugh le dispenser iunior , , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . . . ) , ( d : . ) e : . hugh le dispenser , , ( p : . d : . . ) , ( p : . d : . . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d. . ) e : . edward le dispenser , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) e : . philip le dispenser , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( p : . d : . ) , ( p : . d : ● . ) , ( d : . ) r. . , ( d : . ) h. . iohn devereux , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) r. . walter devereux de fe●riers , chivaler , , ( d : . ) h : . dominus de ferriers , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , and , ( d : . ) e. . edward deyncourt , de eyncourt , , ( d : . . ) , ( d. . . ) , ( d. . . ) , ( d : . ) , ( d. . ) , ( d : . ) ed. . , ( d : . . ) , ( d : . . . ) , ( d : . . ) , ( d : . ) , ( d : . . . ) , ( d : . . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . . . ) , ( d. . ) , ( d : . ) e. . william de eyncourt , , ( d : . . . ) , ( p : . d : . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( p : . d : . . p : . d : . . ) , ( p. . d. . ) , ( p : . d. . . ) , ( p ▪ 〈◊〉 . d : . . ) , ( p. . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d. . ) , ( p : . d : . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d. . . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) e. . iohn d●yncourt , , ( d : . ) e. . iohn dinham , dynham , de caredinham , chivaler , , ( d : . ) , ( d. . ) , ( d : . ) , and , ( d. . ) e. . richard de draycot , , ( d : . ) e. . dufford , see ufford . oliver dyna●●t , , ( d : . . ) , ( d : . ) , ( d. . ) e. . e william de ebr●icis , , ( d. . ) e. . william de echingham , , ( d. , . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d : . ) e : . iohn de e●ganie , e●gayne , de●gayne , , ( d : . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) . ( d. . ) e. . , ( d. . . . ) , ( d. . . . ) ▪ ( d. . . ) ▪ ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ● ) , ( d. . ) , ( d : . . ) e. . iohn de egaine , ( p : . d. . p. . d. . ) , ( p. . d. ● . . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . thomas d'engaine , , ( d. . ) e. ● . henry de erdington , , ( d. ● . ) e. ● . nicholas de estle , , ( d. . . ) e. . andrew de astle , estlegh , estlye , estelye , , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ● . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . thomas de estelye , , ( p. . d. . ) e. . adam de everingham , , ( d : . . ) 〈◊〉 ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. , ) , ( d. . ) e. . adam de everingham de laxton , , ( d. . ) e. . roger de extr●noo ( l●strange ) , ( d. . . ) , ( d : . ) , ( d. . ) , ( d. . ) e. . iohn de extran●● , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d : . . . ) , ( d. . ) e. , see lestrange . de eyncourt , see deyncourt . iohn de eyvil , , ( d. ▪ ) h. . f iohn de fasle , falsley , chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . , ( d. ) , ( d. . ) , ( d. . ) r : . iohn de falewesle , , ( d. . ) r. . w●lter de fa●o●nberge , faucomberge , , ( d. . . ) , d. . ) , ( d. . ) ( d. . ) , ( d. . . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . . ) e. . , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d : . . ) , ( d : . . ) , ( d. . ) , ( d : . . ) , ( d : . . ) e. . iohn de faucomberge , , ( d. . ) , ( d. . . ) , ( p. . d : . p. . d. ( . ) , ( p. . ( d. . ) , ( p. . d. . . ) . ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p : . d : . ) , ( p. , d. . ) , ( p : . d. . ) , ( p. . d. . p. . d. . ) , ( p : . d. . ) , ( d. . ) e. . walter faucomberge , , ( p. . d. . ) , ( p. . d. . ) ▪ ( d. . ) , ( d. . ) , ( d : , . ) , ( d. . . ) , ( d : . . ) , ( d. . ) e. . robert de felton , , ( d. . ) , ( d. . . ) e. . william de felton , , ( p. . d. . ) e. . thomas de fencotes , , ( p. . d : . ) e. . fennys , see fynes . william de ●errariis , ( f●rrers ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) e. . iohn de ferrarii● , , ( d. . . ) , ( d : . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d : . ) e. . , ( d : , . ) , ( d. . . . ) , ( d. . . ) , ( d : . ) , ( d : . . ) , ( d. . ) , ( d : . . ) e : . william de ferrariis , , ( d. . ● . ) , ( d. . ● . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. , ) , ( d : . ) e : . henry de ferrariis , , ( d : . . . . ) , ( p : . d : . . p. . d. . ) , ( d. . . . ) , ( p : . d : . ) , ( d , . ) , ( d : . . ) , ( d : p. . ) , ( p : . d : . . p : , d : . . ) , ( p : . d : . ) , ( p : . d. . p : . d. . ) e. . robert de ferrariis , , ( p. . d. . ) e : . william de ferrers , , ( d : . ) , ( d. . ) , ( d. . ) e : . robert de ferrers , de wemme , ( d. . . ) , ( p. . d. . ) e. . . ( d. . ) , ( d. . . ) . ( d. . ) r. . henry de ferrari●● , ferrers de groby , , ( d. . ) , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . ) ▪ ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) r. . william de ferrariis de gr●by , , ( p : . d. . ) , ( p. . d. ) , ( d : . ) r : . ● , ( d : . ) , ( p. . d. . ) , ( d : . ) , ( p : . d : . p. . d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) h. . , ( d : . . ) , ( d. . ) , ( d ▪ . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) h : . , ( d. . ) chivaler , . ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) dominus de ferrariis de greby , , ( d. . ) , ( d. . ) h. . brian fil , al●ni , ( fitz-alan ) , ( d : . . ) ▪ ( d. . ) , ( d. . ) , ( d : . ) , ( d. . . ) , ( d : . . ) , ( d. . ) , ( d. . ) e. . thomas fil. bernardi ( fitz-bernard ) , ( d. . : ) , ( d : . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . archerus fil. henrici , ( fitz-henry , , ( d. ● . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d : . . ) , ( d. . ) , ( d : . . ) , ( d. . . ) , ( d. . ) , ( d. . ) ▪ ( d : . ) , ( d. . ) , ( d. . . . ) , ( d. . ) e. . henry fil. hugh ( fitz-hugh ) ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . ) , ( d. . ) , ( d : . . ) , ( d. . ● . ) , ( p. . d. . ) , ( d. . ) , ( d : . : ) , ( d. . . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p : . d : . ) . ( p : . ( d : . ) e. . henry fitz-hugh , , ( d : . ) , ( d : . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( p. . d. ) , ( p. . d. . ) , ( d : . ) r. . , ( d : . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d : . ) , ( d. . ) . ( d. . ) , ( d. . ) , ( d. , . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d : . ) h. . , ( d. . ) h. . william fitz hugh chivaler , , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) h : . henry fitz hugh chivaler , , ( d : . ) , ( d : . ) , ( d. . ) h : . , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) e : . richard fitz-hugh , chivaler , , and , ( d : . ) e. . iohn fil. iohanuis ( fitz-iohn ) , ( d : . ) h : . richard fil. iohannis , , ( d : . ) e : . ) matthew fil. iohannis , , ( d : . ) e. . robert fil. pagani , ( fitz-pagan , fitz-payn ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) e : . , ( d : . . . ) , ( d : . . ) , ( d : . ) , ( d : . . . ) , ( d : . ) , ( d : . . ) , ( d. . . ) e : . robert le fitz-payn , , ( d. . ) e. . , ( p : . d. . . ) , ( d. . . ) , ( d : . ) , ( d. . . ) ● ( p : . d : . ) , ( d : . . . . ) , ( p : . d : . ) , ( ● : . ) , ( d : . . ) , ( d : . . ) , ( p : . d : . p. . d : . . ) , ( p : . d : . ) , ( p : . d. . . ) , ( p : . d : . . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) ( p : . d : . ) , ( p : . d. . ) e. . iohn fitz-rauph , , ( d. . ) e. . iohn fitz-reginald , , ( d : . ) , ( d : . . ) e. . robert fil. rogeri , ( fitz-roger ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : ▪ ● . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) e : . , ( d : . . . ) , ( d : . . ) , ( d. . . ) e : . iohn fil. rogeri , , ( d : . ) e : . andrew fil. rogeri , ▪ ( d : . ) e. . robert fil-walteri , ( fitz-wanter , ) , ( d : . . ) , ( d : . ) de dauntre , , ( d : . ) , ( d : . . ) , ( d : . . ) , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . ) e. . , ( d : . . . ) , ( d. . . ) , ( ● : . . ) , ( d , . . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . . . ) , ( d. ) e : . iohn fitz-wa●ter , , ( p : . d. . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d. . ) , ( p : . d : . ) , ( p : . d. . ) , ( p. . d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . . ) ( , ( d : . ) e. . walter , fitz-wa●ter , , ( d. . ) , ( d : . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) r. . walter , fitz-waulter , , ( d : . ) , ( d : . ) ) d : ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d : . ) , ( p. . d. . ) , ( d. . ) . ( p. . d. . p. . d. . ) h. . walter , fitz-wa●ter , chivaler , , ( d. . ) , ( d. . ) h. . fulco fil. warini , ( fitz-waren ) , ( d : . . ) , ( d. . ) , ( d , . . ) , ( d : . . ) , ( d. . ) , ( d. . . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) senior , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) ● . . , ( p. . d. . ● . p. . d. . ) , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) e. . william fil. warini , , ( p. . d. . ) e. . ralph fil. willielmi ( fitz-william ) , ( d. . . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . ) , ( d. . . ) e. . robert fil. willielmi , ( fitz william ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ) , ( d. . . ) , ( d. . . ) e. . godfry de ●olecumbe , , ( d. . ) e. . iohn de folevil , , ( d. . ) e. . iordan foliot , , ( d. . . ) , ( d. . ) e. . , ( d. . ) e. . hugh de frene , ▪ ( d. . . ) e. . ralph de freschevil , , ( d. . ) e. . thomas de frowike , , ( d. . ) e. . baldwin de fryvil , , ( d. . ) e. . thomas de fulnatly , , ( d. . ) e. . thomas de furnivall , sometimes stiled senior , , ( d. . . ) ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . ▪ ( d. . . . ) ▪ ( d. . . ) , ( d. ▪ . ) , ( d. . . . ) , ( d : . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . . . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( d. . . p. . d. . ) , ( d. . ) , ( d. . . ) , ( p. . d. , p. . d. . ) , ( p. . d. ) e. . thoma● de furnival , iunior , ● , ( d. ▪ . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) e. . , ( p. . d. . ) , ( d. . . . ) , ( d : . ) , ( d. . . ) , ( d. . . p. . d. . ) , ( d. . ) e. . thomas de furniv●l , , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d : . ) , ( d. . ) , ( d. . . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) e. ● . william de furnival , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . iames fyenes , fennys , miles , dominus de say et seal , , ( d. . ) , ( d. . ) william fennys , dominus de say et seal , chivaler , , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . richard fennys , ( fynes ) dominus de dacre , chivaler , , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , d. . ) , ( d. . ) , ( d. . ) , and , ( d. . ) e. . g gilbert de gandano , or de gaunt , , ( d. . ) h. . , ( d. . . ) , ( d. . ) ● , ( d. . ) e. . geoffry de genvil , genevil , geynvil , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn giffard , gifford , de gifford , , ( d. . . ) , ( d. . ) , ( d. . . ) e. . o●bertus gifford , , ( d. . ) e. . iohn gifford de borinesfeld , , ( d. . . . ) , ( d. . . ) , ( d. . . ) ▪ ( d. . ) , ( d. . . ) ▪ ( d. . . ) , ( d. . ) , ( d. . . ) e. . iohn gifford de beof , , ( d. . ) e. . iohn golafre , , ( d. . ) e. . raduph de gorge , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( d. . ▪ ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . ralph de gorge , , ( d. . ) , ( d. ● . . ) e. . william de grandisson● , ( grandison ) , ( d. . . ) , ( d : . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ▪ ) , ( d. . . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ▪ . ) , ( d. . ) e. . osberne de grandissono , , ( d. . ) , ( d. . ) , ( d. . e. . peter de grandisson● , , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) e. . thomas de grandisson● , , ( p. . d. . ) e. . thomas de grelly , de gresly , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) e. . ralph de grendon , , ( d. . ) e. . robert ( de grendon ) , ( d. . ) , ( d. . ) e , . iohn , baro de greystoke , graystoke , , ( d. . . ) . ( d. . ) , ( d. . ) e. . the same ( as i conceive ) summoned by the name of iohn de craystoke , and graystoke only , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ● . ) e. . ralph de creystoke , creystoke , , ( d. . ) , ( d. . ) , ( d. . ) e. . william de greystoke , , ( p. . d. . ) , ( p. . d. . ) e. . stiled baro de greystoke , , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) e. . ralph , baro de greystoke , creystoke , , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d ▪ . ) , ( d. . ) , ( d. . ) , ( d : . . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d. ) , ( d. . ) , ( d : ) , ( d : . ) , ( p ▪ . d. . ) , ( p : . d. . ) , ( d : . ) r. . , ( d : . ) , ( p : . d. . ) , ( d : . ) , ( p : . d. . p : . d. . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. ▪ ) , ( d. . ) h. . iohn , baro de greystoke , , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) chivaler , , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) h. . ralph , baro de greystoke , chivaler , , ( d. . ) , ( d. . ) h. . summoned without the addition of baro , as chivaler onely , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , and , ( d. . ) e. . reginald de grey , , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d : . ) , ( d : . ) e. . iohn de grey , , ( d. . ) e. . henry de grey , , ( d. . . ) e. . , ( d. . ) , ( d. . ) e. . iohn de grey , , ( d. . . . ) , ( d. . . ) , ( d. . . . ) , ( d : . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) e. . richard de grey , , ( d. . . ) , ( d. . . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . . . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d : . . . ) , ( d. . ) , ( d. . . . . ) , ( d. . . p. . d. . ) , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) e. . henry de grey , , ( d : . ) , ( d : . ) e. . , ( p : . d : . . ) , ( d. . . . ) , ( d : . ) , ( d : . . . . ) , ( d : . . p : . d : . ) , ( d : . . . . ) , ( p : . d : . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( p : . d : . . p : . d : . . ) , ( p : . d : . ) , ( p : . d. . . ) , ( p : . d : . . ) , ( p : . d : . ) , ( p : . d. . p. . d. . . ) , ( p. . d : . ) , ( p : . d. ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . p : . d : . ) ; ( p : . d : . ) , ( p : . d : . ) e. . iohn de grey de codenore , , ( d : . . ) , ( p : . d. . . ) , ( p : . d : . . ) , ( p. . d. . ) , ( p. . d : . ) , ( p. . d. . ) , ( p. . d : . ) , ( p. . d : . ) , ( p : d. . ) , ( p : . d. . ) , ( p : . d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . . . . ) , ( d : . ) , ( d : . . ) , ( p. . d. . ) e : . , ( d : . ) , ( d : . . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) r. . iohn grey de rotherford , rotherfield , , ( p. . d. . . ) , ( p : . d : . . ) , ( p : . d : . ) , ( p : . d : . p. . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d. . ) , ( p. . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( d. . ) , ( d. . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . . . ) , ( d. . ) e. . reginald de grey , , ( p : . d. . ) , ( p. . d. . ) , ( p : . d. . ) ▪ ( p. . d. . ) , ( p. . d. . p : . d. . ) , ( p. . d : . ) senior , , ( p : . d. . ) , ( d. . ) , ( d. . ) , ( d : . . ) , ( d. . . ) , ( d : . ) e. . reginald grey de ruthyn , , ( d. . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( p : . d : . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. , . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) r. . ralph de grey , , ( d. . ) , ( d : . ) e. . henry grey de shorland , , ( p. . d. . ) e. . henry grey de wilton , , ( d. . ) , ( d : . . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) r. . roger grey de ruthyn , , ( d. . ) r. . reginald grey de ruthyn , , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p : . d : . ) , ( d : . ) r. . , ( d : . ) , ( p : . d : . ) , ( d. . ) , ( p. . d. . p : . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) h. . , ( d : . . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d. . ) h. . , ( d. . ) chivaler , , ( d : . ) , ( ● : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d. . ) h. . richard grey de codenore , , ( d. . ) , ( d. . ) , ( p : . d : . ) , ( p. . d. . ) , ( d. . ) r. . , ( d : . ) , ( p. . d. . ) , ( d. . ) , ( p : . d : . p. . d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . ralph grey de raby , , ( p : . d. . ) r. . iohn grey de 〈◊〉 , , ( d. . ) h. . chivaler , , ( d. . ) , ( d. . ) h. 〈◊〉 henry grey de codenore , chivaler , , ( d ▪ . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . reginald grey de ruthin , chivaler , , ( d. . ) h. . edward grey de ruthin , chivaler , , ( d. . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) e. . reginald grey de wilton , chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , and , ( d. . ) e. . edward grey , miles , , ( d. . ) , ( d. . ) dominus de gr●by , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . thomas grey , dominus de richmond , ( d. . ) miles , , ( d. . ) , ( d : . ) , ( d. . ) h. . , ( d. . ) e. . henry grey , chivaler , , ( d : . ) , ( d. . ) , ( d. . ) , ( d : . ) , and , ( d. . ) e. . edward grey de lisle , , and , ( d : . ) e. . iohn grey de powis , , and , ( d. . ) e. . ingelram de gynes , , ( d : . . ) , ( d : . ) , ( d : . ) , ( d. . . ) e. . reginald de gynes , , ( d : . ) e. . ingelram de gynes , , ( d. . ) , ( d : . ) , ( d : . . ) , ( d. . ) , ( d. . . ) , ( d : . . ) , ( d. . ) , ( d : . . ) , ( d : . ) e. . h eustace de hacche , , ( d : . . ) , ( d : . . ) , ( d : . . ) , ( d. . ) , ( d. . ) e. . iohn de hale , , ( d. . ) e. . iohn de hanndlo , , ( p : . d. . ) e. . andrew de harcla , , ( d. . ) , ( d. . ) e. . iohn de hardreshull , , ( p : . d : . ) e. . henry de hastings , , ( d : . ) h. . iohn de hastings , de hastinges , , ( d. . . ) , ( d. . ) , ( d : . . ) , ( d. . . ) , ( d. . . ) , ( d. . . . ) , ( d : . ) e. . , ( d : . . ) , ( d. . . ) , ( d : . . ) , ( d : . . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) e. . edmund de hastings , , ( d. . . ) , ( d. . . ) , ( d : . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ) , ( d : . . ) e. . robert de hastings , , ( d : . ) e. . hugh hastings , , ( p : . d. . ) e. . thomas de hastinges , ( hastings ) , ( p : . d : . p. : d. . ) e. . william hastinges , chivaler , , ( d. . ) de hastings , , ( d. . ) , ( d. . ) , ( d : . ) , and , ( d. . ) e. . richard hastings de welles , , and , ( d. . ) e. . edmund hastings de hungerford , , and , ( d : . ) e. . william de h●tton , , ( d : . ) e. . iohn de haverings , , ( d : . . ) e. . iohn de haverington , ( harrington ) , ( d. . ) , ( d. . ) e. . , ( p : . d. . . ) , ( d : . . . ) , ( d : . ) , ( d : . . . . ) , ( d : . . ) , ( d. . . . ) , ( p : . d : . ) , ( d. . ) , ( d : . . ) ▪ ( d : . . ) , ( p. . d. . ) , ( p : . d : . ) , ( p : . d : . . ) , ( p : . d : . . ) ▪ ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : ▪ ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . p : . d. . ) , ( p : . d. . ) , ( d : . ) e. . robert de haverington , harrington , ● , ( d : . ) , ( d. . . ) , ( d : . ) , ( d : . ) ▪ ( d. . ) , ( d : . ) ( d. . . ) , ( d : . ) ▪ ( d. . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. ) ( d. . ) , ( d : . ) , ( p : . d : . ) , ( p : . d : . ) , ( d. . ) r. . , ( d. . ) , ( p. . d : . ) , ( d. . ) , ( p. . d. . p : . d. . ) ▪ , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) h. . , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . ) h. . william de harrington , , ( d : . ) , ( d : . ) h. . , ( d. . ) , ( d : ) , ( d : . ) chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) h. . iohn de haustede , , ( d : . . . . ) , ( p : . d : . ) , ( d : . ) , ( d : . . ) e : ● . ralph de hemenhale , , ( d : ▪ ) e. . william herbert , chivaler , , ( d : . ) e. . robert de herle , , ( d : . ) e. . william her●n , , ( d : . ) e. . , ( d : . ) , ( p : . ( d : . ) ▪ ( p. . d : . ) r. . chivaler , , ( p : . d : . ) , ( d : ) ( p : . d : . p : . d : . ) h. . robert de hibernia , , ( d : . ) e. . robert de hilton , , ( d. . ) , ( d : ) , ( d. . ) e. . alexander de hilton , , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) e. . thomas hoe , h●● , , ( d : . ) e. . thomas hoe , hoo , chivaler , , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) h. . robert de holand , , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) e. . robert de holand , , ( p : . d : . ) e. . thomas de holand , , ( d : . ) , ( d. . ) , ( d : . . ) e. . robert de holand , , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d ▪ . . . . ) e. . iohn de holand , , ( d. . ) e. . walter de hopton , , ( d. . ) e. . iohn de hotham , , ( d. . ) e. . mr. adam de houghton , , ( d : . ) e. . iohn howard , de howard , miles , , ( d. . ) h. . , ( d. . ) , and , ( d : . ) e. . walter hungerford , , ( d. . ) chivaler , , ( d : . ) , ( d : . ) ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . robert hungerford , chivaler ▪ , ( d. . ) ●ominus de mollins , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . robert hungerford , senior , miles , , ( d. . ) h. . robert hungerford , miles , , ( d. . ) h. . walter de huntercombe , huntercumbe , , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d : . ) , ( d. . ) e. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . roger de huntingfield , , ( d. . ) e. . william de huntingfield , , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) e. . iohn de huntingfield , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . henry huse , husee , husie , , ( d. . . ) , ( d. . ) . ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . . ) , ( d. . ) e. . henry huse , husee , ▪ ( p. . d. . . p. . d. . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) e. . roger husee , , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) e. . i andrew ideverel , , ( d. . ) e. . oliver de i●g●ham , , ( d. . . ) , ( d. . ) , ( d. . . . ) ● , ( p. . d. . ) e. . iohn de insula , de insula vectae , de isle , , ( d. . . ) , ( d. . . ) , ( d : . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . robert de insula , de isle , , ( d. . . ) , ( d. . . ) . ( d. . ) , ( d. . . ) . ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) , ( d. ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) , ( d : . . ) ▪ ( d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) e. . robert de insula , de rube●-monte , , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . gerard de insula , , ( d : . ) , ( d. . ) e. . warin de insula , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. ) r. . g edward de kendale , ▪ ( d. . ) e. . roger de kerdeston , , ( d. . ▪ . ) , ( p. . d. . ) , ( d. . ) , ( d , . . ) , ( d. . ) , ( p. . d. . ) e. . william de kerdeston , , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) senior , , ( d. . ) , ( d. . ) e. . thomas de kerdeston , , ( d. . ) e. . thomas de kirketon , , ( p. . d. . ) e. . iohn de kirketon , , ( d. . ) , ( d. . ) e. . iohn kiriel , , ( d. . ) e. . bago , ( drago ) de knovil , , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) e. . philip de kyme , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . ▪ ) e. . william de kyme , , ( d. . ) , ( d. . . . ) , ( d. . ) , ( d ▪ . ) e. . ● , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( d , . . ) e. . l iohn de lancastria , ( lancaster ) , ( d. ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . . ( d. . ) , ( d. . . ) , ( d. . . ) e. . henry de lancastria , ( stiled nepos regis in some writs ) , ( d. . . ) . ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ) , ( d : . . . ) , ( d. . . ) ( d. . ) , ( d. . . . ) , ( d. ● . . ) , ( d. , , , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d : . ) , ( d. ) . ) , ( d : . ) , ( d. . ) e. . thomas de langele , , ( d. ) e. . roger de lascel , lasceles , , ( d. . . ) , ( d. . ) e. . thomas le latymer , , ( d. . . ) , ( d. . . ) , ( d. ) , ( d. . ) e. . william le latymer , iunior , , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . william le latymer , senior , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d : . . ) , ( d. . . ) , ( d. . ) ● , ( d : . . ) , ( d. . . ) , ( d : . . ) , ( d : . . ) , ( d : . ) , ( d : . . ) ● , ( d : . . ) , ( d : . ) , ( d : . . ) ▪ ( d. . ) , ( d : ) , ( d : . ) , ( d. . . ) , ( d : . ) e. . ) , ( p : . d. . . ) , ( d. . . . ) , ( d : . ) , ( d. . . . . ) , ( p : . d. . . p : . d. . ) , ( d. . . . ) , ( p. . d. . ) , ( d : . ) , ( d. . ) e. . william de la●ymer , , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) e. . , ( d. . ) , ( d. . ▪ ) , ( d. . ) r. . iohn de latymer , , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) h. . , ( d. . . ) ● , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) h. . , ( d. . ) chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . george latymer , chivaler , , ( d : . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( d : . ) ( d : . ) . ( d : . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn a●t● lee , , ( d. . ) e. . mr. ●ohn leech● , , ( d. . ) e. . iohn lestrange de knokyn , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) e. . fulco l●strange , , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d : . . ) , ( d. . . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) e. . ebul . lestrange , strange , , ( p. . d : . . ) , ( d : . . ● . ) , ( d. . ) , ( d : . . . . ) , ( p. . d : . p. . d. . ) , ( d : . . . ) , ( p. . d : . ) , ( d : . ) , ( d. . ) e : . iohn le strange ; straung , , ( d. . . . . ) , ( d. . . ) , ( d. . . ) ( p : . d. . ) , ( d : . ) , ( d : . . ) , ( d : . d : . . p. . d . . ) , ( p. . d : . ) , ( p : . d : . . ) , ( p : . d. . . ) , ( p : . d. . ) , ( p : . d : . ) , ( p : . d : . ) , ( p : . d : . ) e. . roger lestrange , straung , , ( p : . d. . ) , ( p. . d. . ) , ( p : . d. . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) de knokyn , , ( d. . ) , ( d : . . ) , ( d : . ) ▪ ( d ▪ . . ) e. . , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) r. . iohn lestrange , de knokyn , , ( d : . . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . . ) , ( d : . ) , ( d : ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( p : . d : . ) r. . richard le strange , , ( d : . ) , ( d : , ) , ( d. ) , ( d : . ) , ( d : . ) h. . , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) ( d : . ) , ( d. . ) , ( d : . ) h. . , ( d : . ) , ( d : . ) chivaler , , ( d : . ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d : ) , ( d : . ) , ( d : . ) , ( d : . ) , ( d. . ) , ( d : ) h. . iohn le strange , chivaler , , ( d : . ) h. . , ( d : . ) , ( d : . ) , ( d : . ) e. . william de leybourne , , ( d : . ) , ( d : . . ) , ( d. . . ) , ( d : . ) , ( d : . ) , ( d : . ) e : . , ( d. . , . ) , ( d : . . . ) , ( d : . . ) , ( d : . ) e. . iohn de leybourne , , ( p. . d : . p. . d. . . ) , ( p. . d. . ) , ( p. . d : . . ) , ( p : . d : . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d : . ) , ( p. . d : . ) , ( p. . d. . ) , ( p : : d : . ) e. . henry de lorty , , ( d : . ) e. . iohn lovel , luvel , de tichemersh , , ( d. . ) , ( d. . . ) , ( d : . ) , ( d : . . ) , ( d : . ) . ( d : . ) , ( d. . ) , ( d : . ) e. . , ( d. . . . ) , ( d : . . ) , ( d. . . ) , ( d. ) , ( d. . ) , ( d. . . ) , ( d. . . ) e. . thomas lovel , , ( p. . d. . ) e. . richard lovel , , ( p. . d. . ) , ( p : . d. . ) , ( p. . d. . ) e : . iohn lovel , ( d. . . ) , ( p. . d. . ) e. . de tishemersh , , ( d. . ) , ( d. . . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) . ( d. . ) h. . thomas lovel de helmshire , , ( d : . ) , ( d : . ) , ( p. . d. . ) r. . william lovel de tichemersh , chivaler , , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d . ) , ( d : . ) , ( d. . ) , ( d : . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d . ) , ( d : . ) ( d. . ) , ( d. . ) , ( d. . ) h. . iohn lovel , chiv. , ( d. ) h. . , ( d. . ) , ( d. . ) e. . william lovel de morley , chiv. ( d. . ) h. . , ( d. . ) , ( d. : ) e. . francis lovel de lovel , chivaler , , and , ( d : . ) e. . robert de loundres , , ( d. . ) e. . thomas de lonvillers , , ( p. . d. . ) e. . iohn de longevilliers , , ( d. ) e. . geoffry de lucy , , ( d. . ) h. . , ( d. . ) e. . antony de lucy , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d : . . ) . ( d. . ) , ( d. . ) e. , ( p. . d. . . ) , ( d. . . ) , ( d. . ) , ( d. , . . . ) , ( d. . . ) , ( p. . d. . ) ( d. . . ) , ( d. . . ) , ( p. . d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) thomas de lucy , , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d : . ) , ( p. . d. . p. . d. . ) , ( p : . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) ( d. . . ) , ( d. . . ) ▪ ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . ralph de lumley , , ( d. . ) , ( d. . ) . ( d. . ) , ( d. . . ) , ( d. . ) , ( d : ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) . ( p. , d. ) , ( p. . ) r. . . ( d. . ) h. . thomas lumley , chivaler , , ( d. ) h. dominus lumley , , ( d. . ) , ( d. . ) ( d. . ) ( d : . ) , and , ( d. . ) e. . robert lutterel , , ( d. . . ) e. . iohn de lyonns , , ( d. . ) e. . m peter de malo-lacu , , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . ) . ( d. . ) , ( d. . ) , ( d. . . ) , ( d : . . ) , ( ● . . . ) , ( d. . ) , ( d ▪ . . ) , ( d. . . ) , ( d : . ) ( d. . . ) , ( d. . ) , ( d : . ) , ( d : . ) , ( d. . . . ) e. . , ( d. . ) e. . peter de malo-lacu le quint , , ( d : . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. ) , ( p. . d. . p. ● . d. ) , ( p. . ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . peter de malo-lacu le sisme , ( d. . . ) , ( d. . ) , ( d : . ) , ( d : . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . peter de malo-lacu , , ( d : . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) h. . thomas malesore , , ( d. . ) e. . baldwin de maneriis , , ( d. . ) e. . walter de manny , , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn de la mare , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . . ) ( d. . ) e. . william de marescal ( marshal ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) ▪ ( d. . . ) , ( d. . . ) e. . robert markamote , , ( d. . ) e. . william marmyon , , ( d. . ) e. . iohn de marmyon , , ( d. . ) e. . ● , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) e. . william de marmyon , , ( d. . e. . robert martyn , , ( d. . ) e. . william martin , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . . ) , ( d. . ● . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) ● , ( d. . . . ) , ( d. . ) e. . iohn ma●uduit , , ( p. . d. . ) e. . peter de maule ; mauley , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . nicholas de sancto mauro ( s●ymore ) , ( d. . . ) , ( d. . ) william de sancto mauro , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . nicho●as de sancto mauro , , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) e. . iohn mautrav●rs , ( stiled in some rolls iunior , ) , ( d. . . . . ) , ( p. . d. . ) e. . nicholas de meivil , m●ignell , meynill , mervile , morvie , , ( d. . ) , ( d. ▪ . ) e. . , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( ● . . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) e. . richard de merton , ( d. . ) e. . thomas de metha● , ( d. . ) e. . io●n de moiles , , ( d. . ) , ( d. . . ) e. . , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . nicholas de moiles , ( d. . . ) , ( d. . ) e. . robert de mohaunt , morhaunt , ( d. . ) e. . , ( p. . d. . . , ( d. . . . ) , ( d. . ) e. . iohn de mohun , moun , ( d. . ) , ( d. . . ) , d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ●d . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ●d . . ) , ( d. . . . ) , ( p. . d. . ) e. . iohn de mohun de dunste● , , ( p. ● . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) ( d. . ) , ( d. . ) , ( d. . ) , ( d. , , . ) , ( d. . ) e. . william moigne , ( d. . ) e. . simon de monte acuto , montecute , montegue ) , ( d. . ) , ( d. . ) , ( d. . ) , d. ( . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) e. . william de monte acuto , , ( d. . . ) , ( d. . . ) e. . , ( d. . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . , p. . d. . ) , ( p. . d. . ) e. . edward de monte acuto , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ● . ) , ( d. . . ) e. . iohn de monte acuto , [ d. . ] , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) e. . , ( d. . ) , ( d. . ) ▪ , ( d. . ● ) , ( d. . ) , ( d. . ) , ( d. . ) . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) r. . roger de monte alto , ( d. . ) e. . robert de monte alto , , ( d. . ) , ( d. . ) , ( d. . . ) e. . , ( d. . ) , ( d. . ) , ( d. . ) e. . simon de monte alto , ( d. . ) , ( d. . ) e. . iohn de monte forti , ( mountfort , momford ) , ( d. . . ) e. . , ( d. . ) e. . peter de monteforti , ( d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) e. . iohn de monte gomeri , [ mountgomery ] , ( p. . d. ) e. . ralph de monte hermerii , , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . edward de monte hermerii , , ( p. . d. . . ) e. . william de morle , morley , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) e. . robert de morle , morley , mallory , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . ) , ( p : . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) 〈◊〉 , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) e. . iohn de morle , ( d. . ) e. . william de morle , morley , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) chivaler , ( d. . . ) , ( p. . d. . ) e. . . ( d. . ) , ( d. . . ) r. . thomas de morle , morley , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) chivaler , ( d. . ) , ( d. . ) , ( d. ) , ( p. . d. . ) , ( p. . d. . ) ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ● , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . thomas de morle , chivaler , , ( d. . ) , ( d. . ) h. . ralph de morle , chivaler , , ( d. . ) h. . iohn de morley , chivaler , , ( d. . ) , d. . ) h. . thomas de morley , chivaler , , ( d. . ) h. . ) robert morley , chivaler , ( d. . ) h. . edward de mortuo-mari , ( mortymer ) . ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) e. . simon mortymer , , ( d. . ) e. . ) edward de mortuo-mari , , ( d. ) e. . hugh de mortuo-mari , , ( d. . ) , ( d. . , ) e. . william de mortuo-mari de atteleburge , , ( d. . ) e. . roger de mortuomari de wigmore , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . roger de mortuo-mar● de chirke , chirkes , , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . edmund de mortuo-mari , ( p. . d. . ) e. . constantine de mortuo mari , , ( p. . d. . p. . d. . ) e. . roger de mortuo-mari de wigmore , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . roger de moubray , mubray , ( d. . . ) , ( d. . ) , ( d. . ) e. . iohn de moubray , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ▪ ) , ( d. . ) , ( d. . . ) e. . , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( p. . d. . . p. . d. . ● , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. , ) . ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . ) ( p. . d , . ) . ( p. . d. . p. . d. ) dominus insulae de ax●olme d. ) , ( p . d. . ) , ( p. . d. , ) , ( p . d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. ) , ( d . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . thomas de multon , , ( d. . ) , ( d. . ) , ( d. . . ) ( d. . . ) , ( d. . ) e. . , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) e. . thomas de multon de egresmond , ( d. . ● , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) e. . tho : de multon de gillesland , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) e. . iohn de multon , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) e. . william de munchensey , ( d. . ) h. . walter de muncy , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn musard , ( d. . ) e. . thomas de musgrave , , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . ) ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . n serlo de naus●adron , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . ralph de nevill , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . ralph de nevill , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . ) , ( p. . d. . , ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. ) , ( ● . . d. . ) , ( p. . d. . ) , ( d. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( ● . . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . hugh de nevill , ( d. . ) , ( d. . . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. . . . ) e , . , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) e. . gilhert de nevill , ( d. . ) e. . iohn de nevill de essex , ( d. . ) , ( d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. ) e. ● . robert de nevill , ( p. . d. . ) e. . iohe de nevil de raby ( d. . ) , ( d. . ) , ( d. ) ▪ ( p. . d . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) . ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) r. . thomas de nevill de halmshire , halumshire , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. ● . ) , ( d. . ) , ( ● . . ) , ( d. . ) h. . ralph nevill de raby , ( d. . ) , ( d. . ) , ( d. ) , ( d. ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) r. . william de nevill chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . edward nevill dominvs de bergavenney , ( d. ) chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) . ( d. ) e. . william nevill de fauconbridge chivaler , , ( d. . ) , ( d ) h . , ( d. . ) e. . iohn nevill dominvs de mounjoy [ mountague ] chivaler , , ( d. . ) , ( d. . ) e. . george nevill chivaler , ( d. . ) e. . william de neyrford , ( d. . ) e. . wal●er de norwico ( norwich ) , ( d. . ) e. . iohn de norwico , , ( p. . d. . ) , ( d. . ) , ( d. . ) , d. , ) e. . irhn de norwode , northwode , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . , ( d. . . ) , ( d. . ) e. . roger de northwode , ( d. . ) , ( d. . ) e. . iohn de northwode , , ( d. . ) , ( d. . ) , ( d. . ) . ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . adam de novo mercato , , ( d. . ) h. . thomas de novo mercato , ( d. . ) e. . o robert de ogle dominus de ogle chivaler , ( d. . ) , ( ● . . ) , ( d. . ) e. . owen ogle , de ogle chivaler , & ( d. . ) e. . iohn de oldcastle chivaler , ( d. . ) , ( d. . ) , ( d. ● ) h. . , ( d. ) h. . iohn de orreby , ( d. . . ) , ( d : . ) ( d. . ) e. . p iohn de palton . ( d. . ) e. . iohn de pateshull , ( p. . d. . ) e. . iohn de paynell , ( d. . . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . william paynell , paignell , , ( d. . . ) , d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) . ( d. ) e. . iohn de payure , ( d. . . ) e. . , ( d. . ) e. . gilbert pecche , de petche , ( d. . . ) , ( d. . ● . ) , ( d. . ) ● , ( d. . ) e. . e. , d. . robert petche , , ( d. . ) e. . , ( d. . ) e. . iohn pecche , petche , de petche , ( d. . ) , ( d. . ) , d. , ) , ( d. . ) , ( d. . . . ) , ( d , . ) , ( d. . ) e. . , ( ● . . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . . . ) , ( p. . d. . ) , ( d. ) , ( d. . . ) , ( d. . ) e. . iohn de peitz , ( d. . ) e. . henry de percy , d. . . ) , ( d. . ● . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) e. . henry de percy , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) , ( d. . ) e. . . ( p. . d. . . ) ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) . ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ( le percey ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. ● . henry percey dominvs de poynings , chivaler , , ( d. . ) , ( d. . , ( d. . ) , ( d. . ) , ( d. ● . ) h. . thomas percey dominvs de egremont , gremont , , ( d. . ) , ( d. . ) , ( d. . ) h. . ralph per●t , , ( d. . ) e. . henry peverell ▪ ( d. . ) e. . hugh de peyngn . ( d. . ) e. , hugh de sancto phileberto , ( d. . ) e. . hugh de sancto philberto , ( p. . d. , ) , ( p. . d. . ) e . henry picard , ( d. . ) e. . henry de pinkeney , ( d. . ) , ( d. . . ) , ( d. ) e. . ralph pipard , pypard , pipart , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) e. . robert de playez , ( d. . ) e. . giles de playez , ( d. . ) e. . richard de plaiez , playez , , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . magister richard de plescy , ( d. . ) e. . hugh de plessetis , ( d. . ) , ( d. . ) e. . alan de pluckenet , ploukenet , plugenet , ( d. . . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) e. . michael de la pole , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) admirallus flote navium versus partes boriales , , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . . ) , ( d. . ) r. . michael de ponitz , pointz , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) e. . nicholas de pointz , ( d. . . ) , ( d. . . ) , ( d. . ) e. . hugh de pointz , , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d , . . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. , . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) e. . robert de pointz , ( p. . d. . ) e. . thomas de poynings , , ( p. . d. . . ) e. . michael de poynings , , ( p. . d. . , ( ● . . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . luke de poynings , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . . ) e. . richard de poynings , ( d. . ) , ( d. . ) , ( d. . ) r. . robert poynings , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) chivaler , , ( d. . ) , ( d. . ) , ( d. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) h. . r. thomas de reynes , ( d. . ) e. . iohn de ripariis , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) e. . ludowic robesart chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . thomas de la roche ( d. . . ) , ( d. . . ) , ( ( d. . ) , ( d. . ) , ( d. . ) e. . sayerus de rocheford , . ( d. . ) e. . robert de ros , , ( d. . ) h. . robert de ros de werke , ( d. . . ) e. . william de ros , roos de helmeslake , hamelake , ( d. . ) , ( d. . . ) , ( d. . . ) e. . , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . . . . ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) e. . iohn de ros , roos , , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) e. . thomas de ros , roos de hamelake , , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , ) , ( d. . . ) , ( d. ) r. . iohn roos de hamelake , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) r. . william roos de hamlake , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) h. . , ( d. . . ) h. , thomas roos de hamelake chivaler , , ( d. . ) h. . thomas dominus de roos , , ( d. . ) , ( d. . ) , ( d. . ) miles , , ( d. . ) , ( d. . ) , ( d. . ) h. . thomas de rous ( d. . ) e. . william de ryther , rithre , , ( d. . . ) , ( d. . ) . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) e. . william ryvill , ( d. . ) e. . s william sampson , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) e. . roger de sancto iohanne ( seint-iohn ) , ( d. . ) h. . iohn de sancto iohanne de lageham , ( d. . ) , ( d. . . ) , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) e. . iohn de sancto iohanne ( usually stiled iunior ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) e. . iohn de sancto iohanne de basinges , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . , . ) , ( d. . ) e. . iohn de sancto iohanne , ( d. . ) e. . , ( p. . d. . , ) , ( d. . . . ) , ( d. . . ) , ( d. . ) e. . iohn de sandall , ( d. . ) e. . arnold sauvage , ( d. . ) e. . geofry de say , ( d. . . ) , ( d. . . ) , ( d. ) , ( d. . ) , ( d. . . ) , ( d. ) , ( d. . . ) e. . geofry de say , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , d. . ) e. . william de say , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) . ( d. . ) ● ( d. . ) , ( d. . ) , ( d. , , . ) , ( d. . ) e. . rober● de scales , d'escales , , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ) , ( d. . . ● , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . , ) , ( d. . . ) , ( d. . . ) , ( d. . ) e. . robert de scales , , ( p. . d. . ) , ( p. . d. . ) , p. . d. . ) , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) e. . roger de scales , skales , ( d. . . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) r. . robert de scales , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. ▪ , ( d. . ) , ( p. . d. . ) h. . thomas de scales , miles , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) h. . henry le scrop , ( d. . ) e. . henry le scrop , , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d . ) , ( d. . ) , ( p. . d. . ) e. . , ( d. ) , ( d. . . ) , ( d. . ) , ( d. . ) chivaler , , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. ▪ ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . richard le scrop , ( d. . ) , ( d. . . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d , . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . ) h. . stephen de scrop de masham , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) h. . henry le scrop de masham , , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . 〈◊〉 ) , ( d. . ) h. . iohn le scrop de masham , ch●●●ter , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , [ d. . ] , [ d. . ] h. . henry le scrop de bolton , chivaler , [ d. . ] , [ d. . ] , [ d. . ] , [ d. . ] , [ d. . ] , [ d. . ] , [ d. . ] , [ d. . ] h. . iohn de scrop de bolton , chivaler , ( d. . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) & ( d. . ) e. . thomas le scrop de masham chivaler , ( d. . ) , ( d. ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) & , ( d. , ) e. . nicholas de segrave , ( d. . ) h. . nicholas de segrave senior , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. ▪ , ) , ( d ▪ . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . nicholas de segrave iunior , ( d , . . ) , ( d. . ) e. . iohn de segrave , ( d. . ) , ( d. . . ) , ( d. , . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , . ) e. . iohn de segrave , ( d. . . ) . ( p. . d. . , p. . d. . ) , ( p. . d . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p , , d. . p. . d. . ) . ( p. . d . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. ) , ( p. . d. . ) , ( p. . d. . ) e. . thomas seymor , ( d. . ) e. . richard seymour , seymore , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) ( d. . ) r. . , ( d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) h. . william de shareshall , ( d. . ) e. . edmond de sleye , ( d. . ) e. . iohn de somery , ( d. . ) , ( d. , . . ) , ( d. , ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. , ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . william spenser , ( d. . ) e. . edward baro de stafford , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. ) e. . , ( d. . e. . ralph de stafford , ( d. . . ) , ( p. . d. . ) , p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. ) , ( p. . d. . ) , ( p. . d. . ) e. . baro de stafford ( listed amongst the earls ) , ( p. . d. ) and then amongst the lords by this title baro de stafford , , p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. ) , ( p. . d. . ) e. . richard de stafford , , ( d. . ) , ( d. , , . ) , ( d. . ) ( d. . . ) , ( p. . d. . ) e. . , ( d. ) , ( d . . ) , ( d. . ) r. . hugh de stafford , ( d. . ) e. . hugh stafford , ( d. . ) , ( d. ) h. . humfry stafford de southwick chivaler , ( d. . ) , ( d. . ) e. . thomas de stanley chivaler , ( d. . ) , ( d. . ) h. . . ( d. . ) dominus stanley , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) & ▪ ( d. . ) e. . george stanley de lestrange chivaler & , ( d. . ) e. . nicholas de stapleton , ( d. . . ) , ( d. , . ) e. . nicholas de stapleton , ( p. . d. . ) e. . ) miles de stapleton , ( d. . ) e. . henricus de staunton , ( d. . . ) , ( d. . ) e. . straunge , see lestrang , de extrane● . iohn de strivelin , , ( p. . d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn stourton miles , dominus de sturton , ( d. ) , ( d. . ) , ( d. . ) , ( d. , ) , ( d. . ) h. . , ( d. ) e. . william stourton de stourton chivaler , ( d. . ) h. . ( d. . ) , ( d. . ) e. . iohn stourton chivaler & ( d. . ) e. . iohn de suby , sudeley , sudele , sully , sudle , ( d. . ) . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . iohn de sutton , ( d. . ) e. . iohn sutton de holderness , ( d. . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) ▪ ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) e. . iohn de sutton de duddele , ( p. . d. . ) e. . iohn de sutton de essex , ( d. . ) , ( d. . ) e. . iohn sutton de duddeley chivaler , ( d. ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) h. . , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , & , ( d. ) e. . adam de swyllington , ( d. . ) e. . , ( p. . d. . . ) , ( d. ) e. . roger de swynerton , ( p. . d. . . p. . d. . . ) e. . t gilbert talbot , talebot , ( d. . ) , ( p. . d. . ) , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) , ( d , . . ) , ( d. . . ) , ( p. . d. . . ) , ( p. . d. . ) . ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , ) , ( d. . . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) ▪ ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) ( d. . ) r. . richard talbot , ( d. . ) , ( d. . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . ) , ( p . d. . ) , ( p. . d. . ) ● , ( p. . d. ) . ●p . . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . ) e. . thomas talbot de blackmore , ( d. . ) r. . richard talbot de blackmore , ( d. . ) , ( d. . ) , ( d. . ) chivaler , ( d. . ) r. . richard talbot de goderich-castle , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . gilbert talbot , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) . ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . iohn talbot dominvs de furnival , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. ) , ( d. . ) h. . iohn talbot chivaler , ( d. ● . ) , ( d. . ) , ( d. . ) h. . iohn talbot de lisle chivaler , ( d. , ) , ( d. ▪ ) , ( d. ) , ( d. . ) , ( d. . ) vicount de lisle , , ( d. . ) h. . robert de tateshall , ( d. . ) , ( d. . ) , ( d. . ) . ( d. . . ) , ( d. . . ) , ( d. . . ) e. . walter de tey , ( d. . . ) , ( d. . ) , ( d. . ) . d. . ) , ( d. . ) e. . , ( d. . ) e. . henry de teyes , teyeys , teyers , tryes , , ( d. ) , ( d. . . ) , ( d. , . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . iohn de thorpe , ( d. . . ) , ( d. , . ) , ( d. . ) , ( d. . . ) , ( d , . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . william de thorpe , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. ● . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) r. . pagan de tibetot , tibetorte , ( d. . ) , ( d. . . . ) , ( d. , . ) , ( d. . . . ) , ( d. . ) , ( d. . ) e. iohn de tibetot , tibetorte , tibetote , tipetote , tiptoft , , ( d. . . ) . ( d. . . ) . ( p. . d. . p. . d. . ) . ( p. . d. . ) , ( p. . d , . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d ▪ . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . robert tibetot . , ( d. . ) , ( d. . ) e. . iohn tibetot , tibetoft , tiptoft , chiveler . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , ) , ( d. . ) h. . iohn traverse , ( d. . ) e. . iohn tregoz , tregoitz , ( d. . ) , ( d. . ) e. . henry tregoz , tregoitz , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) e. . , ( d. . ) , ( d. . . ) , ( d. , . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. ) ( d. . . ) , ( d. . ) e. . thomas tregoz , ( d. . . . ) , ( p. . d. . ) , ( d. ) , ( d. . ) e. . iohn trouett , ( d. ) e. . william trussell , ( p. . d. . ) e. . theobald trussell ( d. . ) e. . william tuchet , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn tuchet , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) h. . marmaduke twenge , thwenge , ( d. . ) e. . , ( d. . . ) , ( d. , . ) , ( d. . . ) , d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. ) e. . william de twenge , ( d. . ) e. . v adomaru● , eimerus de valentia , ( d. . ) , ( d. . , ) , ( d. . . ) , ( d. . ) , [ d. ] e. . william la vavasour , vavassor , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) e. . walter le vavassour ▪ ( d. ) e. . peter de veel , ( p. . d. . ) , ( d. . ) e. . hugh de veer , ( d. ▪ . ) , ( d. . . ) , ( d. . , ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) e. . , ( d. . . . ) , ( d. . . . ) ● , ( d. . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) e. . robert de veer , ( d. ) , ( d. . ) e. . theobald de verden , verdon , verdun , verdoun , ( d. . . ) , ( d. . ) senior . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . , ( d. . ) , ( d. , . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. , ) e. . theobald de verdun iunior , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . iohn de verdon , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) , ( d. ▪ . ) , ( p. . d. ● . ) e. ● . iohn de vescy , ( d. . ) h. . william de vescy , ( d. . . ) e. . , ( d. . . ) , ( d. . . ) , ( d. . . ) e. . kobert de vfford , d'ufford , ( d. . . ) , ( d. , ) , ( d. . ) , ( d. . . ) e. . robert de vfford , ( d. . . . ) , p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . ) e. ● . iohn de vfford , ( d. . ) , ( d. . ) e. . william de vfford , ( d. . ) , ( d. . ) e. ▪ thomas vghtred , de vghtred , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , p. . d. . ) , ( p. ▪ d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . gilbert de vmfravill , ( d. . . ) , ( d. . ) e. . robert de vmfravil , ( d. . ) e. . henry de vrtiaco , ( d. . ) , ( d. . ) e. . peter de vvedale , , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) e. . w thomas de wa●ull , ( d. , ) e. . iohn de wake , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . thomas de wake ▪ ( d. . . ) , ( d. . . ) , ( d. . . ) ▪ ( d. ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. ) , ( p. . d. . . p. . d. . ) , ( d. . . . ) , ( p. . d. . ) , ( d. . ) de lydell , , ( d. . . ) , ( d. . . ) , ( p. . d. . vacat ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. ● . ) , ( p. . d. . ) , ( p. . d. p. . d. . . ) ● , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p ▪ . d. . ) , ( p. . d. ● , p. . d. . ) , ( p. . d. . ) e. . richard walkefore ( d. . ) e. . thomas walkefore , ( d. . ) e. . richard walleyes , ( d. . ) e. . ralph de ward , ( d. . ) e. . robert de la warde ( d. . ) , ( d. . . ) , ( d. . ) e. . simon de ward ▪ , ( d. . ) , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . , ) , ( d. . . . . ) , ( d ▪ . ) , ( p. . d. . ) , ( d. . ) e. . richard ward chivaler , , ( d. . ) h. . roger la warre ▪ , ( d. . , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . . ( d. . ) , ( d. . . ) , ( d. ) , ( d. . ) e. . ● robert la warre , ( d. . ) e. . iohn la warre , ( d. . . ) , ( d. . . . ) , ( d. , . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . iohn la warre , ( p. . d. . ) e. . rich : de la warre , ( d. ) e. . roger de la warre , , ( d. . ) , ( d. . ) e. . iohn la warre , , ( d. . ) , ( d. ▪ ) , ( d. . ) , ( d. . . ) . ( p. . d. . ) e. . , ( d . ) , ( , . ) , ( . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ( , p. . d. ) r. . magister tho. de la warre , , ( d. . ) r. . . ( d. . ) , ( p. . d. . ) , ( d. . ) , ( p. . d. ▪ p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d , . ) , ( d. . ) h. . , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . reginald la warre chivaler , ( d. . ) , ( d. . ) h. . robert de watevill , , ( d. . ) e. . , ( p. . d. . . ) , ( d. . . . ) , ( d. . ) , ( d. . ) e. . adam de welle , welles , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. ) , ( d. . ) e. . , ( d. . . ) , ( d. . . . ) , ( d. . . ) , ( d. ) e. . adam de welles , de welle , , ( d. ● . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . p. . d. ▪ . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. . ) , ( p. . d. . p. . d. . . ) , ( p. . d. . ) , ( p. d. . ) e. . iohn de welles , ( d. . ) , ( d. . ) chivaler , , ( d. . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , ) , ( d. . ) , ( d. . ) , ( d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( d. . ) r. . , ( d. , ) , ( p. . d. . ) , ( d. . ) , ( p. . d. . p. . d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) h. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) ● , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . leonel , leonard de welles , chivaler , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. ) h. . richard welles dominvs de willoughby , miles , ( d. . ) , ( d. ) h. . , ( d. . ) , ( d. . ) . ( d. , ) , ( d. ) e , . iohn wenlock de wenlock chivaler , , ( d. . ) , ( d. . ) , ( d. . ) e. ▪ thomas de west , ( p. . d. , ) e. . thomas west chivaler , ( p. . d. . p. . d. . ) h. . reginald west chivaler , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. , ) , ( d. . ) , ( d. . ) h. . richard west chivaler , ( d. . ) h. , , ( d. ▪ ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) & ( d. . ) e. . iohn de whitingdon , ( d. ) e. . thomas de wodestoke , ( d. . ) e . richard woodvill , wodevill , miles , dominvs de rivers , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) h. . , ( d. . ) e . anthony wodevill , dominvs de scales , ( d. . ) chivaler , ( d. . ) h. . iohn de wylington , wyllington , ( d. ) , ( d ▪ . . ) , ( d. . . ) , ( p. . d. . p. . d ▪ . . ) , ( p. . d. . ) , ( p. . d. . ) e. . ralph de wylington , , ( p. , d. . ) e. . adomar de wylington , ( d. . ) e. . robert de wilghby ( wylug●by , ( d. . . ) e. . iohn de wyloughby wiloughby , willoughby , ( d. . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( p. . d. . ) , ( p. . d. ) , ( p. . d. . ) , ( p. . d. , ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) , ( p. . d. . ) , ( p. . d. ) , ( p. . d. . ) , ( p. , d. . ) , ( p. . d. . p. . d. . ) , ( ● . . d. ) de eresby , ( p. . d. . ) , ( p. . d. ) , ( d. . ) , ( d. . ) , ( d. , . ) , ( d. . ) ▪ ( d. . ) , d. . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. ) , ( d. . ) , ( d. . ) e. . william de wylughby , ●d . . ● e. . robert de wyloughby ( d. . ) , ( p. . d. . ) e. . , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. ) , ( d. ) , ( d. . ) r. . william de wyloughby , ( p. . d. . ) , ( p. . d. . ) , ( d. . r. . , ( d. . ) , ( p. . d. . ) , ( d. ) , ( p. . d. . p. . d. . ) , d. . ) , ( d. . ) , ( d , ) h. . ) robert de willoughby , ( d. ) , ( d. ) h. . , ( d. . . ) , ( d. . ) , [ d. ] , ( d. . ) h. . robert wyloughby chivaler , ( d. . ) , ( d. . ) , ( d. . ) , ( d. ) , ( d. ) , ( d. . ) ( d. . ) , ( d. ) h. . william de wyndesore , ( d. . ) , ( d. . ) , ( d. . ) r. . z alan de la zusche , zousche , zouche , , ( d. . ) , ( d. , ) , , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . ) ▪ , ( d. . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . . ) , ( d. , . ) , ( d. ) , ( d. . . ) , ( d. . ) e. . will : la zousche ( another , not of haringworth ) , ( d. . ) . ( d. , . ) , ( d. . ) , ( d. , . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . . ) , ( d. . ) e. . william la zousche de haringworth . ( d. . ) , ( d. . . . ) , ( d. . ) , ( d. . ) e. . , ( p. ● . d. . . ) , ( d. . ) , ( d. . ) , ( d. . , , , ) , ( p. . d. . . p. . d. . ) , ( d. . . . . ) , ( p. . d. . ) , ( d. . ) , ( d. . . ) . ( d. . . ) , p. . d. . . ) , ( p. . d. . ) , ( p. . d. . . ) , ( p. . d. , , ) , ( p. . d. . ) , ( p. . d. , p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . ) , ( p. . d. . p. . d. . ) e. . william la zousche de castro rici ( d. . ) e. . , ( p. . d. . ) , ( d. ) e . william la zousche de mortuomari , mortymer , ( d. . ) , ( d. ) , ( d. . . . ) , ( d. . . p. . d. ) , ( d. . . . ) , ( p. . d. ) , ( d. ) , ( d. ) , ( d. . . ) e. . william la zouche de asheby , ( d. . ) e. . william la zousche de haringworth iunior , ( p. . d. ) , ( p. . d. ) , ( p. . d. ) , ( d. . ) , ( d. ) , ( d. ) , ( d. , ) , ( d. . ) , ( d. ) . ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) . ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. . ) , ( p. . d. . ) e. . , ( d. ) , ( d. . ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d , . ) , ( d. ) , ( d. . ) , ( d. ) , ( d. . ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( p. . d. ) r. . william la zouche de haringworth , ( p. . d. ) , ( d. ) , ( p. . d. . p. . d. . ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) h. . , ( d. . ) , ( d. ) h. . william la zouche de haringworth , , ( d. ) , ( d. ) chivaler , ( d. ) , ( d. ) , ( d. ) ( d. ) ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) , ( d. ) ▪ ( d. ) , d. . ) h. . , ( d. . ) , ( d. ) , ( d. . ) e. . as these last alphabeticall , chronologicall tables will be very usefull to all heraulds , and the ancient nobility of the realme , and adde much luster to mr. brookes his catalogue of nobilitie ; mr. vincent his discovery of the errours therein , iames york his union of honours , william martyn his succession of the nobility of england at the end of his history , and other writers of our nobility ; ( who were * originally hereditary for the major part ) so by the serious perusal of the later of them , you may clearly discern beyond all contradiction , . that there are at least . laymen in the later catalogue summoned only once , and no more hui once , by our kings at sundry times , to several parliaments and * great councels of the realm , by the self same general writs of summons as the earles , peers , and barons of the land were summoned , and enrolled amongst them in the lists of summons and resummons ; and specially commanded by their writs , quod personaliter intersitis nobiscum , ac cum praelatis , & caeteris magnatibus & proceribus dicti regni nost●i , super negotiis praedictis tractaturi , vestrumque consilium impensuri , &c. yet neither themselves , nor any of their name or posterity were ever summoned afterwards to any other parliament or great councill , for ought appears by the clause rolls , and lists of persons summoned . . that there are at least . others of them , thu● summoned by general writs , and listed amongst the names of the temporal lords , barons , and great men , some of them only , to . others of them , to . others , to . others , to . or . parliaments and great councils at several times ; yet not one of them , or their progenie afterwards called by writ to any succeeding parliaments or councils . . th●t iohn ap adam was called by writ to no lesse then . successive parliaments and grand councils of the realme , under king ed. . . and . roger de banent to . under ed. . and . guido de bryan to . under e. . and r. . iohn de claverings to . under e. . . and . philip de columbariis to . under e. . and . sir william herne to . under e. . r. . and h. . as likewise walter de manny , iohn de la mare , nicholas de meyvill , thomas de musgrave , iohn somery , henry de teyez , thomas vhtred , and some others , summoned by general writs , to sundry parliaments and councils , by one or more of our kings ; yet they and their posterities of the same name , were afterwards totally omitted out of the writs , and lists of summons , and never summoned again in succeeding times . . that gilbert and william de acton , richard and william de aldeburge , gilbert and william de aton , ( perchance the same with acton ) robert and william de felton , john , richard , and matthew fitz iohn , ralph and robert de grendon , robert and alexander de hilton , adam and thomas de novo mercato , hugh and hugh de sancto phileberto , giles and richard de playez , miles and nicholas de stapleton , william and theobald trussell , william and john tuchet , to omit others , were successively summoned to one , two , or three parliaments , great councils , not immediately succeeding each other , but some good distance of years and time after the other , ( during which , many parliaments and councils intervened , to which none of them were called by writ ) and then totally omitted ▪ none of their name or posteritie ( for ought appeares ) being ever summoned again , as the last table visibly demonstrates . from which . particulars , i conceive it experimentally evident beyond dispute , that as the kings writs to his counsell , justices , and other assistants ( mentioned in the next section ) did neither constitute them nor their issues , peers or barons of the realm , nor assistants for life , though they sat , advised with the king & lords upon all weighty occasions in the lords house : ) and as the elections , retornes of knights , citizens , burgesses , barons of ports , by the kings writs of summons to parliaments , and their sitting , voting in the commons house in one or more parliaments , for which they are elected ; ( though seconded with the kings writs for levying their expences after the parliaments ended ) do neither create them knights , citizens , burgesses , barons of ports , nor members of the commons house , during their own lives , much lesse their issue males in succession after them , but only during the session and continuance of these particular parliaments and councils for which they are elected and retorned ; which being once ▪ determined , they presently ceased to be knights , citizens , burgesses , barons , in any succeeding parliaments or councils , unlesse newly elected and retorned to serve in them by the kings new writs , as our a law books and experience resolve : so , the kings generall writs of summons directed to knights , gentlemen , and other laicks , who held not by barony , and are no lords nor barons by special creations , or descent from their ancestors , to treat with the king and the rest of the lords and great men in the lords house , and their sitting therein once , twice , or oftener , by vertue of such writs , doth in truth and reality neither make , nor create themselves , nor their heires males after them , in point of law or right , either peers , lords or barons of the realm for life , or inheritance , nor give them ( much lesse their issues after them ) a right of summons to , or voice amongst those who are reall peers and lords by tenure , creation or descent , in all succeeding parliaments ; but only a temporary right to treat and advise with the king and other lords in those parliaments and councills to which they are particularly summoned , and not in any others ; as it did in the cases of abbots , priors , and other ecclesiastical persons thus summoned to , and sitting now and then in the lords house , but holding no lands by barony , whose general writs of summons to , and session in parliaments and councils made neither themselves during their lives , nor their successors after them , actuall peers or barons of the realm , as b sr ed : cook , & c others acknowleg , and i have d elsewhere proved , there being the self same reason , and by consequence the self same law in both cases ; else our kings ( by e sir edwards own doctrin ) had been and should be bound ex debito iustitiae to summon every one of those knights and laymen once summoned to , and sitting in any of their parliaments , and great councils ( by vertue of their general writs , without any other creation ) during their natural lives , and their beires males being of full age after their deaths , to all succeeding parliaments and councils , and ought not to have omitted them out of the lists of summons at their pleasures , and their posterities after them in all succeeding parliaments , as we experimentally find they did , without the least question , claim or complaint made by them or their heirs , for ought i find in records or histories . whereas not only the earles and barons in the parliamentary great council at london under king f henry the . ann. . refused to grant any aid , or act any thing therein , because all the barons were not at that time summoned to parliament , as they ought to be by the tenour of magna charta ; but even other succeeding parliaments have done the like ; and in the parliament of . caroli g an. . the earle of bristoll , being a peer of this realme , and not receiving a summons to parliament , according to the priviledge of his peerage : thereupon compiained thereof to the lords house : who referring the buisnesse to their committee of priviledges ; vpon the earl of hertfords report from the committee ; the lords resolved it necessary for them to beseech his majesty , that a writ of summons might be sent to this earl , and also to such other lords whose writs are stopped ; except such as are made uncapable by judgment of parliament , or some other legal judgment . whereupon writs were issued to them ; it being a great intrenchment upon the liberty , priviledges , and safety of the peers of the land , and of dangerous consequence for the king at his pleasure to omit any of them out of the writs of summons , keep back their writs , or restrain them from the parliament after their receit ; as they then resolved in his case , and the * earl of arundels likewise the same parliament . . from this table we may discern the observation of learned sir * he●ry spelman in his glossary , touching the summons of the greater english barons to parliaments , to be in a great measure justifiable . denuo autem crebra bella & simultates , quas reges veteres aliquando habuere cum his ipsis maioribvs svis baronibvs , alios etiam eorum interdum omitterent , alios vero non barones , ad parliamenta evocarent , habitique sunt deinceps perpetvo omissi pro non baronibvs , evocati contra baronvm titulo salutantur . aegrè hoc ferentes proceres , johannem adigere sub magno sigillo angliae pacisci ; vt archiepiscopos , episcopos , abbates , & majores barones regni , sigillatim per literas sommoniri faceret . quod autem adeo neglexit henricus . vt cum ipsemet ( anno regni sui . ) ducentas quinquaginta baronias in anglia numerasset , vocaretque ad parliamentum an●o . regni sui . . praelatos ecclesiae , laicos tantum , barones . . accersivit ( the rest were newly slain in the battle of evesham , or in actual rebellion , which was the true cause hereof ) ut ●è schedis constat ejusdem parliamenti . neglexit utique edovardus i. multos quos vocass●t hen. . etiam silios plures , quorum ipse partes admisissit , aliis interim introductis . sic antiqua illa baronum dignitas , secessit sensim in titularem & arbitrariam , regioque tandem diplomate id●irco dispensata est ; to wit , by his speciall * patents of creation , with particular clauses granting them and their heires males , ut eorum quilibet sedem et locum in parliamentis nostris et h●redum et successorum nostrorum , infra regnum nostrum angliae tenendis , inter alios barones , vt baro , &c. not by any generall writs of summons , which have not the word baro in them . . that although some of our ancienter kings , as henry the third ( to settle peace after the battle of lewes , and barons wars ) claus. . h. . d. . . cedula , king edward the . and . in some of their parliaments , and king edward the d. in his great councill , cl . . e. . d. . did upon extraordinary occasions and necessities , summon not only sundry abbots , priors , and ecclesiasticall persons , but likewise divers laymen ( of great estates , wisdome , parts and abilities ) who were no peers , lords nor barons of the realme , by tenure , patent or descent , by the self same form of generall writs as they summoned the bishops , abbotis , spiritual and temporal lords , who were reall peers and barons of the realme ; vobiscum , &c. & nobiscum , & cum caeteris praelatis , magnatibus , & proceribus super dictis negotiis ●ractaturi , vestrumque consilium impensuri , &c. and that only once , twice , thrice , or perchance oftener , never summoning them nor their heires or successors afterwards , or very rarely : so it is observable , . that they did it very seldome , upon extraordinary emergent necessities ; not customarily , or frequently . ly . that they did it not out of any affront or opposition to the antient hereditary , reall , spiritual or temporal lords , peers and barons of the realm , to seclude , overvote , baffle , disparage all or any of them ; but by their advise , consents and approbation , as the writs , rolls , attest , ly . that their numbers usually , ( except in h. . when a most of the barons were slain at evesham , or in actual armes against the king ; or when some extraordinary aid , advise or assistance was required of them ) were not very great nor considerable ; the antient spiritual , and temporal lords and barons , being usually double , treble , quadruple to them ; and for the most part , six or ten to one , as you may easily discerne by comparing their names in every list of summons . ly . that there are very few presidents under king edward the . of an● con●iderable numbers of such spiritual or temporal persons called to his parliaments , but only to one general councill , in e. . d. . ly . that after king edward the d. his reigne , there is not one president of any archbishop , bishop , abbot , prior or religious persons , summoned to any parliament to my remembrance , but only of those who held by barony , and were constantly summoned as spiritual peers to all our parliaments . and very few presidents , if any , of a knight , gentleman , or other layman whatsoever , summoned by any general writs to the lords house , to treat and consult together with them , unlesse they were ancient earles , lords , or barons of the realm , or newly created such by special patents , before their summons , or by special clauses of creation in the wri●s by which they were summoned , as all the lists of summons in the clause rolls , the precedent table , the statutes of r. . stat. . c. . h. . c ▪ . and mr. martyns catalogue of them at the end of his history , clearly manifest . ly . that in my best observation there is no president from h. . till the last parliament of king charles , nor in any age before , where any of the ancient nobility , peers , lords or barons of the realme , at least any considerable number of them , ( unlesse such who were actually outlawed , or attainted of high treason , or b absent in forreign parts , or in actual service in the wars , or under age ) were omitted out of the writs of summous , or secluded from sitting in the lords house in any parliament by force or frand , ( unless by c mor●imer , in the parliament at salisbury , an. . e. . and in r. . ) nor of others , who were no real lords , peers by patent , tenure , or other legal creation , summoned to the lords house out of england ( much lesse out of scotland and ireland ) to supplant them , or supply their places , under any name , notion , or pretext whatsoever . neither were they or any of them , secluded , disinherited of their seats , votes , peerage in parliament , d without or before the least legal hearing , trial , impeachment , or conviction whatsoever , of any capital crime which might for●eit their peerage , against all the great charters , statutes , records , declarations , orders , ordinances , votes , protestations , oathts , covenants , ( mentioned in my plea for the lords , and house of peers ) which ratifie and perpetuate this their birthright to them and their posterities , and the very law of all nations . ly . it is very observable , that both houses of parliament in their propositions sent to king charles at their last treaty with him in the isle of weight , to prevent the creation and introduction of any new lords into future parliaments , to the prejudice , seclusion , or overvoting of the ancient nobility , or commons house , did amongst other things propound . d that by act of parliament , all lords and peers made by the king since edward lord littleton deserted the parliament , and carried away the great seal the . of may , . should be unlorded , unpeered , set by , and their titles of honour , patents , revoked , declared null and void to all intents , and never hereafter put in use . and that no peer which should be hereafter made by the king , his heires or successors ( who have onely and solely a just , legal power to create them , and none else , as they hereby declare ) shall sit in the parliament of england without consent of both houses of parliament . which the king then fully and freely consented to without any limitation or exception whatsoever . since which proposition of both houses , and concession by the king , how any person or persons who assented to , or approved thereof in any kind ▪ as reasonable , or beneficial to the publick ; without any special patent or creation from the king , his heires or successors ; and without the consent of the house of lords , and ancient peers of the realme ( the only proper members of & * iudges in it ) & of the commons house , ( yea against both their consents and approbations ) can justly , by any other authority , patent , writ , or instrument whatsoever , assume unto themselves the titles of lords or barons of the realme , or of the lords house it self ; to the disseasing , disinheriting , suppressing of the ancient undoubted peers and house of lords : or how any who have voted down , declared against , and abolished the lords and lords house , in sundry e printed papers , as uselesse , dangerous , inconvenient , oppressive to the people , obstructive to the proceedings in parliament , and the like ; and afterwards by several votes , and printed f new knacks , took and subscribed themselves , and prescribed to all others under severest penalties , a publick engagement , to be ●rue and faithfull to the commonwealth of england ▪ as it was then established , ( as they thought by themselves , though the event soon after proved the contrary ) without a king or house of lords ; can or dare become this very selfsame vselesse , dangerous , oppressive , obstructive , grievance , &c. themselves ; and against their own votes , declarations , acts , subscriptions , engagements , stile or assert themselves to be either real lords , or an house of lords , without the greatest praevarication , contradiction to , and apostacy from their own former principles ; or how they can ever probably expect that either the ancient lords or commons of england should submit unto them as such , let their own judgments , consciences and reasons resolve them . the rather , because divers of the earles , nobles made by king stephen were stiled , yea deposed as meer imaginary , false earles and lords , ( quosdam imaginarios et pseudo-comites ) and both their titles and crown lands given them by stephen ( though king de facto ) resumed by king henry the . right heir to the crown , because stephen was an usurper ; & chartae invasoris praejudicium legitimo principi minime facere deberent , as the chronicle of normandy , the book of the abby of waverly , a mr. selden out of them ; b gulielmus neubrigensis , and chronicle of bromton . col. . inform us . whose president may justly deterre them from any unjust disseisin of the ancient lords , and setting themselves in their places . and thus much for my observations on , and from the writs in this second section . section . of writs of summons to the kings counsil and other ordinary assistants to the lords in parliaments and parliamentary councils ; with annotations on them . the next writs of summons after those to the spiritual and temporal lords entred in the antient clause rolls , are those to the kings counsil , different only in one or two clauses from the former , in which else they usually accorded . these persons commonly summoned to parliaments as the kings counsil by distinct writs from the lords , as ordinary assistants both to the king and them in all causes , controversies , questions of moment , were mostly the kings great officers , as well clergymen as secular persons , who were no lords nor barons of the realm ; as namely his treasurer , chancellor of the eschequer , judges of his courts at westminster , justices in eyre , iustices assignes , barons of his eschequer , clerks , secretaries of his counsil , and sometimes his serjeants at law , with such other officers and persons whom our kings thought me●●o summon . the first writ of this kinde i yet find extant in our records is thus entred in clause e. i. dorso . rex dilecto & fideli suo gilberto de thornton , salutem : quia super quibusdam arduis negotiis , nos & regnum nostrum , ac vos , coeterosque de consilio nostro tangentibus , quae sine , &c. ( ut supra ▪ p. . ) vobis mand●mus in ●ide & dilectione quibus nobis tenemini , &c. ( ut supra , in mandato episcoporum , p. . usque in finem ) teste ut ibi . eodem modo mandatum est , justiciariis de utroque banco , & de itinere , justic. assignatis , justiciar , juratis de consilio , baronibus de scaccario , et aliis clericis de consilio , quorum nomina inferius annotantur , viz. gilb● de thornion , ut supra rogero brahazon magistro iohanni lovell iohanni de metingham willielmo de bereford petro malorre hugoni de cressingham willielmo de ormesby willielmo de mortuo mari roberto de swillington roberto de ratford . iohanni de insula iohanni de cobham willielmo de carleton petro de leycestr . magistro iohanni de lacy philippo de willughby decano lincoln magistro h. de newwerke decano ebor. magistro i. de derby , decano li●hf . roberto de hertford iohanni de berewik iohanni de lichegreyns hugoni de cave ade de crokedayk willielmo inge henr. de enfeld iohanni de bosco iohanni de batford willielmo haward osberto de spalding●on rogero de burton magist. gerard de wyspayn● archid. richm. magistro i. de crancumb , archid. estrid magist. rob : de redeswell magist. w. de grenefeld magist. regi . de brandon magist. w. de kilkenny gilberto de roubury magistro petro de dene . in clause e. . d. . there is no writ at all to the counsil ; but after the writ at large to the earl of cornwall , followes , consimile mandatum habent singuli comites , barones , et milites subscripti , viz. &c. and after the earls and barons names with a lines space between them , the justices names follow , with milit●s in the margin , in this order . rogerus brabazun willielmus de bereford petrus malorie iohannes de leithgreines iohanneo de cobham adam de crokeda●k henr. de euefeld iohannes de bosco ▪ bogo de knouill willielmus iuge iohannes de insula willielmus haward henr. spigurnel ; without any others of the clergy . the next writ on record is this of claus. . e. ● . d. . rex dilecto & fideli suo rogero de brabazon , salutem ; quia super negotiis nostris ultramarinis vobiscume et cum caeter●ls de consilio nostro habere volumus colloquiunt et tractatum . vobis mandamus in fide e● dilectione quibus nobis tenemini firmiter injungentes , ●uod prima dominica , &c. ut supra ( to the archbishop , p. , . ) teste ut supra . consimiles li●erae diriguntur subscriptis , viz. more ▪ justices and others , most of them the same as in the . former lists . the . writ is this of claus. e. . dors . . rex dilecto et fideli suo philippo de wyllughby cancellar . scaccarii sui , salutem . quia ad salvationem coronae nostrae & communem utilitatem popul● regni nostri s●cunda die dominica quadragesimae prox . futur . londini parliamentum tenere , & vobiscum , et cum caeteris de consilio nostro , super negotiis nos et idem regnum nostrum contingentibus speciale colloquium habere volumus et tractatum . vobis ma●damus firmiter injungentes , quod ad praedictos diem & locu●● &c. ( ut supra , p. . to the earl of cornwall . ) t. ut supra . consimiles literae diriguntur subscriptis , viz. rogero brabazun , and justices and lay-men more , whereof iohanni de havering justic. northwalliae , and hugoni de leominster thesaur . de karnarvan , are two ; and to clergymen , of them archdeacons , and of them deans . the total number of them being . the th and th writs of this nature are thus registred one after the other , clause e. . d. . rex dilecto clerico suo magistro reginaldo de braundon , salutem . quia super jure et dominio quae nobis in regno scotiae competit , & quae antecessores nostri reges angliae in eodem regno scotiae habuerunt temporii bus retroactis , cum iurisperitis , et cum caeteris de consilio nostro speciale colloquium habere volumus et tractatum . vobis mandamus firmiter injungentes , quod modis omnibus sitis ad nos apud lincoln . in octabis sancti hillar . prox . futur . nobiscum , et cum caeteris de consilio nostro super praemissis tractatur . vestrumque consilium impensur . et hoc sicut nos et honorem ac commodum regni nostri diligitis nullatenus omittatis ▪ t. rege apud le rose die septembris . consimiles literae diriguntur subscriptis , videlicet . magistro willo . de grenfeld decano cicestr . magistro r. decano sancti pauli london . magistro willo . de sardene offic , cantuar. magistro roberto de radeswell archid. cestr. magistro petro de insula decano wellen. magistro iobanni de derby decano lichf . magistro iohanni de crancumbe archid. estriding . magistro pho. martell . magistro willo . pikering magistro robert● pikering magistro willo de kilkenny magistro rico. de plumpsted magistro thomae de lugore magistro petro de dene . magistro iohanni de lacy. rex dilecto & fideli suo johanni de metingham , salutem . quia nuper de quibusdam arduis negotiis nos et statum regni nostri tangentibus in octabis sancti hillarii prox . futur . apud lincoln . speciale colloquium ●abere volumus , & ●ractatum . vobis mandamus firmiter injungentes , quod ad praedictos diem & locum modis omnibus personaliter intersitis , nobiscum , & cum caeteris de consilio nostro super dictis negotiis tractatur . vestrumque consilium impensur . et ●oc nullatenus omittatis . t. rege apud le rose , die septembris . consimiles literae diriguntur subscriptis , viz. rogero brabazon willo . de ormesby gilberto de roubyry willo de bereford elie de beckingham willo : haward petro mallore willo : de carleton pho : willughby canc. scac. petro de leicestr . johanni de insula . ade de crokedayk joh : lovel de snotescumb willo : juge henr : de gildeford rogero de hegham johanni de betesford henr : spigurnell hugoni de leominster thesaur . de karnarvan . roberto de retford j : de havering iusti● . wall. immediately after which followes this writ to the chancellor and university of oxford . rex dilecto sibi in christo cancellario et universi●ati oxon. salutem . quia super jure et dominio quae no●is in regno scotiae competit , & quae antecessores nostri reges angliae in eodem regno scotiae habuerunt , temporibus retroactis cum iurisperitis et ceteris de consilio nostro colloquium habere volumus et tractatum . vobis mandamus firmiter injungentes , quod quatuor vel quinque de discretioribus et in ●ure scripto magis expertis universitatis praedictae ad parliamentum nostrum apud lincoln mittatis . ita quod sint ibi in octabis sancti hillarii prox . futur . ad ultimum , nobiscum & cum caeteris de consilio nostro super praemissis tractaturi , suumque consilium impensuri ; et hoc sicu● nos & honorem ac commodum regni nostri diligitis nullatenus omittatis . t. rege ut supra . eodem modo mandatum est cancellar . et universitati cantebr . quod mittant ad dictum parliamentum duo vel tres de discretioribus et magis in ●ure scripto expertis , &c. then follows a writ to sundry abbots , priors , deans and chapters , ( with the same recital ) quia super iure & dominio , &c. ( as in the last ) de mittendi● chronic ad parliamentum &c. of which in its due place , more fully . the occasion and result whereof , and of sending these lawyers from the universities to the parliament , you may read at large in matthew westminster . anno . p. . to . and in thomas de walsingham . hist. angl. p. . to . before i proceed to the ensuing writs , i shall here observe , . that this recital , quia super jure & dominio quae nohis in regno scotiae competit , &c. is not mentioned at all in the writs of summons to the archbishops , bishops , abbots , priors , temporal lords , justices , or sheriffs of counties ; but only to the clergy-men of the kings counsil , vniversities , and to those abbots , priors , deanes and chapters , who were to search and send their chronicles to the parliament , that had any thing in them concerning the kings right to scotland . ly . that ( for the honour of my quondam nursing mother the university of oxford ) she is here preferred before the vniversity of cambridge ; and her chancellor and she enjoyned to send . or . of the discre●test and most exact lawyers of the said university to the parliament , to treat with the king and the rest of his counsil , concerning his ancient right and dominion to the realme of scotland ; whereas the chancellour and vniversity of cambridge , are commanded to send only . or . such lawyers of it for that purpose . ly . that these lawyers sent from the universities upon this special occasion , were only extraordinary assistants , there being no such president of any thus sent to succeeding parliaments . the . writ of this kind is in claus. . e. . d. . rex dilecto● & fidelissimo suo rogero la brabazun , salutem . quia super quibusdam arduis negotiis , nos & totum regnum nostrum specialiter tangentibus , vobiscum & cum caeteris de consilio nostro habere volumus colloquium & tractatum , vobis mandamus firmiter injungentes , quod in octabis nativitatis sancti johannis baptistae prox . futur . ad ultimum apud westm. omnibus modis personaliter inters●●is * nobiscum , super●dictis negot●is tractatur ▪ vestrumque consilium impensur . & hoc nullatenus omittatis . t. rege ut supra . p. . consimiles literae diriguntur subscriptis , viz. . more judges and others , mentioned in the former catalogues . anno. . e. . dors . . there is no writ to the assistants entred in the roll : but . of them only ( justices and clergy-men ) are named in the eodem modo , after the lords and great men , with a●little space between their names for distinction sake . the next writ of this kind is thus briefly registred , claus. . e. . dors . . rex dilecto & fideli suo rogero● le brabazun , salutem . quia super quibusdam , &c. ut supra , usqu● ibi vobiscum & cum caeteris fidelibus nostris &c. & magnatibus , &c. teste rege ut supra . p. . . eodem modo scribitur subscriptis . viz. . more justices , clerks , and others . in claus. . e. . d. . there is no writ : but after the earles and barons writ and names , followes this entry , eodem modo mandatum est subscriptis . viz. willielmo iuge and . others , whereof . only were clergy-men . the next writ is in claus. . e. . dors . . rex dilecto & fideli suo rogero de brabazon , salutem . quia &c. ut supra ( p. . ) vobis mandamus firmiter injungentes , quod dictis die & loco omnibus aliis praetermissis personaliter intersitis ibidem , nobiscum & cum caeteris de consilio nostro super dictis negotiis tractatur . vestrumque consilium impensur . & hoc nullatenus om●ttatis . t. r. apud westm. x. die martii . consimiles literae diriguntur , to . others , justices , and lay-men , and but to . clerks . in claus. . e. . d. . . schedula , there are . writs of the same forme with the last . * the . to roger de brabazon , and . others , whereof one only was a clerk. the . to him , and . others , whereof . were clerks : the d. to him and . others , whereof . were clerks ; and two others escheators , the one ultra trentam , the other citra trentam ; the th . to him and . more , the one of them a clerk. the next writ is in claus. . e. . dors . . somewhat different from the former . rex dilecto & fideli suo willielmo de bereford , salutem . quia super diversis & arduis negotiis nos & statum regni nostri specialiter tangentibus in instanti parliamento nostro die dominica prox . ante festum sancti laurentii prox . futur . fecimus summoneri , vobiscum , & cum caeteris de consilio nostro colloquium habere volumus & tractatum , vobis mandamus firmiter injungentes , quod omnibus aliis praetermissis dictis die & loco personaliter intersitis , nobiscum & cum caeteris de consilio nostro super praemissis tractaturi , vestrumque consilium impensur . et hoc nullatenus omittatis . t. ut supra . ( ●p . eodem modo scribitur subscriptis . viz. . lay-men more . claus. . e. . d. . the kings counsill , clerks and judges , are thus entred in the eodem modo scribitur subscriptis , after the earles and lords , with a lines space between them , and this distinction made between them in the margin of the roll. iohanni de sandale iohanni de merkingfeld waltero de norwico iohanni abell magistro ricardo de abyndon magistro iohan. de everdon magistr . roberto de pickering magistro iohanni de nassington senior ; rogero brabazon willielmo de bereford gilberto de roubury stephano de malo lacu waltero de thorp . magistro tho. de ▪ cobham . magistro golberto de middleton magistro tho. de loggore willielmo de goldington . iohan. de chaynell roberto de cliderhow iohan. de foxle roberto de re●ford . willielmo de ormesby henrico de stourton henr. le scroop iohan. de benstede iohan. de insula lamberto de trikingham iohan. de mi●ford henr. de guldeford iohan. de doncastr . willielmo inge henr. spigurnel . in claus. . e. . d. . there is such a writ to roger le brabazon , as the fore rehearsed ; with vobiscum & caeteris de consilio nostro , &c. twice repeated ▪ in it , and an eodem m●do mandatum est , to besides ; ( most of them in the preceding catalogues ) sub●data ●pud windesore , . die februar . when as the writs to the spiritual and temporal lords bear date thence . . die januar. claus. anno . e. . d. . there is a like writ issued to roger le brabazon and others . i find this memorable writ issued to willielmo de bereford chief justice of the common bench , claus. . e. . d. . varying from the first there issued to him and the rest of the coun●ill . rex dilecto & fideli suo willielmo de bereford . quia volumus vobiscum una cum caeteris de consilio nostro , in parliamento nostro quod apud lincoln . in quindena sancti hillarii prox . futur . secimus summo●eri super negotiis nos tangentibus habere colloquium & tractatum ; vobis mandamus firmiter● injungentes ▪ quod magis ardua negotia coram vobis & sociis vestris , in instanti termino sancti hillarii , cum omni deliberatione qua poteritis expediatis , ita quod sitis in dicto parliamento nostro , viz. sexto die post quindenam supradictam , ad tractandum ibidem nobiscum & cum caeteris de consilio nostro , super negotiis antedictis . onerantes dilectos & fideles nostros lambertum de trikingham , & iohannem bacun justiciarios nostros , & socios vestros de banco praedicto , quod residua negotia in banco preaedicto expediant , cum festinatione qua poterunt , sucundum legem & consuetudinem regni nostri . et hoc nullatenus omittatis . t. rege apud clipston . . die decembris . i find this memorable writ recorded in claus. . e. . dors . . rex dilecto & fideli suo iohanni de insula , salutem . cum pro diversis & arduis negotiis nos & statum regni nostri tangentibus ordinavimus parliamentum nostrum apud westm. die dominica prox . post festum sancti matthei aposteli prox . futur . tenere , & vobiscum & cum caeteris de consilio nostro super dictis negotiis habere colloquium & tractatum , per quod vobis mandavimus , quod dictis die & loco interlitis nobiscum , & cum caeteris de consilio nostro super dictis negotiis tractatur ▪ ac jam intelligimus , quod vos unà cum quibusdam aliis ad assisas tam in episcopatu dunolm . quam in diversis com. versus partes boriales capiend . certos dies statim post dictam diem dominicam praefixistis , unde plurimum miramur ; praesertim cum per captiones assisarum si durante dicto parliamento nostro procederent , negotia nostra in eodem tractanda possent non mediocriter perturbari . vobis mandamus firmiter injungentes , quod omnibus hujusmodi captionibus assisarum , & omnibus aliis praetermissis , dicta die dominica apud westm. modis omnibus intersitis nobiscum & cum caeteris de consilio nostro super negotiis praedictis tractatur . et hoc sicut indignationem nostram , & grave dampnum vestrum vitare volueritis , nullo modo omittatis . t. rege apud windesore , sexto die septembris . per breve de privato sigillo . eodem modo scribitur subscriptis , viz. thomae de fisheburn hugoni de louthre ricardo de berningham ade de middleton iohanni de dancastr . exceptis illis verbis , tam in episcopatu dunolmens . quam . from which writ is apparent ; . that the justices of assises were usually summoned by writ to parliaments , as members of the kings counsil ; as the words cum caeteris de consilio nostro , thrice repeated in it and in other writs , demonstrate . ly . that their summons by writ to attend and counsell the king in parliament ; was a super sedeas to them to take assises during the parliament ; and their proceeding to take assises notwithstanding , inconsistent with their attendance in parliament , yea a contempt and offence punishable by the king. ly . that the * assises and suits of private persons ought to give place to publick affaires of the king and kingdome in parliament , and to be deferred , when they may hinder or disturbe the affaires of parliament , or keep any members or assistants from their personal attendance in them , when summoned to them . in the clause roll of . e. . dors . . there is no writ at all to the kings justices and counsill ; but in the eodem modo , i find sundry of them here and there promiscuously inserted amongst the barons names , and not after them , as usually in other rolls , sc. iohanni de hotham , waltero de norwico , iohanni de foxle , rogero la brabazon , gilberto de roubery , willielmo i●ge , iohanni de insula , henr. le scrop , henr. spigurnel , iohanni benstede , lamberto de trikingham ; alwayes listed amongst the justices , and kings counsil in precedent rolls , and in e. . d. . the very next before this , and those succeeding it . in cl. . e. . d. . the counsil are coupled together with the barons in the eodem modo mandatum est , without any writ , with a space of distinction between them , all of them after the lords , without intermixture with them , being in all . in cl. . e. . d. . they are named only in the eodem modo , with a small distance after the lords , being in all . without any special writ entred . in claus. . e. . d. . in cedula , there is no special writ to any of the counsil entred , but only a list of their names in the eodem modo , being . in number , . of them escheators , vltra & citra trentam ; others of them deacons , archdeacons , clergy-men and iustices , with magistro iohan● de walewayn thesaur . regis . and likewise in claus. . d. . they are listed in the same manner , being but . whereof two were the escheators fore-named . and in claus. e. . dors . . they are listed in the same form being . and in claus. e. . d. . where they are . claus. . e. . d. . there issued a writ in the usual form , willielmo de bereford , and others , whereof . were escheators , and the dean and a canon of yorke two others ; cl. e. . d. . there is the like writ sent to him , and . more . cl. . e . d. . the like writ to him and . others . and cl. e. . d. . the like writ to him and . besides ; the dean of yorke being one of them , as in most of the precedent lists . cl. e. . d. . the writ issued waltero de norwico , and . more . in clause e. . pars . d. . there is this writ issued , somewhat different from the precedent . rex dilecto et fideli suo waltero de norwico , salutem . quia super magnis et arduis negotiis nos et statum regni nostri tangentibus , vobiscum , et cum praelatis , magnatibus et proceribus , ac cum caeteris de consilio nostro apud lincoln . in crastino exaltationis sanctae crucis prox . futur . colloquium habere ordinavimus et tractatum . vobis mandamus firmiter injungentes , quod omnibus aliis praetermissis dictis die et loco personaliter intersitis nobiscum , si interesse possumus , seu interveniente impedimento , deputandis à nobis , super dictis negotiis tractatur . vestrumque consilium impen sur . et hoc nullatenus omittatis . teste rege apud stanhope , , die augusti . eodem modo mandatum est subscriptis , viz. . thers there named . and in the same roll , dors . . there is the like writ to him , and . more only . the writ claus. e. . dorse . thus varies from the former . rex dilecto et sideli suo waltero de norwico , salutem . cum in parliamento nuper apud eborum convocato magna et ardua negotia proposita fuerunt , quae propter absentiam quorundam praelatorum , magnatum , et procerum regni nostri tunc non poterunt terminari ; super quibus et aliis diversis negotiis de assensu praelatorum , ac magnatum et procerum in eodem parliamento nostro tunc existentium , apud northhampton , à die paschae prox . futur . in tres septimanas parliamentum tenere , et vobiscum , ac cum praelatis , magnatibus , et proceribus regni nostri , et eum caeteris de con● silio nostro colloquium et deliberationem habere volumus . vobis mandamus firmiter injungentes , quod omnibus aliis praetermissis dictis die et loco personaliter intersitis , nobiscum super dictis negotiis tractatur : vestrumque consilium impensur . et hoc sicut nos ac honorem nostrum , ac salvationem regni nostri diligitis nullo modo omittatis . teste rege ut supra . eodem modo mandatum est , to x. more : the first of them magistro gilberto de middleton archid : northhampton . clause : of the same roll , there is the like writ ( different only in the recital , as to the archbishop , p. . ) to x. justices and assistants , the same with the former ; and so in dorse . in claus. e. . d. . there is no writ entred to the justices and counsil , but i finde them promiscuously inserted amongst the lords in the eodem modo mandatum est ; where i meet with magist : rico : erinm , ( perchance ermin ) magist : antonio de bek , decano ecclesiae beatae mariae lincolne , galfro : le scrop , wil●● : le herle , roberto de malberthorp , rico : de willug●by , iohi : de traverse , ade de herewinton , henry le scrop , roberto de wodehouse , archid : richmond , willo : le dennie , io●i : de cante●rigg rico : de aldeburge , magist. gilberto de middleton , archid : northampton , and rob. , baynard ; inserted into the list of the lords , being usually listed amongst the justices and counsil , in precendent and subsequent rolls . clause e. . d. . the writ runs in this most usual form , except in the recital . rex dilecto et fideli fuo roberto de wodehouss archid. richmond . thesaurar . suo , salutem . quia pro magnis et arduis negotiis nos et statum regni nostri multipliciter contingentibus , parliamentum nostrum apud winton die dominica prox . ante festum sancti gregorii papae prox . futur . tenere ; et vobiscum , ac cum caeeteris de consilio nostro habere colloquium disposuimus et tractatum . vobis mandamus firmiter injungentes , quod omnibus aliis praetermissis dictis die et loco personaliter intersitis nobiscum , ac cum caeteris de consilio nostro , super dictis negotiis tractatur . vestrumque consilium impensur . et hoc nullatenu● omittatis . t. ut supra , p. . eodem modo mandatum est subscriptis , viz. . more : ibidem , dors . . the like writ ( except in the prologue , qualiter , &c. as p. . ) issued to this treasurer , and the same . persons more : but in dorso . there is no writ entred , but only the names of . of the counsil , in the eodem modo after the lords , with a space for distinction . claus. e. . dors . . the writ issues ; dilect● & fideli suo galfrido le scrop , capitali iusticiario suo , &c. ( as p. . ) in the recital , and then in the usual form , as the precedent writ in the later clause : there being more names in the eodem modo : dorse . the like writ issued to him and x. more : both of them entred after the writs to the sheriffs and warden of the cinque-ports , ( usually registred before them , next after the writs to the lords in all precedent rolls , but frequently after them in most rolls after this . ) clause e. . d. . . & . there are three writs of this nature entred after those to the sheriffs and wardens of the cinque-ports , issued to this chief justice scrop , the first to , the second to , the third to more , justices and others . claus. e. . pars . dors . . the writ entred is to him , and . besides , after all the rest of the writs but one , ( as in many more ensuing rolls ) and so claus , e. . d. . to him and . more , whereof the chancellor of the exchequer is one , and the kings treasurer another . claus : e. . d. . the writ entred is to to the same geoffry le scrop , and others ; and dorse . to him and more : but in claus. . dors . , & . the writs enrolled issued , magistro roberto de stratford , archid. cantuar : and more in both lists , whereof roberto parnings , willo : scot , simoni trewosa , servientibus regis , are . these are the two first eodem modo mandatum est i meet with , wherein the kings serjeants at law were summoned to parliaments , who are last named in both these lists . clause e. . pars . d. . after the lords , are registred , with iustic : added to them , and besides . in d. . there is only this entry , eodem mode mandatum est dilecto cler. suo mro : joh : de ufford , mutatis mutandis after the lords names : to which . of the counsils & justices names are conjoyned without distinction , before this entry . but in clause e. . part . dorse . the writ entred is directed rob : de stratford electo cicestr . different in the recital from the writs to the temporal and spiritual lords in this membrana , and agreeing with that in claus. . pars . m , . to which it should refer : upon which account i shall transcribe it . rex dilecto clerico fuo mro . rob : de stratford , electo cicestr . salutem . quia super certis responsionibus solennibus nunciis nostris per nos ad partes franciae ultimo pro quibusdā negotiis nostris ibidē expediendis transmissis datis , necnon pro quibusdā aliis negotiis urgentis●limis , nos et statum regni nostri , ac aliarum terrarum nostrarum intimè contingentibus , cum praelatis , magnatibus , et proceribus regni nostri apud westm. die veneris prox . ante festum sancti michaelis prox . futur . ordinavimus habere colloquium et tractatum . vobis mandamus firmiter injungentes , quod omnibus aliis praetermissis dictis die et loco personaliter intersitis nobiseum , &c. ut supra . t. ut supra . eodem modo mandatum est , &c. to . more , most of them justices , and the chancellor of the eschequer . here a bishop elect is summoned as one of the counsil ; though usually summoned as a spiritual peer ; and the gardian of the spiritualties of the bishoprick of chichester , sede vacante , summoned in the list amongst the bishops , not this bishop elect , who is summoned as a bishop the next year and parliament ; claus. e. . d. . the writ issued galfrido lescrop and . more , wherof the kings treasurer , and chancellor of the exchequer , were two . claus. ● e. . pars . d. . the writ entred , issued iohanni de ston●re , with the same recital as p. , . and then quod omnibus aliis praetermissis intersitis cum dicto custo●e , et cum caeteris de consilio praedicto , super dictis negotiis tractatur . &c. eodem modo mandatum est to others , whereof the kings treasurer , and chancellor of the exchequer are two ▪ and the last robto : de sadyngton capitali ba●dni de scaccario : the first i observe summoned by this title . claus. e. . pars . d. . the writ entred is of the self-same form with the last : and to the same persons , though not listed in the same order ; and with this addition of regis , after staccario , to the chief baron . claus. e. . pars . d. . we have the same form of writ to stonore and more , the very same as in the two former lists : claus. e. . pars . d. . the like to him , those , and one more : and pars . d. . to him and more . the writ in claus. . e. . pars . d. . issued in usual form , dilcto et fideli suo roberto de parnings thesaurar : suo , and . others . claus. e. . pars . d. . roberto de sadington , and only . more . claus. e. . pars . d. . willo : scot , and but . more , cl. e. . pars . d. . willo : scot , quod personal●●er intersitis nabis●um si praesentes fuorimus ibidem ▪ seu cum custode dicti regni nostri si abesse nos contigerit , & cum caeteris de consilio nostro , super dictis negotiis , &c. and others , the two last roberto de thorpe servienti regis , henry de grene , servienti regis . claus. e. . pars . d. . willielmo de thorpe ( with the same recital , as to the archbishop , here , p. , . and the same seire vos volumus , quod dictum parliamentum non ad auxilia , &c. as in that writ : ) eodem modo mandatum est to others , the last the kings serjeants at law : namely roberto de thorpe servienti regis , henr : de grene servienti regis , willo : de notton servienti regis , thomae de seton servienti regis . claus. e. . pars . d. . the writ issued willo : de thorpe , and more , the last the kings serjeants forenamed . this writ is registred next after the lords : as is that in clause e. . pars . d. . issued to iudge thorpe , and more , the . last the kings serjeants forenamed . in claus. e. . pars . d. . the writ runs in this form . rex dilecto et fideli suo willo : de shareshull , salut : quia pro quibusdam arduis et urgen●ibus negotiis , nos , & statum , et bonum regimen regni nostri angliae , et aliarū terram̄ , et dominiorum nostrorum parl : nostrum apud westm. in octabis purificationis beatae mariae virginis prox . futur . tenere ; & cum praelatis , magnatibus , et proceribus dicti regni nostri angliae , & aliis de consilio nostro , colloquium habere volumus & tractatum . vobis mandamus , &c. personaliter intersitis nobiscum , & cum dictis praelatis , magnasibus et proceribus dicti regni , super dictis negotiis tractatur . &c. eodem modo mandatum est to . more , the last are the kings forecited serjeants at law : claus. e. . pars . d. . the same form of writ as the last , issued to william shareshull , and others , whereof the last are the . serjeants . claus. e. . d. . there are two writs registred one after another ; the first to shareshull , and justices more : the . dilecto clerico suo magistro iohanni de leech , and masters more . so claus. e. . d. . there are two distinct writs to the same parties , and to justices , and . more masters . in claus. e. . d. . there is only one writ to william de shareshull , of the same form with that of e. . and to more , whereof are the kings serjeants ; namely , thorp and notton forecited , willo : de skipwith , servienti regis , ioh : mowbrey servienti regis , last named . the same form of writ to him , & others is registred claus. e. . d. . wherein the kings said serjeants are last listed . claus. e. . d . there is the like writ to him and others ; where notton , skipwith , and mowbrey are listed without the addition of kings serjeants : claus. e. , d. . the like writ is entred to him , and others , without the addition of serjeants to those so stiled in former lists . the writ in claus. e. . d. . to william de shareshull and others , is only , & cum praelatis et caeteris magnatibus et proceribus dicti regni colloquium habere , &c. dictis die et loco personaliter intersitis nobiscum , et cum dictis praelatis , magn●tibus et proceribus dicti regni , &c. without the clause , & caeteris de consilio nostro , in either place , or any other part of the writ . so is the writ claus. e. . d. . henr : grene , and others : and claus : e. . d. . to him and . more ; and claus : e. . d. . to him , and but besides : and claus : e. . d. . iohi : knyvet , and more , wherof mro : thomae young offic : cur : cancell . is one● the first i find so stiled in the rolls : the like writ iohanni knyvet , is in claus : e. . d. . and others : and claus : e. . d. . ● claus : e. . d. . the same in forme , persons , number , without any clause cum caeteris de consilio nostro , in them . there is this form of writ in claus : e. . d. . different from the precedent . rex dilecto et fideli suo iohi : de cavendish , capitali justiciario suo , salutem . qui● pro quibusdam arduis , &c. ( ut supra , p. : ) teneatnr , et cum praelatis , magnatibus et proceribus regni nostri angliae tractatus et colloquium habeantur . vobis mandamus firmiter injungentes , quod omnibus aliis praetermissis , dictis die et loco personaliter intersitis nobiscum , si praesentes fuerimus ibidem , seu cum ricardo filio carissimi primogeniti nostri edwardi principis aquitaniae & walliae custode regni nostri angliae , et locum nostrum tenente in eodem regno , si abesse nos contigerit , et cum caeteris de consilio nostro , super dictis negotiis tractaturi , vestrumque consilium impensuri ; et hoc nullatenus omittatis . teste ut supra . without any eodem modo to others . claus. e. . d. . there is a writ issued to him , with a different recitall ( as p. . ) and a personaliter intersitis nobiscum , et cum caeteris de consilio nostro , with consimilia brevia to more justices : the like writ to him is in clause e. . dors . . with consimilia brevia to others , whereof two are masters : these writs are entred after those to the sheriffs , and before the writs to the warden of the cinque-ports ; as the like writ to him is , claus. e. . pars . dors . . with consimilia brevia to mo●e ; the two last mro : iohanni barnet , and mro : nicho de chaddeston , as in the last before . the next writs of this nature , are in claus : r. . dors : : claus : r. . d : . both directed iohanni cavendish , capitali justiciar : suo , and others in both rolls , with a personaliter intersitis nobiscum , & cum caeteris de consilio nostro super dictis negotiis tractaturi , &c. but that of claus : r : dors ; . runs thus : quod omnibus aliis praetermissis dictiss die & loco personaliter intersitis nobiscum , & cum caeteris praelatis , magnatibus , et proceribvs regni ▪ nostri de consilio nostro tractaturi , vestrumque consilium impensuri , &c. the like ordinary writ issued to cavendish and others : claus : r : : dorso : after which this form of writ is registred . rex dilecto servienti suo david hannemere , salutem : quia de avisamento , &c. usque tractatum ; tunc , mandamus firmiter injungentes , &c : quod di●tis die et loco personaliter intersitis ad faciendum pro nobis et expeditione negotiorum nostrorum quod ad tunc ibidem fuerit faciend : et hoc nullatenus omittatis . teste rege apud westm , die augusti . in the clause roll of . r. . dorso . the writ entred is directed roberto tresilian capitali justic suo , and more . claus. r ▪ . pars . d. . & . to him and others in both dorses . claus. r. . d. . & . to him and . others in both . claus. r. . d. . to him and . besides , claus. r. . d. . to him and more . claus. r. . d , . to him and others . claus. r. . d. . to him and more . claus. e. . d. . the writ issued waltero clopton capitali iustic . suo , and others . claus. r. . pars . d. . & cl. r. , d. . to him and more . cl. r : . d. . to him and others , whereof the chief baron of the exchequer was one . clause r. . d , . to him and others : and d : to him and . more . claus. r. . d. . to him and others . cl. r. . d : . to him and besides . claus. r. . d. . to him and more . cl. r . d. . and cl. r. . d. . to him , and others . the writ in claus : h : : d. . is directed waltero clopton capitali iustic : suo , and others : and still to the chief justice for the time being throughout his reign ; all or most of the rest of the assistants being justices , whose names you may find in the ensning table . the writ in claus : h : : dors : . issued willielmo hankeford capitali iustic : suo , &c. but that in dors : : willielmo gascoyne , capitali iusticiario suo , and others , most , or all justices , and so throughout his reign . in henry the . his reign , claus. h. . dors . . the writ is directed willo : hankeford capitali iustic : suo , and more justices ; and so in other years to the chief justice for the time being , and other justices . in cl. e : . d. . the writ issued iohi : markham and justices and lawyers besides ; and so throughout his reign to the chief justice and justices for the time being , and few else besides them . of later times both the chief justices , chief baron , and all the kings justices , barons of the eschequer , serjeants at law , the mr : of the rolls , & some masters of the chancery , have been usually summoned as assistants , to counsell and advise both the king and lords in all matters of law and difficulty , wherein their advice is necessary , as also to carry messages , bills and orders from the lords to the commons house , and return answers from them upon such occasions , when they please to return answers by them , and not by messengers of their own . usefull observations upon the precedent writs to , and concerning the kings counsil summoned to parliaments and parliamentary councils . it is observable , . that in many antient rolls and lists of summons to parliaments and parliamentary councils , there is no mention of any writs or summons at all to any of the kings counsil , justices , officers , or others , as there is in those forecited ; as namely in the summons in claus : h. . d : . e : . d. , , . e. . d. . e. . d. . e. . d. . . e. . d. , . e. . d. . e. . d. . cl. e. . d. . cl. e. . d. . cl. e. . d. , . e. . d. . e. . d. , e. . d. . , . e. . d. . cl. e . pars . d. . ● e. . p. . d. . e. . pars . d. . e. . pars . d , . e . d. . e. . d. . e. d. . e. . d. . & e. . d. . to omit others : which parliaments it seemes were held without any of the kings counsil , or justices summoned to them ; or else the clerks through negligence or slothfullness omitted the entries of their writs or names in all these rolls of summons : therefore they are no essential members of the parliaments or great councils of england , which may be held without them , being none of the . estates . ly , that there is no mention at all made of them in the usual ordinary writs to the spiritual or temporal lords , sheriffs , and wardens of cinque-ports ; in these most material clauses , parliamentum nostrum tenere , & vo●iscum ac ●um praelatis , magnatibus & proceribus dicti regni nostri angliae colloquium ha● bere volumus & tractatum : or the personaliter inters●●is nobiscum , ac cum dictis praelatis , magnatibus et proceribus dicti regni super dictis negotiis tractaturi , vestrumque consilium impensuri , which have never this clause , & cum ●aeteris de consilio nostro , inserted into them : therefore they are no essentiall constitutive members of our parliaments or great councils , but * assistants only to the king and lords , as there is occasion . ly , that those of the kings counsil summoned to parliaments and great councils by the precedent writs , were sometimes very many in number , somtimes very few , and alwaies more or less , at the kings meer pleasure . in the first writ and list of summons extant , they were no less than * , in some others above , in most under , usually in later times but , , , , or , sometimes but , , , or ; once or twice but one . sometimes most of them were deans , archdeacons , and other clerks or clergymen who had alwaies ▪ the title magistro , praefixed to their names both in the writs and lists of their names ; other times the major number were justices , laymen , and but two or three clerks : in later times the clergymen , were wholly omitted , or very rarely inserted , and that when they were treasurers , or temporal officers to the king : an unanswerable apparent argument and demonstraon , that they were no essential members of our parliaments or great councills , since the king might thus summon more or fewer of them , or which of them he thought fittest , and omit all or any , or as many of them as he would at his pleasure out of the summons . ly . that in all lists of summons of this kinde , the kings chief justices , and other justices of his courts at westm : and chief baron , were constantly summoned in more or less numbers , and the kings serjeants very frequently : yea the writs of summons entred in the rolls , were , for the most part , issued to the kings chief justice ; because there was most use of the justices and learned lawyers advice and counsel in parliaments in all matters of law there debated , in●writs of error there pending , in the penning of new , and altering , explaining , or repealing of former statutes ; in pleas of the crown , and other cases criminal or civil heard and determined in parliaments , than there was of inferiour clergymen of the counsil ; the archbishops , bishops , abbots , priors and spiritual lords there present as members , being sufficiently able to advise the king and temporal lords in all ecclesiastical matters there debated or treated of ; especially when assisted with the clerks of the convocation usually summoned , without any clergymen of the kings counsil . ly , that by the king and his counsil , vs and our counsil , * vs and the rest of our counsil , aliis ac caeteris de consilio nostro , in the precedent and other writs in the clause rols , the rolls of parliament , the afetrcited statutes , and other acts of parliament ; the kings justices and others summoned to parliaments and great councils as his counsil , not as spiritual or temporal lords ; are properly meant and intended , not the lords of the kings privy or continual council , nor yet the lords in parliament , or parliament it self ; the parliament in the writs of summons to the bishops , in the clause of praemunientes decanum , capitulum , archidiaconos , totumque clerum vestrae dioc : &c. and in the writs to the sheriffs & wardens of the cinqueports , being usually stiled , commune consilium regni nostri , as the clause , ad consentiendum hiis quae tunc ihidem de communi consilio regni nostri contigerit ordinari : inserted into the last part of these writs , informes us : and so is it stiled in the writ prescribed by the statute , de non ponendis in assis●s , anno e. . & in other writs grounded upon acts of parliament in the register of writs and natura brevium : or the kings common or general council , as in the stat : of vouchers e. . in the statutes of wast , & de defensione iuris , an : e : . and other printed acts ; and long before this , in pat. joh : r● : m. n. . pat. h : . m. . pat. h , . ps . . m. . and sundry other writs and patents in his reign ly , that although sir a edward cooke and others make this the chief or sole distinguishing cla●se , or proprium quarto modo , between the writs of summons to the lords and members of the lords house , and assistants ; that the one are always summoned , quod in propria persona intersitis nobiscum , ac cum dictis , or caeteris praelatis , magnatibus , et proceribus dicti regni nostri , super dictis negotiis tractaturi , vestrumque consilium impensuri : the others only summoned ; quod personaliter intersitis nobiscnm , et cum caeteris de consilio nostro , super dictis negotiis tractaturi , vestrumque consilium impensuri ; yet this is not a general truth : for . in sundry forecited writs to the kings counsil , justices , and assistants ; this clause , et cum caeteris de consilio nostro , &c. is totally omitted , though it be in most of them : and intersitis nobiscum only , or , intersitis nobiscum , et cum * dictis praelatis , magnatibus , et proceribus super dictis negotiis tractaturi vestrumque consilium impensuri ; ( without any & cum caeteris de consilio nostro , ) inserted in lieu thereof ; yet with this distinction , ( not formerly observed by any to my knowledge ) that in the writs to the spiritual and temporal lords , the words alwayes run thus in the first clause of the writs ; vobiscum , ac cum caeteris praelatis , magnatibus & proceribus dicti regni nostri , to a spiritual lord : and , vobiscum , & cum praelatis , ac caeteris magnatibus et proceribus , &c : to a temporal lord : and thus in the mandatory part ; dictis die et l●co personaliter intersitis nobiscum , ac cum caeteris praelatis , magnatibus & proceribus , if to a prelate : and if to a temporal lord , nobiscum , ac cum praelatis , et caeteris magnatibus et proceribus praedictis super dictis negotiis tractaturi , &c. the word caeteris is alwaies omitted in the writs to the justices , and other assistants of the counsil in both these clauses ; because they are no spiritual nor temporal lords of parliament , nor summoned as such ; and , cum praelatis , magnatibus & proceribus , without caeteris , being only used in their writs ; both where & cum caeteris de consilio nostro is inserted into their writs after the word proceribus , or elsewhere ; and where it is totally omitted : so that the omission of the word caeteris in this place and manner in all writs to the justices and other assistants , and the inserting it as aforesaid , into the writs of the spiritual and temporal lords , is the principal distinguishing word that puts a difference between them , not this clause alone , nobiscum , & cum aliis de consilio nostro , twice inserted into the writs of prorogation and resummons both to the temporal and spiritual lords , as well as to the justices and assistants , claus : e. . d. , . which i shall recite at large in its due section . ly , that in the writs of summons to the kings counsil , they are never licensed to appear by proxies , or attorneys , as the spiritual and temporal lords sometimes are ; but in proper person alone . ly , that such of them who were deans , archdeacons , or clergymen have alwaies the title magitro prefixed to their names both in the writs and lists of summons , by which they are distinguished from the laymen mentioned in those writs and lists . and that one bishop elect summoned amongst the bishops to parliament , was yet summoned as one of the kings counsil by an other writ . what ever else is worthy observation touching these writs , or lists of persons summoned , i have noted already in the precedent recitals of them . ly , that though the kings justices and others of his counsil summoned to our parliaments , were no real essential members of them , but rather assistants to the king and lords , yet they had a very great hand , power , authority , not only in making ordinances , proclamations , desciding all weighty controversies , regulating most publike abuses , and punishing all exorbitant offences out of parliament in the star-chamber and elsewhere , coram rege et consilio svo , as is evident by e. . fitzh : judgement . as● . . br. dures . e. . f. . b. brook judges . judgment . ass. . . register pars . f. . b. pars . f. . b. . a. e. . f. , . h. . . b. r. . f. . , . h. . f. . . brooke parliament . . fitz. parl. . . an exact abridgement of the records in the tower , p. , , , , , , , , , , , . lambardi archaion , p. . to . and the records there cited , transcribed by sir edward cook in his institutes , c. , cromptons jurisdiction of courts , f. . &c. de court de starr-chamber , et matters avant le covnsell le roy , ashes tables , courts . and the lawbooks , statutes , there cited , with others anon remembred ; but likewise in receiving , answering all sorts of petitions , determining , adjudging all weighty doubtfull cases , pleas , yea in making acts , ordinances , statutes , and transacting all weighty affaires concerning the king or kingdome , even in parliaments themselves , when summoned to them by the premised writs ; which being not commonly known to the kings counsill , or others , nor insisted on , nor cleared up by sir edward cooke , or any others who have written of our parliaments , i shall briefly and satisfactorily illustrate by these four following particulars . . by sundry petitions upon several complaints and occasions presented and directed to the king and his counsell , a or sage , or good counsel in sundry of our antient parliaments , entred in the clause and parliament rolls , more especially in claus. anno . e. . pars . & . where multitudes of petitions are thus directed ; a nostre sign●ur . le roy , et ason covncill , au bon covnciel nostre signior le roy , &c. which petitions were usually answered and determined , sometimes by the king and his covnsell , joyntly , other times by his covnsel alone ; and sometimes by the king with the assent or advice of his covnsel , as these entries ; coram rege & consilio concessum est & emendatum : per agard de toute le covnsell : soit le covnciel certifie ; coram consilio nostro in praesenti parliament● venire faciatis scriptum praedictum ; ad faciend . inde ulterius , quod per idem consilivm nostrvm ibidem contigerit ordinari ▪ videtur consilio : il semble av covnciel que ce est bone affaire ▪ veniat inquisitio coram consilio . place at dom. regi & consilio svo ordinare : with the like , most frequently occurring in these petitions , and the answers to the proceedings and resolutions upon them , abundantly evidence . . by this subscription or addition to many writs , patents , charters , in the clause , patent , charter , and parliament rolls , per ipsum regem & consilium in parliamento , being all made , issued , granted , approved , entred by order of the king and those of his counsil in parliament . . by the placita coram ipso domino rege et ejus consilio ad parliamenta sua , & . ad parliamentum suum , &c. recorded in the parchment book of pleas in the tower of london .. ● wherein , the proceedings , and the judgments on them , were given sometimes by the kings covnsell alone ; sometimes by the king and his counsell , and other times by the king , with the advice of the archbishops , bishops , abbots , barons , and others , or the rest of his counsell ; and sometimes fines and recognizances were acknowledged before the counsell in parliament . to instance in some particulars . in the placita coram ipso domino rege et ejus consilio , ad parliamenta sua post festum sancti hillarii , et etiam post pascha , anno e. . willielmus de wasthull quaeritur domino regi et ejus consilio , per quandam petitionem , against a deceit and covin in levying a fine : iohannes comes de dewe venit coram rege et ejus consilio , ad parliamentum suum post pascha , &c. & petiit , &c. so domino regi et ejus consilio johannes episcopus wynton . alias coram auditoribus quaerelarum monst●avit , &c. petrus maulore , venit coram domino rege et ejus consilio , ad parliamentum , &c. et petiir , &c. dominum regem et ejus consilium certiorari faciant querela willielmi de valentia consilio domini regis in anglia , dum rex suit in vasconia . macolomus de harlegh monstravit consilio regis per quandam petitionem , &c. so placita parliamenti apud clipston & asherugg , &c. anno e. . margeria de mose uxor thomae de weyland , & ricardus filius ejusdem thomae monstraverunt domino regi , et ejus consilio , &c. coram ipso domino rege et ejus consilio venerunt praedicti cemites gloucestr . & hereford : quod ipsi habeant corpora eorundem comi●um coram ipso domino rege et consilio suo , &c. ad faciendum et recifiendum id quod dominus rex de consilio suo duxerit ordinandum . prior de goldelyne queritur domino regi et ejus consilio , de hoc , &c. memorandum quod recordum , quod episcopus wynton et socii sui miserunt coram consilio de magno placito abbatis de rupl . &c. robertus bardolph habet diem per adjornamentum in pleno consilio , &c. maria quae fuij●uxor willielmo de brewosa petiit coram domino rege et ejus consilio versus willielmum , &c. medietatem manerii de wykeham , &c. placita coram rege et consilio suo ad parliamentum suum post pascha apud london . anno e. . willielmus de mere , &c. et reginaldus do legh coram ipso domino rege et ejus consilio allocuti , ad rationem positi de hoc , &c. stephanus rabez vicecomes leicestr . & warwic : coram ipso domino rege et ejus consilio arrenatus , ad rationem positus de hoc , &c. placita coram ipso domino rege et consilio suo ad parliamentum suum post festum sancti michaelis , ann. e. . malcolinus de harley eschaetor domini regis citra trentam monstravit domino regi et ejus consilio , &c. et super hoc vocatis coram domino rege et ejus consilio : decano de wellen ▪ &c. placita coram ipso domino rege et ejus consilia apud cantuar. &c. anno e. . the judgements and orders upon such petitions and complaints , were somtimes given by the counsil alone . as in the case of theobaldus de verdun coram ipso rege et ejus consilio apud bergaveny , de diversis transgressionibus et inobedientiis factis domino regi , arenatus ; and found guilty of them by inquisition , returned and read c●ram ipso domino rege et ejus consilio , in the parliament of e. . praedictus theobaldus de verdun per considerationem et iudicium totius consilii committebatur goalae , et exhaeredatus fuit de tota libertate sua regali , quam habuit in terris suis de ewyas lacy , pro so et hoeredibus suis imperpetuum ; but mostly by the king & counsil : witness these clauses in plac. parl. anno e. . loquela inter johannem de sancto johanne , & willielmum de valentia ponitur in respectum usque in octabis sancti johannis baptistae , eo quod per consilium domini regis et iusticiarios suos judicium certum in loquela illa nondum est provisum , &c. postea ad diem illum dominus rex et ejus consilium in praesentia praedict●rum partium habito consilio de procedendo ad judicium , &c. the summons to theobald de verdun ; ad faciendum et recipiendum qu●d dominus rex de consilio ordinaret ; and the acquittal of the servants of the●bald de lacy , upon the returns of the inquisitions against them , lecta et audita coram dom . rege et ejus consilio . in the plea between the king and the bishop of winchest . de custod : hospitii s. juliani southampton , upon full hearing and examining of the cause , uidetur domino kegi et ejus consilio , quod iusticiarii secundum quod in recordo suo praedicto continetur , debito modo & secunduin consuetudinem regni ad captionem praedictae inquisitionis processerunt , &c. in the case of the earl of ewe in normandy petitioning for the restitution of the castles of hastings and tikehall belonging to his granmother alicia , whose heir he was , and by her delivered into the custody and protection of king henry the iii. et quia domino regi et ejus consilio manifestè constat , quod praedicto comi●i alias responsum fuit ad consimilem petitionem , &c. nec videtur domino regi aut ejus consilio , quod ratione aliquarum literarum praedictarum praedicto comiti aliud responsum dare debeat , &c. in the parliament of ● e. . the case of the prior of gisburn , coram rege et ejus consilio apud norham . anno e. . where per ipsum regem & consilivm suum ordinatum et concordatum est , that a recognisance of marks acknowledged in chancery by the prior should be cancelled . in the case of the differences between the citizens of london and merchants of gascoigne , both cited coram ipso domino rege & consilio svo . anno e. . vt auditis coram ipso domino rege et consilio suo allegationibus et disputationibus , rationibusque quibuscunque per praedictas partes porrectis , fieret in hac parte quod dominus rex de consilio decreverit , &c. et contentio praedicta finem debitum per ipsum dominum regem et consilium suum sortietur ; who then made an order and peace between them , and likewise in the parl. of e. . in the case between iohn gifford , and robert tybetot touching the commot of hysk ynny , the king at berwick anno e. . cartam praedictam coram se & consilio suo legi fecit , et ad ambiguitatem quorundam verborum in praedicta garta contentorum de caetero auferendam , eadem verba declaravit in hun● modum . &c. an. e. . the bishop of durham ( having his liberties unjustly seised by the award of the justices in eyr , ) supplicavit ipsi domino regi et consilio suo instanter , quod praedicta processus et recordum coram eis recitarentur et examinarentur , et errores in eisdem contenti pro se & ecclesia sua dunolm . prout justum fuerit , & secundum legem et consuetudinem regni emendarentur . which being accordingly done , and the cause fully heard and debated before them ; consideratum est per ipsum regem & consilium , quod judicium praedictum revocetur , & adnulletur , et quod omnes libertates praedicti episcopi , ecclestae suae & hominum suorum , quae per considerationem justiciariorum ●tinerantium , in manum domini regis captae fuerunt , eidem episcopo , eccles●ae & hominibus suis plenarie & integre restituentur . i shall instance only in three more memorable cases at large . the . is in the placita coram ipso rege & consilio suo , ad parliamentum suum post pascha apud london . in manerio archiepiscopi eborum ; anno regni regis edwardi . . de petentibus arreragiis de tempore iudae●rum . quia plures capitales domini , de quibus iudaei ante exilium suum de regno isto tenementa sua tenuerunt , diversa arreragia petunt , de servitiis ●orundem tenementorum ●ibi detentis , tempore quo tenementa illa in manu domini regis , ut eschaeta sua per exilium eorundem iudeorum devenerunt , & similiter à tempore postquam tenementa illa per concessionem & donationem suam , in manus nunc tenentium devenerunt , quod per eosdem tenentes aut eorum haeredes , aut assignatos plenarie satisfiat , capitalibus dominis de quibus tenementa illa tenentur , de omnibus serviciis & consuetudinibus eisdem dominis capitalibus feodi debitis & consuetis , & quae servicia iudaei ante exilium suum ; dum tamen sibi facere consueverunt & debuerunt , & secundum quod iidem domini capitales legitime verificare poterunt , servicia illa & consuetudines sibi deberi , & quod iudaei dum tenementa illa tenuerunt pro tenementis illis sibi ●acere consueverunt , cum singulis cartis domini regis de talibus tenementis cuicunque concessis semper contineatur , quod servicia debita & consueta inde faciant capitalibus dominis feodi illius . et de toto illo tempore quo tenementa illa in se●ina domini regis remanserunt postquam per exilium ●orundem iudeorum ●eisita fuerint usque diem quo eadem tenementa per concessionem ipsius domini regis in seisinam aliorum devenerunt respond●atur , satisfiat capitalibus dominis ac scaccarium per ipsum dominum regem , singulis pro sua portione , et secundum quod verificare poterunt prout superius dicitur ; cum quilibet de suo tempore tantummodo teneatur respondere , et de isto tempore quo rex tenebitur respondere satisfaciant ipsi modo tenentes capitalibus dominus , et ipsis allocetur in pacatione sua facienda , aut redditu suo , vel secundum quod the saurarius et barones de scaccario , melius viderint expedire . de tempore autem iudeorum quo ipsi tenementa illa tenuerunt , non videtur domino regi , aut ejus consilio , quod alicui petenti debet responderi , cum iidem capitales domini semper suerant et esse debuerant sufficientes et potentes ad servitia et consuetudines sibi debita petenda , et pro eisdem distringenda si quid aretro fuit , vel cum ipsi iudei fortè satisfecerunt de hoc quod modo petitur , et inde habeant acquietancias . et si quid a retro fuerit hoc fuit per negligentiam et stultitiam eorundem dominorum capitalium , quorum negligentia merito ●ibi ip●is imputanda , et cum dicitur , vigilantibus et non dormientibus jura subveniunt . * the second is the case of the prior of bridlington , before the king and his counsil the same parliament . prior de bridelington allocutus coram ipso domino rege et consilio suo de hoc , quod cum quidam bonamy nuper iudeus eborum : mutuasset eidem priori trescenta lìbras sterlingorum , solvendas eidem iudeo ad gulas augusti , anno regni regis nunc vicessimo , et idem iudeus ante terminum praedictum ; per commune exilium iudeorum de regno isto exularet , per quod praedictum debitum simul cum omnibus aliis bonis quae fuerant ejusdem iudei in anglia , et quae in regno remanserunt post eorum exilium , in quorumcunque manus fuerunt ipsius domini regis catalla fuerunt , et ipsi domino regi reddi debuissent ; praedictus prior debitum praedictum quod fuit &c. esse catall . dom. regis , ad terminum statutum ipso domino regi non solvit , nec ipsum dominum regem aut suos inde premunit ; immo totaliter concelavit , detinuit ▪ & adhuc detinet , in lesionem fidei sui qua domino regi tenetur , & ad grave dampnum ipsius domini regis , &c. et prior bene cognoscit , quod praedecessor suus immediatus pecuniam praedictam de praedicto iudeo mutuavit termino praedicto solvendam , & quod ipse ratione mutui illius , adhuc ad solutionem pecuniae illius tenetur . set dicit ; quod iohannes archiepiscopus eborum qui nuncest , in tertia septimana quadragesima proximò praeterito ad domum suam de bridelington , prout ad officium suum pertinet , visitavit , & inter caetera in visitatione sua ibidem inventa , quaesivit de debitis domus in quibus idem prior , & quibus , & pro quo tenebatur ? ita quod tunc inuenit , quod domus praedicta praedicto iudeo indebitabatur in pecunia praedicta ; et statim in capitulo ipso priori injunxit , quod pecuniam illam solveret ejusdem valecto tunc ibidem praesenti ad festum nativitatis sanctae mariae proximum , quem valectū idem archiepiscopus dicebat esse attornatum praedicti iudaei . et ipse prior prout ratione obedientiae suae tenetur ; praecepto praefati archiepiscopi obedivit , & eandem pecuniam tunc solvere promisit . et quia idem prior cognoscit , quod praedicta pecunia praedicto iudeo debebatur , nec ei solvebatur . ante exilium iudeorum , & quicquid remansit de eorum debitis & catallis in regno post eorum exilium , domini regis fuit . consideratum est , quod dominus rex recuperet praedictam pecuniam , ut catalla sua versus praedictum priorem . et dictum est praedicto priori , quod non exeat è villa , priusquam domino regi , de praedicta pecunia satisfecerit . et quia praedictus archiepiscopus praedicto priori injunxit ; quod catalla domini regis praedicto vallecto solveret , ad dampnum domini regis , & similiter quia dominus rex intellexit , quod archiepiscopus praedictus quoddam scriptum obligatorium , per quod praefatus prior praedicto iudaeo tenebatur in debito praedicto , contra fidem domino regi debitam , & sacramentum fidelitatis suae à praedicto iud●o emit aut perquisivit , ad elongandum dominum regem de catallis suis praedictis , & ibi appropriando malitiosè : praeceptum est vicecomiti eborum , quod venire faciat praedictum archiepiscopum coram domino rege , à die sancti michaelis , in quindecim dies , ubicunque , &c. ad respondendum domino regi de receptione praedicta . et similiter quod praedictum scriptum , ut dicitur , remanet in custodia abbatis sanctae mariae eborum● aut prioris sancti andre● eborum , ideo praeceptum est vicecomiti praedicto , quod venire faciat eosdem abbatem & priorem , ad terminum praedictum , ad respondendum de eodem scripto . hereupon the sheriff summoned the archbishop ; ad respondendum domino regi de hoc , quod nunc prior de bridelington et ejusdem loci conventus per scriptum suum obligatorium tenebatur cuidam bonamy quondam iudeo eborum , in trescentis libris sterlingorum certis terminis solvendorum : et idem iudeus per commune exilium iudeorum de regno isto , ante solutionem praedictae pecuniae sibi factā exuleret ; praedictus archiepiscopus de curia romana rediens apud paris cum praedicto iudaeo conventionem & mercatum faciens , praedictum debitum , quod fuit & est catalla domini regis ab eo emit , & post in visitatione sua ad prioratum praedictum facta , eidem priori et conventui per obedient●am injungit , quod pecuniam praedictam cuidam valecto ipsius archiepiscopi , aut nuncio praefati iudaei , certo termino solverent ; contra fidelitatem in qua domino regi tenentur , & in alienationem pecuniae domini regis ▪ ad dampnum domini regis mille librarum &c. et praedictus archiepiscopus modo venit , & super hoc facto praedicto coram domino rege et consilio suo arenatus , expresse dicit ; quod nunquam cum praedicto iudaeo aliquam conventionem fecit , seu mercatum de pecunia praedidicta sibi adquirenda ; set revera dicit , quod in visitatione sua ad domum praedictam invenit , et per prio●em et conventum ejusdem domus sibi ostensus fuit , quod domus illa indebitabatur praedicto iudeo de prae●icta pecunia . et idem ad salvationem animarum sua●um prout tenebatur , eidem priori et conventui dixit , quod pecuniam illam salva conscientia retinere non possent , et quod sic facerent quod animas suas salvarent : set quod nunquam eis injunxit , quod pecuniam illam sibi aut al●i nomine praedicti iudei solverent , paratus est se acquietare , si placuerit domino regiet ejus consilio . et dominus rex super hoc , de gratia sua speciali , et ad instantium magnatum de consilio suo , licet per patriam de jure inquirere posset veritatem praemissorum , concessit praedicto archiepiscopo , quod in fide in qua ei tenetur , veritatem praemissorum fatetur et cognosca● . et idem archiepiscopus in fide , &c. fatetur et dicit , quod in veniendo de curia romana apud paris : bene audivit & intellexit per praedictum iudeum quod praedicta pecunia ei debebatur , et quod idem iudeus eum rogavit , ut ei pro deo esset in auxilium ad praedictam pecuniam suam ●ecuperandam . et postea , ut praedictum est , in visitatione sua ad domum praedictam hoc idem invenit per confessionem praedictorum prioris et conventus ; et eis dixit , quod ●ic facerent , quod animas suas salvarent . et quia idem archiepiscopus bene cognoscit , quod post exilium dicti judae● , & aliorum judaeorum de regno isto , à praedicto iudeo intellexit , quod pecunia praedicta ●ibi in regno isto debebatur , et post eorum exilium , omnia quae sua fuerunt , et in regno isto remanserunt , tam debita quam alia bona quaecunque ipsi domino regi remanserunt , et catalla sua fuerunt , et super hoc incontinenti post eorum exilium solempnis proclamatio siebat per totum regnum , et quod omnes qui debita aliqua alicui iudeo debebant , aut de eorum debi●is t is , bonis & catallis aliquid sciebant domino regi , aut alicui de consilio suo scire facerent , de qua quidem proclamatione nullus dedicere potest , quin scivit , a●● scivisse debuit . et idem archiepiscopus de debito praedicto scivit , prout fatetur , tam per iudeum , quam per priorem & conventum , nec de hoc domino regi , aut alieui de suìs constare fecit ; immo debitum illud concelando , et à domino rege alienando contra fidem qua regi tene●ur , injunxit praefato priori et conventui , quod animas suus-salvarent , quod tantum valuit , quantum si dixisset ; quod iudeo satisfacerent , concordatum est , quod praedictus archiepiscopus remaneat in misericordia domini regis , pro concelamento & transgressione praedicto , &c. et idem dominus rex sibi ipsi reservat tax ationem illius misericordiae . from these . records i shall observe , that the general banishment of the iewes out of england , and the escheat and forfeiture of their lands , goods , and debts to the king , by this their generall exile , is no lesse then . severall times precisely mentioned in these records , and the very groundwork of them ; besides some hundreds of other records and authors cited by me in the . and . part of my demurrer to the iewes long discontinued remitter into england : and therefore i must admire * sir edward cooks peremptory denyal of it in print , in his commentary on the statute de iudaismo , in the very date whereof he is mistaken , as well as in most of his comments thereupon , as i have largely proved in my demurrer . . that it is a breach of the oath of fealty and allegiance in any subject , and an offence for which he is punishable , to conceal from , or defraud the king of any of his just debts and rights , especially when engaged by proclamation to discover them . ly . that the king and his counsell gave judgment in these causes ; and that in the later of them the king reserves the taxing of the amerciament of the archbishop for an offence against him , wholly to himself . the . case is that of iohn sa●veyn , his wife and her sister , in the placita coram ipso domino rege apud westmonasterium in parliamento suo in octabis nativitatis beatae mariae , anno regni regis edwardi filii regis henrici . which is very memorable , and thus recorded . iohannes salveyn , margareta uxor ejus , isabello soro● ejusdem margaretae , filiae & haeredes roberti de ros de werk , per petitionem suam in forma sequenti ostendunt domino regi , et petunt , quod cum dominus rex de gratia sua speciali concessit et ordinavit , quod omnes gentes de regno seotiae , cujuscunque fuerint , et quae ad pacem suam venerint , exceptis aliquibus personis in eadem a ordinatione nominatis , admittantur secundum conditiones subsequentes ; videlicet , quod salva sit eis vita et membra , et quod quieti sint de imprisonamento , et quod non exhaeredantur . ita quod de eorum exemptione et emendis de transgressionibus , qnas ipsi domino regi solummodo fecerint , et de estabilamento terrae scotiae staret ordinationi suae , sicut plenius continetur in ordinatione supradicta . et in● super dominus rex concessit omnibus qui secuti fuerint seisinam de terris quas ipsi et eorum antecessores tenuerunt in principio guerrae in quorum manus terr●● illae devenissent ; quod ipsi iohannes , margareta , & isabella , uti possent et gaudere concessione et ordinatione praedictis , quoad terras quae dictus robertus tenuit in anglia & scotia in principio guerrae . ita quod non sin● exhaeredati . et willielmus de ros de hamlake , qui tenet praedictum manerium de werk , ex dono et concessione domini regis , per praemunitionem sibi factam venit● , et tam pro seipso tanquam tenenti dictum manerium , quā pro domino rege quo ad alias terras et tenementa quae fuerunt dicti roberti , tam in regno angliae quam in terra sco●iae , dicit ; quod praedicti petentes nichil in eisdem per medium praedicti roberti clamare possunt ut ipsius haeredes , nec ad illa petenda , seu aliquam partem earundem audiri debent , prout petunt . dicit enim , quod ipsi petunt tenementa praedicta ut haeredes praedicti roberti , et virtute c●jusd ●m ordination●s , quam dom●nus rex nuper fecitet concessit illis hominibus de terra scotiae , qui in ultima guerra in eadem terra ad pacem suam venerunt et admissi suerunt ; et per illa ver●a videlizet , [ quod non ●x●aeredentur , ] et etiam petunt , quod ipsi uti possunt , et gaudere concessione et ordinatione praedictis quo ad terras quas dictus robertus tenuit in anglia & in scotia in principio guerrae , ita quod non sint exhaeredati , prout in sua petitione continetur , quod nullo modo admitti debent . quia dicit , quod praedictus robertus diù ante principium istius gueriae , ad quod tempus ordinationi praedicta reddito terrarum et concessio se extendunt , inimicus domini regis devenit mani●estus , parti scotorum contra homagium et filelitatem suam felonice et traditiose adh●rendo , et sic omnes terras et tenementa sua ubicunque infra dominium et potestatem domini regis existentia , simul cum aliis bonis suis quibuscunque totaliter forisfecit ; nec unquam postea in vita sua ad pacem domini regis rediit , set in inimicitia sua ut felo et traditor obiit . occasione cujus inimicitiae sic commissae dominus rex terras illas et tenementa statim in manū suam seisivit ; et postea ipsum manerium de werk ipsi willielmo dedit . et hoc paratus est verisicare , tam p●o domino rege quam pro seipso , si petentes praedicti in petitione sua praedicta audiri debent , &c. et quia habito super praemissis diligenti tractatu per ipsum dominum regem et totum consil●um , expressè recordatum est , quod dictus robertus de ros , per multa tempora ante principium istius ultimae guerrae contra homagium , fidelitatem et ligeantiam suam , de ipso domino rege traditiosè et felonicè se elongavit , et inimicus ipsius domini regis manifestè devenit parti scotorum adhaerendo tunc inimicorum et rebellionum domini regis existentium , nec unquam postea in vita sua ad pacem domini regis rediit , set inimicus ●●●s obiit , visisque articulis et conditionibus contentis in ordinatione per ipsum dominum regem facta in ea●dem ultima guerra hominibus de terra scotia , et concessione de redditione terrarum suarū eisdem facienda , quam de aliis in eadem ordinatione contentis , et virtute cujus ordinationis petentes praedicti modo tenementa praedicta petunt : uidetur domino regi et consilio suo , quod petentes praedicti ratione illius ordinationis seu redditionis in petitione sua praedicta audiri non debent . propter quod concordatum est et consideratum per ipsum dominum regem et consilium suum , quod praedictus willielmus eat inde sine die , &c. et quod praedicti petentes nichil capiant per petitionem suam praedictam , &c. after which , upon the suit of the petitioners to king edward the . in the . year of his reign , being in scotland , there issued two several writs to gilbert de roubyry , to search the * rolls of parl. and certify the tenor of the petitions aforesaid , and the answers given thereunto , and proceedings thereupon coram dicto patre nostro ( edw. . ) et consilio suo in parliamentis suis fa●ta ; because this iohn salve●n coram nobis et consilio nostro prosecutus fuerit petenda , &c. that the king would receive his homage for the moity of the lands descended to his wife , as one of the coheirs of robert de ros , and restore the same unto him . for judgements given in parliament upon petitions or complaints by the king , lords , and kings counsil joyntly , you may peruse b nicholas de segraves case , in cooks instit. p. , . and my plea for the lords , p. . with others there cited : i shall here for brevity recite only two memorable ones . the . in the placita in parliamento apud london in crastino epiphaniae , anno regni edwardi . vicesimo , the long , great and famous case between humfry de bohun earl of hereford and essex , and gilbert de clare earl of gloucester and hertford , who invaded one anothers lands by force and arms in a warlike manner , and committed many rapines , burnings , murders and enormities against the kings peace and prohibition : after many inquisisitions and debates touching this business before justices assigned , and afterwards before the kings counsil , and then before the king and his counsil , by these passages often mentioned in the record ; concordat●m est per dominum regem & consilium , decretum est per consilium , videtur consilio domini regis , per dictum dominum regem & consilium , &c. evident●r compertum est ( twice repeated ) quod corpora eorum habeat coram . domino rege & ejus consilio , ad voluntatem ipsius domini regis audiendam et faciendam , et recipiendum id quod dominus rex de consilio suo duxerit ordinandum ) fully evidence . at last both the earls . voluntati domini regis se omnino submiserunt , ut de eorumque libertatibus faciat quod sibi placuerit . whereupon dominus rex super hoc non voluntariè tantumniodo , imo pro●t de jure et secundum legem et consuetudinem regni fuerit faciendum , et etiam per consilium archie-piscoporum , cpiscoporun● ; comitum et baronum caeterorumque de consilio suo existentium facere volens in praemissis , et ut voluntas sua justa sit et rationabilis pro●t decet , eorumque assensum in praemissis petiit et consilium . propter quod habito tractatu ●oram ipso domino rege et consilio suo super praedictis , tam ipso domino regi , quam caeteris praelatis et magnatibus et singulis de consilio suo vide●ur , quoad comitem gloucestriae , quod libertas sua praedicti , &c. pro se et haeredibus suis forisfacta est ratione delicti praedicti , &c. dictum est eidem comiti gloucestriae per considerationem et iudicium archiepiscoru●● , episcoporum , comitum , baronum , et totius consilit domini regis , quod libertas sua praedicta , &c. totumque regale in eisdem terris remaneânt domino regi et haeredibus suis ut forisfacta tota vita ipsius comitis gloucestriae , et idem comes retor●etur prisonae , et inde redimetur ad voluntatem domini regis ▪ et etiam quod praedictus comes hereford recuperet versus eum centum libras pro dampnis praedictis . et similiter quoad praedictum comitem hereford , ●o quod videtur domino regi , et ejus consilio habito super hoc tracta●● diligenti , quod libertas sua in terris suis de brekenno● , &c. ratione delicti praedicti forisfacta esset . dictum est eidem comiti hereford , per considerationem et judicium archiepiscoporum , episcoporum , comitum et baronum , et totius consilii domini regis , quo libertas sua praedicta remaneat domino regi et haeredibus suis forisfacta de ipso comite hereford et haeredibus suis imperpetuum , et corpus suum prisonae retornetur et inde redimetur ad voluntatem domini regis ; et quia videtur domino regi et ejus consilio , quod transgressio de qua idem comes hereford convictus est , non est ita carcans , nec tantam poenam requirit quantum et facta transgressio praedicta de qua praedictus comes gloucestriae convincitur : and because he had espoused the queens kinswoman ; therefore the forfeiture was mitigated , and ordered to continue to the king and his heirs during the earls life only : after these earls had continued in prison for some time ; the earl of gloucester , finem fecit domino regi pro decem mille marc. pro transgre s●ione praedicta , and put in noble men for his pledge● ; and the earl of hereford likewise , finem fecit domino regi pro t●ansgressione praedicta , pro mille marcis , et re●ipitur per plegios , who are named in the record : after which io●● de crepinghes , and others of the earls assistants in these riotous misdemeanors , ad instantiam praelatorum , comitum & baronum , et aliorum de consilio sus , who moved the king to shew mercy to them ▪ were put to several fines . the . is in the placita co●am●ipso rege & consilio suo ad parliamentum suum , post pascha apud london , anno e. . the archbishop of yorkes case . johannes archiepiscopus eborum attachi●tus fuit ad respondendum damino regi de pla●i●o quare cum placita de imprisonamento et aliis transgressionibus in regno regi● contra pacem regis factis ad regem & coronam et dignitatem suam specialiter pertineant . idem archiepiscopus per johannem priorem de bolton in cravene commissarium suum in venerabilem patrem antonium episcopum dunolm : dum nuper in partibus borialibns in obsequio regis juxta la●us suum per praeceptum ipsius regis sub protectione extitit , pro eo quod ballivi esusdem episcopi willielmum de wrleton 〈◊〉 johannem roman apud d●nolm . inventos ceporunt et imprisonaver●nt , excommunicationis sententi●m in regis contemptum et coronae & dignitatis suae laesionem , & contra reverentiam regis in hac parte debitam , in dispectum ipsius regis viginti mille librarum , fecit fulminari , et illam excommunicationem demandari . propter quod idem rex ta●um contemptum & tantum irreverenti 〈◊〉 sibi illatam●ransire impunitam sustinere non valens , maxime cum tam ipse rex quam praellictus episcopus quanium in ipso suit , praefato willielmo & johanni de imprisonamento praedicto celeris justitiae complementum juxta regni consue●udinem semper fuerunt parati exhibere , &c. after the archbishops plea thereto , and a long debate of the business in parliament ; videtur domino regi in pleno parliamento praedicto , comitibus , baronibus , iusticiariis , & similiter toti consilio ipsius domini regis , quod praedictus archiepiscopus quantum in ipso fuit niteba●ur occupare & usurpare super coronam regiam et dignitatem , in casu●isto deliberationes imprisonatorum , contra legem et consuetudinem regni , et contra ●●dem in qua idem archiepiscopus domino regiet coronae suae astringitur , ad exhaeredationem do●●ni regis et haeredum suorum manifestam . propter quod per comites , barones et iusticiarios , et dinnes alios de constlio ipsius domini regis concordatum est , quod praedictus archiepiscopus committatur prisonae , pro offensa & transgressione praedictis . et super hoc ante iudicium pronunnciatum licet unanimiter de consilio praedictorum magnatum et aliorum concordatum fuisset tenendum in hoc casu , et similiter in casibus consimilibus imperpetuum , praedictus archiepiscopus maguates et alios de consilio ipstus domini regis rogavit , quod pro eo dominum regem requirerent , ut ante pronuntiationem judicit ipsum ad gratiam suam admitteret . et dominus rex ad instantiam eorundem magnatum , de gratia sua speciali hoc idem ipso archiepiscopo concessit . et idem archiepiscopus humiliter supplicavit , quod possit de omnibus praemissis alto & basso voluntati domini regis se submittere . which the king assenting to at the lords request , dictum est eidem archiepiscopo sub gravi forisfactura , quod non recedat à parliamento isto ●onec super praemissis domini regis audivit voluntatem . postea venit praedictus archiepiscopus , et fecit finem domino regi pro transgressione praedicta , pro quatuor millibus marcarum , per scriptum suum obligatorium : others being bound with him for due payment thereof to the king. it is observable , that in all these pleas , proceedings & judgments , there is no mention at all of the knights , citizens , burgesses , or commons in parliament , ( no shar●rs in them ) but only of the king , archbishops , bishops , earles , barons , justices , and kings counsell . ly . the power of the kings counsell and judges in parliament , is evident by sundry prefaces to , and passages in our printed acts of parliament : as namely by the preface of the printed statute of bigamie , . octo● . an. . ed. . in the presence of certain reverend fathers , bishops of england , and others of the kings covnsell , the constitutions underwritten were recited , after heard , and published before the king and his covnsell : forasmuch as all the kings covnsell , as well ivstices as others did agree that they should be put in writing for a perpetual memory , and that they should be stedfastly observed . * &c. by the exposition of the statute of gloucester an. . e. . made by the king and his ivstices . by the statute of mor●main an. . e. . which recites . wee by the advice of our prelates , lords , barons , and other our subjects , being of ovr covnsell , have provided , made and ordained , &c. by the statute of acton bnrnell . . e. . forasmuch as merchants &c. the king for himself , and by his covnsell hath ordained and established , &c. the prologue to the statute of wes●m . . an. . e . whereas of late our lord the king the . year of his reigne calling together the earles , prelates , barons , and his covncell at glocester , &c. ( so as there were writs of summons then issued to them all , though not entred in the clause rolls of . ed. . nor any other now extant . ) by the statute of merchants , an. . e. . the king and his covnsell at his parliament holden at acton burnell , the . year of his reigne , ●ath ordained establishments thereupon , for the remedy of such merchants : which ordinances and establishments , the king commandeth , that they shall be firmly kept throughout the realme . by the statute of wast . anno . e. . other instices with the more part of the kings covnsell , were of the contrary opinion , &c. wherefore our lord the king in his full parliament , in the th . year of his reigne , by a generall covnsell , hath ordained , &c. articuli super chartas , an. . e. . c. . neverthelesse the king and his covnsell do not intend by reason of this estatute to diminish the kings right , for the ancient prises due and accustomed and ch . . notwithstanding all these things , &c. both the king and his counsell , and all they that were present at the making of this ordinance , will and intend , that the right and prerogative of his crown , shall be saved to him in all things . the statute for escheators . anno . e. . at the parliament of our sovereign lord the king , by his counsell it was agreed , and also commanded by the king himself , &c. according to advice of &c. treasurer to the king , chancellor , and other of the counsell there present before the king , &c. by the new statute of quo warranto , e. . cum nuper in parliamento nostro a●u● westm. per nos et consilium nostrum provisum sic et proclamatum , quod praelati , comites , barones , & alii &c. by the ordinance for inquests , . e. . it is agreed and ordained by the king aud all his counsell , &c. by ordinatio pro statu hyberniae , an. . e. . made and agreed on at nottingham , by the assent of our counsell there being . by the preface to articuli cleri , . e. . in our parliament holden at lincoln● the th . of our reigne , we caused the articles underwritten , with certain answers made to some of them , to be rehearsed before our counsell , and made certain answers to be corrected ; and to the residue of the articles underwritten , answers were made by us and our counsell , of which articles and answers the tenours here ensue . by the statute of gavelet , an. . e. . it is provided by our lord the king , and his iustices , &c. by the statute de terris templariorum , . e. . it was moved in parliament in the presence of the prelates , barons , nobles , and great men of the realm , and others there present ; whether the order of the templers being dissolved , the king and other lords of the fees might retain them by the law of the realme , and with safe conscience ? whereupon the greater part of the kings counsell , as well the iustices as other lay-persons being assembled together , the said iustices affirmed precisely ; that our lord the king , and other lords of the fees aforesaid , might well and lawfully by the lawes of the realme retain the foresaid lands as their escheats , in regard of the ceasing and dissolution of the order aforesaid . but upon other grounds of conscience , they setled them on the hospitall of s. iohns of ierusalem by this statute . . e. . c. . but it is not the mind of the king nor of his counsell , that they who have sold ther lands , &c. should have any benefit of this statute . the prologue of the printed statute of . e. . parl . at the request of the commonally by their petition made before the king and his consell in parliament , by assent of the prelates , earles and barons , &c. . e. . c. . our sovereign lord the king , desiring the profit of his people , by the assent of his prelates , earles , barons , and other nobles of his realm , summoned at his present parliament , and by the a●vice of his counsell , being there , &c. hath ordained and established the stat●●te of money . e. . c. . when and where it shall please us and ovr covnsell to make exchanges . . e. . c. . till by the king and his covnsell i● he otherwise provided . . e. . c. . the chancellor , treasurer , the justices of the one bench , and of the other , and other of the kings counsell . . e . stat. . of the clergy . prologue . wherefore wee their petition seen and regarded , and there upon deliberation with the peers of the realme , and other of ovr covnsell , and of the realm , &c. have granted , &c. and ch . . our chancellour and treasurer taking to them other of our counsell , &c. . e. . prologue . by the assent of the great men , and other wise men of our counsell , we have ordained these things following . and c. . we have ordained to come before us at a certain day , or before them whom we shall depute of our counsell . . e. . c. . should be converted to a publick and common profit , by advise of his counsell . and alwayes it is the intent of the king , and of his counsell , that according to the first ordinance , it should be lawfull , and shall be lawfull for every man , &c. . e. . of labourers . prologue . it was ordained by our sovereign lord the king , and by assent of the prelates , earles , barons , and other of his counsell . e. . stat. . of those born beyond the seas . our sovereign lord the king. willing that all doubts and ambiguities should be put away , and the law in this case declared , and put in a certainty , hath charged the said prelates , earles , barons , and other wise men of his counsell , assembled in this parliament , to deliberate upon this point ; which of one assent have said , that the law of the crown of england is , and alwayes hath been such , &c. . e. . parl. . c . of treasons . and if percase any men of this realme endeavour covertly or secretly against any other , to slea him , or to rob him , or take him , or retein , till he hath made fine or ransome , or to have his deliverance , it is not the mind of the king , nor his counsell , that in such cases it shall be judged treason ; but shall be judged felony or trespasse , according to the laws of the land of old time used , and according as the case requireth . and chap. . it is accorded , assented and stablished , that from henceforth none shall be taken by petition or suggestion made to our sovereign lord the king , or to his counsell , unlesse it be by inditement or presentment of his good and lawfull neighbours . . e. . parl. . statute of provisors . whereas in the parliament of edward king of england , grandfather of the king that now is , the . of his reigne holden at carlile , the petition heard , put before the said grandfather and his counsell by the commonalty of his realm &c. . e. . c. . provisors shall have day containing the space of two moneths , by warning to be made to them , &c. to be before the king and his counsell , or in his chancery , or before the kings justices , in his places of the one bench or the other , or before other the kings justices which shall be deputed to the same , to answer in their proper persons to the king of the contempt done in this behalf . ch . . it is assented by the king and all his counsell . . e. . of the staple . ch . . that the same mayor and constables do not ordain any thing contrary to these ordinances , nor make interpretation , nor exceptions to them , otherwise then the words purport , but if there be any thing that is doubtfull , it shall be shewed unto our counsell , and there declared by good advise . ch . . and in case that debates arise betwixt them , upon the discussing of any plea or quarrell , the t●nour of the said plea or quarrell shall be sent before the chancellor , and other of our counsell , to be by them determined without delay ▪ ch . . and now late it is done us and our counsell , to understand by the complaint of the said merchants . ch . . and in case any thing be to be amended , added , changed , or withdrawn of any of the said points in time to come , by a true cause . we will that the same be done by deliberation , and advice of the great men , and other of our counsell in parliament . . e. . stat. . c. . it is accorded by our sovereign lord the king , the great men , and all the commons in this present parliament , that the chancellor and treasurer taking unto them the justices and other the kings counsel , such as to them shall seem meet , shall have power to ordain remedy of the buying and selling of stockfish of st. botulfs , and salmon of barwick , and of wines and fish of bristow , and elsewhere ; and that the ordinances by them made in this party be firmly holden . the offenders against the ordinance of fish , made in . e. . c. . are to be attached and detained in prison as rebels and transgressors , till the king and his counsel have ordained of them , that right requireth after the quality of their trespasse . . e. . c. . by assent of the king and of his counsel , passage was granted of wools and other merchandises of the staple to denizens , contrary to the ordinance of the staple , that only merchants aliens , and no merchants denizens , should transport them ; which passage was confirmed by parliament , and this act. e. . upon doing us and our counsell to understand , &c. it was adjudged by us and our counsel , that the fishers of herrings at great yermouth should be free to sell their herrings to all people that will come to the faire of yermouth , without disturbance of their host or any other , and accordingly enacted by this parliament . the printed pardon granted by the king in parliament , an. . e. . was prayed by the commons to be shewed to the ki●g and to his covnsell , and to the other lords , ere passed , according to the tenour of the commons petition . e. . c. . clot● makers and drapers , shall be constrained by any manner , way that best shall seem to the king and his counsel , that the ordinance of new apparell be in no point broken . e. . c. . enacts , that those who make false suggestions to the king , be sent with the said suggestions before the chancellor , treasurer and his counsil , and that they there finde surety to pursue their suggestions and incurr the same pein that the other should have had , if he were attainted , in case that his suggestion be found evil . e. . c. . enacts , that all merchants denizens may pass into gascoigne , and bring in wines from thence without any disturbance , or impeachment . alwayes provided to the king , that it may be lawful to him , whensoever it is advised to him or to his counsil , to ordain of this article in the manner as best shall seem to him for the profit of him and his commons : e. . c , . provisors and offendors against this act , who do not present themselves before the king or his counsil within two moneths after that they are thereunto warned , &c. shall be punished according to the statute of e. , and otherwise as to the king and his counsil shall best seem to be done , without any grace , pardon , or remission . and cap. . if any person maliciously or falsly make any pursute against any person ( as a provisour ) and be thereof duly attainted , he shall be duly punished at the ordinance of the king and his counsil , and nevertheless he shall make gree and amends to the party grieved . the statute of edward . c. . made upon a petition of the commons in parliament beginning thus . plese a nostre seigneur le roy & son bon covnsel pur droyt governement de son peuple ordeigner : which complains that diverse upon false and malicious suggestions have been taken and caused to come before the kings counsil by writ and other command of the king upon grievous pein against the law. to these i might superadd the statutes of r. . c. . r. . c . r. . c. . stat : . r. . stat. . c. . r. . c. , r. . c. . r. . c. , , , . r. . c. , , . r. . c. . . parl. . c. . r. . c. , r. . c. , , . h. . c. , , , . h. . c. , , . h. . c. . h. . c. . parl. . c. . h. . c. , . h. . c. , . h. . c. . h. . c. . h. . c. , . h. . c. , . h. . c. . h. . c. . h. . c. . ● h. . c . e. . c. , . e. . c. . h. . c. . & . h. . c. . h. . c. . . h. . c. . , . by all which and other acts , as likewise by mr. william lambards archaion , p. . to . compared with cooks institutes , c. . and the records in my plea for the lords , p. , , , , , , , , , , , . the authority , power , jurisdiction , use , proceedings of the kings counsil and justices both in and out of parliaments , is fully explained , declared ; to which i shall subjoyn two memorable records for a conclusion hereof . claus : * h. . dors . . rex ricardo comiti cornubiae , salutem : alias allocuti sumus episcopum sarum , quod intenderet consilio nostro , & praebuit se difficilem , propter quod ad praesens nolumus habere alios consi●●arios quàm ordinavimus , sicut scitis ; sed cum aliqua difficultas emerserit super iudicium reddendum , vel aliis communibus negotiis ta●● gentibus legem terrae , bene placet nobis quod ad hoc intendat cum à vobis interpellatus : & ad ipsum vocandum cum hujusmodi necessitas evenerit , plenam vobis concedimus potestatem . teste rege apud portsmouth die augusti . by this record it is evident , that the kings counsil in those dayes usually gave judgement in cases of difficulty , and other common cases concerning the law of the realm , calling those who were learned in the laws for assistants therein . of which amongst many others we have a memorable president in the pleas of mich. & h. . rot : . in the case of assise of mortdauncester brought by alexander king of scots against iohn de burgo , for the mannor of westlye with its appurtenances before g. de preston , and other justices in eyre , who determining nothing therein ; thereupon king hen : writ to the justices to proceed to a speedy determination , or else to adjourn it coram nobis et consilio nostro in quindena michaelis ; which they did . when the king of scots appearing by his attorney , and iohn de burgo in person before s. de litlebyr & sociis suis iusticiariis de banco , rich : de middleton then the kings chancellor , thomas basset , robert augulon , and mr. richard stane● , they resolved , that the writ of mortdancester would not lie in that case , claiming both as heirs to one ancestor ; but because the king of scots title to it was as heir to margaret wife of hubert de burgo , they said to iohn de burgo , that he should shew cause , quare praedictus rex scotiae praedictū manerium habere non debeat : and so much touching the counsils power and jurisdiction in former times . whose excessive power in later ages incroaching upon the ordinary courts of justice , freeholds , liberties , properties of the subjects to their great oppression and vexation : thereupon in the late parliament of caroli , cap. . there was an excellent act made , for regulating the privy counsill , and for taking away the court commonly called the starr-chamber , fit to be put in vigorous execution against the transcendent infringers of it . by all which it appears , that the kings iustices , and counsil in parliaments ( as well as out of them ) had formerly a principal hand in making laws , ordinances ; and resolving points , questions of law , and other matters of moment . i shall close up my observations on this section with these . memorable records , relating to the kings counsell , and the nobles , in scotland and ireland , as distinct from his counsell and parliamentary assemblies in england . cl. . h. . d. . rex mandat quod abbas westm. -moretur in anglin de consilio reginae , propter recessum regis ad partes vasconiae . et mandatum est eidem reginae quod ipsum ad hoc admittat , accepto ab eo prius corporali sacramento , quod officium illud fideliter intendat . t. ut supra . cl. . h. . dors . . rex h. cantuar. archiepiscopo salutem . cum quaedam ardua & urgentia negotia statum nostrum & regni nostri tangentia , habeamus vobis communicanda , quae sine consilio vestro & aliorum magnatum nostrorum noluimus expediri , vobis mandamus in fide quia nobis tenemini firmiter injungentes , quatinus sicut nos & honorem nostrum diligitis , nullatenus omittatis , quin à die sancti hillarii proximo futuri in quindecim dies , sitis apud westm. coram regina nostra & r. com. cornub. fratre nostro , & aliis de consilio nostro , super dictis negotiis tractaturi , nec retardetis adventum vestrum quin sitis ad dictum diem tempestive . teste a. regina & r. com. cornub. apud westm. the cause of this meeting is at large related in another writ to this archbishop , forecited . p. . . upon the same occasion the king issued this writ to the king of scots , entred in the same roll and dorse . rex regi scotiae salutem . quia ratio vinculi & foederis inter nos contracti requirit , quod vobis & fidelibus vestris ardua & urgentia negotia statum nostrum & terrae nostrae tangentia communicemus , & vos nobis vice versa ; serenitatem vestram ex toto corde requirimus , quatinus in quindena purificationis beatae mariae prox . futur . apud castrum puellarum de edenburgh personaliter interesse velitis ; convocantes & inducentes praelatos & magnates regni vestri , ut ad dictos diem & locum representent se coram vobis modis omnibus . nullo enim modo expediret honori & proficuo nostro & vestro , quin modo praedicto ad praedictos diem & locum compareatis ; audituri per nuncios nostros qui de vasconia vobis ibidem occurrent , praedicta negotia arduissima & urgentissima , in quibus necesse est , quod vos & fideles vestri consilium vestrum pariter & auxilium apponatis . t. ut supra , per reginam & comitem . it is observable , that the king by this writ doth not summon the king of scots and his nobles to his parliament , or counsell of england , as members thereof , to advise and assist him in this necessitie , notwithstanding the strict alliance and league between them , but to assemble together at edenburgh in their own country , by themselves alone , as the officers and nobles of ireland were then also required to meet in ireland by themselves , by this ensuing writ of the same date with the former . rex mauricio filio giraldi salutem . quia rex castell cum multitudine exercitus christianorum & saracenorum terram nostram vasconiae in quindena pasche prox . futur . ingressurus est hostiliter , non solum ad eandem terram destruendam & occupandam , set & ad terras nostras angliae & hiberniae , per introitum dictae terrae , si eam optineret , quod absit , invadendas aspirat , & nos in propria persona nostra cum eodem rege bellum campestre aggredi proposuimus ; de universa fidelitate vestra , quam in agendis nostris fructuosam semper invenimus , plenam gerentes fiduciam , vos requirimus , & in fide qua nobis tenemini affectuosè rogamus , quatinus sic●t nos & honorem nostrum & indempnitatem corporis nostri diligitis , in hac necessitate nostra non parcentes personae aut rebus vestris , nulla ratione seu occasione differatis quin poteritis vos praeparare ad veniendum ad nos in vasconiam , omnes amicos vestros ad hoc idem inducentes . ita quod sitis apud waterford in octabis pasche prox . futur . cum equis & armis & bona gente , prompti & parati statim naves ascendere ad transfretandum ad nos in terram praedictam . scitote indubitanter qui nobis in hac parte subvenerint , eorum amici erimus & benevoli imperpetuum ; & qui nos in hac urgenti & inexuperabi●i necessi●ate relinquerint , de eis alias minus confidere poterimus , & eis minus grati erimus . nunquam etiam futuris temporibus tanta nobis imminebit necessitas consilii & auxilii sicut in presenti negotio . et ad regerendum vobis plenius pericula nostrorum inimicorum , iohannem filium galfridi , justiciarium nostrum hiberniae , ad partes illas ( misimus ) cui apud dublinum ad in stantem mediam quadragesimam ; una cum aliis magnatibus nostris hiberniae quibus●id mandavimus accedatis , audituri voluntatem nostram , & cum ip●o super praemissis , plenius tractaturi . t. ut supra . an exact alphabetical table of all the kings counsil , whether judges , serjeants at law , officers of state , deans , archdeacons , 〈◊〉 other clergy men or laymen , from e. . till e. . with the yeares , rolls , dorses of each king wherein they were summoned to parliaments . by which you may finde , who were chief justices , judges , officers , in each kings reign . a iohn abell , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , , ( d. . . ) , ( d. . ) e. . magister richard de abyngdon , ( d. . . . ) , ( d. . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) ( d. . ) e. . magister robert de aileston , archidiac : berks , , ( d. . . ) thesaurarius regis , e. . richard de aldeburge , ( d. . ) , , e. . peter arderne , , , , , , , ( twice ) h. . , , e. . magister robert de ashton , , , ( d. . . ) r. . henry asty , and astee , , e. . , ● , , ( d. . . ) , , r. . william de ayremine , ( d. . ) , ( d. . . ) e. . william ayscogh , , , , , , h. . william ayshton , , , , , , , h. . , e. . b vvilliam babington h. . , , , , , , , , , h. . iohn bacun , , ( d. . . ) , ( d. . ) e. . thomas bacoun , ( p. . d. . ) , ( d. . ) e. . magister robert de baldock , , ( d. . . ) archidiac : midd. , ( d. . . ) , ( d ▪ . ) ( d. . ) e. . iohn de banquell , ( d. . ) e. . magister william de bardelby e. . ( d. . ) robert de bardelby , ( d. . ) e. . magister iohn barnet , , ( d. . ) e. . ( clericus ) , , , , , , , , , , , , , , , , r. . , , , h. . robert de bartermine , ( d. . ) e. . mr. thomas de barton cleric , , , , , , r. . william basset , , , ( d. . . ) , , e. . william batford ( d. . ) e. . iohn de batesford , ( d. . . ) , ( d. . . ) e. . , ( d. . ▪ . ) , ( d. . ) , , ( d. . ) , , ( d. ) e. . roger de bukwell , , , ( d. . . ) ( p. . d. ) e. . robert de baynard , ( d. . . . ) , ( d. . ) e. . robert de bealknap , e. . . , , ( d. . . ) . , , , , , r. . magister robert de bedeswell ( d. . ) e. . magister antony de bek dean of lincoln ( d. . ) e. . ely de bekingham , , , ( d. . ) e. . roger beler , e. . robert de bellofago , ( d. . . . ) , ( d. . ) e. . iohn de benstede , , , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , , ( d. . . ) , ( d. . . ) , ( d. . ) e. . william de bereford , ( d. . ) , , ( d. . ) , ( d. . . ) , e. . , ( d. . . . ) , ( d. . . . ) , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , , ( d. . . ) , ( d. . . ) , ( d. . . ) , , , e. . richard de bermingham , ( d. . ) , , ( d. . . ) , ( d. . . ) , , ( d. . ) e. . iohn de berwike , ( d. . ) , e. . , ( d. . , . ) , ( d. . . . ) f. . robert de betford ( d. . ) e. . see retford . thomas billing , h. ▪ , , , , e. . nicholas de bolingbroke , ( d. . ) ( d. . ) e. . iohn de bosco ( d. . ) e. . iohn de bowsser , bousser , ( d. . ) , , , e. . , ( d. . . ) e. . roger b●abazon , ( d. . ) , , ( d. . . ) , ( d. . . ) , ( d. . ) e. . , ( d. . . ) , d. . . . ) , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) e. . magister reginald de brandon , ( d. . ) , , ( d. . . ) , ( d. . . ) e. . william brenchesle , , , , , , r. . , , , , h. . iohn de breton , bretton , , ( d. . . . ) , ( d. . ) e. . most likely the author of britton . adam de brom ( d. . ) e. . magistro andrew de bruges , ( d. . ) e. . thomas bryan ( miles ) & ( d. . ) e. . magister thomas de buckton , ( d. . ) , , , e. . william de burgh , , r. . roger de burton , ( d. . ) e. . richard de burton , ( d. . ) e. . william de burne ( d. , . ) , , ( d. . ) e. . richard byngham , , , , , , , ( miles ) h. . , , , e. . c magister iohn de cadamo , ( d. . ) , ( d. . ) , e. . . ( d. . . . ) , ( d. . ) , e. . thomas de cantebrig . , ( d. . . . ) , ( d. . . ) e. . iohn de cantebrig . , ( d. . ) , ( d. . , ) , ( d. , ) , , e. . william de carleton , charleton , ( d. . ) , , ( d. . ) , ( d. . . ) e. . , ( d. . . . ) , ( d. . . ) e. . magister thomas de carleton , or charleton , , ( d. . ) e. . , ( d. . ) e. . magister iohn de carleton , ( dean of wells ) , ( d. . . ) , , ● . . iohn de carleton , or cherleton , capitalis iusticiarius regis de com : banco , , , , , , , ( d. . . ) r. . iohn cassy , capitalis baro de scaccario regis , , , , , , ( d. . . ) , , , r. . h. . iohn catesby h. . , , & ( d. . ) e. . hugh de cave ( d. . ) e. . iohn de cavendish , capitalis justiciarius regis , , ( d. . ) , , ● . . , , ( d. . . ) , r. . magister henry chadesden , written also chaddeston , , , , , , e. . mag : nicholas de chadesdon , & chaddeston , , , , , , e. . ( clericus ) , , ( d. . . ) . , r. . iohn de chaynnel , ( d. . ) , ( d. . . ) , ( d. . ) , , ( d. . . ) . ( d. . . ) , , ( d. . ) e. . william cbeyne , , , , , , h. . , . ( capitalis justiciarius regis ) , , , , , ▪ , h. . richard chikle , or chicke , , , ( miles ) h. . , , , , & ( d. . ) e. . richard de clare escheator beyond trent : , ( d. . . ) , , ( d. . ) e. . robert de cliderhow , ( d. . ) e. . walter clopton , ( capitalis justiciarius regis , ) , , , , , , . , , r. . , h. . iohn de cobeham , cobham , ( d. . ) , , ( d. , . ) e. . magister thomas de cobham , ( d. , ) , ( d. . ) , d. . ) e , . iohn de cobham , ( d. . ) e. . iohn de cokeyn , , h. . , . , , , ● h. . , , , . ( d. . ) h. . iohn colepepper . , , , , h. . ( d. . ) h. . william de colneye , ( d . . . ) , ( d , . ) e. . william de cornish ( d. . ) e. . iohn cottesmore ( unus servientium regis ad legem , ) , , , , , , , , h. . magister iohn de crancombe , or crancumbe , archidiac : estrid . , ( d. . ) , ( d , . . ) , ( d. . . ) e. . hugh de cressingham ( d. . ) e. . adam de crokedaykes , ( d. . ) , ( d. . . ) , ( d. . . ) e. . ralph de crophill escheator citra trentam , ( d. . ) , , ( d. . ) e. . d magister peter damory , ( d. . ) e. , robert danby , , , , , h. . , , ( d. . ) e. . robert danver , , , h. , , , , ( d. . ) e. . magister peter de dene , or denny , ( d. . ) , ( d. . . ) , ( d. . . ) , e. . , ( d. . ) , ( d. . ) , ( d. . . ) , , ( d. . . ) e. . william de dennie ( d. . ) e. . iohn de dennom , or dennum , ( d. . ) , , , ▪ e. . , ( p. . d. . ) e. . william de dennum , e. . magister iohn de derby decanus litchf . , ( d. . ) , ( d. . . ) , ( d. . . ) e. . edmond deyncourt , ( d. . . . ) , ( d. . ) e. . iohn de donecaster , ( d. . . ) , ( d. . ) , , ( d. . ) , ( d. . . ) , ( d. . ) , , d. . . ) , ( d. . ) , , ( d. . ) e. . e geofry de edenham , ( d. . . ) , ( d. . ) e. . henry de enfeld ( d. . ) e. . magister rich : de erymn ( d. . ) e. . , ( d. . ) e. . geoffry de eton , , ( d. . ) ( d. ) e. . magister iohn de everdon , and everden , , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) ▪ ( d. . ) , , ( d. . . ) , ( d. . ) , ( d. . ) e. . william de everdon , , , , ( cancellarius scaccar . ) e. . iohn de eure , ( d. . ) , , ( d. . . ) ● . . william exon episcopus ; thesaurarius regis , ( d. . ) e. . summoned both as a bishop , and as one of the counsil besides , in this roll. f gvido fairfax h. . , , , ( miles ) & ( d. . ) e. . thomas de fencotes , , ( d. . ) , , e. . nicholas fernibaud , ( d. . ) e. . william de finchenden , and fincheden , , , , e. . william fishride , ( d. . . ) e. . iohn fortescue , ( miles ) , , , , , , , h. . iohn de foxle , or foxley , ( d. . ) , ( d. . ) , , ( d. ) , ( d. . ) , ( d. . ) , ( d. . ) , , ( d. . . ) , , ( d. . . ) e. . magister iohn fraunceis , ( d. . ) , ( d. . ) e. . iohn de fresingfeld , tresingfeld , ( d. . . ) , ( d. . . ) e. . walter de freskemy , ( d. . ) , , , , e. . , ( d. . ) , ( d. . . . ) e. . william de fulburne , e. . roger de fulthorpe , e. . , , , , , , , , , r. . thomas fulthorp , , , , ( miles ) , , , , , h. . g william goscoigne , , r. . , , ( capitalis justiciarius regis ) , , , , , , h. . h. . walter de gloucester , ( d. . . . ) , ( d. . . ) e. . richard de gloucester e. . , ( d , ) , ( d. . ) e. . william goderede , , , , , , , , h. . william de goldington , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , , ( d. . . ) e. . magister peter de granvill , ( d. . ) e. . henry de green ( the kings serjeant at law , afterwards a judge ) , , , ( d. . . ) , , , , , , , ( d. . . ) , , , e. . magister william de grenfeld , ( d. . ) , ( dean of chichester ) , ( d. . ) , ( d. . ) e. . henry de guldeford , gildeford , , ( d. . . ) , ( d. . ) e. . , , ( d. . ) , ( d. . ) e. . h david de hannemere , , r. . william hankford , , , , , , , ● r. . , , , , , , , , h. . , ( capitalis justiciarius regis ) , , , , , , h. . , h. . magister michael de harcla , , ( d. . ) , e. . william havely ( d. . ) r. . , ● h. . iohn de havering , justiciarius northwalliae , , ( d. . . ) e. . magist : rich. de haverings , ( d. . ) , , ( d. . . ) e. ● . william haward , ( d. . ) , , ( d. . ) , ( d. . ) e. . , ( d. . . ) e. . roger de hegham , ( d. . . ) , ( d. . ) e. . , ( d. . . ) , ( d. . . ) e. . ralph de hengham , ( d. . . ) , ( d. . ) e. . , ( d. . . . ) , ( d. . . ) e. . adam de herewinton , ( d. . ) , e. , , ( d. . . ) e. . william de herle , ( d. . ) , ( d. . . ) , ( d. , . ) , , ( d. . . ) , , , , e. . , ( d. . . ) , ( d , . . ) , ( d. . ) , ( d. . . . ) , ( d. . . ) , ( d. . . . ) , , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , ( d. . . ) e . william de herleston ( d. . ) e. . geoffry de hertelpole , ( d. . . ) , ( d. . ) , ( d. . ) , ( d. . ) , , , e. . robert de hertford , ( d. . ) e. . robert hill , , h. . . , , , , , , h. . h. . magister iohn de hildersle , or hildesle , ( d. . ) e. . ( cancellarius scaccarii ) , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , ( d. . . ) e. . roger hillary , , , , , ( d. . . ) , , , , e. . iohn hody , ( miles , & capitalis justiciarius regis ) ( d. . ) h. . iohn holt , , r. . roger horton , , , , h. . h. . robert hoter ( d. . ) h. . iohn de hotham , hothnm , ( d. . ) , ( d. . ) , ( d. ) , , ( d. . . ) e. . william huddessend & ( d. . ) e. . hugh hulls , herle , hales , , , r. . , , , , , , , h. . , , h. . iohn hulls , , , , , , ( one of the kings serjeants at law ) h. . , , , , , , , , h. . william hussce , ( miles ) & ( d. . ) e. . william hynderston ( d. . ) h. . i magister henry de iddesworth e. . , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . . ) , ● , , , ( d. . . ) , ( d. . . . ) , e. . william ienny & ( d. . ) e. . william inge , or iuge , , ( d. . ) , , ( d. . . ) , e. . , ( d. . . . ) , ( d. ● . . . . ) , ( d. . ) , ( d. . ) , ( d. . ) , ( d. . ) , , ( d. . ) , e. . iohn inge , or iuge , ( d. . . ) , ( d. . . ) , , , ( d. . ) , , ( d. . . ) , ( d. . ) e. ● . thomas de ingleby , ( d. . ) , , , , , , , , , e. . . ( breve nou fuit signatum ) r. . iohn de insula ( d. . ) , , ( d. . . ) , ( d. . . ) , e. . , ( d. . . ) , ( d. . ) , , ( ● . . ) , ( d. . . ) , ( d. . ) , ( d. . ) , , ( d. . . ) , ( d. . . ) e. . magister simon de islep , , , , ( d. . ) e. . iohn iuyn , , , , . , , , ( capitalis justiciarius regis ) ( d. ● . ) h. . k richard de kelleshull , , . ( d. . . ) , , e. . magister william de kilkeny , or kilkenny , ( d. . ) , , ( d. . . ) , ( d. . . ) e. . iohn de kirkeby , ( d. . ) e. . roger de kirketon , ( d. . ) ( d. . ) e. . magister william de knapton , ( d. . ) e. . gilbert de knouill , , ( d. . . . ) , ( d. . ) e. . iohn knyvet , ( d. . . ) , ( d. . ) , , , , , , e. . ( chivaler ) , , ( d. . . ) , r. . l magister iohn de lacy , ( d. . ) , , ( d. . . ) e. . iohn de lancaster , ( d. . ) e. . william layton ( d. . ) h. . magister iohn de leech , ( d. , ) , , , , , ( d. . . ) e. . peter de leicestr . , ( d. . ) , ( d. . ) , ( d. . ) ● . . hugh de leminster , thesaurarius de carnarvan ( d. . . ) e. . iohn de lichegreins , ( d. . ) e. . thomas littleton , , h. . , , , , ( d. ) e. . thomas de lodelowe , , , e. , william lodington , , , , , h. . iohn de lockton ( d. . ) r. . william lockton , , r. . magister iohn lovell , luvel , de snotescombe , ( d. . ) , , ( d. . . ) , ( d. . . ) e. . , ( d. . ) e. . hugh de louthre , ( d. . ) e. . thomas de louthre , ( d. . ) e. . thomas de louche , ( d. . ) e. . magister thomas de lugore , lugorre , , ( d. . . ) , ( d. . . ) , e. . , ( d. . ) , ( d. . . ) , ( d. . ) e. . adam de lymberge ( d. . ) e. . l robert de madingle , maddingle , ( d. . ) , , ( d. . . ) e. . robert de malberthorpe ( babthorp ) , ●d . . ) ● , , , ( d. . ) e. . , ( d , . . ) , ( d. . . . ) , ( d. . ) e. . peter malorre , ( d. . ) , , ( d. . . ) , ( d. . ) , e. . , ( d. . . . ) e. . stephen de malo-la●u , ( d. . ) , ( d. . . ) , ( d. ) e. . iohn markham , , , , , , , , , r. . , , , , h. . iohn markam , , , , , . , h. , , , e. . magister philip martell , ( d. . . ) , ( d. . . ) e. . iohn martyn , h. . , , , , , , , , h. . roger de meres , merkes , ( d. . ) e. . , , , r. . iohn de merkingfeld , ( d. ) , ( d. . . ) , ( d. ) e. . iohn de metingham ( d. . ) , , ( d. . . ) e. . adam de middleton , ( d. . ) e. . magister gilbert de middleton , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , , , e. . , ( d. . . ) ( archidiaconus northampton ) , ( d. . . . ) , ( d. . ) , ( d. . . ) e. . magister thomas de middleton , ( d. . ) e. . magister adam de mirymouth , merymouth , . , ( d. . . ) , ( d. . . ) , , ( d. . . ) , ( d. . ) e. . iohn de mitford , mutford , ( d. . . ) , ( d. . ) , , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , , ( d. . . ) , ( d. . . ) , , , e. . ● , ( d. . . ) e. . magister iordan morant , menaunt , ( d. . . ) , , ( d. . ) e. . william de mortuo-mari , ( d. . ) , ( d. . . ) , ( d. . ) e. . , ( d. , . , ( d. . ) ( d. . ) e. . henry de motelowe , ( d. . . e. . iohn de moubray ( the kings serjeant at law ) , , , . ( d. . . ) , ( d. . ) , , , , , e. . walter moyle , , , , , , , ( miles ) h. . , , e. . n magister iohn de nassington , ( d. . ) senior . , d. . ) , ( d. . . ) , ( d. . ) canonicus ebor. , ( d. . . ) , , ( d. . . ) e. . iohn nedeham , ( miles ) h. . , , , , e. . richard neel h. . , , ( d. . ) & ( d. . ) e. . magister h. de newarkes decanus ebor. , ( d. . ) ● . . richard newton , , , , , ( miles ) , , h. . magister robert de norton ( d. . ) e. . walter de norwich , ( d. ) , ( d. . . ) , ( d. . ) , ( d. . ) , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , e. . , ( d. . . ) , ( d. . . . ) e. . robert de nottingham ( d. . ) e. . william nottingham , , h. . william de notton ( serviens regis ad legem ) , , ( d. . . ) , , , , , , , ( d. . ) e. . richard notton , written oft norton , , , h. . , ( capitalis justiciarius regis de com. banco ) , , , , h. . o iohn de ockam ( cobeham ) , ( d. . . ) , ( d. . . ) e. . magister iohn de offord , vfford , ( d. . . ) , ( d. . . ) , , , , ( d. . . ) ( serviens regis ) , ( d. . . ) e. . william de ormesby , ( d. . ) , ( d. . ) , ( d. . ) , e. . , ( d. . . ) , ( d. . . . ) , , ( d. . ) , ( d. . . ) , ( d. ) , , ( d. . ) e. . adam de osgoteby , ( d. . ) , ( d. . ) e. . p magister roger page , clericus , , r. . robert parnings , , , , ( d. . . ) serviens regis , , , , ( d. . . ) thesaurarius regis e. . edmund de passeleiwe , ( d. . ) , , , , e. . william paston , , , , , , , h. . iohn de sancto paulo , , , ( d. . ) e. . henry percehay , r. . richard de pere e. . e. . magister robert de pickering , ( d. . ) , ( d. . . ) , e. . , ( d. . , . ) , ( d. . . ) , ( d. . ) , d. . . ) ( decanus ebor. ) , ( d. . ) , , ( d. . . ) , , , e. . magister william pickering , ( d. . ) archidiaconus nottingham , ● , ( d. . . ) , e. . richard pigot h. . , , & ( d. . ) e. . thomas pinchebecke ( capitalis baro scac. regis ) , r. . magister richard de plescy , , ( d. . . ) e. . robert de plesington capitalis baro de scaccar . regis , , , , , , r. . magister richard de plumsted , writ plumstoke . , ( d. . ) , ( d. . . . ) e. . , ( d. . ) , , ( d. . . ) e. . ralph pole , h. . iohn portington , , , , , , h. . iohn preston , ● , , , , h. . , , , , , h. . iohn prysot , , , , , , ( miles ) h. . r. magister r. decanus sancti pauli london , ( d. . , ( d. . ) e. . , ( d. . . ) e. . magister iohn de radeswell ( d. . ) e. . magister richard de radeswell archidiac . cestr. , , ( d. . . ) , ( d. . . ) e. . magister robert de radeswell , redeswell , ( d. . ) e. . , ( d. . ) e. . iohn randolfe , ( d. . . ) , ( d. . ) e. . robert de ratford , or retford , ( d. . ) , ( d. . ) , ( d. . . ) e. . , ( d. . . . ) , ( d. ● . . . . ) , , ( d. . ) , ( d. . ) , ●d . . ) , ( d. , . ) . ●d . . . ) e. . see batford . robert de reinford , ( d. . ) e. . richard de rodeway , ( d. . ) , ( d. . ) , ( d. . ) , , ( d. . . ) eschaetor citra trentam , ( d. . ) e. . gilbert de roubury , rubery , ( d. . ) , , ( d. . . ) , ( d. . . ) , e. . , ( d. . . . ) , ( d. , . . ) , , ( d. . ) , ( . . ) , ( d. . ) , ( d. ● ) , ( d. . . ) , ( d. . ) e. . william rykill , , , , , , , , , , r. . , , , , h. . s robert de sadington , capitalis baro scac. regis , , , ( d. . . ) , ( d. , . ) , , , ( d. . ) e. . gerard de salvayne eschaetor ultra trentam , ( d. . ) , ( d. . ) e , . magister boniface de saluciis , ( d. . ) , ( d. . ) e. . magister thomas sampson , , , . ( d. . . ) , ( d. . . . ) , , ( d. , . ) , e. . iohn de sandale , ( d. . . ) , ( , , . ) , ( d. . ) e. . robert de sapy eschaetor citra trentam , , ( d. , ) e. , magister william de sardene offic : cantuar. , ( d. . ) , ( d. . . ) e. , roger savage , sauvage , ( d. . . ) , ( . ) e. . william scot , ( d. , . ) serviens regis , , e. , roger le scoter , ( d. . ) e. . william screne , , h. . , , h. . geoffry le scroope , ( d. . . ) , , ( d. . . ) , , , , e. . , ( d. . . ) , ( d. . . . ) , ( d. . ) , ( d. , . . ) capitalis justiciarius , ( d. . . ) , ( d. . . . ) , , , , ( d. , . ) , ( d. . . . ) , ( d. . . ) e. . henry le scroope , ( d. . ) , ( d. . . ) , , ( d. , ) , ( d. . ) , ( d. ) , ( d. . . ) , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , e. . , ( d. . . . ) , ( d. . . ) , ( d. . . ) , ( d. . ) , e. . iohn de seton serviens regis , , ( d. . , ) , , , , , , ( d. . . ) e. . magister iohn de silveston , selveston , , ( d. . ) e. . thomas de sinterton , ( d. . ) e. . iohn de shardelowe , , e. . william de shareshull ; ( d. . . ) , , , , ( d. . ) , ( d. . . ) , ( d. . . ) , ( d. . . ) , , , , ( d. . . ) , , , , , , , ( d. , . ) , ( d. . ) e. . iohn de shoredike , shordich , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , ( d. . . ) e. . william de skipwith serviens regis , , , ( d. . ) , ( d. . ) , , , e. . , , , , , , , , , r. . osbert de spaldington ( d. . ) e. . henry spigurnell ( d. . . ) , ( d. . ) , e , . , ( d. . . . ) , ( d. . . . ) , ( d. . ) , ( d. . . ) , ( d. . ) , . ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , e. . richard de stanford ( d. . ) e. . henry de stanton , ( d. . . ) , ( d. . . ) , , ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , ( d. . ) e. , ( d. . ) e. . gilbert de stapleton escheator citra trent● , ( d. . ) e. iohn de stoner , stonore , stonnore , , ( d. . ) , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , e. . , ( d. . . . ) , ( d. . . . ) , ( d. . . ) , ( d. . . ) , , , , ( d. . . ) , ( d. . . . ) , , ( d. . ) , ( d. . . ) , , , , , , ( d. . . ) , , , e. . iohn de stonford sonford , ( d. . ) , ( d. . . ) , ( d. . ) , , ( d. . . ) , , , , , , , ( d. . . ) e. . henry stotehill ( d. . ) h. . , , , miles e. . iames strangeways , , , , ( unus servientium regis ad legem ) h. ▪ , , , , , , , h. . mr iohn de stratford , ( d. . ) , , ( d. . ) e. . magister robert de stratford archidiaconus cantuar. cancellarius de scaccario , , , , ( d. . . ) , ( d. . . . ) e. . magister iohn strecche decanus lincoln , ( d● . ) e. . herincus de sutton , ( d. . . ) , ( d. . ) e. . robert de swillington , ( d. . ) e. . richard de sydenham , , , , , ● r. . t gilbert de thornton , ( d. . ) e. . william de thorpe , , , , ( d. . . ) . , ( d. . . ) e. . magister walter de thorpe , ( d. . ) ● ( d. ● . ) , ( d. . ) e. . robert de thorpe serviens regis . , , ( d. . . ) , , , , , , , ( d. . . ) , , ( d. . ) , , , , , , e. . william thurning , , , , , , , capita●●lis justiciarius de com. banco , r. . , , , , , , , h. . h. . william de toudeby , tontheby , ( d. . . ) , , ( d. , . ) , , . , e. . , ( d. . . ) , ( d. . . . ) e. . roger townsend & ( d. . ) e. . iohn traverse , ( d. . ) , ( d. . ) e. . thomas tremoyle & ( d. . ) e. . robert tresylian , , , capit : justiciarius regis , , , , r. . iohn de trevaignon ( p. . d. . ) e. . iohn de trewosa , , ( d. . . ) e. . simon de trewechosa , ( d. . . ) e. . lambert de trikenham , ( d. . . ) , ( d. , . ) , . ( d. . ) , ( d. . . ) , ( d. . ) , ( d. . ) , , ( d. . . ) , ( d. , . ) , , ( d. , . ) , e. . thomas tyldeslye , , , h. . magister william tingewykes ( d. . ) e. . robert tyrwhite r. . , , , , , , , , h. . , , , , , , , h. . , , , h. . v iohn vampage , , , , h. . william la vavassor , ( d. . . ) , ( d. . ) e. . magister gerard de vippeins archidiac . richmond . , ( d. . ) e. . w iohn wadham , , , , , , , , r. . humfry de waledon e. . , ( p. . d. . ) e. . magister iohn walewayne , ( d. . . ) , ( d. . ) thesaurarius regis ( d. . ) , , ( d. , ) e. . magister iohn de waltham e. . , , r. . ingelard de warle , ( d. . . ) e. . nicholas de warre , ( d. . . ) . ( d. . ) e. . magister henry la warre , h. . h. . william westbury , , , , . , , h. . iohn de westcote , ( d. . ) e. . william de weston , , e. . , ( d. . . ) e. . philip de willoughby decan . lincoln . , ( d. . ) cancell . scac. regis , ( d. . . ) , ( d. , . ) e. . richard de willoughby , willughby , ( d. . ) , ( d. . . ) . ( d. . . ) , ( d. , , . ) , , , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , ( d. . . ) , , ( d. . . ) , , , , , ( d. . ) e. . robert de wodehouse , ( d. . . ) , , e. . ( archidiac , richmond ) , ( d. . ) ( thesaurarius regis ) , ( d. . . ) , ( d. . . ) , , ( d. . . ) , ( d. . . ) , e. . william de wychyngham , , , , , e. . , r. . magister gerrard de wyspanes archidiac , richmond ● , ( d. . ) e. . x william yelverton , , , , , . , ( miles ) h. , , , , e. . magister thomas younge , ( d. . ) , . offic. cur. cancellar . , , , , , e. . thomas younge ( d. . ) ● . . , e. . z magister william de la zousche decanus ecclesiae beatae mariae ebor. thesaurarius regis , ( d. . ) , , ( d. . . ) , ( d. . . ) e. . where the dorses are for brevity omitted in any years of this or any the precedent tables after a particular name you may readily find them in the precedent sections , in the writs to the prelats , temporal lords and counsil , which are all entred together in the self-same rolls , and dorses , when they all occurr . general useful observations on and from the precedent writs of summons , mentioned in the premised sections ; and the . sections next ensuing in the second part following them . having thus presented you with ▪ distinct sections or squadrons of writs of summons , to our parliaments , great councils and convocations , issued to arch-bishops , bishops , abbots , priors , and other ecclesiastical lords ; the p. of wales , dukes , earls , barons temporal lords , and great men of the realm , the kings counsil , iustices , with some useful particular observations on them in each section , i shall for a close of this first part of my breif register , kalender , and survey of them , superadd some general necessary observations on , and conclusions from them , and the . next following sections ( which i intended to have annexed to this first part of my register , but now shall reserve for the second , ) for the further information of the readers , the benefit of posterity , and rectifying some oversights in sundry printed trivial discourses of our english parliaments . first , from the manifold rare , delightful varieties , forms , diversities , and distinct kinds of writs of sommons , transcribed out of the clause rolls , in a chronological method ; va●ied from time to time by our kings , their chancellors , counsellors , and officers , who formed them , as there was occasion , without the privity or direction of their parliaments , before the statutes of . h. . c. . . h. . c. . . h. . c. . . h. . c. . . which ordered some new clauses to be inserted only into the vvrits for election of knights of shires , ( and none else ) for preventing and rectifying abuses in such elections , but prescribed no set unalterable future form● , for those or any other writs of sommons , leaving the king and his counsil at free liberty as before , to vary and alter them as they saw just cause ; the judicious readers may clearly discern , what little credit is to be given to reverend sir edward cookes ob●ervation , in his slight a discourse , touching the vvrits of sommons of parliament , which are to be found in the close rolls from time to time ; which begins thus . a●d it is to be observed , that the substance of the vvrits , ought to continue in their original essence , without any alteration or addition , unlesse it be by act of parliament . for if b original vvrits at the common law can receive no alteration or addition , but by act of parliament , a multo fortiori , the writs of the sommons of the highest court of parliament , can receive no alteration or addition but by act of parliament , &c. but had this great oracle of the law , diligently considered the manifold varieties of the writs of sommons to parliaments , with their several alteraions and additions , made from time to time upon emergent occasions , without any act or order of parliament ; or , had he remembred old c bractons , and his own distinction of these two different sorts of original vvrits , in the places he refers us to in his margin , viz. brevia originalia , quaedam sunt formata sub suis casibus , & de cursu , & de communi concilio totius regni concessa et approbata quae quadem nullatenus mutari poterint , absque consensu et voluntate ●orum : & quaedam magistralia , et saepe variantur secundum varietatem casuum , factorum et quaerelarum , ; and that by the masters and clarks of the chancery themselves , according to the variety of every mans case ; as d himself , and the statute of vvestm . . c. . resolve us , without any act , or common consent in parliament , and then judiciously pondered , that writs of sommons to parliaments , are all of this latter kind , only migistrali● , and frequently varied according to the several varieties of the causes , publick grievances dangers , emergences , businesses , complaints , occasiōing their sommoning , expressed usually in these writs different prologues ; he would certainly never have made such a strange erronious observation as this upon these writs , contradicted by so many presidents on record in all former ages ; nor alleaged such a pittiful mistaken argument a multo fortiori , and such authorities to justifie it ; which diametrically contradict both his reason and observation , the writs of sommons being all of them magistralia , not formata sub suis casibus , ( as the miserably mistook them to be . ) therefore if such magistral writs are of●●imes varied , according to the variety of cases , facts and complaints in particular mens cases , by the clerks of chancery , and cursitors themselves , without act of parliament , a multo fortiori , may writs of sommons to parliaments of the self same kind , which concern the great weighty affairs of the king , kingdom and church of england , be varied , altered by the king himself , with the advise of his great officers , judges , council , according to the variety of emergent occasions , requiring parliaments to be called , without any act or consent of parliament authorizing it , notwithstanding sir edwards groundlesse assertion to the contrary , though prefaced with and it is to be observed ; as i conceive it will henceforth be for a great mistake , although formerly believed as an undoubted truth , upon his ipse dixit ; whose venerable reputation hath canonized many of his apochryphal conceipts , which have dangerously seduced most students and professors of the law , with others who peruse his institutes ; for whose better information , and vindication of the truth alone , i have upon all just occasions both detected and corrected his formerly undiscerned errors ; and this here insisted on , i hope without just offence to any of his surviving friends or progeny ; if they consider the duty and protestation of every ingenuous christian , and chronographer thus briefly expressed by st. paul , cor. . . e we can do nothing against the truth , but for the truth . secondly , it is observable , that the word parliamentum , is but once used or mentioned in any writ of sommons , act , statute , charter , patent , or other record that i have yet seen , either before or during the reigns of king iohn or henry the d. but only the word concilium , commune concilium , colloquium , tractatum ; placitum magnum , &c. which frequently occur , and are alwayes used in them to expresse that assembly of the states by , which in after times , and now is usually called parliamentum . the very first mention , and use of this word , in any writ or record i have perused , is in the writ of sommons to the cinqueports , cl. . h. . d. . sōmoning thē ad instans parliamentum nostrum , the next is in the writ of prorogation of the parliament . cl. . e. . . in dor . where it is twice thus mētioned in the writ ; generale parliamentum nostrum , eodem parliamento , and once in the margin , do veniendo ad parliamentum ; and this writ assures us that it was used in the original writs of sommons to this parliament , though not extant , compared with the printed prologue to the acts therin established . the writs of sommons from . to . e. . being not extant in the rolls ; the next use of this word i find , is in the writ● of sommons & prorogation , in clau● . . e. . dorse . cl. . e. . d. . . cl. . e. d . . . cl. . e. . d. . cl. . e. . d. . . . claus. . e. . d. . and claus. . e. . d. . in all which writs under king edward the first , not onely . colloquium & tractatum , but also the word parliamentum is mentioned , and also thus expressed in the margin of the rolls . de parliamento tenendo , deveniendo ad parliamentum , de parliamento prorogando . and so is it likewise in the writs de expensis militum qui venerunt ad parliamentum regis , clau . . e. . dors . . cl . . e. . d. . cl . . e. . d. . cl . . e. e. . d. . and cl . . e. . d. . in the writs and rolls of sommons , and de expensis militum & burgensium , under edward the d . it is commonly used and mentioned , as the premises evidence ; yet i find parliamentum totally omitted again in sundry other writs of sommons and prorogations , and the words colloquium , tractatum , & commune consilium , only made use of in them ; as in cl . . e. . d. . . cl . . e. . d. . cl . . e. . d. . cl . . e. . d. . . . cl . . e. . d. . cl . . e. . d. . . cl . . e. . d. . . . . cl . . e. . d. . and in some other succeeding rolls ; yet in the margin over against these writs , i find in divers of these rolls , de parliamento tenendo ; de veniendo ad parliamentum , summonitio & prorogatio parliamenti , written , though the words parliamentum , be not extant in the writs themselves . the first use of the word parliamentum , in any act or statute in my observation , is in the prologu● to the statutes of westminster , . an. . e. . which it stiles , son primer parliament general apres son coronement . the next usage of it is in . e. . rastal armour . wherein it is twice mentioned : after which i find it used in the prologue of westminster , . . e. . and c. . in the statute of merchants , . e. . the statutes de quo warranto ; de terris vendendis & emendis , . e. . the statute of waste for heirs , end of defending rights , . e. . the statutes de non ponendis in assisis , and de malefactoribus i● parcis , . e. . the statute of persons appealed , . e. . and the prologue to articuli super cartas the same year : the statutes de escheatoribus , . e. . the new statutes of quo warranto , . e. . ordinatio forestae , . e. . de asportatis religiosorum , c. . in most succeeding prologues to all statutes and divers acts , ever since king edward the . it is commonly and frequently used ; ( as also in our f historians in that age ) in the prologue to articuli cleri , an. . e. . there is this observable recital . sciatis quod cum dubum temporibus progenitorum nostrorum regum angliae , in diver sis parliamentis suis , & similiter postquam regni gubernacula suscipimus , in parliamentis nostris , &c. ac nuper in parliamento nostro apud lincoln , &c. attributing this title of parliamentum , not only to the parliament● held under edward the d . and first , but to general councils of state , and conferences held by our kings , lords , & great men , in the reigns of their progenitors , who were totally unacquainted with this word , and never used it for ought i can yet discover . it is agreed by all who have written of the f antiquity , or use of our english parliaments , that the word parliamentum , is no proper latin word , for that we call a parliament , but colloquium , tractatus , & commune concilium regni nostri , still reteined in the writs of sommon● , as well since the use of the word parliamentum grew common , as before in was inserted into such writs : that it is originally a meer french word , first introduced amongst us by the norman monkes , or being taken from the french , who stiled the publick conventions of their kings and princes a parliament , in their own language , and coyned this new latin word parliament●m out of it . but when , and by whom it was first introduced and used in england , is a great dispute amongst truly judicious antiquaries . many there are who conceive it to be used in the s●xons time , and * long before the reign of king henry the d , because many latin and english historians and chronologers , who ( have written since the reign of king henry the d. ) do sometimes give the title of parliamentum , & parliament , to our great councils and assemblies of the king , and of the spiritual and temporal lords in those ancient times , in their relations of them : but this questionless is a gross mistake ; since not one of all their great councils in any of their titles , prologues , laws , cannons , edicts , acts , recorded by brompton , lambard , sir henry spelman , whe●lock , fox , and others ; nor any of our historians living and writing in those times , before the later end of king henry the d. ( as gildas , beda , a●helwerdus , asser menevensis , ingulphus , willielmus , malmes buriensis , eadmerus , florentius wigorniensis , simeon dun●lmensis , aelredus abbas , henry de huntindon , sylvester gyraldhes , gulielmus neubrigeusis , simeon & richardus hagustaldensis , radulphus de diceto , roger vvendover , thomas spotte , gervasius doroberniensis , & tilburiensis , vvillielmus stephanides , gualterus mapes , gualterus coventriensis , richardus heliensis , thomas stubs , & petrus hen●am ) nor yet glanvill , bracton , andrew horn , and other lawyers flourishing under h. the . and . do once use , or apply this word parliamentum , to any one grand parliamentary council , which they alwayes call by other names , for ought i can yet discover upon my best search and inquiry . the very first of all our writers or historians in my observation , who made use of this word , and applyed it to the common councils of our realm , is matthew paris h flourishing about the midsts , and dying before the end of king henry the d. anno. . the . of his reign . he in his historia angliae , from the beginning of the conquerors reign , till the year . ( the th . of henry the d. ) alwayes made use of the words concilium , concilium magnum , colloquium tractatus , and the like , to expresse all parliamentary great councils , and state assemblies held in england ; near the space of . years before he writ , and never of parliamentum . but in anno gratiae , . and . and in no other years before or after , he useth this word five or six times only , in these insuing passages i anno . convenit ad parliamentum generalissimum totius regni angliae totalis nobilitas londini . &c , over against which the publisher , not he , adds in the margin parliamentum habitum londini , after which he subjoynes convenientibus igitur ad parliamentum m●moratum totius regni magnatibus : then followes , et postea in anglia in parliamento regis ubi congregata fuerat totius regni tam cleri quam militiae generalis vniversitas , deliberatum , &c. yet in the very next page , he returns to his old term again . die vero translationis thomae martyris habitum est magnum concilium , inter regem & regni magnates , apud vvintoniam . over against which , his continuer or publisher hath placed this marginal note . parliamentum habitum apud vvinton . the like he doth in p. . , , . and elsewere , inserting in the margin , parliamentum generale &c. , when as matthew paris useth it not , but concilium only , or the like in his text. in his k history of the next yeer ● . he proceeds thus . dominus rex francorum regni sui nobiles tam cleri quam populi generaliter edicto regio fecit convocari , ut ad parliamentum communiter convenientes , ardu negocia regni sui statum contingentia , diligenter , deliberando , contrectarent . and five pages after , dominus rex ( h. . ) jussit omnem totius regni nobilitatem convocari , &c. oxoniis : praelatosautem maxime ad hoc parliamentum vocavit arctius . applying the word parliamentum , to these assemblies of the king , lords and nobles , both in france and england , held this year , about the weighty affairs of their respective kingdoms . in his additamenta to the last addition of his history printed at london , p. . he useth the word parliamentum only once , and that in another sense ; for the conference and discourse of monkes with one another after their repasts , then prohibited the black monkes by special order , as an impediment to their contemplations and prayers . in no places else of his history or other printed pieces , do i find he made use of this word . indeed , the continuer of his history from the yeer . to the end of king henries reign . ( whom l iohn bale inform● us to be vvilliam rishanger ) flourishing under king edward the . & . ( when this word parliamentum grew cōmon both in writs of sommons , statutes , & vulgar speech ) makes frequent use thereof in his history , applying it to great councils of the realm , in the latter end of henry the d. both in the text and margin ; as in page , . . . . . . . . of his continuation , editione tiguri , , and so doth matthew westminster ( who continued the history of matthew paris ) flourishing under the reign of king edward the third , a when this word parliamentum was commonly used in all writs of summons , statutes , writers and vulgar speech ) makes frequent use thereof , applying it to the great councils of state towards the latter end of king henry the third , in his flores historiarum , londini . pars . p. , , , . . , , , , . and in subsequent pages to the parliaments held under king edward the first . henry de knyghton a canon of leicester flourishing under king richard the . de eventibus angliae , l. . c. . l. . c. , , . col. , , , . applies this word to the great councils held under the danish and other kings , before the reign of edward the . canutus vixit per . annos , & postea celebravit parliamentum apud oxoniam , &c. ranulfus consul cestriae cum rege ( stephano ) concordatus est , set tito post , in parliamento apud northamptoniam delose captus est , &c. anno . rex ( hen. . ) convocato parliamento suo oxoniae , questionem movit magnatibus suis. tenuit rex ( h. . ) parliamentum suum apud merleberg . anno regni sui . & ad exhibitionem communis justitiae multa fecit statuta , quae dicuntur statuta de marleberg . the author of the chronicle of brompton ( who b writ after the beginning of king edward the . ) doth the like in these passages , according to the language of the age wherein hee writ . c edgarvis rex parliamentum suum apud salisbiriam convocavit . post haec ( canutus ) apud oxoniam parliamentum t●nuit , &c. cito post in parliamento suo apud wintoniam . rex ( edwardus confessor ) & omnes magnates ad parliamentum tunc fuerunt , anno . rex ( henricus . ) parliamentum apud west●inst tenuit . rex angliae ( richardus . ) congregatus episcopis , comitibus & baronibus regni sui parliamentum londoniae super hoc habuit & tractatum . rex ( johannes ) parliamentum suum usque lincolniam convocaverat . so doth d radulphus cicestrensis , e thomas of wal●●ngham ( who writ under k. henry the . ) and after them fabian , caxton , polydor virgil , grafton , speed , stow , holinshed , daniel , baker , and other of our late historians ; whereupon their injudicious credulous readers of all sorts , conceit not onely the words parliamentum & parliament , but even the thing it self ( as since constituted of knights , citizens and burgesses , as well as of the king , spiritual and temporal lords , nobles , barons , and great men ) to have been in common use both under our saxon , danish , norman , and english kings , long before the reign or . year of king henry the . when as neither the name nor thing it self ( as now compacted ) was either known to , or used by any aniquaries , councils , records , historians , or english writers before mat. paris , that i have yet seen or heard of . from whence ( to omit other arguments , with the writs de expensis militum & burgensium levandis , mentioned in the modus tenendi parlamentum , though in no records before , claus. . e. . ) it indeniably appears , that this absurd ridiculous modus , so much magnified , followed , relied upon by f sir edward cook , in sundry of his books , as a most ancient authentick record , both known , and used in edward the confessors time ; for certain rehearsed before william the conqueror , by the discreet men of the realm , and by him approved , and used , who kept a parliament according to its prescription , ( which the book of . e. . f. . hee cites to prove it , directly contradicts ) after which king h. the . fitted and transcribed this modus into ireland in a parchment roll for the holding of parliaments there . which no doubt hee did by the advice of his iudges , &c. that this modus was seen by the makers of magna charta , anno . h. . c. . concerning the reducing of ancient reliefs of intire earldemos , baronies & knights fees , according to such proportions as is contained in the modus , which they could not have done so punctually if they had not seen the same : ( all which hee asserts with so much confidence , as if hee had been an eye-witness thereof himself , though most gross untruths ) is in verity a late spurious imposture : written long after the reign of king henry the . and edward the . himself confessing that some part thereof is cited in ( he should have said taken out of ) the parliament roll of anno . r. . and other records of parliament , and not compiled before the latter end of king r. the . g the word parliamentum being not onely used many hundred times , almost in every line throughout this modus , and not the words concilium or collequium , but likewise intituling and denominating the very treatise it self , which grew not into such vulgar use , till after the reign of king henry the . under king edward the . and succeeding kings , as appears by thomas walsingham , hist , angliae . p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . ypodigma neustriae . p. , , , , , , , , , . & h henry de knyghton , and was totally unknown to , and not used by any lawyers , states-men , clerks , writers of our english annals before the reign of king henry the . which i much wonder sir edward cook ( who writes , that after diligent search hee could finde nothing against this modus , and demands , quis vitupera●it ? ) and some i others of ou antiquaries observed not , being so palpable an imposture , as k mr. selden , l archbishop usher , and others , have discovered it to be . indeed i found one roll in the tower , anno . e. . stiled modus parliamenti , which upon its first view i conceited might have some affinity with , or at least give some colour to this forged modus ; but upon perusal it proved onely a roll of the proceedings in the parliament of . e. . farre different from this modus , and having no affinity with it , yet peradventure the author of this imposture , borrowed his title from it . besides the late introduction of the word parliamentum into england , doth likewise discover m sir edward cooks other pretended ancient manuscript of the monastery . of st. edmonds ( which hee much cried up , yet never would send judicious n sr. henry spelman to peruse , perchance lest hee should detect its novelty and imposture ) to be of no such antiquity ( as hee conceited it to be , written , o in king cnutes reign , or not long after it ) but after henry the . his reign ; since the words parliamentum , in suo public● parliamento , tunc in eodem parliamento personaliter existentibus were not grown in use till edward the , , & . and the whole clause hee prints out of it in his preface to his . reports , prove it to be written under one of these three kings reigns , if not after them , as the modus was : by both which you may easily discern , how little insight this great lawyer had in histories , antiquities , or records , as to be cheated , besotted with such impostures , and bottom his discourses of our parliaments upon such spurious rotten foundations as these . . that no oath nor engagement whatsoever was antiently imposed on the members of the lords or commons house , to debar or seclude any of them from sitting or voting , much less were any of them suspended or forcibly kept out of either house till they had taken any new-invented oath , prescribed them onely by a prevailing party , without a legal act of parliament ratified both by the kings , lords , and commons in an orderly manner ; such inforced seclusive oaths , being inconsistent both with the freedome , priviledges , rights of old english parliaments . the parliament of . eliz. c. . upon the abolishing of popery , and restitution of the protestant religion , having by unanimous consent of the three states , made and prescribed an oath of supremacy ( for the preservation of the ancient rights and royalties of the crown of england , and of the persons of the queen , her heirs and successors , against the usurpations , claimes , practices of the bishop , of rome , and his confederates ) on all arch-bishops , bishops , arch-deacons , clergy-men , and temporal officers : by reason of the manifold plots and treasons of the pope and papists against the queens person , crown , and realm , the parliament of . eliz. c. . thought fit to prescribe this oath , for the better detection of persons popishly affected , not onely to all readers , barresters , graduates in the universities , schoolmasters , sheriffs , and other inferiour officers , but likewise to all future knights , citizens , and burgesses of parliament ; enacting , that every person who shall bee hereafter elected or appointed a knight , citizen , burgess , or baron of the five ports , for any parliament or parliaments hereafter to be holden , shall from henceforth , before hee shall enter into the parliament house , or have any voice there , openly receive and pronounce the said oath before the lord steward for the time being , or his deputy or deputies for that time to be appointed . and that hee which shall enter into the parliament , house , without taking the said oath , shall be deemed no knight , citizen , burgess , nor baron for that parliament , nor shall have any voice , but shall be to all intents , constructions , and purposes , as if hee had never been returned or elected knight , citizen , burgess or baron for the parliament , and shall suffer such pains and penalties , as if hee had presumed to sit in the same without election , return , or authority . provided , that this act , nor any thing therein shall not extend to compel any temporal person of or above the degree of a baron of the realm , to take or pronounce the oath abovesaid , nor to incur any penalty limited by this act for not taking or refusing the same . this is the first act ever imposing an oath upon any members before their sitting and voting in the parliament house : wherein five things are observable . . that this oath was made by unanimous consent of the queen , lords and commons in parliament . . that it was five years a probationer , and approved , ratified by two successive parliaments , before it was imposed upon any members , and not actually administred to any till the parliament of . elizabeth . . that it was imposed onely upon the members of the commons house , not upon any temporal lords or barons of the realm . . that the principal end of prescribing it was , to abolish the popes usurped supremacy , and prevent his and his instruments traiterous attempts against the queens person , crown , kingdome , discover persons popishly affected , and seclude them from sitting or voting in the commons house if elected , returned , unless they should first take this oath : not to debar or exclude any real protestants , when duly elected , from entring into the parliament house to discharge their trusts and duties . . that it appoints no officers or armed guards forcibly to seclude any knight , citizen , burgess , or baron of the ports till hee hath openly taken and pronounced this oath , but onely layes particular inhibition upon every such member himself , not to enter the house without taking it , under the disabilities and penalties therein mentioned : leaving every member a liberty to seclude himself in case hee were unsatisfied , or could not in conscience or prudence take this oath , but authorizing none else to keep him perforce out of the house , if hee had a mind to rush into it without taking it . after this the par●iament of . iacobi . c. . upon the detection and prevention of the in●ernal gunpowder treason of the pope , iesuites and papists , to blow up the king , queen , prince , lords , commons , and parliament , when all assembled together in the lords house , november anno . by unanimous consent of the three estates , made and prescribed a new oath of allegianoe to all persons , except péers of the realm , who actually were , or should be suspected to be papists , for their better discovery and conviction , without imposing it upon any members of either house . which oath many papists oppugning with false and unsound arguments , * though tending onely to the declaration of such duty , as every true , well-affected subject , not onely by his bond of allegiance , but also by the commandement of almighty god ought to bear to the kings majesty , his heirs and successors ; thereupon the lords and commons in the parliament of . iacobs : ( when this oath had been approved four years space ) not onely enacted , ch . . that every person who should henceforth be naturalized or restored in blood , should first take this oath ; but to shew their great approbation thereof , humbly prostrating themselves at his majesties feet , did earnestly beseech him , that the same oath might be administred to all his subjects what soever ; and thereupon it was enacted , ch . . that all and every knights , citizens , burge●●es , and barons of the five-ports of the commons house of parliament , ●before hee or they shall be permitted to e●ter the said house , shall make , take , and renew the said corporal oath upon the evangelists before the lord steward for the time being , or his deputy or deputies , without imposing any disability or penalty , or appointing any officers forcibly to seclude those from entring who refused it . since these recited acts , all members of the commons house have constantly taken these two oaths voluntarily , without coercion or forcible seclusion , before they entred or sate as members in the house . the last parliament of . caroli in their first act , for preventing the inconveniences happening by the long intermission of parliaments , enacted : that all and every the members that shall be elected to serve in any parliament hereafter to be assembled by virtue of this act , shall assemble and enter into the commons house of parliament , and shall enter into the same , and shall have voices in parliament , before and without the taking of the several oaths of supremacy and allegiance , or either of them , any law or statute to the contrary thereof in any wise notwithstanding . provided alwaies , that if the kings majesty , his heirs or successors , shall at any time during any parliament hereafter to be assembled by vertue of this act , award or direct any commission to any person or persons whatsoever to take or receive the said oaths , of all or any members of the commons house of parliament , and any members of the house being duly required thereunto , shall refuse or neglect to take and pronounce the same , that from thenceforth such person so refusing or neglecting shall bee deemed no member of that house , nor shall have any voice therein , and shall suffer such pains and penalties , as if hee had presumed to sit in the same house without election , return or authority . these statutes being all in their full force , never legally repealed , & authorizing no officers nor souldiers whatsoever forcibly to seclude or punish any member of the commons house , for not taking both or either of these two legal oaths of supremacy and allegiance ratified by so many indubitable parliaments one after another , and backed by the p solemn league , covenant , and protestation ; it is neither in the power of the king himself , or his counsil , nor of the house of lords , or any other persons whatsoever ( much less of the commons house alone , or any prevailing party in it , who never in any age had the least legal right or authority to administer an oath in any case to any witness or person whatsoever , much less to impose any new oaths upon their fellow-members sitting with them , or secluded by them , and on all succeeding members of that house in future parliaments ) to enforce any new oath or engagement whatsoever , inconsistent with , or repugnant to these two legal parliamentary oaths , or to suspend , exclude , or eject any knight , citizen , burgess , or baron of the ports duly elected and returned , from sitting or voting with them in the commons house , for refusing such new ingagement or oath ; it being directly contrary not only to the freedome , priviledge of our english parliaments , laws , liberties , but to the very letter of the q petition of right ratified by k. charles himself , which complained of , and provides against the administring of any oath not warranted by the laws and statutes of this realm , and enacts , that no man hereafter shall be called to take such oath ( as being repugnant to their rights , liberties , the laws and statutes of the land ( much less then no members of parliament enforced by their fellow-members to take such an oath , or else be suspended , secluded the house of commons ) r & that former proceedings of this kind ( in the case of loanes , wherein such an oath was prescribed , exacted ) should not be drawn hereafter into consequence or example ; yea contrary to the house of commons s remonstrants of the state of the kingdome , . decemb. . who therein charge the kings evil counsellors , that new oaths have been enforced upon the subjects against law , and new iudicatures erected without law ( which some who thus remonstrated have since that actually done , to the secluding of sundry members of their own new-model'd parliaments , for refusing to take new illegal oaths , and engagements , repugnant to their old ones of supremacy and allegiance ) if not the very third article of the late petition and advice , viz. that the ancient and undoubted liberties and priviledges of parliament ( which are the birth-right and inheritance of the people , and wherein every man it interessed ) bee preserved and maintained , and that you will not break nor interrupt the same , nor suffer them to be broken or interrupted . and particularly , that those persons who are legally chosen by a free election of the people to serve in parliament , may not be secluded from sitting in parliament to do their duties , but by judgement and assent of that house whereof they are members . therefore not by any armed guards without any hearing or judgement whatsoever : which had some of those army-officers and swordmen well considered , who assented to this article and petition ; they would never have forcibly secluded , secured , imprisoned my self , and sundry other members of the late parliament , onely for the faithful discharge of our oaths , duties , without , yea against the judgement of the house whereof they were members , which god in judgement hath repaid on some of them since that , with a suitable retaliation , seclusion , restraint , by some of their own confederates in that unrighteous anti-parliamentary action . that there is no one president exstant in our histories or records in former ages , nor from . henry . till the end of king charles his reign , of any writs issued to sheriffs or other officers in ireland , or scotland ( though subordinate and subject to our english kings and parliaments ) for electing knights , citizens , burgesses , or commissioners to sit or vote as members of the commons-house in any parliaments or great councils of england ; nor yet for any knights , citizens , burgesses out of gersy , gernsey , alderny , serke , man , silly , or other islands belonging to england . a yea the principality of wales it self ( though ever subjected and united to england as part thereof ) never sent any knights , citizens , or burgesses to the parliaments of england , as members thereof , till enabled by special acts of parliament , anno . h. . c. . & . h. . c. . nor yet the county palatine of chester , though a part and member of england , till specially enabled by the statute of . h. . c. . neither did , much less then can or ought any counties , cities , burroughs in scotland , or ireland , to claim or pretend the least colour of right , law , or reason , to send any knights , citizens , burgesses , ( or peers ) to sit or vote in the parliaments of england , neither ought any such if elected , returned to be of right admitted into our english parliaments . . because they never enjoyed this priviledge heretofore in any age , nor pretended to it . . because they are very remote from the places where our english parliaments are held , and it will not be onely extraordinarily troublesome , expensive , vexatious , inconvenient for them , when elected , to resort so far to our english parliaments , but dangerous , ( especially to cross the seas out of ireland in the winter season ) and mischievous . thirdly , because if any of them be unduly elected , returned ( as is most probable the most of them will be so ) it must necessarily put them to intollerable expences , trouble , vexation , and almost an impossibility to examine , determine the legality or illegality of such elections , and returns from scotland and ireland . the parliaments being likely to be determined , or adjourned before the sheriffs and other officers , who unduly returned them , can be summoned , and witnesses produced thence to prove the abuses or injustice of such elections : so that any persons thence returned by those in power , though never elected , or very unduly through favour , power , or corruption of officers , shall sit and vote as members , whilst those who were duly chosen and entrusted by the people , shall be secluded and left without relief . because scotland and ireland , * though united to england , alwaies were , and yet are distinct realms and republicks , never incorporated into england , or its parliament , as natural proper members thereof : they all having by their own fundamental laws , statutes , customes , rights , priviledges , their peculiar proper parliaments , peers , knights , citizens , burgesses , courts , iudicatures , councils , and iudges distinct , divided from , and not intercommoning with one another . the peers , lords , knights , citizens , burgesses of england having no place , voice , nor right of session in the parliaments of scotland or ireland , though in many things subordinate to the parliaments of england , and subject to acts of parliament made in them , and the lords , peers , citizens , burgesses of the parliaments of scotland , and ireland , being no lords , peers , knights , citizens or burgesses at all in england or its parliaments , being distinct from theirs , and summoned unto their own parliament onely , as i shall hereafter manifest in its due place . this is evident not onely by the distinct printed laws and statutes of england , scotland , and ireland , and those historians , who have written of them ( especially holinshed , bucana● , and mr. cambden ) but likewise by mr. seldens titles of honour , p. . c. , , , cooks institutes , ch . . , . cooks reports , calvins case . the statute of iacobi , ch . , , . iacobi , c. , . iacobi , ch . . . iacobi , ch . . which fully confirm and establish the distinct parliaments , rights , laws , liberties , customes , iurisdictions , iudicatures of the realm● of england , and scotland . . because the calling and admission of scotish knights , citizens , burgesses , or peers unto the parliaments of england , and giving them a voice and legislative power therein , both in relation to england , scotland and ireland , though united under one king and soveraign lord , is diametrically contrary , first , to all these recited acts , and the propositions , proceedings mentioned in them , referred to the consideration and determination of the parliaments of both realms , as separate and distinct from each other , and not incorporated into one body , realm , or parliament ; whose peculiar distinct rights , jurisdictions , powers , parliaments , are since that in precise terms confirmed and perpetuated , without any union or incorporation into one undivided body politique . secondly , because it is expresly contradictory to the late act of . caroli , passed , ratified in and by the parliaments of both kingdome , for the confirmation of the treaty of pacification between the two kingdomes of england and scotland . wherein the commissioners deputed by the parliament of scotland , to treat with the commissioners appointed by the king and parliament of england , for the saving of the rights of scotland , that the english might not claim any joynt right or interest with the scots , in the things that concerned their parliaments , or kingdome , in their papers of the . of august . did declare and make known , that although they were fully assured that the kingdome and parliament of england , was for the present far from any thought of usurpation over the kingdome and parliament of scotland , or their laws and liberties , yet for preventing the misunderstanding of posterity , and of strangers , and for satisfying the scruples of others not acquainted with the nature of this treaty , and the manner of their proceedings , which may arise upon their comming into england , and their treating in time of parliament : that neither by our treaties with the english , , nor by seeking our peace to be established in parliament , nor any other action of ours , do wee acknowledge any dependence upon them , or make them iudges to us or our laws , or any things that may import the smallest prejudice to our liberties . but that wee come in a free and brotherly way , by our informations to remove all doubts that may arise concerning the proceedings of our parliament , and to joyn our endeavours in what may conduce for the peace and good of both kingdomes , no otherwise than if by occasion of the kings residence in scotland , commissioners in the like exigence , should be sent thither from england . thirdly , it is point-blank against the solemn league and covenant , ratified and confirmed in the most sacred and publick manner , the article whereof , taken with hands lifted up to heaven , and subscribed by the parliaments of both kingdomes , and all others well-affected in both realms , doth thus preserve the distinct priviledges of the parliaments of both realms , in these words . we shall with the same sincerity , reality , and constancy in our several vocations , endeavour with our estates and lives , mutually to preserve the rights and priviledges of the parliaments , and the liberties of the kingdomes of england and scotland ; which are likewise distinguished from each other in every other article , the prologue and conclusion of the league and covena●t , and all ordinances that confirm it . . as if this were not sufficient ; it is directly contrary to the * declaration of the commons of england assembled in parliament , , april , . of their true intention inviolably to maintain the ancient and fundamental government of the kingdome , by king , lords and commons , the government of the church , securing the people against all arbitrary government , and maintaining a right understanding between the two kingdomes of england , and scotland , according to the covenant and treaties ; to the commons printed answers to the scots commissioners papers of november . yea to the lords and commons houses joynt declaration , the . of iune . in all which they * do professedly declare , assert , argue , resolve , the absolute independency , distinct rights , iurisdictions of the kingdomes and parliaments of england and scotland , from the very articles of the solemn league and covenant , and treaties between both kingdomes , and other evidences , grounds , reasons , positively asserting , that the parliament and kingdome of england is , and ought to bee the sole and proper iudge of what may bee for the good of this kingdome ; and that the kingdome and parliament of scotland , neither have , nor ought to have any joynt-concurrent share or interest with them therein , nor right of joynt-exercise of interest in disposing the person of the king in the kingdome of england . and that the self-same liberty and priviledge alwaies had been admitted , and ever shall bee carefully and duly observed by them and the parliament and kingdome of england , to the kingdome and parliament of scotland in all things that concern that kingdome ; and that it was not the intention of the lords and commons in the parliament of england , nor of the commissioners of the parliament of scotland , in sending propositions to the king , in the name , and in the behalf of both kingdomes , by joynt-consent , that any construction should be made therefrom , as if either kingdome had any interest in each others propositions , or in the legislative power of each other concerning any of the said propositions ; but that it remaineth distinct in each kingdome and parliament respectively . and that notwithstanding any joynt-proceedings upon the said propositions , either kingdome hath power of themselves to continue , repeal , or alter any law that shall be made upon the said propositions for the good and government of either kingdome respectively . and both houses did therein declare , that they are fully resolved to maintain , and preserve inviolable the solemn league and covenant , and the treaties between the kingdomes of england and scotland . now the calling and incorporating of scotish and irish peers , knights , citizens , and burgesses into the parliaments of england , as members , voters , legislators , together with the english , to oblige both england , scotland , and ireland , against the ancient , unquestionable , distinct , fundamental rights , priviledges of the kingdomes , parliaments , people , both of england , scotland , and ireland ( all whose parliaments , rights , priviledges , liberties , will be totally subverted by it as well as our english ) is so contradictory , so repugnant to , and inconsistent with all and every of these recited acts , ordinances , declarations , clauses of the solemn league and covenant , to the great charter of king iohn , all ancient writs of summons to english , irish or scotish parliaments , all acts for electing kn●ghts , burgesses , and concerning parliaments formerly established in all these three kingdomes , as distinct , that no conscientious heroick englishman , scot , or inhabitant of ireland , who cordially affects the honour , maintenance , preservation of his own native countries , kingdomes , or parliaments fundamental rights , priviledges , liberties , or makes conscience of violating the articles of this solemn league and covenant hee hath formerly taken , and subscribed in the presence of almighty god , angels and men , with this protestation ; wee shall not suffer our selves directly or indirectly by whatsoever combinatien , perswasion or terror to be divided or withdrawn from it , either by making defection to the contrary part , or by giving our selves to a detestable indifferency or neutrality ; but shall all the daies of our lives constantly continue therein against all opposition , and promote the same according to our power against all lets and impediments whatsoever and this wee shall do in the sight and presence of almighty god , the searcher of all hearts , with a true intention to perform the same , as wee shall answer the contrary at the great day , when the secrets of all hearts shall be disclosed ; ; can ever in conscience , justice , reason , policy or prudence submit thereto , but is bound to oppose and resist with all his power , for the premised reasons . . because the proportioning and distribution of the thirty persons to be elected for scotland , and the thirty others for ireland , and incorporating of these sixty scotish and irish knights , citizens , and burgesses into the parliaments of england , was not projected , effected , approved , ratified by the free , full , and joynt-consents of the respective parliaments of england , scotland , and ireland , but onely by about twenty or thirty army-officers , in a private cabinet conventicle , at whitehall , without yea against their privities , and consents , by their instrument of government , which they then published , decemb . . artic. , , . having not the least shadow of any legal power or authority , to oblige our distinct kingdomes , nations , parliaments , much less to subvert and abolish them , by new melting them into one body , contrary to their very fundamental laws , constitutions , rights , priviledges , to their grand prejudice and dishonour . therefore there is no reason for either of them to submit and conform thereto . the rather , because this instrument was never ratified by any , but opposed by every publick convention , since its publication , yea totally set aside ( if ever valid ) by the last of them , in and by this clause of their humble petition and advice , artic. , . that the number of persons to be elected and chosen to sit and serve in parliament for england , scotland , and ireland , and distribution of the persons so chosen , within the counties , cities , and burroughs of them respectively , may be according to such proportions as shall be agreed in this present parliament : which agreed nothing concerning the same : and both the instrument and advice being now set aside by those in present power , by issuing writs for electing knights , citizens , and burgesses throughout england , according to the ancient laws , usage , custome , and not according to the instrument or advice , by which the english and commons house are now remitted to their old parliamentary rights & priviledges . they are obliged upon all these reasons , authorities , and considerations , henceforth to seclude all scotish and irish knights , citizens , burgesses , or peers , from sitting or voting amongst them as members , and ought to treat with them onely as delegates or commissioners sent from both nations touching such affairs as particularly relate to scotland and ireland , according to * ancient and late presidents , but not to permit them any place or vote at all in the commons or lords house , as joynt-members , legislators with the english , in the parliaments of england . . because the thrity persons to be chosen for scotland , and the other thirty for ireland , and the several counties , cities , and borroughs within the same , to represent and oblige both these kingdomes and nations , as their representativees and attornies , are not to be elected by the generality of both kingdomes , as in justice , reason , equity they ought to be , but by such as the major part of the council at whitehall shall prescribe , as the th . article in the instrument declares , some whole counties , and eminent cities in both kingdomes , having no voices at all in the elections of these members , and therefore not to be obliged by them , as . e. . f. . . h. . . . h. . . , h. . br. lert . . . h. . . . dyer . b. resolve . this being a general rule in law , justice , reason , inserted into the very writs of summons to parliament , claus. . e. . m. . dorso ( here ) p. . ut quod omnes tangit ab omnibus approb●tur . and the sole reason why acts of parliament oblige all those who send knights and burgesses to them , and not tenants in ancient demesn , is onely this , because they assent unto them , in and by their representatives , as the statute of iac. c. . . h. . . brooke parliament , . . . ash parliament , . and proclamation , . and the law-books authorities there collected to this purpose determine . . in the * parliament of a caroli , the lords spiritual and temporal then in parliament assembled , exhibited this petition to the king : that whereas they heretofore in civility as to strangers yeelded precedency according to their several degrees unto such nobles of scotland and ireland , as being in titles above them , have resorted hither ; now divers of the natural born subjects of these kingdomes resident here with their families , and having their estates among us , do by reason of some late created dignities in those kingdomes of scotland and ireland , claim precedency of the peers of this realm , which tends both to the disservice of your majesty , a●d to the di●paragement of the english no●ility , as by these reasons may appear . . it is a nobelty without president , that men should inherit honours where they possess nothing else . . it is injurious to those countries from whence their titles are derived , that they should have a vo●e in parliament where they have not a foot of land , &c. upon the consideration of which inconveniencies they humbly beseeched his majesty , that an order might be timely setled therein to prevent the inconvenience to his majesty , and redress the prejudice and disparagement to the peers and nobility of this kingdome occasioned thereby , which the king promised to do . and is it not a far greater inconvenience , prejudice and disparagement to the nobility , gentry , and parliaments of england , yea a greater novelty and injury than this they then petitioned against , not only for the nobility , but for the very knights , citizens , burgesses , of scotland , and ireland , to sit with , and take place of the ancient peers , knights , citizens , and burgesses of england , according to their several titles , and to enjoy an equal vote , judicature , priviledge with them in every particular , in the very parliaments of england , which they never formerly did , though they have not one foot of land in england , nor the english any vote of place in their parliaments ? no doubt it is . therefore as fit to be timely redressed , as that grievance , upon the self-same grounds , being more universal , prejudicial and dishonourable to the whole english peerage , parliament and nation , than this which concerned the english peers alone , and that onely out of parliament . . this number of members sent from scotland and ireland to the parliaments of england , holds no just not equal proportion or distribution with the numbers of members , which they formerly elected and sent to their own respective parliaments , in scotland and ireland , as is evident by the irish statutes of , e. . c. . . h. . c. , . h. . c. . . h. . c. . cookes . iustit . c. , . and regiam majestatem , nor yet in reference to the number of the members and parliament-men in england , being near ten to one to the members of both these nations conjoyned , which inequality upon all occasions may prove very prejudicial to them both . . it will be an extraordinary grievance , oppression , expence , vexation , mischief , delay and obstruction of justice to all the inhabitants of scotland and ireland , not onely to bear the expences of all the members they send to the parliaments of england , but to be enforced to resort unto them in person , together with their witnesses , evidences , and council , for all grievances , oppressions , injuries , errors , complains and misdemeans in officers or courts of justice formerly redressed , and remediable onely in their own proper parliaments , much nearer home , and now only to be heard , examined , redressed , determined in the parliaments of england , as the claus. roll. of . e. . m. . de erroribus corrigendis in parliament is tenend is in hibernia ( printed in my epistle to my argument of the case of the lord mag●●re ) most fully and excellently resolves : and the multitudes of complaints , out of all three kingdomes will prove so great in every parliament , that it will be impossible to hear and determine the moity of them at any one session or parliament , and the attendance will prove so tedious to all or most , that it will become a greater grievance to them than any they complain of , and if they gain any relief , it will be in effect , a remedy as bad or worse , as the diseas● it cures : yea an express violation of magna charta . ch . . nulli negabimus , nulli differemus justitiam aut rectum : finally , this patching of new scotish and irish members into our old english parliament , will be so farre from uniting and contenting the three nations and parliaments in one , that it will discontent and disunite them more than before , and make the rent the greater upon every occasion , as christ himself resolves , with whose words i shall close up this observation : * no man seweth or putteth a peece of new cloth upon an old garment , * else the new peece that filleth it up , taketh away from the old , and agreeth not with the old , and the rent is made worse . . that as the writs of the common law , are the foundations whereon the whole law , and subsequent proceedings do depend , as a glanvil , b bracton , c britton , d fleta heretofore , e fitzherbert , f thelwell , g sir edward cook , and others of later times resolve ; upon which account if the writs be vicious , erronious , invalid , illegal , or null in law , they abate , vitiate , and annihilate the whole process , declarations , and struotures grounded on them , as h all our law-books assert ; so the writs of summons to parliaments and great councils are the very foundations , and corner-stones whereon our parliaments , great councils , and all their votes , judgements , proceedings , acts , ordinances do depend . therefore if they be defective , erronious , invalid , illegal , insufficient , or null in themselves , the parliaments and great councils convened by , founded on them , with all their iudgements , proceedings , acts , ordinances , must of necessity be so likewise , as the statutes of . hen. . c. . . r. . c. . . . h. . c. . h. . c. . . e. . . . . h. . rot . parl. n. . . . e. . rot . parl. n. : to . . h. . c. . . h. . c. . in england , largely evidence , and the statute of . h. . c. . in ireland , determines ; repealing a parliament holden at drogheda before sir robert preston , decreed and deemed void to all intents , by the kings council in ireland . . because the duke of bedford , lieutenant of ireland , ( by whose deputy it was summoned and held ) surrendred his patent of lieutenancy before the said parliament summoned . . because there was no general summons of the said parliament , to all the shires , but onely to four shires . . because the said deputy had no m●nner of power by his commission to summon or kéep a parliament : for the which causes it was ordained and enacted , that the parliament to holden be deemed void , and of none effect , by the whole parliament of ireland , anno . h. . and the parliament of . e. . ch . . in ireland , touching the election of knights and b●rgesses , further manifests it . . that the summoning ( as likewise pro●●guing , adjourning , dissolving ) of all parliaments and great councils in england and ireland , is a peculiar inseparable royal prerogative , belonging onely to the kings of england , and incommunicable to any other person or persons , yea to parliaments themselves , which cannot appoint a succeeding parliament to be called but by the kings consent , and that ( though appointed to be held at a prefixed day and place ) to be i summoned only by the kings writ . that all writs of summons and prorogation alwaies issued , and of right ought to be iss●ed onely in the kings name , stile , authority , whether absent out of , or present within the realm , whether within age , or of ripe years , and that by his special commands alone , or his and his councils joynt precept , as the stile , name , contents of all precedent and subsequent writs ; the subscriptions under them , per ipsum regem , per ipsum regem & consilium , per ipsum regem , custodem & consilium ( in the kings absence ) per breve de privato sigi●●o , &c. the stile , tenor of all writs , de expensis militum & burgen sium , the statutes of . r. . parl. . c. . . h. . c. . . h. . c. . . h. . c. . . h. . c. . . h ▪ . c. . most acts of late times for the subsidies of the clergy and temporalty , tonage , foundage ; the prologues to our ancient and modern printed statutes , the kings chancellors and others speeches upon the convention of most parliaments , in parliament rolls , together with the act of . caroli , for preventing of inconveniences happening by the long intermission of parliaments , cooks . institutes , ch . . and all who have written of our english parliaments , abundantly evidence and resolve beyond contradiction . hence our late k king charles , in his declaration of the causes of assembling and diss●lving the two last parliaments , iune . . caroli , affirms , that the calling , adjourning , proroguing , and dissolving of parliaments , do peculiarly belong unto himself by an undoubted prerogative inseparably uniied to his impertal crown , and the statute of . caroli . c. . made by the unanimous consent of both houses declares , that by the laws and statutes of this realm , the appointment of the time and place for the holding of parliaments , and the summoning of them ( by writ in the kings name ) hath alwaies belonged , as it ought , to his majesty , and his royal progenitors , and none else . . that the kings of england , have as true , full , real and legal an haereditary right , title , interest , propriety in and to the parliament , as they have in and to the kingdome and crown of england , as these clauses in all their writs of summons , prorogations of parliaments , issued to the spiritual and temporal lords , kings counsil , sheriffs , and warden of the cinque-ports resolve ; ordinavimus quoddam parliamentum nostrum , &c. tenere : in ultimo parliamento nostro post ultimum parliamentum nostrum , sitis ad nos ad parliamentum nostrum , ; and the like ; compared with statum regni nostri angliae : et cum praelatis & proceribus regni nostris sicut commodum regni nostri diligitis : iura coronae nostrae , &c. in the same writs : the writs de expensi : militum & burgensium ; the titles and prologues of most printed acts of parliament : the statutes of . h. . c. . . h. . c. . . h. . c. ● . . h. . c. . . h. . c. . . iac. c. . and sundry writs in the register , stiling the parliament , the kings parliament , his parliament , our parliament in relation to the king , and l his patents for creating dukes , marquesses , earls , peers and barons of the realm , granting them and their heirs males , sedem & locum in parliamentis nostris , haeredum & successorum nostrorum in●ra regnum nostrum angliae . therefore the parliaments of england can no more exist or subsist without the king , than the kingdome or crown of england , the king being both caput , principium & finis parliamenti , as modus tenendi parliamentum , m sir edward cooke and others resolve , our parliaments living and dying with our kings , and determining when summoned and sitting by the kings decease ( since they can neither treat nor confer with him of any businesses concerning him or his kingdome , nor be his parliament after his death ) as the parliaments of . h. . rot . parl. n. . . . . h. . rot . parl. n. . . e. . f. . cooks . instit. p. . adjudge : the parliament of . r. . dissolving by this resignation of the crown , and the parliaments of h. . n and . iacobi being dissolved by their respective deaths , as their judges and parliaments resolved , and the parliament of . caroli by the self same reason , as i have o elsewhere evidenced , seeing hee could neither vobiscum & cum caeteris magnatibus & proceribius regni nostri colloqaium habere & tractatum , super diversis & arduis negoc●is nos & regnum nostrum co●tingentibus , nor the commons do and assent hiis quae tunc ibidem per n●s , &c. ordinari contigerit super negotiis antedictis , as the writs of summons and prorogation prescribe . . that when ever there was a p custos regni , during the kings absence in forraign parts , or a protector during his minority , the writs of summons and prorogation issued alwaies in the kings stile , name , and by his authority and direction , and the teste onely in the custos , or protectors name , with a per ipsum regens , per ipsum regem & consilium , or , per ipsum regem , custodem & consilium subjoyned . . that when our kings could not be personally present at any parliament by reason of their wars , sickness , extraordinary occasions , absence in forraign parts , or minority , they held them by a q custos regni , or commissioners authorized by special commissions issued to them in the kings name under his great seal , to hold these parliaments in his name and stead , which were publickly read at the beginning of the parliament , and entred in the parliaments rolls ; for which i shall present you with these presidents onely , omitting all others of this kind , agreeing with them , or varying little from them , in form or substance . the first is this . anno . e. . rot. parl. n. . edward●s dei gratia rex angliae , dominus hiberniae , & dux , aquitaniae , archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus & omnibus aliis ad instans parliamentum nostrum apud westm. summonitum conventuris salut●m . cum dilectus & fidelis noster edwardus dux cornubiae , comes cestr. filius noster carissimus custos . regni nostri , propter quaedam negocia sibi incumbentia sit ad praesens parliamentum praepeditus , quo minus isto die iovis in octabis sti. hillarii apud locum praedictum vale at personaliter interesse : de circumspectionis & industriae magnitudine venerabilis patris iohannis archiepiscopi cantuar. totius angliae primatis , & discretorum virorum magistri williel●i de le zouche decani ecclesiae beati petri ebor , thesaurarii nostri ricardi de willoughby , iohannis de stonore , & iohannis decani sti. pauli plenam fiduciam reportantes ; ipsos quatuor , tres aut duos eorum ad inchoand . & continuand●m parliamentum praedictum , nostri , & dicti filii nostri nomine ; & ad faciend . ea quae pro nobis per praedictum filium nostrum facienda fuerint , usque adventum filii nostri ibidem , deputamus & assignamus . et ideo vobis mandamus , quod iisdem archiepiscopo , the saurario , rico. iohi. & iohi. quatuor , tribus & duobus eorum intendentes sit is in praemissis in forma praedicta . teste edwardo duc● cornub. & comite cestr. filio nostro carissimo custode angliae , apud langle xix . die ianuarii , anno regni nostri tertio decimo . the second is thus registred , ann● . e. . rot. parl. n. . . edwardus dei gratia rex angliae , & franciae , & dominus hiberniae , archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , militibus , & omnibus aliis ad instans parliamentum nostrum apud westm summonitum conventuris , salutem ; cum nos ex certis ca●sis sumus ad partes transmari●as profect●ri , per quod ad primum diem dicti parli●menti forte non poterimus interesse , nos in casu quod citra dictum diem non redeamus leonello filio nostro carissimo ad inchoand : nomine nostro parliamentum praedictam , & ad faciend . ea quae pro nobis & per nos faci●nd● fuerint , usque adventum nostrum ibidem , plenam tenore praesentiu●● committimus potestatem . et ideo vobis mandamus quod eidem filio nostro intendentes sitis in praemissis , in forma praedicta : in cujus rei testimonium has literas nostras fieri ●ecimus patentes . teste m●ipso apud turrim london . . die januarii . anno regni nostri angli●● , . regni vero nostri franciae undecimo . per ipsum regem . the third is thus recorded in the parliament roll of . e. . n. . with this prologue . enle a . s●int hilar , &c. que fuist le primer jour de ce present parlement , tr●z nobles & p●issent sir richard prince de gales , duc de cornwelle , & cou●te de cestr. & auxint les prelets , seigneurs , justices , comenes , & auters que fuerent venuz per sommons de ce present parlement , sesemblerent en le palayes de westm. en le chambre de peinte ; & illoeques en lour presence le dit prince alos seent in my lieu de uly , cestassav●ir en la place du roy mes●es , nostre le dit seig●ieur le roy esteant meismes benemont , venier en sa proper persone , envoy ast en dit parlement returnes ses literes patents ●o●z son grant seale enseales , en la form que ensuant . edwardus dei gratia , &c. archiepiscopis , episcopis , abbatibus , prioribus , ducibus , comitibus , baronibus , militibus , & omnibus aliis in instanti parliamento conventuris salutem . cum ex certis cansu sum●s ad pr●●s●ns praep●diti , ita quod ad primum diem parliamenti praedicti ad locum praedictum personaliter non poterim●s interesse ; de circumspectionis & industriae magnitudine carissimi filii nostri ricardi , principis wallia , duci● cornubiae , & comitis cestr , plenam fidu●iam reportantes , eidem filio nostro ad parliamentum praedictum nostro nomine inchoand . & ad faciend . 〈◊〉 quae pro nobis . & per ●os ibidem faciend . fu●runt , plen●●m tenors● praesentium committimus po●estat●m . et ideo vobis mandamus , quod eidem principi , intendentes fitis in praemissis in forma praedicta . in cujus rei , &c. teste meipso apud havering . . die jan. anno regni nostri a●gliae , . & franciae , . the fourth is thus entred , rot. parl. an. . h. . n. . fait assavoir 〈◊〉 comm●nc●ment del parlement tenuz le lundy prochein de ●a●t le feste de seint martyn , i'a● del regne du roy henry sisme , p●is le conquest ; primerement un● commission du roy fait desoutz son grande seal , & direct●z al honorable & puissent prince , humphry duc de glocestre , son-uncle , per la quell le roy av●i● done poiar a mesme son uncle a tenit le dit parlement en le nom du roy , folon● laffect & la contenuz de mesme la commission ; en la preseuc● de'l dit duc seant en la chambre de peinte , deinz in palayes de westm. & anxy de les seignieurs espuelz & temperelz , & les chivalers des countees , & des citeins , & burgeois del roialme , deingleterre pur toute lay comme de mesme la rolalm● au dit parlement tenuzilleoqes alors esteantz , ●uit overtement le e●z , dont le tenure-cy ensuyt . he●ritus dei gratia rex angliae , & franciae , & dominus hiberniae , omnibus ad quos praesentes litetrae pervenerint , salutem , sciatis , quod cum de avisamento concilii nostri pro quibusdam arduis & urgentibus negociis nos , & statum & defensionem regni nostri angliae , ac ecclesiae anglicanae ▪ contingentibus , quoddam parliamentum nostrum , apud westm. die lunae prox : ante sestum sti. martini prox . futur . teneri ordinavimus , et quia vero propter certas causas ad parliamentum praedictum personaliter non poterimus interesse ; nos de circumspectione & industria carissimi avuncu●i nostri humfredi duc●s gloucestr . plenam fiduciam reportantes , eidem avunculo nostro ad parliamentum praedict . nomine nostro i●choand & in eo procedend . & ad facienda omnia , & singula quae pro nobis , & per nos , pro bono regimi●e & gubernatione r●gni nostripraedicti , ac aliorum uominiorum nostrorum eidens regno nestro pertinent●um ; ib●dem suerint faciend . nec non ad parliamentum illud ●●●iendum & dissolvendum , de assensu concilii nostri , plenam tenore praesentium , committimus potesta●e●s . dante 's ult●r●us , de assensu ejusdem concilii nostri , tam universis & singulis archiepiscopis , episcopis , abbatibus , prioribus , dusibus , comitibus , baronibus & militibus ; quam omnibus aliis quorum interest ad parliamentum nostrum praedict● conventuris , similiter tenore pr●sentum in mundatis ▪ quod eide●● av●●culo nostr● intendant●●● praemissi●●● forma supra● dict● . in cujus rei testimonium has literas nostras fieri fecimus patentes . t. m●ipsa apud westm. dis novembris . anno regni nostri primo . the like commission i finde made to the same , duke in the parliamant roll of . h. . n. . word for word , except in those additional words and clauses in the commission it self . nos de circumspectione , fidelitate & industria , &c. eidem avunculo nostro ad parliamentum praedict . nomine nostro inchoand . negociaque praedicta exponend . ac declarand . ac exponi & declarari faciend . necnon in negociis illis , & parliamento praedicto , ac omnibus & singulis in eo emergentibus procede●d , &c. ne●non ad parliamentum illud si necesse fuerit continuand . & prorogand ▪ ac ad idem parliamentum finiend , &c. plenam committimus potestatem ; quam in eventu praedicto parliamento nostro & tempore aliquo forsan in persona nostra adess● contigerit revocare intendimus . dante 's , &c. ut supra : with the like in other parliaments , during this kings minority , and in h. . rot . parl. n. . it is observeable , that none of these custodes regni , or protectors , had any power given them to summon or hold parliaments in their own names , or by their own inherent authority as protectors ; nor to create new peers or barons of the realm , by writs or patents , for ought i finde , the very words of their patents , and the r parliaments of . h. . rot . parl. n. , , , h. . rot . parl. n. , . h. , rot . parl. n. , , . ( a notable record . ) h. . rot . parl. ● . . h. . rot . parl. n. . to . resolving the contrary . by all these forecited commissions , patents , and the patent to the protectors themselves during the kings minoritie , enrolled in the parliament roll of . h. . num. , ( which i have * elsewhere published ) it is most apparent ; that as the b scripture and new testament it self , in express terms resolve ; the king alone , to be the supream magistrate : so the common and statute laws , lawyers , writs , records , and parliaments of england , have alwaies hitherto , resolved , declared , proclaimed ( as bracton , l. . c. . l. . c. . f. . l. . c. . . fleta . l. . c. . . the * parliament of lincolne . e. . r. . ● . . . h. . c. , . . h. . c. . . h. . c. . h. . c. , . h. . c. , . h. . c. , , . h. . c. . h. . c. . , , , h. . c. . . e. . c. . . eliz. . . . . eliz. c. . eliz. c. . iac. c. . . . iac. c. . iac. c. . the prologues of all ancient parliaments , and the very words of the oathes of supremacy and allegiance , ( prescribed to all members of the common house , judges , justices , officers , barristers , attornies , sheriffs , graduates , ministers and school-masters by our parliaments ) abundantly evidence ; ) the king of england alone ( not the custos regni , protector , nor any other person whatsoever , nor the pope himself ) to be the onely supream governour , head , magistrate of the realm of england , and the dominions thereunto annexed , and that in and over all spiritual and ecclesiastical persons , things , causes , as well as temporal , without recognizing any other soveraign lord , governour , magistrate , for ought i finde in history or record . . that the causes of summoning and proroging all parliaments ought to be generally or particularly expressed in the writs of summons and prorogation , together with the precise daies whereon , and places wherein they are to meet upon the summons or prorogation ; that so all may know ●ertainly at what time and place to meet . that the daies and places of their meeting and prorogation , were absolutely in the power of our kings , who varied them according to emergent occasions , and the places of their necessary residence . for instance ; when the wars or affairs of scotland drew our kings and nobles towards the northern parts , they usually summoned or prorogued their parliaments to york , karlisle , newcastle , stanford , lincolne , leycester , northampton , cambridge , stainford , conventry , nottingham . when the wars and businesses of france called them towards the south , they frequently summoned their parliaments , to winton , salisbury , southampton , canterbury . when the wars or negotiations of wales or ireland occasioned their removal towards them , they convened their parliaments at gloucester , worcester , salop , hereford , bristol , oxford , or malborough . but most usually they were summoned and prorogued to westminster or london , as the center and metropolis of the realm , and the most indifferent and convenient place of meeting , as the writs of summons and prorogation attest . . that for the most part all writs of summons and prorogation both to the spiritual and temporal lords , kings counsil , sheriffs of counties , and wardens of the cinque-ports , have the self-same teste , date , prologues ; yet now and then some of them , are different in their dates , yet very rarely in their recitals . that there is frequently a different space of daies and times between the dates of the writs of summons and resummons upon writs of prorogation , and the daies of the first meeting of the parliaments , and great councils to which they are summoned and elected , as you may easily discern by comparing them ; there being sometimes two months space or more , sometimes fifty daies , but usually forty daies , or more ( according to the charter of king iohn ) between the date of the writs and daies of appearance in parliaments , and grand councils . yet in cases of extream necessity , upon sudden unexpected dangers , i finde two parliaments summoned to meet within the space of forty daies ; as in s claus. e. . d. . where there was onely two and thirty daies between the date of the writ and parliament , which being unusual , there is an express clause in the writs , that it should not be drawn into consequence for the future : so in eliz. the writ bore date the th . of september , and the parliament was to begin the th . of october following , but thirty daies after . all other writs ( to my best remembrance ) these two excepted , having at least forty daies between the teste , and daies of appearance , that so the members might have competent time to prepare themselves to repair to parliaments and great councils after their summons and elections . . that in ancient times our parliaments and great councils were more frequently summoned to meet and i appear on the lords day , than on any other day of the week ; which abuse in succeeding times was reformed and quite discontinued even in times of popery , as well as since the reformation of religion . . that our kings upon extraordinary publick dangers , and other occasions , may summon parliaments , great councils , convocations as often as they think meet : that they were anciently summoned once or twice every year at least ( and some times thrice , four or five times in one year ) according to the ancient constitution in the. u council at hereford , anno . can. . the law of x king alfred , rotul . ordinationum , e. . n. . e. . c. . rot. parl. n. . . e. . cap. . . e. . rot. parl. n. . r. . rot . parl. n. . . r. . rot . parl. n. . . & carol. cap. . . that the more weighty , difficult , pressing , urgent the occasions and dangers were of summoning parliaments the y more importunate , vehement , urgent , mandatory , minatory , and compulsary , were the expressions , mandates , clauses in the writs of summens for the lords and commons personal appearance and attendance , without admitting any excuses , or procurations , and not to depart from them without special licence . . that when any publick weighty businesses intended to be propounded , dispatched in one parliament or great council , by reason of other businesses , or shortness of time , could not be propounded or concluded , therein ; thereupon z another parliament or council was soon after called to dispatch it , the day and place whereof was sometimes appointed in and by the parliament next preceding before its dissolution . . that though anciently before the word parliamentum came in use among our ancestors , great councils were the same in substance with parliaments ; yet since the summoning of knights , citizens , bu●gesses and barons of the ports to parliaments , and the insertion of parliamentum , into the writs of summons and statutes , you may ob●erve some differences a between parliaments and councils , and the writs of summons to them , which are frequently distinguished in the margin of the clause rolls ; by this different entry ; summunitio parliamenti , de veniendo ad parliamentum , &c. & summonitio concllil , de veniendo ad concilium , &c. the principal differences between them are these . . that many bishops , abbots and nobles are usually omitted in the summons to councils , which were usually summoned to parliaments , and seldome omitted in the summons to them , unless absent in forraign parts . . that many persons were summoned to councils , which wee never finde summoned to parliaments . . that there is no clause of praemunientes in the writs of summons to councils issued to archbishops , and bishops , to summon their chapters , deans , archdeacons , and clergy of their diocess ; as there is usually in their writs of summons to parliaments . . that writs of summons to councils , issued to the lords & great men are seldome accompanied with any writs of election for knights , citizens , burgesses and barons of ports issued to sheriffs , or the warden of the cinqueports ; as writs of summons to parliaments are ; and if any knights , citizens or burgesses be summoned to them , it is in a different manner and number , than when they were summoned to parliaments . . writs of summons to parliaments are usually accompanied with writs of summons to the kings counsils , but those to councils are never attended with such writs , distinct from those issued to the spiritual and temporal lords , as writs of summons to parliaments are . which differences some injudicious writers and antiquaries not observing ; have both confounded those writs together as one , and mistaken one of them frequently for the other . . that the principal end , b scope of summoning parliaments ought to be the common benefit , ease , profit , welfare of the people , the execution , promotion of publick justice , the peace and good government of the realm , the reformation of all publick grievances , and oppressions , the enacting of wholesome laws , the maintenance of the great charters and liberties of the people , and freeing them from all unjust exactions , impositions , taxes , not granted by parliament , nor warranted by law ; the necessary defence of the realm by common consent against forraign enemies ; and not to exact and impose unnecessary , insupportable , excessive , endless aids and taxes on the people . . that no publick war ought to be undertaken , c nor no aids , taxes , imposts , customes or tallages imposed on , or exacted , levyed on the people by our kings , or any other , but onely by common consent , and grant of the lords and commons in a full and free parliament , though it be for the necessary defence of the kingdome by land or sea , the defence or regaining of the lands and rights of the crown in forraign parts ; and that onely in moderate and just proportions , granted onely for a short season , and leavyed in a legal manner . nor no mens rights precluded or forejudged in parliament by any general act , before they bee heard . nor the clergy taxed by the lords and commons , but onely by themselves in their convocations . . that the writs of summons to parliaments enjoyning all the temporal earls , peers , lords , and barons of the realm , and commanding them upon and in the love , faith , homage , allegiance they owe unto the king , to appear in proper person in their parliaments , and that with a quanunque excusation● cessant● ; 〈◊〉 & salvationem regni nostri & ecclesiae anglicanae & expeditionem dictorum negotiorum diligitis , nullatenus omittatis , &c. as the writs enjoyn them . and the writs de * expensis militum , & burgensium levandis ( issued only after each parliament ended , not before ) allowing every knight , citizen , burgesse , and baron of the ports his wages , in ueniendo , morando , et redeundo ; both in coming to , continuing at , and returning from the parliament when dissolved ; ( forfeited by his departure thence without special license : ) it must needs be the highest contempt against the kings authority , the greatest injury , affront to the persons summoned , and those for whom they serve as trustees or attornies , the most audacious , apparent violation of the priviledges and freedome of parliaments , for any person or persons whatsoever , by meer armed force , or other machiavillian practises , to suspend or seclude any lord , or other member duly summoned , elected , retorned from sitting , voting , and discharging his trust in the parliament house : which the king and all his loyal subjects are bound in publick justice carefully to prevent ; as is evident not only by the forecited passages and records , ( p. . . . to . ) but by these two memorable writs and patents purposely issued for this purpose , in the case of the archbishop of york . there happening a many differences between the archbishops of canterbury and york in former times , about carrying up their crosses before them in one anothers provinces , when summoned to councils and parliaments , to the great disturbance of the publick peace and proceedings in parliament , oft interrupted , prorogued , adjourned by this meanes , and their absenting themselves from them , when summond out of their own provinces , the parliament at york ( as some others before it ) being adjourned upon this occasion . anno. . e. . as the writ of prorogation to the archbishop of canterbury , claus. . e. . m. . dorso recites ; hereupon the king to prevent the like inconveniencies and archbishops absence , issued this special writ to the archbishop of canterbury , not to prejudice or interrupt the archbishop of york or his servants , for carrying his crosse before him within his province , nor to enforce them to lay it down in coming to , continuing at , and returning from this parliament at westminster to which he was summoned . b rex venerabili in christo patri eadem gratia archiepiscopo cantuariensi , totius angliae primati , salutem . cum dudum tempore celebris memoriae domini edwardi nuper regis angliae patris nostri , inter tunc archiepiscopum cantuar. praedecessorem vestrum , & venerabilem patrem willielmum archiepiscopum ebor-angliae primatem , pro malis & dissens●onibus quae saepius ex bajulatione crucis praedecessorum vestrorum in eboracensi provincia , & cruci● archiepiscoporum eborum , in provincia cantuariensi oriebantur , sedandis & pacificandis , fuisset in praesentia ipsius pa●ris nostri & praelatorum & aliorum magnatum de regno nostro plurimorum , ut pro certo dedicimus , ordinatum ; quod praefatus praedecessor vester & successores sui ad parliamenta & tractatus dicti patris nostri & haeredum suorum quae infra dictam ebor. provinciam teneri contigerint , & praefatus eboracensis archiepiscopus & ipsius successores ad hujusmodi parliamenta & tractatus infra dictam camuar . provinciam tenenda , ad mandatum ipsius patris nostri & haeredum suorum venientes cruces suas ante se erectas portarent absque perturbatione inibi facienda , ne regia et communia regni n. gotia ea occasione impedientur : ac praefatus archiepiscopus eborum ad parliamentum nostrum quod apud westmon . in crastino nativitatis mariae virginis prox . futur . tenere ordinavimus , ad tractandum nobiscum , ac cum praelatis & magnatibus regni nostri super diversis & arduis negotiis nos & statum regni nostri contingentibus , jam de mandato nostro sit venturus : nos nolentes nostra & regni nostri negotia occasione dissensionum hujusmodi aliqualiter retardari , sed volentes concordiam praedictam quantum ad nos attinet firmiter observari ; vobis injungendo mandamu● , quod eidem archiepiscopo eborum seu hominibus suis super bajulatione crucis ejusdem archiepiscopi ante se infra vestram provinciam in veniendo ad dictum parliamentum , ibidem moran do & exinde ad propria redeundo , non inferatis , seuper alios inferri vel procurari aliqualiter faciatis dampnum , vituperium , impedimentum aliquod , seu gravamen , contra formam concordiae memoratae . teste rege apud kyderminster . xviil , die augusti , anno regni sui sexio . and lest any others by the archbishop of canterburies instigation , and menaces of excommunication should instigate any officers or others ( as his c predecessors had done ) to interrupt the archbishop of york or his servants , and deny them meat , drink or lodging for their monies , for carrying his crosse erected before him within the province of canterbury , the king directed this special inhibition and mandate to them , of the same tenour and date with the writ to the archbishop by these letters patents . d rex , vicecomitibus , majoribus , ballivis , & omnibus aliis fidelibus suis tam infra libertates quam extra ad quos &c. salutem . cum venerabilis pater willielmus archiepiscopus ebor. angliae primas , ad parliamentum nostrum quod apud westm. in crastino nativitatis beatae mariae virginis prox . futur . tenere ordinavimus de mandato nostro sit venturus , vobis mandumus , quod eid●m archiepiscopo aut hominibus suis in personis aut rebus eorum super bajulatione crucis ipsius archiepiscopi ante se in veniendo ad dictum parliamentum nostrum , ibidem morando , & exinde ad propria redeundo non inferatis , seu quantum in vobis est ab aliis inferri permittatis dampnum , impedimentum aliquod , seu gravamen , sed eis potius salvum & securum conductum cum per destrictum vestrorum local transitum fecerint , suis sumptibus habere faciatis , quotiens & quando per ipsos , seu eorum aliquo● super hoc ex parte nostra fueritis requisiti . in cujus rei &c. ( has literas fieri fecimus patentes ) usque ad festum omnium sanctorum prox . futur . duraturas . teste rege apud kyderminster . . die augusti , anno regni sui sexto . per breve de privato sigillo . if our kings had then so great a care , that neither of these two prelates , nor their successors , nor any other of his officers or subjects by their instigation , should interrupt or disturbe each other about this great controversie of crosse-bearing within each others province , in coming to , residing at , or returning to any parliaments to which our kings and their heires should legally summon them ; nor seclude each other from sitting in them upon any pretence or difference between them ; then by the self same reason , all other lawfull members both of the lords and commons house , ought to enjoy the self same protection , priviledge , freedome , immunity , and no wayes to be interrupted , molested , disturbed by any other officers , subjects , persons or members whatsoever from freely repairing to , residing in , or returning from our parliaments ; much lesse to be forcibly secluded out of them by armed guards , new oaths , or popular tumults ; neither may , can , ought the house of commons alone , nor any prevailing party in it , to exclude , eject any duly elected , returned member , once admitted , without any legall accusation , tryal , cause at all ; nor yet for betraying of his trust , or misdemeaning himself as a member after his election , nor for any real offence as a member , without and against the kings and lords concurrent judgments and assents , ( in whom alone the power of iudicature resides in such as well as in all other causes , as i have e elsewhere evidenced by unanswerable presidents and the rules of right reason ) he being summoned only by the kings writ and authority , impowred , trusted by his electors only , as their peculiar trustee , atturney ( not his fellow knights , citizens , burgesses ) to do and assent to such things as shall be ordained by the king , nobles and common counsell of the realme , touching the weighty publike affairs of the king and kingdoms , and obliged antiently by manucaptors , and since by their indentures of retorn , * and our laws , not to depart from the parliament , without the kings special license , under pein of his indignation , and other penalties : therefore no more to be suspended , secluded , ejected , imprisoned by his fellow-commoners , without the kings and lords concurrent judgements and assents , than one judge or justice on the bench can unjustice , unjudge , uncommission another ; one trustee , executor or attorny discharge his fellow trustees , executors , attornies of their trusts ; one grand-jury man thrust another out of the panell without the judges consent ; or one common counsel man of a city , or livery man of a company f disfranchise and discommon another , without the consent or judgement of the mayor and aldermen of the city , or master and wardens of the company whereof they are members ; whatever exorbitant irregular practices have of late times been usurped by , or presidents made in the commons house to the contrarie , almost to the total , if not final subversion of all future parliaments and their privileges ; it being a g maxim in law and reason ; par in parem nonhabet imperium , multo minus superioritatem , especially in the kings own parliament , and supreme court of justice , wherein h himself and his - nobles only sit as supreme iudges , not the commons , as a distinct court and independent judicature of themselves , as some would fancy them in their utopian brains and practises ; much less can they ●e●●ude , vote down any members of the house of peers , or the whole antient house of lords , or dishinherit them of their birthrights , as some furious bedlam members of a dismembred , dissolved house of commons have most insolently and injuriously , without hearing , trial , ( against their own acts , declarations , protestations , vowes , covenants , commissions , trusts , ) attempted to intrude themselves into their places and tribunals , and make themselves more than lords and caesars , not only over their fellow-commoners , but our kings , peers , parliaments and kingdomes , which they have trampled under their papall feet , and metamorphosed at their pleasures , into sundry mishapen , mutable , unsetled new models , to our apparent approaching ruine , if god of his infinite mercy prevent it not by their reestablishment upon their ancient bases and foundations . . that if the forcible seclusion or disturbance of any lord , or member of the lords house duly summoned , who ought of right to sit , vote in the lords house , be so great a breach of priviledge , injury , as i have evidenced , then the forcible suppression , seclusion of all the ancient peers and house of lords , by any real or pretended members of the late house of commons , contrary to the expresse clauses , formes of all ancient writs , and the very writs in . caroli , without any legal jurisdiction , hearing , triall , must needs be a greater breach of trust , priviledge , injustice in them , fit to be redressed for the future peace , justice , settlement of our distracted nations , and restoring our parliaments to their pristine splendour , honour , ends , uses , for the redressing of all publick grievances . if any republicans , army officers , new grandees , or others , here object , as some now do ; that it will be both perillous and inconvenient to the subjects , the house of commons and its members , to restore the ancient lords and house of peers to their pristine rights , priviledges , jurisdiction , judicature over them , in that latitude i have asserted , evidenced it by histories and records in my plea for them , without prescribing some new just bounds and regulations unto them by the commons house . i answer . . that the lords being the only original ancient members of our great councils , parliaments , many hundreds of years before any knights , citizens , burgesses , or house of commons were called , admitted to them by the king and house of lords , and receiving no power , judicature or jurisdiction at all from the commons , but what they have of right enjoyed , exercised in all precedent ages , without the least complaint , opposition or contradiction of the commons in any former parliaments before . caroli ; the commons have no more authority , right , reason , ●urisdiction to limit , or restrain this their ancient right , judicature , priviledge ( much lesse to abrogate ) then the grand or petty jury have to limit , regulate the judges or justices commissions , authority on the bench ; or the tenants the jurisdiction of their lords courts , or every committee of the commons house , the excesses of the house it self ; or the unparliamentary iuncto , which voted them down and engaged against them , without the least colour of jurisdiction , law , reason , hearing , impeachment , triall , had to usurp such a transcendent power over them , not to be paralelld in any age , nor now approved by assenting to it . ly . that the old lords and house of peers in no cases ever exercised such an exorbitant , arbitrary , tyrannicall jurisdiction , illegall power in all kinds , as the commons house , and every of their committees and sub-committees of examinations , sequestrations , compositions , sale of delinquents estates , crown lands , obstructions , appeales , scandalous ministers , and high courts of iustice have done , without the least report to the house it self of their proceedings , both over the king and his posteritie ; the peers of the realme , their fellow members , ( secluded , secured , imprisoned , close imprisoned , ejected , exiled by them without any cause or hearing at all ) and their fellow commoners of all sorts * deprived of their inheritances , estates , offices , liberties , callings , lives , and the benefit of the lawes themselves , for not taking their new oathes and engagements , contrary to law , and their former legall oathes , leagues and solemn covenant and protestation , w●●hout a legal indictment , or trial by a jurie of their equalls , or witnesses viva voce upon oath , since their slighting , suppressing of the old house of lords ; who should have restrained , reformed these their unparallelld extravagancies , which i could prove by hundreds of sad instances , and have briefly hinted in my ●lea for the old lords , page . to . for which very reason they ought now to be restored ; * being an excellent bank and screen between the prince and people , to assist each against any encroachments on the other , and by just judgements to preserve that law , which ought to be the rule between every one of the three , and trusted with a iudicatory power to this very end . ly . some of those very members of the late commons house , army , and whitehall , who would disseise them of their house , privileges , birthrights , and antient iurisdiction , before they took upon them the title of lords , or of the house of lords , as pretended members of the commons house , a little before and since their votes against the old house of lords ; as committees of that house ; or commissioners in their new ●rected high courts of iustice , members of the counsil of state at white-hall , or counsil of army-officers ; or major generals , and deputy major generals , have acted a thousand , times more exorbitantly , arbitrarily , tyrannically to the subversion of the fundamental laws , liberties , properties , government , justice of the nation , oppressing , improverishing , vexing , dishinheriting , destroying , enslaving of the freemen of england , than ever any old lords , or house of lords , or kings of england in parliament heretofore did in any age whatsoever ; witness their usurpations of a more than absolute parliamentarie power to themselves , by their own votes , or●ers , declarations alone , to alter , new model ( over and over ) the whole frame of our parliaments , laws , and publike government ; their electing knights , citizens , burgesses for what they stiled a parliament , without the least privity or election of the people ; their dissolving , & declaring the long parliament to be dissolved , against an expresse act of parliament ; their repealing many old lawes , acts , oathes , enacting new lawes contrary to them ; creating new treasons and misprision of treasons ; yea imposing heavy , excessive new taxes , customes , * excises of all sorts , on the three nations , not only in their private westminster conventions , but by their armie and whitehall ordinances ( amounting to a large folio volume ) without any parliament or legall act of parliament ; ordering them to be levyed , by fines , forfeitures , sales of the refusers reall and personal es●ates , imprisonments , soldiers quartering , and the like ; injoysing all courts of iustice , iudges , iustices , sheriffs , officers of this commonwealth , counsellors , attornies , and other persons , to conform themselves accordingly without any opposition or dispute whatsoever ; and committing their very counsel to the tower as traytors or grand delinquents , only for arguing their cases upon an habeas corpus in westminster hall , according to law and their duties ; their taking away the lives , liberties or estates , freeholds of thousands , without any legall triall , or indictment of their peers ; their banishing , confining , imprisoning , close imprisoning hundreds , yea thousands at a time , upon meer fears and jealousies ; and binding them and all their servants in excessive bonds with sureties ; their disfranchising maiors , bailiffs , aldermen , others in corporations ; enforcing divers to release their legall actions , judgements , executions , and committing them at their pleasures till they did it , against the expresse tenour not only of the grand charter , petition of right , and other . acts , but the very letter of the late act ; for preventing of inconveniences , happening by the long intermission of parliaments , the acts for the . first subsidies of tonnage and poundage ; the act for regulating the privy counsell , for declaring unlawfull and void the late proceedings touching ship-mony , and other acts passed by some of their own votes , in the parliament of . and . caroli , of which , or the like exorbitances , no ancient peers , or house of lords , were ever yet guilty . and if some of those persons who would usurp , or abridg the old lords power have been so arbitrarie & tyrannical in all kinds , before they claimed the title of lords , or house of lords , how exorbitant , in all probability , are they likely to grow in a short time , ( having command in the armie , and other courts ) if they should be established in their new lordly power , and the old house of lords put by , who should correct , restrain these their unparalelld excesses for the whole nations ease and benefit . . if these new peers , be in truth , law , herauldry , no true or real lords , barons , peers of the realm by their writs of summons , for the premised reasons ( but * meerly imaginary , titular and false ones , like those created by the usurper king stephen ; ) then the house of commons can neither in law nor verity agree or assent to any thing that shall be ordained by them , according to the tenour of the writs of summons ; nor establish any settlement that can be reputed legal or obligatory to posteritie , in a parliamentary way , if the ancient reall peers and legal house of lords be set aside and disowned . and therefore they must of necessity own , close with them alone , and remit them to their old hereditary right , else they can never make nor expect any real lasting settlement of our distracted state and government ; and all they vote will quickly prove abortive , illegitimate ; as the late new-models , instruments , and advices have done . ly . the setting aside the ancient lords and house of peers , and establishing their very disseisors in their places , as the only future lords and house of peers : will both justifie all their recited exorbitances , excesses , violences , & tyrannical proceedings against the old lords , their fellow commons , & others , ( transcending straffords , caterburies and the worst old counsel-table lords excesses by many degrees ) & ratifie , yea reward , crown them with the highest publick honour , trust , power they are capable of , even in parliaments themselves . which will not onlie probably excite , encourage others in succeeding times , to the like dangerous extravagancies , excesses , to the publick prejudice and desolation ; but animate them , when setled in their new lordly authority , to pursue their former practises , and turn greater tyrants , oppressors in all kinds then formerly they have been , to the utter enslaving of our nations , and embroyling them in new tumults . yea , how farre it may tend to the total and final suppression of the commons house it self in succeeding times , is worthy sad and serious consideration . for if the commons house shall not onlie silently connive at , but openly approve and assent to the dissolving , suppressing of the old lords and their house , by pretext of former illegall , unrighteous votes ( a meer nullities by all lawes ) made by a fragment of a dissolved house of commons , sitting under a force , not having the least jurisdiction or power of judicature over them , against all rules of justice , the very fundamental lawes of the land , the undoubted rights and priviledges of parliament , prescription time out of mind , all old & late acts , records of parl. their very solemn league , covenant , protestation , and hundreds of late declarations and remonstrances to the contrary : they may justly fear , and well expect by way of divine and human retaliation , that their very new erected house of lords when once established , having the power of judicature ( if not of the army ) in them , to preserve themselves from the like usurpations of the commons over them in after ages , will upon the first opportunity , vote down ( by this their president ) the whole house of commons , and quite suppresse it for the future , as vselesse , dangerous , factious , tumul●uous , seditious , arbitrary , tyrannicall , oppressive to the people , degenerated from its ancient duty , bounds moderation ; as not only b some of our late kings , but of those new intended lords have publickly branded , proclaimed it to be , in c late printed declarations ; and constitute all future parliaments only of a house of lords and great men of the realme , ( assisted with the counsell and iustices ) without any knights , citizens , burgesses , barons of ports , or house of commons , according to all ancient long continued presidents in former ages , before . h. . when ( for ought appeares ) the commons were first admitted , and called unto parliaments out of meer grace by the kings writs : or at least the disinherited ancient nobility ( in case they regain their pristine rights of session , judicature in parliament , without the commons assistance , of which there is no absolute future improbability ) may by way of justice and retaliation , set the commons house quite aside , for their late transcendent breaches , abuses of their trusts towards them , in secluding , and voting them quite down , against their writs , indentures , duties , oathes ; by which they have legally forfeited all their priviledges and right of parliamentary session , according to this received maxime in all lawes , d privilegium amittat qui improbabili temeritate quod non accepit usurpat ; & sua authoritate non legitime utitur , sed abutitur potestate . which weighty consideration ( though seconded with none else ) should engage all commoners to pursue the golden rule , precept of christ himself , as well in point of prudence , conscience , justice , as morality towards the old lords : matth. . . therefore all things whatsoever ye would that men should do to you , do ye even so to them ; for this is the law and the prophets : for with the same measure that ye meat withall , it shall be measured to you again , as luk. . . iudg. . . . psal. . . rev. . . c. . . . ezek. , . . . . obad. . . ioel. . . . . gen. . . mat. . . iam. . . do all infallibly resolve us , as well as late experiments . . that the first and principle things specified in the writs of summons , as the prime ends for which parliaments are summoned , is to debate and consult of quaedam specialia & ardua negotia nos , et statum regni nostri , et etiam iura , salvationem , et defensionem coronae nostrae regiae ( as well as regni nostri et ecclesie anglicanae ) specialiter & intime contingentib●s . and all knights , citizens , burgesses , barons of ports elected , returned to serve in parliament in the commons house , receive plenam & sufficientem potestatem pro se , et communitate comitatuum , civitatum , burgorum et portuum , from those commonalties who elect them , only ad faciendum & consentiendum his quae tunc ibidem de communi consilio comitum , baronum , or dicti regni nostri contigerit ordinari super negotiis antedictis , quod hoc breve , or , prout breve illud in se exigit & requirit ; as the express words of the * sheriffs returns and their indentures evidence : therefore their enacting any thing by themselves alone , without the earls , barons and lords house ; or majoritie of their fellow commoners ; or against their counsell , votes , advice , to the prejudice , destruction , subversion of the kings person , state , kingdom , and the prerogative , rights of his royal crown and dignity . ▪ which they were purposely summoned by the king , and authorized , intrusted only by their electors , commonalties , people , to preserve , support , and defend ; and to do and consent to nothing else inconsistent with , or repugnant to these ends ; is the highest prevarication , treacherie , violation of their trusts , duties , that can possibly be imagined , deserving the most exemplarie punishments : and those republicans who lately acted in this kind , to the destruction of the king , kingdom , the prerogatives , rights of the crown , parliament , lords and monarchie of england , upon this pretext , * that they were intrusted , impowred thus to doe by the people , and those who did elect them ; are the most notorious impostors , prevaricators , infringers , peruerters , falsifiers of their trusts and power in this kinde that ever england yet produced ; as all the forecited writs , compared with their their retorns , unanimously resolve , against their false absurd pretences to the contrarie , wherewith they have endeavoured to blinde and cheat the people ; in whom they verbally voted , placed the soveraign power , only by this forged , hypocritical pretext , actually to usurp , appropriate it to themselves , as their trustees , and representatives ; presently thereupon in all their new published knacks , papers , intitling themselves alone , ( not the people ) the supream authority of the nation , making the people greater slaves and uassalls to them in respect of their lawes , lives , members , liberties , freeholds , franchises , properties , estates , than ever they were in any age , under beheaded king charles , or the worst of all our kings and lords ; who never acted half so arbitrarily , tyrannically in everie kinde , as they , their * committees , high courts of iustice , counsils of state , major generals , excise-men , and other officers have done ; since their late exorbitant anti-parliamentary vsurpations , innovations , proceedings , under the disguise and notion of the parliament of england , without a king , & house of lords , or the secluded maiority of the commons house it self ; the forced absence , seclusion of all and everie of which . made them no real parliament at all , but an anti-parliamentary conventicle , and all their mi●intitled acts , ordinances , meer nullities both in law and conscience , fit to be enternally exploded by the whole english nation , and all future new parliaments , to prevent the like pernicious extravagances in after ages , which have involved us in so manie various miseries , warrs , perplexities , fears , dangers , oppressions , factions , troubles , changes , unsettlements , and confusions , which , without gods insinite mercie , presage nought else but total and final desolation both to our church , state , and nations . our * law-books resolve the parliament to be a corporation , consisting of the king as thief head , the lords as the superior , and the commons as inferior members , who ought mutually to preserve each others interests , and unite their counsells for the publike good , without any seisure or encroachment upon one another . for as there is nothing but giddiness , torture , distemper , consumption , restlesness , sickness , inactivity , maimedness , & confusion in the body natural , whiles the head , or chief joints , bones , parts of it are inverted , dislocated , fractured , severed , and kept out of joynt ; and no other means left when thus distorted , to restore it to rest , health , soundness , activitie , and prevent its dissolution by death , but with all speed and cate to restore every member , bone , joynt to its proper place , posture , office , and preserve them from subsequent dislocations and fractures . so it hath been and will be with this body politick : it will never be reduced to its pristine health , soundness , vigor , use , ends ; or become medicinal , to settle or advance the publike weal of the nation , till all its dislocated broken members be restored to their due places and power in it , without which it will soon come to utter desolation , as . cor. . , to . gal. . . mat. . . isa . . , . prov. . . , will assure all carnal politicians who think the contrarie , . that as it was the prudence , policie , justice of our parliaments , nobles , great men in former ages , not to vote , conclude , or enact any thing in parliament , when any of their chief members * were absent , or not summoned , or restrained from them , and to determine all great affairs in full parliament : so it was also their special care to preserve the jurisdiction of the kings courts of common law , as a chief right and flower of the crown , and the antient lawes and customs of the realm , against all incroachments upon them by popes , bishops , or anie others , as is evident by m sundry instances elsewhere cited ; and by this memorable writ of prohibition , isiued in king. h. his name , on the behalf of the nobles of england to the bishop of durbam ; proving the interpretation of the laws and customs of the realm , ( in anie doubtfull cases of publike concernment ) to belong only to the king and his nobles , ( n assisted with the iudges and counsil ) not to the clergy , commons , or anie other person or persons . * r●x waltero episcopo dunolm : salutem . cum secundum leges et consuetudines regni nostri , quae●tio de jure patronatus ecclesiarum regni ejusdem , adjus & dignitatem coronae nostrae pertineat , et de soro nostro , vel eorum qui regalia jura de nostravel praedecessorum nostrorum largitione susceperunt , de plano existunt . ac de communi consilio procerum nostrorum duximus providendum et firmiter statuendum , ut leges ●t consuetudines regni nostri super hiis et aliis , ab omnibus observentur qui concessis fibi regalibus , et aliis libertatibus gaudent , vel de unitate ac pace nostra et regni nostri censeri voluerint . cumque interpraetationes legum et consuetudinum praedictarum ad nos et proceres nostros pertineant , nec ad alivm vel alios ipsas leges vel consuetudines declarare vel interpretari possit aut debeat pertinere : vobis de consilio procervm nostrorvm prohibemvs , ne ●icut usum regalium libertatum quas vos habere praetenditis gaudere volueritis , alicui interpraetationi per quemcunque alium factae vel faciendae innitamini , vel aliquid per eam fieri procuretis , vel fieri pronunciatis , contra leges et consuetudines in regno nostro usitatas , et hactenus observatas . maxime cum secundum leges et consu●tudines supradictas judicari debeat ad quos vel quem , et per cujusmodi assignationes seu concessiones debeat jus patronatus cum maneriis vel feodalibus in regno nostro , ad alios transire . quod si super re praedicta aliter fieri seu judicari contigerit , ipsas libertates regales praenotatas ad nos per vestrum abusum censemus devolvendas . teste rege apud westin . . die septembris . per comitem gloucestriae , & hug. le bigod justic. angliae , ex parte magnatum . what else is worthie observation , from or concerning these , or other parliamentarie writs , i shall adjourn to the succeeding parts of this register , kalendar and survey ; till whose publications , * dimidium facti qui benè caepit , habet . finis . notes, typically marginal, from the original text notes for div a -e a the . p●rt of a short de●urrer to the lews long discontinued remitter into england , p. , &c. b see the exact abridgment of the records in the tower , and my table there , to title statutes . c see the fi●st part of my short demurrer to the iews long discontinued remitter into england , p. , , . , , &c. d see pultons statutes at large , lond. . p. . rastals kalendar of statutes in the end of his abridgment ; and tottles magna char●ta , out of which they transcribed them . a 〈…〉 b 〈…〉 c ●er . . . d lu. . . e rev. . . f propertius p. . g pliny praefatio in com . . nat. hist. * e. . rastal , armor . * cook . instit . p. . * e. . rot . parl. n. . r . . c. . h . . c. . ●ac . c. , . exact collection , p. . &c. a collection , p. , . * r. . c. ● . * in my summary collections , &c. and breviate , h eadmerus hist. novor . l. . p. , . i eadmerus l. . p. , , . k eadmeru●● . . p. . l hoveden , annal. pars p●sterior , p. ● , . m r●d●lph . de diceto , ymagines histor. col . . n hov● anna. 〈◊〉 p ● , . a flores h●st . pa●s . anno . p. b annalium pars posterior ann. . p. . c h●st . a●g p. ● . ● . e annal. pars post●rior p. . to . g pag. ● . g ibid. p. , . h pat. . johan regis m. . n. . seldens title of honor p. . x ●ist . ang. p. . y mat. paris , p. . ma● . westm. p. . z mat. paris p. . m●t. westm. p. . * . h. . c. . . h. . rot. pa●l . . . * mag carta c. . * mat. . . a ad herenicum : p. . b natural . quaest . l. . p. . c psal. . . d jer. . . e job . . f luk. . . notes for div a -e a antiquity triumphing over novelty , p. . to . the , & . part of a seasonable , historical & legal vindication , &c. my plea for the lords , and house of peers . a breviate of the antient great councils and parliaments of england . notes for div a -e b claus. an. . johann . rs. m. ● dorso . mr. seldens titles of honor , book . ch . . §. . p. . c claus. an. h. . m. . dorso ; seldens titles of honor , p. . d claus. h. . dors . . in scedula : selden ti● . of honor , p. . my plea for the lords , p. . de parliamento tenendo . d claus. e. . m. . dors . deparliamento tenendo . pravisa . see walsingham , hist. angl. an. , , p. , , . clerus ob constitutionem bonifacii hoc anno edi●am quae prohibet sub poena ex communicationis ne talliae vel exactiones a clero per seculares principes quocunque modo exigantur , vel eis solvantur de rebus ecclesiae , rege pro werra sua petenti subsidium denegavit . rex autem ut de meliori responso deliberarent negotium in aliud parliamentum ●enendum londo●iis in crastino sancti hillarii distuli● . parliamentum coactum est londoniis post ●estum sancti hillarii , in quo clero persistente in denegatione subsidii , rex ipsum a sua protectione exclusit . pro qua tamen redimendo , multi per se , multi vero per mediatores , regi bonorum suorum dederunt postea quintam partem . rex archiepiscopum rigidiorem comperiens , terras ejus omnes seisivit , & de bonis ejusdem debita in rotulis scaccarii inventa praecepit cum celeritate levari . nam idem archiepiscopus de consensu cleri procuraverat a papa inhibitionem , ne quis clericorum ●egem respiceret be bonis ecclesiae . de parliamento tenendo . de parliamento tenendo . de parliamento tenendo . de parliamento tenendo . * claus. ● e. 〈◊〉 . dorso . de veniendo ad parliamentum . ● regni . de parliamento tenendo . de iteratione parliamenti . e claus. an. e. . m. . dorso . de veniendo ad parliamentū regis . summoni●io parliamenti . summonit●● parliamen●i● de veniendo ad tractandum cum rege . summonitio parliamenti . de summonitione parliamenti ▪ de. summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . summonitio parliamenti . summonitio parliamenti . summonitio parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . summonitio parliamenti . de tracta●u cum magnat . apud winton . habend . summonitio parliamenti . pro rege de tractatu habendo . summonitio parliamenti . summonitio parliamenti . * see my plea for the lords , p. , , . cooks institut . p. . summonitio consilii . summonitio consilii . de tractatu 〈◊〉 habendo . summonitio parliamenti . de tractatu apud oseney habendo . de tractatu apud nottingham habendo . summonitio parliamenti . see the cause of this writ and parliament in my plea for the lords . p. . , &c. nota. summonitio parliament● . nota. de summonitione colloquii & tractatus haband . summonitio parliamenti . summonitio parliamenti . summonitio parliamenti . summonitio parliamenti . summonitio parliamenti . de venicndo ad consilium apud staun● . de veniendo ad consilium . de consilio summonito . summonitio parliamenti . nota. de consilio summonitio . summonitio parliamenti . summonitio parliamenti . de parliamento sum●●onito . * see the st●tute of e. stat. . prol. stat. ● c. . & sta● . . cooks inst. f. . b. de parliamento summonito . de parliamento summontio . de consilio summonito . de consilio summonito . de veniendo ad consilium . summonitio parliamenti . summonitio parliamenti . summonitio parliamenti . de veniendo ad consilium . summonitio parliamenti . nota. summonitio parliamenti . summonitio parliamenti . summonitio pa●liamenti . summonitio parliamenti . not● . de summonitione consilii . claus. e. ● . m. . dorso . summonitio consilii . summonitio p●rliamenti . summonitio parliamenti . nota. de clero convo●ando . summonitio parliamenti . claus. e. . dors . . de convocatione cleri . summonitio parliamenti . de consilio summonito . de summonitione consil●i in absentia regis . de summonitione parliamenti . summonitio parliamenti . de summonitione parliamenti . summoniti● parliamenti . summonitio parliamenti . summonitio parliamenti . summonitio parliamenti . summonitio parliamenti . summonitio parliamenti . summonitio parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de clero convocando . de veniendo ad parliamentum regis . de clero convocando . de summonitione parliamenti . de summonitione parliamenti . summonitio parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti , de summonitione parliamenti . de clero convocando . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitioni parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamentum . de summonitione parliamenti . de summoninitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamen ● de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitioni parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de summonitione parliamenti . de veniendo ad parliamentum . de veniendo ad parliamentum . de veniendo ad parliamentum . de summonitione parliamenti . pro parliamento . de convocatione . see my antiquity triumphing over novelty , p. . * cathedrali . de summonitione parliamenti . de summonitione parliamenti . nota. de summonitione parliamenti . a see spelmann● concilia , ingulphi historia , the prologues to the printed statutes of h. . ed. , , , . r. . h. . , , , . b here , p. , . c here , p. . d here , p. . e here , p. , . f see godwins catalogue of bishops , p. , . seldens titles of honor , p. . g here , p. , , , , , , , , , , , . , , , . &c. , , . h here , p. . . , , , ▪ , . , . exempti . premonstracen . cisterc. glauca in . e. . m. . de non venlendo ad parliamentum . * see p. , . , . * here , p. , , , , , , , , , , , , , , &c. * here p. , . ti●les of honor , p. , ● . a here , p. , , . , . . , , , , . b see an exact abridgment , p. . . c rastalls abridgment taxes and tenths . d walsi●gham , hist. angl. p. , , . see before , p. . see my plea for the lords , p. , . * mar. westm. anno . . p. ▪ r gal. . . the● . . . cor. . . ezech. . , , . a titles of honor. p. . to . b pat. e. . pars . m , 〈◊〉 , seldens● titles of honor , p. . . c par. h. . pars . m. . seldens titles of honor , p. , , d instir. p. . e in my plea for the lords , epist. to the reader , & p. . to . * modus tenendi parliamentum , cooks instit . c. . a ch●on . gervas●ii , col . . mat. par● , p. , . b b●bl . patrum , tom . . pars . p. , . c seldens titles of honor , p. , . d mat. paris , p. , . e hist. ang. p. , . * edi● . tiguri , . p. , . nota. nota. nota. a flores histor . pars . p. . b see an exact abridgment , p. . de convocatione clerifacta pro subsi●io regri p●o gue●●a fac . notes for div a -e a claus. h. . m. . dorso . b claus. . h. . m. . dorso . c claus. h. . m. . dorso . d see claus . h. . d. . cl . e. . d. . , , . schedula . cl . e. . d. . . claus . e. . d. , , , . claus . r. . d. . f mat. paris , mat. westm. walsingham , holinshed , daniel , speed , polychronicon , grafton ann. . my plea for the lo●ds , p. , , . summonitio parliamenti . de parliamento tenendo apud sar●m . de veniendo ad parliamentum . de parliamento tenendo . summonitio magnatum de t●actatu cum eisdem habend . de tractatu cum magnat . apud winton . habend . summonitio parliamen●● . nota. de interessendo parliamento . de consili● summonitio . de veniendo ad consilium , ad tractand . de statu terrae hiberniae . de veniendo ad parliamentum . † pa● . e. . m. . b walsingh●m hist. a●gl . p . hen. de knyghton de event . a●gl . 〈◊〉 c. . col . . c rep. f. , calv●is , case , i●●stit . f . b. lambardi archaion , f. , ● . d hist. l. , . e grafton , holinshed , & others in his life . f chron. johannis bromton , col . * lambardi archaion . spelm. gloss. tit. fidelitas . g iohannis selden ad eadmerum , & notae & spicilegium , p. . h eadmerus hist. novor . l. . p. . . mat. paris , p. . mat. westm. p. , . hoveden , p. . my plea for the lords , p. , . a historiae , p. . b see the customs of normandy , chapter of homage , & britton ch . . de homages , p. . b. c mat par●s p. . . mat. westm. p. . d historia , p. . e mat. paris p. . f hoveden ; annal , pars . p. . mat. parker , antiqu . eccl. brit. p. . . malmsb. de gestis pontif . p. . g glossarium , p. . h eadmerus hist. novor , . , , mar. parker , antiq. eccles. brit. p. , . , &c. malm●b de gestis po●tif . l. . p. . &c. , . godwin in the life of anselm . m eadmeri hist. nov. l. . p. , . n eadmer . l. . p. . o spelmanni glossarium , p. . p col. . q slm. dun●lm . hist. col . . mat. paris p. . mat. westm. p. . eadmerus , l. . p. . hoveden , p. . holi● shed , speed , & others in henry the . r chronicon johannis bromton , col . , . see hoveden , mat. paris , mat. westm. holinshed , stow , speed , & others . anno . s mat. paris , hist. p. , . see simeon dunelmens●s , hoveden , holinshed , & others , anno. . a instit. p. . b glossarium , p. . * littl. §. . c see an exact abridgment of the records in the tower , p. , , , , , . d instit. p. . e titles of honor , p. . * see p. ● , . * see my argument of the case of the lord magwire . b see cooks . insti● . p. . c seldens titles of honor . p , . . ▪ ▪ . . . my plea for the lords , p. . d seldens titles of honor , p. . , . , my argument of the case of the lord magwire , p. . e sir hen. hoberts reports p. . . ● * here , p. , to . * see here p. ● , , , . * see here , p. , ▪ . * henry de knyghton de eventibus angl●ae , l. . c. . col . , &c. my plea for the lords , p. , , ● . * walsingh●m graf●on , speed , holinshed , daniel baker , how martin . * see my minors no senators . * speed chronicle , p. ● . . * see the table of earls , ensuing , * see my plea for the lords , p. . to . . . magna charta preface , c. . . . . cha●●a forestae , c. . . . ● h. . c. . e. . p●ologue . a see cokes instit. p. . b see co ● instit. p. . c cook , ib. d seldens titles of honor , p. . cook instit. p. p. e see exact abridgement , p. . to . , to . f psal● . . acts . , rom. . . . cor. g apologia ● . . * see my plea for the lords , and house of peers . h an exact abridgement , p. , , , , , , , , , , , , , , , , , , . i mag. char●a , c. . rich. hagustadiensis historia , col . , . mat. paris , p. , , , . k henry de knighton , de eventib. ang. l. . c. . col . ●● h●veden annal. pars po●●erior mr. selden ad eadmerum notae , p. . . l m. seldens titles of honor , p. , , , . mr cambden● elizabetha , an. . p. , , . william martins history , p. , . o camdeni elizabetha , p. ● . , . * page ● p cassanaeus catalog glor ●aemundi , pars . con●id● . pars . confid . , , , , . pars . consid. . pars , consid : ● . bonus de curteli , de nobilitate , pars . n. , . baldus in consilio . lucas de penna , in l. nemini de consulibus , l. . andraeas de isernia , in d. tit . quae sunt regalia , calvini lexicon juridicum , tit : baro , comes , regalia . q ad cap. innotuit extrav : tit . de electione . r de singula●i certamine , cap. . seldens titles of honor , p. . s nolden : de statu● . nobil . c. . §. . t hist. l. . seldens titles of honor , p. , . u ad rubric● de baronibus et co●●ū officio , sect . & , et ad pragm . . num . . x super rub●ic , de ba●o●●bus , et eorum officiis , sect : , , , . * seld. p. ● , , ● , , , . y a thoma ca●merio edi●● l. . tit : . z selden● titles of honor , part . c. . a sal. de mendoza , l. . c , . . mariana de rebus hisp. l : . c. . selden . p. . parents r : parte . n : . seldens titles of honor , p. . spelmanni●in glo●●●●ium , p. , . i see the exact abridgment of the ment of the records in the tower , p. p. . mr. seldens titles of honor , p. . and my plea for the lords , p. . my plea for the lords epistle to the reader , and p. to . * in my preface to an exact abridgement of the records of the tower. pro reg● de auxilio habendo d●clero pro resistentia terrae franciae , * see my plea for the lo●ds . here , p. , . * cambdeni elizabetha , p. , . * see here , p : . ● see my plea for the lords . * p. to . * p. , , . * see hoveden , p. , , , , , . here , p. * here p. , . * here p. , . * cook . instir . p. . * see my minors no senators . * in my plea for the lords . * see my plea for the lord● , p. , . 〈…〉 , p. . * lust●● . p. . * see my plea for the lords epistle to the reader , and p. . to * here p. , , , &c. comitibus . ●aronibus . boronibu● . * seldens titles of honor. pars . ch . . sect . . . . . to . * see claus. e . do●● . . a e f ● . b●ook ▪ officer . . ii. . c. . b . institutes p. . . c mr. seldens titles of honor. p. ▪ to . spelmanni glostarium , p. . . d my plea for the lords ▪ p. . to . e instit. p. . f mat. paris . p see my plea for the lords , p. . . . . . &c. g see mr. iohn rushworth his historicall collections . p. . . &c. * mr. rushworths historical collections , p. . to . * glossarium . p ▪ . * seldens titles of honor. p. . . . , . . . a see here p. . . b see here p. . . . c see here p. . . my plea for the lords . p. . . . d see mr. r●shwor●hs h●storical collections p ▪ ● ● . . . ● . ● . to . d see the proposiri●ns & my speech in parliament . p. . . * as king iames acknowledged . see mr. r●shworths historical collections p. . to . e febr. . march . ▪ an. . f ianuary an. . a titles of honor. p. . b hist. l. . c. . notes for div a -e milit●s ▪ de veniendo ad parliamen●um ▪ de mittendis jurisperitis ad parliamentum . * ( without , & cum caeteris de consilio nostro . ) * with cum caeteris de consilio nostro , twice reci●ed in . of them , and bu●once in the o●ther . clericis . consilii . ●ustic●ar . de veniend● ad regem . de interessendo parliamento . * see cookes instit. p. . * cookes ins●it . p. . * sec ● ▪ , . * see my table to an exact abridgement , title councils and counsellors . a instit. p. . * see p : : a see my table to the exact abridgement of the records of the tower , title coun●ell . * e. . ro● . . e. . rot . . cooks instit p. . the d . part of my demurrer , p. . * . institutes p. . . . a see this ordinance inrolled at large , claus. ann. e. . m. . dorso in cedula , and remembred by mat. westm. pars . p. , . * then in being , but since not extant . b placita in parl. anno e. . ro● . . ● . * see poultons statutes at large . p. , , . * see claus. . . dors . . de magnatibus vocatis ad consilium . claus. h. . dors . . claus. ● h. . dors . . a . institutes p. . b bractan . l. . f. . britton . . . fleta . l. . c. west . . c. . . part of the ●nsti● . sect. f. . b. c lib. . f. . d instis. f. ● . b. e see the . and . part of my historical collection and vindication . my abridgement of the ancient councils and parliaments of eng. f matth. westminster , . p. , , , , , , , , , , , col . , . f cookes . instit. p. , , . instit , c. . cromtons jurisdiction of courts , ch. . the antiquity of the parliaments of england , by justice dodridge and others , p. . , . * the antiquity of the parliament of england , p. , . writes , that this word was first brought into this realm by the french monkes and first used by the statists in the time of h. . & that abbot ingulphus , first used it , who dyed in the year . h see balaeus . script . brit. cens . . c. . p , . i edit . tigrui . . p. . . . . k ibidem p. . . l scriptorum brit. cen. . c. . a see the praeface to mat paris , and mat westm , 〈◊〉 script . brit. cent. . c. . b mr. seldens praeface , historiae anglicanae scriptore● x. londini . . c chron. johannis brompton . col. . l. . . l. , . l. . . l. . . l. . . l. . . l. . d polychron . l. . c. . e ypodigma neustriae , londini . . p. , . f inst. p. . . . instit. f. . . instit. p. , . g see spelma●ni concilia , p. . h de eventibus angliae . col. , , , . i gul. lambardi archivon . the antiquity of the parliaments of england . p. , . k titles of honour . p. . , to . l in his letter mr. william hackwel . m preface to the . reproof . n spelmanni concil . p. . o see my seasonable legal historical vindication . part . . p. , , . ● . . p. . * . jac. c. . p a collection of ordinance● . p. . k. . q caroli . r mr. rushworths historical collections . p. . s exact colection . p. . a . h. . c. . h. . c. . * see my argument of the case of the lord maguire . * a collection of ordinances , p. , . * see the independency of england , by henry martin , . * ordinatio , pro stabilitate terrae scotiae , cl . . e. . dorse . cedula . rustal partition . . . jac. c. . . caroli . here p. , , . * see mr. rushworths historical collections . p. . * mark. . . * luk. . . a de legibus & consuetudini , regni angliae . b lib. . c cap. . d lib . c. . e prae●ace to na● . brevium . f d●gest of writs . g . instit. f. . b. h britton . c. . statham . fitzherbert , brock , thelwel , ash title , brief , abatement de brief & errour . i here p. ● . k see mr. rushworth his historical collections , p. , &c. l seldens titles of honour . p , , , , , , , &c. m inst p. . n king cha●les his declaration , . june . car. mr. rushworths historical col●ectiods , p. . o my legal vindication against illegal taxes . p here p. , , , , , , , , , , , , , &c an exact abridgement of the records in the tower , p. , , , , . q here p. . , , , , , , , , . r exact abridgement of the records in the tower , p. , , , , . * in the second part of my soveraign power of parliaments & kingdomes , p , . b pet . , . tim. . . prov. . . dan , . , . * walsingham . hist , angl. p. , , mat. westm. p. , . henry de knyghton de eventibus . angl. l. . c. . col. . s hen. p. . i see p , , , , , , , , , , , , , , , , , , , . , , &c. u beda eccles . hist. l. . c . spelmanni concil . p. . x horne● myrrour . p. . cooks . instit . f. . ● . y see p. , , , , , , , . z see p. , , , , , , . a see p. , , ● , , , , , ● , , , , , , , , to . b see p. , , , , , , , , , , , , , , , , . ho●ns myrrour , ch . . sect . p. . c see p. , , , . , , , ● , , . , , , , , , , to ● , , , . * h. . c. . . h. . c. . register● cooks . instit . p. . h. . rot. parl. n. . a mat. farker . antiq. eccles. brit. tan . p. . . . ●● . . godwins catalogue of bishops in canterbury and york . b claus. . e. . m. . dorso . c autiquitates eccles. brit. p. ● . . d patent . an. . e. . part . . m. . e my plea for the lords , p. . to . * see cooks . instit. p. . to . r. . s●at . . c. . my plea for the lords , p. . . h. . c. . f james baggs case , cooks reports , f. . t● . g bracton , l. . c. . f . see my ardua regni . h see my plea for the lords . objection . answer . * exact collection , p. . * exact collection , p. . * see their whitehall ordinance of . decemb. . march . and may . iune . . the first part of my seasonable legall , historicall vindication . london . p . to . the instructions to the major generalls ; my summary collection of the fundamental rights liberties , properties of all english freemen . p. . to . * see p. . a ea quae contra leges siunt non solum inutilia , sed etiam pro infectis habenda sunt . justin. cod. l. . tit. . gratian , caus. . qu. . b mr. john rushworths historical collections , p. , , , , , , , , , , , , , , to , , , , &c. appendix , p. , , &c. c the declaration of the general officers of the army , august p. , , . a true state of the common-wealth of england , p. . to . d gratian , causa . qu. . f. . see littleon , sect . . cooks instit . f. . report , f. . h . . brook officer , , . here , p . * see retorna brevium , cromptons jurisdict . of courts , f. . daltons office of sheriffs , & the returns & indentures in the tower , & rolls . * see their declaration votes of jan. . feb. . march . . . the . part of the history of independency . * see a true state of the common-wealth of england , p. . to . * dyer , f. . a. cooks instit . p. . . * see here , p. , , , , , . my plea for the lords , p. . to . to . m ● h. . c. . an exact abridgment of the records in the tower , . table , law , old and common law. n see here , p. . to . * claus. , h. . . dorso . * horatius , ● p. . the power, jurisdiction and priviledge of parliament and the antiquity of the house of commons asserted occasion'd by an information in the kings bench by the attorney general against the speaker of the house of commons : as also a discourse concerning the ecclesiastical jurisdiction in the realm of england, occasion'd by the late commission in ecclesiastical causes / by sir robert atkins, knight ... atkyns, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the power, jurisdiction and priviledge of parliament and the antiquity of the house of commons asserted occasion'd by an information in the kings bench by the attorney general against the speaker of the house of commons : as also a discourse concerning the ecclesiastical jurisdiction in the realm of england, occasion'd by the late commission in ecclesiastical causes / by sir robert atkins, knight ... atkyns, robert, sir, - . [ ], p. printed for timothy goodwin ..., london : "a discourse concerning the ecclesiastical jurisdiction in the realm of england (p. [ ]- ) has special t.p. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. church and state -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion newly printed for timothy goodwin , at the maiden-head , against s. dunstans church , in fleetstreet . an enquiry into the power of dispensing with penal statutes ; together with some animadversions upon a book , writ by sir edward herbert , lord chief justice of the court of common-pleas , entituled , a short account of the authorities in law , upon which judgement was given , in sir edward hales's case . by sir robert atkins , knight of the honourable order of the bath , and late one of the judges of the court of common-pleas . the power , jurisdiction and priviledge of parliament ; and the antiquity of the house of commons asserted . occasion'd by an information in the kings bench , by the attorney general , against the speaker of the house of commons . as also a discourse concerning the ecclesiastical jurisdiction in the realm of england occasion'd by the late commission in ecclesiastical causes . by sir robert atkins , knight of the honourable order of the bath , and late one of the judges of the court of common-pleas . london , printed for timothy goodwin , at the maiden-head , against s. dunstans church in fleetstreet . . in the kings bench , trin. carol . ii. by indictment . middles . the kings attorney informs the court ; that w. w. esq being a pernicious and seditious man , and contriving and practising falsly , maliciously and seditiously , to disturb the peace and quiet of the kingdom : and to stir up sedition , and to procure ill-will between the king and his subjects : and to bring the d. of y. into contempt with the king and his subjects . in order to the compassing of all these , the ninth of november , car. , in the parish of s. martins in the fields , in the county of middlesex , he the said w. w. did with force and arms , falsly , vnlawfully , vnjustly , wickedly , maliciously , scandalcusly , seditiously and devillishly , for his own lucre , cause and appoint a certain false , scandalous , seditious and infamous libel ; entituled , the information of thomas dangerfield , gentleman , to be printed and published . in which libel , ( among other things ) are contained , as followeth : the information of thomas dangerfield , gentleman , &c. ( the contents of it have been read , and need no repetition . ) in contempt of the law , and to the ill example of others ; and against the peace , and the kings crown and dignity . and the king's attorney prays process against him , that he may be brought in to answer it . the defendant pleads to the jurisdiction of this court ; and says , that by the law and custom of parliament . the speaker of the house of commons sitting , the parliament , according to the duty of his office , as servant to the house , ought , and ever has accustomed , to speak , sign and publish such proceedings of that house , and in such manner as he shall be ordered by the commons so assembled . and that such speaking , signing or publishing , according to the law and custom of parliament , are the act and doing of the commons themselves ; and hath ever been so accepted and taken , and not as the speakers own acting or doing . and that the speaker , for such speaking , signing or publishing by him made or done , sitting the parliament ; and by their order , ought not to answer in any other court or place , but in parliament . he further says , that at the sessions of parliament at westminster , the th . of march , car. , held by prorogation , one william viscount stafford and others , were impeached by the commons , before the lords , according to the law and custom of parliament , of high treason , for a most execrable conspiring to kill the king , and to alter and subvert the ancient government , and the laws of the realm . and to suppress the true religion established in this kingdom . and to root up and destroy the professors of it . and that afterwards , in the sessions of parliament , held by prorogation , at westminster , octob. car. . the said viscount stafford , at the prosecution of the commons , was tried , and convicted , and attainted , in due form of law , by the temporal lords then assembled in parliament , for the high treasons , of which he was so impeached by the commons . as by the record of parliament does appear . he further says , that in the opening of that session , the king , in his speech to the lords and commons , charged them to pursue a further examination of that conspiracy , with a strict and impartial enquiry . and the king then told them , that he did not think himself nor them secure till that matter was throughly done . he further says , that in the same sessions of parliament , last mentioned , which continued at westminster till jan. car. . both houses of parliament , in pursuance of his majesties said direction , made a strict and impartial enquiry after that conspiracy . and upon that enquiry , in the same sessions of parliament , last mentioned , the said thomas dangerfield , in the said information named , did upon his oath exhibit to the lords in parliament , the said libel ( entituled , the information of thomas dangerfield , gentleman ) as his true information of that conspiracy : and delivered it to the lords , which was and is there recorded , as by the record thereof in parliament does appear . and he also delivered it to the house of commons in the same parliament , at the bar of that house . and the said commons then ordered , that that information ( among others , then before given in at the bar of that house , touching the said plot ) should be entred in their journal . and that all the said informations should be printed , being first perused and signed by their speaker : and that the speaker should name and appoint the persons that should print them : and that thomas dangerfield should have the benefit of the printing of his information . and the defendant further says , that he was a member of the house of commons during all the sessions of parliament , last mentioned , and was duly elected and made their speaker , and was so all that sessions . and that by virtue of , and in pursuance of the said order , as speaker of the house , afterwards , during that session , sc. nov. car. . in the parish of s. martins in the fields , in the said county of middlesex , he did peruse the said information , so exhibited by the said thomas dangerfield to the commons , and he signed it by putting to it his name , viz. william williams , speaker of the house of commons . and then and there appointed thomas newcomb and henry hills ( being the kings printers ) to print that information , according to the said order of the house of commons . and thereupon the said information afterwards , and during that session , sc. nov. car. . was printed by those two printers . and that the said thomas dangerfield had the benefit of that printing , according to the order of the house . which setting to of his name , and appointment of the said printers to print the said information , are the same causing and appointing of the printing and publishing of the libel in the attorney general 's information mentioned . absque hoc , that he is guilty of the premises in the said attorney general 's information specified , on the ninth of november , in the said information specified , or at any other time after the said session of parliament , or before it ; or otherwise , or in any other manner than as he has above alledged . and this he is ready to aver , &c. wherefore , and for that what he so did , was done by him as speaker of the house of commons , in parliament , and by their order , and sitting the parliament , he demands the judgment of this court , whether this court will take any further cognizance of this matter . kings bench : the kings attorney is plaintiff , and w. w. esq defendant , in an information for a misdemeanour . the information sets forth , &c. vide the brief of the record . the information taken singly by it self , ( without the defendents plea ) contains a very severe and heavy charge in it , against the defendant , set out with the highest aggravations : and this against a gentleman of the profession of the law , and one who hath had the honour to be speaker of several parliaments . we may observe in this information the worst of adjectives or epithites fastned upon the defendant : it stiles him , a pernicious and seditious man. it charges him with the worst of actions ; sc. stirring up of sedition , disturbing the peace of the kingdom , endeavouring to procure ill-will between the king and his subjects ; and to bring the d. of y. into contempt with the king and his subjects ; and with the printing and publishing a false , scandalous , seditious and infamous libel . these crimes and actions are set out in mr. attornies information with the worst of adverbs ; and with a great heap of them together ; viz. that these things were done by the defendant , falsly , vnlawfully , vnjustly , wickedly , maliciously , scandalously , seditiously and devillishly . and to add ( if possile ) to all this , it is charged to be done out of one of the basest principles : out of malice ; and for one of the most sordid and odious ends , viz. for his own lucre. it may further be observed , that the information does not alledged or affirm , that there is any such person in the world as thomas dangerfield ( though it mention the name ; ) nor that any such person did ever frame or draw up any such scandalous and libellous book or information , as is mentioned in mr. attorneys information . but ( for all that , mr. attorney shews ) the name of thomas dangerfield , may be but a feigned or borrowed name , and that the defendant may be the author and composer of this libel , as well as the publisher . and one would not imagine , upon reading mr. attorney's information , that any thing of these matters , thus charged , was ever transacted in parliament : but mr. attorney gives them another date , both of time and place . he does not lay the scene at westminster , but at s. martins in the fields , and he times it to the year . whereas there was no parliament in that year . this was warily done . thus the case stands upon mr. attorney's information , and should it be left here , it would be a wosul case with the defendant ; but as solomon says in his proverbs ; the first in his own cause is just , then comes the other party and enquires into him . the plain english of which is ( as we use to say ) one tale is good till another is told . the defendant , in his plea , states the matter truly and fully , and tells us , that there is nothing true in this information exhibited against him , save only that there was such an information of dangerfields , but that the defendant was none of the author . it was drawn up and delivered in to both houses of parliament , first to the lords , upon oath ; and there ordered to be entred in their journal : and afterwards delivered at the bar of the house of commons . and that the defendant , being speaker of the commons , he examined that information of dangerfields , and directed the printing of it : but it was all done in time of parliament , and ordered to be done by the house of commons . by this narrative of the plea , all the unlucky adjectives and untoward adverbs are thrown off , and the defendant cleared from the malice . nor is it true that is said in mr. attorney's information , to be done for the defendants lucre. he did it out of obedience to the parliament ; and he denies that he made any profit by it , but according to the order of the house ; the profit of the printing was to dangerfield . and all this is confessed by the demurrer . the plea consists of these parts : matter of fact , matter of record , and matter of law. it begins with matter of law ; and sets down the law and custom of parliament . then he does assume the matter of fact , and of record , and brings them home to that law. he tells us , that , for certain , there was such a thing as a popish plot , and that it was a desperate , horrid , devillish plot. and here all the bitter adjectives and adverbs would have been well bestowed , rather than upon the speaker of that parliament ; which parliament with such admirable zeal and courage did prosecute some of those plotters . he sets forth , that — the lord stafford was in parliament convict before the lords of high treason , committed in that plot ; and he was covicted at the prosecution of the commons , according to the law , and custom of parliament . he says , that the king in his speech to the lords and commons , charged them to make a further strict and impartial enquiry after this plot. then the plea tell us , they did accordingly make an impartial enquiry , and diverse others were thereupon convicted of that plot. it now appears plainly , that all that is contained in this plea was not only done during the parliament , but by the parliament it self ; and that the defendant only acted as speaker . and it is worth the remembring too , that there has been another parliament since , namely that at oxford . and though all that was done by him in the parliament at westminster , was then very well known and remembered ; and though he were so pernicious and seditious a man , in the opinion of mr. attorneys information , yet the world had a better opinion of him , for he was chosen speaker again , in that latter parliament , and his majesty approved of him . at last , the defendant concludes his plea to the jurisdiction of this court : viz. that what he had so acted , being acted in parliament time , and by order of parliament , he demands the judgment of this court , whether they will take conusance of it . the attorney general demurr'd to it . the subject matter of this record is a very large field , viz. the power and jurisdiction of parliament , and yet i shall have but a narrow path to walk in . it is a very nice and tender point : it is my case , as it was heretofore with those that were to undergo the old saxon trial by fire ordail ( per ferrum candens ) if i tread aside and make a wrong step , i may do my self a mischief . but by the grace of god , i shall take care neither on the one hand to give any just occasion of offence to those above me ; nor yet on the other hand , shall i be wanting in that duty i owe to the kingdoms cause . i shall speak my mind freely in it , and leave the success to god. and while i must argue for the freedom of acting in parliament , and speak for the speaker , and endeavour to maintain their rights and priviledges , i may justly claim that ordinary and reasonable priviledge for my self , that if i happen unawares to misplace a word , or to be misapprehended in what i say , i may have the liberty instantly to explain my self . and i take my self to be under the protection of the law , while i argue the law. in arguing this case , i shall make three points , or lay down these three positions . . that what is done in this case , is done in a course of justice , and that in the highest court of the nation ( the parliament ) and according to the law and custom of parliament . . that however , that which is done in this case , is not to be imputed to the defendant , who acted in it but as the servant or minister of the parliament , though in a very honourable station . . that these being matters transacted in parliament , and by the parliament , this court of the kings bench ought not to take conusance of them ; nor hath it any jurisdiction to judge or determine of them . as to the first , i shall frame this syllogism . no indictment or action lies for what is done in a course of justice , or in a way of legal proceeding . but what has been done by the defendant , and by the house of commons in this case , hath been done in a course of justice , and in a way of legal proceedings , and that in the highest court of the nation . therefore what hath been here done , is neither subject to an action or indictment . i shall first prove the major proposition . that no indictment or action lies for what is done in a course of justice . the reason of the law is , that the law and courts of law , and justice , and remedies against wrong , ought to be free and open ; and no man must be frighted nor discouraged from a legal prosecution of his right . to prove this , i shall make bold to cite the opinion and authority of a town clerk. the report of it is in the holy scripture , the truest and highest report . it was the opinion and advice of the town clerk of athens . we read it in the acts of the apostles , and it instantly still'd and quieted a mighty uproar , it had so much weight in it . if any man ( says he ) have any matter against another , the law is open , and there are deputies ; let them ( says he ) implead one another . the parties to a suit in law , the council , the attorney , the witness , the officers , the jury , are all under a protection of the law for what they do or say in the prosecution of a suit in law , or any legal proceeding . i will put some few cases suited to every one of these who are the several actors in a suit. by the stat. of e. . call'd the stat. of w. . he that reports slanderous news , whereby discord may grow between the king and his people , or the great men of the realm , is to be imprisoned , till the first author of the tale be brought into the court. this comes near our case ; and this is all the punishment that the statute inflicts upon this crime of reporting such a slander . sir. e. c. in his exposition upon this stat. in his d . instit. . says , that this stat. extends only to extrajudicial slanders . and therefore ( says he ) if any man bring an appeal of murder or robbery against any of the peers of the realm , although the charge be false , yet shall not the peer have an action de scandalis magnatum , neither at the common law , nor by this stat. of w. i. nor any other stat. for any such appeal , nor for affirming the matter of it to be true , either to councel or attorney , or for speaking the same in evidence to a jury . it was the lord beauchamp's case , . h. . keilway , , , . sir richard crofts sued a writ of forgery of false deeds against the lord beauchamp : the lord beauchamp sues sir richard crofts in an action de scandalis magnatum , upon the statute of r. . c. . for this slander , in charging him with forgery . keble , of council for the lord b. admits , that at the common law no action did lie for this slander , it being in a course of legal proceeding . but keble was of opinion , that this statute of r. . did give the action in such a case , though it were a slander occasioned by a suit. but by brian and the rest of the court , the action de scand . magnatum , did not lie for such a slander , though the matter of it were false , because it is in prosecution of a lawful suit. with this agrees boulton and clapham's case in justice jone's rep. . and weston's case , crok , . . sir e. c. puts the difference in his d. inst. before cited . if a man prefer a bill in the star-chamber against a great peer , and charge him with forgery or perjury , no action de scand . magnat . lies , it being in a legal proceeding , and in a matter wherein that court had a jurisdiction . but if in such a bill in the star-chamber a peer be accused for felony ( which that court hath nothing to do with , nor no jurisdiction in ) this ( says sir e. c. ) has not the face of a legal proceeding , and shall not excuse a man in an action de scand . magn. sir buckley's case . rep. . cro. eliz. . the same case . yet where there is but a mistake of the jurisdiction , if the suit be once well commenc'd , some little irregularities in the proceedings shall not expose them to the action de scand . magn. as , if a man bring an appeal of murder , and through the ignorance of the party , or his clerk , or attorney , it is made returnable in the com. pl. where they have no jurisdiction in it : yet no action de scand . magn. lies for this , the suit being well begun , and it being in the nature of a lawful suit. so says sir e. c. in the case of a councellor pleading for his client . he likewise in what he affirms or pleads for his client , if it be pertinent to the matter of the suit , and he has it by instruction from his client , he shall be protected against an action of slander for it . this is a point that may concern many of us . it was the case of sir hen. mountagu recorder of london , m. . cro. fo . . in b. r. ral. brook brought an action upon the case for slander against sir h. m. for saying of the pl. brook , that he had committed felony . sir h. m. pleaded specially to the action , that he was a councellor at law , and was retained against the pl. brook , and at the trial in giving of evidence to the jury , he did indeed speak those words ; but averr'd that they were pertinent to the matter , and were part of his instruction . it was resolv'd upon a demurrer , that the plea was good , the words being pertinent , though they were false . and there is a further reason given by the court in that case , viz. the words appear not to be spoken out of malice : and no actions of this sort , nor will any indictment of this nature lie , unless there be malice in the defendant ; and where there is any justifiable occasion of speaking words that a man in discharge of his function or calling is led by the subject-matter of discourse , as a preacher , or pleader , or the like , to speak words in such case ; it shall be presumed they were not spoken out of malice . in the case of an attorney . sir e. c. in his d . instit. in his exposition of the stat. of articuli super chartas , e . . c. . tells us , that in the very next year after the making of that stat. viz. e. i. will. de weston brought an action of conspiracy in the kings bench , against william of hempswell , parson of newton , and john of malden , parson of askerby , for causing the plaintiff to be cited before the arch-deacon of linc. for a trespass , whereof he had been acquitted in the king 's court. john of malden pleaded , that he was communis advocatus pro suo dando , and so justify'd as an attorney ; and it was found the parson was communis advocatus , and so not guilty of the conspiracy . in the case of a witness : for what he says as a witness , or for what is said against him , to disable him from being a witness , or to take off his credit , no action of slander will lie . h. . . in an action of conspiracy , one of the defendants justify'd as being a witness , to the jury . crok .. . in the king's bench , weston against dobneet , in an action for slander . there was a suit in the spiritual court , and the plaintiff that brought the action of slander , was produced as a witness in that cause , and the defendant in that suit in the spiritual court , put in exceptions against him , that he had been perjur'd , and therefore ought not to be used as a witness . thereupon , weston the witness , brought this action for that slander . and after arguments , the whole court held , that the action of slander did not lie for this manner of slander , because it was in a course of justice , and not ex malicia . in a writ of conspiracy . one of the defendants pleaded , that he was one of the indictors . judgment , si actio . and the plea is allow'd . h. , . & . nay though it be not in a course of justice , in a suit of law , yet if a man be in the doing of his duty , and in discharge of his function and his lawful calling , and in discoursing of a subject proper for his function , and enforcing of every mans duty of avoiding of any sin , and in pursuit of it , tells a story which he takes up upon trust , and does not know it to be false , and it prove at last to be utterly untrue , and an innocent person is highly slandered by it , yet he shall not be subject to an action of slander for it . the occasion of speaking shall clear him from the malice , without which the action will not lie . in the book of martyrs , written by fox , there is a story of one greenwood , who lived in suffolk , that he had perjur'd himself before the bishop of norwich , in testifying against a martyr that was burnt in queen mary's time ; and says ( fox ) this greenwood afterwards , by the just judgment of god , had his bowels rotted in him , and so he died . this story by fox in his book of martyrs , was utterly false of mr. greenwood , and after the printing of that book of martyrs , mr. greenwood was living in that very same parish . one prist , a parson , happen'd to be presented to the living of that parish where this mr. greenwood then dwelt ; and . eliz. in one of his first sermons , happen'd to inveigh against the sin of perjury ; to which his text did lead him ; and the better to deter the people from the sin of perjury , he told this story out of fox's book of martyrs , and named the very man mr. greenwood ; and mr. greenwood himself was then in the church , and heard this story told of himself , but the preacher knew it not , but thought the story to be true . greenwood brings an action of slander against prist the preacher ; and upon the trial of the cause before the lord chief justice wray , the case appearing to be thus , he directed the jury to find for the defendant , for that it appear'd it was not done out of malice : and ch. i. popham affirm'd it to be good law , it being a matter deliver'd after his occasion , as matter of story . this case is cited by sir e. c. in sir henry mountagu's case , before mentioned . crook .. f. . . with this agrees the case of the lord cromwel , against denny a vicar , rep. . b. in an action de scand . magn. there is a case in many circumstances of it much resembling our case . it was the case between smith and crashaw , and others m. . in the kings bench , in sir palmer's rep. . an action upon the case is there brought against the defendants , for maliciously causing the plaintiff to be indicted of treason ; upon which indictment the grand jury found an ignoramus . to this action the defendants pleaded not guilty , and were found guilty . it was moved in arrest of judgment ; that to accuse one for treason was not actionable , for the safety of the king and state : for if a man be subject to an action for it , it will be a means that treason shall be smothered , and men will not expose themselves to actions , by making such discoveries . j. houghton held the action would not lie upon an ignoramus found ; for by that the party is not acquitted , but may be indicted again and convicted . but he holds , that if he be indicted , and upon trial legitimo modo acquietatus , then he shall have an action upon the case , in nature of a conspirary ; for now he is absolutely acquitted and cleared of the accusation , and never can be indicted again for that particular fact. dodderidge agrees with houghton , and puts this case ; if an action of conspiracy be brought against a man , for indicting the plaintiff of treason , the defendant may plead specially ( and that is the safest way of pleading ) that he heard the plaintiff speak such and such treasonable words , and that he thereupon complained to a justice of peace , who committed the plaintiff upon it , and this ( says he ) shall excuse him . ley , chief justice , inclines too against the action , and gives a strong reason , because ( says he ) it is misprision to conceal it ; and yet if we allow of this action , it shall be dangerous too to discover it , so that the defendant does lupum auribus tenere . and so the judgment was arrested . but we find , that soon after , when the judges of that court were chang'd , the same plaintiff brought a new action for the same cause : and it was adjudged for the plaintiff , that the action would lie ; but the judges acknowledged it was the first precedent . i suppose it was upon pleading not guilty . perhaps the court might have been of another opinion , had the defendant pleaded specially , and justified , according to the opinion of judge dodderidge . the case is cro. car. & latch . . the allowing of such actions of conspiracy , or upon the case , or of indictments or informations for what is said or done in a course of justice , and especially by way of discovery of treasons , would prove of a mischievous consequence ; and would be an occasion of multiplying actions against the parties to the suits , against councel , the attorneys , the witnesses ; and so suits would be infinite . as in this present case , should an action be adjudg'd to lie against the defendant for what he has acted by authority of parliament , what a multitude of actions would be stirred up by it ? if the speaker be liable to this information for what he has done ; by the same reason he would be liable to the actions of the several great persons that are said to be defamed by the printing of dangerfields narrative . and if the speaker be liable , who acted but by command of others , and as their minister , how much more would all those persons be ilable , by whose command he so acted ? and how many narratives have there been printed , wherein several great persons were severely reflected on , and how many votes of the like nature have there been printed ? so that there would arise a multitude of suits . in sir drue druries case , . rep. . the justices in judging of that case , give a very good rule and caution : they say , that judges ought to have good consideration in all cases depending before them , not only of the present cases , but also of the consequences , what general prejudice may ensue upon them either to the king or subject . the case before you exceedingly requires that consideration the prejudice to the king will be , that he will not be safe , for by this means men will be discouraged from discovering treasons . the subjects will receive prejudice , by the multitude of suits that will arise by it . this mas suffice to be said in maintaining the first proposition , that no information or action lies for what is said or done in a course of justice . the minor proposition is , that what is here done by the defendant , in this case , was done in a course of justice , and in a legal proceeding , and that in the highest court of the nation , ( in the court of parliament ) and done according to the law and custom of parliament . this i must make out in the next place . in the making this out , i am under a necessity of speaking of the transcendent power of the high court of parliament , and i must assert these positions following . . that the house of commons was originally , and from the first constitution of the nation , the representative of one of the three estates of the realm , and a part of the parliament . . that what is done by either house , according to the law and usage of parliament , is properly , and in the judgment of law , the act of the whole parliament : and that what concerns the one , must of necessity concern the whole ; not meerly by consequence , but by an immediate concernment , as being one , and entire . . that what hath been acted in our present case , by the defendant , as speaker , and by the house of commons , whose minister he was , and by whose command and order he did what he did , was done according to the law , and usage of parliament . as to the first , that the house of commons was from the first constitution of this kingdom , a part of the parliament . there has been an opinion , that hath been stifly maintained by some divines , and others of late , that the house of commons originally were no part of the parliament , at least not as now elected , and consisting of knights , citizens and burgesses ; but that their beginning was in the forty ninth year of king henry . when that king had given a total overthrow at the battle of evesham , to symon montford earl of leicester and the barons . and that to ballance the power of the barons , that king caused the knights , citizens and burgesses to be chosen , and to make a part of the parliament . and from hence some unquiet innovating writers , quorum res , & spes ex adulatione pendent ; and who would destroy foundations , and remove our ancient land-marks , and the ancient and just limits and boundaries of power and authority ; persons of necessitous estates , or of greedy and ambitious appetites , which drive them upon devising how to do some acceptable service to those that maintain them : or at the best out of unsetled judgments , and too much zeal , which carries them to a contrary extream . these men conclude , that therefore all the power and priviledge the house of commons claims , is not by prescription , but that they depend upon the king 's royal will and pleasure , and had their original by his meer concession , and not by ancient inherent right , nor original constitution , and therefore may be resumed at pleasure . it was one of the articles against dr. manwaring , in the parliament car. . for which he was impeached by the commons , and sentenced by the lords in parliament ; that to subvert , scandalize and impeach the good laws and government of this realm , and the authority of the high court of parliament , and to avert his majesties mind from calling of parliaments , and to alienate his royal heart from his people , he did in his sermons , and in his books printed , endeavour to persuade the king , that his majesty was not bound to observe the laws of the realm concerning the rights and liberties of the subjects : that authority of parliament was not necessary for raising of aids and subsidies . his sentence was imprisonment during pleasure , and but l . fine for this high offence , not l , as hath been of late times . he was to acknowledge his offences , as it should be set down by a committee in writing at the bars of both houses . he was suspended from his ministry . disabled to preach at court. his books were to be call'd in , and burnt in london and both the universities . power limited by law is safest . it may be thought potestas minor , sed tutior & diuturnior ea demum tuta est potentia , quae viribus suis modum imponit . to encounter these new and upstart opinions , i shall mention an author or two , whom all sober men reverence , that are of a contrary judgment to these new authors . and they are either eminent lawyer , or divines . and i am the more encourag'd to do it , because his majesty that now is , hath upon several occasions been pleas'd graciously to declare , that he holds parliaments to be the best method for healing the distempers of the kingdom , and the only means to preserve the monarchy in credit at home and abroad ; and he promises to rule the people by the law. hales , that solid learned divine , in his golden remains , cites baldus for it : digna vox est majestate regnantis , legibus alligatum principem se prositeri . and learned hooker , that great champion for the discipline , and for the rites and ceremonies of the church , in his eccles polity , delivers his opinion quite contrary to these time-servers . pag. . all publick government ( says he ) of what kind soever , seemeth evidently to have arisen from deliberate advice , consultation and composition between men . that composition signifies the laws . and , pag. . he says further , that the power of making laws to command whole politick societies of men , belongs properly to the same entire societies . what can be said more in confutation of the book that goes by the name of sir rob. filmers ? the duke of wittemberg , at the council held at wormes , when other princes discours'd of many priviledges and conveniencies of their lordships and territories , openly protested it to be his greatest felicity , that he could in aperto campo , & in sinu subditorum suorum dormire . non eget mauri jaculis , nec arcu , &c. i shall further add only the judgment of one or two of our most famous and learned judges concerning this matter . fortescu , that was first lord chief justice , and afterwards lord chancellor in the reign of h. . in his excellent book in commendation of the laws of england , affirms this doctrine . ad tutelam legis , subditorum , ac eorum corporum & bonorum erectus rex est . et ad hanc potestatem a populo effluxam ipse habet . sir e. c. in his . rep. . delivered his opinion freely in the case of prohibitions , before the king and the lords of the council ; where there was a warm debate between the judges and dr. bancroft , archbishop of canterbury . and what sir e. c. deliver'd for law , was with the clear consent of all the justices of england and barons of the exchequer . and there sir e. c. says , it was greatly marvell'd at , that the arch-bishop durst inform the king , that the king had an absolute power and authority by the word of god to determine what causes he pleas'd in his own person . and it is admirable to observe with what a true and honest courage that grave chief justice sir e. c. answer'd the king himself in that debate . when the king was pleas'd to say , it was treason to affirm , that the king was under the law : the chief justice answer'd him with the words of an ancient judge , and author of our law ( that is , out of bracton ) that the king was sub deo & lege . and fleta , another of our ancient authors in our science , useth words to the same effect . this doctrine differs from some of our late motto's in the serjeants rings . tacitus , in his annals , gives this excellent commendation of two of the best of the roman emperors , nerva and trajan : res olim insociabiles miscuerunt , imperium & libertatem . and that author well observes it as the true case and condition of a people , and a necessary consequence ; amissa virtute pariter ac libertate . this discourse of mine may seem to some to be a digression ; but a man can never have a juster occasion for it than now , and upon this argument and suit : i make that my apology , which i learn from king james , ( his majesties royal grandfather ) in his discourse of the powder-treason : which proves it the more seasonable . there is a time ( saith king james ) when no man ought to keep silence . it hath ( says he ) been ever held as a general rule in all well-govern'd common-wealths , whether christian , or ethnicks , that when either their religion , or their king , or their countrey was in any extream hazard , no good countrey-man ought then to with-hold either his tongue or his hand according to his calling or faculty , from aiding to repel the injury , repress the violence , and avenge the guilt upon the authors . to support the power and priviledge of the house of commons , as being an essential part of the parliament ; it is absolutely necessary to make it out against these innovators , that the house of commons have ever been a part of the parliament , and that they were long before h. . or otherwise they are but precarious in their power and priviledges , and enjoy them but of grace . every priviledge is by prescription , says the lord dier , fol. . a. med . in trewinnard's case , which i shall have occasion to mention more at large before i have done . and in the same dier , fol. . in the case of withers and iseham , it is held , that a man cannot prescribe to an incident or appendent , nor indeed to any power or authority where the principal thing hath not had a perpetual continuance . therefore where the beginning of a thing is known , there can be nothing belonging to it by prescription . in one of our late kings reigns , the house of commons in an address of theirs , made mention of their priviledges , as their ancient and undoubted right and inheritance : but offence was taken at it , and they were told , it had been better if they had said their priviledges were deriv'd from the grace and permission of the king and his ancestors . now i shall clearly prove that these powers and priviledges were indeed their ancient right and inheritance . which they cannot be unless that house , or the commons by their representative , have been ever from the beginning of the governm ent a part and member of the parliament . i shall prove it out of several authentick authors of the law , historians and antiquaries , and by a multitude of records , and by divers acts of parliament , which are all the sorts of proof that can be in a question of this nature . the mirrour of the justices , of which book sir e. c. says , that most of it was written before the conquest ( as appears by the book it self ) tho. horn , a learned man , added much to it in the reign of e. . in this mirrour of the justices , c. . sect . . it is said that king alfred ordain'd for a perpetual usage , that twice in the year or oftner , if need be , the parliament should assemble . and to let you see of whom that parliament did consist , he tells us in the same chapter by whom the laws were then made . it is ( says he ) among other things , ordain'd , that no king should change his money , nor impair it , nor inhanse it , nor make any money but of silver , without the assent of the lords and all the commons . sir e. c. in his preface to the th . rep. tells us , that tenants in ancient demesn , because by their tenure they were bound to plow and husband the kings demesnes , before the conquest : and in the conquerors time , had divers previledges , which they claimed by prescription ; and among others , not to contribute to the wages of the knights of the shire . now the priviledge must be as ancient as their tenure and service , for their priviledge comes by reason of their service , and their service is known by all to be before the conquest , in the time of edward the confessor , and in the time of the conquerour . and it is expresly said by this learned and reverend judge , that these tenants , in ancient demesn , claimed this by prescription ; and it could not be so , if the wages of the knights of the shire had begun within memory of man , or of any record . therefore it clearly follows , that knights of the shire to serve in parliament , and the paying wages to them for their service , has been time out of mind , and did not begin h. . for that is within time of memory in a legal sence . the same argument is used by a learned lawyer and antiquary mr. lambard , in his archion , or commentary upon the courts of justice , fol. , and , and . where the maintains that the parliament was used in the saxons time , and then consisted of the king , lords and commons , as in the time of king ina. anno . he does affirm , that burgesses were chosen to the parliament before the conquest , fol. , , . littleton's tenures , sect . . says , that the ancient towns call'd burroughts , be the most ancient towns that are in engl. for the towns that now are cities or counties , in old time were burroughs , and call'd burroughs , for that of such old towns came the burgesses to the parliament . sir e. c. in his comment upon this text of littl. inst. . says , it is called parliamentum , because every member of that court should parler la ment. many pretenders to learning , take upon them to censure sir e. c. for this and some other like etymologies , as being ridiculous . let me do right to that learned in the law , and ( which is more ) honest and worthy chief justice , who lives in his useful works , and in ( that great blessing from god ) a numerous and flourishing posterity . it is true , mentum is an ordinary termination of divers words of the neuter gender , and so it is ( if we will be strict ) in the word parliamentum . but give me leave to say , if it be ridiculous , he is not the first nor the greatest that hath been guilty in this kind ; nor is it any proof of illiterateness , nor to be charg'd only upon the profession of the common law , as if it were an absurdity peculiar to us . for the antiquity of the like etymology , it is of above a thousand years standing ; and for the authority of it , it is to be met with in the imperial laws of justinian the roman emperor , and the last of the roman emperors . even in the very text of the civil law , it makes the etymology of testamentum ; ex eo appellatur ( says the text ) quod testatio mentis est . allusione quadam etymologica ostendit rei & vocis convenientiam , ( says vinius ) in his comment . fol. . nomen ab officio convenienter habet . and vinius says further , estque hujusmodi allusiva derivandi ratio , omnibus auctoribus admodum familiaris . in jocis venustas delectat ; qualis est illa ciceronis , fides , quia fiat quod dictum est . and sir e. c. ( it may be ) was prompted to this etymon from that ancient author , the mirrour of just. who , in the place i before cited , c. . sect . . though he did not expresly mention the word ( parliament ) yet speaking of it under another name , he tells us what their property is , viz. a parler la ment. thus much by way of digression , for the vindication of that honour of our profession , sir e. c. to whom not only his own , but all posterity are highly oblig'd , especially our profession . the register of writs , fol. . quod homines de antiquo dominico non contribuant expensis militum ad parliamentum venientium . this is the title of the writ . the writ it self runs thus , viz. monstraverunt nobis ( says the king ) homines & tenentes de manerio de s. quod enim de antiquo dominico coronae angliae , ut dicitur , quod licet ipsi & eorum antecessores tenentes de eodem manerio a tempore quo non extat memoria , semper hactenus quieti esse consueverunt de expensis militum ad parliamenta nostra , vel progenitorum nostrorum regum angliae , pro communitate dicti comitatus , venientium , &c. m. . h. . fitzh . avowry , placito , . ( which is said to be the first case in our year-books , concerning wages to knights of the shire ) in a replevin the defendant avows as under-sheriff , by vertue of a fieri facias , to levy the wages of the knights of the shire ; and he took his distress in a town call'd wotton . tremain , for the plaintiff , pleads in bar to the avowry , that w. temps d'ont , &c. never paid to the wages of the knights of the shire ; and so issue is joyn'd upon that prescription . m. . h. . fol , . in the year-book , by fineux ch. j. the parliament ( says he ) consists of the king , the lords and the commons , and they are by the com. law one body corporate . now , that , they cannot be at the common law , but by prescription , i shall now proceed to prove it by several records of parliament , that the commons have ever been a part of the parliament , as constituted at this day , of knights , citizens and burgesses . ex rotulo parliamenti , anno . e. . membr . . num . . mr. pryn's th . part of a register of parliamentary writs , fol. . in sir rob. cott. abr. it is too short ; but at large in mr. pryn , as before cited . there is a petition of the commons to the king in french. item , for that of common right ( which is the same with the common law , in the language of the acts of parliament ) of the realm . of every county of england there were and are chosen two persons to be at the parliament , for the commons of the counties , besides the prelates , dukes , earls and barons , and such as hold by barony ; and besides cities and burroughs , who ought to chuse of themselves such as are to answer for them . and such as are chosen for the counties ought to have their accustomed wages , and to have writs to the sheriffs to levy them . they pray that it be ordain'd this present parliament , that the wages be levied of all the commons of the counties , as well within franchises as without ( excepting within cities and boroughs , and excepting of those that are summon'd by writ ( meaning the barons ) and their tenants . resp. soit fait come devant ad este use en cest case . this was in the time of k. e. . who was but the fourth king in succession from that k. h. . in whose reign our new authors would have our knights , citizens and burgesses to have their original . and the kings answer to the petition of the commons , admits the matter of the petition to be true , and refers to usage in former times . in the same fourth part of mr. pryn's register , fol. . h. . rot. parl. num . , & . on the behalf of rich. chedder esq menial servant to tho. brook , knight for somersetshire . the commons petition'd , that whereas , after the custom of the realm , all the lords , knights , citizens and burgesses , with their servants coming to parliament , by the kings writ , in coming , going and returning , are under your royal protection , &c. and this petition was answer'd by the act in print . we may note from hence , that their priviledge , and therefore much more their being a part of the high court of parliament , it was by custom of the realm . i would note further ( since i shall have occasion to use it for another very material point ) that this custom ( though the then present occasion for the mention of it , was from the servant of a member of the commons house ; yet it is ( alledg'd as one entire custom for the whole parliament , viz. all the lords knights , citizens and burgesses . they are all but one body , one court ; and their rights and priviledges are entire , and not some for the lords , and other for the commons ; but it is a joint priviledge . from hence it follows , you cannot invade the privilege of the one house , but you invade both . elsing , in his treatise of parliaments , fol. . 't is also in sir rob. cott. abr. fol. . but not so full . in the time of the same king , h. . num . . the commons pray , that whereas according to the custom of the realm , the lords , knights , citizens and burgesses , coming to parliament , ought not for any debate , &c. to be arrested . it is said to be the custom of the whole realm ( that is , the same with the common law ) and it is made to be one entire custom , both for the lords and commons ; and this is for freedom of debates , and not the same with the last that i cited , though in the same year . h. . rot. parl. num . . on the behalf of w r clerk burg of chippenham in wiltsh . and e. . rot. parl. num . . on the behalf of i. at will. cit. for exeter . in both these cases ( though upon occasion of two particular members ) yet the whole house of commons petition'd . and the petition on the behalf of wr. clerk , runs thus ; that , whereof time that mans mind is not to the contrary , it hath been used , &c. and then sets forth their priviledge . the petition of the commons on the behalf of i. at will. is in these words , viz. the freedom of which commons hath ever afore this time been , and oweth to be , that the knights of the shire , citizens of the cities , and barons of the cinque-ports , call'd to any of the parliaments of your noble progenitors ( among other liberties and franchises ) have had and used priviledge , that any of them should not be attached by their persons or goods in their coming to any such parliament , their abiding , nor returning to their proper homes , &c. their freedom had ever been ; then it did not begin first , nor had they themselves their beginning in h. . and oweth to be : then it was not of meer grace , and by permission , but of right it ought so to be . and two acts of parliament pass'd upon those two petitions , which confirm the truth of those suggestions . and another thing i would observe , which does naturally and easily flow from these records , and is very useful to us , viz. that the commons petitioning to have these freedoms allow'd them , does nothing derogate from their right to those liberties and franchises , nor is no argument to prove them to be meer emanations of royal favour ; for the humble way of address , by the commons to the king to have their rights maintained , is made use of by our novellists , to prove they were granted from time to time , meerly by the kings grace . i am far from condemning this humble way of subjects addressing to their sovereign : it becomes the duty of subjects , and is due to the majesty of a king , to have all decent reverence shewn : but i would not have ill use made of their humility , to deprive them of their rights . it was ( as i take it ) the observation of caesar , in his commentary , of the temper of the old britains , jam domiti ut pareant , non ut serviant . in that famous case of thomas thorp , the speaker of the commons , hen. . num . . there are the very words of the petition , at large set forth , in the fourth reg. of mr. pryn , fol. . thorp , was taken in execution , at the suit of the d. of y. the whole house of commons petitioned to have their speaker restored to them : and their petition is in these words . by common custom , time out of memory of man , and ever afore these times used , in every of the parliaments of the kings noble progenitors , &c. and so it proceeds to declare the priviledge of the commons . i would observe also , out of these three last records of parliament ; that when any breach of priviledge befell but a single member of that house , as that of walter clerk , and i. at will. the whole house thought it self concerned , and the whole house petitioned ; especially in this last case of thomas thorp , their speaker , to whom the d. of y. was no friend . this will be useful to my second point . hitherto i have presented you with records of parliament , as being the most proper proof of the rights of parliament , much beyond the reports of our historians , from whom our innovators fetch most of their arguments . i shall now offer you some records out of an inferior court , one of the four courts of westminster-hall , that is , out of the exchequer : but they are judicial records , adjudged by the whole court , by advice , with all the judges of both benches , to confirm the same point . m. . e. . and h. . e. . in the office of the pleas in the exchequer , mentioned by mr. pryn , in his fourth part of his register of parliament writs , fol. . in a plea of debt by donne against walsh . walsh was menial servant to henry earl of essex , and he sued out his writ of priviledg , and the writ under the great seal , was of this tenure : viz. cum secundum consuetudinem in regno hactenus obtentam & approbatam , domini magnates milites comitatuum ac cives & burgenses civitatum & burgorum , ad parliamenta nostra venientes , at eorum familiares ratione alicujus transgressionis ( and so proceeds to enumerate other sorts of actions ) dum sic in parliamentis nostris morentur , arrestari aut implacitari minime debeant , &c. and then the writ mentions that action of debt , brought against walsh , menial servant to the earl of essex , in that present parliament , vobis mandamus ( sayes the king by that writ of priviledge to the barons of the exchequer , ) quod si ita est . those words do not refer to the custom set forth , nor to the law upon it , but to the allegation in the writ of matter of fact ; viz. that walsh the defendant was menial servant to the earl of essex . and then the defendant does by way of plea , grounded upon that writ , apply the writ to himself ; and averrs , that he is the same person mentioned in the writ ; and averrs , that he was the menial servant to the e. of essex , and then demands allowance of his priviledge . the plaintiff in that suit traverses the custom and priviledge alledged in the writ ( as to the being impleaded ) but admits it as to the freedom from arrest . this traverse is in the nature of a demurrer ; for it is quaestio juris , ad quam respondent judices non juratores . et super hot viso & praelecto brevi praedicto , per barones , &c. habitoque avisamento justiciariorum domini regis , de utroque banco in hac parte . quia videtur praefatis baronibus de avisamento justiciariorum praedictorum , quod talis habetur & habebatur consuetudo , quod magnates & milites comitatuum , ac cives & burgenses civitatum & burgorum ad parliamentum de sumonitione regis venientes , ac eorum familiares ratione alicujus transgressionis , &c. dum sic in parliamento morentur , capi aut arrestari non debent . ( but then they adjudge that the priviledge does hold only against arresting their persons , but not against the suing them . ) this strongly proves the point i have in hand , that the house of commons have their priviledges by custom , and therefore the house it self could not have its original within time of memory , as h. . is , in a legal understanding . it is very useful further to observe , that the single and sole occasion of this record was from the priviledge of the peers , from the suing a menial servant of a peer . no man denies but the peers have even been a part of the parliament : nay , our new modellers of the government would have the parliament to consist only of the king and lords . and yet it is said to be a joint custom for the commons , as well as for the lords , by express and particular words . why did they not lay the custom for the priviledge of the lords only , that might have serv'd for that present occasion , which was about the priviledge for a menial servant of the then e. of essex ? but the custom was an entire custom for both houses : this proves them to be coaetaneous , and twins by birth and original . all this is by the judgment of all the twelve judges , in a judicial proceeding : and it takes in the opinion of the chancellor , who issued out that writ . the other record of the same court is entred h. . e. . rot. . inter ryner & cousin , keeper of the wardrobe to the king , in an action of debt too ; and there the defendant claims his priviledge , not as servant to the king , but as servant to thomas st. leger , knight of the shire for surrey . and the writ of priviledge sets forth the same entire custom , both for lords and commons ( tho' the occasion was here from the commons only ) and the court of exchequer gives the like judgment , as in the former case , by advice too , of all the judges of both benches . the next record i shall make use of , shall be that of e. . which is a most invincible proof that the knights , citizens and burgesses have originally , and before h. . constituted the house of commons , and have ever been a part of the parliament . the burgesses of s. albans , in their petition to the king , say , that they sicut caeteri burgenses regni ad parliamentum regis , per duos comburgenses suos venire debeant , prout retro-actis temporibus venire consueverant , tam tempore domini edwardi , nuper regis angliae , patris regis ( which must be e. . ) & progenitorum suorum ( which must be understood of the progenitors in the plural number of e. . for he mentions the then king e. . afterwards ) so that of necessity it must take in king hen. . and his father king john , at the least . and this computation much exceeds the date given to the house of commons by these new authors , viz. h. . and then the petition descends to the mention of the then kings time , viz. e. . tempore domini regis qui nunc est , semper ante instans parliamentum . and the petition complains of the sheriff of hertfordshire , who by the abbots procuring , refused to summon that burrough . the answer by the councel is , scrutentur rotuli , &c. de cancellaria , si temporibus progenitorum regis burgenses praedicti solebant venire , vel non . this answer admits the general usage of burgesses to be chosen for divers burroughs , in the times of the king's progenitors ; for it is absurd to think , that that needed any search of the rolls in chancery , but the search was to be only , whether that particular burrough of s. albans was one of those ancient burroughs that had used that priviledge , and had a right to it , which would appear by the rolls , and returns of writs of summons . the record lays the usage for the burrough to have been semper , ante instans parliamentum ; so that the usage had been from ever . in the rolls of parliament h. . num . , cited by mr. pryn , in his brevia parliamentaria rediviva , fol. . there is a petition of the commons in french , reciting the stat. of . h. . c. . which statute ( as the petition says ) was made for the preserving the franchises and liberties of the election of knights of the shire , used throughout : the whole realm , and by the kings progenitors from parliament to parliament , time out of mind observed . i will now put the court in mind of some acts of parliament , that fully prove this point . the statute of r. . parl. . c. . ( in a time when parliaments were not so much valued ) it is thereby enacted , by assent of the prelates , lords , and commons , that all persons and communalties , which should have a summons to parliament , should come from thence-forth to parliaments in the manner as they were bounden to do , and had been accustomed of old times ; otherwise they should be amerced as of old times had been accustomed . rot. parl. . h. . pars . numb . . this is left out of sir rob. cott. abr. that act declares , that the commons had ever been a member of the parliament , and that no statute or law could be made without their assent . i will not spend time in citing those learned antiquaries , or historians ; as sir henry spelman , bedes eccl. hist. nor famous selden , nor learned cambden , who by general words , used in the saxon times , for the assembling of parliaments , tho' not by that name , prove the commons to be a part of them ; but they do not prove the commons to be so elected , and to consist of knights , citizens , and burgesses , as is clearly proved by the records i have already offer'd . the parliament in the saxon times was styled commune concilium , tam cleri quam populi . and the laws were made per commune concilium , & assensum omnium episcopar ' & principum procerum comitum , & omnium sapientum senior ' & popular ' totius regni & populi conventus . king edward the confessor confirm'd the saxon laws , and made new , says lambert in his book de priscis anglor . legibus c. . fol. . and there ' t is said , all to be done a rege , baronibus & populo . these general words cannot be understood otherwise , than to include the commons . and so totius regni assensu & omnium astipulatione & judicio , says mr. selden , a judgment was given concerning lanfrank , arch-bishop of canterbury . the statute of mag. charta was made and confirm'd h. . which was forty years before this new date of the original of the house of commons , viz. h. . and it appears by several statutes , that mag. charta was made de communi concilio regni says one statute : per commune assent de tut le realm , says another . per le roy , peers , & communes de le terre , says another . it is worth the while to examin the grounds of their opinion , and it will appear how weak they are . these new authors affirm , that the house of commons began to be admitted as a part of the parliament , not till ● h. . their reason is because ( as mr. prin says , in his plea for the lords fol. . and in his preface to sir robert cott. abr. ) the first writ of summons of any knights , citizens and burgesses now extant is no antienter than h. . dorso . and . and from thence he concludes , that it is most apparent , that the commons had no place , nor votes by election in parliament , before the end of the reign of h. . and sir robert filmer is in like manner positive in it in his book call'd the freeholders grand enquest , fol. . and they both cite mr. seld. and camd. and other learned authors , and mr. dugdale in his origines juridiciales , fol. . follows them in it . it is true mr. selden in his titles of honour , fol. ▪ towards the end of that fol. does take notice that the first roll that they find extant is that of h. . for the summoning of the commons by way of election ; but he does not thence conclude , ( as those new authors do ) that this was the first time that the commons came to the parliament by election . but in other places of his learned book , he does strongly intimate his opinion to be that the commons did very anciently and long before h. . make an essential part of the parliament , and were summon'd to it ; but in what form they were summon'd , and when they first began to be distinguished from the barones majores , selden himself seems much unresolved . learned camden does indeed date the original of the commons as a part of the parliament , and as now elected , from h. . fol. . of his britannia in the edit . at lond. an. . but let us take notice upon what authority he does it . he says he has it ex satis antiquo scriptore , but he names not his author . mr. seld. fol. . says , he could never meet with that author , and professes he gives little credit to that relation , but acknowledges there had been a great change in the constitution of the parliament , but supposes it long before h. . viz. in the time of that king's father ( king john ) and that it was done by a law , tho' the law be lost , as many rolls of parliament were , wherein those laws were entered . and the distinction of barones majores & minores he supposes was made by act of parliament , about the time when the great charter of king john was made at runnymead viz. johannis . by which charter , some of the barones majores were severally to be summon'd to parliament by special writs . and all other tenants in capite , or tenants by knights service were to be summon'd by a general summons directed to the sheriff of every county . by this conjecture , it should seem that the court of parliament before consisted but of one house or assembly . and it is generally held , that at the first , from the beginning of the reign of william the first , till that charter of king john , all tenants in capite had a right to sit in parliament . for says mr. seld. fol. . medio folii . tenere de rege in capite , and to be a baron , and to have a right to sit in councils or courts of judgment , are synonymies . that great charter of king john , says seld. was made by the king and his barons , & liberos homines totius regni , and that it seems first made the distinction . but mr. seld. does by no means leave it to k. h. . or his son e. . or to any other king at any time , to send his special writ of summons to such of the barons only , quibus ipse rex dignatus est brevia summonitionis dirigere . as mr. camden's nameless authour taught him , and from mr. camden , mr. pryn , sir robert filmer , and mr. dugdale take it up , and so propagate that error . so that this new fancy is wholly grounded upon the credit of that uncertain writer , whom mr. selden could never meet with , and to whom he gave no credit . the argument upon this subject , begins fol. . in mr. seld. tit. of honour , and is continued to fol. . now the argument taken from the rolls of summons , which are not extant before the time of h. . is of no weight . for by the same argument it might be proved , that there was no parliament from the time of h. . till e. . for there is no roll nor no other testimony left of a summons for any knights , citizens and burgesses , from h. . till e. i. and yet we know there were no lest than fourteen parliaments between those times . and yet we know there were no less than fourteen parliaments between those times . they may as well argue , that there were no acts of parliament , nor no parliament till h. . when magna charta was made , because there are no rolls of them till that time . whereas it is beyond all dispute , that there were parliaments and acts of parliament long before , as will. . when the bishops were brought in to hold by barony , ( as mr. seld. conceives ) and some in h. . and others yet extant in history , yet the rolls of them are lost . this is observ'd by the ld. ch. i. vaughan , in his rep ▪ fol. . in the case of thomas and sorrel . in the next place , these late authors proceed further in their errour , and maintain that the commons had no further power in parliament , than what the king and the lords admitted them unto . and sir robert filmer , fol. . allows neither lords nor commons any power but by the king 's bare permission , and thus they are growing in their invasions against the court of parliament , and impeach one first , and the other will follow more easily . and sir robert filmer further holds , the legislative power rests solely in the king , and fol. . he hath these words , but the truth is ( saith he ) the liberties and priviledges of both houses , have but one and the self-same foundation , which is nothing else but the meer and sole grace of kings . and doctor heylin , in his life of arch-bishop laud , fol. . denies the priviledges of parliament to be the peoples birth-right , but holds them not otherwise exercis'd , than by the grace and goodness of the king. mr. pryn , sir robert filmer , and mr. dugdale , lay great stress upon the diversity that is in the writs of summons , between the summons for the lords , and the summons for the commons . that to the lords ( say they ) is super negottis praedictis tractaturi vestrumque consilium impensuri ▪ but that to the commons , is ( say they only ad faciendum & consentiendum his quae tunc ibidem de communi cousilio dicti regni contigerint ordinari . it is true , that for many years of late , that distinction hath been so used in the summons , but not constantly so . as to this point , i will cite mr. dugdale's , and mr. prin's own books against their own opinion . the very first writ of summons , which as they say is now extant , for the summoning of the commons by election , viz. h. . runs in these words , nobiscum ac cum praedictis praelatis & magnatibus nostris super praemissis tractaturi at que consilium impensuri . dugd. orig. jur. pag . the writ , de expensis militum qui venerunt ad parliamentum venientibus ( saies that writ ) usque ad westmonasterium ibidem de diversis neg●ciis nobiscum tractaturis . see mr. pryn's th . part of a register of parliament writs , fol. . in mr. ryley's placita parliamentaria , it appears , that as the summons to the temporal lords , fol. . was ad tractandum , and so likewise the summons to the prelates , fol. . so also fol. . it is entred in these words , mandatum fuit singulis vicecomitibus per angliam quod de quolibet comitatu duos milites , & de qualibet civitate duos cives , & de quolibet burgo duos burgenses eligi & ad dictum parliamentum venire facerent ad tractandum , &c. in the same book , fol. . an. e. . there is mention of a writ of summons , for knights out of wales , to a parliament at york , ad tractandum & consilium impendendum . in mr. pryn's brevia parliamentaria rediviva , fol. . there is the very indenture return'd by the sheriff of norsolk for great yarmouth , ad tractandum , consulendum & consentiendum . and fol. . of that book , another writ , de expensis militum , reciting the cause for which they had been summon'd to the parliament , viz. ad tractandum , &c. and in the same book , fol. . it appears that e. . the writs to the sheriffs for chusing knights , mention'd what their work was to be , in these words , viz. nobiscum , cum praelatis & proceribus praedictis super diversis & arduis negotiis nos & statum regni nostri specialiter tangentibus tractaturi & suum consilium impensuri . and fol. . and . the like words in the writs . and fol. . and . and . and . indentures return'd from reading , bristol , london , with the same words . and ib. fol. and and for windsor , and . so that in the reigns of seven several kings , and those of the most ancient kings , there was no such distinction in the writs of summons . another argument used by these late authors , to prove that the whole power and all the priviledges of the house of commons , are not from the original constitution of the government , ( as i affirm , and i hope have proved they are ) but of a later original , and by the meer grace and indulgence of princes ( as indeed they must be , if the house of commons began within memory ) is taken from the words and phrases of our historians , who have written since the coming in of the normans , and ascribe the making of laws , and all the determinations and decrees in matters of judicature , and all the actings of the ancient parliaments before the time of the normans , to the king and lords only , exclusive to the commons , and that the commons had no part in them , till this time of h. . and they ground this opinion upon the form of penning of our ancient acts of parliament , which seem by the words of them to be meer concessions of our former kings , and to have proceeded only from their royal bounty , and at their sole will and pleasure . and they confirm themselves in that opinion , from observing the course used in the beginning of parliaments , when the speaker makes his humble petitions to the king for the granting of them freedom from arrests , and freedom of speech . now to discover the falsity of these grounds , and the weakness of these arguments , taken from the words and phrases us'd by our historians , i shall shew that our historians who have written since the time of the coming in of the normans , and have translated the saxon annals , have in those translations , instead of the saxon titles , used the titles that were never in use before their own times , which titles used in the saxons times had quite different significations from the titles used in the times of the translators . the title ( earl ) for example , is used in the penning of the saxons laws ( as among those of athelstan ) as we may see by mr. lambert in his book de priscis anglor . legibus , and the title ( comes ) came in amongst us since , from the empire ; and signified a different thing from ( earl. ) now our translators mistaking those two titles ( earl ) and ( comes ) to signifie the same thing , wherever they met with ( earl ) in the annals of the saxons , they have rendred it ( comes ) in their translations : and whatever in those times was done by earls , and whatever power the earls then used , is by our translators ascribed to our comites , who are therefore also called earls , when in truth they had different significations , and were different in their powers . mr. selden takes notice of this error in our norman or english translators proceeding from their ignorance . but from this error false conclusions have been raised , and false measures taken in our discourses , concerning the power of the peers . sir h. spelman observes the same error in our translators , in rendring words and titles non èmore saeculi antiquioris , but according to the titles used in their own times , when many times they signified different things . nobilis , says mr. selden , in the saxons times denoted every gentleman . now because ( nobilis , ) in our times is generally restrain'd to peers , whom we call the ( nobility , ) our new writers , as mr. pryn , and sir robert filmer , and several others , ascribe all to the earls and barons and other peers of our times , which they read in the translations of the saxon annals , to be acted by those that are called ( nobiles ) in those annals . altho' in truth in those saxon times , they were acted by the middle sort of persons , as well as by those of the highest sort of dignity under the king. those translators misled our new authors . for the norman writers translate the word ( thanes ) into ( barones ) and these new authors of ours , whatever they find in these translations to be related of the ( barones ) they limit it as a peculiar to our present ( barons ) and so ascribe all judicial power antiently used in parliament to the barons only . and they bring those historians and translators for a proof . for example , the saxon title ( thanes ) was in the saxon times applyed to all lords of mannors . but the translators of the saxon annals , translating the title ( thanes ) into ( barones ) our innovators apply all that in saxon writers is said to be done by the ( thanes ) that is , all lords of mannors , as peculiarly belonging to the power of the barons in our times . hence it is that sir e. c. cautions us against taking reports of law from historians : in his preface to the d. rep. he calls it chronicle law. the word ( baro ) was not in use in england till the normans times , and the root of it ( as mr. seld. and camd. and sir h. spelm. teach us ) is from the northern language ( barn ) which signifies the male sex , as when we put cases of baron and feme ; or it signifies ( a freeholder ) hence come the words courts baron . nomine baronagii ( says camd. eliz. edit . lond. an. . fol. . ) omnes quodammodo regni ordines continebantur . it comprehended the gentry as well as the greatest persons . after this manner godwin in his roman antiquities speaking of the roman magistrates , translates the words ( triumviri capitales ) into ( . high sheriffs ) but this affords no argument , that what was done by the triumviri among the romans , may therefore lawfully belong to the power of high sheriffs among us . and so the words proceres , magnates , optimates , nobiles , and such like , were not in the writers of the saxons times restrain'd to men of the highest rank then , such as our earls and barons are now , but to all persons of the better sort , tho' not of the highest rank , not only to patricians , and those of the senatorian order , but to those also that were equestris ordinis . excluding none but the ignota capita , or sine nomine turba , such as the romans styled plebeians . magnates & proceres , are said to make the stat. of mortmain , but we all know that the parliament that made it , consisted then of king , lords , and commons . the great charter made of k. john appears by the body of the charter it self to have been made per regem , barones , & liberos homines totius regni ; so that it is most plain it was not made by the king and the barons only , as mr. seld. observes in his tit. of honour , fol. . and there he refers to the close rolle johannis dorso memb . yet k. h. . speaking of this meeting , calls it baronagium angliae , and rot . claus . h. . pars unica membr . . dorso , it is call'd parliamentum de runni-meade quod fuit inter dominum regem johannem & barones suos angliae . as for the other gross mistake , that the power of making laws rests only in the king , ( as sir robert filmer would have it , ) which he proves from the titles of acts of parliament , and the forms of those acts being by way of charter and grant from our kings in ancient times , as that of magna charta dominvs rex concessit ; and the stat. de donis conditionalibus , dominvs rex statuit , sure he was no lawyer that used this argument , and he never read the prince's case . nor sir e. c. . inst. nor shall i need to labour in the consutation of this errour , the fallacy of it being so well known to every man that wears a gown . as for that stat of mag. char. whereby the king only seems to speak , and all that is ordain'd by that stat. runs in the language of the king's concessions only ; yet we know the stat. of e. . c. . which confirms it , says of it , that it was ordain'd by the king , lords , and commons . the stat. of e. . c. . and c. . hath these words , viz. the king hath granted unto his people that they shall have election of their sheriffs every year , if they list . one would take this to be a most gracious liberty , and an high condescension if it should be granted now adays . and our innovators would be apt to conclude from the words of this act and from the penning of it , that the people once had this mighty priviledge meerly as a boon from the king , and by virtue of his grant. whereas there is nothing more certain and clear than that the freeholders ( who are often call'd the people , and are the true proprietors of the nation and land ) had originally and from the very first constitution of the nation , the election not only of all sheriffs , but of all other magistrates civil or military that had any authority over them under the king ; so that they had a mighty freedom in the very constitution of the nation , and this overthrows all the wild fancies of sir robert filmer , and dr. heylin , and some later doctors , as if all were deriv'd from meer grace and bounty , and many other deductions might be made from the knowledge of this . the freeholders had originally the election of the conservators of the peace , who are become out of date by introducing our present justices of peace , who have their power not by the elect. of the freeholders , or are they of their nomination ( as anciently ) but nominated by the king , and have their power by special commission under the great seal ; and how , and by what means , and in what tempered times this came about , and that this freedom was gain'd from the freeholders of england , you may read in mr. lambard , in his eirenarcha , fol. . . . . it was done by act of parliament , in the beginning of k. e. d , and in his infancy , when his mother q. isabel ruled all . the freeholders originally and from all antiquity did likewise by writ at the county-court styled in pleno folkmote chuse the heretochii ; what were those ? that sounds like a strange word . i will imitate our norman or english translators in the translation of the saxon annals , and render it into the english style : you may by that rule call them lords lieutenants , or deputy lieutenants ; for the saxon laws tell you their duty or office , they were the ductores exercitus . see lamb. de priscis anglor . legibus , in his ch . de heterochiis , fol. all these great officers were chosen by the freeholders , as our knights of the shire are , and as coroners and verderers ( formerly men of great power ) are chosen by writ at the county-court to this day . these were mighty powers and freedoms , and enjoyed by the people as anciently as any of our records reach , and are more authentique proofs than the writings of historians , and best shew the native freedom that the people had by the ancient constitution of our government , contrary to all the new doctrines of our late writers , and prove that the priviledges and freedoms we yet enjoy are not meer emanations of royal favour , as our novellists would impose upon us . see sir e. c. to this purpose . . inst. . & . i could name some great men that have lately used the same language in books publish'd sub magni nominis umbra . bracton who liv'd in the time of k. h. . l. . c. . fol. . affirms legis vigorem habet quicquid de consilio & consensu magnatum & reipub. communi sponsione ( authoritate regis praecedente ) juste fuerit definitum & approbatum . in the last place , that humble and modest way of the people's addressing to their sovereign either for the making of laws ( which has been very ancient ) or for granting of priviledges ( as the speaker of the commons hath of late years done ) it shews indeed great reverence , and i do not in the least dislike it ; and it becomes the majesty of the prince to be so address'd to ; but let it not be made an argument that either the laws thereupon made , or the priviledges so allow'd , are precarious , and meerly of favour , and may be refus'd them . i would be loth to pay wages and to maintain at my charges every one that styles himself my humble servant . in that act of parliament intituled , the petition of right , the title corrects and qualifies it self , car. . the lords and commons petition'd the king , but it was for their rights and priviledges ; not for any new , but for their ancient rights and priviledges , and yet they style it a petition . in the title of this act ( the petition of right ) those res olim , insociabiles , sc. imperium & libertas are bene mixtae : and from hence is a mixt monarchy . in the stat. of provisors , e. . the commons prayed ; they are fond of the word , and i commend it in them ; but the word was used by the figure catachresis , as the scholars call it ; not properly , as appears by the subject matter of that act that follows ; what was it , i pray , that they so prayed ? they prayed ( says that act ) that upon the mischiefs that happen to the realm , the king ought , and is bound by his oath , with the accord of his people in his parliament , thereof to make remedy and law. the peers are here included in the people ; so that the word prayed had it been used to any other than the king , had signified remonstrated , declared , or represented . this proves too where the transcendent power of the legislature is , and that the exercise of it , tho' it be free and not subject to coercion , yet it is not at will and pleasure in the exercise of it , but guided by rules . and tho' the speaker does ( upon his being approv'd of by the king ) make it his humble petition to have liberty of speech allow'd the commons ; from whence dr. heylin . and sir rob. filmer , and others , infer that the commons enjoy that liberty meerly by the king's grace and favour ; yet they are clearly answear'd by the words that accompany that humble petition , he prays they may be allow'd that freedom , as of right and custome they have vsed , and all their antient and just priviledges and liberties . so that this from the speaker is also a petition of right . nor is this request of the speakers antient in the use of it , if we may believe mr. hakewel , in his treatise of the manner of enacting statutes in parliament , fol. . thomas moyle speaker , h. . the first that is recorded to have made petition for freedom of speech . i hope i have sufficiently made it out , that the house of commons as a member of the high court of parliament , are not of so late an original , as h. . but have been as antient as the nation it self , and may in the sence of julius caesar in his comment . be accounted among the ab-origines , and that they have had a perpetual being , to speak in the language of the law , temps dont , &c. à tempore cujus contrarii memoria hominum non existit , and that they are therefore capable by law ( together with the rest of the three estates in parliament ) to prescribe and claim a share in all parliamentary powers and priviledges ; i do not mean separately , but in conjunction with those other estates , which they could not otherwise legally have done , if their originall and commencement could have been shown . i shall in the next place endeavour to make it evident , that the three estates of parliament are one entire body and corporation ; and that all their powers and priviledges in the right of them , and in the title to them , are intire , per my & per tout , and belonging to the whole body of the parliament , tho' in the exercise of those powers , and sometimes in the claim of them they are distinguish'd , and in the practice of their powers , they are in many things distributed into parts . for their powers are one thing , and their priviledges are another ; the latter are but an incident or attendant upon the former . it is very material in our present case to have this matter consider'd , i mean the intireness of this high court ; for divide & impera : the faggot is easily broken when first the band is broken . if this be well consider'd , the consequence of this case will be better understood . it concerns the defendant only by name and more immediately , but in the right and near consequence , it is now most evident , that it nearly concerns the house of lords : this information of mr. attornies , like a terrae-motus , or as that great blast would have done ( had not almighty god , in his infinite goodness to this nation , prevented it ) shakes the foundation of both houses , and reaches to all future parliaments ; it frights me to speak what may be the effects of it , if it should prevail and be stretch'd to the utmost . i am far from saying or thinking it is so intended . but who knows how far a single precedent will be made use of in times to come ? all the estates , in parliament , are all called by one common name , as commune concillum regni , magna curia , they are one body politick , m. h. . fol. . in the year-book ( which i cited before to another purpose ) it is said by fineux ch. i. that the parliament at the common-law , consists of the king , lords , and commons , and they are ( saies he ) but one body corporate . this proves likewise ( what i before argued ) that the commons at the common-law ( which is ab initio ) were a part of the parliament . in the case of ferrers out of crompt . jurisd . of courts , fol. , , . ( for i keep within my proper element , and move in my sphere , and cite authors of our own science of the common-law ) k. h. the th . call'd before him the lord chancellor , the judges , the speaker of the house of commons , and others , and thus express'd himself before them , viz. that he was inform'd by his judges , that he the king as head , and the two houses as members , were knit together in one body politick , so as whatsoever offence or injury ( during time of parliament ) is offer'd to the meanest member of the house , is to be judged as done to the king's person and the whole court of parliament . and sir edward mountague the ld. ch. i. then present , confirm'd all that the king had said , and it was assented to by all the rest of the judges . now if you bruise or pierce the hands ; ( and the house of commons may well be compar'd to the hands , for they have been the liberal hands , and the hands feed the head ) the head and all the rest of the body must quickly be sensible . in trewinnard's case , dier . . and . the priviledge of the commons upon this very account , is term'd the priviledge of the parliament , and the judgment given in that case by the house of commons , is there said to be the judgment of the most high court of parliament . the statute of . c. . saies the parliament is the whole body of the realm . by the two records that i cited before out of the office of pleas in the exchequer , e. . it appears in two several cases of priviledge , the one concerning the lords , and the other concerning the commons , in both cases the priviledge was laid and claim'd as one entire priviledge , and so allow'd by the judgment of that court , by advice of all the judges of both benches . the speaker of the house of commons , by the rolls of parliament , ( which are the most proper proofs in a thing of this nature ) is term'd the speaker of the parliament , so it is in the roll of r. . in sir cotton's abr. fol. it was in the reign of a king that was no favourer of parliaments . sir john bussey , speaker to the parliament , sir robert cotton's abr. . r. . num . and . e. . num . . sir robert cotton's abr. fol. . sir thomas hungerford speaker of the parliament . and so is the speaker of the commons styled in the case of ferrers in crompton's jurisd . of courts , fol. , , . ( before cited . ) in the statute of h. . c. . the clerk of the house of commons , is called clerk of the parliament . in the case of godsol and sir christ , heydon , . in b. r. in sergeant roll's rep. fol. it was affirm'd by sir e. c. that in antient time all the parliament sate together , and the separation was at the desire of the commons , notwithstanding ( saies he ) they are but one house : and he further affirms , that he had seen a record , h. . of their degrees and seats . having made it appear that the parliament is one intire body , and therefore mutually concern'd in powers and priviledges as to the right and title of them , tho' dividod sometiems in the exercise . i shall proceed briefly to show what those powers are , in order to the proving that what in our case is charg'd to be done by the speaker , by order and command of the parliament , ( for so i may now affirm ) is pursuant to their power and jurisdiction . the parliament hath three powers . . a legislative , in respect of which they are call'd the three estates of the realm . . a judicial , in respect of this 't is call'd magna curia , or the high court of parliament . . a counselling power , hence it is call'd commune concilium regni . for the proof of these , i shall cite some few antiquaries , but chiefly some authors of our profession of the law , and those of the best authority with us . i shall mention them without observing any exact method , because divers of them extend to more than one of these distinct powers , and some of them refer at once to all of them . sir henry spelman in his glossary tit. ( gemotum ) which was the old saxon word for a parliament , fol. . convenere ( saies he ) regni principes tam episcopi quam magistratus ( there are those that now make up the house of lords ) liberique homines ( there are the commons ) what is their proper work and power ? consulitur de communi salute , de pace & bello . this proves them the commune concilium regni . learned camden . quod saxones olim wittena gemot nos parliamentum recte dicicimus , as to their power , summam & sacro-sanctam authoritatem habet in legibus ferendis , interpretandis , & in omnibus quae ad reipubl . salutem spectant . this shews their legislature . the mirror of justices , ( this is an authority in law ) c. . fol. . saies , parliaments were institued pur oyer & terminer ; this is is the supream court of oyer and yerminer . the court of king's bench is said to be above all courts of eire or itinerant ; and if the king's bench be adjourn'd into any county , where the eire is sitting , the eire ceases , in praesentia majoris , &c. but this court is above the king's bench and all courts of oyer and terminer . the king's bench is the highest eire , but this is ( according to solomon's hyperbole ) higher than the highest . but what is the proper subject of their oyer and terminer ? our antient author ( who wrote some part of his book before the conquest ) tells us their work is to hear and determine les plaintes de tort le roy , de la reign , & de leur enfans , ( the king's children , so that they make an impartial enquiry , but saies our author further , de eux specialment de queux torts lun ne poit aver autrement common droit , this flies very high to prove their judicial power . i forbear to english it . it is the proper work of this supream court , to deal with such delinquents , as are too high for this court of the king's bench or other ordinary courts . against whom , through their potency or mighty interest , common right cannot be had , it must be understood in ordinary courts . and the writing and printing of this , was never taken to be a scandal to the government or to the justice of the nation . for the author speaks in the person of the king himself , and tells us , that the high court of parliament is arm'd with a power , able to cope with and quell the most insolent offenders . when the great judge of all the earth comes to make inquisition for blood , and to execute judgment by the hands of this high court. the lofty looks of man shall be humbled , and the haughtiness of men shall be bowed down and made low . to discourse of this judgment , will make a foelix tremble . we have often heard it confidently said from the pulpit . that our laws are like the spiders webs , which catch the little flies , but the great ones break through them . now it is quite contrary with this great court , this great court encounters only with great offenders . it is like the imperial eagle , aquila non capit muscas , it leaves them to this and other inferiour courts , but that takes to task the animalia majora . in the great case , rot. parl. e. . num . . king john had resign'd up the crown of england to the pope , by the hand of pandolphus his legate , and sordidly submitted to take the crown at his hand again , at a yearly tribute . in the region of our noble king edward the d. the pope demanded his rent and all the arrears . the prelates , dukes , counts , barons , and commons , resolv'd that neither the king nor any other , could put the realm nor the people thereof into subjection , sans l'assent de eux . this intimates , that with their joint consent the crown may be dispos'd of . this was the highest resolution in law , in one of the highest points in law , concerning the king's claim of an absolute power , and in a time when the pope was in his height . and the commons join in the resolution , both against the pope's and king john's pretence to a despotick power . sir tho. smith who was a secretary of state , in his commonw . l. . c. . fol. , . in comitiis parliamentariis posita est omnis absolutae potestatis vis ( taking in the king as the head of them , as it ought to be understood this shows where the rightful absolute power under almighty god is . and among other magnalia he tells us , incerti juris controversias dirimunt . this shews their transcendent judicial power ; they determine the greatest disputes and doubts in law. they would quickly decide this dispute and controversie , ( were it once before them ) without argument . this appears to be the proper business of a parliament , even from the writ of summons both to lords and commons , ( for they did not anciently differ in any thing material ( as i have abundantly shown already ) they are de arduis regni tractitare , & concilium impendere , here is their councelling power . according to that equitable rule , quod omnes tangit , ab omnibns tractari debet . their legislative power is most clearly set out by bracton ( a judge in the time of k. h. d. in whose latter times our innovators would have the house of commons to begin ) i cited him before ; legis vigorem habet ( says he ) quicquid de consilio & de consensu magnatum & reipubl . communi sponsione ( anthoritate regis praecedente , ) juste fuerit definitum & approbatum h. . num. . the record there uses too gross a word . the commons ( says the roll ) require the king , it should have been , made it their request to the king ( and the lords accorded ) that four special persons should be remov'd out of the kings house . this in some ages , as in the reign of k. r. the d . would have been thought a very high presumption , and a sawcy thing ( to speak in the language of the pulpit , and press too from a late cambr. dr. and a chaplain in ordinary , ( if the title of the print may be credited ) but said to be printed by the — of that university . a sawcy thing with their prophane and unhallowed hands to presume to meddle in a thing so sacred . ( thus says the late printed sermon ) but it was a sacred or consecrated thing indeed in this roll of parliament mention'd . one of the required to be remov'd out of the king's house , ( where he was a domestick ) was no less than the king's confessor . and it was not in the reign of a r. the d . or h. the th . but of k. h. th . one of our wisest and most active valiant kings . but it may be thought that these four persons were in some desperate popish plot of killing the king , as the four we have heard of , were . no , the king himself will resolve that doubt . that noble king said in answer to it , he knew no cause wherefore they should be remov'd , but only for that , they were hated of the people . and yet that great king charged those four to depart from his house . this proves their councelling power . i might enumerate a vast multitude of animalia majora , no small flies , that have in several ages been catched in the net or webb of an inquiry made by the house of commons , who fish only for such greater fish , such as we call the pike , who by oppression live upon the smaller fish , and devour them . the commons to that end fish with a net , that has a wide and large meshe , such as le ts go the small frye , and compasses none but those of the largest size . such as the lord latimer in the time of e. . an. . such as michael de la pool e. of suff. and lord chancellour ; in . r. . tho. arundel archbishop of canterbury . r. . and such like . william de la pool d. of suff. h. . who were all impeach'd by the house of commons in several parliaments . and i my self have seen a lord chief justice of this court , while he was lord chief justice , and a learned man , by leave from the house of commons , pleading before that house for himself , and excusing what he had done in a tryal that came before them in the west , whereof complaint was made to the house . and he did it with that great humility and reverence , and those of his own profession and others , were so far his advocates , as that the house desisted from any further prosecution . in the the late act of o. of his now majesty for safety of his royal person , there is a proviso for the saving of the just antient freedom , and the priviledge of either of the houses of parliament , or any of their members , of debating any matters or business , which shall be debated or propounded in either of the said houses ; or at any conferences or committees of both , or either of the said houses ; or touching the repeal or alteration of any old , or the preparing any new laws ; or the redressing of any publick grievances . i observ'd but now out of trewinn . case in the ld. dier . that the judgment of the house of commons in a case of the priviledge of that house , in that report , is called a judgment of the most high court of parliament ; which proves they are not without a judicial power . h. . sir rob. cott. abr. fol. . the great case between the e. of warwick and the earl marshal for precedency , fol. . was determin'd by the king. by advice and consent of the lords and commons ; and yet one would have thought that a case of precedency between two peers , should have been a peculiar of the lords . in the case of h. . in the year books , fol. . about reversing of attainders , it is advis'd by all the judges , that those knights and others of the house of commons , should not sit in the house , till the act for reversal of their attainders were pass'd . and the reason is , that it is not convenient , that such as were attaint should be judges ; ( and it might have been added in their own case ) so that attainting by bill , or reversing attainders , tho' by bill , is most properly a judicial act , and the members of the house of commons are acknowledged to be judges in that case by all the judges , and by that statute of h. . c. . which i mention'd before to another purpose , the iournal of the house of commons is call'd a record . i have formerly observ'd , but to another purpose too , that the writs of summons anciently for electing knights , citizens and burgesses to parliament , did direct them in their duty , that they were to meet ad consulendum & consilium impendere , tho' of late years this has been omitted , and now advantage is taken of it . let us in the next place examin whether the matters acted in this case by the house of commons be warranted by these powers , of the parliament , and have been done in pursuance of those powers . and upon examination , we shall find they have done nothing but what they had a full power to do , and what is agreeable to the law and usage of parliament . it is set forth in the plea , ( and admitted by the demurrer , but we all know it to be true ) that there was an horrid devillish , &c , popish plot. the enquiry after which , and the searching of it to the bottom . and discovering all the accomplices , was negotium arduum , and it did , regem & statum regni specialiter tangere , according to the writ of summons to parliament . for the plea tells us the design of it , viz. to kill the king. ly . to subvert the government and the laws , to suppress the true religion , and to destroy the professors of it . the plea shows , that one great lord was convicted of it by impeachment of the commons , and attainted before the lords . the kings speech shows there was need of further enquiry , and that it was not as yet thoroughly done , nor himself , nor the two houses safe ; and the king charges both houses to make an impartial enquiry . the word impartial imports , there might be some great persons concern'd , that might be apt to be favour'd . and the plea shows that both houses accordingly made a strict and impartial enquiry after the conspiracy . all this appears plainly to be the proper work of a parliament , and his majesty himself was of that judgment , and charged them to do their duty in it . and the enquiry is the most proper business of the house of commons . for this reason they are commonly styl'd the grand inquest of the nation . tho' sir rob. filmer's bold writing terms them so by way of diminution and contempt , ( as if enquiry were their highest work ) . this inquiry of theirs is necessary in a subserviency to all the several high powers of that high court. namely , in order to their legislature , or to the exercise of their power of judicature . courts that have power of oyer and terminer , and to punish great and enormous crimes , are still by their commissioners arm'd with a power of empannelling grand inquests , to make enquiries in order to their exercise of their power of determining . or it may be in order to their counselling power , for removal of great officers or favourites , whereof i have given an instance , and the parliament rolls and journals are full of them . but still they first make enquiry . they enquire among themselves , and every grand jury man by his oath , is to impart his knowledge in any thing material to his fellows . but the most effectual enquiry is most probably from without doors ; and without such enquiry , things of great importance may lye conceal'd . and the defendants plea shows some good effect of that enquiry . diverse were convicted : and one tho. dangerf . deliver'd in an information , and that upon oath , and first to the lords house , so that it did not begin with the commons ; but if it were so infamous and malicious , why did not the lords reject it , and commit the informer and punish him ? no , they receiv'd it , and entred it of record in their journal . the reason was , it was done in a course of legal proceeding , they could not reject it , being the proper court of justice for a thing of this nature . and the king had given it them in charge to enquire . nor do they by receiving of it give it any countenance or credit . then why should it be so heinous a thing in the house of commons , more than in the lords ? let us remember still they are but one body ; and though they sever themselves for their better dispatch of their great affairs , and distribute the work amongst them , yet the power by which they act , is entire . but why should any man divide and sever those that are entire ? it concerns the lords equally with the commons . but how comes it to concern the speaker of the commons so highly above the house it self , who acts meerly as a minister , and by command of the house ; but that , i reserve for a point distinct . but perhaps it may be allow'd , that what is done by either house , in receiving dangerfield's information and entring of it in their journals is parliamentary enough . but the offence and scandal arises first upon the publishing of it in print . now a word or two to that . let us consider how publick this information of dangerfield's was before the printing of it . it was made very publick by being deliver'd at the bar of the lords , the high court of parliament ; and indeed all courts of justice ought to be open and of easie resort . the information of dangerfield is first made a record of that court , and to a court of record any person may resort , as sir e. c. tells us in his preface to the d. rep. and that it was the ancient law of england , and is so declar'd by a general act of parliament , e. . c. which tho' a general law is not in the printed book of statutes , as i observ'd of another general and useful act of parliament before ( however it comes to pass ) in that act of e. . the commons prayed that a record of whatsoever is done in the king's court , ought in reason to remain there for perpetual evidence for all persons . and they complain that of late the court had refus'd to suffer the people to search and to have exemplifications for evidence against the king or to his disadvantage . therefore they pray that search and exemplification be made to any persons of any record whatsoever , though it concern the king or any other , and make against the king or any other . and the answer is , le roy le voet . but then it was made more publick , by being deliver'd in at the bar of the house of commons , which ought to consist of about members , who are suppos'd to come from all parts of the kingdom : so that this was made very publick , before this publishing of it in print . let me observe by the way , that this author of the information ( tho. dangerfield ) was not sent for by the house of commons , but for any thing that appears , applies himself to the house of commons , as he had before done to the lords , of his own accord , so that this is far from malice or ill design . the commons order it to be entred in their journal , among other informations that had been given them . and besides , they order this and several others to be printed . the offence and scandal is suppos'd by mr. att. information to begin here : what need was there of printing it ? i wish we could hear the house of commons answering for themselves to this point : they could ( it may be ) give a better account of it , and a sufficient reason for the printing of it . but let it be observ'd , they barely cause it to be printed . they do not give any attestation or credit to it , but leave all that hear or read it , to judge or believe as they think fit . they do not make it their own , by printing it without mention of the true author , they style it the information of tho. dangerfield , as indeed it was ; they do not adopt it their own , as they had done , had they left out the name of the author . nay the author himself had deliver'd it in a course of justice and in the highest court of justice , i. e. before the lords in parliament . if it were a libell and slander , why did the lords receive it , and cause it to be entred of record as they did ? why did they not rather reject the information and punish the author ? if it were no crime in the author to deliver it to the lords , were it true or false , why should it be a crime to print it as being his , and with his name ? whether the matter of that information were true or false , yet what is done by the house of commons and by the defendant as their speaker , is all true , that is that tho. dangerfield had drawn up , and was the author of such an information , and this was true . by the statutes that punish the reporters of false news , the penalty is but imprisonment , till the first author be brought forth , and that is done in this case . the author is avouch'd , and his name is printed with the information , and it is upon record in the lords house , and he in person did present it to the lords . besides , if there can be any just reason or occasion assign'd for the printing of it , it shall never be ascrib'd to malice or ill design , and without malice alledg'd , this information lies not . nor can a thing so dishonourable as malice and ill design , be decently or justly conceiv'd or objected against so great and grave an assembly : why ? it is the body of the whole nation . and can a whole nation be in reason suspected to harbour malice , and to have a design against the common-weal , that is against themselves ? there may most probably and justly be this in the case , to induce the printing this narrative or information of dangerfield . the plot was very desperate and dangerous , it was not yet fully discover'd and search'd to the bottom . they were commanded by the king to search further into it . besides it was the proper work of the house of commons so to enquire , as they were the grand inquest of the nation . here was one positive witness already that had sworn to these particulars , before the highest court of justice , where the great persons concern'd in it , sate themselves as members of the lords house . but one witness alone , though it were sufficient to make an accusation , yet it was not enough to make a conviction ; in high treason the law requires two at least . the house of commons could not in duty and conscience to the king and kingdom , pass it by or let it sleep . this information tho' but from one man , might possibly have given courage to another person or more than one to testify to the same particulars , if there were any more that knew them to be true , who were unwilling to be the first in the discovery , not knowing but they might stand singly in it : but finding the discovery already made and sworn to , might then think it their duty , and be encouraged to appear also in it , when it might probably be of effect and amount to a legal testimony . the difficulty , and the danger , and discouragement , lay upon the first informer . this consideration might induce the house of commons out of a sense of their duty , to make a further and impartial enquiry as his majesty had commanded them , to make it yet ( if possible ) a little more publick in order to a fuller proof : and printing is but one way among many other of publishing or enquiring into any matter . and of late years enquiry by printing has been a most frequent practice , and we meet with it every week , and it is become the most ordinary way of making enquiries , which run into all parts of the nation . and the printing of publick proceedings at tryals , has been generally of late practis'd by the courts of law , or by the judges of those courts , or by the chief of them . but what has made this information of dangerfield's more publick , than mr. attorney general 's preferring this information against the defedant mr. williams , for causing it to be publish'd in print ? had it not been thus awaken'd again , it might have slept in silence , and have been buried in oblivion . tacitus the roman historian tells us in his annals in the life of nero , of one fabricius veiento , who was accus'd for uttering slanderous speeches against the lords of the senate and against the priests , in certain books , which he termed codicello's , which in our dialect , is the same with libels or little books . nero would have the hearing of the cause himself , and he was convicted before him , and was condemn'd to exile , and his books were sentenced to be burnt . tacitus observes , that before this sentence for the burning of the books , there was little notice taken of these books , and few there were that read them : but when once it grew dangerous to read them , then they were much sought after . but the very opening of that information of dangerfield here in this great court , and in so great an audience , which was of necessity , and occasion'd by mr. attornies information that recites it , tho' mr. attorney never intended this ill consequence , hath made the matter of it as publick as possibly can be . and it must be observ'd , that it never yet came so far as to a tryal , nor to have an ignoramus found , much less to an acquital modo legitimo , in which case , according to the opinion of some judges , an action of conspiracy , or upon the case for a slander will not lye , as not being ripe for it till an acquital : by the same reason it is not ready for an information , which is but the king's suit , the reason being the same in both . but it may perhaps be thought , that in respect of the persons concern'd in it , this was too high a flight , and too bold an attempt , and that the height and eminence of some persons may exempt them from common justice , and from the power even of a parliament . in answer to which , i would observe , that some laws are more especially levell'd against the highest subjects . by the statute of w. . c. . the king forbids that nul haute homme , no high or great man , upon pain of grievous forseiture , disturb elections , but elections ought to be free . the like may be observ'd in the statute of w. . c. . des hautes bommes , &c. and the greater the persons are , if they are in the rank of subjects , they must be subject to the king's laws , and they are the more proper for the undertaking and encounter of this high court. it will not be impar congressus . i cited before , the mirror of justices , chap. . pag. . where it is said , that parliaments were ordained for to hear and determine in such wrongs , and against such persons , especially against whom otherwise common right cannot be had . i will cite no historians to prove what hath been done in antient times within this very kingdom , of this nature against the highest subjects . i will keep still within my own sphere , and cite none but authorities in law. and so keep my self in the way that belongs to me , and so doing , i am under the protection of this court and of the law , and may relye upon the performance of that blessed promise , he will keep thee in all thy ways . there must be no respect of persons in doing justice . the great judge of all the world gives it as a rule , and himself gives the example , god is no respecter of persons . the king was pleas'd to charge both houses , to make a strict and impartial enquiry . i shall cite two authorities in law , that come to this point . the first is in case of a brother and an heir apparent too , and of a person that did after succeed in the crown . king richard the st . in his magna curia , petiit sibi judicium fieri de comite johanne fratre fuo qui contra fidelitatem quam ei juraverat , foedus contra eum cum inimico suo rege franciae inierat . that was the offence charg'd . it may possibly be objected that the king himself complain'd : true , but he complains to the proper judicature : this proves their power . hunts arguments for bishops , fol. . but what did the high court do upon that complaint ? they pronounc'd a very severe sentence , tho' it were but in the nature of a mean process to make him appear , and answer . seld. tit. of hon. fol. . the lords order or adjudge , that if john earl of moreton did not appear within days after summons , judicaverunt comitem johannem demeruisse regnum . let me remember you of a stronger and higher case , and i have it out of an author of the law too . crompt . jurisd . of courts in his chapter of the court of the king 's bench. in a case of corpus cum causa . whidden , one of the judges of the court , cited a case that did happen in the time of gascoign ch. i. in the reign of king h. . gascoign committed the prince of wales ( who was afterwards our king h. the th . ) to prison for endeavouring to take away a prisoner from the bar of the king's bench , and the prince humbly submitted and went to prison , and the king hearing of it , commended it . if the king's bench , being an inferior court to that high court , might soar so high , how much more the highest court of the realm ; where the king sits in the exaltation of his orb , and is in his greatest splendor ? the king indeed is presum'd in law to be in this court , which makes the style of its proceedings to be coram rege , and some of our kings have been said to have sate here . but the king is in his high court of parliament , per eminentiam , as k. h. . one of the highest and most resolute of our kings , said in the case of ferrers ( which i cited before to another point . ) that he was informed by his judges , ( who were all then present ) that he in no time stood so high in his state royal , as in the time of parliament . then if we consider the person whom the ch. i. gascoign committed . he was a continuing , settled , fixed heir , and then prince of wales , whose chair now stands vacant in the lord's house in time of parliament , and afterwards this prince of wales proved a renowned king. nescit imperare qui nescit obtemperare . the sacred scriptures tell us , that the heir differeth nothing from a servant . i may say also from a subject , until the time appointed of the father , gal. . , . what would the author of the sermon preach'd before the university have said in these cases that i have cited ? he would have call'd them unwarrantable proceedings , and would have affirm'd that the persons thus proceeded against , were too sacred to be touch'd with such unhallowed hands . this hath been the bold language from the pulpit and the press , if the title of the book be true from a cambr. dr. oblitus professionis suae , quae nil nisi lene suadet & justum . and the author while he was guilty of gross flattery on the one hand , was not afraid to run into the other extream , of speaking evil of dignities , on the other hand , of one of the three estates of the realm , of the representative of the great body ( whereof he himself makes but a small inconsiderable atome ) . we know from certain and undoubted histories of our own , that in the time of king h. . greater persons in the account of the law than the prince of wales , and yet but subjects of the king have been brought to tryal , and that before lords commissioners ; and however , in other respects their cases might be very hard , yet it was never doubted but they were subject to the law and justice . now to proceed to my second point , wherein i shall be brief . viz. that however , the matters charged in the attorney general 's information are not to be imputed to the defendant in this case : he being but the minister or mouth of the house , and acting only by their order . he is frequently in the parliament records styled the mouth of the house whose speaker he is . mr. hakewell in his treatise of parliaments fol. . among the catalogue of speakers , begins with petrus de mountf . whom he makes speaker h. . of the house of commons , and he cites the register of st. albans for it , fol. . where it is said that petrus de mountford vice totius communitatis consented to the judgment of banishment of adomar de valence bishop of winchester , and sir robert cotton agrees with mr. hakewell in this point . mr. pryn in his preface to sir cotton's abr. is of an opinion by himself , that tota communitas signifies the whole baronage . but it appears by the body of the letter there written , that communitas is distinguished from the majores . sir sir cotton's abridgement e. . fol. . in the upper part , it is said , the lords and great men by the mouth of sir henry beaumont . mr. hakewell in his aforesaid treatise , speaking of william trussel , says , the commons aswered by his mouth . e. . r. . numb . . sir cotton's abr. fol. . the commons return their answer to the king by sir james pickering their speaker . r. . numb . . sir r. cott. abr. . the king advising with the commons , concerning a peace with france , return their answer by sir john bussey their speaker . mr. hakewell in his book before cited , fol. . h. . says , that sir john tiptoft , while he was speaker , signed and sealed the deed of entailing the crown with these words , nomine totius communitatis . mr. elsing in his treatise of parliaments , fol. . tells us , that what was spoken by the speaker is entred in the rolls , as spoken by the commons . but take what is done by the defendant to be his proper acting , yet he acting only as a minister and servant to the high court of parliament , by the ordinary rules of law , in cases of officers , he is not suable , nor any way punishable for it . this is resolved in the rutland's case rep. . and the same case likewise reported in moor's rep. . that an officer or minister executing process which is erroneously awarded ( as where a capias is awarded against a peer ) the officer is to be excus'd ; for he must not dispute the authority of the court , but obey . and in that case the secondaries of the counter , and the serjeants in london were excus'd and held not guilty of any offence . so in the case of the marshelsea , rep. . where the distinction is , if the court have a jurisdiction , the officer is excus'd though the process be erroneous . qui jussu judicis aliquod fecerit , non videtur dolo malo fecisse quia parere necesse est . keilwey . a med. by brudnel , and the lord dier in trewinnard's case fo . . b where a writ of priviledge in case of a parliament-man arrested , is granted , where it ought not to be ; and the sheriff by virtue of that writ discharged the person arrested . yet the sheriff ( saith that case ) is not chargeable in an action for this : parere necesse est . what that necessity is we may see in that case of trewinnard , dier fo . . a med. if the sheriff refuse to execute the writ . and as a fair warning to sheriffs , and other officers not to resist or disobey the commands and orders of the house of commons , the lord dier mentions what punishment was inflicted upon the sheriffs of london , in the case of geo. ferrers . they were committed to the tower for their contempt in not letting a parliament-man taken in execution , to go at large , when the serjeant at arms of the house of commons came for him without a writ . nay the lord dier says , in the latter end of that case of trewinnard , that if the parliament err'd ( he speaks it of the house of commons ) yet there is no default in the sheriff . when the late king being in person in the house of commons , and sitting in the speaker's chair , ask'd the then speaker , whether certain members , whom the king named , were then in the house . the speaker answer'd readily , and wisely , and with a good presentness of mind ( which arose from the genius of that house ) that he had neither eyes to see , nor tongue to speak , but as the house was pleased to direct him . iii. point . as to the last point ; that for matters done in or by the parliament ( as the matters in our case are ) neither the king's-bench , nor any other court , but the court of parliament it self , can by law take cognizance of it . this is the great point of the case . i shall first offer to prove it by reasons , and then i shall back and enforce those reasons by many authorities , and those of the highest sort . . reason . the parliament gives law to this court of the kings-beneh , and to all other courts of the kingdom ; and therefore it is absurd and preposterous that it should receive law from it , and be subject to it . the greater is not judged of the less . . the parliament is the immediate court for examining the judgments of the court of king's-bench , and if they be erroneous , they reverse them ; and if this court should against law take upon them to proceed in this cause , and give judgment , the parliament , when it meets , no doubt , will set it aside as erroneous : and no man does in the least doubt but they have power to do it , and there is as little doubt but they will do it ; therefore it is wholly in vain for this court to take cognizance of it ; and it cannot be revers'd elsewhere , it being in a matter of jurisdiction . see the statute of eliz. c. . the preamble reciting , that erroneous judgments given in the king's-bench are only to be reform'd by the high court of parliament ; which court of parliament was not in those days 〈◊〉 often holden , as in ancient time it had been : neither yet in respect of the greater affairs of the realm could they well be consider'd of and determin'd in parliament , &c. there is an exception of errors that concern'd the jurisdiction of the king's-bench ; those remain as before ; and in the errors that are referr'd to the judges of the common-pleas and barons of the exchequer , by eliz. c. . the jurisdiction of the parliament is to examine them , &c. . this court , as all the courts of common-law , judge only by the ordinary rules of the common-law . but , the proceedings of parliament are by quite another rule . the matters in parliament are to be discuss'd and determin'd by the custom and usage of parliament , and the course of parliament ; and neither by the civil , nor the common-law , used in other courts . . the judges of this , and of the other courts of common-law in westminster , are but assistants and attendants to the high court of parliament : and shall the assistants judge of their superiors ? . the high court of parliament is the dernier resort , and this is generally affirm'd and held ; but it is not the last , if what they do may yet again be examin'd and controll'd . . the parliament is of an absolute and unlimited power in things temporal within this nation . i shall now proceed to authorities that are full to this point ▪ and do second and back those reasons that i have offer'd ; wherein i shall not observe any method by reducing or ranking of them under these reasons that i have offer'd , because some of the authorities justifie several of these reasons , all at once . that the parliament hath the highest and most sacred authority of any court ; that it hath an absolute power ; that it is the highest court in the realm , is acknowledged by our most learned and gravest writers , and historians ; for i would not wholly omit them , though i do not need them ; but i relie only , and put all the stress of my proofs and arguments upon my authorities in law. cambden in his britannia ▪ summam & sacrosanctam authoritatem habet parliamentum . knighton , de eventibus angliae l. . fo . . col . , . he calls it the highest court of the realm . so it is call'd in trewinnard's case in dier , . sr. thomas smith in his common-wealth of england l. . c. . fo . , . in comitiis parliamentariis posita est omnis absolutae potestatis vis . sir r. cotton in his posthuma edit . at lond. pag. . cited by mr. pryn in his preface to sir robert cotton ' s abr. the parliament controlls all inferior courts , and all causes of difficulty ; cum aliqua dubitatio emergit , referr it to the parliament . to shew their power and jurisdiction upon erroneous proceedings in other courts , by authorities in law , which confirms one of my reasons . in trewinnard's case , it is said , that though the parliament erre , it is not reversible in any other court : this is spoken in a case where the then occasion was upon a judgment given , only by the house of commons , in a case of priviledge . agreeable to this is e. . fo . . br. abr. tit . error . plac . . in the latter end of that case , and h. . br. abr. tit . error . plac . . by cottesmore , and h. . fo . . br. error . plac . . error in parliament shall be revers'd in parliament , & non aliter ; for there is not an higher court. h. . fo . , . by all the judges in the exchequer-chamber for a judgment in the king's-bench , error must be sued in parliament ; and as the parliament shall correct the judgments , so they are to correct the judges that give corrupt and dishonest judgments . these are the words and the opinions of the lord chief justice vaughan in his reports fo . . in bushel's case . such , says he , in all ages have been complained of to the king in the star-chamber , ( which is a court now dissolv'd by parliament ) or to the parliament . he there mentions many judges ; those . that were hang'd in king alfred's time before the conquest , for corrupt judgments ; and those in the time of e. . e. . and r. . for their pernicious resolutions : he vouches the journals of parliament , and instances in the judgment of ship-money in the last king's time , and the particular judges impeach'd . sir e. c. in his rep. fol. . the words are spoken by sir e. c. but ( as that rep. says ) with the clear consent of all the judges . the king hath his court , that is to say , in the vpper house of parliament , in which he with his lords is the supreme judge over all other judges . for if error be in the common-pleas that may be revers'd in the king's-bench ; and if the court of king's-bench erre , that may be revers'd in the upper house of parliament , by the king with the assent of the lords . now though this is spoken of the lords house only , yet it must be again remembred that the parliament ( as i prov'd before ) is one entire body , and that their power in the right of it is entire , though as to the exercise of it , it is distributed into parts , and is divided : not can the house of lords exercise any power as an house of parliament , or as a court for errors , without the house of commons be in being at the same time . both houses must be prorogu'd together , and dissolv'd together ; like the twins of hippocrates , they live and die together , and the one cannot be in being , without the other also , at the same time be , in being too . . inst. . matters of difficulty were heretofore usually adjourn'd to parliament ; but ( says he ) 't is now disused . and . inst. . courts at variance , properly complain to the parliament . . inst. in the chapter of the court of the kings-bench , errors in the kings-bench , in matters that concern their jurisdiction , and other cases there excepted in the act of eliz. cap. . cannot be revers'd but in the high court of parliament . . inst. fol. . there is a court erected by the statute of e. . cap. . stat. . for redress of delays of judgments in the kings great courts , consisting of a prelate , two earls , and two barons , to be chosen in parliament by that statute . if the case before them be so difficult , that it may not well be determin'd without assent of the parliament , ( it does not say by the house of lords only ) then shall the tenor of the record be brought by the said prelate , earls and barons , into the next parliament , and there a final judgment shall be given . si obscurum & difficile sit judicium , ponantur judicia in respectu usque magnam curiam . rot. parl. . e. . num. ult . sir jeffery stanton's case . . e. . cap. . the chapter of treason in the . inst. fol. . the judge or court in some cases , is to forbear going to judgment till the cause be shewed before the king and his parliament , whether it ought to be judged treason or not . that this court proceeds by the ordinary rules of the common law ; but that high court of parliament proceeds not by that law , but by a law peculiar to that high court , which is called lex & consuetudo parliamenti , and consists in the customs , usages , and course of parliament ; and therefore , this court , nor no other inferior court , can , for this very reason , judge or determine of what is done in parliament , or by the parliament . if this court should take upon it to proceed in such cases , it would justly be said of it as a thing very irregular . metiri se quemque suo modulo , ac pede , verum est . sir rob. cott. abr. . r. . nu . , . sir tho. haxey delivered a bill to the commons in parliament , for the honour and profit of the king , and of all the realm , complaining of the outragious expences of the kings house , and namely of bishops and ladies . here the camb. dr. i have before mention'd , would take occasion again to complain of the sauciness of this bill . k. r. . was offended with the commons for preferring this bill to the king ; for it seems they had entertain'd this information from a particular hand , ( as was done in our case from dangerfield ) and they proceeded upon it . k. r. . said it was an offence against his dignity and liberty , and said he would be free therein . and sir john bussey , the speaker to the parliament ( as that roll of parliament calls him ) is charg'd to declare the name of him who exhibited that bill . by this , it appears the king could not take notice of what was done in the commons-house , or deliver'd to them , but by the house it self , and that is one of the laws and customs of parliament ; and yet , no doubt but it was well known to every member of that house , and yet it came not to the kings knowledge . nu. . the commons deliver'd to the king the name of the exhibiter , which was sir tho. haxey . nu. . the commons afterwards came , and submitted themselves to the king , and crav'd pardon , and the king excus'd them . nu. . sir tho. haxey was adjudg'd by parliament to die as a traitor . the king was offended , the commons forsook the exhibiter , and submitted , and the lords adjudge him guilty of treason . this seems to be a strong case against the liberty and the privilege of the house of commons , ( but it seems strange how it should be made treason ; ) but it is stranger ; especially , if it be suppos'd this sir tho. haxey was a member of the house , one would have thought he should have been under a protection and special privilege . but i take him to be no member , for he is afterwards call'd sir tho. haxey , clerk ; and graduates in the university , and those in orders , were usually dignified with the addition of sir ; and it is not yet quite out of use in the university . i find by mr. pryn , in his plea for the the lords , fol. . that in the next kings reign , h. . the commons exhibited a petition on the behalf of sir tho. haxey , ( for he was not executed , the archbishop of canterbury took him into his protection , being a clergy-man ; ) and the commons in their petition affirm , that the judgment against sir tho. haxey , for delivering in this bill to the commons in parliament , was against right , and the course that had been used before in parliament , in destruction of the customs of the commons . here note , that the right and course of parliament , and the customs of the commons , are mention'd as synonymies . upon this petition of the commons , the judgment is adjudg'd to be null and void . but this could be adjudg'd no where but in parliament , for it concern'd the right and privilege , and the customs and course of the parliament . h. . nu. . in sir rob. cott. abr. the record says , sir tho. haxey , clerk , pardon'd , and the judgment revers'd , and he restor'd to all . this case , in very many circumstances , suits with the case of dangerfield , and in many , with our present case . ours is in the case of an heir apparent or presumptive . but a greater than the heir is here , in this case of sir tho. haxey . namely , the then king himself . but i cite it , principally to prove one of my reasons and arguments to the third point , namely , that there are rights and customs that are peculiar to the high court of parliament ; and that there is a law called the course of parliaments , and it may be observ'd , that the customs of the commons are the law and course of parliament . concurring with one observation that i made out of this case , that one of the laws or customs of parliament , is , that no member is to publish at the court , or elsewhere abroad , what is done in the house of commons , but it ought to proceed from the house it self , and no other , ( which is another argument , to prove that no other inferior court can enquire into , or hear or determine of their doings ) for no notice can be taken of what they do , unless it come by their own relation and discovery . that , i say , which concurrs with this , is another roll of parliament of that noble king h. . viz. h. . nu. . the commons require , that is , request the king , that he would not give an ear to any untrue reports of the commons-house , until the time might try the same ; and that time is when the commons apply to the king in it , and not before . whereunto the king granted ; which allows it to be the law and course of the parliament . . inst. fol. . every court of justice ( says sir e. c. ) hath rules and customs for its direction . so the high court of parliament , de suis propriis legibus & consuetudinibus consist it . again , sir e. c. in his select case , printed . fol. . note ( says he ) the privilege , order , or custom of parliament , either of the upper house , or of the house of commons , belongs to the determination only of the court of parliament . and there he cites two precedents for it . the first that of h. . in the controversy between the earls of arundel and devonishire , for precedency : the king , by advice of the lords , referr'd it to the judges to examine and to report ; not finally to determine as judges of the case , but as assistants to the lords . ☞ the judges answer'd , that it was a matter of parliament , and belong'd to the king and the lords to determine . one would think this were a strange answer of the judges , to deny their advice ; were they not assistants to the lords in matters of law ? the true reason of their declining to give their advice , is , it was a case above them , and not to be determined by the ordinary rules of law , and therefore out of their element . quae supra nos , nihil ad nos . therefore their answer was , that it was a matter of parliament , and belong'd to the king and lords , but not to the judges . this is a resolution of all the judges in the very point ; though this particular case concern'd only the lords , being a matter of precedency between two lords ; yet , as i have prov'd , the parliament is one entire body , and are mutually concerned in their powers and privileges . the other case mentioned by sir e. c. is that of tho. thorp . the speaker of the commons , h. . taken in execution at the suit of the duke of york , during the recess of the parliament . we have it at large in the parliament roll of h. . nu . , , , . the commons , at the opening of the next session of parliament , request the king and lords , to restore their speaker to them . the judges being demanded of their counsel therein ; ( note , it was nothing but their advice ask'd . ) it was after mature deliberation , they answered , it was not their part to judge of the parliament , which may judge of the law. note , the reason to judge of the law , signifies they are the supream court to judge what is law , and what is not . and to judge of the law , likewise signifies , that they can judge whether a law be good or not ; in order to approve of it , and to enact it , or to repeal a law. this is in a case that concern'd the privilege of the commons and their speaker ; and yet they say , that judging in this case were to judge of the parliament : this intimates too , that the parliament judges by other rules than those of the common-law . and 't is the common-law is the proper element of the judges of the courts of westminster-hall . this is a second resolution of all the judges in the very point . mr. hakewel , in his treatise of the manner of enacting laws in parliament . fol. . reports this case of thorp at large . it is time now to come to higher authorities , that is , to resolutions of parliament in this point . and first , the resolution of the house of commons in maintenance of their own right , or at least a claim of their right ; i have it out of an author that is very far from being a friend to the house of commons ; and 't is a clergy-man too . i mean dr. heylin , in the life of archbishop laud , fol. . he reports , that the house of commons made a protestation in . against all impeachments , other than in the house , for any thing there said or done . let me present you with the like claim made by the lords , which seems to run something in the form of an old act of parliament . in sir rob. cott. abr. . r. . nu . . in that parliament , all the lords , as well spiritual as temporal ; being present , claimed their liberties and franchises ; viz. that all weighty matters in the same parliament , which should be afterwards moved , touching the peers of the land , ought to be determin'd , judged , and discussed by the course of the parliament , and not by the civil law ; nor yet by the common laws of the land , used in other more courts of the realm . the which claim and liberties the king most willingly allow'd and granted thereto in full parliament says that roll. now , as i have before prov'd , the liberties and franchises of the parliament , in the right of them , are entire , and due to both houses , for both make up the parliament . mr. seld. in his title of honour , fol. says , that a thing granted in full parliament , signifies an act of parliament . now for an act of parliament full in the point , and then i can go no higher . it was in the case of richard strode , one of the burgesses for plympton in devonshire , in the parliament of h. . for agreeing with the commons house , in putting out bills ( as it is reported there ) which seems to resemble the printing or publishing , mention'd in our case . those bills so put out were against the abuses of the tinners , who were a great and numerous body of men ; who by these bills took themselves to be scandalized and slandered . after the parliament was risen , this richard strode for what he had so done in parliament , was presented and found guilty in the stannary-courts , and condemn'd to forfeit . l. ( a moderate fine . ) he was for this imprison'd in a dungeon , within a castle , and fed with bread and water . when the parliament met again , he petition'd the parliament for remedy , and that the judgments had against him and the executions might be made void ; which was done accordingly by act of parliament . and it was further enacted , that all suits , accusations , condemnations , executions , fines , amerciaments , punishments , pass'd or had , or thereafter to be pass'd or had , upon the said strode , and to every other person , that was in that parliament ( thus far it is a private and particular act ) but the reason of this , and the justice of it extends to all like cases ; but then it goes farther , or that of any parliament hereafter shall be ; for any bill , speaking , reasoning , or declaring of any matter concerning the parliament , to be communed or treated of ( these are very large and general words ) be utterly void , and of none effect . and it goes farther yet , and that any person vexed or , troubled , or otherwise charged for any cause , as aforesaid ; shall have an action of the case , against every person so vexing contrary to this ordinance , and recover treble damages and costs . here now is an action given against one , for what they shall do in a course of justice . but it is because it is suing in an inferior court that has no jurisdiction in the matter . this act takes away all jurisdiction in such parliament cases , from all other courts . i know that in the case of denzill hollis ( afterwards the lord hollis ) mr. seld. and others , car. i. the judges being consulted upon some questions propounded , res. that that act of strode's , was a particular act , and extended to strode only ; and no doubt it was a particular act in a great part of it , and in that part extended to strode only . but if the judges meant that no part of that act was a general law , then i must crave leave to say , . that their opinion was extrajudicial ; it was delivered upon their being consulted with about questions propounded to them , and therefore hath not that weight . and i must take the liberty to appeal to the very words of the statute it self , and to any man of reason , and honesty , to use his reason aright , that shall read them ; and i must offer some reasons against their opinion , and cite some good authority in that point , and then leave it to this court to judge of it . the words , and persons , and time mention'd in the latter part of that act , are general . it speaks indeed , first of strode in particular ; but then it hath these words ( every other person . ) it mentions that parliament in particular ; but then it proceeds to speak of ( any parliament that there-after shall be ) then the things also are general that the act extends to , not onely to indemnifie strode , for what he had said , or done in parliament ; but then the indemnity extends to every other person , for any bill , speaking , reasoning , or declaring of any matter concerning the parliament . the words of the royal assent to this bill , are such as are constantly used , only to general acts , viz. le roy veut ; whereas to a particular act , the royal answer is , soit droit fait al parties . and this act of h. . is enrolled as general acts use to be . but a private or particular act is always fil'd , but never enroll'd ; for this latter distinction we shall find it in the case h. . fol. , . for authority in this question , sir e. c. in his th . instit. fol. . holds this act of h. . in the latter part of it to be a general act. it is indeed commonly said boni judicis est ampliare jurisdictionem . but i take that to be better advice which was given by the lord chancellor , ( sir francis bacon , ) to mr. justice hutton , upon the swearing him one of the judges of the court of common-pleas ; that he would take care to contain the jurisdiction of the court within the ancient mere-stones without removing the mark . i find but one resolution in all our books , that i can meet with , that seems to make against us in this point , and maintains a jurisdiction in this court , for a misdemeanor , or conspiracy suppos'd to be done by some particular members of the house of commons , in the house in time of parliament . it is reported by mr. justice croke in his reports of the time of king charles , fol. . but it is more fully reported in a late book , entitled memorials of the english affairs , set out by a learned lawyer , and the son of a judge ; and it is the case that i lightly touch'd upon but now , that of mr. hollis , selden , &c. the offence charg'd upon mr. denzill hollis ( who was afterwards the lord hollis , ) mr. selden , sir john elliot , sir john hobart and divers other parliament-men , was for a force used upon the then speaker , sir john finch ( afterwards lord keeper ) in keeping him in the speaker's chair against his will , when he would have left it ; and pressing him to put a question , which the king had forbidden him to put . for this supposed offence , after the parliament was dissolv'd , these parliament-men were first convened before the council , where they refus'd to answer the charge , it being for matters done in parliament . then the judges had questions propounded to them , to which they gave their resolution , that for things done , not in a parliamentary way , a parliament-man may be punished after the parliament is ended , if he be not punished in parliament ; otherwise as j. croke , said , there would be a failure of justice , but , that regularly he cannot be compell'd out of parliament to answer things done in a parliament in a parliamentary course . this answer seems to be very oracular , for it resolves that a parliament-man shall not answer for things done in parliament in a parliamentary course . if it be done in a parliamentary course , what occasion can there be to answer for it ? but who shall judge what is a parliamentary course , but a parliament ? not judges of the common-law ; for the parliamentary course differs from the rules of the common-law . but they refusing to answer at the council-board , were committed close prisoners to the tower. after this sir robert heath , the king's attorney , preferr'd an information in the star-chamber against them , that was not proceeded in . the lord keeper was under difficulties about it , says , the author . the judges of the king's-bench were to consult with the rest of the judges in granting a habeas corpus for bailing the prisoners . the rest of the judges would hear arguments , so it was put off , and delay'd , ( as our author reports it . ) at last an information was exhibited against them in the king's-bench . the defendants pleaded to the jurisdiction of the court ; their plea was over-rul'd , and they refusing to plead over , judgment was entred by nihil dicit , and they fined and imprison'd . mr. j. croke , at the latter end of those reports gives this further account of that case , that afterwards in the parliament car. . it was resolv'd by the house of commons , that those parliament-men should have a recompence for their damages sustain'd for the services to the commonwealth in the parliament , car. . if a judge hath thought fit to report this , it may be as fit for me to mention it . i take that to be the first precedent or resolution given in any case for what was done in parliament , and it stands alone ; i have heard of none since that neither . it seems to be directly against the provision made by it ; it is clearly within the equity and reason of it , strode's act. i wish i could not say that even those times of car. . were not full of trouble . it appears much by the difficulty the judges seem'd to be at in the proceedings of that case ; this detracts much from that veneration , that otherwise is justly due to a resolution so solemn as that of all the judges . the lord chancellor bacon in his profound book of the advancement of learning , dislikes all precedents that taste of the times ; and advises that precedents should be deriv'd from good and moderate times . the only reason that i find given for that proceeding in the case of denzill hollis , is that given by mr. j. croke , viz. that otherwise there would be a failure of justice . this reason must be grounded either upon the infrequenecy of parliaments , or upon an opinion that parliaments will be partial in cases of their own members . as to the first of these ( the long intervals between parliaments , ) this under favour ought to be no reason , especially to come from a judges's mouth , ( i have a great honour for the memory of that reverend judge ) who must needs know , and ought to assert it , that by the law , parliaments ought to be very frequent , and judges ought to take part with the law , and to maintain it . before the conquest ( as 't is untruly call'd ) by the law , parliaments were to be held twice a year , as appears by king edgar's laws , c. . in lamb. de priscis . &c. and the mirror of justice c. . sect. . tells us that king alfred ordain'd for a perpetual usage ; that twice in the year , ( and if need were ) oftner . the seniors or earls should assemble themselves at london , to speak their minds . and 't is reckon'd among the abusions ( as they are there term'd ) of the common-law ; that whereas parliaments ought to be twice in the year for the salvation of the souls of trespassers ( and at london too ) that they are there but very seldom , and at the pleasure of the king , for subsidies and collections of treasure . and by the statute of e. . c. . parliaments ought to be once a year , and oftner ( if need be ) i have heard a civilian in the house of commons give this construction to that short act , that the words ( if need be ) should referr to the parliaments being ( once a year ) aswell as to the words ( and oftner ) and i never heard that any man was of that opinion but himself ; but i remember he himself laught when he spoke it , but he was more laught at for that ridiculous exposition . and should that sense be put upon it , it would make the law a very ridiculous thing indeed , for then the short of it would be this ; that we should have a parliament when there is need . but to refute that fancy , there is another statute of the same king's time , namely , e. . c. . which says , that for redress of divers mischiefs and grievances , which daily happen , it s accorded that a parliament shall be holden every year without any such restriction ( if need be . ) and by the act of car. . c. . these acts are declared to be in force . and farther , it is declared and enacted , that the holding of parliaments shall not be discontinued above three years at the most . now how can any man say in defiance of these laws , that there can be any long discontinuance of parliaments ? his now majesty has been pleased graciously to declare his resolution often to meet his people in parliaments , and in the word of a king there is power . nay , we have the king's oath for it , for he is sworn to observe the law ; and eadem praesumitur esse mens regis quae legis ; and it is an high presumption for any man to think , or say otherwise . for that other ground of that reason given by mr. justice croke , viz. that there would be a failure of justice , if offences committed in parliament , were not punishable in the kings-bench ; namely , because parliaments will be partial in cases of their own members . this carries with it a very high reflection upon that great and solemn assembly , to entertain a thought so mean , and so dishonourable of the supreme court of the nation , that the court which is to correct the errors of all other courts , and is the last resort of the nation , that they should be guilty of injustice and partiality . no man that is a lover of his country , or a friend to his own true and honest interest , will harbour a dishonourable thought of that great assembly . i am apter to think , that the reporter of that case did mistake , when he charg'd that worthy and reverend judge , mr. just. croke , with the offering of that for a reason . i find the most reverend of our judges speaking with the greatest reverence of that supreme court. besides , the learned lord chief justice sir edw. coke , who often expresses his great veneration for them , hear what the ch. just. brook , and just. saunders , say of that assembly in plowd . comment . in the case of hill and grange , fo. . a. towards the lower end of that folio , injustice ( say they ) may not be presum'd of a parliament . and in the earl of leicester's case , in the same comment , fol. . towards the end of the folio , the parliament is a court of very high honour and justice , of which no man ought to imagine a thing dishonourable . i do agree , that an offence committed in parliament , is a very high offence ; but the higher it is , the more proper it is for their judicature ; and that court is arm'd with a power to punish the highest offences , and the highest offenders . but to take it out of their hands , and to make it determinable in any other court , is a disparagement to that grave and supreme court. we easily agree that a parliament may erre , for they are not infallible ; but the law hath provided a remedy against those errors , and a way to reform them . a subsequent parliament may reform the errors of a preceding parliament , as i have prov'd by several authorities . but to say they will be partial or unjust , or corrupt , or do any thing out of malice , is to raise a scandal upon the whole nation , whose representative they are . i will make no difficulty to affirm , that if any offence whatever be committed in the parliament , by any particular members , ( as this was accounted a force or riot in the case of denzill hollis and selden , and others committed upon the speaker ) it is an high infringement of the right and privilege of parliament , for any person or court to take the least notice of it , till the house it self either has punish'd the offender , or referr'd them to a due or proper course of punishment . to do otherwise , would be to make the highest court an offender , and to charge them with injustice . nay , their right and privilege so far extends , that not only what is done in the very house sitting the parliament , but whatever is done relating to them , or in pursuance of their order , during the parliament , and sitting the parliament , is no where else to be punish'd , but by themselves or a succeeding parliament , although done out of the house , as in the case of ferrers . it any shall imagine , as mr. pryn does , and others , that of later times the parliament have encroach'd more power than anciently belong'd to them , i have already answer'd this objection , by shewing how large a power they exercis'd of old , and see what is further mentioned in lamb. archion . viz. that king h. . was told by his lords spiritual and temporal , that of ancient time the creating and deposing of all the judges and great officers belong'd to the parliament . i do not deny , but some sort of orders by them made , are no longer in force , than while the parliament sits ; but then , what is done after the parliament is risen , is not to be said to be done by their order , for then it ceases to be their order : this must be understood of matters executory , not as to things executed by their order during parliament . however , this case of denzill hollis comes not home to our present case , but 't is wonderfully short of it : this was an offence charg'd only upon some particular members ; and it cannot be denied , but particular persons , even in the parliament , may misdemean themselves , and they are to be punish'd by the parliament , but no where else . but in our case , that which makes the offence , and for which the information is brought by the kings attorney , is what is done by the whole house of commons , and by virtue of their express order . although , as i have already observ'd , the information it self does not expresly own it , yet the demurrer to the defendant's plea ( which sets it all forth ) does most plainly avow it . and this i am sure is without any colour of precedent , and never was attempted till this time . if any man will extenuate or justify this way of proceeding , by saying , that this was not for any thing done in the house , but a matter done out of the house ; viz. the printing and publishing was abroad in the printing-house , and in the streets , and spreading them abroad throughout the kingdom : yet this will not salve it , for the defendant did what he did as speaker , and not in his private capacity . and it was done by order of the whole house and sitting the parliament ; so that this information does directly question the parliament it self , and arraigns their power and actings ; for i have fully prov'd , that what the defendant has done , is not his act , but indeed the acting of the whole house of commons . and i have also prov'd , that the two houses , as to the right of the power that they claim , and use , is but one , and they are intire , though they may divide in the exercise of that power . so that it is a matter of the highest concernment to the nation that possibly can be . sir e. c. in his fourth inst. in his chapter of the high court of parliament , mentions two cases only , and some other beginnings of a prosecution against such as absented themselves from parliament , and departed from it without licence ; but they had no effect , as he affirms , but only against six timorous burgesses , ( where thirty nine members were inform'd against ) who ad redimendam vexationem , submitted to fines ; but he could not find that ever they paid any . the first of the two cases is that of the bishop of winchester , it is in the year-book of e. . fol. , and . fitz. h. abr. tit . coron . plac . . and he affirms that those are all the cases that he can find concerning this matter . the suit against the bishop was by original writ in the kings-bench , and it charges him with a trespass and contempt in departing from the parliament without the kings licence . the bishop there pleads ( as the defendant does in this case ) to the jurisdiction of the court. et dicit quod si quis eorum ( speaking of the lords of parliament , ) deliquerit erga dominum regem in parliamento aliquo , in parliamento debet corrigi & emendari , & non alibi in minori curia quam in parliamento . vnde non intendit quod dominus rex velit in curia hic de bujusmodi transgressione & contemptu factis in parliamento responderi . note the plea , as to the offence , is very general , not only restrain'd to the offence of absenting from the parliament , but to any trespass or offence in parliament . si quis deliquerit . and it would be a little improper to call absence from parliament offence committed in parliament , for it looks like the quite contrary : but in a just sence , any offence committed by a member relating to the parliament , though done out of the house , is termed an offence in parliament . so printing any thing by order of parliament , though it be done and executed in another place , yet it may be said to be done by the parliament , and in parliament , if it be by their order , and in time of parliament . we may note further that this is a prosecution only against one particular person , for a particular offence and contempt charg'd upon him . but in our case , the prosecution is against the very speaker of the parliament , and is in effect a prosecution against the parliament ; for it is against him , for what he did by command and order of parliament , and sitting the parliament . and though the attorney-general , reply'd to the bishops plea that the king might sue in what court he would , yet the bishop rejoins upon him and maintains his former plea , and there it rests ; so that as sir e. c. observes that the bishops plea did stand and was never over-rul'd , agreeable to the resolutions of former times . so this i. may claim as an authority on our side . and though mr. plowden the lawyer , to the like information put in against him and others , and philip and mary , pleaded that he remain'd continually from the beginning to the end of the parliament , and travers'd the absence whereby he passes by the advantage of the plea to the jurisdiction , yet this is no authority against us , for he might think fit , renunciare juri pro se introducto , having so true an occasions of clearing himself from that scandalous imputation of being absent from doing his duty in parliament , which certainly is a very high breach of trust ; and he might be impatient of lying under it , and therefore thought it best to traverse it to clear his reputation in that point ; yet i must confess i should never have advis'd it , nor was there any further prosecution against him . i will mention but one most excellent record more , and it is a record out of the parliament rolls , e. . num. . sir cotton's abridgem . and with that i will conclude . i take it to be very pertinent , and i am sure it is very seasonable . among the petitions of the commons , one is ; they pray the king , that he will require the archbishop , and all other of the clergy , to pray for the peace and good government of the land. and for the king 's good will towards the commons . the king's answer , is , the same prayseth the king. and i wish with all my heart , it were the common-prayer . i have but one prayer more to make , and that is , that this court will allow the defendant's plea. a discourse concerning the ecclesiastical jurisdiction in the realm of england : occasioned by the late commission in ecclesiastical causes . by sir robert atkyns kt. of the honourable order of the bath , and late one of the judges of the court of common-pleas . london , printed for tim. goodwin at the maiden-head against st. dunstans church in fleet-street , mdclxxxix . a discourse concerning the ecclesiastical jurisdiction in the realm of england : occasioned by the late commission in ecclesiastical causes . the preamble acknowledges , that the king justly and rightfully is , and ought to be , supream head of the church of england , and is so recognised by the clergy in their convocations . and it is enacted , that the king and his successors shall be taken , &c. the only supream head in earth of the church of england . and shall have and enjoy annexed to the imperial crown all jurisdiction , &c. authorities , &c. to the said dignity of supream head of the same church belonging . and that the king and his heirs and successors , kings of this realm , shall have full power and authority from time to time to visit , repress , redress , reform , order , correct , restrain and amend all such errors , heresies , abuses , offences , contempts and enormities whatsoever they be , which by any manner of spiritual authority or jurisdiction ought , or may , lawfully be reformed , repressed , ordered , redressed , &c. any usage , custom , foreign laws , foreign authority , prescription or any thing to the contrary notwithstanding . note , this act doth not make the king to be the supream head of the church of england , but acknowledges , that he ever hath been so ( as it is recited by the statute made in the same parliament of h. . c. . the act for the first-fruits . see the preamble towards the latter part , being the first paragraph . ) see also the oath prescribed by the statute of h. . cap. . for the succession , paragraph the th in mr. keeble's edition of the statutes at large , very full to this purpose , to shew that the act of h. . cap. . gave the king no new title , but only acknowledged , that he ever had a right to it , and that the bishop of rome had but usurped it . and as the act of h. . cap. . gave the king no new title , so it gave him no new , nor further authority in spiritual and ecclesiastical things , nor over spiritual and ecclesiastical persons , than what he had before . therefore it is to be enquir'd what jurisdiction or authority the king had before the making of that act , and how the ecclesiastical jurisdiction was of right and duly before exercis'd and administred . viz. in what courts , by what rules , laws or canons , and by what persons . it is clear in law , that the king himself merely in his own royal person could never take to himself the hearing of any cause ecclesiastical or temporal , and adjudg and determine the cause himself : for by the law and constitution of the realm , the king hath committed all his power judicial to divers * courts , some in one court , some in another , as is held in sir ed. cokes d . institutes fol. . at the lower end of that folio , and in the middle of fol. . all matters of judicature and proceedings in law are distributed to the courts of justice , and the king doth judg by his justices . see the reports that pass by the name of sir ed. cokes th . reports , fol. . the case of prohibitions : which is true as to * ecclesiastical causes as well as temporal ; for every man knows , that there have been from the first constitution of the kingdom certain courts and jurisdictions erected within this realm for deciding and determining of spiritual and ecclesiastical causes . selden's history of tithes , fol. . all this is excellently well set forth by the preamble of the statute of h. . cap. . concerning appeals . that as the king hath ever been the supream head of the realm ( which word head is by way of metaphor , and must have relation to some ( body ; ) therefore the statute in the preamble proceeds to tell you , what the body is to which the head relates , viz. the body politick of the realm consists of all sorts and degrees of people ( within this realm ) divided by names of spiritualty and temporalty . the statute proceeds to mention the plenary power , authority and jurisdiction the king hath within this realm in all causes . it shews us how that power is distributed , and by whom to be exercised . not by the king in person , nor at his will and pleasure in any arbitrary way ; but as that preamble further iustructs us , * the body spiritual hath power in all causes divine and spiritual to determin and to administer all such offices and duties as to their rooms spiritual doth appertain ; the like is declared as to temporal causes to be in the other part of the said body politick , call'd the temporalty . and both their authorities and jurisdictions do concur in the due administration of justice , the one to help the other . the preamble of this stat. of h. . c. . of appeals further shews , how that this ecclesiastical and spiritual jurisdiction , had been confirmed and defended by several antient acts of parliament against the usurpations of the bishop of rome ( and that long before the reformation of religion . ) then comes the enacting part , which does ordain , that all causes determinable by any spiritual jurisdiction , whether they concern the king himself ( as the case of the king's divorce ) or any of the subjects , shall be heard , examined discussed , clearly , finally and definitively adjudged and determined , within the kings jurisdiction and authority , and not elsewhere in such * courts spiritual and temporal of the same , as the nature of the cases shall require . then the same statute shews us in what courts , and by what steps and method , suits and proceedings concerning spiritual and ecclesiastical matters ought to be handled , see paragraph , , , , , . it begins with the arch deacon's court , which is infimi gradus , and proceeds gradually from the arch-deacon to the diocesan , from him to the metropolitan , and at last it mentions the convocation , as the supreamest . note , that further appeals have been given by several acts of parliament , as by h. c . from the arch-bishop or metropolitan to the king in chancery , which is by commission of delegates , &c. and it hath been resolved , that though the acts of h. . cap. . and of . h. cap. . do upon certain appeals , make the sentence definitive as to any further appeal , yet the king ( as supream head ) may grant a commission of review : see the case of halliwell against jervois , sir francis moores reports , fol. . and in the same reports , fol. . in the case of bird against smith , and in sir edw. cokes th . institutes , fol. . and as the kings ecclesiastical power and jurisdiction are by the fundamental laws of the realm distributed into several courts , which are mentioned and confirmed by the said several acts of parliament , and may not therefore be exercised by any other , but by such courts , and in such method and manner as by law , and the said acts of parliament it is provided : so also those courts cannot proceed arbitrarily , but by the known and setled ecclesiastical laws , constitutions and canons that are in force . by the act of . eliz. cap. . entituled , an act for restoring to the crown the antient jurisdiction over the estate ecclesiastical and spiritual , &c. the seventeenth paragraph in keeble's book of statutes , it is enacted , that such jurisdictions , &c. spiritual and ecclesiastical , as by any spiritual or ecclesiastical power or authority hath heretofore been , or may lawfully be , exercised or used for the visitation of the ecclesiastical state and persons , and for reformation , order and correction of the same , and of all manner of errors , &c. abuses , offences , contempts and enormities shall for ever by authority of this present parliament be united to the crown . by the th . paragraph of that act the queen and her successors have power by vertue of this act , by letters patents under the great seal , to assign , &c. ( as often as they shall think meet and for such time ) such person or persons , as the queen , &c. shall think meet to exercise all manner of jurisdictions ecclesiastical or spiritual ; and to visit , reform , redress , order , correct and amend all such errors , &c. abuses , offences , contempts and anormities whatsoever , which by any manner of spiritual or ecclesiastical power , authority or jurisdiction can , or lawfully may be , reformed , ordered , redressed , corrected , restrained or amended ; and such person or persons so to be named , &c. shall have full power by vertue of this act , and of the said letters patents , to exercise , use and execute all the premises according to the tenor and effect of the said letters patents . see sir edw. cokes . inst. in his chapter of ecclesiastical courts , fol. , . and see the d. observ. fol. . observe the words , viz. it was enacted out of necessity , &c. and ibid. necessity did cause this commission , and it was not to be exercis'd , but upon necessity ; for it was never intended , that it should be a continual standing commission , &c. that the main object of that act was to deprive the popish clergy . almere's case , and taylor and massie's case , left to the proper diocesan . upon the last recited clause in that of . eliz. was grounded the late court call'd , the high commission court : from which act it may be observed and collected , that it needed an act of parliament to give such authority to the queen to grant such letters patents , or commission ; and that without an act of parliament such commission could not have been granted : for if the queen by her meer prerogative and supream power in ecclesiastical causes could have granted such commission an act of parliament had been unnecessary . and the express words of the act are , that the queen , &c. shall have power , ( by vertue of this act ) and the law had ( as hath been before observ'd ) distributed the kings ecclesiastical power and jurisdiction into several courts : so that , without a new law , the like power could not be put into any other hands in derogation of those ordinary ecclesiastical courts . secondly , note , this act makes no new crimes nor offences , but gives the commissioners or patentees power to visit , reform , redress , &c. all such errors , &c. abuses , offences , contempts and enormities , which by any manner of spiritual or ecclesiastical power can , or lawfully may be , reformed , redressed , corrected , &c. in sir edw. cokes rep. fol. : it was resolved , trin. . jae . per totam curiam , in the court of common-pleas ( there being then five judges of that court , coke being chief justice ) that the high commissioners by vertue of their commission , and that act of parliament , ought to proceed according to ecclesiastical law. secondly , if their commission gave them any power , which was not allowed or warranted by that act of parliament , it was not legal ( which proves that such power cannot be exercis'd by a commission under the great seal merely , without an act of parliament ) see drakes case in justice croke's reports of the time of king charles , fol. . there it is also resolv'd , that the king by his commissioners cannot alter the ecclesiastical law , nor the proceedings of ☞ it . and if the word ( lawfully ) had not been in that act of . eliz. yet it must have been so intended , and the judges of the common law ( who are proper judges , expositors and interpreters of acts of parliament ) would have so understood it ; as appears by the resolution of the judges in the case in the same . rep. of the lord coke , fol. , . and little regard therefore was given by the judges to commissions under the great seal , which the arch bishop of canterbury ( abbot ) said , had been made in like cases in the times of king hen. viii . and ed. vi. in the last case , ibidem fol. . the chief justice coke says , he had seen the commission made to cromwell ( by king hen. viii . ) to be vice-gerent , and other commissions to others ( by his appointment ) and he refers to the commission at large inserted in his book of precedents . see in the same . rep. of sir edw. coke , f. . excellent rules to be observ'd upon such extraordinary commissions , viz. they ought to be solemnly read ; for they may possibly contain many things against the law ( as the commission in that case mentioned did . ) the commissioners may every one of them require copies of the commission : the commissioners ought to sit in an open place , and at certain days . note also , that such commissions ought not to be kept secret , but they ought to be enrolled in the chancery , that the subjects may be under a known authority . see sir coke's . instit. fol. . the middle of that fol. and upon irregular and illegal commissions in ecclesiastical causes , the remedy is by prohibition out of the courts at westminster . in the same instit. fol. . the author hath this note . nota , stephen gardiner bishop of winchester was depriv'd at lambeth by commission from king edward the vi. made to ten persons , proceeding upon it , ex officio mero mixto vel promoto omni appellatione remotâ , summarie de plano , absque omni forma & figura judicii sola facti veritate inspecta : the author passes no opinion upon it . quaere , by what law this was warranted . it must be rare and extraordinary , otherwise sir edw. coke would not have so specially mention'd it , but a facto ad jus non valet argumentum . note , that part of the act of eliz. viz. the th . paragraph ( before verbatim transcribed ) viz. of the queen eliz. and her successors granting such letters patents or commissions in ecclesiastical causes , is repealed by the act made car. . cap. . see it in mr. keeble's book of statutes at large . see the last paragr . or clause in that act of repeal of car. . it is enacted , that no new court shall be erected or appointed , which shall have the like power or jurisdiction , as the high commissioners had or pretended to have ; but that all such letters patents , commissions and grants , and all powers and authorities thereby granted , and all acts , sentences and decrees to be made by vertue or colour of them shall be void . note , the late act of car. . cap. . in mr. keeble's book of statutes , does declare that the ordinary power of arch-bishops and bishops was not taken away by that repealing act of car. . cap. . ( as this last act dates it . ) but by this act of car. . cap. . in the second paragraph . the aforesaid repealing act of car. . and all the matters and clauses therein contained ( excepting what concerns the high commission court ; or , the new erection of some such like court by commission ) are repealed . see the third paragraph also of the act of . car. . that the high commission court shall not be revived . so that i conceive , no such commission nor letters patents can now be granted , but the repealing act of , or car. . stands in force against it . by what law or rules cromwell in the time of king henry viii . and by what instructions he acted , does not appear ; the commissions to make him vicar general ( which was surely in imitation of what had been used by the pope in the time of his usurpation ) or that of vice-gerent in ecclesiastical matters ( which seems to be new and prime impressionis ) are not now to be found , of which dr. burnet in the history of the reformation of the church of england , makes some probable conjectures , fol. . and wherein consisted the difference between those two authorities and titles , and the commissions for the exercise of them is not easy to find out : but the thing then principally design'd was to suppress the religious houses belonging to the regular clergy , which were great supports to the popish hierarchy , not at all to impeach the lawful power and jurisdiction of episcopacy ; for we find at the same time as cromwell's commissions were in force , and had been then but newly passed , that cranmer arch-bishop of ▪ canterbury , made his metropolitical visitation ; under which ( as i conceive ) most properly falls the conusance of any contempt or abuse committed by any of his suffragan bishops ; if not in a * provincial synod , archiepiscopi jurisdictioni subsunt immediate suffraganti . see lind. provin . the exclusion of the pope in the time of king hen. viii . made no diminution of the power or jurisdiction of the clergy , as to determining of ecclesiastical causes , or making canons , constitutions and other synodical acts , as is rightly observ'd by dr. heylin in his introduction to the history of laud late arch-bishop of canterbury ; upon this ground it is , that to this day they exercise all manner of ecclesiastical jurisdiction in their own names , and under the distinct seals of their offices , the statutes that made some alteration in the matter being all repealed : see dr. heylin's introduct . aforesaid , ibid. fol. . the legislative power in matters ecclesiastical continues in the convocation for making canons and constitutions confirmed by the king and parliament ; discipline and the admonition still resides in the bishops and those under them . in case of any irregularity in the metropolitan , resort must doubtless be to the head of the church upon earth ( the king ) as it was in the case of arch-bishop abbot , who shooting at a deer unfortunately kill'd the keeper ; and his jurisdiction ( he being suspended ) was supplyed by commission , as you may read in dr. heylin of the life of arch-bishop laud , in the th fol. of the book it self , but more fully , fol. . the bishop of london is next in place and dignity to the metropolitans , see his priviledges , ibid. . see dr. heylin's judgment in the work of reforming the church , either in doctrine or exercise of the discipline , pertinent to the matter now in hand , but in point of law it would be no very difficult thing to discover him to be mistaken , fol. . see the power of the metropolitan , and of the appeal from him to a provincial synod , and a stop put there , and a ne ultra , and that there is no vicar upon earth appointed to be the supream judge in ecclesiastical matters in the opinion of the council of nice , discours'd of by dr. stilling fleet in his antiquities of the british churches , fol. . but still it must be understood , that this fixed power in the ecclesiastical judges and courts in england , is deriv'd from the crown ; but now under the crown setled in this method not to be interrupted ; this is quoad * potestatem jurisdictionis non ordinis . finis . notes, typically marginal, from the original text notes for div a -e introduction . time and place not material , unless the defendant make them so , by his plea , ( as here . ) plea. conclusion of the plea. three points first point . first proposition . reason authority . the town-clerk of athens . the party to a suit. lord beauch . case . a difference . councellor . attorney . witness , juror . justa occasio lequendi . the minor proposition . the commons , as now elected , have ever been a part of the parliament . dr. heylin in the life of archbishop laud. sir rob. filmer . dugd. in his orig. juridic . mr. pryn in his preface to sir rob. cotton's abr. ( as he conjectures ) . dr. manwaring . pryns plea for the lords ● ● . king charles the second . fol. . fol. . of his works . the commons as now constituted , began before h. . rushw. hist. collec . part . fol. . proof that the house of commons have ever been a part of the parl. in his pref. to his th . rep. proof by records of parliament . e. . h. . nu . . h. . na . . mr. pryn , ut supra , fo . . addresses to the king ought to be with reverence . ● h. . thorpes case . ex●hequor records . h. . e. . in the exchequer . e. . s. albans . h. . num . . proof by acts of parliament . r. . parl. . c. . h. . pars da . numb . . historians and antiquaries . et populi conventus . seld. tit. of hon. pag. . in a case between the arch-bishop of york , and the bishop of worc. mag. char. h. . object . . fol. . the ancientest writ of summons , that mr. selden had seen for a peer , was but johannis . tit. of hon. , . mr. pryn's plea for the lords , fol. . but mis-paged . . object . h. . e. . e. . e. . e. . e. . e. . e. . h. . the indenture return'd by the sheriff of wiltshire , recites their trust in the same words , and pursues the words of the writ . h. . h. . e. . h. . object . pennings of ancient acts of parliament . petitions for freedom of speech , &c. tit. of honout fol. , . fol. . fol. . the freeholders grand enquest . fol. . & . e. . c. . & . elect. of sheriffs . the late e. of clarend . in his answ. to hobs. petition of right car. . stat. of provisors e. . mr. pryn's plea for the lords , , . all three estates one entire body and corporation . h. , . fineux ch. just. ferrer ' s case , crompt . jurisd . sir pierce de la mare . this is contradicted by mr. pryn , in his preface to sir cotton's abr. fol. , . the powers of parliament . of the power and jurisdiiction of the parliament . nothing acted in this present case , but what is within their power . the house of commons the grand inquest of the nation . the printing dangerfield's information . e. . c. search of records must be free. see the st . st. in such cases of reporting false news , viz. w. . c. . the reporter is only to be imprison'd till he have found out him of whom the word was moved . so is r. . c. . the stat. de scandalis magnatum . so is r. . c. . dier . the lady morirsons case crok .. . but more fully in marshes actions of slander . fol. . . if an action of slander be brought for reporting what another had said slanderously , the pl. in his declaration must aver that a. did never so report : the defendant may plead that in truth a. did so report , and it is a good plea , by tanfield . leonards rep. . p. . in an indictment upon the stat. of w. . c. . and r. . c. . for reporting false news , it was found billa vera as to the defendant's reporting the false news , but as to the maliciose & seditiose , ignoramus , and the defendant therefore , discharg'd . the persons too great to be so used . john , earl of moreton . so called eliz c. . . h. . c. . the house of commons call'd the honourable house in the petit. of rich. strode , which is part of the act. d . point . mr. pryn e contra in his preface to sir rob. cot. abr. but nothing clear . ●ac . c. . the like words . fol. . med. mr. pryn. ibid. . a resolve of all the judges in the point . sir rob. cott. abr. pag. . mr. pryn , in his plea for the lords , calls this a famous , memorable case , and says he was then ch . baron . a second resolution of all the judges in the point . a protestation of the commons against impeachments , other than in the house , &c. the like claim of the lords , and confirm'd by act. an act of parliament in the point . pryn's plea for the lords , fol. at large . h. . c. . memorials of the english affairs , fol. . see rushw. collect. part pag. . appendix to it pag. . the resolution of the commons in irewinnard's case is called the judgment of the most high court of parliament . if it had been clear that the king's-bench could have punished it , they would have begun with it there , but they try'd the council and the star-chamber first . king charles the second . fol. . ● iust. fol. . notes for div a -e h. . c. . * sir hen. heb●i ' s reports f. . it is said by the judges of the common-pleas , that the power of justice is in the king as sovereign originally , but afterwards setled in several courts , as the light being first made by god , was after setled in the great bodies of the sun and moon . and sir e. 〈◊〉 inst. f. . in the chapter of the court of kings-bench , to the same effect . * see the original of bishops courts and jurisdictions severed from the hundred court distinct from provincial and national synods , and that there were then ecclesiastical laws , the chartter of k. william he st . to remigius then bishop of linc. mr. selden's notes ad eadmerum f. . * sir ed. cokes . rep. the case of the kings ecclesiastical law , f. . * not by extraordinary commissions at the first instance , but only gradually upon appeales sir john davies reports fol. . the case of premunire . inst. . of appeals . this statute was the ground for commissions to hear and determine spiritual causes ad primam instanti●m . ☞ . inst. . dr. burnet's hist. of the reformation , . med . folii . * see dr. field of the church , fol. , . the antient canon requires the consent of , bishops to censure , judge and depose a bishop . * see mr. bagshaw's arguments in parliament against the canons made by the convocation , fol. . by the council of state. a proclamation. whereas colonel john lambert was, in order to the publique safety, and for reasons of high concernment to the peace of the nation, committed prisoner to the tower of london ... proclamations. - - england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the council of state. a proclamation. whereas colonel john lambert was, in order to the publique safety, and for reasons of high concernment to the peace of the nation, committed prisoner to the tower of london ... proclamations. - - england and wales. council of state. sheet ([ ] p.) printed by abel roper and tho. collins, printers to the council of state, london : [ ] at end: "wednesday aprill. . at the council of state at vvhitehall. ordered, that this proclamation be forthwith printed and published. william jessop, clerk of the council.". "col. john lambert, committed prisoner to the tower by the late parliament, has escaped. he is to surrender within hours. £ reward for his discovery."--steele. steele notation: safe- colonel safe. title from caption and opening lines of text. reproduction of original in the folger shakespeare library. eng england and wales. -- parliament -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation. whereas colonel john lambert was, in order to the publique safety, and for reasons of high concernm england and wales. council of state a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ by the council of state . a proclamation . whereas colonel john lambert was , in order to the publique safety , and for reasons of high concernment to the peace of the nation , committed prisoner to the tower of london , and there continued under restraint by order of the late parliament : and whereas the council of state is informed , that the said colonel john lambert hath broke prison , and made his escape out of the tower . the council do hereby charge , and require the said colonel john lambert , at his uttermost peril , to render himself to the council at whitehall , within twenty four hours after the publishing of this proclamation ; and they do strictly prohibit all and every person and persons from harbouring , sheltering , or in any kind concealing of the said colonel john lambert upon such paines and penalties as the said colonel john lambert is himself lyable to , for the high crimes whereof he stands guilty . and the council do hereby declare , that whosoever shall discover , and bring into them , the said colonel john lambert , shall have one hundred pounds given him as a gratuity , and reward for such his service . and all officers civil and military are required to give their best assistance to any person that shall make discovery of the said colonel john lambert , for the securing and bringing of him in safe custody to the council . wednesday aprill . . at the council of state at whitehall . ordered , that this proclamation be forthwith printed and published . william jessop , clerk of the council . london , printed by abel roper and tho. collins , printers to the council of state . second considerations concerning the high court of chancery, and the most excellent ordinance for the regulation and limitation of that court by edw. leigh, gent. leigh, edward, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) second considerations concerning the high court of chancery, and the most excellent ordinance for the regulation and limitation of that court by edw. leigh, gent. leigh, edward, - . [ ], p. printed by j.g. for rich. marriot, and are to be sold at his shop ..., london : . reproduction of original in bodleian library. eng england and wales. -- court of chancery. a r (wing l ). civilwar no second considerations concerning the high court of chancery, and the most excellent ordinance for the regulation and limitation of that cour leigh, edward b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion second considerations concerning the high court of chancery , and the most excellent ordinance for the regulation and limitation of that court . by edw. leigh gent. salus populi suprema lex . london , printed by i. g. for rich. marriot , and are to be sold at his shop in s. dunstans church-yard , fleet-street , . second considerations concerning the regulation of the high court of chancery . being , during the sitting of the late parliament assured of a strong endeavour to have the late ordinance of his highness and his councel for regulation and limitation of the chancery repealed , or with silence to fall to the ground , to the great prejudice of the common-wealth , i took the boldness ( though against my judgment , as to publication of any of mine own observations or conceptions ) to cause a small pamphlet to be imprinted to give notice to the commonwealth of the prejudice it was like to suffer by the repeal or expiration of that ordinance , with desire that all good people of this common-wealth would address themselves to the late parliament to take the ordinance and regulation of the chancery into consideration , and before the ending thereof , to take some course for the regulation of that court ; that matters there might not return to the former incertainties , delayes , absurdities and expences ; which was aimed at by those persons ( who ought out of conscience and duty to the common-wealth to have been more just and kind thereto ) that nevertheless have occasioned that evil and mischief since befallen the common-wealth by obtaining an act for the ordinance to continue no longer then until the ending of the late parliament . but that mischief that i then foresaw , being by the sudden dissolution of the late parliament happened , i have now again ventured to revive my former observations , professing that as in all my actions hitherto i have had no unjust aimes or ends to the disadvantage or detriment of any ; so my undertaking at this present is onely for the honour of his highness and his council , and the good and welfare of the common wealth , which all consciencious men in my judgment ought to promote . i have very many years been a suitor and a sufferer in that court , and thereby some experience is beaten into me ; that i am able to observe a great deal of difference between the chargeableness , tediousness and other inconveniences formerly there , and the great benefit and ease the people have enjoyed by the ordinance : and if in relation to it i say bonum est esse hic ; i am confident i shall have the concurrent desires and suffrage of every judicious honest person in the whole nation . for indeed , amongst the many things that time and corruption had made the object of reformation in this nation , nothing had more need of a regulation and reforming , then the high court of chancery ; which was formerly , and especially of later times , so chargeable to suitors in the prosecution and defence of their causes ; and so corrupt and uncertain in the practise thereof , that instead of a sanctuary to the oppressed , it was become a most intolerable burthen to the nation ; and ( notwithstanding all addresses to the long parliament ) so continued , until the parliament which began in the year . ( which was composed of persons , though perhaps not very learned states-men , yet doubtless men of very good and honest intention , and very sensible of the burthen of the nation , by whom it was voted to be taken away : ) but that parliament dissolving it pleased his highness to continue that court , it being indeed of very excellent use for the nation , and without which it cannot subsist as the common law now stands ; and both it and the common law being challenged by the people as their indubitate birth-right . yet notwithstanding his highness was pleased to appoint divers of the long robe to consider of a way for the regulation and reformation of that court : but they , ( for what reason i know not ) did not effect that good work , so much longed for , and needed by the people of this land . whereupon his highness by advice of his most h●norable council ( notwithstanding the other great and important business for the government and safety of the nation laid on them ) did make an ordinance for the regulation and limitation of that court , a better , or more accurate and excellent this land and nation never saw , which after much strugling , almost a year after the making thereof , was put in execution ; whereat ( as no good man could take exception , so ) none but those concerned in point of a corrupt interest , could , or did speak against : and it may be well observed , that since the same was put in execution , no complaints have been heard against it from the people , for whose good and ease chiefly the same was made . yet nevertheless since the beginning of the late parliament , some unnecessary , burthensome officers , which either had part of their former unconscionable gain taken from them , or else their office set aside as unnecessary , have been indefatigable in their endeavours , to get that most excellent ordinance expelled . and a committee of parliament being appointed for the view of the ordinance made by his highness in the interval of parliaments , that ordinance was most especially struck at , through the clamours of those late unnecessary officers of that court , who aimed not at the good of their countrey , but their own unconscionable gain . nevertheless it pleased the parliament to refer the matter to another committee to amend that regulation , setled by the ordinance ( if they saw cause ) and to send for parties , papers , &c. which committee accordingly meeting , the attorneys by command , and the late six clerks attended them ; where the counsel for the six clerks was heard in a most tedious and impertinent discourse : and the attorneyes receiving then a command from that committee , to prepare their reasons in writing ; and to set forth wherein the ordinance was good or bad for the people , and a very short time given them to that purpose , they ( as i have heard ) accordingly prepared their reasons , and attended to have presented them to the committee . but the committee not afterwards meeting , the attorneys reasons could not be presented to them ; and the ordinance being since by act of parliament onely to continue during the sitting of the parliament ; the parliament being dissolved , the late six clerks without right or authority have re-assumed the places by them formerly held , though the office of a six clerk is utterly abolished by the ordinance of regulation , and the act of parliament for confirmation thereof , although indeed the ordinance be unhappily expired through the art and industry of those whom the common-wealth hath no reason to thank for their pains . and those unnecessary officers do again contrary to the order of the right honourable the lords commissioners of the great seal of england , made after two solemn debates by learned counsel on both sides , exact the unconscionable exorbitant fees by them formerly taken , and endeavour to introduce the former corrupt and dilatory way of practice and proceedings in that court , to the great prejudice of the common-wealth . it therefore concerneth all honest-minded people of this nation , that they make their humble addresses to his highness and his most honourable councel ; that they take the ordinance into consideration ; and that what shall appear to be good therein may be confirmed ; and what shall be found therein to be short for the intended welfare of the nation , may be supplied ; and what appeareth to them to be any way discommodious to the people ( if any such thing there be ) may be amended ; that so , so good a constitution may not fall to the ground unregarded , which hath with so much deliberation and resolution , been appointed for the good and ease of the people . and to the end the people may be the better informed of the advantage they have , and shall receive by that ordinance , it were to be wished that those reasons that the attorneys or clerks of the chancery had provided to be presented to the committee of parliament , were made publick : but as there is just cause to fear that in them the arrow was not drawn to the head ( in their composing , there being a great opposition , as i have been informed , even amongst themselves ) so without doubt they are now suppressed through the influence and awe the before-mentioned unnecessary officers have over the abject and private spirits of the present attorneys . the ordinance in the first place provides a convenient number of attorneys , who are to solicite and manage the clients cause for s — d. a term , which fee was formerly received by the six clerks , for doing nothing at all for the benefit of the client , who was forced either to imploy a solicitor to manage his business , to his great loss , or else to manage it himself : whereby his cause oftentimes miscarried through ( either his own or his solicitors ) ignorance . for the other matters formerly done by the six clerks , it is by the ordinance provided to be done by three chief clerks , who have fees amounting to l. a year apiece , which is a competent allowance for their labour , they being to file the pleadings and records , to have an inspection upon the attorneys , to make certificates of matters referred to them by the court , touching the regularity of proceedings to set down causes for hearing , and tax-costs ; all which was better done by them , than ever it was done by the six clerks ▪ saving that the chief clerks , who were three of the late six clerks , did not in some things pursue the ordinance according to their duty . now this and the abatement of fees , are the things that were struck at by the late six clerks , and other useless officers , whose pretence is , that their places , and the old fees are their free-hold , and therefore ought not to be taken from them ; that they purchased their places , and that they are of great antiquity . as to their freehold , i wonder whose freehold their places had been , if the little parliament had passed an act for taking away the court , as the former parliament did for taking away the star-chamber , and high-commission court ; and this parliament the court of wards : in which divers as useful officers as they , without reparation lost their places , as much their free-hold as the six clerks , and also purchased at as dear rates . but the six clerks may see their own unjust practice justly retaliated on them , that used at their pleasures , without cause , to turn out the clerks bred up there into the wide world , to sterve , if they had nothing else to live upon . besides , they cannot chuse but know there is a law still in force against buying of offices ; which law ( if they bought their places ) they have transgressed , and thereby ipso facto forfeited them : but they may please to remember that those places were conferred on four of the six by the late long parliament for a temporary supply in regard of their alledged losses , the same being sequestrated or taken away for delinquency from the former six clerks , two whereof are still alive , and have more reason to complain then those who by the profits of the places , and the labours of other men have not onely been repaid what ever they lost , but have exceedingly enriched themselves . and for their antiquity , it is very apparent that the number of clerks or attorneys of that court was in old times uncertain , sometimes more , sometimes less , as the business of the court required : for in edward the first●s time they were six ; afterwards they were reduced to three : and in richard the second's time they were increased to six again , in which number they found the means to continue ; and at first did the business of the court and client , and officiated as registers and examiners , and sometimes made motions in court ; but for above an hundred years past have ceased to act as attorneys , and onely acted as prothonotaries in other courts , being an oppression both to the people and over their clerks , who have ever since performed the office of attorneys , and done the business of the court , and clients who retained , imployed , and trusted them , and not the six clerks . and the business of the court being now so much increased that six clerks cannot possibly do it , it is hoped that is no more injustice to increase the number of attorneys now , than it was in times past . and certainly the office of an attorney being not executable by a deputy , the six clerks can no more claim to be attorneys , than the prothonotaries of other courts . and i hope the six clerks will be so ingenuous as to confess , that besides the impossibility for them to sollicite the clients causes , not one or all of them togethe are able to do any thing belonging to an attorney or clerk to do , viz. to draw all special writs , commissions , decrees , dismissions , and to make and write all other writs , and copy records . this being true , why should they be paid for what they neither do , or know how to do ; or monopolize the place of an attorney which they cannot execute ? thus i hope it is apparent their removal is no injustice , and that the increase of the number of attorneys is a benefit to the common-wealth ; and there is no doubt but if the ordinance , as to the officers , clerks , and attorneys of the court , were put more strictly and duly in execution , it would be of admirable benefit to all suitors , and those that are sued in that court ; for the tediousness of suits is by the ordinance very well provided against , as also divers writs , as subpoena's to make a better answer , and to rejoyn , are taken away ; as likewise whereas before , when witnesses were examined in court , or by commission ex parte it was ordinarily two or three termes before publication could passe , now it is provided in the ordinance to pass in a week . not to speak of the plaintiffs giving security , because i think little use was made of it , and it was a great trouble and charge to the party : but yet there is an act of parliament for it in henry the sixths time , and so it was but an old law newly revived , and that and the filing of bills before the awarding of the subpoena's according to the prayer of the bill , was a means to hinder men from bringing frivolous and vexatious suits ; a thing too often practised in that court . and the taking of answers in the country by masters extraordinary is of great use to the people , the same being formerly done by a commission wherein the tenor of the bill was included , for which the client paid six-pence a sheet , though the same were of no use at all , there being a copy of the bill taken , by which the defendants answer was alwayes drawn , before the commission was opened : but if the commission were amended , and the clause of including the tenor of the bill , omitted , i believe it would be a greater ease to the people , who were often enforced to travel many miles to a master extraordinary , to swear to their answers ; & would also save some charges and expences ▪ likewise the making of all writs open cannot but be a great satisfaction to the people , they being thereby enabled to see whether the writ have any mistake in it or not , whereas while they were close , the client was often put to a deal of fruitless charge , especially in the commissions , to examine witnesses , as i my self have found by experience ; and likewise it is left by the ordinance at the clients liberty to execute a commission in any place , which without doubt is , and may be of good consequence for the amicable ending of suits , especially if the commissioners be men of judgment and integrity . and there are some abuses which may be committed in the examiners office , which is impossible to be discovered when it is done : for a man may be examined in his own cause , and may procure his own witnesses to be cross examined on the other side , and so prevent any exceptions to their persons or testimony , of both which there hath been of late complaints ; which enormity is impossible to be committed at the execution of commissions . also the frequent renewing of commissions , tending onely to delay , is well provided against by the ordinance , and the defendants having a duplicate , is of advantage to him , especially in cases where his witness are ancient and sickly . likewise the granting of injunctions meerly upon the course of the court , viz. upon the defendants taking a commission to answer sitting in contempt , or making an insufficient answer , was heretofore a great grievance to the nation , but very well provided against by the ordinance , to be granted onely upon sound and satisfactory grounds . and also whereas heretofore a defendant could hardly put in any answer but the plaintiff would put in exceptions so it , which were referred to a master , who usually favoured the plaintiff , and so the client was put to a double charge ; now by the ordinance it is provided that only the master of the rolls shall hear them : and the most honourable and judicious gentleman the present master of the rolls hath so impartially heard those matters , that it is believed the putters in of frivolous exceptions have little encouragement thereto for the future , wch is also a great ease to the people . likewise the making of orders upon whispering petitions is provided against , and orders to be made onely upon motion in court ; and therein also the right honorable the lords commissioners of the great seal are much to be honored for their order of notice upon motions . and the provisions in the ordinance concerning mortgages , are very just and impartial , and the mortgager hath thereby a convenient time for redemption of his land , and the other a sure way for recovery of his just debt , which formerly he received by minute parcels , whereas his mortgage money was lent in grosse , and the mortgager often enforced to an accompt after twenty years possession , to his great and intolerable damage . also the provision for references to be determined by three of the six masters of the chancery in ordinary together , is most excellent : the benefit to the people by it is very apparent , and i my self cannot but recompt it as beneficial in my particular cases , with gratitude for the justice by them done . and i shall not much insist on this particular , because the grievances formerly were crying , and universally known and felt , and the parties that did the wrong are deceased , and therefore i wish their doings may be buried with them ; and i have so much charity as to hope they did according to their judgments : and it shall be my prayer that the ordinance may be punctually observed , and neither masters nor their register , for any respects whatsoever , recede from their directions in and by the ordinance ; and then it must be a new generation that will complain against them ( i have good reason to hope this will not ) if they have done , and shall persevere to do according to the ordinance . it is also provided by the ordinance , that the registers places shall not be executed by deputies , which i hope no man will speak against ; for what reason is there that another person should have a tribute out of the labour of men who spend a great part of their age in attaining to ability in their profession , and then take a great deal of pains to do the clients business ? why should the poor client pay fees to another by whom he receives no benefit ? and the allowance yielded to the labourer there , by the unnecessary ignorant officer , so mean , that if the client had not yielded a supply , there was not a sufficient recompence for the care and labour taken by those that were deputies formerly , but now stand on their own leggs : and sure i am that if the ordinance as concerning the registers be duly and conscionably observed , none will find fault but those persons , who without art or conscience would thrust themselves into places they are not able to execute . the ordinance also provides well that the chief examiners do examine all the witnesses themselves , and not by deputies , and if they are not able so to do , either through their own incapacity , or the multiplicity of business , if the present examiners be removed , or others of ability and honesty be added to them , i hope it will not be a grievance worthy of any complaint . the great cry against the ordinance under colour whereof the cashiered officers have thrust in this head of their serpentine complaints , is , that the court must not relieve against new bonds , and that legacies shall be sued for at law : i conceive that at the making of the ordinance a provision was intended in those cases for a relief to be had at the common-law . but if upon second thoughts the chancery shall be thought the fittest court to give relief therein , i wish the suitors speec'y and just relief there . likewise the fees are lessened to half what they were before , or less , which i hope will be confessed to be an ease to the people . and i much wonder that the six clerks and other officers of the court should presume to claim a free-hold in the old unconscionable fees , for they took them formerly but by prescription , which is by the ordinance and act for confirmation of it , not onely interrupted , but a new establishment made , and since that law is now expired , there is no absolute power in any to demand any fees ; but those who do the clients business , may properly demand satisfaction for their labour as much as they shall honestly deserve , to be allowed by the lords commissioners for the great seal , who are the sole judges of the court ; & the useless officers who do nothing for the client have no right to any thing at all . i shall not grudge at the fees given to counsel , and onely pray that those gentlemen may have pity and compassion on the poor suitors to the court , and that they press not an evil cause too far . i could have wished that some abler pen might have shewed the usefulness of this ordinance to the people , being my self , i confess , insufficient to do it : but by this imperfect discovery , the perfection of that excellent constitution may in part appear . and the drift of this endeavour being for the information of the people , and for their good and advantage , i hope the imperfections thereof will be pardoned ; and that the adversaries of the peoples welfare will not prevail against this ordinance , which was by the supreme magistrate of this common-wealth , and his councel , with so great wisdom and exactness provided for their good . and if i am censured for that herein i do seem to adhere unto the right and interest of the attorneys , i shall give this reason , that i am sensible of the care and pains by them taken in the business wherewith they are intrusted , and in my judgment the labourer is worthy of his wages : and as at first what was given was but for the satisfaction of the party that did the business ; so i think still , he that doth my business , ought to have what in conscience he merits for it , and not that the six clerks , who never in the least assist me in managing my cause , should have the greatest part of the fees i pay . but i shall leave the attorneys to assert their own interest , who being sworn into a calling and imployment , i conceive cannot be legally devested thereof during their lives , unless they demean themselves amiss , which i hope they will be careful to prevent . and i much desire a strict government in that court , and a super-intendency over the attorneys ; for surely although the six clerks practice was heretofore so , and will be so again , ( if they are admitted into their former places ) yet the attorneys ought not to do as they list . and it being the office of the master of the rolls to be super-intendent over the clerks of the court , he having now many other affairs , if he appoint one chief clerk , or secondary , to do those things appointed by the ordinance to be done by the three chief clerks , i think it just that such super-intendent officer have a recompence suitable to the honour of the place he is employed in : but as to have many governours is no blessing to a common-wealth , so i think one experienced over-seeing clerk will suffice to do what is appointed by the ordinance to be done by the chief clerks , and a greater number will onely breed confusion , and be an unnecessary burthen and charge upon the suitors . finis . ouranōn ourania, the shaking and translating of heaven and earth a sermon preached to the honourable house of commons in parliament assembled on april , a day set apart for extraordinary humiliation / by john owen. owen, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing o ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ouranōn ourania, the shaking and translating of heaven and earth a sermon preached to the honourable house of commons in parliament assembled on april , a day set apart for extraordinary humiliation / by john owen. owen, john, - . [ ], p. printed by m. simmons, and are to be sold by john cleaver ..., london : . first two words of title transliterated from greek. advertisement on t.p. reproduction of original in thomason collection, british library. eng england and wales. -- parliament. bible. -- n.t. -- hebrews xii, -- sermons. sermons, english. a r (wing o ). civilwar no ouranōn ourania· the shaking and translating of heaven and earth. a sermon preached to the honourable house of commons in parliament assemb owen, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris . april . . ordered by the commons assembled in parliament , that sir william masham do give hearty thanks from this house to mr. owen , for his great pains in his sermon preached before the house yesterday at margarets westminster ; and that he be desired to print his sermon at large , as he intended to have delivered it ( if time had not prevented him ) wherein he is to have the like liberty of printing thereof , as others in like kinde usually have had . hen : scobell cler. parliament . ΟΥΡΑΝΩΝ ΟΥΡΑΝΙΑ . the shaking and translating of heaven and earth . a sermon preached to the honourable house of commons in parliament assembled : on april . a day set apart for extraordinary humiliation . by john owen . isaiah . . . and when ye see this , your heart shall rejoyce , and your bones shall flourish like an herb : and the hand of the lord shall be known towards his servants , and his indignation towards his enemies . for by fire , and by his sword , will the lord plead with all flesh : and the slain of the lord shall be many . london : printed by m. simmons , and are to be sold by john cleaver , at his shop in paul's church-yard near the school . . where also are to be sold the authors former sermon , preached the th . of january , . and likewise his sermons for a memoriall of the deliverance of essex county and committee . to the right honorable the commons of england assembled in parliament . sirs , all that i shall preface to the ensuing discourse , is , that seeing the nations welfare and your own actings are therein concerned ; the welfare of the nation , and your own prosperity in your present actings , being so neerly related as they are to the things of the ensuing discourse , i should be bold to presse you to a serious consideration of them as now presented unto you , were i not assured by your ready attention unto , and favourable acceptation of their delivery , that being now published by your command , such a request would be altogether needlesse . the subject matter of this sermon being of so great weight and importance as it is , it had been very desireable , that it had fallen on an abler hand , as also that more space and leasure had been allotted to the preparing of it , first for so great , judicious , and honorable audience ; and secondly , for publick view , then possibly i could begge from my daily troubles , pressures and templations , in thee midst of a poore , numerous provoking people . as the lord hath brought it forth , that it may be usefull to your honorable assembly , and the residue of men that wait for the appearance of the lord jesus , shall be the sincere indeavour at the throne of grace , of coggeshall : may . . your most unworthy servant , in the work of the lord , john owen . a sermon preached to the honorable house of commons , upon thursday the th . of april . being by order of that house especially appointed for a day of humiliation . hebr. . . and this word , yet once more , signifieth the removing of those things that are shaken , as of things that are made , that those things which cannot be shaken may remain . the main designe of the apostle in this scripture to the hebrews , is to prevail with his countrey-men who had undertaken the profession of the gospel , to abide constant and faithfull therein , without any apostasie unto or mixture with judaisme , which god and themselves had forsaken , fully manifesting , that in such back-sliders the soul of the lord hath no pleasure . chap. . . a task , which whoso undertaketh in any age , shall finde exceeding weighty and difficult , even to perswade professors to hold out , and continue in the glory of their profession unto the end , that with patience doing the will of god , they might receive the promise ; especially if there be lyons in the way , if opposition or persecution do attend them in their professed subjection to the lord jesus . of all that deformitie and dissimilitude to the divine nature which is come upon us by the fall , there is no one part more eminent , or rather no one defect more evident , then inconstancie and unstablenesse of minde , in embracing that which is spiritually good . man being turned from his unchangeable rest , seeks to quiet and satiate his soul with restlesse movings towards changeable things . now he who worketh all our works for us , and in us , isa. . . worketh them also by us : and therefore that which he will give , he perswades us to have , that at once his bounty , and our duty , may receive a manifestation in the same thing . of this nature is perseverance in the faith of christ , which as by him it is promised , and therefore is a grace , so to us it is prescribed , and thereby is a duty . petamus ut det , quod ut habeamus jubet : august . let us ask him to bestow , what he requires us to enjoy . yea , da domine quod jubes , & jube quod vis : give what thou commandest , and command what thou pleasest . as a duty it is by the apostle here considered , and therefore pressed on them , who by nature were capeable , and by grace enabled for the performance thereof . patheticall exhortations then unto perseverance in the profession of the gospel , bottomed on prevalent scripturall arguments , and holy reasonings , are the summe of this epistle . the arguments the apostle handleth unto the end proposed , are of two sorts : . principall . . deductive , or emergencies from the first . . his principall arguments are drawn from two chief fountains : . the author , and , . the nature and end of the gospel . the author of the gospel is either . principall and immediate , which is god the father , who having at sundrie times and in divers manners formerly spoken by the prophets , herein speaketh by his son ; chap. . . . concurrent and immediate , jesus christ , this great salvation being begun to be spoken to us by the lord . chap. . . this latter he chiefly considereth , as in and by whom the gospel is differenced from all other dispensations of the minde of god . concerning him to the end intended , he proposeth . his person , . his employment . for his person , that thence he may argue to the thing aymed at , he holdeth out , . the infinite glory of his deity : being the brightnesse of his fathers glory , and the expresse image of his person : chap. . . . the infinite condescension of his love , in assuming humanity , for because the children were pertakers of flesh and blood , he also himself took part of the same . chap. . . and from the consideration of both these , he presseth the main exhortation which he hath in hand , as you may see , chap. . , . chap . , , &c. the employment of christ he describeth in his offices , which he handleth . positively , and very briefly , chap. , , . . comparatively , insisting chiefly on his priesthood , exalting in sundrie weighty particulars , above that of aaron , which yet was the glory of the jewish worship , and this at large , chap. , , , , . and this being variously advanced and asserted , he layeth as the main foundation , upon which he placeth the weight and stresse of the main end pursued , as in the whole epistle is every where obvious . ii. the second head of principall arguments he taketh from the gospel it self , which considering as a covenant he holdeth out two wayes : . absolutely , in its efficacy in respect of . justification , in it god is mercifull to unrighteousnesse and sins , and iniquities he remembers no more : chap. . . bringing in perfect remission , that there shall need no more offering for sin : chap. . . . sanctification , he puts his laws in our hearts , and writes them in our minds , chap. . . in it , purging our consciences by the blood of christ , chap. . . . perseverance , i will be to them a god , and they shall be to me a people : chap. . . all three being also held out in sundrie other places . . respectively to the covenant of works , and in this regard assignes unto it principall qualifications , with many peculiar eminencies them attending , too many now to be named : now these are , . that it is new , he saith a new covenant , and hath made the first old . chap. . . . better ; it is a better covenant , and built upon better promises : chap. . , . . surer , the priest thereof being ordained , not after the law of a carnall commandment , but after the power of an endly life : chap. . . . vnalterable , so in all the places before named , and sundry others . all which are made eminent in its peculiar mediator jesus christ , which is the summe of chap. . and still in the holding out of these things , that they might not forget the end for which they were now drawn forth , and so exactly handled , he interweaves many patheticall intreaties , and pressing arguments by way of application , for the confirming and establishing his countrey-men in the faith of this glorious gospel , as you may see almost in every chapter . . his arguments lesse principall , deduced from the former , being very many , may be referred to these . heads . . the benefits by them enjoyed under the gospel . . the example of others , who by faith and patience obtained the promises : chap. . . from the dangerous and pernicious consequence of back-sliding , of which onely , i shall speak . now this he setteth out . wayes . . from the nature of that sin , it is a crucifying to themselves the son of god afresh , and putting him to open shame . chap. . . a treading under foot the son of god , counting the blood of the covenant an unholy thing , and doing despite to the spirit of grace : chap. . . . the irremedilesse punishment which attends that sin : there remains no more sacrifice for it , but a certain fearfull looking for of judgement , and fiery indignation that shall consume the adversaries : chap. . , . . the person against whom peculiarly it is committed , and that is he who is the author , subject , and mediator of the gospel , the lord jesus christ ; concerning whom for the aggravation of this sin , he proposeth two things . . his goodnesse and love , and that in his great undertaking to be a saviour , being made like unto his brethren in all things , that he might be a mercifull and faithfull high priest in things pertaining to god , to make reconciliation for the sins of the people : chap. . . and of this , there is a sweet and choise line , running through the whole discourse , making the sin of back-sliding , against so much love and condescension appear exceeding sinfull . . his greatnesse or power , which he sets out . wayes : . absolutely , as he is god to be blessed for ever : chap. and it is a fearfull thing to fall into the hands of the living god : chap. . . . comparatively , as he is the mediator of the new covenant in reference to moses . and this he setteth forth as by many and sundry reasonings in other places of the epistle , so by a double testimony in this th . chapter , making that inference from them both , which you have v. . see that you refuse not him that speaketh , for if they escaped not who refused him who spake on earth , how much more shall not we escape if we turn away from him who speaketh from heaven . now the first testimony of his power , is taken from a record of what he did heretofore ; the other , from a prediction of what he will do hereafter . the first you have , v. . in the first part of it : his voice then shook the earth : then , that is , when the law was delivered by him , as it is described v. , , . foregoing . when the mountain , upon which it was delivered , the mediator moses , into whose hand it was delivered , and the people , for whose use it was delivered , did all shake and tremble , at the voice , power and presence of christ , who , as it hence appears , is that jehovah who gave the law . exod. . . the other in the same verse is taken from a prediction , out of haggai , . . of what he will do hereafter , even demonstrate and make evident his power beyond what ever he before effected , he hath promised , saying , yet once more i shake not the earth onely , but also the heavens . and if any one shall ask , wherein this effect of the mighty power of the lord jesus consisteth , and how from thence professors may be prevailed upon to keep close to the obedience of him in his kingdom , the apostle answers , v. . and this word , yet once more , signifies the removing of those things that are shaken , as of things that are made , that those things which cannot be shaken may remain . and thus am i stepped down upon the words of my text , finding them in the close of the arguments drawn from the power of christ , to perswade professors to constancy in the paths of the gospel ; and having passed through their coherence , and held out their ayme and tendance , their opening and application comes now to be considered : and herein these . things . . the apostles assertion , the things that are shaken shall be removed , as things that are made . . the proof of this assertion , this word , once more , signifieth , no lesse . . his inference from this assertion , thus proved : the things that cannot be shaken must remain . in the first i shall consider , . what are the things that are shaken . . what is their shaking . . what their removall being shaken . for the first , there is great variety of judgement amongst interpreters ; the fore-going verse tells us it is not onely the earth , but the heaven also ; but now what heaven and earth this should be , is dubious , is not apparent . so many different apprehensions of the minde of god in these words , as have any likenesse of truth , i must needs recount and remove , that no prejudice may remain from other conceptions , against that which from them we shall assert . the earth ( say some ) is the men of the earth , living thereon : and the heavens are the angels , their blessed inhabitants : both shaken , or stricken with amazement upon the nativity of christ , and preaching of the gospel . the heavens were shaken , when so great things were accomplished , as that the angels themselves desired to look intt hem . pet. . . and the earth was filled with amazement when the holy ghost being powred out upon the apostles for the preaching of the gospel , men of every nation under heaven were amazed , and marvelled at it . act. . , , . thus ro●locus , piscator , and sundry other famous divines : but , . the shaking here intimated by the apostle , was then when he wrote under the promise , not actually accomplished as were the things by them recounted : for the holds it forth as an issue of that great power of christ which he would one day exercise for the further establishment of his kingdom . . this , that now is to be done , must excell that which formerly was done at the giving of the law , as is clearly intimated in the inference , then he sho●k the earth , but now the heavens also , ( it is a gradation to an higher demonstration of the power of christ ) which that the things of this interpretation are , is not apparent . . it is marvellous these learned men observed not , that the heavens and earth shaken , v. . are the things to be removed , ver. . now how are angels and men removed by christ ? are they not rather gathered up into one spirituall body and communion ? hence , ver : . they interpret the shaken things to be judaic●ll ceremonies , which , v. . they had said to be men and angels . . others by heaven and earth understand the materiall parts of the worlds fabrick , commonly so called : and by their shaking , those portentous signes and prodigies , with earthquakes , which appeared in them , at the birth , and death of the lord jesus . a new star , preternaturall darknesse , shaking of the earth , opening of graves , renting of rocks , and the like , are to them this shaking of heaven and earth . so junius , and after him , most of ours . but this interpretation is obnoxious to the same exceptions with the former , and also others : for , . these things being past before , how can they be held out under a promise ? . how are these shaken things removed , which with their shaking they must certainly be , as in my text ? . this shaking of heaven and earth is ascribed to the power of christ as mediator , whereunto these signes and prodigies cannot rationally be assigned , but rather to the soveraignty of the father bea●ing witnesse to the nativity and death of his son : so that neither can this conception be fastned on the words . . the fabrick of heaven and earth is by others also intended , not in respect of the signes and prodigies formerly wrought in them ; but of that dissolution , or as they suppose alteration , which they shall receive at the last day : so paraeus grotius , many more . now though these avoid the rock of holding out as accomplished what is onely promised , yet this glosse also is a dresse disfiguring the minde of god in the text . for , . the things here said to be shaken , do stand in a plain opposition to the things that cannot be shaken , nor removed ; and therefore they are to be removed , that these may be brought in . now the things to be brought in are the things of the kingdom of the lord jesus : what opposition , i pray , do the materiall fabrick of heaven and earth stand in to the kingdom of the lord jesus ? doubtlesse none at all , being the proper seat of that kingdom . . there will on this ground , be no bringing in of the kingdom of the lord jesus , untill indeed that kingdom in the sense here insisted on is to cease , that is after the day of judgement , when the kingdom of grace shall have place no more . those are the most materiall and likely mistakes about the words ; i could easily give out , and pluck in again . or . other warping senses , but i hope few in these dayes of accomplishing will once stumble at them ; the true minde of the spirit , by the help of that spirit of truth comes next to be unfolded . and first what are the things that are shaken . . as the apostle here applyes a part of the prophesie of haggai , so that prophesie even in the next words gives light into the meaning of the apostle . look what heaven and earth the prophet speaks of , of those and no other speaks the apostle . the spirit of god in the scripture is his own best interpreter . see then the order of the words as they lye in the prophet . hagg. . , . i will shake heaven and earth : i will shake all nations . god then shakes heaven and earth , when he shakes all nations : that is , he shakes the heaven and earth of the nations . i will shake heaven and earth , and i will shake all nations , is a pleonasme , for , i will shake the heaven and earth of all nations . these are the things shaken in my text . the heavens of the nations what are they ? even their politicall heights and glory , those forms of government which they have framed for themselves and their own interest : with the grandeur and lustre of their dominions . the nations earth is the multitudes of their people , their strength and power , whereby their heavens or politicall heights are supported . it is then neither the materiall heavens and earth , nor yet mosaicall ordinances , but the politicall heights and splendour , the popular multitudes and strength of the nations of the earth , that are thus to be shaken , as shall be proved . that the earth in propheticall descriptions or predictions of things , is frequently , yea almost alwayes taken for the people and multitudes of the earth , needs not much proving . one or two instances shall suffice . revel. . . the earth helped the woman against the stood of the dragon , which that it was the multitudes of earthly people , none doubts . that an earthquake or shaking of the earth , are popular commotions , is no lesse evident from revel. . . where by an earthquake great babylon receives a fatall blowe . and for the heavens , whether they be the politicall heights of the nations , or the grandeur of potentates , let the scripture be judge ; i mean when used in this sense of shaking , or establishment . isa. . , . i am the lord thy god , who divided the sea , whose waves roared : the lord of hosts is his name . and i have put my words in thy mouth , and have covered thee in the shadow of mine hand , that i may plant the heavens , and lay the foundations of the earth , and say unto sion , thou art my people . by a repetition of what he hath done , he establisheth his people in expectation of what , . he will do . and first he minds them of that wonderfull deliverance from an army behind them , and an ocean before them , by his miraculous preparing dry paths for them in the deep . i am the lord who divided the sea , whose waves roared . . of his gracious acquainting them with his minde , his law and ordinances at horeb , i have put ( saith he ) my words in thy mouth . . of that favourable and singular protection afforded them in the wildernesse ; when they were encompassed with enemies round about : i covered thee in the shadow of mine hand . now to what end was all this , why , saith he , that i might plant the heavens , and : lay the foundation of the earth . what! of these materiall visible heavens and earth ? yeers before at least , were they planted and established : it is all but making of zion a people , which before was scattered in distinct families . and how is this done ? why the heavens are planted , or a glorious frame of government and politie is erected amongst them , and the multitudes of their people are disposed into an orderly commonwealth , to be a firm foundation and bottome , for the government amongst them . this is the heavens and earth of the nations which is to be shaken , in my text . isa. . . all the host of heavens shall be dissolved , and the heavens shall be rolled together as a scrole , and all their host shall fall down as the leaf falleth from the vine . now these dissolved , rolled heavens , are no other , but the power and heights of the opposing nations , their government and tyranny , especially that of idumea , as both the fore-going and following verses do declare . the indignation of the lord ( saith he ) is upon the nations , and his fury upon their armies , he hath delivered them to the slaughter , their slain , &c. jerem. . , , . i beheld the earth , and lo , it was without form and void : and the heavens , and they had no light . i beheld the mountains , and lo , they trembled , and all the hils moved lightly . here 's heaven and earth shaken ; and all in the rasing of the politicall state and common-wealth of the jews by the babylonians , as is at large described in the verses following . ezek. . . i will cover the heaven , and make the stars thereof dark : i will cover the sun with a cloud , and the moon shall not give her light . and all the bright lights of heaven will i make dark over thee , and set darknesse upon thy land , saith the lord god : behold heaven and earth , sun , moon and stars , all shaken and confounded , in the destruction of egypt , the thing the prophet treats of , their kingdome and nation being to be ruined . not to hold you too long , upon what is so plain and evident , you may take it for a rule , that in the denuntiations of the judgements of god , through all the prophets , heavens , sun , moon , stars , and the like appearing beauties and glories of the aspectable heavens , are taken for governments , governors , dominions in politicall states , as isa. . , , , . jer. . . chap. . . furthermore , to confirm this exposition , st. john in the revelation holds constantly to the same manner of expression . heaven and earth in the book are commonly those which we have described . in particular , this is eminently apparent , chap. . , , , , ver : and i beheld , and when he had opened the sixth seal , there was a great earthquake , and the sun became black as sackcloth of hair , and the moon became as blood . and the stars of heaven fell unto the earth : and the heaven departed as a scrowl when it is rolled together , and every mountain and island were moved out of their places , &c. the destruction and wasting of the pagan romish state , the plagues and commotions of her people , the dethroning her idoll-worship , and destruction of persecuting emperors , and captains , with the transition of power and soveraignty from one sort to another , is here held out under this grandour of words , being part of the shaking of heaven and earth in my text . adde lastly hereunto , that the promises of the restauration of god's people into a glorious condition after all their sufferings , is perpetually in the scripture held out under the same terms ; and you have a plentifull demonstration of this point . isa. . . behold , i create new heavens , and a new earth : and the former shall not be remembred , nor come into my minde . v. . be you glad and rejoyce for ever in that which i create , &c. pet. . . neverthelesse we according to his promise , look for new heavens and a new earth , wherein dwelleth righteousnesse . revel. . . i saw a new heaven and a new earth , for the first heaven and the first earth were passed away , and there was no more sea . the heaven and earth is restored , but the sea that shall be no more . those gatherings together of many waters , rivers from all places , or pretended clergie men from all nations , into generall counsels , which were the sea or many waters on which the whore sate , shall have no place at all , in the churches restored condition . i hope it is now fully cleared , what is meant by the things that are shaken : even the politicall heights , the splendor and strength of the nations of the earth , the foundation of the whole is laid , and our heap ( or building if your favour so accept it ) will go on apace ; for to the analogie hereof , shal the residue of the words be interpreted . the second thing considerable is , what is the shaking of these things ? to this the answer is now made brief and facile . such as are the things shaken , such must their shaking be . spirituall , if spirituall ; naturall , if naturall ; civill , if civill . now they being declared and proved to be civill things , such also is their shaking . now what is a civill shaking of civill constitutions ? how are such things done in the world ? what are these earthquakes ? truly the accomplishment hereof is in all nations so under our eyes , as that i need not speak one word thereunto . neither shall i insist upon the d inquiry , viz : when this shaking shall be ? the text is plain , that is must be previous to the bringing in of those things that cannot be moved : that is the prosperous estate of the kingdom of christ . only we may observe , that besides other shakings in particular nations of lesse generall concernment and importance ; this prophesie hath and shall receive a twofold eminent accomplishment , with reference unto a twofold eminent opposition , which the kingdom of christ hath met withall in the world . first from the pagan romane state , which at the gospel's first entrance held in subjection most of the chief provinces of the then known world . what were the bloody endeavours of the heaven and earth of that state for the suppression thereof is known to our children : the issue of the whole in the accomplishment of this promise , shaking those heavens and earth to pieces , i before pointed at from revel. . , , , . beginning in the plagues of the persecuting emperors , and ending in the ruine of the empire it self . but , . the unmoveable things were not yet in their glory to be brought in . more seed of blood must be sown , that the end of the gospels yeer may yeeld a plentifull harvest . that shaking was onely for vengeance upon an old cursed , and not for the bringing in of a new blessed state . the vials of gods wrath having crumbled the heavens and earth of pagan rome into severall pieces , and that empire being removed as to its old form , by the craft of satan it became moulded up again into a papall soveraignty , to exercise all the power of the first beast , in persecution of the saints . revel. . . this second pressure though long and sore must have an end ; the new moulded heaven and earth of papall antichristian rome , running by a mysterious threed , through all the nations of the west , must be shaken also : which when it is accomplished there shall be no more sea . there is not another beast to arise , nor another state to be formed ; let indeavours be what they will , the lord jesus shall reign . and this for opening of the first generall head . secondly , what is the removall of heaven and earth being shaken : the word here translated removall , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} whence that is come to passe , i dare not positively say . this doubtlesse is a common fault amongst translators , that they will accommodate the words of a text , to their own apprehension of the sense and matter thereof . understanding , as i suppose , that the things here said to be shaken , were the jewish ordinances , they translated their disposition , a removall ; as the truth is they were removed . but the word signifies no such thing . as it 's naturall importance from it's rise and composition is otherwise , so neither in the scripture or any profane author , doth it ever signifie properly a removall . translation , or changing , is the onely native , genuine import of it : and why it should in this place be haled out of it's own sphere , and tortured into a new signification , i know not . removall is of the matter , translation of the form onely . it is not then a destruction , and totall amotion , of the great things of the nations , but a change , translation and new moulding of them , that is here intimated . they shall be shuffled together almost into their primitive confusion , and come out new moulded for the interest of the lord jesus . all the present states of the world , are cemented together by antichristian lime , as i shall shew afterwards : unlesse they be so shaken as to have every cranny searched and brushed , they will be no quiet habitation for the lord christ , and his people . this then is the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of the heaven and earth of the nations . now this is evident , from that full prediction which you have of the accomplishment hereof , revel. . , , and . ver : . the kingdoms of the west receive power at one houre with the beast . ver. . in their constitution and government at first received , they give their power to the beast , and fight against the lambe . ver : . the lambe with his faithfull and chosen ones , overcomes them . there , their heaven and earth is shaken . ver. . their power is translated , new moulded , and becomes a power against the beast , in the hand of jesus christ . this then is the shaking and removall , in my text : which is said to be , as of things that are made : that is , by men , through the concurrence of divine providence for a season ( which making you have , revel. . : and . ) not like the kingdom of christ , which being of a purely divine constitution , shall by no humane power receive an end . the other parts of the text follow briefly . the next thing is the apostles proof of this assertion . and he tels you , this , once more , the beginning of the sentence he urged from the prophet signifies no lesse . the words in the prophet are , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} yet once , it is a little , meghat hi it is a little , is left out by the apostle , as not conducing to the businesse in hand . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ( as he rendreth hodachath ) are a sufficient demonstration of the assertion . in themselves they hold out a commutation of things , and as they stand in conjunction in that place of the prophet , declaring that that shaking and commutation must be for the bringing in of the kingdom of the lord christ . in brief , being interpreted , by the same spirit whereby they were indited , we know the exposition is true . the last head remaineth under two particulars . . what are the things that cannot be shaken . . what is their remaining . for the first , the things that cannot be shaken , v. . are called a kingdom that cannot be removed , v. . a kingdom subject to none of those shakings and alterations , which other dominions have been tossed to and fro with all . daniel cals it , a not giving of the kingdom to another people . dan. . . not that oecumenicall kingdom which he hath with his father , as king of nations , but that oeconomicall kingdom which he hath by dispensation from his father , as king of saints . now this may be considered two wayes : . as purely internall and spirituall , which is the rule of his spirit in the hearts of all his saints ; this cometh not with observation , it is within us . luk. . , . consisting in righteousnesse , peace , and joy in the holy ghost . rom. . . . as externall , and appearing in gospel administrations ; so is christ described as a king in the midst of their kingdom , revel. . , , , . as also chap. . as also chap. . . and both these may be again considered . wayes . . in respect of their essence and being , and so they have been , are , and shall be continued in all ages : he hath built his church upon a rock , and the gates of hell shall not prevail against it . matth. . . . in reference to their extent in respect of subjects , with their visible glorious appearance , which is under innumerable promises to be very great in the latter dayes . for it shall come to passe in the last dayes , that the mountain of the lords house shall be established in the top of the mountains , and shall be exalted above the hils , and all nations shall flow unto it . isa. . . these then are the things which cannot be shaken , which we may reduce to . heads . . the growth of righteousnesse , peace and joy in the saints , being filled with light and love from the speciall presence of christ , with a wonderfull increase of the number of them , multitudes of the elect being to be born in those dayes : the residue of the jews and fulnes of the gentiles meeting in one fold , and there dwelleth righteousnes : pet. . . . the administration of gospel ordinances , in power and puritie , according to the appointment , and unto the acceptation of the lord jesus . the temple of god and the altar being measured anew , the outward court defiled with gentile-worship is left out , revel. . , . . the glorious and visible manifestation of those administration , in the eyes of all the world in peace and quietnesse , none making afraid , or hurting in the whole mountain of the lord . isa. . . for the personall reign of the lord jesus on earth , i leave it to them , with whose discoveries i am not , and curiosities i would not be acquainted . but as for such , who from hence do , ( or for sinister ends pretend to ) fancy to themselves a terrene kingly state , unto each private particular saint , so making it a bottome vivendi ut velis , for every one to do that which is good in his own eyes , to the disturbance of all order and authority , civill and spirituall , as they expresly clash against innumerable promises , so they directly introduce such confusion and disorder , as the soul of the lord jesus doth exceedingly abhor . it is onely the three things named , with their necessarie dependencies that i do assert . and lastly , of these it is said they must remain , that is , continue , and be firmly established , as the word is often used : rom. . . the words of the text , being unfolded , and the minde of the holy ghost in them discovered , i shall from them commend to your christian consideration this following position . the lord jesus christ by his mighty power , in these latter daies , as antichristian tyranny draws to it's period , will so farre shake and translate the politicall heights , governments , and strength of the nations , as shall serve for the full bringing in of his own peaceable kingdom ; the nations so shaken , becoming thereby a quiet habitation for the people of the most high . though the doctrine be clear from the text , yet it shall receive further scripturall confirmation , being of great weight and concernment . dan. . . and in the dayes of these kings shall the god of heaven set up a kingdom , which shall never be destroyed : and the kingdom shall not be left to other people , but it shall break in pieces , and consume all these kingdoms , and it shall stand for ever . that this is affirmed of the kingdom of christ under the gospel , none ever doubted . three things are here remarkably intimated of it : . the time wherein it shall most eminently be established : and that is in the dayes of these kings , of which daniel was speaking . . the efficacy of it being set up , it shall break in pieces all these kingdoms . . it s own stability , it shall never be destroyed . for the first , there is great debate , about the principall season of the accomplishing of this prediction : much hesitation who those kings are in whose dayes the kingdom of christ is eminently to be established . in the dayes when the two legs of the romane empire shall be divided into ten kingdoms , and those kingdoms have opposed themselves to the power of christ , that is in the dayes wherein we live , say some . yea most of the ancients took this for the romane empire : and to these the bringing in of the kingdom of christ , is the establishment of it in these dayes : others understand the syrian and aegyptian branches of the grecian monarchy , and the bringing in of christs kingdom , to be in his birth , death , and preaching of the gospel , wherein certainly the foundations of it were layed : i will not contend with any mortall hereabouts . onely i shall oppose one or two things to this latter interpretation : as , . the kingdom of syria was totally destroyed and reduced into a romane province . yeers before the nativity of christ : and the aegyptian . so that it is impossible that the kingdom of christ by his birth should be set up in their dayes . . it is ascribed to the efficacy of this kingdom that being established , it shall break in pieces all those kingdoms : which how it can be , when at the first setting of it up , they had neither place , nor name , nor scarce remembrance . so that it must needs be the declining divided romane empire , shared amongst sundry nations , that is here intimated : and so consequently the kingdom of christ to be established , is that glorious administration thereof , which in these dayes , their dayes , he will bring in . be it so , or otherwise , this from hence cannot be denyed , that the kingdom of christ , wil assuredly shake and transtate all opposing dominions , untill it self be established in and over them all , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which is all i intend to prove from this place . the ten-partite empire of the west , must give place to the stone cut out of the mountain without hands . dan. . . the kingdom , and dominion , and greatnesse of the kingdom under the whole heaven , shall be given to the people of the saints of the most high : whose kingdom is an everlasting kingdom , and all dominions shall serve and obey him . hitherto is the end of the matter . either antichrist is described in the close of this chapter , or one very like him , st. john painting him in the revelation with all this mans colours . plainly intimating , that though in the first place , that mad raging tyrant antiochus the illustrious was pointed at , yet that another was to rise in his likenesse , with his craft and cruelty , that with the assistance of the ten horns , should plague the saints of the christians , no lesse then the other had done those of the jews . now what shall be the issue thereof ? v. . his dominion with his adherents shall be taken away , and consumed : and then shall it be given to the people of the most high , as before . or they shall enjoy the kingdom of christ in a peaceable manner ; their officers being made peace , and their exactors righteousnesse . it is clearly evident from these and other places in that prophesie , that he who is the onely potentate , will sooner or later shake all the monarchies of the earth , where he will have his name known , that all nations may be suited to the interest of his kingdom , which alone is to endure . isa. . in many places , indeed throughout holds out the same . v. . the nation and kingdom which will not serve thee , shall be broken to pieces : that is , all the nations of the earth , not a known nation , but the blood of the saints of christ is found in the skirts thereof . now what shall be the issue when they are so broken : v. , . i will make thine officers peace , and thine exactors righteousnesse : violence shall no more be heard in thy land , wasting nor destruction within thy borders , but thou shalt call thy wals salvation , and thy gates praise . see at your leisure to this purpose : amos . , , , , . jerem. . , , . isa. . , , , . i shall onely adde that punctuall description which you have of this whole matter as daniel cals it in the revelation , with respect unto it's accomplishment . chap. . the romane harlot , having procured the ten kings or kingdoms , into which the last head of the romane empire sprouted about the yeer . by the inundation of the northern nations to joyn with her , they together make war against the lambe : v. , , . . the ten horns which thou sawest ( upon the last head of the great beast the romane monarchy ) are ten kings , which have received no kingdoms as yet , ( to wit , when john saw the vision ) but receive power as kings one houre with the beast ( about . yeers after this , the pope ascending to his soveraignty , and these western nations growing into distinct dominions about the same time . ) . these have one minde ( that is as to the businesse in hand , for otherwise they did and do vex one another with perpetuall broyls and wars ) and shall give their power and strength to the beast ( or swear to defend the rights of holy church , which is no other then babylon , and act accordingly ) . . these make warre with the lambe , ( having sworn and undertaken the defence of holy church , or babylon , they persecuted the poore hereticks with fire and sword , that is the witnesses of the lambe , and in them the lambe himself , striving to keep his kingdom out of the world ) and the lambe shall overcome them , shaking and translating them into a new mould and frame ) for he is lord of lords , and king of kings , and they that are with him ( whose help and endeavours he will use ) are called , and chosen , and faithfull . . the ten horns which thou sawest upon the beast , ( being now shaken , changed and translated in minde , interest , and perhaps government ) these hate the whore , and shall make her desolate , ( are instrumentall in the hand of christ for the ruin of that antichristian state , which before they served ) and naked , and shall eat her flesh , and burn her with fire . hence chap. . . babylon , and that whole antichristian state , which was supported upon their power and greatnesse , having lost it's props , comes topling down to the ground ; babylon the great is fallen , is fallen : v. . and the saints take vengeance on the whore for all her former rage and crueltie . double unto her double according to her works . v. . v. . and the kings of the earth ( being some of them shaken out of their dominion for refusing to close with the lamb ) who have committed fornication , and lived deliciously with her ( learning & practising false worship of her institution ) shall bewail her , and lament for her , ( as having received succour from her , her monstaries and shavelings , in their distresse , whereunto indeed they were brought for her sake ) when they shall see the smoke of her burning , ( beholding her darknesse , stink and confusion , in her finall desolation . ) now all this shall be transacted with so much obscurity and darknesse , christ not openly appearing unto carnall eyes , that , though many shall be purified and made white , yet the wicked shall do wickedly , and none of the wicked shall understand , but the wise shall understand . dan. . . there shall be no such demonstration of the presence of christ , as to open the eyes of hardned men : but at length having suffered the poore deceived wretches to drink of the cup prepared for them , he appears himself gloriously , chap. . . in a more eminent manner then ever before , to the totall destruction of the residue of opposers . and that this will be the utmost close of that dispensation wherin now he walketh , i no way doubt . the assertion being cleared and proved , the reasons of it come next to be considered : and the first is , that it shall be done by the way of recompence and vengeance . it is the great day of the wrath of the lambe : revel. . . the land shall be soaked with blood , and the dust made fat with fatnesse . for it is the day of the lords vengeance , and the yeer of recompense for the controversie of zion . isa. . , . the day of vengeance is in his heart , when the yeer of his redeemed is come . isa. . . the kings of the earth have given their power to antichrist , indeavouring to the utmost to keep the kingdom of christ out of the world . what , i pray , hath been their main businesse for . years and upward , even almost ever since the man of sin was enthroned ? how have they earned the titles , eldest son of the church , the catholick , and most christian king , defender of the faith , and the like ? hath it not been by the blood of saints ? is there not in every one of these kingdoms , the slain , and the banished ones of christ to answer for ? in particular ; hath not the blood of the saints of jesus , yeleped by antichrist and his adherents , wicklieffes and lollards , cried from the ground for vengeance upon the english heaven and earth for a long season ? did not their bodies lye in the streets of france , under the names of waldenses , albigenses , and poore men of lyons ? hath not germany , and the annexed territories , her husse , and hussile , hierome and subutraguians to answer for ? is not spaine's inquisition enough to ruine a world , much more a kingdom ? have not all these , and all the kingdoms round about washed their hands and garments in the blood of thousands of protestants ? and do not the kings of all these nations as yet stand up in the roome of their progenitors with the same implacable enmity to the power of the gospel ? shew me seven kings that ever yet laboured sincerely to enhance the kingdom of the lord jesus , and i dare boldly say , octavus quis fuerit nondum constat . and is there not a cry for all this , how long , lord , holy and true , doest thou not avenge our blood on them that live on the earth ? revel. . . doth not sion cry , the violence done to me and my flesh , be upon babylon , and my blood upon those heavens of the nations ? and will not the lord avenge his elect that cry unto him day and night , will he not do it speedily ? will he not call the fowls of heaven to eat the flesh of kings , and captains , and great men of the earth ? revel. . . will he not make these heavens like the wood of the vine , not a pin to be taken off them to hang a garment on , in his whole tabernacle ? the time shall come , wherein the earth shall disclose her slain , and not the simplest heretick as they were counted , shall have his blood unrevenged : neither shall any attonement be made for this blood , or expiation be allowed , whilest a toe of the image , or a bone of the beast is left unbroken . that by his own wisdom he may frame such a power , as may best conduce to the carrying on of his own kingdome among the sons of men . he hath promised his church , that he will give unto it , holy priests and levites , isa. . , . which shall serve at the great feast of tabernacles , zech. . . a sufficient demonstration that he will dwell still in his churches by his ordinances , whatsoever some conceive ; so also , that he will make her civill officers peace , and her exactors righteousnesse : isa. . , . they shall be so established , that the nations , as nations , may serve it ; and the kingdoms of the world , shal become the kingdoms of our lord . revel. . . for the present , the government of the nations , ( as many of them as are concerned therein ) is purely framed for the interest of antichrist . no kinde of government in europe , or line of governors so ancient , but that the beast is as old as they , and had a great influence into their constitution or establishment , to provide that it might be for his own interest . i beleeve it will be found a difficult task , to name any of the kingdoms of europe ( excepting onely that remotest northward ) in the setting up , and establishment whereof , either as to persons or government , the pope hath not expresly bargained for his own interest , and provided , that that should have the chiefest place in all the oaths and bonds that were between princes and people . bellarmine , to prove that the pope hath a temporall power indirectly over all kings and nations ( if he mean by indirectly , gotten by indirect means , it is actually true as too too many of them ) gives sundry instances in most of the most eminent nations in europe , how he hath actually exercised such a power for his own interest . there have been two most famous and remarkable changes of the government of these na●ions , and into both of them what an influence the pope had , is easily discernable . the first was between the yeers . and . after christ , when the romane empire of the west , that which withheld the man of sin from acting his part to the life , was shivered to pieces by many barbarous nations : who setling themselves in the fruitfull soiles of europe , began to plant their heavens , and lay the foundations of their earth , growing up into civill states : for the most part appointing them to be their kings in peace , who had been their leaders in war . this furious inundation setled the franches in gall : the saxons in england , the west goths in spaine , the east goths and longobards into italy , and set up the almans in germany , from some whereof , though for divers yeers the papall world was exceedingly tormented , and rome it self sacked , yet in the close and making up of their governments , changing their manners and religion , they all submitted to the usurpation of the man of sin ; so that in all their windings up there was a salve for him and his authority . the second great alteration took up a long space , and was in action about . years , reckoning it from the translation of the french crown , from childerick the th , unto pipin and his son charles , by papall authority , unto the conquest of england by the normanes , in which space the line of charles in france was again by the same authority and the power of hugh capet cut off : no state in europe the choise patrimony of the beast , that did not receive a signall alteration , in this space , nor was there any alteration , but that the pope had a hand in every one of them , and either by pretended collations of right , to pacifie the consciences of blood-thirsty potentates , in the undertaking and pursuing their unjust conquests , or foolish mitred confirmations of sword purchases , he got them all framed to his own end and purpose , which was to bring all these nations into subjection to his babylonish usurpations , which their kings finding no way inconsistent with their own designes did willingly promote , labouring to enforce all consciences into subjection to the romane see . hence it is , as i observed before , that such an interposition was made of the rights of holy church , that is babylon the mother of fornications , in all the tyes , oaths , and bonds between princes and people . and for the advancement of the righteous judgements of god , that the sons of men may learn to fear and tremble before him , it may be observed , that that which doth , and shall stick upon potentates to their ruine , is not so much their own or any other interest , as the very dregs of this papall antichristian interest , thrust into their oaths and obligations , for no end in the world , but to keep the lord jesus out of his throne . this is a d . reasons , why the lord jesus by his mighty power at the bringing in of his unmovable kingdom , will shake the heavens and the earth of the nations ; even because in their present constitution they are directly framed to the interest of antichrist , which by notable advantages at their first moulding , and continued insinuations ever since , hath so rivetted it self into the very fundamentals of them , that no digging or mining , with an earthquake , will cast up the foundation stones thereof . the lord jesus then , having promised the service of the nations to his church , will so far open their whole frame to the roots , as to pluck out all the cursed seeds of the mystery of iniquity , which by the craft of satan , and exigencies of state , or methods of advancing the pride and power of some sons of blood , have been sown amongst them . because as is their interest , so is their acting . the present power of the nations stands in direct opposition to the bringing in of the kingdom of christ . two things there are which confessedly are incumbent on him in this day of his advancement . . the bringing home of his ancient people , to be one fold with the fulnesse of the gentiles ; raising up the tabernacle of david , and building it as in dayes of old : in the accomplishment of innumerable promises , and answer to millions of prayers , put up at the throne of grace , for this very glory in all generations . now there be two main hinderances of this work that must be removed : the first wherof is , . reall , the great river euphrates , the strength and fulnesse of whose streames doth yet rage so high , that there is no passage for the kings of the east to come over ; wherfore this must be dryed up as other waters were for their forefathers in dayes of old . revel. . . doubtlesse this is spoken in allusion to abraham's coming over that river into canaan when the church of god in his family was there to be erected ; whence he was called the hebrew , that is , the passenger , to wit , over that river , gen. . . and then it may well enough denote the turkish power , which proud as it is at this day , possessing in peace all those regions of the east , yet god can quickly make it wither , and be dried up : or to the deliverance of the jews from babylon , when it was taken and destroyed by the drying up of the streams of that river , and so the yoke of her tyranny broken from the churches neck , and so it can be no other but the power of the romish babylon supported by the kings of the nations , which must therefore be shaken and dryed up . . morall : or the idolatry of the gentile worshippers . the jews stick hard as yet at this , that god should abolish any kinde of worship , which himself had once instituted : but that he should ever accept any false worship , which he had once strictly prohibited , and no where to this day appointed , to this they will never be reconciled . now such is all the invented idolatrous worship which the kings of the earth have sucked in from the cup of fornication held out unto them in the hand , and by the authority of the romane whore ; this still they cleave close unto , and will not hearken to the angels preaching the everlasting gospel , that men should worship him , who made the heavens , and the earth , and the sea , and the fountains of waters . revel. . , . that is , the god of heaven in jesus christ , in opposition to all their ieonolatry , artolatry , hagiolatry , staurolatry , and masse abominations . this then must also be removed ; and because as you saw before it is so rivetted and cemented into , and with all the orbes of the nations , heaven and earth , that they must be shaken , and brought {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , before it can be effected . . the second thing he hath to accomplish , is the tremendous totall destruction of babylon , the man of sin , and all his adherents that are not obedient to the heavenly call : revel. . . now as sampson , intending the destruction of the princes , lords , and residue of the philistines , who were gathered together in their idoll temple , he effected it by pulling away the pillars whereby the building was supported ; whereupon the whole frame topled to the ground : so the lord intending the ruine of that mighty power , whose top seems to reach to heaven , will do it by pulling away the pillars and supporters of it , after which it cannot stand one moment . now what are the pillars of that fatall building ? are they not the powers of the world as presently stated and framed ? pull them away , and , alas , what is antichrist ? it is the glory of the kings put upon her , that makes mens eyes so dazle on the romane harlot . otherwise she is but like the egyptian deities , whose silly worshippers through many glorious portles and frontispeices , were led to adore the image of an ugly ape . adde hereunto , that in this mighty work , the lord jesus christ , will make use of the powers of the nations , the horns of them , that is their strength , rev. . . they must hate the whore , and make her desolate , and naked ; and eat her flesh , and burn her with fire : now whether this can be accomplished or no , in their present posture is easily discernable . doth not the papall interest lye at the bottome of all or the most ruling lines of christendome ? can that be ejected without unbottoming their own dominion ? do they not use the efficacy of the romane jurisdiction to ballance the powers of their adversaries abroad , and to awe their subjects at home ? hath he not a consider able strength in every one of their own bosomes ? are not the locuists of their religious orders , all sworn slaves to the pope , for number sufficient to make an army to fight the greatest emperour in the world ? are not most potentates tyed by oath , or other compact , to maintain either the whole , or some part of the old tower , under the name of rights of holy church , prelates , and the like ? and can any expect that such as these , should take up the despised quarrell of the saints , against that flourishing queen ? doubtlesse no such fruit will grow on these trees before they are throughly shaken . . that his own people seeing all earthly things shaken , and removing , may be raised up to the laying hold of that durable kingdom that shall not be removed . all carnall interests will doubtlesse be shaken with that of babylon . many of gods people are not yet weaned from the things that are seen : no sooner is one carnall form shaken out , but they are ready to cleave to another : yea to warm themselves in the feathered nests of unclean birds . all fleshly dominion within doores , and all civill dominion that opposeth without doores , shall be shaken . now these things are so glewed also to mens earthly possessions , the talons of the birds of prey , having firmly seized on them , that they also must be shaken with them . and therefore from them also will he have us to be loosed : pet. . v : , . and these are some of the reasons of the position layed down , which is so bottomed , so proved , as you have heard : of the speedy accomplishment of all this i no way doubt . i beleeve , and therefore i have spoken . whether i shall see any further perfection of this work whilest i am here belowe , i am no way solicitous : being assured that if i fail of it here , i shall through the grace of him who loved us , and gave himself for us , meet with the treasures of it otherwhere . come we to the uses . the rise of our first vse i shall take from that of the prophet : who is wise , and he shall understand these things ? prudent , and he shall know them ? for the wayes of the lord are right , and the just shall walk in them : but the transgressors shall fall therein . hos. . . labour for this heavenly wisdom and prudence , that we may know these things , and be acquainted with the minde and will of god , in the season and generation wherein we live . his way is not so in the dark , nor his footsteps in the deep , but that we may perceive what he is about . luk. . , , . our saviour gives it in as a sure testimony of the pharisees hypocrisie , notwithstanding all their pretences , and possession of moses chair , that they were wise in earthly things , and had drawn out experiences by long observation , of what was like to come to passe as to the weather , by considering the ordinary signes of the alterations thereof ; but notwithstanding that mighty effectuall concurrence of signes in heaven and earth , with the accomplishment of prophesies , all pointing to the instant establishment of the kingdom of god in the coming of the messiah , not discerning them at all , they come and cry , if thou be the christ , give us a signe ; when without satisfying their sinfull curiosity , heaven and earth was full of signes round about them . men who wil not receive god's signes , suppose they should be wonderfull proficients in credulity , might they have signes of their own fancying . the rich glutton thought , that if his way of teaching might have been set up , by men rising from the dead , there would have been a world of converts , more then were made by preaching the word of god . men suppose , that if god should now from heaven give in some discriminating prodigie , oh how abundantly should they be satisfied : the truth is , the same lust and corruption which makes them dis-beleeve gods signes , moves them to look after signes of their own . for this very thing then , were the pharisees branded as hypocrites , that having wisdom in naturall things ; to calculate and prognosticate from necessary signes , yet in the works of the lord , though the signes which in his wisdom he was pleased to give , were plentifull round about them , yet they must have some of their own choosing . i pray god none such be found in our dayes . chron. . . it is said of the men of issachar , that they had understanding of the times to know what israel ought to do . israel is in the dark , and knows not what to do , if the times and seasons be not discovered to them . if the minde and will of the lord in their generation , be not made out unto a people , it will be their ruine . hence it is , that the lord incourageth us to make inquiry after these things , to finde out the seasons wherein he will do any great work for his people , knowing that without this , we shall be altogether uselesse in the generation wherein we live . isa. . . ask of me of things to come concerning my sons , and concerning the works of my hands command you me . and what is this , that the lord will have his people to inquire of him about ? even the great work of the ruine of babylon , and restauration of his church , which yet was not to be accomplished for . yeers . and this he tells you plainly in the following verses . i have raised him up ( cyrus ) inrighteousnesse , i will direct his wayes , he shall build my cities , and he shall let go my captives , not for price , nor for reward , saith the lord of hosts . v. . the lord is earnest with his people to inquire into the season of the accomplishment of his great intendments for the good of his church , when as yet they are afar off , how much more when they are nigh at hand , even at the doors . who so is wise , and will ponder these things , they shall understand the loving kindnesse of the lord . psal. . ult. dan. . . the prophet tels you , that this was his great study , and at length he understood by books , the approach of the time , wherein god would deliver his church from babylonish captivity and pollution : now this discovery hath two or three notable products . . it puts him upon earnest supplications for the accomplishment of their promised deliverance in the appointed season . wide from that atheisticall frame of spirit , which would have a predetermination of events and successes , to eradicate all care and endeavour to serve that providence , which will produce their accomplishment . a discovery of the approach of any promised , and before fixed work of god , should settle our minds to the utmost endeavour of helping the decree bring forth . . he finds great acceptation in this his addresse to the lord by supplications , for the establishing of that work which he had discovered was nigh at hand : for , . an answer is returned him fully to his whole desire in the midst of his supplications : v. . whilest i was praying , the man gabriel came , &c. . the work which he had discovered to be approaching , was instantly hastned and gone in hand withall : v. . at the beginning of thy supplications the commandment came forth . oh that god would stir up his saints , in the spirit of daniel , to consider and understand by books , the time that he hath appointed for the deliverance of his people , that fixing their supplications for the speeding thereof , the commandment may come forth for it 's full accomplishment . . having attained this , the lord gives him fresh discoveries , new light of the time for the birth of the messiah , which he thought not of , prayed not for : seventy weeks are determined , &c. . so delighted is the lord with his people's diligent inquiry into his wayes , and walkings towards them , that thereupon he appears unto them , in the revelation of his mind , beyond all that they did expect or desire . now all this have i spoken to stir you up unto that , wherunto at the entrance of this use , you were exhorted : that you would labour for that spirituall wisdom & prudence , which may acquaint your hearts , at least in some measure , with the minde and will of god , concerning his work in the generation wherein you live . and further to provoke you hereunto , know that you cannot but wander , as in many other , so especially in foure sinfull things : . sinfull cares . . sinfull fears . . sinfull follies . . sinfull negligence . . sinfull cares . anxious and dubious thoughts about such things , as perhaps the lord intends utterly to destroy , or at least render uselesse . had it not been the greatest folly in the world , for noah and his sons , when the flood was approaching to sweep away the creatures from the face of the earth , to have been solicitous about flocks and herds , that were speedily to be destroyed . many mens thoughts , at this day , do even devour them , about such things , as if they knew the season , would be contemptible unto them . wouldest thou labour for honour , if thou knewest that god at this time , were labouring to lay all the honour of the earth in the dust ? couldest thou set thy heart upon the increase of riches , wert thou acquainted , that god intends instantly to make silver as stones , and cedars as sycamores , though not for plenty , yet for value . would men be so exceedingly solicitous about this or that form of religion , this or that power to suppresse such , or such a perswasion , if they knew that the lord would suddenly ▪ fill the earth with his knowledge as the waters cover the sea ? should our spirits sink for fear of this or that persecutor or oppressor , were it discovered unto us that in a short time nothing shall hurt or destroy in the whole mountain of the lord ? should we tremble at the force and power of this or that growing monarchy , giving it's power to the beast , had god revealed unto us , that he is going to shake it untill it be translated ? certain it is , that the root of all the sinfull cares which sometimes are ready to devour the hearts of god's people , is this unacquaintednesse with the work and minde of the lord . . sinfull fears ; luk. . . our saviour having told his disciples of wars , tumults , seditions , famines , earthquakes , &c. which were to come upon the earth , bids them when they see these things , to lift up their heads for joy . but how should this be ? rejoyce in the midst of so many evils and troubles , in the most whereof they were to have a benjamins messe , a double portion ? yea , saith our saviour , rejoyce , for i have told you before , that then it is that your deliverance and redemption draweth nigh . it is for them to shake and tremble , who are in the dark , who know not what the lord is a doing . they may be at their wits end , who know no other end of these things : but for you , who know the mind of the lord , what he intendeth and will effect by these things , cast off all sinfull fears , and rejoyce in him who cometh . amongst us in these dayes , new troubles arise , wars , and rumors of wars , appearances of famine , invasions , conspiracies , revolts , treacheries , sword , blood , oh how do mens faces wax pale , and their hearts dye within them ? sometimes with david they could fly to the philistines , and wind up their interest with them , whom god will destroy : every new appearance of danger , shuffles them off from all their comforts , all their confidence . hence poore souls are put upon doubling and shifting in the wayes of god , in such a frame as god exceedingly abhors . they know not why any mercy is given , nor to what end , and therefore are afraid to own it , lest some sudden alteration should follow , and make it too hot for them to hold it : and all this because they know not the minde of the lord , nor the judgement of their god ; were they but acquainted with it , so far as it is evidently revealed , they would quickly see all things working together to the appointed end . . sinfull follies . toil and labour in vain , is of all follies the greatest folly , like the jews under julian , building of their temple in the day , god casting it to the ground in the night . when a man labours , toils , wearies and spends himself , for the accomplishing of that , which shall never come to passe , and that , which if he would but enquire , he might know shall never come to passe , he cannot well want the livery of a bruitish man . how many poore creatures , that think themselves wiser then charchan , and dedan , and all the children of the east , do spend and consume their dayes and time , in such wayes as this , labouring night and day to set up , what god will pull down , and what he hath said shall fall . come on , let us deal wisely , saith pharaoh to his egyptians , exod. . . to root out and destroy these israelites : poore fool ! is there any wisdome or counsell against the most high ? i could give instances plenty in these daies , of men labouring in the dark , not knowing what they are a doing , indeavouring with all their strength to accomplish that , whereof the lord hath said , it shall not prosper : and all because they discern not the season . . sinfull negligence . you are no way able to do the work of god in your generation . it is the commendation of many saints of god , that they were upright , and served the will of god in their generation . besides the generall duties of the covenant , incumbent on all the saints at all seasons , there are speciall works of providence , which in sundry generations the lord effecteth , concerning which , he expects his people should know his minde , and serve him in them . now can a servant do his masters work , if he know not his will ? the lord requireth that in the great things which he hath to accomplish in this generation , all his should close with him . what is the reason that some stand in the market place idle all the day ? some work for a season , and then give over , they know not how to go a step farther , but after a day , a week , a month , or yeer , are at a stand ? worse then all this , some counterwork the lord with all their strength ? the most neglect the duty which of them is required : what is the reason of all this ? they know in no measure what the lord is doing , and what he would have them apply themselves unto . the best almost , live from hand to mouth , following present appearances , to the great neglect of the work which the lord would have hastned amongst us : all this comes from the same root . but now , if all these sad and sinfull consequences attend this nescience of the minde of god , as to the things which he is a doing , in the dayes wherein we live , so far as he hath revealed himself , and requires us to observe his walkings , by what wayes and means may we come to the knowledge thereof , that we be not sinfully bewildred in our own cares , fears , and follies , but that we may follow hard after god , and be upright in our generation ? there be foure things whereby we may come to have an insight into the work which the lord will do , and accomplish in our dayes : . by , the light which he gives . . the previous works which he doth . . the expectation of his saints . . the fear of his adversaries . . by the light which he gives . god doth not use to set his people to work in the dark ; they are the children of light , and they are no deeds of darknesse which they have to do . how ever others are blinded , they shall see . yea he alwayes suits their light , to their labour , and gives them a clear discerning of what he is about . the lord god doth nothing , but he reveals his secrets to his servants . the light of every age , is the forerunner of the work of every age . when christ was to come in the flesh , john baptist comes a little before . a new light , a new preacher . and what doth he discover and reveal ? why he calls them off from resting on legall ceremonies , to the doctrine of faith , repentance , and gospel ordinances : tels them the kingdom of god is at hand ; instructs them in the knowledge of him who was coming : to what end was all this ? onely that the minds of men being enlightned by his preaching , who was a burning and a shining lamp , they might see what the lord was doing . every age hath it's peculiar work , hath it's peculiar light . now what is the light which god manifestly gives in , in our dayes ? surely not new doctrines , ( as some pretend ) indeed old errors , and long since exploded fancies . plainly the peculiar light of this generation , is that discovery which the lord hath made to his people , of the mystery of civill and ecclesiasticall tyranny . the opening , unravelling , and revealing the antichristian interest , interwoven , and coupled together in civill , and spirituall things , into a state opposite to the kingdom of the lord jesus , is the great discovery of these dayes . who almost is there amongst us now , who doth not evidently see , that for many generations , the western nations have been juggled into spirituall and civill slavery , by the legerdemain of the whore , and the potentates of the earth , made drunk with the cup of her abominations ? how the whole earth hath been rolled in confusion , and the saints hurried out of the world , to give way to their combined interest ? hath not god unvailed that harlot , made her naked , and discovered her abominable filthinesse ? is it not evident to him that hath but half an eye , that the whole present constitution of the governments of the nations , is so cemented with antichristian morter from the very top to the bottom , that without a through shaking they cannot be cleansed ? this then plainly discovers , that the work which the lord is a doing , relates to the untwining of this close combination against himself , and the kingdom of his dear son , and he will not leave untill he have done it . to what degree in the severall nations this shaking shall proceed , i have nothing to determine in particular , the scripture having not expressed it . this onely is certain , it shall not stop , nor receive it's period , before the interest of antichristianity be wholly separated from the power of those nations . . by the previous works he doth . how many of these doth our saviour give , as signes of the destruction of jerusalem , and so consequently of propagating the gospel more and more to the nations : matth. . luk. . how fearfull and dreadfull they were in their accomplishment , josephus the jewish historian relateth : and how by them the christians were fore-warned , and did by them understand what the lord was a doing , eusebius and others declare . when ( saith he ) you shall see the abdomination of desolation ( the romane eagles and ensignes ) standing in the holy place , matth. . . or , jerusalem compassed with armies , as luk. . . then know by that , that the end thereof is come , and your deliverance at hand . the works of god are to be sought out of them that have pleasure in them . they are vocall speaking works : the minde of god is in them . they may be heard , read , and understood ; the rod may be heard , and who hath appointed it . now generally he begins with lesser works to point out to the sons of men , what he is about to accomplish . by these may his will be known , that he may be met in righteousnesse . now what , i pray , are the works that the lord is bringing forth upon the earth ? what is he doing in our own and the neighbour nations ? shew me the potentate upon the earth , that hath a peaceable molehil , to build himself an habitation upon ? are not all the controversies , or the most of them , that at this day are disputed in letters of blood , among the nations , somewhat of a distinct constitution from those formerly under debate ? those tending meerly to the power and glendour of single persons , these to the interest of the many . is not the hand of the lord in all this ? are not the shakings of these heavens of the nations from him ? is not the voice of christ , in the midst of all this tumult ? and is not the genuine tendance of these things , open the visible unto all ? what speedy issue all this will be driven to , i know not : so much is to be done as requires a long space . though a tower may be pulled down faster then it was set up , yet that which hath been building a thousand yeers , is not like to go down in a thousand dayes . . the expectation of the saints , is another thing , from whence a discovery of the will of god , and the work of our generation , may be concluded . the secret wayes of god's communicating his minde unto his saints , by a fresh savour of accomplishing prophesies , and strong workings of the spirit of supplications , i cannot now insist upon . this i know , they shall not be led into temptation , but kept from the houre thereof , when it comes upon the whole earth . when god raiseth up the expectation of his people to any thing , he is not unto them as waters that fail . nay he will assuredly fulfill the desires of the poore . just about the time , that our saviour christ was to be born of a woman , how were all that waited for salvation in israel raised up to an high expectation of the kingdom of god ; such as that people never had before , and assuredly shall never have again ▪ yea famous was the waiting of that season , through the whole romane empire . and the lord whom they sought , came to his temple . eminent was their hope , and excellent was the accomplishment . whether this will be made a rule to others or no , i know not : this i am assured , that being bottomed on promises , and built up with supplications , it is a ground for them to rest upon . and here i dare appeal to all , who with any diligence have enquired into the things of the kingdom of christ , that have any savour upon their spirits of the accomplishment of prophesies , and promises , in the latter dayes , who count themselves concerned in the glory of the gospel , whether this thing , of consuming the mystery of iniquity , and vindicating the churches of christ , into the liberties purchased for them by the lord jesus , by the shaking and translating all opposing heights and heavens , be not fully in their expectations . onely the time is in the hand of god ; and the rule of our actings with him , is his revealed will . . whether the fears of his adversaries , have not their lines meeting in the same point , themselves can best determine . the whole world was more or lesse dreaded at the coming of christ in the flesh . when also the signes of his vengeance did first appear to the pagan world , in calling to an account for the blood of his saints , the kings and captains presently cry out , the great day of his wrath is come , and who shall be able to stand ? revel. . . i am not of counsel to any of the adherents to the man of sin , or any of those who have given their power unto the beast , i have not a key to the bosomes of the enemies of christ ; i am neither their interpreter , nor do they allow me to speak in their behalf , yet truly upon very many probable grounds , i am fully perswaded , that were the thoughts of their hearts disclosed , notwithstanding all their glittering shews , dreadfull words , threatning expressions , you should see them tremble , and dread this very thing , that the whole world as now established will be wrapped up in darknesse , at least untill that cursed interest which is set up against the lord jesus , be fully and wholly shaken out from the heavens and earth of the nations . and thus without leading you about by chronologies and computations , which yet have their use , ( well to count a number being wisdom indeed ) i have a little discovered unto you some rules , wherby you may come to be acquainted with the work of god in the dayes wherein we live , and also , what that work is , which is our first vse : the next shall be for direction , to guide you what you ought to do , when you know what is the work of your generation . be exhorted to prepare to meet the lord , to make his way straight : and this i would presse distinctly . . as to your persons . . as to your employments . . as to your persons : give the lord jesus a throne in your hearts , or it will not be at all to your advantage , that he hath a throne and kingdom in the world . perhaps you will see the plenty of it , but not taste one morsell . take first that which comes not by observation , that which is within you , which is righteousnesse , and peace , and joy in the holy ghost . take it in it's power , and you will be the better enabled to observe it coming in it's glory . seek first this kingdom of god , and the righteousnesse thereof , and all these things shall be added unto you . oh that it were the will of god , to put an end to all that pretended holinesse , hypocriticall humiliation , self-interested religion , that have been among us , whereby we have flattered god with our lips , whilest our hearts have been farre from him . oh that it might be the glory of this assembly , above all the assemblies of the world , that every ruler in it , might be a sincere subject in the kingdom of the lord jesus . oh that it might suffice that we have had in our parliament , and among our ministers , so much of the form , and so little of the power of godlinesse : that we have called world christ , and lust christ , and self christ , working indeed for them , when we pretended all for christ . oh that i could nourish this one contention in your honourable assembly , that you might strive who should excell in setting up the lord jesus in their hearts . you may be apt to think , that if you can carry on , and compasse your purposes , then all your enemies will be assuredly disappointed : do but embrace the lord jesus in his kingly power in your bosomes , and ipso facto all your enemies are everlastingly disappointed : you are the grains , which in the sifting of the nation , have been kept from falling to the ground . are you not the residue of all the chariots of england ? oh that in you might appear the reality of the kingdom of the lord jesus , which hath been so long pretended by others : that sound righteousnesse , not a pharisaicall rigid supercilious affectation , nor a carelesse belief and comportment , the issue of novell fancies , might be found upon your spirits ; that you may be thought meet to rejoyce with the lord in his kingdom : otherwise this day of the lord which we have described , however desired and longed after , will be dark●esse to you , and not light . . in reference to your great employments , whereunto the lord hath called you , and here i shall briefly hold out unto you one or two things . . that you would seriously consider , why it is that the lord shakes the heavens and the earth of the nations , to what end this tendeth , and what is the cause thereof . is it not from hence , that he may revenge their opposition to the kingdom of his dear son ? that he may shake out of the midst of them , all that antichristian mortar , wherewith from their first chaos they have been cemented ? that so the kingdoms of the earth , may become the kingdoms of the lord jesus : is not the controversie of sion pleaded with them ? are they not called to an account for the transgression of that charge given to all potentates , touch not mine anointed ? and what is the ayme of the lord jesus herein , whose mighty voice shakes them ? is it not to frame and form them for the interest of his own kingdom ? that he may fulfill the word he hath spoken to sion , i will make thine officers , peace , and thine exactors righteousnesse . consider then ( i pray ) what you have in hand : wait upon your king the lord christ , to know his minde . if you lay any stone in the whole building , that advanceth it self against his scepter , he will shake all again : digge you never so deep , build you never so high , it shall be shaken . nay , that there be no opposition will not suffice ; he hath given light enough to have all things framed for his own advantage . the time is come , yea the full time is come , that it should be so , and he expects it from you . say not in the first place , this , or that , suits the interest of england , but look what suits the interest of christ ; and assure your selves , that the true interest of any nation , is wrapped up therein . more of this in the treatise annexed to my sermon of jan : . . be incouraged under all those perplexities and troubles , which you are , or may be wrapped in : lift up the hands that hang down , and let the feeble knees be strengthened : i is but yet a little while , and he that shall come , will come , and will not tarry . the more you are for christ , the more enemies you shall be sure to have ; but the lambe shall overcome . he is come to revenge the blood of his slain upon this generation , and to free the residue from the jaws of the terrible . he is our rock , and his work is perfect : what he hath begun , faster , or flower , he will surely accomplish . it is a thing of the most imaginable indifferency , whether any of our particular persons behold these things here belowe or no : if otherwise , we shall for the present have rest with him , and stand in our lot at the end of the dayes : but for the work it self , the decree is gone forth , and it shall not be recalled ; receive strength and refreshment in the lord . wonder not when the heaven is shaken ; if you see the stars fall to the ground ; we had some who pretended to be church-starres , that were meerly fixed to all mens view , and by their own confession , in the politicall heavens . the first shaking of this nation , shook them utterly to the ground . if others also tremble like an aspen leaf , and know not which winde to yeeld unto , or sail backwards and forwards by the same gale , wonder not at that neither ; when men lay any other foundation then the immovable corner stone , at one time or other , sooner or later , assuredly they will be shaken . let the professing people that is amongst us look well to themselves : the day is coming that will burn like an oven . drosse will not endure this day ; we have many an hypocrite as yet to be uncased . take heed you that act high , if a false heart , a defiled heart be amongst you , there shall be no place for it in the mountain of the lords house . the inhabitants of sion shall be all righteous : isa. . . many that make a great shew now upon the stage , shall be turned off with shame enough ; try and search your hearts , force not the lord to lay you open to all . the spirit of judgement and burning will try you . tremble , i pray , for you are entring the most purging trying fornace , that ever the lord set up on the earth . be loose from all shaken things : you see the clouds return after the rain : one storme in the neck of another . thus it must be , untill christ hath finished his whole work . seeing that all these things must be dissolved , what manner of persons ought we to be in all manner of holy conversation . let your eyes be upwards , and your hearts be upwards , and your hands be upwards , that you be not moved at the passing away of shaken things . i could here incourage you by the glorious issue of all these shakings , whose soretast might be as marrow to your bones , though they should be appointed to consumption before the accomplishment of it : but i must close . see the vanity , folly , madnesse , of such as labour to oppose the bringing in the kingdom of the lord jesus . canst thou hinder the rain from descending upon the earth when it is falling ? canst thou stop the sun from rising at it 's appointed houre ? will the conception for thee dwell quietly in the wombe beyond it's month ? surely thou mayest with far more ease turn and stop the current and course of nature , then obstruct the bringing in of the kingdome of christ , in righteousnesse and peace . whence comes it to passe , that so many nations are wasted , destroyed , spoiled , in the dayes wherein we live ? that god hath taken quietnesse and peace from the earth ? doubtlesse from hence , that they will smite themselves against the stone cut out of the mountain without hands . shall not the decree bring forth ? is it not in vain to fight against the lord ? some are angry , some troubled , some in the dark , some full of revenge , but the truth is , whether they will hear or forbear , babylon shall fall , and all the glory of the earth be stained , and the kingdoms become the kingdoms of our lord jesus christ . finis . notes, typically marginal, from the original text notes for div a e- chap. . . prov. . . . . psal. . . thes. . . thes. . . deut. . chap. . . ezek. . . chap. acts . . exod. . , chap. . . nescio an facilior hic locus fuisset , si nemo cum opposuisset . mald : ad luc. . v . ephes. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} oecumen. in loc. matth . . matt. . . luk . . mat , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rom. . . nunquam pauli sensum ingredieris , nisi pauli spiritum imbiberis : ber : ser. de monte . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ioh. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} theophilac . in ioh. . psal . . hab. . . matth . . sam. , . isa. . . psal. . . ioel . . revel. . . matth. . . luk. . . isa . . obad. . rev. . . chap. . . chap. . . euseb. eccles. hist. lib . c . . li. . ca. . de vita constan . li . ca. , , . isa. . , , . gen. . . revel. . . dimidium facti , &c. part : ii. mat. , . ier. . . isa. . . part . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} acts . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} matth. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} luk. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} thes. . . revel. . . isa . . psal. . . ii generall head . heb. . . iude . gal. . . heb. . . heb. . . mutationem : trem : translationem erasm. ar : mont. psal. . . psal. . . acts . . rev. . . cor. . . , , . luk . . mark . . . &c. psal. . . psal. . . isa. . . obad. . isa. . , , , , , . chap. . , . chap. . , . micah . . . isa. . , , , , . chap . , , , &c. v. , . chap. . , . ezek. . . amos . . rom. . , &c. isa. . , . chap. . . mal. . . ezek. . , revel. . . chap. . , , , &c. zach. . , , . acts . . obs : reas. . psal. . , . psal. . , . isa. . , , . isa. . ier. . , . chap. . , , . . zech . , , . chap. . . rev. . , &c. acts , & mon : histor. pap. reas. . psal. . , , , . rev. . . matt. . . cor. . . ephes . , , . tim. . , . psal. . . isa. . , . revel. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} bel de rom. pon . li c. . thes. . , dan. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rev. . . rev. . , . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} thes. . . roma sedes petri , quae pastoralis honoris , facta caput mundo , quicquid non possidet armis relligione tenet . prosp. de ingrat . reas. . ioh. . . isa. . . ier. . ezek. . . chap. . , . hos. . . amos . . exod. . , . iosh. . , . hal● . . ier. . , . revel . . psal. . , . isa. . , , . ier. . , . revel. . , . zach . . ier. . . iudg. . , petra dedit petro , petrus diadema rodulfo . reas. . heb. . . cor. . . vse . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . luk. . , ● . esther . . gen. . . isa. . . kin. . . hab. . . isa. . . qu. ans. luk. . . vse . vse . vse . vse . vse . the antipodes, or, reformation with the heeles upward being a compendious narrative or discovery, of the great hypocrisie of our pretending reformers, the treacherous enslaving practices of a trayterous party in the house of commons, contrary to their solemn protestations, frequent declarations, declared duties and the known laws of the land &c. : whereby both the commonality and souldiery may plainly discover that what was formerly by them adjudged tyrannie and oppression in others is now practiced and maintained to be justice and equity in themselves, and that notwithstanding they pretend liberty, they intend slavery, both to the king, his posterity and the people ... j. h. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the antipodes, or, reformation with the heeles upward being a compendious narrative or discovery, of the great hypocrisie of our pretending reformers, the treacherous enslaving practices of a trayterous party in the house of commons, contrary to their solemn protestations, frequent declarations, declared duties and the known laws of the land &c. : whereby both the commonality and souldiery may plainly discover that what was formerly by them adjudged tyrannie and oppression in others is now practiced and maintained to be justice and equity in themselves, and that notwithstanding they pretend liberty, they intend slavery, both to the king, his posterity and the people ... j. h. harris, john, fl. . p. printed and published for the information of the oppressed commons of england, oxford : . written by j.h. cf. bm. signed at end: i.h. "a tirade against the parliament, at times almost royalist in tone ... professor firth thinks it probable that this i.h. is john harris, a leveller ..." cf. madan . reproduction of original in huntington library. eng england and wales. -- parliament. a r (wing h ). civilwar no the antipodes, or reformation with the heeles upward. being a compendious narrative or discovery, of the great hypocrisie of of [sic] our pr i. h c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the antipodes , or reformation with the heeles upward . being a compendious narrative or discovery , of the great hypocrisie of of our pretending reformers , the treacherous enslaving practises of a trayterous party in the house of commons , contrary to their solemn protestations , frequent declarations , declared duties , and the known lawes of the land , &c , whereby both the commonalty and souldiery may plainly discover , that what was formerly by them adiudged tyrannie and oppression in others ; is now practised and maintained to be justice and equity in themselves ; and that notwithstanding they pretended liberty , they intended slavery , both to the king , his posterity , and people . isaiah . , . their feet runne to evill , and they make haste to shed innocent bloud : their thought are thoughts of iniquity ; wasting and destruction is in their paths . the way of peace they know not , and there is no judgement in their goings : they have made them crooked paths , whosoever goeth therein , shall not know peace . oxford printed and published for the information of the oppressed commons of england . . the antipodes , or reformation with the heeles upward . it cannot be forgoten , that at the first comming together of this parliament , there were many burthens , and multitudes of oppressions and iniustices done by persons in trust and authority ; to the great dishonour of the king , and damage of the kingdome ; all which were in the parliaments remonstrance largely explained , and laid down in divers heads or branches , viz. . that proiects and monopolies were granted , and a generall burthen brought upon the kingdome , for the enriching of particular persons . . that persons were protected from due processe at law , by the power of great ones , the guilty acquitted , and innocent condemned . . that the law was not the security , but the ruine of the people . that illegall and unnecessary taxes , as ship-money , and others , ( contrary to law and the subiects liberty ) were imposed . . that severall free men were illegally dis-infranchised of their liberties , and imprisoned , without any indictment , or testimony of fact committed . . that many others were stigmatized , fined , and banished , for endeavouring the maintenance of the lawes and liberties of the kingdome . . that many were forced to sweare to answer to interrogatories against themselves , &c. these and many other great grievous oppressions lay upon the pore people of england , untill such time as this parliament ( in the infancy and innocency thereof ) did both declare against them , and endeavour to bring the authors to condign punishment , for the performance whereof they entered into a solemne covenant , wherein they engaged the whole kingdome with them . in pursuance of which engagement , the lords and commons by severall declarations and ordinances improved their interest in the people often declaring unto them the urgent necessity of assisting them ; and often calling the great god of heaven and earth to witnes that what they then aimed at was only the removing the king from his evill councellours , and bringing delinquents to tryall , & securing the peace and liberty of the subiect ; and that if after all their reproaches from their enemies , and slightfull discouragements from friends , they could but obtain the desired end before mentioned , they should reioyce in their sufferings , and thinke that to be a sufficient reward of all their labours . and further , that they might the better worke upon the affection of the people , they in a declaration jan. . . declared as followeth . vve place not our confidence in our own strength , but in god almighty , the lord of hosis , who will not leave nor forsake his people : it is his own truth and cause we maintain the exaltation of the kingdome of his sonne , and the preservation of his church , and of this whole iland from utter ruine , is our aime , and the end we have before our eyes . upon these and the like grounds , we resolve with courage and constancy unto the end to do our parts ; and the lord who hath ●i●red up out spirits , displayed his banner , and given the alarum , do that which seemeth him good . and this declaration we make not from any presumption in the strength of our armies ; but from the sence of that duty which is required , and expected from the high places and relations wherein we stand , &c. having after long and grave consultations resolved and decreed , never to lay down armes , till truth and peace by the blessing of god be settled in this kingdome upon a firm foundation , for the present and future generations ▪ which shall be esteemed of us a sufficient , yea abundant reward of all that wee can do or suffer in this cause . oh that too many members of the houses of parliament had not forgot themselves ! or that they would remember , that the al-seeing god , ( who knew their hearts , and hates hipocrisie ) will surely require the due performance of their solemne engagements at their hands ; and that they cannot now expect the continuance of his blessing upon them , since they have neglected to pay their vowes unto god ▪ performe their declared duty to the kingdome , whereunto they engaged themselves , and called him as a witnes , as if their iniquity were not sufficient , unlesse proclaimed in the face of jehovah . heare oh heavens , and tremble oh earth ; oh england stand amazed ! many of your trustees have conceived wickedness , they promised liberty , but behold slavery ; they pretended justice , but behold oppression ; they pretended reformation , but behold deformation ; they pleaded law , but have lost conscience ; they pretended purity , but behold hypocrisy ; justice is turned backward , treason is countenanced , and truth discouraged , your oppressours honoured , your friends dispised ; your seeming safety , is become your certaine sicknesse , and what will you doe in the end thereof ? beleeve it country-men and fellow souldiers , our condition is much worse then at the beginning , for then we knew our sicknesse , and remedy , but now such are our distempers , that wee may more easily know them then cure them ▪ t is their priviledge is our bondage , their power our pestilence , their rights our poverty , their wils our law , their smiles our safety their frownes our ruine ; and though by the free commons chosen servants , yet by their usurpations become masters , ney kings ; commanding both king and people without controule ; because they cannot make a law they le keepe none . consider all your former sufferings , being compared yee will find that these aegyptian task-masters doe much exceed in cruelty ; remember the vast expence of blood and treasure you have laid out for them to keepe them quiet , see the improvement of it , see what oppressions they have eased you off , ney rather have not doubled : . if all proiectors be proclaimed enemies , what makes sir henry vane senior in the house of commons ? . if it be a crime destructive to the law and liberty of the people for persons to be examined from the due course of law and justice , as the parliament have often declared , against the king , how comes it to passe that manchester , clotworthy , vvaller , hollis , and barwis , and many other accused of treason and other misdemeanours against the state , are protected by vertue of a never before heard of priviledge , and their accusers imprisoned , to the ruine of themselves and families ; oh england , england , what will become of thee , when thy fellow subiects exercise soveraignity , and thou like a silly sheep delights to have it so ? . if the working the law like a nose of wax , and making it speake what the designed would have it , be a practice distructive to the law and liberty of the people what are ▪ and have been the votes orders , and practices of their committees , who derive a power from the parliament , & they from the law , for all their extraiudiciall practices and illegall proceedings in the examinations censures and sentences passed upon their fellow commoners , answering all pleas with their power ; and silencing all disputes , with this one affirmative , we that are the makers of a law , are best able to iudge of the sense and and meaning of the law ; and so if they say stealing is but borrowing , drunkennesse is but good fellowship , whoring a trick of youth : treason or breach of trust , but a mistake , or mis-understanding ; wee are bound to beleeve it because they say so ; let ignorance be the mother of devotion , and then oh brave lawes , a brave parliament ; such as is the tree , such will be the fruit , and then farwell to liberty , and welcome slavery : stoope , stoope poore england to the yoke of subiection ; be a servant to thy servant , and let it be reported in future ages , that thou brokest the bonds of thy soveraigne , and became a slave to thy equals . . if the imposing illegall taxes in the parliament sense , be destructive to the law and liberty of the people , pray how comes it to passe that so many ordinances for tithes of all other , that anti-christian and soule murthering edict , with many other subiect devouring votes ; hath within these few yeares passed for currant coyne and good law amongst us . . if it be a distructive practice to imprison free men without indictment or testimony of fact , committed by three witnesses , which the law of the kingdome requires . how comes it to passe that so many faithfull servants of god and the kingdome , have been so long imprisoned , some a yeere , some two , some more ; meerly for discharge of their duties to god and the kingdome ; in discovering the treasons and deceitfull practices of such as endeavoured the kingdomes ruine ; what makes lilburne , overton , musgrave , booth , and many more in the tower , fleet , newgate , gate-house , vvhite-lyon , every prison having some sufferers for the kingdomes cause in it , who are high unto famishing ; oh england england , if thou suffer thy selfe thus to be enslaved by thy servants , thou wilt prove a bye-word to all nations , and not deserve the pitty of any : rouse up thy self , and rush upon thy adversaries ; let them know that though thou hast been long patient , yet thou both darest and knowest how to call them to account for all their actions , let them know that thou art sensible of those vast summes or thy treasure they have received , and shared amongst them , and make them feare and tremble ; looke back upon their declarations , have they not covenanted , and caused you to covenant , and lift up your hands to the most high god , to preserve the priviledges of the parliament , and the liberties of the people ? ( not by their priviledges to destroy your liberties ) to preserve and defend the king in his person and authority , and not to usurpe his power , and imprison his person , to discover and discountenance evill doers , not to protect and defend them , to bring them to alegall tryall as malefactors , not to impower them as judges of their accusers ; have they not declared that this was the ground of their undertaking , and that the reformation of the church , and preservation of the law , ( viz , ) mercy and truth , justice and judgement , was the onely thing they aimed at ; having resolved never to lay down armes till this was effected , with many heavy imprecations , desiring the lord no longer to continue his blessing upon them , then they designed his glory and the good of this poore kingdome ; now country-men and fellow souldiers see whether the lord hath not iustly weighed them in his ballance ; see if he hath not met with them in their secret iniquity ; they trusted in their wisdome , and it turned to foolishnesse ; they boasted in their strength and confederacy ; but the horses of aegypt are flesh and not spirit ; their confidence shall prove a snare , and the pit they digged for others they will fall into themselves ; they have ceased to doe what was pleasing to the lord ; they sought themselves and forgot the holy one of israell . in the time of their necessity they promised faire , but having obtained their ends as they vainly imagine the case is altered : see the fore-mentioned declaration . although every man is to hope for the principall reward of his service from god , who rewards every one according to his workes , yet wee find our selves bound in conscience and equity to declare , that besides those who have the publicke faith engaged to them for their security , such as since the beginning have done valliantly , and dealt faithfully in the cause , and such as have chosen rather to suffer the spoyling of their goods , then to assist the enemy , or to take armes against their religion and country , and shall continue constant in the same cause of doing or suffering unto the end , shall be according to their merrits taken into publique notice and consideration , their losses so far as may be repaired , and themselves honoured and rewarded by such meanes and waies as we trust god in his providence shall afford , so that no man that hath been eminent in action , or hath suffered any notable losse for the publicke , shall be neglected or slighted , but one way or other shall be thankfully remembred to his owne honour , and the good of his posterity . here is a plentifull seed time , but a slender harvest ; large promises but few performances ; they confesse themselves bound in conscience and equity to promise ; but not to performe ; fellow souldiers this belongs particularly to you , that you have beene both faithfull and valliant , if they should say the contrary , the kingdome , your enemies , nay their owne consciences would give them the lye ; but where 's your reward ? they are not at leasure yet , they will when you are dis-banded , they cannot doe it altogether ; no , one after another , as fast as they can get power ; you shall have it may be cleane straw and a stone-wall , a stigmatized name of rogue , anabaptist , brownist , &c. alack alack , they have beene so liberall to their fellow members ( who lost j confess great losses ) some townes through treachery , others cities through couardice , others stole one day , and was rob'd the next ▪ 't is fit they should have thousands for their faithfull service , and 't is pitty such masters should have better servants , but as for you , alas alas , you are sectaries , schismatickes , you made too much hast , you bring the king to soone , to call them to accoumpt , they must raigne a little longer , and rather then they will want worke , they le begin with you , what care they what the king , kingdome , or people suffer , provided they be secured ; therefore gentlemen and fellow souldiers , now while you have power improve it , remember the end of your taking up armes was to defend the kings maiesty , and to bring offendors to tryall , let them be of which side they will , without limitation , and accordingly let them know that you expect and will have every member whether of the lords or commons , who stands charged with any crime , to be delivered up to the ttyell of the law to be acpuitted or condemned ; and that his maiesty be invested in his iust power , and that the great taxes and burthens be removed , the souldiers of all armies , that be or hath been under command of this present parliament , in point of arrears be satisfied , a generall act of oblivion passed for both parties , so farre as law and iustice will allow ; mitigated it being a most unmercifull act for the fathers crime to ruine whole families . that there be an account given of all moneys received upon the severall ordinances of parliament , and of the disposall thereof ; that the publique debts be paid by a generall tax , equally laid upon all sorts and degrees of people according to their estate , ( if there be not enough found in banke in the lands of parliament men , committee men and the like . ) that the militia be put into faithfull hands ; and not continued in the disposall of your and the kingdoms enemies — that corruptions in courts of iustice be examined , reformed , and reduced to the premitive institution . that the illegall and extraiudiciall fees of judges , lawyers , and jaylors may be regulated . that a declaration be published to the kingdome with speed by all the faithfull knights and burgesses in the house of commons , against the illegall proceedings of that trayterous party , and that they protest against them ; to the end the kingdome may be informed who are their enemies , lest the good and bad ( being unknown ) perish together . that the iust priviledges of the parliament may be by declaration made manifest to the kingdome , and the kingdome not inslaved by an unknown and unlimitted priviledge . that the house of commons be hence forward , not like a close committee , but a free court of judicature , alwayes open to receive the petitions of the respective counties and corporations , by whom they are trusted , and to execute justice and judgement without delay or partiallity ; and that it be also declared ( as formerly ) to be the liberty of the people to petition ; and the duty of parliaments to receive and relieve them . that every member of that house , against whom any charge hath been or shall be brought , be forthwith suspended the house , and secured , as hath been the practice of former parliaments , and not protected and abetted . that all wayes that hath been used by any member of parliament , or any other agents for them , either in scotland or elsewhere for the raising of forces against the army , be speedily declared against by both houses , and the kingdome inabled by their militia to oppose all such forces , whether from abroad or at home . that sufficient care be taken for the liberty and protection of those which cannot submit unto the externall worship of the nation ; though otherwise conformable to the civill power and authority thereof . this is that which must be the foundation of your peace if it be lasting , and if you disband before this be obtained , you may say farewell , liberty , peace , and all that outward comfort which you may iustly challenge as your birth-right , both by the law of god , and fundamentall institution of this kingdome . and you poore commons of england , unlesse you seriously and suddainly lay your condition to heart , and as one man rise up for the vindicating of your selves against those which have abused and daily endeavour to inslave you , and if you doe not now take this opportunity inioyning with and assisting of this army , who hath been faithfull in delivering you from one enemie , and have now againe undertaken to stand in the gap , and to be your protectors and restorers , j say if you shall now dissent them , know assuredly , that you doe hammer out a yoake for your owne necks , which will pierce the lives , liberties , and estates , of your selves and posterities , and when your sufferings bring you sorrow , you may not happily find deliverers . you see they confesse , in case the body representative deceive their trust , the body politique hath power to preserve itselfe , booke decl. pag. . here is warrant sufficient , up therefore and be doing , and the lord who is wisedome and strength make you both wise and valiant . farewell . this is the counsell of him that will not only prescribe , but indeavour the obtaining the same with the hazzard of his life and fortunes . i. h. finis . the lord bishop of rochester's letter to the right honourable the lords commissioners of his majesties ecclesiastical court sprat, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lord bishop of rochester's letter to the right honourable the lords commissioners of his majesties ecclesiastical court sprat, thomas, - . broadside. s.n., [london? : ?] imprint suggested by wing. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- ecclesiastical commission ( ) great britain -- history -- james ii, - . great britain -- church history -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lord bishop of rochester's letter to the right honourable the lords commissioners of his majesties ecclesiastical court. my lords , i most humbly intreat your lordships favourable interpretation of what i now write , that since your lordships are resolved to proceed against those who have not complied with the king's command in reading his declaration , it is absolutely impossible for me to serve his majesty any longer in this commission . i beg leave to tell your lordships , that tho' i my self did submit in that particular , yet i will never be any ways instrumental in punishing those my brethren that did not : for as i call god to witness , that what i did was meerly on a principle of conscience , so i am fully satisfied , that their forbearance was upon the same principle . i have no reason to think otherwise of the whole body of the clergy , who upon all occasions have signalized their loyalty to the crown , and their zealous affections to his present majesties person , in the worst of times . now my lords , the safety of the church of england , seeming to be exceedingly concern'd in this prosecution , i must declare i cannot with a safe conscience sit as judge in this cause upon so many pious and excellent men , with whom ( if it be god's will ) it rather becomes me to suffer , than to be in the least accessary to their sufferings : i therefore earnestly request your lordship to interceed with his majesty , that i may be graciously dismissed any further attendanee at the board , and to assure him , that i am still ready to sacrifice whatever i have to his service ; but my conscience & religion . my lords , your lordships most faithful and humble servant r — the humble petition of the worshipful thomas adams, john langham, and james bunce, aldermen of london, presented to the lords at their bar on tuesday april . . wherein is declared their firm resolution to stand for the defence of the established laws of the land. also their protestation against the lords jurisdiction over them or any other commoners in criminal cases. with their appeal from the lords to their proper and competent judges (a jury of their equals) and judges sworn to proceed according to the known law of england. together with a salva libertate by them sent to the lieutenant of the tower, april . . adams, thomas, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the humble petition of the worshipful thomas adams, john langham, and james bunce, aldermen of london, presented to the lords at their bar on tuesday april . . wherein is declared their firm resolution to stand for the defence of the established laws of the land. also their protestation against the lords jurisdiction over them or any other commoners in criminal cases. with their appeal from the lords to their proper and competent judges (a jury of their equals) and judges sworn to proceed according to the known law of england. together with a salva libertate by them sent to the lieutenant of the tower, april . . adams, thomas, sir, - . langham, john, sir, - . bunce, james, sir, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread , [ ] p. printed for j. norris, london : april . . a salva libertate is dated and signed on p. : from our chambers in the tower of london, april . . thomas adams, john langham, james bunce. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of lords -- early works to . fair trial -- england -- early works to . london (england) -- history -- th century -- early works to . a r (thomason e _ ). civilwar no the humble petition of the worshipful thomas adams, john langham, and james bunce, aldermen of london,: presented to the lords at their bar adams, thomas, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble petition of the worshipful thomas adams , john langham , and james bunce , aldermen of london . presented to the lords at their bar on tuesday april . . wherein is declared their firm resolution to stand for the defence of the established laws of the land . also their protestation against the lords jurisdiction over them or any other commoners in criminal cases . with their appeal from the lords to their proper and competent judges ( a jury of their equals ) and judges sworn to proceed according to the known law of england . together with a salva libertate by them sent to the lieutenant of the tower , april . . the second edition corrected . unto which is annexed a desire to have them read in all the parish churches of england and wales . london , printed for j. norris , april . . a salva libertate sent to colonel tichburn lieutenant of the tower , on sunday , april . by thomas adams , john langham , james bunce , aldermen of london , now prisoners in the tower . being occasioned by the receipt of a paper sent unto them by the said lieutenant wherin the said lieut was seemingly authorized to carry them before the lords on tuesday next , being the of april . to our honored friend col. tichburn lieutenant of the tower . sir , we received a paper from you , seeming to authorize you to carry our persons before the lords , to answer to a charge : we are constrained to inform you here by , that our persons ought not to be hurried to & fro , or disturbed at the pleasure of any man , neither can we yeeld obedience to the commands of any , which are not legal ; and therefore in case you intend to disturb us on teusday next , we expect to see a legal warrant from some person or court , which have a jurisdiction over us in case of a real or supposed crime : and we must acquaint you , that the lords have no legal power to summon us to answer to any crime whereof we are accused or suspected : and therefore you must expect to answer for whatsoever injury you offer to our persons , and know hereby , that we shall not voluntarily go from hence to westminster by vertue of the paper received , but shal suffer you to carry us , if you shall send force which we cannot resist . from our chambers in the tower of london , april . . your friends and servants , thomas adams , john langham , james bunce . to the right honorable the lords assembled in parliament . the humble petition of thomas adams , john langham , james bunce aldermen of london , &c. sheweth , that if your petitioners shall submit to your lordships jurisdiction over commoners in those criminal cases or novalisms in law , intituled articles of impeachment of high treason and other misdemeanors ; they shall not only be phe-loes de-ses , but also shall murther the persons , and ruine the estates of all the free born people of england ; and that which is more , they shall betray the common law , which is the supream authority ( under god ) of the nation , and the inheritance of every free-mans posterity : and that which is worst of all , they shal be instrumental to pul down al the judicatories of the kingdom , and reedifie an arbitrary government many stories higher then ever the star chamber , high commission or councel table were ; and by the same rule that your lordships have fined several commoners l . a man for not kneeling or submitting to your lordships jurisdiction in criminal cases , for which there is no law , nay , which is absolutely and apparently against the fundamental laws of the land , and the ordinary rule of your own court of judicature , usually referring those causes which appertain to the common law , to the other courrs of justice , especially if the people desite it , so you may fine their fellow citizens , and commoners of england as many millions , and take away the lives and estates , of all as well as some , to the perpetual destroying and inslaving the whole kingdom . for by the chapter of the great charter , all commoners are to be tryed by their equals ; and there are sessions of parliament which confirm the great charter , being a statute declaratory of the common law , especially those eminent laws , wherein your lordships had your shares in making of them , viz. the petition of right in the caroli , and the act for abolishing the star-chamber , and regulating the counsel table , in the . caroli , in which many statutes are enumerated , that commoners ought to be tryed by their equals , by bill of indictment or writ original , and by those of their neighbourhood ; and all decrees and judgments made contrary thereunto , are declared thereby to be null and void in law , which bars all presidents : and by severall declarations and ordinances your lordships have declared , that ordinances are no laws , but temporary , during the wars ; and the cause of necessity being taken away , your lordships have promised the free people of england , that they shall be governed according to the known laws of the land , as it appears in the ordinance dated the of january , . and it is against the law of god , nature and nations , that any person or persons should be judg and parties , examiners & accusers in their own cause , or to be tryed any otherwise then by a known law , for where there is no law there is no transgression . it is declared by sir edward cook , that the parliament cannot make a law against the law of nature , which is custom according to right and necessary reason . that presidents are nothing in comparison of the common and statute laws , being known maximes in law , a facto ad jus non valet argumentum ; gubernandum est legibus non exemplis : articles are nothing in law but meer innovations and prerogative extrajudicials , especially when ordinary persons are in question . the old maxime in law is , non recurrendum est ad extraordinaria quando fieri potest per ordinaria . and your lordships are not only sworn , but have imposed several oaths , as the protestation , and solemn league and covenant , upon the free commoners of england ; to defend the fundamental laws of the land . and they are confident your lordships will be very tender of the preservation of the great charter , in which is wrapped up our lives , liberties and estates ; your noble predecessors being so glorious and famous instruments in assisting the people , in purchasing the same . concerning the point of presidents , which is all can be said for your lordships , we shall give you this answer . . it is observable , that most commoners , which have submitted to your lorships jurisdiction , were in the time of the civil wars , flagrante bello , not by compulsion , but by voluntary petitions of the commons in a summary way , to the king in person . . one president against your lordships jurisdiction is of more consequence then a thousand for it ; the reason is plain , because all courts of judicature are bottomed upon the law of the land , and it cannot be supposed that any court can be miscognizant of its own jurisdiction . your lordships have confessed in sir simon de berisfords case , that it is against the law for peers to try commoners , and your predecessors have promised upon record , that they wil never do the like again , though that occasion were superlative . . the corporation of cambridg was accused before the king and lords for complying with the rebels of essex , kent and hartford , their councel pleaded against the jurisdiction of the lords house , in the point of treason , and the king and lords allowed of the plea , as appears rot. parl. . rich. . numb. . . as there are many presidents more may be alledged , that commoners have denyed your lordships jurisdiction , and that your lordship have transmitted such cases to the common law , if desired by the free people ; so there can no president be shewn that commoners , which have refused to be tryed by your house , have been over-ruled by them in point of jurisdiction . . there was never president , since there were parliaments in england , that the same session of parliament hath imprisoned , fined , or any otherwise diss●i●ed or destroyed any man for obeying or executing the laws , ordinances , or orders of the same parliament . and there are many ordinances in force , which indempnifie all those which have acted by the authority of parliament , viz. may . . . part book decl. p. . june . . p. . the premises considered ; your petitioners being free commoners of england , according to the known laws of the land ( de jure claim their birth right , which is to be tried by god & their country , in his majesties court of justice , by the sworn judges of the law , and a iury of their equals of their own neighbourhood , where the pretended fact was done , the courts of iustice being open . and your petitioners shall pray , &c. notes, typically marginal, from the original text notes for div a e- all honest ministers and true hearted englishmen , that love the laws and liberties of their native country , are earnestly desired in all the parish churches and market towns in the kingdom of england and dominion of wales to read the fore-going petition publikely and openly , that so the people thereby may be instructed in their laws and liberties . ordered by the lords and commons assembled in parliament that the committee of the army do forthwith issue warrants for payment of the army ... england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ordered by the lords and commons assembled in parliament that the committee of the army do forthwith issue warrants for payment of the army ... england and wales. broadside. printed for edward husband, london : . at head of title: die jovis, januarii, . reproduction of original in the harvard university library. eng england and wales. -- army -- pay, allowances, etc. great britain -- history -- civil war, - . a r (wing e ). civilwar no die jovis, januarii, . ordered by the lords and commons assembled in parliament, that the committee of the army do forthwith issue wa england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , januarii , . ordered by the lords and commons assembled in parliament , that the committee of the army do forthwith issue warrants for payment of the army eight and twenty days pay out of the moneys in the several counties collected for the six moneths assessments , as the army is now dispersed , and do imploy the rest of those assessments to pay and disband the supernumerary forces ; and that the respective commissioners of such counties as the committee for the army shall or have written unto , do within fourteen days cause the residue of those six moneths assessments to be paid into the treasury at guid-hall london . and it is further ordered , that the committee of the army do take care , that the army , after this moneths pay , be paid out of the succeeding moneths assessments of the several counties ; and for this end all commissioners are to see the moneys of the three succeeding moneths collected , that the army may be paid therewith in the several counties , out of the money there arising by those succeeding three moneths assessments , so that free-quarter be prevented . joh : brown , cleric . parliamentorum . h : elsynge , cler. parl. d. com. london : printed for edward husband , printer to the honorable house of commons . january . . free-parliament quæres: proposed to tender consciences; and published for the use of the members now elected. by alazonomastix philalethes. more, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) free-parliament quæres: proposed to tender consciences; and published for the use of the members now elected. by alazonomastix philalethes. more, henry, - . [ ], p. s.n.], [london : printed in the year of our redemption. . alazonomastix philalethes = henry more. place of publication from wing. annotation on thomason copy: "april ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no free-parliament quæres:: proposed to tender consciences; and published for the use of the members now elected. by alazonomastix philalethes more, henry a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion free-parliament quaeres : proposed to tender consciences ; and published for the use of the members now elected . by alazonomastix philalethes . spectatum admissi risum teneatis amici ? printed in the year of our redemption . . free-parliament quaeres , &c. . vvhether coffee be not the most fitting drink for the english nation , since we have equalled , nay out-gone the turks themselves ; for though they murdered the father , yet they presently set up the son ? . whether our late rumpers deserve not that that saying , nulla fides pietasve viris qui castra sequuntur , should be thus interpreted , there is neither faith nor pity to be shewed to them nor their janizaries ? . whether hell at westminster be not likely to lose its customers , since the devils are turned out of the parliament house ? . whether thom. scot can pretend to liberty of conscience , since he made an arch-bishops house a prison or gaol ? . whether by the covenant , sir arthur haslerigg ought not to be ejected from the bishoprick of durham , since by that we have sworn against all limbs of episcopacy ? . whether hanging or drowning be the best waies of transportation of our late republicans to the common-wealths of vtopia or oceana ? . whether that prophecy the saints shall rule the earth , be not meant of barbadoes , jamaica , or some terra incognita ? . whether col. john s. can keep off the taxes of an execution , by the profit he got by printing the late act of assessement ? . whether f. and h. the late common-wealth printers should not change names , since the first swells like a mountain , and the other is but a poor leveller ? . whether sir arthur haslerigg hath not a president of patience , in this his falling into the pit of adversity , from his falling into the ditch at leicester ? . whether bradshaw and dun did not accompany each other to hell , that the devil having got such a judge , might not want a fit executioner ? . whether the losse of writing the news of england , was not the cause that nedham was so busie with the news from brussels ? . why since england hath so long been made bedlam , the sectarians should rather be called fanaticks than franticks ? . whether the army be not dispossessed of the devil , and sir arthur , since they begin to submit to the civil authority ? . whether the souldiers ought not to tear off their red coats , since oliver first instituted them , that they might resemble the devils pensioners , in flaming doublets ? . whether the fanaticks do not hate monck now , as much as ever they did the church , their king , or country ? . if the proverb be true , when knaves fall out , honest men may come by their goods ; then whether lamberts switching the rump out of doors , and their driving him into the tower , may not open a door of hope for something further ? . whether a long parliament , a lord , and five members , might not , were they now conjoyned together , be termed the devils coach with six horses ? . whether there is not like to be a lesse arbibitrary administration of justice in hell , if bradshaw be made president there , instead of minos , rhadamanthus , or aeacus ? . vvhether the next parliament ought not to condemn dr. john owens primer , to be burnt by the common hangman , since it was made for the use of the children of the rump ? . whether any of the late rump could have stood for parliament-men , if neither fools nor knaves had been capable of election ? . whether it be not the cheapest way of buying lands , with col. harvey and others , to agree with the state for three moieties , and then cozen them of two ? . whether that comedie , called the costly whore , was not intended for the life of the lady sands , and was written by henry martin ? . whether the bastard , a tragedie , was compiled by mr. goff , or written by j. ireton ? . whether orlando furioso that antient italian poem , was not meant for a prophetical relation of the life of sir arthur haslerigg ? . whether the discontented collonel , be not the fittest play to be acted by our cashiered officers , since they have now no more to do in state comedies ? . whether sir arthur did not act the raging turk in westminster-hall , when he saw the admission of the secluded members ? . whether it was to know if he should be chosen for parliament man , or when he should take his turn at tyburn , that the said gentleman lately addressed himself to the star-cheater lilly ? . whether col. s. creditors have any assurance of his honestie , since he may , being a printer , so easily change the first letters of his name , and make it cheater ? . whether atkins be the anagram of a stink , or a stink of atkins ; and whether that be not a very fitting name for a member of the rump ? . whether the fift of november , or the twenty one of february , deserve the greater solemnity , as a day of delivery from the grander traytors ? . why a rump being a small and worst part of a man , so many good saints should go together to the making of it up ? . whether ever doctors commons might more fitly be called the spiritual court than lately , when none but saints were judges and proctors ? . whether the proverb that saith , facilis descensus averni , the way to hell is easie , be not a mistake , since our late states-men took such pains in it ? . whether the so stately equipping of the naseby frigat , be not for the bringing home of the son , since the father lost his crown and dignity at that fatal place , that so there may be an allusion to that proverb ? — quâ cuspide vulnus acutâ tulerat , hâc ipsâ cuspide tulit opem. . whether an act of oblivion can ever be really passed for the late men of the tail ; since they can never forget their former rogueries , if they be suffered to injoy the profits of them ? . whether the salt of the english wits is not strangely unprofitable , since it makes the rump to stink more and more in the nostrils of the people ? . lastly , whether it be not good service to the nation , to keep the stink of them thus fresh in their noses , that they may for the future avoid fouling their fingers with them ? finis . dr wild's humble thanks for his majesties gracious declaration for liberty of conscience, march . . wild, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing w a interim tract supplement guide c. .f. [ ] interim tract supplement guide c. .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]; a : [ ]) dr wild's humble thanks for his majesties gracious declaration for liberty of conscience, march . . wild, robert, - . sheet ([ ] p.). [s.n.], london : printed in the year, . signed: iter boreale [i.e. robert wild]. verse: "no, not one word, can i of this great deed ..." with reference to charles ii's declaration of march . item at a : [ ] imperfect: torn at foot with loss of imprint. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : charles ii) -- poetry -- early works to . dissenters, religious -- england -- early works to . great britain -- politics and government -- - -- poetry -- early works to . great britain -- history -- charles ii, - -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion d r wild's humble thanks for his majesties gracious declaration for liberty of conscience , march . . no , not one word , can i of this great deed , in merlin , old mother shipton read ! old tyburn take those tychobrahe imps , as silger , who would be accounted pimps to the amorous planets ; they the minute know , when jove did cuckold old amphitryo , ●en mars and made venus wink and glances , their close conjunctions , and mid-night dances . when costive saturn goes to stool , and vile thief mercury doth pick his fob the while : when lady luna leaks , and makes her man throw 't out of window into th' ocean . more subtle than the excise-men here below , what 's spent in every sign in heaven they know ; cunning intelligencers , they will not miss to tell us next year , the success of this ; they correspond with dutch and english star , as one once did with charles and oliver . the bankers also might have , had they gone , what planet governe'd the exchequer , known . old lilly , though he did not love to make any words o●'t saw the english take , five of the smyrna fleet , and if the sign had been aquarius , then they 'd made them nine when sagitarius took his aim to shoot at bishop cosin , he spyed him no doubt ; and with such force the winged arrow flew ; instead of one church stagg he killed two ; glocester and durbam when he espy'd , let lean and fat go together he cry'd . well wille lilly thou knew'st all this as well as i , and yet wouldst not their lordships tell . i know thy plea too , and must it allow , prelates should know as much of heaven as thou : but now friend william , since it s done and past , pray thee , give us phanaticks but one cast , what thou foresaw'st of march the fifteenth last ; when swift and sudden as the angels flye , th' declaration for conscience-liberty ; when things of heaven burst from the royal breast , more fragrant than the spices of the east . i know in next year's almanack thou'lt write , thou saw'st the king and council over-night , before that morn , all sit in heaven as plain to be discern'd , as if 't were charles's waine , great b , great l , and two great aa's were chief under great charles to give poor fan's relief : thou sawest lord arlington ordain the man. to be the first lay metropolitan . thou saw'st him give induction to a spittle , and constitute our brother tom-doe-little . in the bears paw , and the bulls right eye , some detriment to priests thou didst espye ; and though by sol in libra thou didst know which way the scale of policy would go ; yet mercury in aries did decree . that wool and lamb should still conformists be . but hark-you will , steer-poching is not fair ; had you amongst the steers found this march-hare , bred of that lusty puss the good old cause , religion rescued from informing laws ; you should have yelpt aloud , hanging's the end , by huntsmens rule , of hounds that will not spend . be gone thou and thy canting-tribe , be gone ; go tell thy destiny to followers none : kings hearts and councils are too deep for thee , and for thy stars and doemons scrutinie . king charles return was much above thy skill to fumble out , as 't was against thy will. ●rom him who can the hearts of kings inspire , not from the planets , came that sacred fire of soveraign love , which broke into a flame ; from god and from his king alone it came . to the king . so great , so universal , and so free ! this was too much great charles , except for thee , for any king to give a subject hope : to do thus like thee , would undo the pope . yea , tho his vassals should their wealth combine , to buy indulgence half so large as thine ; no , if they should not only kiss his toe , but clement's podex , he 'd not let them goe . whil'st thou to 's shame , thy immortal glory , hast freed all-souls from real purgatory ; and given all-saints in heav'n new joys , to see their friends in england keep a jubilee . suspect them not , great sir , nor think the worse ; for sudden joys like grief , confound at first . the splendor of your favour was so bright , that yet it dazles and o'rewhelms our sight ; drunk with her cups , my muse did nothing mind ; and until now , her feet she could not find . greediness makes profa'ness i' th' first place ; hungry men fill their bellies , then say grace . we wou'd make bonfires , but that we do fear the name of incend'ary we may hear . we wou'd have musick too , but 't will not doo , for all the fidlers are conformists too . nor can we ring , the angry churchman swears , ( by the king's leave ) the bells and ropes are theirs . and let 'em take 'em , for our tongues shall sing your honour louder than their clappers ring . nay , if they will not at this grace repine , we 'l dress the vineyard , they shall drink the wine . their church shall be the mother , ours the nurse . peter shall preach , judas shall bear the purse . no bishops , parsons , vicars , curates , we , but only ministers desire to be . we 'l preach in sackcloth , they shall read in silk . we 'l feed the flock , and let them take the milk. let but the black-birds sing in bushes cold , and may the jack-dawes still the steeples hold . we 'l be the feet , the back and hands , and they shall be the belly , and devour the prey , the tythe-pigg shall be theirs , we 'l turn the spit , we 'l bear the cross , they only sign with it . but if the patriarchs shall envy show to see their younger-brother joseph go in coat of divers colours , and shall fall to rend it , ' cause it 's not canonical : then may they find him turn a dreamer too , and live themselves to see his dream come true . may rather they and we together joyn in all what each can ; but they have the coyn : with prayers and tears such service much avail : with tears to swell your seas , with prayers your sails ; and with men too , from both our parties ; such i 'm sure we have , can cheat , or beat , the dutch. a thousand quakers , sir , our side can spare ; nay , two or three , for they great breeders are . the church can match us too with jovial sirs , informers , singing-men and paraters . let the king try , set these upon the decks together , they will dutch or devil vex . their breath will mischief further than a gun. and if you lose them , you 'l not be undone . pardon dread sir , nay pardon this coarse paper , your license 't was made this poor poet caper . iter boreale . the reading of that famous lawyer, sr. robert brook, kt. upon the statute of limitations, .h. . cap. brooke, robert, sir, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the reading of that famous lawyer, sr. robert brook, kt. upon the statute of limitations, .h. . cap. brooke, robert, sir, d. . p. printed for hen. twyford and are to be sold at his shop, london : . reproduction of original in the bodleian library. eng england and wales. -- statute of limitations ( ). -- . hen. viii, ch. . limitation of actions -- great britain. a r (wing b ). civilwar no the reading of that famous lawyer sr. robert brook kt. upon the statute of limitations, . h. .cap. . brooke, robert, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the reading of that famous lawyer sr. robert brook kt. upon the statute of limitations , . h. . cap. . london , printed for hen. twyford , and are to be sold at his shop in vine-court , in the middle-temple . . the words of the statute of . hen. . cap. . of limitations . no person shall sue , have , or maintaine any writ of right , or make any prescription , title or claime to , or for any mannors , lands , tenements , rents , annuities , commons , pensions , portions , corodies , or other hereditaments of the possession of his or their ancestors or predecessors ; and declare and alleadge any further seisin or possession ofhis or their ancestor or predecessor , but onely of the seisin or possession of his ancestor or predecessor which hath beene , or now is , or shall bee seised of the said mannors , lands , &c. or other hereditaments within sixtie yeares next before the teste of the same writ , or next before the said prescription title or claime so sued , commenced , brought , made or had . no person or persons shall sue , have or maintaine any assesse of morduncestor , cosinage , ayel , writ of entrie upon dissease done to any of his ancestors or predecessors , or any other action possessory upon the possession of any of his ancestors or predecessors , for any mannors , lands , tenements or other hereditaments of any further seisin or possession of his or their ancestor or predecessor , but onely of the seisin or possession of his or their ancestor or predecessor , which was or hereafter shall be seised of the same mannors , lands , tenements or other hereditaments within . yeares next before the teste of the originall of the same writ to bee brought . no person nor persons shall sue have or maintaine any action for any mannors , lands , tenements , or other hereditaments of or upon his or their owne seisin above . yeares next before the teste of the originall of the same writ to be brought , &c. nor shall make any avowry or cognisance for any rent suite or service , and alleadge any seisin of any suite or service in the same avowry or cognisance in the possession of his or their ancestors or predecessor or predecessors or inhis owne possession , or in the possession of any other whose estate he shall pretend or claime to have above fiftie yeares next before the making of the said avowry or cognisance . all formedous in reverter , formedous in remainder and scire facias , upon fines of any mannors , lands , tenements , or other hereditaments , shall bee sued and taken within fiftie yeares next after the title and cause of action fallend . and at no time after the said fiftie yeares passed . if any person or persons doe at any time sue any of the said actions or writs for any mannors , lands , tenements or other hereditaments , or make any avowry , cognisance , prescription , title or claime of , or for any rent , suite , service , or other hereditaments , and cannot prove that he or they , orhis , or their ancestors or predecessors were in actuall possession or seisin of , or in the same mannors , lands , tenements and hereditaments , and at any time within the yeares before limited in this act and in manner and forme aforesaid ; if the same be traversed or denied by the partie , person , or defendant , then after such tryall therein had , all & every such person and persons and their heires shall from thenceforth be utterly barred for ever of all and every the said writs , actions , avowries , cognisance , prescription , title and claime hereafter to be sued , had , or made of , and for the same mannors , lands , &c. or other the premisses , or any part of the same . provided alwayes that every person and persons which now have any of the said actions , writs , avowries , scire facias , com. cognisance , title , claim or prescription depending ; or that shall hereafter bring any of the said actions , or make any of the said avowries , prescription , title , &c. at any time before the feast of the ascention of our lord , . shall alleadge the seisin of his or their ancestors or predecessors , and his owne possession and seisin , and have also all other like advantage to all intents and purposes in the same writs , actions , avowries , cognisances and prescriptions , titles , and clayme as he or they might have had at any time before the making of this statute . provided also that if any person being within the age of . yeares , covert baron , or in prison , or out of this realme of england , nor having cause to sue or bring any of the said writs , actions , or to make any avowries , cognisances , prescriptions , titles or claymes , that such person or persons may sue , commence , or bring any of the said writs or actions , or make any of the said avowries cognisances , prescriptions , titles or claime at any time within six yeares next after such person , nor being within age shall accomplish the age of . yeares , or within six yeares next after such person now being in prison shall bee enlarged , or never being out of the realme come into the realme . and that every such person in their said actions , writs , avowries , cognisances , prescriptions , title or clayme to be made , &c. within the said six yeares , shall alleadge within the said six yeares , the seisin of his or their ancestors or predecessors , or of his owne possession , or of the possession of those whose estate hee shall thenclayme . and also within the same six yeares shall have all and every such advantages in the same as he or they might have had before the making of this act . provided also that if it happen the said person now being within age , convert baron in prison or out of this realme , having cause to sue or bring any of the said writs , avowries , cognisances , descriptions , &c. to die within age , or during condition , &c. or to decease within six yeares next after such person , shall attaine his full age , or be at large , &c. and no determination or judgement had of such titles , actions , or rights to them so accrued , then the next heire to such person or persons shall have and enjoy such liberty and advantage to sue , &c. within six yeares next after the death of such person or persons now imprisoned , &c. insuch manner as the same infant after his full age , or the said woman covert after , &c. should or might have had within six yeares then next ensuing by vertue of the provision last before rehearsed . provided also that if any person before ascension , . sue or commence any of the said writs , &c. or make any avowry , &c. and the same happen by the death of any of the sayd parties to bee abated before judgement or determination thereof , then the same person or persons being demandants or avowants , or making such title , prescription , &c. being then alive , and if not , then the next heire of such person so deceased may pursue his action , and make his avowry , &c. upon the same matter within one yeare next after such action or suite abated , and shall enjoy all such advantage tomake their said titles within the said one yeare , as the demandant demandants in such writ , &c. should or might have had or enjoyed in the said former action or suite . provided furthermore , that if any false verdict happen hereafter to be given or made in any of the said actions , suites , avowries , prescriptions , titles or claymes ; that then the partie grieved by reason of the same shall and may have his attaint upon every such verdict so given or made , and the plaintiffe in the attaint upon judgement for him given , shall have his recovery , execution , and other advantage in like manner as heretofore hath beene used , any thing in this statute contained to the contrary notwithstanding . observations made by the reader , by way of introduction for the better understanding of the true meaning of this statute . how the common law was before the making of this statute . it to be observed that by the statute of westminster the first , cap. . the limitation in a writ of right is from the time of richard the first , which is . yeares past . and in a writ of assise of novill dissesin , & in a nuper obiit by the same statute of westminster the first , post primam tranfretationem domini hen. filii regis johannis in vasconiam , which is . yeares past . and in a writ of mordancestor , ayle , cosinage , and nativo habendo , and in a writ of entrie , post coronationem domini henrici filii regis johannis , which is yeares past . and the said statute of westminster the second , giveth the like limitation in avowries , as in an assise of novel disseisin , that is to say , post primam transfretationem domini henrici filii regis johannis in vasconiam , which is . years past . but now the writ of assise which was wont to be quod disscisivit eum post primam transfretationem domini henrici filii regis johannis in vasconiam , shall be quod disseisivit eum infra . annis jam ult. elapsos . and whereas the writ of entrie was wont to be quod disseisivit eum post primam transfretationem domini henrici filii regis johannis in vasconiam , it shall be now quod disseisivit eum infra . annis jam ult. elapsos . also the writs of mordancestor , which were si obiit post coronationem domini henrici filii regis johannis , shall now 〈◊〉 si obiit infra . annis iam ult. elapsos . also the writ of nativo habendo , which was quod fugiit de terra sua post coronationem domini henrici filii regis johannis , shall be recovered , if it be brought of the seisin of his ancestor , quod fugiit infra . annis iam ult. elapsos , and if it be of his own seisin , then si fugiit infra . annos iam ult. elapsos . and note that in all writs of right , ayle , cosinage , nuper obiit , and in all writs of possession , and in all other writs , in which men shall alleadge explees , or make mention of any seisin , that they shall be of the same forme as they were before the making of this statute , but when they declare , then they shall make a speciall allegation of the explees within such a time , within the limitation of this statute , that is to say , tempore regis nunc , and the like , &c. but if he alleadge the seisin within the time of such a king , of which part may be within the limitation , and part without , there he shall alleadge the yeere certaine , that is to say , capiendo inde exples . &c. an. . reg. h. . or the like , for that the statute is , that he shall alleadge seisin within the time , and not beyond , and therefore he may not alleage generally in the time of such aking , where part is within , and part without , for the doubt , &c. but where hee alleadgeth seisin an. octavo of such a king , and in truth the seisin was an. . or in the tenth yeare , this is not traversable , but where the seisin was before , which is out of the limitation , that is materiall and issuable . and note , that if the seisin may be proved within the yeares before the limitation , that sufficeth , because the statute saith , that if the seisin shall be traversed , and the demandant cannot prove the seisin within the yeares before limited , that he upon such tryall shall be barred and his heires , &c. devisio ma . in what actions these limitations shall hold place , and in what courts , and in what not : and where a man may make title beyond threescore yeares , and what shall be good titles upon this statute . an heire brought an admeasurement of dower against the wife tenant in dower of this indowment being within age , which indowment was two and thirty yeares past , the action is not good . because this is to recover land and of his owne possession , and lyeth well at full age . a man brought a writ of contra formam feoffamenti upon a deed bearing date in the time of edward the third , the account well lyeth , because it is to discharge himselfe , and to recover nothing . a man brings a writ of contribution upon a cause of action , happening threescoreand one yeares past before the writ purchased , the action lyeth well , because hee goeth to have dammages of the charge onely of the suite , for part . a cessavit was brought of a cessor . yeares past before the writ purchased , the action lieth well , because it is not of the seisin of him nor of his ancesters in this land . a man brought a writ of error upon an erroneous judgement given against his father . yeares before the writ purchased , the action well lyeth , because nothing is prohibited but a writ of right , and an action possessory of the seisin of him or his precessors or ancestors , and this is not of his owne seisin , and is onely to reverse the first judgement . the lord brought a writ de consuetudinibus , & servitiis , of a deforcement . yeares past , the account doth not lie , because he is to recover a seigniory . a writ of false judgement was brought of a judgement given . yeares past , the account lyeth well , because it is not properly a writ of right , nor an action of possession ; and if it be neither , nor of his owne seisin , then he is not prohibited , because that is properly of no seisin . a man brings a writ of escheat of an action accrued . yeeres before this writ purchased , the action lyeth well , because it is not of the seisin of himselfe , nor of his ancesters in this land , but ratione dominii . a monstraverunt brought by tenants in ancient demesne ; and declares that the lord demanded more services in the time of ed. . . yeares past , then were demanded in the time of the kings progenitors , yet the action well lyeth , because it is not to recover any thing , but to discharge themselves of the services . a writ of nativo habendo was brought , and declared of a seisin . years past , the action doth not lye , because he is to recover the villein , ( and a termor shall not have his action by fitzherb . quaere inde ) butis a writ of right in its nature , or an action possessorie at the least . a writ of ne injustè vexes brought against the lord to avoid an incroachment gained . yeares past , the action lyeth , because it is onely to discharge the land , and to recover nothing ; and yet it is a writ of right . a man brought a writ of mesne upon a deed of acquitall , made . years past , the action lyeth , because it is onely in discharge , and is to recover nothing ; and is not properly a writ of right , because battell nor grand assise doth not lie in it , and he shal recover nothing but his acquitall , and he is supposed in possession of his acquitall , and it is not of the possession of the plaintife , because it may be that neither he nor his ancesters were never acquited , and that the lord paramount never demanded the services untill now , and therefore the action is not restrained . one brought a quare impedit , and declared of the seisin of his ancestour . yeeres past by presentation , and that afterward the church became void , and the bishop presented by lapse , and now his clarke is dead , &c. the action well lyeth , because the avoidance which is the title , is within the time of limitation , because the lapse did not set him out of possession , and he shall recover the presentation . a man brought a quo jure , and declared of a time . yeares past , the action lyeth , because though it be a writ of right , yet it is onely in discharge , and to recover nothing . a warrantia chartae is brought by one , quia timet implacitari : and declares upon a warrantie made . years past , the action well lyeth , because he shall recover nothing but his warrantie , and if hee lose afterwards , then he shall have in value by a scire facias , which is another action ; and also he must vouche afterwards , &c. and if he be impleaded in an assise , he shall give notice , &c. so that there shallbe other circumstances before that he shall recover . a man brought an assise of nusance , and declared of a nusance levied by the defendant . yeeres past , the action well lyeth , because he shall recover nothing , but remove the nusance . a man brings a quid juris clamat , or a per quae servitia against the tenant upon a fine levied of a reversion or services . yeeres past , the action lyeth , because the reversion and services are in him , and he demands nothing but attornement . a formedon in the discender is brought , ( of cause of action accrued . years past ) and within . yeares the action doth not lie , because that is an action possessorie , and not a writ of right , ut videtur , vide dyer . & . that a formedon in reverter and remainder is not within the statute , because the gift is the title . a writ of waste is brought of waste made . yeeres past , the action lyeth , because no land is expresly demanded , and he declares of no seisin . a man brought a plaint in a base court of customarie land , and made protestation in the nature of a writ of right at the common law , and declares of a seisin . yeeres past , the action doth not lie , because this is ruled by the equity of this statute , and so it was by the ancient limitation : and also the declaration is in the nature of such a writ at the common law , and every writ at the common law is ordered by this statute . yet quaere whether this statute extend to copieholders as to the avowrie for services , for it seemeth that it doth not but onely to free-holders , because they shall not alledge seisin in his or their auncesters , according to the words of the statute , but onely in the lord . a man brings a plaint in a priviledged court , or in wales , or in the cinque-ports , where they have authority to hold pleas per querelam , and declares upon the ancient limitation , it lyeth well , because the statute speaks of the teste of the writ , so that it must be by writ , which this is not . a man brought a writ of right close in ancient demeane , he cannot declare of the ancient limitation , because the statute speaks from the teste of the writ . in a writ of right of warde , the plaintife declared of seisin of service and seigniory , &c. . yeeres past , and that his tenant died , his heire within age , and that the defendant deforced him , this is a good declaration , notwithstanding the statute , because he was possessed of his seigniory until the deforcement , which is within . yeeres , and he shall recover but a chattell onely . a man recovers certaine land by a praecipe quod reddat , or by another action , the tenant dieth , his heire enters , the . yeares passe , the demandant or his heire may have a scire facias to execute the judgement , because this is not an action possessorie , nor in the droit , but a writ of execution , and therefore out of the statute . a woman brought a writ of right of dower of the seisin of her husband , . years past , the action lyeth , because that is not of her owne seisin , nor of none of her ancestors nor predecessors , neither is it an action possessorie , and it is not prohibited by the statute . a writ of right of disclaimer is brought , and declareth of a disclaimer . yeeres past , this is a good declaration , because it is not of the seisin of his ancestour , nor predecessour , but ratione dominii , because this seisin shall be referred to the land , and not to the seigniory , as appeareth by expresse words of the statute in the end of the third article , because the statute speaks where he or his ancesters or predecessors were seised of the same land or tenements , or hereditaments , within . yeeres . and also the writ doth not demand land , and yet it may recover land . tenant by the courtesie of england of a mannour with estovers appendant , is disturbed , and after is outlawed of felony , the king enters by office , the tenant by curtesie dyeth . yeares after the utlawry , the heire shall not have a quod permittat , because it is a writ of right , and to recover the common of estovers , and the time is past , and in this action he shall alledge seisin . a man seised of an advowson presents , and his clarke is instituted and inducted , and dyeth . yeeres after this statute , the patron presents and is disturbed , and he brings a writ of right of advowson , he may declare of a seisin . yeeres past notwithstanding this statute , because he shall recover possession of the advowson , and the possession of the presentation afterwards is a seisin for the patron in the patronage , and also in this case he was seised within . yeares , because he was seised untill the usurper disturbed him , and that was within . yeares . a formedon of ten acres of land which passed against the tenant , and judgement given thirty two yeerespast , the tenant shall have an attaint , because that albeit it shall be of his owne seisin , and to recover land , and the . article of the statute cannot be so taken to set the lands at liberty , &c. yet that is not properly of the seisin of himselfe nor of his ancestors , because that is taken , where it is taken upon the seisin , as in an assise and other actions , where they shal alledge seisin and explees , as appeareth by the first branch of the statute , which hath these words , viz. [ and alledge and declare any farther seisin , &c. ] because the action is brought upon the false verdict , and not upon the seisin , &c. an assise of fresh force is brought in a city by bill without writ of a disseisin made to the plaintife himselfe twenty two yeares past , the action doth not lye , notwithstanding that it bee within the limitation of an assise , because that fresh force ought to be brought and recovered within . dayes after disseisin , &c. and thereforenotwithstanding that it be not by writ , yet that will not serve by the common law . in an annuity the plaintiffe declared of a grant made to him and his heires , by the defendant for him and his heires , . yeeres past , the action lyeth , because no tenant is charged , and he doth not declare of any seisin , but onely upon the grant . in an assise the tenant makes a barre at large , the plaintife said that i.h. was seised in fee , and holds of him , and dyeth seised without heire . yeeres past , by which he enters presently by eschete , and was seised , and disseised by the defendant . yeeres past , &c. this is a good title , besides this limitation , notwithstanding this statute , because it is not brought of the seisin of his ancestour or predecessour in this land , and his owne seisin was within . yeeres , and therefore when that seisin serves to bring an action upon his own possession , he may make title before the limitation , if it be not made of the seisin of his ancester or predecessor . assise the tenant made a bar at large , the plaintife said that his villein purchased the land of i. s. by which the plaintife entred . yeers past , and was seised and disseised by the plaintife . yeeres past , &c. this is a good title , ratione qua supra . in a writ of entry , in nature of an assise , the tenant made a barre by the feoffment of i. h. and gives a colour , the plaintife said that his father was seised , and died seised . yeeres past , and he entred as heire , and was seised and disseised . yeeres past , &c. this is no good title upon this statute , because in this action he shall not make title at large as in an assise . note the difference . in a writ of right of advowson the plaintife made title that he himselfe . yeeres past recovered the advowson in a writ of right of advowson against i. n. the church full , and now the incumbent dead , and the plaintife presented , and the def. disturbed him , this is no good title upon this stat . because in this action he shall alledge seisin as in grossis decimis , smalltythes , &c. which he cannot doe , without alledging seisin ; so that a recovery onely without seisin in him or his ancesters is not good . an assise the tenant pleads a recovery against the father of the plaintife , whose heire he is , &c. by which he enters , the plaintife saith , that after seisin the father of the plaintife enters , and dyeth seised . yeeres past , and he enters as heire , and was seised and disseised , &c. this is a good title , notwithstanding the recovery , because that notwithstanding the recovery binds the bloud , yet the seisin and disseisin is a new title . in an assise the tenant makes a barre at large , the plaintife said that the tenant himselfe yeeres past was seised in fee , and infeoffed a stranger , upon condition that he shall enfeoffe such a person as he shall name before easter , and first hee names an estranger before easter , and afterwards and before easter hee names the plaintife , and thereupon the feoffee enfeoffs the plaintife who was seised and disseised fourteen yeeres past , this is a good title , notwithstandingthat it be without the limitation , because by ed. . the feoffee may enfeoffe either the one or the other , and it is not of the seisin of his ancestour nor predecessour . an assise the tenant makes a barre by a bargaine and sale of i. s. by indenture inrolled within the . moneths , and the plaintife made title by another bargaine and sale from the same i. s. by indenture inrolled within , &c. made unto him after the first deed indented , because that i. s. at the time of the first bargaine and inrolment was an infant , and entred at one and twenty yeeres , and sold by the last deed enrolled to the plaintife , by which he was seised and disseised , &c. this is no good title , &c. because an infant shall not avoid a deed enrolled by nonage , nor hee which claimes by him . in an assise the tenant made a barre by a lease made by i.s. to w.n. for term of life , the lessee grants the reversion to the defendant , and w.h. the tenant attorns , and after aliens to the plaintife , by which he enters ; the plaintife sayes thatthe said i.s. the lessor leased to the said w.h. for terme of life , upon condition that if he grant the reversion to any during the life of the said w.n. that then w.n. shall have fee , and said that the lessor granted the said reversion . years past by that deed to the tenant , and after he attorned as aforesaid , and after w. n. enfeoffed the plaintife , and was seised and disseised . yeeres past , &c. this is a good title , because it is not of the seisin of his ancestours nor predecessours , but of his owne seisin , and the grant of the reversion in see was in the lessee , because there was the same instrument , the grant and attornement : and therefore the attornment void , contrary if the grant had been by fine , as in a quid juris clamat , r. . that then the condition would come too late . in an assise the tenant was barred by a feoffment of the plaintife himself with warrantie . yeeres past , and relyes upon the warrantie ; the plaintife shewes that the same feoffment was by deed indented , and that upon a condition thatif the defendant doe not pay . pound within one yeere to the plaintife , that he shall reenter , the defendant doth not pay , by which he entred , and was seised , and disseised . yeeres past , &c. this is a good title , notwithstanding this stat . because where a man binds the defendant , he may make title of his owne possession , as recovery of a villein , and the like ; and it is no part of the seisin of his ancestour nor predecessour , and therefore out of the case of the statute , as to the . yeeres past . assise the tenant makes a bar at large , the plaintife makes title , for that the same defendant in the life of his father sold the land , &c. to the plaintife by indenture , and delivers to him the deed , and afterwards the father dyeth within the . moneths , and the defendant enrols the deed within the . moneths , by which the plaintife enters , and was seised and disseised , &c. this is no good title upon this statute , because a man may confesse and avoid a deed enrolled , as to say that he had nothing at that time , &c. butnot by infancie , ideocie , non sanae memoriae or the like ; and the deed takes its perfection by the livery , and not by the inrolment ; for if one make a grant when he hath nothing , & the land , and he hath before attornement , this doth not make the grant good , and the indenture is not an estoppell , because where a man releaseth to i. n. being in full seisin , yet he may say that he had nothing at the time of the grant , &c. and the same law is it of a lease by indenture in the time of his father , and by h. . f. . a man may confesse and avoid a deed inrolled . in an assise the tenant makes a barre at large , the plaintife makes title because that i.n. was seised in fee , and leaseth to w. x. and t.s. for terme of life , and after grants his reversion which he had depending upon the estate of t. s. to the plaintife , the tenants attorne and dye , and the plaintife enters , and was seised and disseised , and all is within yeeres , this is not a good title upon this statute , because the grantor shall not have such a reversion . mayor and comminalty by their name of corporation , and not by their proper name , may make title after this statute by . yeares past , because that is of their own possession , and not of the seisin of their ancestour nor predecessour : and the same law of deane and chapter , but contrary of bishop and parson upon a seisin of his predecessour , because that is expresly within the words of the statute . nota. divisio da . or , the second dayes reading , or lecture . where a man shall prescribe according to the ancient forme , and where not ; and what prescriptions sha● be good upon this limitation , an●… what not . a man may prescribe th●● he and his ancestors 〈◊〉 predecessors , or tho●● whose estate , &c. wer● seised from the time th●● contrary whereof , &c. as before th●● statute : yet he shall not alledge or declare in the record of a seisin within ●… yeeres before the confession of the prescription , yet it seemeth that he shall take advantage in evidence of the prescription of an ancient seisin before . yeeres , with a seisin alledged within . yeeres , without elder commencement : and therefore the prescription as it seemeth ought to be elder , but he cannot alledge nor declare in the record but within . yeeres , but may enforce it in evidence at large , quod nota . and by the generall ancient forme of prescription , it shall be intended & meant as a prescription , of which part of the seisin is within . yeares , according to this statute . in a quod permittat the plaintife prescribes in him , and those whose estate he hath in the manour of d. for common appointment from the time of king rich. the first , he may doe it well , notwithstanding this statute , because the statute doth not extend to a prescription by whose estate , &c. but to a prescription in him , his ancestors and predecessors . a quo warranto the plaintife prescribes in him and his ancestors for toll traverse from the time , &c. to have a peny for every load of stuffe carryed overmy land to his mannour , &c. this is a good prescription , because this is to goe overthwart my land , but through toll is to goe over the way through my land , and therefore contrary there : and the prescription shall serve as a new title , by the usage afterwards . assise of common the plaintife made title to common appendant in the mannour of the defendant , the defendant prescribes that he , &c. and all his ancestors whose heire he is , &c. have used from the time of rich. the first to put forth of their commons such cattle which were not levant and couchant upon the same lands to which , &c. and for that that those cattle were not levant , &c. he put them forth , &c. this is a good prescription , because it is not to recover any thing , but to discharge onely . in a quo warranto , &c. the plaintife prescribes in him and his ancestors lords of the manour of d. from the time , &c. to take a peny for every load of through toll of those which carry through his mannour , this is a good prescription , for the reasons before alledged , and because it is contrary to common right . in a quo warranto the party prescribed in him and his ancestors lords of the mannor of d. to have cognisance of pleas , and to hold plea in the court of the mannour aforesaid , from the time of , &c. this is a good prescription , because he cannot prescribe in the grant of pleas . assise of land , the def. disclaimes in the survey , and prescribes that he and his ancestors seised of the mannor of d. have used from the time of r. . &c. that when such a gutter which conduceth water to such a house was ruinous , to enter into this land , and to repaire it , and that he therefore entred to repaire , this is a good prescription , notwithstanding this statute , because he is not to recover anything , but to have easement , because the statute doth not speake but only of prescription to lands , tenements , commons , rents , portions , pensions , and hereditaments . a quod permittat of common theplantife made title by prescription , from the time of r. . &c. the defendant said that he , &c. have been within age successively de tempore , &c , judgement , &c. this shall not avoid the prescription , because this is a law , as a condition or recovery . a man hath had a faire , and one market by prescription , from the time of r. . &c. which is seised into the kings hands . yeeres past by non-claime in a quo warranto before this statute , &c. he shall never have the liberties again by prescription nor otherwise , because he might replevie them within . yeeres . a man which had a leet , and warren , and wreck by the kings grant , made no claime to the same before the justices in eyre . yeeres past , by which his liberties are seised into the kings hands , and yet he and his heires continually used the same afterwards , and in a quo warranto his heire made title to that by prescription ; according to this limitation , he shall not have his liberties by this prescription . a man hath had catalla felonum & fugitivorum from the time of r. . &c. and hath had allowance in eyre , and afterwards makes his claime in eyre by prescription , &c. he shall not have those liberties , &c. because a man cannot prescribe in those things which touch the crowne . a man hath had a faire and market by prescription certaine dayes , and afterwards the king grants the same liberty to him by his letters patents . yeeres , before the ascension , . and in a quo warranto a month after the ascension , &c. he makes his claime to that by prescription , by an usage before , &c. this is not a good prescription upon the matter , because the grant determines the prescription , as an obligation determines a grant or contract . a man prescribes that he , &c. ancient tenants of d. and all lands of d. from the time of r. . &c. have been quit of toll , this is a good prescription notwithstanding this statute , because that it goeth in discharge , and to recover nothing . in a serta molendini the plaintife after ascension , &c. made his declaration , that he and all those whose estate he hath in the mannour of d. have had suit of their tenants to their mill within his mannour , from the time of r. . this is a good prescription , because he prescribes ( per que estate ) which is not restrained by the statute . assise of common the plaintife prescribes that he hath been seised of common for all cattell in the place where , &c. by all the time of this limitation , this is not a good prescription , because the statute sayes that he shal not make prescription but of the seisin of his auncestors or predecessors within . yeares before the making , &c. and his ancestour was not seised within the . yeares , but himselfe , &c. such a prescription is not warrantable either by this statute or by the common law . in a replevin the defendant prescribes in him and his auncesters to have amerciaments of all his tenants of d. fromthe time , &c. in quibuscunque curiis , and may distrain & make avowry for them , this is a good prescription upon this statute , notwithstanding that it be of an amerciament in curia regis . in a quo warranto the plaintife makes his title by prescription in him and his auncestours , that they have used to have waifes from the time of , &c. and to retaine them , notwithstanding fresh suit from the time , &c. this is no good prescription , because it is contrary to common right , and cannot have any lawfull beginning . a man makes a prescription in trespasse , &c. that he and his auncesters from the time , &c. to have the escapes of cattell in another mans land , in driving to such a park without amends made from the time of rich. . this is a good prescription , notwithstanding this statute , because it is not to recover any inheritance , but onely by way of discharge . an assise of nusance for stopping of water , by reason whereof . acres ofland are surrounded , the defendant prescribes that he and his auncesters lords of the mill of dale , have used from the time of r. . &c. to stop , during the re-edifying and repaire of their mill ; this is a good prescription , because it goeth by way of easement , and to recover nothing . a man prescribed that hee , &c. lords of the mannour of d. have had ●… way over the land of another partie from the time of r. . &c. to the church of d. this is a good prescription , because it is neither tenement nor he reditament , but easement , because an assise doth not lye of a way ; nor if a man give omnia tenement● & hereditamenta sua , the way doth not passe . in an assise a man prescribes in common , &c. in him and his auncestors de tempore , &c. upon which they are at issue , and it is found that he and his ancestours have beene seised by . years , and have been disturbed by another . years alternis vicibus de tempore , &c. he shall not recover upon this verdict and prescription , because the interruption is equall with the seisin . in an assise the tenant prescribed in him and his auncestours tenants of such land in d. to enter into the land of the plaintife and to abate the nusance as often as the plaintife or his auncestours estop such a river de tempore , &c. this is not a good prescription , because where the common law will serve him , he shall not prescribe . ed. . quo warranto the bailiffes and comminalty of s. claim to make fraternities of themselves by master and brethren by usage de tempore , &c. and the same being so made shall so implead and be impleaded , &c. this is no good prescription upon this statute , e. . . an assise by master and confreres of d. the defendant said that there were no master and confreres there , & the plaintife said that he and his predecessours have been masters and confreres there , and capable by that name , and have used to implead and be impleaded by that name , from the time of r. . and continually afterwards , this is a good prescriptionafter this statute , &c. because he cannot prescribe in a corporation ; and this prescription is to enable him , and is not made to the land , and therefore out of the case of the statute . lord of a mannour and tenant by homage , fealty , and . shill. rent , the lord releases the services of the tenant , saving the rents , and afterward is seised of the rent , and disseised , and brings an assise , and makes title that he and his auncesters , &c. de tempore , &c. have been seised of the rent , this is a good prescription upon the statute e. . p. . because in a rent service a man shall not prescribe , because he may make another title by the common law , contrary for a rent seck . in a replevin the defendant avowed because that it had been used by him and his ancestours whose heire , &c. lord of the mannour of d. for to distreine for heriot custome upon the death of every tenant of the manour de tempore , &c. and for heriot custome after the death of i.w. &c. he avoweth &c. this is not a good prescription upon this statute , because for heriot custome the property is in him , and he may seise it , and may have an action , and a man may not prescribe in his owne goods . dower by a woman , the defendant said that the husband was attainted of felony , &c. the plaintife said that it had been used in this manour from the time of r. . that the wives of a man attainted shall have dower , this is a good prescription upon this statute h. . the like in gavelkind , of which the heire shall inherit . and this prescription is not made of the seisin of him nor of his ancestours , and therefore out of the case of the statute . a replevin for an amerciament , in a leete for not comming to be sworne to the king , the defendant prescribes that the usage is there to be sworne before the constable and portreeve , and not in the leet , this is no good prescription by the opinion of the court , h. . abbe and his predecessours have been seised of a rent by prescription out of the mannour of d. de tempore , &c. the abbey is changed into a deane and chapter , where they shall not prescribe in them and their predecessours de tempore , &c. upon this statute , because they ought to prescribe part in the abbe , and his predecessours , and then shew the alteration , and prescribe by the name of dean and chapter , &c. ed. . replevin the def. prescribes to have . pound for every daughter of every villain which is married in his mannour of d. de tempore , &c. and for to distraine the goods of the father for the same , &c. and for marriage of such a daughter of i.n. his villein , he avoweth this is no good prescription upon this statute , because he may take all their goods at the common law . in an assise the tenant said that hee leased to w.h. for life who aliened to the plantife in fee for which he entered , the plantife said that it had beene used de tempore , &c. which in the village of dale ubi , &c. that whatsoever estate a man made , that nothing should passe but onely his own estate , and the rest to be void , this is a good prescription upon this statute , because a thing which may be intended to have a lawfull beginning , as by grant or reasonable usage it is good ; as to have for every poll . pence of the cattell distrained , or to kill the distresse which he takes dammage fesant , or to have of every one which breakes his pound , this is no good prescription against a stranger , but against his owne tenants it is , because it may begin by assent . in a replevin the defendant said that the tenant held . acres of him by fealty , and two shillings rent , for which rent , &c. his auncestors have used de tempore , &c. to distraine , this is no good prescription upon this statute , because where the common law will serve , he shall not prescribe . a man prescribes in an avowry that he , &c. have been seised of cōmon without number in the place , &c. by . years before the making of the prescription , this is no good prescription , because the statute doth not warrant it , albeit it speak of seisin within . yeeres . the third division , or lecture . where he that hath cause of action , entry , title , or right , and suffers this limitation to passe , may have remedy afterwards , and what remedy , and where not ; as also where the laches of one shall prejudice another , and where not ; and where a may may make a claime after . yeares , and where not . a man sels his land by indenture after the statute , and before the inrolment the vendor is atainted of felony committed after the bargain and before the inrolment , and after thedeed is enrolled , within six moneths the lord enters for escheate , the vendee doth ouster him , and declares of a seisin by . yeares , the lord may re-enter , and retaine , notwithstanding the statute , because that the land is not vested in the vendee , untill enrollment , and a matter of record shall not have relation beyond the reste , and measne acts vested shall not be devested : and it seemeth that this statute of limitations doth not take away the right nor entry of none of his owne proper seisin , but only his action , prescription , title , and claime of the seisin of his auncestors and predecessors ; and if the vendor die before inrollment , the lord shall have the ward . a man seised of a mannor , and villain regardant in the right of his wife , the villain purchaseth lands , the husband enters , and dyeth , his heire enters , the wife may enter . yeares afterwards , and retaine notwithstanding the statute , because the husband shall not have the land purchased in right of thewife , and the wife was seised with him , contrary , of a termor , or tenant for life , which are seised , jure proprio . a man made a feoffement upon condition , on the part of the feoffee , the condition is broken , the feoffee dyeth seised , his heire enters , the . yeares passe , the feoffor may enter and retaine , notwithstanding this statute , because the land is bound with a condition , and if it be by deed , it may be pleaded by littleton , tamen cave , that he bring no action after his entrie , because it seemeth that if he be driven to make title , that then he is gone : and the like seemeth , if he be driven to plead that by way of bar , but upon a generall issue hee may give it in evidence . a feme disseiseres taketh a husband , the disseisee releaseth to the husband and his heires all his right , the husband dyeth , the heire of the husband entereth the . yeares passe , the wife may enter , and retaine , because this release shall enure to the wife , for albeit that the wife was itby wrong , the husband was in by title , and therefore that enures according to the estate , and perfects the estate of the wife ; as a release to three feoffees of a disseisor , where there are foure feoffees , that enures to the rest , but contrary , of a rel. . to one of the disseisors . an infant seised of land , takes a wife which hath issue , a sonne , the husband being then of the age of . yeares , and after had another son , the husband being of the age of . yeares , the husband dyeth , the youngest son enters , and the eldest son enters upon him , and continueth possession by . yeares , yet the yongest may enter and retaine , because the eldest is bastard , by reason of the age of the father , . e. . . & , and that such bastardy shall be tryed by assise by speciall pleading . a man seised of lands , hath . daughters and dyeth , i. s. abateth , and the eldest son makes claime a furlong disjunct from the land , because he dareth not enter , and after dies without issue . yeares after , there the other sistermay enter and retaine , because the claime of one , is an entry for the other , and one assise shall serve for the entrer , . e. . . but such claime shall be within the view of the land , for otherwise it shall not stand for an entry upon tryall , &c. because the issue was taken , . h. . and the stat , saith , that a man shall not declare nor alleage any farther seisin of his ancestor or predecessor then within . yeares , &c. a man makes a feoffement in fee to i. n. upon condition that he shall deliver xx . yards , or &c. of wooll at roan in france , the feoffee doth not deliver it , the feoffee enters and declares by . yeares , the feoffee may claime , or enter , and retaine , because the condition is voide to bee performed beyond sea , which cannot be tryed here , . h. . and therefore the entry of the feoffor was a disseisin , vide . h. . . a feme disseiseres takes a husband , the husband makes a lease for life , and the disseisee releases all his right to the tenantfor life , the tenant for life dyeth , the husband dyeth having issue , &c. the heire enters , the wife enters upon him , and continueth possession by . yeares , the heire of the husband may claime the land , or enter and retaine , because by the discontinuance the reversion was to the husband alone , and therefore the release to tenant for life , enureth to the estate of the land , and of him in the reversion , tit. release , litt. . a man hath issue bastard reigne , and mulier puisne , and dyeth , the bastard entreth , and indoweth the wife of the father and dyeth , and the tenant in dowre dyeth , the issue of the bastard enters , and continueth possession by . yeares , the mulier cannot claime , nor enter , nor retaine , because that although the bastard doth not die seised , as of a reversion , yet the mulier cannot enter as heire of his auncestor after . years , because that is a claime in law . a man seised hath issue , two daughters , the one a bastard reigne , and the other a mulier puisne , and dyeth , the daughters enter , and are impleaded , and vouch an estranger , who enters into the warranty , and leeseth , the demandant recovers , and they over in value , the mulier ousts the bastard , and continueth possession . yeares , the bastard may enter , and retaine , because the vouchee is a conclusion . a villaine takes a wife , and purchaseth land to him and his wife in see , the lord enters , the bastard dyeth , the lord continueth seisin , . yeares passe after the death of the husband , the wife may enter , and retaine the land , because there are no moities betweene husband and wife , of a purchase , during covertures . a feme seised in fee , sels the land after the statute , by deed indented , and after is ravished , and consents to the ravishor , his son enters , and after the deed is inrolled within sixe moneths , the vendee enters and is seised by . yeares , the son may make claime , or enter , or retaine , because it was perfectly vested , as where a daughter takes a perquisite , or remainder , and after a sonne is borne . a man marrieth with his neife , and land is given them in fee , the husband dyeth without issue , the heire enters , the wife ousts him by a continuant by . yeares , the heire may enter and retaine , because the marriage is not an enfranchisement , and then by the death of the husband this is a purchase by the villaine , because by natura brevium shee shall not have dowre . a man seised in right of his wife , aliens in see upon a condition , the husband dyeth , the condition is broken , the heire of the husband enters , and continueth . yeares , the wife may enter , and retaine , because the entry of the heire purgeth the discontinuance , . h. . a man hath issue , two daughters , the one a bastard , and the other a mulier , and holds of the king , and dyeth seised , the daughters enter , and sue livery , andafter the mulier ousts the bastard , and continueth by . yeares , the bastard may enter , and retaine the avowry , and if she be ousted , she may have a writ of right , because the livery is an estoppell , and a discent between privities shall not take away an entry , and the bastard is privy by estoppell . a man is disseised of a messuage , and dyeth , the heire suffers . yeares to passe , and after commeth to the doore to set his foot to enter , the disseisor stands in the doore with a sword , by which the other dares not enter , and afterwards in the same manner the disseisor dyeth seised , and his heire enters , this claime shall not serve the heire of the disseisee , a feme covert is disseised , the disseisor dyeth seised , his heire enters , the husband and wife dyeth , the . yeares passe , the heire of the wife cannot enter , nor retaine , because this is a claime upon the seisin of the auncestor . a man sels his land by indenture , and after disclaimes in an avowry , by which the lord recovers by a writ of right , sur disclaimer , and enters , and afterwards the vendor inrolls the deed within the . moneths , the vendee enters , the sixe moneths passe , the lord may enter , and retaine , and if he be ousted , he may have a writ of right , and in all these cases they claime of their proper seisin , and not of the seisin of their auncestor , or predecessor . two parceners bring a sur cui in vita , the one is nonsuited , summoned , and severed , the other recovers the moity , and both enter , and afterwards he which recovered , ousteth the other , and continueth by . yeares , yet the other may enter with her sister , and retaine , and if she be ousted , she may have a writ of right , . h. . f. . a feme grants a reversion by deed in fee , and takes the grantee to husband , and after the tenant attornes , the husband dyeth , his heire enters , the wife ousteth him , and continueth seisin by . yeares , the heire of the husband may enter , and retaine , and if he be ousted , he may have a writ of right , because the attornment is good , contrary if the graunt were to havebeen persons , because then that will not passe by the attornment for to prejudice the husband . a feme sole makes a feoffement upon a condition that the feoffee shall re-enfeoffe him when he shall be required by him , and takes a husband , and makes request , the feoffee refuseth by commandement of the husband , the husband dyes , and after the feoffee dyeth seised , and his heire enters , and continueth possession by . yeares , the wife may enter , and retaine , and if shee be ousted , she may have a writ of right , because her entry was changeable by the refusall , by reason of the first condition , notwithstanding the discent , where it is upon condition , . e. . . and the request is good . tenant in tayle discontinueth , and hath issue , a daughter , and dyeth , the . yeares passe , &c. the daughter takes a husband , the feoffee makes an estate to the husband and wife , for the life of i. n. the husband dyeth , i. n. dyeth , the discontinued enters upon the wife , she may enter and retaine , because she is remitted , quaere , because she cannot have an action , by reason of the time past , and then out of the case of remitter , yet it seemeth that the issue in tayle which is outlawed , and hath a release , may be remitted . a man is disseised , and releaseth all his right to the disseisor , upon condition that the disseisor shall enfeoffe him of other land within a moneth , the time expires , no feoffement made , the . yeares passe , the disseisee may re-enter & retain , and if he be ousted , he may have a writ of right by reason of the condition . tenant in tayle discontinueth , the . yeares passe , the issue in tayle disse●seth the discontinued , and the discontinued hath issue within age , and dyeth , the heire in tayle dyeth seised , his heire enters during the infancy of the heire of the discontinued , the heire of the discontinued cannot enter , nor retaine , by reason of the remitter . a man is disseised and dyeth , his heire within age , the disseisor dyeth seised , his heire enters during the nonage of the heire , and continuethseisin by . . yeares , the heire of the disseisee cannot enter , nor claime , nor have action , because he claimed upon a seisin of his auncestor , which is defended by the statute . a man is defaced of certaine lands , and recovers the land in a praecipe quod reddat , the tenant dies seised , his heire enters , the . yeares passe , yet the defac't may enter , and retaine , and if he be ousted , he may have a writ of right . note that deane and chapter , and the like , by the name of their corporation may make a claim by an . years past , for the reasons rendred in the first lecture . a man seised in the right of his wife , is disseised , or makes a discontin , and liveth years , he and his wife die , the heire of the wife shall not have action , claime , nor enter , because none is aided but those which were covert at the time of the statute , &c. and the heire doth not claime upon the seisin of his auncestor beyond . yeares , and an entry is a claime . if tenant for life , or an ideot , or a man imprisoned , or beyond sea , are disseised and suffer the . yeares to passe , and dyeth , their heire , nor those in the reversion shall not make claime , nor enter , nor have action , because if their entries are taken away they shall be barred in perpetuum , for the reason aforesaid . if an infant be seised at . yeares , and hath issue , and dyeth before . yeares , and every issue one after the other , untill . yeares are past , their heire shall never have action , nor claime , by reason of this statute , because an infant or the like , are not excepted , but only those which were infants tempore statuti . an infant sells his land by deed indented , and inrolls the deed within sixe moneths , he being within age , the vendee enters , the infant ousts him , and continueth by . yeares , the vendee may re-enter , and retraverse , and if hee be ousted , may have a writ of right , because the infant is estopped by the inrollment , to say that he was within age , tempore , &c , a man hath issue , two sons , and dyeth seised , the first enters , and dyeth seised , the . yeares passe , the eldest cannot make his claime , nor enter , nor retain , because that notwithstanding there be a privity in blood , &c. yet he must claime of the seisin of his auncestor , and an entry is a claime in law , which is ousted by the statute . a man seised in fee hath issue , a son , and a daughter , by one venter , and a son by another venter , and gives his land to his eldest son in tayle , and dyeth , and after the eldest son dyeth without issue , the daughter of the entire blood shall enter , the yongest ousteth him , and continueth seisin by . yeares , the daughter cannot make claime , nor enter , and retain , because the fee doth not vest in the eldest son by discent , by reason of the entayle , and therefore it was in abeyance , and yet it is in him for to give and forfeit as a reversion , &c. the fourth lecture . of avowries . where a man shall make an avowry of a longer time then is limited by this statute , and where not , and what shall be good avowries upon this limitation , and what not . a man holds by grand serjeanty of the king , distraines , and alleageth seisin within . yeares , and avowes for ayde to marry his daughter , the avowry is not good , . h. . by all the justices , because none shall pay such ayde , but tenants in soccage , or chivalrie , and not tenant by grand serjeanty , nec alii . replevin against two , of a horse taken , who come , and one of them avoweth for a rent charge , and the other for a rent service out of the same land , and both alleage seisin within . yeares , this is a good avowry upon this limitation , . e. . in fitz. . because it is not like to coparceners , betwixt whom is privity . a man avowes the taking of two clothes for toll due , . yeares past , by custome to destraine the goods of the buyer within the village for toll , &c. this is a good avowry , notwithstanding this statute , because it is not for rent , suit , nor service , . e. . avowry , because the custome of his mannor is , that if any one breake the pound , that he and his ancestors de tempore , &c. have used to distraine for x. s. this is good , notwithstanding this statute , because the prescription is good betwixttenants of the mannor , and it is not for rent , suit , nor service . lords measne , and tenant , the measne is in arrerages to the lord , the lord distraines the tenant , the tenant forejudges the measne , the lord accepts the rent , and services by the hands of the tenant , and after avowes upon the land for the arrerages of the measne , and alleageth seisin within . yeares , this is no good avowry for the arrerages , because this is the act of the tenant , and cannot doe otherwise but take him for his tenant , . e. . avowry for xx s. for bloodshed presented upon the plaintife in his leet , . yeares past , according to the custome , &c. this is a good avowry notwithstanding this statute , which speakes of . yeares , because it is not for rent , suit , nor service , and the custome is good . grandfather , father , and son , the grandfather holds of the lord by harriot , reliefe , and xii . d . rent , the grandfather dies , the father enters , and enfeoffs the son , and dies , the lord accepts the rent of the son , and within , yearesdistraines and avowes upon the son for the harriot and reliefe of his grandfather , due within the . yeares , and alleages seisin within . yeares , this avowry will not serve upon this limitation , because by the acceptance of the rent and service of the son he hath lost the harriot and reliefe , and all the arrerages , . e. . a man seised of a mannor in right of his wife , leaseth the mannor for xx . yeares , rendring x. livre. by the yeare at michaelmas , the wife dies without issue before michaelmas , after michaelmas past , the lessor may distraine and make an avowry by this statute , because that untill the wise enters , the tenant shall render the rent to the husband . avowry because the custome of the mannor is to have x. li. for a fine of every villaine there which marrieth his daughter without licence , and that such a villaine married there within . yeares without lilence , &c. and therefore avoweth , this is not good , because he may take the goods of his villain by the common law . a man distraines his tenant for homage due . yeares past , the tenant dyes , his executor sueth a replevin after . yeares , the defendant justifies for homage , which was due . yeares past , and that the tenant is dead , this is a good justification , notwithstanding the statute , because the statute speakes only of an avowry , and cognisance , and not of justification . a man is the kings baily , makes cognisance for xx . s. rent , against the plaintife , and declares of seisin in the king , by the hands of the plaintife . yeares past , this is a good cognisance , because the king is not bound by the statute , avowry for x. s. amerciaments in a leet for breaking of the assise of bread and beare . yeares past , this is good , because it is not for rent , custome , nor service . a man graunts a rent charge of x. li. payable yearely at michaelmas , and if it be behinde fourteen dayes , then to distraine aswell for the rent , as for xx . s. nomine penae , in this case , if it be behindeby . dayes , . yeares past , the grantee may distrein and avow for the penalty , but not for the rent , because out of the case of the statute , in a replevin the defendant said that w. leased the mannor of d. to i. n. for terme of life , and he as baily to the said i. n. distreines for rent due . yeares past , and this day the said i. s. dyed , and the tenant that now is , had sued a replevin , this is a good justification after this limitation , notwithstanding this statute , because this is a justification , &c. and the statute . is , that the executor may make an avowry , or have debt , but the avowry of the party is determined by his death . tenant in tayle aliens in fee , an ancestor collaterall of the donor releaseth with warranty , and dyes without issue , the donor distraines and avowes for the rent upon issue in tayle , and not upon the feoffee for the arrerages due within . yeares , and after the feoffement this avowry is not good upon this limitation , because that notwithstanding that hee shall not be driven to avow upon the feoffee , and the feoffee connot plead the matter , and the warranty doth not extend to service , yet the service is incident to the reversion , which is determined by the collaterall warranty descended , and by the grant or release of the reversion , the rent passeth , and it appeareth . ass . tit. reservation . that the services cannot be taken from the reversion by grant , because they are incident , and the rent passeth not , but as a rent seck , of which no avowry lyeth , and therefore a determination of the reversion , is a determination of the rent . lord and tenant by harriot , the lessor distraines , and avowes upon the heire for harriot of the grand father , and for harriot of the father of the plaintife upon a seisin . yeares , this is a good avowry upon this statute , because all is upon one survey . lords measne , and tenant , and every one holds of the other in chivalry , the tenant goeth with the king into scotlandby the common summons of the king , and the measne doth not goe , the lord distraines and avowes upon the measne for escuage by a seisin within . yeares , &c. this is not a good avowry upon this statute , notwithstanding it bee within . yeares , because the avowry of the tenant shall serve the measne , because that if the tenant doe the service , that sufficeth . lord and tenant , the tenant disclaimes in avowry , the lord dyeth , the son distraines , and alleageth seisin in the father within . yeares , and avowes for rent due to him within . yeares , this is a good avowry upon this limitation , because the son cannot have a writ of right upon disclaimer , upon a disclaimer made in the life of the father . an avowry , for that i. s. holds three acres of him by fealty , and a hawke , which was arer. by x. yeares , and that afterwards he enfeoffed the plaintife of one acre , which was in arer. by two yeares , and he comes and distraines thecattle for all the arrerages for x. yeares , and avowes for two hawkes for two yeares due , that is to say , x. cattle for one rent , and two for another , and alleageth seisin within . yeares , &c. this is a good avowry upon this limitation , . e. . because that every acre is charged with the entire arrerages which was due before this feoffement , and every one shall hold by one hawke after the feoffement , and so now hee shall have two hawkes , and he may charge the feoffee with the arrerages of all . avowry for ayde to make the son a knight , the land is of the value of x. li. by the yeare , which is holden in soccage , and the son of . yeares of age , &c. and alleageth seisin within . yeares , the plaintife pleads a release made by the lord to him by . yeares past , of all sutes , services , and demands , besides fealty , and x. s. rent , this is no good avowry , notwithstanding this matter , because that that which is incident cannot bee released by generall words , . e. . . a man distraines for ayde to marry his daughter . yeares past , the tenant cannot sue a replevin untill after the one and fifty yeares , the lord upon the matter makes an avowry for ayde due . yeares past , which is out of this limitation , yet this is a good avowry , notwithstanding this statute , because the ayde is incident to the tenure , and is not rent , sute , nor service , a village is assessed to x. li. for the fees of the knights from the beginning of the parliament , . yeares past , and cannot agree of his taxe betwixt them , by which the sheriffe distraines the village , and makes an avowry for this summe due , . yeares past , this is good , because it is not rent , sute , nor service , fitz. avowry , . e. . the guardian endowes the feme the time of the second husband , reserving . s. rent by the yeare for equality , and makes an avowry for the rent against the feme after the death of the second husband , and alleageth seisin within . yeares , the avowry is not good upon this limitation , . e. . because the woman was covert , tempore , &c. and it is not like a rent reserved upon partition , &c. replevin , the defendant avowes for that that he leased his land after this statute , to the plaintife at , in , &c. for the yearely rent of xx . s. per annum , at , to , and in , and for the rent due at , in , &c. and within . yeares after he distraines , and avowes , this avowry is not good by this statute , &c. because when the terme is ended , he cannot distraine . i. n. holds of w. s. two acres of land by . shillings , and . other acres by . shillings , the lord distraines two cattle in one land , and two in another , and avows for . shillings by seisin within . yeares , this is not good , because he shall make two avowries . lord and tenant of three acres of land holden by .d ▪ rent , the tenant leaseth one acre to the lord for . yeares , the lord distraines in the other two acres , and makes an avowry for two pence upon this limitation , this avowry is not good , because a suspension for part is a suspension for all , but by the extinguishment of part , the rest shall be apportioned . nota differentiam . lord and two joyntenants by fealty . s. and sute of court , the lord brings a cessavit against both , and hath execution , and distraines in the other moity , and makes an avowry for sute upon a seisin within . yeares according to this statute , this avowry is not good , because by this recovery and execution the entire sute is gone , because he cannot be contributory to himselfe , contrary of a rent , because that shall be apportioned , note the difference . lord and tenant by fealty and foure shillings rent , the lord releases the rent to the tenant , and to the heires of his body , the tenant dies without issue , the lord distraines his next heire , and makes an avowry upon this limitation , for rent due after the death of the tenant , the avowry well lyeth , because a release for one houre to tenant in fee-simple , as to the title of the land is good for ever , and yet contrary of a rent fitz voucher . . e. . . because that was his estate in the rent , and so is it there adiudged . lords measne and tenant , every one holds of each other by iiii . d . the lord releaseth to the tenant all his right in the land , and after the measne distraines and avowes for iiii . d . upon the tenant , upon this limitation the avowry doth not lie , because by the release the moity is extinct . lord and tenant by fealty , and iiii . d . rent , the rent is behinde , the lord disseiseth the tenant of the same land , and continueth possession by a yeare , and after the tenant recovers by an assise , the lord distraines and makes an avowry for arrerages due before the disseisin upon this limitation , this is a good avowry , . e. . . because all is received by the recovery , and nothing shall be recompted , but that which is before the unity . a man hath issue , a son , and a daughter , by one venter , and a son by another , and is seised of two acres of land , and grants x. s. rent charge in fee out of one to the son , the son dies without issue , and after the father dyes , the daughters enter , and make partition , and the acre charged is allotted to the youngest , the eldest daughter distraines his sister , and makes an avowry upon this limitation for . s. this is goods , because nothing is extinct but the moity of the rent , for nothing is descended of the land to the eldest daughter but the moity of the land , but the entire rent is descended to him , . e. . quintons case . a man makes one steward of his mannor , and gives x. li. fee to him with distresse , & officio suo exequendo , with manger and boyer for terme of life , and the steward leaseth the fee , and the manger and boyer to the lord of the mannor for foure yeares , rendring to him . li . per annum , with clause of distressein the mannor by deed indented , the steward doth not keep the courts , and afterwards distraines for the . li . and makes an avowry upon this limitation , the avowry doth not lie , because it is extinct by the nonfeasance of the services , &c. . e. . . because when the rent comes by reason of the land , there a lease to the lord is a suspension , but contrary , where it commeth ratione personae per curiam . tenant in taile aliens in fee with warranty , and leaveth assets and dieth , the issue is barred in a formedon , the donor destraines and avowes upon the heire in taile of the seisin within . yeares , the avowry is good upon the statute , because this is nothing to the doner . the fifth lecture . of formedons . whereas the statute is , that formedons in reversion shall be brought within . yeares after title , and cause of action accrued . it is to be seen to whom action shall be said sufficiently accrued to take advantage of the statute , and from what time the . yeares shall be accounted , & è contra . a man lets land to one for life , the remainder to his own wife in tayle and dyeth , the tenant for life dies , and i. n. enters , action is not accrued to the wife to have a formedon in remainder within the . yeares , because a gift immediat to his ownewife is not good , but contrary , of a feoffement to an use , or a demise , but if he in the remainder be not capable at the time of the livery , hee shall never bee as in the case of rikhill . a man lets for life the remainder of i. n. in fee , i. n. enters in religion , the lessee for life dies , the brother of i.n. enters , and commits felony , and is attainted , the lord enters for an escheate , i.n. is deraigned before . h. . no action of formedon in the remainder is accrued to him , because it was executed before in his heire , and the forfeiture for felony is executed also , and religious persons shall not be capable by the statute of . h. . a man leaseth for life the remainder to deane and chapter , and to the heires of the deane , the tenant for life dies , i. n. enters , the deane and chapter which then were , die , and others are chosen , action is accrued to the heire of the deane by a formedon in the remainder , but not of all , because he had but a moity only . a man leaseth for life the remainder in taile , the tenant for life alieneth in fee , no formedon in remainder is accrued to him in the remainder , because tenant for life is yet living , and during his life a formedon lyeth not . lord measne and tenant , the measne graunts his menasltie for terme of life , the remainder over in taile , the remainder over in fee , the tenant attornes , the terr tenant brings a writ of measne against the measne for terme of life , and forejudges him , the measne for life dyeth , a formedon is not accrued to him in the remainder , because the tenant of the lord paramount , by the forejudger , and all the remainders is but the same seigniory , because that albeit forejudger doth not lie against tenant for terme of life , nor against tenant in tayle , nor a feme covert , yet the judgement is not void , but error , and the action doth not lie untill judgement reversed , and in remainder by equity of the statute , which speakes of reversions , . r. . cap. . a man gives land for terme of life , the remainder in fee , the tenant for life is disseised , the lord brings a writ of right , the lord disclaimes against the disseisor , and recovers upon the disclaimer , the tenant for terme of life dyeth , the lord enters , action is accrued to him in the remainder , by a formedon in remainder , because that he in the remainder is not bound . a man gives in tayle to i. n. who leaseth for life , and enters , and dies without issue , . yeares before ascension , . the tenant for life dyes . yeares after , he in the reversion may have a formed on in reverter post . i. n. habit . religionis assumpsit , because the register warrants , or formedon in discender and reverter ; but quaere of a remainder , and the action doth not fall untill after the death of tenant for life , and the stat. of . doth not make them capable which are expelled out of a house dissolved . a woman sells her land to two by indenture , to have to one for terme of life , and to another in tayle , the remainder in fee , and delivers the deed , and after takes a husband , and after he and the wife within the . moneths cause that to bee enrolled , and acknowledge it to be the deed of the wife , the tenant for life dies , the husband holds possession , a formedon in remainder is not accrued to him in the remainder , by reason of the husbands interest . a man seised of a rent , grants that to another , to him and his heires , or to the heires of his body , the remainder in fee , provided , that if the grantee die , his heires females within age , that the rent shall cease during their nonage , the grauntee hath issue , two daughters , one within age , and the other of full age , and dyeth without issue male , i. n. haps the rent , action is accrued by a formedon in remainder , to him in the reversion in fee , because one is of full age , and therefore the rent shall not cease . a man disseised of two acres by the bishop of l. and after releases to the bishop and his successors , the bishop gives in tayle , and dyeth , the tenant in tayle dies without issue , a formedon in reverteraccrues to the successor of the bishop , and not to his heire , because where he was a disseisor of the fee at the first to him and his heires , the release enures to an entry and feoffement . land in gavelkinde is given to one in tayle , who take a wife and dies without issue , the wife holds all in dowre by custome , and dyeth xx . yeares after the death of the husband , i. n. enters , he in the reversion brings a formedon in reverter . yeares after the death of the husband , and after this statute , the action is well brought by this branch of the statute , because the action is not accrued untill after the death of the wife , and so is it taken within . yeares after her death . a man of non sane memory made a feoffement in fee , and after is made bishop of r. the feoffe● enfeoffes the bishop to him and his successors which gives in tayle , the tenant in tayle dies without issue , the bishop dies , a formedon in reverter is accrued to the heire of the bishop , and not to his successor , because by the refeoffement the bishop was remitted , for his entry was congeable . a man gives in tayle , the remainder in fee , the lord brings a restraint against the tenant in tayle , and he appeares , and leaseth , and dies without issue , a formedon in remainder shall not accrue to him in the remainder within the . yeares , because the land is lost by iudgement , by statute law of w. . . a man leaseth for life the remainder in tayle , to another the remainder in fee , to the first tenant by a fine , the tenant for life dies , and he in the remainder in tayle dies without issue , i. n enters , action is accrued by scire facias within the . yeares to the heire of the tenant for life , notwithstanding the seisin of his father , because the fee was not executed , . e. . . a man leaseth for life upon condition , that if the leasee hath issue in his life , that the land shall remaine over to w. n. it fee , the leasor recovers against their leasee , by a writ of waste , and hath execution , the leasee hath issue and dyethno action of formedon is accrued to w. n. because the fee remaines in the leasor untill the tenant hath issue , and then the recovery defeates the first livery . a man gives to husband and wife in speciall taile by fine , the wife dyes without issue , the husband leaseth his estate to him in the reversion , upon a condition , and for the condition broken he re-enters and dyeth , a stranger enters , action is accrued to him in the reversion within the . yeares by scire facias , because the execution of the estate is defeated by the entry , by the condition , and he in the reversion may well have an action , . e. . . a man leaseth for life the remainder in tayle to i. n. the tenant for life is disseised , an ancestor collaterall of the tenant in tayle releaseth with warranty , and dyes without issue , the tenant for life re-enters upon the disseisor and dyeth , the disseisor re-enters , a formedon in the remainder is not accrued to him in the remainder , because the entry of tenant for lifeshall not remaine , the remainder which was bound by the discent of the collaterall warranty before the entry , &c. . e. . lord and tenant , the tenant dies without heire , i. n. enters and leaseth to the lord for terme of another mans life , the reversion over in tayle , cesty que vy dyeth , a formedon in remainder is accrued to him in the remainder , because the lord cannot be remitted , because he had no right of entry , but a title , and he had disclosed his intent to the contrary . a man levyeth a fine of a mannor for terme of life , the remainder over in fee , and after a tenant of the mannor dyeth without heire , the conusor enters in the land , and hath the mannor , the tenant for life dyeth , he in the remainder shall have a scire facias of the mannor within the . yeares , and recover the land escheated against him which enters , &c. and here it shall be by the name of a mannor , because now this is parcell of the mannor , because it is come instead of the services , yet if he enter in this parcell only , it seemeth that a scire facias will not lie of that . a man demiseth land to i. n. for life upon condition to be chaplaine , and to pray for the soule of the demisor , the remainder to another in tayle , the demisor dyeth , i. n. taketh the profits by . yeares , and is no priest , the heire of the devisor enters , i. n. dyeth , a formedon in reversion is accrued to him in the remainder within the . yeares , because the entry by the condition , which depends only upon one estate , doth not defeat the remainder , which was not tyed to the condition , but contrary where there was no remainder ; note the diversity . a man leaseth to i. n. and e. his wife for life , the remainder over in fee , i. n. dyeth , and it is enacted by parliament , that all estates made to the said i. n. shall be void , and the wife . yeares after act of parliament dyeth , he in the remainder . yeares after the act , may have a formedon in remainder by this branch of the statute , because the estate of the wife , nor the remainder are not void by the limit . action , not accruing untill after the death of the wife , and it is brought within . yeares , &c. . h. . . a man leaseth for life the remainder over in fee , the tenant for life leeseth by erroneous judgement , and dyeth , and he in the reversion twelve yeares after the death of tenant for life , brings a writ of errour , and reverseth the judgement , and an estranger enters , and he in the remainder brings a formedon . yeares after the death of tenant for life , the action well lyeth by the branch of this statute , which speaketh of . yeares , because the action is not accrued untill after the reversall , and a writ of error is not an action , nor a release of actions is not a plea in this , and he in the remainder shall have error by equity of the statute , by him in the reversion . a man grants a seigniory in grosse to one in tayle , the remainder over in fee by fine , the tenant attornes , and after aliens in mortmaine , the tenant in tayle enters , and makes a feoffement of the land , and dies without issue , no scire facias is accrued to him in the remainder of the land , nor of the rent , because the land was not given , and the seisin was determined by the entryof the tenant in tayle , and the statute of mortmaine saith , that capitalis dominus intrabit , & retinebit in feodo , and therefore is a perquisite to him , and the booke of . e. . is no rule that a scire facias shall lie of the tenancy , in lieu of the services . a man leaseth for life , the remainder over in tayle , the tenant for life leaseth to tenant in tayle for the life of tenant in tayle , who dyeth without issue , the tenant for life enters , a sormedon in remainder is not accrued to him in the reversion , because the lease of the mannor is not a surrender , nor forfeiture , tit. dowre fitz. & park . fo. . . h. . . a man leaseth for life the remainder in tayle , the remainder in fee , the tenant for life grants his estate to him in the remainder in tayle , and to i. n. he in the remainder in tayle dies without issue , action of formedon is not accrued to him in the remainder in fee , because the tenant for life , and i. n. are living , and it is no surrender for the advantage of the survivor i. n. gascoignes case , . h. . the sixth lecture . seisins and trials . what proofes upon such issues limited by the statute shall be sufficient , and contrariwise , and what trials upon that shall be good , & e contra , and who shall be bound by them , and who shall take advantage , and where the party may refuse the triall , & e contra : and what ma●ters shall lie in triall , notwithstandstanding this statute , as before this statute , & e contra . dowre , they are at issue that the husband was never seised of such an estate of which she was dowable , &c. the wife proves seisin . yeares before the teste of the writ , this a good proofe of the seisin to recover , notwithstanding this statute , because that this is of the seisin of the husband , and not of the party , her ancestors , or predecessors . in an assise of common they are at issue , ne unque seise so that he might be disseised , the plaintife said that i. n. was seised , and grants to him in fee , and because he had not cattle of his owne , hee puts in cattle of others , with the assent of the grantor , this is a good proofe of the seisin to have an assise , . e. . p. . dowre of rent they are at issue ne unque seise , the plaintife prooves that the rent was granted by the husband in fee , upon a proviso , that if he die his heire within age , that the rent shall cease during the nonage ; the father dyeth the son within age , and takes the demandant to wife , and dies before . yeares of age , this is no good proofe of feisin , because the rent had not essens during this time , and it is not like the case of . e. . where she was endowed with a cesset executio , because there the husband was seised indeed , and it is not like a dowry of a seigniory in suspence , as where the lord marryeth his tenant , which is a woman , he dies , she shall be endowed of the seigniory , but here the rent ceaseth by matter in fayt , and not by matter in law . dowre , the parties are at issue upon ne unque seise , &c. the demaundant proves a lease for life made by an estr , the remainder to her husband in tayle , the tenant for life leaseth to the husband for life of the husband , the husband dies , the tenant for life enters , and she brought dowre , this is no proofe of the seisin , because it is no surrender nor forfeiture , and the tenant for life which leaseth , shall have the reversion in this case . in dowre they are at issue upon the seisin , the tenant shewes that the husband was his villeine , and purchased , wherefore he entred upon the husband , the plaintife sayes that this purchase and entry was during coverture , and the husband dyed , &c. this is a good proofe of seisin to have dowre , because the title of the lord is not untill his entry , and therefore the wife had the elder title . a woman hath issue , a son , and consents to the ravishor , the mother leaseth to the son for terme of life by deed poll , the son hath issue & dies , the mother enters , the issue brings a mortdan . and theyare at issue upon the seisin , the issue gives all the matter in evidence for seisin in fee upon the lawfull entry of his father , this is no good proofe of seisin , because that he which hath but a title of entry , and not a right of entry , cannot be remitted . in an assise they are at issue upon ne unque seise , &c. the pl ' . gives in evidence that i.n. holds the land of him , and was attainted of felony , and that the king should have annum diem & vast . and grants it over , the defendant enters upon the grauntee within the yeare , and the pl ' . brings an assise within the yeare , this is a good proofe of the seisin , because he can have no other seisin during that yeare . assise , they are at issue upon ne unque seise , the plaintife gives in evidence that the land is demisable , &c. and that i. n. his testator was seised , and demised to him , being his executor to sell , &c. and dyeth , the plaintife enters , and the defendant ousts him , and he brings an assise , this is a good proofe of seisin , per judicium , because he had the fruit against anestranger , untill the heire may espy a forfeiture , and makes actuall entry . tenant by the courtesie of a rent charge granted to his wife in fee , to bee paid at michaelmas , his wife dies before the feast , he makes an avowry , the tenant traverseth the seisin which is found for him , the tenant by the courtesie dyeth , the heire of him and his wife distrain and makes an avowry upon the same grant , he shall not be bound by the same triall , because the judgement is only to recover damages , and he claimes as heire of his mother , and not as heire to the father , and avoweth by the grant , for the seisin is not materiall ; and because that he in the reversion may fanxesie the recovery in another point which was not tryed , as to say that another had title to the seigniory , and not the avowant , and so the seisin void . in a mortdauncestor the tenant traverseth the seisin , the jury finde that the grandfather dyed seised , and that afterwards the father of the demandant dies before that any stranger enters , and afterdies , and the tenant abates , this is good proofe of seisin , but yet it shall not serve , but this triall shall binde the demandant , &c. because the stat. speakes of an actuall seisin , and this is a seisin in law . lord measne and tenant , the tenant traverseth the seisin in an avowry against the measne which is tryed for him , and afterward forejudgeth the measne , there the lord may distraine and make avowry , and shall not be bound by the said triall , because he avoweth for his seigniory , and he is not heire to the measne . a woman seignioresse , measne and tenant , the measne is bound to acquittall , she takes a husband , the tenant releaseth to the woman , and his heires acquit , the husband and wife have issue , the wife dies , the tenant brings a writ of measne against the husband , contrary to his acquittall by prescript . in the wife and her auncestors , the husband traverseth the seisin which is found against him , and hee dies , the heire shall not bee bound by this tryall in another writ of measne , because he hath a release to plead , and hath the menalty , as heire to his mother , and not as heire of his father , and may falsifie , ut supra : and this action is not to recover land , tenements , nor hereditaments , but goeth by way of discharge . tenant for life , the reversion to another in fee is impleaded by a praecipe , &c. and traverseth the seisin which is found against him upon a faint title by covin , and the demaundant recovers , the tenant for life surrenders , he in the reversion shall be bound by this triall , viz. during the life of the tenant which surrenders , and not afterwards , notwithstanding the statute of . of recoveries by covin , as where tenant for life grants a rent , and surrenders , &c. and nota that he in the reversion may falsifie in a title in another point , which was not tryed , but he which may have an attaint , cannot falsifie in the same point , which was tryed , and he in the reversion may have an attaint and error by the statute of r. . and this recovery is as a purchase . a segniory is given to two , and to the aires of one , he which hath the fee dies , hee which survives distraines , and makes an avowry , the tenant traverseth the seisin which is found for him , the defendant dies , and the heire of the other distraines and makes an avowry upon the same seisin , he shall not be bound by the first triall , because the first judgement is not to be barred of the seigniory , but onely to recover dammages , and also hee is not heire to him which was party to the trial , but to another which had the fee , yet he had a reversion at the time , &c. and he in the reversion , and those which may have error or attaint are bound by the common law , and shall not falsifie the point which was tried by verdict , contrary in other points , and contrary of them which cannot have error nor attaint ; note the difference by many books , and by the statute of . r. . c. . a feme covert brought a writ of aile after ascens . &c. the tenant traverseth the seisin which is found for him , and after the husband and wife die , and the heire brings a writ of cosenage , he shall be bound by this tryall , because albeit the barre be at liberty , yet it is contrary of the wife . an infant brings a precipe by attourny , as a man of full age , the tenant said that he is an infant , judgement if he shall be by attourney , and yet the court admits him by attourney , the tenant traverseth the seisin which is found for him , the demandant and his heires shall bee bound by this triall for ever , because this is not errour , and an infant is not excepted in the statute . lord and tenant , the tenant is disseised , the lord brings a writ of customes and services against the desseisor , who traverseth the seisin , which is found against the lord , the desseisee reenters , the lord distraines him & makes an avowry upon the first seisin , the disseise shall have advantage to barre him by the first tryal , because he made plede , per que estate , and bind the lord , because the judgement was given against the lord , and so he barred . a man seized in right of his wife , makea feoffment in fee , the husband dies , the feoffee is impleaded and traverseth the seisin which is found for him , the wife brings a cui in vita , and recovers , the demandant in the first precipe , brings another precipe against the woman , she shall have advantage of the first triall , because the demaundant was once barred , and so his right extinguished . a man makes a feoffment in fee upon condition the feoffee is impleaded after ascention , &c. and traverseth the seisin which is found for him , the feoffor enters after the condition broken , the demaundant brings a new writ against him , the feoffor shall have advantage of the first tryall , for the reason aforesaid . avowry by the lord upon the tenant for x. s. rent , and alleageth seisin within . yeares , the plantife alleageth a confirmation by the deed of the father of the lord . yeares past , tenend. . by iiii . d . for all rents , and services , besides fealty , this is a good barre notwitstanding this statute . because the statute saith onely , that a man shall not have a writ , nor makea prescription , title , nor claime beyond that limitation , but it doth not speak of bars in defence of possession , and therfore it seemeth that the eldest barre shall be tryed by the intention of that statute , because the words of the preamble are , that the eldest seisin shall not be disturbed . avowry for rent upon this limitation , the plaintiffe pleads a release of all actions made . yeares past by the avowant to the plaintiffe , this is a good plea , and shall be tried notwithstanding this statute , tit. bar . in fitz. . h. . . & e. . ibid. that it is a good barre . lord and tenant of . acres of land by fealty , and two shillings , the lord distraines in the acre , and avoweth for xii . d . the plaintiffe saith that . yeares past he leased the other acre to the lord for . yeares , which are yet induring , judgement , if hee shall avow for any thing in the other acre during the terme ; this is a good plea , and shall bee tryed , notwithstanding that it be out of the limitation , because a suspention of part , is a suspention of all , contrarie , of an extinguishmentof part , because there may be an apportionment in that case . a mortdancester of a seisin within . yeares , the tenant said that the demaundant himselfe leased for terme of life to him . years past by his deed , &c. judgement , &c. and this is a good bar , and shall be tryed notwithstanding the statute , &c. and this notwithstanding that it was in the life of the auncester , and without answering to the dying seised . because the writ and declaration is but a supposall , and the barre is matter in fait . a fine is levyed of land , which is ancient demeane , and after i. h. brings a writ of right close in the court of ancient demeasne , and recovers the land upon issue , upon the seisin against the tenant in taile , which dyeth , his issue shall be bound by this tryall , because it is not void but voidable , because it is impleadable there by a part right patent , and it is but one writ brought for another . an assise , the tenant saith , that the great grandfather of this plaintiffe , infeoffed w.n. who infeoffed the tenant . yeares past iudgement , &c. this barre shall be tryed , notwithstanding this statute , and notwithstanding that the plaintiffe had dyed . because that this matter in fayt , and the writ and plaint is but a supposall . cessavit supposing the tenure by fealty , and two shillings rent , the tenant said that j.m. whose estate the demaundant had in the signiory after the ancient limitation , and before the stat , of westm. . enfeoffed the prior of d. to hold in frankaliens , to hold by all services by the deed , which he shewed , &c. whose estate he had in the land to hold quite for all services , judgement , &c. this is a good barre , notwithstanding the seisin afterwards , and shall be tried , notwithstanding the statute . e. . fitz , cessavit . . avowry for suit of court to every two courts , and at the third to goe free , and alleaged seisin , the plaintiffe said that he and two others held joyntly . acres of land of the defendant , by suit of court , vnde , &c. & . years past the defendant brought a cessavit against them , and he , & another after , and the third made a default , after default , wherefore the defendant reiceived a third part , & had execution in severalty , judgement , &c. this is a good ba●… , and it shall be tryed , notwithstanding , thatthis is out of the limitation , because the lord cannot take the suit , and be contrary to the suit . assise of lands in d. they are at issue upon the seisin , the assisse finde for the plaintiffe , and thereby he recovereth , the tenant dieth , and his heire brings a precipe against the plaintiffe in the assise of land in d. the plaintiffe in the assise pleades the first recovery of the same lands in d. and averreth that all is one and the same land , the demaundant shall not be bound by the first tryall . . e. . p. . a man recovers in a precipe in the common pleas land in the cinque-ports upon issue upon the seisin , the tenant dyeth , his heire brings an action in the cinque-ports of the same land , he shall be bound by the first tryall , . h. . . in the county palatine a commission in ayre issued , and after another commission in ayre issued , who repealed the first , and i.n. recovered land upon issue , upon the seisin before the first commissioners , the tenant dyes , his heire shall be bound by this seisin in an action brought before the last commissioners , because the first commission is notdetermined before proclamation or notice given to the first commissioners , . e. . p. . a man recovers in banco , land which is in lancaster upon issue upon the seisin , the tenant which lost , brought another action against the demandant at lancaster , he shall not be bound by the first triall . . h. . . because it was coram non judice , & breve rs. non currit . a man leaseth for life , a man brings a precipe quod red . of rent against the tenant for life by covin , and recovers upon issue upon the seisin , the tenant for life dyeth , he in the reversion shall not be bound by this tryall , because a feint recovery shall bee avoyded by the statute of . h. . and by this statute the party and his heires shall be bound , and he it the reversion is not heire . a cessavit by tenant in tayle , they are at issue upon tryall of the seisin , which is found for the tenant , who hath judgement , the demandant dyeth , his issue shal not be barred by this tryall to make an avowry , or to have another cessavit afterwards , because this is none of the actions which is spoken of in the statute , and also the judgement is , that hee shall be barred of the land , and not of the seigniory , and upon a new cessavit the heire may averre a cesser , and the issue was upon a cesser in the seignory , and the statute speakes of a seisin of the thing demaunded , which is the land , and not the seigniory . dowre , they are at issue that the husband was never seised , which is found against the demandant , by which shee is barred , her sonne and heire of her and her husband brings a mortdancester against the same tenant , he shall not be barred by the first tryall , because the first judgement was onely of dowre , and not of title , and the heire claimes as heire , and not as heire to the mother . lord mesne and tenant , the tenant holds by fealty and sixpence , and the mesne by homage , fealty , escuage , andtwelve pence , the measne makes an avowry upon the tenant for fealty & sixpence , and alleageth seisin of the fealty and rent in his father , which is found and tried against him , and iudgement given by this tryall , the lord may distraine the tenant , and make avowry for homage , fealty , and d. because the statute saith , that by the tryall , the measne and his heires shall be barred of all avowries and claimes , therefore the menalty is gone , and the tenant shall hold of the lord , which is his owne act , as a release , foreiudger , and the like , and claime extends to all interrests ; tamen quere , because it seemeth that hee shall not be barred , but onely in the action in which the tryall is . lord and tenant , the lord avoweth , the plaintiffe traverseth the seisin which is found for him , and he hath iudgement , and recovers dammages , the lord cannot bring a precipe quod reddat of the same rent against the plaintiffe , because the statute saith , that that shall be a barre of all avowries andclaimes after , yet it seemeth that the the law is contrary , and that he shall be barred onely in his action . juris utrum passeth against the person upon the tryall of a seisin , his successor shall be barred by this tryall , because within the equity of the statute . the seventh lecture . what infants , feme coverts , and the like , shall have actions , and shall be aided by this statute , &c. two joyntenants have cause of a writ of entry upon the ancient limitation , tempore statuti , whereas one was imprisoned tempore statuti , and after he which was imprisoned dieth , the other shall not have an action within sixe moneths upon the ancient limitation , notwithstanding this statute , because the ancient limitation was expired at ascention . and he which survived was not imprisoned , and he is not heire to the other , and so not aided . two parceners , of which one was a seme covert before the statute , had cause of action of two acres of land upon the ancient limitation tempore statuti , hee which was not covert dyeth without issue , the other shall not have an action upon the ancient limitation within the sixe yeares to recover the two acres , because she was to have but a moity , and the other moity was bound in her sister by her larches , because she and her heirs were bound , by reason that she was not covert . a man which had cause of action upon the ancient limitation , had issue , two sons , and dyeth before the statute , the eldest is professed in france at the time of the statute , and the youngest is within age at the time of the statute , and after the eldest is deraigned and cometh backe out of france , there the yongest which commeth at full age , nor the eldest shall not have an action with the sixe yeares upon the ancient limitation , because the statute doth not provide for those which were beyond sea , unlesse they had cause of action at thetime of the statute , and a man in religion had not cause of action at the time of the statute , and the youngest cannot have it , because yet he is not heire . a feme covert had cause of action upon the ancient limitation at the time of the statute , and after is divorced , after ascention , . and doth not commence action within the six yeares , but the husband brings an appeale within the six yeares , which depends . yeares , and afterwards the divorce is repealed , the husband dyeth , the wife shall have an action upon the ancient limitation within other six yeares , because while the appeale is depending , the espousals shall not be determined . a man imprisoned at the time of the statute , had cause of action upon the ancient limitation , and after ascention , . he goeth at large , and going to west ▪ for to purchase his writ , is freshly arrested , and imprisoned by . yeares , and afterwards is inlarged , he shall not have an action upon the ancient limitat . within the . years after his enlargement , because the . yeares shall be accompted from his first enlargement . a feme covert at the time of the statute had cause of action upon the ancient limitation , and after ascention . after her a divorce is had , and the husband brings an appeale , which continued . yeares , and is nonsuted in his appeale , the wife shall have an action upon the ancient limitation within the six yeares after the nonsute , because that depending , the appeale it is taken in the spirituall law , that the espousals are not discharged , a daughter within age , at the time of the statute had cause of action , auncestral to . acres of land upon the ancient limitation , and within one moneth after the parliament another daughter is borne , they shall not recover the foure acres by an action after taken within the six yeares upon the ancient limitation , notwithstanding this proviso of the stat. a man of non sane memory at the time of the statute , or an ideot , had cause of action , tempore statuti , and dyeth after ascention . his heire shall never have an action , because he is not aided by the statute , and the ancient limitation is expired . a man which had cause of action upon the ancient limitation at the time of the statute is excommunicated , and brought his action before ascention . & is disabled by the excomunication , and after ascention . is absolved , he shall well have his action upon the ancient limitation , because the ancient writ shall serve him , because that shall not abate , but shall delay the plea , and shall be revived by resummons , and it was taken before ascention , &c. and therefore well . a man which was an infant at the time of the statute , and then having cause of action upon the ancient limitation , brought his action upon the ancient limitation , after ascention . and within the six yeares and is nonsuited , or his writ abateth by the plea of the tenant , and he brings another action within the sixe yeares , he may declare upon the antient limitation , because the statute warrants all thatwhich is within the sixe yeares . a feme covert at the time of the statute , had cause of action auncestrall , upon the auncient limitation , and after ascention . she and her husband brought an action upon the auncient limitation within a yeere then following , &c. they shall not have an action , notwithstanding this proviso of the statute , because the wife is aided within the sixe yeares , after discontinuance , but not the husband and wife , after ascention . the coverture containing , because the ancient limitation is expired . a daughter within age at the time of the statute , had cause of a writ of ayle , and after a son is borne , and enters , and dyeth without issue , the first abator continueth his seisin , the daughter shall not have an action against the abator upon the auncient limitation within the sixe yeares , &c. because by the entry of the son , the ancient action is determined , & she may have an action upon the new limitation as heire to the sonne . a man which had cause of action uponthe ancient limitation at the time of the statute , dies within two dayes after the statute , his heire within age , who comes to full age after ascension , ▪ he shall not have an action upon the ancient limitation within the . yeares , because his father was not an infant , nor imprisoned , nor beyond sea at the time of the statute , and so he is not ayded . a man which was beyond sea at the time of the making of the statute , had cause of action upon the ancient limitation , and makes an atturnie after ascension , . who brought an action in the name of his master upon the ancient limitation in absence of his master , the action doth not lie upon the ancient limitation , because it is not given but within six yeares after his returne , and not after ascension , &c. and in his absence , and now the ancient limitation is expired . a man which had cause of action upon the ancient limitation at the time to the statute , dyeth the next day after the statute , his daughter and heire beingfeme covert , the husband dies after ascension , . she shall not have an action within the . yeares upon the ancient limitation , because she had not cause of action at the time of the statute , and her father was neither an infant , imprisoned , nor beyond the sea at the time of the statute , and so he is not aided . a man which had cause of action upon the ancient limitation at the time of the statute , dyeth one day after the statute , his son beyond sea , who returnes after ascension , . the said son shall not have an action within the sixe yeares , upon the ancient limitation , because he had not cause of action at the time of the statute , and his father was not priviledged as an infant , and the like , at the time , &c. deane and chapter have cause of action upon the ancient limitation at the time of the statute , the deane within age at the time , &c. the deane and chapter after ascension , . shall not have an action within the sixe yeares upon the ancient limitation , because infancy shall not serve in his capacity . an infant which had cause of action upon the auncient limitation , takes a lease for three yeares , which continueth tempore statuti , he within age , and after ascention . he comes to full age , the terme expires , hee shall not have an action upon t he auncient limitation , within the six yeares , because he had not cause of action at the time of the statute , for it was not suspended . a woman is disseised of a rent charge . yeeres before the statute , by the tenant of the land , the tenant makes a lease of the land to the woman for yeares , she takes a husband , the statute is made , and after the terme expires , and the husband dyes after ascention . she shall not have an action upon the auncient limitation within the six yeares , because it was suspended at the time of the statute , and therefore no cause of action at the time , &c. baron and feme have cause of action to xx . acres of land in the wives right upon the auncient limitation , the husbandis imprisoned at the time of the statute , the husband and wife shall not have an action within the six yeares upon the ancient limitation , because the wife by whom the action accrueth was not imprisoned at the time , and she by the coverture is not ayded by the statute during the life of her husband . for the statute speakes of six yeares after discoverture , and the husband and wife are not one person , as to this purpose , because she shall not joyne in an action for the imprisonment of her husband . lord and tenant by homage , fealty , and rent , the tenant leaseth the land to one for terme of life , the remainder to i. n. in fee , the lord is desseised of the rent by tenant for life . yeares before the statute , he in the remainder dyeth without heir , eand the lord is beyond seas at the time of the statute , he shall not have an action of the rent after ascention . within the six yeares upon the auncient limitation , because the seigniory was extinct by the excheat of the remainder , temporestatuti , and the seigniorie was in him , for a disseisin of the rent is not a disseisin of the service , and so no cause of action tempore statuti . lord and tenant , the tenant defeceth the lord of his rents and services , . yeares before the statute , and after enfeoffeth the lord , and i.n. of the land , and maketh livery to i.n. and the lord is imprisoned , tempore statuti , who commeth at large after ascension , . hee shall have an action upon the ancient limitation within the fixe yeares , because the livery was not made to the lord , and the user of the action is a disclaimer . two parceners which are within age at the time of the statute , have cause of action auncestral upon the ancient limitation , one comes at full age within a moneth after ascension , . and the other comes at full age . yeares after , &c. they may bring their action upon the ancient limitation within . years after the full age of the yongest , notwithstanding that it be x. yeares after the full age of the eldest . because that they are but one heire , and the age of the one shall stay the parcell for the other . a daughter within age at the time of the statute , had cause of an aff. of mortdancester upon the ancient limitation , as heire of her father , and after ascension , . a son is born , and after he dyeth without issue , the daughter shall not have in action upon the ancient limitation within the . yeares , because her action was once extinguished by the birth of the son . a parson of a church had cause of an assise tempore statuti of a disseisin , . yeares before , &c. and is imprisoned at the time of the statute , and is deposed , and another put in , and afterwards the new parson is deposed , and the first is inducted parson againe , he shall not have an assise upon the ancient limitation within the sixe yeares , because that albeit that an assise may revive , as in case where a discent is had , and after the land discends to the disseisor , &c. and outlawry , and the like , &c. yet that is upon the ancient title which remaines in the plaintife , but in this case the title was gone by the deprivation , and he is now parson by the new presentation , and so a new title , and his first charge , lease and graunt are determined . alienee purchaseth land , and is disseised . yeares before the statute , and is beyond the sea at the time of the statute , and after the king makes him denizen , and he commeth backe , he shall not have an assise upon the ancient limitation within the sixe yeares , by this proviso of the statute , because he had not cause of an assise at the time , &c. for that he was an alien , and an alien borne is not to enjoy an action as a subject . a man takes his neife to wife , i. n. enfeoffeth the husband and wife in fee , the husband dieth , the wife enters and is ousted by the heire of her husband who is desseised by i.s. . yeares before the statute , and the woman and the heire of the husband are beyond sea at the time of the statute , the heire shall have an action upon the ancient limitation , within the sixe yeares , and not the wife , because it is no enfranchisement by nat. brev. for the wife shall not have dowre in that case , and therefore the heire may enter in the land purchased by his villaine , and so the action to him . the eighth lecture . what causes are sufficient causes of action vested in in such persons at the time of the statute to have an action upon the auncient limitation within the sixe yeares , and to take advantage of the sixe yeares , and which not . if the king gives land of the suppression of . h. . to i. s. in fee , which was holden by the abbey of d. of i. s. by fealty and xx . s . rent , i. n. distraines for the rent , i.s. makes a rescous , . years passe the statute commeth , i.n. beyond sea , he had cause of action for the rent by this branch of the statute , to have advantage of the sixe yeares . because the act reserves rents and services to strangers , but otherwise it is where the king is entituled by double matter of record , as for forfeits for treason , and office found , orby office found for not doing of their duty , for in those cases , if the act of parliament give that to the king , saving titles of estrangers , as if no such act had been made , that would not serve , because if no such act had been , the seisin of the king , by matter of record , extinguisheth all seigniories , but the words of the act of the . suppression are [ saving to all estrangers , their titles , as if the abbe had been living , not a diver si tat . a man is attainted of treason by act of parliament , and after the heire is restored in as high a manner , as if no such attainder had been , the lord distraines for his rent , and rescous is made . yeares past , the statute comes , the lord is imprisoned , he had good cause of action for the rent to have advantage of the . yeares . because all is revived , as in the case of a condition , &c. a man holds of his sonne by . s. and dieth , the sonne enters , by which the seigniory is extinct , and endoweth his mother of the third part of the land , the statute commeth , the sonne beyondsea , he hath cause of action of the third part of the rent , within the . yeares upon the ancient limitation , if he be debtor . . e. . . that the wife is in by the husband , and the seigniory was determined by the act of the law , and not by the act of the lord as a purchase , & therefore she shall be attendant for the third part of the rent . what causes of action shall serve those which were infants and covert , and the like , tempore statuti , & what not ? a man gives land in tayle , reserving rent , & dieth , his wife is endowed of the rent , the tenant in taile dieth without issue , the heire of the dower enters , and defeceth the wife of the rent , . years before the statute , and she is beyond sea at the time of the statute , she hath not cause of action upon the ancient limitation , to use it within the sixe yeeres , &c. . e. . a woman seised of certain land , takes a husband , and after the husband , enters in religion , the wife aliens in fee , & after the husband is dereigned before the stat . of desolutions , & enters , & is ousted by thealience . yeares before this statute of limitations , and is imprisoned at the time of the statute , he had good cause of action to use within sixe yeares upon the auncient limitation , . e. . tit. entre . a man seised in fee , takes a wife , the lord of the land grants the seigniory to the wife and her husband in fee , and the husband dies , she accepts homage of the tenant . yeares before the statute , and is beyond sea at the time of the statute , she had not cause to have a writ of dowre upon the land within the sixe yeares upon the anncient limitation , because she had accepted the seigniory , & she shall not have both , . e. . land is given by fine to one for life , the remainder to one which was baptized by the name of john in fee , and after hee in the remainder is confirmed by the name of william , the tenant for life dyeth , an estranger enters . yeeres before the statute , hee in the remainder is imprisoned at the time of the statute , this is not sufficient cause of action to have a scire facias within the sixe yeares upon the auncient limitation , . r. . contrary upon a purchase executed . a mardeaseth for life , and tenant for life leaseth for anothers life , upon condition , & enters for the condition broken , he in the reversion enters . yeares before this statute , the tenant for life imprisoned , tempore statuti , he had not cause of action to enjoy the auncient limitation within the six yeares , because a forfeiture shall not revive . a man who was beyond sea at the time of the statute , and had cause of action , &c. comes to dowre , and incontinent , the king sends him backe to warre in france , who continueth there seven yeares in a fortresse , and commeth back , he shall not have his action within the six yeares , nor otherwise . a man seised in right of his wife , aliens mortmaine , the lord enters , the husband dyeth . yeares before this statute , the wife is beyond sea , tempore statuti , &c. the wife had good cause of action to recover the land within the six yeares of his returne , upon the auncient limitation . the lord disseiseth his tenant , and makes a feoffment in fee upon condition , and re-enters for the condition broken , the tenant enters upon him , and rescoussetha distresse . yeares before this statute , the lord is imprisoned at the time of the statute , he had not cause of action , nor to avow for the rent , nor seigniory upon the antient limitation within the sixe yeares of his enlargement , because the rent and seigniory were extinct before and cannot be revived by the condition . an alience hath issue a sonne , and is made denizen , and purchazeth land , and hath issue another sonne , and dieth , the youngest sonne entreth , the eldest doth oust him . yeares before this statute , the youngest is imprisoned at the time of the statute , he hath good cause of action to use it within sixe yeares upon the ancient limitation , because he was not inheritable before his father was denizen , as the son of a villaine borne after the enfranchisment is free , but contrary , of him which was borne before , &c. grandfather and son , the grandfather dies seised , i. h. abates , the son disseiseth him , the father dies . yeares before this statute , i. h. hath not cause of action to use it within . yeares upon the ancient limitation , because the discent of the right of the father to the sonne doth remit him . a man leaseth land for life , the tenant for life is disseised , an ancester collaterall of the tenant for life releaseth with warrantty , and dieth without issue . yeares past , the statute is made , the tenant for life beyond the sea , he had not cause of action to enjoy the sixe yeares by this branch of the statute , . h. . tenant in tayle discontinueth , and retaketh in fee , and grants a rent charge , and makes a feoffment upon condition , the grantee is defeced of the rent , the tenant in taile had issue , and dieth , the heire enters for the condition broken , the grantee is imprisoned , &c. hee had good cause of action for the rent by this branch , &c. because the heire is not remitted for that that he entred at full age , contrary of such an entry for a condition within age , . h. . grandfather , father , and son , the grandfather is seised of certaine land with common appurtenance , and is disseised of the common , & brings an asseise , and is non-suited , & enfeoffeth the father of the land with the appurt . & dieth , the father dieth . yeares before this statute , the sonne within age at the time of the statute , no cause of action is to the sonne to have an action within the six yeares , . e. . a man made a feoffment in fee to a woman , upon condition , that if he marry her , that it shall be lawful to him to enter , and he marrieth him , and aliens , and dyeth . yeares before the statute , the wife is beyond sea at the time of the statute , she had cause of action , by a cui in vita , to use it within the six yeares , . e. . because he was seised in right of his wife before , and he could not enter upon himselfe . the nineth lecture . because the statute in the ninth article is , that if those which were infants fem. coverts and the like , die within age covert , &c. no judgement or determination had of such titles , actions or rights , that their next heir or heirs shall have like liberty and advantage within the sixe yeers next after the death of the auncester , as the auncester might have had within the sixe yeers , &c. it is therefore at this time to be seen , what judgements shall make a determination of the action in such cases , and e contra ; and what persons shall be aided by this branch , and what not . a man brought a writ of mortdauncestor , after ascention , . upon the auntient limitation , and within the sixe yeers , &c. because that he was an infant , tempore statuti : the tenant pleads darrain scisin in the demaundant judgement , &c. the demaundant pleads an estoppel , which is adjudged against him in another terme , by whichjudgement is given , &c. the demaundant dieth , this judgement is a good determination of this action against the heire , to have such action within another sixe yeers . because albeit he be not party to the writ , and to all actions , yet he is barred as to this action , because the heir may have a writ of coufinage or besaile , and not a writ of aile , because he is not within the degree , &c. and the writ shall say , de quo , i. h. proavus suus fuit seisitus die quo obiit , &c. he which was an infant , tempore statuti , brought a formedon after ascention , &c. and within the . yeers , &c. upon the antient limitation , & is nonsuited , & iudgement is given upon that , and he dieth , his issue shall have another formedon within another . yeers upon the the antient limitation , notwithstanding this statute . because this is no determination of the action , nor bayle , but the heire shall have another formedon , and so is the intent of the statute , ut patet , by another clause of the statute . a man which was imprisoned , tempore statuti , brings a writ of right upon a disclaymer against his tenant , which had disclaimed , the tenant pleads faux latin to the writ , by which the writ abates by judgement ; the demandant dies within the . yeers , his heire shall not have another . yeeres to bring his action in upon the antient limitation . because the heir shall not have droyt sur disclaymer , by the disclaymer to his father . . p. . he who was beyond sea at the time of the statute , brings a writ of entry in the per , upon the antient limitation after ascention , &c. the writ abates by judgement by the death of the tenant , his heir entred , and the demandant dieth within the . yeers , this judgement is a good determination of this action against the heir , so that he shall not have such another action within another . yeeres . because he shall have that in the per and cui , and not in the per . a precipe upon the antient limitation after ascention , by a fem. which was covert at the time of the stat. and within . yeers the tenant pleads excommunicationin the demandant , which is adiudged for a good plea , the demandant dieth within the . yeeres , his heire shall have an action upon the antient limitation within another . yeeres , notwithstanding this iudgement . because it is but a demurrer of the parol , which is not peremptory . a woman which was covert , tempore statuti , brings a formedon in remainder upon the antient limitation after ascention , &c. within the sixe yeeres , the tenant demands oyer of the deed of remainder , and demurreth for the not shewing of it , which demurrer is adiudged against the demandant , and hee dieth within the . yeeres , the heire shall not have another formedon within another . yeeres . because this iudgement is a bar at the time of the monstration . fitz. . , . & h. . . and the iudgement is , that the demandant shall take nothing by this writ . a writ of entry in the quibus is brought by the heir against a termor , which doeth nothing , and against another , which pleads non disscisivit , the termor is acquited , and the other is found guilty , the plaintiffe recovers , this is a good determination against the termor , so that he nor his executors shall not have an action , nor remedy , notwithstanding that he had a good title to the terme , and the plaintiffe no title to the land . a man which was imprisoned at the time of the statute , brings an assise after ascention , &c. and within the . yeers , upon the antient limitation , the tenant voucheth another record of assise , brought by the plaintife against him , in which he was barred , the plaintife pleads nul . tiel record , and a record is certified , brought against the demandant , and his wife , by which iudgement is given against the plaintife , who dies within the . yeers , this iudgement is a good determination , so that the heir shall not have an action within other . yeers . because it is a good bar , and no fayler of record . heir in tayl , which was within age at the time of the statute , brought a writ of right after ascention , &c. upon the antient limitation , and within the . yeers . and he and the tenant ioynes the miseupon the meer droyt , and after the demandant made default , by which iudgement finall is given , and he dies within the . yeeres , there the heir shall have an action within other . yeeres , notwithstanding this iudgement . for he shall have a formedon , because the default was the act of the father , which shall not preiudice the issue in tayle by the statute of westm. . a man which was beyond sea at the time of the statute , brings a writ of right after ascention , upon the antient limitation , and within the . yeeres the tenant tenders the half-mark for to enquire of the seisin , which is found for him , and iudgement finall is given , the demandant dies within . yeers ; this is not a good iudgement to oust the heir , to have an action within another . yeers . because he may reverse that by error , . e. . tit. iudgement . fitz. e. . and the enquiry of the seisin was no issue , and therefore is cleere by the statute of ieofayles . tenant in tayle , which was imprisoned tempore statuti , brings a writ of nativo habendo , of a villain regardant afterascention , &c. and within the . yeers upon the antient limitation , the defendant pleads frank &c. and gives an enfranchisement by the plaintife by deed in evidence , the iurie possesseth for him , the plaintife is barred by iudgement , and dies within the . yeeres ; this is no determination against the heir , to have another action within another sixe yeeres . because the issue was true , but now the issue in tayle may confesse and avoid this iudgement . . e. . he which was imprisoned at the time of the statute , had cause of attaint upon the antient limitation , and brings that within the . yeeres , and after is non-suited at the first day , and dieth ; this is no determination against the heir , but that he may have an attaint within another . yeeres . because the non-suit is not peremptory , but where it is taken after . e. . a quere in p. the plaintife declares , the defendant makes his bar , the plaintife is nonsuit , this is a good determination against the plaintife , so that he shallnot have another quere in p. because the non-suit after appearance is peremptory . . e. . a man that was beyond sea at the time of the statute , brings a writ of right close after ascention , &c. and within the sixe yeeres , upon the antient limitation , in auntient demeane , where the lord had confirmed the state of the tenant before by deed indented , to hold by lesser services , the tenant pleads a plea which is found for him , the demandant is barred by iudgement , and dieth within the sixe yeeres , this is a good determination of the action for ever , so that the heir shall not have an action within other sixe yeeres . because a confirmation doth not make a frank fee , because no alteration of possession , contrary of a fine or feoffment . two parteners , one releaseth to the other , one brought a precipe against both , hee who released made default , the other appears , and prayes the view , and will not take the intire tenancy , the demandant records the moietie of him which did not appeare by default , and afteris non-suit , and had execution of the moiety , hee which lost is imprisoned at the time of the statute , and brings an assise after ascention , &c. and within the . yeares , against him which recorded upon the antient limitation , and dies within the sixe yeeres ; this iudgement aforesaid is not a determination against the heir , to bring a writ of entry in the quibus , or another action within other . yeeres . . e. . because a recovery against him who had nothing , is of no validity , &c. nor shall not binde him . a man which was an infant at the time of the statute , makes a plaint of mordauncestor without an original before the iustices of assise , upon the antient limitation after ascention , &c. and within the . yeers , the tenant pleads in bar , which is found for him , and had iudgement against the plaintife , the plaintife dies within the . yeeres , this iudgement is no determination against the heir , to oust him of an action within . other yeares . for it is void , and coram non judice , otherwise if the triall had been in banco . a man which was imprisoned at the time of the statute , brings a cui in vita in banco , upon the antient limitation after ascention , &c. and within the . yeeres , the tenant appears and pleads , and barres the demandant by demurre , by which iudgement is given , this iudgement shall be a determination against the heir , to bring another action . because it is not voide but error , because this court had authoritie ; contrary of iustices of assise , without a writ and patent of assise ; for the others have a generall commission . a man which was beyond sea at the time of the statute , brings an ass . after ascention , . upon the antient limitation , and within the . yeeres which remained , &c. one of the justices dieth , and the plaintife is associated to the other iustice , and iudgement is given against the plaintife at the next sessions upon issue tried , and he dies within the . yeeres , this is a determination against the heir for ever , so that he shall never have action within the . yeers , nor otherwise . because now it is not error by reason of the statute of ieofayles , and it may be that there were two persons notwithstanding the wards of the record . he which was an infant tempore statuti , brings a formedon after ascention , and within the . yeeres after , upon the antient limitation against tenant for life , who disclaimeth , the demandant hath iudgement , and enters , and the tenant for life dieth , he in the reversion enters upon the demandant , and the demandant dies within the . yeers , this iudgem . and execution thereupon , is not a determination against the heir in tayle , but that he may have another action against him in the reversion , within the other sixe yeeres . because upon the disclaymer the iudgment is no other but that the writ shall aba●e , and the demandant to enter in at his perill , which doth not binde him in the reversion ; contrary of a recovery against tenant for life , note the difference , . h. . f. . a man leaseth land for another manslife , and grants the reversion over the tenant aff. and aliens in fee , hee in the reversion is beyond sea , tempore statuti , &c. and there dies , his heire shall not have a writ of entrie , ad terminum qui preteriit , within the . yeeres . because it doth not lie , but for the first lessor , and his heirs . a parson of a parish was imprisoned tempore statuti , and brings a imcis utrum after ascention , &c. upon the antient limitation within the . yeeres , which was adiudged against him upon a demurrer upon a plea pleaded to the writ , and he dies within the . yeers , this is no determination against the successor , but that he may have another action within the . yeeres , notwithstanding that the statute speaks of heirs only . because he is within the equitie of the statute . a commission of eyre issueth in the county of d. one which was an infant tempore statuti , brings an assise before them after ascention , &c. upon the antient limitation within the . yeeres , and depending that the court of kings bench commeth into the same county , andproclaimes the peace , and after the tenant barres the plaintife by demur upon the title , the plaintife dieth within the . yeers , this is no good iudgement against the heir , to bring an action within another . yeeres . because the iudgement is voide by the comming of the kings bench , and making of proclamation , or error at the least . a stativo habendo brought by a man which was beyond sea at the time of the statute , and after ascention , &c. and upon the antient limitation , within the sixe yeares , the plaintife declares , and is non-suited , and iudgement is given upon that , and the plaintife dieth within the sixe yeeres ; this is a determination against the heir , so that he shall have no other action within other sixe yeeres . because the non-suit is peremptory in favorem libertatis . he which was an infant tempore statuti , brought a cessavit upon the antient limitation after ascention , &c. and within the sixe yeeres , the tenant pleads false latine to the writ , by which the writ abates by iudgement upon demurrer , thedemandant dieth within . yeeres , this is a good determination , so that the heire shall have an action of that within other yeeres . because he shall not have a cessavit of a cesser in his fathers time . a woman which was covert at the time of the statute , brings a precipe in banco , upon the antient limitation , after ascention , &c. and within sixe yeers , of land in the county palatine of durham , the tenant pleads a barre , the demandant demurres , and is barred by iudgement , and dieth within the . yeeres ; this is no determination to oust the heir of an action within other . yeeres . because this is a void iudgement , and coram non iudice : contrary in the cinque ports , and auntient dem . the husband discontinueth the right of his wife , and dies , the feoffee ceaseth , the lord records by a cessav , the wife beyond sea at the time of the statute , the wife dies within the . yeeres ; this iudgement is no determination against the heir , but that he may have another action within another . yeeres . because his title is before the cesser , for albeit the recovery in the cessavit against the husband and wife , shall binde , yet otherwise it is , when the wife is not party . a precipe by a man which was beyond sea at the time of the statute , brought within the . yeers , the bailiffes of d. demand conusance and ousted of it by reason of failee of right , and they demand cognisance againe , and traverse the failer of right , and the demandant also , and the tenant joyneth in issue to the bailifes , and the issue is found against the bailiffes , by which judgement is given , the demand , dieth , this judgement is a determination to the heir , so that hee need not have another action within other . yeeres . because the tenant had lost the land , and the heir may enter if he will . the tenth lecture . of determinations in fait . what matters , and what things shall be said good determinations of titles and rights of infants , fem. coverts and the like , at the time of the statute , so that if they die within the . yeers , their heires shall not have advantage of another sixe yeeres . in . had cause of action upon the antient limitation against a villain , and is beyond sea , tempore statuti , and returneth , an auncester collateral of i. n. releaseth to the villain , with warranty , the lord of the villain enters , the auncester collaterall dies without issue , j. n. dieth within the . yeeres , this is no determinationto hinder the heire , i. n. to have an action within another . yeeres . because the warranty is not descended upon the possession of him to whom it was made , . ass . he which was an infant tempore statuti , and had cause of action to a rent-charge upon the antient limitation , out of ten acres of land , enters into one acre at full age , and enfeoffeth an estrainger , and dieth within the . yeeres , the tenant reenters , the interest of the heir is gone to have an action within the other . yeeres . because a discharge of one acre by a tertious entrie , is a discharge of all , as by a purchase of one acre , because there cannot be an apportionment , and notwithstanding , that he would enter as heir , yet if the disseisee would would not re-enter upon him , the rent shall not revive . a man which was an infant tempore statuti , had cause of action upon the antient limitation for common , out of twenty acres of land , the tenant of the soyle enfeoffeth the infant of the land unde , &c ▪ upon condition , the infant enfeoffeth astranger , and dieth within the . yeeres , the feoffer enters for the condition broken , the title of the heir is not determined . because of the infancy at the time of the feoffment , and the regresse of the feoffer revives all . he which was an infant at the time of the statute , had cause of action upon the antient limitation to a rent charge , the tenant of the soile deviseth the land to the infant for to sell , according to the custome , &c. the infant comes of full age , and sells , and dieth within the . yeeres , the title of the rent is not determined , but that his heir shall have remedy within another . yeeres . because the land , out of which the rent was issuing , passed by the will of the devisor , and not by the infant which sold . lord and tenant of . acres by foure pence rent , the lord is disseised of the rent by the tenant . yeeres before the statute , he being imprisoned at the time of the statute , and afterwards releaseth to the tenant all his right in one of the acres , and had issue , and diethwithin . yeeres , the interest of the heir in the rent is not determined to have an action within the other . yeeres . because it is but for part , as a purchase of one acre , &c. lord and tenant , the tenant is disseised . yeeres past , and is beyond sea at the time of the statute , and returnes , and is utlawed of felony by erroneous processe , and dieth within the . yeeres , the lord enters , the heir reverseth the utlary by error , this action , nor title to the land is not determined to have remedie within . other yeeres . because the reversing of the utlary ab initio , reverseth the title of the land . a man which was imprisoned at the the of the statute , had cause of a formedon upon the antient limitation , upon an alienation with warranty , and dieth within the . yeeres , and had assetts descended , which assetts was impaired by drowning in the time of the ancestor , the title of the heir is not determined to have an action within the other . yeeres . because it is not asserts the day of the writ purchased . e. . contr. by thiop . a man which had title of action upon the antient limitation , hath issue two sons and dieth , the eldest in religion before the statute of . h. . the youngest brings an action for the land , and leeseth by false verdict , the eldest is derained , and he and the youngest are imprisoned at the time of the statute , and the youngest dieth within the . yeeres , the title of the eldest is determined to have an action or an entry within other . yeers . because the youngest was barred as heir , and none may have an attaint but the heir of the youngest , and the verdict bindes the title . a man makes a feoffment in fee , upon condition the feoffee is disseised , and imprisoned tempore statuti , the feoffer had issue a daughter , and dieth , his wife privement enseint , the daughter enters for the condition broken , the feoffee dieth within the . yeeres , and a son is borne of the wife of the feoffer , the heir of the feoffee , nor the son shall not have remedy within the other . yeeres . because this is as a purchase to the daughter , tempore statuti . a man seised of two acres of land intwo villages in one county , is disseised by another , that is to say , of one acre at one time , and of another acre at another time , the disseisor of non sane memory , makes a feoffment of one acre , and is imprisoned tempore statuti , and dieth within the sixe yeeres , the disseisee enters into the other acre , of which no feoffment was made in the name of both , the title of the heire of the disseisor is determined for both acres , to have remedy within sixe other yeeres . because the entry into one acre in the name of two , is good against the same person , contrary against two severall disseisors . a man seised of two acres enfeoffeth one of . acre upon conditiō , & enfeoffeth another of another acre upon another condition , the first feoffee within age , enfeoffeth a stranger in that acre , & is within age at the time of the statute , and dieth within the sixe yeers , the conditions are broken , the first feoffer enters in the other acre , in the hands of him which did not make the feoffment in name of both acres , the title of the heir of the infant is not determined by this entry . because the entry upon the feoffee in name of both shall not serve against the feoffee , and therefore remedy for one acre . a disseisor makes a gift in tayle , the reversion in fee , the tenant in taile had issue and dieth , the issue enters and dieth without issue , hee in the remainder enters , the disseisee is imprisoned at the time of the statute , within the . yeeres , the title of entry of his heir is not determined to enter within sixe other yeeres . because by the death of tenant in tayl without issue the descent is gone , and so the title of entry for the heir is revived . a parson makes a lease for life , and dieth , his successor is beyond sea at the time of the statute , and after dieth , his successor taketh fealty of the lessor , his title is determined to take benefit within the other sixe yeeres . because this acceptance is a receipt of rent . a man which was imprisoned at the time of the statute , and had cause of action , ut supra , &c. is enlarged after ascension , &c. and delivers a release , asan escrow to i. n. upon certain conditions to be performed , to deliver it to the terr tenant , as his deed , and before the day , hee is of non sane memory , and after the conditions are performed , and i. n. delivers the deed and the feoffor dies within the sixe yeeres , this is a good determination of the right , so that the heir shall not have an action within other sixe yeers . because that had relation to the commandment , &c. a man enfeoffed i. n. upon condition that he should enfeoffe a woman , and he enfeoffed the woman and her husband to them and the heirs of the wife , and after the husband discontinueth , the statute commeth , the husband dieth , the wife dieth within the sixe yeeres , the first feoffor enters , the title of the heir of the wife is determined to have remedy within the other . yeeres . because by the misexecuting of the state to the husband and wife , which should have been onely to the wife , the condition is broken . the eleventh lecture . for that the statute saith , that if any person taketh any of the said actions , auditories , scire facias , prescriptions , titles or claimes , before ascension , . which abateth by the death of any partie , no judgement or determination being had , that the party which liveth , or his heir shall have a new action , &c. within a yeere after such writ or suit abated , and shall have such advantages within that yeer , as at the common law , and the eighth article within . yeeres likewise . it is to be see● , where such persons may declare upon the ancient limitation , and e contra , and what advantages they shall have , and e contra . two parcenors , heirs in tayle , bring a formedon upon the antient limitation , before ascensi . . one dies without issue , after ascension , &c. the other prayeth leave to have another writ , and brings that freshly against the first tenant withinthe yeere , who pleads non tenure , the demandant avers him tenant the day of the first writ , and shall have advantage to have this amercement for the land first in demand . because she claimes as heir of her father , and not as heir of the sister . two parcenors are disseised . yeers before the statute , and brings a writ of entre in the nature of an assise before ascension , . and one dieth without issue , after ascension , the other prayeth leave to have another writ , and brought that freshly against the same tenant within a yeer , &c. for the same land , who pleads non tenure , the demandant avers him tenant , the day of their first writ , shee shall not have advantage to have this averment . because it cannot be by anothers , but by the same title of the same action , and here she claimes a moiety by her sister . two infants are desseised . yeeres before the statute , and brought a writ of entry , in the nature of an assise before ascension , . and one dieth after ascension , &c. and the tenant also , andhis heir is in by descent , the other brings a writ of entry in the per , within the yeer , and the heir of the tenant is essoined , and after had the view by attourney , and after his attour . is essoined upon the view there at the day , the demandant cannot declare upon the ancient limitation , notwithstanding this statute . because the yeere is past , and therefore this article is little worth . a man brings a precipe upon the antient limitation , before ascention , . the tenant tenders his law of non summons , and performes that after ascention , &c. by which the writ abates , and he brings a new within the yeer , by journeys , accounts , &c. hee shall not have advantage to declare upon the ancient limitation . because that is expired , and the statute doth not warrant no abatement but by death . a man brought a precipe upon the antient limitation before ascension , the writ is abated by false latin after ascention , &c. the demandant prayeth to have another writ , and taketh it freshly byjourneys , accounts within the yeer , &c. the tenant pleads non-tenure , the demandant shall not have advantage to aver him tenant the day of the first writ by journeys , accounts , &c. because the first writ did not abate by death , and the averment proves , that he took the writ upon the antient title , where the antient limitation is determined , and therefore without the case of the statute . a man brought a precipe before ascention , &c. upon the antient limitation , the writ is abated by jointenancy af●er ascention , &c. the demandant takes a new writ by journeys , accounts , &c. within the yeer against both , the tenant pleads non tenure , the demandant avers them tenants die primi brevis , he shall not have advantage of this averment . because the writ doth not abate by death , and a writ by journeys , accounts , doth not lie against him which was not party to the first writ , nor by construction against his companion which was party . two infants bring an assise upon the antient limitation before ascention , & c. and after ascension , the assise abateth by death of one of the plaintifes , the other may have another assise within the yeer freshly , and shall have advantage to recover the entire costs of the first suit . because it is by journeys , accounts , &c. he which was imprisoned at the time of the statute , having cause of action , &c. and brings an action within the yeere , within the end of the sixe yeeres , according to the statute , the tenant is essoined , and after had the view , and his atturney is essoined upon the view , there the demandant cannot declare upon the antient limitation , notwithstanding the eighth and nineth article of the statute . because the sixe yeeres are past . a precipe , quod reddat , brought by one against two before ascension , &c. upon the antient limitation , one of the tenants dies after ascension , &c. sc. termino trin. and judgement is given , that the writ shall abate in the terme of saint mich. next following , &c. and the demandant brings another writ , which bears teste a yeer and two moneths after the death of the tenant , and within the yeer of thejudgement , he shall not have advantage to declare upon the antient limitation , e. . because the statute is ( within the yeer after the writ abates ) and it is in truth abated by the death , and the judgment shall have relation to the death , contrariwise upon another abatement ; note the diversitie . a man recovers his warranty , pro loco & tempore , in a warantia charte before ascension , &c. quia timet implacitari , and after leeseth in a precipe or assise , and after ascension brings a scire facias , within the yeere , to have in value , he shall not have advantage to have in value , upon the first indictment . because he ought to have vouched , or to have given notice in the first suit . a man brought a precipe before ascension , &c. upon the antient limitation , which abates after ascension , &c. by death of the tenant , and the demandant brought another precipe halfe a yeere within the yeere , the tenant casts a protection , which is allowed , and after the yeere , the demandant brings a resummons , he shall not have advantage to declare upon the antient limitation . because the yeere is past by the protection pending . a man brings a precipe upon a false limitation before ascension , &c. which abates after ascension , &c. by death of the tenant , and the demandant brings another precipe , halfe a yeere within the yeere , the tenant is essoyned de servitio rs. which is admitted , and after the expiration of that , the demandant comes to declare , he shall not have advantage to declare the antient limitation . because the yeere is expired . two parceners brought a writ of aile before ascension , &c. upon the antient limitation , and one had issue , and dieth after ascension , &c. and the other , and the issue brings a writ of ayle within the yeere , &c. they shall not have advantage for to declare upon the antient limitation . because the ancester was grandfather to one , and great grandfather to to other , and therefore could not joyne , and they shall not be aydedby the equality of the statute , as in mordauncestor . a man brings a precipe upon the antient limitation , before ascension , &c. which abates by the death of the tenant after ascension , and the demandant brings another writ within the yeer , and the tenant voucheth an infant within age of . yeeres , by which the plea demurs , and at full age the demandant brought a resummons against the vouch , the demandant shall not have advantage to declare against him , upon the antient limitation . because the yeere is expired . a man brought a precipe upon the antient limitation , before ascension , &c. against two tenants for life , which abated after the ascension , &c. by the death of one of the tenants , the demandant brings another writ within the yeer , the tenant is essoined , and after had the view , and after the demand , declares , the ten. praieth in ayde of him in the reversion , and had the ayde , by reason whereof summons ad auxiliand . issueth , and the prie is essoined , so that the yeer is now past , and now the prie joyneth , now the demandantshall have advantage to make his declaration upon the antient limitation . because this is a new declaration , as against vouch and tenant by receipt , but the prie shall have oyer of the antient declaration : nota differentiam . a precipe by him which was beyond sea , tempore statuti , &c. upon the antient limitation , brought within the sixe yeers , the tenant voucheth an infant of the age of . yeeres , by which the parol demurres untill his age , and after the vouchee upon a resummons enters into the warranty , the demandant shall not have advantage to declare upon the antient limitation . because the . yeers are past . a precipe brought by one within yeeres , tempore statuti , upon the antient limitation , and they are at issue , and at the habeas corpora , or distringas juratores , the demandant is essoined within the yeer , the demandant shall have advantage to have the essoyne . fitz. tit. essoin. . e. . because none can restraine him todelay himself : a man brought a precipe against two joynt-tenants upon the ancient limitation before ascention , &c. which have the view ; and after ascention the writ is abated by the death of one of them ; the demandant brings another precipe against the other within the year , and he demands the view again , the demandant shall have advantage , to oust him of the view , but contrary is it where the demandant is non-suited , or discontinueth , and brings another writ . . e. . a precipe quod reddat upon the ancient limitation against j. n. and w.s. before ascension , &c. and the writ abates after ascension , by the death of w. s. the demandant brings another precipe within the year , &c. against j. n. who said , that the land was given to his father , and to him , and to the said w. s. which is dead , and to the heirs of his father who died ; j. n. his heir within age , and praies his age ; the demandant demurrs upon this matter , he shall have advantage to oust the tenant of his age . because the possession is by purchasenotwithstanding that the fee be descended , . e. . a precipe brought within the year upon this branch of the statute , the tenant voucheth within the year , the demandant sayeth that the tenant is outlawed , he shall have advantage by this matter to oust him of the voucher , . e. . and the same law is it , that the vouchee is dead . because that voucher is in lieu of an action , and a man out-lawed shall not have an action . a precipe brought by one upon this article of the statute against tenant for life within a year , which made default after default , and he in the reversion , prayes to be received : the demandant saith that he entred upon the land pending the writ , the demandant shall not have advantage to oust him of the resceit . r. . and the same law by thorpe if the tenant surrender , pending the writ . a precipe by one within years upon this branch of the statute , the tenant vouches process continueth untill the sequat . &c. the demandant recoversagainst the tenant , and after brings a new precipe against the same tenant ; within the year , the tenant vouches the same vouchee again ; the demandant , nor the vouchee shall not have advantage to oust him of the voucher . e. . for the . seisin continueth , because he took not execution , and therefore the first warranty remains untill execution . a precipe by one upon this article of the statute within a year , &c. against two , one makes default after default , the other takes the entire tenancy , and praies the view , the demandant demurs , he shall have advantage to oust him of the view . because by the taking of the tenancy he had taken notice , &c. and the statute is , where a writ abates by non-tenure , misnaming of the village , &c. quod in modo brevi non erit visus concedendus : et quod concedatur visus , ubi visus est necessarius , &c. a precipe by him which was imprisoned tempore statuti , within six years , &c. upon the ancient limitation , the tenant vouches half a yeare before the end of the six years ; the vouchee casts a protection , and after the year of that the demandant sues a resummons , the vouchee comes and enters , the demandant shall not have advantage to declare upon the ancient limitation . because the six years are past by the depending of the protection . the twelfth lecture . vpon what verdicts given upon actions upon this limitation ; attaint shall lie , & e contra : and who shall have that , and upon what cause , & e contra . a man recovers by assise upon this limitation , and after is ousted by the defendant , and brings a redisseisin : and the jury findes for the defendant by false verdict , the plaintife shall not have an attaint . because it is in a manner but an enquest of office . a man leaseth for . yeares after ascention , &c. and after ousts the termor , and enfeoffeth i. n. who continueth seised untill the feoffor ousted him ; the feoffee brings an assise upon this limitation against the feoffor & the term or , and both plead nul tort : and the jury finds that the feoffor disseised the plaintife , and acquits the termor : the plaintife recovers , the termor shall lose his terme , and shall not have an attaint . because the pleading is a conclusion against him , to have the terme , and the jury found nothing against him . a man enfeoffed another upon condition without deed , and after enters for the condition broken after ascention , &c. the feoffee brought an assise , which is taken upon the point of the asseise , the jury found the seisin and disseisin , by which the feoffee recovers , the feoffor shall not have an attaint . because they were not bound to finde the condition where it was not pleaded . a man brought an assise against two years before ascention , &c. one pleads nul tort , which is found againsthim to the dammage of . li. which is excessive ; and the other pleads a forrein release , he shall have an attaint of the first verdict , to which he was not party . because he is privy to the originall , and charged with the dammages h. . . for the first iury shall tax dammages . a mordauncester upon this limitation , the jury findes for the demandant d. dammages , where the dammages are li. the demandant shall not have an attaint . and if in trespass they finde dammages li. which is not but . d. the deft . shall have an attaint ; but if they finde . s· dammages , where the dammage is . li . the plaintife shall not have an attaint ; quod nota differentiam , between the plaintife and defendant . because that he which shall render the dammages , if they are excessive , shall have an attaint ; but contrary of him which restraineth the dammages , and they are too little . and nota that the statute articulo . ii. saith , that a man shall have an attaint , and shallhave judgement and execution as heretofore , &c. which copulative refers , that he shall have it after the years , or after years . and by the words ascention , &c. nothing to the contrary , &c. because nothing is spoken to the contrary , but only the limitation of time , &c. a man recovers in an asseise upon the ancient limitation , and had dammages . li. which are excessive ; the plaintife releases his dammages , and hath judgement , and recovers , the defendant shall not have an attaint of the dammages . because he is not grieved . e. . . a mannor with a villain regardant is given to two , and to the heire of one , and the villain is found frank against them by an action tryed falsly ; he which had the fee dieth , and after the other dies , the heir of him which had the fee shall not have an attaint . because it was once survived to the other joynt tenant which cannot discend to the heir of the otherafter , e. . . because an estranger in blood . an asseise upon the new limitation ; the defendant joynt tenant by deed with a stranger which comes and joyneth , and maintaines the joynt-tenancy which is found against them by false verdict the defendant dieth ; the other which joyned and which was party to the issue shall not have an attaint ; because he is a stranger to the originall , but he may have an assise . a writ of entry in the nature of an assise upon the new limitation , against two which plead the generall issue ; the jury finde that one made the disseisin ad damnum li. and acquit the other ; whereas in verity none of them made any disseisin he which is found disseisor dieth , the other shall not have an attaint , and yet the verdict is false . because he is acquitted , and so not grieved , tit. brief fitz. . a man had issue a son , & his wife dies , he taketh another wife , and land is given to him , and to the heirs of his body upon his second wife engenderedby whom he had issue another son , & leeseth by false verdict after ascent , &c. and dieth , the heir to the entayl , shall not have an attaint . because that discends to the eldest son , and no mischiefe , because the youngest son may falsifie , the recovery h. . . in a precipe the tenant voucheth ; the vouchee enters and voucheth over one which enters & leeseth by false verdict ; the demandant had judgement and enters ; no execution in value is made over against the vouchee , and after the vouchee brings an attaint fourty years after , it lyeth well . because forasmuch as judgement and execution is had against the tenant , he may have in value at his pleasure , and yet if no execution had been against the tenant , no attaint shall lye . and yet it seemeth that by the judgement without the execution in an action personall , attaint lyeth contrary ; in an action reall fitz. tit. attaint n. . in a cessavit upon this new limitation brought by the bishop of l. the tenant pleads overt to his distress , the jury is charged therewith , and with the collusion , and the overture found against the tenant which is true , and as to the collusions that he had ceased by collusion , which is false : the demandant had judgement and enters , the lord parramont enters upon him for the mortmayn ; the demandant shall not have an attaint of the collusion . because that the enquiry of the collusion was but of office , and also it seemeth that the judgement is erroneous by reason of the collusion , &c. and therefore may have errour , tamen videtur that notwithstanding , that the judgement be erroneous ; yet if the verdict be false attaint lyeth , because the other cannot compell the party to bring a writ of errour . e. . . but it seemeth otherwise if the court be deceived in judgement . a mordancester upon the new limitation , the tenant said , that he himself is heir to the ancestor , and not the demandant , and so at issue . and upon that the tenant gives in evidence to the iury , that he was heir by the second wife of the same ancestor , because that the first wife by which the demandant is heir , was divorced , the iury found the demandant , heir notwithstanding the divorce , the tenant shall not have an attaint . because they are not bound to finde the divorce , for it is a spirituall record . certain observations out of law-books in print upon this statute . the first four branches of the statute use the word ( seisin ) indefinitely , and therefore if the statute had not gone farther , the word ( seisin ) should have been construed , secundum subjectam materiam : viz. sometimes for actual seisin , and sometimes for seisin in law . and therefore as to a writ of right mordancestor ayle , assise , &c. it shall be intended of an actuall seisin , and not of a seisin in law , so that the threefirst branches are to be intended of an actuall seisin . and the fourth branch concerning avowries extends to seisins in law as well as to seisins in fayt or actual seisins . but the words upon which farther doubt may arise are contained in the . branch of the said statute in these words , viz. if any person or persons do at any time sue any of the said actions , &c. or make any avowry , &c. and cannot prove that some of his ancestors or predecessors were in actuall possession or seison of the said lands , tenements , &c. within the time limited , &c. if that be traversed or denied by the plantiffe demandant , &c. that after such triall , the party and his heirs shall be barred to all such writs , actions , &c. upon which said words it was objected ; that whereas at the common law before this statute , a seisin in law was sufficient for avowries , yet now by the express words there must be an actual seisin , for that the words ( actual possession or seisin ) excludes a seisin in law ; and the rather for thatan actuall seisin is the sure badge of right . but it was resolved that a seisin in law was sufficient for an avowry within the intention of this act : for the intention of the act was only to limit a time within which , seisin ought to be had , and not to exclude any seisin which was a good seisin at the common law , as appeareth by the preamble of the statute : neither did the former statutes of limitations of westminster . cap. . or of w. . cap. & . exclude a seisin in law , or any seisin which was a sufficient seisin at the common law . also whereas the three first branches extend to actuall seisin only ; and the . branch extends as well to a seisin law as to an actuall seisin : and the sixth article speaks by words dis-junctive of actuall possession or seisin ) makes a distinction betwixt actuall possession , which referres to the three first branches , and seisin which referreth to the fourth branch , for that the words subsequent are ( in manner , and forme aforesaid . it was also resolved that this statutedoth not extend to such rent or service which by common possibility cannot happen or become due within years . as a signiory consisting upon homage and fealty only ; for that the tenant may live above years after that they were made : and so of casuall services , as to go to war with the lord , and the like of a formedon in discender , for that the tenant in taile may live years after discontinuance , and albeit that the tenant in taile do dye , so that the issue may bring his formedon within the time &c. yet that altreth not the case , but that the issue may bring his formedon in discender at any time , as it was adjudged in fitz williams case , dy. , and the same law is of homage and fealty and all other accidentall services ; or where there was an impossibility to have seisin within the limitation . and in this case of bevill it was agreed f. . a. that a writ esolvert , cessavit or rescous are not within this statute , for that in those writs the seisin as not traversable but the tenure ; and by those vvrits theland is demanded , and the demandant cannot alleadge any seisin &c. for he commeth to them in the post . and the statute extendeth only to such writs where a seisin may be alleadged , and h. . . that seisin shall not be alleadged in those writs ; for that the land is demanded by reason of the signiory , and not by reason of seisin of the land : and accordingly it is resolved , dy. . eliz. . if a man had been out of possession of land by years , yet if his entry be not taken away , he may enter and bring any action of his own possession , because the first clause doth not barr any right ; but prohibits that no person shall sue or maintain any writ of right or make any prescription &c , of the possession of his ancestor or predecessor , but only of the seisin of some of his ancestors within years , which doth not inhibit , but that if his entry be lawfull , and he doth enter , he may have an action of his own possession . and note that the . & . clauses of the statute extend only to seisin , ancestrall , and not to a writ of right of his own seisin . and the third branch extends only to actions of his own possession , and not to entries . the fourth to avowries , &c. and forasmuch as the services of homage & fealty are not within this statute , and that the seisin of rent , or other annuall service is a seisin of homage , and that likewise a seisin of homage or fealty is a seisin of all services annuall , or not annuall : that therefoee when the tenant hath done homage or fealty that shall be a seisin of all other services : as to avowrie which of right ought to be made , notwithstanding that the lord or any by whom he claimeth have had seisin within years . co. l. bevils case . nota by the opinion of the court , that in a writ of formedon in the reverter or remainder or a scire facias upon a fine of the like nature , the demandant need not alleadge in his writ , or declaration , any limitation by this statute , till within years after title : because that before this statute no limitation was mentioned in such writs , nor in aformedon in the discēder , but that is to come on the part of the tenant by traverse as in an avowry not seised of the services within the limitation dy. f. . in a replevin the defendant avowed for a rent charge reserved by deed upon a feoffment , viz. for the arrerages for years ; the defendant pleaded in bar , that neque the plaintife nor his ancestors , nec aliqui alii quorum statum , the plaintife , habuit in redditu predicto , were seised of the said rent within . years past : ante predictum tempus quo &c. upon which the avowant demurred . and it was resolved that the said statute of . h. . of limitations , extendeth only to such cases where a seisin ought to have been alleadged before the statute , and that was where seisin was so materiall that it should not be avoyded : albeit the seisin were gained by inchroachment , as of a rent betwixt lord and tenant . and not in case of a rent by reservation or graunt , for there the deed is the title , and no incroachment will hurt in that case and herewith accordeth plo. f. . in wood-lands case . and the avowant in his avowryneed not alleage seisin within years , but that shall come on the other part , cook l ▪ . f. . sir william fosters case . the said statute of doth not extend to copy-holders as to avowry or demanding of services , because the stat . is to be intended of free-holds only betwixt very lord and very tenant . it was resolved in the lord comptons case & eliz. rot. . that a formedon in discender was out of the statute . it seemeth that the said statute of limitations is not only for to limit the time of writs , but to cut off and extinguish the right , for that stamf. prerog. reg. . citeth bracton & britton , which say that if the king had right to any lands , and had surceased his time so long that it exceeded the time of limitation , in a writ of right his highness had therby lost his right for ever . the prescription which a copy-holder is not in himself , or of the seisin of his ancestors but in the lord and so outof the words of the statute ; and the like law is of a prescription by the inhabitants of a town . the lord doth neither seise nor claim his villain , nor his issues within years ; so that a nativo habendo doth not lie against the issue of the villain , because of the said stat. of of limitations : whether may the lord seise or not ? and it seemeth that he cannot , because it is in favorem libertatis . the seisin of the donee was never traversable , nor intended to be within the ancient statutes of limitations : for the formedon was given after the making of the statute of westminster the first years , but welsh doubted hereof , dy. f. . s. . . cook in his comment upon littleton f. . b. saith that limitation as it is taken in law , is a certain time prescribed by statute ; within the which the demandant in the action must prove himself or some of his ancestors seised . and that in ancient time , the limitation in a writ of right was from the time of h. . and was therefore alleaged tobe tempore h. senioris . afterwards by the statute of merton , the limitation was from the time of henry the second , and by the statute of westminster . the limitation was from the time of r. . which is the limitation that littleton speaketh of in his booke of tenures . and from the statute of . h. . aforesaid , doth not extend to a formedon in discender , nor to the services of escuage , homage , & fealty , nor to any other service , which by common possibility may not be due within years , as to cover the lords hall ; nor where the seisin is not traversable or issuable ; nor any rent created by deed , or reserved upon a particular estate ; nor to any writ of right , of advowson , quare imp . or assise of darrain presentment ; or any writ of right , of ward , or ravishment of ward , &c. but they are left as they were before the said stat . of . finis . notes, typically marginal, from the original text notes for div a e- droitures auncestres ▪ . yeares . droiturel possory . yeares . actions possessory , . yeares . avowries , . yeares . notes for div a e- writ of right . assesse nuper obiit . mardancester , cosinage nativo habendo , writ of entry . avowries . assise . writ of entrey . mardancester . nativo habendo . the forme of writs and declaration since this statute notes for div a e- cont. cok. li . , fo. . &c. in dowdals case with a difference . id . coke li . . l. . notes for div a e- the eight article of the statute . notes for div a e- cook l. . bevils case f. . &c. object . sol. . a discourse of the rise & power of parliaments, of law's, of courts of judicature, of liberty, property, and religion, of the interest of england in reference to the desines of france, of taxes and of trade in a letter from a gentleman in the country to a member in parliament. sheridan, thomas, -ca. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse of the rise & power of parliaments, of law's, of courts of judicature, of liberty, property, and religion, of the interest of england in reference to the desines of france, of taxes and of trade in a letter from a gentleman in the country to a member in parliament. sheridan, thomas, -ca. . [ ], - , [ ] p. s.n.], [london : . attributed to thomas sheridan. cf. halkett & laing ( nd ed.). pages and tightly bound in filmed copy. pages - photographed from cambridge university copy and inserted at end. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. courts -- england. taxation -- england. great britain -- politics and government -- - . france -- foreign relations -- great britain. great britain -- foreign relations -- france. great britain -- economic policy. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse of the rise & power of parliaments , of law 's , of courts of iudicature , of liberty , property , and religion , of the interest of england in reference to the desines of france ; of taxes and of trade . in a letter from a gentleman in the country to a member ●n parliament . salus populi suprema lex esto . printed in the year . the following preface newly writ by the book-seller's friend . whoever buyes this tract , will do a small kindness to the bookseller ; but he that reads it , will do a greater to himself . the title alone is a temptation to invite one to look into it , in this time of disorder ; but , if wit and learning , reason and piety , the knowlege of men and deep consideration of goverment signifie any thing , the discourse is a perfect snare to captivate the reader . and it hath one advantage peculiar to it self to detain him , that he will meet with many things there , which no man ever writ or perhaps thought on before . the novelty alone will gratifie the men of pleasure and curiosity ; and as for the grave and the wise , that chain of reason , and good nature which runs through it , will make them scratch and think twice , before they condemn it . it was written to a member of the last parliament about christmas last was twelve-month , and since that time has crept abroad into the world , and is now made more publick , as well for the general , as the book-seller's particular good . but a great chang of affairs happning in this interval , 't is fit to acquaint you , that the author never dream't of the horrid plot , which has bin lately discover'd , when he pleaded for toleration to honest and peaceable dissenters . he measur'd other persons by his own candid temper , and did not think there cou'd be found a sect of men , who wou'd endevor the advancement of their religion by shedding the blood of their prince , in an age , when rebellious principles and their abettors , have receiv'd such confutations , as they have in this , both by god and man. but truth doth not vary with time , how much soever some persons may abuse it . i cannot persuade my self , but that liberty of conscience is a natural right , which all men bring with them into the world ; for we must all give an account of our selves to god , and stand or fall by our own faith and practice , and not by the religion of the state or countrey where we happen to be dropt . 't is impossible for men to believe what they list , or what others wou'd have them , tho it shou'd be beaten into their heads with beetles . persecution makes some men obstinate , and some men hypocrites ; but evidence only governs our under standings , and that has the prerogative to govern our actions . the design of christianity is to make men happy in the other world ; and in order thereunto , it teaches them to regulate their passions , and behave themselves with all sobriety , righteousness and piety in this . the doctrines whereby this is enforc'd , are so few and so plainly deliver'd , that they are at this day acknowledg'd by all the several sorts of christians that make a number , or are fit to be consider'd under a name in the world. for how many are there , who do not profess the apostles creed ? which was the old rule and measure of christian faith , unalterable , unreformable , from which nothing ought to be taken , to which nothing need to be added ; as irenoeus and tertullian declare . and if men wou'd be persuaded to preserve these ancient boundaries of christianity inviolate , and suffer the primitive simplicity to be restor'd ; the great occasion of squabble and contention wou'd be cut off ; and they wou'd not dispute for ever , about a lock of wooll , or the knots of a bulrush ; but instead of being extremely learned in trisles , and extremely zealous for moonshine , they wou'd grow kind and charitable and lay aside their unreasonable censures of one another . aquinas and bellarmine , and the synopsis purioris theologiae , wou'd not be studied so much , but the sermon on the mount a great deal more ; and upon casting up the account , it wou'd be found , that what we lost in subtilty thereby , we shou'd gain in religion . st. hilary , the famous bishop of poictiers , has an excellent saying to this purpose , non per difficiles nos deus ad beatam vitam quaestiones vocat , nec multiplici eloquentis facundiae genere solicitat ; in absoluto nobis & facili est aeternitas ; iesum suscitanum à mortuis per deum credere , et ipsum esse dominum confiteri . god doth not call us to heaven by understanding abstruse and difficult questions , nor invite us by the power of eloquence and rhetorical discourses ; but the way to eternal happiness is plain , easy , and unintricate ; to believe that god rais'd up iesus from the dead , and to confess him to be the lord of all . the sense of this will soften the minds of men , and dispose them to mutual compliances and forbearances ; and then we shall not think it needful , by severities and penalties , to compel others to go to heaven , in our way , with great uneasiness , when we are resolv'd , they may with safety and pleasure get thither in their own . upon these grounds , the wisest emperors in christendom have allow'd liberty to dissenters , as theodosius did to the novatians , who had separate churches at constantinople , and bishops of their own persuasion to govern them , and enjoy'd all the priviledges of catholic christians . and the opinion of king iames sent to cardinal perron in the words of isaac casaubon , will be remembred to his honor , whilst his name shall be known in the world , as the best rosolution which was ever given of this question . rex arbitratur rerum ad salutem necessariarum non magnum esse numerum , quare existimet ejus mojestas nullam ad ineundam concordiam breviorem viam fore , quàm si diligenter separentur necessaria à non necessariis , & ut de necessariis conveniat omnis opera insumatur , in non necessariis , libertati christianae locus detur . the king is persuaded , that there is no great number of things necessary to salvation ; wherefore his majesty believes there will not be met with a shorter way to peace , than that distinction be carefully made , between necessary things , and those that are not so ; and that all pains be taken for agreement in necessaries , but that allowance be granted for christian liberty in those things that are not necessary . this is not a demand which has been only made of late , since the christian name has been so scandalously divided as it is at this day ; but 't is that which the primitive christians pleaded for as their right and due , that they ought to be tolerated , though they were mistaken , so long as they were peaceable . to this end tertullian made an address to scapula , the governor of africa , and tells him , humani juris & naturalis est potestatis unicuique quod putaverit colere , nec alii obest aut prodest alterius religio . sed nec religionis est cogere religionem , quae sponte suscipi debeat non vi . cum & hostiae ab animo libenti expostulentur . ita etsi nos compuleritis ad sacrificandum , nihil praestabitis diis vestris ; ab invitis enim sacrificia non desiderabantur , nisi contentiosi sint ; contentiosus autem deus non est . it is the right of mankind and a natural privilege to worship according to what he believes . one man's religion doth neither good nor harm to another ; 't is no part of any one's religion to compel another man to be of the same with him , which ought to be undertaken freely , not by compulsion , even as the sacrifices are required to be offered with a willing mind ; and therefore tho you compel us to sacrifice , you will do no service to your own gods : for they desire no offerings from the unwilling , unless they be quarrelsome ; but god is not contentious . lactantius has spent a whole chapter to shew the unreasonableness of persecuting men for religion , and that violence is an incompetent argument to propagate truth . st. chrysostome makes it a mark of heresie , and argues thus ; doth the sheep persecute the wolf ? no , but the wolf does the sheep . so cain persecuted abel , not abel cain . ismael persecuted isaac , not isaac ismael . so the iews persecuted christ , not christ the iews ; so the heretics do to the orthodox , not the orthodox to the heretics ; therefore by their fruits you shall know them . the truth is , the persecuting practice was first introduc'd among the christians by the fiery and turbulent spirits of the arrian heretics , who had corrupted the emperor constantius , and brought him to their party , and then made use of this power to confute the catholic bishops and their adherents , by banishment , imprisonment and confiscation of goods . against which unworthy proceeding , athanasius inveighs with great reason , and vehemence , as a preparation for the coming of antichrist . but when this poison was once cast into the church , 't was but a short time before the sounder and sincerer part of christians was infected with it ; and as their interest grew at court , so they made use of it , to basfle their adversaries , and retort their own arguments upon them ; obtaining lawes to be made against several heretics , with very severe penalties , the loss of goods , of liberty , the power of making a will , and in some cases , the loss of life . which law 's are yet upon record in both the codes of iustinian and theodosius . but tho by this means they prevail'd at last to suppress the heresies which troubled the church , yet the best and wisest men amongst them disapprov'd the expedient , and thought it unreasonable , to purchase the establishment of truth , by ●uch rigours and by the shedding of blood . the first instance which i remember of any capital sentence formally pronounc'd against any dissenters , was against priscillian and some of his followers ; but then st. martin the bishop of tours interceded with all his might to hinder the proceeding ; and sulpitius severus gives an ill character of the fact , when he sayes , homines luce indignissimi , pessimo exemplo necati , aut exiliis necati . 't was of ill example and a scandal to christianity , that they were banish'd or put to death , tho they did not deserve to live . and when a band of soldiers was sent to suppress a conventicle of the donatists ( who were very numerous and extremely trouble some in africa . ) and bring them to church ; parmenian objected the armatum militem , and the operarios unitatis , to the catholics , as an unseemly and an unworthy practice . and it cost optatus a great deal of pains , to write almost a whole book to wipe off the imputation ; which he could not do , but by denying the fact as a calumny , whereof the catholics were not guilty , and disagreeable to the doctrines of their meek and peaceable master . st. austin has declared his opinion how the manichees were to be treated in such favourable and gentle words , as shew he was not pleased with the law in force against them . cod. iust. l. tit. . de haereticis : leg . manichaeos : illi in vos saeviant qui nesciunt , quo cum labore verum inveniatur , &c. let them be rigorous against you , that do not understand what pains is requir'd in the discovery of truth ; and with what difficulty errors are avoided : let them be severe against you , that know not , how rare and hard a thing it is to conquer carnal representations by the serenity of a devout mind . let them rage against you , that are ignorant with what labor the eye of the inward man is cur'd , that it may be able to behold its own sun ; let them be cruel towards you , that know not what sighs and groans are necessary to the understanding of god in any degree : in fine , let them be angry with you that are free from all such mistakes as they see you deceiv'd with . but for my self , i can in no wise be severe against you , for i ought to bear with you as with my self , who was once one of you ; and treat you with that patience and meekness as was shewn to me by my neighbours , when i was furiously and blindly engag'd in your erronious doctrines . salvian a priest , and as some think a bishop of marselles , has manifested the like candor and meekness towards the arrians . haeretici sunt , sed non scientes : denique apud nos sunt haeretici , apud se non sunt &c. they are heretics , but they are ignorantly so ; they are heretics in our esteem , but they do not think themselves so ; nay , they so firmly believe themselves catholics , that they defame us with the title of heresy . what they are to us , the same we are to them ; we are certain they injure the divine generation , by saying the son is inferior to the father ; they think us injurious to the father , because we believe them equal ; the honor of god is on our side , but they believe it on theirs : they are undutiful , but they think this the great office of religion ; they are ungodly , but this they believe is true godliness ; they err therefore , but they err with an honest good mind , not out of hatred but affection to god beleeving that they both love and honor the lord. altho they want a right faith , yet they are of opinion . that this is the perfect love of god ; and none but the iudge can tell how they are to be punish'd , for the mistake of their false doctrine in the day of iudgment . this was the soft and charitable spirit which breath'd in those eminent defenders of christianity , who were so zealous for their religion , as to suffer for it themselvs ; but not so furious as to make others suffer to promote it . they had another method of propagating the truth ; in meekness instructing those that oppose themselvs . for indeed the only proper punishment of the erronious , is to be taught . having discours'd thus far concerning indulgence towards dissenters ; i. e. for charity , righteousness and peace ; and that every one has a right , by the great charter of nature , to make the best provision he can for his own happiness ; i foresee the envy to which this way of reasoning will be expos'd ; as if it open'd a gate to . all sorts of sects and foolish opiniators , even to atheists themselvs ; and stript the magistrate of that power , whereby he is enabled to attain the end of government , that the people under him , may lead quiet and peaceable lives , in all godliness and honesty . i know so much of human nature , and the extravagant follies of mankind left to the conduct of their own passions , that these wou'd be the certain consequences of unlimited liberty to all persons ; and therefore i plead not for it . my notion of liberty precludes all the inconveniences in this objection . 't is not a natural law which is unchangable , but a natural right only for a man to chuse what religion he will profess . and there is no right of nature , which i know of , but what is limitable to the public good , and forfeitable by the abuse of it . a man may forfeit the right which he has to life , which he holds by nature , as well as to his estate , which he holds by law. an atheist , a murderer , &c. may as justly be kill'd as a viper , or a wolf , or any other noxious animals ; because they have don irreparable mischief to the commonwealth already , and to prevent doing more for the time to come . the natures of such persons are greatly degenerated , and t is but reasonable , that they who have lost the common virtues , shou'd likewise lose the privileges of mankind : and i judge the like concerning the liberty which every man has to inquire into the truth of several systems of religion , and publicly to maintain that which appears to him establish●t upon the surest foundations . when t is apparent , that religion it self is damnified , the safety of the government endangered , and the peace of the common-wealth broken by any sort of doctrines , the persons professing those doctrines have forfeited their natural freedom , and ought to be restrain'd . accordingly , first , no man is to be allow●d to publish impieties which evidently tend to the dishonor of god and wicked life ; as , that god doth not take care of the affairs of this world ; and , that there are no rewards and punishments in the other ; that there is an indifferency in human actions , and no good or evil antecedently to the civil constitution , &c. for the truth in these cases is so plain by the light of nature , and by the manifold discoveries which god hath made , that no man who seeks for it with an honest mind , but may discern it ; and accordingly errors of this nature are not to be ascrib'd to weakness of iudgment , which is to be pitied , but consider'd as proceeding from malicious principles , and tending to base ends , and so are punishable as corruptions in manners . this sort of men indeed are not within the limits of this question , for they have no conscience , and therefore can challenge no privilege from it ; and no goverment can have security from men of no conscience ; and therefore cannot be blam'd , if it do not protect them . and , seeing they oppose the consent of mankind in such momentous affairs , why shou'd they not forfeit the benefit of human society ? and if the sword were oftner drawn and sharpn'd against them , it might possibly reconcile some persons to the authority , who are now no great friends to it , nor altogether of st. paul's mind , that the minister of god bears not the sword in vain , but is a punisher of evil doers , and a praise to them that do well . secondly , no man can claim any right to freedom , whose doctrines tend to the destruction of government in general , or the dissolution of that which is establisht . for the benefits of goverment are so great , ( tho like those of health , they are not so sensibly discern'd by any thing so much as by their absence ) that all mankind have bin contented to purchase them , by parting with somthing out of every ones stock , to maintain a common arbitrator of differences , and a common defence from injuries . and the alterations of any particular form , or the removal of any particular person , in whom the government is fix'd , is always attended with so many certain inconveniencies , and , if with any , such uncertain advantages , that ordinary prudence ought not to trust such persons whose religion leads them to anarchy or to change. nay , submission to goverment is so incorporated into all religions of the world , natural , pagan , iewish and christian , that 't is impossible any one can reconcile religion with the opposition to the present government : therefore all such doctrines as these , that dominion is founded in grace ; that 't is lawful to depose heretical princes , or vindicate the true religion by the sword ; that an idolatrous king may be cut off ; that the original of power is in the people , and upon male administration and tyrannical government , they may resume their first grant ; are to be discountenanc'd in every common-wealth , and the abettors of them to be restrain'd and punisb't ; unless the rebels of england have some peculiar privilege ; and they that ought to be hang'd in every other nation under heaven , have a particular charter to be indulg'd as the godly party here . thirdly , he that will not allow the same liberty which he asks , destroys the right to his own demands ; he is of a narrow persecuting spirit ; in love with his own dear self , proud , conceited , and an enemy to the rest of the world. for , i pray , are we not all equal by nature , have you more of the image of god , or a less share of original sin than i ? you tell me , that i am an idolater ; and cannot i say , that you are a heretick ? you are certain , if god's word be true , and the spirit of god do not deceive , you are in the right ; i say you are very confident , and solomon tells us , the fool rageth and is confident . i took not up my religion upon trust , i have read the bible and the ancient writers , the most indifferent arbitrators of differences in religion ; i have consulted the wisest men , and heard all parties speak ; i have pray'd to god for his assistance , that he wou'd guide me into all truth , and i verily think god has answer'd my prayers ; and 't is you , not i , that are in the mistake : but because there may be no contention between us , i am contented to compromise the quarrel , and we will dwell together charitably with united affections , tho with different iudgments . but you cannot in conscience accept of this fair offer ; you have a command to the contrary : come out from among them and i will receive you ; be not unequally yoaked with unbelievers : have no fellowship with the unfruitful works of darkness , but rather reprove them . you have a promise to depend on , and you look up to god to perform it . behold , i will make them of the synagogue of satan , which say they are iews , and are not , for they lye ; i will make them to come and worship before thy feet , and know that i have loved thee . well sir , i am sorry my tender of peace is so scornfully rejected , upon the misapplication of such texts of scripture , as equally and indifferently serve all parties , or are nothing to the present purpose ; you must not be angry , if i strike the first blow , rather than suffer you to take your own opportunity to knock me o th head . when the cause comes to be tryed , before equal umpires , you will be judg'd out of your own mouth , that challeng'd liberty , which you wou'd not grant : for you have transgrest the great rule of righteousness , not to do to others , what you wou'd have done unto your self . upon these terms , the pretences to liberty are destroy'd . but if the wisdom of any state shall confine their indulgencies to pious , obedient , and charitable dissenters , i cannot perceive the prejudice , which difference in speculations and disputable points can do in religion , or the power of the magistrate . but at the same time i cannot but admire the admirable temper and moderation which is shew'n in the church and goverment of england ; that requires nothing necessary to salvation , but the acknowlegement of the ancient creeds ; that teaches nothing , but what is pious and charitable ; whose lyturgy is grave , wise and holy ; whose rites are few and material ; whose laws are full of candor and compliance , allowing freedom to any five dissenters together to worship god , in their own way : whose true sons and subjects , are the greatest favorers of christian liberty , which are in the world ; and i pray god , to give all people that disown it , wisdom to understand it . the publisher to the reader . having , i must own , not without pleasure , read the following papers ; and believing they might in several instances ( i do not say all ) give som satisfaction to others , and contribute to the public good , for which , i perswade my self , even those notions that seem most od and impracticable , were intended ; i resolved to make them public ; but was check't again , by calling to mind , that he from whom i in some sort extorted them , oblig'd me not to discover him : nevertheless , considering i might do the one without the other , i pursued my former resolutions ; yet taking this further care , that even the printer should not know from whence they came . and now let me tell you , whatever you shall think of this discourse , 't is the issu of a sober brain , tho perhaps a little too much inclin'd to humor , and rigid vertu ; and not so agreeable or smooth , as you would have had it , if my friend had dressed it for the eyes of any other besides my self , to whom he sent it sheet by sheet ; and having writ it in less than eight of the last holy-dayes , you may believe , had i allowed more time , it would have come , even to me , reviewed . as it is , i make it yours ; and assure you , what ever censure you pass upon him or me , we shall both be unconcern'd : as complesance made it mine , so a good intention , of serving my country , makes it yours . for my self , i do not aim at being richer or greater ; the patrimony left me , satisfyed and invited my unambitious mind , to the retirements of a privat life ; which i have made easie by innocent recreations , company , and books : it was not my own seeking , that i am now plac'd in a more public station ; wherein , tho perhaps i have done no good , yet , i am pleas'd , i never did any hurt ; having alwayes pursu'd , without passion or interest , what ever my conscience ( the best rule and severest iudge of men's actions ) convinced me was best . as to my friend , he is one has read some books , and more men ; thanks god he is , that , which the world calls a fool , a good-natur'd man , one that heartily loves all mankind ; and has so particular a zeal for the good of his country , that i believe he would sacrifice his life to serve it . but almost despairing , that ever things will be better than they are ; and finding , by what he has seen abroad , that a man may live more happily in england , than in any part of europe ; and now grown old , by temper , more than years , he has resolv'd , chiefly to mind himself ; whom , to enjoy more fully , he has bid adieu to all thoughts of business ; to which , having never been bred by any calling , he has had the more opportunities of considering all , of improving himself , and observing most sorts of men ; and , as a speculative philosopher , to the entertainment of himself and friends , he passes very free remarks on all actions and things he judges amiss ; and , being byass'd by no manner of interest , i am perswaded he speaks his conscience : and he has the good fortune , to make others often conclude , he do's not only speak a great deal of truth ; but also further satisfies them , that it is much easier to find faults , than mend them ; that there ever were , and ever will be , disorders in all human societies ; that there are fewer in that of england , than in any other , and that they are there more curable . thus much i thought fit to tell you , to prevent any misapprehensions concerning the persons who are the occasion of this trouble , or diversion , call it what you please . the contents . . state affairs not fit to be discoursed by privat men . page . of the rise of parliaments . . origin of government , with a brief account of laws , revenues , trade , and natural religion . . a new method of electing members , objections against this present parliament , and their answers . . of lawes , &c. . of better restraint of offences than punishment by death . . of courts of iudicature . . of liberty , property , and religion . . differences in the last nor hurtful nor restrainable . . how toleration may be safely granted . . how to prevent divisions among christians , and to make all really not nominaly such . . to regulate and reform the abuses of the press ; the inconveniencies of printing as now managed . . the intrest of england in reference to france . . reasons why the king did not declare war against that crown . . the king's care of ireland to prevent french designs . . of an union between england and ireland , or the repealing poynings act. . of taxes to make them great and perpetual , most for the peoples ease and common good . . that l. formerly was in real value equivalent to l. now , and in use to l. with the reasons of the disparity . . the dangers of not perpetuating , apportioning and applying the revenue to the particular charge and uses of the crown or state , and the advantage of doing so . . the objections against perpetuating the revenue , considered and removed . . that french or any other commodities are better restrained by height of duty , than absolute prohibition . . several taxes considered , excise , hearth-mony &c. . a tax upon new buildings , a pole-mony , and how to secure it against frauds . . a tax upon unmarried people . . of trade , of the value of labour , how the people and riches may be encreased , &c. . that forreigners are to be invited , and how . many other things for advance of trade , as registries or their equivalent on practisers of fraud ; how work-houses may be erected , all poor and beggars provided for , and a nursery for an army either for land or sea-service to be suddenly raised on any emergency , without grievance or pressing of the people &c. errata . in the title page for ( member in ) read member of . p. . to the reader , read unfashionable rigid virtue . p. . l. . r. extravagance . p. . l. . r. destructive . p. . l. . for ( and policy ) r. or policy . ibid. l. . r. as head . p. . l. . r. actual summons . p. . l. . r. arising . p. . l. . r. end. ibid. l. . for ( clearer ) r. cleaner . p. . l. . r. a red sea. p. . l. . r. sacrament . p. . l. . r. have slay'd . p. . l. . dele , til , they ; p. . l. . r. finesso . p. . l. . for ( unequal ) r. uneasy . p. . l. . r. poynings . p. . l. . r. claim a greater . p. . last l. for ( make ) r. may . p. . l. last , r. haver . p. . l. . r. brewers only . p. . l. . r. but also . p. . l. . r. twice stronger . p. . l. . r. many many . p. . l. . r. shal not be . p. . l. . r. representative . p. . l. . r. bettor . the introduction . sir , had you only commanded me to have given you an account of the laws and customs of another utopia , an isle of pines , or of o. brazil , ( tho unfit even for such a task ) i wou'd not have disputed it : but finding you have impos'd upon me , who am neither states-man nor merchant , a necessity of playing the fool , by treating of englana's policies and trade ; i confess i cou'd not without great reluctance comply with so severe an injunction . i have always been averse to discourses of this kind ; which in privat men are no farther tolerable , than as idle philosophers , to pass away their vacant hours in such otherwise useless speculations ; and in them too , i have heard 'um oftner condemn'd than commended , the authors esteemed foolish , and impertinent , troublesom or dangerous ; and som we know by indulging themselves too much in this vanity , have straitned , if not wholly lost their liberty and fortunes . we live not in plato's commonwealth , but in foece romuli , where a ful reformation of laws and manners , seems only to be wish'd , not to be obtain'd without a miracle . why then shou'd any , especially the unconcern'd , busy their heads with what they cannot mend ? 't is much more pleasant and safer far , to let the world take its course , to believe that in the regular , stated , motion of nature , things are so order'd by divine providence , that they wil not , cannot , suffer themselves to be il manag'd . nature , if we hearkn'd to her dictates , as well as religion ( which we equally despise ) would convince us , it were our duty ( i am certain it wou'd be our interest , our happiness even in this life ) to submit quietly to the powers above , and their ordinances , because all powers are of god. thus i acknowledge every privat man ought to think and do ; but public persons , that is to say , law-makers are to consider they were born not only for themselves , but for the good of others , and therefore are oblig'd to exert that power with which they are intrusted , for the joint common good of the people , without partial regards or privat ends . if they wou'd sincerely mind this ; and if our hot-braind state-mountebanks , who being but privat men , yet quarrel at every thing that is not conformable to the capricio's of their own wild fancies , wou'd cease to intermedddle in their superiors province , england might be the happpiest kingdom of the world ; whereas the contrary practise rendred her not long fince the seat of civil wars , tyranny and confusion , and has at present so filled her with murmurings , and repinings , iealousies , and fears , that she which formerly gave law to others , and was a terror to more than europe , is now in danger , to become weak and contemptible in the eys and opinions of her neighbors . these , and such like , were the considerations , that made me so long resist your command ; to which i had never yielded , but to prevent the loss of your friendship , with which you so solemly threatn'd me in your last . take then in the same order you prescribe , the best account i am able in so short a time to give to your several following particulars of the rise and power of parliaments , of laws ; courts of iudicature ; of liberty , property and religion ; of the interest of england in reference to the desines of france ; of taxes and of trade . but you are to observe , that what i write is with as much liberty , and little care , as people discourse in coffee houses , where we hear the state-affairs of all nations adjusted , and from thence guess at the humor of the people and at the times . in this therefore , you are not to expect , any studied phrases , or elaborat connexions , close neat transitions , &c. your servant ( whom i conjure you by the strictest ties of friendship , not to discover ) has neither will , nor leisure for such a work , which being intended only for your closet , you may be content to take in a plain english dress . the great and many revolutions and changes , which in all places have attended human affairs ; and the particular inundations of the romans , saxons , danes , and normans , into this kingdom ; together , with the ignorance and carelesness of former ages , have left us , in so much darkness and uncertainty , that i think it not only difficult , but morally impossible , to trace out exactly the beginnings of things . if it be so then in all affairs , we may cease to wonder , why men are so much at a loss , in their enquiries into , and debates of the present matter , viz. of the rise and power of parliaments ; which has received very different formes and shapes , according to the interest and power of the several contending parties ; this makes me think , its tru face can never be fully discover'd , tho perhaps it may be uncertainly guess'd at , by som lines , saint shadows , and stronger probalities gather'd from the scatter'd memoires of monks , who cannot well be suppos'd impartial , especially in ecclesiastical , nor full in the relations of state-affairs ; in the accounts of which they did not hold themselves concern'd : but yet they are the best guides we have ; for from the ancient rolls in the tower , one cannot believe , there was any exact diary of things ; or if he do , must conclude , many are spoyl'd by the injury of time , omitted thro negligence , or made away for privat ends. however we may yet pick out of both this truth , that tho the rise of parliaments , like the head of nilus , be unknown , yet they have bin of long standing and of great power . and we shall find it reasonable they shou'd be so , if we look back into the grounds and origin of goverment ; which we may suppose to have bin introduc'd by the general consent and agreement of as many families , as upon the encrease of mankind , joyned in one common society , divided the earth into particular proportions , and distinguished between meum and tuum ; to this they were induced by love , not fear , which is but the consequent of that , reason convincing that the enjoyments of life were thus best serv'd and promoted . and because that being and well-being , cou'd not be continued or enjoyed , but by the society of women , and the products of labor ; and that , if some wou'd be idle , and many covet the same woman , the great desine of nature , happiness , founded on living well , and in peace , might be perverted into the state of misery , war ; to prevent the two necessary consequences , poverty and death , they entred into mutual compacts , articles , or laws , agreeable to that great and fundamental law of nature , rivited into their beings , to do as they wou'd be done unto ; that is , they resolv'd , agreed , and promis'd one another , to be guided by the rules of reason ; or , which is one and the same , to continu men. but , because it was probable , som yielding too much to their passions , might swerve from this great rule , and so , wrong others as well as themselves ; therefore , that no man might be iudge and party , they unanimously confirmed to the elder person , the continuance of that right , which nature had given him over the fruit of his loynes during its minority , to determin what ever differences shou'd happen ; believing him , as the common father of the family , to be most impartial , and as the longer experienced , the wisest man. this power , tho great , exceeded not the limits of their then-enacted laws , in their tru and natural meaning , which they took care to make very few and plain , that all disputes and intricacies ( not only the disturbers , but destroyers , of iustice ) might be avoided . and finding they were not only lyable to danger at home , but from abroad ; from such other societies , as had already , or might afterwards set up for themselves ; and that it was not possible for all , to watch against these dangers , they therefore resolv'd to put that care into the hands of one man ; ( for which great undertaking , the coward , as the fool , if those two really differ , were equally unfit , inconsideration in the one , being what fear is in the other , ( a betraying of the succors which reason offers ) nature then , by giving their iudge most authority , wisdom , and conduct , which with tru courage ( the effect also in a great measure , of experience ) are the great qualifications of a general , desin'd him for that honor ; which the people readily confirm'd , promising obedience , and investing him with the power of making war and peace : but ( at his instance ) reserving to themselves , the liberty of examining and approving the reasons : which the great and wise captain judg'd convenient ; knowing , without the consent of all , he cou'd not but want the assistance of som , which might dis-able him to defend himself or them ; whereupon , the ruin of the whole must inevitably follow . and , because the prince his whole time must be employed in this great work ; part of which , was the preparing his son for the succession , by instilling into him the necessary seeds , the principles of vertu , religion , wisdom , courage , munificence , and iustice : the people willingly agree'd to entail upon him , and his successors , a certain excisum , or proportion of every man's labor , answerable to the occasions of the public ; and to the particular state and grandeur , necessary for the support and maintenance of his authority and reputation . but because a greater proportion was needful for extraordinary accidents , as of war , &c. they set apart annually another quota , to remain for such uses in a kind of public bank , so to be order'd , as might greatly increase their common treasure , and do good to the poorer sort of laborers and trades-men , and maintain in hospitals , such impotents or aged persons , as shoud be disabled , to make provisions for themselves . the revenu they made great enoff , as wel as certain , that the prince might not ly under any necessity of contriving from time to time , new artifices and wayes of raising money , that great rock of offence , on which they foresaw no prince could stumble without vexation , animosities , and hatred ; not only discomposing the happiness , but occasioning the overthrow of any state. and so the people , being sure of the remainder , they proportion'd their expence to their gettings ; the former they moderated , not only by prudent sumptuary laws , but by the hazard of their reputations , esteeming it infamous , not to lay up yearly somthing of their labors ; by which course , the public taxes became easie . which they made perpetual , that their children shoud be under a necessity of following their examples of thrist , and so might likewise be insensible of the burden ; fore-seeing that taxes impos'd upon people , who are so far from saving ought , that they account themselves good husbands , if they do but yearly make both ends meet , beget il blood , murmuring and discontent ; crying , that the bread is taken out of their mouths , or the cloths from their backs , which are often followed by the evil consequences of rebellions , and the subversion of the common - wealth . for such never consider , that their own extravance made those imaginary needs ; which , when they happen , are no otherwise to be removed , but by moderating former expences . thus , they wisely contriv'd , and interwove the perpetuating the subjects safety , and the princes dominion ; never secure , but when founded on mutual love and confidence : i do not find the practice of this policy any where so wel continued , as in the states of venice and holland ; which has preserved the first about centuries , and made the later increase so prodigiously in less than one . now , because they foresaw , the products of their labor wou'd exceed their expences , and that the remainder wou'd be useful , for commutations with their neighbor for som of their commodities , but that in driving this trade they wou'd be exposed on sea to pyracies , &c. to make their navigation safe , they agreed , that the public for securing them , shoud receive by way of praemium or insurance , a certain excisum out of all things exported or imported , which we now cal customes . and , lest the too great desire of wealth , shou'd make them forgetful of their duty to god , their parents , and their country , that is to one another , they ordain'd , that a sufficient number of the elders of the people , grave , sober , discreet persons , shou'd at certain times , set apart for that purpose , remind them of their duty , in every of those particulars , and also instruct their children in the laws of god , and of their country . and , because the tending of this work wou'd take up a considerable portion of their time , they allowed salaries to these public officers , out of the common stock . in those days of innocence , when art was not interwoven with religion , nor knavery with policy , it was an easy matter to be pious and just : and if the higher powers were pleas'd to remove these two , we shou'd soon again see that golden age ; the duty of both tables was comprised in few articles , that to their neighbors , consisted as now , in doing as you would be don unto ; that towards god , ( of whose being they were convinced by the strongest of demonstations , the consideration of the visible things of the world , ) in thanksgivings , and adorations , the effect of gratitude to the author of their being , and of all good things , in believing the immortality of the soul , and of its being susceptible of rewards , and punishments in another life , and in the consequence , that sin is to be repented of . these were their common sentiments , the dictates of nature ; the substance of which was acknowledg'd by al , even the most barbarous of nations ; and therefore cou'd not be the inventions of policy , the dreams of melancholy men , or the effects of education : these are the opinions of the unthinking , and therefore wild and loose , and were the wishes formerly of the few debauch'd ; but the great , sober and wise philosophers of all ages , upon the exactest scrutiny , finding them to be the impresses of nature , as essential to our being as light to the sun , pronounced the speculative atheist an impossible thing . and because they were sencible that a lyer as destrustive of the very being of human society , ought to be banished the commonwealth , the first of their laws , and the cement of the rest was , that every man shou'd not only speak truth to his neighbor , but stand firm to his promises . and knowing that laws , tho never so good , wou'd prove insignificant , if not duly observed ; and that som men wou'd never be wise , that is , wou'd never consider , and consequently wou'd not easily be restraind from folly , from offending ; to deter the slavish and inconsiderat , they did , not only annex certain penalties to the breach of the laws , but unalterably decreed , that no offender tho never so powerful , shou'd escape the punishment . these penalties were pecuniary mucts , loss of liberty , bodily labor to the public , or banishment ; the power of life and death , they wou'd not give ; because they cou'd not transfer that to another which was wanting in them selves ; the taking away of life was peculiarly reserv'd by nature , as its own indispensible right , as most reasonable , because she alone coud give it : they consider`d , that terrors are but affrightments to duty , that corrections are for amendment not destruction , which course shou'd they have pursu'd , they might accidentally have run themselves , into a state of war : since nature had told them , it was not only lawful , but necessary , if they coud not otherwise preserve their own , to take away the beings of any that attempted theirs ; that it wou'd be against the end of society , mutual happiness ; this rendering the sufferer uncapable of all , to which therefore he neither cou'd nor wou'd have consented . this or somthing not unlike it was i perswade my self , the form & substance of the first commonwealths , which if you narrowly look into , you may perhaps find som lines , that drawn out fully , might be no il model , for any common-wealth . and to come nearer home ; it has some resemblance to what , for several past ages , this kingdom did , and does now enjoy . to omit the brittish times , of which we have but very thin gleanings of the druids their oracles of learning , law and religion ; and to skip over that of the romans , who were never able perfectly to introduce their manner of commonwealth ; we shal find that in the time of the saxons ( a people of westfrizland , so called from the shape of their sword , a kind of cymeter , ) and in that of the danes , the manner of goverment was , as now in substance , the not in form or name , by king and parliament . but whether the commons were called to this great assemby or no , i cannot find , from the imperfect registers of elder times ; one may guess , they were originally members of it , because the same people in westfrizland , from whence they descended , do at this day continu , a form of government , different from all the rest of the provinces , not unlike this . there are sufficient proofs , that the peers , that is , the chief of the clergy , and best estated gentry , were as often as the king pleas'd ( for it was originally edicto principis ) summon'd to consult with him of the great affairs of state : which council was before the conquerors time , call'd by several names ; as concilium absolutely , sometimes the epithets of magnum , generale or commune were added : it was often known by the name of curca magna and others , and was compos'd ex episcopis , abbatibus , ducibus , satrapis & sapientibus regni ; among which , if any wil say the commons had place , i will not dispute , because in those times when titles of honor were not the arguments of good fortune or the mark 's of the prince's favor , the king cal'd to this great council , such as large possessions , courage , or wisdom recommended as fit : for we find that the fathers having sat there , gave no right to such sons , as did not with their estates , inherit their vertues . it appears farther , that the great council in the later end of the saxons reign , and til the beginning of king iohns , had , by the grace of kings , accustomed themselves , without any summons to meet thrice every year , at christmas , easter and whitsontide ; which course was not interrupted by any particular summons , but when in other seasons of the year , the public occasions required their meeting . the long continuance of the barons wars , made the before stated meetings , of the great council , return to the uncertain pleasure of the prince . what ever the power of the commons was before the conquest , it plainly appears , that for somtim afterward , their advice was seldom desired , and as things were then ordered , their consent was not thought necessary , being always included , in that of the lords : for the conqueror having subjected the natives to an intire vassalage , seiz'd upon all their possessions , reserved to the crown larg proportions , in every county , gave part to the church in francalmoine , and the residu to his fellow adventurers in the war , to be held by knight servic● . these subdivided part of theirs to their followers , on such conditions as render'd them perfect slaves to their masters , rather than their lords : by the possession of so much power , these barons or freeholders ( for theword signifi'd no more ) did what they pleas'd with their vassals , became very terrible to the conqueror and his successors : to curb whose extravagance , tho all were willing , king iohn was the first that made the attempt ; but by his over hastiness , he gave birth to the lasting broyles of the barons wars . he with desine to suppress the too great power of the lords in the sixth year of his reign , about a war with france , call'd for the commons advice and council with the lords ; which had bin don above one hundred years before by henry the first , who in his reign summon'd them twice , at his coronation , and in his eighteenth year . the next time after king iohn that we find them summoned , was in the forty ninth year of henry the thirds reign ; whose summons appears upon record : so that he may be said to have perfected , what henry the first , and king iohn desin'd , making the commons a part of that great iudicature , which they have ever since continu'd , and for some time after , in one and the same house . it was usual in those days to mention in the writ , the cause of assembling this council ; in a summons of edward the first a wise , just , and therefore a fortunate prince , concerning a war with france , in the seventh year of his reign , these words are observable , lex justissima providâ circumspectione stabilita , ut quod omnes tangit ab omnibus approbetur , much better sense than ` latin. succeding kings have bin pleased to consult in i arliament , of all the high and great concerns of the state , of what nature or kind soever . the consulting thus with the wholebody of the people , was first the grace & pollicy of kings , & the practise was always succesful to those that us'd it , as the contrary prov'd destructive : for the kings having by this course gaind their subjects hearts , found it easy , to command their purses , and their hands . this great representative of the commonwealth , the parliament , consisting of three estates , viz. the lords , spiritual and temporal , and commons with the king at head , you wil with me easily conclude , may do any thing , within the reach of human power . you must pardon me , if i wave anatomizing the distinct powers of the several parts of this great body ; whosoever first attempted that , desin'd the overthrow , of the best constituted goverment in the world , where the king wants no ensines of monarchy or majesty ; where the people have not only al the freedom , liberty and power , that in reason can be wished , but more than any of their neighbors enjoy , even than those , in the so much more cry'd up , but little understood commonwealth of holland , where they have liberty in name , but in reality are very slaves , and beasts of burden . now , whether the way of convening parliaments , might not be alter'd into the this following ( or , som other more equal than the present seems to be ) i leave to themselves to determin , viz. that every parish , freeholders and others , if they please , shoud meet and choose two honest knowing men , on whom their power of electing members shoud be devolved ; this don in every parish , the several two's to meet and choose two for the hundred ; that agreed , the respective two's of every hundred , at the time and place appointed to choose the members , out of such , as are resident in the country , both knights and burgesses : nor does it seem very reasonable , that the later shoud exceed the former , especially considering that many of the antient burrow's are decay'd , and yet the number rays'd by the additions of new ones , beyond what it was before : but by this manner of election that inconvenience , if any , will not be considerable . to every two members a sides-man to be chosen , who shoud duly attend , at the place of sessions ; and that he might be prepar'd in the absence of both , or either of the members , they shoud make him master of al that pass'd from time to time in the house . and that every person elected , might serve the public without privat consideration , the electors , or a iustice of peace in their presence , to administer an oath fram'd to this effect , that in al proceedings , they endeavor to inform themselves , fully of the state of the matter , and therein act according to conscience , without particular interest or desine ; that directly , or indirectly , on the account of their vote or serving , they shal not receive by themselves , or others , any reward , or gratuity whatsoever . on breach of this oath to be lyable to al the penalties of perjury . it is not to be doubted , but the honor of promoting their countries good ( that giving a sort of immortality which al men covet ) wil invite gentlemen enow sufficiently qualified , to undertake this work on these conditions , how hard soever they appear . 't is not reasonable , that parliament men shoud be maintained , or rewarded ( unless in praise and statues ) at the countries charge : to do it gratis is al the real good they do the commonwealth , in which as privat men , their interest , and consequently their gain is greater , than that , of the meaner sort . the elections to be by the ballotting box , to avoid heat , and secret grudges . nor woud it be useless to ad , that al things be carried , fairly and openly in the house ; that the debate of any thing proposed , be adjourned to the next days meeting ; for in the time of rest upon our bed , our nights sleep does change our knowledge , and qualify the effect or cause of passion , inconsideration : that every member by himself , or sides-man , be constantly present , under severe penalties to the public : that nothing be put to the vote , but in a ful house , not of forty ( who cannot be the major part of above four hundred , and therefore at first was sure a trick ) but of al the members ; nor then carried by majority , til the reasons of every single dissenter be examined , the dissenting person convinc'd , and in case of obstinacy after conviction ( of which in so wise an assembly , none can be suppos'd guilty ) expell'd the house ; the question not to be reassum'd , til after the election of a new member , unless his sides-man be of a contrary opinion in the debate . 't is possible the swaying argument , was at first , but one man 's , whose credit and authority might prevail upon the rest , without examining his reasons , which makes it prudent , to weigh the force of what is offered against it : by the contrary course , they may , by this they cannot suffer ; since reason or truth is always one and the same , and however disguis'd , by the sophistry of wit , it must at last overcom . thus by proving al things , and holding fast that which is best , they wil acquit themselves to the present and succeeding ages . such manner of proceeding woud silence al murmurings and clamors , that the parliament is divided into factions ; a court and a country party ; tho the interest of the one , be not directly opposit , to that of the other , yet the members , for ends of their own , honor or rewards , do make them so ; of this they are convinc'd , by seeing som turn cat in pan , appearing strongly , in one session , for that which in a former , they as vigorously oppos'd . and by observing others to compass elections by faction and interest , by purchase or covinous freeholds : that , contrary to several acts of parliament , members living in the south are chosen for the north ; and therefore are , to the injury of the people , as much strangers to the affairs of the places , for which they serve , as those two points , are distant from each other : that they pass laws , witness that against irish cattel , &c. not for the common good , but to shew their interest and power , to mischief a man they hate , or to revenge som receiv'd , or supposed injuries or affronts : that therefore , it is necessary to dissolve this , as not being a free parliament , and to cal a new one ; that to do so frequently , is most agreeable to reason , and to former statutes ; and to that end several causes are prepared to put a difference between the two houses , in point of iurisdiction , &c. but such as more seriously weigh things , may i hope be convinc'd , these are the groundless surmises of som , and false suggestions of others , discontented and il dispos'd persons , the old disturbers of our israel's peace , who delighting , to fish in troubled waters , endeavour once more , to put al into a flame of tyranny and confusion , to see what fish they may , by that treacherous light , bring to their own nets . that it is idle to imagin , the court , the best refiner of wit and languag , shoud not have as piercing a fore-sight , as the country ; that being allow'd , they must be sensible of the fatal consequence of a divided hous or kingdom ; their loss is at least as great as any others , their al is at stake : 't is therefore contrary to their interest , which never lies , consequently to their practice , to endeavor parties . 't is irrational , no less than scandalous , to conclud , because som mens sense , by second thoughts , and fuller consideration of things , is alter'd , that therefore they are brib'd ; as if personages , of so much honor , wisdom , and public spiritedness , coud be induc'd , by any sinister practices , or by-respects , to betray their country , and intail upon themselves , and their posterities , more lastingly , than they can their estates , great and inexpressible calamities . and can it be supposed , the ministers have so little understanding , as not to foresee , that the taking off violent members , any other way , than by conviction of their errors , were endlesly to encrease their numbers , and hydra-like , by cutting off one head , to give occasion , to the sprouting up of many . nor is it less absur'd , to beleive , the parliament , when they find the conveniences , the reason of statutes ceased , wil not repeal them : 't is no affront to their iudgments , nor to their-loyalties , so to alter with the times ; an obstinacy in the contrary resolution , woud indeed be a disparagement , to their understandings . that it is to be hop'd , the wisdom of the parliament is such , as not to quarrel for trifles , after the manner of women or children ; that they wil lay aside al partial regards , and without heats , or personal reflections , intend the great work , the common safety ; recollecting that they were the home - bred divisions , more than the conqueror's forces , that occasion'd harold's overthrow , and england's intire subjection to the french ; even those very men , who invited william , suffer'd in the ruin ; so just and natural it is , to love the treason , and hate the traytor . does not every man know , that the power of whol france is greater , than that of a part , that of normandy , could be ? that william can't be suppos'd , to have been more watchful , to seize the prey , than lewis is ? who perhaps has set those very men , at least their leaders on work , that openly pretend most , to oppose his desines ; while , in the mean time , by sowing underhand , discords and fears , among the people , they best promote his purposes . 't is no unheard-of practice , for politicians , as well as water-men , to look one way , and row another : but i hope , no cunning achithophel will be able to divert the parliament , from the great business of this conjuncture . when they have don that ; i wish they woud think it worth their labor , to look into the laws , and observe what of them , are fit to be repeal'd and what continued . the happiness of a state , consists in a regular form of goverment , by just and equal laws , few and plain , fitted to the most ordinary capacities : these qualifications , are as necessary to the well-being of the people , as that of promulgation was ever accounted to the essence of a law. but such is the fate of england , that the laws are almost numberless , which makes them unpossible to be remembred ; and what is worse , are so very intricat , that they may more reasonably be looked upon , as the devices of cunning men , to entrap the simple , than as the rule , by which al are to square their actions and their lives : and what is yet worse , they were never promulgated , tho provided for , by those statutes , that enact the reading of som of them in cathedrals at least once a year , and of others four times . is it fit or just , men shoud be punished by laws they neither know , nor can remember ? there is no one intire body of laws ; that of the statutes is so tedious ( and som yet remain in the parliament rolls not printed ) that it can hardly be read over in a months time ; tho an hundred times reading , wil not enable a man , to remember them , and yet he may suffer , for not observing what he has not , or if he had , coud not remember : but what is the greatest evil , if they coud remember , they coud not understand ; since the very iudges , who have not only been bred at the feet , but are themselves the gamaliels of the law , and much more , are wont to spend whol terms in the reconciling and expounding of particular statutes . and it often happens , that after these long advisements , they being divided , in their opinions , the parties concern'd , wearied in those toyles , endeavor after all their cost and labor , to quit their right , or impatiently expect the making of new , and more intelligible laws . these great disorders have bin occasion'd by several conspiring accidents , length and warping of time , crooked interests of some lawyers , and the continual wars , forreine or domestick , with which this country has bin harassed , i might say , since the invasion of the romans , &c. but to com nearer our own times , since the conquest , since the first making of these acts , england has not enjoyed , one half century , an intire peace : to which unhappiness , i know not whether , the vexation of the law , or bigottre of religion , have contributed most . i do not doubt but in other ages , they were as sensible of the evil , as we are in this , but the same accidents continuing , rendered it remediless . edward the confessor regulated the saxon laws , but his care prov'd of little advantage after the coming in of the conqueror ; who desining to set up a new form more agreeable to the customs of normandy , or his own will , made himself deaf to the peoples desires , of being govern'd by the rules of that holy prince , who was deservedly sainted , no less for his zeal , and love of iustice , in matters of law , than for his strictness of life , in those of religion . from the conquerors time downwards , there have bin attempts of this kind , almost in every kings reign ; but the wars , and divisions ( and consequently dissolutions ) that often happend between the kings & their parliaments , somtimes lords , somtimes commons , about the liberty of the subject , or , prerogative of the crown , ( not without good reason concluded to have bin set on foot by the crafty lawyers , by this time grown considerable ) prevented bringing to pass , the intended reformation of the law. i wil not insist upon al the kings reigns , where this was desin'd , nor go farther back than henry the eight's time , when ingenious sir thomas more , was by him set on work , to fram a model : but the succeeding accidents frustrated that attempt : the troubles and revolutions that continued , during the reigns of edward the sixth , queen mary and queen elizabeth , hindred this work , which at wise burleigh's advise was resolved on , by the later queen . the learned king iames , determined to finish it ; and the knowing sir francis bacon was pitched upon , to fram a schem of new laws , or model the old ; but the discontents about religion , with the greater artifice of the lawyers , then more numerous , diverted that glorious enterprize . some living were actors , others spectators , of the troubles that have since happen'd , which gave way not to a reformation , but confusion of the laws ; and yet the long - parliament ( or rather conventicle ) knowing their great , and good master purpos'd it , resolv'd upon a new method of laws . but the idol themselves , had set up , as a just reward of their treason , prevented this , by turning them out of doors , with their beloved magna charta , calling it in contempt magna f — . too many in other countries , no less than this , have wholly lost their freedom , by endeavoring to enlarge it , beyond law and reason ; as it has also somtimes befallen ambitious princes , who , striving to augment their power , and dominions , beyond the boundaries of iustice , have , instead of new acquists , forfeited their antient and lawful possessions . the gardiners ass in the apologue desining to mend himself by changing masters , found at a dear-bought experience , none so kind as the first ; the observation of the evil of those days has given us reason , to believe , that wisdom best , which is learnt at the cost of others , and to remember the wise mans advice , meddle not with those who are given to change . this i speak as to the fundamental of the government , which can never be alter'd by the wit of man , but for the worse : but the superstructures of hay and stubble are grown so cumbersom and rotten , that they are fit for nothing but the fire . though i am far from giving credit , to any prediction , or prophecy , but those of holy writ , yet i can't but remember you , of that old latin one , rex albus , &c. on which you know , our wishes taught us , to fix a pleasing interpretation . this hint wil bring to your mind , what perhaps has not been there almost these thirty years , that both for his innocence , and the accidental snow , that fel on his herse , the late king charles was that white king , who for some time , was to be the last in england : that afterwards his son , shoud from beyond the seas , return to the possession of his crown , and that in his dayes , religion and laws shoud be reform'd , and setl'd , upon the eternal foundations of truth and iustice. the fulfilling of this prophesie now , wil seem as miraculous an effect of providence , as that of our soverain's restauration , and wil as much eternize the wisdom of the parliament , as the other their loyalty . what remains of this undon , we might hope to see finisht , as old as we are , if they woud be pleas'd to espouse it heartily , and defend themselves against the noyse , wranglings , and opposition of the lawyers and clergy , who are no more to be consulted in this case , than merchants concerning exchange , &c. because , as the wise syracides observ'd , their interest woud byass them : there is ( saith he ) that counselleth for himself ; beware therefore of a counsellor ; and know before what need he hath , for he wil counsel for himself . there was law before lawyers ; there was a time when the common customs of the land were sufficient to secure meum and tuum ; what has made it since so difficult ? nothing but the comments of lawyers , confounding the text , and writhing the laws like a nose of wax , to what figure best serves their purpose . thus the great cook , bribed perhaps by interest , or ambition , pronounced that in the interpretation of laws , the iudges are to be believed before the parliament : but others , and with better reason , affirm , that 't is one of the great ends of the parliaments assembling , to determin such causes , as ordinary courts of iustice coud not decide . the laws of england , are divided into common and s●●ate law ; the common are antient customes , which by the unanimous and continued usage of this kingdom , have worn themselves into law ; statutes are the positive laws of the land , founded on particular accidents and conveniences not provided for by the common law ; civil and canon law , are of no force , but as they are incorporated , into the body of one or other of these laws , if either may be call'd a body which has neither head nor foot ; for they lye scatter'd in som few books , bracton , littleton , glanvil , fleta , cook , plouden , dier , crook , &c. their commentaries or reports ; or rather in the arbitrary opinion of the iudges , or som celebrated lawyers ; for nothing is in this trade certain or regular ; what one gives under his hand for law , another gives the direct contrary ; iudgments and decrees reverst , as if that coud be just one day , that is unjust another : and why in england must law and equity be two things ? since reason & conscience in all other parts of the world are one and the same ; and why cannot laws be so plainly worded , as that men of common sence , may without an interpreter , discover the meaning ? if they be not so order'd , speedy and exact justice wil at best be retarded . but you 'l tel me there woud be no need to complain , if men woud follow christ's advice , if any man wil sue thee at the law , and take away thy coat , let him have thy cloak also ; the reason was so plain , that it was needless to express it , viz. least the lawyer , shoud com between , and strip you naked , even of your shirt . this you see is prudence as wel as religion , as indeed al christs precepts are in the very affairs of this world. whatsoever was true of the iewish lawyers , the present practise of some of ours , renders them obnoxious , to the censures of the sober , & the curses of the passionate ; most men agreeing , that to go to law , is like a lottery , or playing at dice , where if the game be obstinatly pursu'd , the box-keeper is commonly the greatest winner . but since som men wil be fools or knaves , why shoud not the few honest be as much secured as possible ? when the parliament have setled the laws , i wish they woud think of som more fitting restraint of offences , than what the penal statutes direct almost for every crime , the loss of life . if we examin the severity of this practice , we shall find it contrary to the law of nature , the positive law of god , thou shalt not kil , and ineffective of the intent of laws , amendment . self preservation is the chief design of nature ; to better which , and not to destroy it , was the ground and end of goverment and laws ; which makes it contrary to reason , that any means shoud be made or declared such , which were destructive of the end , for which they were made . if then the loss of life , as it most certainly do's , puts an end , to al earthly happiness , 't is evident , that it never was , nor ever coud be , judg'd an instrument productive of that end ; perhaps it may be said , that this may be true , of every single man , as such ; and yet may be false , when consider'd , with respect to the whole , as a member of the society : i answer , it can't be true , in the later , if false in the former ; because we must believe , that at first , every man consider'd what was absolutely best for himself , without any respect to another , on whom , he cannot be suppos'd otherwise to look , then as he was , or might be subservient , to his own particular and immediate happiness . and since the whole is made up but of several individuals , it must be granted , that every of them had the same considerations : and since it was not in the power of any , to transfer that right to another , which nature had deny'd to himself , we may then safely conclude , it is against the law of nature i. e. against reason , to believe , that the power , of life or death ' by consent of al , without which there was no law , coud at first be vested in any supreme power ; and that the useing of it , does naturally put us into a state of war , the evil because directly destructive of happiness , design'd to be avoided . this is a truth imply'd in the law of england , not only by binding the criminals to restrain their warring , but also by the punishment inflicted on felo's de se , which supposes no man to have power over his own life , as certainly he must have had if he coud have given it to another . nor wil the difficulty be remov'd whether we derive goverment either of the other two ways , paternal right , or the immediat gift of god ; for parents had no such power by nature , in the state whereof we are al equal . we are little more oblig'd to them for our being , than to the influence of the sun , both as to us are involuntary causes ; that which binds children to an indispensable duty of gratitude , is the parents care in providing for their wel-being , when they are unable to shift for themselves , and their giving them virtuous education , ( that which is of al , the truest obligation , ) than which nothing is among us more neglected ; which has made som at the gallows , not without cause , take up the advice of iobs wife against god , first curse their parents , and then dye ; children may indeed be ungrateful , which is the worst , or the al of crimes , but parents cannot revenge this by death without being unjust ; because there ought to be a proportion between the crime , and the punishment , and a warrantable authority in him that inflicts it , which in this case are al wanting ; for ingratitude , theft , rapin , and what ever else is practis'd by the wicked , are in themselves repairable , and the sufferer may in an equal measure be compensated for his loss , for bona fortunae or the goods of fortune are exterior to us , and consequently accidental , and when we are despoil'd of them by any , we have ful satisfaction by a restitution in specie , or in value ; this cours is the measure and square of al civil contracts ; for if i detain wrongfuly the mony you lent me , i am compellable but to repay you . why then shoud it be capital , to take your horse without consent , when either restitution , or a punishment more commensurate to the offence may be had ? as for the authority of the punisher which must be warrantable , it is plain the father has no such over the children who in the state of nature are equal with him ; for since he gave not the being , he cannot legally take it away , and for the act destroy the agent ; punishment being design'd , not only for the terror of others , but for the amendment of the offender : to destroy then the last , that such as are guiltless may continue so , is to my apprehension , a piece of the highest injustice . besides , no prince claims a right over the subjects life , what ever he does to his crown , otherwise than by the positive laws of the land , which suppose the man himself to have given that power by his consent , which is already prov'd impossible ; therefore we may conclude , the inflicting of death is against the positive law of god , who has reserv'd this to himself , as a peculier prerogative , and altho he has allow'd the rulers of the earth to share in his titles , yet least they shoud intrench on his honor ( of which he is very jealous ) by exceeding the bounds of reason , he immediatly subjoyns , but ye shal dy like men , to put them in mind that they were to act as such . it cannot then be suppos'd , that human constitution can make that just which the almighty declares unlawful . he that does so , sets himself up above al that is called god , destroys moral good and evil , makes vertue and vice but only names , which if allow'd , we may bid farwel to the people and princes security ; for this , roots up the very foundations of peace on earth , as wel as joy in heaven . nor will it serve to say , this was practised in the iewish common-wealth ; that was god's own peculiar province ; and he that was sole author of life , might dispose on 't at his pleasure ; and tho every part of that oeconomy be not accountable , yet 't is not without good grounds suppos'd , because the iews happiness or misery seems to have consisted in the enjoyment or want of temporal blessings , that the taking away life here , was in lieu of that punishment , which sinners under the gospel , are to receive in another life : and unless human laws might as immediatly be call'd his , and that every magistrat were a moses , i coud not believe it lawful for them to follow that example ; especially considering , that they do not write after this copy , in the punishment of al crimes : i will not make comparison in many , yet i can't but take notice , that idolaters , and inciters to it , were there punisht with death , while among us atheism and irreligion do not only go free , but the professors of those admirable good qualities , pass for wits and virtuoso's : drunkenness , and gluttony , are esteem'd as marks of good breeding ; computing the abilities of our brains , by the number of bottles our stomacs can hold : this vice , among the iews , was accounted so ridiculously silly , that they coud not believe , it was possible for men grown to the ordinary years of understanding to be guilty of it ; and therfore we find no punishment allotted , but for children , viz. that if drunken or gluttonous children did not by the parent 's admonition and correction learn more wit , that then their parents were oblig'd to bring them forth , and testify their folly , and with the congregation stone them to death . but this abominable childish crime , the mother of al imaginable wickedness , has among us no punishment , or what is the same , if not worse , none inflicted . as to the third part of the assertion , viz. that the loss of life is ineffencive of the intent of the law , amendment ; this will appear tru , by observing , that men , whose loose education has made it their interest , to wish there were no other life , by often wishing , and never considering , come at last to be fools ; and with them , to say in their hearts , there is no god : we have no way to live , thanks to our good parents , or our country , but to rob , or steal ; as for the next life , if there be any such thing , let that look to it self ; let us provide for this ; a short one , and a merry ; who knows , but we may escape seven years ? and that 's the age of a man : if we are taken , and can't get a pardon , 't is but a few minutes pain , and there 's an end : thus these foolish wretches discourse themselves to the gallows ; on which , did you but know , the vast numbers hang'd , for som years last past , you woud quicly believe , that sort of punishment rather makes more , than frightens any , from being thieves , robbers , or other criminals . in the eastern monarchies , the greatest emperors , the turk himself tho always in war , fancy some kind of art or trade ; and by this do not only divert themselves , but by their examples more powerful than any precept , oblige the people to so necessary a practice . the ladies , even the greatest , of al other countries , have callings too , and spend not their whole dayes , in making and receiving visits , or in preparations for them , exquisit dressings . if by such a course , or any other , people were induc'd not to live in idleness , none woud be under a necessity of starving , or breaking the laws , as many now are . and if afterwards , any were stil found guilty , a punishment likely to prevent others , and do a farther good to the public , woud be to take away the names of al criminals , that they may be no more had in remembrance ; put them into a common livery , a fools-coat , red and yellow ; keep their heads continually shav'd , their fore-heads stigmatiz'd with marks distinguishing their crimes , and their estates forfeited to increase the princes revenu ; condemn them to public work - houses , mines , or galleys : the labor and toyl , the hard fare , and the disgrace , woud deter more than death ; and , as som believe , be more agreeable to the dictates of nature , to the law of god , and to the profit of the common-wealth . in cases of murther , the public loses too much by the slain ; it wil not fetch him back , to send another after him : why then , shoud they think themselves satisfy'd for one loss , to have it doubled upon them by another ? but supposing ( which i never can allow ) that reason requires life for life , can it think it equal , to set the life of a man but at a shilling ? is a horse , or a cow , a sheep or a deer , or a less thing , a cock or a hen , an equal price for a man's life ? and yet for perjury , he suffers but a pecuniary mulct , or loss of ears . why shoud not he that swears falsly at least have his tongue cut out ? in the iewish law , the perjurer was to suffer the same kind of evil , that he brought upon his neighbor ; and at this day among the persians and indians , a lyer is not only depriv'd of honor , but of al further speech : had it bin thus enacted among christians , the false tongue , and the lying lips , woud not have destroy'd so many mens lives and fortunes . but if we wil not , after the iewish , and roman manner , bring in reparation or the lex talionis , which with them was practis'd in other cases besides that of felony ; let us at least , make some further provision for the security of mans life , let it be put out of the power of one witness , observing that great law that said , at the mouth of two witnesses or three , shal he that is worthy of death , be put to death , but at the mouth of one witness , he shal not be put to death . what i seem to say paradoxically on this subject , i woud have you understand , as i intend it , of the first societies of mankind ; and you may likewise further observe , that tho custom and the positive laws have made punishment by death , the practise of al nations , yet with humble submission to my superiours , i perswade my self , it was introduc'd by absolute power among the heathens , and since continued among christians , because they did not fully consider , that a better way might be found for correcting and avoiding crimes . having now provided against death , upon the account of any crime , it may wel enuff consist with the kings mercy and goodness ( which invite him to be tender of the lives of his subjects ) to determin positively , never to grant a pardon or remittal of the punishment to any criminal , tho never so great a person . in edward the thirds time it was enacted that no pardon shoud be granted out of parliament ; i wish it might graciously please his majesty with his parliament , to enact further , that no pardon shoud at any time be granted ; then which i am sure nothing woud more contribute to the perfect observance of the laws . tho our laws cannot , yet an intire execution of them in their utmost severity , may be as unalterable , as those of the meads and persians ; which cours woud prevent the many il effects the hope of pardon does now daily occasion , tho there never were fewer granted , yet so long as there is any ground of hope , the debauchee is incouraged to go on in his folly , and none being particularly excluded , he reckons himself not incapable of that grace . but now admitting , that the laws were never so good , if they be not duly and equally administred by the several courts of iudicature , the evils do stil remain . to prevent which great inconvenience , such has been the happy contrivance of england's constitutions , that the same power that gives the law , cannot only pronounce it ( in spite of cok's assertion to the contray ) but has also determined , that it shoud be a part of its own power , to cal al inferior courts , and officers , iustices of the peace , and others , to a strict examination , how they have squared their actions and proceedings , to the rule they have given them ; from which , when they are found to deviat , it woud be for the advantage of al , that the parliament woud exert its antient power . in regulating the many abuses crept into inferior courts : into which if there was ever need of looking , there is now at this day , when the complaints are loud ; by which , tho perhaps mole-hills may be made mountains , yet al this smoak cannot be without som fire . this i have bin told for certain , that their iudgments are founded as much upon rules or interpretations of statutes of their own pleasure , introduc'd by the intrest of lawyers , and officers , as upon the strict letter of the lawes , in which your education , tho not your practice , and your long observation , has made it superfluous for me , to particularise the many irregularities in the administration of iustice , which woud fil a larg volum . but to begin with the courts , i think it were convenient that each of the four at westminster shoud be reduced to their antient practice , and not suffered to encroah upon one another , to the subjects great vexation , who often quits his cause rather than follow it thro al the mazes of the several courts , where at last after som years tossing by writs of error , &c. from post to pillar , if his mony does but hold out , to make the lawyers that sport , he may sit down by his loss , or have recours to the arbitriment of two honest neighbors , which at first had bin the speediest , and cheapest way of justice . in antient days , the kings bench intermedled only , with the pleas of the crown ; but now an ac etiam , ushered in by a feignd assertion of force and arms , and by supposing the defendant to be in custodia marescalli , or the plaintiffe privileg'd som other way in that court , robbs the common bench , whose jurisdiction even by magna charta is of al common pleas between party and party . the common bench , by practice of atturneys not to be behind hand , has likwise of late days introduced an ac etiam , and several debts or promises are suppos'd , with intent to bind the subject to special bail , wheras i am confident , it cannot either by common or statute law be evinced , that antiently special bail or a capias , before summons was in any action required ; and that therfore it is a meer invention to get mony , and to vex and impoverish the subject . the exchequer was only to hold plea , of such actions , where the plaintiff was really indebted to the king , ( and perhaps too , not able otherwise to pay it ) or where the parties were by their priviledg to plead or to be impleaded in that court. but now , by falsly suggesting , they are indebted to the king , and not able to pay him but out of the thing in demand , they are suffered to su in that court , alleadging a quo minus , &c. in their declaration : but before such irregularities were introduced , it was not so much law , as honesty , prudence , and skil in arithmetick , that were the necessary qualifications of the barons : in which court , a chancery was erected , to moderate the rigor of the fines and amerciaments estreated into that court , and to extend to the kings debtors , those favors which the barons coud not shew . the causes then remaining for the high court of chancery , were the penalties and forfeitures between man and man , which at common law were du , and al other causes , that for want of evidence were no where els tryable . but such have bin the mighty contrivance of the practisers in that court , that they have found out a way for the trial of al causes there , where notwithstanding a mans pretence in his bil , that he wants witnesses ( tho that be but a tric to intitle the court to the action ) after he has obliged the defendant to swear against himself , contrary to the common law , that of nature nemo tenetur prodere seipsum , which seems to be the possitive intent of magna charta , he takes out a commission to examin witnesses . in the civil law the complainant , if required , is obliged , as wel as the defendant , to swear the truth of the bill ; and sure , that is as fitting to be don , in the king 's great court of equity and conscience , as in the ordinary courts of iustice in other nations . nor woud it be amiss , that al witnesses shoud in that court , as wel as others , give their testimony , viva voce , and that there shoud be som unalterable rules both for the officers of the court , and the clients ; since conscience , and right reason , are alwayes the same and unalterable ; which woud prevent the reversing of decrees , ( a tacit confession they were unjust ) and other inconveniences , too many to be recounted ; only one is so notorious , i cannot pass it by , the assuming a power of impeaching iudgements at common-law , which the statute declares to be premunire . another practice as inconvenient as any , is , the iudges giving too great an authority to a former iudges report or opinion : it were to be wish'd , that in the rest of the courts , the present practice of the wise lord chancellor finch were observed ; who considering that a report is founded upon such reasons , as are not with the report convey'd to us , that only stating in brief the matter of fact ; and that the case is alterable by any one accident , rightly infers , that no report , but the reason of the present case squared to the rules of the law , ought to guide his iudgment . to this may be added , that in every court there shoud be a setled number of clerks , attorneys , & lawyers as wel as iudges : that these how just soever , shoud not continu above three years in any one court. whatever the sherifs power was formerly , sure i am , that exercised by the iudges exceeds what now they are possest of ; and yet the wisdom , of former ages , thought not fit , to intrust the former two years together . that they shoud be oblig'd to give an account in public of al their proceedings , at the expiration of the said time . that they be under a pecuniary mulct , besides an oath , to administer justice impartially , in imitation of god , who to mind them of their great duty , graces them with his own title , saying , ye are al. gods , and therfore must do as i do , ye shal not regard in judgment the power of the mighty , nor the distress of the poor . that the iudges , lawyers , atturneys and clarks , shoud have out of the public revenu , sufficient establisht salaries ; to take no fees , or gratuity whatsoever directly or indirectly ; it not seeming reasonable that the people shoud pay any thing for iustice , but as that charge may be included in the public taxes ; that no offices whatsoever be sold , and nothing but merit to intitle any man ; for if offices be purchased by the interest of friends , or mony , it is unreasonable , to expect , that iustice too , may not be bought and sold ; and for this reason , it is as fit to make laws , against this practice in others , as against simony in the clergy . no man to have two offices , or to act by deputy , but on extraordinary occasions . that al causes be determin'd , at farthest in six months ; and that such , as thro difficulty , or other accidents , can't be determin'd within that time , the parliament at next sessions shoud decide them . to oblige the iudges to proceed exactly according to the strict rules of the law made by parliaments : for notwithstanding what the lord coke says , 't is their duty , only legem dicere , not legem dare ; and therfore , where ever any thing comes to be disputed , of the meaning of the statutes , or that any cause happens , for which there is not exact and sufficient provision made , they are to have recourse to the parliament , whose power is not only legem dare , but dicere : for it appears , that in antient times , when iustice was more speedy , and statutes fewer , or rather none at al , the great business of the parliament , was to give sentence in al difficult causes , and to correct the miscarriages , or sinister practise of al inferior courts and officers , and therfore was commonly known by the name of curia magna . before the conquerors time , there was no such thing , as courts at westminster-hal ; the manner then , of distributing iustice , was both speedy and cheap : the county being divided into several portions , there was in every manner a court , where al the causes , arriving within that precinct , were determined by the thane and his assistants ; but if too hard , they were removed by appeal to the higher court of the hundred , where al the chief and wise men within that territory with the hundreder or aldermannus gave iudgment ; and if any cause proved too difficult for this court , then they appeal'd to the county court , where al the several thanes and hundreders with the chief of the county call'd comes , and somtimes vicecomes , judged it : but such causes as were too intricat for them , were remov'd to the great court or parliament , then known by several other names : which jurisdiction was exercized , some ages after the conquest ; whence sir edward coke may be wel suspected a greater lawyer than an antiquary ; or els the liberty they took , was the occasion of his exalting the iudges power , in expounding statutes , above that of the parliament . having now made it plain that the parliament has this power , and always had , it were to be wished , they woud make use of it , in strictly regulating the disorders of al inferior courts , as wel ecclesiastical as civil : which perhaps can never be better don , than after the manner of the famous venetian commonwealth , by erecting a new magistracy , or court of inspection , public censors , men of great candor and integrity , whose power shoud extend , to the cognizance of al manner of actions in courts great and smal ; of the demeanor of al officers of the state of what degree or quality soever , who taking care thus of the execution of the laws , shoud be oblig'd from time to time , to give a ful and impartial information to the parliament , in whose power alone it shoud be , upon conviction of the criminal , to suspend , degrade , or otherwise punish , according to the provisions they themselves make in such cases . that it may be lawful for all persons to address themselves immediately to these censors , whose information shall by them be fully examined , and neither their informers , nor themselves , lyable to any actions or sutes , upon account of their proceedings ; to be accountable , to the grand and supreme court of iudicature : that their number be such , as may serve to go circuits round the kingdom . these , as the other iudges to be altered , every years . and because nothing does more conduce , to the good of man-kind , next to wholsom laws , and the practice of piety , than the knowledge of things past : not any thing being truer , then that what is , has bin , and there 's nothing new under the sun ; a perfect relation of which begets a great understanding and deep iudgment ; the sence whereof made a wise king say , none were so faithful counsellors , as the dead : that therefore the parliament woud appoint two of the most learned of those censors ( acquainted with al the most secret affairs of state ; which if not as counsellors , yet as hearers , under the same obligation of secrecy , as secretaries or clarks of the counsel , they may understand ) to write especially the matters of fact of al affairs and occurrences . the annals not to be made public , til the writers , and al concern'd , were gon off the stage . the fear of offending , and the advantage of flattery , being remov'd , future ages woud in the truth of history find that great rule of iudgment and prudence , the world has hitherto been deprived of : there being ( a man may safely say ) no tru profane history in the world , save that of the wise chineses , who have observ'd this practice , for several thousands of years ; keeping the records , as an arcanum for their princes , who by these means , have gain'd a steddy judgment , in their own state-affairs ; which is the reason given , for the long and prosperous continuance of that great monarchy . when the laws , and execution of them , are thus established , every man will be sufficiently secur'd in the enjoyment of his liberty and property ; which , tho commonly taken for two , are in reality one and the same thing . i understand by the first , that power , man has reserv'd to himself when he enter'd into society ; that is , a liberty of doing any thing , except what the law forbids ; or of living conformably to the laws ; not of speaking contemptuously , of the rulers of the people , nor of doing what he please , tho the law restrain it . by property , i conceive meant , the right of enjoying peaceably privat possessions as bounded by law : liberty then respects the person , and property the estate . these two , i perceive , you have joyn'd with religion , as the three great abstracts of human concerns ; for , i presume , you consider religion as it is part of that policy , by which the state is govern'd , and as such i shal chiefly take notice of it ; leaving it , as it refers to the soul , and a future life , to divines , whose proper office it is . taking it then for granted , that every wise man will study that which neerest concerns him ; and , that the interest of the soul , and eternal life , do's far exceed the valu of this our transitory being ; that all human laws , are therefore binding , because agreeable to nature or reason , that is , to the signatures of the divine will : that true religion was the law of god , and its end , the happiness of man in this life , as well as in that which is to come : that it was divided into two parts , duty to god , and to one another ; which later to the thinking man resolves into love of himself , who must find , that his happiness consisting in the enjoyment of himself , cannot be without the mutual offices and endearments of love ; which obliges him , in spite of all his passions , when he fully considers things , to do to all men , as he would be don unto : this then being human happiness , and the end and foundation of the laws of god and man , it was wisdom to annex this great motive of obedience , religion , or the consideration of future rewards and punishments , to invite us the more powerfully , to the obedience of laws ; without which , even in this life , we coud not be happy , they being subbordinat to one another ; that as our duty in one , makes us happy here , so that of the other superadds a farther blessing , and makes us happy hereafter ; which later in the connexion of things , thus ordered by providence , was not attainable without the other : and which indeed do's declare religion not to be a part of policy , but tru policy to be a part of it ; or , in plainer words , that human laws are so much better , that is , so much more binding , as they com nearer to the laws of religion ; contrary to which nothing in any human institution , can be obligatory ; that is , no society of men can make that just , which the law of religion , or reason , has made unjust : if then the interest of state , and religion , be so intermixt , it is no wonder , that men shoud be very sollicitous not to be mistaken , in that which comprehends both , the human , and the divine , or among us , the christian law : and because it is as natural for men , to have different understandings , consequently different opinions ( which are the necessary effects of the former , or of education , and both equally out of our power ) as 't is to have different complexions : it is impossible , that all men should exactly agree , in the meaning of any difficult matter . if then the meaning of the law be not to be had , 't is not our fault if we do not obey it , which we must do , or be miserable . now , because many evil consequences , if not prevented , woud issu from hence , we must consider farther , that al wise law - givers impose nothing beyond the power of the person under the law ; for , law being the rule of actions , if i do not or cannot know it , 't is no rule to me . therefore , to understand this great affair aright , let us examin , whether these following positions , and their consequences , be not natural truths . that god did really purpose the happiness of al mankind : that therefore , the way , or means , by which that was to be attained , was to be plain and easy , no matter of doubt or dispute : that this way , is no where delivered unerringly , but in the scriptures , which al christians allow , to be the word of god : that al the disputes , are pretended to be proved by scripture , that is , by consequences from thence : and since al the parts of that holy writing must agree with one another , 't is plain , that the consequences are not natural , because contradictory , of which , both parts can't be tru ; and therefore , the matter in dispute concerns us not : that , since al our duty is compriz'd in scripture , the rule for the ignorant , as wel as the learned , comments do amuse , and confound , rather than expound the text : that disputes , begetting heat and passion , are not only impertinent to our duty , but uncharitable and destructive of christianity : that only the fundamentals can be tru , or necessary , because in them alone al agree . that christ has told us , the sum of al is , to love one another , a pleasing and a natural command : that he is the way , the truth , and the life : that whosoever believeth in him , shall never perish : that happiness is not attainable here , nor hereafter , but by following his example , and believing his doctrine , viz. what is positively affirm'd in scripture , without examining , how or why ; if those had bin necessary , he woud not have left them to the uncertain disputes of after ages . that al ceremonies are in themselves indifferent , but when commanded , are necessary in their use and practice ; but alterable , at the pleasure of the imposers : that no man can be a christian , that hates his brother , i. e. he obeys not christ's command , gives not up himself to the new commandment , that of loving one another : that no man can avoid differences in opinion ; and since they are not the effects of our choyce , they are not sinful ; therefore , he that condems another , for not being of his opinion , after he has endeavour'd , without prejudice or interest , to examin and hold fast that which is best , considers not what he says , or if he do , he is proud and foolish , because he says , by an implicit consequence , none is wise but himself : that faith is the gift of god , but considered in man , 't is a necessary act ; for when a man is convinc'd , that is , has no doubts of the credibility of the proposition , its conformity to reason , nor of the person that he can neither deceive , as having no interest , nor be deceiv'd , as wanting no knowledg , 't is impossible for him , not to give up his assent , whether morality or christianity be ( which is much doubted ) really different , they can never be asunder ; for the man that is not honest , is not , nor cannot be if he continues so , a christian ; that what is tru in philosophy , can't be false in divinity ; and both affirm , he that does al he can do , is not to be blam'd , he has don his duty . that different opinions not being avoidable , are in themselves , as harmless and tolerable in a society , as men can be ; because , til the man be convinced , his sense of things can't possibly be alter'd , after conviction , he that continues in an error , i. e. that perseveres , in spreading such opinions , as are destructive of good life , and of public peace , is a lyer or a mad man ; the first , if he do not repent , ought to be expell'd the commonwealth ; the other , if he will not grow sober , must be sent to bedlam . from al which , it plainly follows , that our opinions are not free , that no man has liberty of opinion , and that he who desires liberty of speaking what he pleases , is unreasonable , if he intends to say any thing , that shal disturb the peace , and quiet of his country ; if he may be restrain'd from that , his errors can mischief no other than himself : if the case then be thus , how comes it to pass , that men fal out , and wrangle about nothing ? seek knots in bulrushes , make difficulties where god and nature never made any , puzzle themselves and others ? let them fool on that have nothing else to do , and follow the heathens advice , 't is better to do nothing than be idle . this i confess woud not be very tragical , if they woud be content to be idle themselves , and not make work , and sad work too , for others : but , alas , they rob their master of his power ; and dogmatically pronounce , we must believe more than christ tels us is required , or else we cannot be sav'd in the next life , nor happy in this ; and many of us are such silly fools , that we believe them ; and acting accordingly , too great a number , i fear , make their assertions good , as those ignorant people do , who giving credit to astrologers , by squaring their actings to the predictions , and therefore somtimes finding these things com to pass , are not only deluded themselves , but incourage others to be so by such nonsensical impostors . but since al men have not understanding , you 'l ask , how the evil shal be cur'd ? the remedies are only two : first , a right education ; and next , a removal of al interest : for , since the foundations of religion are eternal truths , were men rightly instructed , of which al are capable , because al desin'd for happiness , and men got nothing by lying ; we shoud have as much truth , and as little disputing in matters of christianity , as in the mathematical sciences : or , at least , if men defin'd nothing really but the tru ends of it , eternal happiness , it might be lawful for every man , even in the way which another cals heresie , to worship the god of his fathers ; for , tho one thinks his a clearer or a shorter way , than that of another , so long as he stil goes on ; that is , treads in the paths of a sober and virtuous life ; tho he may be more dabbl'd , or longer on the road , what 's that to him ? he that finds fault , may miss his own way , by looking towards his brother ; his particular duty requires al his care : besides , every man stands or fals to his own master . but you wil say , 't is charity to teach my brother , and not to suffer sin upon him : 't is very tru ; but first , 't is not prov'd , that difference in opinion is a sin , but the contrary ; next , charity is not express'd in thunder and lightning , sending him head-long to the devil , because he wil not be presently , whether he can or no , of your opinion ; which , perhaps , is not truer than his own , tho your greater confidence assert it : but charity is express'd by meekness , gentleness , and love ; by instruction and pity , not by hatred and revilings ; nay , not by death , the too often consequence of differences in opinions : from which considerations , 't is plain , that 't is not reason nor charity , that divides us ; but interest and policy . how far it wil consist with the safety of the public , to suffer such dangerous causes of fatal effects , as are brought in by these clashes of religionists , not religion , i leave to the wisdom of the parliament : only , to satisfy that part of your question , i wil give you som short account , how these tares have so sprung up , as to choak almost wholly , al the good seed sown ; afterwards , you may judg if they may not now the harvest is com , be cut down gather'd a-part , and thrown into the fire . and surely if these quarrels were only design'd for the good of the soul , ( which yet if they were the promoters , must be men of wrong understanding or notions , forgetting that faith is the gift of god ) they would not hate and dam one another for different , tho false opinions : nothing can have that effect , but the committal of sins ; of which holy scripture pronounces death , the wages , or necessary consequence : but these we see past over silently , few excommunicated for whoredom , adulteries , atheism , and profaness ; many other crimes are openly committed without punishment , which ( perhaps ) was the end of instituting ecclesiastical courts . the great desine of christianity , was in a higher and more refin'd way the same with that which hierocles tels us of philosophy , the perfection of human life : therfore , the primitive christians knowing the end of their doctrin was to make men good , to fil their hearts with purity of intention productive of good works , not to make them wife ( if stuffing their heads with empty and idle notions may be call'd so ) avoided al such with great care , pressing only upon men the reformation of their lives , by the plainess of their practise and their agreeableness to reason ; being wel assur'd , the contrary precepts coud bring forth nothing , but endless ianglings , and frivolous disputes , which woud ( at last ) not only loosen , but destroy religion , by taking away charity , the bond and cement of that and al perfections . but when the piety of succeeding ages had endowed the church with temporalities , and with rich possessions , the church-men altered their doctrin , with their way of living ; for now , ( kicking like the calfs of iesseron grown fat ) the former practised severity was turn'd into wantonness ; the plainess of the precepts , into intricat niceties ; this , they judged necessary ; for , if according to the promise , the gospel was to be so plain , i. e. so agreeable to nature , and reason , that a man might running see to read , i. e. a man that made never so little use of his reason , that did but keep his eyes open against the false alurements of sense , coud not but perceive the lines of his duty written in very larg and plain characters : perceiving every man thus enabled to teach his brother , and that miracles were ceas'd , they found themselves under a necessity to make godliness a mystery , that it might becom gain to 'um in an il sense , and that they might secure to themselves that veneration and respect , which otherwise were now like to fail . religion , by this means degenerating from its innocence and simplicity , into a trade of policy and subtilty , an art to live by , tent-makers and fisher-men became too dul and ignorant ; the preaching of christ crucified was fit only for the witty , and the learned : no wonder then , that being now so much taken up in refining the cobweb inventions of their heads , they wanted leisure to look to their feet , to order their steps aright , and therfore went astray , not only from the precepts of the gospel , but the imitation of the life of the holy iesus , which was the greater duty of the two ; as the end , for which his doctrin , the means was given . and to make themselves the more admired , they mix'd that with the vain philosophy of the greeks , especially platonism , with an addition of many absur'd heathenish , and obsolete iewish rites and ceremonies . when the bishops became princes , the number of candidats increascing faster than preferments coud fal , the ambitious were induc'd to court them by indirect ways , the pretence of an extraordinary knowledg or piety , to gain the interest , and the favor of great men , and by those steps to mount the spiritual throne of carnal pride . thus when arius faild of a bishopric , enraged that a less learned man shoud deprive him of the miter , he resolv'd upon a malicious revenge ; and to make himself more famous , then the crosier coud , under pretence of discovering the falsities crept into religion , he alleagd one of the great mysteries to have more of platoes fancy , than of christs truth in it ; this mother-heresie by him introduc'd brought forth many others , and ( which was the greater evil ) has been the parent of uncharitable disputes , the certain occasions of much confusion in life and doctrin , of assassinations and massacres , of wars and desolations . the christians now , contrary to christs positive command , cal no man on earth master , i. e. if an angel from heaven , ( much less , a man ) shoud preach any other doctrin to you , than what i ( your only lord and master ) who am now ascending thither injoyn you to obey , viz. to love one another , hearken not to him , for , he is a murderer and a lyar , a cheat and an impostor . neglecting this , and having the persons of men in honor , they readily imbraced their opinions ; and changing the name of christians , took up that of the fathers of their sects , as of arians , &c. these divisions and factions , and the consequent bloody wars woud perswade us , that christ came not indeed , to send peace on earth , but a sword ; for , these ring-leaders imposed upon the credulous multitude , that al those superinduced new fangles , diabolical inventions , unreasonable whimsies , and childish fopperies were the great pillars and truths of religion ; and therefore , to be contended for unto death ; while in the mean time , they themselves were conscious , that they disputed not for truth , but victory , for the sensual gratifications of ambition and vain glory , of pride and interest : and , if you wil but give your self leisure to look into the controversies of former heretics , or into those of later date , between the reformed , and the church of rome , &c. you wil find them al on one and the same bottom . the church of rome has good reason , as to this world , not to yield to any truth in the point of transsubstantiation ; of which , certainly , 't is enuff to believe simply christ's own words , this is my body , because no more is warranted , and therefore not necessary , and that indeed none of the expositions are free from unanswerable objections , tho none appear so opposit to sense , and absur'd , as that of the romanists and lutherans : for if this power , of working miracles be taken from the priest , it may be thought he has nothing left to make him iure divino ; which if allowed , he is quick enuff to foresee that other princes may follow the example of henry the eight . those mistaken , on wilful apprehensions have involved the several kingdoms of europe , in blood and confusion , intestine commotions , and wars ; and wil imbroil them yet further , if the causes be not remov'd : this has long been the wishes of some , and the endeavors of others ; but by the success seeing the disease is not cur'd , but that its venom does daily spred more and more , we may safely conclude , tha● disputing is as incompetent a way to resettle the truth of religion , as the sword is to propagate it . every man naturally hates to be accounted a fool , or a lyar ; and therefore , when worsted by the force of arguments , ( which may be to him unanswerable , tho not convincing ) , he fals into heat and passion , which the other returning with equal warmth , at length both lose the question , and fal from words to blows , from disputing to fighting ; and not satisfy'd pedanticly ( for most commonly the contention is only about words ) to lash one another , they further make parties and factions . these hurried on with the fury of a perverse zeal , the effect of ignorance , espouse the quarrel , and pursu the folly , and the malice to the fatal destruction of thousands , of millions ; as if there was no getting to the heavenly - canaan , the new - ierusalem , but by wading , or rather by swimming thro the red-sea of christian blood ; while , in the meantime , the first disputants stand looking on , or like sneaking cowards steal away from the rencounter as soon as they have ingag'd others more genrous , but withal more foolish than themselves . this england has to its cost experimented , and , 't is to be fear'd , if not timely prevented , wil agen . others , finding the way of dispute insufficient , believed that the allowance of a toleration to the several contending sects woud do the work ; and that in truth , the denyal of it so far as it might consist with the peace of the common-wealth , seem'd to be a kind of persecution not unequal to that of the heathen emperors in the beginning of christianity : this opinion being by the ring - leaders infused into the peoples minds , who being apt to pitty al in distress , from pitty are induced to liking , and from liking to love , they at length espouse the party , and with so much the more violence , by how much the more it is oppos'd ; nothing being more natural , than to resist force , and covet earnestly those things we are forbid . the consideration of this , and his own observation , that the more the christians were put to death , the more they increased , made the wise pliny write to the emperor trajan to forbear persecution ; telling him , that sheading christians blood , was sowing the seed of the church ; every man's death giving to the multitude a sufficient proof of the truth of his profession , and gaining more proselites than preaching coud . by the emperor's following this good advice the christians gain'd their liberty , and he an accession to his army ; and the great increase of converts was thereby much restrained . the sense of this great prudence joyn'd with his majesties great natural clemency , has with good reason prevail'd upon his ministers rarely to execute the severity of the sanguinary and penal laws upon dissenters ; and i am wel assur'd , that did they not believe by those statutes remaining stil in force , that they are under persecution or the dread of it ; instead of increasing much within these few years , they woud certainly have decreased : i am therefore perswaded , that toleration with convenient restrictions woud lessen the evil , and remove most of its inconveniencies ; tho al can never be taken away without another sort of education . and if the parliament that give it , find it hereafter inconvenient , they may alter or annul it , how they please . in this toleration al opinions are to be provided against that are destructive of good life , together with the consequences rather than occasions , atheism and irreligion . as the venetians once excluded , so must we for ever prohibit the iesuits and other regulars : the number of secular priests , and non-conforming ministers or teachers are to be limited ; they with their flocks registred , and to be incapable of any office in the commonwealth , and the teacher to be maintain'd by themselves ; the richest of the congregations to be security for their preachers , that they shal preach no sedition , nor have privat conventicles . that , besides the state may send two to hear al taught ; that the use of al controversial catechismes , and polemical discourses as wel out as in the pulpit under strict penalties be forbid : such things , no less in their natures , than their names signifying and begetting distractions , rebellions , and wars . tho it be as impossible by laws or penalties to alter mens opinions , from what either their temper , or their education has occasion'd , as it is to change their complections ; yet if men pursu'd nothing but godliness and honesty , they woud find their differences in opinion , are no more hurtful than restrainable : and to make them less so , all names of hatred and division are to be taken away , and the parable of christs seamless coat to be really fulfil'd again . that al , whatever their single opinions be , be call'd by no other name than that of christians , for indeed as such they al agree , that is , in the fundamentals of religion ; ( as for the disputed things they are already shewn not certain , therfore not necessary , consequently ( to us ) impertinent which of the assertions be true , ) and only differ by the considerations of pride , or interest , as they are trinitarians or antitrinitarians , arians , socinians , papists or protestants , remonstrants or antiremonstrants , iansenists or molinists , franciscans or dominicans , lutherans or calvinists , presbyterians or independants , &c. but for my own part i am of opinion , that we shal never arrive at the tru state of christianity either by disputing without toleration , or by toleration with disputing i. e. we shal not come to live righteously , soberly , and godly in this present world : for , disputing destroys al , and toleration alone wil not take away those wrong notions , with which the present age is prepossess'd ; tho some of the prejudices may be lessen'd by softness and gentleness , by love and perswasions ; this iconfess wil not do in al , because al have not understanding , and such as want it must inevitably run into error ; for , whatever the philsophers dispute whether the wil and the understanding be distinct faculties , or distinct operations of the same soul , it plainly appears in al our actions , that we wil or nil things according to our understandings , which as wel or il inform'd make us do things good or evil ; so that , til our notions are rectifi'd , we are to be pityed and instructed , not hated or condemned . when by an excellent education and a good example we are taught not only to know , but to practise our duty , it wil then be almost morally impossible for us to offend ; wheras , on the contrary while both are now neglected , 't is a wonder we are not worse : pursuant to this , salomon gives a wise direction , train up a child in the way thou woud'st have him to go , and when he is old , he wil not depart from it . the great business , then , not only to asswage the pain , ( which in the present circumstances cannot be don without toleration ) but wholly to remove the distemper , is to introduce such a fixt method of education , as may imprint on our minds , tru and early notions of virtu and religion . the parliament have lately begun to look into the practice of piety , and to prevent or lessen prophanation and debaucheries have enacted , that hackney-coaches ( it had bin more equal if al had bin under the penalty , ) shal after the iewish manner of sabbath , rest from labor : i wish , they woud now be pleased , to take care the people keep the christian-sabbath as they ought ; not so much in a rest from bodily labor , as from sin , the greater toyl of the soul ; to which , they are oblig'd by every days duty ; the use of the seventh , above the rest , seeming to be set apart for returning thanks for blessings , and for exhortations effective of holiness and a good life : the duty of that day is not fulfil●d , by hearing a quaint-man preach himself , not christ ; policy , not morality ; confute the pope , the calvinist , or the arminian , the presbyterian or the episcopal — such discourses engender nothing but strife , and tend not to edification ; they are the vain traditions of men , in which we shoud quicly find , did we but seriously consider , that there was nothing of that faith , without which we cannot please , nor of that holyness , without which no man shal see god : and , since the parliament by that last mention'd act , have begun to tythe mint and commin ; t is to be hoped , they wil go on , and not leave the weightier things of the law undon ; that their wisdoms and their zeal wil be more imploy'd about the power , than the form of godliness , which may for ever be establisht by the following method , or such other as they shal think more agreeable , viz. to make new divisions of parishes , which may with more convenience to the people be don , than as at present they stand , by limiting every parish to the compass of about three miles square , and building a church in the central - place , to hold about a thousand ; and to apportion the parishes in cities at least to the like number of people : this wil reduce the parishes from about ten to a little more than four thousand . to erect schools in every parish , where al the children shal be instructed , in reading , writing , and the first elements of arithmetic and geometry without charge to the parents : whence to the greater schools , to be erected in the dioceses , counties , or hundreds , after the manner of westminster , eaton , or winchester , so many of the ripest and best capacitated as shal suffice for the supply of al callings that make learning a trade ( as divinity , physic , and law ) may be yearly elected , to be train'd up in the further necessary parts of learning , and from thence yearly sent to the universities ; from the universities upon al vacancies , schoolmasters and ministers to be chosen ; the first , not under five and twenty years ; the later , not under thirty ( the age allow'd among the iews for doctors or teachers , and at which our savior began to preach ) ; and both , to be masters of art , before the one be licensed , or the other ordain'd by the bishop ; and none to be ordain'd , before they are secur'd of being noble mens chaplains , or elected to parishes . that the bishoprics be also divided according to convenience and the number of parishes ; that the ministers and school-masters be celibats , not under a vow ( as in the church of rome ) but on condition of quitting their benefices upon marriage , and returning to a lay-life ; for , that of the priests being jure divino being disputed , is therefore ( to say no more ) to our salvation not necessary to be believed ; for , unless they demonstrat the contrary by scripture , the sufficient rule of faith , or by miracles , men wil be apt to believe the story of an indelible character , to be a relic of popery , invented to aggrandize the honor and power of the church , turn'd into a court of rome ; but be it what it wil , 't is plain they can't be greater than st paul , who did not only for convenience of the church , avoid leading about a wife , or a sister , but wrought at his trade after he had received the holy-ghost ; of which it were to be wisht al divines shew'd themselves possest , by a life conformable to that of the holy iesus . but without doubt there wil be enuff found to undertake this calling , on these terms , tho seemingly difficult . by this course , there is a provision made for the incontinency of such of the priests as find themselves flesh and blood ; which if don in the church of rome , woud free it from great scandal . that a book of homilies be compil'd ; for varietie four for every sunday , and two for each festival or holy day . that nothing be inserted , but dehortations from vice and exhortations to virtu , neither controversies nor state affairs so much as oblicly glanc'd upon . that a catechism adapted to the meanest capacity be composed , shewing the duty of christians according to the express words of the text of scripture , without straining or misapplying any one , ( as is don in two many of those now extant ) , and without touching upon any one disputed point . that , al the books of controversial divinity , as wel those in privat hands , as in booksellers , be bought up by the state , and plac'd in the kings-library , or burnt . that , al the commentaries on the bible be reviewed by sober , moderate and learned men ; and as many of them as contain more than what directly tends to the illustration of the text , by recounting the language , customs and ceremonies of the times and places it was writ in , follow the fate of the others . and because it is reasonable to believe , there is no such intire work extant , in imitation of the septuagint translation , there may be seventy appointed for this to be in latin , and for the homilies and catechism in english : which being don , let al the present expositions be sent to the library , or the fire . that the same persons or others be ordered to pick out of the scripture al such passages as tend to the encouragement of a holy life , and to put them into one piece in english for common use . i have heard som sober men wish , that english bibles were not so common , that the ignorant and unwary might not wrest the hard texts to their own destruction , nor to that of the public peace : but you know , i have often told you , i look'd upon the variety of translations out of the original into the vulgar languages , as the best comment . these things being don , to take the printing of books into the state ; it is as necessary as the mint ; false coynage of books has don england more mischief , than ever that of mony did , or wil do ; the licensing of printing , or importing from beyond-sea , wil not otherwise prevent great evil to church and state. that there be but a convenient number of book - sellers permitted ; those to be under obligation , to vend no other books , then such as are printed in this allow'd printing-house , where forrein books with advantage to the public may be reprinted . the hindering forrein coyn from being current , is not so useful and advantageous , as the care in this wil prove , to the kingdom . when things are thus far settled , the bishops ( who are not to be chosen under forty ) are to see , that al ministers , school-masters and church-wardens , do their respective duties ; going about , and visiting parish by parish , as was the antient practice , confirming , after examination , and exhorting al to continu obedient to the laws of god and man ; reprehending and suspending such as they find faulty without favor or affection , the ministers and school-masters , from office and benifice ; the people from the sacraments ( which is every where monthly at least to be administred ) til after repentance express'd in the reformation of their lives . as for the iurisdiction of ecclesiastical courts , because it is a kind of imperium in imperio , and that thro the greatness of the bishops other charge , they cannot officiat in this , to take away and prevent abuses it is to be laid aside ; and other , or the same punishments for the crimes there usually tryable , inflicted in the ordinary courts , upon the bishops , or the minister and church-wardens certificate of the matter of fact ; in whom alone the power of examination shoud reside : and , because the office of bishops , ministers , and school-masters wil be of great labor , none shoud continu in them beyond sixty , nor so long unless they are found fitting : after that age , al of 'um to have a handsom decent retreat in colleges purposely built ; where the superannuated of each province , the emeriti in the christian warfare , may spend the remnant of their days without care , in quiet and devotion . to assist and ease the bishop , there shou'd be , as formerly , rural deans over every ten or twenty parishes . part of the ministers business shou'd be to instruct the boys every saturday in the schools , in al the duties of religion ; to catechize and read the prayers and homilies on sundays in public ; the rest of the week , between the times of prayer to be celebrated twice a-day , to go from house to house , exhorting and dehorting , as occasion requires , visiting the sick , and examining the needs of the poor , reconciling differences between the neighbors , and taking care , that in every family the children , such as are found fit , by the electors appointed , not by the parents blind fondness , be constantly sent to school . after the continued practice of this course , christianity wil again flourish ; the years of the minister wil make him sober and grave , fit to give counsel , which from young men is now despis'd . there wil then be no need of spending time in writing controversies , or studying sermons , which as now preach'd are rarely understandable or useful to the people ; of whom it may be said , the one is always teaching to no purpose , and the other ever learning , and never coming to the knowledg of the truth . the school-masters are not only to be learned , but sober and discreet men ; to be oblig'd never to whip , or beat the boys ; whose faults are to be punished by exercises , by standing mute or kneeling for certain spaces , or by fasting from their victuals , &c. those that are good , to be incouraged by priority of places , by commendatory verses made by the higher forms , &c. the boyes that need beating , are as unfit to be taught , as the man is to teach who uses that tyrannical way , which too much debases the meek-spirited , and makes the sullen more stubborn and il-natur'd . that whatever any persons bestow on the masters be converted to publick charitable uses . the method of teaching to be drawn up by som of the members , ( who , 't is presum'd , wil mix things with words ) and approv'd by the whole royal society ; that confirm'd and al others prohibited by law. that in the universities , none be suffer'd to continu beyond the age of forty-five , nor above two in any one house or colledg after thirty-five . that a new method be likewise fram'd by the same persons for al the liberal arts and sciences ; and that new academies be built for training up young noblemen and gentlemen in those exercises , which to the shame and loss of england are now learnt in france . that handsom and sufficient salaries be fixt , and paid out of the public revenu , according to every mans quality : bishops equal to one another , deans to deans , ministers and school-masters to each other : and these to be chosen gradually , as the pure consideration of merit shall invite the electors . and to inable the public as wel in paying these salaries , as in building of schools , churches , colledges and hospitals , the whole revenues of the church , free-schools , universities , and hospitals shoud at the highest valu be annex'd to the crown , or sould to others that wil give more ; the overplus sav'd by this new model , and the mony they woud yield beyond any other land of england , in regard the annual rent is not a fourth of the real valu , and yet may be ordered equally advantageous to the tenants , as the fines now make them , woud complete this work. thus converting the patrimony of the church woud be no sacriledg , the pious use is carryed on to the good of al ; and perhaps as first desin'd by the donors , when provision for wives and children , not in being , coud not be thought of ; the care of whom distract many from their duty , and dis-able them from keeping in decent repair the antient monuments of piety built by our ancestors . but all these things to be don , without the least prejudice to the present incumbents . when education is thus setled , the duty and interest of church-men , and their care of wives and children removed , plurality of livings , and simony prevented , as wel that of friendship , of the smock , marrying of cousens neeces , crooked sisters , or ladie 's women , as that of the purse ; al which in themselves are equally criminous , none but good men wil undertake the charge : and then the objections wil vanish which loose education has infused into the wild and foolish , viz. that religion is a cheat , a tric of state ; that the parson follows christ for the loaves ; speaks as does the lawyer in his trade , not that there 's any truth in 't , but because he has bosin lingua , &c. to do this , is neither so strange , nor so difficult , as was the greater alteration made by henry the eighth ; who had not in story bin so infamous tho he had seized on the whole temporalities of the church , had he but thus disposed of som part . and by the way you may take notice , that the house of commons in this point had been cromwels in the sixth and eleventh years of henry the fourth , who upon their advice had seized the churches patrimony , had they not by friends and mony prevented the blow ; and that de facto , several bishoprics and livings were injoy'd by som of his predecessors , which appears not onely from history , but from printed acts of parliament . that it wil be no hard matter , from graunts observations , and the bils of mortality , to make a computation of the numbers necessary to be sent yearly to the universities , for divinity , law , and physic : the last of which ought so to be regulated , as not to suffer any to kil ( rather than cure , ) which is daily don in london , and other parts of the kingdom , to the prejudice and scandal of that honorable and somtimes useful profession , to the loss of the peoples mony and lives , to the maintaining of many idle , and ignorant mountebancs , and impostors , who to the greater advantage of the common-wealth , might be employed , in more safe and beneficial trades or ways of living . this course wil also prevent such evil consequences in church and state , as formerly attended the superfaetations of the clergy , and the breeding up of servitors and poor scholars ( as they wel cal them ) in the universities ; who being generally of mean birth , and no less mean parts , and the attendance upon their masters not suffering them so wel to attend their studies ; and their subsistance by service failing them after they had staied at the university , no longer than to incapacitat and unfit them for any other way of living , and yet not to qualify them for turning preachers , however , having chopt a little logic and disputed of ens rationis , and so fancying they coud build castles in the aire , they assume the confidence to conclude , they cannot miss of habitations on the earth , and so from the lowest of the people , getting to be put into the priests office for a peece of bread , they becom a great cause of , as wel as they are in effect , the contempt of the clergy . and those for want of knowledg , lay their foundations in erroneous doctrines , in which nevertheless they coud not succeed , but by pretending an extraordinary mesure of saint-ship or holiness , railing at the sins and abuses of the times , which themselves have occasion'd . thus they creep into houses , and first lead silly women , and then their husbands captive , as adam by eves perswasion eating the forbidden fruit til he surfited and died , so these ignorant zelots not content in king iames his time and the beginning of king charles the first , to rob the kingdom of many families , til at last , they made themselves the boutefeus of the late horrid rebellion ; which tho it may be said , to have been principally occasion'd , by such as these , yet not without som episcopal mens having a finger in the pie : for , to say truth , i know not whether the too great stifness in the one , for their old , or in the other , against those formes , was most blameable . but this i know that by the collision of both parties , as of flints , a fire was kindled not unlike that in the tayles of samsons foxes , which proved as destructive of the expectations of profit each had of their own crop , as the other did to the philistines corn ; yet had the evil of that , not extended to any others , but those of the pulpit , we might now have talk'd on 't without much regret . what ever such violent disputes , have formerly been able to do , 't is my duty to wish , and yours to endeavor , that england be no more the stage of such tragedies . refraine not counsel when it may do good , and be not backward in advising that toleration is the first step , and education the next that perfectly leads the way to peace and happiness . this cours being taken , we shal have no cause to dispair , but that religion wil again resume its naked truth , that the doctrines of men wil be judged better or worse , as they more or less incline to holiness of living ; and thus being reduced to a calmness within our selves , we need not fear the designes of forrainers . of whom none , but france , can be supposed to have any upon england ; and if that be granted , why may it not be prevented , by observing stil the same rules of policy , which this crown formerly practised ; that was , so holding the ballance between the then two contending powers of spain and france , that neither shoud be able to obtain their aims , the universal monarchy of the west ? but now the case is alter'd , in that spain being much weakned by the accession of the west-indies , and grasping more than it coud wel hold in other countries , has quitted the field , and left france without a rival : so that the present interest of england seems to be the same with that of al europe , viz. to oppose by al possible means the growing greatness of france ; and reduce that crown to such a condition , as may not leave it in his power to hurt his neighbors . by what they have already compassed , one may guess they wil ere long bring about , if not timely stopt , their long design'd ambitious purposes : in the prosecution of which , they were in the late times of usurpation , the under-hand instrument of the war with holland , as they were of the two following , in sixty-five and seventy-one , blowing up the feuds on both sides , pretending to take part with each , but not really purposing it with either . having the same desine of weakning both parties , as the brittains formerly had , in throwing a bone of contention between the picts and scots , that they might in the end be the better able to overcom both ; in the mean time the french king gain'd an opportunity of building ships of war , and training up seamen , of which he was before destitute ; so that had not these quarrels , and our late civil wars given him a pretence of increasing his maritin power , we might stil , even by threats of burning the ships upon the stocks , or in the harbors , as did queen elizabeth , have kept that people under , and our selves from fear : but since by unavoidable accidents , the dice are so thrown , as that the fore is lost , let 's use the best of our art and skill , to retreive an after-game . there is no need to attempt the proof of what is as evident as the sun at noon-day , that the french king has a power great enuff , considering the present circumstances of europe , to make him hope , and al others dread his effecting that old define , which has bin the end of al actions of that crown for many years past ; which before he coud put in execution , his great obstacle and rival the spaniard was to be removed out of the way ; in order to which he judg'd necessary to fortify himself with some allyes , and engage others newters ; but foreseeing it was the interest of england and holland to oppose the one and assist the other , and therfore despairing to prevail upon either , he contriv'd to make both fall out ; not long after he took the advantage of unexpectedly invading the spanish netherlands , even while his agent then in spain was perswading that crown of his masters good intentions to continue in intire peace and amity with them . the consequence of which we wisely foreseeing , occasion'd our setting on foot the tripple league in the year . by which a stop was put to his further progress . and now perceiving himself disapointed , he makes various attempts in the years and , to invite england to break that alliance ; but finding his fineness vain , he oblicly endeavors it , by renewing the old , and inventing new grounds of quarrels , by such agents and pensioners in the state of holland , as his wealth had purchas'd ; which at last made them commit such insolence , against the honor of this crown , and the interest of the people in point of trade , as brought upon 'um the last fatal war , into which he no sooner drew the hollanders , than he rush'd into the very heart of their country . this sudden event made them confess their error , and our king the sooner to conclude a peace . the parliament was then and since very desirous his majesty shoud ingage with the dutch and spaniards against france ; and without doubt he knew it woud be his interest so to do ; but not at that time ; for tho the undoubted prerogative of the kings of england intitle them to make war and peace , he did not wave the former , because the parliament urged it , as the malicious suggest , but because he saw it not convenient . 't is tru the kings of england have bin pleas'd , to advise in such matters with their parliaments ; but that was an act of grace , and condescension , and ought not now ( if at al ) to be insisted on , so as to deny the king that liberty , which as a man he cannot want , that of examining and approving or disapproving what his great council shoud advise : for no man in his wits wil dream , the lords and commons have a power of imposing what they please upon the king , when without his assent , they have neither power nor right to make any act. the king considered , that peace is the happiness of a kingdom ; that war being a real evil , is never to be undertaken , but to avoid a greater ; that his treasures were exhausted by the war just finisht ; that his people had not recover'd their losses , by the plague , fire , and wars , and therfore were unable to bear the burden of heavy taxes , which of necessity must have bin imposed , to carry on a new one ; for which great preparations ought to be made , both of men , mony and shipping ; the former were no less wanting , than the last much impaired and diminish't . he consider'd , that the french king had not only bin amassing great treasure for many , but had also bin three years training up an army in al the disciplines of war , that it was necessary , before one king entred into a war , to compare his own and the others strength , whether with ten he were able to meet him with twenty thousand : that he ought to make alliances , and to have cautionary towns , before we declared our selves enemies ; that so great a desine was not to be made public , before things were ripe , least the dutch and french might clap up a peace , and that potent king turn against us the fury of his arms , for whom certainly in those circumstances , we shoud have bin a very unequal match . i am perswaded , that these , with other much wiser considerations not obvious to every man , convinced the king a war was on no score at that time seasonable : and to this opinion i am mov'd , by my sense , that the king coud not but reflect , that when the french king had subjected al the rest of europe , he woud not fail to ad england to his conquests , in which our kings losse must needs be greater than his subjects ; for it is unreasonable to think , that tru policy woud let the french king suffer any of the royal family , especially the king of england and france ( at whose title and arms-bearing he is not a little offended ) to outlive the loss of the crown ; since he coud not but believe , they woud be perpetually endeavouring , the regaining their own right : for tho subjection be unequal to al , 't is not so intolerable to any , as to those us'd to govern : and therfore t is an idle and and senseless inconsiderat fancy , to imagin the king and duke coud forget their own interest , or be frenchifi'd upon any promise or bargain , as is maliciously insinuated , that they might be more absolute , which can't possibly be in their thoughts or wishes . who know that , between kings or states , covenants are binding no longer than convenient ; that the french king has ever shewn , that his interest only or his wil is the rule of convenience . that he that makes war for his glory , has more ambition to put his chains upon princes , than on the people : his thoughts are as large as any of the roman emperors , and they esteemd it a greater glory to lead one king in triumph , than many thousands subjects of several kingdoms . and it is not to be suppos'd that the natural strength and situation of england , can be a sufficient defence against the power of france , when to that he has already , is added that of all the rest of europe , unless you can dream they may have a fleet greater than all , and may at once resist , by those walls , the invasion of others , and defend their merchant-men at sea ; which if not don , without an invasion , by spoiling the trade , england will be destroy'd , or which is altogether as bad , be render'd very poor and inconsiderable . and that this has bin his majestyes sense , may be guess'd by the progress he has made since the war , mediating a peace as best became a good king , and giveing his subjects an opportunity of enriching themselves , and inabling them to bear the necessary taxes , by ingrossing most of the trade of europe , and at length finding his endeavours ineffective , he prepar'd himself to resist the french desines by force , by providing a fleet , and knowing that he that fights with another must have skil at the same weapons , he suffer'd such of his subjects as were willing ( but on capitulations to return when he pleased ) to serve either the confederates or the french , not only to be fitted to lead others , but also to understand the new arts of fighting , which are greatly alter'd from what they were in former times . the king having thus prepared things , i hear he is so far from being backward to declare war with france , that he wil gladly do it , if his parliament wil but find out a sufficient means for carrying it on effectually : which i apprehend must not be ordinary , for that the war , if undertaken , is like to be of long continuance , and you wil guess that 't is no longer to be delay'd , if you wil but bring before your eyes , the danger we and all europe are expos'd to , by comparing the present power of france with what it was in the days of francis the first , and observing what he was then able to do , when assaulted by charles the fifth , who was not only emperor , but had all the power of spain , the seventeen provinces , of naples , sicily , sardinia , the dukedom of milan , and the riches of the west-indies , who was as wise , couragious , and fortunat a captain , as most ages of the world have known ; one who manag'd his own councils , & like alexander in every action appear'd at the head of his army ; who had above a hundred thousand wel disciplin'd men , led by many great and experienc'd commanders ; who was able , by a mighty naval power , to begirt france on both sides , from flanders and from spain . yet at that time france courting the same mistriss , the universal monarchy , was so powerful a rival , that he durst not attempt his removal out of the way of his ambition , without the aid and assistance of henry the eighth , the pope , and several princes of italy ; nor even then did he think himself secure , til he had drawn to a defection , charles duke of bourbon , the most considerable prince of france . and yet after all , he was forc'd to clap up an accommodation , on terms sufficiently advantageous to that crown . if so mighty a power , and so united , coud not prevail against francis the first , how unlikly is it to resist lewis the fourteenth , a much greater prince , when that power is now so much lessen'd , by being broken and divided into several hands ? when the emperor gives himself up more to devotion , than martial or state-affairs ? when the king of spain is a youth of sixteen , and when the seventeen provinces are canton'd between the spaniard and the states general ? when these several divisions and interests occasion long debates , different opinions , and slowness in preparation and action ? when all that was formerly manag'd by one single head , is by these accidents brought under the conduct of several governors , of whom , it 's possible , som may prefer their privat advantages to the interests of their masters ? this has made som conjecture , the french king has open'd more gates with silver keys , than by force of arms ; and has induc'd others to conclude , that the confederates wil hardly be able to defend the remainder of the spanish netherlands , another campagne , if not assisted by the joynt power of the rest of europe : this you wil easily believe , not to be ill grounded , if you consider the present greatness of france ; lewis has about four times the revenu francis had , and at least four times the army : nay rather , all his people are now in a manner souldiers ; 't is not only scandalous , but a vain attempt , for any gentleman there to make court for a wife , before he has serv'd a campaign or two , nor are any of the nobless sufferd to live at ease in the country , that do not go , or send som of their sons to the war. these practises enabl'd him last summer , in fifteen days to send forty-five thousand gentlemen , with their servants , at their own charge to raise the siege of charleroy . and to make the monarchy more absolute , matters have bin so order'd , that their parliaments are become ordinary courts of iustice , and have no other laws than the edicts of the prince's wil ; and if at any time , he condescends in formality to assemble the three estates ( who had in francis the first 's time the power of parliaments ) 't is but to tel them by his chancellor , the king wils you do thus or thus , you are not to advise or dispute , but immediatly ratify his commands , which accordingly are obey'd , as the effects of a despotic power . in the beginning of the year , he was not able to man out twenty ships of war , and now he has about two hundred ; he has not only vast treasures heaped together , but the strings of all the purses of his slaves rather than subjects in his own hands . if without any assistance he has already gain'd lorrain , franche comte , a great part of flanders , and no inconsiderable footing in germany and sicily , and in the beginning of the last campaigne three such strong holds , as valenciennes , st. omer , and cambray ; the weakest of which , most men thought , woud at least have made him whole a summers work , what wil he not be able to compass , against the rest of europe , when he has got the accession of germany , and all the low-countryes , to that already too boundless power by which he has fetter'd his own people , and subjected them to an absolute vassalage ? wil other nations expect better terms , than he has given his own ? 't is wel if he wil allow them even canvas and sabows . but above all , what can england hope , having for many years forc'd him to check the reins of his ambition , and is , i presume at this time ready to put on the caveson . books have already bin printed shewing his pretentions to this country , which , tho weak and silly , may help to spur him on in the pursuit of his glory . nor can less be expected from those , who by a confederacy with the late usurpers , gave an opportunity of taking away the life of the first charles , and of pursuing that of the second , to whom his own cousin german unhospitably deny'd the continuance of a retreat , when the vicissitudes of human affairs , to make him afterwards appear more glorious , vail'd him in clouds of misfortunes . what can be hop'd from him who contriv'd that never to be forgotten affront of burning our ships at chattam , and who is said to have had no smal hand in the firing of london : who tho stil'd the most christian , declares as an unalterable maxim , no treaty binding longer than it consists with his interest , not founded on religion , or reason , but on glory ? the very heathens were anciently , and the turks at this day are more punctual to their oaths and promises , the falsifying of any thing confirm'd by the adiuration of their gods , or mahomet , was , and is accounted infamous . but what treaties , or capitulations can be reckon'd which the french ministers have not violated ? have they not broken the famous pyrenean treaty , confirmd by oaths and sacraments ? and contrary to a solemn renunciation and the double ties of blood and marriage , before a breach complain'd of , or a war declar'd , invaded the territoryes of an infant king ? have not they by address , and cunning , by bribes and rewards , endeavored to corrupt most of the ministers of europe ? such practises amongst privat christians woud be abominable , and much more so , between any kings not stil'd the most christian. do they not publicly abet the proceedings of the rebels in hungary against their lawful prince ? and whatever the pope may be induc'd to beleive , not for the propagation of the romish religion ( for they are protestants ) but to serve his own ambitious purposes of enslaving the world ; of which , rather than fail , he has decreed to bring in the turk , in whose courts also he has found arts to make his coyn current . nor is the infallible man whom he has already pillard to scape him , at least as to the temporal part of his power , for not thinking that affront great enuff , and concluding , he has not as he ought , imploy'd it for the french interest , he is said to have privatly vow'd not only the lessening , but the abrogating of that great authority , in which his predecessors pepin and charlemain's charity had vested him . nor is his countenanceing the iansenists , a sect more dangerous to the see of rome , than that of luther or calvin , a smal argument , that he intends to pul down his spiritual grandeur , by fixing it in a gallican patriarch . but to com nearer home , have not the french had a main hand in our civil wars , and were they not since the secret instruments of spilling the blood of many thousands of our fellow subjects ? to som of whom , tho now they pretend civility , 't is not to give them a share in their glory , so much as to hazard their lives , making them steps to the throne of an unjust empire ; in order to which , they have expos'd them on all occasions , in hopes by weakning us , to remove out of their way the greatest block which has already given them check , and wil now i hope stop their carreir and mate them . and is it not time think you , that all the princes in christendom , for their common safety , shoud unite , not only to chase the french king out of his new conquests , but confine him to his ancient dominion and manner of government ? if this be not speedily put in execution , i may without the spirit of prophecy foretel , som of the princes of germany and italy who now seem unconcern'd , wil when 't is too late repent the oversight : the fire is already kindled in their neighborhood , and if they do not help to quench the flame , they wil quicly see their own dwellings laid in dust and ashes . every new acquist and accession of power inlarges our desires , and makes the ambitious man think , that which before seem'd not only difficult , but impossible , to be very plain and feasible ; the success of the french has already made them think no enterprise too hard , and and stil prompts them to push on their good fortune , which nothing can withstand but a general opposition of other princes . you see then , 't is not so much honor nor friendship , nor a desire of succorring the injur'd and oppressed , that invites the rest of europe , to the assistance of the netherlands , but the care and preservation of their laws and liberties , their glory , and their fortunes : and tho i am apt to believe on englands entring into the league , the french king woud gladly conclude a peace : yet i can't but think the doing so , woud be against the common interest , on any other terms , than quitting all his new acquisitions , and even then the confederats wil be out in policy , if they do not stil continue in a posture of defence , both by sea and land. the dutch paid dear for the contrary practise , and their sufferings in wil convince them and others , that so long as lewis the fourteenth lives , his neighbors must not expect to sleep in quiet ; they cannot prudently hope , his future practises wil be more just , than his former ; he that has already broke thro so many obligations of oaths and treatyes , is likely to do so agen ; whoever cannot be kept within bounds by the sense of reason and iustice , wil despise the weaker tyes of forced oaths ; for he that avows power to be the rule , and strength the law of iustice , wil not stick to say , this peace was an imposition , an unjust restraint of the lawful pursuit of his greatness . and therefore as soon as he gives his wearyed armies a breathing time , and sees the confederates dispers'd , and their troops disbanded , he wil like an unexpected torrent break-in upon som of his neighbors . the common inscription of his cannons ratio ultima regum , is by him inverted to a contrary sense , and made a public warning to mankind , that he desines , as god did of old , to give law to the world in thunder and lightening , to scatter by the flames of his artillery al those clouds of the confederat forces that intercept and eclipse the rayes of his glory . he makes the power of his arms his first and last reason : he do's not only pursu , but commonly wounds his adversary before he declares him such , or gives him leisure to draw . first invades a prince's territories , and after sets up his title and cause of the war ; is not concern'd that all the world observes the pretence is false and trifling , vain and unjust , warranted by no other reason than that of absolute and unbounded wil , that he wil do so , because he wil ; which is the foundation and conclusion of all his actions and wars abroad , as wel as of his laws and edicts at home , express'd in these imperious words , tel est nostre plaisir . he do's not only tread in the steps , but out-go one of his predecessors , who in a quarrel with his holiness , sent him word , that what he coud not justify by cannon-law , he woud by the law of the cannon . his device the sun in its meridian with his motto non pluribus impar , sufficiently shews his intentions for the universal monarchy , and the haughty opinion he conceives , of his being the only person qualify'd for the goverment of more worlds than one , declares his resolutions of admitting no rivals in soverainty , looking upon all other princes but as so many smaller stars , or wandering planets compar'd with him the sun ; from whom after the antiquated and justly exploded opinion of som philosophers , they are to receive their borrowed light or power , as it shal please his mightiness to dispense : so that crowned heads , princes and republics , as wel as their subjects , are to expect the same meat that of slavery ; and tho that be not sweet , yet the sawce wil be sorer , poinant to all , tho perhaps a little differenc'd ; the former may be allow'd golden , while the later are to be manacled with iron-chains . in order hereunto , his ambition has made him resolve the conquering of the world after the example of alexander , whose title of great as an earnest of his future hopes , he has already assum'd . he has vow'd to make himself as famous to posterity , by his sword , tho not by his pen , as caesar has don : that paris shal give law to the universe , as rome once did , and that the ocean shal yield no less to the sene , than formerly it did to tyber . now if england , which alone is able to do it , prevents the execution of these vast purposes , what can we expect , but that one time or other , he wil seek a revenge ; and notwithstanding his promises and solem confirmations of peace , try against us the success of his arms , and by numbers endeavour for this mighty insolence , to chastise those , for whom even their own histories wil convince them , they are man to man a very unequal match . the dis-banding his forces for the present , is far from being a security , since he may raise them again at his pleasure . nor indeed do i imagin , he wil discharge his armies , since that were to give them an opportunity of rebelling , for which he is sensible , his people are sufficiently prepar'd , and only want either domestic heads and partisans , or forrein assistance , to rescu themselves from tyranny and oppression . and is it fit , while so potent and so near a monarch is in arms , that we sh●ud stand with our hands in our pockets ? no , i am perswaded , tho a present peace shoud be concluded , that the king and his ministers , wil think it for the common safety , and the particular interest of england , not only to enter with the confederats into a strict allyance offensive and defensive , but also , to put themselves into a posture of war both at sea and land. the end of war is peace , but a peace with france seems to me to be the beginning of war , or ( at least ) a preparation for one ; and i must ingenuously profess , tho war be a great evil , yet from all appearances , i dread the consequences of a peace more , for that without great care , it wil be of the two , the most fatal to england : but this consideration , as most fit , i leave to my superiors , and wil only ask you , whether before we engage in a war abroad , it be not fit , to secure a peace at home ? to reconcile by toleration , our differences in point of religion , that the french emissaries , or others , may not be able to strike fire into the tinder already prepared for the least spark . it must not be forgot , that , to divert or disable queen elizabeth from assisting france , or def●nding holland , phillip the second of spain incouraged and assisted tyrone , to rebel in ireland ; that in the long war between us and france , it was the frequent practice of that crown to incite the scots to make incursions upon us ; and i presume , it wil be consider'd , whether some ambitious men of that kingdom may not influence the people to favor or side with a prince who maintains great numbers of their nation , by the considerations that they are now but a province , that england denyes them an equal freedom in traffic ; that they may have better terms from the french in that and religion , in which by denyal of liberty they seem dis-satisfy'd . tho such persons can't possibly work on the wise , the considerative of the people , yet sure it were not improper to study a course , to prevent the unthinking croud , the rabbles being deluded by such fals and groundless pretensions ; which in my opinion are with more care to be provided against in ireland , where 't is said those and other motives may be urged : for there are computed to be in that kingdom about eleven hundred thousand persons , of which are irish , and of them above , born to estates , dispossest ; these for their losses , and others for restraint in matters of religion , are discontented , not considering their own rebellion occasion'd their ruin : ( by their murmurings i perceive let the sentence be never so just , it wil not hinder the condemn'd from railing against the judg : ) that , besides their suffering in estate and religion , they are yet further beyond the scots renderd uncapable of injoying any office or power military , or civil , either in their native , or any other , of their princes countryes ; their folly having thus reduced them to a condition more like that of slaves than subjects , many of the gentry go frequently into other kingdoms , but most into france , who may possibly be incouraged to return to move the people to a new sedition , especially if they can give them assurance of forrein assistance . the king wisely foreseeing this , directed in . his late vigilant and prudent vicegerent the earl of essex , to disarm the irish papists , and netwithstanding the exact execution of that command , it s said that his majesty intends to put himself to the further charge of increasing his army in that kingdom , beyond what now it is , and to appoint a considerable squadron of ships to guard and defend its coasts from any attempts of invasion , without which there is not the least fear of any intestine commotions . this , with the charge he has bin at in erecting a new fort in the harbor of kinsale , the most likely place to prevent the entring of any forrein power into that country , shews he has bin watchful to secure himself and people against the french desines . and now i touch upon ireland , i have heard som say , that it is not only convenient but necessary , to unite that kingdom to this , to make a new division of shires , to send only so many members to parliament , as coud no more join to out-vote us , than cornwal and devonshire with two or three other countyes : but i see not if they were thus made one , wherein their interest woud be different from ours ; many rather think they woud be losers by the bargain . others fancy pointings act shoud be repeal'd , that at first , tho a trick , it was necessary ; but now is not , all the power and almost all the land , being devolved upon such as are mediatly or immediatly english , and protestants ; and that by an easy contrivance , they might be still oblig'd to a dependence on the crown of england ; by which , it s said , if they are always so kept under , as to be no more than hewers of wood and drawers of water , they may in future ages be incouraged to a defection , and either set up a power of their own , or invite a forreiner , which might prove of ill consequence to england ; for the harbours and situation of ireland lying more convenient for trade , makes it that way , or otherwise , a ready inlet to the conquest of england . the people there , stomach the prejudice , in point of commerce , desined , tho not effected , by the acts against their cattle , navigation , and plantation trade ; by the first they are said to have gaind vastly , by an increase in woollen and linnen manufactures , in shipping and forrain traffic , to the great prejudice of england : and i have bin credibly inform'd , by a person who examin'd it , that they have gaind communibus annis , forty thousand pounds sterling yearly , by the exported commodities of beef , tallow , hides , butter , and wool , yeelding so much more , after the passing that act , than they and the cattle did before , when transported together . and if the irish , of which there are few pure families left , have som pretence to the kings favour , as he is lineally descended from fergutius , second son of the then reigning king of ireland , and first of scotland , which was anciently peopled from thence , the english there claim greater share in his majesties grace , and say of right , they ought to be accounted but the younger brothers of england . i coud wish with all my heart , the story were tru , i had from an irish gentleman in france , that his countrey-men were so pleased , that they were at last govern'd by a king descended from their own blood royal , that they had resolved , to pay his majesty and the successors of his line , the allegiance due from natural born subjects , not from a conquer'd people , which they now no more esteem themselves , nor desire to be accounted by others : how much of this may be tru you and i know not , but this i think , if all the natives were oblig'd to speak english , and all call'd by the name of the english of , ireland , and allow'd equal privileges in trade , the same usages and customs , begetting a harmony in humor , that rancor might in time be remov'd , which from a sense of being conquer'd renders them now troublesom and chargeable to this kingdom . this was design'd in part by queen elizabeth , and king iames , and perhaps had bin effected for the whole , but that the irish coud not be said to have bin fully conqer'd before the tenth year of his reign , which was after the making of those statutes . it woud be , i confess , an advantage to england , to be freed from the charge and necessity of keeping that kingdom under by a constant army ; and considering the inconveniences this nation has suffer'd , by their frequent wars and rebellions , their gain woud be more , if they had never conquer'd the countrey , in which the losses of the english coud perhaps be never better compensated , than by sinking it , if possible under water . the accession of so much people unto england , might make som reparation , for the greater number which to our own impoverishment we have sent thither . i have dwelt the longer , upon the considerations of scotland and ireland , to shew the frenchman may be mistaken , who , about ten or twelve years since , publisht a book of politics , chalking out the way for the french kings gaining the universal monarchy ( in immitation of campanella to philip the second on the same subject ) wherein , after several insufferable slights and indignities , intolerable base , false and malicious characters thrown and fixt upon the english , he tells it will be an easy task to overcome them ( but in the last place ) by sowing divisions among the king of englands subjects , especially those of scotland and ireland ; by false insinuations , jealousies and fears of popery and arbitrary government , &c. the prevention wherof wil be his majestyes particular care , and the parliaments , to inable him to carry on this great work of our common safety , against the common enemy the disturber of the peace of christendom by finding out an easy and sufficient fond , which naturally brings me to the consideration of taxes , allow'd by all understanding men , as absolutly necessary for the support of the body politic , as meat and drink for the natural : but what kinds are best , has been much disputed : before i descend to particulars , it is not amiss to observe in general , that no taxes can be just or safe , which are not equal . all subjects , as wel the meanest , as the greatest , are alike concern'd in the common safety ; and therefore shoud , according to their respective interests of riches or enjoyments , bear the charge in equal proportions : the contrary practice must of necessity beget murmurings and discontents , which seldom ending in words , proceed higher to blows , dividing the oppressed against the others , which wil certainly disquiet and disturb , and may probably ruin both . that all taxes shoud be proportion'd to the necessities of state ; that in computing these , the error , if any must be , is safer on the right hand , than in defect ; because the overplus may be order'd to other good public uses . that when taxes are made equal to the people , and proportionat to the charges of the public , 't is much more for the subjects ease , and the common safety , that they be made perpetual , than temporary : for , if the means of securing our selves against all the dangers to which we are expos'd , be not sufficient , we must undoubtedly yield our selves up to the mercy of our enemies , or suffer much vexation , in parting with further supplies from time to time , out of that substance , which nature or our own almost equally binding customes , have made but just enuff for the support of our selves and families ; either of which is very grievous : and because the event is uncertain , 't is hard to determin , which of the two is most destructive to the pleasures of life ; for he that says , the choice is easy , in that your enemies may take away your life , the other course does but render it miserable ; is in my opinion much mistaken , it being more eligible to have no sense at all , than to have it only to endure pain : for life is in it self a thing indifferent , neither good nor bad , but as it is the subject of pleasing or unpleasing perceptions ; and is then better or worse , as it has more or less of the one or the other : so that the proper question is not , whether it be better to live or not to live ? but , whether misery be preferable to no misery ? to which , not only reason but sense is able to give a satisfactory answer . you see then , that if the taxes fal short of their end , we are expos'd to great miseries ; and therfore to exceed is fafer , especially when things may be so order'd , that after the occasions are supply'd , the surplusage may be refunded , or imploy'd in the way of a banc or lombard , or public trade , as fishing or cloathing , &c. the first as an unexpected gift , wil be very grateful to the people , and the other wil not be less benificial because it must encrease their riches , and be a fond without new taxes for any future emergencies . that perpetuating the revenu is most easy for the people , and most convenient for public ends , wil farther appear from these following considerations ; that an equal tax tho greater than is needful , so the money be not hoarded up to hinder trade , but issued as fast as it comes in , for necessaries within the country , however it may for the present make som alterations in particular families , do's not impoverish the whole : for riches , as power , consisting in comparison , all , equally retrenching som part of their expences , remain as rich as they were before . this retrenchment may at first seem unpleasant and stomacful to those who think what they have little enuff for their privat expence ; but such ought to consider , if they refuse to part with som , they wil infallibly lose all ; that instead of being a free people , they may becom slaves , and wil not then have it in their power to keep ought of what they cal their own ; have no liberty or property , but at the pleasure of their conquering tryumphant lord and master : that then they wil be dealt with like beasts , now they have the liberty of rational men , i. e. of choosing with the wise merchant in a storm , to throw som of his goods over-board , to secure his life , and the rest of his fortune . when by prudent rules of oeconomy and temperance , they have par'd off those great extravagancies men are now given to , in cloaths , in meat and drink , &c. to the decay of their healths , and shortning of their lives , and have proportion'd their layings-out to their comings-in , what for the present seems so hard , wil becom very easy , and be hereafter no more felt , than the payment of tythes now ; which without doubt wrought the same effect at first , as this may be suppos'd to do . but what is yet much better , they wil make us rich ; for i am convinced , that the great taxes in the united netherlands have bin the chiefest cause of their great wealth ; and tho this be no smal paradox , and perhaps a new one , i am fully perswaded it contains a great truth ; for their great taxes necessitated great industry and frugality , and these becoming habitual , coud not but produce wealth ; especially considering that the product of labor is more valuable to the kingdom than the land , and all other personal estate , which i wil shew under the particular of trade . when the taxes are less than serve , or to last but for a time , those who do not make their expences short of their in-comes , but think they may without prejudice make both ends meet ; or if they exceed so soon as that proportion which now goes to the public comes in , it wil make things even again ; do not consider , how difficult it is to fal , and that in the mean time an accident may happen , that not only requires the continuance of the temporary , but also of imposing new and greater taxes : then , when perhaps it 's too late , they cry out , they are ruin'd , and undon ; and indeed , the case seems hard , yet can't be avoided . therefore to answer our present needs , and prevent for the future such great evils , the taxes are to be made perpetual ; so we being under a necessity of adjusting our privat affairs accordingly , a little time wil make them habitual to us , and insensible to our posterity : for , that if they be not perpetual , but to determin at certain or uncertain periods of time , they do not only becom uneasy to the subject , but inconvenient for the publick security , which may suffer much at home and abroad in the interval , before new supplies can be legally rais'd . i do not doubt , but you and your fellow-members , have it in yout thoughts , that all the customs and half the excise cease upon the death of our soverain , for whose long life every good subject is bound by interest no less than duty , heartily to pray ; but is it not to be remembred , that the period of humane life is uncertain , tho that of our evil which may thereupon insue , be not ; the occasions of our expence continuing , tho the means of supporting them fail ; that before a parliament can be conven'd , those others may be increas'd , because in the mean time the merchants wil fil the kingdom with goods , and sel them at the same rates they now do , reckoning that a lucky hit , and so anticipate the markets for two three or more years , with all manner of staple commodities , linnen , silk , salt , &c. which they have near at hand ; and with what perishable commodityes , they can procure , for as long a term as they wil last , and perhaps covetously and foolishly for a longer ; thus the people wil pay and lose , and yet the state grow poor , as wel for the present , as future , while the merchants only , the overhasty and immature , wil have the profit : and tho they talk loudest , the consumptioner stil pays the duty , and that with interest . in proportioning of taxes , we must have recourse to the necessities of the charge , which in my sence of things ought to extend to all that relate to us as single persons , in matters of right or wrong , as law , &c. as wel as to what concerns us , with reference to the whole in our public occasions , as of peace or war , forrein or domestic ; for i hold it altogether as reasonable , that the public shoud pay all those officers who promote and distribute iustice , as wel as those others now paid by the state ; in proportion to which , i hope our governors wil consider what wil suffice , for the management of all affairs that any way conduce to the joynt good of the whole body politic , and when that is known and fixt , leave the rest to our own particular disposal . but in this proportioning of taxes , we must rather look forward than backward . our home occasions are easily judged , but those abroad must be taken by other measures , the former use of mony compar'd with its present , the ancient demeans of the crown with what they are now , and the strength and power of our neighbours , especially the french ; concerning whom we are not to forget , that that crown is much more potent than it was heretofore , by the accession of large territories , which , when englands , gave it great aid and assistance in their war : that the expence of one years war in this age , is greater than of twenty in former times ; that then two pence a day woud go further than twenty pence now ; that six or ten thousand men were as considerable an army , as forty or fifty thousand now ; then a smal castle , moat , or ordinary ditch , was a good fortification ; but mighty bastians , large curteines doubly fortified with faussbrais , counterscarps , half moons , redoubts and great variety of other out-works , according to the nature and situation of places , with exquisite skil , and vast expence made and defended , together with the strongest cittadills , are now taken : then the charges of arms & amunition , bows and arrows serving insteed of fire arms , were inconsiderable : that now france has in constant pay above a hundred and twenty som say above two hundred thousand fighting men , whose standing army in former times exceeded not ten thousand , nor so many but on particular occasions ; then a single battle , or at most a summers expedition put an end to a war , no long nor formal sieges to spin out the quarrel . now the whole seene is changed , from what in those days it consisted in ; courage and strength of body , into that where patience in fatigue , dexterity in wit , and mony in purse shal make the coward and the weak an equal match at least , for sinewy and gigantic force . there is no doubt but as many of the english , as luxury and idleness have not softned into effeminacy , have stil as great valour and resolution : but they are to consider , that their old enemys , the french are not the same they formerly were : that they finding their first sa sa , or brisk onset woud not do the feat , and wanting courage to rally , nature having deny'd them bodily strength , but to supply that defect , having given them wit to use stratagems , have quite changed the scene of war , and taken their leave of the old way of venturing body to body . that in queen elizabeth's time , thirty ships , such as perhaps exceeded not our third and fourth rate frigats , were the fleet which gave law to the biggest part of the world , the sea ; and without the help of storms , doubted not to have overcom the too arrogantly styl'd invincible armada . that in those days few besides the kingdom of spain , and state of venice , had any ships of war : that france and holland were then very weak , and all four unable to contend with us : that now the swedes , danes , hamburghers , ostenders , and algerines , &c. have considerable fleets . that the states of the united provinces have much more shipping than the french king , who yet has upwards of two-hundred men of war , and many larger than most in europe , and is every day building more ; and lest he shoud yet have further need , i have an account , he has lately countermanded about fifty sail of st. maloes and haven de grace , merchant-men , of considerable force , bound to new-found-land . if then his power be so vastly increas'd , that as he gives out , he has cash for five years charge , and provisions and forrage for two . that his ordinary revenu in france , not to speak of his new acquisitions , amounts by the most modest computation to above nine millions sterling per annum ; and his country being rich , and the power in his own hands , he may at any time raise what more he pleases : is it not then necessary to consider our own strength , and by sufficient supplies at home , as wel as allies abroad , secure our necks against that yoke with which he threatens to inslave all europe ? nor wil it be amiss for the subject to observe , that the french by fomenting our quarrels forein and domestic , have bin the main occasions of the great taxes and impositions ( necessary appendages of the former ) under which the english nation has groand for these last forty years , even the ship-mony had its rise from the affronts their pride and insolence threw up on us , and they wil yet oblige us to suffer more , unless by the joynt force of our arms and mony in a round and larg supply for the war , we speedily inable our selve's , to revenge our past injuries and their present desines , and so put it out of their power , either by this or any other of their crafty practises , to disturb or hurt us for the future . and 't is to be consider'd , that as the expences abroad are much greater , so they are likewise at home ; that an hundred pound before the eighteenth of edward the third , was equivalent in intrinsic valu to three hundred pound of our now current mony ; their groat being rais'd to our shilling . that our expences are not only far greater than they were in those days , but that our necessary uses require ten times as much as they coud be then suply'd for ; perhaps no less occasion'd by the discovery of the west indy mines ( the plenty of every commodity making it cheap ) than by our own much greater extravagance : whence it is plain , that the present re-venu of the state , even for necessary occasions , ought to exceed the ancient , as thirty does one . and since our great intrest , no less than honor , lies in securing the dominion of the seas , and by that our trade ; our fleet must be answerable to that of our neighbours ; it wil then , allowing the english , man to man , to be a third stronger than the french , seem reasonable , to have an hundred and fifty ships of war in constant readiness . and comparing the charge of the admiralty , by taking an estimat of what it was in queen elizabeths time , and in the beginning of king iames's . , with what it has bin since this kings raign , which if i mistake not , i have bin told by more than your self , was offerd to be made out in parliament , to have bin per annum . but granting it was but , it must follow , that our fleet has bin ten times bigger , than that of king iames , or that the charge is now ten times more ; that if it be yet necessary to inlarge it treble , to make it strong enuff , that wil increase the ordinary annual charge by the first account to , by the last to . and if the building of thirty ships require near p. how much more wil be wanting to compleat the fleet sail , and to continu building every year , with an allowance of one third less , in proportion to the french kings ? by which we can not yet reckon our selves secure from the common foe , without a strict alliance with the germans , dutch and spaniards . if then the ordinary occasions of our fleet require thus much , and the extraordinary a vast addition , the common expenses in every particular above thirty for one , more than in edward the thirds time , when the crown had a large revenu in lands , what wil all need in the extraordinary accidents of war , &c. now when these are almost dwindled into nothing ? but these considerations i leave to the proper persons ; yet , by the by , give me leave to tel you , they were never thought of , by those mal-contents , who have talk'd loud of the great supplies this king has had : this alone cancels the obligation ; he that brags of having don another good turns , pays himself , and does not only free but disoblige the recever : it woud have argued more ingenuity , not to have compared the subsidies of this kings raign , with those of his predecessors , without taking notice , that perhaps his occasions required more , than all theirs did . that dureing the eighteen years he and his father were kept out of their rights , he must have contracted vast debts , for the support of himself , his army and his followers ; that the great revenu of the crown was in a manner gon ; that other kings had squees'd vast sums from their subjects , by loanes , monopolies , &c. of which no mention was made in the computation ; that the building of ships and above four years of such war at sea consum'd more , than any one hundred years war at land , since the conquest . that the consideration of the vast charge dunkirk put the crown to , at least three times more than it yeilded , occasiond the advise of its sale. that tangier has stood the king in very great sums . that til of late , the supporting the charge of irelana helped to drein the exchequer of england ; that the intrinsic valu of one million formerly , was equal to that of three millions now , and in real use to thirty millions ; for the tru intrinsic valu , or worth of mony , is no otherwise to be computed , than according to what it wil purchase for our present consumptions ; which i have reckond to exceed those of old but by ten , tho i have heard others say much more . but that which has made these complaints so loud , has not bin only inconsideration , or perhaps malice , but the inequallity of imposeing the taxes ; those great inconveniencies may be easily obviated for the future , by maki●g and applying to particular uses , such sufficient and equal fonds as are necessary to be setled : i wil only instance in one , that of the customes , which seems originally to have had its rise for that end , & therefore ought to be appropriated to the use of the navy ; i wish it were great enuff , for such as our safety requires . and if this course be taken in apportioning the revenu , the public and privat expences are to be generously computed ; the doing so , wil remove iealousies and distrusts on all sides , the king wil be under no necessity of straining his prerogative , by hearkning to the devices of projectors , the people wil be quiet and at ease ; and then every man may safely sit under his own vine , and his own fig-tree , and enjoy with pleasure the fruits of his labor . if you look into the histories of past ages , you wil find the disputes of the prerogative on one hand , and of liberty on the other , were alwayes founded on the want of mony ; and he that considers the evils that have ensued , wil soon believe it very necessary , to prevent the like for the future , by applying to every use of the crown or state , ( i do not say to the person of the king , whose greatest share is the trouble , while the subjects is security and ease ) a sufficient and perpetual revenu . this act wil beget an intire confidence and love , and so unite us to one another , as wil make it impossible for any storms without , or commotions within , to shake this kingdom , so founded on a rock ; against which , all , who make any attempts , must needs split themselves and fortunes . i have , according to my wonted freedom , given you my thoughts , why i think it more convenient , both for public and privat , that the revenu were sufficient and perpetual : against which , i never met but with one objection , to wit , that if that were don , the king woud not so frequently , if at all , call his parliament : as if there were no use for this great council , but raising of mony : the altering or repealing the old , and making new laws ; the reforming of errors and abuses , in inferior courts of iustice ; the deciding the controversies , those courts coud not , and many other things woud make their meeting necessary ; the king woud see 't were his advantage to cal them often , since besides that there is safety in the multitude of counsellors , all that happens to be severe and harsh , woud light on them , and yet none coud be offended , because the act of the whole : nor coud his majesty but be sensible that all innovations are dangerous in a state ; for it is like a watch , out of which , any one peece lost woud disorder the whole ; that the parliament is the great spring or heart , without which , the body of the common-wealth , coud enjoy neither health nor vigor , life nor motion , that while they mind their duty , in proposeing and advising what is best for king and people , without privat respect , leaving him the undoubted prerogative of kings , of nature and reason , of assenting or dissenting , as he is convinc'd in his conscience , is best for the common good , which is to be his measure in all actions , as the laws are to be the subjects rule ; i see not why it shoud not be his interest , to cal them frequently . that none can be suppos'd to advise the contrary , unless som few great men , to avoid , not so much perhaps the iustice , as the passion , envy and prejudice of som , in that iudicature , to whom they may think themselves obnoxious : but granting this , 't is unreasonable to think , so wise and so good a prince , wil prefer the privat interest , of any single man , tho never so great , before the general good and satisfaction of his people : i shoud rather think , he wil in the words of his royal father , in a speech to his parliament , give in this , a ful assurance , i must conclude , that i seek my peoples happiness , for their slourishing is my greatest glory , and their affection my greatest strength . his majesty wel knows , with what tenderness and love his subjects are to be treated ; that 't is more safe , more pleasing and more easy , to erect his throne over their hearts , than their heads , to be obey'd for love rather than fear ; the dominion , founded on the later , often meets the same fate , with a house built upon the sands ; while that establish'd on the former , continues firm and immovable as a rock : he is not ignorant , that as the multitude of the wise is the welfare of the world , so does the being and wel-being of the english nation , consist in the frequent counsels , deliberations and acts of king and parliament ; in which providence has so blended the king and people's interests , that , like husband and wife , they can never be sunder'd , without mutual inconvenience and unhappiness . the sense and observation of this , makes our king's reign prosperous , and gives him a more glorious title than that of king , viz. the father of the country , and the great god-like preserver of his children's rights and liberties , who , out of a deep sense of duty and gratitude , must own and remember who tels them , that a wise king is the upholding of his people ; and therefore , cannot but pay him even for their own interest , all imaginable loyalty , deference , and respect , giving up their lives and fortunes for his ( or which is all one , their own ) safety , who studies nothing so much as their good and wel-fare . besides , the king has already past an act , that a parliament shal sit at least once in three years , and in several speeches he has declar'd himself ready to do what further we shal desire , for the better security of our liberties , properties , and religion ; why then shoud any think , he woud not esteem it his own , as wel as people's interest , to consult often , and upon all suddain occasions , with his parliament ? for my own part , i shoud rather believe , by continuing this so long , that he woud not be against their assembling thrice a year , as , by the grace of former kings , was accustom'd , for many years , before and after the conquest . but to put all iealousies to silence , the parliament , in settling and appropriating the revenu , to particular uses , may ( as they have already begun to do , in the act for building thirty ships ) grant it under a kind of condition , or proviso , viz. that the respective officers , give a ful account , of the employment thereof , unto the parliament , at least , once in every three years ; otherwise , all farther leavies of the same to cease , &c. having said thus much , in general of taxes , i com now to the partic●lar branches ; i have already shew'd the inconvenience of the customs , &c. determining with the king's life ; i wil further add , that the book of rates ought to be reviewed , and in the new one , a greater consideration had of the usefulness and necessity of the commodities , in placing the imposition on them ; viz. rating all the allow'd commodities of france , much higher than they are , raising the duty of their wines , to be at least equal , with that , on those of spain : i never yet coud be satisfy'd , what induc'd the compilers of that book , to rate spanish wines higher , than those of france ; since the height of duty is a sort of prohibition , which ought to be more taken care of , in the trade with france , by which we are vast loosers ; than in that with spain , which is a gainful one : the best reason i could find , is , that they did it inconsideratly , taking it as they found it left , by the long parliament , who by the sense of revenge for the war , were induced so to treat the spaniard . one might have thought the last impost on french wines , woud have lessen'd their importation : which colbert the financer observing it had not don ( i was assur'd at my return in august by fontainbleau , that ) in his measures for the next years charge , he valued his master on that account , not doubting but the parliament woud take off that duty of wine , which woud give him opportunity to put so much on ; that at this , the french king smil'd and said , for such a kindn●ss he shoud be oblig'd , and woud no more cal them petite maison ; but i hope notwithstanding his scornful quibble , he wil find such sober resolutions in that house , as wil set him a madding , and that , instead of taking off that duty , he may perceive more put on ; which is indeed the only effectual way to prohibit the importation , of these vast quantities of french goods , by which england is greatly impoverisht . to lessen the trafic of his people , is the first step to lower him ; which i am perswaded is best don , by imposing an excessive high duty , upon all the commodities , and contriving the act so , that nothing shoud pass duty free ; this course woud be a better restraint , than absolute prohibition : and 't is the method he himself has taken in the trade with us , which he had long since wholly forbid , but that upon examination , he found , it was driven to above l. advantage to his subjects , and loss to those of england ; this , rather yearly increasing , than decreasing , wil at length quite ruin us , if not prevented ; and yet notwithstanding , he imposes upon our cloaths four shillings an ell , as a sumptuary law , to oblige his subjects , to the use of their own manufactures . the next is the excise , which , if equaly imposed , were the best and easiest of all taxes ; to make it so , after the manner of holland , it ought to be laid upon all things ready to be consum'd . this puts it into the power , of every man to pay more or less , as he resolves to live loosely or thriftily ; by this course no man pays but according to his enjoyment or actual riches , of which none can be said to have more , than what he spends ; tru riches consisting only in the use . but the present excise is grievous , because heavyer on the poor laborers and meaner sort of people , than on the rich and great ; who do not pay above a tenth , of what the others do ; and considering , that most of the noble and privat families , out of london , brew their own drink , it falls yet heavier on the poorer sort , and wil at last on the state ; for , the common brewers do already complain , that they dayly lose their trade , many of their customers , even in london , brewing for themselves , to save the imposition . to speak the truth , in good conscience , this branch ought to have been imposed on the nobles and estated-men , rather than on the artificer and laborers , who were very slenderly concern'd in the grounds of it , viz. the taking away the wardships and purveyance , which was so great an advantage to the public , especially the richer , that that act of grace and condescension in his majesty , which freed us and our posterity , from great inconveniences and greater sines of subjection , ought never to be forgotten . this act gave us a greater propriety and liberty , than ever we had before ; and must the poor chiefly pay , for the benefit of the rich ? let it not be told to the generations to com , that an act so unequal was contriv'd by those who study only the public interest ; let it then be review'd , and either made general , on all public and privat brewers , by which the rich wil stil have advantage of the poor , according to the difference between strong and smal beer , ( for to allow public brewers , and prohibit all privat ones , as is practis'd in the low countries , woud never be endur'd in england ; ) or rather let it be plac'd on malt , or taken quite off , and laid on the land as a perpetual crown rent ; or let there be a general excise ( the most equal tax that possibly can be devis'd ) on all consum'd commodities of our own growth , or imported : which ought to be managed by proper officers ; the farming of any part of the revenu being of evil consequence , as i coud shew at large , both to the state and people . the hearth - mony is a sort of excise , but a very unequal one too ; the smoak on 't has offended the eyes of many , and it were to be wisht , that it were quite taken away , and somthing in lieu thereof given to the crown less offensive to the peoples senses ; i have heard many say , that an imposition on licenses for selling of ale , strong waters , coffee , syder , mum , and all other liquors , and for victualling-houses , might be as beneficial to the crown , and so order'd as might prevent or discover high-way-men , &c. i have read among the irish statutes one to this purpose , obliging among other things the inn-keepers , &c. to make good all horses stolen out of their stables or pastures . an imposition on all stage-coaches , carts , waggons , and carriers , set aside for the wel ordering the roads , woud be of general advantage ; as woud a tax upon periwigs , forving in part as a sumptuary law. a year , or half a years rent charg'd upon all the new buildings since , woud not only much oblige the city of london , enabling them by the difference of rents to let those many wast houses , which now to the ruin of trade remains un-tenanted , & also gratify the kingdom , by easing them from the common thredbare , land-tax . i do not question but , in this conjuncture , the wit of men wil be contriving new ways to supply the present occasions of a war ; for that a land-tax is slow and unequal ; and i am apt to fancy , that of the poll-mony wil be pitcht upon , as the most speedy levy , but must not be too great . as to my self , i am not sollicitous what course they take , but wish it such as may be equal , and so wil be pleasing to most : but be it great or smal , the king , as formerly , wil be agen defrauded , unless there be special care taken ; the way i apprehend is , that for twenty-one years to com , neither plaintif nor defendant be allow'd the benefit of the law , without producing an authentic acquittance or discharge , that they have paid this pol-mony , and averring the same in their actions or pleas. that the ministers be forbid to marry within that space any , who do not , women as wel as men , produce such certificats . that none be admitted to any office or command , civil or military , administration or executorship , freedom or privilege in town , city , or corporation , or receiv'd into any of the public schools , inns , or universities , if of the age limited by the act , except they make out the said payment ; which in three months after ought to be registred , with the persons names and qualities . now , in regard that england is already very much under-peopled , and wil be more so if there be a war : to provide against those evils , and to obviat in som measure the loosness and debauchery of the present age , i have thought of a sort of tax , which i believe is perfectly new to all the world , and under which 't is probable , if it takes , i have made provision for my own paying the crown no inconsiderable sum , during my life . 't is a tax upon caelibat , or upon unmarryed people , viz. that the eldest sons of gentlemen and other degrees of nobility upwards , shoud marry by twenty-two compleat , all their daughters by eighteen , and yonger sons by twenty-five : all citizen's eldest sons ( not gentlemen ) by twenty-three ; all other men by twenty-five . all the daughters ( not servants ) of all men under the degree of gentlemen , to marry by nineteen ; all maid-servants by twenty . that all widdowers under fifty marry within twelve months after the death of their wives ; all widdows under thirty-five , within two years after their husband's decease , unless the widdowers or widdows have children alive . i allow the women , as the softer and better natur'd , more time to lament their loss . that no man marry after seventy , nor widdow after forty-five . that all men cohabit with their wives . that the eldest sons of gentlemen , and all other degrees of nobility upward , and all other persons not married by the times limited , as afore-said , shal pay per annum a peece these following rates , viz. dukes , marquesses , and their eldest sons forty pound , other lords and their eldest sons twenty pound , knights , barronets , ten pound , esquires eight pound , gentlemen five pound , citizens three pound , all other retailing trades-men two pound . the yonger brothers or sons of all the fore-going persons ( respectively ) half so much ; and likewise the maiden daughters , or rather their fathers or gardians for them . all servants , laborers , and others six shillings eight pence . all the above-said widdowers or widdows , not marrying again under the age afore-said half ; but marrying again after the ages above limited , double according to their qualities respectively ; and all marryed men not cohabiting with their wives to pay quadruple . you may perceive i do not forget , in this scheme , to practice som of the courtesy of england towards the women ; that in regard it is not fashionable for them to court ( an hardship custom and their own pride has foolishly brought upon them ) they are tax'd but at half what their elder brothers are . these things i do not set down with a design of giving people a liberty of playing the fool as now , in matters of fornication under those penalties . for all single persons that do so , i woud have oblig'd under an indispensible necessity , to marry one another : and coud wish a further severity of punishment were inflicted upon adultery by the state , since 't is so much neglected by the church . it woud also be of great and public advantage , that all marriages were celebrated openly in the church , according to the canon or rubric , and the banes three several sundays or holy-days first published ; but if this must be stil dispensed with , that then all dukes and marquesses , and their eldest sons shoud pay twenty pound , all noblemen and their eldest sons fifteen pound , every knight and his eldest son seven pound ten shillings , every gentleman or others five pound , to the king as a public tax for such license , over and above the present establisht fee in the consistory court. that if all children may not be baptized openly in the church , the births of all even of the non-conformists , may be duly registred ; the knowing the exact numbers of the people woud be of great advantage to the public-weal , and conduce to many good and noble purposes , which ( for brevity sake ) i omit to mention . this course may perhaps prevent many inconveniences that young men and women bring upon themselves and the public : and since the concubitus vagus is acknowledged to hinder procreation , the restraint thereof wil be one means of advancing trade , by adding more people to the common-wealth , which perhaps in the following particulars you wil find to be the greatest occasion of its decay : an inconvenience by all possible means to be removed ; for that trade is the support of any kingdom , especially an island , enabling the subjects to bear the taxes , and shewing them wayes of living more agreeable than those of the savage indians in america , whose condition is but few degrees distant from that of brutes . since then it is so necessary , it deserves the parliaments best care , to restore it to what it has been , or make it what it shoud be . the first thing to be don is , the erecting a council or committee of trade , whose work shoud be to observe all manner of things relating thereunto , to receive informations of all trades-men , artificers and others ; and thereupon make their observations ; to consider all the statutes already made , and out of them form such bil or bils as shal be more convenient , and present them to the parliament to be enacted . there are already many discourses publisht● som of them woud be worth their view , and did they sit constantly , many would bring their remarks , and i my self shoud be able to give som notions on this subject , which for want of time i cannot now give you . the two great principles of riches are land and labor ; as the later increases , the other grows dear ; which is no otherwise don , than by a greater confluence of industrious people : for where many are coop'd into a narrow spot of ground , they are under a necessity of laboring ; because in such circumstances they cannot live upon the products of nature , and having so many eyes upon them they are not suffer'd to steal ; whatever they save of the effects of their labor , over and above their consumption , is call'd riches ; and the bartering or commuting those products with others is call'd trade : whence it follows , that not only the greatness of trade or riches depends upon the numbers of people , but also the deerness or cheapness of land , upon their labor and thrift . now , if trade be driven so , that the imports exceed in valu the exports , the people must of necessity grow poor , i. e. consume the fundamental stock , viz. land and labor , both falling in their price . the contrary course makes a kingdom rich. the consequence is , that , to better the trade of england , the people ( which wil force labor ) must be increas'd , and thrift incouraged : for , to hope for a vast trade where people are wanting , is not only to expect bric can be made without straw , but without hands . the great advantage a country gains by being fully peopled , you may find by the following observation , viz. that the valu of the labor is more than the rent of the land , and the profit of all the personal estates of the kingdom , which thus appears . suppose the people of england to be six millions , their annual expence at twenty nobles , or six pound thirteen and four pence a head , at a medium for rich and poor , young and old , wil amount to forty millions ; and , if wel consider'd , cannot be estimated much less . the land of england and wales contain about twenty four millions of acres , worth one with another , about six and eight pence per acre , or third part of a pound ; consequently the rent of the land is eight millions per annum . the yearly profit of all the peoples personal estate is not computed above eight millions more ; both together make sixteen millions per annum ; this taken out of the forty millions yearly expence , there wil remain twenty-four millions , to be supply'd by the labor of the people ; whence follows , that each person , man , woman and child must earn four pound a year ; and an adult laboring person double that sum ; because a third part or millions are children , and earn nothing ; and a sixth part or one million , by reason of their estates , qualities , callings or idleness , earn little ; so that not above half the people working , must gain one with another , eight pound per annum a peece ; and at twenty years purchase , wil be worth eighty ponnd per head. for , tho an individuum of mankind be recon'd , but about eight years purchase , the species is as valuable as land , being in its own nature perhaps as durable , and as improveable too , if not more , increasing stil faster by generation , than decaying by death ; it being very evident , that there are much more yearly born than dye . whence you may plainly perceive , how much it is the interest of the state , and therefore ought to be their care and study , to fil the country with people ; the profit woud not be greater in point of riches , than in strength and power ; for 't is too obvious to be insisted on , that a city of one miles circumference and ten thousand men , is four times stronger and easier defended , than one of four miles with double the number . now , there are but two ordinary wayes of increasing the people ; that of generation , and that of drawing them from other countries : the first is a work of time , and tho it wil not presently do our business , yet is not to be neglected ; i have shewn how it may be hasten'd by obliging to marriage , and more might be added , by erecting hospitals for foundlings , after the manner now used in other countries , and practised with great advantage in paris , by the name of l'hostel pour les enfants trouves ; where there are now reckon'd no less than four thousand . this in all parts of england , especially london , woud prevent the many murders and contrived abortions now used , not only to the prejudice of their souls health , but that of their bodies also , and to the general dammage of the public ; this woud likewise be an encouragment to the poorer sort to marry , who now abstain to prevent the charge of children . strangers are no otherwise to be invited , than by allowing greater advantages than they have at home ; and this they may with more ease , receive in england than in any part of europe , where natural riches do much abound , viz. corn , flesh , fish , wool , mines , &c. and which nature has bless'd with a temporature of heathful air , exceeding al northern , and not inferior to most southern countries ; has given it commodious ports , fair rivers and safe channels , with possibilities of more , for water carriage ; these , with what follows , woud soon make england the richest and most powerful country of the world. naturalization without charge , plain laws , and speedy iustice , freedom in all corporations , immunities from taxes and tols for seven years , and lastly , liberty of conscience ; the restraint of which has been the greatest cause at first of unpeopling england , and of it s not being since repeopled ; this drove shoals away in queen maries , king iames , and king charles the first 's dayes ; it has lost the wealth of england many millions , and bin the occasion of spilling the blood of many thousands of its people . 't is a sad consideration , that christians shoud be thus fool'd by obstinat religionists , in whom too much stiffness on one side , and folly and perversness on the other , shoud have bin equally condem'd , being indeed the effects of pride , passion or privat interest , and altogether forrein to the bus'ness of religion ; which , as i have already told you , consists not in a belief of disputable things ( of which if either part be tru , neither are to us necessary ) , but in the plain practice of piety , which is not incompatible with errors in iudgment . i see not therefore , why the clergy shoud be wholly heark'nd to in this affair , since 't is really impertinent to the truth of religion ; and i dare appeal to all the sober understanding and considerative men of the church of england , whether the opposition of this be not wholy founded upon interest , which being but of particular men , ought not nor wil not ( i hope ) weigh more with the parliament , than that of the public , which is so highly concern'd in this matter . and tho it may be objected , that as affairs of religion now stand , none need leave england for want of toleration ; yet certain i am , without it none wil return or com in a-new . and if our neighbors thrive , and increase in people , trade and wealth , we continuing at a stay , or growing stil poorer and poorer , by that means rendred unable to resist a forrein power , are like to fal into such hands , as wil force us to worship god after the way which almost all of us now cal heresy , and many idolatry . which induces me to conclude , that nothing , but inconsideration , can move even the clergy to oppose this thing , on which their own as wel as the safety of all others do's so very much depend . but in regard the defects of trade can't presently be supply'd by bringing in more people , because a work of time , it is necessary to make those we have useful , by obliging the idle and unwilling to a necessity of working , and by giving the poor that want it a ful imployment : this wil in effect be a great increasing of the people , and may be easily compass'd if work - houses be erected , in several parts of the kingdom , and all persons forc'd into 'um , who cannot give a satisfactory account of their way of living ; this woud prevent robbing , burglary , and the cheats of gaming , counterfeiting of hands , mony clipping , &c. by which our lives and fortunes woud be much better secur'd ; this woud put men's wits upon the rack , hunger which eats thro stone-wals , woud make them in getting their livings by the sweat of their brows , masters of arts ; a degree perhaps more useful to the common - wealth , than those of the university . this woud put them upon the invention of engines , whereby their labor woud not only becom more easy , but more productive of real advantages to the whole ; rendring the poet's fable of briareus his hundred hands , a certain truth ; one man doing more by an instrument , than fifty or a hundred without it . wit wil , thus in som measure , make amends for the want of people ; yet so dul and ignorant , so insensible of their own good are the vulgar , that generally instead of being pleas'd , they are at first almost implacably offended at such profitable inventions . but it appears , the parliament had another sense of things , in that they allow'd the advantage of fourteen years to the inventor : which law , with submission , might be alter'd to better purpose , if instead of a fourteen years monopoly , som reward out of the public stock were given to the ingenious . that the many supernumeraries in divinity , law and physic with which the kingdom ( especially london ) swarms ; all mountebancs and pretenders to astrology , together with the supernumeraries in all manner of retailing trades ( even the trade of merchandizing has too many hands ) especially all pedlers or wanderers , that carry their shops on their backs , lap-women , &c. who contribute little or nothing to the charge of the state ; be par'd off and made useful to the public ; to which , by the vast increase of these , and the great number of idlers and beggars , not above two thirds even of the ordinary sort can be lookt upon as bringing in any real advantage ; the other third , but like droans , living on the labor of the rest . and to speak more freely , 't is unreasonable and impolitic , especially in a great and over-grown city , to suffer any retail-trades to be manag'd by men , when women , with the help of a few porters , about the most cumbersom things , may do it much better ; they wil invite customers more powerfully than men can , and having nothing to do in the way of their shop-trades , wil not be idle , their needles employing them ; while the men perhaps , from two , three or four , to seven lusty young fellows , sit idle most part of their time , with their hands in their pockets , or blowing their fingers ; few of these sort of trades finding one with another , above two hours work in the whole day : the men woud study som more beneficial employments ; and the women having by this means somthing to do , woud not as now , induc'd by idleness , more than want , be occasions of so much wickedness and debaucheries , to the general prejudice of the common-wealth , and the particular ruin of many good families . to set on foot the fishing trade , and to allow to all such as wil undertake it , strangers or natives , the same benefits and priviledges i have mention'd for the bringing in of the former ; and i think , if beyond that , houses were built for them in linn , or yarmouth , &c , at the public charge , rent-free for seven years , every man woud say , it were for the general good , who considers that this trade is the only basis of the grandeur and power , that the states of holland are no less lords of , in europe , than in the east-indies ; to which it has rais'd 'um in less than an hundred years , from the poor and distressed states , to be one of the richest and mightiest of the known world : this i coud at large make appear , but that it having bin don already , with the want of time , hinders me . i wil only say , that holland has not the tenth part of those natural conveniences for effecting this , england , scotland or ireland have . that the same encouragements be given to all such , whether natives or forreiners , that shal joyntly carry on the particular manufactures of iron , tinn , earthen-ware , and linnen , &c. in the last , at three shillings four pence an ell one with another , is reckon'd consum'd by us above six hundred thousand pound ; all which might be sav'd and the poor set at work , by promoting that trade within our selves . to restore the woolen manufactures almost decay'd , and to take the same care in that , and all other , as the dutch have don in that of the herrings ; the neglect in this has been a main reason , that our cloathing-trade is much lessen'd ; reputation in commodities is as necessary , as in the venders : which makes the dutch , even at this day , put on english marks , and thereby for the antient credit ( now in a manner lost ) ours were in , they have gain'd for their own manufactures the markets we want . the decay of our cloathing-traffic has been occasion'd by several accidents ; one , and no final one , is that of companies , which indeed are as much monopolies , as if in one single person ; they ruin industry and trade , and only to enrich themselves , have a liberty , by which they impoverish the rest of the common-wealth . whatever reason there was for first erecting them , viz. to begin or carry on som great undertaking , which exceeded the power of particular men , there appears less or none now for their continuance . the enjoyment of liberty and property requires that all subjects have equal benefit in safety and commerce ; and if all subjects pay taxes equally , i see no reason why they should not have equal privileges . and if part of those taxes be impos'd for guarding the seas , i do really believe it woud be more advantage to the king , to send convoys to the east-indies and to guinea , with any of his subjects trading thither , than to allow these two companies the sole benefit of ingrossing those trades ; tho i think no others , but they , being at considerable charge and expence , ought to be continu'd . and since the east-india and african companies , especially the first , impose what rates they please upon their commodities , why shoud not they pay , for that power of taxing the subject , a considerable present proportion for carrying on the war , and a yearly round sum to the state , to ease the rest of the people , who are debar'd those advantages ? in my opinion , gratitude to the king , as wel as iustice to the subject , shou'd invite them to give a considerable standing yearly revenu to the crown . this may be policy too ; for then perhaps , they need never fear their dissolution , notwithstanding the clamors and many mouths now open against them . but if it shal be not thought fit , to take away all companies , why shoud it not be lawful once a year for any one , that pleas'd , to be made a member , paying in his quota ? this , i confess , woud make it useful to the public , because the trade woud be manag'd by fewer hands , consequently to more profit , and every one being concern'd , there coud be no complaint . but whatever is don in point of trade , particular corporations of artificers ought to be broke ; they , as now manag'd , are incouragements to idleness , impositions upon the rest of the people , and an unreasonable enslaving of apprentices , who in three years , for the most part , may be as wel masters of their trade , as in seven : but the advantage is , that when they com to set up for themselves , they commonly turn gentlemen , and cannot afford to sel a cabinet under fifteen pound , because they must eat wel and drink wine ; tho they own a dutch-man or a frenchman , that does not so , may afford as good a one for twelve pound : this of the cabinet is a late and a true story , and to my own experience , 't is the same in most , if not all other trades . the fish-monger's company is of all others , the greatest nusance to the public , to the most useful part thereof , the poor artificers and laborers ; i was credibly inform'd at my last being in london , by two substantial citizens , that they throw part of their fish away , to inhaunse the valu and price of the remainder . that for these , and many more reasons i coud give , it were convenient , that every city and town corporate consisted but of one company , into which , without charge or formalities of freedom , every man native or alien , ought to be admitted , that payes his propotion of taxes and assessments . and in order to the bringing in forreiners , our native unmanufactur'd commodities ought to be strictly prohibited to other countries ; more particularly that the exportation of wool from england and ireland be restrain'd ; which wil be better don by imposing a vast duty upon it , as of thirty or forty shillings a stone or tod , than by making it felony ; adding over and above great pecuniary mulcts , if shipt without payment of duty ; if this were enacted , many woud turn informers , who now out of tenderness of mens lives , forbear the discovering this injurious practice ; for prevention whereof , great care ought to be taken ; since the vast quantities of wool exported from england and ireland into france and holland , have in a manner destroy'd the great staple of england , the woolen-manufacture , lower'd the rents of land , and beggar'd thousands of people . by this the dutch and french are inabled to make useful both their own and spanish wools , which woud otherwise be insignificant and ineffective of any considerable purposes ; one being too fine , the other too course , without mixtures of english or irish wool. those , by greater labor and frugality , who heretofore were furnisht by us , do now not only supply themselves , but also undersel us abroad ; and as if that injury were too little , we are content , by wearing their stuffs , to give them an opportunity of undermining us at home . if you consider these things seriously , you wil with me be perswaded , 't is not the great increase of wool , in england and ireland , that makes it a drug , but the practise of carrying it abroad ; and our not being satisfi'd to ape and mimic the french modes , but further to wear their stuffs , tho far inferior to our own . i have heard it demonstrated , by knowing men , that it woud be englands great interest , to work up all their own and irish wool , tho they shoud afterwards burn it when in stuffs and cloth ; and i am convinc'd their doing so one year , woud not only maintain the poor and habituat them to labor , but be as great an advantage in the sale of that manufacture , both at home and abroad , for the future , as the burning part of their spices , is to the dutch. but i am of opinion there woud be no need to burn any , for that which is now useful in wool , woud not be less so in cloth. i have seen a computation by which it appears the working up all our own and irish wool , which england can do to better purposes than a part , while the remainder is transported to other countries , woud be many millions in the wealth of the people , and as many hundred thousand pounds sterling in the kings coffers . for if we kept this commodity at home , we shoud not only give a ful employment to our people , but necessitat those who now in france and holland maintain themselves by this manufacture , so soon as their stocks were spent , to find new arts of living , or else convey themselves hither , which of the two , is certainly the most probable . thus we shoud doubly increase our wealth and our people ; the latter by consequence raising the rents and valu of lands , in duplicat proportion ( as i coud demonstrat ) to what they now yield . for a short instance observe , that if there be a thousand people in a country , the land whereof is worth a thousand pound per annum ; and at twenty years purchase twenty thousand pound . if they be encreas'd half as many more , or to one thousand five hundred people , the rent of the land wil likewise be half as much more viz. one thousand five hundred pound , and the number of years purchas not only twenty , but half as many more , viz. in all thirty ; which makes the valu of the inheritance amount to thirty times one thousand five hundred or forty five thousand pound . the reason of which is founded on this undeniable maxim , that land is more or less valuable , as it is more or less peopl'd . when heretofore all the wool of england was manufactur'd in flanders , it yielded but six pence a pound ; but soon after the restraint of it in edward the thirds time , the manufacturing all at home , rais'd it to eighteen pence a pound , and brought in to the kingdom great numbers of flemmings and walloons . to incourage this further , all persons whatsoever shoud wear nothing but stuff and cloath of our own make ; the ladies to have liberty to wear silk but in summer . i am told that within these six months , to encourage a woollen manufacture newly set up in portugal , no man , native or stranger , is suffered to appear at court in any other . that useful neglected act , of burying in woollen , shoud be strictly put in execution ; not prohibiting the people , if they wil be so foolish ( but probably a little time wil make them wiser , than ) to throw away linnen too , which if they woud make at home , might be the more tolerable : the way i conceive by which it may be easily don , is , to injoyn the minister under penalty of deprivation , with allowance of mony to the informers , not to bury any one , whose corps or coffin , they do not see cover'd with flannel . and since death is said to be the sister of sleep , or rather since sleep is the representation of death as our beds are of our grave , or indeed , that death is but a very long night , if we shoud not only bury , but ly in flannel sheets , at least the long cold winter nights , i have bin assur'd by our old friend — that this practise , after a little use , woud be found no less for the health , if not som voluptuousness of our natural bodies , than the other woud prove for the body politic ; and i am the more induc'd to believe this assertion , because physitians prescribe flannel shirts to som persons for their health ; i am certain the more ways are found for the consumption of this manufacture , the richer our country woud grow , by lessning the use of forrein linnen , so greatly advantageous to our neighbors of france ; whom we love so dearly , that we study how to serve and enrich them , tho to our own impoverishment and ruin. besides this course , not a lock of wool shoud be permitted into the islands of iersy , guernsey , aldarney or sark ; under colour of what is allow'd , they are enabled , to supply their own occasions , and carry much more ( of which i am wel assur'd ) to france ; which reaps the benefit of the great industry of those populous islands ; to make them beneficial , at least not hurtful , to england , is to deny them wool ; if that woud bring the people thence into this country , it wil prove a double advantage . and lastly , i think the only certainty of keeping our wool from forreiners , is to erect a company by the name of state merchants , or oblige the east-india company , whose stock and credit wil enable them with ease , to buy up at good rates yearly , all the wool of england and ireland which manufactur'd at home , woud bring them in a little time , as profitable returns , as those from bantam , &c be many millions in the riches of the people , by raising the rents , &c. an● hundred thousands in the kings ex●chequer , employ thousands of our poo● now starving , and invite in many o● other nations to the great encrease of our strength and wealth , and so prove no less a particular than an universal good . that all forestallers , regrators and higlers be prevented , who now doe as much mischief to the city of london , as formerly purveiance did the kingdom . that the present confus'd business of weights and measures , which appears by many statutes to have bin the care of our ancestors , be fully ascertain'd and adjusted . and because this does greatly tend to the regulation of trade and administration of iustice , it were convenient particular persons were impower'd , who shoud receive complaints and correct abuses , in those and all other penal statutes referring to trade , by some more speedy course than that of information or indictment , &c. that no particular person or incorporations have any places priviledg'd against the kings writs . that the parliament woud be pleas'd to redress the great obstruction of iustice by protections , of which no less than sixteen thousand are said to be given in and about london . i am perswaded that either the report is a mistake , or that the member's hands are counterfeited ; for 't is very unreasonable to believe , the makers of our laws woud prevent their execution ; but be the case one way or other , the evil may be easily remedyed by the members registring the names of their servants in the house , at the beginning of the sessions and upon the alteration of any . that all manner of courts in corporations , whether by grant or prescription , be taken away , because of the many abuses dayly committed : and in every corporation a court of merchants erected , for the quic dispatch and determination of all controversies relating to trade and commerce ; every man to be oblig'd to tel his own story , without charge or the assistance of atturneys or lawyers . the iudges to be annually chosen five in number , together with two registers , one for the plaintif , the other for the defendant , out of the most experienced and best reputed citizens , or tradesmen ; no salary or fee to be paid to iudge or officer . to retrench , by sumptuary laws , the excessive wearing forrein silks , embroideries and laces ; to prohibit absolutly the use of silver and gold-lace , gilding or lackering coaches , &c. when riches are thus not so much us'd as abus'd , 't is no wonder they do not only moulder into dust , but take wing ( in solomon's phrase ) and fly away : our wiser neighbors in france and holland prevent this evil : the first make a shew , but at an easy and cheap rate ; the later leave off their cloaths , because they are worn out , not that they are out of fashion : our contrary practice in imported commodities make us complain , that trade is decaying ; in which our folly has made us a by-word among the french , as a people that consume our all on the back and the belly ; and if none spent more , the mischief were but particular ; but many are not contented to run out their own estates , but resolve to have the pleasure of undoing others for company . so long as we indulge our selves in this vanity , we may indeed have the satisfaction ( if it be any ) to talk of mending trade : but in spight of our chat , it wil stil decay , we shal buy and sel more and more , and yet live by the loss , til at last we are wholy broke . how long that wil be a doing , we may guess by the fal of the rents and valu of lands , not to be avoided while the ballance of trade is so much greater on the imported side than the exported . the way to make us rich , is to manage our trade in the same manner it was don in edward the thirds time ; to make the proportion of our exports , exceed our imports , as much as they then did ; by an account taken in the seven and twentyeth year of that king ( as cotton sayes ) our exported commodities amounted to pound , the imported but pound ; so that , the kingdom got clear in that year pound : by which it appears , that our present trade is about thirty times greater than it was then , tho we complain of its fal : 't is our own fault , we are so imprudent as to consume more of forrein goods , than we sel of our own ; this i am convinc'd we do in our french trade , 't is wel if we do not likewise play the fool in others . by the way , you may observe , that if we woud but moderate our expences , we might very wel bear our taxes , tho they were near thirty times greater than in that kings reign , even with allowance for the alteration of coyn. that the exportation of mony in specie , is so far from being a loss to the kingdom , that it may be gainful , as it is to legorn and other places : that tho we did not export any coyn , yet we shoud not be the richer ; since the over-ballance woud stil lye as a debt upon our trade , which it must somtime or other pay in that or another commodity , or otherwise break. and that the council or committee of trade may find out the wealth of the kingdom , which woud serve to many good purposes , by making a yearly account of the goods imported and exported ( best known by the customs , and has been calculated by a friend of mine in another country ) these ought at least every seven years to be reviewd , ( supposing the life of commodities not longer than that of man ) . and , according to their alterations of usefulness or necessity , to our selves or others , the impositions to be chang'd . and here i must take leave to assert , that all imported commodities are better restrain'd by the height of imposition , than by an absolute prohibition , if sufficient care be taken to oblige the importers to a ful and strict payment ; for this woud be a kind of sumptuary law , putting a necessity upon the consumer , by labor to enlarge his purse , or by thrist to lessen his expence . and i am the more induc'd to this , by my observation , that notwithstanding the several acts , prohibiting the importation of many forrein commodities ; yet nothing is more worn or us'd , especially the french , in which trade , if the over-ballance ( which is said to be above pound ) were loaded with the charge of eight shillings in the pound , it woud make the consumption of those commodities pound dearer ; and if that woud not restrain our folly , it woud help to ease us in the public taxes ; whereas now they are all imported without any other charge , than what is paid for smuckling , to tye up the seamen's tongues , and shut officers eyes . to prevent this , it were fit , that men were undeceiv'd of the notion they have taken up , that the law do's allow 'um their choice , either to pay the duty , or the penalty if taken ; which sure cannot be the end of any law , which designes obedience and active compliance with what it injoins , not a disobedience or breaking what it positively commands . if penal statutes be only conditional , then the traitor , the murderer or the thief , when he suffers the punishment of disobedience , may be cal'd an honest man , and in another signification than that of the scotch phrase , a justify'd person . but the idle and unwarrantable distinction of active and passive obedience has don england greater mischiefs . the revenu acts give not the same liberty , that those acts do , which oblige the people to go to church , or to watch and ward under pecuniary mulcts . in these a power of choosing was designedly left , which by many circumstances appears otherwise intended by the other . and indeed , the practice is not only unjust , but abusive to the whole body of the people , who pay as dear for what they buy , as if the duty had bin paid to the king , not put up in a few privat mens pockets . it may likewise hinder trade ; for if the smuckler please , he may undersel his neighbor , who honestly thinks , 't is a cheat and a sin , not to give caesar his du : therefore , a seal or som privat mark shoud be contriv'd , for all sorts of commodities , and power given to seize them when and where-ever met , in merchants , retailers or consumptioners hands . and to prevent the passing forrein commodities , as if made at home , for which lest any of these last shoud pass , they shoud in the town where they are made , or expos'd to sale , be first mark'd or seal'd , in an office purposely erected , without any delay or charge to the people . that , that part of the act of navigation be repeal'd , which appoints three fourths of the mariners to be english : why not scots , irish or any of the kings subjects , or even forreiners , so the ships do really belong to owners resident in england ? we want people , therefore ought to invite more , not restrain any . this act is a copy of that made by the long parliament and their general , the usurper , who being in war with scotland and ireland in rebellion , thought fit to deny them equal privileges in commerce . but this loyal parliament wil , i hope , consider , that the three kingdoms are not to be thus divided in interests , while under one monarch . that his naval power , their joint strength , is increas'd by the growth of shipping in any of ' um . if the sence of this wil not prevail upon them , to allow 'um the same freedoms , yet sure i am , they must from thence perceive , england wil have a great advantage by suffering all the kings subjects of ireland and scotland , to enjoy the benefit of this act. that there be two free ports appointed ; one in the south , another in the north , with convenient rules and limitations that the duty impos'd upon any of our exportations , whether of our own growth or manufacture of forrein materials , be not so high as may either wholy restrain those abroad from buying , or enable others to furnish them cheaper . that education of children in forrein parts in colleges or academies be prohibited , and provision found or made at home for teaching languages and the exercises of rideing , fencing , &c. that banks and lombards be speedily erected ; this in a little time woud make a hundred pound to be as useful to the public , as two hundred real cash is now . but in order thereunto , let there be a voluntary registry of land , &c. which in a few years wil raise their valu considerably . by this way no man indebted or whose estate is incumbred is obliged to make discoveries . yet if he has but half free , the registring of that , wil the better enable him to discharge the other part . if a registry must not be obtain'd , that , at least , the selling or morgaging over and over , secret conveyances , deeds of trust or any other trics , by which the lender or purchaser is defrauded and abus'd , be made felony , without benefit of clergy ; and the cheating person oblig'd to pay the sufferer treble dammage , and as much more to the public . this , which certainly , all honest men judg as reasonable , as what is practis'd for far smaller evils or offences , wil , without any innovation in the laws , or other alleg'd inconveniences to the people , secure us in our rights , and perhaps answer al the ends of a registry ; of which , tho very convenient , i am not so fond , as to think or believe , it wil so suddenly , or to that height , as is said , raise the rents and valu of lands ; to this it can contribute but by accident , as it invites strangers into the kingdom ( for i have already told you , that the greater or smaller number of people is the only tru cause of the dearness or cheapness of land and of labor or trade ) yet even this it cannot do , without abolishing the law , disabling aliens to purchase and hold before naturalization , necessary without dispute to be immediatly taken away . nor woud it a little contribute to the general good , that all merchants and tradesmen breaking shoud be made guilty of felony , their goods to the creditors , if they did not plainly make appear , by their true books , their losses and discover what ever they have left , and without the unjust and cunning artifices of composition , give way for an equal divident among the creditors . and that the many abuses of the kings bench prison be reform'd , which , as now manag'd , is made a santuary and place of refuge and privilege , for all knaves that desine their own privat interest , to the ruin of others , whose confinement is no narrower than from the east to the west indies . that all bonds and bills obligatory , statute merchants and of the staple , recognisances , iudgments , &c. be enacted transferable and by indorsement to pass as current as bills of exchange , and made recoverable by a shorter course of of law , than now practis'd . that is to say , that upon actual proof of the perfecting and last assigning of the deed , iudgment and execution be obtaind . this wou'd wonderfully enliven trade , make a new species of coyn , lower interest , secure in a great measure dealers from breaking , and find mony to carry on the trades of fishing , linnen , woollen , &c. that til the propos'd regulation of the laws can be effected , to avoid the trouble and charge of iuries in many cases and other unjust vexations , the meets and bounds of the denominations of all lands , mannors , parishes , commons , hundreds and countyes , all prescriptions , usages and customs , and the iurisdictions of all inferiour courts be fully inquir'd into , and truely registred in one book or books ; copies to be printed and the original to be and remain of record , as the doomsday book in the exchequer : by which all disputes concerning the premises may be speedily and cheaply decided . there are but two objections against this public good , and were they unanswerable , yet since they are but particular and selfish considerations , they ought not to take place ; the first is , that the useful and laudable calling of the lawyers , wil be prejudic'd . the next , that , the many , who now live upon credit , wil be undon . as to the first , by this work the present lawyers wil be so far from suffering , that for ten years to com rather than lessen , it wil increase their business ; which according to the ordinary computation of mens lives , or their hopes of being promoted , wil be a greater advantage to them , than if things continu'd as they are : and for those , who propose to themselves this way of living , there wil be stil grounds enuff for the practtise of som and many new imployments for others . so that if these gentlemens present great practise woud give them leave to look forwards , they woud find they are more scar'd than hurt . as to the second sort , who likewise believe they may be damnifi'd , that fancy wil also vanish , if it be consider'd , that it wil enlarge rather than destroy credit . for we wil suppose , that a young merchant or tradesman , who has . pound stock , does not trade for less than . pound , the merchant that sells him the commoditys upon the belief of his being honest , industrions , prudent and sober , gives him credit , and takes his bond payable at a certain day ; this person , that he may be able duly to discharge his obligation , in like manner , trusts another , whom he supposes able and honest ; for all receive credit as they really are or appear such ; as soon as his bond becomes du , he takes up his own , and gives that he receav'd to his creditor , who perhaps gives it to another to whom he is indebted ; at last the mony is call'd for , from the country gentleman ; the country gentleman gives him an assignment on his tenant , who either is or is not indebted ; if the tenant owes the mony , he payes it in specie , or assignes him upon som merchant , for the valu of commodities sold him , the fond enabling him to pay his land-lords rent ; and thus perhaps by a circulation of traffic , for all men from the highest to the lowest are one way or other merchants or traders , the first man is pay'd with his own paper : if the tenant does not ow the land-lord the mony , and therefore wil not pay , the land-lord is immediately necessitated to sel or morgage som part of his estate ; which if he refuse , the law forces him , and the credits of the rest are secur'd . the consequences are plainly these ; that men must be careful , with whom they deal ; that they must be punctual & thrifty , lest they first lose their credit , and afterwards becom beggars : for , he that rightly considers , wil be convinc'd , that every man in a society or common-wealth , even from the king to the pesant , is a merchant , and therefore under a necessity of taking care of his reputation , not seldom a better patrimony , than what descends to us from our parent 's care. that by this practice , the kingdom wil gain an inexhaustible treasure ; and tho there were not a hundredth part of the mony , be able to drive ten times a greater trade , than now it does . a man thus enabl'd , to live and trade without mony , wil be in no need of running-out his principal in interest , by which too many for want of consideration , are insensibly undon , involving many more in their ruin. without these , or som other new courses , you may be assur'd , that our trade , consequently our power , wil every day decay , and in a few years com to nothing . but som imagin , that we need not trouble our selves in this matter , it wil shortly fal in of course to our country ; for that as learning took its circuit thro several parts of the world , beginning at the east , so must trade too : but who-ever believes this wil com to pass without human means , labor and art , entertains wrong notions of providence . i do believe the great wheel is always in motion ; and tho there be a constant circumgyration of things , yet 't is idle to fancy , that any thing , but troubles or war , oppression or injustice , wit or industry makes trade or learning shift their places in the same country , or alter their abode from that to any other . if we look into histories , we shal find these have bin the causes of their migration ; and that trade and learning , usually go hand in hand together . having already asserted , that trade and commerce are to be improv'd and carry'd on , the more vigorously , by how much the more labor and thrist are increas'd ; and that the making idlers work , is in effect , an increasing the people : and that all such shoud be forc'd into several work-houses , which tho the parliament has taken into consideration , yet for want of stock , is not hitherto put in any forwardness , i wil now give you my thoughts , how this may probably be brought about , with little or no charge , but to such only , as upon prospect of advantage , do change the scenes of their lives , as by marriage , imployments , callings , &c. or by assuming new titles and degrees of honor ; and consequently as their respective proportions , or payments are here propos'd , they cannot account them burdensom or grievous . to perfect this , i think it necessary , that all hospitals , alms-houses and lands for charitable uses , be sold , & more stately and convenient ones erected ; into which , none but diseased persons , or others perfectly unable to earn their living , shoud be receiv'd . and to the end they might the sooner be restor'd to health , a convenient number of physitians , nurses and tenders ought to be appointed , and sufficient salaries establish'd ; england , to her great shame , is in this instance , much behind her neighbors of france and holland ; in the practice of which , i know not whether there be more of charity , or of policy , of heavenly or of earthly interest . that the several directions of the act , for raising a stock , be strictly put in execution . that all fines for swearing , drunkenness , breaches of the peace , felons goods , deodands , &c. for a certain number of years be converted to this use ; this woud bring in twenty times more than is now receiv'd on these accounts and may perhaps prevent the late much practis'd trick of finding all felo's de se mad . that all contributions for maintenance of the poor ( which are so considerable , that i have bin told , in som single parishes in london , they amount communibus annis , to five thousand pound a year ) be added to this stock . and that it be further enacted , that every man at his admission to freedom , pay one shilling ; upon marriage , what he thinks fit above one shilling . every clergy-man at ordination , ten shillings , at instalment into any dignity , twenty shillings ; arch-deacons , three pound ; deans , five pound ; bishops , ten pound ; arch-bishops , twenty pound . gentlemen upon admittance into the inns of court , ten shillings ; upon their being call'd to the bar forty shillings ; when made serjeants , or king's council , five pound . every man upon admission into the inns of chancery , three shillings four pence ; when sworn attorney , ten shillings . lord high chancellor , keeper , lord high treasurer , and lord privy seal , twenty pound . chief iustice , chief baron , chancellor of the exchequer , master of the rolls and atturney general , twelve pound a piece . every of the other iudges and barons , the sollicitor-general and the six clerks , ten pound a piece . the masters of chancery and other officers not nam'd in that or other courts , any sum not exceeding six pound a man , as shal be thought convenient , by the respective iudges . all knights , five pound ; baronets , ten pound ; barons , vice counts , earls , twenty pound ; dukes and marquesses , fifty pound . all aldermen of london , twenty pound ; of other cities and corporations , three pound . mayors , ten pound . all masters of arts in universities , twenty shillings . doctors of law and physic , forty shillings ; of divinity , four pound . heads and masters of colleges , five pound . all executors and administrators , that undertake the charge , two shillings . all persons entring into estates , either by descent or purchase , one shilling , over and above one shilling , for every hundred pounds per annum of such estate . that every sunday , there be collections in all churches of the kingdom , which with what shal be receiv'd at the communion , are to be thus appropriated : and that all street , door , and other charitable doles , in broken meat or mony , as the great encouragements and chief occasions of idleness and vice , be forbid under severe penalties ; that briefs be issued thro the kingdom , for voluntary contributions ; that the names of such as shal be eminently bountiful , be convey'd to posterity , by placeing their coats of arms , and registring their munificence in the respective work-houses of the city , corporation or county , where they live . i do not doubt , but in a very short time , a stock woud be thus rais'd , sufficient to imploy all the idle hands in england . and tho i believe , that after a little while , there woud be no need of using art , or severity in bringing people into these nurseries of labor and industry : the sweets of gain and trouble of idleness , which certainly is not the least of toyls to such as have bin inur'd to labor or business , being of themselves strong allurements ; yet to lay the first foundation with success , i conceive it necessary , that both men and women , who have no visible ways of maintenance , criminals of what quality soever , punish'd as before in the discourse of laws , the children taken out of the foundlings hospital , as soon as able to do any thing , be all sent to these work-houses . that the great numbers of people going out of this kingdom , scotland and ireland , to other parts of europe , be restrain'd , and none be spirited into the west-indies , or suffer'd to go abroad , unless to trade . that such as by infirmity or age are absolutely disabled , among which neither the lame nor the blind are to be reckon'd , be maintain'd and confin'd within the public hospitals . that every constable , in whose ward or precinct any beggar is found , forfeit twenty pound ; and the person or persons entertaining or lodging any , five pound , to the use of the work - house . that those who are commonly sent to the house of correction , or bridewel , and those found guilty of petty larceny , be sent to the work-house ; for that indeed whipping , the punishment intended for their amendment , does but take away the sense of shame and honor , rendring them impudent and incorrigible in their iniquities . but granting its operation so forcible , as to be able to reclaim them , yet certain it is , that its best effect is , but to hinder them from doing further mischief ; whereas by this course , not only that will be avoided , but a considerable profit redound to the public . to these also shoud be added all prisoners for criminal matters tho acquitted , if by circumstances they appear suspicious ; it being reasonable to conclude som , rogues and vagabonds , tho the evidence required by strictness of law , be not strong enuf to convict them . hither likewise are all to be sent , who for trivial inconsiderable causes , and somtimes out of pure malice , are thrown into prisons , and there forc'd to spend the remainder of their miserable lives ; the exorbitant extortion of fees , and the merciless rage of their enemies , swelling their debts beyond the power , or hopes of satisfaction ; whereby they becom not only useless , but a burden to the common-wealth . and because the benefit of clergy was introduc'd , for the advancement of learning in the ruder dayes of our ancestors , and that there is now no such need , the kingdom being so far from wanting , that it is rather overstockt in every faculty , with such as make learning a trade : and the intercourse of our affairs almost necessitating all others to read and write , i hold it convenient to take it quite away ; not only because useless , but because it is an encouragement to many , to trangress the bounds of the law. that all of what degree or condition soever , men or women , literat or illiterat , convicted of any of the crimes for which clergy is now allow'd , be condem'd to the work-houses for seven years , or pay to its use sixty pounds or more , according to their qualities . by what i have already said , you see i am no friend to pardons ; but if any must still be granted , that then any not a gentleman obtaining one , pay twenty pound , a gentleman forty pound , an esquire sixty pound , a knight-batchellor eighty pound , a baronet or other knight one hundred pound , a lord two hundred pound , a marquess or duke four hundred pound . the eldest sons of every of these to pay equal with the fathers . and in case after all this people shoud be wanting , ireland may furnish yearly , hundreds or thousands of its children ; which will prove not only advantageous for encreasing the wealth of england , but also for securing the peace and quiet of that kingdom ; by making so many of the natives one and the same people with us , which they will soon be , if taken away so young , as that they may forget their fathers house and language . and if , after seven , eight or nine years , when masters of their trade , return'd into their own , or suffer'd to abide in this country . i will not trouble you with recounting in particular , the many advantages that wou'd soon flow thro all the tracts of this land , from this source of industry , if thus supply'd with mony and hands . all trades and useful manufactures of silks , linnen , canvass , lace , paper , cordage for ships , iron , tin , &c. may be there set on foot , and carryed on to a far greater profit , than single men can drive them . in this work-house shoud be taught , the knowledg of arms , and the arts of war , on all festivals and holy dayes ; and the lusty young fellows sent by turns to sea , for a year or two of the time of this their state-apprentiship . by this means the king woud be enabled at any time without pressing , to draw out of this great seminary a sufficient army , either for land or sea-service . the wayes , methods and orders for regulating the several work-houses i coud fully demonstrat , did i not think it needless at present . 't is enuf that i here promise to do it at any time when the great council shall think fit to take this matter into consideration , or when you please to impose your further commands . but give me leave to say , that laying aside all other reformations of the state , this alone woud secure our lives and fortunes , from violence and depredation , not only increase our wealth and power beyond what now it is , but make them far exceed , whatever any of our neighbors are possest of ; and consequently establish a firm and lasting peace at home , and make us terrible to the nations abroad . this great happiness is the wish of every tru english-man , but can only be effected , by the care and wisdom of the king and parliament ; to whom i most passionatly recommend and humbly submit it . i have now at length run thro all the parts , of my uneasy task ; you wil say , i doubt not , very slubberingly ; to be before hand with you , i do confess it ; i never undertook any thing more unwillingly , & therefore have perform'd it , not only il , but carelesly , studying nothing so much , as to com quicly to an end ; which indeed was my greatest labor ; the fields you commanded me to take a turn in , were so spacious , that being once enter'd , considering how short a while you oblig'd me to stay , i coud not easily find my way out again ; which put me to a necessity of running , and the hast not giving me leave to see the rubbs in my way , forc'd me to stumble : what i have don can serve to no other purpose , than for hints to enlarge your better thoughts upon . had these papers bin worthy , i woud have presented them by way of new-years gift ; but that was not my fault ; most of what you meet with here , we have often discoursed with our — you must not read them to any other : for i am perswaded they woud tel you the man was mad : perhaps i was so for writing , but i am sure i have yet madder thoughts , for i do seriously believe all i have here said is tru ; and this to boot , that , the world is a great cheat ; that an honest man , or a good christian is a greater wonder , than any of those strange ones , with which sir h. b. has often entertain'd us . this you are sure of , i have spoken nothing for interest ; i am but a bare stander by , no better , and therefore neither win nor loose , let the game go how it wil. but to trifle no more , i am not concern'd what any think ; i live to my self , not others , and build not my satisfaction , upon the empty and uncertain vogue , or opinion of men ; if i did , i should put into their power , to make me unhappy , when ever they please . to conclude , the result of all i have here said is , that england might be the happiest country in the world , if the people woud be content to make a right use of their power ; that is , to act by the rules of reason , on which their own constitutions are founded : for since they have the power of reforming the old and enacting new laws , in which every man ( the poorest that is worth but forty shillings per annum ) has his vote , no man can be offended , with his own act ; but if he be , the remedy is at hand . so that here every one living according to reason , and that making every man a iudge , all must see to their great comfort , that the interest of the king and people is really one and the same ; that the common good is every single mans ; and that who ever disturbs the public , injures himself ; which is to the whole the greatest security imaginable , and to every privat man a lasting happiness . that the laws are not exact , because the parliament harken to the counsel that , not the lawyers , but their interest dictates ; neglecting to follow that advice , which they may have for nothing , viz. let the counsel of thine own heart stand , for there is no man more faithful unto thee than it : for , a mans mind is wont to tell him more , than seven watch-men , that sit above in an high tower. that is , consult with no man who advises with regard to himself ; which is plain from these words . every counsellor extolleth counsel ; but there is that counselleth for himself ; beware therefore of a counsellor , and know before what need he hath , for he wil counsel for himself ; lest he cast the lot upon thee and sar unto thee thy way is good , and afterwards he stand on the other side to see what shal befal thee . whether this be a prophecy of what the lawyers will do ; or a bare narration of matter of fact , what they daily practise , i leave to every discerning mans iudgment . the short of this , is to advise , that in making of new laws , or in altering or repealing the old , the members trust not the gentlemen of the long robe , unless they promise to joyn the law and the gospel ; to give their advice without mony , or the hopes of gain : and yet if their charity or generosity shoud perswade them to undertake the cause thus in forma pauperis , that they give sufficient security , not to starve it ; that is , not to be back-ward in their giving advice according to conscience , not interest . when this is don , we are not secur'd unless the parliament provide that no infringer of the laws be pardon'd ; that is to say , that equal iustice be distributed , making no distinction between the persons of the highest and the lowest , when their crimes have made them equal . which can't probably be otherwise effected , than by constituting , as is don in venice , a new magistracy of public censors , who shal have inspection into the actions of all the courts of iudicature , and public offices whatsoever ; whose account shal by the parliament be receiv'd as authentic , and make the offenders obnoxious to degradations and pecuniary mulcts , to the satisfaction of the injur'd and a farther overplus to the public , unless in their judgments the accused fairly acquit themselves . that religion , as now manag'd , is made an art or trade to live by , and to enable the professors to abuse the credulous and unwary . that if intrest be not remov'd , and not opinions , but a good life be the character to distinguish real christians , from those who pretend themselves such , we shal never have peace here , nor assurance of happiness hereafter . that in granting liberty of conscience clergy mens advice is not to be harkn'd to , unless they wil resine their livings and dispute only for truth . that toleration is at this time , more especially , for three great reasons absolutely convenient ; first , to unite us at home ; next to enable us now and hereafter to resist the power of france ; this certainly requires all our strength which without union we cannot have : the third and great reason , to advance our trade . that the french are to be stopt in their career ; that to do so , it is necessary , a large and sufficient revenu , for ever ( if it be don wisely ) be fixt and setl'd on the crown , on the state ; i do not say , on the person of the king , for he is indeed , if rightly consider'd , but god's steward , and has so great a share in the trouble , that it is an unresolved question , notwithstanding all his glory and power , whether the roses of the crown make amends for its thornes , and , whether the softness of any lining can ease the weight of the burden he undergoes ; whose nights and dayes are made restless , by the pressures of that mighty care , to which , by the safety of three kingdoms , he is continually sollicited . if half a loaf ( as they say ) be better than no bread , 't is more eligible to part with som , than to expose all to the mercy of an enemy and conqueror ; from whom the greatest favor we can expect , is to becom , not a subordinat kingdom , but an enslaved province . that trade , is to be promoted , by all possible care and diligence , because by that we must be enabled to pay our taxes ; without which , we cannot withstand forrein violence . that trade is to be better'd , by inviting more people into the kingdom and employing all the idle hands we already have : that this is to be effected , by proposing advantages and rewards to strangers ; fit employments , threats and punishments to natives , by ascertaining all , ease and security in their persons , estates and purchases , by an uninterrupted and speedy course of iustice , firmly establishing the three great satisfactory desirables , liberty , property and religion . salus populi suprema lex . from — this th . of ianuary , / . sir , i am , &c. finis . errata . the reader is desir'd , before he runs thro this discourse , to mend with his pen , these few errata's , which are all that alter the sense . in the title page for ( member in ) read member of . p. . to the reader l. . r. unfashionable rigid vertu . p. . l. . r. destructive . p. , l. . r. grace or policy . p. . l. . r. actual summons . p. . l. . r. arising . p. . l. . r. a red sea p. . l. . r. finess . p. . l. . for ( unequal ) r. uneasy . p. . l. . r. claim a greater . p. last line , for ( make ) r. may . p. . l. . r. many many . notes, typically marginal, from the original text notes for div a -e de trinitate lib. . circa finem . epist. isaac . casaub . epist. . pag. . tertull. ad scap. cap. . lactant. lib. . c. . chrysost. homil. . in matth. sulpit. sever. lib. . c. , , &c. athanas. epist. ad solitarios . cod. iust. l. . tit . . de haereticis &c. cod. theod. . . sulpit. sever. lib. . c. . optat. cont. parmen . l. . c. . aug. contra epist. c. , . de gubernet . dei , lib. . pag. . notes for div a -e of the rise and power of parliaments . origin of government . of laws . of the courts of iudicature . of liberty and property . of religion . the interest of england , in refrence to france of taxes . of trade . magister artis ingeniqque largitor venter — tvvo speeches made in the house of peeres, on munday the th. of december, for, and against accomodation. the one by the earl of pembroke, the other by the lord brooke. the latter printed by the desire of the house of commons clarendon, edward hyde, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) tvvo speeches made in the house of peeres, on munday the th. of december, for, and against accomodation. the one by the earl of pembroke, the other by the lord brooke. the latter printed by the desire of the house of commons clarendon, edward hyde, earl of, - . brooke, robert greville, baron, - , attributed name. pembroke, philip herbert, earl of, - , attributed name. england and wales. parliament. house of commons. proceedings. - - . aut , [ ] p. s.n.], [london : printed in the yeare m.cd.xlii. [sic] [i.e. ] place of publication from wing. order to print on recto of p. signed: henry elsinge. by edward hyde, st earl of clarendon.--cf. halkett & laing, ( nd. ed.). dnb, vol. , p. states that edward hyde, earl of clarendon wrote "two speeches made in the house of peers on monday, dec. " anonymously on behalf of the king. the date is given according to lady day dating. reproduction of original in the university of illinois (urbana-champaign campus). library. eng great britain. -- army -- organization -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- charles i, - -- early works to . a r (wing p a). civilwar no tvvo speeches made in the house of peeres, on munday the th. of december, for, and against accomodation. the one by the earle of pembroke, clarendon, edward hyde, earl of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion two speeches made in the house of peeres , on munday the th . of december , for , and against accommodation . the one by the earle of pembroke , the other by the lord brooke . the latter printed by the desire of the house of commons . printed in the yeare m.cd.xlii . the earle of pembroke's speech in parliament on munday the th of december concerning accommodation . my lords , i have not used to trouble you with long speeches , i know i am an ill speaker , but though i am no scholler , i am an honest man , and have a good heart to my king and country . i have more to loose then many of these who so hotly oppose an accomodation : i will not forfeit mine estate to satisfie their humours or ambitions . my lords , 't is time to looke about us , and not to suffer our selves to be fooled out of our lives , our honours , and our fortunes , to helpe those men , who when their turnes are served , will dispise us ; and begin to laugh at us already . a fellow here of the towne , an ordinary , skurvie fellow , told mee the other day to my face , that he cared not if i left them to morrow : nay , if all the lords ( except three or foure that he named , and said , he was sure would not leave : them ) went to the king , they should do their businesse the better : yet my lords , i thinke wee have helped them : i am sure they could never have brought it to this without us . if wee had not joyned with them : i thinke the people would not have followed the house of commons , now they can do their businesse without us : 't will be worse shortly if wee do not looke about us . my lords , we were told this time twelve moneth , if wee would put out the bishops out of the lords house , no further attempt should be made upon the church : i am sure i was promised so , by some who would be thought honest men , and when i told them , it was reported that they meant to take away episcopacie , and the booke of common prayer , they protested to mee , that in the first they intended nothing but to appoint some godly ministers to assist the bishops in ordination , and some other things that i do not understand : and for the booke of common prayer , they who were strictest against it , and would never be present at it , assured mee that if it were once confirmed by act of parliament ( for they said many things were put into it by the bishops , without authority ) they would be content , and on my conscience so they would , if they had had the places they then looked for . now nothing will content them , but no bishop , no booke of common prayer , and shortly it will be no lords , no gentlemen , and no bookes at all , for wee have preachers already , that can neither write nor read . my lords , i wonder what we shall get by this war , we venture more then other men . i am sure i venture more then five hundred of them , and the most i can looke for is to scape undoing ; what betweene being a traytor , and being a malignant , wee have but a narrow way to walke in : wee heare every base fellow say in the streete as wee passe by in our coaches , that they hope to see us a foot shortly , and to be as good men as the lords , and i thinke they will be as good as their words , if we take this course . they say they will have no peace without truth : ' death , have we no truth ? have wee lived all this while in ignorance : i thinke our fathers were as wise men as they . had we no truth in q. elizabeths time ? have not all our famous , learned divines been able to teach us truth , but must wee learne it onely out of tubs . my lords , i am no scholler , but i understand men , and i had rather continue ignorant still then enjoy the truth these men would have ; i have served the kings father , and himselfe , and though i have beene so unhappy to fall into his displeasure , no body shall perswade mee to turne traytor , i have too much to loose . i am a true protestant , and i love the king and kingdome , and i am sure warre is good for neither of them . i would every bodies faults were forgiven them , and i thinke wee should all then take heed how we committed new . good my lords , let us have peace , and if these men will not consent to it , let us thinke of some other way to get it . the lord brooke's speech , in answer to the former . my lords , somewhat that fell from the lord who spake last calls me up , he tells you what he was promised by some , that this and that reformation would content them , and they would presse no further ; besides the conversation that we all know hath beene betweene them , he invited you by his eye to thinke a noble lord on the viscounts bench concerned : 't is true , severall discourses have often passed betweene them in my hearing of this businesse , and 't is very like he did not usually acquaint him with all his thoughts . if he found he was not like to hold out to the end of the journey , he was not to be blamed for desiring his company as farre as he was willing to goe ; the other part would be the easier performed by those to whom the lord hath revealed his will . if hee hath beene made an instrument of more service to god and his countrey then he intended , he should rather thanke the means that cozened him to so much good , then because his faith failes in the race , reproach them who first incouraged him to runne . if hee hath done nothing but what his conscience perswaded him was just and fit , he hath no cause to complaine ; if otherwise , i am sure nothing that my friend said to him , or promised him , can be his excuse . he tells you much of what he hath to loose , and into what great contempt the nobility will grow if there be not a speedy accommodation ; and i feare these vile considerations hath hung plummets on some of our wings , which by this time would have mounted us higher ; but these are the baytes the enemy of godlinesse and true holinesse flings in the way to discourage worldly minds from fighting the good fight of the lord . we doe not finde that among all the acts of the creation , the almighty ever made an earle , or a lord ; i will not deny but that sometimes ( not alwayes ) the hearts of princes have beene moved by providence to advance some persons to those degrees ; and surely if we shall be contented for the setting forward a good cause , to mingle our selves with the meanest of the people , for the procuring a parity in the church , to consent to a parity in the state ; and for the subduing the pride of kings , for a time to part with the power of noblemen , i doubt not but when the good worke in hand shall be finished , we shall be againe advanced above our brethren , according to our severall talents , and governe them according to that rule which shall most advantage gods cause . my lords , that lord shall not finde fault with me for concealing my intentions , i will deale freely with him , i am with all my heart against this accommodation , against any whisper or thought of accommodation , till his majestie shall submit to our propositions , and to all the propositions wee have since made ; and delivered up all those wicked evill counsellors , who have saucily told him , 't is lawfull for him to deny us any thing : i know we have many difficulties to wrastle with , and that many fall from us daily ; they who have much to lose ( as that lord said ) will be quickly weary of us , and yet some men of good fortunes will not leave us ; they who have a sense of gratitude , of pass'd obligations , or future hopes from his majestie , will be startled at our resolution : yet i see many here the most notoriously obliged , indeed as much as servants can be to a master , in this good cause have mastered those vulgar considerations , and had the courage almost to despise him to his face ; besides , the wisest men will not thinke themselves incapable of future favours , if they use their utmost power to reduce him to a necessity of granting : they who are transported with naturall affection to their fathers and brothers , kindred , friends , will not keepe us company ; yet this troubles me the lesse , whilest i see those noble lords in my eye , ( upon whom i can never looke enough ) who banishing those womanish and effeminate fancies , cheerfully undertooke to serve against that army , wherein they knew their owne fathers were ; and on my conscience ( i speake it to their honour ) had they met them alone , would piously have sacrifized them to the commands of both houses . they who thinke that humane lawes can binde the conscience , and will examine the oathes they have taken , according to the interpretation of men , will in time fall from us : but such who religiously consider that such morall precepts are fitter for heathens then for christians , and that we ought to leade our lives according to the rule of gods word ; and that the lawes of the land ( being but mans invention ) must not check gods children in doing the worke of their heavenly father , will not faint in their duty . my lords , it is a singular instance of gods blessing upon this parliament , that these truths which the pride and superstition of the bishops , used all possible meanes to smother , is now taught in pulpits , that the poore peoples zeale to god may not be corrupted by their duty to the king . by the christian labour of these painfull preachers , wee shall not want hands to bring all our wishes to passe ; and let not us out of any worldly respects , of estate , wives , children , honour , good nature , iustice , compassion , care of trade , of lawes , grow slack and lazy in our undertakings , upon the successe of which the eyes of christendome are fixt ; but let us proceed to shed the bloud of the ungodly . and so my lords , hoping that what that lord hath said , hath moved nothing with you , or the most of you ; and that what he can doe will prevaile as little in other places : i have expressed the thoughts of my heart to you , and if the house shall incline that way , shall desire leave to enter my protestation against any accommodation . wednesday the th of december . resolved upon the question , that mr boswell be desired to wayte upon the lord brooke , and in the name of this house to give his lordship thankes for the excellent speech he lately made in the house of peeres , against an accommodation , and to desire his lordship ( since this house is informed that the earle of pembroke hath given many copies of his speech , which occasioned the other ) that hee will cause that speech to be printed and published . henry elsinge , cl. dom. com. finis . a second narrative of the late parliament (so called) wherein, after a brief reciting some remarkable passages in the former narrative, is given an account of their second meeting, and things transacted by them : as also how the protector (so called) came swearing, by the living god, and dissolved them, after two or three weeks sitting : with some quæries sadly proposed thereupon : together with an account of three and forty of their names, who were taken out of the house, and others that sate in the other house, intended for a house of lords, but being so unexpectedly disappointed, could not take root, with a brief character and description of them : all humbly presented to publique view / by a friend to the good old cause of justice, righteousnesse, the freedom and liberties of the people, which hath cost so much bloud and treasury to be carried on in the late wars, and are not yet settled. wharton, george, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a second narrative of the late parliament (so called) wherein, after a brief reciting some remarkable passages in the former narrative, is given an account of their second meeting, and things transacted by them : as also how the protector (so called) came swearing, by the living god, and dissolved them, after two or three weeks sitting : with some quæries sadly proposed thereupon : together with an account of three and forty of their names, who were taken out of the house, and others that sate in the other house, intended for a house of lords, but being so unexpectedly disappointed, could not take root, with a brief character and description of them : all humbly presented to publique view / by a friend to the good old cause of justice, righteousnesse, the freedom and liberties of the people, which hath cost so much bloud and treasury to be carried on in the late wars, and are not yet settled. wharton, george, sir, - . , p. s.n.], [london : . "a list of ... names who were taken out of the house ..." paged separately. reproduction of original in huntington library. eng england and wales. -- parliament. a r (wing w ). civilwar no a second narrative of the late parliament (so called.) wherein, after a brief reciting some remarkable passages in the former narrative, is wharton, george, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a second narrative of the late parliament ( so called . ) wherein , after a brief reciting some remarkable passages in the former narrative , is given an account of their second meeting , and things transacted by them ; as also , how the protector ( so called ) came swearing by the living god , and dissolved them , after two or three weeks sitting . with some quaeries sadly proposed thereupon . together with an account of three and forty of their names , who were taken out of the house , and others that sate in the other house , intended for a house of lords , but being so unexpectedly disappointed , could not take root , with a brief character and description of them . all humbly presented to publique view by a friend to the good old cause of justice , righteousnesse , the freedom and liberties of the people , which hath cost so much bloud and treasure , to be carried on in the late wars , and are not yet settled . josh. . . cursed be the man before the lord that riseth up and buildeth the city jericho , he shall lay the foundation thereof in his first-born , and in his youngest son shall he set up the gates of it . job . , . i have seen the foolish taking root , but suddenly i cursed his habitation : his children are far from safety , and they are crushed in the gate , neither is there any to deliver them . job . . he disappointeth the devices of the crafty , so that their hands cannot finde their enterprise . job . . his confidence shall be rooted out of his tabernacle , and it shall bring him to the king of terrours . printed in the fifth year of englands slavery under its new monarchy , . courteous reader , there was formerly a narrative published , giving thee an account of the choosing , comming together , secluding of some , and sitting of the rest of the late parliament ( so called , ) as also of the things that did attend them , and the acts that were passed by them : the goodnesse of which acts , with their tendency to enslave and oppresse the nation , is sadly experienced ( to the cost and sorrow ) of not a few ; for instance , first , that wicked , vnjust , and oppressive act for new buildings , under which many a soul hath groaned ; some though having in the last , or years past , paid twice the value of their houses in taxes , have thereby been forced , unlesse they will be plundred or cast into prison , to pay a years rent more ; in the cruell prosecution of which act many sad cases have fallen out . secondly , the act for the excise , imposing it for ever ( with the customs ) as a standing revenue to the crown , and letting it out to farm , to the horrible oppression of the people , setting up patentees to rule them at pleasure . thirdly , an act for a three years tax to pay the souldiers , where the great ones get all , and the inferiours very little , but are behinde near a year ; many of them living on tickets , whilest their great leaders ruffle in their gallantry : and as if that were not enough , did then order a three moneths tax to be paid twice over . and to name but one more ( for brevity sake ) fourthly , an act for a high court ( so called ) of justice , for the preservation of the protectors person , as if the law and souldiers were not as sufficient to protect him now , as when he was generall , but an arbitrary and illegall court must be erected in a time of peace , to take away the lives of persons at their pleasure . there is likewise in that narrative a catalogue , or an account given of one hundred eighty two of the members of that unworthy assembly , who were sons , kinsmen , servants , and otherwise engaged unto , and had places of profit , offices , sallaries , * and advantages under the protector , ( so called ) whereby it doth appear , what fine suckers they are of the riches and fatnesse of this commonwealth , and how unlikely they were , being so pack'd for his interest , and so well seasoned with the salt of his palace , ( ezra . . ) to bring forth the so much prayed , engaged , fought , and bled for rights and liberties of the people . after some queries proposed thereupon , follows a catalogue of the kinglings , or the names of those seventy persons , ( most of them being the protectors kinsmen , and sallary-men ) that voted for kingship , with the counties for which they served , that so they may be remembred , and called to an account hereafter . after this , there is mentioned , how that the now government , of the humble petition and advice , pretended by them to be then settled , was carried in the house but by three voices , fifty three against fifty ; as also that it was contrary to the desires of the good people of the nation , but not being able at that time to get the names of those fifty three persons , who also highly deserve to be taken notice of , they were not therein mentioned ▪ you have also those members of that assembly , who though they gave not their vote either for king-ship , or the then government by the humble petition and advice , but protended to be against , and dissatisfied with both , sharply , and justly reproved , for betraying the trust committed to them by the people . first , for being so sneaking , and cowardly in their spirits , as to suffer their fellow members to be secluded from them ; and the council , who had nothing to do with it , so to intrench upon their priviledges , as to let none sit but whom they approved of . secondly , for being so ready to comply to sit , or adjourn at the protectors pleasure , as if they were his servants , and not he theirs . thirdly , that when they saw the liberties of the people endeavoured to be violated afresh by the kinglings , and also really given away by the afore-mentioned fifty three persons , who petitioned and advised the protector ( so called ) to take the government upon him , and to chuse his successour ; they did not cry out ; protest , declare against , and withdraw from them , which being their duty they ought to have done ; in doing whereof , those unparallel'd wickednesses would of necessity have fallen to the ground : but instead thereof went on with them , stifeling their own consciences , and endeavouring to satisfie their oppressed brethren , by saying , he had not the title of king ; as if all the evill , oppression , and arbitrarinesse lay in that ; when as at the same time , he hath the same , and no lesse power , then if he had the title , and were called king . yea , a far greater power then what cost so much blood and treasure , to oppse in the late king ; and that these slight pretences would not be plea sufficient to excuse them , in the day of their account for so doing . after which , some general queries being soberly proposed as a close to the whole , is the conclusion of that narrative . now here thou wilt finde related some of the most remarkable passages which occur'd in their second session , with the end , and dissolution of the whole , after two or three weeks sitting . as also something of another house , ( though namelesse yet ) covertly intended for a house of lords , with a description of forty three of them , by all which thou mayest be able in some measure to resolve thy thoughts concerning the change of the cause and principles , which these great masters formerly carried on , and professe to do so still . it is notoriously known how even the chief of them sometime said , it would never be well , neither should we ever see good dayes , whilest there was one lord left in england , nor untill you ( speaking so to him ) my lord of manchester be called mr. montague : yet now new lords must be made by the dozens . what declaring , what fighting hath there been , and how much bloud and treasure spent against a negative voice , in the king and lords ? yet now , not onely the protector himself , forsooth , but all his new upstart lords , such as were our equals , or it may be below us , must lord it over us , with their no , to our i. is not the world growne mad ? were there ever such wonders before ? to fancy what after ages will think of these men , who pretend to be of the saints of these times , will never make a person melancholy that shall be serious in it . not to trouble thee further , eye god more , and men lesse , and that will stay and quiet thy spirit : and say to thy self as the psalmist did , ( psal. . , . ) my soul wait thou onely upon god , for my expectation is from him . surely men of low degree are vanity , and men of high degree are a lye . a second narrative of the late parliament ( so called ) giving an account of their second meeting , and the things transacted by them ; as also their dissolution after two or three weeks sitting . with an account of three and forty of their names , who in the interval of the adjournment were taken out of the house , and others that sate in the other house , so greatly designed for a house of lords : with a brief character and description of them . the late parliament ( so called ) having made their new modell of government , called the humble petition and advice , before they had well licked their golden calf , or given the brat of their brain a name , were called upon to adjourn , and break up : and so making more haste then good speed , they left things very raw and imperfect , which afterwards occasioned great contests , and in fine , their dissolution . according to the time they adjourned unto , they assemble again , being january . . where after the usuall solemnities of devotion performed , they repair to the house , where they found some of their number commissioned , and impowered by the protector , to swear them . the copy of which oath here followeth . the oath . i do in the presence , and by the name of god almighty , promise and swear , that to the utmost of my power in my place , i will uphold and maintain the true reformed protestant christian religion in the power thereof , as it is contained in the holy scriptures of the old and new testament , and encourage the profession and professors of the same : and that i will be true and faithfull to the lord * protector of the commonwealth of england , scotland , and ireland , and the dominions and territories thereunto belonging , as chief magistrate thereof : and shall not contrive , designe , or attempt any thing against the person , or lawfull authority of the lord protector ; and shall endeavour as much as in me lies , as a member of parliament , the preservation of the rights and liberties of the people . which having taken , and coming into the house , they finde not onely some of their fellow * members , but their old servant and clerk , mr. scobell , gone , and a new one put in his room whose name is smith , which with biting a little the lip , and something in way of complement , as with a salvo of their rights and priviledges , they for quietness sake vote him ( so put upon them ) to be their clerk , and then settled themselves in a posture for their future work . and the first thing they undertake , is to keep a day of prayer in their house , which accordingly they did ; and with great prudence , plowing with an ox and an asse together , the presbyters and independents being both called to officiate . the other house , who would fain have the honour to be called lords , or rather a house of lords , did likewise in their house pray at the same time with much devotion , and did afterwards agree to send to the parliament , ( or as they would have them again called , the house of commons ) by baron hill and serjeant windham , ( after the manner of the house of peers formerly ) to declare their message , viz. that the house of lords , or the lords of the other house had sent unto them , to desire their joyning with them in a petition or message to the protector , that a day of prayer * and humiliation might be appointed through the whole commonwealth . which message begat very high debaets , and sharp speeches from many that were not at the making this lame and imperfect modell , so as the aforesaid messengers were fain to wait a long time ; but at length got this answer , viz. that they would return an answer by messengers of their own . the house filling daily , and many of those that had been secluded in the former session coming in , the face of things in the house were in a great measure changed , another spirit appearing in them then before , insomuch , that many made question of the things that were formerly done ; some speaking at a high rate in behalf of the rights of the english free people , and against the wrongs and injuries that had been done unto them . this being done day by day , and the house not agreeing what to call that other house , which was as it were a namelesse infant , and fain would be named the house of lords , was the greatest part of their work , save that now and then , some little matters came under debate , as the reviving and perfecting their committees , and reading some former bills . the lord cravens case also was taken in , and the councill on both parts heard at the bar of the house , with some other little matters that passed ; but the greatest part of time that was spent in the house , ( whilest sitting ) was in considering and debating what they should call the other house . towards the end of their sitting , there came another message from the other house , after the same manner as before , desiring their joyning with them , in moving the protector to order , that the papists , and such as had been in armes under the late king , might be exiled the city , and put out of the lines of communication , &c. this message being also designed as shooing ▪ horn , to draw on their owning of them , received a like answer as did the former . as for the other house ( who called themselves the house of lords ) they spent their time in little matters , such as choosing of committees , and among other things , to consider of the priviledges and jurisdiction of their house , ( good wise souls ) before they knew what their house was , or should be called . about which time also , a petition was preparing , by some faithfull friends to the good old cause , in , and about the city of london , which was afterward printed , and signed with many thousand hands : which petition makes mention of the severall particulars that were the grounds of contest between the late king , and parliament , and the good people of the nation . and prayeth , the settling those good things fought for , as the reward and fruit of the bloud and treasure so greatly expended in the late wars , &c. this petition was ready to be presented to the parliament ( in a peaceable way ) by the hands of about twenty in the name of the rest , desiring to submit the issue thereof to god , and the wisdom of that assembly . the court hearing of it , were so affrighted , as they began to consider how they might quell and put a stop to that honest spirit , which so appeared against them ; the protector ( in the mean while ) calling them traytors , and seditious persons , &c. threatning to cut their sculls , and to tread them down as mire in the streets , &c. and turned out * major packer , and most of the honestest officers of his regiment of horse , for refusing to serve his lust therein . and apprehending that nothing could do it , but a speedy dissolving the parliament , they put on resolutions accordingly , onely waited for a convenient opportunity . but something happening that morning , that put the protector into a rage and passion , near unto madnesse , ( as those at white-hall can witnesse ) he gets into a coach , and to the other house he comes , and sends for his son fleetwood , mr. nathaniel fines , and some others , acquainting them what his purpose and resolution was , and what he came to do , ( who as its said ) earnestly endeavoured to disswade him from it ; but he refused to hearken , and in great passion sware by the living god he would dissolve them . and so going into the house , and sending the black rod with a message , to call the parliament to come unto him , he with laying great blame upon them , and charging them with great crimes , and magnifying of himself ( as his manner is ) dissolved them . and this was the fourth parliament broken by him in five years . thus the two houses fell , and perished together ; their father , their good father , knocking his children on the head , and killing of them , because they were not towardly , but did wrangle one with another ; but what hath he gained thereby ? solomon the wise saith , prov. . . every wise woman buildeth her house , but the foolish plucketh it down with her own hands . vpon the whole , it is humbly queried as followeth , viz. first , whether there may not very plainly be read and perceived , a hand of displeasure from the almighty , blinding the eyes , and infatuing the understandings of those unworthy persons , who ( * hiel like ( would have built jericho again , ( to wit ) fallen monarchy in a single person and a house of lords , with their negative voices over the good people of these lands ) so as to cause , or suffer them to do their work by halves ? and to rise , and leave so lame , namelesse , and insignificant , their new modell of the humble petition and advice , ( alias instrument of bondage to the english nation . ) let the curse of confusion that attended the builders of * babel be considered of . secondly , whether those so very wise gentlemen , who saw it so necessary , and ventured so high , and took so much pains , to bring in again , and anew restore fallen monarchy and kingship in these lands , could according to the rules of common reason and understanding of men , imagine and conclude , that the gentlemen who had formerly been so wronged , abused , and exasperated by them , in being kept out of the house , would be so easie and tame , as presently , without any more ado , addresse themselves to lick their new golden calf , and nurse up that babylonish , antichristian brat , they had no hand in , but were against the begetting of ? and whether it doth not speak out a very great weaknesse in their councels , and a marvellous shallownesse in the protector , his council , and whole number concern'd in that design , in making no better provision before-hand , and seeing no further into the ensuing danger , so likely to attend their whole device , and the namelesse infant of the other house , which they would have to be christned , and called by the name of lords . thirdly , whether the good people of this nation have not cause for ever as to abhor the memory of the afore-mentioned back-sliding persons , so that parliament ( so called ) in the first session of it before their adjourning , that of their own heads , and contrary to their engagement to the * instrument of government ; by vertue whereof they sate at first , and without consulting the respective counties for whom they served , or so much as one petition delivered to them for that purpose , changed the government , and made one worse , harder , and more grievous to be born , then that they put away ; so fastening their new iron yoke upon the necks of the good people of this land , settling great taxes , with the customes and excise for ever , to keep this yoke upon them ? fourthly , whether those gentlemen kept out in the first sitting , when those hard things were transacted , and afterwards comming in , and being present in the second meeting , notwithstanding the so great reproach and dirt cast on them by the court , are not highly to be honoured and esteemed , for appearing and standing so far as they did , for right , and freedom , and against the bondages , which contrary to ingagements , covenants , and promises , were put upon the good people of this land ? as well as to be blamed , not onely for not declaring at their first seclusion , to inform the people of the wrong and injury done unto them ; but also , when afterward they whre so arbitrarily and tyrannically dissolved , with the rest of their unworthy brethren , they took it so patiently , and went so tamely home , and did not in the very time of the action , protest and declare against the tyrant , and then retire into their places , ( from whence they ought not to have stirred at first ) and call him to the bar , or otherwise proceeded against him for so doing ? had it not been sutable to , and well becoming that noble commonwealth spirit ( so much pretended to ) thus to have assay'd , though they had fallen in it ? and whether the army in honesty , conscience and duty , their former declarations and ingagements considered , ought not to have assisted them therein , as well as they did the long parliament against the king and his courtiers , upon the like account ? doth not the loud cryes of the souls of the saints * under the altar , slain for the testimony which they held in their day , as also the blood of the saints and others slain in the late wars , and the sufferings of our dear brethren in prisons and banishment , call for this their testimony also ? if so ? ought not this honest word of reproof for what is past , and of excitation for the future to take place ? fifthly , but since things were as they were , and as it seems could be no better , whether all good people in these nations , have not great cause exceedingly to blesse and praise the lord ? ( though they owe little to the instrument ) who ( ashur-like had other ends ) that the late parliament ( so called ) was dissolved ; who were many of them , such mercenary , sallary , and self-interested men , as in all probability , had they continued much longer , would have over-voted the lovers of freedom , and so have perfected their instrument of bondage , and rivetted it on the necks of the good people for ever by a law , and thereby made them vassals and slaves perpetually . but hitherto the lord hath in a great measure frustrated their wicked device , blessed be his holy name . sixthly , whether the protector ( so called be not a great destroyer of the rights and liberties of the english nation ? for hath he not in grossed the whole power of the militia into his own hand ? the right also of property ? power of judging all matters of the highest and greatest concernment ? and doth he not take on him to be sole judge of peace and war , of calling and dissolving parliaments ? raising money without consent in parliament ? imprisoning persons without due form of law , and keeping them in durance at pleasure ; using the militia in his own hand against the good people , in these fore-named things , and aginst their representers in parliamenr . seventhly , whether the protector , and the great men his confederates , be not rather to be termed fannattick , whimsicall and sickbrain'd , then those , ( who remaining firm to , and being more refined in their former , good , and honest principles , and will upon no account be drawn to desert the good old cause ) they account and call so ? and whether this unsettlednesse in their government , and changing both it and their principles , in so short a time ; and going so diametrically contrary to their former honest protestations , declarations , sermons , and actings , doth not in the view of all the world , declare them so to be ? eighthly , whether the protector ( so called ) be not that himself which he untruly charged upon the members turned out of the little parliament ( so called ) viz. a destroyer of magistracy and ministery ? of magistracy , in breaking four parliaments in five years ; and pulling up by the roots , what in him lieth , the very basis and foundation of all just power , to wit , the interest of the good people of this commonwealth ; making himself , and his own will and lust , the basis and foundation thereof ? and doth he not at his pleasure suppresse and destroy all military and civill power , and governours that submit not thereunto ? is he not likewise a great destroyer of ministery , in taking from them their religious , or divine capacities , putting them into that of lay or common ? and accordingly , in a professed way , preferring them to places of advantage by the tryers ? ninthly ▪ whether the protector be so wise and understanding , so tender and carefull of the common interest ( as is pretended to ) above all others whatsover ? yea , above and beyond the four parliaments he hath dissolved ? and may it not be enquired how he came to this great height of knowledge and absolute understanding , seeing there are very many worthy patriots , sometimes his equals ( at least ) of as high a descent , of as good breeding , of as great parts , of as fair an interest , as also as well versed in government as himself ? whether it may not be wondred at , that he should be so exceeding wise , and tender above all , even above parliaments themselves . tenthly , whether sir henry vane , major generall harrison , the late president bradshaw , sir arthur haslerigg , lieutenant generall ludlow , with hundreds more of worthy patriots , that have ventured far in their countreys cause , for justice and freedom , may not rationally be thought to be as carefull and tender of the good of their countrey as the protector ? eleventhly , whether it doth not rankly savour of high pride and arrogancy in the protector ( so called ) to set up his sense and judgement , as the standard for the whole nation , even parliaments themselves ? and whether thus to do , be not the sad fruit of enthusaisme , one of the great errours of this day and time ? twelfthly , whether the potector being so highly conceited of his own understanding , so changeable and uncertain in his principles and resolutions , so given up to his passion and anger , as against all advice and counsel , in a condition near unto madnesse , to swear by the living god he would dissolve the late parliament , and accordingly did so , though the doing of it tended to the hazard of the common-wealth ? whether he according to reason , can be thought a person capable , and fit to rule and governe this so great , so wise , and noble a people ? thirteenthly , whether since the protector assumed the government , the state and condition of this nation be not very greatly impaired ? their land forces wasted and consumed at hispaniola , jamaica , mardike , and elsewhere ? their shipping lessened and diminished ; their stores and provisions for sea and land expended and consumed without profit ; their magazines emptied ; their treasures wasted ; their trade in a great measure lost and decayed ; and very great new debts contracted , little of old being satisfied ? and whether all this be not the bitter fruit of apostacy and treachery , and setting up a single person , as chief magistrate , contrary to ingagements : and the casting away of that righteous cause of freedom , justice , and righteousnesse , this land was so engaged in ? lastly , whether the protector ( so called ) will not in all likelihood dissolve the next parliament also , if they begin to question and make debates of former transactions , and do not presently without any disputing , proceed to perfect the new modell , of the humble petition and advice ? what assurance shall be given to the countries and cities that shall chuse , or to the gentlemen chosen , that they shall not be served as those before were ? and whether , if the honest citizens shall begin to make ready their former sober , and very worthy petition , or one of the like nature , it will not be looked at again , as a crime little lesse then treason at the court , and become a means of sudden dissolution to the next parliament also ? alas for poor england ! what will become of thee in the end ? how hast thou lost thy self and thy good old cause ? and whither will these masters of bondage carry thee ? a list of their names who were taken out of the house , and others , ( being * forty three in number ) that sate in the other house , so greatly designed for a house of lords ; with a brief description of their merits and deserts : whereby it may easily appear , how fit they are to be called ( as they call themselves ) lords ; as also being so very deserving , what pity it is they should not have a negative voyce over the free people of this commonwealth . . richard cromwel , eldest son of the protector ( so called ; ) a person of great worth and merit , and well skilled in hawking , hunting , horse-racing , with other sports and pastimes ; one whose undertakings , hazards and services for the cause , cannot well be numbred or set forth , unless the drinking of king charles's , or ( as is so commonly spoken ) his fathers landlords health ; whose abilities in praying and preaching , and love to the sectaries , being much like his cousin dick ingoldsby's , and he so very likely to be his fathers successour , and to inherit his noble vertues , in being the light of the eyes , and breath of the nostrils of the old heathenish popish laws and customs of the nation ( especially among the learned ) the university of oxford have therefore thought fit ( he being also no very good scholar ) to chuse him their chancellour . and though he was not judged meet ( not having a spirit of government for it ) to have a command in the army when there was fighting , or honest and wise enough to be one of the little parliament , yet is he become a colonel of horse now fighting is over ; as also taken in to be one of the protectors council , and one of the other house , and to have the first negative voyce over the good people of this commonwealth , being in so hopeful a way to have the great negative voyce over the whole after his fathers death . . commissioner fiennes , son of the lord say , a member sometime of the long parliament , and then a colonel under the earl of essex , had the command and keeping of bristol , but gave it up cowardly , ( as it 's said ) for which he had like to have lost his head ; he being a lover of kingship and monarchy ( as well as his father ) was taken in by the protector at his first setting up , to be one of his council , and made commissioner of the great seal , as also keeper of the privy-seal , whereby his interest and revenue is raised from two or three hundred per annum , to two or a three thousand , and more : and for his merits and greatness , ( being after the old mode ) he was taken out of the late parliament , to be the mouth of the protector in that other house , and so is fit , no question , to have the second negative voyce over the good people of these lands . . henry lawrence , a gentleman of a courtly breed , and a good trencher man ; who when the bishops ruffled in their pride and tyranny , went over to holland , afterwards came back , and became a member of the long parliament ▪ fell off at the beheading the late king and change of the government , for which the protector ( then lieutenant-general ) with great zeal declared , that a neutral spirit was more to be abhor'd then a cavaleere spirit , and that such men as he , were not fit to be used in such a day as that , when god was cutting down kingship root and branch ; yet came in play again ( upon design ) in the little parliament , and contributed much to the dissolving of them , as also setting up the protector , and settling the instrument of government and a single person , affirming , that other foundation could no man lay . for which worthy services , and as a snare or bait to win over , or at least quiet the baptised people , ( himself being under that ordinance ) he was made and continued president of the protectors council , where he hath signed many an arbitrary and illegal warrant for the carrying of honest faithful men to prisons and exile without cause , unless their not apostatizing with them from just and honest principles . his merits are great and many , being every way thorough-paced , and a great adorer of kingship ; so as he deserveth , no doubt , and is every way fit , to be taken out of the parliament , to have the third place of honour , and negative voyce in the other house over the people of these lands . . lieutenant-general fleetwood , a gentleman formerly of the long parliament , and a colonel of their army ; then lieutenant-general , afterward married ( honest iretons widdow ) the protectors eldest daughter : major general lambert being put by , by the parliament from going over to ireland as lord lieutenant , it savouring too much of monarchy , and being not willing to accept of a lower title , he was sent over thither under the title of lord deputy in his room , where he continued about three years ; and to put a check upon those godly men there , who are no friends to monarchy , he was sent for over again , and cajoled in to be one of the protectors council , as also major general of divers counties in england : his salary supposed worth b l. per annum , by all which he is become advanced to a princely interest and revenue : he is one of good principles , had he kept them , and of good words like his father-in-law , whereby he hath deceived many an honest man , and drawn them from the good old cause , and by that way hath greatly served the protectors designes . his merits therefore are such , as he , no question , also , deserves to be taken out of the house , and made a peer , and to have a negative voyce in the other house when it shall be named lords ; notwithstanding he so helpt in the army and long parliament to throw down the house of lords , and to destroy their negative voyce , and did fight against it in the king . . colonel disbrow , a gentleman or yeoman of about sixty or seventy pounds per annum at the beginning of the wars ; who being allyed to the protector by marriage of his sister , he cast away his spade , and took a sword , and rise with him in the wars , and in like manner upon the principles of justice and freedom , advanced his interest very much : if he were not of the long parliament , he was of the little one , which he helped to break . being grown considerable , he cast away the principles by which he rise , and took on principles of violence and tyranny , and helped to set up the protector , for which he was made one of his council , and one of the c generals at sea , and hath a princely command at land , being major general of divers counties in the west , as also one of the lords of the cinque ports . his interest and greatness being so far advanced , his merits must needs be great , and he every way fit to be taken out of the house , and put into the other house , with a negative voyce over the good people , for that with his sword he can set up that again in the protector and himself , which before he cut down in the king and lords . . lord viscount lisle , eldest son of the earl of leicester , he was of the long parliament to the last , and at the change of government , and making laws of treason against a single persons rule , and , no question , concur'd with the rest therein : he was also of the little parliament , and of all the parliaments since ; was all along of the protectors d council , and was never to seek ; who having learned so much by changing with every change , and keeping still ( like his father-in-law the earl of salisbury , and peter sterry ) on that side which hath proved trump , nothing need farther be said of his fitness ( being such a man of e principles ) to be taken out of the parliament , to have a settled negative voyce in the other house over all the good people of these lands , he being a lord of the old stamp already , and in time so likely to become a peer . . sir gilbert pickering , knight of the old stamp , and of a considerable revenue in northampton-shire , one of the long parliament , and a great stickler in the change of the government from kingly to that of a commonwealth ; helped to make those laws of treason against kingship , hath also changed with all changes that have been since : he was one of the little parliament , and helped to break it , as also of all the parliaments since ; is one of the protectors f council ; and , as if he had been pin'd to his sleeve , was never to seek ; is become high steward of westminster ; and being so finical , spruce , and like an old courtier , is made lord chamberlain of the protectors houshold or court ; so that he may well be counted fit and worthy to be taken out of the house , to have a negative voyce in the other house , though he helped to destroy it in the king and lords . there are more besides him , that make themselves transgressors , by building again the things which they once destroyed . . walter strickland , sometime agent or embassador to the dutch in the low countries from the long parliament , and a good friend of theirs ; at length became a member of that parliament ; was also of the little parliament , which he helped to break ; was of the parliament since , and is now of the protectors g council : he is one that can serve a commonwealth and also a prince , so he may serve himself and his own ends by it ; who having so greatly profited by attending the hogan mogans , and become so expert in the ceremony postures , and thereby so apt like an ape ( with his brother sir gilbert , and the president ) to imitate or act the part of an old courtier in the new court , was made captain general of the protectors mag-pye or gray-coated foot-guard in white-hall ( as the earl of holland formerly to the king : ) who being every way of such worth and merits , no question can be made , or exceptions had against his fitness to be taken out of the parliament to exercise a negative voyce in the other house over the people of this commonwealth . . sir charles ousely , a gentleman who came something late into play on this side , being converted from a cavaleere in a good hour . he became one of the little parliament , which he helped to break , and to set the protector on the throne ; for which worthy service , he was ( as he well deserved ) taken in to be one of his council ; was also of the parliaments since : a man of constancy and certainty in his principles , much like the winde ; and although he hath done nothing for the cause whereby to merit , yet is he counted of that worth , as to be every way fit to be taken out of the parliament , to have a negative voyce in the other house over such as have done most , and merited highest in the cause , ( the protector and his fellow negative men excepted ) and over all the commonwealth beside . . mr. rouse , one of the long parliament , and by them made provost or master of eaton colledge ; he abode in that parliament , and helped to change the government into a commanwealth , and to destroy the negative voyce in the king and lords , was also of the little parliament , and their speaker ; who when the good things came to be done which were formerly declared for , ( and for not doing of which , the old parliament was pretendedly dissolved ) being an old bottle , and so not fit to bear that new wine , without putting it to the question , left the chair , and went with his fellow old bottle● to white-hall , to surrender their power to the general , which he as speaker , and they by signing a parchment or paper , pretended to do . the colourable foundation for this apostacy , upon the monarchical foundation , being thus laid , and the general himself ( as protector ) seated thereon , he became one of his h council , ( good old man ) and well he deserved it ; for he ventured hard : he was also of the parliaments since ; and being an aged venerable man , ( all exceptions set aside ) may be counted worthy to be taken out of the house to have a negative voyce in the other house over all that shall question him for what he hath done , and over all the people of these lands besides , though he would not suffer it in the king and lords . . major general skippon , sometime called the honest english captain in the netherlands , was afterward captain of those of the artillery ground in london ; who refusing to attend the king at york when he sent unto him , and adhering to the parliament , was by them made major general under the earl of essex , under whom many an honest man lost his life in fighting for the cause of freedom and justice , and against the negative voyce of the king and lords , whose blood surely will lye at some bodies door , and cry . he was of the long parliament , and helped to change the government , and make the laws of treaso● against a single persons rule , and was outed with them . after the little parliament ( for endeavouring to bring forth what the old parliament was turn'd out for not doing ) was dissolv'd , he was brought in play again by means of philip nye ( metropolitan tryer of white-hall ) and made one of the protectors i council , and major general of the city in the decimating business ; hath been of all the parliaments since : who being so grave and venerable a man , his errour in leading men to fight against the kings negative voyce , may be forgiven him , and he admitted as fit to be taken out of the house to have a negative voyce in the other house himself , not onely over those who have fought along with him , but all the people of these lands besides ; the rather , for that he is very aged , and not likely to exercise that power long . . colonel sydenham , a gentleman of not very much per annum at the beginning of the wars ; was made governour of melcomb regis in the west ; became one of the long parliament , and hath augmented his revenue to some purpose : he helped , no question , to change the government , and make those laws of treason against kingship ; was also of the little parliament , and of those that were since ; one also of the protectors ( k ) council ; hath a princely command in the isle of wight ; is one of the commissioners of the treasury : by all which he is grown very great and considerable : and although he hath not been thorough-paced for tyranny in time of parliaments , yet it being forgiven him , is judged of that worth and merit as to be every way fit to be taken out of the house to have a negative voyce in the other house over all his dependants , and all the people of these lands besides , hoping thereby he may so be redeemed , as never to halt or stand off for the future against the protectors interest . . col. mountague , a gentleman of huntingdonshire , of a fair estate , a colonel formerly in the association army , under the earl of manchester , where he for some time appeared ( whilst colonel pickering lived ) to be a sectary , and for lay-mens preaching , as also a lover of the rights and freedoms of the people , rather then of the principle he now acts by ; but that honest colonel dying , some other things also coming between , he became of another minde : he gave off being a souldier about the time of the new model , it 's likely upon the same account with colonel russel ; did not greatly approve of beheading the king , or change of the government , or the armies last march into scotland , as the protector ( then general ) may witness ; yet after the war was ended at worcester , and the old parliament dissolv'd , he was taken in ( though no change appearing from what he was before ) to be of the little parliament , which he helped to break , and to set up monarchy anew in the protector , which he designedly was called to do ; for which worthy service he was made one of the council , l a commissioner of the treasury , and one of the generals at sea ; he was of the parliaments since : all which considered , none need question his fitness to be a lord , and to be taken out of the house to have a negative voyce in the other house , not onely over the treasury and sea-men , but all the good people of these lands besides . . colonel philip jones , his original is from wales ; at the first of the wars he had about or l. per annum , and improved his interest upon the account of the cause ; first was an agent for some parliamenteers to london , where gaining acquaintance , and making good use of them , he became governour of a garison , then a colonel , as also steward of some of the protectors lands in wales , and one of the long parliament ; after of the little parliament , which he helped to break , and to advance the general his master to be protector ; for which goodly service , himself was advanced to be one of his council , afterward comptroller of his houshold or court : he made hay whilst the sun shin'd , and hath improved his interest and revenue in land ( well m gotten , no question ) to l. per annum , if not more : he is also very well qualified with self denying principles to the protectors will and pleasure , so as he is fit , no doubt , to rise yet higher , and to be taken out of the house to be a lord , and to have a negative voyce in the other house over all the good people in wales , ( if they please ) and over all the commonwealth beside , whether they please or not . all have not lost by the cause , though some have . . commissioner lisle , sometime a counsellour in the temple ; one of the long parliament , where he improved his interest to purpose , and bought state lands good cheap ; afterwards became a commissioner of the great seal , and helped in parliament to change the government from kingly to parliamentary , or of a commonwealth ; changed it again to kingly , or of a single person , and did swear the protector at his first installing chief magistrate , to the hazard of his neck , contrary to four n acts of parliament , which he helped to make , with others , that make it treason so to do . he hath lately retired for sanctuary into mr. rowes church , and is still commissioner o of the seal ; and being so very considerable in worth and merit , is also fit to be taken out of the house to have a negative voyce in the other house over the good people , and all such who shall any way question him : he is since made president of the high court ( so called ) of justice . treason never prospers ; what 's the reason ? for when it prospers , none dare call it treason . . chief justice glyn , sometime a councellour at law , and steward of the court at westminster , formerly one of the long parliament , and that helped to bait the earl of strafford , and bring him to the block ; was recorder of london , and one of the eleven members impeached by the army of p p treason , and by that parliament committed to the tower : the protector ( through apostacy ) assuming the government , took him up , and made him a judge ; and finding him so fit for his turn , did also make him chief justice of england : so that of a little man , he is grown up into a great bulk and interest , and of complying principles to the life , who being so very useful to advance and uphold the protectors great negative voyce , is thereby , questionless , in his sence fit to be taken out of the house , and to have a negative voyce himself in the other house , not onely over the people , but over the law he is to be chief judge of , and in a capacity to hinder that no good law for the future be made for the ease of the people , or hurt of the lawyers trade . . bulstrode whitlock , formerly a counsellour at law , one of the long parliament , profited there , and advanced his interest very greatly ; became one of the commissioners of the great seal ; one that helped to change the government , and make laws against a single persons rule : in the time of the little parliament , he went embassadour to sweden in great state ; that parliament being dissolved , he agitated there for the protector , then came over ▪ and when some alteration and pretended reformation was made in the chancery , he stood off from being any longer a commissioner of the seal , and became one of the supervisors of the treasury at l. per annum q salary : he is one who is guided more by r policy then by conscience ; and being on that account the more fit for the protectors service , there is no question to be made of his worth and merit to be taken out of the house to have a negative voyce in the other house over the people there , though he helped to put it down in the king and lords . . william lenthal , a counsellour at law , made speaker of the long parliament by the late king ; sate it out in all changes , weather'd many a storm and high complaint made against him , and was too hard and weildy for all his opposers : his policy and good hap carryed him on so , as he ended his being speaker , with the ending of that parliament . for the time of his fitting , he advanced his interest and revenue very much ; became mr. of the rolls ; purchased lands in others names as well as in his own , for fear of the worst ; he was ( to be sure ) at the change of the government from kingly or of a single person and a house of lords , as being useless , ſ chargeable and dangerous : as likewise at the making those laws of treason against a single person for the future ( not yet repealed . ) the little parliament ( where some of his law judicature was questioned ) being dissolved , and the protector taking the government upon him , he adventured to comply with the rest , notwithstanding the danger , that so he might keep his place and interest , and avoid a new storm or frown from the present power . men need not seek far ▪ or study much to read him , and what principles he acts by . all things considered , he may , doubtless , be very fit to be lord of the rolls , being master already , and to be taken out of the parliament to be made a lord , and to have a negative voyce in the other house over the people , as well as over the causes in the rolls , being so thoroughly exercised in negatives at his own will and pleasure , as too many have sadly felt . . mr. cleypole , son of mr. cleypole in northamptonshire , now lord cleypole , he long since married the protectors daughter ; a person whose qualifications not answering those honest principles formerly so pretended to , of putting none but godly men into places of trust , was a long time kept out ; but since the apostacy from those principles , as also the practise brake in , and his father-in-law ( the head thereof ) came to be protector , he was then judged good enough for that dispensation , and so taken in to be t master of his horse ; ( as duke hamilton to the king . ) much need not be said of him , his relation , as son-in-law to the protector , is sufficient to bespeak him every way fit to be taken out of the house , and made a lord ; and having so long time had a negative voyce over his wife , spring garden , the ducks , deer , horses and asses in jameses park , is the better skilled how to exercise it again in the other house over the good people of these nations , without any gainsaying or dispute . . lord faulconbridge , a gentleman whose relations are most cavaleeres , ( his uncle formerly governour of newark for the king against the parliament ) was absent over the water in the time of the late wars ; a neuter at least , if not disaffected to the cause ; came back , the wars being over , and hath lately marryed one of the protectors daughters , and was in a fair way ( had things hit right ) to have been one of his council , as well as his son-in-law ; however , ( suitable to the times ) he is lately made a colonel of horse : his relation both to the old and new monarchy , may sufficiently plead his worth and merits , not onely to have his daughter , but also a negative voyce in the other house , over all that adventured their lives in the cause formerly , and over all the people of these lands besides . . colonel howard , his interest ( which is considerable ) is in the north ; his relations there are most papists and cavaleeres , whom he hath courted and feasted kindly , and served their interest to purpose , it 's no matter who lost by it : in favour to sir arthur haslerigg , was made captain of the generals life-guard when he was in scotland , wherein he continued for some time in england after he was protector ; but not being a kinsman , or a person further to be confided in , in that place , was shuffled out from thence ; and to stop his mouth , made a colonel , and , as the book says , a major general , and had power of decimation , as also made governour of barwick , tinmouth , and carlisle ; hath also tasted with the first , of that sweet fountain of new honour , being made a viscount : he was of the little parliament , and all the parliaments since ; is a member of mr. cockains church , and of very complying principles ( no question ) to the service of the new court , from whence he received his new honour ; and having with his fellow lord cleypole so excellent a spirit of government over his wife , family and tenants in the country , to be taken out of the house to have a negative voyce in the other house , might seem of right to belong unto him , being also lorded before hand . . lord broghil , his rise and relation for means , is ireland , a gentleman of good parts and wit , able to make romance , but was not looked on formerly by those of the good old cause , as a person fit to be trusted with the command of one town or castle in ireland ; yet is he now , by this happy change , become a goodly convert to be confided in , and is made w president of the protectors council in scotland : he was of the latter parliaments ; a great kingling , and one that in the last parliament ( so called ) put on hard that way ; wherefore it were great pity , he being also a lord of the old stamp , and so well gifted , if he should not be one to have a negative voyce in the other house over the people of england and scotland , as well as of ireland , it being a good while since , and almost forgotten , that the protector said , it would never be well , and we should never see good days , whilst there was one lord left in england , and until the earl of manchester was called mr. mountague . . colonel pride , then sir thomas , now lord pride , sometime an honest brewer in london , went out a captain upon the account of the cause , fought on , and in time became a colonel , did good service in england and scotland , for which he was well rewarded by the parliament : with cheap debenters of his souldiers and others , he bought good lands at easie rates ; gave the long parliament a purge , fought against the king and his negative voyce , and was against the negative voyce of his brethren , the lords spiritual and temporal , being unwilling to have any in the land ; but hath now changed his mind and principles with the times , and will fight for a negative voyce in the protector , and also have one himself , and be a lord , for he is a knight of the new order already , and grown very bulky and considerable : it is hard to say how the people will like it . however , his worth and merits rightly measured , will , no question , render him fit to be taken out of the house to be one of the other house , and to have a negative voyce not onely over the bears , but all the people of these lands , though he did formerly so opppose and fight against it : and the noble lawyers will be glad of his company and friendship , for that there is now no fear of his hanging up their gowns by the scotish colours in westminster-hall , as he formerly so greatly boasted and threatned to do . . colonel hewson , then sir john , now lord hewson , sometime an honest shoomaker or cobler in london , went out a captain upon the account of the cause , was very zealous , fought on stoutly , and in time became a colonel , did good service both in england and ireland , was made governour of dublin , became one of the little parliament , and of all the parliaments since , a knight also of the new stamp . the world being so well amended with him , and the sole so well stitcht to the upper leather , having gotten so considerable an interest and means , may well be counted fit to be taken out of the house to be a lord , and to have a negative voyce in the other house over all of the gentle craft , and cordwayners company in london , ( if they please : ) but though he be so considerable , and of such merit in the protectors , as also in his own esteem , not onely to be a knight , but also a lord ; yet it will hardly pass for currant with the good people of these lands , it being so far beyond the last ; neither will they think him fit ( saving the protectors pleasure ) to have a negative voyce over them , though he formerly fought so stiffly against it in the king and lords , in order to set them free . . colonel barkstead , then sir john , now lord barkstead , sometime a goldsmith in the strand of no great rank , went out a captain to windsor castle , was sometime governour of reading , got at length to be a colonel , then made lieutenant of the tower by the old parliament . the protector ( so called ) finding him fit for his turn , continued him there , and also made him major general of middlesex in the decimating business , and assistant to major general skippon in london : he is one to the life to fulfil the protectors desires whether right or wrong , for he will dispute no commands , or make the least demur , but ( in an officious way ) will rather do more then his share : his principles for all arbitrary things whatsoever being so very thorough , let friends or foes come to his den , they come not amiss so he gets by it ; yea , rather then fail , he will send out his armed ▪ men to break open honest mens houses , and seize their persons , and bring them to his goal , and then at his pleasure turns them out : he hath erected a principality in the tower , and made laws of his own , and executes them in a martial way over all comers ; so that he hath great command , and makes men know his power : he was of the latter parliaments ; is one of the commissioners ( like the bishops panders in the kings days ) for suppressing truth in the printing-presses , an oppression once the army so greatly complained of ; is for sanctuary gotten in to be a member of mr. griffiths church ; is also knighted after the new order : and the better to carry on the protectors interest among the ear-boar'd slavish citizens , is lately become an x alderman : so that he hath advanced his interest and revenue to purpose . his titles and capacities emblazoned , will sufficiently argue his worth and merits , and speak him out fully to be a man of the times , and every way deserving to be yet greater , and ( haman-like ) to be set higher . all which considered , it would seem a wrong not to have taken him out of the house , and made him a lord of the other house with a negative voyce there , as well as where he is ; the rather , for that he knows so well how to exercise the same , having used it so long a season , as likewise that he may obstruct and hinder whoever shall question or desire justice against him for his wicked doing . . colonel ingoldsby , a gentleman of buckinghamshire , allyed to the protector ; he betook himself to the wars on the right side as it happened , and in time became a colonel : a gentlem●n of courage and valour , but not very famous for any great exploits , unless for beating the honest inne-keeper of alisbury in white-hall ; for which the protector committed him to the tower , but was soon released : no great friend of the sectaries ( so called ) or the cause of freedom then fought for , as several of his then , and now officers and souldiers can witness ; and although it be well known , and commonly reported , that he can neither pray or preach , yet complying so kindly with the new court , and being in his principles for kingship , as also a ( y ) colonel of horse , and the protectors kinsman , he may well be reckoned fit to be taken out of the house and made a lord , and to have a negative voyce in the other house over the good people of this land ; the rather , for that he as a gentleman , engaged and fought onely for money and honour , and nothing else . . colonel whaly , formerly a woollen-draper , or petty merchant in london , whose shop being out of sorts , and his cash empty , not having wherewithal to satisfie his creditors , he fled into scotland for refuge till the wars began , then took on him to be a souldier , whereby he hath profited greatly ; was no great zealot for the cause , but happening on the right side , he kept there , and at length was made commissary general of the horse : he was of these latter parliaments , and being so very useful and complying to promote the protectors designes , was made ( y ) major general of two or three counties : he is for a king or protector , or what you will , so it be liked at court ; is with his little brother glyn , grown a great man , and very considerable , and wiser ( as the protector saith ) then major-general lambert ; who having with his fellow lords cleypole and howard , so excellent a spirit of government over his wife and family , being also a member of z thomas goodwins church , no question need be made of his merit of being every way fit to be a lord , and to be taken out of the house to have a negative voyce in the other house over the people , for that he never ( as he saith ) fought against any such thing as a negative voyce . . colonel goff , ( now lord goff that would be ) sometime colonel vaughans brothers prentice , ( a salter in london ) whose time being near or newly out , betook himself to be a souldier instead of setting up his trade ; went out a quarter-master of foot , and continued in the wars till he forgot what he fought for ; in time became a colonel , and ( in the outward appearance ) very zealous , and frequent in praying , preaching , and pressing for righteousness and freedom , and highly esteemed in the army on that account when honesty was in fashion ; yet having at the same time ( like his general ) an evil tincture of that spirit that loved and sought after the favour and praise of man more then that of god , as by woful experience in both of them hath since appeared , he could not further believe or persevere upon that account , but by degrees fell off : and this was he who with colonel white , brought musquetteers and turned the honest members left behind in the little parliament out of the house . complying thus kindly with the protectors designes and interest , was made a major general of hantshire and sussex ; was of the late parliament , hath advanced his interest greatly , and is in so great esteem and favour at court , as he is judged the onely fit man to have major general lamberts place and command , as major general of the army ; and having so far advanced , is in a fair way to the protectorship hereafter , if he be not served as lambert was . he being so very considerable a person , and of such great worth , there is no question of his deserts and fitness to be taken out of the house to be a lord , and to have a negative voyce in the other house ; the rather , for that he never in all his life ( as he saith ) fought against any such thing as a single person , or a negative voyce , but onely to put down charles , and set up oliver , and hath his end . . colonel berry , his original was from the iron works , as a clerk or overseer , betook himself to the wars on the parliaments side , profited greatly in his undertaking , and advanced his interest very far ; who though he wore not the jesters coat , yet being so ready to act his part , and please his general , in time he became a colonel of horse in the army , afterward a major general of divers counties , a command fit for a prince , wherein he might learn to lord it in an arbitrary way beforehand at his pleasure ; that he is of complying principles with the court , his preferment sufficiently speaks out ( neither ought any other be believed of him , or any of his brethren , without a real demonstration to the contrary ) so that he may well pass for one to be a lord , and to be taken out of the house to have a negative voyce over the people , being so far advanced and gotten out of the pit above them ; and if he did formerly fight against a negative voyce , and lording it over the people , it may be forgiven him . . colonel cooper , sometime a shop-keeper , or salter in southwark , a member of thomas b goodwins church , one formerly of very high principles for common justice and freedom , like his brother , tichborn . the army then in scotland , sending into england for faithful praying men to make officers of , the honest people in the burrough recommended him to the general , in order to have a command ; who accordingly went down , but left his principles behind him , and espoused other ; was made a colonel at the first dash ; and though he began late , yet hath so well improved his interest , as he hath already gotten as many hundreds per annum , as he had hundred pounds when he left his trade : he hath a regiment of foot in scotland , and another in ireland , where he is major general of the north in venables room , and governour of carrickfergus , so as he is in a very hopeful way to be a great man indeed : he was of the latter parliaments , and there is full proof that he is every way thorough-paced and true to the new court-interest : so that upon the whole , he also may be counted fit to be a lord of the other house , and to have a negative voyce over the good people in southwark , if they please , and all the people of these lands beside , it being the pretectors pleasure ; the rather , he being the mirrour of the times for thorough change of principles , alderman tichborn and o. p. excepted . . alderman pack , then sir christopher , now lor●pack ; his rise formerly was by dealing in cloth , near the beginning of the long parliament , was made an alderman , was then very discreet , and medled little , more like a neuter or close malignant , then a zealot for the cause ; was a commissioner of the customs , also sheriff , and lord maior of london next after alderman viner : the protector taking on him the government , the sunshine of the new court pleased him , and brought him in full complyance : he was one of the last parliament , and zealous to re-establish kingship in the person of the c protector , and judged the onely meet man to bring the petition into the house , praying him to accept of , and take it upon him ; which though he then refused , yet ( as is reported ) hath since repented his then refusal . however , the now lord pack deserves well at his hands for that good service , who being a true kingling , and of right principles to the court-interest , hving also been a lord ( to wir , maior ) once before , may upon the whole be counted very worthy to be again so called , and to have a negative voyce in the other house over london , and all the people of these lands beside . . alderman tichborn , then sir robert , ( knight of the new stamp ) now lord tichborn ; at the beginning of the long parliament , when a great spirit was stirring for liberty and justice , many worthy petitions and complaints were made against patentees , the bishops , and the earl of strafford : he being the son of a citizen , and young , fell in and espoused the good cause and principles then on foot , and thereby became very popular , and was greatly cryed up by the good people of the city , &c. his rise was first in the military way , where he soon became a colonel , and by the parliament made lieutenant of the tower of london ; and though he was a colonel , yet never went out to fight , but became an alderman very timely , and then soon began to cool and lose his former zeal and principles , and left off preaching ( as his pastor mr. lockyer did the church ) to his brother george cockain . he was afterward sheriff ▪ and lord mayor in his turn ; was also of the committees for the sale of states lands , whereby he advanced his interest and revenue considerably : out of zeal to the publick , he offered the parliament to serve them freely as a commissioner of the customs , whereby he supplanted another , and planted himself in his room , and then with the rest of his brethren , petitioned the committee of the navy for a salary , and had it ; notwithstanding he was so well rewarded for his pains ( after he had pretended to serve them for nothing ) yet with his bro her col. harvy and captain langham came off blewly in the end : he was of the little parliament , and helped to dissolve it ; one of the late parliament also : he hath by degrees sadly lost his principles , and forgotten the good old cause , and espoused and taken up another , being so very officious for the new court-interest , and such a stickler for them , he is become a great favorite : it 's not hard to read his change , it being in so great letters . all things considered , he is ( no question ) fit to be called lord tichborn , being also so willing to receive and resolve to own that title whoever maligns it , as also of the judgement that whatever passes from him in any other name , will be void in law : wherefore to have a negative voyce in the other house over london , and all the good people of these lands , is very suitable to him ; and what though he was so great an opponent to those things formerly ? it 's no matter ; then was then , and now is now . . sir william roberts , a gentleman who in the time of the bishops ruffling , went into holland , and lived there for a season ; the parliament ruling , and in war with the king , came over again , and after the then mode , found favour , having upon the forementioned account been out of the land , and was made a great committee-man , and in much employment , whereby he well advanced his interest , and is grown a great man . he was of the little parliament , and helped to break it , and then ( according to rev. . ) rejoyced and made merry with the rest of his brethren in colonel sydenhams chamber , &c. as the lawyers and other vild persons made bonfires , and drank sack at the temple and elsewhere : but if ever a spirit of life from god ( which is not far off ) comes in to raise up that honest spirit by which some of them were acted , will not he , his brethren , and the rest of that earthly rout , ( the false spirit of magistracy and ministry ) be tormented and afraid ? he was of the parliaments since , and no doubt of right principles to the court interest , wherein his own is bound up : is one that helps on the bondage in divers great d committees where he sits ; and is therefore , no question , the more fit to be called lord roberts , and to be taken out of the house to have a negative voyce in the other house over the people , being so greatly experienced in that way already , having continued in the aforesaid committee so long . . colonel john jones , a gentleman of wales , one of the long parliament , was a commissioner in ireland for governing that nation under the parliament . one of good principles for common justice and freedom , had he kept them , and not fallen into temptation ; he helped to change the government , and make those laws of treason against a single persons rule ; hath a considerable revenue , and it 's likely did not lose by his employment : he is governour of the isle of anglesey , and lately marryed the protectors sister , ( a widdow ) by which means he might have become a great man indeed , did not something stick which he cannot well get down : he is not thorough paced for the court-proceedings , nor is his conscience fully hardned against the good old cause ; but there is great hope ( no question ) that in time he may be towardly : however , ( for relation sake ) he may be counted fit ( with his name-sake and countryman philip ) to be called lord jones , and to be taken out of the house to have a negative voyce in the other house over the people ; and all his being against such things formerly , may be forgiven , and not once remembred against him . . mr. edmond thomas , a gentleman of wales , of considerable means , a friend of philip joneses , and allyed to walter strickland , ( both of the council ) and brought in upon their account ; and of complying principles , no question , to say no more of him , ( not having been long in play ) being none of the great zealots or high sectaries ( so called ) in wales , may doubtless be counted wise and good enough to make a simple lord of the other house , and to be called lord thomas , and to have a negative voyce over all the good people in wales , with his countrymen john and philip , and over all the people of these lands besides . . sir francis russel , knight baronet of the old stamp , a gentleman of cambridgeshire , of a considerable revenue : in the beginning of the wars was first for the king , then for the parliament , and a colonel of foot under the earl of manchester ; a man ( like william sedgwick ) high flown , but not serious or substantial in his principles : he continued in his command till the new model , then took offence , and fell off , or laid aside by them : no great zealot for the cause , therefore not judged honest , serious or wise enough to be of the little parliament , yet was of these latter paliaments : is also chamberlain of chester at about l. per annum ; he marryed his eldest daughter to harry cromwel , second son of the protector , then colonel of horse , now lord deputy ( so called ) of ireland , another to colonel reynolds , a new knight , and general of the english army in france , under cardinal mazarine , since ( with e colonel white and others ) cast away coming from mardike ; there is no question but his principles are for kingship and the new court , being so greatly concern'd therein : wherefore it were great pity if he should not also be taken out of the house to be a lord of the other house , his son-in-law being so great a lord , and have a negative voyce over cambridgeshire , and all the people of these lands besides . . sir william strickland , knight of the old stamp , a gentleman of yorkshire , and brother to walter strickland , was of the parliament a long time , but hath now it seems forgotten the cause of fighting with , and cutting off the late kings head , and suppressing the lords , their house and negative voyce : he was of these latter parliaments , and of good compliance , no question , with the new court , and settling the protector anew in all those things for which the king was cut off : wherefore he is fit , no doubt , to be taken out of the house and made a lord ; the rather , for that his younger brother ( walter ) is so great a lord , and by whom in all likelyhood he will be steer'd to use his negative voyce in the other house over yorkshire , and the people of these lands , to the interest of the court . . sir richard onsloe , knight of the old stamp , a gentleman of surrey , of good parts , and a considerable revenue ; he was of the long parliament , and with much ado ( thorough his policy ) steer'd his course between the two rocks of king and parliament , weather'd some fore storms : was not his man taken in his company by the guard in southwark , with commissions of array in his pocket from the king , and scurrilous songs against the roundheads ? yet by his interest rode it out till colonel pride came with his purge , then suffer'd loss , and came no more in play till about worcester fight ; when , by the help of some friends in parliament , he was impowred to raise and lead as colonel , a regiment of surry men against the scots and their king , but came too late to fight , it being over : being popular in surry , he was of the latter parliaments ; is fully for kingship , and was never otherwise , and stickled much among the kinglings to that end ; and seeing he cannot have young charles , old oliver will serve his turn , so he have one ; so that he is very fit to be lord onsloe , and to be taken out of the house , to have a negative voyce in the other house over surry if they please , and all the people of these lands besides , whether they please or not . . mr. john fiennes , son of the lord say , and brother to commissioner fiennes , brought in , it 's likely , for one upon his score , is in a kind such a one as they call a sectary , but no great stickler ; therefore not being redeemed from the fear and favour of man , will , it is probable , follow his brother , who is ( as it is thought ) much steer'd by old subtilty , his father that lies in his den , ( as thurloe by his mr. st. johns ) and will say no with the rest , when any thing opposes the interest of the new court , their power and greatness ; and may therefore pass for one to be a lord , and to have a negative voyce in the other house over all in oxfordshire ( the university men onely excepted ) and over all the people of these lands besides . . sir john hubbard , knight baronet of the old stamp , a gentleman of norfolk , of a considerable estate , part whereof came lately to him by the death of a kinsman : he was of these latter parliaments , but not of the former ; had medled very little , if at all , in throwing down kingship , but hath stickled very much in helping to re-establish and build it up again , and a great stickler among the late kinglings , who petitioned the protector to be king ; his principles being so right for kingship and tyranny , he is in great favour at court as well as dick ingoldsby , and , no question , deserves to be a lord , and to be taken out of the house to exercise a negative voyce in the other house over all the good men in norfolk , and all the people of these lands besides , being become so very tame and gentle . . sir thomas honywood , knight of the old stamp , a gentleman of essex , of a considerable revenue ; he was a committee-man in the time of the long parliament , and also a military man , and led as colonel a regiment of essex-men to the fight at worcester ; came in good time , and fought well against kingship and tyranny in the house of the stewarts ; was of the last parliament : he is not so wise as solomon , or so substantial and thorough in his principles for righteousness and freedom as job , ( chap. . ) but rather soft in his spirit , and too easie ( like a nose of wax ) to be turn'd on that side where the greatest strength is : being therefore of so hopeful principles for the new court interest , and so likely to comply with their will and pleasure , no doubt need be made of his fitness to be a lord , and to be taken out of the house to have a negative voyce in the other house over all the good men in essex ( the now lord of warwick , the protectors brother-in-law excepted ) and all the people of these lands besides . . lord ewre , a gentleman of yorkshire , not very bulky or imperious for a lord ; he was once well esteemed of for honesty , and therefore chosen to be one of the little parliament ; hath also been of all the parliaments since : the yorkshire men happily may like his being new lorded , and that he should have a negative voyce over them ; the rather , because they never chose him to any such thing : the protector being so well satisfied with his principles , and easiness ( like his fellow-lord honywood ) to be wrought up to do whatever their will and pleasure is , and to say , no , when they would have him ; it is very meet he also pass for one to be taken out of the house to have a negative voyce in the other house , not onely over yorkshire , but all the good people of the commonwealth beside , being a lord of the old stamp already . . mr. hampden , ( now lord hampden ) a young gentleman of buckinghamshire , son of the late colonel hampden , that noble patriot and defender of the rights and liberties of the english nation , of famous memory never to be forgotten , for withstanding the king in the case of ship-money , being also one of the five impeached members , which the said king endeavoured to have pulled out of the parliament , whereupon followed such feud , war and shedding of blood . this young gentleman , mr. hampden , was the last of sixty two which were added singly by the protector after the choice of sixty together ; it is very likely that colonel ingoldsby , or some other friend at court , got a cardinals hat for him , thereby to settle and secure him to the interest of the new court , and wholly take him off from the thoughts of ever following his fathers steps , or inheriting his noble vertues , as likewise that the honest men in buckinghamshire , and all other that are lovers of freedom and justice , that cleaved so cordially to , and went so cheerfully along with his father in the beginning of the late war , might be out of all hopes of him , and give him over for lost to the good old cause , and inheriting his fathers noble spirit and principles , though he doth his lands . he was of the latter parliament , and found right , saving in the design upon which he was made a lord after all the rest , and the protectors pleasure . it is very hard to say how fit he is to be a lord , and how well a negative voyce over the good people of this land , and his fathers friends in particular , will become the son of such a father ; and how well the aforesaid good people ( now called sectaries ) will like of it : but being it is as it is , let him pass for one as fit to be taken out of the house with the rest to have a negative voyce , and let him exercise it in the other house over the good people for a season . sir arthur haslerigg . lord ? no ; stop there ! not lord haslerigg , a knight of the old stamp , a gentleman of a very large estate and revenue , was one of the long parliament , and one of the five impeached members whom the king endeavoured to have pulled out of the house with the other , but was hindered from doing of it ; was a colonel in the army , and adventured far in the wars , continued of that parliament till the dissolution thereof ; was also chosen of these latter parliaments , but not permitted to sit at the first ; he was by the protector ( as may be seen in the printed list ) cut out for a lord of the other house , and to have a wooden dagger ( to wit , a negative voyce , with the rest ; but he missed his way , and instead of going into the other house among the simple negative men , the f off-spring of the bastard of william the sixth duke of normandy , he went into the parliament-house among his fellow englishmen , and there spake freely , bearing a good witness in behalf of the good old cause , the rights and liberties of the people of england ; at which the court were vexed and sore displeased . however , for all this losing of his way , and the loss sustained by it , his fame and name amongst all true english spirits , will be higher and more honourable then the simple title of a new lord could make him : and instead of a negative voyce in the other house , he will be honoured by after ages as a rare phoenix , that of forty four was found standing alone to his principles and the good old cause so bled for : oh sad and wonderful ! but one of forty four to be found standing firm to so noble a cause as ever was on foot since the world began ? let all true english spirits love and honour him , and that will be better then a feather in his cap , or a wooden dagger . his name for ever in the chronicles will live , as one that was a true patriot of his countries liberties ; which noble action ( if he persevere and be more refined in that honest spirit ) may deservedly obliterate all humane frailties and mis-carriages of his , during the sitting of the long parliament , and the free people of england may ( doubtless ) for ever bury them in oblivion . no question the protector found he was mistaken in him , and that he was not fit to be a lord , or to have a negative voyce , being of no more complying principles to his interest and designes , and the then new model of government , and will scarcely adventure to give h●m a second invitation to that great honour and dignity he so ungratefully and disdainfully slighted . there was one or two more of the new champions , that with their wooden daggers went into the other horse to fight against the rights and liberties of the good people of these lands ; but their names being wanting , and not worthy the enquiring after , nothing can be said of their noble vertues , save that in all likelyhood they were of such worthy principles as their fellows were of , and such as would concur to carry on any design or interest they should be put upon , and would say no with the rest , when any thing came in question that seemed to be against the protectors height and absoluteness , or interest of the new court ; which he that hath but half an eye may see , was the onely designe of calling them thither , as a balance of government to the parliament , so greatly ( though falsly ) pretended for the good of the people . there were also of this chosen number of sixty two , some of the old earls and lords called peers , which stood off , ( viz. three earls , warwick musgrave and manchester , and two lords , say and wharton ) and sate not at all , disdaining , as some thought , to sit with these new up-start lords ; though others again apprehend that this their forbearance was onely out of their old state-policy , till they saw whether a house of lords formerly so abominated and thrown down ( by the consent and desire of the good people ) would again be resented and established , and then intended to come in ; but i shall leave it : some werein scotland , viz. general monk , earl of cassils , lord warriston , and sir william lockhart ; which persons may also discover to him that hath but half an eye , what a pitiful carnal low design they are carrying on . some in ireland , viz. harry cromwel lord deputy , ( so called ) recorder steel , and colonel tomlinson : some it may be had no great mind to it , to wit , colonel popham , mr. peirpoint : others it 's probable were letted by political or state-illness , or other occasions , viz. chief justice st. johns , mr john crew , sir gilbert gerrard , so as they also appeared not , there being not above forty four or forty five of that worthy choyce of sixty two , that appeared and sate there ; and it 's very likely some think there were too many of them . thus far the description and narrative . three or four general queries are further proposed for a close to the whole ; and it is humbly offered to all ingenious people , and queried , first , whether if it should come to pass ( as how soon we know not ) that that noble spirit should ( like a lyon raised from sleep ) rise again in the english people , such as it was in forty one or forty two , or about that time , whether these champions with their feathers in their caps , and their wooden daggers , and those fifty three persons who pretended to settle the government by the humble petition and advice , would be able to fight with , stand against , and overcome the same any otherwise then their predecessors the lords temporal , and the bishops the lords spiritual did then ? and whether it would not in all likelyhood fare with them and their dependents the patentees of the excise , and all others employed by them , that so oppress and impoverish the nation , as formerly it did with them , if not far worse ? they may please to think of it at their leasure . secondly , whether in these five years now past of the protectoral government , that blessed reformation which the protector ( then general ) and other grandees of the army so often promised , and for not bringing forth of which they pretend they dissolved the old parliament , hath so been set upon as to make any the least proceed therein ? or rather , hath there not been a gradual and an apparent relapsing into those very evils and enormities formerly so greatly shaken , and in some degree broken , but now healed again of their wound , and flourishing afresh with open face ; the spirit of wickedness and profaness being risen very high , even among professors , like the unclean spirit cast out , and entring again ? and in particular , that abominable corruption and abuse in the law , and administration of justice , touching which the protector ( so called ) sometime said , it was not to be endured in a christian commonwealth , that some should so enrich and greaten themselves in the ruine of others . so likewise that often complain'd of grievance of tythes , touching which he also said , ( as was lately attested in an open court of judicature , several standing by to witness the truth thereof , to whom the words were spoken ) that if he did not take away tythes , by the third of september next , ( to wit , ) or such a time , they should call him the greatest juggler that ever was , and would juggle in all things else . yet is there any thing done in either of these ? or any thing gone about tending thereunto , now in these five years ? as if it were so , that no fruit would ever grow upon such a tree , ( viz. the monarchical foundation ) which the lord hath pulled up and cursed , as the barren fig-tree was : onely there is one goodly amendment , to wit , a confirmation of the act for treble damages , to the undoing of many an honest man that upon conscientious grounds do scruple the payment of them . and as for the law and the lawyers , they are as before , if not much worse ; and is there any ground of hope that the next five years ( should he continue so long ) will produce any better fruit then the five that are already past ? thirdly , whether this calculation of these ignoble lords of the new stamp , being of several complexions , and standing in the aforementioned capacities and relations , having also such dependence upon , and lying under so great engagements unto the protector , ( so called ) as his sons and kindred , flattering courtiers , corrupt lawyers , degenerated sword ▪ men , and a sort of luke-warm indifferent country knights , gentlemen and citizens , most of them self-interested salary-men , be not likely ( according to the very specious pretence ) to prove a brave balance of government ? and whether the good people of this land are likely to have their just rights and freedoms , or religious men the liberty of their consciences by this constitution , any otherwise , then according to the pleasure of the protector and the court ? or then they had in the time of the late king ? and whether this calculation were made to any other end then so ? lastly , whether all things soberly weighed and considered , the times be now so happy and blessed as some do londly bespeak them to be ? and whether for the future we are likely to have such prosperity , success and good days as some so largely promise themselves ? and others it may be expected ? or whether such smiling upon old wickedness , and frowning and turning the back upon righteousness , suppressing its growth , be any comfortable ground of such hope and expectation ? or whether upon the whole series of things , as they now appear , there be not rather to be expected some sadder matter , if the lord in mercy prevent not ? let the wise in heart consider . the end . reader , if thy patience be not quite worne out , read the following postscript , which makes mention of the late flattering adresses , &c. it may concern you . as also a vindication of that faithful friend to the cause of god and his people , mr. john portmans , ( late secretary to the fleet under general blake ) now prisoner for truth in the tower , whom that lying court-pamphleter nedham hath falsly aspersed and reproached in the late diurnals . a post-script to the reader . the foregoing narrative was composing and preparing to have come forth ( like apples of gold in pictures of silver ) in the fittest season , during the life time of oliver the late protector ( so called ) and calculated for that end , among other , that as in a glass he might clearly see his mutability and changeableness in his principles , as also his judas-like treachery and deceit , and how wickedly he had dealt with the lord , his people , and the nation , and the righteous cause on foot therein ; but the lord having in answer to the earnest desires and prayers of some of his faithful remnant , and in great mercy to the nation and the good people therein , and the righteous cause , removed and taken him out of the way , it was thought fit however to publish it for the sake of his associates and confederates he hath left behind him , who may happily make some use of it ; as also that the standers by , yea , the whole nation , might likewise see and judge of what hath lately fallen out in this our day . it is said of jeroboam the son of nebat , that he not onely sinned himself , but made israel to sin ; and there were those of his confederates that then sinned with him , and after he was dead and gone , of whom it is recorded , kin ▪ . compared with kin. . , . that they walked in the ways , and departed not from the sins of jeroboam the son of nebat who made israel to sin . the parallel hereof we have in england in this our day : oliver the late protector ( so called ) who ( jeroboam ▪ like ) so greatly appeared with the people for justice and freedom against oppression , highly professing and declaring for the same , hath sinned in the breach of those protestations and declarations , in building again those things he had been so greatly instrumental to destroy ; therein surpassing not onely the deeds of the wicked who were cut off upon the like account , but also of jeroboam , who never made such professions and declarations as he had done . there also are of his confederates ( as the confederates of jeroboam ) that sinned with him in his apostacy and revolt , and do yet continue in those sins , and walking in his steps now he is dead and gone , as if they took no notice of the displeasure and wrath of god revealed from heaven against him , in cutting him off for his unrighteousness . israel smarted sorely for their evil , and at last were carryed away captive : england hath likewise suffered , and is brought very low , as tradesmen of all sorts , shop-keepers and others both in city and country find by such sad and woful experience as they never did before , nor in the memory of man was the like ever known or heard of ; and what may further suffer , the lord ( who will not be mocked ) onely knows . for how unworthy are the people of this generation , not onely the more dark and sordid , but too many who profess to be saints , and are pastors and members of churches , nay , some who are mercurial and more high flown , that once spake the language of zion , and highly appeared for the good old cause , who notwithstanding they have seen the mighty arm and power of god displayed , in bringing down the unrighteous , oppressive , high and lofty ones ( with their foundation ) for their unrighteousness and oppression , yet have so far forgotten the good old cause so signally owned from heaven , and are so besotted and degenerated , into a self-seeking , slavish and enslaveing spirit , as they not onely justifie , but strengthen their hands , who ( instead of pressing forward mith more refinedness in that work and cause , leading to what it shall be when the promises and prophesies relating to the kingdom of christ and zion shall be fulfilled ) have made a captain or protector , and are gone back to egypt , ( to wit , the old wicked foundation and things of monarchy that have been destroyed ) and thereby under a new name upholding and keeping the people under the old oppressions : and do say of g g in their addresses to his son richard his worthy successour . oliver their late egyptian captain , who hatched this cockatrice egge , and brought forth all this wickedness , and thereby did more hurt to the nation then ever he did it good , and for which his memory will deservedly for ever stink in the nostrils of the lords faithful people , that he was a moses , the great father and protector of his people , our late most worthy prince that used all means to deliver us from bondage , by whom we enjoy freedom in spiritual and civil concernments , &c. most excellent prince of happy memory , the famous champion of our liberties , &c. the father , protector and buckler of these nations , and the people of god , who res●ned , procured and maintained our just liberties to us , &c. the great assertor of the liberties of gods people , and a lover of their civil rights , &c. who well deserves to be a pattern to all succeeding princes , &c. our gracious benefactor , a nursing father to his people , by whose hand the yoke of bondage hath been broken both from the necks and consciences of good people , &c. an instrument of unspeakable blessings , all whose great enterprises the lord constantly prospered with high success , &c. the great protector of our peace and joy , who admirably got and h h have you forgot hispaniola and the war with spain ? never lost , but left three nations in peace , &c. we cannot but deeply resent that sad stroke of providence that took away the breath of our nostrils , and smote our head from off our shoulders , your highnesses most gloriously renowned father . our elijah , &c. your most illustrious , accomplished , most glorious , heroical , most renowned , blessed , most holy , serene , princely father , that sacred person , the delight of our eyes , our glorious sun is set , that unspeakable loss , the light of our eyes , and the breath of our nostrils , &c. but alass ! this our moses the servant of the lord is dead ; and shall we not weep ? if we weep not for him , yet we cannot but weep for our selves ; we cannot but look after him , crying , our father , our father , the chariots of israel and the horsemen thereof , &c. falsly and wickedly alluding to moses and elijah , those two , for ever to be honoured , faithful servants of the lord : with many other the like fawning , blasphemous , lying expressions , have they , in those wicked addresses , wherein they lye and flatter : for the lord and his faithful remnant know he was not so , especially in his latter days , but was rather acted by the back sliding spirit of corah , dathan and abiram , as also the famous and renowned princes of the congregation ; yea , the congregation it self , who rebelled against the spirit of the lord in moses , caleb and joshua , &c. and would not press on to canaan , ( the work of that day ) but said , let us make a i i n● captain , and return into egypt , and would have stoned caleb and joshua because they would have had them gone forward : as also by the spirit of ahab , jehu , and the rest of the back sliding wicked kings of israel and judah : the spirit of the beast and false prophet in the former and present monarchs of this and other nations , which the lord hath , and will disown and curse ; but not the spirit of elijah , moses , caleb and joshua , the lords faithful persevering ones of old , as by what is before and afterwards mentioned doth too plainly and sadly appear ; for he not onely endeavoured to establish himself in this tyranny , but before his departure , when he scarce had his sences , or could hardly speak , appointed ( as some report , though some think otherwise ) his forementioned eldest son richard , to succeed him in the government to support and maintain that apostacy and wickedness which himself and thurlo , &c. had been the first contrivers , and then actors of , thereby to hold us perpetually under the old monarchical egyptian bondage ; which was no sooner effected , and he proclaimed , but the aforementioned addressors , as they blasphemously and flatteringly speak in way of honouring his father , so in the same adresses do they speak of him , falsly and wickedly alluding to good joshua , solomon and elisha , who succeeded moses , david and elijah , after their death , saying to this purpose : we humbly beg , that though your renowned father , who as a designed instrument , helpt us out of egypt ( having canaan in his eye ) was even then called to mount nebo to dye there ; yet you as another joshua with his spirit re-doubled upon you , may by the efficacious conduct of the captain of the lords host , lead us into a more full possession of truth and righteousness , &c. in times of old , when god took away moses from his people , in tender mercy he gave them a joshua to succeed him : such are our hopes of your highness . gods aim and end in taking away his moses , was to usher you in , his joshua , &c. but since it was the will of god our glorious sun should set , and that even whilst he was ascending , we ought to submit unto it : it is no little alleviation to our sorrow , that though our sun be set , no night hath followed , but our evening hath been light , by raising your highness into your royal fathers seat , &c. you are our great master , the person designed by god and man to reign over us , &c. it begets no little joy in our spirits , when we behold the son of that father by a divine providence succeed him in the throne by his own appointment , given us as a most choyce legacy and his last blessing , &c. a pledge of divine love and goodness to these nations , &c. some saying , if his father had not appointed him to succeed him , the common interest and peace of the nation , without gods assistance , had perished together with him , &c. happy successour , in whom we shall be able to say , mercy and truth are met together , under whose government righteousness and peace hath kissed each other , of whose exceeding vertues and endowments we have had experience , &c. god hath been pleased in the midst of judgment to remember mercy , in appointing your highness to succeed your father ; your most excellent serene highness , a branch of that princely stock , on you our hopes rest , richard by the grace of god lord protector ; your most serene highness , our soveraign and general , the noblest branch of that renowned stock : and desire that he might build up unto perfection upon that ( wicked ) foundation which his fathers blessed hand had laid . and pray that the spirit of their departed elijah , even the chariots and horsemen of israel might rest upon him , &c. and a great deal more of this blasphemous flattering stuff , which would be too tedious to relate : which addresses , the humble petition and advice , being so often mentioned , and their desiring him to keep the sword military in his hand , the design in them , and strain of expressions so like to other , begets a shrewd suspition , they were rather hatch'd at the court by secretary thurlo , and the old malignant pamphleter , lying , railing rabshakeh , and defamer of the lords people , nedham , alias mercurius pragmaticus , who formerly writ for the king against the parliament ; and by their mercenary emissaries and agents suggested to , and forced upon the simple people ( as the addresses to his father were formerly upon the army and elsewhere rather then in their first motion naturally flowing from the addressors : which the lord in due time will discover : and not onely these , but also that great independent doctor ( so called ) thomas goodwin , he ( aaron-like ) comes in as a leader or one of the first among them , to encourage the rejoycing and dancing about this new golden calf ; and in the speech that he made ( pretendedly in the name and by the appointment of the pastors and messengers of above congregational churches from several parts of the nation ( as says the pamphlet ) says he , we come with hearty acknowledgement of the best liberties enjoyed under your highness now blessed father , &c. all which have been continued to us through the protection of the great mordecai that sought the weal of his people , and spake k k was imprisoning the lords people for their faithfulness to the good , old cause and leaving them there when he dyed , a mordecai's spirit , and a speaking peace ? well said doctor peace to all his seed : blessed be god for his unspeakable gift , &c. which we are here come jonyntly to acknowledge to your highness , &c. we also come full of rejoycing , blessing god for so happy and quiet a settlement of the nation and government in your person and succession : solomon , though he had his name from peace , yet was not his first entrance so peaceable as this of yours , &c. and after mentioning about what they met at the savoy , and that his father knew of the meeting beforehand ▪ and approved of it , and of a declaration they had drawn up to clear themselves from the aspersions laid upon them , and laying down therein what the principles of the independents were , &c. and now ( says he ) we present to your highness what we have done , and commit to your trust the common faith once delivered to the saints , the gospel , and the saving truths of it , being a national endowment bequeathed by christ himself at his ascention , and committed to some in the nations behalf ; committed to my trust , saith paul , in the name of the ministers ; and we look at the magistrate as l l to wit , keeper of both tables . custos utriusque tabulae , and so m m do not these several churches by their silence hold forth that they consent to what their pastors and messengers have done herein ? & so are fallen in with , & abettors of the apostacy of this day ? and if it be not so , ought they not to declare against it ? commit it to your trust as our chief magistrate , &c. and we bless you out of zion , &c. which practice and speaking , especially considered as the case now stands , and as to the person to whom it is spoken , having also ( according to the doctors sence ) xo footing in scripture , is the practice and language of babylon , and not of zion , and greatly discovers that the poor doctor never had a true tincture within him , or taste of sweetness in communion with god in the discovery of that glory of zion , and kingdom of christ , he so largely hath spoken and writ of , but had it from books and hear-say ; for it is impossible that one who hath truly tasted of that glory , except he be desperately infatuated , or holds falling away , should bring forth such cursed untimely fruit , so contrary to the true light and spirit of zion , as this is . was not the bishops , and the simple clergy , who were acted by their fear or favour , formerly condemned by him and others for stiling the late and former kings , defenders of the faith , and supreme head of the church under christ ; so generally acknowledged in its original to proceed from harry the . who for self ▪ ends , not the glory of god , dethron'd the papal power in england , and took the popes ( usurped ) supremacy and title of defender of the faith , as well as the tythes and first fruits , upon and to himself . is it not the general received principle of independents and other sectaries ( so called ) who are clear sighted ( and not without ground ) to pleade against such a tenent ? but these things declare that mr. goodwin sucks such sweetness from the great soveraignty , honour and profit of magdalen colledge in oxford , and hath therewith drawn in such a tincture of that spirit which naturally and usually breaths in persons inhabiting those places as he is loth to be weaned from it ; and therefore will right or wrong turn in and comply with any thing , so he may keep his interest there : it will be well for him if i am mistaken . but i leave what may further be spoken to this subject , to a better pen , who may take it in hand when his book comes forth in print . and together with him , that cringing court ▪ chaplain peter sterry , that also bows to what ever is uppermost , speaking higher then all this , as is credibly reported by several godly men that heard him to their astonishment : holding forth his bible in the chappel of white-hall , he spake to this purpose : that if that were the vvord of god , then as certainly that blessed holy spirit ( meaning the late potector ) was with christ at the right hand of the father ; and if he be there , what may his family and the people of god now expect from him ? for if he were so useful and helpful , and so much good influenced from him to them when he was here in a mortal state , how much more influence will they have from him now he is in heaven ? the father son and spirit thorough him bestowing gifts and graces , &c. upon them . and a great deal more to this purpose : and as he spake thus blasphemously of his father , so the same spirit running in the aforementioned flattering addresses , breath'd from him to his son ( the now protector so called ) which also greatly discovers within what walls he breaths : but i shall let the father pass , and speak a little of the son his successour , and in short , a little answer to those flattering , blasphemous , ungodly expressions , couched in the late addresses to him , as if he were a second solomon , joshua or elisha . oh you blasphemous , lying , flattering cycophant addressours in city , country , army , &c. or off-spring of thurlo and nedham the pamphleter , who are so ready to cry up adonijah the false , and to cry and keep down solomon the true spirit of magistracy ! give me leave a little to reason with you : what eminent appearing work of grace or of the image of god did you ever experience in and upon him , or heard of from others not acted by a self-seeking , fawning , servile spirit , but truly fearing the lord ? what eminent action for god , his cause or people did you ever see or hear he did either in his fathers life time or since his death , that you so highly speak ? and allude as if he had a joshua , solomon , or an elisha's spirit ? is hawking , hunting , keeping race-horses , and riding horse-matches to the endangering of the lives both of horses and men ; wherein , for the most part , the most carnal of professors , and the worst of men are oftenest exercised , and must therefore of necessity be his companions , such a demonstration of those noble vertues and high endowments you so speak of to be in him ? pray bear with me , that i thus reason with you ; for my spirit is grieved when ever i read or think of these your late addresses ; and it is fully settled in my heart , and i can believe no other , but that it is a carnal , unbelieving , selfish , filthy spirit by which you are acted , and which the lord by his spirit in his people hath already , and will further discover , blow upon , and consume . doth the following words and action declare him to be what you so speak of him ? i will tell you what is commonly reported among honest men , which i had from a good hand , and am fully satisfied is very true , yea , and more then i shall here relate : one cornet sumpner in colonel ingoldsby's regiment , knowing the wickedness and naughtiness of major babington ( major thereof ) to be such as to dis-own and brow-beat the honest men in the regiment , and to countenance drunkards , lyars , swearers and haters of goodness and good men , being for a long time grieved thereat in his spirit , at length ( by the advice of some eminent in the army ) drew up several articles to present to a court-martial , or elsewhere against him ; which your most illustrious , serene and renowned protector , the inheritour of his fathers noble vertues , hearing of , sends for the cornet to come unto him ▪ who when he was come , the major and colonel ingoldsby , &c. being also present , your joshua , solomon and elisha spake after this manner to him : josh. what ? have you articles against your major ? corn . yes . josh. what are they ? corn . a pretty number of them . then the major began to answer to one , but nothing to the purpose ; but before the major had done , your most serene protector or joshua unjustly takes part with the major to help him out , saying to the cornet , you article against your major because he is for me ? you are a n n meaning the officers who often met to seek the lord , and bewail their apostacy from the good old cause . company of mutineers , you deserve a hundred of you to be hanged ; and i will hang you , and strip you as a man would strip an eele ; you talk of preaching and praying men , they are the men that go about to undermine me . and clapping his hand upon colonel ingoldsby's shoulder , said , go thy way , dick ingoldsby , thou canst neither preach nor pray , but i will believe thee before i will believe twenty of them . and says he to the cornet , you never owned my father ; you have lost your commission , and shall never ride more in this army , &c. and a great deal more to this purpose , which i leave to pragmaticus ( formerly the old , now the new court-pamphleter ) more perfectly to relate . is this speaking or action , the righteousness and peace kissing each other , that you so speak hath been since he took the government upon him ? or would joshua , solomon or elisha thus take part with wickedness and wicked men , and do so unrighteous and wicked an action , and speak thus profanely and wickedly ? surely no : vvherefore acknowledge your iniquity , and lye low before the lord for these your blasphemous , lying , flattering expressions in your wicked addresses , whereby you have so reproached and wronged good joshua , solomon and elisha , in making such undue comparisons : wherefore repent , you flattering courtiers , peter sterry , and ye other court-chaplains : repent , repent , thomas goodwin , and ye pastors and messengers of ( as it 's said ) above an hundred congregational churches in england : repent you apostate army ; repent you mayor , aldermen , common council , and militia of london , whose principles are so base and mercenary , and like a beast looking downward , as to side with ( whether right or wrong ) whatever is uppermost , like your sword-bearer and officers , who cry grace , grace , and bow to one lord maior to day , and do the same to the next the morrow . repent also you presbyterian classical ministers of the city , &c. who by the perswasion of three or four eminent self-interested cycophants among you , were drawn in against your light and consciences to carry your bodies to white-hall ( leaving your hearty good will at home ) to address your selves to this new golden calf , as an owning of him , and this from unbelief and slavish fear of being frowned upon , or losing your parish ▪ places . vvill such a practice as this stand good before the lord in the day of your account ? repent also all of you for your spending or l. about a heathenish popish funeral pomp , not onely wicked in it self , but at a time when so many tradesmen and others break and are ready to starve ; and when you had done , then following an image of wax to westminster as if it had been a dead mans body ; wherein you lyed unto , and mocked both god and man . repent also you country professors and others , of these flattering , blasphemous , lying addresses , and speak nor do no more so wickedly , lest the judgements of the lord break in upon you , as upon back sliding israel of old , and your carcasses fall in the wilderness . &c. as theirs did , for making , and then dancing about the moulten calf , and their desiring to make a captain to return into egypt , and opposing the spirit of the lord in moses , caleb and joshua , and his work in that day . and take heed , oh you parliament , that you do not say or do as these have done : whom i so call , if you keep close to , and endeavour the promotion of the good old cause , and cast out the false sp rit of the egyptian bond-woman , the protector ( so called ) and his lords ▪ and make way for , and bring in the spirit of zion , the freewoman , the true spirit of magistracy , by judges and counsellours as at the beginning , men fearing god , and hating covetousness , and faithful with all the saints . if you thus proceed , my self , and the lords faithful people will love , own , live and dye with you ; if not , we shall abhor and dis-own you as we did the former and now protector and his lords ; and shall trust god with our liberties , and not fear your frowns . and now a word for your encouragement , my friends , who remain faithful to the lord in this evil day ; and are , as it were , in the clefts of the rocks , ( cant. . . ) and secret places of the stairs , in pain , crying and praying night and day , giving the lord no rest ( isai. ● . , . ) till he revive the good old cause , and cause the righteousness of zion to go forth as brightness , and the salvation thereof as a lamp that burneth , and until he make jerusalem a praise in the earth : whose voyce , in his account ( going forth in the power of his spirit from the sweetness you have tasted in communion with himself in the discovery of this glory ) is sweet , and countenance is comely , and unto whom he will in the best time say , rise up my love , my fair one , and come away ; for lo , the winter is past , the rain is over and gone . isa. . . the flowers appear on the earth , isai. . . chap. . . the time of the singing of birds is come , isa. . . and the voyce of the turtle is heard in our land , zach. . . and will rejoyce over you as the bridegroom over the bride , with joy and singing , and will rest in his love , zeph. . . compared with isa. . . vvherefore be not dampt or discouraged in your spirits at the hearing and sight of the late addresses , nor at the great cloud of vvitnesses therein seeming to own the present and former governour : what though many of them are men of such raised gifts and parts , and appearing grace , which to such as have not their eyes in their heads , and look not within the vail , may have an appearance the lord doth own them , and approves of what hath been formerly and lately done ? for though they are so great a cloud of vvitnesses , yet they are but vvitnesses in the clouds , whose testimony , carnal wisdom , policy and arm of flesh , will pass away like the morning cloud , or early dew : for the spirit of the lord in his people , like the waters , isa. . . hath overflown and looked into their hiding place , abhor'd and blown upon them , therefore follow not a multitude to do evil . what though there be so many prophets , great scholars , learned astrologers , and wise men among them ? yet know , that amongst almost prophets in the days of ahab and jehosaphat , but one micaiah , a true prophet that had the mind of god , among all the congregation that were going from egypt to canaan ; among whom were many renowned princes , priests and famous men , yet onely moses , caleb , joshua , &c. that truly followed god , numb. . among all the wise men in babylon , but one daniel a true prophet , dan. . but one noah a preacher of righteousness , and faithful in his generation before the flood , gen. . . one lot in sodom . among the seven churches , rev. . . but two , to wit , philadelphia and smyrna , whom the lord approves of ; but the other so carried it , ( except a few among them ) as he said it should be manifested they belonged rather to the synagogue of satan , then to the churches of christ . when the great destruction comes upon wicked men , a little before or upon the call of the jews , but a handful , or as the gleaning grapes when the vintage is done , shall lift up their heads , and rejoyce and glorifie god in the fires , isai. . they onely who speak often one to another when wickedness is set up , and they that tempt god are delivered ; alluding to israel , who would have made a captain to return again to egypt , or rather the apostacy of this our day , that the lord owns as those who fear him , and have the promise of the sun of righteousness to arise upon them , mal. . the false spirit of magistracy in adonijah aspiring to the government , had the assistance of the kings sons , abiathar the priest , joab the general , and all the captains of the host , &c. who with slaying of oxen , &c. eating and drinking , said , god save adonijah , and carryed it for a time against solomon : but the spirit of solomon , nathan the prophet , &c. who had the true spirit of government and prophesie , approved not of , or consented to it , but were for the true spirit to rule , king. . and so it is at this day ; and blessed be the lord that our eyes do see a people crying , longing , and will not be at rest till the earthy selfish spirit of magistracy be brought down , and the self-denying spirit of magistracy or horn of david now budding in zion come in its room , psal. . wonder not , neither be turned aside because of that great multitude on the one hand , or smallness of the number on the other , that truly and indeed appear for and own the cause of god ; but stand close , and be more refined in the light and spirit of zion , and keep your ground ; for the lord hath so appointed , that the foot shall tread it down , to wit , the meanest of the saints ; for it is very probable that many of the great and wise saints , ascording to rev. . . shall be found in the borders , and supporting the things of babylon , and casting out their brethren ( isa. . . ) saying , let the lord be glotified ; and having the mist of babylon before their eyes , shall say , the lord delays his coming , and will be beating their fellow servants , onely the feet ( to wit , the upright conversation ) of these poor ones who desire to keep close to god , and not to touch with babylon ; and steps , to wit , the faith , prayers , and honest endeavours of these needy ones , who long for , and cannot be at rest , till judgement , so visibly , return unto righteousness , that all the upright in heart may follow it : these shall trend down the lofty city , isai. . the least of the flock shall draw them out : the people that shall bring down the enemies of god in the latter days , are a very small and feeble remnant : when the lord comes to destroy babylon , and to build up zion , he will finde but a few upright ones , and those very destitute , helpless , and some of them prisoners too , for their witness to the true magistracy and ministry of zion , whose prayers he will hear , and not despise , and bring forth to declare his glory in zion , who shall in a holy triumph and rejoycing say , o lord , thou art our god : we will exalt thee , we will praise thy name , for thou hast done wonderful things , thy councels of old are faithfulness and truth , &c. lo , this is our god , we have waited for him , he will save us , we will be glad and rejoyce in his salvation . thou wilt keep him in perfect peace whose mind is stayed on thee , because he trusteth in thee . trust in the lord for ever , &c. isai. . , . chap. . , . which good and comfortable words shall certainly be made good , for heaven and earth shall pass away , but not one tittle of the word shall pass till all be fulfilled . i the lord will hasten it in its time , isa. . . with jer. . , . hab. . . read these scriptures . wherefore strengthen ye the weak hands , and confirm the feeble knees , &c. isa. . , . and you , my dear friends , commonwealths-men ( so called ) who so greatly seem to press for righteousness and freedom , labour to bring forth this righteousness , not by a commonmoral spirit and principle , but by the spirit of zion , a lively , spiritual , active frame of spirit , to wit , that frame mentioned sam. . ( not to be pulled and haled to do the good that lyes before you , that is more suitable to the unjust judge ) but be as ready to help and refresh , and therein be as suitable to delight the oppressed that come unto you , as the light of the morning when the sun riseth without clouds , is to those who have lost their way in a dark night , and as the tender grass springeth out of the earth by clear shining after rain : this is the spirit of the horn of david that shall bud in zion , psal. . the consideration whereof in the first man festation and declaration of it by the spirit unto and by david , having thereby a tast of that glory upon his spirit , made him to break forth into a holy triumph and rejoycing , saying , and this is all my salvation and all my desire , although he make it not to grow , ( to wit , in his day . ) leave no stone unturn'd , no means unus'd to let the people who come unto you speedily know one way or other what they shall trust to ; say not , go , and come again to morrow , if you can do it to day ; delayes are burdensome and chargeable . job , from the secret of god being upon his tabernacle , and the precious dew of the spirit compassing his root , and lying all night upon his branch , had much of this blessed frame upon his spirit , he put on and clothed himself with righteousness ; and had more love to judgement then to the robe and diadem ; and upon that account , he was eyes to the blind , feet to the lame , a father to the poor , and the cause which he knew not he searched one , chap . it concerns you , and is worth your reading . this will be the frame of the handful of corn in the earth , psa. ( or mountain establisht upon the top of the mountains , mich. . , . ) the fruit whereof shall shake like lebanon , they shall not be shaken by others , but themselves wilshake off their fruit : then wil you be & do according to the heart of god , and having this excellent spirit so freely , to make it your meat & drink to execute judgement , and therein to make your shadow as the night in the midst of the noon-day to the oppressed , you will abhor to bewray ( to wit ) give up their right and freedom into the hands of tyrants and spoylers tole to the oppressed as a hiding place from the wind , a covert from the tempest , as the shadow of a great rock in a weary land , and as rivers of water in a dry place , standing open ready to refresh those that are thirsty , will be the frame of christ and the saints ( the horn of david ) that shall reign in righteousness , &c isa. . , . then those that dwell under your shadow shall return , ( from their oppression ) revive as the corn , and grow as the vine , and your savour among both good and bad concern'd in you , will be as the wine of lebanon , hos. . and shall say , the lord bless thee , thou habitation of justice , &c. and wait for , ( to wit ▪ desire after you ) as ( the dry ground ) for the rain , and open their mouths wide as ( the mowed parch'd ground ) for the latter rain , job . . the foundation of the eternal welfare of your souls being first laid thorough faith in christ , and an holy unblamable conversation , ( without which you cannot attain unto the other ) it will then be your crown and rejoycing to forget the things behind , and to come up hither ; for herein doth the lord delight , ( as also will be the great glory of the latter days : ) and as you are in the power , glory and sweetness of his spirit herein exercised , will he delight in , and rejoyce over you , and you will live as it were in heaven while you are upon the earth , and he will be for your protection , as a place of broad rivers & streams , wherein shall go no gally with oars , or gallant ship pass thereby , &c. isa. . yea , your bow ( as jobs ) renewed in your hand , to shoot at your enemies upon all occasions . the presence of god being thus with you , your terrour will be upon all both at home and abroad that have a mind to hurt you , according to psa. . god is known in●er palaces for a refuge : for lo , the kings were assembled , they passed by together , they saw it , and so they marvelled , they were troubled , and hasted away : fear took hold upon them there , & pain as of a woman in travel ▪ thou brakest the ships of tarshish , &c. this salvation and forementioned righteousness , is the righteousness and salvation of zion , spoken of isa. . . which those who understand and taste the glory and sweetness of , cannot , will not hold their peace , or to be at rest , till it go forth as brightness , or as a lamp that burneth . this is the true spirit be growing up in your light , and in the frame of your spirit to these things : in order to which , pray for the dawnings of that measure of the spirit which the lord hath promised to pour forth in the latter days . the ordinary measures of the spirit relating onely to the work within , will not do it ; therefore is it that so many saints at this day turn in with the spirit and things of babylon . do not ( like alderman tichborn ) pretend to serve your country freely , and afterwards take great salaries ; the people are poor , and it is your duty that have estates , to take nothing from them except they freely give it : so ought also the ministers of christ to do . with other scriptures read micha . a word on the behalf of that faithful servant of the lord , mr. john portmans , now close prisoner under lock night and day in the tower of london , so that none may come with freedom to visit him . prov. . . open thy mouth for the dumb , in the cause of all such as are appointed to destruction . the reader may take notice , that mr. portmans ( formerly secretary to the navy ) could not in conscience continue his employment under this apostacy , though it were worth more then l. per annum ; and for his faithfulness to the cause of god , his people and the nation , hath ( amongst others ) been a sufferer unto bonds in the tower this of the month , a year wanting weeks , never hearing what was laid to his charge , or that there was any to accuse him of evil : having demanded of col. barkstead his jaylor ( when first brought in by his souldiers ) what his crime was , could get no answer , neither was there any exprest in the warrant by which he was apprehended ; the substance whereof was , that he should be brought into the tower to be kept until the further pleasure of the late tyrant , whom the warrant blasphemously stiled his highness the lord protector : who being lately dead , mr. portmans took notice of it in a letter to col. barkstead , delivered to his hand by two faithful brethren , meekly demanding , if he had any further warrant to continue him a prisoner : if he had , that then he might have a copy , or at least the sight of it ; which if he had not , in some short time , he must conclude there was none ; and therefore his occasions to go forth for the well-being of his family urging him to it , he should assay to attend upon them ; but if upon tryal he found the force continued , he must consider what might be his further duty . this for substance , but with more plainness was intimated in the letter , and accordingly a week after , not hearing from him , about three in an afternoon , not disguised , but in his constant habit , he went to the gate , expecting to be stopped rather then otherwise ; but finding the passage free , went forth to his brother-in-laws house , not with an intent to conceal himself ; from whence he was again taken within an hour . this is briefly and truly the matter of fact , and may , it 's hoped , justifie him in his attempt not to be left to any thing unbecoming a sober christian ; yet was he the rather induced thus to do , upon words not long before spoken by col. barkstead , viz. that he might go out if he would , asking some friends if there were no way to perswade him to it , &c. there needs nothing be said to such as know that foul-mouth'd malignant nedham , to wipe off the reproach he hath raised in his pamphlet , that mr. portmans should say , he would not go out if the gates were open , until he was satisfied for his imprisonment ; to go about to do it , were to imply that the pamphletter did sometimes speak truth ; which should he do , he would be utterly disabled to serve his masters , who make lies their refuge , and hire him at no small charge ( as a means to uphold their own reputation ) to asperse the faithful in the land ; yet considering the report may come to those that know him not , such may be assured , that mr portmans never spake any such thing , but hath ever declared , that he should not continue there , were the force he is under removed . but by all the noyse hath been made of this matter in the news books , they onely declare how grateful it would be to have any thing to colour over their unrighteous proceedings , and justifie themselves in their hard and more then heathenish usage of such as dare not say , a confederacy with them in their apostacy , for unto this hour , after now almost a years imprisonment , and at this time , so close , as that he is locked up night , and day , can he not hear of accusation or accuser , or so much as a vvarrant for his detension other then as is beforementioned , that he should be taken and kept during the pleasure of the deceased tyrant : which may become every true englishman to be sensible of ; for who knows whose lot it may be next , to feel the like oppression when it shall please our task-masters to impose it ? notes, typically marginal, from the original text notes for div a e- * which amounts unto in the whole , one million sixteen thousand three hundred and seventeen pounds sixteen shillings and eight pence per an. according to the favourablest computation by the former narrative , or book of rates . as it was said there , so here : if there be any mistakes , they are desired who best know , to rectifie them ; if not , then what is here mentioned may be taken for granted . nehemiah did not eat the bread of the govenor ; why must so great sallaries be continued to them who have gotten so much already . the taxes raised from the people to pay this , doth ruine thousands . notes for div a e- * can those be faithful to the rights and liberties of the people , who swear to be faith full to the government in a single person , which our too sad experience tells us so , naturally tends to destroy them ? do not those who so swear , undertake to uphold that in the protector which cost so much bloud and treasure to oppose , as antichristian and tyrannical in the king ? or is that a lawfull authority which contrary to all presidents and priviledges of parliament , was carried but by three voices of them that was permitted to sit , there being at the same time at least . of the members purposely kept out till that act was past ? ought not things to be searched into , and set right upon this account : for that ( mat. . . ) no man can serve two masters . * to the other house they were gone for greater preferment . * in nomine domini incipe om?ne malum . * as major packer , mr. k●ffin , and others , by endeavouring to promote the apostacy at its first rise , hath occasioned many baptized persons , and others , simply to wander after the beast . they now seeing their errour , ought they not to declare it to the people as also to stir them up to keep close with more refinednesse in their spirits to the good old cause , and to be for no single person whatsoever , till he comes , whose right it is , ezek. . . * kings . . * gen. . . . * the first instrument is not hereby owned , but abhorred as much as the latter , though i thus speak . * rev. . ● , . notes for div a e- * all of them , but four , are salary men , sons , kinsmen , and otherwise engaged to the protector , and allyed to his confederates . a as saith the book of rates , or former narrative . b see the former narrative . c his salary l. per annum . see former narrative , or book of rates . d his salary l . per annum e ask his late wifes sister , the lady sands . f his salary l . perannum , besides his other places . g salary l per annum , besides other places . h his salary for both places l. per annum . ( h ) his salary for both places l. s . d. i his salary for both places l. per annum . l his salary l. per annum . m if part of the purchase money was not paid with the great bribe of about l. for which ( as it 's credibly reported ) he hath been privately questioned , he would do well to clear himself , being very much suspected , having gotten so great an estate in so short a time n see these acts in a book called the looking-glass , pag. , . o salary l . per annum . p he helped to raise the crey against the army , and made the speak●r flee to the army for shelter , and chose another speaker in his room in the kings behalf ; and a great deal more . p his salary l . per annum q see book of rates . r ask george cockain . ſ see two declarations of parliament ; one against the lords , the other against kingship . t his salary is not wel known . and one● man told some of the council worse things of him then these . w his salary l. per annum . x his salary l . perannum . ( p ) his salary l . s. d. z note that man for what you may read in the post-script . a his salary l . s. d. besides major-generalship . b note him for the goodly speech he made to his new protector . c for which good service , upon his petition to the protector , he discharged him from an account of l. which he & others were lyable to make good to the treasury of the customs . d his salary l. per annum , though he hath a good estate . e white , who assisted col. goff to turn the honest members left behind in the little parliament out of the house . let goff look to it . ( d ) his s●lary per annu● though hath a g●… estate . f see armies declaration in looking-glass , p. . ( say they ) the first ground and rise of tyranny over the free people of this nation , did proceed from the bastard of william the sixth , duke of normandy , who to prevent the english of all relief by their parliaments , created lords by his patent and prerogative to sit by succession in the parliament as representors of his conquest and tyranny over us , and not by election of the people as the represeators and patrons of the common-wealth ; and to make his usurpation firm and inviolable , he subdued the law-giving power of the free people in parliament to the negative voyce of himself and posterity ; and under the yoke of this norman captivity and vilainage , we have been held by that succession to this very day , &c. see large petition , pag , . of that book . by the king. a proclamation concerning the due and orderly proceedings in the court of wards and liveries. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation concerning the due and orderly proceedings in the court of wards and liveries. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by leonard lichfield, printer to the university, printed at oxford : [ ] publication date from wing. dated at end: given at our court at oxford, the eleventh of november, in the nineteenth year of our raigne. . with engraving of royal seal at head of document. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . england and wales. -- court of wards and liveries -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation concerning the due and orderly proceedings in the court of wards and liveries. england and wales. sovereign f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ a proclamation concerning the due and orderly proceedings in the court of wards and liveries . his majesty having by his royall proclamation , setled the court of wards and liveries to be ke●● and held in his city of oxford , untill he shall otherwise ordaine the same ; to which place and 〈◊〉 the maister and councell of that court , there all his subjects who have affaires in that court m●●● and ought during that time make their resort . but his majesty finding a great neglect in those w●● should finde and returne offices after the death of the kings tenants , and thereupon make their co●●positions for wardships , and pay their monyes compounded for , pay the rents reserved and in 〈◊〉 time prosecute their liveries in that court , wheron a great part of his majestyes just revenue ●●●pends ; and his majesty being very willing and resolved to hold himselfe to such regular cou●●● as for many yeares past he hath prescribed to himselfe , for the good and safety of his good subjects , and of their estate● 〈◊〉 the case of granting of wardships ; yet least any of them should be misled and apply themselves to any other place o●●●ny other persons , and so by their negligence or error should incurre that danger or prejudice which they would o●●●●●wise willingly have avoided , or else his majestie to suffer in his just revenue through their default ; his majestie h●● therefore thought fit to give notice , & doth by this his proclamation give notice to all those whom it may any waies c●●●cerne , that as he on his part is , and will be constant to his rules of grace in the granting of wardships and preserving 〈◊〉 protecting their estates , if those to whom the same is so gratiously offered do not wilfully neglect it ; so his majesty d●●● hereby declare , that if those who do pretend , or might regularly pretend to become suitors for any wardship , or to h●●●● compounded for the same , or to sue out liverye of any lands , shall neglect within convenient time after the death of 〈◊〉 auncestor to finde an office and to returne the same into the petty bagge in chauncery , and to transcript the same into 〈◊〉 said court of wards and liveries at oxford , according as shall be ordered by that court , or shall neglect within conve●●●ent time to make their composition with his majesty , or with the councell of the said court now residing at oxf●●● on his majesties behalfe , or shall neglect to pay the monyes compounded and agreed for to his majessties recei●●● there , or shall neglect to pay the rents due and payable for the wards lands , or the meane rates paya●●● where meane rates shall be due , or shall neglect to sue out their liveries , when and where by law and by the cou●● of that court they ought , that in all those cases upon such neglect his majesty must be , and will be at his own liberty 〈◊〉 make his best advantage by granting such wardships to such others who will compound-for the same and pay the ●●●neys compounded for and not payd , and shall and will take his best remedy and advantage which by the s ; trictness● 〈◊〉 law in justice he can for the recovery of the rents and other dutyes due and payable to his majesty in those cases . 〈◊〉 that he will severely punish all those escheators , feodaries and other ministers of the said court , who shall in their ●●●spective place neglect their dutyes , to his majesties disservice . given at our court at oxford , the eleventh day of ●●●vember , in the nineteenth year of our raigne . . god save the king . printed at oxford , by leonard lichfield , printer to the university . die martis, september. a declaration of the commons assembled in parliament, concerning the summoning of the members to attend the house on tuesday the of septemb. . england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die martis, september. a declaration of the commons assembled in parliament, concerning the summoning of the members to attend the house on tuesday the of septemb. . england and wales. parliament. house of commons. sheet ([ ] p.). printed for edward husband ..., london : . imperfect: print show-through. reproduction of original in the harvard law school library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- history -- civil war, - . broadsides -- london (england) -- th century. a r (wing e b). civilwar no die martis, september. a declaration of the commons assembled in parliament, concerning the summoning of the members to attend the ho england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , septembr . . a declaration of the commons assembled in parliament , concerning the summoning of the members to attend the house on tuesday the of septemb. . whereas both houses of parliament have agreed upon a personal treaty with his majesty , which is speedily to commence : for the management whereof , the attendance of all the members of parliament will be very necessary , because in the multitude of councellors there is safety , and in the success thereof , the allaying of the present distempers , and future happiness of this kingdom is so highly concerned ; it is therefore ordered and declared by the commons assembled in parliament , that the respective sheriffs of each county within the kingdom of england and dominion of wales , do forthwith upon receipt hereof give particular notice to all the members of the house of commons , residing and being within their respective counties , to attend this house , according to the orders and votes hereunto annexed . resolved , &c. that the house be called on this day three weeks . resolved , &c. that a penalty shall be now fixed upon the defaulters at the next call of the house . resolved , &c. that the sum of twenty pounds be the fine as shall be set upon the defaulters at the next call . resolved , &c. that such members as shall be defaulters at the next call , and their excuses not allowed , shall pay the sum of twenty pounds into the hands of sir robert pye and mr. wheeler , before they come into the house to sit as members . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that this declaration and votes be forthwith printed and published ; and it is referred to the care of the committee that brought it in , or any two of them , to send printed copies thereof forthwith to the respective sheriffs of england and wales . h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons . . the declaration of thomas lord fairfax, and the rest of the lords, knights, esquires, citizens, ministers and freeholders of the county and city of york. fairfax, thomas fairfax, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the declaration of thomas lord fairfax, and the rest of the lords, knights, esquires, citizens, ministers and freeholders of the county and city of york. fairfax, thomas fairfax, baron, - . sheet ([ ] p.) printed for james williamson, london : [ ] dated at end: leeds febr. . . praying for a free parliament. annotation on thomason copy: "feb: . ". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early english books, - ). eng england and wales. -- parliament -- early works to . york (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the declaration of thomas lord fairfax, and the rest of the lords, knights, esquires, citizens, ministers and freeholders of the county and fairfax, thomas fairfax, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of thomas lord fairfax , and the rest of the lords , knights , esquires , citizens , ministers and freeholders of the county and city of york . whereas this famous county , honoured formerly for its puissance and strength by which they have always been taken for the bulwork of this nation , are now reputed so inconsiderable that they have not at this time a representative in parliament : and being deeply sensible of the confusions and distractions of the nation , the particular decay and ruine of the cloathing-trade of this county , which necessarily bears an influence upon the publick : as also the future evils that will attend this vacancy of government during the imperfection and incompleatness of our parliaments , whose entireness , and full number hath been in all times ( as to a right english constitution ) the only conservative of our liberties . we the lords , knights , esquires , gentlemen , ministers and citizens aforesaid do declare , that we finde a corrupt intrest in the present government , abetted by factious parties , and carried on with an irreconciliable violence against our peace : predominant , and sitting at the helm , whereby the freedom and liberty of the subject is so far endangered , that we judge it past application , or any other wording remedy to retrive it . and as this is not only our own opinion , but the general sense of the nation , fruitlesly hitherto made known to the world : we will therfore allow our selves the precedency of asserting and defending the justice of this our common right by open armes , if no other present temperament and expedient can be adjusted or fitted for our grievances . we do therefore require a free and full parliament to be straitwith convened , according to the directions and provisions made in the act for the triennial parliament ; the intent and design whereof , after such a bloody contest we may not see eluded and frustrated with strange votes and qualifications : therefore we desire a free parliament , or else the return of the secluded members by the force of the army in . ( to which his lordship protests he was unwittingly and unwarily accessory ) to the remaining discharge of their trust , they having given singular and superlative evidence of their capacity and fitness for it , by their wise and judicious moderation . we shall in their wisdom and counsels acquiesce , and otherwise shall not be satisfied , for that our pressing calamities will give no rest to the kingdom , till these our desires are accomplished . to which purpose , we have at this our general meeting or rendevouz signed this our declaration to be forthwith communicated to the nation . signed leeds febr. . . thomas fairfax , &c. london , printed for iames williamson . the judges opinions concerning petitions to the king in publick matters with a clause of a late act of parliament concerning the same subject. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the judges opinions concerning petitions to the king in publick matters with a clause of a late act of parliament concerning the same subject. england and wales. court of star chamber. broadside. printed for thomas burrell ..., london : . "see moores reports, page ; crooks reports, page : jacobi." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. sedition -- england. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the judges opinions concerning petition to the king in pvblick matters see moores reports , page jacobi . crooks reports , page jacobi . with a clause of a late act of parliament concerning the same subject . feb . . . jac. in the star-chamber all the justices of england were assembled with many of the nobility , viz. the lord ellesmore , lord chancellor the earl of dorset , lord treasurer ; the lord viscount cranborn , principal secretary ; the earl of nottingham , lord admiral ; the earls of northumberland , worcester , devon , and northampton ; the lords zouch , burleigh and knolls ; the chancellor of the dutchy . the arch-bishop of canterbury , the bishop of london , popham chief justice , bruce master of the rolls , anderson , gawdy , walmesly , fenner , kingsmi● , warberton , savile , daniel y●●ver●o● , and snig . and there the chancellor of england by the kings command , after he had made a long speech concerning the justices of peace , and an exhortation to the justices of assize , and a discourse of papists and puritans , declaring that they were both disturbers of the state , and that the king intended to suppress them , and to have the laws put in execution against them , demanded of the judges their resolution of three things . whereof one was . if it were an offence punishable , and what punishment is due by the law , to those who frame petitions and collect multitudes of hands thereto to prefer to the king in publick causes , as the puritans have done , with intimation to the king , that if he denies their suit , that many thousands of his subjects would be discontented ? to which all the justices answered , that this was an offence finable by discretion , and very near to treason and felony in desert of punishment ; for this tends to raise sedition , rebellion , and discontent , among the people . to which resolution all the lords agreed . and then many of the lords declared , that some of the puritans had raised a false rumour of the king , that he intended to grant a toleration to papists , the which offense seemed to the justices grievously finable by the rules of common law , in the kings bench , or by the king and his council , or now since the statute of h. . in the star-chamber . and the lords each by themselves publickly declared , that the king was discontented with this false rumour ; and the day before had made a protestation unto them , that he never intended it ; and that he would loose the last drop of blood in his body before he would do it . and that he prayed to god , that before his issue should maintain any other religion then this that himself maintains , that he would take them out of the world. anno xiii . caroli ii. regis . in an act entituled , an act against tumults and disorders , upon pretence of preparing or presenting publick petitions , or other addresses , to his majesty , or the parliament . there is this preamble and clause , whereas it hath been found by sad experience , that tumultuous , and other disorderly solliciting , and procuring of hands by private persons to petitions , complaints , remonstrances and declarations , and other addresses to the king , or to both , or either houses of parliament , for alteration of matters established by law , redress of pretended grievances in church or state , or other publike concernments , have been made use of to serve the ends of factious and seditious persons gotten into power , to the violation of the publick peace , and have been a great means of the late unhappy warrs , confusions , and calamities in this nation ; for preventing the like mischief for the future ; be it enacted , &c. that no person or persons whatsoever , shall from and after the first of august , . sollicite , labour or procure the getting of hands , or other consent of any persons above the number of , or more , to any petition , complaint , remonstrance , declaration , or other address to the king , or both , or either houses of parliament , for alteration of matters established by law in church or state , unless the matter thereof have been first consented unto , and ordered by threé or more iustices of that county , or by the major part of the grand iury of the county , or division of the county , where the same matter shall arise at their publike assize● , or general quarter sessions , or if arising in london , by the lord major , aldermen , and commons , in common councel assembled ; and that no person or persons whatsoever shall repair to his majesty , or both or either of the houses of parliament , upon pretence of presenting or delivering any petition , complaint , remonstrance , or declaration , or other addresses accompained with excessive number of people , not at any onetime with above the number of ten persons , group in of incurring a penalty , not exceeding the sum of pounds in money , and three moneths imprisonment without bail or mainprize for every offence , which offence to be prosecuted , &c. see the act at large . anno xiii . caroli ii. in an act entituled , an act for safety and preservation of his majesties person and government , against treasonable and seditious practices and attempts . there is this clause , be it enacted &c. that if any person or persons whatsoever after the day of june , during his majesties life , shall malitiously , and advisedly publish or affirme the king to be an heretique or a papist , or that he endeavours to introduce popery ; or shall malitiously and advisedly , by writing , printing , preaching or other speaking express , publish , utter or delcare any words , sentences , or other thing or things , to incite or stir up the people to hatred or dislike of the person of his majesty , or the established government , then every such person and persons being thereof legally convicted , shall be disabled to have or enjoy , and is hereby disabled , and made incapable of having , holding , enjoying , or exercizing any place , office , or promotion ecclesiastical , civil , or military , or any other imployment in church or state , other then that of his peerage , and shall likewise be lyable to such further and other punishments as by the common laws or statutes of this realm may be inflicted in such cases , &c. see the statute at large . london , printed for thomas burrell in fleet-street , . the army for a treaty, and accomodation, or, collections out of severall papers formerly published by the army conteining their desires ... of peace by accomodation with his majesty and his party ... : whereunto is annexed a letter to his excellency ... england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the army for a treaty, and accomodation, or, collections out of severall papers formerly published by the army conteining their desires ... of peace by accomodation with his majesty and his party ... : whereunto is annexed a letter to his excellency ... england and wales. army. [ ], p. s.n.], [london : . reproduction of original in huntington library. eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- sources. a r (wing a ). civilwar no the army for a treaty, and accommodation: or, collections out of severall papers formerly published by the army, conteining their desires (g england and wales. army b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the army for a treaty , and accommodation : or , collections out of severall papers formerly published by the army , conteining their desires ( grounded on solid reasons ) of peace by accommodation with his majesty and his party , on tearmes very sutable to those now proposed by the parliament . whereunto is annexed , a letter to his excellency , and the officers of the army in councell assembled . and short observations on the collections . james . . a double minded man is unstable in all his waies . printed in the year , . in the representation of the army , june . . this is set down as the . proposall for peace . . that ( publick justice being first satisfied by some few examples to posterity out of the worst excepted persons , and other delinquents , having made their compositions ) some course may be taken ( by a generall act of oblivion , or other wayes , ) whereby the seeds of future war , or fewds either to the present age , or posterity , may the better be taken away , by easing that sence of present , and satisfying those feares of future ruines , or undoing to person● , or families , which may drive men into desperate wayes , for self-preservation , or remedy ; and by taking away the private remembrance and distinction of parties , as far as may stand with safety to the rights and liberties we have hitherto fought for pag. . in the humble remonstrance from his excellency sir tho : fairfax , and the army under his command , presented to the commissioners at s. albans , june . . is this passage . and whereas there has been scandalous informations presented to the houses , and industriously published in print , importing , as if his majesty were kept as prisoner amongst us , and barbarously , and uncivilly used . we cannot but declare , that the same , & all other suggestions of that sort , are most false , scandalous , and absolutely contrary , not onely to our declared desires , but also to our principles , which are most clearly , for a generall right , and just freedom to all . and therefore , upon this occasion we cannot but declare particularly , that we desire the same for the king , and others of his party , ( so far as can consist with common right and freedom , & with the security of the same for future ; ) and we do further clearly profess , we do not see how there can be any peace to the kingdome firme or lasting , without a due consideration of , and provision for the rights , quiet , and immunity of his majesties royall family , and his late partakers : and herein we think that tender and equitable dealing , ( as supposing their cause had been ours ) and a spirit of common love , and justice , diffusing it self to the good and preservation of all , will make up the most glorious conquest over their hearts ( if god in mercy see it good ) to make them , and the whole people of the land lasting friends . page . in a letter from sir tho : fairfax to both houses of parliament , giving an account of transactions between his majesty , and the army , there is this passage . in generall , we humbly conceive , that to avoide all harshnesse , and afford all kinde usage to his majesties person , in things consisting with the peace and safety of the kingdome , is the most christian , honourable , and prudent way : and in all things ( as the representation and remonstrance of the army , doth expresse ) we think that tender , equitable , and moderate dealing both towards his majesty , his royall family , and late party ( so far as may stand with the safety of the kingdome , and security to our common rights and liberties ) is the most hopefull course to take away the seeds of war , or future fewds amongst us for posterity , and to procure a lasting peace , and a government in this distracted nation . page . reading , july . . in the proposals of the army , aug. . . that ( things here before proposed , being provided for setling and securing the rights , liberties , and safety of the kingdome ) his majesties person , queen , and royall issue , may be restored to a condition of safety , honour , and freedome in this nation , without diminution of their personall rights , or further limitation to the exercise of the regall power , then according to the particulars aforegoing . . for the matter of compositions . . that a lesser number out of the persons excepted in the two first qualifications ( not exceeding five for the english ) being nominated particularly by the parliament , who ( together with the persons in the irish rebellion included in the third qualificaon ) may be reserved to the further judgement of the parliament as they shall see cause : all other excepted persons may be remitted from the exception , and admitted to compositions . . that the rates for all future compositions may be lessened , and limited not to exceede the severall proportions hereafter exprest respectively ; that is to say , . for all persons formerly excepted , not above a third part . . for the late members of parliament under the first branch of the fourth qualification , a fourth part. . for other members of parliament in the second , and third branch of the said qualification , a sixth part. . for the persons nominated in the said four qualifications , and those included in the tenth qualification , an eighth part. . for all others included in the sixt qualification , a tenth part. and that reall debts , either upon record , or proved by witnesse , be considered , and abated in the valuation of their estates in all the cases aforesaid . . that those , who shall hereafter come to compound , may not have the covenant put upon them , as a condition without which they may not compound . . that there may be a generall act of oblivion to extend to all ( except the persons to be continued ( in exception as before ) to absolve from all trespasses , misdeameaners , &c. done in prosecution of the warre ) and from all trouble or prejudice , for , or concerning the same . page . . for his excellency , thomas lord fairfax , and the officers of the army under his command , in councell assembled . right honourable , understanding by common fame that on tuesday novemb. . there is to be a generall councell of all the officers of the army , the result whereof may have a great influence on the affaires of this distracted kingdome . out of a fervent desire of my countries good ; i have taken the boldnesse to represent to your excellency , and the rest of that honourable councell , an abstract of some particulars out of your formerly printed papers , containing your worthy expressions to promote , with the freedome , the peace of this nation , by tender respect to all estates therein . how popular those expressions rendred your excellency , and the army under your command , i need not now tell your excellency , nor them : nor need i expresse what contrary effects any recession from those expressions , and proposals may worke , if in so hopefull a circumstance of affaires for peace , there should be any interposition from you , to frustrate the present expectation of the closure of our breach upon any pretences contrariant to those expressions inclosed , so deliberately penn'd , and generally communicated to the eyes of all the nation . mutability in men of your places , is in it self a thing too unsutable : but in a case of this nature , it cannot but be lookt upon as the fruit of the turne of private interest ( the publique being still the same ; ) and for men that have done so much for the publique , to move on the hinge of private interest , in a businesse of this concernment , how greatly it may obscure your present resplendent glory , i hope you will rather foresee in reason , then adventure to read it in the black letters of sad experience . verbum sapienti . i will conclude with hope , and prayer , that god will so direct you , that you will promte the happy hoped for cloosure of our distractions , and crowne all your former victories over others , with this victory over all private interest in your selves , to promote the publique , which is most manifestly involved in a good peace . observations on the foregoing passages . reader , thou maist observe that the whole army in their remonstrance declare : . that it is not onely against their desires , but principles , to imprison the king , or use him uncivilly . and i hope their principles are the same still . . they declare their belief ; that there cannot be any peace to the kingdome firme , or lasting , without a due consideration of , and provision for the rights , quiet , and immunities of his majesties royall family , and his late partakers . . that they come lower in moderating rigour to the kings party then the houses , bringing the parties exempted to five ( the parliament holds up to seaven : ) and the five not condemn'd to death , but reserv'd to the further judgement of the parliament , as they shall see cause . . after all they move for a generall act of oblivion in as full tearmes as may be , and very rationally , to prevent future disturbance of the state . whence from their owne pens it must inevitably follow , that if they ( under pretence of justice ) shall disturbe this present treaty , or use ( to say no worse ) any uncivility to the king ; they shall recede from their owne principles , render us uncapable of a peace firme and lasting ; which the late experience since the vote of no addresses may more clear unto us . and if such an attempt be not destructive to this poor kingdome ; the world may , god will rightly judge . the end . the lord maior of londons letter to the king at yorke, iune, . in behalfe of the aldermen sheriffes, the master and wardens of each severall company in answer to his maiesites letter. the parliaments resolution, concerning the kings most excellent maiestie, and the lords and commons which have absented themselues from the said houses, and are now at yorke attending on his maiesty. like wise the grounds and reasons why they are enforceed [sic] to take arms, with the severall reasons to prove that every man is bound to uphold the parliament against all opposers whatsoever. gurney, richard, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the lord maior of londons letter to the king at yorke, iune, . in behalfe of the aldermen sheriffes, the master and wardens of each severall company in answer to his maiesites letter. the parliaments resolution, concerning the kings most excellent maiestie, and the lords and commons which have absented themselues from the said houses, and are now at yorke attending on his maiesty. like wise the grounds and reasons why they are enforceed [sic] to take arms, with the severall reasons to prove that every man is bound to uphold the parliament against all opposers whatsoever. gurney, richard, sir, - . charles i, king of england, - . england and wales. parliament. sheet ([ ] p.) s.n., [london : ] place and date of publication from wing. "ordered by the lords and commons that this be printed and published. ic. bro. cler. par. hen. elsing cler. parl." reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the lord maior of londons letter to the king at yorke, iune, . in behalfe of the aldermen sheriffes, the master and wardens of each severa gurney, richard, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lord maior of londons letter to the king at yorke , iune , . in behalfe of the aldermen sheriffes , the masters and wardens of each severall company in answer to his maiesties letter . the parliaments resolution , concerning the kings most excellent maiestie , and the lords and commons which have absented themselues from the said houses , and are now at yorke attending on his maiesty . like wise the grounds and reasons why they are enforced to take arms , with the severall reasons to prove that every man is bound to uphold the parliament against all opposers whatsoever . ordered by the lords and commons that this be printed and published . ic. bro. cler. par . hen. elsing cler. parl. as no greater fidility can be presented to me , then a loyall obedience to your maiesties command , so no greater unhappinesse can befall me , then in conceiving my solicitous indeavours to imbecill and invailid , and not able to incline to myaffections ; for my condiscentious mind is so dubiously ballanced , depending on a double authority , that it is an unexpressible difficulty to my thoughts , how to weigh my resolution with an unquestionable action . if i should not obey your maiesties command in an equitable cause , i might meritoriously bee suspended from that place of honour conferred on mee , undeserving to be your maiesties subiect , muchlesse your personable servant , and liable to your maiesties displeasure and indignation ; yet if i should obey your maiesties command without consent of parliament , i should bee neverthelesse liable to the censure of parliament , so that in various and severall commands a conformity of obedience is very difficult . whereas your maiesty hath received true information of great sums of money endeavoured to be borrowed of your city of london , by directions proceeding from both houses of parliament , with additionall perswasions to your good subiects for the raising of horse and furnishing your parliament with necessary moneyes , ( i your maiesties faithfull subiect ) doe conceive , and dare asseverate , that it is intended upon no other pretence then for the honour and defence of your maiesty , together with both houses of parliament , and for the vniversal security of your kingdomes . and since your maiesties manifold protestations taken in the presence of almighty god , and by your severall oathes taken by the faith of a prince , are ample testimonies of your maiesties iust desires for the publike peace , and sufficient manifestations , of your reall intentions , not to levie war against your parliament , i cannot entertaine such a sinister conceit in my thoughts , that your maiestie will violate those severall oathes by raising any forces , which consequently would ruinate the prosperitie of your maiesties kingdome by a civill discord and i am so confident on the other side , that whatsoever moneys shall be collected , or forces levied by your parliament , they will not derogate any thing from your maiesties prerogative , but to the preservation of the publike peace , and the advancement both of your maiisties honour , and your kingdomes happinesse . so that whatsover mony , plate , horse , arms shall be contributed by your maiesties willing and leyall , subiects of the city of london , being disposed by the prudent dispensation of your parliament , chiefly to maintaine the protestant religion , your maiestis authority , and person in royall dignity the free course of iustice , the lawes of the land , the peace of the kingdome , and priviledge of parliament , and partly to the necessary use of ireland ; as also the payment of the scottish subiects . i hope your maiesty will take it as an acceptable service at their hands , and not looke upon it as the raising forces against your maiesty , or to be done either in malice , or contempt of your , or of your authority . thus i , and the severall companies having herein punctually , observed the direction of both houses of parliament , nothing contradictory to your maiesties commands , we hope your maiesty shall have no cause to proceed against the severall companies , in obeying the trust reposed in them both by your maiestys authority , and by both houses of parliament : or against any particular persons , either as contemners or opposers of your maiesties commands and authoritys , or her law of the land ; doing nothing , but what your parliament wisdome , truth , and equitie have prescribed unto them , as well for the intended safetie of your maiestees person , as the securitie of the kingdom . and that your maiestie shall hereby have no iust occasion to be compelled to question the charter of this your city , which as your maiestie is yet willing to believe , so you may be confident both in a high and low degree will continue loyall to your maiesties sacred person , and authoritie . these ample testimonies of my loyaltie ( sir ) i hope will give your maiestie a satisfactorie contentation , since your maiesties commands are iusty presormed , and obeyed by your maiesties faithfull humble and loyall subject and servant . e. g the reason why the subject is bound to obey the command of the parliament , voted , that if in case of necessity , his majesty shall deny his assent , the ordinance agreed on by both houses of parliament , doth oblige the people , and ought to bee obeyed , being warranted by the fundamentall laws of the kingdome , both houses of parliament hath took into their serious consideration the occasion and reason why the members of the said houses should absent themselves upon their summoning in wherupon they hath drawn up a charge against them , and are resolv'd that they shall pay . l a man , and to be examined by the committee before the next fitting . ordered by the lords and commons in parliament , that this be printed and published . the path-way to peace and profit, or, truth in its plain dress wherein is methodically set forth a sure and certain way for the more speedy and effectual building and repairing their majesties royal navy, by such means, as may be saved more than one hundred thousand pound per annum : together with a proposed method for the raising and saving of moneys for monthly payments accordingly : as also proper rules and methods, observable toward the making a regulation in their majesties yards / by george everett ... everett, george, shipwright. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the path-way to peace and profit, or, truth in its plain dress wherein is methodically set forth a sure and certain way for the more speedy and effectual building and repairing their majesties royal navy, by such means, as may be saved more than one hundred thousand pound per annum : together with a proposed method for the raising and saving of moneys for monthly payments accordingly : as also proper rules and methods, observable toward the making a regulation in their majesties yards / by george everett ... everett, george, shipwright. [ ], p. printed for the author, and are to be sold by randal taylor ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. navy-yards and naval stations -- england -- early works to . naval art and science -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion the pathway to peace and profit : or , truth in its plain dress . wherein is methodically set forth a sure and certain way for the more speedy and effectual building and repairing their majesties royal navy , by such means , as may be saved more than one hundred thousand pound per annum . together with a proposed method for the raising and saving of moneys for monthly payments accordingly . as also proper rules and methods , observable toward the making a regulation in their majesties yards . by george everett , ship-wright . licensed , feb. . / . edward cooke . london , printed for the author ; and are to be sold by randal taylor , near stationers-hall , m dc xciv . to the king and queen's most excellent majesties . may it please your majesties , it is not ambition , but a hearty and zealous inclination , humbly to devote my self to your majesties service , with my weak , but sincere endeavours for the more speedy and effectual building and repairing of your majesties royal navy , by such rules and methods , as may save l . per annum , to the great benefit of your majesties , the ease of your subjects , and the general welfare of the whole nation ; all which with my self , i humbly beg to prostrate at your royal feet , in hopes of your gracious protection , together with your acceptance and encouragement of the same . and that god almighty may for ever preserve your majesties in safety , support and direct you in your great vndertakings , and that your kingdoms and dominions may be settled in peace and tranquility , that your reign may be long and glorious , is , and shall be the continual prayers of your majesties most dutifull , obedient and devoted subject and servant , geo. everett . to the right honourable the lords of their majesties most honourable privy-council . with humble submission , when having considered that this present war so well begun , and carried on by their majesties and others the supream magistrates and rulers of this kingdom ; so highly tending to the general good and preservation of the whole nation , which , if well managed in all its parts , could not fail of a happy issue ; but such is our misfortune , that too many there be intrusted in the management thereof , who , too regardless of the publick good , do in their several stations proceed in the management of this so great affair , with so much indifferency as may be justly feared , will in a great measure , retard and circumvent the design of this so pious and well-grounded undertaking ; i mean the war. the chief subsistence next under god , and their majesties , is money , which , being hard to raise , in regard of the general poverty of the nation occasioned thereby , together with the want of trade , ought to be managed with all frugal care and good husbandry ; for want of which , the treasure of the nation is much exhausted , and great part of that which ought to be imployed to encourage vertue and industry , is destroyed by idleness and extravagancy , as is fully demonstrated in the following proposals : for , if those persons intrusted in the management of the same , especially those in the lower sphere , would , in their several stations , discharge their trust with that care and fidelity as they ought , the burthen of the war would be far more easy , and all those seeming clouds of sorrow and despair that do annoy would soon vanish , and all its attendants of complaints and poverty must then give way to courage and magnanimity , which is the only means to vanquish and overcome our insulting foes , and thereby advance the glory of the english nation ; and to this end , being moved by a zealous design of serving and preserving as much as in me lyeth their majesties and the publick , rather than any private interest , or vain desire of profit or preferment , i humbly take leave to lay before your honours these my following proposals , as they were presented to the right honourable the commissioners for executing the office of lord high-admiral of england ; together with a brief account of my proceedings , before that honourable board as they are inserted in this following tract , all which with submission , i most humbly offer to your honour 's further consideration . your lordship 's most obedient and faithful servant , geo. everett . to the right honourable the lords spiritual and temporal , and commons in parliament , assembled . i do humbly address my self to this august and honourable assembly , by whose great care and generosity the charge of the war is supported ; and who by your great wisdom and good conduct are justly styled the great council of england ; not that i do intend hereby to invade the royal prerogative , but rather support and maintain it : and to that end i do most humbly recommend these my following proposals to your more prudent consideration , most heartily desiring your honours will be pleased to peruse the same ; and if any thing herein may be accounted profitable or useful to their majesties and the publick , that then you will incourage the same by a timely recommendation thereof to their majesties , and others concerned therein , for the promoting and advancing the interest and well-being of the present government , which is the hearty desire of your honour 's most faithful and obedient servant , geo. everett . to the reader , especially the judicious , loyal and faithfull people of england . gentlemen , many notions and propositions have been the product of this age , most of them being founded on sandy ground , have rendred them altogether fruitless ; others , that might have been usefull to the publick , for want of due incouragement , have been buried in oblivion : to avoid the like fate , i could have been content to have been silent , had not the present necessity of affairs oblig'd me to appear in this kind . for who can observe the great undertakings of their majesties for the general preservation of this nation , and stand idle and mute at such time as the publick affairs require the assistance of all its members ? as for my part , i do affirm that it is my duty to appear in this general cause , considering those honourable assemblies , the lords and commons in parliament , whose great care it is to raise money to carry on the same . i therefore hope it will not look amiss in me , humbly to set forth these following proposals , intended for the saving such considerable sums , which may be of great use in this juncture , and will also avoid a great inconveniency that attends the impresting of men for their majesties yards , which by the ill practice of some , is as terrible as death it self . which by an ill custom used in the management thereof , is become one of the publick grievances of this nation ; not that i do intend herein , to charge any particular person or persons with their neglect of duty , but rather submit in that point to better judgments . but so it is , let the whole charge of performing that work be what it will , it may be presumed , the full half part thereof , is wasted and consumed ; all which , may seem very hard and grievous , that the industrious part should be rent and rack'd , to maintain others at so great expence and charge , in idleness and extravagancy : for by impresting and forcing so many men into those yards , workmens wages abroad is raised to an exorbitant rate , and the price of building so highly advanced thereupon in these parts , that the greatest part of building is of late carried from hence into the country , and is ready to take wing for foreign nations ; all which is occasioned by means of the press for those yards , which may be more fitly called oppression : for that work may be sufficiently carried on , to the great advantage of all , with a likely possibility of saving or l. per annum , as is more fully demonstrated in the following proposals . these publick grievances , being acted in this lower sphere , although very heavy-and oppressive , it may be suppos'd that the noise and sound thereof , may not have ascended the ears or knowledge of our great deliverers , their majesties , and others in supreme authority , from whom a redress of all our sufferings is desired and expected . having near twelve months since presented to each lord of the admiralty , a copy of my proposals , and the same being now made publick , have by their noble character of truth and strength , not only passed the general applause of all their judicious inspecters , but are also become acceptable to many eminent persons , who , as a mark of their favour , have been pleased to commend and incourage the same ; i did on the second of this instant february , present to the honourable , the lords of the admiralty , by way of application , a copy of these lines following , viz. right honourable , having formerly presented to your honours some proposals , wherein is set forth a sure and certain way for the more speedy and effectual building and repairing the royal navy , by such methods as may be fairly saved l . per annum or more , to the great benefit of their majesties and the whole nation : and the same having been communicated to many worthy and eminent persons of several ranks , who have given all due incouragement thereunto , i humbly desire that a time may be assigned me , to lay the same before this honourable board , in order to the promoting so great and profitable an vndertaking . their honours in answer thereunto , were then pleased to appoint me a hearing on thursday the eighth of this instant , and did also direct , that i should give an account in writing , how money should be produced to carry on this undertaking ; which accordingly i did , which with my proposals , was read at the admiralty-board , in the presence of the right honourable , the lord falkland , sir john lowther , and captain prestman ; the honourable commissioners of the navy being then present , and was as followeth . the humble proposals of george everett , shipwright , in rotheriff , in behalf of their sacred majesties , king william and queen mary . with submission to your honours , having upon frequent view and observation taken into consideration the many irregular practices of shipwrights , and others imployed in their majesties yards , wherein is lost and destroyed by idleness and extravagancy near l. per annum , by such ways and means as tend not to the profit of any , but great prejudice to the whole nation ; which said sum , or more , may be saved according to the following proposals , wherein is briefly set forth a sure and certain way for the more speedy and effectual building and repairing of their majesties royal navy , by such rules and methods as may be saved near one half of the whole now expended in the said yards , to the great benefit of their majesties , the comfort and happiness of those imployed therein , and the ease and welfare of the whole nation . as the beginning of the war is wholly intended for the common good and safety of the whole nation , and the end thereof uncertain ; so it may be highly necessary , that in the management thereof every person imployed therein should , in their several stations , act with so much courage , frugality , and good husbandry , as to make the burthen thereof both light and easy : imitating therein their majesties most pious endeavours ( who for the benefit and well-being of their people and to preserve them in safety , do expose their royal persons , even with the hazzard of their lives , into the most dangerous attempts ; ) and also the most august and honourable assemblies , the lords spiritual and temporal , and commons of england , assembled in parliament ; whose indefatigable care and industry is such , in raising and granting suitable supplies for so great a work , that the burthen and charge thereof is not sensibly felt by the meaner sort of subjects . whilst some others of inferiour rank , and imployed in the management of the war , do not so sincerely endeavour the welfare and well-being of their majesties and people , as in such times of exigency they ought to do ; by which means the burthen and charge for carrying on the same is the more heavy and uneasy to the nation . for remedy thereof , i most humbly offer to your lordships these following proposals , in hopes of your gracious acceptance and encouragement of the same , for the service of their majesties , the ease of their subjects , and the benefit of the whole nation , as followeth , viz. i. that for the common good and benefit of their majesties , and the whole kingdom , it is most humbly proposed , that if shipwrights wages in their majesties yards were advanced , and good payment monthly made , for working weather only ( as in merchants yards ) the work may be performed with less than half the number of men ; who , for fear of being discharged , would labour hard . or the greatest part of the said workmanship may , as in other yards , be let out by the task , or great , to able work-men ; whereby having respect to work , wages , and the number of officers , whose pay is continued as well in wet as dry weather , as also the extravagant waste made in timber and plank by many idle persons imployed therein , the said work may be substantially performed with less than half the number of men , and more than half the charge of workmanship thereby saved , without prejudice to the builders , who with their assistance may have the power of ordering and directing as heretofore . ii. that in impresting of shipwrights for the said yards their majesties are at great charges , and the persons imprest think themselves injured , to be compelled to serve therein for two shillings and one penny per day , and that running in arrears , when in other yards there is allowed near twice the wages , and ready money ; which is a great discouragement to industrious persons , who are willing to take pains ; which brings a dislike and unwillingness of the workmen , who go into such yards as if they were going to prison ; which by a regulation as aforesaid would be esteemed as a palace : so that many imployed and imprest therein do , for such reasons , become very negligent in the performing their duties , and spend great part of their time in idleness : together with apprentices , whose wages being fixt , and no regard had to deserts , their masters are indifferent whether they work , or not . and many such take no care or pains more than to answer to the call , and to provide a bundle of chips , oft-times of more value than their wages ; whereby their majesties are highly injured , and many such apprentices by ill management , after seven years servitude , are altogether ignorant and useless . all which seems very unreasonable , that those yards which ought to be the incouragement of industry and frugality , should be the promoters of idleness and extravagancy , at such times as persons of so useful a trade , and money the life of all , is so much wanting to the publick . iii. in the general repairing of their majesties great ships , wherein custom is observed more than the common interest of the publick , after a vast charge therein spent , to take such ship or work to pieces , the timber and plank so taken out seldom comes to any account ; and the ship to be so rebuilt , or the value thereof , is in it self wholly lost , yet another between old and new is brought forth , though untimely , out of the pretended ruins of the old , at a far greater charge than such new ship might have been wholly erected and new built from the keel . so that therein accrues a double loss to their majesties ; for such old ships might be of great value and use , if but sold to break up ; and the timber and plank now destroyed would for many good uses supply the place of new , and be a means to make it more cheap and plenty ; and the work-men whilst taking to pieces the old would half build such a new. so that in the repairs of some one ship their majesties may save two , three , four , and sometimes eight or ten thousand pound , or more ; besides the advantage of having the use of such new ship in half the time. iv. it is also to be observed , if it happen that any ship of their majesties do by any means miscarry or perish at sea , the loss thereof is very grievous ; but in the building of two , according to the custom used in their majesties yards , there is one lost of the same burthen , or the value thereof , for want of good management ; yet such loss is neither minded , nor regarded . whereas , if wages be advanced and paid , according to each man's deserts , they would put themselves forward in hopes of reward , as in merchant's yards ; and by that means , if well managed , thirty or forty men may do as much work as a hundred men now do : so that in workmanship may be saved two or three thousand pound , or more , in two ships ; which , by such means , may be built sooner than one , besides the wast of timber and plank , made by some near equal with their wages . v. if it should be objected , that such regulations may be of great difficulty and prejudice to their majesties , or any person concerned or imployed under them : the proposer humbly offers to perform the regulation effectually in any one of their majesties yards in the space of one week ; and in nine , or twelve months , to prove the advantage thereof , to the great profit of their majesties , and benefit of their subjects . it being not his design to propose any thing herein that may be injurious to any , but of great advantage to all . first , in respect to their majesties ; in whose yards there is allowed two shillings and one penny per day to workmen , and to apprentices thirteen or fourteen pence per day , for the first year ; increasing yearly a penny per day : which wages accounted but small is large in respect , if the uncertainty of weather be considered , which never proves to the disadvantage of those therein imployed ; whilst others in merchants yards , having three or four shillings per day , are put by their work for every flurt of rain , or snow , or other intemperate weather ; who often , by such means , do not work more than four weeks in six . so that by computation each man's wages in both yards are near equivalent , but the labour of work-men is far different ; insomuch that thirty or forty men in the merchants yards and imployed in their majesties work , do substantially perform more work than a hundred men in their majesties yards , and in less time. vi. it may be further objected , that this may prove prejudicial to the officers of their majesties yards . it is answered , that many of them have but two shillings and one penny per day , and having no prospect of advantage ( let their deserts be never so great ) they still follow the common road of custom : yet , in case of regulation , it is supposed they would for suitable incouragement deport themselves in their several stations with more order , courage and industry , in the well management of the several work-men under their charge , more especially their apprentices , who in hopes of gain may be made capable of deserving more in one year than some may now in seven : by which means their majesties might save much money , the nation be more plenty of able work-men , their masters incouraged to train up youth , and such hereafter be capable of getting a decent maintenance for themselves and families . it may likewise be supposed that at sometimes , as well in war as peace , the same number of men in office may be sufficient to perform the greatest part of the work. vii . that the work-men imployed in their majesties yards are , for want of ready money , obliged to take up all their necessaries they want upon credit ; and the persons with whom they deal are , for that reason obliged to do the like . so that it is most certain , that work-men , especially strangers , imprest therein , are obliged to pay double extortion , and with curbs and abuses accept of any thing ; who otherwise , with ready money , might buy what , and where they please , and be treated with civility and respect as others are . so that by such a happy change many would be preserved from ruin. viii . that if such regulation be made in their majesties yards , the one half or more of the work-men imployed therein may be discharged , which cannot be less than four or five hundred men ; which being to distribute themselves into other yards , will cause the extravagant rate of wages to abate and fall to the old rate of two shillings , or two shillings and six-pence per day ; whereby the charge of building shipping may be as cheap in time of war as in times of peace ; which will much contribute to the benefit of their majesties , and the whole nation . ix . so that if a general regulation were to be made , and well managed with frugality and good conduct ; it may be presumed , that the one half charge of the whole now expended therein may be saved , to the great benefit of the nation without prejudice to any , which could not amount to less than l. per annum or more , and one third part of what may be so spared may be sufficient to pay the work-men and officers employed therein . x. if there be any superannuated ancient men in the said yards , which by falls and bruises , may be in a great measure disabled and unfit to seek imployment abroad , it may be better , and will be less charge to maintain them out than in the yards . xi . that impresting of shipwrights being very chargable to their majesties , and prejudicial to the subjects , more especially the master shipwrights , who are great sufferers in their apprentices ; whose parents of good esteem do frequently give large sums of money to bring up their children to so good and useful a trade , who are by the press hurried and taken away before they understand any part thereof ; whereby such parents are injured , their children totally ignorant for want of experience and instruction , and the masters being limited to a number , not to exceed three or four , are become destitute of servants to carry on their trade ; and often damnified by the loss of an apprentice forty , fifty , or an hundred pound thereby ▪ xii . that such a practice and prospect of idleness in such yards in an allurement to apprentices , who having a place of refuge to maintain them therein , they are under no government , but are become insolent and masterless : and in such employments are of no profit , either to the publick , their masters , or themselves : but do for the most part spend all their wages , or otherwise lose it by running from place to place , or from ship to ship. the proposer most humbly desiring he may be allowed to answer and give reasons to all objections that may be made touching the premisses . all which , with submission , is most humbly offered to your honours consideration . a proposed method for the raising and saving of moneys for monthly payments , according to what hath been proposed . may it please your honours , that having on the second of this instant proposed to this board , a method for the saving l . per annum in the building and repairing the royal navy , wherein it is humbly proposed for the incouragement thereof , that all officers and work-men imployed therein , be duely paid every month. your honours were then pleased to direct , that i should give an account to this board in writing , how and where money should be raised to carry on the same , pursuant thereunto . i most humbly offer my sentiments as followeth , viz. i. that the raising of money must be as formerly , by parliament , and not by any single person , especially of my capacity . ii. that half the money so raised and allowed for such purposes , had been , if well managed , sufficient to have defrayed the whole charge , without running on arrears , and the other half might have been usefull to other purposes : and this ought to have been the particular care of all officers , to whom the management thereof hath been committed . thus having described the fountain from whence the moneys must arise , as also a sufficiency of defraying ( if well ordered ) the whole charge , with less than half the sum. i humbly proceed as followeth . iii. if the number of work-men in their majesties yards at present , be , and the yearly charge of maintaining them therein be l. then the quarterly charge will be l. and that generally paid quarterly . it is further proposed , that the superfluous number imployed therein , may be discharged , which cannot be less than out of every , so that the as aforesaid , may be reduced to ; which if well managed , will be sufficient to carry on the whole work ; and by such means the charges will be lessened to l. per annum , l. quarterly , and monthly , l. here it may be supposed that where there is a probability of paying l. per quarter , there may be a possibility of paying l. per month. the charges and difference so stated , i most humbly proceed to give my judgment for saving and providing money to defray the charge monthly , viz. if the present charge as aforesaid , be l. per annum , it is supposed that money may be produced as formerly for quarterly payment , which may amount to l. per quarter : let the number of work-men be reduced as aforesaid , the monthly charge may be l. then supposing such regulations were agreed , and to begin this day , one month being expired , let money be provided to defray the charge . the question is , how and where ? here lies the difficulty . to which i answer , if it cannot be provided otherwise , let it be borrowed at l. per cent. for the first month , and so likewise for the second against the third month. it may be supposed that the quarterly sum may be provided as formerly , which is supposed to be l. out of which is to be paid the two borrowed sums , with interest , viz. l. with two months interest , and l. with one months interest , and l. the charge of the third month without interest . these together , will amount to l. or thereabouts , which being deducted out of the aforesaid sum of l. supposedly provided for the first quarterly payment , the remainder will be l. which if preserved in bank for the purpose aforesaid , may defray the charge of the next four months , and to spare , in which four months may be saved sufficient to defray the charge of the next six months , and so proportionably for a longer time : so by this rule may be saved in wages , l. in one year , besides the waste that is made in those yards , which cannot be less than twice the value , which by computation , will amount to in the whole , l. per annum , besides the great trouble and charge expended in pressing for such yards . if it should be further objected , that money cannot , or may not be provided out of the treasury at the end of the said three months , it may then be further provided as aforesaid , at interest for three , four , or five months or more , untill a sufficient stock may by such means be saved for the carrying on the same ; which i humbly conceive may with little trouble , be gained in the first three months : this with submission , i hope , may be a satisfactory answer to the question proposed . and by this means also may be spared out of those yards , men , who may be of great use in carrying on the general trade of the whole nation . i have been the larger in clearing this point , as knowing it to be the basis on which the whole work depends : so by this it doth plainly appear , that the providing of or l. to defray the charge of the first two months , the whole work may be sufficiently performed by such means , as may be saved to the great advantage of their majesties , l. per annum , or more . which being read , was allowed and approved , save only in this , that i should give security for the performance thereof ; to which i humbly answered , that i did not desire to handle the publick treasure , my proposals having passed the general consent of their honours , together with the approbation of many the most eminent and credible persons , several in places of the greatest trust ; and being in it self no way doubtfull , might have been sufficient to have made the same practicable : but their honours were farther pleased to insist on this point , which i did humbly take as a final answer . to which i add , that truth and right reason , with such harmonious consent as aforesaid , may be sufficient security for the management of this so great affair . and farther , that the same ought to be put in practice , partly to avoid those great injuries occasioned by the press ; and chiefly for the general preservation of their majesties and publick , in saving such considerable sums of money , so much wanting for other purposes . proper rvles most humbly offered toward the making a regulation . for the making a regulation in their majesties yards , it is humbly proposed , that these following rules and methods be observed , viz. i. that out of every imployed therein , may be discharged , and the others continued as followeth ; having respect to the wages allowed in merchants yards , to be monthly altered , as occasion may require . ii. that the workman-ship of all new boats , as also of all mast-work , be lett out by the great , by which means , one man may do more work than four ; and the care and management thereof , will wholly depend upon the undertakers . iii. that every person being a master foreman of any ship-work , may be allowed four shillings per day . iv. that every quarter-man and other officers , having charge of work-men , be allowed three shilling and six pence per day . v. that every able work-man , be allowed three shillings per day , and under , according to each mans deserts . vi. that every apprentice imployed therein , may be allowed one shilling per day for the first year ; that being expired , his wages to be advanced according to deserts ; all such wages as aforesaid , to be accounted only when they work , or shall be so imployed , and not otherwise . vii . that all sawyers may be debarred of chipps , and in lieu thereof , each pair to be allowed four pence per day , and two pence per hundred more wages ; by such means may be saved three times more money than their whole wages amount unto . viii . that in repairing their majesties ships where the charge is like to be great , such ship may be opened within board and without , in such places as shall appear to be most deficient ; and being then surveyed , if it shall appear by computing the charge thereof , to be near equal the value of such new , then to dispose of the same as may be most convenient and advantageous . ix . that when , and so often as any new ship of the first , second , or third rate , shall be erected or set upon the stocks , another of the fourth , fifth , or sixth rate , may also be erected , to the end , that all timber , plank , and other stuff under size for the one , and accounted but as waste , may be usefull in building the other , according to a proverb of great note in merchants yards , that is , to build a small ship out of a great one's chips . x. that if a ship should happen to prove tender sided , it will be far better , and less charge , to proportion the sailing materials to such ships , than such ships to the materials , by taking the body to pieces ; which too often happens , to the great prejudice and hindrance of their majesties affairs . xi . that timber , especially small and streight , may not be laid into the said yards in such great quantities , which being almost useless , creates a great charge in carriage from one place to another , and often lies and rots , whilst money imployed on such occasions , is wanting for purposes far more usefull . xii . that the overseers may be allowed to inspect all naval stores therein received and delivered . xiii . that money being provided and monthly paid , according to the methods herein specified , such change may be happily made , by which means it may be presumed , the one half charge now expended , may be saved , to the great benefit of their majesties and the whole nation , and all charges and trouble of pressing for those yards avoided . xiv . lastly , much more may be added , which for brevity is omitted ; it being humbly prayed , that the overseers thereof , may with consent of your honours , have leave to make all advantageous alterations , as well not mentioned as otherwise . so humbly desiring that tryal may be made according to the rules and methods herein specified , proof and experience , which are the best and surest demonstrations , will soon discover the great profit and advantage that may accrue by what hath been most humbly offered . post-script . if it should be objected , that in times of expedition their majesties affairs may be prolonged in prejudice to their great and honourable undertakings , it is answered , that since it is so plainly demonstrated and generally believed , that or men can , and may perform as much as now do , no detriment can ensue thereby . but to prevent all further doubts that may arise , it must be allowed , that their majesties upon all occasions , may have the same liberty , without the least restraint or restriction , to cause men to be imprest as formerly . but to avoid the same , it is humbly presumed , that those yards may in such times of exigence , be better supplyed in one day by letters directed to the master-wardens of each company of ship-wrights , than in one month ; and such persons imployed on the terms aforesaid , may perform as much as compell'd unwillingly to serve therein by the press , and all the charge thereof avoided . again , it seems very hard in the judgment of all good men , that moneys raised with so much care and trouble , and intended for the incouragement of industrious and deserving people , should be so vainly destroyed in idleness and extravagancy , at such time as it is so much wanting to the publick . again , if charity should so far abound , as to maintain such superfluity of idleness , it may be presumed , that for the publick good of their majesties and the nation , it will be far less charge to allow many imployed therein s. per week to maintain them out , rather than s. per week to have them in such imployment , as being a pattern of such evil examples to others . in all that hath been proposed herein , it was not designed as reflection on any . for what is practised therein now , is not to be looked on as a new method , but rather as an ancient custom of long standing , which by such custom and evil example hath been received from one age to another ; and so not any person to be much blamed , although it is apparent that by long use , it is every year grown worse and worse . but however , let the measures or methods be what they will , if it doth appear by what hath been proposed , that better may be now taken , and such as may be of so great use and advantage , it cannot be thought unreasonable to lay such old methods aside , to make way for new , ( especially such as may be so advantageous and profitable ) no more than for a prudent mariner , who foreseeing a storm , doth make for a good harbor , to avoid ship-wrack . although it is commonly objected that proposals of this kind ( let them be never so profitable ) do seldom prosper , except brought forth and managed by persons of honour and grandeur . to which it is humbly answered , that the matter it self being just and honourable , and of so great use and benefit to their majesties and the whole nation , it ought not to be slighted for the author's sake ; especially when considered how far loyalty and duty , accompany'd with a firm and constant mind , hath often produced in all ages , great advantages to the publick . thus having for the general good , exposed my self to the publick censure in a matter of so great importance , in so mean and plain a dress ; which may be justly attributed to the want of education rather than want of judgment . however , for what i have written i desire no praise but patience , being altogether unworthy to be accounted a work-man in this kind , knowing it is impossible for me as well as others , to please all . and although there be many carping zealots , who in envy to the cause more than the author , may be ready to cavell with me for the same , i shall little regard the evil censure of those , who i never did intend to make my judges , but shall in all things submit to the judgment of the more prudent and well affected to the government . all which i shall conclude in the words of the reverend doctor burnet , in his sermon preached before the honourable house of commons the st . of january , . his conclusion was , that there be no breaking in , nor going out ; nor no complaining in the streets . then with the psalmist , happy is the people that is in such a case ; yea , and happy is the people whose god is the lord. if sparing it be thrift , as wise men hold , then let us spare our silver and our gold : 't will make our cannons roar , and hero's sing god save great william and his royal queen mary , the glorious patern of true majesty . whom god preserve in peace and righteousness , and crown their deeds with glory and success . finis . notes, typically marginal, from the original text notes for div a -e under the notion of shipwrights is comprehended ship-carpenters , calkers , mast-makers , boat-makers , &c. if the new work be let out by the great , the management thereof will wholly depend upon the undertakers . if the work be so let out by the great , there may be as much money saved in one month as will pay the charge of the next two months ; and in times of exigency , more than twice the work may be performed by the same number of work-men ; and all charge and trouble in pressing for such yards avoided ; and men would not expect to be idle or injurious . this foregoing paragraph being the basis hereof , is confirmed by the company of free shipwrights , in the eighth article of their case , formerly delivered to the commissioners for executing the office of lord high admiral of england . if such payment were to be made , it would be of such advantage that many who now ( in recard of poverty ) are exempted may be capable of paying suitable taxes on all occasions . the loyal indigent officer being a brief description of the truly loyal commissioned officers, which hath faithfully served his late majesty, of ever blessed memory, and his majesty that now is : with a discovery how to be known from the number of the pretended commission'd officers, which formerly hath appear'd, and hath participated of his majesties gracious gifts and favours and, not contented, secretly contrived for more / written by charles hammond ... hammond, charles, th cent. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the loyal indigent officer being a brief description of the truly loyal commissioned officers, which hath faithfully served his late majesty, of ever blessed memory, and his majesty that now is : with a discovery how to be known from the number of the pretended commission'd officers, which formerly hath appear'd, and hath participated of his majesties gracious gifts and favours and, not contented, secretly contrived for more / written by charles hammond ... hammond, charles, th cent. [ ], p. printed by e.c. for the truly loyal party, london : [ca. ] "presented to the kings most excellent majesty" date of publication from nuc pre- imprints. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . england and wales. -- army -- pay, allowances, etc. military pensions -- england. great britain -- history -- restoration, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion the loyal indigent officer . being a brief description of the truly loyal commissioned officers , which hath faithfully served his late majesty , of ever blessed memory , and his majesty that now is . with a discovery how to be known from the number of the pretended commission'd officers , which formerly hath appear'd , and hath participated of his majesties gracious gifts , and favours , and not contented , secretly contrived for more . written by charles hammond . one of the truly loyal indigent officers . presented to the kings most excellent majesty . london , printed by e.c. for the truly loyal party to the high and mighty monarch , charles the ii. king of great brittain , france , and ireland , defender of the faith. dread soveraign , true loyalty hath imboldned me to present this subject to your majesty , not out of any sinester ends of mine own , but in the behalf of the truly loyal commission'd officers ; them that can declare and prove themselves so : and the causes of all their wants , sufferings , and indigencies , since your happy restauration : we must confess your majesty and parliament hath been bountiful unto us : but the sinester self-ends and covetousness , of some that hath had the managing of your gracious favours , hath left us still indigent officers ; and hath enricht themselves by our ruines . all that we humbly beg of your majesty , is for the king of kings sake , and for your blessed fathers sake , one of the best of kings ; that you would be so gragiously pleased , as to afford that small time as to peruse this book , or refer it to some that may give your majesty an account of it . here is nothing but truth in it , though it be deckt in a mean habit of poor language , being more souldier then scholar . thirty five years we have served and suffered for your royal father , of ever blessed memory , and your sacred majesty , above half the age of most of us . twenty years before your happy restauration , we spent our youths , our bloods , and what estates we had , in imprisonment , and bondage , in the time of rebellion , and after the murther and marthirdom 〈◊〉 your blessed father ; and now almost fifteen years since your happy restauration ( in indigency and much want many of us ) we hope your majesty after so long a time , will somthing provide for us , that we may not want food and raiment in our old age we have been forc'd to make fasting days , whilst those hath made feasting days ; which hath converted your majesties bounties and favours to their one use , that was ordered to be justly and honestly deal withal by them , for the relief of some of us . some of these having received double favours from your majesty , and not satisfied , are always contriving for more : we hope your majesty hath some left for us at last who can prove our loyalty , service and deserts , equal with some of theirs if not out ballance them , and out sufferings much more . we have no ●●dy under god to make our necessities and grievances known to , but our gracious majesty . it was formerly a proverb , that a friend in court , was better then a penny in purse ; but now no penny in purse , ●●w friends in court : we may wan●er with our good service and desert ●here we will , we shall scarce find ●mployment or preferment , for an in●igent officer ; unless he can bring angels with him to open their mouths , ●nd make them speak cheerfully : pray pardon me gracious soveraign , out of the abundance of the heart ●he mouth speaketh ) if i have been ●oo bold in my expressions , i hope your majesty will think it more my igno●ance , then presumption . may it please your majesty , i have ●ere in this small treatise , drawn out ●he truly loyal commission'd officers ; what they have been , what they now are , and how to be known ; which truly qualified , are not many now to be provided for . i have cleered the aspersions laid upon them to your majesty . likewise the causes of their indigency formerly , and lately , by the pretended loyal officers : which i hope your majesty will take it into your princely consideration , to provide some subsistance , that we may live and end our days with some comfort and content after our troubles , and so long sufferings , that we may pray for your majesties long life , happy reign , and prosperity in this life , and a crown of glory in the world to come : which shall be the prayers of your ever loyal subject and souldier ; to the utmost of my strength and power ; as i am in duty bound , charles hammond . may it please your majesty there is a list ready to present , when our majesty pleases to command it , of most of the truly loyal commission'd officers , that are here about the cities of london and westminster , and not provided for : which officers will make themselves out truly qualified , according as this book expresses : and desire to be tried by an inspection or examin'd by whom your majesty shall appoint : that it may be clearly made known they are such as deserves your majesties favours from those that are secretly contriving to purchase some benefits or rewards from your majesty ; and acted by some that are no such men , nor never had the commands as they go by : which we hope your majesty will be so graciously pleased , that when god shall put it in your majesties brest to provide for us , as we hope he speedily will ; that all such may be provided for , that are as they pretend to be ; which at the most , cannot be two hundred , less it may be , when truly examined , as they desire to be ; which as then can be no complaints , neither by the loyal commission'd officers , nor the pretended officers having been cleerly made out what they have been , the great necessity of many of the loyal party , hath imboldned us to press your gracious majesty so much as we have done , which we are bound to pray the lord will bless and prosper you in all your councels , and actions . the epistle to the reader . i know not into whose hands this small book may come into by chance , i shall be censured hardly by some for speaking the truth , ( i vallue it not ) i fear god and honour the king , before whom i am commanded to speak the truth : i must confess all truths at all times ought not to be spoke ; i have more ( if commanded by authority ) to utter , till then i wave it : if i have offended his majesty ( to whom i have dedicated these papers ) by my blunt or too bold expressions here , i humbly beg his pardon , which my loyalty and faithful service i hope shall procure ; being never guilty of presumptuous actions to displease his majesty ; i may procure enemies i confess , but none that truly fears god and honours the king : such whose unjust self ended and covetous actions hath rob'd the spittle ( as i may say ) and having enough themselves , snatcheth the bread from those mouths it was given to , that their tables may be furnisht the better , though some are ready to starve the whil'st : such as these may be my enemies for declaring the truth ; if thou art one of these that reads this book or a friend , to any such , tell them i am too old to fear , and and to great a sufferer to flatter . but if these papers , or my self lights into the hands of any such magistrates ( under his majesty ) as jethro propounded to moses ( to govern the people ) men fearing god and hating govetousness : i hope i shall deserve no frowns from them , if i have no favours . can you afford but so much time or patience to read these two sheets of paper , censure of it or me what you please , i write it not for self ends , benefit , nor honour ; i wish i had but as much skill to handle my pen as a scholar , as i have as a souldier ( according to the command i had ) i nor others should not be so much slighted by gown men , as we are now by some sword men , ( being old ) age is lookt upon in a pulpit or in the courts of iudicature , according to their learning and desarts . how old souldiers are lo●kt upon now according to their deserts , i leave it to the young souldiers to judge : all that we have to comfort our selves now ( many of us ) is a good conscience , and that we have served our king loyally and faithfully , and hope for a reward ; if not here , we hope hereafter . all that i have to say to the more , reader , i wish thee as well as thou wishest the prosperity of his majesty , and the peace of the kingdome , and all his loyal subjects , that serves him faithfully and honestly . so far i remain thine to the utmost of my power , charles hammond . the truely loyal indigent officer . an honourable title ; it was given us by act of parliament , not by any way of derision , but out of pitty ; considering our condition . they little thought we should retain our indigency so long . the gift his majesty and parliament gave us , l. men of understanding did judge it to be a princely and noble gift : besides his majesty was gratiously pleased to add to it the office money , which by most mens judgments ( that had understanding in the offices ) if honestly taxt and gathered , would amount to as much more at least . sixscore thousand pound ! ( a sum of money ) had it been rightly destributed according to the intention of the act of parliament , ( that was ) to the truly loyal indigent officers , it would a raised them considerable sums to imploy'd them , or purchas'd places , as those that were our enemies have done . but the report of this money to be given , so alarm'd the counterfit officers , that they conceited , and created themselves officers , grooms , serving-men , and pedees to colonels , and field-officers , made nothing of getting certificates to certify them leiutenants , cornets , ensigns , serjants , corporalls , sentenells , and private troopers to make themselves ensigns , cornets , and quarter-masters : then there was your paper officers ( as i may call them ) that could come up and lye at little charges here in london ; one aturney would serve to lye here for the letters of aturney of two or three shires of such officers : they would venture their names and certificates with them at half snips , or as much in the pound according as they could agree for : most of them knowing it was all clear gains , if they got any . in conmming up to clam it themselves , they knew here were them that would know their faces , if ever they shew'd them with credit in his majesties army : but they thought they were not act proof if they came within shot of the truly loyal officers ; therefore they would pickeer at a distance a far off , and their aturnyes to stand the danger . i will not say but some of them may be right , and the owners truly qualified : but i beleive not the third part according to the act of parliament , for after the act came out there was them that made a good living by creating , and perswading many to be captains and officers both in city and country ; it is too tedious to relate the cheats that was in that list of officers : to my knowledge ( that was in the western army , and in one regiment from the first to the last ) a drum put in for lieutenant , a captain ( when examined ) did not know his lieutenat colonel . eleven ensigns to the regiment that i belonged too , and neer but ten colours flying at first : two quartermasters to that regiment of foot , and no such men known by the colonel , nor my self , ( that continued to the last in it ) and many officers we never knew , dead men that were comsum'd in their graves long before this act came out ; their names appear'd here by conjurations of some or other to cheat real indigent officers . these letters of aturney-marchants gain'd well enough to keep themselves from indigency , some they never paid , and thought it no deceipt to deceive the deceivers , the honestes of them ( if there were any ) took such fees of their clyants , they will scarce be trusted with any busines of consequence by any honest party since , it is the beleif of many honest gentlemen that the unlawful letters of aturney that were paid , made paid , and unpaid , hath juggled away as much money as would satisfy most of the indigent officers that are left : there was another sort of pretended officers put in for a share of this money ! that never had men , nor commissions neither , many of them ; it was an easy matter towards the latter end of the wars to gain a commission to raise a regiment , his majesty trusting them on their own words ( with little knowledge of them , may be , upon their great promises ) these colonels presently made their captains , and other officers , and so rides up and down the country to raise men and horses upon the countries charge , living upon free-quarters , and gathering contribution ; never giving accoumpt to field army , nor garison , nor never troubling them , till forc'd by the enemy to make their retreat , and so sleep in a whole skin ; these making more enemies ( rather then helping to destroy them ) by their plundering , and cowardly actions , which turned the hearts of many that wish'd his majesty , and armys well at first : these , and such like , made up this number of . and odd commissioned officers ; enough for three camp-royals of horse and foot ( besides those that had estates , imployments , and commands ( that did not put in ) which was a shame to our english nation , to have a kingdom conquered , and such a pious prince murdered before his own palace ( for want of an army ) the number of officers sufficient enough to conduct a hundred thousand foot , and forty thousand horse ; such an army of politick genera's , couragious commanders , and well disciplin'd and resolved souldiers , need not have fear'd to a marcht to the walls of constantinople , and make an honourable retreat , if not conquer'd the great turk ( had we not lost the hearts of the truly ancient brittains ) but what should i talk of so many officers , when there were not by the judgment of those that knew this list , not fifteen hundred that were truly qualified , according to the act of parliament ; yet all these officers past muster in the list and book , and past inspection for all that ever could be justly proved against them . thus have i made it appear , what a number of money hath been paid , and made paid most of it , to an unknown number of men , so according as it was ordered , this l pound , and that office money that was paid , would amount to but days pay to them that did receive it , and two years before we could get it ; so as it was given for a help for some subsistance for us , it made us more indigent than we were ; for it cast many of us in prison , running more in debt then the money would pay . what here i have declared , i know there is many gentlemen are sensible of the truth of it . his majesty likewise was graciously pleased , after this to grant a patten for six years , to those commission'd officers that were here about the city , that had no imployments , nor subsistance of a livelihood , till his majesty could make a more ample and lasting provision for them ; as is more fully exprest in the letter patten , there was trustees chosen ( thirteen , i must confess ) by some of us , but we could very well a spared half of them , for they have shuffled and cut so with the party ( which is two hundred and odd ) that they have gain'd but a very little by their dealing : there is no body can tell their gains , ( nor they cannot say themselves , they are loosers ) in a matter of fourteen or fifteen months after the setting up of the lotteryes , there was account given ( i know not whether it was upon oath , for i heard of none they took , but the oath of secrecy amongst themselves ; which one of their own party confest , when he was askt how the business went by one of us ) they having the managing and letting of all lotteryes , for that time , the plate lottery at charing cross , where his majesty and the royal family was pleased to honour it ; not only with their persons , but likewise with their purses : there was plentiful throwing into that lottery , according to the drawing out . and likewise , they had the benefit of many plate lotteryes , in divers places that year ; and the letting and setting of the other lotteryes that brought in handsom sums of money ; besides the royal oak lottery , which was more considerable then all the rest : now after your necessary and unnecessary charges was deducted , it was brought to eleven days pay a piece to the party ; which was but a very small sum , as i shall make it appear at last , there was a greater sum of money left for you thirteen , then for all the rest of the party besides : each one of you allow'd your selves more than you allow'd a whole regiment of officers , ( quarter-masters excepted ) you would let none of them come in for a share ; intending to quarter us your selves with a quarter part of the royal oak , and judged it enough for us by your bench of thirteen , your chair-man judge , and a full jury ( if you all sate ) to take his part : but now so much of the time being gone , and so little profit appeared , the party began to murmure , then to show your good intentions you had for the benefit of the party , you were contented the city and country should be devided in lots amongst us , who had the drawing of them i know not : but the city of london must be your share , ( with some others that you chose ) which was more responsable then all the countries could be ; for all the rest of the party not bearing the charges of any that should go to manage them , according as you had and did manage it ; and had it not been for the royal oak ( which you did strive to keep all for your selves too ) most of the party had had nothing of all the lotteries ever since ; at last you did allow us the fourth part of that ; but we must believe your honest words , ( i hope you did not misreckon your selves ) we cannot judge it to be an even account , it comes so just to two days and a quarter a piece each officer , twice a year paid ; them that keeps those lotteries for you , keeps a very good correspondency ; they know we are so poor , a little gain will please us , so they bring us in not loosers : ten days pay and three quarters we have had since , who you have been pleased to pay , which doth amout to a labourers hire formerly a peny a day one officer with another , it will not pay for their lodging , let them shift for meat , drink , and cloths , how they can . now ( our trustees ) thinking we were not content with this small sallery we had from them ( as well they might ) nor they satisfied for the pains and care they took for us , shuffled a third part of us off , that are left alive : the pattern being nere out , having friends and money to boot , hath got the royal oak for themselves ( which they thought the fourth part was enough for all of us before ) and left the rest of the lotteryes to some other officers which his majesty hath been pleased to give them to . i wish them happiness in the enjoyment of them , and may prove to their expectations ; but our trustees are sure of the wheat , whatsoever the rest proves . i am sure there 's none of them can say , they are indigent officers now , whatsoever some of them could before they were chosen trustees . but the number that chose them were not many more then their selves , and if to choose again , would scarce give their votes for half of you now , in a smaller business of trust . i am so charitable to think if some of the trustees had sate at the helm in your steed , that did , they would a steer'd a better course of conscience , than you that sate twice a week , and your wills a law , having the purse in your hand . out of conscience i tell you this , for dealing so unconscienceably by me and others , granting power , and authority , and receiving rent , promising to vindicate men , and make them stand tryals , to their utter ruine , and will not be at a penny charge ; yet allowing your selves such salleryes and interest , t is a shame here to relate , ( which will be proved ) by the plate lotteries , which two of you took upon you to manage , in the behalf of a party ; where their lot fell in the country : one of these persons hath iumpt ( since his name was in the printed book , amongst the . indigent officers ) from a cornet to a captain , and never headed troop nor company since , whatsoever he did before ; nor i believe will never be chronicled for his acts of piety , charity , or valour . to carry on his designs as the party knows by experinnce ; since he hath had the handling of the business , it is his policy to trust none of the party with any business of our own , where he hath had the managing of it , neither in the plate lotteries , or royal oak , but give good salleries to others , which would a been a good relief for some of us ; that i believe was as able and as honest as any were implo'd , and would a given a good satisfacton of your integrety to those that were mistrustful of you ; but you thought they were not fit for your secrecy , and therefore not fit for your service : but some of you ( say we ) are a discontented people , and never satisfied what is done for us : let all men that hath any conscience , or christian reason in them , judge , after i have as near as i can , cast up how much you have been pleased to allow us , since you have been our stewards ; whether we have not had more reason to complain than give you thanks for your pains and care you have taken for us this six years : the first payment we had a days pay from you , out of all the lotteries , and days & quarters pay since out of the royal oak ; which makes not days pay in all , cast up for the time , it amounts to about six pence a day , between a colonel of horse , and a collonel of foot ; other field-officers , on with another , not two-pence a day : a captain of horse and foot , three half-pence a day , three pence between them . leiutenant ensigns , and cornets , about a half-penny a day , one officer with another , not two-pence a day to maintain them . i would have you reason with them , how they have spent and consumed it , and not benefitted themselves by it as you have done , but murmure at your actions : the servants that you have imploy'd for the managing of our business , that you were intrusted for , hath made their saleryes many days better then a regiment of officers pay , hath been a day ( and good keeping by you besides ) i hope you have gain'd this six years sufficient enough by us ; what we have gain'd by you , i have made it appear , i hope when it is known how we have been dealt withal , since his majesties restauration , as this book relates part , we cannot be blam'd formaking our grievances so much known , and have had so little done for us yet , and long of such as have had the managing of our business . i hope you will give an account what moneys you have left in your treasury , of those that are dead since , and either pay it to the widows , children , or to them that relieved them ( when you would not ) unless they would administer , and so it may be undo themselves , for that little you would do for them . if you have not the curses of the widows and fatherless , i am afraid you have the prayers of very few ; if you have done for us as you would be done to your selves you have done like loyal subjects , and good christians ; and i wish your prosperity according , the same i wish to my self : give loosers leave to speak the truth , and not all neither , till occasion serves . if i have drawn you out here with my pen , it is not to the life , for i have shadowed you ; and it is well known to some of you your selves and to others ; for the present i shall leave you , as you have left us : if we be thrown out of your favours , which i am apt to believe you had never none for us ( unless it were for your own ends ) we hope we shall not be thrown out of his majesties favour , nor none that truly loves those that faithfully served him ; as i shall make it appear who they are , and how to be known , from those that takes the names and titles , of loyal commission'd officers . there is your truly loyal commission'd officer and your truly loyal indigent officer . two titles , but one subject ; different in habits , but all one in hearts : some it may be hath some livelihood , credit , subsistence , some friends , in hopes of somthing to be done for them . others may have imployments during pleasure ( not life ) subject to be turned out , because of their age ; but others again as i know hath neither , so indigent , and their wants so great , they are ashamed to make it known ; men fit , deserving men to be trusted in honest imployments , and as able to perform , which i believe his majesty knows not off : and there are them that knows those things , but being provided for themselves , grows forgetful of their fellow-sufferers : the pretended loyal commission officers , hath been the cause of those things , and the aspertions that hath been laid upon us besides : the truly loyal commission'd officer , is he that can make himself out so , according to the title and command he had formerly : having a real command of men answerable , and able to perform the duty of a souldier ; according to that command ; that served his prince for loyalty , not lucre ; that feared neither the complaints of the souldiers , nor the countries to rise against him , for abusing , or wronging of them , that served and suffered till the last , without deserting ; that never was a shame to his king , nor the cause he undertook by his deboist living or behaviour , that strived as much to serve god , as he did to honour and serve his king. these are brave principles ( you will say ) to be found in commanders , and souldiers : such as never wisht his majesty nor his armies well : say , there were very few then , and appears as few now , but it is well known to them that were in the armies of either side that there were many such in all parts of his majesties armies ; there is many lies now in the earth , whose memories will never dye on earth : some dyed in the field of honour ; others murthered for their loyalty . i will name none , but let truth and equity judge ; and then their actions in all parts where they were known , will sound their fame to those that are now living , and strives to imitate them , which is no disgrace to a souldier to be religious as well as valorous ; some of those men ( i mean ) though not declared here , had been brought up in other parts beyond the sea ; before they had occasion to show their valour and knowledge here in his majesties service , and were not ashamed to own they were commanded , before they came to command , and knew what belong'd to a souldier from a sentinel , to a general , and of good birth ; which if now living , would not despise age and poverty , in old deserving souldiers , ( and officers formerly ) as some do ; and lookt upon as such pittiful fellows , that deserves more disgrace or shame to be thrown upon them , for their loyalty and good service , then either charity or equity , to be done for them ; as for example , two that are now in good offices ( which i shall not name ) and are imploy'd about business that lyes in dispute , concerning the loyal indigent officers ; one of them was pleased to say , what a stir there was about a company of idle fellows ; let them go to work for pence a day : the other spoke more inveterate words , which ( i shall wave relating here ) i know not what they have been , nor what their parents were ( though now got in good imployments ) such words they spoke , savours more of the seed of rebellion than loyalty ; and like to have good proceedings from such agents , if they could bear sway : how such men ought to be honoured with preferment , i leave it to all honourable gentlemen , that belongs to the courts of england to judge of it ; they have neither law nor gospel of their side to defend themselves , to belch out that hatred they have in their hearts against souldiers , and gentlemen that had estates , and could a liv'd well without working , ( being never bred to it ) before rebellion got the upperhand . solomon the wisest king that ever was , held such as were men of war to be more honourable then to be imploy'd in servile work , such as he imployed strangers in , and the people of the land. when the souldier askt john baptist what they should do , he did not abhor them but admonisht them : do violence to no man , neither accuse any falsey , and be content with your wages . as allowing the calling , but reforming the abusers . blame me not to declare to the world how much true loyalty is look'd upon in indigency ? not only by them that were our enemies ? but likewise those that hath profest themselves our friends , and such as hath served his majesty faithfully ( it may be too ) only got the start of us ; being prefer'd , or provided for ; have they but good cloaths and money in their pockets , they will either shun ye , or look on one side , and take no notice of you , or give you a complement , with your servant sir , scorn you for your cloaths sake , fearing you should disgrace them , or put them to charge with your company ; being puft in heart , as much as in habit ; forgetting what you were , having forgot themselves , not minding what shifts they nor we have been put too in the time of rebellion , leaving our own country , and habitations ; taking any honest courses to live in remote places , where they knew not what we had bin , rather then desert the cause we fought for , or make shipwrack of our conscience and loyalty , either to serve or adheer to our enemies . there were some to my knowledge , might a had preferment , and the same commands under them , when they were in prison , at the latter end of the vvars , if they would a took up arms under them . the skill of a pilot is best known in a tempest : the worth of a souldier in the day of battel ; and the true principles of a christian , in the times of persecution . it was the words of her that was a cherisher of such , and knew the worths of them . such as hath indured the brunts of all these in their youths , and prime age , ought not to be disdained now they are old. jesus the son of sirach in ecclesiasticus , the . chap. the ver . he saith , there was two things that grieved his heart , to see a man of war suffer poverty ; and men of vnderstanding not set by . though it be in the apocraphy , it is not to be despised by any that hath any christian charity in them : i hope this book will light into the hands of some that are such as the son of sirach was ; that will grieve that our poverty hath lasted so long and will be instruments to move his majesty in our behalfs ; that some speedy course may be thought on , for those that are left alive , that we may not be made a scoff on by such as are our enemies in their hearts to us for our loyalty , and deride us to our faces , as much as they durst for our indigency ; the aspertions that hath been laid upon our party , i believe hath been the causes that we have been so long not provided for ; saying we are a discontented people , and will not be satified for what is done for us ; delighting in swearing , and drinking : domineering what they have bin , and what command they had , ( when proved to the contrary . ) i must confess t is this sort of idle , vapouring , counterfeit-officers , hath made us all fare alike ; and it is those that makes such a number , his majesty knows not who to provide for . this raiseth the discontent that is amongst us : takes upon them the titles of collonels , that c●nnot prove they had a real command of a troop or company ; and if put to the tryal , know not how to decipline either . it is as strange to hear of a leiutenant collonel now amongst us , as it was to hear of a leiutenant beyond sea , that went over after the vvars was done here , ( some majors ) captains indeed good store : that title is so common , that if you can get but a good suit of cloaths , and money in your pocket , you shall raise a company , shall adopt you captain in the first tavern you come to ; and seal your commission with a hundred damnme's : and in a vveek or fortnight ranting with you , conceit your self you are a real captain indeed ; when an indigent captain is asham'd to own himself what he hath been in his deplorable garb and countenance . he that was a real officer , will take it as a jeer to be coxt with titles of higher honour then what he hath been . i know some ( and others besides my self ) that owns themselves to be collonels , majors , and captains , that if come to the test , cannot prove themselves any such men formerly , if they prove themselves any thing at all : yet some of these hath took upon them to inspect others , and would not be inspected themselves by those that knew them . these may say we are discontented people , if we be with them we can shew very good reasons for it . i must confess these are those that hath been the cause that such odiams hath been cast upon us , by their deboistness , swearing , domineering , and drinking : some that hath vapour'd more with their words , then ever they did with their swords formerly in the army : telling what fights they have been in , and what acts they have done ( when none to contradict them ) binding it with horrid oaths . some hold themselves no souldiers , till they can gracelesly , ( as a grace to them ) thunder out bloody oaths ; common swearing maketh one apt to forswear himself , which is a fearfull sin , not left unreveng'd of god ; in great persons the abuse of gods name by horrible swearing , and dam'd oaths , the lord tells us , a curse remains upon them , and threatens to cut them off : 't is a horrid sin , ( too much used ) some out of passion , and some out of custom , makes nothing of it in their drinking : vvhich sin had made us odious in the sight of god and man. 't is that which has been cast upon the kings party formerly , though hated by many officers , and as strictly reprooved and punisht by them in their souldiers . vvell may a souldier plead priviledge to it , when he sees his officers makes a custom of it : how can parents correct their children for those sins which they may say , they learn'd of them . i wish it were not so much us'd amongst the loyal party as it is : they say , oppression will make a wise man mad ; we have had oppression enough by our enemies , and abused sufficiently , by our pretended friends . i count it not wisdom to abuse god in swearing , and cursing of them , in thinking to revenge our self thereby : for matter of deboystness , and drinking , which is laid upon the party . for my part i know there hath been them that hath walkt from morning till night , and could scarce meet with a breakfast , or mornings draught ; though they have met with them that could a reliev'd them with both , ( some of our trustees ) nor lend them a shilling if they had askt them , though they know how to pay themselves , unless you would sell your lot or part to them ; then they would find money : as wants hath made many done of late , having neither imployments , trades , nor credit ; having wearied all our friends , and relations , with promises , hoping we shall have some ways provided for us , to satisfie them , and relieve us : there are many of us i believe if they had it , would not see one another want . many times we meet and are glad we can make our selves merry with melancholly and hopes together , more than our purses are able to do in drink ! we that had little or nothing left , when his majesty was returned , cannot have that plenty now , as to waste it in superfluities of meat and drink : we have made hard shifts for food and raiment , and been content with little drink : but it is none but a never contented party that says we are a discontented party , and would have nothing done for none but themselves , unless they have a part in it , that will cast aspertions upon those they thinks will declare the truth against them ; thinking that by that favour they have got , to throw all out of favour but themselves ; and those that can flatter with them for fear , or self-ends . i hope those that can appear before his majesty , or whom he shall appoint , and make themselves cleerly out , that they have been truly loyal commissioned officers , and such as they declare themselves to be in the list , faithful subjects to his majesty , from the first to the last ; and no such persons of carriage nor behaviour , as some are pleased to render them : but such , as when examin'd , shall be found as deserving men ( according to their commands they had ) as those that hath been pleased to report us such persons , because of our poverty , and nothing done for us ; then it will be found it is more their malice , and covetousness , than any religion , or fear of god they have in them ; as shall appear between their actions and ours , e're long , when the truth is made known to those that may have the hearing of it : which is the cause i have vvrite this book . first , to acknowledg what his majesties care and love hath been for us , in providing as we thought , a subsistance for us , if it had been manag'd according to the intentions of the act of parliament , for the performing of it . secondly , to make it appear we are no such discontented persons , but content , if not abused . thirdly , how much hath been done for us , and how little it hath come to ; and long of those that hath been intrusted in the managing of it . and lastly , if his majesty be graciously pleased to do any thing for us , we desire to make it known we are such men as we report our selves to be , truly loyal commissioned officers , having had real commands according to our titles ; very indigent many of us , and not provided for ; which we shall leave it to god and his majesty , to look upon us according to our loyalty , and sufferings : knowing none will be offended , that truly fears god , and honours the king . finis . notes, typically marginal, from the original text notes for div a -e chron. . . luke . . queen eli. zach. . . reasons for abrogating the test imposed upon all members of parliament, anno , octob. in these words, i a.b. do solemnly and sincerely, in the presence of god, profess, testifie, and declare, that i do believe that in the sacrament of the lord's supper there is not any transubstantiation of the elements of bread and wine into the body and blood of christ, at, or after the consecration thereof by any person whatsoever, and that the invocation or adoration of the virgin mary, or any other saint, and the sacrifice of the mass, as they are now used in the church of rome, are superstitious and idolatrous : first written for the author's own satisfaction, and now published for the benefit of all others whom it may concern. parker, samuel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reasons for abrogating the test imposed upon all members of parliament, anno , octob. in these words, i a.b. do solemnly and sincerely, in the presence of god, profess, testifie, and declare, that i do believe that in the sacrament of the lord's supper there is not any transubstantiation of the elements of bread and wine into the body and blood of christ, at, or after the consecration thereof by any person whatsoever, and that the invocation or adoration of the virgin mary, or any other saint, and the sacrifice of the mass, as they are now used in the church of rome, are superstitious and idolatrous : first written for the author's own satisfaction, and now published for the benefit of all others whom it may concern. parker, samuel, - . [ ], p. printed for henry bonwicke ..., london : . marginal notes. signed: sa. oxon. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. test act ( ) great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion let this be printed , whitehall , decemb. . . sunderland p. reasons for abrogating the test , imposed upon all members of parliament anno . octob. . in these words , i a. b. do solemnly and sincerely , in the presence of god , profess , testifie , and declare , that i do believe that in the sacrament of the lord's supper there is not any transubstantiation of the elements of bread and wine into the body and blood of christ , at , or after the consecration thereof by any person whatsoever ; and that the invocation or adoration of the uirgin mary , or any other saint , and the sacrifice of the mass , as they are now used in the church of rome , are superstitious and idolatrous . first written for the author 's own satisfaction ; and now published for the benefit of all others whom it may concern . london : printed for henry bonwicke at the red lyon in st. paul's church-yard , mdclxxxviii . reasons for abrogating the test . the test imposed upon all members of parliament , october . . ought ( i humbly conceive ) to be repeal'd for these reasons ; first , because it doth not only diminish , but utterly destroy the natural rights of peerage , and turns the birth-right of the english nobility into a precarious title : so that what was in all former ages only forfeited by treason , is now at the mercy of every faction or every passion in parliament . and therefore how useful soever the test might have been in its season , it some time must prove a very ill precedent against the rights of peerage ; for if it may be allow'd in any case , there is no case in which it may not be imposed . and therefore i remember that in the first transubstantiation-test , anno dom. , the rights of peerage are [ indeed according to constant custom ] secur'd by proviso . provided always , that neither this act , nor anything therein contained , shall extend , be judged , or interpreted any ways to hurt or prejudice the peérage of any péer of this realm , or to take away any right , power , privilege or profit , which any person [ being a péer of this realm ] hath or ought to enjoy by reason of his péerage , either in time of parliament or otherwise . and in the year . when this test or oath of loyalty was brought into the house of peers , that it is not lawful upon any pretence whatsoever to take up arms against the king , and by his authority against his person , it was vehemently protested against as a breach of privilege . no body could except against the matter of the test it self , much less the nobility , who had generally taken it upon the account of their several trusts in the militia . so that the only debate was , whether the very proposal of it , as a qualification for a right to sit in parliament , were not a breach of the fundamental right of peerage ? and after some debates upon the point of peerage it was , without ever entring into the merits of the cause it self , thrown out by an unanimous vote of the house , april . . before the putting of the question , this protestation is entred . a bill to prevent the dangers which may arise from persons disaffected to the government . the house resolv'd into a committee to consider of it , and being resum'd , the question was put , whether this bill does so far intrench upon the privileges of this house , as it ought therefore to be cast out ? it was at first resolved in the negative with this memorandum , that before the putting the abovesaid question , these lords following desired leave to enter their dissents , if the question was carried in the negative , and accordingly did enter their dissents , as followeth . we , whose names are underwritten , being peers of this realm , do according to our rights , and the ancient usage of parliaments , declare , that the question having been put , whether the bill , entituled an act to prevent the dangers which may arise from persons disaffected to the government , does so far entrench upon the privileges of this house , that it ought therefore to be cast out , it being resolved in the negative , we do humbly conceive , that any bill which imposeth an oath upon the peers with a penalty , as this doth , that upon the refusal of that oath they shall be made uncapable of sitting and voting in this house : as it is a thing unpresidented in former times , so is it in our humble opinion the highest invasion of the liberties and privileges of the peerage that possibly may be , and most destructive of the freedom which they ought to enjoy as members of parliament . because the privilege of sitting and voting in parliament is an honour they have by birth ; and a right so inherent in 'em , and inseparable from 'em , as that nothing can take it away , but what by the law of the land must withal take away their lives , and corrupt their blood ; upon which ground , we do here enter our dissent from that vote and our protestation against it . qvaere , how many of those noble lords voted for the test in . and then , whether if they have preserved their rights of peerage , they have preserv'd its honour too ? but the debate was kept up many days , till at last , april . . it came to this issue . it was at last resolved , that no oath shall by this bill be imposed ; and pass'd into a general order by the whole house , nemine contradicente , as followeth . order'd by the lords spiritual and temporal in parliament assembled , that no oath shall be imposed by any bill or otherwise , upon the peers with a penalty in case of refusal to lose their places and votes in parliament , or liberty of debates therein ; and that this order be added to the standing orders of this house . secondly , it ought to be repealed , because of its dishonourable birth and original ; it being the first-born of oats's plot , and brought forth on purpose to give credit and reputation to the perjury . now i should think that when the villainy of that is so fully laid open to the world , it should not a little concern the honour of the nation , but very much concern the honour and wisdom of the house of peers , to deface so great a monument erected by themselves in honour of so gross an imposture . it is shame enough to the present age to have given any publick credit to so enormous a cheat , and the greatest kindness it can do it self , is to destroy , as much as may be , all the records of acts done by the government to abett it . what will posterity judge of the present nobility , to see such an unpresidented law , not only enacted upon so foul an occasion ; but after the discovery of the cheat , asserted with heat and zeal , though to the subversion of their own fundamental rights and privileges ? besides , the roman catholick peers have suffered severely enough already by their own honourable house's giving credit to so dull an imposture : and i think it is the least compensation that they can in honour make them , only to restore 'em to their natural rights . what will foreign nations and future ages think of the injustice and barbarity of the present peerage , to suffer english noblemen to be stript of the greatest privilege of their birth-right by so unheard of a villainy ? and when it is in their power to see their injur'd peers redressed , that they should not only suffer 'em to be so basely robb'd of their peerage , but should for ever establish and ratify the fraud by authority and force of law. this wou'd be an eternal national reproach , and such a blot upon the house of peers , that no length of time cou'd wear away ; nothing but the universal conflagration could destroy . thirdly , it ought to be repealed , because of the incompetent authority by which the law was enacted : it is a law of an ecclesiastical nature , made without the authority of the church , contrary to the practice of the christian world in all ages , and indeed to our saviours own commission , who setled all power of government , and especially the legislative ( which is the highest act of it ) upon the officers of his own kingdom ; so that for any other order of men , to assume the exercise of any such authority to themselves , is no less than to depose him from his throne , by disowning , neglecting , and affronting his commission to his catholick church . this power of making decrees concerning divine verities , is the very foundation upon which the whole fabrick of the christian church hath hitherto stood , and is to stand to the end of the world. for if it be once taken away , as here it is , there is no peculiar government left to the church it self , and without government there can be no society , or band of union ; and without that , there remains nothing but confusion : so dangerous a trespass is it for the temporal powers to entrench upon this sacred prerogative of the holy catholick church . the civil power may restrain the exercise of it , as they shall judge meet for the ends of peace , and the interest of the common-wealth , and punish it too , at their own discretion , if it shall any way presume to entrench upon the power of the state. but tho' it may prevent or correct abuses , yet it cannot usurp the power it self without manifest sacrilege and blasphemy ; in short , this is such a daring invasion of our saviour's own kingdom , that nothing more imports christian kings and governours , than to be wary and cautious how they lay hands upon it . neither can it be pleaded this law was consented to by the bishops ( to their shame ) in the house of lords . for first , it being an ecclesiastical law , it ought to have been antecedently enacted by them , without any lay-concurrence ; and when they had first decreed it by their own proper authority , then , and not before then , was it lawful for the parliament to take it into their consideration , and as they judged fit , to abett it with temporal penalties . which practice ( as i have before mentioned ) was ever most religiously observed by all christian kings and princes , and never before violated , but by apostates and rebel parliaments . but then secondly , the bishops sit not in the house of lords as bishops , but as temporal barons , and so act not there by virtue of any power derived from our blessed saviour , but from the meer grace and favour of the king ; and if they themselves should pretend to exercise any ecclesiastical authority in that place , they would most scandalously betray , and as much as in 'em lyes , destroy the very being of a christian church , and profanely pawn the bishop to the lord : besides , that lastly by the law of england the ecclesiastical power is setled in convocation ; so that to enact any thing of that nature without their consent , is to betray the rights of the church of england as by law established in particular , as well as of the church catholick in general . fourthly , it ought to be repealed because of the uncertainty and falshood of the matters contained in the declaration it self ; as , first , that there is no transubstantiation in the sacrament of our saviour's body and blood. and secondly , that the invocation of saints and the mother of god is idolatry : both which propositions are by this law to be solemnly and sincerely in the presence of god professed , testifyed , and declared , which in conscience is the same thing with a formal oath , whatever it is in law. now to oblige the whole nobility of a nation , to swear to the truth of such abstruse and uncertain propositions , which they neither do nor can , nor indeed ought to understand , and this upon penalty of forfeiting the privileges of their birth-right , is such a monstrous and inhumane piece of barbarity as could never have enter'd into the thoughts of any man , but the infamous author of it , neither into his ( as malicious as his nature was ) but in his fierce pursuit of princely blood ; for that was the only design of all his actions after the starting of the otesian villainy ( of which this test was the first sacrament ) to pursue and hunt down the heir of the crown , which all the world knows , and is now satisfied , he sought by numberless perjuries , tho' by nothing more than this test , by which he stript his royal highness of the guards of his most faithful friends ; and when he was left alone , it was an easy matter to come to his person , and in him to the monarchy ; so that the very next thing that followed immediately upon it , was the black bill of exclusion : and next to that it was the very master-piece of little achitophel's wickedness . but to return to my argument . what is meant by transubstantiation is a thing altogether unknown and uncertain , especially to the persons chiefly concerned , the nobility and gentry of the kingdom : it is a word and a notion chiefly handled by the schoolmen and metaphysicians skill , in whose writings is the least part of a gentlemans education , their learning is more polite and practicable in the civil affairs of humane life , to understand the rules of honour and the laws of their country , the practice of martial discipline , and the examples of great men in former ages , and by them to square their own actions in their respective stations , and the like ; but for the wars between scotus and thomas aquinas , the nominalists and the realists , and the several common-wealths in the metaphysical world , they are not more beyond than they are below their knowledge , and yet these numberless sects of disputers do not quarrel and differ more about any one thing , than the notion of transubstantiation . how unreasonable a thing then is it , to impose it upon the nobility and gentry of a whole nation under forfeiture of all their share in the government , to abjure a thing that is morally impossible for them to understand ? this seems too bold and profane an affront to almighty god , in whose presence the protestation is made ; and only declares that men will swear any thing , they know not what , before the great searcher of hearts , rather than lose any worldly interest : and i dare appeal to the honourable members of both houses , if ( when they consider seriously with themselves ) they have any distinct idea or notion in their minds of the thing they here so solemnly renounce . i fansie if every man were obliged to give his own account of it , whatever transubstantiation may be , it would certainly be babel . the two fathers or rather mid-wifes of the first transubstantiation test , in the year . were the two famous burgesses of oxon , who brought it forth without so much as consulting their learned vniversity . how much the gentleman burgess understood , i can only guess ; but i am very apt to believe , that his brother , the alderman , ( if the tryal were made ) cannot so much as pronounce the word , much less hammer out the notion . in short , there seems to be but a prophane levity in the whole matter , and a shameless abuse put upon god and religion , to carry on the wicked designs of a rebel faction , as the event hath proved . but for the true state of this matter , i find my self obliged to give a brief historical account of the rise and progress of this controversie of transubstantiation ; which when i have done , the result and summ of the account will be , that there is no one thing in which christendom more both agrees and disagrees . all parties consent in the thing , and differ in the manner . and here the history will branch it self into two parts : i. as the matter is stated in the church of rome . ii. as it hath been determined in the protestant churches . where the first part will sub-divide it self into two other branches . st . the ecclesiastical account of the thing ; that is , the authoritative definitions and determinations of the church about it . and , ly . the scholastical account , or the various disputes of the school-men among themselves in their cells and cloysters , none of which were ever vouched by the authority of the church : and when i have represented the whole matter of fact , i may safely leave it to the honour and wisdom of the nation to judge , whether of all things in the world transubstantiation be not the unfittest thing in it to set up for a state test ? in the first place then it is evident to all men , that are but ordinarily conversant in ecclesiastical learning , that the ancient fathers , from age to age asserted the real and substantial presence in very high and expressive terms . the greeks stiled it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and the latins agreeable with the greeks , conversion , transmutation , transformation , transfiguration , transelementation , and at length , transubstantiation : by all which they expressed nothing more nor less than the real and substantial presence in the eucharist . but to represent their assertions at large , would require much too long a discourse for this short essay . and therefore i shall only give an account of it from the time that it first became a controversie . and the first man that made it a publick dispute , was berengarius , archdeacon of anger 's , in the eleventh century , about the year , who pleaded in his own behalf , the authority of a learned man , iohannes scotus erigena , who passed without censure in the ninth century ; but , to pass him by , it is certain , that berengarius publickly denyed the doctrine of the real and substantial presence of the body and blood of christ , and resolved the whole mystery into a mere type and figure ; for this he is condemned of heresie in the year , in a council at rome , under leo the ninth ; and in the same year , in a synod at verselles , and another at paris ; and afterwards by victor the second , in the year . upon which berengarius , in a council held at tours , in the same year , submitted , and solemnly recanted his opinion . but soon relapsing , pope nicholas the second , summons a council at rome , of bishops , in the year , where berengarius abjures his opinion in this form , viz. that he anathematizes that opinion , that asserts , that the bread and wine , after the consecration upon the altar , is only a sacrament , and not the true body and blood of our lord iesus christ ; and that it is not sensibly handled , and broke by the priest's hands , and so eaten by the communicants . and this declaration he seals with an oath to the blessed trinity upon the evangelists . but upon the death of pope nicholas , or rather of king henry the first of france , a vehement enemy of berengarius his doctrine , ( who therefore had summoned the fore-mentioned several french councils against him ) berengarius returns to his old principles , and publickly justifies them , in writing , to the world. for which he is censured by several provincial councils . but then gregory the seventh , succeeding in the apostolick see , calls a council at rome in the year , in which berengarius abjures again , much after the same form with the former abjuration . but pope gregory ( not satisfied with the same general confession , of the substantial presence , that he had already eluded ) in a second council , held the year following , he imposes this from of recantation upon him . i berengarius believe in my heart , and confess with my mouth , that the things upon the altar , by virtue of prayer and consecration , are changed into the true and proper flesh and blood of christ , and are the true body of christ , that was born of a virgin , and sacrificed upon the cross , for the salvation of the world , and that sits at the right hand of the father ; and the true blood of christ that was shed out of his side , not only as a sacramental sign , but in propriety of nature , and reality of substance . this is indeed a pretty bold assertion of the substantial presence ; but as to the modus of it , it is evident , that he durst not venture to desine it , as himself declares in his commentaries upon the gospels , where after having recited several opinions about it , he concludes , but these several surmises i shall not pursue , it is enough that the substance of the bread and wine are converted into the substance of the body and blood of christ ; but as to the modus of the conversion , i am not ashamed to confess my ignorance . and so ended this controversie at that time ; berengarius ever after living peaceably ; and about eight years after dying in the communion of the church . but about this time aristotle's philosophy was brought into europe , out of arabia , as it was translated into the arabick tongue by averroes , avicenna and others , and out of them translated into latin ; for the greek language was at that time utterly lost in those western parts of the world. this being then a mighty novelty , the school-men , that were the only pretenders to learning at that time , embraced it with a greedy and implicit faith , supposing it the very gospel of all philosophick knowledge ; and therefore set themselves to mix and blend it with the doctrines of the christian schools ; and by its rules and maxims to explain all the articles of the christian faith. among the rest , he had one very odd notion , singular to himself , from all the other philosophers of greece , viz. that every substance was compounded of matter and form ; and that these two were really distinct from one another ; and then that the quantity of every body was really distinct from the substance of it , and so distinct as to be separable from it : and lastly , that all other qualities , accidents , and predicaments were founded not in the substance , but in the quantity ; and therefore in all change of affairs ever fol'owed its fortunes . now the catholick church having in all ages asserted the real and substantial presence ; oh , say they ( to shew their deep new learning ) that is to be understood in the aristotelian way , by separating the form of the bread from the matter ; but chiefly by separating the inward substance of bread , from its outward quantity , and its retinue of qualities . this was the rise of philosophick or scholastick transubstantiation , that the quantity and accidents of the bread are pared off from all the substance , and shaped and moulded a-new , so as to cover an humane body : and after this they run into an infinite variety of disputes and hypotheses among themselves ; so that till the last age , it hath been the chief entertainment of all pretenders to philosophy in christendom . rupertus abbot of dentsch , a village upon the rhine , lying on the other side of the river , against the city of cologne , a man of great reputation for learning in that age , makes out the philosophy of the thing , by the vnion of the word , or divine nature , that is omnipresent with the bread and wine ; and it is that vnity ( he says ) that makes it one body with that in heaven : and withal , that it is as easie for our saviour to assume , or unite himself to one as the other ; and when that is done , they are both one body ; because they are both his body . this was fine and curious , but not aristotelian enough for that age ; in which that philosophy was set up as the standard of humane wisdom , by the beaux esprits : among these , petrus abelardus gain'd a mighty name and reputation for his skill in these new found philosophick curiosities , tho' otherwise a man versed ( much beyond the genius of that age ) in polite learning ; but being of a proud and assuming nature , he soon drew upon himself the envy of the less learned monks ; which cost him a long scene of troubles , as he hath elegantly described them , in his book of his own persecutions . but among many other singularities to maintain the separation of the matter from the form , and the substance from the accidents in the sacrament of the altar he is forced to make use of this shift , that upon the separation of the substance , the accidents that cannot subsist of themselves , are supported by the air. but then comes peter lombard , anno . grand master of the sentences , and father of the next race of school-men , who indeed proves the real and substantial presence out of the ancients ; particularly st. austin and st. ambrose ; but when he comes to explain the manner of it , whether it be a formal or material change ; whether the substance of the bread and wine be reduced into its first matter , or into nothing , and the like , his conclusion is , definire non sufficio : i presume not to determine ; and therefore quitting these uncertain things , this i certainly know from authorities , viz. that the substance of the bread and wine , are converted into the substance of the body and blood of christ ; but as for the manner of the conversion , we are not ashamed to confess our ignorance . but if you inquire in what subject the accidents subsist , he answers problematically ( mihi videtur ) that they subsist without any subject at all . but it was agreed in all schools , that whatever became of the substance the accidents remained : and that all outward operations terminated there ; and that only they were broken and eaten . but as for the substance of the bread and wine , some were for its permanency with the substance of the body and blood , some for its annihilation , some for physical conversion . but then these curiosites were kept in the schools , where witty men , for want of more useful imployment entertained and amused themselves , with these fine subtleties of thought : but then they were confined within the schools and never admitted so much as to ask the authority of the church . in the next age comes that young and active pope , innocent the third , who succeeded to the see , anno . in the thirty seventh year of of his age , having been made cardinal in the twenty ninth . in the eighteenth year of his reign he summoned the famous fourth , or great council of lateran , at which were present above bishops , metropolitans and patriarchs , besides embassadors from all princes in christendom , for recovery of the holy land , extirpation of heresies , and for reformation of the church . in this council the word transubstantiate is first used in a decree of the church , to express the real or substantial presence of the body and blood of christ in the sacrament , under the species of bread and wine : where , in the decree against the heresie of the albigenses , who denied the real presence , it is enacted , that the body and blood of christ , are really contained under the species of bread and wine : the bread being transubstantiated into the body , and the wine into the blood , by the power of god. but though the council used the word to express the mystery , they did not so much as define its signification , much less the nature of the thing . it was a word that at that time ( it seems ) was in fashion , having been made use of by some of the more polite writers of the age. some give the honour of the invention to paschasius radbertus , some to petrus blesensis , and some to others ; but being a word in vogue among learned men , the council made use of it as a term of art , instead of the old word , transelementation , that had hitherto kept its possession among both greeks and latins . it is pity the greek copy of this canon is lost , whereas all the rest are preserved : for if we had the greek word that answered to the latin , it might have given us some more light into the thing . however , this was all that was defined by innocent the third , or by the council of lateran ; for it is much disputed by learned men , who was the author of those canons , many contending that they were drawn up after the council , because they often quote , and appeal to its decrees . this is the chief argument of the learned and the loyal william barclay , and others against them . but if these learned men had considered a little further , and looked back to the third council of lateran , they would have found all the canons cited in this extant in that : so that only some canons of the third council , are revived and ratified in this fourth : and after the clearing of this objection , i can see no other material exception against them . but to proceed ; this word having gain'd the authority of so great a council , and being put into the decretals of the church , by gregory the ninth , in honor of his uncle innocent the third , it soon gained universal usage among the latins , and was adopted into the catalogue of school terms ; and was there hammer'd into a thousand shapes and forms , by those masters of subtlety : and upon it st. thomas of aquin erects a new kingdom of his own , against the old lombardian empire ; but long he had not reigned , when scotus , our subtle country-man , set up against him . and whatever st. thomas of aquin asserted , for that reason only , he contradicted him ; so that they two became the very caesar and pompey of the schools , almost all the great masters of disputation from that time , fighting under one of their commands ; and what intelligible philosophy both parties vented about the substantial o● transubstantial presence , upon supposition of the real difference between matter and form , substance and accidents , would be both too nice and too tedious to recite ; only in general the thomists maintain the transmutation of the elements ; the scotists , the annihilation ; and they proceed to abstract so long , till they could not only separate the matter and form , and accidents of the bread from one another , but the paneity or breadishness it self from them all , and founded a new vtopian world of metaphysick and specifick entities and abstracts . thus far i have , as briefly as i can , represented the scholastick history of this argument ; in which the authority of the church is not at all concerned ; having gone no farther than to assign or appropriate a word to signifie such a thing ; but all along declaring the thing it self to be beyond the compass of a definition . i know 't is commonly said , that the council of trent hath presumed to define the modus ; and learned men ( i know not by what fatal over-sight ) take it up on trust one from another ; and the definition is generally given in these terms : that , transubstantiation is wrought by the annihilation of the substance of the bread and wine , the accidents remaining : to the which annihilation succeeds the body and blood of christ , under the accidents of bread and wine . so the bishops of durham and winchester represent it ; so mr. alix , and the writers of his church , and not only so but contrary to the sence of all other churches , they confound the real presence with transubstantiation , as this learned man hath done through his whole disputation upon it , using the very words promiscuously ( as indeed all the modern followers of calvin do ) and charging the same absurdities upon both , and imputing the first invention of the real presence to nicolas the second , and gregory the seventh , in their decrees against berengarius . but i cannot but wonder how so many learned men should with so much assurance fansie to themselves such a definition in the trent council , of the modus of transubstantiation , by the annihilation of the substance , and the permanency of the accidents , when the fathers of that council were so far from any such design , that they design'd nothing more carefully , than to avoid all scholastick definitions . the subtil disputes about the modus existendi ( as they termed it ) between the dominicans and franciscans in that council are described at large by father paolo himself in the fourth book of his history . but withal , he says , they were extreamly displeasing and offensive to the fathers , but most of all to the nuncio himself ; and therefore it was resolved in a general congregation to determine the matter in as few and general terms as possible , to offend neither party , and avoid contentions ; and when , notwithstanding this decree , they fell into new disputes , they are check'd by the famous bishop of bitunto , who was one of the chief compilers of the canons , telling them they came thither to condemn heresies , not to define scholastick niceties . and accordingly in the very first chapter of the th . session , in which this article was defined , when they determined the real presence ; they at the same time declare the existendi ratio to be ineffable ; and in the th . chapter , where transubstantiation is decreed , the canon runs thus : that , by the consecration of the bread and wine , there is a conversion of the whole substance of the bread into the substance of the body of christ , and of the whole substance of the wine into the substance of his blood , which conversion is fitly and properly called by the holy catholick church ; transubstantiation . in all which the council only appropriates the word transubstantiation to express the real presence , which it had before determined in the first chapter , not to be after a natural way of existence , as christ sits at the right hand of god , but sacramental , after an ineffable manner . tho here some peevishly object , the inconsistence of the council with it self , when it declares , that the thing is inexpressible and yet appropriates a word to express it : whereas all christendom knows that the procession of the eternal word from the father is ineffable , and yet is expressed by the word generation ; and that the vnion of the divine and humane nature is ineffable , and yet is called the hypostatical vnion ; and that the vnity in the trinity is ineffable , and yet is expressed by the word consubstantial : so that this council seems to have defin'd no more than the council of nice did in the doctrine of the blessed trinity , in expressing the unity of the three persons by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and the distinction , by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which amounted to no more than this , that as it is certain from the holy scriptures that in the unity of the god-head there is a trinity , so the holy fathers to avoid the niceties of contentious men , such as arius was , determine that for the time to come the mystery shall be expressed by the terms 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; but as for any philosophical notion of the mystery , the church never presum'd to define it , and this is the definition of the council of trent , of the real presence , that there is a conversion of the substances under the species or appearances of bread and wine , which the church hath thought convenient to express by the word transubstantiation . and yet tho the council approve the word , yet it does not impose it , it only declares it to be convenient , but no where says 't is necessary . and as for the term conversion , it is much older than the word transubstantiation , familiarly used by the ancient fathers ; and so is the word species : i know indeed it is usual with school-men and protestant writers to translate the words under species of bread and wine , by these words , under the accidents of bread and wine , as particularly the late bishops of durham and winchester have done . but this is to impose philosophick niceties upon the decrees of the church . and tho perhaps all the fathers of the council believed the reality of the new substantial presence under the old accidents , yet they had more temper and discretion than to authorise it by conciliar determination , and therefore use only the word species ( and no other word is used by nicolas ii , gregory vii , and innocent iii , that are thought the three great innovators in the argument of the real presence ) that properly signifies appearance , but nothing of physical or natural reality , so that tho the presence under the species be real , yet as the council hath defined it , it is not natural but sacramental , which sacramental real presence they express by the word transubstantiation , and recommend the propriety of the word to the acceptance of christendom . this is the short history of the real presence in the church of rome , where , as far as i can discern , the thing it self hath been owned in all ages of the church , the modus of it never defined , but in the schools , and tho they have fansied thousand definitions to themselves , their metaphysicks were never admitted into the church . and so i proceed to give an account of it , as it hath been defin'd in the protestant churches , where we shall find much the same harmony of faith and discord of philosophy as in the church of rome . and first we must begin with the famous confession of ausburg , that was drawn up by melancthon , and in the year presented to charles the fifth , by several princes of germany , as a declaration of the faith of the first reformers , and as the only true standard of the ancient protestant religion . the confesion consists of two parts . i. what doctrines themselves taught . ii. what abuses they desired to be reformed . as to the later , the emperor undertook to procure a general council . as to the former , particularly this article of the presence in the sacrament , they have published it in two several forms : in the latin edition it is worded thus : concerning the lords supper , we teach , that the body and blood of christ are there present indeed , and are distributed to the receivers at the lords supper ; and condemn those that teach otherwise . in the german edition it is worded thus : concerning the lords supper we teach , that the true body and blood of christ are truly present in the supper , under the species of bread and wine , and are there distributed and received . and in an apology written by the same hand , and published the year following , it is thus expressed : we believe , that in the supper of our lord , the body and blood of christ are really and substantially present , and are exhibited indeed with those things , that are seen , the bread and wine . this belief our divines constantly maintain , and we find , not only the church of rome hath asserted the corporeal presence , but that the greek church hath anciently , as well as at this time , asserted the same ; as appears by their canon missae . the same author explains himself more at large in his epistle to fredericus myconius . i send you ( says he ) the passages out of the ancients , concerning the lord's supper , to prove , that they held the same with us ; namely , that the body and blood of our lord are there present indeed . and after divers citations he concludes , that seeing this is the express doctrine of the scriptures , and constant tradition of the church , i cannot conceive how , by the name of the body of christ , should only be understood the sign of an absent body ; for though the word of god frequently makes use of metaphors , yet there is a great difference to be made between historical relations , and divine institutions . in the first , matters transacted among men , and visible to the sence are related ; and here we are allow'd , and often forced to speak figuratively : but if in divine precepts , or revelations , concerning the nature or the will of god , we should take the same liberty , wise men cannot but fore-see the mischiefs that would unavoidably follow . there would be no certainty of any article of faith. and he gives an instance in the precept of circumcision to abraham : that upon those terms the good patriarch might have argued with himself , that god never intended to impose a thing so seemingly absurd , as the words sound ; and that therefore the precept is to be understood only of a figurative or metaphorical circumcision ; the circumcision of our lusts. so far this learned reformer . now the authority of melancthon weighs more with us of the church of england , ( as the learned dr. st. very well observes ) that in the settlement of our reformation , there was no such regard had to luther or calvin , as to erasmus and melancthon , whose learning and moderation were in greater esteem here , than the fiery spirits of the other ; and yet few writers have asserted the substantial and corporeal presence in higher terms than this moderate reformer ; and though he may sometimes have varied in forms of speech , he continued constant and immovable in the substance of the same doctrine . for in the confession of the saxon churches ( at the compiling of which he was chief assistant ) drawn up in the year , to have been presented to the council of trent ; a true and substantial presence is asserted , during the time of ministration . we teach ( say they ) that sacraments are divine institutions ; and that the things themselves out of the use desing'd are no sacraments ; but in the use , christ is verily and substantially present ; and the body and blood of christ are indeed taken by the receivers . there seems to have been one singular notion in this confession , that the real and substantial presence lasts no longer than the ministration ; but that is nothing to our argument , as long as a substantial presence is asserted . in the year an assembly of the divines of the ausburg confession on one side , and the divines of vpper germany on the other , conven'd at wirtemberg , by the procurement and mediation of bucer , who undertook to moderate between both parties ; where they agreed in this form of confession . we believe according to the words of irenaeus , that the eucharist consists of two things , one earthly the other heavenly ; and therefore believe and teach , that the body and blood of christ are truly and substantially exhibited and received with the bread and wine . this is subscribed by the chief divines of both parties , and approved by the helvetian ministers themselves . the bohemian waldenses in their confession of faith presented to ferdinand , king of the romans and bohemia , declare expressly , that the bread and wine , are the very body and blood of christ ; and that christ is in the sacrament with his natural body , but by another way of existence than at the right-hand of god. in the greek form of consecration , this prayer was used : make this bread the precious body of thy christ ; and that which is in this cup , the precious blood of thy christ , changing them by thy holy spirit ; which words are taken out of the liturgies of st. chrysostom and st. basil. and ieremias the learned patriarch of constantinople , in his declaration of the faith of the greek church in answer to the lutheran divines , affirms that the catholick church believes , that after the consecration the bread is changed into the very body of christ , and the wine into the very blood , by the holy spirit . in the year . was held a council in poland of the divines of the ausburg , the helvetian , and the bohemian confessions , in which they agreed in this declaration . as to that unhappy controversie of the supper of our lord , we agree in the sence of the words , as they are rightly understood by the fathers , particularly by irenaeus , who affirms that the mystery consists of two things , one earthly , and another heavenly . neither do we affirm , that the elements and signs are meer naked and empty things signified to believers . but to speak more clearly and distinctly , we agree that we believe and confess the substantial presence of christ is not only signified to believers , but is really held forth , distributed and exhibited , the symbols being joined with the thing it self , and not meerly naked , according to the nature of sacraments . this confession was confirmed at several times , by several following synods in the same kingdom , at cracow . at peterkaw . at walhoff . the first man that opposed the real and substantial presence was carolostadius , archdeacon of wirtenberg , of whom the candid and ingenious melancthon gives this character : that he was a furious man , void both of wit , learning , and common sence , not capable of any act of civility or good manners ; so far from any appearances of piety , that there are most manifest footsteps of his wickedness . he condemns all the civil laws of the heathen nations , as unlawful , and would now have all nations governed by the judicial law of moses , and embrac'd the whole doctrine of the anabaptists . he sets up the controversie about the sacraments against luther , meerly out of envy and emulation , not out of any sence of religion , and much more to the same purpose : the truth of all which ( he says ) a great part of germany both can and will attest . tho the greatest proof of his levity is his own writing , when all that disorder and schism that he made in the church , of which he profess'd himself a member , was founded upon no better bottom than this slender nicety , that when our saviour said this is my body , he pointed not to the bread but to himself . but in this he is vehemently opposed by his master luther , in behalf of a true corporeal presence , especially in his book contra coelestes prophetas seu fanaticos ; wherein he lays down this assertion , that by the demonstrative pronoun hoc , christ is declared to be truly and carnally present with his body in the supper , and that the communication of the body of christ , of which st. paul speaks , is to eat the body of christ in the bread , neither is that communication spiritual only but corporeal , as it is in the personal vnion of christ : so we are to conceive of the sacrament , in which the bread and the body make up one thing , and after an incomprehensible manner , which no reason can fathom , become one essence or mass , from whence , as man becomes god , so the bread becomes the body . and in a sermon preached by him the same year at wirtemberg , against the sacramentarian hereticks , as he calls them : the devil opposes us by his fanatick emissaries in the blaspheming the supper of our lord , that dream the bread and wine are there only given as a sign or symbol of our christian profession , nor will allow that the body and blood of christ are there present themselves , tho the words are express and perspicuous : take , eat , this is my body . in this controversie he was engaged all his life , against carolostadius , and other apostates from the ausburg confession , giving them no better titles than of fanaticks , hereticks , betrayers of christ , blasphemers of the holy ghost , and seducers of the world. and in his last book against the divines of lovain in the year , the year before his death , he makes this solemn declaration . we seriously believe the zuinglians , and all sacramentarians , that deny the body and blood of christ to be received ore carnali , in the blessed sacrament , to be hereticks , and no members of the church of christ : so that hitherto it is evident , that the whole body of the true old protestants , both in their publick confessions and private writings , unanimously asserted the corporeal and substantial presence , as they use the words promiscuously . as for the calvinian churches , grotius hath observed very truly , that the calvinists express themselves in a quite different language , in their confessions , from what they do in their disputations , where they declare themselves more frankly . in their confessions they tell you , that the body and blood of christ , are taken really , substantially , essentially ; but when you come to discourse'em closer , the whole business is spiritual , without substance , only with a signifying mystery ; and all the reality is turned into a receiving by faith ; which , says he , is a perfect contradiction to the doctrine of the whole catholick church . so they declare in the conference at presburg with the lutherans , that in the sacrament , christ indeed gives the substance of his body and blood by the working of the holy ghost . and when luther signify'd to bucer , his jealously of the divines of strasburgh and bazil , as if they believed nothing to be present in the sacrament , but the bread and wine . bucer returns this answer , in the name , and with the consent of all his brethren ; this is their faith and doctrine concerning the sacrament , that in it , by the institution and power of our ▪ lord , his true body and his true blood are indeed exhibited , given and taken , together with the visible signs of bread and wine ( as his own words declare . ) this is the doctrine not only of zuinglius , and oecolampadius , but the divines of upper germany have declared the same , in their publick confessions and writings . so that the difference is rather about the manner of the absence and presence , than about the presence or absence themselves . and the reformed french church in the year . declare themselves much after the same manner , to a synod of reform'd german divines , held at wormes . we confess that in the supper of our lord , not only all the benefits of christ , but the very substance of the son of man , the very flesh , and the very blood that he shed for us , to be there not meerly signify'd , or symbolically , typically , or figuratively , as a memorial of a thing absent , but truly held forth , exhibited and offered to be received , together with the symbols , that are by no means to be thought naked , which by virtue of god's promise , always have the thing it self truly and certainly conjoin'd with them , whether they are given to the good or to the bad . but what need of more witnesses , when calvin himself , the very vrim and thummim of the calvinian churches , declares his sence in these express words . i affirm that christ is indeed given by the symbols of bread and wine , and by consequence his body and blood , in which he fulfilled all righteousness for our iustification , and as by that , we were ingrafted into his body , so by this are we made partakers of his substance , by virtue of it we feel the communication of all good things to our selves . but as to the modus , if any man inquire of me , i am not ashamed to confess that the mystery is too sublime for my wit to comprehend , or to express ; and to speak freely , i rather feel than understand it , and therefore here without controversie i embrace the truth of god , in which i am sure i may safely acquisce . he affirms that his flesh is the food of my soul , and his blood the drink . it is to these aliments that i offer my soul to be nourished . he commands me in his holy supper , under the symbols of bread and wine to take , eat , and drink , his body and blood , and therefore i doubt not but he gives it . here , besides the express words themselves , if there be so much mystery in the thing as he affirms , there is much more than meer figure . and in another passage he thus expresses himself . that god doth not trifle in vain signs , but does in good earnest perform what is represented by the symbols , viz. the communication of his body and blood , and that the figure conjoined with the reality , is represented by the bread , and the body of christ is offered and exhibited with it , the true substance is given us , the reality conjoined with the sign , so that we are made partakers of the substance of the body and blood. this is express enough . but yet in his book de coena domini , he declares his sence much more fully . if notwithstanding ( saith he ) it be enquired whether the bread be the body , and the wine the blood of christ ; i answer , that the bread and wine are the visible signs that represent the body and blood , and that the name of the body and blood is given to them , because they are the instruments by which our lord iesus christ is given to us . this form of speech is very agreeable to the thing it self , for seeing the communion that we have in the body of christ is not to be seen with our eyes , nor comprehended by our vnderstandings , yet 't is there manifestly exposed to our eye-sight ; of which we have a very proper example in the same case : when it pleased god that the holy ghost should appear at the baptism of christ he was pleased to represent it under the appearance of a dove ; and john the baptist , giving an account of the transaction , only relates that he saw the holy ghost descending ; so that if we consider rightly we shall find that he saw nothing but the dove , for the essence of the holy ghost is invisible : but he knowing the vision not to be a vain apparition , but a certain sign of the presence of the holy ghost represented to him in that manner , that he was able to bear the representation . the same thing is to be said in the communion of our saviour's body and blood , that it is a spiritual mystery , neither to be beheld with eyes , nor comprehended with humane understanding , and therefore is represented by figures and sings , that ( as the weakness of our nature requires ) fall under our senses , so as 't is not a bare and simple figure , but conjoin'd with its reality and substance : therefore the bread is properly called the body , when it doth not only represent it , but also brings it to us . and therefore we will readily grant , that the name of the body of christ may be transferr'd to the bread , because it is the sacrament and emblem of it ; but then we must add , that the sacrament is by no means to be separated from the substance and reality . and that they might not be confounded , it is not only convenient , but altogether necessary , to distinguish between them , but intolerably absurd to divide one from the other . wherefore when we see the visible sign what it represents , we ought to reflect from whom it is given us , for the bread is given as a representation of the body of christ , and we are commanded to eat it . it is given , i say , by god , who is infallible truth , and then if god cannot deceive nor lye , it follows that he in reality gives whatever is there represented : and therefore it is necessary that we really receive the body and blood of christ , seeing the communion of both is represented to us . for to what purpose should he command us to eat the bread and drink the wine , as signifying his body and blood , if without some spiritual reality we only received the bread and wine ? would he not vainly and absurdly have instituted this mystery , and as we frenchmen say , by false representations ? therefore we must acknowledge that if god gives us a true representation in the supper , that the invisible substance of the sacrament is joined with the visible signs , and as the bread is distributed by hand , so the body of christ is communicated to us to be partakers of it . this certainly , if there were nothing else , ought abundantly to satisfy us , when by it we understand , that in the supper of our lord , christ gives us the true and proper substance of his body and blood. thus far calvin : and i think it is as high a declaration of the real and substantial presence , as i have met with in any author whatsoever . and if in any other passages the great dictator may have been pleased to contradict himself , that is , the old dictatorian prerogative of that sect , as well as the old romans , that whatever decrees they made , however inconsistent , they were always authentick . neither doth beza at all fall short of his adored master in the point of substantial presence : in his book against westfalus a sacramentarian , de coena domini . he declares freely that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or grammatical sence of our saviour's words , this is my body , cannot be preserved without transubstantiation , and that there is no medium between transubstantiantion and a meer figure : and yet the whole design of the book is to prove the real presence in the sacrament , in opposition to the figurative . and in the year , the protestant churches of france held a synod at rochel , and the year following at nimes , in both which beza sat as president , where the substantial presence was maintain'd , and defin'd with great vehemence against the innovators ( as they were then esteemed ; ) for when morellus mov'd to have the word substance taken out of their confession of faith , beza and the synod , not without some indignation , decree against them . this decree beza declares in his epistle to the ministers of zurick , dated may the th . , to extend to the protestants of france only , least they who were zuinglians should take offence at it as a censure particularly designed against themselves . but the highest declaration of the french protestants is that sent by their embassadors to the german divines assembled at wormes anno . in which business beza was chief manager . we confess , say they , that in the supper of our lord , not only all the benefits of christ , but the very substance of the son of man , the very real flesh , the very blood that he shed for us , not only to be signified or symbolically , typically , or figuratively to be proposed as the memorial of a thing absent , but to be truly represented , exhibited and offered to be received ; the symbols by no means to be thought naked , being annexed , which because of the promise and engagement of god , always have the thing it self truly and certainly conjoin'd , whether given to the good or to the bad. but these civilities and condescentions were made in their low ebbs of fortune : for whenever they could flatter themselves with any advantage of interest , no accommodations would serve their turn . thus at the famous conference at poissy , before charles the ninth , anno , where they supposed themselves warm , and powerful enough , by the favour of the queen-mother ( who supported them for her own ends of state ) and some great ministers of state , who ( by the way ) soon after proved rebels , i mean coligny and his faction ; beza , who was the chief manager in behalf of the protestants , runs high in his demands . as to the eucharist , says he , the body of christ is as far distant from it , as the highest heaven from the earth : for our selves and the sacraments are upon the earth , but christ's flesh is in heaven so glorified , that it hath not lost the nature , but the infirmity of a body . so that we are partakers of his body and blood only after a spiritual way , or by faith. this boldness highly offended the queen ; and therefore he afterwards endeavoured to excuse himself by palliations and softning expressions , but after all , to avoid farther equivocation , he is hardly pressed to it by the cardinal of lorrain , whether they would stand to the confession of ausburg . beza demurs and consults calvin ; calvin defies it , and commands him to protest against it . upon which occasion osiander , a plain protestant , in his history makes this remark upon the calvinian honesty . heretofore ( says he ) when peace was granted to the protestants in germany , the calvinists put in their claim to their share in it , because they own'd the ausburg confession ( and it was subscrib'd by calvin himself ) notwithstanding that at the same time they held contradictory opinions . but in the conference at poissy , when they presumed that they had strength and force enough to defend their own doctrines , they openly rejected the ausburg confession , when it was offered them by the cardinal of lorrain , to subscribe as the only article of pacification . and yet after this , when they had not obtained their ends , they again in affront to their own consciences , cry up the ausburg confession as their only standard of faith , not that they approved it , but under that false guise to impose calvinism upon the plain meaning lutherans . so far the historian , though the matter of fact is its own best proof . this is the short account of this controversie in all foreign churches . all parties of christendom agree in the substance of the doctrine , even the calvinists themselves , who , tho they sometimes attempted to deny it , had not confidence enought to be steady to their own opinion , but were often forced to submit it to the consent of christendom . from all these premises it is evident , that no one thing in the world is more unfit to be set up for a test than transubstantiation , seeing all parties agree in the thing , tho not in the word , and yet tho they do , they again disagree in numberless speculations about it , and when they have done , all parties unanimously agree that the modus is a thing utterly unknown and incomprehensible . so that take it one way ( i. e. ) as to the thing it self , or the real presence , the test is a defiance to all christendom ; take it the other way , as to the modus , it is nothing at all but only imposing an unintelligible thing upon the wisdom and honour of a nation under the severest penalties . as for the church of england , she agrees with the tradition of the catholick church both roman and reformed , in asserting the certainty of the real presence , and the vncertainty of the manner of it ; tho the true account of it hath been miserably perplexed , and disturbed by the oblique practices of the sacramentarians . the first account we have of it is in our celebrated church-historian out of dr. stillingfleet's famous invisible manuscript , whereby as he had before made archibishop cranmer a meer erastian as to discipline , so now here he makes him a meer sacramentarian as to doctrine . a committee of selected bishops and divines being appointed in the first year of king edward , for examining and reforming the offices of the church . the first , because most material point , was the eucharist , concerning which all things were put into certain quaeries , to which every commissioner gave in his answer in writing . and to the question concerning the eucharist , what is the oblation and sacrifice of christ in the mass ? cranmer's answer is , the oblation and sacrifice of christ in the mass is not so called , because christ indeed is there offered and sacrificed by the priest and the people , ( for that was done but once by himself upon the cross ) but it so call'd , because it is a memory and representation of that very true sacrifice and immolation , which before was made upon the cross. this is pure zuinglianism , and in opposition to it , it is asserted by six bishops in a body . i think it is the presentation of the very body and blood of christ , being really present in the sacrament , which presentation the priest makes at the mass in the name of the church , unto god the father , and in memory of christ's passion , and death upon the cross , with thanksgiving therefore , and devout prayer , that all christian people , and namely they who spiritually join with the priest in the said oblation , and of whom he makes special remembrance , may attain the benefit of the said passion . and to these agree the several answers of carlisle , and coventry , and litchfield , by which ( as the historian well observes ) the reader will perceive how generally the bishops were addicted to the old superstition , and how few did agree in all things with cranmer . now this old superstition that he finds in this passage , is nothing but the true old protestant doctrine of the real presence , in opposition to meer figure and representation , which is all that is here asserted by the bishops . but this is the bold practice of this bold writer , to make cranmer the standard of the reformation ; and this unknown manuscript the standard of cranmer's opinions ; and these two grand forgeries concerning no church government ; and the meer commemorative presence in the eucharist , are the two grand singularities of his history ; and the main things that gave it popular vogue and reputation with his party ; and were these two blind stories , and the reasons depending upon them retrench'd , it would be like the shaving of samson's hair , and destroy all the strength peculiar to the history . the design was apparently laid before the work was undertaken , that industriously warps all things into irenical and erastian principles , and the vain man seems to have been flattered by his patrons into all that pains to give reputation to their errors . and here lay the fondness for the stillingsteetian manuscript , that it so frankly and openly asserted erastian and sacramentarian principles as the bottom of the reformation . but if such an unprov'd and unwarrantable piece of paper , without any certain conveyance or tradition , without any notice of so publick a transaction in any contemporary writer , without any other evidence of its being genuine , than that it was put providentially into the hands of dr. st. when he wrote his irenicum , must be set up for undoubted record , against all the records of the churches , our great historian would be well advis'd to employ his pains in writing lampoons upon the present princes of christendom ( especially his own ) which he delights in most , because it is the worst thing that himself can do , than collecting the records of former times . for the first will require time and postage to pursue his malice , but the second is easily trac'd in the chimney corner . and therefore i would desire these gentlemen either to give a better account of the descent and genealogy of the paper , than that it came to dr. st. by miracle ; or else to give it less authority . but to proceed , a new office for the communion-service was drawn up in the same year by the bishops , in compiling of which cranmer had the chief hand , and by his great power over-ruled the rest at pleasure ; in this service he retains the old form of words used in the ancient missals , when there was no zuinglianism or doctrine of figurative presence in the christian world , and the real presence was universally believed as appears by the very words of distribution . the body of our lord iesus christ which was given for thée , preserve thy body and soul unto everlasting life . and the blood of our lord iesus christ which was shed for thée , &c. this was the form prescribed in the first liturgy of edward the th . and agreeable to this are the king 's own injunctions published at the same time , where the eucharist is call'd the communion of the very body and blood of christ , by which form of words they then expressed the real presence as oppos'd to zuinglianism . this liturgy being thus established , and withal abetted by act of parliament , for some time kept up its authority in the church against all opposition ; though it was soon encountred with enemies enough both at home and abroad out of the calvinian quarters . at the end of the year ensuing peter martyr , a rank sacramentarian , came over , and after much conversation with cranmer , he was plac'd regius professor in oxford , where he soon raised tumults about the zuinglian and sacramentarian doctrines . but bucer , that prudent and moderate reformer , came not till some time after , though invited at the same time : and so either came too late or departed too soon ; for as he came over in iune so he dy'd in ianuary , so that tho he were a great assertor of the real presence ( as our church-historian himself often observes ) he had not a season to sow his doctrine , and martyr reigning alone , and being a furious bigott in his principles , it is no wonder if zuinglianism spread with so much authority . but the most fatal blow to the reformation of the church of england was given by calvin's correspondence with the protector , and afterwards with dudley , taking upon him to censure , expunge , reform , impose , at his own pleasure ; the malignity of whose influence first discovered it self in the ceremonial war against a cap and a tippet , but soon wrought into the vitals of the reformation , especially , as to the liturgy and the eucharist ; both which must be removed to give way to the zuinglian errors . this alteration was made in the th . year of the kings reign , tho precisely when , and by what persons , is utterly unknown , only it is remark'd by our church-historian to have followed immediately after the consecration of hooper . when ( as he observes ) the bishops being generally addicted to the purity of religion , spent most of this year in preparing articles which should contain the doctrine of the church of england . among which the th . condemns the real presence , as the new liturgy , to which they are annexed , had before almost run it up to the charge of idolatry . for they were not content to abolish the old missal form of distribution . the body of our lord iesus christ which was given for thee , preserve thy body and soul unto everlasting life . take and eat this , &c. but instead of it appoint this zuinglian form , take and eat this ( without any mention of the body and blood of christ ) in remembrance that christ died for thée . &c. neither were these innovators ( whoever they were ) satisfied with the alteration of the old form ; but add a fierce declaration to bar the doctrine of real and essential presence . whereas it is ordered in this office of the administration of the lord's supper , that the communicants should receive the same kneeling ( which order is well meant for a signification of our humble and grateful acknowledgment of the benefits of christ therein , given to all worthy receivers , and for avoiding such prophanation and disorder in the holy communion , as might otherwise ensue . ) yet least the same kneeling should by any persons , either out of ignorance and infirmity , or out of malice and obstinacy be misconstrued and deprav'd , it is here declared that no adoration is intended , or ought to be done unto any real or essential presence of christ's natural flesh and blood , for the sacramental bread and wine remain still in their very natural substances , and therefore may not be ador'd , ( for that were idolatry to be abhorr'd by all faithful christians ) and the natural body and blood of our saviour christ are in heaven , and not here . it being against the truth of christ's natural body , to be at one time in more places than one . and whereas a body of articles was composed at the same time , it is declared in the th . article , that since the very being of humane nature doth require , that the body of one and the same man , cannot be at one and the same time in many places , but of necessity must be in some certain and determinate place ; therefore the body of christ cannot be present in many different places at the same time . and since as the holy scriptures testifie christ hath been taken up into heaven , and there is to abide till the end of the world , it becomes not any of the faithful to believe or profess , that there is a real or corporeal presence ( as they phrase it ) of the body and blood of christ in the holy eucharist . this declaration , though it seem'd to be aim'd with a particular malice against the lutherans , and their peculiar manner of asserting and explaining the real presence , yet it strikes at the general doctrine it self , held in all churches . and as these were the great alterations made at that time ; so who were the authors and contrivers of 'em is so utterly unknown to historians , that they are not so much as able to conjecture . doctor heylin would ascribe it either to the convocation it self , or some committee appointed by it . but this is the officious kindness of the good man to help out the poor oppressed church at that time , at a dead lift , having no record or authority for his assertion . doctor burnet has often heard it said , that the articles were fram'd by cranmer and ridley . but whoever told him so , knew no more than himself ; i am sure it is the meanest trade in an historian to stoop to hear-says . all that can be conjectured of it , is , that it was done at that unhappy time when dudley governed all , who when he form'd his great and ambitious designs , first ( as the historian remarks ) endeavoured to make himself popular ; and to this end , among other arts , he made himself head and patron of the calvinian faction , and entertain'd the establish'd church with neglect and contempt ; and therefore i find not ecclesiastical matters referr'd to the advice of the regular ecclesiastical order , but were either transacted by himself , and his agents in private , or some incompetent lay-authority . as to this matter of the new liturgy and articles , there is no record but an act of parliament , by which they are impos'd and authoriz'd . whereas there hath been a very godly order set forth by the authority of parliament for common-prayer , and administration of the holy sacraments , to be used in the mother tongue within this church of england , agreeable to the word of god , and the primitive church , very comfortable to all good people , desiring to live in christian conversation , and most profitable to the estate of this realm ; upon the which , the mercy , favour , and blessing of almighty god is in no wise so readily and plenteously pour'd , as by common-prayers , due using of the sacraments , and often preaching of the gospel with the devotion of the hearers ; and yet this notwithstanding a great number of people in divers parts of this realm , following their own sensuality , and living either without knowledge , or due fear of god , do willfully and damnation before almighty god , abstain and refuse to come to their parish churches , and other places where common-prayer , and administration of the sacraments , and preaching of the word of god , is used upon sundays and other days , ordain'd to be holy-days . ii. for reformation hereof be it enacted by the king our sovereign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that from and after the feast of all-saints next coming , all and every person and persons inhabiting within this realm , or any other the king's majesty's dommions , shall diligently and faithfully ( having no lawful or reasonable excuse to be absent ) endeavour themselves to resort to their parish church or chapel accustomed , or upon reasonable let thereof , to some usual place , where common-prayer , and such service of god shall be used in such time of let , upon every sunday , and other days ordained and used to be kept as holy-days , and then and there to abide orderly and soberly during the time of the common-prayer , preachings , or other service of god there to be us'd and ministred , upon pain of punishment by the censures of the church . iii. and for the due execution hereof , the king 's most excellent majesty , the lords temporal , and all the commons in this present parliament assembled , doth in god's name earnestly require and charge all archbishops , bishops , and their ordinaries , that they shall endeavour themselves to the uttermost of their knowledges , that the due and true execution thereof may be had throughout their diocesses and charges , as they will answer before god for such evils and plagues , wherewith almighty god may justly punish his people , for neglecting this good and wholesom law. iv. and for their authority in this behalf , be it further likewise enacted by the authority aforesaid , that all and singular the same archbishops , bishops , and all other their officers , exercising ecclesiastical iurisdiction , as well in place exempt , as not exempt , within their diocesses , shall have full power and authority by this act , to reform , correct , and punish by censures of the church all and singular persons which shall offend within any their iurisdictions or diocesses , after the said feast of all-saints next coming , against this act and statute ; any other law , statute , privilege , liberty , or provision heretofore made , had , or suffered to the contrary notwithstanding . v. and because there is risen in the use and exercise of the aforesaid common service in the church , heretofore set forth , divers doubts for the fashion or manner of the ministration of the same , rather by the curiosity of the minister and mistakers , than of any other worthy cause ; therefore , as well for the more plain and manifest explanation thereof , as for the more perfection of the said order or common service , in some places , where it is necessary to make the same prayer and fashion of service , more earnest and fit to stir christian people to the true honouring of almighty god , the king 's most excellent majesty , with the assent of the lords and commons of this present parliament assembled , and by the authority of the same , hath caused the aforesaid order , or common service , intituled , the book of common-prayer , to be faithfully and godly perused , explained , and made fully perfect , and by the aforesaid authority hath annexed and joined it , so explained and perfected , to this present statute , &c. in this new office , beside the forementioned alterations in the liturgy it self , there was order'd in the rubrick , the abolition of copes and hoods ; neither is it altogether unobservable , that at this time hopkins his psalms broke in upon the service of the church . but in the beginning of queen elizabeth's reign , when the reformation was setled in that state , in which it ever after continued , that new declaration of the second liturgy of king edward was rejected , together with the th . article , and the first old form of distribution was restored . and that 's a clear declaration of the sence of this church for a real and essential presence , when it was so particularly concern'd to have all bars against it remov'd . and from that time forward , the most eminent divines in it , were successively from age to age the most assertors of it . it were in vain to recite the numberless passages to that purpose , it having been so often done by other hands . a list of the names of the principal authors may be seen in the late bishop of durham's historia transubstantiationis , iohn poinet , bishop of winchester , who wrote a very learned book upon the argument , entituled diallacticon , to explain the sence of the church of england about it ; iohn iewel , bishop of salisbury , the learned bishops andrews and bilson , isaac casaubon in the name and by the command of king iames the first , in his answer to cardinal perron ; mr. hooker ; iohn , bishop of rochester ; montague , bishop of norwich ; iames , primate of armagh ; francis , bishop of ely ; archbishop laud ; bishop overal , and the archbishop of spalato . to this catalogue variety of other writers might be added , but either here are witnesses enough , or there never can be . neither need i produce their testimonies , when they are so vugarly known , and have been so frequently recited . i shall content my self with the two principal , the most learned and reverend prelates poinet and andrews . the first wrote his diallacticon concerning the truth , nature and substance of the body and blood of christ in the eucharist . a book much approved and often commended by grotius , ( tho he knew not the author ) as the best discourse upon the argument , and the most proper method to restore the peace of the christian church in that point , which he further says was for that purpose translated into french by a reformed divine , by the advice of his brethren . i have not the book by me , but the design and fundamental assertion is to prove ( as dr. cosins recites it ) that the eucharist is not only a figure of the body of our lord , but contains in it the verity , nature and substance ; and therefore that these terms ought not to be exploded , because the ancients generally used them in their discourses upon this argument . but bishop andrews his passage , though grown vulgar and thread-bare , by being so continually quoted , best deserves our observation , because by that means it is made not only a declaration of his own sence , but of all that followed him in it , and that is of almost all the learned men of the church of england , that have succeeded from that time . the passage is in his answer to bellarmine in these words . the cardinal is not ignorant , except wilfully , that christ hath said , this is my body . now about the object we are both agreed ; all the controversy is about the modus . we firmly believe that it is the body of christ , but after what manner it is made to be so , there is not a word extant in the gospel , and therefore we reject it from being a matter of faith. we will , if you please , place it among the decrees of the schools ; but by no means among the articles of religion . what durandus said of old , we approve of . we hear the word , feel the effect , know not the manner , believe the presence . and so we believe the presence too , and that real no less than your selves : only we define nothing rashly of its modus , neither do we curiously inquire into it ; no more than how the blood of christ cleanseth us in our baptism ; no more than how in the incarnation of christ the humane nature is united to the divine . we rank it in the order of mysteries ( and indeed the whole eucharist it self is nothing but mystery ) what remains beside , ought to be consumed by fire , that is as the fathers elegantly express it , to be ador'd by faith , not examined by reason . this was his state of the controversie , that was then perus'd and approv'd of by king iames , and ever after retained by the divines of the church of england down to the rebellion and subversion of church and state , and then it was carried into banishment with its confessors . for whilst his late majesty resided at cologn , it was there commonly objected , in his own presence , by the roman divines against the church of england , that all its members were meer zuinglians and sacramentarians , that believed only an imaginary presence . upon this dr. cosins , who was then dean of the chapel royal , by his majesties command writes a discourse to vindicate the church of england from that calumny , and to give an account of its sence concerning the true and real presence ; in which he declares himself to the same purpose with all the forementioned authors , all along vehemently asserting the true reality of the presence , and still declaring the modus to be ineffable , unsearchable , above our senses , and above our reason . so that still all parties are agreed in the thing it self , were it not for that one mistaken supposition , that the church of rome hath not only defin'd the matter , but the manner , which she is so far from pretending to attempt , that before she proceeded to decree any thing about it , she declar'd that it was so incomprehensible , that it was not capable of being defin'd , as we see all christendom hath done beside . now after all this i leave it to the common sence and ingenuity of mankind , whether any thing can be more barbarous and profane than to make the renouncing of a mystery , so unanimously receiv'd , a state test . and that is my present concernment about it , not as a point of divinity , but as turned into a point of state. thus far proceeded the old church of england , which as it was banished , so it was restored with the crown . but by reason of the long interval of twenty years between the rebellion and restitution , there arose a new generation of divines that knew not joseph . these men underhand deserted and undermined the old church , as it stood upon divine right , and catholick principles , and instead of it crected a new church of their own contrivance , consisting partly of independency , partly of erastianism , with the independent , leaving no standing authority in the christian church over private christians , but leaving every man to the arbitrary choice of his own communion ; with erastus allowing no jurisdiction to the christian church , but what is derived from the civil magistrate . these principles being pleasing to the wantonness of the people , these men soon grew popular , and soon had the confidence to call themselves the church of england : but the principal object of their zeal was the destruction of popery , and the only measure of truth , with them , was opposition to the church of rome . and therefore they assum'd to themselves the management of that great and glorious war. and as they managed it upon new principles , or indeed , none at all ( never writing for our church , but only against that church ) so they advanced new arguments to represent the church of rome as odious as possible , to the people . among these the two most frightful topicks , were transubstantiation and idolatry . one was a very hard word , and the other a very ugly one . these two words , they made the two great kettle-drums to the protestant guards . they were continually beating upon them with all their force , and whenever they found themselves at any disadvantage with an enemy ( as they often were by pressing too far , for they never thought they did enough in the cause ) by making a noise upon these two loud engines , they could at pleasure drown the dispute . now , ever since this alteration of the state of the war between the two churches , we hear little or nothing at all of the real presence in the cause , but it is become as great a stranger to the ( i.e. their ) church of england as transubstantiation it self , but the whole matter is resolved into a meer sacramental figure and representation , and a participation only of the benefits of the body and blood of christ by faith. i know not any one writer of that party of men that hath ever own'd any higher mystery , but on the contrary they state all the disputes about the eucharist upon sacramentarian principles , and with them to assert the true reality of the presence of our saviour's body and blood in the sacrament , as naturally resolves it self into transubstantiation , as that does into idolatry . and the main argument insisted upon by them , is the natural impossibility of the thing it self to the divine omnipotence , which beside the prophane boldness of prescribing measures to god's attributes in a mystery that they do not comprehend ; 't is , as appears by the premises , a defiance to the practice of all churches , who have ever acknowledged an incomprehensible mystery , not subject to the examination of humane reason , but to be imbraced purely upon the authority of a divine revelation . and therefore that ought to be the only matter of dispute . for if it be a divine revelation ( as all christendom hath hitherto believed ) that determines the case without any further enquiry ; and if any man will not be satisfied with that authority , he makes very bold with his maker . and men of those principles would no doubt , make admirable work with the definitions of articles of faith by the four first general councils . but to let their new way of arguing pass , it is these men that first set up sacramentarian principles in this church , and then blew them into the parliament house , raising there , every session , continual tumults about religion , and it is to their caballing with the members that we owe these new and unpresidented tests . perhaps to have their own decrees and writings established by law , and imposed upon the whole nation as gospel . in short , if they own a real presence , we see from the premises how little the controversie is between that and transubstantiation , as it is truly and ingeniously understood by all reformed churches . if they do not , they disown the doctrine both of the church of england and the church catholick , and then if they own only a figurative presence ▪ ( and it is plain they own no other ) they stand condemned of heresie by almost all churches in the christian world ; and if this be the thing intended to be set up ( as it certainly is by the authors and contrivers of it ) by renouncing transubstantiation , then the result and bottom of the law is under this pretence to bring a new heresy by law into the church of england . and yet upon this foot i find the controversie stands at this present day between the bishop of rome , or the bishop of condom on one part , and little iulian in the back-shop with his dragoons on the other part : the bishop establishes the real presence in opposition to the figurative ; his answerer turns the whole mystery into meer type and figure , by seting up a figurative interpretation of the words of institution , and yet confesses it at the same time to be somewhat more than a figure . to this it is reply'd , i would gladly know what that is , which is not the thing it self , but yet is more than a meer figure of it : to this it is answered , that the presence is spiritual , but yet real ; but how a corporeal substance should have a real spiritual presence , is a thing that requires more philosophy to clear it up than transubstantiation , or in the words of the author himself : we suppose it to be a plain contradiction that body should have any existence , but what alone is proper to a body that is corporeal . this is their last resolution of this controversie , that a true real presence is a contradiction ; and so i think is a real spiritual presence of a bodily substance . this scent the whole chace follows , and unanimously agree in this cry , that there is no presence , but either meerly figurative , and that shuts out all reality , and is universally condemned by all the reformation ; or meerly spiritual , ( i.e. ) the present effects and benefits of the absent body and blood of christ , which hath been all along equally cashiered by all other reformed churches , as the other grand scandal of zuinglianism . thus the london answerer to the oxford discourses : there can be no real presence , but either figuratively in the elements , or spiritually in the souls of those who worthily receive them . so dr. st. all which the doctrine of our church implies by this phrase , is only a real presence of christ's invisible power and grace , so in and with the elements , as by the faithful receiving of them to convey real and spiritual effects to the souls of men. the oxford answerer to the oxford discourses allows no other real presence but the virtual presence , that is the meer effect . so the popular author of the discourse against transubstantiation , makes no medium between the meer figurative presence and transubstantiation , so that all other presence , that is not meerly figurative , comes under the notion of transubstantiation . now the gentlest character he is pleased to give of this monsieur , is this , that the business of transubstantiation is not a controversie of scripture against scripture , or of reason against reason , but of downright impudence against the plain meaning of the scripture , and all the sence and reason of all mankind . but besides the intolerable rudeness of the charge against all the learned men of the church of rome , as the worst of sots and ideots , if there be no middle real presence between transubstantiation and the figure , he hath cast all the protestant churches into the same condemnation of sots and fools . but howsoever rash and preposterous it may be for presons that believe the real presence to abjure the word transubstantiation , ye to determine any part of divine worship in the christian church to be in its own nature idolatry , is inhumane and barbarous . idolatry is a stabbing and cut-throat word , its least punishment is the greatest that can be , both death and damnation ; and good reason too , when the crime is no less than renouncing the true god that made heaven and earth . thus exod. . . he that sacrificeth unto any god , save unto the lord or iehovah only , he shall be utterly destroyed . deut. . . if thy brother the son of thy mother , or thy son , or thy daughter , or the wife of thy bosom , or thy friend which is as thine own soul , entice thee secretly , saying , let us go and serve other gods ( which thou hast not known , thou nor thy fathers ) namely of the gods of the people which are round about you , nigh unto thee , or far off from thee , from the one end of the earth unto the other : thou shalt not consent unto him , nor hearken unto him : neither shall thine eye pity him , neither shalt thou spare , neither shalt thou conceal him . but thou shalt surely kill him ; thine hand shall be first upon him to put him to death , and afterward the hand of all the people . and thou shalt stone him with stones , that he die : because he hath sought to thrust thee away from the lord thy god which brought thee out of the land of egypt , from the house of bondage . this was the crime , and this the punishment of idolatry , and the sentence was so severely executed , that for the setting up the golden calf , or symbol of the sun , that the aegyptians worship'd , as the supreme deity , as will appear in its proper place , three thousand of the ring-leaders , were put to the sword by the command of moses , exod. . . and for this reason it pleased god to destroy the canaanites from off the face of the earth , ( i.e. ) for giving divine worship to false and created deities in defiance to the eternal creator of it . so black a crime as this , that is no less than renouncing god is not lightly to be charged upon any party of christians , not only because of the foulness of the calumny , but the barbarous consequences that may follow upon it , to invite and warrant the rabble , when ever opportunity favours , to destroy the roman catholicks and their images , as the israelites were commanded to destroy the canaanites and their idols . but before so bloody an indictment be preferr'd against the greatest part of christendom , the nature of the thing ought to be very well understood . the charge is too big for a scolding word . and how inconsistent soever idolatry may be with salvation , i fear so uncharitable a calumny ( if it prove one ) can be of no less damnable consequence . it is a piece of inhumanity , that out-does the salvageness of the canibals themselves , and damns at once both body and soul. and yet after all , we have no other ground for the bold conceit , than the crude and rash assertions of some popular divines , who have no other measures of truth or zeal , but hatred to popery ; and therefore never spare for hard words against that church , and run up all objections against it into nothing less than atheism and blasphemy , of which idolatry is the greatest instance . but if they would lay aside their indecent heats , and soberly enquire into the nature and original of idolatry ; they would be as much ashamed of the ignorance of their accusations , as they ought to be of its malice . and therefore i shall set down a plain and brief account of that argument , that when we understand the easie , obvious , and natural notion of idolatry , it will for ever expose the vanity of these men's fanatique pretences . i pray god there be nothing worse at bottom , seeing it has ever been set up as the standard against monarchy . it is a subject that hath entertained the most able pens in the world , but i shall not presume or pretend to be so learned , but shall confine all my knowledge to the word of god , chiefly to the mosaick writings , for there it is fully and clearly stated , the mosaick law being enacted purely in opposition to idolatry . now nothing can be more obvious , than that the notion of it there is neither more nor less than this : the worship of the heavenly bodies , the sun , the moon , and the stars , or any other visible and corporeal deity , as the supreme god , so as to exclude all sense and apprehension of a spiritual and invisible godhead . this evidently appears both by the almighties several revelations that he made of himself to the children of israel to preserve them from it , and from the several characters and descriptions , that himself hath upon numberless occasions made of it . most learned men would trace its original from before the flood , but they follow their chase without any scent , as generally all antiquaries do , when they pursue into the first source and original of things . the iewish robbies ( that are of too late a standing to pretend to any authority in such antient matters ; for as they lived not above six ages before us , so they had no other records than what we have , the writings of moses and the prophets ) derive its original from the age of enos ; but as their conjecture is founded upon an ambiguous word , so it is contradicted by the state of the world at that time ; for by reason of the long lives of the patriarchs from the creation to the flood , it is not easie to conceive , that the memory and tradition of the late creation of the world should be worn out in so short a time , enos being adams's granchild , and living in the same age with him for some hundred years . but the plain demonstration that there was no such impiety before the flood , is , that moses , when he reckons up the causes that provok'd god to bring that judgment upon the world , makes no mention of the sin of idolatry , of which , if they had been guilty , as it is a sin of the first magnitude , so it would have held the first place in the indictment . others make cham the father of this monster , as they do of all other crimes , but for no other reason beside his ill name . others derive it from the tower of babel , which they will have to have been built for an altar to the sun , after the custom of after-times , when they worshiped him upon high towers for altars . maimonides , and his followers , find deep footsteps in the time of abraham , who was born in ur of the chaldees that is , say they , the country of the antient zabii , the founders of idolatry ; and for that reason he was commanded out of his own country to the worship of the true god. but this dream of the zabii is so modern , and so void of the authority of any antient record , that it proves it self a fond imposture . tho in abraham's time ( and that was many centuries after the flood ) we meet with the first traces of this apostacy : for that extraordinary discovery that god was pleased to make of himself as supreme lord of all things , was made to abraham in opposition to the idolatry of his own country , i.e. chaldea , who seemed to have been the first founders of it , and for that reason god commanded him to leave his country , his kindred , and his fathers house , and sojourn in the land of canaan , where the tradition of the knowledge of the true god seems to have been much better preserved . so that tho there were some decays from the true old religion , yet they were as yet very far from an universal apostacy . that the plague was then broke out in chaldea , is evident from the words of ioshua , ( . . ) your fathers dwelt on the other side the river in old time , even terah the father of abraham , and the father of nachor , and they serv'd strange gods. but when abraham came into canaan ; i find no records that the customs of his country had pass'd the river , but on the contrary evident instances of their knowledge of the true god , as creator of heaven and earth . what can be more plain than the story of melchisedeck , priest of the most high god ( a term appropriate in scripture to the supreme deity ) in his blessing abraham . blessed be abraham of the most high god , creator of heaven and earth . and when god consumed sodom and gomorrah with fire from heaven , idolatry is no where reckoned among the causes and provocations of that severe and unusual judgment ; and had it been one of their crying sins , it would have been the loudest , and so never have been omitted by the sacred historian . and when isaac was forced by famine into the country of the philistines , abimelech their king entred into a solemn and religious covenant with him of mutual defence and offence , upon this inducement , that he was the blessed of the lord , or the peculiar favourite of iehovah ; so that as long as himself and isaac were of a side , the supreme gods immediate mediate providence would be engaged in his protection . the first plain intimation we find of it in palestine is in the history of iacob , after his conversation with the shechemites , where , upon his departure from that city by god's especial command , he builds an altar at bethel to god , and commands his family to put away their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or strange gods. and from this time we read of nothing of this nature till the deliverance of the children of israel out of egypt , after they had been deteined there four hundred and thirty years , according to the hebrew , or two hundred and fifteen according to the seventy , the greatest part of which time was spent in slavery and bondage . but at , and after their deliverance , we hear of nothing else but cautions against idolatry or worship of strange gods , as if in that long tract of time and misery , they had lost the tradition of the god of their ancestors , and by long conversation with the egyptians , had taken up their masters religion together with their burdens ; and it was scarce possible to be otherwise for men in their poor condition , after so long a tract of time , than to take up the religion in publick practice . long custom and conversation naturally inures men to the manners of the country , but slavery breaks men to them : and what could be expected from miserable people , who spent all their days in carrying of clay , gathering straw , making bricks , and all offices of servility , than that they should serve their masters gods , as well as their masters themselves ? and that this was their case , is evident from the whole series of the story . the first discovery that the almighty made of himself , was to moses , in the burning bush , where he tells us , i am the god of thy fathers , the god of abraham , the god of isaac , and the god of jacob : but this seems to be a new language to moses ; for he replys , when i come unto the children of israel , and shall say unto them , the god of your fathers hath sent me unto you , and they shall say to me , what is his name ( or what god is he ) what shall i say unto them ? to this he is commanded to answer , i am that i am hath sent you ; that is , the only self existent being , that is , the only supreme deity , and god of your fathers : and for the truth and demonstration of this , he refers both him and them to the following miracles . and when moses was discouraged by the complaints of the people , because of their severe usage , the almighty gives him encouragement upon this powerful motive , i am jehovah , or i am the lord , who will deliver you with a strong hand , or stretched out arm , i.e. i am that omnipotent , self-existent being ; and that shall be the proof of it , the great miracles that i will work for your delivery . and at the time of their deliveranee he immediately institutes the passover , not only as a memorial of the thing , but as i shall prove afterwards , the strongest bar against idolatry . but as soon as they sat down at the foot of mount sinah , which was their first place of rest , god's first care was to make further provision against idolatry , where after a fearful and glorious representation of his presence , he gives the ten commandments , whereof the four first are directly levell'd against idolatry . first , he enjoyns the worship of himself , who by his almighty power had delivered them from their egyptian bondage . in the next place , he forbids them the worship of all idols , i. e. as himself describes them , the likeness , or similitude , of any thing that is in heaven above , or in the earth beneath , or in the water under the earth . a plain and indeed logical definition this , that idolatry is giving the worship of the supreme god , to any created corporeal or visible deity , or any thing that can be represented by an image , which nothing but coporeal beings can , and to suppose such a being the supreme deity , is the only true and proper idolatry . and tho there may seem to be two sorts of it : first , either to worship a material and created being as the supreme deity : or secondly , to ascribe any corporeal form or shape to the divine nature ; yet in the result , both are but one ; for to ascribe unto the supreme god any corporeal form , is the same thing as to worship a created being , for so is every corporeal substance . this is , i say , the true and only notion of idolatry : and all the strange gods mentioned in the scripture , are only some most glorious pieces of the visible creation , as i shall prove at large from undeniable testimonies . and for this reason it was , that the very angels , by whom this affair was immediately transacted , never made any appearance in any visible shape , but only in a cloud , or in a glory , to prevent the very peril of idolatry ; and therefore moses in his dying and farewel speech , reminds them over and over , that at horeb they heard the voice of god , but saw no similitude , with this application to them , lest you corrupt your selves , i. e. by believing that there can be any similitude of the supreme godhead . and as this is the literal and plain sense of the two first commandments , so it seems to be the only design of the third and fourth : for the english of the third , if it were rightly translated , runs thus ; thou shalt not give the name of the lord thy god to a vanity or idol ; and so the septuagint ▪ render it : for the word vanity and idol are synonomous in scripture , because an idol is a vain and empty thing that represents nothing ; for when it is set up as the symbol and image of a deity that is no deity , it is the image of nothing , as st. paul defines it . so that it is not the meer image it self that is the idol , but the image as representing a false god , tho it be only a symbol , and not a picture of him , as most of the heathen images were , of the sun , as the calf , and the ram. these are the vanities or representations of false gods in use , at that time , among the neighbour nations , that seem to be here properly interdicted in this commandment . as for the fourth commandment , it is the very sacrament of the worship of the true god , the creator of heaven and earth , in opposition to idolatry , or the worship of his creatures , and therefore is prescribed , as it were , as the holy day of the creation , continually to mind the iews , that the god that they worship , was the god that made the world , and all the gods that their neighbours worshiped , particularly the sun , moon , and stars , his creatures . this then being set up as the great festival , of the creator of heaven and earth , from hence it was that the precept of not worshiping of idols , and keeping the sabbath , are so frequently coupled together in scripture ; and that the breach of the sabbath is punished in the same manner as idolatry it self . but i shall treat of this more largely when i come to a review . at present i have only given a narrow prospect of the whole matter , but upon a full and open view of the mosaick history , it will appear in full and undeniable evidence , by these two considerations . first , if we consider the great propensity of the israelites to renounce the worship of the one true invisible god , and to return to their accustomed worship of idol gods. secondly , if we consider that these gods were nothing else but the heavenly bodies , and that the sun was worshiped as the supreme deity . as to the first , their continual revolts , and rebellions against that almighty god , of whose power they had had so much experience , could proceed from nothing less than the most inveterate and invincible prejudices . their whole history from their first deliverance to their last captivity , is nothing but a perpetual series of disloyalty against the god of israel , to play the harlot ( as the scripture expresses it ) or commit fornication with the idols of the gentiles . psal. . we have an acurate epitome of this whole history , the miracles that god wrought for them in egypt , in the wilderness , in the land of canaan , notwithstanding all which , as they made continual attempts of rebellion , so they at last sunk into an universal apostacy , v. . provoking him to anger with their high places , and moving him to iealousie with their graven images ; so that at length he gave them up into the hands of their enemies : and first the ten tribes were lead away captive , and not long after the tribe of iudah , as it immediately follows in the same psalm , god was wroth , and greatly abhorred israel , so that he forsook the tabernacle of shiloh , the tent which he placed among men , and delivered his strength into captivity , and his glory ( that was the symbol of his divine presence ) into the enemies hand . but to trace a few particulars . the first opportunity they could gain in the wilderness , after the miraculous deliverance out of egypt , by the absence of moses , they set up and worshiped the golden calf , a form of worship they were accustomed to in egypt : what this idol was , is variously disputed by learned men ; some will have it to have been made in imitation of the cherubin , when as yet god had made no description of them . others , and almost all the learn'd , will have it to have been the idol of apis , or serapis , or osyris , whom the egyptians worshiped by that symbol ; and that it was the same idol , is certain ; but i take it to be much more antient , for as yet we find not any footsteps of divine worship given to men and women . that folly is of a much younger date , and seems to have been brought in purely by the grecian vanity , to derive the originals of all nations from themselves , and to people heaven with their own country-men . thus they tell us , that this apis was king of the argives , natural son to king iupiter by niobe , who marrying isis , left his kingdom , and went into egypt , who teaching the barbarous people civility , and the art of dressing vines and agriculture , he was by common consent chosen their king ; and after he had reign'd with extraordinary wisdom and mercy , to the great improvement of the nation , when he dyed , they deify'd him , and worshiped him under the image of a calf or ox , all which is pure grecian fable . for egypt had been a famous nation many hundred ages , before any of the grecian deities were born : it was a flourishing kingdom in the days of abraham : i am sure they knew how to dress their vines , and plow their fields , before there was any such nation as greece , or any of its cantons known by any records : there was no news of them till the trojan war , and that is the thing objected by all writers to the greeks both before and since christianity , that their remotest antiquity is meer novelty in comparison of the egyptians , and is confest , by their own best and most antient writers ; at least in these antient times , there were no men nor women deities , gods or goddesses . but when the greeks had stollen their religion from the eastern nations , in requital they furnished them with gods of their own , and clapt the heads of one of their own country-men upon every antient idol , thereby gaining reputation of antiquity , both to their nation and religion , as if they had been as antient as the egyptian and oriental idolatry . thus they fasten this old idol of the golden calf upon king apis , whereas if there ever were any such man ( for the greeks have neither faith nor knowledge enough to be believ'd one word in any matter of antiquity , either of their own , or other nations ) he was born many ages after this idol had been famous in the world : and in that unknown interval of which there are no historical records , and therefore the whole story of him , as well as of all the other grecian gods , is nothing but fable . and much more probable it is , that the greeks were so far from bringing a god apis into egypt , that they carried the very word thence : apis being the hebrew and egyptian word to signifie a calf , or a bullock , and so it is rendred by the septuagint . ieremiah . . in the prophetick burthen against egypt , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . why did your apis fly , or that your beloved calf desert you , because the lord did drive him ? tho we render it in the english translation , why are thy valiant men swept away ? so that the calf can be nothing else than an old egyptian idol , or symbol of some deity , that they had been accustomed to worship . and therefore thinking themselves betray'd or deserted by moses after forty days absence , ( as for this moses , the man that brought us up out of the land of egypt , we wot not what is become of him ) they force aaron to restore to them the symbols of their old gods to go before them , instead of this new god , that now seem'd to have deserted them , and to those they ascribe their deliverance out of egypt ; and this is the first chearful act of devotion , that they seem to have perform'd since their deliverance . for as for all their worship of the true god , especially at the delivery of the law , it seems to be forc'd and uneasie , to which they were rather over-aw'd by dreadful appearances , than inclin'd by their own choice . and the solemn sacrifice that was made immediately after , was the act of moses , rather than the people , who rather seem'd spectators , than actors ; and therefore as soon as they thought themselves quit of him ( which was immediately after ) they set up their idol , and were transported in their devotions towards it , to a degree of madness they rose up early in the morning , and offered burnt-offerings , and brought peace-offerings , and the people sat down to eat and drink , and rose up to play . this solemnity had been endear'd to them by custom and education , and there could be no other ground of their great joy , than that they were restored to the exercise of their former religion , and the worship of their old gods , of which the calf was one of the most eminent symbols , so that when they say that was the god that deliver'd them out of egypt , their meaning is , the god of which that was the symbol or representation , according to the language of those times , and indeed of the whole old testament , to give the name of the deity to the idol . now at that time we find no other mention of any other deities , than the sun and heavenly bodies ; so that this calf could be the symbol of no other gods than the sun , and therefore was ever reckoned among their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , their holy animals , as the egyptian priest and antiquary manetho informs us , of which aries and taurus were the chiefest , and both of them consecrated in honour of the sun , being the two first signs in the heavens ; but the festival of aries was the most solemn , when the sun entring into that sign , began the joyful new year . in opposition to which the israelites were commanded to cut the throat of the paschal ram upon that very day , with all the ceremonies of contempt , as shall appear more afterward . this invincible obstinacy in their old religion , notwithstanding the mighty works god had wrought for their deliverance , is severely upbraided to them long after by god himself to his prophet amos , have ye offered unto me sacrifices and offerings in the wilderness forty years , o house of israel ? but ye have born the tabernacle of your moloch , and the star of your god remphan , and their images which ye made to your selves . this is a plain description of their great averseness to the worship of the true god in the wilderness , when god declares , that in reality they never worshiped him at all , but stuck close to their old god moloch , which is but a synonymous word for the god baal , i. e. the sun , and therefore they are promiscuously us'd in scripture to express one and the same deity . thus ieremy , . . they have built the high places of baal to burn their sons in the fire for burnt offerings unto baal . but chapter the . v. . the same crime is thus express , they built the high places of baal to cause their sons and daughters to pass through the fire unto moloch ; by which it is undeniably evident , that they were but synonymous terms for one and the same god ; and indeed they are words of the same signification , denoting supreme or kingly power , and so were appropriated by them to the sun , as sovereign lord of the universe . this strange inclination of the israelites to idolatry , or the worship of baal and moloch , is so vehemently upbraided to them in the scripture , as shews it to have been inveterate and impetuous beyond example : so god himself upbraids it to them , that when he did such mighty things for them in their deliverance from egypt , and only required them to renounce the idols of egypt , yet they rebelled against me , and would not hearken to me ; they cast not away the abomination of their eyes , nor the idols of egypt . and when ioshua had setled them in the holy land , he forewarns them to serve the true god sincerely , and to put away the gods which their fathers served on the other side the flood , and in egypt . by which it appears , they had not yet parted with their old gods : but the next generation made a total revolt ; and the children of israel did evil in the sight of the lord , and served baalim , and they forsook the lord god of their fathers , which brought them out of the land of egypt , and followed other gods , of the gods of the people that are round about them , and bowed themselves unto them , and provoked the lord to anger , and they forsook the lord , and serv'd baal and ashteroth . this whole book is nothing else but a narrative of their sin by idolatry , their punishment by captivity , their repentance by imploring of the mercy of the god of israel , till at last after so many relapses , they are thus answered by god in their addresses and supplications unto him : and the children of israel cryed unto the lord , saying ; we have sinned against thee , both because we have forsaken our god , and also served baalim : and the lord said unto the children of israel , did not i deliver you from the egyptians , from the ammorites , from the children of ammon , from the philistins ? also the zidonians and the amalekites and maonites did oppress you , and you cry'd to me , and i delivered you out of their hand , yet you have forsaken me , and served other gods , wherefore i will deliver you no more : go and cry unto the gods that ye have chosen , let them deliver you in the time of your tribulations . but upon their reformation they are delivered , and as soon relapse , of which a train of instances are to be seen in that book . here it may be observ'd all along that the scripture notion of idolatry is renouncing and forsaking the true god , to worship other gods , or baalim , that is , idols of the sun , whom they commonly call'd the king of heaven . and so they sin on , till god suffered his own ark ( the symbol of his own presence ) to be carried into captivity : they apply themselves to samuel to intercede for them ; samuel returns them the old answer that god himself had often made , if ye return unto the lord with all your hearts , then put away the strange gods , and ashteroth from among you , and prepare your hearts unto the lord , and serve him only , and he will deliver you out of the hands of the philistins : then the children of israel put away baal and ashteroth , and served the lord only . and samuel at the resigning of his government , upon the election of saul , upbraids them with their continual ingratitude against the lord their god , from their first deliverance out of egypt to that very day , in for saking the lord to serve baalim . so plain is the practical notion of idolatry through the whole sacred history . under the pious reigns of david and solomon the sin of idolatry was competently well retrench'd , till the dotage of solomon , when his wives and concubines turn'd away his heart after other gods , so that solomon went after ashteroth the goddess of the zidonians , and after milcom the abomination of the ammonites . but the great revolt was made by ieroboam , upon the division of the kingdom , tho rather upon a political than religious account . ieroboam said in his heart , now shall the kingdom return to the house of david , if this people go up to do sacrifice in the house of the lord at ierusalem ; whereupon he makes two calves of gold , and said to the people , it is too much for you to go up to ierusalem , behold thy gods , o israel , which brought thee up out of the land of egypt . it was only an artifice to oblige the people to himself by restoring to them their old egyptian idolatry . some will have these calves to have been set up in imitation of solomon 's cherubin , but this is fully confuted by the learned visorius . if ieroboam , saith he , by his calves design'd to imitate the establish'd religion of his country , i pray you when he took these counterfeit cherubs , why not also the ark , the propitiatory , the seat of god , where the divine majesty appear'd most conspicuously in giving of oracles , the tabernacle and the temple ? why if they were made only in imitation of the cherubs , why did he not call them by their own name , by which they were known to the people , when that would have been a more easie way to deceive them ? why did he not take the priests of the family of aaron , why did he banish them out of his kingdom , why did not the people comply for three whole years , if it had been an imitation of their old religion under david and solomon ? why if they were nothing but cherubins , are they so often in scripture styled other gods ? why should he sacrifice to them , when in the law of moses no sacrifices were offered to the cherubim ? so that it is plain that these calves were set up by him as idols or symbols of a new or separate religion from the tribe of iudah ; and tho he took up the old egyptian idol for his foundation , yet he seem'd to have erected a motley religion upon it , like that of the samaritans of old , partly to invite the people of all nations into his kingdom , where every man worshiped his own god ; and partly by diversity of religion , more effectually to divide his own kingdom from that of the line of solomon . tho not long after rehoboam and the tribe of iudah revolt from the worship of the true god ( as the scripture aggravates it ) above all that their fathers had done . and from this time idolatry , or the worship of baal , was the prevailing religion in both kingdoms , tho sometimes check'd by the piety of reforming princes . but it spread so fast , that elijah thought himself left alone , tho for his comfort god informed him , that he had the small remainder of in israel , all the knees which have not bowed unto baal . but the infection soon became universal , and tho god almighty sent his prophets from time to time to reclaim them , yet all in vain , they still continued to worship the host of heaven , and serve baal , till finding them irreclaimable , he first delivered the ten tribes into the hands of shalmaneser , king of assyria , where they continue in captivity to this day , and are a lost nation . but the piety of hezekiah at that time for a while repriev'd the tribe of iudah : but his son manasseh built up again the high places , which hezekiah his father had destroyed , and he rear'd up altars for baal , and worshiped all the host of heaven , and served them : upon this god by his prophets denounces their destruction . because , saith he , they have ever done that which was evil in my sight , and have provoked me to anger since the day their fathers came forth out of egypt , unto this day ; or because they have forsaken me , and burnt incense unto other gods , that they might provoke me to anger with all the work of their hands ; therefore my wrath shall be kindled against them , and shall not be quenched . but the execution of the sentence is suspended during the pious reign of his son iosiah ; but as soon as he is gathered to his fathers , ierusalem and the temple are destroyed by nebuchadnezzar , and king zedekiah with all his people are carried captive into babylon . this is a compendious history of the old jewish idolatry , and i think a sufficient proof both of their strange inclination to it , to the highest degree of madness , and wherein it plainly consisted , their forsaking the true invisible god , to worship created deities ; than which nothing is more evident through the whole series of scripture . to this evidence i might add a more ample proof out of the writings of the prophets , that are almost wholly imployed upon this subject . but i must not be too tedious , and therefore i shall only observe , that they generally express the greatness of this folly under the figure of ungovernable lust. thus ezekiel the d . god describes it to the prophet under this scheme . son of man , there were two women , the daughters of one mother , and they committed whoredoms in egypt , they committed whoredoms in their youth ; there were their breasts pressed , and there they bruised the teats of their virginity ; and the names of them were ahola the elder , and aholibah her sister , and they were mine , and they bare sons and daughters ; samaria is ahola , and jerusalem aholibah ; and ahola played the harlot when she was mine , and she doted ( or run mad ) for her lovers , the assyrians her neighbours , with all their idols she defiled her self , neither left she her whoredoms brought from egypt ; for in her youth ( 't is in the hebrew ) before she was ripe of age , they lay with her , and they bruis'd the breasts of her virginity , and poured their whoredom upon her ; wherefore i have delivered her into the hand of her lovers , into the hand of the assyrians , upon whom she doted , and after whom she ran mad . the same is repeated of her sister aholibah , who for her incorrigible adulteries is delivered into the hands of the babylonians ; nothing can be expressed with greater vehemence than this , that is compared to the utmost lewdness of female lust ; and nothing more evident , than that this lewdness consisted in deserting the true invisible god , to worship the false deities of their neighbours , particularly the gods of the egyptians , assyrians and chaldeans . and that is my second head of discourse , that the gods that they worshiped at that time were nothing but the heavenly bodies , or the sun , as the supreme deity . this is evident enough from what hath already been discoursed , idolatry in general being every where described in scripture by the worship of the host of heaven , or heavenly bodies . thus deut. . . lest thou lift up thine eyes to heaven , and when thou seest the sun and the moon , and the stars , even all the host of heaven , shouldst be driven ( tempted ) to worship them , which the lord thy god created for the use and benefit of all nations under the whole heaven . so chap. . v. , . if there be found any among you that have wrought wickedness in the sight of the lord your god in transgressing his covenant , and hath gone and served other gods , and worshiped them , either the sun , or moon , or any of the host of heaven , ye shall stone him to death , king. . . they left all the commandments of the lord their god , and made them molten images , two calves , and made a grove , and worshiped all the host of heaven , and served baal . so manasseh erected altars to ball , and worshiped the host of heaven , chap. . . so iosiah , when he destroyed idolatry , brought out the vessels of the host of heaven . and the jews , when after their return from captivity , they would enter their solemn protestation against idolatry , they do it in this form — thou even thou art lord alone , thou hast made heaven , the heaven of heavens , with all their host , &c. nehemiah . . so jeremiah . . ierusalem and iudah shall be destroyed because they have burned incense unto all the host of heaven , and have poured out drink offerings unto other gods. so zephaniah . . god threatens to destroy the worshipers of baal , and of the host of heaven : and lastly , st. stephen in his last speech upbraiding the jews with their idolatry , says , that god gave them up to worship the host of heaven . so evident is the practical notion of idolatry , through the whole series of scripture , that it was the worshiping the heavenly bodies as the supreme deities , or as iob emphatically expresses it , chap. . ver . . if i beheld the sun when it shin'd , or the moon walking in brightness , and my heart hath been secretly enticed , or my mouth hath kissed my hand , this also were an iniquity to be punished by the iudge , for i should have denyed the most high god. what can be more plain than this definition of idolatry , that it is the worship of the sun and moon , because it would have excluded the worship due only to the most high god ? and the very word , that we commonly translate images in general , signifies properly images of the sun. thus leviticus . . god threatens them i will destroy your images , as we translate it ; but in the hebrew your chamanim , i.e. images of the sun. so the second of chronicles , chap. . v. . and so it is set sometimes in the margent even in the english translation [ or sun images ] as isaiah . . ezek. . . and so all learned men of all nations , all religions , ever understood the old notion of idolatry , till this last age , when folly and passion cast it at any thing that peevish men were angry with . so rabbi maimon , the most learned and judicious of the jewish doctors , discourses at large , that the antient idolatry was nothing but the religion of the eastern nations , who acnowledge no other deities but the stars , among whom the sun was supreme , in opposition to which false principle , he says , god enacted the law of moses . this was the sense of all the other old heathen nations , as may be seen at large in eusebius's collections of their several opinions in his first and third book of the preparation of the gospel , where he proves , that the antient heathens worshiped only the stars , without any notion of heroes and demons . the same is attested by all the historians ; by diodorus siculus of the egyptians , by herodotus of the persians and chaldeans , by strabo and iustin of the arabians , by caesar of the germans ; so macrobius , in his first book saturnal , proves it of all the antient idolaters , that it was the worship of the sun as the supreme deity . so in the antient hymn to iupiter ascribed to orpheus , it is the sun only that is all along adored . in short , so all learned men interpret all the several idols that we read of in the holy scriptures ; particularly those two learned protestants , mr. selden , in his learned book de diis syris ; and gerard vossius , de idololatria , proves all the idols mentioned in scripture to have been only so many several appellations of the sun , whom the antient idolaters believ'd to have been the supreme god and creator of the world , as baal , baal peor , bel , moloch , dagon , baalzebub mythras , &c. in a word , the whole nation of the critiques , that agree in nothing else , are unanimous here ; tho indeed the thing is so evident in all the accounts , histories and descriptions of the antient idolatry , that it is to me the greatest astonishment in the world , that men should apply it to any other purpose . i know there was another sort of idolatry introduced afterward , the worship of men and women , but i find no such practice in the scriptures , but take it to have been much more modern , and a meer invention of the vain and lying greeks ; but whensoever it came in , it was grafted upon the old stock , of giving the worship of the supreme god , not only to created , but to mortal beings . here it were easie to wander into a large field of mythologick mystery ; but besides that , i take all mythology to be much more fable than the literal fable it self : i have resolved to confine my self to the information of the holy scriptures , from whence , as we have the most infallible testimony that can be had , so in this case we can have no other , all other writings whatsoever being by some thousands of years too modern to give any account from their own knowledge of those antient times . and for a more acurate account of this , i shall refer the reader to that admirable book of dr. spencers , concerning the jewish laws and the reasons of them , in which he proves every minute circumstance of the ritual and ceremonial law to have been enacted only for the prevention of idolatry or sun-worship . there any gentleman that delights in antient learning , may have his glut of pleasure and satisfaction ; for beside the great compass and variety of polite literature , he hath brought wit , sense , reason and ingenuity into the synagogue . i will only exemplifie the thing in some few particulars . the first is the institution of some rites peculiar to god's own worship , both as a bar to preserve them from any other worship , in which those rites were not us'd , and as an obligation to bind them the faster to their duty to himself ; among these the chiefest are circumcision and the sabbath , which he instituted , as it were , the two sacraments of the jewish religion , or the worship of the creator of heaven and earth , to distinguish them from their neighbour nations , who worship only his creatures . with circumcision god sign'd his covenant with abraham , which was the first revelation of himself against idolatry , and the foundation of the whole mosaick law , which was seal'd to , by this sacred rite of circumcision ; so that without it , they were esteemed no better than idolaters , and an uncircumcised man signifies no less than an heathen . this reason is expresly given by god himself at the first institution of it in his covenant with abraham : i will establish my covenant between thee and me , and thy seed after thee in their generations for an everlasting covenant , to be a god unto thee , and to thy seed after thee . this is my covenant which ye shall keep between me and you , and thy seed after thee , every male child among you shall be circumcised . and you shall circumcise the flesh of your fore-skin , and it shall be a token of the covenant betwixt you and me ; and therefore the uncircumcised shall be cut off from his people , as having broken my covenant , i.e. renounced the true religion , which is , as grotius observes , not reasonably to be understood of infants , but of men grown to years of understanding , whose parents had neglected that office in their infancy , and therefore if they did not supply that defect , when they came to age , it was looked upon as renouncing the worship of the true god , of which this was the first sacrament or ceremony of admission into the jewish church , which alone profess'd it , and that is the reason of st. paul's assertion , every man that is circumcised , is a debtor to do the whole law , i.e. he that willingly and knowingly undergoes this initiating ceremony , by vertue of that he obliges himself to the observation of the whole mosaick law , and all things commanded in it . and for this reason no proselyte was admitted to the paschal festival , the most sacred solemnity of the jewish religion , without circumcision . when a stranger shall sojourn with thee , and will keep the passover to the lord , let all his males be circumcised , and then let him come near , and keep it , and he shall be as one that is born in the land ; for no uncircumcised person shall eat thereof . this seems to be the meaning of that passage , ioshua . . when god commanded ioshua to circumcise all the people , that were born in the wilderness , and that indeed is all then living ; for those that came out of egypt were dead , and when ioshua had done it , god tells him , this day have i rolled away the reproach of egypt from off you ; the reproach of egypt was their idolatry , which they had now renounced by the sacrament of circumcision . and accordingly in the persecution of antiochus epiphanes to abolish the jewish religion , and establish idolatry , the jews are commanded to leave their children uncircumcis'd ; and the apostates endeavoured to blot out the marks of their circumcisioni ; and certain women that had taken care to circumcise their children , were put to death , and the infants hanged about their necks . that was the distinctive mark through all ages between a worshiper of the true god and an idolater . so that it was the same thing , not to be circumcised , and to apostatise to idolatry . the second , and indeed the greatest bar of all against idolatry , was the institution of the sabbath in memory of gods creation of the whole visible world , and for that reason this doctrine of the sabbath , was reputed as fundamental an article in the jewish church , as the doctrine of the cross in the christian , because all other articles of their religion depended upon the belief of their god's creation of the world. and therefore when god had given moses a compleat body of laws for his own worship , he ratifies , and as it were comprises them all in a vehement and reiterated pressing that one law of the sabbath , exod. . v. . to the end of the chapter . and after the children of israel had committed idolatry in worshiping the golden calf , for which god had for some time cast them off , he is at last prevailed upon by moses to renew his covenant with them upon a new contract . first , that they worship none of the gods of the heathen nations , nor ever use any of their rites and ceremonies . and then that they be more careful to observe the passover and the sabbath , exod. . . and the observation of the sabbath is again enforced in the very beginning of the next chapter , as the bond and epitome of the whole law , and moses gathered all the congregation of the children of israel together , and said unto them , these are the words which the lord hath commanded that ye should do them , six days shall work be done , but on the seventh day , there shall be to you a holy day , a sabbath of rest to the lord , whosoever doth work therein shall be put to death ; as if the sabbath alone were the whole law , according to that saying of the talmud , whosoever denies the sabbath , denies the whole law. because that 's an acknowledgment of the creator of the world , as the author of the mosaick law. and for that reason the almighty upon all occasions styles himself in scripture , creator of heaven and earth , which we ( improperly enough ) translate possessor of heaven and earth ; and indeed the history of the creation it self , and the whole pentateuch , seem to have been written on purpose to prevent idolatry , or the worship of created beings ; and therefore moses doth not set down the creation of the universe in gross , but of every part by it self , particularly of the sun , moon , and stars . and that is in it self a sufficient security against giving them that were meer creatures , the worship that is only due to the creator . and this seems to be the reason of the particular form of words in the fourth commandment , remember the sabbath day to keep it holy , for in six days the lord made heaven and earth , and rested the seventh day ; as if he had said , be sure that you be particularly mindful of this commandment of the sabbath above all others , for it is a day dedicated to the eternal memory of the creation , and therefore enjoyn'd to be observ'd every seventh day , that it may continually bring to mind that great work , and never suffer it to decay out of thy memory . and from hence it is that the precepts of not worshiping idols , and observing the sabbath , are so frequently coupled together in the scriptures , as if they were inseparable . exod. . , . six days thou shalt do thy work , and on the seventh day thou shalt rest , and make no mention of the names of other gods , neither let them be heard out of thy mouth . levit. . . ye shall keep my sabbaths , i am iehovah your god ; turn ye not unto idols , nor make to your selves molten gods : i am the lord your god. levit. . , . ye shall make ye no idols , ye shall keep my sabbaths . ezek. . , . walk ye not in the statutes of your fathers , nor defile your selves with your idols , and hollow my sabbaths that are for a sign between you and me , that you may know that i am iehovah your god ; for their hearts went after their idols : so v. . they polluted my sabbaths . and as these commands are so frequently joyned together , so is the violation of them , as if they could not be parted , ezek. . . they polluted my sabbaths , and their eyes were after their fathers idols . and king ahaz , when he set up idolatry , he in contempt turn'd the covert for the sabbath out of the house of the lord. mac. . . and many of the people consented to the command of the king , and sacrificed to idols , and prophaned the sabbath . so necessary was it for the observation of the sabbath , and the worship of the true god , to run the same fate , or stand and fall together ; because the sabbath was instituted in memory of the creation of the world by the true god ; and therefore the belief and observation of it , was an open defyance to all idolatry , as the psalmist joyns them together , all the gods of the heathens are idols : but the lord made the heavens . and this is the distinctive character that god hath given between himself , the only true god , and the heathen idols or vanities ; the gods that have not made the heavens and the earth shall perish from the earth , and from under the heavens . the lord hath made the earth by his power , he hath framed the universe by his wisdom , and hath stretched out the heavens by his discretion . now the observation of the sabbath , as instituted in honour of the invisible creator of the visible or material world , being the fundamental article of faith in the jewish church , in opposition to idolatry , or giving the worship of the supreme deity to created beings , it is for that reason more frequently recited than any other law , and its breach as severely punished as idolatry it self ; the recital of this command is almost half of the law and the prophets , and the violation of it certain death , as a crime of the same nature with idolatry it self . so evident is it through the whole series of sacred history that the sabbath was instituted in opposition to idolatry , and that the idolatry it was opposed to , was the worship of created beings as the supreme uncreated deity . to conclude this argument , tho i designed to confine my self to the testimony of holy scripture , that is the only competent witness in the case ; yet i find such a pregnant passage cited out of st. cyril of alexandria to the same purpose with the premises , from his own observation of the train of scripture history , that it were great pity to rob the reader of so fair an authority , after the israelites , ( says he ) left their own country to sojourn in egypt , in process of time they lost all memory of their ancestors , and descent from the line of abraham ; so that their antient customs being worn out by degrees , and the religion of their forefathers disus'd , they were at length debauched by conversation with the egyptians to idolatry , and gave the worship of the supreme god to the sun , and under him to the heavens , earth , moon , stars . and therefore when god delivered them out of their egyptian bondage , to bring them to the promised land , he peremptorily commands them to discard all their egyptian errors ; but because there was need of an evident sign , by which they should , as it were , be forced to confess , that heaven was made by his almighty power ; and that the sun , moon , and stars , and all other beings , were the works of his hands , he commands the festival of the sabbath as a memorial and imitation of himself and his work ; and therefore they that devote themselves to rest as their creator rested , by that acknowledge , that all other things were the product of his power ; and that is the natural design of the sabbath rest , to affect them with a sense of the supreme deity , or creator of all things . in the second place , a very great and considerable part of the mosaick law was enacted , purely in opposition to the old heathen rites and customs . here i omit the idolatry of the zabii , so much of late insisted upon by learned men , because i find no antient footsteps of any such people in the world. the mahometan arabic writers are the first that make any mention of them , and their divinity ( as the arabians describe it ) is a meer fanatick rhapsody of chaldaism , or astrologick idolatry , iudaism , or the history of the patriarchs turned into fables ; gnosticism , or the worship of demons and angels ; pythagorism , or turning all things into allegories , and therefore must be of a much younger date than christianity . the first time we read of them , is in the alchoran , and mahomet gives them that name of zabii , because they lay eastward from arabia , for so the word signifies easterlings : or more probably from a fanatick imitation of the old testament , that frequently and commonly styles the heathen idolaters by the title of the men of the east , i.e. the chaldeans , who were situated eastward of iudea . after him we have no account of any such nation as the zabii , till about eight hundred years since . for the prophet and his barbarous followers , as they conquered , destroyed all monuments of learning , till being setled in peace and empire , ( as is the manner of all barbarians ) they betook themselves to the humour of learning , and translated books out of other languages , not only greek and latin , but of their neighbour nations into their own tongue . this is the most antient account , after all the noise that has been made of their extreme antiquity , that we have of any zabian writers ; so that setting that modern nation aside , the mosaick rites were instituted in opposition to the more antient idolatry of their neighbour nations , particularly the egyptians and the canaanites , of whom there was most danger by reason of their late conversation with the one , and their new conversation with the other . and therefore against these god arms them with a special caution , after the doings of the land of egypt , wherein ye dwelt shall ye not do ; and after the doings of the land of canaan , whether i bring you , shall ye not do ; neither shall ye walk in their ordinances . this contrariety of the jews to the laws and customs of all other nations is made use of by haman to king ahasuerus to procure their destruction ; esther . . and haman said unto king ahasuerus , there is a certain people scattered abroad , and dispersed among the people in all the provinces of thy kingdom , and their laws are divers from all people , neither keep they the kings laws ; and therefore it is not for the king's interest to suffer them . if it please the king , let it be written that they may be destroyed . this is perpetually objected by manetho the egyptian priest against the jews , that they aimed at nothing so much in the rites of their religion , as to affront and reflect defiance upon the egyptian devotion . and so tacitus his account of them is this ; moses ut sibi in posterum iudaeorum gentem firmaret , novos ritus contrariosque caeteris mortalibus indidit ; prophana illis omnia , quae apud nos sacra ; rursum concessa apud illos , quae nobis incesta . moses , that he might the better confirm the iewish nation to himself , instituted new rites , contrary to the customs of the rest of mankind ; what is most sacred with us , is most prophane with them ; and what with us is esteemed most abominable , is allowed to them as lawful and innocent . this is the certain ground of that known universal contempt and hatred of all other nations against the jews : and so that passage in ieremiah , cap. . ver . . is applyed by grotius to the jews , mine heritage is unto me as a speckled bird ; the birds round about her are against her : mine inheritance is become like a strange bird , and is pursued by all the birds of the field ; as when a bird of a strange colour , happens to consort with other birds , it is natural for them all to set upon it ; and this was the case of the jews in reference to all their neighbour nations . it were an endless work to recite all the rites peculiar to the jews , and instituted in contradiction to the customs of their neighbours , when it is the only reason that runs through almost all their law , even to the boiling of a kid or lamb in its dams milk ; to the sowing of divers seeds together ; plowing with an ox and an ass ; wearing linsey woolsey , &c. and therefore i shall only instance in two remarkable particulars . the institution of the passover ; and the law against sacrificing in high places , both which are enjoyn'd as most effectual remedies against idolatry . the passover was the first law instituted by god , at , or upon their deliverance out of egypt . in the tenth day of this month , they shall take to them every man a lamb , a male of the first year , according to the house of their fathers . in the observation of this great solemnity , as it is there prescribed , every the most minute circumstance is an express defiance to the egyptian follies . first , the paschal lamb must be a male a year old , that is , a young ram ; and that was the greatest affront that could be put upon the egyptians , that held a ram not only in religious esteem , but the most sacred of all their holy animals in more antient times , as the symbol of the sun entring the sign aries , and beginning the new year : and afterwards of iupiter ammon , whom the greeks planted upon the stock of the old egyptian idol of the sun. now upon the account of the sacredness of these animals , they never offered any of their species in sacrifice . and hence when pharoah bid moses go sacrifice to the lord in the land of egypt , moses answers , that they dare not , because it would be an abomination to the egyptians , so that they would stone them ; that is , it would be a prophaneness and open affront to the religion of the egyptians if they should offer in sacrifice ( according to the custom of their fore-fathers ) those very animals that the egyptians had consecrated to the honour of their gods. and for the same reason they are commanded to sacrifice the passover with a young bullock , as well as a young ram , out of the flock , or out of the herd , as the scripture expresses it . and when king iosiah kept , after a long intermission , a most solemn passover , besides lambs and kids , he gave to the people bullocks . now next to a ram the bullock was the most sacred of all the holy animals , and therefore made the second sign in the zodiack . and therefore when the greeks , or later egyptians , gave the first symbol to iupiter ammon , their supreme god , they gave the second to osyris , by them commonly called apis ( not understanding that that word only signifyed the image , not the deity ) so that here tacitus his malice is not much in the wrong ; caeso ariete velut in contumeliam ammonis , bos quoque immolatur , quem egyptii apim vocant . they sacrifice a ram in affront to ammon , and a bullock in affront to osyris . beside , it must be a male , not a female , because the egyptians and heathens ( who indeed generally followed the egyptian customs , especially the greeks ) used only females in their sacrifices . but the most observable circumstance in this whole solemnity , is the time of its celebration ; the lamb was to be solemnly set apart for the sacrifice on the tenth day of the month , till the fourteenth , because on the tenth day , on which the sun entred the sign aries , began the great festival of aries , or the new year ; so that beginning the jewish passover at the same time , it was a manifest triumph over the egyptian deity , by cutting the throat of the poor beast , with as much solemnity as the egyptians at that very time worship'd it . and for the same reason a cow that was sacred to isis , or rather to some more antient deity , i suppose the moon , was commanded to be driven out of the camp , and burnt as an unclean beast ; and so because the egyptians addressed their worship to a goat , as the symbol of some deity , probably the sun in that sign , god commanded the jews to make use chiefly of goats in their expiatory sacrifices , and particularly the scape goat , laden with all the sins , and all the curses of the people ; and hence the israelites were strictly forbidden to sacrifice to goats , which we translate devils : and they shall no more offer sacrifice to devils , ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) to goats , after whom they have gone a whoring . this shall be a statute for ever unto them throughout their generations . but to return to the paschal ram , all the circumstances of the institution carry a remarkable significancy in them : thus when they are commanded to besmear the side-posts , and upper door-posts or lintal of every house : what could have been a more publick contempt of the egyptian religion , when by it they declared , that the almighty power that had prov'd it self by so many miracles and judgments , especially this last in the death of the first-born , commanded to put all manner of contempt upon those creatures that were consecrated to the worship of their gods , and to leave those bloody posts to the egyptians , as monuments of their baffled deities ? and tho i have no reverence to the authority of the jewish rabbies in the account of antient times , being not only very trifling , but very modern writers ; yet there is cited an excellent passage out of r. abraham seba , that i cannot omit to recite , not for its authors sake , but it s own . the egyptians began the computation of their months from the time that the sun entred aries ; and this whole month was celebrated with extraordinary festival solemnity , and was more sacred than all the months of the year beside . god therefore designing to set his people at as great a distance as could be from the customs of the heathens , commanded them to begin the year , not from the full moon , as the egyptians did , but from the first day of the month ; and whereas the egyptians spared their cattle , and durst not so much as eat rams flesh , therefore they are commanded to kill , roast , and eat it ; so that whereas they offer incense to it , and perform their solemn devotions before it , these are commanded in contempt to sprinkle the blood of this most holy animal upon the very threshold of their houses . so far the doctor . so again they are commanded not to eat the paschal ram raw , in opposition to the customs of the antient and barbarous heathen nations , who eat all their sacrifices raw , especially at their signing of covenants and treaties of peace ; and that is the original reason of the command to abstain from blood. then it is to be eaten in one house , not to be eaten abroad in solemn pomp and procession , as the heathen priests did their raw sacrifices . nor a bone of it to be broken , because the heathen priests in their pretended holy rage were wont to tear their sacrifices in pieces with their teeth . the head with the legs and purtenance to be eaten , because the heathens only eat the viscera , or inwards , nothing of it to remain till the morning , lest it should be abus'd to superstitious uses , as the heathens did the relicks of their sacrifices , who sold them to the people as a charm against diseases and ill luck . all which circumstances are most particularly remarkable in the bacchanalia , or great festival of bacchus , that the greeks stole out of egypt , as well as all their other superstitions , as the most learned of them confess : and concerning the bacchanalia in particular , herodotus tells us by whom they were first brought out of egypt into greece , viz. the famous physitian melampus . lastly , the passover was not to be sodden in water , becaue the egyptians and syrians always boil their sacrifices , especially to horus or the sun ; and for that reason it is , that this little circumstance is so often urged , and so strictly observ'd . and this is particularly objected by manetho the egyptian against the jews , that they were not content only to destroy their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , their consecrated animals , but consumed them by fire , as it were burning their gods in effigie . these are the great reasons , why the divine law-giver laid so much stress upon this solemnity , and all the circumstances belonging to it , when it was the grand diagnostick , or distinguishing character between the worshipers of the true god , and of created deities . and therefore upon all apostasies of the people from their religion , it was the custom of their pious princes to recall them , by reviewing and renewing the laws of the paschal festival . so iosiah , when he set himself to abolish all relicks of idolatry , and establish the worship of the true god for ever : he commanded all the people , saying , keep the passover unto the lord your god , as it is written in the book of the covenant . surely there was not holden such a passover from the days of the iudges that iudged israel , nor of the kings of iudea . that was an undenyable proof of their complete reformation . the second law enjoyn'd in opposition to egyptian idolatry , is that against sacrificing upon high places , which were egyptian altars built in the form of high towers , that they might make nearer approaches to the sun in their devotions . and therefore god , on the contrary , commands the israelites to sacrifice to himself upon a low altar of earth , exod. . , . without steps or stairs ; which laws were given either with , or immediately after the ten commandments , as it seems of equal weight with them . so that to offer sacrifices upon high places , is always represented in scripture as a very high act of idolatry ; and to destroy the high places in scripture as an eminent act of reformation , which must be understood of towers , not of mountains , that are not so easily demolished . so levit. . . i will destroy your high places , and cut down your images , [ or chamanim ] and cast your carcases upon the carcases of your idols , and my soul shall abhor you . so numbers . . balack took balaam and brought him up into the high places , or pillars , as the septuagint always render it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of baal , that thence he might see the utmost part of the people . so numb . . . ye shall drive out all the inhabitants of the land before you , destroy all their pictures and molten images , and pluck down all their high places . in the historical and prophetick writings , idolatry is almost every where exprest by sacrificing or worshiping in high places . the idol priests are styled priests of the high places . this , says herodotus , was the received custom of the antient nations , and of this nature were the egyptian pyramids ; and that which is still standing is built in the form of an altar , i.e. a four square plane , ten cubits broad on every side , ( not as it is vulgarly suppos'd , a point or spire ) to which the priest advanced by ascents , which herodotus , that viewed them above years ago , says , were so many lesser altars . but that the pyramids were supposed in the more polite times , to have been antient altars , is evident from that known verse of luca● . votaque pyramidum celsas solvuntur ad aras. there are monuments of this antient custom still remaining in the west indies . gage in his survey , describes such a tower in the middle of the great temple at mexico , of an ascents , where their priests offered all their sacrifices . in short , the people of israel were so fond of these high altars , that some princes , who would have demolisht them as pieces of idolatry , were forced to persist for fear of popular tumults and seditions . so asa in his reformation , when he burnt their idols , could not remove their high places . so iehoash could do every thing , but remove the high places . so amaziah was forced to leave them behind him : so his son azariah : and when they were demolished by hezekiah , and some of the more pious princes , they were ever first restored at the peoples return to idolatry . and agreeable to what is here represented is the reason annexed to the divine law , lest ye discover your nakedness ; which words , tho they may be literally taken , yet according to the language of scripture in this matter , they have a much higher meaning , i.e. lest you commit idolatry or adultery with other gods , and expose your shame and nakedness by playing the harlot upon your high places : these two things , idolatry and adultery being so frequently joyned together in scripture , as the same crime . thus far , to mention no more , it pleased god to provide against idolatry , by enacting special laws in direct opposition to the heathen rites . when god had casher'd the more rank and notorious acts of heathen worship , he retained some of their more innocent rites , especially those that were derived from the antient patriarchs , before the later corruptions were crept in , lest if god had given a law altogether new , and abolished all their old customs , people that are always fond of the usages of their fore-fathers , should rather have revolted to the heathen idolatry , than submit themselves to such a new and uncouth religion ; and therefore out of condescention to their rudeness and weakness , god permitted them to retain several of their former rites and ceremonies in his new worship , that by that indulgence he might win them more easily to embrace his new institution . and this seems to be the grammatical sense of st. paul's expression , that god suffered their manners in the wilderness forty years , where the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 suffered , is taken from the use or language of mothers or nurses , that are forced to humour and comply with the little follies of their children by any way to please them . in allusion to this word , god was pleased to express his treatment of the children of israel , who knowing the weakness of their rude and childish understandings , permitted and indulged them to enjoy not a few of their former conceits together with his own divine law. and so moses lets them know in his farewel speech , that the lord had all along born with them , as a father doth with his child . and so grotius paraphrases that passage of st. paul , when we were children , we were in bondage under the elements of the world , i. e. says he , we were under subjection to those rites and usages that were common to us with the rest of the world , as temples , altars , sacrifices , new moons , to which he might have added , oblations of first fruits , purifications , festival solemnities , tabernacles , dedication of tenths , the ark ; the cherubim or teraphim ( for they are promiscuously used in scripture , and are of very antient use : ) these , and the like old customs were enjoyned the people of israel , lest for want of them they should relapse to idolatry . and because these customs were common to the jews with the rest of the world , therefore they are call'd the elements of the world , and weak and beggarly elements , and carnal ordinances , that were impos'd and born with till the time of reformation , in the apostolical writings , when they would beat down the value of the mosaick law. but to omit the rest , i shall only insist upon the cherubim , that god commanded to be placed over the ark , and all divine worship to be directed towards them , and thou shalt make two cherubims of gold , of beaten work shalt thou make them , in the two ends of the mercy seat , &c. that they were statues or images is out of doubt by their description , but of what particular form is matter of controversie among learned men ; tho what ever they were , i am not concerned ; it is enough that they were images used in the worship of god , and then the use of images is not in it self idolatry . that the word originally and properly signifies an ox , is evident from ezekiel , who uses the words promiscuously , chap. . . as for the likeness of their faces , they four had the face of a man , and the face of a lyon on the right side , and they four had the face of an ox on the left side , they four also had the face of an eagle : but chap. . . the same things are thus described , and every one had four faces ; the first face was the face of a cherub , the second the face of a man , the third of a lyon , and the fourth of an eagle and as an ox or a cherub was used by the antients as a symbol of strength or power , so thence came they to signifie the thing it self ; so god tells the king of tyre , that he was his anointed cherub , i. e. that he had made him great and powerful . hence whenever god in scripture is said to sit upon , or dwell between the cherubims , it is when his power particularly is represented . thus when the israelites were defeated by the philistins , they agree at a council of war to send for the ark of god to save them out of the hands of their enemies . so the people sent to shiloh , that they might bring from thence the ark of the covenant of the lord of hosts , who dwelleth between the cherubims . so king hezekiah in his distress calling upon the divine protection and deliverance from his enemy ; and hezekiah prayed before the lord , and said , o lord god of israel , that dwellest between the cherubims , thou alone art god of all the kingdoms of the earth . so psal. . . the lord reigneth , let the people tremble ; he sitteth between the cherubims , let the earth be moved . and for this reason were these sacred images placed over the ark , as the symbols or hieroglyphicks , to represent the presence of the divine majesty ; so that as the ark is styled god's footstool , the cherubims are called his throne : and so when the ark and cherubims were brought into the temple , this anthem was sung : lift up your heads , o ye gates , and be ye lifted up , ye everlasting doors , and the king of glory shall come in : who is this king of glory ? the lord of hosts , the lord strong and mighty , the lord mighty in battle . in short , these images were the most sacred things in all the jewish religion ; what they were , i will not determine ; some will have them to have been statues of beautiful youths ( as they are now vulgarly represented : ) others , the statue of a young bullock , from the synonymous signification of the words : but the * most learned conclude them , as they suppose with good authority from the scriptures , not to have been any one certain form , but mixt of several forms , in which that of a bullock had the biggest share ; but compounded of these four shapes , a man's face , an eagles wings , a lyons back , an oxes or bullocks thighs and feet . as they are described in the fore cited chapters of ezekiel , . & . and to this no doubt st. iohn alludes in his vision of the four beasts , rev. . , . round about the throne were four beasts ; and the first beast was like a lyon , and the second like a calf , and the third had a face as a man , and the fourth was like a flying eagle . and they rest not day and night , saying , holy , holy , holy , lord god almighty , which was , and is , and is to come . in allusion , 't is no doubt , to the representation of the immediate divine presence in the ark by the cherubims , that were made up of these four beasts , that were probably pitcht upon , because of that great preheminence that they hold above all other orders of creatures . a man for understanding , an eagle for swiftness , a lyon and a bull for strength . but what ever they were , they were sacred , images set up by god himself in the place of his own worship ; and he was so far from forbidding the use of images in it , that he would not be worshiped without them . this is the true account of idolatry , as it is stated in the scripture from the grand design of the mosaick law , to restore the worship of the true invisible god , the creator of heaven and earth , in opposition to the idols , or created deities of the heathen world , and by all wise arts and methods to keep them loyal to himself : and this gives us the true rationale of the mosaick law , in which every particular rite had some regard to idolatry . so that the breach of any one ceremonial law was a degree of it ; and to boil a kid in its mothers milk was idolatry , as well as to offer sacrifice to the sun , because the heathens used that form of ceremony in the worship of that god. god did not think it sufficient for their security to forbid them the worship of this false god , but every minute circumstance that belonged to it , lest by degrees they might be reconciled to it . and therefore god calls himself upon all occasions a jealous god , and oftentimes a jealous husband , to let them know , that they must not only avoid idolatry it self , but all the least appearances and suspicions of it by heathen compliances . now if we compare this antient idolatry of the jews , with that of late charged by some men upon all christians of the roman communion , i know not which will appear greatest , the malice or the folly of the charge . it consists of these three heads . i. the worship of images . ii. adoration of the host. iii. invocation of saints . all which are represented to the people as crimes of the same nature with the old egyptian idolatry . but as to the first , the use of images in the worship of god , i cannot but admire at the confidence of these men , to make so bold a charge against them in general , when the images of the cherubim were commanded by god himself . they were the most solemn and sacred part of the jewish religion ; and therefore , tho images , so far from idolatry , that god made them the seat of his presence , and from between them delivered his oracles ; so that something more is required to make idolatry , than the use of images . this instance is so plain and obvious to every reader , there being nothing more remarkable in all the old testament , than the honour done to the cherubim , that 't is a much greater wonder to me , that those men , who advance the objection of idolatry so groundlesly , can so slightly rid themselves of so pregnant a proof against it . it is objected , i remember , by a learned adversary , to the great founder of this , and all other anticatholique , and antichristian , and uncharitable principles among us ; but he turns it off so carelesly , as if it were not worth his notice . first , that they only directed their worship towards the images . yea , they did so , as the symbols of god's presence , and that is to worship god by images , or to give the same signs of reverence to his representations , as to himself . and therefore when david exhorts the people to give honour to the ark , he says , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , bow down to , or worship his footstool , for it , or he , is holy . and if so much outward worship may be given to images , as symbols of the divine presence , it is enough to justifie it . but however the thing stands , the case of all images is the same , and a roman catholique may make the same plea for his church , as this author does for the jews ; and if he accept it in one case , he cannot refuse it in another ; or if he does , he will give but little proof of his integrity . at least god was not so nice and metaphysical in enacting his laws , by distinguishing between bowing to , and towards ; or if these gentlemen say , he was , they must shew us where : but what authority do these men assume to themselves , when by the precarious use of these two little particles , they think to make the same act the whitest , and the blackest thing in the world , towards an image , 't is innocent ; to it , idolatry ? but let them take which they please ( for they are their own carvers in all their own controversies ) if it be no idolatry to worship towards an image , after all their frights , they fairly give up the cause to the church of rome , that requires no more . but the second reply is much more curious and metaphysical , that the cherubims were not seen by the people , and adored but once a year by the high priest : here then we distinguish between the idolatry of the sight and the mind ; an image seen is idolatry , but if covered , 't is none . so that to adore the host exposed , is idolatry ; but in a pix , 't is none . what rubbish is here to stuff out so weighty an argument ! but if they did not see their images in the ark , they knew them to be there , and of what form they were , being described to them by god himself in their law. upon these terms it seems a blind man can never be an idolater ; and if all the romanists would shut their eyes at convenient times , they would quit themselves of this black accusation . but the high priest used this solemnity only once a year . if it were idolatry , it was as unlawful once a year , as if done every day ; and if lawfully done but once a year , it was no idolatry : it s being seldom or frequent , makes no difference ; it is either always idolatry , or it is never so . and yet these little pretences are the last result of this great argument ; and when we have loaded the greatest part of christendom with the foulest crime in the world , we think to make good the accusation by such shameless shifts and pretences as these ; for in these trifles , the dispute , as to the cherubim images , ended ; and yet the clamour of idolatry is kept up as high as ever to this very day . but what images do the roman catholiques worship ? do they worship any image or symbols of false gods , as the supreuse deities ? if they do not , then they are innocent of the worst part of idolatry . or do they attempt to make a similitude of the true god , or uncreated divine nature ? that is the other part of idolatry , and the scripture knows no more ; therefore however superstitious they may be in their use of images , yet they cannot be guilty of idolatry , but upon one of these two accounts , which no man was ever yet so hardy as to charge upon that church . till therefore it be proved that they worship images of false gods as the supreme deities , or that they worship the true god by corporeal images and representations of his divine nature , there is no footing for idolatry in christendom . as for the adoration of the host , when they can prove 't is given to it either as a symbol of a false god , or the picture of the true one , howsoever faulty it may be otherwise , it can be no idolatry . and as for the invocation of saints , unless they worship them as the supreme god , the charge of idolatry is an idle word , and the adoration it self that is given to them as saints , is a direct protestation against idolatry , because it supposes a superiour deity , and that supposition cuts off the very being of idolatry . but to give an account of their precarious notions of idolatry , and their more precarious ways of proving it , would swell to volumes ; and therefore at present i shall dismiss the argument , and shall only observe what a barbarous thing it is to make the lives , fortunes and liberties of the english nobility and gentry to depend upon such trifles and crudities , by remarking the unheard of and unparallel'd penalties that are annexed to so slender a law , viz. that every offender shall be deemed and adjudged a popish recusant convict to all intents and purposes whatsoever , and shall forfeit and suffer as a popish recusant convict , and shall be disabled to hold and office or place of trust or profit , civil or military , in any of his majesties realms or foreign plantations ; and shall be disabled from thenceforth to sit or uote in either house of parliament , or make a proxy in the house of peers , or to sue , or use any action , bill , plaint or information in course of law ; or to prosecute any suit in any court of equity , or to be guardian of any child , or executor or administrator of any person , or capable of any legacy or deed of gift ; and lastly , shall forfeit for every wilful offence the sum of five hundred pounds . here are all the punishments that can be inflicted upon a living man. convict recusancy it self , one would think , is punishment more than enough for any one crime : abjuration of the realm ; returning without leave , felony without clergy ; upon refusing to abjure , forfeiture of all goods , chattels and lands for liofe . forfeiture of sixty pounds per annum , banishment from the kings court under forfeiture of an hundred pounds , and from london on the same penalty , forfeiture of right of patronage , disabled from any practice or office in law , and finally disabled to be guardian , executor or administrator , and legatee . this was thought the utmost severity in the zealous days of queen elizabeth ; but alass ! our modern zeal will not be confined to the gentle moderation of our fore-fathers ; but now we must suffer all those , with many more , to the loss of our birth-rights , and all benefits of law , for no higher act of recusancy , than not swearing to the truth of dr. st's unlearned and fanatique notion of idolatry ; for that in reality is the bottom of all this mischief and madness . and as it is advanced among us into so bloody a charge ; i cannot but declare my utter abhorrence both of that , and its abetters , as sworn enemies to the peace of christendom ; and in the result of all , i find , that idolatry made the plot , and that the plot made idolatry , and that the same persons made both . thus begging allowance for humane infirmities , lesser errors and mistakes , which in so much variety of argument and citation will escape the greatest care , i have declared my present judgment of this unhappy law , as i will answer for my integrity to god and the world. sa . oxon . notes, typically marginal, from the original text notes for div a -e the names of the protesting peers to the number of . are to be seen in the journal book . lib. . dist . . conference , p. . institut . book . cap. . sect. . sect. . pag. . anno to . & to . edw. ti . animad . cass. artic. . in animad . riveti . votum pro pace art. . rivet . apol ▪ dicuss . answer to t. c. dialogue , p. . gen. . . exod. . . ver. . chap. . bochart . dr. hammond . dr. spencer . kircher . exod. . . gen. . . chap. , . ezek. . , . josh. . . judg. . . ch. . . sam. . , . cap. . king. . , . king. . . vide dr. spencer , p. . king. . . king. . , . king. . ver. . cap. . . king. . more nevoch . lib. . gen. . , . gal. . . exod. . . mac. . v. , , . king. . . psal. . . jer. . , . hom. . de fest . pasch. lev. . . hist. l. . exod. . . exod. . . deut. . . chron. . . exod. . num. . levit. . . king. . . king. . . king. . . chap. . . chap. . . act. . . deut. . . gal. . . exod. . . ezek. . . sam. . , . king. . . psal. . . * grotius . dr. spencer . villalpandus bochartus . exod. . . dr. st. of the idolatry of the church of rome . eliz. ca. . jacob. ca. . by the king and queen, a proclamation requiring all seamen and mariners to render themselves to their majesties service england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation requiring all seamen and mariners to render themselves to their majesties service england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill and thomas newcomb ..., london : . "given at our court at whitehall the fifth day of july, . in the second year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. great britain -- history, naval -- stuarts, - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king and queen , a proclamation requiring all seamen and mariners to render themselves to their majesties service . marie r. whereas divers seamen and mariners have lately left their usual and ordinary places of abode , and have removed themselves into some private and obscure places , endeavouring thereby to avoid or escape from their majesties present service : their majesties therefore , by the advice of their privy council , have upon the present extraordinary occasion , thought fit to publish this their royal proclamation ; and do hereby strictly charge and command all seamen and mariners remaining in any county of england or wales , and not listed in their majesties service , that they forthwith render themselves unto the principal officers and commissioners of their majesties navy in london , or to the commissioners of the navy at chatham , or to the commissioners of the navy at portsmouth , or to joseph fownes store-keeper and muster-master for the navy at harwich or to john addis store-keeper and muster-master for the navy at plymouth , or to the bailiffs of great yarmouth , or to the mayor of hull , or to the mayor of newcastle , or to robert henley at bristol , or to arkinson at highlake and leverpoole , in order to their being received into pay , and sent on board such of their majesties ships as shall be found most expedient for their majesties service ; and if any of them shall hereafter be found out or discovered to have neglected to obey this their majesties royal command , they shall be proceeded against with all severity . and their majesties do hereby require all mayors , bayliffs , sheriffs , iustices of the peace , constables and other officers to whom it doth or may appertain , that they cause diligent search to be made within all and every of their precincts , for the said seamen and mariners , and to seize and secure the persons of such of them as shall be there found ; and also all loose and unknown persons whatsoever , who may justly be suspected to be seamen or watermen , and to cause them to be sent to the principal officers and commissioners of their majesties navy in london , or to such other of the persons and places aforesaid , to which they may most conveniently be sent , in order to their being employed in their majesties service ; and that they send up to their majesties privy council a list of the names of all such seamen and mariners as they shall procure for the service aforesaid , together with the names of the respective persons to whom , and places to which they shall send them . and the said principal officers and commissioners , and other persons aforesaid , shall give receipts in writing for the several seamen and mariners delivered to them in pursuance hereof . and their majesties do hereby straitly charge and command , that no person or persons whatsoever , do presume to conceal , or to further or favour the escape of any seamen or mariners as aforesaid , upon pain that all and singular persons offending herein , be forthwith committed to prison by the next iustice of the peace or other magistrate , and with all severity prosecuted , as persons conspiring against their majesties and the safety of the kingdom . and their majesties are hereby pleased to make known , that money is already lodged in the hands of the persons above named , for repaying the conduct money , and other charges incident to this service . given at our court at whitehall the fifth day of july , . in the second year of our reign . god save king william and queen marry . london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties . . to the king's most excellent majesty, the humble address of the presbyterian ministers in his majesties kingdom of scotland proceedings. - - . church of scotland. general assembly. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the king's most excellent majesty, the humble address of the presbyterian ministers in his majesties kingdom of scotland proceedings. - - . church of scotland. general assembly. james ii, king of england, - . sheet ([ ] p.) printed by james watson, printer to his most excellent majesties royal family and houshold, holy-rood-house [edinburgh] : . at head of text: at edinburgh the twenty first day of july, in the year . a petition thanking king james ii for the declaration of indulgence issued in february . copy annotated above text in ms.: "this is printed by the papist watson of the abbey". reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : james ii). religious tolerance -- scotland -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the king's most excellent majesty . the humble address of the prebyterian ministers in his majesties kingdom of scotland . at edinburgh the twenty first day of july , in the year . may it please your majesty , we your majesties most loyal subjects , the ministers of the presbyterian perswasion in your ancient kingdom of scotland , from the deep sense we have of your majesties gracious and surprizing favour , in not onely putting a stop to our long sad sufferings for nonconformity , but granting us the liberty of the publick and peaceable exercise or our ministerial function , without any hazard ; as we bless the great god who hath put this in your royal heart , do withal find our selves bound in duty to offer our most humble and hearty thanks to your sacred majesty ; the favour bestowed being to us , and all the people of our perswasion , valuable above all our earthly comforts : especially since we have ground from your majesty to believe , that our loyalty is not to be questioned upon the account of our being presbyterians ; who , as we have amidst all former temptations endeavoured , so are firmly resolved still to preserve an entire loyalty in our doctrine and practice , ( consonant to our known principles , which according to the holy scriptures , are contained in the confession of faith generally owned by presbyterians in all your majesties dominions : ) and by the help of god , so to demean our selves , as your majesty may find cause rather to enlarge , than to diminish your favours towards us : throughly perswading ourselves , from your majesties justice and goodness . that if we shall at any time be otherwise represented , your majesty will not give credit to such information , until you take due cognition thereof : and humbly beseeching that those who promote any disloyal principles and practices , ( as we do disown them ) may be look'd upon as none of ours , whatsoever name they may assume to themselves . may it please your most excellent majesty , graciously to accept this our humble address , as proceeding from the plainness and sincerity of loyal and thankful hearts , much engaged by this your royal favour , to continue our fervent prayers to the king of kings , for divine illumination and conduct , with all other blessings spiritual and temporal , ever to attend your royal person and government ; which is the greatest duty can be rendred to your majesty , by your majesties most humble , most faithful , and most obedient subjects . subscribed in our own names , and in the name of the rest of the brethren of our perswasion , at their desire . holy-rood-house : printed by james watson , printer to his most excellent majesties royal family and houshold . . by the council of state. a proclamation. the council of state being informed, that since the officers of the armies under the lord generals command, by their late humble remonstrance and address, declared their resolution to observe such commands as they shall receive from his excellency, or the council of state, or the parliament when assembled; ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the council of state. a proclamation. the council of state being informed, that since the officers of the armies under the lord generals command, by their late humble remonstrance and address, declared their resolution to observe such commands as they shall receive from his excellency, or the council of state, or the parliament when assembled; ... england and wales. council of state. sheet ([ ] p.) printed by abel roper and tho. collins, printors [sic] to the council of state, london : [ ] title from caption and first lines of text. dated at end: fryday aprill, . at the council of state at vvhitehall. "the army having expressed its obedience, certain persons have tried to disturb the soldiers with a report that the arrears would not be paid. this is untrue and malicious." -- cf. steele. reproductions of the originals in the harvard university library and the british library. eng england and wales. -- army -- officers -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation. the council of state being informed, that since the officers of the armies under the lord generals england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ by the council of state . a proclamation . the council of state being informed , that since the officers of the armies under the lord generals command , by their late humble remonstrance and address , declared their resolution to observe such commands as they shall receive from his excellency , or the council of state , or the parliament when assembled ; some persons designing to obstruct the nations settlement , have not been wanting to endeavour the removal of some in the army from their stability and temper ; and to accomplish so mischievous a design , have scattered and fomented ( among other untruths ) false rumours , that there is an intention to deprive the souldiers of their arrears of pay ; against which attempt the council are well perswaded the fidelity and interest of the souldiers will be a good security : yet to the intent a report so false in it self , and so destructive in its aim , may not make the more easie impressions upon any , through its passing uncontradicted , and thereby gratifie those only , who seek advantages , by lengthning out our troubles . the council of state do hereby declare , that it is not in their intention or thoughts , to retrench or abate any part of the arrears , that are , or shall be due to the souldiers , whilst they continue in the army , and in their obedience : but that on the contrary , it shall be their endeavour to encourage them , by taking care for satisfying their arrears , as soon as there shall be opportunity , in such sort as to make an actual , aswell as verbal confutation , to so false a suggestion . fryday aprill . . at the council of state at whitehall . ordered , that this proclamation be forthwith printed and published . john rushworth , clerk of the council . london , printed by abel roper and tho. collins , printers to the council of state . two seasonable discourses concerning this present parliament shaftesbury, anthony ashley cooper, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) two seasonable discourses concerning this present parliament shaftesbury, anthony ashley cooper, earl of, - . [ ], , [ ], p. s.n.], oxford [i.e. amsterdam? : . attributed to anthony shaftesbury. cf. halkett & laing ( nd ed.); bm. "... not oxford printing, but either of london or amsterdam, probably the latter"--madan . the first discourse has caption title "the debate or arguments for dissolving this present parliament ... november the th, "; the second, with separate paging, has divisional t.p. "a letter from a parliament man to his friend". reproduction of original in british library. imperfect: second discourse lacking on film. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - simon charles sampled and proofread - simon charles text and markup reviewed and edited - pfs batch review (qc) and xml conversion two seasonable discourses concerning this present parliament . oxford , printed in the year , . the debate or arguments for dissolving this present parliament , and the calling frequent and new parliaments . as they were delivered in the house of lords , november the th . . that it is according to the constitution of the government , the ancient laws and statutes of this realm , that there should be frequent and new parliaments , and the practice of all ages , till this last , hath been accordingly ; parliaments , both long before and after the conquest , were held three times a year , viz. easter , whitsontide , and christmas , during the space of eight days for each time , and so continued with some variations , as to the times of calling , and length of holding ; but always very short untill the reign of ed. . in the fourth year of whose reign there was a law made , that parliaments should be holden every year once , or more often , and how this law is to be understood , whether of a new parliament every year , or calling the old , is most manifest , by the practice , not onely of all the ages before , but of some hundred of years since that law : prorogations or long adjournments , being a thing neve● heard of untill latter years . and it is most unreasonable , that any particular number of men should for many years ingross so great a trust of the people , as to be their representatives in the house of commons ; and that all other the gentry ; and the members of corporations of the same degree and quality with them , should be so long excluded . neither is it agreeable with the nature of representatives to be continued for so long a time ; and those that choose them , not to be allowed frequent opportunity of changing the hands ; in which they are obliged to put so great a trust . the mutual correspondence and interests of those who choose and are chosen , admitting of great variations in length of time . how many in this present house of commons are there , whose business and acquaintance has not given them the occasion of the correspondence of one letter , ( for these many years ) with any person of those places for whom they serve ? how many may there be in future parliaments , if continued as long as this , that may be protestants when they are chosen , and yet may come in so many years justly to be suspected to have changed their religion ? nay , how many in this present parliament are there , who were chosen by the people when they were of the same adequate interest with them , and in length of time , by the favour and goodness of the prince , and their own great merits , are become officers in the court , and about the revenue ? this is not spoken to reflect on them , for many of them have behaved themselves very worthy of those places ; but yet themselves cannot say , that they are equally as free to act for those that choose them , as they were before : nor are they of the same interest , as when they were chosen ; for now they gain , and have the advantage by the peoples payments : and if they should say , they are the same men they were , we may call their fellow members that have sate with them to witness , whether the proverb be not true , that honores mutant mores , whether they have the same opinion , and the same freedom , they had before . nay , may it not be said without offence , that even in this house of commons , there are not a few , who , when they were chosen , were lookt upon as men of estates ; and are either since grown or discovered to be of that indigent condition , that they are much fitter to receive the publick maintenance , then give the publick money ; and it may be charitably supposed , that those gentlemen are so modest , as to be willing to lay down , if they could , the publick trust. but 't is most certain , that those places they serve for , would not be willing to continue them in it . there is no question , but 't is the kings undisputed prerogative to call and end parliaments when he please , and no man , nor number of men can limit him a time ; but the greatest prince cannot avoid the being limited by the nature of things ; representatives of the people are necessary to the making laws , and there is a time when it is morally demonstrable , that men cease to be representatives , there being circumstances and proprieties that distinguish every thing , as well as person in the world : so that to conclude this head , we owe the prince the observance of his time and place both for calling and duration of parliaments , and the prince owes us , not onely the frequencies of parliaments , but that our representations should be preserv'd to us in them . and further , if you consider the constitution of our government , where the king as head ( from whom all the vital and animal spirits are diffused through the body ) has the care of all , whose interest is to seek the welfare of the whole ; all being his , the strength of the nation being his strength , the riches his riches , the glory and honour , his glory and honour , and so on the contrary ; but least passion mistake flattery , or the ill designs of those about the prince , should make him grow cross to his real , and follow a destructive imaginary interest : there is an estate of hereditary nobility , who are by birth-right the councellors of the kingdom , and whose interest and business it is , to keep the ballance of the government steady , that the favourites and great officers , exceed not their bounds , and oppress the people , that justice be duely administred , and that all parts of the government be preserved entire ; yet even these may grow insolent ( a disease greatness is liable to ) or may by offices , dependencies , hopes of preferment , and other accidents , become , as to the major part of them , rather the obsequious flatterers of the court , then true supporters of the publck and english interest , and therefore the excellence of our government , affords us another estate of men , which are the representatives of the free-holders , cities , principal burroughs , and corporations of england , who by the old law , were to be new chosen once a year , if not oftner , so that they perfectly gave the sence of those that chose them , and were the same thing as if those were present that chose , they so newly coming from them , and so quickly returning to give an account of their fidelity , under the penalty of shame , and no further trust. thus you have in our english government , the house of commons affording the sence , the mind , the information , the complaints , the grievances , and the desires of all those people for whom they serve , throughout the whole nation . the people are thus secure , no laws can be made , nor money given , but what themselves , though at home , fully consent and agree to . the second estate in this government , is the lords , who are the councill , the wisdom , and judgement of the nation , to which their birth , education , and constant imployment , being the same in every parliament , prepares and fits them . the last , and supream of all , is the king , one who gives life and vigour to the proceedings of the other two ; the will and desires of the people , though approved by the wisdom and judgment of the lords , are abortive , unless he bids them be an act. humane reason can hardly contrive a more excellent government : but if you will alter this government , in any of the three parts of it , the disorders and inconveniencies incident to the nature of such alteration , must necessarily follow ; as for instance , the long continuance of any such as are entrusted for others , especially of such as have so great a power over the purse of the nation , must necessarily produce caballs , and parties , and the carrying on of private interests and court-factions , rather then the publick good , or the true interest either of the king or kingdom . how vastly is the priviledge of a parliament man encreased since the middle of the reign of h. . ? before , it was several times agreed by all the judges , and observed as the law , that a member and his servants , were exempted onely from arrests and outwlaries , but might be impleaded , sued , and attached by his land and goods ; yet now they must not be sued in any case , nor dispossessed of any thing during the time of priviledge ; nay , these two last sessions the priviledg must extend to exempt them even from the judicature of parliament it self : as also before the same king's reign the house of commons never thought of judicature , as being in the nature of their constitution uncapable of it ; but since they are not only become judges of their own priviledges , condemning and imprisoning their fellow - subjects at pleasure , and without an oath , and also judges of all elections , by which very often they , and not the places , chuse their fellow-members : but now 't is come to that , that the house of commons pass sentence on the lords proceedings , make new crimes , and add preinstruments to them by their own authority ; if you will ask the reason of this change , 't is plain that parliaments began in hen. 's time to be longer than they ought , that prince knowing that long parliaments were fitted to make great changes , they have been too frequent since , but never of that length as this ; besides all this , the long continuance of representatives renders them liable to be corrupted and won off from the publique-interest ; it gives them time to settle their cabals and interest at court , and takes away the great security the nation has ; that if it be possible to happen that the spiritual lords because of their great dependence on the crown , the popish lords being under the pressure of so severe laws , together with the court lords and great officers should in any future age make up a greater number of the house of lords , and should pass things very prejudicial to the publick , yet all should prove ineffectual , and the nation remain safe in an house of commons lately chosen that have not had time to learn new sentiments , or to put off their old principles at a good market . how great has been the modesty of this present house of commons , that having had the purse of the nation thus long in their hands , as being those that first begun the grants of subsidies and aids to the king , and so by consequence have all the addresses made to them , when ever the wants of the crown ( which in this active age are very often ) require it , that they have not made use of it to the prejudice of the publick , or to their own advantage ; it was a very high temptation , and might easily have rendered them in their own opinion more than lords , and they are rather to be commended that they insisted on no higher terms with the lords house , than wondered at for what they did ; considering the matter , ground , and the circumstances wherein they stood , and yet they were certainly mistaken , and not a little forgot themselves , when they would not allow the lords house a power of lessening the summs in any bill of subsidie or aid that they had once set ; which was not only directly contrary to the interest of the people that chose them , but against the ancient and express rule and custom of parliament , whereby it is clear if the commons grant five subsidies , and the lords agree but to four , that bill of subsidie need not be sent down to the commons for their consent to such an alteration . and they certainly were grown very high in their own opinion , and had a very low esteem for the lords , when they neglected the safety of their best friends in that house , and did almost with scorn refuse the passing of the bill for the more fair and equal tryal of peers , which in several sessions was sent down to them . how great were the apprehensions of all sober and wise men at every meeting of this present parliament during these late years , and how much is to be ascribed to the goodness of our prince , and to the vertue of the members of this present house of commons , that honours , offices , pensions , money , imployments and gifts had not been bestowed and accepted , and the government , as in france , denmark and other countries , made absolute and at the will of the prince ? how easie this may be done in future ages under such princes , and such an house of commons as may happen , if long and continued parliaments be allowed for law , may be made some measure of by this , where though the prince had no design , and the members of the house of commons have shewed so great candor and self-denial , yet the best observers are apt to think that we owe it to the strong and opposite factions at court , that many things of great alterations have not passed . and moreover , it cannot be passed over with silence , nor considered without great thoughts of heart , to what a price a member of the house of commons place is come ; in former times when parliaments were short and frequent , the members constantly received their wages both of their counties and burroughs ; many of the poorer burroughs petitioned to be excused from sending members , as not being able to bear their charge ; and were so : laws were made in favour of the gentry , that corporations should compel none but their freemen of their own town to serve for them ; nay you shall find in all the ancient returns of writs for knights of the shires , their sureties for their appearance returned with them : but now the case is altered , l. and l. and lately l. is a price men pay to be intrusted : 't is to be hoped the charity of those worthy persons , and their zeal for the publique interest has induced them to be at this expence ; but it were better to be otherwise , and there is a scurvy english proverb , that men that buy dear , cannot live by selling cheap . and besides all these , the very priviledge of the members , and of those they protect in a parliament of so long duration , is a pressure that the nation cannot well support it self under ; so many thousand suits of law stopt , so vast a sum of money withheld from the right owners , so great a quantity of land unjustly possessed , and in many cases the length of time securing the possession , and creating a title ; and 't is an observation not unworthy the making , that all this extent of priviledge beyond its due bounds has first risen from the members of the house of commons ; that house to this day pretends to forty days priviledge before and after parliament , the house of lords but twenty , and yet the priviledge of parliament is the same to both : and if the house of commons obtain their forty days to become law and custom , the lords will certainly enjoy the same priviledge ; but the cure of this evil is very easy in frequent and short parliaments , the members will affect no larger priviledges than are necessary and useful to them , for such as oppress and injure others cannot expect a second choice , and the present time is but short . to all this there are two objections that make a great sound , but have really nothing of weight in them ; the first objection is , that the crown is in danger if you call a new parliament . if those men be in earnest that urge this , it were to be wished they would consider well what are the men are likely to be chosen , and they are not difficult to be guest at through the whole kingdom , men of quality , of estates , and of the best vnderstanding ; such will never affect change , or disturb the kings government : a new parliament will be the nation , and that will never stick at small matters to render themselves acceptable to their prince . would the king have acquaintance with his people ? this is his way . would he have yet more the love of his people ? thus he is sure to have it . would the king have a considerable sum of money to pay his debts and put him at ease ? thus he cannot fail of it , nay he shall have it as a pledge of endearment between him and his people , they give it themselves , and they know the king receives it as from them . the english nation are a generous people , and have at all times exprest themselves ready to supply even the humours , and excesses of their princes , and some of the best beloved princes we have had were such as by warr , or otherwise put us to most expence : witness edward the st , edward the d , and henry the th ; but then always they were satisfied that the honour of the nation was preserved , and what ever private or personal excesses the prince had , yet the nation was secure , there was no design upon them , neither should their money or their strength be used against them ; all this is the happiness of our present state under our most gracious king. but how shall the people know and be secure it is so ? but by those they annually send up to parliament from amongst themselves ; whereas if the king should have a great sum of money given by this parliament , it would be lookt upon as theirs , not as the peoples gift , and the best of men with their circumstances cannot avoid the suspition , when they give much to have received some ; and men will not so chearfully undergo the burthen of a tax , and their own wants in the time of this general poverty , when they apprehend others have the thanks , and perhaps the reward of their sufferings . the second objection is with great apprehensions and passion urged by the bishops ; that the church and this parliament fall together . which objection how vain it is you will easily confess , if ( as was said before ) the persons that are like to be chosen be considered ; the dissenting protestants may very probably find more favour and ease , but the church can never suffer , either in her lands or dignities she now enjoys , by an house of commons consisting of men of the best quality and estates in england , as the next certainly will do : but , on the other side , what do the bishops mean by this assertion ? most certainly it is not their intent to make the interest of the church and the nation direct opposit and inconsistent one with the other ; and yet in saying this they confess , that this house of commons are not the true representatives of those they serve for ; that the people and they are of different minds ; that if they were to choose again , they would choose other men of other sentiments ; and it must be confessed that what ever is not natural is by force , and must be maintained by force . a standing parliament and a standing army are like those twins that have their lower parts united , and are divided only above the navel ; they were born together , and cannot long outlive each other . certainly that man is no friend to the church that wishes it a third incorporated with those two . to conclude this debate , the continuance of this present parliament any longer is unpracticable ; the breach this house of commons has made upon the lords is as unlikely to be repaired with these present men , as it is to be renewed by another house of commons of a new election ; if you consider the power , the courtship , and the addresses that these men have for so many years enjoyed and received , they may almost be forgiven if they think themselves greater men than the lords in the higher house ; besides it is very well known that many of the ablest and most worthy patriots amongst them have carried this difference to the greatest height with this only design , that by this means they might deliver the nation from the danger and pressure of a long continued parliament : whereas a new chosen house of commons , especially if it were fixt , and known that it could not remain long , could not be apprehended to have any affectation to exceed their just bounds , nor to renew a contest , where the interest of the people is manifestly on the lords side ; for besides the undoubted right and constant practice that the lords enjoy in the case of appeals from courts of equity , all other expedients when well considered , give the crown , the favourites and ministers the power over every mans estate in england . thus you see 't is the interest of all sorts of men to have a new parliament ; this will give the king constant and never-failing supplies with the hearts and good-will of his people : this will not only preserve the church in the honours , dignities and revenues she now enjoys , and make her the protectrix and asylum of all the protestants through europe , but will also encrease the maintenance of the ministry in corporations and great towns , which is now much wanting , and of great concern to the church . this will procure the dissenting protestants ease , liberty , and protection : the papists may justly expect by this to be delivered from that grievous pressure of penal laws they lie under , if they can be contented with being deprived of access to court ; bearing offices or arms : the great officers and ministers may under this enjoy their places undisturbed and in quiet , and be secure with a moderate conduct , and reasonable condescentions to attain that in a new parliament which they have by experience found is impossible in the old . in a word , there is not to be imagined an interest against this , unless there be an inveterate party still remaining in our world , who to compass their revenge , and repair their broken fortunes , would hope to see the act of oblivion set aside , and this happy monarchy turned into an absolute , arbitrary , military government ; but charity bids us hope there are no such men. die lunæ, . ianuar. . it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, shall come to the lodgings of any member of his house, and there doe offer to seale the trunkes, doores or papers of any members of this house, or to seize upon their persons; ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) die lunæ, . ianuar. . it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, shall come to the lodgings of any member of his house, and there doe offer to seale the trunkes, doores or papers of any members of this house, or to seize upon their persons; ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for tho. bates in the old bailie, [london] : . [i.e. ] title from caption and opening words of text. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . detention of person -- england -- early works to . great britain -- history -- charles i, - -- early works to . a r (thomason e _ ). civilwar no die lunæ, . ianuar. . it is this day ordered upon the question, by the commons house of parliament;: that if any persons whatsoever, s england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion decorative border and row of three shields. die lunae , . ianuar. . it is this day ordered upon the question , by the commons house of parliament ; that if any persons whatsoever , shall come to the lodgings of any member of this house , and there doe offer to seale the trunks , doores or papers of any members of this house , or to seize upon their persons ; that then such members shall require the aid of the constable to keep such persons in safe custody , till this house do give further order . and this house doth further declare , that if any person whatsoever shall offer to arrest or detain the person of any member of this house , without first acquainting this house therewith , and receiving further order from this house : that it is lawful for such member , or any person , to assist him , and to stand upon his , and their guard of defence , and to make resistance , according to the protestation taken to defend the priviledges of parliament . h. elsynge cl. par. d. com. printed for tho. bates in the old bailie . . a briefe discourse, concerning the power of the peeres and comons of parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. selden, john, - . this text is an enriched version of the tcp digital transcription a of text s in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a briefe discourse, concerning the power of the peeres and comons of parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. selden, john, - . cotton, robert, sir, - . [ ], p. t. paine], [london : . attributed to selden by stc ( nd ed.) and nuc pre- imprints. sometimes attributed to sir r. cotton.--cf. stc ( nd ed.). place of publication and name of publisher suggested by stc ( nd ed.). signatures: a⁴(-a ) b³. pages and misnumbered as and respectively. this item can be found at reel : and at reel : . reproduction of originals in the henry e. huntington library and art gallery and the harvard university library. includes bibliographical references. eng england and wales. -- parliament. great britain -- politics and government -- - . a s (stc ). civilwar no a briefe discourse, concerning the povver of the peeres and comons of parliament, in point of judicature. vvritten by a learned antiquerie, cotton, robert d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a briefe discovrse , concerning the povver of the peeres and comons of parliament , in point of judicature . vvritten by a learned antiquerie , at the request of a peere of this realme . printed in the yeare , . a briefe discovrse , concerning the power of the peeres and commons of parliament in point of judicature . sir , to give you as short an account of your desires as i can , i must crave leave to lay you as a ground , the frame or first modell of this state . when after the period of the saxon time , harold had lifted himselfe into the royall seat ; the great men , to whom but lately hee was no more then equall either in fortune or power , disdaining this act , of arrogancy , called in william then duke of normandy , a prince more active then any in these westerne parts , and renowned for many victories he had fortunately atchieved against the french king , then the most potent monarch in europe . this duke led along with him to this worke of glory , many of the younger sons of the best families of normandy , picardy and flanders , who as undertakers , accompanied the undertaking of this fortunate man . the usurper slaine , and the crowne by warre gained , to secure certaine to his posterity , what he had so suddenly gotten , he shared out his purchase retaining in each county a portion to support the dignity soveraigne , which was stiled demenia regni ; now the ancient demeanes , and assigning to others his adventurers such portions as suited to their quality and expence , retaining to himselfe dependancy of their personall seruice , except such lands as in free almes were the portion of the church , these were stiled barones regis , the kings immediate freeholders , for the word baro imported then no more . as the king to these , so these to their followers subdivided part of their shares into knights fees , and their tennants were called barones comites , or the like ; for we finde , as in the kings writ in their writs baronibus suis & francois & anglois , the soveraigne gifts , for the most part extending to whole counties or hundreds , an earle being lord of the one , and a baron of the inferiour donations to lords of towne-ships or mannors . as thus the land , so was all course of judicature divided even from the meanest to the highest portion , each severall had his court of law , preserving still the mannor of our ancestours the saxons , who jura per pages reddebant ; and these are still tearmed court-barons , or the freeholders court , twelue usually in number , who with the thame or chiefe lord were judges . the hundred was next , where the hundredus or aldermanus lord of the hundred , with the cheife lord of each townshippe within their lymits judged ; gods people observed this forme in the publike centureonis & decam judicabant plebem omni tempore . the county or generale placitum was the next , this was so to supply the defect , or remedy the corruption of the inferior , vbi curiae dominorum probantur defecisse , pertinet ad vice comitem provinciarum ; the iudges here were comites , vice comites & barones comitatus qui liberas in hoterras habeant . the last & supreme , & proper to our questiō , was generale placitum aupud london universalis synodus in charters of the conquerour , capitalis curia by glanvile , magnum & commune consilium coram rege et magnatibus suis . in the rolles of henry the . it is not stative , but summoned by proclamation , edicitur generale placitum apud london , saith the booke of abingdon , whether epium duces principes , satrapae rectores , & causidici ex omni parte confluxerunt ad istam curiam , saith glanvile : causes were referred , propter aliquam dubitationem quae emergit in comitatu , cum comitatus nescit dijudicare . thus did ethelweld bishop of winchester transferre his suit against leostine , from the county ad generale placitum , in the time of king etheldred , queene edgine against goda ; from the county appealed to king etheldred at london . congregatis principibus & sapaientibus angliae , a suit between the bishops of winchester and durham in the time of saint edward . coram episcopis & principibus regni in presentia regis ventilate & finita . in the tenth yeere of the conquerour , episcopi , comites & barones regni potestate adversis provinciis ad universalem synodum pro causis audiendis & tractandis convocati , saith the book of westminster . and this continued all along in the succeeding kings raigne , untill towards the end of henry the third . as this great court or councell consisting of the king and barons , ruled the great affaires of state and controlled all inferiour courts , so were there certaine officers , whose transcendent power seemed to bee set to bound in the execution of princes wills , as the steward , constable , and marshall fixed upon families in fee for many ages : they as tribunes of the people , or ex plori among the athenians , growne by unmanly courage fearefull to monarchy , fell at the feete and mercy of the king , when the daring earle of leicester was slaine at evesham . this chance and the deare experience hen. the . himselfe had made at the parliament at oxford in the . yeare of his raigne , and the memory of the many straights his father was driven unto , especially at rumny-mead neare stanes , brought this king wisely to beginne what his successour fortunately finished , in lessoning the strength and power of his great lords ; and this was wrought by searching into the regality they had usurped over their peculiar soveraignes , wherby they were ( as the booke of saint albans termeth them . ) quot dominum tot tiranni . ) and by the weakning that hand of power which they carried in the parliaments by commanding the service of many knights , citizens , and burgesses to that great councell . now began the frequent sending of writs to the commons , their assent not onely used in money , charge , and making lawes , for before all ordinances passed by the king and peeres , but their consent in judgements of all natures whether civill or criminall : in proofe whereof i will produce some few succeeding presidents out of record . when adamor that proud prelate of winchester the kings halfe brother had grieved the state by his daring power , he was exiled by joynt sentence of the king , the lords & commons , and this appeareth expressely by the letter sent to pope alexander the fourth , expostulating a revocation of him from banishment , because he was a church-man , and so not subject to any censure , in this the answer is , si dominus rex & regni majores hoc vellent , meaning his revocation , communitas tamen ipsius ingressū in angliā iam nullatemus sustineret . the peeres subsigne this answer with their names and petrus de mountford vice totius communitatis , as speaker or proctor of the cōmons . for by that stile sir john tiptofe , prolocutor , affirmeth under his armes the deed of intaile of the crowne by king henry the . in the . year of his raigne for all the commons . the banishment of the two spencers in the . of edward the second , prelati comites & barones et les autres peeres de la terre & communes de roialme give consent and sentence to the revocation and reversement of the former sentence the lords and commons accord , and so it is expressed in the roll. in the first of edw. the . when elizabeth the widdow of sir john de burgo complained in parliament , that hugh spencer the yonger , robert boldock and william cliffe his instruments had by duresse forced her to make a writing to the king , whereby shee was despoiled of all her inheritance , sentence is given for her in these words , pur ceo que avis est al evesques counts & barones & autres grandes & a tout cominalte de la terre , que le dit escript est fait contre ley , & tout manere de raison si fuist le dit escript per agard del parliam . dampue elloques al livre a la dit eliz. in an. . edw. . it appeareth by a letter to the pope , that to the sentence given against the earle of kent , the commons were parties aswell as well as the lords & peeres , for the king directed their proceedings in these words , comitibus , magnatibus , baronibus , & aliis de communitate dicti regni ad parliamentum illud congregatis injunximus ut super his discernerent & judicarent quod rationi et justitiae , conveniret , habere prae oculis , solum deum qui eum concordi unanimi sententia tanquam reum criminis laesoe majestatis morti adjudicarent ejus sententia , &c. when in the . yeere of ed. . the lords had pronounced the sentence against richard lions , otherwise then the commons agreed they appealed to the king , and had redresse , and the sentence entred to their desires . when in the first yeere of richard the second , william weston and john jennings were arraigned in parliament for surrendring certaine forts of the kings , the commons were parties to the sentence against them given , as appeareth by a memorandum ānexed to that record . in the first of hen. the . although the commons referre by protestation , the pronouncing of the sentence of deposition against king rich. the . unto the lords , yet are they equally interessed in it , as it appeareth by the record , for there are made proctors or commissioners for the whole parliament , one b. one abbot , one e. one baron , & . knights , gray and erpingham for the commons , and to inferre that because the lords pronounced the sentence , the point of judgement should be onely theirs , were as absurd as to conclude , that no authority was best in any other commissioner of oyer and terminer then in the person of that man solely that speaketh the sentence . in . hen. . the petition of the commons importeth no lesse then a right they had to act and assent to all things in parliament , and so it is answered by the king ; and had not the adjournall roll of the higher house beene left to the sole entry of the clarke of the upper house , who , either out of the neglect to observe due forme , or out of purpose to obscure the commons right & to flatter the power of those he immediately served , there would have bin frequent examples of al times to cleer this doubt , and to preserve a just interest to the cōmon-wealth , and how conveniently it suites with monarchy to maintaine this forme , lest others of that well framed body knit under one head , should swell too great and monstrous . it may be easily thought for ; monarchy againe may sooner groane under the weight of an aristocracie as it once did , then under democracie which it never yet either felt or fear'd . finis . notes, typically marginal, from the original text notes for div a e- liber s. alban ▪ fo. . ● ▪ an. . h. . 〈◊〉 orig. sub ●igil ▪ a●●h . ● rot. parl ▪ ●● e. . vel . ● . prelation●● parliam . . ed. . rot . 〈…〉 〈…〉 〈…〉 the long parliament dissolved holles, denzil holles, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the long parliament dissolved holles, denzil holles, baron, - . , [ ] p. s.n.], [london : . attributed to lord holles. cf. bm, dnb, halkett & laing. place of publication from wing. reproduction of original in duke university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion the long parliament dissolved . deut. . . cursed be he that removeth his neighbours land-mark : and all the people shall say , amen . printed in the year , . the long parliament dissolved . wisdom saith , there is as vvell a time to speak , as a time to be silent ; and though wise men are often hardly put to it , to know the proper seasons of the one or the other : yet where necessity hath left no choice , but absolutely imposeth one upon us , there can be no srait upon the judgment . and would to god it could not be made most demonstrable that such a necessity we are under at this time . for no less than the lavvs , and with them the lives , liberties and properties of every english-man is at stake ; and we , with all other our fellow english-men , are under the highest obligation to break our guilty silence , or with our tongues in our mouthes , see all our antient rights raped from us and our posterity for ever ; and our living child of liberty and property , slily stolen from our sides , and a dead one of vassalage and misery laid in its room . wherefore on our own behalf , and the behalfes of all other the people of england , we crave leave to speak . as reason differenceth men from bruits , so lavvs ( which are but the results of reason ) doth difference free-men from slaves : for it is lavv only which makes and secures our liberties and properties , that neither they nor we , are governed as beasts by will and pleasure ; but lays such a restrant upon the government , as that it cannot do to us , or any thing that is ours , ad libitum , but must govern as the lavv directs . hence was it that the wisdom of our ancestors laid out itself more , to legally secure our lives , liberties and fortunes from all wrongs from the government , than from the private injuries of one man to another : for they knew that occasional and temporary lavvs would easily be made to restrain these , if they did ; but to secure the other , make sure provision of frequent parliaments : for they had so glorious a value of , and kindness for our english liberty , that they would not trust the guardianship thereof to any under heaven , but to the people themselves . and therefore that they might have a continued assurance and a perpetual satisfaction that their liberties should continue in statu quo , it was ordained , that for the maintenance of the said liberties , and remedy of mischiefs and grievances that daily happen , a parliament should be held once every year , . edw. . cap. 't is true , some of our kings have omitted the holding of parliaments for a longer time than a year , and the people have silently waited , and born that omission . and in like manner so have we , notwithstanding his majesties coronation oath , and his many most solemn and oft repeated promises for the keeping of the lavvs ; and yet continuing a parliament of the prodigious length of or years , till they were not the representatives of the one half of the people of england : yet , we say , we held our peace . and though we know , that all the people of england have equal right to be represented , and could make it demonstrable , that a parliament of that length can never be the representative of half the people ; for all from years of age to , which are the major part of the people of england , both in number and vigor , and the flower and strength of the kingdom , and that are only able to defend it from any enemies or invasions , were never represented in this parliament ; and that the major part of those that were represented , never so much as thought or intended that the trust they gave , should be continued to such a monstrous duration for the gentry of england , who think themselves born to have their share in ruling as well as being ruled , judge it a very hard thing upon them , that they should be secluded from their hopes of having the honour to serve their king and country in parliament ( the greatest schole of knovvledge and improvement in the kingdom ) be bound to walk in the hall , or like laquies , wait in the lobby all their lives long , and see persons hold the seats , as if they had each of them a pattent for his place ; whereas if we had annual parliaments according to law , there might gentlemen have served in parliament since the kings restoration , which had been a great accomplishment to the kingdom ; and that there being at least gentlemen in the kingdom , and many of them of as good brains , families and fortunes as any in the house , should be debarr'd from that highest trust and honour , and should be forced to dance attendance all their dayes on only , would have provoked any nation in the world to have spoke but we . and yet for all this we were silent and resolved to wait with patience : for we considered , though we had not what we ought to have , yet it was but still a sin of omission , and did think with our selves , that some circumstances of affairs abroad , and the poverty and discontent of the people at home , would at last reduce things into their old and proper order , and that we should at length see parliaments in their antient legal channel again , and both king and people reaping the fruits and blessings , that would flow from thence . but in stead thereof , to our great amazement , all on the suddain , we found our selves plunged into a far greater extremity than ever ; for whereas before parliaments were only omitted or continued longer than the law intended , but now by the last prorogation , the king hath positively ordered that a parliament shall not be held within the time appointed by law : so that the matter is come to this narrow issue , that either this prorogation is null , and the parliament as an end , or , all our laws are of no effect . and therefore we appeal to mankind in general , and more particularly to every member of the late parliament , whether we are not reduced to an unavoidable necessity of breaking our silence . for , our law ( viz. ) . edvv. . cap. . . ed. . cap. . . edvv. . no. . . ed. . no. — . rich. . no. . do positively appoint the meeting of a parliament once vvithin a year . but directly contrary to all these statutes , this last prorogation doth order the parliament not to meet within a year , but some months after . and therefore either this prorogation is null and void in law , and consequently the sitting and acting as a parliament is at an end , or else by your sitting and acting , you will admit and justify , that a particular order of the king is to be obeyed , tho contrary to an act of parliament , of what importance soever ; and thereby at once subvert the whole government of england by law. the dreadful consequences whereof would fill any true english-man with indignation to consider . for if a particular order of the king is to be obeyed contrary to all those laws , made for holding parliaments for the maintenance of all the laws of the kingdom , and remedy of mischiefs and grievances which daily happen , then another particular order of the kings , contrary to magna charta ; and another order of the kings , contrary to the petition of right ; and another particular order of the kings , contrary to the statute de tallagio non concedendo , must also be obeyed . so that then the king may by his particular order take away any mans life , liberty or estate , when ever he pleaseth : and our condition is changed from that of freemen , to be worse than that of villaines : for tho the lord had the power over his villaines goods and liberty , yet he had not a power over the life of his villaine , that the law secured to him . but of the kings particular order contrary to law , must be obeyed , we have nothing to secure our very lives unto us . for if our lives , liberties and estates have their security from the lavvs only , and the lavvs have their maintenance from parliaments , then if a particular order of the kings , concerning the sitting of parliaments must be obeyed contrary to all these acts , made for holding of parliaments , the king when ever he pleaseth may take away both the laws which should secure us , and parliaments which should secure our laws , and then in what a condition we shall be left , ( we conceive ) both you and we may easily judge ; for now if any threatens to take away our lives arbitrarily , and without the legal judgement of our peers , or our liberties without shewing cause in law , we can answer magna charta will not suffer you . if any threaten to violate our properties , we can now answer the petition of right will not suffer you . if any attempt to raise money without consent in parliament , we can yet say no , the law de tallagio non concedendo will not permit you . but if the kings particular order contrary to these laws must give supercedias to them , and be obeyed by us , what have we to answer then ? for you throw the whole people of england on their knees to beg for their lives , and for what part of their liberties and propeties will and pleasure will please to spare them . the lavvs are the banks and fence of our lives , and all that we can call ours , so that no man can wrong us , neither in our persons nor our properties , but we can strait run to them for right , but if contrary to lavv , an order of the kings , that breaks down these banks and bounds , and like an inundation overflows all our freedom , must be obeyed , what end will there be of our miseries ? where will it stop ? or who , or what can stop it ? now t is injustice in any person whilest our lavvs govern us , to take any thing that is ours illegally from us , but if the kings order against our lavvs must be obeyed , 't will be mercy that any thing of ours is left us . nay to say truth , then all is his , and we have nothing that we can call ours , for 't is lavv alone that makes property . nor are our written lavvs and statutes only subverted , but the common lavv may also by the same rule : for if an order of the king must be obeyed , against acts of parliament of the highest importance , and most universal concern , then also may his order be obeyed against the common lavv ; and then whereas by the common lavv every member of parliament is to have days summons before the meeting of parliament , that he may have time sufficient to prepare himself to come up and attend the discharge of his duty , that there may be a full assembly , and nothing done upon the catch , nor by a party ; the kings order contrary to this law may restrain the dayes to , , , days , nay hours if he please ; and it may be easily supposed , he cannot want a quorum of each house of his own servants and officers who may dispatch what lavvs soever he pleaseth , though to the total alteration of the government , before any from the country can come up to hinder it . and not only the statute and common lavv , but lex & consuetudo parliamenti , the laws and customs of parliament , is likewise subverted . for whereas by that law and custom of parliament members and a speaker makes a house , this or any succeeding kings , may be the same power , order that , nay , or any less number shall make a house , and then a parliament may be packt with ease at pleasure . and the law and custom of parliament allowes freedom of debate , and indemnisies every member that speaks his mind , from any other judgement but that of their own bar ( from which freedom it hath the denomination of parliament ) but if a private order of the king or his successors must be obeyed , the members of either house may be brought to answer for their freedom of speech at the kings-bench-bar and from thence at a worse place , and they have no law left nor custom of parliament to relieve them . we might instance in many other laws and customs of parliament , by which extraordinary priviledges are given to the whole parliament , and to every member thereof in particular , but that would rather be sit a volumn than such a discourse : wherefore we will shut up this point with this conclusion : that if you do admit that the kings order , contrary to lavv , must be obeyed , you do admit , that the king and his successors , may hold parliaments only vvhen they please , and when they do hold them , may make them do vvhat they please ▪ nay , that they may vvith or vvithout parliaments make lavvs , or make their particular orders and proclamations go for lavvs ▪ raise money , and do to parliaments , and all the people of england , to their lives , to their liberties , in to their estates , vvhatsoever either the kings themselves , their ministers , or the vvorst of evil counsellors can desire . an admission so impudent that the french tyranny came in more modestly than this . for the french king introduced his absolute rule by courtship , he pray'd a lavv to order him to raise money but till their next meeting , and that neither but if there vvere occasion . which the parliament by inadvertency granted and have never met since . but he did not issue out an order contrary to the laws , and bare-fac'd impose his will upon them : for tho they were french-men they could never endure that : and shall english-men ▪ not by inadvertency , but upon deliberation patiently suffer the self same yoak to be put upon them , on worser tearms ? this we say not , gentlemen , by way of acknowledgement that you are in a legal capacity now , to do us either good or hurt , for your day is done , and your power-expired , but that you may not like a snuffe , smell ill after you are out . for the only reason why we more particularly direct our selves to you , is , because of the character you have born , that therefore you should not so much as seem to give prerogative the upper hand of the law , that however you lived , yet all may say and witness for you , that you dyec . well and made a worthy end. for , it is now no time to flatter you , and therefore we deal truly with you ; things are at their issue , and either you are dead or our laws are so : but our laws , we are sure are living , and we trust will live to all generations , though there are some gentlemen of your assembly , so desirous of longer life , that they labour mightily to perswade the world , that the laws we mention for annual parliaments , are repealed : but if they are , 't is this prorogation hath repealed them : forthey were declared to be in force when the triennal act was made , in caroli primi ; and so they are in the statute for repealing that triennal act , in caroli secundi , in these notable words . and because by the ancient lavvs and statutes of this reals made in the reign of king edw. . parliaments are to be held very often , &c. and how this act should title the● the antient lavvs and statues of this realm , and say , that by them parliaments are to be held very often , if they were repealed and were no laws and statutes of the realm , is wondrous strange . for if they were no laws and statutes , then certainly parliaments are not to be held very often , nor at all by them ; but that law affirms , they are the antient laws and statutes of the realm , and such laws and statutes that parliaments are to be held by them : so that you see these laws were declared in force , even by your se●ves in the sixteenth year of his majesties reign , and we are sure there hath been no new parliament since to repeal them , however we hope the whole nation will strictly observe every man among you ▪ that to sit a little longer yet , would sacrifice to this prorogation , the very best laws ( and in there all the laws and liberties ) of england . therefore let not any delude you with such little pittiful objections , that you your selves are ashamed to acknowledge for your own ; and urge them only as other mens opinions for these sorry doses will never do , no nor the highest cordial they can propose , your voting your selves alive : for miracles are ceased , and if they were not , raising a dead parliament to life again , is beyond the power of any mortal , and one of those works that ceaseth for ever . 't is very strange to see how these gentlemen wriggle about , and like drowning persons catch at every straw to save them . yesterday they urged these laws were repealed , and now they see they can do no good there , to day they acknowledge that they are in force , and apply all their wit to prove that the laws may stand , and this prorogation too : for say they , those laws do appoint , we shall have a parliament once a year , and so we shall have for all this prorogation ; for we had a parliament in , and we shall have a parliament in ; this is a very fine account : but according to this computation there may be , , or months as well as in a year : but he is a very novice in our law , that knows not , that whereever a year , every year , vvithin a year , yearly , or once a year , is mentioned in any statute , it is to be understood tvvelve months only , and not one day more or less : as may be seen in the statutes of usury , recusancy , conformity , appeals for murder , and all other statutes , wherein a year is expressed . and it is more repugnant to reason to understand by a year in these statutes more than tvvelve months , than in any of the former ; for the following words , and more often , if need be . and the urging the reason of their frequency ; for the maintenance of the lavvs , and the remedying of grievances and mischiefs vvhich daily happen , do plainly shew , that the laws do not intend that parliaments should alwayes be intermitted for so long as tvvelve months , but never longer . but these gentlemen would rather alter out very language , and the common acceptation of words , than cease to be a parliament . and therefore this last prorogations is null in law , in ordering a parliaments shall not be held till fifteen months , contrary to the laws that order , a parliament shall be held once every year , and if the prorogation be null , you are null'd therewith . now do not think to salve your authority by your own vote , for we and all men must tell you , that no parliament that is not an●ocedently so , can make it self a parliament by vote , and nothing can be the cause of it self . vvell but now since neither the laws are recealed to make room for this prorogation , nor the prorogation and the laws are able to stand both together , these gentlemen hunt to find out a third expedient , and say , that if the prorogation be null , because of its illegal length of time , yet they are not thereby dissolved but only dismissed sine die , and to be recalled by the kings proclamation ; a subterfuge as vain as either of the former , and altogether as unable to answer the ends of those that urge it ; for if the kings prorogation was null in law , because it ordered the meeting of the parliament at a day of such an undue length as was contrary to the law , then how can a proclamation , ordering their meeting on the same day , make it good in law ? for the only thing illegal in the prorogation was the length of time ( for it s not to be doubted but his majesty may prorogue parliaments , so it be not contrary to law ) and to think that a proclamation for meeting at the same time ( or indeed at any time ) can cure the illegality of the prorogation , is but an absurd opinion , et uno absurd dato , mille sequuntur . and therefore we affirm , that a prorogation or dismission sine die , was one of the antient forms of dissolving parliaments , for a parliament so dismissed , never sat again , nor was it ever done in any other case . and good reason , for otherwise all our laws would be utterly eluded : for if the laws appoint a parliament shall be holden once even year , and a prorogation comes and sayes no ; a parliament shall not be held till a year and a quarter , and after you see this prorogation null and void in law , you can slide your selves from under the proroga●ion ( and are content that there should be a nullity ) and shelter your selves under a sine die , and urge that on your behalf : we say ▪ could you do this . our laws were of no avail but meer cyphers only . and therefore we say first , that it is not really so ▪ for you were prorogued to a certain day , and not sine die ; and if the law make that day ( to which you are prorogued ) as impossible ever to come , as the thirtieth of february , we cannot help that ; but it is the only day upon which your being stands , and if by the law that day can never come , then by the same law you can never come . but were it so , yet still it were but as broad as long , for a prorogation sine die , is nothing but a dissolution neither , for there is no other sine die in nature but that : so that look which way you will , whether on the prorogation of the fifteenth of february , or a dismission sine die , the law shews you nothing but death ; and you love to be members of parliament a great deal better than we , if you will adventure your lives and fortunes , to sit after the lavv hath put a dissolution on you . edvvard the fourth held a parliament the eighth day of april , in the thirteenth year of his reign , which he prorogued to the sixth of october following , but being desirous to call them sooner , if the urgency of his affaires should require it , no other expedient could be found to enable the king to do it , but by a special act of parliament to adjorn them to that time , and yet if occasion did require to summon them sooner , which act was made with that caution and legal formality , that in the very record of that prorogation there is a salvo for the act of parliament , and the act it self recited , in haec verba , an the record . rot ▪ parl. ▪ edw. . cap. item , codem octavo die ap●ilis , post gratiasreditas ex parte dicto , domini regis , & ejus mandato per venerabilem p●●re , willm . bathon . & wellen , episcopum cancellarium praefact is dominis & omnibus tunc ibidem presentibus , de eorum bonis diligentiis & laboribus circa ea quo sibi ex parte regis injunct a fuerunt exhibitis & oftend . idem cancellarius ex mandato ejusdem dom. regis ulterius declaravit qualiter idem dominus rex , sacrum tempus quadragesimate tunc instans & fere praeteritum , ad sacrum festum paschae , tune quasi in proxinie existens , quamque , necessarium atque placabile esset , tam dominis quam communibus , dicto parliament to intendentibus ad suas libertates existere , aliasque causas urgentes , ipsum dominum regem & regnum suum angliae concernentes , debitae discussionis libramine , ponderans parliamentum suum predictum , usque sextum diem octobris tunc proximum futurum , ad idem palatium apud westminster , quo tunc erat tentam , tunc ibide●●te●end . ●ensuit prorogand . & adjornand . & illud realiter sic prorogavit & adjornavit , omnibus & singulis quorum intersuir firmiter injungendo quod ad dictum sextum diem octobris apud dict palacium westmin . excusation quaerunque , cessante personaliter convenient in negotiis dicti parliamenti processurus . — salva semper praefato domino regi conditione in quodam actu authoritate dicti parliamenti super hujusmodi prorogatione & adjornatione edito contenta : cujus quidem actus tenor de vero in verbum hic subsequenter inseritur , viz. formsmuch as the king intendeth to prorogue and adjourn this his present parliament to this his palace of westminster , unto the sixth day of october next coming , then , there to be holden . it is ordained by the authority of this present parliament , that all-be-it any such prorogation and adjournment be had , yet if for any urgent cause moving his highness , it shall be thought to the same behoveful , to reasume , reassemble , and have appearance of this his said parliament , at any time or place , within this his kingdom , asore the said fixth day of october , that then at his pleasure he may direct his several writs to the sheriffe or sheriffes of every shire of this his realm to make open proclamation in every shire-town , that all lords spirituall and temporal , being lords of parliament , and all knights of shires , citizens of cities , and burgesses of broughs returned in this present parliament , personally appear at such day and place , as in the same writs of proclamation shall be specified : so alwayes that every of the said writs be made out twenty days or more before the said day of appearance limited by the same : and that such appearance at that day and place , to be limited by the said writs , be taken and had of like force and effect , as if the same king had prorogued and adjourned this his said parliament unto the same day and place . and that then the said prorogation and adjournment to be had to the said palace of westminister unto the said sixth day of october to be void and of none effect . and in this instance , there are these two things observable . first , how careful our ancestors were in all their concessious to their king ; that they did no : damage their laws ▪ and thereby hurt the people , who had entrusted them . and next . that that was a very learned age and had the assistance of littleton and hussey two as great lawyers as any one time hath produced . and certainly all this trouble , care and pains , both to king and parliament might have been saved , if either that age or those learned men could have found out the expedient of a parliament prorogued or adjourned , sine die , but there was none . and t is well that there is not ; for if the king by prorogation , sine die , may hold a parliament but in fifteen months , then by a prorogation sine die , he may not hold them if he please but in fifteen year , nay not hold them ( if he please ) but in fifteen year , nay but in twice or thrice fifteen if he will. and on the other hand . if the king by a prorogation sine die , may hold a parliament , then he may call them in together again in or dayes , when all the country members are returned to their homes , and none can attend by reason of the suddennesse thereof , but such as the king may hope for any thing from ( as we have already intimated ) : so infinite are the mischiefs that would attend a sine die prorogation , that , god be thanked , our laws and ancestors would never abide it ( in any other sencethan we have said ) and therefore do not think the people of england will ever do that indignity to their lavvs ! that dishonour to the finger of god , which by so stupendious and over-ruling a providence hath dissolved you ! or that dis-service to their own interest , as ever to acknowledge you any more for their representative . sine die , being thus unable to help in this matter , these gentlemen are forced to return again to the prorogation , as seeing a uecessity to stand or fall by it , and either to make that good , or to be totally routed , and therefore their last labour spends it self in tumbling the records , to find out presidents , as if presidents could prevail against law , and 't is boasted by them ( with mighty joy ) that they have at last found out one president in q. eliz reign , wherein a parliament was prorogued for three dayes more than a year . but we say , this is no president at all , but only one illegal fact , and that there is but one in nigh years : and prorogations make very little for the honour of those that urge it . but if this were a president , what would it avail , since it is directly contrary to so many known lavvs ▪ for if a president can make an illegal thing lawful , there is no wickedness under the sun , but may bring a president to warrant it . and therefore the greatest sages of the law have alwayes asserted , that the lavv is the met-vvand and standard of presidents ; and that all presidents against the lavv , vvere to be rejected as vvicked and unvvarantable , or else you give presidents the mastery over the lavv ; nay null the lavv , and set up a new rule of our practice . we have presidents , and very an●ient presidents to that that this kingdom was of the romish profession ; what is it therefore warrantable for us to follow those presidents contrary to law and turn papists ▪ we have a president that king john , contrary to law , resign'd the realm of england to the pope , is it therefore lawful for any other king of england to do the same ? vve have also a president that queen eliz. ( from whence your president is fetch'd ) contrary to law ▪ imprisoned some members of the house of commons for speaking their mind in parliament , is it therefore ever the more lawful for the king and his successors to violate your priviledges ? vvherefore unless the presidents be lawful , it is not lawful to follow your presidents , unless you your selves would be made presidents to future ages . and therefore it was well said by the lord chief justice brampston , we are not to stand upon presidents , but upon the lavvs , and the presidents look either the one vvay or the other , they are to be brought back unto she lavv. and the lord justice vaughan tells you thus ; though presidents have been so often that they may be called by the name of usuage , yet that , if usuage hath been against the obvious meaning of an act of parliament , in the vulgar and common acceptation of the word , then is it rather an oppression of those concerned , than an exposition of the act. vvherefore unless you will stand upon record as the oppressors of all the people of england ( for no less than all the people of england are concerned herein ) you can never admit of any president against the obvious meaning of not one act alone , but so many acts of parliament , and that not in a wrested sence , but in the plain vulgar and common acceptation of the word . your duty lying thus manifestly before you , there is nothing worthy a man that can obstruct you . for it is only the single fear , that the people will not choose you again , that canmake you deny it , and to deceive any , in thetrusts they have given you , because you doubt they will credit you no more , is but an odd kind of honesty , neither does the policy thereof look over strong , for to be sure your betraying your trusts , in opposing the laws and the interest of the people , is never the way to be chosen again . but on the contrary , your stout and faithful standing for , and defending them , is an infallible way to have your trusts renewed . and to think to keep it against the peoples will , is a weakness too great for any man , that would be reckoned more than once removed . — pray remember your elder brother , the former long parliament , they would sit against the peoples desire , and yet , though they had a special act of parliament for their sitting , and an army to back that act , yet you see when the peoples minds were turned against them , do they and their army what they could , the people never left till they had unroosted them ; they took such vengeance on them , as cost many of them their lives , their , liberties , and the fortunes of almost all of them : all which it is possible might have been saved , had they observed their season , and instead of imposing themselves , let the people have had their yearly representatives ; for lack of which , the dissatisfaction and revenge of the people was engaged against them , so that it was engaged against them , so that it was themselves that first pull'd dowin ruine upon their own heads . for by their long sitting , they wearied the roundhead , as you have done the cavalire , and the worst omen that befa●ls a government , is , when its friend falls from it , and look what was the reason that turned the gentlemen that were on the parliament side against them ▪ and you will find the self-fame reason turneth your old friend against you ; for as they stomack'd it then , to see a few of themselves , perpetuating their own rule to the exclusion of all others so do we now . and if the nation would not endure that parliament ( though they had a law for their sitting , because of their strange and unwonted length , can you think the same people will abide your longer sitting in express and utter defiance of all the laws of the kingdom ? and shall it be told to future generations , that england chose a parliament in sixty one , who after they had sate fifteen years , and were by an illegal prorogation , legally dissolved , yet out of a wretched unconscionable desire to sit yet longer ; betrayed the people that chose them ▪ and sate upon a prerogative account , contrary to the knovvn laws of the kingdom . nor let any man think it strange that we account it treason for you to sit and act contrary to our laws : for if in the first parliament of richard the second , grimes and weston , for lack of courage only , were adjudged guilty of treason for suarendring the places committed to their trust ; how much more you ? if you turn renegadoes to the people that entrusted you ? and as much as in you lies surrender , not a little pittifull castle or two , but all the legal defence the people of england have for their lives , liberties and properties at once . ne●ther let the vain perswasion delude you that no president can be found that one english parliament hath hang'd up another , ( though peradventure even that may be proved a mistake ) for an unpresidented crime calls for an unpresidented punishment , and if you shall be so wicked to do the one ( or rather endeavour to do , for now you are no longer a parliament ) what ground of confidence you can have that none will be found so worthy to do the other , we cannot understand , and do faithfully promise ( if your unworthyness do provoke us to it ) that we will use our honest and uttermost endeavours whenever a new parliament shall be called ) to choose such as may convince you of your mistake . the old and infallible observation , that parliaments are the pulse of the people , shall loose its esteem , or you will find that this your presumption was overfond , however it argues but a bad mind to 〈◊〉 because it believes it shall not be punished . but all grand offenders against the law ever were of that belief , but it hath faild them very oft , for andrevv horn in his mirror of justice , tell us , that alfred hanged darling . segnor , cadvvine , cole and judges more for judging contrary to law : and yet all those false judgements were but in particular and private cases and concernments , not upon the laws themselves . and our histories of later times say , that sir w. thorp , chief justice of the kings bench , in the reign of edvv. . for receiving but one poor hundred pounds in bribes , was for that alone , adjudged to be hang'd , and all his lands and goods forfeited , and this reason rendred for his condemnation , becruse thereby , as much as in him lay , he had broken the kings oath made unto the people , vvhich the king had entrusted him vvithall . and in the th year of richard the second , the lord chief justice trisilian was hanged drawn end quartered , for giving his judgement that the king might act contrary to one particular statute . and black the kings council , and uske the unde-sheriff of middlesex , with more persons of quality were also hagng'd for but assisting in that case . and in the first year of hen. . empson and dadley ( notwithstanding they were two of the kings privy council ) were hang'd for procuring and executing an act of parliament , contrary to the fundamental laws of the kingdom , and to the great vexation of the people . and in the of hen. . cardinal woolsey was accounted guilty of high treasor . for endeavouring to sublert the common laws of the land and to introduce the civil law in its stead . divers later instances might be given , but that it is not prudence to follow truth too close at the heels , neither will it be necessary to name more , if these are well considered ; for if the lord chief justice thorp , for receiving the bribery of a hundred pounds was adjudged to be hanged , as one that had made the king break his oath to the people , how much more guilty are they of making the king break his coronation oath , that perswad him to actagainst al the laws for holding parliaments which he is sworn to maintain ? and if the lord chief justice tresilian was hanged , drawn and quartered , for advising the king to act contrary to one statute only , what do they deserve that advise the king to act not only against one statute , but against all thess antient laws and statutes of the realm ! and if blake the kings council , but for assisting in the matter , and drawing up inditements by the kings command , contrary to law , though it is likely he pleaded the kings order for it , his duty to do it , and that it was but pro forma , what he did , yet if he was hang'd , drawn and quarterd for that , what justice is due to them that assist in the total destruction of all the laws of the nation ▪ and if uske ( the under-sheriffe , whose office t is to execute the laws ) for but in deavouring to aid tresilian , blake and their accomplices , against one single statute , was also with more hang'd drawn and quartered , what punishment do they deserve , that ayd and endeavour the subversion of no less than all the laws of the kingdom ? nay , if empson and dudley tho they had an act of parliament on their side , yet that act being against the known laws of the land , were hang'd as traitors for putting that statute in execution , and if woolsey was accounted guilty of high treason for endeavouring to exchange the laws of england for the civil laws ? how great must be your condemnation , and of how much sorer punishment must you be judged worthy if you shall but endeavour to sit and act as a parliament upon this prorogation ? for you have not only no law to plead , as dudley and empson had , but are directly contrary to all our laws , of every kind : and you will thereby not onely atempt to exchange our lawes , as woolsey did , but to put us into a state of no law at all . having thus faithfully discharged our duty , and layd yours before you , that through no inadvertency you may be surprised we have done . not at all doubting the issue thereof ; for , if it be his majesties honour and true intrest to keep the lawes , he hath so solemnly sworn and protested to do , as assuredly it is ; we have no reason to doubt him , and if those worthy patriots in the lords house whose names can never be mentioned , with that honor , they deserve from the people did desire to addrese to his majesty fifteen months agoe for the parliaments dissolution , and since , all the resons that moved them thereto at that time , do still continue , and that this main reason is now also added that this parliament can sit and act no more as a parliament without the total subversion of the laws , and the very constitution of the government of england we have no reason to doubt the lords . and if the commons shall but consider from whence and for what end they received their trust we have no cause at all to doubt them neither , for certainely among them as well as among the lords , are a greater number of persons of honor wisdom and fortune , then of those that are indigent of all , and that will think with themselves , that if not above halfe the people of england are represented by them , and that two thirds of that halfe that are represented are weary of their siting and desirous of their dissolution , and that . parts of do believe they can never more legaly sit as a parliament , and that sixth seem doubtful ; and since that worthy part of the commons , can get nothing to themselves in particular by sitting , and that if , , or years hence , they should by another parliament be found to have usurped the legislative power of england , to the ruine of our lawes , and the destructon of the people , they would be sure to answer it , with no less then their lives and fortunes ; and since if they should presume to fit so many person of quality , are resolved not to pay any taxes , or obey any other of their acts without first trying their validity by due process of law. and what pleasure or aduantage his majesty can take , or they themselvs can have , in their sitting as a perliament , when their very jurisdiction is like to be questioned in all the courts of england ? and whether it be likely that english juries should find against their neighbours and therin against themselves , to uphold a parliament that hath so many yeares imposed it self upon them , contrary to their desire , and that novv is legally dissovled , we leave to themselves to judge . finis . notes, typically marginal, from the original text notes for div a -e rot. parl. . edv. . no ▪ . tuesday, december . . ordered by the parliament, that no forces shall be raised, but by authority of this present parliament: ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) tuesday, december . . ordered by the parliament, that no forces shall be raised, but by authority of this present parliament: ... england and wales. parliament. sheet ([ ] p.) printed by john streater, and john macock, london : . title from caption and first lines of text. two orders of parliament, dated december (prohibiting the raising of militia by any but the present parliament) amd december (referring disposal of the militia forces to the commissioners for management of the army). annotation on thomason copy: "xber [i.e., december] ". . reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- militia -- early works to . great britain -- history, military -- th century -- early works to . a r (thomason .f. [ ]). civilwar no tuesday, december . . ordered by the parliament, that no forces shall be raised, but by authority of this present parliament: ... england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms tuesday , december . . ordered by the parliament , that no forces shall be raised , but by authority of this present parliament : and , that all such forces as have been , or shall bee raised without authority of parliament , be forthwith disbanded , provided that this vote extend not to any the forces raised by general monck . thursday , december . . ordered by the parliament , that it be referred to the commissioners for management of the army , to dispose of the militia forces , and of all other forces which have been raised without authority of parliament , as they shall see cause , either by imploying , or disbanding them , with power to dispose of their armes to the several counties , and publique magazines from whence they were taken . ordered by the parliament , that these orders be forthwith printed and published . thomas st nicholas , clerk of the parliament . london , printed by john streater , and john macock , . the case of an oath of abjuration considered and the vote of the honourable house of commons vindicated in a letter. stillingfleet, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of an oath of abjuration considered and the vote of the honourable house of commons vindicated in a letter. stillingfleet, edward, - . [ ], p. [s.n.], london : . reproduction of original in huntington library. attributed to edward stillingfleet. cf. bm. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons. allegiance. oaths -- great britain. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of an oath of abjuration considered : and the vote of the honorable house of commons vindicated . in a letter to a friend . london , printed for the author . . sir , i was greatly amazed to hear you , the other day , so passionately concerned in behalf of the oath of abjuration ; as tho our whole stake and safety , depended on its passing on the nation . this convinc'd me , that it is not impossible for people to intend the same end by the most different means imaginable ; for i verily believe , there are not two men in england , that in their hearts do more sincerely love their present majesties , nor that , according to their poor capacities and stations , serve them better than you and i. and yet i tell you now , as i forbore not to tell you then , that i think an oath of abjuration , is as unlikely a thing to serve their present majesties , as any one thing in the world besides . you told me then moreover , that some good understanding people of your acquaintance were very much offended at the house of commons , for throwing out that bill twice , in two successive sessions , and that they were looked upon rather as enemies , than friends , to the present government . i told you then moreover , that your acquaintance might be both good and understanding people , but that they made very bold with the house of commons , and were not understanding enough in these affairs , to pass a true judgment on them ; and that it was a most pernicious thing , to look on all , that are not of our mind , as enemies . there being nothing more sure , than that two parties may do , as you and i do , differ exceedingly in the means of securing and supporting the government , and yet both wish and intend the securing and supporting of it ; as there is no doubt to be made , but both sides of the house of commons did . both sides may be right in their intention , i. e. intend the peace and welfare of the kingdom , tho the means they pitch upon , may be very different ; so different that the contrary side may fancy they are truly destructive of the end they aim at , without believing that the persons concerned , design any other than good , to their majesties and the kingdom . with this you seem'd to be for the present satisfied ; but since , i understand , you begin to change your mind again , and desire me to set down in writing , upon what reasons i ground my opinion of the mischief of an oath of abjuration , and send them to you , i have agreed to do so ; and i suppose , i shall sufficiently satisfie all your scruples , if i shall shew you these three things : first , that an oath of abjuration is altogether new and strange in england . secondly , that it is altogether needless . thirdly , that it is altogether impossible to be kept . . an oath of abjuration is altogether strange and new in england . the line of succession hath been as frequently interrupted in england , as in any hereditary kingdom in the world besides . and therefore there hath been as much need of an oath of abjuration here , as any where , and yet we have never had one . it is not for want of instances , but to spare your time and patience , that i run not up beyond the conquest , but will begin there . what right or title william the conqueror had to these kingdoms , every body knows as well as any body . the right of promise from edward the confessor , if it were true , as he pretended it , yet was no right at all ; for what power has a king of england of himself to give or bestow the kingdom to whom he pleases ? but however , he also gave it to harold on his death-bed . so the chron. saxon. ann. . tunc haroldus comes capessit regnum , sicut rex ei c●ncesserat , omnesque ad id eum eligebant , & consecratus est in regem in festo epiphaniae . so chron. walt. hemingford , cap. . et juxta quod ipse rex edwante mortem statuerat , sibi successit in regnum haroldus . tho william of malmesbury and matth. paris , and others , tell us he seised upon the crown against the will of almost all the great men , and especially the bishops . extortâ à principibus fide , arripuit diadema . but let harold and the conqueror come to the crown how they could , it is manifest beyond dispute , that the right heir was then alive , who was edgar atheling , the son of edward , grandchild of edm. ironside . this edgar was not only heir to the crown by lineal descent , but design'd to succeed edward the confessor , by him himself , and sent for , for that purpose , from abroad , where he , his mother , and his sisters were ; and it was look'd upon to be so much his due , that he was actually set up king by some parts of the nation , insomuch that edwin and morcar , the great earls of those times , with aldred , archbishop of york , and the citizens of london , agreed thereto , and promised to stand by him . and the saxon chron. gives us an instance of the abbot of peterborough newly elected , being sent to edgar , as king , for confirmation . for ( says it ) the inhabitants of that country thought that he should be the king. but the noise of william's invasion , made the nation bethink themselves ; and the people that had been most forward to set up edgar , began to look upon him now as a defenceless youth , and not able to make head against so wise and hardy a prince as william was ; and therefore leaving him to shift as he could , they made their terms with the conqueror . the nation had had the same good intentions towards this poor prince edgar , upon the death of edward the confessor , and some had actually endeavoured to set him up ; but harold was more powerful both in friends and money , and stept into the throne before him , as did the conqueror this second time . the use i intend to make of this , will be , ( as you may easily foresee ) to shew you , that edgar had a title to the throne , in the general opinion of all english men ; and consequently , that he was a dangerous competitor to king william the conqueror . but notwithstanding this , king william , when he was crown'd by aldred ( the same aldred who would have set up edgar , and who has this character bestowed upon him by walt. hemingford , cap. . vir bonus & prudens , intelligensque cedendum esse tempori , & divine nequaquam resistendum ordinationi , ) took the oath of fealty of all that were concern'd , without any farther notice taken of edgar atheling above the rest , and carrying him with other lords and bishops over into normandy , he set him at liberty as soon as any of the others . and tho he afterwards gave both the conqueror and william rufus some disturbance , by his siding with the scots , and danes , and duke robert , yet both of them had him in their hands , and let him go again , without any farther mischief ; he lived for some time in both their courts , and what became of him at last , we are not certain . all that we know of it is from w. malmesbury , who making mention of him adds , lib. . pag. . qui post occisionem haroldi à quibusdam in regem electus est , & vario lusu fortunae rotatus nunc penè decrepitum diem ignobilis ruri agit . in the same place he says , that david , his sister margaret's son , was king of scotland , which was not before the year . so that he lived at least to the age of seventy , if we allow him to be twelve at the death of harold , when he was thought unfit to reign , for want of years . and yet in all the reigns of these three kings , william the first , and second , and henry the first , there was no oath of abjuration ; no renouncing to the rightful title of edgar atheling . each of these princes receiv'd the oath of fealty and allegiance from their subjects , and looked no farther after the exclusion of edgar , than that oath did naturally carry them , which is far enough in all conscience , when honest people take it . . when william the conqueror died , he left the duchy of normandy to his eldest son robert. ( mezeray is mistaken when he makes the father yield up the duchy to the son , when he was reconciled to him , upon his mounting him again upon his horse , when he had ignorantly met and overthrown him ) and england to his second son william rufus , and to henry his third son , a mighty summ of money , with a prophetical presage , that he would one day come to greater matters . rufus was then with his father , and before his funeral exequies were performed ( to secure himself the better of his appointed succession ) slipt over into england , and got himself crowned king , by lanfranc , archbishop of canterbury ; but he was hardly warm in his seat , before a great and deep conspiracy was form'd against him , in behalf of his elder brother robert , contriv'd and carried on especially by odo , bishop of baieux and earl of kent , his uncle , geofrey bishop of constance , and other great lords , intending to deliver up the king and kingdom into the hands of robert. this so startled and amazed rufus , that he thereupon calls all the english men together , and lays before them the danger he was in , promising the redress of many present grievances , and ample privileges to them and theirs , upon their assistance , which they consented to give , and accordingly , by their help , he pursued and utterly defeated his enemies , and became thereby enabled to forget his fair promises . robert in vain attempted to invade england , being repulsed with great loss by the king's ships and seamen ; and william , in his turn , made over for normandy , to do as much as robert had design'd ; but by the mediation of great men on both sides , the brothers came to an agreement , that such and such places should be delivered to each the other , and that whichsoever of the brothers died first , without children , the other should succeed him in all his estates : and to these covenants twelve of the most considerable men , on each side , were very solemnly sworn . this was done , and in , the brothers disagreed again , and all the fault was laid upon the king who again prepar'd for normandy , where each of them did a great deal of mischief to each other ; till , very luckily , the pope engag'd duke robert to take upon him the croisade , who being easily persuaded thereto ( as one who was always a light and giddy-headed prince ) he sent to the king , to acquaint him with his purpose , to conclude a peace , and to borrow money for that expedition , engaging his dukedom for it , to which the king assented readily , and carried him the money himself , and took possession of his pledge ; the money came to six thousand six hundred sixty six pound of silver : and robert behaved himself very honourably abroad , where he continued till the death of king william , . in all these quarrels and conspiracies , occasioned by d. robert and his partisans , rufus desired , nor had , no other security of his subjects , than the oath of fealty and allegiance , which obliged them to be true to him , without excluding or abjuring robert ; and yet , i take it , robert was a very formidable competitor , and that such an oath was as necessary then , as it ever was to this day , well , this unfortunate robert was again put by the crown , as well by his absence , as by the cunning management of his younger brother henry , who got so well into the good graces of the lords and bishops , that he was crowned king before duke robert could return to make his claim . but , see the inconstancy of english-men ! henry had made large promises of amending all things that were amiss in the former reigns , and confirming the liberties of the church , and a great many other good things ; and thereupon was received by all the nobility and clergy with g●eat expressions ofjoy and satisfaction , and crowned by maurice bishop of london , ( for anselm had been driven away by w. rufus ) but before they could have time to see whether king henry would be as good as his word , they generally engaged in a conspiracy to call in robert , and deliver up the government to him : some of the king's ships went over to robert , and a great conflux of people there was gathered to him when he landed at portsmouth ; but before they came to try their fortune in the field of battel , an accord was made between them , by the mediation of some principal men of both sides ; by which it was agreed upon that robert should continue duke of normandy , and henry , king of england , paying his brother yearly three thousand marks ; that all adherents to robert should be clear'd , and enjoy their estates , and that whichsoever of the two died childless first , the other should succeed in both the kingdom and the dutchy ; with some other particulars , which were all of them sworn to ( as before ) by twelve great men on each side . this agreement was made in , and in a few years came to nothing ; for after many depredations and reprisals , skirmishes , and taking and retaking of towns in normandy , the fatal battel was fought in , where robert was taken prisoner , and never after obtained his liberty , but having his eyes put out ( a piece of cruelty much in use in those days ) he lived and died at cardiff , a miserable captive , in the year , and was buried at gloucester . an unhappy prince from the beginning to the end , if we except two or three years , spent to his honor in the holy-land . but i have nothing to do with any thing relating to him , but to remark , that notwithstanding the great and continual disturbance and alarms he gave both william ii , and henry , yet neither of them took an oath of abjuration from the nation , and it is the more remarkable in henry , because that robert had a son called william , a brave and noble youth , and a prince of great hopes , and like enough to prove a strong competitor to henry's children . he was afterwards greatly favoured by the french king , and married his queen's sister , and had the county of flanders , and other strong places put into his hands , by which he created great troubles to his uncle henry , till he was unfortunately wounded at a siege , and being unskilfully dressed , died in a monastery five days after , in the year . but what did henry do with regard both to his brother robert and this vigorous prince , young william , who had sworn severely to revenge his father's injuries and eyes ? why he contented himself to swear his own son , who was also called william , into the succession of normandy , in the year , and of england in , having for that purpose called a parliament at salisbury . conventio optimatum & baronum totius angliae apud searesberiam xiv . kal. aprilis facta est , qui in praesentia regis henrici homagium filio suo wilielmo fecerunt , & fidelitatem ei juraverunt . sim. dunelm . an . and , as annales de margan have it , . filius regis henrici juratur ab omnibus haeres patris fieri . but in the year , william and the rest of the king's children , with a great company of people of quality , were unfortunately drowned , the ship being run upon a rock not far from the shoar from whence they put to sea , by the mariners and pilot , who were got drunk . the prince might have been saved , had he not hearkned over-tenderly to the cries and lamentations of one of his poor sisters that continued in the ship , whom thinking to take into his boat , so many of the ship leap'd presently into it , as sunk it immediately , and so they all perished together . the king had now but one daughter left , which was maud , first married to the emperor of germany , whose widow she became in the year , and afterwards , in , to geofry plantagenet earl of anjou ; but before the king sent his daughter away to this second husband , upon news of his nephew william's promotion to the earldom of flanders , and his attempting great matters by the assistance of the king of france , he was exceedingly distressed and troubled , and calling his parliament together ( saith brompton , thomas wikes , and chron. saxon. and every body else ) at westminster ( or , as others , at windsor ) he made both david king of scotland , all the archbishops , and bishops , abbots and great men , take the oath of fidelity , and do homage to his daughter , and her heirs lawfully begotten , in case himself should die without any issue male ; which they accordingly did ; and , amongst the rest , none forwarder to do it than stephen earl of blois , who either administred the oath himself to the rest , after he had taken it himself , or else contrived the form thereof ; for i know not well which is the construction of those words in tho. wikes's chronology , in the year . non solum in persona propria sacramentum fidelitatis emisit , sed & aliis regni proceribus jurisjurandi formam praestruxit . but you see , i hope , plainly , that henry was apprehensive enough of the growing power of his nephew william , and yet thought fit to take no other security of the nation against him than a common oath of allegiance ; there was no talk or offers after an oath of abjuration , in those days ; tho it had been much to his purpose , and he had power enough had it been otherwise convenient . this oath of fidelity was again renewed to maud at northampton in . habitoque non parvo procerum conventu apud northantonam priscam fidem apud eos qui dederant novavit , ab iis qui non dederant accepit , saith w. of malmesbury , hist. novel . l. . p. . which i mention not as if it were done out of fear of any particular person ( for william died , as i have said , in ) but , in all probability to exclude geofry her husband from ruling , with whom he was exceedingly offended . i have it from wil. of malmesbury who tells us , that when king henry lay on his death-bed , de successione interrogatus , filiae omnem terram suam citra & ultra mare legitima & perenni successione adjudicavit : marito ejus subiratus , quod eum & minis & injuriis aliquantis irritaverat . notwithstanding all this caution and security , and this last declaration of the dying king in favour of his daughter ; , stephen earl of blois , his nephew by his sister adeliza daughter of the conqueror , got over from normandy into england , and tho he was repulsed at dover , and by the men of kent , yet he was entertained by the londoners , and by the dexterous management of his brother the bishop of winton , who promised for him all that could be wanted or desired , he was crowned by the archbishop of canterbury , whose scruples about the former oath to maud were satisfied by the oath of a bold nobleman , who swore he heard king henry , on his death-bed , disinherit his daughter maud , and appoint e stephen to succeed him in the kingdom . some of our historians tell us , that there was but a poor show of bishops and great-men at the coronation , and that many ill omens were seen thereat ; others say otherwise , and tell us it was performed annuentibus praesulibus & próceribus regni , and that they pitch'd on stephen , because that maud had no children , and they wanted a considerable person to look after the affairs of the kingdom . but all of them in general cry out aloud upon the sudden change of the english nobility , had so lately sworn fidelity to maud , omnis anglia , quasi in ictu oculi , ei subjecta est , saith walt. hemingford , from malmesbury , c. . even robert of gloucester swore to stephen , tho with a very evil mind undoubtedly , because he could not otherwise be in any capacity of serving his sister-in-law maud and her son ( for now she was brought to bed of her son henry ) ; this reason wil. of malmesbury , his client , gives for him , he was afraid of his former oath to maud , and he was afraid he should never do her any service if he swore not to stephen , and therefore he did it , tho conditionally , that he should preserve his honor and his covenants . robert was the only man alive he feared , for he was wise and valiant to a wonder in those days , and he was glad to have any hold at all of such a man , and therefore accepted of his conditional homage . you shall take the words , and see what you can make of them your self , itaque homagium regifecit , sub conditione quadam , scilicet , quamdiu ille dignitatem suam integrè custodiret , & sibi pacta servaret : spectato enim jamdudum regis ingenio instabilitatem ejus fidei praevidebat . malmsb. hist. novel . l. . p. . i am greatly afraid , there are many roberts of gloucester now alive , that have taken the oaths to their present majesties , with no better design than to capacitate themselves to do them a shrewd turn , when it lies in their way ; although they see no shadow of unfaithfulness or ill design in them ; but this is a remark out of my way , which you will pardon . it is only to my purpose to say , that stephen contented himself with the ordinary oath of allegiance , tho maud was his competitor ; and put no nobleman or commoner upon adjuring her or hers by name , tho he were sensible that they must prove continual thorns in his side ; and upon those apprehensions , as soon as he was settled in his throne , he passed over with an army into france , with purpose only of subduing geofry of anjou , her husband , prospexerat'enim ( saith tho , wikes , , ) quod si imperatrix prolem de corpore suo generaret , bella sibi minime defutura , knowing full well that if she had children , he must look for little quiet . but children she had , and you know how troublesome this woman , with her son and brother robert , were to him for many years , the many miserie 's this poor kingdom endured under the time of their dissensions ( for in most wars a country finds but little difference between friends and enemies ) and the agreement made at last betwixt them . i will not insist on any of these matters : king stephen took all usual care to secure the crown to himself and his posterity ; but it went no farther than to take the common oath of allegiance to himself , and in , to cause the same to be taken to eustace his son. for so annales waverleienses , apud londoniam eustachio filio r. stephani fide & jurejurando universi comites & barones angliae se subdiderunt . he would have had him crowned , but the clergy , by order of the pope , opposed it strongly , and he could not carry his point , as gervasius tells us , in stephano , . p. in the year , died stephen's wife , and in , eustace his son , a stomachful young prince ; so that stephen , consum'd almost with care and grief , and finding himself decay , and his adversary young henry daily increasing in riches and the favour of the people , began to incline to peace , which was agreed upon , you know , on condition that stephen should continue king during his natural life , and henry to succeed him : and that william , stephen's only remaining son , should be possessed of all his father's estate , whilst a private subject ; but he liv'd not long to enjoy it , dying in king henry's service , at the siege of tholouse , in the year : stephen himself went before him , dying in the year . leaving peace , the greatest and most wanted blessing , to this distracted kingdom . consider , sir , i pray , whether an oath of abjuration , was not full as seasonable in this king stephen's case , as it can possibly be in any others , and then i will go on . henry ii , being possessed of the throne , took the usual oath of fidelity from his subjects , without any manner of regard had to william , stephen's son , who served him four years , and died at last , as i have said , in . he reigned thirty five years , and endured great troubles and afflictions from an untoward queen , and most ungracious children , the eldest of which called henry ( sometimes called secundus , sometimes tertius , sometimes junior and minor ) he caused to be crowned king whilst himself lived , and quickly found good reason to repent him of such favour . but having no competitor for the crown , his troubles are nothing to my purpose , since he could have no occasion for an oath of abjuration : and therefore i have done with him , when i have observed to you , that notwithstanding the oath the nation took in general to his mother maud her self , yet henry succeeded stephen , without any manner of notice taken of her . polydor virgil makes her present at the treaty of agreement , but mentions no cession or yielding up her right ; no historian , i have seen , takes any notice of her at all ; and yet , undoubtedly , she took all those pains , in her wars with stephen for her self , and upbraided stephen and all his followers with perjury ; and yet she appears no ways concerned in the treaty , nor makes any manner of declaration that she absolved them of their oaths to her , or that she was willing they should transfer their allegiance to her son. perhaps they took these things for granted , because she put in no new claim at that time : all that we know further of her is , that she died , as some say , in the th or , as others , in the th year of her son henry's reign , who died hlmself in , and left his crown and kingdom uncontested to richard i , who was his eldest son then living . he was a brave prince , and , according to the superstitious humour of those times , engaged in the recovery of the holy sepulchre out of the hands of infidels , where he performed wonders , and was accounted one of the religious heroes of that age. but certainly he was very ill paid at home , for these his glorious pains abroad , by john his brother . most of our common historians are mistaken in representing these matters , and confound actions done at different times ; i shall take a little pains to set them in better order , and that in short , from roger hoveden , walt. hemingford , and john brompton , &c. when richard went into the east , he left the government of england in the hands of william longchamp , lord chancellor and bishop of ely , who ( for ought appears ) managed it with great fidelity to the king his master , but to the great dislike of john and his adherents , who made many grievous complaints of his tyrannick government , and seem resolved to have him laid aside at any rate ; the thing that offended john at the bottom was this , that the chancellor , being a man of great abilities and power , abetted and maintained the right of arthur of brettany , son and heir of geofry elder brother to john , and sent underhand to the king of scotland , who was his great uncle , for his protection and assistance , in case king richard should do otherwise than well in the holy-land ; protesting moreover to him , that by letters directed to him from sicily , king richard had appointed arthur his successor , if he should die . it is not very certain whether the chancellor acted thus in favour of young arthur , out of a good principle , as knowing him the rightful heir ; or with ambitious purpose of continuing in his great authority and regency , as he was likely to do , if a child succeeded ; but whatever the motive was to his asserting arthur's right , his doing so must needs be enough to make earl john his mortal enemy . the chancellor was a warm and haughty man , and imprudently administred an occasion of commotion , by commanding girard de camvilla to yield up to him the castle of lincoln , who ( having had it committed to his care by the king ) refus'd to do it , and immediately took part with john , whose ambitious restless temper took hold of this occasion to put himself in arms ; and , whilst the chancellor was besieging girard , he seized on the two castles of nottingham and tickill . so that now they came to open hostilities ; in which the chancellor finding himself the weaker , and knowing he had many mens persons about him , whose hearts were with john , he made his peace with him , upon the vile unworthy terms of forsaking arthur . but this was not what john wanted , which was his dègradation and removal ; to which the following passage ministred occasion , geofry archbishop of york was forbid ( for some cause or other ) by k. richard to enter england in three years space ; but he , unmindful of the king's command ( and some say of his own oath ) resolved to take the opportunity of the king's absence , and enter on his bishoprick , which attempting to do , at dover , he was watched by the chancellor's spies and taken from the altar of a church , whither he fled for refuge , and dragged from thence , and carried and committed to the constable of dover castle . this made a great noise , you may be sure , in those days , and opened the mouths of the clergy , with whose cries earl john fell in immediately ( tho no great friend to church-men , who are even with him in most of their histories ) and wrote to the chancellor to set the archbishop at liberty ; who refusing to do it , he raised a considerable army , and drove his enemy to great straits , and at last suffered him to transport himself out of the land ; having first , in the presence and with the consent of many bishops , judges , and great-men , and the citizens of london , decreed , that he was not fit to bear any rule , or live any longer in the kingdom . when this good company was got together , earl john resolved they should not part without a tast of his intentions , and therefore the same day both he and the archbishop of roan ( who was put into the chancellor's place , as one of the administrators of the kingdom ) and others of the king's justices granted to the citizens of london , habere communam suam ; and again in the same year , john and the archbishop of roan , with almost all the bishops , earls , and barons , swore they would most firmly and inviolably ( as long as it should please the king ) observe and keep communam illam . the glossary to the x. scriptores interprets communam by association and confederation , as if it were , that these lords and great folks took the citizens of london into council with them , and made them join with them in passing their decree and sentence on the chancellor . they did indeed do so ; but this is not enough methinks . i have the authority of a most excellent skilled person both in these and all other learned matters whatsoever , that communa signifies in the place , privileges , and immunities , and by the sense , i believe we should all of us construe it so : for by the passage , with its circumstances , it appears , that there was a combination of lords and bishops and the citizens of london , in favour of john , against any other successor . and the citizens of london on their part , swore faithful service [ took the oath of fidelity ] to king richard and his heirs , and engaged , that if he died without issue , they would receive john for their lord and king. and thereupon sware fidelity to him against all men , saving their oath to richard. radulph . de diceto , and joh. bromton make no mention of these londoners swearing ; but roger hoveden does ( in his annals , pag. . ) who lived and wrote in king john's days ; and to him i refer you , if you please . this makes me inclinable to interpret communam by something that the citizens of london liked , because they seemed to do a very bold and an unjust thing , in lieu of it : they took an oath of fidelity to one , who was neither heir by god's , nor by the laws of the land , nor yet by designation and appointment of the king then living , who was very angry at these proceedings , and spoke very hard words of his brother john ; and there is great reason to believe these strange doings ( as well as the departure of his enemy king philip of france ) hastened his return the sooner into england . but in his return he was unfortunately taken prisoner by the duke of austria , and delivered into the emperor's hands , and there continued sixteen or eighteen months . this opportunity his brother john laid hold on , and by the instigation of the french king , opened his purposes and sought the crown , sometimes giving out the king was dead , and sometimes that the emperor resolved never to let him go . ( and some historians tell us that the king of france , and john , made mighty offers to the emperor , either to detain him , or deliver him up into their hands , which he had much ado to resist . ) but the nobility opposed him constantly , and kept their faith inviolable to their king , to their great praise , and however careless and injurious they had been with respect to arthur's right of succession , yet they were very bold and faithful to their present king in possession ; insomuch that instead of delivering up the kingdom , and swearing allegiance to him , as he demanded , they very vigorously besieged him and his , in windsor-castle , and forc'd him to surrender that and other holds , and fly the kingdom ; which he did , and betook himself to his old friend the king of france , to whom he became liege-man , and did homage for normandy , which yet would not submit to john , but declared it self for its old master , whom they hoped to see at home again , and safe in a short time . and so they did ; for richard came and landed at sandwich in kent , and was joyfully receiv'd of all his subjects throughout the kingdom , excepting some few places which held out for john , which in a little time were reduc'd , and taken into mercy by the king , who , by the advice of the bishops , was again crown'd , with great pomp at winchester . this is a long history , you will think , tho i have greatly shortened it ; but whereto does it serve ? why some have confounded these two attempts of john , and made but one of them ; and some have only mentioned his attempt during his brother's imprisonment , which yet , you see , was a second undertaking , in pursuance of the first , which made way ( as he imagined ) for it . the use i make of it , is this , to shew you , that john , by this first treasonable attempt of causing people to swear fidelity to him , against the king's will , and without his knowledge , and when he was not so much as presumptive heir , must make him justly liable both to the king's anger , and to the punishment of the laws of the land ; but that his second attempt upon the crown made him undoubtedly a traitor , and not to be endur'd either by king or subject . i know not how a subject can become more dangerous , and to be suspected , than by having once been sworn into the succession , without his prince's knowledge and good will , and having afterwards demanded openly the crown , altho his king was then alive : and sure , his succeeding so well as he did the first time , and his attempting it the second time , must make him a dangerous competitor to the king , and fit to be excluded by an oath of abjuration . but nothing of this was thought upon . richard , after the reduction of the castles that held out in john's favour , summoned a parliament at nottingham , ( such as the parliament was then ) on the thirtieth of march . [ trigesima die mensis martii feria quarta ricardus rex angliae celebravit primum concilii sui diem apud nottingham : as r. hoveden , pag. . ] where were present elianor the king's mother , the two archbishops , david the king of scotland's brother , the bishops and the barons : and on the day following , the king demanded justice should be done him , on his brother john , who against his oath of allegiance , had seised on his castles , destroyed his countries , both at home and abroad , and leagued against him with the king of france , his enemy . and it was adjudged , that earl john should be cited to appear within forty days , and stand to the law , and that if he did not — judicaverunt comitem johannem demeruisse regnum , saith hoveden . ipsum fratrem suum rex exhaeredavit . annal. waverl . an. . omne jus pristinum & honorem impensum solenni judicio procerum suorum abjudicavit , saith j. brompton , from w. hemingford ( whom he constantly copies , and cites by the name of walter de giseburn , pag. . lin . . ) judicio procerum omni honore privavit , saith h. knighton , l. . pag. . but the annales de margan , ( put out by the most excellently learned dr. gale , in , ) go , to my thinking , a great way farther than all the rest . the passage is somewhat long , but remarkable enough to make you amends for the patience of reading it . thus then in the year m c xc ix . after richard's death , john his brother , in the octaves of easter , having entred upon the dukedom of normandy , coming over into england , was crowned king on ascension-day at westminster , may . against the judgment and decree of the archbishops , bishops , earls and barons , and all the rest of the great men of england , which they had passed at nottingham in the presence of king richard his brother , where for the treason he had acted against the king , and kingdom , in confederacy with the king of france , he was disinherited and depriv'd ( abjudicatus , which i cannot construe better ) not only of all the lands he had in england , but also of all honors which he might hope for , or expect to have from the crown of england . it was also decreed , that he should be summoned to appear , in such a space of time , within the king's courts , to answer and defend himself , if he could , upon the war and treason aforesaid , raised and committed whilst his brother was abroad , and detain'd in germany ; but he came not himself , nor sent any other to answer for him . upon which , three earls , his peers , were sent to the court of france , there to convict him of the same treason ; but neither did he make his appearance there , or answer for himself . and yet against this judgment and decree , he is crowned king ; william de breuse , together with his faction , pressing instantly for his coronation . in which coronation all that were concerned , offended grievously , as well because john had no right to the kingdom , arthur , his elder brother's son , being then alive , as also , that if he had been heir of the kingdom , yet by and for the above repeated treason , he had been deprived and difinherited . this is a famous passage , and makes very much for a bill of exclusion , at least , if i mistake not ; and there was so much in it , that when the pope's legat was dissuading the king of france from sending his son lewis into england ( as the barons and great men had by express messengers desir'd him to do ) and told him , england then was s. peter's patrimony , by the resignation of king john ; the king of france told him , that england never was john's to give , ( as well because no king can give away his kingdom , without their consent , as also ) because he had forfeited all right to the crown ( if right he had had ) by his treasons against richard , of which he stood convict , and had had sentence passed upon him , as a traitor , by hugh de pudsey , bishop of durham . thus matth. westm. tho matth. paris represents it a little otherwise . but tho the king and parliament proceeded to an act of exclusion , yet they put no one upon abjuring john by name . they thought it enough to secure the present king by an oath of allegiance , and to put by john from succeeding him ; but no one ever was constrain'd to swear he never should , nor ought to , be king. they hurt john as much as they could , by freeing the subject from swearing to him ; but they intended not to hurt the subjects , by compelling them to swear against him . methinks there is great deal of difference betwixt these two points ; and that 's the use i would have you make of this long story , which i will conclude , when i have added , that tho john afterwards did actually succeed his brother richard ; tho arthur had been declared successor to richard ; tho it was the opinion of all the world , both abroad and at home , that arthur was the undoubted heir of the crown ; tho many nobles sided with him ; tho he claim'd the crown himself openly , and gave john abundance of trouble , and alarm'd him daily ; yet did john never attempt to get him abjured by the nation , nor to secure himself any other way than by the common oath of allegiance . he afterwards caught him , and in all likelyhood ordered him to be made away privately ; but that was nothing to the people of england . he died , 't is thought , about , but his sister ellinor , commonly called the damosel of britanny , lived till after . tho she undoubtedly was the heiress of the crown , if the nation had regarded the lineal and immediate succession , as much in those , as in these latter days , which it is manifest they did not . the long and troublesome reign of henry the third , the times of edward the first and second afford me nothing to my present purpose : they had no rivals or competitors to fear , nor consequently any occasion of securing themselves by any oath of abjuration . when edward the third was crowned king , upon the deposition of his father , tho edmond of kent , and others , attempted to deliver him from his imprisonment , and re-instate him again , yet the young king sought not his safety and establishment by any oath of abjuration of his father . it was enough , that the several estates of the kingdom , had by deputies appointed for the purpose , solemnly renounced their allegiance to him , and chosen his son to reign in his stead and taken the usual oath of allegiance to him ; this was then esteemed sufficient security for the young king , without concerning the whole kingdom in an oath of abjuration . and this was the case of henry the fourth , when richard the second was deposed , the crown was entail'd by parliament on him and his sons , but there was no abjuring richard , by an oath to be taken by the subjects . the estates of the realm deposed him very solemnly ( even without any notice taken of his resignation , though after he had made it ) objecting such and such crimes , as deserv'd it ; which they might well have spar'd , and surely would have done it , even for pities sake , if they had not intended thereby to shew and exercise a power they thought inherent in them , on such extraordinary occasions . i will not trouble you with the instance of henry vi. with regard to richard duke of york , who made claim upon him ; nor of edward iv. with regard to henry vi. neither of which princes thought of securing themselves by any oath of abjuration . because you may say , there was no need of their doing so , since both of them looked upon themselves as rightful possessors of the throne ; and what need was there of causing the subjects to abjure the right of one who had no right at that time ; nor , ( as they thought ) at any time besides ? for i make no question but henry vi. look'd on himself as most rightful king ; and truly the succession of three generations , and the possession , for above threescore years , of royalty , might have made a more devout and conscientious prince than henry was ( if it could be ) believe so too . neither will it serve to my purpose , to instance in richard iii. with regard to the son and daughter of his elder brother george duke of clarence , because he confided so far in the attaindour of the father , that he had no suspicion of the children ; he bastardiz'd , depos'd , and murther'd , the children of his brother edward iv. but he thought the act of parliament had secur'd him against the family of clarence , and therefore was regardless of them . we have no reason to think he acted out of any better principle , towards them . and it was not then perhaps so clear in law , as since , that the crown takes away all defects and stops in blood ; and that from the time the king assumes the crown , the fountain is cleared , and all attaindors and corruption of blood discharged ; which was the resolution of the judges , in the case of henry vii . the instances i have mentioned before , from edgar atheling to richard ii. are enow , and sufficient to my purpose , or none are . and i hope from them , you will be able to see , what i design'd to shew you , in the first place , that , though we have had so many occasions , where an oath of abjuration was full as reasonable , as convenient , and as necessary , as it can possibly be at this day , yet we have never had one . and therefore , that an oath of abjuration would be altogether strange and new in england . and if you do not also see , as it were by the by , from these collections , that the oaths of fidelity and allegiance , have been constantly imposed on , and taken by , the subjects of the land ( concern'd to take them ) . to such persons as were by the consent and approbation of the three estates of the kingdom , invested with the regal power , although they could not lay claim thereto , by lineal and legal succession : if you do not see this , i shall think i have represented matter but confusedly . believe me then , in short , an oath of allegiance was always taken , but an oath of abjuration , never . i am now , in the second place , to shew you , according to my skill , that an oath of abjuration is altogether needless . if it be needful , it is only needful to the securing their present majesties in the possession of the throne , which they ( in our opinion i am sure ) fill most deservedly . but this is not to be done by an oath of abjuration , if it will not be done by an oath of allegiance . and i may well presume , that such as refuse the oath of allegiance , will never take an oath of abjuration ; so that here will be no new subjects gain'd we may be sure ; and if it will neither gain new subjects , nor fasten the old ones closer to their majesties interest , where is the necessity of imposing it ? do their majesties , i pray , want any thing more than allegiance and fidelity from all , or any of their subjects , in the respective stations they stand related to their princes in ? no one , i think , will say they do . if all men therefore would fulfil their oaths of allegiance and fidelity , what need would there be of imposing any new ones ? it is not taking new oaths , but keeping the old ones , that must secure their present majesties ; and will any man that does not make a conscience of fulfilling the oaths he has taken , be scrupulous of either taking , or breaking , any new ones ? what should hinder one from taking an oath of abjuration , who has no regard to his oath of allegiance ? and what security can you have against the breach of a second oath , from one who shews apparently he values not his first ? do you not therefore see that such as knowingly break their allegiance oath , will take at last ( though not without some kind of scruple neither ) the oath of abjuration and break it , when it is convenient , full as knowingly ? we see men , frequently , that are nice and squeamish , with respect to some offences , who yet make very bold with others , altogether as heinous ; but it is seldom seen that a man grows tenderer in a point wherein he has once or twice : offended . he who has taken the oath of allegiance to their majesties , and yet will comfort , and abett , and correspond with any of their enemies , will take the oath again , and proceed to whatever oath you shall impose , and still retain the same mind , and pursue the same . design ; and he may do it all , upon the same principle , by which he acts , when he breaks his oath of allegiance . so that an oath of abjuration , will neither gain their majesties any new friends , nor fix the old ones faster to them , nor yet discover any old or new enemies . and what is an oath good for , that will answer to none of these ends and purposes ? that will neither discover truth nor falshood ? that will neither make nor keep . men honester or more loyal than they were before , nor yet prevent them from being false and traiterous , or shew us when they are so ? i make no doubt but this is the pretence and plea for an oath of abjuration , that it will discover who are enemies to the present government ; and this is that which may make it appear most reasonable to be imposed . if it will not therefore do this , it will do nothing , or it will do mischief . this i conclude it will never do ( i. e. discover who are enemies to the government ) for this reason . because ( supposing all along , that none will take an oath of abjuration , who have refused to take the oath of allegiance , and therefore that they alone who have taken the oath of allegiance , will take the abjuration oath ) they who have taken the oath of allegiance malâ fide , who design ( or whether they design or no , do actually do it ) to serve and succour the late king , will also certainly take the abjuration oath . they who have falsified their faith to king william and queen mary , in favour of the late king will not stand out upon another oath , by which they shall not only lose perhaps a beneficial office , but also incapacitate themselves for either hurting their present majesties , or serving their late master . this i have before shewed , and it is not in man to find out , or assign , one tolerable reason why they should not do it . will therefore any such persidious men as these be discovered by an oath of abjuration ? will they not rather be enabled to do more mischief by being more trusted for such an oath , which they esteem and will keep just as they did the other ? so that the king and queens enemies will lie as safe and close under an oath of abjuration , as under an allegiance oath : for what , i would know , does the most solemn and tremendous oath signifie , unless the party think himself oblig'd in conscience to observe it ? and if he do not think himself oblig'd in conscience , to observe and keep his oath of allegiance , what is there that should tie an abjuration oath upon him ? for the tie and sanction of both these oaths must be the same , and the breach of them must be alike criminal , and will be punished alike , in both worlds , inasmuch as a man is equally perjur'd in little and in great matters : and if any man will shew how he may safely violate his oath of allegiance , with a good conscience , i will do as much for him , for the violation of the strictest oath of abjuration , in the world. i hope you perceive then , that they who will take an oath of allegiance to their present majesties , and make no manner of conscience of performing it , but actually serve , and correspond with their enemies , will also make no bones of taking and breaking an oath of abjuration ; which is the reason from whence i conclude an oath of abjuration will not serve to discover the king and queens enemies , which yet it certainly pretends to do . they are , it seems , to be discovered by refusing the oath ; but they intend to take the oath , and where is the discovery ? well , but will all that take the oath of allegiance take the oath of abjuration ? no , unquestionably no. will not therefore those who refuse it , be thereby discovered to be enemies to the present government ? i say again no. they will not be discovered to be enemies , because they will not be thereby its enemies . let us , for once divide the people that have taken the oath of allegiance to their majesties into , . such as have taken and kept it bona side . . such as have taken and broken it wittingly and willingly , and with an evil mind . of these latter , we have seen , no manner of good can be expected . they will neither be made good subjects , by a new oath , nor discovered to be bad ones by it . a new oath will therefore only affect such as have taken the oath of allegiance bonâ fide , and kept it very honestly . and is it likely that they who have done so should be enemies to the government ? i grant you , that a great many scrupled and considered long , before they ventur'd on the oaths ; but are not scruple and consideration tokens of a good and honest mind ? and if after scruple and consideration , they took the oaths , and since have kept them well and honestly , what reason is there to think , or call , these people enemies to the government , though they should go no farther ? the legislative power imposed the oath of allegiance on the subject , and intended it for the security and establishment of the present government ; the subject takes the oath and keeps it faithfully , how is he then an enemy ? my friend desires me to walk a mile with him , to conduct him homewards , and see him safe through such a thieving lane , and i consent ; and when he comes to the miles end , his fears grow greater , and he desires me to walk another mile , but i tell him , it is late , and i can go no farther without inconveniency and danger to my self , and for this he quarrels me , and accounts me his enemy . i leave you to judg with what reason . i did what he desir'd at first , and thought , with all his foresight and distrust , would be sufficient to secure him ( and so did all that passed that way before him ) but i can do no more , and be secure my self . sure , though i can no longer serve him , yet i have served him hitherto , and may deserve a better name than enemy . what think you of the application ? must those be enemies to the present government , who took the oath of allegiance to their majesties , which was all that was required and thought sufficient for their safety , and have all along kept it inviolable , and served them faithfully and diligently ; must these be reckon'd enemies , because they will not also take an oath of abjuration ? will therefore an oath of abjuration discover who are the king and queens enemies ? but that i may not seem to deny every thing to an oath of abjuration , after having shewn you what i think it will not discover , i will now shew you , what , i think , it will discover . and first , it will discover the nakedness of the land ; it will discover the distress and straits , we find our selves reduc'd to , when we must have recourse to such extremities . when that which secures all other governments in the world besides , and that which has secured our own , as well as any other , for so many hundreds of years ( viz. an oath of allegiance to the possessors of the throne ) will not secure , or be thought sufficient to secure , the present government , on what foundation will the world about us think we stand ? they have seen us choose , and place upon the throne , our princes , with all good liking and affection possible : and they will see us now , forc'd to be chain'd to our obedience , and tied down groveling on the ground for fear of rising up against them . this posture will not please our friends abroad , who understand our generous tempers better ; they will fear the effects of such unusual bonds . and for our enemies abroad , they undoubtedly will do , as our enemies at home do , rejoyce exceedingly , at such an oath , the jacobites ( as all the discontented disaffected people are now call'd ) have hitherto shewn themselves but puny politicians ; their designs have neither wanted malice nor barbarity , but they have laid and manag'd them , with so much weakness and simplicity , that they seem to be infatuated very much : but yet they are wise enough to foresee the advantages they are like to reap from the distractions an oath of abjuration will undoubtedly produce amongst us . and though some of them may be set to decry it publickly , as a most abominable unheard-of thing , and others of them , in their weakness , truly believe it is so , yet the managers of the party , and more understanding people amongst them , do underhand abett , and favour it exceedingly , well knowing they shall find their account therein . this is one thing an oath of abjuration will discover , it will discover our distress . secondly , it will discover , who can serve the king no longer ; that is certain : we shall see thereby , who they are , that can pay their majesties no more than allegiance and fidelity ; that is , who can pay no more , than has at any time been paid , to all or any of their predecessors , for above six hundred years ; no more than any of their predecessors have at any time demanded ; this we shall see , and these discoveries will be made thereby . but what shall we get by such discoveries ? they will please no good subjects ; there will be little joy in seeing a great number of good people , that serve their present majesties with faithfulness , and honesty , and diligence , and with affection too , dispossess'd of their employments , and incapacitated to serve them any longer : for to be sure , no other but the honest , faithful , and the conscientious will be dispossess'd thereby . no false subjects , none that can play with an allegiance-oath , will forfeit any thing for fear of an abjuration-oath . an abjuration-oath will therefore discover those who can serve their majesties as far as an oath of allegiance can carry them , but no farther ; and that is a second discovery , but such a one , as no good english man can desire to make , in your opinion . thirdly , an abjuration-oath , will discover , it is hoped — a short passage to the west and east indies — a fresh spanish wreck — a new and ready way to benesicial offices , and great preferments . if it do not lay open the road to good employments , by new vacancies , it will be good for just nothing . if those who take the allegiance-oath , should chance to take ( as who can tell ? ) the abjuration-oath , and continue as they were , you would hear no more talk of its great security , and tendency to the establishment of the present government . if this could be foreseen , an oath of allegiance would suffice ( in their opinion ) for any king or queen in christendom . if you think , sir , i go too far in this matter , i retract . i had rather much , be mistaken in my guesses , than that any considerable body of english gentlemen should prefer so vile and selfish a design , to the peace and welfare of their natural country . but if you knew this part of mankind as well as i do , you would still fear , that the way to offices and good preferments , was one of the discoveries design'd to be made by an oath of abjuration , by a great many people . but , to draw to a conclusion of this head ; an oath of abjuration must be altogether needless , if it will effect no greater matters to the security of the present government , than an oath of allegiance will do . now , though all the men in england who have taken the oath of allegiance , should also take the oath of abjuration , yet it is from the oath of allegigiance and fidelity , the government must look for , and find its security , and not from the oath of abjuration . for he who has sworn allegiance and fidelity to king william and queen mary , has sworn , he will obey and serve them according to his power , and shew himself a good and faithful subject to them in the respective post and station , he is in . he is not only tied thereby to live peaceably and quietly under their government , without offending against their laws , or doing any thing to their prejudice , but he is tied to activity in their behalf and defence , if his post and station be such as requires him to be active . no one , that in good conscience took the oath to their present majesties can find himself at liberty to serve , by any ways or means , one that would certainly dethrone them . this is , undoubtedly , the least that an oath of allegiance can do , that it ties the hands of all that take it , from lending any manner of aid or assistance to the late king james . but if his post be active , he is farther oblig'd thereby to be active in their defence . if a privy councellor , a bishop , and a general , take the oath of allegiance to king william and queen mary , they are undoubtedly oblig'd thereby , to advise faithfully and keep the secrets , to pray for the prosperity , and fight the battles , of them . so that as far as , and wherever , the office requires activity , the oath obliges to it : and all the security a prince can expect must come and arise from the obligation of such an oath . on the other hand , what would it signifie , or contribute , to the security of their present majesties , that a man should swear they were the legal , lineal , just , and rightful possessors of the crown , and renounce , abjure , and disclaim , all right and title of the late king james thereto ; unless he held himself oblig'd , by virtue of his oath of allegiance , to keep and defend them in their present possession , to the best of his power , against all claimers whatsoever ? i know there is a great deal of difference , betwixt an oath of allegiance and fidelity simply such , and an oath of allegiance which is also declarative of right . but the difference does not lie , in this , that an oath declarative of right , is of greater security to the prince , than an oath of allegiance . without such declaration . for he who takes an oath of allegiance , gives him●●●f to whom he swears , a right to his allegiance for the time to come , although he may be suppos'd to have had no right to it before , and therefore owes the prince as much allegiance after his oath , as if he had in the oath acknowledged him to be the most rightful prince in the world. as if a man oblige himself by oath to pay another an hundred pound , he is as strongly oblig'd to pay it him , by virtue of his oath , as if he had truly borrowed it in time past of him . the oath has given the other a right to the mony , and by the oath the promiser is oblig'd to pay it . i do not say , that a man would not choose , if he could , rather to have a double right to his mony , both that of debt , and that of oath , than a single one of oath ; but i say that an oath , ( if the man be able and conscientious ) will as certainly secure the mony to the other , as both an oath and debt . by this i mean to say , that the oath of allegiance is of it self as great security to the prince , as if a man should withal both recognize the princes right , and abjure , and renounce to the title and right of any other . because the security arises to the prince from the positive engagement of the subject to do something for him , to do nothing against him , to pay him service and obedience , and to defend him against his enemies , to his power ; and not from acknowledging him to be the rightful prince , and swearing that another has no right to his allegiance , which may be true , but signifie nothing to his security . it is therefore evident , that all the security that can arise to the prince , depends upon the honest taking , and the honest keeping of the oath of allegiance , which implies obedience and assistance ; and that he who hath taken that oath with good intent , hath thereby given himself a bondsman , to pay obedience and assistance , which is as much as any prince can either want , or have , from all the recognitions and acknowledgments of right that can be made . and these are the considerations upon which i ground my second conclusion , that an oath of abjuration is altogether needless . it will not secure a king where an oath of allegiance will not . it will make no new friends . it will fix no old ones faster . it will discover no enemies . it will do nothing but mischief . iii. i have only now to shew you , in the third place , that an oath of abjuration is impossible to be kept . i have already considered the abjuring the right and title of the late king in the foregoing article , and shewn the doing so ( tho done with good faith ) would prove no manner of security to their present majesties . the other part of abjuration is of his person and government ; as if we should swear — we will not have this man to reign over us . i say such an abjuration-oath is , or may be , impossible to be kept ; and therefore should not be imposed . for if he should come in by conquest , how can any single subject hinder him ? if the obstinate fight at landen had determin'd of that valuable life , upon which our safeties do all so much depend ; if god in his anger should remove our excellent princess ( neither of which things were or are any way impossible ) what would become of us ? if therefore we mean any thing more by abjuring his person , than that we wish he may never return , and that we will contribute neither money , counsel , neither intelligence , nor corporal aid , we must mean no sense , for all besides is no sense ; and if we mean nothing but this , we certainly mean and intend this , by our oaths of allegiance and fidelity ; for they exact as much as this comes to , at our hands ; to abjure him beyond this , is as if a man should take an oath , never to have a fever , which yet he cannot possibly prevent ; he may promise safely , that he does not covet it , that he will live temperately , and pray to god to keep it from him , but he can't forswear its seizing on him ; and when it comes he must be patient under it . and sure , it would be a hardship on a man , to have more than this required , when 't is impossible he should perform more . this , sir , is my sense and opinion of an oath of abjuration . if it hit not with yours , or any man as wise and good , you will pardon it . if it convince any one otherwise minded , if it confirm and settle any one in the like ; in a word , if it will do any good ; if it will prevent any evil or confusion , if it will any ways tend to the security of their present majesties , and the prosperous continuance of their government over us , i shall be glad , and think my time and pains well spent . and whether it do any of this or no , i must be contented ; i know i design'd it well , and i know moreover , that if i err in my judgment , i err with good company , even with the major part of the honorable house of commons , in two successive sessions , whose judgment i must needs prefer to the best and most understanding acquaintance you can possibly have . i am , sir , your affectionate humble servant . finis . by the king a proclamation for restraint of disorders in souldiers, prested [sic] for his maiesties seruice. england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation for restraint of disorders in souldiers, prested [sic] for his maiesties seruice. england and wales. sovereign ( - : charles i) charles i, king of england, - . leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : anno dom. m.dc.xxv [ ] caption title. imprint from colophon. "giuen at the court at white-hall, the fifteenth day of may, in the first yeere of the reigne of our most gracious souereigne lord king charles, of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. military discipline -- great britain -- early works to . great britain -- history -- charles i, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense = royal blazon ¶ by the king. ¶ a proclamation for restraint of disorders in souldiers , prested for his maiesties seruice . the kings most excellent maiestie , beeing informed of the great spoyles , dammages , and losses that his louing subiects lately suffered by the uiolences and disorders committed by souldiers , when they last passed through the seuerall counties of this realme to the port of douer ; and his maiestie hauing a tender care to secure his louing subiects , both in their persons and goods , against all such offences or feares , hath therefore thought fit , with the aduice of his priuie councell , for repressing and preuenting the like attempts , actes , or iniuries , by this proclamation , to giue solemne warning , and publish his royall commandement concerning the same ; wherein , to the end all pretence of disorder shall bee taken from the souldiers , his maiestie in the first place doth giue strict charge and command , to all captaines , lieutenants , corporals , conductors , and all other officers , who haue , or shall haue any charge or command of conducting any of the seuerall companies , appointed out of the seuerall counties of this realme , to plymmouth , that they doe , not onely see the souldiers of their seuerall bands and charges respectiuely , duely payd their conduct-monies , and prouided for of fit necessaries in their passage , but doe also carefully leade and conduct them from place to place , whither they are to goe , keeping alwayes with their companies , and suffering none of them vpon any pretence to wander or straggle from the rest . secondly , that no person or persons whatsoeuer , after hee or they hath , haue , or shall receiue his or their prest-money , doe presume to absent or hide himselfe when hee shall be called to goe with the companies , nor being in company , shall wander or straggle from his or their colours , or from the captaine , lieutenant , corporall , conductor , or other officer , to whom the conducting of them shal be assigned ; but that they all behaue themselues quietly and orderly , as becomes good subiects , without offering iniury or violence in their passage to any others , either in their persons , families , goods or cattell , or fall into any outrage or disorder amongst themselues . and if any of the sayd souldiers shall , notwithstanding this publique warning , and their captaines or conductors care and restraint , breake out and commit any outrage , take or spoile any mans house or goods in the townes or fields as they passe , straggle from their companies , or otherwise outragiously behaue themselues , that then euery such souldier so offending , be by vertue of this his maiesties proclamation , foorthwith committed to the constable of the place next adioyning , and by him in safe and sure maner conducted to the gaole of the countie , there to remaine without baile or maineprise , vntill hee shall be proceeded against by the strictest course of law which his fact shall deserue , for an example to others to auoid the like offences . and for the better execution of this his maiesties honourable , iust , and necessary commandement , his maiestie straitly chargeth and commandeth all lieutenants , deputy-lieutenants , maiors , sheriffes , iustices of peace , bayliffes , headboroughs , and other officers , and all other his maiesties good and louing subiects , to take care to preuent and represse all such disorders , as aforesaid , and to be ayding and assisting to the said captaine and captaines , or other conductor or conductors of souldiers respectiuely , and to such constable and constables , as shall haue the charge of conducting any such disorderly souldiers to the gaole respectiuely , in the due execution of this his maiesties commandement concerning the premisses , as they tender their duety and allegiance to his maiesty , and the peace and good of their countrey , and will answere for the contrary at their vttermost perils . giuen at the court at white-hall , the fifteenth day of may , in the first yeere of the reigne of our most gracious souereigne lord king charles , of great britaine , france and ireland . god saue the king. ¶ imprinted at london by bonham norton , and iohn bill , printers to the kings most excellent maiestie . anno dom. m.dc.xxv . the lords and commons assembled in parliament do declare, that by reason of the extraordinary and important affairs of the kingdom, there will be no proceedings this next easter-term ... proceedings. - - england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lords and commons assembled in parliament do declare, that by reason of the extraordinary and important affairs of the kingdom, there will be no proceedings this next easter-term ... proceedings. - - england and wales. parliament. sheet ([ ] p.) printed by edward husbands and thomas newcomb, printers to the commons house of parliament, london : [ ] order to print dated: saturday may , . steele notation: arms de- bars peo-. "easter term at westminster postponed till quinque pasche may. no trials at bar this easter term."--steele. reproduction of original in the folger shakespeare library. eng england and wales. -- parliament -- early works to . courts -- england -- early works to . great britain -- history -- charles ii, - -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no the lords and commons assembled in parliament do declare, that by reason of the extraordinary and important affairs of the kingdom, there wi england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms cr diev et mon droit honi soit qvi mal y pense the lords and commons assembled in parliament do declare , that by reason of the extraordinary and important affairs of the kingdom , there will be no proceedings this next easter-term , in the ordinary courts of law or equity at westminster , until quinque pasche , being the twenty eighth of this instant may : and that there will be no trials at the bars in westminster this next easter-term , of which the people of england and wales are to take notice . saturday may , . ordered by the commons assembled in parliament , that this declaration be forthwith printed and published . will : jessop clerk of the commons house of parliament . london , printed by edward husbands and thomas newcomb , printers to the commons house of parliament . die dominico aug. . resolved upon the question by both houses of parliament, nemine contradicente, that this ensuing declaration shall be printed. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die dominico aug. . resolved upon the question by both houses of parliament, nemine contradicente, that this ensuing declaration shall be printed. england and wales. parliament. sheet ([ ] p.) by robert barker, printer to the kings most excellent majesty: and by the assignes of john bill, imprinted at london : . explains why the parliament felt it necessary to sit on the lords day. with engraving of royal seal of charles i at head of document. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . a r (thomason .f. [ ]). civilwar no die dominico aug. . resolved upon the question by both houses of parliament, nemine contradicente, that this ensuing declaration shall england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ die dominico aug. . resolved upon the question by both houses of parliament , nemine contradicente , that this ensuing declaration shall be printed . whereas both houses of parliament found it fit to sit in parliament upon the eighth day of august , being the lords day , for many urgent and unexpected occasions concerning the safety of the kingdom , and being so straitned in time , by reason of his majesties resolution to begin his journey towards scotland on monday following , early in the morning , it was not possible for to settle and order the affairs of the kingdom , either for the government thereof in the kings absence , or for the present safety , as was requisite : upon these present necessities , though the houses thought it necessary to sit , yet the lords and commons now assembled in parliament think it meet to declare , that they would not have done this , but upon inevitable necessity , the peace and safety both of church and state being so deeply concerned , which they do hereby declare , to the end that neither any other inferiour court , or councell , or any other person , may draw this into example , or make use of it , for their encouragement in neglecting the due observation of the lords day . ¶ imprinted at london by robert barker , printer to the kings most excellent majesty : and by the assignes of john bill . . the votes of the parliament die iovis xij maij . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the votes of the parliament die iovis xij maij . england and wales. parliament. sheet ([ ] p.) printed for i.f., london : . the lords and commons will maintain the committees at york in what they have done and shall do. any person arresting them or any of them, .. or injuring them is declared a public enemy. .. -- steele. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . yorkshire (england) -- history -- th century -- sources. great britain -- history -- civil war, - -- early works to . great britain -- militia -- early works to . a r (thomason .f. [ ]). civilwar no the votes of the parliament die iovis xij maij . england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the votes of the parliament die iovis xij maij . resolved upon the question . that this house doth declare that if any person whatsoeuer shall arrest , or imprison the persons of the lords and gentlemen , or any of them : or any other of the members of either house of parliament that shall be imployed in the service of both houses of parliament , or shall offer violence to them , or any of them for doeing any thing in pursuance of the commands or instructions of both houses shall be held disturbers of the proceedings of parliament , and publick enemies of the sate : and that all persons are bound by their protestation to indeavor to bring them to condigne punishment . resolved &c. that this house doth declare that those of the city of london and all other persons that have obeyed the ordinance for the militia , and done any thing in execution thereof , have done according to the law of the land and in pursuance of what they were commanded by both houses of parliament , and for the defence and safety of the king and kingdome , and shall have the assistance of both houses of parliament against any that shall presume to question them for yeilding their obedience unto the said commands in this necessary and important service . and that whosoever shall obey the said ordinance for the time to come shall receave the same approbation and assistance from both houses of parliament . resolved &c. that this house doth declare that they are resolved to maintaine those lords , and gentlemen in those things they have done and shall further do in the obedience of their commands , for the preserving the peace of the kingdome . ordred that a message be sent to the lords to desire them that the committees may meete and prepare a speedy answere to this message of his maiesties , and perfect the answere to his maiestyes last messages , and to prepare a letter of thankes to the committees at yorke and to let them know therein that they wil make their case their owne , & mayntaine them in what they shal doe in obedience of their comands , and that a letter to the same purpose be sent to the committes at hull , & the votes agreed upon by the lords & commons enclosed , & to acquaint them with the agreement of this house in the votes sent from their lordships , and to desire that the lords would forthwith issue their comissions into all parts of the kingdome , and appoint a day ceartaine when the trained bands of the counties adjacent may be exercised according to the ordinance of parliament , and an other day for the counties more remote , and that some members may bee sent into the severall counties to see the ordinance performed . london printed for i. f. . a letter from sir george booth to a friend of his shewing the reasons of his present engagement in defence of his countries liberties, &c. delamer, george booth, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from sir george booth to a friend of his shewing the reasons of his present engagement in defence of his countries liberties, &c. delamer, george booth, baron, - . sheet ([ ] p.) s.n., [london : ] sir george booth = baron delamer. in support of a free parliament. signed and dated at end: george booth. chester aug. . . imprint from wing. annotation on thomason copy: "august .". british library copy cropped at head, with some loss of print. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from sir george booth to a friend of his; shewing the reasons of his present engagement in defence of his countries liberties, &c. delamer, george booth, baron c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion 〈…〉 present engagement in defence of his countries liberties , &c. ●ir , i think my self , and the gentlemen and others you know to be now engaged with me , have no hopes by new troubles to better our present condition ; with thankfulness we may say it , god hath made our lot larger than our desires in that kind ; and we suppose by that blessing , put an obligation upon us , as we are considerable members of our countrey , to have more sober and couragious thoughts in time of extremity than other men have : and though the indifference that lies upon other mens spirits might flat ours , yet we tannot think , but if it were represented to them , how the present power doth obliege us to put out our right eyes , when they require us to acknowledge them as a parliament , and lay upon us such heavy and grievous burthens , and such deceitful ones , as a years tax in three moneths , besides the many other impositions of excise , &c. and by raising among us a militia , they cut off our right hand , by subjecting us under the meanest and most fanatick spirits of the nation , under pretence of protection ; their spirits would be warmed into the same zeal and indignation that ours are kindled with . now consider what it is we ask , and consider whether it be not the same thing we have asserted with our lives and fortunes ? a free parliament : and what a slavery it is to our understandings , that these men that now call themselves a parliament , should declare it an act of illegality and violence in the late aspiring general cromwell , to dissolve their body in . and not make it the like in the garbling the whole body of the parliament from to , in . what is this , but to act what they condemne in others ? why do they associate themselves to the present army , or indeed to the present commanders in chief , and keep out their numerous and fellow-members , if committing violence on a parliament be so notorious a crime ? and how do they teach the souldiers boldly to do that , which themselves practise , and make them instruments of ? what is this , but under another shape to act the condemned acts of usurpation and tyranny in their old general ? what is this , but to necessitate men to complain ? and upon complaints , to be invaded by their power , so to raise ( if the english spirits be not dissolved into baseness and aptitude for slavery ) a civil war , and to endevour to water their owne root with the blood of many thousands of their countrey-men ; or to gape after those confiscations , which by a victory , upon presumption of the unity of their army , they hope to gain over all those that dare with danger assert their liberties , ( which presumption yet may fail them ; for the souldier hath , and may declare himself , no mercenary but an english freeman ; which indeed , thought it be now contrary to his actions , may return into his thoughts again : ) and what will be the issue of all this ? a mean and schismatical party must depress the nobility and understanding commons ; the land must waste it self , and forainers , or others , must take the advantage of all . i dare say , i profess for my self , and the greatest part with me , we have no aspect but this singly , that we be not possest , as waste ground is , only by the title of occupancy , or that the next that gets into the saddle ride us . let the nation freely choose their representatives , and they as freely sit without awe or force of souldiery ; and whatever in such an assembly is determined , shall be by us freely and cheerfully submitted unto . if this satisfie you , i am glad of it , for you are my noble friend . i use it not as an artifice either to engage you , or to make other counties follow our example . which if they doe not , let their posterity judge their action and ours : for we were born for our countrey ; and our countrey , our religion and laws are in danger , and we will not be unconcerned : but we are faithful and peaceful in the land , and if they in authority will decline hostility , and agree of a means to admit the old members of both houses , or to call a new free parliament , let him be ( and he only is truly ) a traitor , that resolves not his judgement and obedience into their determinations . i am ( sir ) chester aug. . . your humble servant george booth . the golden speech of queen elizabeth to her last parliament, november, anno domini, england and wales. sovereign ( - : elizabeth i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the golden speech of queen elizabeth to her last parliament, november, anno domini, england and wales. sovereign ( - : elizabeth i) elizabeth i, queen of england, - . sheet ([ ] p.) printed by tho. milbourn, and are to be sold at his house in jewen-street, london : [ ] publication date from wing. annotation on thomason copy: "xber [i.e. december]. . ". reproduction of the original in the british library. eng elizabeth -- i, -- queen of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- elizabeth, - -- early works to . a r (thomason .f. [ ]). civilwar no the golden speech of queen elizabeth to her last parliament, november, anno domini, . england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the golden speech of queen elizabeth to her last parliament , november , anno domini , . this speech ought to be set in letters of gold , that aswell the majesty , prudence and virtue of this royal queen might in general most exquisitely appear ; as also that her religious love , and tender respect which she particularly , and constantly did bear to her parliament in unfeigned sincerity , might ( to the shame , and perpetual disgrace and infamy of some of her successors ) be nobly and truly vindicated , and proclaimed , with all grateful recognition to god for so great a blessing to his poor people of england , in vouchsafing them heretofore such a gracious princess , and magnanimous defendor of the reformed religion , and heroick patroness of the liberty of her subjects in the freedom and honour of their parliaments ; which have been under god , the continual conservators of the splendour , and wealth of this common-wealth against tyranny , and oppression . the . of november , . her majesty being set under state in the council-chamber at white-hall , the speaker , accompanied with privy councellors , besides knights and burgesses of the lower house to the number of eight-score , presenting themselves at her majesties feet , for that so graciously and speedily she had heard and yielded to her subjects desires , and proclaimed the same in their hearing , as followeth : mr. speaker , wee perceive your coming is to present thanks unto us ; know , i accept them with no lesse joy , than your loves can have desire to offer such a present , and do more esteem it , than any treasure of riches ; for those we know how to prize , but loyalty , love , and thanks , i account them invaluable : and though god hath raised me high , yet this i account the glory of my crown , that i have reigned with your loves . this makes that i do not so much rejoyce , that god hath made me to be a queen , as to be a queen over so thankful a people , and to be the mean , under god , to conserve you in safety , and to preserve you from danger ; yea , to be the instrument to deliver you from dishonour , shame , and infamy ; to keep you from servitude , and from slavery under our enemies , and cruel tyranny , and vile oppression intended against us : for the better withstanding whereof , we take very acceptably your intended helps , and chiefly in that it manifesteth your loves , and largeness of heart to your soveraign . of my self i must say this , i never was any greedy scraping grasper , nor a strict fast-holding prince , nor yet a waster ; my heart was never set upon any worldly goods , but only for my subjects good . what you do bestow on me , i will not hoard up , but receive it to bestow on you again ; yea , mine own properties i account yours , to be expended for your good , and your eyes shall see the bestowing of it for your welfare . mr. speaker , i would wish you , and the rest to stand up , for i fear i shall yet trouble you with longer speech . mr. speaker , you give me thanks , but i am more to thank you , and i charge you , thank them of the lower-house from me , for had i not received knowledge from you , i might a fallen into the lapse of an error , only for want of true information . since i was queen , yet did i never put my pen to any grant but upon pretext , and semblance made me , that it was for the good , and avail of my subjects generally , though a private profit to some of my ancient servants who have deserved well : but that my grants shall be made grievances to my people , and oppressions , to be priviledged under colour of our pattents , our princely dignity shall not suffer it . when i heard it , i could give no rest unto my thoughts until i had reformed it , and those varlets , lewd persons , abusers of my bounty , shall know i will not suffer it . and mr. speaker , tell the house from me , i take it exceeding grateful that the knowledge of these things are come unto me from them . and though amongst them the principal members are such as are not touched in private , and therefore need not speak from any feeling of the grief , yet we have heard that other gentlemen also of the house , who stand as free , have spoken as freely in it , which gives us to know that no respects or interests have moved them other then the minds they bear to suffer no diminution of our honour , and our subjects love unto us . the zeal of which affection tending to ease my people , and knit their hearts unto us , i embrace with a princely care farre above all earthly treasures . i esteem my peoples love , more than which i desire not to merit ; and god that gave me here to sit , and placed me over you , knows that i never respected my self , but as your good was concerned in me : yet what dangers , what practices , and what perils i have passed , some , if not all of you know , but none of these things do move me , or ever made me fear , but it is god that hath delivered me . and in my governing this land , i have ever set the last judgement day before mine eyes , and so to rule , as i shall be judged and answer before a higher judge , to whose judgement-seat i do appeal in that , never thought was cherished in my heart that tended not to my peoples good . and if my princely bounty have been abused , and my grants turned to the hurt of my people contrary to my will and meaning , or if any in authority under me have neglected , or converted what i have committed unto them , i hope god will not lay their culps to my charge . to be a king , and were a crown , is a thing more glorious to them that see it , than it is pleasant to them that bear it : for my selfe , i never was so much inticed with the glorious name of a king , or the royal authority of a queen , as delighted that god hath made me his instrument to maintain his truth and glory , and to defend this kingdom from dishonor , damage , tyranny , and oppression . but should i ascribe any of these things unto my self , or my sexly weaknesse , i were not worthy to live , and of all most unworthy of the mercies i have received at gods hands : but to god only and and wholly all is given and ascribed . the cares and trouble of a crown i cannot more fitly resemble , than to the drugges of a learned physitian , perfumed with some aromatical savour , or to bitter pils gilded over , by which they are made more acceptable or lesse offensive , which indeed are bitter and unpleasant to take ; and for mine own part , were it not for conscience sake to discharge the duty that god hath laid upon me , & to maintain his glory , and keep you in safety , in mine own disposition i should be willing to resigne the place i hold to any other , and glad to be freed of the glory with the labors : for it is not my desire to live or reign longer , than my life & reign shall be for your good . and though you have had and may have many mightier and wiser princes sitting in this seat , yet you never had , nor shall have any that will love you better . thus mr. speaker , i commend me to your loyal loves , and yours to my best care , and your further councels ; and i pray you mr. controullor , and mr. secretary , and you of my councel , that before these gentlemen depart into their countreys you bring them all to kisse my hand . london , printed by tho. milbourn , and are to be sold at his house in jewen-street . propositions from the kings most excellent majesty: propounded by the earle of devon. the earle of newcastle. the e. of northampton. the earle of lindsey. the earle of rivers. the lord moubray. the lord rich. the lord chapel. accompanyed with . horse and foot for their guard. to the lo: brooks, and the gentry and commonalty assembled at warwick, on thursday last, august . with the lo: brooks his answer to the said propositions. also the parliaments determination concerning their resolution, wherein they declare that they will (to the hazard of their lives and fortunes) assist all those that shall obey their just commands. aug. . ordered that this be printed and published. joh. browne, clar. parl. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) propositions from the kings most excellent majesty: propounded by the earle of devon. the earle of newcastle. the e. of northampton. the earle of lindsey. the earle of rivers. the lord moubray. the lord rich. the lord chapel. accompanyed with . horse and foot for their guard. to the lo: brooks, and the gentry and commonalty assembled at warwick, on thursday last, august . with the lo: brooks his answer to the said propositions. also the parliaments determination concerning their resolution, wherein they declare that they will (to the hazard of their lives and fortunes) assist all those that shall obey their just commands. aug. . ordered that this be printed and published. joh. browne, clar. parl. england and wales. sovereign ( - : charles i) brooke, robert greville, baron, - . charles i, king of england, - . england and wales. parliament. [ ], p. printed for henry fowler, london : . annotation on thomason copy: "aug: ". reproduction of the original in the british library. eng brooke, robert greville, -- baron, - -- early works to . charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- sources -- early works to . a r (thomason e _ ). civilwar no propositions from the kings most excellent majesty:: propounded by the earle of devon. the earle of newcastle. the e. of northampton. the e england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion propositions from the kings most excellent majesty : propounded by the earle of devon . the earle of newcastle . the e. of northampton . the earle of lindsey . the earle of rivers . the lord moubray . the lord rich. the lord chapel . accompanyed with . horse and foot for their guard . to the lo : brooks , and the gentry and commonalty assembled at warwick , on thursday last , august . with the lo : brooks his answer to the said propositions . also the parliaments determination concerning their resolution , wherein they declare that they will ( to the hazard of their lives and fortunes ) assist all those that shall obey their just commands . aug. . ordered that this be printed and published . joh. browne , cler. parl. london , printed for henry fowler . . propositions propounded from the kings most excellent majesty , to the lord brooks and the gentry and communalty or the county of warwick . the kings most excellent majesty had set downe his resolution , that on the . of august , being thursday , he would goe in person to warwicke , but other affaires hindering him , or his intention altering , he deferred it till a further time , onely there went up the earle of newcastle , with two troops of horse , the earle of northampton with a regiment of foot , and a troope of horse , the earle of lindsey with five companies and two troops of horse , the earle of rivers with a company of lancashire-men , which are thought to be for the most part papists the lord rich with a regiment of foot and two hundred horse , the lord mowbray with a regiment of foot , and the lord chapell with a troop of horse . thus they marcht from nottingham , about eleven of the clock at night , toward warwick , with a great deale of privacie : where being arrived , they found my lord brooks provided for to entertaine them ; for he having given private intelligence to the gentry and commonalty of the county , there were assembled almost . trained men and others , who suffered them not to come neere warwicke by . miles , but met them comming from grove-parke , from mr. dormers , a great papist ; where it seemes the lords had been to refresh themselves . the lords seing my lord brooks so well prepared , made a stand , and caused the drum to beate a parly , which was answered by my lord brooks , and a trumpet let 〈◊〉 to demand the cause ; who was met by a trumpeter of the kings partie ; who gave information that they desired a conference with my lord . brooks , wishing him to draw out a hundred horse , and fifty musketiers for his guard , and they would doe the like . also that six men might be exchanged as pledges for the security of either party . which was agreed on , and speedily effected ; which being done , in the middle way between both forces , the lord brooks gave them a meeting , where after a salutation , the earle of newcastle and the earle of lindsey , propounded these following propositions . . that the lord brookes should immediately lay down his arms and submit to his majesties mercie , from whom he should receive a gracious pardon . . that the lo. brooks should resigne the castle of vvarwick into such hands as his majesty should thinke fit . . that the lord brooks should disavow the ordinance of the militia , and endeavour the execution of the commission of array . . that the lord brooks should deliver the magazine of that county into the hands of the earle of north-hampton . . that the lord brooks should immediately repaire to nottingham , and appeale for his majesties pardon or upon neglect thereof , to undergo his majesties severest censure . and that if he refused to performe these their honourable demands , they vowed to make him the subject of their that dayes fury . these threats so farre incensed my lord brooks , that he was about to leave them without reply , but after a litle consideration he wheeld about , and boldly marcht up to them , speaking as followes . my lords , i much wonder that men of judgement , in whose breasts true honour should remaine , should so much derogate from their ancestors and noble predecessors , as to seeke ( for private ends ) the ruine of that kingdom they should endeavour to support . doth fond ambition , or your selfe-will'd pride so much bewitch you , that you cannot see the crown of all your actions ? when the great councel of the parliament was first assembled , you then were members ; why did you not continue ? was it because your actions were so bad , you were ashamed to own them ? had you done evill in some petty kind , submission might have quitted you from that , and you have been still honoured , loved , and feared ; but by these actions ( which tend both to the ruine of king and kingdome , and your selves too ) you cannot make amends for former evils . as for these propositions , take this in answer : when that his majesty , his posterity , and the peace of the kingdome shall be secured from you that seeke the ruine of them all , i gladly shall lay downe my armes and power . as for the castle , it was delivered to my trust by the high court of parliament , who reserve it for the kings use ; and dare boldly say will so imploy it , and not like you imploy it against the king . as for the commission of array , you know it is unlawfull , and like your actions , destructive both to the laws and religion of the kingdome . for the magazine of the county , it was delivered to him both by the parliament , and the countrey ; and although he was not an earle , yet he dares be a truer subject to his king , and a faithfuller servant to his countrey ; and being so , he was resolved to keep it till northampton could shew him greater authority for his delivery of the same . as touching his majesties pardon , as he was confident that he had not given any occasion of offence to his majesty , so he needed not pardon ; that being a duty belonging to offenders , such as themselves ; and he advised them to sue out a pardon with speed , for feare that their offences being once knowne , they prove impardonable ; for he doubted not but that in a short time his majesty would finde who are his best friends . as for their fury , he bade them spit their venome ; for he hoped that northampton should be translated to warwick , and stand centry upon warwick-castle , to fright crowes , kites , and buzzards . having thus spoken , they turned their horses , and rode up to their troops : my lord books thinking that they had intended to have done something , but they very fairely wheeled about , and marched away , not once so much as taking their leave ; which my lord brooks seeing , did the like , and marched with his men to warwick : where after many thanks he read part of the resolution of the lords and commons to them , animating them on to the same resolution . we the lords and commons doe declare , that this is the true cause for which we raise armes , in the defence whereof we are resolved to live and die . ordered that this by printed and published . hen. elsyng cler. parl. do. com. by the council of state. a proclamation. whereas several officers reduced and disbanded, within the space of a year last past, do now remain in and about the cities of london and westminster, and frequently resort thither, who may be justly suspected (in these times of danger) to be inclineable (through the influence of their discontent with the present posture of affairs) to foment dissatisfactions, and to combine amongst themselves, and with others of the same principle, for disturbance of the publick peace: ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the council of state. a proclamation. whereas several officers reduced and disbanded, within the space of a year last past, do now remain in and about the cities of london and westminster, and frequently resort thither, who may be justly suspected (in these times of danger) to be inclineable (through the influence of their discontent with the present posture of affairs) to foment dissatisfactions, and to combine amongst themselves, and with others of the same principle, for disturbance of the publick peace: ... england and wales. council of state. sheet ([ ] p.) printed by abel roper, and thomas collins, printers to the council of state, london : [ ] title from caption and opening lines of text. dated: saturday the of march . at the council of state at whitehal. date of publication from wing. annotation on thomason copy: "march ". identified as wing e on umi microfilm set "early english books, - ". reproductions of the originals in the british library and the harvard university library. eng england and wales. -- army -- officers -- early works to . exile (punishment) -- england -- london -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation. whereas several officers reduced and disbanded, within the space of a year last past, do now remain england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the council of state . a proclamation . whereas several officers reduced and disbanded , within the space of a year last past , do now remain in and about the cities of london and westminster , and frequently resort thither , who may be justly suspected ( in these times of danger ) to be inclineable ( through the influence of their discontent with the present posture of affairs ) to foment dissatisfactions , and to combine amongst themselves , and with others of the same principle , for disturbance of the publick peace : the council of state having a due resentment hereof , and in tender respect to the safety of the commonwealth , have thought it necessary , that all and every such reduced and disbanded officer and officers , do on or before the twenty fifth day of this instant march , depart out of the said cities of london and vvestminster , and the late lines of communication , to their respective dwellings and places of abode in the country . and they do hereby charge and require them , and every of them to depart accordingly , and not to return till the first of may next , unless upon satisfaction received of their peaceable spirits and demeanour ; or that they have no dwellings and places of abode in the country , and notice left with the clerks of the council , or one of them , of the places of their residence in and about the said cities , or either of them , they shall obtain leave from the council of state there to continue till further order . herein the council will expect , from all persons concerned , a punctual submission and conformity at their perils . saturday the of march . at the council of state at whitehal ordered that this proclamation be forth with printed and published . wil . jessop , clerk of the council . london , printed by abel roper , and thomas collins , printers to the council of state . for the parliament of england and their army so called fox, george, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) for the parliament of england and their army so called fox, george, d. . sheet ([ ] p.) s.n., [london : ] signed at foot: george fox the younger. imprint from wing. reproduction of original in the folger shakespeare library. eng england and wales. -- parliament -- controversial literature -- early works to . great britain -- history -- restoration, - -- early works to . broadsides -- england a r (wing f a). civilwar no for the parliament of england and their army so called. fox, george d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion for the parliament of england and their army so called . yovr day into darknesse is turned ; the sun is gone down over you ; ye have had a large day , and power given unto you ; to have done the will of god ; but you have abused the power ; and sleighted your day ; and you have refused to doe the lords w●rke and have sought to serve your selves ; and not the lord ; therefore in justice and righteousnesse is the day wherein you might have wrought for god ; taken from you ; and the thick dark night of confusion is come upon you ; wherein you are groping and stumbling , and cannot worke , the decree is gone out , and sealed against you ; and it cannot be recalled ; you are not the men ( as ye stand ) in whome god will appeare to worke deliverance for his people , and creatures ; ( and yet deliverance shall come , but not according to mans exspectation ) but as for you , yee have rejected the councell of the lord ; and greeved his spirit , and he hath long borne you ; yea ; you are departed from the lord , and his presence is departed from you ; indeed he hath hewed with you ( and if you had been faithfull to the end , he would have honoured and prospered you , and have been your sufficient reward ) yee were his ax , but you have bosted your selves against him ; therefore as you have beaten , and hewed , and broken others , even so must you be beaten , hewed and broken , for you have greevously provoked the lord , and if he should now suffer that tree , which yee have cut , to fall upon you ; and to break part of you , it were just . oh ye trecherous , willfull , proud , selfe-seeking people , who have despised the counsell of the lord , and would not take warning though he hath sent his prophets and servants early and late among you , some of whome you have imprisoned , and despitfully used ; what will yee doe now , whom will you now flee unto for help ; seeing yee are departed from the lord , and are now rending and tearing , biting and devouring one another , for proud ambissious selfe ends ; ( mark ) if yee would now build againe , the thing that you once destroyed ; that shall not be able to hide , or shelter you from the wrath of the 〈…〉 abe that way whereby you think to strengthen your selves , thereby shall you make your selves much weaker , and help forward your own destruction ; you are now , but a rod , remember your end , which hastens greatly ; and now breach upon breach , insurrection upon insurrection , overturning upon overturning , heaps upon heaps , division upon division shall there be ; untill he come to raigne , whose right it is ; and all nations must bow before him ; else he will break them with his iron rod . they that trust in , or leane upon you , for help ; it is as if they leaned upon a broken reed which is not able to help it selfe ; nor others ; indeed you have been made to doe many good things ; but you would not goe through with the worke , which god will have accomplished ; and therefore are these things come upon you ; therefore tremble and dread before the lord , yee who have been as strong oakes , and tall sedars ; for now shall your strength faile you and you shall be weake , even as the weakest of men , but if you would yet beleive in the light ; and truely submit to gods righteous judgements , many of you might come to witnesse your soules saved , in the day of the lord ; though many of your bodyes are to be thrown by ( because of your greivous backslidings ) as not counted worthy to be the lords workmen . there is a small remnant yet among you ( for whom m● soule breaths ) who may be winnowed out ; and if they will owne the judgements of the lord , and truly and throly deny themselves , and follow his leadings , he will heale their backslidings ; and purge them ; that so they nay be instruments in his hand : but they that will continue with you ; in your sins ; shall partake with you ; of your judgements . th month ( ) from one , who am made willing b●th to suffer , and to raigne with christ ; even to follow him whether soever he goeth . george fox the younger . the rod of the wicked , shall not alwayes rest upon the back of the righteous ; yet even as gould is tryed ; so shall they be ; that they may be white , and without spot , before the lambe : but god will avenge their cause ; and woe then will be to their oppressors and then shall the majesty , and glory of the lord , fill his people ( who have long been troden under ) and they shall be the dread of all nations , the zeale of the lord of hosts shall performe this . die martis, decemb. resolved, &c. that no committee-man, sequestrator, collector, or other officer imployed in the sequestration in the severall respective counties where he is a committee-man, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, decemb. resolved, &c. that no committee-man, sequestrator, collector, or other officer imployed in the sequestration in the severall respective counties where he is a committee-man, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed by richard cotes, london : . signed: h:elsynge cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . attachment and garnishment -- great britain -- early works to . great britain -- history -- civil war, - -- confiscations and contributions -- early works to . a (thomason .f. [ ]). civilwar no die martis, decemb. : resolved, &c. that no committee-man, sequestrator, collector, or other officer imployed in the sequestration in england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , decemb. . resolved , &c. that no committee-man , sequestrator , collector , or other officer imployed in the sequestrations in the severall respective counties , shall by himselfe , or any other in trust for him , or to his use , take to farme or rent , any lands or estates sequestred , or to bee sequestred in the said severall counties where he is a committee-man , sequestrator , collector , or other officer imployed in the sequestrations as aforesaid . resolved , &c. that all the lands and estates of papists and delinquents sequestred , and to bee sequestred in the severall and respective counties , shall be let out at the utmost improved yearly values that any man will give for the same : and that all leases and graunts made to any delinquents or papists , the owners of the said lands and estates , or to their servants , or any in trust for them , at a lower rate and value then the same were truly worth , and might have been demised for to others , at the time the said lease shall be void . resolved , &c. that all persons in the severall and respective counties who have been in arms , or left their habitations , and resided in the enemies garisons , and are lyable to sequestrations , and have not tendred themselves to a composition for their estates , and prosecuted it with effect at goldsmiths hall , and are at liberty , and not comprised within any articles , whereby they are protected , shal be forthwith apprehended and committed to safe custody by the committee of parliament residing in the severall counties , and their names certified to the committee at goldsmiths-hall . provided that such persons whose estates reall or personall are not worth two hundred pounds be hereby pardoned and discharged from sequestration , they comming in according to the time limited in the propositions , and taking the negative oath and covenant . h. elsynge cler. part. d. com. london , printed by richard cotes , . die mercurii, septembr, a declaration of the lords and commons assembled in parliament, concerning soldiers that resort to westminster for arrears. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die mercurii, septembr, a declaration of the lords and commons assembled in parliament, concerning soldiers that resort to westminster for arrears. england and wales. parliament. broadside. printed for edward husband ..., london : octob. , . reproduction of original in the harvard university library. eng england and wales. -- army. great britain -- history -- civil war, - . a r (wing e a). civilwar no die mercurii, septembr, a declaration of the lords and commons assembled in parliament, concerning soldiers that resort to westminste england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii , septembr . . a declaration of the lords and commons assembled in parliament , concerning soldiers that resort to westminster for arrears . the lords and commons in parliament assembled , taking into their serious consideration the great inconvenience and danger which daily doth or may accrew by the resort of divers persons to the doors of both houses , under pretence of arrears to them due , the greatest part of them being persons evil-affected to the parliament and kingdom , and their coming thither being for the most part ( though under other pretences ) to disturb them in their proceedings ; and likewise remembring the effectual course by them taken by their late instructions bearing date may last , for the determining of all accompts , so that there can be no colour of any such resort as aforesaid , except it be of such who are unwilling the truth of their accompts should appear ; do hereby order and declare , that henceforth no person or persons shall presume to resort thither under any such pretence ; both houses having formerly ordered , that the committee for the accompts of the whole kingdom , or other committees authorized for that purpose , shall present rolls of such accompts so determined to both houses , and not otherwise , where those persons concerned herein shall receive such further assurance and satisfaction as both houses shall finde to be just : and in case after the publication hereof , any person shall presume contrary to this declaration , the guards attending on either or both houses , are hereby required to seize upon them , and keep them in safe custody ; and if upon examination by the committee of complaints , it be found that there is any arrear due to any such persons , every such sum of money shall be and is forfeit for his or their contempt , and such further punishment upon others , as both houses shall appoint . h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , octob. . . a declaration of the gentlemen and inhabitants of the county of brecknock, concerning their firm resolutions for the parliament, in adhering to the judgement and determination thereof, as to the supream court of judicature of the kingdom. ordered by the commons assembled in parliament, that the declaration of the gentlemen and inhabitants of the county of brecknock, of nov. . . be forthwith printed and published. h: elsynge, cler. parl. d. com. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a declaration of the gentlemen and inhabitants of the county of brecknock, concerning their firm resolutions for the parliament, in adhering to the judgement and determination thereof, as to the supream court of judicature of the kingdom. ordered by the commons assembled in parliament, that the declaration of the gentlemen and inhabitants of the county of brecknock, of nov. . . be forthwith printed and published. h: elsynge, cler. parl. d. com. gwyn, h. england and wales. parliament. house of commons. , [ ] p. printed for edw. husband, printer to the honorable house of commons, and are to be sold at his shop at the sign of the golden dragon in fleetstreet, neer the inner-temple, london, : december . . signed at end: h: gwyn [and others]. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . breconshire (wales) -- history -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a declaration of the gentlemen and inhabitants of the county of brecknock,: concerning their firm resolutions for the parliament, in adheri gwyn, h. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the gentlemen and inhabitants of the county of brecknock , concerning their firm resolutions for the parliament , in adhering to the judgement and determination thereof , as to the supream court of judicature of the kingdom . ordered by the commons assembled in parliament , that the declaration of the gentlemen and inhabitants of the county of brecknock , of nov. . . be forthwith printed and published ▪ h : elsynge , cler. parl. d. com. london , printed for edw. husband , printer to the honorable house of commons , and are to be sold at his shop at the sign of the golden dragon in fleetstreet , neer the inner-temple , december . . novemb. . . a declaration of the gentlemen and inhabitants of the county of brecknock . wee the gentry and inhabitants of the county of brecknock , whose names are subscribed , do declare and professe , that we are fully satisfied in conscience , that the two houses of parliament now sitting at westminster , are the true and undoubted lawfull parliament of england , and the supreme court of iudicature of the kingdom ; to whose iudgement and determination we do and will , in conscience of our loyalty , and not by terror or constraint , submit our selves , our lives and fortunes . vve are also perswaded and confesse , that the arms taken up and continued by authority of parliament in this defensive war , are raised and continued in their own just defence , and for the just defence of the protestant religion , the person and honour of the kings majesty , the priviledges of parliament , and the liberty of the subject ; and that the forces raised or to be raised within the kingdom of england , or dominion of wales , without their consent , are raised and imployed for destruction of parliaments , fomenting and establishing of popery , prelacy , and an illegall and arbitrary government . in apprehension whereof , we do unanimously resolve , and firmly ingage and undertake , that we , with all persons under our power and command , will from hence forward , to the extreamest hazard of our lives and fortunes , adhere to and assist the forces raised or to be raised by authority of parliament , against all other forces raised or to be raised against them , or without their consent ; and we shall willingly and cheerfully joyn with major generall laughorn , and those three associated counties wherof he is major generall , and with the county of glamorgan , with whom we are already associated ; and contribute our utmost assistance , and endeavours proportionably to the said respective counties , in such way as major generall laughorn shall think fit , and meetest for the service of the parliament . and from this resolution and engagement we shall not swerve or receade , by adhering to the contrary party , or imbracing a detestable neutrality , either by perswasion , dread , or any other motive whatsoever . h : gwyn , vic. com. brec . edward rumsey . john williams . lewis lloyde . edw : williams . roger vaughan . william morgan . john gwyn . thomas gunter . edward gwyn . richard games . will : walbiefth . will : vaughan . tho : walbief . meredith lenys . lewis ienkins . william herbert . edward games . tho : williams . william watkins . thomas lloyde . william iones . thomas roberts . daniel winter . william haynes . thomas bowen . walter lloyde· henry iones . iohn thomas . iohn win. hu : meredith . ieffery lewys . iohn lewys . edward aubrey . finis . a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended act of some commons in (or rather out of) parliament prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended act of some commons in (or rather out of) parliament prynne, william, - . [ ], , [ ] p. printed for robert hodges, and are to be sold by him, london : . caption title on p. reads: reasons assigned by william prynne, &c. with postcript, a reply to: lilburne, john. the legall fundamentall liberties of the people of england revived, asserted, and vindicated. p. correctly numbered. no errata on p. . reproduction of the original in the british library. eng lilburne, john, ?- . -- legall fundamentall liberties of the people of england revived, asserted, and vindicated -- early works to . england and wales. -- public general acts. - - -- controversial literature -- early works to . taxation -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing p a). civilwar no a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a legall uindication of the liberties of england , against illegall taxes and pretended acts of parliament lately enforced on the people : or , reasons assigned by william prynne of swainswick in the county of sommerset , esquire , why he can neither in conscience , law , nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month ; lately imposed on the kingdom , by a pretended act of some commons in ( or rather out of ) pa●liament . esay . . he looked for judgment , but behold oppression ; for righteousness , but behold a cry . psal. . . for the oppression of the poor , for the sighing of the needy ; now will i arise ( saith the lord ) and will set him in safety from him that would ensnare him . exod. . , . i have also heard the groaing of the children of israel , whom the aegyptians keep in bondage ; and i have remembred my covenant . wherefore say unto the children of israel , i am the lord , and i will bring you out from under the burdens of the aegyptians ; and i will rid you out of their bondage : and i will redeem you with a stretched out arm , and with great judgments . eccles. . , . so i returned and considered all the oppressions that are done under the sun , and beheld the te●rs of such as were oppressed , and they had no comforter ; and in the hand of their oppressors there was power , but they had no comforter : wherfore i praised the dead which are already dead , more then the living which are yet alive . london , printed for robert hodges , and are to be sold by him . . reasons assigned by william prynne , &c. being on the th of this instant june informed by the assessors of the parish of 〈◊〉 , that i was assessed at l. s. for three months contribution , by vertue of a ( pretended ) act of the commons 〈◊〉 in parliament , bearing date the seventh of april last , assessing the kingdom at ninty thousand pounds monthly , beginning from the of march last , and continuing for six months next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof l. s. d. ob . is monthly imposed on the county , and l. s. d. on the small poor parish where i live ; and being since , on the fifteenth of june required to pay in l. s. for my proportion : i returned the collector this answer , that i could neither in conscience , law nor prudence in the least measure submit to the voluntary payment of this illegall tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick libertie ) amounting to six times more then ship-money , ( the times considered ) or any other illegall tax of the late beheaded king , so much declaimed against in our three last parliaments , by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legall they had none ) then voluntarily pay , or net oppose it in my place and , calling to the uttermost , upon the same , if not better reasons , as i oppugned ( a ) ship-money , knight-hood , and other unlawfull impositions of the late king and his councell heretofore . and that they and all the world might bear witnesse , i did it not from meer obstinacy or sullennesse ; but out of folid rea●…l grounds of conscience , law , prudence , and publick affection to the weal and liberty of my native country ( now in danger of being enslaved under a new vassallage , more grievous then the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my ref●…sall in writing , and to publish them , so soon as possible , to the kingdom for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kinde of contribution . in pursuance whereof , i immediatly penned these ensuing reasons ; which i humbly submit to the impart●…all censure of all ●…nscientious and judicious englishmen ; desiring either their in●…enuous refutation , if erroneous ; or candid approbation , if substantiall and irrefr●…gable , as my conscience and judgement perswade me they are , and that they will appear so to all impartial perusers , after full examination . first , by the fundamental laws , and known statutes of this realm , no tax , tallage , ayd , imposition , contribution , loan or assessement whatsoever , may or ought to be opposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes , &c. not so imposed , levied ( though for the common defence and profit of the realm ) being unjust , oppr●…ssive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; as is undenyably evident by the expresse statutes of magna charta , cap. , . . e. . c. . . . e. . de tallagio non concedendo , cap. . . e. . rot. parl. n. . . e. . c. . . e. . rot. parl. n. . . e. . rot. parl. n. . . h. . rot. parl. n. . . r. . c. . the petition of right , and resolutions of both houses against loans , caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , . & . caroli . and fully argued and demonstrated by mr. william hackwell in his argument against impositions ; judg hutton and judg crook in their arguments , and mr. st. john in his argument and speech against ship money , with other arguments and discourses of that subject : sir edward cook in his instit. ( published by order of the commons house ) ●…ag . . &c , , , , &c. with sundry other r●…cords and law-books cited by those great rab●…ies of the law , and patriots of the peoples liberties . but the present tax of ninety thousand pounds a month , now exacted of me , was not thus imposed . therefore it ought not to be demanded of , nor levied on me ; and i ought in conscience , law and prud●…nce to withstand it as unjust , oppr●…ssive , inconsistent with the liberty and property of the subject , laws and statutes of the realm . to make good the assumption , which is only questionable . first , this tax was not imposed in , but out of parliament , the late parliament being actually dissolved above two months before this pretended act by these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of h. . rot. parl. n. . by the parliament of h. . and h. . rot. parliam . n. . cook institutes p. . and . e. . b. for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks . instit. p. . resolve ) which wa●… summoned and constituted only by his writ now ( b ) actually abated by his death : and the parliament ( as it is evident by the clauses of the severall writs of summons to ( c ) the lords , and for the election of knights and burgesses , and levying of their wages ) being onely parliamentum nostrun , the kings parliament that is dead not his h●…irs and succ●…ssors ; and the lords and commons being all summoned and authorized by it to come to his parliament , there to be present , and conferre with him ( nobiscum , not his heirs and successors ) of the weighty urgent aff●…ires that concerned ( nos ) him and his kingdome of england ; and the k●…ights and burgesses receiving their wages for , nuper ad nos ad parliamentum nostrum veniendo , &c. quod sommoneri fecimus , ad tracta●…dum ibidem super diversis & arduis negotiis nos & sta●…um regninostri tangentibus , as the tenor of the ( d ) writs for their wages determines . the king being dead , and his writ and authority by which they are summoned , with the ends for which they were called ( to confer with him , about hi●… , and his kingdoms affairs , &c. being thereby absolutely determined , without any hopes of revivall ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have dis-inherited his heirs and successors , and voted down our monarchy it self ) and these with all other members of parliament , cease to be any longer members of it , being made such only by the kings abated writ ; even as all judges , justices of peace , and sheriffs made only by the kings writ or commission , not by letters patents , cease to be judges , justices , and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros ad pacem nostram , &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be his judges , justices , and sheriffs no longer to preserve his peace , &c. ( no more then a wife can be her deceased husbands wife , and bound to his obedience , from which she was loosed by his death , rom. . , . ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our ( e ) law-books and judges have frequently resolved upon this very reason , which equally exnends to members of parliament , as to judges , justices and sheriffs , as is agreed in e. . , . and brooke , office and officer , . therefore this tax being clearly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses or members of parliament , but onely private men , their parliamentary authority expiring with the king , it must needs be illegall , and contrary to all the fore-cited statutes ; as the convocations and clergies tax and benevolence granted after the parliament dissolved in the year . was resolved to be by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it . . admit the late parliament still in being , yet the house of peers , earls and barons of the realm were no ways privie nor consenting to this tax , imposed without , yea , against their consents in direct afsront of their most ancient undubitable parliamentary right and priviledges , ( these tax-masters having presumed to vote down and null their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , entituled by them , an act of the commons assembled in parliament : whereas the hou●…e of commons alone , though full and free , have no more lawfull authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , then the man in the moon , or the convocation , anno . after the parliament dissolved ( as is evident by the e●…press words of the fore-cited acts , the petition of right it self ; 〈◊〉 , for the trienniall parliament ; and against the proroguing or di●…olving this parliament , . caroli : with all our printed statutes , (f) parliament-rolls , and (g) law-books : ) they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constituting m●…mbers of our (h) ancient parliaments , ( which co●…sisted of the king and spirituall and temporall lords , without any knights , citizens or burgesses , as all our histories and records attest ) till h. . at soonest ; they having not so much as a speaker or commons house , til after the beginning of king ed. the third's reign , and seldom or never presuming to make or tender any bills or acts to the king or lords , but petitions only for them to redress their grievances and enact new laws , til long after rich. the seconds time , as our parliament rols , and the printed prologues to the statutes of . . . . . . . . . and . e●… . . rich. . . . . . . . . . hen. . . . . . . . he●… . . . . . . . . . . . . . . . . hen. . ●… . . . . . . ed. . and rich. . evidence ( which run all in this form , at the parliament holden , &c. by the advice and assent of the lords spirituall and temporall and at the speciall instance and request of the commons of the realm , ( by their petitions put in the said parliame●… , as some prologues have it . ) our lord the king hath cau●…ed to be ordaine●… , or ordained certain statutes , &c. ) where the advising and assenting to lawes is appropriated to the lords ; the ordaining of them to the king ; and nothing but the reque●…ting of , and petitioning for them to the commons , both from king and lords , in whom the legislative power principally , if not sose●…y resided ; as is manifest by the printed prologue to the statute of merton . . hen. . the statute of mortemain ed. . . ed. . de asportatis religiosorum , the statute of sheriffs , . e. . and of the templers , e. . to cite no more . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegall , and no ways obligatory to the subjects . . admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying it without king or lords ; ( which they never did , nor pretended to in any age ) yet this act and tax can be no ways obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed , swayed , over-awed by the chief officers of the army , who have presumed by meer force and armed power , against law and without president , to seclude the major part of the house ( at least parts of ) who by law and custom are the house it self , from sitting or voting with them , contrary to the freedom and priviledges of parliament ; readmitting none but upon their own terms . an usurpation not to be paraleld in any age , destructive to the very being of parliaments ; (i) where all members ex debito justiciae , should with equal freedom meet and speak their minds : injurious to all those counties , cities , boroughs , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea , contrary to all rules of reason , justice , policy , conscience , and their own , agreement of the people , which inhibit the far lesser part of any councel , court , or committee , to oversway , seclude or fore-judg the major number of their assessors and fellow-members , over whom they can no ways pretend the least jurisdiction , it being the high-way to usher tyranny and confusion into all councels & realms , to their utter dissolution , since the king alone without lords and commons , or the lords alone without king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact laws without the commons , or any other forty or fifty commoners meeting together without their companions do the like , as well as this remnant of the commons make themselves a compleat parliament without king , lords , or their fellow-members , if they can but now or hereafter raise an army to back them in it , as the army doth those now sitting . . suppose this tax should binde these counties , cities , and burroughs , whose knights , citizens and burgesses sate and consented to it when imposed , ( though i dare swear imposed against the minds and wils of all or most of those they represent ; ( who by the (k) armies new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of . e. . rot. parl. n . did all refuse to grant a great extraordinary subsidie then demanded of them ( though not comparable to this ) for the necessary defence of the kingdom against foraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities or burroughs , whose knights , citizens and burgesses have been secluded or scared thence by the armies violence , or setling members illegall votes for their seclusion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the onely (l) reason in law , or equity , why taxes or acts of parliament oblige any member , county , burrough or subject , is , because they are parties and consenting thereunto either in proper person ; or by their chosen representatives in parliament ; it being a received maxime in all laws , quod tangit omnes , ab omnibus debet approbari . upon which reason it is judged in our (m) law-books , that by-laws oblige onely those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( whiich comes fully to the present case ) in . h. . . . h. . . brook ancient demesne . & parl. . . it is resolved , that ancient demesne is a good plea in a writ of waste upon the statutes of waste , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament . hath this observable note , it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of waste and yet ancient demesne is not excepted : and it is enacted , . ed. . cap . that fines and proclamation shall be in chester , for that the former st●…tutes did not extend to it : and it is 〈◊〉 , th●… a fine and proclamation shall be in lancaster . . & . ed. . c. . and in a pro●…lamation upon an exigent is given by the statute in chester a●…d wales , . e. . c. . and by anot●…er act to lancaster , . & . e. . c. . and the statutes of justices of peace extended not to wales and the county palatine ; and therefore an act was made for wales and chester , . h. . c. . who had knights and burgesses appointed by that parliament for that and future parliaments by act of parliament , . hen. . cap. . since which they have continued their wages being to be levied by the statute of . h. . c. . now , if acts of parliament bound not wales and counties . palatines , which had anciently no knights not burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this heavie tax , and illegall act to binde those knights , citizens and burgesses , or those counties , cities and burroughs they represented , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , or connivance at least , of those now sitting , who imposed this tax , and passed this strange act ; especially , being for the support and continuance of those offcers , and that army who traiterously seised and secluded them from the house , and yet detain some of them prisoners , against all law and justice . the rather , because they are the far major part ( above six times as many as those that sate and shut them out ) and would no wayes have consented to this illegall tax , or undue manner of imposing it , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisonsd and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to this tax or act , one or both of them being forced thence by the army , i conceive neither my self , nor the county where i live , nor the borough for which i served , in the least measure bound by this act or tax , but cleerly exempted from them , and obliged with all our might and power effectually to oppose them . if any here object , that by the custom of parliament forty members onely are sufficient to make a commons house of parliament and there were at least so many present when this tax was imposed : therefore it is valid and obligatory both to the secluded absent members and the kingdom . i answer , first , that though regularly it be true , that forty members are sufficient to make a commons house to begin prayers , and businesses of lesser moment in the beginning of the day , till the other members come , and the house be full ; yet were never in any parliament reputed a compe●…ent number to grant subsidies , passe , or read bills , or debate or conclude matters of greatest moment ; which by the constant rules & usage of parliament , were never debated , concluded , passed , but in a free and full house , when all or most of the members were present , as the parliament rolls , journals , modus te●…ndi parliamentum , sir edward cooks institu●…s , p. . . . . cromptons jurisdiction of courts , f. &c. . e. . . brook parliament . . . jac. c. . and the many records i have cited to this purpose in my levellers levelled , my plea for the 〈◊〉 , and memento , p. . abundantly prove beyond contradiction●… ; for which cause the members ought to be fined , and lose their ●…ges , if absent without sp●…cial li●…nce , as . modus t●…nexdi parliamentum , r. . par. . c. . . h. . c. . and a co●…ection of all orders , &c. of the late parliament , pa. . . with their frequent summoning and fining absent members , evidence . secondly , though fo●…ty members onely may peradventur●… make an house in cas●… of absolu●…e nece●…y , when ●…he r●…st through sicknes , & publick or private occasions , are volu●…rily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members nev●…r yet made a common●… house by custome of parliament ( ●…here being never any such case til now ) when the rest ( being above ●…our hundred ) were forcibly secluded , or driven thence by an army , through the practice or connivance of those forty sitting , o●… purpose that they should not over nor counte●…-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a l●…w , custom or president of parliament ( not to be found in any age ) all they pretend is nothing to purpo●…e , or the present case . thirdly , neither forty members , nor a whole house of commons were ever enough in any age , by the custome of parliament or law of england , or impose a tax , or make any act of parliament , without the king and lords , as i have n already proved ; much l●…sse after they ceased to be members by the parliaments dissolution through the kings beheading ; neither w●…re they ever invested with any legall power to seclude or exp●…l any of their felow members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or differing in their consciences and judgements from them ; nor for any other cause , without the kings and lords concurrence ( in whom the ordinary judiciall power of the parliament resides ) as i have undeniably proved by presidents and reasons in my plea for the lords , p. . to . and ardua regni , which is further evident by claus. dors. . r. . m. . & mr. seldens titles of honor , p. . banneret camoys case , discharged from being knight of the shire by the kings writ and judgment alone , without the commons vote , because a peer of the realm ; the practice of s●…questring and expelling commons by their fellow-commons only , being a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructive to the priviledges and freedom of parliaments , and injurious to those counties , cities , boroughs , whose trustees are secluded ; the house of commons it self being no court of justice to give either an oath or finall sentence , and having no more authority to dismember their fellow-members , then any judges justices of peace , or committees have to disjudg , disjustice , or discommittee their fellow . judges , justices , or committee-men , being all of equall authority , and made members only by the kings writ and peoples election , not by the houses , or o●…her members votes ; who yet now presume both to make and unmake , seclude and recal , expel and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle , instead of an english parliament . therefore this objection no waye●… invalids this first reason ; why i neither can nor dare submit to this illegal tax in conscience , law , or prudence , which engage me to oppose it in all these respects . if any object , that true it is , the parliament by the common law and custome of the realm determines by the kings death ; but by the statute of caroli , which enacts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues this parliament still in being , notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support the continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law , that every statute ought to be expounded according to the intent of those that made it , and the mischiefs it intended onely to prevent , as is resolved in . edw. . . . edw. . . . h. . plowd . com fol. . and cooks . instit. p. , . now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death ( no ways intimated or insinuated in any clause thereof , being a cleer unavoydable dissolution of it to all intents not provided for by this law , ) but by any writ or proclamation of the king , by his regal power , without consent of both houses ; which i shall manifest by these ensuing reasons . first , from the principal occasion of making this act. the king ( as the commons in their * rem●…nstrance of the state of the kingdom , decemb. , complain ) had dissolved all former parliaments during his reign without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear of preventing of the like dissolution , prorogation , or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only ground & occasion of this law ( not any fear or thoughts of its dissolution by the king untimely death ) then not so much as imagined , being before the warrs or irish rebellion brake forth ) the king very healthy , not ancient , and likely then to survive this parliament , and many others , in both houses judgment , as appears by the bill for trienniall parliaments . this undeniable truth is expresly declared by the commons themselves in their foresaid romonstrance ; exact collection p. . . . . compared together ; where in direct terms they affirm , the abbrupt dissolution of this parliament is prevented by another bil , by which it is provided it shall not be dissolved or adjourned without the consent of both houses : in the bill for continuance of this present parliament , there seems to be some restraint of the royal power in d ssolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessary for the kings own security , and the publick peace , that without it we could not have undertaken any of these great charges , but must have left both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act ; that the scope and intention of it was only to provide against the kings abrupt dissolution of the parliament by the meer royall power in suspending the execution of it for this ti●…e and occasion only ; and that for the kings own security , ( not his heirs and successors ) as well as his peoples peace and safety . therefore not against any dissolutions of it by his natural ( much lesse his violent ) death ; which can no ways be interpreted , an act of his royall power , which they intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : but a naturall impotency , or unnaturall disloyalty , which not only suspends the execution of the kings power for a time , but utterly destroies and takes away him and it without hopes of revival for ev●…r . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolution of this present parliament ) intimates as much , compared with the body of it , which provides , as wel against the adjourning and proroguing of both or either houses without an actof parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or pr●…gued in any way or sence , much less untimely , by the kings death , ( which never adjourned or prorog●…d any parliament , ) but only by his proclamation , writ , or royal command , to the houses or their speaker , executed during his life ; as all our journals , ‖ parliament rolls and * law-books resolve , though it may be dissolved by his death , as wel as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning , proroguing and dissolving this parliament together without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative wayes and meanes by which parliaments had formerly been untimely adjourned and prorog●…ed as well as dissolved by the kings meer will without their assents ; not of a dissolution of it by the kings death which never adjourned nor prorogued any parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the deathof king henry the th ; the only parliament we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by act . thirdly , the prologue of the act implies as much ; whereas great sums of money must of necessity be speedily advanced & procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts : &c. and for supply of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , until such obstacles be first removed as are occasioned by fear , jealousies and apprehensions of divers of his majesties loyal subjects that the parliament may be adjourned , prorogued or dissolued ( not by the kings sodain or untimely death , of which there was then no fear , jealousy or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill councellors ) before justice shall be duly executed upon delinquents ; ( then in being , nor sprung up since ) publique grievances ( then complained of ) r●…dressed , a firm peace betwixt the two nations of england and scotland concluded , and before sufficient provisions be made for the repayment of the said moneys ( not others since ) so to be raised : all which the commons in this present parliament assembled having duely considered , do therefore humbly beseech your majesty , ●…at it may be declared and enacted , &c. ●…ll which expressions , relate●… onely to his late majesty only , not his heirs and successours ; and the principal scope of this 〈◊〉 , to gain present credit to raise moneys to disband the scotish and english armies then lying upon the kingdom , being many yeers since accomplished ; yea and justice being since executed upon strafford , canterbury , and other delinquents then complained of ; the publick grievances then complained of ( as star-chamber , high-commission , ship-money , tonnage and poundage , fines for knighthood , bishops votes in parliament , with their courts and jurisdictions and the like ) redressed by acts soon after passed , and a firm peace between both nations concluded before the wars began ; and this preamble's pretentions for this act fully satisfied divers years before the king's beheading ; it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease ; especially after the ends for which it was made were accomplished : and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveraign lord , with the assent of the lords & commons in this present parliament assembled , & by the authority of the same , that this present parliament now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance there of be prorogued or adjourned , unlesse it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . and in like manner that the house of commons shall not at any time or times during this present parliament be adjourned unless it be by themselves , or by their own order . whence it is undeniable , . that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliame nt then assembled , and no other . . that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . . that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament in their * remonstrance of the . of may : oft in termin●… acknowledge , together with his negative voice to bils . . that it was neither the kings intention in passing this act to shut himself out of parliament , or create members of a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . c. . p. . nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him ; as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act to set up a parliament onely of commons ( much lesse of a remnant of a commons house selected by colonel pride , and his confederates of the army to serve their turns , and vote what they prescribed ) without either king or house of peers , much le●…se to give them any super-transcendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or a●…sent , against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded , or suspended from sitting or voting , which is the greater , and that by their inferiours in all kindes , a fragment of the commons house , who can pretend no colour of jurisdiction over them , before whom they alwayes stood bare-headed , like so many grand-jury-men before the judges , and attended at their doors and bar to know their pleasures : ) unlesse it be by themselves , or by their own order . . that neither the king , lords nor commons intended to set up a perpetuall parliament , and intail it upon them , their heirs and successors for ever , by this act , which would cross and repeal the act for 〈◊〉 parliame●…ts made at the same time , and on the same * day in law ; but to make provision only against the untimely dissolving of this , till the things mentioned in the prèamble were accomplished and setled ; as the preamble , and those oft repeated words , any time or times during the continuance of this present parliament , conclude ; and that during his majesties reign and life , not after his death ; as these words coupled with the relief of his majesties army and people ; and for supply of his maj●…sties pre●…ent ●…nd urgent occasions in the preamble manifest . therefore this act can no wayes continue it a parliament after the kings beheading ; much lesse after the exclusion both of the king and lords house out of parliament by those now si●…ting , contrary to the very letter and provision of this act ; by which dev●…ce the king alone , had he conquered and cut off , or secluded by his forces the lords and commons house from sitting , might with much more colour have made himself an absolute parliament , to impose what taxes and laws he pleased , without lords or commons , on the people , by vertue of this act , then those few commons now sitting since his tryall and death doe . . the last clause of this act , and that all and every thing or t●…ings whatsoever done or to be done ( to wit , by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect : now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly s●…iled , a thing done , or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly voi●… and of none effect , by restoring him to his life again . therefore the dissolution of the parliament by the kings death , is cleerly out of the words and intentions of this act , especially so many yeers after its enacting . . this present parliament and every member thereof , being specially summoned by the kings w●…it , only to be his parliament and councell , and to conferre with him of the great and urgent affaires concerning him and his kingdom ; and these writs and elections of them , returned unto him and his court by indenture , and the persons summoned and chosen by vertue of them appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absu●…dity and absolute impossibility to assert , that the houses intended by this act to continue this parliament in being after the kings beheading or death : unless they that maintain this paradox be able to inform me and those now sitting , how they can conferr and advise with a dead king of things concerning him and his kingdom ; and that even after they have extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and councell whose head they have cut off : and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne to represent his person ; neither of which they dare to doe , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments dissolution by it , must needs be illegall and meerly void in law to all intents ; because not granted nor imposed in , but out of parliament ; by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , then any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority by this president to tax the kingdom or any county what they please , and then levy it by an army or force of armes , to the peoples infinite , endless oppression and undoing : this is my first and principall exception against the legality of this tax , which i desire the imposers and levyers of it most seriously to consider ; and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the th february , . have protested to the whole kingdom : that they a●…e fully resolved to maintain ; and shall and will uphold , preserve , and ●…ep the fundamentall lawes of this nation , for , and concerning the preservation of the lives , properties and liberties of the peo●…le , with all things incid●…nt thereunto : which how it will stand with this tax imposed by them out of parliament , or their act concer●…ing new treasons ; i desire they would satisfie me and the kingdom , before they levy the one , or proceed upon the other against any of their follow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration , expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated . martii , . engage themselves : to prooure the well-being of those ●…hom the●… serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedome of the nation : and to prevent to their power , the reviving of tyrannie , injustice , and all former evils ( the only end and duty of all their labors ) to the satisfaction of all concerned in it . . they charge the late king for exceeding all his predecessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loanes , unlawfull imprisonments , and other oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpa●… broken by him almost in every part of it , very soon after his solemn consent given unto it . ( ) his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers ( ) worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet ( ) exacted by him expresly against law ; and punishment of many ( ) good patriots , for not submitting to whatsoever ●…e pleased to demand , though never so much in breach of the known law . the multitude of projects and monopolies established by him . his designe and charge to bring in ( ) germane-horse , to awe us into slavery : and his hopes of compleating all by his grand project of ( ) ship-money , to subject every mans estate to whatsoever proportion he pleased to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a th●…ng of that ( ) strange impiety and unnaturalness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his owne being a foraigner : neither could it easily have purchased belief , but by his succ●…eding visible actions in ful pursu●…ance of the same . as the kings coming in person to the ( ) house of commons to seise the five members , whether he was followed with ( ) some hundreds of unworthy d●…baunched persons , a●…med with swords and pistols , and other armes ; and th●…y attending at the doore of the house , ready to 〈◊〉 whatsoever their leader should command them . the oppr●…ssions of the councell-table , star-chamber , high-commission , court-martiall , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not farr exceeded now by sundry arbitrary committees and sub-committees , to name no others in all manner of oppressions and injustice ) concluding thus : upon all these and many other unparalleld offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows and orphans , and childless parents , and millions of persons undone by him , let all the world of indifferent men judg , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to justice : and much more you if you imitate or exceed him in all or any of these , even by your own verdit ? . themselves charge the king with profuse donations of salaries and pensions to such as were found , or might be made fit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal ways of draining the peoples purses ; all which mischief and grievance they say wil be prevented in their free state ; though the quite contrary way ; as appears by the late large donation of some thousands to mr. henry martin , the lord lisle , commissary general ireton and others of their members and instruments , upon pretence of arrears , or service , some of them out of the moneys now imposed for the releife of ireland . and must we pay taxes to be thus prodigally expended ? fourthly , they therein promise and engage , that the good old laws and customs of england the badges of our freedom ( the benefit whereof our ancesters enjoyed long before the conquest , and spent much of their blood to have confirmed by the gre●…t charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most just , free and equal of any other laws in the world ; shall be duly continued and maintained by them ; the liberty , property and peace of the subject being so fully preserved by them , and the common interest of those whom they serve . and if those lawes should be taken away , all industry must cease ; all misery blood and confusion would follow , and greater calamities , if possible , then fel upon us by the late kings misgovernment , would certainly involve all persons , under which they must inevitably perish . . they therein expresly promise . p. . to order the revenue in such a way , that the publick charges may be defrayed ; the souldiers pay justly and duly setled : that free-quarter may be wholy taken away and the people be eased in their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes , thus augmented ; and that against law by pretended acts made out of parliament , against all these good old lawes and statutes , our liberties and properties , which these new tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution ? thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all & consent of most now sitting , did in sundry ‖ remonstrances and declarations published to the kingdom , not only tax the king and his evil counsellors for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive wars ; but likewise professed ; * that they were specially chosen and intrusted by the kingdom in parliament and owned it as their duty to hazzard their own lives and estates for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birthrights , as well as the greatest subject . that every honest man ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against wil and power , which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which theiril counsel had brought upon the king and kingdom ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes for the maintenance of their laws and liberties : with many such like heroick expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late members who have joyned in these remonstrances are engaged by them to second me ; under paine of being adjudged unworthy for ever hereafter to sit in any parliament or to be trusted by th●…ir counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictions and printed aspersions of the beheaded king ; (‖) that the maintenance of the laws , liberties , properties of the people , were but only guilded dissimulations and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both lawes , liberties , and properties at last . and not any thing like them , to introduce anarchy , democracy , parity , tyranny in the highest degree , and new formes of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them , but to enslave and undoe themselves , and to be last destroyed . which royal predictions many complaine we finde too truely verified by those who now bear rule , under the name and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members who above all others are obliged to disprove them by their answers as wel as declarations to the people , who regard not words but reall performances from these new keepers of their liberties ; especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation and proclaim them the archest impostors under heaven . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted void ; others of them elected by * new illegall writs under a new kind of seal , without the kings authority , stile , or seal , and that since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common law and custome of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case , claus. dors. . r. . m. . and asserted by master selden in his titles of honor , part . . c. . p. . seconded by sir edward cook in his institut . p. , , , , , . ) as i should admit these to be lawfull members , and these unlawfull void writs to be good in law ; so i should thereby tacitly admit , & ex post facto assent to some particulars against my knowledg , judgment , conscience , oaths of supremacy , allegiance , protestation , and solemn league and covenant , taken in the presence of god himself , with a sincere he●…rt and reall intention to perform the same , and 〈◊〉 therein al the days of my life , without suffering my self directly or indirectly , by whatsoever combination , perswasion or terror to be withdrawn therefrom . as first , that there may be and now is a lawfull parliament of england actually in being , and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords , or most of their fellow-commons : which the very consciences and judgments of all now sitting , that know anything of parliaments , and the whole kingdom if they durst speak their knowledg , know & beleeve to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted and packed by power of an army combining with them ) hath a just and lawful authority to violate the priviledges , rights , freedomes , customs , and alter the constitution of our parliaments themselves ; imprison , seclude , expel most of their fellow-members for voting according to their consciences ; to repeal what votes , ordinances and acts of parliament they please , ere●…t new arbitrury courts of war and justice 〈◊〉 a●…aign , condemn , execute the king himself , with the peers & commons of this realm by a new kind of martial law contrary to magna charta , the petition of right , and law of the land : dis-inherit the kings poste●…ty of the crown , extirpat monarchy , & the whole house of peers , change and subvert the ancient government , seals , law●… , writs ; legal proceedings , courts , and coin of the kingdom ; ●…ell and dispose of all the lands , revenues , jewels , goods of the crowne , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their very oath of allegiance , notwithstanding this express clause in it ( which i de●…ire may be ●…riously and conscienciously considered by all who have sworne it ) i do ●…eleeve and in conscien●… am r●…olved , that neither the pope . norany person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and ●…ull authority to be lawfully ministred unto me and do renounce all pardons and dispensations to the contrary : dispense with our protestations , solemn league and covenant , so lately * zealously u●…ged and injoyned by both houses on members , officers , ministers , and all sorts of p●…ople throughout the realm : dispose of all the forts , ships , forces , offices and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they will from their offices , trusts , pensions , callings , at their pleasures without any legall cause or tryall : to make what new acts , lawes , and reverse what old ones they think meet , to insnare , inthral our consciences , estates , liberties , lives : to create new monstrous treasons never heard of in the world before ; and declare r●…ll treasons against king , kingdome , parliament , to be no tr●…asons , and loyalty , allegi●…nce , due obedience to our knowne lawes , and consciencious observing of our oaths and covenant ( the breach whereof would render us actuall traytors and perjurious persons ) to be no lesse then high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons , liv●…s to the gallowes , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. . . e. . c. . . edw. . cap. . . ed. . c. . . e. c. . . e. . cap. . . ed. . cap. . . r. . c. . . h. . c. . . h. . rot. par. n. . . e. . c. . mar. c. . the petition of right , caro●… , and laying all our * laws , liberties , estates , lives in the very dust after so many bloody and costly years wars to defend them against the kings invasions ) rayse and keep up what forces they will by sea and land , impose what heavy taxes they please , and renew , increase , multiply and perpetuate them on us as often and as long as they please , to support their own encroached , more then regall , parliamentall , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publique charge against our wils , judgments , consciences , to our absolute enslaving , and our three kingdom●… r●…ine , by engaging them one against another in new civill wars , and exposing us for a prey to our forraign enemies . all which , with other particulars , lately acted and avowed by the imposers of this tax , by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledg to be just and legall by my voluntary payment of it , of purpose to maintain an army , to justifie and make good all this by the meer power of the sword , which they can no waye●… justifie and defend by the lawes of god or the realm , before any tribunall of god or men , when legally arraigned , as they shal one day be . neither of which i can or dare acknowledg , wi●…hout incurring the guilt of most detestable perjury , and highest treason , against king , kingdom , parliament , laws and liberties of the people ; and therfore cannot yeeld to this assessment . thirdly , the principal ends and uses proposed in the pretended act and warrants thereupon for payment of this tax , are strong obligations to me , in point of conscience , law , prudence , to withstand it ; which i shall particularly discuss . the ●…irst is , the maintenance and contiuuance of the present army and forces in england under the lord fairfax . to which i say , first , as i shall with all readiness , gratitude and due respect , acknowledg their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutifull and constant to their first engagements , and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their late monstrous defections , and dangerous apostacies from their primitive obedience , faithfulness , and engagements in disobeying the commands , and levying open war against both houses of parliament , keeping an horrid force upon them at their very doors ; seising , imprisoning , secluding , abusing , and forcing away their members , printing and publishing many high and treasonable declarations against the institution , priviledges , members and proceedings of the late , and being of all future parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and dis-inheriting his posterity , usurping the regall , parliamentall , magistraticall , and ecclesiasticall power of the kingdom to their generall-councell of officers of the army , as the supreme swaying authority of the kingdom , and a●…empting to alter and subvert the ancient government , parliaments , laws , and customs of our realm : and upon serious consideration of the ordinary , unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times , * that the whole kingdom , with all our lands , houses , goods , and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdom : that our very lives are at their mercy and courtesie . that when they have got ten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will sei●…e ●…pon our lands as their own , and turn us and our families out of doors : that there is now no law in england ( nor never was , i●… we beleeve their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law , nor prudence assent unto , much less contribute in the least degree for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the priviledges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about two months space under their martiall , to my great expence and prejudice , without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallell'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custodie by the meer power of the sword , without bringing them to triall ) would be , not only absurd , unreasonable , and a tacit justification of this their horrid violence , and breach of priviledg , but monstrous , unnaturall , perfidious , against my oath and covenant . . no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for the common good , as is clear by the stat. of e. . c. . & cooks instit. p. . now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : . because the kingdom is generally exhausted with the late years wars , plunders and heavy taxes ; there being more moneyes levied on it by both sides , during these eight last yeares , then in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . . in regard of the great decay of trade , the extraordinary dearth of cattell , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort eaten out by taxes and free-quarter , being utterly unable to relieve them . to which i might adde the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . . this heavie contribution to support the army , destroies all trade , by fore-stalling and engrossing most of the monies of the kingdom , the sinews and life of trade ; wasting the provisions of the kingdom , and enhancing their prices , keeping many thousands of able men and horses idle , only to consume other labouring mens provisions , estates , and the publick treasure of the kingdom , when as their employment in their trades and callings , might much advance trading , and enrich the kingdom . . there is now no visible enemy in the field or garrisons , and the sitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , eat up the country with taxes and free-quarter , only to play , drink , whore , steale , rob , murther , quarrell , fight with , impeach and shoot one another to death as traitors , rebels , and enemies to the kingdom and peoples liberties , as now the levellers and cromwellists doe , for want of other imployments , and this for the publick good , transcends my understanding . . when the king had two great armies in the field , and many garisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons and foot , and had an establishment only of about fortie five thousand pounds a month for their pay ; which both houses then thought sufficient , as is evident by their (o) ordinances of febr. . . and april . . and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves , to disband and reduce all super-numeraries , maintain the established army and garisons , and ease the country of all free-quarter ; which tax hath been constantly paid in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now exacted , besides the sixty for the army ) and this for the common good of the realm , is a riddle unto me , or rather , a mystery of iniquity , for some mens private lucre , rather then the publick weal . . the militia of every ●…ounty ( for which there was so great contest in parliament with the late king ) and those persons of livelihood and estates in every shire or corporation who have been cordiall to the parliament and kingdom heretofore , put into a posture of defence under gentlemen of quality and known integrity , would be a far agreater guard to secure the kingdom against forreign invasions or domestick insurrections , then a mercenary army of persons and souldiers of no fortunes , and that with more generall content , and the tenth part of that charge the kingdom is now at to maintain this armie , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying their pretended arrears , which i dare averr , the free-quarter they have taken in kinde , and levied in money , if brought to a just account , as it ought , will double , if not treble most of their arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therefore there is a necessity for them to keep up the army , to prevent all dangers from abroad , and insurrections at home . i answer , . that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the kingdom till dooms-day . . if they be real members who make this objection , elected by the counties , cities and boroughs for which they serve , and deriving their parliamentall authority only from the people , ( the onely n●…w fountain of all power and authority , as themselves now dogmatize ) then they are but their servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , fidelity , and estate , who both elected , intrusted and impowred them , and are the primitive and supreme power ; it is high time for their electors and masters [ the people ] to revoke their authority , trusts , and call them to a speedy account for all their late exorbitant proceedings , and mispence of the kingdoms treasure ; and no longer to trust those with their purses liberties , safety , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercenary , indigent souldiers , then to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees and attourneys onely they profess themselves , and who have greatest interest both in them and the kingdoms weal , and are those who must pay these mercenaries , if continued . . the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws , and priviledges safeguard , which they have so oft invaded ; professing now , that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves in stead of free-men : averring , that all is theirs by conquest ( which is as much as the king and his cavaliers , or any forreign enemy could or durst have affirmed , had they conquered us by battel : ) and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the meer support of the usurped power , authority , offices , wealth and absolute domination only of those who have exalted themselves for the present , above king , parliament , kingdom , laws , liberties , and those that did intrust them , by the help of this trust-breaking army , who have * lost and stained all the glory of their former noble victories and heroick actions , by their late degenerous unworthy practices , and are become a reproach to the english nation in all christian kingdoms and churches . the second end of this heavie tax , is the support and maintenance of the forces in i●…land , for which there was only twenty thousand pounds a month formerly allowed , now mounted unto●… thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of . e. . c. . e. c. . . . ed. . c. . . ed. . c. . h. . c. . c●…oks institutes●… p. . and the protestation of all the commons of england in the parliaments of hen. . num . . and . h. . num . . that no free-man of england ought to be compelled to go in person●…●…r to finde souldiers , arms , conduct mone●… , wages , or pay any tax for or towards the maintenance of a●…y forreign war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the warr in i●…eland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegall , and no ways obligatory to me , or any other . . most of the ancient forces in irel nd ( as the brittish army , scots and inchiqueen's , towards whose support the twenty thousand pounds a month was designed ) have been long since declared rebels , t●…aytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army , and to be paid out of that establishment , there is no ground at all to augment , but to decrease this former monthly tax for ireland , over what it was before . . many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . . if the relief of ireland be now really intended , it is not upon the first , just and pious grounds , to preserve the protestant party there from the forces of the bloody , popish , irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and hold correspondence , and are now actually accorded with owen roe-oneal , and his pary of bloudiest papists ; but to oppose the kings interest and title to that kingdom ( * setled on him , his heirs & successors for ever by an express act of parliament made in ireland , . h. . c. . and by the stat. of jac. c. . made in england , yet unrepealed , ) and the protestant remaining party there , adhering to , and proclaiming , acknowledging him for their soveraign ; lest his gaining of ir●…land should prove fatall to their usurped soveraignty in england , or conduce to his enthroning here : and by what authority these now sitting can impose , or with what conscience any loyal subject who hath tagen the oaths of supremacy , allegeance , and cov●…nt , can voluntarily pay any contribution to deprive the king of his hereditary right , and undoubted title to the kingdoms & crowns of england & ireland , and alter the frame of the ancient government and parliaments of our kingdoms , p remo●…strated so often against by both houses , and adjudged high treason in canterburies and straffords cases , for which they were beheaded ; and by themselves in the kings own case , whom they decolled likewise ( without incurring the guilt of perjury and danger of high treason , to the loss of his life & estate , by the very laws and statutes yet in force transcends my understanding to conceive : wherfore i neither can , nor dare , in conscience , law or prudence , submit to this contribution . fourrhly , the coercive power , and manner of levying this contribution , expressed in the act , is against the law of the land , and liberty of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doors , chests , &c. to distrain ; which is against magna charta c. . the petition of right ; the votes of both houses in the case of ship-mony , r. . c. . and the resolution of our judges and law-books . . ed. . . . e. . . cook report , f. , . semains case , and . inst. p. . . secondly , imprisonment of the body of the party till he pay the contribution , being contrary to magna charta , the petition of right , the resolution of both houses in the parliament of caroli , in the case of loans ; and caroli , in the case of ship-mony , the judgment of our judges and law-books , collected by sir edward cook . in his inst. p. . &c. and the statute of . h. . rot. parl. n. . unprinted , but most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force : adjudged high treason in the case of the earl of strafford , and a levying of war within the statute of . ed. . by the late parliament , for which he lost his head : and so proved to be at large by master st. iohn in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegall means of levying it ) if any person whose goods are destrained , or person imprisoned for this illegall tax , shall bring his action at law , or an habeas corpus for his relief , the committee of indempnity will stay his legall proceedings , award costs against him , and commit him anew till he pay them , and release his suits at law , and upon an habeas corpus , their own sworn judges ( created by them , without any oath to do equal justice , &c. to all : but only to be true and faithfull to their new-erected state : ) dare not bayl but remaund him against law ; an oppression and tyranny , far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law both in the cases of loanes , shipmony and knighthood , without any councel 〈◊〉 , committee of indempnity to stop their suits , or inforce them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to this illegall tax , but oppugn it to the utetrmost , as the most invasive on laws and liberties , that ever was . fifthly , the time of imposing this illegall tax , with these unlawfull ways of levying it , is very considerable and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first yeare of englands liberty , and redemption from thraldom . and if this unsupportable tax , thus illegally to be levied , be the first fruits of our first years freedom , and redemption from thraldom , as they stile it ; how great may we expect our next years thraldome will be , when this little finger of theirs is heavier by far then the kings whole loyns , whom they beheaded for tyranny and oppression ? sixthly , the order of this tax ( if i may so term a disorder ) or rather newnesse of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i finde , that was ever imposed by any who had been members of the commons house after a parliament dissolved ; the lords house voted down , and most of their fellow . commoners secured or secluded by their con●…ivance or confederacy with an undutifull army . which if submitted to , and not opposed as illegall , not only the king or lords alone without the commons , bu●… any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and com●…ons that once sate with them , being encouraged thereto by such an unopposed precedent . which being of so dangerous consequence and eximple to the constitution and priviledges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new cockatrice in the shell , lest it grow to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to lade us with new and heavier taxes of this kinde , when this expires ( which we must expect , when all the kings , b shops , deans and chapters lands are shared amongst them , sold and spent ) as they will quickly be if we patiently submit to this leading decoy ; since (q) bonus actus inducit consuetudinem , as our ancestors resolved , anno . in case of an unusuall tax demanded by the pope ; whereupon they all unanimously opposed it at first ; (r) opprime dum nova sunt subiti mala semina morbi : principiis obsta ; serò medecina paratur cum mala per longas invaluere moras , being the safestrule of state-physick we can follow in such new desperate diseases , which endanger the whole body-politick . upon which grounds the most consciencious gentlemen and best patriots of their country opposed loans , ship-money , tonnage , poundage , knighthood , and the late illegall impositions of the king and his councell in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if these worthies conceived themselves thus obliged to oppose those illegall impositions of the king and his councel , though countenanced by some judges opinions as legall , to their immortal honour , and high esteem both in country and parliament , who applauded them as the (*) principal maintainers of their countries liberties ; then much more ought i , and all other tenderers of their own and countries freedom , to oppose this illegal dangerous contribution imposed on us by a few fellow-subjects only , without yea against all law or president to countenance it , being of greater consequence , and worser example to the kingdom , then all or any of the kings illegal projects or taxes . seventhly , the excessivenesse of this tax , much raised and encreased , when we are so exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance , november . . and by the (*) imposers of it●… amounting to a sixt part , if not a moyety of most mens estates , is a deep engagement for me to oppose it ; since taxes , as well as (s) fines and amerciaments ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many wil be by this , if forced to pay it by distresse or imprisonment . upon this ground , in the parliament records , of and ed. the third , we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the warres , who ought to pay them . and in the printed . statutes of henr. . c. . mariae c. . to omit others , we find subsid●…es mitigated and released by subsequent acts of parliament , though granted by precedent , by reason of the peoples poverty any inability to pay them . yea somtimes we read of something granted them by the king , by way of aid to help pay their subsidies , as in . edward . rastal , tax . . and . ed. . c. . and for a direct president in point : when (t) peter rubie the pope's legat in the yeer . exacted an excessive unusual tax from the english clergie ; the whole clergy of berk-sbire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusal , pertinent to our time and present tax ; whereof this was one , that the revenues of their churches scarce sufficed to find them daily food , both in regard of their smalness , and of the present dearth of corns ; and because there were such multitudes of poore people to relieve , some of which dyed of famin , so as they had not enough to suffice themselves and the poore . whereupon they ought not to be com●…elled to any such contribution : which many of our clergie may now likewise plead most truly , whose livings are small , and their tithes detained ; and divers people of all ranks and callings , who must sell their stocks , beds , and all their houshold-stuffe , or rot in prison , if forced to pay it . eighthly , the principal inducement to bring on the paiment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countreys and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to (u) former engagements . against which i have these just exceptions . . that the taking of free-quarter by soldiers in mens houses , is a grievance against the very common-law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which with his goods therein he may lawfully (x) fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning (y) purveyers , which prohibit the taking of any mens goods or provisions against their wills , or payment for them under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , . caroli . condemned by the commons house in their (z) declaration of the state of the kingdom of the . december , . and charged as an article against king richard the second when deposed , in the parliament of h. . nu . . yea , it is such a grievance , as exposeth the houses , goods , provisions , moneys , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier . therefore absolutely to be abolished without any compensation : and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , but to impose one grievance upon pretext to remove another . . there have been many promises , declarations and orders of both houses and the generall , for taking off free quarter heretofore , upon the peoples paying in their contributions before land , now ; and then none should free quarter on them , under pain of death : yet no sooner have they pay'd in their contribution , but they have been freequartered on as much or more then formerly : the souldiers , when we tell them of any orders against free-quarter , slighting them as so many wast papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be freequarter taken , and there can be no prevention of it , there being a nec●…y of it : and when any have craved allowance of it , they have ●…ound so many put-offs and delayes , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the moneys allowed have been called for again . so as few have had any allowance for quarters , and most have given over suing for them , being put to play an after-game to sue for them after all their contributions first paid , and not permitted to deduct them out of their contributions , as in justice and reason they ought , which they are still enforced to pay without deduction . this pretext therefore of taking a way free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they finde by sad experience every-where , and in the county and hundred where i reside . for , not to look back to the last yeers free-quarter taken on us ( though we duly paid our contributions , ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six days together in a place , and exacted and received most of them s. others s. d. and the least s. d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , soustock , walcot and widcombe , small parishes in our hundred and liberty , as they will prove upon oath , and given it me under their hands , to li. s. d. charge ; beside their quarters in other parishes of the hundred , sir hardresse wallers souldiers upon pretext of collecting arrears of contribution not due from the hundred , put it to at least l. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them , but on the and of may last , col. hunks his foot under the conduct of captain flower and captain eliot pretending for ireland , but pro●…essing they never intended to go thither , marching from minehead and dunster ( the next westerne ports to i●…eland further from it to oppresse the country , put bathwich , l●…idge , wolly , b●…theastan , katherin and ford to l. s. and s●…swick ( where i live ) to about l. expences for two dayes free-quarter ( by colour of the generals order dated the first of may●… being the rudest and deboistest in all kinds , that ever quartered since the warrs , and far worse then the worst of goring's men , whereof some of them were the dreggs , and their captain flower , a cavalier heretofore in arms ( as is reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swords , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee , ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controll them ) to abuse m●… . in pursuance whereof , some thirty of them coming to my house , shouting and hollowing in a rude manner on may , when their billet was but for twenty , not shewing any authority , but onely a ticket , [ mr. prynne — ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me , ( who demanded whose souldiers they were , by what authority they demanded free-quarter , my house being neither inne , nor ale-house ; and free-quarter against law and orders of parliament , and the generals ) using many high provoking speeches , brake some of my windows , forced my strong-beer cellar-door , and took the key from my servant , ransacked some of my chambers under pretext to search for arm●… , taking away my servants clothes , shirts , stockings , bands , cu●…s , handkerchiefs , and picking the money out of one of their pockets ; hallowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strongb●…er , against the ground , abused my maid servants , throwing bee●… & other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took for their eggs and young ones , v●…al and mutton being not good enough for them : they continued drinking and roaring before , at and after supper , till most of them were mad , drunk , and some of them dead drunk under the table . then they must have beds provided for them ( for they would lye but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her camber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a peece for their beds , and next dayes quarters ; and at last forced her for feare of their violence ( being all drunk ) to give them eighteen pence a peece , assoon as they were forth of doors , and six pence a peece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at the bath , some thirty of them in my absence came about ten of the clock , notwithstanding the moneys received of my sister for their quarters , re-entred the house , and would have quarters again , unlesse she would give them three shillings a peece ; which she refusing , they thereupon abused and beat the servants and workemen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many furies and devils , brake open my parlour , milk-house , and garden-doors , abused my pictures and brake an hole in one of them ; and hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children , and maid-servants with their naked swords , threatning to kill them , and kick them to gelly , shot at them with their musquets , forced them out of the house to save their lives : which i hearing of , repaired to my house , and finding them all so bedlam mad , and that they would not hearken to any reason , nor be quieted , i thereupon rode to seek their captain and officers at bath , who purposely absented themselves : and not finding them till the next morning , i acquainted the captain then ( as i had done the first night by letter ) with all these unsufferable outrages of the souldiers ( contrary to the generals order to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious , not onely to the country and kingdom , but all officers and souldiers who had any civility in them , and be a disparagement to the generall , by whose proclamation he ought to be present with his company , to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarously rude , but by his incouragement : which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them , and remove them forthwith from my house : but the onely right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continuing there till neer four of the clock ; and then marched away onely out of fear i would raise the country upon them ; many of whom profered me their assistance : but i desired them to forbear till i saw what their officers would do ; who in stead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what money they could from the country by their violence and disorders . now , for me , or any other to give moneys to maintain such deboist bedlams and beasts as these ( who boasted of their villanies , and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civill persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquer●urs , and take free-quarter on us , amounting to at least a full yeers contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants for paying in this tax to prevent it for the future , issued ; is so far against my reason , judgment and conscience , that i would rather give all away to suppresse discard them , or cast it into the fire , then maintain such graceless wretches with it to dishonour god , enslave , consume , ruine the country and kingdom ; who every where complain of the like insolencies ; and of taking free-quarter since the ninth of june , as above two hundred of colonel cox his men did in bath the last lords day ; who drew up in a body about the majors house , and threatned to seise and carry him away prisoner for denying to give them free-quarter , contrary to the new act for abolishing it . lastly , this pretended act implies , that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with free-quarter : and what an height of oppression and injustice this wil prove , not only to distrain and imprison those who cannot in conscience , law or prudence submit to this illegall tax , but likewise to undo them , by exposing them to free-quarter , which themselves condemn as the highest pest and oppression , let all sober men men consider : and what reason i and others have to oppose such a dangerous , destructive president in its first appearing to the world . in few words ; as long as we keep an army on foot , we must never expect to be exempted from free-quarter or wars , or to enjoy any peace or setlement : and as long as we wil submit to pay contributions to support an army , we shall be certain our new lords and governors will continue an army to over-aw and enslave us to their wils . therefore the onely way to avoid free-quarter , and the cost and trouble of an army , and settle peace , is to deny all future contributions . ninthly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and safety of our ancient and first christian kingdom of england , its parliaments , laws , liberties and religion , as at first ; but to disinherit the king of the crown of england , scotland , and ireland , ( to which he hath an undoubted right by common and statute law ; as the parliament of jacobi ch. . resolves ) and to levie war against him , to deprive him of it : to subvert the ancient monarchical government of this realm , under which our ancesters have always lived and flourished , to set up a new-republick , the oppressions and grievances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away the lives of the late king , peers , and other subjects , against the fundamental laws of the land , creating new monstrous treasons never heard of in the world before , and the like ; ) but cannot yet enjoy or discern the least ease or advantage by it : to overthrow the ancient constitution of the parliament of england , consisting of king , lords , and commons , and the rights and priviledges thereof : to alter the fundamental laws , seals , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our laws , oaths , covenant , protestation , (a) publick remonstrances and engagements to the kingdom and forreign states , not to change the government , or attempt any of the premises . all which being no less then high treason by the laws and statutes of the realm ( as sir edward cook in his . institutes ch. . and mr. st john in his argument at law , upon passing the bill of attainder of the earl of strafford ( both printed by the commons special order ) have proved at large by many precedents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and canterbury , who were condemned and executed as traitors by judgment of parliament , and some of these now sitting , but for some of those treasons upon obscurer evidences of guilt , then are now visible in other : i cannot submit thereto , without incurring the crime and guilt of thefe severall high tre●…sons , and the eternal , if not temporal punishments incident thereunto , if i should volutarily contribute so much as one penny or farthing towards such treasonable and disloyal ends as these , against my conscience , law , loyalty and duty , and all my oaths and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgment and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and difadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our laws and government , abolishing of our taxes , disbanding of our forces , revivall of our decayed trade , by the renewing and perpetuating our bloody uncivill warrs ; engaging scotland , ireland , and all forreign princes and kingdoms in a just war against us , to avenge the death of our late beheaded king the dis-inherit●…ng of his posterity , and restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continuall warrs ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honorable terms , and invested in their just possessions . which were far more safe , honorable , just , prudent , and christian for our whole kingdom voluntarily and speedily to do themselves , then to be forced to it at last by any forraign forces ; the sad consequences whereof we may easily conj●…cture , and have cause enough to fear , if we now delay it , or still contribute to maintain armies to oppose their titles , and protect the invaders of them from publick justice . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous consequences , by any submission to this illegall tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgments of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of that omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and the ruine of my greatest enemies and opposers ) to oppugne this unlawfull contrbution , and the payment of it to the uttermost , in all just and lawfull wayes , i may ; and if any will forcibly levie it by distresse or otherwise , without law or right ( as theeves and robbers take mens goods and purses ) let them doe it at their own utmost perill . i trust god and men will in due season do me justice upon them , and award me recompence for all their injuries in this kinde , or any sufferings for my countries liberties . how ever , fall back , fall edge , i would ten thousand times rather lo●…e life , and all i have , to keep a good conscience , and preserve my native liberty , then part with one farthing , or gain the whole world with the losse of either of them ; and rather die a martyr for our ancient kingdom , then live a slave under any new republick , or remnant o●… a broken , dismembred , strange parliament of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realme , in being subject to their illegal taxes , and what they call acts of parliament , which in reality are no acts at all to binde me , or any other subject , to obedience , or just punishment for non obedience thereunto , or non-conformity to what they stile the present government of the armies modeling , and i fear , the jesuites suggesting , to effect our kingdoms and religions ruine . william prynne . swainswick , june , . psal. . , . i have not sate with vain persons , neither will i go in with dissemblers : i have hated the congregation of evill doers , and will not sit with the wicked . finis . a postcsript . since the drawing up of the precedent reasons , i have met with a printed pamphlet , intituled , an epistle written the th day of june , by lieutenant colonel john lilburn , to master william lenthal speaker to the remainder of those few knights , citizens and burg●…es that col. thomas pride at his late purge thought convenient to leave sitting at westminster , ( as most fit for his and his masters designes , to serve their ambitious and tyrannicall ends , to destroy the good old laws , liberties and customs of england , the badges of our freedom , as the declaration against the king , of the th of march , . p. . calls them ) and by force of arms to rob the people of their lives , estates and properties ; and subject them to perfect vassallage and slavery , &c. who ( and in truth no otherwise ) pretendedly stile themselves , the conservators of the peace of england , or the parliament of england , intrusted and authorized by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned , p. . they say ) they are ; although they are never able to produce one bit of law , or any piece of a commission to prove , that all the people of england , or one quarter , tenth , hundred or thousand part of them authorized thomas pride , with his regiment of souldiers , to chuse them a parliament , as indeed it hath de facto done by this pretended mock-parliament : and therefore it cannot properly be called the nations or peoples parliament : but col. prides and his associates , whose really it is : who , although they have beheaded the king for a tyrant , yet walk in his oppressingest steps , if not worse and higher . in this epistle , this late great champi●…n of the house of commons , and fitting ●…cto's supremacy , both before and since the kings beheading , who with his brother a overton and their confederates , first cryed them up as , and gave them the title of the supreme authority of the nation : the onely supreme judicatory of the land : the onely formall and legall supreme power of the parliament of england , in whom alone the power of binding the whole nation by making , altering , or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords , and personall treaty , ( as he and they print and boast in b this epistle , and other late papers ) doth in his own and his parties behalf ( who of late so much adored them , as the onely earthly deities and saviours of the nation ) now positively assert and prove first , that c commissary general ireton , colonel harrison , with other members of the house , and the general councel of officers of the army , did in several meetings and debates at windsor , immediatly before their late march to london to purge the house , and after at white-hall , commonly stile themselves the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament ; & no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ; yea , and had done it , if we ( say they ) and some of our then friends in the house , had not been the principal instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a reall and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and onely by the will of sword-men , whom we had already found to be men of no very tender consciences . if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resolved to pull it up by the roots as such , then it necessarily follows , first , that they are much more so after the kings death , and their suppression of the lords house , and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rationall men . and no wayes enabled by law to impose this or any other new tax or act upon the kingdom , creating new treasons and●…penalties . secondly , that these grand saints of the army and stearsmen of the pretended parliament knowingly sit , vote and act there against their own judgements and consciences , for their own private , pernicious ends . thirdly , that it is a baseness , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these grandees in their assembly & army , to sit or vote together with them , or to enjoy any office or command in the army , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus villified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and as great a baseness in others for to pay it upon any terms . secondly he there affirms that (d) oliver crumwel by the help of the army at their first rebellion against the parliament , was no sooner up , but like a perfidious , base , unworthy man , &c. the house of peers were his only white boys , and who but oliver ( who before to me had called them in effect both tyrants and usurpers ) became their proctor , where ever he came ; yea and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord wh●…rtons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience , that the lords had as true a right to their legislative & jurisdictive power over the commons as he had to the coat upon his back , and he would procure a friend , viz. master nathaniel fiennes , should argue and plead their just right with any friend i had in england . and not only so , but did he not get the general and councel of war at winsor ( about the time that the votes of no more addresses were to pass ) to make a declaration to the whole world , declaring , the legal right of the lords house , & their fixed resolution to maintain & uphold it ? which was sent by the general to the lords by sir , hardresse waller : and to inde●…r himself the more unto the lords in whose house without all doubt he intended to have sate himself , he requited me evil for good ; and became my enemy to keep me in prison , out of which i must not stirre , unless i would stoop and acknowledge the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do●… it : yet now they have suppressed them . whence it is most apparent , . that the general , lieutenant generall cromwel , ireton , harrison , and other officers of the army now sitting as members , and over-ruling all the rest , have wittingly acted against their own knowledges , declarations , judgments , consciences in suppressing the lords hou●…e ; and depriving them of ther legislative and jurisdictive right and power , by presuming to make acts , passe sentences , and impose taxes without them , or their assents in parliament . . that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , is in their own judgment and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all who love their own or countries liberties , or have any nobility , or generosity in them . thirdly , he (e) there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but a pretended parliament , a mock-parliament ; yea , and in plaine english , no parliament at all , but the shadow of a parliament . that those company of men at westminster , that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law or representatives of the people , by the rules of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed theeves choose and set apart to try , judge , condemne , hang or behead any man that they please , or can prevaile over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pretence of justice , grounded upon rules meerly flowing from their wills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves downe in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons : to set up indeed a mock-power , and a mock-parliament ; by purging out all those , that they were any way jealous of , would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of parliament , and the shadow and imperfect image of legal and just authority to pick their pockets for them by assessments and taxations ; and by their arbitrary and tyrannical courts and committees ( the best of which is now become a perfect star-chamber , high-commission , and councel-board ) make them their perfect slaves and vassals . with much more to this purpose . if then their principal admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england before , at , and since the late force upon the house , and its violent purgation , do thus in print professedly disclaim them , for being any real parliament or house of commons , to make acts or impose taxes upon the people ; the secluded members , presbyterians , royallists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority and illegal taxes , acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein futher avers : (f) that the death of the king , in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very hour . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherefore the members of the commons house were chosen and sent thither , was , to treat and conferr with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , or third estate of that parliament , to which they were to come and ●…yn with , and who were legally to make permanent and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws , the end both in reason and law of the peoples trust is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor of a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within it 's limited time , in all its splendor of glory , without the awe of armed m●…n , neither in law , nor in the intention of their choosers were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly void of reason , as to call tho. prides pittifull junto a parliament , especially those that call●… , avowed , protested and declared again and again those to be none that sate at westminster , the , - &c. of july . when a few of their members were scared away to the army , by a few hours t●…mult of a company of a few disorderly apprentices . and being no representative of the people , much lesse a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people the shew of their own wills , lusts and pleasures for lawes and rules of government , made by a pretended everlasting , nulled parliament , a councel of state , or star-chamber and a councel of war , or rather by fairfax , cromwell and ireton . now if their own late confederates and creatures argue thus ●…n print against their continuing a parliament , jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more doe it , and oppose them to the utmost upon the 〈◊〉 - same ends ? fifthly , he there likewise affirmes , (g) that those now fitting at westminster have perverted the ends of their trusts then ●…ver strafford did : . in not easing the people of , ( bu●…encreasing ) their greivances . , in exhausting their estates to maintain and promote pernicious designes to the peoples destruction . the king did it by a little ship-mony & monopolies ; but since they began , they have raised and exto●…ted more mony from the people and nation then half the kings since the conquest ever did ; as particularly : . by excise , contributions . sequestrations of lands to an infinite value . . fift part . twentyeth parts . meal-mony . sale of plundered goods . loanes . benevolencies . . collections upon their fast days . new impositions or customs upon merchandize , guards maintained upon the charge of private men . fi●…ty subsidies at one time . compositions with delinquents to an infinite value . sale of bishops lands . sale of dean and chapters lands : and now after the wars are done . sale of king , queen , prince , duke and the rest of the childrens revenues . sale of their rich goods which cost an infinite sum . to conclude all , a taxation of ninety thousand pounds a month : and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and tenn thousands a peece amongst themselves , and wipe their mouthes after it , like the impudent harlot , as though they had done no evill ; and then purchase with it publick lands at smal or trivial values : o brave trustees ! that have protested before god and the world , again and again in the day of their straits they would never seek themselves , and yet besides all this divide all the choicest and profitabl●…st places of the kingdom among themselves . therefore when i seriously consider , how many men in parliament and elsewhere of their associates ( that ●…udge themselves the onely saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four●… five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not only of the people of the world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread . i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that whoso hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from 〈◊〉 ( which he absolutely doth that any way takes a little of his little from him ) how dwelleth the love of god in him ) iohn . . these actions and practices are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murther in the wo●…ld , to rob the poor in the day of their great distresse by excise , taxations , &c. to maintain their pomp , superfluities and deb●…ry , when many of those from whom they take it , do perish and starve with want & hunger in the mean time , and be deaf and adamant-hearted to all their teares , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended , godly religious men , have got a degree beyond those atheists o●…fools , that say in their hearts , there is no god . psal. . . and . . . in quite destroying the peoples essentiall liberties laws and freedoms , & in leaving them no law at all ( as m. peters their grand teacher aver●…ed lately to my face we had none ) but their meer will and pleasures ; saving fellons laws , or martiall law , where new butchers are both informers . parties , jury men and judges , who have had their hands imbrewed in blood for above seven these years together , having served an apprentiship to killing of men for nothing but money , and so are more bloo●… then butchers that kill sheep and calves for their own livelihood ; who yet by the law of england , are not permitted to be of any jury for life and death : because they are conversant in sheddidg of blood of beasts , and thereby through a habit of it may not be so tender of the blood of men , as the law of england , reason and justice would ha●…e them to be . yea , do not these men by their swords , being but servants , give what laws they please to their masters the pretended law-makers of your house , now constituted by as good and legall a power as he that robs and kills a man upon the highway . and if this be the verdict of their own complices & partiza●…s concerning them & their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the time of famine and penury ( is the great officers of the army and treasurers who are members now doe , who both impose what taxes they please , and dispose of them to themselves and their creatures as they please , contrary to the practice of all former ages , and the rules of rea●…on and justice too ) are not all others bound by all bonds of conscience , law , prudence to withstand their impositions and edicts unto death , rather then yeild the least submission to them ? sixthly , he there avers , proves and offers legally to make good , before any indifferent tribunal , that the (h) grandees and over-ruling members of the house and army are not only , a pack of dissembling , jugling knaves and machevillians , amongst whom in consultation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amongst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death without any satisfaction taken for their lives , as traytors , enemies , rebels to , and (i) conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament , kingdome and the peoples majesty and soveraignity ; that the pretended house and army are guilty of all the late crimes in kinde , though under a new name and notion , of which they charge the king in their declaration of the . of march . that some of them more legally deserve death , then ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants that ever lived in the world : and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindness they have done all the mischiefe they have done in destroying our lawes and liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. and shall we then submit to their taxes and new acts , or trust them with our estates , lives , liberties , and the supreme power , if such now in their own late adorers eyes ? seventhly , he there asserts , (k) that whosoever st●…ps to their new change of government and tyranny , and supports it , is as absolute a traytor both by law and reason , as evèr was in the world ; if not against the king , prince charles , ( heir apparent to his fathers●… cro●…n and throne ) yet against the peoples majesty and sover●… . and if this be true , as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so ; then all those that are executed at tiburn &c. by their sentence of condemnation are meerly murthered , and the judges and justices that condemned them are liaeble in time to be hanged●… ( and that justly ) therefore for acting without a just and legal commission : either from true regal or true parliamentary power : ( except in corporations only where they proceed by ancient charters in the ancient legal form ) . and if this be law and (l) gospel ( as no doubt it is ) then by the same reason , not only all legal proceedings , indictments , judgments , verdicts , writs , tryals , fines , recoveries , recognisances , and the like before any of our new created judges and justices since the kings beheading in any courts at westminster , or in their circuits , assisses , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , are not only meerly void , illegal , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices sheriffs , now acting , and lawyers practising before them in apparent danger of high-treason both against king , kingdom , they neither taking the oathes of judges , supremacy or allegiance as they ought by law ; but only to be true and faithful to the new erected state ; but likewise all votes and proceedings before the pretended house or any of their committees , or sub-committees in the country , with all their grants and offi●…es , moneys●… salaries , sequestrations , sales of lands or goods , compositions &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , coll●…ctors , treasurers , &c. and all other officers imployed to levy and to collect this illegal tax to support that usurped parliamentary authority , and army , which have beheaded the late king , dis-inherited his undoubted●…h●… , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdom , with the liberty and property of the people of england , no less then high treason in all these respects , as is fully proved by sir edward cook in his . institutes , ch. . . and by mr. st. john in his argument at law at the attainder of the earl of strafford , both published by the late commons house order ; which i desire all who are thus imployed , to consider ; especially such commissioners who take upon them to administer a new unlawful ex-officio oath to any to survey their neighbours and their own estates in every parish , and return the true values thereof to them upon the new prov'd rate for the last months contribution , and to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damne mens souls , invented by cardinal woolsy , much enveighed against by father latimer in his sermons , condemned by the expresse words of the petition of right providing against such oathes ; and a s●…are to enthrall the wealchier sort of people by discovering their estates , to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer an oath in any case whatsoever , much l●…sse then to conferre any authority on others to give such illegall oathes , and fine those who refuse them , the highest kind of arbitrary tyranny both over mens consciences , properties , liberties ; to which those who voluntarily submit deserve not only the name of traytors to their country , but to be (m) boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any wayes active in imposing or administring such oathes , and levying illegall taxes by distresse or otherwise , may and will undoubtedly smart for it at last ; not only by actions of trespasse , false imprisonment , accompt , &c. brought against them at the common law , when there will be no committee of indempnity to protect them from such suits , but likewise by inditements of high treason , to the deserved losse of their estates , lives , and ruine of their families when there wil be no parliament of purged commoners , nor army to secure , nor lega●… plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present sordid fear of loss of liberty , estate , or the like , being no (n) excuse in such a case and time as this , but an higher aggravation of their crime : the (o) fearful being the first in that dismall list of malefactors , who shall have part in the lake which burneth with fire and brimstome , which is the second death ; even by christs own sentence . john . . to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . notes, typically marginal, from the original text notes for div a e- a see my humble rem●…st . 〈◊〉 against ship-money . b see e. . cap. . cook . report . , . dyer . ed . , . e. . . brook commission . . . c cromptens ju●…isdiction of courts . fol. . cook . insti●… p. . . d . ed. . m. . part . . dors. claus. regist. f. . . e ed. . e. . . brook commissions . . . & officer , . dyer . . cook . report . , . 〈◊〉 e. . c. . daltons justice of peace , c. p lambert . p. (f) . r. . . . 〈◊〉 . h . n. 〈◊〉 . h. . n. 〈◊〉 . (g) . h. . . b. . h . . . . h . . for●… c. f. . dyer . . brook parliament . . . cooks insti●…es , p. . (h) s●…e the 〈◊〉 〈◊〉 〈◊〉 , and my 〈◊〉 for 〈◊〉 〈◊〉 . (i) cooks . institutes p. . (k) declarat . nov. & . . (l) . ed. . . ● . h. . . brook parl. . . cook . instit. p. . , . jac. cap . (m) . e. . , . . h. . . brook customs . . object . answ. n see my plea for the lords , and levellers levelled . answ. * exact collect. p. . . ‖ . e. . parl. . rot. parl . r. . n. , . r . n. . ●… . . h. . n. , , . h. . n. . h. . n , , , . h. . n. , . . h. . n. . , . * cooks . institut p. , dyer . f . * exact collect p. . . . . . * book parliament . . relation . dyer . ( ) is not this the armies & their own late and present practise ? ( ) alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . ( ) and is it not so by you now , and transmitted unto the exchequer to be levyed ? ( ) and do not you now the same , yea , some of those very good patrio●…s ? ( ) are not the generals and armies horse and foot too , kept up and continued among us for that very purpose , being some of them germans too ? ( ) not one quarter so grievous as the present tax imposed by you for the like purpose . ( ) and is it not more unnaturall in those now sitting , to engage the english army , raised by the parliament of england , and covenanting to detend it from violence against the very parliament of england and its members , and that successively twice after one another , and yet to own and support this army without righting those members ? ( ) was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of armed horse and foot , a thousand times a greater offence , especially after so many declarations of the houses against this of the kings ? ( ) was not humphrey edwards now sitting , an unduly elected member , one of them thus armed ? hen. ma●…tin is accomptable to the state for abvoe l. which the committee of accounts in two years time could never bring him to account for , and yet hath l. voted him lately for moneys pretended to be disbursed ; to whom and for what , quere . nota. ‖ exact . collect p. . . . . . ●… * exact collect. p. . . . . . , . . . (‖) exact col lect. p. . . . . . . . . . . . &c. . . . . &c. . . &c a collect. &c. p. . . &c. . * see cooks instit. p. . * a collect . &c. pag. , , , , , , , &c. , , , , , &c , , . * see cooks inst. p. , , , . * can or will the king himself say more , or so much as these , if he invade and conquer us b●… f●…r raign forces ? and were it not better for us then to submit to our lawful king , then so many thousand perfidious usurping pretended conquerors of us , who of late pretend they were no other but our servants ? (o) collect. &c. pag. . . object . 〈◊〉 see their declaration , march , . pag. . . * ezek. . . * see seldens titles of honor . p. . p see a col●… lect. p . . . . . . (q) matt. paris , . (r) ovid de remed. amoris . (*) exact collection p. . and their own declarations . mar. . p. . &c. (*) in their declarations march . . . p. . (s) mag. chart. c. . e. . c. . cook . . instit. p. . . . . (t) matt. paris , p. . (u) a collection , &c. pag. . (x) see cook , . report . f. , . semans case , rep. sendels case . lambert f. . daltons justice of peace , . h. . c. . (y) see rastal title parveyers . (z) an exact collect. p . (a) see an exact collection : and a collection of publick orders , &c. p. . . . . . notes for div a e- a his petition and appeal , & his arrow of defiance . see mr. edwards ga●…grena , pa. pag. . f. . b pag. , . c pag. , . (d) pag. , (e) pag. . , . , . (f) pag. . . . . . . (g) pag. , . . . (h) pag. . . . . . . . . , , , . . . (i) see pag. . . (k) p. . . (l) luk. . . . c. . . (m) exod. . . . (n) see . h. . rot. par. n . (o) rev. . . by the lord protector. a proclamation about dissolving the parliament. england and wales. lord protector ( - : r. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the lord protector. a proclamation about dissolving the parliament. england and wales. lord protector ( - : r. cromwell) cromwell, richard, - . sheet ([ ] p.) printed by henry hills and john field, printers to his highness, and are to be sold at the seven stars in fleetstreet over against dunstans church, london : [ ] dated at end: given at white-hall the twenty second of april in the year of our lord, . annotation on thomason copy: "april. ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the lord protector. a proclamation about dissolving the parliament. england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion pax qvaeritvr bello olivarivs dei ◆ gra ◆ reipvb ◆ angliae ◆ scotiae ◆ et hiberniae , &c protector ◆ rp blazon or coat of arms by the lord protector . a proclamation about dissolving the parliament . whereas we summoned our high court of parliament to assemble and meet together at our city of westminster the twenty seventh day of january last , which hath continued until this present day ; and whereas we did by our commission under our great seal of england , bearing date at westminster this present twenty second day of april , for divers weighty reasons , declare our pleasure and resolution to dissolve the said parliament : and to that end did thereby constitute and appoint our right trusty and right welbeloved counsellor nathanael lord fiennes , one of the lords keepers of our great seal of england , and others our commissioners in our name , this said present twenty second day of april to dissolve our said parliament , which was by them done according to the tenor of the said commission in the usual place , and by virtue thereof our said parliament is absolutely dissolved . nevertheless we have thought it necessary , with the advice of our privy councel , by this our proclamation to publish and make known the same , to the end all persons whom it may concern may take notice thereof . given at white-hall the twenty second of april in the year of our lord , . london , printed by henry hills and john field , printers to his highness , and are to be sold at the seven stars in fleetstreet over against dunstans church . die martis novemb. . resolved, &c. that the committee of sequestrations in the severall counties, do returne to the committee at goldsmiths-hall, all the names of papists and delinquents which are, or have been sequestered by them respectively in their severall counties; ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis novemb. . resolved, &c. that the committee of sequestrations in the severall counties, do returne to the committee at goldsmiths-hall, all the names of papists and delinquents which are, or have been sequestered by them respectively in their severall counties; ... england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london? : ] title from heading and first lines of text. various resolutions respecting the committee of sequestration of delinquents' estates and its dealings with the estates of papists and delinquents. imprint conjectured from wing ( nd ed., ) e , of which this appears to be an edition. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis novemb. . resolved, &c. that the committee of sequestrations in the severall counties, doe returne to the committee at gol england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis novemb. . resolved , &c. that the committee of sequestrations in the severall counties , doe returne to the committee at goldsmiths-hall , all the names of papists and delinquents which are , or have been sequestred by them respectively in their severall counties ; and a particular list of all the estates of such persons , and to whom they have been let during the sequestration thereof , and what the values thereof were before the warre . resolved , &c. that the estates reall and personall of all papists and delinquents within the ordinances of sequestrations , not yet sequestred , and not compounded for at goldsmiths-hall , bee speedily sequestred , and the names of such delinquents sent up to the committee at goldsmiths-hall . resolved , &c. that the lands and estates of such persons as are excepted in the first three qualifications of the propositions , or any part thereof , shall not be let or demised to the owners thereof , or to their bailiffs or servants , or to any person or persons in trust for them , or to their use or behoof . resolved , &c. that the lands and estates of other delinquents capable to be admitted to composition , sequestred , or which shall bee sequestred in the severall respective counties , or any part thereof , shall not in any case bee let or demised unto the owners thereof , or to their bayliffes or servants , or to any other persons in trust for them , or to their use or behoofe , unlesse such delinquents shall by certificate from the committee at goldsmiths-hall make it appeare , that they are in their actuall prosecution of their compositions and do proceed therein without delay on their parts . six new queries this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) six new queries thomason, george, d. , attributed name. sheet ([ ] p.) s.n., [london : ] imprint from wing. relating to the army and parliament and questioning whether the parliament will be free from control by the army. possible authorship of thomason from thomason catalogue. annotation on thomason copy: "xber [i.e., december] . "; "nb. g.t. [i.e. george thomason?]". reproduction of the original in the british library. eng england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no six new queries. [thomason, george] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion six new queries . i. whether or no , any rational man of england , can or may expect any good from a parliament , when an army is in power at the same time in the nation ? ii. whether or no , a parliament constituted as the last was ( before the soldiers dissolved it ) deserves any other name , title , or appellation , than the rump ; and whether any one will , or dare presume to call that parliament ( entirely assembled ) by any other name , title , or appellation , but a free parliament of england ? iii. whether or no this nation may expect any good , by , or from a parliament , that hath any soldiers to sit , act , or vote in that house , or for it , that have any command derived from such a parliament ? iv. whether or no the persons now sitting , intend any other thing than to lord it over their brethren in this nation , whilest they take such courses as they have done , and fill not up the house with their fellow members of the same call with themselves ? v. whether or no it be a free parliament of england , if there be any limitation or restriction put upon them that are to choose , such persons to sit and act for them in that assembly , as they are willing to repose trust in ? vi . whether or no we have had any peace in this nation , ever since the military man hath had any power in it , or ever shall expect any whilest a parliament commissionates them ? the engagement and remonstrance of the city of london, subscribed by hands. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the engagement and remonstrance of the city of london, subscribed by hands. l'estrange, roger, sir, - , attributed name. sheet ([ ] p.) s.n., [london : ] sometimes attributed to sir roger l'estrange. demanding the dispersal, within twelve hours, of "all such troups and companies as do not properly belong to the guard of this city," and the release from prison of certain citizens. imprint from wing. annotation on thomason copy: "xber [i.e. december]. .". reproduction of the original in the british library. eng england and wales. -- army -- early works to . military occupation -- england -- london -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no the engagement and remonstrance of the city of london, subscribed by hands. [l'estrange, roger, sir] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the engagement and remonstrance of the city of london ▪ subscribed by hands ▪ although , as citizens , wee are reduced to a necessity of violence ; and as christians , obliged to the exercize of it ; vnless we will rather prostitute our lives and liberties , fortunes and reputations ; nay , our very souls , and altars , to the lusts of a barbarous , and sacrilegious enemy : wee have yet so great a tendernesse for christian bloud , as to leave unattempted no means , of probability to save it . this is it which hath prevayl'd with us to declare , first , to the world , what wee propose , and resolve , ere we proceed to further extremities : and to satisfie the publique , as well in the reasons of our vndertakings , as to justifie our selves , in the menage and event of them . we find , in the midst of us , the house of prayer converted into a den of theeves : our counsels affronted by armed troups , our fellow citizens knock'd on the head , like doggs , at their own doors , for not so much as barking ; nay , t is become death , now , to desire to live ; and adjudg'd treason , but to claim the benefit of the law against it . witnesse those infamous murders committed , but monday last , upon our unarmed friends : and the glorious insolencies of that rabble , towards such of the rest , as they seized , and carried away . but this is nothing : to make us a compleat sacrifice , we are to be burnt too : a thing , not only threatned , in the passion of the tumult , but soberly intended ; for they have layd in their materials for the work already : a prodigious quantity of fire-balls in pauls , and gresham colledge . briefly , we are design'd for fire , and sword , and pillage : and it concerns us now , to look a little better to our gratious guards . not to insist upon the losse of trade ; how many thousand families have nothing now to do , but begg , and curse these wretches ? the honour and the safety of the city lies at stake : and god so blesse us as wee 'll fall together . we will not live to see our wives , and daughters ravish'd : our houses rifled , and our children beggars , that shall only live to reproach their cowardly fathers : and all this done too by a people , which we can as easily destroy , as mention : by a party , so barbarous , and so inconsiderable together , that , certainly , no creature can be mean enough , either to suffer the one , or fear the other . in this exigency of affairs , we have found it both our duty and our interests to associate ; and we desire a blessing front heaven upon us , no otherwise than as we do vigorously and faithfully pursue what we here remonstrate . first , we do engage our selves , in the presence of almighty god , with our lives and fortunes , to defend the rights and liberties of the city of london ; and if any person that subscribes to this engagement , shall be molested for so doing ; we will unanimously , and without delay , appear as one man to his rescue . next , we demand , that all such troups , and companies , as do not properly belong to the guard of the city , nor receive orders from the lawfull magistrates thereof ; that such forces withdraw themselves from the liberties , within . hours after the publication of this : upon pain of being deemed conspiratours , and of being proceeded against accordingly , ( for to this extent , both of iudgement , and execution , is every individual qualified in his own defence . ) we are next to demand the inlargement of our fellow citizens , which were taken away by force , and in a tumultuons manner , contrary to the known lawes of the place and nation . this being performed , we shall acquiesce , in the enjoyment of those liberties , which we will not lose , but with our lives . in fine , to remove all impediments of the peace we desire : we do undertake , both as men of credit , and iustice ; that such of the soldiers as will betake themselves to honester imployments , shall receive their arreares from the city , and such a further care of their future well-being , as is suitable to the necessities of the one part , and the charity of the other . the kings message to both houses january . . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the kings message to both houses january . . england and wales. sovereign ( - : charles i) charles i, king of england, - . england and wales. parliament. sheet ([ ] p.) by robert barker, printer to the kings most excellent majesty: and by the assignes of john bill, imprinted at london : [i.e. ] "his majesties profession and addition to his last message to the parliament" is dated: january , [i.e. ]. with engraving of royal seal of charles i at head of document. reproductions of the originals in the british library and the harvard university library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the kings message to both houses january . . england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ the kings message to both houses . january . . hhis majestie taking notice that some conceive it disputable whether his proceedings against my lord kymbolton , master hollis , sir arthur haslerig , master pym , master hampden , and master strode , be legall and agreeable to the priviledges of parliament , and being very desirous to give satisfaction to all men in all matters that may seem to have relation to priviledge , is pleased to wave his former proceedings : and all doubts by this means being setled , when the mindes of men are composed , his majestie will proceed thereupon in an unquestionable way : and assures his parliament that upon all occasions he will be as carefull of their priviledges , as of his life or his crown . ❧ his majesties profession and addition to his last message to the parliament . jan. . . hhs majestie being no lesse tender of the priviledges of parliament , and thinking himself no lesse concerned , that they be not broken , and that they be asserted and vindicated whensoever they are so , then the parliament it self , hath thought fit to adde to his last message , this profession , that in all his proceedings against the lord kymbolton , mr hollis , sir arthur haslerig , mr pym , mr hampden , and mr strode , he had never the least intention of violating the least priviledge of parliament ; and in case any doubt of breach of priviledges remain , will be willing to clear that , and assert those , by any reasonable way that his parliament shall advise him to . vpon confidence of which , he no way doubts his parliament will forthwith lay by all iealousies , and apply themselves to the publike and pressing affairs , and especially to those of ireland , wherein the good of this kingdom , and the true religion ( which shall ever be his majesties first care ) are so highly and so neerly concerned : and his majestie assures himself , that his care of their priviledges will increase their tendernesse of his lawfull prerogative , which are so necessary to the mutuall defence of each other ; and both which will be the foundation of a perpetuall perfect intelligence between his majestie and parliaments , and of the happinesse and prosperity of his people . ¶ imprinted at london by robert barker , printer to the kings most excellent majesty : and by the assignes of john bill . . a grave and learned speech or an apology delivered by denzill hollis esq; in a full answer to the charge against him, from his excellency sir thomas fairfax and the army: for the clearing of himselfe in every particular crime charged against him in the papers. holles, denzil holles, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a grave and learned speech or an apology delivered by denzill hollis esq; in a full answer to the charge against him, from his excellency sir thomas fairfax and the army: for the clearing of himselfe in every particular crime charged against him in the papers. holles, denzil holles, baron, - . [ ], p. s.n.], [london : printed in the yeare. . place of publication from wing. annotation on thomason copy: "july th". reproduction of the original in the british library. eng holles, denzil holles, -- baron, - . england and wales. -- parliament -- expulsions -- early works to . impeachments -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a grave and learned speech or an apology delivered by denzill hollis esq;: in a full answer to the charge against him, from his excellency holles, denzil holles, baron c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a grave and learned speech or an apology delivered by denzill hollis esq in a full answer to the charge against him , from his excellency sir thomas fairfax and the army : for the clearing of himselfe in every particular crime charged against him in the papers . printed in the yeare . . a grave and learned speech , or an apology delivered by denzill holles esq &c. mr. speaker : it is my unhappinesse to stand accused by a charge against me , in which i doubt not ( and so the rest of the gentlemen under this mis-fortune with me ) to give a satisfactory accompt of innocency therein : and for that which concerns my self , i shall give this answer to it : i cannot undertake to charge my memory ( at this time ) to give particular and positive answers to those passages at oxford , which received a full debate in the house of commons two yeares since ; i doe not finde any new matter in this charge , save what i have ( together with mr. _____ who was a commissioner with me there ) then gave accompt of , when we were accused by the lord savill ; and this house was so fully satisfied ( after a full debate held severall daies thereon , that it was resolved upon the question , july . . ( by this house ) that the matter of the report should be totally and finally laid aside . and for the truth hereof , to manifest my innocency , and discover the malice of the lord savill , who was then my accuser , i shall refer my selfe to the papers which concerne my then examinations , and the resolutions of the house thereon . and thus much i am informed since concerning his lordship , that he hath been much troubled at what he then did ; and ( to testifie his remorse for the injury he then did unto master _____ and my selfe ) his lordship sent a person of honour , not long since , to me , to give me assurance thereof , further declaring from him , that when his composition was made with the parliament , and was passed by both houses , he would then discover unto me how that whole businesse was laid against me , and who they were that laid it ; which when i knew , i should see i had no cause to be so angry with him , and therefore i was desired by a peere of the re●lme , ( who came from him not to be against him in setting the fine for his composition ; telling me that his lordship durst not discover it before , but when his composition was passed , he would let me know the particulars , the le●st inckling whereof ( to come from him to their knowledge , in whom he was in danger ) might prove his ruine . yet i can assure you ( to speak it without vanity ) i ( knowing my own innocency ) passed by it , never so much as sending to the lord savill about it , nor doing his lordship any dis-service for his former malice against me . and as for the letter sent from the earl of lindsey to me , containing ( as i am charged ) some secret designe . it is true , i received a paper from him , after which it was my unhappinesse to fall sick , which made me to forget it for some time ; yet so soone as it came to my minde , i did acquaint the house with it ; the contents of it was ( in a line or two , very short ) a recommendation of the bearer , the lord savill : i had then the words fresh in my minde , and did then repeate them in the house , at which time the house was so far satisfied therein , that this house resolved upon the question , july . . that the receiving of that note , in the manner as i did , was no holding of intelligence with the enemy . and for the paper it self , i do not know what became of it , or whether i burnt it , as perhaps i might . now for that part of the charge which chargeth me that the earle of lindsey moved for a passe to go to oxford , and that the king should say , that i did him better service in the parliament , then i could do there ; that was reported to this house from the examinations of what the lord savill informed against me ; and , as i said then , so now , i know nothing of it , i am confident it is false ; the earl of lindsey , nor any body else , had never motion to any such desire from me , nor had i ever any such thoughts . as for what i am charged in the second article , with sending severall messages to the earl of dorset and the lord digby , or to joyne with any in drawing up propositions , and sending them privately to his majesty ; it is all false and untrue , in all and in every part of it . to that in the third article : i must acknowledge that ( by the lady carlisles favour ) i have often waited upon her , both at her lodgings in whitehall , and elsewhere , but never with any disaffested persons , to hold correspondency with the queene , to put conditions upon the parliament , to bring in the king upon any termes , by our plotting against the parliament , or to do any other thing in prosecution of such evill designes ; but only to shew that respect which is due to a lady of such honour . and i conceive it is well knowne to this house , that i have been alwayes so farre from having a great power upon the treasure of this kingdome , to maintaine the queenes party , assure her pention , or undertake to doe more for the king then the army would doe , that i have had as little to doe with money businesses as any ; i have not growne great by the ruines of others by these sad times , nor preferred my selfe nor friends to higher fortunes then otherwise we could have aspired unto . and that i should send unto the queene , to advise her to send the prince into scotland , to come into this kingdome in the head of an army , or invite the scots , or joyne with any other for inviting the scots , or any other forreigne forces to enter this kingdome , it is utterly false , and a meere invention of malice against me ; nor doe i know of any meanes used to cause or encourage any officers or souldiers to gather together tumultuously at westminster , to affright and assault the members of parliament ; for my part i am clear of any such thing . and for obstructing of petitions ( as i am charged in the first article ) when petitioners came to the parliament for redresse of publike grievances ; i have onely delivered my opinion in this house , when seditious petitions have been read ; and for major tuleday , and nicholas tew , they affronted the committee , and tew endeavoured to raise a tumult in the court of requests , to the danger and disturbance of the committee , who committed them both untill the next morning , which was approved by this house , yet ( upon my motion in his behalfe ) this house was pleased to bayle major tuleday , and shortly after mr. tew was discharged . as for that which is laid upon me in the eight article , concerning the drawing up of the declaration , it was done in this house , the house allowing it , and it passed both houses , and therefore it seemes strange to me that any should question that which was made an act of both houses of parliament ; i drew it up indeed ( though very unwilling to take that tax upon me ) as neare as i could according to the sence of the house , in obedience to a generall call upon me for it , being exceedingly prest and urged to doe it , as you well know . and for the reliefe of ireland , it was alwaies my indeavour to promote it , desiring that an intire body might have gone out of the army . it is true , some forces for ireland were commanded back from bromsgrove in worcestershire to reading , which was ordered by the committee that they might receive their pay safe . the officers then representing to the committee the great necessities of the souldiers , and that they did not know how to convey it into vvorcestershire in safety , in regard that it must passe through the quarters of the army , who had expressed great displeasure to those forces which were drawne off for ireland ; and the committee was the rather induced to doe it , because they knew the monies which was sent to oxford for disbanding a regiment there quartered , was seized on , which feare caused the calling back of those to reading , and not upon any designe whatsoever . and whereas by the . article i am charged with those gentlemen , to obstruct articles against the lord inchiquen , and for calling back the lord lisle , that his command might be committed to the lord inchiquen , i was ( alwayes so farre from keeping off proceedings upon those articles , that i furthered it all i could , and severall times moved it in the house , being very desirous to have all cleared concerning the lord inchiquen , whom i beleeve to be a man of honour and fidelity . and for that the lord lisles time of government in ireland was expired ( which was but to continue one yeare in that command ; ) the parliament being pleased to dispose of the affaires of ireland in an other way ; i went in the severall debates thereon ( in the house ) according to my judgement and conscience , not respecting any particular person , but the common good ; and for the writing of a letter to put out all those who favoured independants , i never knew of any such thing done . and whereas i am charged by my power and countenance to obstruct justice in the cause between alderman langham and captaine limery , it is very untrue . i confesse , that my selfe , and sir philip stapleton ( who is accused with me ) being one afternoone in the court of requests , we heard that the house of lords were then to sit , we went to aske the occasion thereof , and meeting with the earle of rutland in the lobby , his lordship told us , that it was about a great cause depending between langham and limery , and we had some discourse about it , but i did not understand that the merit of the cause was at all in question , onely the entertaining of it upon an appeale , concerning which i said , that it was my opinion , that it was the common justice of the kingdome , and not to be denyed to any : this was all that passed between us , as some of master limeries counsell then present ( who heard it spoken ) can testifie . and for the whole charge delivered into this house against me from the army , i have had a strict scruteny over my conscience , and have made enquiry upon every branch thereof into my past actions and intentions , and cannot finde that i have deserved such a returne from any who pretend to be friends to the parliament , and peace of the church and kingdome . finis . a seasonable speech made by alderman atkins in the rump-parliament atkins, thomas, sir. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a seasonable speech made by alderman atkins in the rump-parliament atkins, thomas, sir. p. s.n., [london : ] caption title. imprint information from nuc pre- imprints. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- anecdotes great britain -- history -- commonwealth and protectorate, - -- anecdotes - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a seasonable speech made by alderman atkins , in the rump-parliament , mr. speaker , after so many dispensations and out-goings of providence , we are now the third time returned to sit in this honourable house again ; but how long we shall do so , i believe the wisest of us all cannot tell : for the souldiers have of late set up governments , as boys do nine-pins , to throw them down again : but how oft soever they turn us out hereafter , i shall never doubt to get in again ; for i perceive those changes and revolutions ( as they call them ) are just like casting of knaves at cards , where some play , and some sit out until the set be up , or the gamesters fall , out and throw up their cards , and then they stand fair to get in again . but notwithstanding so many interruptions and disturbances , many mighty and great works have been carried on by us worms and no men. you , sir , have a new wainscot chair , and our seats , that were but covered with mats , when we came first to sit here , are now lin'd with good broad-cloth of s. a yard , and the whole house is hang'd in a better manner then any man expected . but this is not all that we have done , for we have reformed religion , and brought the church as nigh to what it was in the primitive times among jews and pagans , as may be ; for the christians have sold all they have long since , and laid it at our feet , and we begin once more to have all things in common . beside , sir , we have done strange justice on the late tyrant , and transform'd the kingdom into a commonwealth , as nebuchadnezzar was into a beast . but there is one thing that we have omitted , no less necessary then any thing that we have done , and which indeed the people have much more reason to expect from us ; for reformation , as well as charity , should begin at home : to hold forth my meaning in brief to you , sir , it is the cleansing of our own house of office ; and if that name be not mannerly enough for this place , it is in your power to help it : for there is a spare name that hath been lately conferr'd on this honourable house by the people , which was once called the house of parliament , as it is now the rump . this name , in my opinion , we cannot better dispose of , then in conferring it on the house i spoke of , that not only that , but all other houses of the same quality ( of which ours is the representative ) may in the right thereof hereafter be call'd a rump , as being a name more proper and significant , in regard of the relation it hath to that part . and truly , sir , i believe , the wisdom and justice of this house can do no less , if you please but to consider the near and intimate correspondence that house has ever held with this , as having ever been entrusted with the most urgent and weighty matters that we ever carried on , and so necessary , that i may boldly say , without that recourse which we have had to it in our greatest extremities , this house might have suffered for it many a time and oft . it is now , sir , as full , as this honourable house was once of members , and as unuseful , until we take some course to empty it , as we did this , which , i humbly conceive , we can by no means avoid : for , under favour , i do not think we can use this house , as we did the house of lords ; i mean , vote it down , when it will serve our turn no longer ; no , this is a matter of a higher nature , and more weighty concernment ; and as the difference is very great in reason of state , so is it also in point of conscience . for though it is true , we engaged and swore to maintain the house of lords , yet we did it not after a right manner : for we read , it was a custom among the jews , when they made any solemn vow , to put their hands under one anothers hams ; and if we had done so when we swore that , and kiss'd the book , i grant , we had been bound in conscience to have upheld it longer than we did , i mean , longer than we had need of it : but we , quite contrary , held up our hands , and so are not bound to keep it otherwise than we took it , that is , hand over head ; for unless we differ'd from the jews in other matters more than we do , i know no reason why we should in this — but now i speak of the jews , give me leave , by observing one passage in their history , to hold forth unto you the danger of suppressing the aforesaid house . saul , for want of such a convenience , going into a cave where david had hid himself , had like to have lost his life ; for if david had been one of us , i know what had become of saul , he would rather have cut off his head than a piece of his coat , as i wonder he did not , since , being a prophet , he might have made scripture of purpose to have prov'd him a tyrant and a traitor , as we did law to condemn the late king after he was put to death . but though david were wiser than his teachers , he was not so wise as we were ; 't is true , for his own advantage , he knew how to make the silly philistims believe he was mad ; but i am mistaken if we have not out-done him that way too , and made the wisest think us so . but to return to the purpose . suppose , sir , the army should have occasion to give this honourable house a purge again , you would be loth it should work here ; and truly i do not know what other way you have to avoid it , unless we should make use of that place where the assembly of divines lately sate ; which for my part , i like very well , if it were nearer ; and certainly they have no reason to take it ill ; for it is according to the example of the best reformed churches . and i know no reason why we may not as well sit there , and make sour faces at our own charges , as they did at the charge of the commonwealth . for mine own part , ( did not the common good provoke me to it ) i have as little reason to speak as another , and perhaps less ; for my breeches are made close at the knees , and so better fitted against a mischance . beside , i know the worst of it , for i believe you have often heard what i have suffer'd in the service of my country . but let that pass , though it were the worse for my reputation , and my breeches , it was the better for my body , and my soul too , for i have edify'd much by it . 't is true , the boys hold their noses , and cry fogh , when they see me in the streets ; but , what of that ? a wise man knows how to make an advantage of the greatest disasters , and so have i done . for there was a time ( mr. speaker ) when this honourable house had like to have been a foul-house ; and when was that ? truly it was when the prentices came hither , to shew us one trick more than ever we taught them : then did i take this worshipful chain off my neck , and very politickly put it in my codpiece ; for i know well enough , that no body in this town , where i am so well known , would venture to look for it there ; and i was not mistaken , for here you see i have it still . the same thing i did at another time , and that was , when ( as you may well remember ) a piece of plaister falling from the roof , some of the members cried , treason , and many made haste to get out of the house as fast as they could ; so did not i , no , sir , i resolved to stay by it ; and therefore ( having put my chain in my codpiece ) i crept under the bench in this very place where i now sit , and there i lay close , until i heard some that were near me say , they smell'd gun-powder ; but then i knew it was a mistake , and so it prov'd indeed : but if it had been otherwise , no danger should have made me forsake my duty . no , sir , i have been so faithful to this house , and so constant to my principles , that i have not changed so much as my seat since the happy beginning of this parliament . in this very place did i then sit ; on both sides of me sate two members , that afterwards prov'd malignants ; for they took snuff at something that fell from me in my zeal to the cause , and ran to oxford to the king ; their estates are long since sold , for which the commonwealth may thank me : for verily , sir , i have not been altogether an unprofitable member , according to my talent , and the dispensation of what was in me ; for my bowels have been often pour'd out for the prosperity of this house ; and , i hope , my conversation hath held forth so much of the inward man , as may be sufficient to satisfie the well affected , by whom i am entrusted . and as for my back-biters , i forgive them freely ; alas , they hurt themselves , and not me ; for if they get any thing by dealing with me that way , they must have good luck . sir , i have us'd the more freedom with you , because i have some pretence to your pardon ; for i believe you have often observ'd , that when any thing has fallen from any of my fellow-members that the house has resented , it has presently been laid to my charge , and i have always taken it upon me freely ; for i shall never refuse to serve this house in any sense whatsoever . i shall therefore humbly move , that you would be pleased , to order this honourable house to adjourn for a convenient time , until that house be emptied and made sweet again ; for if we should sit here before , it will not be in the power of any one man to own so much stink as will be laid to my charge . finis . an account of the affairs in ireland, in reference to the late change in england with a declaration of several officers of the army in ireland, on behalf of themselves, and those under their commands; holding forth their stedfast resolution to adhere to the parliament, in defence of its priviledges, and the just rights and liberties of the people of these nations, as men and christians. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an account of the affairs in ireland, in reference to the late change in england with a declaration of several officers of the army in ireland, on behalf of themselves, and those under their commands; holding forth their stedfast resolution to adhere to the parliament, in defence of its priviledges, and the just rights and liberties of the people of these nations, as men and christians. waller, hardress, sir, ?- ? sheet ([ ] p.) printed at dublin by special order: and re-printed at london, for nath. brook, at the angel in cornhil, [london] : . signed and dated: signed in the name and upon the desire of the said council of officers, har. waller. dublin, of december, . annotation on thomason copy: "xber [i.e., december] ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . ireland -- history -- - -- early works to . a r (thomason .f. [ ]). civilwar no an account of the affairs in ireland, in reference to the late change in england: with a declaration of several officers of the army in irel waller, hardress, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion an account of the affairs in ireland , in reference to the late change in england : with a declaration of several officers of the army in ireland , on behalf of themselves , and those under their commands ; holding forth their stedfast resolution to adhere to the parliament , in defence of its priviledges , and the just rights and liberties of the people of these nations , as men and christians . sir , the diligence of sir hardress waller , and theophilus jones hath been admirable here , for the parliamentary interest : for by their great wisdom , and indefatigable industry , it hath been here settled , as followeth . on the . of decem. . about six at night , a party of horse and foot approached the city of dublin ; some of which foot drawing towards a small pass-port on the back-side of the castle , surprised the centinels , and entered the same . hereupon , three muskets being fired from the tower , caused the remnant of the whole party to enter ; which were disposed of , some to the castle-gate , and some to the custome-house . then they surprised col. john jones , and two other commissioners , who were dismissed , upon their promise to act for the parliament . and all this brought to pass with so much care and discretion , that no bloodshed either accompanied or ensued the same . most of the chief cities and towns here declare for the parliament ; as , galloway , limerick , youghal , kilkenny , clonmel , bandon , drogheda . &c. affairs here being reduced to this chanel , the inclosed declaration was published for satisfaction of the people . whereas by divine permission ( either for the punishment of the high provocations of these sinful backsliding nations , or for the discovery and prevention of the disturbers of the peace of this our israel , god thereby making way to settle his people upon foundations of holiness , righteousness and peace ) a new interruption hath been put upon the parliament , by some officers of the army in england , notwithstanding their solemn engagements to the contrary , to the amazement of the people of these three nations , the hazard of publick peace , the discouraging and sadning the hearts of the godly and well-affected , the obstructing of reformation , the giving advantage to forraign and domestick enemies , and the exposing the lives , estates and liberties of all , to blood , rapine and slavery : we , upon a sad sence of present threatning calamities , having sought the lord in trembling and much fear , do finde it our duty to declare ; and we do , through the grace and strength of god ( we trust ) conscientiously resolve , i. that through the lords assistance , we will , in all simplicity of heart remain firm in our obedience to the trust reposed in us by the parliament of the commonwealth of england , scotland and ireland , so sinfully interrupted heretofore , so solemnly of late restored again , by our brethren of the army in england ; and to whom we have , as it were but yesterday , by his excellency lieutenant general ludlow , our commander in chief , professed our obedience by promises , subscriptions , and other sober acknowledgements ; which ( as we own there is a god in heaven ) we take our selves deeply obliged to pursue . ii. that we shall not suffer our selves to be any manner of way divided one from another , or from any of our brethren of the army , that shall continue their faithfulness to the trust reposed in them by the parliament ; or from any that shall return to yeild obedience thereunto ; for which , in much love and tenderness towards them , we shall use our utmost endeavours . iii. that we shall by all good means , labour the setling and maintaining of a godly , learned and faithful ministry in these three nations ; with due encouragement to the universities and schools of good literature ; that they may be nurseries of piety , learning and godliness . iv. that we will , as god will enable us , use our utmost endeavours to detect and suppress all enemies at home and abroad , that shall attempt to disturb the peace of this , or of the other nations , either by introducing and setting up the interest of any single person whatsoever ; or , through turbulency of spirit , shall foment any confusions to the endangering the peace of this commonwealth . v. that it is not our intent to impose upon any tender consciences , being otherwise found in the fundamentals of religion . and lastly , vve do declare , that we shall , to our utmost , protect all such , who do at present adhere unto us ; and shall also endeavour that due encouragement may be given to such , whether officers or souldiers , formerly of the army , who either have , or shall joyn with us in this undertaking . dated at dublin-castle , the of december , . har. waller , w. more , john bridges , edw. warren , maurice fenton , abel warren , john warren , tho. dancer , john jeoner w. warden , theo. sandford , john cole , theo. hen. whalley , nic. kempston , dan. lisle , edin . temple , james hand , jo. thompson , tho. hopkins , rich. nun , rob. cook . ordered by the council of officers , met at dublin castle the day above written , that the foregoing declaration be forthwith printed and published . dublin , of december , . signed in the name and upon the desire of the said council of officers , har. waller . printed at dublin by special order : and re-printed at london , for nath. brook , at the angel in cornhil . . whereas it hath pleased the most wise god, in his providence, to take out of this world the most serene and renowned, oliver late lord protector of this commonwealth; ... england and wales. privy council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) whereas it hath pleased the most wise god, in his providence, to take out of this world the most serene and renowned, oliver late lord protector of this commonwealth; ... england and wales. privy council. sheet ([ ] p.) printed by henry hills and iohn field, printers to his highness the lord protector, london : . title from first lines of text. a proclamation by the privy council, the lord mayor, aldermen, and citizens of london, declaring richard cromwell lord protector. annotation on thomason copy: " th ber [i.e. september] ". reproductions of the originals in the british library (thomason tracts) and the henry e. huntington library and art gallery (early english books). eng cromwell, richard, - -- early works to . england and wales. -- lord protector ( - : r. cromwell) -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no whereas it hath pleased the most wise god, in his providence, to take out of this world the most serene and renowned, oliver late lord prote england and wales. privy council. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion whereas it hath pleased the most wise god , in his providence , to take out of this world the most serene and renowned , oliver late lord protector of this commonwealth ; and his said highness having in his life-time , according to the humble petition and advice , declared , and appointed the most noble , and illustrious , the lord richard , eldest son of his said late highness , to succeed him in the government of these nations ; we therefore of the privy council , together with the lord mayor , aldermen , and citizens of london , the officers of the army , and numbers of other principal gentlemen , do now hereby , with one full voice , and consent of tongue , and heart , publish , and declare the said noble , and illustrious lord richard to be rightfully protector of this commonwealth of england , scotland and ireland , and the dominions and territories thereto belonging ; to whom we do acknowledge all fidelity , and constant obedience , according to law , and the said humble petition and advice , with all hearty and humble affections ; beseeching the lord , by whom princes rule , to bless him with long life , and these nations with peace , and happiness , under his government . richard chiverton , mayor . he. lawrence , president . nathaniel fiennes , c. s. john lisle , c. s. c. fleetwood . p. lisle . jo. disbrowe . e. montagu . gil. pickering . cha. wolseley . philip skippon . wm. sydenham . wal. strickland . phi. jones . jo. thurloe . fauconberg . edw. whalley . w. goffe . tho. cooper . oliver flemming . john clerk . tho. pride . edm. prideaux . tobias bridge . ed. salmon . j. biscoe . waldin● lagoe . john mill . e. grosvenor , &c. god save his highness richard , lord protector . london printed by henry hills and iohn field , printers to his highness the lord protector , . an act appointing commissioners for the government of the army public general acts. - - england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act appointing commissioners for the government of the army public general acts. - - england and wales. sheet ([ ] p.) printed by john streater, by vertue of especial command, london : [ ] dated at end: passed october the th. . thomas st. nicholas clerk of the parliament. steele notation: act future, of. annotation on thomason copy: " ber [i.e. october]. .". reproduction of original in the henry e. huntington library. eng england and wales. -- army -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no an act appointing commissioners for the government of the army. england and wales d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act ▪ appointing commissioners for the government of the army . be it enacted by this present parliament , and the authority thereof ; and it is hereby enacted , that one act made by this present parliament instituted an act , constituting charls fleetwood esq lievtenant general , commander in chief of the forces raised ▪ and to be raised by authority of parliament , within eng and and scotland , and all powers thereby given ; be , and are , hereby repealed , and made voyd ; and that the army and forces in england and scotland , of this commonwealth shall , for the future , be governed by commissioners , in the place and stead of a lievtenant general : and that lievtenant general charls fleetwood , lievtenant general edmond ludlow , general george monk , sir arthur haslerigg , baronet , colonel valentine walton , colonel herbert morley , and colonel robert overton ; be , and are hereby appoynted commissioners , to execute all and singular the powers and authorities insident , belonging to the office of the lievtenant general of the army of this commonwealth , in england and scotland , in as large and ample manner , as in and by the said recited act , was granted and expressed : and that they or any three , or more of them , shall ▪ and may , execute the said office and powers from the eleventh day of october , . untill the twelfth day of february . any act or commission whatsoever , made or granted to the contrary , in any wise , notwithstanding ; and that all officers and souldiers of the army , and other persons concerned , are hereby required to yield their obedience to the said commissioners accordingly : and the said commissioners are to obey and observe such orders and directions as they , or any thrée , or more , of them , shall , from time to time , receive , from the parliament , or council of state appointed , or which shall be appointed , by authority of parliament . passed october the th . . thomas st. nicholas clerk of the parliament . london , printed by john streater , by vertue of especial command . by the king. a proclamation, requiring all cashiered officers and souldiers of the late army, to depart, and not come within twenty miles of the cities of london and vvestminster, until the twentieth day of may next. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation, requiring all cashiered officers and souldiers of the late army, to depart, and not come within twenty miles of the cities of london and vvestminster, until the twentieth day of may next. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill, printer to the king's most excellent majestie, . at the king's printing-house in black-friers, london : [ ] dated at end: given at our court at whitehall, the th day of april, in the thirteenth year of our reign. annotation on thomason copy: "aprill ". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- early works to . soldiers -- england -- london -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit by the king. a proclamation , requiring all cashiered officers and souldiers of the late army , to depart , and not come within twenty miles of the cities of london and vvestminster , until the twentieth day of may next . charles r. whereas we have been lately informed that many officers and souldiers that were heretofore cashiered and turned out of the late army ( and not disbanded ) being persons of desperate fortunes and designs , do now remain in and about our cities of london and westminster , and have their daily meetings , and are ( of late ) grown so high and confident of effecting some wicked designs , that they spare not to give out words threatning mischiefs to our royal person , and to these our cities of london and westminster , at the times of the solemnities now approaching ; we taking the same into serious consideration , have thought fit , with the advice of our privy councel , to publish and declare , and do hereby publish and declare our will and pleasure to be , that all and every person and persons heretofore officer or souldier in the late army , cashiered and turned out , and not disbanded as aforesaid , which are not under imprisonment , or other legal restraint , do on or before the nineteenth day of this moneth of april , depart out of the said cities of london and westminster , and the liberties thereof ; and we do hereby charge and require them , and every of them , not being under imprisonment or legal restraint at the time of the publication hereof , to depart accordingly , and not to return again , nor come within twenty miles of the same our cities of london and westminster , or either of them , from that time until after the twentieth day of may next ensuing : and herein we shall expect from all persons concerned , a due and punctual submission and conformity at their perils , and upon pain of our high displeasure : willing and commanding all our officers and ministers to apprehend and seize the persons of all such as shall be found offenders , by not departing at the time before limited , and them to bring before the lords of our privy councel , to be further proceeded against for their contempts , according to iustice . given at our court at white-hall the th day of april , in the thirteenth year of our reign . god save the king . london , printed by john bill , printer to the king 's most excellent majestie , . at the kings printing-house in black-friers . no parliament but the old, or, a new-years gift for the late interrupted parliament, now restored to the exercise of their trust ovvned by the army, expected by the people, and performed by god : wherein is shewed by divers reasons, that the commonwealth can receive at present no good, but much detriment in the fundamental liberties of the nation, and the good old cause, if any other parliament sit but the late interrupted parliament. w. r., doctor in physick. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) no parliament but the old, or, a new-years gift for the late interrupted parliament, now restored to the exercise of their trust ovvned by the army, expected by the people, and performed by god : wherein is shewed by divers reasons, that the commonwealth can receive at present no good, but much detriment in the fundamental liberties of the nation, and the good old cause, if any other parliament sit but the late interrupted parliament. w. r., doctor in physick. sheet ([ ] p.) printed by john clowes, london : . broadside. caption title. signed: w.r. doctor in physick. reproduction of original in huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . broadsides -- england -- london -- th century a r (wing r a). civilwar no no parliament but the old: or, a nevv-years gift for the late interrupted parliament, now restored to the exercise of their trust: ovvned by w. r., doctor in physick c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion no parliament but the old : or , a nevv-years gift for the late interrupted parliament , now restored to the exercise of their trust : ovvned by the army , expected by the people , and performed by god . wherein is shewed by divers reasons , that the common-wealth can receive at present no good , but much detriment in the fundamenral liberties of the nation , and the good old cause , if any other parliament sit but the late interrupted parliament . . no men in the nation are equally engaged , or so higly concerned to carry on the good old cause as the present parliament , who were violently hindered from sitting . they only are thoroughly engaged against kingship , and the stewarts family : and it is extream weaknesse to think they can do ortherwise then establish the government so as to keep out the one and the other for ever , as much as in them shall lye . whereas we see the pretended parliaments , formerly called by these officers of the army were so little concerned in the good old cause , that they voted a single person and house of lords , and would have made mr. oliver crumwell king , if he had thought sit to accept of their kindness that time . . this late interrupted parliament , being the only true parliament , and the only true authority of the nation , no other parliament can be called or chosen , and if it be , it is de facto nul and void , and all that they shall do is invallid ; for there can be but one parliament in england : and the present parliament is that parliament of england , which cannot be dissolved , but by its own consent or act . . this present parliament , having been legally called , and not by the sword-men , is only legally above their reach , and which they cannot disturbe without high presumption ; whereas a parliament called by their lusts and pleasures , will be necessarily subject to be turned out by their lusts . . ●o choose a parliament at the revolted officers appointment , and to own such a parliament , is destructive to our liberti●● ; for in so doing , we acknowledge the sword-men to be supream , and to have regal authority to call , and consequently to dissolve parliaments , which they will do king-like , as soon as they have raised them money , and served their ambitious ends , or refuse so to do . . the sacred and to all generations venerable authority of parliaments , is so weakened by the force put upon the present parliament to hinder their sitting , that parliamentary authority will be for ever invallid , and unable to secure the interest of the nations ; unlesse it be vindicated by readmission of this present parliament to exercise of their just authority ; for these or any other strong party will be upon all occasions encouraged to endeavour to do the like . . all legal and just authority , being to be conveighed in a legal way from persons in authority , there is no other way way to set any future authority on foot in this nation , but by the present parliament , which was legally called , and can legally give order for the calling of future parliaments . if the revolted officers should be allowed to call parliaments the nation falls from the government of the laws , to be governed by the sword , which how sad a condition that must needs prove , let all sober men judge . yea , let the present ambitious sword-men consider , what will become of their posterity in such a condition ; for they have no assurance , that their children and childrens children , shall be sword-men ; but rather they are like to be vassals to the arbitrary wills and laws of souldiers . . let the revolted officers , and all their adherents , lay their hands upon their hearts and seriously consider , that if they shall at last see their errour , and before they are compelled ( which will be no thanks to them ) permit the parliament to return to the exercise of their just authority ; thus accident all and great good will redound to the nation by their miscarriages ( as the saving of jacobs family did arise from the selling of joseph ) that parliamentary authority , will be thereby exceedingly established and strengthened . for the generaticusto come ‑ will the more admire , and honour the sacred dignity and majesty of parliamentary assemblies ; and all ambitious persons how powerful soever , will fear and dread to violate their authority , when it shall be recorded and reported that a king of england , otherwise a virtuous person , being seduced by evil councel to make war against a parliament , was vanquished with all his great forces , and a general of their conquering army , having through ambition , offered violence to the said parliament , he had no happiness after , it but shortened his daies with cares , fears , and sorrows ; and his son could not stand after him ; and the officers of his army were fain to recall the same parliament ; and when , being seduced , they had again interrupted them , there was no way to satisfie the english nation , but to readmit them again to the exercie of their authority , and to transmit the same to succeeding parliaments . this i say will be a great establishment of parlianentary authority , and consequently a great good , accidentally flowing from their miscarriages , if they will be yet so wise before it be too late , to lay it to heart , which god grant they may . and let all true englishmen that love the libertie of this common-wealth , themselves and posterity ; take heed how they neddle to choose parliament men to sit by power of the sword & consequently to be subject to the lust of sword-men ; and how they contribute to the weakening of all parliamentary authority for the time to come , by hindring any waies the restauration of this present parliament , without which , we must for ever be governed by the sword , or reduced again under the fimily of the stewarts : and which will be the better condition of the two , god all wise only can tell - by w. r. doctor in physick . the printer to the reader . cgurteous reader , i thought it convenient to inform thee , that this paper should have been published the . of decemb. last , but was amongst other papers taken out of my hands when ready for the presse . this paper was pen'd upon the divulging that paper for choosing a mock-parliament by order of the revolted officers , london , printed by john clowes , . by the king. a proclamation for the adjournment of part of michaelmas terme. proclamations. - - . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation for the adjournment of part of michaelmas terme. proclamations. - - . england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by leonard lichfield printer to the university, printed at oxford : [ ] "given at his majesties court at oxford, ths fifth day of october, in the nineteenth yeare of his majesties reigne". reproduction of the original in the bodleian library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (wing c ). civilwar no by the king. a proclamation for the adjournment of part of michaelmas terme. england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for the adjournment of part of michaelmas terme . his majesty , to his great and unexpressible griefe , finding the rebellion of the city of london , and the distraction of the whole kingdome ( occasioned principally by that means ) to continue , whereby it will be extreamly inconvenient both for himselfe and to all his good subjects to make their repaire to the cities of london and westminster to the terme , to be held at westminster in such manner as it was wont for the whole terme , doth by this his royall proclamation order , appoynt and declare , that the court of chancery , and all proceedings in that court of what kinds or sorts soever , the receipt of the exchequer , and of the first fruits and tenths , and of the dutchy of cornwall , and the whole court of exchequer , ( except only the office of pleas in that court ) and the court of exchequer chamber , the court of the du●chy of lancaster , the court of wards and liveries , and the court of white-hall , or court of requests , shall be held and continued at his citty of oxford in the county of oxford , ( where his majesties residence now is , and for this winter season is like to be ) for and during the whole terme of st michaell now next ensuing . and that all the said courts not before excepted , and the said receipts , shall remain and continue , and be held at the said city of oxford , untill his majesty shall otherwise determine thereof and declare the same . and his majesty doth farther declare , that he doth resolve that the courts of kings-bench , and common-pleas , and the pleas between party and party in the office of pleas in the said court of exchequer , shall upon and from the first day of the first returne of michaelmas terme next , commonly called tres michaelis , be adjourned untill the fist returne of that terme commonly called octabis martini ; and that the said fist returne called octabis martini , and the sixth and last returne called quindena martini shall be held at the city of westminster in the usuall places where formerly they were held , and the residue of the said first returne of tres michaelis . the second returne of the said terme called mense michaelis , the third returne of the said terme , called crastino animarum , and the fourth returne called crastino martini , shall be wholly omitted , and all appearances at any of the said second , third , and fourth returnes to be at and on the said fist returne called octabis martini . all which his majesty signifieth to all and singular his officers and ministers of the said severall courts and receipts , and to all other his loving subjects of this his realme , to the intent that they and every of them who should performe any service there , or shall have any suit or other occasion to attend in any of the said courts of chancery , exchequer chamber , court of exchequer ( other then in the office of pleas there ) or the receipt of the exchequer , and first fruits and tenths , or dutchy of cornwall , or in the court of the dutchy of lancaster , court of wards and liveries , and court of requests , may take notice thereof , and give their attendances at the said city of oxford as aforesaid , and not elsewhere , & that such of them as have cause or command to appeare in any of the said courts or kings bench , or common-pleas , or court of exchequer in the office of pleas there , may also take notice thereof , & give their attendances accordingly , without danger of for forfeitur , penalty , or contempt to be incurred towards his majesty , or prejudice to themselves in that behalf . and his majesties pleasure is , that the essoynes for the said first returne tres michaelis shall be kept at the usuall times in the said courts of kings bench and common-pleas , and writs of adjournment shall be directed to the iustices of the said two courts of kings bench and common-pleas and barons of the exchequer respectively , willing and commanding all and every his majesties officers , ministers , and subjects to whom it doth or shall appertaine , to observe and keep their assemblies and appearances , with all their returnes and certificates , in his majesties said courts accordingly , and to give their severall and respective attendances , and to doe their respective offices and duties in every behalfe , as if they were particularly named , and as they will answer the contrary at their perills . given at his majesties court at oxford , this fifth day of october , in the nineteenth yeare of his majesties reigne . god save the king . printed at oxford by leonard lichfield printer to the university . a solemn engagement of the army under the command of his excellency sir thomas fairfax with a declaration of their resolutions, as to disbanding, and a briefe vindication of their principles and intentions in relation to divers scandalous things suggested against them : together with the representations of the dissatifactions of the army, in relation to the late resolutions for so sudden disbanding, shewing the particulars of their former greivances : wherein they did remaine unsatisfied ... presented to the generall, and by him to be humbly presented to the parliament : with his excellencies letter to the speaker, june the , sent with the same. england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a solemn engagement of the army under the command of his excellency sir thomas fairfax with a declaration of their resolutions, as to disbanding, and a briefe vindication of their principles and intentions in relation to divers scandalous things suggested against them : together with the representations of the dissatifactions of the army, in relation to the late resolutions for so sudden disbanding, shewing the particulars of their former greivances : wherein they did remaine unsatisfied ... presented to the generall, and by him to be humbly presented to the parliament : with his excellencies letter to the speaker, june the , sent with the same. england and wales. army. fairfax, thomas fairfax, baron, - . [i.e. ] p. printed for richard lownes ..., london : . reproduction of original in huntington library. eng england and wales. -- army. great britain -- history -- civil war, - -- pamphlets. a r (wing s ). civilwar no a solemn engagement of the army under the command of his excellency sir thomas fairfax: with a declaration of their resolutions, as to disba england and wales. army c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a solemn engagement of the army under the command of his excellency sir thomas fairfax : with a declaration of their resolutions , as to disbanding ; and a briefe vindication of their principles and intentions in relation to divers scandalous things suggested against them . together with the representations of the dissatisfactions of the army , in relation to the late resolutions for so sudden disbanding : shewing the particulars of their former grievances ; wherein they did remaine unsatisfied : and the reasons thereof , unanimously agreed upon , and subscribed by the officers and souldiers of the severall regiments , at the rendezvous neer new-market on friday and saturday , june and . presented to the generall , and by him to be humbly presented to the parliament . with his excellencies letter to the speaker june the , sent with the same . london , printed for richard lownes , at the signe of the unicorn , on ludgate-hill , . master speaker in my last i promised to send you by the next an account of the proceedings and resolutions of the army at the late randezvouz : i have sent you the same in two papers unanimously agreed on there , by both officers and souldiers : i find in one of them divers things which your later proceedings since the resolution of disbanding may have given satisfaction unto : but the army having then no knowledge thereof , it was thus passed and delivered to me , and i cannot but send it to them : you may see what they then did remaine unsatisfied in . vnderstanding that his majesty and your commissioners were much straitned and disaccommodated in the house at childerley , i went thither yesterday to advise with your commissioners about the disposall of his majesty , for more conveniency to himselfe and them , then that place did afford : the commissioners were pleased wholly to refuse giving any advice or opinion at all in the businesse , and therefore the king declaring his resolution not to goe back to holdenby unlesse he were forced , yet complaining much of the inconveniency he suffered where he was , and pressing for a remove to newmarket , and your commissioners not judging it inconvenient for him to be there : i ordered colonell whaley this day to attend his majesty and the commissioners thither , with a trusty and sufficient guard of two regiments of horse , which accordingly was this day done , and his majesty with the commissioners , gone to new-market , but not through cambridge . this businesse taking up the whole time yesterday , and it being necessary his majesty should be disposed of : before the place of rādezvous could well be resolved on , this morning , at a counsell of war , it was judged inconvenient , & scarce possible to draw to a randezvouz to morrow early enough to dispatch any thing ; therefore it is appointed on thursday morning at nine of the clock : and in regard of his majesties going to new-market , it was thought fit by the counsell of warre , that the place of randezvouz might be altered from new-market heath to triploe heath , five miles from this towne : i shall take care that your commissioners if they come to new-market , may have notice of this alteration from the former appointment . i remain your most humble servant t. fairfax . cambridge , june . for the honourable william lenthall esquire , speaker of the honourable house of commons . a solemn engagement of the army , under the command of his excellency sir thomas fairfax , read , assented unto , and subscribed by all officers and souldiers of the severall regiments , at the generall rendezvous , neer newmarket , on the fifth of june , . whereas upon the petition intended and agreed upon in the army , in march last , to have been presented to the generall , for the obtaining of our due and necessary concernments as souldiers ; the honourable house of commons being unseasonably prepossessed with a copy thereof , and ( as by the sequell we suppose ) with some strange misrepresentations of the carriage and intentions of the same , was induced to send down an order for suppressing the petition ; and within two or three dayes after , upon further misinformation , and scandalous suggestions , of the like or worse nature , and by the indirect practice of some malicious and mischievous persons ( as we suppose ) surprizing , or otherwise abusing the parliament ; a declaration was published in the name of both houses , highly censuring the said petition , and declaring the petitioners , if they should proceed thereupon , no lesse then enemies to the state , and disturbers of the publike peace . and whereas at the same time , and since , divers eminent officers of the army have been brought into question and trouble about the said petition , whereby both they and the rest of the officers were disabled , or discouraged for the time , from further acting or appearing therein on ▪ the souldiers behalfe ; and whereas by the aforesaid proceedings and the effects thereof , the souldiers of this army ( finding themselves so stop't in their due , and regular way of making known their just grievances , and desires to , and by their officers ) were inforced to ▪ an unusuall ( but in that case necessary ) way of correspondance and agreement amongst themselves , to chose out of the severall troops and companies severall men , and those out of their whole number , to chose two or more for each regiment , to act in the name and behalfe of the whole souldiery of the respective regiments , troops , and companies , in the prosecution of their rights and desires in the said petition , as also of their just vindication and writing in reference to the aforesaid proceedings upon and against the same , who have accordingly acted and done many things to those ends , all which the souldiers did then approve as their own acts . and whereas afterwards ( upon the sending down of field-marshall skippon , and those other officers of the army that were members of the house of commons , to quiet distempers in the army , fresh hopes being conceived of having our desires again admitted to be made known and considered in a regular way , and without such misrepresentations as formerly , the officers and souldiers of the army ( except some few dissenting officers ) did again joyn in a representation of their common grievances ; and the officers ( except as before ) did agree upon a narrative accompt of the grounds , rise , and growth of the discontents in the army , and their proceedings in relation thereunto , with an overture of the best expedients , to remove or satisfie the same , both which were presented to the same members of the house , and by them reported to the house . and whereas the parliament having thereupon voted , and ordered some particulars , onely towards satisfaction of our grievances , hath since proceeded to certain resolutions of sudden disbanding the army by peeces , which resolutions being taken , and to be executed before full or equall satisfaction given to the whole army , in any of the grievances , before effectuall performance of that satisfaction in part , which the preceeding votes seem'd to promise , as to some of the grievances , and before any consideration at all of some others most materiall , ( as by the result of a generall counsell of war on saturday , may . was in generall declared , and is now more fully demonstrated , in particular by a representation thereupon , agreed unto by us : ) we all cannot but look upon the same resolutions of disbanding us in such manner , as proceeding from the same malicious and mischievous principles and intentions , and from the like indirect practises of the same persons abusing the parliament , and is as the former proceedings against us before mentioned did , and not without carnall and bloody purposes ( for some of them have not stuck to declare or intimate ) after the body of the army should be disbanded , or the souldiers divided from their officers : then to question , proceed against , and execute their malicious intentions upon all such particular officers , and souldiers in the army , as had appeared to act in the premisses in the behalfe of the army ; and whereas upon a late petition to the generall from the agitants , in behalfe of the souldiers ( grounded upon the preceeding considerations , relating to the same resolutions of disbanding the same generall councell of warre to prevent the danger , and inconveniences of those disturbings , or tumultuous actings , or confluences which the dissatisfaction and jealousie thereupon also grounded , were like suddenly to have produced in the army to advise the generall , first to contract the quarters of the army , and then to draw the same to an orderly randezvous for satisfaction of all , and that his fxc●llencie would immediately send up to move and desire the parliament to suspend any present proceeding upon the said resolution of disbanding , to resume the consideration of the grievances , and desires sent up from the army , and not to disband it in peeces before just and equall satisfaction given to the whole ; and whereas some of the regiments appointed for disbanding , upon notice thereof withdrawing themselves from the quarters adjacent to the appointed randezvous , and drawing towards the head quarters ; and the contracting their quarters according to the said advice of the councell of warre . wee the officers and souldiers of severall regiments hereafter named , are now met at a generall randezvouz , and the regiments appointed , as aforesaid , to be disbanded , have not appeared , nor can appeare ; but are resolved not to appeare at the severall and respective randezvouz , appointed as aforesaid for their disbanding ; and divers other things have been done by severall other parties or members of the army , necessarily relating to the good and concernment of the whole in these affaires : now forasmuch as we know not how far the malice , injustice and tyrannicall principles of our enemies , that have already prevailed so far to abuse the parliament and the army ( as is afore mentioned ) in the past proceedings against the army , may further prevaile to the danger and prejudice of our selves , or any officers or souldiers of the army , or other persons that have appeared to act any thing in behalfe of the army , or how far the same may further prevaile to the danger or prejudice of the kingdome in raising a new war , or otherwise : therefore for the better prevention of all such dangers , prejudices , or other inconveniences that may ensue ; and withall for better satisfaction to the parliament and kingdome , concerning our desires of conferring to the authority of the one , and providing the good and quiet of the other , in the present affaires of disbanding , and for a more assured way , whereby that affaires may come to a certain issue , ( to which purpose we herein humbly implore the present and continued assistance of god , the righteous judge of all ) wee the officers and souldiers of the army subscribing hereunto , doe hereby declare , agree and promise , to and with each other , and to , and with the parliament and kingdome as followeth . that we shall cheerfully and readily disband whē therunto required by the parliament , or else shall many of us be willing ( if desired ) to engage in further services either in england or ireland , having first such satisfaction to the army in relation to our grievances and desires heretofore presented , and such security ; that we of our selves ( when disbanded , and in the condition of private men ) or other the free-borne people of england ( to whom the consequence of our case doth equally extend ) shall not remaine subject to the like oppression , injury or abuse , as in the premises hath been attempted and put upon us while an army by the same mens continuance , in the same credit and power ( especially if as our judges , who have in these past proceedings against the army so far prevailed to abuse the parliament and us , and to endanger the kingdome ; and also such security that we our selves , or any member of this army , or others , who have appeared to act any thing in behalfe of the army in relation to the premises before recited , shall not after disbanding be any way questioned , prosecuted , troubled , or prejudiced for any thing so acted , or for the entring into , or necessary prosecution of this necessary agreement : ( we say ) having first such satisfaction and security in these things as shall be agreed unto by a counsell to consist of those generall officers of the army ( who have concurred with the army in the premises ) with two commission-officers and two souldiers to be chosen for each regiment , who have concurred , and shall concurre with us in the premises , and in this agreement . and by the major part of such of them who shall meet in counsell for that purpose when they shall be thereunto called by the generall . that without such satisfaction and security , as aforesaid , we shall not willingly disband , nor divide , nor suffer our selves to be disbanded or divided . and whereas we find many strange things suggested or suspected to our great prejudice concerning dangerous principles , interests and designs in this army ( as to the overthrow of magistracy , the suppression or hindering of presbytery , the establishment of independent government , or upholding of a generall licentiousnesse in religion , under pretence of liberty of conscience , and many such things ; we shall very shortly tender to the parliament a vindication of the army from all such scandals to cleer our principles in relation thereunto , and in the meane time we doe disavow and disclaime all purposes or designes in our late or present proceedings to advance or insist upon any such interest , neither would we ( if we might and could ) advance or set up any other particular party or interest in the kingdome ( though imagined never so much our owne ) but shall much rather ( as far as may be within our sphear or power ) study to promote such an establishment of common and equall right and freedom to the whole , as all might equally partake of but those that doe by denying the same to others , or otherwise render themselves incapable thereof . an humble representation of the dissatisfactions of the army , in relation to the late resolutions for so sudden disbanding : shewing the particulars of their former grievances wherein they did remaine unsatisfied , and the reasons thereof . vnanimously agreed upon and subscribed by the officers and souldiers of the severall regiments , at the rendezvouz neer new-market , on friday and saturday , june , & . presented to the general , to be by him humbly represented to the parliament . whereas upon the report made to the house of commons on friday , may . concerning the grievances of the army , that house was pleased to passe severall votes seeming to tend towards the satisfaction of the army in some particulars : and on tuesday following ( may . ) to passe divers resolutions upon a report from the committee at darby-house concerning the disbanding of the foot of this army each regiment apart at severall times and places : we humbly declare , that the said votes of friday doe come farre short of satisfaction ( as to the said grievances ) or to the desires proposed by the officers in the conclusion of their narrative . and that the latter votes of tuesday importing a resolution to disband the army in part , before equall satisfaction bee given to the whole in the grievances or so much as any consideration had of some others that are most materiall , and also before any effectuall performances of that satisfaction with the votes of friday seemed to promise as to some of the grievances , wee cannot but be much unsatisfied and troubled at it , as in the particulars following it may apeare we have cause . . the proportion of but eight weeks arreares to be paid at disbanding , as it is unreasonably short of what is most due , and what we conceive may be paid , or might easily have been provided , since the parliament hath so long had the whole kingdome cleared , all trading and commerce opened , vast summes of money brought in upon delinquents compositions and otherwise , and great foundations of security in their hands ( besides those formerly engaged for the scots . ) and as it is but a meane reward for all our labours , hardships and hazards in the ▪ kingdomes cause , and a very slender supply to carry us to our homes in a condition sutable to the parliaments honour and our successe , and much lesse to enable those that have left good trades or other wayes of livelihood , and suffered much in their trades or stocks by so doing , to set up again in their former callings and conditions ; so it is but little ( if any thing ) more then what hath been due to us since that time that wee first went about to have petitioned for our arreares , and so not to bee accounted in satisfaction towards former arreares , which the petition was meant for . . in the orders given for the stating of our accounts , giving debentures for our arreares by the committee of the army , we find no consideration or regard had of our arreares incurred in former army or services , which to the most of us are much greater then those under the new modell , intended to be stated by the committee for the army , as the narrative of the officers , printed by mistake under the name of their declaration , did intimate before . . we cannot but consider , that ( whatever the officers expectances upon debentures may prove ) the private souldiers may well make little account of whatever part of his arreares he receives not before disbanding , as the reasons expresse in the narrative doe shew . and whereas we heare of some instructions past in an ordinance for stating of arreares , we understand that they direct s. a weeke to be abated to foot-souldiers for quarter , which being d . or d , per diem ▪ above the rate they should have paid for themselves , if they had timely had pay where withall : it seemes very hard the poore souldiers should allow interest for the forbearance of his owne due . the like disproportion we find in the abatements to serjeants of foot for their quarters : in the abatement for quarters to officers of horse and dragoons , we find one third part of the whole pay to them due both for themselves and their horses is to be defalked , though the full pay for their horses is not allowed in the account , unlesse they make it appeare by musters that they kept their full numbers ; and the third part of their full pay , amounting to the halfe or neere the halfe of their present pay , seemes an unreasonable allowance for quarters , especially in the case of captaines and field-officers . we find also no provision made for private souldiers of horse , or foot , or any officers in commission or not in commission , in relation to any quarters discharged by them , but all such are left absolutely to abate the respective rates for quarters , during their whole time , whether they have payd quarters for any part of the time or no , whereas we know assuredly , and can make appeare , that all of them , during their service in this army ( and most of them in their service in the former armies ) have really discharged their quarters for a very great part of the time , and many of them for more time then by the proportion of pay received , they were bound to have done , having without respects to that many times payd freely , as farre as their money would hold out , partly out of desire not to be burthensome at all to the countrey as farre as they could , and partly upon expectation ( grounded on the many promises and often renewed of constant pay for time to come ) that money would come in time to pay them up , and re-imburse them their full pay againe without defalcation for quarters ; we find it also provided . that no trooper is capable of allowance or debenture for arreares unlesse he deliver in such horse and armes with which he hath served , or a certificate , that such horse and armes did not appertaine to the state , or else was lost in actuall service , which extends to the totall taking away from them those horse and armes of the states which they have used and preserved in the service , contrary to the favour allowed , and never ( that we knew of ) denyed in the disbanding of any other army : and if that being but a matter of favour , the horse-men in this service be thought unworthy of it , and must upon account for their arreares , rebate for such horse and armes as upon disbanding they thought to have beene given them , yet it seemes hard that such as cannot deliver in those states horse and arms , which at disbanding they so understood to be their owne , and so perhaps have sold or otherwise disposed of , should for that lose their whole arreares , or be incapable of account or debenture for any part thereof . fourthly , the visible securitie for what arreares should not be paid at disbanding ( which the votes of friday may . seeme to promise ) as it stands propounded in the votes of tuesday may . appeares not to be either a securitie sufficient or to us visible . . because that security of the excize in course ( proposed for the arreares of private souldiers and inferiour officers is knwne to be already pre-ingaged for vast summes amounting to above a million that are to take place before those arreares , nor doe wee know certainly that the excise ( which is yet but temporarie ) will be continued for so long time as till our arrears shall come out in course after the preceding ingagements satisfied . because that security proposed for officers arreares , viz. the profits arising out of delinquents estates in the first exception ( especially ) being limited to such as are not already disposed of , it does not appeare what they will amount unto , or what the pre-ingagemens or pre-disposures by the parliament may be , or what incumbrances of debts , or limitations of estates ( as they were in the hands of the owners ) may lie upon the same , none of which we would be any occasion to defeat or avoid , so as to have the curses and grudges of defrauded creditors or ruined families to lye upon us or our posterities . . neither the one security nor the other are yet , for ought we finde , or could well before the appointed times of disbanding , be so setled by ordinance to the uses proposed ( as the other securities for monies borrowed by the parliament have been ) which we conceive requisite to render the same indeed visible security . the two first of these reasons we should not urge so much , if we did not see other matters of security within the kingdome that would be much more cleare , ( as cathedrals and their revenues , forrest-lands , &c. ) . the ordinance voted to exempt from pressing , first is not , for ought we understand , brought in and passed before the appointed disbanding . next , by the vote it seems not to intend the exempting of voluntier horse-men from being prest for foot-service . and lastly , we understand not how it can be effectuall to particular souldiers ( when disperst about the kingdome , and so journing or travelling where perhaps their former relation to this army , or condition as voluntiers in it may not be knowne , or not credited upon their words ) unlesse the ordinance intended shall provide , that a testimoniall of their service under the general's or their respective field-officers or captaines hands ( which they might ever carry about , or keep by them ) shall be their sufficient discharge from any presse ( if they shall fall under it . ) and whereas such testimonials cannot easily be got by them after disbanding , the said votes for so sudden disbanding , and at such distances , doe not mention or admit any thing of that kinde more then passes from the commissioners to carry them home . . the ordinance voted to give apprentises the benefit of their time spent in the parliaments service , as also that for the maintenance of maimed souldiers , and the widowes and children of men slaine in the service were not brought in and passed before the appointed disbandings , nor doe we yet heare , that they yet are , though we hope they will be . . the ordinance passed for indempnity seems to make but slender provision for our quiet , ease , or safety , in relation to things done in the war as souldiers . . because the things it provides for throughout the ordinance , comprised only in these terms ( viz. ) things done by vertue of any ordinance of parliament , or for the service and benefit of the parliament ; we conceive , that upon every trespasse , or other thing done in the war ( which we may be questioned for ) it will be very chargeable and difficult , either to derive a clear authority for the same from ordinance of parliament , or to bring proofes sufficient to make up such a constructive conclusion , as that it was for the service and benefit of the parliament , especially to do this so fully , as to meet with all the evasions and elusions of a subtle lawyer , or to convince the sences of a countrey-jury , whom we know not by what rules or measure they may go in judging what was for the service and benefit of the parliament , or what not , perhaps some of them may be of that minde , that it had been for the service and benefit of the parliament , to have had no war at all , or to have had fewer or no such garrisons or forces as some of us have been engaged in . in sum , we cannot thinke it safe to be left to the fence or construstion of a countrey-jury , concerning the exigencies of war , or duty of a souldier upon so doubtfull an issue ; we should rather thinke , that the old issue , which ( as we understand ) ancient lawes have provided for in such cases , viz. ( whether the thing were done tempore & locobelli ) was much more clear and sure ; and an act or ordinance of oblivion for all trespasses or other things so done by souldiers in this war , would be most safe and satisfactory . . that the provision in the said ordinance now past for reliefe , by complaint to a committee of parliament at london , ( which seems to be meant for saving of charges to poor men ) we doubt will prove a very remote help , and far more chargeable for a poore souldier imprisoned or arrested in the countrey , then the former : and though we highly honour that committee named in the ordinance ( for the major part of it ) yet we confesse we shall be sorry that our reliefe ( if it may otherwise be provided for ) should be the occasion of setting up more arbitrary courts then there are already , with so large a power of imprisoning any free men of england , as the ordinance gives to that committee , let the persons intrusted appear at present never so just and faithfull , or though all that committee were as good patriots as we hold the major part to be . , in the matter of accompts , we are wholly left ( as before ) to the mercy of the committee for accompts , and their sub-committees , whose constitution ( in most counties ) being a least of neuters ( disaffected to the warre , and consequently to the souldiery ) and whose vast and arbitrary power to vex , delay , fine and imprison at their owne pleasure or judgement , any that they can bring within the compasse of accomptants , and to proceed upon their owne judgement of the default , to sequester , sell and dispose of his estate ; as upon a commission of bankrupt ( we confesse ) wee tremble to thinke of more then of any enemy . and though wee are as jealous as any to have all men brought to an accompt , for what may clearly be accompted for ( as treasurers , keepers of stores , sequestrators , or such like accomptants ) yet wee cannot but thinke it hard for us , or other the parliament souldiers , to bee required to so strict accompts for all things received , taken , and used in the war by our selves , or any under our command ( though but temporally upon a part ) for many of which things neither we nor any other that minded the publick service , and have bin ingaged in hazardous services , where many have lost those accompts they did keep , can give or could keep so strict accompt , or for want of such accompt to be so cruelly vexed & prosecuted , even to utter undoing , as any man that 's accomptable for any thing that may be , and divers of the parliaments most faithfull and active servants in our condition have been before our eyes : and though we would not wish that any souldiers or officers who have by plunder , or other injury to the countrey , abused the name of the parliaments service , and converted any thing they have taken or received to their owne private benefit or advantage , ( more then for necessary subsistence or supplies ) should go away with it , in being exempted from accompt ; yet we cannot but think it reasonable and necessary , that for those many others that have not done so , but have imployed all faithfully for the publick service , such provision should bee made , as that what armes , ammunition , horses , furniture , or other things received or taken by them , they could not keep , or cannot give a cleare and distinct accompt for , it should bee sufficient for their discharge , if they make oath , that they have not imbezelled , or wittingly converted to their private benefit or advantage , any part thereof , more then what things , or to what value they doe or shall ( for saving of their oath ) charge upon themselves in their accompt . we finde another thing mainly necessary for our and other mens indempnity ( for which there is no provision at all made in this ordinance ) viz. that all acts of councells or courts of warre , either in censure or discharge of any person , for any cause subject to their judgement , and the warrants of the generall , or chiefe commander , for execution or remission of such censures , may be valid and good , both as to the justification of those that have been imployed in execution of such censures , and also the full & finall acquittall of the persons so discharged or remitted . eighthly , though those officers of the army at several times sent for , or sent up to attend the parliament as delinquents , have been indeed discharged ( for which we render our thanks & acknowledge the parliaments justice in the discharge ) yet for men of such credit and integrity to have their names brought so highly into publique question or suspition , and the cause not known ( which might make it imagined greater ) to be kept long in attendance under that notion ▪ and not obtaine by their daily solicitations to know their accusers , or any charge ( and for one of them ) to be made a prisoner , searched and sent up so far in a disgracefull manner , without authority ( against the right both of a souldier and subject ) and at last to bee onely dismissed ( without any word of vindication or clearing ) seems but a slender reparation . ninthly , there hath yet been nothing declared by the parl. ( as in the narration or declaration of the officers was desired ) to cleare us , as to our right of petitioning , or to cleare the fence and intention of the parliament in their order for suppressing the petition , or the ground of their censure in the declaration against it ; though we think no man can deny the matter of the petition to be just , and parliament-proceedings , since upon the severall heads of it does imply as much : and if our liberty of petitioning for our due be denyed us now , & the attempting of it rendred such a crime ( as by the said order and declaration appeares to be , while the ground or intention of them stands not explained otherwise ) we cannot but expect the same or worse hereafter , not only to our selves ( when being disbanded and dispersed , we shall have the like occasion to petition as private & single men ) but also to all the free-both people of the land in the like case ; and so this president ( if it stand good ) would eextendin the consequence of it , to render all souldiers under the parliament , the worst of slaves , and all subjects little better ▪ and though there have been of late in other mens cases too many dangerous presidents of suppressing petitions , and punishing or censuring the petitioners , yet ( we thinke ) few or none so full and cleare against all just liberties , as this in our case whose petition was not , as many ( that yet have been received with large thanks ) without any foundation in reall grievances or dues , tending and serving meerely to declare the petitioners opinions and inclinations in relation to matters of state ( then in transaction , or intended to be put on in the parliament ) nor yet subject to any of those exceptions , which at other petitions ( seeming better grounded , more necessary or concerning then the former , and yet rejected ) might be ; but ours not medling with matters of state , with proceedings of parliament , or any bodies concernments but our owne , tended but to obtaine particular dues ( often promised , dearely and fully earned , long forborne ) and some of which ( viz. the matter of indempnity ) we could not ( without danger of utter ruine ) want after disbanding ; and these but desired in an humble and submissive way , without any language , scandalous or offensive , or any other particular exception ( for matter or form ) that we have ever yet been told of , or could any way learn ; so as though we are willing to believe the parliament was mis-informed , abused or surprized in the businesses ( as the narrative does expresse ) yet we cannot hitherto understand ▪ from whence such proceedings against such a petition , or against us for it , could arise , except ( in those that moved and drew the parliament thereunto ) from some principles of malignants envy or dislike against us , the petitioners for the things god hath done by us , carrying them ( above all other considerations of just or unjust , dangerous or safe ) to this end , as the greatest good , that this army must not passe with that reputation god hath given it , but must ( upon any occasion that could be catched hold on ) have a dishonour put upon it , and by discontents and provocations be put into distemper , so as to doe something that might render it ●dious , or bring a blemish upon it . tenthly , the declaration yet standing in force , and nothing published by the parliament to clear the army from the censure it thereby lies under , there remains a brand of ignominy upon this army to posterity : and those souldiers that have proceeded to act any thing in pursuance of their just desires in that petition , or in representation of their just grievances thereupon ; as also those officers that have any way concurred with , the case of the honourable fytton gerard esq; returned to serve in parliament for the borough of clitheroe, against john weddall esq; appointed to be heard on the th day of this instant january. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the honourable fytton gerard esq; returned to serve in parliament for the borough of clitheroe, against john weddall esq; appointed to be heard on the th day of this instant january. macclesfield, fitton gerard, earl of, or - . sheet ([ ] p.) s.n., [london : ] caption title. publication data suggested by wing. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng macclesfield, fitton gerard, -- earl of, or - -- trials, litigation, etc. weddell, john, or - -- trials, litigation, etc. england and wales. -- parliament. -- house of commons -- contested elections -- early works to . elections -- corrupt practices -- england -- clitheroe -- early works to . clitheroe (england) -- politics and government -- th century -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the honourable fytton gerard esq returned to serve in parliament for the borough of clitheroe , against john weddall esq appointed to be heard on the th day of this instant january . mr. wilkinson , uncle to mr. weddall , designing ( as appears by many of his , and his agents foul practices ) to make a return of his nephew to serve in parliament for the said borough , in the room of anthony parker esq put in to be chosen one of the bayliffs of the town , and treated for that purpose , as since , and before , he has been at the whole charge for mr. weddall , whom he set up to be recorder of the town ; and by the voices of a few , without the consent of the majority of the burgesses and freemen , he got him declared recorder , and sworn clandestinely in an alehouse . the next point which they thought essential to gain to serve their turn , was to keep men off from being found by a jury according to custom to have right to be burgesses or freemen ; in order to which , some of the jury were practiced upon to absent themselves , and force was used , so that there could not be a full jury , though the fore-man , with others , met and stayed in the court some hou●s , and several summons were sent to the rest , who were fined for their non-appearance . upon which the court was adjourned to the next day , but chippendale , one of the bayliffs , pretended to have dismiss'd the enquiry jury , tho' without the consent , or privity of mr. stock the other bayliff , and without causing proclamation to be made of the dismission , by colour only of an instrument signed out of court by mr. chippendale , which mr. weddall sitting as recorder , ordered to be read : by which trick several who had right to vote in the choice of bayliffs , and had offered their deeds to evidence their right , were not found by the jury , but their votes , though they had a right , were denied at the election of bayliffs : notwithstanding which mr. mainwaring , a gentleman of four or five hundred pounds a year , within a mile of the place , besides houses in the town , and a good estate in the county , and in cheshire , was in his absence , without his seeking , or privity , duly chosen out bayliff , whose place has always been accounted the chief . mr. mainwaring soon after offered himself to be sworn according to the custom , but being refused , he brought two successive mandamus's from the king 's - bench , which were disobeyed : and mr. wilkinson , though never chosen , pretending that mr. mainwaring was incapable , as being under age , was sworn by mr. lister , who himself had been sworn but by one bayliff , though the custom requires that both the old bayliffs , if alive and well , should joyn in administring the oath . upon this mr. wilkinson took upon him to act as out-bayliff , and he and mr. lister , that they might discourage and strike a terrour into those who had declared for mr. gerard , came with ambrose pudsey esq thomas lister esq and others arm'd into a publick house , where some of mr. gerard's friends were peaceably drinking together , and fell violently upon them : thomas lister esq and ambrose pudsey esq set pistols to the breasts of several of them , and mr. john lister bayliff , threw one of them to the ground , and trampled upon him , and for this the pretended bayliffs mr. wilkinson and mr. lister committed them to prison , and ordered them to be laid in a dungeon , without any warrant or mittimus . after this , several who had right , some to burgages , others to freedoms , proffered themselves at several court days to be admitted and sworn , but were refused : whereupon they brought several writs of mandamus , but to defeat them of the advantage thereof , and their votes at the said election , no return has been made of either of the said mandamus's . a writ for the choice of a burgess being delivered to the high sheriff , he being informed of these irregularities , himself carryed his precept for an election , and coming to the town on the th of november , sent to speak with mr. lister , who declined speaking with him , but being acquainted by the under sheriff , while mr. wilkinson was by , that a precept was brought for electing a burgess , mr. lister , with some burgesses , and mr. wilkinson's clerk , without his master , came to the sheriff , who in presence of a great many of the burgesses , demanded who was the out-bayliff , and they cryed out , mr. mainwaring is our out-bayliff . upon this the high sheriff delivered the precept to mr. mainwaring , and mr. lister , as bayliffs of the town , and told them he expected a return of it : and mr. mainwaring ask't mr. lister when they should meet with some of the burgesses to consider of a day for the election ; but he , notwithstanding he had been sollicited with all civility by mr. mainwaring , refused to joyn ; upon which , on the th of november , mr. mainwaring meeting with several of the burgesses , by their advice appointed the election to be on the th , and caused it to be proclaimed in two places of the town , upon a market day , and published papers to the like effect : but mr. wilkinson and mr. lister , in contempt of the precept , caused proclamation to be made by way of countermanding the election . when the day of election came , mr. mainwaring came to the town-hall , and to prevent disorders adjourned into a penthouse in the open street where the precept was read : but mr. lister who was persent , being desired by mr. mainwaring to joyn with him , without proclamation pronounced , the court adjourned to the town hall , where he proceeded without a precept , to have a poll taken for mr. weddall , while mr. mainwaring with the precept , proceeded on to the election : and though mr. lister admitted persons unqualified , to vote for mr. weddall , mr. gerard had the majority : therefore the sheriff annexed to the precept an indenture signed by mr. mainwaring and several of the burgesses who chose mr. g●rard . this mr. weddall complains of as irregular , upon pretence that mr. mainwaring was not a legal bayliff , being under age. the constitution of the borough of clitheroe , with the right of elections for bayliffs , or members of parliament . this borough consists of two bayliffs , and burgesses , and freemen . the bayliffs are chosen out of the burgesses by the burgesses and freemen . the burgesses are such as have free burgages within the borough , and they are of two sorts , viz. out-burgesses , and in-burgesses . the out-burgesses are such as have a house or land in borough tenure , and pay borough rent , but are resident , and inhabiting out of the borough . the in-burgesses are such as are so intitled , and are resident and inhabiting within the said borough . the freemen are such as are tenants to some burgess , that is owner of some messuage or burgage , house or lands which pays some part of the borough rent . there is , and has been time out of mind within the said borough an enquiry jury impannell'd in january or february every year , whose duty and business it is ( amongst other things ) to find all persons that offer themselves , and shew a sufficient right to be burgesses or freemen , and to present them as such to the bayliffs , who ought thereupon to admit and swear them , as has been always accustomed ; and this jury is used to be adjourned from court to court as occasion requires , and is continued or dismist at discretion of the bayliffs . in case of the elections for bayliffs , or members of parliament , they are chosen by burgesses and freemen , and if the burgess appear and vote , the freeman , his tenant , cannot vote for the same burgage , but if the burgess vote not , then , in his stead , his tenant as freeman may . where a burgess hath several burgages , he can but vote for one , and his tenants as freemen for the rest . for free borough land none can vote but the landlord himself . a thanksgiving sermon: preached to the right honorable the lord maior, aldermen, and common councell of the citie of london, upon occasion of the many late and signall victories, and deliverances vouchsafed to the parliaments forces, in pauls church london, july . . by stephen marshall, b.d. minister of gods word at finchingfield in essex. marshall, stephen, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a thanksgiving sermon: preached to the right honorable the lord maior, aldermen, and common councell of the citie of london, upon occasion of the many late and signall victories, and deliverances vouchsafed to the parliaments forces, in pauls church london, july . . by stephen marshall, b.d. minister of gods word at finchingfield in essex. marshall, stephen, ?- . [ ], p. printed by r. cotes, for stephen bowtell, at the signe of the bible in popes-head alley, london : . running title reads: a thanksgiving sermon, preached to the lord major, aldermen, and common-councell of the city of london. annotation on thomason copy: the ' ' in 'july . ' in title altered to " " then crossed out and restored to " "; "sept " written by imprint, yet item bound with other items from late july. reproduction of the original in the british library. eng city of london (england). -- common council -- early works to . england and wales. -- parliament -- early works to . sermons, english -- th century. london (england) -- history -- th century -- early works to . a r (thomason e _ ). civilwar no a thanksgiving sermon:: preached to the right honorable the lord maior, aldermen, and common councell of the citie of london, upon occasion marshall, stephen b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion a thanks giving sermon : preached to the right honorable the lord maior , aldermen , and common councell of the citie of london , upon occasion of the many late and signall victories , and deliverances vouchsafed to the parliaments forces , in pauls church london , july . . by stephen marshall , b. d. minister of gods word at finchingfield in essex . psalme . , , . thou broughtest us into the net , thou laydest affliction upon our loynes . thou hast caused men to ride over our heads , we went through fire and water ; but thou broughtest us out into a wealthy place . i will goe into thy house with burnt offerings , i will pay thee my vowes . london , printed by r. cotes , for stephen bowtell , at the signe of the bible in popes-head alley , . to the right honorable john warner lord major of the citie of london . my lord , this plaine sermon was preached in obedience to the call i received from you , it is published according to your request , and that it may be ( though in never so weak a measure ) a strengthning of your hands in your great work , it is humbly presented unto you as a pledge of the unfeigned respect and service of your lordships much obliged stephen marshall . a thanksgiving sermon : preached to the right honorable the lord maior , aldermen , and common-councell of the citie of london . isaiah . , . for thou hast broken the yoke of his burden , and the staffe of his shoulder , the rod of his oppressour , as in the day of midian ; for every battell of the warriour is with confused noise , and garments rolled in blood , but this shall bee with burning and fuell of fire . the first word of my text for , ( for thou hast broken the yoke of his burden ) doth tell us this hath dependence upon what is laid down before ; if you please to looke into it , you 'l find it to be thus : the lord in the former chapter had threatned the terriblest calamitie that ever came upon the jewish nation , a wofull darke night of affliction of severall hundreds of yeers was now beginning , and such calamities were threatned , as the lord professed that many men amongst them , when they look'd up to heaven , and saw nothing but darknesse there , nothing but confusion upon earth , they should rave and be mad , they should curse their god that would not helpe them , curse their king that could not helpe them , should bee driven into utter darknesse ; but yet notwithstanding in the beginning of this chapter the lord saith , that unto those that feared him , to his own people , the darknesse and uncomfortablenesse of it , should not bee so great , as they had formerly met with in some lesser afflictions ; for god did ( as i● were ) create a new star , that should shine unto his people , all that long and darke night , that is , a most glorious promise of jesus christ , and salvation by him , which is laid downe in the seven first verses of this chapter , and there are severall degrees , or breakings out of the light of this comfort , i 'le but name them so farre as may leade me to the text . first , the lord tells them whence this comfort should come , there should a glorious light shine to them , in the second verse ; the people that walked in darknesse should see a great light , they that dwelt in the land of the shadow of death , upon them hath the light shined , which is the promise of jesus christ setting up his gospel amongst them , as it is expresly interpreted in the fourth of matthem . this text seemes to bee a propheticall description of capernaum , where christ first set up his ministery some hundreds of yeers before it was built , which stood in the land of galile by the sea side in the way leading to the gentiles . secondly , the next degree is , what the comfort is , that they should have from this light , in the third verse , they should have great joy by it , the lord had formerly more multiplied their nation , but never gave them more joy then now they should have , though they should bee in a very afflicted condition , yet they should have as much joy in the gospel of christ , as ever that nation injoyed in the dayes of david or solomon ; though now they should live after a precarious manner , and should be tributaries to all the foure great monarchies of the world in their succession , first to the assyrian , then to the persian , then to the grecian , and then to the roman , and all this time , a space of some . yeers , they should bee a despised , contemned people , yet from the lord christ and the promise of the gospel , should they have as much joy as ever they had when their nation was most enlarged , yea such joy that it should bee like the joy of harvest , or the joy that souldiers have when they divide the spoile , that is the second degree ; now my text is the third degree or breaking out of this glorious comfort , and that tels you , what the mercy shall bee that shall bee the cause of so much joy ; what it is that should fill them with so much joy , why hee would breake every yoke of their burden , every staffe that lay upon their shoulders , every rod of their oppressors , that whipped them , hee would break all as hee did once doe it in the day of midian , he will burn up their enemies with fewell of fire , hee would free them from them all , and tread them under their feet ; then the last branch of all , and the height of their comfort is , that christ will not only break other yokes , but would put the yoke of his own sweet and easie government upon them , himselfe will bee their king ; to us a son is given , to us a child is borne , upon whose shoulder the government shall bee , his name is wonderfull , counsellor , the mighty god , the everlasting father , the prince of peace ; and in these things should the hearts of gods people rejoyce in their most afflicted times . thus stands the dependence of my text , so that these two verses that i have read , containe the cause of all the joy that the people of god should finde in christ in their afflicted times ; and there are two branches of the text to bee handled . first , here is the blessing that should bee conferred upon them , in these words , thou hast broken the yoke of his burden , the staffe of his shoulder , the rod of his oppressors : that is the mercy they should receive . secondly , here is the manner how this should bee done ; and that is laid downe , first , it should bee as in the day of midian ; that is , as in the day when in gideons time with . men with lamps and pitchers the lord destroyed an innumerable multitude of midianites ; so would the lord christ now worke this great deliverance , that he promises to his people . then , secondly , the manner of it is yet more clearely and fully laid downe in the . verse , by shewing that the way of gods working of this , shall bee diverse from the manner of other deliverances : every battell of the warriour is with confused noise , and garments rolled in blood , but this shall bee with burning and fewell of fire ; the meaning whereof in a few words is this , this victory that god would give his people , should not bee in the way of humane helpe to doe it , as nations get victories one over another by bringing one a greater army then the other , or better disciplined or trained men then the other , or with pollicy and valour , with shouting and making the others lie wallowing in their blood , and so mans arme to bee the instrument of it ; no , this should bee with fewell or burning of fire , that is , it should be done by gods own hand ; for what the lord doth immediatly himselfe , that is ordinarily said to bee done by fire , or fewell of fire , it hath been the ordinary way of gods manifesting himself by devouring fire , when he threatens to shew himselfe hee will come in devouring fire , seldome hath hee appeared , but it hath been either in smoak or fire ; so then this expression signifies it should not bee done by mans helpe , but the lord alone would come and doe it by his owne immediate hand . let us now first inquire into the matter , what it is that they should injoy ; the lord would break the yoke of their burden , the staffe of their shoulder , the rod of their oppressor : and here we must consider , first , what this signifies , what doth god intend in this ? for the grammaticall meaning the yoke of his burden , this is an hebrewisme , and signifies his burdensome yoke , hee will breake his burdensome yoke , that is , the heavy yoke that was put upon his shoulders , by those that had enslaved him ; the staffe of his shoulder , that is , the staffe wherewith his shoulders used to be beaten ; the rod of his oppressor , that is , either the scepter of those tyrants that kept them under often expressed by a rod ; or otherwise the rod of correction , wherewith the enemies that kept them under did use to discipline them : and by all this congeries of words , these severall expressions of yokes , and burdensome yokes , and rods and staves , the lord doth signifie the greatnesse of that misery and bondage , that his people should lie under at that time , when jesus christ should come to deliver them . what are those yokes , and staves , and rods that are here meant ? i answer , that it will appeare cleer unto every one that markes the text , that here are two things intended . breaking of the temporall yokes , the yokes that they should lie under from the assyrians , the babylonians , and so the successive kingdomes and empires , that should keepe them under subjection and bondage ; but principally here is meant , the spirituall yokes of sinne , and death , and wrath , and curse ; and that both these are meant is cleare in the text ; that the outward yokes are literally meant is obvious to every ones eye that doth but compare this with the two former chapters , and all the chapters that follow , for five or six of them together : in the eighth chapter the lord threatned hee would bring the empire of assyria upon them , and the assyrians should carry them into captivitie , and fill their land with waters up to the necke ; and for a great many chapters together from the seventh chapter , i thinke there is not one but there is somewhat of the assyrian empire that should lie heavie upon the backe of gods people ; that is the literall , but another thing intended is , the mysticall , the spirituall babylonish yoke , the devill and sinne , and death and hell ; jesus christ will breake all these yokes from off the neck of his people . and that the spirituall is intended as well and more then the temporall , is cleer both by what goes before , the preaching of the gospel should doe it , and by all that followes , for unto a us child is borne , to us a sonne is given : both these sorts of yokes would christ beake by his owne hand ; if you would have it yet a little more cleer , i conceive the deliverance most immediatly intended in the letter was the destruction of that great army of senacherib that came in hezekiahs time , which came to swallow them up , and was destroyed with gods hand immediatly from heaven , which ( as all the rest of the jewes deliverances ) was intended as a type , to shew how god will breake all other the yokes of those that lie heavie upon his inheritance . this then for the meaning of it , that whatsoever enemies should rise up against the church or people of god , however they may keepe them under for a while , christ hath a purpose , and will in his owne due time break them , and their yokes in peeces , and he will doe it in a strange way , by his own hand , in a way that shall bee very easie to him to worke , but very hard for them ; either to resist or to beare . this is the plaine scope of the text ; now i proceed to some matter of instructions ; and first , if you looke upon these words , as they stand in their connexion or dependence with the former verse , they joy before thee as the joy in harvest , and as men rejoyce when they divide the spoile , for thou hast broken every yoke , the yoke of his burden , the rod of his oppressor ; because god destroyed his enemies that would have destroyed him , therefore they shall joy like the joy in harvest ; learn one lesson from it , very sutable to the occasion of our meeting ; namely , that the lord doth expect that his people should greatly rejoyce when he doth break the yoke of their enemies , and the staffe and rod wherewith they whip gods people when god uses to defeat the plots , and enterprises of wicked men against his servants , hee expects that the hearts of his people should bee fill'd with joy , and their tongues overrun with his praises . there is abundance of evidence for this in the scripture , in the . psalme you shall finde the church exulting , her mouth was fill'd with laughter , and her tongue with joy ; every one that look'd in the face of gods people saw them have a merry countenance ; why ? because god had broken the captivitie of babylon , hee had brought back the captivity of his people , and broken in peeces the enemies that kept them under , so likewise did moses and all the israelites , when they saw the egyptians sinke like a stone into the depth of the sea , in the . of exodus , and pharoah and all his chariots drown'd in the red sea , they all lift up their voyce , and sung to god praise and thanksgiving in the highest , i will sing unto the lord , for hee hath triumphed gloriously , the horse and his rider hath hee throwne into the sea : so did deborah , and barak in the fifth of iudges , when sisera and his host was broken before the servants of god , they rejoyced , and prayed god it might ever bee so , that all gods enemies might so perish , and all his people might so rejoyce ; thus you shall finde it prophesied in the new testament , in the . of revelations , you shall reade in the latter end of the . chapter of the destruction of the babylonian party , mystically babylon , the popish party , the antichristian partie , the malignant church that is risen up against the church of christ , there i say you shall reade the ruine of it , and the meanes of it , the saints helpe to doe it , and you shall there see all the kings of the earth weeping and howling , and all that were friends to the harlot were condoling one with another for that great losse ; but in the . chap. in heaven , that is , in the church of christ , there was nothing but hallelujah , praise yee the lord , for the lord hath avenged himselfe , and when her smoke arose up for evermore , againe they say hallelujah to see rome burning , and the instruments that would have oppressed gods people destroyed , and troden under foot ; it was hallelujah to the hearts of all that feare god : this i doe but touch , but , it may bee a notable tryall of your spirits , for certainly , it is a signe of a gracious spirit to refuse to bee comforted in zions ruines , and to refuse to be sadded in babylons ruines ; to finde a soule , or a people that will hang their harpes upon the willowes , and will mourn and lament , and rather wish that their right hand forget their cunning , then to sing one cheerfull song while gods people are in babylon , and yet to find them full of joy and rejoycing , when god is breaking the yokes of oppressors , and treading them under feet , that rise up against them ; this i say , is an argument of a heart that joynes with jesus christ , when they fulfill that of the . of isaiah , rejoyce with ierusalem all yee that mourne for her ; and that of psal. . . the righteous shall rejoyce when hee seeth the vengeance : and on the other side , it is an argument of a base spirit , of a spirit malignant against christ and his cause , that is either rejoycing when gods people are troden under foot , or malignes those that are the meanes or instruments of delivering of gods people , that with sanballat and tobiah , are vexed and grieved at the heart when they see god raised up any that may be for salvation to his people ; but it is a token withal that as their hearts are not with jesus christ , but against him , so they shall perish in the ruine of his enemies : this i doe but point at from the connexion , they shall joy like the joy in harvest , for christ hath broken the yoke of their oppressors , broken the yoke of the enemy and the enemies themselves , and the enemies themselves together ; but i come to the words , which i shall handle onely as they respect their temporall and outward deliverances ; and under that consideration there are these two lessons that i intend by the lords assistance to handle : the first is , that the lord doth sometimes leave his owne people to lie under heavy yokes , to have the staves and rods of oppressors lie upon their backs and shoulders : secondly , and principally , that jesus christ will in his due time breake in sunder all the yokes that lie upon his peoples neck , all the staves that beate their shoulders , all the rods that whip their backes , christ hath a time wherein he will break them all , both yokes and oppressors together , and set his people free from them ; this second i most intend ; a word or two of the first . that the lord doth sometimes leave his owne people to bee under the tyranny of them that hate them : i say his own people ( for this was emanuels land , you 'l read it called by the very name of emmanuel in the eighth chapter ) the assyrian shall come and fill the breadth of thy land o emmanuel ; they were emmanuels people that should have these terrible yokes put upon them : to understand this lesson , bee pleased to premise thus much ; that it is of all judgements one of the most terrible and uncomfortable that ever a people can be exposed to , to have those that hate them to tyrannize over them , that was davids prayer , i have done justice and judgement , give me not up to mine oppressors : o lord deliver mee from that judgement , that i bee not left to wicked men , to put yokes upon my neck , to beate my shoulders ; and god used to threaten it as one of the severest plagues that ever should come upon his people , when hee was angry with them , that hee would give them up , that they that hated them should beare rule over them : and truely it will easily appeare to bee one of the terriblest judgements of all , because it is a misery that is opposite and contrary to the greatest mercy that can bee enjoyed upon earth ; which is to have rulers and governors , such as are over a people , to bee as a sun or a shield , as a shepheard , as a protector , as a father , for these are names whereby the spirit of god deseribes good magistrates & rulers , to give such to a people as may defend every one in his own right , protect the fatherlesse and widow , and see that every one have justice and judgement , that there may be no complaining in the streets of a people ; but that they may live and serve god in godlinesse and honesty , in peace , to bee preserved in security and tranquillity , o happy are the people that are in such a case , faith the spirit of god in the . psalme ; now if this bee the greatest earthly mercy , then for god to give up a people , or to let them be given up to the judgement that is contrary to it , that their shepheards should bee like them in the . of ezekiel , who should kill the fat , and tread under feet the leane , that should pluck off the wooll , and teare off the skinne ; that should bee as they are described in the . of micah , as briars and thornes that should rend and teare the people that are under them , when the lord shall give men up to such a condition , that those that should defend them , should enter into the field of the fatherlesse , and undoe a man and his neighbour , without mercy and compassion , this of all judgements in the world is one of the cruellest , and the heaviest that a people can bee given up to : now i tell you that god sometimes leaves his owne people to this condition , there are abundance of examples , and i should spend the time needlesly to receite them to you , because you cannot bee ignorant of them ; so they were in egypt , when their lives were made burdensome to themselves , by reason of the heavy yoke of bondage that lay upon them ; so they were in the times of the iudges , oftentimes an enemy comes in , carries away the harvest that they are ready to reape , sometimes carries away the corne they had gather'd into their barnes , mightily oppressed them , put heavy yokes upon them ; so was it in babylon , if you reade but the fifth of lamentations , it will make you weep to consider the sad complaint that the church makes there , our inheritance is turned to strangers , our houses to aliants , wee have drunke our water for money , our wood is sold unto us , our necks are under persecution , we labour and have no rest , servants rule over us ; wee eate our bread with the perill of our lives , princes are hanged up by the hand , young men are taken to grinde , and the children fell under the wood , &c. such abundance of examples there are that i shall not need to prove it , onely let me a little discover to you out of the word , for what causes the lord uses to leave his owne people to this terrible judgement : i finde three cleer causes why god oftentimes hath left his own people to be given up to oppressors , to tyrants , to put such heavy yokes upon their necks , their states , their consciences , their liberties , and the first & greatest & most frequent is when god himself offer'd to be the king and ruler of his people , to put the yoke of his government upon their necks , a yoke that should be sweet and easie , honorable & profitable , and his people cast off gods yoke , would not be under that , then hath the lord frequently let them fall under the yoke of some others , that they might know the difference betwixt being gods servants , and the servants of other men ; take but two instances of this , one in the chronicles . it was in rehoboams time , when shishak the king of egypt came against them , though egypt and iudah had been in a league , articles of peace betwixt them , shishak comes against them , and brings a mighty army , and rehoboams subjects knew not what to doe , they cryed to god , they prayed the lord to deliver them , no ( saith god ) i will not give you wholly up to a spoile , but you shall bee the servants of the kings of egypt ; why ? because they shall know the difference of my service , and the service of the other nations ; they shall see whether they had not been better to have let mee bee their king , then to bring those to rule over them , who i am now resolved shall bee over them for a while ; there is another terrible instance in the . of zachariah ; you shall see the purpose of that chapter is to signifie these two things : first , that jesus christ would come to bee a prince and a ruler over his people , as a faithfull and good shepheard , they would none of him , they sold him for . peeces of silver , which as it is noted , was but the price that a slave used to bee sold at ; christ the lord himselfe came from heaven , offer'd himselfe to them to bee their shepheard , and they sold him for . peeces of silver ; a gooly price that i was sold at , saith the lord ! well , but what becomes of this ? the rest of that chapter tells you , that hee will give them other shepheards that shall teare them to purpose ; in the . verse , i will give them up every man into the hand of his neighbour , i will give them up into the hand of their king ; who was that ? it is plaine that the roman was their king at that time , because christ came at that time when the roman was over them , now when jesus christ would have been their king , and they say nay , we have no king but caesar , god therefore gives them up into the romans hands , and then they shall have shepheards that shall teare them to purpose ; because they would have none of the lord christ , the lord would give them up into such hands as should discipline them after another manner ; that is one cause , when god offers himselfe to bee their ruler , and they will not have him to bee their ruler , then god puts other yokes upon them . againe secondly , another cause i finde is this , when the lord hath raised up to a people good rulers , and magistrates , that under them ( though possibly with many humane frailties ) they might bee ruled in godlinesse and honesty according to gods wayes , and the people have been ungratefull for them ; the lord then gives them up to the hands of others , that they shall not bee able to shake off , when they will ; so you find it in the example of gideon ; when gideon had delivered the israelites , they came to him , and say be our king ; not i ( saith hee ) god must bee your king , ( which by the way , let me interpret it to you , he meant , he would not change that forme of government , that god had set up in that commonwealth , which was this , that every tribe had their owne aristocraticall government , that is , the chief men of their tribe did rule all , as it might be the maior , aldermen , common-councell men in every tribe , and when a time of speciall danger came , that an enemy invaded them , god from heaven used extraordinarily to raise up some judge , & that danger being over the government of the commonwealth went in the old channell ) they would have had gideon to be their king , no ( saith hee ) not i , nor my sonnes , but you shall have god to bee over you ; well , but when gideon died they forgot gideon and they would have a king , and tooke abimelech , who proved a cruell tyrant to them , whereupon iotham in the . of iudges , ( when all the people were together ) tells them a tale ; the trees ( saith he ) would have a king , and they went to the olive , and the vine , and the fruitful trees to rule over them ; no ( say they ) we must keep every one our own ranke , i cannot leave my fatnesse nor my sweetnesse , &c. but a king the trees will have , and their king proves a bramble , so ( as his speech intimates ) will it prove unto you for your ingratitude to god for gideon and unto gideons family , it will come to passe that this bramble your king shall first rend and teare you , and afterwards you and your king consume one another , and this curse or prophesie came upon them , and for that very cause . another like instance wee have sam. . god had raised up samuel in a time of much trouble , to be a judge and saviour to the jewes , they took occasion upon some miscariages of samuels sonnes to cast him off , and they would have a king after the manner of the nations round about them , and therefore god in his wrath gave them saul , who proved a tyrant : ingratitude for good governours is one cause why god gives people up to such oppressors . and then thirdly , i finde , when people use to teare and devoure one another in their petty precincts , when as any one gets a little power in his hand , hee loves to put a yoke upon the neck of his brother , for this doth the lord send them those that shall put yokes upon them all ; so you find it in this very chapter , in the latter end of it , manasses bites ephraim , and ephraim manasses , and these two confederate together to bite iudah , and for this the lord gives them up to senacherib , and he bites & devours them all ; thus was it also , ieremy . . when the people were given wholly to oppresse one another , the city was wholly oppression in the midst of it , violence and spoile , griefe and wounds were every where found , then was ierusalem a citie to bee visited by them who should gleane them as a vine , who should be cruell to them and shew no mercy . thus you see the lord sometimes leaves his people under heavy yokes , yokes put upon their lives , estates , consciences , liberties , when they will not bee under gods government , when they are not thankfull for good governours , when they according to their own power will be tyrannicall and oppressive one to another . i shall not stay upon the application of this , i onely say of it , as christ of the cup he was to drink , father , if it bee possible let this cup passe from me ; lord let this cup passe from us , let not our god give us up to spoyle , to confusion , to oppression ; for i am too well assured that in all these things i have spoken , wee have deserved to drinke this cup , and our sinnes cry loud in the eares of god for it ; and whatsoever you may say of the two latter , i am confident you 'l all beare mee witnesse wee have highly deserved it in the first of these ; the lord hath offer'd to england the government of his own scepter , the government of his gospel , & he is shewing us the way how he will rule us in ecclesiasticall things , but alas , there is not a thing under heaven more abominable to the people of this land , then to think that they should have such a yoke put upon them , though the aime and end of it bee onely to make them holy ; but we will have none of it , the thing we will have , is , to live as we list , wee will not have this man rule over us ; the lord grant wee bee not broken with other yokes ; and as for ingratitude for our other magistrates and rulers , and for our biting and devouring one another , the lord knowes it is to bee found in every corner of the land ; i onely mention these things that in this day of rejoycing for mercies received , you may all joyne in prayer that the lord bring not this evill upon us . thus briefly for the first ; the second lesson which i mainely aime at is , that howsoever the lord sometimes lets his people lie under heavy and terrible yokes , yokes upon their lives , names , estates , liberties , consciences , ( call them by what names you will ) yet jesus christ hath a time , when hee will break them all ; thou hast broken , it was not broken yet , but god uses to speak of his mercies intended for the church , in the preterperfect tense , as things already done , because they were so sure ; the lord christ will breake the yoke of their burden , the staffe of their shoulder , the rod of their oppressor ; when the lord doth at any time leave his people in this sad condition which i have spoken of , hee never puts them out of his own hand , though hee may deliver them into the hands of others , hee alwayes keeps the line in his owne hand , that the adversary cannot doe what they list , they are bounded by him , and it is not for want of love or of power , that the lord lets any such yoke ever come upon the neck of his people , but onely from his owne will , and from his own wisedome , the lord orders it so , that the heaviest thing that betides them , shall never hurt a haire of their heads , as christ hath it in luke ; though some of them be put to death , not a haire of their heads shall perish , hee never gives them so into the hand of wicked men , as to put them out of his owne hand , or to cease his owne care ; but this doctrine holds out a further mercy , that though the lord sometimes puts them into the hands of wicked men , and lets them be his rod to scourge them , beate them , pinch them , thresh them , yet in his due time hee will breake all those yokes , and the yokers together , all such as put them upon his peoples necks , they & their yokes shall all perish , for both of them are equally intended , as it is in the next words , as in the day of midian , not onely the people of israel were saved from midian , but the midianites destroyed also ; and so in senacheribs time , not onely the people delivered , but the enemies destroyed ; now that the lord will doe it , blessed be his name , there are . promises that it shall bee so , and as great a cloud of instances , to prove it hath been so ; egypts yoke was broken , the philistims broken , ashur and babylon broken , yea the ruine of all the kingdomes of the earth who have successively laine heavy upon his church and people doe all beare witnesse to this truth , that the rod of the wicked shall not alwayes rest upon the back of his people . i shall not inlarge my discourse upon this , because i thinke it is a knowne theame , every one that hath read the scriptures can give proofes of it , i shall onely present to your consideration two or three texts , one is that of isa. . . the lord promised in the former verses a great inlargement , increase & prosperitie , so that their land should be too narrow for them , & kings and queens should bow unto them , now he knowing how hard it would bee for his people to beleeve this , because of the great bondage they lay under , and the utter improbability of getting out of that state , brings them in in this . verse , objecting thus , alas , our miseries plead prescription over us , our hope is gone , shall the prey be taken out of the hand of the mighty , or the lawfull captive delivered ? now our adversaries say , we are a lawfull prey , we are prisoners of warre , and they can plead right as well as might to bring us under , and now shall wee ever bee delivered ? yes saith the answer of god , even the captive of the mighty shall bee delivered , and the prey of the terrible shall bee taken out of his hand , for i will contend with him that contendeth with thee , and i will save thy children , and all flesh shall know that i the lord am thy saviour : and in the . of esay after hee had promised to consume their enemies as a moth eates a garment , and that his people should returne with the voyce of singing unto sion , hee then chides their feare and unbeleefe , why fearest thou a worme that shall die , why fearest thou because of the fury of the oppressor , as if hee were ready to destroy ? and where is the fury of the oppressour ? alas it 's gone as a puffe of wind : then followes , the captive exile hastneth that hee may bee loosened , that hee may not die in the pit , nor that his bread should faile , hee feares lest he should starve or die in his bondage , and therefore makes hast out of it ; but gods people shall not need to make such hast , their seasonable deliverance is sure enough ; many other scriptures speak this truth as plainely ; but that which i chiefly aime at for cleering this doctrine , is , the discussing of two questions , the one is , . when the lord uses to doe this ; . how hee doth it . for the first , that hee will deliver his people from all their oppressors , is not to be doubted , but when the lord will doe it , that is the time that every sad soule cries after , how long lord , holy and true , doest thou not avenge us ? or when lord shall it bee ? i answer , though it bee not for us to search curiously into the times and seasons that the father keeps in his owne bosome , as you have it in acts . . yet the lord hath left very comfortable prognosticks in his word , whereby wee may guesse when the time of the deliverance of gods people from their bondage is even at hand ; certainly it will come in the best time , in the fittest time , but when that time doth appropinquate , drawes nigh , you shall find it cleer in the word by these three things ; the one is , the lord ordinarily makes that the time of his breaking the power of the enemies of his church , when they are fill'd most with rage and fury against the church , when they breath out nothing but slaughter , and threatnings against them , blaspheme not onely them , but their god , and their profession , and their way , when they are risen up to that height that their sinnes are full against god , and their rage against gods people , that is the time when the lord suddenly uses to break out and crush his enemies ; i might give you many examples of this in the book of god , take that expression in ieremiah . . for one , the lord would speedily come to deliver his people , but why ? even because they said , this is zion , whom no man cries for ; zion was then a scorned company , i will therefore ( saith hee ) restore healing to them ; therefore would hee come , because the enemy said , this is zion that no body cares for , every one can tread it under foot ; so likewise , ezek. . . because the ammonites said aha against his sanctuary , against the land of israel and against the house of iudah , when they went into captivitie , behold i will therefore deliver them , &c. and ezek. . . because the king of tyrus had set his heart as the heart of god , therefore god would bring enemies upon him . what need i multiply examples ? you shall find it was thus to all the people that ever had gods people under them , goe from egypt , to those of syria , palestina , to the assyrians , the babylonians , the grecians , the romans , you shall find in them all , that when their rage was most furious against gods people , then was the time neer that god used to breake them , and deliver his people from them . secondly , another time is , when the lord by the threshings of their enemies hath purged the chaffe out of his people ; when the lord hath by delivering his people up into the hands of wicked men wrought in their hearts a spirit of repentance , a spirit of humiliation , a spirit of prayer , a spirit of looking unto god , the lord never stayes long before he doth deliver them ; i beseech you search the scriptures , and you will find that the morning starre is not a more infallible argument of the day , of the sunnes approach or rising , then a spirit of humiliation and prayer powered upon gods people , is an argument of their deliverance at hand : the burden of hadrach , and damasous , tyre and sidon , ruine to them is prophesied of in the . of zachariah , but when should it bee ? when the eyes of the tribes are towards the lord , when god puts it into the hearts of his people to looke to god , to humble themselves and seek his favour , the lord is then at hand , to ruine their enemies and deliver them : so also in the . psalme , vers . . thou shalt arise and have mercy upon zion , marke the phrase , thou shalt arise , it is somewhat akin to that place of isaiah , where the lord saith , aske me of things to come , and concerning my sonnes and daughters command yee mee ; so the people of god come in , thou shalt arise and have mercy , why ? what makes them so confident ? the set time is come , the time of deliverance of zion is come , even the set time is come ; how can they tell that ? thy servants mourne over the dust of it , thy servants are compassionate , they pitie , they poure out their soules , and mourne to god , and out of this ; the church could set downe the conclusion , the set time is come for it , when the lord hath prepared his people , and humbled them : and then thirdly , when hee hath broke all other meanes of deliverance , so that they see no hope or meanes of helpe in any other , the heart of man cannot thinke how prone even gods servants are to relie upon other crutches besides god , and to catch as sinking men at every twig , and every bulrush , but when the lord hath broke all their probabilities , and expectations elsewhere , that there is none shut up , nor none left , then doth the lord use to come himself & rescue his people , and break those that thought to swallow them up ; of this you may please to take two notable instances ; the one is a prophesie in deuteronomy . . the lord had said how hee would scatter his people , but ( saith hee ) when hee saw , that their strength was all gone , that there was none shut up , nor none left , that is , none to bee a helpe , there were enow of gods people left , but not any one that could worke any deliverance for them , what then ? then did the lord repent concerning his servants , and his owne arme delivered them ; you have it yet rather more cleerly in isaiah . . the words are these , the lord looked , and there was no man , and wondred that there was no intercessor , the lord could finde none that could speake for them , none that could act for them , when god saw that , then his owne arme will doe it , hee then put on his mercy and goodnesse , and arrayed himselfe with his zeale like a robe , and his owne arme did it ; that they might feare the name of god from the rising of the sunne to the setting of it : and that is the reason why the lord uses to come in at such a time , because hee hath the more glory . this for the time , when god uses to break the yokes of his people that lie upon them , when the enemies are at highest , when he hath humbled and prepared his people , and when all other helpes doe faile them , then the lord doth it : but then in the next place , how doth he doe it ? after what manner doth he use to deliver them ? i answer first in generall : which way soever the lord doth it , all wayes are alike easie to him ; alike easie for him to contrive ; alike easie for him to use his infinite wisdome , and his infinite power knows no degrees of ease or strength in any way , all are alike to him ; it is all one to him to save by many or to save by few . secondly , i answer , that when the lord comes to deliver his people , he seldome doth it that way that his people expect , seldome walks in the paths that we have causeyed for him , or by the line that we have chalked out for his direction ; seldome or never doth god take that way : we are prone to deal with god as naaman did , when the prophet had sent for him to cure , that he and his master might know there was a god in israel who knew how to cure him of his leprosie ; naaman believed it , but he had fancied by the way how it should be done : now ( saith he ) i shall finde a cure ; and he will surely come out to me , and strike his hand over the place , and stand and call on the name of god , and so i shall see a miraculous work wrought upon me ; the prophet went clean another way ; and because the prophet did not come out , and take that way he thought of , he went away in a rage , and thought there was no cure for him : so verily most people deal with god ; we think this is the way how our deliverance must come , by such a parliament , by such an army , by such a designe , by such an association , by such and the other way , here it must come , if this way fail , we think all is lost , and god seldome goes the way we have chalked out ; study you the scriptures and you will finde it : but yet if positively you 'll know what way he doth it ; i answer more particularly : very frequently by his own immediate hand , without the help of any other ; he alone trode out the winepress of the wrath of god , and there was none of the people with him to help him , but doth all himself , so my text saith in the next verse , the battail of the warriours , &c. if other nations conquer , they doe it by garments rolled in blood , and by confused noise , but this shall be by burning and by fuell of fire by gods own hand ; or which is all one , he ordinarily doth it by most unlikely and contemptible meanes , he will not alwayes work miracles , that is to doe a thing without any meanes at all ; but in the deliverance of his church , he alwayes works miranda , marvailous things , by doing it by such meanes as are altogether improbable and unsuitable to the great things that are to be done by him . this instance of my text is a most notable proof , he will break every yoke of the oppressor , as in the day of midian ; how was that ? you may read the story in the of iudges : the way was this , there was such a numerous and mighty army of the midianites , that the text saith , they lay like grashoppers , and cover'd over all the countrey ; the lord meant to destroy them and gideon must goe with men , and these men must every one carry a pitcher , and a lamp therein in one hand , and a trumpet in another hand , and compass in this mighty company , every one at his post , and blow with the trumpet , and not strike a stroke , but cry , the sword of the lord and gideon ; and this routs and destroys an invincible army . as in the day of midian , saith the lord , so will jesus christ , that is , by some unlikely meanes : and give me leave to say confidently , that whosoever reads the book of god from one end to the other , will finde that most of all the deliverances which the lord hath given his church , have been by people that have been most unlike to doe their businesse ; a shepheard shall bring israel out of egypt ; rams hornes shall blow down the walls of iericho : a shepheards boy with a sling and a stone in it , shall overthrow goliah ; the israelites like two little flocks of kids shall overthrow the assyrians , that fill all the countrey , thus hath the lord used to doe it : if you 'l know the reason of this manner of proceeding as well as of the time when he doth it , it is , because then hee appeares like himselfe ; the truth is , let god doe it by never such probable meanes , it is god that workes all ; god did no more when hee destroyed the midianites by gideons . then hee did when he destroyed the army of the israelites , with . of the tribes of iudah and benjamin , god did no more in the one then in the other , for it is god who workes all in all , but god doth not so much appeare , for wee that are thick sighted can see what the creature doth , but wee cannot see that this creature is in gods hand , and that it is god that doth all ; but now when the lord uses meanes which are altogether unlike to attaine it , and are wholly unfit for the worke then to doe it , all say this was digitus dei , this was the lords doing ; now the lord saith , when there was none to speak , then his owne arme did it , that gods name might have the praise from the rising of the sunne to the setting of it : these things i might have prosecuted further ; give me leave to wind it all up with an application , and i shall dismisse you ; and there are but two vses , which i intend of this lesson , the one is , first , a word or two of admonition to enemies , if there should be any such here , that are ill-willers to the church and people of god that love not christs cause in the hands of his servants , who wish ill to it , who are glad when power and strength comes into the hands of those that would , or are likely to oppresse gods people , and as farr as they can are contributing their power towards such designes ; let mee tell thee who ever thou art , thou wilt wholly be frustrate of thy expectation , flatter not your selves , o yee malignant spirits , if any such heare mee this day , i say againe flatter not your selves with any thought that you shall bee able to doe any great matters against the servants of christ , your plots will all come to nothing ; i will tell you a story , you shall finde it in chron. . the church malignant , i meane the church of the ten tribes , ( who had made apostasie under ieroboam ) had rallied a mighty army together , and went against the true church of christ , against iudah , and they got the day , and carried away . of their brethren , whom they made account to keepe or sell for slaves , and so keep them in bondage , and now they thought all was their owne , there comes a prophet and meets them , who tells them from god , with a rage that reacheth unto heaven , you have slaine many of your brethren , and now you think to keep the people of iudah under , it will not bee ( saith hee ) there are sinnes amongst you , great is the wrath of god that is kindled against you , let them goe home againe , meddle not with them : and truely though the people were naught , they tooke the prophets counsell , they saw it would be in vaine for them to kick against the prick ; so i say , it may bee there may bee some such here , for i can heare of strange insultings and threatnings in the mouths and tongues of many against those whom they thinke shortly to have under their feet , but doe not flatter your selves , the people of god are too heavy a stone for you to carry farre ; i will make ( saith the lord in the . of zachariah ) ierusalem a burdensome stone , for all people that burthen themselves with it shall bee broken in peeces , though all the nations of the earth should bee gathered together against it , the people of god will bee too heavy a weight for them : in the same place hee speakes to them that thought to drinke their blood , i will make ierusalem a cup of trembling unto all the people round about ; you cannot hurt them , you may bee gods flaile to thresh out their chaffe , bee a meanes to purge and winnow them ( which they will have cause to thank god for , ) but for you to thinke to oppresse them long , that the rod of the wicked shall remaine or rest upon the neck of them that feare god , it cannot bee , you 'l ruine your selves in the designe ; bee wise therefore and leave it off ; but i forbeare , for such ordinarily are more fill'd with fury and rage against that that is spoken in this kind , then willing to profit by it , and therefore my next vse is , to them that will profit by it , and whom i hope the lord will teach to profit by it , to all those that have sincerely owned christ and his cause amongst us , i would speake somewhat to them , the lord grant i may speake effectually , i am sure it is a word in season , you who are the lords people , that are in covenant with him , who desire to know & feare him , and to see the welfare and prosperity of zion , the thing i would leave with you is this , lay not to heart overmuch the dangers you seeme to be in for the present , from the hands of those who would destroy you , lay it not ( i say ) so far to heart as to be dismayed : i confesse it is as arrowes in the hearts , and swords in the bowels of many , to heare the extream threatnings and scornes wch in many places are cast upon those that desire to feare god , they are often told , you are not farre from hanging , you must shortly looke for it , england will bee too hot for you , your doores are mark'd , you are known well enough , the day is comming , you 'l be caught ere long , what of all that ? which if these things bee belched out ? i confesse if our lives were in the hands of men , if the lord would deliver us up to them to doe what they would , and put us out of his hand , i beleeve there would not bee a godly man left before to morrow night , so much rage and fury is throughout the land against them , if satan might have the ruling of the rost , and the determination of businesses ; but truely the servants of god are never nearer to deliverance , then when such threats lie upon them , and the lord jesus christ being the same yesterday , to day , and for ever , knowes his own best time , and his own best way , and we should fix our eyes upon him , when all other things goe crosse , and studie onely to walke so as wee may bee under the power of this doctrine , that wee may bee under the reach , and cover and wings of it , and when wee have done that , wee have done all wee should doe ; and therefore to this end , give me leave in this close of the sermon , to give a threefold advice to gods people , what they should now do in regard of the present straights and dangers that wee are cast in , that so wee may the more comfortably expect deliverance from christ : the one is , let us all ( in the first place ) take the counsell of the prophet in ieremiah . . when the lord was giving up his people to most wofull spoiles , the prophet speakes to them after this manner , why doe you sit still ? assemble your selves , and let us enter into the defenced cities , and let us be silent there , for the lord our god hath put us to silence and given you the water of gall and wormeword to drinke ; for wee have sinned against god ; so i would say to all , o that the voyce of god in this could reach his servants in the parliament , in the court of aldermen , in the common-councell , in the citie , and throughout england , that it might prevaile with all that have been unfainedly devoted to this work , to get into their closets , to lay their hand upon their mouth , and weep before god , and say , this cup of gall and bitternesse is given us to drinke because wee have sinn'd against god , my meaning plainly is this , i thinke the servants of god in england , since the gospel came into england , have never miscarried , nor dishonoured the gospel so , as we have done since god hath wrought these enlargements for us ; surely wee walked . times better in the dayes of persecution , then wee have in the middest of our inlargement ; o to what abundance of loosenesse even good people are come , what pride in many of their hearts , what scandalous walking in the eyes of those that are enemies to religion , what bitter divisions one against another , undermining one another , opposing one another , when one side gets power striving to beate downe the other , if the other get the ball , they kick as unmercifully against the other , even to the scorne of religion : truely wee have even lost our selves ; our foolish walking hath took off the awe that the profession of religion laid upon the hearts of wicked men , who heretofore though they did not love goodnesse , yet they saw such a conversation in those that were good , that it laid a bridle upon them , but now they see that many godly , or who at least pretend to bee godly , appeare so selfish , so bitter , so worldly , not onely to bee of differing minds , but of differing affections , falling into horrible rents , and abominable opinions , this i say , hath tooke off the awe that lay upon mens consciences , and therefore is there so much rage let out against us ; i desire therefore that we all that professe our selves to bee christs servants may get our selves into our closets , and bee silent , lay our hands upon our mouths , and say , it is most just with god wee should bee given up , wee had a little power and wee have abused it , wee have dishonor'd the gospel , and now the lord hath given us the water of gall and wormewood to drinke , because our finnes have called for it . beloved , our adversaries can speak of these things , and it is good for you to heare of it from the ministers mouth , for when wee lye low and submit , and say , god hath walked contrary to us , because wee have walked contrary to him , then the lord will quickly turne things about , and bee gratious to us : that is one ; let the servants of god wherein they have miscarried bee sensible of it , humbled and abased for it in gods sight ; and secondly , let our conversation for the time to come , bee according to the principles and wayes that wee walked in the beginning of this worke , when wee were first ingaged in it ; in the beginning of our work , what were our principles ? what were the things wee aimed at then ? did we not then aime at the reformation of religion , execution of justice , enjoyment of libertie , &c. were not these the hinges that carried us ? and the wayes wherein we walked then , what were they ? were they not the wayes of prayer , and the wayes of christian love , and a spirit of zeale ? was there not a spirit of prayer mightily poured out in every corner of the land , so that you could come no where , where there were any that feared god , but frequently in publique and private there was knocking at heaven gate , and wrestling with god ? and was there not a spirit of love amongst gods people then ? wee know not the divisions and animosities that are come in since , every one helped together ; and was there not also a spirit of activity ? were they not all vigorous and active laying out all their strength and all their talents , when the enemy was not so active as now ? which diligence many have given over , and the enemy hath taken up ; now let us indeavour that the same spirit may be revived amongst gods people for the time to come , let us remember our engagements , and what the things were wee vowed , when wee lifted up our hands to the most high god , and doe our first workes ; o that wee could see a restoring of these things , o that wee could see a restoring of the spirit of prayer againe among the godly people of england , and a spirit of love to unite one with another , ( i am sure wee see all our enemies unite against us ) o that they would now unite one with another , though they cannot bee all of one minde , yet of one heart , bearing one anothers infirmities , indeavoring to heale all that is sinfull in each other ; o that the spirit of zeale to promote the cause wee are ingaged in , might once more bee found amongst us , that wee might with abishai and ioab play the men and bestirre our selves , and let god doe what is good in his own eyes : let that be our second care , remember our first principles , and our first wayes ; and then thirdly , and lastly , with lamenting and bemoaning our failings , and with our recovering our first love , and our first wayes , let us quietly leave it to god , to doe what hee will ; o that god would once bring his servants to this passe , never to look for any great good from man , nor never to feare any great evill from man , neither good from the best of men , nor evill from the worst of men , but to resolve that the lord can and will himselfe doe his own worke , and were there not left in london , in england , in all three kingdomes any one of power to stand for the cause of god , were all swallowed up , yet let us conclude the fire of god will burne up all the briars and thornes that are risen up against the lords vineyard ; were our armies all lost , were our friends all gone ( as indeed wee are come to a very low ebbe ) yet is our deliverance never the further off , therefore hold up your confidence ; indeed if wee were engaged in an ill cause wee ought to give it over to repent of it openly , and take shame to our selves ; if wee have done ill , to stand for reformation , contend for our liberties , to contend to bee a free people , if this were sinfull let us bee humbled , and tell all the world of it , but if it be right , it 's not the falling away of this man or that man , or the revolting of this or t'other ship , or castle , or this partie or that partie , all this is nothing , if god turne but his face against them they are all gone ; brethren , let me speak truly of it , it is thus in scotland at this day , the godly party , they that are for the covenant and religion ; though they are overborne with an army , a degenerate party risen up against them , who threaten to swallow up all , and have plundred and wasted the estates and goods of them who will not joyne with them in this sinfull and wicked ingagement , yet they hold one and cleave to their old rules and principles , and confidently expect deliverance ; the lord teach us to doe the like , that as wee meet this day to praise god for his mercies and deliverances lately received , a whole catalogue whereof were now read unto you , so to resolve it for the time to come to seeke him in his own way , wee to doe what wee can , and with faith leave him to doe what he will . finis . notes, typically marginal, from the original text notes for div a e- introduction shewing the coherence . . matth ▪ . , . . . . scope and parts of the text . which are a great deliverance of the church . the manner how i● must be wrought . . judges . . interpretation of the text . . . . . . chron. . kings . . esay . . obs. from the connexion of these words with the former , gods people should rejoyce when god breakes their enemies & their yokes in sunder , psal. . exod. . judges . vers . . vse . a notable tryall of our hearts whether they be right to christ and his church . esay . . two doctrines from the deliverance promised in the text . doct. christ sometimes leaves his own people under grievous yokes . esay . . psal. , . esay . . deut. . . . psal. . . . hos. . . psal. . , . ezek. . micah . . lamentar . . per totum . for what sins god useth to give up his people into the hands of tyrants and oppressors . for refusing to be under his government he gives them up to be under cruell governers . chron. . . zach. . opened . . when his people are unthankfull for good governours , hee gives them up into the hands of oppressors . judges , , &c. sam. . ho●ea . . . when people are tyrants and oppressors one over another , god useth to give : him into the hands of oppressors . esay . . jer. . . . application . doct. christ will in due time break all the yokes which lie upon his peoples necks . luke . ● . psal. . . esay , , , . esa. . , . quest . . when christ useth to deliver his people . answer to the first . he alwayes doth it in the best time . and that time may be known to approach . when the rage of his and their enemies is highest . jer. . . . when gods people are humbled and seek his face and favour . zath. . . . &c. psal. . . . and when all hope of deliverance by any other meanes is cut off . deut. . . esay . . quest . . how , and after what manner doth god use to deliver his people . resp. . all wayes are alike easie to him . resp. . he seldome delivers in that way his people expect it . resp. . esay . he usually delivers his church without any humane help . resp. . or which is all one , by unlikely meanes and instruments , reason . because in this way of working god appeares most like himselfe . chron. . . vse . admonition to them who have ill will at zion . chron. . zach. . . vse . exhortation gods people not to be dishartned by the threatnings of ●●em●es . and to walke so as to be under the shelter of this doctrine directions how this may bee done . . first , bee humbled and ashamed for our unworthy walking in the middest of so many wonderfull administrations towards us . jen. ▪ . . to walke according to our first good principles and wayes . . with confidence expect a good issue from god . a true narrative of the particular profits and gaines made by me william lenthall from during the time i was speaker. lenthall, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true narrative of the particular profits and gaines made by me william lenthall from during the time i was speaker. lenthall, william, - . p. [s.n.], london printed : . reproduction of original in the union theological seminary library, new york. eng lenthall, william, - . england and wales. -- parliament -- history. great britain -- history -- commonwealth and protectorate, - . a r (wing l ). civilwar no a true narrative of the particular profits and gaines made by me william lenthall, from . during the time i was speaker. lenthall, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true narrative of the particular profits and gaines made by me william lenthall , from ● during the time i was speaker . london , printed in the year . having seen a letter , which i may judge comes from a friend , it reciting the truth of what losses i have sustain'd , as well as the profits i have made : and perceiving 't is more necessary at this time to shew the truth of what i have gain'd since i was speaker , to undeceive the many that believe , and relate the contrary ; and which i may hope will in some measure plead my vindication , that the errours i have fallen into were not willingly , but accidentally committed . when i was first call'd to be speaker of the house of commons , i think 't is known to most that i had a plentiful fortune in land , and ready money too , a good summe ; and that if i had continued my way of practise , i might as well have doubled my fortune as got what i did , because the estate i had then gain'd , was the profits of my beginnings , and having lost now twenty yeares of the best part of my life , and the greatest of my advantages , it will appear i have been a greater loser then an improver of my fortunes , by those publick places , i have with so much hazard and danger under-gone . i received by the last yeares of my practice , five and twenty hundred pounds by the year , which i quitted when i was made speaker ; and instead of making any advantage by that , i added a great charge , keeping a great retinue and publick table for two yeares , which his majesty taking notice of , gave me six thousand pound , of which to this day i have not received above the one half . immediately after the office of master of the rolls falling by the death of sir charles caesar , i was admitted master of the rolls : but if any one will look back they will find i could not , as well as i have not made the benefit of that imployment as others my predecessors had done ; not onely by reason of the distractions that then were , but also by reason that the court of wards was thought to be taken away , which yielded a yearly profit to that office of at least eight hundred pounds : also the bishops either for their creation , translation or restitution to their temporalties , paying a fee of a hundred pounds , which one year with another made five hundred pound profit . then there was taken away from me the fines on original writs , which in truth was all that was left of advantage to the office ; and by the losse of these fees upon the wardships , bishops and fines on originalls , there was two and twenty hundred pounds yearly taken from the profits of the place . but that which makes the greatest noise , and reflects on me to my greatest prejudice , is the gaines i should make by being speaker ; when there is due onely to the speaker five pound per diem , as a standing fee , and five pound on every private bill ; 't is true both houses were pleas'd to adde five pound upon the composition of delinquents . as for the five pound a day , from my first sitting to my last i never receiv'd one farthing of it : as for private bills their profit was very inconsiderable , and so it will appear , is that of the five pound upon pardons , i having not made by both of them two and twenty hundred and twenty pounds : and this will most evidently appear , because i am check'd by the journall books of the house , where every private bill is enter'd , and so was every pardon ; as also by the serjeant that attends the house , and the clarks , they having a fee also where i have one , and receiving what i had from their hands ; and certainly if my gaines should be so great , theirs could could not have been so mean , especially the clarks , who have a profit out of orders , which the speaker has not ; and yet there was one of them that served in the time of my greatest gaines , and as able a person as has executed that imployment , whose condition was such , that the charity of his friends contributed to the expences of his funerall . other places i executed for some short time , but i think rather from necessity than choice , for there was no one would undertake the execution of them without some other recompence than their fees : as i was one of the commissioners of the great seal , which how unwillingly i received , will appear by my sudden putting of it off , and where none has since executed it without a salary . i was also chancellor of the dutchy , but had onely my labour for my pains , and as soon discharged my self of it . i never had any recompence from the house in money , land , or by other reward , and from . to the last time that i sate , i never received any profit by fee or otherwise from them . and , because the truth may fully appear , and i may apply a cure to those wounds uncertain relation hath given me , i will here following set forth to the view of all , what my estate is both real and personal . in real estate i have not above eight hundred pounds by the year , on the rack rent to my use . the residue of my estate i formerly setled on my son in marriage , and is in his possession , and on the racke rent is not above eight hundred pounds per annum . this all my real estate . my personal estate in money , jewels , plate , houshold-furniture and debts , is not above two thousand pounds , and of this i owe eight hundred pounds . there is a widow , one mrs. staveley , that divers years since made use of my name in putting out four hundred pound upon the security of the excize , but she constantly receives the proceed thereof , and the money is her own . this is a true and impartial particular of my estate real and personal , and whatsoever i have besides , or any one to my use , or in trust for me , i freely relinquish , renounce and disclaim , and shall willingly part with it , and confirm it to any who shall discover it . i shall onely adde for the satisfaction of those who may doubt the truth hereof , that i never lent nor put out any money , nor any one for me in my name or in trust for me , or to my use , upon interest , or upon morgages of lands , or any security whatsoever , whereby or whereupon i might , did , or could receive any interest or recompence for my money . and i am ready to attest the truth of this upon my oath . iune . . finis . to the constables and overseers of [blank] by vertue of a warrant to me directed from the standing committee at chelmsford ... essex (england) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the constables and overseers of [blank] by vertue of a warrant to me directed from the standing committee at chelmsford ... essex (england) sheet ([ ] p.) s.n., [london? : ] title includes opening words of text. place and date of printing from wing. a directive required by the authority of parliament to prepare for local defence against a possible invasion from ireland. reproduction of the original in the harvard university library. eng england and wales. -- parliament. -- proceedings. . great britain -- history -- civil war, - -- early works to . ireland -- history -- rebellion of -- early works to . essex (england) -- defenses -- early works to . a r (wing t b). civilwar no to the constables and overseers of [blank] by vertue of a warrant to me directed from the standing committee at chelmsford, ... essex c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the constables and overseers of _____ by vertue of a warrant to me directed from the standing committee at chelmsford , intimating that the lords and commons assembled in parliament considering the oppressions and miseries that now doe threaten the utter ruine and desolation of this kingdome in generall , and of this , and the other associated counties in particular , ●…nd how necessary it is that all men well affected that have any compassion towards their afflicted countrey should now put themselves into a present posture of defence , by raising forces of horse and foot for the defence of the association from the invasion of irish rebels , popish and other ill affected persons , have for these and many other waighty reasons by an ordinance bearing date the fifth of july last , ordained and declared that this county among others shall be put forthwith into a posture of defence . these are therefore to require you by the authority aforesaid to returne the names , at the time and place hereafter appointed , of all persons vvithin your precincts vvho are vvorth one hundred pounds or more in lands or goods , or in lands and goods together ; to the end they may be charged severally vvith horse and armes , so as no person be charged vvith an harquibushire or light horse unlesse he hath an hundred pounds per annum in lands , or be vvorth one thousand two hundred pounds in goods and lands ; nor vvith a dragoone unlesse he be vvorth foure hundred pounds in goods , or forty pounds per annum in lands ; nor with a foot-armes , unlesse he be vvorth an hundred pounds in goods , or ten pounds per annum in lands . you are likevvise required to publish to all men , that this extraordinary charge and imposition of armes , according to the expresse words of the ordinance it selfe , shall continue no longer then during these times of imminent danger , and shall be no president for the future . and you are to make returne hereof unto the deputy-lieutenants at the signe of the _____ in _____ on _____ being the _____ day of next ensuing by nine of the clock in the morning . by the king. a proclamation for the further proroguing the parliament proclamations. - - . england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation for the further proroguing the parliament proclamations. - - . england and wales. sovereign ( - : charles ii) charles ii, king of england, - . aut sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings majesty, london : . at end: given at our court at whitehall, the th day of april, . in the th year of our reign. god save the king. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . great britain -- history -- charles ii, - -- early works to . great britain -- politics and government, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king. a proclamation for the further proroguing the parliament . charles r. the kings most excellent majesty , taking into his princely consideration , the hazardous consequences , and perils which may ensue by the extraordinary resort of people which must necessarily attend the sitting of the parliament , if the lords spiritual and temporal , and commons should assemble at westminster at the time now prefixt ; by which occasion ( especially at this season of the year ) the late contagion in the cities of london and westminster , ( where at present , by gods great mercy , it is almost totally abated ) may be again increased ; and for other weighty considerations , his majesty doth by the advice of his privy council , publish , notifie , and declare his will and pleasure to be , that the parliament shall be prorogued from the three and twentieth day of this instant moneth of april , until the eighteenth day of september now next coming : whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly : we letting them know , that we will not at the said three and twentieth day of april , expect the attendance of any , but onely such as being in or about our cities of london or westminster , may attend the making of the said prorogation , as heretofore in like case hath been accustomed . given at our court at whitehall , the th day of april , . in the th year of our reign . god save the king. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . john selden, of the judicature in parliaments a posthumous treatise, wherein the controveries and precedents belonging to that title are methodically handled. selden, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) john selden, of the judicature in parliaments a posthumous treatise, wherein the controveries and precedents belonging to that title are methodically handled. selden, john, - . [ ], p. printed for joseph lawson ..., london : [ ?] publication date suggested by nuc pre- imprints. reproduction of original in british library. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords -- jurisdiction. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ben griffin sampled and proofread - ben griffin text and markup reviewed and edited - pfs batch review (qc) and xml conversion john selden , of the judicature in parliaments , a posthumous treatise : wherein , the controversies and precedents belonging to that title , are methodically handled . london , printed for joseph lawson bookseller in the bail of lincoln ; and sold by the booksellers in london . a scheme of the method and contents . chap. i. peers to render judgment of peers , pag. qu. whether the spiritual lords de jure are triable by their peers , p. touching the nature of the offences triable in this high court. chap. ii. in what cases judicature belongs to the parliament , of judgment on delinquents , § . i. . their accusation by the commons , four manner of accusations in parl. ib. precedents of their complaints . . by petition , . by demand , . by impeachment , § . ii. . accusation ex parte domini regis , p. some delinquents accused in parliament upon common fame , without proof of witnesses , the judgment repealed . no peer can be indicted in parliament , he may be indicted out of parliament , and proceeded against in the next parliament upon the said indictment . § . iii. qu. whether s. r. ferrars ( r. . ) was legally brought to his answer in parliam by commandment of the d. of l. . whether he being no peer nor baron , could be legally arraigned in parliament by information ex parte regis , ib. question resolved , how the earl of bristol's cause could be heard in the house of lords , notwithstanding ( h. . ) the usage in such cases and precedents , whether in a trial before lords and commons , the commons are to sit with their speaker ? § . iv. accusation ex mandato domini regis . ib. the earl of northumberland's case , h. . ib. the lords impeach not any to themselves , because they are judges , the manner of proceeding against a delinquent that absents , ib. § . v. of accusation by complaint of private persons , the fishmongers complaint against the lord chancellor , r. . the lord chancellor his defence , of the complaint against bishop williams lord keeper , the history of the appeal , r. . the lords proceed not against a commoner , but upon the complaint of the house of commons , appeals abolished , h . c. . . chap. iii. the parties answer . the party accused to be brought to his answer , an answer required from the d. of gloucester , to certain accusations , though he were dead , and judgment given upon him . another delinquent found guilty long after he was dead , in what cases the party is to answer as a freeman , in what as a prisoner , things to be considered in the answer . variation from the ancient course , touching council allowed him , § . . when council shall be allowed him , and when not , ib. in misdemeanors the party may have council to answer . but the earl of middlesex was denied it , jac. the parliament hath compelled a present answer in misdemeanors , and without council , the mayor , &c. accused by the scholars of cambridge , ib. § . . the replication , where the articles against the delinquent are ex parte regis , there the commons do not reply , nor demand judgment , ib. impeachment of the lord latimer , william ellis impeached , lord nevile impeached by the commons , ib. chap. iv. the proof . by examination of witnesses , witnesses produced by the commons , ib. a committee for trial of alice pierce , a jurie in parliament for misdemeanors , g. d. of clarence arraigned , chap. v. the judgment , § . . it belongeth to the lords only , the commons have no right to it , ib. § . . in what cases the king's assent is necessarily required , necessary in capital judgment , in judgment on misdemeanors the king's assent is not required , § . . the king's presence in parliament , § . . the presence of the lords spir. ib. in cases of misdemeanor , aff ib. capital , neg . ib. the protestation of the bishops for ever , whether they can be present & not vote , a bishop being lord chancellor , was present at the giving sentence in case of treason . § . . of the presence of the commons in cases capital , the precedents , their presence not necessary unless when they impeach , whether they sit if they are present , of the presence of the judges , § . . the manner how the lords resolve on their judgment , whether it be ultra legem , judgments for satisfaction , references to the common law , by whom to be demanded , by whom to be rendred , ib. chap. vi. the precedents for life and death , chap. vii . the execution of the judgment , in capital offences , in misdemeanors . chap. viii . the recovery of damages , or restitution to the party aggrieved . . judicature in parliament , chap. i. peers to render judgment on peers . the execution of all our laws hath been long since distributed by parliament out of inferiour courts , in such sort as the subjects were directed where to complain , and the justice how to redress wrongs and punish offences : and this may be the reason of the judges opinion in thorps case , . hen. . num. . that actions at common-law are not determined in this high court of parliament , yet complaints have ever been received in parliaments as well of private wrongs as publick offences . and according to the quality of the person , and nature of the offence , they have been retained or referred to the common-law . touching the quality of the person the lords of the parliament did not anciently try any offenders how great soever the offence was , unless he were their peer . as by that of e. . n. . where when the king commanded the lords to give judgment on simon de bereford , and divers others also , who were not their peers , for the murther of e. . and the destruction of the earl of kent , son of e. the first . a proviso and agreement was made and recorded in these words , et est assensu & accord , &c. and it is assented and accorded by our lord the king , and all the grandees in full parliament . that albeit the peers as judges of the parliament have took upon them , and rendred the said judgment , &c. that yet the said peers who now are , or shall be in time to come be not bound or charged to render judgments upon others than peers . nor that the peers of the land have power to do this , but thereof ever to be discharged and acquitted ; and that the aforesaid judgment rendred be not drawn to example or consequence in time to come , whereby the said peers shall do contrary to the laws of the land if the like case happen , which god forbid . e . n. . this proviso and agreement was made by the lords and commons , and it had these respects . first to satisfy the commons , that the lords by these judgments intended not to alter the course of the common-law , and therefore they disclaimed that they had power to do this , and confess it was contrary to the law of the land. secondly to preserve their own right , to judge none but the peers , in case of life and death . for then the kings steward is to sit in the chancellors place and the lords are to be tryers and judges : and so by judging others then their peers descended below their degrees , for none but peers are so to be tryed and judged . it is otherwise in cases of misdemenors , then the chancellor keeps his place , and the lords are only judges and not tryers , they may command a jury to be impannelled . for tryal of the facts , if the truth appear not by the parties answer , the testimonies are exhibited as r. . in the case of alice peirce . here ariseth a question . whether the spiritual lords de jure , are tryable by their peers or no ? out of parliament they are not to be tryed by the peers ; but the doubt is , whether in time of parliament they are to be so tryed or no ? to me it seems they may , if the matter be moved against them in time of parliament . for as it is in the parliament at york , e. . in the act for the repeal of the spencers banishment , they are peers in parliament . note , that the petition for the repeal saith that the bishops are peers in parliament . the bishops name themselves peers of the land : and the chancellor to the king. and the act stile them peers of the land in parliment . there be divers presidents also of the tryal of bishops by their peers in parliament , as well for capital offences as misdemenors , whereof they have been accused in parliament . as the archbishop of canterbury , e. . n. , , . et ibid. postea , & . et ibid. e. . . and the bishop of norwich . . r. . for misdemeanors : so were the bishops of york and chichester , tryed for treason by their peers in parliament , upon the appeal of the lords appellants , r. . anno r. . the commons accused the archbishop of canterbury of treason , and the temporal lords judged him a traytor , and banished him : but if the bishop be accused out of parliament , he is to be tryed by an ordinary jury of free-holders ; for his honour is not inheritable , as is the temporal peers out of parliament , save that only of their tryal . as no day of grace to be granted against them in any suit. a knight to be returned upon the pannel where a bishop is party , and no process in a civil action to be awarded against his body , and the like . and by this it appeareth what persons are de jure , tryable by the lords in parliament , viz. their peers only . touching the nature of the offence . herein the complaint and accusation as well of the party delinquent as offence is to be considered . for upon the information of the king at his commandment , or upon complaint of private persons , the lords may not by the law try any but their peers for capital offences . and the lords have ever referred offences of other nature complained of by private persons to the common-law , if there be remedy , unless some special cause appear fit for their own judgment . but upon complaints and accusations of the commons , the lords may proceed in judgment against the delinquent of what degree soever , and what nature soever the offence be . for where the commons complain , the lords do not assume to themselves tryal at common-law . neither do the lords at the tryal of a common impeachment by the commons , decedere de jure suo : for the commons are then in stead of a jury , and the parties answer , and examination of witnesses , are to be in their presence , or they to have copies thereof : and the judgment is not to be given but upon their demand , which is in stead of a verdict , so the lords do only judg not try the delinquent . in the lords proceedings in judicature is observed also a certain form , which varieth according to the nature of the complaint , and the matter complained of ; so that no general rules can be given therein , though many judgments have been reversed for errors , whereof there be many precedents . and the execution upon life and death , hath been stayed at the request of the commons , the proceedings being illegal , whereof i have seen only one precedent , touching the duke of clarence , tempore e. . wherefore for our better understanding of the form of judicature , let us first consider the several causes wherein judicature belongs to the parliament , and then the ancient way of proceedings in each cause . chap. ii. in what cases judicature belongs to the parliament . judicature belongs to the parliament in these six cases . . in judgments against delinquents as well for capital crimes as misdemeanors , wherein is to be considered , . the accusation . . the parties answer . . the replication . . the proof by examination of witnesses , or otherwise . . the judgment . . the execution . . in the reversing erronious judgments in parliament are to be considered , . the petition . . the bringing in the record . . the assignment of errors . . the reversal thereof . . in the reversing of erronious judgments given in the kings bench are to be considered . the petition . . the writ of error . . the bringing in the record . . the assignment of errors . . the writ of scire facias . . the defendants answer . . the reversal of the judgment . . in deciding of suits long depending either for difficulty or delay , wherein is to be considered . the petition . . the advice with the judges . . the determination of the lords . . in hearing complaints of particular persons on petitions , wherein is to be considered , . the petition . . the defendants answer . . the proof . . the orders of the lords . . in setting at liberty any of their own members or servants imprisoned , and in staying the proceedings at the common-law during the priviledge of parliament , wherein consider , . the quality of the person imprisoned . . the parties answer at whose suit he is imprisoned . . the manner of his charge . in certifying the elections and returns of knights and citizens for the parliament . but now the commons alone determine of this : wherefore i will only shew that the commons did heretofore petition to the lords for redress herein , and what course was then taken . i leave it to the clerk of that house to shew how the commons proceed herein at this day . of the rest in order ; and first , of judgments on delinquents . § . in judgment against delinquents , is first to be considered , the accusation . for as in the kings bench the justices proceed not to the arraignment of any offender without an indictment , so the lords have not proceeded to judgment , unless the crimes have first been presented to them by way of accusation : if otherwise their judgments have been reputed erronious , as that against the spencers was in e. . rot. . claus . lit . penden . for the same persons cannot be both accusers and judges . i have observed four manner of accusations in parliament . . first by the commons , either by their complaints , or their impeachments . . secondly by information . ex. parte . dom. regis . . thirdly by complaint of private persons . . fourthly by appeal of some of the lords in parliament , which was abolished , p. stat. . h. . c. . the accusation of the commons . the manner of accusation ought to be by the commons alone , and not by the lords and them together , for so , earls , prelates , barons , and other peers of the land , and commons of the realm , did accuse hugh de le spencer , e. . and one of the errors assigned for the reversal was , that the lords had no record before them of the causes contained in their award , vis . rot. claus . e. . in the parliament at york . the reasons may be , because the lords joyning in the accusation with the commons , have declared their opinion of the fact , and there needs no further tryal thereof . wherefore the lords who are only judges may neither accuse any to themselves , nor joyn in the accusations with others . the complaint of the commons is either by petition or demand in general , or by impeachment in particular which is their declaration against the party accused . precedents of their complaints by petition are . anno e. . n. . the commons complain of extortion used by certain merchants , who were farmers of the kings customs of wools , not naming the parties , for which they pray remedy and that the said merchants may be put to their answer in this parliament for such outrage and distress done to the people . which petition is thus answered . let the merchants be called into the parliament , et oient lour respons , in codem parl. n. . the commons in another petition complain : that whereas diverse aids have been granted to the king for his wars , certain merchants by confederacy between them , and in manner of usury have bargained for the same , to the kings great loss , and the grievance of the commons , &c. his people pray these particulars may be examined , in presence of some by the said commons deputed by good wise and loyal men during the parliament . the king shall assign some of the sages of his council to hear , and determine the things contained in this article . and if any of the commons can inform the king , for his profit of any of the points herein contained , let him put it in certain , and he shall be heard , to the end that right and reason may be done . and the justices which shall be assigned to enquire of false mony , shall have power to enquire of the excess of such ministers . though these complaints were general , yet they pointed so directly to the parties accused , that john de worsenham , and walter de chairton , did exhibit their petitions also in their own defence , desiring to come to their answers . what further proceedings were herein is not recorded ; the commons were directed to impeach the parties whom they accused . if any of the commons can inform , &c. let him inform in certain , and he shall be heard , &c. so that although the commons accusation by complaint be general , yet if the complaint be received , and the parties brought to answer , the commons may then impeach the said parties , viz. declare against them in special ; and then the suit is theirs , prout . anno e. . against lyons , ellis , the lord latimer , the lord nevile , peecher and others . but if the commons do only accuse by any way of complaint whatsoever , and do not declare in special against the party accused , then the suit is the kings , and the party is to be arraigned , or otherwise proceeded against by commandment , ex parte dom. regis , prout gomeniz weston , and alice peirce . r. . anno h. . the commons pray the lords apellants in the r. . may be put to their answer , and so they were placit . coron . of that parl. n. . . . &c. anno h. . the commons pray that the duke of somerset , the dutchess of suffolk , the bishop of london , and many others may be abandoned from the kings presence during their lives , and not come within twelve miles of the court , for that the people spoke evil of them . the king of his own meer motion is contented that all shall depart , unless they be lords , and a few of them whom he may not spare from his presence , and so to continue one year , to see if any man can misprove them . n. . inter petitiones communium . for this was no accusation , for the commons did not require they might be banished the court. anno h. . the commons among their petitions accuse the lord stanley of sundry particulars , as to be of confederacy with the duke of york , and pray he may be committed to prison . the king will be advised . primo . jac. maii. the commons by message accuse the bishop of london , for words spoken of them in the upper house . of the other kind of complaint by way of demand , i have seen these two precedents only . anno r. . the subsidy to be treated upon between the lords and commons , as the manner then was ; the commons delivered to the lords a schedule of their demands to be dispatched before treaty should proceed . amongst which one was , that all such who without cause have lost or given up any castle , town , or fortress , to the dishonour of the king , and damage of the people , may be put to their answer before the lords and commons in this present parliament . the complaint herein is general , they accuse such as had delivered up castles , &c. if it be an accusation : but they name not the parties , yet two delinquents hereupon who were imprisoned in the tower , for delivery of castels , &c. were put to their answer , viz. gomeniz and weston , anno r. . the commons grant a subsidy , according to the tenor of a schedule indented delivered in parliament , requiring it may be enrolled in the parliament roll verbatim ; in which schedule is this protestation , that it is not their meaning to grant the said subsidy , without the conditions ensuing . inprimis , that the clergy make the like grant. item , that the bishop of norwich , and others , be compelled to answer such sums , as they have received for service by them undertaken , and not performed , &c. numb . . here the commons name one of the parties , against whom they complain , but they impeach him not ; and yet he , and divers others , were censured on that general demand . of the impeachments of the commons , there be these precedents : anno . e. . the commons having granted the subsidy , they protested their good will , and firm purpose , to aid the king ; and said , that it seemed to them for truth , that if the king had always about him loyal subjects , good councellors , and faithful officers , he had been rich in treasure , and needed not have charged his commons with subsidies , &c. then they desired that three things might be enquired of . . first , the withdrawing the staple from callis , by the council and procurement of some privy councellors about the king. . secondly , of loans to the king by way of usury , receiving again greater sums than they disbursed , wherein some privy councellors have been partners . . thirdly , of buying the king's debts by way of bargain , some for the th peny , some for the th , or th peny , and procuring the king to pay the entire debt ; to the king's loss , and profit of some privy councellors , and others of their covyn : of which three articles , and their dependencies , the commons said , they would make farther declaration in special , whensoever it shall please the king to hear them , numb . , . then follows their particular impeachments and accusations . first , richard lyons , merchant of london , is impeached and accused by the commons of many deceits , extortions , and many other ill deeds by him done to our lord the king , and his people , as well during the time he was retaining to the king's house , and to the king's council , as otherwise , whilst he was farmer of the subsidy and customs of the king. and in special of this , that the said richard , by covyn made between him , and some of the privy-council of our lord the king , for their private profit and advantage , hath procured many patents , and writs of license , to transport great quantities of wools , and wool-fells , and other merchandize beyond the seas , to other places than the staple at callis , contrary to the ordinances , &c. and so they declare of many other villanies in great deceipt of the king , and of his court. whereunto the said richard being then present in parliament , said , &c. then follows his answer in particular to what was particularly alledged against him , and in general to what was generally charged upon him . the lords reassured him for that which was particularly objected against him , and granted commissions to enquire of the extortions wherewith he was charged in general . then the commissioners in like manner accused and impeached william lord latimer of divers extortions , grievances , deceits , and ill deeds , viz. of divers oppressions , when he served the king in britain , for being partner with richard lyons , &c. and for loss of towns and forts beyond the seas . numb . . item , william ellis of great tarmouth was impeached in this present parliament in divers manners . first , by surmise of the commons , &c. numb . . and afterwards john botheil , and william cooper , exhibited their two bills in form which followeth : to their thrice redoubted lord the king , and to the said council shewn , &c. complaining of the oppressions of the said william ellis , unto them , and others , &c. and their oath was taken against him . numb . . item , john peecher of london , merchant , was accused and impeached by the said commons , that he , by the assent and aid of richard lyons , and of other privy councellors , for their private profit and advantage , have purchased a patent under the great seal of our lord the king , containing that none shall sell sweet wines within the francheses of the city of london , but only the said john. numb . . item , john nevill was likewise impeached , &c. for buying the king's debts , &c. and for loss of towns beyond the seas . here i observe , that though the commons complained , e. . but of three grievances , viz. of the withdrawing the staple from callis ; of loans to the king upon excessive usury ; and of buying the king's debts ; yet when they who were accused appeared , they declared against them for other matters also : as against lyons , for new impositions upon wools , without assent in parliament ; and against the lord latimer , for his misgovernment beyond the seas , and loss of forts there ; and against peecher , for a monopoly of sweet wines , &c. i observe also , that their declaration is not made according to the strict forms of law , as you may perceive by that against lyons , wherein so many extortions are so generally set down against him , that he made no answer to them , neither could , &c. which impeachment the lords notwithstanding did not reject , but supplied the defects thereof , by granting commissions to enquire thereof . ibid. numb . . in fine . item , in this parliament of e. . an ordinance was made against women's pursuing businesses in the king's court , and especially against alice peirce , numb . . i find no accusation against alice peirce ; i only conjecture that the commons complained of her , though it be not entred , for she is in the number of them whom in the next parliament of e. . numb . . the speaker of the commons names to be unjustly convicted in this parliament : and none were there convicted , but those whom the commons complained of . item , adam de bury , citizen of london , was impeached by the clamor of the commons in this parliament of many deceits , and other ill things done to the king , and to his people , whilest he was mayor of callis , and captain of bullingam , and other ways , as more at large appears in one great bill , delivered in parliament the last day of this parliament at eltham . and thereupon the said adam was sent for to come to answer in parliament , and he came not , neither could be found . wherefore it was awarded , that all his goods and chattels should be put in arrest ; and so it was done by writs sent to the sheriffs of london and kent : and the said bill is on file with the special petitions of parliament , e. . numb . . out of this last precedent , concerning adam de bury , i observe two things : . first , whom they complained of : the lords sent for him only to appear before them ; they sent not to apprehend him as a delinquent , until he contemn'd their demand , whereof more hereafter in the title of the parties answer . . secondly , that the commons delivered not their impeachment ( that is , their declaration ) against the party accused , until he appeared before the lords , and then they kept it untill the last day of the parliament , in hope that he would be brought before the lords ; and when they saw he could not be found , they then delivered their impeachment against him , to the end ( as i concieve ) the particulars of their accusation might remain upon record against them hereafter . here i also observe an error of the clerk , that he hath omitted the proceedings against alice peirce , john de leycester , and walter spooner , who were all convicted in this parliament , as appeareth by the speaker's motion to the king for their pardons in the next parliament . e. . numb . . thus much touching the commons accusations and impeachments . the next precedent is in r. . in which parliament the whole commons with one assent assembled , came before the king , prelates , and lords , in the parliament chamber , complaining grievously of michael de la poole , earl of suffolk , chancellor of england , there present , accusing him openly by word of mouth : . first , that whereas he being chancellor , was bound by oath to further the king's profit and commodity in all things : he notwithstanding contrary to the said oath , and not regarding the king 's great necessity , had purchased of the king lands and tenements to a great value , procuring the same , by reason of his office , to be surveyed at an under value . . item , whereas at the last parliament , nine lords were appointed to see and examin the state of the king and realm ; which being done , and their advice delivered to the king , as well by word as writing , by what means the same might best be remedied : the chancellor promised in open parliament , that the same should be put in execution , which was not done , through his default , he being a principal officer . . item , whereas the subsidy , granted the last parliament , was appointed by the assent of the king and lords , in what sort it should be expended , and not other ways employed ; in this was his default , he being principal officer . . item , whereas john tidman had a certain annuity from e. . which he had since forfeited , and the payment thereof was discontinued for the space of or years : the said chancellor knowing this , purchased his interest , and procured the king to confirm the same unto him , &c. . item , that whereas the great master of st. antony being a schismatic , had thereby forfeited to the king all his revenue within this realm , the same chancellor had taken the same to farm of the king for marks . and whereas the master should have livery thereof again , he could in no wise get the same , until he had bound himself to pay l. yearly to the chancellor and his son. . item , that during the time of his chancellorship , there had passed divers charters of pardon , as well for murders , treasons , and felonies , as also for rasing of rolls , and imbezelling of laws and records ; and especially since the beginning of this parliament , a charter of franchises was granted to the castle of dover , to the disinheritance of the crown , and to the subversion of all the places and courts of the king , and his laws . . item , that at the last parliament divers sums were allotted for the defence of the town of gant , notwithstanding the same money was lost , &c. by his default , &c. of all which articles , the commons demand judgment of the parliament , &c. i have been long upon this , considering all the precedents follow at large . these are the most formally set down of all the accusations hitherto of the commons , yet most of these are very general and uncertain : howbeit the chancellor took no exceptions to the insufficiency thereof , but answered to every particular . the next accusation of the commons is r. . in the . of the king , they accused divers of those whom the lords had first appealed ; whereof , when we speak of all appeals . anno r. . the commons accused and impeached of treason the archbishop of canterbury , numb . . and demanded judgment against him , and had it . numb . . eodem parl. the commons accused and impeached of treason tho. mortymer , and john de cobham , a baron of parliament , and had judgment against them both . anno h. . william de la pool , earl marshal , and duke of suffolk , was accused and impeached by the commons in manner following , viz. the duke being the great favorite of the king and queen , the common people laid all the fault of the evil government on him , and made ballads thereof , ( which i have seen ) taxing his loyalty to the king. the parliament of h. . begun the th of november , and held to the th of december , and was then prorogued to the th of january . the duke of suffolk , whether provoked by the ballads then made on him , or by some speech in the house of commons , whereof nothing is recorded , did require of the king that he might be specially accused , and be heard to answer , for that many reported him to be an untrue man ; and he made a solemn protestation of his loyalty , wherein he sheweth , that his father , and three of his brethren , died in the service of the king , and of his father and grandfather . that he himself had served years in the wars , being then but a knight . that he had been taken prisoner , and paid marks for his ransom . that he had been years of the order of the garter ; chancellor to the king years ; and had been years in the king's wars , without returning home . and he prayed god so to pardon him , as he had been true to the king ; and required his purgation . numb . , . whether this was sent to the commons , or what notice they had of it , appears not ; but on the th of january , the commons required the duke might be committed to ward for his own confession , for that , as i concieve , he himself confessed , that the general fame went of him : and the lords , on consultation of the justices , thought the same to be no good cause of commitment , unless some special matters were objected against him . numb . . on the th of january , the speaker declared to the lords , how the duke of suffolk , as it was said , had sold this realm to the french , who prepared to come hither . and that the said duke , for his own defence , had furnished wallingford castle with all warlike munition . and then on request , the duke was committed to the tower. on the th of february , the chancellor , and some other lords , were sent by the king to the commons , ( a thing not usual ) but wherefore they were sent is not expressed , happily to be informed what they could say against the duke , or to reconcile the business . but the commons delivered to this chancellor , and those other lords , a bill of articles against the duke , wherein they accused him of divers treasons , viz. for intending to marry his son to the heir of the duke of somerset , and thereby for want of issue of the king , to claim the crown . for practising with the french , &c. numb . , . and they require prosecution against him . numb . . march . the commons delivered another bill of less offences against him , numb . , , , &c. requiring those articles also to be inrolled , and the duke put to his answer . these before recited are all the ancient precedents i find recorded ; the following are of later times . anno jac. the commons accused and impeached by word of mouth sir giles mompesson , and sir fr. michell , knights ; for many oppressions done to the people : they impeached them to the lords at a conference , and afterwards delivered their declaration against them . first , concerning a patent for inns and osteries . secondly , a monopoly for gold and silver thread . thirdly , concerning a patent of concealments . eodem parl. they accused francis lord viscount st. alban ( at a conference ) of bribery , and corruption , in his office of chancellor . they delivered no writing , but a committee of the lords having considered the proofs , and drawn up the particulars in form of a charge , they were sent to the lord chancellor , and his answer required to each particular . in the same manner in the same parliament , they accused john bennet , judge of the prerogative court , of bribery and corruption in his office. in the same manner they accused and impeached lyonel earl of middlesex , and lord treasurer of england , of bribery and extortion , and impositions on french wines and grocery , which being reported to the house , a committee was appointed to consider of the commons complaint , and also of a committee , who had reported to the house a great want of powder in the stores , through the lord treasurer's negligence . a committee appointed to consider thereof , did , after many examinations taken , draw up out of the whole complaint of the commons , a charge against him ; as also out of the report of the committee for munition touching the want of powder ; and of a complaint made to the house by sir thomas dallison , and of some misdemeanors whereof they are informed in the great wardrobe , and court of wards : which charge the house sent unto the treasurer , and required his answer . jac. in eodem parl. jac. the commons at a conference , accused and impeached by word of mouth the bishop of norwich of some misdemeanors , which being reported to the house , the said bishop made a present answer thereunto , as it was . in the parliament car. . febr. . the commons at a conference accused and impeached george duke of buckingham , of many misdemeanors , and delivered their declaration in writing , that the said duke might be put to his answer . § . the second manner of accusation is ex parte domini regis , which is threefold . the two first are immediately from the king , and the third from the commandment of the lords , by a formal information exhibited in parliament by the king's attorney , or council learned , as was that of e. . against roger mortimer earl of march , and divers others ; and r. . against sir ralph ferrers , k t ; and car. . against the earl of bristol . by the king's commandment , either upon the petition of the delinquent , and upon the return and view of any the proceedings taken elsewhere , as against the earl of northumberland , and lord bardolph , upon former proceedings against them in the court of chancery . and h. . upon request of the commons against sir john mortimer , knight , indicted in london . in these cases no articles are exhibited ex parte domini regis , as in the former . by articles exhibited ex parte domini regis , ex parte dominorum against such as the complaint is made upon in general by the commons , prout r. . against gomeniz , weston , and alice peirce ; r. . against the bishop of norwich , and divers others . which articles , though drawn and exhibited per mandatum dominorum , yet were the parties charged therewith ex parte domini regis . of accusation by information ex parte domini regis . in rot. claus . e. . there is a proclamation of the death of edmond earl of kent , where it is said , certain letters of his containing treason , were shewed to the king ; wherefore he was arrested , and freely acknowledged the same before the earls , barons , and other grandees and nobles of the realm , in the parliament at winchester , e. . here appears plainly , that articles of treason are exhibited in parliament against the earl of kent . in the next parliament in the same year , edmond , son and heir of the said edmond , exhibited his petition , praying the king , that the record and process whereupon the said earl was put to death , might be brought before him in parliament , and if errors be found , that right be done . numb . . the which being read before the king , prelates , earls , barons , and other grandees in the said parliament , the king by his royal power and dignity by assent in parlialiament , repealed the said judgment . numb . . note , that in this repeal no error was alledged , nor any exceptions taken for this , that the lords proceeded upon the articles only , which were objected against him the said earl. this is out of the close roll. the first precedents recorded in our parliament rolls of accusations in this kind , are these of e. . in the parliament at westminster , which are added at large amongst divers others , at the end of this discourse , the effect whereof doth follow , viz. these are the treasons , felonies , and ill deeds done to our lord the king , and to his people , by roger de mortimer , and others of his covin , reciting them all , and concludeth thus : whereas our lord the king doth charge you the earls , barons , and other peers of this realm , that for as much as these things touch him principally , and you , and all the people of this realm , that you do unto the said roger right and lawful judgment , as is fit for such an one to have who is very guilty of all the crimes above written , for that he believed the said things are notorious , and known for truth unto you , and to all the people of the realm , numb . . the followeth the judgment against him . item , in the said manner our lord the king charged the said earls , barons , and peeres , to give right and lawful judgment on simon de bereford knight , who was ayding and counselling unto the said roger de mortimer in all treasons and ill deeds , for which the said roger was so awarded , and done to death , as the thing that is known , and notorious to the said peers , as the king believeth . then followeth the judgment against him also . then followeth the judgment against john matrevers , thomas de gurney , and william de ogle , numb . . but no particular accusations are recorded against any of them , unless they were comprised in those general words of that against mortimer , viz. and other of his coyn. for some of the same crimes are mentioned in the judgments , yet no doubt but the kings attourny did exhibit articles against every of them , upon which the lords proceeded to judgment . here i do ingenuously confess my own error , when i said that this judgment against roger de mortimer was afterwards reversed ; for that he was put to death without any accusation , which i conceived to be so upon first view of the repeal thereof . anno . e. . numb . . where the petitioners roger de mortimer , the grandchild assigneth for that the said earl was put to death , and he disinhereted : sans accusament , et sans estre masone in judgment ou en respons . by which words ( sans accusament ) i gave you to understand that the articles were no accusation , whereas now upon better consideration i do find that these words do intend no accusation by witnesses or otherwise to prove the said articles objected against him . for these articles are a legal accusation in parliment , and frequently used , as appears by many precedents of the like nature . but there was no other proof offered by the lords to prove the same , then that the king believeth them , and that they are notorious and known for truth unto the lords , and all the people of the realm . and the lords also having examined these articles , said all these things contained therein are notorious and known . they speak not a word of any one witness examined , or any other proof then the common fame : for this cause and for that the said earl was not brought to judgment nor to answer , but condemned unseen and unheard upon common fame only without any legal proof , the whole parliament did very justly repeal the said judgment and record , declaring it to be erronious and defective in all points . and the lords were willing to damn the whole record in all points , least haply it might be alledged against themselves another time for precedent . anno . e. . the lords and commons joyned in the accusations against the spencers , and for that the lords had no record in their own pursuit upon the cause contained in their award , and they ought not to be their own judges , &c. having been accusors no exceptions were taken to the articles but other errors assigned , quod vide where it is said to be sans accusament , so that they repealed it not for that there was no accusation but for that he was not brought to his answer . again , that those words sans accusament should simply signify no accusation , is only the averment of the petition . the judgment doth not say , that there was no accusation , but that it was erronious in all points . and so it was , no proof being produced but common fame to prove the answer . and this first error bred a second . i do not well understand the meaning of these words ( sans accusament . ) that a peer ought to be indicted for capital offences in parliament . but having perused all the judgments i do not find any one peer indicted in parliament . in . r. . numb . . all the lords spiritual and temporal claimed as their liberty and franchise , that the great matters moved in this parliament , and to be moved in other parliaments in time to come touching the peers of the land , ought to be admeasured adjudged and discussed by the course of the parliament , and not by the civil-law , nor by the law of the land , used in the more base courts of the realm , which the king granted in full parliament , eodem anno rot. appeal . this is said to be their ancient custom , viz. to be adjudged according to the use of the parliament only . then no peer can be indicted in parliament , for that it is contrary to the use of parliament . let this suffice for the confession and rectifying mine own former error herein . but a lord of parliament may be indicted out of parliament , and by the kings command proceeded against in the next parliament , upon the same indictment as in these subsequent . in the same parliament , the lord berkley was arraigned , for the death of ed. . and whether out of his humility or otherwise , he waved his peerage , and put himself on the tryal of his country . the articles against him though not expressed , but by the inference out of his arraignment are for the murder of king ed. . at berkley castle in the county of gloucester , unto which he answered , that he was then sick at bradley in worcestershire , and pleaded not guilty of the death of the said king , et de hoc de bono & malo ponit se super patriam : the precedent shall hereafter be added at large . it begins thus . placita coronae tenta coram dom. rege , ed. . post conquestum angliae in pleno parliamento suo predicto . et allocutus de hoc quod cum dominus , edwardus nuper rex angliae pater dom. regis nunc , in custodiam thomae & cujusdam johannis matrevers extitit deliberatus , ad salvo custodiendum castro ipsius thomae de berkley in com. gloucester , & in eodem castro in custodia ipsorum murderatus extitit , & interfectus , qualiter se velit de morte ipsius regis acquietare : dicit , &c. numb . . then follows his answer . here the cause why the lord berkley was tryed is mentioned , but the articles objected against him , and by whom he was accused , who questioned him , whether the chancellor or steward of england , or who else ; all these circumstances are omitted . it appears not i say in what manner this crime of the lord berkley was presented to the lords , whether by the former general information against mortimer , & autres de la covyn , or by some such particular information against him alone , which i rather believe . some such information there must be of necessity , else how could he be question'd for his crime in parliament ? but here it appeareth that the lords brought him to his answer , which they omitted to mortimer , and in that point their proceedings against mortimer were erronious . and had his manner of accusation been erronious also , no doubt but the lords would have avoyded that error now against berkley . the manner how berkley was arraigned here , in pleno parliamento , is explained in the precedent of , r. . gomeniz and weston , who were brought prisoners by the constable of the tower , before the lords in full parliament sitting in the white chamber , where they were arraigned at the commandment of the said lords in full parliament , by sir richard le scroop knight , steward of the kings house . the words full parliament signify the lords and commons . for that record saith , the commons prayed that all such that have surrendred any forts , &c. might be put to their answer before the lords and commons , &c. whereupon they were brought to their answers in full parliament for that offence . so here i conceive the lord berkley being accused by the king , for the murder of king e. . was brought before the lords and commons : for the commons are to be present at such arraignment as shall be shewn hereafter , and the clerk of the crown having read the accusation against him , allocutus fuit : that is the lord steward of england recited the fact , whereof he was accused and demanded of him how he could acquit himself . this i conceive to be the manner thereof , vide the appeals r. . for the form thereof . i marvel the lords permitted the lord berkley to wave his peerage , and put himself super patriam . anno r. . sir ra. ferrers knight , was brought into parliament under the guard of the marshal of england , and there arraigned on the kings behalf , for suspition of treason , &c. numb . . in the process against him is recorded that for suspition of treason surmised against him , he was arrested in the marches of scotland , by monsieur de lancaster , and other lords temporal there being in the said marches , and that he was brought under the said arrest by commandment of the lords to answer in this parliament , to that which shall be surmised against him , in special concerning certain letters , which were found and sent to the king and his councel . the letters were also recorded , and read in parliament , numb . . , , . but the information exhibited against him , whereupon he was arraigned is not recorded . it is only said , he was arraigned , ex parte domini regis . §. . here might be two questions . first , whether was this sir ra. ferrers legally brought to his answer in parliament by the commandment of the duke of lancaster , and those other lords who were then with him in the marches of scotland . secondly , whether he being no baron or lord of parliament ( for he never had summons ) might be legally arraigned in parliament for life and death , upon an information , ex parte dom. regis , which is contrary to the law , as was resolved in parliament , e. . numb . . and . for resolutions of these doubts , i am of opinion that the duke of lancaster might send sir ra. ferrers to the parliament , because it was then sitting , and might examine the treason whereof he was suspected , though they could not proceed to judgment against him , without the commons , he being a commoner , and not their peer : and it fell out in the examination of this business , they found the letters to be counterfeited , and so he was acquitted thereof : and so far their proceeding was not illegal . for the parliament may entertain and examine any cause , and then direct the judgment thereof to its own proper court if it belong not unto them as , they did in , r. . numb . . & . here sir william cogan knight , being accused by sir richard clurdon of matter sounding to treason . after the lords had heard the cause , they remitted both the parties to the common-law . and in this case of sir ra. ferrers ( if they had found he had been guilty ) they might have proceeded to judgment against him according to the precedent of sir tho. mortimer in h. . who was indicted in london , and the indictment returned into the chancery , and thence brought into the parliament , where the commons affirmed the same , and prayed judgment against him . anno h. . the lords temporal gave judgment on one tho. holland earl of kent , john holland late earl of huntington , john mountague late earl of salisbury , the late lord de spencer , and ralph lumley who were beheaded in a war they had trayterously raised against the king. this judgment is entred but not the information , ex parte dom. regis , which is necessary to be understood , for had it been omitted , his son thomas would without doubt have assigned that for one of the errors in his petition to reverse the said judgment , h. . apud leicester , which he did not , though he assigned for an error , that his father was put to death without an accusation . in the parliament begun at westminster feb. . car. . and continued until june . anno . ejusdem regis , john earl of bristol was charged with high treason in this manner , viz. primo die maii. the said earl of bristol being brought to the bar , and kneeling till the lord keeper wished him to stand up ; the lord keeper told him , he was sent for to hear his charge of high treason , and mr. attorney general being at the clerks table , began to open his charge , but being interrupted by the said earl , who with much importunity exhibited articles against the duke of buckingham then present , which as he said he conceived to be treason , and required of the lords that his testimony against the duke , and the lord conway , against whom he then also delivered articles , might not be made invalid no more then the charge against himself , which he affirmes was procured by the said duke : yet notwithstanding the head of the kings charge were opened against him by mr. attorney , and then the said articles against the said duke , and against the lord conway were read . and it was ordered by the lords of the parliament that the kings charge against the said earl , should be first heard , and afterwards the earls charge against the duke , &c. but yet so , as the earls testimony against the said duke be not prevented , prejudiced , hindred or impeached . secundo die maii. the house was moved that the earl of buckingham , might be indicted according to the , stat. of h. . the treasons committed being beyond the seas as was objected , and that being certified to both houses , they to proceed against him by tryal of peers . but their lordships did not resolve on the manner of proceeding . then the houses were moved that mr. attorney might provide an indictment , against the said earl to be returned to the house on saturday next , maii . and if he doubt of the form , to confer thereof with the judges . and if any great difficulty , appear to resort to their lordships and acquaint them with it . and it was ordered that mr. attorney proceed with the preparation , but the houses not to be concluded at their next meeting on thursday . and the sub-committee for priviledges , &c. to search for precedents in the mean time . die jovis maii . the sub-committee for priviledges reported one onely president , viz. the tryal of the earl of northumberland , h. . which the clark read unto them out of the parliament roll of that year . whereupon after long debate , it was ordered first that mr. attorney prepare the heads of the charge , against the earl of bristol , and to bring them in on saturday next . secondly , the earl then to receive his charge at the bar. thirdly , that when the earl hath heard his charge , the lords will determine when he shall answer , but he is not to be inhibited if he will answer presently . fourthly , the cause of the earl of bristol is to be retained wholly in this house . after the earls charge is brought in and his answer , then their lordships to proceed to hear mr. attornies proofs amongst themselves , and then to put the cause into a way of proceeding in this house . die sabati maii . the lord keeper shewed how mr. atturney desired that in regard the house , hath already heard the nature of the crimes objected against the said earl of bristol . that the clark of the crown in the kings bench , may attend the reading of the charge here according to a precedent of former times , which was denyed in regard the clark of the crown in the kings bench , is no minister of this court , and also for that it was ordered may . that this cause was wholly to be retained within this house . the said order being read , the earl was brought to the bar , and the lord keeper commanded mr. attorney to read the charge against him , who read the same out of a parchment ingrossed in court-hand , and signed by himself , ro. heath . it containeth diverse articles of high treason , and other great enormities , crimes , offences , and contempts committed by the said earl , &c. prout postea . thus much touching the charge against the said earl by information in the kings behalf . a question was demanded of me and others in private , the last parliament : thar seeing by order of the lords house may . the earl of bristols cause should be wholly retained in this house , how that might now be done in respect of the stat. of h. . by which it was enacted , that all treasons committed beyond the seas , as this earls were , shall be tryed in the kings bench , or before commissioners assigned by the king ; and an order of the upper house cannot avoid the statute . some were of opinion , that the earl was first to be indicted before commissioners , appointed by the king , and that indictment being returned into the parliament to be tryed thereon by his peers , and vouched that precedent of h. . of sir john mortimers indictment returned into the parliament . but then the cause cannot be wholly retained in the parliament , neither can it be inferred out of the precedent of sir john mortimer , that the parliament can try any of treason unless he be indicted elsewhere . for then the parliament should not have so much power , as hath the kings bench and other inferiour courts , wherein capital offences may be both enquired of and determined . neither can sir john mortimers . indictment thus returned be a leading case , for tryal of peers in parliament for he was but a commoner , and therefore not to have been judged by the lords , unless they had first accused him , and the commons did so by informing the indictment to be true , before the lords gave judgment upon him . but their can be no precedent shewn , that a peer of parliament hath been tryed in parliament on an indictment taken elsewhere . to resolve this question two things are considerable . first , the statute of h. . whether the meaning thereof were to limit the tryal of a peer in the time of the parliament ( for forreign treasons assigned ) taken in the kings bench , or before commissioners assigned by the king , and not elsewhere . but i conceive the statute hath no such meaning . the preamble saith , it was doubted whether such treasons might by the common-law of the land be enquired into , heard , and determined within this realm of england . for a plain remedy order , and declaration herein to be had and made , be it enacted , &c. so that if such treasons have not been heretofore enquirable by the common-law , then this statute provides a remedy and order for the same hereafter . but this statute doth not abridg the parliament of the power it had to enquire of , and determine such treasons in time of parliament . whereof there are diverse precedents , viz. r. . weston and gomeniz , e. . for william latimer , and john nevil , r. . for the bishop of norwich , & ibid. numb . . for cressingham and shipworth , & ibid. numb . . for sir william elsingham , sir thomas trevet , and sir henry de ferrers , all tryed in parliament for matters done beyond the seas . the second thing to be considered is , the order it self which i conceive to be of force notwithstanding the statute , of h. . for that it is neither directly contrary to the statute , nor repugnant to the common-law , otherwise the act of one house alone cannot alter a former statute made by consent of both houses . and this is to be remembred , that the proceeding against a peer in parliament is not necessary . but thus it was used to be , viz. the peer accused to be brought before the lords and commons , and then the lord steward to sit in the chancellors place , on the woolsack and the articles to be read against him by the clark of the crown , and upon his answer the lords do determine of their judgment , which is afterwards pronounced by the same lord steward . a question might be whether the commons have used to sit with their speaker at these tryals . if they have then the court of requests , or some such place may be provided for the purpose . and thus that whole cause might be retained in parliament notwithstanding the stat. of h. . thus much touching the accusation , ex parte dom. regis , exhibited in a formal accusation by the kings atturney . the duke of clarence was arraigned in parliament , e. . upon the like information , but the precedent is not in the parliament rolls : therefore i omit it . §. . the second kind of accusation on the kings behalf is , ex mandato dom. regis , upon the roll and view of any proceedings elsewhere against the delinquent , or upon his petition ; the precedents thereof are these . anno h. . the earl of northumberland was tryed in parliament , ex mandato dom. regis , upon his own petition . the accusation and manner was thus . the said earl had raised forces to have joyned with his son hotspur , in rebellion against the king : hotspur was slain in the battel of shrewsbury , july . h. . before the said earl could joyn with him . whereupon he dismissed his forces , and retired to worksworth castle . the king after the battel came to york , and sent for the said earl , and being come pardoned him for his life but abridged him of his liberty . the next parliament was summoned the of october to begin at coventry the . of december . and the earl had his writ of summons . this parliament was prorogued till the . of november by new writs ( as the manner then was ) returnable crastino hillarii then following . but the earl had no new summons thither . but thither he comes a petitioner . speed saith he was abridg'd of his liberty , but the record saith , he came before the king and lords . and not that he was a prisoner as gomeniz , and weston , r. . nor that he was caused to be brought as a delinquent , sent for as alice peirce , r. . but that he came before the king , lords , and commons of parliament . and then the chancellor told him that upon wednesday last past , he had been before the king and lords , and commons in the same parliament ; and besought the king as he had done before , at his coming before him at york . that the king would do him grace for his misprisions against him , in not keeping his laws and statutes , as by one petition delivered by him in parliament written in english , the tenor whereof followeth . to my most dreadful and soveraign leige lord. i your humble subject beseech your highness , to have in remembrance my coming into your gracious presence at york , of your free will by your goodly letters . the which petition per commandment du roy , was examined by the justices to have their counsel and advice therein . but the lords by protestation made claimed the judgment , to belong unto them only in such cases , &c. and so the lords tryed him , and acquited him of treason and felony , but found him guilty of a trespass only which the king pardoned . here no information was exhibited against the said earl , yet the kings counsel opened his offences to the lords , else how could they appear . anno h. . the king commanded the lords temporal in parliament , to advise what manner of process should be made against henry late earl of northumberland , and tho. bardolph late lord baron , for certain ill deeds which they had lately committed contrary to their allegiance . at their meeting the constable of england , shewed them the process made in the court of chivalry , against henry de peircy upon the articles of treason committed by him and others of his covyn . in which articles are named the arch-bishop of york : tho. newberry earl marshal , the said earl of northumberland , the said lord bardolph and many others , and their several treasons are therein contained . the lords having advised therein , and considered the proofs delivered their opinion to the king touching the said earl of northumberland , and the said lord bardolph only , and proceeded to judgment against them . then the king caused to be demanded of the lords temporal , peers of the realm what they would say touching the act of the said late arch-bishop of york , and of the said earl marshal , who lately with a great multitude of people were armed , and trained in the field within the realm of england with banners displayed , &c. unto which demand the said lords temporal said , that according to the information to them given by the said constable . it seemeth unto them to be treason : yet notwithstanding the lords desired that with good deliberation , when they next returned to the parliament they might speak thereof , unto our lord the king as no error might be found in their doings in time to come . this was done on that day the parliament was adjorned . here the lords had no other accusation against those two peers but the kings commandment , upon view of former process against them in the court of chivalry . and the lords declared their opinion touching the archbishop of york , and the earl marshal ( though their treasons were contained in the same process also ) least error might be found in their doings hereafter . but whether they thought their error to be , that the king had not commanded them first to advise thereon , touching the said archbishop , and the earl marshal as he had done touching the others . let the reader judge ; for my part i think that would have been error : could the lords proceed upon process elsewhere unless the king commands them ? h. . the judgment against john mortimer , is drawn up very briefly by john hales one of the justices of the kings bench , wherein he first shews that the said sir john mortimer was indicted in london sitting the parliament before the lord mayor of london , and other commissioners appointed by the king. for that the said sir john being committed to the tower , for suspition of treason , corrupted his keeper and broke prison : that the said indictment was returned into chancery , ex mandato dom. regis , and by the chancery brought into the parliament before the duke of gloucester the kings protector , and the lords temporal , the king being then an infant . and the protector being authorized by commission to hold the parliament , de precepto dom. regis . that the said sir john mortymer by vertue of the writs was brought before the said duke , and lords , and commons . that the said commons affirmed the said indictment to be true , and desired judgment against him , as convict of treason and felony . and lastly , that he was thereupon adjudged . in this is set down all the essential parts of the lords proceedings against mortymer . the ceremonious or formal parts thereof are omitted , as , who complained of or accused mortymer to the parliament . the king or the commons did not , for then there needed no indictment : and therefore it must move for the king either before the indictment , or rather upon the return thereof unto the house . for had the accusation been before the indictment , it had been a shorter way to arraign him also before the commissioners in london , ( he being no member nor peer of parliament ) then to return the indictment into the chancery , and then be brought into the parliament . here is also omitted the conference before hand , between the lords and commons touching this matter : for it is very unlikely that the lords did suddainly send for the commons , and then abruptly read the information before them , and they as suddainly affirm the same , all these are necessarily understood . that the commons affirmed the indictment , & e. it appears that the lords cannot of themselves judge a common person , for an offence for he is no peer according to that of , e. . numb . . the manner of accusation by information , ex parte dom. regis , is when the commons as any other private person accuse any man unto the lords in general , but do not declare the offences in particular , other then by the commandment of the king. articles are drawn up against the delinquent , ex parte dom. regis . the precedents are these . r. . the constable of the tower , was commanded to bring gomeniz and weston , ( whose offences were complained of in general by the commons that they named ) before the lords in parliament , to answer to the articles objected against them on the behalf of the king , and they were severally arrained ▪ at the commandment of the lords , &c. eodem anno , alice pierce being complained of by the commons was accused , and commanded to come before the lords in parliament , to answer to certain things objected against her on the kings behalf . and here upon sir richard le scroope , chief steward of the kings house by comandment of the lords , rehersed in parliment in the presence of the said alice , a certain ordinance , &c. made in the parliament of e. . against her . and this rehersal being made , the said steward surmised unto the said alice . that it seemed to the lords of the parliament that she had incurred the pain comprised in the said ordinance in certain points , and especially in two , that is to say , &c. by these two precedents it appears plain enough that the lords commanded the articles to be drawn , and exhibited though ex parte dom. regis , for all these are said to be done by their commandment , and the practise at this day is , that out of the complaints of the commons , as of mompesson , the lord chancellor , and the lord tresurer , and a committee of the lords did draw up the charges . but they wanted the words ex parte dom. regis . the reason why in this cause the articles are , ex parte dom. regis , seemed to be this : the commons complain but impeach not , notwithstanding the impeachment the lords cannot proceed neither can they impeach any to themselves : so it rests that the party is to be impeached at the kings suit. it may be lawful for me to examine the proceedings of the lords in the complaint against mompesson , and to compare them with ancient proceedings in like cases , and they will appear to differ much . and touching mompesson the commons did not only complain but accuse him : he fled , in his absence they ought to have proceeded to judgment against him , before proclamation first made for him to appear before the king , and then at a day , the ancient use in such cases was this . the lords considered of the complaint , and examined the proofs produced by the commons : then agreed on their judgment and caused proclamation to be made throughout england for the party to appear at a day , else judgment shall be pronounced against him , with which the commons are to be acqnainted before the proclamations are sent for . then the return of the proclamations to be reviewed and examined , and if any errors be therein , new proclamations are to be made in the next shire only for the party to appear at a short day : if they find no errors in the return , then judgment is to be pronounced and not before . thus it was in r. . in thomas mortymors case , &c. in h. . in the earl of northumberlands case . but there needed no articles to be drawn up , ex parte dom. regis , out of the impeachment of the commons for the suit is theirs and not the kings . touching the lord treasurer , first the commons did swerve from the ancient course in this , they delivered not their accusation in writing ( he being absent ; ) had it been in the open house , an impeachment by word of mouth had been sufficient , and the suit had been theirs : but it being at a committee , how could the lord treasurer take notice of their impeachment ? wherefore the lords of necessity did draw up a charge against him out of their accusation , and then it became the kings suit , and they were abridged of their power to reply , or demand judgment , prout in weston & gomeniz , case . r. . and alice peirce , ibid. neither was it now necessary for the commons to be acquainted with the delinquent's answer , or any of the proceedings , for that they neither demanded he might be put to his answer before the lords and them , nor impeached by word in open house , nor in writing , one of which is required in an impeachment . and the lords they varied in this , that they did mingle other complaints with these of the commons , when each should have been apart of it self , prout e. . sir joh. at lees case . neither did the lords anciently use to omit any part of the commons complaint and accusation , as they did the imposition on the french-wines : and the articles of the charge they sent to the lord treasurer ought to have been examined ex parte domini regis prout in the former precedents of r. . the next precedent is r. . upon the demand of the commons against the bishop of norwich and others . §. . of accusation by complaint of private persons . i do not remember any precedent of this manner of accusation for publick offences unless the parties complainant be particularly interessed therein ; yet i doubt not but such complaints have been , and may be received , and the parties proceeded against in parliament , or else that high court should not have so much authority to receive information pro domino rege from private persons , as the inferiour courts have : but what hath been done shall appear ; i will omit all complaints of particular wrongs , evcept it be of bribery , extortion or oppression , in men of authority . anno . e. . william latimer exhibited his petition in parliament unto our lord the king , and to his council , shewing that he had the wardship and marriage of the heir of robert latymer , by mean grant from the king , and held the same until monsieur john at lee , then steward of the king's house , sent a serjeant at arms to bring them to london , and commanded him , being come , not to depart without his leave , upon payment of l. and afterwards would not give him leave to depart until he had surrendred the body of the said heir , and the king's patent unto him the said monsieur john at lee ; and thereupon the said john was put to reason before the lords , &c. no. , . and also the said john was put to reason before them for this ; when he was steward of the king's house , he caused divers to be attached by their bodies , some by serjeants at arms , and some otherwise , as w. latymer and others to be brought before the king's council , &c. n. . and also for executing the authority of steward out of the verge , n. . and also for discharging out of newgate , by his own authority , and against the judges commandment , hugh levenham , an * approver , who had appealed several men of felonies , &c. n. . and also , that he being sworn by the king's councel , did bargain with nicholas levayn for the mannor of cainham in kent , which the faid nicholas claimed to hold during the minority of john staynton , whereas the said john at lee knew the same was never holden of the king in chief of the castle of dover , n. . these be the particulars wherewith the said john at lee was charged . it appeareth w. latymer accused him at the first , but not the rest ; and i imagine that the commons accused him of the second and other particulars , for that they are said somewhat generally , and are offences against the liberties of the commons ; and also for that divers of the commons were present at the hearing ; and for the fourth and fifth particulars , i conceive the king's councel accused him thereof , for that one is an offence against the legal proceedings of justice , which then was that of the approver , viz. he which accuseth any one of felony , &c. should remain in prison as well as the accused until trial. of later times the accuser puts in sureties to prosecute ; and the other offence is a partiticular wrong done unto the king in his revenues : and had any private person accused him of this , their petitions would have been recorded as well as latymer's : but the lords proceeded against him upon latimer's accusation , and then upon the rest severally , and they did not mingle one with another . anno e. . the commons accused and impeached w. ellis , n. . and afterwards john botheil and w. cooper exhibited their bills against him , to this effect ; to their thrice redoubted king , and to his sage councel , sheweth john botheil of london , that the monday next after the ascention , in the fortieth year of our lord the king , that now is , a ship of scotland in pruse , was chased by tempest into likebread ( whereof the master's name is henry luce ) charged with divers merchandizes , &c. and that the same day one william savage , clerk , and servant to william ellis , by command of the said william , took of the said ship for the merchandizes not discharged there , nobles and a last of , &c. and because that w. ellis knew that w. cooper was to come to the parliament , and shew these and other grievances in aid of the merchants , and also to shew how the great prices of herrings might be amended in aid of the whole realm , the said w. ellis , by false suggestion , caused the said w. cooper to be arrested and put in prison in the tower for three weeks . may it please you , &c. here i observe that the accusation of a private person ought to be legal and certain , as that was . this accusation consists of two parts ; the unjust taking of nobles , &c. from the merchant of pruse , and the imprisonment of the petitioner by false suggestion to the king. upon hearing of the matter , the lords ordered , that as for the complaint tovching the nobles , it should be sent to the kings-bench to be tried there ; but the lords themselves determined the imprisonment upon the false suggestion to the king , and awarded ellis to prison , to pay fine and ransom to the king , and dammages to the accusers . the lords received the latter part of this complaint for two causes ; the one , for the false suggestion to the king , limited by the statute of e. . to be punished by the chancellor , l. treasurer , and the councel if he be untrue ; all which were present in the parliament . the other , for a scruple which might arise out of the words of the statute , which provides for false suggestions only to the king himself . whereas ellis his false suggestion was by a letter written to one of the kings servants , which being shewed to the king , his majesty caused the petitioner to be imprisoned . and this the lords expounded to be in ellis a suggestion unto the king himself . and had this point been truly triable at the common law , the lords had referred it thither : this is but my own conceipt . anno r. . numb . . richard clevedon esquire , by his bill exhibited to the king in parliament , accuseth sir william cogan knight . anno r. . numb . . the mayor , bayliffs and commonalty of cambridge were accused , &c. the next of this kind is a very slanderous accusation of the chancellor , which i will briefly declare , and the whole proceedings therein , for that it differs in some points from the rest . the parliament of r. . at salisbury began the friday after the feast of st. mark the evangelist , april . on the th-of may next , john cavendish fishmonger , complained in this parliament : first , before the commons of england in that assembly , in presence of some prelates and temporal lords , and afterwards before all the prelates and temporal lords in full parliament . in the beginning of this complaint , he desired the lords ( for god's sake ) to grant sure and speedy protection for the safety of his life , and that he might have sufficient surety of the peace against those of whom he would complain ; and especially he demanded surety of monsieur michael de la poole , chancellor of england ; and accordingly the chancellor did ( at the commandment of the king ) find sureties , viz. two earls , &c. then the fishmonger rehearsed , how that all the last parliament which was held at westminster , at allhallontide in the same year , he did sue by his bill to have restitution of certain merchandizes of great value , ( from geo. mansfield and three others ) which was lost upon the seas by them at such time as they had undertaken the safeguard of the seas , and of the merchandizes passing and coming in the mean time , against all enemies except royal power . the which was endorsed , saith he , and committed to the chancery , to discuss and determine the matters therein comprized , according to law and reason . whereupon he dealt with one john otrey , a clerk , and houshold-servant to the said chancellor , for his master's favour and furtherance in the business . the clerk , after he had viewed a copy of the bill , and considered of the business , promised , that for forty pounds to his lord's use , and four pounds to his own use , he should have speed : that he gave his bond for l. to be paid at a day to come , and afterwards delivcred unto the said otrey certain herrings and sturgeon , to the value of or marks , to the use of the said chancellor in part , and three yards of scarlet , which cost him s. unto otrey , for his own use , in part of the said l. notwithstanding all which , he found no favour from the chancellor in his suit , but was delaied , and still is , and cannot have justice therefore . that the said otrey told him , that he could have had more money of his adversaries to have been against him ; which made him suspect the worst . but , said he , whether the chancellor shall be reputed privy to this , god knoweth ; judge you my lords ; for the chancellor hath paid him for his herrings and other fish , and sent him his bond cancelled ; but whether he did it out of conscience , or to avoid slander and reproach , he knew not ; judge you , my lords : but he was not paid for his three yards of scarlet . unto this the chancellor made his answer , not presently , but at another time ; for the record saith , he answered first before the prelates and lords , and afterwards before the lords and commons ; whereas the commons were present when the complaint was made , it being in pleno parliamento . and in the judges award , to whom this matter was afterwards referred , it is said to be coram magnatibus & communitat ' in parliamento . so that the answer was made some other way . first , he protested his innocency touching the delay of justice , and shewed how the delay was through the difficulty of the cause , and vouched the justices and the serjeants , who had often heard the pleadings . touching the bribery , he swore by the sacrament he had no knowledge thereof , until upon accompt with his officers , he found those fishes not paid for ; and then he presently caused them to be paid for , and the bond cancelled , and sent him . he denied that his clerk moved him in that business ; all which he offered to prove in such manner as the king and the lords should ordain , and demanded justice against the fishmonger for the slander . unto which the fishmonger presently answered , and said , he did not accuse the chancellor himself , but his clerk only . the lords examined the fishmonger and the clerk about the bond , and his adversaries on their allegiance , whether they had given any thing , or promised to give ? and finding tde chancellor free from bribery , the lords acquitted him of his accusation aforesaid ; then at the chancellor's request , the fishmonger was committed until he found sureties to appear de die in diem before the lords , and before any judges who should be assigned . the lords committed the clerk also ; and afterwards the parliament growing to an end , the complaint was referred wholly to the judges to hear and determine the same , as well for the king , as for the parties . auxi avant come les peres de parliamento , might have done , if the plaint had been fully treated in their presence , and in the parliament . the proceedings before the judges were in a schedule , annexed to the parliament-roll , and were thus ; a commission was granted in parliament unto tressilian , chief justice of the king's bench , and bellknap , chief justice of the common pleas , to hear and determine . they met at westminster june . and were assisted by the lord treasurer , lord keeper , lord privy seal , the master of the rolls , and the king 's two serjeants , &c. and they called the fishmonger before them , and cause to be recited the said accusation , and the chancellor's answer ; and then demanded of him what he could say why he should not undergo the penalty of the statute against such scandals , especially whenas the chancellor hath acquitted himself in parliament , and is yet ready to acquit himself by any way possible ? the fishmonger denied that he slandered the chacellor , but the clerk only , &c. the commissioners considering the accusation and answer in parliament , and especially that the fishmonger said he could not have justice in his cause before the chancellor , the contrary whereof was expressed and proved out of the records of the chancery , they adjudged him guilty of defamation , and to pay one hundred marks to the chancellor , and to be imprisoned until he could pay the same , and a competent fine due to the king. it should seem the lords could find no time to examine the injustice he complained of , and therefore referred it to the judges . anno . r. . octab. mich. numb . . divers bills were exhibited this parliament by the mayor , aldermen and citizens of london , concerning the fishmongers , and the said mayor , and aldermen , and fishmongers were present at the reading thereof ; where nicholas exton , who spake for the fishmongers prayed the king to receive him and his company into his majesties protection , numb . . which was granted , numb . . then one walter sybil , a fishmonger , craved audience , and said , these bills were not exhibited for any good zeal to the commonweal , but for meer malice to the fishmongers , for that the chief exhibiters of these bills being commanded to prison for sundry misdemeanors in the time of e. . were then imprisoned by certain of the fishmongers , who then were chief officers in london , for which cause malice was born at that time , numb . . to that , one john moore a mercer answered , the citizens of london went to keep the peace towards them , unless they went about to let into the said city the rebels of kent and essex , as the said walter , and others did . numb . . the said walter sybill took advantage of those words , and desired the lords to bear witness . john moore thereupon expounded his words , saying ( as the report then went ) and prayed the lords that the truth thereof might be further enquired of in the city . there is one only precedent of a complaint made by a private person in the house of commons , and of the commons proceeding therein , against a lord of the parliament ; which was thus : anno . h. . tho. philips exhibited unto the commons his bill of complaint against john bishop of london , for his long imprisonment upon suspition of heresie . the commons sent up the bill , being written in paper , amongst other , to the lords , without any message , for ought appeareth upon record . on monday following the bill was read , and the lords excogitabant , that it did not belong to their house de talibus frivolis rebus consultare , and returned it to the commons . hereupon the commons sent — to the bishop for his answer in writing unto this complaint ; which yet the bishop did forbear to do , until he knew the opinion of the lords herein , and acquainted their lordships therewith . the next day the lords answered all with one voyce , quod non consentaneum fuit aliquem procerum alicui in eo loco responsurum , lunae . martii . in the parliament begun at westminster , an. . jac. sir john bowser knight , complained of the bishop of lincoln , the then lord keeper ; but he was not compellable to answer before the commons . r. . the commons accused de la poole openly in parliament before the king and lords ; unto which the councellors made a good answer ( in the opinion of this age ) yet upon the many replications of the commons , and the enforcement of his oath strictly against him , he was fined and imprisoned , &c. in this parliament also the lords and commons procured commission unto certain of the lords to enquire of the enormities of the realm , and to redress them . the king was so highly displeased with these proceedings , that on the last day of this parliament , being the th . of november , he himself protested that nothing done therein should turn to the prejudice of him or his crown . afterwards he sought all means to overthrow those lords who procured that commission , viz. the duke of gloucester , the earls of danby , arundel , warwick , and earl marshal . and at a consultation thereupon , he sent for the chief justice tressilian , and some other judges , and his serjeants at law unto nottingham , where , on august . anno . he propounded certain questions containing all the points of advantage against the proceedings of the last parliament , which the judges affirmed to be treason under their hands and seals . then the king thought to proceed judicially against those lords , but they kept together with the duke of gloucester , at heringby with a strong guard : and the king sent for them , and all doubts of danger to their persons , being first removed , they came novemb. . anno . and kneeling before the king's majesty , he demanded why they were assembled at heringby-park in warlike manner ? they answered , for the good of the king and kingdom , and to remove certain traytors from about him , meaning the lord of ireland , the archbishop of york , michael de la poole , sir robert tresilian , and sir nich. brembre . and with that they threw down their gloves and gages of the challenging to prove the same . unto which the king replied , this shall not be done so ; but at the next parliament , which shall be the morrow after candlemas day , and then all parties shall receive according as they deserve . in the mean time he conveys away the parties accused , and acquits them by proclamation ; then summoned a parliament at westminster , crast. purificat . r. . where these few lords appellants came well armed , which made the king unwilling to come amongst them ; yet at last he came . haec ex ep. fol. . on the first day of this parliament , the duke of gloucester ( one of the said appellants ) kneeling before the king , shewed , that whereas he understood his majesty was informed , that he intended the deposing of him , and advancing himself to the crown , he was ready to declare his innocency herein , in such sort as the lords would ordain . whereupon the king answered , he held him thereof acquitted . on the second day of this parliament , the said appellants exhibited their petition to the king concerning several articles against divers lords and commons , whom they appealed of treason . the said articles being read in presence of the king and lords in parliament , the said appellants offering to make proofs thereof , required that the said appellees might be called to answer ; and for default of their appearance , demanded judgment against them . hereupon the king and lords deliberated . the judges of the common law , and the sages of the civil law were charged by the king to give their best counsel to the lords of the parliament how to proceed in their appeal rightly . who , after long consultation , answered the lords , that the appeal is in no point made and declared according to the order of the common or civil law. the lords after long debate , declared by the assent of the king , that the offences being committed by the peers , the cause should be determined in parliament only , and that by the law and order of parliament only , and adjudged the said appeal with the process thereon depending , to be good , according to the laws and course of parliaments . and the default of appearance was recorded , and judgment given , &c. against those who made their default . after which sir nicholas brembre , a commoner , was brought prisoner before the king and the lords at the request of the said appellants : and the said articles being read , he pleaded not guilty ; which he was ready to defend with his body . whereupon , the commons of the parliament said , that they had seen and considered all the said articles , which they found to be true , and that they likewise as much as in them lay , did also accuse the said appellees , which they would have done , and it appertained to them to have done , had not the aforesaid appellants pursued the said appeals . whereupon was answered by the lords of parliament , that the battel doth not lie in this case ; but that they upon examination of the articles , would proceed to judgment . here i note , that the lords cannot proceed against a commoner , but upon a complaint of the commons : but here is not expressed how the commons came daily to have a sight of these articles . i deny not , but after they were read in their presence , ( for their presence is always understood in judicature upon life and death prout postea ) they demanded a sight of the articles , and considered of them apart , and then supplied the defects thereof . and this also is to be observed , that the commons accuse commoners , as the lords do their own peers . i suppse that brambre was denied the battel , because the commons accused him also ; otherwise he ought to have it granted upon an appeal . afterwards the commons themselves accused and impeached divers commoners , prout mar. sir rob. belknap , l. chief justice of the common pleas , sir john carey , late chief baron , and other justices , &c. the records were brought into the parliament , at the demand of the commons , and the commons accused the justices for their untrue answer made unto sundry questions before the king at nottingham , to the emboldning of the aforesaid offenders in their traiterous designs and attempts , &c. unto which they answered , &c. were adjudged , &c. and then follows another impeachment of the commons ; thus : the accusements and impeachments made by the commons of the realm , against simon de burle , sir john beauchamp , sir john salisbury , and sir james berners , knights , do ensue underwritten , whereof the commons pray judgment in this present parliament . thus much touching the appeal of r. . but this begot another appeal in the th . of the said k. r. . in the parliament begun sept. . being the feast of st. oswald . edmond earl of rutland , tho. earl of kent , john earl of hunt. tho. earl of nottingh . joh. earl of somerset , jo. earl of salisbury , the lord despencer , and william scroop chancellor unto our lord the king , in their proper persons delivered unto our lord the king , then sitting in the great hall within the castle at nottingh . in his royal estate , with a crown on his head , a bill of appeal against tho. duke of gloucester , richard earl of arundel , and tho. earl of warwick . the which bill of appeal is recited in that parliament , and as it seems per copiam verborum inde , was penned by the advice of some civil lawyer . it seems also they were very careful herein to avoid all errors of the former appeals . for in that of r. . they appealed divers commoners , but here the lords appealed none but peers ; then it was done by word of mouth , they being called to the king upon some other occasion , but now it was done solemnly in writing , and was delivered to the king sitting in his throne of state. there they offer'd to prove their accusation by battel ( a thing not meet for the parliament ) or in what course his majesty would ordain it ; but here the bill was read in parliament , and they said , they have been , and are ready to prove , &c. as you our thrice redoubted king , and this honourable court of parliament should ordain . nor were they less careful in their proceeding to judgment , to avoid the errors in the former , prout in the answer . but these appeals are now abolished by h. . c. . and not without cause ; for as this accusation was extraordinary , so were the proceedings carried with a strong hand ; the former by the lords , this by the king prout ex chroniculis in quinto comparet cum codice maij , a brief whereof , so much as concerns this appeal , follows hereafter at large , with the precedents of r. . ad quod parliamentum convenire jussit rex omnes dominos sibi adhaerentes , cum sagittariis & viris armatis , tanquam ad bellum , & contra hostes omnino progressuri fuissent . ipse vero rex ut efficacius proficere possit , nequam conceptus malefactores de comit ' cestr ' congregari fecit ad velandum locum stramine , &c. erexerat autem rex quandam domum amplissimam in palatio westmonaster ' quae pene totum palatii spatium occupavit ; in qua sibi thronus parabatur altissimus , & pro cunctis regni statibus locus largus ; & pro appellantibus , in uno latere locus specialiter deputatus , & in alio latere locus largus pro responsu assignatus ; seorsim vero pro nobilitatibus parliamenti , & qui non fuerunt electi per communitatem . et forale nuncupatur parliamentum . thus much of accusation by appeal , ( which when any of the lords accused others out of parliament ) was summoned ; but god be thanked , they are abolished , h. . c. . chap. iii. the parties answer . the party accused is to be brought to his answer , otherwise the whole judgment will be erroneous , as was mortym . e. . numb . . and spencer's , e. . and john matrevers , e. . numb . . dors . although the party be absent , yet the parliament hath used all means possible to have his answer , prout r. . where the lords appellants , and the commons also accused tho. mortymer of treason ; and the commons said , that it was notoriously known unto them , that the king had sent his mandate by w. d. a serjeant at arms , unto the said mortymer in ireland , commanding him upon his allegiance to come before the king in all haste , to answer , &c. and that the said mortymer having notice thereof , withdrew himself among the wild irish , where the same serjeant , nor any other officer of the king 's durst come , for fear of death : wherefore , and for that his offences are notoriously known both to the lords and them , they prayed judgment , &c. the king , the lords , and the procurators of the clergy considered of the request of the commons with good deliberation ; and then the lords , with the said procurators , by the assent of the king and commons , did award that proclamation should be made through england and ireland , commanding the said tho. mortymer to render himself in proper person to the king in what place soever it shall be in england , within three months after the th . day of december next coming , to be at his answer ; and they farther awarded , that if he came not , &c. that then he shall be judged traytor , and convict of of all treasons whereof he is accused , and shall forfeit , &c. then the king adjourned the parliament , and the appellants to the th . of hilary next at shrewsbury ; on which day the said appellants declared to the king , that it was awarded that proclamation should be made , &c. ut supra , the commons did the like . and for that the said tho. mortymer came not , they had judgment . in h. . the lords agreed this judgment against the e. of north. and the lord bardolph , who were fled to the rebels in wales , and proclamation ut supra , throughout england . at the day prefixed they examined the returns of the proclamations in the presence of the commons , and so the judgment was agreed on in their presence also ; and so it ought to be in all cases of life and death . and finding a small error , they awarded new proclamations in london only ; and the return thereof was again viewed and considered in the presence of the commons , and then on the next day judgment was given . eodem anno r. . the lords appellants accused also the duke of gloucester of treason ; and although they knew he was dead , they prayed the king that he might be brought to his answer . whereupon the king sent his writ to the council of calice ( unto whose custody he committed the said duke ) to bring him into the parliament to his answer . the captain returned his writ , that the duke is dead ; the which writ and return being read , the said appellants prayed judgment ; and the commons shewed , that the dukes levying war against the king's person , is notoriously known to all the states of parliament , and therefore they desired judgment also , and had it . and what may not the whole parliament do when they joyn in one ? yet notwithstanding the king fearing some error ( as it seems ) the lords appellants besought the king , that if there were any thing on record , be it by confession or otherwise which concerned their appeal , that it might be openly known , and shewn in full parliament . whereupon , by the king's commandment , was read a commission granted unto william richal justice of the common-pleas , and a confession of the duke of gloucester , made before him , by vertue of the said commission ; yea and richal himself , being commanded , did justifie that the duke did write the confession with his own hand , in his absence , and afterwards read it unto him : so careful they were to have something to supply an answer , i marvel that richal was acquitted of his proceedings herein at the next parliament of h. . where he affirmed that much of this dukes confession was altered after he had returned his commission . he well deserved to die , in that he spake not of it . yet there is one precedent directly contrary to all this , viz. r. . in that appeal which happened on this occasion . the aforenamed duke of gloucester , and four other lords went to the king , and accused the duke of ireland , the archbishop of york , michael de la poole , and others of treason ; the king adjourned them to the next parliament , promising them justice there , and in the mean time conveyed away the parties accused , and then by proclamation , part . fol. . in the next parliament , r. . the articles of the appeal being read , the duke and other appellants offered to make proof thereof , and required that the parties appealed might be brought to their answers ; and for default of appearance , demanded judgment . whereupon the king did deliberate with the lords , and commanded the justices , and other sages of the law to give their best counsel to the lords how to proceed rightly in this matter of appeal ; who after consultation therein had , answered the lords , that they had seen and considered the tenor of this appeal , which they said was in no point made and declared according to the order of the common or civil law. but they gave no answer touching the demand of judgment for default of appearance ; whereupon the lords deliberated , and after by the lords assent declared that this cause committed by the peers against the person of the king and state of the realm , shall be determined in the parliament only , and by no other law than by the law and course of the parliament : and that it belongs to the lords only to judge in such cases . and with the assent of the king they did judge the same appeal , and the process thereupon depending , to be good , according to the law and course of parliament . then the lords appellants proceeded , and desired to have the fault of appearance recorded , and judgment given , and so it was . so likewise r. . after the king had given the full power of parliament to determine all matters begun into the hands of twelve lords or six , and six commoners , or any three . he adjourned the parliament from westminster to shrewsbury in hil. and there on march . it was shewed to the king how that robert possington was impeached at the parliament at westminster , for being with the duke of gloucester in levy at herring , an. r. . for which the said duke was adjudged as traytor , and therefore they brought the king to ordain the like judgment against robert possington , though he was dead : whereupon our lord the king , by the assent of the lords and knights of counties , having power , &c. awarded the said robert guilty , &c. and that he shall forfeit , &c. but these extraordinary precedents cannot lead us into the ordinary course of proceedings ; and i alledge them only so , as their errors may be avoided . § . to conclude , it is the just and constant course of parliament , to bring the party accused to his answer ; yea , though he fly justice , yet to send out proclamations into the countries , that he appear at a day , or else such and such judgments shall be given against him . i confess this course was omitted in the judgment against mompesson , jac. and haply it was not then thought upon ; the judicature of parliament being so long out of use ; and therefore that cannot be alledged as a leading precedent . and in that judgment h. . against sir jo. mortymer , upon an indictment of escape out of prison , being committed upon suspition of treason , the said mortymer's answer is not recorded ; yet it is said he was brought before the lords , and the said indictment read in his presence , that he made an answer unto it , though not mentioned . and this proves that the party is to be brought to his answer ; else mortymer's presence had not been necessary . anno r. . numb . . the duke of lancaster and gloucester complained to the king , that sir tho. talbot , with others , conspired the death of the said two dukes , and prayed the parliament to judge thereof . the fact is judged high treason , and writs sent to divers sheriffs to apprehend him , which writs were retornable into the king's-bench : and upon proclamation made in westminster-hall , that upon the sheriffs return , and the not-appearance of the said thomas , he should be convicted of treason , and forfeit , &c. this was extraordinary in terrorem : but what may not the whole parliament do ? they may alter law much easier than form. in the answer is to be considered , first , in what causes the party is to answer as a prisoner ; and in what as a freeman . secondly , when councel shall be allowed him , and when not . touching the first . the parliament hath guided their proccedings therein secundum legem terrae , & judicium parium . according to the th . chapter of magna charta , nullus liber homo capietur vel imprisonetur , &c. nisi per legale judicium parium suorum , vel per legem terrae . and therefore in causes capital , whether the party accused be a lord of the parliament , or a commoner , he is brought a prisoner to his answer secundum legem terrae , prout , e. . numb . . &c. the lord berkley accused by the king for murder of e. . anno r. . jo. lo. gomeniz and w. weston . upon the demand of the commons for surrendring forts beyond the seas , an. . r. . sir ra. ferrers knight , was apprehended for suspition of treason . anno h. . although the lords refused to commit the duke of suffolk upon the commons complaint of him of a common fame of treason ; yet when they accused him of particular treason , he was committed , and brought prisoner to his answer . but in cases of misdemeanors it is otherwise ; then the party accused , whether lord or commoner , answers as a freeman . the lord within his place , the commoner at the bar ; and they are not committed till judgment , unless upon the answer of a commoner , the lords find cause to commit him , till he find sureties to attend , &c. lest he should fly ; prout jo. cavendish upon the lord chancellor's demand of justice against him for his false accusation , was committed after his answer , until he put in bail , anno r. . and before judgment . and so michael de la poole , the said chancellor , r. . after his answer , and many replies of the commons , was committed , and presently bayled . anno e. . william lord latymer , and john lord nevill , being impeached by the commons , answered in their place : so did the bishop of norwich and the lord chancellor , r. . and the said lord chancellor too , r. . answered in his place , though afterwards he was committed before judgment , upon request of the commons . the bishop of bristol , jac. and the duke of buck. car. . all these answered as freemen in their places , their offences not being capital . and the like precedents there are of commoners . anno e. . richard lyons , william ellis and john beecher did answer as freemen , being impeached by the commons . and whereas the commons did that year also accuse adam de bury , who was absent ; the lords sent for him to come ; but he contemned their authority , and came not . then the lords , as it seemeth by the record , sent to apprehend him , and he could not be found ; wherefore they awarded that all his goods should be put in arrest . ibid. n. . it is briefly entred , adam was sent unto to come and answer in parliament ; he came not , nor could be found : wherefore it was awarded , &c. which is sufficient to prove , a commoner is not to be brought a prisoner to his answer for a misdemeanor , if he will appear . r. . the mayor and bayliffs by name , and the townsmen of cambridge were complained of in parliament , for many outrages against the scholars there ; and the lords sent one writ to the mayor and bayliffs that then were , and to the commonalty , to appear and answer ; and another writ to the mayor and bayliffs that did the outrage ; and they appeared in person , and the commonalty by their attorney . this was the ancient course . yet even in these days , viz. r. . the peer of holland complained of a great riot committed by henry tibb , and divers others , in the parsonage-house of one williams . whereupon a sergeant at arms , by vertue of a commission to him made , brought up the said tibb , and one more only ( the principal doers therein ) before the lords in parliament ; who , upon the return of the examination , confessed nhe whole matter , and were committed . but i suppose the sergeant at arms was sent , for haply they would have obeyed no writ : and yet he was sent for two of the principal offenders only . at this day , if the commons accuse a commoner of misdemeanors in such a state of liberty or restraint as he is in , when the commons complain of him , in such he is to answer , prout jac. sir francis michell , and sir john bennet were both committed by the commons before their complaint to the lords , and so they answered as prisoners : but that in a sort may be called judicium parium suorum . jac. the earl of middlesex being then lord treasurer , and accused of misdemeanors only , absented himself from the house : his charge was sent to him in writing , and he answered in writing . at the day prefixed for his trial , he was summoned by the great usher to appear . he came without his staff , and kneeled , until the lord keeper willed him to stand up . there he protested , that he ought not to answer in that place , and desired others might not be prejudiced thereby : and i hope they will not . the earl did himself the first wrong , by absenting himself from the house ; for he might have stayed there until judgment , unless when his own cause came in agitation . §. . touching councel . in all causes of felony , treason , &c. councel antiently was denied to the party accused , prout anno . r. . numb . . sir ralph ferrers was brought to the parliament under the guard of the marshal of england , and arraigned at the king's behalf for suspition of treason , who prayed to the king and to the lords to have councel in that case . unto whom it was said , that in all matters wherein councel ought to be granted by the law of the land , the king or lords would allow it . and it was further said unto the said sir ralph , that forasmuch as the matter stands so much upon treason , that by the law he ought not to have councel in his case , of no earthly creature , but obliged himself to answer at his peril . this last answer was given upon deliberation . and r. . numb . . sir richard cogan knight , being accused by richard clevedon esquire , for extorting l. from the prior of st. john's of jerusalem in a riotous manner , required councel , which was denied him , for that the cause touched treason . h. . the duke of suffolk being accused of treason , by the commons , desired copies of the articles , but no councel , and he answered without councel . primo car. . in the parliament begun febr. . the king's attorney exhibited articles of treason and misdemeanor against john earl of bristol , and he had no councel allowed him ; which was on this occasion : anno jac. the earl of middlesex was denied to answer by councel touching misdemeanors only , that precedent of r. . of michael de la poole being mistaken , as i conceive . and afterwards the lords considering the inconveniences that might happen thereby , did order that councel should be allowed to all delinquents in all cases generally . at the voting of which order , the king and prince were present , and i did expect some reply thereunto on the king's behalf , and especially observed whether the prince would any ways dislike of it , either in words or countenance ; and he shewed none : which made me verily believe that he had been acquainted therewith beforehand ; but he was not , as i shall make it appear . in this present parliament , upon reading the articles of treason and misdemeanors against the said earl maij , and upon the earl's answer to them on the sudden , the journal is , the lords did answer that he should have councel allowed him to plead his cause . but on monday the th . of may , the king sent a messenger to them , that he not suing for a default in cases of treason and felony : it is an ancient fundamental law of this kingdom , and desired the lords to proceed with that caution , that ancient fundamental laws may receive no blemish nor prejudice . on the th . of may , the lords answered this message , that by an order dated may . jac. anno . counsel was then present , and they had allowed the earl of bristol councel before the message came may . his majesty is content the earl of bristol to have councel , although his majesty knew that by the law he ought to have none ; but takes exceptions to that order of the th . of may . that it was occasioned by the earl of middlesex , whose cause was only criminal , which never till now extended to cases capital . and that the judges were neither advised with therein , nor the king's councel heard for his majesty ; and therefore his majesty is not satisfied about the general order , but will advise , &c. the lords thereupon allowed him councel to plead , &c. this parliament of feb. car. . was dissolved before the cause of the earl of bristol was heard and determined , and that the said earl was sued in the star-chamber for the very same matter contained in the articles against him in parliament : all which were but misdemeanors . and if it be lawful for me to speak freely , i believe the lords thought they were but misdemeanors , when they allowed him councel in parliament : but in cases of misdemeanors only the party accused was never denied councel . anno r. . the commons accused michael de la poole of many misdemeanors in open parliament before the king. afterwards in the king's absence , the chancellor said first to the lords , that he was chancellor of england , and for the time represented the king's person in his absence ; and demanded whether he ought to answer in the presence of the king , since he was impeached of acts done whilst he was chancellor . this received no answer . secondly , he said , that he had appointed by the advice of his councel monsieur richard le scroope , his brother-in-law should have the words of his answer to the first impeachment . whereunto the lords said , that it was honest for him to speak by his own mouth . and thereupon he made protestation that he might add to and take from that which should be honourable and profitable for him . the which things unto him were granted . and the said chancellor declared as well by himself , as by the mouth of the said l. scroop , that &c. i note here that councel was not denied him , but that it was only told him , it was honest for him to answer by his own mouth . anno r. . the bishop of norwich , for misdemeanors in general , numb . . was particularly charged by the chancellor , numb . . the bishop said , that albeit in this case he ought to have counsel , yet making protestation , that at all times he might amend his answer , he would answer in person , and so he did , numb . . anno car. . the duke of buckingh . being accused by the commons of misdemeanors , and copies of the impeachments , and answered by councel in this manner , viz. die , &c. the duke being in his place , and standing , his councel came to the bar , and then read the dukes answer , as it was penned in writing . yet sometimes in cases of misdemeanors , when the party accused hath demanded the copies of the articles , and councel , and time to answer , the parliament hath compelled them to make a present answer without councel ; but this is rare , and i have seen but one precedent of it . anno . r. . die animarum , numb . . the mayor , bayliffs and commonalty of cambridge were accused by &c. for that they in the late tumults and wars confederated with other misdoers , did break up the treasury of the university , and compelled the chancellor and schollars to release to the mayor all their liberties , and all actions , &c. in num. & . several writs were sent to command them to appear . they appearing at the day , and answering to such articles as were objected by the king's councel , and delivering in the two releases which were cancell'd numb . . then the chancellor and scholars exhibited divers articles against them by way of petition . upon the reading whereof , it was demanded of the said mayor and burgesses what they would say , why their liberties should not be seized into the kings hands as forfeited ? and they required copies of the articles , and councel , and respite to answer , numb . , . to the copy of the articles , it was answered , that inasmuch as they had heard them read , it should suffice ; for by the law they ought to have no copy . and touching councel , it was said , that wherein councel was to be had , they should have it ; and therefore they were then to answer to no crime nor offence , but only touching their liberties , numb . after many dilatory shifts , the said burgesses submitted themselves to the king's mercy , touching their liberties , only saving their answers to all other matters , numb . . and the king by assent of the whole parliament , granted the assize of bread , and all weights , measures , &c. to the scholars , and to the rest of the burgesses , yielding and increase of rent , . . and there is no farther proceeding against them for other crimes ; yet this also proves counsel ought to be allowed in cases of misdemeanor . §. next to the answer follows the replication ; and that in my opinion belongs to the party whose suit it is . if the commons impeach any man , it belongs to them , if they will reply . and to this end , either they are all , or some of them to be present when the party makes his answer , and to consider thereof apart by themselves , and to reply if they see cause . or else a copy of an answer is to be sent them ; and their replication expected before any other proceedings be . if they do not reply , the lords may : but if the articles against the party be so drawn ex parte domini regis , then it belongs to the king and the lords alone : and the commons can neither reply , nor de jure demand the party to be put to his answer . all this will appear in the ancient precedents which follow . anno e. . they impeached rich. lyons for procuring patents and licenses , &c. to carry , &c. to other places than to calice . for divers other new impositions upon wools , &c. for levying the same to his own use , without view of a comptroller , for marks in london , for the king , and causing the king to repay marks : for buying of debts of the king at the th . penny and less , and causing the king to pay the whole debt . in general words , for many extortions , &c. his answer is , first , to the third part , and pleads not guilty ; which he is ready to prove : to which nothing is replied . to the several impositions , he confessed he levied d. on every sack of wool licensed , to his own use , but by express commandment of the king , and assent of the merchants . and for other several impositions , that he had paid them wholly to the king's chamber , and fully accompted for the whole year . unto this part of his answer also there is no replication recorded , it is drawn up so briefly ; yet these which follow shew somewhat of what was replied , viz. and it was said unto the said richard , that he should bring forth his warrant by what authority he did these things . but he shewed no warrant in parliament under the king's seal , nor otherwise ; but only he said he had command from the king himself and his councel to do it . now whether the lords willed lyons to shew forth his warrant upon the reply of the commons , or otherwise , it appears not by conjecture out of other precedents . eodem anno , the commons impeach the lord latymer , that contrary to the proclamation upon the last truce with the french , he and his lieutenants and officers have taken divers victuals by force , without paying for the same , and that he extorted great fines and ransoms of divers persons and parishes of betherel in brittayn , whilst he was captain there , for which he hath answered nothing to the king. and for the loan of marks made to the king by him , and richard lyons , to transport wool , &c. and also through his ill government , the fort of st. saviours in normandy , and the said fort in normandy , called betherel , and many more are lost . and also that he , of his own authority , discharged spies and fellows imprisoned by the king , wherein he encroached to himself power royal. this is the effect of the impeachment ; the answer follows . first , he said , that saving to himself so much as ought to be saved unto him , as one of the peers of the realm , as well in giving judgment , as otherwise in time to come . and if it please the king and lords here assembled , he will willingly give his answer unto him who will in special object any other thing against him . it should seem that the commons advised hereon ; for it followeth , et puis presentes . forasmuch as no person would in special openly accuse the said lord , vouching the said things in parliament , but that the commons would maintain the said judgment in common , he answered to each particular . . touching the ransoms that he hath been before impeached for , and the sums of money he received , it appeareth that he owed the king l. which he confessed , and submitted himself to the king's grace for the same . and soon after this , the commons having heard this answer of submission , prayed the lords that execution might be had of the said l. presently against the said l. latymer , as a thing past by the said submission being made by him as aforesaid ; for it shews not any agreement made with the king , nor any pardon , or other discharge . and the lords answered , that his answer should be reported to the king , and thereupon right shall be done for the king. . touching the acts done by his lieutenants , he said , that he is altogether innocent , &c. for he was then in england , by the king's command , and he had no part thereof , &c. and the commons thereunto replying , said , that although he be innocent , yet his lieutenants receiv'd it in his name ; and therefore prayed he might answer to the king for his lieutenants , if they be not able , &c. . touching the loans of marks , he absolutely denied he had any share or advice therein , he made in a manner a negative answer to all the rest ; offering proofs : whereupon witnesses were examined , but no other replications of the commons mentioned . eodem anno e. . w. ellis was impeached by the commons , for that he being farmer to the king of the petty customs in yarmouth , and deputy-farmer to rich. lyons , of tonnage and poundage , &c. he extorted several sums of money from the merchants , and particularly l. from a scotish merchant at kirkbread , who was driven in thither by a tempest , but unladed no merchandize there . the said ellis answered in general , he had never taken any thing of the said merchants by way of extortion ; which he was ready to prove . the commons brought in four witnesses , who justified the extortion upon oath , and then demanded judgment . and w. ellis rejoyn'd to this replication , confessed the receipt of the l. and avoided the extortion . eodem anno , john nevile was impeached by the commons , for that he , as officer to the king , and one of his privy councel , had brought divers tallies of assignments made by our lord the king , unto divers persons unto whom he was debtor , and had thereof due allowances in the exchequer ; but the parties had of him little or nothing ; and especially of the lady rovensholme , who is deceased , and of reignald love. and after he was impeached , for that in this late voyage into britayn , in the king's wages in great number of men at arms and archers , for which he accorded with the king , and those he carried with him were not sufficient , come garcone & autres lieux : and yet he received full payment in deceit of the king , and that by his default many forts were lost in britayn . and also at his passing at southampton , his men did much mischief to the country , as if they had been enemies . to the first , touching the buying of a debt due by the king to the lady ravensholme , he made a very good answer , and denied that he bought any debt of reignald love for gain . and the commons being present , desired that love might be examined therein : and he was examined , and cleared the lord nevil thereof . and thereupon michael de la poole , and w. de winged being present , did expresly affirm , that the said love had acknowledged before him and many others , the day before , that the said lord nevile had bought the said debt for gain , &c. and the said reignald love replying to their affirmation , said , that he never spake any such words to them or any other . et tant est autres apres , &c. and soon after the said knights and commons affirming that the said reignald did not only speak those words , but also prayed that it might be shewed in open parliament , the said reignald confessed , that , &c. and was therefore committed , &c. touching the second point ; the l. nevile shewed , that he made full muster of his men , &c. touching the third , the pillaging of souldiers , he said , that he did none ; and if any were done , let the malefactors answer . and unto this it was said by the said lords of the parliament , that it was reason , sith the king paid the soldiers their wages , that the souldiers should answer for their ill deeds , and the captains should answer for themselves . and thereupon the commons prayed judgment against the lord nevile , and that he might be put out of his office about the king. touching the articles of the lady ravesholm , it was awarded in parliament , that the lord nevile should make restitution unto her executors . quaere hoc . that he be banished according to the quality of his offence , as others have been , &c. i have translated this of the lord nevil almost ad verbum ; it needs no exposition . the commons were present at the l. nevil's answer , and desired that one witness whom he had brought with him , and who gave them information of the complaint touching the buying of the king's debts , might be examined . and examined he was in the presence of two knights of the parliament , and they did contrary his false answer ; and afterwards all the commons came and testified against the witness . this is sufficient to prove , that the commons may reply , and are to be present at the answer , or have a copy thereof sent them : but the commons did not reply unto the lord nevil's answer . touching the pillaging of his souldiers , for ought appears , the lords replied to that part . primo car. . febr. the commons impeached the duke of bucks , and declared against him in writing . the commons demanded a copy of his answer , that they might reply unto it , and it was debated at a committe , whether the commons might reply or no ? which was resolved in the affirmative , upon view of precedents , and reported to the house ; and then a copy was sent to the commons . thus much touching replication by the commons . where the articles against the delinquents are ex parte dom. regis , there the commons cannot reply , nor demand judgment ; for the suit is the king 's , and not theirs . anno . r. . upon complaint of the commons , jo. lord comeniz and w. weston were put to their answers ; but the articles were exhibited de part le roy. the complaint of the commons was general ; and though the commons be there present at their answer and judgment , yet they did neither reply nor demand judgment . the king's steward before whom they were arraigned , replied , as shall appear by the precedent at large . in like manner the commons demanded that the bishop of norwich and others might be put to their answer , and the articles were drawn de part le roy. and the chancellor replied to their answer , the commons not once interposing therein . r. . the chancellor and scholars of cambridge accuse the mayor , bayliffs , and commonalty of cambridge , of many outrages and misdemeanors . they appeared and answered . the king's councel replied , numb . . chap. iv. the next considerable part in judicature after the answer and replication , is the proof by examination , first , of witnesses . the practice at this day is to swear the witnesses in open house , and then to examine them there , or at a committee , either upon interrogatories agreed upon in the house , or such as the committee in their discretion shall demand . thus it was in ancient times , as shall appear by the precedents , so many as they are ; they being very sparing to record those ceremonies , which i shall briefly recite , and then add those of later times . witnesses produced by the commons . anno r. . the lord latymer having answered to one of the commons complaints touching a loan of marks for marks to be repaid , whereof he said he was innocent . it followeth thus immediately , &c. and thereupon it was certified in parliament by monsieur rich. le scroop , the late lord treasurer to our lord the king , and by w. wallworth of london , that when the said loan was made , the said walworth offered in the name of the staplers , to lend the same , and be repaid without usury , out of the customs of wool to calice . whereto the lord latymer answered , he never heard of that proffer ; and others swore the said william walworth did make the said proffer to them . anno r. . the commons produced four witnesses to prove their complaints against ellis , les queux examinees in parlement , said , &c. and there i observe that two of those witnesses had exhibited a particular complaint against ellis , concerning a particular wrong done unto merchants , whereof the commons complained , and ellis took no exception against them . and afterwards being put to his answer upon their particular complaints for wrong imprisonment , &c. ellis said , that they betrayed him as he was coming to london , and so he caused them to be committed , and the said complainants affirmed the contrary upon oath , and it was testified expresly by divers sufficient men , that , &c. agreeing with their oath . eodem anno john peecher being accused for extortion , affirmed , he retained it by the assent of the mayor , recorder , and of the greater part of the aldermen , and being examined in parliament , affirmed there , that , &c. to the contrary , and then judgment was given . eodem anno , the commons accuse jo. lord nevil for buying the king's debts of reignald love ; which the said lord denied : and the commons desired that the said reignald might be examined . and the said reignald being charged upon his allegiance to tell openly before them the full truth , saith , clearing the lord nevil ; but afterwards he confessed against him . he was examined in presence of two of the house of commons . many complaints were made against richard love and william ellis in the parliament , and a commission sent to enquire of the behaving themselves in their offices . r. . alice peirce not guilty , and that she would prove by testimony of the late king's houshold , whom she named . the offence being for procuring e. . privately to revoke an ordination of his councel . the lords gave her day , and in the mean time named a committee to examine witnesses . the committee were the duke of lancaster , earls of arundel , cambridge , northampton and of march. and divers witnesses who are named , were sworn upon the holy evangelists , and diligently examined upon the articles objected against her . the lord beauchamp was sworn and examined ; and the duke of lancaster being one of the committe , was diligently examined before the rest of the said committee , but not sworn ad testificandum . earls and dukes are not sworn . a jury of the houshold was impannelled for her trial before the said committee . the order made by the lords for the examination and trial. per l'assent prelat & des seigneurs du dit parlement ordeint fuit que testes articles serounttrious per testimonies , & per enquest d'eux que seront de hostel , de dit appeale & que le verite purroit mieux estre conus . by vertue of this order , the said committee did take the examination of the witnesses , and after their examinations , it follows thus : et nient minus seroit venire devant le duc & les dits commissionaries monsieur k. b. &c. and so names eight knights , and nine esquires , queux fuerint jures adire le verite si le dit alice fuit culpable de les articles avant dits , ou nemy . note , this is the only jury i find recorded for misdemeanors in parliament . i make no doubt but if the delinquent doth put himself upon the trial of his country , that a jury ought to be impannelled therefore . but if the commons impeach any man , they are in loco proprio , and there no jury ought to be ; only witnesses are to be examined in their presence , or they to have copies thereof : and the judgment not to be given until the commons demand it . for proof that the witnesses ought to be examined in their presence , vide e. . the impeachment of the lord nevile , where richard love was examin'd in presence of two knights of the house of commons , who contraried his testimony , numb . . the proof that a delinquent may put himself super patriam , vide e. . where the lord berkley , who waved his peerage , was tried by a jury of gloucestershire and warwickshire , for that he was arraigned for the murder of e. . at berkley-castle in com. glouc. and he answered , that he was sick at that time at bewdley in com. wigorn. but he was arraigned upon an information ex parte dom. regis , and not upon the impeachment of the commons ; for then they had been patria sua . and as the party may put himself super patriam , so he may demand battel : but not when he is accused ex parte domini regis , prout clarence , anno e. . nor when he is accused by the commons , prout brembre , r. . when the earl of arundel was brought to answer the appeals , the lords appellants threw down their gloves by way of a challenge . the earl answered , si essem liber , non resurgeram . note , that the commons had accused them — also . vide a herald parl. lib. mayleress . and thereupon it was testified openly in parliament , that our lord the king had expresly said that day , before the same lord then present in parliament , that he knew not how nor in what manner the said richard was come into such an office about him ; and which is more , he did not know him to be his officer . anno r. . the lord cobham being brought to his answer , for procuring a commission to himself and others , in derogation of the king's prerogative , r. . and for executing the said commission . he denied the procuring thereof , and that he would not have used the said commission without the king's commandment , and that he told the king so much , and that the king commanded him not to intermeddle therein . whereunto our lord the king answered and said , that he was in such governance at that time , that he could not otherwise say , because of them that were then about him . and that the lord cobham knew well that the said commission was made at his will. the which thing jo. de cobham did not gainsay at his trial ; and so judgment passed on him for the same , and he adjudged a traytor . et qui non vult . anno e. . george duke of clarence was arraigned in full parliament . there is no mention thereof in the roll , but in a manuscript of that time , written by a frier of croyland . tam testis est vera , & disceptatio ea habita inter duos tantae humanitatis germanos . nam nemo arguit contra ducem nisi rex ; nemo respondet regi nisi dux . introducti autem erant nonnulli de quibus à multis valde dubitatur , an accusatorum an testium officiis sunt functi utraque enim officia in eadem causa eisdem personis non congruunt . delevit enim object a dux ille per justificationem , asseruit , si exaudiri possit , manuali defensione teneri causam suam . quid multis numeror parliament les reputantes audit as informationes sufficere formarunt in eam sententiam damnationis quae ab henrico duce buck. pro tempore noviter creato anglorum seneschallo prolata est , postea dilata est executio , quo ad usque prolocutor communitatis in superiorem cameram cum sociis suis adveniens , novam ejus conficiendae rei requisitionem fecerat , & consequenter infra paucos dies factum est id qualecunque genus supplicii secreti infra turrim london . utinam sine malo , anno dom. . regni vero regis e. . . per anonimum libris cotton . here let us examine for what illegal proceedings the commons desired to have the cause tried again . the author saith , nemo arguit contra ducem nisi rex . this the commons held to be against law , that the king himself should enforce either article or testimony against a delinquent in a capital cause : for it is inconvenient , that he who hath the forfeiture of life , lands and goods , shall be accuser , witness or judge . the commons were present at this trial , and considering the inconveniences thereof , they returned , and made the request ut supra . primo car. . in the parliament of febr. john earl of bristol was accused by the king's attorney of treason beyond the seas , may . the said earl petitioned the lords , that seeing several points of that charge are grounded upon private conferences , wherein his majesty by testimony becometh a witness , and in case the earl should be convicted , his commission cometh to the crown , &c. he desired their lordships to put his majesty in mind thereof , for the declining his accusation and testimony ▪ maij , these questions were proposed to the judges . . whether in treason or felony the king's testimony is to be admitted , or not ? . whether words spoken to the prince , who afterwards is king , make any alteration in the case ? and the judges were to deliver their opinion therein on the th . day of the said month of may. and on saturday morning , being the said th . day , the judges were desired to deliver their opinions . the lord chief justice said , they appointed to meet and to consider thereof ; and mr. attorney desired to know the time of their meeting ; and before that time he brought them a message from the king , viz. that his majesty was so sensible of his honour , that he would not suffer the right of his crown ( which may justly be preserved ) to be dampnified in his time . that they might deliver their opinion in any particular questions concerning the earl of bristol , but not in the general questions whereof his majesty could not discern the consequence which might happen to rhe prejudice of the crown . every particular case varying according to the circumstances . e. . the articles were read against roger mortimer ; and it followeth thus ; wherefore our lord the king doth charge our earls and barons , peers of this realm , that forasmuch as these touch him principally , and all the people of this realm , that you do unto the said roger mortimer right and lawful judgment , such as appertaineth to such an one to have , who of all the faults abovesaid , is very guilty , as he believeth . and for that the said things are notorious and known to be true unto you , and to all the people of the realm . this was all the proof produced against roger mortimer . the lords hereupon judged him . but afterwards , anno e. . numb . . they reversed it as erroneous : so that although the king's testimony , confirmed by the common fame , was e. . received against roger mortimer , yet it was afterwards adjudged nul accusament in the th . of the said king e. . in that parliament of jac. divers witnesses were examined in open house in the causes of mompesson and the lord chancellor , upon interrogatories agreed on beforehand , and divers at a committee . and it was resolved , that none might be examined upon any thing that might accuse . whereupon the earl of southampton , one of the said committee , signified , that a scruple did arise , whether sir ralph horsey should be examined what bribe he gave to the lord chancellor ; and upon the vote , it was agreed , he should , dissentiente comite dorset . eodem anno , the lords did find that the testimony of divers of the house of commons was necessary , touching the complaint against mompesson , and therefore sent a message to this effect . the house of commons , before their complaint exhibited against the lord cobham and doctor feild , for a bribe concerning egerton's case , jac. examined one davenport , but not upon oath . the lords , when they had examined davenport , found that the case was not so foul as he related it unto the commons , and therefore sent his examination again unto them , and then punished him for his false relation . chap. v. the judgment . first , unto whom the judgment belongeth , and the king's assent and of the presence of the spiritual lords , the commons and the judges . secondly , the judgment it self , and by whom it was demanded , and by whom rendred . in making of our antient laws , the commons did petere the lords assentire , and the king concludere . so in judgments on delinquents in parliament , the commons might accusare & petere judicium , the king assentire , and the lords only did judicare . §. . that the judgment belongeth only to the lords , appeareth by all the old records that i have seen ; prout e. . against mortymer , the earls , barons , and peers did award and judge by assent of the king , &c. h. . in the case of the earl of northumberland , protestation was made by the lords , that the judgment belonged unto them only . for the clearing of this point , that the judgment belongeth to the lords only , vide the protestation of the commons h. . which excludes the commons from any right thereunto , viz. on monday , novemb. . the commons made their protestation in manner as they did in the beginning of this parliament and then further declared to the king , that no record in parliament be made against the commons , that they are or shall be parties to any judgment given , or hereafter to be given in parliament . unto which it was then answered by the archbishop of canterbury , by command of the king , that the commons are petitioners , and not demanders ; and that the king and the lords have ever had , and of right shall have the judgment in parliament in manner as the commons themselves have declared , saving in statutes to be made , and in grants of subsidies , and the like , though to be done for the common profit of the realm , the king will have especially their advice and assent : and that this order be held and kept at all times to come . this excludes the commons from all right to judgment : but whereas it faith , the judgments in parliament belong only to the king and lords , that is to be understood touching the king's assent only , as apppeareth by the replication of the parliament in this point in . h. . which was thus : in the parliament at leicester , h. . numb . . tho. earl of salisbury petitioneth to reverse a judgment in parliament against john earl of salisbury , his father , in h. . and one of the errors assigned was , for that the judgment was not given by the king , but by the lords temporal only : whereupon the earls of the parliament , at the king's commandment , gave copies of the said judgment of h. . and of the said errors assigned unto the kings serjeants at law then present . ad sequentem solutionem juris regni in hac parte avisarentur : super quod servientes ad legem crastino die , domino regi , ac dominis spiritualibus & temporalibus praedictis hoc in parliamento petierunt scrutinium pro domino rege in hac parte . quibus dictum erat ex parte domini regis , quod ipsi procederent ulterius absque aliquo scrutinio habendo quoad declarationem & judicium super supradicta , &c. and afterwards day was given at the next parliament which was held at westminster , eodem anno h. . in which parliament the said judgment of h. . being examined and discussed at full , videbatur tam dicto domino nostro regi , quam etiam dominis suis antedictis , &c. quod idem judicium & declaratio praedicta versus eundem johannem , &c. sunt & fuerunt bona & legalia . declaratio & judicium . per quod cousider atum fuit in praesenti parliamento per praedictos dominos tunc ibidem existentes , de assensu dicti domini regis , quod praefatus nunc comes nihil capiat per petitionem aut prosecutionem suam praedictam ; et ulterius tam domini spirituales , quam temporales praedicti , judicium & declarationem praedictam versus dictum johannem quondam comitem sarum , ut praemittitur habita sive reddita de assensu ipsius domini regis , asserunt fore & esse bona & justa & legalia : et ea pro hujusmodi ex abundanti decreverunt & adjudicaverunt . out of the last recited precedent of h. . may be observed , that the temporal lords by assent of the king , may give judgment on offenders for capital crimes ; and therefore , whereas it is said , h. . that the judgment belongs only to the king and lords , that is herein explained . the king's assent ought to be to capital judgments , and the lords temporal to be only judges therein , and not the lords spiritual : but in misdemeanors , the lords spiritual and temporal are equal judges , and the king's assent is not necessary , as shall appear . §. . in what cases the king's assent is necessarily required . touching the king's assent , it is expressed in divers judgments on capital offences , e. . against mortimer . anno eodem against simon de bereford . and there be divers other judgments that year of this nature , wherein the king's assent is not expressed ; but against john matrevers les judices peeres de la terre , & judges de parlement adjudgent & agardant que le dit john be drawn , hanged , &c. not mentioning the king's assent . and there are two other precedents of the same nature briefly recorded ; estre ou tiel judgment est accorde que soit sait de burges de bayons & john dever . and item outiel judgment est accorde de tho. de gurney & w. de ogle , not mentioning by whom the said judgments of — death were given . h. . the judgment against the earl of salisbury and others , for treason , is by the king's assent ; and so is the judgment of h. . against the earl of northumberland , and & r. . upon those several appeals . in all which the king's assent is recorded . and so the articles objected against simon de burley , without the king's assent , and against his will , which i shall here recite . item , the aforesaid dukes , earls of arundel and warwick . anno e. . richard lyons pleading a warrant from the king , which he could not shew , followeth thus , &c. and tho. mortimer continueth his traiterous purpose , and by force of men took and imprisoned divers men your liege , &c. amongst others , simon de burley knight , and him they carried in the parliament at westminster , held the morrow after the purification of our lady , in the th . year of your reign , and there were surmised against him divers points of crime and treason , and thereupon was demanded of every lord there present in parliament , his advice of the said simon , touching the said crime . and afterwards the said dukes and earls of arundel and warwick would know your advice thrice redoubted lord. you answer plainly , that the said simon de burley was not guilty of any the said points , and then they took upon them traiterously to have constrained you to have given your assent to the judgment which they have purchased against the said simon upon the points aforesaid . and you thrice redoughted lord would not consent to any judgment to be given against the said simon . and yet notwithstanding the aforesaid dukes and earls took upon them royal power in prejudice of you , and derogation of your crown ; and without your assent , and against your will , and in your absence , and in the absence of many other peers of parliament , and without their assent , and against their will , awarded that that said simon should be drawn , &c. and thereupon caused him to be beheaded , but traiterously against your crown , peace and dignity . this i have recited at large : unto which the duke of gloucester made no answer , being dead before ▪ the said earl of arundel pleaded the king's pardon , which was not allowed him . the said earl of warwick confessed all the articles in the said appeal , and put himself upon the king's grace , and the said tho. mortimer could not be found . this parliament begun at westminster die lunae post festum exaltationis sanctae crucis , and was adjourned to shrewsbury . and on tuesday january , the parliament there shewed unto the king how that they in the said parliament at westminster had accused and impeached john de cobham in the th . year of the king's reign , with others convicted in this parliament , accroaching to himself royal power in judgment . awarded that the lieges of the king , simon de burley and james de barners knights , should be drawn , hanged and beheaded without assent of the king , and against his will , and in his absence , and in the absence of many other peers of parliament , who with held themselves , and would not sit in such judgment , and against their will , traiterously against the peace of the king , his crown and dignity . and prayed our lord the king to cause the said john de cobham to joyn in this present parliament to answer to the things aforesaid , and to ordain such judgment against the said john de cobham as the cause demands . the said jo. de cobham was brought , &c. and touching the said judgment awarded against the said simon and james , the said joh. de cobham said , that it was told him by them who were present then , that it was the king's will to make such judgment against the said simon and james convicted of the said judgment and award which he had so given against the said simon and james , notwithstanding his answer ; whereupon , &c. judgment was given against him , and he adjudged a traytor . here is objected , that the judgment against simon de burley , was given by the lords without the king's consent . secondly , against his will. thirdly , in the king's absence . fourthly , in the absence of many of the peers , and against their wills . touching the first , viz. the king 's not assenting . it may be objected , that the lords gave judgment against weston , r. . without the king's assent , but yet not against the king's will ; for they respited the execution until the king might be informed thereof . and the reason then given for the said respite , was , for that the king is not yet informed of the manner of this judgment . but whether the lords proceeded to that judgment against weston , before they informed the king , because the king's assent is not necessary , or for that it being the last day of the parliament , they had no leisure to inform his majesty thereof , let the reader judge : yet it seemeth to me that the king's assent is necessarily required in capital causes and judgments , for these two reasons : first , for that all precedents mention the king's assent in capital judgments , except that one against matrevers , e. . which might be the omission of the clerks , who drew up the roll ; for it is said directly afterwards in the said bill , numb . . that the peers gave those judgments in the presence of our lord the k. and by his assent : and except that of r. . against weston , in the last day of the parliament , and it was . in the afternoon that day before the lords had determined what to do in that business ; so that it may be the lords were prevented of time herein , to have which , they respited execution , for that the king was not informed of the manner thereof . secondly , for that the lords appellants r. . who had then great forces about them , were so earnest with the king for his assent to the judgment against burley , that the duke of gloucest . told him , as appeareth by his own confession , r. . that if he would be king , he should not intreat for simon de burley , to save him from death . and in the end , when his majesty would not assent to their judgment , yet they wrought so , that messengers were sent unto him , and brought word ( not before they gave judgment against simon ) and the king's assent is mentioned in the said judgment . all which the said lords would not have done , had not the king's assent been necessary . and afterwards in the parliament of r. , the lord cobham being accused for giving judgment without the king's assent , answered , that the messenger brought word , that his majesty had assented : and yet because he did not gainsay that the king did deny his assent , the commons immediately demanded judgment . all which seem to imply , that the king's assent is necessary in judgments upon capital offences . touching the second , viz. judgment against the king 's will. it is all one with judgment without the king's assent . touching the third . viz. in the absence of the king. the judgments of this kind are good notwithstanding , so as the king doth assent ; as that of simon de burley , r. . touching the absence of many of the peers . that is to say , of many of them , and against their will ; this cannot invalid their judgment , so as the greater number of the lords be then present ( accompting the proxies of the absent lords ) for it is not material whether some lords do absent themselves , or disassent . the chiefest matter is the assent of the lords who are present either in person or by proxy . the others are to answer for their absence without a just cause shewn , or a proper assent . § . in judgment on misdemeanors , the king's assent is not required . e. . the lords judged divers commoners for misdemeanors , and the king's assent not mentioned ; as richard lyons , william lord latymer , a privy councellor , john lord nevil , a privy councellor , jo. peecher , and others . the king was then sick at his mannor of eltham , and on the last day of the parliament , the lords , prelates and commons came before him there , and he heard the petitioners , and their answers for most part read , and also judgment given on the privy councellors and others , dont ils se leyron franchement le respons de mesme nostre seignior le roy , numb . . which shews that the king had not assented to them . r. . the bishop of norwich was accused of misdemeanors , and judged in r. . the lord chancellor mich. de la poole was judged by the lords for misdemeanors , and speed fol. saith , that the king was much displeased thereat ; for it appeareth he gave not his consent . and it was one of the questions demanded of tresilian and others , r. . whether the judgment were erroneous , or not ? and resolved to be erroneous ; yet it was not objected against any the lords appellors that the judges proceeded without the king's assent . §. . the king's presence in parliament . in e. . the king commanded the lords to do right and lawful judgment on mortimer . the which earls , barons and peers having examined the articles , came again before the king , and said , &c. ibidem . the king commanded them to give judgment on simon de bereford . the which earls , barons and peers came again before the king , and said , &c. and so the king was present at their judgment , but not at their consultations . r. . the king was present when the commons accused the lord chaneellor william de la poole of misdemeanors , but he was not present at his trial ; for he demanded if he ought to answer sans presence de dit roy , being chancellor ? and in the end he answered notwithstanding . r. . in the cruel parliament of the lords appellants , the king was present at the parlies : non constat whether he was present at the consultation of the lords . h. . the king was present when the earl of northumberland was to be tried upon his own petition , and so were the commons . and the king delivered the petition to the judges for their opinion ; but the lords claimed their right : but this was on the wednesday , and the friday following the king and commons met there again , and the chancellor rehearseth , first , what was done the first day , and the lords having had competent deliberation on the said petition , and having heard and considered the statute , they adjudged , &c. it is plain the king was not present at this consultation of the lords , though at their judgment . h. . he commanded the lords to advise what manner of process shall be made , and what judgment shall be rendred against henry de peircy earl of northumberland ; and a week after the lords declared their opinion to the king. and it appeareth in that roll very clearly , that all evidences and examinations were shewn and taken by the lords in the absence of the king , and their advice also agreed on in his absence , but the judgment reversed in his presence . to conclude , the king may be present if he please , at the parties answer , in capital causes , and at the judgments given , prout , &c. but he was never present at other times of proceeding against the delinquent , nor at any answer for misdemeanors , for ought i have yet seen . §. . the presence of the lords spiritual . in cases of misdemeanors , the lords spiritual have ever been present , but never in offences capital . this is so generally-received of all men , that it is not worth the labour to prove it ; yet i will vouch the precedents : for it may be , out of one or other of them somewhat may occur worthy the observation . in misdemeanors . in r. . alice peirce was brought before the prelates and lords in parliament , to answer , and the prelates and lords did ordain . e. . numb . , &c. john at lee was put to reason before the prelates , lords , dukes , earls , barons , and some of the commons . r. . jo. cavendish accused the lord chancellor of bribery , before the prelates and lords in parliament . the chancellor answered before the prelates and lords . in offences capital . in e. . the earl of kent was brought before the counts , barons & autres grandees and nobles en mesme parlement , &c. for treason dors . numb . . eodem anno , the articles of treason being read against mortimer , the king charged les counts & barons , les peeres de son realme , to give judgment . and judgment was given per les dits counts , barons & peeres come judges del parlement . item , the king commanded les dits counts & barons assembled in parliament , to give judgment on , &c. and so were four others tried in the same parliament , all for treason , and not one word of the prelates , either when the articles were read , or at the judgment . e. . numb . , . post festum sancti gregorii , the parliament being commanded to consult of the keeping of the peace , and punishment for the breaking thereof , the prelates departed , pur ceo que aviz fuit dits prelates , que ne attinet pas a eux consuler de guard de la pees ne de chastisament de tiel ; yet afterwards , when they heard what was ordained touching those malefactors , for the apprehension of them by hue and cry , &c. to bring them before certain commissioners to be tried according to law , the prelates gave their consents also to the act , and added also excommunication by the assent of king , lords and commons . anno r. . the commons prayed that such as gave up forts , puissent estre a respons cest parlement . et selon leur desert puis per guard les seigniors & baronage . and thereupon john gomeniz & william weston were brought before the lords aforesaid in full parliament , &c. it is to be understood before the temporal lords ; for the bishops are never comprized in the word baronage . anno r. . divers lords and others being appealed of treason , & other misdemeanors , the prelates absented themselves , during the tryal having first made protestation saving their right to be present in parliament . regni more solito considerare , tractare , ordinare , statuere , definire & caetera excercere , cum caeteris paribus &c. verum quia in praesenti parliamento de nonnullis materiis agitur , in quibus non licet nobis juxta canonum sacrorum instituta quomodo libet interesse , eo propter pro nobis & nostrum quolibet protestatur quod non intendimus nec volumus sicuti de jure non possumus nec debemus , nec intenditur nec vult aliquis nostrum in parliamento dum de hujusmodi rebus agitatur vel agitur , quomodo libet interesse , sed nos & nostrum quemlibet in ea parte penitus absentare : jure paritatis nostrae , & cujuslibet nostrum interessend . in dicto parliamento , quoad omnia & singula ibidem excercenda juris , & eorum quilibet statu & ordine in omnibus semper salvo . ad haec insuper protestamur & nostrum quilibet protestatur , quod propter hujusmodi absentiam non intendimus nec volumus , nec nostrum aliquis intendit , nec vult , quod processus habiti , & habendi in praesenti parliamento super materiis antedictis , in quibus nec possumus nec debemus ut praemittitur interesse , quantum ad nos , & nostrum quem libet attinet , futuris temporibus quomodo libet impugnentur , infirmentur , seu etiam revertentur . this was read in full parliament and enrolled at the request of the commons , i mean the prelates by the kings command and assent of the lords temporal and commons . here the protestation saith ( de jure , interesse non debemus ) but i think it intends that they could not be present by reason of the common-law , and by reason of an ordinance made at the councell at westminster , in . h. . by which all clergy-men were forbidden , agitare judicium sanguinis , upon pain to be deprived both of dignities and orders . for surely as i think , they might otherwise have been present both by the common-law and by the law of god. but by such their long constant absence , even from our first parliaments upon record . the lords temporal have only heard and determined all matters concerning capital offences , which hath continued in them so long that it is become their right , &c. so that now it will be a wrong unto them the lords temporal , if the bishops do any way meddle with such judicatures , either touching the answers , the replyes , the proofs , or the judgement . for where they may not adjudg , they may not do any thing as a judge that doth conduce to judgment . and therefore as heretofore they would be absent , now they cannot be present whilst the matter is in hand , but are to be absent altogether dum de hujusmodi materiis agitatur : for some or other matter may happen to be voted in their presence concerning the answer , replication , &c. or concerning the form of judicature herein : and by the voices of the spiritual lords that vote may pass against the major part of the temporal lords , who should sustain wrong therein . can they be present , and not vote ? i know that at all assizes and sessions divers of the clergy are present till judgment be given in such cases ; but their presence cannot prejudice the judge at the assizes by vote , as in parliament . and at sessions the lay and clergy are equally in authority to hear and determine . eodem anno r. . a special act passed at the request of the commons , to make good those appeals and judgments , notwithstanding that the spiritual lords pur benefit & salvatioun de lour estate , cap. . & in parl. roll , n. . this act , i conceive , was occasioned by the clause in the said protes 〈…〉 of the prelates ; ad haec insuper protest 〈…〉 &c. quod processus habiti & habendi in praesenti parliamento super materiis praedictis , in quibus nec possumus , nec debemus interesse , ut praemittitur , quantum ad nos attinet futuris temporibus non impugnentur , &c. for there is no such act to make good any former judgment notwithstanding their absence . and h. . upon the petition of the e. of salisbury , the king & lords temporal adjudged the judgment against his father in parliament , h. . to be good , notwithstanding that it was rendred without the consent of the lords spiritual , which yet the said earl alledged as error in his petition ; so that by the judgment of the whole house , neither the presence nor absence of the spiritual lords in necessary in such judgments . in . r. . the first petition that the commons offered was , that before this time many judgments and ordinances made in the time of the kings ancestors in parliament , have been repealed because the clergy was not present in parliament at the making of the judgments ; and therefore they desired that the clergy might make a proctor with a suffici 〈…〉 to consent in their wants , 〈…〉 things and ordinances to be done in this parliament , numb . . whereupon the prelates and clergy being severally examined , deputed for them all tho. de piercy . but in ancient times ( in libro mailicess ) numb . . which hath written somewhat largely of this parliament ; it is said , the pardon 's granted to the earls of arundel , were first repealed by the assent of the prelates ; for which he blames them much , saying , dederunt ergo locum praelati judicio sanguinis in hoc facto , ita quod dubitatur à pluribus , si incurrunt irregularitatem pro negotio memorato , unde contigit quod propter istud minus peccatum consequentur , nam exactum est ab iis , vellent , nollent , ut laicam personam constituerent , ad judicium sanguinis dandum in dicto parliamento , si necesse foret , & occasio emersisset . i have perused all judgments and ordinances in parliament , and do not yet find one , whereto any exceptions were taken for the absence of the prelates and clergy . i find an exception to the judgment of the exile , in e. . for that it was made without the assent of the prelates , who were present , and protested in writing against it . and one of the errors whereupon it was repealed , is , for that it was made without the assent of them , who were peers of the realm in parliament . but this repeal was per duress & force , &c. prout e. . c. . so as this cannot be alledged for a legal precedent . h. . the earl of northumberland came before the king , the lords and commons in parliament . the lords made protestation that the judgment belonged to them only , &c. the petition being read before the king and the said lords , as peers of the parliament ( unto whom such judgments do of right belong ) considering , &c. adjudged that it was neither treason nor felony , &c. note , that all this parliament , the bishop of — was chancellor , and he as chancellor , delivered the opinion of the lords when they had acquitted the said earl of treason . whereby it seems that he and the other bishops were present at the trial of life and death ; wherefore though the record doth here say the lords indefinitely , we must understand the lords temporal only ; especially since they claimed the said judgment to belong to them . in e. . judgment was given by the earls , barons and peers , as judges in parliament , in point of treason , where the prelates are not named ; and therefore understood of the temporal lords only . this will be explained by the next of h. . rot. process coram domino rege , &c. the king commanded the lords temporal , peers of this realm , to advise what process to make , and what judgment to render against the earl of northumberland and the lord bardolph . the lords advised thereupon , and reported their opinions to the king. the said lords , peers of the realm , by assent of the king , ordain , that proclamation should be made for the said earl and lord bardolph to appear , or else to be convicted by award of the peers in parliament . the king did farther demand the opinion of the said lords temporal touching the archbishop of york ; unto whom the said lords temporal said , &c. the commons prayed the king that they might have cognizance , &c. whereupon , by advice of the lords temporal , the returns of the former proclamations were made at the parliament-door for the said earl and lord to appear . by advice of the said lords temporal , the returns of the former proclamations were examined , the said lords temporal considered of the errors therein . by the said lords temporal , with the assent of the king , by their authority , new proclamation is granted , the return whereof is read in full parliament before the king and the said lords temporal . whereupon , the said lords temporal then being in the said parliament , by advice and assent of our lord the king , by their authority in parliament , awarded the said , &c. convict of treason . here all was done by the lords temporal from the first beginning of the trial until the judgment , and yet the judgment is said to be in full parliament , notwithstanding the spiritual lords are not once mentioned , nor intended to be present at any time whilst the matter of treason was handled . §. . touching the presence of the commons in cases capital . i observe the presence of the commons to be necessary at the parties answer and judgment in cases capital . now one reason for the king's assent , and the commons presence in such judgments , may be this ; both king and people are to be satisfied for the death of the subject ; therefore all trials for life and death , are publick in the full assembly of the court : and how can it be said in full parliament , when the commons , one of the states , are absent ? for this purpose the court of requests ( called camera alba ) was prepared for such trials , where both lords and commons might meet more conveniently ; yet though the commons were present at such times , they had no voice there . but at their return to their own assembly , they considered among themselves , if the proceedings were legal ; and might come again and shew it , and require a rehearsing of that cause : as they did at the judgment of the duke of clarence , e. . nor are the commons to be present when the lords do consider of the delinquent's answer , and the proofs , and do determine of their judgment . the precedents are these . r. . gomeniz and weston were brought before the lords and commons seaux a la blanch chambre , and answered on friday , novemb. and there they were delivered to the constable of the tower , who was commanded to bring them again the next morning . in the mean time , the earls , barons and baronets assembled , and advised from the time that the said answers were given in parliament on friday until part of saturday to the hour of three , of the things touching the answer aforesaid , and then the prisoners were brought in to the parliament . r. . rot. de pardonatione haxei , febr. anno praedicto , praedictus tho. haxei coram nobis & omnibus dominis parliamenti nostri existentibus in alba camera adductus fuit , & billa praedicta coram praefato thoma ibidem , per praeceptum nostrum lecta fuit , & quaesitum fuit per charissimum avunculum nostrum ducem aquitain & lanc. seneschallum angliae , à praefato thoma , si ipse dictum praefatum communibus tradidit . h. . the earl of northumberland was brought to his trial on wednesday ; then the commons were present ; but i do not find that they were present with the lords between wednesday and friday , when the lords advised on the earl's petition . this record mentions not where the assembly was , numb . . h. . quint. of his reign . after the lords had awarded proclamation against the earl of northumberland , and the lord bardolph to appear at a day , or judgment to be given . the commons not being acquainted therewith , they came and prayed the king , they might have cognizance what was done touching the said rebellions of salop , and elsewhere-within the realm : whereupon , new proclamations were made , and the subsequent proceedings were done in full parliament , in presence of the commons ; and the record saith , upon the request of the commons . a question hath been often asked , whether the commons did heretofore sit at conference with the lords ? which i cannot very well resolve ; but verily believe , that at all these arraignments the commons did sit with the lords . r. . gomeniz and weston were brought before the lords and commons sitting in the white chamber . the words are , devant les seignieurs avant dits en plein parlement , &c. but the commons are here intended by the words en plein parlement . and so was the commons demand , that they may be tried before the lords . no other records speak whether they did sit or stand . in judgments on misdemeanors , the presence of the commons is not necessary , unless they impeach a delinquent , prout e. . and then they were present at all the answers of those whom they impeached , and demanded judgment . and when the lords had rendred their judgment against the lord latimer , to be prisoner with the marshal , and to make fine and ransom to the king , the commons prayed the king , he might also be put out of all his offices , and especially from being privy councellor : which the king granted . and when the lords had determined one part of the complaint of the commons against william ellis , touching a wrong done to certain scottish merchants , the commons prayed a general enquiry might be made of the residue whereof they complained ; which the lords granted . and when the lord nevil answered , they required that one richard love might be examined , to prove that which the said lord denied , and they departed ; but two of the commons remained , and heard the examination , and told the lords , that the said richard had related it to the commons otherwise the day before ; which the said richard denied . then all the commons came and justified it again , and thereupon the said richard love confessed it , and on their demands was committed . this shews what interest they have in their own impeachments . so in r. . when the commons had impeached the lord chancellor , they were present at his answer , and so often replied , and enforced his oath against him , and required him to be committed , and so he was before judgment , but bayled presently . but if the commons do only complain , and do neither impeach the party in writing , nor by word of mouth in open house , nor demand trial to be in their presence ; in these cases it is in the election of the lords whether the commons shall be present or not . and therefore when they complained of alice peirce , r. . the lords deferred her trial until the departure of the parliament , that is , till the commons had leave to depart . and if the commons presence be not necessary in such cases where they complain , much less is it wherein they complain not ; yet they have been present when they did not complain ; but that was upon an extraordinary cause , prout r. . a fishmonger exhibited his complaint , first to the commons against the lord chancellor , and afterwards to the lords in full parliament , in presence of the commons . but they were present no doubt at the lord chancellor's request , that he might clear himself in publick of the slander , and so he did . the presence of the judges . in cases capital , the judges are to be present also , otherwise it is not a full court ; but they have no voyce . and though there be divers precedents that complain of the prelates , prout r. . & h. . and this last of the commons , yet there is not one precedent that finds fault with their absence in these cases ; for they are not tractare cum caeteris magnatibus , but cum caeteris de concilio . here may be objected that which tresilian and other judges answered to one of the king's questions , r. . touching the judgment of michael de la poole , that the same justices and serjeants would not give the same judgment , because it seemeth to them , that the same is irrevocable , as erroneous to every part . vid. print . stat. r. . tresilian was much mistaken , as much as in the other answers , whereby he determined that to be treason ; and so here he gave his advice , not his consent : and yet he saith , he gave his consent . read but a little further , and you shall find in the very same place , as followeth ; which questions and answers , as well before the king , as before the lords and commons , were read and perceived ; and it was demanded of all the states of parliament , how they thought of the answer ? and they said , they thought the justices made and gave the answers duly and lawfully , as good and liege people of the king ought to do . and in the same manner sir tho. of shelton , learned in the law , and will. hawkford , and will. beechley , the king's serjeants , being demanded by the king , of their advice , &c. and my lord will. thurning of the common pleas , &c. that the declaration of treason not declared , belongeth to the parliament : and if he had been demanded , he would have said in the same manner . and in like manner my lord william rickill , justice of the common bench , and after the coming of my lord william clopton , chief justice , he said thus ; wherefore the said answers be judged good , and affirmed sufficient in the said parliament . whereupon the king , by the assent of the lords spiritual and temporal , and the procurators of the clergy , and the said commons , and by the advice of the said justices and serjeants there being , it was awarded and adjudged , &c. here you see the manner of the judges assent , viz. their advice only . nor shall you find their assents to any statute ; yet the judges have ever used to be present at the trials in parliament upon life and death , h. . the king delivered the earl of northumberland's petition to them . and at the trial of any peer out of parliament , the judges are ever present on that day ; and their presence is necessary for their counsel to the lords ; but their assent is not necessary to the judgment . §. the manner how the lords resolve on their judgment . how this was anciently , appears in the appeals , r. . touching the death of simon burley , viz. it was demanded of every lord who was present at the said parliament , his advice of the said simon touching his crime . eodem anno , in the print . stat. r. . the judges opinions were demanded in the same manner ; beginning with the serjeants , &c. and so ascending to the chief justice . and at this day the question is put by the chancellor or lord keeper , and the puisne baron answers first , content , or not content ; and so the lords in order : but their lordships do first debate the judgment amongst themselves , and the question is out of that which seemeth to be most generally agreed on . in the judgment it self is to be considered , first , whether it be ultra legem . secondly , by whom to be demanded . thirdly , by whom to be rendred . touching the first . judgments in parliament for death , have been strictly guided per legem terrae ; otherwise they would not have judged the earl of kent , the king 's own unkle , to be hanged , drawn and beheaded , might it be left to their discretion . vide literas e. . to the pope , speaking of this earls judgment by the parliament , for treason ; cui sententiae subductis tamen quibusdam opprobriosis , & in detestatione tanti sceleris , de rigore legis nostri regni infligenda erat , dolentes acquievimus , e. . but the roll is lost . the lords judged mortimer to be drawn and hanged as a traytor , e. . simile pro simone de bereford , n. . ibidem , numb . . they judged john matrevers to be drawn , hanged and beheaded . r. . weston adjudged a traytor for delivering up of castles , forts , &c. and so jo. lord gomeniz . a german , was adjudged to die ; but because he was an alien , and a baronet , and was not the king's liege-man , he should be beheaded ; that being the death used in germany to gentlemen . r. . simon de burley , the earl of arundel , and others were adjudged to be hang'd , drawn and beheaded for treason . they differ something , yet herein they agree , that the opprobrious death of a traytor , is , to be drawn and hang'd ; which the parliament could not alter , no not in their judgments against the king 's own unkle . it was per legem regni infligenda . the king might pardon all , and usually did , except beheading of the nobility of his own blood , and of later times , to all noblemen . as the parliament could not dispence with , nor omit any part of the judgment on traytors , so they could not add more than the law required . and this may appear by their judgments of forfeitures of the parties estate . the parliament , e. . spoke nothing what mortimer should forfeit to the king : he well knew the law could give the king all his lands , in possession , reversion , or service . vide the restitution of e. . numb . . the ordinances in e. . numb . . against women which shall make suit , &c. to the king ; against alice peirce by name , is , upon pain of as much as she can forfeit , and to be banished . but had it not been for the former ordinance , the lords would not have given any such judgment against her ; her offence being only for procuring favour to her friends from the late king , contrary to a former order of council . & r. . the lords adjudged the forfeitures to the king , of some convicted on the appeals , greater than the law will give ; but they passed special acts in each parliament to confirm both the judgments and forfeitures . h. . the lords adjudged and declared the earls of kent , salisbury , and others to be traytors , and to forfeit , numb . . as the law of the land willeth . h. . they adjudged the earl of northumberland , and lord bardolph to forfeit for treason , all their lands in their own demesne , or where others were seized to their use. and so in fines and amerciaments , the judgments anciently were indefinite , prout e. . numb . . john at lee is committed to the tower , there to remain till he hath paid fine and ransom to the king , and at the king's will and pleasure . e. . he is awarded to prison at the king's will , and to be put to his fine and ransom according to the quality of his trespass ; who being brought before the lords , they told him , his ill deeds were so great , that he had not wherewith to make satisfaction ; and he submitted to the king's grace : and the lords awarded all his goods to be seized , and his body to be in prison at the king 's will. eodem anno , the lord latimer to make fine and ransom at the king's will , numb . . item , william ellis the like , num. . john peecher the like , num. . cavendish awarded r. . to pay dammages to the chancellor , and to remain in prison until , &c. and the king de fine suo competenti sibi inde debito ; but not set down how much to the king. these fines were not put in certain , for that the law limits them to the king's will : but not doubt but after the judgment , the lords did rate them ; as may be gathered out of richard lyons ; where , after judgment , they called him before them , to consider , it seems , at what rate to tax the same . and they found it not sufficient . and in ancient court-barons , the amerciaments were ever offered after the presentments . in the star-chamber , all fines were usually mitigated after the censure , and that court had antiqua vestigia magni consilii . i hold that anciently the fines were often rated or taxed : and if the lords may mitigate a fine à majore , they may tax it after the judgment , the certainty not being then specified . judgments for satisfaction . in complaints of extortion and oppression , the lords awarded satisfaction to the parties wronged , which sometimes was certain , sometimes general , but always secundum , non ultra legem . e. . numb . . full restitution was made unto william latimer of the wardship and marriage of the heir of sir r. latimer , whereof he was outed by duress by john at lee. but this was done by a great councel per commandment du roy , after the judgment . william ellis , e. . awarded to pay to botheil and cooper l. apiece , for their damages , num. . john peecher , num. . awarded que il face yeulx a les parties compl. de lui pour les extortions issint prizes . jo. nevile , num. . is awarded to make restitution to the lady ravensholme in certainty for an oppression done to her , whereof the commons complained . r. . the parliament referred the base accusation of cavendish against the lord chancellor , to be heard and determined by the justices , in such sort as if the parliament had determined the same . and the justices adjudged him convict of slander ; and that the lord chancellor should recover his damages , which they taxed at marks , and that he be imprisoned until he had satisfied the chancellor , and the king pro fine competenti sibi inde debito . the iudgment against alice peirce , anno r. . was , that if she had purchased any lands by force or duress , soit il pur fine , or deed en pais , or deed enrolled , or otherwise , that her purchase be held for none , and the parties who hold themselves aggriev'd , have their process against her in chancery . by advice of the grand councel , let right be done to the parties , and restitution made according as the case requireth , so as the purchase made bona fide , be not undone or annulled any way . references to the common law. nor could the lords judge any complaint of private persons , where the party might have his remedy at the common law ; prout botheil & cooper anno e. . accused william ellis for extorting nobles from certain merchants at pruse ; and also for their wrong imprisonment , by the false suggestion of william ellis to the king. and the lords referred the taking of the nobles to the common law. but upon the examination of the imprisonment , it was proved , that ellis did write his letters to one of the king's bed-chamber , falsly suggesting against botheil and cooper , which letters were shewn to the king , his majesty then commanded them to be committed . this the lords expounded to be false suggestion in ellis . the king himself judged him for the same . had that point been cleared in the statute of false suggestions , haply the lords would have referred it to its proper place . so also , anno . e. . the lords referred the accusation of clingdon , to be tried at the common law. secondly , touching the demand . that verily belongs to the party at whose suit it is ; to the king's councel for the king , if the articles were de part le roy ; and to the commons , against an impeached delinquent . by whom judgment ought to be rendred . it appeareth plainly by many precedents , that all iudgments for life and death , are to be rendred by the steward of england , or by the steward of the king's house ; and this is the reason why at every parliament , the king makes a lord steward of his house , though he hath none out of parliament . and at such arraignment , the steward is to sit in the chancellor's place : and all judgments for misdemeanors by the chancellor , or by him who supplies the chancellor's place . chap. vi. the precedents for life and death . anno r. . john lord gome 〈…〉 , and william weston were brought by the constable of the tower before the lords in full parliament , sitting in the white chamber ; where they were severally arraigned at the commandment of the lords , by richard le scroop , chief steward of the house of our lord the king , in manner following : here the lords commanded the arraignment of certain earls , peers of the realm : they did not appoint the steward to do it : it belonged to his office . anno r. . thomas haxey was arraigned of high treason before the king , the lords and commons in full parliament , in alba camera , by the duke of lancaster seneschallum angliae , and the judgment rendred by him . anno r. . all those judgments on the appeal were rendred per seneschallum angliae . the records of e. . and h. . are silent herein , by whom the judgment was rendred . it may be objected , that anno . h. . the lord chancellor kept his place at the trial of the earl of northumberland , because he did deliver the opinion of the lords . that could not properly be called a trial ; for it was upon the earl's own petition . and if it were resolved whether it were felony or treason , it should have been done by the steward , sitting in the chancellor's place . neither doth it appear by the record , that the chancellor kept his place , though he afterwards delivered the opinion of the lords . so likewise , anno car. . febr. . the lord keeper kept his place when the articles of treason were read against the earl of bristol ; but he did not arraign him . then they were read , and his answer heard by the appointment of the house , and some witnesses examined also , to the end they might understand the true nature of his offence , and then to declare how , and in what manner to proceed against him for the same . the spiritualty did not deliver their opinion therein . to conclude , all records that are ( which mention by whom the delinquents in cases capital were arraigned ) do say that it was by the steward of england , or of the king's house , and in remembrance of this , a lord steward is appointed at every trial of a peer of parliament . touching judgment rendred by the chancellor in cases of misdemeanors , it is needless to recite any precedents : only this i will say , the chancellor never gave judgment on life and death , and the steward never on misdemeanors . and though there be precedents of judgments given by the steward of england in parliament , prout & r. . yet i have seen none of the judgments on the peers rendred by the steward of the king's house : and the reason may be , for that there was anciently a seneschallus angliae . quaere tamen whether the steward of the king's house , being a peer , may give judgment on a peer or not . i think he may , if there be no steward of the house constantly made every parliament , though but during the sessions . the last considerable thing in judicature is , chap. vii . the execution of the judgment . and first in capital offences , i have seen but two precedents thereof in the parliament-rolls . the first is , e. . which begun on monday after the feast of s. katherine . there were long articles exhibited against mortimer for treason , and he was adjudged to die for treason ; and thereupon , saith the record , commandment was given to the earl marshal to execute the judgment ; and also to the mayor , aldermen and sheriffs of the city of london , and to the constable of the tower , and likewise to them who had the guard of the said mortimer , to be aiding to the said earl marshal , to do the said execution . the which execution was done and performed upon thursday , next after the first day of the parliament , which was the th . day of november . ibidem num. . judgment was given on simon de bereford , to be drawn and hang'd : and thereupon it was commanded that the marshal should do execution near the tower of london . and the said earl of arundel was beheaded ou the same day . the earl of nottingham , one of the lords appellants , was lord marshall at that time , and therefore his deputy did execution . item , the earl of warwick being adjudged to die , the king did pardon the execution , and granted him his life , viz. that he should remain in perpetual prison out of england , in the isle of man , &c. and that he be at sea on his passage , before the end of one month. and thereupon he was delivered to monsieur william le scroope , and to monsieur stephen his brother , to bring him safely to the said isle of man , &c. the earl marshal was commanded to execution on a peer , and the marshal on a commoner . the command no doubt issued from the lords , with the king's assent herein . thus much touching execution quoad mortem . in misdemeanors , the greatest corporal punishment hath been imprisonment . i find no other in ancient parliament : but who was the officer to carry the delinquent to prison , is not recorded , save he to whose custody he was committed , prout . e. . john at lee was committed to the tower. et dit fuit al monsieur alley de buxhill , constable de la tower , que il preist with the king. anno e. . numb . , & . the lord latimer is awarded to prison , destre en guard du marshal ; and afterwards upon mainprise of diverse earls , suffered to go at large . so it seemeth that first he was committed , and delivered to the earl marshal immediately . primo r. . william fitz-hugh was committed to the tower , but it appeareth not who carried him thither . at this day the lords have used to impose some corporal punishment on misdemeanors , prout flood . and at this day if a peer be committed to prison , the gentleman usher hath the charge of him thither , and the serjeant attending on the great seal , prout anno jac. febr. the earl of berks was sent to the fleet by the gentleman-usher , for forcibly thrusting the lord scroop in open house . anno jac. maii. the earl of middlesex was committed to the tower , and a warrant given to the gentleman usher to carry him thither . anno car. . in the parliament begun febr. the gentleman-usher was commanded to bring the earl of bri-bristol . but if a commoner be committed , the serjeant at arms attending on the great seal doth usually carry him to prison , and he also hath the charge of him , and to see any corporal punishment inflicted on him . anno jac , wright and two serjeants at mace , who had arrested a servant to the — were censured to ride with papers on their heads , for their wilful contempt and scorn of the priviledges of parliament , and for that the serjeant at arms did not see the whole punishment executed on them , he himself was committed . chap. viii . for recovery of damages , or restitution of the party aggrieved . anno e. . botheil and cooper had each of them twenty pounds awarded for their damages ; and it is not there declared how they should recover the same . in the same year john lord nevile , upon complaint of the commons , is awarded to make restitution to the executors of the lady ravensholme ; neither when the same is to be restored , nor the manner how the same shall be recovered , is declared . in those two cases , i conceive the parties are to have their remedy ( the parliament being ended ) in the chancery , and not in any other inferior court at the common law : but the lords in parliament may direct how it shall be levied . anno r. . the lords adjudged alice peirce to forfeit all her lands and goods to the king ; and notwithstanding this forfeiture , if she hath purchased any lands by force or duress , it shall be void , and the party grieved to have his remedy by process in the chancery , and by advice of the lords of the councel , let right be done , and restitution made . anno r. . john cavendish was awarded to pay marks to the lord chancellor for his damages , and to remain in prison until he had paid it . finis . notes, typically marginal, from the original text notes for div a -e peers to render judgment on peers . quite contrary to the law of the land. how bishops are tryable . the nature of the offence . in whnt cases , &c. of judgments on delinquents . four manner of accusations in parliament . complaints by petitions . petition . respons . answer . answer . impeachments of the commons . observe . observe . mortymer and cobham . william de la pool duke of suffolk , impeached . general fame . lord visc. st. alban , chancellor , accused , who was sir francis bacon . accusation ex parte domini regis . of accusation by information ex parte domini regis . the judgment , defective in all points . the lord berkley arraigned waved his peerage . quest. resolv . observ. the earl of bristol charged with treason . articles against the duke of buckingham . quest. resolve . . observ. a petition . the lords cannot impeach any to themselves . a great oppression . * prom●oter . the fishmonger contra l. chancellor . the chancellors answer . the chancellor acquitted . the fishmonger guilty of the defamation . bish. williams lord keeper . the history of the appeal of r. . the lords cannot proceed against a commoner but upon complaint of the commons . appeals abolished per stat. h. . c. . an answer required , though the duke was known to be dead . found guilty long time after he was dead , so forfeited his estate . the party accused to be brought to his answer . touching councel . in misdemeanor the party may have councel to answer . the mayor and commonalty of cambr. accused . the parl. hath compelled a present answer iu misdemenors , and without councel . the replication next which belongs to him or them that sue . impeachment against the l. latymer . his answer . his answer to each particular . w. ellis impeach'd . his answ. the reply . the lord nevile impeach'd . witnesses . witnesses by the commons . a committee for trial of alice peirce . george duke of clarence arraigned . no man questions the duke but the k. none answers the king but the duke . against law that the king should enforce testimony against a delinquent . a royal wise answer . the commons accusare & petere . observe . in what cases the king's assent is necessarily required . peeres de la terre . a bold saying . this duke of glouc. was many years after imprisoned for this at calice , & there died in his bed. in judgment on misdemeameanors the king's assent is not required . the lords spiritual . in cases of misdemenor they may be present . in cases capital may not be present , the protestation of the bishops forever . observ. no exceptions taken for the absence of the prelates . note especial . the presence of the commons in cases capital . the presence of the commons not necessary . the presence of the judges . how the lords resolve on their judgments . judgm . for satisfaction . touching the demand . by whom judgment ought to be rendred . the precedents of life and death . obj. a true and exact account of the wars with spain, in the reign of q. elizabeth (of famous memory) being the particulars of what happened between the english and spanish fleets, from the years to , shewing the expeditions, attempts, fights, designs, escapes, successes, errors, &c. on both sides : with the names of her majesty's ships and commanders in every fleet : being a patern and warning to future ages : never printed before / written by sir william monson ... monson, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true and exact account of the wars with spain, in the reign of q. elizabeth (of famous memory) being the particulars of what happened between the english and spanish fleets, from the years to , shewing the expeditions, attempts, fights, designs, escapes, successes, errors, &c. on both sides : with the names of her majesty's ships and commanders in every fleet : being a patern and warning to future ages : never printed before / written by sir william monson ... monson, william, sir, - . [ ], p. printed for w. crooke, and sold by w. davis ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. great britain -- history, naval. great britain -- history -- elizabeth, - . spain -- history, naval. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ben griffin sampled and proofread - ben griffin text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true and exact account of the wars with spain , in the reign of q. elizabeth , ( of famous memory . ) being the particulars of what happened between the english and spanish fleets , from the years to . shewing the expeditions , attempts , fights , designs , escapes , successes , errors , &c. on both sides . with the names of her majesty's ships and commanders in every fleet. being a patern and warning to future ages . never printed before . written by sir william monson , who was a captain in most , and admiral of several of those fleets in the said wars , and dedicated to his son. london , printed for w. crooke , and sold by w. davis in amen corner . m.dc.lxxxii . sir william monson to his son john . dear son , the custom of dedicating books hath been ancient , and they have been usually dedicated either to great persons , for protection or remuneration ; or to familiars , out of friendship and affection ; or to children , in respect of nature and for admonition . and to this end it is , that to you i commend the reading of the discourse following ; that so beholding the years war by sea , which for want of years you could not then remember ; and comparing them with the years of peace , in which you have lived , you may consider three things . first , that after so many pains and perils god hath lent life to your father to further your education . secondly , what proportion his recompence and rewards have had to his services . lastly , what just cause you have to abandon the thoughts of such dangerous and uncertain courses ; and that you may follow the ensuing precepts , which i commend to your often perusal . and in the first place , i will put you in mind of the small means and fortune i shall leave , that you may rate your expences accordingly ; and yet as little as it is , 't is great to me , in respect i attained to it by my own endeavours and dangers , and therefore no body can challenge interest in it but my self , though your carriage may promise the best possibility . beware you presume not so much upon it , as thereby to grow disobedient to your parents ; for what you can pretend to , is but the privilege of two years of age above your younger brother ; and in such cases fathers are like judges , that can and will distinguish of offences and deserts according to truth , and will reward and punish as they shall see cause . and because you shall know it is no rare or new thing for a man to dispose of his own , i will lay before you a precedent of your own house , that so often as you think of it , you may remember it with fear , and prevent it with care . the great grandfather of your grandfather was a knight by title , and john by name , which name we desire to retain to our eldest sons ; god blessed him with many earthly benefits , as wealth , children , and reputation ; his eldest son was called john after his father , and his second william like to yourself and brother ; but upon what displeasure i know not , ( although we must judge the son gave the occasion ) his father left him the least part of his fortune , though sufficient to equal the best gentleman of his shire , and particularly the ancient house called after his name . his other son william he invested with what your uncle now enjoys . both the sons whilest they lived carried the port and estimation of their fathers children , though afterwards it fell out that the son of john , and nephew to william , became disobedient , negligent , and prodigal , and spent all his patrimony ; so that in conclusion he and his son extinguished their house , and there now remains no memory of them . as for the second line and race , of whom your uncle and i descended , we live as you see , though our estates be not great , and of the two mine much the least ; which notwithstanding is the greater to me in respect i atchieved it with the peril and danger of my life ; and you will make my contentment in the enjoyment of it the greater , if it be accompanied with that comfort i hope to receive from you . the next thing i will handle shall be arms. know that wars by land or sea are always accompanied with infinite dangers and disasters , and seldom rewarded according to merit : for one souldier that lives to enjoy that preferment which becomes his right by antiquity of service , ten thousand fall by the sword and other casualties : and if you compare that of a souldier with any other calling or profession , you will find much difference both in the reward and danger although arms have been esteemed in all ages , and the more as there was greater occasion to use them ; yet you shall find they have been always subject to jealousies and envy ; jealousies from the state , if the general or other officer grow great and popular ; subject to envy from inferiors , who through their perverse and ill dispositions malign other mens merits . the advancement of souldiers is commonly made by councellors at home , whose eyes cannot witness the services performed abroad ; but a man is advanced as he is befriended , which makes the souldiers preferment as uncertain as his life is casual . compare the estate and advancement of souldiers of our time but with the mean and mercenary lawyer , and you shall find so great a difference , that i had rather you should become apprentice to the one , than make profession of the other . a captain that will seek to get the love of his souldiers . as his greatest praise and felicity , of all other vices must detest and abandon covetousness ; he must live by spending as the miser doth by sparing ; insomuch as few of them can obtain by war wherewith to maintain themselves in peace , and where wealth wants preferment fails . souldiers that live in peaceable islands , as in england , their profession is undervalued , because we see not those dangers which make the souldiers necessary , as others do where wars are practised . and the good success in our wars hath been such as makes us attribute our victories , not so much to valour as to chance . i confess the base and ill behaviour of some souldiers , hath made themselves and their callings the less esteemed ; for the name of a captain , which was ever wont to be honourable , is now became a word of reproach and disdain . souldiers may have reputation , but little credit ; reputation enough to defend their honours , but little trust in commerce of the world ; and not without cause , for their security is the worse , by how much the danger of death is the greater . learning is as much to be preferred before war , as the trade of a merchant before that of the factor . by learning you are made sensible of the difference betwixt men and other creatures , and will be able to judge between the good and the bad , and how to walk accordingly . by learning you attain to the knowledge of heavenly mysteries , and you may frame your life accordingly , as god shall give you grace . by learning you are made capable of preferment , if it concur with virtue and discretion ; and the rather because you are a gentleman by birth , and of good alliance , which i observe next to money in this golden age is the second step to advancement . for one that is preferred by arms , there are twenty by learning ; and indeed the souldier is but a servant to the learned , for after his many fought battels , and as many dangers of his life , he must yield account of his actions , and be judged , corrected , and advanced as it shall please the other . you may wonder to hear me extoll learning so highly above my own profession , considering the poor fortune i shall leave was atchieved by arms ; it is enough therefore to persuade you what i say is not conjectural but approved : for if i did not find this difference , the natural affection of a father to a son would make me discover it to you , that you may follow that which is most probable and profitable . good son , love souldiers for your countries sake , who are the defenders of it ; for my sake , who have made profession of it ; but shun the practice of it as you will do brawls , quarrels , and suits , which bring with them perplexities , and dangers . there are many things to be shunned , as being perillous both to body and soul ; as quarrels and occasions of them , which happen through the enormities and abuses of our age. esteem valour as a special virtue , but shun quarrelling as a most detestable vice . of two evils it were better to keep company with a coward than a quarreller ; the one is commonly sociable and friendly , the other dangerous in his acquaintance , and offensive to standers by . he is never free from peril , that is conversant with a quarreller , either for offence given to himself , or to others wherein he may be engaged . a true valiant man shall have enough to do to defend his own reputation without engaging for others : nor are all valiant that will fight , there 〈…〉 discretion makes a difference betwixt valour and desperateness . no 〈…〉 can happen more unfortunate to a gentleman , than to have a quarrel , 〈◊〉 yet nothing so ordinary as to give offence ; it draweth with it many mischiefs both to body and soul : being slain he is danger of damnation , and no less if he kill the other without great repentance . he shall perpetually live in danger of revenge from the friends of the party killed , and fall into the mercy of the prince and law where he liveth , but if for fear and baseness he avoid and shun a quarrel , he is more odious living than he would be unhappy in dying . drinking is the foundation of other vices , it is the cause of quarrels , and then follows murders . it occasions swearing , whoredom , and many other vices depend upon it . when you behold a drunkard , imagine you see a beast in the shape of a man. it is a humour that for the time pleaseth the party drunk , and so bereaves him of sence , that he thinketh all he doth delighteth the beholders ; but the day following he buys his shame with repentance , and perhaps gives that offence in his drunkenness , that makes him hazard both life and reputation in a quarrel . you have no man that will brag or boast so much of the word reputation as a drunkard , when indeed there is nothing more to a mans imputation than to be drunk . a drunkard is in the condition of an excommunicated person , whose testimony betwixt party and party is of no validity . avoid ( good son ) the company of a drunkard , and occasions of drinking , then shall you live free without fear , and enjoy your own without hazard . whoredom is an incident to drunkenness , though on the contrary all whoremasters are not drunkards . it is a sin not washed away without the vengeance of god to the third and fourth generation . besides the offence to god , it giveth a disreputation to the party and his of-spring , it occasioneth a breach betwixt man and wife , encourageth the wife oftentimes to follow the ill example of her husband , and then ensueth dislike , divorce , disinheriting of children , suits in law , and consuming of estates . the next and worst sin i would have you shun is swearing . i do not advise you like a puritan , that ties a man more to the observing of sundays , and from taking the name of god in vain , than to all the rest of the commandments : but i wish you to avoid it for the greatness of the sin it self , for the plague of god hangeth over the house of the blasphemer . swearing is odious to the hearers , it giveth little credit to the words of him that useth it , it affordeth no pleasure as other sins do , nor yieldeth any profit to the party ; custom begetteth it , and custom must make one leave it . for your exercises let them be of two kinds , the one of mind , the other of body ; that of the mind must consist of prayer , meditation , and your book ; let your prayers be twice a day , howsoever you dispose of your self the rest of the time ; prayers work a great effect in a contrite and penitent heart . by this i do not seek to persuade you from such exercises and delights of body as are lawful and allowable in a gentleman ; for such increase health and agility of body , make a man sociable in company , and draw good acquaintants ; many times they bring a man into favour with a prince , and prove an occasion of preferment in his marriage ; they are often times a safeguard to a mans life , as in vaulting suddenly upon a horse to escape an enemy . i will especially commend unto you such pleasures as bring delight and content without charge ; for others are fitter for greater men than one of your fortune to follow . hawking and hunting , if they be moderately used , are like tobacco , in some cases wholesom for the body , but in the common use both laboursom and loathsom ; they alike bring one discommodity , ( as comonly vices do ) that they are not so easily left as entertained . tobacco is hot and hurtful to young bodies and stomachs , and augments the heat of the liver , which naturally you are subject to . it is offensive to company , especially the breath of him that takes it ; it drieth the brain , and many become fools with the continual use thereof . let your apparel be handsom and decent , not curious nor costly . a wise man is more esteemed in his plain cloth than gay clothing . it is more commendable to be able to buy a rich suit than to wear one . a wise man esteems more of a mans vertues and valour than of his vesture ; but seeing this age is fantastical and changeable , you must fashion your self to it , but in so mean and moderate a manner , as to be rather praised for frugality , than derided for prodigality . he that delights in curious cloaths is an imitator of a player , who measures his apparel by the part he acts . and as players appear upon the stage to be seen of the spectators , so do the gallants proclaim their braveries in open assemblies . whilest i live and you not marry , i shall temper this expence ; but when i die remember what i say , seek advancement rather by your carriage ; the curiousness , the reputation you gain by that will be lasting , when this will appear but like a flower sading . frame your course of life to the country and not to the court ; and yet make not your self such a stranger to great persons , as in assemblies they should ask others who you are . i confess the greatest and suddenest rising is by the court ; yet the court is like a hopeful and forward spring , that is taken with a sharp and cold frost , which nips and blasts a whole orchard except or trees ; for after that proportion commonly courtiers are preferr'd . and he that will thrive at court must make his dependency upon some great person , in whose ship he must imbarque all his hopes ; aud how unfortunate such great persons are oftentimes themselves , and how unthankful to their followers , we want not precedents . he that settles his service upon one of them shall fall into the disfavour of another ; for a court is like an army ever in war , striving by stratagems to circumvent and kick up one anothers heels , you are not ignorant of the aptness of this comparison by what you know of me , whose case will serve you for a prospective-glass , wherein to behold your danger afar off , the better to prevent it . yet reverence lords because they are noble , and one more than another , as he is more notable in virtue . be choice of your company ; for as a man makes election of them he is censured : man lives by reputation , and that failing he becomes a monster . let your company consist of your own rank , rather better than worse ; for hold it for a maxim , the better gentleman the more gentle in his behaviour . beware they be not accused of crimes , for so it may touch you in credit ; and if you lose your reputation in the bud of your youth , you shall scarce recover it in the whole course of your life . let them be civil in carriage , for commonly such men are sensible above all ; let them be learned , for learning is a fountain from whence springs another life ; let them be temperate in diet and expence , so shall you learn to live in health , and increase in wealth . beware they be not cholerick in disposition , or arrogant in opinion ; for so you shall become a slave to their humours , and base by suffering . a cholerick man of all others is the worst companion , for he cannot temper his rage , but on any slight occasion of a friend becomes an enemy . value true friendship next to marriage , which nothing but death can dissolve ; for the sickleness of friendship is oftentimes the ruine of ones fortune . beware of gaming , for it causes great vexation of mind . if you lose , it begets in you that humour , that out of hope of regaining your losses , you will endanger the loss of all . do not presume too much of your skill in play , or making wagers as if you were excellent above others , or have fortune at command ; for she is like a whore variable and inconstant , and when she disfavours you , it is with more loss at once than she recompenceth at twice . love your brother and sisters for their own sakes , as you are bound by nature , but especially for mine whose they are . remember you are all indifferent to me , but that god chose you from the rest to be a strength and stay to them ; think you cannot honour your father more being dead , than in shewing affection to them he dearly loved ; and nothing will more approve you to be mine , than love and kindness amongst your selves . you owe somewhat more to me than that i am your father , in that i seek your advancement above theirs , of which obligation i will acquit you conditionally you perform what you ought to them . for because man cannot himself live ever , he desires to live in his posterity ; and if i had an hundred sons , my greatest hope must depend upon you as you are my eldest , and seeing my care is of you above the rest , do not make my memory so unhappy , as to give the world an occasion to say , i left an unnatural son. the onely request i make is , be kind and loving to them , who i know by their disposition will give you no cause of offence . a discourtesie from you will be as sharp to them as a razor from another . be courteous and friendly to all , for men are esteemed according to ther carriage . there is an old proverb , the courtesie of the mouth is of great value , and costs little . a proud man is envied of his equals , hated by his inferious , and scorned by his superiours ; so that betwixt envy , hate , and scorn he is friendless . many times a man is condemned to death out of presumption , especially when it concurrs with an opinion of his former ill carriage : how much therefore doth it concern a man in the times of his prosperity to lay up a stock of love and reputation ? there cannot be a greater honour than to gain a mans enemy by a courtesie ; it far exceeds the kindness that is done to another , and doubly obligeth him that receiveth it . love is a thing desired by a king from his subjects , by a general from his souldiers , and by a master from his servants ; he that hath it is rich by it , it maintains peace in time of peace , and is a safe bulwork in time of war. do not buy this love with the ruine of your estate , as many do with prodigal expences , and then are requited with pity and derision . let your expence be agreeable to the wearing of your cloaths , better or worse according to company ; or the journying your horse , the less way you go to day , you may travel the further to morrow ; but if you go every day a long and wearisom journey , your horse will fail , and you be enforc'd to go on foot . and so will it be in your expences , if you do not moderate them according to days and companies , your horse and you may travel faintly together . if you are prodigal in any thing , let it be in hospitality , as most agreeable to the will of god , you shall feed the hungry , relieve the poor , and get the love of the rich . what you spend among your neighbours is not lost , but procures their loves and helps when you have need , and thereby you shall find friendship in the country as available as favour at court. if you are called to any place of magistracy , do justice with pity , revenge not your self of your enemy under colour of authority , for that shews baseness , and will procure you hatred . in money matters favour your country , if it be not against the present profit of the king , for many times his name is used for the gain of other men . study the laws , not to make a mercenary practice of them , but onely for your own use , the good of your neighbours , and the government of your country . hold the laws in reverence next to the king ; for that kingdom is well governed where the king is ruled by the laws , not the laws by the king. be not presumptuous in your command , yet seek to be obeyed as you desire to obey ; for as you are above others , others are above you . give your mind to accommodate controversies among your neighbours , and you shall gain their love , which will more avail you than the hate of the lawyers can hurt you . punish idleness and other vices , as well for that they are such , as for examples sake . gain love by doing justice , and hate doing wrong , though it were to your immediate profit . if you marry after my death , chuse a wife as near as you can suitable to your calling , years , and condition ; for such marriages are made in heaven , though celebrated on earth . if your estate were great , your choice might be the freer ; but where the preferment of your sisters must depend upon your wives portion , let not your fancy overrule your necessity . it is an old saying , he that marrieth for love hath evil days and good nights : consider if you marry for affection , how long you will be raising portions for your sisters , and the misery you shall live in all the days of your life ; for the greatest fortune that a man can expect is in his marriage . a wise man is known by his actions , but where passion and affection sway , that man is deprived of sence and understanding . it is not the poverty or meanness of her that 's married that makes her the better wife , for commonly such women grow elevated , and are no more mindful of what they have been , than a mariner is of his escape from a danger at sea when it is past . you must set your wife a good example by your own carriage , for a wise and discreet husband usually makes an obedient and dutiful wife . beware of jealousie , for it causeth great vexation of mind , and scorn and laughter from your enemies . many times it is occasioned by the behaviour of the husband towards other women : in that case do like the physician , take away the cause of the infirmity , if not you are worthy to feel the smart of it . jealousie is grounded upon conceit and imagination , proceeds from a weak ; idle , and distempered brain ; and the unworthy carriage of him that is jealous , many times maketh a woman do what otherwise she would not . if god be pleased to give you children , love them with that discretion that they discern it not , lest they too much presume upon it . encourage them in things that are good , and correct them if they offend . the love of god to man cannot be better expressed , than by that of a father to his children . comforts of crosses they prove to their parents , and herein education is a great help to nature . let your children make you to disrelish and abandon all other delights and pleasures of the world , in respect of the comfort and joy you receive by them . make account then that somer is past , and the melancholy winter approacheth ; for a careful and provident father cannot take delight in the world and provide for his children . for a conclusion i will recommend two principal virtues to you , the one is secrecy , the other patience . secrecy is necessarily required in all , especially publick persons , for many times they are trusted with things , the revealing whereof may cost them their lives , and hinder the designs of their masters . it is a folly to trust any man with a secret , that can give no assistance in the business he is trusted with . councellors of state and generals , of armies , of all other ought to be most secret , for their designs being once discovered , their enterprizes fail . silence was so much esteemed among the persians , that she was adored for a goddess . the romans kept their expeditions so secret , as that alone was a principal cause of their victories . but of all others trust not women with a secret , for the weakness of their sex makes them unsecret . be patient after the example of job , and you shall become a true servant of god. patience deserveth to be painted with a sword in her hand , for she conquers and subdues all difficulties . if you will take advantage of your enemy , make him cholerick , and by patience you shall overcome him . marcus aurelius being both emperour and philosopher confessed , he attained not the empire by philosophy but by patience . what man in the world was ever so patient as our saviour himself , by following whose example his ministers have converted more by their words , then all the persecuting emperours could deferr by rigour or cruelty of laws . the impatient man contests with god himself , who giveth and taketh away at his good will and pleasure . let me ( good son ) be your patern of patience , for you can witness with me , that the disgraces i have unjustly suffered , ( my estate being through my misfortunes ruined , my health by imprisonments decayed , and my services undervalued and unrecompensed ) have not bred the least distaste or discontent in me , or altered my resolution from my infancy ; that is , i was never so base as to insinuate into any mans favour , who was favoured by the times . i was never so ambitious as to seek or crave imployment , or to undertake any that was not put upon me . my great and onely comfort is , that i served my princes both faithfully and fortunately ; but seeing my services have been no better accepted , i can as well content my self in being a spectator , as if i were an actor in the world . before i treat of the sea i will shew what laws richard the first established in his expedition by sea , which in some points are observed to this day . . that whosoever should kill a man , should be tied to him killed , and thrown into the sea with him . . if any be killed on land , the party to be buried alive with him killed . . whosoever shall strike another , and not draw bloud , shall be duck'd three times at the yards arm. . whosoever revileth or curseth another , so often as he revileth shall pay an ounce of silver . . whosoever draweth his knife , or draweth bloud , shall lose his hand . . whosoever doth steal , shall have his head shorn , and boiled pitch poured upon it , and feathers strewed upon the same , whereby he may be known ; and at the first landing place he shall be towed on shore . a yearly account of the english and spanish fleets , which were set forth from the year , when the wars with spain first began , untill the year , when king james made his happy entrance into this kingdom ; shewing the designs , escapes , and errors on both english and spanish sides , with the names of the queens ships and commanders in every expedition . a voyage of sir francis drake . to the west indies , anno dom. . ships . the elizabeth bonaventure the ayde commanders . sir francis drake , capt. forbister . capt. carlee lieutenant general by land. upon the knowledge of the imbargo made by the king of spain in anno , of the english ships , men , and goods found in his country ; her majesty having no means to help or relieve her subjects by friendly treaty , authorized such as sustained loss by the said arrest , to repair themselves upon the subjects of the king of spain ; and to that end gave them letters of reprisal , to take and arrest all ships and merchandizes that they should find at sea , or elsewhere , belonging to the vassals of the said king. her majesty at the same time to revenge the wrongs offered her , and to resist the king of spains preparations made against her equipped a fleet of sail of ships , and imployed them under the command of sir francis drake , as the fittest man by reason of his experience and success in sundry actions . it is not my intent to set down all the particulars of the voyages treated of , but the services done , and the escapes and oversights past , as a warning to those that shall read them , and to prevent the like errors hereafter . this voyage of sir francis drake being the first undertaking on either side , ( for it ensued immediately after the arrest of our ships and goods in spain ) i will deliver my opinion of it , before i proceed any further . one impediment to the voyage was , that to which the ill success of divers others that after followed , is to be imputed , viz , the want of victuals and other necessaries fit for so great an expedition ; for had not the fleet by chance met with a ship laden with fish , that came from new found land , which relieved their necessities , they would have found themselves reduced to great extremity . the service that was performed in this action , was the taking and sacking sancta domingo in hispaniola , cartagena in terra firma , and the fonta aqua in florida ; three towns of great importance in the west indies . this fleet was the greatest of any nation but the spaniards , that had been ever seen in those seas since the first discovery of them ; and if it had been as well considered of before their going from home , as it was happily performed by the valour of the undertakers , it had more annoyed the king of spain , than all other actions that ensued during the time of the war. but it seems our long peace made us uncapable of advice in war ; for had we kept and defended those places being in our possession , and provided to have been relieved and succoured out of england , we had diverted the war from this part of europe : for at that time there was no comparison betwixt the strength of spain and england by sea by means whereof we might have better defended them , and with more ease incroached upon the rest of the indies , than the king of spain could have aided or succoured them . but now we see and find by experience , that those places which were then weak and unfortified , are since so strengthened , as it is bootless to undertake any action to annoy the king of spain in his west indies . and though this voyage proved both fortunate and victorious , yet considering it was rather an awakening than a weakning of him , it had been far better to have wholly declined it , than to have undertaken it upon such slender grounds , and with so inconsiderable forces . the second voyage of sir francis drake to the road of cadiz , and towards the islands of tercera , anno . ships . the elizabeth bonaventure the lyon the rainbow the dread-nought commanders . sir francis drake , general . sir william borrough , vice admiral . capt. bellingam . capt. thomas fenner . her majesty having received several advertisements , that while the king of spain was silent , not seeking revenge for the injuries the ships of reprisal did him daily upon his coasts , he was preparing an invincible army to invade her at home . she thereupon sought to frustrate his designs , by intercepting his provisions before they should come to lisbon , which was their place of rendezvouz , and sent away sir francis drake with a fleet of sail great and small , whereof were her own ships . the chief adventure in this voyage ( besides those ships of her majesties ) was made by the merchants of london , who sought their private gain more than the advancement of the service ; neither were they deceived of their expectation . sir francis drake understanding by two ships of middleborough , that came from cadiz , of a fleet with victuals , munition , and other habiliments for war , riding there , ready to take the first opportunity of a wind , to go to lisbon and joyn with other forces of the king of spain , he directed his course for cadiz road , where he found the advertisement he received from the ships of middleborough in every point true ; and upon his arrival attempted the ships with great courage , and performed the service he went for , by destroying all such ships as he found in harbour , as well of the spaniards as other nations that were hired by them ; and by these means he utterly defeated their mighty preparations which were intended against england that year . the second service performed by him was , the assaulting the castle of cape sacre , upon the utmost promontory of portugal , and three other strong holds ; all which he took some by force , and some by composition . from thence he went to the mouth of the river of lisbon , where he anchored near caske cadiz ; which the marquess of st. cruze beholding durst not with his gallies approach so near as once to charge him . sir francis drake perceiving , that though he had done important service for the state by this fortunate attempt of his , yet the same was not very acceptable to the merchants , who adventured onely in hope of profit , and preferred their private gain before the security of the kingdom , or any other respect . therefore from caske cadiz he stood to the islands of tercera , to expect the coming home of a carreck , which he had intelligence wintered at mosambique , and consequently she was to be home in that moneth . and though his victuals grew scarce , and his company importuned his return home , yet with gentle speeches he persuaded , and so much prevailed with them , that they were willing to expect the issue some few days at the islands ▪ and by this time drawing near the island of s. michael , it was his good fortune to meet and take the carrick he looked for ; which added more honour to his former service , and gave great content to the merchants , to have a profitable return of their adventure , which was the thing they principally desired . this voyage proceeded prosperously and without exception , for there was both honour and wealth gained , and the enemy greatly endamaged . the first action undertaken by the spaniards was in , the duke of medina general , who were encountered by our fleet , the lord admiral being at sea himself in person . ships . the ark royal the revenge the lyon the bear the elizabeth ionas the triumph the victory the hope the bonaventure the dread-nought the nouperil the rainbow the vanntguard the mary rose the antilope the foresight the ayde the swallow the tyger the scout the swiftsure the bull the tremontary the acatice pinnaces , gallies , hoyes — commanders . the lord admiral . sir francis drake , vice admiral . the lord thomas howard . the lord sheffeild . sir robert southwell . sir martin forbisher . sir iohn hawkins . capt. crosse. capt. reyman . capt. george beeston . capt. thomas fenner . the lord henry seymore . sir william winter . capt. fenton . sir henry palmer . capt. barker . capt. fenner . capt. hawkins . capt. bostock . capt. ashley . notwithstanding the great spoil and hurt sir francis drake did the year past in cadiz road , by intercepting some part of the provisions intended for this great navy , the king of spain used his utmost endeavours to revenge himself this year , lest in taking longer time his designs might be prevented as before , and arrested all ships , men , and necessaries wanting for his fleet , and compell'd them per force to seave in this action . he appointed for general the duke of medina sidonia , a man imployed rather for his birth than experience ; for so many dukes , marquesses , and earls , voluntarily going , would have repined to have been commanded by a man of less quality than themselves . they departed from lisbon the th . day of may , with the greatest pride and glory , and least doubt of victory , that ever any nation did ; but god being angry with their insolence , disposed of them contrary to their expectation . the directions from the king of spvin to his general were , to repair as wind and weather would give leave , to the road of callice in piccardy , there to abide the coming of the prince of parma and his army , and upon their meeting to have opened a letter directed to them both with further instructions . he was especially commanded to sail along the coasts of brittany and normandy , to avoid being discovered by us here ; and if he met with the english fleet , not to offer to fight , but onely seek to defend themselves . but when he came athwart the north cape , he was taken with a contrary wind and foul weather and forced into the harbour of the groyne , where part of his fleet lay attending his coming . as he was ready to depart from thence , they had intelligence by an english fisherman , whom they took prisoner , of our fleets late being at sea , and putting back again , not expecting their coming that year ; insomuch that most part of the men belonging to our ships were discharged . this intelligence made the duke alter his resolution , and to break the directions given him by the king ; yet this was not done without some difficulty , for the council was divided in their opinions , some held it best to observe the kings command , others not to lose the opportunity offered to surprize our fleet unawares , and burn and destroy them . diego flores de valdos , who had the command of the andalusian squadron , and on whom the duke most relied , because of his experience and judgment , was the main man that persuaded the attempt of our ships in harbour , and with that resolution they directed their course for england . the first land they fell with was the lizard , the southermost part of cornwall , which they took to be the rams head athwart plymouth , and the night being at hand they tacked off to sea , making account in the morning to make an attempt upon our ships in plymouth . but whilest they were thus deceived in the land , they were in the mean time discovered by capt. flemminge a pyrat , who had been at sea pilfering , and upon view of them , knowing them to be the spanish fleet , repaired with all speed to plymouth , and gave warning and notice to our fleet , who were then riding at anchor ; whereupon my lord admiral hastned with all possible expedition to get forth the ships , and before the spaniards could draw near plymouth , they were welcomed at sea by my lord and his navy , who continued fight with them untill he brought them to an anchor at callice . the particulars of the fight , and the successes thereof , being things so well known , i purposely omit . while this armado was preparing , her majesty had from time to time perfect intelligence of the spaniards designs ; and because she knew his intent was to invade her at sea with a mighty fleet from his own coast , she furnished out her royal navy under the conduct of the lord high admiral of england , and sent him to plymouth , as the likeliest place to attend their coming , as you have heard . then knowing that it was not the fleet alone that could endanger her safety , for that they were too weak for any enterprize on land , without the assistance of the prince of parma , and his army in flanders ; therefore she appointed sail of holland ships to lie at an anchor before the town of dunkirk , where the prince was to imbarque in flat-bottom'd boats , made purposely for the expedition of england . thus had the prince by the queens providence been prevented , if he had attempted to put out of harbour with his boats ; but in truth neither his vessels nor his army were in readiness , which caused the king ever after to be jealous of him , and as 't is supposed to hasten his end . her majesty , notwithstanding this her vigilant care to foresee and prevent all danger that might happen at sea , would not hold her self too secure of her enemy , and therefore prepared a royal army to welcom him upon his landing ; but it was not the will of god that he should set foot on english ground , the queen becoming victorious over him at sea , with little hazard or bloudshed of her subjects . having shewed the design of the spaniards , and the course taken by her majesty to prevent them ; i will now collect the errors committed as well by the one as by the other , as i have promised in the beginning of my discourse . as nothing could appear more rational and likely to take effect , after the duke had gotten intelligence of the state of our navy , than his design to surprize them unawares in harbour , he well knowing that if he had taken away our strength by sea , he might have landed both when and where he listed , which is a great advantage to an invader ; yet admitting it had took that effect he designed , i see not how he was to be commended in breaking the instructions given him by the king , what blame then did he deserve , when so ill an event followed by his rashness and disobedience ? it was not the want of experience in the duke , or his laying the fault upon valdes , that excused him at his return ; but he had smarted bitterly for it , had it not been for his wife , who obtained the kings favour for him . before th' arrival of the ships that escaped in this voyage , it was known in spain , that diego flores de valdes was he who persuaded the duke to break the kings instructions ; whereupon the king gave commandment in all his ports , where the said diego flores de valdes might arrive , to appreheud him ; which was accordingly executed , and he carried to the castle of sancta andrea , and was never seen or heard of after . if the kings directions had been punctually followed , then had his fleet kept the coast of france , and arrived in the road of callice before they had been discovered by us , which might have endangered her majesty and the realm , our ships being so far off as plymouth , where then they lay ; and though the prince of parma had not been presently ready , yet he had gained time sufficient by the absence of our fleet to make himself ready . and whereas the prince was kept in by the sail of hollanders , so many of the dukes fleet might have been able to have put the hollanders from the road of dunkirk , and possest it themselves , and so have secured the army and fleets meeting together ; and then how easie it had been after their joyning to have transported themselves for england ? and what would have ensued upon their landing here may be well imagined . but it was the will of him that directs all men and their actions , that the fleets should meet , and the enemy be beaten as they were , put from their anchorage in callice road , the prince of parma beleaguered at sea , and their navy driven about scotland and ireland with great hazard and loss ; which sheweth how god did marvellously defend us against their dangerous designs . and here was opportunity offered us to have followed the victory upon them ; for after they were beaten from the road at callice , and all their hopes and designs frustrated ; if we had once more offered them fight , the general by persuasion of his confessor was determined to yield , whose example 't is very likely would have made the rest to have done the like . but this opportunity was lost , not through the negligence or backwardness of the lord admiral , but merely through the want of providence in those that had the charge of furnishing and providing for the fleet ; for at that time of so great advantage , when they came to examine their provisions , they found a general scarcity of powder and shot , for want whereof they were forced to return home . another opportunity was lost not much inferiour to the other , by not sending part of our fleet to the west of ireland , where the spaniards of necessity were to pass after so many dangers and disasters as they had endured . if we had been so happy as to have followed this course , as it was both thought and discoursed of ; we had been absolutely victorious over this great and formidable navy , for they were brought to that necessity , that they would willingly have yielded , as divers of them confess'd that were shipwreck'd in ireland . by this we may see how weak and feeble the designs of men are , in respect of the creator of man , and how indifferently he dealt betwixt the two nations , sometimes giving one , sometimes the other , the advantage ; and yet so that he onely ordered the battel . the action of portugal , . ships . the revenge the dread-nought the ayde the nonperil the foresight the swiftsure commanders by sea. sir francis drake capt. thomas fenner capt. william fenner capt. sackvile capt. william winter capt. goring commanders by land. sir iohn norris sir edward norris sir henry norris sir roger williams serjeant major earl of essex voluntier . the last overthrow of given to the invincible fleet , as they termed themselves , did so encourage every man to the war , as happy was he that could put himself into action against the spaniards , as it appeared by the voluntiers that went in this voyage ; which the queen ( considering the great loss the king of spain received in the year past , whereby it was to be imagined how weakly he was provided at home ) was willing to countenance , though she undertook it not wholly her self , which was the main cause of its ill success and overthrow . for whosoever he be of a subject , that thinks to undertake so great an enterprise without a prince's purse , shall be deceived ; and therefore these two generals in my opinion never overshot themselves more , than in undertaking so great a charge with so little means ; for where there are victuals and arms wanting , what hope is there of prevailing ? the project of this voyage was to restore a distressed king to his kingdom , usurped as he pretended ; and though the means for the setting forth of this voyage was not so great as was expedient ; yet in the opinion of all men , if they had directed their course whither they intended it , without landing at the groyne , they had performed the service they went for , restored don antonio to the crown of portugal , dissevered it from spain , and united it in league with england , which would have answered the present charge , and have settled a continual trade for us to the west indies , and the rest of the portugals dominions , for so we might easily have conditioned . but the landing at the groyne was an unnecessary lingering and hinderance of the other great and main design , a consuming of victuals , a weakning of the army by the immoderate drinking of the souldiers , which brought a lamentable sickness amongst them , a warning to the spaniards to strengthen portugal , and ( as great as all this ) a discouragement to proceed further being repulsed in the first attempt . but notwithstanding the ill success at the groyne , they departed from thence towards portugal , and arrived at penech , a maritine town twelve leagus from lisbon , where with a small resistance they took the castle , after the captain understood don antonio to be in the army . from thence general norris marched with his land forces to lisbon , and sir francis drake with his fleet sailed to caske cadiz , promising from thence to pass with his ships up the river to lisbon , to meet with sir john norris , which yet he did not perform , and therefore was much blamed by the general consent of all men , the overthrow of the action being imputed to him . it will not excuse sir francis drake , for making such a promise to sir john norris , though , on the other hand , i would have accused him of great want of discretion , if he had put the fleet to so great an adventure to so little purpose : for his being in the harbor of lisbon , signified nothing to the taking of the castle , which was two miles from thence ; and had the castle been taken , the town would have been taken of course . besides , the ships could not furnish the army with more men or victuals : wherefore i understand not in what respect his going up was necessary ; and yet the fleet must have endured many hazards to this little purpose . for betwixt cask cadiz and lisbon , there are three castles , st. john , st. francis , and bellin . the first of the three , i hold one of the most impregnable forts to sea-ward in europe ; and the fleet was to pass within calliver shot of this fort ; though i confess , the passing it , was not the greatest dander : for with a reasonable gale of wind , any fort is to be passed with small hazard . but at this time there was a general want of victuals ; and being once entred the harbour , their coming out again was uncertain , the place being subject to contrary winds : in the mean while , the better part of the victuals would have been consumed , and they would have remained there in so desperate a condition , as they would have been forced to have fired one half of the fleet , for the bringing home of the rest : for being as they were , yet after the army was imbarqued for england , many died of famine homeward , and more would have done , if the wind had took them short ; or , if by the death of some of them , the rest who survived had not been the bettr relieved . and besides all these casualties and dangers , the adilantado was then in lisbon with the gallies of spain ; and how easily he might have annoyed our fleet , by towing fire-ships amongst us : we may suppose the hurt we did the spaniards the year before in cadiz road ; and greater we had done them , had we had the help of gallies . it was a wonder to observe every man's opinion of this voyage , as well those that were actors in it , as others that staid at home ; some imputing the overthrow of it , to the landing at the groyn ; others to the portugalls failing us of those helps and assistances which were promised by don antonio ; and others , to sir francis drake's not coming up the river with his fleet. though any of these three reasons may seem probable enough , and the landing at the groyn , the chiefest of the three ; yet if we weigh truly the defect , and where it was , it will appear , that the action was overthrown before their setting out from home , they being too weakly provided of all things needful for so great an expedition . for when this voyage was first treated of , the number of ships was nothing equal to the proportion of men : wherefore they were forced to make stay of divers easterlings which they met with in our channel , and compelled to serve in this action , for the transportation of our souldiers ; and though these ships were an ease to our men , who would have been otherwise much pestered for want of room ; yet their victuals were nothing augmented ; but they were put aboard the ships , like banished men , to seek their fortunes at sea , it being confessed , that divers of the ships had not four days victuals when they departed from plymouth . another impediment to the good success of this voyage , was , the want of field-pieces ; and this was the main cause why we failed of taking lisbon : for the enemies strength consisting chiefly in the castle , and we having only an army to countenance us , but no means for battery , we were the loss of the victory our selves : for it was apparent by intelligence we received , that if we had presented them with battery , they were resolved to parly , and by consequence to yield ; and this too was made use of by the portugalls , as a main reason why they joyned not with us . and there is as much to be said on the portugalls behalf , as an evidence of their good will and favor to us , that though they shewed themselves forward upon this occasion , to aid us , yet they opposed not themselves as enemies against us : whereas if they had pursued us in our retreat from lisbon to cask cadiz , our men being weak , sickly , and wanting powder , and shot , and other arms , they had in all probability put us to a great loss and disgrace . and if ever england have the like occasion to aid a competitor in portugal , we shall questionless , find , that our fair demeanor and carriage in this expedition towards the people of that countrey , have gained us great reconciliation among them , and would be of singular advantage to us : for the general strictly forbad the rifling of their houses in the country , and the suburbs of lisbon , which he possess'd , and commanded , just payment to be made by the souldiers for every thing they took , without compulsion , or rigorous usage : and this hath made those that stood but indifferently affected before , now ready upon the like occasion to assist us . a voyage undertaken by the earl of cumberland , with one ship royal of her majesties , and six of his own , and of other adventures , anno dom. . ships . the victory the margaret , and five other commanders . the earl of cumberland capt. christopher lister capt. monson , now sir william monson , vice-amiral . as the fleets of sir john norris and sir francis drake , returned from the voyage of portugal , my lord of cumberland proceeded upon his , towards that coast , ; and meeting with divers of that fleet , relieved them with victuals , who otherwise had perished . this voyage was undertaken at his and his friends charge , excepting the victory , a ship royal of the queen's , which she adventured . the service performed at sea , was the taking of three french ships of the league in our channel , and his encountring upon the coast of spain , with thirteen hulks , who made some resistance . out of these he took to the value of l. in spices belonging to portugal . from thence he crossed over to the island of terceras , and coming to st. michaels , with boats he fetched out two spanish ships from under the castle , which the same night arrived out of spain . in this course , from thence to flores , he took a spanish ship , laden with sugars and sweet-meats that came from the maderas . being at flores , he received intelligencence of divers spanish ships , which were in the road of fayal , whereupon he suddainly made from that island , where captain lister and captain monson gave a desperate attempt in their boats upon the said ships ; and after along fight possessed themselves of one of them of tuns burden , carrying eighteen pieces of ordidinance , and fifty men. this ship , with one other , came from the indies , two of the rest out of guiney , and another was laden with woad which that island affords in great plenty ; who putting from thence to sea , and coming to the island of graciosa after two days fight , yielded us by composition some victuals : off that island we likewise took a french ship of the league , of tuns , that came from new-found-land . afterwards , sailing to the eastward of the road of terceras , in the even-we beheld tall ships of the indies , entring into the said road , one whereof we after took in her course to the coast of spain : she was laden with hides , silver and cochineal ; but coming for england , she was cast away upon the monnts bay in cornwall , being valued at l. two other prizes of sugar we took in our said course to the coast of spain , esteemed each ship at l. and one from under the castle of st. maries to the same value . there was no road about those islands , that could defend their ships from our attempts ; yet in the last assault we gave , which was upon a ship of sugars , we found ill success , being sharply resisted , and two parts of our men slain and hurt : which loss was occasioned by captain lister , who would not be persuaded from landing in the view of their forts . the service performed by land , was the taking of the island of fayall , some months after the surprizing of those ships formerly mentioned . the castle yielded us pieces of ordinance , great and small : we sacked and spoiled the town , and after ransomed it , and so departed . these summer services , and ships of sugar , proved not so sweet and pleasant as the winter was afterwards sharp and painful : for in our return for england , we found the calamity of famine , the hazard of shipwrack , and the death of our men so great , that the like befell not any other fleet during the time of the war. all which disasters must be imputed to captain lister's rashness , upon whom my lord of cumberland chiefly relyed , wanting experience himself . he was the man that advised the sending the ships of wine for england , otherwise we had not known the want of drink ; he was as earnest in persuading our landing in the face of the fortifications of st. maries , against all reason and sence . as he was rash , so was he valiant ; but paid dearly for his unadvised counsel : for he was one of the first hurt , and that cruelly , in the attempt of st. maries , and afterward drowned in the rich ship , cast away at mounts bay. sir john hawkins , and sir martin forbisher , their voyage undertaken , anno . ships . the revenge the mary-rose the lyon the bonaventure the rainbow the hope the crane the quittance the foresight the swiftseur . commanders . sir martin forbisher sir iohn hawkins sir edward yorke capt. fenner . capt. george beeston capt. bostock capt. burnell from the yeear . untill this present year . there was the greatest possibility imaginable of enriching our nation , by actions at sea , had they been well followed ; the king of spain was grown so weak in shipping , by the overthrow he had in , that he could no longer secure the trade of his subjects . her majesty now finding how necessary it was for her to maintain a fleet upon the spanish coast , as well to hinder the preparations he might make against her , to repair the disgrace he received in . as also to intercept his fleets from the indies , by which he grew great and mighty . she sent this year . ten ships of her own , in two squadrons ; the one to be commanded by sir john hawkins , the other by sir martin forbisher , two gentlemen of tried experience . the king of spain understanding of this preparation of hers , sent forth sail of ships , under the command of don alonso de bassan , brother to the late famous marquess of st. cruz. his charge was to secure home the indian fleet and carrecks . but after don alonso had put off to sea , the king of spain becoming better advised , than to adventure of his ships to of ours , sent for don alonso back , and so frustrated the expectation of our fleet. he likewise made a dispatch to the indies , commanding the fleets to winter there , rather than to run the hazard of coming home that summer : but this proved so great a hind'rance and loss to the merchants of spain , to be so long without return of their goods , that it caused many to become bankrupts , in sevil and other places ; besides , which was so great a weakening to their ships , to winter in the indies , that many years hardly sufficed to repair the damage they received . our fleet being thus prevented , spent seven months in vain upon the coasts of spain , and the islands ; but in that space , could not possess themselves of one ship of the spaniards ; and the carrecks , upon which part of their hopes depended , came home without sight of the islands , and arrived safe at lisbon . this voyage was a bare action at sea , though they attempted landing at fayal , which the earl of cumberland , the year before had taken and quitted ; but the castle being re-fortified , they prevailed not in their enterprize : and thence forwards the king of spain endeavored to strengthen his coasts , and to encrease in shipping , as may appear by the next ensuing year . two fleets , the one by vs , under the lord thomas howard , the other by the spaniards , commanded by don alonso de bassan , anno . ships . the dfiance the revenge the nonperil the bonaventure the lyon the foresight the crane commanders . the lord thomas howaad sir richard greenvile , vice-admiral sir edward denny capt. crosse capt. fenner capt. vavasor capt. duffeild . her majesty understanding of the indian fleets wintering in the havana , and that necessity would compell them home this year . she sent a fleet to the islands under the command of the lord thomas howard . the king of spain perceiving her drift , and being sensible how much the safety of that fleet concerned him , caused them to set out thence so late in the year , that it endangered the shipwrack of them all ; chosing rather to hazard the perishing of ships , men and goods , than their falling into our hands . he had two designs in bringing home this fleet so late : one was , he thought the lord thomas would have consumed his victuals , and have been forced home . the other , that he might in the mean time furnish out the great fleet he was preparing , little inferior to that of . in the first he found himself deceived : for my lord was supplied both with ships and victuals out of england ; and in the second , he was as much prevented : for my lord of cumberland , who then lay upon the coast of spain , had intelligence of the spaniards putting out to sea , and advertised the lord thomas thereof , the very night before they arrived at flores , where my lord lay . the day after this intelligence , the spanish fleet was discovered by my lord thomas , whom he knew by their number and greatness , to be the ships of which he had warning ; and by that means escaped the danger that sir richard greenvile , his vice-admiral rashly ran into . upon view of the spaniards , which were sail , the lord thomas warily , and like a discreet general , weighed anchor , and made signs to the rest of his fleet to do the like , with a purpose to get the wind of them ; but sir richard greenvile , being a stubborn man , and imagining this fleet to come from the indies , and not to be the armado of which they were informed , would by no means be persuaded by his master , or company to cut his main sail , to follow his admiral ; nay , so head-strong and rash he was , that he offered violence to those that councelled him thereto . but the old saying , that a wilful man is the cause of his own woe , could not be more truly verified than in him : for when the armado approached him , and he beheld the greatness of the ships , he began to see and repent of his folly ; and when it was too late , would have freed himself of them , but in vain : for he was left a prey to the enemy , every ship striving to be the first should board him . this wilful rashness of sir richard , made the spaniards triumph as much as if they had obtained a signal victory ; it being the first ship that ever they took of her majesties , and commended to them by some english fugitives to be the very best she had ; but their joy continued not long . for they enjoyed her but five days before she was cast away with many spaniards in her , upon the islands of tercera . commonly one misfortune is accompanied with another : for the indian fleet , which my lord had waited for the whole summer , the day after this mishap , fell into the company of this spanish armado : who , if they had staid but one day longer , or the indian fleet had come home but one day sooner , we had possest both them and many millions of treasure , which the sea afterward devoured : for from the time they met with the armado , and before they could recover home , nigh an hundred of them suffered shipwrack , besides the ascention of sevil , and the double fly-boat , that were sunk by the side of the revenge . all which was occasioned by their wintering in the indies , and the late disambogueing from thence : for the worm which that country , is subject to , weakens and consumes their ships . notwithstanding this cross and perverse fortune , which happened by means of sir richard greenvile , the lord thomas would not be dismayed or discouraged ; but kept the sea so long as he had victuals ; and by such ships as himself and the rest of the fleet took , defrayed the better part of the charge of the whole action . the earl of cumberland to the coast of spain , . ships . the garland of her majesties . seven other ships of his and his friends commanders . the earl of cumberland capt. under him capt. monson , now sir william monson . the earl of cumberland keeping the coast of spain , as you have heard , while the lord thomas remained at the islands , and both to one end , viz. to annoy and damnifie the spaniards , though in two several fleets , the earl found fortune in a sort , as much to frown upon him , as it had done upon the lord thomas howard . in his course from england to the spanish coast , he encountred with divers ships of holland , which came from lisbon , wherein he found a great quantity of spices belonging to the portugalls : so greatly were we abused by that nation of holland , who , though they were the first that engaged us in the war with spain , yet still maintained their own trade into those parts , and supplied the spaniards with munition , victuals shipping and intelligence against us . upon my lord's arrival on the coast of spain , it was his hap to take three ships at several times , one with wine , which he unladed into his own ; and two with sugars , which he enjoyed not long : no more did he the spices , which he took out of the hollanders . for one of the ships of sugar , by means of a leak that sprung upon her , was forced to be cast off , and the men , with much difficulty , recovered the shore , and saved their lives . the other being sent for england , and tossed with contrary winds , was for want of victuals forced into the groyn , where they rend'red themselves to the enemies mercy . the spices were determined to be sent for england , and a ship appointed for that purpose , with other ships to guard her ; and captain monson was sent on board her to the islands of the burlings , with a charge to see her dispatched for england . but the other ships , not observing the directions which were given them , and the night falling calm ; early in the morning , this scattered ship was set upon by six gallies ; and after a long and bloody fight , the captain , and the principallest men being slain , both ship and spices were taken ; but whether it was the respect they had to the queen's ship which was admiral of that fleet , or honor to my lord that commanded it ; or hope , by good usage of our men , to receive the like again , i know not ; but true it is , that the ordinary men were treated with more courtesie than they had been from the beginning of the wars . my lord of cumberland considering the disasters that thus befell him , and knowing the spanish fleet 's readiness to put out of harbor ; but especially finding his ship but ill of sail , it being the first voyage she ever went to sea , he durst not abide the coast of spain , but thought it more discretion to return for england , having ( as you have heard ) sent a pinnace to my lord thomas with the intelligence aforesaid . a voyage undertook by sir walter rawleigh ; but himself returning , left the charge thereof to sir martin forbisher , anno . ships . the garland the foresight , with divers merchants ships . commanders by sea. sir walter rawleigh capt. cross , and other . sir walter went not , but sir martin forbisher . commander by land. sir iohn borought . sir walter rawleigh , who had tasted abundantly of the queen's love , and found it now began to decline , put himself upon a voyage at sea , and drew unto him divers friends of great quality , and others , thinking to have attempted some place in the west indies ; and with this resolution he put out of harbour ; but spending two or three days in fowl weather , her majesty was pleased to command his return , and to commit the charge of the ships to sir martin forbisher , who was sent down for that purpose ; but with an express command , not to follow the design of the west indies . this suddain alteration being known unto the rest of the captains , for the present made some confusion , as commonly it happens in all voluntary actions . their general leaving them , they thought themselves free in point of reputation , and at liberty to take what course they pleased : few of them therefore did submit themselves to the command of sir martin forbisher , but chose rather each one to take his particular fortune and adventure at sea. sir martin , with two or three other ships , repaired to the coast of spain , where he took a spaniard laden with iron , and a portugal with sugar : he remained there not without some danger , his ship being ill of sail , and the enemy having a fleet at sea. sir john boroughs , captain cross , and another , stood to the islands where they met with as many ships of my lord of cumberland's , with whom they consorted . after some time spent thereabouts , they had sight of a carreck , which they chased ; but she recovered the island of flores before they could approach her ; but the carreck , seeing the islands could not desend her from the strength and force of the english , chose rather , after the men were got on shore to fire her self , than we the enemy should reap benefit by her . the purser of her was taken , and by threats compell'd to tell of another of their company behind , that had order to fall with that island ; and gave us such particular advertisement , that indeed she fell to be ours . in the mean time don alonso de bassan was furnishing at lisbon of those gallions , which the year before he had when he took the revenge ; he was directed with those ships to go immediately to flores , to expect the coming of the carrecks , who had order to fall with that island , there to put on shore divers ordnance for strength'ning the town and castle . don alonso breaking his directions , unadvisedly made his repair first to st. michaels , and there delivered his ordnance before he arrived at flores ; and in the mean time one of the carrecks was burnt , and the other taken , as you have heard . this he held to be such a disreputation to him , and especially for that it happened through his own error and default , that he became much perplex'd , and pursued the english leagues ; but in vain , they being so far a head. the king of spain being advertised of his two carrecks mishap , and the error of don alonso , though he had much favored him before , in respect of divers actions he had been in with his brother , the marquess of st. cruz , and for what he had lately performed , by taking the revenge : yet — the king held it for such a blemish to his honor , not to have his instructions obeyed ; and observed , that he did not only take from don alonso his command ; but he lived and died too in disgrace ; which , in my opinion , he worthily deserved . the queens adventure in this voyage , was only two ships ; one of which , and the least of them too , was at the taking of the carreck ; which title , joyned with her regal authority , she made such use of , that the rest of the adventurers were fain to submit themselves to her pleasure , with whom she dealt but indiffereutly . the earl of cumberland to the coast of spain , anno dom. . ships . the lyon the bonaventure , and seven other ships . commanders . the earl of cumberland capt. under him , capt. monson sir edward yorke . the earl of cumberland finding , that many of his voyages had miscarried through the negligence , or unfaithfulness of those who were entrusted to lay in necessary provisions ; and yet , being incouraged by the good success he had the last year , obtained two of her majesty's ships , and victualled them himself , together with seven others that did accompany them ; and arriving upon the coast of spain , he took two french ships of the league , which did more than treble the expence of his voyage . my lord , being one day severed from his fleet , it was his hap to meet with hulks , at the same place where captain monson was taken the same day two years before : he required that respect from them that was due unto her majesties ship , which they peremptorily refused , presuming upon the strength of their ships against one only ; but they found themselves deceived : for after two hours fight he brought them to his mercy , and made them acknowledge their error ; and not only so , but they willingly discovered , and delivered up to him a great quantity of powder and munition , which they carried for the king of spain's service . my lord of cumberland having spent some time thereabouts , and understanding that fervanteles de menega , a portugal , and the king's general of a fleet of sail , was gone to the islands ; he pursued them , thinking to meet the carrecks before they should joyn together . at his coming to flores , he met , and took one of the fleet , with the death of the captain , who yet lived so long as to inform him both where the fleet was , and of their strength : the day after , he met the fleet it self ; but being far too weak for them , he was forced to leave them , and spent his time thereabouts , till he understood the carrecks were passed by , without seeing either fleet or island . sir martin forbisher , with a fleet to brest in brittany , anno . ships . the vauntguard the rainbow the dreadnought the quittance . commanders . sir martin forbisher capt. fenner capt. clifford capt. savil about three years past , anno . the queen sent sir john norris with souldiers , to joyn with the french king's party in those parts . the king of spain , who upheld the faction of the league , sent don iohn de aquila with the like forces , to joyn with the duke de merceur , who was of the contrary side . the spaniards had fortified themselves very strongly near the town of brest , expecting new succors from spain by sea ; which the french king fearing , craved assistance from the queen , which her majesty was the more willing to grant , because the spaniards had gotten the haven of brest to entertain their shipping in , and were like to prove there very dangerous neighbors : wherefore she sent sir martin forbisher thither in this year , , with four of her ships : and upon his arrival there , sir john norris , with his forces , and sir martin with his seamen , assailed the fort ; and though it was as bravely defended as men could do ; yet in the end it was taken with the loss of divers captains , sir martin forbisher being himself fore wounded , of which hurt he died at plymouth after his return . a fleet to the indies , sir francis drake , and sir john hawkins generals , wherein they adventured deeply , and died in the voyage . anno . ships . the defiance the garland the hope the bonaventure the foresight the adventure commanders by sea. sir francis drake sir iohn hawkins capt. gilbert yorke capt. troughton capt. winter capt. tho. drake . commander by land. sir tho. baskervile these two generals , presuming much upon their own experience and knowledge , used many persuasions to the queen , to undertake a voyage to the west indies , giving much assurance to perform great services , and promising to engage themselves very deeply therein , with the adventure of both substance and life . and as all actions of this nature promise fair , till they come to be performed , so did this the more , in the opinion of all men , in respect of the two generals experience . there were many impediments and let ts to this voyage , before they could clear themselves of the coast , which put them to greater charge than they expected ; the chiefest cause of their lingring , was a mistrust our state had of an invasion , and the danger to spare so many good ships and men out of england as they carried with them . the spaniards with their usual subtilty , let slip no opportunity to put us in amazement , thereby to dissolve the action ; and sent four gallies to bleuret in brittany , from thence to seize some part of our coast , that so we might apprehend a greater force was to follow . these gallies landed at pensants in cornwall , where , finding the town abandoned , they sack'd and burnt it ; but this design of theirs took little effect ; for the voyage proceeded notwithstanding . the intent of the voyage , was to land at nombre de dois , and from thence to march to panuma , to possess the treasure that comes from peru ; and if they saw reason for it , to inhabite and keep it . a few days before their going from plymouth , they received letters from her majesty , of an advertisement she had out of spain , that the indian fleet was arrived ; and that one of them , with loss of her mast , was put room to the island of porto ricom . she commanded them , seeing there was so good an opportunity offered , as the readiness of this her fleet , and the weakness of porto ricom , to possess themselves of that treasure ; and the rather , for that it was not much out of their way to nombre de dois . it is neither years , nor experience , that can foresee and prevent all mishaps ; which is a manifest proof , that god is the guider and disposer of mens actions : for nothing could seem more probable to be effected , than this later design , especially considering the ability and wisdom of the two generals ; and yet was unhappily prevented , and failed in the execution : for there being five frigats sent out of spain , to fetch this treasure from porto ricom , in their way it was their hap to take a pinnace of the english fleet , by whom they understood the secrets of the voyage ; and to prevent the attempt of porto ricom , they hastened thither with all speed ( whilst our generals lingred at quadrupa , to set up their boats ) and at their arrival , so strengthened the town with the souldiers , brought in the frigats , that when our fleet came thither , not expecting resistance , they found themselves frustrate of their hopes , which indeed they themselves were the occasion of , in managing their design with no more secresie . this repulse bred so great a disconceit in sir john hawkins , as it is thought to have hastened his days ; and being great and unexpected , did not a little discourage sir francis drake's great mind , who yet proceeded upon his first resolved design , for nombre de dios , though with no better success : for the enemy having knowledge of their coming , fortified the passage to panuma , and forced them to return with loss . sir francis drake , who was wont to rule fortune , now finding his error , and the difference between the present strength of the indies , and what it was when he first knew it , grew melancholly upon this disappointment , and suddenly , and i hope naturally , died at nombre de dios , where he got his first reputation . the two generals dying , and all other hopes being taken away by their deaths , sir thomas baskervile succeeded them in their command , and began now to think upon his return for england ; but coming near cuba , he met and fought with a fleet of spain , though not long , by reason of the sickness and weakness of his men. this fleet was sent to take the advantage of ours in its return thinking , as indeed it happened , that they should find them both weak , and in want ; but the swiftness of our ships , in which we had the advantage of the spaniards , preserved us . you may observe , that from the year the revenge was taken , untill this present year . there was no summer , but the king of spain furnished a fleet for the guarding of his coasts , and securing of his trade ; and though there was little fear of any fleet from england to impeach him , besides this in the indies ; yet because he would shew his greatness , and satisfie the portugal of the care he had in preserving their carrecks ; he sent the count of feria , a young nobleman of portugal , who desired to gain experience , with ships to the islands ; but the carrecks did , as they used to do in many other years , miss both islands and fleets , and arrived at lisbon safely . the other fleets of the king of spain in the indies , consisted of ships , their general don bernardino de villa nova , an approved coward , as it appeared when he came to encounter the english fleet ; but his defects were supplied by the valor of his vice-admiral , who behaved himself much to his honor : his name was john garanay . the earl of essex , and the lord admiral of england , generals , equally , both by sea and land , anno . ships . the repulse the ark-royal the mere-honor the warspite the lyon the rainbow the nonperil the vauntguard the mary rose the dreadnought the swiftsuer the quittance the tremontary , with several others . commanders . the earl of essex . capt. under him sir will. monson the lord admiral . capt. under him ames preston the lord thomas howard sir walter rawleigh sir robert southwell sir francis vere sir robert dudley sir iohn wingfield sir george carew sir alexander clifford sir robert crosse sir george clifford sir robert mansfield capt. king. the first of june . we departed from plymouth ; and our departure was the more speedy , by reason of the great pains , care and industry of the captains , who in their own persons , labored the night before , to get out some of their ships , riding at catwater , which otherwise had not been easily effected . the third , we set sail from cansom bay , the wind , which when we weighed , was at west and by south , instantly cast up to the north east , and so continued untill it brought us up as high as the north cape of spain ; and this fortunate beginning put us in great hopes of a lucky success to ensue . we being now come upon our enemies coast , it behoved the generals to be vigilant in keeping them from intelligence of us , who therefore appointed the litness , the true love , and the lion's whelp ( the three chief sailors of our fleet ) to run a head , suspecting the spaniards had some carvels of advice out , which they did usually send to discover at sea , upon any rumor of a less fleet than this , was made ready in england . no ship or carvel escaped from us , which i hold a second happiness to our voyage : for you shall understand hereafter , the inconvenience that might have happened upon our discovery . the th . of june , the said three ships , took three fly-boats that came from cadiz days before ; by them we understood the state of the town , and that they had no suspition of us , which we looked on as a third omen of our good fortune to come . the th . of june , the swan , a ship of london , being commanded , as the other three , to keep a good way off the fleet , to prevent discovery , she met with a fly-boat , which made resistance , and escaped from her . this fly-boat came from the streights , bound home , who discovering our fleet , and thinking to gain reputation and reward from the spaniards , shhaped her course for lisbon ; but she was luckily prevented by the john and francis , another ship of london , commanded by sir marmaduke darrel , who took her within a league of the shore ; and this we may account a fourth happiness to our voyage . the first ( as hath been said ) was for the wind to take us so suddainly , and to continue so long : for our souldiers being shipped , and in harbor , would have consumed their victuals , and have been so pester'd , that it would have endangered a sickness amongst them . the second , was the taking all ships that were seen , which kept the enemy from intelligence . the third , was the intercepting of the fly-boats from cadiz , whither we were bound , who assured us , our coming was not suspected , which made us more careful to hail from the coast than otherwise we should have been : they told us likewise of the daily expectation of the gallions to come from st. jacar to cadiz , and of the merchant-men that lay there , and were ready bound for the indies . these intelligences were of great moment , and made the generals presently to contrive their business both by sea and land , which otherwise would have taken up a longer time , after their coming thither , and whether all men would have consented to attempt their ships in harbor , if they had not known the most part of them to consist of merchants , i hold very doubtful . the fourth , and fortunatest of all , was the taking of the fly-boat by the john and francis , which the swan let go : for if she had reached lisbon , she had been able to make report of the number and greatness of our ships , and might have endangered the loss of the whole design , she seeing the course we bore , and that we had passed lisbon , which was the place the enemy most suspected , and made there his greatest preparation for defence : but had the enemy been freed of that doubt , he had then no place to fear but andulozia and cadiz above the rest , which upon the lest warning might have been strengthned , and we put to great hazard ; he might also have secured his ships , by towing them out with gallies ; and howsoever the wind had been , might have sent them into the streights , where it had been in vain to have pursued them , or over the bar of st. lucar , where it had been in vain to have attempted them . and indeed , of the good and ill of intelligence , we had had sufficient experience formerly , of the good in . for how suddainly had we been taken and surprized when it we lest suspected , had it not been for captain flemming ? of the ill in the year before this , by the spaniards taking a barque of sir francis drake's fleet , which was the occasion of the overthrow of himself and the whole action ? the th . of june we came to cadiz , earlier in the morning than the masters made reckoning of . before our coming thither , it was determined in council , that we should land at st. sebastians , the westermost part of the land ; and thither came all the ships to an anchor , every man preparing to land as he was formerly directed ; but the wind being so great , and the sea so grown , and four gallies lying too , to intercept our boats , there was no attempting to land there , without the hazard of all . this day was spent in vain , in returning messengers from one general to another ; and in the end , they were forced to resolve upon a course which sir william monson , captain under my lord of essex , advised him to , the same morning he discovered the town ; which was to surprize the ships , and to be possessors of the harbor before they attempted landing . this being now resolved on , there arose a great question , who should have the honor of the first going in ? my lord of essex stood for himself ; but my lord admiral opposed it , knowing if he miscarried , it would hazard the overthrow of the action ; besides , he was streightly charged by her majesty , that the earl should not expose himself to danger , but upon great necessity . when my lord of essex could not prevail , the whole council withstanding him he sent sir william monson that night , on board my lord admiral , to resolve what ships should be appointed the next day to undertake the service . sir walter rawleigh had the vaward given him , which my lord thomas howard hearing , challenged in right of his place of vice-admiral , and it was granted him ; but sir walter having order over night to ply in , came first to an anchor ; but in that distance from the spaniards as he could not annoy them : and he himself returned on board the lord general essex , to excuse his coming to anchor so far off , for want of water to go higher ; which was thought strange , that the spaniards which drew much more water , and had no more advantage than he of tide , could pass where his could not : but sir francis vere , in the rainbow , who was appointed to second him , passing by sir walter rawleigh his ship , sir walter the second time , weighed and went higher . the lord general essex , who promised to keep in the midst of the fleet , was told by sir william monson , that the greatest service would depend upon three or four ships ; and sir william put him in mind of his honor ; for that many eyes beheld him . this made him forgetful of his promise , and to use all means he could to be formost in the fight . my lord howard , who could not go up in his own ship , the mere honor , betook himself to the nonperil ; and in respect the rainbow , the repulse and warspight , had taken up the best of the channel , by their first coming to an anchor , to his grief he could not get higher : here did every ship strive to be the headmost ; but such was the narrowness of the channel , as neither the lord admiral , nor any other ship of the queens could pass on . there was commandment given , that no ship should shoot but the queens , making account , that the honor would be the greater , if the victory were obtained with so few . this fight continued from ten , till four in the afternoon : the spaniards then set sail , thinking either to run higher up the river , or else to bring their other broad sides to us , because of the heat of their ordnance ; but howsoever it was , in their floating , they came a ground , and the men began to forsake the ships : whereupon there was commandment given , that all the hoys , and vessels that drew least water should go unto them . sir william monson was sent in the repulse boat , with like directions . we possess'd our selves of the great gallions , the matthew , and the andrew ; but the philip and thomas fired themselves , and were burnt down before they could be quenched . i must not omit to describe the manner of the spanish ships and gallies , riding in harbor at our first coming to cadiz . the four gallions singled themselves from out the fleet , as guards of their merchants . the gallies were placed to flank us with their prows before entry ; but when they saw our approach , the next morning the merchants ran up the river , and the men of war of port royal to the point of the river , brought themselves into a good order of fight , moving their ships a head and a stern , to have their broad sides upon us . the gallies then betook themselves to the guard of the town , which we put them from before we attempted the ships . the victory being obtained at sea , the l. general essex landed his men in a sandy bay , which the castle of poyntull commanded ; but they seeing the success of their ships , and mistrusting their own strength , neither offered to offend his landing , nor to defend the castle ; but quitted it , and so we became possessors of it . after my lord 's peeceable landing , he considered what was to be done ; and there being no place from whence the enemy could annoy us , but the bridge of swasoe , which leadeth over from the main land to the island ; by our making good of which bridge , there would be no way left for the gallies to escape us . he sent three regiments under the command of sir conniers clifford , sir christopher blunt , and sir thomas garret to the bridge ; who at their first coming were encountred by the enemy , but yet possess'd themselves of it , with the loss of some men ; but whether it was for want of victuals , or for what other reasons , our men quitted it , i know not , and the gallies breaking down divers arches pass'd it , and by that means escaped . my lord dispatched a messenger to my lord admiral , intreating him to give order to attempt the merchants that rode in port royal , for that it was dangerous to give them a night's respite , lest they should convey away their wealth , or take example by the philip and thomas , to burn themselves . this message was delivered by sir anthony ashley , and sir william monson , as my lord admiral was in his boat , ready with his toops of seamen to land , fearing the lord general essex should be put to distress with his small companies , which were but three regiments , hastened by all means to second him , and gave order to certain ships the next day to pursue him . seeing i have undertaken to shew the escapes committed in any of our english voyages , such as were committed here , shall without fear or flattery appear to the judicious reader . though the earl of essex his carriage and forwardness merited much , yet if it had been with more advisement , and less haste , it would have succeeded better : and if he were now living , he would confess , sir william monson advised him , rather to seek to be master to the ships , than of the town ; for it was that would afford both wealth and honor : for the riches in ships could not be concealed , or conveyed away as in towns they might . and the ships themselves being brought for england , would be always before mens eyes there , and put them in remembrance of the greatness of the exploit ; as for the town , perhaps it might be soon won , but probably not long enjoyed , and so quickly forgotten : and to speak indifferentiy , by the earl's suddain landing , without the lord admirals privity ; and his giving advice by a message to attempt the ships , which should have been resolved of upon mature deliberation , no doubt , the lord admiral found his honor a little eclipsed , which perhaps hastened his landing for his reputation sake , whenas he thought it more advisable to have possess'd himself of their fleet. before the lord admiral could draw near the town , the earl of essex had entred it ; and although the houses were built in that manner , as that every house served for a platform ; yet they were forc'd to quit them , and to retire into the castle . my lord at last , in despite of the enemy , gained the market place , where he found greatest resistance from the houses thereabouts ; and where it was that that worthy gentleman sir john wingfield was unluckily slain . the lord general essex caused it to be proclaimed by beat of drum through the town , that all that would yield , should repair to the town-house , where they should have promise of mercy , and those that would not , to expect no favor . the castle desired respite to consider untill the morning following ; and then by one general consent , they surrend'red themselves to the two lord generals mercies . the chief prisoners , men and women , were brought into the castle , where they remained a little space , and were sent away with honorable usage . the noble treating of the prisoners , hath gained an everlasting honor to our nation , and the general 's in particular . it cannot be supposed the lord generals had leisure to be idle the day following , having so great business to consider of , as the securing the town , and enjoying the merchants ships : wherefore , for the speedier dispatch , they had speech with the best men of the city , about the ransom to be given for their town and liberties , duckets was the summ concluded on ; and for security thereof , many of them became hostages . there was likewise an overture for the ransom of their ships and goods , which the duke of medina hearing of , rather than we should reap any profit by them , he caused them to be fired . we found by experience , that the destroying of this fleet ( which did amount to the value of six or seven millions ) was the general impoverishing of the whole country : for when the pledges sent to sevil , to take up money for their redemption ; they were answered , that all the town was not able to raise such a summ , their loss was so great by the loss of their fleet. and to speak truth , spain never received so great an overthrow , so great a spoil , so great an indignity at our hands as this : for our attempt was at his own home , in his port , that he thought as safe as his chamber , where we took and destroy'd his ships of war , burnt and consumed the wealth of his merchants , sack'd his city , ransomed his subjects , and entred his country without impeachment . to write all accidents of this voyage , were too tedious , and would weary the reader ; but he that would desire to know the behavior of the spaniards , as well as of us , many confer with divers english men that were redeemed out the gallies in exchange for others , and brought into england . after we had enjoyed the town of cadiz a fortnight , and our men were grown rich by the spoil of it , the generals imbarqued their army , with an intent to perform greater services before their return ; but such was the covetousness of the better sort , who were inriched there , and the fear of hunger in others , who complained for want of victuals , as they could not willingly be drawn to any farther action , to gain more reputation . the only thing that was afterwards attempted , was pharoah , a town of algarula in portugal , a place of no resistance or wealth , only famous by the library of osorius , who was bishop of that place ; which library was brought into england by us , and many of the books bestowed upon the new erected library of oxford . some prisoners were taken ; but of small account , who told us , that the greatest strength of the country was in lawgust , the chief town of argarula , twelve miles distant from thence ; because most part of the gentlemen thereabouts were gone thither , to make it good expecting our coming . this news was acceptable to my lord of essex , who preferred honor before wealth : and having had his will , and the spoil of the town of pharoah and country thereabouts : he shipped his army , and took council of the lord admiral how to proceed . my lord admiral diverted his course for lawgust , alleadging the place was strong , of no wealth , always held in the nature of a fisher-town , belonging to the portugals , who in their hearts were our friends ; that the winning of it , after so eminent a place as cadiz , could add no honor ; though it should be carried , yet it would be the loss of his best troops and gentlemen , who would rather to die , than receive indignity of a repulse . my lord of essex , much against his will , was forc'd to yield unto these reasons , and desist from that enterprise . about this time there was a general complaint for want of victuals ; which proceeded rather out of a desire that some had to be at home , than out of any necessity : for sir william monson and mr. darrel , were appointed to examine the condition of every ship , and found seven weeks victuals ( drink excepted ) which might have been supplied from the shore in water ; and this put the generals in great hope to perform something more than they had done . the only service that was now to be thought on , was to lie in wait for the carrecks , which in all probability could not escape us , though there were many doubts to the contrary ; but easily answered by men of experience : but in truth , some mens desires homeward , were so great , that no reason could prevail with , or persuade them . coming into the height of the rock , the generals took council once again , and then the earl of essex , and the lord thomas howard , offered with great earnestness , to stay out the time our victuals lasted ; and desired to have but ships furnished out of the rest to stay with them ; but this would not be granted , though the squadron of the hollanders offered voluntarily to stay . sir walter rawleigh alleadged the scarcity of victuals , and the infection of his men. my lord general essex , offered , in the greatness of his mind , and the desire he had to stay , to supply his want of men and victuals , and to exchange ships ; but all proposals were in vain : for the riches kept them that got much , from attempting more ; as if it had been otherwise pure want , though not honor would have enforced them to greater enterprises . this being the last hopes of the voyage , and being generally withstood , it was concluded to steer away for the north cape , and afterwards , to view and search the harbors of the groyn and ferrol ; and if any of the king of spain's ships chanced to be there , to give an attempt upon them . the lord admiral sent a carvel of our fleet into these two harbors , and aparrelled the men in spanish cloaths , to avoid suspicion . this carvel returned the next day , with a true relation , that there were no ships in the harbors : and now passing all places where there was any hope of doing good , our return for england was resolved upon ; and the th . of august , the lord admiral arrived in plymouth , with the greatest part of the army : and the lord general essex , who staid to accompany the st. andrew , which was under his charge , and reputed of his squadron , two days after us , the th . of august , where he found the army in that perfect health , as the like hath not been seen , for so many to go out of england , to such great enterprises , and so well to return home again . he himself rid up to the court , to advise with her majesty , about the winning of callis , which the spaniards took the easter before : here was a good opportunity , to have re-gained the ancient patrimony of england ; but the french king , thought he might with more ease re-gain it from the spaniard , who was his enemy , than recover it again from us , who were his friends . my lord admiral , with the fleet , went to the downs , where he landed , and left the charge of the navy , to sir robert dudley , and sir william monson . in going from thence to chatham , they endured more foul weather , and contrary winds , than in the whole voyage besides . a voyage to the islands , the earl of essex general , anno . ships . the mere-honor after in the repulse the lyon the warspite the garland the defiance the mary rose the hope the matthew the rainbow the bonaventure , the dreadnought the swiftsuer the antelope the nonperil the st. andrew commanders . the earl of essex . capt. under him sir robert mansell the lord thomas howard sir walter rawleigh the earl of southampton the lord mountioy sir francis vere sir richard lewson sir george carew sir will. monson sir will. harvey sir will. brooke sir gilly merick sir iohn gilbert , he went not . sir tho. vavasor capt. throgmorton . her majesty having knowledge of the king of spain's drawing down his fleet and army to the groyn and ferrol , with an intent to enter into some action against her ; and that , notwithstanding the loss of thirty six sail of his ships that were cast away upon the north cape , in their coming thither : he prepared with all possible means , to revenge the disgraces we did him the year last past at cadiz . her majesty likewise prepared to defend her self , and fitted out the most part of her ships for the sea ; but at length , perceiving his drift was more to afright than offend her , though he gave it it out otherwise , because she should provide to resist him at home , rather than to annoy him abroad . she was unwilling the great charges she had been at , should be bestowed in vain ; and therefore turned her preparations another way , than that for which she first intended them . the project of this voyage , was to assault the king of spain's shipping in the harbor of ferrol , which the queen chiefly desired to do for her own security at home ; and afterwards to go and take the islands of tercera ; and there to expect the coming home of the indian fleet. but neither of these two designs took that effect which was expected : for in our setting forth , the same day we put to sea , we were taken with a most violent storm , and contrary winds ; and the general was seperated from the fleet , and one ship from another , so that the one half of the fleet were compelled to return home , and the rest that kept the sea , having reached the coast of spain , were commanded home , by order of the lord general . thus after their return , they were to advise upon a new voyage , finding by their ships and victuals , they were unable to perform the former : whereupon it was thought convenient all the army should be discharged , for the prolonging of the victuals , except a thousand of the prime souldiers of the low countries , which were put into her majesties ships , that they might be the better prepared , if they should chance to encounter the spanish elect. thus the second time they departed england , though not without some danger of the ships , by reason of the winter 's near approach . the first land in spain we fell withal , was the north cape , the place whither our directions led us , if we happened to lose company ; being there descried from the shore , and not above leagues from the groyn , where the spanish armado lay . we were in good hopes to have enticed them out of the harbor to fight us ; but spending some time thereabouts , and finding no such disposition in them , it was thought fit no longer to linger about that coast , lest we should lose our opportunity upon the indian fleet ; therefore every captain received his directions to stand his course into degrees , there to spread our selves north and south , it being a heighth that commonly the spaniards sail in from the indies . at this time the lord general complained of a leak in his ship ; and two days after , towards midnight , he brought himself upon the lee to stop it . sir walter rawleigh , and some other ships , being a head the fleet , and it growing dark , they could not discern the lord general 's working ; but stood their course as before directed ; and through this unadvised working of my lord , they lost him and his fleet. the day following , sir walter rawleigh was informed by a pinnace he met , that the great armado , which we supposed to be in the groyn and ferrol , was gone to the islands , for the guard of the indian fleet. this pinnace , with this intelligence it gave us , sir walter rawleigh immediately sent to look out the general . my lord had no sooner received this advice , but at the very instant he directed his course to the islands , and dispatched some small vessels to sir walter rawleigh , to inform him of the suddain alteration of his course , upon the news received from him , commanding him with all expedition , to repair to flores , where he would not fail to be at our arrival . at the islands we found this intelligence utterly false : for neither the spanish ships were there , nor were expected there : we met likewise with divers english men , that came out of the indies ; but they could give us no assurance of the coming home of the fleet ; neither could we recive any advertisement from the shore , which made us half in despair of them . by that time we had watered our ships , and refreshed our selves at flores , sir walter rawleigh arrived there , who was willed by the lord general , after he was furnished of such wants as that poor island afforded , to make his repair to the island of fayal , which my lord intended to take . here grew great questions and heart-burnings against sir walter rawleigh : for he coming to fayal , and missing the lord general , and yet knowing my lord's resolution to take the island , he held it more advisable to land with those forces he had , than to expect the coming of my lord : for in that space the island might be better provided : whereupon he landed , and took it before my lord's approach . this act was held such an indignity to my lord , and urged with that vehemence , by those that hated sir walter , that if my lord , though naturally kind , and flexible , had not feared how it would have been taken in england , i think sir walter had smarted for it . from this island we went to graciosa , which did willingly relieve our wants , as far as it could ; yet with humble intreaty to forbear landing with our army , especially , because they understood there was a squadron of hollanders amongst us , who did not use to forbear cruelty wherever they came ; and here it was that we met the indian fleet , which in manner following , unluckily escaped us . the lord general having sent some men of good account into the island , to see there should be no injury offered to the portugals , he having passed his word to the contrary ; those men advertised him of four sail of ships descried from the shore , and one of them greater than the rest , seemed to be a carreck : my lord received this news with great joy , and divided his fleet into three squadrons , to be commanded by himself , the lord thomas howard , and sir walter rawleigh . the next ship to my lord , of the queen's , was the rainbow , wherein sir william monson went , who received direction from my lord to steer away south that night ; and if he should meet with any fleet , to follow them , carrying lights , or shooting off his ordnances or making any other sign that he could ; and if he met with no ships , to direct his course the next day , to the island of st. michael ; but promising that night to send ships after him . sir william besought my lord , by the pinnace that brought him this direction , that above all things he should have a care to dispatch a squadron to the road of angra in the tercera's : for it was certain , if they were spaniards , thither they would resort . whilst my lord was thus contriving his business , and ordering his squadrons , a small barque of his fleet happened to come , to him , who assured him , that those ships discovered from the land , were of his own fleet ; and that they came in immediately from them . this made my lord countermand his former direction ; only sir william monson , who was the next ship to him , and received the first command , could not be recalled back . within three hours of his departure from my lord , which might be about of the clock , he fell in company of a fleet of sail , which at the first he could not assure himself to be spaniards ; because the day before , that number of ships was missing from our fleet. here he was in a dilemma and great perplexity with himself ; for in making signs , as he was directed , if the ships proved english , it were ridiculous , and he would be exposed to scorn ; and to respite it untill morning , were as dangerous , if they were the indian fleet : for then my lord might be out of view , or of the hearing of his ordnance : therefore he resolved rather to put his person , than his ship in peril . he commanded his master to keep the weather-gage of the fleet , whatsoever should become of him ; and it blowing little wind , he betook himself to his boat , and rowed up with the fleet , demanding of whence they were : they answered , of sevil in spain ; and asked of whence he was ? he told them of england ; and that the ship in fight was a gallion of the queen 's of england , single and alone , alleadging the honor they would get by winning her ; his drift being to draw and entice them into the wake of our fleet , where they would be so entangled , as they could not escape ; they returned him some shot , and ill language ; but would not alter their course to the tercera's , whither they were bound , and where they arrived to our misfortune . sir william monson returned aboard his ship , making signs with lights , and report with his ordnance ; but all in vain : for my lord altering his course , as you have heard , stood that night to st. michaels , and passed by the north side of tercera , a farther way , than if he had gone by the way of augra , where he had met the indian fleet. when day appeared , and sir william monson was in hope to find the ships promised to be sent to him , he might discern the spanish fleet two miles and a little more a head him , and a stern him a gallion , and a pinnace betwixt them ; which putting forth her flaggs , he knew to be the earl of southampton in the garland : the pinnace was a frigat of the spanish fleet , who took the garland and the rainbow to be gallions of theirs ; but seeing the flag of the garland , she found her error , and sprang a loof , thinkink to escape ; but the earl pursued her with the loss of some time , when he should have followed the fleet ; and therefore was desired to desist from that chase by sir william monson , who sent his boat to him . by a shot from my lord , this frigat was surk ; and while his men were rifling her , sir francis vere and sir william brook came up in their two ships , who the spaniards would have made us believe were two gallions of theirs ; and so much did my lord signifie to sir william monson , wishing him to stay their coming up : for that there would be greater hope of those two ships , which there was no doubt but we were able to master , than of the fleet , for which we were too weak . but after sir william had made the two ships to be the queen's , which he ever suspected them to be , he began to pursue the spanish fleet afresh ; but by reason they were so far a head of him , and had so little way to sail , they recovered the road of tercera ; but he and the rest of the ships pursued them , and himself led the way into the harbor , where he found sharp resistance from the castle ; but yet so battered the ships , that he might see the masts of some shot by the board , and the men quit the ships ; so that there wanted nothing but a gale of wind to enable him to cut the cables of the hawsers , and to bring them off : wherefore he sent to the other great ships of ours , to desire them to attempt the cutting their cables ; but sir fra. vere rather wished his coming off , that they might take a resolution what to do . this must be rather imputed to want of experience than backwardness in him : for sir william sent him word , that if he quitted the harbor , the ships would tow near the castle ; and as the night drew on , the wind would freshen , and come more off the land , which indeed proved so , and we above a league from the road in the morning . we may say , and that truly , there was never that possibility to have undone the state of spain as now : for every royal of plate we had taken in this fleet , had been two to them , by our converting it by war upon them . none of the captains could be blamed in this business : all is to be attributed to the want of experience in my lord , and his flexible nature to be over-ruled : for the first hour he anchored at flores , and called a council , sir william monson advised him upon the reason following , after his watering , to run west , spreading his fleet north and south , so far as the eastern wind that then blew would carry them ; alleadging , that if the indian fleet came home that year , by computation of the last light moon , from which time their disimboguing in the indies , must be reckoned , they could not be above leagues short of that island ; and whensoever the wind should chop up westernly , he bearing a slack sail , they would , in a few days overtake him . this advice my lord seemed to take , but was diverted by divers gentlemen , who coming principally for land service , found themselves tired by the tediousness of the sea. certain it is , if my lord had followed his advice , within less than hours , he had made the queen owner of that fleet : for by the pilot's card , which was taken in the frigat , the spanish fleet was but leagues in traverse with that eastern wind , when my lord was at flores , which made my lord wish , the first time sir william monson repaired to him , after the escape of the fleet , that he had lost his hand so he had been ruled by him . being met aboard sir francis vere , we consulted what to do , and resolved to acquaint my lord with what had happened , desiring his presence with us , to see if there were any possibility to attempt the shipping , or surprize the island , and so to possess the treasure . my lord received this advertisement , just as he was ready with his troops to have landed in st. michaels ; but this message diverted his landing , and made him presently cast about for the islands of the tercera's , where we lay all this while expecting his coming . in his course from st. michaels , it was his hap to to take three ships that departed the havana the day after the fleet : which three ships did more than countervail the whole voyage . at my lord's meeting with us at tercera , there was a consultation how the enemies ships might be fetched off , or destroyed as they lay ; but all men with one consent , agreed the impossibility of it . the attempting the island was propounded ; but withstood for these reasons , the difficulty in landing , the strength of the island , which was increased by fourteen or fifteen hundred souldiers in the ships , and our want of victuals to abide by the siege . seeing then we were frustrate of our hopes at the tercera , we resolved upon landing in st. michaels , and arrived the day following at punta delgada , the chief city . here my lord imbarqued his small army in boats , with offer to land ; and having thereby drawn the enemies greatest force thither to resist him , suddainly he rowed to villa franca , three or four leagues distant from thence ; which , not being defended by the enemy , he took . the ships had order to abide in the road of delgada ; for that my lord made account to march thither by land ; but being on shore at villa franca , he was informed that the march was impossible , by reason of the high and craggy mountains , which diverted his purpose . victuals now grew short with us , and my lord general began discreetly to foresee the danger in abiding towards winter upon these coasts , which could not afford him an harbor , only open roads that were subject to southern winds ; and upon every such wind , he must put to sea for his safety . he considered , that if this should happen , when his troops were on shore , and he not able to reach the land in a fortnight or more , which is a thing ordinary , what a desperate case he should put himself into , especially in so great a want of victuals : and so concluding , that he had seen the end of all his hopes , by the escape of the fleet , he imbarqued himself and army , though with some difficulty , the seas were now grown so high . by this time the one half of the fleet that rid in punta delgada , put room for villa franca , and those that remained behind , being thought by a ship of brazile to be the spanish fleet , she came in amongst them , and so was betrayed : after her there followed a carreck , who had been served in the like manner ; but for the hasty and indiscreet weighing of a hollander , which made her run a shore under the castle ; when the wind lessened sir william monson weighed with the rainbow , thinking to give an attempt upon her , notwithstanding the castle ; which she perceiving , as he drew near unto her , she set her self on fire , and burned down to the very keel . she was a ship of tuns burden , that the year before was not able to double the cape of bona esperansa , in her voyage to the east indies ; but put into brazile , where she was laden with sugars , and afterwards thus destroyed . the spaniards , who presumed more upon their advantages than valors , though themselves in too weak a condition to follow us to the islands , and put their fortunes upon a days service , but subtilly devised how to intercept ns as we came home , when we had least thought or suspicion of them ; and their fleet , that was all this while in the groyn and ferrol , not daring to put forwards while they knew ours to be upon the coast , their general the adelantada came for england , with a resolution to land at falmouth , and fortifie it , and afterwards , with their ships , to keep the sea , and expect our coming home scattered . having thus cut off our sea forces , and possessing the harbor of falmouth , they thought with a second supply of levantisco's ships , which the marquess arumbullo commanded , to have returned and gained a good footing in england . these designs of theirs were not foreseen by us : for we came home scattered , as they made reckoning , not in number together . we may say , and that truly , that god fought for us : for the adalantada being within a few leagues of the island of silly , he commanded all his captains on board him to receive his directions ; but whilst they were in consultation , a violent storm took them at east , insomuch that the captains could hardly recover their ships , but in no case were able to save their boats , the storm continued so furious , and happy was he that could recover home , seeing their design thus overthrown by loss of their boats , whereby their means of landing was taken away . some who were willing to stay , and receive the farther commands of the general , kept the seas so long upon our coast , that in the end they were taken ; others put themselves into our harbors for refuge and succor ; and it is certainly known , that in this voyage the spaniards lost eighteen ships , the st. luke , and the st. bartholomew , being two and in the rank of his best gallions . we must ascribe this success to god only : for certainly the enemies designs were dangerous , and not to be diverted by our force ; but by his will , who would not suffer the spaniards in any of their attempts , to set footing in england , as we have done in all the quarters of spain , portugal , the islands , and both the indies . the lord thomas howard admiral to the downs , from whence be returned in one month , anno . ships . the elizabeth ionas the ark royal the triumph the mere-honor the repulse the garland the defiance the nonperil the lyon the rainbow the hope the foresight the mary rose the bonaventure , the crane the swiftsuer the tremontary the advantage the quittance commanders . the lord thomas howard sir walter rawleigh sir fulke grivel sir henry palmer sir tho. vavasor sir will. harvey sir will. monson sir robert cross sir richard lewson sir alexander clifford sir iohn gilbert sir tho. sherley mr. fortescue capt. troughton . capt. ionas capt. bradgate capt. slingsby capt. hoer . capt. reynolds i cannot write of any thing done in this year of . for there was never greater expectation of war , with less performance . whether it was a mistrust the one nation had of the other , or a policy held on both sides , to make peace with sword in hand , a treaty being entertained by consent of each prince , i am not to examine ; but sure i am , the preparation was on both sides very great , as if the one expected an invasion from the other ; and yet it was generally conceived , not to be intended by either ; but that ours had only relation to my lord of essex , who was then in ireland , and had a design to try his friends in england , and to be revenged of his enemies , as he pretended , and as it proved afterwards by his fall : howsoever it was , the charge was not so great as necessary : for it was commonly known , that the adalantada had drawn both his ships and gallies to the groyne ; which was not usually done , but for some action intended upon england or ireland , though he converted them after to another use , as you shall hear . the gallies were sent into the low countreys , and pass'd the narrow seas , while our ships lay there , and with the fleet the atalantada pursued the hollanders to the islands , whither he suspected they were gone . this fleet of hollanders , which consisted of sail , were the first ships that ever displayed their colors in war-like sort against the spaniards , in any action of their own : for how cruel soever the war seemed to be in holland , they maintained a peaceable trade in spain , and abused us . this first action of the hollanders at sea proved not very successful : for after the spoil of a town in the canary's , and some hurt done at the island of st. ome , they kept the sea for some seven or eight months , in which time their general and most of their men , sickned and died , and the rest returned with loss and shame . another benefit which we received by this preparation , was , that our men were now taught suddainly to arme , every man knowing his command , and how to be commanded , which before they were ignorant of : and who knows not , that sudden and false alarms in an army , are sometimes necessary ? to say truth , the expedition which was then used in drawing together so great an army by land , and rigging so great and royal a navy to sea in so little a space of time , was so admirable in other countreys , that they received a terror by it ; and many that came from beyond sea , said , the queen was never more dreaded abroad for any thing she ever did . french-men that came aboard our ships , did wonder ( as at a thing incredible ) that her majesty had rigged , victualled and furnished her royal ships to sea in days time : and spain , as an enemy , had reason to fear , and grieve to see this suddain preparation ; but more , when they understood how the hearts of her majesty's subjects joyned with their hands , being all ready to spend their dearest blood for her and her service . holland might likewise see , that if they became insolent , we could be assoon provided as they ; nor did they expect to find such celerity in any nation but themselves . it is probable too , that the king of spain , and the arch-duke , were hereby drawn to entertain thoughts of peace : for as soon as our fleet was at sea , a gentleman was sent from brussells , with some overtures , although for that time they succeeded not . however , whether it was , that the intended invasion from spain was diverted , or that her majesty was fully satisfied of my lord of essex , i know not ; but so it was , that she commanded the suddain return of her ships from sea , after they had layn three weeks or a month in the downs . sir richard lewson to the islands , anno dom. . ships . the repulse the warspight the vauntguard commanders . sir richard lewson capt. troughton capt. sommers . the last year , as you have heard , put all men in expectation of war , which yet came to nothing . this summer gave us great hope of peace ; but with the like effect : for by consent of the queen , the king of spain , and the arch-duke , their commissioners met at bulloign in piccardie , to treat of peace ; a place chosen indifferently , the french king being in league and friendship with them all . whether this treaty were intended but in shew only , or , that they were out of hopes , to come to any conclusion ; or , what else was the true and real cause of its breaking off so suddenly , i know not ; but the pretence was but slender , for there grew a difference about precedency , betwixt the two crowns , though it was ever due to england ; and so the hopes of peace were frustrated , though had it been really intended , matters might easily have been accommodated . the queen suspecting the event hereof , before their meeting , and the rather , because the spaniards entertained her with the like treaty , in when at the same instant , his navy appeared upon her coast to invade her ; therefore , least she should be guilty of too great security , in relying upon the success of this doubtful treaty , she furnished the three ships before named , under pretence to guard the western coast , which at that time was infested by the dunkirkers . and because there should be the less notice taken , part of the victuals was provided at plymouth ; and sir richard lewson , who was then admiral of the narrow seas , was appointed general , for the more secret carriage of the business ; so as it could not be conjectured , either by their victualling , or by their captain , being admiral of the narrow seas , that it was a service from home . as they were in a readiness at plymouth , expecting orders , the queen being fully satisfied , that the treaty of bulloign would break off without effect , she commanded sir richard lewson to hasten to the islands , there to expect the carrecks , and mexico fleet. the spaniards on the other side , being as circumspect to prevent a mischief , as we were subtil to contrive it ; and believing ( as we did ) that the treaty of peace would prove a vain , hopeless shew of what was never meant , they furnished eighteen tall ships to the islands , as they had usually done , since the year . the general of this fleet was don diego de borachero . our ships coming to the islands , they and the spaniards had intelligence of one another , but not the sight , for that sir richard lewson hailed sixty leagues westward , not only to avoid them , but in hopes to meet with the carrecks , and mexico fleet , before they could join them : but the carrecks being formerly warned by the taking of one of them , and burning of another , in . had ever since that year , endeavored to shun the sight of that island ; so that our fleet being now prevented , as they had often before been , ( nothing being more uncertain , than actions at sea , where ships are to meet one another casually ) they returned home , having consumed time and victuals , to no purpose , and seen not so much as one sail , from the time they quitted the coast of england , till their return , two ships of holland excepted , that came from the east indies ( for then began their trade thither ) which ships sir richard lewson relieved , finding them in great distress and want . sir richard lewson into ireland , anno . ships . the warsight the garland the defiance the swiftsuer the crane commanders . sir richard lewson sir amias preston capt. goer capt. sommers capt. mainwaring in the year . and part of the year . there was a kind of cessation from arms , though not by agreement , for this year gave a hope of peace ; which failing , the former course of annoying each other was revived ; we in relieving the low countries , the spaniards in assisting the rebels in ireland . this was the summer , that the arch-duke besieged ostend , which was bravely defended , but principally , by the supplies out of england . and towards winter , when the spaniards thought we least looked for war , don diego de borachero , with sail of ships , and soldiers was sent to invade ireland . in his way thither he lost the company of his vice-admiral , siriago , who returned to the groyn , which when the king heard , he was much distasted with siriago , and commanded him upon his allegiance , to hasten with all speed for ireland , as he was formerly directed ; don diego , his landing being known in england , when it was too late to prevent it ; yet , least he should be supplied with further forces , sir richard lewson valiantly entred the harbor , drew near their fortifications , and fought the enemy for the space of one whole day , his ship being an hundred times shot through , and yet but eight men slain . god so blest him , that he prevailed in his enterprize , destroyed their whole shipping , and made siriago fly by land into another harbor , where he obscurely imbarqued himself in a french vessel , for spain . all this while was the main army , which landed with their general , don iuan de aquila , seated in kinsale , expecting the aid of tyroen , who promised every day to be with him . our army commanded by the lord montjoy , lord deputy of ireland , besieged the town , so that he prevented their meeting , and many skirmishes past betwixt them . the siege continued , with great miseries to both the armies , and not without cause , considering the season of the year , and the condition of the country , that afforded little relief to either : some few days before christmas , tyroen appeared with his forces , which was some little heartning to the enemy , in hopes to be freed of their imprisonment , for so may i call it , they were so strictly beleagured . the day of agreement , betwixt the spaniards and tyroen , was christmas eve , on which day , there happened an earthquake in england ; and , as many times such signs prove aut bonum , aut malum omen ; this proved fortunate to us , the victory being obtained , with so little loss , as it is almost incredible . this was the day of tryal , whether ireland should continue a parcel of our crown , or no ; for if the enemy had prevailed in the battel , and a treaty had not afterwards obtained more then force , it was to be feared , ireland would hardly have been ever recovered . the spaniards in ireland , seeing the success of tyroen , and the impossibility for him to re-inforce his army , being hopeless of supplies out of spain , and their poverty daily increasing , they made offers of a parly , which was granted , and after ensued a peace there : the conditions whereof are extant in print . they were furnished with ships , and secured of their passage into spain , where arriving in english vessels , the ships returned back for england . sir richard lewson , and sir william monson , to the coast of spain , anno . ships . the repulse the garland the defiance the mary rose the warspight the nonperil the dreadnought the adventure the english carvel commanders . sir richard lewson , admiral sir will. monson , vice-admiral . capt. goer capt. slingsby capt. sommers capt. reynolds capt. mainwaring capt. trevor capt. sawkel the last attempt of the spaniards in ireland awakened the queen , who , it seemeth for two or three years together , entertained the hopes of peace , and therefore was sparing in setting forth her fleets . but now perceiving the enemy had found the way into ireland ; and that it behoved her to be more vigilant than ever ; she resolved , as the safest course to infest the spanish coasts with a continual fleet ; and in this year furnished the ships aforesaid , having promise from the states of holland , to joyn to them twelve sail of theirs ; and because this important service required great speed , she had not time enough to man them , or supply them with provisions altogether so well as they were usually wont to be ; but was content with what could be gotten in so short a warning , so desirous was she to see her ships at sea. sir richard lewson set sail with five of them the th . of march , and left sir william monson behind with the other four , to attend the coming of the hollanders : though within two or three days after , sir william received command from the queen , to hasten with all speed to sir richard lewson ; for that she was advertised , that the silver ships were arrived at the tercera's . sir william monson hereupon neglected no time , nor stayed either to see himself better manned , or his ships better furnished ; but put to sea the th . of march. this intelligence of the queen 's was true : for the plate fleet had been at the tercera's , and departing from thence , in their course for spain , sir richard lewson , with his few ships , met them ; but to little purpose , wanting the rest of his fleet , and the help of the hollanders . we may very well account this not the least error or negligence that hath been committed in our voyages : for if the hollanders had kept touch according to promise , and the queen's ships had been fitted out with care , we had made her majesty mistress of more treasure than any of her progenitors ever enjoyed . sir richard lewson's design against the indian fleet , notwithstanding his renowned valor , being thus frustrated , and by the hollanders slackness crossed , he plied towards the rock , to meet sir william monson , as the place resolved on between them ; but sir william having spent days thereabouts , and hearing no tidings of him , went round to the southward cape , where he was likewise frustrated of a most promising hope : for meeting with certain french-men and scots , at the same instant , he descried three ships of ours , sent by sir richard to look him . these french and scottish ships came from st. lucas , and made report of five gallions , ready the next tide to set sail for the indies : they likewise told him of two others that departed three days before , wherein went don petro de valdes , to be governor of the havana , who had sometimes been prisoner in england . these two later ships were met one night by the warspight , whereof capt. sommers was commander ; but whether it was by the darkness of the night , or by what other casualty ( for the sea is subject to many ) i know not , but they escaped . this news of the five gallions , and the three ships of the queen 's so happily meeting together , made sir william direct his course into the heighth wherein the spaniards were most likely to sail in ; and coming into that heighth , he had sight of five ships , which in respect of their number and course , he made reckoning to be the five gallions ; and thought that day should fully determine and try the difference between the strength and puissance of the english and spanish ships , their number and greatness being equal : but his joy was soon quailed : for coming up with them , he found them to be english ships coming out of the streights , and bound home ; but yet this did not discourage the hope he had conceived that the spaniards might be met withall ; and the next day he gave chase to one ship alone that came out of the indies , which he took , though he had been better without her : for she brought him so far to leeward , that that night the gallions passed to wind-ward , not above eight or ten leagues off us , by report of an english pinnace that met them , who came into our company the day following . these misfortunes lighting first upon sir richard , and after upon sir william , might have been sufficient reasons to discourage them ; but they knowing the accidents of the sea , and that fortune could as well laugh as weep , having good ships under foot , their men sound and in health , and plenty of victuals , they did not doubt but that some of the wealth which the indies sent forth into spain would fall to their shares . upon tuesday , the first of iune , to begin our new fortune with a new month , sir richard lewson and sir william monson , who some few nights before had met accidentally in the sea , were close on board the rock , where they took two ships of the east country , bound for lisbon ; and while they were romaging these ships , they descried a carvel from cape picher bearing with them ; which by signs she made , they perceived had a desire to speak with them . sir richard immediately chased her , and left sir william with the two easterlings to abide about the rock till his return . the carvel being fetcht up , made a relation of a carreck and gallies to be in cisembre road ; and that she was sent by two ships of ours , the nonperil and the dreadnought which lay thereabouts to look out the admiral . with what joy this news was apprehended may be easily imagined : sir richard made signs to sir william to stand with him ; and lest he should not be discerned , he caused the carvel to ply up with him , wishing him to repair to him ; but before they could approach the cape , it was midnight , and nothing chanced all that time , but the exchanging of some shot , that passed betwixt the admiral and the gallies . upon wednesday , the second of june , every man looked early in the morning what ships of her majesties were in sight , which were five in number , the warspight , wherein sir richard was : for the repulse he had sent for england some few days before , by reason of a leak ; the garland , the nonperil , the dreadnought , and the adventure , besides the two easterlings taken the day before . all the captains resorted on board the admiral , to councel , which took up most part of the day . at first there was an opposition by some , who alleadged the danger and impossibility of taking the carreck , being defended by the castle and gallies : but sir william monson prevailed so far , as that all consented to go upon her the next day , and concluded upon this course following , that he and sir richard should anchor as near the carreck as they could , the rest to ply up and down , and not anchor . sir william was glad of this occasion , to be revenged of the gallies , hoping to requite the slavery they put him to when he was prisoner in them ; and singled himself from the fleet a league , that the gallies might see it was in defiance of them ; and so the marquess of st. cruz , and frederick spaniola , the one general of the portugal , the other of the spanish gallies , apprehended it , and came forth with an intent to fight him ; but being within shot , were diverted by one john bedford an english-man , who undertook to know the force of the ship , and sir william that commanded her . before i go farther , i will a little digress , and acquaint you with the scituation of the town , and the manner of placing the gallies against us . the town of cisembre lieth in the bottom of a road , which is a good succor for ships with a northerly wind. it is built with free-stone , and near the sea is erected a strong and spacious fort , well replenished with ordnance : above the town , upon the top of a hill , is seated an ancient , strong fryery , whose scituation maketh if impregnable , and able to command the town , castle and road ; close to the shore lay the carreck , like a bullwork to the west side of the castle ; so as it defended both that , and the east part of the town : the gallies had flancked and fortified themselves with the small neck of a rock on the west side of the road , with their prows right forward , to play upon us , every one carrying a cannon in their cruzia , besides other pieces in their prows ; and they were no way to be damaged by us , till our ships came so nigh the town , that all these forces might play upon us in one instant . the gallies being placed to this great advantage , they made account ( as a captain of one of them we took confess'd ) to have sunk our ships of themselves , without any farther help . we saw the tents pitched , and great troops of souldiers drawn together ; which was no less than the whole country in arms against us : the boats pass'd betwixt the shore and the carreck all the day long , which we supposed was to unlade her ; but we found afterwards it was rather to strengthen her with men and munition : here appeared many difficulties and dangers , and little hope of taking her ; but rather of sinking or burning her , as most men conjectured . the danger from the gallies was great , they being flancked with the point of a rock at our entrance , as you have heard , it being likewise calm , and they shooting low : another danger was , that of the wind : for if it had come from the sea , the road being open , and the bay deep , our attempt must have been in vain . and notwithstanding these , and many more apparently seen ; and that there was no man but imagined , that most of the carrecks lading was on shoar , and that they would hale her on ground , under the castle , where no ship of ours should be able to fleet to her ; all which objections , with many more , were alleadged , yet they little prevailed , procrastination was perilous , and therefore with all expedition , they thought convenient to charge the town , the fort , the gallies , and carreck , all at one instant . and they had determined , if the carreck had been on ground , or so nigh the shoar , that the queens ships could not fleet to her , that the two easterlings , the day before taken , should board her , and burn her . thursday the third day , early in the morning , every man commending himself to god's tuition and protection , expected when to begin , according to the agreement the day before . a gale of wind happening about ten of the clock , the admiral weighed ; shot off a warning-piece , and put forth his flag in the maintop : the vice-admiral did the like in his foretop , according to the custome of the sea ; every captain encouraged his men , which so imboldened them , as though they were grown weak and feeble before , they were now revived , and bestirred themselves , as if a new spirit had been infused into them ; the admiral was the first that gave the charge , after him followed the rest of the ships , shewing great valor , and gaining great honor ; the last of all , was the vice-admiral , at whose entrance into the fight , he still strived to get up as near the shoar as he could , where he came to an anchor , continually fighting with the town , the fort , the gallies , and carreck , all together , for he brought them betwixt him , that he might play both his broad sides upon them ; there might be seen the prowess of the gallies , swim by the sides of them , the slaves forsake them , and every thing in confusion amongst them , and thus they fought , till five of the clock in the afternoon . the vice-admiral was anchored to such an advantage , as the gallies rowed from one side to another , seeking to shun him , which sir richard lewson observing , came on board him , and openly , in the view and hearing of his whole company , imbraced him , and told him , he had won his heart for ever . the rest of the ships , as they were directed , plied up , except the admiral , who by the negligence of his master , or some other impediment , when he should have anchored , fell so far to leeward , as the wind and tide carried him out of the road , so that it was the next day , before his ship could be fetcht in again ; whereat the admiral was much inraged , and put himself into the dreadnought , and brought her to an anchor close to the vice-admiral , about two of the clock in the afternoon : there was no opportunity let pass , for where the admiral saw defect in any other ship , he presently caused it to be supplied , and the easterlings , who were appointed to board the carrek , beginning to faint , and fail of observing the directions given them , the vice-admiral perceiving it , went on board them himself , vowing , that if they seemed backward in putting in execution the design of firing the carreck , they should look for as little life from the english , as they could expect from the enemy . whilst the vice-admiral was thus ordering things , sir richard lewson came to him , and would in no case suffer him to board the carreck himself , but carried him into the dreadnought , where they consulted how to preserve the carreck , and enjoy her . the result of this reference was , to offer her parley , which they presently put in practice , and commanded all the ships to leave shooting , until the return of the messenger : the man imployed , was one captain sewell , who had escaped ▪ and swam to us , having been four years prisoner in the gallies , and so did many turks and christians ; the effect of this parley , was to persuade them to yield , promising honorable conditions , and he was to intimate , as from himself , that the gallies , whose strength they presumed upon , were beaten , some burnt , the rest fled ; that we had the possession of the road , the castle not being able to abide our ordinance , much less the carreck , and if they refused this offer of mercy , they were to expect all the cruelty and rigor , that a conpueror could impose upon his enemy : after some conference to this effect , the captain of the carreck told him , he would send some gentlemen of quality , with commission to treat , and desired , that some of the like quality from us , might repair to him , to the same purpose . these gentlemen came aboard the dreadnought , where the admiral and vice-admiral were , attending the return and success of captain sewell ; after the delivery of their message , they would needs hasten on board the carreck again , for that , as it seemed , there was an uproar and a division in her , some being of opinion to entertain a parley , others to save themselves , and set her on fire : which sir william monson hearing , without further delay , or conference , with sir richard , what was to be done , he leaped suddenly into his boat , and rowed unto the carreck ; when he drew near to her , he was known by diverse gentlemen on board her , he having once been a prisoner among them : they seemed to be very glad of this meeting , and their passed diverse imbracements between them , in remembrance of their old acquaintance : the captain was called don diego de lobo , a gallant young gentleman , of a noble house . he descended down upon the bend of the ship , and commanded his men to stand aside ; sir william did the like to his company , in the boat ; the captain demanded of him , if he had the portugal language ; he told him , he had sufficient to treat of that business ; acquainted him of the place he commanded in the fleet , intimated the affection and respect he bore the portugal nation , and that the treaty which was offered , proceeded out of his motion , and wished him to make his proposals , which were as followeth , the first demand he made , was , that they should be safely put on shoar with their arms. the second , that it should be done the same night . the third , that they should enjoy their ship and ordinance , as appertaining to the king , but we the wealth . the fourth , that the flag and ancient should not be taken down , but worn while the carreck was unlading . his speech being ended , sir william told him , that his demands gave suspition , that under pretence of parley , they meant treachery , or that their hopes were greater , than there was cause ; and , but that he knew it was the use of some men , to demand great things , when less will serve them , he would not lose his advantage , to entertain a parley ; he desired , that what they intended , might be quickly concluded , for night growing on , might advantage them ; and for his resolution , he should understand it in few words , viz. to his first demand , he was willing to yeild , that they should be put on shoar with their arms. to the second , that he was contented , that they should be set on shoar that night , except eight or ten of the principal gentlemen , whom he would detain three days . to the third , he held it idle and frivolous , to imagine , he would consent to separate ship and goods , and esteemed it por cosa de burla . to the fourth , he would not consent , being resolved , never to permit a spanish flag to be worn in the presence of the queens ships , unless it were disgracefully , over the poop . there was long expostulations upon these points , and sir william monson seeing the obstinacy of the captain , offered , in a great rage , to leap into his boat , resolving to break the treaty , which the rest of the gentlemen perceiving , and that he had propounded nothing but what might very well stand with their reputation , they intreated him once more to ascend into the carreck , and they would enter into new capitulations : the effect whereof , as it was agreed upon , were these that follow ; that a messenger should be sent to the admiral , to have his confirmation of the points concluded on ; and that in the mean time the flag and ancient should be taken down ; and if the admiral should not consent to the agreement , they to have leisure to put out their flag and ancient tofore the fight should begin . that the company should be presently set on shore ; but the captain , with eight other of the principal gentlemen three days after . that the ship with her goods , should be surrendered without any practice or treason . that they should use their endeavors , that the castle should forbear shooting whilst we rid in the road ; and this was the effect of the conditions agreed upon . this carreck wintered in mosambicke , in her return from the indies , a place of great infection , as appeared by the mortality among them : for of and odd men , twenty of them lived not to return home . after a great deal of calamity and mortality , she arrived at this port of cisembre , as you have heard ▪ the viceroy of portugal , having sent gallies to her rescue , and mocas de camera , which is a title of gentlemen that serve the king upon any honourable occasion , when they are commanded . that she was brought to this pass , and forc'd to yield on these conditions , sir robert cecil was wont to impute to the gentlemens acquaintance with sir william monson . although three days were limited for setting the captain on shore , yet it was held discretion not to detain them longer than untill the carreck was brought off safely to our ships ; and therefore sir william monson having carried the captain , and the rest of the gentlemen on board him , where they supped , had variety of musick , and spent the night in great jollity ; the morning following , accompanied them on shore himself , whither the conde de vitagera had drawn down all the force of the whole country , amounting to the number of men . i must not omit to describe the behavior of the gallies in the fight , that every man may have that honor that is due to him : those of portugal , being of the squadron of the marquess of st. cruz , betook themselves , with their general , to flight in the middle of the fight ; but frederico spinola , who was to convey his gallies out of spain into the low countreys , followed not the example of the marquess , but made good the road ; which the other seeing , with shame returned ; but to both their costs : for before they departed , they found the climate so hot , as they were forc'd to fly , their gallies being so miserably beaten , and their slaves so pitifully slain , as there wanted nothing but boats to possess them all , as well as the two we took and burnt ; which is a thing hath been seldom seen or heard of , for ships to take and destroy gallies . the number of men slain in the town , the castle , the carreck and gallies , are unknown , though they could not chuse but be many ; the wealth of the carreck could then as ill be estimated , though after found to be great ; the value of the two gallies burnt with their loading of powder , is hard to judge , though it 's known to have been a service of great importance . for our loss , it was not much , only one man killed in the fly-boat , five slain , and as many hurt in the garland , and one hurt in the adventure : sir william monson had the left wing of his doublet shot off , but received no other hurt . the day following , with a favourable wind , we stood our course for england , which brought us into degrees ; and there we met a pinnace , sent with a pacquet from the lords , signifying the readiness of a second fleet to supply us , and the setting out of the hollanders , which were so long looked for ; which fleet of holland was in view of the pinnace the same night ; but pass'd by us unseen . this unlooked for accident made the admiral and vice-admiral consider what to do , and concluded , they could not both appear at home , and have a fleet of so great importance upon the enemies coast without a guide or head ; and therefore they held it fit the vice-admiral should put himself into the nonperil , as the ablest ship of the fleet , and make his return once more to the coast of spain ; but he having taken his leave , and standing his course for the coast , a most violent storm , with a contrary wind took him , which continued ten days , and discovered the weakness of his ship , who had like to have foundered in the deep . the carpenters and company seeing the apparent danger , if he bore not up before the wind , presented him with a petition , beseeching him to have a regard to their lives ; for by keeping the seas they should all perish . thus was he forc'd by mere extremity to bear room for england ; and coming for plymouth , he found the carreck safely arrived , and the fleet he went back to take charge of , not to have quitted the coast of england . though it be somewhat impertinent to this voyage , to treat of more than the success thereof ; yet i will a little digress , and relate the mishap of that worthy young gentleman don diego de lobo , captain of the carreck ; and because his worth will more appear by his answer to sir william monson's offer to him when he was his prisoner ; thus it was : sir william monson told him , he doubted , that by the loss of the carreck , he had lost his best means ; for that he supposed , what he had gained in the indies , was laden in her ; and therefore offered , that what he would challenge upon his reputation to be his own , he should have freedom to carry along with him . the gentleman acknowledged the favor to be extraordinary ; but replied , that what he had , he had gained by his sword ; and that his sword , he doubted not , would repair his fortunes again , utterly refusing to accept any courtesie in that kind : but , poor gentleman , ill fortune thus left him not : for the viceroy , don cristoball de moro , holding it for a great indignity to have the carreck taken out of the port , that was defended by a castle , and guarded with gallies , and especially in his hearing of the ordnance to lisbon , and in the view of thousands of people who beheld it ; some of them feeling it too , by the loss of their goods that were in her , others grieving for the death of their friends that were slain ; but every man finding himself touched in reputation . the names of the carrecks and eleven gallies . the st. valentine , a carreck of one thousand seven hundred tuns . the christopher , the admiral of portugal , wherein the marquess de sancta cruz went. the st. lewis , wherein frederick spinola went general of the gallies of spain . the forteleza , vice-admiral to the marquess . the trividad , vice-admiral to frederick spinola , burnt . the snis , in which sir william monson was prisoner , . the occasion burnt , and the captain taken prisoner . the st. john baptist. the lazear . the padillar . the philip. the st. john. and the viceroy not knowing how to clear himself so well , as the laying it upon the gentlemen he put on board her , the same night they returned to their lodging , he caused the most part of them , with their captain , to be apprehended , imputing the loss of the carreck to their cowardise and fear , if not treason and connivance with the enemy . after some time of imprisonment , by mediation of friends , all the gentlemen were released but the captain , who received secret advice , that the viceroy intended his death , and that he should seek by escape to prevent it . don diego being thus perplexed , practised with his sister , who finding means for his escape out of a window , he fled into italy , where he lived in exile , from . when this happened , untill . his government in the indies , for which he had a patent in reversion , was confiscate , and he lest hopeless ever to return into his native country , much less to be restored to his command ; an ill welcome after so long and painful a navigation . having thus spent thirteen years in exile , at the last he advised with friends , whose councel he followed , to repair into england , there to enquire after some commanders , that had been at the taking of the carreck , by whose certificate he might be cleared of cowardise or treason in the loss of her , which would be a good motive to restore him to his government again . in the year . he arrived in london , and after some enquiry found out sir william monson , to whom he complained of his hard ▪ mishap , craving the assistance of him and some others , whom sir william knew to be at the taking of the carreck , and desired him to testifie the manner of surprizing her , which he alleadged , was no more than one gentleman was bound to afford another in such a case . sir william wondered to see him , and especially upon such an occasion : for the present , he entertained him with all courtesie ; and the longer his stay was in england , the courtesies were the greater , which sir william did him . sir william procured him a true and effectual certificate from himself , sir francis howard , captain barlow , and some others who were witnesses of that service ; and to give it the more reputation , he caused it to be inrolled in the office of the admiralty . the gentleman being well satisfied with his entertainment , and having what he desired , returned to flanders , where he presented his certificate to the arch-duke and the infanta , by whose means he got assurance , not only of the king's favor , but of restitution likewise to his government . the poor gentleman having been thus tossed by the waves of calamity , from one country to another , and never finding rest ; death that masters all men , now cut him off short , in the midst of his hopes , as he was preparing his journy for spain ; and this was an end of an unfortunate gallant young gentleman , whose deserts might justly have challenged a better reward , if god had pleased to afford it him . sir william monson to the coast of spain , anno . ships . the swiftsuer the mary rose the dreadnought the adventure the answer the quittance the lions whelp the paragon , a merchant . a small carvel commanders . sir will. monson capt. trevers capt. cawfield capt. norris capt. brodgate capt. browne capt. may capt. iason capt. hooper the fleet of sir richard lewson being happily returned , with the fortune of a carreck , as you have heard , and the queen having now no ships upon the spanish coast , to impeach the enemies preparations , she feared , the fleet which was ready at the groyne , would give a second assault upon ireland ; whereupon sir william monson , who by this time was arrived at plymouth , was sent for in great haste , by her majesty , to advise about , and take on him the charge of the fleet , then at plymouth . after a long conference with sir william monson , in the presence of her majesty , her lord admiral , treasurer , and secretary , it was resolved , that sir william should repair to plymouth , and with all speed get forth those ships , and others that were there making ready . his directions were , to present himself before the harbor of the groyne , being the place where the spaniards made their randevouz , and if he found any likelihood of a design upon ireland , not to quit that coast untill he saw the issue , but if he found ireland secure , and the enemies preparations to be intended only for defence of their own coasts , then his instructions led him thence , to the place where the holland fleet had order to attend , and expect him ; and afterwards , the whole carriage of the action was referred to his discretion , but with this caution , that above all respects of other profit or advantage , he attended the affair of ireland . the wind this part of the summer hung contrary , and it was six weeks before he could clear the coast , during which time , he lost his greatest hopes , by the return of the carrecks of the indian fleet , which happened a full month before his arrival : he set sail from plymouth the last of august , with a scant wind , which continued with foul weather , untill he recovered the groyne , choosing rather to keep the sea , then hazard the overthrow of the voyage by his return . he stayed at the groyne , until he understood that the fleet which was suspected to be prepared for ireland , was gone to lisbone , to join with don diego de borachero , who all that summer durst not budge forth , for fear of our fleet , that made good the coast thereabouts : sir william in his way to the rock , commanded his carvel to repair to the islands of bayon , as the likeliest place to procure intelligence of the state of those parts ; as the carvel drew near the islands , he discerned the spanish fleet , consisting of twenty four sail , whose design was , as she understood by a boat she took , to look out the english fleet , whose comming they daily expected upon the coast ; and meeting sir william with this news , he held it a good service to be thus warned of them . here he took two goodly ships of france , bound for lisbone , which harbor he put them from , and took pledges , that they should directly return into france , without touching in any harbor of spain , for that he understood , the spanish fleet was ill provided of men , and many other things which these ships could supply . sir william and the dreadnought , were carried with a chase into the road of cisimbre , where the carreck was taken not long before , and after some fight with the castle , who defended the vessel chased , they came to a friendly treaty , and presents past between them . that night , while the admiral rid in the road , a carvel comming in , not mistrusting him , was taken , but dismissed in a friendly manner ; by whom he understood the affairs of lisbone , but could get no notice of the holland fleet , which was appointed to attend at the rock , whither once more he repaired . coming thither the th of september , a light was espied in the night , which the admiral chased , thinking it had been the fleet of st. omer , or brazil , bound for lisbone , where they were expected ; but drawing so near them , that he might hail them , he found them , by the hugeness of their vessels , and the number which answered the relation the carvel made , to be the armado of spain : whereupon he sought means how to clear himself , being ingaged amongst them , and made a spaniard which served him call to them , but they could not hear him ; the adventure only , and the whelp , were left with him , the rest losing company , four nights before in a storm ; the enemy perceiving our lights , and thinking it to be some fleet of flemmings , stood in amongst us , but the adventure being discovered to be an enemy , the alarum was soon taken , and they shot at her , and slew and hurt some of her men ; as soon as the day appeared , the spaniards beheld the three enlish ships a head them , which they chased , and three of them , which were better of sail than the rest , fetcht upon us , and drew near the whelp , who was of small force to resist them . but the admiral resolving , though it was to his own evident peril , not to see a pinnace of her majesties so lost , if so be he could rescue her with the loss of his life , though it was much against the persuasions of his master , and company , he stroak his two sails for the whelp , and commanded her to stand her course , while he staid for the three spanish ships , with hope to make them have little list to pursue us : the admiral of the spaniards perceiving how little he cared for his three ships , in that he lingered for their coming up , took in with the shoar , and shot off a peice for his three ships to follow him . it may appear by this , as by several other expeditions of ours , how much the swift sailing of ships doth avail , being the principal advantage in sea service , and indeed the main thing we could presume upon , in our war against the spaniards . sir william having thus escaped the enemy , in his traverse at sea , there happened , as there doth upon all coasts , where there is plenty of trade , divers occasions of chases ; and one day sir william following one ship , and the adventure another , they lost company for the whole voyage . sir william was advertised by a ship he took , being a frenchman , who came from st. lucas , that the st. domingo fleet was looked for daily , which intelligence made him bear up for the south cape , as well in hopes to meet with them , as to have news of his fleet. he was no sooner come to the cape , but he was informed by some english men of war , that the domingo fleet was past by two days before ; here he met with ships of several nations , some he rescued from pirats , and to others that were in league with her majesty , he gave his safe conduct , for their free passage on the sea ; he kept that coast until the th of october , on which morning he gave chase to a gallion of the king of spain , who recovered the castle of cape sacre , before he could fetch her up ; although he knew the strength of the castle , yet he attempted , and had carried her , had it not been for the fear and cowardize of him at the helm , who bore up , when he was ready to board her : the fight was not long , but sharp and dangerous , for there never past shot between them , till they were within a ships length one of another : the castle plaid her part , and tore his ship , so that a man might have crept through her : between the castle and gallion , they slew in the admiral ten men , and hurt many more , in the view of sireago and his quadron , to the westward , and of divers english men of war , to the eastward , who durst not put themselves upon the rescue of sir william , for fear of the castle : sir william being now left alone , and seeing what head land soever he came unto , he was to encounter a spanish squadron , stood his course that night to sea , thinking to try , if the islands of terceras would afford him any better fortune , but coming within forty or fifty leagues of the islands , he was taken short with the wind , yet still bearing up what he could for the rock ; but at length finding his victuals grew short , his mast perished , and the dangers he was exposed to , by keeping that coast , he directed his course for england , and came to plymouth , the th of november , where he found the mary-rose and dreadnought , most part of their men being dead or sick . the adventure arrived within an hour after him , who in her way homewards fell , fell amongst the braizl fleet , and encountring with them , lost divers men , but took none : the paragon was at home long before , with a prize of sugar , and spices , which countervailed the charge of the voyage . the quittance in her return , met two ships of dunkirk , and in fight with them , her captain was slain , but she acquitted her self very well , without further harm . this fleet , as you have heard , was to keep the enemy busied at home , that he might be diverted from the thoughts of ireland ; what hazard it endured by the enemy , the fury of the sea , and soul weather , doth appear ; and no marvel ; for it was the latest fleet in winter , that ever kept upon the spanish coast , as it was likewise the last fleet her majesty imployed ; for in march after she died , and by her death all war ceased . as sir william monson was general of this last fleet , so was he a soldier , and a youth , at the beginning of the wars , and was at the taking of the first spanish prize , that ever saw the english coast , which yet was purchased with the loss of twenty five of our men , besides fifty hurt . this prize was afterwards a man of war , and served against the spaniards , and was in those days reckoned the best ship of war we had ; she was called the commander , and belonged to sir george carew , then governor of the isle of wight . sir richard lewson and sir william monson into the narrow seas , anno . ships . the repulse the mere-honor the defiance the warspight the rainbow the dreadnought the quittance the lyons whelp commanders . sir richard lewson sir william monson capt. goer capt. seymers capt. trevor capt. reynolds capt. howard capt. polwheele sir william monson returning with his fleet , in november , there was a resolution to furnish another against february , which should be recruited with fresh ships , men and victuals in june . sir richard lewson was to command the former fleet , and sir william monson the later : for the queen found it a course both secure and profitable , to keep a continual force upon the spanish coast , from february to november , that being the time of greatest peril to her majesty ; and she was the rather encouraged thereto , by the safty she found the last summer , and the wealth and riches she had from time to time taken from the enemy . the complaint of the ill furnishing out of her ships in other voyages , made it more carefully to be look'd unto now , and there was better choice of victuals and men than usually had been ; but in the mean time , it pleased god to visit her majesty with sickness , which caused a ling'ring , though no absolute dissolving of the fleet ; but when her danger was perceived to increase . the ships were hastened out to sea , it being a point of good policy , to keep our seas guarded from any forreign attempt , untill his majesty should be peaceably settled in england . this fleet departed from quinborough the th . of march , and arrived in the downs the th . of the same , being the day after her majesties death : the news whereof , and commandment to proclaim king james the sixth of scotland , our lawful king , and the rightful inheritor to the crown , arrived both together ; which put us into two contrary passions , the one of grief , the other of joy : grief for the loss of the queen , joy for ▪ accepting of the king in that peaceable manner , which was a happiness beyond all expectation , either at home or abroad . as the design of this fleet was to guard and defend our own coasts from any incursion that might be made out of france or the low countreys ; so the commanders were vigilant to appear on those coasts once in two days , to dishearten them , in case they had any such thought ; but the truth is , it was beyond their abilities , whatever was in their hearts to impugn his majesty . and because the arch-duke would make the candidness of his intention apparent to the world , he called in his letters of reprizal against the english ; and published an edict for a free and unmolested traffick into flanders : so that now our merchants might again trade peaceably into those parts from which they had been debarred the space of eighteen years . the king finding , that france neither impeached his right , nor gave any jealousie by the raising of an army ; and that the arch-duke made a demonstration of his desire of peace , his majesty did the like , acknowledging the league he had with those princes , with whom the late queen had wars : for wars betwixt countreys are not hereditary ; but commonly end with the death of their kings : wherefore he commanded his ships to give over their southern employment , and to repair to chatham , giving manifest testimonies , how desirous he was that his subjects should recover that wealth and freedom by peace , which they had formerly lost by war. finis . truth seeks no corners, or, advice from a non-interessed souldier to his loving fellow-souldiers that were under fleetwood and lambert. e. s. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) truth seeks no corners, or, advice from a non-interessed souldier to his loving fellow-souldiers that were under fleetwood and lambert. e. s. p. printed by thomas creake, london : . postscript signed : e.s. reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -- army. a r (wing t a). civilwar no truth seeks no corners: or advice from a non-interessed souldier to his loving fellow-souldiers that were under fleetwood and lambert. e. s a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion truth seeks no corners : or advice from a non-interessed souldier to his loving fellow-souldiers that were under fleetwood and lambert . london , printed by thomas creake . . gentlemen , and fellow-souldiers , having for these twenty years , been imploy'd in marshall discipline , and carefully observed the practices of some officers late of the army , with grief i expresse the many injuries and unparrallel'd cruelties exercised on persons deserving so much honour and affection from them as you have done ; is the onely cause that drew me to this ! and no sinister or byast-interest whatsoever ; having always valued the peace and welfare of the nation , far above my own concernments . and now perceiving that there are strong endeavours once more to make these nations and yourselves miserable , by continuation of a war ; and that there are not wanting those who labour to perswade you that your interest lies in adhering to some officers late of the army ; who have made shipwrack of all oaths and engagments , through whose breach of faith you are become contemptible to all nations ; who are so far from making a reconciliation towards god or man by an unfeined repentance , and turning from the evil of their practices , that they with their instruments , palliate their fowl enormities , endeavouring by all means possible to destroy the honour of all your actions , by adhering to them whose power is will , whose justice is cruelty , whose laws are confusion , whose religion is the seat of rebellion , whose designe can have no other end then tyranny , and to involve you and yours in perpetual slavery . therefore fellow souldiers , let us look back and survey their by past practices , and we shall find there was never oath or promise kept farther then served their own interest . did not most of those officers ( by gods mercy ) now cashier'd the army , purchase your debenters ( the price of blood ) from two shillings to a noble in the pound , to enrich themselves , and perpetuate your slavery . and through their cruelty many of our fellow souldiers , which were wounded in battle and made unservicable , with wives and children starved in the streets for want of bread , while they lorded it over you , tyrant-like . now examine your selves whether when you have demanded your pay , you were not had before court martialls , and hang'd to all your shames , while they rob'd you and the commonwealth of your dues . and let me further desire you to consider what you can expect ; who have alwayes been made the scorne and contempt of those whom you have advanc't by your valour . the premises being duly and christianly considered , i as a friend and fellow souldier , have made bold to write to you these lines , that you might the better see your condition , if you should suffer your selves again to be captivated by the specious pretences of an interested sort of people , who rage and rore ( like their father the divel ) wanting your assistance to help them to devour . therefore my earnest request to you is , that you would as you are christians and englishmen , bewail the bloud you have already spilt in your own countrey , and with souls fitted for the receit of mercy , humbly prostrate your selves before the god of mercy , beseeching him to distill into your souls by the influence of his holy spirit , grace : whereby you may be fitted to be made partakers of so great a mercy and deliverance , as the lord himself is now a working in the three , wounded , bleeding , and miserable nations , which is his own blessing , peace , the fruits whereof though but in the bud , should raise your souls to that pitch , that you should with all cheerfulness humbly submit to his gratious hand of providence , who seems mercifully once more to shine upon these nations , by restoring unto us our native rights as men , and my dear fellow-souldiers , let not railing rabshekeys prevaile over you , in perswading you that you shall lose your rights as christians , for the lord himselfe will plead the cause of the humble and meek , but the stiffnecked and rebellious he will destroy . i shall conclude with this exhortation , that you would seriously consider , and ponder in your hearts this truth , that if you comply not , and submit not with the nations publique interest , and just power now made choice of by common consent of the people , but follow a few private ambitious restless persons , whose gain is their godliness , whose glory is their shame , you will run your selves on the rock of ruine , and make your names infamous to all posterity : and which is most deplorable , run headlong to your own eternall ruine . the which that you may prevent , with one heart yeeld consent and obedience to the peoples free choice in parliament ; and let all that love englands peace say amen . postscript . fellow-souldiers , this paper is presented to you from a lover and friend , who hath alwaies honoured you for your valour ; and has a more reall affection for you , then the cruelty of your taskmasters will suffer him that is your friend to discover . if any one shall say the pen-man of this is a lover of generall monck , 't is true i am : though i never received any favour from him ; for his faithfnlnesse , mercifulnesse , prudence , justice , valour , and constancy , command no lesse from all just men & lovers of their country ; whom the lord preserve in all his just designes . thus prays a lover of his country . e. s. finis . an humble remonstrance from his excellency sir thomas fairfax, and the army under his command concerning the present state of affairs in relation to themselves and the kingdom, with their desires and present resolutions thereupon : presented to the commissioners at s. albans, to be by them humbly represented to the parliament : also the names of the officers that were present at the councel of war at the making of the said remonstrance : together with a proclamation of the strict discipline of the army. england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an humble remonstrance from his excellency sir thomas fairfax, and the army under his command concerning the present state of affairs in relation to themselves and the kingdom, with their desires and present resolutions thereupon : presented to the commissioners at s. albans, to be by them humbly represented to the parliament : also the names of the officers that were present at the councel of war at the making of the said remonstrance : together with a proclamation of the strict discipline of the army. england and wales. army. fairfax, thomas fairfax, baron, - . p. printed for francis coles, london : june , . "by the appointment of his excellencie sir tho. fairfax and the counsell of war. signed, john rushworth, secretary." reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -- army. great britain -- history -- civil war, - . a r (wing f ). civilwar no an humble remonstrance from his excellency sir thomas fairfax, and the army under his command. concerning the present state of affairs, in r england and wales. army c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an humble remonstrance from his excellency sir thomas fairfax , and the army under his command . concerning the present state of affairs , in relation to themselves and the kingdom ; with their desires and present resolutions thereupon . presented to the commissioners at s. albans , to be by them humbly represented to the parliament . also the names of the officers that were present at the councel of war at the making of the said remonstrance . together with a proclamation of the strict discipline of the army . printed and published by the appointment of his excellency sir tho : fairfax , and the councel of war . s. albans , june . . signed by me john rushworth . london , printed for francis coles , iune . . an humble remonstrance from his excellency sir thomas fairfax , and the army under his command : concerning the present state of affairs , in relation to themselves and the kingdom ; with their desires and present resolutions thereupon . presented to the commissioners at st. albans , to be by them humbly represented to the parliament . our desires as soldiers , in behalf of our selves and other soldiers that have faithfully served the parliament in this kingdom ; as also our remaining dis-satisfactions , in relation thereunto , may be clearly collected out of our several papers that have been formerly presented to the parliament concerning the same ; to which particulars we have not yet received any farther satisfaction . in our last representation it may appear what our desires are , as members of the commonwealth , in behalf of our selves and all others , for the clearing , setling and securing of the rights , liberties and peace of the kingdom , for the justness , reasonableness , necessity and common concernment whereof unto all , we dare appeal to the whole kingdom and the world ; yet we have hitherto received no answer thereunto , nor can hear of no consideration taken thereupon , to put the things contained therein , into any way of resolution or dispatch . we have since that , in pursuance of the first and second heads of our desires in the said representation , delivered in a charge against divers persons , members of the house of commons , for divers designs and practices , to the abuse and dishonor of the parliament , the insufferable injury of the army , the infringement of the rights and liberties , both of soldiers and subjects , the breach or hazard of the peace of this kingdom , and the hindring of the relief of ireland , &c. upon which , though the main things charged with the mischievous designs , and further dangerous consequences of them ; as also the constant and continued activity of all or most of the persons charged in relation to those things , be for the most part sufficiently and notoriously known , especially to the parliament it self ; yet we finde neither any thing done , upon what is so known , nor any way resolved on , or admitted by the parliament , for the examination of discovery of what is less evident unto them : but rather ( as if neither the things charged , nor the present sad effects , nor future ill consequences thereof , were at all considerable ) the whole business seems to be slighted , past over , or set aside . lastly , we did with these , deliver in another paper ( whereof here is a copy annexed ) containing divers just and necessary things , which we did desire might be provided for , and done for the better proceeding in the premises , with more safety to our selves and the kingdom , and with more assurance or hopes of a timely and happy issue . to which things desired ( which we think all men will judge reasonable , just and necessary ) we have yet received no answer or resolution , nor can finde any consideration at all had of them , save that a moneths pay is sent down for the army ( whilest those that have deserted the army receive at london much more ) and that some votes have been passed for annulling the orders of the committee ( pretended ) for safety , about listing of men and drawing forces together ; which votes we finde rendred but vain and illusive , by the continued under-hand practices of those whom we have charged and their accomplices , in listing and engaging men for a new war , and by a later days votes not admitting that the forces so listed or engaged should by publique order be dismiss'd or discharged , which with other things we cannot but attribute chiefly to the prevalent influence of the same persons . now whereas we finde that our first desire in the paper last montioned ( for present suspending the persons impeached from sitting in the house ) is judged by some to be against the course and priviledge of parliament , or of ill consequence in the president of it , the charge being but general , and no partitular proof as yet produced to render the proceeding legal , we cannot but reminde the parliament , . that as the most and many things charged ( with the sad effects and consequences of them ) so the constant and continued activity of all or most of the persons charged in relation thereunto , in mis-informing , delading , abusing or surprising the house , and otherwise are sufficiently known to the parliament it self ; so as the house might , upon their past and present cognizance of the same , most justly proceed to suspend them ( as in many other cases upon far less occasions , which never could have produced such sad effects to the kingdom ) they have done many other of their members meerly for words spoken , or things moved in the house ( alleaged to be but against order or custom of the house ) and this without any tryal , proof or charge , but meerly upon the houses own cogninance of the things , as we could instance in many cases since the parliament began . . whereas many of the things to which the charge relates , are things spoke , moved or done in the house , so as we have yet no clear way opened , particularly to charge or mention them , or to produce proofs to them , without some pretence against us of breach of priviledge ; and therefore ( though we think no priviledge ought to protect evil men in doing wrong to particulars , or mischie● 〈◊〉 〈◊〉 publique , yet ) we have been hitherto so tender of parliament priviledges , as that we have onely remonstrated the evil of such things done ; and supposing the house to have been ( as we did and do believe , and if way were open , without breach of priviledge , should not doubt to prove it was ) some ways mis-informed , deluded , surprised , or otherwise abused , in those things by evil members , we have frequently in former papers ( before the charge ) put the parliament upon it ( who without colour of breach of priviledge might do it ) to finde out and discover who they were that had so abused them , and to dis-ingage the honor of parliament from the evil practices and designs of such incendiaries . now since the same difficulties or prejudices lie yet in our way ( as to the particular charging or proof of those things against the members and the parliament ) though so often put upon it in our former papers , yet through the powerful interest of the persons guilty , hath not taken any cognizance , what members or others have so abused them , to draw the parliament to such dishonor and inconvenicnces , we cannot but again more fully and clearly assert ( as we have in former papers , and shall yet more particularly , if need be , remonstrate ) that divers things lately done and passed from the parliament against this army ( as particularly the order for suppressing the petition ) that high declaration against it , and against all that should proceed in it , putting the faithful servants of the parliament and the kingdom out of the protection of law , and exposing them as enemies to the state , &c. to the forfeitures of the estates , liberties , life and all , but for going about in an humble , peaceable and inoffensive way , to desire what was undenyable their due , and dearly earned , and many other such like proceedings , both against the army and others , do carry with them such a face of injustice , oppression , arbitraryness and tyranny , as ( we think ) is not to be paralleld in any former proceedings of the most arbitrary courts against any private men , but hath brought in insufferable dishonor upon the parliamentary authority and proceedings ( which we are , and others ought to be deeply sensible of ) hath tended to disoblige all men , especially soldiers from the same , to destroy all just freedom , either of soldiers or subjects , and hath conduced to all other the sad effects and worse consequences expressed in the charge , and gives us and others cause to conclude , that those worthies who have formerly acted and carryed on things in parliament for publique good , right and freedom , are now awed or over-born by a prevailing party of men of other private interests crept in , and that neither we , nor any other can reasonably expect right , freedom or safety ( as private men ) or to have things acted in parliament for publique good , while the same parties continue there in the same power , to abase the name and authority of parliament , to serve and prosecute their private interests and passions , and ( under the priviledges of parliament ) to shelter themselves under the worst of evils or mischiefs they can do , though to the ruine of the kingdom . we are in this case forced ( to our great grief of heart ) thus plainly to assert , the present evil and mischief , together with the future worse consequences of the things lately done even in the parliament it self ( which are too evident and visible to all ) and so in their proper colours , to lay the same at the parliaments doors , until the parliament shall be pleased , either of themselves to take notice , and rid the houses of those that have any way misinformed , deluded , surprized , or otherwise abused the parliament , to the vehement pressing and passing of such foul things there ; or shall open to us and others some way how we may ( regularly , and without the scandal of breaking priviledges , come to charge and peosecute those particular persons , that in truth have so abused the parliament ( as well as our selves ) even for those misinformations , and other evil and indirect practises or proceedings in parliament , whereby they have abused the same , as in our said charge & former papers is set forth . and here , if we may , we should humbly offer it to consideration , whether it were not a necessary expedient for prevention or remedy of such evils in future , that in things so clearly destructive to the common right and liberties of the people , and the safety of the kingdom , there should be a liberty for dissenting members in the house of commons ( as it is allowed in the house of peers ) to enter their dissent , and thereby acquit themselves from the guilt or blame of what evils may ensue ; that so the kingdom may regularly come to know who they are that perform their trust faithfully , and who not . and this provision for future , as also our desires for remedy in the present cases , as it were clearly good and necessary , in the respects premised , so ( we think ) the same may well be without farther prejudice or discouragement in any other respects to succeding members of parliament : provided always , that no man shall be questioned or censured for any thing said or done in parliament , any farther then to exclusion from that trust , which is all that in the present case we should desire upon any such grounds . and that future liberty of entring the sence , we do not here propose as a thing we any way insist on to the prejudice of parliament-priviledges , we only ofter that to consideration ( and that ) from good wishes to the priviledges of parliament , to render them more lasting , by being less nocent ; and indeed , whoever most adores or tenders those priviledges , will best express his zeal towards them , in taking care they be not abused or extended to private wrongs or publique mischief ; for we clearly finde , and always men may see it , that parliament-priviledges , aswel as royal-prerogatives , may be perverted and abused , or extended to the destruction of those greater ends for whose protection and preservation they were admitted or intended ( viz. the rights and priviledges of the people , and safety of the whole ) and in case it be so , the abuse , evil or danger of them is no les● to be contended against ; and a remedy the●●of no less to be endeavored then of the other . and whereas the injustice in that particular of the declaration against the army for their just and innocent petition , may seem to have been recompensed in the late expunging thereof out of the journal books , we confess that hath been so in great measure , as to the present or particular injury unto the army therein ; and we cannot but acknowledge so far , that the justice that lies in those votes for expunging thereof , and for their own and the armies particular reparation , we should never wish more , nor scarse have insisted on so much to any dishonor of parliament in future ; we should rather have been satisfied with the parliaments declaring , how , and by whom they had been misinformed , surprised and otherwise abused , in the framing , proposal or passing thereof as it was , but as to that particular , or any other of that nature , we say as followeth : . we never did , nor do value or regard our own injury , or reparation , in any comparison to the consequence of the one , to the prejudice of the other , or to the future security of the common right and freedom of this nation ; and accordingly we do not account any reparation considerable that extends but to our selves in the present case , and does not in some sort secure our selves , and all others from danger of the same or worse injuries or oppressions ( as private men ) from the wil●s or passions of the same persons that have offered and acted such things against us while an army . . we cannot but imagine and consider ( according to general report ) how the expunging of that declaration was carryed and obtained ; and upon what grounds or intentions it was given way to ; but had those that procured it been all for expunging it ( and that freely ) yet how can we expect better , but that the same men who at one time carryed such a declaration , and another time expunged it , may the next day obtain the like or worse ( upon any occasions wherein it may serve their private ends or interests ) if they continue in the same power and sway , and be let pass in deluding and surprising the parliament , as they have done in the past particulars . . the apparant dishonour and prejudice brought upon the parliament , in having such a declaration so passed , as they should soon after ( without any alteration in the pretended ground of it ) finde cause ( for shame of the world ) to expunge ( we think ) should engage those members , in point of honour , to finde out and discover how and by whom the parliament had been abused , or otherwise brought into such an inconveniency , and the parliament may in this see the temper ( as by-standers do the prevolence ) of those members that abused the parliament in that declaration , who will and can make the authority of parliament to lie under the dishonour of it in a bare expunging or retracting , rather then admit any consideration , to acquit the authority of parliamant , that will tend to fix the blame on those particular members that had deserved it : and this certainly would be admitted and done , rather then to slight it over with a bare expunging , were not some men more tender of and more swayed with such considerations and consequences as may tend to the prejudice of persons , then such as tend to the general prejudice and dishonour of parliaments . . as to those particulars included in our charge which depend on things done without the parliament , we are ready and should most willingly proceed to the particular charging and proving thereof , if first ( from the justice of the house in a present proceeding against the persons charged for those things that are already known to the house , being done in it ) we could finde encouragement to expect any good issue upon those other things ; and did we not ( on the contrary ) finde , that ( notwithstanding what is so known to the house as before exprest ) the same persons continue in such power and prevalency , both in the house and in all the comittees of the highest trust , as leaves little hopes of right or satisfaction to the army or kingdom in other things , and much lesse in any just proceedings against themselves , while they continue judg●s of their own and our concernments : so as we cannot ( while they remain in the same power ) expect any thing but a continued perverting and making advantage of all things ( and especially of those delays which a regular proceeding against them would necessarily endure ) altogether to our own and the kingdoms prejudice and danger , to disable or weaken us for those things which the safety and se●ling the rights , liberties and peace of the kingdom requires , and to strengthen themselves by under-hand-practices and preparations at home and abroad , the better to oppose us , and to engage the kingdom in a new war , thereby to accomplish their desires , or at least to save themselves from justice in a common confusion : we say , were it not for these and such other considerations that leave little hopes of justice to our selves or the kingdom ( while they continue in the same power ) and render all delays dangerous , and destructive to our selves and the peace of the kingdom , we should be contented that the businesse concerning the members we have charged should be said aside till those other things were first setled which our declaration does propound for the common rights and liberties of the kingdom . but finding things still so carried , and that while they are judges in their own causes , they ( with that party which they make ) will do what they please , and yet render it a breach of priviledge to be amused for it as they are , and we have before exprest ; we cannot , upon all these consderations , and for all the reasons before exprest , insist upon it , that the members charged may first be forthwith suspended from si●ting in the house , otherwise we cannot expect any fair proceeding against them upon a more particular charge , nor think there is any good intended to our selves or the kingdom . as to our desires of having the army presently paid up equally with those that have deserted it , we appeal to all men for the justice , reasonablenesse and necessity thereof . the justice , in that the former service ( for which those arrears are due ) hath been ( at least ) as faithfully and diligently performed by the army , as by those late deserters of it and in our present posture ( though they have appeared indeed more officious or serviceable to the persons or wills of particular men then we , yet ) we are sure the army is , and ( we hope ) will at last appear to be more faithful to the true interest of parliaments and the kingdom , ( which we were at first called out and engaged for ) then they in diserting the army have hitherto appeared : for the reasonableness of our desires , though we have grounds to claim more then they , or rather that they or some of them should forfeit their arrears ; yet we ask for present but equal , nor should we at present insist on that so much ( as to officers ) if our souldiers were but first paid up ) our necessity to insist on that , is obvious to every man , and therefore ( unless we should betray our own and the kingdoms cause , we cannot but positively insist upon it , that the army should forthwith be paid up ( at least ) equally to those deserters of it , which if denyed or delayed , we shall be thereby enforced upon present ways of remedy , and right to the army therein . and whereas the parliament hath lately ordered and publikely declared , that all that shall desert the army , shall have present satisfaction in their arrears ( the officers three moneths pay , the souldiers all their arrears , deducting for free quarter ) which still continues unrecalled ; we cannot but look upon it as a most cleer evidence of the continuing mal●ce and prevalence of ours and the kingdoms enemies ; and we must and do insist upon it , that that order or declaration may forthwith be publickly recalled ; otherwise we cannot believe that any thing but ruine and destruction is designed to our selves and all other in the kingdom , who every where call upon us not to disband , till we see the rights , liberties , and peace of the kingdom setled , according to the many declarations by which we were first called forth , and invited to engage in the late war . next , we cannot but take notice , that instead of granting or answering our desires in the last paper , in order to the better and more safe proceeding to a composure and settlement of all things , for the good and peace of the kingdom , and for prevention of any new war , the army being first commanded to forty miles distance from london ; his majesties person is demanded immediately to richmond house , within eight miles of london , which as we cannot but impute it to the prevailing interest of the same enemies to our and the kingdoms peace , so all men may easily discern ( with us ) how directly it tends ( in pursuance of their former private designes upon the king ere he came from holdenby , to put his majesty within reach of those mens power , who have underhand listed about london already , a very considerable number both of horse and foot , and are daily listing and engaging more , both there , and in many parts of the kingdom , to serve their designes ; and therefore we appeal to all unengaged men , whether we can in this give way to have the king put so far within those mens power , without giving them the long sought for advantage of his majesties person ; whereby to embroil this kingdom in a new and bloudy war , and to strengthen themselves in their mischievous designes , the better to uphold and establish their facton and intended domination ; so that in this case we cannot but importune the parliament ( as they tender the peace and safety of the kingdom , and the avoiding of jealousies or worse inconveniences in the army ) that they would resume the consideration of that business concerning the person of the king , and not propose any place for him neerer to london , then they would have the quarters of the army to be . and whereas ( by the procurement of the same persons , or others of their party ) there have been scandalous informations presented to the houses , and industriously published in print , importing as if his majesty were kept as a prisoner amongst us , and barbarously or uncivilly used ; we cannot but declare , that the same and all other suggestions of that sort are most false and dangerous , & absolutely contrary , not onely to our declared desires , but also to our principles , which are most cleerly for a general right and just freedom to all men ; and therefore upon this occasion we cannot but declare particularly , that we desire the same for the king and others of his party ( so far as can consist with common right or freedom , and with the security of the same for future ) and we do cleerly profess , we do not see how there can be any peace to to this kingdom firm or lasting , without a due consideration of provision for the rights , quiet , and immunity of his majesty , his royal family , and his late partakers ; and herein we think that tender and equitable dealing ( as supposing their cases had been ours ) and a spirit of common love , and justice diffusing it self to the good and preservation of all , will make up the most glorious conquest over their hearts ( if god in mercy see it good ) to make them and the whole people of the land lasting friends . to draw to a conclusion ; since we can yet obtain no satisfaction or answer to the things desired , as before , but contrariwise finde all things carried on by the prevailing interest of those our enemies , to the prejudice and danger of our selves and the kingdom , since ( notwithstanding some votes of parliament against the late orders of the committee of safety for listing of forces , and notwithstanding the earnest desires and endeavours of the city , concurrent with our own , to have the same prevented or remedied , yet ) the said committee of safety being continued still in the same power , we finde that by the appointment or contrivance , and under the protection or countenance of the same persons whom we have charged , and their accomplices , there are still manifold practices under-hand to list and raise new forces , and ( notwithstanding the discovery thereof to the parliament from the city , yet ) the same persons have prevailed so far in the house , as not to admit the question for discharging of them , but the same practises still continue , and with double diligence are enforced ; since also divers forces ( pretended to have been engaged for ireland ) are by the same persons ordered to rend●zvouze about worcester , there to lay the foundation of a new army ; and to that purpose their emissaries and correspondents in all counties are busie and active to raise forces for then : and though for these things the actors of them have no present publike authority , yet they have some way such countenance and assurance to be justified in parliament ( if questioned for it ) as that they have the confidence to act openly : since they have likewise their emissaries or agents in scotland , france and other countries , very active to draw in forraign forces for their assistance : since in the mean time they are endeavouring by spies and secret agents in all our quarters , to inveigle and invite the souldiers of this army to desert their officers and come to london , and for that purpose do improve the advantage of that order or declaration of parliament aforementioned , for satisfaction of arrears to such as shall desert the army ; and we finde they have the publike purse so much at their disposal , as to make good that and other their undertakings of that naturel , and yet such as have so deserted the army , and received their arrears , are not discharged or disperst , but continued together in bodies , and under command , in or neer the city ( as in particular , some of sit robert pye's men , col. grevis , capt. farmers , and others still quirtered upon kent : since like wise they have their agents and correspondents labouring with the king , to make contracts with him , to draw his majestie to engage and declare for them , or at least to declare himself a prisoner amongst us , whereby to stir up and engage his party against us : since in all these respects , we finde all dilatory ways ( which they industrionsly devise ) to be designed and made use of onely to our disadvantage , weakning and ruine , to the kingdoms prejudice , and to their own advantage and strengthening in their designes , the better to prepare for a new war . and lastly , considering the multitudes of reformadoes and other souldiers swarming about the city ( whom the persons we have charged and their accomplices have at their beck to bring up to westminster when they please ) and that by their frequent tumultuous confluences thither ( besetting and sometimes blocking up the parliament doors , threatning and offering violence to the persons of the most faithful parliament-men ) the just freedom of parliament seems to be taken away , or at least for the present abridged , insomuch as those members who have served the kingdom hitherto with most faithfulnesse , diligence and integrity for the publike good , many of them dare scarce come to the house , or ( if they do ) they come in fear and peril of their lives ; and when they are there , are awed , discouraged , or disabled from discharging their consciences , or doing their duties to the kingdom . upon all these considerations , we are clearly convinced and satisfied , that both our duty and trust for the parliament and kingdom , calls upon us and warrants us , and an imminent necessity ( for our own and the kingdoms safety , and preservation of a new war ) enforceth us to make or admit no longer delays , but , upon those foundations god hath given us , with vigour and speed to endeavour in some extraordinary way , the vindicating of parliament-freedom from tumultuous violence , the breaking of those designes and preparations that otherwise threaten a present imbroilment of the kingdom in more blood and war , and a future perpetual enslaving of it under faction and tyranny ; and so ( if god see it good ) to put the parliament into a freedom and capacity ( with his majesties wished and hoped concurrence ) to settle the rights , liberties and peace of the kingdom . upon all these grounds , and for all these ends premised , we shall be enforced to take such courses extraordinary as god shall enable and direct us unto , to put things to a speedy issue , unlesse by thursday night next we receive assurance and security to our selves and the kingdom , for a more safe and hopefull proceeding in an ordinary way , by having those things granted which in order thereunto we have before insisted upon , and shall here for more brevity and clearenesse , as followeth : . that the declaration inviting men to desert the army , and promising their arrears in case they doe so , be recalled and annulled . . that the army may be presently paid up equally to those that have deserted it . . that his majesties coming to richmond may be suspended untill things be better setled and composed ; and in the mean time no place may be appointed for his majesties residence , that may be any neerer to london , then the parliament will allow the quarters of the army to be . . that the members charged may be forthwith suspended or sequestred from the house . . that those that have deserted the army may be instantly discharged and disperst , and receive no more of their arrears , till the army be first satisfied . . that both parliament and city may be speedily and effectually freed from those multitudes of reformadoes and other souldiers before mentioned , that flock together about london , by a speedy dispatch and discharging of them from the city . . that all such listings , or raisings of new forces , or drawing together of any ( as is before mentioned ) and all preparations towards a new war , may be effectually declared against and supprest : as also all invitations or indeavours to draw in forraign forces . . that the present perplexed affairs of the kingdome , and these concerning the army , as also all the things desired in our late representation in behalf of the kingdom , may be put into some speedy way , of settlement and composure . s. albans , june . , by the appointment of his excellencie sir tho. fairfax , and the councell of war . john rushworth , secretary . at a councell of war at s. albans , june , . present , his excellencie sir tho. fairfax . lieutenant generall cromwell . lieutenant generall hamond . commissary generall ireton . colonell sir hardresse waller . col. fleetwood . col. lambert , col. rich , col. lilborn . col. okey . col. hewson . col. scroop . col. harrison . col. barkestead . col. tomlinson . col. horton . col. pride . quartermaster general grosvenor , scoutmaster generall watson . adjutant generall deane , lieutenant col. jubbs . lieut. col. cobbet . lieut. col. ewers . lieut. col. salmon . lieut. col. goffe . major barton . major rogers . major sanders . captain cunn . captain husbands , 〈…〉 the remonstrance was agreed on by the officers aforesaid , and afterwards by direction from the generall and councel of war , delivered to the parliament by colonel sir hardresse waller , colonell rich , and major tomlinson . a proclamation published to the army at the generall rendezvouz . sir thomas fairfax knight , commander in chief of the forces raised by the parliament . whereas divers complaints have been made of severall abuses , disorders , and misdemeanours lately committed by some souldiers of this army , both in their quarters , and in their marches thorow the countries respectively , contrary to the lawes of war , and tending much to the dishonour and prejudice of the army , they taking liberty thereunto under pretence of want of pay ; for prevention of the like , and all other disorders and abuses that may hereafter happen , or be committed under the same or any other pretence , i doe hereby strictly charge & command all souldiers of the army , horse and foot , and all others whom it may concern , not to offer any violence , or do any prejudice at all to any country man or other whomsoever ( in their persons o● goods ) either in their quarters , or upon their march thorow the countries respectively , as they tender the honour of the army , and 〈◊〉 they tender the avoyding of the severest punishment that may be inflicted upon such offenders by a counsell of war . and i doe hereby further charge and require all officers of the army , both horse and foot , to use their utmost indeavours to prevent the respective souldiers under their commands from committing any disorders upon the said , or any other pretence , and to question such souldiers as shall speak any thing in derogation to the authority of the parliament , and to bring all such as are offenders to condign punishment for the same . thomas fairfax . to the marshal generall . to be published at the head of every regiment , both of horse , foot , and drogoons , by beat of drum and sound of trumpet . finis . whereas we are informed, that to the disadvantage of his majesties service, divers officers of his majesties army in this kingdom do absent themselves from their respective quarters, without license of his grace the duke of ormonde lord lieutenant general, or of us the lord deputy of this kingdom ... by the lord deputy general of ireland, ossory. ireland. lord deputy. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas we are informed, that to the disadvantage of his majesties service, divers officers of his majesties army in this kingdom do absent themselves from their respective quarters, without license of his grace the duke of ormonde lord lieutenant general, or of us the lord deputy of this kingdom ... by the lord deputy general of ireland, ossory. ireland. lord deputy. ossory, thomas butler, earl of, - . broadside. printed by john crooke ... and are to be sold by samuel dancer ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. "given at his majesties castle of dublin the first day of october, ." reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lord deputy general of ireland . ossory , whereas we are informed , that to the disadvantage of his majesties service , divers officers of his majesties army in this kingdom do absent themselves from their respective quarters , without license of his grace the duke of ormond lord lieutenant general , or of us the lord deputy of this kingdom : and whereas since his graces late going into england , we have been pleased in his absence upon necessary occasions of several officers of the said army , and more especially to the end that such of them as were concerned in the harvest might have opportunity to look after the saving and bringing in their corn and other provisions , ( in that season to be cared for ) to grant them license to be absent from their quarters for some time ; and now we thinking fit that all and every the officers aforesaid return to their quarters and there attend their several and respective charges , we hereby require and command every of the said officers which are absent from their charges without license from his grace the said lord lieutenant , or from us , forthwith to repair to their several garrisons and quarters ; and every of the said officers who are absent by license from us or the said lord lieutenant , and are now in this kingdom , to return to their several garrisons and quarters within ten days next after publication hereof , notwithstanding such license . and we do also order and command , that not any of the officers aforesaid shall depart from their respective commands or quarters , without license first to be obtained from the said lord lieutenant , or in his absence , from us. and we do hereby declare , that if any of the said officers shall neglect to repair to their respective commands and duties , as aforesaid , or shall afterwards depart from the same but by such license , as aforesaid , such officer shall be dismissed from his imployment in his majesties army : whereof we require all persons whom it may any way concern to take notice . given at his majesties castle of dublin the first day of october , . god save the king . dvblin , printed by john crooke , printer to the kings most excellent majesty , and are to be sold by samuel dancer in castle-street . . a true account of the proceedings against john ayloff, and richard nelthorp esquires at the king's-bench-bar ayloffe, john, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true account of the proceedings against john ayloff, and richard nelthorp esquires at the king's-bench-bar ayloffe, john, d. . nelthorpe, richard, d. . p. printed by d. mallet, london : . reproduction of original in huntington library. caption title. imprint taken from colophon. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- court of king's bench. trials (treason) -- england. treason -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - kirk davis sampled and proofread - kirk davis text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true account , of the proceedings against iohn ayloff , and richard nelthorp esquires at the king's-bench-bar , on the th . of october , . relating to their award of death , upon their being out-lawed for hightreason , in conspiring the death of his late most sacred majesty , charles the second of ever blessed memory : together with their behaviour , confession , and manner of execution on the th . of october , in the year aforesaid : on which day , richard nelthorp was executed on a gibbet erected at greys-inn-gate in holbourn , and iohn ayloff on a gibbet erected at chancery-lane end in flee●●street : both quartered as in case of high-treason . such are the horrid crimes of treason and murder , that by daily experience we see they seldom go unpunished even in this life : the wise man gives wholsome advice when he fore-warns men to take heed they do not curse the king , altho' it be in their secret chambers , lest the fowles of the ayr make discovery thereof : much more ought men to tremble at the thoughts of any undertaking against the life of god's vicegerent . it is a horrid murder for a private man to compass the death of his father ; and much more horrid the father of his country ; for altho' , men may think to flee out of one country into another , and secure themselves from the vengeance due to such crimes , yet providence so orders it , that those very methods they take for their security , commonly brings them to justice , as we have a fresh example of the persons now brought thereto . iohn ayliff and richard nelthorp esquires ; men whose education is against them and who were not ignorant of the law ; yet having once violated the same , by joyning in the horrid conspiracy against the life of the mercifulest of kings , his late majesty of ever blessed memory , his present m●jesty , the utter subversion of the government , &c. they were not content , by fleeing from justice to live in contempt of the of the law , but to imploy that time god permitted for their repentance , in the enterprize of fresh treasons against his most sacred majesty that now is . iohn ayloff took his lot with the late earl of argyle setting up for one of the rulers of the scotch commonwealth , and after the design was blasted , and he amongst others taken , the sence of his guilt run him forthwith upon the rock of despair , by laying violent hands upon himself , and with a pen-knife or other instrument which he carried about him he rips up his own belly as far as nature would suffer him ; but god in mercy to his soul , so ordered it , that he did not dye thereof , but after a long illness recovered , and was with others of those traytors brought for england , and soon after committed to newgate , where he remained eight or ten weeks . rich. nelthorp , a person brought up to the law , but leaving that study engage d in the r●e-house conspira cie and with the said ayloff be●●● since attainted by out-lawry of high-treason , was of those who came over with the late duke of monmouth● and one of the principal captains in that western rebellion . soon after the deseat of the rebels , being taken and committed to some goal in the west country , was from thence brought to newgate , where his crimes had little better effect ( then the other in scotland ) behaving himself for sometime like a person destracted , and very impatient under the sufferings which his treason had brought upon him . on monday the th . of october , upon the motion of the king's council , a habeas corpus was granted , to bring up these two criminals to the king 's - bench-bar at vvestminster , and being accordingly on tuesday the th . ditto , brought up by the keeper of newgate to the said bar. the lord chief justice herbert , and the other judges of that court sitting on the bench. first , mr. ayloff was called to hold up his hand , and told that he had been indicted by the name of iohn ayloff late of london esq for high-treason in conspiring the death of his late majesty , the subversion of the government &c. that he had thereupon been out-law'd , and stood attainted of high-treason , was therefore askt what he had to say why judgment should not be awarded , for him to dye according to law. to which mr. ayloff at first replyed he had been out of the land and did not know of it , at last said , that he had seen or heard only of a printed tryal of captain walcot , wherein mr. west had made some mention of him ; but he desired to know what was sworn against him by the witnesses . then the same method being used to mr. nelthorp , he answered very little , only said he had not conspired the death of the king. after that , the lord chief justice in an excellent speech , declaring that it was no hard case for traytors to be executed upon an out-lawry , and how inexcusable they of all men were , who had not only fled from justice , deprived themselves of a tryal , by standing in contempt of the law , but ingaged since in other treasons and rebellions ; his lordship also giving them divers christian admonitions to improve the short time they had left for the good of their immortal souls . in conclusion told them , that nothing remained for that court but to award judgment upon the out-lawries . and a rule was made for their execution on fryday the th day of the said moneth , as in cases of high treason . mr. ayloff then desired he might have the liberty of his friends coming to him , and the same being granted , provided it was in the presence of a keeper , they were remanded to newgate . on thursday the th ditto , one of his majesties council moved the court of kings bench , that whereas a rule was made for the execution of the said iohn ayloff and richard nelthorp as the next day ; for a more publique example , one of them , viz. ayloff might be executed over against the temple gate in fleet-street , and nelthorp against grayes inn in holborun , to which inns of courts they did formerly belong when they studied the law ; and the court ordered it to be done accordingly . pursuant to which rules of court on fryday the th ditto about ten in the forenoon , first richard nelthorp was drawn from newgate on a sled , to a gibbet erected over against grayes inn gate ; he had on a black sute , and two in black habit went by the sled , viz. on each side one . after it followed an elderly person also in mourning , he was but a short time at the gibbet before executed , he spoke to several that were near him with a seeming cheerfulness , praying also with great earnestness , and to appearance at this last moment of his life submitted with greater patience to the punishments which his treasonable practices had brought upon him , then he did during his imprisonment ; very readily , addressing himself to undergo the sentence which the law had pronounced . he had on a whlte sattin cap over a linnen one , and himself helped to pull it down over his face . being turned off , he hanged the usual time , and then was quartered , &c. iohn ayloff , by some called col. ayloff , according to the rule of court made for his execution , was delivered by the keeper of newgate , on the th . of october to the sheriffs of london and middlesex , between ten and eleven in the morning ; when being put into a slead ; he was conveyed through the old-bayly and fleet-street to a gibbet erected between chancery-lane end , and one of the temple gates , where upon his arrival being in the slead , he confessed that he was in the rebellion raised by argile in scotland , and was conscious of the late conspiracie , that he suffered justly and deservedly , praying for the king , and desiring the prayers of all people , but more especially of those that were spectators ; after which and the like expressions , he came out of the slead , again , and desired god to bless all present , lifting up his hands and eyes towards heaven , when looking upon the gibbet he ascended , and in ascending , repeated his prayers for the people , praying to god to keep them in the right way of loyalty and obedience , &c. and to preserve the protestant religion ; being ascended , he prayed a while to himself , and turning at the request of the executioner , his back to the ladder ; he said that he was now willling to dye , but bid the executioner not to turn him off till he gave notice ; the signal being the lifting up his hands ; when being bid to go somewhat lower on the rounds of the ladder , the sooner to put him out of his pain , when turned off , he after having prayed a while , said he was ready , biding the executioner turn him off , which was accordingly done , when having hang'd about half an hour ; he was cut down and quarter'd according to sentence , and his quarters to be disposed of , at the pleasure of the king. this may be printed , r. l. s. october the th . london , printed by d. mallet , . an ansvver to the author of humble thanks for his majesties gracious declaration for liberty of conscience. y. z. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing z interim tract supplement guide c. .f. [ ] interim tract supplement guide c. .f. [ ] estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]; a : [ ]) an ansvver to the author of humble thanks for his majesties gracious declaration for liberty of conscience. y. z. sheet ([ ] p.). printed for j. edwin at the three roses in ludgate-street, london, : . signed: y.z. verse: "'twixt heaven and thee, how sprung these fatal jars ..." a reply to the work by robert wild, with reference to charles ii's declaration of march . "with allowance, may . ." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng wild, robert, - . -- dr wild's humble thanks for his majesties gracious declaration for liberty of conscience -- early works to . england and wales. -- sovereign ( - : charles ii) -- poetry -- early works to . dissenters, religious -- england -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an answer to the author of humble thanks for his majesties gracious declaration for liberty of conscience . 'twixt heaven and thee , how sprung these fatal jars , that thou ( poor robin ) rail'st against the stars ? to thee what have their influences done , with so much zeal to bark against the moon ? on heavens tables if thou knew'st what 's writ as well as on the earthly what is set , we would allow thou might'st the feud maintain , enabled by the belly not thy brain : these things , alas , transcend thy scrutiny , their language is but arabick to thee ; thou that could'st never yet higher advance , then dod , and cleaver , and the concordance . thou know'st not that the square of mercury to mars afflicts a punner's brain , yet we find it alas , to be too true in thee . we know what saturn did at barthol'mew , and some are of opinion so do you : in those dog-days had been the fittest time to curse thy stars ( poor robin ) in lewd time ; mount ano for parnassus then had gone , thou might'st have made with tears an helicon , and fetch'd a pegasus from abingdon . but now to rave , when a propitious ray has shin'd on thee , and turn'd thy night to day ; now that the claret-dispensation's come , and thou may'st vie for toe with him at rome ; assum'd the pristine rubies of thy beauty , and art made capable of being gouty : what is it less then when no foe was near us , with so much heat to cry out , curse ye meroz ! what have those reverend prelates done to thee thus to blaspheme their pious memory ? gloc'ster , and learned darham's name shall live , when thine in grubstreet hardly shall survive . unmanner'd man ! in stars , and men , ill read , to trample on the ashes of the dead ! well! since the royal clemency has given each man his leave to choose his way to heaven , clean , and unclean beasts into one ark driven : since pressing i' th' church-militant disappears , and all men now are gospel volunteers ; since we are all united , let 's agree , think you no worse of us , then of you , we ; for by your foul reflections we 'r afraid , you write the good old cause in masquerade . instead of bonds and persecution , wherewith you us'd to make the pulpit groan , thank our kind prince who with compassionate eyes look'd down and pittied your infirmities . this may be done without or rope , or bell , and thus dear dogg'rel , heartily farewel . from the star in ●olemanstreet , london . sir , yours , y. z. with allowance , may . . london , printed for j. edwin at the three roses in ludgate-street , . the queenes speech as it was delivered to the house of commons by sir thomas jermyn comproller, iuly , . henrietta maria, queen, consort of charles i, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the queenes speech as it was delivered to the house of commons by sir thomas jermyn comproller, iuly , . henrietta maria, queen, consort of charles i, king of england, - . sheet ([ ] p.) s.n., [london : ] caption title. imprint from wing. reproduction of the original in the harvard university library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - . a r (wing h a). civilwar no the queenes speech as it was delivered to the house of commons by sir thomas jermyn comproller, iuly , . henrietta maria, consort of charles i, king of england, queen f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the qveenes speech as it was delivered to the house of commons by sir thomas jermyn comptroller , iuly , . when the parliament did the other day expresse their affections to me , in taking into consideration the journey which i had resolved on for the recover● of my health , and represented a desire of my stay with a tender care of removing all occasions of my indisposition , i could not then give a positive answer , such as i desired for their satisfaction , because i knew not that my health would give way unto it : but since that time i have resolved to venter my health , and for complying with their desires not to go , since my presence here will be acceptable unto them , and that they conceive it will be for the good of the kingdome , for i desire ●●thing more , then to let you see that i shall in all things be ready to gratifie them , and to serve the state , though , as i then said , with the hazard of my life . the commencement of the treaty between the king's majesty, and the commissioners of parliament at newport. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the commencement of the treaty between the king's majesty, and the commissioners of parliament at newport. england and wales. sovereign ( - : charles i) sheet ([ ] p.) s.n., [london : ] imprint from wing. dated at end: newport in insula vectis. septemb. . . includes: a prayer, drawne by his majesties speciall direction and dictates, for a blessing on the treaty at newport. annotation on thomason copy: "sept ". reproduction of the original in the british library. eng england and wales. -- sovereign ( - : charles i) -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- treaties -- early works to . a r (thomason .f. [ ]). civilwar no the commencement of the treaty between the king's majesty, and the commissioners of parliament at newport. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the commencement of the treaty between the king's majesty , and the commissioners of parliament at newport . the commissioners came to newport late last night : this morning ( saturday ) at . they waited on the king . the earle of northumberland made a short speech to his majesty , who returned answer , that none could have more hearty desires of peace then he. how he had nothing of ill will to any , but indeed was , and would to the utmost , endeavour to appeare a friend to all , especially to the languishing kingdome . the king desired the treaty might not begin on a broken part of the last day of the weeke , so that to morrow , gods day , prepares ( we hope happily ) and munday the day at a clock in the morning begins the treaty . newport in jnsula vectis . septemb. . . a prayer , drawne by his majesties speciall direction and dictates , for a blessing on the treaty at newport . o most mercifull father , lord god of peace and truth , we a people sorely afflicted by the scourge of an unnaturall warre , doe earnestly beseech thee , to command a blessing from heaven upon this present treaty , begun for the establishment of an happy peace . soften the most obdurate hearts with a true christian desire of saving those mens bloud , for whom christ himself hath shed his . or if the guilt of our great sins , cause this treaty to breake off in vaine , lord let the truth clearly appeare , who those men are , which under pretence of the publicke good doe pursue their own private ends ; that this people may be no longer so blindly miserable , as not to see , at least in this their day , the things that belong unto their peace . grant this gratious god , for his sake who is our peace it selfe , even jesus christ our lord . amen . finis . a nevv-yeers-gift for england, and all her cities, ports, and corporations, and all such therein who are fit for the same, and desire it. or, a gift of god to the wise, this new yeer to make them a free commonweatlh, if that they pursue therein. it being a caveat to the reserved, unconstant, ambodextrous engagers with this commonwealth and present government, who being unstable in all their ways, and are burthenous thereunto. also, an incitement to the commonalty & free-born people of england, ... here is also added two letters which have relation or dependence on the parliaments order, and a letter sent to the several companies of london .... burt, nathaniel, fl. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a nevv-yeers-gift for england, and all her cities, ports, and corporations, and all such therein who are fit for the same, and desire it. or, a gift of god to the wise, this new yeer to make them a free commonweatlh, if that they pursue therein. it being a caveat to the reserved, unconstant, ambodextrous engagers with this commonwealth and present government, who being unstable in all their ways, and are burthenous thereunto. also, an incitement to the commonalty & free-born people of england, ... here is also added two letters which have relation or dependence on the parliaments order, and a letter sent to the several companies of london .... burt, nathaniel, fl. - . england and wales. parliament. committe for corporations. [ ], [i.e. ], [ ] p. and are to be sold by will. larnar, at the signe of the black-moor neer fleet-bridge, printed at london, : . signed on b r and c r: nathaniel burt. p. misnumbered . annotations on thomason copy: "jan st "; the ' ' in the imprint has been crossed out. reproduction of the original in the british library. eng england and wales. -- parliament. -- committe for corporations -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no a nevv-yeers-gift for england, and all her cities, ports, and corporations, and all such therein who are fit for the same, and desire it. or burt, nathaniel b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a nevv-yeers-gift for england , and all her cities , ports , and corporations , and all such therein who are fit for the same , and desire it . or , a gift of god to the wife , this new yeer to make them a free commonwealth , if that they pursue therein . it being a caveat to the reserved , unconstant , ambodextrous engagers with this commonwealth and present government , who being unstable in all their ways , are burthenous thereunto . also , an incitement to the commonalty & free-born people of england , ( who are by act of this present parliament declared to be the common-wealth ) to stand for their rights and priviledges , and to claim their birth-rights both of voice and choice therein , ( in their several capacities and places ) which they were not onely born unto , but also have been carefully left them by their ancestors , as their undoubted rights for ever ; as magna charta and the petition of right hold forth , and the particular and several charters in london and england declare and manifest , upon their examination . and this present parliament also do say they are resolved to renew the several charters , as they may con●ute with this common-wealth and government , as by their order and letter made and written for and by their committee to the companies of london , will plainly appear ; which , for your satisfaction and encouragement , is here also asserted . here is also added two letters which have relation or dependence on the parliaments order , and a letter sent to the several companies of london to bring in their several and respective charters to be altered and renewed , and all the charters of the nation : and two petitions by the pen-man hereof : all which do partly discover the enemies and impediments of the common peoples rights and priviledges , or commonalties , as in the several charters is terminated or called , in the right of every free-born english mans person and capacity who hath not forfeited it : and he is called also a successor thereof , and thereunto ; wherefore he is not to count it a vain thing , and to part with it for slender promises of any governours or pretending officers in places whatsoever insinuations , or any mercenary lying lawyers alluring , sly perswasions , or sollicitors ; but earnestly to contend for the same , lest with esau hereafter they repent it with tears , and their childrens children curse the slavishness they are born unto thereby . printed at london , and are to be sold by will . larnar , at the signe of the black-moor neer fleet-bridge . . tuesday sept. . . resolved , that it be referred to the committee for corporations , to take into consideration how corporations may be most agreeable with , and sutable to the government of a commonwealth ; and how their respective charters may be altered and renewed , to be held from and under the authority of this commonwealth . hen. scobel , cler. parl. by the committee for corporations , and renewing of charters , sept. . . this committee do appoint to sit in the queens court , on every tuesday and thursday : whereof all parties concerned are to take notice . sa. o neal , clerk to the said committee . this invited us to petition for relief and redress : and this large petition was preferred by us , about the of october , . viz. to the honorable committee for regulating of charters and corporations : the humble petition of daniel potter , nathaniel burt , roger read , and humphry millet , four free-men and members of the corporation of the mystery or art of sadlers , in the city of london , as well on their owne behalf , as on the behalf of all the rest , of their brethren , working sadlers , the communalty thereof , and citizens of london of the same mystery of art , being well affected from the beginning to all the honorable proceedings of parliament . humbly sheweth unto your honours , that whereas it hath pleased almighty god , by the parliaments happy success against the enemy of the english commonwealth , to free the english nation from the norman yoke of kingly power , and monarchical and tyrannical government ; and thereupon the honourable parliament of england did long since declare that the people of this nation for the future should be governed by their representatives in parliament , the same being now made a free state , without either king , or house of lords ; and therefore of late in their wisdomes , they have appointed this honourable committee , for regulating of corporations set up and ordained originally , by the late tyrannical king , and his progenitors and predecssors ever since king william the first invaded and subdued this nation , which have from time to time since being continued , renewed , and enlarged by his successors , for corrupt and superstitious ends and purposes , as will appear upon the due examination thereof . and whereas , the corporation of , sadlers was first obtained in edward the third's dayes , and afterwards confirmed and inlarged in richard the second's days , as appears plainly upon view thereof , for praying for souls departed , and such like superstitious uses , expresly contrary to several good laws and statutes of this nation ; nevertheless there hath been several confirmations thereof , obtained from several kings and queens of this nation , even to king iames his time ; by means whereof , the wardens or governours thereof from time to time have exercised a tyrannical and arbitrary government under their charter upon several of the free-born persons of this nation , of the same mystery or communality of sadlers , and by misuser , abuser , and non-user of the same , have since forfeited the same to the keepers of the liberties of england by authority of parliament ; and amongst other things , they govern the company by a master and wardens , where there is no such things granted unto them , and dayly vex , and disquiet , and exact divers several great sums of money , for quartridge and other sesments by them unjustly imposed upon your petitioners and other the free-men of the said mystery communality of sadlers ; and for no other cause , but for that your petitioners some of them have served the parliament from the beginning in the wars and otherwise , they deny your petitioners the common priviledge due unto them , as free-men of the said mystery and communalty . the premises therefore duely considered , it is most humbly prayed , that the said charter and books of accompts , and book of orders , now kept at sadlers hall , by the master and wardens and clarke of the sadlers company in london now in being , may be forthwith seized upon , and brought in before your honors ; by which the truth of the premises may more fully appear ; and that your petitioners may be admitted , as well on their owne behalfs , as on the behalf of the rest their brethren and communality thereof citizens of london , free-men of the said art or mystery of sadlers , to propound unto your honours the form of a new charter , for the better regulation of the said sadlers company , and such as may best agree and consuite with the present state-government and constitution thereof , in opposition to monarchical and kingly government ; by what names or titles your honours shall hold most expedient to incorporate the sadlers company , to exist and be . and your petitioners will ever pray for your honours . this petition being read the of october , procured us three several orders on the commonalties part , against the usurping master and wardens : to answer to the petitioners grievances , one ; to bring in the charter , a second ; and to bring in their books of accounts , and books of orders , a third . and as they were signed with five parliament-mens hands , so they were served on them by an officer to the said committee , on the day vulgarly called the lord maiors day , when monarchy was in power ; since known by the of october : but is was before they went to dinner , having been upon the water ; and they were sober , the messenger said , or the officer who served them . which orders follow , to shew the hope we may have , when our charter is renewed , for your and all peaceable english-mens encouragements and example , to stand for your birthrights and liberties , which you were born unto , and by your ancestors left you in charters , as the title of this new-yeers-gift setteth forth . by the committee for corporations , and renewing of charters , octob. . . upon consideration had of the petition of divers of the commonalty of the company of sadlers , it is ordered that the petitioners shall have librerty to make known their grievances to this committee , on the fourth day of november next ; on which day , the master and wardens of the said company have liberty to answer the same . whereof they are to have convenient notice . richard lucy . tho. atkins . hen. darly . dan. blagrave . j. davers . by the committee for corporations , and renewing of charters , octob. . . upon consideration had of the petition of divers of the commonalty of the company of sadlers , it is ordered that the master and wardens of the said company to bring unto this committee , by the fourth day of november next , the original charter whereby the said company are incorporated ; to the end that the said charter may be taken into serious consideration , and that the same may be renewed , and held from and under this commonwealth . whereof they are not to fail . j. davers . dan. blagrave . tho. atkins . hen. darly . rich. lucy . by the committee for corporations , and renewing charters , octob. . . ordered that the master , wardens , or clerk of the company of sadlers , do bring unto this committee , by the fourth of november next , the books of accounts and books of orders belonging to the said company . whereof they are not to fail . dan. blagrave . j. davers . tho. atkins . hen. darly . richard lucy . but our master and wardens being seemingly discontented with us ; our petition and orders served on them , and our proceedings , despised our advice . whereupon , we put in a second petition , they appearing by councel , to delay us and the commonalty and commonwealth , novemb. . . to the honorable committee for regulation of corporations . the humble petition of many of the communalty of the art and mystery of sadlers , who have hereunto subscribed our names , and free-men of the said corporation ; who have heard of your honours love , in answering a former petition , which was put in before this honourable committee in our behalfs , and all others free-men of the said art and mystery of sadlers , who work , make and fell the sadlers wares , or can work them , for the renewing of the said charter , under the constitution of this present government , and settle it according to the charitable intents of our predecessors , for reliese of us and our successors , and for our better government in godliness and honesty ; whereupon it hath pleased your honours to command by your orders the original charter and books of accounts , and book of orders , that when your honours have considered the same , how they may be renewed and held from and under this commonwealth ; we in all humble manner returne you hearty thanks , for your great love and care therein , not doubting but that you will finish the said work in due time . whereupon we are humble petitioners and humbly pray , for our selves and all our brethren , free-men of the same art and mystery of sadlers , that your honours will please to perfect the said work you have begun , that so under this common-wealth our charter of sadlers may be renewed , amplified , and inlarged with such priviledges , articles , clauses , and rights , as may be for the establishment , ordering and government of working sadlers ; which is , both the art and mystery thereof , that so both we , and ours in successive generations , may have occasion to say and report , many have done vertuously , but you have surpassed them all . and we shall ever pray , &c. to which petition they assented and consented , we protesting against their counsel , he acting against the commonwealth and committee ; and then this ensuing order was made , as followeth . by the committee for corporations , and renewing of charters , novemb. . . ordered by consent of parties on both sides , that the cause between the communalty of the company of sadlers , and the master and wardens of the said company , in the paper of this day , be deferred till the second of december next ; by which day the said master and wardens are to bring unto this committee the charter whereby the said company are incorporated , and the books of orders , and books of accounts belonging to the said company : and this committe do appoint on the said day , to consider of the complaint of the communalty against the said master and wardens ; at which time , the said communalty have also liberty to present further complaint , if they have any ; and the said master and wardens are to answer the same . dan. blagrave . roger chr. martyn . will. leman . john pyne . hereupon they yet procured a months time , and never yet performed ; in which time there were letters written to all the companies of london , by the chair-man of the said committee , a true copy whereof followeth . gentlemen , the committe for corporations , having taken into their consideration an order of parliament , of the fourteenth of september . touching the alteration and renewing of the several and respective charters or this nation ; and upon serious debate had thereon ( judging it most agreeable with , and suitable to the government of a commonwealth , that they be held from , and under the authority of the same ) commanded me to signify unto you their pleasure therein , ( viz. ) that in pursuance of the said orders of parliament , you fail not to bring or cause to be brought , unto the said committee , upon the seventh of deccember next , sitting in the queens court in westminster , the charter or chatters , by which you are incorporated , this being all i have in command . westm. nov. . . dan. blagrave . hereupon , finding our selves delayed and abused , as well as the commonwealth , and that by daring mercenary councel who appeared against us the committee and the commonwealth herein ; i the penman hereof , for the commonweals utility and profit , procured two letters to be presented to the chair-man ; one for himself , and the other for the honorable committee , who as they have taken our petitions into consideration , it is hoped ( as they have promised , will also ( in time ) when their emergenter occasions shall give them leasure to renew charters , they then will also renew the sadlers charter , whereof i am a member , and a successor also unto , with as large priviledges as in its pristine vertue our ancestors either procured or left it , though since , by the vicissitude of persons and time , abused , to divers persons . mr. blagrave , having twice petitioned the honorable committee in the behalf of the commonalty of sadlers , who are much abused ; and also seen of your letters sent to the several respective companies and corporations in london to bring in their charter of charters to be renewed and altered ; and having observed the general aversness thereunto , or ignorance , or wilfulness of divers citizens in government and place ; and also the evil counsel by mercenary lawyers given them therein , to close with the present government , or submit thereunto ; i could not rest in my thoughts , until i had penned these inclosed lines , which i humbly intreat you to communicate or present ( on mine and the commonwealths behalf ) unto the honourable committee : for which you shall oblige me to rest from my house windmill-court , neer col. prides , london , dec. . . your servant , and ( therein ) the commonwealths , capt. nath. butt . indorsed thus : to the right worshipful william blagrave esquire , at his house at westminster or elsewhere ; from a lover of this common-wealth and government ; these present . honourable sir , i salute you , as in the behalf of that honourable committee you are chair-man of , to renew charters and corporations , wherein for the benefits and profits of the communalty of the working sadlers , and all free-born english men in this commonwealth i have laboured abundantly , to settle our selves under this present government ; also having laid hold on your own invitations by tickets set upon the posts over which you often fit , for the said end , to consider how to renew charters , as was therein expressed , as well as in your several letters by command sent forth to the companies of london , to produce the bringing up of their several and respective charters ; these also are to give you notice of the evil example it will be to the companies proceedings in london , and corporations of england , if that mercenary councel be suffered to appear against the commonwealth and present government , as on the sadlers master and wardens & assistance part hath been already against the communalty thereof ; which councel hath twice appeared before this honourable committee , whereby the orders thereof have been made of no esteem , by the master , wardens , and assistants , and counseller of the sadlers company and your petitioners put to much charge and trouble , and much delayed and vexed thereby , who have waited at master farwels chamber two dayes , to see the charter of the sadlers examined as was ordered by this honourable committee , and it is not yet brought thither , but your honourable order is by them contemned ; this i thought my self bound both in duty to your honours , the committee , and present government , as also the dear relations to the settlement of my native country , and the sadlers therein as i am a free member thereof , for all whose prosperities and peace i could desire to spend my self and be spent , and have already suffered much therefore , and having observed many of the actions , and transactions since this time of parliament sitting , and troubles in this nation and commonwealth ; wherein the delayes of the house of lords and others , when there was one , did much protract , and hinder the proceedings and rights for the nations peace and safety ( as by woful experience hath been felt , heard , and understood ) by the distractions , discontents , and confusion it did produce , is very well remembred ; which came to be promoted much also , by their and your suffering of mercenary counsel against the commonwealth and parliament ; who thereby both counselled and exasperated this reserved , unconstant , tyrannical , exsorting city of london , who abound in oppression and destroy , slay or divide the communalty , as their mercenary and diabolical counsellors do by consent , &c. & the unsetled country corrupt officers , who also pretended to have engaged with the city , and under the present government , without either king , or house of lords , and yet these cannot or will not submit to have their charters renewed by the said parliament and government , or affect such , who either perswade thereunto , or act to help forwards this great work , so necessary to be furnished , and without which cannot be a found agreement and settlement , &c. thus much premised , give me leave to mourn for the abuses i have observed among several in trust at times , which are great obstacles ( and have been ) of our peace and safety , both past and present , which hath been much to this commonwealths detriment , and that partly much brought about by mercenary lawyers , yea rather lyers , and busie insinuating setpentine sollicitors ; who may be said to be of their father the devil also , ( as christ saith ) who hath been a murderer from the beginning , who doth both seduce and harden the people , and obstruct justice , and subvert government , as may be easily proved , who may fitly be compared to that impudent harlot in solomons time , who would have the living child divided or slain ; so these impudent lying lawyers , and serpentine solicitors seek not onely to slay the people , and divide the peoples inheritances , for their owne sees and maintenance , but also they to please others , labour to divide the living government , and acts of parliament made for the safety and good of the people therein , and by their impudency to stay it , or to possess the people of the deadness of it , in respect to the life of monarchy in charters : but as these are lyers and abide not in the truth , so their works are earthly , sensual and devilish , and descend not from above , but tend to sedition , &c. my prayer therefore is , that the god of wisdome will give you wisdome , to do justice to the commons and communalty of england ; who have and do adhere in singleness of heart , to settle the commonwealth in its native rights , and undoubted priviledges , as again and again by parliament is promised , and by your committee held forth ; wherefore suffer not these mercenary lawyers to lye any longer against the truth , or your government in the commonwealth , and the peoples undoubted rights and priviledges , which they have bought so dear , or any interloping solicitors ; but extirpate and expunge them ; and you will not onely excuse your selves , but also engage your native country-man , and also the hearts and tongues of all the free-born english men of this nation to say , the wisdome of god doth appear in you . so verily believes from my house neer col. pride's , london , decemb. . . yours ( in the commonwealths service ) capt. nathaniel burt. endorsed thus : to william blagrave esq chair-man of the committee to renew corporations and charters , to be communicated to the honorable committee , &c. a letter to incite free-born englishmen to stand and contend with a godly jealousie for their birth-rights , their liberties . written by a lover of right and liberty . fellow-commoners , who are the commonwealth , or native country-men , or brothers english-men ; for indeed , if we had grace and heavenly wisdom , we should so live , and so love , as brethren , as kinsmen in the flesh as paul speaks of the israelites , rom. . , . yea , as david saith , how comely would it be for brethren to live together in unity in amity , psal. . which would be as a precious ointment : then would not those in place and power tyrannize over , and oppress , or defraud , or falsly imprison those that are under them , or extort from them any manner of thing , or suffer their clerks therein , or other officers : then would be no impoverishments , by procured or provoked law-suits , or delayings , demurrings , or false returns : then would be no quarrelings , no bloodsheddings , no wars or rebellings , or tumultuous proceedings , or cunning contrivements , by machinations or combinations , or excommunicatings ; but those of superiority would respect such of inferiour rank , and those of inferiour degree would have occasion to speak well of and honour such as are or should be in place of judicature , or trust of superiority or power . it is not my intention , herein , personally to recriminate any man , though i believe , by my sufferings and innocencie , through experience i could nominate many in many places ; but to invite to peace , to love ; for fightings and quarrelings will never settle this common-wealth , and therein our common rights and priviledges ; but petitionings , intreatings , conferrings , in its time , place , and order , so it be not with vain janglings or obstinacie , but in love and faithfulness to one another . wherefore do but look back upon the love care , and faithfulness of our ancestors , who set forth magna charta and other good laws and charters for our settlement and quiet government , and for our utility or profits and benefits for ever ; and to allay the proud coruptions of such who should usurpe in governing left power to the communalty in their several places of abode and capacities in england , and to every free-born english man therein , whether in counties , cities , corporations , parishes , or companies to chuse governours , or parliament-men , or all manner of officers therein ; and again , if that any of these intrusted by the commoners of england should abuse their trust , then also they granted the communalty power , when any should prove unfaithful to their trust , and unjust in their several places , to assemble together , and to displace and expunge such , and to chuse others in their places , who should be faithful stewards for the peoples benefits , utility , and profits , ever accompting the safety of the people to be the supream law , they aluding to holy writ , that they should chuse out of the people , for rulers or governours , men of courage , fearing god and hating covetousness . and in holy writ it is said also , that of the children of issachar , which were men that had understanding of the times , to know what israel ought to do , there there were two hundred of them , and these were called the heads of them , and it is said , that all their brethren were at their command . o my dear brethren of england , your times of choyce of officers is coming , by your charters , which are promised by parliament to be renewed , and your liberty and freedome confirmed to you : be not therefore more fearful and stupid then ●alaams ass who as saint peter averreth spake with mans voyce , and rebuked the iniquity and foolishness of the prophet , in his epistle chapter and and verses ; and suffer not your selves to be thrown into prisons at the lust and pleasure of every one in place , or their injurious clarkes , or abused , and threatned , or defrauded ; but put on courage , and in the name of the lord claim your priviledges , and rebuke them or such openly : it is commanded by god , lev. . . by christ , luke . . and by saint paul . tim. . . wherefore he that will not rebuke his neighbour , is said , that he suffereth him in his sin , and hateth his brother in his heart ; and christ teacheth it as a doctrine of love and charity , to rebuke our brother if he trespass against us , or any one of us , and repent not of it ; or as paul saith , though he be an elder , a governour , or magistrate , if he sin openly , let him be rebuked openly , that the rest may fear . it is a brand of infamie upon the priests in israel , hos. . , , . that they did eat up the sins of the people in those dayes , for which they were cast off from being priests unto god , and their glory turned into shame ; because they listed up the peoples mindes thereby in their iniquity , by going out of the way themselves , they caused many to fall , and they themselves became partial , and therefore were they made vile , and despised among the people , mal. . , , , . and the rulers or governours were so hardened thereby , that they loved to say with shame bring ye , hos. . . that is , to take bribes or rewards , mie. . , . and who can either trust a friend or a counseller , as our fathers were for bidden , mich. . , . seeing a mans enemies are those of his own house ? do not we at this time , pull sin and shame , and suffering upon our owne selves , for that we rebuke not such men among us , do not we thereby eat up their sins , and by our cowardize and partiality become guilty thereof , and they themselves despise us ? and we may be said to depart from the lord our god , and for this to be captivated , and to be reproached and subject to payments , as the israelites were , and as baruch speaketh , chap. . , . and hereafter our children may say , it was for the iniquity of our fathers , as there it is said , that they are become so cursed , and subjected , and reproached . solomon saith , better is wisdome then weapons of war , and that he knew a poor wise-man deliver a city , eccles. . , . wherefore let me intreat you mind your liberty in a loving peaceable wise way , but yet claim your undoubted rights , and be not out-faced therein by usurping governours , officers , and mercenary lawyers ( or insinuating serpentine solicitors ) a sentence i inserted into my letter sent to the committee since upon further observations , who privily lurk to betray english men of their liberty and right ; and i am perswaded , that though divers of us hath contended with a sword in our hands for our liberties , yet by this viperous serpentine brood of mercenary lawyers , and letter-carrying convoying solicitors , are we dayly pleaded out , and delayed of our just rights , and by their complices , and betrayed therein , as experimentally i have often seen , and ever shall be so long as they be cherished or countenanced , i could make this appear in several cases , but i promised i would not personally recriminate ; yet i must needs commend that spoken , as is reported by colonel pride in westminster hall , that it would never be well with england until that mercenary lawyers gownes were hung up by the scotch-trophics : for indeed such counsellors are but concealers of that law , which is our rights and priviledges , and act more politickly or serpentinely , then really and truly , more for their owne profits utility and self ends , then the clyents utility or profit , which the law holds out to all , without respect of persons ; but these and the solicitors are they who jesuite-like make distinguishings and distinctions , for their owne and their friends sakes , and ends , for filthy lucres fake ; as the unjust steward , in the making his lord and masters accompts , yet he is said to be wise , luk. . . and so are these lawyers and solicitors comended by many , yea by most ; but the time may come they may repent of their mercenary and unjust monies they have taken to betray the peoples rights ; as judas that betrayed the lord of life and glory , whose service is perfect freedom , to which i commend you all , that shall read herein , humbly desiring gods glory to be advanced , your souls eternally saved , and freeborn english-men kept from oppressions , frauds , extortions , taunts , provocations , and false imprisonments , that so having their undoubted rights , the priviledge of their fleshly bodies here , they may be enabled thereby to serve god in their spirits , and to do no evil , that so they may be set at liberty as the sons of god . so prayeth the pen-man hereof for you all , that so there may be no more cryings or fightings heard in our streets , but that we may walk and live in love , must ever be the prayer of your kinsman in the flesh , nathaniel burt , a servant of jesus christ in spirit and a member of this commonwealth , a free-born english man . from my house windmill-court , neer col. prides , london , dec. , . postscript . reader , undoubtedly know this , that by receiving thy undoubted right of voice and choice of officers , which is thy birth-right , if in a capacity to pay tax and tallage , in time you may see a reformation thereby : for , by discoveries of mens trustie actions and their unfaithfulness , they may be either confirmed , or expunged out of place ; and in time , it may be a means to promote truth and righteousness , by breaking of combinations and factions in guild-halls , corporations , fraternities , common councels , assistants , or committees , who are cemented usually by oaths of secrecie , or strong promises of confederacie ; which in such places , or in committees , cannot be discovered , but by their assistants , clerks , or sollicitors , who have been known ( for their own advantages and lucre ) to convoy letters of intelligence , or carry or send letters of discovery to such party or parties the committee or others shall affect : or otherwise , i have also known committee-men ( though parliament-men ) write letters against the innocent person who hath pleaded before them by vertue of parliament-acts and ordinances broken ; and they have cleared the guilty and offenders , and acted thereby against their own acts and ordinances of parliament , then and still in force : by which example , others have been encouraged so to do , &c. to the great damage of the partie or parties , and the ensnaring of the commonwealth and people , they practising like sons of iezebel , or sons of belial , , kings . , . lord , thus are thine heritage killed , spoiled , and destroyed , as of old ; and they eat up thy people all the day long , and labour to root out their inheritance , by buying their debenters at small rates ( which is as the price of their blood ) and the lordly buyers thereof receive the full rate of s . in the pound for them , when its likely they gave not above s . d . in the pound for them ; and some of these oppressors parliament-men . yet david , a king , and a souldier in the field , and in distress for water , which three of his commanders ( breaking thorow the enemies host ) fetched , he would not drink thereof , but offered it to the lord , and said , o lord , be it far from me to do this thing : is not this the blood of the men that went in jeopardy of their lives ? sam. . , , . thus some of them we fought for to maintain , do drink our bloods , as 't were a thing most vain . at dover i once saw a mayor , who the first time he did sit on the bench in their guild-hall , after that he was sworn mayor , he silenced and would have turned off the bench one of his brethren , a jurat there ( which is as an alderman in other places ) upon the bench , because he would not agree with him , the present mayor in being , in a piece of injustice ; and the reason the mayor shewed , was , that the said alderman or jurat had not been new sworn to secrecie or privacie since he had been sworn mayor ; i could name the parties , but i forbear : i could also nominate several injuries done in guild-hall london , and in the committee of the militia and court of aldermen , and of some by common councellors and companies with their assistants and clarkes , and that by combination of , and with their clarkes , and officers , and assistants , and how by their oaths of secrecie or promises , and consederacie , and private chusing of officers , or fore-running their choyce , to the out-facing the law , and perverting or judgement , and oppression of the free-born people the commonwealth , whom they also divers times have been fain to arm for their owne preservations to fight , although they will not allow them voice or choice , even when judgement hath followed them at their heels , for their iniquities , promising their destructions , and i do believe this truth is known to divers also , though the persons and injuries are not nominated ; which for future to prevent , next unto your reasonable service performed to iehovah , your vigilancies over those in places , and by a laudable and free choice , displacing such as are not trusty and faithful , and labouring , and protesting also against false oaths , for because of oaths our land doth mourn , and much more for such as are oaths of secrecie : but wait you with patience in brotherly love , bearing one anothers burthens ; that we or ours hereafter may happily arrive at the fruition of liberty and rest from this sea and calamity of oppression and trouble ; that our children may say of us , their deceased fathers hereafter , they acted couragiously as free-born english men in their generation , wisely as common-wealths-men in their places and capacities , and lovingly and patiently as christians , through whom we have had deliverance , and are become a happy english people born , and left to freedome and liberty . by n. b. a lover of the english people , and its native rights and liberties , and a constant contender for the same . finis . the jurisdiction of the admiralty of england asserted against sr. edward coke's articuli admiralitatis, in xxii chapter of his jurisdiction of courts by richard zouch ... zouch, richard, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the jurisdiction of the admiralty of england asserted against sr. edward coke's articuli admiralitatis, in xxii chapter of his jurisdiction of courts by richard zouch ... zouch, richard, - . coke, edward, sir, - . [ ], p. printed for francis tyton and thomas dring, and are to be sold at their shops ..., london : . 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of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng coke, edward, -- sir, - . -- institutes of the laws of england. -- part . england and wales. -- high court of admiralty. jurisdiction. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the jurisdiction of the admiralty of england asserted , against sr. edward coke's articuli admiralitatis , in xxii chapter of his jurisdiction of courts . by richard zouch doctor of the civil law , and late judge of the high court of admiralty . london , printed for francis tyton , and thomas dring , and are to be sold at their shops in fleetstreet . . thomas foley of great witley court in the county of worcester esqr. blazon or coat of arms to the reader . i do certifie and attest , that the treatise entituled , the jurisdiction of the high court of admiralty asserted , &c. by dr. zouch , was delivered into my hands by the author himself to be printed , and which he intended to have dedicated to his royal highness james duke of york , lord high admiral of england . drs . commons febr. . . tim. baldwyn . assertions concerning the jurisdiction of the admiralty of england . . that in all places where navigation and trade by sea have been in use and esteem , and particularly in england , special laws have been provided , for regulating the same . . that in all places where laws have been provided for businesses concerning the sea , as also in england , special judges have been appointed , to determine differences , and to redresse offences concerning the same . . that in all places where special judges have been appointed , for sea affairs , as also in england , certain causes , viz. all such as have relation to navigation , and negotiation by sea , have been held proper for their conusance . . that the jurisdiction of the lord high admiral of england , as it is granted by the king , and usually exercised in the court of admiralty , may consist with the laws and statutes of the realm . . that the lord admiral of england may hold conusance of contracts , and writings made at land , touching businesses of navigation , and trade by sea. . that the admiral of england may hold conusance of things done in ports , and navigable rivers , as touching damage done to persons , ships , and goods , annoyances of free passage , and unlawfull fishing . . that the lord admiral of england may hold pleas of contracts , and other things done beyond the sea , relating to navigation , and trade by sea. . that the courts and judges of the common-law do intermeddle with , and interrupt the court of admiralty in causes properly belonging to that court. . that the tryal of causes concerning navigation , and trade , in the court of admiralty , is more commodious for the kingdome , and the subjects thereof , than in the courts of common-law . sir edward coke's jurisdiction of courts . cap. xxii . the court of the admiralty proceeding according to the civil law . the complaint of the lord admiral of england to the kings most excellent maiesty , against the iudges of the realm concerning prohibitions granted to the court of the admiralty , febr. penultimo die termini hillarii , anno . jac. regis , the effect of which complaint was after by his majesties commandment set down in articles by dr. dun , iudge of the admiralty , which are as followeth , with answers to the same by the iudges of the realm , which they afterwards confirmed by three kinds of authorities in law , . by acts of parliament , . by iudgements and iudicial proceedings , and lastly by book cases . certain grievances whereof the lord admiral and his officers of the admiralty do especially complain , and desire redresse . that whereas the conusance of all contracts and other things done upon the sea belongeth to the admiral jurisdiction , the same are made tryable at the common-law , by supposing the same to have been done in cheapside , or such places . by the laws of this realm , the court of the admiral hath no conusance , power , or iurisdiction of any manner of contract , plea , or querele , within any county of the realm , either upon the land , or water , but every such contract , plea , or querele , and all other things rising within any county of the realm , either upon the land , or water , and also wreck of the sea , ought to be tryed , determined , discussed and remedied by the laws of the land , and not before , or by the admiral , or his lieutenant in any manner ; so as it is not material whether the place be upon the water , infra fluxum , & refluxum aquae ; but whether it be upon any water within any county : wherefore we acknowledge , that of contracts , pleas , and quereles made upon the sea , or any part thereof , which is not within any county ( from whence no tryal can be had by twelve men ) the admiral hath and ought to have iurisdiction . and no president can be shewed , that any prohibition hath been granted , for any contract , plea , or querele , concerning any marine cause made or done upon the sea , taking that only to be the sea , wherein the admiral hath iurisdiction , which is before by law described to be out of any county . see more of this matter in the answer to the sixth article . when actions are brought in the admiralty upon bargains or contracts made beyond the seas , wherein the commom-law cannot administer justice , yet in these causes , prohibitions are awarded against the admiral court. bargains or contracts made beyond the seas , wherein the common-law cannot administer iustice , ( which is the effect of this article ) do belong to the constable , and marshal : for the iurisdiction of the admiral is wholly consined to the sea which is out of any county . but if any indenture , bond , or other specialty , or any contract be made beyond sea , for doing of any act , or payment of any money , within this realm , or otherwise , wherein the common-law can administer justice , and give ordinary remedy , in these cases , neither the constable and marshal , nor the court of the admiralty , hath any iurisdiction . and therefore when this court of the admiralty hath dealt therewith in derogation of the common-law , we find that prohibitions have been granted , as by law they ought . whereas time out of mind the admiral court hath used to take stipulation for appearance , and performance of the acts and judgments of the same court , it is now affirmed by the judges of the common-law , that the admiral court is no court of record , and therefore not able to take such stipulations , and hereupon prohibitions are granted , to the utter over-throw of that jurisdiction . the court of the admiralty proceeding by the civil law , is no court of record , and therefore cannot take any such recognisance as a court of record may do . and for taking of recognisances against the laws of the realm , we find that prohibitions have been granted , as by law they ought ; and if an erroneous sentence be given in that court , no writ of error , but an appeal to certain delegates does lye , as it appeareth by the statute of eliz. reginae cap. . which proveth that it is no court of record . that charter-parties made only to be performed upon the seas , are daily withdrawn from that court by prohibitions . if the charter-party be made within any city , port , town , or county of this realm , although it be to be performed either upon the seas or beyond the seas , yet is the same to be tryed and determined by the ordinary course of the common-law , and not in the court of the admiralty ; and therefore when that court hath incroached upon the common-law , in that case the iudge of the admiralty , and party suing there , have been prohibited , and often times the party condemned in great and grievous dammages by the laws of the realm . that the clause of non obstante statuto , which hath foundation in his majesties prerogative , and is current in all other grants , yet in the lord admirals patent , is said to be of no force to warrant the determination of the causes committed to him in his lordships patent , and so rejected by the judges of the common-law . without all question the statutes of r. . cap. . r. . cap. . & h. . cap. . being statutes declaring the iurisdiction of the court of the admiral , and wherein all the subjects of the realm have interest , cannot be dispenc'd with by any non obstante , and therefore not worthy of any answer ; but by colour thereof the court of the admiralty hath contrary to those acts of parliament , incroached upon the iurisdiction of the common-law , to the intolerable grievance of the subjects , which have oftentimes urged them to complain in your majesties courts of ordinary iustice , at westminster , for their relief in that behalf . to the end that the admiral jurisdiction may receive all manner of impeachment , and interruption , the rivers beneath the first bridges , where it ebbeth and floweth , and the ports and creeks are by the judges of the common - law affirmed to be no part of the seas , nor within the admiral jurisdiction , and thereupon prohibitions are usually awarded upon actions depending in that court , for contracts and other things done in those places , notwithstanding that by use and practice time out of mind , the admiral court have had jurisdiction within such ports , creeks and rivers . the like answer as to the first ; and it is further added , that for the death of a man , and of mayhem ( in those two cases onely ) done in great ships , being and hovering in the main stream only , beneath the points of the same rivers , nigh to the sea , and no other place of the same rivers , nor in other causes but in those two onely , the admiral hath cognisance . but for all contracts pleas and quereles made or done upon a river , haven or creek , within any county of this realm , the admiral without question hath not any iurisdiction , for then he should hold plea of things done within the body of the county , which are tryable by the verdict of twelve men , and meerly determinable by the common-law , and not within the court of admiralty according to the civil law , for that were to change , and alter the laws of the realm , in those cases , and make those contracts , pleas , and quereles tryable by the common-laws of the realm to be drawn ad aliud examen , and to be sentenced by the iudge of the admiralty , according to the civil laws , and how dangerous and penal it is for them to deal in these cases , it appeareth by iudicial presidents of former ages . see the answer to the first article . that the agreement made in anno dom. . between the judges of the kings bench , and the court of admiralty , for the more quiet , and certain execution of admiral jurisdiction , is not observed as it ought to be . the supposed agreement mentioned in this article hath not as yet been delivered unto us , but having heard the same read over before his majesty ( out of a paper not subscribed with the hand of any iudge ) we answer , that for so much thereof as differeth from these answers , it is against the laws , and statutes of this realm , and therefore the iudges of the kings bench , never assented thereunto , as is pretended , neither doth the phrase thereof agree with the termes of the laws of the realm . many other grievances there are , which in discussing of these former will easily appear worthy also of reformation . this article is so general , as no particular answer can be made thereunto , onely it appeareth by that which hath been said , that the lord admiral his officers , and ministers , principally by colour of the said void non obstante , and for want of learned advice , have unjustly incroached upon the common laws of this realm , whereof the marvail is the lesse , for that the lord admiral , his lieutenants , officers and ministers , have without all colour , encroached and intruded upon a right and prerogative due to the crown , in that they have seized , and converted to their own uses , goods and chattels of infinite value , taken by pyrats at sea , and other goods and chattels which in no sort appertain unto his lordship , by his letters patents , wherein the said non obstante is contained , and for which he and his officers remain accountable to his majesty . and they now wanting in this blessed time of peace , causes appertaining to their natural iurisdiction , they now incroach upon the iurisdiction of the common-law , lest they should sit idle , and reap no profit ; and if a greater number of prohibitions ( as they affirm ) have been granted , since the great benefit of this happy peace , than before in time of hostility , it moveth from their own encroachments , upon the iurisdiction of the common law ; so that they do not onely unjustly incroach , but complain also of the iudges of the realm for doing of iustice in these cases . the particular authorities promiscuously alleged by sr. edward coke , are distinctly inserted in the chapters following , in such places as they seem to concern . the jurisdiction of the admiralty of england asserted . that in all places where navigation and trade by sea have been in use and esteem , and particularly in england , special lawes have been provided for regulating the same . la mer a ses loix comme la terre , the sea ( saith godfrey a learned author , ) hath its lawes as well as the land. and it is certain , that navigation was no sooner invented , and men had experience of the commodity proceeding from negotiation by sea , but they established lawes for the maintaining and regulating the same . so much may bee confirmed by what is observable from the use , and practice , first of those nations and states which border on the mediterranean seas ; and secondly of those which confine on the western ocean , and the seas northward . touching the first , amongst the grecians , the inhabitants of the ●sle of rhodes have been most eminent for their policy in the affaires of the sea , cicero saith rhodiorum usque ad nostram memoriam discipliplina navalis & gloria remansit . and constantinus harmenopulus a famous judge at thesolonica , and conservatour of the law there , gives that credit to their lawes , that he affirmes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. all businesse concerning navigation , and all causes concerning things done at sea , are decided by the rhodian lawes , for the lawes of the rhodians are of all sea-lawes the most antient . those sea-lawes of the rhodians , or some part of them , are extant , published in greek and latine by symon schardius , and marquardus freherus , and out of them related by marisotus , in the first part of his orbis maritimus . the romans , who in the beginning of their republique , received their lawes of the twelve tables , from the athenians , under the empire , when their state was at the heighest , and abundantly furnished with lawes for other matters , in the time of tiberius claudius , admitted the rhodian lawes for the regulating of the affaires of the sea , whereupon , when one eudaemon a merchant of nicomedia complained to the emperour antoninus , that he with others had suffered shipwrack , and were spoyled of their goods by certain officers of the islands called cyclades , the emperour answered him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that indeed he was lord of the world , that is to say , of the land , or continent , but that the businesse , and rights of the sea had a speciall rule set down in the rhodian lawes , to which he did referr them . these rhodian lawes , as mr selden observes , were afterwards inserted into the body of the civil laws , by the emperour iustinian and others , and were in high esteem both in the roman & greek empire : the titles to which they are reduced in the civil law are collected by petrus peckius , who hath commented upon them , and are likewise set forth by morisotus , and as they were in use in the greek empire , they are set out by leunclavius , amongst the basilica , or laws from rome received at constantinople . the wisdome and equity of the roman civil laws , in processe of time , have been received and allowed in all nations , and states of europe , for the regulating and determining of businesses at sea , as it plainly appears in all authors of several nations , who have written of , or handled matters of that nature ; to which have been added , diverse ordinances , and constitutions of their own , for confirmation of those laws , and supply , where it seemed necessary : so the provinces and places bordering on the mediterranean seas , according to former usages , and customs , and upon new emergent occasions , established several orders , and constitutions for maritime businesses , which some eminent persons residing at amalphia , ( a town in the kingdome of naples ) reduced into a monument , called tabula amalphitana , of which marinus frecria writes ; in succeeding times , maritime businesses were not determined onely by the rhodian laws , but suites and controversies touching matters of the sea , were determined by the law which is contained in the table of amalphia unto this ●ay . the like was done by the people of venice , morea , or peloponnesus , rome , genua , marsellis , aragon , barcelona , &c. of all which places the constitutions are comprehended in the book , called il consultate del mare , of which it is related in a distinct chapter , questi sono buoni stablimenti , these are the good constitutions and customs which belong unto the sea , the which wise men passing through the world have delivered to our ancestors . touching the nations confining on the western and northern ocean ; it appears likewise , that in spain there were special laws and ordinances provided for the businesses of the sea , for occasions both of war and peace , as in the partidas of alphonsus the ninth , under the title of de los navios , and under the title de la guerre per la mer , and under the title de los navios in the recopilation of philip the d . which are illustrated by the comment of alphonsus , azevedo , and others . so the french for maritime affaires have divers edicts or ordinances which are stiled reglements sur la fait de admiralty , which were established by charls the sixth , lewis the twelfth , francis the first , and lastly by henry the third , most fully , upon review of all former acts , which were afterwards ratified by the court of parliament at paris ; but for ordinary matters of navigation , and trade at sea , the laws , or judgements of oleron , ( which is an island situate at the mouth of the river charenton , near the coast of aquitain ) are of special observation in that kingdone , as appears by an antient record , extant amongst the royal edicts , entituled droits et preminences del admirall , wherein it is declared , that the admirall ought to do justice to all merchants , according to rights judgements , &c. and usages of oleron . and grotius affirms , that as the rhodian laws in the mediterranean seas , were reputed as the lawes of nations , so in france are the laws of oleron , and sayeth further in that place , that in what esteem the laws of oleron have been in france , the same have leges wisbuiences amongst the nations beyond the rhine , which if welwood mistakes not , are the same with the laws of oleron , translated into dutch for the use of the sea coasts in those parts . malines in his lex mercatoria , sets forth a catalogue of the laws of the hanse towns ; and loccenius in his preface to his book , de iure maritimo , mentions , jus nauticum suesicum , and leges wisbuiences , which he sayeth are observed both in the hanse towns , and in the northern kingdomes , and also the ordinances of the hanse towns themselves , and of the belgick common-wealth . it is likewise apparent , that the kingdome of england is not destitute of special laws for the regulating of sea businesses , which are distinct from the common laws of the realm ; as namely , the civil law , and others , of which the books of common law take notice by the names of ley merchant , and ley meriner . touching the civil law , how it is observed in the admiralty of england , sir edward cook shews in his comment upon littleton , where he mentions divers laws which are in use in this kingdome ; and mr. selden in his dissertation , ad fletam , sayes , iuris civilis , vel caesarij usus ab antiquis seculis etiam num retinetur in foro maritimo , seu curia admiralitatis . and accordingly in the time of king edward the sixth , when monsieur villandry being imployed for the king of france , upon occasion of some differences , hapning betwixt the subjects of england , and of france , concerning sea businesses , signified that the king his master was desirous that the ordinances , and the customs of england , might be reduced into one form , without any difference betwixt them , and the french , answer was made , that the english ordinances for marine affairs , were no other than the civil laws , and certain antient additions of the realm , wherein they could not conceive any reason or convenience of change . the law merchant is likewise mentioned , and allowed by sir edward cook in his comment upon littleton , as a law distinct from the common law of england ; and so doth mr. selden mention it in his notes upon fortescue . and sir iohn davis , more fully ownes it in a manuscript tract touching impositions , where he affirms , that both the common law and statute laws of england take notice of the law merchant , and do leave the ca●ses of merchants to be decided by the rules of that law , which law merchant , he saith , as it is part of the law of nature , and nations , is universal , and one and the same in all countries of the world ; for as cicero saith of that law , non erit alia lex romae , alia athenis , alia nunc , alia post haec , sed et omnes gentes , et omni tempore una eademque lex obtinebit , whereby it is manifest , that the causes concerning merchants , are not now to be decided by the peculiar and ordinary lawes of every country , but by the general lawes of nature and nations . he sayeth further , that untill he understood the difference betwixt the law merchant , and the common law of england , he did not a little marvell , that england entertaining traffique with all nations of the world , having so many ports , and so much good shipping , the king of england also being lord of the sea , what should be the cause , that in the books of the common law of england , there are to be found so few cases , concerning merchants , or ships : but now the reason thereof was apparent , for that the common law of the land did leave those cases to be ruled by another law , namely , the law merchant , which is a branch of the law of nations . the law mariner , to which happily the answer to the french agent , mentioning antient additions of the realm , related , were such things as are contained , and preserved in the antient black book of the admiralty , as certain royal ordinances , made by antient kings of the realm . ly . the judgements , or resolutions of oleron , in the time of king richard the first . ly . certain verdicts given upon an inquisition at quinborough , in the time of king edward the third , and some other matters touching the admiralty of england . touching the black book of the admiralty , mr. selden stiles it , vetusti tribunalis maritimi commentarii . and codex manuscriptus de admiralatu . and in his notes upon fortescue , he saith , that there are in it worthy of observation , constitutions touching the admiralty of henry the first , richard the first , king iohn , and edward the first . touching the judgements or laws of oleron , and the use of them in the admiralty court , mr. selden , where he from them argues the soveraignty of the kings of england , in regard , king richard the first did publish the sea lawes in the island of oleron , which was then in his possession , sayes , that they are still in force ; and sir edward cook likewise argues , that the jurisdiction of the lord admirall was long before the reign of edward the third , from the laws of oleron , so called because they were there made by king richard the first . the inquisition at quinborough was taken in the year . in the . of king edward the third , by eighteen expert sea-men , before william nevill admirall of the north , philip courtny admirall of the west , and the lord latimer warden of the cinque ports , and relates , as by the title appears , to the usages of former times ; the verdicts there given were desired to be established by the kings letters patents , in the cinque ports and towns adjoyning to the thames , to be observed by the owners , masters and mariners of ships , under penalties , &c. and malines writes , that he had seen them enrolled amongst the records of the tower , for the government of the admiralty . that generally where lawes have been provided for businesse concerning the sea , as also in england , several iudges have been appointed to determine differences , and redresse offences concerning the same . gregorius tholosanus sayes , iudicum diversorum ratio eo dirigitur , ut lites facilius expediantur , ne immortales sint sub judicibus mole negotiorum occupatis & proinde cum commercia hominum sint maximae utilitatis , placuit negotiatoribus proponi proprios iudices , and accordingly . first , the grecians had their special and proper judges appointed for those businesses , so suidas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. the natodicae were magistrates who did iustice to seamen and others who trade by sea. and the athenians had an expresse law to that purpose , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. that actions concerning seamen and merchants should be commenced before the iudges called the smothetae according to their instruments of contracts , and dealings . secondly , amongst the romans there was antiently an officer called praefectus classis by tully and livy , and iavolenus makes mention of seius saturninus archigubernius classis britannicae , and tacitus of praetor classis , which name imports a power of judicature ; in latter times they had also a magistrate who was called comes commerciorum , whose office was to over-see matters of commerce or negotiation . thirdly , the roman empire being broken into several states , the lesser as republiques , had their consuls , and the greater kingdomes had their admiralls to order and determine those businesses . the office of the consuls is described in the consolato del mare , consoli determinano ●utti le controversie , &c. the consuls determine all controversies which are for fraights , for dammages done to goods on shipbord , for parts of ships to be set to sale at an outcry , for commissions given to masters and mariners , for debts contracted by masters for the necessary use of the ship , for things promised or undertaken betwixt merchants and mariners , for goods taken up at sea , and generally for all other contracts and businesses which are declared amongst the customs of the sea. fourthly , the venetian state being a seigniory , when any great war is expected , or undertaken , have their general or supreme commander of the navy , who is of as high an esteem as any magistrate of the city , having absolute power over all officers , aud others of the navy ; at other times the legatus classis , or vice-general , hath the power of disposing of the navy , and over the captains of the gallies , and other persons of the navy : they have besides four consuls , who judge and determine all matters concerning negotiation , and trade . fifthly , admirals in europe , had their beginning ( as most affirm ) in the time of constantine the emperour , and that in magna graecia , which is now the kingdome of naples , where the dignity of admirall is the third place , to wit after the vice roy , and constable , to whom belongeth the building , repayring , and keeping of the ships royal , and setting out of the fleets for warre , with the kings consent ; he hath also jurisdiction civil , and criminal , amongst commanders , officers , and others , employed about the navy , and all others who get their lively-hood by the industry and art of the sea , which are held to be such , which transport in ships , and adventure their estates by sea , as also such that make it their trade to take fish , or do build ships . this court is called magna curia , and from it there lyes an appeal only to the supreme councell ; garsias mastrilli sayes , he hath all jurisdiction , both civil , and criminal , in maritime causes , exclusive to all others . the king of spain hath divers other admirals , both in europe , and the jndies of equal power , marinus siculus sayeth , of the admirall of castile , that he is next unto the constable , and hath supreme authority over all that use the sea , and is held to be lord and chief commander of the sea , as it is also largely described in the partidos ; besides , for the dispatch of ordinary maritime businesse , by the same laws , judges are appointed to reside in port towns , and other places on the sea coasts , which are to hear the causes of sea-men concerning freight of ships , and contributions for goods cast over-board , or any other matter , which judges were to proceed plainly without solemnities , and with all expedition , &c. in france , by an ordinance of henry the third , made upon a survey of all other former ordinances , ratifyed by the parliament of paris , the office of the admirall in the kings name is thus declared . . that of all armies , which shall be raised and set to sea , the admirall of france , shall be chief , and our lieutenant general , and shall be obeyed in all maritime towns and places , which are or may be , without contradiction . secondly , he shall have jurisdiction , conusance , and determination of all things done or committed on the sea , or shoars of the seas ; likewise of all acts of merchandise , fishing , freighting or letting to freight , or breach of ships , of contracts made touching the matters afore-said , of charter parties of sea briefs , and of all other things whatsoever happening upon the sea , or shoars thereof ; as our lieutenant general alone , and to all purposes , in the places afore-said , which jurisdiction , cognizance , and determination , we have interdicted to all other our judges . he shall hold his principal court at the marble table , in the palace at paris , and shall appoint judges deputies in maritime cities , and towns , who shall hear ordinary matters happening within their circuits , and if any businesse fall out worthy of greater consideration , they shall referre the same to him . in denmark the third place of dignity in the kingdom belongs to the admirall , who is commonly called ry●ks admirall , and as morisotus , writes , he hath the same right and power as the admirall of france . in scotland ( as vvellwood a scotish man writes ) the admirall and judge of the admiralty hath power within the sea-flood , over all sea-faring men , and in all sea-faring causes and debates , civil and criminal , so that no other judge of any degree may meddle therewith , but only by way of assistance , as it was found in the action brought by anthony de la tour against christian martens , novemb. . the admirall of england ( as mr. selden observes ) hath another manner of right , and jurisdiction , than the admirall of france , or other ordinary admiralls , for that the jurisdiction over the seas of england , and ireland , and the dominions and isles of the same as a province are committed to his custody and tuition , as to a president to defend the same , as in the dominion of the king , by whom he is authorized , the bounds of which jurisdiction are limited , and determined in those seas ; and besides , as the french , and other admiralls , he hath the power over the navy , and the government over the sea-men , and jurisdiction over the persons and moveable goods which come under his judicature , pour raison ou occasion del faie de la mer ; which jurisdiction hath no bounds , but extends to the mediterranean , african , and indian seas , or any other far remote . what mr. selden delivers concerning the admirall of englands special jurisdiction , in the first respect , is confirmed by an ancient record in french in archivis of the tower of london , set out at large by sr. edward cook , the effect and tenour whereof is , that whereas during the warrs between philip king of france and guy earl of flanders , reginerus grimbaldus admirall of the french navy , had spoiled the merchants of divers nations sailing towards flanders , in the english seas , and commissioners being appointed by the two kings , to hear and redresse the complaints concerning the same , the deputies of the prelates , nobility , and commonalty of the towns of england , and of divers maritime countries , as of genua , catalonia , spain , germany , zeland , holland , friesland , and norway declare , that the kings of england , by reason of that realm , time out of mind , have been in peaceable possession of the soveraign dominion of the sea of england , and of the islands therein situate , by ordering , and establishing lawes , statutes , and counter-mands , of armes , & vessels otherwise furnished than for merchandising , and by taking security , and giving protection in all causes needful , & by ordeining all other things requisite for the maintaining of peace and right amongst all other people , as well of other seignieuries , as of their own , passing through the same . and all manner of cognizance and jurisdiction high and low touching those laws , statutes , ordinances , & countermands , and all other acts which may appertain to the soveraign dominion afore-said , and that a. d. b. admirall of the sea deputed by the king of england , and all other admiralls appointed by him , and his ancestors , heretofore kings of england , have been in peaceable possession of the said soveraign protection , together with the conusance , and jurisdiction , and all things before mentioned thereunto appertaining ( except in case of appeals to their soveraign kings of england , for default of doing right , or giving wrong judgment ) and especially in making restraint , doing justice , and taking security for the peace of all manner of people , bearing arms on the sea , or ships sailing otherwise apparelled , or furnished than belongs to ships of merchandise , and in all other points in which a man may have reasonable cause of suspicion against them , touching robbery or other misdemeanours . besides the jurisdiction extraordinary of the admirall of england concerning protection against depredations in the english seas ( as mr. selden writes ) his ordinary jurisdiction is over the persons , and goods moveable , which come under his judicature by occasion of businesses relating to the sea , is not only agreeable to the jurisdiction of the french and other admiralls , but is also warranted by the kings commissions , as it is apparent by antient , and later patents , granted by the kings of england , in which the admiralls of englands ahthority and jurisdiction is expressely & fully declared , as followeth , damus & concedimus &c. we give and grant to n. the office of our great admiral of england , ireland , & wales &c. and we make , appoint , and ordain him governour general of our navies , and seas of the kingdoms afore-said : and be it further known , that we of our special grace and certain knowledge , do give and grant to the same our great admirall and governour of our navies all and all manner of iurisdictions , liberties , offices , fees , profits , preheminences , and privileges whatsoever belonging or appertaining ; so far is recited in the solemn form of the admiralls commission , by mr. selden , as sufficient to his purpose , and then saith he follow many things declaring that most ample power , and jurisdiction , amongst which is expressed in civil causes , that to him it is granted , ad cognoscendum de placitis &c. to hold conusance of pleas , debts , bills of exchange , policies of assurance , accounts , charter-parties , contractions , bills of lading , and all other contracts , which may any wayes concern moneys due for freight of ships hired , and let to hire , moneys lent to be paid beyond the seas , at the hazzard of the lender , and also of any cause , businesse , or injury whatsoever had , or done , in or upon , or through the seas , or publique rivers , or fresh waters , streams , havens and places subject to overflowing , whatsoever , within the flowing and ebbing of the sea , upon the shoares or banks whatsoever adjoyning to them , or either of them , from any the said first bridges whatsoever , towards the sea , throughout our kingdoms of england and ireland , or our dominions aforesaid , or else where , beyond the seas , or in any ports beyond the seas whatsoever , with divers other clauses , containing power of coercion for the maintenance of that jurisdiction . by the commission of oyer and terminer granted likewise under the great seal , according to the statute of the th . of henry the . chap. . and other statutes for the punishing of offences and matters criminal committed within the jurisdiction of the admirall , power is granted in the kings name , to hear , and determine de omnibus & singulis proditionibus &c. of all and singular treasons , robberies , murthers , felonies , and consederacies &c. as well in and upon the sea , or any river , port or fresh-water , creek , or place whatsoever , within the flowing of the sea to the the full , beneath the first bridges towards the sea , as upon the shoar of the sea , or elsewhere within the kings maritime iurisdiction of the admiralty of the realm of england , and the dominion of the same . as well against the peace and the laws of the land , as against the kings laws , statutes , and ordinances of the kings court of admiralty . and also touching all and singular other matters , which concern merchants , owners and proprietaries of ships , masters , shipmen , mariners , shipwrights , fisher-men , workmen , labourers , saylours , servitours or any others . that in all places , where iudges have been appointed for sea businesses , as also in england , certain causes , viz. such as have relation to navigation , and negotiation by sea , have been held proper for their conusance . maritime laws , saith gode●ry , concern persons or dealings between merchants and sea-men , which is agreeable to the subject matter of the several laws mentioned in the first chapter , and what appeares to have belonged to the office of maritime judges . amongst the grecians , causes happening betwixt merchants and sea-men were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , causes concerconcerning trade , as julius pollux , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as suidas testifies , the rhodian lawes , although as they are now extant , are not ranked under distinct heads or titles , yet they may be reduced to these particulars , as first , concerning hiring & freighting of ships ; secondly , concerning transporting passingers and goods ; thirdly , touching the delivery ad discharging the things received in good condition ; fourthly , touching contributions for losses , in common danger , and for salvage of goods . fifthly , for borrowing and trusting of money for sea-voyages . sixthly , concerning mariners duties , their wages , and the like . the same were the matters taken into cosideration , when the roman senate entred into a consultation to settle the businesse of the sea ; for when tiberius claudius had signified to them , that the sea-men and merchants trading by sea , had besought him , that such businesses which were incident to the sea , might be reduced into some order , nero , then a senator , advised , that some might be sent to the isle of rhodes , who should diligently enquire , and take notice of what was there observed , concerning mariners , sea-men , merchants , and passengers goods put on board shipps , partner-ships , building , buying , or selling of ships , entrusting gold , and silver , and divers other things . all which was done accordingly , as appeares by the titles of the roman civil lawes , into which the rhodian laws were inserted , and by the laws touching sea affairs , which afterwards the greek empire received from the romans , as in the title de nauticis obligationibus &c. touching the obligations , or duties of mariners , and all manner of actions which may be brought concerning ships , or those who sail in ships , owners , masters , or passengers : moreover touching wrecks of ships , casting forth of goods , and contributions , and also fisher-men and fishing . the same businesses also are regulated by the constitutions of the consolato del mare , in which are conteined , the statutes and ordinances of antient authority , provided for all causes of merchandising , and navigation , as it is more fully signified in a chapter of that book , nello progresso di questo libro . in the progresse of this book it is declared , how the masters of ships ought to demean themselves , towards merchants , mariners , strangers , and all other sorts of people , which passe in their ships , and also how merchants ought to perform with masters of ships , and how strangers and others ought to pay fraight for the transporting of their persons &c. all which are made good in the particular ordinances and constitutions therein conteined . the sea-lawes in the spanish partidaes have the same scope , as it is in the title , we intend here to speak of shipping hired to undergoe the adventure of tbe sea , and we will shew what things the master of the ship ought to observe towards the merchants , and how the dammage that shall happen to goods cast over board by occasion of storm ought to be divided , and of the price due for the hire of ships , and of other matters with may concern the same affair . so much is likewise signified in the title of the laws of oleron , which in the edition annexed to the customes of normandy , are called ordonances royaul touchant le fait de la mere , as also judgments , de la mere , des nef , des mariners , & aussi des merchants , & de tout leur estre , and in the edition set out by peter garrias la maniere comme les maestres de navire . the manner how masters of ships , merchants and mariners , ought to regulate and govern themselves , according to the iudgements of the roll of oleron . notwithstanding these examples of the usages of all other nations , some amongst us , as take upon thē to determine , that to the jurisdiction of the admiralls of england , no special , or certain causes do belong ; so the lord hobard , in audly and iennings case affirms , that their jurisdiction is not in respect of any certain causes , as the causes of tithes and testaments are in the spiritual court , but only in respect of place , and no doubt but sir edward cook , and others who talk so much of altum mare , are themselves perswaded , and would perswade others , to be of that opinion ; but it is apparent , that it is not the place only , but the nature of the case , happening within such a place , that makes the jurisdiction , and therefore if a contract of marriage , or a testament be made at sea , the admirall claimes no conusance thereof , which he might do if the place alone were sufficient to give the jurisdiction , and so godfry in his comment upon the customes of normandy saith , that the iurisdiction of the marshal of france , and of the admirall , are limited to certain causes and matters , whereupon it followeth , that they cannot iudge , but of things , of which the conusance belongs unto them , for their iurisdictions are not regulated onely by the territory or place , but also by the causes and matters over which a competent power is granted unto them . and so justice reeves , in an argument in communi banco delivered , that he differed in opinion from the lord hobard , and affirmed , that the cause as well as the place gave jurisdiction , for if a man upon the sea do seal a lease , or an obligation , the common law shall have the jurisdiction , and not the admiralty , because the cause is not maritime , and this he sayes agrees with the lord hobard himself in bridgemans case , and sergeant callis in his readings doth acknowledge , that the king rules on the sea by the laws imperial and the roll of oleron , and others , but that is , saith he , in the causes of shipping , and of merchants and mariners . and whereas the sergeant sayth well , and i suppose no man will deny but the civil or imperial laws , the roll of oleron and others ( by which i suppose may be understood , the articles of the inquisition of quinborough ) are of force in the admiralty of england , for further illustration that there are certain causes properly belonging to the conusance and jurisdiction of the admiralty court of england , it may be more particularly deduced and shewed from these several , and respective authorities . and first , as touching the particular causes , which may be deduced from the civil laws , some things have been allready shewed , out of what the romans derived from the rhodian laws , and if any will be further satisfied , he may find it perspicuously declared , in a tract . de iure & judicio maritimo , wherein the particular causes , not only civil , but also criminal , concerning navigation , & negotiation by sea , are summarily set down , with relation to the text of the civil laws . and touching the laws of oleron , which are lesse obvious , it may be observed , that the particular cases therein are , as first touching ships hired for sea-voyages , and their proceedings in the same . how masters , and mariners , are to be satisfied , when the merchant provides not his goods ready , to be laden at the time agreed upon . how the master ought to consult with his company before he put out of the harbour , and proceed with their advice , and what he is lyable unto , if he do otherwise . how the master ought to make satisfaction when the merchant is prejudiced by his stay , in any place , and is not proceeding in the voyage . how the master , in case his ship be disabled by some misfortune , may repair it , or hire another , or if the merchant refuse , what fraight may be demanded . secondly , touching the safe keeping , and delivering of goods received into the ships . how the merchant shall be satisfied if his goods be damnified in the ship , by evill stowing , or other bad usage , and how the master and company may clear themselves . how the master and company are lyable unto the merchant , if any goods brought into the port of discharge , miscarry in the unlading by occasion of the tackling or cordage which are found unfit . thirdly , touching the engaging of ships or goods in case of necessity . first , whether the master wanting means to proceed in his voyage , may sell , or dispose of the ship without commission from the owners , and how , and in what case he may engage some tackle , or furniture of the ship. how far , in case of necessity , the master may intermeddle with the merchants goods , and if he dispose of any , how he is to make accompt , and give satisfaction . fourthly , touching contributions to be made for loss , upon occasion of common danger . first , how the master with advice of those in the ship , or otherwise , in extremity of tempest , may cast out some mens goods , to save themselves and the rest , and how average , or contribution is to be made . how the master in the tempest cuting down his mast , and casting it over board to save the ship and goods , ought to have satisfaction from those whose goods were saved . fifthly , touching damages done by , or betwixt several ships . first , how and in what manner the damage is to be born when a ship sailing into a port bruizes or br●aks another ship riding there at anchor . secondly , how if two ships riding at anchor in a haven , and the water being low , the master of the one observing some danger from the anchor of the other , may give notice thereof to the master of that ship , and if he neglect to remove it , may cause it to be done by his own company , and if he be hindred therein , and damage done , what reparation may be recovered . sixthly , touching the charge for hiring of pilots , and their duty . the master being bound by charter-party to pay pilotage , in what places , and how far he is bound thereunto . how far the pilot is liable to make ●atisfaction of the ships miscarriage under his charge , and whether he be bound when he hath brought her into the harbour , if she miscarry by misplacing there . there be many other cases contained amongst these judgements of oleron , but these may suffice for our purpose . as the roll of oleron doth contain judgements or verdicts especially in civil causes , which did belong to maritime judicature , so in the inqui●ition at quinborough are presented matters criminal , and offences concerning which antiently inquiry hath been made in the admiralty jurisdiction , which may be reduced into these heads , as first , offences against the king and kingdome ; as of such as did furnish the enemy with victuals and ammunition , and of such as did traffick with the enemies , without special licence . of traytors goods detained in ships , and concealed from the king. of pirats , their receivers , maintainers and comforters . of murthers , man-slaughters , maymes , and pety-felonies , committed in ships . of ships arrested for the kings service , breaking the arrest , and of sergeants of the admiralty who for money discharge ships arrested for the kings service , and of mariners who having taken pay run away from the kings service . secondly , offences against the publick good of the kingdome ; as of ships transporting gold and silver . of carrying corn over sea without special licence . of such as turn away merchandizes or victuals from the kings ports . of forestallers , regrators , and of such as use false measures , ballances , and weights , within the jurisdiction of the admiralty . of such as make spoil of wrecks , so that the owners coming within a year and a day cannot have their goods . of such as claim wrecks , having neither charter nor prescription . of wears , riddles , blind-stakes , water-mills● &c. whereby ships or men have been lost or endangered . of removing anchors , and cutting of buoy-ropes . of such as take salmons at unseasonable times . of such as spoyl the breed of oisters , or dreg for oisters , and mussels , at unseasonable times . of such as fish with unlawfull nets . of taking royal fishes , viz. whales , sturgeons , purpoises , &c. and detaining the one half from the king. thirdly , offences against the admiral , the navy , and discipline of the sea. of judges entertaining pleas of causes belonging to the admiral , and of such as in admiralty causes sue in the courts of common law , and of such as hinder the execution of the admirals process . of masters and mariners contemptuous to the admiral . of the admirals shares , of weifs or derelicts , and of deodands belonging to the admiral . of fletson , jetson , and lagon , belonging to the admiral . of such as freight strangers bottoms , where ships of the land may be had at reasonable rates . of ship-wrights taking excessive wages . of masters and mariners taking excessive wages . of pilots , by whose ignorance ships have miscarried . of mariners forsaking their ships . of mariners rebellious , and dis - obedient to their masters . in the same antient book of the admiralty there is a copy of a more antient enquiry touching admiral causes , wherein some things relate to constitutions made by king richard the first at grimesby , ( viz. ) that ships arrested for the kings service , breaking arrest , shall be confiscated to the king ; and by king iohn at hastings , that no private man should appropriate to himself the benefit of any salt waters , by meers , ridles , and the like , and that the same should be pulled down . and the fishing cryed common to all people was likewise ordered by king iohn . this may suffice to confirm that there were certain special causes , both civil and criminal , which did antiently belong and properly to the conusance of the admiral , and to shew that his jurisdiction was not wholly confined onely to the sea. that the iurisdiction of the admiral of england , as it is granted by the king , and is usually exercised in the admiralty court , may consist with the statutes and laws of this realm . first it appears by antient record of the time of king edward the first , de superioritate maris , that it was acknowledged by the deputies of the parliament of england , and of divers other nations , that the kings of england time out of mind injoyed the dominion and soveraignty of the english seas , by prescribing laws and statutes for the preserving peace and justice , and by exercising all kind of authority in matters of judicature , and all other things which may concern his soveraignty in the same , which being granted , his power to depute a magistrate or officer to those purposes , with so much of his authority as he shall think fit , cannot be denied . secondly , that the jurisdiction and power granted by the king in his letters patents to the admiral , is agreeable to commissions antiently granted , and which have been passed from time to time by the kings learned counsel , and by the lord chancellor , or the lord keeper for the time being , who have thereunto set the great seal : and that the authority and jurisdiction of the constable and marshal is designed by st edward cook , by referring to grants of those offices antiently made by many several kings , with exception onely to one irregular precedent , in the time of king edward the fourth . thirdly , that mr. selden shews , that all the patents of the office of the lord admiral , from the beginning of queen mary's time to the time of king charles , have been conceived after one and the same form and tenor , as of edward lord clint●on , afterwards earl of lincoln , under king philip and queen mary , of charles howard lord effingham , afterwards earl of nottingham , under queen elizabeth , of charles duke of york , after king charles , under king iames , and of george duke of buckingham , under king iames , and king charles , to which may be added the patent of algernon earl of northumberland under king charles the first , and of iames the most illustrious duke of york under king charles the second . fourthly , that the lord admiral and his deputies proceeding according to his commission , is expresly allowed by king philip and queen mary , where they by a statute restraining the exportation of corn without licence , make a special provision , that that act shall not be prejudicial or hurtfull to the lord great admiral of england , for the time being , or to the king and queens majesties iurisdiction of the admiralty , but that the said lord admiral or his deputies shall exercise , use and execute all kinds of iurisdiction belonging to the sea , according to his or their commissions : which provision , although it seems to have been made in respect of that statute , yet it shews what respect the king and queen intended to their lord high admiral , their own admiralty jurisdiction in all matters belonging to the sea , and to the commission by them granted . against the jurisdiction of the admiral as is granted by the king , and as it is exercized in the court , it is pretended in general , that it is not agreeable , first , to several acts of parliament , secondly , to divers judgments , book-cases and judicial proceedings , to which may be added the resolutions of the judges upon the complaint of the admiral , in sir edward cooks articuli admiralitatis , all which more specially may be reduced to three heads . first , where the admiral meddles with contracts and writings concerning sea businesses made within the realm . secondly , where he meddles with other things done within the bodies of counties , and thirdly , with such things as are made or done beyond the sea. the acts of parliament are , first , the statute of the . rich. . chap. . which restrains the admiral from meddling with things within the realm . secondly , that of the . of the same king , chap. . which declares , that he hath no jurisdiction within bodies of counties . thirdly , that of hen. the . which inflicts penalties on those who sue or proceed contrary to that of the rich. . fourthly , that of the of elizabeth , which is pretended to exclude the admiral from meddling with things done within ports and rivers . the first of these , being more general , may in this place be considered , the rest being more particular may , in discussing of some other particular points to which they are appliable , be examined . that of the rich. . chap. . ordains , that the admirals and their deputies shall not meddle of any thing done within the realm , but only of things done upon the sea , as it hath been used in the time of king edward the third . touching this statute it may be observed what sir edward cook delivers out of plowdens commentaries , that the praeamble of a statute is the key to open the meaning of the makers of the act , and the mischiefs which they intended to remedy ; now in the praeamble of the statute it ●s suggested , that the admiral had encroacht divers jurisdictions and franchises belonging to the king & other lords , from whence it may be conceived , that the parliament intended only to restrain him from medling in his courts with such things within the realm , wherein he had encroacht upon the jurisdiction of the king and other lords , which what those things were , it doth no wayes appear ; but it cannot be imagined or reasonably conceived , that it was intended the admiral should be debarred from proceeding in causes of navigation and negotiation by sea , which never did belong to any other courts of the king or other lords , and were formerly held proper for the conusance of the admiral , and as things were then stated could not be held encroachments . so much may the rather be supposed , because the statute restraining him from meddling with things done within the realm , but only with things done upon the sea , further adds , according to what hath been duly used , in the time of the noble prince king edward , grand-father to the king , which was king edward the third . sir henry sp●●man writes , that some men did conceive causarum nauticarum cognitionem , & forum rei maritimae , quod hodie curiam admiralitatis vocant , sub edwardo tertio illuxisse ; and it is probable , that in that kings time , who did many other glorious things for the good of this nation , the court of admiralty received some setlement , and grew more conspicuous than it was before ; but the constitutions observed by mr. selden in the book of the admiralty of henry the first , richard the first , king iohn , and edward the first do manifest , that the court was much more antient : and sir edward cook , to shew the antiquity of the court of admiralty to have been long before the time of edward the third , in whose dayes , he sayes , that some had dreamed that it had begun , recite , the antient record de superioritate maris , before mentioned , and likewise another quoted also by mr. seld●n , wherein it is shewed that king edw. the third in the year of his reign did consult with all his judges , ad finem quod retineatur & continuetur ad subditorum prosequutionem forma procedendi quondam domini regis &c. that is , to the end that the form of proceedings at the sute of the subjects begun and ordained by his grand-father king edward the first and his counsel , for retaining and preserving the antient soveraignty of the sea of england , and the right of the office of the admiralty in the same , might be resumed , and continued , touching the correcting , interpreting , and declaring the laws and statutes lately ordained for the maintaining of peace and iustice amongst the people of all nations whatsoever , passing through the english seas , and for punishing of offences , and for giving of satisfaction to such as were damnified , which laws and statutes were corrected , declared , interpreted , and published by king richard the first king of england in his return from the holy land , and were intituled le ley oleron in the french tongue . and it is manifest , that the law was continued all that kings time , in regard that in the year of his reign , the selected sea-men for the inquisition at quinborough , in the conclusion say , that touching some businesses proposed in the articles of the inquisition , they know no better advise nor remedy than that which had been formerly used and practised after the manner which is conteined in the law of oleron . all which being admitted and duly considered , it may be presumed , that such causes as did originally by civil law belong to the admiralty , and what former kings had antiently ordained for the regulating of the same , as likewise such as were agreeable to the matters decided in the iudgments of oleron , and what are conteined in the inquisition taken at quinborough , in the time of king edward the third , were within the conusance of the admiralty court , and consequently the same are permitted to be tried and determined in the same court by the statute of the of rich. . touching the judgments , judicial acts , and book-cases intended to restrain the admiral of england in exercise of his jurisdiction as it is granted in the kings commission , it may be answered in general , first , that those judgments , judicial acts , &c. are in causes of difference in respect of jurisdiction betwixt the courts of common law and the admiralty court , and it is incident to all professions , where there is any competition or emulation with others , to incline to that which is most to their advantage . secondly , such judgment sand book-cases have been grounded upon the common understanding of the statutes , without any notice or respect to the laws of the sea , or the condition of maritime causes , the circumstances of the places being the chief rule by which they have been framed . thirdly , that many of them upon due examination may be found not so concluding as they are pretended , and although much respect and reverence be due to the authours , yet we are not bound to believe that their judgments are infallible . fourthly , that the judicial proceeding as prohibitions , being the results of the former authorities they may be weighed accordingly . lastly , touching the main piece , sir edward cooks articuli admiralitatis , carrying the reputation of the resolutions of all ●●e judges touching the matters therein conteined , it will appear that they very much differ from the concessions of the judges of the kings bench , and from the resolutions of all the judges the of february , subscribed unto by them , in the presence of king charls and twenty lords of his counsel . the particular authorities which may be collected out of sr. edward cooks notes , to prove that the admiral of england hath no conusance of things done within the realm , but only of things done upon the sea , are as followeth , that in the rich. . hibernici sunt sub admirallo angliae , de facto super alto mari. that the rich. . in an action of trespass brought for a ship and merchandises taken away , the defendant pleaded that he did take them , en le haut mer , ou les normans que la enemis la roy , and it was allowed a good plea. that fortescue who lived in the time of hen. the sixth saith , siquae super altum mare extra corpus comitatus in placito coram admirallo deducantur per testes terminari debent . that dyer in the time of queen mary saith , that by the libel in the admiralty court ▪ the case is supposed to commence sur le haut mer , & intra iurisdictionem de l' admiralty . to these authorities may be answered in general , first , that whereas some of them speak of altum mare , the statute of the of rich. . hath no such attribute , but mentions simply the sea. that the same authorities granting that the admiral hath jurisdiction on the sea , do not declare , much less conclude , that he hath no jurisdiction elsewhere : and as to the particulars , the authority of rich. . which affirms that the irish were subject to the admiral of england , for a thing done on the sea , mentions not for what kinde of thing , and happily it might be for some offence against the crown , or against the peace , in offering violence to the kings subjects , or the subjects of his allies ; and in such cases it might be understood , that he had jurisdiction over the irish , as over the subjects of england , and other nations , onely extending to the high sea ; but it cannot from thence be argued , but that if it were a business concerning navigation , or negotiation by sea , he might also have had jurisdiction over the irish , as well as over other persons , not onely super alto mari , but also in other places elsewhere . the plea to the action of trespass , in the rich. the . might be good , and allowed in two respects ; first , in regard the thing was done where the country could take no notice , and therefore no jury by twelve men could be had . secondly , in regard the ship and goods were taken from the kings enemies , against whom no ●respass could be committed , because that to offend them any wayes was lawfull ; and in that respect the plea might have been allowed , although the ship and merchandise had been taken in a port , or navigable river . . whereas fortescue sayes , that things done upon the high sea , prosecuted before the admiral , ought to be determined according to the proofs made by witnesses , and no more , sir edward cook affirms , that it proves by express words that the admiralty is confined to the high sea : fortescue having given reason for trials by jury , when the neighbourhood of the country could take notice of the business , grants that for things done in other places , the law of the kingdome doth allow of proofs by witnesses , as in causes commenced before the admiral for things done on the high sea , and likewise before the constable , for things done beyond the sea ; so that it is evident he doth no more expresly confine the admirals jurisdiction to the high sea , than he doth the constables to places beyond the sea ; it being notorious that his jurisdiction extends to deeds of war , and arms within the land ; as it will be proved that the admirals jurisdiction likewise to matters of navigation , and negotiation by sea. touching the authority of dyer , that by libel in the admiralty court , the case is surmised to commence , sur la haut mer , &c. it may be answered , that the libels in the admiralty , sometimes ( as the business falls out ) declare , super alto mari & infra jurisdictionem curiae , but ordinarily causes are laid onely intra fluxum & refluxum maris & iurisdictionem curiae , and generally the causes are no otherwise described , but a contra b. in causa civili , & maritima . that the admiral of england may hold conusance of contracts , and writings made at land , touching business of navigation and trade by sea. by an ancient record in the black book of the admiralty ( of which mr. selden takes notice ) it appears , that it was ordained by king edward the first , and his lords , at hastings , que comment div●rs seigneurs avoient francheses , &c. that although di●ers lords had ●ivers franchises to try pleas in ports , yet that neither their steward , nor bayliffs should hold any plea , if it concerned merc●ant or mariner , as well for matter of fact , as of ships , obligations , and other d●ed● ; which although it extends onely to inferiour lords , yet it may be said , that it was done in favour of the admirals jurisdiction , in such matters . secondly , by commissions from time to time granted by the kings of england , to the admirals , power is given , ad cognoscendum , &c. to hold the conusance of charter-parties , policies of assurance , bills of bottomry , bills of lading , and of sale of ships . thirdly , the causes and sutes arising by occasion of businesses contained in such writings have in all observable times and places been held to be maritime , and the conusance of them hath been allowed to martim courts , as it hath been before fully shewed ; and it may be further considered , that such contracts and writings have their original from ancient maritim laws , & are both in names and nature , things forein to the laws of this realm : and so much may be gathered from the order which wes● observeth in his book of presidents , where after the form ▪ of deeds and contracts proper to the common law , he handles those which concern merchandizing and trade by sea , as things of a distinct and several nature . touching the particulars , first , charter-parties seem to have been derived from the rhodian laws , by which it was provided , si quis na●em conduxerit , instrumenta consignata sunto , if any man shall hire a ship , let there be writings drawn and sealed thereupon . there is likewise mention of charter-parties in the role of oleron , and in the french later ordinances , made for the reglement of the admiralty of france , and it is supposed that no mention of them can be found in any law or statute of this realm , until the of king henry the . cap. . where the conusance of them is referred to the admiralty , as it shall be hereafter shewed . moreover malines confirms , that anciently in charter-parties it was exprest , that the contents thereof should be understood according to the law of oleron ; and at this time there are clauses usually inserted into them , enjoyning , that the merchants besides the payment of freight , shall make allowance for primage , average and pettelodmenage , things no where occurring in the books of common law , and anciently determinable by the law of oleron . secondly , policies of assurance are grounded upon the civil law , which alloweth an action for the undertaking a hazard which is doubtfull , for reward or consideration first given , which is commonly called a praemio , they are of later civillians called sponsiones mercatoriae , and assecurationes , which malines affirms , were taken up in this kingdome from the laws of oleron , practised on the sea coasts of france , but it is manifest that now they are likewise in use in venice , naples , genua , ancona , spain , and portugal , and in other places where the affairs of the sea are regulated by the civil law , the consolato , and laws of oleron . thirdly , bills of bottomry , when an owner , or master of a ship , to furnish his voyage , takes up money upon extraordinary interest to be paid when the ship arrives at the port appointed , and thereby engages his ship for the performance of the same , are grounded on the ancient grecian and roman laws . iulius pollux , a learned expositor of tearms , or words used amongst the grecians , calls a bill of this kinde , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , quae de nautico soenore conscripta est , of which nauticum foenus , there are several titles in the digest and code of the civil law , and the monies so lent to be transported at the hazard of the lender , in the civil law is called pecunia trajectitia , of which salmatius , pecunia trajectitia dicitur , quae trans mare vehenda accipitur , & usurae quae ex pacto in eam pecuniam praestantur , maritimae , & nauticae dicuntur . fourthly , bills of sale of ships are made conformable to maritine laws ; for as west in his presidents delivers the form , it is in such bills of sale exprest and declared , that he that sells the ship bindes himself , his executors , and administrators , the said ship so bargained and sold , to warrant and defend , against all men , for one whole year , and a day , according to the law of oleron , the danger of the sea , fire , and enemies , onely excepted . these things being considered , it may be thought reasonable , that such contracts and writings being grounded upon the civil law , the laws amongst merchants , and other maritime laws , the sutes arising about the same should rather be determined in those courts , where the proceedings and judgements are according to those laws , than in other courts which take no notice thereof . for the restraining of the court of admiralty from proceeding in sutes arising from such contracts and writings made at land , although the businesses therein contained , are to be performed at sea , amongst the authorities cited by sir edward cook , there may be intended appliable to this purpose , first the act of parliament of the . of richard the . chap. . secondly , some judgements given , and prohibitions granted in the courts of common law , concerning causes of this sort , commenced in the admiralty . touching the statute of the . of richard the . chap. . which is the ground of the main objections against the admirals jurisdiction , it may be conceived , that whereas that of the . chap. only in general restrains the admirals from medling with things done within the realm , and allows them to meddle with things done on the sea , that is relating to the sea , this statute was intended to declare more expressly , both in what places , and in what matters they should not meddle , and touching the places , in regard the word realm , as sir edward cook observes , in a general sence extends to the sea within the kings dominions , as well as to the land , declares the restraint , to be only within the bodies of counties , and it may be supposed that he intended a difference betwixt the bodies and the extremities or bounds of counties , as the statute of the . of edward . makes a difference betwixt things done within the shires , and things done within the marches , and borders of shires , whence the statute of the . of elizabeth , chap. . allows to the admirals jurisdiction , as the main sea , so also the coasts of the sea , being no parts of the bodies of any counties of the realm , and in that respect this statute specially excepts from the admirals jurisdiction , the conusance of wreck of sea , as happening on the coasts or shores of the sea , out of the bodies of any counties , so that as to the place , or territory of the restraint , this statute declares it streighter , than that of the . of richard the second . touching the matters , with which the admiral by this statute is not to meddle within the bodies of counties , they are expressly declared . first contracts , pleas , and quarrels , that is personal actions concerning contracts ; and secondly are implyed matters criminal , and the prosecution of them . touching the first , which concern this assertion , the words are , that the court of almiralty hath no manner of conusance of any contract , plea , or quarrel , rising within the bodies of any counties ; but all such contracts , pleas , and quarrels shall be tried , determined , and remedied by the common law. which words are so general , that it is pretended , they ought to be understand of all contracts , and writings whatsoever , even of such as concern sea businesses , if they be made , or written within the bodies of any countries . in answer whereunto , there may be taken into consideration , a general rule cited by sir edward cook , allowed as he saies by all laws , in construction of statutes , viz. quamvis lex generaliter loquatur , restringenda tamen est , ut cessante ratione , & ipsa cesset , cum enim ratio sit anima , vigorque ipsius legis , non videtur legislatur id sensisse , quod ratione caret , ●tiamsi verborum generalitas prima facie aliter suadeat . and the reason of this statute , as may be gathered from the praeamble , as the key thereof , was to hinder the admirals encroaching of divers jurisdictions , franchises , and profits pertaining to the king , and other lords , besides those they were wont or ought to have of right ; by which words it is acknowledged , that the conusance of some ma●ters did formerly belong to that jurisdiction ; and not to diminish any of their ancient and just rights in things belonging to the sea , which are permitted , and allowed to the admiral , by the statute of the . of richard . and unto which neither the kings courts , no● the courts of any other lords had formerly before this statute any pretence . sir edward cook in his answers to the . objection of the complaint , ● . iacobi , saith , that the judges acknowledge , that of contracts , plea● , and quarrels made upon the sea or any part thereof , &c. the admiralty hath and ought to have jurisdiction , and that no president can be shewed , that any ●rohibition hath been granted for any contract , plea , or quarrel concerning any marine cause made or done upon the sea. by which words he implies , that although the admiral had and ought to have jurisdiction upon the sea , yet it was only concerning marine causes , but if a contract , plea , or quarrel were made or done upon the sea concerning any terrene cause , or matters concerning businesses of the county , a prohibition might be granted . now it may seem worthy of consideration , whether any reason can be shewed why the courts of common law ought to have cognizance of contracts , pleas , and quarrels which concern terrene causes , or matters concerning businesses of the county , made or done upon the sea ; yet if contracts , pleas , or quarrels , which concern marine causes , or matters belonging to the sea , be made or done within the bodies of counties , the admiral ought not to have the like cognizance , and if no reason thereof can be shewed , how according to the general rule which sir edward cook delivers touching the construction of statutes , the common interpretation which is made of that of the . of richard . chap. . by which contracts , pleas , and quarrels arising within the bodies of counties , are extended to contracts , pleas , or quarrels relating to marine affairs , can be justified , the reason of the rule being , cum ratio sit anima legis , non videtur legislator id sensisse , quod ratione caret , etiamsi verborum generalitas , prima facie aliter suadeat . and that the place only , where a contract is made of written , should alter or transferr the jurisdiction to the courts of common law , may seem very unreasonable , for the reasons following . first , for that contracts , pleas , and quarrels , being things incorporeal , or matters of right , may more properly be said to arise from that , from which they are caused , or occasioned , than from the place where they happen to be made , and so contracts , pleas , and quarrels occasioned by the businesses of the county , may be said to arise within the body of the county , and contracts , pleas , and quarrels occasioned by the businesses of the sea , may be said to arise from the sea , in what places so ever they happen to be made , or written . so it is properly said , ex facto jus oritur , & actio oritur ex delicto . because the law results from the fact , and the action is occasioned by the fault . so where the jurisdiction of the admiral of france , is said to be , pour le fait de la mer , mr. selden renders it in latin , ob causam aliquam à re maritima ortam , and salmatius ( as before ) saith , usurae propter pecuniam trajectitiam praestandae maritimae & nauticae vocantur , etsi nummi in terris dantur . secondly , that the end of a contract , being to have something performed , and pleas and quarrels are occasioned by the non-performance , or ill performance of the same , the place of performance is more considerable , than the place where the contract was made , or written ; so ulpian a famous roman lawyer saith , mulier exigere dotem illic debet , ubi maritus ●omicilium habet , non ubi instrumentum dotale conscriptum est , nec enim id genus contractus est , ut tam eum locum spectari oporteat , in quo instrumentum dotis actum est , quam locum domicilii , in quem mulier per conditionem matrimonii reditura erat , when a dowry is to be restored to a wife , after her husbands death or divorce , it is not to be estimated , according to the value of things where the instrument or deed of the dowry was made , but according to the value of the place where the dowry was to be made good , that is the place , where her husband lived . thirdly , for that if the question be whether a maritime contract were made or no , it may be determined by a jury of the place , but if the plea or sute be ( as most commonly it is ) whether the contract be performed , or not performed , it cannot be determined but upon proofs , made from the place of performance , of which the vicinage to the place where the contract was made , can take no notice , and therefore it is improbable that the statute should intend that such sutes should be tried , discussed , and determined only by the courts and course of common law. fourthly , the common law is not so strict , but that according to the nature of the business , it allows jurisdiction to other courts ; for although promises and contracts of money , are generally pleadable in the courts of the common law , yet as bracton writes , causae de rebus promissis ob causam matrimonii , in foro ecclesiastico terminari debent , quia cujus juris , id , & jurisdictionis , est principale , ejusdem erit accessorium ; and in an other place he gives a reason for the same , quia semper videndum propter quid aliquid sit , vel promittatur . and again , although sutes touching tenures and services belong to the same courts of common law , yet littleton shews , that if tenants in franck almain , fail to perform divine service , the lord may complain thereof to the ordinary ; and sir edw. cook in his comment thereupon observes , that the law doth appoint every thing to be done , by those to whose office it properly appertaineth , and so saith he , the lord hath remedy for his divine service ( albeit it issue out of temporal lands ) in foro ecclesiastico , by the ecclesiastical court. and certainly if what constructions are made of the law , were made of this statute , it would be more easily admitted , that a maritime contract , although made , or written within the county , should be tried before the judge of the admiralty , whose office it is to determine maritime causes . thirdly , for the better discerning of the meaning of this statute , it is offered to consideration what hath been the sense of parliaments in preceding and subsequent statutes ; as first in the statute of the staple made in the of edw. the . in chap. where it is declared , that the mayors and constables of the staple , shall have iurisdiction and conusance within the towns where the staple shall be , of all manner of things touching the staple , which shall be ruled by the law merchant , and not by the common law of the land , nor by the usage of cities , burroughs , or other towns , &c. so that all manner of contracts and covenants made betwixt merchant , and merchant or other , where one party is a merchant , whether the contract be made within the staple , or without , the plaintiff may sue his action or quarrel before the justices of the staple by the law of the staple , unless he make choice to sue in some other place of the common law ; from which may be observed , first , that the merchants businesses , by the judgement of the parliament , were held fitter to be regulated by a special law , viz. the law-merchant , than by the common laws or customes of the countries . secondly , that where contracts or covenants did concern merchandize , or matters belonging to the staple , it was not thought considerable , to point of jurisdiction , whether the contract or covenant were made within or without the precincts of the staple . the susequent statutes are that of the of hen. . chap. . which declares that the court of admiralty may hold plea of charter-parties ; and that of the of elizabeth , chap. . which hinders the courts of common law from medling with policies of assurance , which two things are the main matters endeavoured to be maintained by the statute of the of rich. the . to belong to the conusance of the courts of common law , because they are usually made at land , within the bodies of counties . the statute of the of hen. . ch. . prohibiting the employment of forein ships , ordained , concerning the shipping of this kingdome , that the owners , or masters make their departure from the port of london , after the freighting , or lading of the ship , as soon as wind and weather wil serve , according to the charter-party made betwixt the owner , or master , and the merchants , without protracting of time , and also that they , and every of them to his power , shall see and provide that all wares and merchandises , which shall be by the said merchants , and their servants brought into any ship or vessel , shall be honestly and in good order saved and kept ; provided alwayes , that if any merchant stranger , or other , finde himself grieved , or damnified , by negligent keeping of his wares , or merchandises , or by long delaying , or protracting of time , in making of the voyage , by the said owner , his master , or any of the mariners of the said ship , otherwise than shall be agreed in , or by the said charter-party , not having been le●ten by wind or weather , he shall and may have his remedy by way of complaint , before the lord admiral of england for the time being , his lieutenant , or deputy , against the said owners or masters , who shall or may summarily , and without delay take such order therein , as shall be thought to their discretions most convenient , and according to right and justice in that behalf . it is true , that the cases exprest , are for the merchants to recover satisfaction for delay , or damage done to their goods , according to the charter-party from the owners , and the masters of ships ; and it were very unreasonable , if the master or owner having d●ely performed their voyage , might not seek the like remedy before the same judge against the merchants , not observing the charter-party , either in not lading their goods within the time appointed , or not paying the freight according to agreement in the same contained and exprest , the causes being hinc inde reciprocal , and it being sometimes held an absurdity , illud quod in uno eodemque judicio terminari potest , apud diversos iudices ventilari . the statute of the of elizabeth , chap. . declares , that whereas differences growing upon policies of assurance had been ordered by discreet merchants , approved by the lord mayor , who did speedily decide those causes , until that of late years , divers persons did withdraw themselves from that arbitrary course , and have sought to draw the parties assured , to seek their monies of every several assurers by sules commenced in her majesties courts , to their great charges , and delay , thereupon it was enacted , that a commission should be granted , giving power to certain commissioners ( the first whereof is the judge of the admiralty ) to order and decree such causes , in a brief and summary course , without formalities of pleadings and proceedings . malines affirms , that he amongst others , was one who upon experience of the great inconveniences which followed upon the drawing of those causes , to the courts of common law , solicited the parliament to pass that act. the legal authorities which may be conceived to be intended to debar the admiral from the conusance of contracts , and writings made at land , touching things to be performed at sea , or such as shew that since the making of the statute of the of rich. . chap. . and not before , the courts of common law have admitted , and held pleas of charter-parties , of policies of assurance , and declared something concerning mariners wages . touching charter-parties , it is shewed first that in the of hen. . an action was brought upon the statute , of double damages , by william hore against ieffery unton , who had sued the said hore in the admiralty for fourscore pounds upon a charter-party of freightment of a ship of the said ieffryes , imployed to go towards island , in regard , contractus ille apud novam sarum infra corpus comitatus , & non super altum mare factus , & junctus fuit ; whereupon damages were assessed against the defendant to an hundred marks , and costs to l. again , that in the of elizabeth in the kings bench , upon a charter-party , by a deed indented which was made at thetford in the county of norfolk , euangelist constantine sued hugh glynn , for the breach of covenant , in not staying at mu●trel in spain so many dayes as were limited by the covenant , whereupon he was condemned in l. and in arrest of judgement it being shewed , that the issue did arise out of a place in a forein kingdome from whence no jury by twelve men might be had , and that therefore the trial was not sufficient , sir christopher wray , and the whole bench resolved , that the plaintiff should recover l. besides the costs and damages , because the charter-party was made at thetford within the realm . concerning policies of assurance , that in the of hen. . in a case betwixt crane and be●l , touching a promise made at dartmouth , that the ship should pass without taking , which was afterwards surprized by the spaniard upon the high sea , it was held not determinable in the admiralty , for although the taking were upon the sea , yet the promise was upon the land. again , that in the of elizabeth , an action of the case was brought in the kings bench upon an assumpsit , from a policy of assurance , where it was undertaken , that a ship should sail safely from melcomb regis to abbevil in france , the ship being arrested by the french king in the river of somme , in the realm of france , and the matter was there adjudged : ●o which may be added what sr ed. cook delivers for law in dowdales case , cum combein le contract comme le performance , &c. when as well the contract as the performance of it , is wholy done beyond the sea , and it so appears , the trial fails at the common law : but here , saith he , the assumpsit was made at london , which is the ground and foundation of the action , and therefore the trial of necessity shall be there , or otherwise it shall not be tryed at all ; and the arrest which is in issue is not the ground of the action , but the assumpsit , &c. touching mariners wages is , that of the book of of edw. . where it is said , that if a mariner make a covenant with one to serve in a ship on the sea , yet if his wages be not paid they shall be demanded in that court , by the common law , nemy per ley mariner . to these authorities it may be replied in general , that all , but the last , are grounded upon the commonly received sense of the statute of the . rich. . that the contract doth rise only there , where it is made or written , with out any respect to the nature of the business , and the occasion thereof , from whence in truth it doth more properly arise ; and whereas other acts of parliament have in some special points ordained and declared otherwise , it may be hoped that it may not be held a crime unexcusable , if a man should doubt of the reasonableness of those authorities . touching the particulars , as first of the . of henry . betwixt hore and unton , wherein double dammages were given for suing in the admiralty court upon a charter-party , it is said , that the sute was upon a charter-party of freightment , for four score pounds , it doth not appear that it was for the freight of the ship , although it be most probable ; and if it were so , why the master of the ship should not as well sue for his freight , by virtue of the statute of the . of hen. . as the merchant by vertue of the same statute , might sue in the admiralty for dammage done to his goods , aboard a ship , contrary to the charter-party , without any respect to the place where it was made ? if no reason can be shewed , that judgment may be thought not to have been grounded so much upon reason as it was upon the common received opinion of the meaning of that statute , as it is therein related , quia contractus ille apud novam sarum , factus & junctus fuit . touching that of the . of elizabeth , whereby glynn was condemned to constantine for breach of covenant , in a charter-party , in the summ of . l. it seems a case far more reasonable , though something grievous , because it is not denied , but that a sute upon a charter-party may be commenced at the common law , upon a penalty , as it seems that was , for breach of covenant , in not staying at madrill , so many dayes as were limitted by the charter-party , only that is thought no concluding argument , against a sute in the admiralty for freight grounded on a charter-party ; but whereas when in the arrest of judgment , it was alleged that the trial was not sufficient , because the issue did arise out of a place in a forein kingdome , from whence no jury , by twelve men might be had , sir edw. cook sayes that sir christopher wray and the whole bench resolved , that the plaintiff should recover cost , and dammages , because the charter-party was made at thetford in norfolk , within the realm , it is as much as if sir edw. cook had said , that whether the suggestion in the issue , were true or false , tryed by a competent , or incompetent jury , yet if the sute were brought upon a charter-party , the conusance thereof did belong to the common law , and whether the former judges , had proceeded well or not , was not material , so that what is premised formerly touching judgments and judicial acts , in the first chap. may from this case be excused . and as touching the infinite prohibitions granted upon sutes commenced in the admiralty concerning charter-parties , there may be something declared , and made appear reasonable hereafter , in an other place . as to the instances of policies of assurance held tryable at the common law , although by the statute of the . of elizabeth , it hath been shewed , that the proceedings in those causes at the common law , were altogether inconvenient to the kingdome , yet in regard sir edward cooks reasons in dowdales case for the maintaining of proceedings in such businesses , may be applyed to other matters , to the prejudice of the admiralty jurisdiction , something may be observed concerning the same , in sir edward cooks reasons , as first , that the assumpsit is the ground , and foundation of the action , and that the arrest , or imbargo in that case had been no ground of an action , if there had been no assumpsit , neither could the assumpsit have produc'd an action , if there had not been an arrest . but what was the nearest , and immediate ground of the action ? without doubt , the arrest , and what was chiefly in question ? not the assumpsit , for it was taken for granted , that that was done in london ; but it was the arrest , which ( as it was declared ) was in issue ; and it is likely that the common law which intended a trial of the vicinage , intended it of the thing or matter which was in issue , to be tried . but he further argues , that the trial must be of necessity where the assumpsit is made , for otherwise there could have been no trial , at the common law , which might have savour'd of some reason , if possibly there could have been no trial in any other court , but the cause being maritime , and amongst merchants , it might more properly , have been tried in the admiralty or in the assurance court , without a jury , or trial of twelve men , by witnesses , as fortescue acknowledgeth . thirdly , touching that of the book of . of edward the . where it is said , that if a mariner make covenant only to serve in a ship on the sea , yet if the wages be not paid , they shall be demanded in that court , by the common law , not by the law mariner , the occasion was , that an action of debt being b●ought at the common law , upon an obligation dated at harflet in kent , whereas in truth it was made in normandy , and the consideration was service done in warr in france , thereupon one of the judges said , that the summ demanded growing due for service done in warr , the cause ought to be tryed in the constable , and marshals court ; another ( as it seems willing to retain the cause ) said t●at he hired a man to go in a message to rome , although the service were done in another realm , yet what was due by covenant , might be recovered in that court ; another said , if a mariner make a covenant with one to serve in a ship on the sea , yet if his wages be not paid , they shall be demanded by the common law , &c. so that it is plain it was not a resolution of the court , but a fuit dic , as they say , and one mans opinion , by way of argument to another purpose ; and the ground thereof might be , that if it were in issue whether such a covenant were made , it might be tryed at the common law , but it doth not conclude but that if the question were , whether the service in the ship were performed on the sea , it might more properly be tryed in the admiralty court. for confirmation on this point . first , to the . request of the judge of the admiralty to the lord chief justice of the kings bench . may , . viz. that the judge of the admiralty may have and enjoy the knowledge of the breach of charter-parties made between masters of ships and merchants for voyages to be made to the parts beyond the sea , according as it hath been accustomed , time out of mind , and according to the good meaning of the statute of . hen. . chap. . though the same charter-parties be made with in the realm , the answer is , this is agreed upon for things to be performed upon , or beyond the seas , though the charter-party be made upon the land , by the statute of . hen. . chap. . secondly , it was agreed unto by all the judges and attorney general before the king and his counsel , that if a sute be before the admiral , for freight or mariners wages , or for breach of charter-parties for voyages to be made beyond the sea , although the charter-parties happen to be made with in the realm , and although the money be payable within the realm , so as the penalty be not demanded , a prohibition is not to be granted . but if the sute be for the penalty , or if the question be made whether the charter-party were made or not , or whether the party did release , it is to be tryed by the kings court at westminster , so that at first it be denied upon oath that a charter-party was made , or a denial upon oath tendred , to which it may be added , that it was there further agreed , that if sute shall be made in the court of admiralty , for building , amending , saving , or necessary victualling of a ship , against the ship it self , and not against any party by name , but such as for his interest makes himself a party , no prohibition is to be granted , though this be done within the realm . that the admiral of england may hold conusance of things done in ports , and navigable rivers , as touching dammages done to persons , ships , and goods , annoyances of the publick passage , and unlawfull fishing . first it is apparent that ports , and navigable rivers are places where maritime businesses , and causes of difference concerning the same , may happen , as well as on the main sea it self , and in truth are more proper for such affairs , than for any ordinary businesses of the land , portus ( saith ulpian ) est locus conclusus quo importantur merces & exportantur , and importation , and exportation of goods do chiefly concern navigation , and merchants affairs . secondly , flumina navigabilia , that is navigable rivers , are of the same condition and use , and it is allowed by the common law , that every water which flows and reflows , is an arm of the sea , and mr. selden maintains that navigable rivers , are in the kings special dominion , and protection , and under the king , within the jurisdiction of the admiral : for he shewing the difference betwixt the admiral of france , and the admiral of england , saith , the government of rivers , which are in the dominion of the king of france , belongs not to the admiral of france , but to the special iurisdiction of those who are called the presidents or masters of the waters , and forests : for the publick rivers , as he affirms , within the limits of that kingdome , belong wholly to another office , and not to that of the admiral , as it doth to the admiral of england . thirdly , it is evident by the judgements of oleron , established for law in the admiralty of england , that many causes are resolved concerning dammages done by one ship to another , sailing in the river , and for falling foul one upon another , in the port or harbour , as also for loss done to merchants goods in the ports of discharge , by miscarriage , in the unloading , by reason of unfit coardage , and tackling . it may likewise be shewed out of the inquisition taken at quinborough , that many things done in ports and navigable rivers , are within the jurisdiction of the admiralty , as ship-wrights taking excessive wages , removing of anchors , cutting of buoy ropes , and taking salmon at unseasonable times , the using of unlawfull nets , the spoyling of beds of oysters , the dregging for oysters and mussells at unseasonable times , and divers other matters . against the admirals jurisdiction in this respect are pretended likewise statutes , book-cases , judicial acts , &c. by which it is endeavoured to be proved , that the admirals jurisdiction is confined only to the high sea , and wholly excluded from things done in ports , and navigable rivers , which are said to be within the bodies of the counties of the realm . the first statute is that of . richard . which declares , that the court of admiralty hath no manner of conusance , power , or jurisdiction of any contract , &c. or any other thing rising within the bodies of counties , either by land , or by water ; which later part is so general , and uncertain , that according to the general rule delivered by sir edw. cook before mentioned , lex generaliter loquens restringenda est , &c. for by the general understanding of it , as it is most generally understood , by the professors of the common law , it doth not only debarr the admiral from the conusance of those causes , which he is supposed to have encroached to the prejudice of the courts of common law , but also from the conusance of those things , which they were wont , or ought to have of right , contrary to the express meaning of the praeamble of that statute , as all those causes which before this statute did belong to the admiral by the roll of oleron , and the inquisition at quinborough . but it may reasonably , and probably be conceived , that the statute intending to restrain the admirals jurisdiction , intended by the words , other things in general , such things , about which actions and sutes at the common law might arise , and having before mentioned contracts , pleas , and quarrels , wherein private persons might have an interest by way of personal actions , did afterwards add other things arising within the bodies of counties , intending thereby publick offences , and such as are against the crown , as treason , murther , manslaughter , mayhemes , robbery , trespasses vt & armies , and the like , which interpretation , first is agreeable to the praeamble , which mentions encroachments upon the jurisdiction , &c. pertaining to the king. secondly , because the statute ordaining that such things shall be tryed , discussed , and determined by the laws of the land , and not before the admiral ; seems to intend things , which might be tried either way , as offences of that nature , which done on the sea , might have been tried before the admiral , and being done on the land were to be tried in the courts of common law. thirdly , because the reservation in the conclusion of the statute provides , that nevertheless of the death of a man , or mayheme done in great ships , being , and hovering in the main stream beneath the bridges next to the sea , the admiral shall have conusance , which being in the nature of an exception , implies , that the things before mentioned in general , were to be understood of offences , or matters of the same nature , and condition . sir edward cook where he cites the statute of . rich. . notes , that it was to be observed , how curious the makers of it were , to exclude the admiral from all manner of jurisdiction , within any water which lyeth within any county of the realm ; but if his words be considered , his curiosity goes far beyond them , for whereas the words of the statute anciently and generally have been received , only beneath the bridges next or nigh the sea , he renders it only beneath the points of the same rivers , the french word pounts , being easily turned into points , which criticism might have the better passed , if it might be known what were meant by points of rivers ; we understand by points of land , some extreme parts or ends , which in respect of the rest , are of a more accute figure , but rivers towards the sea , ( which way the criticism looks ) grow broader , or wider , far from any angular acuteness ; again , we commonly say above , or b●neath the bridge ; but if we speak of the extremites , we say behither or beyond , within or without the lands end ; besides , whereas the words in that place are ships riding in the main stream of navigable rivers , it may be doubted where that main stream can be found beneath the points of the river . the former reading of the statute , viz. beneath the bridges , is agreeable to an ancient edition of the statutes at large printed . above a hundred years since ; so rastals abridgement , and poultons collection of the statutes , and is so received by crompton in his jurisdiction of courts , where he writes of the admiralty , according to the statutes . it is further confirmed by a manuscript copy of the statutes in french , in the library of merton college in oxford , in which are these words , niene meyns de mort de omme , & de mayheme , engrosses neifs , estants & o●erant●s , a my le haut fio des grosses reviers tant seculament , par-avali des pounts , des mesmes les riviers , & l'n admiral co●usance . the second statute that may be applied to this purpose is that of elizabeth , chap. . which relating to divers things made offences by that statute , ordains , that all and every of the said offences , done on the main sea , or coasts of the sea , being no part of the bodies of any counties of the realm , and without the precinct , liberty and iurisdiction of the cinque ports , and out of any haven or pier , shall be determined by the lord admiral . touching this statute it may be observed , that the end thereof was according to the title , for the maintenance of the navy , and as for a mean to that end , for the imploying of english shipping , especially for the bringing in of fish , for which purpose it provides , that wednesdayes should be held fish-dayes ; that none shall demand toll of fish brought in subjects ships ; that no herring unsalted should be bought out of strangers bottoms ; besides , that no wares should be carryed from port to to port ; and that no wine , nor woad shall be brought in but in english ships , of which businesses it might be more fit for the officers of corporate sea-towns to enquire , than for the admiral , which the parliament understanding , might without prejudice to his jurisdiction in other matters except from him touching offences of that kinde , the enquiry within havens and piers. besides , whereas sir edw. cook recites the words , that all such offences shall be tryed before the admiral ; the words of the sta●ute are , before the lord admiral of england , or his lieutenant or deputy or deputies , and other iustices of oyer and terminer , according to the form of the statute of the hen. . for causes of piracy . so that it concerns not the admiral in his ordinary capacity , but as he is chief in that commission . and whereas sir edw. cook from this concludes , that by the judgement of the whole parliament , the jurisdiction of the admiral is wholy confined to the sea , and coasts of the sea , being no parcel of the county , how strongly soever he conceives it , under favour it is no good argument , to infer from these new created offences , of which he is to enquire in an extraordinary way , that he hath no jurisdiction in other matters , which did formerly belong unto him , especially touching navigable rivers , of which in this statute there is no mention , nor exception . moreover , whereas the judgement of the parliament in this statute is so confidently urged for the limiting of the admirals jurisdiction , it is de●●red , that to the points in question , two other statutes , the one long subsequent to that of rich. . the other not long preceding that of the of queen elizabeth , may be taken into consideration . the first is that of hen. . chap. . concerning the trial of piracies , and other crimes committed within the admirals jurisdiction , wherein it is declared , that all treasons , felonies , murthers , robberies , confederacies committed in or upon the sea , or in any other haven , creek or place , where the admiral , or admirals have , or pretend to have iurisdiction , shall be enquired , tried , heard , or adjudged by the admiral , and others appointed by the kings commission under the great seal , in such shires and places of the realm as shall be limited in the commission , as if any such offence had been committed upon the land , &c. the end of this statute was , that whereas piracies , and other offences committed within the jurisdiction of the admiralty , were formerly tryed according to the civil law , and offenders could be convicted onely by confession of the parties , and proofs by witnesses , to reduce the trial of the same to the course of the common law by a jury of twelve men ; by which statute , although the manner of the trial of offences were altered , yet the limits of the admirals jurisdiction are allowed to extend not onely to the sea , but to havens , creeks and places , where the admiral , or admirals have , or pretend to have jurisdiction . and in the commission of oyer and terminer grounded on that statute , the places of offences committed , to be heard and determined before the admiral , and others , are thus described , tam in aut super mari , aut aliquo portu , rivo , aqua dulci , creca , seu loco quccunque infra fluxum maris ad plenitudinem , a quibuscunque primis pontibus versus mare , quam super littus maris , & alibi ubicunque infra jurisdictionem nostram maritimam , aut limites admiralitatis regni nostri , & dominiorum nostrorum : by which words , not onely power is given to hear and determine offences in those places ; but it is likewise declared that those places do belong to his majesties maritime jurisdiction , and of his admiralty . the second statute is that of the first of elizabeth , chap. . made for the preservation of spawn and fry of fish , and the remedies thereof being provided , it is ordained , that the lord admiral of england , and the lord mayor of london for the time being , and all and every other , which lawfully have , or ought to have any conservation , or preservation of any rivers , streams or waters , shall have power to enquire according to that act , which plainly shews , that the parliament then conceived , that the admiral of england had power and jurisdiction to some purposes in rivers and streams , salt and fresh , otherwise , he had not been named in the first place , amongst those who had right of conservation of the same . the jurisdiction of the admiralty as to publick offences and causes criminal since the statute of rich. . hath been so well settled by the statute of hen. . that there can be little occasion of difference touching those matters betwixt the courts of the common law , and the court of the admiralty ; yet sir edw. cook having unnecessarily collected many other legal authorities which may be applied to maintain that by the common law the admirals jurisdiction did not extend to ports and navigable rivers , it may not be amiss to examine the grounds and weight of the chiefest of them , which may be reduced to two heads ; first , such as shew that havens and navigable rivers are within the bodies of counties , and that the common law hath held plea of things done in them . secondly , that the courts of common law have punished such as have sued in the admiralty court , for things done in ports and navigable rivers . touching the first , these authorities might be intended . first , that in the time of edw. the first , a replevin was brought for the taking of a ship on the coasts of scarborough in the sea , and carrying her into the county of n. the defendant although he pleaded that the thing was done on the sea , was overruled to answer , from whence amongst other things sr edw. cook makes a special observation , that when the taking of a thing is partly on the sea , and partly on the land , the common law shall have the jurisdiction . secondly , that in the time of edw. the . it was held , that where one may see what is done on one part of the water , and on the other , it was held no part of the sea , and that the coroner shall exercise his office in this case , and of this the country may have knowledge . thirdly , that in the of edw. the third , sixty acres of marsh ground over which the sea did flow and reflow , were adjudged parcel of the mannor of brancaster , belonging to the abbot of ramsey , and by consequence were within the body of the county to the low water mark . fourthly , that in the of edw. . an action of trespass being brought in the kings court against certain persons of hull , for taking a ship in the haven of the town , the mayor and bailiffs demanded conusance by charter of the king , by which it is granted , that the citizens and burgesses of hull , should not be impleaded , alibi de transgressionibus infra burgum , quam infra burgum , which was allowed , and the haven lying within the burrough , by consequence was within the county . how far these authorities conduce to the proof of the head proposed , may be doubted , but as to the ground of the head it self , which is so much insisted on , that where the courts of common law have conusance , the court of admiralty can have no jurisdiction , under favour it is insufficient , for in the same place several courts to several purposes may have distinct jurisdictions , robberies and divers other offences committed in forests , are prosecuted before the ordinary justices , and yet the justice in eyre concerning vert , venison and other things retains his special jurisdiction . in france as sanction writes , the lords of mannors adjoyning to navigable rivers , have several rights of fishing , and other commodities , by the kings grant or by prescription , and if they be disturbed they may have their remedies , in the ordinary courts of justice , but as touching the free use of the rivers in respect of navigation , and that which concerns the publique , the special officers called the masters of the waiters , ( whose authority in this kingdome belongs unto the admiral ) have the charge thereof , and if any impediments be given , or annoyances done in those respects , it belongs to their jurisdiction and power to reform the same . touching the particulars , and first of that of the replevin in the time of edw. . concerning a ship taken in the sea , and brought into a river , and the defendants being over-ruled to answer , the reason was , as berry the chief justice said , because the king would have the peace kept , as well by sea , as by land , mr. selden in his notes upon fortescue , recites the case more fully and gives another reason , viz. that william crake de holtham was summoned to answer a complaint of robert de beause , for taking away a ship of the value of . l. on the sea , near scarborough , to which it was pleaded by the counsel , that the plaintiff did count or declare of a thing taken on the sea , out of any county , so that if the matter were put in issue before the country , it could not be resolved what sheriff should summon the country , and that the admiral was appointed by the king to hear and determine sutes of things done on the sea , &c. whereunto berry chief justice of the common pleas answered , we have a general power throughout all england , but of the power of the admirals of which you speak , we know nothing , neither will we assign our power to them , without commandment from the king , touching which you shew nothing ; haward said , the place is so near , that if a man had killed one there , he should have been taken , and brought to the land , and hanged , as well as if the fact had been commited on the land ; mettinggam said more , we tell you that we have power of things done on the sea , as upon the land , and therefore we order you to answer ; the reason which mr. selden gives , was because in those times the common law had conusance of things done on the british sea within the view of the land , although afterwards it kept its limits , infra corpus comitatus , leaving the sea wholly to the admiral ; so that according to the verse , sometimes applyed by sir edward cook , iudic●s officium est , ut res ita tempora rerum quaerere , the case adjudged in the time of edw. ● . can be no president for subsequent times , when the admiralty jurisdiction was better settled ; and so it falls out with sir. edw. cooks observation upon that case , viz. that when the taking of a thing is partly in the sea , and partly in a river , within the county , the common law shall have the jurisdiction , because that in later times , it hath been resolved otherwise , as in the mayor of harwich his case , which was , that the vice-admiral of england having seized a mast floating on the sea , caused certain fisher-men to draw it to shore at harwich in suffolk , where the mayor then claiming admiralty jurisdiction , likewise seized it , for which he being sued in the admiralty court of england , moved for a prohibition ; but the judges were of opinion that it did be●ong to the admiral of england , and denied a prohibition , because the ●eizure at sea , and drawing to shore at harwich was one continued act ; and ●herefore the drawing it to shore at har●ich , gave no right to the mayor of harwich . the like may be gathered ●rom a resolution in communi banco , eliza. viz. an inhabitant of ply●outh , being owner of a ship , joyned in the furnishing and victualling her , and sent her to sea , in which imployment the captain of the ship by piracy took a french mans ship laden with salt , and brought her into plimouth , and sold his salt to the owner ; whereupon the french men sued the plimouth-man being owner , in the admiralty court , for the ships goods , and upon suggestion that part of the wrong was done upon the land , a prohibition was awarded , but after a long debate , a consultation was granted , because the first wrong was done upon the sea. secondly , touching the coroners exercising his office ( in the time o● edw. . ) in an arm of the sea , wher● one might see what was done on on● side , and on the other ; whereupo● standford concludes that by the com●mon law , before the statute of th● hen. . ( or rather of of rich. . ) th● admiral had no jurisdiction , but on th● high sea , which onely authority , sait● sir edward cook , was sufficient to overrul● all questions . it may be observed wha● was delivered in the precedent case concerning those times ; and it may b● further noted what mr. selden writes 〈◊〉 the power and authority of the sheriffs in those times , saeculis priscis antequam summorum admirallorum authoritas , &c. in ancient times before the authority of the high admirals of england was sufficiently established by our kings , and so distinguished , that the government of the sea did wholy belong unto ihem , the sheriffs had some authority in the sea adjoyning to the county , which did appear in that they did execute the kings precepts upon the sea , and convey the kings ships from one port to another , through the seas , which was done about the time of hen. the . and of edw. ●he . but in subsequent times , it was never ●eard of , postquam omnimoda maris custodia , &c. after that all manner of guarding the sea , &c. was by our kings re●erred to the high admiral , and to them ●nely and their deputies , which now belon●s ●nto them by right unquestionable . in ●hich times if the coroner did exercise is office , where at this time he cannot , ●or the reason aforesaid , it may be ●ranted , but no good argument can be ●rawn from those times to the times ●ollowing , when the admiralty juris●iction was better settled . thirdly , the authority of the marsh grounds , over which the sea did flow and reflow , adjudged to be within the mannor of brancaster in the time of edw. the . whence it is concluded to be within the county , is taken up by sir edw. coole upon the credit of dyer : but sergeant callis in his readings cites the record in this manner , contra abbot de ramsey de quodam processu facto , versus dictum abbot , ad ostendendum quare sexaginta acrae marisci in manum domini regis non debent seiziri . et abbas respondet quod ipsa tenet manerium de brancaster quod scituatum est iuxta mare , & quod est ibidem mariscus qui aliquando per fluxum maris minoratur , aliquando per fluxum mardo augetur , &c. by which it is apparent , that those grounds were claimed by that king , as waste and floted grounds , and no parcel of the mannor , which the abbot did justifie , and howsoever they might be part of the county , yet they could not be places concerning which there might grow any question of jurisdiction , for although they were subject to flowing and reflowing of the sea yet they were not either fit for the sayling , nor arriving of ships ; and admitting that some thing may be inferre● from thence to prove that places where the sea floweth may be within the bodies of counties , yet it doth not wholy exclude the admiral from having jurisdion , by sir edw. cooks learning , in sir henry constables case , where he sheweth , that it hath been resolved by the whole court , that the soyl over which the sea doth flow and reflow , inter le high-water mark , and the low-water mark , the land may be parcel of a mannor of a subject , and yet it was resolved , that when the sea did flow ad plenitudinem , the admiral should have jurisdiction of any thing done upon the water , betwixt the high-water mark , & the low-water mark , by the ordinary and natural course of the sea , and when the sea doth reflow the land may appertain to a subject , and then any thing done upon the land shall be tried at the common law , for it is then parcel of the county , whereupon he makes an observation , that beyond the low-water mark the admiral alwayes hath jurisdiction , and betwixt the high-water mark , and the low-water mark , the common law , and the admiralty have divisum imperium interchangeably , and why the same should not hold as well in arms of the sea , as in the open sea , may deserve some consideration . fourthly , the allowance of the common law of the haven of hull to be within the burrough , in respect of an action of trespass determinable at the common law , for the reasons before shewed in general , it doth not hinder but that in the same place if damage be done by one ship to another , remedy may be given according to the judgements in the roll of oleron , and so in respect of the place , though not of the cause , the common law , and the admiralty may have conjunctum imperium occasionally . secondly , there remain those authorities which shew that the courts of common law have punished , and restrained such as have sued in the admiralty for things done in havens , and navigable rivers , as by actions of double damages , praemuniries , and prohibitions . touching the first it is related , that hen. . iohn burton in the common pleas recovered against bartholomew putt , for double damages l. for that the said putt had sued burton in the admiralty for entring and taking away three ships with merchandises and prisoners , with force of arms , super al●um mare , whereas the taking thereof was in the haven of bristol , intra corpus comitatus . again , that the like action of henry . was brought by robert cupper , against iohn reyner , who had sued him in the admiralty court for entring his ship in the haven of yarmouth , infra corpus comitatus norf. secondly , concerning praemunires , it is said , that of hen. , one was brought by iohn cassy , against richard beauchamp , and thomas paunce , for that they sued him in the admiralty court for taking away certain iewels super altum mare , whereas he took them apud stratford-bow infra corpus comitatus middlesexiae . again , that in the of hen. . a praemunire was brought for a s●te in the admiralty court for taking and carrying away , quandam naviculam apud horton key , at south lynn , supposing the same to have been done super altum mare . it cannot be denied but that these authorities especially contain forcible arguments , and fit to fright men from suing in the admiralty court , but how reasonable , it may be considered . touching the action of double damages , in the leading case of burton against put , the point of issue was ( as it may be supposed ) whether the thing done in the river of bristol , were done within the body of the county , and eight terms ( as sir edw. cook relates ) were spent in deliberation of the case , which argues that the judges could not easily agree upon the same , and happily the reason was , because the statute of henry . for double damages , relates onely to that of the of richard the . chap. . and the action was layed upon that of the richard the . chap. . touching things done within the bodies of counties , it being not proper to extend a penal law from one statute to another ; and how rightly it was so adjudged , may be better considered ; and it may be thought upon , why that being a leading case , and having received so long deliberation , the reasons of the resolutions of the judges are no way published . it may be farther noted as to our purpose , that the taking of ships in the haven of bristol was done with force of arms , which made it more than an ordinary business , of which the admiral claimeth the conusance in such places , but was of the condition of those matters which belong unto him onely upon the sea ; the other cases of double damages , for ought appears to the contrary , might be for matters of trespass , committed likewise by force and arms. touching praemunires brought for suing in the admiralty court , sir edw. cook saith , that they being brought upon the statute of the of king rich. . for suing in curia romana aut alibi , are so evident , and of so dangerous a consequence , as no application shall be made thereof . and for the dangerous consequence it is most true , for that the penalty intended in that statute extends to the imprisonment of the person during pleasure , and the loss of all his goods , and of the profits of his lands during life ; and for the application which he forbears , it may be conceived that his meaning was that the admiral , or his judge might be made liable thereunto ; but for the evidence that by curia romana aut alibi , the court of admiralty should be understood , under his favour it is not so clear ; nor if the statute be well considered , can it with any reason be maintained ; the word alibi , or elsewhere in that statute was in truth intended of avignion in france , or some other place , to which the pope and his court in those times did usually remove ; and that statute being intended to exclude the forein authority of the pope , it might be thought necessary to debar the people of this kingdome from having intercourse to the popes consistory , whether at rome or any where else ; and when the popes authority and his laws were in force in this kingdome , and no way depending upon the crown , the word alibi , or elsewhere , was held to extend to bishops courts , if they medled with temporal causes belonging to the kings courts , especially if they took upon them to reverse , or disparage judgements given in the courts of common law ; but how the word alibi should be applied to the kings court of admiralty , never relating to any forein power , and proceeding onely by those laws which are allowed by the king to be in force in that court , it is a mystery beyond any ordinary imagination . it may be further noted , that although it be said that the two praemunires were brought upon such occasions , yet it doth not appear that any judgement was given upon either of them . lastly , for confirmation and conclusion of this point , it may be added , that before the king and his councel it was likewise agreed unto by all the judges , that the admiral may inquire of , and redress all annoyances and obstructions in navigable rivers beneath the first bridges , that are any impediment to navigation and passage to and from the sea ; and also try all personal contracts and injuries done there which concern navigation upon the sea , and that no prohibition is to be granted in such cases . that the admiral of england may hold plea of contracts , and other things done beyond the sea , relating to navigation and trade by sea. to maintain that the court of admiralty may hold plea of contracts , and other things done beyond the sea ; it is alleged , first , that by an ordinance made by king edward the first , and his lords , at hastings , which is extant in the antient book of admiralty , it was ordained that charum contract , &c. that every contract made between merchant and merchant , or betwixt merchant and mariner beyond the sea , or within the flood-mark , shall be tried before the admiral , and no wayes elsewhere . secondly , it may be taken into consideration , that such businesses amongst merchants and seamen , are to be determined according the civil law , and equity thereof , as also according to the customes and usages of the sea ; mr. selden in his notes upon fortescue , observes out of bartolus , quod in curia mercatorum debet judicari ex aequo & bono , omissis juris solennitatibus , which the admiralty judges may , and do observe , but the courts of common law hold they must do otherwise . malines relates an instance of a merchant-stranger , who having sold commodities to three several merchants of london , took one bond of them all for the payment of l. and one of them breaking , and being imprisoned , he was contented to compound with him for the fifth part of his debt , or for l. in lieu of a l. conceiving him as a third party to be liable for no more ; and having received that summ , gave him a release , and afterwards the two other parties neglecting to pay him their parts he was advised to sue them at the common law , where he was given to understand , that if a man release one of his debtors , who is bound with others , by way of acquittance , they are all released and acquitted thereby , which was contrary to the rule of equity , and that simplicity and just dealing which is expected amongst merchants , which do not admit that a mans action should operate beyond his intention , and that a favour yeelded to one in necessity , should not extend further to his prejudice , in respect of those which were in better condition . thirdly , to the like purpose , it is observed , that in contracts and bargains , betwixt such persons , those solemnities are not required which are necessary in deeds at the common law , as of signing , sealing and delivering , to make their bills and obligations of force , and the bearers of such bills according to the course of merchants , shall be admitted to demand , and recover without letters of attorney . fourthly , it is considerable , that instruments made beyond the sea , have usually clauses relating to the civil law , and to the law of the sea. malines shews , that when two or three take up money at interest , and all binde themselves as principals , generally according to the civil law and custome of merchants , every person is bound , but for his own part , and therefore , where it is intended , that for the better security , every man should be bound in solidum , in the instrument of the contract , ther is a declaration and renunciation made of all privileges , and especially of those which are called , exceptio divisionis , & ordinis excussiones , and beneficii epistolae divi adriani . in wests presidents concerning merchants affairs , there are the like forms , as where a man obligat se haeredes & executores suos , omnia bona mobilia & immobilia , praesentia & futura , tam ultra quam citra mare , ubicunque existentia , renuncians omnibus & singulis exceptionibus , &c. and amongst the rest he declares the form of a gneral procuration to sue for debts in a forein country , wherein it is specified that power is given ad libelles , petitiones , &c. articulos dandum , datisque respondendum , ad lites contestandum , & de calumnia vitand● juramentum , in animam constituentium praestandum ; all which are as strange to the law of this land , as the places from whence they proceed . fifthly , for that , as fortescue affirms , contracts and bargains made amongst strangers in another realm , must be proved ( otherwayes than in the courts of common law ) by witnesses , which , saith he , cometh to pass , because in those parts there be no neighbours , by whose oaths juries of twelve men may be made , as in contracts and other cases arising within the realm , is accustomed to be done . to avoid the admirals jurisdiction in holding pleas of contracts , or things done beyond the sea , sir ed. cook affirms , that bargains and contracts so made , wherein the courts of common law cannot administer justice , did belong to the constable and marshal , for the jurisdiction of the admiral is wholy confined to the sea , which is out of any county ; whence it may be gathered , that as to this point he intends for authorities the statutes of the of richard . which sets forth the jurisdiction both of the constables and marshals court , as also of the court of the admiralty . that concerning the constable and marshal , is as far from the purpose , as it was from sir edward cooks thought to give any addition of power to that court. the act declares , that to the constable and marshal it belongs to have conusance of contracts , and deeds of arms out of the realm , whence it is inferred , that therefore out of the realm , the admiral shall have no conusance of contracts , or matters concerning navigation , and trade ; it may be better argued from that act , that as the parliament allowed to the constable and marshal , jurisdiction in causes of arms , and warr , arising both within and without the realm , which cannot be determined by the common law , so it did intend causes of navigation and trade arising either within or beyond the seas , to be tried by the admiral , the nature and the quality of the business , more conducing to the point of jurisdiction , than the circumstances of the place where it happens ; the statute which allows the admiral to meddle with things done upon the sea , by sir edward cooks leave , doth not confine his jurisdiction to the sea , in respect of ●ny place beyond the sea , it is rather ●retended to debarr him from medling with things done within the realm , which notwithstanding , it being formerly shewed , that the admiral may ●old plea of maritime causes arising ●rom contracts made within the land , 〈◊〉 may be less needfull to labour to prove ●hat it doth not hinder him from taking conusance of sutes concerning navigation and trade , arising from contracts made and businesses done beyond the sea. the other authorities which may be collected , to prove how the admiral hath no jurisdiction of things done beyond the sea , are a writ in the register , and fitz herbert , and a number of prohibitions . that of the register is , if goods be taken from an english-man in spain or beyond the sea , and the party cannot obtain justice there , he shall have a writ of the sheriff to arest the bodies of the offenders , and to seize their goods to the value , which proveth , saith sir edwar● cook , that the admiralty cannot hold plea thereof , for that the party hath remedy at the common law ; that argument is as good , as if he had said there lies a writ of withernam at the common law , therefore no letters o● reprisalls can be granted in the admiralty . it stands with great reason , that i● a subject be spoiled of his goods , in ano●ther realm , and can have no remedy there , that the party , or the goods belon●ging to him , being found within the ju●isdiction of the common law , they ●hould be made lyable to satisfaction ; and why should it be thought unreaso●able , that upon the like occasion , if the ●arty , or his goods be found within the ●urisdiction of the admiralty , the sub●ect should have remedy there ? but this authority concerns not contract , or bar●ains made beyond the sea. besides , how far this writ agrees with ●he common law , it may be conside●ed , in regard , mr. selden writes , in tri●unalibus nostri iuris municipalis , &c. in ●ur courts of common law , the ju●●sdiction hath been ever held to be such , ●●at according to the strict laws anti●●tly practis'd , an action could not be ●ought upon a business , hapning else●here , than within the kingdome , as for ●any ages since it hath been held , that ●●e action ought to be rejected , unless ●●e ground of it be arising from some●●ing done within the body of a coun●● : and sir edward cook recites divers ●●thorities , by which the same is main●●in'd as agreeable to the common law. ●●t this law , he allows , where the ●●ings were totally done out of the ●●alm , and implies , that it is otherwise , where the contract is made in o● realm , and the performance ought to b● in another , for then ( sayes he ) as to th● present purpose , of necessity , the conu●sance must be where the contract wa● made , for otherwise there can be no tri●al had at the common law , and that i● is most reasonable that it should be so because the contract is the ground an● foundation of the debt ; but now in cas● a contract be made in partibus exteris & transmarinis , whereby payment or per●formance is to be made within th● realm , notwithstanding the contract b● the ground , and foundation , yet the ju●risdiction follows the place of paymen● and performance , and no doubt for th● same reason , because otherwise the● could be no pretence for a trial , at th● common law , so that the rule is fra●med to the building , and not the buildin● to the rule . the last argument is , that divers pro●hibitions have been granted upon sut● brought in the admiralty , for thin● done in partibus exteris & transmarin●● and the first is as ancient as the . hen. . but upon what contracts , bu●●●nesses , or occasions those sutes we● grounded , and commenced , it is not ●pecified ; and to conclude this point as the former , first , the third request of the judge of the admiralty in the year . ( viz. ) that the judge of the admiralty according to such ancient order made by king edw. . and his councel , and according to the letters patents of the lord admiral for the time being , and allowed of other kings of this land ever since , and by custom time our of memory of man , may have cognition of all contracts and other things arising as well beyond , as upon the sea , without ●et or prohibition , the answer is , that it ●s agreed upon by the lord chief iustice and ●is collegues . secondly , all the judges before the king and his councel octavo caroli a●reed , that if sutes shall be commenced ●n the court of admiraly for contracts ●ade , or other things done beyond the ●ea , or upon the sea , no prohibition is ●o be awarded . concerning the concessions of the ●udges of the kings bench , and the re●olutions of all the judges alleged for ●●e confirmation of the precedent as●ertions , it may be noted , that touching the former , by them are intended certain answers of the chief justice and other judges of that bench , to the requests of the judge of the admiralty in the year . of which mention is made in the complaint of the admiral , . object . wherein it is set forth , that the agreement made in anno domini . between the judges of the kings bench , and the court of admiralty , for the more quiet and certain execution of admiral jurisdiction , was not observed , to which sir edward cook answers , that that supposed agreement , had not been delivered unto them , but having heard the same read before his majesty ( out of a paper not subscribed with the hand of any judge ) they answer , that for so much thereof as differs from their present answers , it was against the laws and statutes of the realm , and therefore the judges of the kings bench never assented thereunto , as it is pretended , neither doth the phrase thereof agree with the terms of the laws of the realm . it is not probable that dr. dunn then judge of the admiralty would have produced such an agreement to the judges before the king , but that he had some ground for the same , which being supposed , it may as well inferr that those concessions were agreeable to the laws and statutes of the realm , because those judges did assent unto them , as that they did not assent because they were not agreeable to the same ; and it may as well be doubted , whether those things wherein those answers at that time did differ from the resolutions of all the judges in the . of king charls , were agreeable to the laws and statutes of the realm , as it is confidently affirm'd , that wherein those concessions did differ from those answers were against the same , wherein the phrase of the requests and answers is not agreeable to the terms of the common law is not so much considerable , as how the matters therein contained may consist , both with law and equity , and to that end it may not be amiss to recite them , as they are extant in several manuscripts in which are collected things of those times remarkable , both concerning the ecclesiastical courts , and the court of admiralty , as followeth . . of may . the requests of the judge of the admiralty to the lord chief justice of her majesties bench , and his collegues , with their answers to the same . that after judgement or sentence given in the court of admiralty , in any cause , or appeal made from the same , to the high court of chancery , it may please them to forbear the granting of any writ of prohibition , either to the judge of the said court , or to her majesties delegates , at the sute of him by whom such appeal shall be made , seeing by choice of remedy in that way , in reason he ought to be contented therewith , and not to be relieved any other way . it is agreed by the lord chief justice , and his collegues , that after sentence given in the delegates , no prohibition shall be granted . and if there be no sentence , if a prohibition be not sued for within the next term following sentence in the admiralty court , or within two terms after at the farthest , no prohibition shall pass to the delegates . that prohibitions hereafter be not granted upon bare suggestions or surmises , without summary examination and proof made thereof , wherein it may be lawfull to the judge of the admiralty , and the party defendant , to have counsel , and to plead for the stay thereof , if there shall appear cause . they have agreed that the judge of the admiralty , and the party defendant shall have counsel in court , and to plead to stay , if there may appear evident cause . that the judge of the admiralty according to such an antient order , as hath been taken by king edward the first , and his councel , and according to the letters patents of the lord admiral for the time being , and allowed by other kings of the land ever since , and by custom time out of memory of man , may have and enjoy cognition of all contracts , and other things , rising as well beyond , as upon the sea , without let or prohibition . this is agreed upon by the said lord chief justice , and his collegues . that the said judges may have and enjoy the knowledge of the breach of charter-parties , made betwixt masters of ships and merchants for voyages to be made to the parts beyond the sea , and to be performed upon , and beyond the sea , according as it hath been accustomed time out of mind , and according to the good● meaning of the statute of . of henry . chap. . though the same charter-parties be made within the realm . this is likewise agreed upon , for things to be performed , either upon , or beyond the sea , though the charter-party be made upon the land , by the statute of . hen. . cap. . that writs of corpus cum causa , be not directed to the said judge , in causes of the nature afore-said , and if any happen to be directed , that it may please them to accept of the return thereof , with the cause and not the body , as it hath alwayes been accustomed . if any writ of this nature be directed in the causes before specified , they are content to return the bodies again to the lord admirals gaol upon certificate of the cause to be such , or if it be for contempt or disobedience to the court in any such cause . touching the resolutions of all the judges , . caroli , it may be considered , that in the presence of the kings majesty , and twenty three lords , and others of his majesties councel , they were subscribed unto by all the judges , ( viz. ) thomas richardson , robert heath , humphrey dawenport , iohn denham , richard hutton , william iones , george crook , thomas trevor , iames weston , robert barkley , francis crawly , and also by henry martin judge of the admiralty , and william noy the attorney general , and the transcript thereof was ordered to be entred in the register of the councel causes , and the original to remain in the councel chest , . feb. . sir edward cook concerning the answers and resolutions of the judges , to those things which he calls articuli cleri , iacob saith ▪ that although they were not enacted by the authority of parliament , as the ●tatute of articuli cleri , in the . of edwa●● . was , yet being resolved unanimously ▪ by all the judges of england , and the barons of the exchequer , they are for matters of law , of highest authority , next unto the court of parliament ; and it may be thought that these resolutions of all the judges touching the jurisdiction of the admiralty , ought to be of no lower esteem , the rather for that the unanimity of all the judges to the former , must be taken upon the credit alone of sir edward cook , but as to the latter , the evidence thereof doth appear by the joynt subscriptions of all before named , which is likewise attested by sir george crook , who was one of them , who in his reports of hillary term caroli , under the title of resolutions upon causes of admiral jurisdiction , writes that it was agreed , as followeth . first , if sute should be commenced in the court of admiralty , for contracts or other things personally done beyond the sea , no prohibition is to be awarded . secondly , if sute be before the admiral for freight , or mariners wages , or for breach of charter-parties , for voyages to be made beyond the seas , though the charter-party happen to be made within the realm , so as the penalty be not demanded , a prohibition is not to be granted ; but if the sute be for penalty , or if question be made , whether the charter-party be made or no , or whether the plaintiff did release , or otherwise discharge the same within the realm , this is to be tried in the kings courts , and not in the admiralty . thirdly , if sute be in the admiralty , for building , amending , saving , or necessary victualling of a ship , against the ship it self , and not against any party by name , but such as for his interest makes himself a party , no prohibition is to be granted , though this be done within the realm . fourthly , although of some causes arising upon the thames beneath the bridge , and divers other rivers beneath the first bridge , the kings courts have conusance , yet the admiral also hath jurisdiction there , in the point especially mentioned in the statute of . of richard . and also by exposition , and equity thereof , he may enquire of , and redress all annoyances , and obstructions , that are or may be any impediment to navigation , and passage to or from the sea , and also to try personal contracts , and injuries done there which concern navigation on the sea , and no prohibition is to be granted in such cases . fifthly , if any be imprisoned and upon habeas corpus brought , it be certified , that any of these be the cause of his imprisonment , the party shall be remaunded . subscribed the . feb. . by all the judges of both benches . sir george crooks reports being published by sir harbotle grimston , are approved and allowed as for the common benefit , by the judges then being , ( viz. ) by iohn glynn , oliver st. iohn , edward atkins , robert nicholas , matthew hales , hugh windham , peter warburton , and iohn parker . it may be presumed , that what so many persons eminent both for their place , and also for their knowledge of the laws , and statutes of the realm , did so deliberately , and cautiously resolve upon , and others of like quality have countenanced , ought to be received , and respected as sufficient authorities , as to those points whereof they did declare their resolutions , notwithstanding the confident opinions of any others , either private , or singular persons , to the contrary : and that the kings majesty and his councels approbation being added thereunto , should be of force enough to settle all doubts and differences concerning the same , the rather , for that antiently ( as before is shewed ) the kings of england , with their councel only , have made constitutions concerning the admiralty , and that in point of jurisdiction , and it is apparent by the ancient record , cited both by mr. selden , and sir edward cook , that the most famous prince , king edward the . ( in whose time the admiralty received its chief establishment ) in the . year of his reign , did consult and advise with his councel , and his judges concerning the same ; and it may seem strange , that whereas by the statute of the . of richard the . ( whose acts are insisted upon as the greatest obstructions to the admirals jurisdiction ) the kings councel alone are enabled to decide , what belongs to the constables and marshals jurisdiction , the king himself with his councel , and judges , should not have as much power to determine , what belongs to the jurisdictions of his admiral . that the courts , and iudges of the common law , do intermeddle , and interrupt the courts of admiralty in causes properly belonging to the same . hitherto it hath been endeavour'd to be made appear , that the proceedings in the courts of admiralty , in the chief points in difference with the courts of common law , may consist with the laws and statutes of the realm ; it may now be taken into con●ideration , how far the proceedings of the courts and judges of the common law , in intermedling with causes properly belonging to the admiralty , and in obstructing the proceedings of that court , may be justified ; by the former , is intended their drawing of such causes by actions of trover , and of trespass , to their conusance , by the later their disparaging of stipulations , and prescribing the forms of libells in such causes . the former may the rather be insisted upon , in regard sir edward cook doth so often , and so earnestly in general inveigh against the encroaching of the court of admiralty upon the businesses belonging to the courts of common law , and in particular where he chargeth , that in the blessed time of peace , those who belong to that court , wanting businesses proper to that jurisdiction , do encroach upon matters belonging to the kings courts , lest they should sit idle , and have nothing to do ; the like practice of encroaching being far more unexcusable in those , who belong to the kings courts , which do alwayes abound with businesses sufficient for the same . concerning the actions of trover . amongst the grievances complained of by the admiral , iacob . it is presented in the first place , that whereas the conusance of all contract , and other things done on the sea , belongeth to the admirals jurisdiction , the same are made triable at the common law , by supposing the same to have been done in cheap-side , or such places : and under favour , the answer thereunto is neither clear , nor direct , nor to the purpose ; for the ground of that answer being laid , that the admiral hath no conusance of any thing done within any county , it is said , that it is not material whether the place be upon the water , infra fluxum aquae ; but whether it be upon any water within the county ; wherefore it is acknowledged , that of things done upon the sea , out of any county , the admiral ought to have jurisdiction , and that no presidents can be shewed that any prohibition hath been granted for any contract , plea , or quarrel , for any maritine cause done upon the sea. in this answer it is confest , that the admiral ought to have jurisdiction of things done on the sea , and that no prohibitions have been granted for any such causes ; but whether by the supposal or fiction of a ships arriving in cheap-side , the courts of common law do hold plea of things done on the sea , it is nether confessed , nor denied , much less is there any reason given for the same . where it is said , it is not material whether the place be upon the water , infra fluxum & refluxum aquae , but whether it be upon any water within the county , that may be true , in respect that it is supposed that all things done in the county belongs to the conusance of the common law ; but when the place where a thing is done belongs apparently to anothe jurisdiction which pretends as well to the right of the place , as to the right of the cause , the place of the action can in no wayes be suppressed , and another suggested in the room thereof ; for if that be permitted , the one jurisdiction being the greater , a more potent may soon swallow up the other , not onely to the prejudice of the subjects for whose good the diversity of courts were erected , but also the wrong of the prince from whom those jurisdictions are derived . sir thomas rydlye in his view of the civil laws , further shews how injurious to the admiralty , and unreasonable this practice is , in regard that in law no fiction ought to be admitted , but such as is both possible , and equitable ; first , that it ought to be possible , because otherwise it were to admit that by way of supposition , which nature will not alow ; and therefore although one that is dead , to some constructions of law , may be feigned to be alive , if at that time any of his equals in age be still living , yet one who dyed two hundred years since , cannot to any purpose be supposed to be living , all of the same age being long before dead . secondly , the fiction ought to be equitable , because if there be no reason for it , it is altogether unnecessary and useless ; and therefore although the law may admit a fiction or supposition , that a childe in the mothers womb , is already born , for its benefit , in regard that otherwise it might be deprived of its filial portion , or some other right in equity belonging to it ; yet where there is no such reason or equity , it ought not to be admitted , as vain and ridiculous ; but for the fiction of a ship to arrive in wardo de cheap , where there is no water to bear or carry , is of a thing utterly impossible ; and it is wholy void of equity , because a trial of any business thereupon cannot obtain any just and fait remedy thereby at the common law , which might not have been had in the court of admiralty , which is a more competent and proper court , for the trial of such things , than any court of the common law. secondly , concerning actions of trespass , the admiral in his ordinary capacity claiming no jurisdiction of offences against the crown , but onely on the sea , and of wrongs and injuries done in other places without force or violence , to make such causes triable in the kings courts , it is suggested , that they were done vi & armis , which is the usual form of endictments of trespasses in the kings bench ( as of cutting of a purse ) although in truth there were no fear , nor violence used in committing the same . touching the interrupting and obstructing the proceedings in the court of admiralty in causes properly belonging to the same , concerning stipulations and libels , although it may be presumed , that what sir edward cook affirms , that where the principal matter is acknowledged to be of ecclesiastical cognisance , the temporal iudges ought not to call in question the form of proceedings , though they be against the reason of the common law , because cuilibet in sua arte merito credendum , that the same should be allowed in the admiral court. yet in the third objection of the complaint iacob , it is shewed , that whereas time out of minde the admiral court hath used to take stipulations for appearance and performance of the acts and judgements of the same court ; it is now affirmed by the iudges of the common law , that the amiralty court is no court of record , and therefore not able to take such stipulations , and hereupon prohibitions are granted to the utter overthrow of that court. the answer whereunto is , that the admiralty proceeding by the civil law is no court of record , and therefore cannot take any such recognizances as a court of record may do , and for taking of recognizances against the law of the realm , we finde that prohibitions have been granted , as by the law they ought : and if an erronious sentence be given in that court , no writ of errour , but an appeal to certain delegates doth lye , as it is apparent by the statute of the eliz. reginae cap. . which proveth that it is no court of record . whereunto it may be replied : that some things done by , or before the admiral , are matters of record , may be maintained from an ancient ordinance of king richard the first , with advice of the lords , at grimsby , viz. that when the king writes by his letters patents to the admiral to arrest ships more or less for his service , and that the admiral should write to his lieutenant to see things put in execution accordingly , forasmuch as the admiral and his lieutenants are of record , after the admiral shall have written to the king , or to the chancellour of england the names of the ships arrested , together with the names of the owners and masters of them , in that case neither the owner of the ship , nor the master , shall be admitted to say that the ship is not arrested ; but admitting that the court of admiralty is not a court of record in ordinary matters , no more are the stipulations taken there , such recognizances as are required to be taken in courts of record by the common law , those stipulations causing no privileged obligations before other bonds , nor extending to any part of mens lands , which is otherwise in recognizances taken in courts of records by the common law ; and it may seem strange th●● 〈◊〉 edward cook acknowledging and ●●●●●ing the proceedings of that 〈…〉 according to the civil laws 〈…〉 stipulations or bayls for the 〈◊〉 appearance , and the performances of de●crees and sentences in ●hat court ▪ pr●scribed by the civil law , ne judicia sint elusoria , and unversally practised , where judicial proceedings are according to that law , as likewise in this kingdome in the constable and marshals court , and in the courts of the universities proceeding by the civil law , the same should not be allowed in the admiralty court. and the complaint in this point may seem the more considerable , in regard that , to the publique notaries about the exchange , with out exception or controll it hath been allowed , that merchants appearing before them , ( in a manner nearer to the recognizances of the common law ) do acknowledge bonds , and bind , se & executores , & bona tam immobilia quam mobilia praesentia in futura , and sometimes themselves being absent , the same things are done in their nam●s by their servants , or factors , exhibiting procurations from them to that purpose ; and it may be noted , that amongst sir edw. cooks authorities there cannot be discerned any statute , judgement , or book-case , to make good the answer to that objection , in the complaint . secondly , concerning libells in the court of admiralty , the lord hobard in audly and iennings case affirms , that if a contract in truth were made at sea , and in the admirals court it be laid generally , without saying super alto mari , a prohibition might lye , for the libel must warrant the sure in it self ; but justice reeves in his argument , paschae . garoli , differs from him in opinion , and distinguishes betwixt a particular jurisdiction , created in diminution of the general courts of common law , and a particular jurisdiction over things that never did belong to the courts of common law , but which is wholly distinct from the same : in the first case he confesseth that it is necessary to allege the cause of action to arise within the new created jurisdiction , because prima facie , nay de iure , the courts of common law have general jurisdiction of those things , but in the later case , as of the admiralty , if the cause be maritime , there is no need to averr it to have been done upon the sea , out of any respect to the courts of common law , for that it doth not tend to the diminution of any of those courts , and for confirmation thereof he affirms , that the jurisdiction of the marshalsey , stands partly upon the statute articuli super chartas , and the words of that statute are as restrictive as any words of the statutes touching the admiralty , and by the books of the common laws , the marshal cannot hold plea in some cases unless both parties be of the kings houshold , nor in any case unless one of the parties be so , yet it is resolved , that the declaration is good , although it be not averred therein , that any of the parties be of the houshold , and therefore a fortiori it is not necessary in the admiralty to specifie in the libel the thing to have been done , super alto mari , the admiralty jurisdiction being more distinct from the common law , than that of the court of marshalsey . that the trial of causes concerning navigation and trade in the court of admiralty , is more commodious for the subjects , and kingdome of england , than in the courts of common law. how much the maintenance , and advancement of navigation , and trade by sea , concerns the kingdome , and subjects thereof , sir edward cook delivers , who saith , that trade and trafique is the lively-hood of a merchant , and the life of the common-wealth , wherein the kingdome , and every subject hath interest ; for the merchant is the good bailiff of the realm , to export , and vent the native commodities , and to import and bring in the necessary commodities , for the defence and benefit of the realm . so much is confirmed by several acts of parliament , fram'd by common consent of the kingdome . the statute of the . of henry the . chap. . sets forth , that it is notoriously known that the realm of england , for the most part is invironed with the seas , so that the subjects cannot convey , and transport their wares , merchandizes , and commodities by land , but only by ships , and that the navy , and multitude of ships of the realm , is very commodious , and necessary , as well for the intercourse , and concourse of merchants , conveying , and transporting their wares , and merchandizes , and a great defence and security to this realm , as well to offend and defend , as also for the maintenance of many masters , mariners and seamen , and also hath been the chief maintenance and supportation of cities , towns , havens , and creeks near adjoyning unto the sea-coasts : likewise that of the . of elizabeth , chap. . declares , that it hath alwayes been the policy of this realm , by all good means to comfort and encourage the merchant , thereby to advance the general wealth of this realm , the kings customs , and strength of shipping , &c. it hath been formerly observed , that for the encouragement of those who maintain trade by sea , in all nations and states there have been special judges appointed to hear and determine causes concerning trade and affairs of the sea ; and it may be further noted , that such judges have been directed to proceed at such times , and in such manner , as might best consist , with the opportunities of trade , and least hinder or detain men from their imployments . amongst the graecians , as at athens , it was provided , that all sutes betwixt sea-men and merchants should be determined in those vacations when the seas were barred , or in those moneths when navigation was restrained ; so much is confirmed by salmatius , eo tempore quo oritur arcturus navigationes suas ut plurimum desinebant mercatores , domumque redibant ; boedromion quippe mensis qui septembri respondet , quo tempore ferè arcturus oritur , terminus erat navigationum atticarum , ideo ab eo mense munichi●nem usque quo mense iterum se mari committebant , ac vela dabunt , mercatores athenienses in urbe desidebant , & lites suas disceptabant , ut videre est apud demosthenem adversus apaturium . amongst the romans likewise , for the better dispatch of causes concerning sea-businesses , the judges were ordered to proceed , levato velo , and de plano , without that solemnity , and formality which was used in ordinary courts , and causes ; so in italy , spain , and france , the judges proceed in causes concerning the sea , summarily and in a more compendious way than other judges use ; and the like , as sir iohn davies relates , hath seemed to the wisdome of this kingdome , our parliaments , saith he , have not only made extraordinary provisions , for a more speedy recovery of debts due unto merchants , for their merchandizes , than is provided by our common law , as appears by the statute of acton burnel , made the . of edward . and the statute de mercatoribus , made the . of edward . but also hath allowed a court of proceedings in cases of merchants , different from the course of our common law ; for by the statute of the . of edw. . cap. . it is declared , that the proceedings in causes of merchants shall be from day to day , and from hour to hour , according to the law of the staple , and not according to the course of the common law ; and by another article in the same parliament , that all merchants coming to the staple shall be ruled by law-merchant , touching all things coming to the staple , and not by the common law of the land ; and by another article , that neither any of the benches , nor any of the iudges of the common law shall have any iurisdiction in those cases . to which may be added the statute of of hen. . chap. . and of the of elizabeth , chap. . which direct , that such causes betwixt seamen and merchants shall be ordered summarily , and without delay , and as in discretion shall seem most convenient . all which was , and may be observed in the court of the admiralty , which in many causes proceed at any time , and in all causes summarily , and according to equity , but neither is , nor can be observed in courts of common law , which are open onely in term times , and proceed in an ordinary and strict way . secondly , for the advantage of those who use navigation , and trade by sea , the law-merchant and laws of the sea admit of divers things not agreeable to the common law of the realm , which may be better insisted on in the court of admiralty , than in the courts of the common law. so much is likewise declared by sir iohn davyes , relating several instances to that purpose . . if two merchants , saith he , be joynt owners , or partners of merchandizes , which they have acquired by a joynt contract , the one shall have an action of account against the other , secundum legem mercatoriam , but by the rule of the common law , if two men be joyntly seized of other goods , the one shall not call the other to account for the same . . if two merchants have a joynt interest in merchandizes , if one dye , the surviver shall not have all , but the executor of the party deceased , shall by the law-merchant call the surviver to an account for the moity , whereas by the rule of the common law , if their be two joynt tenants of other goods , the surviver perjus accrescendi shall have all . . in an action of debt upon a simple contract , ( which is without a deed in writing ) the defendant by the common law may wage his law , that is , he may barr the plaintiff from his action , by taking an oath that he doth not owe the debt , but when one john cumpton merchant brought an action of debt secundum legem mercatoriam against another merchant upon a contract , without deed , and the defendant would have waged his law , he was not permitted so to do , and the judgement was given for the plaintiff . it is not hereby intended that the courts of common law cannot or do not take notice of the law-merchant , in merchants cases , but that other things likewise considered , it might be thought reasonable , if they so desire , to allow them the choice of that court , where the law-merchant is more respected , than to confine them to other courts , where another law is more predominant . besides , there may be danger of doubt thereof , because those things are not approved for proofs at the common law , which are held sufficient in the admiralty amongst the merchants ; for as sir iohn davies further observes , at the common law no mans writing can be pleaded against him , as his act , and deed , unless the same be sealed , and delivered : but in sutes between merchants , bills of lading , and bills of exchange , being but ticquets , without seals , letters of advice , and credence , policies of assurance , assignations of debts , all which are of no force at the common law , are of good credit and force by the law-merchant . to which may be added , what malines observes , that the bearer of such bills , by the course amongst merchants , shall be admitted to demand , and recover the contracts , without letters of atturney , which is not admitted in the common law. it is moreover considerable , that the law of the sea looks one way , when the common law looks another ; as for instance , a ship is freighted , or hired for a voyage to the indies , at l. per moneth by charter-party , it appeareth that having been eight moneths in the imployment of the merchant , who freighted her , before she makes any port , with her lading she perisheth in the sea , in this case by the common law , as it hath been averred , the owner of the ship ought to have freight for eight moneths : but by the law of the sea , which hath alwayes been allowed , the merchant losing his goods , the owner loseth his freight ; again , if the owner loseth his freight , the mariner , although he escape , loseth his wages , for the time he served , which happily would not be thought so if he sued at the guild-hall for the same . thirdly , for encouragement and advantage of those who use navigation and trade by sea , it is considerable , that in the court of admiralty , one and the same action may be brought against diverse and several persons , undertaking the same business , as when many joyn in subscription to a policy of assurance , but if a sute be brought at the common law , every man must be sued severally , which the parliament in the act concerning assurances , held inconvenient ; and in the like manner , divers and several persons may joyn in the same sute , as mariners for wages , at a small charge to themselves , with little prejudice to the masters , or owners which are sued , and obtain a decree or order all together , whereas when they sue at the guild-hall , every man sues severally , to the great charge of every particular , and to the excessive dammage of the masters , or owners , if judgements be given against them , besides the inconvenience ( of which the statute of the . of hen. the . cap. . takes notice ) that if mariners or shippers , which by reason of their often voyages and passages must depart , without long tarrying and protracting of time , be enforced to attend the ordinary terms of the common law. fourthly , the court of admiralty for the conveniency and dispatch of merchants , and sea-mens causes , admits of proofs , which the courts of common law do not allow , for in that court according to the civil law , the plaintiff may be relieved by the defendants answer , upon oath , which in the ordinary courts of the common law is not afforded ; again , whereas in those courts the evidence must be produced at the barr , before the jury , sea-men , and mariners , which are many times necessary witnesses , for the reason before exprest , cannot be present without great prejudice to themselves and the trade of the kingdome ; but in the admiralty court they may be produc'd at any time , after the sute is begun , and their examinations being taken in writing , they have liberty to follow their own , and the common occasions . moreover , many times in causes concerning navigation , and trade by sea , no proof can be made , but by witnesses remaining in forein parts , to which the writs of the common law do not extend , but those witnesses by commission out of the admiralty court , are usually sworn and examined by magistrates in those places , and their examinations so taken are allowed for sufficient proof upon return . divers other instances might be given , by which it would appear that the court of admiralty can give redress in sutes concerning navigation and trade with more conveniency than the courts of common law ; but these considered , and how much it concerns the good of the kingdome , and those who s●pport navigation and trade , may be sufficient to discover , which court may be best justified in proceeding in causes of that nature . what inconvenience may follow both to the private and publick by the interposing of the courts of common law , and by obstructions made unto the admiralty in such businesses , may appear in one particular , that is concerning charter-parties and freight due for imployment of shipping . there is but one instance given of a sute brought at the common law upon a charter-party , viz. the of elizabeth , which was on the merchants part for breach of covenant , viz. for not staying in a port of discharge so many dayes as were agreed upon , for which the owner was condemned in l. without any respect to the loss or damage which the merchant had sustained : and if it be considered how many clauses there are in charter-parties , and covenants of things to be performed for which the owners are bound under a general penalty , if upon every breach advantage should be taken in extremity , no man would have great comfort in hiring out ships to the sea : and it may be observed , that there is no president that ever any man sued for freight at the common law , which argues much difficulty in that way , as probably the performance of the voyage being to be maintained by such proofs as cannot be produced in those courts . and whereas it is affirmed , that infinite prohibitions have been granted in causes commenced in the admiralty upon charter-parties , it must follow , that thereby was occasioned infinite loss to the owners of the shipping , it being most probable by what hath been observed , that the cause for freight being stopped in the admiralty , there was no means to recover the same in the courts of the common law. for that is a certain rule , that that merchant which declines that court knows he is in no danger elsewhere ; and it falls out many times , that for long voyages great summs are due for freight , and merchants not alwayes having good success , are sometimes put to their shifts , but how far it stands with the dignity of the high courts to countenance , or in truth afford protection to such shifts , we leave them to consider , but no man can conceive otherwise , than that those courses must needs more weaken the shipping of the kingdome , than divers ordinances and constitutions intended for the maintenance thereof can possibly advance the same . besides the decay of shipping , these things conduce to the impoverishing of mariners who are the life of shipping , for freight is said to be the mother of wages , and the owner losing his freight , the mariner cannot so well obtain his wages , and in consequence must betake himself to some other course of life . the like inconvenience falls out in trade and commerce , when prohibitions are granted for contracts , or things done in partibus exteris & transmarinis , the merchant if he can avoid the admiralty where he must answer upon oath , and proof may be made by commission , thinks himself secure from any danger at the common law. and although it may be supposed that remedy may be given in the chancery , yet howsoever it is possible it is not usual for that court to send commissions into forein parts , and the pretence is for the right of jurisdiction in the kings courts of the common law , without respect to the chancery , to which sir ed. cook seems to be no great friend . finis . notes, typically marginal, from the original text notes for div a -e articu●i admiralitatis . the processe and proceedings in this court are in the name of the lord admiral . the title of the complaint . obj●ct . . answer . object . . answer . see hereafter in the proof by judgements , & judicial presidents . object . . answer . eliz. cap. . object . . answer . object . . answer . r. . cap . r. . cap. . h. . cap. . object . . answer . object . . answer . object . . answer . notes for div a -e assert . commene sur les cutumes de normandy te d● v●●ces . orat. pro lege mamlia . pro●heio● l. . l● . . l. deprecatio d. de l. rhod d ▪ dominio maris l. . c. . orbis marit●●i . lib. c. . tract de navigat , et mercatura . d● sulseudis t●t . de officio adm●●alli . praefat del cont. solato de c. . partid . . et . . fontavon les edicts de flance tom. . ar●●● . flores ●●ar sae ad ●●deprecatio . a bridg . of sea laws . c. part. . c. ad sect. . c. . sir iohn hayward in the life of ed. . ad sect. . c. . p. . offic. . de dom. maris . l. . c. . ad cap. . de dom. maris p. . coment on liltt . sect. . part. . c. . assert . syntag. l. . c. . petit de legib. atticis . in verrem . decad. . l. . l. . ad senatus trebes . l. lib. . ult . c. de commercijs . cap. . morisonis l. . c. . sansovinus lib. . chassan , catal. p. . cons. . freeca de offic . admir . moris l. . c. . edit . per fontan . tit. . c. . abrigd . c. de dem. maris l. . c. . iurisdictiones p. selden l. . c. . assert . tit. de varl●t . g●omat . verb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . iac. godefred . comment . ad . deprecatio . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . lib. . cap. . partid . . & . tit. de vareos . lenthal & alii contr . d. will. russel & alii . assert . iurisd . of courts c. . f. . de dom. maris l. c . ● & phil. & mar. iurisd . of courts p. . gloss. ● . admiral . iurisd . of courts p. . ibid. . lib. . c. . assert . notes upon fort●●cue b . p . v. . lex mercat . p. . cap. . p. cap. d. lib. tit . . c. lib. . t. . d. vs●ris cap . comment in littleton sect. . iurisdict . of courts p. . artic. . de vusuris c. . l. exigere , d. de iudiciis . donatio in matrimonium . sect. . p. ● c. . assert . l. . d. de verb. signif ▪ de dominio maris lib. . cap. . iurisdict . of courts p. . lib. . de eaux & forests art . . cap. . cap. . p. . lib. . c. ● p. . assert b. b. p. . & p. . p. . c. . p. . c. . carol. sir christopher wray , l. chief iustice , dr. davy lewis , iudge of the admiralty . request . answer . request . answer . request . answer . request . answer . request . answer . stat. . c. . assert . cook reports , p . h ● ● . h. . . e. ● p. . & p. . assert . comment upon magna chart. fol. . sholes syntag . ●it . . petitus de legibus atticis l. . tit . ● . c. de naufragiis l. . & ibi cujacius . a letter from ma. gen. overton, governour of hull, and the officers under his command directed for the honourable leiut. [sic] general fleetwood, to be communicated to the council of officers of the army. overton, robert, ca. -ca. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from ma. gen. overton, governour of hull, and the officers under his command directed for the honourable leiut. [sic] general fleetwood, to be communicated to the council of officers of the army. overton, robert, ca. -ca. . sheet ([ ] p.) s.n., [london? : ] imprint from wing. signed: rt. overton [and others]. dated at end: hull octob. th. . annotation on thomason copy: "oct. ". reproduction of the original in the british library. eng fleetwood, charles, d. -- early works to . england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from ma. gen. overton, governour of hull, and the officers under his command. directed for the honourable leiut. [sic] general flee overton, robert a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from ma. gen. overton , governour of hull , and the officers under his command . directed for the honourable leiut. general fleetwood , to be communicad to the council of officers of the army . right honorable , this day having brought to my hands yours , with the enclosed representation and petition of several officers of the army , to which you desire the subscription of the officers of this garrison ; i have accordingly convened and imparted your letter and paper to them ; upon consideration whereof , finding our selves at this distance to be wholly ignorant of the late proceeds whereupon we suppose it to be grounded : as also for that it is already tendered to the parliament , which we apprehend hath resolved our subscriptions out of season , we have thought it improper for us to subscribe the same . neverthelesse , that we may not leave you without satisfaction as to our concurrence with you , in what may expresse our faithfulness to the parliament , from whom we are commissionated upon publick account , and thereby bound in all due obedience , we look upon our selves as obliged to declare our full purpose of heart to manifest our stedfastnesse to the parliament , according to the tenour of our respective intrustments , in adhering to them in all their just and warrantable proceedings , in pursuance of the trust reposed in us ; whereby we hope , that nor only the designs of all publick and private adversaries will be disappointed ; but we shall further ( by gods blessing ) expect to see some further fruit of our former declarations for truth and righteousness . this , as we doubt not but it will satisfie you of our firm and unfeighned intents to the parliament in all their just and equitable determinations : so we trust the former reasons , moving us to wave the subscriptions of yours inclosed , will be of weight with you , to give us your excuse , and esteem us still as , your very affectionate and humble servants , sic subscribitur rt. overton , tho. everard , tho. pigott , rich. cox , he. boade , tho. somatsen jo. nary , john durdoe , vval . thimelson , vvill . dawson . vvill . figes . hull octob. rh . . by the king and queen, a proclamation requiring the attendance of the members of both houses of parliament england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation requiring the attendance of the members of both houses of parliament england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb deceas'd ..., london : . "given at our court at whitehall, the twenty fourth day of september . in the third year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king and queen , a proclamation , requiring the attendance of the members of both houses of parliament . marie r. we being desirous that the members of both houses may have convenient notice of the time when their attendance in parliament will be requisite , to the end they may order their affairs as that there may then be a full assembly , have ( with the advice of our privy council ) thought fit to issue this our royal proclamation , hereby declaring and publishing our will and pleasure , that our parliament shall on the fifth of october next , ( to which day the same is now prorogued ) be further prorogued unto thursday the two and twentieth day of the same month. in order to which prorogation we shall expect the attendance only of such members as shall be resident in or near our cities of london and westminster . and our purpose being that our said houses of parliament shall not only meét upon the said two and twentieth of october , but shall sit for the dispatch of divers weighty and important affairs , we do therefore hereby charge and require all the lords spiritual and temporal , and the knights , citizens and burgesses of the house of commons , to give their attendance at westminster on the said two and twentieth day of october next accordingly . given at our court at whitehall , the twenty fourth day of september , . in the third year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the king and queens most excellent majesties . . the duke of buckingham's speech, spoken in the house of lords, feb. th, , proving that the parliament is dissolved speech spoken in the house of lords, feb. th, , proving that the parliament is dissolved buckingham, george villiers, duke of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the duke of buckingham's speech, spoken in the house of lords, feb. th, , proving that the parliament is dissolved speech spoken in the house of lords, feb. th, , proving that the parliament is dissolved buckingham, george villiers, duke of, - . p. [s.n.], amsterdam : . on the proroguing and dissolution of parliaments. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- restoration, - -- sources. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the duke of buckingham's speech ; spoken in the house of lords , feb . th . . proving that the parliament is dissolved . whose suffering's svveet , since honour doth adorn it ; who slights revenge ; not that he fears , but scorns it . amsterdam , . the duke of buckingham's speech , &c. my lords , i have often troubled your lordships with my discourse in this house , but i confess i never did it with more trouble to my self than i do at this time ; for i scarse know how i should begin what i have to say to your lordships . on the one side , i am afraid of being thought an unquiet and a pragmatical man ; for in this age every man that cannot bear every thing , is called unquiet , and he who does but ask questions , tho' about those matters for which he ought to be most concern'd , is look'd upon as pragmatical . on the other side , i am more afraid of being thought a dishonest man , and of all men , i am most afraid of being thought so by my self ; for every one is best judge of the integrity of his own intentions . and though it does not alwayes follow , that he is pragmatical , whom others take to be so , yet this never failes to be true , that he is most certainly a knave , who takes himself to be so . no body is answerable for more understanding than god almighty has given him ; and therefore though i should be in the wrong , if i tell your lordships plainly and truly what i am really convinced of , i shall behave my self like an honest man ; for it is my duty , as long as i have the honour to sit in this house , to hide nothing from your lordships , which i think may concern either his majesties service , your lordships interest , or the good and quiet of the people of england . the question , which in my opinion does now lie before your lordships , is not what we are to do , but , whether at this time we can do any thing as a parliament ? it being very clear to me , that the parliament is dissolved . and if in this opinion i have the misfortune to be mistaken , i have another misfortune joyned to it , a desire to maintain this argument with all the judges and lawyers in england , and leave it afterwards to your lordships to decide , whether i am in the right or no. this , my lords , i speak not out of arrogance , but in my own justification . because if i were not througly convinced , that what i have now to urge , were grounded upon the fundamental laws of england , and that the not pressing it at this time , might prove to be of a most dangerous consequence , both to his majesty and the whole nation , i should have been loath to start a notion , which perhaps may not be very agreeable to some people . and yet , my lords , when i consider where i am , who i now speak to , and what was spoken in this place about the time of the last prorogation , i can hardly believe that what i have to say , will be distastful to your lordships . i remember very well how your lordships were then displeased with the house of commons , and i remember too as well , what reasons they gave you to be so . it is not so long since , but that i suppose your lordships may easily call to mind , that after several odd passages between us , your lordships were so incensed , that a motion was made here , for to address to his majesty , about the dissolution of this parliament . and tho it fail'd of being carried in the affirmative by two or three voices , yet this in the debate was remarkable , that it prevail'd with much the major part of your lordships that were here present , and was only over-power'd by the proxies of those lords who never heard the arguments . what change there has been since either in their behaviour , or in the state of our affairs , that should make your lordships change your opinion , i have not yet heard . and therefore if i can make it appear ( as i presume i shall ) that by law the parliament is dissolved , i presume your lordships ought not to be offended at me for it . i have often wondred how it should come to pass , that this house of commons , in which there are so many honest , and so many worthy gentlemen , should yet be less respectful to your lordships , as certainly they have been , than any house of commons that ever were chosen in england ; and yet if the matter be a little enquired into , the reason of it will plainly appear . for my lords , the very nature of the house of commons is changed ▪ they do not think now that they are an assembly that are to return to their own homes , and become private men again ( as by the laws of the land and the antient constitution of parliaments they ought to be ) but they look upon themselves as a standing senate , and as a number of men pickt out to be legislators for the rest of their whole lives . and if that be the case my lords , they have reason to believe themselves our equals . but , my lords , it is a dangerous thing to try new experiments in a government ; men do not foresee the ill consequences that must happen when they go about to alter those essential parts of it , upon which the whole frame of the government depends , as now in our case , the customs and constitutions of parliament . for all governments are artificial things ; and every part of them has a dependance one upon another . and as in clocks and watches , if you should put great vvheeles in the place of little ones , and little vvheels in the place of great ones , all the fabrick would stand still : so we cannot alter any one part of a government without prejudicing the motions of the whole . if this , my lords , were well considered , people would be more cautious how they went out of the old , honest , english way and method of proceedings . but it is not my business to find faults , and therefore if your lordships will give me leave , i shall go on to shew you , why , in my opinion , we are no parliament . the ground of this opinion of mine is taken from the antient and unquestionable statutes of this realm , and give me leave to tell your lordships by the way , that statutes are not like vvomen , for they are not one jot the worse for being old. the first statute i shall take notice off is , that in the fourth year of edvvard the third , chap. , thus set down in the printed book ; item , it is accorded , that a parliament shall be holden every year once , and more often if need be . now though these words be as plain as a pike-staff , and that no man living that is not a scholar could possibly mistake the meaning of them , yet the grammarians of those dayes did make a shift to explain , that the words , if need be , did relate as well to the words every year once , as to the words more often ; and so by this grammaticall whimsey of theirs , had made this statute to signify just nothing at all . for this reason , my lords , in the th . year of the same kings reign , a new act of parliament was made , in which these unfortunate words , if need be , were left out , and that act of parliament is printed thus ; relating to magna charta , and other statutes made for publick good : item , for maintenance of these articles and statutes , and the redress of divers mischiefs and grievances vvhich daily happen , a parliament , shall be holden every year : as another time vvas ordained by another statute . here now , my lords , there is not left the least colour or shadow for any further mistake , for it is plainly declared , that the kings of england must call a parliament once within a year : and the reasons why they are bound to do so , are as plainly set down , namely , for the maintainance of magna charta , and other statutes of the same importance , and for preventing the mischiefs and grievances which daily happen . the question then remaineth , whether these statutes have been since repealed by any other statutes or no ? the only statutes i ever heard mentioned for that , are the two triennall bills , the one made in the last kings , and the other in this kings reign . the triannal bill in the last kings reign , was made for the confirmation of the two mentioned statutes of edvv. . for parliaments having been omitted to be called every year according to those statutes . a statute was made in the last kings reign to this purpose ▪ that if the king should fail of calling a parliament , according to those statutes of edw. . then the third year the people should meet of themselves vvithout any writts at all , and choose their parliament-men . this way of the peoples choosing parliament-men of themselves , being thought disrespectful to the king , a statute was made by this last parliament , which repealed the triennal bill ; and after the repealing clause ( which took notice only of the triennal bill made in the last kings reign ) there was in this statute a paragraph to this purpose : that because by the antient statutes of this realm , made in the reign of edw. . parliaments are to be held very often , it should be enacted , that vvithin three years after the determination of that present parliament , parliaments should not be discontinued above three years at most , and should be holden oftener if need required . there have been several half kind of arguments drawn out of these triennal bills against the statutes of edvv. . which i confess i could never remember , nor indeed those that urged them to me ever durst own ; for they alwayes laid their faults upon some body else , like ugly offish children , which because of their deformity and want of wit , the parents are ashamed of , and so turn them out to the parish . but , my lords , let the arguments be what they will , i have this short answer to all that can be wrested out of these triennal bills . that the first triennal bill vvas repealed before the matter novv disputed of vvas in question , and the last triennal bill vvill not be in force till the question be decided , that is , till this parliament is dissolved . the whole matter therefore , my lords , is reduced to this short dilemma , either the kings of england are bound by the acts mentioned of edvv. . or else the whole government of england by parliaments , and by law is absolutely at an end. for if the kings of england have power by an order of theirs to invalidate an act made for the mainteinance of magna charta , they have also power by an order of theirs to invalidate magna charta it self ; and if they have power by an order of theirs to invalidate an act made for the maintenance of the statute , de tallagio non concedendo , they have also power when they please , by an order of theirs to invalidate the statute itself de tallagio non concedendo ; and then they may not only without the help of a parliament , raise money when they please , but also take away any man's estate when they please , and deprive every one of his liberty or life as they please . this , my lords , i think is a power that no judge nor lawyer will pretend the kings of england have , and yet this power must be allowed them , or else we that are met here this day cannot act as a patliament . for we are now met by virtue of the last prorogation , and that prorogation is an order of the king's point blanck contrary to the two acts of edvv. . for the acts say , that a parliament shall be holden once vvithin a year ; and the prorogation saith , a parliament shall not be held vvithin a year , but some moneths after , and this ( i conceive ) is a plain contradiction , and consequently that the prorogation is void . now if we cannot act as a parliament , by virtue of the last prorogation , i beseech your lordships by virtue of what else can we act ? shall we act by virtue of the kings proclamation ? pray , my lords , how so ? is a proclamation of more force than a prorogation ? or , if a thing that hath been ordered the first time be not valid , doth the ordering it the second time make it good in law ? i have heard indeed , that two negatives make an affirmative , but i never heard before , that two nothings ever made any thing . well , but how then do we meet ? is it by our own adjournment ? i suppose no body has the confidence to say that : which way then is it ? do we meet here by accident ? that i think might be granted , but an accidental meeting can no more make a parliament , than an accidental clapping a crown upon a mans head , can make a king. there is a great deal of ceremony required , to give a matter of that moment a legal sanction . the laws have reposed so great a trust , and so great a power in the hands of a parliament , that every circumstance relating to the manner of their electing , meeting and proceeding , is look'd after with the nicest circumspection imaginable . for this reason the kings writts about the summons of parliament , are to be issued out verbatim according to the form prescribed by the law , or else that parliament is void and null . for the same reason , if a parliament summoned by the kings writ , does not meet at the very same day it is summoned to meet upon , that parliament is void and null : and by the same reason , if parliaments be not legally adjourned de die in diem , those parliaments must also be void and null . oh , but some say , there is nothing in the two acts of edvv. . to take away the kings power in prorogation , and therefore the prorogation is good . my lords , under favour that is a very gross mistake ; for pray examine the words of the acts : the acts say , a parliament shall be holden once a year ; now to whom can these words be directed , but to them that are to call a parliament ? and who are they but the kings of england ? it is very true , that this does not take away the kings power of proroguing parliaments ; but it most certainly limits it to be within a year . well then , but it is said again , if that prorogation be null and void , then things are just as they were before , and therefore the parliament is still in being . my lords , i confess there would be some weight in this but for one thing , which is , that not one word of it is true ; for if when the king had prorogued us , we had taken no notice of the prorogation , but had gon on like a parliament , and had adjourn'd our selves de die in diem ; then i confess things had been just as they were before : but since upon the prorogation we went away , and took no care our selves for our meeting again , if we cannot meet and act by virtue of that prorogation , there is an impossibility of our meeting and acting any other way . one may as properly say , that a man who is kill'd by assault is still alive , because he was killed unlawfully ; as that the parliament is still alive , because the prorogation was unlawful . the next argument that those are reduc'd to who would maintain this to be yet a parliament , is , that the parliament is prorogued sine die , and therefore the king may call them again by a proclamation . in the first part of this proposition , i shall not only agree with them , but also do them the favour to prove that it is so in the eye of the law , which i never heard they have yet done . for the statutes say , that a parliament shall be holden once vvithin a year ; and the prorogation having put them off till a day without the year , and consequently excepted against by the law ; that day in the eye of the law is no day at all , that is , sine die ; and the prorogation might as well have put them off till so many months after dooms-day ; and then i think no body would have doubted , but that it had been a very sufficient dissolution . besides , my lords , i shall desire your lordships to take notice , that in former times the usual way of dissolving parliaments was to dismiss them sine die ; for the king when he dissolved them , used to say no more , but that he desired them to go home , till he sent for them again , which is a dismission sine die . now if there were forty ways of dissolving parliaments , if i can prove this parliament has been dissolved by any one of them , i suppose there is no great need of the other thirty nine . another thing which they much insist upon is , that they have found out a president in queen elizabeth's time , when a parliament was once prorogued three days beyond a year ▪ in which i cannot chuse but observe , that it is a very great confirmation of the value and esteem all people ever had of the forementioned acts of edvvard the third , since from that time to this , there can but one president be found for the proroguing a parliament above a year , and that was but for three days neither . besides , my lords , this president is of a very odd kind of nature ; for it was in the time of a very great plague , when every body of a suddain was forced to run away one from another , and so being in haste , had not leisure to calculate well the time of the prorogation , though the appointing it to be within three days of the year is an argument to me , that their design was to keep within the bounds of the acts of parliament . and if the mistake had been taken notice of in queen elizabeth's time , i make no question but she would have given a lawfull remedy to it . now i beseech your lordships , what more can be drawn from the shewing this president , but only that because once upon a time a thing was done illegally , therefore your lordships should do so again now : tho' my lords , under favour , ours is a very different case from theirs ; for this president they mention was never taken notice off ; and all lawyers will tell you , that a president that passes sub silentio , is of no validity at all , and will never be admitted in any judicial court where 't is pleaded . nay , judge vaughan saies , in his reports , that in cases vvhich depend upon fundamental principles , from vvhich demonstrations may be dravvn , millions of presidents are to no purpose . oh but say they , you must think prudentially of the inconveniencies which will follow upon it : for if this be allowed all those acts which were made in that sessions of parliament , will be then void . whether that be so or no , i shall not now examine ; but this i will pretend to say , that no man ought to pass for a prudential person , who only takes notice of the inconveniencies of one side ; it is the part of a wise man to examine the inconveniences of both sides , to weigh which are the greatest , and to be sure to avoid them . and , my lords , to that kind of examination i willingly submit this cause ; for i presume it will be easie for your lordships to judge , which of these two will be of the most dangerous consequence to the nation , either to allow , that the statutes made in that particular sessions in queen elizabeth's time are void , ( which may be easily confirmed at any time by a lawful parliament ) or to lay it down for a maxime , that the kings of england by a particular order of theirs , have povver to break all the lavvs of england vvhen they please . and , my lords , with all the duty we owe his majesty , it is no disrespect to him to say , that his majesty is bound up by the lavvs of england ; for the great king of heaven and earth , god almighty himself is bound by his own decrees : and what is an act of parliament but a decree of the kings made in the most solemn manner it is possible for him to make it , that is , with the consent of the lords and commons . it is plain then in my opinion , that we are no more a parliament , and i humbly conceive , your lordships ought to give god thanks for it , since it has pleased him thus by his providence to take you out of a condition , wherein you must have been entirely useless to his majesty , to your selves , and the whole nation : for , i do beseech your lordships , if nothing of this i have urged were true , what honourable excuse could we find for our acting again with this house of commons ? except we could pretend to such an exquisite art of forgetfulness as to avoid calling to mind all that passed between us the last sessions , and unless we could have also a faculty of teaching the same art to the whole nation ; what opinion could they have of us , if it should happen that the very same men , who were so earnest the last sessions , for having this house of commons dissolved , when there was no question of their lawful sitting , should be now willing to joyn with them again , when without question they are dissolved . nothing can be more dangerous to a king or a people , than that laws should be made by an assembly , of which there can be a doubt whether they have power to make laws or no : and it would be in us so much the more unexcusable , if we should overlook this danger , since there is for it so easie a remedy ; a remedy which the lavv requires , and which all the nation longs for , the calling of a nevv parliament . it is that only can put his majesty into a possibility of receiving supplies ; that can secure to your lordships the honour of sitting in this house like peers , and of being serviceable to your king and country ; and that can restore to all the people of england their undoubted rights of chusing men frequently to represent their grievances in parliament . without this all we can do would be in vain ; the nation might languish a while , but must perish at last : we should become a burden to our selves , and a prey to our neighbours . my motion therefore to your lordships shall be , that we humbly address our selves to his majesty , and beg of him for his own sake , as well as for all the peoples sakes to give us speedily a nevv parliament . that so we may unanimously , before it is too late , use our utmost endeauours for his majesty's service , and for the safety , the wellfare , and the glory of the english nation . the end . whil'st another lord was speaking , the duke took a pen and wrote this sylogism : and then appealed to the bishops , wether it were not a true sylogism ; and to the judges , whether the propositions were not true in lavv ? the sylogism . it is a maxime in the lavv of england , that the kings of england are so bound up by all statutes made pro bono publico , that every order or direction of theirs contrary to the scope and full intent of any such statute is void and null in lavv but the last prorogation of the parliament vvas an order of the king 's contrary to an act of edward the third , made for the greatest common good , viz. the maintenance of all the statutes of england , and for the prevention of the mischiefs and grievances , vvhich daily happen . wherefore the last prorogation of the parliament is void and null : lavv. the case of the petitioners, william strode and john speke, esquires approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the petitioners, william strode and john speke, esquires strode, william, esq. speke, john. sheet ([ ] p.) s.n., [london : ] caption title. publication data suggested by wing. imperfect: one line blacked out in ms. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons -- contested elections -- early works to . elections -- corrupt practices -- england -- somerset -- early works to . somerset (england) -- politics and government -- th century -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the petitioners , william strode and john speke , esquires . in the burrough of ivelchester , in somerset , it hath been the custom and usage , for only all house-keepers , to give votes for choosing members to serve in parliament . joseph winter , a barber , being baliff on the election day , did partially , contrary to the custom , when he had polled himself , and called for all that were polled for sir edward wyndham , baronet , and mr , william helyar , admitted of several non-residents , tablers and lodgers , amongst them , whereas they were all severally excepted against , by some of the inhabitants , to have no right ; alledging , that they did not rent houses , and could not be called house-keepers . whereupon , the petitioners clerk marked the names of fifteen of that poll he took when they were thus objected against : so afterwards , mr. strode and mr. spekes , voters , waiting in the hall , at length were allowed to poll for mr. strode . there were fifty two unquesionable house-keepers , whereof fifty were also for mr. speke ; but then , at last , some real house-keepers , who offered to poll for the petitioners , were refused . there are but fifty eight , on the poll , for sir edward wyndham and mr. helyar , whereof not above forty three are house-keepers neither have they there any freemen , or other electors , then house-keepers , who are not effectively one hundred in all the burrough ; so that the petitioners will plainly prove , a good majority of the said house-keepers , as they now stand on the poll , without adding those who were refused them ; and consequently , the petitioners are duely chosen . as for the charter , it gives none any right to choose members for parliament , it only makes a corporation consisting of a baliff and twelve capital burgesses : and by the express words of the said charter , the baliff , and said capital burgesses , upon death or removal of any , they are required to go to a new choice of some inhabitant to be a capital burgess : altho' , contrary hereunto , the balisf and burgesses of late years , have elected four gentlemen , non-residents , and did allow one of those gentlemen to be their baliff , for some years successively whilst living at least three miles then out of their burrough . by the king and queen, a proclamation to explain a clause in a late proclamation (for encouraging seamen and mariners to enter themselves on their majesties service) dated the one and twentieth day of december, england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation to explain a clause in a late proclamation (for encouraging seamen and mariners to enter themselves on their majesties service) dated the one and twentieth day of december, england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb deceas'd ..., london : . "given at our court at whitehall the twenty eighth day of july, . in the fourth year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. great britain -- history, naval -- stuarts, - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king and queen , a proclamation , to explain a clause in a late proclamation [ for encouraging seamen and mariners to enter themselves on their majesties service ] dated the one and twentieth day of december , . marie r. whereas in our said royal proclamation there is this following clause [ and we do hereby further declare , that no such able seamen that shall so voluntarily enter themselves within the time before mentioned on board any of our ships of the first and second rates , shall be turned over to other ships ] which clause as it may be understood , may prove prejudicial to our service , and not according to our royal intentions , for by the purport thereof , such able seamen as did enter themselves on board of any of our first and second rate ships as abovesaid , may claim of right to be cleared and paid off , in case by accident or stress of weather such ship at her first going out should happen to be disabled from the summers service , or else such seamen so entring themselves will have pay for no service , if they may not be turned over to other ships , during the time the ship on which they are entred is refitting . wherefore to avoid such inconveniencies , and that such able seamen who entred themselves , as aforesaid , may have the benefit of our royal intentions and encouragement to them ; we do hereby , by the advice of our privy council , explain the said clause , and declare by this our royal proclamation , that when any of our ships of the first or second rates shall be sent in to be refitted or repaired , and not laid up , the men belonging to such ship or ships , though voluntiers , and entred as aforesaid , may be turned over to any other ship or ships in our royal navy , by directions from the commissioners for executing the office of lord high admiral of england , according as our service shall require , during such time only as such ship or ships so sent in , as aforesaid , shall be repairing or kept in pay : and we do further declare , that when such ship or ships shall be repaired , and sent out to service again , the same men , being voluntiers , and turned over as aforesaid , shall be again returned to their ship or ships on which they entred themselves voluntiers , unless they desire to continue in the ships to which they shall be turned over , that when such ship or ships shall be laid up , and put out of pay , such voluntiers may be paid off , and cleared ; in order to which , we do hereby strictly charge and command our commissioners for executing the office of lord high admiral of england , not to turn over such voluntiers into any ship or ships , that shall be employed in any foreign voyages , but into such ship or ships that shall be employed in our main fleet , or chanel-service only . given at our court at whitehall the twenty eighth day of july , . in the fourth year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the king and queens most excellent majesties . . essex's excellency, or, the gallantry of the freeholders of that country being a short account of the brave british behaviour of those worthy freeholders, in the choice of their knights to serve in the next parliament : together with the truly noble lord gray his speech at the close of their choice / published by an eye-witness of their most noble courage for the example of their neighbouring counties. eye-witness of their most noble courage for the example of their neighbouring counties. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) essex's excellency, or, the gallantry of the freeholders of that country being a short account of the brave british behaviour of those worthy freeholders, in the choice of their knights to serve in the next parliament : together with the truly noble lord gray his speech at the close of their choice / published by an eye-witness of their most noble courage for the example of their neighbouring counties. eye-witness of their most noble courage for the example of their neighbouring counties. p. s.n., [london : ] caption title. reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- elections. elections -- england -- essex. essex (england) -- politics and government. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion essex's excellency : or the gallantry of the freeholders of that county . being a short account of the brave british behaviour of those worthy freeholders , in the choice of their knights to serve in the next parliament . together with the truly noble lord gray his speech at the close of their choice . published by an eye-witness of their most noble courage for the example of their neighbouring counties . as long parliaments have been heretofore the great mischief & ruin of the free-born english man's liberty , which this nation in general began to he very sensible of , by the abundant evils that had like to have befallen the good people of england , even almost to the overthrow of all propriety and priviledges , as well as religion , which the all-wise god , out of pity to this nation , hath how at last put an end unto , by an unexpected hand of providence : so did there lately seem to threaten as great an evil by burdening the counties with the choice of too frequent parliaments ; and the cause of this fear did not arise in the hearts of wise men without some cause ; for drinking and revelling , being grown into both fashion and custom in many places of this kingdom , both burroughs and counties , as necessary qualifications to make a wise representative , gentlemen indeed , those that are really such in their sober deportment and carriage , began to grow weary ; though they could not but see , that nothing but utter destruction must at last most certainly swallow up both them and their posterity , in some short time , in case persons were chosen ; as only obtained their elections by drinking and feasting the country . for wise men well know that such excessive charges was so unreasonable a thing to be born by any honest person , that hath no other end than his countries good , that it could not but be imagined long since that those persons that got such their elections by those waies and means , had another end in it , and designed repayment again in a private and unjust way out of the peoples pockets , by selling their votes at a dear rate for the raising of money , and in other matters of great moment . nay , some persons , and not a few , to the eternal infamy of both them that paid , and them that received such wages of unrighteousness , were grown to that excess after they were sent up members to the late long parliament , that they received yearly more money for selling their country , than it cost them to be so elected ; so that at last to be once got a parliament man , was grown a sure way both of profit and honour , though purchased out of the poor peoples hearts blood ; for those men to have good places , or large pensions , would and did as easily part with their countries liberty , and the peoples freedom and right , as well as their money ; and , which may easily appear , if we consider their domineering over their equals , and despising law , and longing for seats in the late long parliament , to be continued to them and their heirs for ever . but not to trouble you further with their ill proceedings at this time , since we have yet room for hopes that we shall have once more an english parliament that will look into such miscarriages , and give a due reward to such offenders in the late long parliament , who either for places or pensions , sold their votes and their country at a cheaper rate than esau did his birth-right . but as to the gallantry and nobleness of divers of the gentry of essex , as well as the whole body of the freeholders , there take this short narrative ; the writ being directed for the choice of two knights for the shire , tuesday last , the th . of this inslant august was appointed the day , being the first county-court ; and whereas sir eliab harvey , and collonel mildmay were former members in the last good parliament . collonel mildmay did sometime before the day of election intimate to sir eliab harvey his intentions to stand to be one of the knights of the shire ; and that as they had been both chosen before , he believed the country would now do the like freely ; but though the collonels interest in the county was looked upon by all to be that which brought them both to be so easily elected before ; yet sir eliab ( as is believed ) trusting either to his own interest , or the interest of the duke of albemarle . and some other of the gentry . did absolutely refuse to joyn himself with collonel mildmay ; but on the contrary , was resolved to sland alone , that now his interest with the duke , and some of the gentry , and sir thomas middleton , was sufficient not only to be chosen knights of the shire himself ; but a●so wholly to lay aside and disappoint the collonel of his intentions ; and in effect under hand to oppose his election , which was thought to be more easily done , because the collonel , like the old english-man , was resolved not to be at any cost or charges in the obtaining his election , thinking , as indeed it is a burden sufficient to serve their country as their member , and not vainly to throw away his estate , as well as his labour to be their servant too ; for that his noble spirit well knew , that he that served his country faithfully , deserved the thanks of his country , without spending his estate to be chosen : but some were not idle all this time , since the dissolution of the last parliament , to reproach , vilifie and abuse that worthy person , collonel mildmay ; yet the summe of all their malice could reach no higher , after all , but to reproach him for a phanatick , a name too common in the mouths of our half protestants , and so little understood by them ; but too too grateful to the papists , by which they have most maliciously branded every sober person in england with that name ; nay , a man can hardly pass through the streets with sobriety in his face , but he is branded for a phanatick ; and by some that would make us believe they are protestants themselves ; but if phanatick does denote a mad man , as i have understood it alwaies did , till within the compass of twenty years last past , then i am sure it is as false an aspersion cast on that worthy person , as that was which was cast upon the apostles , that they were mad-men for preaching the resurrection from the dead , and judgment day to come ; but let such , whoever they are , know , it is a thousand times more honourable to be called by them phanaticks than good christians , a thing i fear they are very little acquainted with more than the name : but there we leave them where they most delight , and proceed to tell you , that some of the tribe of levi both before and at this election were very zealous , against this worrthy person coll. mildmay ; for one of them standing by a papist , that voted against the collonel , cryed , well done , he did not doubt but that they should agree well enough in the main , though not in all points . some sent their paper-pellet to all their neighbourhood , and especially to their own club of the long robe , and did incourage and threaten them upon their obedience to their diocessian , that they should not fail , but make all the interest possibly they could , that collonel mildmay might not be chosen , but all hands for sir thomas middleton , whom they knew would never fail their cause , nor their church , which was all those gallions cared for , no matter what became of their country ; it was the liberties and sauciness of the lay-men they hated ; and they must be brought into blind obedience to them , and pin their faith on their sleeves , or else all was undone , and the king and country lost ; this was their cry and exhortation ; and my lord duke supposing his interest in the country to be made greater by slanding up against collonel mildmay , with all his power and might , both in his person and friends , engages all against the collonel , and musters up all to come and give their vote for middleton against mildmay . but the day being come , the roads were every where filled round chelmsford with vast numbers of gentry and freeholders , the night before there not being room enough in that town for lodging , and in the morning by seven of the clock coll. mildmay came from his house to the place near the hop-ground , with about gentlemen and free-holders , where met him my lord shandish with about more , all on horse back , crying out ▪ a mildmay , a mildmay , with many vollies of acclamations ; presently after the ever noble and renowned lord gray met the collonel in a most sumptuous habit , with his led horses in rich trappings , and about horse attending him ; then the lord gray with the collonel began to march into the town , where they were met with near horse more , and so passing through the towm into the field in very good order , with their mouths loudly hollowing for a mildmay only , and crying out . god bless my lord gray , they there rested for about an hour , while they drew up in a posture to be viewed , and being then all got together , was not esteemed less than men . not long after came into the town sir thomas middleton , with about or horse-men , and my lord duke and sir eliab harvey with about men more , accounting their servants and attendants ; and sir eliab came into the field near to coll. mildmay : but the collonels men being angry that sir eliab should espouse another interest , and not joyn with the collonel , resolved unanimously as one man , that they would only give one voyce for the collonel , and reserve the other for such a person as the collonel should please to nominate to them himself : which being resolved , the collonel with his company drew out of the field to the town-house , and riding several times about it , with an incredible shout for a mildmay , a mildmay , that scarce the like was ever seen at any election ; and the hour being come for the writ to be read , the collonel goes to the town-hall , and being told the high sheriff was ready , made a short speech to the people to this effect . gentlemen and friends , since i see you judge me worthy to serve you as a member in this next parliament , i promise you , according to the best of my understanding , faithfully to discharge that trust you so unanimously intend to repose in me ; and since you judge me a fit person , i hope you may give some credit to my recommendation of another person to joyn with me in that service , which i shall name with your leave , and if you approve of , and judge him worthy also , though he be not here , yet he may soon be sent for to come among you : to which all the people gave a great shout , and cryed , name him , name him ; which then the collonel did , and told them , john lomott honeywood , esq ; a person of a very good estate in this county , was in his judgment a very honest and worthy person , and one that he did verily believe would serve them faithfully : which the people liking , immediately with a great shout cried , send for him , a honeywood , and a mildmay , and none else ; and so the word being given out among the free-holders , and the collonel with them surrounding the market-places two or three times , that the people might be all informed of the second person , every man at last ( which was within the compass of half an hour ) cryed out as much a honeywood as a mildmay ; and mr. honeywood being come up to the company , he and the collonel , with sir eliab harvey , and sir thömas middleton went into court , where the sheriff was ready , and the noble lord gray did the collonel and mr. honeywood the honour to enter into the court with them , to see matters fairly carryed , which otherwise might not have been : the duke of albemarle on the other side , and some of the gentry were pleased to be in court also ; and the writ being read about ten of the clock at the high sheriffs command , who in all the occurrences of the whole action carryed himself like a worthy gentleman , and did endeavour as much as could be to prevent any disorders in the election : the writ being read , and demand being made who they would chuse for their knights of the shire , was immediately answered by the whole people with loud cryes . a mildmay , a mildmay , and no courtier nor pensioner ; and then silence being made again , and demanded who they would have for the other person , they did as unanimously cry out , a honeywood , a honeywood , a good protestant ; and it could hardly be perceived , that any there present of the electors were of an other mind , or took so much as notice of sir eliab harvey , or sir thomas middleton , ( except their servants , and those that came along with the duke , and his attendants ) but notwithstanding the great inequality both in the field and the place of elections , as it is before expressed , yet sir eliab harvey and sir thomas middleton demanded the poll ; and before the beginning of the poll. sir eliab harvey was pleased to tell the people , that coll. mildmay had broke his promise with him ; but in what , was not then understood , otherwise than it was suspected he meant , that coll. mildmay ought not to have joyned with any other person but him , but the collonel giving ear to what was said by him ▪ declared to the people , that he never was in the least guilty of leaving sir eliabs interest , or designing so to doe , or under any promise to joyn with him whatsoever ; for that it was so far from any such thing ▪ that he told him ; sir eliab , i wonder you should charge me thus , when you know the contrary ▪ that i did desire you to stand with me , and to joyn interests together , to save the countrey trouble and charges ; and you absolutely denyed it , and always returned me answer , you must not , nor would not joyn with any : which words of the collonel were attested in the court to be true , by a very worthy gentleman , that averred to his knowledge , the collonel had ●ought to sir eliab , and was absolutely denyed . these words passing ▪ the poll was begun , and each person that stood had his clark to take the poll , which began about eleven a clock that day , where was such excessive thronging of the free-holders , being eager to be polled ; that the court was fain to adjourn several times that day to ease themselves ; the tumult being great , and the countreymen fearing some trick might be put upon them , would not leave the place at no rate , crying out . it was a shame that any gentleman should offer to stand a poll at so vast a disproportion , since the whole countrey was for mildmay and honeywood , and wondred that sir eliab harvey , and sir thomas middleton , and the duke ▪ would oppose the countrey , who was all but as one man ; but sir eliab harvey in reply to coll. mildmay then told the people , that now he did declare he would joyn with sir tho. middleton ; but after a little space , when he was informed that coll. mildmay had never joyned with any man till he came to the place of election , and saw him joyn with sir thomas middleton , then sir eliab harvey very worthily told the people , he would not at all concern himself in joyning with any man whatsoever . and no sooner was the poll begun , but some persons that would be thought both to be gentlemen , and the wisest justices in the county , in opposition , and as it then should seem to warrant no other than to breed a disturbance , first on the bench gave coll. mildmay and his party very reviling language , as pitiful inconsiderable phanaticks , and the like , and such words as only befitted a railing person in his pulpit ▪ or a drunken god-damme , telling them they had none but a company of clowns , and that the collonel had never a gentleman among them , nor any person that was a gentleman would offer to set up such persons to be parliament-men , and the like : which proceedings did enrage the free-holders , and made them cry out , they were better men than themselves ; and all their abuses and tricks could not perswade nor affright them from standing up for their countreys good ; and then told them , none but papists and half-protestants would abuse such men . but those of sir thomas middleton's party , and such especially as polled for him , were not content with giving ill language of the basest sort , but upon the bench did all they could to make disturbances , by violences offered to the collonels person , one of them having the impudence ( who calls himself a knight ) to take him by the hair or the nose , to provoke the collonel to strike , that so there might be a quarrel , so as to make a disturbance and evacuate the election , or at least prolong the poll , which was aimed at on purpose to tire out the countrey-people , it being harvest-time , and also they hoping , that they bearing their own cost and charges , would send them home the sooner ; so that by delaying the poll , they might at last be in some equality with the collonel , and when the collonel well answered that person , and they saw that would not doe , and that the noble lord gray began now to be sensible of their abuses and designs , the next thing they undertook , was to quarrel with the lord gray himself ; but the person that did that being a peer , and the noble lord gray vindicating his honour with that peer , and giving him an answer suitable to a challenge said to be sent him . i shall not further repeat that matter : but when that would not do their work neither , then some of the justices of the peace ( as they pretended themselves ) for the promoting their cause , fell upon the clark that took the poll for coll. mildmay , and a wrathful fellow , to shew his kindness to his friend the duke , and the other persons that stood against the collonel , in his abundant wisdom , justice and manhood , assaulted the said clark , and struck him several times , upon pretence the clark did not doe his duty by standing bare to his worship , though then the court was shut , ( and the sheriff not there , which only made the court ) and committed the person into custody for calling the clergy-men priests ; although he could not but well know , it is a title they all own , and would fain be termed such ; and the clark must be carried to prison , and the books he had taken the poll in must by all means be taken from him , which was indeed thought to be the design of the quarrel , to get the books from him : then a worthy person which did only intimate his mislike of these things , by interposing himself , was abused . but these proceedings , though very prejudicial to the persons that bore them , yet were no advantage to their own party , for the worthy free-holders were the more incensed against them ; and if the wisdom of my lord gray , the sheriff and the collonel , had not been great , these proceedings might have caused great mischiefs ; but the countrey-men were so sensible of the brave courage and gallantry of my lord gray that no sooner was he , the collonel and mr. honeywood leaving the court to go to their lodgings at all times , but they all as one man , attended them with great shouts , crying , god bless my lord gray for standing for the countrey-men ; and then crying out , a mildmay , a honeywood : but when the other party went from the court , there was silence enough . thus the poll continued from tuesday about eleven a clock till about nine on the friday following : where in all that whole time the freeholders zeal was so great . that they never abated of their courage ▪ and like noble english men , worthy eternal honour , lay in town at their own cost and charges , and scorned to put their members to two pence charge ; but divers of them did help and assist one another , and with that willingness and chearfulness , that it is beyond expression , which other counties having so good an example , i hope will take pattern by , and scorn to be treated by the members they chuse , but will bear their own charges , and not discourage honest men , which would serve them , were it not for the excessive charges , as well as burden . these worthy freeholders would often say , that it was the high way to make men pensioners and knaves , to put them to charges to be chosen ; and so constant were these men in their resolutions of chusing those worthy gentlemen , that they would call out to the court oft times when they were so thronged , and almost stifled to death , that they would not be tired out notwithstanding the discouragements they met with sometimes from the court in preferring other persons that came in fresh to be polled before them . and they would often say , if we stay this month we will not be tired out , and other times cryed out most bitterly in the streets against the pensioners in the late long parliament , that had almost sold them for slaves : and at other times when they were told they would lose their corn on the ground if they stayed longer , they made this bold answer , that they would rather trust god with ●●eir corn , than trust the devil to chusetheir parliament-men . for that they did now clearly see that all was at stake , and that they had too long pinn'd their faith on other persons sleeves ; with a multitude of such other hearty expressions , too tedious here to be related . but on friday morning , about seven of the clock , no person almost appearing to poll against the collonel , and proclamation being made three times , that all persons should come in to poll , or else the poll would be shut up ; about eight of the clock all being polled that appeared , the poll was shut , and the court adjourned till one that day , till the books were cast up , which was done by that time , in presence of divers persons appointed by the sheriff to see the same fairly done ; but the duke , with sir thomas middleton , and sir eliab harvey withdrawing from the court after the poll was shut up , it was thought fit to send to them to be present at the casting up of the same ; but sir eliab harvey immediately left the town , and sir thomas middleton did not appear himself , but sent a person to inspect the poll ; but no sooner was the poll closed , but news was brought there were about came to the town on purpose to be polled for collonel mildmay and honeywood , and many hundreds more that day came in for that purpose . it was given out over night that the poll would be continued several daies longer , and so divers persons went home and returned as occasion offered ; but the poll being call up , was found to be one thousand five hundred ninety two for coll mildmay , for mr honeywood , six hundred sixty nine , for sir eliab harvey , for sir thomas middleton , among which were some persons that were convicted papists , and above of the tribe of levi some of which , to the dishonour of their profession behaved themselves , to say no worse of them , not like sober men , there being so much good liquor in the town , and the generosity of those they took part with , being too much abused by them : but notwithstanding the two knights men ; were nobly kept and entertained , and no manner of entertainment given by the other side ; yet the difference was so great , and would have been as much more , had the poll continued longer ; but the poll continued for the two knights to the last man. but the sheriff returning to the court at the time according to custom , proclaimed collonel mildmay , and mr. honeywood duely elected , and then indentures were sealed in court ; after which the lord gray calling to the freeholders in a very handsom speech to this effect delivered himself . gentlemen , your zeal you have shown for your liberties ; and the countries good at this election , and your gallant carriage and behaviour , is never enough sufficiently to be commended ; and that which more highly commends you , besides the pains you have taken in attending the hardships that have been put on you , is that you have born your own charges of this election your selves , and have not been chargeable to the gentlemen you have chosen , but have wisely considered ; that such as make it a trade to bear the counties charge , and feast them to be chosen , do fetch the same out of the country mens pockets another way , which tends to the ruin of your estates and liberties : and i hope this good president will be imitated by our neighbouring counties ; therefore i shall say no more to you at this time , but wish you still to continue your zeal and courage for the maintaining your liberties , and the protestant religion . at which the freeholders gave a great shout , crying out , god bless your honour , and all good english-men that will stand up for the peoples liberties ; and then the knights in two chairs were carried round the town , and brought to their lodgings with an innumerable company of people shouting and crying . a mildmay and honeywood ; which being done , my lord gray and the sheriff dined at the collonel's chamber , with some other of his friends , and the people attended on horse-back to wait on my lord gray and the collonel , and mr. honeywood out of town , which was done about five of the clock , with near five hundred horse ; but i must not forget to relate one passage which was committed by a person that was against the collonel , and one that call'd himself a gentleman , ) that while my lord gray and the rest were at dinner , a little before they were taking horse to go out of town , a poor country-man going along the streets , by the door where the opposites lodged , and crying out , a mildmay and honeywood , he seeing the country-man's zeal , knock'd him down , and broke the country-man's legg , and afterwards fled to the inn for shelter ; but the country-man's friends acquainted the lord gray and the collonel with the action , they immediately ordered the person that did the fact to be seized , which was done , and he committed to goal , and ordered the poor man to be carefully lookt after ; which ill action ought not to be laid to the charge of any but malicious persons ; and indeed so much of malice did appear by the words and actions of those that polled against the collonel , that a sober man would blush to hear ; and among the rest was given out , that no gentleman , or like a gentleman , would appear on the collonel's side , which was so notoriously false , that by the very . book wherein their names were entered , can testifie there were as many gentlemen of estates , and men of quality appeared for the collonel , as they had , and rather more , except clergy , my lord howard , my lord gray , with sir eliab harvey himself , and divers other lords and gentlemen , making up the numbers of freeholders on the collonel's side . this being the true account , though not drest up in terms of art , or varnished with a florid stile , is hoped will be acceptable to those honest freeholders ; and when other countries shall see the brave courage and wisdom of this county of essex , in the choice of two such worthy men , in spight of all opposition , that they will imitate their pattern , and no more suffer themselves to be feasted , and drunk out of their reason , which is the reason that ill men are too often representatives in parliament , which never designed by their entertainments given to the county , but to be doubly and trebly reimburst out of their electors pockets , which way doth inevitably indanger the loss and liberty of the whole nation in general . and now good country-men , do but consider nothing can so soon enslave you and your posterity , as the choice of ill members in parliament ; for to have your throats cut in the face of law , is a thousand times worse than the the force of arms ; and assure your selves , they are worse than the papists , or at least no better , that would go about to perswade you to submit to any thing short of your just rights and liberties . finis . an account of the proceedings of the corporation of bristol in execution of the act of parliament for the better employing and maintaining the poor of that city cary, john, d. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an account of the proceedings of the corporation of bristol in execution of the act of parliament for the better employing and maintaining the poor of that city cary, john, d. ? [ ], p. printed by f. collins ..., london : . reproduction of original in bodleian library. signed: john cary. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. poor -- england -- bristol. bristol (england) -- history. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an account of the proceedings of the corporation of bristol , in execution of the act of parliament for the better employing and maintaining the poor of that city . london : printed by f. collins in the old baily . . to the right honourable and honourable , the lords spiritual and temporal , and commons in parliament assembled . may it please your honours , i humbly make bold to lay before your honour 's an account of our proceedings in the city of bristol on the act of parliament for erecting hospitals and work-houses for the better employing and maintaining the poor of that city , which passed in the first sessions of the parliament begun at westminster the nd of november . whereby the power invested in the corporation commenced from the th of may . the first thing we did was to choose four guardians for each of our twelve wards , as the statute does direct , which , with the mayor and aldermen , amounted to sixty guardians , and made up our court. the court being thus constituted , at our first meeting we chose our officers appointed by the said act , viz. a governour , a deputy-governour , twelve assistants , a treasurer , a clerk , and a beadle . this being done , we ordered the guardians who dwelt in each parish , to bring in an account of all the poor in their respective parishes , their names , ages , sexes , and qualifications . also an account of the charges expended for maintaining them in each of the last three years , that so we might bring it to a medium . we also appointed certain standing rules for the better governing our debates , and ordered all things done in the court to be fairly enter'd in a journal . we likewise considered which would be most for the advantage of the corporation , to build work-houses , or to purchase such houses , which being already built , might be altered and made fit for our purpose . these things spent much time , and it was about the month of september before we could settle the medium of the poor's rates , in order to certifie to the mayor and alderman what sum was necessary to be raised on the city for the next year . but here we met with an unexpected remora , mr. samuel wallis was succeeded in his majoralty by mr. j. h. and this change made a great alteration in our affairs : for whereas the former had given us all the incouragement we could expect from him , and had done us the honour to be our first governour , the latter resolved to obstruct us all he could . and because the power of raising money was vested in him and the aldermen , he absolutely refused to put that power in execution . this , together with his other endeavours to brow-beat the corporation , kept us at a stand till october ( . ) only our court met , and discourst things , and we laboured to keep up the spirits of our friends , who began to sink under these discouragements , and to despair of success , the work seeming difficult enough in it self ; our undertaking being nothing less , then to put to work a great number of people , many of which had been habited to laziness and beggary ; to civilize such as had been bred up in all the vices that want of education could expose them to ; and to clothe , lodge , and feed them well , with the same sum of money which was distributed among them when they begg'd , lay in the streets , and went almost naked . yet all this would not have discouraged us , could we have prevailed on mr. mayor to have joyned with us . we often sought it , and he as often refused us , till his time being expired , his successor granted our request ; and then , having lost much time , we were forced to make large steps . the first we made was , a vote to take on us the care of all the poor of the city ; and as i remember , this vote passed in october or november . though we had then no money raised , nor could we expect any till after our lady-day . so that from the passing that vote to this time is about two years . the next step was to appoint a committee of twelve to hear the complaints of the poor , to relieve them , and set them at work ; six whereof were to go out every month , and to be succeeded by six more , to be chosen by ballating . we had formerly obtained from the mayor and common-council , in the majoralty of alderman wallis , the grant of a work-house , which then lay unoccupied , and the court had appointed a committee to place as many girls in it as it would conveniently contain , both as to lodging and working . this is that we called the new work-house . but all things having stood still so long , we resolved now to lose no more time ; yet we had no money , nor could we expect any in less than six months from the poor's rates ; therefore we re-resolved to make our several loans for twelve months without interest to the corporation on the credit of their common seal ; in which design many of the citizens lent their assistance , whereby we became soon masters of about six hundred pounds stock . likewise our guardians , who were appointed to pay the poor in their several parishes , voluntarily advanced their weekly payments , till they could be reimburst by the treasurer . the other stock we employed to furnish beds and other necessaries for our house , clothes and provisions for our children to be taken in , and materials for their working . we had now two committees ; one for the poor , the other for the new work-house . the committee for the poor met twice every week : and in this committee we proceeded thus ; first , we voted that the poor of the city should be visited in their respective parishes , and that new poor's rates should be made ; and accordingly we ordered the guardians of each parish to bring together the poor on a certain day in some convenient place , where the committee met , and without partiality endeavoured to provide for every one according to their wants . we likewise took notice of all the young girls that were on our poor's books , and of such whose parents took no due care of them ; and these we recommended to the committee of the new work-house , to be taken in , and employed by them . our poor's rates we made in this manner : every one that expected relief came before us with their whole families , except such as were impotent and could not come : in our books we put down the name of the man , the woman , and each child ; together with the qualifications of all , either as to age , health , civility , &c. what each person did or could get by the week , and in what employment . we likewise set down for what reason the charity was bestowed , that when that should cease , or we could find out any other way to provide for it , the charity should likewise cease . having thus seen the state of all our poor , and provided for them , the committee sat twice a week in the publick court , to hear and provide for all casual complaints ; which we did in this manner ; we ordered that the poor in their respective parishes , should first apply themselves to their guardian or guardians , who were to relieve them as they saw fit , till the next sitting of the committee , when they were to bring them up with their complaints , if they were able to come ; and this we did , lest the committee ( three whereof made a quorum ) should be deceived ; who could not be supposed to know the state of all the poor in the city , and by this weans we had the opinion of the guardian of each parish ; nor could he easily deceive us , because he brought the poor with him , and thereby the committee became judges of the matter laid before them . at these meetings care was taken of the various cases and exegencies which offered , and in all things there was a regard , as much as could be , to put people on living by their own labours . to such as were sick , we gave warrants to our physician to visit them ; such as wanted the assistance of our surgeons were directed to them , and all were relieved till they were able to work ; by which means the poor having been well attended , were set at work again , who by neglect might with their families have been chargeable to the corporation ; for some we provided clothes , for others work ; where we found people careful , but wanted a stock to employ themselves and their children , we either lent or gave it ; where they wanted houses , we either paid the rent , or became security for it ; where we found them opprest , we stood by them ; where differences arose , we endeavoured to compose them ; so that in a little time all the complaints of the poor came to this committee , ( which saved our magistrates a great deal of trouble ) and care was taken that none went away unheard . the committee at first sat twice a week , but now only once in a fortnight ; not that we grew slack in the care of our poor , but because their number being so much abated by those received into our several work-houses , the business does not require their meeting oftner . the other committee , ( viz. ) that for the new work-house , having furnished it in order to receive in the young girls , first began with such as were recommended to them by the committee for the poor ; and this method hath been generally observed ever since , both by that committee , and also by the committee since chosen for our other work-house ; not that either of them depends ou the other , but because the first application for relief is made to the committee for the poor . but before we took in the girls , we first considered of proper officers to govern them ; and these consisted of a master , whose business was to receive in work , and deliver it out again , and to keep the accounts of the house , &c. a mistress , whose business was to look after the kitchin and lodgings , to provide their meals at set times , and other things which related to the government of the house . tutresses to teach them to spin , under each of which we designed to put five and twenty girls . a school-mistress , to teach them to read. servants in the kitchin , and for washing , &c. but these we soon discharged , and caused our biggest girls to take their turns every week . we also appointed an old man to keep the door , and to carry forth and fetch in work , and such kind of services . being thus provided , we received in one hundred girls , and set them to work at spinning of worsted yarn ; all which we first caused to be stript by the mistress , washed , and new clothed from head to foot ; which , together with wholsome dyet at set hours , and good beds to lye on , so incouraged the children , that they willingly betook themselves to their work . we likewise provided for them apparel for sundays ; they went to church every lord's day ; were taught their catechisms at home , and had prayers twice every day ; we appointed them set hours for working , eating , and playing ; and gave them leave to walk on the hills with their tutresses , when their work was over , and the weather fair ; by which means we won them into civility , and a love to their labour . but we had a great deal of trouble with their parents , and those who formerly kept them , who having lost the sweetness of their pay , did all they could to set both the children and others against us ; but this was soon over . hitherto things answered above our expectations ; our children grew sober , and worked willingly , but we very much questioned , whether their labours at the rates we were paid , would answer the charge of their maintenance ; and if not , our great doubt was how we might advance it , without prejudicing the manufactures . to clear the first , we supposed ourselves in a fair way , having appointed their diets to be made up of such provisions as were very wholsome , afforded good nourishment , and were not costly in price , ( viz. ) beef , pease , potatoes , broath , pease-porridge , milk-porridge , bread and cheese , good bear , ( such as we drank at our own tables ) cabage , carrots , turnips , &c. in which we took the advice of our physician , and bought the best of every sort . they had three meals every day , and as i remember , it stood us ( with soap to wash ) in about sixteen pence per week for each of the one hundred girls . we soon found the effect of their change of living , nature being well supported , threw out a great deal of foulness , so that we had generally twenty down at a time , in the measels , small-pox , and other distempers ; but by the care of our physician , and the blessing of god on his endeavours , we never buried but two , though we have had seldom less than one hundred in the house at any time . having thus provided for their dyets , we next appointed their times of working ; which in the summer was ten hours and a half every day , and an hour less in the winter ; by which means we answered the two objections raised against the poor , ( viz. ) that they will not work , and that they spend what they get in fine feeding . but we soon found , that the great cause of begging did proceed from the low wages for labour ; for after about eight months time , our children could not get half so much as we expended in their provisions . the manufacturers , who employed us , were always complaining the yarn was spun course , but would not advance above eight pence per pound for spinning , and we must either take this , or have no work . on the other side , we were labouring to understand how we might distinguish , and put a value on our work , according to its fineness . this we did by the snap reel , which when we were masters of , the committee made an order , that the master should buy in a stock of wool , and spin it up for our own accounts , and then proceeded to set the price of spinning by the snap reel , wherein we endeavoured to discourage course work , and to encourage fine , because we saw the latter was likely to bring most profit , not only to the poor , but to the kingdom in general . we likewise ordered some things to be made of the several sorts of yarn , at the rates we had set them ; and on the whole , we found the commodities made of fine yarn , though they were much better than those made of course , yet stood us in little more ; because what the one exceeded in the charge of spinning , was very much made good in abatement of the quantity used . we therefore sent to the manufacturers , and shewed them what experiments we had made ; but finding them still unwilling to advance above the old rate , the committee voted that they would give employment to all the poor of the city , who would make application to them , at the rates we offered to work , and pay them ready money for their labour . we soon found we had taken the right course , for in a few weeks we had sale for our fine yarn as fast as we could make it , and they gave us from eight pence to two shillings per pound for spinning the same goods , for which a little before they paid but eight pence , and were very well pleased with it , because they were now able to distinguish between the fine and course yarn , and to apply each sort to the use for which it was most proper : since which they have given us two shillings and six pence per pound for a great many pounds , and we spin some worth three shillings and six pence per pound spinning . by this means we had the pleasure of seeing the children's labour advanced , which a little before i came up , amounted to near six pounds per week , and would have been much more , but that ●ur biggest girls we either settle forth , or put in the ktchin ; and those we receive in being generally small , are able to do ltitle for some time after . the encouragement we had received on this beginning , put us on proceeding further : the court resolved to purchase a great sugar-house , out of the money directed by the act to be raised for building of work-houses , and fit it up for receiving in the remainder of the poor , ( viz. ) ancient people , boys , and young children ; which was accordingly done , and a committee was appointed to mannage it . this we called the mint workhouse , because it had been lately hired by the lords of the treasury for that use . the committee began to take in the boys in august last ; these we clothed , dyeted , and governed , much after the same manner as we had done the girls , but put them on a different employment , ( viz. ) spinning of cotten wool , and weaving of fustians : we have now about one hundred of them together , who settle well to their work , and every day mend their hands ; they get us already six pounds per week ; they are likewise taught to read , and we shall hereafter teach them to write . we next took in our ancient people ; and here we had principally a regard to such as were impotent , and had no friends to help them , and to such as we could not keep from the lazy trade of begging ; these we clothed as we saw they needed , and put on such employments as were fit for their ages and strengths , having our eyes chiefly on those to which they were bred ; we found it difficult at first to bend them down to good orders , but by degrees we have brought them under government . then we called in all the children that were on our poor's books , and put them under nurses ; those who can speak and go are carried down into the school to learn their a , b , c , &c. as they grow up , we shall put them into the working rooms . the boys are kept at a distance from the ancient people , who do also lodge in distinct apartments , the men in several chambers on one floor , and the women on another ; all do something , though perhaps some of their labours comes to little , yet it keeps them from idleness ; both the old and young attend prayers twice a day , ( except the bedridden , for whom other care is taken ) and go to church twice on sundays . we have now three standingcommittees , ( viz. ) for the poor , for the new work-house , and for the mint work-house : the first gives all directions , and makes all allowances , for the poor , without whose order no guardian can act any thing considerable , except in cases of absolute necessity , which at the next meeting of the committee he must give an account of , and desire their approbation . the other two committees have power to act in the affairs of that work-house for which they are chosen : they receive in both old and young ; they bind forth apprentices , correct , order the dyet as they please , oversee the working , sell the manufactures when made , order the payment of all moneys , which cannot be done unless the note be sign'd by the chair-man ; and generally direct every thing relating to those houses . the accounts are made up thus : the treasurers account is audited every year by a committee chosen for that purpose ; at which time he is succeeded by another treasurer , chosen by the court : the accounts of the guardians who pay the poor in their several parishes are audited every three months , by a select committee chosen likewise by the court , and are then paid by the treasurer : the accounts for each workhouse are audited by the respective committee every month , when the master adjusts , not only his account of cash , but also of each particular specie of goods he hath under his care , the ballance whereof is still carried forward to the next , which when allowed of is signed by the chair-man : and the account for each house is so stated , that it shews at one sight , what the house is indebted ; what debts are outstanding , and from whom ; what goods remain in the house , and the quantity of each specie . at the making up these accounts nothing ( unless very trivial ) is allowed , for which an order is not produced , or found entered in our books , so that 't is very difficult to wrong the corporation of any thing , if any guardians should endeavour it . these committees keep their journal books , wherein all they do is fairly transcribed , and signed by the chair-man . this is what at present occurs to my memory touching our work-houses at bristol ; i have been as brief as the nature of the thing would admit : the success hath answered our expectation ; we are freed from beggars , our old people are comfortably provided for ; our boys and girls are educated to sobriety , and brought up to delight in labour ; our young children are well lookt after , and not spoiled by the neglect of ill nurses ; and the face of our city is so changed already , that we have great reason to hope these young plants will produce a vertuous and laborious generation , with whom immorality and prophaneness may find little incouragement ; not does our hopes appear to be groundless , for among three hundred persons now under our charge within doors , there is neither cursing nor swearing , nor prophane language , to be heard , though many of them , were bred up in all manner of vices , which neither bridewell nor whippings could fright them from , because , returning to their bad company for want of employment , they were rather made worse then bettered by those corrections ; wherers the change we have wrought on them is by fair means . we have a bridewel , stocks and whipping-post , always in their sights , but never had occasion to make use of either . what is done in that city i humbly hope may be carried on by the same steps throughout the kingdom , if the bill for that purpose now depending in parliament , doth obtain the sanction to be past into an act. the poor may be set at work , their wages advanced without danger to our manufactures , and they thereby enabled to live on their own labours , whereby the charge of the poor's rates may be saved , and a great many worthy benefactors encouraged to give , when they shall see their charity so well disposed of . this i have great reason to hope , because we have had near one thousand pounds freely given to us within the compass of one year , and much thereof by gentlemen who dwelt at a distance from us , only were willing to encourage a work they saw likely to be carried on , which might be of good example to the nation . i am , with all dutiful respect , right honourable and honourable , your honours most obedient servant john cary . his majesties gracious message to both houses of parliament: feb. . forasmuch, as his majesty hath (together with a treaty) proposed a cessation of arms to both his houses of parliament now . dayes since, ... england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties gracious message to both houses of parliament: feb. . forasmuch, as his majesty hath (together with a treaty) proposed a cessation of arms to both his houses of parliament now . dayes since, ... england and wales. sovereign ( - : charles i) sheet ([ ] p.) s.n., [oxford : ] imprint from wing. the king has proposed a treaty without result. parliament, to avoid error is to name the day for the cessation to begin and the limits of it, .. -- steele. with engraving of royal seal, between ornamental borders and "c.r.", at head of document. also includes: a letter sent from the earl of manchester to the lord of faulkland, about the assizes: with the lord of faulklands answer, &c. annotation on thomason copy: "march. .". title from caption and opening lines of text. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no his majesties gracious message to both houses of parliament: feb. . forasmuch, as his majesty hath (together with a treaty) proposed a ces england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties gracious message to both houses of parliament : feb. . forasmuch , as his majesty hath ( together with a treaty ) proposed a cessation of arms to both his houses of parliament now . dayes since , to which as yet he hath received no answer : to the end that his majesty may cleerly understand the houses , that no such imputations ( as have been formerly ) may after be laid upon him upon occasion of any thing that may intervene : his maiesty desires if a cessation shall be approved of by them , that the day upon which the cessation is thought fit to begin , and such particular limits and conditions of that cessation as are necessary to be agreed on before the cessation it self can actually begin , be proposed by them at the same time with their approbation of it , since as his maiesty supposeth by the present great preparation of severall forces of the earle of essex to march severall wayes , that till such time as this be done , they doe not conceive themselves obliged to an actuall cessation ; so neither till then doth his maiesty conceive himselfe obliged to it . a letter sent from the earl of manchester to the lord of faulkland , about the assizes : with the lord of faulklands answer , &c. his majesty hath weighed the advice and desire of the lords and commons sent in a letter to the lord of faulkland , from the earl of manchester , concerning the putting off the general assizes and goal-delivery throughout the kingdom : to which his majestie returnes this answer . that the present bloody distractions of the kingdom ( which his majestie hath used all possible meanes to prevent , and will still to remove ) do afflict his majestie under no consideration more , then of the great interruption and stop it makes in the course and proceedings of iustice , and the execution of the lawes : whereby his good subjects are robbed of the peace and security they were born to ; and therefore as much as in him lyes , he will advance that onely means of their hapinesse ; at least , they shall see that their sufferings that way , proceed not from his majestie : and since they may expect now by the lawes , statutes , and customes of the kingdom , the assizes and generall goale delivery in every county , his majestie thinks not fit to command the contrary , but will take severe and precise order , that none of his good subjects shall receive the least prejudice as they repair thither , by any of his majesties forces ; which rule he shall be glad to be observed by others : and then he hopes by the due execution of the lawes , even these publike calamities may have some abatement , and the kingdom recover its former peace and prosperitie . god save the king . the design of enslaving england discovered in the incroachments upon the powers and privileges of parliament by k. charles ii being a new corrected impression of that excellent piece intituled, a just and modest vindication of the proceedings of the two last parliaments of king charles the second. jones, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the design of enslaving england discovered in the incroachments upon the powers and privileges of parliament by k. charles ii being a new corrected impression of that excellent piece intituled, a just and modest vindication of the proceedings of the two last parliaments of king charles the second. jones, william, sir, - . ferguson, robert, d. . [ ], p. printed for richard baldwin ..., london : . reproduction of original in union theological seminary library, new york. attributed to william jones. cf. nuc pre- . has also been attributed to robert ferguson. cf. wing and dnb. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . england and wales. -- parliament. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john cords sampled and proofread - john cords text and markup reviewed and edited - pfs batch review (qc) and xml conversion the design of enslaving england discovered , licensed and entred according to order . the design of enslaving england discovered in the incroachments upon the powers and privileges of parliament , by k. charles ii. being a new corrected impression of that excellent piece , intituled , a just and modest vindication of the proceedings of the two last parliaments of king charles the second . london ; printed for richard baldwin near the black bull in the old-baily . mdclxxxix . a just and modest vindication of the proceedings of the two last parliaments of k. charles the second . the amazement which seiz'd every good man upon the unlook'd-for dissolution of two parliaments , within three months , was not greater than at the sight of a declaration pretending to justify , and give reasons for such extraordinary proceedings . it is not to be denied , but that our kings have in a great measure been intrusted by the kingdom with the appointment of the times of parliaments sitting , and declaring their dissolutions . but lest through defect of age , experience , or understanding , they should at any time forget , or mistake our constitution ; or by passion , private interest , or the influence of ill counsellors , be so far misled as not to assemble parliaments when the publick affairs require it ; or to declare them dissolved , before the ends of their meeting were accomplished : the wisdom of our ancestors has provided , by divers statutes , both for the holding parliaments annually , and oftner if need be ; and that they should not be prorogued or dissolved till all the petitions and bills before them were answered and redressed . the constitution had been equally imperfect and destructive of it self , had it been left to the will and choice of the prince whether he would ever summon a parliament , or put into his power to dismiss them arbitrarily at his pleasure . that parliaments should be called , and sit , according to the laws , is secured to us by the same sacred tie , by which the king at his coronation obliges himself , to let his judges sit to distribute justice every term , and to preserve inviolably all other rights and liberties of his subjects . therefore abruptly to dissolve parliaments at such a time , when nothing but the legislative power , and the united wisdom of the kingdom could relieve us from our just fears , or secure us from our certain dangers , is very unsuitable to the great trust reposed in the prince , and seems to express but little of tha tffection which we will always hope his majesty bears towards his people and the protestant religion . but 't is not only of the disolution it self that we complain ; the manner of doing it , is unwarranted by the precedents of former times , and full of dangerous consequents . we are taught by the writ of summons , that parliaments are never called without the advice of the council ; and the usage of all ages has been never to send them away without the same advice . to forsake this safe method , is to expose the king personally to the reflections and censures of the whole nation for so ungrateful an action . our laws have taken care to make the king always dear to his people , and to preserve his person sacred in their esteem , by wisely preventing him from appearing as author of any thing which may be unacceptable to them . 't is therefore that he doth not execute any considerable act of regal power , till it be first debated and resolved in council , because then 't is the counsellors must answer for the advice they give , and are punishable for such orders as are irregular and illegal . nor can his ministers justify any unlawful action under the colour of the king's commands , since all his commands that are contrary to law , are void ; ( which is the true reason of that well-known maxim , that the king can do no wrong ) . a maxim just in it self , and alike safe for the prince , and for the subject , there being nothing more absurd , than that a favourite should excuse his enormous actings by a pretended command , which we may reasonably suppose he first procured to be laid upon himself : but we know not whom to charge with advising this last dissolution : it was a work of darkness ; and if we are not misinform'd , the privy council was as much surpriz'd at it as the nation . nor will a future parliament be able to charge any body , as the author or adviser of the late printed paper , which bears the title of his majesty's declaration , though every good subject ought to be careful how he calls it so . for his majesty never speaks to his people as a king , but either personally in his parliament , or at other times under his seal , for which the chancellor , or other officers are responsible , if what passes them be not warranted by law. nor can the direction of the privy council , enforce any thing upon the people , unless that royal and legal stamp gives it an authority . but this declaration comes abroad without any such sanction , and there is no other ground to ascribe it to his majesty , than the uncertain credit of the printer , whom we will easily suspect of an imposture , rather than think the king would deviate from the approved course of his illustrious ancestors , to pursue a new and unsuccesful method . the first declaration of this sort which i ever met with , being that which was published in the year ; which was so far from answering the ends of its coming out , that it filled the whole kingdom with jealousies , and was one of the first sad causes of the ensuing unhappy war. the truth is , declarations to justify what princes do , must always be either needless or ineffectual . their actions ought to be such as may recommend themselves to the world , and carry their own evidence along with them of their usefulness to the publick ; and then no arts to justify them will be necessary . when a prince descends so low as to give his subjects reasons for what he has done , he not only makes them judges whether there be any weight in those reasons , but by so unusual a submission gives cause to suspect , that he is conscious to himself that his actions want an apology . and if they are indeed unjustifiable , if they are opposite to the inclinations , and apparently destructive of the interest of his subjects , it will be very difficult for the most eloquent or insinuating declaration , to make them in love with such things . and therefore they did certainly undertake no easy task in pretending to perswade men who see themselves exposed to the restless malice of their enemies , who observe the languishing condition of the nation , and that nothing but a parliament can provide remedies for the great evils which they feel and fear ; that two several parliaments , upon whom they had placed all their hopes , were so suddenly broken , out of kindness to them , or with any regared to their advantage . it was generally believed , that this age would not have seen another declaration , since * coleman's was so unluckily published before its time : not only because thereby the world was taught how little they ought to rely upon the sincerity of such kind of writings ; but because that was a master-piece which could hardly be equall'd , and our present ministers may well be out of countenance , to see their copy fall so very much short of the original . but should this declaration be suffered to go abroad any longer , under the royal name , yet it will never be thought to have proceeded from his majesties inclination , or his judgment , but to be gained from him by the artifices of the same ill men , who not being content to have prevailed with him to dissolve two parliaments , only to protect them from publick justice , do now hope to excuse themselves from being thought the authors of that counsel , by making him openly to avow it . but they have discovered themselves to the kingdom , and have told their own names , when they number amongst the great crimes of the house of commons , their having declared divers eminent persons to be enemies to the king and kingdom . 't is our happiness that the cunning of these eminent persons is not equal to their malice , in that they should thus unwarily make themselves known when they had so secretly , and with so much caution , given the pernicious advice . none could be offended at the proceedings of the parliaments , but they who were obnoxious ; none could be concerned to vindicate the dissolution , but they who had advised it . but they have performed this last undertaking after such a sort , that they have left themselves not only without justification , but without all pretence hereafter . the people were willing to think it the unfortunate effect of some suddain and precipitate resolution ; but since they have now publickly assured us , that it was the result of counsel and deliberation , they cannot blame us for hoping one day to see justice done upon such counsellors . but though to the dishonour of our country it does appear , that some english-men were concerned in the unhappy advice of breaking the two last parliaments , and setting up this pretended defence of it ; yet the galliscims which are found in the paper , shew the writer to have been of another nation , or at least to have had his thoughts so much taken up for the interests of france ( whilst he was labouring this way to heighten and perpetuate the differences between the king and his people ) that he could not express himself in any other idiom than theirs , he would not otherwise have introduced the king , saying , that it was a matter extreamly sensible to vs ; a form of speech peculiar to the french , and unknown to any other nation . the reader ( who understands that language ) will observe so many more of this kind , as will give him just cause to doubt , whether the whole paper was not a translation , and whether the english one , or that which was published in french , was the original ? let us then no longer wonder , that the time of dissolving our parliaments , is known at paris sooner than at london , since 't is probable , the reasons now given for it , were formed there too . the peers at oxford were so totally ignorant of the council , that they never once thought of a dissolution till they heard it pronounced ; but the dutchess of mazarine had better intelligence , and published the news at st. james's many hours before it was done . the declaration was not communicated to the privy council , till friday the th . of april , when his majesty ( according to the late method ) did graciously declare to them his pleasure , to set it forth , without desiring from them any advice in the matter ; but monsieur barillon , the french ambassador , did not only read it to a gentleman the fifth of april , but advised with him about it , and demanded his opinion of it , which his excellency will the better remember , because of the great liberty which the person took in ridiculing it to his face . good god! to what a condition is this kingdom reduced , when the ministers and agents of the only prince in the world , who can have designs against , or of whom we ought to be afraid , are not only made acquainted with the most secret passages of state , but are made our chief ministers too , and have the principal conduct of our affairs . and let the world judg if the commons had not reason for their vote , when they declared those eminent persons , who manage things at this rate , to be the enemies to the king and kingdom , and promoters of the french interest . whosoever considers the actions of our great men , will not think it strange that they should be hard put to it to find out reasons which they might give for any of them , and they have had very ill luck whenever they went about it . that reason which they had given for dissolving three several parliaments successively , is now grown ridiculous , that the king was resolved to meet his people , and to have their advice in frequent parliaments , since every man took notice , that as soon as the ministers began to suspect that his majesty was inclined to hearken to , and pursue their advice ; those very parliaments were presently dissolved . this was all the ground and cause , which was thought of for breaking the last parliament at westminster , when the proclamation of the th of january , , was published ; but they have now considerred better , and have found out faults enough to swell into a declaration ; and yet as much offended as they are with this parliament , they seem more highly angry with that which followed at oxford . nor is it at all strange that it should fall out so : for the court never did yet dissolve a parliament abruptly , and in a heat , but they found the next parliament more averse , and to insist upon the same things with greater eagerness than the former . english spirits resent no affronts so highly as those which are done to their representatives ; and the court will be sure to find the effects of that resentment in the next election . a parliament does ever participate of the present temper of the people . never were parliaments of more different complexions than that of , and that of . yet they both exactly answered the humours which were predominant in the nation , when they were respectively chosen . and therefore while the people do so universally hate and fear france and popery , and do so well understand who they are who promote the french and popish interests , the favourites do but cozen themselves to think that they will ever send up representatives less zealous to bring them to justice , than those against whom this declaration is published . for surely this declaration ( what great things soever may be expected from it ) will make but very few converts , not only because it represents things as high crimes , which the whole kingdom has been celebrating as meritorious actions , but because the people have been so often deceived by former declarations , that whatsoever carries that name , will have no credit with them for the future . they have not yet forgetten the declaration from breda , though others forgot it so soon , and do not spare to say , that if the same diligence , the same earnest solicitation , had been made use of in that affair , which have been since exercised directly contrary to the design of it , there is no doubt but every part of it would have had the desired success , and all his majesty's subjects would have enjoyned the fruits of it , and have now been extolling a prince so careful to keep sacred his promises to the people . if we did take notice of the several declarations , published since that which we have last mentioned , we shall find they signifie as little ; and therefore we will only remember the last , made the th of april , and declared in council and in parliament , and after published to the whole nation : wherein his majesty owns that he is sensible of the ill posture of his affairs , and the great jealousies and dissatisfaction of his good subjects , whereby the crown and government was become too weak to preserve it self , which proceeded from his use of a single ministry , and of private advices ; and therefore professes his resolution , to lay them wholly aside for the future , and to be advised by those able and worthy persons , whom he had then chosen for his council , in all his weighty and important affairs . but every man must acknowledg that either his majesty has utterly forgotten this publick and solemn promise , or else that nothing weighty and important has happen'd from that time to this very day . as for the declaration read in our churches the other day , there needs no other argument to make us doubt of the reality of the promises which it makes , then to consider how partially , and with how little sincerity the things which it pretends to relate , are therein represented . it begins with telling us in his majesty's name , that it was with exceeding great trouble that he was brought to dissolve the two last parliaments , without more benefit to the people by the calling of them . we should question his majesty's wisdom , did we not believe him to have understood , that never parliaments had greater opportunities of doing good to himself and to his people . he could not but be sensible of the dangers , and of the necessities of his kingdom ; and therefore could not without exceeding great trouble , be prevailed upon for the sake of a few desperate men ( whom he thought himself concern'd to love now , only because he had loved them too well , and trusted them too much before ; ) not only to disappoint the hopes and expectations of his own people , but of almost europe . his majesty did indeed do his part , so far , in giving opportunities of providing for our good , as the calling of parliaments does amount to , and it is to be imputed to the ministers only , that the success of them did not answer his and our expectations . 't is certain it cannot be imputed to any of the proceedings of either of those parliament ; which were composed of men of as good sence and quality as any in the nation , and proceeded with as great moderation and managed their debates with as much temper as was ever known in any parliament . if they seem'd to go too far in any thing , his majesty's speeches or declarations had misled them , by some of which they had been invited to enter into every one of those debates , to which so much exception has been since taken . did he not frequently recommend the prosecution of the plot to them , with a strict and impartial inquiry ? did he not tell them , that he neither thought himself nor them safe , till that matter was gone through with ? did he not in his speech of the th of april , assure them , that it was his constant care to secure our religion for the future in all events , and that in all things which cencern'd the publick security , he would not follow their zeal but lead it ? has he not often wish'd , that he might be able to exercise a power of dispensation in reference to those protestants , who through tenderness of misguided conscience did not conform to the ceremonies , discipline and government of the church ? and promised that he would make it his special care to incline the wisdom of the parliament to concur with him , in making an act to that purpose ? and lest the malice of ill men might object , that these gracious inclinations of his continued no longer , than while there was a possibility of giving the papists equal benefit of a toleration ; has not his majesty , since the discovery of the plot , since there was no hopes of getting so much as a convenience for them , in his speech of the th of march , exprest his zeal not only for the protestant religion in general , but for an vnion amongst all sorts of protestants ? and did he not command my lord chancellor at the same time to tell them , that it was necessary to distinguish between popish and other recusants , between them that would destroy the whole flock , and them that only wander from it ? these things considered , we should not think the parliament went too far , but rather that they did not follow his majesty's zeal with an equal pace . the truth is , if we observe the daily provocations of the popish faction , whose rage and insolence were only increased by the discovery of the plot ; so that they seemed to defy parliaments , as well as inferior courts of justice , under the protection of the duke , ( their publickly avowed head ) ; who still carried on their designs by new and more detestable methods than ever , and were continually busy , by perjuries and subornations , to charge the best and most considerable protestants in the kingdom with treasons , as black as those of which themselves were guilty . if we observe what vile arts were used to hinder the further discovery , what liberty was given to reproach the discoverers , what means used to destroy or to corrupt them ; how the very criminals were encouraged and allowed to be good witnesses against their accusers : we should easily excuse any english parliament thus beset , if they had been carried to some little excesses . but yet all this could not provoke them to do any thing not justifiable by the laws of parliament , or unbecoming the wisdom and gravity of an english senate . but we are told , that his majesty opened the last parliament , which was held at westminster , with as gracious expressions of his readiness to satisfy the desires of his subjects , and to secure them against all their just fears , as the weighty consideration , either of preserving the established religion and property of his subjects at home , or of supporting his neighbours and allies abroad , could fill his heart with . we must own that his majesty has opened all his parliaments at westminster , with very gracious expressions : nor have wanted that evidence of his readiness to satisfy the desires of his subjects ; but that sort of evidence will soon lose its force , if it be never followed by actions correspondent , by which only the world can judg of the sincerity of expressions or intentions . and therefore the favourites did little consult his majesty's honour , when they bring him in solemnly declaring to his subjects , that his intentions were as far as would have consisted with the very being of the government , to have complied with any thing that could have been proposed to him to accomplish those ends ; when they are not able to produce an instance wherein they suffered him to comply in any one thing . whatsoever the house of commons address'd for , was certainly denied , though it was only for that reason ; and there was no surer way of intituling ones self to the favour of the court , than to receive a censure from the representative body of the people . let it for the present be admitted , that some of the things desired by that parliament were exorbitant , and ( because we will put the objection as strong as is possible ) inconsistent with the very being of the government ; yet at least , some of their petitions were more reasonable . the government might have subsisted , tho the gentlemen , put out of the commission of the peace , for their zealous acting against the papists , had been restor'd ; nor would a final dissolution of all things have ensued , tho sir george jefferies had been removed out of publick office , or my lord hallifax himself from his majesty's presence and councils . had the statute of the eliz. ( which had justly slept for eighty years , and of late , unseasonably revived ) been repealed , surely the government might still have been safe . and tho the fanaticks perhaps had not deserved so well as that in favour to them , his majesty should have passed that bill ; yet since the repeal might hereafter be of so great use to those of the church of england , in case of a popish successor , ( which blessing his majesty seems resolved to bequeath to his people ) ; one would have thought he might have complied with the parliament in that proposal . at least , we should have had less reason to complain of the refusal , if the king would have been but graciously pleased to have done it in the ordinary way . but the ministers thought they had not sufficiently triumphed over the parliament , by getting the bill rejected , unless it were done in such a manner as that the president might be more pernicious to posterity , by introducing a new negative in the making of laws , than the losing of any bill , how useful soever , could be to the present age. this we may affirm , that if the success of this parliament did not answer expectation , whoever was guilty of it , the house of commons did not fail of doing their part. never did men husband their time to more advantage . they opened the eyes of the nation ; they shewed them their danger , with a freedom becoming englishmen . they asserted the peoples right of petitioning : they proceeded vigorously against the conspirators discovered , and heartily endeavoured to take away the very root of the conspiracy : they had before them as many great and useful bills as had been seen in any parliament , and it is not to be laid at their doors that they proved abortive . this age will never fail to give them their grateful acknowledgments , and posterity will remember that house of commons with honour . we come now to the particular enumeration of those gracious things which were said to the parliament at westminster . his majesty ask'd of them the supporting the alliances he had made for the preservation of the general peace in christendom . 't is to be wish'd his majesty had added to this gracious asking of mony , a gracious communication of those alliances , and that such blind obedience had not been exacted from them , as to contribute to the support of they knew not what themselves ; nor before they had considered whether those alliances which were made , were truly design'd for that end which was pretended , or any way likely to prove effectual to it . since no precedent can be shewn , that ever a parliament ( not even the late long parliament , though filled with danby's pensioners ) did give mony for maintaining any leagues , till they were first made acquainted with the particulars of them . but besides this , the parliament had reason to consider well of the general peace it self , and the influence it might have , and had upon our affairs , before they came to any resolution , or so much as to a debate about preserving it ; since so wise a minister as my lord chancellor had so lately told us , that it was fitter for meditation than discourse . he informed us in the same speech , that the peace then was but the effect of despair in the confederates ; and we have since learn'd by whose means they were reduced to that despair ; and what price was demanded of the french king for so great a service . and we cannot but be sadly sensible how by this peace , that monarch has not only quite dissolv'd the confederacy form'd against him , enlarged his dominions , gain'd time to refresh his souldiers harassed with long service , settled and composed his subjects at home , increased his fleet , and replenished his exchequer for new and greater designs ; but his pensioners at our court have grown insolent upon it , and presuming that now he may be at leisure to assist them in ruining england , and the protestant religion together , have shaken off all dread of parliaments , and have prevail'd with his majesty to use them with as little respect , and to disperse them with as great contempt , as if they had been a conventicle , and not the great representative of the nation , whose power and wisdom only could save him and us , in our present exigencies . but whatever the design of them was , or the effect of them is like to be , yet alliances have a very good sound , and a nation so encompassed with enemies abroad , and traitors and pensioners to those enemies at home , must needs be glad to hear of any new friends . but alas , if we look into the speech made at the opening of that parliament , we shall find no mention of any new ally except the spaniard , whose affairs at that time , through the defects of his own government , and the treachery of our ministers , were reduced to so desperate a state , that he might well be a burden to us ; but there was little to be hoped from a friendship with him , unless by the name of a league , to recommend our ministers to a new parliament , and cozen country gentlemen out of their money . but upon perusal of that league , it appears by the third , fourth and fifth articles , that it was like to create us trouble enough ; for it engages us indefinitely to enter into all the quarrels of the spaniards , though they happened in the west indies , or the philipine islands , or were drawn upon himself by his own injustice or causeless provocations . by this we shall be obliged to espouse his difference with the duke of brandeuburgh , though all that duke did , was according to the law of nations , to reprize spanish ships for a just debt frequently demanded in vain . by this we shall be obliged to engage in his present war with the portuguese , though he by his violent seizing of the island of st. gabriel , which had long been in their peaceable possession , without once demanding it of them , has most justly provoked the portuguese to invade spain . nor are we bound only to assist him in case of an invasion ; but in case of any disturbance whatsoever , which must be intended of intestine troubles , ( and it is so directly explained in the secret article , which all europe says was signed at the same time . ) so that if the present king of spain should imitate his great grandfather , philip the second , and oppress any of his subjects , as cruelly as he did those of the low countries , and so force them to a necessary self-defence , we have renounced the policy of our ancestors , who thought it their interest as well as their duty to succor the distressed , and must not only aid him with men for three months , to make those people slaves , but if the matter cannot be composed in that time , make war upon them , with our whole force both by land and sea. but that which concerns us yet nearer in this league , is , that this obligation of assistance was mutual , so that if a disturbance should happen hereafter in england , upon any attempt to change our religion or our government , though it was in the time of his majesties successors , the most catholick king is obliged by this league , ( which we are still to believe was entred into , for the security of the protestant religion , and the good of the nation ) to give aid to so pious a design , and to make war upon the people with all his forces both by land and sea. and therefore it was no wonder that the ministers were not forward in shewing this league to the parliament , who would soon have observed all these inconveniences , and have seen how little such a league could contribute to the preserving the general peace , or to the securing of flanders , since the french king may within one months time possess himself of it , and we by the league are not obliged to send our succors till three months after the invasion . so that they would upon the whole matter , have been inclined to suspect , that the main end of this league was only to serve for a handsom pretence to raise an army in england , and if the people here should grow discontented at it , and any little disorders should ensue , the spaniard is thereby obliged to send over forces to suppress them . the next thing recommended to them , was the farther examination of the plot , and every one who has observed what has passed for more than two years together , cannot doubt that this was sincerely desired by such as are most in credit with his majesty ; and then surely the parliament deserved not to be censured upon this account , since the examination of so many new witnesses , the tryal of the lord stafford , the great preparations for the tryals of the rest of the lords , and their diligent enquiry into the horrid irish treasons , shew that the parliament wanted no diligence to pursue his majesties good intentions in that affair . and when his majesty desired from the parliament their advice and assistance concerning the preservation of tangier ; the commons did not neglect to give it its due consideration . they truly represented to him how that important place came to be brought into such exigencies , after so vast a treasure expended to make it useful ; and that nothing better could be expected of a town , for the most part put under popish governors , and always fill'd with a popish garison . these were evils in his majesty's own power to redress , and they advised him to it ; nor did they rest there , but promise to assist him in defence of it , as soon as ever they could be reasonably secured , that any supply which they gave for that purpose , should not be used to augment the strength of our popish adversaries , and to encrease our dangers at home . they had more than once seen mony employed directly contrary to the end for which it was given by parliament , and they had too great cause of fear it might be so again ; and they knew that such a misimployment would have been fatal at that time. but above all , they considered the imminent danger which threatned them with certain ruin at home , and therefore justly thought that to leave the consideration of england to provide for tangier , would be to act like a man that should send his servants to mend a gap in his hedg when he saw his house on fire , and his family like to be consumed in it . we are next told , that his majesty offered to concur in any remedies that could be proposed for the security of the protestant religion ; and we must own that he did indeed make such an offer ; but he was pleased to go no farther , for those remedies which the commons tendered were rejected , and those which they were preparing , were prevented by a dissolution . we have seen the great things which the king did on his part ; let us now reflect on those instances which are singled out as so many unsuitable returns of the commons . they are complained of for presenting addresses in the nature of remonstrances rather than answers . under what unhappy circumstances do we find our selves , when our representatives can never behave themselves with that caution , but they will be mis-interpreted at court ? if the commons had return'd answer to his majesty's messages , without shewing upon what grounds they proceeded , they had then been accused as men acting peremptorily , and without reason ; if they modestly express the reasons of their resolutions , they are then said to remonstrate . but what the ministers would have this word remonstrance signify , what crime it is they mean thereby , to charge the commons with , is unknown to an english reader . perhaps they who are better criticks , and more french men , know some pernicious thing which it imports . if they mean by a remonstrance , a declaring the causes and reasons of what they do , it will not surely be imputed as a fault in them , since 't is a way of proceeding which his majesties ministers have justified by their own example , having in his majesties name vouchsafed to declare the causes and reasons of his actions to his people . but the commons made arbitrary orders for taking persons into custody , for matters that had no relation to priviledges of parliament . the contrivers of this declaration , who are so particular in other things , would have done well to have given some instances of these orders . if they intend by these general words , to reflect on the orders made to take those degenerate wretches into custody , who published under their hands their abhorrence of parliaments , and of those who in an humble and lawful manner petitioned for their sitting , in a time of such extream necessity . surely they are not in good earnest , they cannot believe themselves , when they say , that these matters had no relation to priviledges of parliament . if the priviledge of parliament be concern'd when an injury is done to any particular member , how much more is it touched when men strike at parliaments themselves , and endeavour to wound the very constitution ? if this be said with relation to sheridon , who has since troubled the world with so many idle impudent pamphlets upon that account , 't is plain that his commitment was only in order to examine him about the popish plot , and his endeavors to stifle it , ( though his contemptuous behaviour to the house , deserved a much longer confinement ) and 't was insolence in him to arraign their justice , because they did not instantly leave all their great debates to dispatch the business relating to him . thompson of bristol , was guilty of divers great breaches of priviledge ; but yet his commitment was only in order to an impeachment ; and as soon as they had gone through with his examination , they ordered him to be set at liberty , giving security to answer the impeachment which they had voted against him . but is it a thing so strange and new to the authors of the declaration , that the house of commons should order men to be taken into custody for matters not relating to priviledg ? have they not heard , that in the edw. . cricketost was committed for confedertaing in an escape ; that jac. sir francis mitchel was comitted for misdemeanors , in procuring a patent for the forfeitures of recognizances , together with fowles gerrard , and divers others , ( none of which were members of parliament ) that jac. dr. harris was taken into custody for misbehaving himself in preaching ; and that car. burgesse was committed for faults in catechizing , and levet for presuming to exercise a patent , which had been adjudged a grievance by a committee of the commons in a former parliament . there would be no end of giving instances of those commitments , which may be observed in almost every parliament , so that the house of commons did but tread in the steps of their predecessors , and these sorts of orders were not new , though the declaration takes the liberty to call them arbitrary . the commons had betrayed their trust , if they had not asserted the right of petitioning , which had been just before shaken by such a strange illegal and arbitrary proclamation . but now we come to the transcendent monstrous crimes , which can never be forgiven by the ministers , the giving them their due character , which every man of understanding had fix'd upon them long before : the whole current of their counsels being a full proof of the truth of the charge . but what colour is there for calling these votes illegal ? is it illegal for the commons to impeach persons , whom they have good reason to judg enemies to the king and kingdom ? is it illegal to determin by a vote ( which is the only way of finding the sence of the house ) who are wicked counsellors , and deserve to be impeach'd ? could the commons have called the parties accused to make their answer before themselves ? had they not a proper time for their defence when they came to their tryals ? and might they not have cleared their innocence much better , if they durst have put that in issue ) by a tryal , than a dissolution of the parliament ? but should we grant that these votes were not made in order to an impeachment , yet still there is nothing illegal , nothing extraordinary in them . for the commons in parliament , have ever used two ways in delivering their country from pernicious and powerful favorites , the one is in a parliamentary course of justice by impeaching them , which is used when they judg it needful to make them publick examples , by capital , or other high punishments , for the terror of others : the other is by immediate address to the king to remove them as unfaithful or unprofitable servants . their lives their liberties or estates are never endangered , but when they are proceeded against in the former of these ways . then legal evidence of their guilt is necessary , then there must be a proper time allowed for their defence . in the other way the parliament act as the kings great council , and when either house observe that affairs are ill administred , that the advice of parliaments is rejected or slighted , the course of justice perverted , our councels betray'd , grievances multiplyed , and the government weakly and disorderly managed , ( of all which our laws have made it impossible for the king to be guilty ) . they necessarily must , and always have charg'd those who had the administration of affairs , and the kings ear , as the authors of these mischiefs , and have from time to time applyed themselves to him by addresses for their removal from his presence and councils . there be many things plain and evident beyond the testimony of any witnesses , which yet can never be proved in a legal way . if the king will hearken to none but two or three of his minions , must we not conclude that every thing that is done comes from their advice ? and yet , if this way of representing things to the king were not allowed , they might easily frustrate the enquiries of a parliament . it is but to whisper their counsels , and they are safe . the parliament may be busied in such great affairs , as will not suffer them to pursue every offender through a long process ; and besides there may be many reasons why a man should be turn'd out of a service , which perhaps would not extend to subject him to punishment . the people themselves are highly concern'd in the great officers and ministers of state , who are servants to the kingdom as well as to the king. and the representatives of the people , the commons , whose business it is to present all grievances , as they are most likely to observe soonest the folly and treachery of those publick servants , ( the greatest of all grievances ) so this representation ought to have no little weight with the prince . this was understood so well by h. . a wise and brave prince , that when the commons complain'd against four of his servants , and councellors , desiring they might be removed , he came into parliament and there declared openly that though he knew nothing against them in particular , yet he was assured that what the lords and commons desired of him , was for the good of himself and his kingdom ; and therefore he did comply with them , and banish'd those four persons from his presence and councils , declaring at the same time , that he would do so by any others who should be near his royal person , if they were so unhappy to fall under the hatred and indignation of his people . the records and histories of the reigns of edward the first , edw. ii. edw. iii. and indeed of all other succeeding kings are full of such addresses as these ; but no history or record can shew that ever they were called illegal or un-parliamentary till now . then the ministers durst not appeal to the people against their own representatives , but ours at present have either got some new law in the point , or have attained to a greater degree of confidence , then any that went before them . the best of our princes have with thanks acknowledged the care and duty of their parliaments , in telling them of the corruption and folly of their favourites . ed. i. ed. iii. hen. v. and q. el. never fail'd to do it , and no names are remembred with greater honour in the english annals . whilst the disorderly , the troublesome and unfortunate reigns of h. iii. ed. ii. r. ii. and h. the vi. ought to serve as land-marks to warn succeeding kings from preferring secret councels to the wisdom of their parliaments . but none of the proceedings of the house of commons , have been more censured at court , and with less justice , than their vote about the anticipation of several branches of the revenue . an objection which could proceed from nothing , but a total ignorance of the nature of publick treasure in our own , and all other nations , which was ever esteem'd sacred & un-alienable . all the acts of resumption in the times of h. iv. h. vi. and other of our kings were founded upon this maxim , otherwise there could not be conceived any grosser injustice , than to declare alienations to be void , which kings had lawful power to make . it was upon this maxim that the parliament declar'd the grant to the pope of the yearly sum of marks , wherewith k. john had charg'd the inheritance of the crown , to be null . it was for this cause that in the year . his majesty procured , an act of parliament , to enable him to sell the fee farm rents , and it is the best excuse that can be made for those ministers who in the year . advised the postponing of all payments to the bankers out of the exchequer , that they judged all securities by way of anticipation of the revenue , illegal and void in themselves . resumptions have been frequent in every kingdom , the king of sweden within these few months , has , by the advice of the states , resumed all the lands which his predecessors had in many years before granted from the crown . no country did ever believe the prince , how absolute soever in other things , had power to sell or give away the revenue of the kingdom , and leave his successor a beggar . all those acts of the roman emperors , whereby they wasted the treasure of the empire , were rescinded by their successors ; and tacitus observes , that the first of them that look't upon the publick treasure as his own , was claudius the weakest and most sottish of them all . the present king of france did within these twelve years , by the consent of his several parliaments , resume all the demesness of the crown which had been granted away by himself or his predecessors . that haughty monarch , as much power as he pretends to , not being asham'd to own that he wanted power to make such alienations , and that kings had that happy inability , that they could do nothing contrary to the laws of their countrey . this notion seems founded in the reason of mankind , since barbarism it self cannot efface it . the ottoman emperors dispose arbitrarily of the lives and estates of their subjects , but yet they esteem it the most detestable wickedness , to employ the tributes and growing revenues of the provinces , ( which they call the sacred blood of the people ; ) upon any other than publick occasions . and our kings h. iv. and h. vii , understood so well the different power they had in using their private inheritances and those of the crown , that they took care , by authority of parliament , to separate the dutchy of lancaster from the crown , and to keep the descent of it distinct . but our present courtiers are quite of another opinion , who speak of the revenue of the crown as if it were a private patrimony , and design'd only for domestick uses , and for the pleasures of the prince . the revenues of the crown of england are their own nature approriated to publick service , & therefore cannot without injustice be diverted or anticipated . for either the publick revenue is sufficient to answer the necessary occasions of the government , and then there is no colour for anticipations , or else by some extraordinary accident the k. is reduced to want an extraordinary supply , and then he ought to resort to his parliament . thus wisely did our ancestors provide , that the k. and his people should have frequent need of one another , and by having frequent opportunities of mutually relieving one anothers wants , be sure ever to preserve a dutiful affection in the subject , and a fartherly tenderness in the prince . when the king had occasion for the liberality of his people , he would be well inclin'd to hear and redress their grievances , and when they wanted ease from oppressions they would not fail with alacrity to supply the occasions of the crown . and therefore it has ever been esteem'd a crime in counsellors who perswaded the king to anticipate his revenue , and a crime in those who furnisht money upon such anticipations in an extraordinary way , however extraordinary the occasion might be . for this cause it was that the parliament in the th . of h. . did not only discharge all those debts which the k. had contracted , but enacted that those lenders who had been before paid again by the king , should refund all those sums into the exchequer , as judging it a reasonable punishment , to make them forfeit the money they lent , since they had gone about to introduce so dangerous a precedent . the true way to put the king out of a possibility of supporting the government , is to let him wast in one year that money , which ought to bear the charge of the government for seven . this is the direct method to destroy the credit of the crown both abroad and at home . if the king resolve never to pay the money which he borrows , what faith will be given to royal promises , and the honour of the nation will suffer in that of the prince , & if it must be put upon the people to repay it , this would be a way to impose a necessity of giving taxes without end , whether they would or no. and therefore ( as mercenary as they were ) the pensioners would never discharge the revenue of the anticipations to the bankers . now the commons having the inconvenience of this before their eyes in so fresh an instance , and having their ears fill'd with the daily cries of so many widows and orphans ; were obliged in duty to give a public caution to the people , that they should not run agan into the same error . not only because they judged all securities of that kind absolutely void , but because they knew no future parliament could without breach of trust repay that money which was at first borrowed only to prevent the sitting of a parliament , and which could never be paid without countenancing a method so destructive to our constitution . nor have former parliaments been less careful and nice in giving the least allowance to any unusual ways of taking up money , without common consent , having so very often declar'd , that the king cannot supply his most pressing necessities , either by loans , or by the benevolence of his subjects , which by the express words of the statute , are damned and annulled for ever . but the house of commons were so cautious of giving any just occasion of cavil , that they restrain'd their votes much more than they needed to have done : for they extended them only to three branches of the revenue , all which were by several acts of parliament given to his present majesty . and surely every one will agree , that when the king receives a gift from his people , he takes it under such conditions , and ought to imploy it in such a manner , and for such purposes as they direct . we must therefore consult the several acts by which those branches were setled ; if we would judge rightly whether the commons had not particular reasons for what they did . the statute car. . c. . says , that the commons reposing trust in his majesty for guarding the seas against all persons intending the disturbance of trade , and the invading of the realm , to that intent do give him the tonnage and poundage , &c. this is as direct an appropriation as words can make , and therefore as it is manifest wrong to the subject , to divert any part of this branch to other uses ; so for the king to anticipate it , is plainly to disable himself to perform the trust reposed in him. and the late long parliament thought this matter so clear , that about two years before their dissolution , they passed a vote with relation to the customs , in almost the same words . the parliament which gave the excise were so far from thinking that the king had power to charge or dispose of it as his own , that by a special clause in the act , whereby they give it , they were careful to impower him to dispose of it , or any part of it by way of farm , and to enact that such contracts shall be effectual in law , so as they be not for a longer time than three years . the act , whereby the hearth-money was given , declares that it was done to the end , that the publick revenue might be proportioned to the publick charge ; and 't is impossible that should ever be , whilst it is liable to be pre-ingaged and anticipated . and the parliament were so careful to preserve this tax always clear and uncharg'd , that they made it penal for any one so much as to accept of any pension or grant for years , or any other estate , or any summ of money out of the revenue arising by vertue of that act , from the king , his heirs or successors . surely if the penners of this declaration had not been altogether ignorant of our own laws , and of the policy of all other countries and ages , they would never have printed those votes , in hopes thereby to have exposed the commons to the world. they would not have had the face to say , that thereby the king was exposed to danger , deprived of a possibility of supporting the government , and reduc'd to a more helpless condition than the meanest of his subjects . this we are sure of , that the inviolable observing of these statutes , will be so far from reducing his majesty to a more helpless condition than the meanest of his subjects , that it will still leave him in a better condition than the richest and greatest of his ancestors , none of which were ever masters of such a revenue . the h. of commons are in the next place accused of a very high crime , the assuming to themselves a power of suspending acts of parliament , because they declared that it was their opinion , that the prosecution of protestant dissenters upon the penal laws , is at this time grievous to the subject , a weakning of the protestant interest , an incouragement to popery , and dangerous to the peace of the kingdom . the ministers remembred that not many years ago , the whole nation was justly alarm'd upon the assuming an arbitrary power of suspending penal laws , and therefore they thought it would be very popular to accuse the commons of such an attempt . but how they could possible misinterpret a vote at that rate , how they could say the commons pretended to a power of repealing laws , when they only declare their opinion of the inconveniency of them , will never be understood till the authors of this are pleased to shew their causes and reasons for it in a second declaration . every impartial man will own , that the commons had reason for this opinion of theirs . they had with great anxiety observed that the present design of the papists was not against any one sort of protestants , but universal , and for extirpating the reform'd religion . they saw what advantages these enemies made of our divisions , and how cunningly they diverted us from prosecuting them , by fomenting our jealousies of one another . they saw the strength and nearness of the king of france , and judged of his inclinations by his usage of his own protestant subjects . they consider'd the number , and the bloody principles of the irish , and what conspiracies were form'd there , and even ripe for execution ; and that scotland was already delivered into the hands of a prince , the known head of the papists in these kingdoms , and the occasion of all their plots and insolencies , as more than one parliament had declared . they could not but take notice into what hands the most considerable trusts both civil and military were put , and that notwithstanding all addresses , and all proclamations for a strict execution of the penal laws against papists , yet their faction so far prevailed , that they were eluded , and only the dissenting protestants smarted under the edge of them . in the midst of such circumstances was there not cause to think an union of all protestants necessary , and could they have any just ground to believe that the dissenters , whilst they lay under the pressures of severe laws , should with such alacrity and courage as was requisite , undertake the defence of a country where they were so ill treated ? a long and sad experience had shew'd how vain the endeavours of former parliaments had been to force us to be all of one opinion , and therefore the house of commons resolv'd to take a sure way to make us of one affection . they knew that some busie men would be striking whilst there were weapons at hand ; and therefore to make us live at peace , they meant to take away all occasions of provoking , or being provoked . in order to a general repeal of these laws , they first came to a vote declaring the necessity of it , to which there was not one negative in the house : a vote of this nature does for the most part precede the bringing in of a bill for the repeal of any general law. and it had been a great presumption in a particular member to have asked leave to have brought in a bill for repealing so many laws together , till the house had first declar'd , that in their opinion they were grievous and inconvenient . no english man could be so ignorant of our laws , none but a french-man could have confidence to declaim against a proceeding so regular and parliamentary as this . where was the disregard to the laws established , for the commons to attempt the abrogating of a law that is grievous to the subject , and dangerous to the peace of the kingdom ? is it a suspending acts of parliament , if they declare a law to be grievous and dangerous in their opinion , before they set about the repeal of it ? and is there any ground to doubt but that a bill would have pass'd that house , pursuant to this vote , had it not been prevented by a dissolution ? nor was there the least direction or signification to the judges , which might give any occasion for the reflection which follows in the declaration . the due and impartial execution of the laws , is the unquestionable duty of the judges , and we hope they will always remember that duty so well , as not to necessitate a h. of commons to do theirs , by calling them to account for making private instructions the rule of their judgments , and acting as men who have more regard to their places than their oaths . 't is too well known who it is that sollicites and manages in favour of judges , when a h. of commons does demand justice against them , for breaking their oaths . and therefore the publishers of this declaration had said something well , if when they tell us the judges ought not to break their oaths in reverence to the votes of either h. they had been pleased to add , not in respect of any command from the k. or favorites . then we should have no more letters from secretaries of state to judges sitting upon the bench. then we should have no more proclamations like that of the th oct. . forbidding the execution of the laws concerning high-ways . nor that of the th of may , . dispensing with divers clauses in the acts of parliament for increase of shipping . nor any more declarations like that of the . of march , . suspending the penal laws in matters ecclesiastical . but the judges are sworn to execute all laws , yet there is no obligation upon any man to inform against another . and therefore though the ministers prevented the repeal of those laws , 't is to be hop'd that this vote will restrain every englishman from prosecuting protestants , when so wise and great a body have declared the pernicious effects of such a prosecution . 't is most true , that in england no law is abrogated by desuetude , but it is no less true , that there are many laws still unrepeal'd which are never executed , nor can be without publick detriment . the judges know of many such dormant laws , and yet they do not quicken the people to put them in execution , nor think themselves guilty of perjury that they do not : such are the laws for wearing caps , for keeping lent , those concerning bowes and arrows , about killing calves , and lambs , and many others . and those who vex men by information on such antiquated laws , have been ever lookt upon as infamous , and disturbers of the publick quiet . hence it is that there are no names remembred with greater detestation than those of empson and dudley , the whole kingdom abhorr'd them as monsters in the time of h. vii . and they were punish'd as traitors in the reign of his son. the alteration of the circumstances whereupon a law was made , or if it be against the genius of the people , or have effects contrary to the intent of the makers , will soon cause any law to be disused , and after a little disuse , the reviving of it will be thought oppression . especially if experience has shewn , that by the non-execution , the quiet , the safety , and trade of the nation have been promoted ; of all which the commons , who are sent from every part of the kingdom , are able to make the clearest judgment . therefore after they have declared their opinions of the inconvenience of reviving the execution of these laws , which have lain asleep for divers years , tho' the judges must proceed , if any forward informers should give them the trouble , yet they would not act wisely or honestly if they should encourage informers , or quicken juries by strict and severe charges . especially if it be considered , that the lords also were preparing bills in favor of dissenters , and that the king has wish'd often it was in his power to ease them . so that tho' there be no act of repeal formerly passed , we have the consent and desire of all who have any share in making acts. but let this vote have what consequence it will , yet sure the ministers had forgot that the black rod was at the door of the house , to require them to attend his majesty at the very time when it was made , otherwise they would not have numbred it amongst the causes which occasioned the king to part with that parliament . and those that knew his majesty was putting on his robes before that vote passed , might imagine a dissolution thus foreseen , might occasion it , but cannot be brought to believe , that the vote which was not in being , could occasion the dissolution . these are the proceedings which the ministers judg unwarrantable in the parliament at westminster , and for which they prevailed with his majesty to part with it . but since it is evident upon examination , that the principles of our constitution , the method of parliaments , and the precedents of every age , were their guide and warrant in all those things ; surely the k. must needs be alike offended with the men about him , for perswading him to dissolve that parliament without any cause ; and for setting forth in his name a declaration of such pretended cause as every man almost sees through , and contrived only to cover those reasons which they durst not own . but with what face can they object to the house of commons their strange illegal votes declaring divers eminent persons to be enemies to the king and kingdom , when at the same time they arrogate to themselves an unheard of authority to arraign one of the three estates in the face of the world , for usurping power over the laws , imprisoning their fellow subjects arbitrarily , exposing the kingdom to the greatest dangers , and endeavouring to deprive the king of all possibility of supporting the government , and all this without any order or process of law , without hearing of their defence , and as much without any reason , as precedent . we have had ministers heretofore so bold , ( yet ever with ill success ) as to accuse a pretended factious party in the house , but never did any go so high as openly to represent the whole h. of commons as a faction , much less , to cause them to be denounced in all the churches of the kingdom , that so the people might look upon it as a kind of excommunication . but if they erred in the things they judged rightly in the choice of the persons who were to publish it . blind obedience was requisite , where such unjustifiable things were imposed , and that could be no where so entire , as amongst those clergy-men whose preferment depended upon it . therefore it was ordered that this declaration should be read by them , being pretty well assured that they would not unwillingly read in the desk , a paper so suitable to the doctrin wch some of them had often declared in the pulpit . it did not become them to enquire whether they had sufficient authority for what they did ; since the printer called it the k's . declaration , & whether they might not one day be call'd to account for publishing it ; nor once to ask if what his majesty singly ordered when he sate in council , and came forth without the stamp of the great seal , gave them a sufficient warrant to read it publickly . clergy-men seldom make reflections of this kind , least they should be thought to dispute the commands of their superiors . it hath been observed , that they who allow unto themselves the liberty of doubting , advance their fortunes very slowly , whilst such who obey without scruple , go on with a success equal to their ambition . and this carries them on without fear or shame , and as little thought of a parliament , as the court favourites who took care to dissolve that at oxford , before they durst tell us the faults of that at westminster . we have already answer'd the miscarriages objected to the first , and may now take a view of those imputed to the other , which they say was assembled as soon as that was dissolved , and might have added dissolved as soon as assembled . the ministers having imploy'd the people forty days in chusing knights and burgesses , to be sent home in eight , with a declaration after them , as if they had been called together only to be affronted . the declaration doth not tell us of any gracious expressions used at the opening of that parliament , perhaps because the store was exhausted by the abundance which his majesty was pleased to bestow on them in his former speeches . but we ought to believe that his majesties heart was as full of them as ever , and if he did not express them , it is to be imputed unto the ministers , who diverted him from his own inclinations , and brought him to use a language until that day unknown unto parliaments . the gracious speech then made , and the gracious declaration that followed , are so much or a piece , that we may justly conclude the same persons to have been authors of both . however his majesty failed not to give good advice unto them , who were called together to advise him . the parliament had so much respect for their k. as not particularly to complain of the great invasion , that was made upon their liberty of proposing and debating laws , by his telling them before hand what things they should meddle with , and what things , no reasons they could offer , should perswade him to consent unto . but every man must be moved to hear it charged upon them as an unpardonable disobedience , that they did nor obsequiously submit to that irregular command , of not touching on the business of the succession . shall two or three unknown minions take upon them , like the lords of the articles of scotland , to prescribe unto an english parliament what things they shall treat of ? do they intend to have parliaments inter instrumenta servitutis , as the romans had kings in our country ? this would quickly be , if what was then attempted had succeeded , and should be so pursued hereafter , that parliaments should be directed what they were to meddle with , and threatned if they do any other thing . for the loss of freedom of debate in parliament , will soon and certainly be followed by a general loss of liberty . without failing in the respect which all good subjects owe unto the king , it may be said , that his majesty ought to divest himself of all private inclinations , and force his own affections to yield unto the publick concernments : and therefore his parliaments ought to inform him impartially , of that which tends to the good of those they represent , without regard of personal passions , and might worthily be blam'd , if they did not believe , that be would for go them all for the safety of his people . therefore if in it self it was lawful to propose a bill for excluding the duke of york from the crown , the doing it after such an unwarrantable signification of his pleasure would not make it otherwise . and the unusual stiffness which the king hath shown upon this occasion , begins to be suspected not to proceed from any fondness to the person of his brother , much less from any thonght of danger to the english monarchy by such a law , but from the influence of some few ill men upon his royal mind , who being creatures to the duke , or pensioners to france , are restless to prevent a good understanding between the king and his people ; justly fearing , that if ever he comes to have a true sence of their affections to him , he would deliver up to justice these wicked wretches , who have infected him with the fatal notion , that the interests of his people are not only distinct , but opposite to his . his majesty does not seem to doubt of his power in conjunction with his parliament , to exclude his brother . he very well know's this power hath been often exerted in the time of his predecessors . but the reason given for his refusal to comply with the interests and desires of his subjects is , because it was a point which concerned him so near in honour , justice and conscience . is it not honourable for a prince , to be true and faithful to his word and oath ? to keep and maintain the religion and laws established ? nay , can it be thought dishonourable unto him , to love the safety and welfare of his people , and the true religion established among them , above the temporal glory and greatness of his personal relations ? is it not just , in conjunction with his parliament , for his peoples safety , to make use of a power warranted by our english laws , and the examples of former ages ? or is it just for the father of his country to expose all his children to ruin , out of fondness unto a brother ? may it not rather be thought unjust to abandon the religion , laws and liberties of his people , which he is sworn to maintain and defend , and expose them to the ambition and rage of one that thinks himself bound in conscience to subvert them ? if his majesty is pleased to remember what religion the duke professeth , can he think himself obliged in conscience to suffer him to ascend the throne , who will certainly endeavour to overthrow the established religion , and set up the worst of superstitions and idolatry in the room of it ? or if it be true , that all obligations of honour , justice and conscience , are comprehended in a grateful return of such benefits as have been received , can his majesty believe that he doth duly repay unto his protestant subjects the kindness they shewed him , when they recalled him from a miserable helpless banishment , and with so much dutiful affection placed him in the throne , enlarged his rvenue above what any of his predecessors had enjoyed , & gave him vaster sums of money in twenty years , than had been bestowed upon all the kings since william the first ; should he after all this deliver them up to be ruin'd by his brother ? it cannot be said that he had therein more regard unto the government than to the person , seeing it is evident the bill of exclusion had no ways prejudiced the legal monarchy , which his majesty doth now enioy with all the rights and powers which his wise and brave ancestors did ever claim , because many acts of the like nature have passed heretofore upon less necessary occasions . the preservation of every government depends upon an exact adherence unto its principles , and the essential principle of the english monarchy , being that well proportioned distribution of powers , whereby the law doth at once provide for the greatness of the king , and the safety of the people , the government can subsist no longer , than whilst the monarch enjoying the power which the law doth give him , is enabled to perform the part it allows unto him , and the people are duly protected in their rights and liberties . for this reason our ancestors have been always more careful to preserve the government inviolable , than to favour any personal pretences , and have therein conformed themselves to the practice of all other nations , whose examples deserve to be followed . nay , we know of none so slavishly addicted unto any person or family , as for any reason whatsoever , to admit of a prince who openly professed a religion contrary to that which was established amongst them . it were easie to alledge multitude of examples of those who have rejected princes for reasons of far less weight than difference in religion , as robert of normandy , charles of lorrain , alphonso a desperadado of spain ; but those of a latter date , against whom there was no other exception than for their religion , suteth better with our occasion . among whom it is needless to name henry of bourbon , who though accomplished in all the vertues required in a prince , was by the general assembly of the estate at blois declared uncapable of succession to the crown of france , for being a protestant . and notwithstanding his valour , industry , reputation and power , increased by gaining four great battels , yet he could never be admitted king , till he had renounced the religion that was his obstacle . and sigismund , son of john of sweden , king of that country by inheritance , and of poland by election , was deprived of his hereditary crown , and his children disinherited only for being a papist , and acting conformably to the principles of that religion , though in all other respects he deserved to be a king , and was most acceptable unto the nation . but if ever this maxim deserved to be considered , surely it was in the case of the duke of york . the violence of his natural temper is sufficiently known : his vehemency in exalting the prerogative ( in his brothers time ) beyond its due bounds , and the principles of his religion , which carry him to all imaginable excesses of cruelty , have convinced all mankind that he must be excluded , or the name of king being left unto him , the power put into the hands of another . the parliament therefore considering this , and observing the precedents of former ages , did wisely chuse rather to exclude him , than to leave him the name , and place the power in a regent . for they could not but look upon it as folly , to expect that one of his temper , bred up in such principles in politicks , as made him in love with arbitrary power , and bigotted in that religion , which always propagates it self by blood , would patiently bear these shackles , which would be very disgustful unto a prince of the most meek disposition . and would he not thereby have been provok'd to the utmost fury and revenge against those who ●id them upon him ? this would certainly have bred a contest , and these limitations of power proposed to keep up the government , must unavoidably have destroyed it , or the nation ( which necessity would have forced into a war in its own natural defence ) must have perished either by it , or with it . the success of such controversies are in the hand of god , but they are undertaken upon too unequal terms , when the people by victory can gain no more , than what without hazard may be done by law , and would be ruin'd if it should fall out otherwise . the duke with papists might then make such a peace , as the romans are said to have made once in our desolated country , by the slaughter of all the inhabitants able to make war , & ubi solitudinem faciunt , pacem appellant . this is the happy state they present unto us , who condemn the parliament for bringing in a bill of exclusion . this is the way to have such a peace as the spaniards , for the propagation of the gospel , made in the west-indies , at the instigation of the jesuits , who govern'd their councils . and seeing they have the duke no less under their power and directions , we may easily believe they would put him upon the same methods . but as it is not to be imagined , that any nation that hath vertue , courage and strength equal unto the english , will so tamely expect their ruine ; so the passing a bill to exclude him , may avoid , but cannot ( as the declaration phraseth it ) establish a war. but if there must be a war , let it be under the authority of law , let it be against a banished , excluded pretender . there is no fear of the consequence of such a war : no true englishman can join with him , or countenance his usurpation after this act ; and for his popish and foreign adherents , they will neither be more provok'd , nor more powerful by the passing of it . nor will his exclusion make it at all necessary to maintain a standing force for preserving the government , and the peace of the kingdom . the whole people will be an army for that purpose , and every heart and hand , will be prepared to maintain that so necessary , so much desired law : a law for which three parliaments have been so earnest with his majesty , not only in pursuance of their own judgments , but by the direction , of those that sent them . it was the universal opinion of the papists , that mary queen of scots was excluded only by an act of parliament , and yet we see queen elizabeth reigned gloriously and peaceably forty years without any standing force . but our ministers do but dissemble with us , when they pretend to be so much afraid of a standing army . we know how eagerly , they have desired , and how often they attempted to establish one . we have seen two armies raised with no other design , as has been since undeniably proved ; and one of those they were so loth to part with , that more than one act of parliament was necessary to get it disbanded . and since that , they have increased the guards to such a degree , that they are become a formidable standing force . a thing so odious to a free people , that the raising of one single regiment in spain , within these six years , under colour of being a guard for the king's person , so inflam'd the nation , that a rebellion had ensued , if they had not been disbanded speedily . the nobility and gentry of that kingdom looking upon themselves , as their kings natural guard , scorned that so honourable a name should be given to mercenaries . but as his majesty was perswaded to resolve against the expedient proposed , to secure our peace by excluding the duke , so it is evident , that nothing was intended by those other ways which were darkly and dubiously intimated in his majesties speech unto the parliament at oxford , and repeated in the declaration ; and his majesty in his wisdom could not but know that they signified nothing . and those who spake more plainly , in proposing a regency as an expedient , did in publick and private declare , they believed the duke would not consent unto it , nor unto any unusual restriction of the royal power . so that they could have no other design therein , than a plausible pretence to delude the parliament and people . some such consideration induced them to revive the distinction between the king 's personal and politick capacity , by separating the power from the person , which we have reason to believe they esteemed unseasable . however , it is more than probable that the jesuites , casuists , and popish lawyers would reject it , as well as any thing else that might preserve us from falling under his power . and the pope , who could absolve king john , henry the third and others , from the oaths they had taken , to preserve the rights and liberties of their subjects , might with the same facility dissolve any that the duke would take . and as our histories testifie what bloody wars were thereby brought upon the nation , we have reason to believe , that if the like should again happen , it would be more fatal unto us , when religion is concerned , which was not then in question . would not his confessor soon convince him , that all laws made in favour of heresie are void ? and would he not be liable to the heaviest curses , if be suffered his power to be used against his religion ? the little regard be hath to laws whilst a subject , is enough to instruct us what respect he would bear to them if he should be king. shall we therefore suffer the royal dignity to descend on him , who hath made use of all the power he has been entrusted with hitherto , for our destruction ? and who shall execute this great trust ? the next heir may be an infant , or one willing to surrender it into hands . but should it be otherwise , yet still there is no hope of having any fruit of this expedient without a war , and to be obliged to swear allegiance to a popish prince , to own his title , to acknowledge him supreme head of the church , and defender of the faith , seems a very strange way of entitling our selves to fight against him . the two reasons which the declaration pretends to give against the exclusion , are certainly of more force against the expedient . a standing force would have been absolutely necessary , to have plac'd and kept the administration in protestant hands ; and the monarchy it self had been destroy'd by a law , which was to have taken all sorts of power from the king , and made him not so much as a duke of venice . how absurdly and incoherently do these men discourse ! sometimes the government is so divine a thing , that no human law can lessen or take away his right , who only pretends in succession , and is at present but a subject : but at other times they tell us of acts of parliament to banish him out of his own dominions , to deprive him of all power , of his whole kingship after he shall be in possession of the throne . the cheat of this expedient appear'd so gross in the house of commons , that one of the dukes professed vassals , who had a little more honour than the rest , was asham'd of it , and openly renounced the project which they had been forming so long , and thought they had so artificially disguised . but though it was so well exposed in the house , yet the ministers thought the men without doors might be still deceived , and therefore they do not blush to value themselves again upon it in their declaration . as for the insinuation which follows , that there was reason to believe that the parliament would have passed further to attempt other great and important changes at present : if it be meant any change of the constitution of the government , 't is a malicious suggestion of those men , who are ever instilling into his majesty's mind ill thoughts of his parliament , since no vote nor proposition in either house could give any ground for such suspicion , and therefore in this matter the people may justly accuse the court , ( who so often cry out against them for it ) of being moved , by causeless fears and jealousies . and for his majesty to be perswaded to arraign the whole body of his people , upon the ill-grounded surmises , or malicious and false suggestions of evil and corrupt men about him , doth neither well become the justice of a prince , nor is agreeable to the measures of wisdom , which be should govern himself , as well as rule his people by . and if an attendance to the slandrous accusations of persons , who hate parliaments , because their crimes are such that they have reason to fear them , govern and sway his royal mind , there can never want grounds for the dissolution of any parliaments , but if they mean by attempting great and important changes , that they would have besought his majesty that the duke might no longer have the government in his hands , that his dependents should no longer preside in his councils , no longer possess all the great trusts and offices in the kingdom ; that our ports , out garrisons , and our fleets , should be no longer governed by such as are at his devotion , that characters of honour and favour should be no longer plac'd on men that the wisdom of the nation hath judged to be favourers of popery , or pensioriers of erance . these were indeed great and important changes , but such as it becomes english men to believe were designed by that parliament ; such as will be designed and prest for by every parliament , and such as the people will ever pray may at last find success with the king. without these charges , the bill of exclusion would only provoke , not disarm our enemies , nay the very money which we must have paid for it , would have been made use of to secure and hasten the dukes return upon us . we are now come to the consideration of that only fault which was peculiar to the parliament at oxford , and that was their behaviour in relation to the business of fitz-harris . the declaration says , he was impeached of high-treason by the commons , and they had cause to think his treasons to be of such an extraordinary nature , that they well deserved an examination in parliament . for fitz-harris , a known irish papist , appear'd by the informations given in the house , to be made use of by some very great persons to set up a counterfeit protestant conspiracy , and thereby not only to drown the noise of the popish plot , but to take off the heads of the most eminent of those , who still refused to bow their knees to baal . there had been divers such honest contrivances before , which had unluckily fail'd , but the principal contrivers avoided the discovery , as the others did the punishment ; in what manner , and by what helps , the whole nation is now pretty sensible . being warned by this experience , they grew more cautious than ever , and therefore that the treason which they were to set on foot , might look as unlike a popish design as was possible , they fram'd a libel full of the most bitter invictives against popery and the duke of york . it carried as much seeming zeal for the protestant religion , as coleman's declaration , and as much care and concern for our laws , as the penners of this declaration would seem to have . but it was also filled with the most subtil insinuations , and the sharpest expressions against his majesty that could be invented , and with direct and passionate incitements to rebellion . this paper was to be conveyed by unknown messengers , to their hands who were to be betray'd , and then they were to be seized upon , and those libels found about tham , were to be a confirmation of the truth of a rebellion , which they had provided witnesses to swear was designed by the protestants , and had before prepared men to believe by private whispers . and the credit of this plot should no doubt have been soon confirmed , by speedy justice done upon the pretended criminals . but as well laid as this contrivance seem to be , yet it spoke it self to be of a popish extraction . 't is a policy the jesuits have often used , to divert a storm which was falling upon themselves . accordingly heretofore they had prepared both papers and witnesses , to have made the puritans guilty of the gunpowder treason , had it succeeded as they hoped for . the hainous nature of the crime , and the greatness of the persons supposed to be concern'd , deserved an extraordinary examination , with a jury , who were only to enquire whether fitz-harris was guilty of framing that libel , he could never make ; and the commons believed none but the parliament was big enough to go through with . they took notice that the zeal and courage of inferior courts was abated , and that the judges at the tryal of wakeman and gascoign ( however it came to pass ) behaved themselves very unlike the same men they were , when others of the plotters had been tryed . they had not forgot another plot of this nature discovered by dangerfield , which tho plainly proved to the council , yet was quite stifled by the great diligence of the kings bench , which rendred him as an incompetent witness . nor did they only fear the perversion of justice , but the misapplication of mercy too . for they had seen that the mouths of gadbury and others , as soon as they began to confess , were suddenly stopt by a gracious pardon . and they were more jealous than ordinary in this case , because when fitz-harris was inclined to repentance , and had begun a confession , to the surprize of the whole kingdom , without any visible cause , he was taken out of the lawful custody of the sheriffs , and shut up a close prisoner in the tower. the commons therefore had no other way to be secure that the prosecution should be effectual , the judgment indifferent , and the criminal out of all hopes of a pardon ( unless by an ingenuous confession he could engage both houses in a powerful mediation to his majesty in his behalf ) but by impeaching of him . they were sure no pardon could stop their suit , tho the king might release his own prosecution by his pardon . hitherto the proceedings of the commons in this business could not be liable to exception , for that they might lawfully impeach any commoner before the lords , was yet never doubted . the lords themselves had agreed that point , when the day before they had sent down the plea of sir william scroggs to an impeachment of treason , then depending before them . and they are men of strange confidence , who at this time of day take upon them to deny a jurisdiction of the lords , which hath been practised in all times without controul , and such a fundamental of the government , that there could be no security without it . were it otherwise , it would be in the power of the king , by making commoners ministers of state , to subvert the government by their contrivances when he pleased : their greatness would keep them out of the reach of ordinary courts of justice , and their treasons might not perhaps be within the statutes , but such as fall under the cognizance of no other court than the parliament ; and if the people might not of right demand justice there , they might without fear of punishment , act the most destructive villanies against the kingdom . as a remedy against this evil , the mirrour of justice tell us , that parliaments were ordained to hear and determine all complaints of wrongful acts , done by the king , queen , or their children , and such others against whom common right cannot be had elsewhere . which as to the king , is no otherwise to be understood , than that it he err by illegal personal commands or orders , he is to be admonished by parliament , and addressed unto for remedy ; but all others being but subjects , are to be punished by parliaments , according to the laws of parliaments . if the ends were well considered for which parliaments were ordained , as they are declared in the statute ; item for maintenance of the said articles and statutes , ( viz. magna charta , &c. ) a parliament shall be holden every year , by them as well as by the foregoing ancient authority , none could be deceived by the parliament rol. of ed. . where it is mentioned as accorded between the king and his grands , ( that is , his lords ) that judgment of death , given by the peers against sir simon de beresford , matrever , and others , upon the murther of king ed. . and his uncle , should not be drawn into example , whereby the peers might be charged to judge others than their peers , contrary to the law of the land , if such a case should happen . for whereas from this record some would perswade us that the lords are discharged from judging commoners , and that our ancient government is alter'd in this case by that record , which they say is act of parliament . the stile and form of it is so different from that which is used in acts of parliament , that many are inclined to believe it to be no other thing , than an agreement between the king and the lords . but to remove all future scruples in the case , let it be admitted to be an act of parliament , and if there be nothing accorded in it , to acquit the lords from trying commoners impeached before them by the commons in parliament , then we hope that shame will stop their mouths , who have made such a noise against the commons with this record . first , it is evident from the roll it self , with other records , that the lords did judg those commoners contrary to the law of the land , that is , at the instance of the king , and the prosecution of their enemies , without the due course of the law ; or calling them to make their defence , and ( for ought appears ) without legal testimony . secondly , it is evident , that they were driven upon this illegal proceeding , by the power and authority of the king , and some prosecutors , who earnestly pressed the lords thereunto , upon pretence of speedily avenging the blood of the former king and his uncle . so that the judgment was given at the kings suit , in a way not warranted by the law and custom of parliament , or any other law of the kingdom . surely when the lords blood was suffered to cool , they had reason to desire something might be left upon record , to preserve them for the future from being put upon such shameful work , tho such a case as the murder of a king should again happen , as it seems they did not fear to be pressed in any other , so to violate the laws . but thirdly , there is not a word in the record , that imports a restriction of that lawful jurisdiction , which our constitution placeth in the lords to try commoners , when their cases should come before them lawfully , at the suit of the commons by impeachment . there is no mark of an intention to change any part of the ancient government , but to provide against the violation of it , and that the law might stand as before notwithstanding the unlawful judgment they had lately given . so that the question is still the same , whether by the law of the land , that is the law and custom of parliament , or any other law , the lords ought to try commoners impeached by the commons in parliament , as if that record had never been . and we cannot think that any man of sence , will from that record make an argument in this point , since it could be no better than to infer , that because the lords are no more to be pressed by the king , or at his suit , to give judgment against commoners contrary to the law of the land , when they are not impeached in parliament , therefore they must give no judgment against them at the suit of the commons in parliament , when they are by them impeached , according to the laws and customs of parliament . but if such as delight in these cavils had searched into all the records relating unto that of the ed. . they might have found in the th of the same king a writ issued out to suspend the execution of the judgment against matrevers , because it had been illegally passed . and the chief reason therein given is , that he had not been impeached , and suffered to make his defence . but it was never suggested nor imagined that the lords that judged him , had no jurisdiction over him because he was a commoner , or ought not to have exercised it , if he had been impeached ; nor was it pretended that by magna charta he ought to have been tried only by his peers ; the laws of the land therein mentioned , and the laws and customs of parliaments , being better known and more reverenced in these days , than to give way to such a mistake . they might also have found by another record of the th of the same king , that by undoubted act of parliament , matrevers was pardon'd , and the judgment is therein agreed by the lords and commons to have been illegal , and unjustly passed , by the violent prosecution of his enemies ; but it is not alledged that it was coram non judice , as if the lords might not have judged him , if the proceedings before them had been legal . but as the sense and proceedings of all parliaments have ever been best known by their practice , the objectors might have found by all the records since the ed. . that commoners as well as lords might be , and have been , impeached before lords , and judged by them to capital or other punishments , as appears undeniably to every man that hath read our histories or records . and verily the concurrent sense and practice of parliaments for so many ages , will be admitted to be a better interpretation of their own acts , than the sense that these men have lately put upon them to increase our disorders . but to silence the most malicious in this point , let the famous . act of the of ed. . be considered , which hath ever since limited all inferior courts in their jurisdiction , unto the trial of such treasons only as are therein particularly specified , and reserved all other treasons to the trial and judgment of parliament . so that if any such be committed by commoners , they must be so tried , or not at all . and if the last should be allowed , it will follow , that the same fact which in a peer is treason , and punishable with death , in a commoner is no crime , and subject to no punishment . nor doth magna charta confine all trials to common juries , for it ordains that they should be tried by the judgment of peers , or by the law of the land. and will any man say the law of parliament is not the law of the land ? nor are these words in magna charta superfluous or insignificant , for then there would be no trial before the constable or marshal , where there is no jury at all ; there could be no trial of a peer of the realm upon an appeal of murther , who according to the law ought in such cases to be try'd by a common jury , and not by his peers . and since the records of parliaments are full of impeachment of commons , and no instance can be given of the rejection of any such impeachment , it is the commons who have reason to cite magna charta upon this occasion , which provides expresly against the denial of justice . and indeed it looks like a denial of justice , when a court that hath undoubted cognizance of a cause regularly brought before them , shall refuse to hear it : but most especially when ( as in this case ) the prosecutors could not be so in any other court , so as a final stop was put to their suit , though the lords could not judicially know whether any body else would prosecute elsewhere . this proceeding of the lords looks the more odly , because they rejected the cause , before they knew as judges what it was , and referred it to the ordinary course of law , without staying to hear whether it were a matter whereof an inferior court could take cognizance . there are treasons which can only be adjudged in parliament , and if we may collect the sense of the house of commons from their debates , they thought there was a mixture of those kind of treasons in fitz-harris's case . and therefore there was little reason for that severe suggestion , that the impeachment was only designed to delay a trial , since a compleat examination of his crime could be had no where but in parliament . but it seems somewhat strange , that the delaying of a trial , and that against a professed papist charged with treason , should be a matter so extremely sensible : for might it not be well retorted by ●●e people , that it had been long a matter extremely sensible to them , that so many prorogations , so many dissolutions , so many other arts had been used to delay the trials , which his majesty had often desired , and the parliament prepared for , against five professed popish lords charged with treasons of an extraordinary nature . but above all , that it was a matter extremely sensible to the whole kingdom , to see such unparliamentary and mean sollicitations , used to promote this pretended rejection of the commons accusation , as are not fit to be remembred . 't is there that the delay of the trials is to be laid ; for had the impeachment been proceeded upon , and the parliament suffered to sit , fitz-harris had been long since executed , or deserved mercy by a full discovery of the secret authors of these malicious designs against the king and people . for though the declaration says a trial was directed , yet we are sure nothing was done in order to it , till above a month after the dissolution . and it hath since raised such questions , as we may venture to say were never talk'd of before in westminster-hall ; questions which touch the judicature of the lords , and the privileges of the commons in such a degree , that they will never be determined by the decision of any inferior court , but will assuredly at one time or other have a farther examination . we have seen now that the commons did it not without some ground , when they voted the refusal of the lords to proceed upon an impeachment , to be a denial of justice , and a violation of the constitution of parliaments ; and the second vote was but an application of this opinion to the present case . the third vote made upon that occcasion was no more than what the king himself had allowed , and all the judges of england had agreed to be law , in the case of the five impeached lords , who were only generally impeached , and the parliament dissolved , before any articles were sent up against them . yet they had been first indicted in an inferior court , and preparations made for their trial ; but the judges thought at that time , that a prosecution of all the commons was enough to stop all prosecutions of an inferior nature . the commons had not impeached fitz-harris , but that they judged his case required so publick an examination ; and for any other court to go about to try and condemn him , tho' it should be granted to be for another crime , is as far as in them lies to stifle that examination . by this time every man will begin to question , whether the lords did themselves or the commons righ●● 〈◊〉 the refusing to countenance such a proceeding ? but one of the penmen of this declaration has done himself and the nation right , and has discovered himself by using his ordinary phrase upon this occasion . the person is well known without naming him , who always tells men they have done themselves no right , when he is resolved to do them none . as for the commons , nothing was carried on to extremity by them , nothing done but what was parliamentary : they could not desire a conference , till they had first stated their own case , and asserted by votes the matter which they were to maintain at a conference . and so far were those votes from putting the two houses beyond a possibility of reconciliation , that they were made in order to it , and there was no other way to attain it . and so far was the house of commons from thinking themselves to be out of a capacity of transacting with the lords any farther , that they were preparing to send a message for a conference to accomodate this difference , at the very instant that the black rod called them to their dissolution . if every difference in opinion or vote should be said to put the two houses out of capacity of transacting business together , every parliament almost must be dissolved as soon as called . however our ministers might know well enough , that there was no possibility of reconciling the two houses , because they had before resolved to put them out of a capacity of transacting together , by a sudden dissolution . but that very thing justifies the commons to the world , who cannot but perceive that there was solemn and good ground for them to desire an enquiry into fitz-harris's treason , since they who influence our affairs were so startl'd at it , that , in order to prevent it , they first promoted this difference between the two houses , and then broke the parliament left it should be composed . there is another thing which must not be past over without observation , that the ministers in this paper take upon them to decide this great dispute between the two houses , and to give judgment on the side of the lords . we may well demand what person is by our law constituted a judge of their privileges , or hath authority to censure the votes of one house , made with reference to matters wherein they were contesting with the other house , as the greatest violation of the constitution of parliaments ? they ought certainly to have excepted the power which is here assumed of giving such a judgment , and publishing such a charge , as being not only the highest violation of the constitution , but directly tending to the destruction of it . this was the case , and a few days continuance being like to produce a good understanding between the two houses , to the advancing all those great and publick ends , for which the nation hop'd they were called , the ministers found it necessary to put an end to that parliament likewise . we have followed the writers of the declaration through the several parts of it , wherein the house of commons are reproached with any particular miscarriages , and now they come to speak more at large , and to give caution against two sorts of ill men. one sort they say , are men fond of their old beloved commonwealth principles ; and others are angry at being disappointed in designs they had for accomplishing their own ambition and greatness . surely , if they know any such persons , the only way to have prevented the mischiefs which they pretend to fear from them , had been to have discovered them , and suffered the parliament to sit to provide against the evils they would bring upon the nation , by prosecuting of them . but if they mean by these lovers of commonwealth principles , men passionately devoted to the publick good , and to the common service of their country , who believe that kings were instituted for the good of the people , and government ordained for the sake of those that are to be governed , and therefore complain or grieve when it is used to contrary ends , every wise and honest man will be proud to be ranked in that number . and if commonwealth signifies the common good , in which sence it hath in all ages been used by all good authors , and which bodin puts upon it , when he speaks of the government of france , which he calls a republick , no good man will be asham'd of it . our own authors , the mirror of justice , bracton , fleta , fortescue , and others in former times . and of latter years , sir thomas smith , secretary of state in the reign of queen elizabeth , in his discourses of the commonwealth of england , sir francis bacon , cook , and others , take it in the same sense . and not only divers of our statutes use the word , but even king james in his first speech unto the parliament , acknowledgeth himself to be the servant of the commonwealth ; and king charles the i. both before and in the time of the war , never expresseth himself otherwise . to be fond therefore of such commonwealth principles , becomes every englishman ; and the whole kingdom did hope , and were afterwards glad to find , they had sent such men to parliament . but if the declaration would intimate , that there had been any design of setting up a democratial government , in opposition to our legal monarchy , it is a calumny just of a piece with the other things which the penners of this declaration have vented , in order to the laying upon others the blame of a design to overthrow the government , which only belongs unto themselves . it is strange how this word , should so change its signification , with us in the space of twenty years . all monarchies in the world , that are not purely barbarous and tyrannical , have ever been called commonwealths . rome it self altered not that name , when it fell under the sword of the caesars . the proudest and cruellest of emperors disdained it not . and in our days , it doth not only belong to venice , genoua , switzerland , and the united provinces of the netherlands , but to germany , spain , france , sweden , poland , and all the kingdoms of europe . may it not therefore be apprehended that our present ministers , who have so much decried this word so well known to our laws , so often used by our best writers , and by all our kings until this day , are enemies to the thing ? and that they who make it a brand of infamy to be of commonwealth principles , that is , devoted to the good of the people , do intend no other than the hurt and mischief of that people ? can they in plainer terms declare their fondness of their beloved arbitrary power , and their design to set it up , by subverting our ancient legal monarchy , instituted for the benefit of the commonwealth , than by thus casting reproach upon those who endeavour to uphold it ? let the nation then to whom the appeal is made , judg who are the men that endeavour to poison the people , and who they are who are guilty of designing innovations . bracton , tells us , that potestas regis , is potestas legis : it is from the law that he hath his power ; it is by the law that he is king , and for the good of the people by whose consent it is made . the liberty and welfare of a great nation , was of too much importance to be suffered to depend upon the will of one man. the best and wisest might be transported by an excess of power trusted with them ; and the experience of all times showeth , that princes , as men , are subject to errors , and might be misled . therefore ( as far as mans wit could foresee ) our constitution hath provided by annual parliaments , edw. . cap. . that the commonwealth might receive no hurt ; and it is the parliament , that must from time to time correct the mischiefs which daily creep in upon us . let us then no longer wonder , when we see such frequent prorogations and dissolutions of parliaments ; nor stand amazed at this last unparallell'd effort of the ministers , by this declaration to render two parliaments odious unto the people . they well know that parliaments were ordain'd to prevent such mischiefs as they design'd , and if they were suffered to pursue the ends of their institution , would endeavour to preserve all things in their due order . to unite the king unto his people , and the hearts of the people unto the king ; to keep the regal authority within the bounds of law , and perswade his majesty to direct it to the publick good , which the law intends . but as this is repugnant to the introduction of arbitrary power and popery , they who delight in both cannot but hate it , and choose rather to bring matters into such a state as may suit with their private interests , than suffer it to continue in its right channel . they love to fish in troubl'd waters , and they find all disorders profitable unto themselves . they can flatter the humor of a misguided prince , and increase their fortunes by the excesses of a wastful prodigal ; the frenzy of an imperious woman is easily rendred propitious unto them , and they can turn the zeal of a violent bigot to their advantage ; the treacheries of false allies agree with their own corruptions ; and as they fear nothing so much as that the king should return unto his people , and keep all things quiet , they almost-ever render themselves subservient to such as would disturb them . and if these two last parliaments , according to their duty , and the trust reposed in them , have more steddily than any other before them persisted in the pious and just endeavours of easing the nation of any of its grievances , the authors of the declaration found it was their best course , by false colours put upon things , and subtil misrepresentations of their actings , to delude the people into an abhorrence of their own representatives ; but with what candor and ingenuity they have attempted it , is already sufficiently made known . and if we look about us , we shall find those who design a change on either hand fomenting a misunderstanding between the king , his parliament and people , whilst persons who love the legal monarchy both out of choice and conscience , are they who desire the frequent and successful meetings of the great council of the nation ▪ as for the other sort of peevish men , of whom the declaration gives us warning , who are angry at the disappointment of their ambitious designs ; if these words are intended to reflect on those men of honour and conscience , who being qualified for the highest employments of state , have either left , or refused , or been removed from them , because they would not accept or retain them at the price of selling their country , and enslaving posterity : and who are content to sacrifice their safety as well as their interest for the publick , and expose themselves to the malice of the men in power , and to the daily plots , perjuries , and subornations of the papists . i say , if these be the ambitious men spoken of , the people will have consideration for what they say , and therefore it will be wisdom , to give such men as these no occasion to say , that they intend to lay aside the use of parliaments . in good earnest , the behaviour of the ministers of late , gives but too just occasion to say , that the use of parliaments is already laid aside . for tho his majesty has owned in so many of his speeches and declarations , the great danger of the kingdom , and the necessity of the aid and counsel of parliaments , he hath nevertheless been prevailed upon to dissolve four in the space of months , without making provision by their advice suitable to our dangers or wants . nor can we hope the court will ever love any parliament better , than the first of those four , wherein they had so dearly purchased such a number of fast friends ; men who having first sold themselves , would not stick to fell any thing after . and we may well suspect they mean very ill at court , when their designs shock't such a parliament . for that very favourite parliament no sooner began in good earnest to examine what had been done , and what was doing , but they were sent away in haste , and in a fright , though the ministers know they lost thereby a constant revenue of extraordinary supplies . and are the ministers at present more innocent , than at that time ? the same interest hath the ascendant at court still , and they have heightned the resentments of the nation , by repeated affronts ; and can we believe them that they dare suffer a parliament now to sit ? but we have gain'd at least this one point by the declaration , that it is own'd to us , that parliaments are the best method , for healing the distempers of the kingdom , and the only means to preserve the monarchy in credit both at home and abroad . own'd by these very men who have so maliciously rendred many former parliaments ineffectual , and by this declaration have done their utmost , to make those which are to come as fruitless , and thereby have confessed that they have no concern for healing the distempers of the kingdom , and preserving the credit of the monarchy ; which is in effect to acknowledge themselves , to be what the commons called ●hem , enemies to the king and kingdom . nothing can be more true , than that the kingdom can never recover its strength and reputation abroad , or its ancient peace and settlement at home , his majesty can never be relieved from his fears and his domestick wants , nor secure from the affronts which he daily suffers from abroad , till he resolves not only to call parliaments , but to hearken to them when they are called . for without that , it is not a declaration , it is not repeated promises , nay it is not the frequent calling of parliaments which will convince the world , that the use of them is not intended to be laid aside . however we rejoyce , that his majesty seems resolved to have frequent parliaments , and hope he will be just to himself , and us , by continuing constant to this resolution . yet we cannot but doubt in some degree , when we remember the speech made jan. . to both houses , wherein he told them , that he was unalterably of an opinion , that long intervals of parliaments were absolutely necessary ▪ for composing and quieting the minds of the people . therefore which ought we rather to believe , the speech or the declaration ? or which is likely to last longest a resolution or an unalterable opinion , is a matter too nice for any but court-criticks to decide . the effectual performance of the last part of the promise , will give us assurance of the first . when we see the real fruits of these utmost endeavours to extirpate popery out of parliament ; when we see the d. of york no longer first minister , or rather protector of these kingdoms , and his creatures no longer to have the whole direction of affairs ; when we see that love to our religion and laws is no longer a crime at court ; no longer a certain forerunner of being disgrac'd and remov'd from all offices and employments in their power ; when the word loyal ( which is faithful to the law , ) shall be restored to its old meaning , and no longer signifie one who is for subverting the laws ; when we see the commissions fill'd with hearty protestants , and the laws executed in good earnest against the papists ; the discoverers of the plot countenanc'd , or at least heard , and suffered to give their evidence ; the courts of justice steady , and not avowing a jurisdiction one day , which they disown the next ; no more grand juries discharg'd , lest they should hear witnesses ; nor witnesses hurried away , lest they should inform grand juries ; when we see no more instruments from court labouring to raise jealousies of protestants at home , and some regard had to protestants abroad ; when we observe somewhat else to be meant by governing according to law , than barely to put in execution against dissenters , the laws made against papists ; then we shall promise our selves not only frequent parliaments , but all the blessed effects of pursuing parliamentary councels , the extripation of popery , the redress of grievances , the flourishing of law● , and the perfect restoring the monarchy to the credit , which it ought to have ( but which the authors of the declaration confess it wants ) both at home and abroad . there needs no time to open the eyes of his majesties good subjects , and their hearts are ready prepared to meet him in parliament , in order to perfect all the good settlement and peace , wanting in church and state. but whilst there are so many little emissaries imployed to sow and encrease divisions in the nation , as if the ministers had a mind to make his majesty the head of a faction , and joyn himself to one party in the kingdom , who has a just right of governing all ( which thuanus lib. . says , was the notorious folly , and occasioned the destruction of his great grand mother mary queen of scots ) whilst we see the same differences promoted industriously by the court , which gave the rise and progress to the late troubles , and which were once thought fit to be buried in an act of oblivion . whilst we see the popish interest so plainly countenanced , which was then done with caution ; when every pretence of prerogative is strained to the utmost height ; when parliaments are used with contempt and indignity , and their judicature , and all their highest priviledges brought in question in inferior courts , we have but too good cause to believe , that tho every loyal and good man does , yet the ministers and favourites , do but little consider the rise and progress of the late troubles , and have little desire or care to preserve their country from a relapse . and who as they never yet shewed regard to religion , liberty or property , so they would be little concern'd to see the monarchy shaken off , if they might escape the vengeance of publick justice , due to them for so long a course of pernicious counsels , and for crowning all the rest of their faults by thus reflecting upon that high court , before which we do not doubt but we shall see them one day brought to judgment . thus have we with an english plainness , expressed our thoughts of the late parliaments and their proceedings , as well as of the court in relation to them , and hope this freedom will offend no man. the ministers , who may be concern'd through their appealing unto the people , cannot in justice deny unto any one of them the liberty of weighing the reasons which they thought fit to publish in vindication of their actions . but if it should prove otherwise , and these few sheets be thought as weak and full of errors , as those we endeavour to confute , or be held injurious unto them , we desire only to know in what we transgress , and that the press may be open for our justification : let the people to whom the appeal is made , judg then between them and us ; and let reason and the law be the rules , according unto which the controversy may be decided . but if by denying this , they shall like beasts recur to force ; they will thereby acknowledg that they want the arms which belong to rational creatures . whereas if the liberty of answering be left us , we will give up the cause , and confess , that both reason and law are wanting unto us , if we do not in our reply satisfy all reasonable and impartial men , that nothing is said by us , but what is just and necessary , to preserve the interests of the king and his people . nor can there be any thing more to the honour of his majesty ; than to give the nations round about us to understand , that the king of england , doth neither reign over a base , servile people , who hearing themselves arraign'd and condemned , dare not speak in their own defence and vindication ; nor over so silly , foolish and weak a people , as that ill designed , and worse supported paper might occasion the world to think , but that there are some persons in his dominions , not only of true english courage , but of greater intellectuals as well as better morals , than the advisers unto , and penners of the declaration have manifested themselves to be . finis . notes, typically marginal, from the original text notes for div a -e edw. . c. . ed. . c. . see the parliament roll , ric. . num . . see the antiq. modo tenend . parliament . * see the declaration prepared by coleman , by the advice of the french king's confessor , for dissolving the parliament to prepare for popery . speech . octob. . speech . apr. . speech . dec. . speech . march . lord chancellor's speech , may , . address presented dec. . address presented nov. . rot. parl. h. . nu. . traitte des droits de la reine . on t cette bien beu●euse impuissance de ne pouvoir rie● faire contre les loys de leur pais . postelius de rebus turcicis . r. . cap. . car. . c. . . confirm'd car. c. . car. . c. , an , & car. c. . tacit. cap. . sect. . pag. . ed. . . rot. parl. ed. . nu . rot. parl. ▪ ed. . m. . rot. parl. ed. . m. . co. . inst. . the new uotes of parliament for the fvther secvring of those officers that are appointed for the ordering of the militia, may votes. - - . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the new uotes of parliament for the fvther secvring of those officers that are appointed for the ordering of the militia, may votes. - - . england and wales. parliament. sheet ([ ] p.) printed for g.w., [london : ] votes in support of the militia and the trained bands of the city of london. imprint from wing; cataloged copy cropped at foot. copy imperfect; closely trimmed; cropped at foot with loss of imprint. reproduction of the original in the harvard university library. eng england and wales. -- parliament -- early works to . london (england) -- history -- th century -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- history -- militia -- early works to . a r (wing e ). civilwar no the new uotes of parliament for the fvther secvring of those officers that are appointed for the ordering of the militia, may . england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the new uotes of parliament for the fvther secvring of those officers that are appointed for the ordering of the militia , may : rosolved . that this house doth declare , that if any person whatsoever shall arrest , or imprison the persons of those lords and gentlemen or any of them , or any other of the members of either house of parliament that shall bee imployed in the service of both houses of parliament , or shall offer violence to them or any of them for doing any thing in pursuance of the commands or instructions of both houses , shall bee held disturbers of the proceedings of parliament and publicke enemies of the state : and that all persons are bound by their protestation to indeavour to brirng them to condigne punishment . that this house doth declare that those of the city of london , and all othar persons that have obayed the ordinance for the malitia , and done any thing in execution thereof , haue done according to the law of the land , and in persuance of what they were commanded by both houses of parliament : and for the defence of king and kingdome , and shall have the assistance of both houses of parliament , against any that shall presume to question them for yeelding their obedience unto the said commands in this necessary and important service : and that whosoever shall obey the said ordinance for the time to come , shall receive approbation and assistance from both houses of parliament . that this house doth declare that they are resolved to maintaine those lords , and gentlemen in those things they have done , and shall further doe in defence of their commands for thepreserving the peace of this kingdome . die martis maii. . ordered by the lords and commons in parliament assembled , that the persons intrusted with the ordering of the militia of the citie of london , shall have power to draw the trained bands of the citie into such usuall and convenient places within three miles of the said citie , as to them from time to time shall seem fit for the training and exercising of the souldiers , & that the said soldiers upon summons shal from time to time appeare & not depart from their colours without the consent of their officers , as they will answer their contempt to the parliament . ioh browne cler. parliam . 〈…〉 the parliament dissolv'd at oxford, march . . from devonshire. flatman, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing p a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the parliament dissolv'd at oxford, march . . from devonshire. flatman, thomas, - . sheet ([ ] p.) [s.n.], edinburgh : re-printed in the year . in verse. caption title. imprint from colophon. attributed to heraclitus ridens [i.e. thomas flatman]. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- poetry. great britain -- politics and government -- - -- poetry. broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the parliament dissolv'd at oxford , march . . from devonshire . under kings three kingdoms grone : go f. dissolve them , charles is in the throne , and by the grace of god will reign alone . what would the commons have ? the royal line heaven does dispose of ; t is not theirs , nor mine , but his by whom kings rule , and are divine . i represent the king of kings who gave , the crown , the sword , the scepter ; what i have ; i am god's servant , not the peoples slave . their frantick votes , and mad resolves i hate : i know a better way to heal a state , than to sin rashly , and repent too late . bid them be gone f. they are damn'd uncivil , to oblidge me to follow them to th'divil , to save three kingdoms i will not do evil . the presbyterian's sick of too much freedom , are ripe for bethle'm ; it 's high time to bleed'em ; the second charles does neither fear nor need 'em . i 'le have the vvorld know that i can dissipate those impolitick mushrooms of our state ; t is easier to dissolve then to create . they shan't cramp justice with their feigned flaws ; for since i govern only by the laws ; why they should be exempt , i see no cause . to the laws they must submit ; 't is in vain e're to attempt to shake off those again : for where charles commands , there must justice reign . when the peoples father does espouse the law , all those who subjects from their duty draw , do viper-like , through parents bosom gnaw . when they attend me next , f. bid them bring calmer thoughts : bid them propose legal things : such as may both become themselves , and kings . this will the joyes of our little world compleat , and all attempts of foreign foes defeat : making the people happy , monarch great . edinburgh , re-printed in the year . finis . the remonstrance of the nobility, barrones, burgesses, ministers and commons within the kingdome of scotland vindicating them and their proceedings from the crymes, wherewith they are charged by the late proclamation in england, feb. . . church of scotland. general assembly. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the remonstrance of the nobility, barrones, burgesses, ministers and commons within the kingdome of scotland vindicating them and their proceedings from the crymes, wherewith they are charged by the late proclamation in england, feb. . . church of scotland. general assembly. henderson, alexander, ?- . aut p. imprinted by iames bryson, edinburgh : anno domini . drafted by alexander henderson. at end: revised according to the ordinance of the generall assembly .. . of march . reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of scotland -- early works to . england and wales. -- sovereign ( - : charles i). -- proclamations. - - -- early works to . scotland -- history -- charles i, - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion the remonstrance of the nobility , barrones , burgesses , ministers and commons within the kingdome of scotland , vindicating them and their proceedings from the crymes , wherewith they are charged by the late proclamation in england , feb. . . edinburgh imprinted by iames bryson anno domini . although the depthes of the counsell of god , and the secrets of the wayes of the most high cannot be sounded nor found out by us , till they be discovered and unsecreted by himself ; yet so far as we can conceive and consider of the course of divine providence in our present affaires , we begin to think , that the lord is about some great work in the earth . for the cup which hath been propined to other reformed kirks is at this time presented unto us : we have used all meanes by our earnest intercessions , by our true remonstrances and humble supplications , to informe his majestie , and to deprecate his wrath : but finde both his eares possessed by the false and spitefull misinformations of the late pretended prelats , and of such as hope to catch some great things in our troubled waters : whereby his majesties wrath waxeth hoter every day : as is too sensible to us his majesties humble and loyall subjects , who were expecting a gracious answer to our last supplication , and may be apparant to all men , by the late proclamation and declaration in england feb. . ordained to be read in every kirk within that kingdome . we are indeed confident and comforted in this ; that the gates of hell shall not prevaile against the cause mantained by us , and that in the end glory shall be to god in the highest by the testimony which shall be given to the kingdome of his son iesus christ now in question , that peace shall be on earth , and good-will and loving kindnesse shall be to the people of god. but in the meane time it cannot but wound our hearts and grieve us sore ; that we are brought to this extremity , that we must either perish under the burthen of so many foule aspersions , or be constrained , to appeare in termes of contradiction against such pieces and proclamations as the malice of our adversaries , prevailing with his majesty , doth lybell and send out continaually against us . although the foresaid proclamation and declaration chargeth us with nothing materiall , which we have not from the sincerity of our hearts and the manifest truth and reasons of our proceedings aboundantly answered before , in our printed protestations , information , and answers unto the declaration made by his majesties commissioner , and unto the bishops their declinatour , yet lest by our silence the cause of god and our innocency in defending thereof , receive the smallest prejudice in the mindes of the well affected , and that we may yet more convince the consciences , if not close the mouthes , of our self-condemned enemies , we shall not wearie to make a summarie repetition and true application of what hath been formerly written at large . the title beareth , . that the proclamation is intended to informe the loving subjects of england ; which is the desire of our hearts , and for which we have laboured ; being confident that all his majesties loving subjects of england , after true and full information , wil allow of our actions , as proceeding from the love of christ , and of our king and countrey , which to us are inseparably joyned , and wherein we are so emulous , that we are heartily grieved , and think our selves heavily wronged , that in love and loyaltie , we should be reckoned second , or inferiour , to any subjects in the christian world . but what truth of information may be expected from our prelats , with their pages and parasites , who can have no hope of rysing again , but from our certaine ruine , all the judicious subjects of england may easily discerne . . the title beareth that by our seditious practises we are seeking to overthrow his majesties regall power under the false pretences of religion . none of all our actions is more challenged of sedition , then our necessarie confession of faith and nationall covenant , wherein we are so far from overturning regall authority , that we declared before god & men that we had no intention or desire to attempt any thing that might turne to the diminution of the kings greatnesse and authority . we could not so much as imagin , that the refusing of the service book , and the rejecting of episcopall government , which two over-turne the frame of gods worship and the discipline of the kirk , as they were here established , should ever have been interpreted to be the overthrowing of regall power ; the pillars of true regall power are religion and righteousnesse , which by our oath we have endevored to establish , and are confident , if we can have them in peace , shall be seen by all the world to be strong supporters of his majesties throne . our practises are called seditious , our carriages tumultuous , our returnes froward and perverse , our intentions traiterous , our informations and declarations infamous lybels , our protestations mutinous , our covenant aband or rather a conspiracie against the lords anoynted , pretended to be with god , that we may with the better countenance do the works of the divell , such as are treasons and rebellions , our preparations for defence hostile , as if the king were our sworn enemy , our aimes to be the invasion of the good subjects of england , to make whole our broken fortunes , our actions increasing and dareing insolencies , our present case a brain-sick distemper , our selves evil and traiterously affected persons , factious and turbulent spirits &c. to which we answer , . it may be that the lord will look on our affliction , and that the lord will requite good for this cursing . blessed are ye when men shall revile you and persecute you , and shall say all manner of evill against you for my sake . . these railing accusations have proceeded from the unchristian hearts of our prelats , who are rageing waves of the sea , foaming out their own shame , and thereby give publick proof , that by the sentence of excommunication from the kirk , they are indeed delivered unto satan , the spirit which now worketh mightily in them . all their revilings against us , shall not draw from us one word , which may reflect upon the kings majestie . they have learned an arte , like unto that practised of old , cunningly to insert the image of their hierarchie , into the kings portract , that no man can do reverence to the one , but he must adorethe other , no man speak , or do , against the one , but he must speak , and do against the other . but we are not unacquainted with their craft , and god hath taught us the way to honour the king , and detest treason , sedition and rebellion , without honour done to them , and without the perfidious acknowledging of their abjured tyrannie . . by two things all men may perceive , that the prelats would have their anger to come to a mischief : the one is , that they use extreme bitternesse of words . yet in this they faile of their end ; that their words are rather common railings and flyting , then sharp , pointed and proper , more labouring to speak all the evill they can devise against us , then to speak any truth against our persons and cause . the other is , that they would ingage his majestie so far in their businesse , that no place may be left to a retreat . but in this also we trust they shall be disappointed , and that they shall never induce his majestie , to act any thing which is not revocable . princes who ought to be common parents , will not make themselves a party ; for that were to overthrow the boat by unequall weight on the one side , and make not only the passengers , but him that sitteth at the helme to perish ; which our prelats have desperatly chosen , rather then to repent , or with ionas to cast themselves in the sea , that they may perish alone . their maxime is old ; when we are dead and gone , let the earth be burnt up with fire . in the narrative we are glad that they judge of our intentions ( which are directly known to god only ) by our proceedings and actions before the world : which against their obloquies and misconstructions we justifie . . by our long suffering the outrages and insolencies of the prelats ; who against the unity of hearts , authority of assemblies , order of ministerie , purity of doctrine and worship and whole reformation of religion in this kirk ( which was the wonderfull work of gods greatest mercy to this kingdome , and the glory of our land ) for no other end , but for satisfying their ambition and avarice ( which are known to be the two great inchanters of naturall men , and have proven cruell harpyes against religion ) they did overturne all ; bringing in for unity , division , for authority of assemblies , their own usurpation , for order of the ministerie , episcopall tyrannie , and for the purity of worship , first humane inventions , and thereafter ( being now grown by their rents and lordly dignities , by their power over the ministers and other lieges , by their places in parliament , councell , session , exchequer , and high commission to a plenipotent dominion and greatnesse ) they frame a book of canons for ruling the kirk and disposing upon religion at their pleasure . and yet all this time the greatest opposition was the zeale of some preachers in giving testimonie to the truth , and sealing the same by their sufferings , and the groaning of the people , and their crying to god , that he would come down and deliver them from these more then egyptian taskmasters . . by the peaceablnesse of our proceedings , ever since we begune to appeare in a publick way of opposition : although their insolencie ascended so high as without consent or knowledge of the kirk , they have framed a service book to be received in all the kirks of the kingdome , as the only forme of gods publick worship , procured letters of horning against ministers for that effect , practised it themselves , and not only discharged some readers and ministers who refused the book , but also obtained a charge , that no man under the paine of death should speak against the bishops or their service book : and yet although the book was brought in without order , and known to be a change of the whole forme of gods worship ; the noblemen , barrones , burgesses , ministers and commons conveening although in a very great number , yet in most peaceable manner without any tumult , did only supplicat most submisly the lords of his majesties councell , and direct their supplications to his majestie for remeeding their just and important grievances . thirdly , when their supplications received no other answer , but terrible proclamations condemning all their meetings and proceedings , and highly allowing the evils which were their grievances ; their complaints against the many haynous crimes of the prelats were not heard , and their distresses still pressing them more ; the supplicants entering into a deeper search of the causes of all their evils , and of the barring of their supplications ; found them to be from themselves and their former perfidious dealing against the covenant of god. and therefore resolved to renew their nationall oath and covenant with solemne humiliation and prayers to god for reconciliation , and for better successe afterward . they resolve also to renew their supplication to the kings majestie for a generall assembly and parliament , as the ordinarie and able meanes to redresse their evils , and essayed all possible wayes of presenting it . they answered to the full all exceptions taken against the covenant , and left nothing undone , which beseemed christian subjects , who honour god and feare the king. fourthly , after many petitions and long exspectation when a generall assembly was conveened by his majesties speciall indiction , and orderly constitute in all the members thereof , in the presence of his majesties commissioner ; we were forbidden to proceed and commanded to rise , without any just cause offered by us . in this extremity of the precipitating of the kirk and kingdome in a world of confusions upon the one side , and of sitting after the interdiction , on the other part , we chosed that course which was warranted by christ , was most agreable to his majesties will formerly manifested , and to the publick weale , as is contained in the supplication of the generall assembly directed to his majestie , whereof no mention is made in the proclamatiō . since that time we have been threatned with armies and hostile invasion from england , against which we have been preparing for our lawfull and necessarie defence , far from the least thought of invading or harming our neighbours . our wayes then have been , after long silence , no other but humble supplications to god and the king , necessary protestations , religious renewing of our nationall covenant , sitting in a generall assembly conveened by his majesties indiction , information and preparation for necssarie defence against open hostility . the particular evidences of our traiterous intentions are expressed in the proclamation to be : first , the multitude of infamous libels stuffed full of calumnies against the kings authority . if any peice coming from us had been here designed , our answere might have been particulare ; and therefore in generall we are bold to affirme , that what hath passed from our hands of that kinde , as it hath been meant to cleare our intentions of disloyalty , so it carrieth nothing with it which can merite so foule an aspersion , all being done both in matter and expression with the highest respect we could conceive to his majesties sacred person and royall authority , and with the best construction of his majesties proceedings . secondly , letters sent to private persons in london and sending some covenanters to privat meetings at london to incite people against the king and to pervert them from their duty ; a traiterous intention we confesse , which will never be so happie as to harboure in a loyall brest . and as we are assured that such missives or messengers were never sent from the covenanters in common ; so must it be , either cunning in the prelates , to alledge that which we cannot prove to be false , or malice to attribute that unto us , which private persons have done from their own motions without our knowledge : that in such a time there should be found libels or licentious discourses , false news running up and down , and letters carrying the names of such authores as never saw them , should seem nothing strange . and whether the search of such things with too great diligence , and the suppressing of them by too much severity , or the neglect and despysing of them by authority , be the best remedie against them , let statesmen judge . it is known when water is stopped one way it runneth asunder and breaketh out many wayes . thirdly , our publick contemning of all his majesties just commands , and our mutinous protesting against them . it is our delight to obey his majesties just commands , and is farre from our hearts to contemne any of his majesties commands , although unjust , or to protest mutinously against them : but to protest in a faire way , and as beseemeth duetifull subjects , is a course customeable , legall and ordinare , and in some cases so necessare for preservation of right , and preventing of evil , that at sometimes it cannot be omitted , and at no time can give just offence . fourthly , the fourth evidence beareth three points , which require particulare answere . . that no covenant or band of that nature is warrantable without civill authoritie . this exception hath been so fully answered from warrands of divine & humane authority , both ecclesiasticall & civill , from the practise of the godly of old , from the example of our religious progenitors , from the continued subscription used in this kirk , and from the nature of the oath it self , which is nationall , that we trust all men , who are not strangers to what we have written , are satisfied to the full , except the prelats & their adherents , who are endlesse in their cavillations , and craftily labour to bring us back again to the beginning of the controversie , that they may ( if it were possible ) undoe what hath been done by us . . that we have rejected the covenant commanded by authoritie , because commanded by authoritie . the reasons not of our rejecting , but of our modest with-holding of our subscription commanded by authoritie are at length set down in our publick and printed protestations , september . and december . in our answer to the declaration made by his majesties commissioner , and in the acts of the late assembly , which properly owneth the publick judgement and interpretation of the confession of faith. in all which it is found that the confession commanded by authoritie according to the meaning put upon it , is in matters of religion , not only contrarie to our subscription in february , but also to the confession as it was meant and professed in the year , and therefore could not be subscribed by us , except we would by manifold perjurie have made our selves transgressours , and have brought upon our selves a farre greater weight of the wrath of god , then the first was , which by our subscription we laboured to avert and prevent . thirdly , that our covenant is a conspiracie against the king pretended to bee with god , for doing the works of the devill . this is a blasphemie , to which we are sure , neither the kings majestie , nor any fearing god , can be accessory , and which addeth much to our confidence , that the lord hath ratified in heaven the curse pronounced upon the prelates , that he will reprove the words which hee hath heard uttered by them , and that their work shall not prosper : and therefore comforting our selves in the lord our god , who hath been pleased by so many signes and undenyable evidences , to countenance and confirme our covenant , we bring against them no railing accusation , but say , the lord that hath chosen ierusalem rebuke them , and save the king. lastly , our hostile preparations to invade england : against which as much hath been said and sworne by us in our late informations , as we trust hath given satisfaction to all good subjects there , although they had been so uncharitable , which we will never beleeve , as hastily to have embraced such reports . our best actions , & which ought to give to that kingdome greatest contentment , will never by them be wrested to that sense : and although the prelates in the mood of despaire to recover their losses , except by our ruine , traduce us to be desperate hypocrites , yet the event will bear witnesse , that we have spoken , as men fearing the great name of our god , with whom we have reneued our covenant ; and who , when his time commeth , will be avenged , whither upon our hypocrisie , or their calumnie . yet our enemies , seeking the way to make suspicion , where no cause is , have given out , that many , and some of the chiefest amongst us , are men of unquiet spirits , and broken fortunes , &c. but in this they have been evil advised . for suspicions among thoughts , are by wisemen compared with bates among birds , which flee not at the no one-day , but in the time of twilight . it is known by all , who are acquainted with this countrey , that almost the whole kingdome standeth to the defence of this cause , and that the chiefest of the nobles , barrons , and burgesses , are honoured in the places where they live for religion , wisedome , power , and wealth answerable to the condition of this kingdome ; that the meanest of the commons who have joyned in this cause , are content of their meane estates , with the enjoying of the gospel ; and no lesse known , that our adversaries are not for number , any considerable part of the kingdome , and that the chiefest ( setting aside some few states-men , & such as draw their breath from court ) are known athiests , or professed papists , drowned in debt , denounced his majesties rebels , for a long time past , are under caption of their creditours , and have already in their imaginations divided amongst them the lands of the supplicants , which they hope to be possessed in , by the power of england . but we hope that by this shift they may well be worse , but they shall be no better . in the meane time against all these calumnies , the lord from heaven hath looked upon the integritie of our hearts , and in his wisedome hath found the way to clear our innocencie . for beside our supplication to the councel ian. . for this end , and our late information to england feb. . we have the publick testimonie of the councel of the kingdome to make it known . a letter sent to england from one george sterlin in edinburgh , with the advise of iohn sterlin commissar of wigtoun both in neer relation to the late pretended b. of galloway , did come to our hands , bearing what the prelates now say ; this was exhibited to the councel , feb. . & . with our complaint , supplication , attestation of the great name of god , and our own consciences , and offer of our subscription , or any other meane of purgation to the contrare , whereupon the lords of privie councel , sent up our supplication to the kings majestie , with their own , wherein they humbly supplicate , lest upon such informations , his majestie should be more easily moved to think upon harder courses , than he had heretofore been pleased to keep with his majesties ancient and native kingdome and subjects ; that his majestie in his accustomed fatherly care of the good and preservation of this kingdome , would be pleased , to resolve upon some such course , as without force of armes , or shewing of his princely power , the estate of this kingdome may be setled , as may be seen at greater length in the letter it self . we are challenged here also as usurpers of regall power . first , because we have taken upon us to command the print , and forebidden and dismissed the printer , whom his majestie established . this is the old complaint of the popish prelats against our reformers in the yeare . and very untruly by their successours renewed against us : for we have neither dismissed nor forbidden the printer , who still hath his liberty , and residence in edinburgh . nor doth the act of the generall assembly , which we take to be here meant , containe any thing that can be construed to be the usurpation of regall power , or the smalest diminution of the priviledges royall about printing . it only forbideth under the paine of kirk censure to print any piece that concerneth the kirk , without warrand of the kirk : a power belonging to the kirk in all kingdomes , and ordinarly used in this kirk , not only in the times of popery , but since the reformation , as is manifest by diverse acts of assemblies censuring abuses of printing , appointing some treatises to be printed , and naming some to revise what was to be put to the presse . neither must we think that the nationall kirk is shorter in her liberties of this sort , then our universities are , who without restraint , use their own liberty ; nor will any man think , that schollers shall have the liberty to print their propositions yearly , without controlement , and liberty shall be denied to the generall assembly to print their acts and constitutions . particulare professours use to publish their treatises with adjurations of printers ( because they have no further authority ) that they print them not in another edition , nor in another character : and shall not the kirk make use of that authority which god hath granted her for her own peace and the good of religion ? secondly , because we have conveened the subjects , raised armies , blocked up and besieged his majesties castles &c. so many of these heavy challenges as have any shew of truth , are so fully and plainly answered in our last protestation decemb. . that as the prelats needed not to make the objection , so need we to make no new answere . in our last information intended for england , besides that the true , honest and loyall expressions of our hearts , are taken to be false , base and fawning passages : we are particularly challenged of two scandalous and most notorious untruths : first , that the armies now raised , are in the hands of papists . so indeed were we informed , and therefore spake with this caution ( as we are informed ) and why shall not the captaines and leaders of the armie , be sutable to the prime movers , the cause , and end of the work , all which smell of rome and of popery ? the other untruth is , that some of power in the kirk of england have been the cause of taking armes for invasion of this kingdome and of medling with our religion . this we offer to verifie both by write , and by the deposition of prime stats-men and councellours , against some kirk-men there , namely against canterburie himself , that he did negotiate with rome , about the frame of our service book and canons , that with his own hand he altered , and interlyned diverse passages thereof , tending to conformity with rome : a plot so perilous , that had not the lord disappointed it , first , scotland and then england by him , and such as cooperate with him , had become , in their religion , romish . his reprinted conference with m r. fisher , will not serve to vindicate his reputation . and therefore we earnestly intreat all in england , that affect the truth of religion , and the kings honour , and all true patriots that love the liberty , of the kingdome , to supplicate his majestie for calling a parliament there , that this mysterie of iniquity which hath been in working this time past may be discovered , and the prime agents therein , according to their demerits may be tryed and punished , and that this craft and treacherie , in joyning both kingdomes in a bloody war , that by weakning both , rome may be built in the midst of us , and the pope in end set over all , may be seen and disappointed , that god may have his own glory , the king his honour , and his subjects may be in safety , from forraine tyraine over their bodies , and soules . least the prelats should passe any point true or false that may serve their turne ; this also is laide to our charge ; that the kings lawes are in a manner oppressed by us , in so much that the judges are so awed as they dare hardly proceed according to law . the prime judges of the land remember , that by them justice hath been refused us , according to law ; not from their own disposition , but for feare to offend against missives procured against us : we must also now remember , that having of late requyred letters of horning and caption , against the excommunicate prelats , conforme to the act of parliament : whereof they use not to deny the common benefite to the meanest subject ; the lords of session resolved upon a letter to be sent to his majestie march . wherein they bring his majesties pleasure , signified by his majesties command , and otherwise , as the only cause of refusing these letters , according to the act of parliament , and withall joyn their most ardent desires and humble wishes for such peace and quietnesse to the kingdome , as it hath injoyed before . which evidenceth that not only the laws , but the judges are for us , and that from conscience of their duty to god , the king and countrey , and not from feare and aw from us . to make all that hath been said the more credible , it is alledged that some of us refuse both the oath of alledgeance and supremacie , and publickly mantaine that we are not oblidged to take the same , and that three scotishmen taken in wales , are at this day , imprisoned for denying these oathes . we can say nothing of these taken in walles , neither there persons nor their purposes being known to us . it seemeth that the inquisition is hote there . but for our selves , although there be a difference betwixt the oath of alledgeance , and supremacie , and we cannot take the oath of supremacie as it is extended , and glossed by the flattering prelats , yet we heartily rander that to his majestie which is due and useth to be given by reformed and sound divines to the civill magistrate , knowing that the fifth command containing the duty of subjects to their princes and rulers , is the first commandment of the second table , and that our confession of faith , acknowledgeth his majestie to be the lordsvice-gerant on earth : to whom the conservation and purgation of religion , doth belong . as this is the conception which our enemies have begotten in his majesties minde against us , so may we learne by this declaration , what his majesties intentions are against this kirk and kingdome , and what birth may be looked for , if divine providence by changing the heart of our king , or by some other way known to himself , make not an abortion , or chock it in time . for first , through the incurable superstition and inveterate malice of the prelats against the reformed religion , declaration is made , that by introducing the service book , there was not the least thought of innovation of religion , but meerly to have a conformity with the worship of god which is observed in both the other kingdomes ; though evil minded men have wrested somethings in it to a sinistrous sense . thus the service book is still no innovation of religion , but by our sinistrous sense , is made to seem so : conformitie with the worship of god in other kingdomes , is urged upon us , as if we were , tabularasa , and had not a forme of worship established by the acts of the kirk and laws of the kingdome : meerly to have conformity is averred , although the manifold litures and interlynings of the service book , used in both the other kingdomes testifie the contrare , by the hands of our own prelates and of canterburie himself . hence wee must pay for abusing the book , and the book it self must in the own time be received . secondly , through the pride and greed of our prelates , episcopall government must be retained as it is established by acts of parliament ; as known to the whole world to be most christian in it self , most peaceable for the civill estate , most consonant to monarchicall government , and without which the parliament will not stand compleat of three estates : although the truth is , there be no act of assembly , nor of parliament for that office in this kingdome , that it is known to reformed christendome , rather to be antichristian in it self , most prejudiciall to the peace of the civill estate , and hath in all nations proven the most pernicious enemy to monarchs , and true monarchicall government . and that the parliament hath been , may be , and is in the nature thereof , compleat and perfect without this excrescence . hence bishops we must have jure divino to serve the will of the prince in the worship of god , and these as lordly as ever before . thirdly , no covenant must be indured to which the kings majestie shall not consent , and our covenant only pretended to be with god , that we may with better countenance do the works of the devill , such as are treasons and rebellions . hence our covenant can be no more endured then treason and rebellion , and the covenanters either renounce god , so solemnly attested by them , or punished as rebels and traitours . fourthly , the question is conceived to bee no more about the service book and episcopall government : but whether the kings majestie shall bee our king or not : and is determined that we have stricken at the very root of kingly government , vilified the regall power in his majesties person , and assumed it to our selves . fifthly , it is declared , that his majestie is forced to take armes to establish and set his kingly authority right here , to make the best of us see , that he will indure no such covenant as we have made . hence resolution is taken and declared , that for establishing the service book and episcopall government , for abolishing of our covenant , and for being avenged on us , as rebels and traitours , his majestie cometh in a hostile war , with all the power that can be raised in england , by all other meanes and by this proclamation , which is ordained to be reade in time of divine service , in every kirk within the kingdome , for that effect . our part in this case is to resolve , whither we will , with sin and shame lie under the pressing weight of so many foule aspersions , as rarely in the worst times have been laide upon christians , receive the service book , as the only forme of divine worship , which is declared by the assembly to be a masse of errours , superstition , idolatry and antichristian tyrannie , welcome home againe our prelats and their abjured government , condemne our reformers and the glorious work of reformation , renounce our covenant and be so many times perjured as we have sworne and subscribed the same , losse all our labours and paines , bestowed for so large a time in so good a cause , open with our own hands a wide doore , and by our example shew a brode way for the entring of popery & of all changes in religion hereafter , lay a stumbling block in the kings way to the kingdome of heaven , and hinder the queens conversion , give offence to all the reformed kirks who have been praying for us , harden the hearts and strengthen the hands of all the enemies of the truth at home and abroad , make our selves an odious spectacle to men and angels , forget our bygone slavery and our wishes for redemption , deny our own experience of the mercy truth and power of god , so many times , and so many wayes , to our unspeakable comfort , manifested this time by-past , losse the posterity and the children that shall come after us , who shall mourne in misery for our misdeeds , make the faces of so many to blush and be ashamed , because of us , leave nothing but laments to our friends and jubilees of joy to our enemies , interrupt the march of the lord of hosts upon the earth , and wrest his dis-played banner out of his hands , pull the crown from the head of christ our judge , our lawgiver and our king , grieve and resist the holy ghost , pull down the golden-candlestick and put out the light , and bring all the plagues that are written in the book of god upon us , so that all nations shall say , wherefore hath the lord done this unto this land ? what meaneth the heate of this his great anger ? then men shall say because they have forsaken the covenant of the lord , therefore are these evils come upon them ; a word of defection could no sooner come from our mouthes but the horrour of hell should enter in our souls : or rather on the contrary use the power which god hath put in our hands , not for invading england , or doing the smalest harme to any of the people of god who trouble not our peace ; cursed be the breasts that harbour such intentions , and the hands that execute them , but meerly for our own defence and safety against armed violence and unjust invasion . and therefore where it is demanded in the proclamation what we will defend ; we answere ; not our disobedience but our religion , liberties and lives : and where it is asked against whom we will defend ; least our intentions or actions should be mistaken , by such as are not acquainted with our case , or misconstrued , as contrary to the doctrine of sound divines , or to the laudable practises of christians of old , or of late , we desire that distinction may be made , and difference put between the king resident in the kingdome , and by opening his ears to both parties , rightly informed , and the king farre from us in another kingdome , hearing the one partie , and mis-informed by our adversaries : between the king as king , proceeding royally according to the laws of the kingdome against rebels , and the king as a man comming down from his throne ( at the foote where of the humble supplication of his subjects lyeth unanswered ) & marching furiously against his loyall and weal-meaning people : between a king who is a stranger to religion , and tyed no further , but according to his own pleasure , to the professours of religion , living in his dominions , and our kiug professing with us the same religion , and obliged by his fathers deed , & his own oath , to desend us his own subjects , our lives , religion , liberties & laws : again , difference would be put , between some private persons taking armes for resistance , & inferiour magistrats , iudges , councellors , nobles , peeres of the land , parliament men , barrons , burgesses , and the whole bodie of the kingdome ( except some few either courteours , stats-men , papists , or popishly affected , and their adherents ) standing to their own defence : between subjects rising , or standing out , against law and reason that they may bee freed from the yoke of their obedience , and a people holding fast their alledgeance to their soveraigne , and in all humilitie supplicating for religion and justice , between a people labouring by armes to introduce novations in religon contrarie to the laws , and a people seeking nothing so much as against all innovations , to have the same religion ratified , which hath been professed since the reformation , and hath not only been solemnely sworn long since by the kings majestie , and by the whole kingdome both of old and of late , but also commanded by the kings majestie to be sworn by his counsellours , and commanded by his councell to bee subscribed by all the people as it was professed at first : between a people pleading for their own phantasies and foolaries , or inventions , and a people suspending their judgement and practise about things controverted , till they should be determined by a nationall assembly , the only proper and competent judicatorie , and after determination , receiving and standing for the conclusions of the assembly . whither in this case , and matters so standing , wee shall stand to our own defence , we are taught by the light and law of nature , by the word of god in the old and new testament , by the covenant betwixt the people and god , by the end for which magistrates are ordained of god , by our standing in our order and line of subordination under god , the great superiour , when our immediate superiours go out of their line & order , by the testimonies of the best divines and sound politicians and lawyers , even such as pleadmost contra monarchomachos , by the mutuall contract betwixt the king and the people at the coronation , by acts of parliament , and by the example of our own predicessours . and now for our brethren and neighbours , in england , whose eares , we suppose , have been filled with this proclamation in their particular kirks ; from that honour which we ow unto authoritie , as the ordinance of god , and from the naturall and loyall affection which we bear unto our king and dread soveraigne , borne and baptized amongst us , we are unfainedly , and from our hearts grieved that first his sacred eares should be so farre possessed , and next his royall name so farre abused by wicked men , as to receive and give way to so many absurd and incredible false calumnies against a whole nation , his own native countrey and kingdome ; it is too manifest how extremly pernitious , and damnageable are calumnies , especially universall ones of this kinde , and therefore to represse them , ought not any law or ordinance be spared , that may serve to the purpose ; from that love which is due from us unto them , to whom in verie many respects , and by many strong bands naturall , civill and spirituall , we are sibber and more nearly joyned , then to any other nation or people on earth , wee are heartily sorie that their kirks and hearing are taken up with such discourses and would wonder at their credulitie , if they should be beleeved by them ; yet because speeches may be the seminaries of sedition , even amongst brethren , who are at greatest distance when they have once begun to divide and discord , we must intreat ( if with so wise a nation there be any need of intreatie ) that they will not upon any declaration which they have heard , be suddenly stirred to attempts against us to our mutuall hurt , or with a golden hook to catch so small commodities , as may bee hoped for in such a warre , and by so doing , make both nations a mocking to strangers , and this yland which hath been blessed with so long a peace , to be a field of blood , and a prey to our common enemies , who now for many years have been looking upon us with an evil eye , and are still waiting for an evil houre : that when they hear of any of our preparations for defence , or of any of our actions which to us are so necessarie , that without them our defence is impossible , and wherein there is no wrong done , or intended against them ; they will judge charitably of us , and of our doings in such an exigent and extremity , as this is , and that they will wisely and christianly , supposing our case to be their own , make use of that common rule of equity , what soever ye would that others did to you , do ye even so to them . that hereafter , reports and declarations made against us by our enemies , be not suddenly beleeved ; since the authours , from the conscience of their own deceitfull dealing , publish them amongst the english only , who cannot controle the untruth of them , and keep them up from the knowledge of this kingdome , where they cannot abide the common light and triall , every one of the commons knowing their forgerie and falshood , and when any of them happen to come to our hands , the difficultie and danger is so great in carying our answers , and the true information , as matters now stand , unto their knowledge . and that they will at last , both poure forth their prayers to god and their supplications to the king in our behalf ; and if need be , use their power for our lawfull defence against merce-naries and wicked men the sons of beliall . are we not their own brethren , their own flesh and bone ? are we not all under one roof , in one and the same shipe , and members of one body ? their religious progenitours at the time of reformation vouchsafed us their help and assistance for establishing the reformed religion , neither have we so evill deserved , nor are they so far degenerated , as that we have reason to feare , that we shall be deserted by them at this time , the cause being the same , the case not much different and the persons only changed , our salvation is common . let us together earnestly contend for the faith which was once delivered to the saints , that mercy peace , and love may be multiplied unto us . considering also how far our late actions against the persons of our greatest enemies and the chief strengths of the kingdome , as of the castle of edinburgh , &c. are subject to the obloquies of such , as have to the worst sense wrested all our former counsels and necessary conclusions ; and may be mistaken by our friends , who looking at a great distance , cannot well perceive the ripenesse of the occasion and opportunity of our doing , we judged it necessary for silencing the one , and for satisfying the other , to make known to all , how we were driven to this by the present exigence of our affaires for our lawfull and necessary defence . it cannot be unknown to all the subjects of this kingdome , what have been the terrours and threatnings of diverse proclamations at home , as of that , iuly . and of the other decem. . and to many it is known also what missives have been directed to the nobles and gentlemen of england , for attending the royall banner at yorke april . and what proclamations have been made in england , both that of the date ianu. . and above all the last declaration feb. . condemning our loyall proceedings , our humble supplications , our legall protestations , our true and modest informations , and our very intentions ( after we have attested god so many times and so solemnly on the contrare ) as false and traiterous , our selves as rebels and traitours , and therefore denouncing war in the most hostile manner against us . we are not ignorant what letters have been sent to some of our cold-friends , to excite them , and some of our professed enemies , to embolden and strengthen them against us , with moneys and munition , and with directions and order for the wayes of their combination and running together with their forces ; and on the other side , of the large promises and bold undertakings , of our dis-natured countrey-men , some at court and others at home , to mak up armies of so many thousāds in the north and south parts of the kingdome , for environing us on all sides . the scotish councelours , nobles , and gentlemen about court are made to subscribe the kings covenant with this addition ; that they shall not acknowledge the late generall assembly , that they shall not adheare to the late covenant and band sworn and subscribed by us ; and that they shall oppose against us to the best of their power as they shall be directed by his majesties command ; according to these warnings and preparations , the kings houshold hath entered on their journey , monday last march . the king himself taketh post wednesday next march . intending on the third day to be at yorke , or new-castle , to march forward with his forces , the scotish noble-men appointed to come home , accompanied with skilled commanders to draw together their friends and followers , to put them in order , and under their generall the marquesse of hammilton to joyn with our forraine enemies attending the kings majestie . the earl of lind-sey goeth to sea with . of the kings great ships furnished with three thousand souldiours , to come in their expedition to such places of this kingdome , as their commission , when it is unsealed , shall command them ; six hundreth hors-men are to be sent presently towards scotland , to infest the borders , our enemies at home are waiting for their comming ; our excommunicate prelats and their adhearents are fled to england ; the lands and estates of noblemen , of chief barrones & burgesses , who have joyned in this cause , are designed as a spoil to be parted amongst our enemies . while matters stand thus , and the maine confidence of our adverse partie and pursuers is placed in our divisions , in the power of some papists and others of note amongst our selves , and in some places which are appointed to be strengths for defence of the kingdome against forraine invasion ( as is at length cleared in our protestation ) especially the castle of edinburgh , a chief member of our incorporation and the place of our meetings ; there was no time for longer delay , but in this extremity we must either do or die either defend our selves or come in the reverence of our enemies , whose mercies are cruell . and therefore such dispatch , as ye have heard , in matters necessarly serving for our defence , hath been used in edinburgh and in other parts of the land . where this work will end , the lord whose work it is , and who hath led us so far on , he knoweth ; and as we resolve to stay where we finde not his presence going with us : so are we able to justifie what we have now designed and done , to the consciences of all men : shall defence be necessary , and shall the necessary meanes , without which there can be no defence , be judged unlawfull ? may we not prevent the blow as lawfully , as repell it ? is not the taking of the weapons out of the hands of our boasting enemies and the apprehending of such as draw the kings majestie to so hard courses against his subjects , as lawfull , as the defensive war it self , and is it not more safe both for the king and the kingdome , then to take them in battell ? the law both naturall and civill teacheth , that ad defensionem sufficit , quod praecedat offensa vel justus timor offensae , nec debet quis expectare primum ictum : melius enim juraintacta servare , quam post vnlneratam causam remedium quaerere . quando praecedunt signa & actus manifestae offensionis , & quando aliter nos met tueri non possumus tum inculpata ac necessaria dicitur tutela , a● in dubio insultatus quicquid facit in incontinenti praesumitur ad sui defensionē facere . it is enough for defence that offer of offēce , or just fear of offence go before . all our reasons for lawfull defence and for guarding the castle of edinburgh , militate for us in the surprysall thereof in this case and at this time . this necessary prevention was the practise of france , of holland , of germanie , and of our own nation , when for the defence of their religion or liberties they took armes , which they offered alwayes to lay down how soon they should be secured ; likeas we declare at this time , that we take armes not for invasion , not for alteration of the civill government , not for wronging any mans person , or to possesse what belongeth to any man , but for the defence of our religion , liberties and lives . that even when we hold our sword in the one hand , we will present our humble supplication to his sacred majestic with the other ; that how soon our supplication is granted , our selves secured , and the peace of the kirk and kingdome setled , we shall suffer our swords to fall from us , shall leave nothing in our power unperformed for perfect pacification , and shall vow to live and die in obedience to his majesties laws , and mantainance of his majesties royall person and authority , which we heartily wish and earnestly pray , that god would incline his majestie to heare , before matters be desperate , and the rupture become uncurable . revised according to the ordinance of the generall assembly , by me m r. a. ihonston clerk thereto : edinb . . of march . finis . notes, typically marginal, from the original text notes for div a -e . sam. . . mat. . . alderman fowke's speech at the delivery of a petition from the lord mayor, aldermen and commons in common councill assembled to the parliament of england concerning their militia and the parliaments answer thereunto. fowke, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) alderman fowke's speech at the delivery of a petition from the lord mayor, aldermen and commons in common councill assembled to the parliament of england concerning their militia and the parliaments answer thereunto. fowke, john, d. . p. printed by iohn redmayne ..., london : . caption title. imprint from colophon. reproduction of the original in the harvard university library. eng england and wales. -- parliament. great britain -- history -- commonwealth and protectorate, - . great britain -- militia. a r (wing f ). civilwar no alderman fowke's speech at the delivery of a petition from the lord mayor, aldermen and commons in common-councill assembled to the parliame fowke, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion alderman fowke's speech at the delivery of a petition from the lord mayor , aldermen and commons in common-councill assembled to the parliament of england concerning their militia . and the parliaments answer thereunto . published by authority . the house received a report from the committee appointed yesterday to go into the city , that they had been with the lord mayor and aldermen of the city of london , and acquainted them with the votes of the parliament , and that the city was so forward to expresse their affections to the parliament , that notwithstanding the great decay of trade and poverty of the city , they did offer to advance l. towards the present supply of the army and navy ; and did therefore humbly request the parliament to appoint some of the aldermen of the city to receive the assessement , that they may be reimbursed out of the said assessement . the house being informed that divers aldermen and common council men were at the door , they were called in ; and being come to the bar , ●lderman fowke , in the names of the rest , in a significant speech expressed himself , the heads whereof followeth , that the lord mayor , aldermen , and common council of the city of london , being sensible of the goodnesse of god in uniting the parliament , and restoring the members to the discharge of their trust ; thought it their duty upon their first meeting to give glory to god , and had set apart tuesday next for a day of thanksgiving ; that they acknowledge it their duty in their humble thanks for the favour of the parliament expressed in their late votes , and the seasonablenesse of it , that though they had been laid low , and had not fully answered what had been expected from them , and had been lookt upon as persons disaffected to the parliament ; though they were in some things dissatisfied , yet they were ever well-willers to the parliament . he did with thankfulnesse own the resolutions of the parliament in restoring the members that were imprisoned , and in ordering their gates , portcullices , posts and chains to be set up at the publike charge of the state . that the confidence the parliament put in the city would not be misplaced , nor their expectation frustrated : that the city did congratulate the happy return of the parliament : that they found some persons for a monarchicall , some for a common-wealth , and some for no government at all : the last they did abhorre ; for the other , they would not presume to direct , but should acquiesce in , and submit to the determinations of parliament . and concluded with an humble desire , that the militia of the city might be put into such hands as the city might confide in , and to that end tendered a list of names of commissioners for their militia , yet with humble submission to the iudgement of the parliament , and thereupon delivered the petition . after the petitioners were withdrawn , their petition was read , and was addressed to the parliament of england ; and entituled , the humble petition of the mayor , aldermen , and commons of the city of london in common council assembled ; which , together with a list of the names of the commissioners for the militia presented , were read . the petition is as followeth : to the parliament of england , the humble petition of the mayor , aldermen and commons of the city of london in common council assembled . sheweth , that the petitioners in a deep sence of what the city of london hath lately suffered by misapprehensions of their affections to the parliament of england ( to which in all times they have constantly adhered ) doe humbly adore that gracious god , who hath so mercifully restored this honourable parliament to the exercise of their trust , for this cities just vindication and theirs and the nations deliverance and preservation , and doe with unfeigned thankfulnesse acknowledge the happy concurrence of this honourable house in their late worthy and prudent resolves , in order to the generall settlement of the nation , and for your tendernesse to this city , in inlarging their late imprisoned members , restoring their common council , and ordering their gates and portcullices , posts and chains to be repayred at the publick charge . by all which signall marks of honour and respects to your petitioners , they doe finde themselves drawn forth into duty and affection , to tender to this honourable house their sincere and most ready service in all the capacities god hath put them in , for the maintenance of your parliamentary authority , and safety of your persons : and your petitioners hope they neither have , nor shall forfeit that confidence , which the parliament hath alwayes had of them . the petitioners doe therefore humbly pray , that the militia of london may be forthwithsetled in the hands of citizens of known integrity , and interest in the city . and your petitioners shall pray , &c. sadler . the list of the aforesaid commissioners is as followeth . the names of the militia of the city of london . the lord mayor and sheriffs for the time being . thomas aleyne , lord mayor . alderman atkins . ald. foot . ald. fowke . ald. viner . ald. tompson . ald. robinson . ald. bateman . ald. lawrence . ald. king . ald. bolton . ald. whale . of the common council . col. bromfield . rich. floyd . major chamberlain . will. bateman esq iohn iolly esq major iohn taylor . deputy antropus . deputy staynes . iohn wynne . theoph. biddulph . esq capt. storie . capt. iohnson . mr. sanders . thomas bludworth esq max. beard esq major cox. major eardly . deputy lenthall . gower esq peter mills . nic. penning . capt. cleggat . will. vincent esq major alsop . resolved , that the parliament doth approve of , and agree to the list of the names of persons presented to be commissioners for the militia of the city of london . the petitioners being again called in ; mr. speaker gave them this answer , gent. if we may measure affections by the number of the persons , that came to present your petition ; we may say you brought the affections of the whole city with you . your expressions at the barr intimate no lesse , and you may rest assured of the like from the parliament : you acknowledging that duty and respect , which is due from you to the parliament . they have read your petition , and have also already read your list , and passed it as you desired : the members of parliament , who were yesterday with the lord mayor , and aldermen have made a report of the great readiness of the city , to advance moneys for the present supply of the army and navy . whatever mistakes have been formerly , it cannot but be a happy day to all , but our enemies ; in that the affections of the city , and parliament are joined together ; you have shewed your affections as well by your actions , as words ; and the parliament have commanded me for your good affections and actions , to give you hearty thanks , and in their names , i doe give you very hearty thanks accordingly . a list of the names of the councill of state . gen. george monck . william pierpoint esq iohn crew esq col. rossiter . richard knightley esq col. popham . lord widdrington . sr iohn evelyn of wilts. sr william waller . sr richard anslow . sr william lewis . col. edw. mountague . col. edw. harley . col. richard norton . arthur ansley esq denzill hollis esq col. morley . lord fairfax . sr ant. ashley-cooper . sr gilbert gerard . lord st iohn . sr iohn temple . col. george thompson . iohn trever . esq sr iohn holland . sr iohn potts . col. iohn birch . sr●arb . grimston . iohn swinfin esq iohn weaver esq serjeant mayna●d , london printed by iohn redmayne in lovels court in pater-noster-rowe . and are to be had at the office of intelligence . a letter from the lord general monck, and the officers here, to the several and respective regiments, and other forces in england, scotland and ireland. albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from the lord general monck, and the officers here, to the several and respective regiments, and other forces in england, scotland and ireland. albemarle, george monck, duke of, - . england and wales. army. sheet ([ ] p.) printed by john macock, london : . signed: george monck [and others]. desiring the army's adherence to the plan of dissolving the rump and electing a free parliament. annotation on thomason copy: "feb: . ." reproductions of the originals in the harvard university library (early english books), and the british library (thomason tracts). eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from the lord general monck, and the officers here, to the several and respective regiments, and other forces in england, scotland albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the lord general monck , and the officers here , to the several and respective regiments , and other forces in england , scotland and ireland . dear brethren and fellow-souldiers , you cannot be ignorant of the many endeavours , and earnest desires of many good men in these nations , to bring us to a settlement ; which it hath pleased god to dis-appoint unto this day , and leave us as a broken and divided people , ready to run into blood and confusion : which that we might prevent so great calamities impending , after our earnest seeking god for his direction and assistance , we finde no expedient so likely , for the satisfaction of the good people , and the quiet and welfare of this commonwealth , as the re-admission of the secluded members , in order to a legal dissolution on of this parliament by their own free consents ; and to issue writs for a future full representative of the whole commonwealth of england , scotland and ireland , under such qualifications as may secure our cause , to convene on the twentieth of april next at westminster , for the establishing of this commonwealth upon the foundations of justice and true freedom . and to take away all just jealousies from you , we do assure you , that we shall joyn with you in the maintenance of those ends expressed in the enclosed ; and do expect your cheerful concurrence with us : and we desire to take god to witness , that we have no intentions or purposes to return to our old bondage ; but since the providence of god hath made us free at the cost of so much blood , we hope we shall never be found so unfaithful to god and his people , as to lose so glorious a cause : but we do resolve with the assistance of god , to adhere to you in the continuing of our dear-purchased liberties , both spiritual and civil . the reason of our proceedings in this manner , may seem strange : but if you duely consider the necessities of our affairs , and the present state of things , you will certainly conclude nothing so safe to secure publick interest , and to engage the nations peaceably to submit to a free-state ; most of these members having given us full assurance , that their session in parliament shall not be longer than absolute necessity-will require , to the putting the government into successive parliaments ; they not being free so to act by the old writs , as when they shall be called upon a commonwealth-account ; and it 's the opinion of the truest friends to a free state , that it cannot be consistent with the perpetual sitting of these members , being contrary to the nature of such a government . and as we are confident the present parliament now sitting , will not repeal any of the acts , ordinances , or orders of this parliament , for sales , or publick disposition of lands ; so we shall in our station observe , and cause to be observed , all other acts and ordinances of this parliament whatsoever ; and humbly interpose with the next succeeding parliament , not onely to pass a farther act of confirmation of all such sales and dispositions of lands , here and in scotland , but also of all the distributions and dispositions of lands and houses in ireland , to the souldiery , adventurers , or any other persons , made by or in pursuance of any of the acts , ordinances , or orders of this present parliament , or any pretended parliamentary authority . and we entreat you to send up an officer , to give to the lord general monck an account of your acquiescence with us herein . and if any dis-affected persons shall hereby take occasion to make disturbance of the peace of the commonwealth , either in favour of charles stuart , or any other pretended authority , we desire you to secure them , till the pleasure of the parliament or council of state be known in that behalf . you shall speedily receive encouragement and supplies of monies : and indeed , it was not the least motive to induce us to this way of composure of affairs , that we might facilitate the raising of monies for the subsistence of the army and navy ; which would not otherwise have been done ( if at all ) but with effusion of blood . we have nothing more at this time , but to assure you that we shall ever remain , white-hall , feb. . . dear brethren and fellow-souldiers , your very affectionate friends . george monck . cols r. knight john clobery tho. read john hubblethorne leonard litcot tho. sanders william eyre rich. mosse william farley arthur evelin john streater . john butler . quarter-mr-gen . lieut. cols . ethelbert morgan james mutlow james emerson joseph witter dennis pepper . majs . james dennis rich. waggstaffe tho. johnson fra. nichols jer. smith nath. barton tho higgs john clark capts w. goodwin hen. ogle . london , printed by john macock . . the royall apologie: or, an ansvver to the declaration of the house of commons, the . of february, . in which they expresse the reasons for their resolutions for making no more addresses, nor receiving any from his majesty. digby, kenelm, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the royall apologie: or, an ansvver to the declaration of the house of commons, the . of february, . in which they expresse the reasons for their resolutions for making no more addresses, nor receiving any from his majesty. digby, kenelm, sir, - . clarendon, edward hyde, earl of, - , attributed name. [ ], p. [s.n.], at paris, [i.e. london] : imprinted in the yeere, . attributed to sir kenelm digby, though the bodleian library catalogue tentatively ascribes authorship to the earl of clarendon--cf. madan. "this book, ascribed to the oxford press in dr. bliss's sale catalogue, was not printed at oxford, but probably in london."--madan. annotations on thomason copy: "by sr. ken: digby"; "aprill: th.". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no the royall apologie: or, an ansvver to the declaration of the house of commons,: the . of february, . in which they expresse the reas digby, kenelm, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the royall apologie : or , an answer to the declaration of the house of commons , the . of february , . in which they expresse the reasons for their resolutions for making no more addresses , nor receiving any from his majesty . at paris , imprinted in the yeere , . to my good country-men of england , and fellow-subjects of scotland , & ireland . i shall not in this epistle tell you , that by the word of god , he that resisteth the powers ordained over us , shall receive to himselfe damnation ; nor that by the law of the land , it is high treason to levy war against the king , to depose him from the government , to imprison him , to adhere to his enemies , to reforme him by force , or to doe any thing with intention to alienate the hearts and affections of the people from him ; neither shall i tell you that it is perjury , and against our solemne oathes and protestations , not to beare unto the king true faith and allegeance , and not to defend his person and honour , and not to maintaine all his just rights . i shall onely put you in mind of that , which , if we were no christians but heathens , if we had no regard of lawes or oathes , yet as men , would bind us , which is the law of nature , by which we are taught , to doe as we would be done unto . let every man in his owne particular consider , that if he were accused of tyranny and oppression , of all sorts of cruelties , of intending bloody massacres , of mercylesse torturings , of perjury , of a continued track of falshood , and breach of vowes and promises through his whole life , of conniving at his fathers death , and dishonouring of his mother , and in them all , not one word of truth ; would he not think it a most barbarous , irrationall , and inhumane proceeding , that he should not onely be used as if he were guilty of them all , but that he should be rendred odious to the world , and infamous to posterity , without ever being heard or admitted to the means of making any answer , whereby to cleare his innocency and honour ? this is your kings case , who notwithstanding this libellous declaration , and his great misfortunes , is one of the most pious , temperate , couragious , and just princes that our nation ever had . if he may be afforded no other right , let him not be denyed that naturall justice which every man would think due unto himselfe , of not being condemned unheard and undefended ; for whatsoever is set downe in this answer , is but one private mans knowledg and information ; but when you shall see the kings owne perfect answer , i am most confident your hearts will be on fire to see so good a king so ill used . in regard that some particulars relating to the same matter , are spoken of in severall places of this declaration , for the avoyding of confusion in the answer , they are answered together ; so that in some things the place of them is not exactly kept , but sometimes that which is before in the declaration , is after in the answer , therefore in this index each particular is set down , and in what page the answer to it shall be found . the introduction . page , that their former addresses to the king have been fruitlesse . they could have no confidence that words should be more perswasive with the king , then sighs and groanes , &c. that they have made seven addresses to the king . ibid. in what sort the scotch commissioners joyned with them ; and the reasons why they conceal the scots present dissent from them . , that the king never made any offer fit for them to accept . they say , they cannot expect that new ingagements should prevaile more with the king then his oath of coronation , and severall other vowes which he hath frequently broken . that the king in his speeches and declarations hath laid a fit maxime for all tiranny , by avowing that he oweth account of his actions to none but god . the match with spain . the kings having an agent at rome . ibid. the passages concerning the death of king james . , , , touching the betraying of rochell . , the bringing in of german horse . torturing of our bodies with rackes and pillories , &c. , the lording over mens souls . searching of cabinets . ibid. monopolies and ship-money . the kings summoning this present parliament to have assistance against the scots . the king so passionately affected to his malignant counsellors , that he would rather desert his parliament and kingdome , then deliver them to law and justice . , , the bringing up of the northern army . , the rebellion of ireland answered together . , , , the kings denying of commissions to the lord wharton , & lord brook . they say they need not tell the world how the scots entred the kingdom . ib. the lord digby's attempting the country with armed troops . the lord digby's man hiring a skipper to be pilot to a fleet preparing in denmarke . the kings letters to the k. of denmark touching the queen his mother . ib. that the king sent away with the qu. the ancient jewels of the crown . ib. the king sent a specious message of renewing a treaty , but his messenger was to have managed a bloody massacre . pag. , touching the kings march to brainford . pag. the kings denying to receive their petitions . ibid. all things concerning the queen answered together . pag. , touching the letters written to the pope . pag. the kings offer of the plunder of london , and foure northerne counties to the scots . pag. , fire works found in papists houses . pag. of putting the tower into such hands at the city could not confide in . ib. the track of open force begun in the kings coming to the house , and charging some members of treason . that the king entred into the councel-booke , that the calling of them a parliament did not make them so . their standing amazed at the kings solemne protestation of having no thought to make war against his parliament , &c. ibid. that the king endeavoured to get powder and cannon out of hull . ib. that the king proclaimed them traitors and rebels , and set up his standard against his parliament . that the king called a mock-parliament at oxford . ib. the kings breach of trust with the protestants of france , scotland , ireland , &c. and his endeavours to enslave them by german , spanish , french , danish , &c. that the king having protested that he would never consent to a toleration of the popish religion , nor taking away the lawes against recusants , did yet by his letters signifie his consent to the taking of them away . ib. that notwithstanding that the houses and scotch commissioners did declare that they held a personall treaty not safe , yet the houses yeelded to it . that they intimate that the signing of the foure bils was onely for their security during the treaty . ib. of the justnesse , honourablenesse , and necessity of the foure bils . , that in refusing this their last application , the king hath forgot his duty to the kingdome . that for these reasons they have taken these resolutions and votes , to have no more to doe with his majesty , and to settle the kingdom without him . the conclusion , setting down the falshood , fraud , and malice of all that is said in this declaration . , , the royall apology . or , an answer to the declaration of the house of commons of the . of feb. . in which they expresse the reasons of their resolutions for making no more addresses , nor receiving any , from his majesty . when the son of croesus who had never spoken ( being borne dumbe ) saw his father ready to be destroyed , nature brake open all those ligaments that had formerly tyed up his tongue , & he cryed out , that his father might be saved : the king that ought to be the common father of us all , & is stil of his loyall subjects , is upon the point of being destroyed ; he is deposed from his right of governing , close imprisoned , and no addresses either to him , or from him is admitted ; and which is more , his honour and innocency which are dearer to him then his life , are indeavour'd by this wicked and false declaration ( made by the house of commons ) to be blasted , and himself rendred to his people and to posterity , the most odious and detestable of men , and the most tyrannicall of kings , whilst he himself is detained in close prison , and in likelyhood kept ignorant of what is said , or working against him ; or if he ( for his further vexation ) have notice of what he is accused , all meanes of clearing himself , and vindicating . his honour are debarred him ; his papers of the transaction of affaires kept from him ; the accesse of any of his secretaries , or his privy counsell , or counsell of law not admitted . the houses when they impeach the most capitall offenders even of high treason , in such cases the supposed delinquents are allowed transcripts of their accusations , counsell in the point of law , and a convenient time for the publishing of their answer ; and this was afforded unto the earle of strafford , the arch-bishop of canterbury , and is now to the six lords impeached of high treason ; & is a justice not denyed to traitors & murderers ? but how it can be afforded to the king , i cannot see , since he himself can make no addresse whereby to obtain it , and no man else may upon paine of death make any addresse unto him to receive his directions . this certainly may be a sufficient motive to any man , nay to all men , as it hath been to me , in this distresse and oppression of the king , to set down what is in their knowledge and reason toward the confuting of those malicious aspersions cast upon him by this declaration , untill god shall give the king means by his own full and perfect answer to blow back the poysonous and infectious vapours into the faces of that prevalent party ( that with art and terrour carried this declaration ) to their perpetuall infamy and shame : and in the interim , i shall desire that this may be received but onely as a preparative to keep the mindes of men from being too much carried away with one story untill the other tale be told . the scope of this declaration is expressed to be , to set down the reasons for these ensuing resolutions . . that they will make no farther addresses nor applications to the king . . that no application nor addresses be made to the king by any person whatsoever , without the leave of both houses . . that they will receive no more any message from the king , & do enjoyn that to person whatsoever do presume to receive , or bring any message from the king to both or either house of parliament , or to any other person . . that the person or persons that shall make breach of this order , shall incur the penalties of high treason . so that it may be justly expected that this declaration shall lay down unto the people whom they intend to satisfie , such reasons as may justifie the said votes , with the consequences and proceedings thereupon . and the way to make plaine the strength of their argument , is , to set it down plainly , which must run thus ; a king having committed those crimes which are set down in this declaration , the houses may remove from the government , imprison him , and debar all addresses to him and from him , as they have done . but king charls hath committed these crimes ; and so the houses may proceed against him , as they have done . when a clear answer shall be made unto this argument , the debate will be brought unto a shorter issue , and the people before whom the seene now lieth , will have an easie way to frame a judgement , whether they ought to be satisfied with the proceeding of the houses , [ as is pretended by this declaration , ] or whether they shall not have just cause to detest and abominate both their declaration and their proceedings . the answer briefly is , that both propositions are false ; the first , that a king doing those things laid down in this declaration may be removed from the government , imprison'd , &c. by the houses . the second is , that king charls hath done the things alleadged in this declaration ; but because the second proposition is that which this declaration endeavours cheifly to infer and make good , this answer shall first insist upon the truth or falsehood of the matters of fact ; viz. whether the king have done the things suggested ? and afterward shew briefly , the impiety , danger , and treasonablenesse of the first ; viz. that subjects may upon suggestions , if true as they are false , depose their king . the entrance into this declaration is in these words ; how fruitlesse our former addresses have been to the king , is well known unto the world . it is willingly left unto the judgement of the world to whom they appeal , whether the addresses of the houses [ whilst their addresses were made unto the king in such dutifull and sober manner as subjects , yea even the houses themselves ought to addresse themselves unto their king ] were fruitlesse , when so many things have by the king been this parliament condescended unto , as have enforced them to acknowledge in some of their publike declarations , that the king hath granted more for the liberty and ease of his people , then had been granted by any of his predecessors ; i think with truth it might have been said , then all of them ; and it will not be amiss to set down some of them ; the high court of star-chamber ; the high commission , and five courts more of justice , all established by law ( pretended to be for the ease of the people , but apparently much to the lessening of the authority of the crown ) have been wholly abolished ; an act for a trienniall parliament ; another for the taking away of the kings undoubted power of dissolving this , without the consent of the houses ; an act for regulating the power of the councel table , according to their own desires ; an act for the taking away the bishops votes in parliament ; an act for the bounding and limiting of forrests ; others for the restraining of the king to lay impositions , to levy tonnage and poundage , or to presse souldiers without consent of parliament . all these with many more have been the fruits of their former addresses unto the king ; and now if they finde any stop or refusall in what they propound , it is not for that the kings inclination and readiness to gratifie his people is lessened or alter'd ; but it is that they have altered their mannerly and dutifull wayes of their addresses , and now will force by armes and victories what they had wont to petition for . and for the matters desired , whereas before there was in them a pretence of the kings honour and safety , and of the subjects ease and liberty , in the propositions now insisted upon , it is cleerly apparent , that the king is by them unthroned ; the soveraignty taken from him , and placed in themselves ; and the subject ( which if they would have contented themselves with the above specified concessions , should have been the happiest and freest people of all the subjects in christendom ) shall ( if the king should condescend to their late demands ) become slaves in their liberties , lives , and properties , by being left to the arbitrary and lawless power of them , their fellow subjects ; and this is so beleived by all men but themselves and their adherents , even by their brethren of scotland , which hath administred unto them just grounds of their dissenting from them ; as shall be made apparent before this discourse be ended . whereas they say next , that they could not have confidence that words should prevaile more with him then sighs and groanes , &c. let the world judge whether these men at ease and invested with all power and authority , are more likely to be moved with sighs and groans , cries of fathers , & mothers , & children , &c. or the king who is debarr'd the society of the queen his most dear wife ; his children banish'd or under restraint ; his friends ruin'd , destroyed , and persecuted ; and some for their love and loyalty to his person , hang'd , drawn , and quarter'd ; and all in danger of it , that shall in any sort indeavour to serve him ; himselfe divested of all manner of comfort either for his body or soul ; besides the tender sense that he must needs have of the miseries of his people : must not the world conclude the king not only to be void of all naturall affections , and all bowels of compassion , both towards himself , and all that are nearest and dearest unto him , but to want also common sense and understanding , if he should not imbrace all meanes that with honour and conscience he might , for the speediest settlement of the distracted and miserable condition of himself , and his kingdomes ? it is then said , that they were never forced to any treaty , and yet they have made seven times application to the king , notwithstanding their great success in overthrowing all his forces , so that he fled in disguise to the scots . it is true , that they so well laid their businesse , that at the first they possessed themselves of the power of all the kingdom both by sea and land ; of the city of london ; and of the kings customs ; of his revenue ; of his magazins ; and of the abused hearts of his people ; whereas the king wanting every thing but a good cause , hath from the beginning only struggled to subsist : but let not successe against the king be vanted of ; successe is not alwaies a proof of a good cause , god hath often punish'd his church by the power of infidels , and made wicked men the scourge wherewith he hath chastised his children , and then cast the rod into the fire , and lifted up the heads of his afflicted servants . whereas they say , that they have made . times applications unto the king for peace , their own consciences ( i mean so many of them as have been behind the curtain ) do tell them , that so many times they have offended god , and abused the world with detestable hypocrisie , by making shew of that which was never in their thoughts : and all the said treaties which they speak of , were ever with those unreasonable , unconscionable , & dishonourable propositions , that they well knew that their intentions of continuing of a war could run no hazard by such proposals for peace ; yet whosoever shall peruse all those severall treaties which are with great exactnesse set down in their own books ( and printed by their own order ) of exact collections , will to be able judge of the difference of spirits then walking ; in them instead of reasons , it will be found that improbable future fears and jealousies , and the advantage of their present condition , have been the ground of their proposals ; and on his majesties part there will be clearly seen , a bowing and stretching to a compliance with them , to the utmost that could stand with his conscience , safety , and honour : to these volumes of theirs , i refer the reader , that seeing both sides , he may frame unto himselfe a judgement where the fault lies , if their addresses have been fruitlesse . to countenance no more their former treaties , and the conditions proposed in them , they further say , that in all their former addresses the commissioners of scotland agreed with them , and joyned with their commissioners in attending the king . in which affirmation they do not use the ingenuity and clearness which the house hath in former parliaments used to do , in that which they published unto the kingdom ; for although it be true , that the commissioners of scotland agreed to the sending of the propositions unto the king at newcastle , yet in their publike printed declaration of their said consent , bearing date the . of june . they declare their want of satisfaction in many particulars ; in so much as they say , that some of the particulars are inconsistent with the word of god , and others wherein they remain unsatisfied : yet notwithstanding so great was their desire to see an end of this bloody war , & the easing of those heavy pressures under which both the kingdoms groaned , that upon those considerations they consented to many materiall parts of those propositions ; & to make no let , but to give way to the sending of such other particulars , as they were still unsatisfied in the matter , for the reasons formerly presented in their papers unto the houses . and this their assent they declare to be with several proviso's , as will appear by their said answer ; the last of which , is , that it is not their judgement that every particular of these propositions is of so great importance to the kingdoms , that peace and war should depend thereupon . now let it be impartially judged , whether it be an ingenious manner of proceeding , to set down a perfect consent , & to conceal the conditions , and proviso's , upon the which the scots declare their consent , is grounded . but that which is most remarkable concerning the scots , is , that having thus artificially insinuated to the people their former concurrence with them , now when they make their declaration to the kingdome , for the stating truly of the whole businesse , and the reason for having no more to do with the king , grounded upon the kings last answer concerning the four bils , they remember not in this their finall declaration , the dissent of the scots ; nor their unanswerable reasons for their said dissent ; nor the protestations of the said commissioners delivered unto the king in the name of the kingdom of scotland , declaring their dissent to those propositions ; for the not yeilding whereunto , the king is not only by these votes deposed in effect , and another government without him set up by themselves , but his royall person used with greater severity , & inhumanity , then theeves , and murderers are in the common gaols ; for to them it is permitted to have the comfort of physitians for the body , and of divines for their souls , whereas to the king there is no meanes left to aske them . the reason why they conceal this dissent of the scots , is , for that they would have the kings refusall of the bils , to be ascribed only to his wilfulnesse , and to his persisting in his wonted wayes ( as they call it ; ) but would not have the people thinke that the king had many of his mind ; whereas if the truth might appear , it would be found , that few besides that prevalent party in the lower house , and army , with the sectaries depending on them , that hold not their propositions most unreasonable , and their usage of the king most detestable . further , if the former assent , and concurrence of the scots with them , be used as an argument for the countenancing , and better justifying of their former treatise and propositions ; their present dissent , and their unanswerable reasons set down in their declaration against the four bils , against their deniall of the king a personall treaty , and against his want of freedom , together with their solemn protestation grounded upon them , in the name of the whole kingdome , ought in reason at least to put a stand upon mens judgements untill all tales be told ; and not be carried away by a declaration of the single house of commons , without the concurrance of the peers ; and not passed unanimously in that house , but by the power of a prevalent party . for whosoever shall consider the former brotherhood , and strict union betwixt the houses and the scots ; and how subservient they have been unto them , and their affaires ; how they have twice entred this kingdom , the first time by their invitement , the second time by their most earnest solicitation and hire ; and how the scots choose rather the adherence to them , then unto their owne native king ; how far they gratifie them by delivery of him into their hands ; and how they were become brothers in interests , in armes , in covenant ; whosoever shall consider this strict conjunction , cannot but thinke that the scots have some great reason of conscience , interest , and honour , for their present deserting of them in these their new demands , and rigorous way of proceeding with the king . the nation hath seldom been charged with want of prudence or dexterity in their actions ; & the houses have found ( as to them ) great justness , and punctuality in their proceedings ; by comming in according to agreement , and by going out according to promise ; but now finding not onely their covenants and agreements cluded , but the very grounds and true ends for which they say they entred into covenant , and joyntly took up armes , viz. the reformation and conformity in religion , the defence of the kings person , honour , and just greatnesse , with the laws , and liberties of the kingdom , &c. if they now find that the ways which the now prevalent party do pursue , are destructive to them all , and diametricall opposite to these settlements which they have alwayes declared to intend ; as if instead of conformity in religion there shal be brought in , & tolerated a multitude of heresies and sects ; if instead of the kings honour , safety , and greatnesse , they that have had more then a hundred kings , shall see monarchy intended to be levelled , and the person of their native king , worse used then a thief , or murtherer in a gaole ; if they shall see all law , liberty , & property of the subject , endeavoured to be settled under the arbitrary tyrannicall power of a prevalent party , and an over-awing army ; if all these things be , who can wonder if the scots have changed their way , and concurrence , when they find all those principles upon which they were engaged , to be totally changed . it hath therefore been wisdom in this declaration , to mention the scots former concurrence , and to passe by their present dissent , the cause whereof they knew will not indure the searching . they then say , the king never made any offer fit for them to accept : it seems the scots are of another mind , who declare their judgements to be , that his offers from carisbrooke-castle might have given satisfaction . but since they will never remember any thing , but that which is for their advantage , it will be fit to put them in mind of some petty slight offers , that by the king have been made unto them , leaving aside his generall request unto them . that they would set down together all such means as would give them satisfaction , whereunto they should recive a gracious and satisfactory answer , to all that they could justly or reasonably desire ; but this being in january , . time may have worne it out of memory : but they may remember his offers from holdenby , from hampton-court , and from carisbrooke-castle , in them he offered the settling of religion in the presbyterian way ( which was that which themselves had voted ) for three years , and then to be fully settled as should be agreed on by their owne assembly of divines , only with the addition of twenty to be nominated by himself , to the end that before a full and finall settlement all reasons might be heard , yet no doubt might be raised of carrying any thing by plurality of votes , since those nominated by themselves , were four times the number . he hath offered , to put the whole power of the kingdom both by sea and land into their hands , during the whole terme of his reigne . and for the civill government , he hath offred them , the nomination of all those ministers by whom the kingdome is to be governed . he hath offred , a generall pardon & an act of oblivion ; which is an important point , if that be true which sir edw. cooke , judge jenkins , and all the books of law do tell us ; or that the army have not changed their minds , who a few moneths since did declare , that no indempnity could be safe without the royall assent , and that they would not be satisfied with any other . he hath offred . pounds , to be pay'd in the space of one year and an halfe , for the payment of the arrears of the army : but all these trifles are not worthy to be remembred , although their memory doth serve them better , when they come to make up the catalogue of these false and scandalous reproaches , wherewith they revile their king , the lords anointed . but whereas they say , that the kings offers are not fit for them to accept ; in that certainly they declare the truth , if they make their own unlimited aimes , and ambitions , the measure of what is fit for them ; for they will no wayes content themselves , with such a narrow and unlimited soveraignty as our former kings have had , restrained in our laws , in our liberties , & in our proprieties ; but they pro arbitrio wil levy what forces they please , without limitation of number , or distinction of persons , or quality ; raise what moneys they please , for the support of this their military dominion ; and make what lawes they list , without any other assent but their own , and remain everlastingly a representative of the people , whether they will or not ; so that really making their aimes and intentions the measure of what is fit for them to accept , no offers or conditions can be fit for them , that shall not establish them in a more absolute power and dominion then ever any king of england had ; or any king of christendome hath ; or the grand seignior himselfe doth practice . they then say , they cannot see how it should be expected , that a new engagement could prevaile on him , or engage him more , then the solemn oath at his coronation , with severall other vowes , protestations , and imprecations , so frequently broken by him , during his whole reign . let it be calmly considered of , whether this be a modest , and decent way of a house of commons , thus upon generals to charge their king as a perjured man , whom they have ever professed they would make a glorious king ; especially when their said charge is as false in the matter , as shamefull in the manner ; for they are not able to fix upon the king any one particular , wherein he hath broken his oath or protestation , when the truth of the fact , and circumstances , shall be truly set down on the behalfe of the king , as well as their false relations of the said fact , with their inferences , strains , and malitious glosses thereupon , and doubtlesse if the king were not highly punctuall , & religious in the observance of the said oath , he would not suffer those miseries & hazards which he doth , rather then infringe it . but let the breaking of oaths & protestations , be with equality looked upon ; let the obligation of their naturall allegiance , the oathes of supremacy and allegeance , without taking whereof they cannot be members of their house ; let the solemn protestation taken by them at the beginning of this parliament , in which they did promise , vow , and protest in the presence of god , with their life , power , & estate , according to the duty of their allegeance , to maintain , and defend his majesties royall person , honour & estate ; which , how well it hath been performed , let their own consciences tell them . let their solemne league and covenant taken with their hands lifted up to god never to depart from that blessed union & conjunction , as they shall answer it in the presence of god , the searcher of all hearts , at the dreadfull day of judgement , how they have kept it , let their brethren of scotland tell them ; & m. martin who stiles it , an almanack of the last year , & out of date ; and the answer of the scots declaration , that termeth it absurd , & hypocriticall ; humane , & so alterable . let them remember all these , and their often repeated protestations of making the king a glorious king , and consider their present usage of his person , & their endeavours by this declaration , of rendring him infamous to the world , and to all posterity . let them likewise consider that their present animosity against the king , is cheifly because they cannot make him consent to be perjured . he hath sworn to maintain the laws ; to protect his subjects ; to defend the church ; to maintain the religion established by the laws ; to uphold the just rights inherent in the crown , or legally thereunto annexed ; and because he will not consent to be perjured in them all , ( which he must be , if he should consent to their demands ) he must be declared unworthy to governe ; and ( as hath been said by some among them ) not worthy to live ; be close imprisoned , and debarred of all comforts of life . god in his due time will be judge between them and the king , and so will be all sober and disinterested men . then they say , that the king in his publick speeches and declarations , hath laid a fit foundation for all tiranny , by this most destructive maxime or principle , which he saith he must avow , that he oweth an account of his actions to none but god alone ; and that the houses of parliament joynt or separatr have no power to make or declare any law . for the first part of this maxime , the king avoweth but that which the law of god and the law of england avoweth ; and what all the monarchs and states of christendom , that have soveraign & supream power will avow ; and would punish as high and capitall offenders , any that should avow the contrary . as for the second clause , the king hath often declared , that he doth not pretend to the making of laws singly of himselfe , but by the advice and consent of the two houses : neither can the houses joynt or separate , nor he with the consent of either house alone , make a law , but there must be a concurrence of all three : the two houses first to consent and pray , and then the king maketh it a law , by his declaring the royall assent by le roy le veut . as for the declaring of the law , that it is the interpreting of the law in dubiis & obscuris , vel si aliqua dictio duos contineat intellectus : if the words of the law be doubtfull and obscure , or may bear two senses ; the iudges in their courts may interpret and declare the meaning of the law , and the same is done in parliament upon writs of error ; but that is in the high court of parliament before the king and the lords , and not before the commons , who are no court : but this declaration must not be understood of plain and cleer cases , nor to the overthrowing of the literall sense , nor of the equity of the law ; otherwise to declare and to make a law , were all one in effect . but not to enter upon any moot case , or contestation of a law point , let it be judged , whether upon this maxime , it be a sober or dutifull expression , that the king hath laid a foundation for all tiranny ; but especially whether from this charge any just or colourable ground may be laid , for the justifying of their votes , or their present proceeding with the king . they then speak of the articles for the intended match with spain , which were treated of yeers since by king james ; and likewise of the articles of the match with france , which certainly should be without their cognizance , for the houses of parliament have declared often , the the making of peace and war , and the marriage of the kings children , belong wholy to the king ; and it is well known that queen elizabeth inprisoned a member of the house of commons , for presuming to speak in that house concerning her marriage . and the articles of the marriage with france , were likewise agreed by king james before his death ; but howsoever , it is a great audacity in the house of commons , singly , ( after more then . yeers , and many intervenient parliaments that would never presume to meddle with the kings marriage , nor the treaty thereupon ) now to draw arguments from thence , whereby to dis-affect the people to the king ; but that they wil leave no corner unswept , nor action unstrained , whereby they may render the king lesse beloved . and as for keeping a continued correspondency with rome , or having an agent of his there ( as is alleaged in this declaration ; ) it is most false . the queen perhaps may have had and maintained some person there , for such things as she held necessary for her , in point of her devotion ; & it is well-known , that concerning the affairs of the princes of christendome , from no place so perfect knowledge and intelligence could be got as from rome ; & q. elizabeth , and king james ( that were wise princes , & no papists ) were of that minde , and were at no small charge to hold correspondency from time to time with every eminent person of that court , without the leave of the house of commons , being a body not well modell'd for secrecy , consisting of near five hundred persons ; but the hatred to the pope & rome is such , that it was thought the very naming of them , would reflect with some hatred upon the king , which was that which was only aimed at . then they come to plant their maine piece of battery , or indeed rather to worke in their mine , whereby they would blow up the honour of his majesty , in order to the making of him a glorious king ; by calling to minde , and reviving the pastages in the parliament , the second year of his reign , concerning the death of his royall father as they terme it ; whereas in all their impeachment against the duke of buckingham , they did never so , much as accuse him , or lay to his charge the death of king james ; but only called that which he had done , an audacious action ; & voted that he should be accused only of a misdemeanor of so high a nature , as might justly be called , & so was deemed by the said commons to be , an act of a transcendent presumption , & dangerous consequence ; & for such , transmitted it to the lords . but now conceiving it would be much for their turn , to have it insinuated & let into the people , that amongst the articles of their declaration against the king , one was touching the death of his father , for so they stile it , viz. the proceeding and passages of parliament concerning the death of his royall father , the passages whereof shall be truly related in the subsequent narration . king james fell sick in the spring . and his sicknesse began with an ordinary tertian intermittant ague , which is not held mortall , especially in the spring ; but the king having a full body , & hard to be ruled or governed by his physitians in his sicknesse , his tertian turned into a continuall feaver , whereof he dyed . in the time of his sicknesse , certain plaisters and posset-drinks were applyed & given to him , such as are ordinarily used to be given by women in the country ; for that men seldome apply themselves to physitians in ordinary agues , but to such received and known medicins as are commonly used ; and these were said to be given by the duke of buckinghams procurement , and prepared in his lodgings , without the direction or knowledge of the physitians , untill after they had been administred unto the king : after almost two years ( there having been in the interim a parliament , and nothing stirred in the businesse ) the duke of bukingham having much distasted the houses , and they being highly incensed against him , a ready ear was given to all complaints , that might afford any probability of questioning of him and his actions ; and there were severall articles by way of impeachment exhibited against him to the house of peers ; and among them , one was touching the dukes administring of drinks and plaisters , without the consent or knowledge of the physitians ; & many physitians and others were examined , and it was with great vehemency pressed , that there might have been an accusation of treason drawn up against him thereupon . but when the said article came to be voted in the house of commons , and the case and evidence had been truly stated before them by sir dudley diggs , who , with master wansford and others , had the managing of that article of their charge , the house did hold it fit that he should not be impeached of treason ( the evidence indeed not bearing it ) but only of a transcendent presumption , as is truly set down in their declaration ; but if there had been any the least ground , or evidence of any wicked intention in the duke to destroy the king , or any symptoms that the kings death had been caused or hastned by those things that were given ; or that the said drinkes and plaisters had beene of any noxious or hurtfull quality ; it is well known , that the detestation against the duke at that time was such , that he would not have been forborn , if the evidence would have born an impeachment of treason ; & many pressed it far , alledging that without an accusation of treason , they could neither remove the duke from about the kings person , nor from sitting in the houses of peers , without which it was thought they would hardly prevail against the duke ; but the evidence falling short , it was carryed in the house for an impeachment only of misdemeanor , & a transcendent presumption , & not of treason ; and of these particulars some now sitting among them , ( if they had had so much ingenuity , or had not been restrained with fear ) might have informed them ; and they might have been likewise pleased to remember , that it was proved before them , that the king was embowel'd and embaumed publiquely , & no symptomes appeared , but that he dyed naturally of his sicknesse . and this their declaration ( although it be set out with some strains and aggravations ) conteineth little more then is here declared ; concluding in these words : that it is an offence and misdemeanor of so high a nature , as may be justly called , and is by the said commons deemed to be , an act of transcendent presumption & of dangerous consequence . so that by their own charge nothing is laid down against the duke , but a misdemeanor & an adventurous act , unto which they confesse in this declaration , that he put in his answer the . of iune ; and the said answer doth yet remain upon record in the journall book of the house of peers : and certainly it had been much more fair and ingenious , to have likewise set down the answer , and not to have published only the accusation , and concealed from the world the dukes answer , since they doe acknowledge that they knew of the answer ; but it should seeme that made not for their purpose ; if the answer had been weak and impertinent , doubtlesse they would not have passed by that which would have added strength to their own suggestion ; but finding the answer such as formerly had discouraged them any further to stir in the businesse , they have judged it fitter to passe it by ; for it must be known , that after the parliament which they speak of to be dissolved , & in which this impeachment was exhibited against the duke , there was ( before the duke was slain ) another parliament , in the which the duke fat in the house of peers ; but the house having seen the dukes answer , thought it not fit to revive their former accusation , but have let it lie asleep almost this . yeers , untill their malice , and desire to blast their king , hath awakened it . in all their declaration there is not one word reflecting upon the king , but that he caused not ( as they say ) the dukes presupposed misdemeanor ( which they , to make the story seeme more odious , call the kings death ) to be legally persecuted ; in which many amongst them must needs conceal their knowledge , that upon the breaking up of the parliament , there was by the kings then atturney generall , a bill exhibited in the star-chamber ( which is the supream court where all high crimes and misdemeanors are judged ) and that at the instance of the said duke , who said he would not have that cause which so highly concerned him , to lie buried , but that he would acquit himself of that foul aspersion , though it should be with hazard of his life ; but his imployments to the isle of re , and death following not long after , gave an end to any further prosecution . so that having in their own declaration not charged any thing against the duke of buckingham , more then misdemeanor and high presumption ; nor the least reflection upon the king , but only of not causing the said misdemeanor of the duke to have been legally prosecuted , which was hindred by the dukes death , and the impediments formerly set down ; the sole end and scope of inserting this particular in their declaration is evident to be , to make the king odious , as judging that nothing could more incense the world against him , or make his sufferings lesse commiserable , then to have it insinuated unto the people , that among many articles against him , one is concerning the death of his father ; which how groundlesse soever , yet they think that it may in the interim amuse the people , and possesse them with prejudice against the king , and not make them have that sense and compassion of him , & detestation of his wicked usage , as otherwise they would have . and certainly amongst all those artifices which have been used against him , to alienate the hearts of his people from him , & to render him odious to the world , this is one of the most false , malitious , and subtle ; & which can have no other drift , but by the detestableness of this aspersion , to allay the detestablenesse of their proceeding towards him , which certainly no age can parrallel of subjects towards their king . touching the businesse of rochell , it is true that the king was perswaded to lend some of his ships to the french king ; he was newly married unto that kings sister , and entred into a new strict league and allyance with that crown , being then at difference with spain ; and certainly there might be many secret reasons of state , for the kings obliging the french king at that time , which may be altogether unknown unto the houses of parliament , for that it was the doctrine of those times , that all things belonging to peace or warre , or the marriage of his childdren , did solely and singly belong unto the king ; neither neede he consult with his people therein , unlesse he craved their assistance in parliament by way of subsidy , or supply ; and it is strange they should now interpose by way of charge , in businesse passed more then . years since ; but that they leave no corner unsought , from whence it may be conceived any think may be raked to make the king odious , as the aime in this particular is to do in two kinds ; first , by adding strength unto that false & wicked aspersion of the kings unfirmnesse in the protestant religion : secondly , by nourishing that distast which they have with great industry & artifice raised in those of the reformed religion in france , & other places against him . it is true , that counsell pleased not many ; & the use that was made of those ships was distastfull ; which the king , and the duke of buckingham ( on whom the councell of that action , and the blame was chiefly cast ) to shew that there was no intention by the loan of those ships , to lend a hand to the destruction of the protestants ; endeavoured to redeem that mishap , by actually entering into a war with the crown of france , for which one of the cheif reasons was ( although there were likewise other distasts ) the wrong imploying of those ships ( which the king had lent ) contrary to the kings intention , and the intimation of the french , how they intended to make use of the said ships ; & it is fit likewise to be known , that this businesse was first treated in king james his time . and that it was contrary to the kings intention , may appear by his subsequent actions : for he avowedly sent a fleet , and an army to the isle of re , under the command of the duke of buckingham , and to be advised by mr. de soubize , how those forces might be best imployed for the releif of rochell , & those of the reformed religion : and although the expedition to the isle of re proved not successefull ; yet the intention and not the successe , is to be looked upon ; & the duke of buckingham pursued this intention of relieving rochell , and the protestants ; & to that end a new army , and a new fleet was prepared , & he in person was gone to portsmouth , ready to set sail for the said enterprise , when by the hands of felton he was suddainly slain ; & thereby those succours were retarded ; whereby leasure was given to the french so to fortifie & block up all the accesses to rochell , that the relief thereof was rendred impossible ; which yet notwithstanding was attempted by the kings said fleet and army , under the conduct of the earl of lindsey , though without successe . so that certainly no good argument can be drawn from hence , either of the kings disaffection to those of the reformed religion , or to have willingly intended their hurt ; much less can there well be drawn from hence any thing to justifie them in their present proceedings against the king , which they themselves set down to be the scope and intent of this their declaration . let it be judged of by any sober man , if it be not an audacious expression of subjects towards their king , to say , we can fully shew how by him rochell was betrayed ; besides that it is most false , for how could the king betray rochell , which was not in his power ? or can it be beleived , that they that have forborn nothing that they could imagine might turne to his dishonour , would conceal any thing that might cast any aspersion upon him in this of rochell ? as for that plot presupposed to be many years since designed , of bringing in an army of german horse , to have compelled the subjects to have submitted to an arbitrary government ; they might have remembred , that thinking thereby to have raised a hatred against the king , they have published this aspersion in severall of their papers , and declarations ; and particularly upon the breach of the treaty at oxford may . ● . whereunto his majesty made answer , as appears by his declaration printed and published by their own order , in the second volume of their orders and ordinances , pag. . wherein he saith , that he esteemes his condition more miserable then any of his subjects , when he sees a few factious persons have obtained that power , as to publish to all his people in the name of both houses of parliament , a charge , which comming forth with a semblance of such authority , may much worke with them against him ; and yet do not ( which is certainly because they cannot ) tell any one proof or particular , either whence , whether , or when , or by whom , or by whose designe those horse should have been brought ; they confesse it is many years since , and it seemes it is so many , that these particulars are worn out of the memory of man . now what a strange impudency and malice must it appear to all equall men , that being challenged , and provoked by the king , even with scorn and derision , to instance in any one of the above specified particulars if they could , they doe now again revive the same aspertions , without giving satisfaction , by the producing of any one proof , or giving instance in any one particular ; especially when it is well known unto the world , that such persons as they themselves had whispered to be the men that were imployed in the said designe , have been highly imployed in their service , and nothing would have been kept from them , if any thing might have been found to the kings prejudice ; but it was thought fit by them , that this should be now concealed , since it is apparent , that the chief end of this declaration , is , to accumulate all things that they conceive may asperse the king , or make him odious ; for those men might have told them the mistery of that businesse ; for that the parliament having declared a war for the recovery of the palatinate , and given way for the raising of . foot in england to serve count mansfeild in that imployment , it was in discourse how to furnish them likewise with horse ; which was thought could no where fittingly be done but in germany ; but the king of france denying passage to count mansfeid , all that businesse came to nothing . then they speake of the torturing of our bodies by cruell whippings , cutting off eares , racks and pillories , &c. they might have added hanging , drawing , and quartering , and hanging in chaines ; for all these have been done in the kings reigne , but executed upon traytors , theeves , seditious and impious libellers , by established courts of justice , and according to the knowne course of the laws which were made by former kings ( his predecessors ) with the consent of parliament ; for they are not able to produce any one law made in the kings reign , tending to blood or cruelty : how many have been made for the ease and enlargement of the liberty of the people , they have often themselves confessed them to be more then by any of his predecessors : and shall the doing of justice according to the laws , by his judges and ministers of justice , be charged upon him as acts of cruelty ? shal the burning of theeves in the hand , or rogues in the forehead or shoulder , or what mr. gregory doth at tyburn , in the due execution of legall sentences , be stiled cruelty ? for such have been all these whippings , rackes , & pillories , which they speake of ; and they are challenged to instance in one drop of blood drawn by his majesty , or any one act of cruelty committed by him in his whole raign , or by his judges or ministers whom he hath not left to the justice of the law . for it will not be denied , that from the . of november . untill the . of jan. . when he was driven from london , all his judges were wholly left unto them ; many of them being impeached of treason ; and judge berkley , whom they thought the most criminall , arraigned for treason , who made a defence so honest , and so able , that they were forced to wave their legall triall of him , and to pick his purse by their arbitrary power . was there ever so strained a malice , especially if they looke how themselves have proceeded ? not to speake of those multitudes that have been slaine in the war , how many of the kings honest loyall subjects have they murthered in cold blood , by no law but their owne arbitrary power ? with how many new treasons have they ensnared the subject , by the single authority of some hasty and angry ordinances , notwithstanding that the law telleth us , what shall be treason and nothing else , but by act of parliament ? what cruelty hath been used in point of imprisonments , where many have dyed for want , or ill usage ? and how many persons of quality , both divines and others , hath been by them sent a ship-board , and kept under deck ? and seeing a person of quality , and a judge of great years and reverence , out of heat and indignation , sent to newgate , a prison for rogues , theeves , and cutpurses ? how many gentlemen and peers did they vote to death , and losse of their whole estates , and to be excepted from pardon and mercy , without summons , hearing , tryall , or conviction ? how many noblemen , gentlemen , judges , and divers of great age , have they forced out of england to begge their bread in strange countries , not allowing them one penny out of great estates ( which they have seized ) to keep them from contemptible poverty , notwithstanding that the law alloweth to the highest traytors , a conveniency for food and raiment for themselves and family ? and yet these men have had the face to fix upon their king these odious markes of cruelty , when they cannot deny , but in his reigne there hath been lesse blood by attainder , and fewer confiscations , then in any such space of time since the conquest . as for the lording over mens souls . the laws for the government of the church ( not established by this king , but by his father and queen elizabeth ) were put in execution with so much mildnesse and moderation , that they can scarcely instance in the punishment of any separatists or sectary , if his recusancy ( for the law maketh them recusants as well as papists ) hath not been accompanied with some crime , or some scandalous or seditious preaching , or writing against the present government ; whereas they may remember , and see in the new book of entries , . paschae , . eliz. fol. . that pendry for publishing two scandalous books against the church government , was indicted , arraigned , attainted , and executed at tyburn : and let their present lording over mens souls be considered ; their sending so many learned and pious men a begging , by depriving them of their livings ; imprisoning their persons ; their lording over their consciences , by new , illegall , and trayterous oaths ; by forcing of the covenant , to the ruine of many hundreds , who otherwise were without exception , both ministers and lay-men ; being consciencious men ; men of parts , and great learning , as is set downe in the preceding words of the answer to the scotch declaration of the . of jan. . but nothing can by them be done amisse : that axiome of the law le roy ne fait tort , is now with the crown and soveraignty , ( which they have usurped ) applicable onely to them . but all the kings actions , though never so legall , just , and gratious , must by them have the appellations of tyranny , cruelty , and oppression . they then say that they were worse then slaves , for they were prohibited by proclamation to speake or hope for another parliament . they should have done well to have specified the year and date of the said proclamation , and to have set down the very words contained therin ; for it is so unlikely a thing , that the people should be forbidden by proclamation , to hops , that no rationall man can choose but suspect it to be that which civility is loath to tearme it , how foule soever their pen be against their king . as for the searching of cabinents , closets , &c. it is set down to be after the dissolution of the parliament ; so that that sin against the holy ghost ( never to be forgiven ) of breaking the priviledges of parliament , is not charged , and any other sinne will not be found ; for it is lawfull and usuall for the justice or councell of the king , to search the closets , and cabinets of such as they have good cause to suspect of practises , and correspondency , to the prejudice of the king or kingdome ; neither have the kings or queens letters or cabinets , nor the dispatches of ambassadours , and forraign states , been free from their inquisition and search ; nay some such searches have been made by them for letters and jewels upon women not of the meanest ranke , as is indecent to put them in mind of . they then reckon up a long list of monopolies , and patents of soap , pins , leather , sugar , &c. whether the said patents were legall , or illegall , there can from thence no just fault be laid upon the king ; he is in point of law to be advised by his atturney , and his learned councell ; and there cannot in all the particulars specified , any one be instanced in , which he did of himselfe , without the certificate of the referrees , of the legallity of such grants , wherein never prince was so punctuall as he hath been , and it is conceived that it may be with truth averred , that in his whole reign he hath not passed by patent any one monopoly , without reference , and certificate in writing , that it might be granted by law . but besides , upon complaint this parliament , all grievances have been redressed ; all doubtfull patents cancell'd ; care had for the preventing of the like for the future ; all referrees and patentees left to justice ; and all punished , but such as the injustice of the houses have protected . then they come to that which they call the compendium of all oppression and cruelty , viz. the ship-money : when princes are involved in great wants and necessities , they are forced to those things which at other times they willingly forbear to presse ; so it was here ; the king by his wars with spain and france , was brought into great necessitys ; and consulting how he might by lawfull wayes releive himselfe . he was advised to this course of ship-money by his atturney generall noy , ( as is said ) who was by all men esteemed a great lawyer , and had been a great propugner of the subjects liberty : the king herein asked the opinion of his judges , and learned councell ; and both the judges ( the major part of them ) & his councell , did set it under their hands to be lawfull ; these are the kings proper councel with whom he is to consult in point of law , & are sworn to advise him faithfully ; but some , and particularly mr. john hamden , not satisfied with the extrajudiciall opinion of the judges , came to a legall tryall upon the case in the exchequer chamber ; & after a fair hearing and learned arguments on both sides , judgement passed for the king . if the said judges and learned councel ( who are sworn to do equall justice betwixt the king and the subjects , & to councell the king faithfully ) have erred and done amisse in both , the greater hath been their fault and offence ; but herein where lieth the kings transgression ? for did he not leave the judges upon complaint of the houses , to their justice ? and were not the said judges many of them impeached of high treason ? & judge berkley arraigned thereupon for high treason ? and made so learned and able a defence , that they were forced to withdraw any further prosecution of their impeachment against him . it seems they forget that which they declared for law at the beginning of this parliament , ( viz. that the king can do no wrong , le roy ne fait tort ) upon the very ground of this case ; and that the reason why the law supposed that the king could doe no wrong , was , for that the judges and ministers that did the wrong , were responsable for the wrong doing ; and the persons wronged , were from them to be repaired in point of their dammages : but it seemeth they are of old ployden's minde , that when the businesse concerneth themselves , the case is altered . they then say , the king summoned this present parliament , in hope to have assistance against the scots . he had little reason to hope for any assistance against the scots , knowing as he did , who had called them in ; and that from some scots themselves from newcastle , whilst he was at yorke , he had gotten notice of the particulars , wherewith divers lords of the english with the king being startled , they sent to the scotish lords at newcastle ; to have right done them upon a secretary of theirs , who had said to some english prisoners whom the scots had taken at newborn , that their comming in had not beene , but by the invitation of the english ; and had spoken a little too boldly of some truths that should have beene concealed , and this divers at westminster cannot but remember . they then say , that it was impossible to quash those pernitious councels without questioning the authors ; whereupon the king shewed himselfe so passionately affected to such malignant councellers & their councel , that he would sooner desert or forcc his parliament , and kingdom , then alter his course , or deliver up his wicked councellors to law and justice . our passions ( especially that of revenge and malice ) do not only deprive us of our senses and reason , but often bereave us of shame and honesty : for besides that they know that the king hath more then thrice in his publique printed answers declared , that he would except no man of what quality or nearnesse soever unto him , from any legall tryall according to the law ; he did leave unto their justice the arch-bishop of canterbury , the earl of strafford , all the judges , and whomsoever they would accuse ; insomuch that they examined and committed the queenes confessor ; and examined the ladies of her bed-chamber . and their sergeant at armes presumed so far , as to come into the kings withdrawing-roome next unto his bed-chamber , to cite and summon persous of greatest quality and nearnesse unto himselfe ; insomuch that out of shame the king hath bin forced to withdraw himselfe into his bed-chamber , notwithstanding that the law saith , that a lord cannot in the kings , presence seize his slave or villian that hath rnn from him . and from the third of november untill the . of january . when the king was driven out of london , then was no man , counseller , judge , or person of what quality soever , exempt from their justice . and to shew how willing he was to satisfy them ; that hee would not interrupt or hinder the course of justice , he gave way to that which some princes would rather have adventured a war then have condescended unto ; which was his giving leave to his privy counsell ( that had bin sworn to keep secret whatsoever passed in councell ) to be examined upon oath of what had passed in his own presence & most secret cabinet counsell , against one of their own fellows in a capitall cause ; which is likely hereafter to cause him to be served with caution ; when men shall not know how soon they may be questioned for that which they do advise , which is in effect against themselves ; for if one shall be accused of treason , the rest likewise may be questioned for concealment . they speak of some that fled fearing to be questioned ; certainly they had great reason so to do , when their proceeding was such , as not to be guilty but only to be accused , was certain ruine , or imprisonment for many yeers , divers having languished two or three years in prison ; & the arch bishop of canterbury was almost four yeers in prison before he was put to death and such as observed the proceedings with the earl of strafford would not willingly ( how innocent soever ) fall into their hands , if it were to be avoyded ; for they may remember how by the procurement of some amongst them , tumults & multitudes surrounded the house of peers , crying justice , justice , and they would have the traytors head . they may remember their posting up of . members of the house of commons , that would not give their votes to the bill of attainder of the earl : if they have forgotten it , their own historiographer mr. may may put them in minde of it ; they may likewise remember that at the same time upon an empty tun rolled from a tavern doore , a list of the lords names whom they called malignants , was read in the midst of that rabble in the palace yard ; and although the house of peeres then represented these violences to the house of commons , they could never obtein their assistance to suppresse them , or to declare against them ; and they may remember whether it was not said amongst them , that they should doe ill to discountenance their freinds . on the other side , let it be remembred how many counsellers who have bin actors in all the pretended exorbitancies of the star-chamber , councel-table , & high cōmissiion , being once become persons in whom they might confide , were left unquestioned ; let them remember that when they expelled all such monopolers as they judged affectionate to the king , whether they left not some others of their favorites sitting amongst them untill this day ? but for that it would be too long to instance in many things of this kinde , as having imployed the most infamous projectors and catchpoles in their service : they shall only be put in minde of one particular of an eminent member of their house , who would have presented a petition ag●inst a great counsellour , who was much favored by mr. pym and others , who having gotten notice of the contents thereof , would never permit it to be read in the house ; but the said party having worn out three copies in his pocket , engrossed it in parchment ; but ever when he stood up to speake , mr. pym or some other appointed to watch him , interrupted him with speaking to the orders of the house ( which are alwayes to have the precedency ; ) & this for many months together , insomuch as the said petitiō could never be read . as for the kings deserting of his parliament , it hath bin so often answered , that it is a shame to repeat it ; only this shall be added , that the king did not desert his parliament , but was forced in great haste to fly for the safety of his person , which would the next day have bin in great hazard of being seized . and although this present house of commons be not charg'd wth any such intention ( such resolutions passing few hands , and that there are very few left there now that were trusted with that secret ) yet it hath bin confessed , and is under the hand of a person that hath bin very active in their service , and who should have bin a principall actor in it . then followeth that thread-bare businesse of bringing up of the northern army , so often objected , and so often scorn'd by those that knew the mistery of it ; which if the king had endeavour'd to have won to his service , and full adherence , he had done like a wise and prudent prince ; neither had there bin any cause for the concealing , or not avowing of any such endeavour , if it had bin so ; for it is well known by whom that army was endeavour'd to be seduc'd from the kings service & from the earl of strafford who was their generall ; nor was the earl ignorant therof , neither would he have fai'ld in his proofs , having it in his thoughts speedily to have impeached severall persons of high treason , for tampering with the said army ; as is well known not to a few sitting still amongst them at westminster ; but they by their diligence got it by the hand , by impeaching him a day or two before his impeachment against them was ready , which cost him his life . besides , they know the person that started this hare among them hath often clear'd the king , that it was impossible that the k. should know of the proposition of the bringing up the army , wch was his own motion , & was by some rejected as a thing too high , & not liked by others , for that he would have the cheif command of the action , which would not be condescended unto ; whereupon out of discontent , he went immediately and made his discovery to the lower house , without ever seeing the king ; but there had been some speech before of a petition to be procur'd from the army ( which was published ) & what knowledge the king might have of preferring such a petition , is not known to the writer of this answer : but the party that first gave the houses notice of this busines hath often sworn , that all he said concerning the king in this businesse , was in relation to the said petition ; but that the king could never have nor had notice of the proposition of bringing up the northern amy ; for that being his own motion , he presently ( seeing it disapproved , especially his having the cheif command and conduct of the action ) revealed it , before the king could possibly have knowledge of it , which party is yet living , and certainly will avow as much . but presupposing the king should have gotten knowledge of the motion ( which doth in nothing appear , ( the king seeing the great tumults , & the great hazard that his own person was in , as well as the freedom of parliament ; might he not have reason by his own army , raised by himselfe , and payed by his own moneys . ( as it had bin for many moneths ) endeavored to have secured his own safety , and the freedom of parliament , without cōmitting any such crime , as meriteth to be deposed , or used as now he is ? let it be compared with that which the now prevalent party in the houses have don , who seeing themselves like to be over-awed by the presbyterian party , & finding no other means not to be overborne , thought it fit to have recourse unto the present army of independents & although the then house of cōmons had voted a petition of the said army to be burnt , & such to be enemies of the state , as should adhere thereunto ; yet the army was drawn up towards london , & the house forced to sequester eleven of their most eminent members ; & when the city or apprentices had restored the said members , ( as they had in former times don the five members ) the speaker , & all such as had deserted the parliament , & had fled to the army , were by force again reestablished ; & the new speaker m. pelham was unchaired , and all that party were driven away , some forced to fly , others were impeached ; & the now prevalent party possessed themselves again of the houses , & the power they now have of deposing the king , & keeping of him prisoner . there is a great dfference betwixt what they have really don by this army , for the turning upside down the parliament ; and what was ever spoken of , of the northern army . but successe and power will make the same things ( though acted ) commendable in those that prevail , which they will have capitall in those who never passed further then discourse . they then begin to speak of the tyrany towards scotl. & ireland &c. for that of scotland ( which is formerly answered ) i shall only ad the ful satisfaction which the kingdome of scotland received by their own acknowledgment , expressed by a petition made since the kings last coming from scotl. viz. : that whereas the kings most sacred majesty's royall zeal , & constant resolution of maintaining the true religion & preserving the laws & liberties of these kingdoms is so undoubted , that to call it in que - &c. could not be construed in any , but an unchristian distrustfulnes & in us his ma. subjests of this his aucient & native kingdom the height of disloyalty & ingratitude , if we should harbor any scruple or thought to the contrary having so many real & recent evidences of his royall goodnes , justice & wisdom , in setling & establishing the trne religion & the laws & liberties of this his kingdom , to the full satisfaction of all his good subjects . and nevertheles prerceiving by his ma' . declarations & other printed papers , that foul & malicious aspersions are cast on his ma. tending to be and his sacred person , & deprave his royal govern ' , &c. we conceive our selves bound in duty to almighty god ( by whom we have sworn to defeud & maintain the person greatnes , & authority of our dread soveraign , gods vicegerent , to the utmost with our means & lives , in every cause which may concern his honor , as may apear by that which by the warrant of the act of the generall assembly , we have all sworn & signed ) & to our king & country , and to that we ow to our honor & reputation , to represent to your lps. the desires we have to expresse , & make known to his ma. & all the world , that we are fully satisfied , and perswaded of his majesties royal zeal & resolution , & that malice & detraction cannot prevail to make the least impression in our loyal hearts , of jealousie , or distrust : and therfore we have taken the boldnes humbly to petition your lps. that as his majesty hath graciously condescended ( in his letter to your lps. printed by your warrant ) for satisfaction of his good subjects , to expresse his royal goodnes , & desire , that all grounds of jealousy may be kept and removed out of the hearts of his good subjects of this kingdom : so it may please your lordships to think vpon some course , that his majesty reciprocally may be cleered , and assured of our constant affection , &c. and that we are not so unthankefull to god , or to his vice-gerent , nor so little tender of our own honor and credit , as to forget so soone that duty , incumbent to us by so many obligations , and so often promised by us in our foresaid solemn oathes , which are published to the view of the whole world , &c. as for the rebellion in ireland they make use of this to the same end they do of all things else in their declaration . that knowing that horrid rebellion to be so detestable to all men ( as it justly deserveth ) they would fain draw part of the hatred of it on the king , although it be with never so improbable or false pretext ▪ and they think in the meane time that it will serve the present turn , of making the king odious , till he may have means to cleer it by his answer ( which they never intend to afford him , untill they have established their tyranny ) and then they will not care to be fought against with papers . but their declaration in this point of ingland [ besides that the points conteined in it have been so often answered in print ] doth so confound all times , all actions , either in the war , or whilest there was a cessation ; and all the circumstances and reasons , which may justify such actions at one time , as might be blameable at another ; that the answere must be applyed to the generall scope of the declaration , which is , to insinuate unto the world , that the king did abet and favour the rebellion ; which not only the kings many declarations , but his reall and effectuall actions do evince of falsehood , and detestable malice ; for he did wholy put the irish businesse , and the prosecution of the businesse , into the hands & management of the two houses ; and consented to an act of parliament , giving them power to raise men & mony , and all other necessary provision for that war , notwithstanding that they had subtilly inserted into the preamble of the said act , a clause debatring him and his successors from the power of levying men by way of presse , without consent of parliament ; although it had beene alwayes used by his predecessors . but such was their art by the inserting of the said clause , that they would either gain the disclaiming of that power to presse men or else would render the king odious , by publishing his refusall to doe that , which by the houses was thought necessary for the suppressing of that horrid rebellion : this artifice hath been since used by clogging most bills ( which would be plausible to the people ) with some clause or parenthesis of great prejudice unto the king which he hath been often forced to passe by , to avoid the distaste which the denying of those plausible bils would have brought upon him ; & so he did in this . besides this his concurrence in all that was desired of him ; being at yorke , & having some beginning of power he offered to have passed in person into ireland , for the subduing of those rebells ; and to let the world see , that he desired rather ro imploy those forces against the rebels in ireland , then by them to raise the least jealousie of raising a war in england ; but this his majestyes offer was by the houses rejected ; and the king did then see that the forces and the moneys that were levyed by his consent , and commission , were in part imployed against himselfe , to strengthen & pay the forces that were designed to march against him ; whereby the war of ireland , ( which had beene most prosperous under the wise and faithfull conduct of the marq. of ormond , for which the houses sent him publique thanks , & a present ) began to be very dubious by their neglect , & their applying of the moneys & forces pretended for ireland , against the king ; & so by degrees the english armies in ireland , were reduced to those great streights for want of pay & provision , by the ill conduct of the houses ; that after many sollicitations both to the king and parliament , by which little or no releife was obteined ; there was a necessity of coming to a cessation of armes for one yeare ; which was done by the advise of the councell of ireland ; & at the earnest petition of the lords , & of the cheif officers of the army , ( of whom the lord inchiquin was one ) as appeares by their own booke of exact collect. page . . to . . where likewise the necessity of the said cessation is at large set downe : and the king seeing himselfe much over-power'd , & like to be overborne by the rebels in england , was inforced to make use of the forces offered him from ireland , who were there ready to sterve ; which certainly would have beene a great imprudence in him not to have done ; and is as great an impudence in them to charge this as a fault or crime upon the king , to assist himselfe of his own subjects for his defence : when they ( at so great an expence to the kingdom ) have hired in a forraign nation ( the scots ) to subdue him . next they alleag concerning the proclamations , that though they declared that the rebels in ireland stiled themselves , the king & queens army , yet they could not obtain a proclamation against them in divers moneths ; & then also but copies might be printed &c. the first perfect advertisement of the rebellion of ireland , came to his majesty & counsell in england from the lords justices ( sir william parsons , and sir john burlace ) and councell of ireland ; wherewith they sent the draught of such a proclamation as they conceived best for the suppressing thereof ; and because those rebells did pretend that what they had done was for the service of the king , and not without some authority from him , it was by the said lord justices letters desired , that copies of those proclamations might be sent over , signed by the kings own hand , ( whereas the usuall course was to send over only one so signed ) that ( besides those which they were there to print , and publish after the usuall manner ) they might send some of the originals so signed , to some of the chiefe of the rebells to manifest the falshood of the said traiterous pretence . and though proclamations which the king signes either for england or ireland never use to be printed , yet it was now for better expedition held fit by his majesty , & the lords of his councell , ( whereof divers of those now sitting in the house of peers at westminst. were then present ) that those proclamations his majesty was to signe , should be printed ; and the secretary being directed to cause it to be forthwith dispatched , did accordingly presently send a warrant to the kings printer , to print about copies , and to send them to him for his majesties service ; and to deliver out none to any other , for that those were to be originals for the kings signature only , & to be by them reprinted in ireland , according to the usuall course . and to have any copies of them dispersed in england before they were proclaimed in ireland , ( where they were principally of use ) as it was never practised , so it was conceived it might have bin of some prejudice ; for that the said irish rebels ( who had forged the former false pretence ) might ( if they had gotten any copy thereof before they had bin proclaimed in ireland ) have divulged some other traiterous fiction , to have rendred the proclamation of lesse credit with their party ; & so have frustrated the good which his majesty and his councell of both kingdoms did hope that proclamation would have effected . and whereas it is alleaged as a fault , that there were but of those proclamations sent into ireland ; it is well known to the lords of the councell now sitting at westminster , that it was twice as many as was desired . and whereas they say , that the irish rebels called themselves the king and queens army ; it is the constant practice of all rebels at the begining , to countenance their rebellion with the pretence of the kings service ; and that they take armes against the oppressions of evill councellours , and ministers that seduce the king : the like was done by themselves at the beginning ; who only pretended to remove malignants and evill councellors and to bring delinquents to punishment ; and then their war was in the name of king and parliament , as some of their own have not of late forbore to put them in mind . but now it is to remove the king from the government , and to settle another of their own making , without the king or against him . for the disbanding the irish army , although the king had great reason to demur upon it ; yet such was his desire to gratify them , that he condescended unto it ; & themselves consented that they should take any forreign imploiment whatsoever ; but afterward would not give way to the transporting of them ; & by that meanes much strength was added to the irish rebellion ; all which they themselves cannot deny . and upon such malicious false inferences as these , depend all or most of their instanced accusations in this their declaration . they say , the king refused to give commissions ( though often asked by the houses ) to the lord brooke , & the lord wharton . the king knew well how little reason he had to trust either of them . the lord brooke was often so indiscreet , as to professe openly and often , that he was wholy antimonarchicall , and once in the hearing of seaven or eight , ) for which he was reproved by some of his discreeter friends yet sitting among them ) & it may be easily reduced to their memories ; besides his other faults , which shall not be remembred , because he hath given an account of them . for the lord wharton ; the king was not then ignorant of his seditious and mutinous wayes against him , after so many obligations of the kings put upon him & his friends , which he hath ill repaid by his actions ; & hath since had a more profitable and gainfull trade at westminster , then he could have had in any martiall imployment , to which it should seem his naturall disposition doth not much incline him . they then say , that they need not tell the world how the scots entred this kingdom with a powerfull army . it were indeed much to their honor & loyalty to have it concealed ; for it was by their invitations and negotiations ; and upon so hard termes and conditions , that the answer to the scotish declarati● set out the of ja. saith , that their cōmissioners would by no means have brought them , but that they could get no better . they then spake of the l. digby's attempting the country with unusuall arguments of armed troops : it was conceived that they had long since bin ashamed of that ridiculous tale of the l. digby's raising war against the king ( for so their impeachment runneth ) with a coach and six horses . next they say , he advised the king to retire himselfe to some safe place . if he had done so , it had been good and honest councell ; but it was not any advice to the king , but his opinion only written in a private lettter to his brother sir lewis dives what he judged safest for the king , being forced to fly out of london for feare of m. skippon's great march , which was to be the next day to convoy the accused members to westminster . now followes the negotiations with denmarke , and the story of a servant of the lord digby's hiring of a skipper to be pilot to a fleet preparing in denmarke ; which fleet proved to bee the cow-fleet that useth to bring cattell out of those parts into holland , and for the lord digby's man , as hee never had any name , so the truth is that hee had no man with him at that time , going out of england only with a dutch gentleman in his company ; neither is their own word of truth in the whole story . and for the kings solliciting for ammunition and succours from his vncle of denmarke , it were to have bin wished that his solicitations had bin as successefull as they are justifiable . and touching the letter said to be written unto the king of denmarke ; it is very likely indeede , that the king would have invented such a scandall to his own shame , and the reproach of his mother if he had not had some grounds for it ; and yet it is true that they may say in the name of the house , that it never entred into their thoughts ; businesses of that nature are secretly laid , and carryed on by a few : but there are some at westminster that know what passed in that businesse , and by whose loyalty the motion of it was quashed in the bud : and when his majesty may be heard , or his accusations may be admitted of , hee will be easily drawne to give them and the world satisfaction in this point ; it were to be wished that they would give as good satisfaction for their malice in inserting this particular in their declaration , in so unmannerly and undecent termes towards their king , stiling it a false and scandalous charge , and such an act as they beleive was never a more unworthy one done by any prince , to the shame of his own mother . they then adde another breach of trust , that the king had sent away with the queene the anciene jewels of the crowne , our saviour saith , may i not dispose of my own as i please ? the jewels were his own , bought with his own money , or with the moneys of his ancestors , and not with the moneys of the crowne ; neither doe they produce any entaile of them upon the crown ; and certainly in the present condition whereunto they had reduced him , hee could never have juster cause to sell or pawn them , then that which they themselves set downe , for armes and ammunition for his own defence and preservation . the king , they say , once sent a specious message of renewing a treaty , but his messenger was instructed to manage a bloody massacre in london , which was designed by vertue of a commission of the kings since published . hereof they give us no more proof but that they say it ; and for the bloody massacre intended , it is a most false and malicious slander ; there being no other designe but to protect his owne loyall subjects in london ; and to reduce his rebels ; which certainly was more justifiable for him to doe , eyther as their king , or as an enemy in open warre , then their barbarous murthering of tomkins , and the rest , only for endeavouring of their duties . and for the commission they speake of , it was such a one as not only in time of war hee might thinke fit to doe , but might legally have done it in time of peace . touching the kings march to brainford , the reasons thereof have been often declared in print , to the satisfaction of all indifferent readers . but those barbarous cruelties they speake of to bee committed by the king , are most false ; for there was not one man slaine but in the heate of war , and the king gave to all his prisoners their lives and liberties , only upon engagement not to take armes against him for the future ; which engagement they traitrously and falsly broke , being thereof absolved by some of their wicked ministers , as some of the said prisoners ( being afterwards taken againe ) confessed . the reason why the king changed his minde from staying at windsor , and advanced to brainford , was for that whilest their commissioners were sent to him to colebrooke , that very night information was brought , that they were advanced with their army and ordinance towards him , and they take it very ill that hee would not stay at windsor till they came to take him . for the denying to receive their petitions , they give no instance of it in any , neither will it bee proved i beleeve , that ever it was done , unlesse the petition were to be delivered with an army at the heeles of it , or by such a person as the king , by name , had declared traitor , and excepted from pardon . they then begin to speake of the queen , upon whom ( if they could ) they would willingly cast some aspersion , as well as upon the king . but because there are many particulars scatteredly set downe in this declaration concerning her majesty , they shall in this answer be set down here together , that the cleerer judgement may be made of them . they say first , that by that time the queenes pious designe to advance popery was ready for the byrth . that designe was most industriously examined by them , and they had before them in the house of commons sir kenelme digby , mr. montague , and divers others ; and upon the narrowest sifting of that businesse , they thought it then fit to proceede no farther in it ; but now they make use of it to cast aspersions upon the king and queene , when they could finde no cause to punish the chiefe actors in the said businesse . secondly , they say , that there was a great designe amongst the papists for a generall massacre in ireland and england , and that a great royall person had a hand in it . it is to be wondered at , that they should on a suddain become so modest , as not in plain words to name ( the queen , whom they had formerly impeached by name ( with all her titles ) of high treason , and sought her life ; and now they would slily insinuate into the people , that she had a hand in so execrable a designe , as to massacre all the protestants of two kingdoms ; and that upon information given unto the late lord of canterbury , without a telling by whom the said information was given , or when ; neither set they down by whom the said massacre should have bin acted , or by what plot ; it is to be thought that it should have bin performed by the same hands that so many of the peers , and of the house of commons should have bin slain , had it not bin prevented by the tailors discovery in moorefeilds . thirdly , they say that the king confesseth he had sent the queen to holland . it seemeth that she was an obedient wife , and he a carefull husband of her , when he saw that most barbarous and inhumane usage of her , that her very bed-chamber could not be priviledged , but her nurse , and her confessor must be examined against her . they adde , that with the queen he sent the jewels of the crown . in whose hands could he better trust his own goods , which he saw likely to be taken from him , as his houses , furniture , and whole revenue , and that of the queen and prince had bin by them ? neither could he expect that his jewels should have bin safer then his liveries for his guards have bin of late ; and certainly his jewels were better disposed of , if they were pawned for powder and ammunition , then his guard's coats that are ordered to be sold outright for fire and candles for souldiers at whitehall . then they say , the queen many moneths before her voyage to holland , was going beyond the seas , had not their motion to the king stayed her , it seemeth then that the king was willing to gratify them , although it were with the crossing of the queen's desires ; and that the king's sending of her afterward into holland , was not untill she could not remain any longer amongst them with safety or honour ; for they themselves doe beleive that the king could have bin very well pleased to have enjoyed her company . these are the particulars that they set downe concerning the queene , in which there is little remarkable but their detestable malice ; for were it to bee expected that the queene ; bred up a roman catholick , and by capitulations and the kings oath , to enjoy the use of her religion in such sort as was agreed , should not looke to enjoy it ? especially her carriage ever since her coming into england having beene with that prudence and moderation , that the great officers of her court , and most of the ladies of her bed-chamber , have beene protestants , enjoying daily the use of their religion in her court , without beeing pressed by her to the least act , in waiting upon her or otherwise , that might offend or strain their consciences . but that a princesse of so high extraction as the blood of france , & daughter of the great henry the fourth , and their kings wife , that never had done any person wrong , but obliged all whensoever it was in her way , should finde such usage from subjects ; as to have all malicious false libels countenanced against her ; to be questioned for her life , only for the assisting of her husband ; to be forced to fly the kingdom ; to have all her revenue taken from her ; and now as though she had intended a generall massacre , to be rendred odious by this malicious libell , authorized by the name of the house of commons , it cannot but be held a most inhumane and barbarous proceeding , as indeed it is , by all the world but themselves . touching the letters written to the pope , king james sent his sonne ( then prince ) into spain , being about . years of age ; and instructed him , and the duke of buckingham that waited upon him , in all things touching the negotiation of the prince's marriage , which was then in treaty for a daughter of spain . and of all that passed , the prince gave the king his father almost daily advertisment by expresses ; and he received from him likewise directions upon all emergent occasion , neither sent he any letter to the pope , without his fathers privity and allowance . king james likewise himselfe at the same time did write letters to the pope , which he publiquely avowed , saying , the pope was a temporall prince , and he would write unto him upon any occasion in secular affairs , as freely as he did to the great magor , or to the great turke , when he wrote against him in point of controversies in religion , he would then ( he said give him those appellations that the cause required , but in his letters missive , he would give him those respects and civilities that befitted one temporall prince towards another . and certainly king james was no papist , although he were no freind to sectaries and separatists but had written more in the defence of the reformed religion , and to the displeasing of the pope , then all the princes of christendom had done since the reformation , and when he dyed , scarcely left a wiser man behinde him . but they are brought to great streights , when they are driven to take in the fathers grave ( dead . years past ) to finde matters for their malice against the sonne . for the letters spoken of to be written to the pope , on the behalfe of the duke of lorraign , i must confesse i want information in the point of the fact , but if it were so , he could not have written for a prince that was nearer allyed to him . and whereas it is said , that in requitall an army to invade england must be raised by him , it is a very unlikely story , that the duke of lorraign should be in condition to raise an army to invade england , but if he could afford his kinsman auxiliaries , or any other supplyes , he should he much to blame if he did it not . for the kings offer to the scots of the plunder of london , if they would advance , or of . pounds , and foure northern counties only to stand neuters : besides the ridiculousnesse to conceive any such offers could be made , they doe not so much as offer at any kinde of proof but follow their rule held throughout in all this their declaration ; audacter accusare , aliquid haeret , accuse boldly , somwhat will stick . they have all the kings letters and cabinets ; and it is not likely that any so great transaction could only have been verball : but if the king should have made this impossible offer , or any other , should he not have done like a prudent and good prince , to have called his own subjects from the adherence to his rebels , to their own loyalty and duties , though it should have bin by out-bidding of them ? after the kings returne from scotland , the great quantity of fire workes found in papists houses : no naming where , nor when , nor by whom the papists should have subdued the kingdom , only with granadoes and fire-works without any foote or horse , but those that about that time they had discovered to be kept under ground ; o how contemptible is it for a house of commons to abuse the kingdom with such squibs ? then they say , morters with great peeces of battery were mounted against the city ; and such officers placed in the tower , as were not only suspected by them , but by the whole city , who durst not abide in their houses , as by their severall petitions is manifest . they doe not say that one gun was ever shot , and they know that no one man did for feare forsake his house : nor any one act of injury or hostility committed towards them . as for the lieutenant of the tower , they would confide in none but such as a few factious men of the house ( who had conspired with a great party in the citty ) did appoint ; the king to give them satisfaction removed sir tho. lunsford ; then put in a gentleman of remarkable honesty and worth , and of great fortune ( sir john byron ) against whom no exception could be taken , but that he was not of their party ; against him ( when no other pretence could be found ) they alleaged , that if a person were not put into the tower , in whom the merchants might confide , there would be no more money brought into the mint : and although a hundred thousand pounds caution were offered on the behalfe of sir john byron , yet nothing would satisfie , unlesse the tower were put into such hands as they pleased to nominate , and it was publiquely avowed that if it were not speedily done , they would seize it by force ; and to that purpose they caused multitudes every day to come to the house whilest that businesse was in agitation . and as for the petitions , they know that they were all of their owne making ; and whosoever petitioned without their order , or not suteable to their sense , were severely punished ; as in the petition of kent , and many others , only such as they had ordered to be delivered to the houses ; and when they had no reason to uphold their demands , they then made use of tumults , and seditious and threatning petitions in stead of other arguments ; these they ever countenanced and supported ; as they did in this case of the tower , when they caused petitions to be delivered , desiring to know the names of the malignant lords that obstructed the businesse of the kingdome , and refused to assent to the votes of the commons , and they would right themselves by the remedy next at hand ( by which they meant their swords and clubs in their hands ) and thereby forced the votes of the lords , as it is pretended was done by the apprentices at pelham's parliament ; insomuch that that which had bin voted by . lords , for the not removing of sir iohn byron from his lievetenancy of the tower , was now carryed by . or . votes only ; ( contrary ro the orders of the house , that such things as upon the question had beene once setled , might not again that sessions be put to the question ) and by the threats of their petitions ; the noise and tumults at the doores by the multitudes ; the intimation of danger from the house of commons , and from the enraged people , which they feared would not be in their power to prevent : and by the lords of the party , who most boldly ( contrary to the essentiall freedom of parliament , relying upon their friends at the doore ) voted all such as should continue to dissent from the house of commons , to be enemies of the state ; whereupon most of the bishops and lords ( fearing to be reformed by the remedies next at hand ) held it wisdome to withdraw themselves : only . of above fourty ( that had formerly voted the contrary ) withdrew themselves ; and so the lords of the party over-ruled it ; and this narration will appeare to be true by the booke of the house of peers , if they have not since thought fit to expunge it . so that it is thought very strange , that the wisdome of the house of commons ( by calling to minde the use that they have made of petitions ) should give cause to have the memory of such shamefull proceedings to be revived . they then say that from this time the track of open force began to appeare . they first instance the kings charging some of both houses of treason ; the kings desiring to have some tryed by due course of justice ( never before denyed to any king , and in their owne remembrance practised , and by the house of peeres allowed ) must now be accounted a crime , and an act of open force in the king : but forget how many of their members the army hath impeached and forced to fly . they then speake of the bloody tragedy intended by the kings comming to the house of commons , if the affections of the city had not prevented it . if there had been any bloody tragedy intended by the kings coming to the house . it would have been the same day put in execution , before the city could have prevented it . but they may remember if they please , the testimony of cap. ashley , taken be fore a committee of both houses at grocers-hall , if it bee not suppressed ; wherein hee declared , that the king at the upper end of westminster-hall , before he went up the stayres to the house of commons , charged all those that accompanied him ( except some few ordinary servants ) not so much as to come to the staires , nor to offer violence or injury to any person upon pain of their lives . further , the king in that point did let himselfe downe so low to give them satisfaction , as was never done by any king towards his subjects ; but nothing but the dis-throning of himselfe , and leaving the soveraignty , is fit for them to accept . they say , that the king entred a protestation into the councell booke , that his calling of them a parliament , did not make them so ; and therein he said very true , that his calling of them a parliament doth not make them a parliament , ( that can be only done by his writ ) no more then his calling them no parliament , doth make them to be no parliament . but it is true , before his restraining of himselfe , hee could when hee pleased have dissolved them ; but if they have committed treason or felony ; and that that which their oracle sir edw. cooke , mr. solicitor , and that reverend old eleazar judge jenkins doe say , be true , that treason and felony do supersede all priviledges of parliament ; and although a corporation cannot commit treason , yet every person of the corporation may ; and if one , then ten , if ten , then a hundred , and so all : and if that house have had the ill lucke to commit treason or felony , ( although the king by reason of his restraint should not dissolve it ) yet it may become felo de se , and may destroy it selfe : and it is much doubted whether the king can raise them from the dead . then they come to their standing amazed at the kings solemn protestation of having never any thought of bringing up the northern army ; or levying of forces to wage war against his parliament ; or to invade the rights of his subjects ; or bringing in of forreign forces . they should have done well to have set downe the date of the said declaration ; as likewise the particulars wherein he hath satisfyed his said protestations ; and not to have kept themselves still upon the fraud of generalls ; nor confounded the times before they had entred into armes , with the times after the king had proclaimed them traitors and rebells ; times and circumstances , do often justly alter councells , and make those actions necessary and good , which without them might have appearance of blame : but if the particulars shall be set down with the times and circumstances , the falshood , as well as the malice will appeare , of their so often reiterated reproaching their king , with breach of oaths and protestations . they doe farther then charge the king , that he endeavoured to get out cannon , powder , and shot out of his own stores ; and they have a letter to that effect to sir iohn heyden : they say likewise that hee did attempt to have forced hull in an hustile manner . two such faults in the king as doe marvailously justify their resolutions and usages of him , which they set down to be the scope of this declaration : in the one , the king would have imbezel'd his own proper goods ; and in the other , he would have come into his own town , had not the traitor hotham kept him out for which they have given him such a reward , as others may justly expect , if their repentance and the kings goodnesse doe not prevent it . it was not long ( they say ) before the king proclaimed them traitors and rebels , and set up his standard against the parliament , which never king of england did before himselfe . herein they are mistaken , for the king did not set up his standard against his parliament ; his parliament was never named at the setting up of his standard ; but it was set up against those whom hee had first proclaimed traitors and rebels , which hath bin often done by the kings of england ; and so did his majesty now against an army marching toward him , to surprise his person ; and that within few dayes after gave him a battell , and did their best to have slain him under the command of the earle of essex , with whom they had all sworne and protested to live and dye . but that which they say , that never any king before set up his standard against his parliament ; it is true , for no king ever needed a standard against his parliament ; for that at their pleasures they could dissolve it with a breath ; and so might his majesty have done now , had not his goodnesse and unprovident desire of gratifying them restrained him , by assenting unto that act for the continuance of this present parliament : which they themselves protested in one of their declarations , they would never make use of to the kings disservice , but only to the ends for which it was granted , viz. to be a security for the raysing and paying of moneys ; which how they have performed let the world judge . it is then said , the king called a mock-parliament at oxford ; it is true that the king having declared the members sitting at westminster to be traitors and rebels ; and treason , as themselves have often acknowledged , discharging all priviledges , qualifications , capacitie , or abilities to act as a parliament ; the king was enforced to call to his councell and assistance , his loyall members of both houses , that had bin wrongfully , or by force and tumults driven from the houses at westminster ; and to require of them in his so great distresse their helpe and advice : but it is conceived that they will not be able to shew , that the king ever stiled it his parliament , but an assembly of the members of the lords and commons convened at oxford . and for that which they instance of private letter , intended only for the sight of the queene his wife , they will faile of the end for which they produce it , which is , to withdraw the affections of his faithfull servants ( which they call his own party ) from him by telling them , that they may perceive what reward they may expect , when they have done their utmost , and ship wrack't their faith and consciences to his will and tyranny : but his party ( as they terme it ) which are his faithfull and loyall subjects , as they have already most of them lost their estates and fortunes for their conscience and loyalty to him ; so they will sacrifice their lives willingly for his service and restitution . and as for that by-name of a mock-parliament , which they give unto that assembly ; they may remember that there was double the number of peers more then remained at westminster ; and for the members of the house of commons , they much exceeded in their estates and fortunes all those that were left behind them . they may likewise remember that they have not wanted their by-names in print ; as the jugles , & hocas-pocuses at westminster ; and by some who have ever adhered to them , have been stiled a linsey-wolsoy-parliament ▪ and their own army in their declaration , have called them a parliament swayed by a factious prevolent party , that governed by an arbitrary tyrannicall power . these things i must confesse are set down by me ( that have been a member of the house of commons ) with great grief , remembring the respect and reverence which in former times was born unto that house , and now changed into so great scorn and derision as weekly comes forth in print . they then adde , his often breach of trust with the protestants of france , scotland , ireland , and england , with all other his unjust oppressions ; and his often endevours to enslave them by german , spanish , lorraign , irish , and danish , and other forrein forces . those other forces must certainly be of turks , swedes , or polands ; for they have particularly recited almost all other nations , when now in all this their declaration , ( except such from ireland who were his own subjects , and who were bound in duty to come to the succour of their king , being invaded by a forreign nation , called in by them to conquer him ) they have not been able to instance in so much as one company of foot , or troup of horse of forreigners , that he hath called in , but they hope by this great noise of reciting so many nations , to fill the ears of the people , and to abuse them ; as they did by the speaking of the death of his father ; of the reproaching of his mother : of his bloudy cruelties , his oppressions , and tyranny ; his breach of trust , of oaths , and protestations ; and with those odious names , and a bold accusation , ( to which he should not have means to answer ) to make something stick with the people , whereby to alienate their hearts from him ; and to allay the detestablenesse of their most inhumane and barbarous proceeding with him . they then say , neither do we wonder he should forget his vows and protestations , that he would never consent to a toleration of the popish religion , or abolition of the laws then in force against recusants , yet about the same time he wrote letters to the queen , and the e. of ormond , that he would consent to the taking away of all penall laws against papists both in england and ireland . touching the letters to the queen , and the marquesse of ormond , they are all printed by their order ; and according to the information i have credibly received , by those letters it will appear , that the penall lawes touching recusants were not to be taken away ; and the favours intended to the papists were with such limitation , as they think fit to conceal . besides , there is a wide difference betwixt a toleration of popery , and the not putting in execution the penall lawes ; and so there is betwixt the abolishing of the penall lawes , and a temporary forbearance of the rigour of them , which hath been practised by queen eliz. king james , and his majesty ; but never in so high a degree , as by themselves toward the sectaries and separatists ( who by the law are recusants as well as papists ; ) yet they have made use of them in their service , without distinction of any sect , schisme , or heresie ; insomuch that at plymouth they made use of some turks in their service out of the gaole , that had been condemned as pyrats . and let them remember of what a composition their new model'd army is , by whom they have carried through their rebellion ; and how carefull they are now to uphold the liberty and freedom of them , under the name of tender consciences . yet it must be a crime in the king , for the saving of his crown , to encourage his own subjects to be loyall unto him ; and to assist him against his rebels , by promising them some favour against the rigour and extremity of the lawes . there is no religion , or nation , english , welch , irish , scottish , french , hollanders , dutch , germans , turks , whose service they have not used to depose their soveraign , as it is now apparent , although at first they all fought for the king and parliament : and if he should have made use of them for his just defence , or shall do for his just restitution , his doing so , would be much more justifiable before god and man then what they have done . they then say , that notwithstanding that both houses , and the scotch commissioners did declare , that they did hold a personall treaty was not safe , yet the houses now yeelded to that ; that is , to a personall treaty . they might have remembred that the scots in their papers do set down why at that time they held a personall treaty at london not safe ; viz. because the king had several armies on foot , & many strong garrisons then ; neither was it known what party , or correspondency he might have in london ; all which considerations were now ceased ; and that therefore at present they held a personal treaty ( and that to be with the houses themselves , and at westminster ) most necessary . and thus with their art in confounding of times , they labour to abuse the world ; and to make shew as if they had yeilded to all that which the scots now desired ; whereas they would not treat with the king but in the isle of wight , and not with the houses , as the scots commissioners desired , but with their commissioners ; and whereas the scots desired that the king might be free and at liberty , they would have him still their prisoner . they further say , that all this was yeilded unto , upon condition that the king would sign but four bils , which they judged not only just and honourable , but necessary even for the present peace and safety during such a treaty . hereby they would insinuate that they desired the four bils but for security during the treaty ; whereas they know that those bils were to be made acts of parliament , and so perpetuall laws ; unlesse they intended that the treaty should be everlasting . as for the justness , honourableness , and necessity of the said four bils ; if they have vouchsafed to read the kings answer ( which was not of such importance whether they did or no , their resolution being taken before ; that if the king would not undo himselfe , they must undo him , which is said to have been the speech of a member of that house ) if they had read the kings answers , they would have found that the king had convincingly made it appear , that this their way of proceeding ( besides the unreasonablenesse of the bils themselves ) was irrationall , impossible , and must be ineffectuall to the making of peace , for which this treaty was pretended to be ; to which might be added , that it would have been invalid . it was irrationall ; for that it is contrary to the nature of a treaty , that the chief subject matters of the treaty should be first assumed . it was impossible ; because the king was desired to passe these acts by commission under the great seale , and not by his presence in parliament , whereas there is no such thing as a great seale , but a mock-seale of their owne making , of which sir edw. cooke , mr. sollicitor , and the above-named reverent judge , as well as three statutes , have likewise delivered their opinion . it must of necessity be ineffectuall ; for no peace could be concluded without the consent of the scots ; and they in the name of that kingdome protested against their bils , and manner of proceeding ; and like rationall men they declared , that they could not but wonder , that it could be supposed that the king having so often refused the said bils , for the procuring of a peace , should now condescend unto them , only for the procuring of a treaty . invalid it must needs be ; for it is well known , that imprison'd princes ( especially by their own subjects ) can do no valid act to the prejudice of themselves , much lesse of their successors ; besides it is well known what the doctrine of the above specified authors and the law is , touching constraining of the king by force . there shall no more be said of the manner of their condescending to such a condition'd treaty ( which they insinuate to have been a gracious proceeding ) only i will set down what a sober man said of it , & then speak to the matter of the bils by them desired : that the king was used like a man that had had his horse , moneys , sword , cloak , and cloak-bagge violently taken from him ; and the men that had rob'd him ( so that he would promise not afterward to prosecute them ) were content to treat with him about restoring him some part of his goods ; but he should first give his consent that they might keep his horse , his money , his sword , and his cloak ; but for his cloak-bagge , his nightcap , his slippers , and his shirts , they would treat with him ; and because he would not yeild to those conditions , they stript him of his cloaths , bound him , and cast him into a ditch . for the matter of the bils they say nothing , not so much as to insinuate what they were , and of them there will be a tract apart ; only two or three words shall be said to let the world see , that there were never so shamefull proposals made by any subjects to their king ; especially upon his refusall to yeild unto them , to lay the ground for his deposing , and imprisoning . . if the king should have condescended to the setling of the militia according to the bill offered by them , he should have devested himself and the crown for ever , of the means of protecting his subjects , the law , or the church , and thereby have been absolutely perjured , by breaking his oath of coronation ; he should have left his subjects meer slaves to their absolute power , by giving way that they might levy what men they pleased , without distinction of persons , quality , or limitation of numbers ; and under the pretext of paying the men so levyed , might raise what moneys they pleased , without restraint either in the manner or proportion . and having already ( as they pretend ) the legistative power in their hands without the king ; it is much wonderd that they should presse for any more bils then this ; for hereby alone they should be the most absolute princes in christendom , their wils being the only laws , and a setled power to uphold their will . . but it should seem being hereby become princes , they would not want that noble power of soveraignty , of conferring of honours ; they had once this parliament nominated a list of persons whom they intended to have made dukes , earls , and barons ; and now they would hook in that power by a bill . it may be said they intend it not without the king : that is but an illusion , for if they shal by bil make such persons peers , as they wil pretend have by their fidelity and courage preserved the state ; they have already declared , that the king ought to give his consent to such bils as the two houses offer unto him ; and in this rewarding of such heroes , as have been the preservers of their country , they will not take a denyall . and for their supplying their new lords with estates and revenues for their new callings , that is but giving the estates of some of the loyall lords ( whom they call delinquents ) to those their new lords ; which is done in a morning by an ordinance , as firmly as if it were by act of parliament . . in their third bil , of having all declarations & proclamations of their treason and rebellion to be revoked , they do not pretend a generall pardon or act of oblivion ; but they wil have a justification of all their actions and proceedings ; and all the blame and bloud of the war to rest upon the kings head , and his adherents ; and that they as traytors and rebels have forfeited their lives and estates , wherewith they will enrich themselves . so that the king must not only pardon , but justifie them whom he hath so often declared to have been traytors , and in his conscience believeth them to be so ( although he be willing to forgive and forget all that is by past ) but must leave in the hands of their mercilesse enemies , those that his conscience telleth him have been and are innocent loyall subjects ; and can be charged with no crime , but that they have served him faithfully according to their obligations by the law of god , the law of the land , their oathes , and naturall allegeance . insomuch that they are not content that the king should be poor , and without any power or authority ; but as they labour in this declaration to render him odious to his people , so they would make him infamous to all posterity , by delivering his faithfull true servants and friends ( that have suffered so much for him ) to totall ruine and destruction . . their fourth bill , is , for the further declaration of the act for the continuance of this parliament , as is pretended ; but in effect it is a further settling and confirming of it ; and certainly if there did any shame remain , they would blush to move the king in any thing concerning this bill ; considering upon what grounds the king was induced , or rather constrained to grant it ; & how they have solemnly protested by their declaration of the . of may . that they would do nothing by vertue of that gracious act , which otherwise had not been fit to have been done . but what use have been made , and still is , of the said act , ( beyond the intention in the preamble of the said bill expressed ) to the disservice of the king , and destruction of the kingdome , let the world judge . now since the kings not condescending to these four bils , is that which they themselves set down in this declaration to be the formall and reall cause of their making these votes , and consequently of deposing and imprisoning the king , ( for all the other particulars are but aggravations and accumulations of faults , which they say they have hitherto borne ) but this the kings present denyall of their bils , is that which without scorn and contempt to themselves , and ruine to the kingdome , they may not suffer ; and therefore have taken their present resolutions , to have no more to do with the king , but to settle the kingdomes without him . the case lyeth then plainly before the indifferent reader , whether the refusing of four such bils , so destructive in the matter to monarchy ; so enthrawling of the people to all sorts of slavery ; and in the manner so compulsory , so irrationall , and so impossible , be a justifiable cause for subjects to depose their king , to imprison his person , to defame him to the world , and to deny him all means of vindicating his innocency and honour . but now they say , having made this last so just and honourable application , they cannot but conclude , that by not assenting unto it , he hath forgotten not only his duty to the kingdome , but also the care and respect which he owes to , himself and his own family . how just and honourable the said application hath been , hath been formerly shewed , of which it may be with truth averred , that leaving aside the wickednesse in the matter , no story ancient or modern can parallel it ( for the undutifulnesse and impudence of it ) in subjects towards their king . to conclude , they say , that for these few of many reasons , they cannot repose any more trust in him ; but have made those former resolutions . certainly they have done ill to passe by their many reasons ; for these few have been much too weak to support so great a weight , as the wickedness of their deposing their king , and the using of him as they do : and it is to be beleived , that they would make use of the best of those reasons , having so great store out of which to make their choice . in the next place they say , they will notwithstanding indeavour to settle the present government , as may best stand with the peace of the kingdome . it is likely indeed to be a righteous government , and to last long , that a prevalent party in the house of commons shall settle without the king , and against all law . what hath been hitherto said , hath been to shew how free the king is from the aspersions endeavoured to be cast upon him by this declaration ; together with the great malice and falshood of it . first , many things in matter of fact are most untrue ; as that the king should have a hand in the irish rebellion ; that there was a designe of a generall massacre of all the protestants in england ; that the spanish fleet that came into the downes . was to enslave the subjects , &c. with many more such ridiculous falshoods . other things are perverted by false application of the facts , as that the horse that were spoken to be raised in germany , were for the enslaving of england ; whereas the truth is , that if that designe had gone forward , ( as it did not ) it had been to recover the palatinate . in other things were the facts untrue , by concealing part of the truth and the circumstances , which do clearly justifie the said fact ; the malice and fraud of the declaration is made most apparent ; as when they speak of slitting of noses , branding of faces , cutting off eares , the facts were true ; but they conceal that all these things were done by course of justice against notorious malefactors ; and so that which they should have called justice , they now bring for an instance of cruelty . fourthly , it is remarkable that all the greivances complained of throughout the kings whole reigne , though wholy redressed according to their own desires ; yet they are recharged , and the redresses not spoken of . so likewise are all the objections which they have formerly made , either of the passages of the war , or concerning the treaties ; although they have by the king been formerly fully answered , yet they obtrude upon the people all the said objections , and conceale from them the kings satisfactory answers ; and all this in so venomous and spitefull a language , that it is plainly to be seen , that their end is to make differences irreconcileable , and the king odious , that they may have the more colour to destroy him . it will now be necessary to speak a few words of their other proposition , viz. that a king that should be culpable of those crimes suggested in this their declaration , may be proceeded against , as they do now proceed with the king ; for to that end they have written this declaration , as conteining the reason of their resolutions and proceedings . this position is worse and more dangerous then their present rebellion , for that by gods goodnesse may soon have an end , but this position is a source , a seed-plot and nurcery of perpetuall rebellions . so much hath been written by all sorts of christians against this damned maxime , that here it shall be very briefly spoken of , and onely shewed , that it is full of impiety , perjury , and treason . impiety , towards god , who hath in his holy word so often commanded obedience to the powers by him ordained over us , and hath prohibited resistance upon pain of damnation ; and that to heathens , tyrants , and persecutors of his church , even to that monster of mankind , nero . perjury , by breaking so many oathes , protestations , and covenants , of bearing unto the king true faith and allegeance , of defending his person and honour , with all his just rights and dignities . treason , the levying war against the king , the adhering to his enemies , the indeavouring to alienate the hearts of the subject from the king , to remove the king from the government , or to imprison his person , to subvert the lawes , to indeavour to change the government either ecclesiasticall or civill , to reforme the king by force , and many other things are by the lawes , and acts of parliament ( and not by ordinances ) declared to be treason , and most of them so confessed by themselves this parliament to be so ; and for the pretence of some of them , the arch-bishop of canterbury , and the earle of strafford lost their lives . and here i shall leave that damned position , that subjects may depose their lawfull hereditary king , ( for so the king is in effect ) upon suggestions of his failings , or any other cause whatsoever . it remains yet to speak something of the scope of their so bitter railing , and reviling of the king with so foul a pen , as tyranny , cruelty , betraying , breach of oaths , &c. which is to make him odious ; for answer whereunto there shal be only offered unto the world and them , such truths of the king and his deportments , as the fiercest of his enemies shall not deny . he is known to be a prince of a most pious life , which he daily sheweth by his constant practice of all acts of devotion , as prayers , sermons , and frequent receiving of the holy sacrament . no blood hath been drawn by his anger or revenge ; no noble family dishonoured by his lust ; no debauchery or excesse hath received encouragement by his example ; no oathes or profanesse have been heard to come out of his mouth ; his prudence , ability & invincible courage and industry , are not unknown to themselves ; nor his patience and composedness of minde , in the highest afflictions and wrongs that have ever almost befallen any king ; and lastly , his goodnesse and clemency in desiring to put all by-past injuries into perpetuall oblivion . let these his known and undenyable vertues , besides his royal de●●●● , and undoubted title for six hundred years in england , and of kings in scotland , be put into the ballance , against all those malicious and 〈◊〉 aspersions that have been raked together against him ; and then let it be judged , whether it will not be an ill change for the people , to leave the subjection and government of such a prince , to put themselves under the tyrannie and arbitrary power of such a parliament , and such an army . one thing more shall onely be offered to the consideration of the people ; whether if the houses should condescend to a peace , upon no more then what the king offereth , besides all the concessions he hath granted this parliament , and what he hath offered from holdenby , from hampton court , and carisbrook castle ( before cited , ) the english nation should not be the freest and happiest subjects in europe . and whether if they continue under the present usurped power of the house of commons , and the army , ( for the lords serve now onely to be subservient unto them ) they shall not be the most miserable of all people ; by having their religion , lives , liberties , and lawes changed , and to be disposed of by the wils and arbitrary power of their fellow-subjects . it is againe desired ( as it hath been in the beginning of this answer ) that what is herein set down , may onely stay mens judgements , and put them into a deliberation ; untill the king ( who hath perfect knowledge and information of all the particulars , which in many things are wanting to the writer hereof ) shall himselfe set forth his full answer ; which is not likely to be long ; for that those who have the worst opinion of the proceedings of the house of commons , cannot suppose them to be so irrationall and barbarous , as not to let the king have a sight of this their declaration ; and to afford him all necessary means of making and publishing his answer . finis . the list of the army raised under the command of his excellency, robert earle of essex and ewe, viscount hereford, lord ferrers of chartley, bourcheir and lovaine: appointed captaine generall of the army, imployed for the defence of the protestant religion, the safety of his majesties person, and of the parliament; the preservation of the lawes, liberties, and peace of the kingdom, and protection of his majesties subjects from violence and oppression. with the names of severall officers belonging to the army. england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the list of the army raised under the command of his excellency, robert earle of essex and ewe, viscount hereford, lord ferrers of chartley, bourcheir and lovaine: appointed captaine generall of the army, imployed for the defence of the protestant religion, the safety of his majesties person, and of the parliament; the preservation of the lawes, liberties, and peace of the kingdom, and protection of his majesties subjects from violence and oppression. with the names of severall officers belonging to the army. england and wales. army. glover, george, b. ca. . [ ] p. : port. printed for john partridge, london : . includes engraved frontispiece "robert earle of essex, his excellence, generall of ye army", signed g. glo: sc:. annotation on thomason copy: "sep: ". signatures: a⁴ - c⁴. reproduction of the original in the british library. eng essex, robert devereux, -- earl of, - . england and wales. -- army -- lists. great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no the list of the army raised under the command of his excellency, robert earle of essex and ewe, viscount hereford, lord ferrers of chartley, england and wales. army. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion portrait of robert earl of essex robert earle of essex , his excellence , generall of ye . army . g. glo. fe the list of the army raised under the command of his excellency , robert earle of essex and ewe , viscount hereford , lord ferrers of chartley , bourcheir and lovaine : appointed captaine generall of the army , imployed for the defence of the protestant religion , the safety of his majesties person , and of the parliament ; the preservation of the lawes , liberties , and peace of the kingdom , and protection of his majesties subjects from violence and oppression . with the names of the severall officers belonging to the army . london , printed for john partridge , . the list of the armie . officers generall of the field . his excellencie robert earle of essex capt. generall . sir iohn merrick serjeant major generall , and president of the councell of warre . capt. iames seigneur provost marshall generall . tho. richardson carriage master generall . officers of the lord generalls train . sir gilbert gerrard knight , treasurer at warres . lionell copley esquire , muster-master generall . doctour isaac dorisla advocate of the army . henry parker esquire , secretary to the army . robert chambers auditor of the army . william earle of bedford lo. generall . sir william belfoore knight , lievtenant generall . iohn dulbeir quartermaster generall . sir edward dodsworth commissary for the horse . iohn ward commissary for the provisions . iohn baldwine provost marshall generall . a list of the train of artillery . john earle of peterborough generall of the ordnance . philibert emanuel de boyes lievtenant generall of the ordnance . nicholas cooke an assistant to the lievtenant of the ordnance . alexander forboys a surveyor or comptroller . iohn lyon an engineer . sixe other engineers assistants . george vernon iohn phipps two commissaries of the ordnance , materialls , and ammunition . a commissary to distribute victuals . captain peter cannon a purveyor generall both for munition , and all other necessaries belonging to the ordnance . eighteen gentlemen of the ordnance . tho. holyman . robert barbar . patrick strelley . edward wase . anthony heyford . robert bower . henry edson . iames francklin . richard honey . ioshua sing . george ransom . samuell barry . daniell barwick . tho. rawson . tho. sippence . tho. crosse . tho. ayres . william hickson . iohn fowke a master of the carriages , or waggon-master for the artillery . wil. crawley a principal conductor of the train of artillery for the draught-horses and ammunition . edward west a commissary of the train of artillery for the draught-horses . george wentworth a quarter-master of the traine of artillery . edward frodsham , henry roe , iohn dungan . three captains to . pyoners . gerard wright , benjamin hodson , tho. williams . three lievtenants to . pioners lancelot honiburne master-gunner . christopher troughton provost-marshall of the artillery . edward okely a battery-master . ioakim hane fire-worker and petardier . william roberts fire-worker and petardier . harman browning a bridge-master for the traine of artillery . io. herdine an assistant unto him . lievtenant general de boys capt. of . fire-locks rich. price lievtenant to captain de boys . the list of the severall regiments of foot and horse . his excellencies regiment . captains . colonell his excellency . leiv . col. w. davies . ser. m. jo. bamfield . sir antho. st. john . chr. mathias . jo. skrimpshiere . tho. skinner . roger bettridge . tho. ward . edw. leventhorp . lievtenants . john rainsford . fulk musket . hugh justice . wal. reed . geo. clarke . alex. edwards . jo. cracroft . tho. lanford . hen. stevens . ensignes . iohn lloyd . ienkin song . edw. cockram . will. bowen . io. iohnson . tho. hastings . andr. ward . hugh harding . sir philip stapleton captain of . curassiers for his excellencies guard , adam baynard lievtenant , paul gresham quarter-master , captain nathaniel draper captain to the generals troop of . carbines , iohn strelley cornet , abraham carter quarter-master . fire-locks . captains . robert turner . ambrose tindall . nicho. devereux . phisitian to the train and person . dr iohn saint-iohn . chirurgion to the traine and person . lawr. lowe . chirurgion to the regiment . william parkes . lievtenants . vseus martery . nich. halford . tho. lawrence . carriage-master . william wren . chaplain . stev . marshall . chaplaine for the regiment of horse . doctor burges . ensignes . sir iohn merricks regiment . captains . col. sir . ioh. merrick . l. c. vincēt kilmady ser. m. will. herbert _____ tyer . _____ lower . fran. merrick . tho. lawherne . iohn lloyd . iohn edwards . iohn baily . lievtenants . provost marshall . iohn treme . chaplain . _____ tucker . ensignes . chirurgion . iohn woodward . the earle of peterboroughs regiment . captains . col. jo. e. of peterborow l. c. sir faithf . fortescue ser. ma. francis fairfax sir edward payton . phil. dutton . bevill prideaux . robert knightley . io. butler . hen. lovell . geo. blunt . lievtenants . geo. rouse . richard orfice . io. rice . william thorp . henry case . o●nall fountaine . tho. treist . iohn balstone . george hartridge . iames grimes . ensigns . _____ goldsborow . iohn apew . alex. thory . iohn bridges . iames harrison . bevill cruttenden . richard lidcoat . thomas laharn . iohn pewe . cha. harrow . the earle of stamfords regiment . captains . col. hen. e. of stamf. liev. col. edw. massie ser. m. const. ferrer tho. savill . iames gray charles blunt . peter crispe . isaac dobson . arnold cosbie . io. bird . lievtenants . iohn clifton . iames harcus . william hewet . william white . iames bock . robert hampson . io. hemens nath. tapper robert mallery hen. cantrell ensigns . iohn chambers io. starkey tho. griffin william pincock edw. gray . hen. collingwood tho. barnes iames baker laur. clifton quarter-master . ferdinando gray . carriage-master . rich. phillips . chirurgion . iohn rice provost marshall . robert powell the lord sayes regiment . captains . col. willm lord say l. c. ge. hutchinson ser. ma. ia. atchason geo. marrow christo . burgh iam. temple walter lloyd morgan tinne robert blowe bussy basset lievtenants . iohn rainsford luke weekins iam. hannam _____ hoare _____ langford tho. haynes william howard ion. newcomin edw. carwardine ensignes . iohn butcherfield ioseph farnes io. kelly _____ corby ben. lee tho. golledge _____ gittings tho. sweeper prue prideaux quarter-master . hum. dix the lord whartons regiment . captains . col. phil. l. wharton liev. col. ier. horton ser. ma. owen parry robert long henry carew iude leigh henry skipwith chr. baily _____ gibbons elias struce lievtenants . ch. holcroft fr. fitshues edw. browne tho. albany william browne william bridges george vsher william emerson anthony masham isaac turney ensignes . _____ blake tho. radford robert hughs roger moore william heydon edw. horton io. garret ier. gardiner rich. bland edw. horton provost marshall . george higham carriage-master . io. broughton the lord rochfords regiment . captains . col. lord rochford liev. c. ed. aldrich ser. m. th. leighton tho. drake george walsh philip ballard benjamin hooke fran. hudson iasper brand geo. willoughby lievtenants . io. norship william shawe edw. deering walter bradley ralph carter edw. melson io. sheppard matth. stoaker humphry dimock miles ashton ensignes . henry newdigate mount sanders ieffery lloyd peter blewin edw. lovell george burrell william williams hen. smith io. bramston quarter-master . miles dobson chaplain . io. page provost marshall . io. burbeck carriage-master . io. poore the lord saint-iohns regiment . captains . col. oliver l. st. iohn liev. col. tho. essex . ser. ma. ed. andrews timo. neale . oliver beecher . jo. harvie . lewis pemberton . tho. miles . jo. hilderson . tho. thorogood . lievtenants . theo. paholigus . will. boughty . william cafie . jos. sears . lyon pilkington . tho. bedealls . edw. carew . rich. more . iohn wood . wendy oxford . ensignes . io. marshall . tho. ioy . edw. gravenor . geo. elliot . lewis mordent . noah neale . hen. tayler . ios. scarbrough . ric. parker . hen. lovell . carriage master . tho. greene . provost marshall . robert lucas . chirurgion william roberts . quarter-master . william walwin . chaplain . iohn vinter . the lord brooks regiment . captains . col. the lord brook liev. col. sir ed. peto s. m. wal. ailworth tho. fitch . io. lilborne . ralph cotsforth . tho. hickman . nicho warren . _____ sambridge . iohn bridges . lievtenants . iohn ashfield . christ . langton . daniel hinton . nich. ling. iohn mattersey . io. morris . roger cotterell . iohn gates _____ wivell . william bridges . ensignes . iohn davis . iohn warren . tho. roberts . william taton . tho. hinde . hum. lyeathcock . io. peto . tho. ginnings . _____ cotton . _____ eggleston . waggon-master . iohn smith . provost marshall . william coleman . chirurgeon . iohn cleare . quarter-master . iohn hunt. the lord mandeviles regiment . captains . col. hen. l. mandevil l. col. io. parkinson . serj. ma. iohn drake fra. wilson . hen. samerster . edw. watts . robert goodwin . robert palmer . dan. redman . osborn williams . lievtenants . _____ turkington . iohn hoskins . roger whetstone . fra. ballard . hen. worth . io. rose . bridges bushell . nich. dibdale . hugh beeston . iames blodwell . ensignes . iasper goodwin . nath. walmsly . tho. davies . io. ramsey . cha. davies . tho. goodwin . math. milbourn . _____ fleming . iohn daily . provost-marshall . iohn turner . chaplain . simon ash . chirurgion . william stannard . carriage-master robert ousby . quarter-master . nich. wood . the lord roberts his regiment . captains . col. iohn . l. roberts . l. col. will. hunter ser. m. alex. hurry . iames witcherly . io. walker . io. mercer . mark grimes . iohn mill . ionath . elliot . iam. fookes . lievtenants . geo. graden . tho. keckwick . rich. baron . walter heys . iohn melvin . tho. turrell . barnard smelomb . iohn spooner . dan. trevor . ensignes . tho. rouse . william hender . alex. tulidaffe . cuthbert farley . ios. normington . iohn skudamore . mark grimes . edw. ienings . ben. groome . iohn merrick . quarter-master . william rawlins . carriage-master . thom. higgins . chirurgion . edw. cooke . provost marshall . hum. franouth . chaplain . d. calibut downing colonell cholmlies regiment . captains . col. sir he. cholmly l. col. launce alured ser. m. th. southcot henry ienkins william bateler henry katcose goddard leigh richard iones robert hunt iohn bury lievtenants . mich. iobson mich. dane william wellin george fulwood io. shanke io. fisher _____ andrewes _____ goodwin smith wilkinson ensignes . hugh philips george rotheram hen. burksley tho. apleby william west barth. burrell herald skrimshaw provost marshall . nicholas garth chaplain . adoniram bifield colonell hollis his regiment . captains . col. denzell hollis l. c. hen. billingsley ser. maj. iam. quarls allen povey william barke richard lacy george harlocke io. francis william burles _____ bennet lievtenants . rich. parker io. court geo. hampson roger noard io. owen tho. lawrence _____ samuel tho. churchman ensigns . ralph walset rawley willis edw. neve tho. cattorill robert willoughby tho. clement alexander payard colonell bamfields regiment . captains . col. willm bamfield l. c. s ro wingfield ser. major . sam. price robert baker richard benson iohn iesop io. minshaw william owen thomas staffarton _____ pawlet lievtenants . io. hart ambr. cade ralph garth tho. durdo thomas latimer hogan rookwood hum. burton albion derickbore hen. wray andrew ball ensignes . samson manaton george wingfield sym. giggins io. rose io. browne william blake richard iackson io. price fr. barker tho. hudson chaplain . freeman quarter-master . chri. allanson provost marshall . richard gay chirurgion . richard searle carriage-master . hen. beecher colonell granthams regiment . captains . col. tho. grantham liev. c. fran. clarke ser. ma. io. holman hen. ashley sir tho. pigot richard gibbs tho. rogers francis grantham george slatford henry blundell lievtenants . francis gay edw. tetlow isaac challys thomas lee steph. deane edw. apseley io. blanden miles hitchcock geo. walter tho. sparrow ensigns . nethermill garrard tho. browne thomas coo george langford io. middleton henry gurney sheldon napper iob throckmorton ben. betsworth tho. blundell quarter master . hen. throckmorton provost marshall . robert gibbons carriage master . io. hopkinson sir william constables regiment . captains . col. sr. w. constable liev. col. rob. grain . ser. m. he. frodsham tho. eure . iam. breckham . io. fenwick . simon needham . ben. cicill . humph. iones . iam. gray . lievtenants . edm. hackluit . io. linch . _____ sumner . io. dugdaile . tho. compton . hen. pownall . tho. best . iacob stringer . _____ courtop . ro. harvie . ensignes . ioseph smith . william knight . william miller . arthur young . _____ lister . arth. pargiter . _____ harecourt . iohn gorge . tho. roe . moses neale . provost marshall . iohn yarner . chirurgion . nath. harris . quarter-master . william bradford . carriage-master . caleb love-ioy . chaplain . william sedgwick colonell ballards regiment . captains . col. tho. ballard . liev. c. fran. martin . ser. ma. wil. lower . tho. middleton . fran. foukes sen . edward allen . edw. primrose . peter momford . io. browne . robert noyes . lievtenants . leon moreton . io. hughes . dan. redman . iohn lookar . fran. fowke jun. fran. bowyler . edw. norbury . robert davies . ensignes . hen. collingwogd william fowles . cha. parker . robert purpell . henry higgins . tho. axstell . io. hardy . edw. wett . william ogee . tho. brandy . william garfoot . quarter-master . iohn lamsdie . waggon-master . iere. burleigh . provost marshall . ben. ludlow . sir villiam fairfax his regiment . captaines . c. sir william fairfax l. col. will. monings ser. maj. iarvis paine . francis rogers . edward ondingsell . thomas rush . michael bland . robert wilshiere . _____ leighton william trunke . lievtenants . david goldsmith . thomas whitney . george tirwhit . iohn caldecott . william france . thomas rutton . francis bland . george gifford . william llewellin . iohn foster . ensignes . iohn read . atwell needham . iohn lloyd . richard adams . richard upton . edward otter . iames sleigh . io. white . theophilus willey . samuel kenarick . quartermaster , thomas tyrer . provost-marshall , henry fisher . chirurgion , iames winter carriage master , henry ward . colonell charles essex his regiment . captaines . coll. charles essex . l. c. adam coningham ser. maj. _____ william roberts . io: ienkins . francis hall . william frederick . iohn haselwood . samuel loftus . sir william essex . lievtenants . francis hall . edward barnewell . iames webb . ralph williams . barth. elliot . walraven hemert . christoph . crow . christoph . chidley . iames burrell . ensignes . io: shipman . leonard hawkins . io: wheeler . io: watkins . traccy smart . io: withers . william stratford . thomas fiz . robert shergall . daniel robinson . richard thornehill . quartermaster , roger wase . provost-marshall , martin benthin . chaplaine , samuel wells . chirurgion , io: browne . colonell john hambden his regiment . captaines . coll. iohn hamb●en , liev. c. wag●taff . ser. maj. will. b●r●●ff . richard ingolde●be . _____ nicholls . _____ arnett . john stiles . _____ raymant . robert farrington . _____ morris . lievtenants . henry isham . a dutchman . _____ shorter . ensignes . edward willet . laurence almot . chaplaine , william spurstow how the number of souldiers in each regiment of foot are divided under their severall captaines . the colonells company the lievtenant collonells company the serjant majors company seven captaines every regiment consists of besides officers . the names of the counsell of war . sir iohn merick , president . sir william belfore lieutenant-generall of the horse . colonell wardlaw . colonell grantham . sir william constable . philbert emmanuel de boyse , lievtenant generall of the artillery . doctor isaac dorisla , advocate of the army . the list of the troops of horse , under the command of william earle of bedford : each troop consisting of horse , besides two trumpeters , three corporalls , a sadler and a farrier . colonells and their officers . coloneell , william earle of bedford . major chirurgion , hugh ward . colonell , sir william balfore . major , iohn vrrey . chirurgion , iames swright . colonell , bazill lord fielding , major , robert beckill . chirurgion . colonell , lord willoughby of parham . m. c. collonell , sir william waller . major , horatio carew . chirurgion , iames bricknell . colonell , edwin sands . major , alexander douglas . chirurgion , iohn anthony . . troop . the l. generals liev. w. ansell cornet , iohn palmer quartermast . c. sir w balfore . l. iohn meldram . c. william jewty . q. . c. l. grey , groub : l. sim. matthewes c. tho. barington . q. david madox . c. e. of peterb . l. herb. dlausherd c. will. cheney . q. . c. lord say . l. henry atkinson c. john croker q. robert parin . c. lord brooke . l. richard crosse . c. rob. lilbourne . q john okey . c. lord hastings , l. tho. gratwick c. henry ayfluye . q. tho : mesham c. lord saint john l. marmad . couper c. oliver cromwel q. will. wallen c. lord stanford . l. samuell bosa c. cap , ri. bingley q. thomas vaves . c. lord fielding . l. reeve bayley c. tho. brudnell . q william tovey c. lord wharton . l. ralph whistler . c. peter ware . q. nich. battersby c. l. willougby of p. l. hum. brookbank c. tho. hickman . q. c. lord grey l c q. madox c. james sheffeld l. thomas jewks c. rich : maunder q. richard jolly c. sir w : waller l. ric : newdigate c. foulke grevill q. francis grey c. john gunter l. henry strelly c. james godderd . q. edw : pudsey c. william pretty l. mat : ploughman c. miles morgan q nich : smith c. rob : burrell l. john greene c. nathaniel west q. thomas eliot c. francis dowett l. hen : sanderson c. thomas gore q. john otter . c. iames temple l. william baker c. carax ling q francis sharpe . . c. iohn bird l. samuell bosa c. ambrose rooke q. ionathan finch . . c. mathew draper l. c. iohn strelly q. abrah : carter . . c. dimock . l. c. q. . c. horatio carey l. ionas vandrusihk c. george hutton . q. . c. iohn alured . l. c. q. . c. iohn neal l. rob : bruse . c. q. . c. iohn hamond l. c. william gill q. isack cavaler . . c. ed : ayscough l. thomas mosley c. sayer q. clarke . . c. alex : pym l. arnold haward c. rich : compton q. ralph romitree . c. iohn hotham l. c. q. c. arthur evelin l. c. joh : de la hay c. q. c. geo : thompson l. john coyshe c. john upton q. will : couse c. edwin sandys l. john cockaine c. q. c. anth : milemay l. hen : hatcher c. sam : cosworth q. tho : varnon c. edw : kyghley l. will : cooker c. tho : loftus q. alex : winchester c. nath : fines l. c. q. c. edward berry . l. c. ed ; saunders c. tho : billiard q. hen : woodnoth c. alex : douglas l. c. q. c. tho. lidcott l rob : stradling c. q. c. tho. hamond l. john lindsey c. mi : wanderford q. c. john dulbeir l. will : framton c. h : vanbraham q. jo. downcham c. francis fines l. james moore c. henry fines q. george malten c. s. a. haselwrick l. jervis brakey c. tho : horton q zach : walker c. s. walt : earle l. ed. johnson c. q paul scooler c. john fleming l. robert kirle c. ed : fleming q. b ▪ blackborow c. ar : goodwin l. john browne c. peter palmer q. william jacey c. rich : grenuile l. charls fountain c. john james q. alex : davison c , tho , terrill l , william spry c , ioseph ianes q. ed : throwley , c. john hale l. chenie fuller c. i. midehoope q. michael hale c. h. milmay of g. l. henry gibb c. robert milmay q edmund hadon c. will. balfoore l. c. george west q. c. george austin l. c. q. c. adrian scroope l. william day c , max : vetty q. henry nuby c , herc , langrïsh l , iohn dingley c , i , de la blancheur q. iohn ealsinan c. edw : wingate l. thomas evans c. hen : daldorne , q jo : whitebread c. edw : baynton l. c. q. c. ch : chichester l. john hide c. edward weeks q. richard gourd c. henry ireton l. john de gennis c. samuel clarke q christ : briston c. walter long l. nich : battersby c. coniers cooper q. walt : harcourt c. john fines l. jo : carmichaell c. edw : walley q. will : bugslock c. fr : thompson l. thomas elliot c. vincent corbet q. philip barley c. edmond west l. c. q. c. sir robert pie l. c. q. c. tho : hatcher l. c. q. c. robert vivers l. c. q. c. will : anselme l. c. q. c. oli : cromwell l. cutbert baildon c. jos waterhouse q iohn disbrow c. robert kirle l. ch : fleming c. iames kirle q. iohn ball c. sir will : wray l. c. q. c. william pretty l. ma●h : plowman c. miles morgan q. anth : arundell c. sir ioh : sanders l. will : wardley c. mat●hew pedar q. iohn harding c. tho : temple l. c. q. c , valen: watton l , iarvis bonner c , watton q , obadiah crish sir faith : fortescue l , c , q ▪ c , symon rudgley l , lew : chadwick c , edward fines q , dragooners , each troope consisting of horse , beside ; the officers . . colonell , and capt : john brown , major and cap : n●th : gordon sir john browne , captaine . cap : robert mewer . lievt : thomas mewer . c●r : nicholas mewer . cap : william bucham , cap : robert marine . lievt : francis bradbury quartermaster , john blackman , provost-marshall , daniell lyon . cap : sir anthony irby lievt : william patrick . cor : richard le hunt. collonell , james wandlo lievt : george dunlas cap : archibald hambleton cap : alexander nerne cap : john barne cap : james stenchion . chirurgion , james heithley . those officers that are not mentioned in these lists , have not as yet received their commissions , by reason of their suddain imployment in the expedition . finis physician cure thy self: or, an answer to a seditious pamphlet, entitled eye-salve for the english army, &c. vvritten and publish'd for the information and benefit of the souldjery; and to them directed. april . . l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) physician cure thy self: or, an answer to a seditious pamphlet, entitled eye-salve for the english army, &c. vvritten and publish'd for the information and benefit of the souldjery; and to them directed. april . . l'estrange, roger, sir, - . [ ], p. printed for h.b. at the gun in ivy-lane, london : . attributed to sir roger l'estrange. annotation on thomason copy: "april. ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . eye-salve for the english armie. great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no physician cure thy self: or, an answer to a seditious pamphlet, entitled eye-salve for the english army, &c.: vvritten and publish'd for th l'estrange, roger, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion physician cure thy self : or , an answer to a seditious pamphlet , entitled eye-salve for the english army , &c. vvritten and publish'd for the information and benefit of the souldjery ; and to them directed . april . . london , printed for h. b. at the gun in ivy-lane , . physician cure thy self , &c. there 's a lewd pamphlet titled , — eye-salve for the english army , &c. — which being but a breviate of plain english , and the alarvm , &c. — needs no particular answer . he that reads one , reads all . it is divided into . heads . first . a tedious and scandalous charge against the late king . secondly . a groundless invective against our present soveraign . thirdly . reasons to the private souldjers : perswading them of the necessity to alter both the laws and government in order to their safety . lastly . a letter from some regiments of the army , to encourage the rest , into a revolt from the general , and an attempt of violence upon the nation . it were time lost to spend . sheets of paper upon the first section , and no body . pins the better for 't ▪ first , the particulars have been already answered ; and then , all before . is beside the present question . the reason of the warr , or the transactions of it , is not the poynt ; but why was blood shed in the time of peace ? why did these fellows , that during the hazzard of the war , vowed , and covenanted to preserve the king : but having got the power of the sword into their hands , usurped also that of the government , and murthered him : acting extravagancies themselves , far greater than calumny it self could ever have the face to fasten upon the king ? and all this under no pretence of other necessity , than what the fowlenesse of their crimes , and the guilt of their own souls engag'd them in . in one word : the question dates from the seclusion of the members in . and that act shews us who were reformers , and who jugglers . now for his clamours against the present king : as they are neither likely in themselves , nor credited by the people ; so i shall not clogg my self with proofs unnecessary , to acquit him : referring rather what i have to deliver , upon this subject , to the next head ; and that is , his advice to the private souldiers ; to which , i should subjoyn my own , and to whom i shall dedicate the rest i have to say . this eye-salve , gentlemen , which our pretending oculist presents you with , is a medicine of the same composition , which ( by general report ) strook milton blind : and 't is his interest that you should be so too . you cannot but observe how full of calumny and treason it is : and one thing most remarqualle take notice of . your safety is the only argument he employs , to engage you in the most bloody , vnchristian , trayterous , hopeless , and ridiculous design that ever was projected . consider , my masters : you are men , not beasts ▪ christians , not turks ; subjects , not governours ; reasonable creatures , not asses : and in fine , you have souls to save . i should esteem my self exceeding happy to see a good event of my wishes , and endeavours towards you : and i do undertake by a plain evidence of sober reasons , to shew you both a clear light to walk by ; and a far safer way to a much nobler end than he proposes . his counsel is , that for your future safety you would seriousl● mind these ensuing particulars . and mine is the same counsel too ; mind them well , and you 'll find your safety lyes in avoiding what he advises you to follow : and that his hand was in the wrong box ; for , what he calls an eye-salve , is rather a plague-plaster — but now to the particulars themselves . first , to abandon king , and lords , spiritual , and temporal , for these reasons . . they 'll seek revenge against you , for what you did against them . ly . they 'll have the sword in their hands ; and regulate their actions by will , not law , &c. ly . expect the same , if not greater tyranny than formerly , over your persons for conscience sake ; by whips , &c. ly . by the establishment of a single person , monopolies will be upheld , and trade destroyed , &c. — ly . if the king should be established ; that mony which should pay your arriers , must go to pay his debts . ly . you that have no fortunes , will be punish'd in your carcasses ; and branded with scorn , and ignominy as traytors to all posterity . in order : — and to the first , in the first place : . can any thing be more unreasonable , than to object revenge as dangerous to the private souldjers ? were ours the most vindictive prince that ever lived ( as you your selves know the quite contrary , so much as you know of him ) they were still safe . that revenge must be exercised either upon your lives , or fortunes . — as to your lives : what would that cruelty avayl him ; or what should move him to employ it ? a personal pique there can be none , he knows you not ; and beside ; - many of his father's party are mingled with you ; that took up arms for bread , and not in malice . — neither are you look'd upon as designers , but as souldjours ; under command : and such , as during a suspension of the civil government , subjected your selves to the law of arms : — you were neither judges , nor executioners ; — your businesse was in the field ; and the kings greatest harms were done in the intervals of peace . — further , your obligations under your present general give you both honour and protection . from whom , when ever you start , you are lost for ever . these very circumstances , would secure you , even from a barbarous enemy : much more then , from a prince , that by a principle of courage loves a souldjour : — by an impression of generosity , that loves a candid enemy : — and by a strong impulse of natural goodnesse and divine charity , that reckons duty in a subject , as a friendship : — and softens treason it self , in his familiar discourses , with the terms only of humane frailty . — how eagerly was he persued at worcester , and how miraculously preserved ! yet after this ; with how much tendernesse , and bounty ( out of his little stock ) did he compassionate , and relieve those very persons , in flanders , that sought his life at worcester ? enough is said to this point . examine now your danger in the point of fortune . ( i do not find many purchasers among the private souldjery . ) what have you got , for all your hazzards , but hunger , infamy , and rags ? when yet your thanklesse masters have put up half the revenue of three kingdems into their private pockets : without the venture of a broken head for 't . for shame , gentlemen , bethink your selves . leave these ungratefull wretches to their , lot : and save your souls ; your lives ; your freedoms ; — briefly ; all the benefits which your condition is capable of , you may enjoy ; and 't is not possible for you to prevail against the present posture and vnity of the nation . do you consider what it is these your sweet counsellers oppose ? the king forsooth . — to that ; — no body names him , but in return to them : and the main issue of our settlement is committed to . this immediate , and next parliament ; so that effectually ; — you are advised to alter the foundation of our long-establish'd laws , and some two thousand of you to make a war upon the whole rest of the nation . to end this point ; here 's the question . whether you should rather serve a pack of inconsiderable , covetous traytors ; that contrary to law , have rifled , and embroyl'd three nations ; and cheated you of your pay , that did their business for them ; and then ruine your selves too into the bargain ; — or on the contrary , return to your right mastor ; redeem your honor , and your country , by serving him , who having lost all that these people got ; yet succoured you ? ( having been long upon this particular , i shall be the shorter in the rest ) ly . you are advised to provide against a lawlesse tyranny do so , and quit them . but let me tell you ; they fear the law , more than the tyranny . ly . you shall be persecuted for conscience . ( they tell you ) no . they 're affraid of being lashed for want on 't . can you have better security in nature , for all religious liberties ; than the promise of that prince , whose habitual piety ; — tendernesse of nature ; — exact faith , and justice to his word : and whose vnalterable firmnesse to the protestant religion , under so great temptations to desert it ; — are so unquestionably evident ? ly . trade will not florish under a single person . committee-trade indeed it 's like will down : so will the trade of juggling in a pulpit ; — of shewing tricks with rings , and bodkins . but where 's the trade these fellows drive ? they would be major generals again perhaps ; — or is it , that hewson has a mind to cobble again ; — and my lord-sir-john-master-jack-berkstead would fall again to his old trade of thimble-making . ly . your arrieres must go to pay the kings debts . no : they that oppose the government , will probably be desired to pay for setling of it . ly . your carcases shall be punished , if you have no fortunes ; and you recorded for traytors . these gentlemen measure others by themselves . the first , hath been their practice , and the latter will be their fortune . for traytor is a brand upon such as resist authority , not upon those that submit to it . hitherto ; why no king . — now ; — why the law must run in another name ; ( in truth a seasonable consideration ) and a commonwealth be established . the reasons are so trivial , and so tedious , i shall not trouble my self with the particulars . this , in short , is the grosse of them . the law in the kings name speakes you traytors ; — sir thomas fairfax knight generall of the forces raised by the parliament. suffer the bearer hereof [blank] who was in the city and garrison of oxford, at the the surrender thereof, and is to have the full benefit of the articles agreed unto upon the surrender ... fairfax, thomas fairfax, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) sir thomas fairfax knight generall of the forces raised by the parliament. suffer the bearer hereof [blank] who was in the city and garrison of oxford, at the the surrender thereof, and is to have the full benefit of the articles agreed unto upon the surrender ... fairfax, thomas fairfax, baron, - . sheet ([ ] p.) by l. lichfield, [oxford : ] title from heading and first lines of text. place of publication and printer's name from wing. format from madan. dated at end: given under my hand and seale the [blank] day of [blank] . reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. -- early works to . great britain -- history -- civil war, - -- sources -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion sir thomas fairfax knight generall of the forces raised by the parliament . suffer the bearer hereof 〈…〉 who was in the city and garrison of oxford , at the surrender thereof , and is to have the full benefit of the articles agreed unto upon the surrender , quietly and without let or interruption , to passe your guards with his servants , horses , armes , goods , and all other necessaries , and to repaire unto london or elsewhere upon his necessary occasions . and in all places where he shall reside , or whereto he shall remove , to be protected , from any violence to his person , goods , or estate , according to the said articles , & to have full liberty at any time within six months , to goe to any convenient port , and to transport him selfe , with his servants , goods , and necessaries beyond the seas , and in all other things to enjoy the benefit of the said articles . hereunto due obedience is to be given , by all persons whom it may concerne , as they will answer the contrary . given vnder my hand and seale the th day of 〈◊〉 . ●o all officers and souldiers vnder my ●ommand , and to all others whom 〈◊〉 may concerne . 〈…〉 letters of state written by mr. john milton, to most of the sovereign princes and republicks of europe, from the year , till the year ; to which is added, an account of his life ; together with several of his poems, and a catalogue of his works, never before printed. milton, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) letters of state written by mr. john milton, to most of the sovereign princes and republicks of europe, from the year , till the year ; to which is added, an account of his life ; together with several of his poems, and a catalogue of his works, never before printed. milton, john, - . england and wales. lord protector ( - : o. cromwell) england and wales. lord protector ( - : r. cromwell) [ ], xlvii, [ ], p. [s.n.], london : . reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng milton, john, - . cromwell, oliver, - . cromwell, richard, - . england and wales. -- parliament. england and wales. -- council of state. great britain -- history -- commonwealth and protectorate, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion letters of state , written by mr. john milton , to most of the sovereign princes and republicks of europe . from the year . till the year . to which is added , an account of his life . together with several of his poems ; and a catalogue of his works , never before printed . london : printed in the year , . to the reader . prejudice over rules and sways a world of people ; and there is no question but this collection will meet with a great deal . there are some perhaps may censure it with an infandum regina jubes — bigots to something , but they know not what ; nor is it in their nature to examine the reasons of their antipathy . for after the exactest scrutiny that can be made , there is nothing to be met with in the following sheets , not wrested by tyrannical innuendo's , that can give the least offence ; unless good latin made good english be a crime . here are no discussions , which of the contending parties were in the right ; no justifications of the prosperous , nor conclusions from success . here are only bare matters of fact , abstracted from the domestick broils , and civil dissentions of those times . it only appears from hence , that a certain party of people , having by victory obtained the supream government of the kingdom , took the common methods of prudence and policy to strengthen themselves abroad , by leagues and amities with foreign princes . whatever they had done at home , they paid to all the european monarchs and potentates , that deference which became 'em : yet were they not so pusillanimously forward neither to court forreign friendship , or to conclude any treaties but to the advantage of the nation , according to those maxims which they professed ; and how severe soever they were to those they believed their enemies within dors , both the one and the other were most careful , not to suffer the merchants to be abused abroad , if either force or intercession could prevail . then , for the honour of those people , who had in those times successively vsurp'd the supream authority of the nation , nothing more plainly discovers it then the different style of the ensuing letters : for mr. milton is not to be thought to have written his own sense , but what was dictated to him by his superiours . the language of the long parliament was more imperious and downright ; oliver's vein more full of cants ; and where he concluded with threats , he began with godly expostulations . in the last place , to question the truth of those transactions to which these following letters have relation , would be a solecism which ignorance it self would be ashamed to own . the dates , the subscriptions , superscriptions , render every thing authentick . so that were it only for their character of truth which must be allow'd 'em , that alone is sufficient to recommend 'em to posterity : at least to those who may be ambitious to be the english thuanus's of succeeding ages , to whom the verity of these letters will be a useful clue , so far as it reaches , to guide them through the labyrinth of forgotten story . hony soit qui mal y pence . the life of mr. john milton . of all the several parts of history , that which sets forth the lives , and commemorates the most remarkable actions , sayings , or writings of famous and illustrious persons , whether in war or peace ; whether many together , or any one in particular , as it is not the least useful in it self , so it is in highest vogue and esteem among the studious and reading part of mankind . the most eminent in this way of history were among the ancients , plutarch and diogenes laertius of the greeks ; the first wrote the lives , for the most part , of the most renowned heroes and warriours of the greeks and romans ; the other the lives of the ancient greek philosophers . and cornelius nepos ( or as some will have it acmilius probus ) of the latins , who wrote the lives of the most illustrious greek and roman generals . among the moderns , machiavel a noble florentine , who elegantly wrote the life of castrucio castracano , lord of luca. and of our nation , sir fulk grevil , who wrote the life of his most intimate friend sir philip sidney : mr. thomas stanly of cumberlo-green , who made a most elaborate improvement to the foresaid lacrtius , by adding to what he found in him , what by diligent search and enquiry he collected from other authors of best authority . isaac walton , who wrote the lives of sir henry wotton , dr. donne ; and for his divine poems , the admired mr. george herbert . lastly , not to mention several other biographers of considerable note , the great gassendus of france , the worthy celebrator of two no less worthy subjects of his impartial pen ; viz. the noble philosopher epicurus , and the most politely learned virtuoso of his age , his country-man , monsieur periesk . and pitty it is the person whose memory we have here undertaken to perpetuate by recounting the most memorable transactions of his life , ( though his works sufficiently recommend him to the world ) finds not a well-informed pen able to set him forth , equal with the best of those here mentioned ; for doubtless had his fame been as much spread through europe , in thuanus's time as now it is , and hath been for several years , he had justly merited from that great historian , an eulogy not inferiour to the highest , by him given to all the learned and ingenious that liv'd within the compass of his history . for we may safely and justly affirm , that take him in all respects , for acumen of wit , quickness of apprehension , sagacity of judgement , depth of argument , and elegancy of style , as well in latin as english , as well in verse as prose , he is scarce to be parallel'd by any the best of writers our nation hath in any age brought forth . he was born in london , in a house in breadstreet , the lease whereof , as i take it , but for certain it was a house in breadstreet , became in time part of his estate in the year of our lord , . his father john milton , an honest , worthy , and substantial citizen of london , by profession a scrivener , to which profession he voluntarily betook himself , by the advice and assistance of an intimate friend of his , eminent in that calling , upon his being cast out by his father , a bigotted roman catholick , for embracing , when young , the protestant faith , and abjuring the popish tenets ; for he is said to have been descended of an ancient family of the miltons , of milton , near abington in oxfordshire ; where they had been a long time seated , as appears by the monuments still to be seen in milton-church , till one of the family having taken the wrong side , in the contests between the houses of york and lancaster , was sequestred of all his estate , but what he held by his wife . however , certain it is , that this vocation he followed for many years , at his said house in breadstreet , with success suitable to his industry , and prudent conduct of his affairs ; yet did he not so far quit his own generous and ingenious inclinations , as to make himself wholly a slave to the world ; for he sometimes found vacant hours to the study ( which he made his recreation ) of the noble science of musick , in which he advanc'd to that perfection , that as i have been told , and as i take it , by our author himself , he composed an in nomine of forty parts : for which he was rewarded with a gold medal and chain by a polish prince , to whom he presented it . however , this is a truth not to be denied , that for several songs of his composition , after the way of these times , three or four of which are still to be seen in old wilby's set of ayres , besides some compositions of his in ravenscrofs psalms , he gained the reputation of a considerable master in this most charming of all the liberal sciences : yet all this while , he managed his grand affair of this world with such prudence and diligence , that by the assistance of divine providence favouring his honest endeavours , he gained a competent estate , whereby he was enabled to make a handsom provision both for the education and maintenance of his children ; for three he had , and no more , all by one wife , sarah , of the family of the castons , derived originally from wales . a woman of incomparable vertue and goodness ; john the eldest , the subject of our present work. christopher , and an onely daughter ann ; christopher being principally designed for the study of the common law of england , was entered young a student of the inner-temple , of which house he lived to be an ancient bencher , and keeping close to that study and profession all his life-time , except in the time of the civil wars of england ; when being a great favourer and assertor of the king's cause , and obnoxious to the parliament's side , by acting to his utmost power against them , so long as he kept his station at reading ; and after that town was taken by the parliament forces , being forced to quit his house there , he steer'd his course according to the motion of the king's army . but when the war was ended with victory and success to the parliament party , by the valour of general fairfax , and the craft and conduct of cromwell ; and his composition made by the help of his brother's interest , with the then prevailing power ; he betook himself again to his former study and profession , following chamber-practice every term , yet came to no advancement in the world in a long time , except some small employ in the town of ipswich , where ( and near it ) he lived all the latter time of his life . for he was a person of a modest quiet temper , preferring justice and vertue before all worldly pleasure or grandeur : but in the beginning of the reign of k. james the ii. for his known integrity and ability in the law , he was by some persons of quality recommended to the king , and at a call of serjeants received the coif , and the same day was sworn one of the barons of the exchequer , and soon after made one of the judges of the common pleas ; but his years and indisposition not well brooking the fatigue of publick imployment , he continued not long in either of these stations , but having his quietus est , retired to a country life , his study and devotion . ann , the onely daughter of the said john milton the elder , had a considerable dowry given her by her father , in marriage with edward philips , ( the son of edward philips of shrewsbury , ) who coming up young to town , was bred up in the crown-office in chancery , and at length came to be secondary of the office under old mr. bembo ; by him she had , besides other children that dyed infants , two sons yet surviving , of whom more hereafter ; and by a second husband , mr. thomas agar , who ( upon the death of his intimate friend mr. philips ) worthily succeeded in the place , which except some time of exclusion before and during the interregnum , he held for many years , and left it to mr. thomas milton ( the son of the aforementioned sir christopher ) who at this day executes it with great reputation and ability . two daughters , mary who died very young , and ann yet surviving . but to hasten back to our matter in hand ; john our author , who was destin'd to be the ornament and glory of his countrey , was sent , together with his brother , to paul's school , whereof dr. gill the elder was then chief master ; where he was enter'd into the first rudiments of learning , and advanced therein with that admirable success , not more by the discipline of the school and good instructions of his masters , ( for that he had another master possibly at his father's house , appears by the fourth elegy of his latin poems written in his th year , to thomas young pastor of the english company of merchants at hamborough , wherein he owns and stiles him his master ) than by his own happy genius , prompt wit and apprehension , and insuperable industry ; for he generally sate up half the night , as well in voluntary improvements of his own choice , as the exact perfecting of his school-exercises : so that at the age of he was full ripe for academick learning , and accordingly was sent to the university of cambridge ; where in christ's college , under the tuition of a very eminent learned man , whose name i cannot call to mind , he studied seven years , and took his degree of master of arts ; and for the extraordinary wit and reading he had shown in his performances to attain his degree , ( some whereof spoken at a vacation-exercise in his th . year of age , are to be yet seen in his miscellaneous poems ) he was lov'd and admir'd by the whole university , particularly by the fellows and most ingenious persons of his house . among the rest there was a young gentleman , one mr. king , with whom , for his great learning and parts he had contracted a particular friendship and intimacy ; whose death ( for he was drown'd on the irish seas in his passage from chester to ireland ) he bewails in that most excellent monody in his forementioned poems ) intituled lycidas . never was the loss of friend so elegantly lamented ; and among the rest of his juvenile poems , some he wrote at the age of , which contain a poetical genius scarce to be parallel'd by any english writer . soon after he had taken his master's degree , he thought fit to leave the university : not upon any disgust or discontent for want of preferment , as some ill-willers have reported ; nor upon any cause whatsoever forc'd to flie , as his detractors maliciously feign ; but from which aspersion he sufficiently clears himself in his second answer to alexander morus , the author of a book call'd , clamor regii sanguinis ad caelum , the chief of his calumniators ; in which he plainly makes it out , that after his leaving the university , to the no small trouble of his fellow-collegiates , who in general regretted his absence , he for the space of five years lived for the most part with his father and mother at their house at horton near colebrook in barkshire ; whither his father , having got an estate to his content , and left off all business , was retir'd from the cares and fatigues of the world . after the said term of five years , his mother then dying , he was willing to add to his acquired learning the observation of foreign customs , manners , and institutions ; and thereupon took a resolution to travel , more especially designing for italy ; and accordingly , with his father's consent and assistance , he put himself into an equipage suitable to such a design ; and so intending to go by the way of france , he set out for paris accompanied onely with one man , who attended him through all his travels ; for his prudence was his guide , and his learning his introduction and presentation to persons of most eminent quality . however , he had also a most civil and obliging letter of direction and advice from sir henry wootton then provost of eaton , and formerly resident embassador from king james the first to the state of venice ; which letter is to be seen in the first edition of his miscellaneous poems . at paris being recommended by the said sir henry and other persons of quality , he went first to wait upon my lord scudamore , then embassador in france from king charles the first . my lord receiv'd him with wonderful civility ; and understanding he had a desire to make a visit to the great hugo grotius , he sent several of his attendants to wait upon him , and to present him in his name to that renowned doctor and statesman , who was at that time embassador from christina queen of sweden , to the french king. grotius took the visit kindly , and gave him entertainment suitable to his worth , and the high commendations he had heard of him . after a few days , not intending to make the usual tour of france , he took his leave of my lord , who at his departure from paris , gave him letters to the english merchants residing in any part through which he was to travel , in which they were requested to shew him all the kindness , and do him all the good offices that lay in their power . from paris he hastened on his journey to nicaea , where he took shipping , and in a short space arrived at genoa ; from whence he went to leghorn , thence to pisa , and so to florence : in this city he met with many charming objects , which invited him to stay a longer time then he intended ; the pleasant scituation of the place , the nobleness of the structures , the exact humanity and civility of the inhabitants , the more polite and refined sort of language there , than elsewhere . during the time of his stay here , which was about two months , he visited all the private academies of the city , which are places establish'd for the improvement of wit and learning , and maintained a correspondence and perpetual friendship among gentlemen fitly qualified for such an institution : and such sort of academies there are in all or most of the most noted cities in italy . visiting these places , he was soon taken notice of by the most learned and ingenious of the nobility , and the grand wits of florence , who caress'd him with all the honours and civilities imaginable , particularly jacobo gaddi , carolo dati , antonio francini , frescobaldo , cultelino , banmatthei and clementillo : whereof gaddi hath a large elegant italian canzonet in his praise : dati , a latin epistle ; both printed before his latin poems , together with a latin distich of the marquess of villa , and another of selvaggi , and a latin tetrastick of giovanni salsilli a roman . from florence he took his journey to siena , from thence to rome ; where he was detain'd much about the same time he had been at florence ; as well by his desire of seeing all the rarities and antiquities of that most glorious and renowned city , as by the conversation of lucas holstenius , and other learned and ingenious men ; who highly valued his acquaintance , and treated him with all possible respect . from rome he travelled to naples , where he was introduced by a certain hermite , who accompanied him in his journey from rome thither , into the knowledge of giovanni baptista manso , marquess of villa , a neapolitan by birth , a person of high nobility , vertue , and honour , to whom the famous italian poet , torquato tasso , wrote his treatise de amicitia ; and moreover mentions him with great honour in that illustrious poem of his , intituled , gieruemme liberata : this noble marquess received him with extraordinary respect and civility , and went with him himself to give him a sight of all that was of note and remark in the city , particularly the viceroys palace , and was often in person to visit him at his lodging . moreover , this noble marquess honoured him so far , as to make a latin distich in his praise , as hath been already mentiontd ; which being no less pithy then short , though already in print , it will not be unworth the while here to repeat . vt mens , forma , decor , facies , si * pietas , sic , non anglus verum hercle angelus ipse foret . in return of this honour , and in gratitude for the many favours and civilities received of him , he presented him at his departure with a large latin eclogue , intituled , mansus , afterward's published among his latin poems . the marquess at his taking leave of him gave him this complement , that he would have done him many more offices of kindness and civility , but was therefore rendered incapable in regard he had been over-liberal in his speech against the religion of the country . he had entertain'd some thoughts of passing over into sicily and greece , but was diverted by the news he receiv'd from england , that affairs there were tending towards a civil war ; thinking it a thing unworthy in him to be taking his pleasure in foreign parts , while his countreymen at home were fighting for their liberty : but first resolv'd to see rome once more ; and though the merchants gave him a caution that the jesuits were hatching designs against him , in case he should return thither , by reason of the freedom he took in all his discourses of religion ; nevertheless he ventured to prosecute his resolution , and to rome the second time he went , determining with himself not industriously to begin to fall into any discourse about religion ; but , being ask'd , not to deny or endeavour to conceal his own sentiments ; two months he staid at rome ; and in all that time never flinch'd , but was ready to defend the orthodox faith against all opposers ; and so well he succeeded therein , that good providence guarding him , he went safe from rome back to florence , where his return to his friends of that city was welcomed with as much joy and affection , as had it been to his friends and relations in his own countrey , he could not have come a more joyful and welcome guest . here , having staid as long as at his strfi coming , excepting an excursion of a few days to luca , crossing the apennine , and passing through bononia and ferrara , he arriv'd at venice , where when he had spent a month's time in viewing of that stately city , and shipp'd up a parcel of curious and rare books which he had pick'd up in his travels ; particularly a chest or two of choice musick-books of the best masters flourishing about that time in italy , namely , luca marenzo , monte verde , horatio vecchi , cifa , the prince of venosa and several others , he took his course through verona , milan , and the poenine alps , and so by the lake leman to geneva , where he staid for some time , and had daily converse with the most learned giovanni deodati , theology-professor in that city , and so returning through france , by the same way he had passed it going to italy , he , after a peregrination of one compleat year and about three months , arrived safe in england , about the time of the kings making his second expedition against the scots . soon after his return , and visits paid to his father and other friends , he took him a lodging in s. brides church-yard , at the house of one russel a taylor , where he first undertook the education and instruction of his sister 's two sons , the younger whereof had been wholly committed to his charge and care. and here by the way , i judge it not impertinent to mention the many authors both of the latin and greek , which through his excellent judgment and way of teaching , far above the pedantry of common publick schools ( where such authors are scarce ever heard of ) were run over within no greater compass of time , then from ten to fifteen or sixteen years of age. of the latin the four grand authors , de re rustica , cato , varro , columella , and palladius ; cornelius celsus , an ancient physician of the romans ; a great part of pliny's natural history , vitruvius his architecture , frontinus his stratagems , with the two egregious poets , lucretius , and manilius . of the greek ; hesiod , a poet equal with homer ; aratus his phaenomena , and diosemeia , dionysius afer de situ orbis , oppian's cynegeticks & halieuticks . quintus calaber his poem of the trojan war , continued from homer ; apollonius , rhodius his argonuticks , and in prose , plutarch's placita philosophorum & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 geminus's astronomy ; xenophon's cyri institutio & anabasis , aelians tacticks , and polyaenus his warlike stratagems ; thus by teaching he in some measure increased his own knowledge , having the reading of all these authors as it were by proxy ; and all this might possibly have conduced to the preserving of his eye-sight , had he not , moreover , been perpetually busied in his own laborious undertakings of the book or pen. nor did the time thus studiously imployed in conquering the greek and latin tongues , hinder the attaining to the chief oriental languages , viz. the hebrew , caldee and syriac , so far as to go through the pentateuch , or five books of moses in hebrew , to make a good entrance into the targum or chaldee paraphrase , and to understand several chapters of st. matthew in the syriac testament , besides an introduction into several arts and sciences , by reading vrstisius his arithmetick , riffs geometry , petiscus his trigonometry , joannes de sacro bosco de sphaera ; and into the italian and french tongues , by reading in italian , giovan villani's history of the transactions between several petty states of italy ; and in french a great part of pierre davity , the famous geographer of france in his time . the sunday's work was for the most part the reading each day a chapter of the greek testament , and hearing his learned exposition upon the same , ( and how this savoured of atheism in him , i leave to the courteous backbiter to judge ) . the next work after this , was the writing from his own dictation , some part , from time to time , of a tractate which he thought fit to collect from the ablest of divines , who had written of that subject ; amesius , wollebius , &c. viz. a perfect system of divinity , of which more hereafter . now persons so far manuducted into the highest paths of literature both divine and human , had they received his documents with the same acuteness of wit and apprehension , the same industry , alacrity , and thirst after knowledge , as the instructer was indued with , what prodigies of wit and learning might they have proved ! the scholars might in some degree have come near to the equalling of the master , or at least have in some sort made good what he seems to predict in the close of an elegy he made in the seventeenth year of his age , upon the death of one of his sister's children ( a daughter ) who died in her infancy . then thou the mother of so sweet a child , her false imagin'd loss cease to lament , and wisely learn to curb thy sorrows wild ; this if thou do , he will an offspring give , that to the worlds last end , shall make thy name to live . but to return to the thread of our discourse ; he made no long stay in his lodgings in st. brides church-yard ; necessity of having a place to dispose his books in , and other goods fit for the furnishing of a good handsome house , hastning him to take one ; and accordingly a pretty garden-house he took in aldersgate-street , at the end of an entry ; and therefore the fitter for his turn , by the reason of the privacy , besides that there are few streets in london more free from noise then that . here first it was that his academick erudition was put in practice , and vigorously proceeded , he himself giving an example to those under him , ( for it was not long after his taking this house , e're his elder nephew was put to board with him also ) of hard study , and spare diet ; only this advantage he had , that once in three weeks or a month , he would drop into the society of some young sparks of his acquaintance , the chief whereof were mr. alphry , and mr. miller , two gentlemen of gray's-inn , the beau's of those times , but nothing near so bad as those now-a-days ; with these gentlemen he would so far make bold with his body , as now and then to keep a gawdy day . in this house he continued several years , in the one or two first whereof , he set out several treatises , viz. that of reformation ; that against prelatical episcopacy ; the reason of church-government ; the defence of smectimnuus , at least the greatest part of them , but as i take it , all ; and some time after , one sheet of education , which he dedicated to mr. samuel hartlib , he that wrote so much of husbandry ; this sheet is printed at the end of the second edition of his poems ; and lastly , areopagitica . during the time also of his continuance in this house , there fell out several occasions of the increasing of his family . his father , who till the taking of reading by the earl of essex his forces , had lived with his other son at his house there , was upon that son's dissettlement necessitated to betake himself to this his eldest son , with whom he lived for some years , even to his dying day . in the next place he had an addition of some scholars ; to which may be added , his entring into matrimony ; but he had his wife's company so small a time , that he may well be said to have become a single man again soon after . about whitsuntide it was , or a little after , that he took a journey into the country ; no body about him certainly knowing the reason , or that it was any more than a journey of recreation : after a month's stay , home he returns a married-man , that went out a batchelor ; his wife being mary the eldest daughter of mr. richard powell , then a justice of peace , of forresthil , near shotover in oxfordshire ; some few of her nearest relations accompanying the bride to her new habitation ; which by reason the father nor any body else were yet come , was able to receive them ; where the feasting held for some days in celebration of the nuptials , and for entertainment of the bride's friends . at length they took their leave , and returning to forresthill , left the sister behind ; probably not much to her satisfaction ; as appeared by the sequel ; by that time she had for a month or thereabout led a philosophical life , ( after having been used to a great house , and much company and joviality ) her friends , possibly incited by her own desire , made earnest suit by letter , to have her company the remaining part of the summer , which was granted , on condition of her return at the time appointed , michalemas , or thereabout : in the mean time came his father , and some of the foremention'd disciples . and now the studies went on with so much the more vigour , as there were more hands and heads employ'd ; the old gentleman living wholly retired to his rest and devotion , without the least trouble imaginable : our author , now as it were a single man again , made it his chief diversion now and then in an evening to visit the lady margaret lee , daughter to the — lee , earl of marlborough , lord high treasurer of england , and president of the privy councel to king james the first . this lady being a woman of great wit and ingenuity , had a particular honour for him , and took much delight in his company , as likewise her husband captain hobson , a very accomplish'd gentleman ; and what esteem he at the same time had for her , appears by a sonnet he made in praise of her , to be seen among his other sonnets in his extant poems . michalemas being come , and no news of his wife's return , he sent for her by letter , and receiving no answer , sent several other letters , which were also unanswered ; so that at last he dispatch'd down a foot-messenger with a letter , desiring her return ; but the messenger came back not only without an answer , at least a satisfactory one , but to the best of my remembrance , reported that he was dismissed with some sort of contempt ; this proceeding , in all probability , was grounded upon no other cause but this , namely , that the family being generally addicted to the cavalier party , as they called it , and some of them possibly ingaged in the king's service , who by this time had his head quarters at oxford , and was in some prospect of success , they began to repent them of having matched the eldest daughter of the family to a person so contrary to them in opinion ; and thought it would be a blot in their escutcheon , when ever that court should come to flourish again ; however , it so incensed our author , that he thought it would be dishonourable ever to receive her again , after such a repulse ; so that he forthwith prepared to fortify himself with arguments for such a resolution , and accordingly wrote two treatises , by which he undertook to maintain . that it was against reason ( and the enjoynment of it not proveable by scripture ) for any married couple disagreeable in humour and temper , or having an aversion to each , to be forc'd to live yok'd together all their days . the first was , his doctrine and discipline of divorce ; of which there was printed a second edition , with some additions . the other in prosecution of the first , was styled , tetrachordon . then the better to confirm his own opinion , by the attestation of others , he set out a piece called the judgement of martin bucer , a protestant minister , being a translation , out of that reverend divine , of some part of his works , exactly agreeing with him in sentiment . lastly , he wrote in answer to a pragmatical clerk , who would needs give himself the honour of writing against so great a man , his colasterion or rod of correction for a sawcy impertinent . not very long after the setting forth of these treatises , having application made to him by several gentlemen of his acquaintance , for the education of their sons , as understanding haply the progress he had infixed by his first undertakings of that nature , he laid out for a larger house , and soon found it out ; but in the interim before he removed , there fell out a passage , which though it altered not the whole course he was going to steer , yet it put a stop or rather an end to a grand affair , which was more than probably thought to be then in agitation : it was indeed a design of marrying one of dr. davis's daughters , a very handsome and witty gentlewoman , but averse as it is said to this motion ; however , the intelligence hereof , and the then declining state of the king's cause , and consequently of the circumstances of justice powell's family , caused them to set all engines on work , to restore the late married woman to the station wherein they a little before had planted her ; at last this device was pitch'd upon . there dwelt in the lane of st. martins-l-grand , which was hard by , a relation of our author's , one blackborough , whom it was known he often visited , and upon this occasion the visits were the more narrowly observ'd , and possibly there might be a combination between both parties ; the friends on both sides concentring in the same action though on different behalfs . one time above the rest , he making his usual visit , the wife was ready in another room , and on a sudden he was surprised to see one whom he thought to have never seen more , making submission and begging pardon on her knees before him ; he might probably at first make some shew of aversion and rejection ; but partly his own generous nature , more inclinable to reconciliation than to perseverance in anger and revenge ; and partly the strong intercession of friends on both sides , soon brought him to an act of oblivion , and a firm league of peace for the future ; and it was at length concluded , that she should remain at a friend's house , till such time as he was settled in his new house at barbican , and all things for her reception in order ; the place agreed on for her present abode , was the widow webber's house in st. clement's church-yard , whose second daughter had been married to the other brother many years before ; the first fruits of her return to her husband was a brave girl , born within a year after ; though , whether by ill constitution , or want of care , she grew more and more decrepit . but it was not only by children that she increas'd the number of the family , for in no very long time after her coming , she had a great resort of her kindred with her in the house , viz. her father and mother , and several of her brothers and sisters , which were in all pretty numerous ; who upon his father's sickning and dying soon after went away . and now the house look'd again like a house of the muses only , tho the accession of scholars was not great . possibly his proceeding thus far in the education of youth may have been the occasion of some of his adversaries calling him paedagogue and schoolmaster : whereas it is well known he never set up for a publick school to teach all the young fry of a parish , but only was willing to impart his learning and knowledge to relations , and the sons of some gentlemen that were his intimate friends ; besides , that neither his converse , nor his writings , nor his manner of teaching ever savour'd in the least any thing of pedantry ; and probably he might have some prospect of putting in practice his academical institution , according to the model laid down in his sheet of education . the progress of which design was afterwards diverted by a series of alteration in the affairs of state ; for i am much mistaken , if there were not about this time a design in agitation of making him adjutant-general in sir william waller's army ; but the new modelling of the army soon following , prov'd an obstruction to that design ; and sir william , his commission being laid down , began , as the common saying is , to turn cat in pan. it was not long after the march of fairfax and comwel through the city of london with the whole army , to quell the insurrections brown and massy , now malecontents also , were endeavouring to raise in the city against the armies proceedings , ere he left his great house in barbican , and betook himself to a smaller in high holbourn , among those that open backward into lincolns-inn fields , here he liv'd a private and quiet life , still prosecuting his studies and curious search into knowledge , the grand affair perpetually of his life ; till such time as the war being now at an end , with compleat victory to the parliament's side , as the parliament then stood purg'd of all it 's dissenting members , and the king after some treaties with the army , re infecta , brought to his tryal ; the form of government being now chang'd into a free state , he was hereupon oblig'd to write a treatise , call'd the tenure of kings and magistrates . after which his thoughts were bent upon retiring again to his own private studies , and falling upon such subjects as his proper genius prompted him to write of , among which was the history of our own nation from the beginning till the norman conquest , wherein he had made some progress . when for this his last treatise , reviving the fame of other things he had formerly published , being more and more taken notice of for his excellency of stile , and depth of judgement , he was courted into the service of this new commonwealth , and at last prevail'd with ( for he never hunted after preferment , nor affected the tintamar and hurry of publick business ) to take upon him the office of latin secretary to the counsel of state for all their letters to foreign princes and states ; for they stuck to this noble and generous resolution , not to write to any , or receive answers from them , but in a language most proper to maintain a correspondence among the learned of all nations in this part of the world ; scorning to carry on their affairs in the wheedling lisping jargon of the cringing french , especially having a minister of state able to cope with the ablest any prince or state could imploy for the latin tongue ; and so well he acquitted himself in this station , that he gain'd from abroad both reputation to himself , and credit to the state that employed him ; and it was well the business of his office came not very fast vpon him , for he was scarce well warm in his secretaryship before other work flow'd in upon him , which took him up for some considerable time . in the first place there came out a book said to have been written by the king , and finished a little before his death , entituled , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the royal image ; a book highly cryed up for it's smooth style , and pathetical composure ; wherefore to obviate the impression it was like to make among the many , he was obliged to write an answer , which he entituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or image-breaker ; and upon the heels of that , out comes in publick the great kill-cow of christendom , with his defensio regis contra populum anglicanum ; a man so famous and cryed up for his plinian exercitations , and other pieces of reputed learning , that there could no where have been found a champion that durst lift up the pen against so formidable an adversary , had not our little english david had the courage to undertake this great french goliah , to whom he gave such a hit in the forehead , that he presently staggered , and soon after fell ; for immediately upon the coming out of the answer . entituled , defensio populi anglicani , contra claudium anonymum , &c. he that till then had been chief minister and superintendant in the court of the learned christina queen of sweden , dwindled in esteem to that degree , that he at last vouchsafed to speak to the meanest servant . in short , he was dismiss'd with so cold and slighting an adieu , that after a faint dying reply , he was glad to have recourse to death , the remedy of evils , and ender of controversies : and now i presume our author had some breathing space ; but it was not long ; for though salmasius was departed , he left some stings behind , new enemies started up , barkers , though no great biters ; who the first assertor of salmasius his cause was , is not certainly known , but variously conjectur'd at , some supposing it to be one janus a lawyer of grays-inn , some dr. bramhal , made by king charles the second after his restauration archbishop of armagh in ireland ; but whoever the author was , the book was thought fit to be taken into correction , and our author not thinking it worth his own undertaking , to the disturbing the progress of whatever more chosen work he had then in hands , committed this task to the youngest of his nephews , but with such exact emendations before it went to the press , that it might have very well have passed for his , but that he was willing the person that took the pains to prepare it for his examination and polishment , should have the name and credit of being the author ; so that it came forth under this title , joannis philippi angli defensio pro populo anglicano contra , &c. during the writing and publishing of this book , he lodg'd at one thomson's next door to the bull-head tavern at charing-cross , opening into the spring-garden , which seems to have have been only a lodging taken , till his designed apartment in scotland-yard was prepared for him ; for hither he soon removed from the foresaid place ; and here his third child , a son was born , which through the ill usage , or bad constitution of an ill chosen nurse , died an infant ; from this apartment , whether he thought it it not healthy , or otherwise convenient for his use , or whatever else was the reason , he soon after took a pretty garden-house in petty-france in westminster , next door to the lord scudamore's and opening into st. james's park ; here he remain'd no less than eight years , namely , from the year , till within a few weeks of king charles the d's . restoration . in this house his first wife dying in childbed , he married a second , who after a year's time died in childbed also ; this his second marriage was about two or three years after his being wholly depriv'd of sight , which was jusst going , about the time of his answering salmasius ; whereupon his adversaries gladly take occasion of imputing his blindness as a judgment upon him for his answering the king's book , &c. whereas it is most certainly known , that his sight , what with his continual study , his being subject to the head-ake , and his perpetual tampering with physick to preserve it , had been decaying for above a dozen years before , and the sight of one for a long time clearly lost . here he wrote , by his amanuensis , his two answers to alexander more ; who upon the last answer quitted the field . so that being now quiet from state-adversaries and publick contests , he had leisure again for his own studies and private designs ; which were his foresaid history of england , and a new thesaurus linguae latinae , according to the manner of stephanus ; a work he had been long since collecting from his own reading , and still went on with it at times , even very near to his dying day ; but the papers after his death were so discomposed and deficient , that it could not be made fit for the press ; however , what there was of it , was made use of for another dictionary . but the heighth of his noble fancy and invention began now to be seriously and mainly imployed in a subject worthy of such a muse , viz. a heroick poem , entituled , paradise lost ; the noblest in the general esteem of learned and judicious persons , of any yet written by any either ancient or modern : this subject was first designed a tragedy , and in the fourth book of the poem there are ten verses , which several years before the poem was begun , were shewn to me , and some others , as designed for the very beginning of the said tragedy . the verses are these ; o thou that with surpassing glory crown'd ! look'st from thy sole dominion , like the god of this new world ; at whose sight all the stars hide their diminish'd heads ; to thee i call , but with no friendly voice ; and add thy name , o sun ! to tell thee how i hate thy beams that bring to my remembrance , from what state i fell ; how glorious once above thy sphere ; till pride and worse ambition threw me down , warring in heaven , against heaven's glorious king. there is another very remarkable passage in the composure of this poem , which i have a particular occasion to remember ; for whereas i had the perusal of it from the very beginning ; for some years as i went from time to time to visit him , in a parcel of ten , twenty , or thirty verses at a time , which being written by whatever hand came next , might possibly want correction as to the orthography and pointing ; having as the summer came on , not been shewed any for a considerable while , and desiring the reason thereof , was answered , that his vein never happily flow'd , but from the autumnal equinoctial to the vernal , and that whatever he attempted was never to his satisfaction , though he courted his fancy never so much ; so that in all the years he was about this poem , he may be said to have spent but half his time therein . it was but a little before the king's restoration that he wrote and published his book in defence of a commonwealth ; so undaunted he was in declaring his true sentiments to the world ; and not long before , his power of the civil magistrate in ecclesiastical affairs ; and his treatise against hirelings , just upon the king 's coming over ; having a little before been sequestred from his office of latin secretary , and the salary thereunto belonging , he was forc'd to leave his house also , in petty france , where all the time of his abode there , which was eight years , as above-mentioned , he was frequently visited by persons of quality , particularly my lady ranala , whose son for some time he instructed ; all learned foreigners of note , who could not part out of this city , without giving a visit to a person so eminent ; and lastly , by particular friends that had a high esteem for him , viz. mr. andrew marvel , young laurence ( the son of him that was president of oliver's council ) to whom there is a sonnet among the rest , in his printed poems ; mr. marchamont needham , the writer of politicus ; but above all , mr. cyriak skinner whom he honoured with two sonnets , one long since publick among his poems ; the other but newly printed . his next removal was , by the advice of those that wisht him well , and had a concern for his preservation , into a place of retirement and abscondence , till such time as the current of affairs for the future should instruct him what farther course to take ; it was a friend's house in bartholomew-close , where he liv'd till the act of oblivion came forth ; which it pleased god , prov'd as favourable to him as could be hop'd or expected , through the intercession of some that stood his friends both in council and parliament ; particularly in the house of commons , mr. andrew marvel , a member for hull , acted vigorously in his behalf , and made a considerable party for him ; so that , together with john goodwin of coleman-street , he was only so far excepted as not to bear any office in the commonwealth . soon after appearing again in publick , he took a house in holborn near red lyon fields , where he stayed not long before his pardon having pass'd the seal , he remov'd to jewin street ; there he liv'd when he married his d. wife , recommended to him by his old friend dr. paget in coleman-street ; but he stay'd not long after his new marriage , ere he remov'd to a house in the artillery-walk leading to bunhill fields . and this was his last stage in this world , but it was of many years continuance , more perhaps than he had had in any other place besides . here he finisht his noble poem , and publisht it in the year . the first edition was printed in quarto by one simons a printer in aldersgate-street , the other in a large octavo , by starky near temple-bar , amended , enlarg'd , and differently dispos'd as to the number of books , by his own hand , that is by his own appointment ; the last set forth many years since his death in a large folio with cuts added by jacob tonson . here it was also that he finisht and publisht his history of our nation till the conquest , all compleat so far as he went , some passages only excepted , which being thought too sharp against the clergy , could not pass the hand of the licencer , were in the hands of the late earl of anglesey while he liv'd ; where at present is uncertain . it cannot certainly be concluded when he wrote his excellent tragedy entitled samson agonistes , but sure enough it is that it came forth afert his publication of paradice lost , together with his other poem call'd paradice regain'd which doubtless was begun and finisht and printed after the other was publisht , and that in a wonderful short space considering the sublimeness of it ; however it is generally censur'd to be much inferiour to the other ▪ though he could not hear with patience any such thing when related to him ; possibly the subject may not afford such variety of invention , but it is thought by the most judicious to be little or nothing inferiour to the other for stile and decorum . the said earl of anglesy whom he presented with a copy of the unlicens'd papers of his history , came often here to visit him , as very much coveting his society and converse ; as likewise others of the nobility , and many persons of eminent quality ; nor were the visits of foreigners ever more frequent than in this place , almost to his dying day . his treatise of true religion , heresy , schism and toleration , &c. was doubtless the last thing of his writing that was publisht before his death . he had , as i remember , prepared for the press an answer to some little scribing quack in london , who had written a scurrilons libel against him , but whether by the disswasion of friends , as thinking him a fellow not worth his notice , or for what other cause i know not , this answer was never publisht . he died in the year . towards the latter end of the summer , and had a very decent interment according to his quality , in the church of st. giles cripplegate , being attended from his house to the church by several gentlemen then in town , his principal wellwi-shers and admirers he had three daughters who surviv'd him many years ( and a son ) all by his first wife ( of whom sufficient mention hath been made . ) anne his eldest as abovesaid , and mary his second , who were both born at his house in barbican ; and debora the youngest , who is yet living , born at his house in petty-france ; between whom and his second daughter , the son , named john , was born as above-mention'd , at his apartment in scotland yard . by his second wife , catharine the daughter of captain woodcock of hackney , he had only one daughter , of which the mother the first year after her marriage died in child bed , and the child also within a month after . by his third wife elizabeth the daughter of one mr. minshal of cheshire , ( and kinswoman to dr. paget ) who surviv'd him , and is said to be yet living , he never had any child ; and those he had by the first he made serviceable to him in that very particular in which he most wanted their service , and supplied his want of eye-sight by their eyes and tongue ; for though he had daily about him one or other to read to him , some persons of man's estate , who of their own accord greedily catch'd at the opportunity of being his readers , that they might as well reap the benefit of what they read to him , as oblige him by the benefit of their reading ; others of younger years sent by their parents to the same end , yet excusing only the eldest daughter by reason of her bodily infirmity , and difficult utterance of speech , ( which to say truth i doubt was the principal cause of excusing her ) the other two were condemn'd to the performance of reading , and exactly pronouncing of all the languages of what ever book he should at one time or other think fit to peruse . viz. the hebrew ( and i think the syriac ) the greek , the latin , the italian , spanish and french. all which sorts of books to be confined to read , without understanding one word , must needs be a tryal of patience , almost beyond endurance ; yet it was endured by both for a long time , yet the irksomeness of this imployment could not be always concealed , but broke out more and more into expressions of uneasiness ; so that at length they were all ( even the eldest also ) sent out to learn some curious and ingenious sorts of manufacture , that are proper for women to learn , particularly imbroideries in gold or silver . it had been happy indeed if the daughters of such a person had been made in some measure inheritrixes of their father's learning ; but since fate otherwise decreed , the greatest honour that can be ascribed to this now living ( and so would have been to the others had they lived ) is to be daughter to a man of his extraordinary character . he is said to have dyed worth l. in money ( a considerable estate , all things considered ) besides houshold goods ; for he sustained such losses as might well have broke any person less frugal and temperate then himself ; no less then l. which he had put for security and improvement into the excise office , but neglecting to recal it in time , could never after get it out , with all the power and interest he had in the great ones of those times ; besides another great sum , by mismanagement and for want of good advice . thus i have reduced into form and order what ever i have been able to rally up , either from the recollection of my own memory , of things transacted while i was with him , or the information of others equally conversant afterwards , or from his own mouth by frequent visits to the last . i shall conclude with two material passages , which though they relate not immediately to our author , or his own particular concerns ; yet in regard they hapned during his publick employ , and consequently fell most especially under his cognisance ; it will not be amiss here to subjoin them the first was this , before the war broke forth between the states of england , and the dutch , the hollanders sent over three embassadours in order to an accommodation ; but they returning re infecta , the dutch sent away a plenipotentiary , to offer peace upon much milder terms , or at least to gain more time but this plenipotentiary could not make such haste , but that the parliament had procured a copy of their instructions in holland , which were delivered by our author to his kinsman that was then with him , to translate for the council to view , before the said plenipotentiary had taken shipping for england ; an answer to all he had in charge lay ready for him , before he made his publick entry into london . in the next place there came a person with a very sumptuous train , pretending himself an agent from the prince of conde , then in arms against cardinal mazarine : the parliament mistrusting him , set their instrument so busily at work , that in four or five days they had procured intelligence from paris , that he was a spy from k. charles ; whereupon the very next morning our author's kinsman was sent to him , with an order of councel commanding him to depart the kingdom within three days , or expect the punishment of a spy. by these two remarkable passages , we may clearly discover the industry and good intelligence of those times . here is a catalogue added of every book of his that was ever publish'd , which to my knowledge is full and compleat . to oliver cromwell . cromwell our chief of men , that through a croud , not of war only , but distractions rude ; guided by faith , and matchless fortitude : to peace and truth , thy glorious way hast plough'd , and fought god's battels , and his work pursu'd , while darwent streams with blood of scots imbru'd ; and dunbarfield resound thy praises loud , and worcester's laureat wreath ; yet much remains to conquer still ; peace hath her victories no less than those of war ; new foes arise threatning to bind our souls in secular chains , help us to save free conscience from the paw of hireling wolves , whose gospel is their maw . to my lord fairfax . fairfax , whose name in arms through europe rings , and fills all mouths with envy or with praise , and all her jealous monarchs with amaze . and rumours loud which daunt remotest kings , thy firm unshaken valour ever brings victory home , while new rebellions raise their hydra-heads , and the false north displays her broken league to imp her serpent wings : o yet ! a nobler task awaits thy hand , for what can war , but acts of war still breed , till injur'd truth from violence be freed ; and publick faith be rescu'd from the brand of publick fraud ; in vain doth valour bleed , while avarice and rapine shares the land. to sir henry vane . vane , young in years , but in sage councels old , then whom a better senator ne're held the helm of rome , when gowns , not arms , repell'd the fierce epirote , and the african bold , whether to settle peace , or to unfold the drift of hollow states , hard to be spell'd ; then to advise how war may best be upheld , mann'd by her two main nerves , iron and gold , in all her equipage : besides , to know both spiritual and civil , what each means , what serves each , thou hast learn'd , which few have done . the bounds of either sword to thee we owe ; therefore on thy right hand religion leans , and reckons thee in chief her eldest son. to mr. cyriac skinner upon his blindness . cyriac this three years day , these eyes though clear to outward view of blemish or of spot , bereft of sight , their seeing have forgot : nor to their idle orbs doth day appear , or sun , or moon , or star , throughout the year ; or man , or woman ; yet i argue not against heaven's hand , or will , nor bate one jot of heart or hope ; but still bear up , and steer right onward . what supports me , dost thou ask ? the conscience , friend , to have lost them over ply'd in liberties defence , my noble task ; of which all europe rings from side to side . this thought might lead me through this world 's vain mask content , though blind , had i no other guide . a catalogue of mr. john milton's works . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in answer to a book , entituled , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the portraiture of his sacred majesty in his solitudes and sufferings . the tenure of kings and magistrates ; proving , that it is lawful , and hath been held so through all ages , for any who have the power , to call to account a tyrant , or wicked king ; and after due conviction to depose and put him to death , if the ordinary magistrate have neglected or denied to do it ; and that they who of late so much blame deposing , are the men that did it themselves . to . observations upon the articles of peace with the irish rebels , on the letter of ormond to collonel jones , and the representation of the presbytery of belfast . to . the ready and easie way to establish a free commonwealth ; and the excellency thereof compared with the inconveniencies and dangers of readmitting kingship in this nation . to . areopagitica ; a speech of john milton for the liberty of unlicensed printing , to the parliament of england . to . brief notes upon a sermon entitled , the fear of god and the king , preach'd and since publish'd by matthew griffeth , d. d. and chaplain to the late king ; wherein many notorious wrestings of scripture , and other falsities are observed : by j. m. to . of reformation touching church-discipline in england , and the causes that hitherto have hindred it . two books written to a friend . to . of prelatical episcopacy , and whether it may be deduc'd from the apostolical times by vertue of those testimonies which are alledged to that purpose in some late treatises ; one whereof goes under the name of james archbishop of armagb . to . animadversions upon the remonstrants defence against smectymnuus . to . an apology for smectymnuus , with the reason of church-government . to . the reason of church-government urged against prelacy . in two books . to . of true religion , heresie , schism , toleration , and what best means may be used against the growth of popery . to . the doctrine and discipline of divorce , restored , to the good of both sexes , from the bondage of canon law and other mistakes , to the true meaning of scripture in the law and gospel compared . wherein also are set down the bad consequences of abolishing , or condemning of sin , that which the law of god allows , and christ abolisht not . now the second time revised , and much augmented in two books . to the parliament of england , with the assembly . in to . colasterion . a reply to a nameless answer against the doctrine and discipline of divorce . wherein the trivial author of that answer is discovered , the licenser conferr'd with , and the opinion which they traduce defended . to . tetrachordon : expositions upon the four chief places in scripture , which treat of marriage , or nullities in marriage , on genesis , . compar'd and explain'd by genesis . , , . deut. . , . matt. . , . with matt. . from the d. to the . verse . cor. . from the th . to the th . wherein the doctrine and discipline of divorce , as was lately published , is confirmed by explanation of scripture , by testimony of ancient fathers , of civil laws , in the primitive church , of famousest reformed divines : and lastly , by an intended act of the parliament and church of england in the last year of edward the sixth . to . the judgment of martin bucer concerning divorce , written to edward the sixth , in his second book of the kingdom of christ , and now englished ; wherein a late book restoring the doctrine and discipline of divorce is here confirmed and justified by the authority of martin bucer . to the parliament of england . to . the history of brittain , that part especially now called england : from the first traditional beginning , continued to the norman conquest . collected out of the ancientest and best authors thereof , in to . paradice lost , a poem in twelve books in to . paradice regain'd , a poem in four books ; to which is added samson agonistes . octav. poems upon several occasions , both english and latin , &c. composed at several times . a brief history of muscovia , and of other less known countries , lying eastward of prussia , as far as cathay ; gathered from the writings of several eye-witnesses . oct. a treatise of civil power in ecclesiastical causes , shewing that it is not lawful for any power on earth , to compel in matters of religion . twelves . considerations touching the likeliest means to remove hirelings out of the church ; wherein is also discours'd , of tythes , church-fees , and church-revenues ; and whether any maintenance of ministers can be setled by law. twelves . a declaration , or letters patents of the election of john king of poland . a translation . opera latina , viz. defensio pro populo anglicano . the same lately translated into english . defensio secunda . defensio pro se . defensio miltoni per johannem philippum . literae pseudo-senatûs cromwellii reliquorumque perduellium nomine ac jussu conscriptae a j. m. twelves . johannis miltoni angli epistolarum familiarium liber unus : quibus accesserunt , jam olim in collegio adolescentis , prolusiones quaedam oratoriae . octavo . accidence commenet gramar . johannis miltoni angli artis logicae plenior institutio ad petri rami methodum concinnata : adjecta est praxis annalytica & petri rami vita libris duobus . twelves . letters written in the name of the parlament . the senate and people of england , to the most noble senate of the city of hamborough . for how long a series of past years , and for what important reasons the friendship enter'd into by our ancestors with your most noble city has continu'd to this day , we both willingly acknowledge , together with your selves ; nor is it a thing displeasing to us , frequently also to call to our remembrance . but as to what we understand , by your letters dated the th . of june , that some of our people deal not with that fidelity and probity , as they were wont to do in their trading and commerce among ye ; we presently referr'd it to the consideration of certain persons well skill'd in those matters , to the end they might make a more strict enquiry into the frauds of the clothiers and other artificers of the woollen manufacture . and we farther promise , to take such effectual care , as to make you sensible of our unalterable intentions , to preserve sincerity and justice among our selves , as also never to neglect any good offices of our kindness that may redound to the welfare of your commonwealth . on the other hand , there is something likewise which we not only require , but which equity it self , and all the laws of god and man , demand of your selves , that you will not only conserve inviolable to the merchants of our nation their privileges , but by your authority and power defend and protect their lives and estates , as it becomes your city to do . which as we most earnestly desir'd in our former letters , so upon the repeated complaints of our merchants that are daily made before us , we now more earnestly sollicite and request it : they complaining , that their safety , and all that they have in the world , is again in great jeopardy among ye . for although they acknowledge themselves to have reap'd some benefit for a short time of our former letters sent you , and to have had some respite from the injuries of a sort of profligate people ; yet since the coming of the same coc — m to your city ( of whom we complain'd before ) who pretends to be honour'd with a sort of embassy from — the son of the lately deceas'd king , they have been assaulted with all manner of ill language , threats and naked swords of ruffians and homicides , and have wanted your accustom'd protection and defence ; insomuch , that when two or three of the merchants , together with the president of the society , were hurry'd away by surprize aboard a certain privateer , and that the rest implor'd your aid , yet they could not obtain any assistance from you , till the merchants themselves were forc'd to embody their own strength , and rescue from the hands of pyrates the persons seiz'd on in that river , of which your city is the mistress , not without extream hazard of their lives . nay , when they had fortunately brought 'em home again , and as it were by force of arms recover'd 'em from an ignominious captivity , and carry'd the pyrates themselves into custody ; we are inform'd that coc — m was so audacious , as to demand the release of the pyrates , and that the merchants might be deliver'd prisoners into his hands . we therefore again , and again , beseech and adjure ye , if it be your intention that contracts and leagues , and the very ancient commerce between both nations should be preserv'd , the thing which you desire , that our people may be able to asiure themselves of some certain and firm support and reliance upon your word , your prudence and authority ; that you would lend 'em a favourable audience concerning these matters ; and that you would inflict deserved punishment as well upon coc — m , and the rest of his accomplices in that wicked act , as upon those who lately assaulted the preacher , hitherto unpunish'd , or command 'em to depart your territories ; nor that you would believe that expell'd and exil'd tarquins are to be preferr'd before the friendship , and the wealth , and power of our republick . for if you do not carefully provide to the contrary , but that the enemies of our republick shall presume to think lawful the committing of any violences against us in your city , how unsafe , how ignominious the residence of our people there will be , do you consider with your selves . these things we recommend to your prudence and equity , your selves to the protection of heaven . westminster , aug. . . to the senate of hamborough . your conspicuous favour in the doubtful condition of our affairs , is now the reason , that after victory and prosperous success , we can no longer question your good will and friendly inclination towards us . as for our parts , the war being almost now determin'd , and our enemies every where vanquish'd , we have deem'd nothing more just , or more conducing to the firm establishment of the republick , then that they who by our means ( the almighty being always our captain and conductor ) have either recover'd their liberty , or obtain'd their lives and fortunes , after the pernicious ravages of a civil war , of our free gift and grace , should testifie and pay in exchange to their magistrates allegiance and duty in a solemn manner , if need requir'd . more especially , when so many turbulent and exasperated persons , more then once receiv'd into protection , will make no end , either at home or abroad , of acting perfidiously , and raising new disturbances . to that purpose we took care to enjoin a certain form of an oath , by which all who held any office in the common-wealth , or being fortify'd with the protection of the law , enjoy'd both safety , ease , and all other conveniences of life , should bind themselves to obedience in words prescrib'd . this we also thought proper to be sent to all colonies abroad , or where-ever else our people resided for the convenience of trade ; to the end that the fidelity of those over whom we are set , might be prov'd and known to us , as it is but reasonable and necessary . which makes us wonder so much the more at what our merchants write from your city , that they are not permitted to execute our commands by some or other of your order and degree . certainly what the most potent united provinces of the low countries , most jealous of their power and their interests , never thought any way belonging to their inspection , namely whether the english foreigners swore fidelity and allegiance to their magistrates at home , either in these or those words , how that should come to be so suspected and troublesome to your city , we must plainly acknowledge that we do not understand . but this proceeding from the private inclinations or fears of some , whom certain vagabond scots , expell'd their countrey , are said to have enforc'd by menaces , on purpose to deter our merchants from swearing fidelity to us , we impute not to your city . most earnestly therefore we intreat and conjure ye ( for it is not now the interest of trade , but the honour of the republick it self that lies at stake ) not to suffer any one among ye , who can have no reason to concern himself in this affair , to interpose his authority , whatever it be , with that supremacy which we challenge over our own subjects , not by the judgment and opinion of foreigners , but by the laws of our country ; for who would not take it amiss , if we should forbid your hamburghers , residing here , to swear fidelity to you that are their magistrates at home ? farewel . jan. . . to the most serene and potent prince philip the fourth , king of spain . the parliament of the common-wealth of england , greeting . we send to your majesty anthony ascham , a person of integrity , learned , and descended of an ancient family , to treat of matters very advantageous , as we hope , as well to the spanish , as the english nation . wherefore in freindly manner , we desire that you would be pleas'd to grant , and order him a safe and honourable passage to your royal city , and the same in his return from thence , readily prepar'd to repay the kindness when occasion offers . or if your majesty be otherwise inclin'd , that it may be signify'd to him with the soonest , what your pleasure is in this particular , and that he may be at liberty to depart without molestation . feb. . . to the most serene and potent prince , philip the fourth , king of spain . the parliament of the common-wealth of england , greeting . what is the condition of our affairs , and by what heinous injuries provok'd and broken , at length we began to think of recovering our liberty by force of arms ; what constituted form of government we now make use of , can neither be conceal'd from your majesty , nor any other person who has but cast an impartial eye upon our writings publish'd upon these occasions . neither ought we to think it a difficult thing , among fit and proper judges of things , to render our fidelity , our equity , and patience , manifest to all men , and justly meriting their approbation , as also to defend our authority , honour , and grandeur , against the infamous tongues of exiles and fugitives . now then , as to what is more the concern of foreign nations , after having subdu'd and vanquish'd the enemies of our countrey through the miraculous assistance of heaven , we openly and cordially profess our selves readily prepar'd to have peace and friendship , more desirable then all enlargement of empire , with our neighbour nations . for these reasons we have sent into spain to your majesty , antony ascham , of approv'd dexterity and probity , to treat with your majesty , concerning friendship and the accustom'd commerce between both nations ; or else , if it be your pleasure , to open a way for the ratifying of new articles and alliances . our request therefore is , that you will grant him free liberty of access to your majesty , and give such order , that care may be taken of his safety and his honour , while he resides a publick minister with your majesty ; to the end he may freely propose what he has in charge from us , for the benefit , as we hope of both nations ; and certifie to us with the soonest , what are your majesty's sentiments concerning these matters . westminster , feb. . . to the most serene prince , john the fourth , king of portugal . the parliament of the commonwealth of england , greeting . after we had suffer'd many , and those the utmost mischiefs of a faithless peace , and intestine war , our being reduc'd to those exigences , that if we had any regard to the safety of the republick , there was a necessity of altering for the chiefest part the form of government , is a thing which we make no question is well known to your majesty , by what we have both publickly written and declar'd in justification of our proceedings . to which , as it is but reason , if credit might be rather given , then to the most malicious calumnies of loose and wicked men ; perhaps we should find those persons more amicably inclin'd , who now abroad have the worst sentiments of our actions . for as to what we justifie our selves to have justly and strenuously perform'd after the example of our ancestors , in pursuance of our rights , and for recovery of the native liberty of english-men , certainly it is not the work of human force or wit to eradicate the perverse and obstinate opinions of people wickedly inclin'd concerning what we have done . but after all , in reference to what is common to us with all foreign nations , and more for the general interest on both sides , we are willing to let the world know , that there is nothing which we more ardently desire , then that the friendship and commerce which our people have been accustom'd to maintain with all our neighbours , should be enlarg'd and settled in the most ample and solemn manner . and whereas our people have always driven a very great trade , and gainful to both nations , in your kingdom ; we shall take care , as much as in us lies , that they may not meet with any impediment to interrupt their dealings . however , we foresee that all our industry will be in vain , if , as it is reported , the pyrates and revolters of our nation shall be suffer'd to have refuge in your ports , and after they have taken and plunder'd the laden vessels of the english , shall be permitted to sell their goods by publick outcries at lisbon . to the end therefore that a more speedy remedy may be apply'd to this growing mischief , and that we may be more clearly satisfy'd concerning the peace which we desire , we have sent to your majesty the most noble charles vane , under the character of our agent , with instructions and a commission , a plenary testimonial of the trust we have repos'd , and the employment we have conferr'd upon him . him therefore we most earnestly desire your majesty graciously to hear , to give him credit , and to take such order , that he may be safe in his person and his honour within the bounds of your dominions . these things , as they will be most acceptable to us , so we promise , whenever occasion offers , that the same offices of kindness to your majesty shall be mutually observ'd on all our parts . westminster , feb. . . to the most serene prince , john the fourth , king of portugal . the parliament of the commonwealth of england , greeting . almost daily and most grievous complaints are brought before us , that certain of our seamen and officers , who revolted from us the last year , and treacherously and wickedly carry'd away the ships with the command of which they were entrusted , and who having made their escape from the port of ireland , where being blockt up for almost a whole summer together , they very narrowly avoided the punishment due to their crimes , have now betaken themselves to the coast of portugal , and the mouth of the river tagus ; that there they practice furious pyracy , taking and plundering all the english vessels they meet with sailing to and fro upon the account of trade , and that all the adjoining seas are become almost impassible by reason of their notorious and infamous robberies . to which increasing mischief , unless a speedy remedy be apply'd , who does not see but that there will be a final end of that vast trade so gainful to both nations , which our people were wont to drive with the portugueses ? wherefore we again and again request your majesty , that you will command those pyrates and revolters to depart the territories of portugal : and that if any pretended embassadors present themselves from ******* that you will not vouchsafe to give them audience ; but that you will rather acknowledge us , upon whom the supream power of england , by the conspicuous favour and assistance of the almighty , is devolv'd ; and that the ports and rivers of portugal , may not be barr'd and defended against your friends and confederates fleet , no less serviceable to your emolument , then the trade of the english . to philip the fourth , king of spain . how heinously , and with what detestation your majesty resented the villanous murder of our agent , anthony ascham , and what has hitherto been done in the prosecution and punishment of his assassinates , we have been given to understand , as well by your majesty 's own letters , as from your embassador don alphonso de cardenos . nevertheless , so often as we consider the horridness of that bloody fact , which utterly subverts the very foundations of correspondence and commerce and of the privilege of embassadors , most sacred among all nations , so villanously violated without severity of punishment , we cannot but with utmost importunity repeat our most urgent suit to your majesty , that those parricides may with all the speed imaginable be brought to justice , and that you would not suffer their merited pains to be suspended any longer by any delay or pretence of religion . for tho most certainly we highly value the friendship of a potent prince ; yet it behoves us to use our utmost endeavours , that the authors of such an enormous parricide should receive the deserved reward of their impiety . indeed , we cannot but with a grateful mind acknowledge that civility , of which by your command , our people were not unsensible , as also your surpassing affection for us , which lately your embassador at large unfolded to us : nor will it be displeasing to us to return the same good offices to your majesty , and the spanish nation , whenever opportunity offers . nevertheless , if justice be not satisfy'd without delay , which we still most earnestly request , we see not upon what foundations a sincere and lasting friendship can subsist . for the preservation of which , however , we shall omit no just and laudable occasion ; to which purpose we are likewise apt to believe that the presence of your ambassador does not a little conduce . to the spanish embassador . most eccellent lord , the council of state , so soon as their weighty affairs would permit 'em , having carried into parlament the four writings , which it pleas'd your excellency to impart to the council upon the th of december last , have receiv'd in command from the parlament to return this answer to the first head of those writings , touching the villanous assassinates of their late agent , anthony ascham . the parlament have so long time , so often , and so justly demanded their being brought to deserved punishment , that there needs nothing further to be said on a thing of so great importance , wherein ( as your excellency well observ'd ) his royal majesty's authority it self is so deeply concern'd , that unless justice be done upon such notorious offenders , all the foundations of humane society , all the ways of preserving friendship among nations , of necessity must be overturn'd and abolish'd . nor can we apprehend by any argument drawn from religion , that the blood of the innocent , shed by a propensely malicious murder , is not to be aveng'd . the parlament therefore once more most urgently presses , and expects from his royal majesty , according to their first demands , that satifaction be given 'em effectually , and sincerely in this matter . to the most serene prince leopold , archduke of austria , governor of the spanish low-countries , under king philip. so soon as word was brought us , not without a most grevious complaint , that jane puckering , an heiress of an illustrious and opulent family , while yet by reason of her age , she was under guardians , not far from the house wherein she then liv'd at greenwich , was violently forc'd from the hands and embraces of her attendants ; and of a sudden in a vessel to that purpose ready prepar'd , carri'd off into flanders , by the treachery of one walsh , who has endeavour'd all the ways imaginable , in contempt of law both human and divine , to constrain a wealthy virgin to marriage , even by terrifying her with menaces of present death . we deeming it proper to apply some speedy remedy to so enormous and unheard-of a piece of villany , gave order to some persons to treat with the governours of newport and ostend ( for the unfortunate captive was said to be landed in one of those two places ) about rescuing the free-born lady out of the hands of the ravisher . who , both out of their singular humanity and love of virtue , lent their assisting aid to the young virgin in servitude , and by down-right robbery rifl'd from her habitation : so that to avoid the violence of her imperious masters , she was as it were deposited in a nunnery , and committed to the charge of the governess of the society . wherefore the same walsh to get her again into his clutches , has commenc'd a suit against her in the ecclesiastical court of the bishop of ypre , pretending a matrimonial contract between him and her . now in regard that both the ravisher and the ravish'd person are natives of our countrey , as by the witnesses upon their oaths abundantly appears ; as also for that the splendid inheritance after which most certainly the criminal chiefly gape , lies within our territories ; so that we conceive that the whole cognizance and determination of this cause belongs solely to our selves . therefore let him repair hither , he who calls himself the husband , here let him commence his suit , and demand the delivery of the person whom he claims for his wife . in the mean time , this it is that we most earnestly request from your highness , which is no more then what we have already requested by our agent residing at brussels , that you will permit an afflicted and many ways misus'd virgin , born of honest parents , but pyrated out of her native countrey , to return , as far as lies in your power , with freedom and safety home agen . this not only we , upon all opportunities offer'd , as readily prepar'd to return the same favour and kindness to your highness , but also humanity it self , and that same hatred of infamy , which ought to accompany all persons of vertue and courage , in defending the honour of the female sex , seem altogether joyntly to require at your hands . westminster , march . . to the most serene prince , john the fourth , king of portugal . understanding that your majesty had both honourably receiv'd our agent , and immediately given him a favourable audience , we thought it became us to assure your majesty without delay , by speedy letters from us , that nothing could happen more acceptable to us , and that there is nothing which we have decreed more sacred , then not to violate by any word or deed of ours , not first provok'd , the peace , the friendship and commerce , now for some time settl'd between us and the greatest number of other foreign nations , and amongst the rest with the portugheses . nor did we send the english fleet to the mouth of the river tagus with any other intention or design , then in pursuit of enemies so often put to flight , and for recovery of our vessels , which being carry'd away from their owners by force and treachery , the same rabble of fugitives conducted to your coasts , and even to lisbon it self , as to the most certain fairs for the sale of their plunder . but we are apt to believe that by this time almost all the portugheses are abundantly convinc'd , from the flagitious manners of those people , of their audaciousness , their fury and their madness . which is the reason we are in hopes that we shall more easily obtain from your majesty ; first , that you will , as far as in you lies , be assistant to the most illustrious edward popham , whom we have made admiral of our new fleet , for the subduing those detested freebooters ; and that you will no longer suffer 'em together with their captain , not guests , but pyrates ; not merchants , but the pests of commerce , and violaters of the law of nations , to harbour in the ports and under the shelter of the fortresses of your kingdom ; but that where-ever the confines of portugal extend themselves , you will command 'em to be expell'd as well by land as by sea. or if you are unwilling to proceed to that extremity , at least that with your leave it may be lawful for us with our proper forces to assail our own revolters and sea robbers , and if it be the pleasure of heaven , to reduce 'em into our power . this , as we have earnestly desired in our former letters , so now again with the greatest ardency and importunity we request of your majesty . by this , whether equity , or act of kindness , you will not only enlarge the fame of your justice over all well govern'd and civil nations , but also in a greater measure bind both us and the people of england , who never yet had other then a good opinion of the portugheses , to your self and to your subjects . farewel . westminster , . april . . to the hamburghers . more then once we have written concerning the controversies of the merchants , and some other things which more nearly concern the dignity of our republick , yet no answer has been return'd . but understanding that affairs of that nature can hardly be determin'd by letters onely , and that in the mean time certain seditious persons have been sent to your city by ******* authoriz'd with no other commission then that of malice and audaciousness , who make it their business utterly to extirpate the ancient trade of our people in your city , especially of those whose fidelity to their countrey is most conspicuous ; therefore we have commanded the worthy and most eminent richard bradshaw to reside as our agent among ye ; to the end he may be able more at large to treat and negotiate with your lordships such matters and affairs , as are interwoven with the benefit and advantages of both republicks . him therefore we request ye , with the soonest to admit to a favourable audience ; and that in all things that credit may be given to him , that honour paid him , as is usually in all countries , and among all nations paid to those that bear his character . farewel . westminster , april . . to the hamburghers . most noble , magnificent , and illustrious , our dearest friends . that your sedulities in the reception of our agent were so cordial and so egregious , we both gladly understand , and earnestly exhort ye , that you would persevere in your good will and affection toward us . and this we do with so much the greater vehemence , as being inform'd that the same exiles of ours , concerning whom we have so frequently written , now carry themselves more insolently in your city then they were wont to do , and that they not only openly affront , but give out threatning language in a most despiteful manner against our resident . therefore once more by these our letters we would have the safety of his person , and the honour due to his quality , recommended to your care. on the other side , if you inflict severe and timely punishment upon those fugitives and ruffians , as well the old ones as the new comers ; it will be most acceptable to us , and becoming your authority and prudence . westminster , may . . to philip the fourth , king of spain . to our infinite sorrow we are given to understand , that antony ascham , by us lately sent our agent to your majesty , and under that character most civilly and publickly receiv'd by your governours ; upon his first coming to your royal city , naked of all defence and guard , was most bloodily murther'd in a certain inn , together with john baptistade ripa his interpreter , butchered at the same time . wherefore we most earnestly request your majesty , that deserved punishment may be speedily inflicted upon those parricides already apprehended , as it is reported , and committed to custody , who have not only presum'd to wound our selves through his sides , but have also dar'd to stabb , as it were , to the very heart ▪ your faith of word and royal honour . so that we make no question but what we so ardently desire would nevertheless be done effectually by a prince of his own accord so just and pious , though no body requir'd it . as to what remains , we make it our farther suit , that the breathless carkass may be deliver'd to his friends and attendants to be brought back and enterr'd in his own countrey , and that such care may be taken for the security of those that remain alive , as is but requisite , till having obtain'd an answer to these letters , if it may be done , they shall return to us the witnesses of your piety and justice . westminster , june . . to the most excellent lord , anthony john lewis dela cerda , duke of medina celi , governor of andalusia . the council of state constituted by authority of parliament : greeting . we have receiv'd advice from those most accomplish'd persons , whom we lately sent with our fleet into portugal in pursuit of traytors , and for the recovery of our vessels , that they were most civilly receiv'd by your excellency , as often as they happen'd to touch upon the coast of gallaecia , which is under your government , and assisted with all things necessary to those that perform long voyages . this civility of yours , as it was always most accept●ble to us , so it is now more especially at this time , while we are sensible of the ill will of others in some places towards us without any just cause giv'n on our side . therefore we make it our request to your illustrious lordship , that you will persevere in the same good will and affection to us , and that you would continue your favour and assistance to our people , according to your wonted civility , as often as our ships put in to your harbours : and be assur'd that there is nothing which we desire of your lordship in the way of kindness , which we shall not be ready to repay both to you and yours , whenever the like occasion shall be offer'd us . westminster , nov. . . seal'd with the seal of the council , j. bradshaw , president . to the illustrious and magnificent senate of the city of dantzick . magnificent and most noble lords , our dearest friends , many letters are brought us from our merchants trading upon the coast of borussia , wherein they complain of a grievous tribute impos'd upon 'em in the grand council of the polanders , enforcing 'em to pay the tenth part of all their goods for the relief of the king of scots , our enemy . which in regard it is plainly contrary to the law of nations , that guests and strangers should be dealt withal in such a manner ; and most unjust that they should be compell'd to pay publick stipends in a foreign common-wealth to him from whom they are , by god's assistance , deliver'd at home ; we make no question but that out of respect to that liberty , which as we understand you your selves enjoy , you will not suffer so heavy a burthen to be laid upon merchants in your city , wherein they have maintain'd a continual amity and commerce , to the extraordinary advantage of the place for many years together . if therefore you think it convenient to undertake the protection of our merchants trading among ye , which we assuredly expect as well from your prudence and equity , as from the dignity and grandure of your city ; we shall take that care , that you shall be sensible from time to time , of our grateful acceptance of your kindness , as often as the dantzichers shall have any dealings within our territories , or their ships , as frequently it happens , put into our ports . westminster , febr. . . to the portugal agent . most illustrious lord , we receiv'd your letters dated from hampton the th of this month , wherein you signify , that you are sent by the king of portugal to the parlament of the commonwealth of england ; but say not under what character , whether of embassador , or agent , or envoy , which we would willingly understand by your credential letters from the king , a copy of which you may send us with all the speed you can . we would also further know , whether you come with a plenary commission , to give us satisfaction for the injuries , and to make reparation for the damages which your king has done this republick , protecting our enemy all the last summer in his harbours , and prohibiting the english fleet , then ready to assail rebels and fugitives , which our admiral had pursu'd so far ; but never restraining the enemy from falling upon ours . if you return us word that you have ample and fu●l commission to give us satisfaction concerning all these matters , and send us withal a copy of your recommendatory letters , we shall then take care , that you may with all speed repair to us upon the publ●ck faith : at what time , when we have read the king's letters , you shall have liberty freely to declare what further commands you have brought along with you . the parlament of the commonwealth of england , to the most serene prince d. ferdinand , grand duke of tuscany , &c. we have receiv'd your highness's letters , dated april . . and deliver'd to us by your resident , signor almerick salvetti , wherein we readily perceive how greatly your highness favours the english name , and the value you have for this nation , which not only our merchants , that for many years have traded in your ports , but also certain of our young nobility , either travelling through your cities , or residing there for the improvements of their studies , both testify and confirm . which as they are things most grateful and acceptable to us , we also on our parts make this request to your highness , that your serenity will persevere in your accustom'd good will and affection towards our merchants , and other citizens of our republick , travelling through the tuscan territories . on the other side we promise and undertake , that as to what concerns the parlament , that nothing shall be wanting which may any way conduce to the confirmation and establishment of that commerce and mutual friendship that now has been of long continuance between both nations , and which it is our earnest wish and desire should be preserv'd to perpetuity by all offices of humanity , civility and mutual observance . westminster , jan. . . seal'd with the seal of the parlament , and subscribed by william lenthal , speaker of the parlament of the common-wealth of england . the parlament of the commonwealth of england , to the illustrious and magnificent senate of the city of hamborough . most noble , magnificent , and illustrious , our dearest friends . the parlament of the commonwealth of england , out of their earnest desire to continue and preserve the ancient friendship and mutual commerce between the english nation and your city , not long since sent thither richard bradshaw , esquire , with the character of our resident ; and among other instructions tending to the same purpose , gave him an express charge to demand justice against cert in persons within your jurisdiction , who endeavour'd to murther the preacher belonging to the english society , and who likewise laid impious hands upon the deputy president , and some of the principal merchants of the same company , and hurri'd 'em away aboard a privateer . and although the aforesaid resident upon his first reception and audience made known to your lordships in a particular manner the commands which he receiv'd from us , upon which it was expected that you would have made those criminals ere this a severe example of your justice ; yet when we understood our expectations were not answer'd , considering with our selves what danger both our people and their estates were in if sufficient provision were not made for their security and protection against the malice of their enemies ; we again sent orders to our afore said resident to represent to your lordships our judgment upon the whole matter ; as also to exhort and perswade ye in the name of this republick to be careful of preserving the friendship and alliance contracted between this commonwealth and your city , as also the traffick and commerce no less advantagious for the interest of both ; and to that end , that you would not fail to protect our merchants , together with their priviledges from all violation , and more particularly against the insolencies of one garmes who has carry'd himself contumeliously toward this republick , and publickly cited to the chamber of spire certain merchants of the english company residing in your city , to the great contempt of this commonwealth , and trouble of our merchants ; for which we expect such reparation , as shall be consentaneous to equity and justice . to treat of these heads , and whatever else more largely belongs to the common friendship of both republicks , we have order'd our resident aforesaid to attend your lordships , requesting that ample credit may be given to him in such matters as he shall propose relating to these affairs . westminster mar. . . seal'd with the parlament seal , and subscrib'd . speaker , &c. the parlament of the commonwealth of england , to the most serene christiana , queen of the swedes , goths , and vandals , &c. greeting . most serene queen , we have receiv'd and read your majesty's letters to the parlament of england , dated from stockholm the th . of september last , and deliver'd by peter spering silvercroon ; and there is nothing which we more vehemently and cordially desire , then that the ancient peace , traffick and commerce of long continuance between the english and swedes may prove diuturnal , and every day encrease . nor did we question but that your majesty's embassador was come amply instructed to make those proposals chiefly which should be most for the interest and honour of both nations , and which we were no less readily prepar'd to have heard , and to have done effectually that which should have been thought most secure and beneficial on both sides . but it pleas'd the supreme moderator and governour of all things , that before he had desir'd to be heard as to those matters which he had in charge from your majesty to propound to the parlament , he departed this life ( whose loss we took with that heaviness and sorrow , as became persons whom it no less behov'd to acquiesce in the will of the almighty ) whence it comes to pass that we are prevented hitherto from knowing your majesty's pleasure , and that there is a stop at present put to this negotiation . wherefore we thought we could do no less then by these our letters , which we have given to our messenger on purpose sent with these unhappy tydings , to signifie to your majesty , how acceptable your letters , how grateful your publick minister were to the parlament of the commonwealth of england ; as also how earnestly we expect your friendship , and how highly we shall value the amity of so great a princess ; assuring your majesty , that we have those thoughts of encreasing the commerce between this republick and your majesty's kingdom , as we ought to have of a thing of the highest importance , which for that reason will be most acceptable to the parlament of the commonwealth of england . and so we recommend your majesty to the protection of the divine providence . westminster , march — . seal'd with the parlament seal , and subscrib'd , speaker , &c. the parlament of the commonwealth of england , to the most serene and potent prince , philip the fourth , king of spain , greeting . the merchants of this commonwealth who trade in your majesties territories , make loud complaints of extraordinary violence and injuries offer'd 'em , and of new tributes impos'd upon 'em by the governors and other officers of your ports and places where they traffick , and particularly in the canary islands , and this against the articles of the league which both nations have solemnly ratifi'd upon the account of trade : the truth of which complaints they have confirm'd by oath . and they make it out before us , that unless they can enjoy their privileges , and that their losses be repair'd : lastly , that except they may have some certain safeguard and protection for themselves and their estates against those violences and injuries , they can no longer traffick in those places . which complaints of theirs being duly weigh'd by us , and believing the unjust proceedings of those ministers either not at all to have reach'd your knowledge , or else to have been untruly represented to your majesty , we deem'd it convenient to send the complaints themselves , together with these our letters to your majesty . nor do we question but that your majesty , as well out of your love of justice , as for the sake of that commerce no less gainful to your subjects then our people , will command your governors to desist from those unjust oppressions of our merchants , and so order it that they may obtain speedy justice , and due satisfaction for those injuries done 'em by don pedro de carillo de guzman , and others , and that your majesty will take care that the merchants aforesaid may reap the fruit of those articles ; and be so far under your protection , that both their persons and their estates may be secure and free from all manner of injury and vexation . and this they believe they shall for the greatest part obtain , if your majesty will be pleas'd to restore 'em that expedient , taken from 'em , of a judge conservator , who may be able to defend 'em from a new consulship more uneasie to 'em ; least if no shelter from injustice be allow'd 'em , there should follow a necessity of breaking off that commerce which has hitherto brought great advantages to both nations , while the articles of the league are violated in such a manner . west . aug. — . to the most serene prince the duke of venice , and the most illustrious senate . most serene prince , most illustrious senate , our dearest friends , certain of our merchants , by name john dickins , and job throckmorton , with others , have made their complaints unto us , that upon the th . of november , . having seiz'd upon a hunder'd butts of caveare in the vessel call'd the swallow , riding in the downs , isaac taylour master , which were their own proper goods , and laden aboard the same ship in the muscovite bay of archangel , and this by the authority of our court of admiralty ; in which court , the suit being there depending , they obtain'd a decree for the delivery of the said butts of caveare into their possession , they having first given security to abide by the sentence of that court ; and that the said court , to the end the said suit might be brought to a conclusion , having written letters , according to custom , to the magistrates and judges of venice , wherein they requested liberty to cite john piatti to appear by his proctor in the english court of admiralty , where the suit depended , and prove his right , nevertheless that the said piatti and one david rutts a hollander , while this cause depends here in our court , put the said john dickins , and those other merchants to a vast deal of trouble about the said caveare , and solicite the seizure of their goods and estates as forfeited for debt : all which things , and whatever else has hitherto bin done in our foresaid court , is more at large set forth in those letters of request aforemention'd ; which after we had view'd , we thought proper to be transmitted to the most serene republick of venice , to the end they might be assistant to our merchants in this cause . upon the whole therefore , it is our earnest request to your highness , and the most illustrious senate , that not only those letters may obtain their due force and weight , but also that the goods and estates of the merchants which the foresaid piatti and david rutts , have endeavour'd to make lyable to forfeiture , may be discharg'd ; and that the said defendants may be referr'd hither to our court , to try what right they have in their claim to this caveare . wherein your highness , and the most serene republick will do as well what is most just in it self , as what is truly becoming the spotless amity between both republicks ; and lastly , what will gratefully be recompenc'd by the good will and kind offices of this republick , whenever occasion offers . white-hall , feb. — . seal'd with the seal of the council , and subscrib'd , president of the councel . to the spanish embassador . most excellent lord , the council of state , according to a command from the parlament , dated the d . of march , having taken into serious deliberation your excellencies paper of the th . of february , deliver'd to the commissioners of this council , wherein it seem'd good to your excellency to propose that a reply might be given to two certain heads therein specify'd as previous , returns the following answer to your excellency . the parlament when they gave an answer to those things which were propos'd by your excellency at your first audience , as also in those letters which they wrote to the most serene king of spain , gave real and ample demonstrations how grateful and how acceptable that friendship and that mutual alliance which was offer'd by his royal majesty , and by your self in his name , would be to 'em ; and how fully they were resolv'd , as far as in them lay , to make the same returns of friendship and good offices . after that , it seem'd good to your excellency , at your first audience in council upon the th . of december , oldstile , to propound to this council , as a certain ground or method for an auspitious commencement of a stricter amity , that some of their body might be nominated , who might hear what your excellency had to propose , and who having well weigh'd the benefit that might redound from thence , should speedily report the same to the council . to which request of yours that satisfaction might be given , the council appointed certain of their number to attend your excellency , which was done accordingly . but instead of those things which were expected to have bin propounded , the conference produc'd no more then the abovemention'd paper , to which the answer of the council is this . when the parlament shall have declar'd their minds , and your excellency shall have made the progress as above expected , we shall be ready to confer with your excellency , and to treat of such matters as you shall propose in the name of the king your master , as well in reference to the friendship already concluded , as the entring into another more strict and binding ; or as to any thing else which shall be offer'd by our selves in the name of this republick : and when we descend to particulars , we shall return such answers as are most proper , and the nature of the thing propos'd shall require . white-hall , march . . the parlament of the commonwealth of england , to the most serene prince , frederick the third , king of danemark , &c. greeting . most serene and potent king , we have receiv'd your majesty's letters , dated from copenhagen the st . of december last , and deliver'd to the parlament of the commonwealth of england by the noble henry willemsem rosenwyng de lynsacker , and most gladly perus'd 'em , with that affection of mind which the matters therein propounded justly merit , and request your majesty to be fully perswaded of this , that the same inclinations , the same desires of continuing and preserving the ancient friendship , commerce , and allyance for so many years maintain'd between england and danemark , which are in your majesty , are also in us . not being ignorant , that though it has pleas'd divine providence , beholding this nation with such a benign and favourable aspect , to change for the better the receiv'd form of the former government among us ; nevertheless , that the same interests on both sides , the same common advantages , the same mutual allyance and free traffick which produc'd the former leagues and confederacies between both nations , still endure and obtain their former force and virtue , and oblige both to make it their common study , by rendring those leagues the most beneficial that may be to each other , to establish also a nearer and sounder friendship for the time to come . and if your majesty shall be pleas'd to pursue those counsels which are manifested in your royal letters , the parlament will be ready to embrace the same with all alacrity and fidelity , and to contribute all those things to the utmost of their power , which they shall think may conduce to that end . and they perswade themselves that your majesty for this reason , will take those counsels in reference to this republick , which may facilitate the good success of those things propounded by your majesty to our selves so desirous of your amity . in the mean time the parlament wishes all happiness and prosperity to your majesty and people . westminster , april — . under the seal of the parlament , and subscrib'd in its name and by the authority of it , speaker , &c. the parlament of the commonwealth of england , to the most illustrious and magnificent the proconsuls and senators of the hanse-towns , greeting . most noble , magnificent , and illustrious , our dearest friends , the parlament of the commonwealth of england has both receiv'd and perus'd your letthrs of the th . of january last , deliver'd by your publick minister leo ab aysema , and by their authority have given him audience ; at what time he declar'd the cordial and friendly inclinations of your cities toward this republick , and desir'd that the ancient friendship might still remain on both sides . the parlament therefore , for their parts , declare and assure your lordships , that they deem nothing more grateful to themselves , then that the same friendship and allyance which has hitherto bin maintain'd between this nation and those cities , should be renew'd , and firmly ratify'd ; and that they will be ready upon all occasions fitly offer'd , what they promise in words solidly to perform in real deeds ; and expect that their ancient friends and confederates should deal by them with the same truth and integrity . but as to those things which your resident has more particularly in charge , in regard they were by us referr'd entire to the council of state , and his proposals were to be there consider'd , they transacted with him there , and gave him such answers , as seem'd most consentaneous to equity and reason , of which your resident is able to give you an account ; whose prudence and conspicuous probity proclaim him worthy the publick character by you conferr'd upon him . westminster , april , — . under the seal of the parlament , in the name , and by the authority of it , subscrib'd , speaker , &c. the parlament of the commonwealth of england , to the illustrious and magnificent senate of the city of hamborough , greeting . most noble , magnificent , and illustrious , our dearst friends , the parlament of the commonwealth of england has receiv'd and perus'd your letters , dated from hamborough the th . of january last , and deliver'd by the noble leo ab aysenia , yours and the rest of the hanseatic cities resident , and by their own authority gave him audience , and as to what other particular commands he had from your city , they have referr'd 'em to the council of state , and gave 'em orders to receive his proposals and to treat with him as soon as might be , concerning all such things as seem'd to be just and equal : which was also done accordingly . and as the parlament has made it manifest , that they will have a due regard to what shall be propos'd by your lordships , and have testify'd their singular good will toward your city , by sending their resident thither and commanding his abode there ; so on the other side they expect and deservedly require from your lordships , that the same equity be return'd to them , in things which are to the benefit of this republick , either already propos'd , or hereafter to be propounded by our said resident in their name to your city , anciently our friend and confederate . westminster , april , — . under the seal of the parlament in the name , and by the authority of it , subscrib'd , speaker , &c. the council of state of the republick of england , to the most serene prince ferdinand the second , grand duke of tuscany , greeting , the council of state being inform'd by letters from charles longland , who takes care of the affairs of the english in your highnesses court of leghorne , that lately fourteen men of war , belonging to the vnited provinces , came into that harbour , and openly threatned to sink , or burn the english ships that were riding in your port ; but that your serenity , whose protection and succour the english merchants implor'd , gave command to the governour of leghorn , that he should assist and defend the english vessels ; they deem'd it their duty to certify to your highness how acceptable that kindness and protection which you so favourably afforded the english nation , was to this republick ; and do promise your highness that they will always keep in remembrance the merit of so deserving a favour , and will be ready upon all occasions to make the same returns of friendship and good offices to your people , and to do all things else which may conduce to the preservation and continuance of the usual amity and commerce between both nations . and whereas the dutch men of war , even in the time of treaty offer'd by themselves , were so highly perfidious , as to fall upon our fleet in our own roads , ( in which foul attempt , god as a most just arbiter , shew'd himself offended and opposite to their design ) but also in the ports of foreigners endeavour'd to take or sink our merchants vessels ; we thought it also necessary to send this declaration also of the parlament of the commonwealth of england , to your highness , the publishing of which was occasion'd by the controversies at present arisen between this republick and the vnited provinces . by which your highness may easily perceive how unjust and contrary to all the laws of god and of nations those people have acted against this republick ; and how cordially the parlament labour'd , for the sake of publick tranquility , to have retain'd their pristin friendship and allyance . white-hall , july . . in the name , and by the authority of the council , subscrib'd , president . to the spanish embassador . most excellent lord , the council of state , upon mature deliberation of that paper which they receiv'd from your excellency , may of june . as also upon that which your excellency at your audience the / of this month deliver'd to the council , return this answer to both those papers . that the parlament , &c. was always very desirous of preserving the firm friendship and good peace setled at present between this republick and his royal majesty of spain , from the time that first your excellency signify'd the tendency of his majesty's inclinations that way , and was always ready to ratify and confirm the same to the benefit and advantage of both nations . and this , the councel of state in the name , and by command of the parlament , in their papers oftimes made known to your excellency ; and particularly , according to your excellency's desire , made choice of commissioners to attend and receive from your excellency such proposals as might conduce to the same purpose . at which meeting . instead of making such proposals , it seem'd good to your excellency onely to propound some general matters , as it were previous to a future conference , concerning which it seem'd to the council that the parlament had in former papers fully made known their sentiments . nevertheless , for more ample and accumulative satisfaction , and to remove all scruples from your excellency concerning those matters which they at that time propos'd , the council in that paper , dated march , april , declar'd themselves ready to come to a conference with your excellency concerning those things which you had in charge from his royal majesty , as well in reference to the pristin amity , as to any farther negotiation ; as also touching such matters as should be exhibited by us , in the name of this republick ; and when we came to such particulars as were to the purpose , and the nature of the thing requir'd , then to give convenient answers . to which it seem'd good to your excellency to make no reply , nor to proceed any farther in that affair for almost two months . about that time the council receiv'd from your excellency your first paper , dated may , june , wherein you onely made this proposal , that the articles of peace and league between the late king charles and your master , dated the / . of novemb. . might be review'd , and that the several heads of it might be either enlarg'd or left out according to the present condition of times and things , and the late alteration of government . which being no more then what we our selves briefly and clearly signify'd in our foresaid paper of the march , april , the council expected that some particular articles would have bin propounded out of that league , with those amplifications and alterations of which you made mention ; since otherwise it is impossible for us to return any other answer concerning this matter then what we have already given . and whereas your excellency in your last paper seems to charge us with delay , the council therefore took a second review of your foresaid paper of the of may , of june , and of what was therein propounded , and are still of opinion , that they have fully satisfy'd your excellency in that former paper , to which they can only farther add , that so soon as your excellency shall be pleas'd , either out of the leagues already made , or in any other manner , to frame such conditions , as shall be accommodated to the present state of things and times , upon which you desire to have the foundations of friendship laid on your side , they will immediately return you such answers as by them shall be thought just and reasonable , and which shall be sufficient testimonials that the parlament still perseveres in the same desires of preserving an untainted and firm amity with the king your master , and that on their parts they will omit no honest endeavours , and worthy of themselves , to advance it to the highest perfection . furthermore the council deems it to be a part of their duty , that your excellency should be put in mind of that paper of ours , dated jan. . . to which in regard your excellency has return'd no answer as yet , we press and expect that satisfaction be given to the parlament , as to what is therein mention'd . the answer of the council of state to the reply of the lords embassadors extraordinary from the king of danemark and norway , deliver'd to the commissioners of the council , to the answer which the council gave to their fourteen demands . to the end that satisfaction may be given to the foresaid lords embassadors in reference to the answer of the council to the fifth , sixth , seventh , eigth and ninth article , the council consents that this following clause shall be added at the end of their answers : that is to say , besides such colonies , islands , ports and places under the dominion of either party , to which it is by law provided that no body shall resort upon the account of trade or commerce , unless upon special leave first obtain'd of that party to which that colony , island , port or places belong . the receiving of any person into any ship that shall be driven in by stress of weather into the rivers , ports or bays belonging to either party , shall not render that vessel lyable to any trouble or search , by the answer of the council to the eleventh article , as the foresaid lords embassadors in their reply seem to have understood , unless it be where such a receiving shall be against the laws , statutes , or custom of that place where the vessel put in ; wherein it seems to the council , that there is nothing of severity ordain'd , but what equally conduces to the security of both republicks . as to the proving the property of such ships and goods as shall be cast ashore by shipwrack , the council deems it necessary that an oath be administred in those courts which are already , or shall hereafter be constituted , where the claimers may be severally heard , and every body's right be determin'd and adjudg'd ; which cannot be so clearly and distinctly done by written certificates , whence many scruples and doubts may arise , and many frauds and deceits creep into that sort of proof , which it concerns both parties to prevent . the council also deems it just , that a certain time be prefix'd , before which time whoever does not prove himself the lawful owner of the said goods , shall be excluded , to avoid suits . but as to the manner of putting perishable goods to sale that are cast a shore by shipwrack , the council thinks it meet to propose the way of selling by inch of candle , as being the most probable means to procure the true value of the goods for the best advantage of the proprietors . nevertheless , if the foresaid lords embassadours shall propose any other method already found out which may more properly conduce to this end , the council will be no hinderance , but that what is just may be put in practice . neither is it to be understood , that the consideration of this matter shall put any stop to the treaty . as to the punishment of those that shall violate the propounded treaty , the council has made that addition which is mention'd in their answer to the fourteenth article for the greater force and efficacy of that article , and thereby to render the league it self more firm and lasting . as to the last clause of the fourteenth article , we think it not proper to give our assent to those leagues and alliances , of which mention is made in the foresaid answers , and which are only generally propounded , before it be more clearly apparent to us what they are . but when your excellencies shall be pleas'd to explain those matters more clearly to the council , we may be able to give a more express answer to those particulars . a reply of the council of state to the answer of the foresaid lords embassodours , which was return'd to the six articles propounded by the council aforesaid , in the name of the republick of england . the council having view'd the commissions of the foresaid lords embassadors , giving them power to transact with the parlament or their commissioners , concerning all things expedient to be transacted in order to the reviving the old leagues or adding new ones , believ'd indeed the foresaid lords to have bin furnish'd with that authority as to be able to return answers , and negotiate all things , as well such as should be propounded by this republick , as on the behalf of the king of danemark and norway , and so did not expect the replies which it has pleas'd the foresaid lords embassadors to give to the first , second , third and fifth demand of the council ; whereby of necessity a stop will be put to this treaty , in regard it is but just in it self , and so resolv'd on in council , to comprehend the whole league , and to treat at the same time as well concerning those things which regard this republick , as those other matters which concern the king of danemark and norway . wherefore it is the earnest desire of the council , that your excellencies would be pleasd to return an answer to our first , second , third , and fifth demand . as to the fourth article concerning the customs of gluckstadt , in regard they are now abolish'd , as your excellencies have mention'd in your answer , the council presses that their abrogation may be ratifi'd by this treaty , lest they should be reimpos'd hereafter . as to the sixth article concerning pyracy , the counil inserted it , as equally appertaining to the benefit of both , and to the establishing of trade in common , which is much disturb'd by pyrates and sea-robbers . and whereas the answer of the lords embassadors , as to this article , relates onely to enemies , but makes no mention of pyrates , the council therefore desires a more distinct reply to it . and whereas the foresaid lords embassadors in their reply to the answer of the council , have pass'd over both their tenth article and the answer of the council to it , the council have thought it necessary to add this following article to their following demands . that the people and inhabitants of the republick of england trading into any kingdoms , regions , or territories of the king of danemark and norway , shall not for the future pay any more customs , tribute , taxes , duties or stipends , or in any other manner , then the people of the vnited provinces , or any other foreign nation that pays the least , coming in or going out of harbour ; and shall enjoy the same and as equally ample freedom , privileges and immunities , both coming and going , and so long as they shall reside in the countrey , as also in fishing , tradeing , or in any other manner , which any other people of a foreign nation enjoys , or may enjoy in the foresaid kingdoms , and throughout the whole dominions of the said king of danemark and norway . which privileges also the subjects of the king of danemark and norway shall equally enjoy throughout all the territories and dominions of the republick of england . the council of state of the republick of england , to the most serene prince , ferdinand the second , grand duke of tuscany , greeting . most serene prince , our dearest friend , the council of state understanding as well by your highness's agent here residing , as by charles longland , chief factor for the english at leghorn , with what affectiou and fidelity your highness undertook the protection of the english vessels , putting in to the port of leghorn for shelter , against the dutch men of war threatning 'em with nothing but ransack and destruction , by their letters of the th . of july ( which they hope are by this time come to your highness's hands ) have made known to your highness how grateful and how acceptable it was to 'em ; and at the same time sent to your serenity a declaration of the parlament of the commonwealth of england concerning the present differences between this republick and the vnited provinces . and whereas the council has again bin inform'd by the same charles longland , what further commands your highness gave for the security and defence of the english vessels , notwithstanding the opposite endeavours of the dutch , they deem'd this opportunity not to be pass'd over , to let your highness understand once more , how highly they esteem your justice and singular constancy in defending their vessels , and how acceptable they took so great a piece of service . which being no mean testimony of your solid friendship and affection to this republick ; your highness may assure your self , that the same offices of kindness and good will toward your highness shall never be wanting in us ; such as may be able to demonstrate how firmly we are resolv'd to cultivate both long and constantly , to the utmost of our power , that friendship which is between your serenity and this republick . in the mean time we have expresly commanded all our ships upon their entrance into your ports not to fail of paying the accustom'd salutes by firing their guns , and to give all other due honours to your highness . white hall , sep. — . seal'd with the council seal , and subscrib'd . president . to the spanish embassador , alphonso de cardenas . most excellent lord , your excelleny's letters of the / of november , . deliver'd by your secretary , together with two petitions inclos'd , concerning the ships , the sampson and sun salvadore , were read in council . to which the council returns this answer , that the english man of war meeting with the foresaid ships , not in the downes , as your excellency writes , but in the open sea , brought 'em into port as enemies ships , and therefore lawful prize ; and the court of admiralty , to which it properly belongs to take cognizance of all causes of this nature , have undertaken to determin the right in dispute . where all parties concern'd on both sides shall be fully and freely heard , and you may be assur'd that right shall take place . we have also sent your excellency's request to the judges of that court , to the end we may more certainly understand what progress they have made in their proceeding to judgement . of which so soon as we are rightly inform'd , we shall take care that such orders shall be given in this matter , as shall correspond with justice , and become the friendship that is between this republick and your king. nor are we less confident , that his royal majesty will by no means permit the goods of the enemies of this commonwealth to be conceal'd and escape due confiscation under the shelter of being own'd by his subjects . white-hall , nov. . . seal'd with the council seal , and subscrib'd , william masham , president . to the spanish embassador . most excellent lord , but lately the council has bin inform'd by captain badiley , admiral of the fleet of this republick in the streights , that after he himself , together with three other men of war , had for two days together engag'd eleven of the dutch , put into porto longone , as well to repair the damages he had receiv'd in the fight , as also to supply himself with warlike ammunition ; where the governor of the place perform'd all the good offices of a most just and courteous person , as well toward his own , as the rest of the men of war under his conduct . now in regard that that same place is under the dominion of the most serene king of spain , the council cannot but look upon the singular civility of that garison to be the copious fruit of that stricter mutual amity so auspiciously commenc'd ; and therefore deem it to be a part of their duty to return their thanks to his majesty for a kindness so opportunely receiv'd , and desire your excellency to signify this to your most serene king , and to assure him that the parlament of the common-wealth of england will be always ready to make the same returns of friendship and civility upon all occasion offer'd . westminster , nov. . . seal'd with the councel seal , and subscrib'd , william masham , president . the parlament of the commonwealth of england , to the most serene prince , ferdinand the second , grand duke of tuscany , greeting . most serene prince , our dearest friend , the parlament of the commonwealth of england has receiv'd your letters dated from florence , august . concerning the restitution of a certain ship laden with rice , which ship is claim'd by captain cardi of leghorn . and though the judges of our admiralty have already pronounc'd sentence in that cause against the foresaid cardi , and that there be an appeal depending before the delegates ; yet upon your highness's request , the parlament , to testify how much they value the good will and alliance of a prince so much their friend , have given order to those who are entrusted with this affair , that the said ship , together with the rice , or at least the full price of it , be restor'd to the foresaid captain cardi ; the fruit of which command his proctor here has effectually already reap'd . and as your highness by favourably affording your patronage and protection to the ships of the english in your port of leghorn , has in a more especial manner ty'd the parlament to your serenity ; so will they , on the other side , take care , as often as opportunity offers , that all their offices of sincere friendship and good-will toward your highness may be solidly effectual and permanent ; withal recommending your highness to the divine benignity and protection of the almighty . westminster , nov. . seal'd with the seal of the common-wealth , and subscrib'd , speaker , &c. the parlament of the commonwealth of england , to the most serene and potent prince , king of danemark . &c. most serene and potent king , the parlament of the commonwealth of england have received information from their admiral of that fleet so lately sent to copenhagen , your majesty's port , to convoy our merchants homeward bound , that the foresaid ships are not permitted to return along with him , as being detain'd by your majesty's command ; and upon his producing your royal letters declaring your justifications of the matter of fact , the parlament denies that the reasons laid down in those letters for the detaining of those ships are any way satisfactory to ' em . therefore that some speedy remedy may be appli'd in a matter os so great moment , and so highly conducing to the prosperity of both nations , for preventing a greater , perhaps , ensuing mischief , the parlament have sent their resident at himborough , richard bradshaw , esquire , a person of great worth and known fidelity , with express commands to treat with your majesty , as their agent also in danemark , concerning this affair . and therefore we entreat your majesty to give him a favourable audience and ample credit in whatever he shall propose to your majesty on our behalf , in reference to this matter . in the mean time recommending your majesty to the protection of divine providence . westminster , nov. . . under the seal of the parlament , and in their name , and by their authority , subscrib'd , speaker , &c. the parlament of the commonwealth of england , to the most serene prince the duke of venice , greeting . the parlament of the common-wealth of england has receiv'd your highness's letters , dated june . . and deliver'd by lorenzo pallutio , wherein they not onely , gladly perceive both yours , and the cordial inclinations of the senate toward this republick , but have willingly laid hold of this opportunity to declare their singular affection and good will toward the most serene republick of venice ; which they shall be always ready to make manifest both really and sincerely , as often as opportunity offers . to whom also all the ways and means that shall be propounded to 'em for the preserving or encreasing mutual friendship and alliance , shall be ever most acceptable . in the mean time we heartily pray that all things prosperous , all things favourable , may befall your highness and the most serene republick . westminster , december , . seal'd with the parlament seal , and subscrib'd , speaker , &c. the parlament of the republick of england , to the most serene prince , ferdinand the second , grand duke of tuscany , greeting . although the parlament of the republick of england some time since redoubl'd their commands to all the chief captains and masters of ships arriving in the ports belonging to your highness , to carry themselves peacefully and civilly , and with becoming observance and duty to a most serene prince , whose friendship this republick so earnestly endeavours to preserve , as having bin oblig'd by so many great kindnesses ; an accident altogether unexpected has fallen out , through the insolence , as they hear , of captain appleton in the port of leghorn , who offer'd violence to the sentinel then doing his duty upon the mole , against the faith and duty which he ows this republick , and in contempt of the reverence and honour which is justly owing to your highness : the relation of which action , as it was really committed , the parlament has understood by your letters of the th . and th . of december , dated from florence ; as also more at large by the most worthy almeric salvetti , your resident here . and they have so sincerely laid to heart your highness's honour , which is the main concern of this complaint , that they have referr'd it to the council of state , to take care that letters be sent to captain appleton , to come away without stop or stay by land , in order to his giving an account of this unwonted and extraordinary act ( a copy of which letters is sent herewith enclos'd ) who so soon as he shall arrive , and be accus'd of the fact , we promise that such a course shall be taken with him , as may sufficiently testify that we no less heinoussy brook the violation of your right , then the infringement of our own authority . moreover , upon mature debate concerning the recover'd ship , call'd the phoenix of leghorn , which affair is also related and press'd by your highness and your resident here , to have bin done by captain appleton , contrary to promise given , whereby he was oblig'd not to fall upon even the hollanders themselves within sight of the lanthorn ; and that your highness , trusting to that faith , promis'd security to the hollanders upon your word ; and therefore that we ought to take care for the satisfaction of those who suffer damage under the protection of your promise ; the parlament begs of your excellency to be assur'd , that this fact , as it was committed without their advice or command , so it is most remote from their will and intention that your highness should undergo any detriment or diminution of your honour by it . rather they will make it their business , that some expedient may be found out for your satisfaction , according to the nature of the fact upon examination of the whole matter . which that they may so much the more fully understand , they deem it necessary that captain appleton himself should be heard , who was bound by the same faith , and is thought by your excellency at least to have consented to the violation of it ; especially since he is so suddenly to return home . and so soon as the parlament has heard him , and have more at large conferr'd with your resident concerning this matter of no small moment , they will pronounce that sentence that shall be just , and consentaneous to that extream good-will which they bear to your highness , and no way unworthy the favours by you conferr'd upon ' em . of which , that your highness might not make the least question in the mean time , we were willing to certify your highness by this express on purpose sent , that we shall omit no opportunity to testify how greatly we value your friendship . westminster , dec. . . seal'd with the parlament seal , and subscrib'd , speaker , &c. the council of state of the republick of england , to the most serene prince , frederick , heire of norway , duke of sleswick , holsatia , stormaria , ditmarsh , count in oldenburgh and delmenhort , greeting . though it has pleas'd the most wise god , and most merciful moderator of all things , besides the burthen which he laid upon us in common with our ancestors , to wage most just wars in defence of our liberty against tyrannical usurpation , signally also to succour us with those auspices and that divine assistance , beyond what he afforded to our predecessors , that we have bin able not only to extinguish a civil war , but to extirpate the causes of it for the future , as also to repel the unexpected violences of foreign enemies ; nevertheless , with grateful minds , as much as in us lies , acknowledging the same favour and benignity of the supreme deity toward us , we are not so puft up with the success of our affairs , but that rather instructed in the singular justice and providence of god , and having had long experience our selves , we abominate the thoughts of war , if possible to be avoided , and most eagerly embrace peace with all men . therefore as hitherto we never were the first that violated or desir'd the violation of that friendship , or those ancient privileges of leagues that have bin ratifi'd between us and any princes or people whatever ; so your highness , in consideration of your ancient amity with the english , left us by our ancestors , may with a most certain assurance promise both your self and your people all things equitable , and all things friendly from us . lastly , as we highly value , which is no more then what is just and reasonable , the testimonies of your affection and good offices offer'd us , so we shall make it our business that you may not at any time be sensible of the want of ours either to your self or yours . and so we most heartily recommend your highness to the omnipotent protection of the almighty god. white-hall , july — . seal'd with the council-seal , and subscrib'd , president . to the count of oldenburgh . most illustrious lord , the parlament of the common-wealth of england have receiv'd an extraordinary congratulation from your excellency , most kindly and courteously deliver'd to us by word of mouth by herman mylius , your councellor and doctor of laws ; who wish'd all things lucky and prosperous , in your name , to the parlament and english interest , and desir'd that the friendship of this republick might remain inviolable within your territories . he also desir'd letters of safe conduct , to the end your subjects may the more securely trade and sail from place to place ; together with our orders to our publick ministers abroad , to be aiding and assisting to your excellency and your interests with their good offices and counsels . to which requests of his we willingly consented , and granted both our friendship , the letters desir'd , and our orders to our publick ministers under the seal of the parlament . and though it be some months ago since your publick minister first came to us , however that delay neither arose from any unwillingness on our part , to assent to the request made in your excellency's name , or that your deputy was at any time wanting in his sedulity ( whose solicitations were daily and earnest with all the diligence and importunity that became him , to the end he might be dispatch'd ) but onely it happen'd so , that at that time the greatest and most weighty affairs of the republick were under debate and serious negotiation . of which we thought meet to certifie your illustrious lordship , lest any body through a false construction of this delay , should think those favours unwillingly or hardly obtain'd , which were most gladly granted by the parlament of the common-wealth of england . in whose name these are commanded to be sign'd , henry scobel , clerk of the parlament . to the most illustrious and noble senators , scultets , landam . , and senators of the evangelick cantons of switzerland , zurick , bern , glaris , bale , schaffhusen , appenzel , also of the confederates of the same religion in the countrey of the grisons , of geneva , st. gall , mulhausen and bienne ; our dearest friends . your letters , most illustrious lords and dearest confederates , dated december . full of civility , good-will , and singular affection toward us and our republick , and what ought always to be greater and more sacred to us , breathing fraternal and truly christian charity , we have receiv'd . and in the first place we return thanks to almighty god , who has rais'd and establish'd both you and so many noble cities , not so much intrench'd and fortifi'd with those enclosures of mountains , as with your innate fortitude , piety , most prudent and just administration of government , and the faith of mutual confederacies , to be a firm and inaccessible shelter for all the truly orthodox . now then that you , who over all europe were the first of mortals who after deluges of barbarous tyrants from the north , heaven prospering your valour , recover'd your liberty , and being obtain'd , for so many years have preserv'd it untainted , with no less prudence and moderation ; that you should have such noble sentiments of our liberty recover'd ; that you , such sincere worshippers of the gospel , should be so constantly perswaded of our love and affection for the orthodox faith , is that which is most acceptable and wellcome to us . but as to your exhorting us to peace , with a pious and affectionate intent , as we are fully assur'd , certainly such an admonition ought to be of great weight with us ; as well in respect of the thing it self which you perswade , and which of all things is chiefly to be desir'd , as also for the great authority which is to be allow'd your lordships above others in this particular , who in the midst of loud tumultuons wars on every side , enjoy the sweets of peace both at home and abroad , and have approv'd your selves the best example to all others of embracing and improving peace ; and lastly , for that you perswade us to the very thing which we our selves of our own accords , and that more then once , consulting as well our own , as the interest of the whole evangelical communion , have begg'd by embassadors , and other publick ministers , namely , friendship and a most strict league with the vnited provinces . but how they treated our embassadors sent to 'em to negotiate , not a bare peace , but a brotherly amity and most strict league ; what provocations to war they afterwards gave us , how they fell upon us in our own roads in the midst of their embassadors negotiations for peace and alliance , little dreaming any such violence , you will abundantly understand by our declaration set forth upon this subject , and sent you together with these our letters . but as for our parts , we are wholly intent upon this , by god's assistance , though prosperous hitherto , so to carry our selves , that we may neither attribute any thing to our own strength or forces , but all things to god alone , nor be insolently puft up with our success ; and we still retain the same ready inclinations to embrace all occasions of making a just and honest peace . in the mean time your selves , illustrious and most excellent lords , in whom this pious and noble sedulity , out of meer evangelical affection , exerts it self , to reconcile and pacifie contending brethren , as ye are worthy of all applause among men , so doubtless will ye obtain the celestial reward of peace-makers with god ; to whose supreme benignity and favour we heartily recommend in our prayers both you and yours , no less ready to make returns of all good offices both of friends and brethren , if in any thing we may be serviceable to your lordships . westminster , october , . seal'd with the parlament seal , and subscrib'd , speaker , &c. to the spanish embassador . most illustrious lord , upon grievous complaints . brought before us by philip niel , john godal , and the society of merchants of foy in england , that a certain ship of theirs , call'd the ann of foy , an english ship by them fitted out , and laden with their own goods , in her return home to the port of foy about michaelmas last , was unjustly and without any cause set upon and taken by a certain privateer of ostend , erasmus bruer commander , and the seamen unworthily and barbarously us'd ; the council of state wrote to the marquis of leda concerning it ( a copy of which letter we also send enclos'd to your excellency ) and expected from him , that without delay orders would have bin given for the doing of justice in this matter . nevertheless after all this , the foresaid noel . together with the said company make further heavy complaint , that altho our letters were deliver'd to the marquess , and that those merchants from that time forward betook themselves to bruges to the court there held for maritime causes , and there asserted and prov'd their right and the verity of their cause , yet that justice was deni'd 'em ; and that they were so hardly dealt with , that though the cause had bin ripe for tryal above three months , nevertheless they could obtain no sentence from that court , but that their ship and goods are still detain'd , notwithstanding the great expences they have bin at in prosecuting their claim . now your excellency well knows it to be contrary to the law of nations , of traffick , and that friendship which is at present settl'd betwen the english and flemings , that any ostender should take any english vessel , if bound for england with english goods ; and that whatever was inhumanly and barbarously done to the english seamen by that commander deserves a rigorous punishment . the council therefore recommends the whole matter to your excellency , and makes it their request that you would write into flanders concerning it , and take such speedy care , that this business may no longer be delai'd ; but that justice may be done in such a manner , that the foresaid ship , together with the damages , costs and interest , which the english have sustain'd and bin out of purse , by reason of that illegal seizure , may be restor'd and made good to 'em , by the authority of the court , or in some other way ; and that care be taken that hereafter no such violence may be committed , but that the amity between our people and the flemings may be preserv'd without any infringement . sign'd in the name , and by the command of the council of state , appointed by authority of parlament . to the marquiss of leda . great complaints are brought before us by philip noel , john godal , and the company of foy merchants , concerning a ship of theirs , call'd the ann of foy , which being an english vessel , by them fitted out , and laden with their own goods , in her return home to her own port about michaelmas last , was taken unawares by a freebooter of ostend , erasmus brewer commander . it is also further related , that the ostenders , when the ship was in their power , us'd the seamen too inhumanly , by setting lighted match to their fingers , and plunging the master of the ship in the sea till they had almost drown'd him , on purpose to extort a false confession from him , that the ship and goods belong'd to the french. which though the master and the rest of the ship 's crue resolutely deni'd , nevertheiess the ostenders carri'd away the ship and goods to their own port. these things , upon strict enquiry and examination of witnesses have bin made manifest in the admiralty court in england , as will appear by the copies of the affidavits herewith sent your lordship . now in regard that that same ship , call'd the ann of foy , and all her lading of merchandize and goods belongs truly and properly to the english , so that there is no apparent reason why the ostenders should seize by force either the one or the other , much less carry away the master of the ship , and use the seamen so unmercifully ; and whereas according to the law of nations , and in respect to the friendship between the flemings and english , that ship and goods ought to be restor'd , we make it our earnest request to your excellency , that the english may have speedy justice done , and that satisfaction may be given for their losses , to the end the traffick and friendship which is between the english and flemings may be long and inviolably preserv'd . to the spanish embassador . the parlament of the commonwealth of england understanding that several of the people of this city daily resort to the houses of your excellency and other embassadors and publick ministers from foreign nations here residing , meerly to hear mass , gave order to the council of state to let your excellency understand , that whereas such resort is prohibited by the laws of the nation , and of very evil example in this our republick , and extreamly scandalous , that they deem it their duty to take care that no such thing be permitted henceforward , and to prohibit all such assemblies for the future . concerning which , 't is our desire that your excellency should have a fair advertisement , to the end that henceforth your excellency may be more careful of admitting any of the people of this republick to hear mass in your house . and as the parlament will diligently provide that your excellencies rights and privileges shall be preserv'd inviolable , so they perswade themselves , that your excellency , during your abode here , would by no means that the laws of this republick should be violated by your self or your attendants . a summary of the particular real damages sustaiu'd by the english company , in many places of the east-indies , from the dutch company in holland . . the damages comprehended in sixteen articles and formerly exhibited , amounting to royals ½ which is of our money — l. s. d. . we demand satisfaction to be given for the incomes of the island of pularon , from the year . to this time , of two hundred thousand royals ½ , besides the future expence , till the right of jurisdiction over that island be restor'd , in the same condition as when it was wrestest out of our hands , as was by league agreed to , amounting of our money to — l. s. d. . we demand satisfaction for all the merchandize , provision and furniture taken away by the agents of the dutch company in the indies , or to them deliver'd , or to any of their ships bound thither , or returning home ; which sum amounts to royals , of our money — l. s. d. . we demand satisfaction for the customs of dutch merchandize laden on board their ships in persia , or landed there from the year , as was granted us by the king of persia , which we cannot value at less then fourscore thousand royals , — — l. s. d. . we demand satisfaction for four houses maliciously and unjustly burnt at jocatra , together with the warehouses , magazines and furniture , occasion'd by the dutch governour there , of all which we had information from the place it self , after we had exhibited our first complaints ; the total of which damage we value at — l. s. d. we demand satisfaction for pound of pepper taken out of the ship endymion in , the total of which damage amounts to — l. s. d. — l. s. d. a summary of some particular damages sustain'd also from the dutch east-india company . . for damages sustain'd by those who besieg'd bantam , whence it came to pass that for six years together we were excluded from that trade , and consequently from an opportunity of laying out in pepper six hundred thousand royals , with which we might have laden our homeward bound ships , sor want of which lading they rotted upon the coast of india . in the mean time our stock in india was wasted and consum'd in mariners wages , provision and other furniture ; so that they could not value their loss at less then twenty hunder'd and four thousand royals — l. s. d. . more for damages by reason of our due part lost of the fruits in the molucca islands , banda and amboyna , from the time that by the slaughter of our men we were thence expell'd , till the time that we shall be satisfi'd for our loss and expences , which space of time from the year . to this present year . for the yearly revenue of lib. amounts in years to — l. s. d. . we demand satisfaction for one hunder'd and two thousand nine hunder'd fifty nine royals , taken from us by the mogul's people , whom the dutch protected in such a manner , that we never could repair our losses out of the money or goods of that people which lay in their junks , which we endeavour'd to do , and was in our power had not the dutch unjustly defended ' em . which lost money we could have trebled in europe , and value at — l. s. d. . for the customs of persia , the half part of which was by the king of persia granted to the english , anno . which to the year . is vrlued at eight thousand royals , to which add the four thousand lib. which they are bound to pay since . which is now one and twenty years , and it makes up the sum of — l. s. d. — from the first account l. s. sum total — l. s. the interest from that time will far exceed the principal . letters written in the name of oliver the protector . to the count of oldenburgh . most illustrious lord , by your letters , dated january . . i have bin given to understand , that the noble frederick matthias wolisog , and chirstopher griphiander were sent with certain commands from your illustrious lordship into england , who when they came to us , not onely in your name congratulated our having taken upon us the government of the eoglish republick , but also desir'd that you and your territories might be comprehended in the peace which we are about to make with the low countries , and that we would confirm by our present authority the letters of safe conduct lately granted your lordship by the parlament . therefore in the first place we return your lordship our hearty thanks for your friendly congratulation , as it becomes us ; and these will let you know that we have readily granted your two requests . nor shall you find us wanting upon any opportunity , which may at any time make manifest our affection to your lordship . and this we are apt to believe you will understand more at large from your agents , whose fidelity and diligence in this affair of yours , in our court , has bin eminently conspicuous . as to what remains , we most heartily wish the blessings of prosperity and peace , both upon you and your affairs . your illustrious lordship's most affectionate , oliver protector of england , scotland , and ireland , &c. to the count of oldenburgh . most illustrious lord , we receiv'd your letters , dated may from oldenburgh , most welcome upon more then one account ; as well for that they were full of singular civility and good-will toward us , as because they were deliver'd by the hand of the most illustrious count antony , your beloved son. which we look upon as so much the greater honour , as not having trusted to report , but with our own eyes , and by our own observation discern'd his vertues becoming such an illustrious extraction , his noble manners and inclinations , and lastly his extraordinary affection toward our selves . nor is it to be question'd but he displays to his own people the same fair hopes at home , that he will approve himself the son of a most worthy and most excellent father , whose signal vertue and prudence has all along so manag'd affairs , that rhe whole territory of oldenburgh for many years , has enjoy'd a profound peace and all the blessings of tranquility in the midst of the raging confusions of war thundring on every side . what reason therefore why we should not value such a friendship that can so wisely and providently shun the enmity of all men ? lastly , most illustrious lord , 't is for your magnificent * present that we return you thanks ; but 't is of right , and your merits claim , that we are cordially westminster , june . . your illustrious lordship's most affectionate , oliver , &c. superscrib'd , to the most illustrious lord , anthony gunther , count in oldenburgh , and delmenhorst , lord in jehvern and kniphausen . oliver protector of the commonwealth of england , scotland , and ireland , &c. to the most serene prince , charles gustavus , king of the swedes , goths and vandals , great prince of finland , duke of esthonia , carelia , breme , verden , stettin in pomerania , cassubia and vandalia . prince of rugia , lord of ingria , wismaria , as also count palatine of the rhine , and duke of bavaria , cleves and monts , &c. greeting . most serene king , though it be already divulg'd over all the world that the kingdom of the swedes is translated to your majesty with the extraordinary applause and desires of the people , and the free suffrages of all the orders of the realm , yet that your majesty should rather chuse that we should understand the welcome news by your most friendly letters , then by the common voice of fame , we thought no small argument both of your good-will toward us , and of the honour done us among the first . voluntary therefore , and of right we congratulate this accession of dignity to your egregious merits , and the most worthy guerdon of so much vertue . and that it may be lucky and prosperous to your majesty , to the nation of the swedes , and the true christian interest , which is also what you chiefly wish , with joynt supplications we implore of god. and whereas your majesty assures us , that the preserving entire the league and alliance lately concluded between this republick and the kingdom of sweden shall be so far your care , that the present amity may not only continue firm and inviolable , but if possible , every day encrease and grow to a higher perfection , to call it into question would be a piece of impiety , after the word of so great a prince once interpos'd , whose surpassing fortitude has not only purchas'd your majesty a hereditary kingdom in a foreign land , but also could so far prevail , that the most august queen , the daughter of gustavus , and a heroess so matchless in all degrees of praise and masculine renown , that many ages backward have not produc'd her equal , surrender'd the most just possession of her empire to your majesty , neither expecting nor willing to accept it . now therefore 't is our main desire , your majesty should be every way assur'd , that your so singular affection toward us , and so eminent a signification of your mind can be no other then most dear and welcome to us , and that no combat can offer it self to us more glorious , then such a one wherein we may , if possible , prove victorious in out-doing your majesty's civility by our kind offices that never shall be wanting . westminster , july . . your majesty's most affectionate , oliver protector of the commonwealth of england , scotland , and ireland , &c. to the most illustrious lord , lewis mendez de haro . what we have understood by your letters , most illustrious lord , that there is an embassador already nominated and appointed by the most serene king of spain , on purpose to come and congratulate our having undertaken the government of the republick , is not onely deservedly acceptable of it self , but render'd much more wellcome and pleasing to us by your singular affection and the speed of your civility , as being desirous we should understand it first of all from your self . for , to be so belov'd and approv'd by your lordship , who by your vertue and prudence have obtain'd so great authority with your prince , as to preside , his equal in mind , over all the most important affairs of that kingdom , ought to be so much the more pleasing to us , as well understanding that the judgement of a surpassing person , cannot but be much to our honour and ornament . now as to our cordial inclinations toward the king of spain , and ready propensity to hold friendship with that kingdom , and encrease it to a stricter perfection , we hope we have already satisfi'd the present embassador , and shall more amply satisfie the other , so soon as he arrives . as to what remains , most illustrious lord , we heartily wish the dignity and favour wherein you now flourish with your prince , perpetual to your lordship ; and that whatever affairs you carry on for the publick good , may prosperously and happily succeed . white-hall , september . . your illustrious lordship's most affectionate , oliver , &c. to the most serene prince charles gustavus adolphus , king of the swedes , goths , and vandals , &c. being so well assur'd of your majesty's good-will towards me by your last letters , in answer to which i wrote back with the same affection , methinks i should do no more then what our mutual amity requires , if as i communicate my grateful tydings to reciprocal joy , so when contrary accidents fall out , that i should lay open the sence and grief of my mind to your majesty , as my dearest friend . for my part this is my opinion of my self , that i am now advanc'd to this degree in the commonwealth , to the end i should consult in the first place , and as much as in me lies , for the common peace of the protestants . which is the reason , that of necessity it behooves me more grievously to lay to heart what we are sorry to hear concerning the bloody conflicts and mutual slaughters of the bremeners and swedes . but this i chiefly bewail , that being both our friends , they should so despitefully combat one against another , and with so much danger to the interests of the protestants ; and that the peace of munster , which it was thought would have prov'd an asylum and safeguard to all the protestants , should be the occasion of such an unfortunate war , that now the arms of the swedes are turn'd upon those whom but a little before , among the rest , they most stoutly defended for religions sake ; and that this should be done more especially at this time when the papists are said to persecute the reformed all over germany , and to return to their intermitted for some time oppressions , and their pristin violencies . hearing therefore that a truce for some days was made at breme , i could not forbear signifying to your majesty , upon this opportunity offer'd , how cordially i desire , and how earnestly i implore the god of peace , that this truce may prove successfully happy for the good of both parties , and that it may conclude in a most firm peace , by a commodious accommodation on both sides . to which purpose , if your majesty judges that my assistance may any ways conduce , i most willingly offer and promise it , as in a thing , without question , most acceptable to the most holy god. in the mean time , from the bottom of my heart , i beseech the almighty to direct and govern all your counsels for the common welfare of the christian interest , which i make no doubt , but that your majesty chiefly desires . white-hall , octob. . . your majesty's most affectionate , oliver , &c. to the magnificent and most noble , the consuls and senators of the city of breme . by your letters deliver'd to us by your resident henry oldenburgh , that there is a difference kindled between your city and a most potent neighbour , and to what streights you are thereby reduc'd , with so much the more trouble and grief we understand , by how much the more we love and embrace the city of breme , so eminent , above others , for their profession of the orthodox faith. neither is there any thing which we account more sacred in our wishes , then that the whole protestant name would knit and grow together in brotherly unity and concord . in the mean time , most certain it is , that the common enemy of the reformed rejoyces at these our dissentions , and more haughtily every where exerts his fury . but in regard the controversie which at present exercises your contending arms , is not within the power of our decision , we implore the almighty god , that the truce begun may obtain a happy issue . assuredly , as to what you desir'd , we have written to the king of the swedes , exhorting him to peace and agreement , as being most chiefly grateful to heaven , and have offer'd our assistance in so pious a work. on the other side we likewise exhort your selves to bear an equal mind , and by no means to refuse any honest conditions of reconciliation . and so we recommend your city to divine protection and providence . white-hall , octob. . . your lordships most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the republick of england , to the most illustrious prince of tarentum . your love of religion , apparently made known in your letters to us deliver'd , and your excelling piety and singular affection to the reformed churches , more especially considering the nobility and splendor of your character , and in a kingdom too , wherein there are so many and such abounding hopes propos'd to all of eminent quality that revolt from the orthodox faith , so many miseries to be undergone by the resolute and constant , gave us an occasion of great joy and consolation of mind . nor was it less grateful to us that we had gain'd your good opinion , upon the same account of religion , which ought to render your highness most chiefly belov'd and dear to our selves . we call god to witness , that whatever hopes or expectations the churches , according to your relation , had of us , we may be able one day to give them satisfaction , if need require , or at least to demonstrate to all men how much it is our desire never to fail 'em nor should we think any fruit of our labours , or of this dignity or supream employment which we hold in our republick , greater , then that we might be in a condition to be serviceable to the enlargement , or the welfare , or which is more sacred , to the peace of the reformed church . in the mean time , we exhort and beseech your lordship to remain stedfast to the last minute in the orthodox religion , with the same resolution and constancy , as you profess it receiv'd from your ancestors with piety and zeal . nor indeed , can there be any thing more worthy your self , or your religious parents , nor in consideration of what you have deserv'd of us , though we wish all things for your own sake , that we can wish more noble or advantagious to your lordship , then that you would take such methods and apply your self to such studies , that the churches , especially of your native countrey , under the discipline of which your birth and genius have render'd you illustriously happy , may be sensible of so much the more assur'd security in your protection , by how much you excel others in lustre and ability . white-hall , april — . oliver the protector , &c. to the most serene prince , immanuel duke of savoy , prince of piemont , greeting . most serene prince , letters have bin sent us from geneva , as also from the dauphinate , and many other places bordering upon your territories , wherein we are given to understand , that such of your royal highness's subjects as profess the reformed religion , are commanded by your edict , and by your authority , within three days after the promulgation of your edict , to depart their native seats and habitations , upon pain of capital punishment , and forfeiture of all their fortunes and estates , unless they will give security to relinquish their religion within twenty days , and embrace the roman catholick faith. and that when they appli'd themselves to your royal highness in a most suppliant manner , imploring a revocation of the said edict , and that being receiv'd into pristin favour , they might be restor'd to the liberty granted 'em by your predecessors , a part of your army fell upon 'em , most cruelly slew several , put others in chains , and compell'd the rest to flye into desert places and to the mountains cover'd with snow , where some hundreds of families are reduc'd to such distress , that 't is greatly to be fear'd , they will in a short time all miserably perish through cold and hunger . these things , when they were related to us , we could not chuse but be touch'd with extream grief and conpassion for the sufferings and calamities of this afflicted people . now in regard we must acknowledge our selves link'd together not onely by the same tye of humanity , but by joynt communion of the same religion , we thought it impossible for us to satisfie our duty to god , to brotherly charity , or our profession of the same religion , if we should onely be affected with a bare sorrow for the misery and calamity of our brethren , and not contribute all our endeavours to relieve and succour 'em in their unexpected adversity , as much as in us lies . therefore in a greater measure we most earnestly beseech and conjure your royal highness , that you would call back to your thoughts the moderation of your most serene predecessors , and the liberty by them granted and confirm'd from time to time to their subjects the vaudois . in granting and confirming which , as they did that , which without all question was most grateful to god , who has bin pleas'd to reserve the jurisdiction and power over the conscience to himself alone , so there is no doubt but that they had a due consideration of their subjects also , whom they found stout and most faithful in war , and always obedient in peace . and as your royal serenity in other things most laudably follows the footsteps of your immortal ancestors , so we again and again beseech your royal highness not to swerve from the path wherein they trod in this particular ; but that you would vouchsafe to abrogate both this edict , and whatsoever else may be decreed to the disturbance of your subjects upon the account of the reform'd religion ; that you would ratifie to 'em their conceded privileges and pristin liberty , and command their losses to be repair'd , and that an end be put to their oppressions . which if your royal highness shall be pleas'd to see perform'd , you will do a thing most acceptable to god , revive and comfort the miserable in dire calamity , and most highly oblige all your neighbours that profess the reformed religion , but more especially our selves , who shall be bound to look upon your clemency and benignity toward your subjects as the fruit of our earnest solicitation . which will both engage us to a reciprocal return of all good offices , and lay the solid foundations not only of establishing , but encreasing alliance and friendship between this republick and your dominions . nor do we less promise this to our selves from your justice and moderation ; to which we beseech almighty god to encline your mind and thoughts . and so we cordially implore just heaven to bestow upon your highness and your people the blessings of peace and truth , and prosperous success in all your affairs . white-hall , may — . oliver protector of the republick of england , to the most serene prince of transilvania , greeting . most serene prince , by your letters of the th . of nov. . you have made us sensible of your singular good-will and affection toward us ; and your envoy , who deliver'd those letters to us , more amply declar'd your desire of contracting alliance and friendship with us . certainly for our parts , we do not a little rejoyce at this opportunity offer'd us to declare and make manifest our affection to your highness , and how great a value we justly set upon your person . but after fame had reported to us your egregious merits and labours undertaken in behalf of the christian republick , when you were pleas'd that all these things , and what you have farther in your thoughts to do in the defence and for promoting the christian interest , should be in friendly manner imparted to us by letters from your self , this afforded us a more plentiful occasion of joy and satisfaction , to hear , that god , in those remoter regions , had rais'd up to himself so potent and renowned a minister of his glory and providence : and that this great minister of heaven so fam'd for his courage and success , should be desirous to associate with us in the common defence of the protestant religion , at this time wickedly assail'd by words and deeds . nor is it to be question'd but that god , who has infus'd into us both , though separated by such a spacious interval of many climates , the same desires and thoughts of defending the orthodox religion , will be our instructor and author of the ways and means whereby we may be assistant and useful to our selves and the rest of the reformed cities , provided we watch all opportunities that god shall put into our hands , and be not wanting to lay hold of ' em . in the mean time we cannot without an extream and penetrating sorrow forbear putting your highness in mind how unmercifully the duke of savoy has persecuted his own subjects , professing the orthodox faith , in certain valleys at the feet of the alps. whom he has not only constrain'd by a most severe edict as many as refuse to embrace the catholick religion , to forsake their native habitations , goods and estates , but has fall'n upon 'em with his army , put several most cruelly to the sword , others more barbarously tormented to death , and driven the greatest number to the mountains , there to be consum'd with cold and hunger , exposing their houses to the fury , and their goods to the plunder of his executioners . these things as they have already bin related to your highness , so we readily assure our selves , that so much cruelty cannot but be grievously displeasing to your ears , and that you will not be wanting to afford your aid and succour to those miserable wretches , if there be any that survive so many slaughters and calamities . for our parts we have written to the duke of savoy , beseeching him to remove his insenc'd anger from his subjects ; as also to the king of france , that he would vouchsafe to do the same ; and lastly to the princes of the reformed religion , to the end they might understand our sentiments concerning so fell and savage a piece of cruelty . which though first begun upon those poor and helpless people , however threatens all that profess the same religion , and therefore imposes upon all a greater necessity of providing for themselves in general , and consulting the common safety ; which is the course that we shall always follow , as god shall be pleas'd to direct us . of which your highness may be assur'd , as also of our sincerity and affection to your serenity , whereby we are engag'd to wish all prosperous success to your affairs , and a happy issue of all your enterprizes and endeavours , in asserting the liberty of the gospel and the worshippers of it . white-hall , may — . oliver protector , to the most serene prince , charles gustavus adolphus , king of the swedes , greeting . we make no question but that the same of that most rigid edict has reach'd your dominions , whereby the duke of savoy has totally ruin'd his protestant subjects inhabiting the alpine valleys , and commanded 'em to be extirminated from their native seats and habitations , unless they will give security to renounce their religion receiv'd from their forefathers , in exchange for the roman catholick superstition , and that within twenty days at farthest ; so that many being kill'd , the rest strip to their skins and expos'd to most certain destruction , are now forc'd to wander over desert mountains and through perpetual winter , together with their wives and children , half dead with cold and hunger ; and that your majesty has laid it to heart with a pious sorrow and compassionate consideration we as little doubt . for that the protestant name and cause , although they differ among themselves in some things of little consequence , is nevertheless the same in general and united in one common interest , the hatred of our adversaries , alike insenc'd against protestants , very easily demonstrates . now there is no body can be ignorant , that the kings of the swedes have always joyn'd with the reformed , carrying their victorious arms into germany in defence of the protestants without distinction . therefore we make it our chief request , and that in a more especial manner to your majesty , that you would solicit the duke of savoy by letters , and by interposing your intermediating authority , endeavour to avert the horrid cruelty of this edict , if possible , from people no less innocent then religious . for we think it superfluous to admonish your majesty , whither these rigorous begininnings tend , and what they threaten to all the protestants in general . but if he rather chuse to listen to his anger then to our joynt intreaties and intercessions , if there be any tye , any charity or communion of religion to be believ'd and worshipp'd , upon consultations duly first communicated to your majesty and the chief of the protestant princes , some other course is to be speedily taken , that such a numerous multitude of our innocent brethren may not miserably perish for want of succour and assistance . which in regard we make no question but that it is your majesties opinion and determination , there can be nothing in our opinion more prudently resolv'd , then to joyn our reputation , authority , councels , forces , and whatever else is needful , with all the speed that may be , in pursuance of so pious a design . in the mean time we beseech almighty god to bless your majesty . oliver protector , &c. to the high and mighty lords , the states of the united provinces . we make no question but that you have already bin inform'd of the duke of savoy's edict , set forth against his subjects inhabiting the valleys at the feet of the alps , ancient professors of the orthodox faith ; by which edict they are commanded to abandon their native habitations , stript of all their fortunes , unless within twenty days they embrace the roman faith ; and with what cruelty the authority of this edict has rag'd against a needy and harmless people ; many being slain by the soldiers , the rest plunder'd and driven from their houses together with their wives and children , to combat cold and hunger among desert mountains , and perpetual snow . these things with what commotion of mind you heard related , what a fellow-feeling of the calamities of brethren pierc'd your breasts , we readily conjecture from the depth of our own sorrow , which certainly is most heavy and afflictive . for being engag'd together by the same tye of religion , no wonder we should be so deeply mov'd with the same affections upon the dreadful and undeserved sufferings of our brethren . besides , that your conspicuous piety and charity toward the orthodox , where-ever overborn and oppress'd , has bin frequently experienc'd in the most urging streights and calamities of the churches . for my own part , unless my thoughts deceive me , there is nothing wherein i should desire more willingly to be overcome , then in good will and charity toward brethren of the same religion afflicted and wrong'd in their quiet enjoyments ; as being one that would be accounted always ready to prefer the peace and safety of the churches before my particular interests . so far therefore as hitherto lay in our power , we have written to the duke of savoy , even almost to supplication , beseeching him that he would admit into his breast more placid thoughts and kinder effects of his favour toward his most innocent subjects and suppliants ; that he would restore the miserable to their habitations and estates , and grant 'em their pristin freedom in the exercise of their religion . moreover we wrote to the chiefest princes and magistrates of the protestants , whom we thought most nearly concern'd in these matters , that they would lend us their assistance to intreat and pacifie the duke of savoy in their behalf . and we make no doubt now but you have done the same , and perhaps much more . for this so dangerous a president , and lately renew'd severity of utmost cruelty toward the reformed , if the authors of it meet with prosperous success , to what apparent dangers it reduces our religion , we need not admonish your prudence . on the other side , if the duke shall once but permit himself to be atton'd and won by our united applications , not onely our afflicted brethren , but we our selves shall reap the noble and abounding harvest and reward of this laborious undertaking . but if he still persist in the same obstinate resolutions of reducing to utmost extremity those people , among whom our religion was either disseminated by the first , doctors of the gospel , and preserv'd from the defilement of superstition , or else restor'd to its pristin sincerity long before other nations obtain'd that felicity ; and determins their utter extirpation and destruction ; we are ready to take such other course and counsels with your selves , in common with the rest of our reformed friends and confederates , as may be most necessary for the preservation of just and good men upon the brink of inevitable ruin , and to make the duke himself sensible , that we can no longer neglect the heavy oppressions and calamities of our orthodox brethren . farewel . to the evangelick cities of switzerland . we make no question but the late calamity of the piemontois , professing our religion , reached your ears , before the unwelcome news of it arriv'd with us . who being a people under the protection and jurisdiction of the duke of savoy , and by a severe edict of their prince commanded to depart their native habitations , unless within three days they gave security to embrace the roman religion , soon after were assail'd by armed violence , that turn'd their dwellings into slaughter-houses , while others , without number , were terrifi'd into banishment , where now naked and afflicted , without house or home , or any covering from the weather , and ready to perish through hunger and cold , they miserably wander thorough desert mountains , and depths of snow , together with their wives and children . and far less reason have we to doubt , but that , so soon as they came to your knowledge , you laid these things to heart , with a compassion no less sensible of their multipli'd miseries , then our selves ; the more deeply imprinted perhaps in your minds , as being next neighbours to the sufferers . besides , that we have abundant proof of your singular love and affection for the orthodox faith , of your constancy in retaining it , and your fortitude in defending it . seeing then , by the most strict communion of religion , that you , together with our selves , are all brethren alike , or rather one body with those unfortunate people , of which no member can be afflicted without the feeling , without pain , without the detriment and hazard of the rest ; we thought it convenient to write to your lordships concerning this matter , and let you understand , how much we believe it to be the general interest of us all , as much as in us lies , with our common aid and succour , to relieve our extirminated and indigent brethren ; and not only to take care for removing their miseries and afflictions , but also to provide , that the mischief spread no farther , nor incroach upon our selves in general , encourag'd by example and success . we have written letters to the duke of savoy , wherein we have most earnestly besought him out of his wonted clemency , to deal more gently and mildly with his most faithful subjects , and to restore 'em , almost ruin'd as they are , to their goods and habitations . and we are in hopes , that by these our intreaties , or rather by the united intercessions of us all , the most serene prince at length will be atton'd , and grant what we have requested with so much importunity . but if his mind be obstinately bent to other determinations , we are ready to communicate our consultations with yours , by what most prevalent means to relieve and re-establish most innocent men , and our most dearly beloved brethren in christ , tormented and overlaid with so many wrongs and oppressions ; and preserve 'em from inevitable and undeserved ruin. of whose welfare and safety , as i am assur'd , that you according to your wonted piety , are most cordially tender , so , for our own parts , we cannot but in our opinion prefer their preservation before our most important interests , even the safeguard of our own life . farewel . westminster , may , . . o. p. superscrib'd , to the most illustrious and potent lords , the consuls and senators of the protestant cantons and confederate cities of switzerland , greeting . to the most serene and potent prince , lewis king of france , most serene and potent king , by your majesty's letters which you wrote in answer to ours of the th of may , we readily understand , that we fail'd not in our judgement , that the inhuman slaughter and barbarous massacres of those men , who profess the reformed religion in savoy , perpetrated by some of your regiments , were the effects neither of your orders nor commands . and it afforded us a singular occasion of joy , to hear that your majesty had so timely signifi'd to your collonels and officers , whose violent precipitancy engag'd 'em in those inhuman butcheries without the encouragement of lawful allowance , how displeasing they were to your majesty ; that you had admonish'd the duke himself to forbear such acts of cruelty ; and that you had interpos'd with so much fidelity and humanity , all the high veneration paid you in that court , your near alliance and authority , for restoring to their ancient abodes those unfortunate exiles . and it was our hopes , that that prince would in some measure have condescended to the good pleasure and intercessions of your majesty . but finding not any thing obtain'd either by your own , nor the intreaties and importunities of other princes in the cause of the distressed , we deem'd it not foreign from our duty , to send this noble person , under the character of our extraordinary envoy , to the duke of savoy , more amply and , fully to lay before him , how deeply sensible we are of such exasperated cruelties inflicted upon the professors of the same religion with our selves , and all this too out of a hatred of the same worship . and we have reason to hope a success of this negotiation so much the more prosperous , if your majesty would vouchsafe to employ your authority and assistance once again with so much the more urgent importunity ; and as you have undertaken for those indigent people that they will be faithful and obedient to their prince , so you would be gratiously pleas'd to take care of their welfare and safety , that no farther oppressions of this nature , no more such dismal calamities may be the portion of the innocent and peaceful . this being truly royal and just in it self , and highly agreeable to your benignity and clemency , which every where protects in soft security so many of your subjects professing the same religion , we cannot but expect , as it behoves us , from your majesty . which act of yours , as it will more closely bind to your subjection all the protestants throughout your spacious dominions , whose affection and fidelity to your predecessors and your self in most important distresses have bin often conspicuously made known ; so will it fully convince all foreign princes , that the advice or intention of your majesty were no way contributory to this prodigious violence , whatever inflam'd your ministers and officers to promote it . more especially , if your majesty shall inflict deserved punishment upon those captains and ministers , who of their own authority , and to gratifie their own wills , adventur'd the perpetrating such dreadful acts of inhumanity . in the mean while , since your majesty has assur'd us of your justly merited aversion to these most inhuman and cruel proceedings , we doubt not but you will assord a secure sanctuary and shelter within your kingdom to all those miserable exiles that shall flye to your majesty for protection ; and that you will not give permission to any of your subjects to assist the duke of savoy to their prejudice . it remains that we make known to your majesty , how highly we esteem and value your friendship : in testimony of which , we farther affirm there shall never be wanting upon all occasions the real assurances and effects of our protestation . white-hall , july . . your majesty's most affectionate , oliver protector of the commonwealth of england , &c. to the most eminent lord , cardinal mazarine . most eminent lord cardinal , having deem'd it necessary to send this noble person to the king with letters , a copy of which is here enclos'd , we gave him also farther in charge to salute your excellency in our name , as having entrusted to his fidelity certain other matters to be communicated to your eminency . in reference to which affairs , i intreat your eminency , to give him entire credit , as being a person in whom i have repos'd a more then ordinary confidence . white-hall , july . . your eminencies most affectionate , oliver protector of the commonwealth of . england . oliver protector of the commonwealth of england , to the most serene prince , frederick iii. king of danemark , norway , &c. with what a severe and unmerciful edict immanuel duke of savoy has expell'd from their native seats his subjects inhabiting the valleys of piemont , men otherwise harmless , onely for many years remarkably famous for embracing the purity of religion ; and after a dreadful slaughter of some numbers , how he has expos'd the rest to the hardships of those desert mountains , stript to their skins , and barr'd from all relief , we believe your majesty has long since heard , and doubt not but that your majesty is touch'd with a real commiseration of their sufferings , as becomes so puissant a defender and prince of the reformed faith. for indeed the institutions of christian religion require , that whatever mischiefs and miseries any part of us undergo , it should behove us all to be deeply sensible of the same : nor does any man better then your majesty foresee , if we may be thought able to give a right conjecture of your piety and prudence , what dangers the success and example of this fact portend to our selves in particular , and to the whole protestant name in general . we have written the more willingly to your self , to the end we might assure your majesty , that the same sorrow which we hope you have conceiv'd for the calamity of our most innocent brethren , the same opinion , the same judgment you have of the whole matter , is plainly and sincerely our own . we have therefore sent our letters to the duke of savoy , wherein we have most importunately besought him to spare those miserable people that implore his mercy , and that he would no longer suffer that dreadful edict to be in force . which if your majesty and the rest of the reformed princes would vouchsafe to do , as we are apt to belive they have already done , there is some hope that the anger of the most serene duke may be asswag'd , and that his indignation will relent upon the intercession and importunities of his neighbour princes . or if he persist in his determinations , we protest our selves ready , together with your majesty , and the rest of our confederates of the reformed religion , to take such speedy methods as may enable us , as far in us lies , to relieve the distresses of so many miserable creatures , and provide for their liberty and safety . in the mean time we beseech almighty god to bless your majesty with all prosperity . white hall , may — . oliver protector of the commonwealth of england , &c. to the most noble the consuls and senators of the city of geneva . we had before made known to your lordships our excessive sorrow for the heavy and unheard of calamities of the protestants inhabiting the valleys of piemont , whom the duke of savoy persecutes with so much cruelty , but that we made it our business that you should at the same time understand , that we are not onely affected with the multitude of their sufferings , but are using the utmost of our endeavours to relieve and comfort 'em in their distresses . to that purpose we have taken care for a gathering of alms to be made throughout this whole republick ; which upon good grounds we expect will be such , as will demonstrate the affection of this nation toward their brethren labouring under the burthen of such horrid inhumanities ; and that as the communion of religion is the same between both people , so the sence of their calamities is no less the same . in the mean time while the collections of the money go forward , which in regard they will require some time to accomplish , and for that the wants and necessities of those deplorable people will admit of no delay , we thought it requifite to remit beforehand two thousand pounds of the value of england , with all possible speed to be distributed among such as shall be judg'd to be most in present need of comfort and succour . now in regard we are not ignorant how deeply the miseries and wrongs of those most innocent people have affected your selves , and that you will not think amiss of any labour or pains where you can be assisting to their relief , we made no scruple to commit the paying and distributing this sum of money to your care ; and to give ye this farther trouble , that according to your wonted piety and prudence , you would take care that the said money made be distributed equally to the most necessitous , to the end that though the sum be small , yet there may be something to refresh and revive the most poor and needy , till we can afford 'em a more plentiful supply . and thus , not making any doubt but you will take in good part the trouble impos'd upon ye , we beseech almighty god to stir up the hearts of all his people professing the orthodox religion , to resolve upon the common defence of themselves , and the mutual assistance of each other against their imbitter'd and most implacable enemies : in the prosecution of which we should rejoyce that our helping hand might be any way serviceable to the church . farewel . fifteen hundred pounds of the foresaid two thousand will be remitted by gerard hench from paris , and the other five hundred pounds will be taken care of by letters from the lord stoup . june . . oliver protector of the commonwealth of england , &c. to the most serene prince , the duke of venice . most serene prince , as it has bin always a great occasion of rejoycing to us when ever any prosperous success attended your arms , but more especially against the common enemy of the christian name ; so neither are we sorry for the late advantage gain'd by your fleet , though as we understand , it happen'd not a little to the detriment of our people . for certain of our merchants , william and daniel williams and edward beale , have set forth in a petition presented to us , that a ship of theirs , call'd the great prince , was lately sent by them with goods and merchandize to constantinople , where the said ship was detain'd by the ministers of the port , to carry soldiers and provisions to creet ; and that the said ship being constrain'd to sail along with the same fleet of the turks , which was set upon and vanquish'd by the gallies of the venetians , was taken , carri'd away to venice , and there adjudg'd lawful prize by the judges of the admiralty . now therefore in regard the said ship was press'd by the turks , and forc'd into their service without the knowledge or consent of the owners directly or indirectly obtain'd , and that it was impossible for her , being ship'd with soldiers , to withdraw from the engagement , we most earnestly request your serenity , that you will remit that sentence of your admiralty , as a present to our friendship , and take such care that the ship may be restor'd to the owners , no way deserving the displeasure of your republick by any act of theirs . in the obtaining of which request , more especially upon our intercession , while we find the merchants themselves so well assur'd of your clemency , it behoves us not to question it . and so we beseech the almighty god to continue his prosperous blessings upon your noble , designs and the venetian republick . westminster , december — . your serenity's , and the venetian republick's , most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene prince , lewis king of france . most serene king , certain of our merchants , by name , samuel mico , william cockain , george poyner , and several others , in a petition to us have set forth , that in the year . they laded a ship of theirs , call'd the vnicorn , with goods of a very considerable value ; and that the said ship being thus laden with silk , oyl and other merchandize , amounting to above thirty four thousand of our pounds , was taken by the admiral and vice-admiral of your majesty's fleet in the mediterranean sea. now it appears to us , that our people who were then in the ship , by reason there was at that time a peace between the french and us , that never had bin violated in the least , were not willing to make any defence against your majesty's royal ships , and therefore over-rul'd besides by the fair promises of the captains paul , and terrery , who faithfully engag'd to dismiss our people , they paid their obedience to the maritime laws , and produc'd their bills of lading . moreover , we find that the merchants aforesaid , sent their agent into france to demand restitution of the said ship and goods : and then it was , that after above three years slipt away , when the suit was brought so far that sentence of restitution or condemnation was to have bin given ; that his eminency cardinal mazarine acknowledg'd to their factor hugh morel , the wrong that had bin done the merchants , and undertook that satisfaction should be given , so soon as the league between the two nations , which was then under negotiation , should be ratifi'd and confirm'd . nay , since that , his excellency m. de bourdeaux , your majesty's embassador , assur'd us in express words , by the command of your majesty and your council , that care should be taken of that ship and goods in a particular exception , a part from those controversies , for the decision of which a general provision was made by the league ; of which promise , the embassador , now opportunely arriv'd here to solicit some business of his own , is a testimony no way to be question'd . which being true , and the right of the merchants in redemanding their ship and goods so undeniably apparent , we most earnestly request your majesty , that they may meet with no delay in obtaining what is justly their due , but that your majesty will admit the grant of this favour , as the first fruits of our reviv'd amity and the lately renew'd league between us . the refusal of which , as we have no reason to doubt , so we beseech almighty god to bless with all prosperity both your majesty and your kingdom . westminster , decemb. — . your majesty's most affectionate , oliver protector of the commonwealth of england , scotland , and ireland , &c. to the evangelic cities of switzerland . in what condition your affairs are , which is not the best , we are abundantly inform'd , as well by your publick acts transmitted to us by our agent at geneva , as also by your letters from zurick , bearing date the th . of december . whereby , although we are sorry to find your peace , and such a lasting league of confederacy broken ; nevertheless since it appears to have happen'd through no fault of yours , we are in hopes that the iniquity and perverseness of your adversaries are contriving new occasions for ye to make known your long-ago experienc'd fortitude and resolution in defence of the evangelick faith. for as for those of the canton of schwits , who account it a capital crime for any person to embrace our religion , what they are might and main designing , and whose instigations have incens'd 'em to resolutions of hostility against the orthodox religion , no body can be ignorant , who has not yet forgot that most detestable slaughter of our brethren in piemont . wherefore , most beloved friends , what you were always wont to be , with god's assistance still continue , magnanimous and resolute ; suffer not your privileges , your confederacies , the liberty of your consciences , your religion it self to be trampled under foot by the worshippers of idols ; and so prepare your selves , that you may not seem to be the defenders onely of your own freedom and safety , but be ready likewise to aid and succour , as far as in you lies , your neighbouring brethren , more especially those most deplorable piedmontois ; as being certainly convinc'd of this , that a passage was lately intended to have bin open'd over their slaughter'd bodies to your sides . as for our part , be assur'd , that we are no less anxious and solicitous for your welfare and prosperity , then if this conflagration had broken forth in our republick ; or as if the axes of the schwits canton had bin sharpen'd for our necks , or that their swords had bin drawn against our breasts , as indeed they were against the bosoms of all the reformed . therefore so soon as we were inform'd of the condition of your affairs , and the obstinate animosities of your enemies , advising with some sincere and honest persons , together with some mininisters of the church most eminent for their piety , about sending to your assistance such succour as the present posture of our affairs would permit , we came to those results , which our envoy pell will impart to your consideration . in the mean time we cease not to implore the blessing of the almighty upon all your counsels , and the protection of your most just cause as well in war as in peace . westminster , jan. — . your lordships and worships most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england &c. to the most serene prince charles gustavus , by the grace of god king of the swedes , goths and vandals , great prince of finland , &c. most serene king , seeing it is a thing well known to all men , that there ought to be a communication of concerns among friends , whether in prosperity or adversity ; it cannot be , but most grateful to us , that your majesty should vouchsafe to impart unto us by your letters the most pleasing and delightful part of your friendship , which is your joy . in regard it is a mark of singular civility , and truly royal , as not to live onely to a man's self , so neither to rejoyce alone , unless he be sensible that his friends and confederates partake of his gladness . certainly then , we have reason to rejoyce for the birth of a young prince born to such an excellent king , and sent into the world to be the heir of his father's glory and vertue ; and this at such a lucky season , that we have no less cause to congratulate the royal parent with the memorable omen that befel the famous philip of macedon , who at the same time receiv'd the tydings of alexander's birth , and the conquest of the illyrians . for we make no question , but the wresting of the kingdom of poland from papal subjection , as it were a horn dismembred from the head of the beast , and the peace so much desir'd by all good men , concluded with the duke of brandenburgh will be most highly conducing to the tranquility and advantage of the church . heaven grant a conclusion correspondent to such signal beginnings ; and may the son be like the father in vertue , piety , and renown , obtain'd by great atchievments . which is that we wish may luckily come to pass , and which we beg of the almighty , so propitious hitherto to your affairs . westminster , feb. — . your majesty's most affectionate , oliver protector of the comonwealth of england , &c. to the king of danemark . most serene and potent prince , john freeman and philip travess , citizens of this republick , by a petition presented to us , in their own and the name of several other merchants of london , have made a complaint , that whereas about the month of march in the year . they freighted a certain ship of sunderburgh , call'd the saviour , nicolas weinskinks master , with woollen cloth , and other commodities to the value of above three thousand pound , with orders to the master , that he should sail directly up the baltick for dantzick , paying the usual tribute at elsenore , to which purpose in particulor they gave him money ; nevertheless that the said master , perfidiously and contrary to the orders of the said merchants , slipping by elsenore without paying the usual duty , thought to have proceeded in his voyage , but that the ship for this reason was immediately seiz'd and detain'd with all her lading . after due consideration of which complaints , we wrote in favour of the merchants to your majesty's embassador residing at london , who promis'd , as they say , that as soon as he return'd to your majesty , he would take care that the merchants should be taken into consideration . but he being sent to negotiate your majesty's affairs in other countries , the merchants attended upon him in vain , both before and after his departure , so that they were forc'd to send their agent to prosecute their right and claim at copenhagen , and demand restitution of the ship and goods ; but all the benefit they reap'd by it , was onely to add more expences to their former damages , and a great deal of labour and pains thrown away ; the goods being condemn'd , to confiscation , and still detain'd : whereas by the law of danemark , as they set forth in their petition , the master is to be punish'd for his offence , and the ship is to be condemn'd but not the goods . and they look upon this misfortune to lye the more heavy upon 'em , in regard the duty which is to be paid at elsenore , as they tell us , is but very small . wherefore seeing our merchants seem to have given no cause of proscription , and for that the master confess'd before his death , that this damage befel them onely through his neglect ; and the father of the master deceas'd , by his petition to your majesty , as we are given to understand , by laying all the blame upon his son , has acquitted the merchants , we could not but believe the detaining of the said ship and goods to be most unjust ; and therefore we are confident , that so soon as your majesty shall be rightly inform'd of the whole matter , you will not only disapprove of these oppressions of your ministers , but give command that they be call'd to an account , that the goods be restor'd to the owners or their factors , and reparation made 'em for the losses they have sustain'd . all which we most earnestly request of your majesty , as being no more then what is so just and consentaneous to reason , that a more equitable demand or more legal satisfaction cannot well be made , considering the justice of our merchants cause , and which your own subjects would think but fair and honest upon the like occasions . to the most serene prince , john the fourth , king of portugal , &c. most serene king , the peace and friendship which your majesty desir'd , by your noble and splendid embassy , sent to us some time since , after certain negotiations begun by the parlament , in whom the supreme power was vested at that time , as it was always most affectionately wish'd for by us , with the assistance of god , and that we might not be wanting in the administration of the government which we have now taken upon us , at length we brought to a happy conclusion , and as we hope , as a sacred act , have ratifi'd it to perpetuity . and therefore we send back to your majesty , your extraordinary embassador , the lord john roderigo de sita meneses , count of pennaguiada , a person both approv'd by your majesty's judgment , and by us experienc'd to excel in civility , ingenuity , prudence and fidelity , besides the merited applause which he has justly gain'd by accomplishing the ends of his embassy , which is the peace which he carries along with him to his country . but as to what we perceive by your letters dated from lisbon the second of april , that is to say , how highly your majesty esteems our amity , how cordially you favour our advancement , and rejoyce at our having taken the government of the republick upon us , which you are pleas'd to manifest by singular testimonies of kindness and affection , we shall make it our business , that all the world may understand , by our readiness at all times to serve your majesty , that there could be nothing more acceptable or grateful to us . nor are we less earnest in our prayers to god for your majesty's safety , the welfare of your kingdom , and the prosperous success of your affairs . your majesty's most affectionate , oliver , &c. oliver protector of the commonwealth of england , &c. to the high and mighty states of the united provinces . most high and mighty lords , our dearest friends , certain merchants , our countrey-men , thomas bassel , richard beare , and others their co-partners , have made their complaints before us , that a certain ship of theirs , the edmund and john , in her voyage from the coast of brasile to lisbon , was set upon by a privateer of flushing , call'd the red-lyon , commanded by lambert bartelson , but upon this condition , which the writing sign'd by lambert himself testifies , that the ship and whatsoever goods belong'd to the english should be restor'd at flushing : where when the vessel arriv'd , the ship indeed with what peculiarly belong'd to the seamen was restor'd , but the english merchants goods were detain'd and put forthwith to sale : for the merchants who had receiv'd the damage , when they had su'd for their goods in the court of flushing , after great expences for five years together , lost their suit , by the pronouncing of a most unjust sentence against 'em by those judges , of which some being interested in the privateer , were both judges and adversaries , and no less criminal altogether . so that now they have no other hopes but onely in your equity and uncorrupted faith , to which at last they fly for succour ; and which they believ'd they should find the more inclinable to do 'em justice , if assisted by our recommendation . and men are surely to be pardon'd , if afraid of all things in so great a struggle for their estates , they rather call to mind what they have reason to fear from your authority and high power , then what they have to hope well of their cause , especially before sincere and upright judges : though for our parts we make no question , but that induc'd by your religion , your justice , your integrity , rather then by our intreaties , you will give that judgment which is just and equal and truly becoming your selves . god preserve both you and your republick to his own glory and the defence and succour of his church . westminster , april . . oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , scotland , and ireland , &c. to the most serene prince , charles gustavus , king of the swedes , goths and vandals , great prince of finland , duke of esthonia , carelia , breme , verden , stettin , pomerania , cassubia and vandalia , prince of rugia , lord of ingria and wismaria , count palatine of the rhine , duke of bavaria , juliers , cleves and monts . most serene prince , peter julius coict having accomplish'd the affairs of his embassy with us , and so acquitted himself , that he is not by us to be dismiss'd without the ornament of his deserved praises , is now returning to your majesty . for he was most acceptable to us , as well and chiefly for your own sake , which ought with us to be of high consideration , as for his own deserts in the diligent acquittal of his trust . the recommendation therefore which we receiv'd from you in his behalf , we freely testifie to have bin made good by him , and deservedly given by your self ; as he on the other side is able with the same fidelity and integrity to relate and most truly to declare our singular affection and observance toward your majesty . it remains for us to beseech the most merciful and all-powerful god to bless your majesty with all felicity , and a perpetual course of victory over all the enemies of his church . westminster , apirl . . your majesty's most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene and potent prince , lewis king of france . most serene prince , john dethic mayor of the city of london for this year , and william wakefield merchant , have made their addresses to us by way of petition complaining , that about the middle of october . they freighted a certain ship , call'd the jonas of london , jonas lightfoot master , with goods that were to be sent to ostend ; which vessel was taken in the mouth of the river thames , by one white of barking , a pyrate robbing upon the seas by vertue of a commission from the son of king charles deceas'd , and carri'd to dnnkirk , then under the jurisdiction of the french. now in regard that by your majesty's edict in the year . renew'd in . and by some other decrees in favour of the parlament of england , as they find it recorded , it was enacted , that no vessel or goods taken from the english , in the time of that war , should be carri'd into any of your majesty's ports to be there put to sale , they presently sent their factor hugh morel to dunkirk , to demand restitution of the said ship and goods from m. lestrade then governor of the town ; more especially finding them in the place for the most part untouch'd , and neither exchang'd or sold. to which the governor made answer , that the king had bestow'd that government upon him of his free gift for service done the king in his wars , and therefore he would take care to make the best of the reward of his labour . so that having little to hope from an answer so unkind and unjust , after a great expence of time and money , the factor return'd home . so that all the remaining hopes which the petitioners have , seem wholly to depend upon your majesty's justice and clemency , to which they thought they might have the more easie access by means of our letters . and therefore that neither your clemency nor your justice may be wanting to people despoil'd against all law and reason , and contrary to your repeated prohibitions , we make it our request . wherein , if your majesty vouchsafe to gratifie us , since there is nothing requir'd but what is most just and equitable , we shall deem it as obtain'd rather from your innate integrity , then any intreaty of ours . westminster , may — . your majesty's most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the high and mighty lords , the states of the united provinces . most high and mighty lords , our dearest friends , john brown , nicholas williams , and others , citizens of london , have set forth in their petition to us , that when they had every one brought in their proportions and freighted a certain ship call'd the good-hope of london , bound for the east-indies , they gave orders to their factor to take up at amsterdam two thousand four hunder'd dutch pounds , to insure the said ship ; that afterwards this ship in her voyage to the coast of india was taken by a ship belonging to the east-india company ; upon which they who had engag'd to insure the said vessel refus'd to pay the money , and have for this six years by various delays eluded our merchants , who with extraordinary diligence and at vast expences endeavour'd the recovery of their just right . which in regard it is an unjust grievance that lies so heavy upon the petitioners , for that some of those who oblig'd themselves are dead or become insolvent , therefore that no farther losses may accrue to their former damages , we make it our earnest request to your lordships , that you will vouchsafe your integrity to be the harbour and refuge for people toss'd so many years , and almost shipwrack'd in your courts of justice , and that speedy judgment may be given according to the rules of equity and honesty in their cause which they believe to be most just . in the mean time we wish you all prosperity to the glory of god and the welfare of his church . westminste , may — . your high and mighty lordships most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the high and mighty lords , the states of the united provinces , most high and mighty lords , our dearest friends , the same persons in whose behalf we wrote to your lordships in september the last year , thomas and william lower , the lawful heirs of nicholas lower , deceas'd , make grievous complaints before us , that they are oppress'd either by the favour or wealth of their adversaries , notwithstanding the justice of their cause ; and when that would not suffice , although our letters often pleaded in their behalf , they have not bin able hitherto to obtain possession of the inheritance left 'em by their father's will. from the court of holland , where the suit was first commenc'd , they were sent to your court , and from thence hurri'd away into zealand ( to which three places they carry'd our letters ) and now they are remanded , not unwillingly , back again to your supream judicature ; for where the supream power is , there they expect supream justice . if that hope fail 'em , eluded and frustrated , after being so long toss'd from post to pillar for the recovery of their right , where at length to find a resting place they know not . for as for our letters , if they find no benefit of these the fourth time written , they can never promise themselves any advantage for the future from slighted papers . however , it would be most acceptable to us , if yet at length , after so many contempts , the injur'd heirs might meet with some relief by a speedy and just judgment , if not out of respect to any reputation we have among ye , yet out of a regard to your own equity and justice . of the last of which we make no question , and confidently presume you will allow the other to our friendship . westminster , may — . your high and mighty lordships most affectionate , oliver protector of the common-wealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene prince , john king of portugal . most serene king , whereas there is a considerable sum of money owing from certain portugal merchants of the brasile company to several english merchants , upon the account of freightage and demorage , in the years and . which money is detain'd by the said company by your majesties command , the merchants before-mention'd expected that the said money should have bin paid long since according to the articles of the last league , but now they are afraid of being debarr'd all hopes and means of recovering their debts ; understanding your majesty has order'd , that what money is owing to 'em by the brasile company , shall be carri'd into your treasury , and that no more then one half of the duty of freightage shall be expended toward the payment of their debts ; by which means the merchants will receive no more then the bare interest of their money , while at the same time they utterly lose their principal . which we considering to be very severe and heavy upon 'em , and being overcome by their most reasonable supplications , have granted 'em these our letters to your majesty ; chiefly requesting this at your hands , to take care that the aforesaid brasile company may give speedy satisfaction to the merchants of this republick , and pay 'em not onely the principal money which is owing to 'em , but the five years interest ; as being both just in it self , and conformable to the league so lately concluded between us ; which on their behalf in most friendly manner we request from your majesty . your majesties most affectionate , oliver protector of the commonwealth , &c. from our palace at westminster , july — . oliver protector of the commonwealth of england , &c. to the most serene prince charles gustavus , king of the swedes , goths , and vandals , &c most serene king , as it is but just that we should highly value the friendship of your majesty , a prince so potent , and so renown'd for great atchievements ; so is it but equally reasonable that your extraordinary embassador , the most illustrious lord christiern bond , by whose sedulity and care a strict alliance is most sacredly and solemnly ratifi'd between us , should be most acceptable to us , and no less deeply fix'd in our esteem . him therefore , having now most worthily accomplish'd his embassy , we thought it became us to send back to your majesty , though not without the high applause which the rest of his singular vertues merit ; to the end , that he who was before conspicuous in your esteem and respect , may now be sensible of his having reap'd still more abundant fruits of his sedulity and prudence from our recommendation . as for those things which yet remain to be transacted , we have determin'd in a short time to send an embassy to your majesty for the setling of those affairs . in the mean time almighty god preserve in safety so great a pillar of his church , and of swedeland's welfare . from our palace at westminster , july — . your majesties most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene prince , lewis king of france . most serene king , our most dear friend and confederate . certain merchants of london , richard baker and others , have made their complaint in a petition to us , that a certain hir'd ship of theirs , call'd the endeavour , william jop master , laden at tenariff with three hundre'd pipes of rich canary , and bound from thence for london , in her voyage between palma and that island , upon the st . of november in the year . was taken by four - french vessels , seeming ships of burthen , but fitted and mann'd like privateers , under the command of giles de la roche their admiral , and carri'd with all her freight , and the greatest part of the seamen to the east-indies , whither he pretended to be bound ( fourteen excepted , who were put ashore upon the coast of guiney ) which the said giles affirm'd he did with that intent , that none of 'em might escape from so remote and barbarous a countrey to do him any harm by their testimony . for he confess'd he had neither any commission to take the english vessels , neither had he taken any , as he might have done before , well knowing there was a firm peace at that time between the french and our republick : but in regard he had design'd to revittle in portugal , from whence he was driven by contrary winds , he was constrain'd to supply his necessities with what he found in that vessel ; and believ'd the owners of his ships would satisfie the merchants for their loss . now the loss of our merchants amounts to sixteen thousand english pounds , as will easily be made appear by witnesses upon oath . but if it shall be lawful upon such trivial excuses as these , for pyrates to violate the most religious acts of princes , and make a sport of merchants for their particular benefits , certainly the sanctity of leagnes must fall to the ground , all faith and authority of princes will grow out of date and be trampl'd under foot . wherefore we not onely request your majesty , but believe it mainly to concern your honour , that they who have adventur'd upon so slight a pretence to violate the league and most sacred oath of their sovereign , should suffer the punishment due to so much perfidiousness and daring insolence ; and that in the mean time the owners of those ships , though to their loss , should be bound to satisfie our merchants for the vast detriment which they have so wrongfully sustain'd . so may the almighty long preserve your majesty , and support the interest of france against the common enemy of us both. from our palace at westminster , august — . your majesty's most affectionate , oliver protector , &c. oliver protector of the commonwealth of england , to his eminency cardinal mazarine . most eminent lord , having an occasion to send letters to the king , we thought it likewise an offer'd opportunity to write to your eminency . for we could not think it proper to conceal the subject of our writing from the sole and onely person , whose singular prudence governs the most important interests of the french nation , and the most weighty affairs of the kingdom with equal fidelity , council and vigilance . not without reason we complain , in short , to find that league by your self , as it were a crime to doubt , most sacredly concluded , almost the very same day contemn'd and violated by one giles a french-man , a petty admiral of four ships , and his associates equally concern'd , as your eminency will readily find by our letters to the king , and the demands themselves of our merchants : nor is it unknown to your excellency howmuch it concerns not only inferiour magistrates , but even royal majesty it self , that those first violators of solemn alliances should be severely punish'd . but they , perhaps , by this time being arriv'd in the east-indies , whither they pretended to be bound , enjoy in undisturb'd possession the goods of our people as lawful prize won from an enemy , which they robb'd and pilledg'd from the owners contrary to all law and the pledg'd faith of our late sacrd league . however , this is that which we request from your eminency , that whatever goods were taken from our merchants by the admiral of those ships , as necessary for his voyage , may be restor'd by the owners of the same vessels , which was no more then what the rovers themselves thought just and equal ; which , as we understand , it lies within your power to do , considering the authority and sway you bear in the kingdom . from our palace at westminster , august — . your eminencies most affectionate , oliver protector of the commonwealth , &c. oliver protector of the commonwealth of england , &c. to the most high and mighty lords , the states of the united provinces . most high and mighty lords , our dear friends and confederates . we make no doubt , but that all men will bear us this testimony , that no considerations , in contracting foreign alliances , ever sway'd us beyond those of defending the truth of religion , or that we accounted any thing more sacred , then to unite the minds of all the friends and protectors of the protestants , and of all others , who at least were not their enemies . whence it comes to pass , that we are touch'd with so much the more grief of mind , to hear that the protestant princes and cities , whom it so much behoves to live in friendship and concord together , should begin to be so jealous of each other , and so ill dispos'd to mutual affection ; more especially , that your lordships and the king of sweden , then whom the orthodox faith has not more magnanimous and couragious defenders , nor our republick confederates more strictly conjoyn'd in interests , should seem to remit of your confidence in each other ; or rather , that there should appear some too apparent signs of tottering friendship and growing discord between ye . what the causes are , and what progress this alienation of your affection has made , we protest our selves to be altogether ignorant . however , we cannot but conceive an extraordinary trouble of mind for these beginnings of the least dissention arisen among brethren , which infallibly must greatly endanger the protestant interests . which if they should gather strength , how prejudicial it would prove to the protestant churches , what an occasion of triumph it would afford our enemies , and more especially the spaniards , cannot be unknown to your prudence , and most industrious experience of affairs . as for the spaniards , it has already so enliven'd their confidence , and rais'd their courage , that they made no scruple by their embassador residing in your territories , boldly to obtrude their counsels upon your lordships , and that in reference to the highest concerns of your republick ; presuming partly with threats of renewing the war , to terrifie , and partly with a false prospect of advantage to sollicit your lordships to forsake your ancient and most faithful friends the english , french and danes , and enter into a strict confederacy with your old enemy , and once your domineering tyrant , now seemingly atton'd , but what is most to be fear'd , only at present treacherously fawning to advance his own designs . certainly he , who of an inveterate enemy , lays hold of so slight an occasion of a sudden to become your counsellor , what is it that he would not take upon him ? where would his insolency stop , if once he could but see with his eyes , what now he onely ruminates and labours in his thoughts ; that is to say , division and a civil war among the protestants ? we are not ignorant , that your lordships , out of your deep wisdom , frequently revolve in your minds what the posture of all europe is , and what more especially the condition of the protestants : that the cantons of switzerland adhering to the orthodox faith , are in daily expectation of new troubles to be rais'd by their countrey-men embracing the popish ceremonies ; scarcely recover'd from that war which for the sake of religion was kindled and blown up by the spaniards , who suppli'd their enemies both with commanders and money : that the councils of the spaniards are still contriving to continue the slaughter and destruction of the piemontois , which was cruelly put in execution the last year : that the protestants under the jurisdiction of the emperor are most grievously harass'd , having much ado to keep possession of their native homes : that the king of sweden , whom god , as we hope , has rais'd up to be a most stout defender of the orthodox faith , is at present waging with all the force of his kingdom a doubtful and bloody war with the most potent enemies of the reformed religion : that your own provinces are threatened with hostile confederacies of the princes your neighbours , headed by the spaniards ; and lastly , that we our selves are busied in a war proclaim'd against the king of spain . in this posture of affairs , if any contest should happen between your lordships and the king of sweden , how miserable would be the condition of all the reformed churches over all europe , expos'd to the cruelty and fury of unsanctifi'd enemies ? these cares not slightly seize us ; and we hope your sentiments to be the same ; and that out of your continu'd zeal for the common cause of the protestants , and to the end the present peace between brethren professing the same faith , the same hope of eternity , may be preserv'd inviolable , your lordships will accommodate your counsels to these considerations , which are to be preferr'd before all others ; and that you will leave nothing neglected that may conduce to the establishing tranquility and union between your lordships and the king of sweden . wherein if we can any way be useful , as far as our authority , and the favour you bear us will sway with your lordships , we freely offer our utmost assistance , prepared in like manner to be no less serviceable to the king of sweden , to whom we design a speedy embassie , to the end we may declare our sentiments at large concerning these matterso we hope , moreover , that god will bend your minds on both sides to moderate counsels and so restrain your animosities , that no provocation may be given either by the one or the other , to fester your differences to extremity : but that on the other side both parties will remove whatever may give offence , or occasion of jealousie to the other . which if you shall vouchsafe to do , you will disappoint your enemies , prove the consolation of your friends , and in the best manner provide for the welfare of your republick . and this we beseech you to be fully convinc'd of , that we shall use our utmost care to make appear , upon all occasions , our extraordinary affection and good-will to the states of the vnited provinces . and so we most earnestly implore the almighty god to perpetuate his blessings of peace , wealth and liberty upon your republick , but above all things to preserve it always flourishing in the love of the christian faith , and the true worship of his name . from our palace at westminster , aug. — . your high and mightinesses most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , to the most serene prince , john king of portugal . most serene prince , upon the th . of july last , old-stile , we receiv'd by thomas maynard the ratification of the peace negotiated at london , by your extraordinary embassador , as also of the private and preliminary articles , all now confirm'd by your majesty : and by our letters from philip medows , our agent at lisbon , dated the same time , we understand that our ratification also of the same peace and articles , was by him , according to our orders sent him , deliver'd to your majesty : and thus , the instruments of the foremention'd ratification being mutually interchang'd on both sides in the begining of june last , there is now a firm and settl'd peace between both nations . and this pacification has given us no small occasion of joy and satisfaction , as believing it will prove to the common benefit of both nations , and to the no slight detriment of our common enemies , who as they found out a means to disturb the former league , so they left nothing neglected to have hinder'd the renewing of this . nor do we question in the least , that they will omit any occasion of creating new matter for scandals and jealousies between us . which we however have constantly determin'd , as much as in us lies , to remove at a remote distance from our thoughts ; rather we so earnestly desire , that this our alliance may beget a mutual confidence greater every day then other , that we shall take them for our enemies , who shall by any artifices endeavour to molest the friendship by this peace establish'd between our selves and both our people . and we readily perswade our selves , that your majesty's thoughts and intentions are the same . and whereas it has pleas'd your majesty , by your letters dated the th . of june , and some days after the delivery by our agent of the interchang'd instrument of confirm'd peace , to mention certain clauses of the league , of which you desir'd some little alteration , being of small moment to this republick , as your majesty believes , but of great importance to the kingdom of portugal , we shall be ready to enter into a particular treaty in order to those proposals made by your majesty , or whatever else may conduce , in the judgment of both parties , to the farther establishment and more strongly fastning of the league : wherein we shall have those due considerations of your majesty and your subjects , as also of our own people , that all may be satisfi'd ; and it shall be in your choice , whether these things shall be negotiated at lisbon or at london . however , the league being now confirm'd , and duly seal'd with the seals of both nations , to alter any part of it , would be the same thing as to annul the whole ; which we are certainly assur'd your majesty by no means desires to do . we heartily wish all things lucky , all things prosperous to your majesty . from our palace at westminster , august — . your majesties most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene prince , john king of portugal . most serene king , we have receiv'd the unwelcome news of a wicked and inhuman attempt to have murther'd our agent philip medows , residing with your majesty , and by us sent upon the blessed errand of peace ; the hainousness of which was such , that his preservation is onely to be attributed to the protection of heaven . and we are given to understand by your letters dated the th . of may last , and deliver'd to us by thomas maynard , that your majesty justly incens'd at the horridness of the fact , has commanded inquiry to be made after the criminals , to the end they may be brought to condign punishment : but we do not hear that any of the ruffians are yet apprehended , or that your commands have wrought any effect in this particular . wherefore we thought it our duty openly to declare how deeply we resent this barbarous outrage in part attempted , and in part committed : and therefore we make it our request to your majesty , that due punishment may be inflicted upon the authors , associates , and encouragers of this abominable fact. and to the end that this may be the more speedily accomplish'd , we farther demand , that persons of honesty and sincerity , well-wishers to the peace of both nations , may be entrusted with the examination of this business , that so a due scrutiny may be made into the bottom of this malicious contrivance , to the end both authors and assistants may be the more severely punish'd . unless this be done , neither your majesty's justice , nor the honour of this republick can be vindicated ; neither can there be any stable assurance of the peace between both nations . we wish your majesty all things fortunate and prosperous . from our palace at white-hall , august — . your majesty's most affectionate , oliver , protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most illustrious lord , the conderd ' odemira . most illustrious lord , your singular good-will toward us and this republick , has laid no mean obligation upon us , nor slightly ti'd us to acknowledgment . we readily perceiv'd it by your letters of the th . of june last , as also by those which we receiv'd from our agent philip meadows , sent into portugal to conclude the peace in agitation ; wherein he inform'd us of your extraordinary zeal and diligence to promote the pacification , of which we most joyfully receiv'd the last ratification ; and we perswade our selves , that your lordship will have no cause to repent either of your pains and diligence in procuring this peace , or of your good-will to the english , or your fidelity toward the king , your sovereign ; more especially considering the great hopes we have , that this peace will be of high advantage to both nations , and not a little inconvenient to our enemies . the onely accident that fell out unfortunate and mournful in this negotiation , was that unhallow'd villanany nefariously attempted upon the person of our agent , philip medows . the conceal'd authors of which intended piece of inhumanity , ought no less diligently to be sought after , and made examples to posterity , then the vilest of most openly detected assassinates . nor can we doubt in the least of your king's severity and justice in the punishment of a crime so horrid , nor of your care and sedulity to see that there be no remissness of prosecution ; as being a person bearing due veneration to the laws of god , and sanctity among men , and no less zealous to maintain the peace between both nations ; which never can subsist if such inhuman barbarities as these escape unpunish'd and unreveng'd . but your abhorrency and detestation of the fact is so well known , that there is no need of insisting any more at present upon this unpleasing subject . therefore , having thus declar'd our good-will and affection to your lordship , of which we shall be always ready to give apparent demonstrations , there nothing remains , but to implore the blessings of divine favour and protection upon you , and all yours . from our palace at westm . aug. — . your lordship 's most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england &c. to the most serene prince charles gustavus , king of the swedes , goths and vandals , &c. most serene king , our dearest friend and confederate , being assur'd of your majesty's concurrence both in thoughts and councels , for the defence of the protestant faith against the enemies of it , if ever , now at this time , most dangerously vexatious , though we cannot but rejoyce at your prosperous successes , and the daily tidings of your victories , yet on the other side we cannot but be as deeply afflicted to meet with one thing that disturbs and interrupts our joy ; we mean , the bad news , intermix'd with so many welcome tydings , that the ancient friendship between your majesty and the states of the vnited provinces , looks with a dubious aspect , and that the mischief is exasperated to that heighth , especially in the baltick sea , as seems to bode an unhappy rupture . we confess our selves ignorant of the causes ; but we too easily foresee that the events , which god avert , will be fatal to the interests of the protestants . and therefore , as well in respect to that most strict alliance between us and your majesty , as out of that affection and love to the reformed religion , by which we all of us ought chiefly to be swai'd , we thought it our duty , as we have most earnestly exhorted the states of the vnited provinces to peace and moderation , so now to perswade your majesty to the same . the protestants have enemies every where enow and to spare , inflam'd with inexorable revenge ; they never were known to have conspir'd more perniciously to our destruction , witness the valleys of piemont , still reaking with the blood and slaughter of the miserable ; witness austria , lately turmoil'd with the emperor's edicts and proscriptions ; witness switzerland ; but to what purpose is it in many words to call back the bitter lamentations and remembrance of so many calamities ? who so ignorant , as not to know that the counsels of the spaniards , and the roman pontiff , for these two years have fill'd all these places with conflagrations , slaughter , and vexation of the orthodox . if to these mischiefs there should happen an access of dissention among protestant brethren , more especially between two potent states , upon whose courage , wealth and fortitude , so far as human strength may be reli'd upon , the support and hopes of all the reformed churches depend , of necessity the protestant religion must be in great jeopardy , if not upon the brink of destruction . on the other side , if the whole protestant name would but observe perpetual peace among themselves with that same brotherly union as becomes their profession , there would be no occasion to fear what all the artifices or puissance of our enemies could do to hurt us , which our fraternal concord and harmony alone would easily repel and frustrate . and therefore we most earnestly request and beseech your majesty to harbour in your mind propitious thoughts of peace , and inclinations ready bent to repair the breaches of your pristin friendship with the vnited provinces , if in any part it may have accidentally suffer'd the decays of mistakes or misconstruction . if there be any thing wherein our labour , our fidelity and diligence may be useful toward this composure , we offer and devote all to your service . and may the god of heaven favour and prosper your noble and pious resolutions , which together with all felicity , and a perpetual course of victory we cordially wish to your majesty . from our palace at westm . aug. — . your majesty's most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the states of holland . most high and mighty lords , our dearest friends , it has bin represented to us , by william cooper a minister of london , and our countrey-man , that john le maire of amsterdam , his father-in-law , about three and thirty years ago devis'd a project , by which the revenues of your republick might be very much advanc'd without any burthen to the people , and made an agreement with john vandenbrook to share between 'em the reward which they should obtain for their invention , which was the setling of a little seal to be made use of in all the provinces of your territories , and for which your high and mightinesses promis'd to pay the said vandenbrook and his heirs the yearly sum of gilders , or english pounds . now although the use and method of this little seal has bin found very easy and expeditious , and that ever since great incomes have thereby accru'd to your high and mightinesses and some of your provinces , nevertheless nothing of the said reward , tho with much importunity demanded , has bin paid to this day ; so that the said vandenbrook and le maire being tir'd out with long delays , the right of the said grant is devolv'd to the foresaid william cooper , our countrey-man ; who desirous to reap the fruit of his father-in-law's industry , has petition'd us , that we would recommend his just demands to your high and mightinesses , which we thought not reasonable to deny him . wherefore , in most friendly wise , we request your high and mightenesses favourably to hear the petition of the said william cooper , and to take such care , that the reward and stipend , so well deserv'd , and by contract agreed and granted , may be paid him annually from this time forward , together with the arrears of the years already pass'd . which not doubting but your high and mightinesses will vouchsafe to perform , as what is no more then just and becoming your magnificence , we shall be ready to shew the same favour to the petitions of your countrey-men upon any occasions of the same nature , whenever presented to us . from our palace at white-hall , september — . your high and mightinesses most affectionate , oliver protector of the commonwealth , &c. oliver protector of the commonwealth of england , &c. to the most serene prince , lewis king of france . most serene king , our dearest friend and confederate , against our will it is that we so often trouble your majesty with the wrongs done by your subjects , after a peace so lately renew'd . but as we are fully perswaded that your majesty disapproves their being committed , so neither can we be wanting to the complaints of our people . that the ship anthony of dieppe was legally taken before the league , manifestly appears by the sentence of the judges of our admiralty court. part of the lading , that is to say , four thousand hides , robert brown , a merchant of london fairly bought of those who were entrusted with the sale , as they themselves testify . the same merchant , after the peace was confirm'd , carri'd to dieppe about two hundred of the same hides , and there having sold 'em to a currier , thought to have receiv'd his money , but found it stopt and attach'd in the hands of his factor ; and a suit being commenc'd against him , he could obtain no favour in that court. wherefore , we thought it proper to request your majesty , that the whole matter may be referr'd to your council , that so the said money may be discharg'd from an unjust and vexatious action . for if acts done and adjudg'd before the peace , shall after peace renew'd be call'd into question and controversy , we must look upon assurance of treaties to be a thing of little moment . nor will there be any end of these complaints , if some of these violators of leagues be not made severee and timely examples to others . which we hope your majesty will speedily take into your care. to whom god almighty in the mean time vouchsafe his most holy protection . from our palace at white-hall , september — . your majesty's most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene prince , john , king of portugal . most serene king , the peace being happily concluded between this republick and the kingdom of portugal , and what refers to trade being duly provided for and ratifi'd , we deem'd it necessary to send to your majesty thomas maynard , from whom you will receive these letters to reside in your dominions , under the character and employment of a consul , and to take care of the estates and interests of our merchants . now in regard it may frequently so fall out , that he may be enforc'd to desire the privilege of free admission to your majesty , as well in matters of trade , as upon other occasions for the interest of our republick , we make it our request to your majesty , that you will vouchsafe him favourable access and audience , which we shall acknowledge as a singular demonstration and testimony of your majesties good-will toward us . in the mean tlme we beseech almighty god to bless your majesty with all prosperity . from our court at westm . october — . your majesties most affectionate , oliver protector of the commonwealth of england , &c. to the king of the swedes . most serene and potent king , although your majesty's wonted and spontaneous favour and good-will toward all deserving men be such , that all recommendations in their behalf may seem superfluous , yet we were unwilling to dismiss without our letters to your majesty , this noble person , william vavassour knight , serving under your banners , and now returning to your majesty : which we have done so much the more willingly , being inform'd , that formerly following your majesty's fortunate conduct , he had lost his blood in several combats to assert the noble cause for which you fight . insomuch , that the succeeding kings of swedeland in renumeration of his military skill , and bold atchievements in war , rewarded him with lands and annual pensions , as the guerdons of his prowess . nor do we question but that he may be of great use to your majesty in your present wars , who has bin so long conspicuous for his fidelity and experience in military affairs . 't is our desire therefore that he may be recommended to your majesty according to his merits , and we also farther request , that he may be paid the arrears that are due to him . this , as it will be most acceptable to us , so we shall be ready , upon the like occasion , whenever offer'd , to gratify your majesty , to whom we wish all happiness and prosperity . your majesty's most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene prince , john king of portugal . most serene king , our dearest friend and confederate , thomas evans , a master of a ship , and our countrey-man , has presented a petition to us , wherein he sets forth , that in the years . and . he serv'd the brafile company with his ship the scipio , being a vessel of four hunder'd tuns , and of which he was master : that the said ship was taken from him , with all the lading and furniture by your majesties command ; by which he has receiv'd great damage , besides the loss of six years gain arising out of such a stock . the commissioners by the league appointed on both sides for the deciding controversies , valu'd the whole at seven thousand of our pounds , or twice as many milreys of portugal money , as they made their report to us . which loss falling so heavy upon the foresaid thomas , and being constrain'd to make a voyage to lisbon for the recovery of his estate , he humbly besought us that we would grant him our letters to your majesty in favour of his demands . we therefore , although we wrote the last year in behalf of our merchants in general to whom the brasile company was indebted , nevertheless that we may not be wanting to any that implore our aid , request your majesty , in regard to that friendship which is between us , that consideration may be had of this man in particular , and that your majesty would give such orders to all your ministers and officers , that no obstacle may hinder him from demanding and recovering without delay , what is owing to him from the brasile company , or any other persons . god almighty bless your majesty with perpetual felicity , and grant that our friendship may long endure . from our palace at westm . october — . your mrjesty's most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the illustrious and magnificent senate of hamborough . most noble , magnificent , and right worshipful , james and patrick hays , subjects of this commonwealth , have made grievous complaint before us , that they being lawful heirs of their brother alexander , who dy'd intestate , were so declar'd by a sentence of your court pronounc'd in their behalf against their brother's widow ; and the estates of their deceas'd brother , together with the profits , onely the widow's dowre excepted , being adjudg'd to them by vertue of that sentence ; nevertheless , to this very day they could never reap any benefit of their pains and expences in obtaining the said judgment , notwithstanding their own declar'd right , and letters formerly written by king charles in their behalf ; for that the great power and wealth of albertvan eyzen , one of your chief magistrates , and with whom the greatest part of the goods was deposited , was an opposition too potent for them to surmount , whilst he strove all that in him lay that the goods might not be restor'd to the heirs . thus disappointed and tir'd out with delays , and at length reduc'd to utmost poverty , they are become suppliants to us that we would not forsake 'em , wrong'd and oppress'd as they are in a confederated city . we therefore believing it to be a chief part of our duty , not to suffer any countrey-man of ours in vain to desire our patronage and succour in distress , make this request to your lordships , which we are apt to think we may easily obtain from your city , that the sentence pronounc'd in behalf of the two brothers may be ratifi'd and duly executed according to the intents and purposes for which it was given ; and that you will not suffer any longer delay of justice , by any appeal to the chamber of spire , upon any pretence whatever : for we have requir'd the opinions of our lawyers , which we have sent to your lordships fairiy written and sign'd . but if intreaty and fair means will nothing avail , of necessity ( and which is no more then according to the customary law of nations , though we are unwilling to come to that extremity ) the severity of retaliation must take its course ; which we hope your prudence will take care to prevent . from our palace at westm . octob. . . your lordships most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene and potent lewis , king of france . most serene and potent king , our dearest friend and confederate , we are apt to believe that your majesty receiv'd our letters dated the th of may , of the last year , wherein we wrote that john dethic , mayor of london that year , and william waterford , merchant , had by their petition set forth , that a certain vessel , call'd the jonas , freighted with goods upon their accompt , and bound for dunkirk , then under the jurisdiction of the french , was taken at the very mouth of the thames , by a sea-rover , pretending a commission from the son of the late king charles : which being directly contrary to your edicts , and the decrees of your council , that no english ship taken by the enemies of the parliament , should be admitted into any of your ports , and there put to sale , they demanded restitution of the said ship and goods from m. lestrade , then governor of the town , who return'd 'em an answer no way becoming a person of his quality , or who pretended obedience to his sovereign ; that the government was conferr'd upon him for his good service in the wars , and therefore he would make his best advantage of it , that is to say , by right or wrong ; for that he seem'd to drive at : as if he had receiv'd that government of your majesties free gift , to authorize him in the robbing your confederates , and contemning your edicts , set forth in their favour . for what the king of france forbids his subjects any way to have a hand in , that the king's governor has not only suffer'd to be committed in your ports , but he himself becomes the pirate , seizes the prey , and openly avouches the fact. with this answer therefore the merchants departed , altogether baffl'd and disappointed ; and this we signifi'd by our letters to your majesty the last year with little better success ; for as yet we have receiv'd no reply to those letters . of which we are apt to believe the reason was , because the governor was with the army in flanders ; but now he resides at paris , or rather flutters unpunish'd about the city , and at court enrich'd with the spoils of our merchants . once more therefore , we make it our request to your majesty , which it is your majesty's interest in the first place to take care of , that no person whatever may dare to justify the wrongs done to your majesty's confederates by the contempt of your royal edicts . nor can this cause be properly referr'd to the commissioners appointed for deciding common controversies on both sides ; since in this case , not only the rights of confederates , but your authority it self , and the veneration due to the royal name , are chiefly in dispute . and it would be a wonder , that merchants should be more troubled for their losses , then your majesty provok'd at incroachments upon your honour . which while you disdain to brook , with the same labour you will demonstrate that you neither repent of your friendly edicts in favour of our republick , nor conniv'd at the injuries done by your subjects , nor neglected to give due respect to our demands . from our court at westminster , novemb. — . your majesty's most bounden by good-will , by friendship and solemn league , oliver protector of the commonwealth , &c. oliver protector of the commonwealth of england , &c. to the most serene and potent prince , frederic iii. king of danemark , norway , the vandals and goths ; duke of sleswich , holsatia , stormatia and dithmarsh ; count in oldenburgh and delmenhorst , &c. most serene and potent king , our dearest friend and confederate , we receiv'd your majesty's letters , dated the th of february , from copenhagen , by the most worthy simon de pitkum , your majesty's agent here residing . which when we had perus'd , the demonstrations of your majesty's good-will towards us , and the importance of the matter concerning which you write , affected us to that degree , that we design'd forthwith to send to your majesty some person , who being furnish'd with ample instructions from us , might more at large declare to your majesty our counsels in that affair . and tho we have still the same resolutions , yet hitherto we have not been at leisure to think of a person proper to be entrusted with those commands , which the weight of the matter requires ; tho in a short time we hope to be more at liberty . in the mean while , we thought it not convenient any longer to delay the letting your majesty understand , that the present condition of affairs in europe has employ'd the greatest part of our care and thoughts ; while for some years , to our great grief , we have beheld the protestant princes and supream magistrates of the reformed republicks , ( whom it rather behoves , as being engag'd by the common tye of religion and safety , to combine and study all the ways imaginable conducing to mutual defence ) more and more at weakning variance among themselves , and jealous of each other's actions and designs ; putting their friends in fear , their enemies in hope , that the posture of affairs bodes rather enmity and discord , then a firm agreement of mind to defend and assist each other . and this sollicitude has fix'd it self so much the deeper in our thoughts , in regard there seems to appear some sparkles of jealousy between your majesty and the king of sweden ; at least , that there is not that conjunction of affections , which our love and good-will in general toward the orthodox religion so importunately requires ; your majesty , perhaps , suspecting that the trade of your dominions will be prejudic'd by the king of sweden ; and on the other side , the king of sweden being jealous , that by your means the war , which he now wages , is made more difficult , and that you oppose him in his contracting those alliances which he seeks . 't is not unknown to your majesty , so eminent for your profound wisdom , how great the danger is that threatens the protestant religion , should such suspicions long continue between two such potent monarchs ; more especially , which god avert , if any symptom of hostility should break forth . however it be , for our parts , as we have earnestly exhorted the king of sweden , and the states of the vnited provinces to peace , and moderate counsels ( and are beyond expression glad to behold peace and concord renew'd between them ; for that the heads of that league are transmitted to us by their lordships , the states-general ) so we thought it our duty , and chiefly becoming our friendship , not to conceal from your majesty what our sentiments are concerning these matters , ( more especially being so affectionately invited so to do by your majesty's most friendly letters ; which we look upon , and embrace , as a most singular testimony of your good-will toward us ) but to lay before your eyes , how great a necessity divine providence has impos'd upon us all , that profess the protestant religion , to study peace among our selves , and that chiefly at this time , when our most embittered enemies seem to have on every side conspir'd our destruction . there 's no necessity of calling to remembrance the valleys of piemont still besmear'd with the blood and slaughter of the miserable inhabitants ; nor austria , tormented at the same time with the emperor's decrees and proscriptions ; nor the impetuous onsets of the popish upon the protestant switzers . who can be ignorant , that the artifices and machinations of the spaniards , for some years last past , have fill'd all these places with the confus'd and blended havock of fire and sword ? to which unfortunate pile of miseries , if once the reformed brethren should come to add their own dissentions among themselves , and more especially two such potent monarchs , the chiefest part of our strength , and among whom so large a provision of the protestants security and puissance lies stor'd and hoarded up against times of danger , most certainly the interests of the protestants must go to ruine , and suffer a total and irrecoverable eclipse . on the other side , if peace continue firmly fix'd between two such powerful neighbours , and the rest of the orthodox princes ; if we would but make it our main study to abide in brotherly concord , there would be no cause , by god's assistance , to fear neither the force nor subtilty of our enemies ; all whose endeavours , and laborious toils , our union alone would be able to dissipate and frustrate . nor do we question , but that your majesty , as you are freely willing , so your willingness will be constant in contributing your utmost assistance to procure this blessed peace . to which purpose , we shall be most ready to communicate , and join our counsels with your majesty ; professing a real and cordial friendship , and not only determin'd inviolably to observe the amity so auspiciously contracted between us , but as god shall enable us , to bind our present alliance with a more strict and fraternal bond. in the mean time , the same eternal god grant all things prosperous and successful to your majesty . from our caurt at white-hall , decem. — . your majesties most closely united by friendship , alliance and good-will , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene and illustrious prince and lord , the lord william , lantgrave of hess , prince of herefeldt , count in cutzenellebogen , decia ligenhain , widda and schaunburg , &c. most serene prince , we had return'd an answer to your letters sent us now near a twelvemonth since , for which we beg your highnesses pardon , had not many , and those the most important affairs of the republick under our care , constrain'd us to this unwilling silence . for what letters could be more grateful to us , then those which are written from a most religius prince , descended from religious ancestors , in order to settle the peace of religion , and the harmony of the church ? which letters attribute to us the same inclinations , the same zeal to promote the peace of christendom , not only in your own , but in the opinion and judgment of almost all the christian world , and which we are most highly glad to find so universally ascrib'd to our selves . and how far our endeavours have been signal formerly throughout these three kingdoms , and what we have effected by our exhortations , by our sufferings , by our conduct , but chiefly by divine assistance , the greatest part of our people both well know , and are sensible of , in a deep tranquility of their consciences . the same peace we have wish'd to the churches of germany , whose dissentions have been too sharp , and of too too long endurance ; and by our agent dury , for many years in vain endeavouring the same reconciliation , we have cordially offer'd whatever might conduce on our part to the same purpose . we still persevere in the same determinations , and wish the same fraternal charity one among another , to those churches . but how difficult a task it is to settle peace among those sons of peace , as they give out themselves to be , to our extream grief , we more then abundantly understand . for that the reformed , and those of the augustan confession , should cement together in a communion of one church , is hardly ever to be expected : 't is impossible by force to prohibit either from defending their opinions , whether in private disputes , or by publick writings . for force can never consist with ecclesiastical tranquility . this only were to be wish'd , that they who differ , would suffer themselves to be entreated , that they would disagree more civilly and with more moderation ; and notwithstanding their disputes , love one another ; not imbitter'd against each other as enemies , but as brethren , dissenting onely in trifles , though in the fundamentals of faith most cordially agreeing . with inculcating and perswading these things , we shall never be wearied ; beyond that , there is nothing allow'd to human force or counsels : god will accomplish his own work in his own time . in the mean while , you , most serene prince , have left behind ye a noble testimony of your affection to the churches , an eternal monument becoming the vertue of your ancestors , and an exemplar worthy to be follow'd by all princes . it only then remains for us to implore the merciful and great god to crown your highness with all the prosperity in other things which you can wish for ; but not to change your mind , then which you cannot have a better , since a better cannot be , nor more piously devoted to his glory . westm . march — . oliver protector of the commonwealth of england , &c. to the most serene prince , the duke of curland . most serene prince , we have bin abundantly satisfi'd of your affection to us , as well at other times , as when you kindly entertain'd our embassador in his journey to the duke of muscovy , for some days together making a stop in your territories : now we are no less confident that your highness will give us no less obliging testimonies of your justice and equity , as well out of your own good nature , as at our request . for we are given to understand , that one john johnson , a scotchman , and master of a certain ship of yours , having faithfully discharg'd his duty for years together in the service of your highness , as to your highness is well known , at length deliver'd the said ship , call'd the whale , in the mouth of the river , according as the custome is , to one of your pilots , by him to be carried safe into harbour . but it so fell out , that the pilot being ignorant of his duty , though frequently warned and admonish'd by the said johnson , as he has prov'd by several witnesses , the said ship ran aground and split to pieces , not through any fault of the master , but through the want of skill , or obstinacy of the pilot. which being so , we make it our earnest request to your highness , that neither the said shipwrack may be imputed to the foremention'd johnson , the master , nor that he may upon that account be depriv'd of the wages due to him ; by the onely enjoyment of which , he having lately suffer'd another misfortune at sea , he hopes however to support and comfort himself in the extremity of his wants . from our court at westm . march — . oliver protector of the commonwealth of england , &c. to the most noble the consuls and senators of the republick of dantzick . most noble and magnificent , our dearest friends , we have always esteem'd your city , flourishing in industry , wealth , and studious care to promote all useful arts and sciences , fit to be compar'd with any the most noble cities of europe . now in regard that in this war , that has long bin hovering about your confines , you have rather chosen to side with the polanders , then with the swedes ; we are most heartily desirous , that for the sake of that religion which you embrace , and of your ancient commerce with the english , you would chiefly adhere to those counsels , which may prove most agreeable to the glory of god , and the dignity and splendour of your city . wherefore we intreat ye , for the sake of that friendship which has bin long establish'd between your selves and the english nation , and if our reputation have obtaine'd any favour or esteem among ye , to set at liberty count conismark , conspicuous among the principal of the swedish captains , and a person singularly fam'd for his conduct in war , but by the treachery of his own people surpris'd at sea ; wherein you will do no more then what the laws of war , not yet exasperated to the heighth , allow ; or if you think this is not so agreeable to your interests , that you will however deem him worthy a more easy and less severe confinement . which of these two favours soever you shall determin to grant us , you will certainly perform an act becoming the reputation of your city , and highly oblige besides the most famous warriers and most eminent captains of all parties ; and lastly , lay upon our selves an obligation not the meanest ; and perhaps it may be worth your interest to gratify us . from our court at westm . april — . your lordships most affectionate , oliver , &c. oliver protector of the commonwealth of england , scotland , and ireland , &c. to the most serene aud potent prince and lord , emperor and great duke of all russia , sole lord of volodomaria , moscow and novograge , king of cazan , astracan and syberia , lord of vobscow , great duke of smolensko , tuerscoy , and other places . lord and great duke of novogrod , and the lower provinces of chernigoy , rezansco and others . lord of all the northern climes ; also lord of eversco , cartalinsca , and many other places . all men know how ancient the friendship , and how vast the trade has bin for a long train of years between the english nation and the people of your empire : but that singular vertue , most august emperor , which in your majesty far outshines the glory of your ancestors ; and the high opinion which all the neighbouring princes have of it , more especially moves us to pay a more then ordinary veneration and affection to your majesty , and to desire the imparting of some things to your consideration , which may conduce to the good of christendome and your own interests . wherefore , we have sent the most accomplish'd richard bradshaw , a person of whose fidelity , integrity , prudence , and experience in affairs , we are well assur'd , as having bin imploy'd by us in several other negotiations of this nature , under the character of our agent to your majesty ; to the end he may more at large make known to your majesty our singular good will and high respect toward so puissant a monarch , and transact with your majesty concerning the matters above-mention'd . him therefore we request your majesty favourably to receive in our name , and as often as shall be requisite to grant him free access to your person , and no less gracious audience ; and lastly , to give the same credit to him in all things which he shall propose or negotiate , as to our selves if we were personally present . and so we beseech almighty god to bless your majesty and the russian empire with all prosperity . from our court at westm . april — . your majesty's most affectionate , oliver , protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene and potent prince charles gustavus , king of the swedes , goths , and vandals , &c. most serene and potent king , our dearest friend and confederate , the most honourable william jepson , collonel of horse , and a senator in our parlament , who will have the honour to deliver these letters to your majesty , will make known to your majesty , with what disturbance and grief of mind we receiv'd the news of the fatal war broke out between your majesty and the king of danemark , and how much it is our cordial and real endeavour , not to neglect any labour or duty of ours , as far as god enables us , that some speedy remedy may be appli'd to this growing mischief , and those calamites averted , which of necessity this war will bring upon the common cause of religion ; more especially at this time , now that our adversaries unite their forces and pernicious counsels against the profession and professors of the orthodox faith. these and some other considerations of great importance to the benefit and publick interests of both nations , have induc'd us to send this gentleman to your majesty under the character of our extraordinary envoy . whom we therefore desire your majesty kindly to receive , and to give credit to him in all things which he shall have to impart to your majesty in our name ; as being a person in whose fidelity and prudence we very much confide . we also farther request , that your majesty will be pleas'd fully to assure your self of our good-will and most undoubted zeal , as well toward your majesty , as for the prosperity of your affairs . of which we shall be readily prepar'd with all imaginable willingness of mind to give unquestionable testimonies upon all occasions . from our court at westminster , august — . your majesty's friend , and most strictly co-united confederate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene prince , the lord frederick william , marquess of brandenburgh , high chamberlain of the imperial empire , and prince elector , duke of magdeburgh , prussia , juliers , cleves , monts , stettin , pomerania , of the cassiubiands and vandals , as also of silesia , crosna , and carnovia , burgravae of norrinburgh . prince of halberstadt and minda , count of mark and ravensbergh , lord in ravenstein . most serene prince , our dearest friend and confederate such is the fame of your highness's vertue and prudence both in peace and war , and so loudly spread through all the world , that all the princes round about are ambitious of your friendship ; nor does any one desire a more faithful or constant friend and associate : therefore to the end your highness may know that we are also in the number of those that have the highest and most honourable thoughts of your person and merits , so well deserving of the commonwealth of christendome ; we have sent the most worthy col. will. jepson , a senator in our parlament , in our name to kiss your majesties hands , and with all to wish the continuance of all prosperity to your affairs , and in words at large to express our good-will and affection to your serenity ; and therefore make it our request , that you will vouchsafe to give him credit in those matters concerning which he has instructions to treat with your majesty , as if all things were attested and confirm'd by our personal presence . from our court at white-hall , august — . oliver protector of the commonwealth of england , &c. to the most noble the consuls and senators of the city of hamborough . most noble , most magnificent and worthy , the most accomplish'd , collonel william jepson , a senator in our parlament , being sent by us to the most serene king of sweden , is to travel through your city ; and therefore we have given him in command , not to pass by your lordships unsaluted in our name ; and withall to make it our request , that you will be ready to assist him upon whatsoever occasion he shall think it requisite to crave the aid of your authority and counsel . which the more willingly you shall do , the more you shall find you have acquir'd our favour . from our court at westminster , august — . to the most noble the consuls and senators of the city of breme . how great our affection is toward your city , how particular our good-will , as well upon the account of your religion , as for the celebrated splendor of your city , as formerly you have found , so when occasion offers , you shall be farther sensible . at present , in regard the most accomplish'd collonel , william jepson , a senator in our parlament , is to travel through bremen with the character of our envoy extraordinary to the king of sweden , 't is our pleasure that he salute your lordships lovingly and friendly in our name : and that if any accident fall out , wherein your assistance and friendship may be serviceable to him , that he may have free admission to desire it , upon the score of our alliance . wherein we are confident you will the less be wanting , by how much the more reason you will have to be assur'd of our singular love and kindness for your lordships . from our court at white-hall , august — . oliver protector of the commonwealth of england , &c. to the most noble the senators and consuls of the city of lubeck . most noble , magnificent , and right worshipful our dearest friends , collonel william jepson , a person of great honour , and a senator in our parlament , is to pass with the character of a publick minister from your city to the king of sweden , encamping not far from it . wherefore we desire your lordships , that if occasion require , upon the account of the friendship and commerce between us , you will be assistant to him in his journey through your city , and the territories under your jurisdiction . as to what remains , it is our farther pleasure , that you be saluted in our name , and that you be assur'd of our good-will and ready inclinations to serve your lordships . from our court at westminster , august — . oliver protector of the commonwealth of england , &c. to the city of hamborough . most noble , magnificent , and right worshipful , philip meadows , who brings these letters to your lordships , is to travel through your city , with the character of our agent , to the king of danemark . therefore we most earnestly recommend him to your lordships , that if any occasion should happen for him to desire it , you would be ready to aid him with your authority and assistance : and we desire that this our recommendation may have the same weight at present with your lordships as formerly it wont to have ; nor shall we be wanting to your lordships , upon the same opportunities . from our court at white-hall , august — . oliver protector of the commonwealth of england &c. to the most sereae prince frederick heir of norway , duke of sleswic , holsatia , and ditmarsh , count in oldenburgh and delmenhorst . most serene prince , our dearest friend , collonel william jepson , a person truly noble in his countrey , and a senator in our parlament , is sent by us , as our envoy extraordinary to the most serene king of sweden ; and may it prove happy and prosperous for the common peace and interests of christendome . we have given him instructions , among other things , that in his journey , after he has kiss'd your serenities hands in our name , and declar'd our former good-will and constant zeal for your welfare , to request of your serenity also , that being guarded with your authority , he may travel with safety and convenience through your territories . by which kind act of civility your highness will in a greater measure oblige us to returns of answerable kindness . from our court at westm . august — . oliver protector of the commonwealth of england , &c. to the most serene prince , ferdinand great duke of tuscany . most serene great duke , our dearest friend , the company of our merchants , trading to the eastern coasts of the mediterranean sea , by their petition to us have set forth , that william ellis , master of a ship call'd the little lewis , being at alexandria in egypt , was hir'd by the basha of memphis , to carry rice , sugar , and coffee , either to constantinople or smyrna , for the use of the grand seignior ; but that contrary to his faith and promise given , he bore away privately from the ottoman fleet , and brought his ship and lading to leghorn ; where now he lives in possession of his prey . which villanous act , being of dangerous example , as exposing the christian name to scandal , and the fortunes of our merchants living under the turks to violence and ransack ; we therefore make it our request to your highness , that you will give command that the said master be apprehended and imprison'd , and that the vessel and goods may remain under seizure , till we shall have given notice of our care , for the restitution of those goods to the sultan : assuring your highness of our readiness to make suitable returns of gratitude whenever opportunity presents it self . from our court at westm . septemb. — . your highness's most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene prince , the lord frederic william marquiss of brandenburgh , &c. most serene prince , our most dear friend and confederate , by our last letters to your highness , either already or shortly to be deliver'd by our embassador william jepson , we have imparted the substance of our embassy to your highness ; which we could not do without some mention of your great vertues , and demonstration of our own good will and affection . nevertheless , that we may not seem too superficially to have glided over your transcending deservings of the protestant interests ; we thought it proper to resume the same subject , and pay our respect and veneration , not more willingly , or with a greater fervency of mind , but somewhat more at large , to your highness . and truly most deservedly , when daily information reaches our ears , that your faith and conscience , by all manner of artifices tempted and assail'd , by all manner of arts and devices solicited , yet cannot be shaken , or by any violence be rent from your friendship and alliance with a most magnanimous prince and your confederate : and this , when the affairs of the swedes are now reduc'd to that condition , that in adhering to their alliance , 't is manifest that your highness rather consults the common cause of the reformed religion , then your own advantage . and when your highness is almost surrounded and besieg'd by enemies , either privately lurking , or almost at your gates ; yet such is your constancy and resolution of mind , such your conduct and prowess becoming a great general , that the burthen and massy bulk of the whole affair , and the event of this important war , seems to rest and depend upon your sole determination . wherefore your highness has no reason to question but that you may rely upon our friendship and unfeigned affection ; who should think our selves worthy to be forsaken of all men's good word , should we seem careless in the least of your unblemish'd fidelity , your constancy , and the rest of your applauded vertues , or should we pay less respect to your highness upon the common score of religion . as to those matters propounded by the most accomplish'd john frederic schlever , your counsellor and agent here residing , if hitherto we could not return an answer , such as we desir'd to do , though with all assiduity and diligence labour'd by your agent ; we intreat your highness to impute it to the present condition of our affairs , and to be assur'd , that there is nothing which we account more sacred , or more earnestly desire , then to be serviceable and assisting to your interests , so bound up with the cause of religion . in the mean time we beseech the god of mercy and power , that so signal a prowess and fortitude may never languish or be oppress'd , nor be depriv'd the fruit and due applause of all your pious undertakings . from our court at westminster , september — . your highness's most affectionate , oliver protector of the commonwealth of england , &c. to the most excellent lord , m. d. 〈◊〉 , extraordinary embassador from the most serene king of france . most excellent lord , lvcas lucie merchant of london , has made his complaint to the most serene lord protector , concerning a certain ship of his , call'd the mary ; which in her voyage from ireland to bayonne , being driven by tempest into the port of st. john de luz , was there detain'd by vertue of an arrest , at the suit of one martin de lazan ; nor could she be discharg'd till the merchants had given security to stand a tryal for the property of the said ship and lading . for martin pretended to have a great sum of money owing to him by the parlament for several goods of his which in the year . were seiz'd by authority of parlament ▪ in a 〈◊〉 ship call'd the santa clar●●… 〈◊〉 in manifest , that martin 〈…〉 the owner of the said 〈…〉 that he prosecuted the 〈…〉 owners richard and 〈…〉 with his pa●●ner , whole 〈◊〉 was antonio fernandez ; and that upon the said mar●●n and antonio's falling out among themselves , the parlament decreed that the said goods should be stop'd till the law should decide to which of the two they were to be restor'd . upon this , antony was desirous that the action should proceed ; on the other side , neither martin , nor any body for him , has hitherto appear'd in court : all which is evidently apparent by luca's petition hereto annex'd . so that it seems most unreasonable , that he who refus'd to try his pretended title with antonio , to other mens goods , in our own courts , should compel our people and the true owners to go to law for their own in a foreign dominion . and that the same is apparent to your excellency's equity and prudence , the most serene lord protector makes no question ; by whom i am therefore commanded in a particular manner to recommend this fair and honest cause of lucas lucy to your excellency's consideration ; to the end that martin , who neglects to try his pretended right here , may not under that pretence have an opportunity in the french dominions to deprive others of their rightful claims . westm . octob. — . your excellency's most affectionate . oliver protector of the commonweolth of england , &c. to the most serene duke , and senate of the republick of venice . most serene duke and senate , our dearest friends , so numerous are the tydings brought us of your fortunate successes against the turks , that there is nothing wherein we have more frequent occasion to employ our pens , then in congratulating your serenities for some signal victory . for this so recently obtain'd , we give ye joy , as being not onely most auspicious and seasonable to your republick , but which is more glorious , so greatly tending to the deliverance of all the christians groaning under turkish servitude . more particularly we recommend to your serenity and the senate thomas galily , formerly master of the ship call'd the relief , who for these five years together has bin a slave ; tho this be not the first time we have interceded in his behalf ; yet now we do it the more freely , as in a time of more then ordinary exultation . he , having receiv'd your commands to serve your republick with his ship , and engaging alone with several of the enemies gallies , sunk some , and made a great havock among the rest ; but at length his ship being burnt , the brave commander , and so well deserving of the venetian republick , was taken , and ever since for five years together , has endur'd a miserable bondage under the barbarians . to redeem himself he had not wherewithall ; for whatsoever he had , that he makes out , was owing to him by your highness and the senate , upon the account either of his ship , his goods , or for his wages . now in regard he may not want relief , and for that the enemy refuses to discharge him upon any other condition , then by exchange of some other person of equal value and reputation to himself , we most earnestly intreat your highness and the most serene senate , and the afflicted old man , father of the said thomas , full of grief and tears , which not a little mov'd us , by our intercession begs , that in regard so many prosperous combats have made ye masters of so many turkish prisoners , you will exchange some one of their number , whom the enemy will accept for so stout a seaman taken in your service , our countreyman , and the onely son of a most sorrowful father . lastly , that whatsoever is due to him from the republick , upon the score of wages , or upon any other account , you will take care to see it paid to his father , or to whom he shall appoint to receive it . the effect of our first request , or rather of your equity was this , that the whole matter was examin'd , and upon an exact stating of the accounts the debt was agreed ; but perhaps by reason of more important business intervening , no payment ensu'd upon it ▪ now the condition of the miserable creature admits of no longer delay ; and therefore some endeavour must be us'd , if it be worth your while to desire his wellfare , that he may speedily be deliver'd from the noysome stench of imprisonment . which , as you flourish no less in justice , moderation and prudence , then in military fame and victorious success , we are confident you will see done , of your own innate humanity and free will , without any hesitation , without any incitement of ours . now that ye may long flourish , after a most potent enemy subdu'd , our daily prayers implore of the almighty . from our court at westminster , october — . your highnesses most affectionate , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the high and mighty lords , the states of the united provinces . most high and mighty lords , our dearest friends and confederates , the most illustrious william nuport , your extraordinary embassador for some years residing with us , is now returning to your lordships ; but with this condition , that after this respit obtain'd from your lordships , he shall return again in a short time . for he has remain'd among us , in the discharge of his trust , with that fidelity , vigilance , prudence and equity , that neither you nor we could desire greater vertue and probity in an embassador , and a person of unblemished reputation ; with those inclinations and endeavours to preserve peace and friendship between us , without any fraud or dissimulation , that while he officiates the duty of your embassador , we do not find what occasion of scruple or offence can arise in either nation . and we should brook his departue with so much the more anxiety of mind , considering the present juncture of times and affairs , were we not assur'd , that no man can better or more faithfully declare and represent to your lordships , either the present condition of affairs , or our good-will and affection to your government . being therefore every way so excellent a person , and so well deserving both of yours and our republick , we request your lordships to receive him returning , such as we unwillingly dismiss him , laden with the real testimonials of our applauses . almighty god grant all prosperity to your affairs and perpetuate our friendship , to his glory , and the support of his orthodox church . from our court at westminster november — . your high and mightinesses most devoted . oliver protector of the commonwealth of england , &c. to the high and mighty lords the states of the united provinces . most high and mighty lords , our dearest friends and confederates , george downing is a person of eminent quality , and after a long trial of his fidelity , probity and diligence , in several and various negotiations , well approv'd and valu'd by us . him we have thought fitting to send to your lordships , dignify'd with the character of our agent , and amply furnish'd with our instructions . we therefore desire your lordship to receive him kindly , and that so often as he shall signify that he has any thing to impart in our name to your lordships , you will admit him free audience , and give the same credit to him , and entrust him with whatsoever you have to communicate to us : which you may safely do , as if our selves were personally present . and so we beseech almighty god to bless your lordships , and your republick with all prosperity , to the glory of god , and the support of his church . from our court at white-hall , decemb. — . your high and mightinesses most affectionate oliver , &c. to the states of holland . there being an alliance between our republick and yours , and those affairs to be transacted on both sides , that without an agent and interpreter , sent either by your selves , or from us , matters of such great moment can hardly be adjusted to the advantage of both nations , we thought it conducing to the common good of both republicks to send geroge downing , a person of eminent quality , and long in our knowledge and esteem for his undoubted fidelity , probity and diligence , in many and various negotiations , dignifi'd with the character of our agent , to reside with your lordships , and chiefly to take care of those things , by which the peace between us may be preserv'd entire and diuturnal . concerning which we have not onely written to the states , but also thought it requisite to give notice also of the same to your lordships , supreme in the government of your province , and who make so considerable a part of the vnited provinces ; to the end you may give that reception to our resident which becomes him , and that whatever he transacts with your high and mighty states , you may assure your selves shall be as firm and irrevocable , as if our selves had bin present in the negotiation . now the most merciful god direct all your counsels and actions to his glory and the peace of his church . westm . decemb. — . oliver protector of the commonwealth of england , &c. to the most serene prince , ferdinand great duke of tuscany . most serene great duke , our much honour'd friend , your highness's letters , bearing date from florence the th . of novemb. gave us no small occasion of content and satisfaction ; finding therein your good will toward us , so much the more conspicuous , by how much deeds then words , performances then promises , are the more certain marks of a cordial affection . for what we requested of your highness , that you would command the master of the little lewis , william ellis , who most ignominiously broke his faith with the turks , and the ship and goods to be seiz'd and detain'd , till restitution should be made to the turks , least the cnristian name should receive any blemish by thieveries of the like nature ; all those things , and that too with an extraordinary zeal , as we most gladly understood before , your highness writes that you have seen diligently perform'd . we therefore return our thanks for the kindness receiv'd , and make it our farther request , that when the merchants have given security to satisfie the turks , the master may be discharg'd , and the ship , together with her lading , be forthwith dismis'd , to the end we may not seem to have had more care perhaps of the turks interest , then our own countreymen . in the mean time we take so kindly this surpassing favour done us by your highness , and most acceptable to us , that we should not refuse to be branded with ingratitude , if we should not ardently desire a speedy opportunity , with the same promptitude of mind , to gratifie your highness , whereby we might be enabl'd to demonstrate our readiness to return the same good offices to so noble a benefactor upon all occasions . from our court at westm . decemb. — . your highnesses most affectionate , oliver , &c. oliver protector of the commonwealth of england , &c. to the most serene and potent prince , charles gustavus , king of the swedes , goths , and vandals , &c. most serene and potent prince , our most invincible friend and confederate , by your majesty's letters , dated the st . of february from your camp in seland , we found many reasons to be affected with no small joy , as well for our own particular , as in regard of the whole christian republick in general . in the first place , because the king of danemark , being become an enemy , not induc'd thereto , as we are apt to believe , by his own inclinations or interests , but deluded by the artifices of our common adversaries , is reduc'd to that condition by your sudden irruption into the very heart of his kingdom , with very little blood shed on either side , that what was really true , he will at length be perswaded that peace would have bin more beneficial to him , then the war which he has enter'd into against your majesty . then again , when he shall consider with himself , that he cannot obtain it by any more speedy means , then by making use of our assistance long since offer'd him to procure a reconciliation , in regard your majesty so readily intreated by the letters onely , deliver'd by our agent , by such an easy concession of peace , most clearly made it apparent how highly you esteem'd the intercession of our friendship , he will certainly apply himself to us ; and then our interposition in so pious a work , will chiefly require , that we should be the sole reconciler and almost author of that peace , so beneficial to the interests of the protestants ; which , as we hope , will suddenly be accomplish'd . for when the enemies of religion shall despair of breaking your united forces by any other means then setting both your majesties at variance , then their own fears will overtake 'em , lest this unexpected conjunction , which we ardently desire , of your arms and minds , should turn to the destruction of them that were the kindlers of the war. in the mean time , most magnanimous king , may your prowess go on and prosper ; and the same felicity which the enemies of the church have admir'd in the progress of your atchievements , and the steady careir of your victories , against a prince , now your confederate , the same , by god's assistance , may you enforce 'em to behold once more in their subversion . from our palace at westminster , march . . oliver protector of the commonwealth of england , &c. to the most serene prince ferdinand , great duke of tuscany . most serene prince , the answer which we have given to your agent here residing , we believe , will fully satisfy your highness , as to our admiral , who but lately put into your ports . in the mean time , john hosier , master of a ship , call'd the owner , has set forth in a petition to us , that in april , . he hir'd out his ship , by a charter-party agreement , to one joseph arman , an italian , who manifestly broke all the covenants therein contain'd ; so that he was enforc'd , lest he should lose his ship and lading , together with his whole principal stock , openly to set forth the fraud of his freighter , after the manner of merchants ; and when he had caus'd it to be register'd by a publick notary , to sue him at leghorne . joseph , on the other side , that he might make good one fraud by another , combining with two other litigious traders , upon a faign'd pretence , by perjury , seiz'd upon six thousand pieces of eight , the money of one thomas clutterbuck . but as for his part , the said hosier , after great expences and loss of time , could never obtain his right and due at leghorn : nor durst he there appear in court , being threaten'd as he was , and way-lay'd by his adversaries : we therefore request your highness , that you would vouchsafe your assistance to this poor opprest man , and according to your wonted justice , restrain the insolence of his adversary . for in vain are laws ordain'd for the government of cities by the authority of princes , if wrong and violence , when they cannot abrogate , shall be able by threats and terror to frustrate the refuge and sanctuary of the laws . however , we make no doubt , but that your highness will speedily take care to punish a daring boldness of this nature ; beseeching almighty god to bless your highness with peace and prosperity . from our court at westminster , april . . to the most serene and potent prince lewis , king of france . most serene and potent king , and most august friend and confederate , your majesty may call to mind , that at the same time , when the renewing the league between us was in agitation , and no less auspiciously concluded , as the many advantages from thence accrewing to both nations , and the many annoyances thence attending the common enemy , sufficiently testify , those dreadful butcheries befel the piedmontois , and that we recommended with great fervency of mind and compassion , their cause on all sides forsaken and afflicted , to your commiseration and protection . nor do we believe , that your majesty , of your self , was wanting in a duty so pious , that we may not say , beseeming common humanity , as far as your authority , and the veneration due to your person , could prevail with the duke of savoy . certain we are , that neither our selves , nor many other princes and cities were wanting in our performances , by the interposition of embassies , letters , aud intreaties . after a most bloody butchery of both sexes , and all ages , at length peace was granted , or rather a certain clandestine hostility cover'd over with the name of peace . the conditions of peace were agreed in your town of pignerol ; severe and hard ; but such , as those miserable and indigent creatures , after they had suffer'd all that could be endur'd that was oppressive and barbarous , would have been glad of , had they been but observ'd , as hard and unjust as they were . but by false constructions , and various evasions , the assurances of all these articles are eluded and violated : many are thrust out from their ancient abodes ; many are forbid the exercise of their religion ; new tributes are exacted ; a new citadel is impos'd upon them ; from whence the soldiers frequently making excursions , either plunder or murther all they meet . add to all this , that new levies are privately preparing against 'em ; and all that embrace the protestant religion are commanded to depart by a prefix'd day ; so that all things seem to threaten the utter extermination of those deplorable wretches , whom the former massaker spar'd . which i most earnestly beseech and conjure ye , most christian king , by that right hand , which sign'd the league and friendship between us , by that same goodly ornament of your title of most christian , by no means to suffer ; nor to permit such liberty of rage and fury uncontroul'd , we will not say , in any prince , ( for certainly such barbarous severity could never enter the breast of any prince , much less so tender in years , nor into the female thoughts of his mother ) but in those sanctifi'd cut-throats , who professing themselves to be the servants and disciples of our saviour christ , who came into this world to save sinners , abuse his meek and peaceful name and precepts to the most cruel slaughter of the innocent . rescue you that are able , in your towring station worthy to be able , rescue so many suppliants prostrate at your feet , from the hands of ruffians , who lately drunk with blood , again thirst after it , and think it their safest way to throw the odium of their cruelty upon princes . but as for you , great prince , suffer not , while you reign , your titles , nor the confines of your kingdom , to be contaminated with this same heaven-offending scandal , nor the peaceful gospel of christ to be defil'd with such abominable cruelty . remember that they submitted themselves to your grandfather henry , most friendly to the protestants , when the victorious lesdiguieres pursu'd the retreating savoyard o're the alpes . there is also an instrument of that submission register'd among the publick acts of your kingdom , wherein it is excepted and provided among other things , that from that time forward the piemontois should not be deliver'd over into the power of any ruler , but upon the same conditions upon which your invincible grandfather receiv'd them into his protection . this protection of your grandfather , these suppliants now implore from you as grandchild . 't is your majesty's part , to whom those people now belong , to give 'em that protection which they have chosen , by some exchange of habitation , if they desire it , and it may be done : or if that be a labour too difficult , at least to succour 'em with your patronage , your commiseration , and your admittance into sanctuary . and there are some reasons of state to encourage your majesty not to refuse the piemontois a safe asylum in your kingdom : but i am unwilling that you , so great king , should be induc'd to the defence and succour of the miserable by any other arguments then those of your ancestor's pledg'd faith , your own piety , royal benignity and magnanimity . thus the immaculate and intire glory of a most egregious act will be your own , and you will find the father of mercy , and his son , king christ , whose name and doctrine you have vindicated from nefarious inhumanity , so much the more favourable and propitious to your majesty , all your days . the god of mercy and power infuse into your majesty's heart a resolution to defend and save so many innocent christians , and maintain your own honour . westm . may — . to the evangelick cities of the switzers . illustrious and most noble lords , our dearest friends , how heavy and intolerable the sufferings of the piemontois , your most afflicted neighbours , have bin , and how unmercifully they have been dealt with by their own prince , for the sake of their religion , by reason of the felness of the cruelties , we almost tremble to remember , and thought it superfluous to put you in mind of those things , which are much better known to your lordships . we have also seen copies of the letters , which your embassadors , promoters and witnesses of the peace , concluded at pignerol , wrote to the duke of savoy , and the president of his council at turin ; wherein they set forth , and make it out , that all the conditions of the said peace are broken , and were rather a snare then a security to those miserable people . which violation continu'd from the conclusion of the peace to this very moment , and still growing more heavy every day then other : unless they patiently endure , unless they lay themselves down to be trampl'd under foot , plash'd like mortar , or abjure their religion , the same calamities , the same slaughters , hang over their heads , which three years since , made such a dreadful havock of them , their wives and children ; and which , if it must be undergone once more , will certainly prove the utter extirpation of their whole race . what shall such miserable creatures do ? in whose behalf no intercession will avail , to whom no breathing time is allow'd , nor any certain place of refuge . they have to do with wild beasts , or furies rather , upon whom the remembrance of their former murders has wrought no compassion upon their countrymen , no sense of humanity , nor satiated their ravenous hunger after blood . most certainly these things are not to be endur'd , if we desire the safety of our brethren the piemontois , most ancient professors of the orthodox faith , or the welfare of our religion it self . as for our selves , so far remote , we have not been wanting to assist 'em as far as in us lay , nor shall we cease our future aid . but you , who not only lie so near adjoining , as to behold the butcheries , and hear the outcries and shrieks of the distressed , but are also next expos'd to the fury of the same enemies ; consider for the sake of the immortal god , and that in time , what it behoves ye now to do : consult your prudence , your piety , and your fortitude , what succour , what relief and safegard you are able , and are bound to afford your neighbours and brethren , who must else undoubtedly and speedily perish . certainly the same religion is the cause , why the same enemies seek also your perdition ; why , at the same time the last year , they meditated your ruin , by intestine broiles among your selves . it seems to be only in your power , next under god , to prevent the extirpation of this most ancient scien of the purer religion , in these remainders of the primitive believers ; whose preservation , now reduc'd to the very brink of utter ruin , if you neglect , beware that the next turn be not your own . these admonitions , while we give ye freely , and out of brotherly love , we are not quite as yet cast down : for what lies only in our power so far distant , as we have hitherto , so shall we still employ our utmost endeavours , not only to procure the safety of our brethren upon the precipice of danger , but also to relieve their wants . may the almighty god vouchsafe to both of us that peace and tranquility at home , that settlement of times and affairs , that we may be able to employ all our wealth and force , all our studies and counsels in the defence of his church against the rage and fury of her enemies . from our court at white-hall , may — . to his eminency cardinal mazarin . most eminent lord , the late most grievous cruelties , and most bloody slaughters perpetrated upon the inhabitants of the valleys of piemont , within the duke of savoy's dominions , occasion'd the writing of the inclos'd letters to his majesty , and these other to your eminency . and as we make no doubt but that such tyranny , inhumanities , so rigorously inflicted upon harmless and indigent people , are highly displeasing and offensive to the most serene king ; so we readily persuade our selves , that what we request from his majesty in behalf of those unfortunate creatures , your eminency will employ your endeavour , and your favour to obtain , as an accumulation to our intercessions . seeing there is nothing which has acquir'd more good-will and affection to the french nation , among all the neighbouring professors of the reformed religion , then that liberty and those privileges , which by publick acts and edicts are granted in that kingdom to the protestants . and this among others was one main reason , why this republick so ardently desir'd the friendship and alliance of the french people . for the setling of which we are now treating with the king's embassador , and have made those progresses , that the treaty is almost brought to a conclusion . besides that , your eminency's singular benignity and moderation , which in the management of the most important affairs of the kingdom , you have always testifi'd to the protestants of france , encourages us to expect what we promise to our selves from your prudence and generosity ; whereby you will not only lay the foundations of a stricter alliance between this republick and the kingdom of france , but oblige us in particular to returns of all good offices of civility and kindness : and of this we desire your eminency to rest assur'd . your eminency's most affectionate . oliver protector of the commonwealth of england , &c. to the most serene and potent prince , lewis king of france . most serene and potent king , our most august friend and confederate . it being the intention of thomas viscount falconbridge , our son-in-law , to travel into france , and no less his desire , out of his profound respect and veneration to your majesty , to be admitted to kiss your royal hands ; though by reason of his pleasing conversation we are unwilling to part with him , nevertheless not doubting but he will in a short time return from the court of so great a prince , celebrated for the resort of so many prudent and couragious persons , more nobly prepar'd for great performances , and fully accomplish'd in whatsoever may be thought most laudable and vertuous , we did not think it fit to put a stop to his generous resolutions . and though he be a person , who , unless we deceive our selves , carries his own recommendations about him , wheresoe're he goes ; yet if he shall find himself somewhat the more favour'd by your majesty for our sake , we shall think our selves honour'd and oblig'd by the same kindness . god almighty long preserve your majesty in safety , and continue a lasting peace between us , to the common good of the christian world . from our court at white-may — . oliver protector of the commonwealth of england , &c. to the most eminent lord cardinal mazarin . most eminent lord , having recommended to the most serene king , thomas viscount falconbridge our son-in-law , desirous to see france ; we could not but acquaint your eminency with it , and recommend him in like manner to your self ; not ignorant of what moment and importance it will be to our recommendation first given him . for certainly , what benefit or advantage he shall reap by residing in your countrey , which he hopes will not be small , he cannot but be beholding for the greatest part of it to your favour and good will ; whose single prudence and vigilancy , supports and manages the grand affairs of that kingdom . whatever therefore grateful obligation your eminency shall lay upon him , you may be assur'd you lay upon our selves , and that we shall number it among your many kindnesses and civilities already shew'd us . westm . may — . oliver protector &c. to the most eminent lord cardinal mazarin . most eminent lord , having sent the most illustrious thomas bellasis , viscount falconbridge , our son-in-law , to congratulate the king , upon his arrival in the camp at dunkirk , i gave him order to attend and wish your eminency long life and health in our name , and to return thanks to your eminency , by whose fidelity , prudence and vigilancy , it chiefly comes to pass , that the affairs of france are carri'd on with such success in several parts , but more especially in near-adjoining flanders , against our common enemy the spaniard ; from whom we hope that open and armed courage now will soon exact a rigorous account of all his frauds and treacheries . which that it may be speedily done , we shall not be wanting , either with our forces , as far as in us lies , or with our prayers to heaven . from our court at white-hall , may — . oliver protector of the commonwealth of england , &c. to the most serene and potent prince , lewis king of france . most serene and potent prince , our most august friend and confederate , so soon as the news was brought us , that your majesty was arriv'd in your camp , and was sate down with so considerable an army before dunkirk , that infamous nest of pyrates , and place of refuge for sea-robbers , we were greatly overjoy'd , in certain assurance , that in a short time now , with god's assistance , the seas will be more open and less infested by those plundering rovers ; and that your majesty , by your military prowess , will now take speedy vengeance of the spanish frauds ; by whom one captain was by god corrupted to the betraying of hesden ; another treacherously surpriz'd at ostend . we therefore send the most noble , thomas viscount falconbridge , our son-in-law , to congratulate your majesty's arrival in your camp so near us , and that your majesty may understand from his own lips , with what affection we labour the prosperity of your atchievemants , not onely with our united forces , but with our cordial prayers , that god would long preserve your majesty , and perpetuate our establish'd friendship , to the common good of the christian world . from our court at westm . may — . to the most serene prince , ferdinand grand duke of tuscany . most serene great duke , in regard your highness in all your letters , has ever signifi'd your extraordinary affection toward us , we are not a little griev'd , that either it should be so obscurely imparted to your governors and ministers , or by them so ill interpreted , that we can reap no benefit or sign of it , in your port of leghorn , where your friendship toward us ought to be most clearly and truly understood : rather , that we should find the minds of your subjects daily more averse and hostile in their demeanor toward us . for how unkindly our fleet was lately treated at leghorn , how little accommodated with necessary supplies , in what a hostile manner twice constrain'd to depart the harbour , we are sufficiently given to understand as well from undoubted witnesses upon the place , as from our admiral himself , to whose relation we cannot but give credit , when we have thought him worthy to command our fleet. upon his first arrival in january , after he had caus'd our letters to be deliver'd to your highness , and all offices of civility had pass'd between our people and yours ; when he desir'd the accommodation of porto ferraro ; answer was made , it could not be granted , least the king of spain , that is to say , our enemy should be offended . and yet what is there which a prince in friendship more frequently allows to his confederate , then free entrance into his ports and harbours ? or what is there that we can expect from a friendship of this nature , more ready to do us unkindness then befriend us , or aid us with the smallest assistance , for fear of provoking the displeasure of our enemies . at first indeed , prattick was allow'd , tho onely to two or three of our seamen out of every ship , who had the favour to go ashoar . but soon after , it being nois'd in the town , that our ships had taken a dutch vessel laden with corn for spain , that little prattick we had was prohibited ; longland , the english consul , was not permitted to go aboard the fleet ; the liberty of taking in fresh water , which is ever free to all that are not open enemies , was not suffer'd , but under armed guards , at a severe rate ; and our merchants which reside in the town , to the vast emolument of your people , were forbid to visit their countreymen , or assist 'em in the least . upon his last arrival , toward the latter end of march , no body was suffer'd to come ashoar . the fifth day after , when our admiral had taken a small neapolitan vessel which fell into our hands by chance , above two hunder'd great shot were made at our fleet from the town , though without any damage to us . which was an argument , that what provok'd your governors without a cause , as if the rights of your harbour had bin violated , was done out at sea , at a great distance from your town or the jurisdiction of the castle . presently our long-boats sent to take in fresh water , were assail'd in the port , and one taken and detain'd ; which being redemanded , answer was made , that neither the skiff nor the seamen should be restor'd , unless the neapolitan vessel were dismis'd ; tho certain it is , that she was taken in the open sea , where it was lawful to seize her . so that ours , after many inconveniences suffer'd , were forc'd at length to set sail , and leave behind 'em the provision , for which they had paid ready money . these things , if they were not done by your highness's consent and command , as we hope they were not , we desire you would make it appear by the punishment of the governor , who so easily presum'd to violate his master's alliances ; but if they were done with your highness approbation and order , we would have your highness understand , that as we always had a singular value for your friendship , so we have learnt to distinguish between injuries and acts of kindness . from our court at white-hall , may — . your good friend , so far as we may , oliver protector of the commonwealth of england , &c. oliver protector of the commonwealth of england , &c. to the most serene and potent prince , lewis king of france . most serene and potent prince , our most august confederate and friend , by so speedily repaying our profound respect to your majesty , with an accumulation of honour , by such an illustrious embassy to our court ; you have not onely made known to us , but to all the people of england , your singular benignity and generosity of mind , but also how much you favour our reputation and dignity . for which we return our most cordial thanks to your majesty , as justly you have merited from us . as for the victory which god has given , most fortunate , to our united forces against our enemies , we rejoyce with your majesty for it ; and that our people in that battel were not wanting to your assistance , nor the military glory of their ancestors , nor their own pristin fortitude , is most grateful to us . as for dunkirk , which as your majesty wrote , you were in hopes was near surrender : 't is a great addition to our joy to hear from your majesty such speedy tidings , that it is absolutely now in your victorious hands ; and we hope moreover , that the loss of one city will not suffice to repay the twofold treachery of the spaniard , but that your majesty will in a short time write us the welcome news of the surrender also of the other town . as to your promise , that you will take care of our interests , we mistrust it not in the least , upon the word of a most excellent king and our most assured friend , confirm'd withal by your embassador , the most accomplish'd duke of crequi . lastly , we beseech almighty god to prosper your majesty and the affairs of france , both in peace and war. westminster , june — . oliver protector of the commonwealth of england , &c. to the most eminent lord , cardinal mazarin . most eminent lord , while we are returning thanks to the most serene king , who to honour and congratulate us , as also to intermix his joy with ours for the late glorious victory , has sent a splendid embassy to our court ; we should be ungrateful , should we not also by our letters pay our due acknowledgments to your eminency ; who to testifie your good-will toward us , and how much you make it your study to do us all the honour which lyes within your power , have sent your nephew to us , a most excellent and most accomplish'd young gentleman ; and if you had any nearer relation , or any person whom you valu'd more , would have sent him more especially to us , as you declare in your letters ; adding wlthal the reason , which coming from so great a personage , we deem no small advantage to our praise and ornament ; that is to say , to the end that they who are most nearly related to your eminency in blood , might learn to imitate your eminency in shewing respect and honour to our person . and we would have it not to be their meanest strife to follow your example of civility , candour , and friendship to us ; since there are not more conspicuous examples of extraordinary prudence and vertue to be imitated then in your eminency ; from whence they may learn with equal renown to govern kingdoms , and manage the most important affairs of the world. which that your eminency may long and happily administer , to the prosperity of the whole realm of france , to the common good of the whole christian republick , and your own glory , we shall never be wanting in our prayers to implore . from our court at white-hall , june — . your excellency's most affectionate . oliver protector of the commonwealth of england , &c. to the most serene and potent prince , charles gustavus , king of the swedes , goths and vandals , &c. most serene and potent prince , our dearest confiderate and friend , as often as we behold the busy counsels , and various artifices of the common enemies of religion , so often do we revolve in our minds , how necessary it would be , and how much for the safely of the christian world , that the protestant princes , and most especially your majesty , should be united with our republick in a most first and solemn confederacy . which how ardently and zealously it has bin sought by our selves , how acceptable it would have bin to us , if ours , and the affairs of swedeland , had bin in that posture and condition , if the said league could have bin sacredly concluded to the good liking of both , and that the one could have bin a seasonable succour to the other , we declar'd to your embassadors , when first they enter'd into treaty with us upon this subject . nor were they wanting in their duty ; but the same prudence which they were wont to shew in other things , the same wisdom and sedulity they made known in this affair . but such was the perfidiousness of our wicked and restless countrey-men at home , who being often receiv'd into our protection , ceas'd not however to machinate new disturbances , and to resume their formerly often frustrated and dissipated conspiracies with our enemies the spaniards , that being altogether taken up with the preservation of our selves from surrounding dangets , we could not bend our whole care and our entire forces , as we wish'd we could have done , to defend the common cause of religion . nevertheless what lay in our power , we have already zealously perform'd ; and whatever for the future may conduce to your majesty's interests , we shall not onely shew our selves willing , but industrious to carry on , in union with your majesty , upon all occasions . in the mean time , we most gladly congratulate your majesty's victories most prudently and couragiously atchiev'd , and in our daily prayers implore almighty god long to continue to your majesty a steady course of conquest and felicity , to the glory of his name . from our court at white-hall , june — . oliver protector of the commonwealth of england , &c. to the most serene prince the king of portugal . most serene king , our friend and confederate , john buffield , of london merchant , has set forth in a petition to us , that in the year . he deliver'd certain goods to anthony , john , and manuel ferdinando castaneo , merchants in tamira , to the end that after they had sold 'em , they might give him a just account , according to the custome of merchants ; after which , in his voyage for england , he fell into the hands of pyrates , and being plunder'd by 'em , receiv'd no small damage . upon this news , antony and manuel , believing he had bin kill'd , presently look'd upon the goods as their own , and still detain 'em in their hands refusing to come to any account ; covering this fraud of theirs with a sequestration of englisb goods that soon after ensu'd . so that he was forc'd the last year , in the middle of winter , to return to portugal and demand his goods , but all in vain . for that the said john and anthony could by no fair means be perswaded , either to deliver the said goods , or to come to any account ; and which is more to be admir'd , justifi'd their private detention of the goods , by the publick attainder . finding therefore that being a stranger , he should get nothing by contending with the inhabitants of tamira in their own countrey , he betook himself for justice to your majesty ; humbly demanded the judgment of the conservator , appointed to determine the causes of the english ; but was sent back to the cognizance of that court , from which he had appeal'd . which though in it self not unjust , yet seeing it is evident that the merchants of tamira make an ill use of your publick edict to justify their own private couzenage , we make it our earnest request to your majesty , that according to your wonted clemency you would rather refer to the conservator , being the proper judge in these cases , the cause of this poor man , afflicted by many casualties , and reduc'd to utmost poverty ; to the end he may recover the remainder of his fortunes from the faithless partnership of those people . which , when you rightly understand the business , we make no question but will be no less pleasing to your majesty , to see done , then to our selves . from our court at westminster , august , . to the most serene prince leopold , arch-duke , of austria , governour of the low-countries under philip k. of spain . most serene lord , charles harbord , knight , has set forth in his petition to us , that having sent certain goods and houshold-stuff out of holland to bruges under your jurisdiction , he is in great danger of having them arrested out of his hands by force and violence . for that those goods , were sent him out of england in the year . by the earl of suffolk , for whom he stood bound in a great sum of money , to the end he might have wherewithal to satisfy himself , should he be compell'd to pay the debt . which goods are now in the possession of richard greenville , knight , who broke open the doors of the place where they were in custody , and made a violent seizure of the same , under pretence of we know not what due to him from theophilus earl of suffolk , by vertue of a certain decree of our court of chancery , to which those goods , as being the earls , were justly liable ; whereas by our laws , neither the earl now living , whose goods they are , is bound by that decree , neither ought the goods to be seiz'd or detain'd ; which the sentence of that court , now sent to your serenity , together with these letters , positively declares and proves . which letters the said charles harbord has desir'd of us , to the end we would make it our request to your highness , that the said goods may be forthwith discharg'd from the violent seizure , and no less unjust action of the said richard greenville , in regard it is apparently against the custom and law of nations , that any person should be allow'd the liberties to sue in a foreign jurisdiction upon a plaint wherein he can have no relief in the country where the cause of action first arose . therefore the reason of justice it self , and your far celebrated enquanimity encourag'd us to recommend this cause to your highness . assuring your highness , that whenever any dispute shall happen in our courts concerning the rights and properties of your people , you shall ever find us ready and quick in our returns of favour . westminster — your highnesse's most affectionate oliver protector of the commonwealth of england , &c. letters written in the name of richard protector . richard protector of the commonwealth of england , &c. to the most serene and potent prince , lewis king of france . most serene and potent king , our friend and confederate . so soon as our most serene father , oliver protector of the commonwealth of england , by the will of god so ordaining , departed this life , upon the third of september , we being lawfully declar'd his successor in the supream magistracy , tho in the extremity of tears and sadness , could do no less , then with the first opportunity by these our letters make known a matter of this concernment to your majesty ; by whom , as you have bin a most cordial friend to our father and this republick , we are confident , the mournful and unexpected tydings will be as sorrowfully received . our business now , is to request your majesty , that you would have such an opinion of us , as of one who has determin'd nothing more religiously and constantly then to observe the friendship and confedracy , contracted between your majesty and our renowned father ; and with the same zeal and good-will to confirm and establish the leagues by him concluded , and to carry on the same counsels and interests with your majesty . to which intent , it is our pleasure that our embassadour residing at your court , be empower'd by the same commission as formerly ; and that you will give the same credit to what he transacts in our name , as if it had bin done by our selves . in the mean time we wish your majesty all prosperity . from our court at white-hall , septemb. . . to the most eminent lord , cardinal mazarine . tho nothing could fall out more bitter and grievous to us , then to write the mournful news of our most serene and most renowned father's death ; nevertheless , in regard we cannot be ignorant of the high esteem which he had for your eminency , and the great value which you had for him ; nor have any reason to doubt , but that your eminency , upon whose care the prosperity of france depends will no less bewail the loss of your constant friend , and most united confederate , we thought it of great moment , by these our letters to make known this accident so deeply to be lamented , as well to your eminency as to the king ; and to assure your eminency , which is but reason , that we shall most religiously observe all those things which our father of most serene memory was bound by the league to fee confirm'd and ratify'd : and shall make it our business , that in the midst of your mourning for a friend so faithful and flourishing in all vertuous applause , there may be nothing wanting to preserve the faith of our confederacy . for the conservation of which on your part also , to the good of both nations , may god almighty long preserve your eminency . westminster , sept. . richard protector of the commonwealth of england , &c. to the most serene and potent prince charles gustavus , king of the swedes , goths and vandalls , &c. most serene and potent king , our friend and confederate . when we consider with our selves that it will be a difficult matter for us , to be imitators of our fathers vertues , unless we should observe and endeavour to hold the same confederacies which he by his prowess acquir'd , and out of his singular judgment thought most worthy to be embrac'd and observ'd ; your majesty has no reason to doubt , but that it behoves us to pay the same tribute of affection and good-will , which our father of most serene memory always paid to your majesty . therefore altho in this beginning of our government and dignity , i may not find our affairs in that condition , as at present to answer to some particulars , which your embassadours have propos'd , yet it is our resolution to continue the league concluded by our father with your majesty , and to enter our selves into a stricter engagement ; and so soon as we shall rightly understand the state of affairs on both sides , we shall always be ready on our part , to treat of those things , which shall be most chiefly for the united benefit of both republicks . in the mean time god long preserve your majesty to his glory , and the defence and safeguard of his orthodox church . from our court at westminster , octob. . richard protector of the commonwealth of england , &c. to the most serene and potent prince charles gustavus , king of the swedes , goths and vandalls , &c. most serene and potent king , our friend and confederate . we have receiv'd two letters from your majesty , the one by your envoy , the other transmitted to us from our resident , philip meadowes , whereby we not only understood your majesties unfaigned grief for the death of our most serene father , in expressions setting forth the real thoughts of your mind , and how highly your majesty esteem'd his prowess and friendship , but also what great hopes your majesty conceiv'd of our selves advanc'd in his room . and certainly , as an accumulation of paternal honour in deeming us worthy to succeed him , nothing more noble , more illustrious could befal us then the judgment of such a prince ; nothing more fortunately auspicious could happen to us , at our first entrance upon the government , then such a congratulator ; nothing lastly that could more vehemently incite us to take possession of our father's vertues , as our lawful inheritance , then the encouragement of so great a king. as to what concerns your majesties interests , already under consideration between us , in reference to the common cause of the protestants , we would have your majesty have those thoughts of us , that since we came to the helm of this republick , tho the condition of our affairs be such at present , that they chiefly require our utmost diligence , care , and vigilancy at home , yet that we hold nothing more sacred , and that there is not any thing more determin'd by us , then as much as in us lyes , never to be wanting to the league concluded by our father with your majesty . to that end , we have taken care to send a fleet into the baltic sea , with those instructions which our agent , to that purpose empower'd by us , will communicate to your majesty ; whom god preserve in long fafety , and prosper with success in the defence of his orthodox religion . from our court at westminster , octob. . . richard protector , to the most serene , and potent prince , charles gustavus , king of the swedes , goths and vandalls , &c. most serene and most potent king , our friend and confederate . we send to your majesty , nor could we send a present more worthy or more excellent , the truly brave and truly noble , sir george ascue , knight , not only fam'd in war , and more especially for his experience in sea affairs , approv'd and try'd in many desperate engagements , but also endu'd with singular probity , modesty , ingenuity , learning , and for the sweetness of his disposition caress'd by all men ; and which is the sum of all , now desirous to serve under the banners of your majesty , so renown'd o're all the world for your military prowess . and we would have your majesty be fully assur'd , that whatsoever high employment you confer upon him , wherein fidelty , fortitude , experience , may shine forth in their true lusture , you cannot entrust a person more faithful , more couragious , nor easily more skilful . moreover , as to those things we have given him in charge to communicate to your majesty , we request that he may have quick access , and favourable audience , and that you will vouchsafe the same credit to him , as to our selves if personally present : lastly that you will give him that honour , as you shall judge becoming a person dignifi'd with his own merits and our recommendation . now god almighty prosper all your affairs with happy success , to his own glory and the safeguard of his orthodox church . from our court at white-hall , octob. . richard protector of the commonwealth of england , &c. to the most serene and potent prince , charles gustavus , king of the swedes , goths and vandalls , &c. most serene and potent king , our dearest friend and confederate . samuel piggot , of london , merchant , in a petition deliver'd to us , sets forth , that he lately sent from london into france , upon the account of trade , two vessels , the one call'd the post , tiddie jacob master , the other the water-dog , garbrand peters , master . that from france , being laden with salt , they sail'd for amsterdam ; at amsterdam , they one took in ballast only ; the other laden with herrings , in copartnership , with one peter heinbergh , sail'd away for stettin in pomerania , which is under your jurisdiction , there to unlade her freight ; but now he hears that both those vessels are detain'd somewhere in the baltick sea by your forces ; notwithstanding that he took care to send a writing with both those ships , seal'd with the seal of the admiralty-court , by which it appear'd that he alone was the lawful owner of both the vessels and goods , that part excepted which belong'd to heinbergh . of all which , in regard he has made full proof before us , we make it our request to your majesty ( to prevent the ruin and utter shipwrack of the poor man's estate by the loss of two ships at one time ) that you would command your officers to take care for the speedy discharge of the said vessels . god long preserve your majesty to his own glory , and the safeguard of his orthodox church . richard protector of the commonwealth of england , &c. to the high and mighty lords , the state of westfriezland . most high and mighty lords , our dearest friends and confederates . mary grinder widow , in a petition presented to us , has made a most grievous complaint , that whereas thomas killegrew , a commander in your service , has ow'd her for these eighteen years a considerable sum of money , she can by her agents neither bring him to pay the said money , nor to try his title at law to the same , if he has any . which that he may not be compell'd to do by the widow's attorney , he has petition'd your highnesses , that no body may be suffer'd to sue him for any money that he owes in england . but should we signify no more then only this to your highness , that she is a widow , that she is in great want , the mother of many small children , which her creditor endeavours to deprive of almost all that little support they have in this world , we cannot believe , we need to make use of any greater arguments to your lordships , so well acquainted with those divine precepts forbidding the oppression of the widow and the fatherless , to persuade ye not to grant any such privilege upon a bare petition , to the fraudulent subverter of the widow 's right : and which for the same reason we assure our selves you will never admit . from our court at westminster , jan. . . richard protector of the commonwealth of england , &c. to the most serene and potent prince , lewis king of france . most serene and potent prince , our most august confederate and friend , we have bin given to understand , and that , to our no small grief , that several protestant churches in provence , were so maliciously affronted and disturb'd by a certain turbulent humourist , that the magistrates at grenoble , who are the proper judges of such causes , thought him worthy of exemplary punishment : but that the convention of the clergy which was held not far from those places , obtain'd of your majesty , that the whole matter should be remov'd up to paris , there to be heard before your royal council . but they not having as yet made any determination in the business , those churches , and more especially that of yvoire , are forbid to meet for the worship of god. most earnestly therefore we request your majesty , that in the first place you would not prohibit those from preaching in publick , whose prayers to god for your safety and the prosperity of your kingdom , you are so free to suffer ; then that the sentence given against that impertinent disturber of divine service , by the proper judges of those causes at grenoble , may be duly put in excution . god long preserve your majesty in safety and prosperity ; to the end that if you have any good opinion of our prayers , or think 'em prevalent with god , you may be speedily induc'd to suffer the same to be publickly put up to heaven by those churches , now forbid their wonted meetings . westminster , feb. . . to the most eminent lord cardinal mazarine . most eminent lord cardinal , the most illustrious lady , late wife of the deceased duke of richmond , is now going into france , together with the young duke her son , with an intention to reside there for some time . we therefore most earnestly request your eminency , that if any thing fall out , wherein your authority , favour and patronage , may be assisting to 'em , as strangers , you would vouchsafe to protect their dignity , and to indulge the recommendation of it not the meanest , in such a manner , that if any addition can be made to your civility toward all people , especially of illustrious descent , we may be sensible our letters have obtain'd it . withal , your excellency may assure your self , your recommendation , whenever you require the like from us , shall be of equal force and value in our esteem and care. westminster , feb. . . richard protector of the commonwealth of england , &c. to the most serene and potent prince , john king of portugal . most serene and potent prince , our friend and confederate , although there are many things which we are bound to impart by writing to a king our friend , and in strict confederacy with our republick , yet there is nothing which we ever did more willingly , then what we do at this present , by these our letters to congratulate this last victory , so glorious to the kingdom of portugal , obtain'd against our common enemy the spaniard . by which , how great an advantage will accrue not onely to your own , but to the peace and repose of all europe , and that perhaps for many years , there is no body but understands . but there is one thing more , wherein we must acknowledge your majesty's justice , the most certain pledge of victory , that satisfaction has bin given by the commissioners appointed at london , according to the th . article of the league , to our merchants , whose vessels were hir'd by the brasile company . onely there is one among 'em still remaining , alexander bence , of london merchant , whose ship call'd the three brothers , john wilks master , being hir'd and laden , and having perform'd two voyages for the said company , yet still they refuse to pay him his wages according to their covenauts ; when the rest that onely perform'd single voyages are already paid . which why it should be done , we cannot understand ; unless those people think , in their judgment , that person more worthy of his hire , who did 'em onely single service , then he who earn'd his wages twice . we therefore earnestly request your majesty , that satisfaction may given for his service truly perform'd , to this same single alexander , to whom a double stipend is due ; and that by vertue of your royal authority you would prefix the brasile company as short a day as may be , for the payment of his just due , and repairing his losses ; seeing that their delays have bin the occasion , that the loss sustain'd by the merchant , has very near exceeded the money it self which is owing for his wages . so god continue your majesty's prosperous successes against the common enemy . from our court at westm . feb. . . richard protector of the commonwealth of england , &c. to the most eminent lord cardinal mazarin . most eminent lord , by letters to your eminency , about eight months since , dated june . we recommended to your eminency the cause of peter pet , a person of singular probity , and in all naval sciences most useful both to us and our republick . his ship , call'd the edward , in the year . as we formerly wrote , was taken in the mouth of the thames , by one bascon , and sold in the port of boulogne ; and tho the king in his royal council , the th . of november . decreed , that what money the council should think fitting to be given in recompence of the loss , should be forthwith paid in satisfaction to the owner : nevertheless , as he sets forth , he could never reap the benefit of that order . now in regard we make no question , but that your eminency , at our desire , gave strict command for the speedy execution of that decree ; we make it therefore our renew'd request , that you would vouchfafe to examine where the impediment lies , or through whose neglect or contumacy it came to pass , that in ten years time the king's decree was not obey'd ; and employ your authority so effectually , that the money then decreed , which we thought long since satisfi'd , may be speedily demanded and paid to our petitioner . thus your eminency will perform an act most grateful to justice , and lay moreover a singular obligation upon our selves . from our court at westm . feb. . . the two following letters , after the deposal of richard , were written in the name of the parliament restor'd . the parliament of the commonwealth of england , &c. to the most serene and potent prince , charles gustavus , king of the swedes , goths and vandalls , &c. most serene and potent king , our dearest friend , since it has pleas'd the most merciful and omnipotent god , at whose disposal only the revolutions of all kingdoms and republicks are , to restore us to our pristin authority , and the supream administration of the english affairs , we thought it convenient in the first place to make it known to your majesty , and to signify moreover as well our extraordinary affection to your majesty , so potent a protestant prince , as also our most fervent zeal to promote the peace between your majesty and the king of denmark , another most powerful protestant king , not to be reconcil'd without our assistance and the good offices of our affection . our pleasure therefore is , that our extraordinary envoy , philip meadowes , be continued in the same employment with your majesty , with which he has bin hitherto entrusted from this republick . to which end , we impower him by these our letters to make proposals , act and negotiate with your majesty , in the same manner as was granted him by his last recommendations : and whatsoever he shall transact and conclude in our name , we faithfully promise and and engage , by gods assistance , to confirm and ratify . the same god long support your majesty the pillar and support of the protestant interests . westminster , may , . . william lenthal , speaker of the parliament of the commonwealth of england . the parliament of the commonwealth of england , &c. to the most serene prince , frederick king of denmark . most serene king and most dear friend , seeing it now is come to pass , that by the will and pleasure of the most merciful and powerful god , the supream moderator of all things , we are restor'd to our pristin place and dignity , in the administration of the publick affairs , we thought it convenient in the first place that a revolution of this government should not be conceal'd from your majesties notice , a prince both our neighbour and confederate ; and withal , to signify , how much we lay to heart your ill success : which you will easily perceive by our zeal and diligence , that never shall be wanting in us to promote and accomplish a reconciliation between your majesty and the king of sweden . and therefore we have commanded our extraordinary envoy with the most serene king of sweden , philip medows , to attend your majesty , in our name , in order to these matters , and to impart , propound , act and negotiate such things as we have given him in charge to communicate to your majesty : and what credit you shall give to him in this his employment , we request your majesty to believe it given to our selves . god almighty grant your majesty a happy and joyful deliverance out of all your difficulties , and afflicting troubles under which you stand so undauntedly supported by your fortitude and magnanimity . westminster , may , . . william lenthal , speaker of the parliament of the commonwealth of england . the end. notes, typically marginal, from the original text notes for div a -e * this word relates to his being a protestant not a roman-catholick . notes for div a -e * the horses which threw him out of the coach-box . a timelie cavtion comprehended in thirty seven double trimeters occasioned by a late rumour of an intention, suddenly to adjourn this parliament, and superscribed to those whome it most concernes, september , / by g.w. ... wither, george, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a timelie cavtion comprehended in thirty seven double trimeters occasioned by a late rumour of an intention, suddenly to adjourn this parliament, and superscribed to those whome it most concernes, september , / by g.w. ... wither, george, - . p. printed by john clowes, london : [ ] reproduction of original in huntington library. caption title. attributed to george wither. cf. nuc pre- . imprint taken from colophon. in verse. eng england and wales. -- parliament. great britain -- history -- puritan revolution, - -- poetry. a r (wing w ). civilwar no a timelie caution comprehended in thirty seven double trimeters, occasioned by a late rumour of an intention, suddenly to adjourn this parli wither, george d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a timelie cavtion comprehended in thirty seven double trimeters , occasioned by a late rumour of an intention , suddenly to adjourn this parliament : and superscribed , to those whome it most concernes ; september . . amicj legite ; veridicum credite , veritatem diligite . by g. w. a faithfull servant to this republik . it made a dumbe child speake , to see , his fathers life , in ieopardy : and , such a passion swells in me . to vent it , therefore , leave i crave ; for , dread of sadder things i have , then single murthers , or a grave . i find most men regardless grown , of publicke dangers , and their owne , yet , my conjecture shall be shown , that , when my words are proved trve , it may appear , i some things knew , which might have been of use , to you . birth 's , then unborn , are eight years old , since in aenigmas , one foretold , what , many , do fulfil'd behold ; and at that time , some hints had we , of things , that would attempted be , in fifty two , and fifty three . now harken , therefore , and give creed , to him , who biddeth you take heed , how , other men , and you , proceed ; that , you , together may abide , till we expedients can provide , for what is likely to betide . else , they who seeme to be your friends , may prosecute , for private ends , what , your apparant foe intends ; and , when disperst abroad you are , accomplish that , which many fear , and prove as false as they appear . for , we , who search the depths to finde : of what is secretly design'd , perceive old mischiefs , new refin'd ; which , if no powre the same prevent , will from each other , shortly rent , each member of this parliament . t' is thought , that some are gone away , to that intent ; and , that some stay , to winne the rest , their game to play : so , when you are seduc'd become , to leave your charge , and stragle home , none shall to them be troublesome . it is confessed to be trve , that , of your shippe , there are but few , to whom her pilotage is due ; and , so longe time upon the seas , it hath been tost , that , now , to these there should allowance be of , ease . yet , since the vessell ( bruiz'd and torn ) a tempest , of twelue years hath borne , and promiseth a rich returne ; beare up ; and stoutly persevere : for , your wish'd harbour , now is neere ; and , you , may speedily be there . as paul , said once , to those who saild , with him ( when each mans courage faild , and their endeavours nought availd ) so , say i now ; continve , still , within the shipp and , waite his will : who can your honest hopes fullfill . for , if your selves you shall betake , to that retreat , which some would make ; you hazzard all , unto a wrack : and , where you safetie think to find , they will ●o you prove more unkind , then rocks , or wherlpools , waves , or wind. although yourselves you must renew , before those wishes will ensue , which , your endeavours do pursue ; yet , in your weakness doth remaine , that strength , whereby , god will sustaine , and build up , what he doth ordaine . wee , therefore , justly may suspect , that , they who zealously project , a change ; will find no good effect ; till god hath ripend you , and them , to joyne more seriously with him , in building new jerusalem . or , till a dotage on those things , which brought destruction on our kings , on us , the same correction brings . for , then , of this event be su●● ; disoraer , shall disorder cure , till none remaines , that is impure . be therefore warned , and be wise ; and , what these trimeters advise , do not , disdainfully , despise : nor think , i , from good manners erre , though , i thus venture , to prefer , these lines , for your remembrancer . on your well-being , mine depends ; and , though you are not all my frinds , my love , to all of you extends : and , whil'st i have abiding heere , you , now and then , are like to heare , what i beleive , thinke , hope , and fear . you better know , then i can tell , amid'st what enemies you dwell ; and , what they feare , who wish you well . your prudence also , may surmize , what mischieves , might this land surprize , if , at this juncture , you should rise . not without cause , wee have , of late , provok'd a foe , which to this state , expresseth an unequal'd hate : and ( truth to say ) there could not be , accord twixt us , till they and wee , had meane , each others powre to see . for , selfe esteeme , on tother side , had puft them up , with so much pride , that , till by some euents we tride , what mischievs , from our emnities , vnto each , other , might arise ; we could have had no long-liv'd peace : but , they and wee , shall now perchance , know shortly , what will most advance , our weales ; and foot a better dance : meane-while , it will concern us neer , that , you should keep together , heere , and , in a well-fill'd house appeare . for , such a breach , with such a foe , and , other things , requiring so invite a speedy calling in of those , that longe have absent bin , and , make you , dayly , fit so thin . then , hence depart , not , yet , a way ; nor loose an hower , whilst heere you stay ; but , doe your duties , whilst you may . for , your short time , doth swiftly runn , and many , things are to be done , e're you , with safetie , can be gone . who can be sure ( if you adjorne , he shall not drop in to his vrn , before this parliament returne ? nay , who can tell us , that it shall , return ? or , what sad-thing , to all this nation , may meanewhile befall ? establish therefore , e're you go , some settlement ; that , we may know , what , in immergencies , to do . remember , too , what heretofore , was promis'd ; and , when you give o're , leave no man crying , at your doore . i meane , leave none , who , justly there may make complaint ; or , whom to hear , o● to relieve , oblig'd you are . at least wise , leave them so , that , they acknowledge your compassion may , and , blesse you , when they go away . your mercy , to your foes , extends . do justice , also , to your friends , on whose well-being , yours depends : for , you can neither sit , nor rise in safe or honourable wise , whil'st their complaint , neglected lies . but , who both friends , and foes can please ? or , hope , to bring to passe , with ease , such difficult-effects , as these ? yov may ; for , my good angle sings , the probable accomplishings , of these , and of much harder things . there is a day , now rear at hand , injoyned by your owne command , to crave god's blessing , on this land : and , hee , yet , gives both time , and place , to seek the favour of his face : yea , seemes to offer , his embrace . then , in your hearts , your selves prepare , ( as soone as you this warning heare ) within his presence , to appear . and , as one person , let us all , that day , before his foostoole fall , vpon his holy name , to call . so , hee , shall help , and teach us , too , what to beleeve , what things to do ; how long to stay ; what time to goe ; and , gard our coast , much better , than ▪ our fleets , and our three armies , can , o● , all the strength , and wit , of man . but , t is a hundred , tho , to one , if my advise be thought upon , till opportunities are gone : for though this age doth much approve , of revla tons from above , and , what the spirit seemes to move , yet , most are so in love with lies , and , pride , selfe-ends , and vanities so deafs their eare , so dimms their eyes ; that , such are credited by fewe , who alwayes tell them what is true : and , what this may protend ; judge you . and , judge aright of his intent , who , publick damage to prevent , thus ventures , private detriment : for , they , whom you most ought to fear , as soone as they , this cavtion heare , will either frowne , or carpe , or jeer . and , hope , to pick occasion hence , so to prevaricat the sense , that , some in power , may take offence ; to , bring upon him , back againe , ( like clouds returning after raine ) the troubles , he did late sustaine . but , hee , now forty yeares , and more , dispights , without despaire , hath bore ; and , if he live another score , shall see his foes , as he hath done . drop , yearly , hence , by one and one , till , all , who malice him , are gone . and , as their number groweth lesse , so , shall they , every day increase , who truly seeke , the publick peace : and , he , or his ; and you , or your , shall see oppressions fatall hour , and , jvstice , gaine the soveraigne powr● ▪ lord ! be it thus ; and give thy grace , to all that are in publick place , to joyne in bringing this to pass : uouchsafe them patience , too , to bear , their tryalls ; who , must suffer , here , vntill thy kingdome shall appear . a postcript ▪ t was sayd ( since forth these lines were sent ) the lately rumored intent , of an adiovrne , was not approov'd by many ; nor , in publik , moov'd : and , hee , from whome this caution came , is glad , it was a lying-fame : and , these expressions had forbore , might he have heard so much before . yet , since , just cause , that rumovr gave , of what , in these fewe leaves , you have ; since , also , there be various vses , of all , that providence produces ; some use of these , there may be , too among you , therefore , let them goe . for , when leaves fall from every tree , ev●n , wither'd leaves , in season be ; and , ( at the worst ) will serve the turne , to make dull-fires , more apt to burne . some things , do seeme ; and , are not , so : some , are ; and , thereof , make no showe . london , printed by john clowes , and are to be sould by the booke sellers in westminister-hall , and else-where finis . by the king, a proclamation declaring the parliament shall be prorogued until the thirtieth of october next england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation declaring the parliament shall be prorogued until the thirtieth of october next england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by john bill, thomas newcomb, and henry hills ..., london : . "given at our court at whitehall the four and twentieth day of september . in the one and thirtieth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. proclamations -- great britain. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation declaring the parliament shall be prorogued until the thirtieth of october next . charles r. whereas the kings most excellent majesty hath issued forth his writs of summons for the meéting of a parliament at westminster upon the seventeénth day of october next , his majesty ( for divers weighty reasons ) hath resolved to prorogue the said parliament until the thirtieth day of the said month. and doth by this his royal proclamation declare his royal pleasure to be , that the said parliament shall be prorogued upon the said seventeenth day of october , until the thirtieth day of the same month. of which the lords spiritual and temporal , and knights , citizens , and burgesses are to take notice , and order their affairs accordingly , his majesty not expecting the presence of any of them on the said seventeénth day of october , unless of such who being then in or about the cities of london and westminster , may be present at the making of such prorogation . given at our court at whitehall the four and twentieth day of september . in the one and thirtieth year of our reign . god save the king. london , printed by john bill , thomas newcomb , and henry hills ; printers to the kings most excellent majesty . . the humble petition and resolution of the county of essex (presented to the right honourable the lords and commons assembled in parliament, and read in both houses the of this present june, : with the answer thereunto annexed, and commanded by the lords to be forthwith printed and published). this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the humble petition and resolution of the county of essex (presented to the right honourable the lords and commons assembled in parliament, and read in both houses the of this present june, : with the answer thereunto annexed, and commanded by the lords to be forthwith printed and published). england and wales. parliament. house of lords. england and wales. parliament. house of commons. sheet ([ ] p.) ; x cm. printed june the for joseph hunscott and john wright, london : . broadside. caption title. reproduction of original in huntington library. eng england and wales. -- parliament. essex (england) -- history. great britain -- history -- civil war, - . broadsides -- england -- london -- th century a r (wing h ). civilwar no the humble petition and resolution of the county of essex. (presented to the right honourable the lords and commons assembled in parliament, [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble petition and resolution of the county of essex . ( presented to the right honourable the lords and commons assembled in parliament , and read in both houses the . of this present june , . with the answer thereunto annexed , and commanded by the lords to be forthwith printed and published ) humbly sheweth ; that we having with joy and admiration , observed the wife and gracious passages and proceedings of this parliament : and the pious , tender , and affectionate care of your honours , for the preservation of the peace and honour of his most excellent majesty , and these three thrice hapily united kingdomes ; represented to the world in your severall ordinances , declarations , votes and remonstrances , sufficient to stop the mouth ( if it were possibly ) of envie and malignity it selfe , cannot but with griefe and indignation wonder to heare , that there should yet be found and that even about the regall throne , such unnaturall and evill affected spirits , and malignant counsellours , who , desirous to swimme to the haven of their ambitious hopes , in the blood of their dearest friends and countrymen , doe continually instill into his majesties royall breast , a sinister conceit , and mis-interpretaion of your most humble and loyall affections , and noble actions , and undertakings . wherefore we understanding ( not by mis-information of flying reports , but ) by the late votes and declarations of both your honourable houses , that his majestie seduccd by wicked councell , intends to make warre against the parliament : that so to do is a breach of the trust reposed in him by his people , contrary to his oath : and that whosoever shall serve , or assist him in such warres , are traytors by the fundamentall law●s of this kingdome . and withall perceiving your most christian & heroicall resolutions to persist in your honourable endeavours : for the publique safety , though you should ( which god avert ) perish in the worke , wee thought it our duties humbly to represent to your honours , the faithfull affections and invoyable resolutions of our soules to stand or fall , live or die , together with you : according to our protestation . thus with our hands upon our swords , wee stand ready at your command , to performe our vowes to god and oathes of fidelity of his majesty , in taking up arms against those false flatterers , and traytors : who abuse his royall favour , intending under the glorious title of his name and standard , to fight against the peace and honour of their soveraigne , against religion , and the lawes : and to make a prey and spoyle , of three flourishing kingdomes at once : and to spend our dearest blood in the defence of the lives , & liberties of our country men ; the lawes which are the life of our liberty , and peace ; religion more precious then both ; and the king and parliament : in whose libes lie bound up the life of all the rest . whosoever is otherwise affected , we hold him not worthy the name of a souldier but a proditor of his king and countrey to all posterity . lastly finding a multitude of well affected people , whose hearts are good to joyne with us , but want arms , we most humbly crave , that restitution may be made of those armes , which were taken out of their county , either out of the store lately arrived from hull , or otherwise as to your most excellent wisdome shall seeme best . the lords answer to the essex petition . my lords have taken your petition into consideration , and receiv much contentment in the good affections you have expressed , and doe give you hearty and extraordinary thanks , thus seasonably and necessarily for the good of the king and kingdome , and of their lordships encouragement in the performance of their duty ; and my lords doe assure you , that god willing , they resolve to insist in their former declared resolutions , for the upholding the true religion , the kings authority in the highest court , which by sundry late declarations and practices to abuse the people , they find so much vilified and invaded , the priviledges of parliament , free course of justice , the lawes and peace of this kingdom , notwitkstanding any dangers and hazards that for that cause can befall them . that for the manifestation of their good affections , and their lordships kind acceptations thereof , they have commanded your petition and the answer , to be forthwith printed and published . iohn browne , cleric . parliament . this resolution was presented to the trained bands , and companies of voluntieres , who appeared at dunmow : jun. . . and was received with universall approbation by holding up of hands , throwing up of hatts , and acclamations : professing , that they held them unworthy to live , that should dislike it . and it was within three dayes after subscribed with ten thousand hands . london printed iune the for joseph hunscott . and john vvright an act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas england and wales. broadside. printed by john field ..., london : . reproduction of original in the british library. eng england and wales. -- parliament. -- act for laying an imposition upon coals towards the building and maintaining ships for garding the seas. coal -- taxation -- great britain. taxation -- law and legislation -- great britain. a r (wing e ). civilwar no an act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas. england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion seal or coat of arms of the commonwealth . march an act for continuance of the imposition upon coals , towards the building and maintaining ships for garding the seas . be it enacted by this present parliament , and by the authority thereof , that one act of this present parliament , entituled , an act for laying an imposition upon coals , towards the building and maintaining ships for garding the seas : and all powers and clauses therein contained , be and are hereby continued , and shall and do stand in full force until the six and twentieth day of march , in the year one thousand six hundred fifty and four . tuesday the two and twentieth of march , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printed to the parliament of england . . an impartial relation of john kelly's services in the victualling-office with an account of the great abuses he has met with from his opposers. likewise his necessary vindication occasioned by their report to the lords of the admiralty. kelly, john, biscuit-baker. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an impartial relation of john kelly's services in the victualling-office with an account of the great abuses he has met with from his opposers. likewise his necessary vindication occasioned by their report to the lords of the admiralty. kelly, john, biscuit-baker. england and wales. royal navy. victualling office. aut [ ], p. printed for the author, who is an advocate for the sailors, london : mdcxcix. [ ] reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. -- victualling office -- early works to . great britain. -- royal navy -- provisioning -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion an impartial relation of john kelly's services in the victualling-office . with an account of the great abuses he has met with from his opposers . likewise his necessary vindication occasioned by their report to the lords of the admiralty . london ; printed for the author , who is an advocate for the sailors , mdcxcix . the preface . honoured gentlemen , having done considerable services relating to the victualling , mr. agar being dead ( for whose memory i shall always have a veneration ) ; and it being confidently spread abroad that mr. papillion was laying down , and capt. ayles to be removed , which would have made way for new comissioners ; being sensible of my loss in the former , who had constantly given me encouragement in what i offered for the publick ; and that mr. main who was to succeed him as first commissioner would be my violent opposer . upon this i resolved and accordingly applyed my self to the admiralty ( recommended by his grace the duke of ormond ) for a settlement and compensation , for performances laid before them ; which the following prints present the reader with . their lordships sent my allegations down to the commissioners for victualling , with a command of a report concerning me , which they made , and i have publish'd from a copy granted me after it was sent up . this was soon replyed to by me , and only given in to them. i now likewise print it . paragraph to paragraph to their report , that in one single view the reader may see and judg of both . from that time mr. papillion has made me hope the gentlemen might be brought over to do me right , yea even after the lords of the admiralty had writ to them in words of a harsh sound about me , occasioned by the severity of their report . several months being spent in fruitless attendance , capt. ayles since dead , and mr. burlington were prevail'd with , by mr. papillion , upon proposals here to be seen of eminent advantage to the government , to contract with me . mr. burlington recedes and leaves me all in ruines , mr. main is what he ever was , and nothing less than a miracle can change him . the letters i likewise set forth , to shew i have used my utmost endeavours to soften them to a compliance with me : all being successless , i became desperate , as may appear by my farewel-letter , of such a strain nothing could justify it but such a treatment ; especially when at that very instant the king was abus'd in his subjects , the commissioners in their honour , and i with a numerous family expos'd to a jail and starving . who could have done more to have prevented this publication ? or who would silently perish in complaisance to such unrelenting tempers ? an account of the transactions between john kelly and the commissioners for victualling , since their coming in and his first being employ'd by them . being heartily affected to the present government , i very early devoted my thoughts to the service of it . i well knew that there might be baked in the kings ovens larger quantities of durable bisket than custom , that common plea for all that 's ill , would ever admit of ; and that the town bakers in contract required an overseer as much as formerly . i was recommended to the commissioners for the victualling by persons of so extraordinary a character , that they soon received me to regulate their own bakehouse , and to see the bakers abroad perform'd their part . in this trust i was for six months , i challenge my enemies to prove upon me the least failure in my duty . all that space i baked in my own house , and sold to the commissioners , being under the daily view of such who ( if they had found any thing to my disparagement ) would loudly have proclaim'd it . at the foresaid expiration , mr. m●ne at the board demanded my warrant , telling me , they had no farther occasion for me ; and when they had , they would send for me : which some intended they never should , as by the sequel will easily be discern'd . this was the deep contrivance of capt. bolt , whose private interest justling with the publick and mine , is the source of all my misfortunes . not long after d●●●●● was taken into my place on labourers pay , one of no judgment , and whose mean allowance might be foreseen a temptation to 〈◊〉 〈◊〉 〈◊〉 i detected : he does his utmost to blast my reputation , thereby to prevent my re entry whence i was dispossess'd . the commissioners having occasion for great quantities of bisket bought bags of me . i had just taken a new built house , which i had a prospect would prejudice my bread if it continued with me ; i acquainted the gentlemen with it , they promis'd to take it as fast as baked : this not being done , i renewed my application ; they told me the ships were not ready ; with these delays i had bags of bisket so damnified ( though very good in it self ) that it was left on my hands , which i was forced to cull , and sold to those of the trade who sold part of it to the commissioners , as i proved before them . dampness of ships spoil'd some mens bread while in the river , yet they sustain'd no loss by it . note , the sending for bisket was capt. bolt's business . at the same time two others baked horse-beans in their bread , and was accepted , by the favour of mr. mayne who sold a horse , capt. bolt who had the present of a silver-heated cain , and dodson who had l. lent him on a note , which was to be deliver'd up when the bisket went to sea. this i made out against dodson , for which he was discharg'd . thence forward such grain was made use of in bisket for the navy , as ne're had been known . mr. g. bought quarter of dammag'd pease out of the victualling-office , baked it into bisket , and sold it to the commissioners . i ask'd him how he thought to get clear of it ? he told me i might go with him and see : he buys a horse of mr. mayne , who challenges him for s. remaining for the former in my hearing . i baked bags of bisket with some pease in it , to see how they would pass from me : they were refus'd , and after six months keeping , sold by another to the office , for more than i would have parted with them for at first . the town-bakers were in confederacy to fix an extravagant price on the bisket , they knew the commissioners were in urgency for ; after all these discouragements i resolv'd to appear , and as i happily baffled their designs , i made then three proposals to the commissioners . st . to prevent mixtures . dly . to carry on baking in their own office , as afore done by me . ly . by baking in my own house the kings stuff . the latter they soon complied with me in , and contracted with me for , the two former was to be coloured over as i shall presently relate . the proposal they closed with me in , was to be defeated as far as possible . mr. mayne set himself against my payment according to contract , which mr. papillon was for , yet it was carried against me . nor did i bake what i could have baked , though i might have goods sent into me on the office credit : this was to my great injury , and the publick too , and gain to none i know of , but the purveyor . the commissioners order'd the clearing of my house of the bisket i had in it , before i baked for them ; which i did , and after sold it to them . dodson was again brought in , he survey'd it , and reports it , as handling cold ; when i came to take out my warrants , mr. mayne crys out we 'll amerce him , mr. papillon askt how much ? mr. mayne said l. per c. which came to l. dodson seem'd concern'd at it , and told me , he thought s. per c. would have been as much as they would have laid on it . this was the first amercement ever was made , as i knew of ; and by mr. mayne's good will it should be the only one , as will appear by an article in the report about amercement , which was what he openly express'd at the board against me to have brought them off ; which taking air the bakers petition'd for remission , but mr. papillon resolv'd it should not go unpunish'd , and carried it . the commissioners ship'd great quantities of bisket for the streights there was sent to sea as i proved upon dodson by three witnesses such bisket it was ashame it should pass ; upon this he was again thrown out , mr. papillon declaring he must never expect to be imployed more in the office. for all this the commissioners accepted not of my two former proposals till some time after , as the succeeding papers will manifest . i 'll put an end to this account , acquainting only after all the services my reply to the report will make out , with the brightest evidence , at the moment it was rumour'd mr. papillon had resign'd , there having been a drip in my house that had damaged some cakes ; the whole lost of bisket , was given out for such to capt. ayles , which he so resented , he resolv'd i should turn out before himself , so forbid me any more meal . this inspiration from the father of lies was to render me odious to the new commissioners , mr. maine to be chairman . while my enemies were flusht with this imaginary victory they flatter'd themselves they had obtain'd , and looking on themselves as rid on me forever . the almighty patron of the oppress'd infuses new courage into me ; and bold as innocence i attended the duke of ormond with my case , who was nobly pleas'd to send me in his great name to the admiralty ; to whom i presented what follows . i must only detain the reader while i do justice to their lordships , for their most obliging reception of me . i should be guilty of the blackest ingratitude , did i not make an honourable mention of what was so deserving it . i return likewise the gentlemen of the navy my acknowledgment for their dispatch in my affair . how pleas'd should i be to celebrate the praises of those , whose goodness has been flowing to me , while i 'm all in torture now , i am forc'd to appear a rude ill-natur'd satyrist , in making the iustest reflexions on those who have been otherwise . the case of john kelly of st. pauls shadwell , his majesty's bisket-baker , and supervisor of the victualling-office on tower-hill . i. that the said john kelly for many years hath followed his calling of a bisket-baker , but in november , the commissioners for victualling the navy contracted with him wholly to serve the king , and to quit all merchants and other services , and to bake all he could in his own house on wapping-wall , and make it of the king's stuff , which he did perform with all faithfulness according to his contract . ii. that being zealous to serve his majesty and his seamen , and he did in several letters inform the said commissioners , that other bakers who were in contract to deliver bread made all of sound and sweet wheat at a certain price , did defraud the king , and abuse the seamen by mixing meal made of rye , barly and pease , which would not keep any considerable time water-born , nor was wholsome for the seamen . iii. that such practices was the occasion that so much bread was so frequently return'd , and particularly betwixt november , and may , vast quantities were return'd at one time , for which the king paid s. per c. and was sold for s. per c. and there went away as good bread with it for want of being cull'd , as the king gave s. per c. for at that time ; and i did propose a method to the commissioners to prevent such evils ( as had long rain'd ) for the future ; provided they would empower me so to do , and that i was inform'd by r. s. that some part was sold to the transport-office for s. per c. and some to newfound-land for s. per c. by r. b. iv. that the th of may , he receiv'd a warrant under the seal of the office requiring and impowering him to supervise all the bakers in contract with the office , and to inspect what stuff they made their biskket of , and if not according to contract to report the same in order to their abatement and punishment . v. that in the beginning of july , the commissioners being in a great strait for want of bread , the bakers understanding it , they would have imposed upon them as to price and payment . i acquainted mr. mitchell how they might raise more bread in the office , and my house , by setting the ovens to work night-work , which he acquainted the commissioners with ; upon which i was sent for to the board , and was order'd to do as i proposed ( being introduced by mr. green into the bake-house ) which i so well perform'd , that they baked there , and at my house , a sufficient quantity of bread from the king's stuff . vi. that kelly pursuant to the warrant to him directed , did inspect the bakers in contract , and through many difficulties did discover such notorious abuses in their mixing undue grains with wheat , that the commissioners amerced of them in proportion to their offences . vii . that kelly acquainted the commissioners , that he had consider'd of such methods that would save the king thousands , and to have always good and wholsom bread ; and in order thereto did propose that his majesty should purchase mills and grind all their own wheat that they made into bisket ; by which all frauds and abuses to his majesty's subjects , and losses by bad bread , which had for many years been practiced would utterly cease ; and accordingly kelly did further propose the purchasing mr. mayhew's mills at rotherhith , which upon survey of kelly , he found it accommodated with four pair of stones , and all other conveniences ready fixed with large grainerys , and a killn for drying of wheat , in order to dress their flower , which will make it keep three times longer at sea than without drying . viii . that the king with those mills might grind quarters of wheat , a week , which is as much as would supply the victualling-office and the said kelly's house , and be a sufficient supply , and likewise prevent all the mischiefs that have hitherto attended the buying of bisket , and that none is used in the bisket they buy for the navy . here follows a copy of the letter sent to the commissioners , upon which they granted me their warrant . henoured gentlemen , may the d . once more i must give you to understand , that i see daily abuses put upon you by one and another , in a meer combination to distress you as much as they can , without any restraint . i am the butt into which the arrows of their malice are shot . i have laboured to open your eyes , but you seem as tho you had no eyes ; i assure you , you have not the same goods you buy , so that the government pays for that it has not , and the subjects abused by it , who will reflect on you . nothing is more common than to sell you by sample that which you have not in parcel . i am sure there is s. per quarter difference in some sort of goods that come to me ; and you buy bread to be made of good wheat , whereas 't is made of barly , rye and pease , and coarse midlings , which makes bread four shillings in the hundred worse than you buy it for . this i can make appear , and will when i am impowerd from you , but not before . i can save the government much more than l. per ann. as i have said i could . pray gentlemen take me right , and don 't do by me as you have formerly . i have done my duty as a faithful servant , and i 'm sorry my h 〈◊〉 〈◊〉 e been bound behind the back of my indeavours . i 'll assure you 〈◊〉 will not credit this , it shall be the last i shall trouble you with . 〈◊〉 〈◊〉 , gentlemen , your humble servant , john kelly. by the commissioners for victualling his majesty's navy . whereas information hath been given to us , that several of the bakers , that contracted to deliver bread for his majesty's service , all made of good sound sweet wheat , have notwithstanding contrary to their said agreements , put in meal of rye , barly and pease , which may be very prejudicial to his majesty's service , and the health of the men. these are therefore to require , and impower you to visit the several bakers that bake bread for this office , and to examin what stuff they bake their bisket of , and to give information to us when you find any abuse , that upon examination thereof , such abatement may be made , or such other courses taken , for the punishment of the said abuses , as shall be directed according to justice and equity . dated at the victualling-office , london the th of may , . to mr. john kelly , these . tho. papillon . simon mayne . j. barrington . this letter was sent to the commissioners after the reception of their warrant . honoured gentlemen , june the th . in pursuance of your warrant to me directed , wherein you impower'd me to visit the several bakers in contract with you , which accordingly i have , and do find your honours very much abused by the generality of them , as will appear by the stuff and bread they bake , which i can produce , and will when you order me . i do not know how to proceed any further , till you have seen what has been made thus far . i doubt not but your honours will see a necessity for an alteration , or else you cannot be safe in what you buy to send abroad , if it be water-born any considerable time it will not hold , and that 's the reason you have so much return'd bread , because the nature of the stuff will not hold , it being made of rye , barley , pease , coarse midlings and some wheat , more or less , in the most of the bread i have seen you have . i remain your honours humble servant john kelly. their answer was , that they had so much occasion for bread at that time , that they order'd me to refuse none but what was mouldy ; and that they would take another opportunity to treat with them that offended . honoured gentlemen , may the th . i have obeyed your commands , in comparing the produce of your meal in the office with that in my house , and they both yield but poorly ; how far they agree , wherein they differ , and why they do so , mr. green ( who has the account ) will acquaint you . i am sorry to see you so far abused as you have been and are ; do hope you 'll strengthen my hands , who can by power from you not only prevent these for the future , but may do that which was never perform'd , nor i believe can be exceeded hereafter , in that which i profess to undertake . as i have left all business to serve the government ( under you ) so i would fain do it , not by keeping you in the dark , but by bringing hidden things to light , carrying on the working , grinding and baking your wheats , that you shall clearly discern wherein they differ , whether in kind or grinding ; that ye may know a true estimate of the produce of any parcel of meal , or meal and midlings , whenever you require it ; whereby you may know the prime cost of the bread to the king. if your honours would amerce the present wheats , which ye are sensible vary so much from what you bought them for , with submission it seems equally just to amerce wheat as bisket , and perhaps may be the best way to deter from such practises hereafter . your accepting or refusing this motion , as well as reward for what 's past , i willingly leave to your wisdoms ; and do remain , your honours most humble servant , john kelly. this letter was sent in obedience to the commissioners commands , after i had lent the bags of bread , for which i took receipts , as follows . i promise to deliver unto mr. john kelly , or his order , two hundred bags of bisket , for the use of his majesty's navy , containing one hundred and twelve pound each bag. witness my hand , this fifteenth day of december , richard salter . i promise to deliver unto mr. john kelly , or his order , two hundred bags of bread , for the use of his majesty's navy , containing one hundred and twelve pounds each bag. witness my hand , this fifteenth day of december , . edward lodge . these two letters were sent to the commissioners , in relation to the taking mills , and the advantages that would accrue thereby . honoured gentlemen , may the th . i have made several essays in my way to serve the government , and for the most part i have been unhappily understood and bauk'd ; however , seeing there is one way more very providentially falls out , and perhaps 't is the greatest from me of any . i know a person that has mills , with large grainaries , four pair of stones , with all moveable conveniencies , which he 'll let the king have for two hundred and fifty pounds , the standing rent is l. per ann. and there is as much to be let as will yield l. per ann. so that the standing rent will be l. per ann. these mills 〈◊〉 quarter per week , if fully employed , which is as much as the office and my house can bake in that time . the toles thereof is bushel , which at s. per bushel , is l. s. per week , and at s. per bushel , as it is now currant is l. per week . these mills at the utmost cannot stand the king in more than l. per ann. 't is certain this will be of great advantage to the king , if you do but compute it according to what wheat has been , and must be spent in the office and my house , besides the innumerable evils and chargeable practices ; this very thing will prevent too many here to be enumerated . the sense you have of the whole i wait for , and am your honours humble servant . honoured gentlemen , may the th . the other day i hinted the great profit in taking mills for the king's use , if it needs urging , i can do it from the many abuses it will prevent , and the bare naming them , i am perswaded will be enough to satisfy you . i. by those that sold you wheat , who have not deliver'd the the same according to sample into the mills , nor have sent in the full quantity which they have sold at that time , and yet the millers have given a receipt for the full proportion of what has been order'd them to receive , and has taken a note from under the factors hand to make good the full complement . ii. another great evil was your sending your wheat to so many mills at such distances , and has been proved upon some of the millers to have gone there good , but have come home bad , besides the power of sacks you have lost every year ; these have been reigning evils along time : when they began i doe not know , but hope you will put an end to them now , by setting up a better way for the publick good , and your honours . what i have said is true , and not to be slighted . if it be demanded , that seeing these things are so momentous , why 〈◊〉 not let you know them sooner ; to that i will return these two answers . st . that i have met with so much opposition in lesser matters , which yet were as true , that i have been afraid to meddle with so great a one . dly . for me to discover those evils that were in such high practice , and which could not be removed by a bare discovery . i thought therein i should have done more hurt than good ; but now when such a singular opportunity is put into my hands to cut off all these , and without which you can never do it . i was encouraged to present it to you , being your humble servant , john kelly. the commissioners report to the lords of the admiralty , in relation to his petition and case , together with his reply to them , and what is since added . honoured gentlemen , we received your honours letter of the first of august last , accompanying the petition and case of john kelly , calling himself his majesty's bisket-baker , and supervisor in the victualling-office , transmitted to you from the right honourable the lords of the admiralty , which you send us , and desire us to inform you what we know of his allegations , and whether we think it fit for his majesty's service to continue him as he desires , with such other matters as we should think proper for their lordship's knowledg . we have for some time deferr'd the answering your honours said letter , in regard of the absence of some of our board , desiring that the said matter might be examined in a full board , which having now been done , we crave leave to acquaint your honours with the state of that matter . report . we cannot allow of the title he gives himself of his majesty's master bisket-baker , and supervisor in the victualling-office , nor that ever we contracted with him wholly to serve the king , and quit all other services . honoured gentlemen , i beg leave to reply to your honours report , whereby i intend to set things in a clearer light before you . the title of master-baker i 'll drop , but desire to be your humble remembrancer , that mr. green by your verbal order , introduced me into the office of inspecting your own bakers , who ever since have constantly observed my directions , and in particular my commanding them night-work , whereby more bisket than ordinary being raised , it occasioned the town-bakers who were then caballing to advance their price , to lower it ( as capt. bolt then own'd to me . ) i sometime after put things into such a method , you might always be ascertained of the actual produce of bisket from meal , whereby you might discover the quality of the stuff ( which before had a cloud cast over it . ) i discovered likewise the excessive charge you were at in repair of your ovens , and would have demonstrated , by what might have been done for the future , the shameful management for the past . i add , i would have ordered the dressing your bran to a considerabler advantage than at present : i offered it , but it was neglected , as was likewise the dressing your own flower . i do not see how a master-baker becomes so unallowed a title , when a master-cooper is so granted a one ; in baking there seems to be more of mistery , and so one to guide and govern it seems to be as necessary : and names are only for distinction . i once oppposed capt. bolt's judgment , recommending such stuff to be baked into bisket , to be sent with capt. warren to the indies , as i am certain would have fail'd , and preferr'd other which lasted the voyage out and home , as i received account from mr. edward wilks clerk to capt. warren . as to your signifying your not contracting with me wholly to serve the king , i with due submission rejoin , the very nature of the thing implies it ; otherwise i might have been under continual suspicion ( blow up by those whose interest it interfer'd with ) of changing the king's goods for worse of my own , having no eye of yours over me , i suppose because you knew me only employ'd for the king , therefore there was none . i add , my former papers puts this out of doubt , relating such circumstances about it i shall neve forget . report . it 's true that the th of may , having information of the abuses of some bakers then in contract , we did give him a warrant to visit and examin with what stuff the several bakers we were in contract with did bake their bread , and wherein he found abuse to give us an account thereof , and at the same time we did imploy him to bake bread for his majesty's service , and furnished him with stuff for the same rate of s. per c. weight , for his care of inspecting the other bakers , he demanded no allowance in regard he was imployed by us to bake bread himself . the said kelly in answer to the said warrant , did give information against several bakers ; and upon hearing and examining the matter , there hath been between and l. stop'd and allow'd for the abuses they had been guilty of . the said kelly's informations being not given unto our board , until the bread was deliver'd and gone . we knew of no expence of time and money that the said kelly hath been at , otherwise then before exprest , nor ever understood of any contrivance he made for the retrenchment of the charge in the office , or that he expected any compensation or salary for his service , otherways than the due payment of him for the bread he baked . reply . i was above a year in baking for you , before i prov'd upon dodson his connivance at the bakers , for which he was a second time discharg'd ; soon after you gave me a warrant to the purpose you express it . mr. agur gave it as his sense at the board , and none of you contradicted it , that half of the amercement should be my encouragement . i am ready to give oath i made complaint against them with all imaginable candor , to avoid the clamour i expected upon it . the receiving of the bisket mulcted by them was by the appointment of the board , notwithstanding mr. maine's asserting differently . mr. agur had the several samples at delivery handed to him , by mr. warren who is ready to attest it . i could never have imagined your honours could have thought all the fore-mentioned services to be done , only for the good done by them , or that it could be expensless , or that i would create legions of enemies only for the pleasure of engaging them . i add , i had a salary for executing my former warrant , though i baked my own stuff , and might have gain'd sufficiently , as all did except my self , for the reasons before-given . report . that whereas he suggests in the third article in his case , that quantities of return'd bread from the ships of war , were sold at s. per cent. and afterwards by the person that bought it , sold to the commissioners of the transport for s. per c. &c. all the contents of the said article ( except only that the said defective bread was sold at s. per c. ) is altogether false and scandalous , and upon the examination in his own presence , all the said particulars hath been own'd by him to be utterly false , and all his pretences of excuse , asserting such untruth , was that some body or other told him so . reply . as to the return'd bisket sold to capt. clerk , he frankly own'd the culling it ; but said it came to a bad market . william railton one of the furners , justified some of it as good as what you bought , which was no great credit to the purveyor . i add , what i said about selling to the transport-office , which is so aggravated , i had it from r. s. i invented it not , nor ever design'd to scandalize you by it , but to expose the buying of no better bread than sold for damaged . they report . we own it to be true , that the said kelly did inform them of the mills at rotherith were to be sold ; and that it would be for the king's service to buy the same , to prevent the abuses that had been formerly committed by the millers ; which we upon consideration , hoping it might prove to his majesty's advantage , did apply to the right honourable the lords of the admirality , for their lordships direction in the case ; and upon their lordships approval , did buy the lease of the said mills : we think mr. kelly therein did a good service , but we never heard that he expected any bounty for the same . reply . for the mills which providence proposed i laid hold on , and your honours embraced , as the great remedy for so many evils the office laboured under ; to your fame be it spoke , with a generosity worthy of you : you despised all the artifices made use of to hinder your taking of them . and my possessing my self of mahew's papers somewhat contributed to . i pay you , gentlemen , my sincerest acknowledment for owning me as an instrument about them . report . as to the prayer of his petition , that he might be continued master-baker in the victualling-office , and impowered supervisor of all dry provisions , &c. we crave leave to certifie your honours , that we cannot think him a fit person for such a trust , not only because before he was imploy'd to bake the king's meal , when he was in contract for delivering of bread , we found him as culpable as any of the other bakers ; but that also since he was imploy'd to bake for the king , he did dispose of bags of bread for his own use , for the payment of his private debts , without the knowledge or allowance of the board , and in a time when there was great scarcity of bread for their service ; and though the same hath since been supplied by other bread , which was not so good as that of the king 's ; yet we humbly conceive , a person that hath been guilty of such a breach of trust , and in a time when the king's affairs might have suffer'd exceedingly for want of the bread , is not fit for such an employ and trust as is in his petition desired . we are , gentlemen , your honours most humble , &c. reply . i come now to the concluding paragraph about my contrivances , &c. i pray with more fervency than ever , that since i have acted so ( as the paper demonstrates ) for the common good , you would not suffer me , as you are gentlemen , and more as you are christians , to fall into ruin , to the triumph of those that hate me , and the disheartning all who shall serve the publick against the selfishness of them that oppose it . as to your representing me as unqualify'd , from undue baking whilst in contract , it should seem more an objection against using me formerly , than at present ; and what gave satisfaction then , will , i trust , continue it now . though i must needs say , that eye was sharp as an eagles , that could disern pease in bisket while it was mine , and therefore rejected it ; and as soon as it came to be mr. 〈◊〉 became blind as a mole ( or the pease vanished ) and accepted it . the bags of bisket disposed of by me , was such a fault , nothing less than necessity can apologize for : but your honours have been misinformed about paying my debts with the sale of them . i have their note to shew it otherwise : as it is not out of your power , or unreasonable to forgive it , seeing it has been made good ; so let it not be against your inclinations , but let my services , with the state of a poor family in the depth of misery , move your compassion ; and may i upon a second commission of that kind , fall under the severest justice , as now i hope to become an object of your mercy . and so remain , your humble servant , john kelly. i add , i assume the boldness to assert , i have abundantly refuted your charging me , when in contract , with delivering as bad bread as others ; i wish both that and what i have returned to it , had never seen the sun. the services about the mills alone in the full extent of their usefulness , are of that consequence , the consideration of them might have prevail'd with you to have buried the lent bags in everlasting oblivion : i must be free with you , gentlemen , you had no other way of intercepting the lords of the admiralty's bounty to me , and preventing their settling me ( upon petitioning them ) according as i requested them , but with blackening me with that unhappy fact. i am sorry for you , that your prejudices should not rest here , and tho' i have declined the matter of my petition , and only crave to live by serving the government , and that only because i can live no otherwise , having disoblig'd almost all others , by my serving the government in opposition to them . i must be deny'd this , though i give in security ; and nothing will satisfie , but to abandon me to all that is miserable , as if i had been one of the vilest of criminals . the touch about bisket supply'd , being not so good , i can only say to it , captain ayles might have refused it , i could have compelled them to send in better , as i might sooner , had i known your scarcity , the notes running to answer it on demand . i cannot take my leave of the last article , ( that gives such a wound to my reputation , i and all mine are threatened to bleed to death by it ) without making two observations upon it . first , as to what you term the prayer of my petition , my answer to the first article , and the amercement ; i think , clears it up to a demonstration , that my conduct has been unexceptionable in both parts ; and that is more than i shall grant that of my adversaries to have been . secondly , neither can that far fetch'd argument against me , nor your nearer ones ( all so weakened ( as i humbly conceive ) by my reply to them ) i verily think , conclude against me even in that , unless my faults , different from all mankind , admit of no extenuations ; and what would be a vertue in others , is demerit in me . much less for ever to shut me out of employ under the king , when i have given in security . the account of the first years work , wherein i was concerned in buying part of the goods . .   nov. . to meal , for qr. bought of mr. holloway s. per qr. decem. . to ditto for quart . of the said holloway . at s. . to midling , for quart . bought of geo. hubert , at s. decemb. . produce , by bisket bread bags jan. . delivered , by providence-hoy , james pearse master , bags . ditto . deliv . by a hoy called the william , w. phillpot master , bags . & .   decem. . to meal for quart . bought of mr. holloway at s.   to midling for quart . of geor. hubart . at s.   to midling , for quart . bush . of geo. staples , at s. januar. . produce , by bisket bread bags . januar. . delivered , by william hoy , phillpot master , bags . . deliv . by the william and thomas , john long master , bags .   deliv . by the friendship , bags . januar. . to meal , for quart . bought of mr. holloway , at s. . produce , by bisket-bread bags . . deliv . by the william and thomas , john long master , bags .   deliv . by the. hermond , bags . januar. . to meal , for quart . bought of mr. holloway , at s. febr. . produce , by bisket bread bags . febr. . deliv . by wherry for the william and thomas , bags . . deliv . by the success , j. sauly master , bags .   deliv . by wherries in punchins , bags . march . deliv . by the james hoy , john litchfield master , bags . i would have given you the whole of the deliveries , but it would have been too large for this book , as well as too chargable for me . this i think is sufficient to shew my method , and the constant attendance of me and my servants . febru . . to meal for quart . bought of mr. holloway , at s.   to midling , for quart . bush . of mr. broxwel , at s.   to midling , for quart . bush . of mr. holloway , at s.   to midling for quart . bush . of mr. meagor , at s.   to medling , for quart . bush . of mr. tho. clark , at s.   to midling , for quart . bush . of mr. hubbart , at s.   produce , by bisket bread , bags . march . to meal for quart . bought of mr. holloway at s.   to midling , for quart . bush . of geor. hubbart , at s.   to midling , for quart . of mr. holloway at s.   to midling for . quart . bush . of meagor , at s.   to midling , for quart . bush . of tho. clark , at s.   to midling , for quart . bush . rich. rountree at s.   produce , by biket , bags . may . for meal , quart . of mr. holloway at sundry prices .   to meal , for quart . of mr. moore , at s.   to midling , for quart . bush . r. rountree . at s.   to midling , for quart . bush . ditto rountree , at s.   to midling , for quart . bush . edw. davis at s.   to midling , for quart . bush . ditto davis at s.   to midling , for quart . bush . james kenfield at s. d .   to midling , for quart . mr. geor. hubbart , at s.   produce , by bisket bread , bags . june to meal , for quart . bought of mr. holloway at s.   to midling , for quart . bush . of ja. norwood at s.   to midling , for quart . bush . of mr. holloway at s.   produce , by bisket bread , bags . .   july . to meal , for quart , bought of mr. holloway at s.   to midling , for quart . bush . bought ditto holloway at s.   to midling , for quart . of holloway or rich rountrees s.   to midling , for quart . bush . of edw. davis s.   to midling , for quart . bush . mary tillard s.   produce , by bisket bread , . july . to meal , for quart . bush . at s.   to midling , for quart . bought of mr. gallaway at s.   to midling , for quart . of mr. bedwel , at s.   to midling , for quart . bush . of mr. davis at s.   to midling , for quart . of mr. holloway at s. septemb. . produce , by bisket bread , bags . septemb. . to meal , for quart . at s.   to midling , for quart . bush . of mr. holloway , at s.   to midling , for quart . bush . of ja. norvood , at s. d. october . to midling , for quart . bush . of jos. shepard , at s. october . produce , by bisket bread , bags . honoured sirs , october the th . i have delivered the account of the two last parcels which have been in hand since the d . of july , the neat produce of the former , was bags of bisket at s. per bag , and the other bags at s. per bag , i could have baked twice as much in the time or more ; and considering how cheap i work , and the great charge i am at , it 's hard with me , for want of money for what i have done , as well as for want of what i could have done ; so that set my working time and my playing time together , i have got nothing by serving you this year , for i have three ovens which draw and a half per shute , which comes but to s. and the wood and wages of that is s. d. whence it appears my profit is very small , to pay house-rent and taxes , and maintain my great family , for whom i have no other way to get bread ; having , as you know , thrown off all my other concerns ( as you oblig'd me ) to serve the government , which has created me many enemies , who labour industriously to overthrow all my endeavours , which is to me a great trouble , and especially from those who should have been one with me : they are the great tools made use of by my enemies ( within ) though , i thank god , they cannot charge me with the least unfaithfulness to my trust , and all the former i could much better bear , had i but the countenance and encouragement from your honours , as my readiness and fidelity might obtain , were not your honours possess'd with contrary sentiments , all which , i hope , time will change into favonrable ones concerning your honours most humble servant , john kelly. note , the commissioners contradicted not my asserting throwing off all my other concerns , as they obliged me , &c. the first of that kind i met with in the report . honoured sirs , february the th . i am constrained to give you the trouble of these , because your delays to pay me my wages for my last years work , lays me under such necessities , that i can no longer stand under the same , unless you pay me . what i have done , is cheaper than any other man could do it , or than it is done in the office by per cent. from november , to november ; and if you please to compute it , you will find it so , or pretty near it . one thing more i can prove , that if you would have let me bake what i would have baked from june to november last , i had saved the king per cent. of what you give now ; which is l. s. on the bags of bread which i could have baked more than i had . the meal , &c. to have made it of , i could have had of such as would have credited the office at that time , which are as followeth ; mr. francis hollaway , mr. george hubart , mr. megar , mr. edward davis , mr. james norwood , mrs. mary tillard , &c. for the truth of what i say in this particular , please to review your own agreement with mr. hollaway , september last , for quarters , as it stands in your minute book , and 't will appear true ; all which , when entertain'd in your honours serious consideration , undoubtedly will prevail with you to take some effectual course for my payment , and further oblige your honours most humble servant , john kelly. honoured gentlemen , february the th . i conclude by your carriage to me , and your not paying of me according to contract , that you think i get greatly by baking for you ; if i had been fully employ'd all the year , i could have cleared about l. per annum . i have acted with that plainness and clearness in my accounts , which proves me to be otherwise than was thought by some of you when i first proposed this undertaking , and others which was then offered ; which would have been as advantageous to the government as this , and altogether for the saylors good : i know the suspicions which some of you have of me , were suggested to your honours by some in your office , as well as without , whose interest these proposals of mine interfere with , and some of them have been heard to say , that they had better given me a thousand pounds , than i should have done what i did , for it was , and it would be , much out of their way . gentlemen , i hope you will not take my addressing you amiss , for is there not a cause ? i find you slight me , and all i do for you , as if i were not faithful to you , when no man could have done more to serve you than i have ; i have obeyed your orders punctually , have given you an account justly , have been diligent in finding out all irregular practices that were prejudicial to the subject , or reflect dishonour on you : i have spent both my time and money to serve you , and had i had the incouragement i deserved from you , things might have been so managed , that none of your successors should be able to find fault in these species : i humbly remain , gentlemen , your faithful servant , john kelly. it was not my first intention to print the transcript out of the books , and the three letters that accompany it , which i am sensible in the order of things should be in another more proper place : but this being an after-thought , i must acquaint you they have a double face , looking backward and forward , and are so serviceable to my main design , i cannot without injury to my self omit them . first , the transcript proves what i assert in my foregoing reply to the the commissioners , that i was employ'd by them in baking , long before they gave me the warrant they specify the date of , viz. may . i leave it to all who are impartial , whether love of trouble and fierce opposition only , could be a reasonable motive to pay further services to the government , without respect to the rewards of it ; i am sure i cannot pretend to so elevated a vertue , and never thought any would have fastened it upon me . secondly , they show from the ample produce the goodness of the stuff then used ; which failing afterwards , the then accomptant mr. lillburne , since deceased that examined it , finding the same deficiency in the king 's own bake-house . it a wakened to the consideration of the abuses at the mills , as the true causes of it , which made way for the purchasing of them , and like a torrent bore down all arguments against them , and will be a standing demonstration the victualling-office can never be without them . lastly , they with a glance of the eye discover the frequent compleatings of parcels , and the natural consequences to me seems my payment ought to have kept pace with them ; and that they did not , i feelingly express in my letters , where i likewise manifest i might and ought to have had constanter work , for the publick advantage and my own , which evinces what the last page will present you with about my losses : all men will easily be satisfied the prepossession against me was long before the bags , and guess at the quiver whence so many arrows have been shot at me ; though i am certain the government has been wounded through my sides . a letter to the board . gentlemen , i with profound respects to your honours , and equal sincerity , express'd my self in words you ordered minuting , and ever since with a patience only heaven could inspire me with , have been echoing to them . were your generous natures sensible of half my sufferings , they long e're this had period put unto them . i 'm pleas'd with nothing more , than the proposal now before you ; wherein no man's interest is interfer'd with ; the king 's secur'd , and i not nam'd . this carries such demonstration with it , i presume to believe , were proper for their lordships of the admiralty's cognizance , that they would approve it , as i humbly suppose your great judgments do . and yet at the same time , out of the abyss of misery i court your affection , to a speedy embracing it . my case look'd on as desperate , and reported such as to your office , reach'd the ears of some who about a week since , engaged me on saturday next to meet them , in order to the transmitting it to the parliament . i wish and heartily entreat your honours to prevent that assignation . by such benificence you will disperse the clouds have so long hung ore a distressed family , give light and life unto them , and your selves taste surely the satisfaction the divnity it self is bless'd in , viz. that of being and doing good . illustrations . first , the words minuted were , that my design was to serve the government , in doing what might be to their honour . secondly , by no mans interest interfered with ; i had an eye to the small-coal and bran , that they should be disposed of by the usual hands , i designing only their frequent payment of that money to me for my present supply : and my modesty was such ( the lords having writ concerning not employing me as master-baker and supervisor ) i proposed the contract might run in another name . thirdly , my invitotion to parliament was fact ; supposing it such , could it have been expressed softer ? upon this letter mr. barrington and capt. ayles told one , who immediately imparted it to me , they thought they should comply with me , mr. papillon being for it : without this intimation i had gone up according to the appointment . the proposals of john kelly. the third of april last , i laid before the commissioners the advantage 't would be to the king , in employing my house in baking the overplus of what their mills could grind , over and above what they could bake at their office. i. that 't is more consistent with the interest of the government , to employ my house with your office , because your office cannot bake all the bread you have occasion for , as appears by your buying bread. ii. your office cannot bake all the wheat your mills can grind ; therefore the mills do not answer the ends for which they were taken for . iii. the mills will grind as much wheat as your office and my house can bake in a week , and therein they fully answer the end for which they were taken for . iv. the tolls of the overplus of what the mills can grind over and above what the office can bake , will come to ten pounds a week , which will pay the rents of the mills , and the servants wages belonging thereto . v. that i will make bread of all wheat , as cheap to the king ( all things considered , and far better for the subject that eats it ) than that which you buy of the bakers and mealmen , made of barley , rye , and midlings of bran ground over again , which is improper for the navy's use , and contrary to your instructions . vi. the employing of my house has been of great advantage to the government , it being a check to them that sold bread to the office , who would have made greater advantage to themselves , had it not been for me ; and likewise that i gave them to understand the true produce of the stuff i received , made out ; and what the bread laid the king in , clear of all charge . upon these articles i founded these proposals . first , to give security to satisfaction . secondly , to bake the stuff for eight shillings the quarter . and , thirdly , to be paid quarterly , and that the money that ariseth from the bran and small-coal weekly , be paid to me , from the hands of them that receive it , and to be discounted out of the eight shillings per quarter . april the th the commissioners sent for me , in pursuance to my proposals , upon which we entred into contract : the commissioners present at the contract , was , mr. thomas papillon , mr. humph. ayles , mr. john barrington . the contract is as follows , ( viz. ) april the th . the commissioners are content to employ mr. john kelly , for baking of bisket at the price of eight shillings per quarter , and that the money that shall be weekly received for bran and small-coal , be paid to him on account , to be cleared and made up ; and that he give security to satisfaction for the faithful performance , and that he will not sell or dispose of any of the king 's goods , and will make good the money he shall receive for the small-coal and bran upon account . this is a true copy of the contract taken by mr. charles mitchel , secretary to the commissioners of the victualling . and i have fully comply'd on my part , which was to give security to satisfaction . a letter to mr. barrington . sir , i had but one plank left to escape shipwrack by , and that was the commissioners contract with me . — transported that i had any thing to offer my creditors , i immediately founded an instrument on it : the fairness of which prevail'd with them to a compliance with me . without it i had been remanded to a goal , and children , and a wife big with another , had all perish'd . i am stab'd to the heart to find fresh differences to arise among your honours about me . by all that is gentle in human nature , and merciful in the most charitable religion in the world , be won over to mr. papillon's sense of that expression of the lords of the admiralty concerning me , should it be a mistaken one , all that shall hear of my deplorable circumstance , would applaud and justify you in it . and give me leave , sir , to hope your goodness may carry you so far , as to influence even mr. mayne to the same nobleness of spirit with your self : this would be heroick . may he that has the hearts even of kings in his hands , affect both yours with a case , one of the most compassionable the heart of man was ever address'd to withal . may you both resemble the best of beings , in giving and forgiving , is the prayer of your humble supplicant and servant , john kelly. noverint vniversi per presentes nos , johannem ke lly , de parcch st. pauls shadwel , in com' mid ' pistor ; georgium hubbard , de paroch ' hillington in com' mid ' millar , & thomum goldsmith , civem & mason de london , teneri & firmiter obligar ' dom ' nost ' guilielmo tertio , dei gratia angliae , scotiae , franciae , & hiberniae rex ; fidei defensor , &c. in mille libris , bonae & legalis monetae anglia , solvend ' eidem dom ' nost ' guilielmo tertio dei gratia , aut sic certo attornet ' successor ' vel assignat ' suis , ad quamquidem solutionem bene & fideliter faciend ' obligamus , nos & quemlibet nostrum per se pro toto in solido , hered ' executores & administratores , nostres & cujuslibet nostrum firmiter , per presentes , sigillis nost ' sigilat ' dat' secundo maii , anno regni dom ' nost ' guilielmo tertii dei gratia , nunc angliae , &c. fidei defensoris , vndecimo anno dom ' . whereas the honourable commissioners of his majesty's victualing-office , are content to employ the above-bounden john kelly , for the baking of bisket , at the price of eight shilling per quarter ; and that the money that shall be weekly received for bran and small-coal , be paid to him on account , and every month the account to be cleared and made up . now the condition of this obligation is such , that if the above-bounden john kelly , shall , and do from time to time , faithfully perform the said agreement and trust reposed in him , and no ways imbezel or dispose of the king 's goods to his own use ; but from time to time , monthly as aforesaid , out of the said eight shillings per quarter , deduct , and make good unto the said commissioners , or their order , all such moneys he shall receive for the small-coal and bran upon account as aforesaid , without fraud or further delay ; then this present obligation to be void , and of no effect ; or else to remain in full force and virtue . sealed and delivered in the presence of us , it being first stampt with the double six penny stamp , according to act of parliament , john kelly . george hubbard . tho. goldsmith . by the above-bounden john kelly , and thomas goldsmith , charles michel . robert stepens . sprig manistie . john woodward . hugh haworth . to the honourable commissioners for victualling his majesty's navy . the humble petition of john kelly sheweth , that your petitioner having contracted with the board on the th of april last ; being thereby obliged to give security to satisfaction for his faithful performance , which he hath accordingly done ; did thereupon propose to his creditors to pay them a part of his earnings in the service , which they accepted , and accordingly a part of them have sign'd an instrument , which obliges them to forbear giving your petitioner trouble , so long as employ'd in your service , till the whole be paid . therefore humbly prays ( in consideration of the great detriment , it will be to your petitioner , the making void the aforesaid instrument and the loss of what he expended in preparing for the work , ) your honours would take the matter into your serious considerations , and not suffer his sole dependance to be frustrated , to the prejudice of his creditors , and the utter ruin of him and his family . and he shall ever pray . a letter to his grace the duke of ormond . may it please your grace , may the th , . with the most profound acknowledgment ever paid to mortal greatness , i address your grace , with a nobleness peculiarly your own , recommended me to the admiralty , they in course to the navy , who transmitted it to the victuallers ; their report made upon it , which consisted partly of criminations , partly of owning services i have done the government . i had a copy of it granted me from mr. papillon unhappily after it was sent up , i rejoined to it , and have by the incouragement of that good man , from the reasonableness of what i then offer'd , both which i lay before your own judicious eye ; i attended nine months in hopes of success given me by him ; he has brought it even to a contract with me upon proposals of demonstrable advantages to the king and the subjects good , which one of them present at it flies from ; upon the truth of this amazement of opposition , i cast my self at your grace's feet , imploring your acquainting his majesty therewith , that he in his princely wisdom alone , or in council , as his royal pleasure shall be , give speedy justice to me ; i perish without it , as i shall deserve to perish , if mr. papillon appear not in my righteous cause with the same freedom as he did at the board , where he precides : this will prevent my ruin , with seven children , and a wife big with another , and inable me to pay some hundreds of pounds of just debts contracted by losses i have sustained by the publick service , and your supplicant , as in duty bound , shall ever pray . john kelly. a letter to the commissioners . honoured gentlemen , june the th . may the th i waited on his grace the duke of ormond , with my case , proposals , and contract , i put all into his grace's hands providentially , when he was in the coach with his majesty , in whose presence i am certain he read them : on my attendance to receive his answer , at kinsington , he with a generosity truly illustrious , asked me what i would desire from him that he could serve me in ? i said only that his grace would espouse the justice of my cause . having moved him in my address , to use his powerful interest , to influence his majesty , either alone , or in council , as his princely wisdom should order it , to the hearing me . his grace told me i had deserr'd it too long , the king being just upon going ; his grace's advice to me was , to tender my bond to you gentlemen , as i now do , in expectation of your signing the contract , in failure thereof to petition the privy-council , where i shall have justice done me . i do beseech you to be no longer divided , but unite in serving the publick , as the papers now before you carry their demonstrations with them ; and to prevent the ruin of him and his family , who hath laid aside all other business to serve the publick interest ; and your compliance therewith , will inable me to pay my just debts , which i have contracted by my losses in the publick service under you . who am your honours humble servant to command , john kelly. note , mr. papillon's answer to me was , that he was for it , and if i could prevail with mr. barrington , and mr. maine , it should be comply'd with . their not complying occasion'd the writing this farewel letter following . hououred gentlemen , from wapping-wall ; june . . i am ruin'd by your service , and have the demonstration of it in several articles , 't is fit the world should know it . a truly virtuous man were he to make his choice would rather be as i , one of the most distressed men living , than one of my oppressors in all his flourish . the justice of the nation shall hear my cry ; and i cannot entertain so reflecting a thought on it , as to question its relieving me . i am at an end of all my humble melting addresses to you ; i will be trampled on no more for casting my self at your feet , by some of you , nor once again pierce the tenderer heart of one of you , by the sight of it . i now take my farewel of you , by giving you to understand your old conjurers have rais'd a new mist to continue you in darkness . i 'm sorry i must say your constant encouraging them ( and to use a silken expression for what deserves a rougher one ) your different treating me emboldens them . your warrant to me , and my last proposals to you , agreeable to your own instructions from above , are to prevent the sailors being abus'd by mixt grains : to evade this , artists are started up ( beyond me , for i have try'd in vain ) who have succeeded in an experiment of grinding over bran , mixing it with other stuff and baking it : you may fancy this biscake hearty as you please , blow up your mills , beat down your ovens , and lay me aside altogether in complement to the cheapness of it . this is the happy project some mens wits have hit upon , to gratify their interest and malice in my destruction . i have had my brains near dash'd out for once writing you had no eyes , but all men will say they are strange ones , that shall hear of their magnifying mole-hills into mountains in me , and dwindling mountains into nothing in my enemies . they of you who are against employing me , from the admiralty's command about me , i must say i think are egregiously mistaken . i request only their review of my modest reply , to that report which occasioned it ; and then i dare leave it to the judgment they will be of about it in their dying hours , when they may be perplext with the remembrance of my usage , on their going to a place where all that is past will appear in a better light to angels and men than ever it has yet done : then i should not have been , as i am , one of the greatest objects of compassion that ever was by them unpittied , john kelly. when i sent this in writing with a postscript , i mentioned my design of printing it , with many other papers ; this i did hoping they would excuse me so ungrateful a trouble . i shall according to my last farewel letter to the commissioners , give my demonstrations of my ruin by these several articles . by abatement upon bags of bisket which i sold into the office , sometime after i contracted to bake the king's stuff . l. s.   lost upon the discount of the warrant .   lost upon discount of a warrant of l. and interest .   lost upon a warrant of l. lost upon a warrant of l. lost by a warrant of l.   lost by a warrant of l. lost by a warrant of l. lost by a warrant of l. this besides my loss upon chequer-bills , amounts to by lost time whilst in contract to bake the king's stuff , weeks , at l. per week , comes to by the repairs of my ovens whilst in contract , and a part of a loft broken down by the over-wait of bread by rebuilding of my ovens , and the fitting up of my house for to comply with the last contract , comes to by being out of imployment months , with a house of l a year , and a great family to maintain . the great oppression i met with from many of my creditors , because i could not pay them , for want of having my money paid me from the office in due time , i was forc'd to pay double , which i am sure amounts ( since i have been concern'd to bake the king's stuff in my house on wapping-wall ) to the occasion of all these losses has been from their not imploying me as i might have been , and their not paying me as they ought , and the loss the government has sustained hereby is very great also . i 'll wind up all with this one offer more . i am ready to make out before proper judges , to save the government in baking in their own office , and my house , and in their dry provisions , in proportion to l. per ann. for the future . by the truth of this i desire to stand , or fall into all the contempt malice it self can procure upon me . finis . errata in the preface , line for to read of . page line for heated read headed . page line for contrivances read continuance . page line after grace , read who . line read transmitted my case to the victuallers ; they made report upon it . line for precides read presides . encouragement for seamen and mariners in two parts : being a proposed method for the more speedy and effectual furnishing their majesties' royal navy with able seamen and mariners, and for saving those immense sums of money, yearly expended in attending the sea-press : in order to prevent those many mischiefs and abuses daily committed (by disorderly press-masters) both at sea and land, to the great prejudice of their majesties, and injury of the subject / by george everett, shipwright. everett, george, shipwright. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) encouragement for seamen and mariners in two parts : being a proposed method for the more speedy and effectual furnishing their majesties' royal navy with able seamen and mariners, and for saving those immense sums of money, yearly expended in attending the sea-press : in order to prevent those many mischiefs and abuses daily committed (by disorderly press-masters) both at sea and land, to the great prejudice of their majesties, and injury of the subject / by george everett, shipwright. everett, george, shipwright. vi, - p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. impressment. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion encouragement for seamen & mariners . in two parts . being a proposed method for the more speedy and effectual furnishing their majesties royal navy with able seamen and mariners . and for saving those immense sums of money , yearly expended in attending the sea-press . in order to prevent those many mischiefs and abuses daily committed ( by disorderly press-masters ) both at sea and land , to the great prejudice of their majesties , and injury of the subject . by george everett , shipwright . london , printed in the year , mdcxcv . to the right honourable the lords spiritual and temporal , and commons of england , assembled in parliament . with submission , in humble respect to his majesties most gracious speech , i do most humbly offer these following proposals , for the encouraging of seamen , in order to furnish their majesties royal navy on all occasions : wherein is briefly set forth the great hardships and sufferings of those imployed in sea-service , together with proper remedies to prevent the same ; whereby their majesties , and the publick , may save those immense sums of money yearly expended on such occasions ; the seamen be happy and easy in such service ; the merchants enjoy a free trade , without interruption ; the whole nation be happy under the present influence of a war , many grievances attending thereon be redress'd , vice punish'd , vertue promoted , our enemies terrified , and our selves encouraged , by the blessing of the almighty , to prosecute this so great and glorious vndertaking , and thereby regain our former honour of being master of the british seas , to the glory of their majesties , the peace and happiness of the whole nation : most humbly begging your honours to pardon this my vndertaking , to pass by my errors with patience , and to correct all that is amiss with prudence , and to consider my former proposals , humbly offered for the saving l . per annum in building and repairing the royal navy ; which by his majesty's order of the d of march last , was referred to the right honourable the lords commissioners of the admiralty , and at the writing hereof is yet lying under their lordships consideration . all which ( out of a hearty and zealous inclination of serving their majesties and the publick ) i do most humbly recommend to your honours consideration ( as the only physicians under god , from whom a redress of all our grievances are desired and expected ) in hopes of your favourable acceptance and encouragement thereof , for the service of their majesties , the benefit of the subject , and the good and welfare of the whole nation , most humbly praying that a committee may be appointed to examine and consider the same ; and that i may be admitted to give reasons , and answer to all objections . i humbly submit my self , your honours most faithful and obedient servant , geo. everett . proposals ▪ consisting of two parts , most humbly offered for the encouragement of seamen , and for supplying their majesties royal navy with able seamen and mariners on all occasions . part the first . forasmuch as it is altogether needless to give an account of the particular charge of the nation in impressing of seamen for their majesties service , that being already performed by others ; and it being well known that after all the charge and trouble therein , many of the most able and fittest for sea-service do lie lurking and conceal'd , taking an opportunity to make a voyage or two to newcastle , or otherwise , as theysee most convenient for their own advantage , to the great hindrance of their majesties service , the discouragement of others belonging to the fleet , and great prejudice of many , who being unfit for sea-service , are forced to supply in such case : proposal . for remedy thereof ( upon the especial approbation of the honourable admiral russel , and several other eminent persons of known experience in maritime affairs ) it is humbly proposed , that in every seaport-town ( according to the greatness thereof ) an office and officers ( being persons of known integrity and good repute ) may be erected and settled , for taking and keeping a register of seamen and mariners : and to that end the churchwardens and overseers of the poor of every parish within ten miles of any sea-coast ▪ or navigable river , within this kingdom , shall within fourteen days after notice given ( by proclamation ) be sworn duly to enquire and take a list of all seamen and mariners , inhabiting and residing within their respective parishes , being between the age of and , whether at home or abroad , and shall deliver the same under their hands to the sheriff of the county to which they do belong ; which said sheriff shall within twelve days after the receipt thereof , transmit a copy of the same to the next port-office , where the same shall be carefully entered alphabetically , for every parish and county distinctly , in a book or books for that purpose to be provided . ☞ this cannot be accounted any great trouble , there being in every parish four or six such officers at least , who dividing themselves , with their beadle , who is generally acquainted with all the parishioners , may perform the same effectually in one day . ☞ neither can it be accounted troublesom to the sheriffs , it being not expected to be more than once a year at most ; and may , by their directions , be perform'd by their servants : and , being a national concern , ought to have a national assistance , which will partly be effected by such officers changing places every year . prop. . and that all masters of ships and other vessels using the sea , or trading from port to port coast-wise , ( except such vessels as are or shall be employed in the home trade of fishery for supplying the several markets of this kingdom ) shall , at the beginning of their voyage , and before they depart the first port , give into that port-office a true list of the names of all seamen and mariners retained to serve on board their said ships or vessels , together with their age , and what outward marks may be found , as also their place of residence or habitation , if any such they have : which being performed , the said masters ( if not restrained by imbargo or other order ) may with their company have liberty to proceed on their intended voyage , both out and home , without danger of being impress'd , one of the said officers first giving a certificate under his hand and seal , as a protection for the use of each seaman thereunto belonging , being between the age of and years , as aforesaid ; and also a duplicate thereof to the master , for which he shall pay unto the said officer , if a coaster , s . and d . and if a trader to foreign parts , s . per head for every person therein nominated ; which said monies may be allowed for and towards the maintenance and encouragement of such officers . ☞ by the aforesaid means it may be possible to obtain a full register of all the seamen of england , and thereby know who is in service and who is not , whereby the royal navy , upon all occasions , may be ready manned with able seamen , and no hiding-place left for deserters or others : and the head-money proposed will be gladly paid to avoid those great perils and losses which too often happen , to the great prejudice of their majesties , and all others concern'd at sea , by means of the sea-press . prop. . and upon return of the said ship or vessel to her port of delivery or unlading , that then the said master thereof shall be further obliged ( if belonging to a ship or vessel using the coast-trade ) within four days , or if a merchant-ship trading to foreign parts , within ten days or more ( as may be thought convenient ) to pay such his ship 's company in the presence of one of the aforesaid officers at a place and day prefix'd . and if it happen that any change or alteration hath been made amongst the said company during the said voyage , that then the said master do give an account to the said officer , who may be impowered to make inquiry therein ; and whosoever of the said company , shipped outward or homeward , appeareth not in person to receive his wages at such time and place prefixed ( without some lawful cause or let shewed to the contrary , being such as may be allowed by the directors of such office , or officers ) shall lose and forgo his whole wages , one half to the use of their majesties , and the other to the chest of chatham , or otherwise , as may be thought convenient . ☞ and the said officers ( being impower'd to make inquiry as aforesaid ) will cause masters to be more cautious how they do imprison and pack their seamen off in foreign countries ; an abuse too much practised , even to the ruin of many families , which brings much poverty on the nation , especially about rivers and sea-port-towns . prop. . and if it should happen that any of the said ships or vessels should deliver or unlade at any other port within this kingdom , that then the officer of such port may , by the master's duplicate , ( he being obliged to produce the same , or otherwise by a copy of the register from the other first officer ) be enabled to procede in all respects as aforesaid . ☞ for conveniency a copy of all registers may be transmitted from all ports to yarmouth and portsmouth , for the ready dispatch of all such affairs ; but more especially to the port-office of london . prop. . and that every officer , in his respective place , ( at the time of paying such seamen as aforesaid ) shall then cause all such as are fit for their majesties service to be forthwith sent on board some ship belonging to the fleet , as occasion shall require ; the charge thereof to be paid by their majesties : and all such as are so sent on board their majesties ships shall have equal benefit with those seamen who do or shall enter themselves as volunteers . ☞ by such means there will be a constant supplying of the royal navy with able seamen : and by this means such who use to steal a voyage or two , will unavoidably be brought into their majesties service without prejudice to any ; which will be an encouragement to others belonging to the fleet , and will prevent the pressing of tradesmen from their business . prop. . and as every merchant-ship or vessel hath a carpenter or two belonging unto it , who for great wages go voluntarily to sea , their majesties ships may by the means aforesaid , be plentifully supplied with able shipwrights , the most experienced and fittest for sea-service . prop. . and at the end of every year the said officers shall present their majesties with a general list of all seamen and shipwrights so sent on board of every particular ship ; and , if thought convenient , shall have an additional allowance from their majesties of two shillings and sixpence per head , as an encouragement and maintenance for such their service . prop. . and whatsoever officer or ship-master offendeth herein , contrary to the true intent and meaning thereof , shall forfeit pounds to the use of their majesties , pounds whereof may be allowed to the informer . ☞ this charge cannot be accounted great , for by this means the prodigious expence of hiring smacks and ketches to attend the press will determine ; and men and boys commonly imployed therein may be at liberty to serve their majesties on board the fleet , besides the charge allowed and expended by captains and lieutenants on such occasions . ☞ and the seamen and shipwrights belonging to merchants ships , being so secured for their majesties service , may enjoy the benefit of selling and disposing what they have as an adventure on board their respective ships , together with the happiness of receiving their wages , and providing themselves with apparel , and other necessaries fit for sea-service , and be sent on board the fleet like men , who otherwise , after a long and tedious voyage , without recruit or money , are forced on board their majesties ships in a poor and ragged condition , which is one main occasion of sickness and distempers on board the fleet ; and for such reasons many refuse to go to sea , and others forsake their ships in foreign nations . ☞ and by such means as aforesaid merchants ships at sea , and under convoy , may be secure from the rage and ill usage of some commanders ; who , if denied their unreasonable demands for light or convoy-money , do often cause the seamen to be impress'd , whereby such ships or vessels are too often disabled , and the ship and goods , with the small and helpless number of men left on board , do often miscarry or perish at sea ; whereby the merchants lose their goods , their majesties lose their customs , the subjects lose their lives , the owners their ship or vessel , and many become widows and fatherless thereby ; which brings great complaints and poverty throughout the nation . proposals . part the second . prop. . ; and as the honour and glory of the english nation doth so much depend upon the strength and good conduct of the royal navy , so it may be highly necessary , at such time when the common enemy is so potent and powerful , that all due encouragement be given to seamen and mariners . and to that end it is most humbly proposed , that no offices belonging to the fleet be bought or sold , but that every person may be preferred according to his deserts and merits . prop. . that the said seamen be allowed their full share of all prizes that shall be taken , and that some law be passed to prevent imbezlements therein ; and that those persons , in what station soever , that shall endeavour to defraud them of such parts and shares as have by custom , or may hereafter be allowed , shall ( being convicted thereof ) forfeit his said office or employment . prop. . that if any seamen be dismembred in their majesties service , such smart-money as hath been formerly allowed may be advanced , and be forthwith duly paid . and further , that there may be an additional allowance made for all such pensioners as shall be dismembred in their majesties service . prop. . that if any seamen be killed in their majesties service , that the bounty-money generally allowed on such occasions be forthwith paid to those who shall produce a just right to receive the same . prop. . that all profaneness , which having by long custom gotten the ascendant on board the fleet , be forthwith suppress'd and abolished , and all offenders ( being officers ) may be displaced , and others receive such punishment as may be appointed by authority of parliament . prop. . and that no seaman or mariner that hath served twelve months in any of their majesties ships , shall be turn'd over to serve on board any other of their majesties ships before he be paid all wages due to that time . prop. . that when and so often as their majesties ( by their royal proclamation ) shall require the service of such seamen on board the royal navy by such a day or time prefix'd , that all able seamen who shall in obedience thereunto voluntarily enter themselves , by applying to the next port-officer or officers , shall be allowed , during the whole voyage , s . per month , according to the course of the navy ; and that so often as any of their majesties ships shall arrive into any harbour to lay up for any time , that then the seamen and mariners thereunto belonging shall be forthwith discharged ; and that all wages to them then due for such service be fully paid , not in tickets , but in money : and if the voyage be long , that then their wives or friends , having a lawful power to receive the same , may be paid six months wages out of every nine months that such ship shall be abroad . prop. . that all such sea-men now belonging to the royal navy as shall be continued on board the fleet at such time as the service of others shall be required by proclamation as aforesaid , may have and receive the full benefit of such as shall then enter themselves as volunteers . prop. . that there be one clerk at the navy-office to attend all accidental business that may happen touching the premises , and that he be allowed by their majesties l. per annum , to answer and receive money for all such persons as shall employ him on such occasion ; and that he may be allowed d . or d . per pound , as shall be thought fit , for all such money as he shall so receive : and the said clerk making default therein , to be displaced , and suffer such fine or other punishment as the parliament shall think fit . ☞ by such payments as aforesaid seamen may be enabled to provide for themselves and families , and to pay their debts , which is one means to make money plenty throughout the nation , and will encourage them , when occasion shall require , freely and gladly to enter themselves into their majesties service , without the charge of being pressed or continued in pay for the whole year . and being certain of such provision made for the maintenance of themselves and families , it will make them bold and daring , not being afraid to look death in the very face of their enemies . ☞ it is to be observed , that for want of such payment as aforesaid , the seamen are greatly injured and discouraged ; first especially when instead of money they are put off with tickets , whilst many of them and their families wanting food and rayment , are compelled to sell such tickets at one third parr , and sometimes one half loss ; so that thereby the seamens pay is very small and insignificant , who after having exposed themselves to the greatest dangers , are so cut off , being but as slaves and drudges to the common ticket-buyers and their upholders , who for supplying them so with money do carry away the greatest part of their labour , when many of their poor families are ready to perish . secondly , the paying such their wages on board the fleet at such time as they are ready to sail , is very injurious both to seamen and others ; for by such means they have not the opportunity to serve themselves or families , but are obliged to buy all their necessaries on board the common higlers or boomboats , ( and they not many ) who , making it their business to attend the fleet , do , by their extortion , bring away the greatest part of the seamens wages . so that a great part of the treasure of the nation , which ought to be divided amongst all , falls into the hands of a few private persons ; whereas , if such payment were to be made on shore , as aforesaid , they may have the benefit to buy all they want at the best hand , to pay their debts and relieve their families . and by this means all such money would , as from a fountain , pleasantly distil it self into so many silver streams , until it returns again to its first rise : which would be a great encouragement to seamen and all other their majesties good subjects , who being now obliged to give them and their families credit , are forc'd to sit down by loss , which is one great cause of the decay and detriment of trade . ☞ if it should be objected , that paying the seamen their wages on shore ( upon the discharge of their service as aforesaid ) will cause them to desert their majesties service , 't is humbly answered , that there being in england a sufficient number to serve both their majesties royal navy and merchants ships at one time , as by sufficient testimony did appear this last summer , it is impossible to believe the royal fleet should ever want seamen , if good payment was to be made , and encouragement given as aforesaid , for these reasons following . first , they being in such service are more secure from the enemy than in merchants ships . secondly , being allowed thirteen months to the year , without after-claps , or paying damages , which ( in merchants ships ) often cuts off one months pay in three . thirdly , if a ship of their majesties happen to be lost , the seamens wages stand good . fourthly , being out of all danger of being impress'd , during the whole voyage ; by means whereof in merchants ships they often lose both their wages and adventure . fifthly , having a prospect in making advantage by taking of prizes . sixthly , if loss of members happen , smart-money is allowed , with a yearly pension during life . seventhly , if killed in fight , a considerable bounty-gift is bestowed on their families , according to the greatness thereof ; when seamen in merchants ships , running all risques as aforesaid , fall far short of these so great advantages . prop. . furthermore it is proposed , that if any difference should happen within the term of the said voyage between the master of such merchant's ship or vessel , and any of the seamen belonging thereunto , for or by reason of any wages due , or goods damaged by leekage of the ship or vessel , such differences may be determined by such officer as aforesaid , who may be impowered to call to his assistance two , three or more honest and indifferent men , being sufficient house-keepers , who may have power to hear and determine all such differences as aforesaid , which would be of great advantage to poor seamen ; who , by reason of poverty and the press , being not in a capacity to maintain or attend a suit of law , are often ruined and undone . ☞ if it should be objected that this may prove prejudicial to the government , it is humbly answered , that the seamen in general , by such injuries , and for such reasons as aforesaid , are not in a capacity to go to law ; so that where nothing is , nothing can be expected . ☞ so that by thus civilly impressing of some , and paying and encouraging of others as aforesaid , it may be presumed their majesties royal navy may at all times be readily and plentifully provided with the most able seamen and mariners on all occasions , and all extraordinary charge of impressing and maintaining them on board the fleet the winter-season ( which by captain st. lo was computed at l . for one winter-season , besides l . expended for conduct , bounty , and impress-money ) avoided , and saved , as well now as in former times . and to this all the seamen and faithful people of england will say , amen . ☞ if any objection should be made , that in manning the royal navy according to the methods of this second proposition , their majesties affairs may be prolonged or prejudiced thereby , then it is humbly proposed , that a recourse may be had to the aforesaid register , as followeth . prop. . that the right honourable the lords commissioners of the admiralty calling to the port-officers of london for a general list of all seamen in each county ( taken as aforesaid ) may direct their warrants to the several sheriffs of the counties aforesaid , requiring them to direct their precepts to the several constables of each parish as aforesaid , who with the assistance of the church-wardens and overseers of the poor shall forthwith ( to the utmost of their power ) cause such and so many as are required ( by an equal quota ) to appear before the next port-officer who shall dispose of them on board their majesties ships , as shall be most meet and convenient for their majesties service : and such as press men to be allowed but s . per month. and what seamen soever shall abscond from their habitation , or usual place of being , at such time as the service of their majesties shall require them on board the fleet , shall suffer imprisonment , or as the parliament shall think fit . and that the port-officer do then forthwith pay unto the said constables , for travelling and other necessary charges , the sum of s . d . per head , for every person by them delivered or produced as aforesaid ; and that the said port-officer be allowed the same ( with other necessary charges for sending such on board the fleet ) out of their majesties treasury . by what hath been proposed i hope it will appear , that the impressing of seamen and others by sea-officers may be wholly laid aside , which hath hitherto been very chargeable to their majesties , and injurious to the subjects , as is briefly summed up as followeth . . that several vessels imployed in that service , after having laid twelve or fourteen days in the river of thames on that occasion , have by the ill management of some lieutenants thereunto belonging , been sent on board their majesties ships with twenty or thirty men at one time , who being not fit or useful in such service , have been often discharged and turned ashore , by which means their majesties treasure hath been vainly expended ; and many land-men and tradesmen have been often carried from their habitations to the downs , portsmouth and plimouth , to their great charge and prejudice . . that the impressing and detaining seamen in their majesties service on such hard terms as before specified , causeth many to desert their majesties service , who by such means come to an untimely exit . and many seamen there be , who having families , will rather expose themselves to such vile and shameful ends , than leave their families to perish for want of food and raiment . . many other inconveniences there be attending the present discipline of the navy , as paying the fleet at portsmouth , &c. whereby their majesties affairs are often retarded , and the seamen whose wives or friends are very populous about the river of thames , do , by travelling and attending at such remote parts , often expend more than they receive , whereby many families are ruined and undone : and many others there be , who for want of money are obliged to take up all they want upon trust , paying one shilling for the value of nine pence , losing thereby l . per cent. and by selling their tickets , as aforesaid , they generally lose , , or l . per cent. so that by a modest computation their whole loss amounts to l . per cent. out of their small wages . . the turning of seamen over from one ship to another , after having been in such service one , two , or three years without money , produceth the same effect as the former . . for the aforesaid reasons the seamen , their wives and friends , are at a great charge and trouble by petitioning and attending the admiralty and navy-board , ( on such occasions ) who spend great part of their time in hearing and examining these and such like grievances . . whereas if seamen were paid and encouraged as aforesaid , these mischiefs and disorders , with many others , occasioned by several indirect practices of the clerks of the navy , &c. would soon cease and be abolished . . and for promoting the same it is further proposed , that a sutable fund of money be raised and set apart for such uses and purposes : and if the same should fail , or fall short of what is intended , that then they may be supplied with such funds as shall be appropriated to pay merchant-dealers and tradesmen , who being under no compulsion in making agreement for their commodities , are in a capacity to help themselves . . and if a sufficiency of money cannot be raised as aforesaid , that then it may be borrowed ; and suppose at l . per cent. per annum , yet will be of so great use in answering these ends , that its presumed their majesties will thereby save l . per annum , or more : but if the late ingenious proposals to supply their majesties with money at l . per cent. per annum , be put into practice , the advantages accruing to their majesties by this proposed method will be much greater , and the doubts and objections that may arise touching the insufficiency of making such orderly payments as aforesaid , will be removed . . thus by preferring frugality , and abolishing extravagancy , their majesties , with the usual funds generally raised and allowed for such occasions , will soon be in a capacity of paying and providing with ready money all things useful and necessary for carrying on the war ; and the enemy taking notice of our industry and abilities , the usual forerunners of great actions , will be thereby discouraged , as they are certain presages of their approaching downfal . . and that by such means the general trade of the nation will be better supplied at home , and secured abroad ; and the subjects thereby inabled and encouraged to give supplies to carry on the war , and their majesties thereby be the better supported to prosecute and continue the same . . thus having , as i humbly conceive , proposed a sure and certain method to prevent those evils occasioned by the sea-press , which ( if put in practice ) i dare affirm , will be a useful instrument to vanquish and overcome all our enemies both foreign and domestick ; it being observable , that since my former proposals made for performing of shipwrights work , the impressing of workmen for that service hath been little practised . in all that hath been most humbly offered i have studied brevity more than curiosity , my design being to serve my country rather than to shew my skill in learning ; and therefore do present the same , not as the labour of my spare minutes , but as the fruit of a labourious brain , that hath and will be always ready to serve their majesties and the government upon all occasions . i shall only offer these following queries , most humbly praying they may be considered . . whether the nation under the present circumstances of a war , can long continue a sutable supply of money to carry on the same , under the pernicious effects of extravagancy ? . whether money raised in parliament with care , collected with trouble , and paid with tears , requires not the most serious thoughts and endeavours of all its disposers , for converting the same , in all circumstances , to the most useful and advantagious purposes ? . whether the king exposing his royal person in so many dangers abroad , for promoting the happiness and well-being of the nation , doth not expect the due assistance of all other his officers and subjects , indispensibly to use their utmost endeavours for the full accomplishing his royal purposes ? . whether the saving those immense sums of money , as aforesaid , will not settle the minds of their majesties good subjects , and stop the mouths of the most disloyal and restless spirits , who raise animosities amongst us , and instil wicked notions into the minds of their majesties subjects , representing the government as under an unsettled condition , and groaning under oppression , by reason of great taxes , and a lingring and expensive war , and a want of trade , and raising their expectations of a speedy change , who finding their hopes defeated by an unanimous resolution of rooting out the evils occasioning the same , can have no future pretence to such calumniating reflections on the government for bringing to pass their evil purposes ? . whether the buying and selling of publick places be not an undoubted inlet to bring their majesties enemies into such stations , being of dangerous consequence to the government ? . whether it will not be for their majesties and the nation 's interest to advance persons to places of trust according to their merits , and not permit those to be discountenanced , and to labour under difficulties , who expose frauds and extravagancies , and propose proper remedies for the cure of those evils ? and whether the brow-beating and discouraging those who endeavour to make such discoveries , is not an effectual means to prevent all others from appearing in such like cases ? much more might be added , which for brevity sake is omitted . i shall humbly conclude with the following admonition of king henry the ivth , who upon his death-bed spake to his son as followeth ; so long as english-men have wealth , so long shalt thou have obedience from them ; but when they are poor , they are then ready for commotions and rebellions : from which , and all other evils , good lord deliver us both now and for evermore . finis . his maiesties speech to both houses of parliament, july the th with mr. speakers speech, before the king, in the vpper house of parliament, july the , , concerning the passing of three bills, . poll-money, . star-chamber, . high commission. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his maiesties speech to both houses of parliament, july the th with mr. speakers speech, before the king, in the vpper house of parliament, july the , , concerning the passing of three bills, . poll-money, . star-chamber, . high commission. england and wales. sovereign ( - : charles i) charles i, king of england, - . lenthall, william, - . [ ], p. [s.n.], london : . reproduction of original in the university of illinois (urbana-champaign campus). library. a review by the king of his recent concessions to parliament and a similar review by speaker lenthall of parliament's concessions to the king. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (wing c a). civilwar no his majesties speech. to both houses of parliament, july the th . with mr speakers speech, before the king, in the vpper house of parli england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maiesties speech , to both houses of parliament , july the th . with mr speakers speech , before the king , in the vpper house of parliament , iuly the d , . concerning the passing of three bils , viz. poll-money . star-chamber . high commission . london printed . thf kings speech to both houses of parliament , the fifth of iuly , . i come to doe that office which i did on saturday last , to give determination to these two bills : but before i doe it , i must tell you that i cannot but be very sensible of those reports of discontent , that i heare some have taken , for not giving my assent on saturday last . me thinkes it seemes strange that any one should thinke i could passe two bills of that importance as these were , without taking some fit time to consider of them , for it is no lesse then to alter in a great measure , those fundamentall lawes ecclesiasticall and civill , which many of my predecessours have established , &c. if you consider what i have done this parliament , discontent will not sit in your hearts ; for i hope you remember that i have granted that the judges hereafter shall hold their places , quam diu bene se gesserint . i have bounded the forrest , not according to my right , but according to the late customes , i have established the property of the subject , as witnesse the free giving , not taking away the ship-money . i have establishing by act in parliament the property of the subject in tunnage and poundage , which never which never was done in any my predecessours times , i have granted a law for a trienniall parliament , and given way to an act for the securing of monies advanced for the disbanding of the armies , i have given free course of justice against delinquents , i have put the law in execution against papists . nay , i have given way to every thing that you have asked of me , and therefore me thinkes you should not wonder if in some thing i begin to refuse , but i hope it shall not hinder your progresse in your great affaires . and i will not sticke upon triviall matters to give you content , i hope you are sensible of these beneficiall favours bestowed upon you at this time . to conclude , you know ( by your consent ) there is a prefixed time set for my going into scotland , and there is an absolute necessity for it , i doe not know but that things may so fall out , that it may be shortned ; therefore i hope you will hasten the dispatch of those great businesses that now is necessary to be done , and leave triviall and superficiall matters to another meeting . for my part i shall omit nothing that may give you just contentment , and study nothing more then your happinesse , and therefore i hope you shall see a very good testimony of it by the passing these two bills . le roy le veult . this done , his majestie said as followeth : viz. i have one word more to speake unto you , and take now an occasion to present to both houses , that whereby i hope all the world shall see that there is a good understanding betweene me and my people . it is concerning my nephew , the prince elector palatine , who having me and the king of denmarke to give to a writing concerning the dyet at ratisbone with the emperour , i could not but send my ambassadour to assist him , though i am afraid i shall not have so good an answer as i expect , which my newphew fore-seeing , hath desired me , for the better countenancing of the same , to make a manefesto in my name , which is a thing of great consequence , and if i should doe it alone , without the advice of my parliament , it would rather be a scorne then otherwise ; therfore i doe propose it unto you , that if you should advise me to it , i doe thinke it were very fit to bee published in my name . mr. speakers speech . the government of a commonwealth rests in the rules of order , and hath so much affinity and consent with the rules of nature , in the government of the world , that the first copie and mutation of the one may seeme to bee taken from the originall and first modell of the other . this contemplation ( most excellent and gracious soveraigne ) casts our eyes upon your sacred majesty , as that celestiall orbe , which never resting without the office of perpetuall motion , to cherish the lower bodies , not enriching it selfe with any treasures drawne from below , exhales in vapours from the inferiour elements , what indue season it returnes in showres . the application makes us consider our selves , those sublunary creatures which having their essence and being from the influence of those beames ( as the flowers of the field ) open to receive the glory of the sun . in this relation both contribute to the common good , your sacred majestie as a nursing father designed to bestow on your people , the blessing of peace and unity , and we as the children of obedience returne our duties and affections in aids and tributes . and this compacted in one body by the ligaments of religion and lawes , hath been the object of admiration to the whole world . amidst the distraction of forreigne nations , wee onely have sate under the shadow of our vines , and dranke the wines of our owne vintage . but your crafty adversaries , perceiving that the fervent profession of your owne religion and firme observation of our lawes , have beene the pillars of our prosperity , by subtile insinuations , pretending a politike necessity to admit of moderation in our religion , to comply with forraine princes , and suggesting it a principall in the rule of soveraignty , to require and take into , aske & have , that it must be postulare by power , not petere by lawes , and keep this misery of warre and calamity , betweene nation and nation , and put us in the posture of gaze to the whole world . but when wee behold your sacred majesty discended from the royall loines of that glorious king , which by his wisdome and policie , first ingrafted the white rose and the red , upon the same stock , and sheithed the sword that had pierced the bowels of so much nobilitie , glutted with the blood of people , and then laid the first hopes of the happy union between the nations . when our thoughts refresh themselves with that happy memory of that religious king your gracious father , on whose sacred temples both diadems were placed , wrethed about with this motto , faciam eos ingentem unam , we cannot but believe that god and nature ( by a lineall succession from those fathers of peace ) hath ordained you that lapis angularis upon which the whole frame settles , and put into the hands of you sacred majestie , the possibility and power to firme and stablish this happy union betweene your kingdomes , and so raise your memory a statue of glory and wisdome from generation to generation . in all this length of time , the assurance of this union and peace hath been the chiefe object of our desires , our purses have beene as open as our hearts , both contributing to this great work , manifested by so many subsidies already presented , sufficient in our first hopes for the full perfection . but finding that faile , have againe adventured upon your peoples property , and in an old and absolute way , new burnisht by the hand of instant necessity , expressed to the world the heart of a loyall people , and howsoever guided with a new name of tranquility and peace to your kingdome , that with more case the people may disgest the bitternesse of this pill , yet still our hearts had the same aime and object . a gift sutable to the necessity of such vast extent that time cannot parallell it by any example . and by which , if your sacred majesty vouchsafe your royall assent , wee shall not doubt you may soone accomplish those happy effects that may present your wisdome the object of wonder , and your policy to bee admired amongst the nations . finis . a letter to his excellency the lord general monck t. s. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to his excellency the lord general monck t. s. sheet ([ ] p.). [s.n.], london : printed in the year [i.e. ] actual date of publication from wing ( nd ed.). signed: t.s. on the proceedings of the rump. reproduction of original in the guildhall (london, england) eng albemarle, george monck, -- duke of, - . england and wales. -- parliament. broadsides -- london (england) -- th century. a r (wing s ). civilwar no a letter to his excellency the lord general monck. t. s a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to his excellency the lord general monck . my lord , amongst the throng of persons that crowd to tell their grievances , and to beg your relief , as an english-man i cannot be unconcern'd , nor you in justice refuse to hear me : i do not intend to trouble you with a long series of the unhappy war , your own experience in that is able to inform you ; but onely to give you some little accompt faithfully of what hath happen'd since lambert's last interrupting that which so daringly assumes the name of a parliament , with more impudence than justice , with more madness than merit : when lambert had by violence forc'd the members from sitting in the house , and as indiscreetly left them at liberty , you were then the onely person who might visibly restore them , then they look'd upon you as their redeemer , which you really were . having now once more by your favour gras'pd a power which they believ'd they should not out-live , to secure themselves as well from you as others , they commanded you up , and under a pretence of taking you into an administration of affairs with them , in stead of a general which you were in the north , and his excellency , they made you a single commissioner , the last of foure ; and lest that number , whereof three were a quorum , should not ballance you , they added another ; so that you must be over-awed in vote , and submit to those who never yet durst openly make you their enemy , and are unfit to be your friends . when they saw ( with eyes full of malice and jealousie ) how your whole march was but one entire triumph , and that all persons , of all conditions , ages , and sexes , met you , either to unbosome themselves and tell their miseries , and pray your help ; or , give you the acclamations due to a blood-less victory ; they now thought you too great and too good to live , and were preparing your herse and cypress , while you brought them the olive-branch of peace : first , to try you , they offered you an oath , which i think no sober conscientious person will take , it being in effect but to bind up the hand of providence , and to set ones face against that power , which ( for ought we know ) may intend us for our good , or punishment , what we so much fear ; and to either we ought quietly to submit . this not taking , they endevoured , first to render you odious , that they might more easily destroy you , and send you unpityed to your grave and scorn'd , robbing you first of that which should have sweetly preserv'd your name to posterity , your honour : to effect this , they commanded you to go with your army into the city , and there to imprison their members , break down their gates , port-cullises , chains and posts , and whatsoever look'd like a fence for that freedome hath so long been theirs ; what an angry and sad face you saw the city wear for that action , you know : nor would their malice to your fame have ended here , for you were to assist at the horrid murthering of some citizens and common-council men , whom they intended to hang at their own dores , in terror to the rest ; when this was done , you were to disarm them , and to level their walls to the ground , and to have found in their ruines your own : for , when by these accursed actions they had fix'd an odium upon you , then were you to fall a sacrifice to their ambition , whom nothing can satisfie but the tyranny over three nations at once , and from a deliverer become a victim : your prudence wisely foresaw this , and finding how odious they endevoured to make you , and how closely they had contriv'd your ruine , you put a stop to their horrid designes , and by countenancing the city in their equitable desires , have rais'd in all such an admiration , and for your self so great a stock of glory , as you cannot , but by some strange act of indiscretion , forfeit or lose ; you cannot but take notice to what a strange height of joy that good action rais'd every sober person , and if you wanted inclinations in your own soul to do us good , you might be lighted to them by those fires which were kindled for your triumph that night , and would ( had you gone on ) in all probability , have prov'd your funeral pile , few days after . you have fairly began our deliverance , leave it not here , for your safety and our good are so link'd together and alli'd , that neither can fall singly : you have by an act of honour and justice exasperated a party against you , whose principles are damnable , whose spirits are implacable ; by the one they pretend and believe , by a strange kind of saintship , a title to all our lives and fortunes , and that they were by grace born our heirs ; by the other they have in them so great a thirst after revenge , like italians , they kill with a smile ; and however they may for safety seem friends , are never to be atton'd ; how hardly they forget and pardon injuries , the late northern expedition will manifest ; for when the officers of lambert's army by an early defection and submission thought to preserve their places , though the first did their business without a blow strook , yet not one of forty was continued in his command ; and if they urge their mercy to lambert , 't is not their clemency but necessity , hoping by his interest among the fanatiques , to ballance , or countermand and check your power : nor is there any thing so sacred that can bind them , they having violated all covenants and oaths , and it is to be beleiv'd , press others to do the like , that they may make others as hateful and abominable as themselves ; in this imitating their master the devil , who is watchful and industrious for our damnation , for envy and company : besides , my lord , you have provok'd them , by fixing upon them a character in your speech , which the whole body of our language cannot equal , and they can never forgive or forget , for it will live as long as the name of rump , that spawn'd them . having thus deservedly made them your enemies , it is too late to make them your friends , nor can they expect it ; and unless you will be so imprudent as to cast off the love and protection of all sober persons , and betake your self to a villanous , accursed , hated , deformed monster of confusion , which your self have condemned and branded with an eternal mark of infamy , you cannot own or act with them , or for them : you gave them a fair time to perform your just desires , which they have slighted , and forfeited your protection ; if you stand by them any longer , you put your hand to your owne destruction , to farther it ; and your delay , which is all they ask , is but the basis of your ruine ; you may see by their favourable censure of lambert what they intend ; and you know who were last week in consultation , and what party he was to head : your ignorance cannot , your courage will not , let not your irresolution destroy you and the three nations ; on you depends their hopes , frustrate them not , lest you fall with them , and suffer not this insulting dragons taile of tyranny to oppress us longer ; you have a glorious opportunity put by providence into your hands to make your self great and safe , beloved of good men , and terrible to the bad , lose it not by delaying ; that ( when your name is read in the number of those deliverers whom fame and truth have faithfully committed to posterity ) you may be remembred with joy and honour in after generations : but , if on the contrary , your patient but dangerous expecting from these tyrants a settlement , make you lose the glory of so brave an action , you will assuredly fall with our hopes , unpityed , accursed , and with your own , conclude the three nations tragoedy . your servant and honorer t. s. london , printed in the year . . a declaration of the lord broghil, and the officers of the army of ireland in the province of munster this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lord broghil, and the officers of the army of ireland in the province of munster orrery, roger boyle, earl of, - . ireland. army. sheet ([ ] p.) printed by william bladen, by special order ; and re-printed at london by john macock, dublin : london : [i.e. ] caption title. signed at end: "broghill." i.e., roger boyle, earl of orrery [and others]. a request for the restoration of the secluded members of parliament. annotation on thomason copy: "march ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lord broghil, and the officers of the army of ireland in the province of munster. as the freedom of parliaments is thei orrery, roger boyle, earl of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lord broghil , and the officers of the army of ireland in the province of munster . as the freedom of parliaments is their undoubted right : so are our utmost endeavours for restoring them unto , and preserving them in their freedom , our undoubted duty . our interest also is involved in our duty ; and if we truly love that , we cannot decline this ; since whosoever enquires into the foundations of his own freedom , his posterities and his countries : in a free and full parliament , as in a common center , will find them all to meet . and therefore he that is not free in his representative , hath little reason to hope he shall be so in his person or property . the theory of this truth hath not been more believed by other nations , than the practick of it hath been sadly felt by ours . for , ever since the first violence which was put upon the authority of parliament in we have been without foundation ; it having cost us more bloud and treasure to maintain confusions , than ever it did cost any former age to free it self out of them . for whilst we were fighting for our properties and liberties , we have even almost in our successes lost both ; and whilst we contended for reformation in religion , we have almost lost the very being and life of it . more heresies and schisms being introduced whilst the highest light was pretended to , than ever the darkest times were involved in ; and whilst we seemingly aspired to perfectness , we actually lost that charity which is the bond of it ; becoming thereby a reproach to our selves , and a derision to that protestant part of the world , unto which , whilst our supreme authority was inviolated , we were a bulwark : the universities and schools of learning in our nations having been looked more after to poyson them , than to keep them sound ; that not only our streams might be impure , but even our fountains ; many have been employed to teach , who stood in need to be taught ; and the legal maintenance of the ministery of the gospel conferred on men unable , unwilling or unfit to dispense it , who had less ill deserved a maintenance for their silence , than their speaking . never greater taxes raised for armies and fleets , and never fleets and armies more in arrear . taxes and impositions laid , which past ages never knew , and many thousand families of the present have been beggered by . powers have made laws , and subsequent powers disown'd and null'd what the preceding powers had acted : that now the questions are not so many , what is the meaning of the law , as , what is a law : whereby that is become a subject of debate , which formerly was a rule for ending of it . all which are yet inseparable effects of such a cause : for whilst an authority it self is disputed , their acts will always be the like ; and whilst many are unrepresented in making of laws , few will be satisfied to be obliged by them : and what is enacted by any but a full and free parliament , will always be questioned , if not repealed , when such an one doth sit : nor can it be believed that the laws of a parliament , the very much greater part of whose members are kept out without impeachment or tryal , will ever pass the test of a free parliament ; lest thereby they should encourage others to serve them in like kind . these sad miseries , and these certain truths , made us believe we hazarded more in submitting to that force that was so lately over us , than in taking up arms to oppose it ; and thereby endeavouring the restauration of the parliaments authority : in which god was pleased so to own the duty of our endeavours , that in a few days we were not only at unity among our selves , but even able and willing to offer our assistance to our brethren in england and scotland ; which had it been needed , it had been as readily sent as offered . but we must confess , we could hardly so much as imagine that those members which had so recently felt , and justly exclaimed against a force upon themselves , would when it was taken off , have deny'd their brethren to participate in that right they saw the three nations had engaged their all to restore them unto . if it be a justice to declare for the restoring of some parliament members under a force , 't is a greater justice to appear for the restoring of all that are under it : yea , as much as the whole is preferrable to a part ; so much greater is the duty of this declaring , than of that . we were more than hopeful , that when the cause ceased , the effect would do the like ; and when the rebellious part of the army was broken , those members would have been re-admitted , which hitherto , we were made believe , were kept out only by it . the happiness of the now-members restauration , and of the suppressing of those forces which lately had interrupted them , could not have been greater than the honour they would have acquired , in making those other members , which had participated with them in their sufferings , to have also participated in their restitution . we were loath by an address of that nature to have lessened the beauty of their expected performance , and had rather have enjoyed the right and happiness of having this parliament full and free , as the product of the justice of this present house , than as any effect of our sollicitations . when the violence was put upon the parliament in , we did with much contentment observe how sollicitous those that sate were to have it taken off , thereby asserting their rights , though they were denied the actual enjoyment of them ; which made us the more chearfully engage our selves to restore those to the power of doing justice , who then manifested they wanted not the will : it being a crime too great to enter into our beliefs , that they asked , because they were sure to be deny'd ; and would approve when they had the power , what they condemned when they had not the power : which , though then objected against them by many , we did not then credit , and we wish we never since had cause to believe . nor was it unobservable , that though such members of theirs as have been lately put out of the house by them , as sir hen. vane and others , were known to be guilty of joyning with that rebellious part of the army : yet they admitted them to sit in the house , till particular charges were brought in against every one of them ; they heard , and judged by the house . if such be not the true and antient manner of proceeding against members of parliament , why was it practised to those so deeply guilty ? and if it be , why is it deny'd to others , who have not hitherto appeared to be so ? doubtless such as were kept out of the house by a rebellious part of the army , merited at least as much favour and justice , as those who joyned with it . we do the more deplore such a procedure , because from it pleas have been raised for the like violence acted on the members now sitting : and happy are those who condemn not themselves in the things which they allow . what more pregnant proof need there be of the want of those worthy patriots , so long excluded , who with the earliest stood in the gap for our liberties and properties , than , that petitioning to the parliament is now punished as a high crime in the people , which at the parliaments first meeting was declared to be their undoubted right ? and though a constant experience hath taught us , that the people may lawfully petition for repealing an act of parliament which is grievous to them , and therefore much more against a vote which is so : yet to our trouble and amazement we understand those worthy and eminent persons , who in obedience to their countries desires , presented petitions for the restauration of the excluded members , an imprisonment in the tower was their answer : that , we again say , which was declared the right of the people , being now become their transgression , is it not high time to declare for that justice , which when petition'd for , is punished ? and because we know the common aspersion to such a declaration is , that it savors of a design of introducing the common enemy ; we shall here set down some of those many grounds which makes us experience , that in the duty we now ingage in , we are not to be frighted by such words : it may indeed terrifie and dare others ; but such who mean what they say , and are satisfied in what they do , will only pity those who therein believe what they speak , & contemn those who therein speak what they do not believe . we rather doubt , that if the house be kept so empty as it is , it will admit the common enemy , than the house so filled : for whilst eight parts of ten of the people are unrepresented , and two nations of the three intirely ; may not it too probably provoke those people to joyn with whoever will promise them their right , than lie under that power which hath hitherto deny'd it to them ? to keep out most of the members , that a few may keep him out ; is to do evil that good may come thereof . we love to do lawful things , lawfully . that the house ought to be fuller than now it is , seems of late to be the granted opinion of the members that now sit in it ; and that we conceive can no way so probably with safety be effected , as by admitting all those who in the year . and since , were excluded ; those being likelyest to take care of our safeties and settlement , by whose authority our actings were influenced during the greatest heat of our wars ; and therefore in interest as well as justice will be most concerned for us . and when such are admitted , there will be no fear that the necessary qualifications for those additional members to be futurely elected , to supply the vacancies of delinquent and dead members , will be disobey'd , being enacted by so unquestionable an authority ; nor that those then chosen can be able to over-vote so full a house , were that as much their design , as 't is far from our thoughts to have so unworthy a belief of them . we believe , under submission , that we have acted and fought against the pretended king , as long as any others ; and therefore ought to apprehend his coming in , as much as any others : but , through the mercy of god , our principle is not to act an evil our selves , to secure the doubts of some , that our supreme authority else would commit one . we are not to speak nor think evil of the rulers of our people ; nor out of the fear of an uncertain ill , to decline a certain duty . if the said excluded members be re-admitted , they must be either the greater or the lesser number in the house : if the lesser , where is the danger of their admission ? if the greater , where is the justice of their exclusion ? for then it will appear , that the minor number keeps out the major . and if in the apprehension , that a parliament when full and free , will abuse their authority , it be a received maxime to keep them from the exercise of it ; a certain foundation is laid for all that have the greatest force , to have also the greatest authority ; and whoever hath strength and this tenent together , may too easily be perswaded to believe , that he hath as much right over the minor part of a parliament , as the minor part has over the major . neither can any act of a supreme authority be so evil , as is the admitting that any but the supreme authority ought practically to judge what is best for the nations : the one can be but an ill act in governours , but the other is a destroying of government . vve do not desire that any of the secluded members , if they have offended , may not be tryed : but we humbly desire that they may have a parliamentary tryal . and though we much value their persons , yet we can with as much truth aver , vve ask this for their cause , not for them . and had those members who now sit , been in the condition of the excluded members , and the excluded members in their condition , we had as cheerfully appeared for these , as now we do for those . and considering that in past ages , and more particularly since the beginning of the late horrid rebellion in ireland , our brethren in england have abundantly manifested a tender and compassionate sence of the condition of ireland ; and were careful to relieve us in our lowest estate , as bone of their bone , and flesh of their flesh : which we do and shall ever acknowledge with humble thankfulness ; and ( as a debt which we well know to be due from us to them above all people in the world ) shall be for ever as tender of their happiness and welfare , as of our own , which indeed is involved in theirs , and without whom ireland cannot be happy : vve therefore remaining constant in the reasons of our brethrens declaration of the of december . for adhering to the parliament in defence of its priviledges , and the just rights and liberties of these nations ; all which we see now are apparently more and more violated by the not-admission of the said excluded members , and by not filling the vacant places , whereby the house might be full ; and being freed from force , might uninterruptedly act according to their judgements and consciences towards re-settling these nations , which otherwise in all humane probability can never be restored to peace and tranquillity . vve do therefore declare for a full and free parliament in england , consisting not onely of those that sate on the of october . but also of all such of the members of parliament , imprisoned , excluded or withdrawn in december . as are yet living ; whom we desire may be restored to the freedom and liberty of their sitting and acting , according to the trusts committed to them by the several counties and places which did chuse them ; that so they may be no longer debarred from discharging their said trusts ; and that vacant places may be speedily supplyed by free and due elections of the people : yet so , ●s none of the persons to be admitted or elected , be any of those who have been in arms , or otherwise aiding , abetting or assisting the late king or his son in the late vvar against the parliament ; or that have put rebellious violence upon the parliament : and that the house so filled , may proceed unanimously to consult the best means for re-setling the peace of the nations , the re-establishment of true religion , ( the surest foundation as of all government , so of all the happiness of a nation ) the fundamental laws of the land , ( whereby all mens rights and liberties are preserved ) and the liberties and freedom of the people , which are supported by those laws . and for these ends , and in discharge of our duty to god and our country , we do resolve ( by the blessing of almighty god ) to joyn with all our brethren in england , ireland and scotland , who have or shall joyn with us for the ends aforesaid ; and do resolve for the maintenance and preservation thereof , to hazard our lives and estates , and all that is dear to us : and we doubt not but all our brethren in the said nations , who disdain to be made slaves , will joyn with us herein , as being with wisdome and reason desirous to deliver over to their posterity that liberty and freedom which was conveyed to them at so dear a rate by our ancestors . and then we trust , that by the great mercy of god , will speedily follow a happy settlement of these yet-miserable and distracted nations ; and consequently , that the true protestant religion in the power and purity thereof , may be established ; the godly , learned and orthodox ministers of the gospel maintained by their tythes , and other their accustomed rights ; their persons supported and countenanced ; the universities , and all other seminaries of learning , cherished ; heresies and schisms suppressed ; needless impositions and taxes on the people , removed ; and no charge to be laid on any of the nations without their own free consents , given by their representatives in their several and respective parliaments : manufactures and publick trade and commerce at home and abroad , advanced ; justice in its due and wonted course , administred ; the just debts of the nation , satisfied ; the treasure and revenues thereof preserved , and returned to their right and proper chanels ; the arrears of the army , and other publick debts , duly satisfied ; the armies and forces continued in due obedience to the supreme authority , and not presume , as some have done , to give laws thereunto , which hath been the root of a great part of our miseries ; the nations enriched , united and strenthned ; the reformed protestant churches abroad supported and countenanced ; the honour of the english nations restored , to the comfort of friends , and terrour of enemies ; the plantation of ireland in the hands of adventurers and souldiers , and other english and protestants advanced , as a further accession of honour and greatness to the english nati●n : and so by the blessing of god , all will shortly terminate in the glory of god , the peace and tranquillity of these nations , the strengthning of them against forreign invasion , and intestine rebellion , and the comfort , contentment and satisfaction of all the good people in these nations . broghill . ●●p . sir mau. fenton col. ralph wilson lt. col. j. widenham lt. col. ben. lucas lt. col. a. barrington lt. col. fr. foulk major will . wade major will . king major n. purdon major r. goodwyn cap. and. ruddock cap. j. wakeham cap. ge. dillon cap. ja. manserghe cap. ro. russel cap. jo. nicholls cap. samps . towgood cap. thomas cullen cap. d. coghlan cap. hum. hartwell cap. tho. lucas cap. will. pope cap. will. hartwell cap. john frend christop. perkins lt. hum. ray lt. jo. zan● lt. rich. wakeham lt. rich. ashwood lt. pat. dowdal lt. zac. holland lt. hen. haward cornet h. fagetter cor. mat. pennefether cor. dane rono ensign bar. foulk ens . john brown ens . ant. shackleton ens . iohn sloughter ens . james banting ens . hen. bindon qu. mr. jason whi●●●● rob. fletcher , com. dublin , printed by william bladen , by special order , and re-printed at london , by john macock . . to his excellency the lord general monck the unanimous representation of the apprentices and young men inhabiting in the city of london. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to his excellency the lord general monck the unanimous representation of the apprentices and young men inhabiting in the city of london. albemarle, george monck, duke of, - . sheet ([ ] p.) printed by tho. ratcliffe, london : anno dom. . [i.e. ] dated at end: this was delivered to his excellency at st. albans, thursday, febr. . . by persons elected for that purpose, and had a very cheerful reception. annotation on thomason copy: "feb: ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no to his excellency the lord general monck. the unanimous representation of the apprentices and young men inhabiting in the city of london. albemarle, george monck, duke of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to his excellency the lord general monck . the unanimous representation of the apprentices and young men inhabiting in the city of london . humbly sheweth , that the glory of our nation , and the greatest comfort of our lives in our civil interests , consists in the priviledges and liberties to which we were born , and which are the undoubted inheritance of all the free people of england , among which the grand and essential priviledge which discriminates free men from slaves , is the interest which every man hath in the legislative power of the nation , by their representatives assembled in parliament : without which , however we may flatter our selves , or be flatter'd by others , we are truly no better then vassals govern'd by the will and pleasure of those who have no relation to us or our common interest . now how much this dear priviledge of the people hath been assaulted by the open violence of some , and secret artifice of others , and to what a deplorable condition we are brought at this present period , when heavy taxes are imposing upon mens estates , and new laws upon our persons without any consent of the people had in a free parliament , and how generally through the said distractions in government trading is decayed , and how much we are likely to suffer therby in our times and places , we cannot but remonstrate to your excellency , constrain'd through the sense of our present sufferings and apprehensions of greater to implore your assistance , most humbly beseeching your excellency by that ancient love you have born to your native countrey , zeal to our liberties , by that great renowne you have lately gain'd in opposing the cruel rageing of the sword by the common cries of the people , and by the hopes and chearful expectation of all england now fixt upon you ; and , lastly , by your own personal concern in the same common cause as a free-born english man , that you would please to use those great advantages divine providence hath now put into your hands to the securing your native countrey from those dangerous usurpations , and preserving us in those liberties to which we were borne . that no tax may be imposed , nor new law made , nor old abolisht but with the consents of the people had by their representatives in parliament , freely to be chosen without terrour or limitations , and freely to sit without any oath or engagement previous to their entrance , without which special liberties the parliament cannot in any construction be esteemed the free assembly of the people ; and by your excellency's asserting of those our undoubted rights in your present advantages , you will certainly by the blessing of god , and unanimous concurrence of the people accomplish our ends , and will thereby gaine the hearts and hands of the whole nation , and the city in particular , and purchase to your self a name that shall make every true english man call you blessed , and posterity shall hereafter delight to recount the famous acts of their worthy patriot . this was delivered to his excellency at st. albans , thursday , febr. . . by persons elected for that purpose , and had a very cheerful reception . london , printed by tho. ratcliffe , anno dom ▪ . a true and perfect narrative of what was done, spoken by and between mr. prynne, the old and newly forcibly late secluded members, the army officers, and those now sitting, both in the commons lobby, house, and elsewhere on saturday and monday last (the and of this instant may) with the true reasons, ends inducing mr. prynne ... thus earnestly to press for entry, to go and keep in the house as he did, and what proposals he intended there to make for publike peace, settlement, and preservation of the parliaments privileges / put in writing and published by the said william prynne ... to rectifie the various reports, censures of this action, and give publike satisfaction ... of his sincere endeavors to the uttermost of his power, to preserve our religion, laws, liberties, the essential rights, privileges, freedom of parliament, and all we yet enjoy, according to his oaths, covenant, trust, as a parliament member, against the utter subverters of them ... prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true and perfect narrative of what was done, spoken by and between mr. prynne, the old and newly forcibly late secluded members, the army officers, and those now sitting, both in the commons lobby, house, and elsewhere on saturday and monday last (the and of this instant may) with the true reasons, ends inducing mr. prynne ... thus earnestly to press for entry, to go and keep in the house as he did, and what proposals he intended there to make for publike peace, settlement, and preservation of the parliaments privileges / put in writing and published by the said william prynne ... to rectifie the various reports, censures of this action, and give publike satisfaction ... of his sincere endeavors to the uttermost of his power, to preserve our religion, laws, liberties, the essential rights, privileges, freedom of parliament, and all we yet enjoy, according to his oaths, covenant, trust, as a parliament member, against the utter subverters of them ... prynne, william, - . [ ], [i.e. ] p. s.n.], [london : . errata: p. [i.e. ]. includes bibliographical references. errors in paging. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- commonwealth and protectorate, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true and perfect narrative of what was done , spoken by and between mr. prynne , the old and newly forcibly late secluded members , the army officers , and those now sitting , both in the commons lobby , house , and elswhere ; on saturday and monday last ( the . and . of this instant may : ) with the true reasons , ends inducing mr. prynne ( a member of the old parliament ) thus earnestly to press for entry , to go and keep in the house as he did : and what proposals he intended there to make for publike peace , settlement , and preservation of the parliaments privileges . put in writing and published by the said william prynne of lincolns inne esq to rectifie the various reports , censures of this action ; and give publike satisfaction to all members of the old parliament , the whole english nation , especially those vianders and free burgesses of the borough of newpart in cornwal , ( who without his privitie , sollicitation , or good liking , unanimously elected him for their burgess , an. . though soon after forcibly secluded , secured , & now twice re-secluded in like manner by the army-officers ) of his sincere endevors to the uttermost of his power ; to preserve our religion , laws , liberties , the essential rights , privileges fre●dom of parliament , and all we yet enjoy , according to his oaths , covenant , trust , as a parliament member , against the utter subverters of them ; by meer armed force , arbitrary will and tyrannical power , through the apparent plots , seductions of our professed foreign popish adversaries and their instruments . psal . . . i will not be afraid often thousands of men , who have set themselves against me round about . psal . . . though an host should encamp against me , my heart shall not fear ; though war should rise against me , in this will i be confident . printed in 〈…〉 . a true and full narrative of what was done and spoken by and between mr. prynne , other secluded members , & army officers , &c. on the th . day of this instant may mr. prynne walking to westminster-hall , ( where he had not been six daies before , ) meeting with some old secured and secluded members of parliament , summoned by king charles his writ and authority , for these only ends ( expressed in all writs of summons to the lords , and of elections issued to sheriffs of counties for electing knights , citizens , and burgesses of parliament , and in the indentures themselves by which they were retorned members ; ) to confer and treat of certain , great and arduous affairs , concerning the defence of the king kingdom , and church of england , and to do and consent to those things which shall happen to be therein ordained by common counsel , ( of the king , lords , and commons , ) touching the aforesaid businesses : which parliament began at westminster the third day of november , . they shewed him a declaration of the officers and counsel of the army , made in such hast and confusion , that they mistook the month wherein they made it , dating it april . instead of may . published by them that morning , ( which declaration the day before , was presented to the speaker of the said parliament , at the rolls , by divers officers of the army , in the name of col : fleetwood , and the counsel of officers of the army , in presence of many members of the said parliament ) containing their earnest desire , that those members who continued to sit since the year . untill the th . of april , . would return to the exercise and discharge of their trust , ( expressed in the foresaid writs and indentures alone by those who impowred , elected , and entrusted them as their representatives , without any other new trust whatsoever , inconsistent with or repugnant to it ) promising their readiness in their places as became them , to yield their utmost assistance to them to sit in safety , for improving the present opportunity for setling and securing the peace and freedom of this common-wealth ; praying for the presence and blessing of god upon their endeavours ; who after they had sate many years in performance of the trust reposed in them by the people , and being in the prosecution of that duty assembled in parliament at westminster , upon the th . day of april . were then interrupted and forced out of the house from that time untill this very day : of which force they seeme in their declaration unfeinedly to repent , by an actual restitution of the members formerly forced thence , much more then of that * greater and more apparent force of whole regiments of horse and foot drawn up to the house it self in a violent manner , where they seised , secured mr. prynne , with above forty , and secluded , forced away above hundred members more of the commons house , only for the faithfull discharge of their trusts and duties therein , according to their oaths , protestations , vows , covenants , consciences ; wherin most think they first turned out of the way , by wandring into other wayes from righteous & equal paths ; which members though they do not particularly invite to sit again , yet they having proved no breach of trust against them , do not in the least measure intimate , that they would forcibly seclude them from sitting if that parliament should be publickly voted still in being by vertue of the statute of caroli c. . as they in their counsel of the army have actually resolved , by their invitation of the members thereof to sit again , as mr. p. & those members who shewed it to him conceived upon their perusal thereof . mr. p. being after informed , that the old speaker and sundry members of the long parliament were then met in the painted chamber to consult together in order to their meeting again in the house , was moved to go thither to them , which he refused , because it was no place where the house of commons ever used to meet or sit as an house , but only as a committe upon conferences with the lords : soon after mr. p. heard by some members and others , that the old speaker and about forty members more , with the mace carried before them , were gon from the lords house into the house of commons , & there sate as an house by vertue of the statute and their old elections by the kings writs ; vpon which there being then above of the old secluded members in decemb. . in the hall ; they did think fit and agree , that to avoid tumult , about . or . of them , in the name of the rest , if freely admitted without any seclusion , or engagement ; in a friendly manner , should desire to know of them , upon what account they did now sit there thus sodainly and unexpectedly , without giving any convenient notice or summons to all the rest of the members to sit with them ? if only by vertue of the act of caroli ch . . thus penned . be it enacted and declared by the king our soveraign lord , with the assent of the lords & commons , that this present parl. now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance thereof , be prorogued or adjourned , unless it be by act of parliament , to be likewise passed for that purpose . and that the house of péers shall not at any time or times during this present parliament , be adjourned , unless it be by themselves or their own order . and in like manner , that the house of commons shall not at any time or times during this present parliament , be adjourned , unless it be by their own order . and that all and every thing or things whatsoever done or to be done , for the adjournment proroguing or dissolving of this present parliament ; shall be utterly void and of none effect : then they intended to send for the rest of the members walking in the hall to come in unto them : and to move , that all surviving members of this parliament , might by joynt consent particularly be sent to , and invited to meet and sit in the house at a convenient day , before any vote or order passed by thē then sitting , thus sodainly convened without any notice ( which would be interpreted rather a surprize , and un-parliamentary practice , both by the absent members and the whole nation , than any obliging parliamentary vote or order of the house ) and more discontent than invite or unite the absent unsummoned members , than unite them , making the rent greater than before . and when they were there assembled , that in the first place they might freely & fully debate this question , ( wherein there were different opinions between the members themselves , and other learned lawyers ; ) whether this parliament was not actually dissolved by the late kings forcible death , ( which is clearly mr. p. his opinion formerly published ) or , whether it was not still in being , by vertue of this act , notwithstanding the kings death , or any other thing or things done already by the army-officers or others for the adjourning , proroguing or dissolving thereof ? if it should upon such debate be voted by the majority of the house to be really and legally dissolved ; they held it their duties and theirs now sitting , to acquiesce therein , and act no farther as a parl. but if voted still in being , they all held it their duty , to sit and joyn their best counsels and endeavours to settle the government , peace , safety of our distracted church and nations , now more shaken , unsetled , endangered in their apprehensions than ever , and would submit their private contrary opinions in this ( as in all other votes ) to the over-ruling judgement of the whole house ; as the only hopefull way to revive the antient constitution , rights , privileges of parliament ; and resettle us upon lasting foundations of peace and prosperity . upon these resolutions alone , & none other , which mr. p. intended to propose to those then sitting , he went to the lobby door of the commons house , accompanied with sir george booth , mr. arthur annesley , sir john evelyn , mr. th. gewen , mr. charles rich , mr. mountague , mr. ri. knightly , mr. hungerford , and one or two more ; which being shut to keep out the people crowding on the stairs to get in , through whom they could hardly pas ; mr. p. knocked twice or thrice , but could get no admittance , till the door being opened to let out m. nye & som other ministers , mr. p. with sir geo. booth and mr. annesly , being formost , pressed into the lobby ; and then the door being shut & bolted again , mr. p. unbolted & held it open till the rest came in ; where they finding mr. john and mr. james herbert standing in the lobby , acquainted them with their intentions to go then into the house , who resolved to go in with them . coming all up towards the house door , which was shut and kept guarded ( as it presently appeared ) by som officers of the army ; mr. p. required them , to open the door to let them in , being all members of the old parliament ; who thereupon demanded ; whether they had continued sitting in it since . to ? m. p. & the rest all answered , that being members of the old parliament , they would give no account to thē or any others of their sitting , but only to the house it self wherof they were members , being contrary to the privilege of parliament , which they & others were obliged inviolably to maintain : upon which demanding their names , they said ; that if they would send in a note of their names to the house , and they ordered them to come in , they should be admitted . whereto mr. p. replied , we yet knew not who were within the house , nor whether they were yet sitting , nor upon what account they sate ; nor was it agreeable with the custom or privilege of parliament for one member to send tickets to his fellow members for free admission into the house , being all equals , and having an equal right freely to enter into it at all times , as well as they ; nor was it their duty thus to capitulate with members , but obey their just commands in opening the door : which they still refusing , mr. p. demanded , who and what they were , being all strangers to them ? and by whose authority , or order they thus forcibly kept them out ? they answered , they were officers of the army , and had sufficient authority to keep thē out , if they had not sate since . till . mr. p. demanded , from whom they had their warrant , since they could have none from those within , being but newly entred ; and none else could give thē such a warrant , nor they within before they heard them , and gave good reason for it ; demanding them to produce their order , if they had any in writing , that they might know by whose authority they were thus forcibly kept out ; demanding their several names twice or thrice , wherwith they refused to acquaint them . upon this m. p. told them , they doubted of their authority , orders thus to seclude thē , because they were either ashamed or afraid to tell thē their names , when as they told them theirs : that they knew not whether they were officers of the army , or not , unless they knew their names , that so they might inquire the truth of it , or saw their commissions : and if they were army-officers indeed , they had published a printed decl. in all their names that morning , inviting ( as they conceiv'd ) all members they formerly secluded , to return & sit again in the hous to discharge their trusts : wherin they professed their former force upon , & seclusion of them , to be a backsliding , and wandring into unrighteous paths ; which they seemingly repented of ; promising to yield their utmost assistance to them to sit in safety ; and praying for the presence and blessing of god upon their endeavours : and if now within few hours after this remonstrance published , they thus highly and publikely violated it in the view of all there present , by returning to their former backslidings and unrighteous paths ; in secluding those who were members afresh , and violating their own declaration , none would henceforth credit them , or it . upon which one of them told m. p. he knew he was none of them who sate since , till . therfore they were not bound to let him in , being not within their declaration . who retorted , he thought their repentance had been universal , not partial ; of all their forces upon the house and members , especially of their greatest dec. . . when they not only secluded , but secured and imprisoned him and more in hell , and other places , & forced away times as many more for discharging their trusts , & asserting the true good old cause ; against their commissions , trusts , protestations , and printed remonstrances ; which if they would look back upon and well consider ( as they proclaim they had don in their new decl. ) they would find to be one of their greatest backslidings where they first turned out of the way , which caused god to withdraw his presence and good spirit from them ever since , and give them up to the prosecution of a new romish good old cavse , which had brought us into that posture , and occasioned those vicissitudes of dangers , and caused god in his providence to make all essaies to settle us , utterly ineffectual ; to convince them of , and reclaim them from their error : which they now pursued afresh , as vigorously as ever : that for his own part after his impisonment by them against both lawe and privilege in . in sundry places , he was again forcibly seised by some of the army in his house in . and kept a close prisoner near . years under armed guards of souldiers in . remote castles farr distant frō those then sitting : therfore they could not make their unrighteous imprìsonment of him then without any cause or hearing , a just ground to seclude him from sitting now . but all these expostulations of m. p. and others , not prevailing , they desired all present to take notice and bear witnes of this high affront and breach of privilege in this their forcible seclusion : and so departing mr. knightly meeting major general lambert in the lobby , complained to him of this forcible seclusion ; who gave him a civil answer to this effect ; that things were now in an hurrie , and their entring at this time into the house might cause some disturbance , but doubted not such course would be taken by the officers of the army in few daies , that none should be forcibly secluded : and so they went from the lobby into the hall from whence they came , acquainting those members they left there with the premises . after some conference with one another , it was thought fit they should meet about . a clock in the evening under lincolns inne chappel , and in the mean time that every one should inquire , what old secluded , or secured members were now in town , and how many members of the long parliament were yet living , chosen or sitting before december . . when they were first forcibly secluded by the army . some met accordingly , and upon conference found , there were about secluded members now in london and westminster ; being near double the number of those sitting that day ; and above members of all sorts yet living , chosen or sitting in the commons house before decemb. . over and above those that now sate ; all which they conceived ought in justice to be summoned by the speakers letter , freely to meet and sit in the house at a convenient time to be agreed upon : in order whereunto some ten of them met in the counsel-chamber of lincolns inne ( where the old speaker used to sit in counsel as a bencher with the rest of the benchers concerning the affairs of the society ) as the fittest place to write down a catalogue of all the surviving members names , by the help of their memories and the printed list of them ; which having finished , they departed , agreeing to meet in westminster hall about of the clock on monday morning , whither m. p. carried the list of the names formerly written , digested into an alphabetical order , to communicate it to other members , those that sate meeting on the lords day , adjourned their house till ten of the clock monday morning : but the courts not sitting in vvestminster-hall that day , mr. p. found the hall very thin , & few members in it whiles he was standing in the hall expecting those who promised to meet there , he was twice informed one after another , that there were no guards at all at the house door , that any person might freely go into it without examination , there being but few members within , and the doors standing open . whereupon he spake to or members there met , to go along with him into the house , and if they were freely admitted , to give notice of it to the rest to follow after if they pleased : some of them were unwilling to go being formerly repulsed , thinking it better to make a narrative of their former forcible seclusion on saturday , and to signifie it by a letter directed to the speaker , subscribed with their names , which mr p. conceived superfluous , since the door now stood feeely open to all without any guards to seclude any , and that , as he apprehended , in pursute of major general lamberts promise to mr. knightly : and it would be idle to complain of that force by letter , wherewith they might now acquaint those then sitting by their own mouthes , if there were cause . vpon which ground , m. prynne , mr. annesly , and mr. hungerford about ten of the clock went to the house , where the doors of the lobby & house were at first knock opened to them by the ordinary door-keepers , upon their telling thē they were members , ( there being no guard at either door : ) who delivered to each of them as members , a printed paper intitled , a declaration of the parliament assembled at westminster , saturday . may , . they found not about . of . of those who sate , within the house , who courteously saluted them : after some short discourses , mr. annesly , and mr. hungerford leaving mr. prynne in the house , ( out of which he resolved not to stir upon any occasion , for fear of a new forcible seclusion ) went back into the hall to acquaint the members in it , they might freely enter if they pleas●d : mr. annesly returning , was forcibly kept out from re-entring by some soldiers , sent thither ( as he conceited ) for that purpose . wherwith he acquainted mr. p. by a note , desiring to speak with him at the house door ; which being opened , mr. annesly pressed to go in to speak with him , but was denied entrance , unless he would give his paroll presently to come out again and not stay in : whereupon he said , though they had often broken their parolls with them , yet he would not break his parol ; but would come forth so soon as he had spoken with m. p. which he accordingly performed . after this mr. p. had conference with divers members as they came in , who said they were glad to see him in health , and meet him there again . the house being thin , m. p. turned to the statute of caroli , c. . reading it to himself ; and after that to two other members : telling them , it was a doubt , whether the old parliament was not determined by the kings death , notwithstanding that act ; which was fit to be first freely debated in a full house , before ought else was done . upon which they demanded , why he came amongst them , if he made a scruple , or thought it to be dissolved ? who answered , to have it fully debated and resolved in a full and free house . after which sir arthur haslerigge coming in , mr. p. saluted and told him , he was glad to meet him again in this place : who presently answered , he had nothing to do to sit there as a member , being formerly secluded . whereto he replyed , he had as good right to sit there as himself , or any other member whatsoever , upon the account of the old parliament , if in being : having acted , written , suffred more in defence of the rights and privileges of parliament , than himself , or any sitting with him . upon which sir henry vane coming in , and stepping up to them , said in a menacing manner : mr. prynne , what make you here ? you ought not to come into this house being formerly voted out , i wish you as a friend quietly to depart hence , else some course will be presently taken with you for your presumption : which sir arthur seconded , telling him , if he refused , that there would be a speedy course taken , and a charge put in against him , for his meetings on saturday , and actings against the house . to which he replied , he had as good , if not a better right to sit than either of them : that he knew of no vote to seclude , nor of any there who had right or power to vote him out , being equally intrusted with themselves for the whole nation , and those he represented : that he was never convicted of any breach of his parliamentarie trust , and hoped they would have both the justice and patience to hear , before they voted him out : and then hee doubted not to make it appear , themselves were greater infringers of their trusts , and more worthy to be voted out than himself . as for their charge and menaces , he was no way affrighted with them : it being as free and lawfull for him and other members , to meet and advise together both as members and freemen of england , for preservation of themselves , the peoples rights and parliaments privileges , when forcibly secluded , as they did on saturday ; as for themselves , or the army officers to meet privately and publickly both in and out of the house , to deprive them of their privileges , as they had oft times done of late : that these high menacing words , were a very ill performance of their new published declaration , delivered him at the door : that they were resolved ( by the gracious assistance of almighty god ) to apply themselves to the faithfull discharge of their legal trust ; to assert , establish and secure , the property and liberty of the people in reference unto all , both as men and as christians : ) which if they should publikely violate , & null by any unjust charge , or proceedings against him , who had saffered so much , both as an english freeman , christian , and member too ( by their years close imprisonment of him without cause or hearing ) under their new free-state , when first erected , and now again upon their very first reviving of it , though a member , only for coming into the house and meeting with other members , to claim their rights : it would highly reflect upon their intended new free state , and make all out of love with it . after which , they going up with other members into the committee chamber , to consult how to dispose of or get him out of the house , about half an hour after they all came down into the house , where mr. p. continued sitting : the speaker being come in the interim , they first concluded to goe to prayers , then to sit as an house : whereupon all taking their places , mr. prynne took his place too where he usually sat before , resolving not to stirr thence : which sir arthur and sir henry observing , after some whisperings with the speaker and others next them ; though the cushion was laid , and order given to call in the chaplain to pray , yet they countermanded it , telling the speaker , it was now somewhat late , and they could dispatch little before dinner : therefore they would by agreement , without any adjournment , presently rise and go to dinner , and then sit in the afternoon about one a clock , and the speaker in the mean time might dispatch a business he said he must needs doe . vpon which they all rising , mr. p. continued in the house till most of them ( being about . with himself in his computation ) were gone out , lest they should return and sit so soon as he was gone , his presence there , being the sole cause of their not fitting . mr. prynne then going out after them , found a guard of souldiers with halberts at the door , and a troop of horse in the pallace yard ; which were purposely sent for to keep out the other members , and mr. p. if he returned , as the sequel proved . mr. p. having acquainted some secluded members in the hall with these passages in the house ; who agreeing to send a letter to the speaker touching their forcible seclusion on saturday , he returned to lincolns inne , where he dined in the hall : immediatly after dinner he repaired to westminster , with a resolution to goe into the house if admitted ; or protest against the force if secluded by the army gards there placed : he found an whole troop of horse , in the palace yard , and a company of foot on the stairs , and court of requests , drawn thither to keep him and other members out ; whereupon he walked in the hall til past . a clock , expecting the speakers coming , with whom he intended to enter ; at last , being informed that he went the back way without the mace , and was gon into the house ; mr. p. to avoid tumult ( a company of unknown persons in the hall going after to see the issue ) went purposely forth towards the abby , till all were gone from the steps ; and then going up only with one of his acquaintance , ( no member ) he found the door and stairs before the lobby strictly garded with red-coats , who with their halberts crossed the door and steps so thick that none could pass : whereupon mr. p. demanded entrance , saying , he was a member ; and they being ignorant who he was , permitted him to pass through their pikes into the lobby , but secluded his friend from going up with him . when he came at the house door to enter , several officers of the army there placed ( one of them sitting in a chair ) told him , that he must not enter , and that they had special order to keep him out of the house : wherupon he protested against this their forcible double seclusion of him , as an high contempt and breach of privilege , contrary to their own and the sitting members declaration published that day ; demanding in the name of all the commons of england , and those for whom he was elected , free admission for himself and other members they kept out by a visible force of horse and foot ; which was a worse and more real levying of warre against the parliament , then the beheaded king or his party were guilty of ; whose imprisoning , prosecution of members of parliament for opposing his unlawfull will , after the parliament : and coming to the house only to demand the . impeached members , without offering force , or secluding any member ; but above all , his labovring the english army to be engaged against the english parliament ; ( being a thing of that strange impiety & unnaturalnes , that nothing can answer it , but his being a foreiner ) with his breach of faith , oath , protestations , in levying war war against and offering force to the parliament only at a distance , without keeping out any by armed gards ) being the principal unparale'ld treasons , for which the most of those now sitting in their very declaration of martii . ( expressing the grounds of their late proceedings against him , and setling the p●esent government in the way of a free state , now cryed up as their good old cavse ) appealed to all the world to judge , whether they had not sufficient cause to bring the k. to iustice ? and execute him as they did : of all which they were formerly & now far more guilty in placing gards of horse , & foot at the parliament doors to keep out him & other members : it being a force and levying of war upon the house it self and members , which would null all their acts and votes , as the sitting members in their declaration & speaker in his letter , an. . ( upon the london unarm'd apprentices tumults at the house doors , though they kept out none ) yea some now sitting in their speeches in the last dissolved assembly at vvestminster , declared very lately : after which some of the officers said , pray talk no more with him : whereto he replies , he must talk a little more to them , in their own language : that the army-officers and counsel themselves had forcibly turned those now sitting out of doors , april . and thus branded them in their declarations and a other papers he had then about him : for their dilatory proceedings in the house , unlimited arbitrary proceedings at committees , their wholy perverting the end of parliaments ; by becoming studious of parties , & private interests , neglecting the publick , so that no door of hope being opened for redress of their grievances , , nor any hope of easing the people in their burdens , it was found at length by these their exorbitances , that a standing parliament was in it self the greatest grievance ; which appeared yet the more exceeding grievous , in regard of a visible design carryed on by some among them , to have perpetuated the power in their own hands , it being utterly impossible in that corrupt estate , that they who made gain the main of their business , should become instruments of our long desired establishment : therefore it became an act no less pious than necessary , for the army now to interpose upon the same equitable ground as heretofore in the like cases of extremity , ( no ordinary medium being left ) to provide for the main , in a way irregular and extraordinary , by their most necessary and timely dissolution . yet notwithstanding all these brands they have publickly layd upon them , ( which they and others never yet wiped of by any publick answer as the formerly secluded members had refuted those base aspersions and calumnies the army had falsely cast on them ) they had now invited those very members to return and fit again without secluding any of them , and engaged to yield them their best protection , as the assertors of the good old cause , who had a special presence of god with them , and were signally blessed in the work : yea as the only instruments for setling and securing the peace and freedom of this common-wealth : therefore they had farre greater reason to call in him and the other first secluded members than thus forcibly to exclude and ascribe and give to them alone the supreame authority of the nation which they have engrossed to themselves without the peoples vote or election in whō alone they have formerly * voted it ; a presage of their subsequent free-state proceedings , when once setled in their government , and a strange contradiction ; wherefore they should much more invite him and others they formerly and now afresh have forcibly secluded , against whom they had not the least exceptions , to settle us again in peace and freedome , which they had done when they sate , had they not secluded them . after which one of the army officers told mr. prynne , he had deserted the good old cause : to which he replyed , that the true good cause for which they were first raised , was only to defend the kings person , kingdom , parliament , all its members , privileges , and secure them against all force and violence whatsoever , which cause they had not only deserted but betrayed , and fought against , contrary to all former engagements , to which cause he adhered , and desired entrance to maintain it . to which he answered , that indeed was once their good old cause ; but now it was not so , for since they had pursued another cause : mr. p. replyed , that then they were real back-sliders therein , and their cause neither old nor good , but bad , new and destructive to the former old one . in conclusion mr. prynne pressed them to tell him their names , which he desired to know ; they answered they would not tell him : he then told them , that certainly their good old cause was in their own judgements and consciences very bad , since they durst not own it by name : they answered , that mr. annesly the last day when they refused to tell their names , as they do now , had inquired out some of them , from whom he might learn them . in conclusion when he could not prevayl , he told them , they declared themselves and those now siting arrant cowards , , and their magnified good old cause to be very bad , since they were afraid of one single person without arms , when as they were a whole army of armed men , and had above voyces to his one , yet were afraid to admit him in , for fear he alone should blow them all up with the breath of his mouth , and goodness of his cause . and so departing , he met mr. prydeaux in the lobby , and desired him to acquaint those within , that he was forcibly kept out of the house by the souldiers , who beset the passages to keep out what members they pleased ; then returning again into the hall , a secluded member he there met pressing him to know what passed in the lobby : he related the sum of what was done and said , which divers pressed about him to hear , and some common souldiers among others ; who when he had ended his relation , said , he was an honest gentleman , and had spoken nothing but truth and reason . after which meeting with colonel oky in the hall ( who came over to transport him from jersy into england , they had some discourse touching his forcible seclusion , and the great scandal and ill consequences of it ; which divers pressing to hear , mr. p. went out of the hall to avoid company , and meeting with the member who drew up the letter to the speaker , perused and signed the fair copy , and so departed to lincolns inne without any company . this being an exact narration of the truth , substance of what passed between mr. p. the army officers , and those now fitting , on the th . and th . of this instant may , both in the lobby , house , and elsewhere , mr. prynne being since necessitated to publish it , to prevent and rectifie the various misreports thereof . he shall now relate , ( as a corollary thereunto ) the true and only reasons then inducing him ( after earnest prayer to god for direction and protection in this grand affair ) to press the admission of himself and other members into the house , to correct the manifold contradictory censures of what he then did and spoke . some have been staggared and amazed at it , as if he were now turned an apostate from his former principles , acting both against his judgement and conscience , to cry up , and make himself a member of that old parliament , which he publickly printed to be dissolved above ten years since , by the kings death ; others have censured it for a rash , foolish , and desperate attempt . a third sort condemn it as a seditious , tumultuous if not treasonable action , prejudicial to the publick peace and settlement , deserving severe exemplary punishments . a fourth classis doome it , as a scandalous act , dishonorable , destructive to our religion . a fifth sort cry it up , as a most necessary , heroick , rational , zealous action , deserving everlasting honor , prayse , thanks from the whole english nation , and a necessary incumbent duty as a member of the old parliament , ( though legally dissolved ) being pretentionally now revived against law , truth , by those very army officers , who six years past ipso facto dissolved , and declared it to be dissolved ; yea have held many new mock-parliaments of their own modelling since , all proving abortive , by forcible ruptures as the long parliament did . it is not in mr. prynnes power to reconcile or controll these contradictory censures ; neither was he ever yet so foolish or vain-glorious , as to be any wayes moved with the censures , opinions , or applauses of other men ; nor so ambitious , covetous , as to pursue any private interest of honor , profit , revenge , &c. under the notion of publick liberty , law , reformation as many have done ; nor so sycophantical as to connive at others destructive exorbitances , guilded over with specious titles ; this being his constant rule , to keep a good conscience in all things both towards god and man , acts . . to discharge his publick trust , duty towards god and his native country , though with the probable hazard of his life , liberty , estate , friends , & what else may be precious to other men ; to trust god alone with the success , reward of his endeavors , to let others censure him as they please ; to fear no mortal or power whatsoever in the discharge of his duty , who can but kill the body , mat. . . ( nor yet do that but by gods permission ) being utterly unable to touch the soul , but to fear him alone who can cast both soul and body into hell. the only ground , end , motive , inducing mr. prynne thus earnestly and timely to get into the house , was no wayes to countenance any unparliamentary conventicle or proceedings whatsoever , nor to own those then sitting to be the old true commons house of parliament , whereof he was formerly a member , as now constituted , much less to be the parliament it self then sitting ; but to discharge the trust to which he was once unvoluntarily called without his privity or solicitation , by an unanimous election , a little before the last treaty with the king , having refused many burgesships , freely tendred to him with importunity , both before his election at newport and since , being never ambitious of any publick preserments , which he might have easily obtained , had he but modestly demanded , or signified his willingness to accept them . after his election against his will and inclination , he came not into the house till the treaty was almost concluded , ( and that at the request of divers eminent members ) only with a sincere desire to do that cordial service for preservation of the king , kingdom , church , parliament , laws , liberties of england , and prevention of those manifold plots of forein-popish adversaries , priests , jesuites , sectaries , seduced members , army-officers , and agitators , utterly to subvert them , which other members overmuch or totally neglected , coldly opposed , or were totally ignorant of : what good service he did in the house during that little space he continued in it , is fitter for others then himself to relate . how fully he then discovered to them the true original plotters , fomenters of that goad old cause , now so much cryed up and revived , how strenuously he oppugned , how truly he predicted the dangerous consequences of it , since experimentally verified beyond contradiction , his printed speech decemb. . . can attest , and his memento , whiles he was a prisoner : for this speech & good service of his in discovering , oppugning the new gunpower-treason then plotted and ripened to perfection , to blow up the king , parliament , lords , laws , liberties , religion at once , violently prosecuted by the force , remonstrance , and disobedient practises of the rebellious army officers and souldiers , he was on the th . of december . forcibly seised on at the lobby-door as he was going to discharge his trust , and caried away thence by col. pride and others . how unhumanly , unchristianly mr. prynne ( seised with other members at the house door decemb. . ) was used by the army-officers , who lodged him ( & them ) in bell on the bare boards all that cold night , almost starved him ( and them with hunger and cold at whitehall the next day , imprisoned him many weeks in the strand , and after seised , kept him ( by a new free-state warrant ) a strict close prisoner in three remote castles nigh three years , for his speech in the house , against their most detestable treasons , and jesuitical proceedings against the king , parliament , privileges , and members of it , is (a) elsewhere at large related : this being all he gained by being a member , and for asserting that true good old cause against the new imposture now cryed up afresh , to turn our antient kingdom into a new republick , and our parliament of king , lords , and commons , into a (b) select , unparliamentary juncto , or forty or fifty members of the old dissipated house of commons , elected , impowred only by the army , not people , to act what they prescribe , to extirpate king , lords , monarchy , magistracy , ministry , laws , liberties , properties , and reduce them all under jesuit ●●oe at first , and our forein enemies vassallage in conclusion . mr. pry●●e then being most clearly convinced thereof , by what he formerly published as a member in his speech and memento , and since in his epistle to a new discovery of free-state tyranny , his jus patronatus , his historical and legal vindication of the fundamental laws , liberties , rights , properties of all english freemen , a new discovery of romish emissaries , his quakers unmasked , and in his republicans good old cause truly and fully anatomised ; wherin he infallibly demonstrates , their converting of our late english monarchy into a new common-wealth , or elective protectorship to be the antient projected moddles of father (c) parsons , and other jesuites , and tho. campanella the italian frier (d) specially recommended by them to the pursuite of the king of spain , who prosecuted it all he could to promote his universal monarchy , and so much rejoyced at it , that he was the first foreign king who presently sent an extraordinary ambassador to congratulate the accomplishment , applaud the constitution of , & enter into a league of friendship with it ; whose flattering panygerick in his great catholique kings name , in prayse thereof , and what an honour it was to them , that he was the first forein prince that owned them for a common wealth , made the commons house so intoxicated , that they gratified him in all his requests , and pursued all his designs , only to ruine us and the netherlands , layd down by campanella , de monarchia hispanica , c. , . by furnishing him with many thousands of irish forces , quarrelling with the hollanders , maintaining above three years bloody wars with them , with infinite losse and expence to both nations , taking the french kings fleet , provisions merely designed for the reliefe of dunkirk , whereby he presently regained it to our prejudice : and on the other hand (e) cardinall richlieu of france , the great incendiary of christendome , and somenter of all our domestick wars in his life ; the french king and mazarine by his instructions in writing after his death , vigorously pursued this very design : his instructions to this purpose ( recorded by (f) conte de galeazzo gualdo priorato , an excellent italian historian ) are very memorable , who relates ; that cardinal richelieu anno . ( after he had involved the king , parliament , and ireland in a bloody civil war ) being near his death , delivered these politick instructions for the king his master to pursue for carrying on his designs in relation to england with successe ; that above all other things he should endeavour to keep the government of great britain divided and dis-united , by ayding the weaker party , that the other might not make it self too powerfull ; by cau●ing the three kingdomes of england , scotland , and ireland to be divided , either by nominating other kings (g) ( elective of another family , accomplished by erecting an elective protector ) or by moulding them into a common-wealth ( as our republicans have formerly and now done again ) yet with this caution , that when they are reduced into a common-wealth , so to order the matter , that it may not be united into one , but divided how punctually cardinal mazarine prosecuted these instructions ever since , and accomplished them at last , the letters taken in the lord digbyes cabinet , * printed by the parliaments order , . and o. cromwels late intimate correspondency with . mazarine , discover . and how much the iesuites and catholicks in france in november . approved , applauded the turning of our hereditary monarchy , which they , irreconcila●ly hated , envyed , as well as the late king , i and turning the old parliament into a new republican representative , and that all their hopes to effect it were in the army , to whom they wished all prosperity therein : you may read in a letter sent from thence by the armies agent to a sitting republican member , soon after published by mr. prynne who got the original . * mr. prynne knowing all this , and clearly discovering a fresh combination between the sectaries , republican , anabaptistical , jesuitical , levelling party , to pursue their designs afresh , and accomplish what they formerly attempted in the short mock-parliament of their own election , creation anno . and what was then passionately recommended to them by k john canne , the anabaptist in his voyce from the temple ( dedicated to them ) as their generation work , which god and all his people then expected and required from them ; even to extirpate the church , & ministry of england , advowsons , glebes , tithes ; and demolish all parish churches as antichristian ; to extirpate the law root and branch under pretext of reforming and new-moulding it ; to sell all corporation and college lands , and set up a popular anarchy , or tyrannical oligarchy among us , under the disguise of the old dissolved parliament , sitting from . till april . . after six years violent ejection of them with highest scorn and reproach , yet now invited by them to sit again to effect these romish designs to our utter confusion , but secluding all those who were like to obstruct or defeat them . upon this consideration mr. prynne as a secluded member of the old parliamemt , wherein he detected oppugned all these treasonable designs heretofore , and since its dissolution by the kings beheading , held it his bounden duty to prevent , defeat them now , and nip them in the bud ; whereupon so soon as those now sitting entred the house , he assayed to go into it , with as many old secluded members as he could , there being of them in london : for although his judgement be , i that this parliament is quite dissolved by the kings beheading , as he oft declared in print : yet since the army-officers and those now sitting with sundry others , pretend it still in being , and under that pretext alone have acted all their publick tragedies , and innovations , he conceived himself bound in conscience upon their concessions , to endeavour to prevent these mischiefs , and do all publick good he might , with better warrant and reason than most ministers , lawyers , justices , magistrates , members of late parliaments , ( as they style them ) have prayed for , complyed with , acted in , under those late governors , governments , & mock parliaments ( as he is confident some now sitting among them in this new convention believe it dissolved , and yet go in only to prevent and allay those mischiefs which others violently pursue ) which their own consciences , and our laws resolve them without scruple to be utterly illegal ; whereas this old parliament , whereof he was a member , was most legallie summoned and convened beyond dispute , and hath the colour of a legal act or parliament for its continuance , which those since have wanted : of which act the greatest part of those now sitting taking advantage , notwithstanding their new instruments , declarations , petitions , advises , addresses , and sessions in other new parliaments since ; and it being a great dispute now among most secluded members , whether that parliament was not yet alive though the king be dead ? the majority of their voyces over-ruling his private judgement , as in all other parliamentary votes and proceedings , gave a present sufficient call , warrant to him and others to enter the house to debate it , and act what and as they did ; which will satisfie all those who censure it as unwarrantable or contradictory to his judgement : especially when they shall hear what he really intended to propose to the sitting members when he got into the house , had they not gone out to prevent it . . he intended to inform them of those destructive jesuitical ends and designs , forementioned , which they were now purposely called in to accomplish , carrying along thomas campanella , richilieus instructions , with other books , papers of theirs , and some printed copies of the republicans and others good old cause truly and fully anatamised , now put out and published , to dis-engage them from its pursute at the first , before they were engaged therein by any votes or actions , if he could but gain audience or patience to hear them pressed on their consciences viva voce . but their unparliamentary adjourning on purpose to prevent it when he was in , and forcibly resecluding him by armed gards when once out , he held himself bound in conscience , to publish that to them and the the world in print , which he was not permitted libertie to speak , as he formerlie did ( when forcibly imprisoned and kept from the house by the armie as now , upon the like account ) in his brief mememto to the present unparliamentary juncto , from his pison-chamber at the kings head ( which they soon after took of ) jan. . . ly . he intended to propose , that all armed gards of souldiers in or near the cities of london or westminster , might by publick proclamation be removed to a convenient distance thence , according to the l antient custome , presidents , and privileges of parliament , prohibiting not only all armed forces , but the very bearing of any arms or weapons in or near the place where the parliament did sit , under severest penalties , lest they should over-awe the members , or any way interrupt their proceedings : which the undutifull mutinous officers , souldiers , now in and near the city , ( though raysed purposely to protect the parliament and its members from all force whatsoever ) have frequently done , nay forcibly secluded , imprisoned , ejected the members themselves sundry times , yea turned the now sitting members out of doors , and now again on saturday last , and this very morning secluded him , and sundry members when they came to enter in . ly . that all the lords , all secured , secluded members of the old parliament , not sitting after decemb. . . now about the city , ( being double in number to those now sitting ) might presently be called and freely admitted into the house ; and all living members of the old commons house elected or sitting at or before that time , might by the speakers letter be desired in all their names , to meet together in the commons house forty daies after , ( the m ordinary time limited in most writs of summons , or resummons of parliament ) and nothing acted or voted in the interval as a house of commons , till they were all assembled , after their ten years seclusion , dissipation by the armies force and war upon them . this suddain , unexpected clandestine , stealing into the commons house , of about , or . members alone , without any general notice given thereof to all the other surviving absent members , or places which elected them ; sitting presently as an house of parliament , accompanied with a present forcible seclusion of all but their own confederates , being a most unparliamentary practice , conspiracy , surprise , unworthy saints , or persons of honour , destructive to the very being , privileges of parliament , injurious to the whole nation , as well as absent and secluded members ; yea contrary to their own republican votes , principles ; n that the supream authority of the nation resides only in the generality of the people : that it cannot be transferred from them to any others , in or out of parliament , but by their free consents and elections : that their representatives in parliament ought to be equally distributed throughout the nation : no member to be secluded when duly elected ; and all things to be carryed only by majority of voyces . contrary to the principles of law , equity , common justice , reason , which resolve , that o publick acts of parliament bind all men , because they all are parties and assenters to them by their election of knights , citizens , and burgesses impowred , intrusted by them , and present when they passed by their common assent ; which they cannot be , when the farre greater number are absent , secluded , and have no notice of their present sitting : contrary to common right , and that just maxime inserted into some antient p parliament writs of summons and elections to sheriffs , quod omnes tangit ab omnibus approbetur , that which concerns all ought to be approved by all . and not only so , but this their surreptitious fraudulent suddain sitting and acting by themselves as a parliament , if they proceeded would make them far more criminal and guilty of highest treason , than king richard the d . of old , impeached and , dethroned in the parliament of h. . amongst other articles for this q that the said king in his last parliament at salop , purposing to oppress his people , subtlely procured and caused to be granted , that the power of the parliament by the consent of all the states of his realm , should remain with certain persons , to determine , after the parliament dissolved , certain petitions delivered in the same parliament , at that time not dispatched . by colour of which concession the persons so deputed proceeded to other things , generally touching that parliament , and that by the kings will , in derogationem status parliamenti , & in magnum incommodum totius regni , & pernitiosum exemplum : in derogation of the state of the parliament , and to the great disprofit , ( prejudice ) of the whole realm , and permitious example : and that they might seem to have some kind of colour & authority for this kind of their proceedings ; the king caused the rolls of the parliament according to his vote , to be changed and deleted , contrary to the effect of the foresaid concession : which is likewise mentioned in the printed act of h. . c. and thus amplyfied ; that a certain power was committed by authority of parliament to certain persons , to proceed upon certain articles comprised in the rolls of the parliament thereof made , and by authority aforesaid divers statutes , judgements , ordinances , and stablishments were made , ordained , and given erroneously and dolefully , in great disherison and final destruction , and undoing of many honourable lords and liege-people of the realm and their heirs forever : wherupon that whole pariament of r. . with all the circumstances and dependents thereupon , were wholy reversed , revoked , voyded , undone , repealed , and annulled for ever . if this then were so high a crime and breach of royal trust in king r. . even by consent and authority of the whole parliament and three estates . subtilly to procure the power of the whole parliment to remain in the hands of certain persons which themselves approved of ; who exceeded their commission and acted generally as a parliment : and if this was a grand derogation of the state of the parliament , a great damage to the whole realm , and permitious example for posterity ; for which in the very next parliament they impeached , deposed him , and nulled all these proceedings for ever . then questionless their former sitting , acting in the commons house from december . till apr. . . and now again , without , yea against the consents , votes of the parliament , estates , & secluded members , their repealing , altering , the very acts ordinances of the lords and commons concerning the treaty with the king , and sundry others ; their nulling the act for trienial parliments , the continuance sitting of the lords in this parlament , their ●eclaring themselves alone to be the parliament of england , beheading the king himself , their dis-inheriting the whole house of lords and their heirs for ever of their parliamentary session , judicature , privileges , as much as in them lyeth ; and thousands more of their real and personal estates ; their forcible secluding , securing the greatest part of their fe●low-members , then , and now again by the armies power , and sitting under their fo●ce ( which by their own declaration of august , and the armies in pursuit the●eof august . the speakers letter , july . . yea sir arthur hasterigges own speech , and others of them , the very two last dayes they sate in the last convention , nulls all they voted or ordered ) must needs be a more execrable transcendent crime by thousands of degreees , a greater derogation to the state of the parliament and its privileges , of more fatal consequence to the whole kingdom , and of far more pernicious example , than this act of his , eternally to be expleded , declared null , void to all intents in it self , and demeriting the highest censures , that the justice of parliament can inflict , being a more superlative treason and high misdemeanour than this kings , or canterburies , impeached by the whole house of commons , and many of them thus act●ng , sitting , r that to preserve himself from being questioned for his trayterous courses , he hath laboured to subvert the rights of parliaments , and the antient course of parliamentary proceedings : this being the last article of his impeachment , for which amongst others he lost his head , which presidents mr. prynne would have pressed them viva voce seriously to consider , at which they must needs stand mute and astonished not having one syllable to reply . ly . he would have propounded , that when all the members met together , they should in the first place debate this point , whether the old parliament were not actually dissolved in point of law , by their beheading the king , notwithstanding the statute of caroli c. ? which though themselves by their former and present sitting by pretext thereof , the army-officers heretofore and now again deny , and many secluded members hold still to be in being , yet for his own opinion he held , and had * published it to be dissolved notwithstanding this act , and to be casus omissus out of it , which he was ready to maintain against all opponents , by these reasons , . because it hath been f●equently resolved by parliaments themselves , the reverend judges , and our law-books , as h rot . parl. n. , , . h. . rot. parl. n. . e. . f. . cooks . instit . p. . by king charles own declaration , junii , caroli , and his judges and counsel then , that the deposition , and death of the king doth actually dissolve the parliament , and that the new king cannot hold and continue the old parliament sitting , or prorogued at his ancestors death , the parliament of r. . being dissolved by his resignation of his crown , and the parliaments of h. . & * jacobi , by the deaths of these two kings , and by like reason the last parliament of caroli by his violent death . ly . because the parliament is no standing court , sitting at certain seasons by positive laws , but summoned , constituted ſ by the kings writs of summons , and royal prerogative , when and where he pleaseth ; and adjourned , prorogued , dissolved by his writ alone in point of law and practise in all ages at his pleasure ; sitting sometimes longer , sometimes shorter , and sometimes prorogued to another day , place , or countermanded after summons , upon just occasions , as the parliament , & clause rolls , the act of caroli c. . and other statutes resolve . now all writs of summons being actually abated by the kings death which made them , as well as all commissions , patents of all judges , justices , sheriffs whatsoever , and other writs , informations in the kings name and behalf , as the statute of e. . c. . cooks report f. , . crookes part. p. , . . . , . and other lawbooks collected by asb , discontinuance de proces . and reattachment . determine . the writs of summons , and likewise of parliament must needs abate likewise : and the lords being made judges , t and the commons * members of that particular parliament only by the kings writ : his death must determine their parliamentary judicature or authority , sitting during the kings pleasure , as well as the judges , justices , sheriffs patents , and all other commissions whatsoever . ly . because every parliament heretofore , & in the reign of k. charls , by the very recitals of the writs , is called : . in the name and by the authority only of the king regnant ( in his natural capacity , accompanied with his politick ) by his christian name , carolus dei gratia rex , &c. expressed in it , not generally by the office king but carolus rex . ly . it recites it to be called v de avisamento consilii nostri : ly . it stiles it nostrum· ly . that the occasion of calling it , was about certain arduous businesses nos et defensionem regni nostri , ( & jura coronae nostrae , &c. in many antient writs ) contingentibus : ly . that his intention in calling it , is quia cum pralatis , magnatibus et proceribus dicti regni nostri , or nostris colloquium habere volumus et tractatum . ly it summons them thus ; vobis mandamus , &c. quod personaliter intersitis nobiscum , or ad nos , such a day and place , nobiscum et cum caeteris praelatis , magnatibus , et proceribus praedictis tractaturi , vestrumque consilium impensuri , super negotiis antedictis . ly the knights , citizens , burgesses and barons of ports in the commons house are summoned to doe and consent to those things which shall happen by gods favour to be then ordained de communi consilio super negotiis antedictis ( in sundry writs stiled by the king , negotia nostra , negotiorum nostrorum , &c. ) which clause is thus explained in claus e. . d. . cl . ● . . d. . cl . e. . d. . cl . e . d. . cl . e. . d. . cl . e. . d. . ad consentiendum biis quae per nos , ac dictos magnates et proceres ordinari contigerit favente domino . from all which particular clauses in the very writs of summons , it is undeniable , that the parliament of caroli , was ipso facts dissolved by the kings death : . because this parliament was summoned particularly by king charles in his natural as well as politick capacity , not in his politick alone , nor yet by or for him , his heirs & successors ; who ceased to be both charles and a king of this realm by his death ly . the counsel by whose advice it was summoned , was his not his heirs and successors counsel . ly . the parliament convened , his parliament alone , not his heirs or successors , both of them ceasing to be his counsel or parliament by his decease . ly . the subject matter for which it was summoned . divers urgent and arduous businesses concerning vs , not our heirs or successors , and the defence of our ( not their ) realm of england : who was no more us , and the kingdom no more his kingdom , so soon as he lost his life . ly . the end of summoning this parliament , was only this , for the king himself to have a conference and treaty with the prelates and nobles , and for them to be personally present with vs , not our heirs or successors , to give vs their counsel , &c. not our heirs and successors : all frustrate , made impossible , and absolutely ceasing by his death : because when once dead , they can neither parlie , conferr , nor treat with the king himself , nor the king with them , nor be personally present with him for that purpose : unlesse they will averr , that a meer dead headlesse king can really confer , treat , parly , consult , advise with his living prelats , lords , parliament , and they with him , & be parliamentally present with each other in the lords house neither of which they dare admit into it , for fear the king if living , and lords too , should afright them out of it , as the kings ghost , yea the memorial of it though dead , might justly do . ly . the mandatory part being in the kings name alone ; to summon them to treat with and give their counsel unto vs concerning the foresaid businesses relating to vs and the defence of our realm , our businesses aforesaid , not our heirs and successors he and his businesses all ending when he expires , the parliament must of necessity determine . ly . the parliament ceasing to be the common counsel of the king and his kingdom , and nothing possible to be ordained by us , ( the king , not his heirs and successors ) prelates , nobles in parliament , without his concurrent vote , or when he is dead ; unless a dead king can give counsel , make ordinances , give his royal assent to bills when deceased . it must inevitably follow , that all the authority , causes , grounds , ends for which the members of this parliament were all summoned to treat , consult , and give their advice to the king himself determining , and becoming impossible to be performed by his death ; the parliament must of necessity expire and be dissolved , even as the natural body ceaseth to be and remain a living man when the head is quite cut off : if then those now sitting ( who cut off the kings head , the head of the parliament , and thereby destroyed that temporary body politick ) will have their conventicle revived by this act , they must set on his head again , raise him alive out of his grave , and bring him back into the house , to impeach , condemn , decapitate them in this true high court of justice for this their beheading him in their court of highest injustice . which mr. prynne presumes they dare not doe , least his revived ghost should scare them thence , or justly retaliate their transcendent treachery . ly . if any man by his will , deed , the king by his commissions , the parliament by a special act or order , shall a authorize , impower any . persons joyntly to sell lands , give livery and seisin , execute any commission , as judges , justices , commissioners , auditors , or committees of parliament , if any one of them die ; both the survivors joyntly or severally can doe nothing , because their authority , trust was joynt , not several , and joyntly , nor seperately to be exercised . if there be not commoners in the house , they cannot sit or act as an house , nor dispatch the least affair ; no more can any committee of either house , unless their number be sufficient to make up a committee , as the orders and custom of parliament appoint : therfore , the parliament of england being a * corporation , compacted joyntly of the king , lords , and commons house , and three estates , the death of the king necessarily dissolves the parliament , notwithstanding this act , which did not alter the parliaments old constitution , but establish it . the b kings personal absence from his parliament heretofore and of late , was reputed very prejudicial to it ; and his calling away some lords , great officers , and other members from it , a high way to its present dissolution , in his life . therefore it must much more be dissolved by his death ; and the lords and commons forcible seclusion both before and since it by the army and sitting members ; they having c vocem & locum in quolibet parliamento angliae , as our law-books , statutes and their patents resolve . ly . the principal end of calling parliaments is , to enact new and necessary laws , and alter , repeal such as are ill or inconvenient ; as the prologues of our printed statutes , our writs of summons , law-books , attest , and all accord . but no new act of parliament can be made , nor no former acts altered , repealed , but by the kings royal assent ; who hath a negative voice to deny , as well as affirmative to assent to them , as well as the lords and commons , as all our parliaments , judges , d law-books , parliament records , treatises of parliaments , the printed statutes in each kings reign , more particularly , the statutes of h. . c. . jac. c. . in the close resolve ; yea , e both houses acknowledged it in all contests with the late king , our kings coronation oaths , and all our antient saxon kings lawes attest it . therefore his death must needs dissolve the parliament , notwithstanding this act , because it could make no act for its dissolution , nor declare , alter , repeal any other law , without his royal assent . there are but . objections made by any sitting or secluded members against these reasons , that his death should not dissolve the parliament . the . is this , which the republicans themselves formerly and now insist on , that the king doth never die in judgement of law , and that there is no interregnum , because the crown immediately descends to his right heir , who by law is forthwith king de jure and de facto , before his actual proclamation or coronation ; as the statute of jacobi ch . . cooks rep. f. , . calvins case , and other books resolve . to which mr. prynne answers . that this argument is but an axe to chop off their own heads , and supremacy , as they did the kings ; and the objectors now sitting must either renounce their sitting , acting , knacks , declarations against the late king , kingship , and the house of lords , or quite disclaim the objection : for if the king never dies : then by their own confession and our lawes , we are still a kingdom , not a republike ; yea charles steward , as heir to his beheaded father , was and is still de jure & de facto the lawfull king of england , and supreme lord and governour of our church , kingdom , there being no interregnum , ever since his fathers death ; and then what becomes of all their absurd , illegal knacks against his regality , and kingship it self , ( of which they are forced now to pray in ayd to make themselvs a parliament ) of their mock-parliament , without king and house of lords ; of their perfidious treacherous engagements against both , and supreme authority of the nation which they have tyrannically usurped ? ly . though the king in genere , or rather kingship it self , never dies , yet the x king in individuo may , and doth oft times die : and if the successive deaths of all our kings since we were a kingdom be not a sufficient proof thereof ; the very objectors and john bradshawes y beheading the late king , and putting him to such a shamefull publike death , as no pagan nor christian lawfull king of england ever formerly suffered by perfidious , perjurious , treacherous subjects since it was an island , ( against our laws and votes of parliament in the highest court of injustice created by them for that end ) is a sufficient evidence , that the king of england dieth as well as other men , ( as they all must likewise doe in gods due time ) unless they will make the world believe to expiate their treason , that they did not kill the king in cutting off his head , but that he is still alive , because some others ( as is reported ) did reunite and sow it to his bodie , when severed from it by them . but of this enough , since m. p. presumes they will henceforth rather renounce their parliaments being , than bottom its present existence upon this z bloudy foundation , and their exploded kingship . the d . objection is from the words of the statute of caroli , c. . which declareth , enacteth , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament : in the negative : ergo , it shall not be dissolved by the kings death , being no act of parliament , nor any act of parliament yet made for its dissolution . whereunto mr. prynne answers : . that the sole end , scope of this act was not to provide against the dissolution of the parliament by the kings natural , or violent untimely death , not then thought of , ( he being in perfect health , likely to live many years by the course of nature , and to survive all the ends for which this act was made , ) but to raise credit for the parliament to provide monies by this act , to prevent the untimely dissolution , proroguing , adjourning of this parliament by the kings own regal power : he having prorogued , dissolved all former parliaments during his reign in discontent , by his regal power ( not death ) against the lords and commons wills . ly . this is intituled , an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament , and the prologue , body of the act , provide joyntly and severally against all three , to wit , the untimely proroguing , or adjourning , as well as dissolving of this parliament . but no parliament ever was , is , or possibly can be untimely prorogued , or adjourned , by the kings death , but only by his actual regal will and power : therfore the dissolving of it , intended by this act , must be only an untimely dissolution by his actual will , commission , writ , and regal power , alone , by which his former parliaments were prorogued , dissolved against the lords and commons assents , not by his death , whether natural or violent , being against his will , and no part of his regal supremacy , but only of his human frailty ly the inconveniences the commons feared would ensue by the untimely dissolution of this parliament , and endeavoured to prevent by this act , are thus expressed in the prologue . where as great sums of mony must of necessity be suddainly advanced and provided for relief of his majesties army , & people of the nothern parts of this realm , and to prevent the imminent danger this kingdome is in , and for supplying of other his majesties present and urgent occasions , which cannot be so timely effected as is requisite , without credit for raysing the said mony : which credit cannot be obtained , untiil such obstacles he first removed as are occasioned by fears , jealousies , apprehensions , of divers of his majesties subjects , that this present parliament may be adjourned , prorogued , or dissolved , ( . ) before justice shall be executed upon delinquents , ( ly . ) publike grievances redressed , ( ly . ) a firm peace between the two nations of england and scotland concluded , ( ly . ) and before sufficient provision be made for the repayment of the said monies , so to be raysed : all which the commons in this present parliament assembled , having duly considered , do therefore humbly beseech your most excellent majesty that it may be declared and enacted . and be it therefore declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by authority of the same , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose , &c. by which it is undenyable , . that the commons when they petitioned for , the king when he declared , enacted , & the lords and commons when they assented to this act , did never think of , or intend to provide against a dissolution of this parliament , by the kings untimely death , nor of a future dissolving it by an act of parliament by his successors or others after his decease ; but on the contrary , presupposed the continuance of his life , and of this parliament thereby , till all the inconveniences they recite were prevented , and a new act passed by him and them jointly to dissolve this parliament when these inconveniences were prevented and things effected : which is irrefragable , . because they declare in terminis , the speedy advancing and providing of monies , for the relief of his majesties armies , and people of the nothern parts ( not their subsequent armies ) and the supply of his maiesties present and urgent occasions , ( not their own ) and the fears , jealousies , and app●ehensions of divers his maiesties loyal subiects , & c. ●o be the only ground of their humbly beseeching his maiesty for this act. all which presuppose his life , being , preservation , and the commons great care of complying with him as their soveraign lord , without the least thought of his untimely death since happening , or secluding the king or his poûeritie , out of this and all future parliaments by colour of this act , as those now sitting have done point-blanck against it . ly the fears , jealousies , and apprehensions they had occasioning this act , were only these , that this parliament might be adjourned , p●orogued , dissolved , . before justice shall be duly executed upon delinquents , ( then in being and complained of , as strafford , canterb●ry , the ship-mony judges and others , not new delinquents since , not then dreamed of . ( ly . ) before publick grievances redressed ( hose then complained of , not others arising afterwards . ) ly . before a firm peace between the two nations of england and scotland concluded , ( by reason of the former not subsequent breaches between them and the king ) ly . before sufficient provision to be made for the repayment of the said monies to be raised , ( not for the parliaments subsequent armyes and occasions ) but for his maiesties army and people in the north , the preventing the then imminent danger of this kingdom , ( not of our new common-wealth , or dangers since arising ) and for supply of other his maiesties present ( not future ) and urgent occasions . but none of these four particulars could be accomplished by the lords or commons alone af●er his majesties death , but by the king alone , or by his concurrence with them whiles living : yea they were all actually accomplished in his life time , long before his death . the first , by the executions of strafford and canterbury ; the impeachments , censures of the shipmony-judges , and other delinquents both in scotland & i●eland , the d . by the * acts abolishing shipmony , & the taking of tonnage , poundage , and other taxes without act of parliament : the acts for the preventing of inconveniences , happening by the long intermissions of parliament : for regulating of the privy-counsel , taking away the court of star-chamber , and high-commission , against divers incroachments and oppressions in the stannary court : for the certainty of forests and their meets and bounds : for the better ordering and regulating the office of the clerk of the market ; for reformation of false weights and measures , for preventing vexatious proceedings touching the order of knightship , for the abbreviation of michae●mas term , and for the free importation of gunpowder , and salt-peter from forein parts , and making of them in england . by all these good acts passed f●eely by the king soon after or before this act , he fully redressed all grievances then complained of , or intended within this law. the d. by the act of confirmation of the treaty of pacification between the two kingdomes of england and scotland . the th . by the several acts passed for the relief of his majesties army , and the northern parts of this kingdom ; for the better raising and levying of mariners and others for the present guarding of the sea and necessary defence of the realm ( not republike ; ) for the subsidies of tonnage and poundage granted to the king , for the speedy provision of money for disbanding the armies , and setling the peace of the two kingdoms of england and scotland ; for securing such monies as are due to the inhabitants of the northern counties , where his majesties army have been billetted . and for securing by publike faith the remainder of the friendly assistance and relief promised to our brethren of scotland ; all passed and published by the king himself , anno & caroli . & . at least . years before his beheading : it is most certain , that all these ends of making this law , ( as the prologue thereof , and the word therefore in the commons prayer , infallibly declare ) were fully accomplished by the king in his life , so long before his untimely death : therfore none of thē now remaining to be performed ; & all acted since their accomplishment by those now sitting , being diametrically contrary to this act , these ends , and occasions of it ; this parliament must of necessity be beheaded , expired with the king ; and cannot survive his death . ly . the words , that this present parliament assembled shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose , nor shall at any time or times during the continuance thereof , ( twice recited in the subsequent clauses ) be prorogued , or adjourned , unlesse it be by act of parliament to be passed for that purpose ; can be intended of no other but that present parliament , which passed this act : which consisted of the kings maiesty our soveraign lord ( by whom this and all other acts passed or to be passed , was declared and enacted ; and this intended act likewise ) not of his heir or successor after his death ; and of the lords and commons house then in being ; not any new house of lords or commons succeeding after their deaths then sitting : therefore when the king was cut off by an untimely death , and thereby an impossibility accruing to dissolve it by an act of parliament within the words or intent of this act ; it must of necessity be dissolved by his beheading : impossibilities making acts of parliament to perform them meerly void , as our lawe makes n impossible conditions ; ly . this act and those who made it , must have and had a retrospect to the writs whereby it and they were summoned , and the ends , things therein expressed : but they all determined , and became impossible after the kings beheading ; therefore the parliament must be destroyed with him : since cessante causa , o cessat effectus , & cessante primativo , cessat derivativum , as all our lawyers , law-books , and natural reason resolve . ly . the last clause of this act , that every thing and things whatsoever done or to be done , ( to wit , by the king or any other ) for the adjournment , proroguing , or dissolving of this present parliament , contrary to this act , shall be utterly void and of none effect , do clearly ex●lain the meaning of this act to be this , that it extends only to things done or to be done by the kings will and power , as to his commissions proclamations , writs , warrants , precepts , to adjourn , prorogue , or dissolve this parliament , ( as he had done others heretofore ) here declared to be utterly null and void ; not to his death wherein he was only passive , being forcible against his will and the parliaments too : which death no parliament can make null and void , in respect of the act it self ; so as to restore him to life , though the whole parliament , and our three kingdomes may and ought to null it , in respect of the illegal manner of his execution , not to be paralel'd in any age. ly . the commons themselves in their d remonstrance of the state of the kingdom decemb. . declared , that the abrupt dissolution of this parliament is prevented by another , ( this ) bill ; by which it is provided , it shall not be dissolved , adjourned , without the consent of both houses : yea the lords & commons in their e declaration of may . . declare , that excellent bill for the continuance of this parliament was so necessary , that without it we could not have raised so great sums of monies for his majesties service , and common wealth as we have done ; and without which the ruine and destruction of the kingdome must needs have followed ( as since of the kingdom , and parliaments too by pretext thereof . ) and we are resolved the gracious favour of his majesty expressed in that bill , and the advantage and security which thereby we have from being dissolved ( by him ; ) shall not encourage us to do any thing which otherwise had not been fit to have done , which whether these formerly & now sitting have performed , let their own consciences resolve . after which the lords and commons in their humble petition to his majesty , f jun. . . desire , that your majesty having passed an act , that this parliament shall not be dissolved but by act of parliament , your majestie would not do any thing tending thereunto , by commanding away the lords and great officers whose attendance is necessary thereunto . ( therefore the sitting members abolishing the whole house of lords , and their secluding most of the commons members by this petitions concession must dissolve it , both lords and commons in their declaration g th . maii , . adde . we hope the people will never be carryed away with a noyse of words against the parliament , to make any such equitable construction of the act for the continuance of this parliament ; as may tend to the dissolution thereof , ( by the declaration of the king , which they answer in this ) and their own destruction therein . by all which passages it is apparent , that this act provided against every thing or things , done or to be done by the kings will or prerogative , without the houses consent for the dissolution of this parl. not against its dissolution by his death . ly . the king ( and his party too , ) did thus interpret it more than once in these passages . h in his majesties own answer to the declaration of the lords and commons of may , . we expressed a great trust in our houses of parliament , when we devested our self of the power of dissolving this parliament , which was a iust , necessary , and proper prerogative : to wit , when done by vertue of his prerogative , which this act devests him of , not by a natural much less a violent death , no part at all of this prerogative , but highest act against it , to its and his dissolution . i in his answer to the petition and propositions of both houses , . june . we were willingly contented to oblige our self for the present exigent to raise monies , and avoid the pressure ( no less grievous to us than them ) the people must have suffered by a long continuance of so vast a charge as two great armies , and for the greater certainty of having sufficient time to remedy the inconveniences , when during so long an absence of parliaments , as for the punishment of the causers and ministers of them , we yielded up our right of dissolving our parliament , expecting an extraordinary moderation from it in gratitude , for so unexpected a grace , and little looking that any malignant party should have been encouraged or enabled to have perswaded them . first to countenance the injustices and indignities we have endured , and that by a new way of satisfaction for what was taken from us , to demand of us at once to confirm what was so taken , and to give up almost all ( and now more than all ) the rest . and in his answer to their k petition of june . for that part of the petition which seemed to accuse his majesty of a purpose to dissolve this parliament ( contrary to the act for the continuance ) by commanding away the lords and great officers whose attendance is necessary ; which his majesty knows to be a new calumny , by which the grand contrivers of ruine for the state hope to seduce the minds of the people from their affection to , and jealousies of his majesty , as if he meant this way to bring his parliament , ( which may be the case of all parliaments ) to nothing . it is not possible for his majesty more to express himself thereunto , and his resolution for the freedom , liberties , and frequency frequency of parliaments than he hath done . and who now considers how visible it must be to his majesty , that it is impossible for him to subsist , without the affections of his people , and that these affections cannot possibly be preserved or made use of , but by parliaments , cannot give the least credit , or have the least suspition , that his majesty would choose any other way to the happiness he desires to himself and his posterity , but by parliament . from all which premises it is apparent , that the king himself and both houses of parliament did never intend by this act to prevent the dissolution of this parliament by the kings natural death , ( the act of god they could not prevent ) nor yet by his violent beheading ( which then they neither intended nor foresaw ) but by his own voluntarie act and royal prerogative , by which he formerly adjourned , prorogued , dissolved parliaments at it his pleasure . ly . it is resolved in our law-books , that if an act of parliament refer to or confirm a thing which is not , or a thing which is utterly against common law , reason , justice , as for a man to be a judge or witnesse in his own case ) or a thing that is mis-recited , or repugnant , or impossible to be performed , there the common-law shall controll and adjudge such an act to be meerly void , plowdon f. , , . cook reports , f. . a. b. ash . parliament , . hobards reports p. . , . but it is repugnant to reason , justice , nature , the intention of the writs of summons , yea a thing impossible , that the king should treat and confer with his parliament after his death , or the parliament not determine by it . therefore were it particularlie provided for by this act , it had been void in law , ( as if this act of parliament had declared , that a mariage between man and wife shall not be dissolved by the death of either of them , but continue indissolvable by death , against nature , experience , scripture , rom . , , . ) much more then when not expressed nor intended by this act , as the premises evidence . xly. admit the parliament still continuing by this act , yet those now sitting neither are nor can be so much as an house of commons , much less the parliament within that act , for these unanswerable reasons , . the house of commons within this act , were a full and compleat house , consisting of above members ; those now fitting in may , & . but . viz. mr will. lenthal , quondam speaker , * henry martin , lord monson , mr. chaloner , mr. heningham , alderman atkins , alderman penington , th. scot , corn. holland , sir arthur haslerigge , sir henry vane , sir james harrington , mr. whitlock , mr. prydeaux , mr. lisle , col. ludlow , mich. oldsworth , john jones , wil. purefoye , col. white , henry nevil , mr. say , mr. meston , mr. brewster , col. bennet , serjeant wilde , mr. goodwin , mr. lechmore , col. ingoldesby , mr. blagrave , mr. gold , col. sydenbam , col. byngham , col. ayre , mr. smith , augustine skinner , mr. down , mr. dove , iohn lenthal , rich. salaway , iohn corbet , col. walton ; there being . members more of the old parliament yet living , besides those who are dead . ly . those then sitting went in openlie like a house , upon daies general summons by writs , setting without gards , secluding none of their fellow-members by force . those now sitting stole sodenlie into the house , in a surreptitious manner , without any notice given to the people of the nation , or to those for whom they formerly served , or to the absent members , or those then in london , or westminster-hall , who were not of their combination : setting gards of army-officers at the door , ( who conducted them thither , ) and presently secluded mr. prynne , and the other members who upon the first notice of their sitting came to know upon what account they sate : taking forcible possession with souldiers , and strong hand of the commons house , and keeping themselves in possession thereof by force against the secluded members & majority of the house , contrary to the statutes of r. . c. . r. . c. . h. . c. . eliz c. . against forcible entries and deteiners ; the statute of e. . the libertie , privilege , rights , and usage of parliaments : a practice utterlie unseeming such transcendent saints , patriots of publick liberty , as they boast themselves , & that honor , justice , honestie , synceritie , gravity , wisedom , which becomes all members of a parliament , and reformers of all publick grievances , frauds , and indirect practises in others . ly . that old house of commons had a special care of providing for the kings armie , his urgent and present occasions : professed themselves his loyal subjects , and him to be their king and soveraign lord ; humblie besought his most excellent majesty , that it might be declared and enacted by him , that this parliament might not be dissolved , prorogued , or adjourned , but by act of parliament ; acknowledging they could make no such act without his majesties royal assent , and that both the king and lords house were essential members of the parliament within this act. but those sitting since . till . and now again thus entring the house , by pretext of this act , have renounced , abjured , and professedlie engaged against all this , to which they are direct antipodes ; therefore no commons house within this act. ly . the commons house within this act , was that house which was then in being when this act passed , dulie elected by the people by the kings writs , not the armie-officers , and pursued the self-same ends recited in the preamble , for which this act was made and assented to by the king and lords . but this new house was created , constituted , not by the kings writs , or peoples election , but the armies swords , and conspiracie , years after this act first passed ; then disowned , and turned out of doors above years by the army ; and now re-inducted into it by their armed votes and force to serve their ends , not to pursue those mentioned in the act , accomplished many years since , and now becoming impossible . therefore they are not so much as an house of commons within this act , and the armie-officers and souldiers who formerly thrust them out , & now recall them ; may do well to consider that gospel-text , gal. . . if i build again the thing i destroyed , i make my self a transgressor , even against this very law , as well as the law of god , and other laws of the land. xi . if they are not so much as a commons house of parliament , much less then are they the lawfull parliament of england , in anie sense within the letter or meaning of this act , no more than so manie of the old gunpowder popish-traitors , ( had their treason taken so good effect in blowing up king iames , the lords whole house , and majoritie of the commons house there assembled , as their late new powder-plot hath done ) had been the onlie lawfull parliament of iac. they destroyed , in case they had entred then into the commons house with the mace before them , and created , stiled themselves alone the parliament of england , as a right devolved unto them by conquest or succession ; which had they presumed to do , no doubt the whole english nation * would have risen up against them as one man , and never have so far dishonored themselves , their religion , or countrie , as to own and submit to those jesuitical romish-traitors , only for destroying of their lawfull king , lords house , and english parliament it self , as the onlie true old english parliament then re-assembled . the reasons are unanswerable , . because the whole house of commons then sitting in its primitive splendor , fullnesse , freedome , was by its own quadruple acknowledgement in it , no more but the commons house , and one member of this parliament , not the parliament it self ; never owning , owning , but professedlie disclaiming it self to be the parliament , or present parliament within this act. ly . because this act was made not by the commons alone without the king or lords concurrence , but by the king as their soveraign lord , declaring and enacting , and the lords and commons , as jointlie assenting thereunto . ly . because it is most absurd to conceive , that the king and lords by passing this act , to continue this parliament as then constituted , till dissolved by act of parliament , did * ever intend to seclude themselves quite out of it , or to make the commons house alone an absolute independent parliament , without both or either of them ; though five times speciallie providing by name for their parliamentarie interests ; or that they or the commons intended to make each of themselves a distinct parliament without the other , and so to erect three new parliaments at once , by providing against the untimelie proroguing , adjourning , or dissolving of one ; the king and lords both jointlie and severallie having the self-same arguments from this act to prove each of them a several or joint parliament without the commons , by the commons own intention in passing this law , as the commons have to justifie themselves to be a parliament , now they have secluded and engaged against them both , and will admit of neither as members of their parliament , when as this verie act preciselie prohibits the king to dissolve , prorogue , or adjourn the parliament , or either house therof ; or the lords to prorogue or adjourn , much less dissolve the commons house , or the commons to prorogue or adjourn , much lesse dissolve the lords house , declaring and enacting , that at any time or times during the continuance of this parliament , the lords house shall not be adjourned ( nor yet the commons house ) but onlie by their own respective orders , and by themselves alone , declaring , enacting everie thing and things whatsoever done , or to be done to the contrarie , to be utterly void and of none effect . ly . because this act both in the title , prologue and body , prevents onlie the untimely proroguing , adjourning , and dissolving of this present parliament at any time or times during the continuance of it , but by act of parliament or themselves , stiling it . several times , this present parliament , and giving it no other title , yea it preciselie describes it to be , a parliament onlie of king , lords , and commons , as it was when this act was made , and so to continue till its dissolution . but the parliament now sitting , was not this present parliament , being not then known , heard of , nor imagined ever to start up in after-ages , by any who made or consented to this law , it being created onlie by the armie years after this act , and now revived full years after it , without anie king or house of lords , and protesting , engaging against them both as no members of it . neither can they pursue any one of those ends for which this parliament was continued . therefore they are doubtlesse beyond dispute , no parliament at all within the words or intention thereof , their own consciences , reason being judges , ( whatever they pretend ) nor yet by their own republican principles , a free and equal representative of the people . ly . by the a law and custom of all nations , nature , reason , justice , equitie , the laws of england , and of all publick or private ecclesiastical , civil , or militarie councils or corporations , the majority of persons , members , voyces , votes , are alwayes reputed the parliament , council , synod , corporation , and do , yea ought of right to bind the lesser part ; as well in making laws , ordinances , as elections , and all else that concerns the publick . yea the general and general counsel of the army-officers in their petition to those and others now sitting in parliament , and draught of an agreement of the people for a secure and present peace , framed , prepared , and presented to them , to be established and subscribed by the people , january . . not onlie subscribed thereto : but proposed , b that members at least be alwayes present in each sitting of the representative , at the passing of any law or doing of any act whereby the people are to be bound , saving that the number of sixty may make the house for debate ; or resolutions that are preparatory thereunto . therefore the members secretlie skipping into the house , secluding the rest , may , & being not the th part of the members of the old parl. now surviving , by all nations laws , consents , can be no parliament , nor house of commons within this act ; nor pass anie thing to bind the majoritie of the members or people in anie kind whatsoever ; what ever anie imprudent , illiterate , shameless , namelesse scriblers , or themselves ( against their own reasons , * consciences , iudgements , principles , resolutions ) pretend to the contrarie : but dare not once affirm in good earnest . it being a received maxime in all ages c populi minor pars populum non obligit . ly . it is a rule in our d lawbooks , that all statutes ought to be interpreted according to reason , and the true mind , meaning , intention of those that made them : but it is most certain , that it is against all reason , and the true intents , minds , meaning of the makers of this law , to make a parliament without a king , or house of lords , or majoritie of the commons-house : or that all or anie of them , when they made this act , did ever dream of such a juncto as this now sitting ; or to seclude themselves , and resign up their own interests , freedoms , privileges , right of sitting in parliament with them , to constitute them the onlie parliament of england , as everie line , syllable throughout the act demonstrates . therefore they neither are nor can be a parliament within it , neither can the bedlam , turkish , bruitish , unreasonable argument of the longest sword , or armie-logick , nor the petitions , addresses of any crack-brain'd sectaries , and vulgar rabble of inconsiderable illiterate people , nor the presence of anie lawyers sitting with , or acting under them as a parliament , to their own and their professions dishonour , make them so in their own , or any wisemens , or judicious , honest lawyers judgement whatsoever . and therefore out of conscience , shame , justice , prudence , and real christianitie , ( have they anie left ) they must needs disclaim themselves to be a parliament , and no longer abuse the nation , or others under their disguise . all with mr. prynne , if admitted would viva voce have pressed home upon them , but being forcibly secluded by their gards , because unable to answer or contradict his law or reason , he now tenders to their view , and the judgement , resolution of the whole english nation , to whom he appeals , with this publick protestation . that if they will freely call in all the surviving members of the lords and commons house , sitting till december . without secluding anie by force , or new unparliamentarie impositions or seclusive engagements , which they have no power to impose : if they upon a free and full debate shall resolve , the old parliament to be still in being , and not actually dissolved by the kings beheading , notwithstanding his premised reasons to the contrarie ; he will then submit his private iudgement to their majority of voyces in this , as well as in all other parliamentary debates , and contribute his best assistance and advice as a fellow-member , to heal the manifold breaches , prevent the approaching ruines of our indangered church , realms , parliaments , laws , liberties , peace , and establish them upon better foundations than those now sitting ( to promote their own and the armies interests rather than the peoples or nations ) are ever likely to lay . who if they can prove themselves a true and lawfull english parliament within this act , without either king or house of lords , or this their clandestine , forcible entry into and seclusion of their fellow-members out of the house , and actings in it to be lawfull , equitable , righteous , honorable , parliamentarie , christian , and such as well becomes either saints , members , or true good englishmen , by anie records , parliament rolls , acts , presidents of like kind in former ages , law-books , customes , common or civil-law , scripture , divinitie , reason , ethicks , policks ( except machiavils , and the sole argument of the longest sword , the most bruitish , unjust , unchristian , turkish of all others ) mr. prynne will then publicklie declare them to be that in truth , which as yet he neither can nor dares to acknowledge them to be so much as in appellation , either as a member of the old parliament , a covenanter , a protester , a lawyer , a scholar , a man , an englishman or a christian . and hopes , that upon the perusal hereof they will as much disown themselves to be the parliament within this act , or anie lawfull parliament of england even in their judgments , consciences , much more in actings , for the premised reasons , as he or anie other secluded members do ; not out of anie spirit of contradiction , but conscience , and common dutie to themselves , and their native country . that which principallie elevated , yea inflamed mr. prynnes zeal , both now and heretofore , with all his might to oppose all late publick innovations , changes of our antient government , parliaments , laws , was this sad and serious consideration , which he shall with all earnest importunitie intreat , advise all army-officers , souldiers , sitting or secluded members of the lords or commons house , with all well-affected persons to the safetie , settlement of our religion , church , state , throughout our three nations , most seriouslie to lay to heart , and engrave upon their spirits , not to read it as they do news-broks , ( only to talk of them for a day or two ) but as they read the evidences of their inheritances , whereby they hold all their earthlie ( yea heavenly ) possessions , that they may remember , act according to it all their lives . that william watson ( a secular priest of rome ) in his dialogue between a secular priest and a lay gentleman , printed at rhemes , . in his a quodlibets , printed . and william clerk a secular priest , in his answer to father parsons libel , . p. . &c. ( then best acquainted with the iesuites designs against england of all others ) did in precise terms publish to the english nation , in these their printed books , a that father parsons the english jesuite , ( the most active professed enemie to our english kingship , kings realm , church , religion ) & his consederate iesuitical society , did so long since ) give out and prophesied , that they have it by revelation , and special command from god , that their order and society was miraculously instituted for this end , to work a dismal change amongst us , wherein all laws , customes , and orders must be altered , and all things turned upside down : and that they being the only men who have the name , title , and authority of jesus , by them it is , that this marvelous change and alteration shall be wrought , in such sort as from the beginning of the world was the like never heard of before to this present b that this jesuite father parsons in his book of the reformation of all the states of england , as he b prescribes a reformation of the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , and laws , in all which he will have strange metamorphoses , so he will have the court of parliament it self brought to better order , to effect all these dismal changes . that the way whereby he & they intended to bring about all these changes was , to bring all england into an uprore ; for common souldiers to examine their soveraigns what titles they hold by , and by infusing this their jesuitical principle into the souldiers and people , that every pecope or tartarian multitude , getting once the title and stile of a publick state , or helvetian common wealth , may alter , change , innovate the course , inheritance , and succession of the crown and lands under them ▪ to make the island a iaponian island of iesuites , and infeoff themselves by hook or crook in the whole imperial dominion of great britain , putting all the whole blood royal of england to the formidon , as but heirs general in one predicament . for their better accomplishment whereof this william watson subjoyns his own opinion in these words c i verilie think that all the puritans and anabaptists will joyn with the iesuites , ( to effect the●e changes ) at length , how far soever they seem to be , and yet are , in external profession of religion : there being at least half an hundred principles and odde tricks concerning government , authority , tyranny , popularity , conspiracy , &c. wherein they jump as just together as if both were made of one mould ; but when they shall thus joyn together , he predicts , that the iesuites having more singular fine wits amongst them , and manie learned men on their side , whereas the puritans and anabaptists have none but grossum caputs ; the iesuites manie gentiles , nobles , and some princes to side with them ; the puritans but few of the first , rare , to have anie of the second , and none of the last on their side : by consequence , if matters come to hammering between the iesuites and puritans , the latter are sure to be ridden like fools , and come to wrack . he superaddes to this , d that father parsons and his companie have laid a plot , as most consonant and fitting for their other designments , that the common law of the realm of england must be ( forsooth ) utterly abolished , or else bear no greater sway in the realm than the civil law doth . and the chief reason is , for that the state of the crown and kingdome by the common laws is so strongly setled , as whilst they continue , the iesuites see not how they can work their wills . secondly , the said good father hath set down a course ; how every man may shake off all authority at their pleasures , as if he would become a new anabaptist or iohn of leydon , to draw all the world into a mutiny , rebellion , and combustion . and the stratagem is , how the common people ( and souldiers ) must be inveigled and seduced , to conceit to themselves such a liberty or prerogative , as that it may be lawfull for them , when they think fit , to place and displace kings and princes , as men do their tenants at will , hirelings , or ordinary servants . which anabaptistical and abominable doctrine , proceeding from a turbulent tribe of trayterous puritans and other hereticks , this treacherous iesuite would now foist into the chatholick church , as a ground of his corrupt divinitie . mr. prynne having some year since diligently observed all these passages , with sundrie others of this nature , in those secular priest-books , and comparing them with campanella de monarchia hyspanica , c. . . & cardinal e richlieues instructions forecited ; having likewise read in the jesuites own printed books , f that they had no lesse than colleges and seminaries of iesuites erected in several parts of the world , within the space of years , and no fewer than colleges and seminaries in provincia anglicana , in the english province in the year . wherein they had . g socii societatis , fellows of their own societie , besides novices , and colleges more of english iesuites beyond the seas , and no less than eight colleges of irish , and several residenciaries of scotish iesuites in ireland , scotland , and other places : and being assured by the publick speeches of oliver cromwell himself , first to an assemblie of divines and others at whitehall . and after to his new modelled parliament at westminster , september . . published in print , p. , . that he knew verie well that emissaries of the iesuites never came over in such swarms as they have done since our late wars and changes were on foot , and that divers gentlemen can bear witness with him , that they have a consistory and counsel that rules all the affairs of the things of england ; and had fixed in england in the circuit of most cathedrals , ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons , and other persons to pervert and seduce the people . and being most certainlie informed , that the h arch-jesuite sir toby mathew , though banished by both houses , sir i kenelme digby , a jesuited papist , ( whose father had a chief hand in the old gunpowder treason , and was himself particularlie imployed to rome by the queen to procure men and monies from the pope against the parliament , where he expected to receive a cardinals cap , ) k sir iohn winter a person excepted from pardon , mr , walter mountague ( two notorious jesuited papists , who l conspired with the popes nuncio and college of jesuites in longacre to destroy the king , and alter the government of the kingdome if he refused to turn roman catholick , and repeal all laws against romish priests , jesuites , papists , and for that very end raised the first scotish wars , and ( which is most observable ) that orelly the popes own nuncio in ireland , who promoted the late horrid irish rebellion and massacre of the protestants , sate president in the general counsel of the popish rebels there for several years , m to carry on that rebellion ; came all over into england , walked openly in the streets and vvestminster hall , when the king was brought to his tryal , and executed by their and other iesuites instigation , and our old kingdom metamorphosed into a new common-wealth ; that n owen ro oneal , and all the irish rebels under him , by orellies perswasion , ent●ed into an offensive and defensive league with the new-republicans against marquesse ormond , the lord inchequin , and protestant party in ireland , who declared for monarchy , & the kings title , against their republick . and being withall assured by sundry persons of credit , that there were many iesuites under the habit of o souldiers , listed in the army , and others of them under the disguise of physicians , apothecaries , travellers , captains , merchants , factors , tradesmen , anabaptists , ranters , seekers , quakers , and other sectaries , dispersed throughout all places , to carry on and accomplish those dismal changes , so long since predicted , projected by father parsons and the iesuites . yea , being further assured , by an eminent divine and others more than once , from the mouth of a noble english lord , returning from rome about years since , that the provincial of the english jesuites , when he went to see their college in rome , assured him , they had then above fifteen hundred of their society of iesuites in england , able to work in several professions and trades , which they had there taken upon them , the better to support , and secure themselves from being discovered , and infuse their principles into the vulgar people . that the p great anabaptist , styled , the administrator of hexam near newcastle , in the north , since removed to colchester , was lately a papist ( if not ) a priest or iesuite ; that ramsey the scotish jesuite was purposely sent ouer into england by the pope & iesuites an. . under the notion of a iew , to infuse new notions into the anabaptists & side with them , who therupon addressed himself to paul hobson the anabaptist , a grand army-preacher , and this administrators congregation , where he made a publick profession , that he was a iew by birth , but was now thorowly converted to the christian religion by their instruction , with a publick confession of his faith , which they printed , whereupon he was publickly dipped by this administrator at hexam , and received as a member into their anabaptistical church , who much gloried in it , till within few weeks after , he was by the maior and ministers of newcastle clearly discovered , to be a grosse impostor , yea a scotish iesuite , and sent up by them to london ; where after some restraint he was enlarged without any punishment , and not long since , twice boldly entred into the university schools at cambridge , desiring conference with mr. smith the hebrew lecturer there , with whom he discoursed in hebrew ; professing himself , to be soul and body for the catholick church of rome : that q eleazer ben-isaiah , and his brother joseph , . grand jesuitical impostors , at the self-same time under the notion of converted iews , were dipped by the anabaptists ; maintaining dipping , not sprinkling to be the only baptisme of iesus christ , and the anabaptists to be the only strong and glorious christians , in their printed book , dedicated unto our new republican parliament & counsel of state , which mr. pr. ( soon after his inlargement frō pendennys catile ) meeting with , discovered them to be gross impostors , one of them a trooper in p. ruports army ; who after a collection made for him ( as a converted iew ) at dursty in glostershire , by mr. woodward on the lords day , drank five jugges of bear , with sundry pipes or tobacco , whereby to digest his lords day supper , and disgorge his sermons : then locking his chamber door in the inne , he ran to the maid he had sent to warm his bed , and attempted to ravish her ; whereupon she crying out , & the boy of the house ( being about a clock at night ) endevouring to raise the neighbors , he therupon fled from thence , ( since which mr. prynne heard no more tydings of him . ) and having since that most clearly discovered to the whole nation ( in his books , intituled , the quakers vnmasked , and new discovery of romish emissaries , printed . . and . ) that the franciscan freers and iesuites were the first erectors of our new sect of quakers , ( ignatius loyola the jesuites founder , being first a souldier , then a quakers next a speaker , last of all a professed jesuit ; as his disciples now are , first iesuites , then quakers , speakers , souldiers before or after ; ) that maurice conry an irish franciscan , late provincial of the english franciscan fryers , ( having extraordinary faculties granted him to exercise here in england ; as to absolve all hereticks in england , of what nation soever ; to admit men into his order ; to dispence with oaths , with saying canonical hours , the ceremonies of the mass , for keeping heritical books , and other particulars which might discover any of them to be freers , or papists : to authorize , print what books he allowed ; concealing both the name of the author , printer , place , non obstante consilio tridentino : ) came over into england , under the disguise of a spanish captain , having sundry pasports from the king of spains officers in the low countries , to raise men for his service in england and ireland , where he continued during the regency of our republicans ; after which in the year . he procured a pass and protection to all officers by sea and land under ol. cromwels own hand and seal , to pass and repass about his occasions to and from ireland ; all which were taken about him in bristol , november . and the very originals under seal brought to mr. prynne ; who published some of them in print ; yet after near two years imprisonment at bristol , upon a habeas corpus brought by conry , he was turned over prisoner to newgate , to be tryed as a popish priest , and let go thence ( by direction as was conceived ) before the sessions , and never enquired after since . mr. prynne discovering all this and much more , and being most fully assured , that all the rebellions in the army since . against the king , parliament , members , and all the late changes , revolutions of our government ever since , proceeded originally from the jesuites , and romish agents powerfull influences upon the seduced army-officers , souldiers , sectaries , and republican members . and long since taking special notice , that during the armies & republicans proceedings against the king , & in hammering out their new common-wealth ; all the most eminent , zealous , religious members of the commons house , most opposite to jesuites , papists , popery , were totally secluded , secured by the army , and their votes , protestations , advices , with the addresses , disswasions of all the godly ministers of london and other parts , yea ( * vvilliam sedgwicks , their own chaplains , ) totally rejected with highest contempt ; and the counsels of the most desperate jesuites , and popish agents ( flocking to london from all forein parts , and walking freely in the streets whiles the members were under strictest restraints ) vigorously pursued : so all their subsequent actions demonstrated to him and all considerate protestants , whose creature their new republick originally was , and for whose service it was created , as these memorable particulars evidence . . they did quite set aside all those . strict excellent bills against iesuites , seminary priests , popish recusants , and the exercise of any their romish superstitions in any place within our realms , which the secluded members , and army-officers too at first , eagerly pursued ; and the king in the treaty of the isle of vvight assented to at the first without any scruple : for which the iesuites in france , at a general meeting there , presently resolved to bring him to iustice , and take off his head by the power of their friends in the army ; as the king himself was certified by an express from thence , and wished to provide against it , but two dayes before his removal by the army from the isle of vvight , in order to his execution . ly . they b totally set aside and repealed by express votes and printed knacks , the very oaths of supremacy and allegiance , as unlawfull oaths , which themselves took and ought to take before they sate or could sit as members in the commons house ; by the statutes of el. c. . & iac. c. . which oaths were specially made ( by the great wisedom , care and piety of our protestant parliaments , purposely to detect the persons , and prevent the plots , conspiracies , assasinations , treasons , vsurpations , and new gun-powder plots of the romish jesuites , popish priests , papists , and their instruments , against the lives , crowns , prerogatives of our protestant kings , princes , their royal posterity , realms , parliaments , our protestant church and religion , as the statutes of eliz. c. . eliz. c. . jac. c. . iac. c. . and other acts , with king iames his apology for the oath of allegiance , and sundry learned treatises in defence of these oaths , declare at large : which oaths were c refused , opposed only by the most iesuited and desperate papists , at home and abroad : but approved by the moderatest and loyallest priests and d lay-papists who writ in justification of them ; and repealed to their greatest joy and advantage , by our jesuitized zealous republicans . ly . they discharged , absolved themselves , and all other members , subjects , officers , who had taken these oaths ( as most had frequently done ) from the future observation of them , and of their solemn protestation , vow , league , national covenant , made in pursuance of them ; contrary to this expresse clause in the oath of allegiance , f i do believe , and in conscience am resolved , e that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully administred to me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear , according to the expresse words by me spoken , and plain and common sense of the said words , without any equivocation or mental reservation , and i do make this recognition and acknowledgement , heartily , willingly , and truly , upon the faith of a christian . yet these faithlesse republicans , who took this oath as members , ( and several times else upon other occasions ) thus atheistically , like so many absolute popes , against all g laws of nations , nature , absolved themselves and all others from it , and set it , with the oath of supremacy , covenant , protestation , quite aside like old almanacks out of date . ly . not content herewith , they h imposed a new engagement , diametrically contrary to these oaths , the protestation , vow , solemn league and covenant , which every one must subscribe with his hand , to be true and faithfull to their new common-wealth as established by them , without a king or house of lords , putting all english freemen whatsoever into a new-praemunire , upon a bare suggestion only before proof or conviction , and disabling them to sue in any court of their republick , or to receive or enjoy any degree , office , augmentation , or preferment whatsoever spiritual , ecclesiastical , civil , or military , or sit as members then ( and now again ) unless they would publickly subscribe it : which engagement thousands of our godly protestant ministers , gentry , freemen refusing to subscribe , were thereupon barred of their actions , executions , iudgements to recover their just debts , rights , inheritances , goods , offices ; denyed their degrees of learning , ejected out of their benefices , headships , fellowships , vice-chancelorships , augmentations , offices , freeholds , callings , against all rules of law , conscience , iustice , equity , religion , the fundamental laws and liberties of the land , their native birth-rights , after all their contests , wats , contributions , prayers , fasts , endeavours for their defence : and all by these free-state-men . a tyranny , treachery , perjury , apostacy , transcending any since the creation , yet most eagerly pursued by them all their reign , to the utter ruine of many consciencious , honest protestants , and great rejoycing of all iesuites and popish enemies both at home and abroad . ly . the very first act of iustice they did , by the first commission of the peace they passed under their new republican great seal for middlesex , at the first sessions held under them at hix-hall , febr. . was the enlarging of a dangerous jesuits , and another old seducing papist , formerly imprisoned in the new prison : the only acts done in this first session , as th●se present then informed mr. prynne with much regret : which was seconded with the subsequent enlargement of other jesuites , priests , papists , elsewhere imprisoned : whereas on the contrary they shut up sir william waller , sir will. lewes , sir john clotworthy , major general brown , comissary coply , mr. prynne , mr. clement walker close prisoners in sundry remote castles divers years together , without any cause expressed , and mr. gewen with other members , several monthes , and sundry godly ministers , protestants of all sorts throughout the land , as well paliamenteers , as former cavaliers ; yea beheaded mr. love , an eminent protestant minister , and other protestants , but not one papist in their illegal high-courts of justice , erected by them , against all our laws , whiles these romish locusts were thus enlarged , unprosecuted , and had free liberty to wander up and down our three nations , and act what they pleased to work our kingdoms , churches , and religions ruine . ly . the first who publikely owned them for a common-wealth , congratulated this their glorious change , atchievement , and entred into a league with them , was the most catholick k. of spain , the l popes , jesuites , chief patron and propagator of their catholick faith and designs : whose interests they prosecuted during all their republican domination . ly . they entted into a bloodie invasive war against their brethren of scotland onlie for owning their rightfull soveraign king charles , after his fathers beheading , according to their laws , oathes , duties , and solemn league and covenant ; invaded their country without any provocaion , slew many thousands of them with furie and cruelty in the field ; starved , destroyed hundreds of them taken prisoners by them , and sold others of them into forein plantations for slaves ; imprisoned , sequestred , banished most of their zealous godly protestant ministers , nobles , gentry ; took all their cities , castles , forts , amunition , arms , conquered , inthralled their whole kingdom , put them under intollerable taxes , tributes , and iron-yokes of armed governors , garrisons still continued amongst them to * our cost . destroyed their presbyterial and civil government ; and for an everlasting monument of this their barbarous unbrotherly kindnesse , and gratitude towards them for their former assistances , not only kept solemn publick thanksgiving-dayes throughout their republicke for their slaughters of and victories over them , but hanged up all their ensigns in westminster hall , and transported all their records close prisoners to the tower of london , where they yet continue . ly . they instigated the dutch to set aside the prince of orange his family , and put them out of the superiour commands , places of trust , they formerly merited and enjoyed , out of malice to the beheaded kings progeny ; mutined the states against each other , and then entted into a most costly , bloody , dangerous , unchristian war with those our old protestant friends and allyes , continuing all their regency , to the losse of many thousands of gallant protestants lives , the ruine of sundry familyes , the great weakning , impoverishing of both nations , the scandal , detriment of the protestant religion , the griefs of all forein protestant churches . the great joy and advantage of both our professed popish adversaries , and king of spain especially ; who long since designed both our ruines , by these very practises , prescribed to him by campanella in direct words , as those who please may read at large , in his book de monarchia hispanica , c. . & . ly . they freely permitted ( if not encouraged ) all their republican government , diurnallists in their news-books , k and those scurrilous , grosse impostors , lilly , culpepper , and other prognosticators in their almanacks , besides sundry other scriblers insufferably to revile and rayle against our oxthodox , godly , protestant ministers , especially presbyterians , to prophecy their downfull extirpation , execution , banishment , the utter ruine of them , their tithes , glebes , presbytery , to incense both souldiers and people to disown their ministry , detain their tithes , revile , abuse their persons , as being worse than any priests , jesuites , and greater enemies , traytors to their republick than they , ( who readily complyed with it as a child of their own begetting . ) xly. they permitted many thousands of popish primers and other books to be freely imported , and above thirty thousand popish and atheistical pamphlets of all sor●s , against our church , religion , ministers , to be printed and vended in england without controll , as the london-stationers ( moved out of conscience ) declared and published to them in their beacon fired . and sciatilla , which book was presently answered by the beacon quenched , subscribed by colonel pride ( the new faux ) and other army-officers , ( though writ by a jesuite as mr. prynne was credibly informed ) and presented to those then sitting at westminster , erecting them against the stationers and their beacon fired , as a new - gunpowder-plot , to blow up the army , parliament , and new common wealth , though a true , honest , harmlesse , pious , timely discovery of the papists and jesuites designs to blow up our religion , church , ministry , amongst other popish books then printed , v mr. prynne met with one as far as pendennis castle in folio , inittuled , the holy court , written by edmund causin a iesuite , translated into english by jesuites , dedicated to our queen mary , and the dutchesse of buckingham , printed in london by william bentley , . and sold by john williams in pauls church-yard , as the title page attests , having the iesuits badge , and s. j. ( societatis jesu ) in capitals printed in its front . in which folio book ( consisting of divers tomes ) tom. . p. to . , , , , . tom. . p. . tom. . to . , . tom. . , . to . and other pages , the popes supremacy , prayer to saints and angels , purgatory , masse , transubstantiation , and all other points of grossest popery were not only maintaine● , assered ▪ but our very protestant religion branded for heresy , our late queen elizabeth , our ministers and all other professors of it reviled , censured for damnable heretiques , as mr. prynne then observed . ly . themselves in divers of their printed declarations , knacks , and their instruments in sundry books , ( as john goodwin , markham , needham , melton , and others , ) justified , maintained , the very highest , worst , treasonablest , execrablest , of all popish and * jesuitical , unchristian tenents , practises , treasons , as the murdering of christian protestant kings , ( under the notion of tyrants ) the blowing up of parliaments , the subverting of kingdoms , the altering of all setled laws , governments , the forcible usurpation of others crowns , honors , officers , estates , without right or title , by force , murder , treachery , the breach of , dispensation with , absolution from all sacred oaths , leagues , covenants , promises , contracts , rebellion , against all lawfull superiours , and the open violation of the , , , & . moral commands of god himself , under the pretences of publick justice , necessity , self-preservation , reformation , religion , publick good , safety , advancement of the gospel and kingdom of iesus christ , repayed with their own ejection . l ly they closed in an offensive and defensive league with owen ro oneal , and the popish irish bloody rebels , against marquesse ormond , inchequin , and the protestant party there who had been the parliaments chief generals and officers , against the rebels ; in opposition to monarchy ; and when ( to couler the odium of it ) col monke was questioned in the house for making this league with them , as done without their privity ; and one of them moved , that he might be committed for it to the tower ; that famous saint henry martin , stood up and reto●ted , t●at he desired the tower might be rather committed unto him for t●is good service : what high places of trust by sea and land he hath been advanced to since for this service , is very well known ; whereas marquesse o●mond , the lord inchequin , and other protestants in ireland , who faithfully served the parliament against the irish rebels , and bare the brunt of the first wars against them , were yet the very first persons excepted in their printed catalogues , and news-books , from all manner of pardon or composition either for their lives or estates , and are quite stript of all their lands in ireland , out of odium unto monarchy , the kings posterity . and all this to advance the protestant religion and christs kingdom by and under their new jesuitical republick , the quite contrary way . these . particulars , like so many true , good , honest sworn grandlury-men , impanelled by mr. prynne , out of mere zeal to his native countryes , church , religions preservation , will give in a true impartial verdict , whose proper child , our new commonwealth , whose instruments the guardians of it , but goalers of all our liberties under it , have been and now are again , and whose works they do . he shall subjoyn a few sad observations of like nature , during their infant republicks second wardship under their late protector , to promote the protestant cause and religion . . his making peace with the hollander after he had dismounted the republican grandees to set up himself in their places ; was in it self a christian , pious , prudent , and commendable act , beneficial to both nations . but if the principle motives of it were , a vast sum of mony from the dutch , put into his private purse ( as some report ; ) or a desire to ecclipse the honour , power of the prince of orange , their chief protector and his family ; to banish the late kings royal posterity , and adherents out of the netherlands , and leave them no subsistance , nor being there amongst protestants of our and their religion , to force them to seek new quarters amongst iesuites , papists , and cast themselves wholy on their charity , on purpose to pervert them in their religion , and destroy both their souls & bodies at once , which is visible and irre●ragable , they being all actually exiled thence by special articles upon the peace with the dutch. what protestant can think upon it but with horror , as the highest act of impiety , cruelty , barbarisme , injustice , uncharitablenesse , and malice ever yet recorded of any professors of christianity in the protestant religion . ly . his quarrelling with the king of spain , in hopes to gain his indian mines , and sending such a fleet , with so many thousand english protestants and souldiers thither , upon the bare project of n gage , a iesuited professed papist and spainiolized priest , who had lived there sundry years under the spanish king as a priest , ( all whose family and relations have been o desperate popish enemies to our religion . king , kingdoms ) with the disasterous successe and fruits thereof , to the expence of such vast sums of our own treasure , the loss of so manie thousand protestant souldiers , mariners , and undoing , endangering of our other american plantations ; if rightly weighed , was in truth rather a spanish and iesuitish plot to ruine us and our religion , than to advance them ; as mr. prynne at first reputed them , predicting the ill event before it happened . ly . his closing with france and the french cardinal mazarine , upon the breach with spain , of purpose to banish poor distressed k. charles ( whom he drove out his protestant kingdoms , banished out of holland : ( deprived of all charitable supplies or hopes of relief from either for his necessarie subsistance ; ) and banish his brother the duke of york who had a command & great repute in the french army , with all their dependents out of france too , that he might the more securely establish himself and his posterity in their hereditarie kingly power , dominions , and leave them no place to hide their heads in , ( the effect , and chief end of that peace ; ) and that in pursuit of cardinal richelieus * forementioned instructions to ruine our monarchy , kingdoms , and work his infernal designs against us , ) was such an inhumane , unchristian policy , as verie ill accords with our saviours expresse precepts , mat. . . &c. lu. . , &c. rom. . , . but i say unto you , love your enemies : therefore if thy enemie hunger feed him , if he thirst give him drink : be not overcome of evil , but overcome evil with goodnesse . and a president hardlie paralleld . alas how shall the memorable heroick charity , generosity , pietie , justice , of our norman conqueror king william , ( censured by this new conqueror and his army saints , as the worst of tyrants in sundry pamphlets ; ) and of his sons , william rufus , and henry . towards edgar atheling heir to the english crown after the death of edward the confessor ( when hee took it from him by the sword , under pretext of p king edwards last will , and being next heir to him in blood , not as a conquerour by war : ) who though after his q oath of homage , fealty , and subjection to william , twice set up , as heir to the crown , by the english nobility in opposition to him , twice routed by him in the field , driven into scotland , and quite left destitute of forces , friends and supplyes to gain the crown ; yet upon his repair to him in normandy , without any precedent articles for his securitie , anno . he not only pardoned his former insurrections , but r gave him a large gratuity , entertained and lodged him in his own court divers years , allowing him a pound of silver for his honourable maintenance everie day ( a great sum in that age : ) after which when he desired to go into apulia to the holie wars , ſ anno . he furnished him with many ships and souldiers : whence he returning after the losse of robert his chief commander and best men , though the emperours of greece and germany whom he visited in his recesse thence , honourably received , t and profered to entertain and maintain him in their courts according to the greatnesse of his birth all his life time ; yet he contemning all their proffers , out of a desire to enjoy his native country , returned into england , where he was courteously entertained by william the conqueror as before , till his death . after which edgar siding with , robert duke of normandy his eldest son , against william rufus the younger : he thereupon anno . deprived him of all the honours conferred on him by robert , and banished him out of normandy into scotland : but afterwards upon the accord between the brothers touching the crown , and peace with scotland , he was reconciled to king rufus , and returned into england , where he lived securely without the least restraint ; and was in so great favour with rufus , u that in the year . he sent him as general into scotland with an army to restore his nephew edgar son of malcomb ( who maried edgars sister ) to the crown , which his uncle dufnald had invaded after malcombs death , to expell dufnald , and make edgar king. which having effected , he returning again into england , lived there quietly without the least danger or restraint all rufus his reign , and some years under * king henry the first , betaking himself in his old age to a retired private country life , and dyed in peace , as our historians then living record . oh that there were the like charitie , ingenuity , christianitie , piety in the saints of this iron age , against whom these . first norman kings shall rise up and condemn in the day of judgment , when christ himself will pronounce this heavy sentence against them for all their pretended saint-ship : * depart ye cursed into everlasting fire prepared for the divel and his angels , for i was an hungred and you gave me no meat , i was thirsty and you gave me no drink , ( no * not out of my large hereditarie revenues of three kingdoms you have forcibly invaded against your oatht ; ) i was a stranger and you took me not in , ( no not into my own protestant realm , court , out of which you thrust me by violence , neither would you permit those of holland and france , where i was a stranger to take me in , but inforced them to banish and cast me out after their former entertainment of me as a stranger , ) i was naked , but ye cloathed me not , ( but stripped me and mine stark naked out of our inheritances , wardrobes , and all we had , ) sick and in prison , ( into which you cast both me and mine ) and you visited me not , yea made it high treason for any to do it , or so much as to pray for me in this my distressed condition , notwithstanding gods own evangelical precepts to the contrary , tim. . , . pet. . . acts . , . cor. . , , . thes . . , . rom. . , , . if the most righteous and charitable saints shall * scarcely be saved in this great day , o where shall these ungodly , unrighteous , uncharitable , and transcendently malicious sinners ( not saints ) appear ? o that they would sadlie consider it and repent thereof , as the onlie means to avoid this fatal doom of christ at the last day . this truth they cannot , dare not deny with their tongues , but they contradict it by their lives , non contradicunt lingua sed vita . moneo , rapit ; doceo , rapit ; praecipio rapit , arguo , rapit . quomodo non contradixit ? si ergo in ignem aeternum ibit , cui dicturus est christus nudus sui , & non vestisti me : quem locum in igne aeterno habebit , cui dicturus est , vestitus fui & spoliasti me ? hic fortasse ut evadas hanc vocem , mutata consuetudine , cogitas spoliare paganum & vestire christianum . ad hoc respondebit tibi christus , immo respondet tibi nunc per servum qualemcunque ministrum suum : etiam hic parce damnis meis ; cum enim qui christianus es spolias paganum , impedis fieri christianum . etiam & hic fortasse respondebis : ideo spolio paganum , ut per hanc asperam & salubrem disciplinam faciam christianum . audirem & crederem , si quod abstulisti pagano , redderes christiano , &c. o that our harpyes and beasts of prey , ( who have obliterated the tenth commandement out of all their decalogues as the papists have done the second ) would lay it close to heart , being saint augustines . sermon to them , as well as mr. prynnes : the rather , because the night before o. cromwell pro. died , mr. prynne then being at swainswick near bath ( having never dreamed of him before ) dreamt he was dangerously sick at bath , and that he then sent a special messenger to him importunatly desiring , he would presently repair to bath , for he was very sick , and desired much to speak with him : whereupon ( though he never saw him since . ) he presently went to bath : where finding him lying on his bed , he told mr. p. he was very sick , and had sent for him to tell him what he should do in this condition . mr. prynne thereupon forthwith answered , that he could give him us better nor other counsel than that of saint z augustine ( asserted by all divines as an undoubted truth ) non remittetur peccatum nist restitnatur ablatum : that there was no remission of sin without full restitution of rapine : therefore he must forthwith restore the banished king to his * crown and kingdoms , of which he had most unjustly deprived him ; the parliaments to its just rights , freedomes , and privileges , which he had utterly subverted ; and the people to their fundamental laws , liberties , properties , of which he had most unjustly and perfideously defrauded them more than any man , against his oaths , trust , duty , under pretext of defending them ; repent of all the blood he had shed ▪ and mischief he had done ; then there was hope of mercy and pardon for him both from god and men , otherwise there was none at all for ought he knew . at he standing mute , as much amazed , without any reply , mr. pr· thereupon departed , without more words ; and the next morning told this dream to his sister , and sundry others , telling them he was confident he should hear some strange news of cromwell very speedily , since he never dreamed of him before ; and within three daies after he heard of his death about . hours after his dream . o that all other usurpers of others estates , offices , lands , places , by bloud and rapine , would sadly consider of it , and make real restitution of them before they die ! then would our peace be soon restored without war or bloudshed : and their souls saved ; which else in all probability * will be damned , without real restitution when possible to be made . . his relieving , interceding for the massacred persecuted protestant albigenses in piedmont , charitable collections for them and others , was a christian work , worthy applause : but his giving just provocation to popish princes abroad , by the * jesuites instigation , to extirpate their religion , as a very seminary of treason , sedition , rebellion ; and to massacre , eradicate them as a company of traytors , antimonarchists , regicides , hypocrites , rebels , and seditious persons ; from his own and his confederates antimonarchical principles , practises , treasons , rebellions of this kinde , both against their king , parliament , monarchy , their confederated brethren of scotland and their k●ng , as being all of one religion , perswasion ; his accommodating the king of spain with whole regiments of bloudie irish papists , who had embrewed their hands in so much protestant bloud in ireland , and were the chief instruments in murdering these poor protestants ; his negligence in examining the misimployment of this and other collections under him for distressed foreign protestants ; the greatest part of which are yet in the collectors hands , or diverted otherwise . was in truth but first to kill , wound , plunder ; and then relieve them when too late . . his confederacy with the king of sweden to invade the kingdom of poland , and usurp that crown by force , ( without right or colourable title , ) upon pretext to advance the protestant cause , relieve the protestant churches & propagat the gospel there ; had some specious shew of zeal to religion : but to doe apparent * evil , that good might come of it ; to ingage in such a war to propagat the gospel of peace , which ended in the total extirpation of all the protestants and their churches in poland , whence they are now totally extirpated , as himself related in his briefs , papers for their over-late relief : and produced a new bloudie warr ( wherein he also sided with him ) against the king of denmark , a protestant king , the marquess of brandenburgh , the dutch , and other our protestant allies , sadly divided against each other , in late bloudy battles by land & sea , to the endangering of all the protestant churches throughout the world , and engaging them all in a new warre , and our three n●tions ( in all probability ) against our protestant brethren , ( now the popish kings are reconciled , and ready to destroy us all ) being broken in pieces amongst our selves , impoverished , butchered by one another , rather like savage beasts , than men or christians ; and that in direct pursuance of a campanellius , b richelieus , and c other jesuited plots , who expresly write : that the catholicks are to use all arts and means to divide the protestants , lutherans , calvinists , and sectaries one from and against each other , by various arts and means , and all occasions laid hold of for that purpose , that they may with more ease oppress , destroy them all ; and that they ought not to neglect the opportunity to accomplish their utter extirpation when their monies are exhausted , their forces weakned , and they divided by their intestine wars . the best means being thus to destroy them by themselves , till they ( like the kite in the fable ) shall devour the frog and mouse together , during their combats with each other ; was such a machiavilian policy to advance the protestant cause , as mazarine and the jesuites suggested to him on purpose to effect their ruine ; as all wise men , and his own creatures now over-late discern : and bedlam hugh peters in his letter to a great army-officer , the th of this instant may. . his endeavour to bring in the d jews with their synagogues and jewish ceremonies , under a pretended hopes of their long-desired conversion , but ●eal intended expectation to finger two hundred thousand pounds of their gold at present , and all the rest in future when transplanted ; to set up their antichristian judaism , in direct contradiction to our saviour jesus christ ; and at the very self-same time , by his printed declaration novemb. . and private instructions to his new basha's ( or major generals ) to eject , silence at one blow ( without conviction , hearing , or the least legal proceeding ) many hundreds of ministers , schoolmasters , scholars of the late kings party ( though learned , orthodox , godly , pious , peaceable , formerly indemnified and admitted to exercise their functions ) and prohibit them any more to preach , marry , administer the sacrament , pray , teach school in any publike place , or private meeting of any other persons , than those of their own family , or in any gentlemens houses as chaplains or tutors to their children , under pain of moneths imprisonment for the first , moneths for the d . and perpetual banishment for the d offence : and to punish them as rogues and vagrants , if they wandred abroad to begg their bread , on purpose to starve both them , their wives , families , or enforce them to flie into forein popish realms , ( being excluded out of the netherlands ) and there turn papists to preserve their lives ; when all priests , jesuites , sectaries whatsoever , and jewes themselves had so much liberty under him ; was such a transcendent barbarism , impiety , and high way to extirpate our religion , ( as pious learned archbishop vsher told him when he mediated for their libertie , and could not prevail , as he told mr. prynne and others with tears , which brake his heart soon after ) as the pope , and jesuites themselves could not have invented the like ; and exceeded all forein persecutions against protestant ministers in piemont , bohemia , and silesia , by popish princes , being of a different religion , but be a pretended protestant zealot . . his extending not only his toleration but real protection to all sects whatsoever , except popery and prelacy , and passing the late bill . ( put on by the presbyterians ) against papists , might savour of some disgust against those of the romish religion : but his extraordinary intimacy with cardinal mazarine , sir kenelm digby a most dangerous jesuited papist lodged by him in whitehall , ( a chief instrument of the union between him and mazarine , ) and sundry other papists , jesuites , popish priests : his suspending all penal lawes , executions against popish priests , jesuits , though sometimes taken in their pontificalibus at masse , and soon after released : his protections under hand and seal to sundry of them , particularly to maurice coury , provincial of the franciscans in england : their coming over in greater swarms of later times , than ever heretofore , without restraint , as himself * printed as well as declared in his publike speeches : his endevours to stop the late bill against papists the very morning he was to pass it , by his whitehall instruments , who moved its suspension for a time , as not suiting with present forein correspondencies ; ( against whom it was carried by . votes , that it should be carried up with the rest then passed : ) with the copy of his letter to card : mazarine , ( in many good hands , affirmed to bee real not counterfeit ) excusing his passing this bill , as carried on by a violent presbyterian party much against his with yet it should not hurt them though passed , &c. which accordingly fell out : the large expressions made to those of dunkirkin his name by their gov : lockert , to protect them in the full and free exercise of their romish religion as amply as ever the king of spain did : with other particulars of that nature : and his great incouraging of all sorts of sects e headed , acted by disguised jesuits , priests , friers , as m. p. hath elswhere fully evidenced : are demonstrations beyond all exceptions ; what an advancer he was of the true protestant cause and religion . . his undermining , subverting all our fundamental lawes , liberties , properties , ( and parliaments too ) in the highest degree , by his own and his army-officers , councils , new printed folio ordinances , instruments , taxes , excises , high courts of injustice , major generals commissions , instructions , proceedings , by committing sundry persons close prisoners ( some of them to forein islands ) without any cause expressed , legal trial or conviction dive●s moneths , years , by warrants under his own or his councils hands : his stopping returns of habeas corpora , when granted , or removing the prisoners to new remote prisons : his seising , securing the persons , horses , arms of thousands , and banishing them from london time after time , upon meer forged plots , fears : his disbenching his own judges for not complying with his illegal will : his oft stiling magna charta , magna farta with highest indignation : committing . lawyers to the tower at once as traytors , for daring to argue an habeas corpus against his illegal commitment , and whitehall ordinance for excise in conyes case ( a president not to be paralleld : ) his prohibiting f all lawyers , sollicitors , judges , and courts of justice whatsoever under him , to plead , act , or admit any proceedings , or legal trial at law against his illegal ordinances and absolute commands , under pain of his highest indignation : his defrauding most patrons of their livings and lapsing them , ( by his own ordinances , instruments ) into his own hands , refusing their honestest , ablest clerks , without any cause assigned , and denying them the benefit of quare impedits after judgement given upon them by his own judges . all these are clear demonstrations to mr. p. beyond contradiction ; that our infant commonwealth both in its birth , growth , progress under its old guardians , and new protector , was but the jesuits , popes , spaniards , mazarines , and our popish enemies new creature , and instrument to ruine our protestant church , religion , king , kingdoms , laws , liberties : the very name of magna charta it self ( for which our ancestors heretofore spent so much bloud and treasure in reality , and we of late only in pretence ) being so exec●able to our new free-states men , that in september . it was expunged out of a petition m. p. drew for mr. luttrel , ( to ●ave dunster castle the habitation of him and his ancestors , from being pulled down over his head before hearing or notice , by an order issued for that purpose and put in execution ) to john bradshaw and their free-state council at whitehall , by their attorney prideaux order , because it would distast them : and a great fart was more savory to olivers red nose than it : all in pursuance of the jesuits old plot : as you have heard out of watsons quodlibets : this m.p. shall a little infist on , because of a present design against our laws now eagerly pursued . the late parliament in a above one hundred declarations , ordinances , orders , votes , made this their principal charge against the kings jesuitical counsellors , and the popish forces raised by him , against the parliament , that they endeauoured the subversion and extirpation of our antient fundamental laws & government : and that one of the b chiefest causes of their taking up arms and raising armies against them , was for the necessary defence and preservation of these antient good old laws and liberties , ( the inheritance and birthright of every english freeman ) whereby not only his majesties regal authority , but the peoples security of lives , lands , livings , privileges , liberty , ( both in general and particular ) are preserved and maintained , and by the abolishing , innovating or alteration of which , it is impossible but that present confusion will fall upon the whole state and frame of this kingdom : as the whole parliament of jacobi ch . . expresly declared long since in the prologue of that act , the late long parliament in sundry declarations ; yea king charls himself in his declaration by advice of his council , to all his subjects , dec. . . exact collect : p. , . his answer to the lords and commons petition , april . . ibid. p. . to their declaration may . . p. , . and elswhere , the defence whereof against invasion , subversion , he made the ground of raising forces against an anabaptistical party & faction in the parliament , intending to subvert and extirpate them root and branch , as you may read at large : ib. p. , , , , , , , , , , . a collection of ordinances , p. , , , , . yet notwithstanding all these parliament declarations and commissions in pursuance of them ; the army-officers , souldiers , by the jesuits suggestions , have been so farr intoxicated , as to attempt the utter subversion and extirpation both of our laws ( and lawyers too ) for whose defence they were principally raised , in pursute of * father parsons forementioned design , under pretext of reforming them : though the bare indirect attempt to subvert them in a farr inferiour degree , was adjudged high treason in c straffords and canterburies cases , for which they both lost their heads as traytors , and in the case of the ship-mony judges in the long parliament . that they have prosecuted this design in england to subvert our fundamental common lawes , and great charter of our liberties , is most apparent by their proceedings in their mock parliament , and printed vote august . ordered , there should be a committee selected to consider of a new body of the law , and the government of this commonwealth : compared with a true state of the commonwealth of england , scotland and ireland , &c. printed . p. , , , . which assures us , that there was a strong prevailing party in that assembly , whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england , ( the gardians of our lives and fortunes ) to the utter subversion of civil right and propriety , &c. and our two jesuitical * prognosticators were so confident of it ( as if the stars in heaven had concurred herein with the jesuites and anabaptistical conventicle then on earth ) that in their scurrillous prognostications they predicted the downfall not only of all our ministers , and their tithes , but of our laws and lawyers , prognosticating , in the moneths of january , february , september , october , and december . that the lawes & lawyers of the nation should be pulled down to the ground ; that the great charter it self should be called into question with other liberties , as not suting with english mens brains at this time ; that the crabtree of the law should be plucked up by the roots to hinder the future growth thereof ; there being no reason are should now be governed by the norman law , since the norman race is taken away by the same instrument ( the sword of conquest ) which brought it in . they are the very words of these false prognosticators , who have many such like passages in them both before and since . which , compared with the late speeches of many common souldiers : that there should be no more terms in westminster hall : that they hoped very speedily to see not only the lawyers gowns , but the lawyers themselves hanged vp over the courts in westminster hall , where the decayed scots coulours hung , to supply their vacant places : that it would be a goodly sight , to see all the trees in st. james's park hung with lawyers and their gownes ; with sundry such like speeches , since may . . all these compared together , ( with what mr. prynne hath frequently heard the soldiers say during his neer . years close imprisonment under them , and their new republike in dunster , taunton , and pendennys castles ) that they hoped ere long to see and leave neither one lawyer , nor parish priest throughout england , nor yet steeple , steeple-house or bells , which they would sell , or cast into ordinance to fight against the dutch , &c. with some petitions and pamphlets now on foot to the like tune ; and the army-officers fresh proposal , to those now sitting and their votes thereon ; for the reformation of our laws , &c. are an infallible evidence to him , that all our former , late , and present changes of this nature , for which this formerly eiected repvblican conventicle is now reassembled , are the meer proiections of the all-swaying jesuits , to work our laws speedy ruine . it being their professed practice even in other forein popish kingdoms , to subvert their fundamental lawes , especially those which concern the inheritance , succession of the crown , and liberties of the subjects ; for which take these two testimonies even from forein papists themselves . the . in that memorable peece , t consilium de recuperanda et in posterum stu●ilienda pace regni p●loniae per iesuitarum ejectionem , presented to the parl. of poland , an. . out of which they were soon after banished . hic autem vos notare velim ejusdem pestis iesuitici non minorem efficatiam esse in oppugnanda et expugnanda republica , e●terendis legibus , quoties nempe sentiunt , se ab his , in instituta sua venatione , impediri . et quod ad leges attinet , hae politicae tineae , illas praecipue arrodere consue verunt et exedere ; quibus jus successionis in regno continetur , libertasque et pax publica firmatur . which he proves by several prefidents of their shaking abolishing the very fundamental laws of this nature , in france , hungary , styria , austria , carinthia , and elsewhere : and that with such success , ut obtritis legibus quibus praedictarum nationum libertas nitebatur , partem earum penitus appresserint , partem ad extremam desperationem adigererint : in praedictis provinciis alicubi illustribus et antiquissimas nobilitatis familiis publice diem dictum esse intra quem se , aut coram iesuitarum tribunali sistant , aut relictis patriis sedibus alio migrent . and is not this the sad , desperate condition of many antient noble protestant families , knights , gentlemen and others , both in england , ireland , scotland , and of the royal protestant family , since our late warrs , changes of government , parliaments , and extirpation of all our fundamental laws , liberties , properties , by the jesuits and their instruments ? o let our whole nation and republican members too ( once shamefully ejected by those now calling them in ) consider , consider , consider this over and over , and lay it close to heart : least closing with the jesuites now again in this new convention , as they assuredly did in the old since december . till april . they incurr that sad fate of k king henry the th of france ; who after the execution of some and banishment of all jesuites out of france , upon john castles one of their disciples stabbing him in the cheek , with an intent to murder him ; and afterwards recalling , favouring , flattering them by building a stately college for them , entertaining one of them for his confessor , and bequeathing his very heart unto them , to be interred with them after his death , together with a very large legacy of plate and lands ; yet they soon after procured their desperat assassinate and disciple ravilliac to stabb him to the heart , in the open street in paris , an. . a just reward for his neglect , contempt of his parliaments timely admonitions in sundry remonstrances presented to him , never to trust or recall them more ; and the notable epigram against the jesuits , tendred to him by a true philopater , anno . wherein there is this memorable passage in relation to their subversion of all antient fundamental laws . cuinam hominum ignotum est iesuitas nocte dieque , nil meditari aliud quam qua ratione modove , prisca statuta queant , patriasque evertere leges ; inque locum antiquis totum in contraria nobis , iura dare ; & sanctos privata ad commoda ritus . pl●ctere ; nulli unquam quod post mutare licebit ? &c. m. prynne considering all these particulars , and knowing that this sodain re-assembly of the old eiected republican m●mbers , now fitting , originally proceeded from the jesuits projection , sollicitation , and anabaptistical sectarian party formerly combining with them , in all their proceedings against the late king , ( at whose execution the * queens own conf●ssor was present in a soldiers habit , flourishing his sword when his head was off as well as other jesuits , popish priests , overjoyed with that spectacle ) the secluded members , the house of lords , and transformation of our kingdom into a commonwealth , to accomplish their remaining designs , left unfinished ; pro●ected in terminis by * father parsons and the jesuites , and violently pursued in the short mock-parliament nominated at whitehall by the army-officers themselves , . viz : to eradicate the national church , ministers , ministry of england , advowsons , tithes , glebes , with parochial churches , chapels , as antichristian , and leave not one stone of them upon another : which john canne ( the new-voted diurnall-man ) in his voice from the temple , then dedicated to them , particularly excited them to , with all speed and earnestness , as their generation-work , expected , required of them by god and all the saints of the land ) to sell all the crown , colleges , vniversities , and corporations lands yet remaining , to support and pay the jesuited army ( kept up so long on purpose to ruine , eat us out . ) m. prynne thereupon , held it his bounden duty , both as a member , lawyer , englishman , and former patriot of his countries liberties , against all jesuitical vnderminers of them and our protestant religion , truly & fully to discover the same to the whole english nation , army , and those now sitting ; and to press it home upon their consciences by this his narrative , whether they will hearken to , believe , obey it , or not , since he was forcibly secluded from doing it by speech : having sufficient warrant , encouragement , and protection for it , ( as he apprehends ) from god himself , ezech. . , , . and jer. . , . for they are hard of face , and stiff hearted ; therefore ( son of man ) i do send thee unto them , and thou shalt say unto them , thus saith the lord. and they , whether they will hear , or whether they will forbear , ( for they are a rebellious house ) yet shall know , that there hath been a prophet among them . and thou son of man , be not afraid of them ; neither be afraid of their words , though briers and thorns be with thee , and thou doest dwell among scorpions ; be not afraid of their faces , nor be dismayed at their looks , though they be a rebellious house . and thou shalt speak my words unto them , whether they will hear , or whether th●y will forbear . but thou son of man , hear what i say unto thee ( and o that all the seduced army , republican members and their confederates would now hear and obey it too ) be not thou rebellious like that rebellious house . for behold i have made thee this day , a defenced city , and an iron pillar , and brazen walls against the whole land , against the princes thereof , and the priests thereof , and against all the people of the land ( engaged against thee and thy true good old cause ) and they shall fight against thee ( by sundry scurrillous pasquils , petitions , slanders , reproaches , and armed secluding guards ) but they shall not prevail against thée . for i am with thee , saith the lord , ( as well now as in all former engagements , trials for this good cause ) to deliver thée , the assurance whereof hath made him so resolute , as singly by himself , to encounter an whole armed host and house , at once , and throuh gods blessing to rout them in a manner by his bare presence , and their good old cause in a great measure by his single opposition : the a sole praise whereof he desires to render wholly and solely b to the lord of hosts , and c god of the spirits of all flesh , and not in any kind or part to himself , d a meer worm and not a man , an earthen v●ssel : yea one of the weak , base , despised things of the world , and a thing that can not , whom yet god can and may make use of , to confound the things that are mighty , and to bring to nought things that are , that no flesh shall glo●y in his presence , and that the excellency of the power might be of god and not of him ; who hath promised , that e one of his faithfull people shall chase a thousand , and two , put ten thousand to flight , ( in a true good old cause and quarrel ) for the lord their god be it is that fighteth for them as he hath promised . what then might all the secluded members and old lords house do , and all the well affected orthodox protestants in our three nations , had they but hearts , wisedoms , courage to joyn their counsels and endeavours together , ( according to their solemn league and covenant ) to vindicate their true old cause and parliamentary privileges , against all inconsiderable oppugners and subverters of them . mr. prynne ; having neither wife nor child to provide for , not much to care for , and never yet desiring any new office , advancement or employment in this present world , nor receiving the least reward for all his faithfull publick services , nor recompence for his manifold losses , sufferings , expences for the publick to whom he hath ever been a faithfull unmercinarie servant , is in good hopes , that the serious perusal of the premises , will convince the good old cause now cryed up , to be a cheat of the iesuites put upon the army , ( as hugh peters apprehends , stiles it in his letter , the th . of this may , to a chief officer of the army , ) and also wipe off all the mis-reports , scandals , reproaches , censures , yea acquit him from the heavy charge of sedition , mutiny , treason , against the infant house and republick , cast upon him for his actions or discourses here related , by those who are reallie guiltie of these crimes in the highest degree , by subverting our antient kings , kingdomes , kingship , parliaments , peers , privileges , laws , liberties , properties , oaths , by their iesuitical plots and innovations , and making a prey of all the publick wealth , lands , revenues of the crown , to enrich themselves , and maintain a seditious army , utterly to devour the small remainder of our publick and private wealth almost drained to the dregs ; and bettay us into the hands of our forein enemies , when they have left us neither hearts , hands wills , mony , nor means , manfully to resist their invading power , and reduced us to that slavery , as rather to live under any forein tyrannie , than an g oppressing sword of their own domineering hirelings . as for the thing they stile sedition , it is but h scorsum itio , when a sew confederated innovators shall seperate themselves from the general body or assembly of the kingdom , church , parliament , house , whereof they are members , and act a part by themselves , as a divided republick , church , parliament , house , without and against the generalitie , and true lawfull members , and seperate them from their company . and if this be truth , as k our statutes , lawbooks , i casuists , canonists , and historians accord , we shall know in whose hearts , house sedition truly dwells . and if l aristotle n aquiuas , o angelus de clavasio , and p sundry others who write of sedition , may be credited ; he who disturbs the rule or government of any unlawfull vsurper is no seditious person , because such a usurped government or power is not ordained for the common good , ( whatever pretended ) but for the private advantage of the vsurper , m therefore the disturbance of such a vsurper hath no● the reason of sedition ; yea , it is to be commended , because it freeth the generality of the people from a tyrannical power usurped over , or forcibly imposed on them against their wills , and it is the usurping tyrant only who truely is seditious , as they all define in direct words . and whether mr. prynne and other secluded members and lords , being five times their number , or those who seclude them be seditious , let the whole kingdome resolve . mr. prynne not knowing whether he shall have the like opportunity again ; shall for a conclusion of this narrative addresse himself , and direct some things he intended to have spoken . . to the army-officers and souldiers , remember i beseech you in the bowels of jesus christ , what your own army-chaplain john sedgewick in his justice upon the armies remonstrance , from st. albons , nov. . . and rebukes of that evil spirit that leads them in their counsels and actions , hath written to them therein , and to the lord fairfax then general , and the general counsel of war , in his epistle dedicatorie to them , when they first espoused their present good old cause . his words are home and piercing , destruction you practise , it is your work , it is your end , you cannot see beyond it , and you are hastning to it , it is the center to which you tend , and therefore i cannot but shew it to you , that you may stay your course b●fore the pit shut her mouth upon you . you are full of glorie in the great things you have done , wonderfull things ! a mighty presence of god. but in sum what is it ? you have torn a poor sinfull kingdom in pieces , you have executed wrath upon your brethren , friends , and countrymen , you have laid desolate your father the king , the parliament , your mother , your own country : this is your glorie to be executioners , assyria the rod of mine anger , what a crown is this ? have you restored , blessed , healed , comforted , saved any ? no , you have but plunged the kindome and your selves into a pit of darknesse and confusion . you drive furiously over the king , parliament , laws , conscience , loyalty , privileges , so as no human nor sacred thing can stand before you . it is high time to withstand you , for it is not men onlie that suffer from you , but the lord : your sword goeth so deep that it pierceth through his soul also : you are gone so farre in dissolving the foundations of government , that you are come to him who upholds the pillars of the earth : you reach to the head of principalities , and powers ; to the lord who is the author and upholder of all these things . he is in these despised broken ordinances of his , and sensible of everie blow that is given to them : you have digged through the wall of flesh and men , and through the partition wall that divided them from god , and now you are in the bowels of the lord ; these miserable broken powers are now the lord. go on , tear and rend , you will at last look upon him whom you have pierced , and mourn . o that you would now do so in good earnest , as you pretend only in your declaration of may . . and a yet go on still in your former trespasses , for which god will wound your hairy scalps . o consider , that jesus christ , whose servants ye pretend to be , is both a b king of glory , & a c king of saints : that the gospel you professe is the d gospel of the kingdom , ( not republick ) yea , the e kingdom of god , and of heaven in gospel-language : that his church whereof you pretend your self members , is frequently styled a f kingdom , never a common-wealth ( or at least but g once , and that not in opposition or contradistinction to a kingdom , which is the first excellentest of all common-wealths , as h heathen philosophers , polititians and devines accord , ) but as the verie same with it : that the saints themselves are styled , the i children of the kingdom , ( not republick ) k companions in the kingdom of christ , even in this world ; yea a l kingdom of priests , a royal priesthood ; nay kings and priests to god the father , and that by christs own constitution . consider yet further , that heaven it self , into which you expect at last to enter , is ever stiled m the kingdom of heaven , n an heavenlie and everlasting kingdom , a o kingdom which cannot be moved , a p kingdom which shall have no end ; ( never a common-wealth ; ) that in this kingdom we read of nothing but q crowns , scepters , thrones , robes of glory and majesty , and of r reigning in it for ever and ever . that christ himself hath promised , appointed , and his father given to all his saints the ſ kingdome of heaven . upon which account they are now stiled t heirs of the kingdom , and shall hereafter u inherit & possesse this kingdom , receive the crowns , wear the royal robes , sit upon the thrones provided for them in it . how then have the enchanters of rome , spain , france , so far insatuated your understandings , blinded your judgements , intoxecated your brains , perverted your wills , corrupted your affections , seared your consciences , engaged your unralie passions , as notwithstanding all this , to make you bedlam madde , against all kings , kingship , kingdoms , crowns , scepters , thrones , principalites , and kingly power , as to a abhor , and engage against both the things themselves and their verie names , yea to extirpate them root and branch , against his expresse evangelical procepts , word and practise of all his saints in either testament , to dote upon such a strange vtopian common-wealth , and new freestate , the verie names whereof , much lesse the things , you find not once in scripture in your sense , and never yet read of in the militant or triumphant church of christ . let mr. prynne a little expostulate the case with you , not as a lawyer but as a christian . do you indeed believe the scripture , to be the very will and word of the x great king , the soveraign lord , and iudge of all the earth , and of jesus christ , y the king of kings , the lord of lords , and king of saints , which you are bound in conscience , under pain of eternal damnation to believe and obey ? if not , proclaim it as loud to the world with your voyces , as you do by your swords , z actions ; and then all will know you in your native colours , to be no saints but real atheists , and all reasonings with you will be in vain . but having a better perswasions of you , d b that you believe the scripure to be the c only rule of your consciences , iudgements , lives , both as souldiers and christians . then answer clearlie to these interrogations ; the lord of hosts himself most peremptorilie and preciselie commands you , to fear god , honour the king , pet. . . rom. . . yea to fear the lord and the king , ( coupling both these together as unseperable ) and not to meddle with those who are given to change , prov. . . how can , how dare you then dishonour , vilitie , reproach , destroy , both your natural kings , and kingship too , without the least fear at all of god or the king , and change them into a new republican conventicle ? he commands you to subject your selves to the king as supream , both by the ordinance of god and man , and that for the lords sake : and avoiding scandal to religion , pet. . , . to be subject to the higher powers , and amongst them more especiallie to kings and principalities ; and that not only for fear of wrath , but for conscience sake , for these reasons clearlie expressed : because they are of god , and ordained by god : because they are the ministers of god for your good . because they are gods avengers to punish you , if you disobey , resist , or do evil ; because they who resist them resist the ordinance of god , and shall receive to themselves damnation , rom. . . to . tit. . , . vvith what face , heart , confidence , conscience , then can or dare you , not onlie not submit , subject your selves to , but exalt your selves above , against your lawfull soveraign kings , and higher powers , so far as not onlie to resist , but destroy their persons , powers , kingships , principalities themselves though gods own ordinance ? and that out of pretended zeal and conscience too ; and hope to receive a crown on earth , or in heaven for it , when as god himself denounceth damnation to you , for your verie unwarrantable resistance of them alone , and much more for their destruction , god requires you to make prayers , supplications , intercessions , and giving of thanks * first of all for kings , that you may live a peaceable and quiet life ( under them ) in all godliness and honestie , for this is good and acceptable in the sight of god our saviour . * to make prayers to the god of heaven for the life of the king and of the kings sons , ezra . , . to pray with all the primitive church and saints of cod , psal . . . give the king thy judgement o god , and thy righteousness unto the kings sun : how can , how dare you then , not onlie neglect these duties , but prohibit , condemn , punish them , as no lesse than high treason in others ? and not onlie fight , but curse , revile , pray against the king , and the kings sons too , and take away their lives , livelihoods , instead of praying for them , reputing it both your godlynesse , honesty , yea a duty acceptable , and well pleasing unto god : e hear o heavens , and tremble o earth at this great impietie ; god commands you eccles . . . to keep the kings commandement , and that in regard of the oath of god : and dare you against all your oaths of fealty , homage , supremacy , allegiance , protestation , league , covenant , printed declarations , and your own propositions august . that the kings person ( and royal issue ) may be restored to a condition of safety , honor , and freedom in this nation , without diminution of their personal rights doth abjure , eradicate king , kingship , and the royal posterity ; f that you may no more keep nor obey anie of their superior commands , and prefer the commands of anie undutifull army-officers , ( raised onlie to defend the king and parliament from all force and violences ) before both their ordinances , proclamations , commissions , votes , to both their ruines ? god injoyns you not to curse the king no not in your thoughts , & not to revile or speak evil of the ruler of your people , eccles . . . exod. . . acts . . tit. . and can you , like those wicked idolators , isay . . curse your king and your god , and look upward : and like those unjust , carnal , bruitish beasts , ( made to be destroyed , and reserved to the day of judgement to be punished ) despise dominion , speak evil of dignities , kings , kingship , pet. . to . jude . , . for which the cospel it self denounceth , woe unto you , perishing in the gain-saying of core , jude that you shall utterly perish in your own corruption , and receive the reward of unrighteousnesse , pet. . , . christ himself more tha● once enjoyns you in the cospel , to render to caesar the things that are caesars , to wit , all his dues , tributes , custom , fear , honor , mat. . , . mar. . , . lu. . , , . rom. . . how can or dare you then wrongfully forciblie take away and detain from your rightfull king & caesar , not onlie all these his dues and crown-lands too , but his verie crown & life to boot , & instead of making restitution of them to his son when he came to demand the fruits of his fathers vineyard , do and say with those wicked husbandmen in the gospel , mat. . , . lu. . . this is the heir come let us kill him , and the inheritance shall be ours , and cast him out of the vineyard . o remember the sad doom which christ himself and all his auditors have denounced against you for it in these texts , & luke . . then tremble at it . if all these precepts will not affect nor reform you , consider , that it hath been the general constant importunate desire of all nations , and gods own people too , ( wherin god himself hath gratified them ) to set up kings to judge , rule them , and fight their battels , deut. . , . sam. . . , , . jer. . to . for all the people unanimouslie to rejoyce , and expresse their gladnesse , contentment , satisfaction delight , triumph , at their kings solemn inaugurations , with trumpets , feasts , shouts , acclamations ; & to eccho out this unanimous publick ovation , again and again , god save the king , let the king live , o king live for ever , and to use the self-same expressions in all their private and publick addresses sam. . . sam. . . kings . . , . kings . . chron. . ezra . . psal . . , . dan. . . c. . . c. . . . mat. · . . and will you be antipodes to all other nations , yea to gods own people in all ages , and cry out still with united shouts , o do not save but destroy , crucifie , behead , extirpate , king and kingship too ; away with them , away with them from the earth , let them never live but die , die , and that for evermore ? what madnesse , what frenzie is this ? when the wicked jews cryed out to pilate against our saviour jesus christ , ( who was born king of the iews , mat. . . ) away with him , away with him , crucifie him , crucifie him . pilate himself used this argument to represse their furie , g behold your king , shall i crucifie your king. at which they were so non-plussed , that their chief priests had no other answer but this to evade it , we have no king but caesar , if thou let this man go thou art not caesars friend , whosoever maketh himself a king speaketh against caesar : upon which he deli●●●ed him over to them to be crucified . and when pilate put this title on his crosse , jesus of nazareth , king of the iews , the chief priests were angry at it , and said to pilate , write not king of the iews , but that he said , i am king of the jews ; being all convinced , that it was a most barbarous , shamefull , inhuman , worse than jewish act , for any subjects or people to crucifie their lawfull king , though in a way of publick justice ; whence the apostle thus reasons , cor. . . that had the princes of this world , ( and iews themselves ) known or believed christ to be their king ; they would not have crucified the lord of glory , and shall you not prove then far more transcendently impious , treacherous than the worst of jew , of mortals ; not only in your former crucifying , beheading your undoubted , known , lawfull , hereditary king , which they abhorred to do , but his kingly office and posterity too ; if you cry still , away with them , away with them , wittingly , wilfully , uncessantly , their blood be on us and our children after us ; and will not the wrath of god come upon you and yours to the uttermost for this your high provocation , as it did upon these jews , if you do not speedily repent of it ? thes . . , . it was the loyalty , piety of david , ( a man h after gods own heart , a gallanter commander , souldier , conqueror , than the best & greatest of you ; ) when he was persecuted in the field by his soveraign king saul and his army , hunted as a partridge from place to place to take away his life , and had several opportunities to destroy him without danger put into his hands , and was twice importuned by his rude souldiers to slay him , or permit them to do it ; that he rebuked this evil spirit and counsell in them , and gave them this answer , i the lord forbid that i should do this thing unto my master , that i should stretch forth my hand against the lords anointed , seeing he is the anointed of the lord , destroy him not , for who can stretch forth his hand against the lords anointed and be innogent : and when the amalekite brought tydings to him of sauls death , telling him , that he had slain him by sauls own command ; and presented him with his crown and bracelets , k expecting a great reward from him for those good tydings , being formerly anointed by god to succeed him : he gave him no other answer nor reward but this ; how ? wa st thou not afraid to stretch forth thy hand to destroy the lords anointed ? thy bloud be upon thy head , for thy mouth hath testifyed against thee saying ; i have slain the lords anointed . and he called one of the young men and said , go near and fall upon him ; and he smote him that he died . and david and all the men that were with him ●ent their clothes , and lamented with a most pathetical lamentation over saul ; recorded for ever in sacred writ , sam. . . to the end . the like reward he gave to the murderers of ishbosheth his competitor , sam. . , , . and can you then conceit you were guided by the holy spirit of god which dwelt in david ? or that you deserve the title , of men after gods own heart , of saints , of honorable , pious commanders , soldiers , for speaking , declaring , acting against your k. diametrically contrary to him in all these particulars : and glorying in it as your highest praise , valour , saintship ? his tender heart l smote him to the quick , for cutting off only the skirt of king sauls garment privily , ( when he refused to offer the least violence to his person , as his soldiers counselled him ) because he had cut off saul skirt : and will not your adamantine hearts , ( m harder than the nether milstone ) yet smite you with the least compunction for cutting off king charles his head publickly , and parting not only his garments amongst you , ( as the n souldiers did our saviours , when they crucified him ) but his crown and kingdoms too ? after david succeded saul in his throne , his captains , souldiers , people , were so carefull to preserve his life from the least appearance of danger , n that when he would have gone out to battel against his rebellious son absolom , who usurped the crown : they answered him , thou shalt not go forth , for if we flye away or half of us dye , they will not set their hearts on us , but now thou art as ten thousand of us ; yea they swore to him at another time , thou shalt no more go out with us to battel , least thou quench the light of israel , sam. . . and when absolom was slain , all the people were at strife through all the tribes of israel , saying , absolom whom we anointed over us is dead in battel : now therefore why speak ye not a word of bringing the king back ? whereupon they earnestly contended who should be the fi●st that should bring back the king , sam. . , , , , , , . and can you then not only professedly go out to battel against the king himself and parliament too , against all parliament-votes , o●dinances , declarations , commissions , by which you we●e raised , ●or their mutual defence : but destroy and slay them both , in cold blood , after the battel ended by a friendly treaty , to prevent all accord between them , and instead of bringing the king again to his royal city , parliament , throne , in peace and safety from the isle of wight , not speak one word the●eof , but bring him only back again , to a most disloyal , illegal bloody execution , & not repent of , but persevere in this unparallel'd treachery against his son , even after your anoynted absolom ( who engaged you in these unsaintly , unsoldierly , un-english treasons ) by the * stroke of god himself is dead , and his son set aside by your selves , through divine retaliation ? in few words , can it ever be your honor , glory , a saint● , to be the instrument● , executioners of gods wrath and vengeance upon your own native kings , kingdoms , churches , countrie , to oppresse , consume , and eat out all their publick , private wealth , revenues , and burthen them with endlesse taxes , excises , to maintain your needlesse , uselesse forces , only to over-awe , o overturn them all , yea our parliaments , laws , liberties , with your own new-modelled governments , and governors too , one after another , till they all be brought to total and final desolation ? to do the works of assyrians , babilonians , turks , gothes , vandals , p the roddes of gods anger , his battel-axes , the staff of his indignation , to shake , destroy churches , kingdoms , nations , persons , and make them desolate ; yea worse than the worst of these , who never shoke , destroyed their own kings , kingdoms , countries , but their forein enemies or neighbours , against whom q god sent them in his wrath , for their crying provocations , to break them in pieces and tread them down like mire in the strees ? if you repute this your glory , and resolve to persist therein , without speedy and sincere repentance of the mischiefs you have done , consider and read over , over and over again at your leasure , the taunting proverb , severe judgements , divine and final reward , menaced to , inflicted by god himself by an irreversible decree , and irresistable power , upon the king of babilon himself , his royal posterity , the city of babilon , the whole assyrian host , nation , kingdom , for shaking , destroying , breaking in pieces other kings , kingdoms , nations , and gods own people too for their sinnes , ( as you have served your own kings , kingdoms , churches , parliaments , nations , laws , liberties , against all oaths , and obligations , to the contrary ) recorded at large in sacred writ , isay , . . to · c. . , . jer , . , . ch . . throughout . and then sleep quietly in your beds , and blesse your selves in these your successefull wickednesses if you can ; in respect of your present earthly prosperity , or your posterityes after you . as for your eternal estate in another world , consider that dismal text , psal . . , . a brutish man knoweth not , neither doth a fool understand this : when as the wicked spring as the grass● , and when all the workers of iniquity do flourish , it is that they shall be destroyed for ever . & ps . . , . it hath been your businesse of late years , and now again , ( after your seeming repentance for it in your new declaration , may . ) to shut our kings , lords , honestest faithfullest members of the commons house out of parliament , and forcibly to seclude them when they knocked for entrance , yea to cast some of them into hell , and other prisons for discharging their trusts , and mr. prynne beyond all others . o take heed , that when you shall come t● knock at heaven gates for entrance , and cry , r lord , lord , open unto us , you receive not that answer recorded in the gospel from christ himself ; i tell you , i know you not whence you are , depart from me all ye workers of iniquity into the lowermost hell , and everlasting chains of darkn●sse , where there shall be weeping and gnashing of teeth ; when you shall see abraham , isaac ( yea the secluded mem●ers ) in the kingdom of god , ( which no ſ murderers , rebelli●us , s●ditio●s , vnrighteous covetous persons , plunderers , traytors , n● p●rnitious d●stroyers , s●bverters of kings , kingdoms , parliaments , shall inherit , ) and your selves shut out for ever . you all pretend you are setting up christs kingdom , and propagating his gospel amongst us by your arms , swords , pistols , and army predicants : but we read in the gospel , ● that the souldiers armed with swords , staves , spears , were the only officers and persons imployed to apprehend king t iesus himself , and bring him to justice befor● pilat . the only men who stripped him of his own garments , put upon him a scarlet robe , then plotted and set a crown of thorns on his head , instead of a crown of gold , put a reed into his hand instead of a scepter , & then mocked , spit in his face , reviled , buffetted , and bowed their knees unto him in scorn , saying , hayl king of the iews , and led him away to crucifie him ; after which they gave him vinegar to drink migled with gall , ( instead of a cordial ) crucified him , then parted his garments ; casting lots . after this they set a watch upon his sepulchre , lest his disciples should take him thence . and when he was risen from the dead , to smother the truth of his resurrection ' the chief priests taking counsel together , gave large monie to the souldiers , saying , say ye his disciples came by night and stole him away whiles we slept : so they took the monie and did as they were taught , and this their lye is commonly reported among the jews till this day . these things truly the souldiers did , as the evangelists record to their perpetual honor . after which herods men of war and souldiers ( who likewise set christ at nought , mocked him , then arrayed him in a gorgeous robe , and sent him to pilate to condemn , lu. . . ) stretched forth their hands to vex certain of the church , killed iames the apostle with the sword , apprehended peter and put him in prison , where he was guarded day and night with four quaternions of souldiers , to prevent an escape , acts . . to . but that ever they did set up christs kingdom , and propagate the gospel by their swords and arms otherwise than this , the gospel it self is silent : yea u god himself in precise terms resolves , that men of war , who have fought great battels , and spilt much blood upon the earth , ( though against his enemies ) shall not be at all honoured , employed in building of his temple . yea this as the expresse word of the lord to zerubbabel , when gods house was to be rebuilt , and his kingdom propagagated ; not by army , ( so the hebrew and margin render it ) nor by power , but by my spirit , saith the lord of hosts , is this work to be done ) zech. . . our saviour christ is both the x king , and prince of peace : his gospel the y gospel of peace : his apostles and ministers z ambassadors of peace : and his kingdom consists a in righteousness and peace . now nothing is more b directlie opposite , destructive to , inconsistent with this peace , to the king , prince , gospel , ambassadors , and kingdom of peace , as armies , souldiers , war , arms : and therefore it is observable , that when our saviour sent forth his disciples to preach the gospel , and set up his kingdom , he did not make choyce of captains of thousands , or hundreds , nor yet of souldiers , or armed men : but of mean c fisher-men , and others altogether averse from war ; commanding them in expresse terms , c to take neither gold , silver , nor brasse in their purses , nor scrip , nor two coats , nor yet staves , ( much lesse swords , pikes , horses , pistols ) nor any thing else belonging to a souldier , no offensive or defensive arms , at the most but a single d walking staffe , like travellers , to help , support them : yea christ expresly resolves , that his ministers are and must be no fighters , no strikers , nor strivers , ( much lesse then professed warriers ) john . . tim. . . tim. , . they have no sword , but that of the spirit and their mouth , the word of god , and fight with it only against mens sins , lusts , not persons , eph. . . heb. . . rev. . , . yea when peter once did but draw his sword to defend king jesus against the souldiers , who came with swords and staves to apprehend him , he said unto him , mat. . . put up thy sword again in to its place , for they that take the sword shall perish with the sword : nay the state of the gospel is so inconsistent with souldiers , arms , vvar , that upon the sincere profession of it , god requires the professors thereof , to beat their swords into plowshares , and their spears into pruning-hooks , nation shall not lift up sword against nation , neither shall they learn vvar any more ; but to live in peace with all men , and keep the unity of the spirit in the bond of peace , isay . . mich. . . luke . . cor. . . c. . . gal. . . cor. . . eph. . col. . . thes . . . heb. . . never was the kingdom , gospel , church of jesus christ promoted , advanced in any age or place by war , & swordmen ; but many * churches have been utterly destroyed , extirpated , depraved , corrupted ; none ever edified , planted enlarged , much lesse reformed by them . our present armie-saints , and new military-apostles by their fighting , praying , preaching , fasting , instead of promoting the gospel , protestant religion , and church of england , have almost totally subverted them , by * broaching , countenancing , protecting all sorts of heresies , blasphemies , sects , schisms , errors , opinions , religions , setting up new conventicles of sectaries , seducers in all places , opposing , slighting , traducing the very church , doctrine , ministry of england ; the very function , ordination of ministers , by decrying , detaining their tithes and former maintenance , as litigious , jewish , antichristian ; by swallowing up all the lands , revenues of bishops , deans , chapters , arch-deacons , and a great part of our ministers maintenance by sequestrations , and monthly contributions to maintain their army evangelists , now ready to swallow up the remainder that is left , and continuing in a body for that purpose , by the very jesuites instigation , who not only professedly teach in their publick university at madrid , the art of war by land and sea , the making of guns , gunpowder , fireworks , all manner of military engines , of which they read lectures , as most agreeable to the name , profession of their martial father ignatius , as e alphonsus vargas a spanish priest records ; but boast , f that the general of the jesuites , can bring into the field more souldiers , of his own order , in a shorter time than any christian king whatsoever : and likewise expresly affirm , that their gopsel and religion is to be propagated , set up ; the heretiques , and evangelical sectaries , who resist them , refuted , extirpated , abolished with fire , armies , sword , and war , in england & elsewhere , as jacobus cruciger ( rector of the jesuites at lansperg ) in his explication of the rules of their order , parlus windeck , de extirpandis heresibus antid . , . p. , , . thuanus , hist . l. . p. . l. . p. . franciscus verona . apol. pro johanne castle . par . . c. . hospinian , hist . jesuitica . l. . p. , , . hasenmullerus , hist . jesuit c. . & spec. jesuiticum , p. . unanimously attest . o then discern at last whose gospel , kingdom , you are now propagating by your army , arms , and westminster conventicle , not jesus christs , but the very jesuites , his greatest underminers . many of you ( especially millinaries , and fifth monarchy-men , ) pretend , that jesus christ is now comming to reign personally on earth a thousand years , and that you shall all reign together , as joynt-kings with , or vece-royes under him . but the setting up of a new republick and aristocracy , is wholly inconsistent with this kingdom and monarchy of christ you now expect ; which suites only with a temporal king and kingdom . how this opinion will accord with christs own description of it , john . . my kingdom is not of this world , or pauls , rom. . . the kingdom of god is not meat and drink , ( nor yet arms and armies , ) but righteousness● and peace , and joy in the holy ghost , ( which souldiers , armies usually destroy , not produce , or propagate ) let those who maintain it , consider . when mr. prynne was kept close prisoner in pendennis castle by john bradshaws and our new republicans illegal warrant in july , . some four dayes after his imprisoment there , divers officers and souldiers of the garrison , who had long debated every day for sundry months befo●e , their present expected personal reign of christ on earth , repaired to him , to know his opinion conce●ning it , as he was taking fresh ai● in the bowling-alley , standing in a ring about him : upon which he fi●st demanded their opinions of it : when they had all fully utte●ed their conceits in the affirmative with much considence ; m. pryn briefly answered , that now they had beheaded one of our kings , and almost conquered another , and o●r . kingdoms , they tho●ght , talked of nothing but being all kings themselves , and of reigning person●lly on earth cheek by joll with christ himself , as his fellow-kings , no earthly king being fit to be a companion for such transcendent s●blinated saints as they thought themselves . but they were all most grosly mistaken : for that very text of rev. . , . ( which he read out of one of their bibles ) whereon they principally g●ounded thei● opinions and reign , was pointblank against them . and i saw the souls of them that were beheaded , ( not of them who took off their own christian protestant kings and nobles heads ) for the witnesse of jesus , and the word of god , and which had not worshipped the beast , nor his image , neither had received his mark upon their foreheads , nor in their hands , and they lived and reigned with christ a thousand years : ( is it not added on the earth , and chap. . . rather proves their reign to be in the new jerusalem in heaven . ) but the rest of the dead , ( who were not thus beheaded ) lived not again , ) ( much lesse then reigned with christ , ) till the thousand years were past . by which it is most apparent , that if christ shall reign personally on earth for a thousand years , as they all conceived , and that this time was now at hand : yet not one of them should , or possibly could reign with him , if this text be vmpire : for the words are most positive , that none else shall thus reign with jesus christ a thousand years , but only the souls of those who were beheaded for the testimony of iesus christ , &c. it being expresly averred in the affirmative ; then in the negative , but the rest of the dead lived not till the thousand years were past . upon which account , the late king , and other protestants whose heads they had cut off , and those godly christians they had slain , murdered in the wars ; and perchance himself and others who had lost their ears , liberties , estates , and were shut up close prisoners , for the testimony of iesus christ , and had not worshipped , but opposed the beast of rome , his image , superstitions , innovations , proceedings against the late king , parliament , religion , nor received the mark of the beast in their foreheads or hands , might peradventure reign with christ a thousand years . but as for themselves and other army saints , who made it their businesse , and reputed it their honour , saintship , to cut off the heads of their own christian kings , nobles , brethren ; to destroy kingdoms , parliaments , & their privileges ; secure , imprison , close imprison their members , worshipping the very beast and his image , and visibly receiving his mark in their foreheads , hands , by these their jesuitical practises ; keeping up an army and iron-sword still drawn amongst us , to the great oppressing , undoing of their native country , of purpose to keep off the wooden crosse of iesus christ , which he h expresly enjoyned them with self-denying spirits to take up daily , and follow him , and that other crosse , their own consciences tell them , these perfideous , treacherous practises of theirs justly demerit , they could have no ground at all from this or anie other text to reign with christ in his heavenly or earthly kingdom , out of which these their seditious , unrighteous , and bloody practises did eternally exclude them , as the , , . verses of this very chapter , rev. . , . cor. . , , . gal. . , . resolve . therefore if ever they desired or expected thus to reign with christ , they must all presently repent of these their former exorbitances , put off their swords from their sides , take up christs daily crosse , lay down their own heads upon the block , and then willingly chearfully lose them , not for their reasons and rebellions , but for the testimony of iesus christ , and the word of god , and opposition of their former treasonable plots of the beast of rome ; then they might expect to reign with him , otherwise they had no hopes by the resolution of this text , and that parallel'd place , tim. . . . which excellently explains it ; if we be dead with christ , we shall also live with him : if we suffer , we shall also reign with him : if we deny him ( by refusing to suffer with or for him ) he will also deny us . with which words these formerly confident swordmen were so non plassed , that they had not one word to reply , and gave over all future discourses of this subject ever since , being as unwilling to lose their souldiers pay or heads for the testimony of christ , as the i young man in the gos●el was , to sell all he had and give it the poor , to gain eternal life and treasures in heaven lastly , consider , that as it is the highest glory , excellency of god himself , the greatest comfort , felicity , security of his church , saints , that he is the living god stedfast for ever , dan. . that he is the lord and changeth not , mal. . . that with him is no variablenesse , or shadow of change , james . . that he is the same immutable god for ever , from everlasting to everlasting : that his counsels , thoughts of heart , purposes , truth , faithfulnesse , commands , loving-kindnesse , covenant stand fast , firm , unalterable to all generations , for ever and ever , psal . . psalm . , . psalm . . psal . ● . , lam. . . hebr. . psal . . so it is the most transcendent honour , dignity , glory of god the fathers , and jesus christs kingship , kingdom , and the chief consolation , exultation , beatitude of their subjects and chosen saints ; that the lord is , and fitteth king for ever ; that he is an everlasting king , which reigns and shall reign for ever and ever ; that his kingdom , dominion , throne , are all everlasting , established , and enduring for evermore , for ever and ever , throughout all generations ; that they cannot be moved , and shall have no end , psalm . . psal . . . psal . ● . psal . . . psal . . . psal . . isay . . dan. . . . c. . , . jer. . . mar. . , lu. . , . pet. . . rev. . . hebr. . . lam. . . so also it is the praise , honour , glory of all nations , churches , people , kingdoms , governments , and every particular person , both as a man , christian , counsellour , or publick minister of state , to be constant , stedfast , fixed , resolute , immoveble , and unchangeable in their oath , religion , worship , faith , principle● , co●nsels , resolution● , con●●●● , when true , ju●● , honest , upright , ●incere , commendable , and in their kingly , publick government , evidenced by its antiquitie , the experiences of many successive generations to be beneficial , safe , ju●t , profitable , honorable for the gegeneralitie of the people , and firmlie established by laws , oaths , covenants , prescription , with all other civil and sacred ratifications : as is most apparent by josh . . , . to . p●al . , . . chron. . , , . prov. . . psal . . . p●al . . , , . ps . . , . jer. . . rom. . , , ● , , , . cor. . . cap. . . heb. . , . col. . , , . thess . . . c. . . eph. . , . col. . . acts . . c. . , . rom. , , . pet. . , , . tit. . . chron. . , . c. . , , , , . c. . , , , , &c. c. . . c. . , . . sam. . , , . chron. . , , . to . c. . . chron. . . c. . . ez. . . prov. . . worthy special observation . but it is the sinne , shame , reproach , infamy , dishonor , r●in of any nation , church , peopl● , kingdom , state , counsel , person , to be addicted to changes , unstable , variable , unconstant , fickle , mutable , t●ss●d to and fro , backward and forward , upward and downward , this way and that way , like children , fools , reeds , vanes , weathercocks , empty , clouds , wandring stars , the restless sea and its waves , t●ssed and turned about with every wind and storme ; like wild asses , dromedaries , traversing their wayes ; or whorish women gadding about to change their lovers , wayes , and doting upon every novelty or new lover they meet with , as gen. . . ps . . , , . to . ezech. . . to . jer. . . to . pro. . . . jam. . . . hab. . , . pro. . , . i●ay . . ps . . . mat. . . rom. . . . acts . . pet. . , , . to . c. . . tim. . , . eph. . . jude , , , , . resolve . why then are you alwayes ringing the changes in our churche● , kingdoms , parliaments , government , religion , modelling , unmodelling , chopping , changing , altering , building them up and pulling them down again from day to day , against all oathes , vowes , covenants , laws , establishments , policy , prudence , justice , safety , settlement , by which you become the highest transgr●ss●rs , gal. . ? is this to shew your selves saints , men of god , or prudent senators or statesmen ? no , no : but to be that generation of spoylers and treacherous men , ( no more to be believed , trusted by any , though you speak fair words , may swear and vow ) who have spoiled and dealt very treacherously with your brethren and the house of your fathers , ( who raised , entrusted you for their defence and preservation ; ) against whom god denounceth a woe , and answerable retaliation in conclusion : to be spoiled and dealt treacherously with your selves , ( as some of you , your new protector , and those now sitting have been already dealt with , and others who made them treacherous ) is . . . jer. . , , . c. . . yea such neighbors , brethren as will utterly supplant , deceive , slander their very nearest , dearest relations , whose habitation is in the midst of deceit ; whom god himself commands us to take heed of , and not to trust , for they are all an assembly of treacherous , double-minded men , unstable in all their wayes ; empty clouds carried about with a tempest ; raging waves of the sea which cannot rest , foaming out their own shame , casting out mire and dirt ; wandring stars , to whom are reserved the hackness of darkn●ss ●or ever , as three prophets , and apostles resolve in express terms , isay . , . jer. . , , , , . mich. . , . jam. . , . pet. . . jude , . o therefore now at last repent , repent with greatest grief , shame , horror of this you . treachery , inconstancy , and * harden not your hearts as in the day of temptation and provocation , ( decemb. . . & may . . ) when you erred in your hearts , & wandred out of the way of g●d , peace , truth , justice , righteousn●ss , hon●sty , piety , duty , into * such j●s●itical paths , wherein there is nothing but wasting and destruction ( as god resolves , & all men find by years sad experiment , ) else he will swear in his wrath , you shall never enter into his rest . if these evangelical , scriptural expost●lations will not perswade you , to sound a present retreat , & sue out a bill of divorce from your false good old cause for our future publike safety , peace settlement ; m. p. shall then intreat you to believe your own declarations : in your last , may . . you truly declare to the world that the only wise god in the course of his providence , hath disappointed ; all your endeavours , and rendered all ( your ) means to obviate the dangers and settle these nations in peace and prosperity , vtterly ineffectval . will you know the true reason of it ? it is because ever since you have interrupted and forcibly dissoved the treaty of peace between the late king and his parliament , decemb. . . you have walked in such crooked counsels , pathes of iniquity , bloud , violence , treason , destruction , as whosoever goeth therein shall not know peace , and have neither known nor pursued the true way of peace ; as god himself resolves you , if you dare credit him , isay . . to . which you may do well to study . if you will not believe god , nor mr. prynne herein , pray then believe your own selves , whiles in your right senses , before the good spirit of god departed from you , and now pursue that only way to our peace and settlement you then at least . times successively prescribed . in your humble remonstrance from his excellency and the army under his command , presented to the commissioners at st. albans , june . p. . these are your own printed words : we doe f●rther clearly confess , we do not see how there can be any peace to the kingdom from or lasting ▪ without a due consideration of and provision for the righ●s quiet ▪ and immunity of his majesties royal family and late partakers . and herein we thinke that tender and equitable dealing ( as supposing their case had been ●●rs ) and a spirit of common love and iustice diff●sing it self to the good and preservation of all , will make up the most glorious conquest over their hear●s ( i● god in mercy see it good ) to make them and the whole people of the land lasting friends , the like words , expressions to the same effect you use in your representation of the army , june . & in your generals letter to both houses of parliament , july . declaring it the general sense of all or most of the officers of the army , to avoid all harshness , and afford all kind usage to his majesties person , family , and late party ; as the most honourable , prudent , and christian way and the most hopefull course ▪ to take away the present and future seeds of warr amongst us to posterity ▪ and to procure a lasting peace and a government in this distracted nation : and in your proposals a●g : . for the settlement of a firm peace , you have the like expressions again : as mr. prynne in his speech in parliament , dec. . . ( p. , , , . ) evidenced to the house of commons , perswading them to pursue this only way of peace , and not your quite contradictory remonstr : nov. . ( when debauched by the jesuits , the only way to unsetlement , tumults , warres , desolation ) as experience hath now sufficiently demonstrated . o therefore now at last embrace , pursue this true and only way to safety , peace , settlement by your own quadruple resolutions : and then we shall soon have peace , quietness safety , and assurance for ever . mr. prynne having thus discharged his conscience towards the army-officers and swordmen ; the primum mobile of all our late , present motions and commotions , wheeling about all the rest , he shall in the second place addresse himself to their subordinate , selected westminster conventicle , now fitting under their force and lure , to act , vote what they prescribe them ; forcibly d separating their old fellow members from their company ; and himself above all others , who hath lost , suffred , spoken , written , acted more from time to time for god , religion , laws , liberties , properties , parliaments , and their privileges , against all jesuitical underminers , than all of thē put together , notwithstanding all discouragements , ingrate requitals from them and others . he shall only desire them in relation to the old and newly secluded members , to answer than one expost●larie text , mal. . . have we not all one father ? hath not one god created us ? ( yea one mother , church , countrey engendred , nourished , entrusted us all alike : ) why then doe ye deal treachero●sly every man against his brother by prophaning the covenant of our fathers ? as for your new erected , revived republike ; you so much dote on ; e wherin ye have reigned as kings without ( yea against ) us , and we would to god ye did reign , that we also might reign with you ; he shall desire you for your own , our churches , religions sake , safetie , honour , to consider its papal , jesuitical , antichristian , spanish , french originals , and its sad effects , to their advantage , and the ruine of our religion , alreadie discovered , which you cannot gain say : to weigh his former expostulations with the army-officers , soldiers , and these few scriptural ( to omit manie other political , historical considerations , beyond all refutation , and more to be valued than all politicks of carnal heads or hearts , ) to enamor you again with hereditarie kings and kingship , which you have so rashly , brutishly , persidiously abjured , out of meer self-ends and interests , having not the least syllable in scripture to justifie either the forcible bloudie manner of erecting , new modelling your illegitimate commonwealth , or your adopting it in the place of our old kingdom and kingship . first of all consider , that as jesus christ himself is a king by birth and inheritance , mat. . . lu. . , . so it is also his supremest , royallest title , attribute in the very gospel , that hee is f king , & lord of kings , lord of lords , the prince of the kings of the earth , and the head of all principalities and powers : now the abolishing of kings , kingship , princes , lords , divests jesus christ himself of these his most royal titles and soveraigntie ; because he is thus stiled only in relation to earthly kings , princes , lords , who rule and reign over kingdoms , nations , by , for , through , under him , as his ministers , officers , viceroyes , deputies , and are appointed , commissioned , accountable to , judged , removed by him alone ; as subordinate kings were by the emperors , kings of babylon , assyria , parthia , and our edgar , who were stiled , king of kings , because kings were subjects to them , held their crowns by , from , and under them , and did homage to them as their subjects , as you may read at large in mr. seldens titles of honour , part . ch . . sect . . and dan : . . , . . c. . . . many of these kings losing this title of king of kings , when their subordinate kings and kingdoms revolted , ceased , or escheated into their own hands : in relation to these titles of christ , it is expresly prophecied , ps . . . . the kings of tarshish , and of the isles shall bring presents , ( principally intended , ve●ified of this our island of great britain , which g had the fi●st christian king we read of in all the world , lucius ; the first christian queen , helena ; the first and most glorious christian emperor , constantine the great ; the first christian king who opposed , abolished the popes supremacie , henrie the . the first protestant king who by publike acts of parliament abolished both the pope and poperie , and established the reformed protestant religion ; & the first protestant queen who did the like ; to wit , king edward the . and queen elizabeth ; and more devout pious kings , queens , martyred for religion , canonized for saints , and reputed such in the churches of christ and kalendars of saints , than anie other kingdom or countrie in the world , how great or populous soever , as our own and forein histories record to our immortal honor. ) it then follows , the kings of sheba & seba shall offer gifts : yea , all kings shall fall down before him ( in way of adoration , & by their president and leading example ) all nations ( under them ) shall serve him . how can , how dare you then abolish kings , kingship , lords ( especially in our island ) without committing the highest treason , not only against our kings and lords ; but the lord jesus christ the king of kings , and lord of lords , since regnum angliae est regnum dei , & ipse sibi reges providebit : as our h historians inform us : ) and can you i resist his power with all your armed forces ? are you stronger than he , when he shall enter into judgment with you for depriving him of these title ? ly . consider , it is gods special promise , covenant made to abraham the fat●er of the faithfull , gen : . . i will make thee exceeding fruitful , i will make nations of thee , & kings shall come out of thee ; and his extraordinarie blessing on sara , v : . i will bless her , & she shall be a mother of nations , & kings of people shall be of her . ly , it was judah his blessing , prerogative , gen. . . . thy fathers children shall bow down before th●e : the scepter shall not depart from iudah , nor a law-giver from between his feet until shiloh come . ly , when balaam prophecied of the happiness & prosperity of israel , he useth these as the highest expressions thereof , n●m . . . &c. . . the sho●t of a king is among them : and his king shall be higher than agag , and his kingdoms shall be exalted : ly , it is recorded by the spirit of god , sam. . . david perceived , that the lord had established him king over israel , and that he had exalted his kingdom for his people israels sake . and when god ( after he made him king over them ) had promised by the mouth of the prophet nathan , sam : . . moreover i will appoint a place for my people israel , and will plant them , that they may dwell in a place of their own , and move no more , neither shall the children of wickedness afflict them , as before time , under their judges : how did god effect this promise ? but by establishing an hereditarie kingdom amongst them in david , during his life , whom he caused to rest from all his enemies round about : and when thy dayes be fulfilled , and thou shalt sleep with thy fathers , i will set up thy seed after thee , which shall proceed out of thy bowels , and will establish his kingdom . and thine house and thy kingdom shall be established for ever before thee , and thy throne shall be established forever , ver : , , . how much holy david was transported , yea ravished with this news from heaven , and with what enlargement of spirit he bl●ss●d god for , and prayed for the accomplishment of it , as the greatest blessing and confirmation of his people israel by god himself , v : , , and the highest honor , blessing , to his own house , you may read to the end of the chapter . thus again amplified by him in his speech to his princes , to his captains of thousands , of hundreds , officers , and other mighty men , chron : . . to . the lord god of israel chose me before all the house of my father to be king over israel for ever ; and he hath chosen iudah to be ruler , of the house of j●dah the house of my father ; and among the sons of my father he liked me , to make me king over all israel ; and of all my sons he hath chosen solomon my son to sit upon the throne of the kingdom of the lord over israel . and he said unto me , i will be his father ; moreover i will establish his kingdom for ever , if he be constant to doe my commandements and my judgements , as at this day . now therefore in the sight of all israel , the congregation of the lord , and in the audience of our god , keep and seek for all the commandements of the lord your god , that you may possess this good land ; and leave it for an inheritance for your children after you for ever . an hereditarie kingdom being the chiefest means and blessing under god to preserve the inheritances not only of the princes , nobles and mightie men , but even of colonels , captaines , and souldiers themselves , in gods and davids computation ; who lost all they had , by * ●orsaking their lawful hereditarie kings , and were carried into captivitie . ly , the accomplishment of this promise to david , & his seed , was reputed an extraordinarie blessing to the israelites , not only by king david , solomon , god himself , the people o● jerusalem and the whole land , as you may read in the of kings . , , , , , , , , . c. . . . c. . , to . c. . , , , . worthy perusal : but even by foreign kings and queens : witness that memorable letter of hiram king of tyre to solomon , chron. . , . because the lord hath loved his people , he hath made thee king over them . bl●ss●d be the lord god of israel that hath made heaven and earth , who hath given to david the king a wise son , endued with prudence and understanding , that might build an house for the lord , and an house for his kingdom . and that speech of the queen of sheba to him , king● . . chron : . . blessed be the lord thy god which delighteth in thee to set thee on his throne to be king for the lord thy god : because the lord thy god loved israel to establish them for ever , therefore made he thee king over them to do iustice and iudgement . and the lord magnified solomon exceedingly in the sight of all israel , and bestowed su●h royal majestie , honor , and such riches on him and his people too , as had not been bestowed on anie king or people before him , chron : . , , . chron : . . to the end . chap. . . to . neh. . . ly , god himself records by king solomon , prov. . . . a king that sateth in the throne of judgment scattereth away all evil with his eyes , and bringeth the wheel over the wicked , prov : . . . the king by judgement stablisheh the land ; yea the king that faithfully judgeth the land , his throne shall be established for ever : and he resolve definitively against all opponents , eccles . . . blessed art thou o land , when thy king is the son of nobles . ly , god himself doth specially promise the succession and continuance of hereditarie kings and princes as a blessing , reward to his people for their obedience to his commandements , and chief means of their perpetual continuance in honour , peace and prosperity , jer. . , , . &c. . . and it shall come to passe , if ye diligently hearken unto me saith the lord , to hallow the sabbath day , and do no work thereon , then shall there enter into the gates of this city , ( mark it ) kings and princes sitting upon the throne of david , riding in chariots , on horses , they and their princes the men of iudah , and the inhabitants of jerusalem , and this city shall remain and flourish for ever . ly . it is very remarkable , that though divers of the hereditarie kings of davids posterity were verie wicked and idolatrous , yet god himself ( though * king of kings , who setteth up kings , and pulleth them down , and disposeth of the kingdoms of the earth to whom soever he pleaseth ) by reason of his oath and covenant made to david , would neither remove , nor disinherit them , though he did very sorely afflict and punish them for their iniquities , ps . , , , . to sam. . . to . king. , , , . of this we have a memorable scripture-presidents king. . , , . abijam king of iudah walked in all the sins of his father , which he had done before him , and his heart was not perfect before the lord his god , as the heart of david his father . neverthelesse for davids sake did the lord give him a lamp in jerusalem , to set up his son after him , and to establish ierusalem ; because david did that which was right in the sight of the lord , so chron. . , , . jehoram reigned years in jerusalem , and he walked in the way of the kings of israel , like as did the house of ahab , for he had taken the daughter of ahab to wife , and he wrought that which was evil in the sight of the lord. howbeit the lord would not destroy the house of david , because of the covenant he had made with david , and as he * promised to give a light to him and to his sons for ever which texts compared with psal . . , , , . infablibly ratifie these thtee conclusions . . that as gods covenant and oath made to david , and his royal posteritie , did not determine by davids death , but extended to all his posterity after him ; so our oaths of fealty , supremacy , allegiance , and solemn league and covenant , made to the late king , his heirs & successors in precise terms , determined not by his death , but remain to his royal posterity , and are perpetually to be performed to them , under pain of highest perjury , guilt , punishment , as is most apparent if compared with gen. . . exod. . . josh . . . josh . . , , , , . sam. . , , , . c. . , sam. . , , &c. c. . . to . ly . that the sinnes and wickednesses of davids posteritie , did not cause god himself to break his oath and covenant with them , or judicially to deprive or disinherit them of their crowns and kingdom , contrary to his oath and covenant , which he held inviolable and immutable , ps . . , . psal . , . heb. . , . much lesse then may we or any other subjects , who are but men infringe our oaths , covenants to our sacred hereditarie kings and their posteritie for their sinnes or wickednesse , nor disinherit thē of their crowns , scepters , lives , realm , ps . . . ec. . ly . that a hereditarie succession of kings in the royal line , though many of them be wicked , is yet a special means ordained by god for the establishment , peace , perpetuity of their kingdoms and people : which else would be unsetled , distracted , consumed , destroyed by civil wars , distractions , and usurpers of the crown , destroying , murdering one another , as the kindom of israel was after the revolt of the ten tribes from the house of david , whose * hereditarie kingdom continued at least years after the total destruction & captivity of the kingdom of israel : whose revolt from the house of david produced nought else but a succession of very wicked , idolatrous kings and usurpers , endlesse wars , miseries , publick idolatry , apostacie from god , all sorts of sins , rapines , and perpetual captivity , as the books of kings and chronicles resolve , especially kings . ch . . in which revolt and rebellion , it is observable , that all the priests and levites , and all the godly men throughout the revolting tribes of israel , who set their hearts to seek the lord god of israel , left their possessions and went to ierusalem , and strengthened the kingdom of rheboboam the son of solomon against the vsurper jeroboam , as the scripture records for their honour , chron. . , , , . ly . upon this verie reason god himself records , that when * athaliah had slain all the seed royal but ioash , and usurped the royal throne for six years space , ioash being but an infant , iehojadah the high priest hid him from this usurper till he was seven years old , and then entring into a covenant with the captains of hundreds , rulers , and levites , they all assembled at ierusalem , & entred into an oath and covenant , that the kings son should reign as the lord hath said of the house of david . upon which they presently brought out the kings son , crowned , and anointed him their king , and said , god save the king. which athaliah the vsurper hearing , run out to the people , and cryed , treason , treason ; upon which iehojadah the priest commanded the captains of the host presently to seize upon her , and cary her out of the temple , and slay all that should follow her ; whereupon they laid hands on her , and carried her forth and slew her : after which iehojadah made a covenant between the king and the people , that they should be the lords people ; and all the captains , governors , nobles , and people of the land brought down the kings son from the house of the lord to the kings house , and set the king upon the throne of the kingdom . and all the people of the land rejoyced , and the city was quiet , after that they had slain athaliah with the sword , kings , . &c. chron. . this ‖ ioash being afterwards slain by the conspiracy of his servants against him , amaziah his son , reigned in his stead by hereditarie succession , who when he was established in the kingdō slew his servants that had slain the king his father , but not their children , according to the law of moses . after this * ammon the son of manasses succeeding his father , worshipping his idols , following his sinnes , and trespassing more and more without humbling himself ; his servants conspired against him , and slew him in his own house . but the people of the land slew all that had conspired against king ammon , and made josiah his son king in his stead , ( not disinherited him for his fathers and grand-fathers crying sinner , ) as the only means ordained by god for their safety , peace and settlement . which sacred presidents of gods own registring , and his peculiar peoples making in obedience to his commands , for our imitation in like cases , are a more real , sacred means to our present peace , safety , establishment , than any the army-saints , sectaries , iesuites , and westminster conclave can prescribe , and the parliament , statute of eliz. c. . have declared , enact●diit to be legal , as well as scriptural . ly . when god himself promised restitution from captivity , and resettlement , re-establishment to his people , he doth it by promising the restitution of their lawfull hereditary king and kingdom to them , and the re-uniting of their kingdoms ( formerly divided by rebellion against , and revolt from the house of david and hereditary royal line into one , mich. . c. . . their king shall pass before them , and the lord on the head of them ) even the first dominion , the kingdom shall come to the daughter of jerusalem . zech. . . &c. rejoyce greatly oh daughter of zion , behold thy king cometh unto thee : be is just and having salvation , &c. and his dominion shall be from sea to sea , and to the end of the earth , isaiah . , . beho●d a king shall reign in righteousnesse , and princes shall rule in judgement ; and he shall be as a hiding place from the wind , and a covert from the tempest , as rivers of water in a dry place , as the shadow of a great rock in a weary land , ezech. . , . and i will make them one nation in the land , upon the mountain of israel , and one king shall be king to them all , and they shall be no more two nations , neither thall they be divided into two kingdoms any more . and david my servant shall be king over them , they shall all have one shepheard over them : they shall also walk in my judgements , and keep my statutes , and do them . and they shall dwell in the land that i have given to iacob my servant , even they and their children , and their childrens children for ever , and my servant david shall be their prince for ever . which is likewise repeated and amplyfied ezech. . , zeph. . , . jer. . , c. . , , . which texts , though mistically meant of our king and saviour jesus christ , hereditary son of david , according to the flesh , sitting upon his fathers throne , and ruling for ever over his mystical kingdom and church , as is evident by comparing them with isay . , , . dan. . . lu. . , . yet since king david , solomon , and other pious kings of israel , , and their hereditary kingdom , were types of our spiritual king iesus , and of his everlasting , spiritual kingdom , and christ jesus under the very title , name , notion of an hereditary king alone ( not of an optimacy , oligarchy , popularity , democracy , or elective king ) is thus prophesied to be a saviour , redeemer , restorer , establisher , preserver , defender of his captivated , oppressed , inthralled , dissipated , divided , unreformed subjects , kingdom , church , people ; and his perpetual presence with and reign over them , is made the only ground of the restauration , unity , felicity , prosperity , safety , perpetuity of his kingdom and people , as david , solomon , and other good kings of israel were to their subjects during their successiive reigns : and seeing christs mistical church and saints , are alwaies thus stiled his kingdom , a kingdom , but never a free-state , or common wealth , at least but once , eph. . . the only text throughout the whole bible , where this word is mentioned in any kind , and that not in opposition , or contradistinction to a kingdom , but as the very same thing with it , ( as our kingdom in g some statutes is stiled a common wealth ) as being the h excellentest , honourablest , durablest , freest , happiest , of all other forms of republick , under which general name it is comprised . it thence infallibly follows , that an hereditary kingship , kingdome , is the best , happiest , durablest , securest , honourablest , desireablest of all other governments whatsoever , being the verie government of jesus christ himself , who according to the flesh was born king of the iews and sits upon the throne of david his father , mat. . . lu. . , . and was not chosen king by his saints , like an elective king ; but elected them to be his subjects ; as he expreslie resolves , iohn . . pet. , . . rev. . . and that the restitution of this our antient kingly government , ( not of a new jesuitical , spanish ; outlandish republick ) is the true and only way to our restauration , redemption , peace , settlement , safetie and future prosperity ; as the parliament and most excellent preamble of the statute of h. . c. , ( worthy perusal ) resolves . wherin after many long intestine civil wars for the title , succession of the crown , and soveraigntie of our realm , the nobles and commons assembled in parliament , calling to mind , that the unity , peace , and wealth of this realm , and the succession ( and inheritance ) of the subjects in the same , most specially and principally above all worldly things , ( let our republicans , and westminster juncto observe it well ) consisteth and resteth in the certainty and surety of the procreation and posterity of the kings highness , in whose most royal person at this present time is no manner of doubt nor question , ( as the statutes of jac. c. , . resolve , there was none at all in king iames or king charles ) did thereupon by this special act , and a strict oath , declare aad establish the surety , title or succession of the crown of england in him and his heirs for ever , upon which dependeth all our joy and wealth , as they more at large expresse . ly . god himself in direct terms declares , that it is a matter and badge of honour and prosperity for any nation to be advanced from a commonwealth or principality into a kingdom , ezech. . , . thou didst prosper into a kingdom . and thy renown went forth among the heathen for thy beauty , for it was perfect through my comelynesse , which i put upon thee saith the lord : which compared with rom. . . let every soul be subject to the higher powers , for there is no power but of god , the powers that are ordained of god , col. . . for by him are all things created that are in heaven , and that are in earth , visible or invisible , whether they be thrones or dominions , or principalities , all were created by him , and for him tit. . . put them in mind to be subject to principalityes and powers , to obey magistrates , pet. . , . submit your selves to every ordinance of man , for the lords sake , whether to the king as supream : fear god , honour the king ; are infallible demonstrations , that as kingdomes and kings are of divine institution and planting , so they are reputed , instituted by god and jesus christ , as the most prosperous , happyest , divinest , honourablest , supreamest of all other forms of government and governors whatsoever , created by and for iesus christ , and have been the very governments and governors alone , in and by which he hath precisely promised , declared , that he will most advance his own spiritual kingdom , church and glory , ( as is undenyable by * psal . . psal . · . kings . . isay . . . rev. . . psal . . , . psal . . . psal . . . psal . . . psal . . . ps . . ps . . . ps . . . isay . , . c. . . c. , , , . c. . . rev. . . ) the expresse lively images of christs own spi-spiritual kingdom , kingship , on whose throne alone they sit , as his vicegerents , chron. . . col. . and therefore are stiled kings , kingdoms , not optimacies , or republicks ) yea not only kings but gods , and gods anointed , as well as christ himself , exod. . . iosh . . ps . . , . iohn . . cor. . . sam. . , . c. . psal . . . isay . . lam. . . sam. . . c. . , . c. . , , , sam. . . ly . god himself in sundry scriptures positively declares , and denounceth the plucking up or rooting out of a kingdom , and making it no kingdom , or a base or viler kingdom than it was before ; and the leaving of an antient kingdom without a king , or hereditary successor or heir to sway the scepter , to be a most severe , sad , grievous iudgement and punishment on them for their crying , hainous offences and sinnes against him ; yea an immediate concomitant or forerunner of their utter desoiation , & a matter of present and future lamentation , not of mercy , blessing , or cause of rejoycing , as our seduced bedlam-republicans , army-saints , and pseudo-politicians repute it , as all these texts infallibly resolve , judg. . , &c. c. . . &c. c. . . &c. c. . . hos . . . c. . . . . ( a notable scripture ) is . . , , . c. . . amos . . . , , . c. . . . &c. mich. . . . jer. . . . c. . . to . c. . . to . ezech. . , . ( a signal text ) c. . , , . c. . , . lam. . . c. . . . c. . . c. . . hab. . . , . nah. . , , . hag. . . ezech. . , . against which scriptures ( worthie your particular perusal ) no one text can be produced , to prove it a blessing , benefit , honor to any kingdom or nation whatsoever . ly as for your new magnified common-wealth and aristocracie , preferred by you before our kings and monarchie , . consider that of prov. . . for the transgression of a land many are the princes ( or governors ) thereof but by a man of understanding and knowledge the state thereof shall be prolonged : and compare it with hosea . . for now they shall say , we have no king because we feared not the lord what then should a king do to us : lam : . . . the crown of our head ( to wit , our king , c. . . ) is fallen : wo unto us that we have sinned : servants have ruled over us , there is none that delivereth us out of their hand . and then you must needs confess ; that your subversion of our kingly government by one single person , to set up a polarchie and new republike under many ‖ servants & governors , is in gods own , his churches , peoples account , an heavie judgement , vassallage , bondage on them for their transgressions , sinnes , and a matter of great lamentation , woe , ezech. . , , . not a blessing , ease , libertie , means of their happiness or establishment . . consider , that you cannot derive the pattern of your new commonwealth from the scripture , gospel , church , or presidents of god and jesus christ ; but only from the a old heathen , bloudie romans , after their regifugium ; who were alwaies altering their government from one new form to another , continuing not long in anie one condition , till setled in an emperor , and empire ; and at last in a regal roman pontiff ; in which state it hath continued almost . years ; and the new jesuitical models of parsons , campanella , richeliev , mazarine , spain , france , recommended to you from antichristian rome to work our ruine ; or at leastwise from the old seditious graecians and athenians ; who are thus branded in historians , (b) omnino ad commutandos reipublicae status erant versatiles , et omnium propensissimi ad vicissitudines ; ( as you and the army-officers now are ) which proved their utter ruine ; and caused endless wars and tumults between themselves , till they were subdued , enslaved by the macedonians , persians , romans , and other foreign kings ; as you may read at leisure in thucidides , diodorus siculus , xenophon , plutarch , arrianus justin , bp. vshers , annales-veteris testamenti ; whence heniochus an antient greek comaedian , compares aristocracie , and popularitie unto two scolding women , who coming amongst the grecians , put all things into tumult and disorder , making them bedlam mad against each other to their utter desolation . c tum geminae ad illas accesserunt mulieres quae cuncta conturbarunt : optimatitas est nomen alteri : alteri popularitas quarum incitatu pridem externatae furunt . and have they not produced the self-same madness , furie , and sad effects among the armie , yea and our . kingdoms ? how then can you , or anie wise men , but only tom of bedlams , be anie longer in love with either of them , and preferr them before kings and kingship : when as your selves , as well as other members , declared , resolved in two d declaratoins of april . of decemb. and in the votes of novemb : . & . . that the agreement of the people for a representative and republike ( without a king and house of lords ) are not only seditious , but destructive to the very being of parliaments , and the fundamental government of the kingdom , by king lords and commons . and is this then the way to peace or settlement ? e if the foundations be destroyed , what can the righteous doe to save or settle us ? o therefore let not that brand of the holy ghosts owne imposing rest●anie longer on you , ps . . . they know not , neither will they understand ; all the foundations of the earth are out of course : and although you say , think you are gods , and are all the children of the most high in this pursute , yet you shal die like men , and fall like one of the princes : yea be buried in your own and your republikes ruines again , with greater infamie , shame , loss , than you were on april . . when you were shamefully turned out of house and power together by those who now recall you , and yet will not take warning . mr. prynne is in good hopes , that all these undenyable , unanswerable scriptural considerations will fully convince and convert our republican conventicle , ( and army-officers too ) from their jesuitical destructive modle of a common-wealth , unto the love and restitution of our antient hereditary kings , kingship , as the only divine , saint-like , gospel , safe , probable way to our future lasting peace and settlement , which he intended to have propounded to them . finally , if you are resolved , notwithstanding the premises , to act as a parliament without your secluded fellow members , king , or house of lords , then follow the presidents of all your protestant predecessors in these particulars . . take into your saddest considerations the great increase , disguises of dangerous jesuits and other romish vipers now amongst us , which a. b. a jesuite in his mutatus polemo : or , the horrible stratagems of the jesuits lately practised in england , during the civil wars , and now discovered by him , a reclaimed romanist , imployed before as a workman of the mission from his holiness ; dedicated by him to your own president bradshaw ; published by special command of your new republike ( london printed for rob. white . ) thus relates to your selves and the world , p. , . that he could bring in to your counsel-table a horrible long catalogue of more perniciously damnable actors of jesuitical devils in mens shapes , yea in ministers too , crept in ( from forein seminaries ) to undermine our church and state , then was in the yeer . in that infernal powder-plot : that there was one regiment , or more of them , under sir john kempsfield , a commander of the horse in the late kings armie : who discerning the kings inclination to close with the scots and presbyt●rians , and expecting no advantage to their cause by siding with him , held their private conventicles and councels at oxford , wherein they resolved to desert , and draw off all their own and all his other forces from him , and close with the prevailing parliament partie , which they accordingly effected : ‖ that upon the kings departing to the scots armie , and surrender of oxford , the jesuits , priests and popish partie under him , not only changed the habits of their minds , but bodies also : turning from upside cavaliers and high royalists , and god-dammees , holie converts and parliamenteers : nothing but the holy covenant being heard in their mouthes . for our bodies , proteus is lesse than a fiction to us . he that ere while was a commander in a ranting equipage , is now slinking into a coblers stall , or weavers loom , or tapsters apron , or coachmans box , or beggars weed , or horsemans frock , or serving-mans liverie , or tailors shop , or pulpit-thumping presbyters gippo , into what not . it is not unknown what trade we drive beyond sea , when no trade comes amisse to us . to make this good , our governors the states of this commonwealth ( if they will deign to hear me now their true servant ) shall bee e●tsoon able to call out manie a sheep-clothed-wolf from their stations , stalls , looms , aprons , weeds , liveries , shops , yea and bust coats ; what say you to pulpi●s too ? let not engl. ( now like a bird ( ah me ! ) pursued by several fierce flying falcons , and too too near the intended hard gripes of their cruely sharp tallons ) either out of a dull or drowsie sottishness , or a phantastical humour of contradiction , suppose i ●peak what i know not : if i should tell them i can , and ( now being about to do it ) will ( but privately before authoritie ) produce a catalogue of catholicks , ( fathers ▪ so we will be called ) of several orders ▪ and others that are natives , gone into remote counties , who duly go to church too , and of an incredible number now living in this commonwealth under several notions , whcih i my self can point at with a drie singer . i tell thee in general , there is scarce a town or citie , but in few miles of it i can furnish the reader ( to thy amazement be it spoken ) with some who have lived in england , , , , , , , , , years ( i. b. of ne. in es . ) unknown , unsuspected , but taken for clean contrarie ; let them avoid me if they can : they are his own words , page . to . he shews how mons . mintril ( the french agent ) trepand the poor cavaliers of the kings partie , in transporting them out of scotland into france ; how they were there butchered by the french : such is their love to the royal party of england : what endeavours were used by card : mazarine , father d. and le m. to seduce and corrupt prince charls in his religion both before and after his fathers death ; and what promises were made both by the french and spaniard , that all catholick princes should be invited and consulted with for an unanimous invasion of england , if he would turn catholick . page , . hee hath this memorable passage : during these sollicitations , news comes aloft upon the wings of the wind , that the people and state of england had summoned his father to an high court of judicature , to bring him to a trial for all the innocent bloud he had spilt , and the hideous devastations he had caused . this was no little good news to the cardinalitical party , ( i mean the iesuitical , ) ( this jesuit himself being then at the french and princes court in paris ) for in my next i shall satisfie thee , concerning their cunning workings ; how even those who pretend so much charitie to the son , ‖ did seek by all machinations to expedite and accelerate this high piece of iustice upon the father : and now , say his tutors to him , if they proceed to death with your father , it will prove the better for you ; for it shall utterly alien the hearts & affections of the people from them , and you shall finde them to be more eagerlie violent for your reinvestment , not considering the change of your religion , which by anie means shall not be known , but to your good catholick subjects of england , till such time as you have vested power enough into your own hands to protect it , and your self in it . but indeed the lad had somewhat of his fathers astutiousnesse in him ; and presently asked the cardinal the same question as his father once did the king of spaine , when he was almost easilie intreated to have turned to the faith catholick : how shall i ( said he ) ever expect to be king of england , if once the english should understand i have turned catholick ? to which they easilie gave a sati●factorie resolution , telling him ; that ( as the case now stood ) he must never look to be admitted , but by fire and sword : the main force of armes must make way for him , neither could he in the least atchieve that , or put it in execution without the ayde of catholike princes , which they will never be brought to act in without a firm assurance of your real and faithfull conuersion . what impressions the news of his fathers decollatiō made upon him ; what use the cardinal and jesuits made of it , to induce him and others to poperie ; and what endeavors were used by the jesuits to make up a peace between the spanish and french to invade england , and make it their prey if he would turn papist , under pretext of restoring him to his crown , you may read in this jesuit , p. , , , . and in militiere his victorie of truth , dedicated to king charles after his fathers death , to pervert him in his religion , as the only means of his restitution . these passages of this jesuit , ( who stiles himself , p. . the faithful servant of the common-wealth of england . ● dedicated to president bradshaw himself , and printed by his special command , and our republican governours now sitting , ann. . ( when mr. prynne was committed close prisoner by them without hearing , or accusation ) will justifie the truth of all his ‖ former discoveries ; that your beheading the king , and degrading our kingdom into a new free-state , was the verie french cardinals , spaniards , popes , and jesuits plot , to ruin both our protestant kings , kingdom , church religion , even by your own confessions , and that it gave unto them strong arguments , to perswade the kings posteritie and partie for ever to abominate our religion , as manie of them have done upon this very account , though the king himself , and his brothers yet continue constant ( through gods mercie ) against all provocations ; to their eternal honour , but your perpetual infamie , who have put them upon such direfull temptations . . before you engage in any other business , peruse all former acts and ‖ petitions of our protestant parliaments since eliz. to this present against jesuits , seminarie priests , papists , poperie ; the manifold mischiefs , dangers accrewing by their increase , toleration , and s●spe●sion of our lawes against them ; the causes of their growth amongst us , and remedies to prevent the same : then put them all ( with the oath of abjuration , and . bills against them , assented to by the late king in the last treatie ) into immediate , impartial vigorous execution . . imploy faithfull , knowing , stout , active persons , with sufficient power , and encouragements to discover , detect , apprehend them , under what ever disguise and shelter they now secure themselves : especially take diligent care to ferret these romish vermin and troublers of our israel out of all your armies , garrisons , camps , and all sectarian separate congregations , the boroughs wherein now they lurk securely , by putting them all to the test of the oaths of abjuration supremacie and allegiance . . permit no seminarie priests , friers , romish emissaries of any nation , but especially no jesuits of ‖ any their . ranks to remain in our realms , or dominions : it being impossible to enjoy any peace , settlement in church or state , or to expect anie dutifull obedience , quiet in or from the armie , whiles these ‖ firebrands of sedition , treason , remain within our coasts : upon which account they have been by sundrie proclamations of queen elizabeth , king james and king charles , not only banished out of england , scotland , ireland , and all their dominions ; but likewise out of france , germanie , poland , bohemia , austria , m●ravia , transilvania , hungarie , venice , and other popish kingdomes , states , as well as out of the netherlands , denmark , sweden , and protestants territories : as the authors of all their wars , troubles , tumults , insurrections , rebellions , treasons , regicides , and the publike p●sts of church and state. . put no arms into anabaptists or quakers hands , ( formerly ‖ decrying them , as unlawful ) lest london become another munster , and england another germanie , in few moneths space . . since christ jesus , who is truth it self , hath laid down these . gospel-maxims of infallible veritie : mat : . . to . lu. . . &c. that ravencus wolves in sheeeps clothing , as well as trees , are and shall be known by their fruits . john . . you are of your father the devil , for his works ye doe . rom. . . that to whom ye yield your selves servants to obey , his servants ye are to whom ye obey . if all the premises infallibly convince your consciences , judgements , as they will and must do , that all the forementioned fruits you have produced since december . . are the proper fruits of jesuits and romish wolves in sheeps clothing ; yea the very worst , sowrest of all their fruits and powder treasons : that the workes you have done in murdring our protestant king , destroying our parliaments , kingdoms , government , laws , secluding your fellow-m●mbers and lords house by force , erecting your new republike , and parliamentarie conventicle , &c. are the works of the jesuites and devil ; that you have yielded up your selves as obedient servants unto them in everie of these , against your own former oaths , protestations , vows , covenants , declarations , commissions , principles , professions , judgments , rightly informed consciences : the votes , obsecrations , disswasions of your fellow members , and most indeared protestant friends , ministers , relations : the indentures , desires of those counties , burroughs you represent : and that the very principles , by which you have acted since dec. and now again , a●e the very jesuits principles ; as you may read at leisure in johannis mariana , de rege & regum institutione , l. . c. . creswels philopater , franciscus verona constantini , apologia pro johanne castellio et jesuitis ; jesuitae reinaldi liber , de iusta reipublicae christianae in reges impios et haereticos authoritate , &c. published under the name of william rosse , in ludovicus lucius historia jesuitica , l. . c. . hospinian hist . jesuitica , l. . & . & speculum jesuiticum , printed . wherein you may truly view your jesuitical physiognomies , heads , perrewigs , instead of your old genuine protestant complexions , brains , notions , hair . and if the present fresh address●s , petitions of anabaptists , quakers , sectaries , from southwark , warminster , hertfordshire , kent , and other places to the army-officers , and your selves , with their late listings in the army , affronts to ministers in their churches , ejection of some of them to intrude themselves , alreadie budding forth , sufficiently discover whose servants you are , and whose drudgerie you must execute . o then immediately abjure , rescinde , and null them all with highest indignation , and persist no longer in any such destructive waies , counsels , projects , under any pretext , consideration , interest or perswasions whatsoever : but rather remember mr. oliver saint-johns words ( now sitting amongst you ) in his argument at law against the earl of strafford ( printed by the commons house special order ) p. . in this i shall not labour to prove ; that the endeavouring by words , counsels and actions , to subvert the fundamental lawes and government of the kingdom is treason by the common law : if there be any common law treasons left , nothing treason if this he not , to make a kingdom no kingdom : and then consider sir edward cooks memorable observation ( published by the commons order ) instit . c. . p. , . it appeareth in the holy scripture , that traytors never prospered , what good soever they pretended , but were most severely and exemplarily punished ( in conclusion : ) which he proves by the examples of corah , dathan , and abiram , num. . , . c. . . athaliah , kings . . . bigthan and teresh , esth . . . . c. . . absolom , sam. . . . abiathar , king. . , . shimei , sam. . , . kings . . . zimri kings , . . theudas , acts . , . and judas iscariot , the traytor of traytors , acts . . mat. . . peruse over all our books , records , histories , and you shall finde a principle in law , a rule in reason , and a trial in experience , that treason doth ever produce fatal and final destruction to the offender , and never attaineth to the desired end ( two incidents inseparable thereunto . ) and therefore let all men abandon it as the most poisonous bait of the devil of hell , and follow the precept in holy scripture : ‖ fear god , honor the king , and have no company with the seditious felix quem faciunt aliena pericula cautum . so he . now because m.p. finds some grandees of his own profession sitting in the house to countenance and make up this vnparliamentary juncto , he shall desire them in the first place seriously to consider , how much they have formerly and now again dishonoured themselves , and the whole profession of the law , in sitting in , complying with acting under , such illegal anti-parliamentary conventicles , powers , changes , changers ; yea crying them up for legal english parliaments , powers , obeying , executing all their illegal new knacks , orders , ordinances , as acts of parliament in civil , criminal , real or personal causes , against all records , law-books , presidents of former ages , their own judgments , oaths , science , consciences , to the intollerable scandal of their robe , the injurie , abuse of the whole nation , the prejudice of all their lawfull superiours and the publick , the encouragement of usurping traytors , tyrants , oppressors , in their waies of wickedness , the ill example of most others , and their own just reproach . ly . to observe , how god in his retaliating justice , hath recompensed this their wilfull prevarication upon their own heads , by turning many of them out of their respective places of judicature , honor , profit , ( the ground of this their sinfull complyance ) with infamy , dishonour , reproach , even by the very persons with whom they unworthily complyed , and those especially in present power , who had neither been an house of commons , much lesse a mock parliament , without their presence and complyance . ly . that the base unworthy , unchristian complyance of the lawyers and clergy of england , with our late trayterous innovators , usurpers , out of base fear , sordid covetousnesse , ambition , self-saving , or self-seeking , to the prejudice , ruine of king , kingdom , parliament , lords , law , hath brought an universal odium upon them , with those with whom they most complyed , as well as others , the army officers and present juncto , under a pretext of reforma●ion , designing both their ruines through the jesuites politicks , who now bear greatest sway , having turned many of them with scorn and contempt out of their former places of judicature , beyond their expectations , and reviled both their persons and professions , to their faces , as a generation of sordid temporizers , and useless , faithless persons , not fit to be entrusted any more , but discarded out of their new lawlesse republick , which hates both law and gospel , as warranted by neither , and repugnant unto both . ly . that the only way now to regain their lost honour , and preserve both our laws , liberties , religion , establish future peace , settlement , and prevent impendent ruine , is , to endeavour to restore our antient , hereditary , just , legal kingship , kings , governors , government , with all their necessary invaded prerogatives , lands , revenues , rights , jurisdictions , and inviolably to preserve them with their lives and estates against all conspiracies of popes , jesuits , and foreign enemies to subvert , and undermine them in any kind ; as the several memorable parliaments and statutes of h. . c. . h. . c. . h. . c. . h. . c. . e. . c. . e. . c. . eliz. c. . . . eliz. c. . . . eliz. c. . . , eliz. c. . , eliz. c. . . . eliz. c. , . . . eliz. c. , . eliz. c. , . eliz. c. . , . eliz. c. , . eliz c. , . jac. c. . jac. c. , , , , , . jac. , , . jac. c. , . & car. c. , . in their respective preambles and bodies ( worthy our most serious review in the statutes at large ) resolve , being more to be credited , pursued , than all the rash jesuitical suggestions , votes , and inconsiderable resolutions of any unparliamentarie conventicle , or upstart pseudo-polititians , advancing themselves to the helm of our new republick , by colour of the statute of car. . which bill by the commons house resolution in their ‖ remonstrances of dec. . seems to be some restraint of the regal power in dissolving of parliaments , not to take it out of the crown , but to suspend the execution of it for the time and occasion only , which was so necessary for the kings own security , and the publick peace , that without it they could not have undertaken any of those great things , but must have left both the armies to disorder and confusion , and the whole kingdome to blood and rapine , therefore the parliament must needs determine by the kings death , as he hath infalliby evidenced beyond contradiction . in the last place , mr. prynne shall most importunately beseech all the antient nobility , secluded members , well-affected gentry clergy , commonalty of the english nation ( which had never so many effeminate , false heads , and hearts as now , many a jesuite , priest , monk , lurking under the disguise of womanish perewigges brought into fashion by them ) as they now tender their own private , or the publick safety , weal , settlement , and preservation of our endangered church , religion , kingdom , parliament , laws , privileges , properties , and prevention of their impendent ruine . first of all seriously to consider , lament , cast off , reform , their own late , present , monstrous sottish stupidity , sleepinesse , b self saving , self-seeking spirits , and most unworthy , un-manly , un - english , unchristian pusillanimity , cowardize , c fear of a few contemptible mercinary mortal men , who shall shortly dye , and become as dung upon the earth ; and their grosse breach of all publick oaths , protestations , leagues , covenants , in not opposing , resisting them manfully in their several places and callings ; which hath been the principal cause of all the publick changes , innovatons , oppressions , grievances , exorbitances , insolencies , they have hitherto suffered by their own armed hirelings , and are the d saddest symptomes of our approaching imminent desolation : if not speedily repented , redressed , redressed , ere it be over late . ly . to pursue these gospel advises , cor. . . watch ye , stand fast in the faith , quit ye like men , be strong . gal. . . phil. . , . stand fast in the liberty , wherewith christ hath made you free , and be not intangled again with the yoke of bondage ; in one spirit , striving together with one mind for the faith of the gospel , ( the fundamental , laws , liberties , government , privileges of the nation ) and in nothing terrified by your adversaries , which will be to them an evident token of perdition , but to you of salvation , and that of god. ly . do you all now publickly , resolutely , constantly , unanimously , ( according to the e tenor of the solemn league and covenant ) claim , assert , vindicate , and endeavour to preserve with your lives and fortunes , the reformed religion , worship , doctrine of the churches , the rights and privileges of the parliaments , the laws and liberties of the kingdoms of england and scotland , and the kings majesties person , authority and posterity , in the defence and reformation of the true religion , and liberties of these kingdoms . and with all faith fulnesse endeavour , the discovery of all such as have been , are , or shall be incendiaries , malignants , or evil instruments , by hindring the reformation of religion , dividing the king from his people , or one of the kingdoms from the other , making any factions or parties among the people , contrary to this league and covenant , that they may be brought to publick tryal , and receive condign punishment ; assisting , defending each other in the maintenance and pursuit thereof , without any division , withdrawing , defection , or detestable indifferency , or neutrality whatever . for which end , in a brotherly , friendly , christian , yet stout and resolute manner , demand publickly of the general counsel of army officers , and their westminster conventicle . . by what lawfull commission , authority , or warrant from god , our laws , or the generality of the people of england ( whom they have voted the supream authority , and whose servants they pretend themselves ) they have formerly and now again , forcibly secluded the whole house of lords , and majority of the commons house , from sitting in our parliamentary counsels , or the old parliament if yet in being , and made themselves not only a commons house , but absolute parliament without a king or them , contrary to the very letter , scope of the act of car. c. . by which they pretend to sit ? ly . by what authority they presume to turn our most antient , glorious , famous , honourable , first christian kingdom , into an infant , base , ignoble , contemptible sectarian free-state or commonwealth , and disinherit our hereditary kings and their posterity , against all our laws , statutes , declarations , remonstrances , oaths , vows , protestations , leagues , covenants , customs , prescription time out of minde , liturgies , collects , canons , articles ; homilies , records , writs , writers , and their own manifold obligations to the contrary for their inviolable defence , support , and preservation , only in pursuit of the jesuites , popes , spaniards , and french-cardinals forecited plots ; and who gave you this authority ? the rather because the whole english-nation , and high court of parliament , wherein the whole body of the realm is , and every particular member thereof , either in person or representation , ( by their own free-elections ) are deemed to be present by the laws of the realm , did by an expresse act , jacobi c. . ( worthy most serious consideration ) with all possible publick joy and acclamation , from the bottom of their hearts recognize , and acknowledg , ( as being thereunto obliged , both by the laws of god and man ) that the imperial crown of this realm , with all the kingdoms , dominions , and rights belonging to them , immediately after the death of queen elizabeth , did by inherent birth-right , and lawfull and undoubted succession descend & come to king iames , as next and sole heir of the blood-royal of this realm , and therunto ( by this publick act of parliament , to remain to all posterity ) they did humbly and faithfully submit and oblige themselves , their heirs and posterity for ever untill the last drop of their bloods be spent , as the first fruits of this of this high court of parliament , and the whole nations loyalty and faith to his majesty and his royal posterjty for ever : upon the bended knees of their hearts agnizing their most constant faith , obedience , and loyalty to his majesty and his royal posterity for ever . after which the whole english nation , and all parliaments , members of the commons house ever since , and particularly all members of the parliament of caroli , continued by the statute of car. c. . pretended to be still in being , did by their respective oaths of allegiance , fealty , homage , and supremacy , ( containing only such duty , as every true and well-affected subject not only by his duty of allegiance , but also by the com-mandement of almighty god , ought to bear to his majesty his heirs and successors , as the parliament , f and statute of iac. c. . declares ) joyntly and severally oblige themselves , 'to bear faith and true allegiance not only to his majesty , but his heirs and successors , and him and them to defend to the uttermost of their power against all attempts and conspiracies whatsoever , which shall be made against his or their persons , their crown and dignity , g or any of them , and to maintain all iurisdictions , preheminences , authorityes , justly belonging , united , or annexed to the imperial crown of this realm ; which all members of the long parl. & those now sitting ratified , not only by hundreds of printed declarations , remonstrances , ordinances , but likewise by a religious protestation , vow , and solemn national league and covenant , ( publickly sworn and subscribed with all their hands , in the presence of god himself , and by all the well-affected in these three kingdoms ) but by all our ordinary publick liturgies , collects , directory articles , homilies , prayers before sermons , in all or most of their families , closet-prayers , yea graces before and after meat , wherein they constantly prayed to god , ( according to the h practise of the saints in the old and new testaments , the primitive church of god , and heathen nations , & of the church , parliaments of england themselves , in all ages , ) not only for the health , life , wealth , safety , prosperity , preservation , salvation of our kings and their realms , but likewise of their royal issue and posterity . that there might not want a man of that race to sway the scepter of these realm , so long as the sun and moon shall endure , or to the like effect and if they cannot sufficientlie satisfie your judgements , consciences , in this particular , nor answer the precedent reasons in defence of our hereditary kings & kingship , against their vtopian republick , then take up the peremptory resolution of all the elders , and tribes of israel , when oppressed by samuels sonnes mis government , turning aside after filthy lucre , and perverting judgement , sam . and say resolutely to them , we will have no new common-wealth nor vnparliamentary conventicle to rule over , oppresse , ruine us , nay , but we will have a king ( our own lawfull hereditary king ) to reign over us , that we also may be like all other nations , ( yea like our selves and our ancestors in all former ages ) and that our king may judge us and go out before us , and so put a speedy end to all our present & future changes , wars , troubles , fears , dangers , oppressions , taxes ; and restore us to our pristine peace , settlement , unitie , amitie , securitie , prosperitie , felicitie , upon the propositions assented to by his beheaded father in the isle of wight , whose concessions the ho : of commons without division , after . daies and one whole nights debate , ( dec. . notwithstanding all the armies menaces ) resolved upon the question , to be a sufficient ground for the house to proceed upon for the settlement of the peace of the kingdom : upon better terms , and greater advantages , than ever they have yet enjoyed , or can possiibly expect from any new free-state , or other new armie government or governours whatsoever . the old parliaments , statutes of h. . c. . h. . c. . & eliz. c. . ( the most impartial judges in this case ) long since resolving , that it is , and of very right and duty ought to be the natural inclination of all good people , like most faithfull , loving , and obedient subjects , sincerely and willingly to desire and provide for the supportation , maintenance and defence of the person , crown , royal estate and succession of their dread soveraign king , upon and in whom all their worldly ioy and wealth , and the surely of them all , next under god , doth principally depend ; as we have experimentally found by all the miseries , oppressions sustained under our late new forms of governments and governors , whose * little fingers have been heavier than our kings whole loyns ; and the counsels , proceedings , of our young raw statesmen , more pernicious , exorbitant than the old ones under our kings . which should engage all to return to their old kingly government . ly . if they will not upon anie terms be serued up to such a degree of christian , or old english resolution , as thus to expostulate with their servants , hirelings , and fellow members , after so manie high and bloudie contestations with their lawfull soveraign in parliaments , and the field , when their laws , lives , liberties , church , religion , kingdom , and all earthly comforts were less endangered than now in their own judgements ; mr. prynne shall then intreat them only to take so much courage , as over-timerous * king jehoshaphat and his cowardly people did , when three confederated forein nations came up to invade and destroy their kingdom ; and to act as they did then . first , let them appoint a publike fast throughout the kingdom , citie , countrie , and use the self-same praier as they used . o our god , wilt thou not judge them ! for we have no might against this great companie , ( no nor that little conventicle , inconsiderable handful of armie-men & sectaries now combined against us ) but our eies are unto thee ; annexing t● it this praier of david , ps . . deliver us o lord from the evil man , preserve us from the violent men , which imagin mischief in their heart , continually are they gathered together for war. grant not , o lord , the desire of the wicked ; further not their wicked devices , lest they exalt themselves , let the mischief of their own lips cover them ; let them be cast into deepe pits , that they rise not up again : let not an evil speaker be established in the earth ; let evil hunt the men of violence to their overthrow : then pursue the prophets advice from god unto them . hearken ye all judah , and ye inhabitants of jerusalem , thus saith the lord god , be not afraid nor dismaid , by reason of this great multitude ( much less of this small conventicle ) for the battle is not yours , but gods. to morrow go out against them , ye shall not need to fight in this battle : only set your selves ( in array against them ) and stand still : ( keep your ground , fear not , submir not to their power , usurpations , impositions in any kind ) and the lord will be with you ; whereupon they rose early in the morning , and went out against them with their priests before them , singing praises and psalms of thanksgiving to god. and when they began to sing and praise , the lord set ambushes against the children of ammon moab , and mount-seir , which were come against judah , and they smote one another ; for the children of ammon and moab stood up against them of mount seir , utterly to slay and destroy them ; and when they had made an end of them , every one helped to destroy another . and when judah looked upon the multiude , behold they were dead bodies fallen to the earth , and none escaped . whereupon jehoshaphat and his people gathered up their spoiles for . daies space together , they were so great ; and on the th day they blessed the lord , and returned with joy to jerusalem , ( without the losse of anie one mans life , or one stroke struck by them ) because the lord fought against the enemies of israel . imitate but their example herein ; go out only couragiously against these invaders of your countries rights , liberties , privileges , without fear or dispondencie ; own not their incroached parliamentarie power , acts , impositions , edicts , taxes , excises in anie kind ; keep fast your purse-strings , and part with no farther pay to your armie-saints , till they obediently submit to your commands , as their masters , and acknowledge themselves to be your mercinarie servants , not your soveraign new lords , masters : then without any more fighting , bloudshed , danger to your persons or estates , you shall soon behold hold the mungrel multitude of anabaptists , quakers , sectaries , republicans , vanists , cromwellists , jesuits , papists , now combined against you , divided against each other ( as you see they are pretty well ) and every of them will help to destroy one another , as they begin to doe ; and their westminster new-convened vn-parliamentarie conventicle thrust out of doors by themselves again , with greater scorn , infamie , derision , damage to them , than heretofore : as obad. . . ezech. . . deut. . , . , . ps . . , . ps . . . ps . . . prov. . , , c. . , . mich. . · to . hab. . , . rev. . . c. . . c. . , , . mat. . . judg. . , . may assure both you and them , compared with gods late wonderfull providences of this kind upon all sorts of innovators : so as you may sing , k they are brought down and fallen , but we are risen and stand upright . but if you neglect or refuse to follow this advice ; beware lest through your unworthie cowardize and negligence in this kinde , you become not a speedy prey to these ravening wolves , now likely to transform london into another i munster , and england into a second g●rmanie ; as in the year . mr. prynne having thus fully , faithfully , sincerely discharged his dutie , and satisfied his own conscience ; is resolved to n lie down quietly , to take his rest , and hope for the salvation of his god ; concluding with the words of st. paul in a like case , tim. . , , . , , . i am now ready to be offred , and the time of my departure is at hand . i have finished my course , i have kept the faith : henceforth there is laid up for me a crown of righteousness , which god the righteous judge shall give me at that day . at my first answer no man stood by me , but all men forsook me : i pray god that it may not be laid to their charge : notwithstanding the lord stood by me and strengthned me , that by me the preaching might be fully known , and that all the gentiles might hear : and i was delivered out of the mouth of the lyon , and the lord shall deliver me from every evil work , and will preserve me to his heavenly kingdom ; to whom bee glorie for ever and ever , amen . isay . . to . associate your selves o ye people , and ye shall be broken in pieces ; gird yourselves and ye shall be broken in pieces ; take counsel together , and it shall come to nought ; speak the word and it shall not stand : for god is with us . for the lord spake thus to me with a strong hand , and instructed me , that i should not walk in the way of the people ; saying , say not a confederacie , to whom this people shall say a confederacie , neither fear ye their fear , nor be afraid . but sanctifie the lord of hosts himself , and let him be your fear , and let him be your dread , and he shall be for a sanctuarie . ps . . , , . o lord , i have walked in thy truth ; i have not sat with vain persons , neither will i goe in with dissemblers . i have hated the congregation of evil doers , and i will not sit with the wicked . pro. . . the fear of man bringeth a snare , but he that putteth his trust in the lord shall be safe . ps . . , , : ps : . . the lord liveth , and bless●d be my rock , and let the god of my salvation be exalted . he delivereth me from mine enemies , yea thou liftest me up above those that rose up against me ; thou hast delivered me from the violent man : therfore will i give thanks unto thee , o lord , among the heathen , and sing praises unto thy name . it is he that giveth salvation unto kings , that delivereth david his servant from the hurtfull sword . great deliverance giveth he unto his king , and sheweth mercy to his anointed ; to david and to his seed for evermore . thomas campanella de monarchia hisp : c. . omnis haeresis cum ad atheismum delapsa est per sapientem prophetam in veritatis viam reducitur ; habent enim haereses periodum suam ad modum rerumpublicarum ; quae à regibus in tyrannidem ; à tyrannide in statum optimatium , et inde in oligarchiam , atque tandem in democratiam , & in fine rursus in statum regium revolvuntur . william prynne . from my studie in lincolns inne may . . finis . errata . page . l. . dele it ; p. . l. . melston , r. millington , p. . ● . . precope ; p. . l. . r. . p. . l. . erecting , r : exciting ; p. . l. . both , r. doth ; p. . l. . as , r. was . notes, typically marginal, from the original text notes for div a -e * see the epistle and appendix to my speech in parliament ; and the d . part to the history of independency . a the true state of the case of the common-wealth in reference to the government by a protector and parliament : maintaining therein a full conformity to the declared principles and engagements of the parliament and army . it being the opinion of divers persons who through out the late troubles have approved themselves faithfull to the cause and interest of god and their country . presented to the publick , for the satisfaction of others , printed . p. , . which mr. prynne had then in his pocket . * ian. . . (a) see mr. prynnes epistle and appendix to his speech in parliament , his d . part of the narrative of the armies force , . and a new discovery of free-state tyrany . . (b) see his brief memento to the present unparliamentary iuncto . . (c) in his memorial for reformation of england . . watsōs quodlibets p. . to . . to . wil. clarks his answer to father parsons libel , p. . (d) de monarchia hisp●nica , c. , . (e) romes master piece , and hidden works of darkness brought to publick light . (f) historia part d. venetiis , . p. , . (g) see the instrument of government , and petition and advice , section . * a collect p. , , , , , . i appendix to his speech , p. . and relation of the members seclusion . * see mr. prynne good old cause stated & stunted , p. , , . , , k see mr. p his gospel plea , watsons quodlibers , and the case of the common wealth of england rightly stated . i see his legal plea against illegal taxes , his legal vindication , p. , , . his brief register of parliamentary writs , and plea for the lords . l e. . rastall armor , . cooks instit . p. . mr. prynnes brief register of all parliamentary writs p. , . , , . exact abridgement of the records in the tower , p. , , , , , ●● , , , , . m mr. prynnes brief register and survey of parliamentary writs p . n see their votes , jan. . declaration , martii . the agreement of the people and armies remonstrance and petition nov. . . & ian. . . o jac. ch . . ash-parliament . . p cl. . e. . m. . dors . q h . rot. parl . n. . plea for the lords , p. . r canterburies doome , p. , . mr. pyms speech , f●br . . * see his legal vindication against illegal taxes p. . to . his plea for the lords : and brief register . * mr. rushworths historical collect. p. , . ſ cooks instit . c . cromptons jurisdiction of courts , be tit. parliament . a brief register , survey of parliamentary writs p. , , , . mr. rushworths historical collection , p. . t cooks report , calvins case , f. . * e. . & . v see mr. prynnes brief register , kalendar & survey of parliamentary writs . a cooks instit . p. . b. & rep. f. . dyer , ash . authority . . & the books there cited , h. . c . * dyer , f. . b modus tenendi parl. h. de knyghton de event . angliae l. . col . . . grafton p. , , mr. prynnes plea for the lords , p. , . exact collection , p. . . . c plowden , f. . dyer , f. . b. mr. seldens titles of honor , & mr. prynns plea for the lords , and house of peers . d cooks : instit . p. . e. . rot . parl. n. . r. . rot . parl. . n. . h. . n. . e exact collection , p. , , , , , , , , . x cooks ● report . calvins case , f. . y see the history of independency , part . salmatius & bochartus . z hab. . . objection . answ . nota. * better acts than ever the republicans made or intend to make for the peoples ease and benefit : who only doubled , trebled all their taxes , grievances , insteed of removeing them . n brooke , perkins , fit●herbert , ash . tit. condition . o serj. finch his maximes of the law , cook and others . d exact col. p. . e exact col. p. . f exact col. p. . g exact col. p. . h exact . collect . p. . i exact collection p. . k exact collect . p. . * some of them prisoners in execution , sent for out of goal , to make up an house . * kin. . , . c. . , king. . to . * see exact col. p. , , to . a alexand. ab alexandro , gen. dierum , lib. . c , . sam. , . c. . , , . , . . c. . h. . c. . exact collect. p. . b page . sect . . printed by the armies special order , . * ol. cromwell , ireton , corn. holland , and others of them , stiled themselves a mock-parliament , as iohn lilburn affirms . c grotius de jure belli , l. . c. . sect . . . d plowdons comentaries , f. . , , , . e. . . a watsons quodlibets , p. , . b quodlib●ts , p. , , , ●● , . , ● , , , . b quodlib●ts , p. , , , ●● , . , ● , , , . nota. c quodlibets , p. , , . d quodlibet , . p. , . nota. e here p. . f imaginū antwerp , an . . speculum jesuiticum , p. . g see his epistle before his historical and legal vindication , &c. an. . h romes master piece , hidden works of darknesse , &c. a collection of ordinances , p. . i a collect. of ordinances . p. . k a collect. p. , , , vid. wekye of durb a collect p. . l romes masterpiece m a collect. p. . the history of independency part . n the history of independency p. . o see mr. prynnes speech , memento , & epistle to his historical & legal vindication . ludovicus lucius , hist . iesuitica , p. , , . p see the false iew , and his examination , printed . q see his epistle before his printed book . . * see his iustice ō the armies remonstrance . . a see the prositions to the king and mr. prynnes speech , p. , . his discovery of free-state tyranny p. . b see their votes in feb. . and act for taking the engagement , sep. . . c iac. c. . ro. bellar. responsio ad apol. pro iuramento fidelitatis . d see the lord william hewards and prestons books in defence of the oath . mr. rushworths historical collections , p. . f iac. c. . e see the d . part of the history of independancy . g see grorius de iure belli , l. . c. . dr. sanderson of oaths . h see their knack , sept. . . l speculum iesuit . p. . , . ludovicus lucius , hist . iesuit . l. c. p. , , . , . * near two hundred thousand pounds a year more than all the rovenues and taxes amount to , such good husbands are we k see the diurnals and almanacks from . to . v see mr. prynnes discovery of free state tyranny , p. , . * see prynnes epistle before his legal and historical collections , &c. . l see the d . part of tbe history of independancy . n see his book and description of the west-indies . o see romes master-piece and hidden works of darkness brought to publick light . * here p. . p see mr. prynnes d. parr of his legal historical vindication & collection , &c. p. . to . q ibid. p. , . flor. wigorn. sim. dunelm . hoveden , mat. westm . mat. paris , bromton , anno , . r malm. de gest . reg. l. . p. . ſ malm. ibid. sim. dunelm . col. . brompton , col. . t flor. wigom . p. . sim. dunelm . col. , . u flor. wigorn . p. . sim dunelm . col. . hov. annal pars . p. . * malm. de gestis reg. l. . p. . * mat. . , , . * see august . tom . ser. . * pet. . . z epistola . tom. . see homil. . ser . . tom. . peter lumbard , sent . l. . dist . . and the schoolmen on him . alex. alensis , sum . theol. pars . quaest . . mem . . * sodainly takē frō his son by his nearest relations and army-officers , notwithstanding their proclaiming him his successor , and all addresses to live and dye with him ; and that without one drawn sword . * august . ep. . * first 〈…〉 i●●●●●tor . subegii a●●ci●●● , soaem 〈◊〉 , ●orati●● , 〈◊〉 , ●ungarum , p●lati●●tam ut : ●● que , v●tisqu● hae 〈…〉 , huli●●● , & re●bilionum pa●es calvinistas , expolit & pe●●lig●vi , a● to princip●● gr●●tod , pergit● 〈…〉 , op●eloe ●cibos ●d eo auspici ●caeptom confi●ire , pitidos ●●di . rebellem calvini afresin pae●● va●um s●i●pi●us ubi i●●● ex dicate , a● p●rt●dio & 〈…〉 revel●s●●t● , 〈◊〉 que vi●eto● 〈◊〉 qu●●e c●lli●●o , &c. cenollu . cae●l● sel●●● . prae●● . . 〈…〉 p●op●e●●● prae●● : s●● m. 〈…〉 or truth . * rom. . ● . a de monarchia hisp . c. , , . b see his instructions . c paulus windeck de extirpandis haeresibus antid . . p . . . & . hospinian hist . jesuit . l. . & l . p. , , . lud. lucius , h●st jesuit . l. . p. . l. . p , , . johan . cambilhonus , de rebus jesuitarum abstrusioribus . an. . d see my . & . demurrer to the jews long discontinued remitter into england . * see hete , p. , . e my quakers vnmasked , and new discovery of romish emistaries , . f see his whitehall ordinances for excise and taxes , decemb . & march . may . & june . . & the . part of my legal and historical vindication , &c. p. . to . a exact . collection . p. . , , , . . . , to . . . , , . , , . . . . to . . . . b a collection of ordinances p. . . . , . , . . , , . . . , , . . . . . . . . . : . . . , , . . . to . . . . , . . . . . , . appendix . p. . . * here , p. . c see their impeachments , trials . the act & ordinance for their attainders , mr. pyms speech , mr. st. iohns declaration , & argument against them , and first part of my legal and historical vindication , &c. * lilly , and culpepper . nota. t see hospinian hist . iesuitica , l. . & . speculum iesuiticum , p. . ludovicus lucius , histor : iesuit . l. : c : where it is printed at large & thuanus hist : l : : k hist . gallica & belgica , l : ● : f. , . speculum iesuiticum , p. . . the general history of france , in h. . and lewis hospinian historia , iesuit . l. . . to . lud. lucius , histor . iesuit . l. . c , . * nota. * watsons quodlibets , p. , , . & dialogue , p. . a ps . . . b is . . , . ps . . c num. . . c. . . d ps . . . e cor. . . cor. . , , . deut. . g jer. . . c. . . h calipine , holioke , summa angelica tit. seditio . cicero de repub . l. . lu. . . k see the appendix to mr rushworths historical col p. . to , , . i luke , . l polit. l. . & ethic. l. . n summa angelica , tit. seditio . o see the soveraign power of parliaments , pa●t . p. , . . m secunda secundae artic . & qu●●t . a ps . . . b ps . . , , , . c rev. . . d mat. . . c. . . c. . . c. . . e mat. . . c. . . c. . . c. . . c. . , . c. . . acts . . f cor. . . col. . . rev. . . g eph. . . h aristot . polit. l. . c. . l. . c. . i mat. . k rev. . . l exod . . rev. . . c. . . c. . . pet. . m mat. . . . c. . . c. . . n pet. . . tim. . . o heb. . . p dan. . . lu. . . is . . . q tim. . . pet. . . ps . . mat. . . rev. . c. . . c. . . c. . . . r tim. . . rev. . . ſ lu. . . c. . . t iames . . u mat. . . x ps . . . gen. . . y rev. . . &c. . . . tim. . . z ti● . . . a hib. . . d isay . . b acts . . c gal. . . * tim. . , , . * see tertull●an apologia . e isay . . ps . . . f see the true old cause truly stated . g iohn . . to . h acts . . i sam. . . to . c. . , , , , &c. k sam. . , , , l sam. . , . m iob . . n mat. . . n sam. . * chron. . . o ezech. . . p isay . , . ie● . . , &c. q isay . . c. . , . r lu. . . to . ſ cor. , , . ga● . . . . . ps . . , . , . t mat. . , , . c . to , . c. . to . john , , . . . u ● chron . . c. . . x heb. . . isaiah . . pet. . . y rom. . . eph. . . c. . . z cor. . . c. . . eph. . . a rom. . . b isay . , . chron. . , . ier. . , , , c. , , . c mat. . , . lu. , . c. . . mar. , , . c mat. . , . lu. , . c. . . mar. , , . d gen. . . exod. . . c. . . kings . . * see knolls turk●sh history , pauli orosii historia . the history of the arbigenses . * see mr. edwards gangraenaes . e relatio de stratagematis & sophismatis iesuitarum c. . f lud. lucius , hist . iesuit . l. . c. . p. . cornelius cornelii , epist . com. in minores prophetas : and his epistle to his historical and legal vindication , &c. h mat. . . mar. . . lu. . . c. . . i mat. , . * psal . . , , . * isay . . nota. d lu. . . e cor. , . f dan. . . col . , . c. . . tim. . , . rev. . . c. . . eph. , . g ep. vshers eccles . brit. antiq. c. , , , . . spelmanni concil . tom. . & epist . ded. to it . fox acts & mon. in h. . e. . qu. eliz. & their statutes to this purpose . h malmsb de gestis regum l. c. . mat. westm . anno . polycbron . l. . c. sim dunelm col . bromton , col . . . ael●edus de vita & mirac . edw. confess . i rom . cor. . . * kings , , , . * tim. . . dan. . . c. . , , &c. * sam. . . kings , . king. . . psal , . . , , . * see bishop vshers annal. vel test . p. . * chron. kings . ‖ chron. , , . c. . , , , . kings . to . * chron. . , , . , , . kings to . g e. . c . mar. ses . c. . h. c. . h aristot . polit . l. . c. . l. . c. l. case sphaera civitatis l. . c. . p. . l. . c. . p. . * worthy serious particular perusal . ‖ prov. . ● . c. . , . eccl. . , . . a dion . cassius , dionys . halicar . polybius , livy , justin , eutropius , godwins roman antiquities , bodins common-wealth . (b) aelian var. historia , l. . c. . c grotius de jure belli , l. . c. . p. . d see my speech , p. , . e psal . . . ‖ ibid. p. , . nota. ‖ see here , p. p. , , , . ‖ see my epistle to a seasonable vindication , &c. edit . . . my quakers unmasked , & a new discovery of romish emissaries , . the plots of the jesuites , printed . and the jesuits undermining of parliaments and protestants , by william castle , . ‖ printed in my hidden works of darkness . &c. & mr. rushworths historical collections , p. . to . , , . to , , , , . exact collection , p. . to . ‖ romes masterpiece , p. . . ‖ ludovicus lucius , hist . jesuit . l. . c. . p. , ● , . l. . c. . p. , , , , , , , &c. hospinian hist . jesuit . l. . & . speculum jesuiticum . ‖ see lucas osiander contra anabaptistas . ‖ prov. . . pet. . . ‖ exact . collection , p. . a iud. . . . b mat. . . c prov. . . isay . , . c. . . c. . . c. . . mat. . . d isay . , . . c. . . c. . . iudg. . , , is . , . ier. . , . c. . , . lam. . . ezech. . , . e collect. of ordinances , p. to . mat. . . f exact collection , and a collection of them . the good old cause truly stated . g see the letany , collects , for the king , queen , and royal issue : canons , . can. . h tertulliani apol●g euseb . de vira constantini . l. . c. , . cassiador . hist . tripartira , l. . c. . athanatius apologia ad constantinum imp. sozomen eccles . hist . l. . c. . l. . c. . surius concil . tom. . p. . tom. . p. , . . , , , , , . , , , , , , , . tom. . p. . . cl. e. . d. . cl. e. . d. . cl. e. . d. , . cl. , e. . d. . cl . r. . d. . cl . r. . d. . cl . r. . d. . cl . r. . d. . * chron. . . ● . see my new discovery of free state tyranny ; and englands new chains . * chron : . . . . to . k psal . . . i chytrai chron. sax●nia l. . p : , to . munsteri cosmog . l. . c. , sleidan comment . l. n psal , . . psal . ● , , see polybii hist . lib. . p. to . loyalty banished: or england in mourning· being a perfect narrative of the present affairs and proceedings, between divers members of parliament, and m. wil. prynne ... with the several speeches made in the house, by sir arthur haslerigge, sir henry vane, master hungerford, and mr. ansley; and the answer and reply of the said mr. prynne thereunto ... together with his proposals to the people; and the names of the secluded members cast into hell, by the power of the sword; and what proceeded thereupon. as also mr. prynnes demands to the parliament, in the name of all the commons of england. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) loyalty banished: or england in mourning· being a perfect narrative of the present affairs and proceedings, between divers members of parliament, and m. wil. prynne ... with the several speeches made in the house, by sir arthur haslerigge, sir henry vane, master hungerford, and mr. ansley; and the answer and reply of the said mr. prynne thereunto ... together with his proposals to the people; and the names of the secluded members cast into hell, by the power of the sword; and what proceeded thereupon. as also mr. prynnes demands to the parliament, in the name of all the commons of england. prynne, william, - . p. s.n.], [london : printed in the year, . an abridgment of the first pages and a translation of the last paragraph of: a true and perfect narrative of what was done, spoken by and between mr. prynne, the old and newly forcibly late secluded members, the army officers, and those now sitting, both in the commons lobby, house, and elsewhere; on saturday and monday last (the . and . of this instant may). place of publication from wing. annotation on thomason copy: "june. ". reproduction of the original in the british library. eng prynne, william, - -- early works to . hesilrige, arthur, -- sir, d. -- early works to . england and wales. -- parliament. -- house of commons -- expulsion -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no loyalty banished: or england in mourning·: being a perfect narrative of the present affairs and proceedings, between divers members of parl prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion loyalty banished : or england in mourning . being a perfect narrative of the present affairs and proceedings , between divers members of parliament , and m. wil . prynne , neer the lobby at westminster . with the several speeches made in the house , by sir arthur haslerigge , sir henry vane , master hungerford , and mr. ansley ; and the answer and reply of the said mr. prynne thereunto , by virtue of the power and summons , derived from king charles : together with his proposals to the people ; and the names of the secluded members cast into hell , by the power of the sword ; and what proceeded thereupon . as also mr. prynnes demands to the parliament , in the name of all the commons of england . printed in the year , . on the seventh of this instant may , mr. prynne walking to westminster-hall , ( where he had not been six daies before ) meeting with some old secured and secluded members of parliament , summoned by king charles his writ and authority , for these onely ends ( expressed in all writs of summons to the lords , and of elections issued to sheriffs of counties for electing knights , citizens and burgesses of parliament , and in the indentures themselves by which they were returned members ; ) to confer and treat of certain , great and arduous affairs , concerning the defence of the king , kingdome , and church of england , and to do and consent to those things which shall happen to be therein ordained by common counsel , ( of the king , lords , and commons , ) touching the aforesaid businesses : which parliament began at westminster the third day of november , . they shewed him a declaration of the officers and counsel of the army , made in such hast and confusion , that they mistook the month wherein they made it dating april . instead of may . published by them that morning , ( which declaration the day before , was presented to the speaker of the said parliament , at the rolls , by divers officers of the army , in the name of coll : fleetwood , and the counsel of officers of the army , in presence of many members of said the parliament ) containing their earn●st desire , that those members who continued to sit since the year . untill the twentieth of april . would return to the exercise and discharge of their trust . upon which mr. pryn , if he could enter the house , intended to send for the rest of the members walking in the hall to come in unto them : and to move that all surviving members of this parliament , might by joynt consent particularly be sent to , and invited to meet and sit in the house at a convenient day , before any vote or order passed by them then sitting , thus suddainly convened without any notice ( which would be interpreted rather a surprize , and un-parliamentary practise , both by the absent members and the whole nation , than any obliging parliamentary vote or order of the house ) and more discontent then invite or unite the absent unsummoned members , of that parliament making the rent greater then before . upon these resolutions alone , and none other , which mr. p intended to propose to those then sitting , he went to the lobby door of the commons house , accompanied with sir george booth , mr. arthur annesley , sir iohn evelyn , mr. th. gewen , mr. charles rich , mr. mountague , mr. rich. knightly , mr. hungerford , and one or two more ; which being shut to keep out the people crowding on the stairs to get in , through whom they could hardly pass ; mr. p. knocked twice or thrice , but could get no admittance , till the door being opened to let out mr. nye and some other ministers , mr , p. with sir george booth and mr. annesley , being formost , pressed into the lobby ; and then the door being shut and bolted again , mr. p. unbolted and held it open till the rest came in ; where they finding mr. john and mr. james herbert standing in the lobby , accquainted them with their intentions to go then into the house , who resolved to go in with them . coming all up to the house door , which was shut and kept guarded ( as it presently appeared ) by some officers of the army ; mr. p. required them to open the door to let them in , being all members of the old parliament ; who thereupon demanded ; whether they had continued sitting in it since . to ? m. p. and the rest all answered , that being members of the old parliament , they would give no account to them or any others of their sitting , but onely to the house it self whereof they were members , being contrary to the priviledge of parliament , which they and others were obliged inviolably to maintain : upon which demanding their names , they said ; that if they would send in a note of their names to the house , and they ordered them to come in , they should be admitted . whereto mr. p. replyed we yet knew not who were within the house , nor whether they were yet sitting , nor upon what account they sate ; nor was it agreeable with the custome or priviledge of parliament for one member to send tickets to his fellow-members for free admission into the house , being all equals , and having an equal right freely to enter into it at all times , as well as they ; nor was it their duty thus to capitulate with members , but obey their just commands in opening the door : which they still refusing , mr. p. demanded , who and what they were , being all strangers to them ? and by whose authority , or order they thus forcibly kept them out ? they answered , they were officers of the army , and had sufficint authority to keep them out , if they had not sate since . till . mr. p. demanded , from whom they had their warrant , since they could have none from those within , being but newly entred ; and none else could give them such a warrant , nor they within before they heard them , and gave good reason for it ; demanding them to produce their order , if they had any in writing , that they mght know by whose authority they were thus forcibly kept out ; demanding their several names twice or thrice , wherewith they refused to acquaint them . upon this m p. told them , they doubted of their authority , or orders thus to seclude them , because they were either ashamed or afraid to tell them their names , when as th●y told them theirs : that they knew not whether they were officers of the army , or not , unless they knew their names , so that they might inquire the truth of it , or saw their commissions : and if they were army officers indeed , they had published a printed d●cl . in all their names that morning , inviting ( as they conceiv'd ) all members they formerly secluded , to return & sit again in the house to discharge their trusts : wherein they professed their former force upon , and seclusion of them , to be a backsliding , and wandring into unrighteous paths ; w●ich they seemingly repented of ; promising to yield their utmost assistance to them to sit in safety ; and praying for the presence and blessing of god upon their endeavours : and if now within few hours after this remonstrance published , they thus highly and publikely violated it in the view of all there present by returning to their former backslidings and unrighteous paths ; in secluding those who were members a fresh , and violating their own declaration , none would henceforth credit them , or it . upon which one of them told mr. p. he knew he was none of them who sate since . till . therefore they were not bound to let him in , being not within their declaration , who retorted , he thought their repentance had been universal , not partial ; of all their forces upon the house and members , especially of their greatest dec. . when they not onely secluded , but secured and imprisoned him and forty more in hell , and other places , and forced away three times as many more for discharging their trusts , and asserting the true good old cause ; against their commissions , trusts protestations , and printed remonstrances ; which if they would look back upon and well consider ( as they proclaim they had done in their new decl. ) they would find to be one of their greatest backslidings where they first turned out of the way , which caused god to withdraw his presence and good spirit from them ever since , and give them up to the prosecuting of a new romish good old cause , which had brought us into that posture , and occasioned those vicissitudes of dangers , and caused god in his providence to make all essayes to settle us , utterly ineffectual ; to convince them of , and reclaim them from their error , which they now pursued afresh , as vigorously as ever : that for his own part after his imprisonment by them against both law and priviledge in . in sundry places , he was again forcibly seised by some of the army in his house in . and kept a close prisoner neer three years under armed guards of souldiers in three remote castles far distant from those then sitting : therefore they could not make their unrighteous imprisonment of him then without any cause or heaving , a just ground to seclude him from sitting now . but all these expostulations of m. p. and others , not prevailing , they desired all present to take notice and bear witness of this high affront and breach of priviledge in this their forcible seclusion : and so departing , mr. knightly meeting major general lambert in the lobby , complained to him of this forcible seclusion , who gave him a civil answer to this effect , that things were now in an hurry , and their entring at this time into the house might cause some disturbance , but doubted not such course would be taken by the officers of the army in few daies , that none should be forcibly secluded : and so they went from the lobby into the hall from whence they came , acquainting those members they left there with the premises . after some conference with one another , it was thought fit they should ment about four a clock in the evening under lincolns inne chappel , and in the mean time that every one should e●quire , what old secluded , or secured members were now in town , and how many members of the long parliament were yet living , chosen or sitting before december . . when they were first forcibly secluded by the army . some met accordingly , and upon conference found , there were about eighty secluded members now in london and westminster , being neer double the number of those sitting that day , and above three hundred members of all sorts yet living , chosen or sitting in the commons house before december . over and above those that now sate ; all which they conceived ought in justice to be summoned by the speakers letter , freely to meet and sit in the house at a convenient time to be agreed upon : in order whereunto , some ten of them met in the councel chamber of lincolns inne , ( where the old speaker used to sit in councel as a bencher with the rest of the benchers concerning the affairs of the society ) as the fittest place to write down a catalogue of all the surviving members names , by the help of their memories , and the printed list of them ; which having finished , they departed , agreeing to meet in westminster hall about nine of the clock on munday morning , whither m. p. carried the list of the names formerly written , digested into an alphabetical order , to communicate it to other members . those that sate meeting on the lords day , adiourned their house till ten of the clock monday morning : but the courts not sitting in westminster hall that day , mr. p. found the hall very thin , and few members in it whiles he was standing in the hall expecting those who promised to meet there , he was twice informed one after another , that there were no guards at all at the house door , that any person might freely go into it without any examination , there being but few members within , & the doors standing open . whereupon he spake to four or five members there met to go along with him into the house , and if they were freely admitted , to give notice of it to the rest to follow after if they were pleased , some of them were unwilling to go being formerly repulsed , thinking it better to make a narrative of their former forcible seclusion on saturday , and to signifie it by a letter directed to the speaker , subscribed with their names , which mr. p. conceived superfluous , since the door now stood freely open to all , without any guards to seclude any , and that as he apprehended in pursuite of major general lamberts promise to mr. knightly ; and it would be idle to complain of that force by letter , wherewith they might now acquaint those then sitting by their own mouthes if there were cause . upon which ground , mr. prynne , mr. annesly , and mr. hungerford about ten of the clock went to the house , where the doors of the lobby and house were at first knock opened to them by the ordinary door-keepers , upon their telling them they were members , ( there being no guard at either door : ) who delivered to each of them as members a printed paper , intituled , a declaration of the parliament assembled at westminster , saturday . may . they found above nine or ten of those who sate within the house , who courteously saluted them : after some short discourses , mr. ansley , and mr. hungerford leaving mr. p. in the house , ( out of which he resolved not to stir upon any occasion for fear of a new forcible seclusion ) went back into the hall to acquaint the members in it , they might freely enter if they pleased : mr. annesly returning , was forcibly kept out from reentring by some souldiers sent thither ( as he conceited ) for that purpose , wherewith he acquainted mr. p. by a note , desiring to speak with him at the house door ; which being opened , mr. annesly pressed to go in to speak with him , but was denied entrance , unless he would give his paroll presently to come out again and not to stay whithin : whereupon he said , though they had often broken their parolls with him , yet he would not break his paroll but would come forth so soon as he had spoken with mr. p. which he accordinly performed . after this , m. p. had conference with divers members as they came in , who said they were glad to see him in health , and meet him there again . the house being thin mr. p. turned to the statute of caroli , c. . reading it to himself , and after that to two other members , telling them it was a doubt whether the old parliament was not determined by the kings death , notwithstanding that act which was fit to be first freely debated in a full house , before ought else was done . upon which they demanded , why he came amongst them , if he made a scruple or thought it to be dissolved ? who answered to have it fully debated and resolved in a full and free house . after which sir arthur haslerigge coming in , mr. p. saluted and told him , he was glad to meet him again in this place ; who presently answered , he had nothing to do to sit there as a member , being formerly secluded . whereto he replyed , he had as good right to sit there as himself , or any other member whatsoever , upon the account of the old parliament , if in being , having acted , written , suffered more in defence of the rights and priviledges of parliament , than himself , or any sitting with him . upon which sir henry vane coming in , and stepping up to them , said in a menacing manner , mr. prynne , what make you here ? you ought not to come into this house , being formerly voted out , i wish you as a friend quietly to depart hence , else some course will be presently taken with you for your presumption : which sir arthur seconded , telling him , if he refused , that there would be a speedy course taken , and a charge put in against him , for his meetings on saturday , and actings against the house : to which he replyed , he had as good , if not a better right to sit than either of them : that he knew of no vote to seclude , nor of any there who had right or power to vote him out , being equally intrusted with themselves for the whole nation , and those he represented : that he was never convicted of any breach of his parliamentary trust , and hoped they would have both the justice and patience to hear , before they voted him out : and then he doubted not to make it appear , themselves were greater infringers of their trusts , and more worthy to be voted out than himself . as for their charge and menaces , he was no way affrighted with them , it being as free and lawful for him and other members , to meet and advise together , both as members and freemen of england , for preservation of themselves , the peoples rights and parliaments priviledges , when forcibly secluded , as they did on saturd●y ; as for themselves , or the army officers to meet privately and publickly , both in and out of the house , to deprive them of their priviledges , as they had oft times done of late : that these high menacing words , where a very ill performance of their new published declaration , delivered him at the door , viz. that they were resolved ( by the gracious assistance of almighty god ) to apply themselves to the faithfull discharge of their legal trust ; to assert , establish and secure , the property and liberty of the people in reference unto all , both as men and as christians . ) which if they should publikely violate and null by any uniust charge , or proceedings against him , who had suffered so much , both as an english freemen , christian , and member too ( by their three years close imprisonment of him without cause or hearing ) under their new free-state , when first erected , and now again upon their very first reviving of it , though a member , only for coming into the house and meeting with other members , to claim their rights : it would highly reflect upon their intended new free-state , and make all out of love with it . mr. p. having acquainted some secluded members in the hall with these passages in the house ; who agreeing to send a letter to the speaker touching their forcible seclusion on saturday , he returned to lincolns inne , where he dined in the hall : immediately after dinner he repaired to westminster with a resolution to go into the house , if admitted , or protest against the force , if secluded by the army guards there placed ; he found an whole troop of horse in the palace-yard , and a company of foot on the stairs , and court of requests , drawn thither to keep him and other members out ; whereupon he walked in the hall till past three a clock , expecting the speakers coming , with whom he intended to enter : at last , being informed that he went the back way without the mace , and was gone into the house , mr. p. to avoid tumult ( a company of unknown persons in the hall going after to see the issue ) went purposely forth towards the abby , till all were gone from the steps ; and then going up only with one of his acquaintance , ( no member ) he found the door and stairs before the lobby strictly guarded with red-coats , who with their halberts crossed the door and steps so thick , that none could pass : whereupon mr. p. demanded entrance , saying he was a member ; and they being ignorant who he was , permitted him to pass through their pikes into the lobby , but secluded his friend from going up with him . when he came at the house door to enter , several officers of the army there placed ( one of them sitting in a chair ) told him , that he must not enter , and that they had special order to keep him out of the house : whereupon he protested against this their forcible double seclusion , as an high contempt and breach of priviledge , contrary to their own and the sitting members declaration published that day , demanding in the name of all the commons of england , and those for whom he was elected , free admission for himself and other members they kept out by a visible force of horse and foot , which was a worse and more real levying of war against the parliament , then the beheaded king or his party were guilty of . after which one of the army-officers told mr. prynne , he had deserted the good old cause : to which he replied , that the true good cause for which they were first raised , was only to defend the kings person , kingdom , parliament , all its members , priviledges , and secure them against all force and violence whatsoever , which cause they had not only deserted , but betrayed , and fought against , contrary to all former engagements . to which cause he adhered , and desired admission to maintain it . to which he answered , that indeed was once their good old cause , but now it was not so , for since they had pursued another cause , mr. p. replied , that then they were real back-sliders therein , and their cause neither old nor good , but bad , new , and destructive to the former old one . in summe . thomas campanella , in his spanish universal monarchy , chap. . speaks thus ; all heresies when centred in atheisme , are by the wise mannagement of the church reduced into the way of truth ; for heresies have their periods as well as commonwealths , that first from lawful monarchy , are changed into a tyranny , from thence to an aristocracy , thence to a councel of state , and at length to the confusions of democracy , and at last ( as the final rest of all tumultuous , and otherwise ceaseless distempers ) return again into kingship . finis . seasonable advice to the citizens, burgesses, and free-holders of england concerning parliaments, and the present elections / by a divine of the church of england. grove, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) seasonable advice to the citizens, burgesses, and free-holders of england concerning parliaments, and the present elections / by a divine of the church of england. grove, robert, - . [ ], p. printed for walter kettilby ..., london : . reproduction of original in huntington library. attributed to robert grove. cf. nuc pre- . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- elections. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion seasonable advice to the citizens , burgesses , and free-holders of england , concerning parliaments , and the present elections . by a divine of the church of england . london , printed for walter kettilby at the bishop's head in st. paul's church-yard , . seasonable advice to the citizens , burgesses and free-holders of england . dear countrey-men , when it seem'd good to the divine providence to remove our late king ( of happy memory ) from the cares of an earthly crown , to the joyes and rest of his heavenly kingdom , he left the world entirely beloved , and generally lamented by all his loyal subjects ; and the deep sense of having so wise , so just , so good a prince almost unexpectedly snatch'd away from us , was enough to drown the whole nation in perpetual sadness and tears . but to support us under that inestimable loss , our most gracious sovereign , that now is , has ( by the assistance of the same almighty goodness ) been peaceably established on the throne of his ancestors , in spight of all the desperate attempts , and restless endeavours of a few turbulent spirits , to deprive him of his most undoubted right of inheritance . a prince of mature age , and great experience ; and so admirably qualified for government , that , if it had not been his by unquestionable succession , his own personal worth might have been thought enough to have preferred him to a crown : and to quiet the minds of his people , and silence all the imaginable jealousies any of them might have been possibly seduced into , by the false and malicious suggestions of factious men ; the first thing he did after his coming to the crown , was to confirm the hearty professions he had often made before , to preserve this government both in church and state , as it is now by law established . for this he has already received publick thanks in several of the addresses that have been presented unto him ; and though it be not expresly set down in some , yet we may reasonably suppose it is implyed in all ; otherwise , whatever protestations they may make , it will not be believed that they can have any true zeal for god , or respect for their king , that think so gracious a promise , so frequently repeated , does not really deserve their most grateful and solemn acknowledgments . but this , and the rest of his majesty's expressions of a very great care and tenderness for his people , had that good influence , that the suspicions of the most timorous did immediately vanish : his advancement to the throne gave present ease and satisfaction , and was attended with the most universal acclamations of joy from every part of the nation . and certainly now it must be confessed to be the duty and interest too , of every english-man indeed , to do whatever lies in his power , for the continuance of our present happiness . and because the welfare of the publick may very much depend on the issue of this first parliament : it will highly concern all those whom the law has intrusted with the priviledge of electing , to make choice of persons of approved prudence and integrity , that may be able to assert the known liberties of the people , without intrenching upon the dignity of the crown . for we must needs be involved in endless miseries and confusion , unless the prerogative of the king be as carefully preserved as the property of the subject . these two must mutually support the one the other , or else they will be both in danger of a fall. but we may chance to meet this argument again before we have done . in the mean time it is like enough to be objected , that to undertake to give advice in these cases , is a very improper work for a professed divine . i know indeed , that of late years , if we did but preach obedience to magistrates , or reflect , though but gently , upon the most horrid and unnatural sin of rebellion , we were presently condemned for going beyond the bounds of our calling , and being too forward to intermeddle with matters of state. and at elections of members to serve in parliament , we could not appear in some places , without undergoing some publick affront . attempts were made to raise a general prejudice against us , and all those that had any respect and kindness for us . it was sometimes esteemed exception enough against gentlemen of very great worth , if they stood but fair in the opinion of the clergy . but it was then easily perceived , and since plainly discovered , which way the stream was running , and by what sort of men , and upon what occasion all that noise and clamour was raised . the clergy were generally firm to the established government , and professed enemies to the designs that were then setting on foot. and it was but necessary for those that were indeavouring to subvert the government , both in church , and state , under pretence of reforming abuses , to make the multitude jealous of them , and blacken them as much as possibly they could in the eyes of the people : and they wanted neither cunning , nor malice to do it . but to return some answer to what has been objected : if the things i have mentioned may be called intermeddling with matters of state , they are no more than what may be very well justified . when we were made ministers , we did not cease to be men ; and the church being , as it were incorporated with the state , he that has an interest in the one , must not be wholly unconcerned for the other . the laws allow us a vote in elections ; and without immodesty we think our selves as capable of judging , who may be fitly qualified to be made our representatives , as other ordinary free-holders are : and it would be very unjust in those , that talk so loud of liberty and property , to blame us for desireing the concurrence of our friends , much more to abridge us of the freedom of our voices in the choice of a knight of the shire : besides it is the indispensable duty of every minister of the gospel to exhort the people to fear god , and honour the king ; to preach subjection to the higher powers , not only for wrath , but conscience sake . and this they are obliged to , by an express divine command , by the canons of the church , by the common laws of humanity , and the respect they ought to bear to true piety and holiness of life : that they may contribute what they can to the preventing the miseries of civil , as well as foreign wars ; and the great increase of profaneness and irreligion , which unavoidably follows all popular tumults , and insurrections ; when the commands of almighty god , concerning obedience especially , are quite forgotten , or distinguished into nothing ; the laws of the land insolently trampled under foot ; and all reverence to authority wholly laid aside : and because it is well known what a powerful influence a parliament may have upon the settlement , or ruin of the nation , no less in our religious , than civil concerns ; this consideration alone may be sufficient to excuse a clergy-man , if he shall undertake to advise the choice of such worthy gentlemen , as to him seem the most likely to promote the real interest of church and state , in this very critical juncture of affairs . but this had never prevailed with me to adventure these papers into publick view , if there had not been a strange rumor spread over the nation , that we of the clergy were enemies , and despisers of all parliaments . this groundless calumny was so industriously propagated through the whole kingdom , not without a mixture of many other false and uncharitable reflections , that many of the people firmly believed it ; and it was so deeply rooted in the minds of some , that wherever we appeared , they were easily perswaded to take the contrary side at all elections in divers places . it is not now hard to conceive for what purposes this malicious report was invented ; what effect it had we all know . but to undeceive some well meaning men , that may still be mislead , by such unjust and scandalous aspersions ; i shall acquaint you with the true occasion of this report ; and then shew the honourable opinion we have of parliaments . the true occasion then of this report , that we were enemies of parliaments , was really and plainly no other than this : we could not express any great good likeing for some things , which sometimes happened to be carryed by a majority of votes ; and because we could not always admire all their proceedings , those who served a design by rendring us odious , indeavoured to make the world believe , that we hated the very constitution ; which is a most false and malicious scandal . i must confess , i never thought that any man was obliged to yield a blind and implicite assent to all the determinations of any assembly upon earth : this were a kind of civil popery , and more i believe than they themselves will require of us . and then what fault have we committed , if we honestly profess our dissent ; and have not learned the art of flattery , to magnify , and applaud , what we do not approve ? where every man is concerned , every man may be allowed to speak his own judgment , and to differ from whom he pleases ; provided he do it with modesty , and due respect : and to be menaced , and frighted out of this innocent freedom , is of all slaveries the most intolerable . we find even some parliaments censured in our chronicles , and very odd epithets sixed upon them ; there is one that is called the wood parliament ; it was the language of those times , and the veneration i have for these great assemblies , will not permit me to put it into more modern english . but you may see by this , that the truth will out at last ; and i cannot prophesie what character some of later date may expect in the histories of after ages , when the writer shall be secured from a serjeant at arms , and out of danger of being brought upon his knees at the bar of the house . the time will certainly come , when all men will speak , and write their minds freely of all debates , and resolves whatever . and we cannot be therefore justly condemned , if we have been so open hearted , as to express some kind of dislike of some proceedings , which as far as we were able to judge , might be made the occasions of very great and publick inconveniences . nor ought we for this to be esteemed despisers of parliaments , any more than we can be said to be enemies of monarchy , because we will not undertake to justify every thing that has been done by every crowned head in the world. but to deal frankly and plainly with you , i will give you some passages , which we could not be so well pleased with , in some of our late parliaments : some of them relate more immediately to the commoners of england , and some of them to the king himself . that which especially regards the commoners , is the punishing many of them , severely enough , without any offence against any known law of the realm there was a great noise made about abhorrers , and betrayers of the liberties of the subject : very strange and frightful words ! but what unpardonable crimes may lurk under them , will be very difficult for an ordinary man to conjecture . i have searched the statute book , and there i cannot yet discover the very names , much less any punishment appointed for the fault . now if a man should be punished , when he has not been guilty of the violation of any law ; his punishment cannot be esteemed legal and just , but meerly arbitrary , and must be resolved into nothing else , but the will , and pleasure of him that inflicts it . and yet , very many ( and it might have been any man's case ) were forced to leave all their private concerns , and brought up to london , from the remotest parts of the land , at any season of the year ; sometimes under great infirmities of body , to the certain detriment of their estates , and hazzard of their lives ; and then put under a very chargeable confinement , during pleasure , and not dismissed at length without a censure , and the payment of very liberal fees. and all this not for any offence against any law , that any one could tell of ; but only for words , casually let fall , that would not bear an action in any court in england . what a miserable condition is this ? who could tell when he was safe , unless he hung a padlock on his lips ? what patrons of liberty are these ? and what english-man is there , that had not much rather be governed by an act , deliberately passed by the lords , as well as commons , authentically confirmed by the royal assent , and sufficiently promulged to the notice of all men , than to lic at the mercy of every hasty vote of the lower house ? this is what was most of all complained of in some late transactions , wherein all free-born subjects are more directly concerned . that which more particularly respected the king , was a certain kind of resolved stiffness , in turning of many of his gracious messages ; not always expressing so much loyal reverence , as was due to majesty , under whose protection they injoyed their lives and fortunes , and that freedom of speech , which they sometimes made use of to the very utmost . but to say no more of that ; among other things of a high nature , his majesty was precluded , as far as a vote could go , from advanceing money upon any part of his revenue ; and all men were frighted , as much as was possible , from considering the emergent necessities of the kingdom , and lending any thing in the greatest exigencies of state. this seems extreamly harsh , and puts the king in harder circumstances , than the meanest of his subjects . it contradicts the most fundamental and divine principle of all justice , and equity : do unto all men , as ye would they should do unto you . for some of them might have remembred , that without a power to take up money on what estates they had , they could not have treated the several corporations so liberally as they did ; and then they had not been put in a capacity of giving their concurrence to that , or any other vote . without borrowing , the reckoning could not always have been discharged ; and i 'm sure , if all the claret , and other good liquor , that was spent at elections , had never been paid for , it had been one of the greatest grievances the nation ever groaned under since the conquest . but this is not the worst mischief that might have followed : suppose the people had been generally overawed by this vote , and an invincible armado had appeared on our coasts , with a potent army ready to be put a shoar : what a case had this poor nation been in ? no money , no men , no ammunition sufficient to oppose the invader . we had been made an easie prey to a foreign enemy : we must have tamely yielded our throats to the sword of the conqueror : every penny of money we had , every foot of land we possessed , had been at his disposal ; the whole kingdom might have been suddenly surpriz'd and inslav'd : and who had been the betrayers of the liberties of the subject then ? i believe the greatest and soberest part of the nation was something startled at such proceedings as these , that by degrees might have made us perfect vassals to our fellow subjects , that would have quite disarmed the king , and kingdom , and exposed our lives , and all that we had , to any growing power , that had but the confidence and ambition to invade us . but to imagine that we are therefore enemies to parliaments , is a very great mistake . and to convince you of this , i shall shew you the excellent use , and publick advantages of parliaments ; what it is that too frequently hinders the good effects they might otherwise have ; and what are the pernicious consequences of that ; and then desire you to accept the most hearty , and seasonable advice , i am able to give , concerning your present elections . as to the excellent use , and many publick advantages of parliaments : i must here profess , ( and i think i speak the sense of a great many more ) that i really esteem it my greatest temporal happiness , that i was born in a land , where the government is so admirably tempered , that the king has all the power that is requisite to inable him to execute justice , and protect his people , and which may be enough , by the blessing of god , to make him great , and victorious : and his subjects injoy so much liberty under him , as is abundantly sufficient to make their lives pleasant , and easie : and as the power of our kings has not been known to degenerate into tyranny ; so i wish and hope , that the liberty of the people will never be turned into a froward petulancy , and contempt of the royal authority . the parliamentary way of consulting for the publick good , has been a very antient usage in all these parts of europe , and some foot-steps of it are still remaining in most of our neighbouring nations : but the freedom and dignity of those noble assemblies has been no where so entirely preserved , as it is in this . and the benefits we might all receive from it , if not prevented by our own folly , are exceeding great ; i shall name a few that seem very apparent . and one is , that it tends directly to the increase of that love , and care which ought to be betwixt a king and his people ; for it gives them both the fairest opportunity of knowing , and understanding one another ; which is always the original ground , and first occasion of all good will , and kind inclination . and this being once produced , by the intercourse of parliaments , between the sovereign , and his subjects , will be easily preserved in the breast of the king , and may quickly be propagated , by the respective members , through every town , and county in the whole kingdom . the ordinary method of proceeding , in those honourable assemblies , seems purposely contrived for the most happy procurement of this good effect : for when all the nobility , and many of the principal gentry meet together , from every quarter , they must needs be intimately acquainted with the state and concerns of all and every part of the nation . and after they have considered , and agreed upon bills for the publick good and interest ; these cannot pass into acts , till they be strengthened by the royal aslent ; which being granted , is the most generous expression of the king's grace and favour to his people , when he gives them laws to be governed by , which were proposed , and advised for their particular advantage , by their own representatives . on the other side when the necessities of the government have been intimated to the parliament , and they freely consent to the raising such summs , as the occasion requires ; what might indeed be esteemed but a duty , may be received as a kindness . and here is the best foundation imaginable for a mutual indearment : when the king lays the highest obligations upon his people , by consenting to such laws , as make for their ease and prosperity ; and the people return their thanks for these royal favours , by begging his acceptance of such supplyes , as may be sufficient to maintain the dignity , and power of the king. the advantages of such a reciprocal love and affection are so very great , and manifest , that it will not be necessary to mention more ; but there are some which spring from the same root , which may be a further evidence of the excellency and wisdom of our established constitution . it gives the greatest security that can be had that the publick treasure shall not be mispent : not only because the misapplication of what had been raised , is the only pretence that can be made use of for any backwardness to a further supply ; but because it is inconsistent with the generosity of a great prince , to lavish away the best expressions of his peoples gratitude , for the liberties , and protection they injoy under him . it affords the best incouragement to every man's private industry , to make what improvement he can of his estate ; when he is assured that whatever he gains is his own property , and that not one farthing shall be demanded of him , without the consent of prudent and worthy persons , freely chosen and intrusted by the body of the nation . and industry increases wealth , and wealth brings content , and satisfaction to them that injoy it , and preserves the people in a prosperous , and flourishing condition . besides , our most excellent constitution , might , if any thing can , ingage the minds of all men , to an unconstrained and chearful obedience to the laws : since our submission is required to nothing else , but what has been seriously weighed , and deliberately resolved , by legal representatives , impowered to do it , by our own choice . and there can be no possible excuse for the man , that will not be bound by his own act ; that refuses subjection to what has been , at least implicitly , consented to by every free-holder in the kingdom . and now let any man judge what an admirable constitution it is , where the prince and the subject are strongly ingaged to love one another ; where the publick treasure is guarded by loyalty , and honour ; where industry is incouraged , as much as is possible ; and where a chearful , and voluntary obedience cannot be denyed ! let other nations call themselves free , let potent princes assume what titles they please , there is none can boast of more liberty , than the english-man injoys ; there is no monarch more absolute , and really great , than a king of great britain , inthroned in the hearts and affections of his people . having thus briefly mention'd some of the more manifest and plain advantages of parliaments , i shall in the next place shew you , what it is that too frequently hinders the good effects they might otherwise have . and the general occasion of this , is a strange notion , that has been almost universally spread , and will very hardly be rooted out of many mens minds , that the court and the country , the king and his subjects are two quite different interests . this has been slyly infinuated by some , and easily believed by others , and eagerly fomented by those , whose profit , or ambitition made them desirous of a change. such are always very forward to discharge their private discontents upon the government , and hope to advance themselves , and repair their shattered estates , by dissetling the foundations of our peace . but the pretences , on which these men are wont to bear up themselves , are manifestly vain , and supported by nothing , but a most palpable mistake . the true interest of a king , and his people is still the same . for it is certainly the interest of the people , that the king should be in a condition to administer justice , and preserve the peace at home , and likewise to defend them from their enemies abroad : and it is no less the interest of the king , that the people should thrive under his government , be free from discontents , and in a capacity to contribute liberally to the publick necessities . what king could reign happily , where the people were extremly poor and indigent , in danger of being ruined by a six months tax , and unable to give what the exigencies of state may require ? and what people could esteem themselves safe , where the exchequer were so low , and the king so straitned , that he could not curb the insolence of unquiet , and seditious spirits among his own subjects ; nor repulse the force , and assaults of a foreign power ? the thing is so exceeding plain and abvious , that there is no man , but he may presently perceive , how these lines , which seem to be drawn from the most opposite parts of the circumference , do meet at last , and must always center in the same point . but this notwithstanding , there are some that would fain persuade us , that the distance betwixt them is so very great , that it is impossible they should ever be united . and when they have practised upon the credulous multitude , and made them believe it , their heads are easily filled with a thousand jealousies , and wonderful chimera's . they are like melancholly musing men , that draw pictures in the clouds , that can discover fiery dragons , and most dreadful apparitions in the clearest sky . they are mightily troubled , not with any thing they see , or feel ; but with very strange imaginary fears , created only by their own fancies . but i shall indeavour to disabuse those , if there be any such , that do not yet see through the design ; and to this end i shall lay before you the most common pretences , upon which these jealousies have been advanced . they are no other than what you have often heard ; and it may be , you have been very much concerned about them ; and there was reason enough for it , if they had been true . we have been told therefore , of grievances of the subject ; that our liberties , and properties , were like to be invaded ; and that we were in imminent danger of arbitrary power , and popery . these were the things with which the whole nation was allarm'd ; and the cry was sometimes so strong , and almost universal , that it might have something discomposed a very sober , and steddy-minded man : but when the fright was a little over , and he had time to recollect himself , he would quickly find , that he had no just ground to be much disturbed with these terrible apprehensions : and that they were but like a fit of the night-mare , in which the party affected dreams he is so horribly oppressed , with some mighty weight lying on him , that he can scarce fetch his breath ; when all the pressure is occasioned , only by feculent humors in his own body , and gross blood too much thickened with melancholy . but whatever they be , or from what cause soever they may arise , i shall briefly examine the several pretences that have been wont to be made . the most common and general is that of grievances ; a word of a loose and uncertain signification , and in vulgar acception implyes any thing , that any man is displeased at , and can declaim against with some shew of a popular zeal for the good of the subject . and the invective is always the easiest part of eloquence , at least it makes the deepest impressions on the minds of those , that are readily disposed to entertain an ill opinion of their governours . but you know what sort of men they are , who if a waggish boy do but tie a straw about their finger , imagine presently they are in chains , and most heavily loaded with bolts , and irons . complaints have run high , and the talk has been loud , but it is hard to conceive what grievances we have suffered , since the happy restitution of the royal line ; unless it be , that our trade has been incouraged , our shipping and navigation exceedingly increased , and that we have lived in plenty , and ease , and injoyed our own quietly , and been almost miraculously preserved in peace , by the great wisdom , and continual care of a most excellent prince ; when most of our neighbours were harassed , and miserably wasted with fire and sword , and felt the extremities of a most bloody and cruel war. i cannot tell of any other grievances but these ; yet i will not deny but that there may possibly be some inconveniences not formerly foreseen , which may be provided against by future acts. but if any such shall be really found , and bills prepared for the redress of them ; no man can have any reason to doubt , but that his majesty will be so far from rejecting them , that he will be glad of that , and all other opportunities , of expressing the passion he has for the ease , and satisfaction of his people . in the mean time , if we shall murmur and be discontented still , and complain of grievances , when we feel none , but what every man 's private misfortune , or negligence , or prodigality has brought upon him ; instead of the most happy , as we are , if we could but be made sensible of it , we may be justly esteemed the most foolish , repining , querulous , ungrateful people in the world. another pretence has been , that our liberties and properties were like to be invaded . liberty , and property are words that chime well enough , and have been a great while yoaked together , and men have been taught to tune them over , in a most lamentable note , as if all they had were ready to be seized on , and they hurried to goal , and made absolute slaves and beggers immediately . for this , if the consternation he may have been in will give him leave to consider , let every man consult but his own experience . has he ever been illegally imprisoned ? has any part of his goods been violently wrested from him ? has his house been rifled ? have his barns been robbed ? have his cattle been driven off his ground ? has he suffered any thing , under colour of authority , that could not be justified by the known laws ? if he do not find himself to have been thus injured ; or if he do , if the courts be open , and ready to vindicate him , in a fair , and equal tryal ; he may then reasonably conclude that neither his person , nor estate were in that hazard , which the noise that was made , might incline him to imagine . for certainly our liberties , and properties are as well secured , as any thing on earth can be ; they have all the defence that human prudence could possibly give them : they are established by law , and have been confirmed , and ratified , by the constant practice , and many gracious declarations of a long succession of excellent princes . and we can have no greater assurances than these , on this side heaven . but if we have not too highly provoked almighty god , by our great unthankfulness , for the many blessings bestowed upon us ; but can be perswaded to trust him with the event , and depend upon his wisdom for the issues of the future ; the divine providence might then be ingaged for our temporal good , and the preservation of those many earthly felicities we now injoy . but our fears , and jealousies are the most effectual way to defeat our hopes , and put all in disorder ; they provoke god , who knows we have need of these things , and has forbidden us to disturb our minds , with distracting cares for what is to come ; they highly disoblige our sovereign , by manifesting an open , and professed distrust of his royal goodness , and favour ; and they certainly bereave us of the fruit of that happiness we had in possession , by racking our thoughts with vain surmizes of unknown evils , we conceit may possibly befall us hereafter . this weakness , and folly of our nation , has not escaped the notice of strangers . there is a little book written some years since , and got into publick , i know not how , wherein the author chalks out the way to the universal empire . and among other remarks , he tells us , that , if the king be obliged to maintain strong garrisons , though for their necessary defence , this will make the people of england believe , that he is forming great designs against their pretended liberty : so he is pleased to call it . and this he observes , not without reason , is one thing , that will contribute very much to the hastening of our ruine . and if so , then those that seemed so very full of apprehensions , that they would have had his late majesty's ordinary guards disbanded , did but pursue the methods laid down in the french politicks ; and if there were any pensioners , it may be easily guessed , who they were ; unless the gentlemen had so great a zeal for the service , that they would do the work freely , without expecting any wages for their pains . but they might pretend what they pleased for the ripening the projects , they were then framing : our liberties we saw were not attempted , and god be praised , they remain unviolated still ; and are not in any visible danger , unless we betray them our selves , by our own groundless and extravagant fears . the next pretence is not much unlike unto this ; and it is , as we have been told , that we were in imminent danger of arbitrary power ; that all things should be managed by the present will , and uncertain humour of those that governed , and that our lives and fortunes stood continually exposed to their pleasure ; just as we remember it was in the time of the late unhappy confusions . for answer to this we need but to examine again , and consider , whether every thing has not been administred in the due form and course of law ; and then why should we entertain these frightful and uncharitable suspitions ? princes do well understand , that the throne is established by rightiousness ; and that it is their most unalterable interest , to take care that justice be duely , and impartially executed . they whom the laws have settled in the highest place of eminency , and power , will always have a tender regard to those laws by which they reign , and do support their royal dignity , and prerogatives . but all that invade the supream authority by usurpation , must needs be arbitrary . they seat themselves by force at the helm , they come in with a storm ; and the violence of the tempest unavoidably dashes the vessel upon this rock . what they have gotten illegally cannot be managed according to law. what was the purchase of the sword , must of necessity be maintained by the sword. intruding powers will always be the most arbitrary , and tyrannical . lawful princes have a kind sympathy for their subjects ; and are sensibly affected with any miseries , and inconveniences they suffer ; as the pain of every member , is immediately felt by the head. but an usurper is not such a sympathizing , but a rider , as it were , of the body politick ; he leaps into the saddle , and puts on furiously , and whips , and spurrs without any mercy to the poor creature he has got under him . he comes at first with his fair promises , and smooth pretences , and , it may be , inveighs most vehemently against arbitrary power , and invasion of the rights of the people . but it is time to look to your money , when the pick-pockets bid you , have a care of your purses . there was never any great cry made about this arbitrary power , and the like , but that they who opened the loudest against it , had a design to introduce it themselves . it is beyond all question ; we have seen the thing effectually experimented , more than once . we have reason therefore to be always jealous of these seeming zealots for the publick good ; but there can never be any just occasion of suspecting our prince ; especially since his majesty has been pleased to assure us : that he cannot wish to be a greater monarch , then the laws of england are sufficient to make him. which most gracious expression , if we had no other arguments for our confidence , were alone abundantly enough to quiet all men's fears , as to this particular . but yet we have been farther told , that there is great danger of our being suddenly over-run with popery . this indeed is a thing , if it were true , that might justly fill the minds of all sober men with very sad apprehensions . but you know that it was this very pretence , that was made use of to bring on and strengthen the late rebellion . the people were then generally perswaded to believe , that the whole church of england was , at least , popishly affected ; but when they had destroyed , or eclipsed it , by these malicious suggestions , seconded by the force of arms ; how very few were there of that communion who did then revolt to the church of rome , when they lay under the strongest temptations ! nay did they not even then , among all the pressures , and difficulties they were in , most stoutly oppose all popish innovations , and write most learnedly , and convincingly against them ? and if the priests , or others of that church should nourish a vain hope , and imagin they had gotten some present advantage ; and should be thereby incouraged to try their arts of insinuation , and begin to practise upon the weakness , and credulity of the vulgar ; i do not doubt , but they would quickly find very great numbers , who , by the grace of god , would be ready , and able to incounter them with success , and expose their fallacies , and evidence to the world , that the additions that have been made to the creed , are inconsistent to scripture , reason and antiquity , and that it is our church , as it is now by law established , that does constantly maintain the true , and antient catholick faith. so that there cannot be that appearance of danger here , which some have very uncharitably suspected . besides we have the countenance and security of the laws , all on the side of the church of england ; and at once to banish the wildest fears , and most unreasonable jealoufies , his majesty has been pleased to give us his most gracious promise , that he will always take care to defend and support it . and who can entertain the least doubt of the sincerity of his royal word ? flattery , and dissimulation are base , and plebeian vices , that can never gain admittance in a noble and generous mind . the honour of him that speaks , gives a proportionable value , and credit to what he says ; and the word of a king ought to be esteemed as sacred , and inviolable as his person . and when we have the word of a king , and such a king as was never known to fail of his word , it is the vilest ingratitude , and the highest affront , and dishonour we can do him , not to rest perfectly satisfied , but to express a distrust , where he has given us the greatest assurances imaginable . for to conceive that a prince of the most unspotted honour , and unquestionable generosity , should so often , and so solemnly declare , what he did not really intend , and firmly resolve to perform , is little less then a contradiction : i am sure it is far beyond the ordinary rate of a moral impossibility . and they that will not be convinced by this , stand in need of dayly miracles to create a belief . but god be praised we have great reason to be full of hopes ; for the danger of the prevailing of popery , for ought we can see , is chiefly seated in our own cowardly , and mistrustful fancies : unless it should please god to punish us , for pretending too great a sollicitude for the future ; which is a degree of infidelity towards him , and in this case , the most unpardonable indignity , and disrespect to our soveraign . i have touched upon all the most common pretences that have been made use of to ingender differences between the king , and his people ; and they all appear to be great mistakes , or vain surmizes . the truth is , they have been usually promoted , for the carrying on of some design . some that have raised the loudest clamours , had been discontented on some occasion , or other , and did it only to be revenged on the government : some intended to signalize themselves by bold speeches , and hoped to be silenced by places at court : and some , it is to be feared , indeavoured by this means to put all things in confusion , and then expected to enrich themselves , with comfortable shares of plundered goods , and malignant lands . but however it were , if a prevailing party could but be possessed with these jealousies , they might be able , to be sure , to intangle matters of the greatest importance , and obstruct the most weighty proceedings in parliament . and i now come to mind you of the pernicious consequences of this . for as the constitution of this kingdom is the most happy , that human prudence can invent , when there is a blessed harmony , and agreement , between the head , and the members : so it is the most unfortunate , and deplorable of all , when such mis-understandings arise , as cannot be speedily reconciled . these will beget a perpetual struggling , and very dangerous convulsions in the state. jealousies will be increased , and these will give a check to the most material debates , that they will hardly be brought to any good issue . when a chearful concurrence to the king 's most reasonable demands , shall be obstinately refused , out of i know not what fear ; he cannot be well pleased with the disappointment . and when parliaments return home full of dissatisfactions , whether they be just , or no , the several members , instead of making a kind construction of their princes actings , as they should in duty do , will be too apt many times to sow their own private discontents all the country over ; and the multitude will be easily impressed with suspitious thoughts , and imagine that there are some very strange designs upon them . this will breed secret animosities , which will soon discover themselves in words , or actions ; and then the king cannot be secure of their obedience , but will be forc'd to have a watchful eye upon all their motions . and there needs no more , but this mutual distrust , to make this nation miserable enough . but i will further evince this in the grand instance of pecuniary supplies . these every man knows are frequently necessary for the support of the government , and defence of the kingdom ; and if they be with-held in some junctures , must undoubtedly prove of very fatal and ruinous consequence to both . for the laws have given the king the sole power of peace , and war ; on the other side , no extraordinary levies are to be made , without the advice and consent of parliament : so that the one hath the whole power of the sword , and the purse is born by the other ; and it may be very well , so long as a good accord can be maintained betwixt them . but if a difference should be started , which cannot be adjusted in time ; this would lead directly to the subversion of the government , and might be made the sad occasion of bringing the whole nation into slavery . the thing is plain and visible to every eye : for when the sword is put into the prince's hand , if the people should wantonly bind the arm , or cut the sinews , by which it should be managed ; he must either let it drop to the ground , or it might be wrested from him without resistance . suppose the king ingaged in a war , and the necessary supplies for the carrying it on , should be stiffly denyed ; what must be the event of such an obstinate refusal ? the enemy would be hereby mightily heartned , and the english courage extreamly damped ; many favourable opportunities of action must be lost ; many dammages suffered that might have been prevented ; none but a very faint opposition could be made ; we might possibly linger out a while , like a man in a deep consumption , and be forced at length to yield to the pleasure of an insolent conqueror , or to strike up a peace on such dishonorable terms , as could be procured ; which if the same retentive humor should still continue , he would be tempted to break upon any trifling pretence ; and then the same inconveniences , and dangers , would return again . or if we could be secured from these , yet the poverty of a prince might incourage daring and seditious spirits , among his own subjects , to attempt a rebellion , and to destroy all by civil and intestine broyls . i speak not this out of any present apprehensions i have , that such miseries are like to befall us now : for , god be praised , we have a soveraign fo excellently adorn'd , with all accomplishments befitting that high station , that are sufficient to make all both at home , and abroad , very careful how they become his enemies ; and i hope we shall have a parliament of that wisdom and sobriety , that will contribute what shall be needful to make his power to be feared , and his allyance valued , and to contain his subjects within the bounds of their allegiance : but what i was saying was only to intimate what a lamentable condition we might be brought into , in case the money necessary for our defence , should be obstinately denyed . it might be the occasion of our inevitable ruin ; by infeebling the nation , and exposing it weak and naked to foreign invasion , or domestick insurrections . and either way , it tends apparently to the total dissolution of the government : which must involve all in endless and inextricable calamities . this seems very evident of it self , but i shall illustrate it a little by two very pregnant examples . the one shall be fetched out of the history of another age , and countrey : and it is what is observable to this purpose , from the sacking of constantinople by the great , and cruel mahomet . when the tyrant had advanced his forces to the walls of that mighty city , and began to press it very hard ; the distressed emperor within was forced to go about himself , from house to house , begging and intreating the wealthy citizens , with tears in his eyes , that they would consider the danger , that was then at their very doors , and lend their assistance for the necessary defence of the place , in that great extremity . but all in vain , nothing could move them ; they make excuses , plead poverty , and murmur at that little they had already expended for the publick safety . upon this the city is taken by general assault ; the unfortunate emperor trodden to death in the crowd ; their houses are ransacked , and an incredible mass of treasure discovered in them , which fell all into the enemies hands , who scorn'd and derided their preverse frugality , in hoarding up the whole for them , when thry could not afford their natural prince a small part , in his and their own most deplorable necessity : they are slaughtered by heaps in the fury of the storm ; the persons of the best quality that escaped then , are reserved to be butchered in cold blood , after they had seen their dearest relations suffer the greatest indignities before their eyes ; and the poor remainder of those that were left alive , are made pitiful slaves to the savage , and inhuman barbarians . thus that proud and stately city , which had been the seat of the eastern empire above a thousand years , became a torphie of the ottoman greatness , and remains a standing monument to the eternal shame and infamy of the besotted greeks , who rather than part with a very small proportion of their estates , lost all , saw their country laid defolate , their friends slain , and themselves , and their innocent posterity wilfully betrayed into the most miserable thraldom . this is the effect of so much good husbandry , when the welfare of the publick lies at stake . i will take the other example from home , and from what has happened within the memory of many now living . that blessed martyr king charles the first , at his coming to the crown found himself ingaged in a war , which for want of such supplies as were largely promised , met with a very unhappy conclusion . other mis-adventures there were , proceeding chiefly from the same cause , which did very much impair the reputation of the english valour , and conduct . this made us but meanly esteemed by our neighbours , and some of them hereupon began to dispute the dominion of the seas ; nay the algerines , nothing so strong then , as they are now , had yet the boldness to ride in the very channel , and sometimes to come on shoar , and take whole families out of their beds , and carry them away into the most wretched captivity ; and if an inconsiderable nest of pyrates were so far incouraged by them , what might have been expected , if a more potent enemy had taken the advantage of the necessities we were then in ? but these mischiefs being pretty well provided against , by the care and vigilancy of the king ; at length came the parliament of forty one ; who being animated unto it by the king's wants , and most ingratefully abusing the greatest concessions that were ever made to any subjects , brought on the late unnatural war ; which ended in the most execrable murder of that incomparable prince ; and after all the glorious cryes about liberty , and the like , we found our selves wheadled into an absolute bondage , to a standing veteran army , and a pack of the most notorious villains , that could be picked out of the whole nation . the thing is true , and the words cannot seem harsh unto any , but such as approve the fact , and would be glad to see the same tragedy acted over again . but he that shall well consider this , will not stand in need of any other arguments to convince him , of what lamentable consequence it may be , when parliaments will not be induced to comply with the just and necessary demands of their soveraign ; it lays us open to the power of strangers , and the designs of wicked men among our selves ; it leads to the ruin of the government , and exposes us to the inexpressible miseries of slavery , and confusion . now that i have shewn you what it is that sometimes hinders the good effects that parliaments might have ; and what the destructive and pernicious consequences of that are ; you may easily guess what kind of members i should advise you to choose . and every county being so well stored with great variety of loyal and worthy gentlemen , you would be now wholly inexcusable if you should fail in your elections ; and instead of discreet and judicious persons who would be able to create a good understanding between the king , and his people , you should send up men openly disaffected , who would make it their business to foment jealousies , and turn your brains , and make them swim with idle suspitions . this would be the way to defeat our hopes , and obstruct that happy composure of all our fears , which we expect from the meeting of this parliament , which is now at hand . for prevention of this you should be perswaded to make choice of men of good , at least competent , and sound estates . for the necessitous are the most lyable to the temptation of being corrupted , and byassed any way with the hopes of a little gain . if you are indeed affraid of pistoles , there are none so like to be overcome by that kind of arms , as men of mean and indigent fortunes . but setting that consideration aside ; it is in it self an unbecoming thing , that they should have any power of laying taxes upon other men , who cannot , or will not pay their own debts ; that any should be suffered to get into the house , only to be protected from their creditors ; and take sanctuary at westminster , to escape the fleet , or the king's-bench . but i suppose such as these will not be forward to appear , or if they should , you that know them will easily put them by . in the next place therefore you should be very cautious that you do not favour any , whom you can suspect to have the least taint of the bill of exclusion : a bill of a most daring , and dangerous nature ; and such a one in many respects , as was never brought into parliament before ; you can scarce imagin what a heap of miseries you escaped , when it was bravely and resolutely rejected in the house of lords . you are now god be praised , in perfect peace ; you possess your own quietly , and converse together with a neighborly kindness , and familiarity . but if that desperate bill had taken place , you had at this moment been sheathing your swords in one anothers bowels ; you had seen your houses in a flame , the country smoaking round about you , your cities and towns laid in ashes ; and been subject to all the calamities that the most bloody civil war could bring upon you . for princes are not to be voted out of their unquestionable rights , nor debarred of their inheritance by a scrowl of parchment . a title to the crown was never decided in westminster-hall . those disputes cannot be ended , but in the field ; and of all the nations in the world , england has the greatest reason to dread the starting of such a controversie . the competition betwixt the houses of york , and lancaster cost us dear . look into your chronicles , and see what lamentable devastations were every where made ! how many cruel battles were fought ! how many thousands of english lives were spent in the quarrel ! how many ages almost the wound was kept bleeding , and never fully closed , till the happy success , and happier marriage of henry the seventh ! what can you expect from those that had the confidence to attempt the interruption of the royal line , and to dig up the surest foundation of our legal settlement ? they that were for excluding our gracious sovereign , might quickly stretch their destractive principles a little farther , and be easily induced to assault him now , that , by the blessing of god , he is peaceably seated on the throne of his ancestors . but i trust that the same providence which placed him there , will continue to defend him , from the subtilty and violence of all his , and our enemies . and i cannot but believe that you will be very careful , how you give those a fresh opportunity of doing mischief , that would have suddenly plunged you into the most miserable confusions . but after you have delivered your selves from the fear of these ; be sure you put none in their room , but men of approved wisdom , and integrity . none else can be safely intrusted with any concern ; but these , you may securely venture your lives and fortunes in their hands . these will be able to foresee a danger , and willing , and ready to prevent it ; they will consider all circumstances , and weigh every thing impartially , and carry themselves evenly between the king and the subject . they will presently discern any inconveniencies the people may lye under , and prepare suitable bills for the remedying of them . when the king's occasions require their aid , they will grant it freely , without pinching any thing from him . they are not imposed on by that great mistake , which seems too common , as if they were always to drive a kind of bargain with their prince : so much ready money , for so much prerogative . this is unkind , and disobliging , and a very unequal way of dealing . for money that is given , may be gotten again ; bulloin may be imported , and the circulation of trade will bring it in : but the prerogative once diminished can hardly be repaired ; there is no trucking for such goods ; our merchants cannot furnish us with this sort of commodity from the coasts of gninea , or spain . at this rate the greatest prerogative might be soon exhausted ; and a king some years , if he could be supposed to be so easie , might sell away the whole regal power . but sovereigns have as much reason to be careful of the prerogative , as the people can have to be jealous of any right or property whatsoever . nay the people themselves , if they would but understend it , are equally concerned in the preservation of it . for it is the main foundation of their security ; and they that should foolishly go about to undermine it , would find it fall heavy upon their own heads . without a full power of calling and dissolving parliaments , of signing , and rejecting bills ; of raising , and disbanding forces ; of pardoning offenders , and executing justice , nothing could be rightly managed . a prince that should be devested of such an authority , would be no more but a royal statue ; he must be render'd weak , and contemptible to all , and utterly unable to defend his people . of this wise and honest men will be very sensible ; and no other will be chosen by those , that have any value for their own private , as well as the publick safety . in the last place you should be very careful to choose men of known affection to the established church of england . a church against which there cannot lye the least just exception ; that has purged it self from the errors , and abuses which a long tract of time had by degrees brought in , and mixed with the primitive practice , and belief ; that has been always highly esteemed by all the reformed beyond the sea's ; and those at home that have professed a dissent from it , have generally approved the doctrine of it ; and the controversie , how high soever it may have been carried , has been only about matters of external discipline , and the refusing obedience to a few indifferent rites . and that which , it may be , is a glory peculiar to this church , no member of it has been ever known to be ingaged in any rebellion against their prince . his majesty is very sensible of this , and has publickly signified , how satisfyed and assured he is of our loyalty , and has promised to support us ; and you cannot then better express your hearty thanks , for the gracious declarations he has made you , then by the shewing your zeal for that church , which he has taken into his royal protection . there are none of any other denomination amongst us , who have not either openly abetted some factious design ; or given too great occasion of suspecting their fidelity to the crown . and if any of you should be prevailed with , upon any pretence , to make choice of any such persons ; you must not think it strange , if it should be looked upon as a manifest testimony of your disaffection to the king. for if such as these should creep into the house through your carelesness , or credulity , it is like enough that they would soon fall to their old practice , of amusing men's minds with the most horrible fears , and jealousies , they could possibly invent ; and these are a kind of wild-fire , very easily kindled , but exceeding hard to be put out : and how then would you be able to excuse your selves from the guilt of the infinite mischiefs that might follow , if by these means any mis-understanding should arise , which might blast the hopes we have conceived , and prevent that universal satisfaction which is expected from the prudence , and loyalty of the insuing parliament ? but i need not use any further arguments here , your own safety will best admonish you what to do . many of you in your addresses , both formerly , and of late , have solemnly promised to elect none but loyal men ; and if you should do otherwise , those very addressess would remain as the most dishonourable records of your fickelness , and inconstancy . the king will never violate his word he has given to you ; and you are bound to be as good as yours , you have passed to him , if you have any regard to you credit , interest , or conscience . i have now taken the freedom to communicate some of my most serious thoughts unto you , with reference especially to the present conjuncture . it is not any forwardness to busie my self with matters of this nature , that has occasioned the publication of these hasty conceptions , but that i might remove a false imputation . i have therefore shewn you what an honorable , esteem we have for parliaments ; what great advantages we might reap from them ; what are the most common hinderances of the good effect they might have ; and what are the mischievous consequences that follow from thence : and upon this occasion i could not forbear to offer some friendly advice for the preventing those evils which such miscarriages might bring upon us . i have not troubled you with things of a nice consideration , but such as are easie and obvious to every man's notice ; and no more , i believe , than what you your selves have thought , and often discoursed with one another ; and if these papers should chance to come to your hands , after some of your elections may be past , i hope you will have followed the same counsel , before you had it from me ; and that instead of advice what to do , this may be but a just commendation for what you have done . you may perceive all along , that my chief aim has been to root out those causeless jealousies , which may often endanger the publick peace . these are always to be carefully avoided : they are the very bane , and pest of all societies : they are like the fits of the cholick ; they afflict us with the most sharp , and intollerable pains , and tear our very bowels , and yet they proceed from nothing but a light , and flatulent humor . they are the most dangerous rock , against which our fairest hopes have been many times most unfortunately split . and if any of these should be cast in , and cherished in this parliament , they might breed that allienation of affections , which the wisest conduct of many years might hardly retrieve . the first tincture that is given , is scarce ever wholly to be washed out . but god forbid that any such thing as this should happen unto us . the eyes of all europe are upon you , expecting the event of this next session . if it should have that agreeable conclusion we promise our selves , it might by the blessing of god , not only secure our own selves , but tend to the preservation of the neighbouring countreys round about us : but if it should be ended in any discontent , who can foresee the many sad consequences of that ? this is certain , our friends would be exceedingly discouraged , and our enemies grow unsufferably insolent , and scorn and deride us for it , while they made their greatest advantages of our folly. it is in your power to contribute something to the prevention of this , by the elections you are making . you have a prince of the most approved gallantry , and resolution ; that is the blessing of this and the envy of other nations ; that is able to strike a terrour into his enemies ; that has often hazarded his life for your sakes ; and still to express what a tenderness he has for you , he has lately , and the very first opportunity , endeavoured to give all possible ease and satisfaction to your minds by his most gracious declaration . shew how sensible you are of the highest obligations that can be laid upon subjects . send him up men that will assist him in the brave and generous designs he has entertained for the publick good ; and not cavil away their time in impertinent scruples , and never bring any thing to an issue . his majesty has hitherto had the felicity of david , that in all acts of government , whatsoever the king has done , has pleased all the people : i wish that by your prudent and discreet behaviour the proposition may be happily converted , that all that the people shall do , may please the king : that so both king and people may live together in mutual love , and confidence one of another ; that the government may be preserved , our established religion maintained , the glory , strength , and riches of the nation dayly increased ; and that these blessings may be always continued to the present , and all succeeding generations : and to this there is no true english-man , nor christian , but will heartily say , amen . finis . notes, typically marginal, from the original text notes for div a -e pet. . . rom. . . . tit. . . see mat. . v. . , &c. traitté dela politique de france . c. . prov. . . sam. . . an account of the proceedings of the lords and commons, in the parliament-house, upon their first convention with the several debates and speeches relating thereunto. england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an account of the proceedings of the lords and commons, in the parliament-house, upon their first convention with the several debates and speeches relating thereunto. england and wales. parliament. broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : . reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- james ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an account of the proceedings of the lords and commons , in the parliament-house , upon their first convention ; with the several debates and speeches relating thereunto . tvesday being the d. of this instant january , and the time appointed for the meeting of the convention , the members , accordingly elected , met at the parliament-house at westminster ; where , after the usual customs and ceremonies of the house were over , the members accordingly took their places ; and mr. powle being chosen speaker , made this small harrangue to the house . gentlemen , the distracted conditions of these kingdoms , being now left without a head or king , requires a speedy and double care from the representatives in this house : and since there are few here but must of necessity know the calamities that attend a large and populous nation , under no certain form of government , the great enormities , as rapes , murthers , robberies , devastations , and private pillages , that are very usual and common in such cases ; every man 's private interest , besides the care of his native country , ( a duty incumbent upon you all ) must be sufficient motives . but one thing i am commanded ( by his highness the prince of orange ) to put you in mind of , viz. the present condition of the protestants in ireland , who are now in a deplorable condition , so vast an army of papists being in actual arms in that kingdom , and all sworn sacramentally enemies , not only to the protestant religion , but also to the crown of england , that unless some speedy care be taken for their relief , they will not only undergo a general massacre , but also that kingdom will be inevitably lost to this crown . i am also commanded to put you in mind of the growth of france , and the aspiring hopes of their turbulent monarch , who , we know , is not only an enemy to the protestant religion , but also a sworn foe to the crown of england : we therefore ought to be in such a condition , not only to defend our selves against the utmost of his force , but also be able to give him so powerful a diversion in his own country , that our former conquests in france may be remembered , and the provinces formerly belonging to the crown of england recover'd . this speech was received with a general satisfaction of the house ; and a worthy gentleman of the same , made this reply . mr. speaker , we cannot be sufficiently thankful to almigh●y god , whose providence , per varias casus , per tot discrimina rerum , has brought us all to this place , and once more put us in a condition of shaking off the tyrannick yoke of romes insufferable bondage under which we began to groan ; and to which we had been perpetual slaves , ( a miserable condition for english-men ) had not the speedy succours of his royal highness the prince of orange come just in the nick and prevented it ; and , indeed , in a small time confounded the tedious toyls , and incessant labor of the papal chair and its adherents . and as for the condition and state of ireland , and growth of the french monarch , i hope we shall take that care , that we may be in a capacity of keeping our own , and stop the progress●●●●●d grandeur of our enemy the french king. but the first thing we must conclude on , is , a suitable return to his royal highness the prince of orange , for the great care and hazzard he has undergone for our preservation , and other things will follow in course . this being the general opinion of the house , a committee was chosen out to present the thanks of the house to the prince , and so ended the business of that day . his highness the prince of orange his letter to the lords spiritual and temporal assembled at westminster in this present convention , january d . . my lords , i have endeavoured , to the utmost of my power , to perform what was desired from me , in order to the publick peace and safety ; and i do not know that any thing hath been omitted which might tend to the preservation of them , since the administration of affairs was put into my hands : it now lieth upon you to lay the foundations of a firm security for your religion , your laws , and your liberties . i do not doubt , but that by such a full and free representative of the nation , as is now met , the ends of my declaration will be attained : and since it hath pleased god hitherto to bless my good intentions with so great success , i trust in him , that he will compleat his own work , by sending a spirit of peace and union to influence your councils , that no interruption may be given to an happy and lasting settlement . the dangerous condition of the protestant interest in ireland , requiring a large and speedy succour , and the present state of things abroad , oblige me to tell you , that next to the danger of unseasonable divisions amongst your selves , nothing can be so fatal as too great delay in your consultations : the states , by whom i have been enabled to rescue this nation , may suddenly feel the ill effects of it , both by being too long deprived of the service of their troops , which are now here , and of your early assistance against a powerful enemy , who hath declared war against them : and as england is by treaty already engaged to help them upon any such exigencies , so i am confident that their chearful concurrence to preserve this kingdom with so much hazard to themselves , will meet with all the returns of friendship and assistance , which may be expected from you , as protestants and englishmen , when ever their condition shall require it . given at st. jame's this d day of january , . will. h. p. d' orange to the lords spiritual and temporal , assembled at westminster in this present convention . an order of the lords spiritual and temporal and commons , assembled at westminster in this present convention , for a publick thanksgiving . ordered , by the lords spiritual and temporal , and commons , that thursday the of january instant , be and is hereby appointed for the city of london and ten miles distance , for a day of publick thanksgiving to almighty god , for having made his highness the prince of orange , the glorious instrument of the great deliverance of this kingdom from popery and arbitrary power . and that thursday the fourteenth day of february next , be and is hereby appointed for a publick thanksgiving throughout the whole kingdom for the same . london printed for w. d. . by the king, a proclamation for proroguing the parliament until the nineteenth day of october next england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c _variant estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for proroguing the parliament until the nineteenth day of october next england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., [s.l.] : . "given at our court at whitehall the eighteenth day of december, in the twentieth year of our reign. ." despite the information in the reel guide, this item is a variant of wing number c because it lacks the "in the savoy" place of publication. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for proroguing the parliament until the nineteenth day of october next . charles r. whereas the two houses of parliament have by our direction adjourned themselves until the first day of march next , we for many weighty reasons have thought fit and resolved to make a prorogation of the parliament until the nineteenth day of october next . and therefore do by this our royal proclamation publish , notifie , and declare , that we do intend that the parliament shall be prorogued upon and from the said first day of march , until the said nineteenth day of october next : whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly ; we letting them know , that we will not at the said first day of march , expect the attendance of any , but onely such as being in or about the cities of london or westminster , may attend the making of the said prorogation , as heretofore hath in like cases beén accustomed . given at our court at whitehall the eighteenth day of december , in the twentieth year of our reign . . god save the king. printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . two discourses lately revievv'd and enrich'd by the author one, the pre-eminence and pedegree [sic] of parlement, whereunto is added a vindication of some passages reflecting upon the author in a book call'd the popish royall favorit, penn'd and published by master prynne ..., with a clearing of some occurrences in spayne at his majesties being there, cited by the said master prynne out of the vocall forrest ... : the second, englands teares / by james howell ... pre-eminence and pedigree of parlement howell, james, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) two discourses lately revievv'd and enrich'd by the author one, the pre-eminence and pedegree [sic] of parlement, whereunto is added a vindication of some passages reflecting upon the author in a book call'd the popish royall favorit, penn'd and published by master prynne ..., with a clearing of some occurrences in spayne at his majesties being there, cited by the said master prynne out of the vocall forrest ... : the second, englands teares / by james howell ... pre-eminence and pedigree of parlement howell, james, ?- . howell, james, ?- . englands teares for the present wars. [ ], , [ ], , [ ] p. : ill. ... by richard heron, printed at london : . "englands teares for the present wars" has special t.p. and separate paging. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prynne, william, - . -- popish royall favourite. howell, james, ?- . -- vocall forrest. england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion two discourses , lately revievv'd and enrich'd by the author . one , the pre-eminence and pedegree of parlement . whereunto is added a vindication of some passages reflecting upon the author , in a book call'd the popish royall favorit , penn'd and published by master prynne ; wherein he styles him , no friend to parlements , and a malignant , pag. . with a clearing of some occurrences in spayne at his majesties being there , cited by the said master prynne out of the vocall forrest , whereunto the collaterall landskippe refers . the second , englands teares . by iames howell esq r one of the clerks of his majesties most hon ble privy-councell . printed at london according to order , by richard heron. . the printer to the reader . reader , these two discourses , one , the pre-eminence and pedegree of parlement , the other englands teares , i present again to your view : they went abroad singly before , but i have conjoyn'd them now in one peece , for your better accommodation . they have bin surreptitiously printed in oxford , and els where , but mistaken in divers places ; they come forth now , not only corrected , but enrich'd by the authour himselfe . when they were expos'd first to the world , they found extraordinary good acceptance , and have been very much sought for since , as well for the richnesse of the stile and matter , as for the gallant worth of the author , which is so well known at home and abroad . r. h. to my worthily honored friend , sir w. s. knight . sir , i have many thanks to give you for the book you pleased to send me , called the popish royall favorite ; and according to your advice ( which i value in a high degree ) i put pen to paper , and something you may see i have done ( though in a poore pamphleting way ) to cleare my selfe of those aspersions that are cast upon me therein . but truly sir , i was never so unfit for such a task ; all my papers , manuscripts , and notes , having been long since seized upon and kept from me . adde hereunto , that besides this long pressure and languishment of twenty three moneths close restraint ( the sense wherof , i find hath much stupified my spirits ) it pleased god to visit me lately with a dangerous fit of sicknes , a high burning feaver , with the new disease , whereof my body as well as my mind is yet somewhat crazie : so that ( take all afflictions together ) i may truly say , i have passed the ordeal , the fiery tryall . but it hath pleased god to reprieve me to see better dayes i hope ; for out of this fatall black cloud , which now oresets this poore island , i hope there will breake a glorious sun-shine of peace and firme happinesse : to effect which , had i a jury , a grand-jury of lives , i would sacrifice them all , and triumph in the oblation . so i most affectionately kisse your hands , and rest your faithfull ( though afflicted ) servant , iames howell . from the prison of the fleet. the pre-eminence of parlement . sectio prima . i am a free-born subject of the realm of england ; whereby i claim as my native inheritance , an undoubted right , propriety , and portion in the laws of the land ; and this distinguisheth me from a slave . i claim also an interest and common right in the high nationall court of parlement , and in the power , the priviledges and jurisdiction thereof , which i put in equall ballance with the laws , in regard it is the fountain whence they spring ; and this i hold also to be a principall part of my birth-right , which great councell i honor , respect , value , and love in as high a degree as can be ; as being the bulwark of our liberties , the main boundary and banke which keeps us from slavery , from the inundations of tyrannicall rule , and unbounded will-government . and i hold my self obliged in a tye of indispensable obedience , to conform and submit my self to whatsoever shall be transacted , concluded , and constituted by its authority in church or state ; whether it be by making , enlarging , altering , diminishing , disanulling , repealing , or reviving of any law , statute , act , or ordinance whatsoever , either touching matters ecclesiasticall , civill , common , capitall , criminall , martiall , maritime , municipall , or any other ; of all which , the transcendent and uncontrollable jurisdiction of that court is capable to take cognizance . amongst the three things which the athenian captain thank'd the gods for , one was , that he was born a grecian , and not a barbarian . for such was the vanity of the greeks , and after them , of the romans , in the flourish of their monarchy , to arrogate all civility to themselves , and to terme all the world besides barbarians : so i may say to have cause to rejoyce , that i was born a vassall to the crown of england ; that i was born under so well moulded and tempered a government , which endows the subject with such liberties and infranchisements that bear up his naturall courage , and keep him still in heart ; such liberties that fence and secure him eternally from the gripes and tallons of tyranny : and all this may be imputed to the authority and wisedome of this high court of parlement , wherein there is such a rare co-ordination of power ( though the soveraignty remain still entire , and untransferrable in the person of the prince ) there is such a wholsome mixture 'twixt monarchy , optimacy , and democracy ; 'twixt prince , peers , and communalty , during the time of consultation , that of so many distinct parts , by a rare cooperation and unanimity , they make but one body politick , ( like that sheafe of arrows in the emblem ) one entire concentricall peece , and the results of their deliberations , but as so many harmonious diapasons arising from different strings . and what greater immunity and happinesse can there be to a people , than to be liable to no laws but what they make themselves ? to be subject to no contribution , assessement , or any pecuniary levy whatsoever , but what they vote , and voluntarily yeeld unto themselves ? for in this compacted politick body , there be all degrees of people represented ; both the mechanick , tradesman , merchant , and yeoman , have their inclusive vote , as well as the gentry , in the persons of their trustees , their knights and burgesses , in passing of all things . nor is this soveraign surintendent councell an epitome of this kingdom only , but it m●y be said to have a representation of the whole universe ; as i heard a fluent well-worded knight deliver the last parliament , who compared the beautifull composure of that high court , to the great work of god , the world it self : the king is as the sun , the nobles the fixed stars , the itinerant judges and other officers ( that go upon messages 'twixt both houses ) to the planets ; the clergy to the element of fire ; the commons , to the solid body of earth , and the rest of the elements . and to pursue this comparison a little farther ; as the heavenly bodies , when three of them meet in conjunction , do use to produce some admirable effects in the elementary world : so when these three states convene and assemble in one solemne great iunta , some notable and extraordinary things are brought forth , tending to the welfare of the whole kingdom , our microcosme . he that is never so little versed in the annales of this islle , will find that it hath bin her fate to be four times conquered . i exclude the scot ; for the scituation of his country , and the quality of the clime hath been such an advantage and security to him , that neither the roman eagles would fly thither , for fear of freezing their wings ; nor any other nation attempt the work . these so many conquests must needs bring with them many tumblings and toffings , many disturbances and changes in government ; yet i have observed , that notwithstanding these tumblings , it retained still the forme of a monarchy , and something there was always that had an analogy with the great assembly the parlement . the first conquest i finde was made by claudius caes●r ; at which time ( as some well observe ) the roman ensignes , and the standard of christ came in together . it is well known what laws the roman had ; he had his comitia , which bore a resemblance with our convention in parlement ; the place of their meeting was called praetorium , and the laws which they enacted , pleboscita . the saxon conquest succeeded next , which were the english , there being no name in welsh or irish for an english man , but saxon , to this day . they governed by parlement , though it were under other names ; as michel sinoth , michel gemote , and witenage mote . there are records above a thousand years old , of these parlements , in the raigns of king ina , offa , ethelbert , and the rest of the seven kings during the heptarchy . the british kings also , who retaind a great while some part of the isle unconquered , governed and made laws by a kind of parlementary way ; witnes the famous laws of prince howell , called howell dha , ( the good prince howell ) whereof there are yet extant some welsh records . parlements were also used after the heptarchy by king kenulphus , alphred , and others ; witnesse that renowned parlement held at grately by king athelstan . the third conquest was by the danes , and they govern'd also by such generall assemblies , ( as they do to this day ) witnesse that great and so much celebrated parlement held by that mighty monarch canutus , who was king of england , denmark , norway , and other regions years before the compiling of magna charta ; and this the learned in the laws do hold to be one of the specialst , and most authentick peeces of antiquity we have extant . edward the confessor made all his laws thus , ( and he was a great legis-lator , ) which the norman conquerour ( who liking none of his sons , made god almighty his heir , bequeathing unto him this island for a legacy ) did ratifie and establish , and digested them into one entire methodicall systeme , which being violated by rufus , ( who came to such a disastrous end as to be shot to death in lieu of a buck for his sacriledges ) were restor'd by henry the first , and so they continued in force till king iohn ; whose raign is renowned for first confirming magna charta , the foundation of our liberties ever since : which may be compar'd to divers outlandish graffs set upon one english stock ; or to a posie of sundry fragrant flowers ; for the choicest of the british , the roman , saxon , danish , and norman laws , being cull'd and pick'd out , and gathered as it were into one bundle , out of them the foresaid grand charter was extracted : and the establishment of this great charter was the work of a parlement . nor are the lawes of this island only , and the freedome of the subject conserved by parlement , but all the best policed countries of europe have the like . the germanes have their diets , the danes and swedes their rijcks dachs ; the spaniard calls his parlement , las c●rtes and the french have , ( or should have at least ) their assembly of three states , though it be growne now in a manner obsolete , because the authority thereof was ( by accident ) devolv'd to the king. and very remarkable it is , how this happened ; for when the english had taken such large footing in most parts of france , having advanced as far as orleans , and driven their then king charles the seventh , to bourges in berry ; the assembly of the three states in these pressures , being not able to meet after the usuall manner in full parlement , because the countrey was unpassable , the enemy having made such firme invasions up and down through the very bowels of the kingdome ; that power which formerly was inhaerent in the parlementary assembly , of making lawes , of assessing the subject with taxes , subsidiary levies , and other impositions , was transmitted to the king during the war ; which continuing many years , that intrusted power by length of time grew as it were habituall in him , and could never after be re-assumed and taken from him ; so that ever since , his ediots countervaile acts of parlement . and that which made the businesse more feasable for the king , was , that the burthen fell most upon the communalty ( the clergy and nobility not feeling the weight of it ) who were willing to see the peasan pull'd downe a little , because not many years before , in that notable rebellion , call'd la laquerie de beauvoisin , which was suppressed by charles the wise , the common people put themselves boldly in arms against the nobility and gentry , to lessen their power . adde hereunto as an advantage to the worke , that the next succeeding king lewis the eleventh , was a close cunning prince , and could well tell how to play his game , and draw water to his own mill ; for amongst all the rest , he was said to be the first that put the kings of france , hors de page , out of their minority , or from being pages any more , though thereby he brought the poore peasans to be worse than lacquays . with the fall , or at least the discontinuance of that usuall parlementary assembly of the three states , the liberty of the french nation utterly fell ; the poore ●oturier and vineyard-man , with the rest of the yeomanary , being reduced ever since to such an abject asinin condition , that they serve but as sponges for the king to squeeze when he list . neverthelesse , as that king hath an advantage hereby one way , to monarchize more absolutely , and never to want money , but to ballast his purse when he will : so there is another mighty inconvenience ariseth to him and his whole kingdome another way ; for this illegall peeling of the poore peasan hath so dejected him , and cowed his native courage so much by the sense of poverty ( which brings along with it a narrownesse of soule ) that he is little usefull for the warre : which put 's the french king to make other nations mercenary to him , to fill up his infantery : insomuch , that the kingdome of france may be not unfitly compared to a body that hath all it's bloud drawn up in to the arms , breast and back , and scarce any lest from the girdle downwards , to cherish and bear up the lower parts , and keep them from starving . all this seriously considered , there cannot be a more proper and pregnant example than this of our next neighbours , to prove how infinitely necessary the parlement is , to assert , to prop up , and preserve the publike liberty , and nationall rights of a people , with the incolumity and well-fare of a countrey . nor doth the subject only reap benefit thus by parlement , but the prince , ( if it be well consider'd ) hath equall advantage thereby ; it rendreth him a king of free and able men , which is far more glorious than to be a king of slaves , beggars , and bankrupts ; men that by their freedome , and competency of wealth , are kept still in heart to do him service against any forraine force . and it is a true maxime in all states , that 't is lesse danger and dishonour for the prince to be poore , than his people : rich subjects can make their king rich when they please ; if he gain their hearts , he will quickly get their purses . parlement encreaseth love and good intelligence twixt him and his people ; it acquaints him with the reality of things , and with the true state and diseases of his kingdom ; it brings him to the knowledge of his better sort of subjects , and of their abilities , which he may employ accordingly upon all occasions ; it provides for his royall issue , payes his debts , fines means to fill his coffers : and it is no ill observation , that parlement-monyes ( the great aid ) have prospered best with the kings of england ; it exceedingly raiseth his repute abroad , and enableth him to keep his foes in feare , his subject● in awe , his neighbours and confederates in security , the three main things which go to aggrandize a prince , and render him glorious . in summe , it is the parlement that supports , and bears up the honour of his crown , and settles his throne in safety , which is the chiefe end of all their consultations : for whosoever is entrusted to be a member of this high court , carrieth with him a double capacity ; he sits there as a patriot , and as a subject : as he is the one , the country is his object , his duty being to vindicate the publike liberty , to make wholsome lawes , to put his hand to the pump , and stop the leaks of the great vessell of the state , to pry into , and punish corruption and oppression , to improve and advance trade , to have the grievances of the place he serves for redressed , and cast about how to find something that may tend to the advantage of it . but he must not forget that he sits there also as a subject , and according to that capacity , he must apply himselfe to do his soveraigns businesse , to provide not only for his publike , but his personall wants ; to beare up the lustre and glory of his court ; to consider what occasions of extraordinary expences he may have , by encrease of royall issue , or maintenance of any of them abroad ; to enable him to vindicate any affront or indignity that might be offered to his person , crown , or dignity , by any forraine state or kingdome ; to consult what may enlarge his honour , contentment , and pleasure . and as the french tacitus ( comines ) hath it , the english nation was used to be more forward and zealous in this particular than any other ; according to that ancient eloquent speech of a great lawyer , domus regis vigilia defendit omnium , otium illius labor omnium , deliciae illius industria omnium , vacatio illius occupatio omnium , salus illius periculum omnium , honor illius objectum omnium every one should stand centinell to defend the kings houses , his safety should be the danger of all , his pleasures the industry of all , his ease should be the labour of all , his honour the object of all . out of these premisses this conclusion may be easily deduced , that , the principall fountaine whence the king derives his happinesse and safety , is his parlement ; it is that great conduit-pipe which conveighes unto him his peoples bounty and gratitude ; the truest looking-glasse wherein he discernes their loves ; now the subjects love hath been alwayes accounted the prime cittadell of a prince . in his parlement he appears as the sun in the meridian , in the altitude of his glory , in his highest state royall , as the law tels us . therefore whosoever is averse or disaffected to this soveraigne law-making court , cannot have his heart well planted within him : he can be neither good subject , nor good patriot ; and therefore unworthy to breathe english ayre , or have any benefit , advantage , or protection from the lawes . sectio secunda . by that which hath been spoken , which is the language of my heart , i hope no indifferent judicious reader will doubt of the cordiall affection , of the high respects and due reverence i beare to parlement , as being the wholsomest constitution , ( and done by the highest and happiest reach of policy ) that ever was established in this island ; to perpetuate the happinesse thereof , therefore i must tell that gentleman , who was author of a booke entituled the popish royall favorite , ( lately printed and exposed to the world ) that he offers me very hard measure ; nay , he doth me apparant wrong , to terme me therein , no friend to parlement , and a malignant ; a character , which as i deserve it not , so i disdain it . for the first part of his charge , i lwoud have him know , that i am as much a friend and as reall an affectionate humble servant and votary to the parlement as possibly he can be , and will live and dye with these affections about me : and i could wish , that he were secretary of my thoughts a while , or if i may take the boldnesse to apply that comparison his late majesty used in a famous speech to one of his parlements , i could wish there were a chrystall window in my breast , through which the world might espye the inward motions and palpitations of my heart , then would he be certified of the sincerity of this protestation . for the second part of his charge , to be a maligna●t , i must confesse to have some malignity that lurks within me much against my will ; but it is no malignity of minde , it is amongst the humours , not in my intellectuals . and i beleeve , there is no naturall man , let him have his humours never so well ballanced , but hath some of this malignity raigning within him ; for as long as we are composed of the foure elements , whence these humors are derived , and with whom they symbolize in qualities ; which elements the philosophers hold to be in a restlesse contention amongst themselves ( and the stoicke thought that the world subsisted by this innated mutuall strife ) as long i say , as the foure humors , in imitation of their principles ( the elements ) are in perpetuall reluctancy and combate for praedominancy , there must be some malignity lodg'd within us , as adusted choler , and the like ; whereof i had late experience , in a dangerous fit of sicknesse it pleased god to lay upon me , which the physitians told me proceeded from the malignant hypocondriacall effects of melancholy ; having been so long in this saturnine black condition of close imprisonment , and buried alive between the wals of this fatall fleet. these kinds of malignities , i confesse are very rife in me , and they are not only incident , but connaturall to every man according to his complexion : and were it not for this incessant strugling and enmity amongst the humors for mastery , which produceth such malignant effects in us , our soules would be loth ever to depart from our bodies , or to abandon this mansion of clay . now what malignity my accuser means , i know not ; if he means malignity of spirit , as some antipathy or ill impression upon the minde , arising fromdisaffection , hatred , or rancor , with a desire of some destructive revenge , he is mightily deceiv'd in me : i maligne or hate no creature that ever god made , but the devill , who is the author of all malignity ; and therefore is most commonly called in french le malin esprit the malignant spirit . every night before i go to bed , i have the grace , i thanke god for it , to forgive all the world , and not to harbour , or let roost in my bosome the least malignant thought ; yet none can deny , but the publike aspersions which this my accuser casts upon me , were enough to make me a malignant towards him ; yet it could never have the power to do it : for i have prevail'd with my selfe to forgive him this his wrong censure of me , issuing rather from his not knowledge of me , than from malice , for we never mingled speech or saw one another in our lives to my remembrance : which makes me wonder the more , that a professor of the law , as he is , should ronounce such a positive sentence against me so slightly . but me thinks pi over-hear him say , that the precedent discourse of parlement is involv'd in generals , and the topique axiome tels us , that dolus versatur in universalibus there is double dealing in universals : his meaning is , that i am no friend to this present parlement ( though he speaks in the plurall number parlements ) and consequently , he concludes me a malignant ; therein , i must tell him also , that i am traduc'd , and i am confident it will be never p●ov'd against me , from any actions , words , or letters ( though diuers of mine have bin intercepted ) or any other misdemeanor , though some things ●re ●ather'd upon me which never drop'd from my quill . alas , how unworthy and uncapable am i to censure the proceedings of that great senate , that high synedrion , wherein the wisedome of the whole state is epitomized ? it were a presumption in me , of the highest nature that could be : it is enough for me to pray for the prosperous successe of their consultations : and as i hold it my duty , so i have good reason so to do , in regard i am to have my share in the happinesse ; and could the utmost of my poore endeavours , by any ministeriall humble office ( and sometimes the meanest boat-swain may help to preserve the ship from sinking ) be so happy , as to contribute any thing to advance that great worke ( which i am in despaire to do , while i am thus under hatches in this fleet , ) i would esteem it the greatest honor that possibly could befall me , as i hold it now to be my greatest disaster , to have fallen so heavily under an affliction of this nature , and to be made a sacrifice to publike fame , than which there is no other proofe , nor that yet urg'd against me , or any thing else produc'd after so long , so long captivity , which hath brought me to such a low ebbe , and put me so far behind in the course of my poore fortunes , and indeed more than halfe undone me . for although my whole life ( since i was left to my selfe to swim , as they say , without bladders ) has bin nothing else but a continued succession of crosses , and that there are but few red letters found ( god wot ) in the almanacke of my age , ( for which i account not my selfe a whit the lesse happy ; ) yet this crosse has carried with it a greater weight , it hath bin of a larger extent , longer continuance , and lighted heavier upon me than any other ; and as i have present patience to beare it , so i hope for subsequent grace to make use of it accordingly , that my old motto may be still confirmed , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he produceth my attestation for some passages in spaine , at his majesties being there , and he quotes me right , which obligeth me to him ; and i hope all his quotations , wherein he is so extraordinarily copious and elaborate in all his workes , are so ; yet i must tell him , that those interchangeable letters which passed between his majesty and the pope , which were originally couch'd in latine , the language wherein all nations treate with rome , and the empire with all the princes thereof , those letters i say , are adulterated in many places , which i impute not to him , but to the french chronicler , from whom he tooke them in trust . the truth of that businesse is this : the world knowes there was a tedious treaty of an alliance 'twixt the infanta dona maria ( who now is empresse ) and his majesty , which in regard of the slow affected pace of the spaniard , lasted above ten years , as that in henry the sevenths time , 'twixt prince arthur , and ( afterwards ) queen katherine , was spun out above seven : to quicken , or rather to consummate the work , his majesty made that adventurous journey through the whole continent of france , into spaine ; which voyage , though there was a great deale of gallantry in it ( whereof all posterity will ring , untill it turne at last to a romance ) yet it prov'd the bane of the businesse , which 't is not the errand of so poore a pamphlet as this to unfold . his majesty being there arriv'd , the ignorant common people cried out , the prince of wales came thither to make himselfe a christian. the pope writ to the inquisitor generall , and others , to use all industry they could to reduce him to the romane religion ; and one of olivares first complements to him , was , that he doubted ●ot but that his highnesse came thither to change his religion : whereunto he made a short answer , that he came not thither for a religion , but for a wife . there were extraordinary processions made , and other artifices us'd by protraction of things , to make him stay there of purpose till the spring following , to worke upon him the better : and the infanta her selfe desir'd him ( which was esteem'd the greatest favour he received from her all the while ) to visit the nunne of carion ; hoping that the sayd nunne , who was so much cried up for miracles , might have wrought one upon him ; but her art failed her , nor was his highnesse so weake a subject to work upon , according to his late majesties speech to doctor mawe and wren , who when they came to kisse his hands , before they went to spaine to attend the prince their master , he wished them to have a care of buckingham , as touching his sonne charles , he apprehended no feare at all of him ; for he knew him to be so well grounded a protestant , that nothing could shake him in his religion . the arabian proverbe is , that the sun never soiles in his passage , though his beames reverberate never so strongly , and dwell never so long upon the myry lake of maeotis , the black turfd moores of holland , the aguish woose of kent and essex , or any other place , be it never so di●ty ; though spaine be a hot countrey , yet one may passe and repasse through the very center of it , and never be sun-burnt , if he carry with him a bongrace , and such a one his majesty had . well , after his majesties arrivall to madrid , the treaty of marriage went on still , ( though he told them at his first comming , that he came not thither like an embassador , to treat of marriage , but as a prince , to fetch home a wife ; ) and in regard they were of different religions , it could not be done without a dispensation from the pope , & the pope would grant none , unlesse some capitulations were stipulated in favour of the romish catholikes in england , ( the same in substance were agreed on with france . ) well , when the dispensation came , which was negotiated solely by the king of spains ministers ; because his majesty would have as little to do as might be with rome , pope gregory the fifteenth , who died a little after , sent his majesty a letter , which was delivered by the nuncio , whereof an answer was sent a while after : which letters were imprinted and exposed to the view of the world ; because his majesty would not have people whisper , that the businesse was carried in a clandestine manner . and truly besides this , i do not know of any letter , or message , or complement , that ever pass'd 'twixt his majesty and the pope , afore or after ; some addresses peradventure might be made to the cardinalls , to whom the drawing of those matrimoniall dispatches was referred , to quicken the work , but this was only by way of civill negotiation . now touching that responsory letter from his majesty , it was no other than a complement in the severest interpretation , and such formalities passe 'twixt the crown of england , and the great turke , and divers heathen princes . the pope writ first , and no man can deny , but by all morall rules , and in common humane civility his majesty was bound to answer it , specially considering how punctuall they are in those countries to correspond in this kind , how exact they are in repayring visits , and the performance of such ceremonies ; and had this compliance been omitted , it might have made very ill impressions , as the posture of things stood then ; for it had prejudiced the great work in hand , i mean , the match , which was then in the heat and height of agitation : his majesties person was there engag'd , and so it was no time to give the least offence . they that are never so little vers'd in businesse abroad , do know that there must be addresses , compliances , and formalities of this nature ( according to the italian proverbe , that one must sometimes light a candle to the devill ) us'd in the carriage of matters of state , as this great businesse was , whereon the eyes of all christendome were so greedily fix'd ; a businesse which was like to bring with it such an universall good , as the restitution of the palatinate , the quenching of those hideous fires in germany , and the establishing of a peace through all the christian world. i hope none will take offence , that in this particular which comes within the compasse of my knowledge , being upon the stage when this scene was acted , i do this right to the king my master , in displaying the truth , and putting her forth in her own colours , a rare thing in these dayes . touching the vocall forrest , an allegoricall discourse , that goes abroad under my name , a good while before the beginning of this parlement , which this gentleman cites ( and that very faithfully . ) i understand there be some that mutter at certain passages therein , by putting ill glosses upon the text , and taking with the left hand , what i offer with the right : ( nor is it a wonder for trees which lys open , and stand exposed to all weathers to be nipt ) but i desire this favour , which in common justice , i am sure in the court of chancery cannot be denyed me , it being the priviledge of every author , and a received maxime through the world , cujus est condere , ejus est interpretari ; i say , i crave this favour , to have leave to expound my own text , and i doubt not then but to rectifie any one in his opinion of me , and that in lieu of the plums which i give him from those trees , he will not throw the stones at me . moreover , i desire those that are over criticall censurers of that peece , to know , that as in divinity it is a rule , scripturae parabolica non est argumenativa ; so it is in all other kind of knowledge . parables ( whereof that discourse is composed ) though pressed never so hard , prove nothing . there is another rule also , that parables must be gently used , like a nurses breast ; which if you presse too hard , you shall have bloud in stead of milke . but as the author of the vocall forrest thinks he hath done , neither his countrey , nor the common-wealth of learning any prejudice thereby ( that maiden fancy having received so good entertainment and respect abroad , as to be translated into divers languages , and to gain the publick approbation of some famous universities ) so he makes this humble protest unto all the world , that though the designe of that discourse was partly satyricall ( which peradventure induc'd the author to shrowd it of purpose under the shadowes of trees , and where should satyres be but amongst trees ? ) yet it never entred into his imagination to let fall from him the least thing that might give any offence to the high and honorable court of parlement , wherof he had the honor to be once a member , and hopes he may be thought worthy again ; and were he guilty of such an offence , or piacle rather , he thinks he should never forgive himselfe , though he were appointed his own judge . if there occurre any passage therein ▪ that may admit a hard construction , let the reader observe , that the author doth not positively assert , or passe a judgement on any thing in that discourse , which consists principally of concise , cursory narrations , of the choisest occurrences and criticismes of state , according as the pulse of time did beat then : and matters of state , as all other sublunary things , are subject to alterations , contigencies and change , which makes the opinions and minds of men vary accordingly ; not one amongst twenty is the same man to day as he was four years ago , in point of judgement , which turns and alters according to the circumstance and successe of things : and it is a true saying , whereof we find common experience , posterior dies est prioris magister the day following is the former dayes schoolmaster . ther 's another aphorisme , the wisedome of one day is the foolishnesse of another , and 't will be so as long as there is a man left in the world . i will conclude with this modest request to that gentleman of the long robe ; that having unpassionately perus'd what i have written in this small discourse , in penning whereof , my conscience guided my quill all along as well as my hand , he would please to be so charitable and just , as to reverse that harsh sentence upon me , to be no friend to parlements , and a malignant . finis . englands teares , for the present vvars , which for the natvre of the quarell , the quality of strength , the diversity of battailes , skirmiges , encounters , and sieges , ( happened in so short a compasse of time , ) cannot be paralleld by any precedent age. hei mihi , quàm miserè rugit leo , lilia languent , heu , lyra , quàm maestos pulsat hiberna sonos . printed at london , according to order , by richard heron , . to my imperiall chamber , the city of london . renowned city , if any showers of adversity fall on me , some of the drops thereof must needs dash on thy streets . it is not a shower but a furious storme that powr's upon me now , accompanied with fearfull cracks of thunder and unusuall fulgurations . the fatall cloud wherein this storm lay long engendring , though , when it began to condense first , it appeared but as big as a hand , yet by degrees it hath spread to such a vast expansion , that it hath diffus'd it selfe through all my regions , and obscur'd that fair face of heaven , which was used to shine upon me ; if it last long , 't is impossible but we both should perish . peace may , but war must destroy . i see poverty posting apace , and ready to knock at thy gates ; that gastly herbenger of death the pestilence appears already within and without thy walls ; and me thinks i spie meager-fac'd famine a farre off making towards thee ; nor can all thy elaborat circumvallations , and trenches , or any art of enginry , keepe him out of thy line of communication if this hold . therefore my dear daughter , think , oh think upon some timely prevention , 't is the counsell , and request of thy most afflicted mother england . englands teares . oh ! that my head did flow with waters ; oh , that my eyes were limbecks through which might distill drops and essences of bloud ! oh that i could melt away and dissolve all in to teares more brackish than those seas that surround me ! oh that i could weepe my selfe blind to prevent the seeing of those mountains of mischiefs that are like to fall down upon me ! oh , that i could rend the rocks that gird me about , and with my ejaculations tear and dissipate those black dismall cloud● which hang over me ! oh , that i could cleave the ayre with my cries , that they might find passage up to heaven , and fetch down the moon ( that ●atry planet ) to weep and wayle with me , or make old saturne descend from his spheare , to partake with me in my melancholy , and bring along with him the mournfull pleiades , to make a full consort and sing lachrymae with me , for that wofull taking , that desperat● case , that most deplorable condition i have plung'd my selfe into unawares , by thi● unnaturall selfe-destroying warre , by this intricate odd kind of enigmaticall war wherein both parties are so entangled ( like a skeine of ravell'd silk ) that they know not how to unwind and untwist themselves , but by violent and destructive wayes , by tearing my entrailes , by exhausting my vitall spirits , by breaking my very hear●●strings to cure the malady . oh , i am deadly sick , and as that famous chancelor o● france spoke of the civill warrs of his countrey , that france was sick of an unknow● disease ; so if hippocrates himselfe were living , he could not be able to tell the tr●● symptomes of mine , though he felt my pulse , and made inspection into my wate● never so exactly ; onely in the generall he may discover a strange kinde of infecti●● that hath seised upon the affections of my people ; but for the disease it selfe it wi●● gravell him to judge of it : nor can there be any prediction made of it , it is so sharp which make some tell me that i cannot grow better , but by growing yet worse ; th●● there is no way to stanch this flux of bloud , but by opening some more of the m●●ster veines : that it is not enough for me to have drunke so deep of this cup of affl●●ction , but i must swallow up the dregs and all . oh , passenger stop thy pace , and if there be any sparkles of humane compa●●sion glowing in thy bosome , stay a while and hear my plaints , and i know they w● not only strike a resentment , but a horror into thee ; for they are of such a natur● that they are able to penetrate a breast of brasse , to mollifie a heart hoop'd with adamant , to wring tears out of a statue of marble . i that have bin alway accounted the queen of isles , the darling of nature , and neptune minion ; i that have bin stil'd by the character of the first daughter of the church , that have converted eight severall nations ; i that made the morning beams of christianity shine upon scotland , upon ireland , and a good part of france ; i that did irradiat denmarque , swethland and norway with the light thereof ; i that brought the saxons , with other germanes high and low ▪ from paganisme , to the knowledge of the gospell ; i that had the first christian king that ever was ( e●●ius ) and the first reformed king ( the eight henry ) to raigne over me ; i out of whos● bowells sprung the first christian emperour that ever was , constantine ; i that had five severall kings , viz. iohn king of france , david king of scotland , peter king of boheme , and two i●rish kings my captifs in lesse than one year ; i under whose banner that great emperour maximilian tooke it an honor to serve in person , and receive pay from mee and quarter his arms with mine ; i that had the lyon rampant of scotland lately added to fill up my scutchen , and had reduc'd ireland , after so many costly intermissive wars , to such a perfect passe of obedience , and settlement of customs & crown revenues ; i that to the astonishment and envy of the world , preserved my own dominions free and flourishing , when all my neighbour countries were a fire before my face ; i that did so wonderfully flourish and improve in commerce domestique and forren both by land and sea ; i that did so abound with bullion , with buildings , with all sort of bravery that heart could wish ; in summe , i that did live in that height of happines , in that affluence of all earthly felicity , that some thought i had yet remaining some ●ngots of that old gold whereof the first age of the world was made : behold , behold , i am now become the object of pitty to some , of scorne to others , of laughter to all people ; my children abroad are driven to disadvow me for fear of being jeerd , they dare not own me for their mother , neither upon the rialto of venice , the berle of ausburg , the new bridge of paris , the cambios of spaine , or upon the quoys of holand , for feare of being baffled and hooted at . me thinkes i see my next neighbour france , ( through whose bowells my gray-goose wing flew so oft ) making mowes at ●ne , and saying , that whereas she was wont to be the chiefe theater where fortune us'd ●o play her pranks , she hath now removed her stage hither ; she laughes at me that i ●hould let the common people the citty rabble , ( and now lately the females ) to ●●ow their strength so much . me thinks i see the spanyard standing at a gaze , and crossing himselfe to see mee so ●olish as to execute the designes of my enemies upon my selfe . the italian admires 〈◊〉 see a people argue themselves thus into arms , and to be so active in their own ruine ; ●he german drinks carouses that he hath now a co-partner in his miseries ; the swed joyces in a manner to see me bring in a forren nation to be my champion ; the ●etherlander strikes his hand upon his breast , and protests that he wisheth me as well once the duke of burgundy did france , when he swoare , he lov'd france so well , ●at for one king he wish'd she had twenty . me thikns i see the turke nodding with his turban , and telling me that i should ●hank heaven for that distance which is betwixt us , else he would swallow me all up ●t one morsell ; only the hollander my bosome friend seems to resent my hard condi●ion , yet he thinks it no ill favoured sight to see his shops and lombards every where ●●ll of my plundered goods , to find my trade cast into his hands , and that he can un●ersell me in my own native commodities , to see my gold brought over in such heaps , ●y those that flie from me with all they have for their security ; in fine , me thinks i ●ear all my neighbours about me bargaining for my skin , while thus like an unruly ●orse , i run headlong to dash out my own brains . o cursed jealousie , the source of all my sorrowes , the ground of all my inexpressible miseries ! is it not enough for thee to creep in twixt the husband and the wife , twixt the lemmon and his mate , twixt parents and children , twixt kindred and friends ; hast thou not scope enough to sway in private families , in staple societies , and corporations , in common counsells , but thou must get in , twixt king and parlement , twixt the ●ead and the members ( twixt the members amongst themselves ? ) but thou must get a twixt prince and people , but thou must cast up so deep a trench twixt the soveraign ●nd the subject . avant , avant thou hollow-eyed snake-haird monster , hence away ●nto the abisse below , into the bottomlesse gulfe , thy proper mansion ; sit there in thy haire , and preside o're the counsells of hell amongst the cacodaemons , and never ascend again to turne my high law-making court into a councell of warre , to turne my best antidote into poyson , and throw so many scruples into that soveraign physick which was us'd to cure me of all d●stempers . but when i well consider the constitution of this elementary world , and finde man ●o be part of it , when i think on those light and changeable ingredients that go to his composition , i conclude , that men will be men while there is a world , and as long as the moon their next neighbour towards heaven hath an influxive power to make impressions upon their humors , they will be ever greedy and covetous of novelties and mutation ; the common people will be still common people , they will sometime or other shew what they are , and vent their instable passions . and when i consider further the distractions , the tossings , turmoylings and tumblings of other regions round about me , as well as mi●e own , i conclude also , that kingdoms and states and cities and all body politiques are as subject to convulsions , to calentures , and consumptions , aswell as the fraile bodies of men , and must have an evacuation for their corrupt humors , they must be phlebotomiz'd ; i have often felt this kind of phlebo●omy , i have had also shrewd purges and pills often given me , which did not onely work upon my superfluous humors , but wasted sometimes my very vitall spirits ; yet i had electuaries and cordiall● given me afterwards , which fetched me up again ; insomuch that this present tragedy is but vetus fabula novi histriones it is but an old play represented by new actors , i have often had the like . therefore let no man wonder at these traverses and humor of change in me . i remember there was as much wondring at the demolishing of my and odd monasteries , nunneries & abbeis for ●●ing held to be hives of drones , as there is now at the pulling downe of my crosses organs and windowes , ; there was as much wondring when the pope fell hire , a● 〈◊〉 that the prelates are like to fall ; the world wondred as much when the m●sse was disliked , as men wonder now the liturgy should be distasted ; and god grant that people do not take at last a surfet of that most divine ordinance of preaching , for no violent thing lasts long ; and though there should be no satiety in holy things , yet such is the depraved condition of man , he is naturally such a changeling , that the over frequency and commonnesse of any thing , be it never so good , breeds in tract of time a kind of contempt in him , it breeds a fulnesse and nauseousnes in him . the first reformation of my church began at court , and so was the more feasable , and it was brought to passe without a warre ; the scene is now otherwise , it is far more sanguinary and fuller of actors ; never had a tragedy acts of more variety in so short a time ; there was never such a confus'd mysterious civill war as this , there was never so many bodies of strength on sea and shore , never such choice arms and artillerie , never such a numerous cavalrie on both sides , never so many sieges , never a greater eagernes and confidence , there was never such an amphibolous quarrell as this , both parties declaring themselves for the king , and making use of his name in all their remonstrances to justifie their actions , the affect on , and understandings of people were never so confounded and puzled , not knowing where to acquiesce , by reason of such counter-commands . one side calls the resisting of royall commands loyalty , the other termes loyalty , the opposing of parlementary orders and ordinances . both parties would have peace , the one would have it with honor , the other with truth , ( and god forbid but both should go together ) but , int●a●a ring or ego , in the mean time i , poore i am sure do suffer by both , the one taking away what the other leav's , if the one polls me , the other shaves me , and god grant they fall not a flaying of me at last . insomuch that whosoever will be curious to rea● the future story of this intricate warre ( if it be possible to compile a story of it ) he will find himselfe much stagger'd , and put to kind of a riddle before he understand it ; for touching the intricacy of it , touching the strange nature , or rather the unnaturalnesse of it , it cannot be parallel'd by any precedent example : in my chronicles i am sure no age can match it , as i will make it briefly appear , by comparing it with all the warres that ever embroil'd me , which i finde to be of three sorts , either by the invasion of forreners , the insurrection of my commons , or by the confederacy of my peers and princes of the bloud . i will not ●ake the ashes of antiquity so far as to speak of that deluge of bloud i spilt before i would take the roman legions for my garrison ; i am loth to set down how the saxons us'd me , and how the danes us'd them , nor how i had one whol brave race of people ( the picts i mean ) quite extinguished in me , i will begin with the norman expedition , and indeed to make recearches of matters before , is but to grop● in the dark , but i have authentick annales and records for things since . the norman came in with the slaughter of neer upon sixty eight thousand combatants upon the place , a battaile so memorable , that the very ground which sucked in the bloud retaines the name of it to this day . the dane not long after strook in to recover his pretended right , with the sacking of my second great city of yorke , and the ●iring of her , with the slaughter of of my children in one afternoon , yet he was sent away without his arrand . in the raigne of rufus i was made of his colour , red with bloud both by the welsh and the scot , who lost his king malcolme in the battaile of alnwick . all my eight henries were infested with some civill broyles , except my fift henry the greatest of them , who had work enough cut him out in france , and hee plied his work so well that he put that crown upon his sons head . all my edwards also had some home-bred insurrection or other ; indeed two of my three richards had alwayes quietnesse at home , though the first did go the furthest off from me , and was longest absent of any ; and the third , though he came in by bloud , yet the short time of his three yeares vsurpership he was without any , and prov'd one of my best law-givers , yet his life ended in bloud , for having come in like a fox , he dyed like a calfe . touching my second richard , and second edward , there were never any of my kings came to a more tragique end , and the greatest stains that black my story are the violent deaths they suffered by the hands of their own ( regicide ) subjects . the two sister queens that swayed my scepter had also some domestique commotions ; and now my charles hath them to the height , insomuch that of those five and twenty monarques who have worne my d●adems since the norman entred , there was only foure , viz. the forementioned henry , and richards , with king iames scaped free from all intestin broyles ! oh how it torments my soule to remember how my barons did teare my bowells ! what an ocean of bloud the two roses cost me before they were conjoyned , for during the time that i came to be a monster with two heads ( made so by their division ) i mean during the time that i had two kings at once , edward the fourih , and henry the sixt within me , in five years space i had twelve battails fought within my entrails , wherin i lost neer upō fourscore princes of the royal stem , and parted with more of my spirits than there were spent in winning of france . the world knowes how free and prodigall i have bin of my bloud abroad in divers places , i watered the holy land with much of it ; against my co-islander the scot i had above twenty pitch'd battails , tooke many , and kil'd some of his kings in the field ▪ the flower de lyces cost me dear defore i brought them over upon my sword ; and the reduction of ireland from time to time to civility , and to an exact rule of alleageance wasted my children in great numbers . i never grudg'd to venture my bloud this way , for i ever had glorious returns for it ; and my sons dyed in the bed of honour : but for them to glut themselves with one anothers bloud ; for them to lacerat and rip up ( viper-like ) the wombe that brought them forth , to teare the paps that gave them suck , can there be a greater piacle against nature her selfe , can there be a more execrable and horrid thing ? if a stranger had us'd mee thus it would not have griev'd me half so much ; it is better to be stung with a nettle , than prick'd by a rose ; i had rather suffe● by an enemy , than by my own naturall born off-spring . those former home-wag● wars , whereof there hapned above fourscore ( smal & great ) since the norman cam● in , were but as fires of flax in comparison of this horrid combustion , which mak● both my church & state to suffer so much . one may finde those wars epitomiz● in small volumes , but a whole library cannot contain this . they were but scratches being compar'd to the deep wounds which prince , peere , and people have receiv'd by this ; such wounds , that it seems no gentle c●t●plasmes can cure them , they must be ●anc'd aed canteriz'd , and the huge scars they will leave behinde them will , i feare , make me appear so deformed and ugly to all posterity , that i am halfe in despaire to recover my former beauty ever again . the deep stains these wars will leave upon me , all the water of the severn , trent or thames will hardly wash away . the sun yet hath not run twice his course through the zodia● , since the two-edged ●word of war hath rag'd & done many horrid executions within me , since that hellish invention of powder hath thundred in every corner , since it hath darkned torn , & infected my well-tempered aire , since i have weltered in my own bloud , and bin made ● kind of cockpit , a theater of death to my own children ; and in so short a circumvolution of time , i may confidently affirm take battailes , re-encounters , skir●ishes , with sieges both winter and summer , there never hapned so many in any countrey ; not do i see any appeara●ce , the more is my misery , of any period to be ●ut to these distractions , every day is spectator of some new tragedy , and there●ations that are hourely blaz'd abroad sound sometimes well on the one side , some●●mes on the other , like a peale of bels in windy weather ( though oftentimes in a ●hole volley of news you shall hardly finde one true r port ) which makes me feare 〈◊〉 the all disposing deity of heaven continueth the successes of both parties in a ●inde of equality , to prolong my miseries . ita serior , ut diu me sentiam mori , i am ●ounded with that dexterity , th●t the sence and agonies of my sufferings are like to ●e extended to the uttermost lengt● of time and possibility of n●ture . but , o passenger , if thou art desirous to know the cause of these fatall discompo●●res , of this inextricable war , truly i must deal plainly , i cannot resolve thee herein 〈◊〉 any full satisfaction . grievances there were i must confesse , and some incongrui●es in my civill government ( wherein some say the crosier , some say the distaffe ●as too busie ) but i little thought , god wot , that those grievances required a redresse ●●is way . do'st thou ask me whither religion was the c●use ? god ●orbid ; that in●●cent and holy matron had rather go c●ad in the snowie white robes of meeknesse 〈◊〉 longanimity , than in the purple m●ntle of bloud , her practise hath bee●e to ●●ercome by a passive fortitude without reaction , and to triumph in t●e milk-white ●●ory chariot o● inn●cency and p●tience , not to be ●urried away with the fiery ●●eels of war ; dei lar●●es not les armes ( ●s my next neig●bour hath it ) grones not guns , 〈◊〉 nor swords , prayers not partis●ns were us'd to be her weapons unlesse in c●se of 〈◊〉 and impendent d●nger , in case of invincible necessity , and visible actuall una●●ydable extinguis●ment , and then the arms she useth most is the target to shroud 〈◊〉 selfe under , and fence away th● blow ▪ she leaves all other weapons , to the 〈◊〉 to propagate and exp●nd it selfe . thi● gentle grave l●●y ▪ though the rubricks of 〈◊〉 service be in red characters , yet she is no lover of bloud ▪ she is an embracer of 〈◊〉 , and the sole object of her 〈◊〉 is the god of peace , in who●e highest ●ame , in the name i●h●vah , as the rabbies observe , all the letters are quies●●nt . that sacred comforter , which inspi●es her ambassadors , uses to ascend in form of a dov● , not in the likenesse of a 〈…〉 , and he that brings him downe so , may be sayd to sin agai●●t the 〈…〉 ; to be●t religion into the braines with a pol●axe , is to 〈…〉 , to o●●er him victims of humane bloud ; therefore 〈…〉 wro●g r● igion if i should cast this war upon her : yet me think●s i 〈…〉 lame●● that shee was not also without her 〈…〉 gove●●ors ( for want of moderation ) could not 〈…〉 t●e church , but ●hey must pu● themse●ves 〈…〉 up to the turr●ts of civill p●licy , many o● her preachers 〈…〉 ●ome to the cou●t , some to th● country ; some would h ve nothing 〈…〉 , o●●ers nothing 〈◊〉 priviledge ▪ some won'd giveth 〈…〉 , some to feed zeal , would famish the understanding ; others 〈…〉 underst●nding , and tickle the outward eare ( wit● ess●ies and flourishes of 〈◊〉 ) would 〈…〉 the soul of her true food , &c. but the principal thing ●●ear that reverend l●dy , ( that queen of souls , & turn key of heaven ) m ke 〈…〉 of , is 〈◊〉 that se●mlesse garment of unity and love which our s viour left 〈…〉 and rent into so many sci●sures and sect● by those that would make 〈…〉 which she wore in h●r infancy , to serv● her in 〈…〉 . i hear her cry out ●t the monstrous exorbitant liberty that almo●● every c●pricious mechanique takes to ●imselfe to s●ape and form what religion h● list : for the world is come ●ow to 〈◊〉 passe , ●h●t the t●ylor and shoomaker may 〈◊〉 wh●t religion they please ; 〈…〉 and ●apster m●y breach what religio● they p●e●se ; the druggest and apothe●●ry m y ming e her as they please ; the h●●berd●sher m●y put her upon w●at block ●e p●eases ; the armourer and cutler 〈◊〉 fur●●sh her as they please ; the dyer m●y put w●at col ur , the painter may 〈◊〉 what face upon her be please ; the dr●p●r and mercer may measure her as th●● please ; the w●●●er may cast her upon wha● 〈…〉 please ; the boatswain and 〈◊〉 m●y bring her to what dock they please ; the bar●er may trim her as he plea●● the gard ●er may lop her as he please ; the blackesmith may forge what religion 〈◊〉 please , and so every mechanic according to his profession and fancy may forme he● he please . me thinks i hear that venerable matron complaine further , how her 〈◊〉 in some places are become meer beacons to summon men to arms ; how in 〈◊〉 of lights , her churches up and down are full of firebrands ; how every capri●● of the brain is term'd now tendernesse of conscience , which well examined is thi●g but some fond fa●cy , or fanatick frenzie rather of some shallow-braind 〈◊〉 for whereas others h●ve bin us'd to run mad for excesse of knowledge , some of children grow mad now a daies out of too much ignorance . it stands upon reco●● my story , that when the norman had taken firm footing within me , he did demo● many churches and chappels in new-forrest , to make it fitter for his pleasur● venery ▪ but amongst other judgements which fell upon this sacriledge , one was 〈◊〉 tame sowle grew wilde ; i fear god almighty is more angry with me now than & that i am guilty of a worse profanes ; for not my fowl , but my folk & peop●● ●rown halfe wild in many places , they would not worry one another so in that wol●ish belluine manner else , they would not precipitate themselves else into such a mixt ●●ungrell war , a war that passeth all understanding ; they would not cut their owne ●hroats , hang , drown , and do themselves away in such a desperate sort , which is now ●rown so common , that self-murther is scarce accounted any newes ; which makes ●trangers cry out , that i am all turn'd into a kind of great bedlam , that barbary is come ●●to the midst of me ; that my children are grown so savage , so flesh'd in bloud , and ●ecome so inhumane and obdurate , that with the same tendernesse of sence they can 〈◊〉 a man fall , as see a horse , or some other bruit animall , they have so lost all reve●ence to the image of their creatour , which was us'd to be more valued in me , than ●mongst any other nation . but i hope my king and great councell will take a course to bring them to their ●ld english temper againe , to cure me of this vertigo , and preserve me from ruine ; 〈◊〉 such is my desperate case , that as there is more difficultie , so it would be a grea●●r honour for them to prevent my destruction , and pull me out of this plunge , than 〈◊〉 adde unto me a whole new kingdome ; for true wisdome hath alwayes gloried ●uch in conservation , as in conquest . the roman , though his ambition of conquering had no horizon , yet he us'd to tri●mph more ( as multitudes of examples might be produc'd ) at the composing of an in●stine war , than for any new acquest , or forren atchievement whatsoever ; and though 〈◊〉 was a great martiall man , and lov'd fighting as well as any other , yet his maxime 〈◊〉 , that no peace could be so bad , but it was preferrable to the best war. it seemes the ●●lian his successour retaines the same genius to this day , by the late peace , ( notwith●●anding the many knots that were in the thing ) which he concluded : for although 〈◊〉 absolute princes were interessed in the quarrell , and that they had all just preten●●s , and were heated and heightned in their designes , yet rather than they would dila●●t the entrailes of their owne mother ( faire italy ) and expose her thereby to be ra●h'd by tramontanes , they met half way , and complyed with one another in a 〈◊〉 kind of freedome , though every one bore his share in some inconvenience . oh at my children would be mov'd by this so seasonable example of the italian , who ●mongst other of his characters , is said to be wise , à priori , before the blow is given . ●esire my gracious soveraigne to think , that it was never held inglorious or deroga●ie for a king to be guided and to steere his course by the compasse of his great ●ouncell , and to make his understanding descend , and condescend to their advice ; ●●was it ever held dishonourable for subjects to yeeld and bow to their king , ( to be ●●lowes , not oakes ) and if any mistake should happen , to take it upon themselves , ra●●●r than any should reflect upon their soveraigne . and if , in case of difference , he ●●illing to meet them halfe way , 't were handsome they went three parts before to ●ent him . therefore i conjure them both , in the name of the great deitie of hea●●d , ( who transvolves king domes , and tumbleth downe kings in his indignation ) that they 〈◊〉 think of some speedie way to stop the issue of b●oud ; for to deale plainly with 〈◊〉 see far greater reason to conclude this war , than ever there was to 〈…〉 let them consider well they are but outward church rites and ceremonies they fight for , as the rigidst sort of reformers confesse , the lutheran ( the first reformist ) hath many more conformable to the church of rome , which hee hath continued above ●hese yeares , yet is he as far from rome as the first day he left her , and as free from ●anger of relapse into poperie as amsterdam herselfe ; and must i , unhappie i , be ●acerated and torne in peeces thus for shadowes and ceremonies ? o let not posteritie ●ind it upon record , that the unparallel'd act of grace for the continuance of this , be ●ore hurtfull to me , than the untimely dissolution of all parlements pass'd . i know ●here is a clashing 'twixt prerogative and priviledge , but i must put them in mind of ●he misfortune that befell the flock of sheep and the bell-weather , whereof the first ●ed in a common , the latter in an inclosure , and thinking to break into one anothers ●asture ( as all creatures naturally desire change ) and being to passe over a narrow-nar●ow bridge which sever'd them , they met in the middle and justled one another so ●ong , till both fell into the ditch . and now that i have begun , i will warne them by ●nother fable of the spanish mule , who having by accident gone out of the great road , ●nd carried her rider thorow a by-path upon the top of a huge steepie rock , stopp'd upon a sudden , and being not able to turne and go backward , by reason of the narrow●esse of the path , nor forward , in regard of a huge rockie precipice , she gently put ●ne foot behind the other , and recoyl'd in that manner untill she had found the great ●oad againe . i desire my high councell to consider , that the royall prerogative is like the sea , which as navigators observe , and the civilians hold , what it loseth at one time or in one place , gets alwayes in some other ; that subjects banding against their king , are like the earthen pitchers in the fable justling with the great brasse kettle . i desire my deare king to consider , that the priviledge of parlement , the lawes and liberties of the subject , is the firmest support of his crown , that his great councell is the truest glasse wherein he may discerne his peoples love , and his own happinesse ; it were wsdome that both did strike saile in so dangerous a storme , to avoyd shipwrack ; i am loth to say , what consultations , what plots , and machinations are fomenting and ●orging abroad against me , by that time i have enfeebled and wasted my selfe , and lost the flower of my best children in these wofull broyles . mee thinks i spie the iesuit sitting in his cell and laughing in his sleeve at me , and crying out , the devill part the fray , for they do but execute my designes . oh , i feele a cold quame come over my heart , that i faint , i can speak no longer ; yet i will straine my selfe to breath out this one invocation , which shall be my conclusion . sweet peace , most benigne and amiable goddesse , how comes it to passe that thou hast so abandon'd earth , and taking thy flight to heaven , as once astraea did , dost reject the sighs and neglect the sacrifices of poore mortals ? was that flaming vsher of gods vengeance which appear'd six and twentie yeares since in the heavens ▪ the herald that fetch'd thee away ? for ever since poore europe hath been harass'd , and pitifully rent up and downe with 〈◊〉 wars ▪ and now i am become th● last scene ▪ gentle peace , thou which makest heaven and earth to triumph , which gladdest not only the heart of man , but makest the verie medo●●s ●nd 〈◊〉 the forr●sts and woods the hils an● h●●ses to reioyce ; thou which goest alwayes 〈◊〉 by plentie and pleasure , thou w●ich fill●st the 〈…〉 , the grasiers folds , the tradesm●ns shop , th● vintners cell●rs ▪ 〈…〉 desk ▪ the me●chants m●g●●i●es , the prin●es 〈◊〉 , how comes it 〈…〉 throne to bellona , 〈◊〉 - d●stroying 〈…〉 y●oman wan●s h●●ds a●d horse to p●ow up 〈…〉 the morning dew with his anhel●d sweat , shakes at his work 〈…〉 p●undring ; the tradesm●n shuts up his shop 〈…〉 would ; the merchant w●lks to the exchange only to learne new ● , not to negotia●e . behold how my best sort of children are w●arie of their lives , e●●her for 〈◊〉 endl●sse exacti●ns , or remedilesse unthought-on imprisonments , a●d ill by an 〈◊〉 confus'd power which the nec●ssitie of this fatall war hath drawn upon them . sw●et 〈…〉 which wast us'd to mak● princes courts to triumph with tilt and tournements , and other gallantries , to make them receive lustre by forren amb●ssadours ; to make the arts and science● flour●sh ; to make cities and suburbs shine with good y structures to make the countrey ring with the hun s-mans horn , and the shepherds pipe , the high-wayes with carriers bels ; ●ow comes it to passe that bloud-thirstie discord now usurps thy place , and fl ●gs about her snak s in everie cor●er , that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the double-edg'd ●word of civill war doth r●ge and cu● on both sides in so horrid and inhumane a manner ? behold , my prince his court is now full of nothing but buff coats , spanners and musket rests ; both townes and countr●y , and my high-wayes eccho w th nothing but with t e sound of d●ums and tru●pets ; hea●k how pitif●lly my lions roare , how dejectedly my roses and flower de luces hang downe their heads , what dol●full straines my harp gives . o consider my case most blisfull queene ▪ d●scend , desc●nd againe in thy ivorie chariot ? resume thy throne , crowne thy temples with thy won●●d laurell and olive , bar up ianus gates , and make new halcionian dayes to shine in this hem●sp●ere ; dispell those clouds which hover'twixt my king and his highest councell , chase away all jealousies and ombrages of mistrust , that my great law-making court be forc'd to turne no more to polemicall committees , and to a councell of war ( unlesse it be for some forren conquest , ) but that they may come againe into the old parlementarie road , to the path of their predecessours , to consult of meanes how to sweep away those cobwebs that hang in the courts of iustice , and to make the lawes run in their right channell ; to retrench excessive fees , and find remedies for the future , that the poore client be not so peel'd by his lawyer , and made to suffer by such monstrous delayes , that one may go from one tropique to the other , & crosse the equinoctiall twentie times , before his sute be ended ; that they may think on a course to restraine gold and silver from travelling without license , with other staple commodities , and to punish those that transport hides for calf-skins ; to advance native commodities and manufactures , to improve and ballance trade , and settle it so , that it may stand upon its owne bottome , and not by any accidentall wayes , as of late yeares a glut of trade was cast upon me by the wars 'twixt france and the house of austria , and others . that this trade of mine ( my chiefest sinew ) be not cast into the hands of aliens , who eat me out in many places in my own commodities ; that it be prevented hereafter , ●hat one town be not permitted to ingrosse and ingulph all ( like the spleene , ●hat by its swelling sucks both bloud and moisture from the rest of the members ) but that my trade and wealth m●y by some wholsome policie be diffus'd up and down my cities in a more equ●ll distribution . that they may advise of a way to relieve the orphan , who suffers more for his minority in mee , than any where else ; that the poore insolvent subject be not so buried alive , and made to rot in prison , notwithstanding his apparant known disability , whereas were he ●bro●d , he might be usefull to the common-wealth some way or other , and come haply afterwards to an ability to pay . to regulate the businesse of drain'd lands , which well manag'd , would tend very much both to enlarge and enrich my quarters . to secure the dominion of my seas , the fairest flower of my crown , which is now almost quite lost . to preserve my woods , whereof , if this coursehold , their will hardly be found in some places enough to make a tooth-pick . to settle the revenues , and supply the wants of my crown ; for the wants of the crown & the grievances of the subject have bin always used to go hand in hand in my parlements . and now , that my neighbour princes ( specially they of france and spain ) have of late years enhanc'd the revenue royall , at least to the third part more than it w●s , it were a disp●ragement to me , that my king should not bear up in equal proportion ▪ and point of greatnesse this way , considering that he hath more of the royall stem to maintain , than any of his progenitors ever h●d . lastly , that they may settle a way to regulate all exorbitant fancies of novelists , in the exercise of holy religion : it being an undeni●ble m●xime , th●t where there is no obedience , subordination , and restrictive lawes to curb the change●ble humours and extravagancies of mens braines there can be no pe●ce or piety : if the fire be not kept within the tunnell of the chimney , and that some be appointed to sweep down the soot with a high hand ( which may be done otherwise than by shooting up of muskets ) the whole house will be in d●nger of burning . oh me , i feel the pangs of death assail mee , let some good body go toll the bell ; and as one of my kings , ( wil. rufus ) the night before he was slain in new-forrest , for the expi●tion of his fathers sacriledge , did dreame that a cold winde did passe through his bowels , so me thinks , i feele a b●eake cold northern blast blowing upon me , w●ich i fe●r will make an end of me : it is a miracle if i scape , 't is only the high hand of providence can preserve me . if i and my monarchy miscarry , i desire that my epitaph may be written ( in regard i know him to have bin a long time not only sensible , but a sharer with me in point of suffering ) by my dearly beloved child iames howell . to the discerning reader . he that with a well-weigh'd judgement observeth the passions of this last discourse , must needs conclude , that th● author ( besides his own hard condition of two years close impri●sonment ) hath a deep sence of the common calamities of this hi● country in generall , which makes him break out into such patheti● expressions . and because he might do it with more freedom , an● lesse presumption , he makes england her selfe to breath out hi● disordered passions . we know a mother hath a prerogative by a● uncontrollable edict of nature to speak home unto her children , & sometimes in a chiding round way ( though with tears in her eyes ) to give them advice : the same doth england in this discourse but with all the tendernesse and indifferency that may be to bot● parties now in arms. therefore the author humbly hopes tha● no exception , much lesse any offence , will be taken at her complaints , or counsell . mollia commotum frangunt documenta furorem prov. finis . i. h. the kings maiesties answer to the petition of the house of commons, sent on saturday last, the nine and twentieth of this instant january, . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the kings maiesties answer to the petition of the house of commons, sent on saturday last, the nine and twentieth of this instant january, . england and wales. sovereign ( - : charles i) sheet ([ ] p.) printed for iohn burroughes, london : . annotation on thomason copy: " " the ' ' in date in caption title has been crossed out. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no the kings maiesties answer to the petition of the house of commons, sent on saturday last, the nine and twentieth of this instant january, england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the kings maiesties answer to the petition of the house of commons , sent on saturday last , the nine and twentieth of this instant january , . his majesty having seriously considered of the petition presented to him from the house of commons , on wednesday the six and twentieth of this moneth , returns this answer . that he was in good hope his gracious message , the twentieth of this moneth , to both houses would have produced some such overture which , by offering what is fit on their parts to doe , and what is proper for his majesty to grant , might beget a mutuall confidence in each other . concerning the towre of london , his majesty did not expect , that having preferred a person of a knowne fortune , and an unquestionable reputation to that trust , hee should bee pressed to remove him without any particular charge objected against him , and therefore returnes this answer , that if upon due examination any particulars shall be presented to his majesty , whereby it may appeare that his majesty was mistaken in his opinion of the gentleman , and that he is unfit for the trust committed to him , his majesty will make no scruple of discharging him , but otherwise his majesty is obliged in justice to himselfe , to preserve his own worke , lest his favour and good opinion may prove a disadvantage and misfortune to his servants without any other accusation , of which his majesty doubts not this house of commons wil be so tender , ( as of all businesse wherein his majesties honour is so much concerned ) that if they find no materiall exceptions against his person , they will rather endevour to satisfie and reform the feares of other men then ( by complying with them ) presse his majesty to any resolution which may seeme so much to reflect upon his honour and justice . for the fortes and castles of the kingdome his majesty is resolved that they shall allways be in such hands ( and onely in such ) as the parliament may safely confide in : but the nomination of any person to those places , being so principall and inseperable a flower of his crowne , vested in him and derived to him from his ancestors by the fundamentall laws of the kingdome hee will reserve to himselfe ; in bestowing whereof , as his majesty will take care that no corrupt or sinister courses shall prevaile with him , so he is willing to declare that he shall not be induced to expresse that favour so soon to any person as to those whose good demeanour shall be eminent to him or his parliament : and if he now hath or shall at any time by misinformation confer such a trust upon an undeserving person he is and alwayes will bee ready to leave him to the wisdome and justice of his parliament . for the militia of the kingdome ( which by the law is subject to no command but of his majesty , and of authority lawfully derived from him ) when any particular course for ordering the same ( which his majesty holds very necessary for the peace and security of his kingdome ) shall be considered and digested by his parliament , and proposed to his majesty , his majesty will return such an answer , as shall be agreeable to his honour and the safety of his people , his majesty being resolved only to deny those things , the granting whereof would alter the fundamentall laws , and endanger the very foundation upon which the publike happinesse and welfare of his people is founded and constituted , and would nourish a greater and more distructive jealousie betweene the crowne and the subjects , then any of these which would seem to be taken away by such a satisfaction : and his majesty doth not doubt that his having granted more then ever king hath granted will ever perswade his house of commons to aske more then ever subjects have asked . and if they shal acquaint his majesty with the particular grounds of their doubts & feares , he will very willingly apply remedies proportionall to those fears . for his majesty cals god to witnesse that the preservation of the publike peace , and the laws and liberties of the subjects , shall always be his majesties care and industry as of his life and the lives of his dearest children . and therefore his majesty doth conjure the house of commons by all the acts of iustice and favour they have received from him this parliament , by their hopes of future happinesse in his majesty , and in one anothers love of religion and the peace of this kingdome ( in which that of ireland cannot be forgotten ) that they will not be transported with jealousies and apprehensions of possible dangers , to put themselves and his majesty into reall and present inconveniencies , but that they will speedily pursue the way , proposed by his majesties former message which in humane reason is the onely way to compose the distractions of the kingdom ; and with gods blessing will restore a great measure of felicity to king and people . london , printed for iohn burroughes , . a letter from gen. monck in scotland, to the commissioners of parliament in ireland, touching his present actings for the commander in chief of the forces in ireland, to be communicated to the rest of the officers of the army there. albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from gen. monck in scotland, to the commissioners of parliament in ireland, touching his present actings for the commander in chief of the forces in ireland, to be communicated to the rest of the officers of the army there. albemarle, george monck, duke of, - . sheet ([ ] p.) printed at dublin by special order: and re-printed at london, for nath. brook, at the angel in cornhil, [london] : [ ] signed at end: george monk. publication date fom wing. annotation on thomason copy: "xber [i.e., december] ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from gen. monck in scotland, to the commissioners of parliament in ireland, touching his present actings. for the commander in chie albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from gen. monck in scotland , to the commissioners of parliament in ireland , touching his present actings . for the commander in chief of the forces in ireland , to be communicated to the rest of the officers of the army there . sir , having received yours of the th of this instant , signed by your self and some others : you are pleased to signifie your apprehensions of our undertakings , and your hopes that we have received from our brethren in england such satisfaction as we may acquiesce in , in their late actings . i have sent to you by this gentleman these enclosed papers , wherein you will fully be informed of our endeavours and pains , to keep a right understanding with our friends and fellow souldiers : but we sincerely profess to you , that we cannot be convinced of any such necessity or sence of duty , that could engage them in actions so violent and unwarrantable , contrary to such late and solemn engagements : indeed it makes our hearts mourn in secret , to confider what the issue of this dangerous and rash change of the government may be : but we hope we shall be found in the way of duty , and shall walk according to gods word , in that we have borne our testimony according to our consciences against that which is evil ; and we humbly desire you to lay to heart the great dishonour that will lye upon the holy name of god , by our inconstancy and ( i wish i could not say ) treachery . are we not an army that have the highest engagements upon us ? never such a professing generation for god! yet to make no conscience of obedience to those god sets over us ; nay , such whose authority hath been witnessed to , by almighty god , in many successes ; and for restoring of which we were , but the other day rejoycing and praising god ; and for the asserting whose just authority , our brethren in england so lately hazarded to bloud , from whom we have all received commissions and encouragement : and this to be done without half an hours deliberation ! we tremble to consider of it , and that a few persons , and of them some unknown to us , to be intrusted with the power of abolishing laws , raising moneys , chusing general officers , creating new models of government , making peace and war ; and this derived from the officers of a few regiments quartered in england ; and our consent to all this , authoritatively required . we cannot but witness against such proceedings , as must needs make us a scorn to our enemies , a shame to our friends , and odious to all the people of god in the world . is this the good old cause , the defence of the parliaments priviledges , to dissolve them with the greatest contempt ? are the peoples rights now secured , when their consciences , estates and persons , are abandoned to the will and pleasure of nine or ten persons ? are the churches of jesus christ like to be protected , when the encouragement of the ministry of the churches is to be removed ? now we beseech you , in the bowels of the lord jesus , to lay to heart these things , and consider whether our jealousies and fears be not real . and we declare in plainness and singleness of heart , ( as in the presence of god ) with you , that our brethren in england , are very dear to us in the lord ; that it wounds us deeper to consider these actings , then the wounds we have received from our enemies ; for then we could have borne them . we bless the lord that you are so sensible of the hazard and bloud that may follow . so we beg of you to remember what bloud hath been shed , and who will answer for it , if we be worse then those god cast out before us . we bless god that we need no umbrage , for our actions ; but testifie before god and man , that we will not admit any single person whatsoever , nor house of lords ; that we desire successive parliaments , and councils of state established by authority of parliament for the government of these nations ; and that there may be a legal foundation and succession . we desire you our brethren in ireland , to joyn with us , in your desires to the army in england , that this parliament may be restored , and put a legal period to their sitting ; and settle such expedients as may be for the securing of these nations , against the common enemy . and we shall take this as a renewed engagement of your brotherly love and kindness to us . and having no further to trouble you , but to let you know , that i am , honoured sir , your humble servant , george monk . this messenger after some time being in this city , carried himself very indiscreetly , so that i thought fit to confine him to his chamber ; which i hope you will not take ill . printed at dublin by special order : and re-printed at london , for nath. brook , at the angel in cornhil . a defence of the late lord russel's innocency by way of answer or confutation of a libellous pamphlet intituled, an antidote against poyson : with two letters of the author of this book, upon the subject of his lordship's tryal : together with an argument in the great case concerning elections of members to parliament, between sr. samuel barnardiston bar. plaintiff, and sr. will. soames, sheriff of suffolk, defend., in the court of kings-bench, in an action upon the case, and afterwards by error sued in the exchequer-chamber / by sir robert atkyns, knight of the honourable order of the bath ... atkyns, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a defence of the late lord russel's innocency by way of answer or confutation of a libellous pamphlet intituled, an antidote against poyson : with two letters of the author of this book, upon the subject of his lordship's tryal : together with an argument in the great case concerning elections of members to parliament, between sr. samuel barnardiston bar. plaintiff, and sr. will. soames, sheriff of suffolk, defend., in the court of kings-bench, in an action upon the case, and afterwards by error sued in the exchequer-chamber / by sir robert atkyns, knight of the honourable order of the bath ... atkyns, robert, sir, - . [ ], - p. printed for timothy goodwin ..., london : . "an argument in the case ..." (p. [ ]- ) has special t.p. advertisements: p. [ ]. copy filmed at reel bound and filmed following wing a , a and a . reproduction of originals in union theological seminary library, new york and the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng russell, william, -- lord, - . nottingham, heneage finch, -- earl of, - . -- antidote against poison. england and wales. -- parliament. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - spi global rekeyed and resubmitted - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion advertisement . there is lately printed for timothy goodwin , at the maiden-head against st. dunstan's church in fleet-street , these two books following . i. an enquiry into the power of dispensing with penal statutes . together with some animadversions upon a book writ by sir edw. herbert , lord chief iustice of the court of common-pleas , entituled , a short account of the authorities in law , upon which judgment was given in sir edward hales 's case . ii. the power , jurisdiction , and priviledge of parliament ; and the antiquity of the house of commons asserted : occasioned by an information in the king's bench , by the attorney-general , against the speaker of the house of commons . as also a discourse concerning the ecclesiastical iurisdiction in the realm of england ; occasioned by the late commission in ecclesiastical causes . both writ by sir robert atkyns , knight of the honourable order of the bath , and late one of the iudges of the court of common-pleas . a defence of the late lord russel's innocency , by way of answer or confutation of a libellous pamphlet , intituled , an antidote against poyson ; with two letters of the author of this book , upon the subject of his lordship's tryal . together with an argument in the great case concerning elections of members to parliament , between sr samuel barnardiston bar. plaintiff , and sr will. soames sheriff of suffolk , defend ' in the court of kings-bench , in an action upon the case , and afterwards by error sued in the exchequer-chamber . by sir robert atkyns , knight of the honourable order of the bath , and late one of the judges of the court of common-pleas . london : printed for timothy goodwin , at the maiden-head against st. dunstan's church in fleet-street . . to the reader having , about five years since , had applications made to me by divers friends and relations of that most excellent person , the late lord rvssel , when his troubles befel him , and while he was upon his tryal , to give him the best assistance i could in my profession , and to instruct him how to manage his defence : and the like assistance being afterwards desired from me , by many more persons of the best quality , who soon after fell into the same danger : i living at some distance from london , did venture , by letters , to send the best rules and directions i could , towards the making of their just defence , being heartily concern'd with them . the copies of which letters of mine , being very lately come to my hands , with an intention to have them likewise publish'd together , with that discourse or argument that concern'd that honourable lord , i thought it might be some help to such as may possibly hereafter fall into the like danger and trouble , being by the strict rules of law denied the benefit of councel in capital crimes , as to matters of fact and proofs , at an easie rate to be instructed , by the advice contained in these letters , how to manage their defence . this prevail'd with me to publish the very letters themselves , being meerly upon the same subject with the larger discourse , upon the title and head of high-treason . first letter , concerning my lord russel's tryal . sir , i am not without the apprehensions of danger that may arise by advising in , or so much as discoursing of publick affairs ; yet no fear of danger shall hinder me from performing that duty we owe to one another , to counsel those that need our advice , how to make their just defence when they are called in question for their lives , especially if they are persons that have by their general carriage and conversation appeared to be men of worth , and lovers of their king and country , and of the religion established among us . i will follow the method you use , and answer what you ask in the order i find in your own letters . i cannot see any disadvantage or hazard by pleading the general plea of not guilty : if it fall out upon the proofs that the crime is only misprision of treason , and not the very crime of treason , the iury must then find the prisoner not guilty of treason , and cannot upon an indictment of treason find the party guilty of misprision , because he is not indicted , for the offence of misprision , and treason and misprision of treason are offences that the law hath distinguished the one from the other , and the one is not included in the other ; and therefore if the proofs reach no farther then to prove a misprision , and amount not to treason , the prisoner may urge it for himself , and say that the proofs do not reach to the crime charged in the indictment , and if the truth be so , the court ought so to direct the iury , not to find it . ☞ now being present in company with others , where those others do consult and conspire to do some treasonable act , does not make a man guilty of treason , unless by some words and actions he signifie his consent to it , and approbation of it : but his being privy to it , and not discovering it , makes him guilty of misprision of treason , which consists in the concealing it , but it makes him not guilty of treason ; and if the same person be present a second time , or oftner , this neither does not make him guilty of treason , only it raises a strong suspicion that he likes it , and consents to it , and approves of it , or else he would have forborn after his having been once amongst them : but the strongest suspicion does not sufficiently prove a guilt in treason , nor can it go for any evidence : and that upon two accounts . ☞ first , the proofs in case of treason must be plain & clear and positive , and not by inference , or argument , or the strongest suspicion imaginable : thus says sir edward coke in many places in his third institutes in the chapter of high treason . ☞ secondly , in an indictment of high treason , there must not only be a general charge of treason , nor is it enough to set forth of what sort or species the treason is , as killing the king , or levying war against him , or coyning money , or the like , but the law requires that in the indictment there must be also set forth some overt or open act , as the statute of the th of edw. the d. calls it , or some instance given by the party or offender , whereby it may appear he did consent to it , and consult it , and approve of it ; and if the bare being present should be taken and construed to be a sufficient overt or open act , or instance , then there is no difference between treason and misprision of treason ; for the being present without consenting makes no more then misprision , therefore there must be something more then being barely present to make a man guilty of treason , especially since the law requires an overt , or open act to be proved against the prisoner accused . see sir coke's third institutes fol. . upon those words of the statute , ( per overt fact ) and that there ought to be direct and manifest proofs , and not bare suspicions or presumptions be they never so strong and violent , see the same fol. in the upper part of it upon the word ( proveablement ) and the statute of the of edw. . chap. . requires that there should be two witnesses to prove the crime , so that if there be but one witness , let him be never so credible a person , and never so positive ; yet if there be no other proof , the party ought to be found not guilty , and those two witnesses must prove the person guilty of the same sort or species of treason . as for example , if the indictment be for that species of treason of conspiring the king's death . both witnesses must prove some fact , or words tending to that very sort of treason ; but if there be two witnesses , and one proves the prisoner conspired the death of the king , and the other witness proves the conspiring to do some other sort of treason , this comes not home to prove the prisoner guilty upon that indictment , for the law will not take away a man's life in treason upon the testimony and credit of one witness , it is so tender of a man's life , the crime , and the forfeitures are so great and heavy . ☞ and as there must be two witnesses , so by the statute made in the th year of his now majesty , chap. the st . ( intituled for the safety of his majesties person ) those two witnesses must not only be lawful , but also credible persons . see that statute in the th paragraph , and the prisoner must be allowed to object against the credit of all , or any of the witnesses ; and if there be but one witness of clear and good credit and the rest not credible , then the testimony of those that are not credible must go for nothing by the words and meaning of this statute : see the statute . now were i a iury-man , i should think no such witness a credible witness , as should appear either by his own testimony , or upon proof made by others against him to have been particeps criminis , for that proves him to be a bad , and consequently not so credible a man ; especially if it can appear the witness has trapann'd the prisoner into the committing of the crime . then the witness will appear to be guilty of a far higher crime then the prisoner , and therefore ought not to be believed as a credible witness against the prisoner , for he is a credible witness that has the credit of being a good and honest man , which a trapanner cannot have , and this trapanning proves withal , that the trapanner did bear a spight and malice against the person trapanned , and intended to do him a mischief , and designed to take away his life . shall such a one be a credible witness , and be believed against him ? god forbid . ☞ then again , it cannot but be believed that such persons as have been guilty of the same crime , will out of a natural self-love be very forward and willing to swear heartily and to the purpose , in order to the convicting of others , that they may by this service merit their pardon , and save their own lives . and for this reason are not so credible witnesses , such as the statute of the of car. . does require . read over the whole chapters of sir edward coke of high treason , and of petty treason ; for in this latter of petty treason there is much matter that concerns high treason . i wish with all my soul , and i humbly and heartily pray to almighty god , that these gentlemen that have given so great proof of their love to the true religion , and of the just rights and liberties of their country , and of their zeal against popery , may upon their tryal appear innocent , i am so satisfied of their great worth , that i cannot easily believe them guilty of so horrid a crime . i pray god to stand by them in the time of their distress ; i wish i might have the liberty fairly to give them the best assistance i could , in that wherein i might be any way capable of doing it . i beseech almighty god to heal our divisions , and establish us upon the sure foundations of peace and righteousness . i thank you for the favour you have done me , by imparting some publick affaires which might perhaps have been unknown to me , or not known till after a long time , for i keep no correspondence . when there is an occasion , pray oblige me by a farther accompt , especially what concerns these gentlemen : and tho' i have written nothing here but what is innocent and iustifiable , yet that i may be the surer against any disadvantage or misconstruction , pray take the pains to transcribe what notes you think fit out of this large paper , but send me this paper back again inclosed in an other by the same hand that brings it . ☞ there is nor ought to be no such thing as constructive treason , this defeats the very scope and design of the statute of the th of edw. . which is to make a plain declaration , what shall be adjudged treason by the ordinary courts of iustice , the conspiring any thing against the king's person , is most justly taken to be to conspire against his life . but conspiring to levy war , or to seize the guards is not conspiring against the king's life . for these are treasons of a different species . your faithful friend and servant r. a. the second letter . sir , i thank you for the unexpected accompt you gave me by your first letter , but this exact narrative you have now sent me of the tryal of the honourable excellent person my lord russel has exceedingly obliged me . it was a thing i much desired , but i knew not from what hand to gain it , for i was a little impatient to hear what could be prov'd of so foul a nature as high treason against a person of whom i had ever entertained a very high esteem ; and tho' i had a very small and short acquaintance with him , yet no man that has known any thing of the publick affairs , or of our late transactions could be a meer stranger to his great worth. he had as great a name for a true and honest english gentleman , and for good temper , and prudence , and moderation , as ever i knew any man have , and was generally belov'd by all that love our religion and country . i presume your relation of the proofs at his tryal is certainly true in every part , and in the very words , and it is a thing that might be had by many hands , the proceedings being so publick , and i suppose deliberate : presuming it to be true , this i will affirm , that upon this evidence , both that against him , and for him , ( might i have been permitted to have made his defence for him at his tryal after the evidence given ) i could easily have satisfied any equal and understanding iudicious man , that my lord ought to have been acquitted , and had i been one of the iury that try'd him , i make no doubt i could clearly have convinced all my fellows ( if they were honest and indifferent . ) that they ought not to have found him guilty . the species or sort of high treason that the witnesses inclin'd to prove against him , was a conspiracy with others to leavy war against the king. the two first witnesses , viz. rumsey and sheppard , tho what they say may raise a strong suspicion upon my lord , and make it probable that he was guilty , yet neither of them do come home and close to the person of my lord russel , as they do ( i confess ) against the earl of shaftsbury , sir thomas armstrong and ferguson . the first does not affirm , that the lord russel did joyn in the discourse , or agree to any thing in the consult , but only says , he was present , which extends no farther then to make a misprision of treason , and this too not directly and positively as legal proof ought to be , to convict a man of treason ; the later ( sheppard ) when he applies what he swore to the person of the lord russel only sayes , he believes the lord russel was there at that time when the discourse he speaks of was used , which is a very imperfect uncertain proof , and not positive enough ; so that neither of these were full witnesses . as to the evidence given by the lord howard against my lord russel , it is strange to me , ( as the evidence is stated ) that any credit should be given to it , that he should be believed against those execrations , that ( it seems ) he had so solemnly , and so lately used to the contrary of his evidence : especially when by giving this evidence , he must merit his own pardon , and save his own life , which extreamly takes off from the credit and weight of his evidence . what mr. west says , in rference to my lord russel , was but bare opinion and hear-say , and is no proof at all in law ; so that instead of two plain , direct , manifest , and positive and two credible witnesses as the law requires in treason , here is not in my opinion so much as one positive credible witness . the lord howard ( as your case and narrative states it ) is not credible , though direct and positive . none of the other three are positive , though more credible . in the statute of the th of edward the third of treasons , the word ( proveablement ) as sir edward coke observes upon it , in his third institutes , fol. . imports direct and manifest proofs , not presumptions and conjectures , and ( as may be added ) not probabilities ; and so the words ( per overt fact ) do ( as he observes ) strengthen that sence of the word ( proveablement ) and the act of treasons made since this kings time , requires there should be two credible witnesses . now , tho' the lord howard was not by the evidence offer'd against him by the lord russel utterly disabled from being a witness , yet i will be bold to say , it made him no credible witness in this case . that the lord russel made no use of these things in his defence , though a man of parts , is no wonder to me , the ablest man under that terrour , and upon so speedy a proceeding , and where it is impossible to be so composed and free from distraction , may easily pass by many just advantages , which a stander by with less abilities might quickly have apprehended . i am far from rflecting upon the court that try'd him , this matter that i observed , rested principally upon the iury. and he is found guilty and condemn'd , and it may be before this comes to your hand , put to death too ; if it have so hapn'd ( as possible it may ) that the earl of bedford , and his other great relations have prevail'd with the king for a respit of the execution , i wish and heartily beg of almighty god , that these considerations may yet be made use of to the king , ( with whom it then rests ) as tabula post naufragium , to save the life of this noble lord. much more then this may be said , were there such an opportunity before the king , ( and i so intend it and no otherwise ) and if i might be any ways serviceable in it , i would come up to london bare-foot , rather then neglect so good an office. and i ever thought it a severity in our law , that a prisoner for his life is not allowed the assistance of a grave and prudent lawyer , or some other friend to make his defence for him , even as to matter of fact , as well as to law. i know 't is said , the court is of councel for the prisoner , but for my part , i should never desire to depend upon that onely . i know what this is by experience . if the case be in any part of it mistaken , i have lost all my observations , and beg your pardon for all this trouble ; it is out of the great honour and zeal i have for that good lord , but the narrative you give is very ably and well composed , and in very good method , and i think could not have been better done , which inclines me to think it very true also . i could be contented the earl of bedford ( to whom i am known ) might have the view of this letter , if it come not too late , and may be thought of any use ; i heartily thank you for your favour , which obliges me to be , your faithful friend and servant , r. a. iuly . . a defence of the late lord russel's innocency , by way of answer or confutation of a libellous pamphlet , intituled , an antidote against poyson . . the pamphlet stiles it self an antidote against poyson , but it is so far from deserving that title , that it may be truly said , that the antidote it self is the rankest poyson . we read in history that the noble emperour called henry of luxenburgh was poysoned in the sacrament , and pope victor was poysoned in receiving of the chalice : who could have suspected such horrid villany in the administration of such sacred and solemn rites ? who could without horrour and amazement contrive the mingling of a deadly poyson with the bread and water of life ? to make those consecrated elements ( which ought to be the savour of life unto life ) to be the dreadful messengers of sudden death ? surely had those outward signs been changed into the very body and bloud of the lord of life , ( as they that acted in those execrable villanies profess'd to believe ) there must needs have been a miracle wrought in altering likewise the substance and malignant nature of those poysons , that they should not have wrought those direful effects ; which yet they did . there appears the like wicked policy in the author of this pamphlet , who under pretence of prescribing an antidote against poyson , under the vizar and disguise of preventing mischief , does most deceitfully infuse the worst of poysons ; and labours to intoxicate a whole nation . this author would have the world believe that the noble lord in the composing of his speech was wholly govern'd by his confessor , and that the compiler of it was infected with those doctrines , that the northern climate has of late furnished us with . the very language and spirit of coleman ! sure the soul of coleman is by transmigration enter'd into this author ; it is easie to guess at his religion . he supposes all that were present at my lord's tryal must needs be surpriz'd to find the truth of the case so untruly and unfaithfully set down in my lord's speech . but whoever will take the pains to read the tryals publish'd by authority , ( which no man will suspect of partiality towards the person tryed ) will receive abundant satisfaction in the truth of what was said by the lord russel , and discover the shameless impudence of this malicious author . the indictment ( as we find it printed at large in the tryal , fol. . ) charges the prisoner , that he intending to disturb the peace of the kingdom , and to move war and rebellion against the king , and to subvert the government , and to depose or put down , and deprive the king from his title and kingly name of the imperial crown of his kingdom of england , and so bring and put the king to death and destruction . . nov. . car. . and at other times maliciously and traiterously with divers others did conspire , compass , imagine , and intend , . to deprive the king of his title and government . . and to kill the king , and to subvert the government . . and to move insurrection and rebellion against the king. and to fulfil and perfect these treasons , and traiterous compassings and imaginations , the said william russel did meet together with divers other traytors , and consult , agree , and conclude , . to move and stir up insurrection and rebellion . and , . to seize and destroy the king's guards . the operative and emphatical words of this indictment , are the intending , conspiring , and concluding . the things intended , and conspired were , . to move and stir up war and rebellion against the king. . to depose the king. . to kill the king. and in order to the accomplishing of these horrid crimes . the things concluded on were , . to move and stir up insurrection and rebellion . . to seize and destroy the guards . this is the very sum and true method of the indictment , if it be truly printed in the tryals . note , here is no open act or deed charg'd to be done by the lord russel , unless his meeting together with others be meant to be an open act or deed ; but then again that act of meeting terminates meerly in consulting , agreeing , and concluding . they met only to consult , agree , and conclude , but they acted nothing in pursuance of that consulting , agreeing , and concluding , for any thing that appears in the indictment , so that the meeting properly hath not the nature of an acting or action , or of a thing done ; but the effect of the indictment is , that the lord russel and others did consult , agree , and conclude to do something , but the indictment stops there , and goes no further , for it sets not forth any thing done at all , so that here is no overt act or deed , and therefore the indictment is void , for there is no act charg'd but meeting , and that was meerly in order to consult and agree , and they did agree upon a thing to be done , but it is not said they did it , or did any thing towards it , i repeat this the oftner that it may be the better understood and minded , being very material , read the indictment . the indictment is grounded upon the statute of e. . cap. . ( the old statute of treasons . ) so the attorney general declares himself , fol. . of the tryal . now let us see how far this charge in the indictment will make my lord guilty of any treason within that statute . the body of that statute of e. . of treasons is printed together with 〈…〉 see the tryal , fol. . so that it need not be repeated here , though● there are some other clauses in that statute not printed in the tryal . the occasion of making that statute appears to be the variety of opinions , that then were , what should be accounted treason , and what not , which was very mischievous to the subjects , and gave too great a liberty to the judges of the ordinary courts . to cure this mighty mischief , and to prevent that arbitrary power of judges , this excellent statute makes a declaration what shall be adjudged treason by the ordinary courts of justice , not but that there might be like cases or other facts amounting to treason , besides those there enumerated , but those other facts or treasons must not be adjudg'd by those ordinary standing courts , ( such as the goal-delivery of newgate , and the court of the king's-bench at westminster itself are ) but in such cases those courts must forbear proceeding , and the case must be reserv'd for the determination of the king and parliament : see that statute in the printed statutes at large . so that the court of goal-delivery at newgate must judge only and proceed upon no other treasons but what are there enumerated and specified . now the treasons in that statute enumerated and specified ( for the word ( specified ) is the very word used by that statute ) are these . . compassing or imagining the death of the king. queen . prince . . violating or carnally knowing the queen . king's eldest daughter unmarried . prince's wife . . levying war against the king , ( not a compassing or imagining to levy war ) but an actual levying war. it must be a war begun , and several other sorts of treasons are there specified , not to our purpose to be recited . the statute further requires that the person indicted be proveably attainted of some one of these teasons by overt deed , that is some open manifest act , or deed done , which must of necessity also be expresly set down in the indictment , and fully and clearly proved at the tryal by two witnesses . see sir coke's third institutes in his chapter of high-treason , fol. . in his exposition of the words of that statute , ( per overt fait ) and there fol. . upon the words , ( fait compasser ) he tells you the nature of that open deed that the statute intends . it must be a deed , and not meer words ; it must be a deed tending to the execution of the treason imagined : that deed must be an open deed ; that is , it must be fully proved and made open and manifest at the tryal by clear proof . so that if the indictment fail of setting forth one of those treasons that are there enumerated , it is not a good indictment upon that statute . if it do set forth one of those treasons , yet if it do not set forth some open deed done by the party indicted , that is , such a deed as does properly and naturally tend to the execution of that sort of treason set forth in that indictment . in such case also the indictment is not good . if both these , viz. the treason intended , and a proper suitable open deed be well set forth in the indictment ( which make a good indictment ) yet if that very sort of treason intended and that open deed or fact so set forth in the indictment , be not also fully clearly and manifestly proved upon the tryal against the prisoner , he ought to be acquitted . it will not suffice either to prove it by one witness , or to prove any other sort of treason ( not charg'd in the indictment ) nor any other overt deed , other then what is so set forth in that indictment , tho' it be by never so full a proof , but upon that indictment the prisoner ought to be acquitted , if that special treason , and that special overt or open deed set forth and expressed in that very indictment be not fully proved . now let us examine the indictment in this case against the lord russel , and the proofs against him as they are published by authority , and observe how they agree with the statute , and how the indictment and proofs agree the one with the other . it may be admitted that here is in the indictment against the lord russel , a treason sufficiently charged and set forth , viz. one of the treasons specified in that statute of edw. . namely , that the lord russel did compass and imagine the death of the king. this is not denied ; but it is duly charged in the indictment . for those other charges in the indictment , viz. his intending to depose the king , and his intending to move or levy war and rebellion against the king ; these are inserted into the indictment as aggravations of that horrid crime of intending to kill the king , or as open acts of the other , but of themselves alone , they are no distinct substantive charges ; nor are they any of the treasons specified in this act , upon which act this indictment is solely grounded . for tho' by the act of of this king that now is chap. . entitled ( an act for the safety and preservation of the king's person ; ) it is made high-treason ( during the now king's life only ) to compass or imagine to depose the king ; or to compass or imagine to levy war against the king : if such compassing or imagination be expressed by speaking or writing , ( altho' without any open deed ) yet the lord russel was not indicted upon that statute , ( as the atturney general himself acknowledged openly at the tryal ) but only upon the old statute of edw. . so that those late made treasons are not to our purpose . so that the only treason charg'd in the indictment as a substantial charge , is , that of imagining to kill the king. and so the lord chief justice agrees in his direction to the jury . see the tryal , fol. . but , where is that other requisite , that other most material part of the indictment , of the open deed or act ? without which the rest serves for nothing . for it is not enough by this statute to make a man guilty of conspiring or imagining the death of the king , unless the party indicted have expressed that imagination by some open deed ; and that must be plainly set down in the indictment too , or else the indictment ( as was said before ) is no good indictment . and it must appear to the court , upon the indictment , not only to be an open deed , but such a deed as has a natural aptitude and tendency to the execution of that very treason so imagined . and there is no such set forth in this indictment , and therefore the indictment it self was insufficient and void . and that which seems to have a colour of an overt fact , or open deed set forth in this indictment , was not fully and sufficiently proved neither ; and then tho' the indictment had been sufficient , yet for want of due proof , the party indicted ought to have been acquitted . to these two points or matters , shall the ensuing discourse confine it self : and if this undertaking be made good , the antidote will appear to be a rank poison ; the lord russel's speech justified , and his innocency and loyalty cleared , and his honour vindicated . the overt fait or open deed set forth in the indictment ( if there be any ) are the things said to be consulted of , agreed and concluded on , viz. to move and stir up insurrection and rebellion . . to seize and destroy the guards . ( peruse the indictment carefully . ) now neither of these are open deeds in the nature of them . the first , which is to stir up insurrection and rebellion ; this is a distinct species of treason it self , it is the same with a levying of war ( specified in this statute of edw. . which is the only statute we have to do with in this case of my lord russel ) and if it had been set forth in the indictment as a deed done , or thing acted ; that is , if it had been laid in the indictment , that the war was actually levied , or the insurrection or rebellion actually raised or stirred up , ( as it is not , for it is only mention'd as a thing agreed and concluded on , and not done ) yet it had not been a sufficient proper overt fait , or open act , to make it a good indictment ; because ( as is said before ) levying of war is a distinct species from that of compassing to kill the king ; and therefore cannot be made an overt fait or open deed , to manifest an imagination of killing the king. for that one species of treason cannot be a proper open act to another species of treason , as will be proved hereafter . sir edward coke in his third institutes , fol. . in the third clause or paragraph of that folio , tells us , that the connexion of the words are to be observ'd , viz. ( thereof be attainted by overt or open deed. ) this , says sir edward coke , relateth to the several and distinct treasons before expressed ; whereof that of imagining to kill the king , and that of levying war against the king , are two distinct species of high-treason . and therefore says sir edward coke , the one of them cannot be an overt act for another ; that is , levying of war cannot be an overt act , for that sort of treason in imagining to kill the king ; much less when the indictment does not charge it as a war actually levied , but only an agreement or conclusion for levying a war. such agreement can be no open deed to manifest an intent or imagination of killing the king. this is the main question between us . the other only colour or pretence to an overt fait , or open deed , must be that of seizing or destroying the king's guards : for no other but these two are set forth in the indictment , or look any thing like overt or open acts. and this latter is nothing like to an overt fait or open deed , in the nature of it , for it is not said to be done , but only agreed on , and concluded on to be done . if it had been but alledged in the indictment , that in pursuance of this agreement or conclusion of the conspirators , a view was accordingly taken of those guards , and reported to the rest ( whereof the lord russel was one ) that it was feasible ; ( whereof there is some colour of proof against some of them ) this had been more to the purpose : but being laid so imperfectly as it is , the indictment itself must needs be insufficient , for the reasons before given . but , alas ! the noble lord is gone , and he is gone from whence he would not be re-call'd , a place of infinite bliss and glory , out of a spiteful malicious world : it is we , it is the king and kingdom , it is the whole protestant part of the world that suffers the enestimable loss of him . not to speak of the unspeakable grief of his dear and disconsolate widdow , and other noble relations : factum infectum fieri nequit . so that we may seem to labour in vain , and it comes too late ; but something may be done for the benefit of his hopeful posterity , and some small satisfaction may be made to his noble family , by a writ of errour for reversing of this attainder , and the avoiding of the record ; for the statute of eliz. cap. . extends only to such attainders for high-treason as then had been before the making of that statute , and does not hinder a writ of errour in this case , if the king will sign a petition for it . but to examine this last overt fait or open deed a little further : viz. to seize and destroy the king's guards . the guards ; what guards ? what , or whom does the law understand or allow to be the king's guards , for the preservation of his person ? whom shall the court that tried this noble lord , whom shall the judges of the law that were then present , and upon their oaths , whom shall they judge or legally understand by these guards ? they never read of them in all their law-books . there is not any statute law that makes the least mention of any guards . the law of england takes no notice of any such guards ; and therefore the indictment is uncertain and void . the king is guarded by the special protection of almighty god , by whom he reigns , and whose vice-gerent he is : he has an invisible guard , a guard of glorious angels . non eget mauri jaculis nec arcu ; nec venenatis gravida sagittis . ( crede ) pharetra the king is guarded by the love of his subjects . the next under god and the surest guard. he is guarded by the law and courts of justice . the militia and the trained-bands are his legal guard , and the whole kingdoms guard. the very judges that tryed this noble lord were the king's guards , and the kingdoms guards , and this lord russel's guard against all erroneous and imperfect indictments , from all false evidence and proof , from all strains of wit and oratory mis-applied and abus'd by councel . what other guards are there ? we know of no law for more , king henry the seventh of this kingdom ( as history tells us ) was the first that set up the band of pensioners : since this the yeomen of the guard , since them , certain armed bands commonly now adays ( after the french mode ) called the king's life-guard , rid about and appearing with naked swords to the terrour of the nation , but where is the law ? where is the authority for them ? it had been fit for the court that tryed this noble lord on this indictment to have satisfied themselves from king's councel what was meant by these guards ; for the alledging and setting forth an overt fait , or open deed in an indictment of treason must be of something that is intelligible by law , and whereof judges may take notice by law : and herein too the indictment failes and is imperfect . but admit the seizing and destroying of those who are now called the king's life-guard , had been the guard intended within this overt fait , or open deed ; yet the indictment should have set forth that de facto , the king had chosen a certain number of man to attend upon and guard his person , and set forth where they did attend , as at white-hall , or the mews , or the savoy , &c. and that these were the guard intended by the indictment , to be seiz'd and destroy'd , that by this setting forth the court might have taken notice judicially what and who were meant ; but to seize and destroy the king's guards , and not shew who , and what is meant , makes the indictment very insufficient . so much as to the indictment itself . in the next place let us look into the proofs as they are at large set forth and owned in the printed tryal , and let us consider how far those proofs do make out the charge of the indictment , viz. the compassing and imagining the death of the king , and how far they make out that overt fait , or open deed ( such as it is ) , of seizing or destroying the king's guards , in order to the effecting of that compassing and imagining the death of the king , and it must appear by proof to be in truth so intended by the conspirators , and levell'd to that end , for if it were done , yet if it were done quite to another intent and purpose , and not to that of compassing the king's death , it does not come home to this indictment . there are but three witnesses that can be thought to bring the matter home , and to fix any thing upon the lord russel , col. romsey , mr. sheppard , and the lord howard . it is true , two of the three , that is col. romsey , and the lord howard positively prove a trayterous design , or a discourse at least by some of the company of making an insurrection or rebellion , or ( to speak it in the language and phrase of this statute of e. . ) of levying a war against the king , ( for all these signifie one and the same thing ) and they prove the lord russel was sometimes present at those meetings ; but is that enough ? admit he were present and heard the debate of it ; ( which yet is not fully and directly prov'd ) yet if he did not joyn in the debate and express , and some way signifie his approbation of it , and consent to it , it makes him not at all criminous . it is true , his after concealing of it might have made him guilty of misprision of treason , but that is a crime of another nature , and is another distinct genus of crimes , of which he was not indicted . col. romsey as to the overt fait ( as they would make it ) says there was some discourse about seeing what posture the guards were in , and being asked by one of the jury , by whom the discourse was , he answers , by all the company that was there , ( whereof as he said before the lord russel was one ) so that my lorld russel may ( i agree ) be understood to be one that discours'd about seeing what posture the guards were in . nay the colonel says all the company did debate it , and he says further , the lord russel was there when some of the company undertook to take the view of those guards , and being asked by the attorney general to what purpose the view was to be , the colonel answers , it was to surprise our guards , if the rising had gone on . the chief justice observing to the witness that he ought not to deliver a doubtful evidence , and to speak it with limitations , that made it not so positive , as by saying , ( i apprehend so and so ) then the colonel grows more positive , and says further , that a rising was intended ; but afterwards he says , there was no debate of the rising . at last the witness being asked by sir george iefferies whether the prisoner were present at the debate concerning the message from the lord shaftsbury to the company then met , and the answer return'd to it : he flatly says the prisoner was present at that debate , ( which debate did indeed concern the rising ) being ask'd by the same person whether my lord was averse to it , or agreeing to it . he answers like an eccho , agreeing to it . nay , then he says my lord russel did speak , and that about the rising of taunton , and that he did discourse of the rising , but what were his words ? being question'd again by the chief justice , whether my lord did give any consent to the rising , he answers still like an eccho , my lord did : and this last answer , is the weighty part of his evidence , if there be any weight at all . now mind the defect of the witness 's memory in some other most material passages . he thinks the lord grey did say something to the same purpose , with the answer deliver'd by ferguson to the lord shaftesbury's message . he does not know , ( says he ) how often he himself ( the witness ) was at mr. sheppard's house , where this debate was . he says he was there more then once , or else i heard ( says he ) mr. ferguson make a report of another meeting to the lord shaftsbury . and then he says that this was all at that time that he remembred , and before this he had said no more against the lord russel , but that he was present , and after this upon much interrogating of him , he proceeds to tell a great deal more , indeed all the rest that has been before observ'd to proceed from him . and after all , he says he thinks he was not there above a quarter of an hour . he says he was not certain whether he did hear something about a declaration there , or whether mr. ferguson did report it to my lord shaftesbury , that they had debated it . and the witness speaking of a view to be taken of the guards , to surprize them : the lord chief justice seems to be surpriz'd at that word : the guards ! he never met it in all his books . what guards ? why you know it is mention'd in the indictment ; but he might yet very well ask what guards : and the colonel answers , the guards at the savoy and the mewse . the colonel says , he thinks the duke of monmouth , and the lord grey , and sir thomas armstrong were the persons that undertook to view the guards . and he thinks sir thomas armstrong began it , and mr. ferguson . and he says further direction was given to take a view of the guards , if the rising had gone on , ( as it never did ) and then he mentions the very day that had been appointed for the rising , viz. the th of november ; and that the message from the lord shaftsbury was , he thinks , a matter of a fortnight before that day , or something more ; for he thinks it was concluded sunday fortnight after my lord grey met . the mention of my lord russel's consent to this rising , comes in at the last , and after many questions ask'd him , and not till that very particular question was put to him , and he answers in the very same words as the question was ask'd . the chief justice ask'd him in these words , did my lord give any consent to the rising ? the colonel's answer was yes my lord he did . but how did my lord russel signifie that consent ? what words did he use that may clearly express it ? for this is the pinching proof if it had been certain and clear'd by remembring the manner of his consenting , or how it did appear . why was not this put home to the witness ? this is the material part of his evidence , without which the rest had not come home to the prisoner : and why did not the witness deliver this of himself , and before his giving this home evidence he had said , that was all at that time that he remember'd : and this was at the same time with that of the message , and of the discourse about viewing the guards . he afterwards doubts whether he was any more then once there with that company , or whether he heard mr. ferguson report things to the lord shaftsbury , which shews a wild kind of memory in a witness , and the colonel is no fool , nor baby ; so that there is but one time positively spoken of by this witness . how strangely uncertain is he in the matter of the declaration , to which he was examined ? a most noted thing , and he cannot tell whether he heard any thing of it there , or whether mr. ferguson told him of it . it is to to be suspected too , that what he has deliver'd positively at last so late in his evidence , and after so much interrogating of him , was but meer hearsay too , and then it would not have been any evidence . he has not it seems a good distinguishing head or memory , as a witness ought to have in case of life , and a life of so high a value as this of that noble lord. and many other material passages this witness delivers under that limitation as ( he thinkes ) . the rising was intended , but never took effect ; and the view was no more then appointed and undertaken ; but the seizing of the guards , as this witness says , was not to be unlesss the rising had gone on ; which it never did . he speaks nothing of any view made of the guards , or any report upon it : but he swears my lord russel consented to the rising . that is his stabbing evidence ; but by what words , or how he signified his consent , not a word , tho' mighty material . but what is this conspiracy for a rising ? and a conspiracy to seize the guards ? ( in case the rising had gone on : ) what are these to the crime charged in the indictment against the lord russel for conspiring the death of the king ? here is not a word of any such matter , nor of seizing the guards in order to it , no not one word . and that is the only material part of the indictment ( as shall appear more plainly hereafter . ) the second witness , mr. sheppard , mentions the meeting ( at his house ) of the duke of monmouth , and among the rest , the lord russel , and they discours'd of surprizing the guards , and that the duke , the lord grey , and sir thomas armstrong , ( as he remembers ) went one night to view the guards , and the next day at his house they said it was very feasible , if they had strength to do it . and then he says there was two meetings there , and , as he remembers , my lord russel was both times there . being ask'd by the attorney-general , besides the seizing of the guards , if there were any discourse of a rising . he answers , he did not remember any further discourse ; for he was often gone out of the room . and this is the effect of that he says . if any thing of this comes near my lord russel , it is those words , first giving an account of who they were that were met , and that my lord russel was one of them , he says the substance of their discourse was how to surprize the king's guards . this may be true , if one or two of the company only discourses it ; for it does not necessarily affirm that every one did speak in that discourse . he does not mention one word spoken by my lord russel , nor that he approv'd of , or consented to any thing . at the worst , for any thing that he says , it can be but misprision : he can say nothing as to the intended rising . now colonel romsey's evidence is altogether of that rising , and the seizing of the guards , was to have been if the rising had gone on ; and this was at the same time that mr. sheppard speaks to , and yet mr. sheppard being ask'd if there was any discourse of a rising , he answers , he did not remember any further discourse . nor does colonel romsey certainly remember any thing of a declaration read amongst them , whether he heard it there , or whether by mr. ferguson's report of it to my lord shaftsbury , which is one of the principal things that mr. sheppard speaks to , ( besides that of seizing the guards . ) and as to the declaration , mr. sheppard says , he cannot say my lord russel was there when that declaration was read . so they agree in nothing but in the discourse of seizing the guards , and that my lord russel was then present . so that as yet the sum of the proof by colonel romsey is that my lord russel consented to the rising , which is too general , and the sum of the proof by mr. sheppard is that my lord russel was present in company when the company discours'd of seizing the guards , but he knows nothing of the rising . the third witness ( the lord howard ) discourses much about a conspiracy to rise , but he speaks most ( of what he says ) by report from the earl of saftesbury , and from the duke , so it goes for no evidence against my lord russel , and the chief justice did the prisoner that right , as to declare as much to the jury ; and the lord howard cleares the duke from any such horrid act as the killing the king ; the duke said he would not suffer it ; and if the duke be innocent in that , it is probable that my lord russel and the rest of the company that met had no discourse about killing the king , nor any thought that way , which yet is the great and only substantial charge of this indictment , which must still be minded and observed . my lord howard does indeed prove two several consults , one at mr. hambden the youngers , the other at my lord russel's about the middle of ianuary last , and after , and that my lord russel was at both , and these consults were of an insurrection , and where to begin it , and of providing arms , and money , and of sending into scotland to settle an understanding with the lord of argile ; and being asked what my lord did say , he answers thus , viz. every one ( says he ) knows my lord russel is a person of great iudgment , and not very lavish in discourse . but did he consent ? was a question ask'd by sir george iefferies , the lord howard answered , we did not put it to the vote , but it went without contradiction , and i took it that all there gave their consent , that my lord russel joyn'd in the chusing a councel of six , that he approv'd of his being chosen for one , that he said one word in these two consults , there is not any proof by the lord howard , only he says , he took it that all there consented . is that enough ? oh strange evidence ! i will not here take notice , or examine how far the lord howard is a credible witness in this case , but rfer the reader to the testimony of my lord of anglesey , mr. howard , and dr. burnet : or how far any of the three witnesses are to be believ'd , having all three upon their own testimony been participes criminis , and it is suppos'd have their pardons , or are promis'd pardons : not that this is offer'd to disable them quite from being witnesses , but surely all things consider'd it much lessens their credit in this case ; nor does it make them the more credible because no other witnesses can be had : but then consider that most excellent character given of the prisoner by persons of honour , and of the highest esteem for ability and integrity , and such as contradicts and is inconsistent with the charge of the indictment , and whatever is of weight in the evidence against him , and especially if you give any credit to the lord howard himself , who upon his oath does declare , as in the presence of god and man , that he did not believe that either the duke of monmouth , or my lord russel had any design to murder the king ; which is the only effectual charge of this indictment . these things considered , it seems very strange to me how the lord russel could be found guilty of a compassing and imagining the death of the king ; for so is the verdict . this answers most of the observations made by the author of the antidote upon my lord russel's speech , restraining the expression , as he says , of his innocency to the design upon the king's life , and to killing of the king , and of his omitting to mention the general rising : which as this author boldly affirms , was fully proved upon him ; and that my lord's professions of his innocency , as to any plot upon the king's life , or to kill the king , or his knowing any thing thereof , these ( says the author ) are no plain declarations of his innocency , as to the crime charged and proved upon him , of conspiring and consulting to raise an insurrection . nor was there any need of my lord 's answering that , for it was little material . how uncertain , how dis-agreeing , how unapplicable to the charge of the indictment those proofs are , has been fully observ'd already ; and the author grosly mistakes in his judgment , when he takes the conspiring and consulting to raise an insurrection , to be the crime charged in the indictment ; for ( as was observ'd before ) the charge of the indictment is , the compassing and imagining to kill the king ; and that of a conspiracy to raise an insurrection , or to levy war , is none of the crimes or treasons enumerated or specified in the act of e. . and therefore could not be the crime charged in the indictment , which is grounded only upon that act of e. . ( as the attorney-general acknowledges ) for it is an actual levying of war , and not a conspiring only to levy war , or raise an insurrection , that is the treason specified in that act of e. . and therefore the mention of other things are but by way of aggravation for the more ample setting forth of the crime charged , which is of compassing the king's death , and that the conspiring to make an insurrection , cannot be an open deed to prove a compassing the king's death , has been already spoken to , and shall be yet more fully . nor is the author more mistaken in his observations upon the matter of fact , and his unwarranted conclusions and inferences raised from thence , then he is in his determinations of matters in law arising from that fact. the death of the king ( says the author ) in that law of e. . is not restrained to killing of his natural person , but extends as well to his civil death as natural : as to conspire to depose the king , to imprison him , or laying any force or restraint upon him ; these ( says the author ) are all high-treason , for compassing his death , natural or civil . if so , why then we are at never the more certainty for this excellent law of e. . i agree , that conspiring to depose the king , to imprison him , are treasons ; but it is not so plain that they are treasons within this law of e. . upon which this indictment is grounded . it is true they are made treason by the late act of of the now king , and have by several temporary acts ( such as this of car. . is ) been made treason : but this proves that they were not judged by those parliaments , that pass'd those temporary acts , to be treasons within the statute of e. . for why then were these temporary acts made ? what need was there of them ? sir edward coke inst. fol. . in the last paragraph but one , of that fol. says , a conspiracy to levy war , is no treason ; he means within the act of e. . but it has been made treason since sir coke's time , viz. by car. . and let it be remembred , that the great end of making this excellent law of e. . ( as appears by the preamble ) was to avoid uncertainty , and variety of opinions , and to prevent the arbitrariness of judges , in the ordinary courts ; and the act takes care , that doubtful cases , such as are not plainly within the enumeration of the act , are to be reserv'd for the judgment of the king and parliament . and herein consists the excellency of this law : quoad fieri possit , quam plurima legibus ipsis defineantur : quam paucissima ' iudicis arbitrio relinquantur . and as the learned lord bacon in his advancement of learning , fol. . says , that is the best law , which gives least liberty to the judge ; he the best judge that takes least liberty to himself : misera est servitus ubi jus est vagum . and this law is a declaration of law , and therefore ought not to be extended to like cases in the construction of it : and it is made in the punishment of the greatest offences , and is as penal as a law can be ; and therefore ought not to be expounded by equity , that is , to be extended to like cases . it is true , the opinion of the judges hath been , that conspiring to depose or imprison the king , is a compassing or imagining the death of the king. and if a man declares by overt-act , that he will depose or imprison the king ; this , says sir edward coke , iust. fol. . upon the word ( mort ) is a sufficient overt-act , for the intent of killing the king : mind him well , he does not say that conspiring to depose or to imprison the king , is an overt-act , to prove the conspiring the king's death ; which is the opinion the antidoter maintains , and for which he cites all his cases afterwards cited . but sir e. coke says , that conspiring to depose or imprison the king , being declar'd by overt-act , this overt-act is also a sufficient overt-act for the intent of killing the king. it is one thing to conspire to depose the king. and another thing to declare , that conspiring by some open act : they differ as much as thinking does from acting . now in this case of the lord russel , the author of this antidote , and some others ( as appears by the printed tryals ) would have us believe that very conspiring to levy war , is an overt-act to prove the compassing and imagining the king's death : for which there is not the least ground from sir edward coke . first they are different species , as sir edward coke observes in his third institutes , fol. . the third paragraph ; and therefore ( says he ) the one of them cannot be an overt-act for another . that is , conspiring to levy war , nay the actual levying of war too , is one species of treason , cannot be an overt-act for the compassing the death of the king , which is another species of treason . but this is that the antidoter labours ; only says sir edward coke , the overt-act of the one , may be an overt-act for another sort or species of treason . and i agree it , if the overt-act in the one sort of treason , may as fitly , and as properly in its own nature , and as equally be also an overt-act in the other sort , and had a tendency to the execution , of that other sort ; and it also does appear by the proofs , to be so intended by the conspirators : as for example , actual seizing of the king's guards ( not a conspiring to seize the king's guards , and such guards as are not plainly set forth in the indictment what they are ) may in its nature be an overt-act , to make manifest the compassing of the king's death , and is an act proper enough , and has in its nature a tendency towards the execution of the conspiracy to kill the king ; but then it must be proved to be so intended and designed ; that is , in order to the killing of the king ; but if it appear otherwise upon the proof ( as here it did ) that it was not so intended , but design'd meerly in order to a rebellion , and levying of war ( for which also it is as apt , and proper in its nature , and has as great a tendency that way ) . then it cannot be applied nor made use of as an overt-act , to prove the compassing the king's death ( as in this case of my lord russel's it was ) . for this , ( as sir edward coke well says , fol. . the latter part of the third paragraph of that fol. ) would be to confound the several classes or species of treason ; and the confusion of species is abominable in nature . and where sir edward coke seems to comply with the opinion and practice of some judges , that the overt-act of deposing may be a good overt-act of killing ( which with the distinction that i have offered , is just enough ) yet he has some hesitation ; for he concludes that opinion of his with these words , fol. . in his third instit. upon the word ( mort ) but ( says he ) peruse advisedly the statutes of eliz. cap. . and why those statutes ? because by those statutes conspiring to depose the queen are made treasons ; which needed not ( as has been observ'd already ) if they were treason , within that clause of compassing the king's death , within the statute of e. . the like may be observ'd in many other such temporary laws , as that of h. . cap. . h. . c. . h. . c. . e. . cap. . & . & . edw. . cap. . and it is worthy observation , tho' by way of a short digression , that in many , if not in every one of these temporary laws of treason , there is an express clause and provision still , that concealment , or keeping secret of any high-treason , should be adjudged misprision of treason : as if there were great need of that caution , least the judges might judge concealing of treason , for high-treason . now to shew the tenderness that the judges heretofore shewed in the expounding of this statute of treasons , of e. . and how cautious they were in extending it beyond the strict sence and letter of the statute : read , the case in mich. . hen. . fol. . case . a man was indicted in the king's-bench of petty-treason ( which is declared too by the same statute of e. . c. . ) for killing his mistress , whom he serv'd : and because the words of this statute of e. . declares it petty-treason where the servant kills the master , they were in doubt whether it ought to be extended to the mistress or not : and there the judges of the king's-bench ( before whom the case was ) sent to the judges of the court of common-pleas , then sitting , and to the serjeants there , to know their opinion of the case : and by advice of all the judges of both courts , it was adjudged petty-treason for the servant to kill the mistress , not only within the meaning , but within the very words of that statute , for master and mistress are in effect but one and the same word , they differing only in gender . sir edward coke says , instit. fol. , & . the judges shall not judge a simili , or by equity , by argument , or by inference of any treason , but new , or like cases , were to have been rferred to the determination of the next parliament : vbi terminatae sunt dubitationes iudiciorum : says bracton . let us in the next place examine the authorities in law , and book-cases , cited by this author of the antidote , and see how far they make good his opinion , that meeting and consulting to make an insurrection against the king , or raise a rebellion ( which is the same with levying war , within the words of e. . ) tho' the rebellion be not actually raised , is high-treason , within this law of e. . for so he proposes the question , fol. . of his book , and if he does not confine his argument to that statute , he says nothing to the lord russel's case . to prove that meeting and consulting to make an insurrection against the king , or raise a rebellion within the kingdom ( tho' the rebellion is not actually raised ) is high treason within the statute of edw. . cap. . ( which put all together , is the position the antidoter maintains . ) he cites the case of constable , mentioned in calvins case , sir edward cokes th rep. fol. . b. and thence infers , that whatsoever tended to the deposing of queen mary , was adjudged treason for compassing her death . and this no man denies , and it agrees with the judgment of sir edward coke , in his chapter of treason , fol. . upon the word ( mort ) where he says , he that declareth by overt act to depose the king , does an overt act of compassing and imagining the death of the king , and so says sir mathew hales pleas of the crown , fol. . towards the latter end . but what is this to the point in hand , which meerly concerns a meeting , and consulting to make an insurrection , or raising a rebellion , which is the same thing with conspiring to levy war ? conspiring to depose the king , and conspiring to leavy war are different things . as conspiring to leavy war , is clearly held to be a distinct treason from conspiring the death of the king ; and therefore the former of these ( as hath been before observed ) cannot by law be an overt act of the latter , as appears by the said treatise of the pleas of the crown , fol. . towards the latter end . nor was conspiring to leavy war without an actual levying of it , any treason within the statute of edw. . upon which statute onely the indictment of the lord russel is grounded , as is acknowledged by the atturney general ; and therefore to supply that defect , the statute of car. . does expresly make it to be treason , but the lord russel was not indicted upon that statute of car. . and for this reason he ought to have been acquitted upon this indictment , grounded onely upon the statute of e. . and if practising with a foreign prince to make an invasion , ( when no invasion followed , as the case of doctor story was ) dier . be all one with conspiring to levy war , when indeed no war is raised . it is out of all dispute , that such practising and such conspiring cannot be treason within the statute of e. . tho' it be treason within the statute of car. . in the case of the lord cobham , iacobi , there was more in the case then conspiring to make an insurrection , ( which is all that the author of the antidote takes notice of ) there was also an actual rebellion raised , as appears by the said little treatise , styled the pleas of the crown , fol. . for the people were there assembled to take the king into their power , as that book puts the case of the lord cobham . and so it is in the case of the lord grey , for there they not only conspired to make an insurrection , but further to seize the king , and get him into their power ; which is a direct conspiring against his person , which naturally tends to the destruction of his person , and is the same with conspiring his death , as hath been usually expounded : but 't is otherwise meerly to conspire to make an insurrection , which can be no more than conspiring to levy war. the case of sir henry vane and plunket , had many other ingredients to mount them up to treason , which difference them from my lord russels case . as to the point of misprision of treason , with which the author of the antidote concludes , i have fully declared my opinion already , in the former part of this discourse , and i think plainly evinced , that though the noble lord might be present , while others might between themselves privately debate matters , and conclude upon them , yet it did not clearly appear by any proofs that this noble lord ever gave the least consent to what was so concluded , without which consent it could not amount to treason , but at the most be a misprision onely . nor must any mans life be taken from him , upon presumptions or probable arguments , but by plain , direct , and manifest down-right proofs . but a more strong , and indeed a violent presumption lay quite the other way , that this noble , prudent , and pious lord , could never be guilty of such a crime , as to conspire the death of king charles the second ; it was extreamly against his interest so to do , for the life of that king , so long as it continued , by the blessing of god was the great security , both he and all good protestants had against the greater danger that might happen by the change arising by the death of that king , of loosing our religion , and all our civil and religious rights , as the experience we have lately had , hath sadly taught us . and if any thing were consulted between this excellent lord , and those with whom he met , as is more than probable , it was how to secure themselves against those dangers they saw so near approaching , if the life of king charles the second should fail , there was so great a cause to fear them , considering who was like to succeed in the throne . finis . to the right honourable the lords and commons in parliament assembled. the humble petition of divers well-affected magistrates, ministers, citizens, and other inhabitants in the city of london, and parts adjacent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honourable the lords and commons in parliament assembled. the humble petition of divers well-affected magistrates, ministers, citizens, and other inhabitants in the city of london, and parts adjacent. england and wales. parliament. sheet ([ ] p.) s.n., [london : ] imprint from wing. annotations on thomason copy: "july . ."; "made by mr nie, for ye independents, in opposition to what ye common counsell, and commanders had offered ye parliament, [illegilbe] (and called ye cross-petition)". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no to the right honourable the lords and commons in parliament assembled. the humble petition of divers well-affected magistrates, ministers, c england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable the lords and commons in parliament assembled . the humble petition of divers well-affected magistrates , ministers , citizens , and other inhabitants in the city of london , and parts adjacent . sheweth , that we cannot but take notice of the many obstructions you have met withall , whilst with indefatigable care and diligence , you have been earnestly labouring and endeavouring the deliverance of the people of this kingdome , from those many and great invasions made , and much more intended upon our religious and civill liberties , had not your hands assisted , by the almighty god interposed ; for which we cannot but render all humble and hearty thankes . and now finding the same evill spirit reviving and working much more strongly and effectually , though much more closely and cunningly , under specious pretences , attempting that by subtilty , which they through the goodnesse of our god could not obtaine by power ; using such things as an occasion and meanes to divide , which at first were ordained for the uniting of all the godly and honest people of the three kingdomes , upon safe and just principles , viz. the protestation of may , . the vow of june , . and the solemne league and covenant in febr. . and other your severall votes and declarations to the same effect , 〈◊〉 although your petitioners doe most heartily desire a right understanding , and happy reconcilement of all differences between the king and parliament ; yet is it far from the thoughts of the petitioners , and they hope of any other , that have lately out of good affection , petitioned for a personall treaty , to make use of the tumults , commotions , revolts of castles and ships , thereby engaging the kingdome in a new warre ; or of any other difficulties the parliament hath been , or may be exposed unto , to precipitate their councels , or to destroy their forces that now are , or hereafter shall be raised , being ( as the petitioners humbly conceive ) contrary to their said protestation , vow , and covenant : as it is also to necessitate the parliament to a treaty , untill such satisfaction and security be first given , as may attaine the ends of our former engagements . your petitioners therefore humbly pray , that you will adhere to the said protestations , vow ; & covenant , and to the constant tenor of all your former declarations , and not recede from those first and just principles , viz. the safety of your selves , and all that have and shall adhere to you , and the reformation and preservation of religion , and the maintenance and defence of our lawes , and liberties , which you have openly held forth to all the world ; and by which you have engaged all the honest well-affected people of the three kingdomes to serve you with their lives and estates ; left you betray your selves and them to the mercilesse cruelties of those that seek your and their destruction , and draw the blood of many innocent persons upon you and yours . for prevention whereof , your petitioners further humbly desire , you will faithfully persevere in the due prosecution of your said just undertakings and engagements ; and that such a course by your wisdomes may be taken , for security and satisfaction to be given as aforesaid , that neither his majestie , nor any other may have occasion or opportunity of renewing the old , or raising a new war . and in so doing , that god who hath hitherto owned you and your cause , will assuredly doe so still ; and we your petitioners with many thousands more , as formerly , so are still ready in pursuance of the said protestation , vow , and covenant , with their lives and estates , to adventure all with you and your forces in this common cause against all opposition . and your petitioners shall ever pray , &c. sir john evelyn his report from the committee appointed to consider of the printing of the lord digbyes speech concerning the bill of attainder of the earl of strafford whereunto is added the order for the burning of the said speech. evelyn, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) sir john evelyn his report from the committee appointed to consider of the printing of the lord digbyes speech concerning the bill of attainder of the earl of strafford whereunto is added the order for the burning of the said speech. evelyn, john, sir, - . p. s.n.] [london? : . reproduction of original in thomason collection, british library. eng bristol, george digby, -- earl of, - . -- lord digbies speech in the house of commons, to the bill of attainder. strafford, thomas wentworth, -- earl of, - . england and wales. -- parliament. -- house of commons. a r (wing e ). civilwar no sir john evelyn his report from the committee, appointed to consider of the printing of the lord digbyes speech concerning the bill of attai evelyn, john, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - kirk davis sampled and proofread - kirk davis text and markup reviewed and edited - pfs batch review (qc) and xml conversion sir iohn evelyn his report from the committee , appointed to consider of the printing of the lord digbyes speech concerning the bill of attainder of the earl of strafford . whereunto is added the order for the burning of the said speech . printed , anno . die martis . . iulij . . resolved upon the question . that the matter of my lord digbyes speech shall be first taken into consideration . resolved , &c. that the lord digbyes speech spoken at the passing of the bill of attainder of the earl of strafford , containeth in it matters untrue , and scandalous , as they have referrence to the proceedings of the committees of the lords house , and to the committes of this house , and to the evidence of the witnesses produced in that cause . resolved , &c. that the publishing of that speech by the lord digby , after a vote past in this house , upon the said bill , and offence taken to it , and the same questioned in the house , is scandalous to the proceeding of this house , and a crime . resolved , &c. that the publishing and printing of the speech spoke by the lord digby , at the passing the bill of attainder of the earl of strafford , is scandalous to the proceeding of his majesty , and both houses of parliament . resolved , &c. that sir lewis dive , and iohn moore , are both delinquents in the publishing , and printing of the said speech of the lord digbyes . resolved , &c. that thomas purslow , the printer of the said speech is a delinquent in printing of it . resolved , &c. that this book thus printed , deserveth the brand of this house , and shall be burnt publikely by the hands of the common hangman . resolved , &c. that those books shall be burnt on friday next , some in the new pallace at westminster , some in cheap-side , and some in smithfield . and order to this purpose are to be sent to the bail●ff of westminster , the sheriffs of london , and m●ddl●sex , respectively to see them burnt accordingly , and the stationers , and all others are required to bring in the books , that they m●y be all burnt . resolved , &c. that a committee shall be appointed to prepare these votes that concern the lord 〈◊〉 , to be transmitted to the lords , and to present them so prepared , to this house . die martis th . julij , . whereas on the one and twentieth of aprill last past , there was a speech spoken in the house of commons , at the passing of the bill of attainder , against thomas earle of strafford , by the lord digby , then a member of the said house : the which speech contained in it matters untrue , and scandalous , as they have reference to the proceedings of the committees of the lords house , and this , and to the evidence of the witnesses produced in that cause . and wheras the said speech was published by the lord digby , after that the said bill of attainder was past by vote in this house ; and after that , great offence was taken to the said speech , and the same questioned in this house , to the scandall of the proceedings in this house ; and is since come forth in print , to the scandall of the proceedings of his majestie and both houses of parliament . it is therefore this day ordered by the said house that all the sayd books so printed , shall be publikely burnt on friday next at ten of the clock in the morning ; part of them in the new pallace yard at we●●minster , and the other part of them in chea●side , and the rest in 〈◊〉 , by the hands of the common hangman . and to this purpose the bailiffs of westminster , the sheriffes of london and middlesex , respectively are hereby required , to be assistant to the effectuall execution of this order , and see the sayd books burnt accordingly . and it is also ordered by the said house , that the master and wardens of the company of stationers do their uttermost endeavours to collect all the said books into their hands , remaining now dispersed amongst their companie , or with others , and forthwith deliver them to one of the sheriffs of london to be burnt , according to this order . and all others who have any of the said books in their hands , are hereby required forthwith to deliver them to one of the sheriffs of london , or bailiff of westminster ( as they will undergo the displeasure of this house in doing the contrary ) for to be burnt according to this order . h. elsyng cler. dominus com. finis . by the king and queen, a proclamation declaring their majesties pleasure for continuing the seamen belonging to their first, second and third rate ships in their service during this winter, and for payment of their wages before the fleet shall set sail for the next summers expedition. england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation declaring their majesties pleasure for continuing the seamen belonging to their first, second and third rate ships in their service during this winter, and for payment of their wages before the fleet shall set sail for the next summers expedition. england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb decease'd ..., london : . "given at our court at whitehall the fourteenth day of october, . in the fourth year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history, naval -- stuarts, - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion wrr honi soit qvi mal y pense diev et mon droit by the king and queen , a proclamation , declaring their majesties pleasure for continuing the seamen belonging to their first , second and third rate ships in their service during this winter , and for payment of their wages before the fleet shall set sail for the next summers expedition . marie r. whereas , we have thought it necessary for our service and the good of our kingdoms , that the seamen belonging to our first , second and third rate ships , should be continued in our service and pay during the whole winter ensuing , that our fleét may be in a readiness early the next year : and whereas for the encouragement of our said seamen , we have thought sit , and accordingly given directions to our commissioners for executing the office of lord high admiral of england , that upon any of our said ships coming in to be resitted , which are not intended to be kept abroad in the winter , half the company belonging to each ship , who shall desire it , and have served longest in the ship , according to their entry on the book , shall have leave given them to be absent upon their own private affairs till the twentieth of december next , and the other half of the said company belonging to each ship , shall likewise have leave to be absent from the said twentieth of december to the first of february following , so as that the whole company may be on board again by the first day of february next . we have therefore thought sit , to the end that none of our said seamen may pretend ignorance of our royal pleasure herein , by the advice of our privy council , to issue this our royal proclamation , and to declare our royal will and pleasure to be , and we do hereby strictly charge and command all our officers , seamen and others belonging to any of our first , second or third rate ships , that they or either of them do not presume at any time to be absent from their respective ships without leave . and we do hereby strictly charge and conmand all our said seamen , who shall have leave , for such time as is herein before mentioned , to be absent from their service , that they and every of them return to their respective ships at the several times appointed them , upon pain of incurring our highest displeasure . and we do hereby further declare our royal will and pleasure to be , that if any of our said officers or seamen shall absent him or themselves from their ships without leave , or having leave to absent themselves , shall not return to their respective ships at the several times appointed them , that every one of them so offending shall irrecoverably lose their wages for all the time of their service , and suffer such punishment as may be inflicted on them , according to the utmost rigour of the law. and we do hereby further promise and declare , that our seamen , who shall continue in our service according to our royal pleasure signified in this our proclamation , shall be paid their wages to michaelmas , . before our fleet shall set fail for next summers expedition . given at our court at whitehall , the fourteenth day of october , . in the fourth year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the king and queens most excellent majesties . . the pre-eminance and pedigree of parlement whereunto is added a vindication of some passages reflecting upon the author in a book call'd the popish royall favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements and a malignant, pag. : with a clearing of som occurences in spain at his majesties being there, cited by the said master prynne out of the vocal forest / by j.h., esq., one of the clerks of his maiesties most honourable privy-councel. howell, james, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the pre-eminance and pedigree of parlement whereunto is added a vindication of some passages reflecting upon the author in a book call'd the popish royall favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements and a malignant, pag. : with a clearing of som occurences in spain at his majesties being there, cited by the said master prynne out of the vocal forest / by j.h., esq., one of the clerks of his maiesties most honourable privy-councel. howell, james, ?- . prynne, william, - . popish royall favourite. p. : port. printed by w.w. for humphrey moseley, london : . also appears as part of dendrologia (wing h ) at reel : . reproduction of original in the harvard university library. eng england and wales. -- parliament. great britain -- history -- charles i, - -- biography. a r (wing h ). civilwar no the pre-eminence and pedigree of parlement whereunto is added a vindication of some passages reflecting upon the author in a book call'd the howell, james c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo and john latta sampled and proofread - mona logarbo and john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion natus maij . ano . aetatis suae . the pre-eminence and pedigree of parlement . wherunto is added a vindication of some passages reflecting upon the author , in a booke call'd the popish royall favorite , pen'd and published by mr. prynne ; wherein he stiles him , no frend to parlements , and a malignant , pag. . with a clearing of som occurrences in spain at his maiesties being there , cited by the said master prynne out of the vocal forest . by j. h. esq one of the clerks of his maiesties most honorable privy-councel . published by speciall order . london printed by w. w. for humphrey moseley , . to my worthily honored frend , sir w. s. knight . sir , i have many thanks to give you for the book you pleased to send me , called the popish royall favorite ; and according to your advice ( which i value in a high degree ) i put pen to paper , and some thing you may see i have don ( though in a poor pamphleting way ) to clear my self of those aspersions that are cast upon me therin . but truly sir , i was never so unfit for such a task ; al my papers , manuscripts , and notes , having been long since seized upon and kept from me . add hereunto , that besides this long pressure and languishment of twenty three moneths close restraint ( the sense whereof , i find hath much stupified my spirits ) it pleased god to visit me lately with a dangerous fit of sicknes , a high burning fever , with the new disease , wherof my body as well as my mind , is yet somwhat crazy : so that ( take all afflictions together ) i may truly say , i have passed the ordeal , the fiery tryal . but it hath pleased god to reprieve me to see better days i hope ; for out of this fatal black cloud , which now oresets this poor island , i hope ther will break a glorious sun-shine of peace and firm happines : to effect which , had i a jury , a grand-jury of lives , i would sacrifice them all , and triumph in the oblation . so i most affectionately kisse your hands , and rest from the prison of the fleet . your faithful ( though afflicted ) servant , j. h. the pre-eminence of parlement . sectio prima . i am a free-born subject of the realm of england ; wherby i claim as my native inheritance , an undoubted right , propriety , and portion in the laws of the land : and this distinguisheth me from a slave . i claim also an interest and common right in the high national court of parlement , and in the power , the priviledges and jurisdiction therof , which i put in equal ballance with the laws , in regard it is the fountain whence they spring : and this i hold also to be a principal part of my birth-right ; which great councel i honour , respect , value , and love in as high a degree as can be ; as being the bulwark of our liberties , the main boundary and bank which keep us from slavery , from the inundations of tyrannical rule , and unbounded wil-government . and i hold my self obliged in a tye of indispensable obedience to conform and submit my self to whatsoever shall be transacted , concluded , and constituted by its authority in church or state ; whether it be by making , enlarging , altering , diminishing , disanulling , repealing , or reviving of any law , statute , act , or ordinance whatsoever , either touching matters ecclesiasticall , civil , common , capital , criminal , martial , maritine , municipal , or any other ; of all which , the transcendent and uncontrolable jurisdiction of that court is capable to take cognizance . amongst the three things which the athenian captain thank'd the gods for , one was , that he was born a grecian , and not a barbarian . for such was the vanity of the greeks , and after them of the romans , in the flourish of their monarchy , to arrogate all civility to themselves , and to term all the world besides barbarians : so i may say to have cause to rejoyce , that i was born a vassall to the crown of england ; that i was born under so well moulded and tempered a government , which indows the subject with such liberties and infranchisements that bear up his natural courage , and keep him still in heart ; such liberties that fence and secure him eternally from the gripes and tallons of tyranny : and all this may be imputed to the authority and wisdom of this high court of parlement , wherin ther is such a rare co ordination of power ( though the soverainty remaine still entire , and untransferable in the person of the prince ) ther is , i say , such a wholsom mixture 'twixt monarchy , optimacy , and democracy ; 'twixt prince , peers , and communalty , during the time of consultation , that of so many distinct parts , by a rare co-operation and unanimity , they make but one body politic , ( like that sheaf of arrows in the emblem ) one entire concentrical peece ; and the results of their deliberations , but as so many harmonious diapasons arising from different strings . and what greater immunity and happines can ther be to a people , than to be liable to no laws but what they make themselves ? to be subject to no contribution , assessement , or any pecuniary levy whatsoever , but what they vote , and voluntarily yeeld unto themselves ? for in this compacted politic body , ther be all degrees of people represented ; both the mechanick , tradesman , merchant , and yeoman , have their inclusive vote , as well as the gentry , in the persons of their trustees , their knights and burgesses , in passing of all things . nor is this soverain surintendent councell an epitome of this kingdom onely , but it may be said to have a representation of the whole universe ; as i heard a fluent well-worded knight deliver the last parlement , who compared the beautifull composure of that high court , to the great vvorke of god , the world it self : the king to the sun , the nobles to the fixed stars , the itinerant judges and other officers ( that go upon messages ' twixt both houses ) to the panets ; the clergy to the element of fire ; the commons , to the solid body of earth , and the rest of the elements . and to pursue this comparison a little farther ; as the heavenly bodies , when three of them meet in conjunction , do use to produce som admirable effects in the elementary world : so when these three states convene and assemble in one solemn great junto , some notable and extraordinary things are brought forth , tending to the welfare of the whole kingdom , our microcosm . he that is never so little versed in the annales of this isle , will find that it hath bin her fate to be sour times conquered . i exclude the scot ; for the situation of his countrey , and the quality of the clime hath bin such an advantage and security to him , that neither the roman eagles would fly thither , for fear of freezing their wings ; nor any other nation attempt the work . these so many conquests must needs bring with them many tumblings and tossings , many disturbances and changes in government ; yet i have observed , that notwithstanding these tumblings , it retained still the form of a monarchy , and somthing ther was alwaies that had an analogy with the great assembly the parlement . the first conquest i find was made by claudius caesar ; at which time ( as som well observe ) the roman ensigns and the standard of christ came in together . it is well known what laws the roman had ; he had his comitia , which bore a resemblance with our convention in parlement ; the place of their meetings was called praetorium , and the laws which they enacted , plebiscita . the saxon conquest succeeded next , which were the english , ther being no name in welsh or irish for an englishman , but saxon , to this day . they governed by parlement , though it were under other names ; as michel sinoth , michel gemote , and witenage mote . ther are records above a thousand yeers old , of these parlements , in the raigns of king ina , offa , ethelbert , and the rest of the seven kings during the heptarchy . the british kings also , who retain'd a great while som part of the isle unconquered , governed and made laws by a kind of parlementary way ; witness the famous laws of prince howel , called howel dha , ( the good prince howel ) wherof ther are yet extant som welsh records . parlements were also used after the heptarchy by king kenulphus , alphred , and others ; witness that renowned parlement held at grately by king athelstan . the third conquest was by the danes , and they govern'd also by such general assemblies , ( as they do to this day ) witness that great and so much celebrated parlement held by that mighty monarch canutus , who was king of england , denmark , norway , and other regions yeers before the compiling of magna charta ; and this the learned in the laws do hold to be one of the specialest , and most authentic peeces of antiquity we have extant . edward the confessor made all his laws thus , ( and he was a great legis-lator ) which the norman conquerour ( who liking none of his sons , made god almighty his heir , bequeathing unto him this island for a legacy ) did ratifie and establish , and digested them into one entire methodical systeme , which being violated by rufus , ( who came to such a disastrous end , as to be shot to death in lieu of a buck for his sacriledges ) were restor'd by henry the first , and so they continued in force till king john , whose raign is renowned for first confirming magna charta , the foundation of our liberties ever since : which may be compar'd to divers outlandish graffs set upon one english stock , or to a posie of sundry fragrant flowers ; for the choisest of the british , the roman , saxon , danish , and norman laws , being cull'd and pick'd out , and gathered as it were into one bundle , out of them the foresaid grand charter was extracted : and the establishment of this great charter was the work of a parlement . nor are the laws of this island onely , and the freedom of the subject conserved by parlement , but al the best policed countryes of europ have the like . the germanes have their diets , the danes and swedes the riicks dachs ; the spaniard calls his parlement las cortes , and the french have ( or should have at least ) their assembly of three states , though it be grown now in a manner obsolete , because the authority therof was ( by accident ) devolv'd to the king and very remarkable it is , how this hapned ; forwhen the english had taken such large sooting in most parts of france , having advanced as far as orleans , and driven their then king charls the seventh to bourges in berry : the assembly of the three states in these pressures , being not able to meet after the usual manner in full parlement , because the country was unpassable the enemy having made such firm invasions up and down through the very bowels of the kingdom ; that power which formerly was inherent in the parlementary assembly , of making laws , of assessing the subject with taxes , subsidiary levies , and other impositions , was transmitted to the king during the vvar ; which continuing many yeers , that intrusted power by length of time grew as it were habitual in him , and could never after be re-assumed and taken from him ; so that ever since , his edicts countervail acts of parlement . and that which made the busines more seasable for the king , was , that the burthen fell most upon the communalty ( the clergy and nobility not feeling the weight of it ) who were willing to see the peasan pull'd down a little , because not many yeers before in that notable rebellion , call'd la iaquerie de beauvoisin , which was suppressed by charls the wise , the common people put themselves boldly in arms against the nobility and gentry , to lessen their power . add hereunto as an advantage to the work , that the next succeeding king lewis the eleventh , was a close cunning prince , and could well tell how to play his game , and draw water to his owne mill ; for amongst all the rest , he was said to be the first that put the kings of france , hors de page , out of their minority , or from being pages any more , though therby he brought the poor peasans to be worse than lacquays . vvith the fall , or at least the discontinuance , of that usuall parlementary assembly of the three states , the liberty of the french nation utterly fell ; the poor roturier and vineyard-man , with the rest of the yeomanry , being reduced ever since to such an abject asinin condition , that they serve but as sponges for the king to squeeze when he list . nevertheles , as that king hath an advantage hereby one way , to monarchize more absolutely , and never to want money , but to ballast his purse when he will : so ther is another mighty inconvenience ariseth to him and his whole kingdom another way ; for this illegal peeling of the poor peasan hath so dejected him , and cowed his native courage so much by the sense of poverty ( which brings along with it a narrownes of soul ) that he is little useful for the vvar : which puts the french king to make other nations mercenary to him , to fill up his infantry : insomuch , that the kingdom of france may be not unfitly compared to a body that hath all its blood drawn up into the arms , brest and back , and scarce any left from the girdle downwards , to cherish and bear up the lower parts , and keep them from starving . all this seriously considered , ther cannot be a more proper and pregnant example than this of our next neighbours , to prove how infinitely necessary the parlement is , to assert , to prop up , and preserve the public liberty , and national rights of a people , with the incolumity and welfare of a countrey . nor doth the subject onely reap benefit thus by parlement , but the prince ( if it be well consider'd ) hath equall advantage therby ; it rendreth him a king of free and able men , which is far more glorious than to be a king of slaves , beggers , and bankrupts men that by their freedom , and competency of 〈◊〉 are kept still in heart to doe him service against any forrain force . and it is a true maxim in all states , that 't is lesse danger and dishonour for the prince to be poor , than his people : rich subjects can make their king rich when they please ; if he gaine their hearts , he will quickly get their purses : parlement encreaseth love and good intelligence ' twixt him and his people ; it acquaints him with the reality of things , and with the true state and diseases of his kingdome ; it brings him to the knowledg of his better sort of subjects , and of their abilities , which he may employ accordingly upon all occasions ; it provides for his royall issue , payes his debts , finds means to fill his coffers : and it is no ill observation , the parlementary-moneys ( the great aid ) have prospered best with the kings of england ; it exceedingly raiseth his repute abroad , and enableth him to keep his foes in feare , his subjects in awe , his neighbours and confederates in security , the three main things which go to aggrandize a prince , and render him glorious . in sum , it is the parlement that supports , and bears up the honour of his crown , and settles his throne in safety , which is the chief end of all their consultations ; for whosoever is intrusted to be a member of this high court , carrieth with him a double capacity ; he fits there as a patriot , and as a subject : as he is the one , the countrey is his object , his duty being to vindicate the publike liberty , to make wholsom laws , to put his hand to the pump , and stop the leaks of the great vessell of the state : to pry into and punish corruption and oppression , to improve and advance trade , to have the grievances of the place he serves for redressed , and cast about how to find somthing that may tend to the advantage of it . but he must not forget that he sits ther also as a s●●●●ct , and according to that capacity , he must apply himse●● to do his soveraigns busines , to provide not onely ●●r his publike , but his personal wants ; to bear up the lustre and glory of his court ; to consider what occasions of extraordinary expences he may have , by encrease of royall issue , or maintenance of any of them abroad ; to enable him to vindicate any affront or indignity that might be offered to his person , crown , or dignity , by any forrain state or kingdom ; to consult what may enlarge his honour , contentment and pleasure . and as the french tacitus ( comines ) hath it , the english nation was used to be more forward and zealous in this particular than any other , according to that ancient eloquent speech of a great lawyers , domus regis vigilia defendit omnium , otium illius labor omnium , deliciae illius industria omnium , vacatio illius occupatio omnium ▪ salus illius periculum omnium , honor illius objectum omnium . every one should stand centinell to defend the kings houses , his safety should be the danger of all , his pleasures the industry of all , his ease should be the labour of all , his honour the object of all . out of these premisses this conclusion may be easily deduced , that , the principal founntain whence the king derives his happines and safety , is his parlement : it is that great conduit-pipe which conveighs unto him his peoples bounty and gratitude ; the truest looking-glasse wherein he discerns their loves ; now the subjects love hath bin alwayes accounted the prime cittadel of a prince . in his parlement he appears as the sun in the meridian , in the altitude of his glory , in his highest state royal , as the law tels us . therfore whosoever is avers or disaffected to this soveraign law making court , cannot have his heart well planted within him : he can be neither good subject , nor good patriot ; and therfore unworthy to breathe english air , or have any benefit , advantage , or protection from the laws . sectio secunda . by that which hath been spoken , which is the language of my heart , i hope no indifferent judicious reader will doubt of the cordiall affection , of the high respects and due reverence i bear to parlement , as being the wholsomest constitution ( and done by the highest and happiest reach of policy ) that ever was established in this island , to perpetuate the happines therof : therfore i must tell that gentleman who was author of a book entituled the popish royall favorite , ( lately printed and exposed to the world ) that he offers me very hard measure ; nay , he doth me apparent wrong , to tearm me therin no frend to parlement , and a malignant ; a character , which as i deserve it not , so i disdain it . for the first part of his charge , i would have him know , that i am as much a frend , and as real an affectionate humble servant & votary to the parlement , as possibly he can be , and will live and die with these affections about me : and i could wish , that he were secretary of my thoughts a while ; or if i may take the boldnes to apply that comparison his late majestie used in a famous speech to one of his parlements , i could wish ther were a crystall vvindow in my brest , through which the world might espie the inward motions and palpitations of my heart ; then would he be certified of the sincerity of this protestation . for the second part of his charge , to be a malignant , i must confesse to have som malignity that lurks within me , much against my will , but it is no malignity of mind , it is amongst the humours , not in my intellectuals . and i beleeve , there is no naturall man , let him have his humours never so well ballanced , but hath som of this malignity reigning within him ; for as long as we are composed of the four elements , whence these humours are derived , and with whom they symbolize in qualities ; which elements the philosophers hold to be in a restlesse contention amongst themselves ( and the stoick thought that the world subsisted by this innate mutuall strife ) as long , i say , as the four humours , in imitation of their principles ( the elements ) are in perpetuall reluctancy and combate for praedominancy , ther must be some malignity lodg'd within us , as adusted choler , and the like ; whereof i had late experience in a dangerous fit of sicknes it pleased god to lay upon me , which the physitians told me proceeded from the malignant hypocondriacal effects of melancholy ; having been so long in this saturnine black condition of close imprisonment , and buried a live between the vvals of this fatal fleet . these kinds of malignities , i confes are very rife in me , and they are not onely incident , but connaturall to every man according to his complexion : and were it not for this incessant strugling and enmity amongst the humours for mastery , which produceth such malignant effects in us , our souls would be loth ever to depart from our bodies , or to abandon this mansion of clay . now what malignity my accuser means , i know not ; if he means malignity of spirit , as som antipathy or ill impression upon the mind , arising from disaffection , hatred , or rancor , with a desire of some destructive revenge , he is mightily deceiv'd in me ; i malign or hate no creature that ever god made , but the devill , who is the author of all malignity ; and therfore is most commonly called in french le malin asprit the malignant spirit . every night before i go to bed , i have the grace , i thank god for it , to forgive all the world , and not to harbour , or let roost in my bosom the least malignant thought ; yet none can deny , but the aspersions which this my accuser casts upon me , were enough to make me a malignant towards him ; yet it could never have the power to do it : for i have prevail'd with my self to forgive him this his wrong censure of me , issuing rather from his not-knowledg of me , than from malice ; for we never mingled speech , or saw one another in our lives , to my remembrance : which makes me wonder the more , that a professor of the law , as he is , should pronounce such a positive sentence against me so slightly . but me thinks i over-hear him say , that the precedent discourse of parlement is involv'd in generals , and the topique axiom tels us , that dolus versatur in universalibus , ther is double dealing in universals : his meaning is , that i am no friend to this present parlement ( though he speaks in the plural number parlements ) and consequently , he concludes me a malignant . therin , i must tell him also , that i am traduc'd , and i am confident it will be never prov'd against me , from any actions , words , or letters ( though divers of mine have bin intercepted ) or any other misdemeanor , though som things are father'd upon me which never drop'd from my quill . alas , how unworthy and uncapable am i to censure the proceedings of that great senate , that high synedrion , wherin the wisdom of the whole state is epitomized ? it were a presumption in me , of the highest nature that could be : it is enough for me to pray for the prosperous success of their consultations : and as i hold it my duty , so i have good reason so to do , in regard i am to have my share in the happines ; and could the utmost of my poor endeavours , by any ministerial humble office ( and somtimes the meanest boatswain may help to preserve the ship from sinking ) be so happy , as to contribute any thing to advance that great work ( which i am in despair to do , while i am thus under hatches in this fleet ) i would esteem it the greatest honour that possibly could befall me , as i hold it now to be my greatest disaster , to have faln so heavily under an affliction of this nature , and to be made a sacrifice to publike fame , than which ther is no other proof , nor that yet urg'd against me , or any thing else produc'd after so long , so long captivity , which hath brought me to such a low ebbe , and put me so far behind in the course of my poor fortunes , and indeed more than half undon me . for although my whole life ( since i was left to my self to swim , as they say , without bladders ) has bin nothing else but a continued succession of crosses , and that ther are but few red letters found ( god wot ) in the almanack of my age , ( for which i account not my self a whit the lesse happy ; ) yet this cross has carried with it a greater weight ; it hath bin of a larger extent , longer continuance , and lighted heavier upon me than any other ; and as i have present patience to bear it , so i hope for subsequent grace to make use of it accordingly , that my old motto may be still confirmed , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . he produceth my attestation for som passages in spain , at his majesties being ther , and he quotes me aright , which obligeth me to him : and i hope all his quotations , wherin he is so extraordinarily copious and elaborate in all his works , are so ; yet i must tell him , that those interchangeable letters which passed between his majesty and the pope , which were originally couch'd in latine , the language wherin all nations treat with rome , and the empire with all the princes thereof ; those letters , i say , are adulterated in many places , which i impute not to him , but to the french chroniclen , from whom he took them in trust . the truth of that busines is this : the world knows ther was a tedious treaty of an alliance 'twixt the infanta dona maria ( who now is empresse ) and his majesty , which in regard of the slow affected pace of the spaniard , lasted about ten yeers , as that in henry the sevenths time , 'twixt prince arthur and ( afterwards ) queen katherine , was spun out above seven : to quicken , or rather to consummate the work , his majesty made that adventurous journey through the whole continent of france into spain ; which voyage , though ther was a great deal of gallantry in it ( whereof all posterity will ring , untill it turn at last to a romance ) yet it prov'd the bane of the busines , which 't is not the arrand of so poor a pamphlet as this to unfold . his majesty being ther arriv'd , the ignorant common people cryed out , the prince of wales came thither to make himself a christian . the pope writ to the inquisitor general , and others , to use all industry they could to reduce him to the roman religion ; and one of olivares first complements to him , was , that he doubted not but that his highnes came thither to change his religion : wherunto he made a short answer , that he came not thither for a religion , but for a wife . ther were extraordinay processions made , and other artifices us'd by protraction of things to make him stay ther of purpose till the spring folllowing , to work upon him the better : and the infanta her self desir'd him ( which was esteem'd the greatest favour he received from her all the while ) to visit the nun of carion ; hoping that the said nun , who was so much cryed up for miracles , might have wrought one upon him ; but her art failed her , nor was his highnesse so weak a subject to worke upon , according to his late majesties speech to doctor mawe and wren , who when they came to kisse his hands , before they went to spain to attend the prince their master , he wished them to have a care of buckingham ; as touching his son charls , he apprehended no fear at all of him ; for he knew him to be so well grounded a protestant , that nothing could shake him in his religion . the arabian proverb is , that the sun never soiles in his passage , though his beams reverberate never so strongly , and dwell never so long upon the myry lake of maeotis , the black turf'd moors of holland , the aguish woose of kent and essex , or any other place , be it never so dirty . though spain be a hot country , yet one may passe and repasse through the very center of it , and never be sun-burnt , if he carry with him a bongrace , and such a one his majesty had . well , after his majesties arrival to madrid , the treaty of marriage went on still , ( though hee told them at his first coming , that he came not thither like an ambassadour , to treat of marriage ; but as a prince , to fetch home a wife ; ) and in regard they were of different religions , it could not be done without a dispensation from the pope , and the pope would grant none , unlesse some capitulations were stipulated in favour of the romish catholics in england , ( the same in substance were agreed on with france . well , when the dispensation came , which was negotiated solely by the king of spains ministers ; because his majesty would have as little to do as might be with rome , pope gregory the fifteenth , who died a little after , sent his majesty a letter , which was delivered by the nuncio , wherof an answer was sent a while after : which letters were imprinted and exposed to the view of the world , because his majesty would not have people whisper , that the busines was carried in a clandestine manner . and truly besides this , i do not know of any letter , or message , or complement , that ever pass'd 'twixt his majesty and the pope , afore or after ; som addresses peradventure might be made to the cardinals , to whom the drawing of those matrimonial dispatches was referred , to quicken the work ; but this was only by way of civil negotiation . now touching that responsory letter from his majesty , it was not other than a complement in the severest interpretation , and such formalities pass 'twixt the crown of england , and the great turk , and divers heathen princes . the pope writ first , and no man can deny , but by all moral rules , and in common humane civility his majesty was bound to answer it , specially considering how punctual they are in those countries to correspond in this kind , how exact they are in repaying visits , and the performance of such ceremonies : and had this compliance bin omitted , it might have made very ill impressions , as the posture of things stood then ; for it had prejudiced the great work in hand , i mean , the match , which was then in the heat and hight of agitation : his majesties person was ther engag'd , and so it was no time to give the least offence . they that are never so little vers'd in business abroad , do know that ther must be addresses , compliances , and formalities of this nature ( according to the italian proverb , that one must somtimes light a candle to the devil ) us'd in the carriage of matters of state , as this great business was , wheron the eyes of all christendom were so greedily fix'd : a business which was like to bring with it such an universall good , as the restitution of the palatinate , the quenching of those hideous fiers in germany , and the establishing of a peace through all the christian world . i hope none will take offence , that in this particular which comes within the compas of my knowledg , being upon the stage when this scene was acted , i do this right to the king my master , in displaying the truth , and putting her forth in her own colours , a rare thing in these dayes . touching the vocal forest , an allegorical discourse , that goes abroad under my name , a good while before the beginning of this parlement , which this gentleman cites ( and that very faithfully ) i understand ther be som that mutter at certain passages therin , by putting ill glosses upon the text , and taking with the left hand what i offer with the right : ( nor is it a wonder for trees which lye open , and stand exposed to all weathers , to be nipt ) but i desire this favour , which in common justice , i am sure in the court of chancery , cannot be denied me , it being the priviledg of evry author , and a received maxim through the world , cujus est condere , ejus est interpretari ; i say , i crave this favour , to have leave to expound my own text , and i doubt not then but to rectifie any one in his opinion of me , and that in lieu of the plums which i give him from those trees , he will not throw the stones at me . moreover , i desire those that are over critical censurers of that peece , to know , that as in divinity it is a rule , scriptura parabolica non est argumentativa ; so it is in all other kind of knowledg , parables ( wherof that discourse is composed ) though pressed never so hard , prove nothi●g . ther is another rule also , that parables must be gently used , like a nurses brest ; which if you press too hard , you shall have bloud in stead of milk . but as the author of the vocal forest thinks he hath done , neither his countrey , nor the common-wealth of learning any prejudice therby ; ( that maiden fancy having received so good entertainment and respect abroad , as to bee translated into divers languages , and to gain the public approbation of som famous universities . ) so hee makes this humble protest unto all the world , that though the design of that discourse was partly satyrical ( which peradventure induc'd the author to shrowd it of purpose under the shadows of trees ; and wher should satyres be , but amongst trees ? ) yet it never entred into his imagination to let fall from him the least thing that might give any offence to the high and honorable court of parlement , wherof he had the honor to be once a member , and hopes he may be thought worthy again : and were he guilty of such an offence , or piacle rather , he thinks he should never forgive himself , though he were appointed his own judge . if ther occur any passage therin , that may admit a hard construction , let the reader observe , that the author doth not positively assert , or passe a judgement on any thing in that discourse which consists principally of concise , cursory narrations of the choisest occurrences and criticisms of state , according as the pulse of time did beat then : and matters of state , as al● other sublunary things , are subject to alterations , contingencies and change , which makes the opinions an● minds of men vary accordingly ; not one among● twenty is the same man to day as he was four yeer● ago , in point of judgement , which turns and alter● according to the circumstance and successe of things ▪ and it is a true saying , whereof we find common experience , posterior dies est prioris magister . the da● following is the former dayes schoolmaster . then another aphorism , the wisdome of one day is foolis●nes to another , and 't will be so as long as ther is man left in the world . i will conclude with this modest request to that gentleman of the long robe ; that having unpassionately perus'd what i have written in this small discourse , in penning wherof my conscience guided my quill all along as well as my hand , he would please to be so charitable and just , as to reverse that harsh sentence upon me , to be no frend to parlements , and a malignant . finis . a reply to the answer of lieutenant general ludlow, or, his answer to the officers at dublin examined with a concluding word to the present authoritie in parliament / by e.w. e. w., an actor in the late change in ireland. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a reply to the answer of lieutenant general ludlow, or, his answer to the officers at dublin examined with a concluding word to the present authoritie in parliament / by e.w. e. w., an actor in the late change in ireland. p. printed by tho. newcomb, london : . reproduction of original in the harvard university library. eng ludlow, edmund, ?- . england and wales. -- army -- history. great britain -- politics and government -- - . a r (wing w ). civilwar no a reply to the answer of lieutenant general ludlow; or his answer to the officers at dublin, examined: with a concluding word to the present e. w., an actor in the late change in ireland b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a reply to the answer of lieutenant general lvdlow ; or his answer to the officers at dublin , examined : with a concluding word to the present authoritie in parliament . by e. w. an actor in the late change in ireland . tempora mutantur , sed non mutamur in illis . london , printed by tho. newcomb , over-against bainards-castle in thames-street . . a reply to the answer of lieut. general ludlow , or his answer to the officers at dublin examined ; with a concluding word to the present authority in parliament . though , to the understanding reader , who by comparing , knows when a letter is answered , i need have done no more , then to have taken the same letter ( which he saith is answered ) and affix't it in the end , calling it a reply to the answer ; yet because those worthies , to whom the answer appeals for justice , may with the lesse expense of time see how insufficient the answer is , and how unjustly the subscribers of the officers letter , are aspersed almost in every page of the pretended answer , by the nickname of persons that have been for a late single persons interest , i have therefore assumed ( though unwillingly ) this trouble by way of replication : and therefore , sir ; as i am not inclined to detract from your merits , wherein they are praise-worthy , so i would have gladly seen the like ingenuity in your self , towards the gentlemen , who rather have deserved your praise hitherto , then to have been the objects of your frownes and indignation , for what they have done . it seems your stomack will not easily digest any that submitted to the late government of a single person , though they had no hand in setting him up ; but why do you not quarrel with that scripture , rom. . let every soul be subject to the higher powers , for the powers that are , are ordained of god ? let me ask you this question from common-wealth principles ( though i doubt not but your tart words would be silenced from that text ) can you imagine , that if all such were excluded , your petty peevish interest ( to say no more of it ) would be enough to carry on that good old cause so much pretended to ? when yet you saw by experience what knocking of heads there was at your wallingford-house-meetings , to which you so much frequented ( though to the blot of your former service ) and when advised to the contrary by your known friends , surely you that are ready to condemne the parliament , for narrowing their interest now , do much more condemne your self , if that be your opinion . your great care in your answer , is , to make the world believe , that you are the onely person , that hath stood unshaken ( as to the parliaments cause ) in the late protectors day ; but 't is sufficiently known to many witnesses from your own mouth , that your trouble was not , that oliver had pul'd out the parliament ; but that he was seated in the chaire of state , contrary to a former engagement , and so your expected good things , were not like to be accomplisht by him . as for the parliament , you could have been contented then ( as well as since ) if they had never met more : and why then do you condemne others for the same things you are guilty of your self , namely for want of affection to this parliament ? did not all the armies of the three nations , all the fleets at sea , all or most part of the cities , burrows , towns , and counties of this common-wealth , yea , and all plantations of english abroad own his authoritie by letters and addresses , and were there not in all these ( think you ) as faithful men to the parliament as your self ? i might here tell you that you acted sometime your self under him ; for you could be contented to receive pay , as lieutenant general , colonel and captain , and i believe you would have done so to the last day of his reigne , had not orders been given by fleetwood to cross you out of the musters . your distinction here of being the parliaments lieutenant general , will not serve your turne ; for any sober man may see , that though you abhor'd him ( as the jews did swines flesh ) yet you loved the broth of abominable things . in the front of your second page you say , the officers and souldiers ( within your precinct ) of duncannon , at your coming exprest much grief and trouble for the parliaments interruption ; but truly sir , if their after-carriage be considered , which i know you are bound to justifie , i want faith to believe that their sorrow was unfeigned . but your irish harp will make no musick , unlesse you touch upon the same string , and therefore you say in the same page , that you sent to ross , waterford , and other places to presse them to declare for the parliament , not in shew onely , but in reality . answ. truly sir , if you might be judge , no doubt but you would pass as severe a censure upon the persons , as you do upon the actions of those , which yet your masters have judg'd to be real in what they have done , witness their thanks sent them for their good service . but the officers , you say , in declaring for the parliament , designed rather to take advantage against those the parliament had prefer'd , thereby to get into their places , then out of any affection to the parliament . answ. ill-will never speaks well , the best actions of the best of men shall never clear their integrity , if a bare jealous affirmation shall serve as a sufficient accusation . but in the mean time , sir , those officers so intrusted , were very faithful to their masters ; were they not ? when others lesse trusted ( as the like was here about london ) must teach them in commission , their duty , how to obey their masters : the best is , as often and highly as you reflect upon them in ireland , by an easie and due parallel , you reflect upon those few faithful ones , that remain'd in england and scotland . but those in ireland disputed your authority , which was legally derived from the parliament , for whom in the worst of times you have born your faithful witnesse . answ. you are here mistaken in the dispute , which was not whether you had not an authoritie , but whether by your staying amongst the parliaments enemies , and acting as one of the new law-makers , you had not abused that authoritie to the forfeiting of it ; but the officers you say were not iudges of that , but the parliament . answ. in case of necessity , when there is no visible authority , as then there was not ( when they past those votes against you ) they were judges of their own safety . and when afterwards they heard of their sitting , they appeal'd to caesar , whether they desired your return . in the next , you tell them , that though the officers disputed your authority , legally derived from the parliament ; yet they could yield obedience to sir hardress waller that had no commission . answ. his being respited by the parliament at present , did not make null his authority , no more then the present want of their commissions could null all the captains and other officers of the army , for then they had been like sheep without shepherds ; good reason therefore they had to own him ( your substitute having defected ) who was made privy to much of the design , some weeks before it was executed , he being next in command . but sir hardress served a single persons interest whilest he might . answ. he did no more , then the generals at sea , who all ingaged for the service of their countrey , under the command of a single person : who i suppose you do but equally asperse . but sir hardress , with others , subscribed a letter to the army in england , and bid them good speed in their undertakings . answ. in that letter the army of scotland was equally and jointly concern'd and included , and therefore that salute , which is rather your own fiction ( then any thing in realitie ) is to be equally shared between both . but sir hardress cleerly espoused the armies interest , and cast off the parliaments , by the letter sent to general monk . answ. the letter mentioned was prepared by iones , and brought in for subscriptions rather by way of surprize , then debate . and though his policy did subscribe to a complyance , where his opposition would have made him obnoxious , yet the honesty of his policy did quickly appear . object . but that excuse may as well serve the rest of the subscribers as sir hardress , and may justifie all that joyn'd with the army ; for they will all say , they did it out of policy . answ. had they taken an opportunity in season to have oppos'd the army , as he did , the excuse would be sufficient ; but that they did not . in the next place you say , you did not own the army in their late precipitate undertaking , nor acted with them otherwise , then in a military capacity , but refused to joyn in their committee of safety , or committee for nomination . answ. 't is true , you did not so own them ( i believe ) as to contrive the plot for setting up the army as legislators ; as neither did the army of ireland , or the officers , that you say were for the interest of a single person , contrive his setting up ; but you could honestly submit after it was done , as they did ; nay , you could joyn with them in the same work of new government-making . i wonder from hence-forth you should condemn others for that wherein you are ten times more guilty in another kind , and equally in the same kind with themselves , as before proved . but you acted with them only in a military capacity . answ. had cromwell or fairfax gone to the king at oxford , and joyned , or acted with them in a military capacity , would this have served for an excuse to the parliament , or not rather as an aggravation to endanger their not being welcome , when they should return to sit at westminster , as you have done ? but what you did as to government or reformation , was alwayes with an intention to submit the same to this parliaments iudgement . answ. a sorry excuse you think is better then none . but , . who knew your intentions ? . who knew the parliament would ever sit again ? . you have here coin'd an excuse ( such a one as 't is ) for those that were for a single person ; for might not they say , they were for him , only with an intention to submit it to this parliament when they sate . you say in page the eighth , the officers design is to make mole-hills mountains , to asperse and not justifie , and therefore they quarrell with the title of dear friend , written to jones . answ. they cite those words for this end , to let you know what cause they had to be jealous that you , who were a friend to their enemy , could be no good friend to them ; had such a title been written by any member of this house to inchequin after his revolt , it had been enough to have made the whole house jealous , that such a member was no good friend to them ( notwithstanding the pretence of private real friendship . but what you did therein ( you say ) was prudential , he having your sword in his hands . answ. that is , you called him friend till you could appear his enemy , as sir hardresse called general monk enemy , till he could appear his friend . the difference lies only in this , sir hardresse made hast to do the one , when you delaied to do the other . the next clause you say , that is aggravated against you is , that we seem to be necessitated to look towards the long parliament ; it is feared , if they come in without conditions they will be very high . to which , whether you have given a sufficient answer , let the world judge ; for who knew your intentions to escape , or the way by miniard , as you say in your letter ; or who can believe it , that shall consider what you say afterwards ? that when fleetwood heard dublin had declared for the parliament , he sent you away . the gloss by which you would evade this charge ( if i should appeal to your self ) is such , that you will not allow to others , viz. you writ so to iones ( out of policie ) to let him see it was his prudence as well as his dutie , not to do any thing in opposition to the parliaments authoritie , or to your self , who was invested therewith . answ. he was like to do but little either against the parliament , or your self , when before your going out of london , you heard he was imprisoned ; for the mischief he had done was before , of which you had notice by several private letters . and had you went according to the invitations in those letters , you had been most affectionately received , whereas your mition from their enemie was reason to the contrarie . the last clause in your letter ; you say , the officers have to object against you , is this , i hope ere this the commissions for setting of civil iustice on the wheels , are come to your hands . at which you wonder it should be imputed as a crime to you , by those who were free , that the administration of civil justice should be derived from a military hand , during the protectors reign . 't is therefore to be feared , you say , they rather dislike the persons then the thing it self . answ. the imputation of it as a crime to you , was , because the authority of that sword , that pul'd out the parliament , was thereby justified , when yet you would have the world to belive you were pleading against the army to bring them in ; and if it were alwaies your principle to oppose the swords authority , why was it not in this ? the truth is , your words may here be justly retorted , that you dislike persons and not things ; for you can make use of it as a discriminating act against all that submitted to it in a single person , and yet you can find arguments to plead for it , when it relates to the army . but you say , 't is the lawyers opinion , that whosoever is actually in power , may set the wheels of iustice going . answ. but the army in england had nothing to do with ireland , nor could they be in actual power , when there was a ballancing power in general monk , that opposed them . and if the army in ireland should have argued thus , to set their wheels of justice going , no doubt but you would have had better grounds for those reports you have raised , then yet you had . i wish it may be prevented by a timely a consideration of their sufferings ; necessity is lawless . but you seem much to rejoyce that you have so just a bar to appeal unto , as that of the parliaments , who you doubt not but will protect you against the malicious prosecution of any cavilerish spirit whatsoever . answ. in this you would insinuate the subscribers to be cavileers , and therefore they may equally rejoyce with you , as well for their own sakes as for yours ; they have that power to appeal to now sitting , for whose restitution they have so freely adventured their all . . i will not say 't is as strange to see how you interfere in your principles , who can now own them as a parliament , when not long since ( you told some of themselves ) you did not look upon them as a parliament , but as a company of honest gentlemen that met there for the good of their countrey , and upon that accompt you joyn'd with them . in concluding of the paragraph , page . you say , if to be fai●hfull and constant to the parliament , in opposition to a single person , king-ship , &c. if to bear witnesse against such as are disaffected to publick interest , or as are vicious in their lives and conversations , &c. be high treason , you then confesse your self guilty . answ. if that were all , i should say the same with you ; but stay sir , there is somewhat else : is it fidelity to this parliament , for a general of ireland to come from thence , and sit in the counsels of their enemies ? would this have been judg'd so , had any member of the house , or general of their army gone to sit with the kings counsels , as i said before , in oxford ? nay , have not the house already determined it in their sentencing of sir henry vane , and major sallaway ? is it fidelity to the parliament to be ingaged as one of the chief to settle a new foundation of government for these nations ? is this to bear your witness , against such as are disaffected to the parliaments interest ? who were ever against the parliament , if such be not , that shall presume to pull out their masters , and make null their lawes , and yet with such you could joyne ; whether this be the substance of the articles , or all that is to be said , i will not determine . but certainly , if these things are not treason , they are highly criminal . for ( to make the best of it ) can any rational man think that 't is a sufficient plea for a general of an army , to quit his duty as a general , to run to the enemies counsels to intreat them to let their masters sit again . you tell them again in page . of your intentions to 〈◊〉 thorow into ireland , in order to compose the difference there . answ. but why were not your intentions put in practise till within two dayes of the parliaments sitting ; can any man judge your intentions to be real , when your actions were contrary ? had you been made a prisoner for endeavouring to escape , the army in ireland would have unanimously declared for you : but it seems there was no such danger ; for in the same pag. you say , you had laboured with the lord fleetwood , that you might repair to your charge above a moneth or five weeks before he sent you ; an ill sign your intentions were real : for to use your own words in the same page ; had that power any longer prevail'd , you had staid longer with them , ( i am sure nothing less can be imply'd : ) but you say , fleetwood having received a letter from captain algat , that ireland had declared for the parliament , he then thought it necessary you should repair to your charge . answ. it seems you were one of those soldiers that was under authority , when you were bid stay , you stai'd ; and when you were bid go , you went . and is this to shew your fidelity to the parliament , of which you so much boast , that you would not adventure some hazards to get from their enemies ? or who will not say , the army of ireland had sufficient cause to conclude , that if you had been a friend to the parliament , you had been clapt up in london , and not sent away with a mandamus by fleetwood . in page . you say , your brother kempsons name was set to the declaration , contrary to his minde , because he did not like the company . answ. the latter i easily believe , because he found no whimsical persons amongst them ; but i assure you the former is not true , for he ordered the clerk to set his name , after some contest had been , about the words , our lieutenant general . but , you say , you looked upon it as your dutie to hasten into ireland , because many persons that had subscribed the declaration were of a contrary principle thereto , and adhered to another interest , namely that of a single person . answ. but suppose they had been such , are your principles so rigid and imposing ( which you yet condemn in others ) as you will never admit of repentance ? . but why more hast now then good speed ? had your haste been so hastie , you would have hasted over before , to have hindred that revolt that was made from the parliament ; but it seems there was no danger on that side ; for if the work were done , as you declared at connaway , you did not care by what instruments , so it might not be by a single person . in the same page to answer the officers , you tell them , that before you left london , you took your leave of the speaker and left the addresse of the officers with him , which declar'd their hearty affections to this parliament , and their resolution to stand by them , to which very few of the subscribers hearts or hands then were . answ. no doubt your going to the speaker at that time was your wisdome ; but certainly there would have appeared more integritie had you gone sooner , or else have published the addresse in print as soon as you came to london ; but when it might have done good , you could keep it in obscurity , and then discover it when be sure it was of no advantage ; 't is well their fidelitie was better made knowne by their own actions then by yours . the designe of the subscribers , you say , is now laid open by their imprisoning many persons that did declare for the parliament , though not with them . answ. friendship is best known in time of straights ; at such a season the army in ireland generally shewed their fidelitie , whereas several now under restraint declar'd not till forc'd to it , and the rest had publickly defected from the very beginning ; but the world may see by this , who you judge to be the parliaments best friends . in the next , you say , it is now out of doubt they are for the king , because the moderatest of that party have publickly declar'd for sir george booth's design . answ. there is much fraud in a general charge ; why do you not come to particulars , who they are ? indeed sir , if it may not offend you to compare persons with persons , i must then tell you , sir george booths offence will appear to deserve a favourable extenuation , caeteris paribus , when the crimes of the late disturbers will be found flat rebellion . in page . you say , had you been upon the place of your command , as general monk was , when the resolution of the army came to you , the advice of the officers had been good , but you were in your journey towards london , when you first received the news . answ. you received the news before you landed at connaway in wales , and advice was given you to returne for ireland ; which if you had done , you might have been in the same posture quickly with general monk , had there been but the like affections ; the want whereof you sufficiently discovered to sr. henry ingoldsby ; when you told him , that if those in power ( meaning the army ) would do but as good things for the nations ; so the work was done , you cared not who were the instruments ; a strange expression for a parliaments general , who stands so much to vindicate his constant good affection . the next thing you seeme to vindicate your self in , is in the election of the officers that were to be sent to london , where you say , if they were design'd in opposition to the parliament , it was contrary to what you intended ; and general monk commissioners having consented , made you the more willing . ans. but their meeting to such an end was not contrary to your knowledge , it being the third article ; and surely you could not plead ignorance , what the articles were , when you confesse the commissioners before mentioned had sign'd them . but you had the better hope of such a meeting of the general council , because as you say , three parts of the army had not been engaged in that interruption , only that part about london . answ. 't is the same thing to justifie an evil act when done , as to be actors in it ; or else , why do you condemn the officers in ireland for owning the interest of a single person when set up , though they had no hand in the doing thereof ? but 't is easier to see how partial your judgement is , especially considering the declarations that were sent up to general fleetwood from lilborne , and severall others parts , to owne the action . you say , your letters to colonel richards do sufficiently explaine what you meant , by the advice you gave , to choose such men that were spirited to the work . answ. but how should the rest of the officers , to whom you writ , know your meaning , when you never told them to whom they should apply themselves for explanation ? surely since you are so exact to remember the contents of his letter , amongst so many , you intended that should shelter you in case of a future storm . but , the subscribers , you say , shew how ready they were to comply with the army in england , by calling an irish parliament to meet on the same day . answ. suppose the armie in ireland to supply their necessities , had taken an example from general monk in scotland , when all visible face of authoritie was pull'd down by the armie in england ; had this been such a hainous crime ? truly sir , in condemning them for this , you do but equally charge him , whose actions hath sufficiently appear'd honourable to the world . you now draw on to your concluding page , and say , thus you hope satisfactorily you have given an answer to each particular in the letter . answ. but how well i appeal to your judges . the truth is , that which you call an answer is nothing but an evasion fill'd with bespattering termes , a thing you complain of in your opposites ; and the chief parts of your answer consists , either in condemning the persons or actions of those the parliament have justified , or pleading your own authoritie , which , for ought i know , you have sufficiently forfeited ; or your good intentions , which none knew but your self . in your last page , you say , you have made it your practice , according to your principles , to promote an english interest in ireland , and to give countenance to all such who fear god . answ. but is that the way to promote an english interest in ireland , or to countenance such as fear god , and work righteousnesse ? to set up faction , and to lay aside officers , saying , o he is a presbyterian ! what brave encouragement this was for any sober , honest englishman to come over and plant in that nation , let the world judge . but , you say , many that now pretend to wish well to the parliament laid down their commissions when they were restored , and some were laid aside by this parliament , and o-others were so to be , because of their adherence to a contrary interest , and for viciousnesse of life and conversation . answ. the first sort are ( wilfully ) mistaken , for the true reason of laying down their commissions , was because they could not run , with those sonnes of errour , who had the onely smiles of your authoritie : the second sort have been alreadie vindicated , who by their actions have shewed themselves much more faithful then those , in which you so much confided : but seeing the parliament have been mistaken in their friends once , i hope they will take heed who they trust now ; and to conclude , let me here intreat our present worthies , not to look upon their cause to be so tottering , thar they must needs go down to egypt for help ; take heed of such oathes , that will turn out men of sobrietie , and not onely make way for all the factious spirits of the nations , to bring them in again to its support , who make no conscience of keeping them , but do engage men to fight against heaven ; let god be trusted with his own cause in his own way , without leaning upon such broken reeds . those that are sober christians , though of different perswasions , countenance ; but this hath not been our case , pragmatical , sausie , impudent fellows , whose tongues were set on fire of hell , to raile against ministrie , learning , tyrhes , or that could preach ( yea , rather prate ) for tolerating all heresie and blasphemy , these have been the chief objects of favour , by which means you have lost five hundred for one in the affections of the nations , and had so narrowed your interest , that the parliaments cause for many years hath run retrograde , whereas , were but the house fill'd , a synod call'd , and religion settled , with a sober toleration , the good old cause would thrive in spight of hell , without which , give me leave to tell you , a blast from the almighty will suddenly come upon it and the nations . finis . notes, typically marginal, from the original text notes for div a e- though the officers fidelity may justly merit the places , yet all is submitted to the parliaments pleasure , who in answer to the armies humble representation , voted this as answer to one of the heads therein contained , that such whos good service should merit inc●uragement or re-reward , should accordingly have it ; and though they have merited their thanks , yet whether they have deserved their places , is at their judgment a proclamation, continuing the adjournment of the current parliament, from the first thursday of april next, to the twenty ninth of that month, england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, continuing the adjournment of the current parliament, from the first thursday of april next, to the twenty ninth of that month, england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) printed by the heir of andrew anderson ..., edinburgh : [ ] reproduction of original in huntington library. broadside. additional imprint statement: this may be reprinted at london, r.l.s. march the th. . by e. mallet. at end of text: given under our signet at edinburgh, the two and twentieth day of march, . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion i r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms a proclamation , continuing the adjournment of the current parliament , from the first thursday of april next , to the twenty ninth of that month , . james by the grace of god , king of great brittain , france and ireland , defender of the faith : to our lyon king at arms , and his brethren heraulds , macers of our privy council , pursevants , or messengers at arms , our sheriffs in that part , conjunctly and severally specially constitute , greeting : whereas by our proclamation of the date , the twenty first day of september last , we thought fit to continue the adjournment of the current parliament of this our ancient kingdom , to the first thursday of april next ensuing the date of these presents . and seeing our service requires the further adjournment thereof , for some weeks longer ; we , therefore with advice of our privy council , do hereby continue the adjournment of our said current parliament , from the said first thursday of april next ensuing , to the twenty ninth day of that month , and to the effect our royal pleasure in the premisses may be known , our will is , and we charge you strictly , and command , that incontinent these our letters seen , ye pass to the mercat-cross of edinburgh , and all other mercat-crosses of the head-burghs of the shires of this kingdom , and other places needful , and there in our royal name and authority , by open proclamation make publication of the continuation of the adjournment of our said current parliament , from the said first thursday , to the said twenty ninth day of april next ensuing the date of these presents : requiring hereby all the lords spiritual and temporal , the commissioners from the several shires , and those from our royal burrows , and to meet that day in the usual way , under the accustomed certifications ; and we ordain these presents to be printed . given under our signet at edinburgh , the two and twentieth day of march , . and of our reign the second year . per actum dominorum secreti concilij . collin mekenzie cls. sti. concilij . god save the king . edinburgh , printed by the heir of andrew anderson , printer to his most sacred majesty , anno. dom. . this may be reprinted at london , r. l. s. march the th . . by e. mallet , next door to mr. shipton's coffee-house near fleet-bridge . by the king, a proclamation for enlarging the time for bounty-money to such seamen and landmen as shall voluntarily come into our sea-service by the tenth of february next, and for regulating of protections. england and wales. sovereign ( - : william iii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for enlarging the time for bounty-money to such seamen and landmen as shall voluntarily come into our sea-service by the tenth of february next, and for regulating of protections. england and wales. sovereign ( - : william iii) william, iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : [i.e. ] reproduction of original in the british library. "given at our court at kensington the fourteenth day of january, , in the sixth year of our reign." created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- pay, allowances, etc. proclamations -- great britain. great britain -- history, naval -- stuarts, - . great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion wr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation , for enlarging the time for bounty-money of such seamen and landmen as shall voluntarily come into our sea-service by the tenth of february next , and for regulating of protections . . jan. / william r. whereas by our royal proclamation of the thirteénth of december last , we did ( amongst other things ) promise and declare , that all seamen and able-bodied landmen , who should , on or between the twentieth day of the said month of december , and the twentieth day of this instant january , voluntarily enter themselves , and remain on board any of our ships of war or fire-ships , or any press-vessels or tenders belonging to our fleet , should receive as of our free gift and royal bounty , the respective allowances or rewards therein mentioned , viz. each able and ordinary seaman three months pay , and each able-bodied landman one months pay , to be paid to them by or before the twentieth day of march next ; and if any ships should be sent abroad , the men so entred on board the said ships , should be paid before they sailed ; and did also graciously declare , that conduct-money according to the practice of the navy , should be allowed to such seamen and landmen as should voluntarily enter themselves , and remain on board any of our said ships , according to the true meaning of that our proclamation ; and did thereby further declare our pleasure , that all warrants for pressing of seamen should be suspended in their execution , between the said twentieth day of december , and twentieth day of january . and it being represented unto us by our commissioners for executing the office of lord high admiral of england , that it will be for our service , if the time for the allowing of the said bounty-money should be enlarged , but that the press for seamen should nevertheless go on from the twentieth of this instant january : we have therefore thought fit , by the advice of our privy council , to publish this our royal proclamation , hereby promising and declaring , that all such seamen and able-bodied landmen , as shall , on or before the tenth day of februry next , voluntarily enter themselves , and remain on board any of our ships of war , fire-ships , press-vessels or tenders belonging to our fleet , shall respectively have and receive the like allowance or reward of bounty-money and conduct-money , as in and by our said proclamation is promised or declared to be paid or allowed to such seamen and landmen , as have or shall , on or before the twentieth day of this instant january , voluntarily come into our said service , the same to be paid at such times , and in such cases as in and by our said proclamation is expressed . and we do hereby command and require the said seamen and landmen , who shall , pursuant to this our proclamation , voluntarily come in and enter themselves as aforesaid , that they repair on board the respective ships on which they shall belong unto . and we do hereby direct , declare , and command , that such seamen or landmen , as shall leave any of the ships or vessels to which they belong , and enter themselves on board any other of our ships , in order to the obtaining of the said bounty-money , shall not only lose the wages due to them in the ship which they shall to leave , but also be severely punisht according to their demerits . and our will and pleasure is , and we do hereby publish and declare , that the press for seamen shall commence and go on from the twentieth day of this instant january , not withstanding the liberty that any may have of coming in voluntarily before the tenth day of february next ; and that none that shall be taken upon the press , shall , under any pretence whatsoever , be intituled to any bounty-money . and we do further publish and declare , that all protections whatsoever made or granted before the six and twentieth day of december last past , whereby any persons heve been or mey pretend to be protected or excused from being pressed for our sea-service , shall be , and are hereby declared to be null and void , and the respective offices and persons , to whom it belongs to make any such protections , shall make and renew such and so many only , as shall be absolutely necessary for carrying on the respective services for which they are to be granted . and we do also hereby determine and make void all tickets of leave , except such tickets of leave only as hereafter shall be given by our commissioners for executing the office of lord high admiral of england or the lord berkely admiral of the blue . given at our court at kensington , the fourteenth day of january , : in the sixth year of our reign . god save the king. london ; printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the kings mosst excellent maiesty a declaration of the taking away of sir william waller, sir john clotworth, major generall massie, and collonel copley, members of the house of commons, from the kings head in the strand, to st. iameses together with their protestation read at their removall. with a copy of the lord generals order for the same. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the taking away of sir william waller, sir john clotworth, major generall massie, and collonel copley, members of the house of commons, from the kings head in the strand, to st. iameses together with their protestation read at their removall. with a copy of the lord generals order for the same. fairfax, thomas fairfax, baron, - . massey, edward, sir, ?- ? waller, william, sir, ?- . massereene, john clotworthy, viscount, d. . copley, lionel. sheet ([ ] p.) s.n.], [london : printed in the yeare . place of publication from wing. text of the declaration begins: vvee whose names are hereunto subscribed, being members of the house of commons, and free men of england. declaration dated and signed at end: . of december . at the kings head in the strand. edw: massie, william waller, john clotworthy, lionell copley. text of the lord general's order begins: you are upon sight hereof to remove sir william waller, sir iohn clotworthy, major generall massie, and mr. lyonell copley, members of the house of commons. reproduction of the original in the british library. eng massey, edward, -- sir, ?- ? -- early works to . waller, william, -- sir, ?- -- early works to . massereene, john clotworthy, -- viscount, d. -- early works to . copley, lionel -- early works to . england and wales. -- parliament. -- house of commons -- early works to . great britain -- militia -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the taking away of sir william waller, sir john clotworth, major generall massie, and collonel copley, members of the house fairfax, thomas fairfax, baron d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the taking away of sir william waller , sir john clotworthy , major generall massie , and collonel copley , members of the house of commons , from the kings head in the strand , to st. iameses : together with their protestation read at their removall . with a copy of the lord generals order for the same . tuesday . decemb. . marshall lawrence came and acquainted sir william waller , sir iohn clotworthy , major generall massie , and mr. lyonell copley , members of the house of commons . that hee had orders from the lord generall and the councell of the army , to remove them from the other prisoners to st. iameses ; they replyed to him , that they desired to see his orders ; the marshall answered , they w●re onely verball ; but the gentlemen insisting to see a warrant for their remove , the marshall went to the generall , and from him about six a clock brought an order , a true copy of which followes : ( viz. ) you are upon sight hereof , to remove sir william waller , sir iohn clotworthy , major generall massie , and collonell copley , from the kings-head inn ( where they are now in custody ) to st. iameses ; and for so doing , this shall be your warrant : given under my hand , the . of december . t : fairfax . to marshall generall lawrence . this order being shewed unto the aforesaid gentlemen ▪ sir william waller produced a paper , desiting that the same might bee presented to the generall , which marshall lawrence refused to receive , upon which the said sir william waller and the other three gentlemen , desired the said marshall and all the gentlemen there present , to attend and witnesse to that protestation which they did there make in behalfe of themselves and all the commons and free borne subjects of england ; so with a distinct and audible voyce read their protestation , as followeth ; vvee whose names are hereunto subscribed , being members of t●e house of commons , and free men of england , doe hereby declare and protest before god , angels , and men , that the generall and officers of the army , being raised by the authori●y of parliament , and for defence and maintenance of the priviledges thereof ; have not , or ought to have any power or jurisdiction to apprehend , secure , deteine ▪ imprison , or remove our persons from place to place by any collour or authority whatsoever ; nor yet to quest●on or try us , or any of us by martiall law , or otherwise , for any offence or crime whatsoever , which can or shall be objected against us ; and that the present imprisonment and removall of our persons is a high violation of the rights and priviledges of parliament , and of the fundamentall lawes of the land , and a higher usurpation and exercise of an arbitrary and unlawfull power , then hath beene heretofore pretended to , or attempted by this , or any king or other power whatsoever within this realme ; notwithstanding which , wee and every of us doe declare our readinesse to submit our selves to the legall tryall of a free parliament , for any crime or misdemeanour that can or shall bee objected against us : in witnesse whereof , wee have hereto subscribed our names , the . of december . at the kings head in the strand . william waller . edw : massie . john clotworthy . lionell copley . printed in the yeare . discourse of the peerage & jurisdiction of the lords spirituall in parliament proving from the fundamental laws of the land, the testimony of the most renowned authors, and the practice of all ages : that have no right in claiming any jurisdiction in capital matters. barlow, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) discourse of the peerage & jurisdiction of the lords spirituall in parliament proving from the fundamental laws of the land, the testimony of the most renowned authors, and the practice of all ages : that have no right in claiming any jurisdiction in capital matters. barlow, thomas, - . [ ], p. [s.n.], london : . attributed to thomas barlow. cf. blc. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords -- jurisdiction. church of england -- bishops -- temporal power. church and state -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - simon charles sampled and proofread - simon charles text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse of the peerage & jurisdiction of the lords spiritual in parliament . proving from the fundamental laws of the land , the testimony of the most renowned authors , and the practice of all ages . that they have no right in claiming any jurisdiction in capital matters . give unto caesar the things which are caesars , and unto god the things which are gods , matth. . ver . . london , printed in the year mdclxxix . to the reader . in this licentious age , and especially at this juncture of time , when every impertinent scribler , and seditious pamphleter , hath free access to the press , it may be thought neither prudent nor honourable , for a man of sober and serious thoughts , to come into the field and list himself among the unlearned multitude of writers that are in these days . that popular applause which is generally expected from this method , is a thing which i ( more ambitious of being publickly useful then publickly known ) never designed to purchase at that rate ; and therefore is not the motive that induced me to this undertaking . i would have been glad , if any other of greater learning and parts , had done the world so much favour , as to have made a perfect disquisition into this matter , and to have discussed the point according to the merits of the cause ; for then i doubt not but the reasonableness of the house of commons dissention from the house of lords , would have appeared to all impartial and dis-interested minds . as for my own part , i confess that partly through the consciousness of my own inability , and partly through my unwillingness to be concerned in a thing of this weight , i should never have engaged my self in it , if i judged it not necessary to vindicate those persons that are abused with several undecent and unjust calumnies , in a late book intituled . the honours of the lords spiritual asserted , &c. together with its preface . this , together with a desire of informing the world in a thing which is much talked of , but little understood , prevailed with me to omit nothing which might be serviceable to my country , and conducive to the unity and peace of this divided kingdom ; especially when it is to be feared , there are too many such as the author of the above-mentioned book , who under the specious pretence of loyalty and affection to the church , do what in them lies to make the gap wider , and distemper more incurable . that i may not seem to injure him , you may consider the design of his discourse ; the persons against whom he directs his preface , are those who withstood the pretensions of the bishops to jurisdiction in matters of blood : those are no other than that honourable assembly , those champions of the protestant religion , and the liberties of the people of england , the house of commons in the last parliament . to revile the representatives of the commons of england , and in them virtually the persons themselves that are represented , with such scandalous aspersions , and opprobrious reflections ; being favourers of the rebellious commotions in scotland , ill-natured , censorious , covetous , self-seekers ; and which is worse than all this , as being of the same principles with those that threw down eplscopacy , took up arms against their native soveraign , plundred and devested his majesties most faithful subjects of their goods , estates , and lands , and embrewed their violent , wicked , and rebellious hands in his most sacred blood , &c. i say , such scurrilcus and satyrical language thrown upon the very face of authority , doth ill-become the religion of a christian , and the honesty of a true english-man . it is a known maxime among men of bonest and sober principles , and lovers of the english nation , that nothing can make us happy or miserable , but an union or division amongst our selves : if there be a good understanding betwixt prince and people , nothing can make england miserable ; but if there be jealousies and divisions , nothing can make it happy . therefore , whoever they are , that by reciprocal accusations , and raising of mutual jealousies of the one's good will and affection , and the others loyalty , especially in things that are false in themselves ; deserve to be lookt upon as inveterate enemies to the peace and happiness of this kingdom : and yet you may observe , that whosoever can give the court , the most satyrical language , expects to be reckoned the most zealous patriot , &c. and those , forsooth , who can with the greatest scurrility , and the most reproachful epithets , asperse the house of commons , would be thought the most loyal subjects : but if integrity and religion it self be not quite banished from the conversation of mortals , both these sorts of people will fail of their expectation . i have read of two great favourites of alexander the great , hephestion and craterus ; one of them ( saith my author . ) alexandrum dilexit , but the other dilexit regem : it may be a question which of these was the better subject , i shall not undertake to determine it , but shall leave it with an observation of that noble and truly loyal courtier sir thomas coventry , lord keeper of the great seal to his late majesty , in a case of the like nature : some ( said he to the house of lords ) would have the kings prerogative rather tall than great , others e contra ; some do love the king , rather than charles stuart ; others e contra : ( but what his sentiments were of those matters , you must gather from what he said a little after ) none can be truly loyal , but he that is a good patriot ; and none can be a good patriot , but he that is truly loyal . the interest of the king and people are so interwoven and linked together , that none can be truly said to be a lover of one , but he must be a lover of both. but to return to our author , i protest i have perused the whole volume with the greatest impartiality that can be ; and except his sawciness and ill-nature against the house of commons , and gentlemen of the long robe , i find nothing in the whole book that deserves any animadversion : it is evident from his method of arguing , and the medium's he maketh use of to prove his assertion , that he is altogether a stranger to the very state of the controversie ; and that notwithstanding his confidence in asserting , his book discovers more ignorance , than his preface doth petulancy : and it is no wonder , for ignorance and impudence are generally concomitant : and this is all that i think fit to say in answer to him . the reason why i subjoyn the following discourse , is , because although i cannot perswade my self that he deserves a refutation , yet that truth which he labours to darken with an impertinent harangue , deserves to be cleared and demonstrated : if any shall go about to attacque this discourse with drollery , or satyrical invectives , i decleare before-hand , i do not reckon my self obliged to reply ; i do not think it a reputation for men of sense to combate at these weapons ; but if occasion be , i shall send his answer to the dung-carts , or oyster-boats , from whence i doubt not , but he shall receive due correction for his folly and impudence ; but if he assault it with reason and sobriety , he shall find a defence agreeable . i must confess i am heartily sorry at the occasion of this dispute , it hath unhappily fallen out at that moment of time , when above all things it was necessary for the church and state to confederate , and joyn hand in hand , to the ruine and confusion of the common enemy , and the extirpation of that poysonous plant , whose growth will quickly become fatal to both : but however , as it is hard on the one side , that any should be compelled to lay down that which they suppose is their right ; so on the other side , it is a thing unreasonable and of dangerous consequence , to admit of any innovation , though it were in a matter of far less moment than this is : so that there is great reason for both sides to insist upon it . if this enterprise of mine be so successful , as to convince those that are in the mistake , then i compass my end , and am satisfied ; which that it may do , i refer you to the consideration of the following discourse . farewell . a discourse of the peerage and jurisdiction of the lords spiritual . as the granting of large immunities , priviledges , and possessions to the church , doth well become the piety and religion of a christian prince , or any other supream power ; and as the robbing of the church of any of its just rights , lawfully granted , is sacriledge of the highest nature : so it is the duty of all the sons of the church , upon all occasions , thankfully to acknowledge the bounty and munificence of their pious benefactors , and to forbear all unjust claims and ambitious pretensions to things which were never granted : a failure in this is almost as great an immorality ( considering the quality and profession of the offenders ) as the former . and it is doubtless not onely lawful , but commendable , for the persons whose right and property is invaded in either case , to defend themselves with all their power against the invaders ; otherwise we must condemn our ancestors , who defended the kings prerogative , and the subjects right , when it was encroached upon by procurers of citations and process of provisions and reservations of benefices , dispensations for pluralities , &c. from the court of rome ; and withstood those unreasonable demands of absolute exemption from secular power made by the clergy ; and several other things about marriages , legitimation , &c. which they claimed by vertue of several decretals of their popes and councils : i confess if there were either statute-law or common-law for the bishops voting in capital cases , i would be very far from arguing against it , for that were to call in question their undoubted right . but if there be any reason to make me believe they have no right at all in that case , i hope it will be excusable in me to make an impartial enquiry into the thing . if the spiritual lords have any right of judicature in capital cases , it must be either jure divino , or jure humano ; if the former , it must be proved out of the new testament , for there is no consequence from the authority and jurisdiction of the high priest under the law to the authority of bishops under the gospel , and that is the most generally received opinion among the protestant divines , those at least who have lifted themselves under the banner of the protèstant religion , in its defence against the exorbitant power and usurpation of the bishop of rome , who makes use of the same argument for the authority of his holiness in cathedra : because whatsoever is alledged out of the old testament , is either part of the mosaical method of administring justice , proper onely to the judaical oeconomy ; or else belonging to the temporal constitution of the kingdom of israel and judah , which are no more binding to us , than those laws of theirs whereby each man recovered his right and property : or than the laws of the syrians , or any other nation were binding to the jews . those instances that are given of so great trust reposed in , and honours conferred upon , spiritual persons by christian princes , after the first three centuries , can prove no more , but that so was the constitution of the government of those kingdoms ; and it doth not follow that therefore it must be so in all other kingdoms : for which cause it is evident , that the first four chapters of the gentlemans book , are altogether impertinent . if the spiritual lords ground not their claim upon divine right , then if they have any at all , it must be by humane institution : my business is not to examine whether such an institution were good and reasonable , or not ? that i leave to the consideration of the parliament , in whose determination every true subject ought heartily to acquiess : but all that i have to do , is to examine whether or no there be such an institution , and that is the point which i intend to insist upon . no humane institution can do their lordships any kindness in this , except the laws of england , and those are of two sorts , either statute-law , or common-law : the former is not pretended to ; the onely question is about the latter : for that same law which gives them power to sit in the house of lords in any case , gives them power also to sit in capital cases , if they have any such power ; and that they have no such power by the common law of england , is the probindum . those in whose power originally it was at the first reduction of this nation under rules of government to invest religious persons with honours , jurisdictions and priviledges ; might by the same power have made them greater or lesser than they did ; and consequently might at the first institution have limited the same jurisdiction , &c. to such and such matters as they themselves thought fit to intrust them with , and not to others . if those persons that first conferred upon some of our clergy-men that jurisdiction which they now enjoy of voting in the high court of pariament , had given it indefinitely in all matters , and over all causes , and they had exercised their jurisdiction accordingly from time to time , then their right had been indubitable ; but if this limitation had been made , that their jurisdiction shall extend to all causes , except such as are capital , and they never exercised any jurisdiction in such ; then there cannot be any colour or ground of claim . now the common law is a general custom or usage in this realm in all ages practised and allowed beyond the memory of man ; and because there is no record , nor any other undeniable evidence of its commencement , it is therefore presumed to have been a law ever since there hath been any government in this nation : seeing therefore that the jurisdiction of the bishops in parliament , is supposed to be as ancient as the government it self ; if it can be proved that by the common law ( i. e. ) the continued practice of all ages , the transactions whereof are recorded , the clergy never did exercise jurisdiction in cases of blood : then inasmuch as no record maketh appear what time this custom did begin , we must of necessity presume that their not voting in capital cases , is as ancient as their voting in any case ; and consequently that those who first conferred upon them their jurisdiction in parliament , gave it with this limitation , that it should not extend to capital cases . this being premised , i shall proceed to prove that by the common law of england , ( if not by an act of parliament ) the lords spiritual have no right to vote in capital cases : that will be done if i demonstrate these two things ; . that their voting in capital cases is contrary to the intent and meaning of magna charta . . that it is contrary to the known practice of all ages until this day . the first i shall prove from the reason and nature of the thing , and from precedents . by the th of magna charta it is ordained , that , nullus liber homo capiatur vel imprisonetur , &c. aut ut . lagetur , aut exuletur , aut aliquo modo destruatur , nec super cum ibimus , nec super eum mittemus nisiper legale judicium parium suorum , &c. and accordingly the precept of the lord high steward to a serjeant at arms , is to summon , tot & tales dominos magnates , & proceres hujus regni angliae praedicti r. comitis pares , &c. co. . inst. . whence it is evident that every judge must be a peer ( par ) to the prisoner ; and i do think it a very easie matter to prove that no spiritual lord as such , is invested with that parity which is requisite within the intent of magha charta , to constitute him a sufficient judge upon the life and death of a temporal lord : before i enter upon the proof of this , it will be necessary to say something of the nature of their peerage . their peerage doth accrue either by the investitute of their bishopricks , ipso facto , or by their summons to parliament ; it is agreed by all authors of greatest authority , that they are parliamentary lords immediately by their investiture and induction into the temporalities , which are held of the king per baroniam , and are therefore lords of parliament only ratione tenurae ; so is coke , stamford , selden , and others : but they are not intituled to any more honour or jurisdiction by their writs , for these , two reasons : . because a summons to parliament cannot of its self create a baron , for then all the kings judges , serieants and councel had been ennobled in divers parliaments in the time of edw. . in all of edw. . and most of edw. . for they had then the self-same writ that earls and barons had , yea and the kings two escheators had the same writ , annu . and of edw. . the first summons extant upon record is that of h. . which is one joynt summons to all the lords and judges , and is the same in substance with the writ of summons at this day , which is given to the lords , and differs onely in matter of form. anno . edw. . jan. . the writs are several , the only difference is in the style , and the words following , ( viz. ) super ar duis negotiis quibusdam nos & regnum nostrum & vos caterosque de eodem regno tangentibus , &c. to the bishops and other clergy . to the temporal lords after the style the writ runs . nos , &c. & vos caeterosq●● 〈◊〉 & magnates , &c. taugentibus , &c. to the judges it was , vos caterosque de consilio nostros , &c. tangentibus . but in all these , the mandamus , which is the most essential part of the writ , is the very same ; viz. vobis mandamis ut , &c. personaliter inter sitis super dictis negotiis cum rege , & caeteris magnatibus & proceribus , &c. trataturi vestrumque consilium impensuri , &c. the same is the of ed. . and almost in all the time of edw. . and from the th to the th year of edw. . that which i infer from this is , that either a writ of its self without the performance of other ceremonies , as investiture of robes , &c. cannot make a man noble ; or else the judges in those four kings reigns having the same mandamus in their writs which the earls and barons had verbatim , and the same in substance with the mandamus to peers at this day , were all ennobled . and further , there doth frequently occur in ancient records and writings a difference between barones majores , and barones minores ; the first are called sometimes barons , and the other barons peers . that they both received their writs and sate in parliament , is undeniable : the nobility of the first was without doubt inheritable , but so was not the last , but were called barons peers , because of the parity of their reyenue . thus saith the modus tenendi parliamentum , ( always allowed for authentick before mr. prynne . ) summoneri & venire debent omnes & singuli comites barones & corum pares scilicet illi qui habent terras ad valentiam ●●…ius comitatus integri , viz. vig●…ti feoda , &c. vel ad valentiam unius baroniae , &c. & nulli minores laici summoneri debent , sed si eorum praesentia necessaria velutilis fuerit rex solebit talibus brevia mitte●… . so that these baronum pares , or barones minores , because of the parity of their revenue , were called or omitted ad libitum , though the majores ought to be summoned de jure ; which proves a writ of summons to parliament , doth not ennoble the party , otherwise this difference must fall to the ground . the roll of ed. . n. . is that the cause of summons was declared in the presence of the king and divers lords there named , & autres barones , & bannerettes . chevaliers de comites , citizens & burgeiis , &c. so of ed. . n . the roll is , dukes , earls , barons and bannerets : and in many of the parliament rolls of ed. . it occurs by the prelates , earls , barons , and other grandees ; by which it is evident , that anciently there sate in the house of lords sometimes some that were under the degree of a baron , and they could not be lords by inheritance , because a barony is the lowest degree of inheritable nobility ; but they could not be there present without their writs ; it doth therefore follow , that a writ , together with an appearance in obedience to it , doth not ennoble the party . note , that anciently the king by his letters could have discharged any banneret from serving in the lower house ; because , if he pleased , he might upon occasions have summoned him to serve in the house of lords ; and that is apparent from a record in the th of rich. . r. . dorso . sir tho. camoys was chosen one of the knights of the shire for surrey , and his father and grandfather had been summoned to several parliaments before : the king discharged this gentleman from serving in the house of commons , because ipse ( saith the record ) & quam plures antecessores sui banneretri fuerint : nos animadvertentes quod hujusmodi banneretti ante haec tempora in milites comitatus eligi minime consueverunt , &c. if this camoys had been reputed a baron , the country would never have chose him ; and if he had been really a baron , the king would never have discharged him because he was a banneret , but because he was a baron . another reason for this may be gathered out of the patent of john beauchamp of holt , the words of which are these : — sciatis quod pro bonis & gratuitis servitiis , quae dilectus & fidelis miles noster johannes de beauchamp , de holt , seneschallus hospitii nostri , nobis impendit , ac loco per ipsum tempore corenationis nostrae hucusque impensis , & quempro nobis tenere poterit in futurum in nostris consiliis & parliamentis , nec non , &c. ipsum johannem in unum parium & baronum regni nostri angliae praesecimus , volentes quod idem johannes & haeredes masculi de corpore suo exeuntes statum baronis obtineant , ac domini de beauchamp & barones de kiderminster nuncupentur , in cujus , &c. t. rege apud wodestock , . oct. it is probable that he was created baron before he received this patent , because the patent wants the words of creation ; ipsum johannem praefecimus : but it is not said , per praesentes praeficimus ; and therefore the patent running in the preterperfect tense could have no other operation but only to record a thing which was past : but he was not created by writ before the patent , because it is dated oct. . and he received no writ till the decem. following : wherefore seeing that undoubtedly he was a baron before he received either patent or writ ; for the patent , which is matter of record , saith , ipsum praefecimus ; it follows , that before this time a baron hath been created without a writ , which could be no otherwise then by the performance of a ceremony , as investiture of robes , &c. and this patent was only an entring of the creation , being a transitory thing upon record . . admitting that barons have been created by writs , yet prelates are not created barons by their writs , because there is a difference between a writ sent to a person that hath no right ex debito justitiae to demand it ; and a writ sent to one that was a lord of parliament before , and ought de jure to have been summoned . the former , together with the persons obedience , may perhaps make him a baron : but the latter i conceive doth not make any addition to , or enlargement of , their precedent honour , but only summons them to exercise their jurisdiction , and put that power ▪ which they have in execution , and that is only reducere potentiam in actum , otherwise every lord would be newly created at every parliament ; every one to whom the honour is entailed , would have a fee-simple , for a writ will make a man a peer in fee without the word ( heirs ) and every lord bishop , l. keeper , l. treasurer , l. privy seal , would be as such inheritable peers , or at least for life , which are both false ; for after regradation their peerage is ended : wherefore it being certain that all the lords both spiritual and temporal ought to be summoned to every parliament , the summons must of necessity have respect to that right which doth entitle them to demand them . the inference which i draw from all this , is , that the lords spiritual having no peerage upon the account of their writs , cannot claim any at all , except it be jure episcopatus , ( that is ) ratione terrarum quas tenent per baroniam . so that now i come to the next point ; viz. whether such whose peerage is ratione tenure , and dies either with the determination of his estate in the land , or the dissolution of the tenure , be a competent judge of one whose blood is ennobled in case of life and death , within the meaning and intent of magna charta , which enacts that every one shall be tryed per legale judicium parium suorum . the negative i hope effectually to prove from these following reasons : . every ones peerage ought to be measured and proportioned according to the limits and extent of that ratione cujus he is a peer ; he that is a peer , not only upon the account of his possessions , but also upon the account of the quality and nobility of his blood , hath a right of judicature and legislation both in those things that regulate mens estates and properties , and also in those things that concern life and death ; buthe that hath no peerage but what is praedial or feudal , and not personal a peerage accruing by vertue of his tenure and possessions , and not the nobility of his blood , can have no jurisdiction but such as is agreeable to the nature of his peerage ; that is , such as shall extend to matters of property and possession , but not to matters of blood ; for as to this he is no more a peer ( i. e. par ) to a temporal lord , than any private gentleman , and therefore hath no more jurisdiction ; for it is parity that makes a man capable of jurisdiction within the statute : this is confirmed by the authority of that learned antiquary , mr. john selden , in the first edition , of his titles of honour , a volume in quorto , , ( which i the rather cite , because it was printed in king james his time , and therefore not liable to exception ) his words are these ; a bishop shall not be tried by peers in capital crimes , because these are personal , and his being a baron , is ratione tenurae , and not of personal nobility . so it is in br. abr. tit. enquest . although in an action for land , &c. a bishop shall have knights in his jury , as other lords , yet when he is tryed for his life ( it 's said ) he shall not have knights in his jury : by which book it is evident , that a bishop is a peer not in respect of his person , but of his possessions . . the whole statute of magna charta is a grant or rather a confirmation of the priviledges and liberties of the subjects of england ; and it is to be supposed that the enjoyment of every of those priviledges that are there granted , is a great advantage and happiness to the subject : but wherein the advantage of a mans being tryed per pares doth lie , is a point worth the consideration : i conceive it to be this , when those are to be judges , who may be under the same circumstances with the prisoner , and when by their judgment the prisoner can lose nothing but what his judges ; if they be under his circumstances may lose also ; he may expect that they will not give judgment but upon mature deliberation , and that the consideration that it may be their own case will deter them from giving a rash judgment against a man that is innocent , or not apparently guilty : whereas if a mans life and fortune , his honour , the inheritable quality of his blood , his name and reputation , and whatsoever may be comfortable in this world , were disposable at the will and pleasure of inferiour persons , who have not every of these themselves , and consequently know not the true value and worth of them , nor the importance of the matter that is judicially before them ; it may be presumed that they will not be so careful and concerned in the cause ; and it is to be feared they will be too ready to give an inconsiderate and rash judgment . this i take to be the onely benefit of a mans being tryed by his peers , which is very significantly expressed in the statute de proditoribus , ed. . cap. . in these words ; et de ceo soit provablement attaint de●overt fait per gents de lour condition , &c. but to apply this to our present design , let us consider what a temporal lord loseth by an attainder ; in the first place he loseth his life , his estate real and personal : if that were all , a gentleman might be his peer ; but there is something more , he forefeits his nobility , which is irrecoverable , being quite extinguished ; the inheritable quality of his blood is thereby corrupted , the house of lords themselves suffer with him , for they lose a member for ever : but a bishop forfeits nothing but what he hath in his natural capacity , and if he be considered as such , he is no peer ; if he be considered as a bishop , i. e. as holding lands of such a value in the right of his bishoprick of the king , he is a peer , but his peerage is in no danger through his attainder ; the succession ( which he is supposed to be as tender of as a natural person is of his posterity ) is not thereby tainted ; for his peerage , together with all his posterity and land , ratione cujus he is a peer , go to the successor without any restauration ; ( see stamford . . ) and so the house of lords lose never a member : how then can bishops , having no nobility which they can lose , and consequently not being gents de lour condition , be fit judges upon the life and death of noble men ? and upon what grounds can more justice be expected from such than from honest substantial freeholders ? if this do not please , let any of the most violent maintainers of this pretended temporally-spiritual jurisdiction give a rational account , wherein the advantage of a mans being tryed by his peers , doth consist ; and let him make appear that the lords temporal are any sharers of this priviledge when they are tryed by bishops , and i am satisfied ; but till then ; he must give me leave to conclude , that this jurisdiction which is pretended to , is an abuse of the satute of magna charta , and therefore a violence offered to the liberties of the subjects of england . . the bishops are not peers in that sense the question is above stated in , because they shall not themselves be tryed by peers in parliament : if their parity be not sufficient to entitle them to demand a tryal by temporal lords , then they cannot be peers , so as to be judges upon the tryal of temporal lords : but if they be really peers to all intents and purposes , then we charge all our ancestors with a gross violation of the subjects priviledges granted by magna charta ; for every bishop is liber homo , a subject of this realm , and ought of right to have the benefit of a subjects priviledge of being tryed by his peers : but seeing by the constant practise in former ages , even in those times when the tyranny of ambitious prelates , and the insolence of popish usurpers , did swell to so great a height ; when the poor credulous affrightned laity , were glad for fear of being delivered prisoners in manus & custodiam diaboli , and secluded from the society and conversation of mankind , to truckle at the feet of the domineering clergy , and condescend to almost all their demands , however unreasonable or unjust they were ; insomuch , that innovations in favour of them were easily allowed , and new acquisitions of honour and power easily obtained . i say , if in those times the honour of being tryed by peers hath been denied to them , it may well be inferred that they had no right ; for if it were a thing which they had any colour of pretension to , is it reasonable to suppose that they quietly without reluctancy would resign it ? when we have records and histories full of their clamours for breach of magna charta , of their contentions with their liege lord and sovereign in things that were against the known and established laws of the kingdom , tending to the diminution of the kings prerogative , the hindring of the execution of justice upon malefactors , and the dispossessing and injurious expulsion of the subject from his just and hereditary right , where they had no reason in the world for it , onely that they were inflamed with indignation , that the native courage and inbred generosity of mind that was in our ancestors , not induring themselves to be trod upon , nor their necks to be laid under a yoke of tyranny and usurpation ; did obstruct the unsufferable growth of that power and dominion which their own pride and ambition , together with the example and success of their brethren in other countries , had spurr'd them on to . these things are well enough known to all people , whose eyes are opened , and therefore i shall not insist upon them ; but shall prove that bishops ought not to be tryed by temporal lords : and for that i have the suffrage of all learned men , my lord coke in the third institutes , fol. . is express in the point , spiritual lords shall not be tryed by peers . stamford in his pleas of the crown , lib. . cap. . de trial per les peers , saith , that the statute of magna charta , and h. . cap. . which gives dutchesses , countesses , and baronnesses the same priviledge that their husbands have ; nad este mise in 〈◊〉 dextender a un evesque on abbe coment que ils injoient le nosme des seignior de parlement , car ils nont cel nosme d' evesque ou abbe ratione nobilitatis sed ratione 〈◊〉 ne ont lieu in parlement in respect de lour nobilitie , ejus in respect de lour possession , sc. l'auncient baronies annexes a lour dignities & accordant a ceo il ●ad divers presidents dont l'un fuit in temps le roy h. . &c. of the same opinion , and for the same reason is selden , ubi supra ; we find the same agreed by justice dodderidge , pag. , . and elsynge in his ancient method of holding parliaments , pag. . and the book which i above cited , br. tit. enquest . h. . in the bishop of rochester's case , it is resolved , that when a bishop is to be tryed for treason , it is not necessary that he have knights in his jury , although he shall have that priviledge in a tryal for his land ; which proves that his peerage is more for the priviledge of the lands and possessions of the bishoprick , then the person of the bishop : as you may further see if you compare this book with plowd . . br. tit. tryal . and fitz. cor. . and i dare affirm there is not any one lawyer or antiquary of note that disagrees from this : but before i go from this , i shall strengthen these authorities by precedents . i shall begin with adam de orleton , or tarleton bishop of hereford , who in the of ed. . was accused while he was sitting in parliament , of conspiring with roger mortimer earl of march , and aiding him with horse and arms in open rebellion ; whereupon he was ordered to the barr of the house of lords ; he made no answer to those crimes that were laid to his charge , only that he was suffragan to the archbishop of canterbury , who was his direct judge under the pope , and without his leave and the consent of his fellow-bishops he would not answer : now although the statute of articuli cleri restraining the benefit of clergy to felony , was made but eight years before this , yet the rest of the clergy in that disorderly time ( observe the humility , obedience , and loyalty of our spiritual fathers in those days ) had the impudence in the presence of the king , to pull him violently from the barr and deliver him to the archbishop : the king was enraged at this insolence , and gave special order to apprehend him again , which was done , and was arraigned upon an indictment at the kings-bench-bar , and upon the question , how he will be tryed ? he said , quod ipse est episcopus herefordensis ad voluntatem dei & sammi pontificis , & quod materia praedict articulor ' sibi imposi●… adeo ardua est quod ipse non debet in curia hac super praedictis articul ' imposii respondere nec inde respondere potest absque offensu divino & sanctae ecclesiae . hereupon day is given over , and after some contiuances , the record goes on thus ; et praeceptum est vic' comit ' hereford quod venire faciat coram domino rege , &c. tot & tales , &c. ad inquirendum prout mores est , &c. and a common jury is returned , which find him guilty , and his goods and lands are seised into the kings hands , and after conviction , he is delivered unto the archbishop , to the end ( i suppose ) that he should be degraded ; for in this case being high treason there could be no purgation . see the record of his attainder , hill. e. . coram rege , rot. . dors ' co● . inst. . fuller's ch. hist. fol. . tho. walsingham , fol. . it appears by the record it self , and all the histories of those times , what artifices were used , and with what industry every stone was turned by the clergy , to keep the bishop from the justice of the nation ; and is it to be supposed , that they would wave their jus paritatis , if they had it ? we have a world of complaints in walsingham ; and other old monks , against the whole proceeding , but not one word of any injury done to their peerage . the next precedent is in trin. . e. . rot. . john de isle brother to thomas hen bishop of ely , was indicted in huntington , that he with divers others , per assensum & procurationem episcopi praedict e. . diae lunae post testum sancti jacobi , burnt the house of the lady wake , at 〈…〉 by sommersham in comitat. praedict , & quod praedict tho. episcopus sciens praedict combustionem per praedict servientes suos esse factam , dictos servientes apud sommersham praedict postea receptavit , &c. and also it was found before the justices and coroners , that e. . the said bishop was guilty de assensu of the murder of one william holme , slain by ralph carelesse and walter ripton , called little watt , upon malice conceived against holme , because he followed the suit of the lady wake ; the principals were attainted by owtlawry , the bishop was arraigned , and upon question , how he would be tryed ? he answered , quod ipse est membrum domini papae , & quod ipse ab ordinario suo viz. venerabili patre domino simone archiepiscopo cant. angliae primat respondere non potest , & super haec dominus archiepiscopus praesons hic in curia petit quod dictus episcopus eliensis , de feloniis praedictis sibi impositis hic coram laico judice non cogatur respondere ; & ut sciatur inde rei veritas per inquisitionem patriae praecept ' est vicecom &c. ad quens diem , &c. jurat ' trial , &c. dicunt super sacramentum suum quod idem episcopus est in nullo culpabilis ; sed dicunt quod idem episcopus post feloniam factam ipsos servientes receptavit sciens ipsos feloniam fecisse , &c. et super haec p●●…ict ' archiepiscopus praese●s in cur ' petit ipsum tanquam membrum ecclesiae sibi lib●●●●… , & ei liberatur custodiend ' prout decet . here is a bishop indicted , arraigned , tryed by a common jury , and convicted as accessory to several felonies , as burning of a house , and killing a man , both before and after the felonies committed : and it is observable , the jurors were tryed as appears by this record , and that proves the bishop had his challenges to them at his tryal : and is it not very strange that they should proceed at this rate against a peer of the realm , over whom they had no jurisdiction , and a bishop too , at such a time when the clergy were the onely men about court ; as simon langham , archbishop of canterbury , lord chancellor ; william wickham archdeacon of lincoln , keeper of the privy seal ; david willer parson of somersham , master of the rolls ; ten beneficed priests , masters of the chancery ; william mulse dean of s. martins le grand , chief chamberlain of the exchequer , receiver and keeper of the kings treasure and jewels ; william aksby archdeacon of northampton , chancellour of the exchequer ; william dighton prebendary of s. martins , clerk of the privy seal ; richard chesterfield prebend of s. stephens , treasurer of the kings house ; henry snatch parson of oundell , master of the kings wardrobe ; john newnham parson of fenny-stanton , one of the chamberlains of the exchequer ; john rowseby parson of harwich , surveyor and controller of the kings works ; thomas brittingham parson of asby , treasurer to the king for the part of guisnes , and the marches of calice ; john troys a priest , treasurer of ireland . these i have specified here , because when any examples are put of justice had against ecclesiastical malefactors , there are a sort of people who presently cry out , their wings were clipt : they were under contempt and hated by the laity , &c. but what credit is to be given to them , may be gathered from what hath been said . thomas merkes bishop of carlisle , was in the h. . indicted of conspiring with holland earl of kent , and the dukes of exceter and surrey , and the duke of aumerle , montacute earl of salisbury , spencer earl of glocester , and others , to kill the king : he was thereupon arraigned before thomas earl of warwick , and other justices of oyer and terminer , in middlesex , and tryed by a common jury , and found guilty ; afterward the record was removed to the kings bench , and the bishop put into the marshalsea , and afterward he is brought to the bar , and being asked , if he had any thing to shew why judgment should not be given on him , he pleads his pardon , and it is allowed : see the record of his attainder , hill. . h. . coram rege , rot. . co. . inst. . . inst. . but to come somewhat nearer our times ; fisher bishop of rochester is indicted , arraigned , and tryed by a common jury , for speaking treasonable words against an act of parliament made the of h. . making the king head of the church , and abolishing the authority of the pope of rome ; and was condemned at the kings bench , and executed , br. tit. tryal . inquest . h. . the last that i shall name , is that holy and renowned martyr , archbishop cranmer , who was tryed with lady jane gray , and her husband lord guilford , and two younger sons of the duke of northumberland , ambrose and henry , at guild-hall , before the lord mayor and judges , the third day of nov. in the first year of queen mary's reign , . where they were all found guilty , and condemed of high treason . none of these were executed upon this judgment , except lady jane gray and her husband , who upon a second miscarriage of her father the duke of suffolk , in joyning with sir thomas wyat to oppose king philip's landing , were executed in the tower the th of febr. following : on the th of april following , cranmer , ridley , and latimer , were adjudged hereticks at oxford , and degraded by commission from the pope , and a little after cardinal poole succeded cranmer , who was burnt as a heretick th of febr. . all this is known to those that are acquainted with the transactions of those times ; and therefore it is evident both from the authority of learned men , and the practice of all ages in all times , that bishops have been tryed by common juries : and sure it was not without ground that so grave and judicious an author as camden , should say , that the spiritual lords enjoy all the priviledges that temporal lords do , saving only the business of tryal by peers . having thus proved what i before asserted concerning the tryal of lords spiritual ; i shall in the next place consider the answers that are generally made to these arguments and authorities . those i observe to be principally two : . they will very well agree with those authors that say ; bishops are not to be tryed by peers ; but then ( say they ) it was not for want of peerage , but because they would not be put to answer for any capital crime before lay-judges . . they say , that if it happened that at any time a bishop was tryed by lay-men and by common juries , then they were first degraded . if there were no more to be said for this , the very reading of the fore-mentioned precedents would easily make appear the weakness of these objections ; for it appears by the very records , that their priviledge of clergy was insisted upon , and that with a great deal of zeal and fervency ; insomuch that the passage of the bishop of hereford , is a thing taken notice of in a special manner by all the most famous historians of this nation ; and it is generally agreed , that about fourteen bishops came with their crosses erected to the place of judgment , threatning all people with excommunication that offered to oppose them in that which they intended ; and yet we find that he was not delivered till after he was found guilty : and it 's manifest from all the other precedents , that they were found guilty , and most of them condemned to die upon the verdict of twelve lay-men . but as to the business ▪ of deprivation , you may observe , that throughout the whole records they are named bishops , as episcopus herefordensis , eliensis and roffensis , which could not be if they were degraded ; for then these titles were not rightful additions in law. and although it being evident that so it was de facto , is a sufficient answer to the objections ; yet for more abundant satisfaction , i shall be somewhat more large in this , and shall shew that so it ought to be de jure . in handling this point , i shall consider these following particulars : . to whom this privilegium clericale , or exemption from temporal jurisdiction , ought to have been allowed ? . i shall consider somewhat of the nature of this exemption and immunity , and how far they were exempted from secular power . . i shall examine in what cases it was allowed , and in what , not . . at what time . . upon what account it was that clergy-men were delivered to their ordinaries in those cases where the benefit of clergy was not allowed . and lastly , i shall shew at what time regularly they were degraded . i. as for the first , it was generally allowed to all within holy orders , whether secular , or regular , and in an equal degree to all such , not respecting superiority , or inferiority : the poor country-parson had as good and as large a right to it , as my lord bishop . this is proved , first , from the canons that gave this immunity ; the first ( i think ) were made by pope gaius , and those run ; clericus coram judice seculari judicari non debet nec aliquid contra ipsum fieri , per quod ad periculum mortis vel ad mutilationem membrorum valeat perveniri , &c. see linwood tit. de foro compet . c. contingit . polichro . lib. . c. . of pope gaius , and onuphrius in his comment upon platina , in the life of that pope . therefore seeing he cannot take any advantage of these canons , except as clericus , and must claim it by the same name that inferiour priests do , he must have it in the same degree . but that which is a great deal stronger than the construction of canons , is the confirmation that is made by our acts of parliament ; this priviledge is granted to all that are clerici , or clerks in french , and clergy-men in english ; and to all such indefinitely without distinction , or respect of the several ranks and degrees of men within holy orders : so you will find it in marlebridge c. . west . . c. . art. cler. c. . e. . c. , & . h. . c. . and the rest . so that without all question , a bishop can pretend to no more priviledge than any other clerk causa qua supra . this i thought fit to observe first , because that every authority and precedent that i shall bring of an inferiour priest , is as strong for my purpose , as if it were of a bishop . ii. as for the second point , i shall not need to be very large upon it , but shall observe one thing which will be serviceable to my present purpose , and that is this : that every temporal magistrate and judge of this kingdom , hath , and in all times ever had , by the common law , jurisdiction over every subject in the same degree of nobility that was resident within the verge and local extent of his jurisdiction : this power and authority of his being universal , he was never bound to take notice of the priviledges and immunities of any particular orders and societies of men , if they themselves would not take advantage of it ; so that this same previlegium clericale was no absolute exemption from secular authority , so as to make all proceedings before a secular judge , to be coram non judice : but the end and design of it was , that when any clergy-man was arraigned as a malefactor before a secular judge , then in some cases , before he suffered the punishment that was due by law , he was delivered to his ordinary to make his purgation ; if he could , then his ordinary discharged him ; but if he could not , then he was degraded and sent back to the temporal magistrate to suffer punishment according to his demerits . that the proceedings of a secular judge upon one within holy orders , are not coram non judice , might be proved both out of civilians and canonists ; but that would not be much to the purpose if i should , and therefore i shall forbear ; only shall take notice of a passage in dr. ridley's view of the civil and ecclesiastical law , pag. . if a clerk ( says he ) be first arrested by his spiritual judge , and found guilty , he shall be degraded and delivered over to the temporal power ; but if he be first arrested by the secular magistrate , and tryed , and found guilty , he shall be delivered to the bishop to be deprived , and then delivered back to punishment . the same in effect he saith p. . whereby he doth allow , that according to the ecclesiastical law , the temporal judges were allowed to have jurisdiction over men within holy orders : but let him or any of the civilians or canonists say what they will , it 's no great matter ; we must consider what the law of england saith in this case : for the canons never were in force in england any further than they were voluntarily received , and so transmitted as a common usage or custom to posterity by tradition , and so became part of the common law ; or else were confirmed by act of parliament , and so became part of our statute-law , of which more hereafter . and that by the law of england the proceedings against ecclesiastical persons before a secular judge , are not coram non judice , i prove by these cases : an appeal of robbery was brought against a monk , who was tryed and acquitted ; upon this the abbot and the monk brought a writ of conspiracy against divers who procured and abetted the said appeal : whereupon the defendants appear , and go to tryal ; but the abbot and monk get a verdict and judgment to recover marks damages , co. . inst. . but it is certain , that a writ of conspiracy cannot lye except the plaintiff had been legitimo modo acquietatus , and that he could not be , if the whole proceedings upon the appeal had been coram non judice . so if at the common law a clergy-man had been indicted of felony , and had confessed the fact in court , he could not have had the benefit of his clergy , because the end of granting it , was , that he might make his purgation before the spiritual judge , but that he could not after he had confessed the fact in court. co. ubi supra , stamford . and yet no confession coram non judice is conclusive . all which doth evidently prove , that the allowance of those canons which gave the first birth to this immunity , did not trench to the prejudice of temporal judges , so as to bar them of that jurisdiction which they have over every subject by the common law : and the nature of it will further appear , if we take into consideration the third particular , which is this : iii. in what cases the benefit of clergy was allowable , and in what not ; this immunity was allowed in england long before any statute was made for its confirmation ; it was allowed onely in such cases as were judged reasonable , but never in full satisfaction to the demands of the clergy : kellaway . h. . . b. but the clergy ( as their custom then was ) were willing to improve any concession to their best advantage , according to the common proverb , when they had got an inch , they would take an ell. and to that end did with a great deal of fervency and zeal ( no doubt ) insist upon their priviledge as an absolute exemption from all temporal jurisdiction , to all intents and purposes , extending to all crimes and offences whatsoever , and thundring out excommunications , and such like maledictions , forced some people for quietness sake to comply with them , ( as appears by bracton , lib. fol. . ) to the great incouragement of all sorts of villanies and outrages , and consequently to the grievous oppression and vexation of the subject : for this assurance , or at least hopes of impunity , let loose the reigns of rapine and violence , and was the most effectual course that could be taken for the dissolution of any government , and the utter desolation and ruine of any country whatsoever . to give a check to this exorbitant licentiousness , strict care is taken by the judges and magistrates , that justice be duly executed , and offenders legally punished ; and therefore the privilegium clericale not to be allowed in any case otherwise then according to the ancient custom : hence were the seeds of envy and of a very lasting discord between church and state sown ; nothing but animosities , rancour , revenge and hatred , is the subject of the history of those times , especially the time of thomas beckett : bulls , citations , excommunications , on the one side , and seising of temporalities , imprisonment and banishment , on the other side , were the complements that people were entertained with in those days : these differences grew to such a height , that although through a formal reconciliation , both parties seemed to be pacified ; yet the root of the matter remaining untouched , the fewds break forth , and the matter must be decided by act of parliament : and so i shall by the construction of these old statutes , and other precedents , give a direct answer to the question . . it is undeniable , that privilegium clericale was never allowed to any that were guilty of crimen laesae majestatis : the first statute that we find among the printed statutes , which doth directly speak of it , is westm. . c. . which is declarative of the common law by the express words of the statute , solonque le custom avant ces heures use , but faith not one word of treason , only allows the priviledge in cases of felony , si clearke soit prise pur rette de felony . wherefore this statute being in the affirmative , determines nothing concerning treason , but leaves that as it was before at the common law. not long after the clergy renewed their complaints , and among the rest , complain that secular judges have passed judgment of death upon men within holy orders , and claim their priviledge absolutely and generally in articles several , which they presented to the king in parliament . to this they receive answer by the statute commonly called articuli cleri , in these words : clericus ad ecclesiam confugiens pro felonia pro immunitate ecclesiastica obtinenda , &c. gaudebit libertate ecclesiastica , juxta laudabilem consuetudinem regni hactenus usitatam . this being an answer much like the former , did not sufficiently answer their desires , expressing only felony ; nor on the other side did it hinder the temporal judges from proceeding against them , as against lay-men in cases of high treason , as they had done always before : wherefore they do afterwards , viz. in the th of e. . make a grievous complaint , that the kings judges had given judgment of high treason against houby and cibthorp , priests , and several other religious persons , whereby they were hanged , drawn and quartered , to the great dishononr of the church , &c. to this they have a direct answer by the statutes of e. . c. , & . whereby ( reciting their complaint ) it is enacted and declared , that all clergy-men convicted for treason or felony against any other person than the kings majesty , shall enjoy the liberties of the holy church , &c. and from henceforward ( but never before ) the benefit of clergy was allowed in petit treason , till by , & , & h. . it was taken away ; but high treason is excepted out of that statute of e. . and therefore was ever since punished without the allowance of clergy as it was before : and accordingly the abbot of missenden was condemned to be hanged , drawn and quartered , pro contra factione & resectione legalis monetae angliae , mich. coram rege e. . rot. . and it is taken for a general rule , trin. e. . coram rege , rot. . quod privilegium clericale non competit seditioso equitanti cum armis , &c. thus i have shewn that in the cases of orleton , merkes , fisher , and cranmer , the benefit of clergy could not be allowed by the law of england , they being cases of high treason . but in cases of felony , the benefit of clergy was always allowed , till it was taken away in cases of murder ex malitia praecegitata , poysoning , burglary , robbery , &c. by the & edw. . cap. . & cap. . this is sufficient for this point . iv. the fourth question , at what time the benefit of clergy ought to be pleaded or demanded ? comes to be examined . i conceive , that the common practice both before and after the statute of westm. . was to deliver them to the ordinary after conviction , and therefore they would not suffer them to demand it before : my reason is , because the statute of westm. saith thus ; si clearke soit prise pur rette de felony , & si il soit per l' ordinarie demand , il luy soit livere solonque la priviledge de saint eccl ' &c. solonque le custom avant ses lieures use . this statute grants no new priviledge , but confirms only that which they had before : and as for the time of allowing the priviledge , the words of the statute are so ambiguous , that it is very hard to determine the question from thence ; only the statute refers it to the custom of the former ages : for the priviledge of the holy church is to be allowed solonque le custom , &c. now all the judges of england did after this statute determine , that they would not deliver any prisoner to the ordinary till he was first indicted , and also thereupon arraigned , and till it was inquired by an inquest upon his arraignment , whether he were guilty or not guilty ; if not guilty , then he was discharged without any more ado ; but if guilty , his goods and chattels , lands and tenements were forfeited , and his body delivered to the ordinary : so saith britton , cap. . f. . si clearke encoupe de felony allegga clergie , & soit per l' ordinarie demand , donque serra enquise comment il est miscrue ( i. culpable ) & sil est trovenient miscrue donque il aleraquite . et sil soit & trove miscrue , ses chateux serroient taxes , & ses terres prises in maine le roy , & sen corps deliver al ordinarie . the same you will find in the mirr . c. . co. . inst. . in his exposition upon that statute ; and stamford . and this we must suppose to have been the practice before the statute ; because the statute appoints the ancient custom to be observed , and there were none that knew the ancient custom so well as the judges of those times ; and therefore this determination of the judges was either according to the custom avant ses heures use ( as the statute speaks ) or else it was not according to law : but that is absurd , especially seeing it was not only one resolution , but the constant practice ever since ; for in the record of all indictments of clergy-men , if they refused to answer , but pleaded their privilegium clericale , and were demanded by their ordinary ; the record is entred — sed ut sciatur qualis ei liberari deberat , ( i. whether guilty or not guilty ) inquiratur inde rei veritas per patriam . and in the year-books we have multitudes of cases that do prove it , as you may see in the margent ; the same is proved by the fore-mentioned record of the bishop of ely , e. . and there is a like case , e. . fitz. tit. cor. . and the statute of e. . c. . saith expresly , that all clergy-men convict of treason and felony , &c. which intimates that clergy was not to be allowed till after conviction . and so i have answered what ever they can object against the above-cited authorities and precedents from the benefit of clergy ; and therefore shall now briefly consider the two last particulars . v. in the fifth place i am to consider , upon what account it was that clergy-men were delivered to their ordinaries , in those cases where the benefit of clergy was not allowed : the delivering of a clerk convict to his ordinary , could be only for these ends , either that he might make his purgation before his spiritual judge , or that the ordinary might degrade him , and then deliver him over to the secular power , to be punished according to law as a lay-man , lest scandal and indignity should be put upon the church : the former is onely in cases where clergy is allowed ; for where there is no clergy , there can be no purgation : the latter is , where no clergy can be allowed : the former is de jure , and cannot be denied . i do not mean jure canonico , but is a custom which hath been allowed time out of mind , and confirmed by several acts of parliament ; and for that reason only , i say , it is de jure . the latter is , de gratia , and arbitrary ; for our judges have had such an honour and esteem for the dignity of a priest , that they usually did deliver them to the bishop to be degraded , before the sentence of law was executed upon them . so it is in all cases of high treason , for there being no room for purgation , the judges are not at all obliged to deliver him , but out of favour they were wont to do it , to the end he might be degraded ; and if that custom were still observed , there were no great harm in it : yet in trin. . h. . in spilmans reports we have a case of one george nobles a priest , who was convicted at the gaol delivery of newgate , of clipping the kings coin ; and by the resolution of all the judges , they passed sentence of death upon him before any degradation , and he was accordingly executed in his canonical vestments . in a record upon the parliament , roll e. . rot. . it is to be found , that one walter , de berton was convicted of counterfeiting the great seal ; but the record saith , qui convictus tradatur episcopo sarum qui eum petiit ut clericum suum sed sub pena , &c. & sub forma qua decet quia videtur concilio quod in tali casu non admittenda est purgatio . here it appears a person convicted was delivered to his ordinary in case where there could be no purgation ; and so no benefit of clergy ; and therefore it is evident that it was to the end he should be degraded , and upon that the delivery is with a subpoena , which can be understood no otherwise but that he should re-deliver him . vi. as to the last point , at what time they ought to be degraded , may be determined partly from what hath been said already ; for the end of degradation , is only to prevent that scandal and irreverence which would otherwise be thrown upon that honourable profession , which all sober and true christians are very tender of : and certainly there cannot regularly be any deprivation or degradation before conviction ; for no clerk can be deprived or degraded of any benefice or dignity , except upon full evidence he be found such and such a person as is uncapable of enjoying it . and as a bishop cannot refuse a clerk presented , except there be special cause for it , as criminosus , &c. so neither can he deprive one that is already inducted without special cause ; and in any court of record the cause must be specially pleaded , because it is traversable , co. lib. . . part . fol. . specots case . suppose then that any ecclesiastical person is arrested for treason , the ordinary cannot deprive him , except he first pass sentence upon him , that he is criminosus ; but he cannot pass sentence of deprivation upon him , while he is under the custody of the temporal magistrate , and before he is delivered to him ; for it is the greatest piece of injustice in the world , to condemn a man before he be heard : indeed our law allows that in case of outlawry , but that is when he may appear , and yet after five solemn proclamations , will not ; but it is against the law of reason , and the laws of all nations , to condemn a man that is absent , when at the same time they know he cannot appear ; and therefore no clerk can be deprived till he be delivered by the temporal judge : and i have already proved that there can be no delivery till after conviction ; so that it doth necessarily follow , that there can be no deprivation till after conviction ; and for further confirmation , see ridley , ubi supra , bracton . lib. . fol. . clericus , ordinario traditus si in purgatione defecerit , degradari debet ; fle●● lib. . c. . degradare potest episcopus criminum convictos . whereby it appears , first , that before degradation , they must be allowed the benefit of making their purgation , if they can , and that they have not except they be present when they are condemned . ly , that they must be traditi or convicti before deprivation . the case of a bishop seems parallel to the case of any other clerk ; for the king is patron of all the archbishopricks and bishopricks of england , they being all of his and his progenitors foundation : they must either therefore be donative or eligible ; before king john's time they were donative ; per traditionem annuli & pastoralis baculi : but he by his charter . jan. anno regni . granted that they should be eligible , and therefore were made to be in the nature of advowsons presentable : when therefore the king did nominate or present such a person to the bishoprick , that person could not be refused without some special cause of refusal ; but if it did appear that he was either infamous , irreligious , schismatick , heretick , miscreant , infidel , mere laicus , &c. i conceive he might well be refused ; or else to what purpose issued forth the conge d'eslier ? what signified king john's making them eligible ? and therefore there being the same reason and law of degradation or deprivation after actual investiture , that there is of refusal before : i infer there can be no deprivation of a bishop without cause , and that cause cannot be adjudged to be in him before he be heard , and have the justice to defend himself as well as he can , allowed him ; and consequently no deprivation till after delivery out of the hands of the secular power , which is in no case till after conviction . these particulars explained and proved , will satisfie all those whose sentiments are regulated according to the standard of reason , that there is no strength in any of those objections which some ignorant people do so much insist upon . having thus by the rules of law , the authority of the most renowned authors , and variety of precedents , proved , that a bishop is no peer , in respect to a temporal lord , within the intent and meaning of the th of magna charta : it doth naturally follow , that he hath no right to claim any jurisdiction or right of judicature upon the life and death of a temporal lord ; for otherwise he might suffer death or banishment , or imprisonment , by the judgment of those who are not his peers , contrary to the fundamental laws of england , and the liberties of every subject . and thus i conclude the first point . the second point that i offered to demonstrate , is , that the bishops votings in capital cases , is contrary to the practice of all ages untill this day . in the first place , let us examine how it was before the reign of henry the second : it must not be expected that this should be proved from the records and journals upon the parliament rolls , for their antiquity will not reach so high as to do any considerable service in this matter ; but i shall give the same proof for this , that any man can give for tryals by juries before magna charta ; that is , an act of parliament making recognition of several ancient customs practised beyond the memory of those that then lived ; and that i hope will be sufficient evidence : the statute that i mean , was made at that great parliament which was held at clarendon , the , & of h. . anno dom. . in the preamble it is , recognizantur advice consuetudines , which proves it is declarative of the common law. the eleventh article runs in this manner , archiepiscopi , episcopi , & universa persona ( holding any ecclesiastical dignity ) qui de rege tenent in capite , habeant possessiones suas de rege sicut baroniam , & inde respondeant justiciariis & ministris regis , & sequantur & faciant omnes consuetudines regias , & sicut caeteri barones debeant interesse judiciis curiae regis cum baronibus quousque perveniatur ad diminutionem membrorum vel ad mortem . here is their jurisdiction expresly limited , that it shall not extend ad diminutionem membrorum vel ad mortem . and this act of parliament is declarative of the common law , as appears by the preamble , and the construction of most authors that mention it . in this ( saith doderidge ) certain recapitulations are made of the kings prerogative and his peoples right , then sought to be infringed by the pope and his clergy . so saith my lord cook , . inst. . and selden , titles of honour , . seeing therefore there can be no time assigned when this ancient custom which is here recapitulated , was not , consequently this limitation must be supposed ▪ to be as ancient as their sitting in the house of lords : but to prove that this constitution of clarendon ( as some call it ) is an act of parliament ; matthew paris saith , praesentibus etiam archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus & proceribus regni . roger of hoveden saith expresly , that clerus & populus regni were then assembled , and so mentions it as a full parliament . goldastus constit . imper. tom. . . saith , there were added to the clergy , nobiliores & antiquiores regni . fitz stephens calls it , generale concilium . and lastly , our common lawyers do take it for granted and undisputable . my lord cook in . inst. , and . calls it , the great parliament that was held at clarendon : so bracton , lib. . f. . and this very article above-mentioned is in all the said authors ; and likewise in roger of wendover : but that which is most considerable , is , that we have gervasius doroberniensis , an author that lived in that age , and a person within holy orders too , reckoning this very article among the laws that were made at that parliament , in the . page of his book . but admitting it were no parliament , but only a great councel of peers ; yet that is as well for my purpose , because that the proceedings of such a council are matters of record , and therefore a recognition or declaration of ancient customs , and of the common law made in such a council , is as undeniable proof , as if it were a declaratory act of parliament ; for the force of such an act is only in point of evidence , and doth not enact or constitute any new law. but as there is no question but that it is an act of parliament , the assembly being a generale , or commune concilium , which is always understood of the parliament , co. inst. . a. so except it can be proved this statute was repealed , i have made good my assertion , without saying any more ; for admitting that it had not been so frequently practised , as i in his proper place shall make appear it was ; yet still it is valid and a standing law : for no statute loseth its force by non-user , co. . inst. . although common law , or particular customs , may . but this statute we find was afterward confirmed : for saith roger de hoveden a monk , p. . it was ordained in a councel at westm. that no clergy-man should agitare judicium , &c. and he that did , was to be deprived of his dignity and orders . that these constitutions were punctually observed in after ages , is the next thing to be proved : and the first that i shall mention , is the judgment against the spencers , e. . the lords spiritual did withdraw , as in right they ought . these spencers were men that were great favourites of that king ; for they had succeeded peter gaveston both in the kings favour , and in places of profit and trust about court : and although the lords had then prevailed with the king to consent to an act of parliament for their banishment , yet afterward the tide turned , the spencers were called again to court , and their enemies severally prosecuted ; whereupon the greatest part of them departed from court , and through the interests which the spencers had with the remaining lords , the judgment which stood upon record against them was reversed for several errors ; one of which was , the absence of the prelates : but notwithstanding this , the judgment is afterward affirmed by an act of parliament , in the first year of the succeeding king : vide e. . c. , & . and that the absence of the prelates is no cause of reversing a judgment , see the case of the earl of salisbury ; who in the of h. . petitioned the house of lords to reverse a judgment that was given against the earl his father , an. . h. . and assigns for error , that the lords spiritual were absent : the case was very much debated , and at last it was adjudged no error ; and accordingly the judgment was affirmed . but of this i shall have occasion to treat more at large by and by : see cotton , . anno e. . in the parliament at winchester , die lunepost festum sancti gregorii , the earl of kent was brought before the counts , barons & autres grandees & nobles , in mesme le parliament , &c. for treason , ders . claus . n. . anno eodem , in the parliament at westm. post festum sanctae katherinae ; the articles of treason being read against montimer earl of march , that he had procured the death of the late king , and had under-hand-dealing with the scots at stanhope park , and had been too familiar with the queen-mother , by whom she was thought to have been with child , &c. the king charged les counts , & barons , les peers de son royaume , to give judgment : and then it follows , that judgment was given per les dits counts & barons les peers de royaume , come judges du parliament . ibid. the king commanded les dits counts & barons , peers , &c. to give judgment on simon de bereford . ibid. the king commanded the same against several others , and accordingly john matravers was judged per les peers , counts , & barons , assembles in parliament . and so were four others in the same parliament , all for treason ; and not one word of the prelates , either when the articles were read , or when judgment was given : for it is certain , they are never spoken of in any record , but either by the name of archiepiscopi , episcopi , &c. or prelati , or some such name which doth distinguish them from the laity ; and if they be spoken of , they are always first named and put before les counts & barons ; as at this day , the records are entred by the lords spiritual and temporal , &c. and for these two reasons they could not be comprehended under the general words , et autres grandees & nobles . anno e. . post festum sancti gregorii ; the parliament were commanded to consult of the keeping of the peace , and punishments for the breakers thereof ; and the prelates departed pur ceo que il ne attinet pass a eux consailer du gard de la paix ne de chastement de tiels malefactors : yet afterward they came and gave their assent to an act of parliament for this purpose : the reason of which shall be considered in another place , where we shall discourse of their voting in bills of attainder . by this record it is evident , that the prelates have no judicial power over any personal crimes , which are not parliamentary ; which doth very much fortifie the foundation and ground of my whole discourse . anno r. . the commons prayed that such as gave up forth , &c. puissent estre a respondre a cest parliament & solonque lour desert fortment punis per agard des seigniors & barons . and thereupon several were brought before the lords in parliament , which must be understood of the temporal lords onely , because the spiritual lords are never intended in any case to be mentioned , except they be specially named . anno r. . divers matters of treason were to be treated of , and several lords to be tryed ; and therefore the spirituality did absent themselves from the whole parliament : but before their departure , the archbishop of canterbury , in the name of himself , and all the clergy of his province , made this following protestation : quod archiepiscopum cantuariensem qui pro tempore fuit , nec non caeteros suos suffraganeos confratres , co-episcopos , abbates & priores aliosque prelatos quoscunque baronium de domino rege tenentes , in parliamento regis ut pares personaliter interesse pertinet , ibidemque de regni negotiis & aliis ibi tractari consuetis cum caeteris dicti regni paribus & aliis consulere , ordinare , statuere , definire ac caetera facere , quae parliamenti tempore ibid. intenditur facien ' . quia in praesenti parliamento agitur de nonnullis materiis in quibus non licet nobis juxta sacrorum canonum instituta quomodolibet interesse : non intendimus nec volumus , sicuti de jure non possumus nec debemus : ad haec insuper protestamur & nostrum quilibet protestatur , quod propter hujusmodi absentiam non intendimus nec volumus , nec nostrum aliquis intendit nec vult quod processus habiti & habendi in praedict ' parliamento super materiis aut edictis in quibus non possumus , nec debemus ( ut praemittitur ) interesse quantum ad nos & nostrum quemlibet attinet futuris temporibus quomodolibet impagnentur , infirmentur , seu etiam renoventur . this was read in full parliament , and inrolled at the request of the prelates : and the like was made by the bishops of durham and carlisle : cotton . co. . inst. . from this record you may observe : . that the lords spiritual do acknowledge that they have no right to be present in cases of blood , nec possumus , nec de jure debemus . . you may observe that they did accordingly absent themselves , and did thereby yield obedience to the parliament at clarendon , and the constitution at westm. mentioned in roger hoveden , h. . that clergy-men should not agitare judicium sanguinis ; though they pretended it was in obedience to the canons of the church . . you may observe that they did not stay in the house till they came to the final question guilty or not guilty , but departed at the first beginning of the business , quia agitur de quibusdam rebus in quibus non licet nobis interesse . these short remarks i leave upon it at present , but shall take it more narrowly into consideration , when i come to answer their objections , and shall go on with precedents . in the reign of h. . the earl of northumberland was suspected to have been privy to the rebellion of his son hotspur , who joyned with mortimer earl of march , and owen glendour of wales , in open rebellion . in the of h. . he came and presented himself to the king and parliament , and protested his innocency , and challenged his jus parietatis , and right of tryal by his peers : whereupon the lords ( saith the record ) made protestation , that the judgment belonged unto them onely , &c. the petition being read before the king and the said lords , as peers of parliament , unto whom such judgments do of right belong , considering , &c. adjudged that it was neither treason , nor felony , &c. this was the first process that was made against the earl ; but it doth not evidently appear whether they were present or absent , the roll being lords indefinitely ; yet it is most probable that it is meant temporal lords onely . . if the spiritual lords had been present , they would have been named by a special name , as they are in all other rolls . . we find the lords temporal in other cases of life ▪ and death , claiming the same jurisdiction as belonging to them onely exclusively of the clergy . anno e. . judgment was given per les countes & barons , les peers de la royaume , come judges du parliament . but i shall leave this , and come to the process which issued forth against him afterward , for the earl being acquitted , returns home , and within a very little time hath a considerable army in the field , together with the archbishop of york , lord bardolfe , and others ; but their army soon disbanding , the earl of westmerland comes with a considerable strength for the king , and takes all the lords prisoners , except northumberland and bardolfe , who fled into scotland : whereupon hen. . rot. processus coram domino rege in parliamento , &c. the king commanded the lords temporal peers of his realm to advise what process to make , and what judgment to render against the earl of northumberland , and the lord bardosse ; and then the record goes on thus : and then the said lords advised thereon , and reported their opinion to the king. — the said lords peers of the realm , by the assent of the king , ordained that proclamations should be made for the said earl of northumberland , and lord bardolfe to appear , or else to stand convicted of high treason by the award of the peers in parliament . the king did further demand the opinion of the said lords temporal , touching the archbishop of york . — vnto which the lords temporal said , &c. by advice of the said lords temporal , the returns of the former proclamations were made at the parliament-door , for the said earl and lord to appear . by advice of the said lords temporal , with assent of the king , the former proclamations were examined . — the said lords temporal considered of the errors therein , &c. by the said lords temporal , with assent of the king , by their authority new proclamations were granted . — whereupon the said lords temporal then being in the same parliament , by advice and consent of our lord the king , and by their authority in pa●●●●●● ▪ awarded the said earl of northumbeland , and the lord bardolfe , not appearing upon their summons , to stand convicted of high treason , &c. here we see all was done by the temporal lords , from the first beginning of the process until the judgment , and yet it is said to be awarded by the peers in parliament , although the spiritual lords are not so much as once mentioned , and consequently were not present , at any time whilst that matter of treason was handling . to enumerate all the instances of this nature , and to transcribe all the records of attainders in parliament , where the names of the lords spiritual are left out , which infers of necessity that they were absent ; would swell out this treatise into a greater bulk than either i intend , or then is in its self convenient . these are sufficient to prove that obedience was yielded to those laws and constitutions of this land , which were made for this purpose . i will mention one precedent more , and that is the earl of strafford's case , caroli : the bishops declined their suffrages on the tryal of the earl of strafford , according to the provision of the canon law , and the constant practice to this day : ( says baker , ) and therefore withdrew : but they desired a protestation that their absence should not prejudice them of that , nor of any other priviledge competent to them , as the lords spiritual in parliament , might be entred ; which was done accordingly . it may be objected , that this is not to be made use of as a precedent : that ( i answer ) is true as to the matter of the charge , and the nature of the crime that he was impeached for ; no man must by colour of that act be adjudged a traytor , that doth those things which the earl of strafford did : but as to the course of proceedings , and all other circumstances of the method , it is well enough ; for nothing was done in that but what was warranted by precedents and constant practice in parliament : and this difference doth appear from the proviso in the bill of attainder , for that is no more but this : that no judge or judges shall hereafter interpret any act or acts to be treason , in any other manner , than he or they should or ought to have done before the making of this act ; and any thing contained in this act to the contrary notwithstanding . so that the proviso extends only to the crimes , but not at all to their manner of proceeding . from the consideration of these things , that allegation which is made by some , that they were wont to sit till the final question , guilty or not-guilty ; were put , will plainly appear to be altogether groundless : because first , if they have not parity sufficient to entitle them to any jurisdiction in cases of life and death , as i have endeavoured to shew that they have not , in the former part of my discourse ; then it is evident , that they cannot exercise any judicial power at all , neither in things praeliminary to the judgment , the judgment it self , nor in things subsequent to the judgment : all which do fall within the conusance of judicial power , and do belong to the office , power , and jurisdiction of a judge . for so saith magna charta , nemo imprisonetur , &c. nisi per legale judicium parium suorum , and yet imprisonment is a thing praeliminary to judgment : the office of a judge is to hear first , and then determine , oyer and terminer ; but if any man be not duly qualified to be a judge , then he hath as little power to hear the cause , or act any thing in it , as to determine it . secondly , the constitution of clarendon , saith , debent interesse judiciis curiae domini regis quousque perveniatur ad diminutionem membrorum vel ad mortem . this must either be understood to comprehend all precedent and praeliminary things , which do relate or tend ad diminutionem membrorum , &c. or else if we take the words strictly and literally , we must understand the meaning of that great assembly to be onely for the exemption of prelates from doing the office of executioners ; which is non-sense : by diminutio , &c. therefore , or mors , we must understand things conducing and tending ad diminutionem , &c. or ad mortem . the constitution at westminster is much plainer , non debent agitare judicium sanguinis ; the meaning is plainly this , that they ought not to exercise any judicial power in cases of blood : but a man may exercise judicial power agitare judicium ; or do the office of a judge in a great many things that are both precedent and subsequent to the judgment ; as awarding of process , receiving the charge , &c. therefore the bishops ought not to have any praeliminary vote which hath any tendency or relation to a judgment of death . thirdly , when ever the clergy , in obedience to these constitutions , did withdraw , they left the whole management of the business from the beginning to the end to the lords temporal , as appears from the entry of the records : so it is e. . in the earl of kents case ; he was brought before the counts and barons , &c. for treason : in the same year the articles were read against mortimer , and the king charged les counts & barons , to give judgment upon the said articles . the same was in the case of simon de bereford , matravers , and others in that year : r. . the prelates departed from the house at the first motion about the appeals , and did not stay so much as till the articles were read . in the earl of northumberlands case , it appears , they had not so much as one vote from the beginning to the end of the whole proceedings , and the sole management of the case was by the award and judgment of the lords temporal . in the of r. . the prelates gave their opinions generally , that pardons were revocable , but after they had done , they departed the house , and would not consent so far to the death of a man , as to give a particular vote , when the question was put , whether the pardons of the duke of gloucester , and the earls of arundel and warwick were revokable : baker . and indeed if they should have been permitted to vote about their answers , &c. it would quite frustrate and elude the design of the prohibition ; for somewhat or other might happen to be put to the vote in their presence , concerning the answer , replication , &c. or concerning the form and method of judicature , upon which the whole business would depend ; and by the voices of the spiritual lords that vote it , might pass against the major part of the temporal lords , and so the whole business lost , and the expectation of justice frustrated ; so that it is highly reasonable , that if they be absent at all , they should be absent , dum de hujusmodi materiis agitur . having thus by reason and authority established the truth of those propositions which i at first laid down , i shall now examine the strength of those arguments , whereby my adversaries do support themselves , and maintain the jurisdiction of the lords spiritual in capital cases . and . their grand objection is , that they never absented themselves when capital cases were debated , upon any other account , then because they were prohibited by the laws of the holy church , to consent to the death of any man : and accordingly they made their protestation , r. . when they departed the house , juxta sacrorum canonum instituta non licet nobis interesse , &c. and such a voluntary departure for conscience-sake ( say they ) lest they should concern themselves in the effusion of innocent blood , could neither conclude themselves nor their successors from claiming their right to be present by the fundamental law of the land , as peers of parliament . here lies their strength , and therefore a solid refutation of this will remove all manner of scruple , and discover the vanity of their pretensions to any jurisdiction of this kind : therefore in answer to this , i shall offer these following considerations : . what-ever was the reason that induced them to absent themselves when such matters came to be debated ; yet it is manifest from what hath been said , that there was an act of parliament ( to which they were obliged to give obedience , as well as the canons of the church ) that did expresly prohibit them to exercise jurisdiction in those cases : and although they did say that their departure was in obedience to the canons of the church , yet without doubt we ought to construe their departure to be also in obedience to the laws of the land : for the case at the most favourable representation , is no more than this ; the same thing is both prohibited by the law of god , and the law of man ; those who forbear from the thing prohibited , do say they do it , because they are so commanded by the law of god , and say no more : in this case we cannot construe , that either the law of man doth lose its force and obligatory power , or that those persons who said they forbore from the thing prohibited in obedience to the law of god , did either not obey , or disobey the law of man ; i mean , in foro hum ano . if then the prelates in former times did give obedience to the laws and constitutions of this nation in this particular ; much more ought their successors , whose principle is strict obedience to the government of the kingdom and perfect submission to the higher powers . the truth is , it was a happy thing that in the days of their predecessors , the law of the church , and the law of the land did so well agree in this particular ▪ and if you would consider the humors and principles of the men , you would not wonder so much at their non-acknowledgment of the laws of the nation , when they could secure themselves against the compulsion of them and punishment inflicted by them , without making any such acknowledgment . it is not strange that those men , whose zeal for religion was seen most in their contentions and wranglings with the civil power ; and who thought that obstinacy and disobedience to regal authority , and the laws and constitution of the government , where they thwarted the ambition and grandeur of the pope and his clergy , was the most certain way to merit canonization ; and that beckett and stratford , and the rest of that rebellious and disobedient tribe , were the mightiest saints that ever lived upon earth . it is not strange that those men that would trample all humane laws under their feet , if dissonant to the canons of the church , should pretend , that when the canons of the church did agree with the laws of the land , they yielded obedience to the canons of the church , without taking notice of the laws of the land. and indeed it was an extraordinary specimen of candor and modesty , that they did with so fair a pretence save themselves from the inconvenience of acknowledging the temporal power in the limitation of their honour and jurisdiction , which they were never known to be very forward to do : but god be thanked the times are turned , we have reason to expect more humility and loyalty from our now spiritual fathers , whose principles do not allow them in the least opposition to lawful authority , and who it is to be hoped will never insist upon any thing , except they think that by the law of the land it is their right . secondly , although they pretended that their departure from the house during the debates of capital matters , was in obedience to the canons of the church ; yet it is more than probable , that the consideration of the law of england by which they were compellable to depart , whether there had been any such canons in force , or not , was the strongest reason why they did with-draw , and that for these two reasons : . because it is observable , that if those in whose power it was to dispense with their disobedience to the laws of the land , did at any time give way to their presence or consent , that they should exercise judicial power in those cases , then the lords spiritual used generally to make bold with the canons of the church , at least 〈◊〉 vice : how then can it be supposed , that at other times when there was no such licence or dispensation , their departure was onely because of the canons of the church ? that record of . r. . where they did consent to constitute a proxy , who should in their name agree , or disagree to any judgments of death that should be given in that parliament , is very considerable for this point ; for in that case they gave authroity to another to do a thing which was unlawfull for them to do themselves , and it was done , because the king and parliament being the fountain of law , and having power unica vice , or more , to dispense with any law , at least such as come not within the conusance of any other court beside themselves , did give them leave so to do : whereas without doubt , the passing sentence of death upon a man by proxy , was as great a violation of the canons of the church , as if they had been personally present , and had passed judgment themselves : for can any man rationally suppose , that the clergy were so tender conscienced , that they should not agree to the effusion of any mans blood themselves , and yet that their consciences would allow them to authorize another in their name and place , and by their authority to consent to it ? as if it were not the same thing in point of conscience for me to kill a man , as it is to procure another to do it : and so in point of law , that which i am prohibited to do my self , i am also prohibited to impower another to do ; because that which a mans servant , procurator , or attorney , doth by the command , and by vertue of the authority of the master , is in judgment of law and conscience interpretatively the act of the master himself : and the constituting a proxy in their names to give judgment of death by vertue of an instrument under their hands and seals , will further appear to be a breach of the canons , if you consider the letter of the canon made , anno . in the reign of h. . which you may find among the constitutiones archiepiscopi stephani in linwood , f. . — authoritate quoque concilii districtius inhibemus ne quis clericus beneficiatus aut in sacris ordinibus constitutus litteras pro poena sanguinis infligenda scribere vel dictare presumant , vel ubi judicium sanguinis tractatur , vel exercetur intersit . from this canon i conclude , that clergy-men ought neither to be present themselves , nor depute others per litteras , to be present pro poena sanguinis infligenda . we have likewise a very pertinent observation upon this matter in an ancient ms. chronicl . in libro mailrosso , which hath written very largely of this parliament that was held r. . wherein the prelates are blamed for that opinion which they gave generally about the revocation of pardons , because the consequence thereof was the death of those whose pardons were revoked : dederunt ergo locum ( saith the book ) prelati judicio sanguinis in hoc facto . ita quod debitatur a pluribus si non incurrerent irregularitatem pro negotio memorato , unde contigit quod propter istud minus peccatum inciderent in aliud majus peccatum consequenter , ut laicam personam constituerint procuratorem pro eisdem , qui illorum vice consentiret adjudicium sanguinis dandum in dicto parliamento si necess● foret & occasio emersisset , &c. so that upon the whole matter , it is irrational to think that their departure from the house ever before this , was meerly in respect of the canons ▪ when we see that the first offer of the king and parliament to admit them to the exercise of jurisdiction for that time , was by them kindly accepted with a non obstante to the canons of the church . it is true , the giving judgment of death by proxy , was as great a violation of the laws of england , as of the canons of the church : yet inasmuch as consensus tollit errorem , it was for that time well enough . . this is further illustrated , if you observe that in those cases to which the prohibition of the law did not extend , they made no scruple of sitting and voting , although their voting in those cases was against the canons of the church . this may be instanced in the cases of bills of attainder : for although the canons do prohibit them from voting in such cases , as much as any case whatsoever ; inasmuch as in passing the bill , they vote , that the person is guilty , and shall stand actually attainted of high treason , and shall be deemed and adjudged a traytor , and shall suffer as in cases of high treason , &c. yet they do generally vote , because that the prohibition of the law doth not extend to voting in bills of attainder , seeing that is not agitare judicium , but onely legis lationem , what they do in that case is not judicially , but onely the exercise of their legislative power ; otherwise the house of commons would make themselves judges , and would challenge a judicial power in the tryal of any lord , seeing in passing bills of attainder they do every whit as much as the bishops ; for they vote that he is guilty , &c. and that he shall be adjudged a traytor , &c. and the act of parliament runs , be it enacted by the king , the lords spiritual and temporal , and commons in parliament assembled . for these two reasons i think it very improbable , that the canons was the onely cause why the prelates did depart the house when capital cases were debated : but that the weakness of their objection may further appear ; i answer , thirdly , although we should admit that the canons of the church were the first occasion of the beginning of this custom among us , and that those histories and chronicles which inform us after this manner , do say true , yet this is no argument against the validity of a standing custom , the commencemant of which is not upon record : for histories and chronicles are not matters of record , neither are they in law such strong and undeniable proof of the beginning of any usage , as to make it no custom ; neither are the canons of the church matters of record ; and therefore cannot prove that there was no such custom before the making of those canons . seeing then it is without doubt that there was a custom that the prelates should not exercise jurisdiction in capital cases , and there is no record that doth mention the time when it did begin , nor any time when it could be said , there never was such an usage ; it must of necessity be supposed that it is as ancient as the government it self , and part of the fundamental contract of the nation , whereby their jurisdiction was originally limited that it should not extend to such and such cases . so that i do not argue from the validity or invalidity of those canons , nor from any construction that may be made upon the letter of the canons , but insist upon it as part of the common law of england , and do absolutely deny that it had its original and force from any authority that the pope of rome with or without his council , or a convocation of the clergy in england had , to impose laws upon us ; but affirm , that its force and obligatory power did solely arise from the voluntary reception , approbation , and usage allowed by the people of england , which being by them transmitted to posterity , is a thing reputed to have been used and practised time out of mind , and is thereupon ranked among the common laws of this kingdom ; which are no more but general usages or customs of general concernment to the whole nation in things of temporal conisance , first upon reasonable considerations by consent allowed , and then transmitted as a tradition to posterity , by whom they are supposed to have been in ure ever since it was a nation : but this matter of judicature in capital cases is a point of temporal jurisdiction in a temporal court ; viz. the high court of parliament , and therefore of temporal conisance : the departure of the clergy when such cases came to be debated , hath also been an interrupted practice for many ages together ; yea and most strictly observed in the first ages , whose transactions are recorded ( as hath been already proved ) and it is impossible by record to trace it to its first original : therefore it agreeing with every part of the definition of common law , is part of the common law it self , and doth consequently bind all subjects to its observation as a standing law , not alterable any way , but the same way it at first took its force , that is , by general consent , according to the maxime laid down by my lord cook , in his . inst. . b. whatsoever was at the common law , and is not ousted or taken away by any statute , remaineth still . and although this practice that was enjoyned by these canons , was here allowed and observed , yet that observation was not out of respect to the canons as such ; but as they did command such things as were judged rational : and it had been the same case if the custom had begun in england in imitation of other countries , as it is upon the account of the canons : for though the bishops of rome claiming an universal and absolute power of legislation , in ordine ad spiritualia , over all christendom , took advantage of every opportunity that offered it self for the obtaining of this right , which they pretended was jure divino , and in right of their vicarship due ; yet knowing that princes would not so easily part with the jewels of their crowns , in suffering their people to be in subjection to the laws and constitutions of any foreign prince , in things which either directly or indirectly did affect their temporal possessions , they thought it necessary to manage their business with all imaginable artifice and cunning , by bringing the laity to the humour by degrees ; and accordingly did at first collect certain rules and directions for the government of the clergy onely , which were called decreta , first published in england during king stephens reign ( as some do think , though others reckon it was long before ) but never throughly observed in england , kellaway . h. . . but having got a small incouragement by the reception of these rules in many countries , they thought they might venture a little further , and then would have the laity as well as the clergy , to give obedience to their edicts : but that must be first in some inconsiderable indifferent things ; as abstinence from meats , &c. and did not style them with the lordly name of leges , but with a great deal of meekness and humility , and the complement of servus servorum dei , did offer to their consideration certain rogationes ; whence the abstinence-week before whitesunday was called rogation-week , as m●●silius pat. lib. defensor . pacis , part . . observes ; christians having out of piety and honour for his holiness , yielded obedience to these same rogations , they made bold to proceed one step further ; that is , they together with their councils made certain orders or decretals about temporal matters , ( but in ordine ad spiritualia too ) when these came first into england : see matthew paris , . to these decretals obedience was required from prince and people , and all contumacious and obstinate delinquents were most severely anathematized : the decretals were such as these , that any clergy-man that was grieved by a judgment or sentence in the court-christian , or any other court ecclesiastical within this realm , might be relieved by an appeal from rome ; that no lay-man should have the disposition of any ecclesiastical preferment , nor the presentation to a church ; that he shall not marry within such and such degrees ; that children born before espousals ▪ be legitimate ; that the clergy should be absolutely exempted from secular power , &c. yet these decretals met with very little respect in england , france , or any other part of christendom , except peter's patrimony in demesne , the popes own territories , called by the canonists patria obedientiae . for in england ( to wave any discourse of the laws and customs of other countries ) in stead of being received and observed according to expectation , they were stoutly opposed by the judges and magistrates , as derogating from the soveraignty and prerogative of the king , and tending to the detriment of the rights and properties of his subjects : and in confirmation of this , several acts of parliament were made to curb the insolence of those usurping popes , and to punish the audacious enterprises of those factious and disloyal subjects , who did presume to attempt to controll the judgments that were given in the kings courts by process from the pope ; or to procure provisions and reservations of benefices by bulls or breve's from rome : see e. . c. . e. . c. . e. . c. . r. . c. . whereby such suers of appeals , and procurers of bulls and process from rome , for the purposes aforesaid , are made liable to the penalties of a praemunire , whereby the body of the offendor is to be imprisoned during the kings pleasure , his goods forfeited , and his lands seised into the kings hands , so long as the offendor liveth . how far the benefit of clergy was allowed , i have already shewn ; and as for the matter of legitimation , you may see the statute of merton , c. . et rogaverunt omnes episcopi magnates ut consentirent , quod nati ante matrimonium essent legitimi , sicut illi qui nati sunt post matrimonium quantum ad successionem haereditariam , quia ecclesia tales habet pro legitimis . et omnes comites & barones responderunt quod nolunt angliae leges mutare , quae hucusque usitatae & approbatae sunt : vide e. . . a. all which statutes are declarative of the common law , and therefore do prove that the people of england were never obliged to allow of any decrees of councils or canons of the church , further than they judged it fit and convenient so to do ; which arbitrary reception , together with a transmission to posterity , did of it self make it one of the laws of england , which continues in force ( though the councils or convocations should afterward repeal their decrees ) till they be altered by act of parliament , co. . cawdries case . davies reports , . the case of commendam : and the preamble to the statute of dispensations and faculties , made hen. . c. . which runs in this manner : whereas this his majesties realm , recognising no superiour under god , but onely his majesty , hath been and is free from subjection to any mans laws , but onely such as have been devised , made , and ordained within this realm , for the wealth of the same , or to such other as by sufferance of the king and his progenitors , the people of this realm have taken at their free liberty by their own consent to be used among them , and have bound themselves by long vse and custom to the observance of the same , not as to the observance of the laws of any foreign prince , potentate , or prelate , but as to the customed and ancient laws of this realm , originally established as laws of the same , by the said sufferance , consents and customs , and none otherwise . and so it is in co. rep. . ● . part . fol. . all canons , constitutions , ordinances , synods , provincials , &c. are inforce that have been by general consent and custom within the realm allowed , and so may be general consent be corrected , enlarged , explained or abrogated . seeing therefore it is evident from what hath been already said , that those canons and constitutions of the church concerning judicature in matters of blood , have not onely been practised and allowed in this nation successively for several ages together , beyond all time of memory , but also ratified and confirmed by act of parliament ; it follows , that they have the force of laws of england , and are not alterable without an act of parliament ; as the twelve tables of athens did really become , and were properly called jus civile romanum , after they were voluntarily received and allowed at rome : and as the same may be instanced in some parallel cases among our selves , as the priviledge of clergy , pluralities , and dispensations , &c. which were parts of the common law of england , although they became such no otherwise then by the nations reception and observation of the canons of the church . lastly , i am not apt to believe that this custom was taken up upon the account of the canons of the church , but rather because it was a thing agreeable to the constitution of the government , the reason and rules of the common law , and the nature of their jurisdiction and honour , being meerly praedial or feudal ; and that because upon a strict search it will be found of ancienter date than any of the canons of the church ; for the first canon that i find in linwood is that which was made an. . and is among the rest of the constitutions of archbishop stephen in these words ; presenti decreto statuimus ne clerici beneficiati aut in sacru ordinibus constituti villarum procuratores admittantur , videlicet ut sint seneschalli , aut ballive talium administrationum , occasione quarum laicis in reddendis ratiociniis obligentur , nec jurisdictiones exerceant seculares praesertim illas quibus judicium sanguinis est annexum authoritate quoque concilii districtius inhibemus ne quis clericus beneficiatus vel in sacris ordinibus constitutus litteras pro poena sanguinis infligenda scribere vel dictare presumat , vel ubi judicium sanguinis exercetur intersit : linwood , . which constitution was made above fifty years after the parliament at clarendon , which confirms this custom , and calls it one of the avitae consuetudines . these particulars well considered , will give a very satisfactory answer to their objection , and therefore i need not say any more . but it is further objected , that the clergy in their protestation which they made r. . do declare , quod ipsos personaliter interesse pertinet , ( and so they did in some protestations which were made afterward ) and after all they do insert this clause , non volumus nec intendimus quod processus habiti & habendi , &c. futuris temporibus quomodolibet impugnentur , infirmentur , seu renoventur . from this they argue , otherwise all the proceedings of the house of lords in the absence of the clergy , are invalid and reversable , or else to what purpose is this clause : and the lords temporal giving leave that this protestation should be entred upon record , did implicitely assent to what the clergy alledged therein . to this i answer , that a protestation in its self is no argument of any right neither doth the permission and allowance of any protestation , yield that right which the protester is desirous to save , but only saves the right which the party had before , if he had any ; and if none , then the making that salvo could give him none ; for the outmost that a protestation can do , is to anticipate a conclusion , or estoppel ; i. e. to provide that the doing of any such act as is contained in the protestation , shall not be constructed to the prejudice of the party ; so as to barr or conclude him from clayming afterward that which in rei veritate is his right . so that this protestation of the clergy is no argument of their right to be present and to vote in capital matters ; and that chiefly for these two reasons : . by the roll we find that the clergy did not only depart when capital cases were to be debated , but also in all other cases that were done that session ; because there were many matters of treason to be handled , therefore they absented from the parliament altogether : so it is in sir. rob. cotton's abr. . so that this protestation may very well be supposed to have been made with respect to those other matters which were not capital , where they had an undoubted right to be present , and therefore such a protestation might be very proper ; and not to have any respect to those cases which were capital , especially seeing they did alwaies in such cases absent themselves in former times without making any protestation . . admitting that the clergy did intend that capital cases , as well as others which were not capital , should be within the salvo of their protestation ; yet nothing can be inferred from thence , but that they themselves said they had right to be present , and what then ? must it of necessity follow that they had right because they claimed it ? if that consequence had been allowed to be good , i am afraid the crown of england had been incorporated long ago into the triple crown . as for that clause of the protestation for the validity of all such transactions as should happen to pass in their absence , i must confess i do not think it was to very much purpose . . because that without any proviso the proceedings of the house of lords in their absence , had certainly been valid enough , as i shall prove anon . . if they had not been good , this clause could not have helped them ; because wherever the assent and agreement of any person or persons is requisite for the perfection of a thing , it is necessary that that thing to which the assent is requisite , be in esse at the time of the assent made ; for otherwise it is an assent to nothing , and that is as much as no assent at all : if therefore the assent of the prelates be indispensably necessary to the perfection of every judgment and bill that passeth the house of lords ; such a precedent assent to all that shall pass , during their absence in general , which is an assent to they do not know what themselves , will not amount to a sufficient agreement ; the reason is , because the law of england doth presume that in all private transactions between party and party , and much more in things of publick concernment and of so great moment , as making of laws and giving judgment of death uppon peers of the realm , whatsoever a man doth is upon rational inducements , and that the conveniency and advantage which he expects will accrue thereby , is the motive that prevails with him to agree●●… the thing ; and therefore all such agreements as are made at aventure , when the party agreeing knows not what it is he agreed to , ( as when a man agreeth to a thing before it be in esse ) are rejected in law as irrational and 〈◊〉 : so if a tenant comes and say to his lord , i agree to all grants which you shall hereafter make of the manor , or any part of it ; surely this without a subsequent agreement to every particular grant , will not 〈…〉 attornement . and at the common law , licences for alienation , granted to tenants , were alwaies special ; and a general licence to 〈…〉 which the tenant should afterward make , was void . and if such an agreement of the lords spiritual , as is before described , be sufficient 〈…〉 judgment or bill which shall pass the house of lords ; then they may 〈◊〉 say that the whole house of lords may depart from parliament , and agree before hand in the same manner to every bill which shall 〈…〉 house of commons , and these with the royal assent shall be good laws ; especially if it be , as they say , that the clergy is one of the three estates of parliament . but then you will demand , why should the house of lords ▪ suffer these things to be entred upon the roll , if they did not think that their claims were legal ? &c. to this it may be answered : 〈…〉 is only a register or narrative of all the matters of fact that passed in the house of lords , and although the entring of a passage upon the roll makes is so authentick , that the matter of fact ( viz. that there was certainly such , a passage ) 〈◊〉 undeniable ; yet it doth not follow that every thing that is entred upon the roll , is good authority for matter of law , except it appear by the roll that it was taken for law by the vote and resolution of the house ; and therefore although the house of lords did suffer this protestation to be entred upon the roll , yet it doth not follow that they did allow that every thing that the 〈◊〉 said was 〈◊〉 but only allowed it to be true , that the protestors did say so . and besides the ●●tring of a protestation is a thing which is always reckoned the best expedient for reconciling of differences when begun , or preventing of them before they are begun ▪ or at least for diverting them till a more seasonable time , when the putting of the matter to a tryal , would either prove dangerous , or expensive of more time , than the urgency of other more important affairs , then to be managed would allow and therefore the request of entring their protestation , is never upon any account whatsoever , denied to those who have not a mind to be concluded by the then proceedings ; and if there be any thing contained in the protestation that is of an ill complexion in the judgment of the house , either as tending to the diminution of the kings prerogative , the authority of parliament , or otherwise ●●●●…ying the constitution of the government ; the pr●●●●●● ion is allowed to be entred first , and the protestors punished for it when they have alone . we find in the reign of rich. ; two bills passed the house of commons , the one against provisors , the other against procurers of process from the court of rome ; these bills were violently opposed by the clergy in the house of lords , but notwithstanding the bills passed the house , the clergy in a great rage depart the house , and protest against the bills , as abridging the authority and priviledges of the holy church ; which the lords suffered to be entred , and yet did not agree to those allegations of the clergy ; for the royal assent was given , and they were always accounted good and firm laws , r. . c. , and c. . we find also that in the time of his late majesty , twelve bishops departed the house , and protected against 〈◊〉 orders , 〈…〉 &c. that should be made in their absence , which protestati●●… at their request was entred upon the journal , and 〈◊〉 was so far against the sense of the house , that they voted it prejudicial to the government , and destructive of the very being of parliaments ; for which some of them were put into the t●●…er : this i mention , to shew that although the matter of protestation do 〈…〉 thwart the genius and disposition of the whole house , yet the request of having ●…ntred , is never denied . in the next , place , i shall consider the roll of rich. . where the first petition that the commons made that parliament to the king , was ; for that divers judgments were heretofore undone , for that the clergy were not present , the commons prayed the king , that the clergy would appoint some to be their common proctor , with sufficient authority thereunto . — the prelates therefore being severally examined , appointed sir thomas de la percie their proctor to assent , as by their instrument appeareth . thus was the practice of constituting proxies begun . it is apparent to all men of common sense , that if the clergy were forbidden to give judgment of death by any law or rules whatsoever , that law was violated by their constituting a proxy , as much as if they had been personally present : whether or no their personal presence was prohibited by the law of england at this time , i leave to the judicious reader to determine from what hath been said before : if they were prohibited , then certainly this petition of the commons was unwarrantable , and contrary to law. it is not impossible that the house of commons being but fallible , men spurred on by too precipitant a zeal and eagerness for the accomplishment of a business , should be endeavouring to make sure work , fall inconsiderately into another extream , and through the want of due examination of precedents , become guilty of a mistake . i shall not trouble my self much in discoursing about the possibility of the thing , for i shall make appear , that it was actually so in our case : for , . that which was the ground of the petition of the commons ; viz. that divers judgments have been heretofore undone , &c. was a palpable mistake de facto : it is true , the two judgments that were given against the two spencers , e. . were reversed for this cause , through the great favour and interest that they then had at court : and there is no question , but these two judgments were the ground of the commons petition made . r. . for there are no other judgements to be found that were ever reversed for this cause ; but how well their petition was grounded you may learn from 〈◊〉 e. . c. . where this same judgment is declared in parliament to be good , and that the aforesaid reversal was null and void ; and the two spencers upon this affirmance of the judgment were executed . i suppose if the forwardness and zeal of the commons had given them time to search the records with so much diligence that they might have found this , they had not said ; for that divers judgments have been heretofore undone , &c. . that in point of law the absence of the prelates makes not a judgment erronious , besides the authority of that record , e. . is further proved : . from the earl of salisbury's case , . h. . who petitioned that the judgment that was given against his father might be reversed , and assigns for errour , that it was not with the assent of the lords spiritual , who are peers of the realm : the house of lords upon debate resolved , that it was not errour , and therefore the judgment was good . ly , if the consent of the clergy be absolutely necessary to every judgment that passeth the house of lords , then consequently it must be necessary to every act of parliament : there can no manner of difference be assigned between the two cases as to this matter , for their power and jurisdiction in legislation , is every whit as ample as their power of judicature ; and therefore their concurrence is equally necessary in both cases . but it is a thing of dangerous consequence to assert , that an act of parliament cannot be made without the consent of the clergy , for it will make some of the best laws that ever were made in england before the reformation , and which have ever been to this day accounted firm and established laws , of no force at all . most of the statutes of mortmain were made against the will of the clergy , and their dissent is recorded . the statute de a●●…rtatis religiosorum , is enacted by the king , de concilio , comitum , baronum , magnatum , procerum , & regni sui constatuum in parliament●… , &c. and yet proved by my lord cook in his exposition of this statute to be a good law , from the testimony of many records and acts of parliament that recite this statute . the statute of rich. . c. . was made against the clergy , for the ill disposition of dignities , offices , canonries , prebends , and parsonages , and other ecclesiastical preferments , upon lewd and licencious persons , to the scandal of religion , and the neglect of divine service , &c. the clergy being somewhat displeased that any should undertake to reform them , at the first reading of the bill departed , but notwithstanding the bill past , and is said to be enacted by the king , nobles of the land , and the commons , leaving out the clergy : and yet this hath been allowed for an established law by all the judges . see roll r. . n. . — . the statute of r. . c. . was made to impower justices of peace to enquire of several grievous extortions committed by the bishops and their officers , to the great grievance and oppression of the kings liege people , &c. the bringing in of this bill offended the clergy more than the former , insomuch that they left the house in a great huff , protesting against the bill as injurious to the franchises and jurisdiction of the church , yet notwithstanding it passed into a law. the clergy were absent all the parliament that was held r. . and yet divers good and profitable laws were made that parliament never questioned for their validity , but always put in use , as r. . c. . about merchants , c. . concerning the granting of annuities , c. . concerning new impositions , c. . of assizes ; and several others made in the absence of the clergy . i might for this enumerate all the statutes of provisors and the statutes of premunire , for suers of appeals , and other process from rome , as e. . c. . and . where the names of the clergy are left out : and rich. . c. . and c. . where they were so far from assenting , that they entred protestations against them , because they abridged the popes authority , as is before observed : and the r. . c. . passed against the will of the whole clergy . and so the statute that was made in the same year about the queens marriage , without the kings consent , was made without the concurrence of the clergy ; for their assent to it was special in this manner : so far as it is agreeable to the law of god and the holy church . which being conditional and under a restraint , was according to the course of parliaments accounted as no assent at all , and so it was specially entred ; and yet none did ever question the strength and force of this act. these statutes being allowed by the judges of england as good and authentick laws , although they were not agreed to by the lords spiritual , do prove that the concurrence of the lords spiritual is no more necessary to the essence and perfection of an act of parliament , than the concurrence of as many temporal lords . upon the whole matter , it appears to have been a very strange and unaccountable over-sight in the house of commons at that time , that they should be the first introducers of an innovation upon so false a ground as theirs was . but however this practice being built upon so sandy a foundation , it seems had , no long continuance ; for there doth not occur in any author , nor in the abridgments of the records , any mention of more than two proxies ; the first was sir thomas de la percie , the second was sir william de la scroope , who immediately succeeded him in this his new office : but seeing it is rash to assert a negative in a matter of fact , it will be very satisfactory if any will inform us of any more , and that may easily be done , if there were any ; because none can act as a proxy , except his procuratorship be entred upon the roll. most of those records that are cited in the behalf of the spiritual lords , are either such as were in those times when the clergy put in proxies , as all those that are upon or after the rich. . and about the beginning of hen. . such is the case of the earl of arundel ; for it appears by the record , that the constitution of the proxy was in n. . and the arraignment of the earl was not till n. , or . and therefore after the proxy ; so that there was reason that the records should be entred by the king , bishops , and lords , seeing the bishops deputy was present ; but it is no argument of their personal presence : or else they are cases of bills of attainder , and that is not much to our purpose ; for those will as well prove that the house of commons have sate judicially upon matters of life and death . a bill of attainder is reckoned the strongest way , because there is a concurrence of all the three estates , of both the judicial and legislative power ; and that is necessary for making a forfeiture of all manner of rights , titles , and interests , which otherwise are not forfeitable : and if at any time there was an opportunity for the clergy to transgress the laws both ecclesiastical and civil . ( i mean the statutes and customs of this realm ) which was connived at by the rest of the lords and commons , i hope that will not be accounted a precedent to overthrow a custom of so ancient a date , and so agreeable to the fundamental constitution of the government , and the grounds and reasons of the common law , and also confirmed by an act of parliament : so by degrees the whole method and course of parliamentary proceedings may be altered , and the very being and foundation of parliaments shaken . so we should have had the lords refusal to sequester the earl of danby from parliament , a precedent ; if they had not afterward acknowledged it to have been an errour . we may find in many cases the lords dispensing with magna charta : e. . n. . they passed judgment of death upon several commoners : e. . we find several particulars enumerated , wherein the commons complained of breaches of magna charta , and we are not sure that all these particular cases were remedied , and therefore must these stand all for precedents ? at this rate there are few points of law perhaps that will escape doubt and controversie : for we shall have some of the lords pretend they can transfer their honours , and so are able to make the kings enemies his councellors , because in daincourts case , . inst. . one branch of the family sate in the house by vertue of a grant from the other branch of the family , from the raign of e. . to h. . and the earldom of chester was first granted h. . and transferred h. . and upon these precedents there was an attempt in the lord fitz-walter's case to make a baron by translation of interest . admitting therefore that once or twice , or such a matter , the bishops have voted in capital cases , yet they cannot controul an antient and well established custom , though i am not apt to believe there are many such cases : however it was a very pleasant humour of a gentleman that wrote lately of this matter and cited a precedent in the raign of r. . of the earl of arundel and wardor , whereas there was no such lord as arundel and wardor created till king james his time , vide pa. ult . so p. . he cites the case of the earl of salisbury , who in his petition says the prelates are peers in parliament , and assigns for error that they were absent when judgment was given against his father ; and this is a good precedent to prove the prelates right to vote in capital cases as peers in parliament : whereas the petition was disallowed , and the judgment affirmed by the resolution of the whole house . such a way of arguing deserves some special animadversion . but i shall supersede any further consideration of the matter , and shall conclude that without an act of parliament the bishops can have no right to vote in capital cases , which if this present parliament shall think fit to make , it behoves all true subjects to agree thereto . finis . notes, typically marginal, from the original text notes for div a -e baker . co. . inst. . baker . vide parliam . held at clarendon . . h. . fitz. tit. cor. pl. . e. . e. . . e. . . vide co. ● . inst. . a narrative of some passages in or relating to the long parliament by a person of honor. north, dudley north, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. 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(qc) and xml conversion a narrative of some passages in or relating to the long parliament . curse not the king , no not in thy thought , eccles. . . rebellion is as the sin of witchcraft , sam. . . by a person of honor. london , printed for robert pawlet , at the bible in chancery-lane , . to the reader . before thou makest an entry upon the following discourse , it is fit thou shouldst be acquainted with the occasion of its birth . a near relation of mine was the cause of my setting pen to paper , upon a conceit that being a member of the long parliament , my observation might have fixed it self upon some particulars omitted by others , which particulars he was unwilling should be lost . and now since this issue of my brain is come into the world with many characters of truth upon its body , some friends looking upon it with too favourable an eye , will not consent that it should be stifled by a consinement to one family or place : but on the other side , lest travelling abroad it may contract some disadvantage by too much expectation , ( termed by sir philip sidney , that friendly foe ) i my self having assented to a publication , deem it necessary so far to pass my own censure upon it , as that more may not be looked for , than it can yield ; and not only so , but otherwise to make some little apology for the contents of it . i may profess my self to have been somewhat perplexed , in finding a proper name for that which i have written . it containeth matters historical and yet is no history , for it consisteth of particulars without any exact order . it compriseth the business of a limited number of years , and yet i cannot give it the title of annals , because things transacted in several years are set together . it consisteth of abrupt parcels , and yet maketh up but one continued relation . truth is , it wanteth method , containing nothing that is perfect , and if it were a perfect nothing , perhaps it would be much better , for then it would give no offence to any , whereas now my old fellow-members , and comerades of that parliament , will say , i am injurious to them , in relating only those proceedings which were not justifiable , and omitting the good things done by them , and they will also tax me for partiality , in not speaking at all , of the provocations and wrongs offered and done , by their opposers . to this i answer , that from beginning the war ( which with its preparatives gives limits to our business ) i know nothing publickly done , that was either good or justifiable , saving only an outward profession of personal reformation , which unless it carried with it a real intention , would have been mention'd with as little advantage , as had the outward pretended publick reformation , which deserved rather blame than praise . the intention of many of us was also very good , being desirous of peace and of a good agreement between prince and people , but how could this appear without doors , till the army had kickt us out of the house ? and as for particular miscarriages of the king's party , i was not resident within his majesties quarters , and therefore my relations must have been subject to much incertainty . but that which must satisfie me is this , that those members , who were enemies to the war , will find reason in that which i say , and as for those salamanders , who could live only in the fire , i regard not their censure . perhaps i may also be condemned by the generality as imprudent , in setting an evil character upon the whole carriage of that parliament , when i my self could not but be an actor in some part of that evil . here i am put to a double apology for my self , first , as a subject , and then as a writer . as to the first , i cannot excuse my self otherwise , than by the sincerity of my mind and intentions . i may freely profess , that i never had the least disloyal thought in relation to my prince , and my endeavours always tended to a reconciliation of the business , with a production of peace , and if i were at any time enforced ( for i never did it willingly ) to act in the way of opposition contributory to the war , it was with hope , that at last there would be a happy agreement . i must thus far confess my error , that i too much feared the ill consequences of a parliaments being run down by force , and perhaps so great a distrust in the clemency of his late majesty cannot be justified ; yet i may hope , that such a tenderness upon mistake , may be esteemed venial in comparison of greater offences , which are included in our present soveraigns gracious pardon . and as for the imputation of imprudence in stigmatizing my self by too far publishing the miscarriages of that body , whereof i was a member , i conceive , that i cannot better shew my self worthy to be included in that his majesties general pardon , than by declaring a detestation of them , and by setting them out in their right colors , so far am i from condemning my self in that particular . as to the whole narrative , considering that i have trusted only to my own private memory and notes , i will not say , but that there may be an omission of some particulars , as important as those inserted , but i am confident , that for the substantial truth of that which i have delivered , there can be no just exception to it , and so i must referr all to thy censure . farewel . a narrative of some passages in or relating to the long parliament . cardinal de richelien , that great favourite of france ( perhaps to insinuate into his masters thoughts the high importance of naval power ) caused a ship of extraordinary bulk to be made , which his malevolents affirmed to be an embleme of himself : for as that ship could not move at sea , but in a storm , so ( said they ) the cardinal could not live in a quiet and undisturbed state. this was said of that great minister of state , because he held his prince engaged in a continual foreign war ; and if such a war were imputed to him , as mischievous to that kingdom , what shall we think of those , who in this our island so troubled the waters at home ( to fish out a greatness for themselves ) as to sever the head from its body , and by unsinnewing the government to batter down all the pillars that supported it , and so to bring an absolute anarchy and confusion upon the whole nation ? surely the depth of this offence is not to be fathomed , yet thus much is ordinarily said in their defence , that they were so far from designing anarchy , as they intended only reformation , and the setting up of a much more accomplished government . it is easie to be believed , that confusion was not their ultimate end , and there needeth no other proof of it , than the actings of their leviathan cromwell , who made his own personal greatness the foundation of something in the way of new government . and the intent of reformation , or of a new model , can be no justification of any particular rebellion , since the same ends are pretended to by all persons , that at any time raise a power in opposition to the present governors , as these very persons found by experience during their short rule . aristotle and his adherents , are much cried down by our modern natural philosophers , for making privation a principle ; but certainly these men made it the most considerable principle in their politicks ; for they could not effect any thing fully , but demolition and destruction . they never set up any thing in the way of government that was new , but it was in a short time disliked and overthrown : and indeed it could not be otherwise , since the greedy monster of their faction could not subsist , but by devouring whatsoever was most precious in the land ; and since the opportunity to do so could not be had , but by frequent changes of government ; so the rapacity of this brood of harpies caused the destruction of so many fair buildings , whereof the raising had been so costly , the suppression of bishops with their hierarchy , and the sale of their lands , and ( i may even say ) felling of the royal oak it self , with prostitution of the publick revenue and ornaments to sale , and the same cause would infallibly have produced the ruine of both universities , with demolition of the colledges , and alienation of their lands , and many other destructions of that nature , so as to have deprived the nation of all excellence in the way of beauty and splendor . that this was done , the power once raised , is not strange , but how so great a part of the people ( nay even of that remainder of parliament ) should be drawn to consent to it , carrieth much wonder ; and certainly there was much art used , to win their consent to so great a devastation . the historical part of this business being too heavy a burden for my shoulders ; i shall only ( for the satisfaction of some friends ) set down in writing my observations , of the carriage of that business at westminster , where i was then resident as a member of the house of commons , wherein perhaps there may be found some particulars , not so obvious to others , and in that respect likely to be omitted . in matters political it is seldom found ▪ that events depend upon causes necessarily producing them , and when they do , there must be some great imperfection in the original constitution of a state , as writers in politicks affirm , of civil war arising in an oligarchy , by reason of many dependences upon great persons possest of the sovereign power , whose private and differing interests distract the forces of such commonwealths ; but this cannot be our case , who live in an extraordinary well-tempered monarchy , where the perfect constitution is sufficiently proved by an esflux of very much time , without the least appearance of any visible defect . we must therefore search out other causes . it cannot be doubted , that there is a divine providence , which ordereth and governeth all things ; but as this is above us , and altogether out of our sight , so we must rather submit chearfully , than make any inquisition about it . as for second causes in disturbance of states , none can justifie an armed opposition by subjects against their sovereign ; and unless there be some plausible title to the supreme power , there is seldom any that become considerable , but discontents upon conceit of misgovernment ; and in this case the justness of discontent is not so dangerous , as the generality of it , and in that respect designs grounded upon right reason , and with certainty of publick advantage , if effected , are yet well laid aside , when liable to a general misconstruction , in the way either of danger or oppression . never parliament was assembled , when the people were in a higher discontent , than at this time : such a general diffidence there was , as they thought themselves sure of nothing . the encrease of ceremonies had made them fear the approach of a religion hateful to them . the late business of ship-money , together with some other impositions without consent of parliament , caused them to apprehend the loss of property in their estates , and they had little hope of redress by parliament , because his then majesty had been so unhappy , as to be put upon a sudden dissolution of all parliaments formerly by him called . there wanted not persons ill-disposed , and seditious , to trumpet these things in the ears of the generality , whereby they incensed them so far , as thereby they found means to raise a power against their sovereign , which how it was done , and by what degrees , and how improved is the chief intent of our business to set forth . at the time of assembling this unhappy parliament there were two armies on foot in england , whereof one was that of the scots , and another consisting of english-men to oppose them , if occasion were ; and the king to remove all jealousie of a wilful continuance of the war , by engaging them to a fresh hostility , had made the earl of holland ( a person then standing gracious with the parliament and people ) general of the english army . the persons who knew themselves faulty in holding intelligence with the scots , were then so apprehensive of a complete agreement between his majesty and them , and of their being won to a compliance with him in all things , as the earl of holland in a private letter to mr. pym , writ somewhat to this effect ; that the sky was horridly black in those northern parts , and that all things there seemed , as tending to an universal judgment . the earl being then general , could not intend this other than a private advertisement , but mr. pym finding the publication of it a sit means to encrease the general apprehensions , presently imparted that letter to the house of commons , and from thence the substance of it was divulged over all the city of london . this served to keep the people in a heat and jealousie concerning the kings intentions , but that fear proved vain , for the pacification was effected wholly by interposition of the english-commissioners , who were persons approved of by the parliament as to that employment . but this business of satisfying the scots , and of disbanding of the armies , requiring vast summs of money , there were were great taxes laid upon the people by act of parliament , which money was not likely to be levied in much time , and therefore there needed a present supply by the city of london , who ( as was pretended ) would not part with their money , lest a dissolution of the parliament should come before payment ; thereupon the king was pressed to pass the act of continuance , whereby the parliament could not be dissolved , but by their own consent . this act had the royal assent , and gave to the crown the greatest blow that it had yet received ; for so the king established against himself a power , which he could not extinguish . this pacification being free from all secret agreements with the scots , gave a great strength and confidence to our cinistones , or kindlers of sedition : for though the presbyterian discipline , was now again consimed , as to scotland , yet it was impossible , that the scots could think themselves secure to hold it , as long as episcopacy stood firm in england , in which respect they could not but be willing to assist those , whose design it was to abolish it . before this time , it was thought sit to deprive the king of two prime counsellors , the archbishop of canterbury , and the earl of strafford , ( whose names were delivered in by the scottish-commissioners , as incendiaries between the two nations ) which was done in the way of an impeachment by the house of commons at the lords bar for high treason . upon this impeachment it was found requisite to commit them presently to the tower , so as the king was immediately deprived of their advice in council ; and the earl of strafford was speedily brought to trial in westminster-hall with much solemnity , which had continuance for many days , and at last was broken up with heat and violence by the house of commons , such as ill became the gravity of that assembly ; and they did it , conceiving that the lords carried themselves partially in relation to the person impeached ; but his condemnation was finished afterwards by the legislative power in a bill of attainder , which could not pass the lords , till many of them were so terrified by tumults , as they found it for their safety to be absent at the last reading . and this business of the bill was carried on with such violence , as there was a kind of proscription of such persons , as in the house ●f commons had voted against the bill ; for their names were posted up in london by the care of some malicious body . the archbishop was reserved to a trial , less legal as to the form , but no less fatal to his ruine ; being some few years after condemned by a bill passed in both houses , but wanting the royal assent . at or about the time of straffords trial , there was a general licentiousness used . the parliament-houses were daily haunted with a rabble of tumultuating people , crying out for that which they called justice . there was also a liberty assumed , and connived at , to print and publish what every man thought fit , which for the most part was in defamation of the governors ecclesiastical and temporal . within the city of london the pulpits were almost wholly possest by presbyterian-ministers , whose eloquence was altogether employed the same way . in the country ( or at least in divers parts ) there was such encouragement given under-hand , as the common people fell upon popish recusants , and plundered their houses with all severity : and the house of commons being made acquainted with the inconvenience and terror of these tumults , as well by their own members , as by a message from the house of lords , would not be drawn to discountenance , much to declare against them . it was not long after the pacification , that the scots much urged the king to go into scotland to be crowned , whereunto his majesty assented at the last , which gave great jealousie again at westmirster , in so much as the parliament made some addresses to the king , desiring that he would not depart out of the kingdom at that time , but those addresses became altogether fruitless , the king declaring his absolute and peremptory engagement to go . and the apprehensions of this journey were so powerful , as a very active member of the house of commons , standing at the door of the lords house , upon occasion of a message , having fetch'd a great sigh , made a profession , he thought we were all undone ; but the presbyterian scots continued true to their own interest , with a respect also to their profit , and expecting to be called again into england , as it came to pass afterwards . the scottish coronation being past , the king returned to london , and then the exasperations grew higher than ever . it seems , his majesty was willing to impute the disorders in parliament to some particular persons members of both houses , whom he had found to have held intelligence with his enemies , and therefore he directed his atturny general , to accuse the five members ( whose names are well known ) in parliament of high treason , which was so ill resented in both houses , as the impeachment was refused , whereupon his majesty fell upon that unhappy resolution , of coming personally into the house of commons , which gave so great offence , as both houses , pretending they could not sit securely at westminster without a guard , adjourned themselvs for some days , and appointed to meet during the vacancy in london as grand committies , to consider what was to be done upon the pretended breach of priviledge . this gave a great advantage against the king , for by this means , they had opportunity to fix their correspondence with the citizens , and to engage them in their defence . between this time and the kings return out of scotland , the court had been annoyed with a confluence of unruly people ; so as it was thought fit to have a corps de guard ( or a court of guard as they call it ) kept in the passage before whitehal to keep the rabble at a distance . but during this adjournment the citizens of london became so engaged , as upon the day of the houses meeting again at westminster ; they sent a little army with some field pieces for their security : these passed by land and by water on each side of whitehal , and the noise of their coming was so loud , as it was concluded fit for the guard of middlesex trayned bands to withdraw , and so their passage became free . this was interpreted at court , as the beginning of a war , and thereupon his majesty thought good to retire to hampton-court . after this , there were many addresses to the king by the parliament , but not any , that could be in the least measure pleasing to him . it happened that mr. pim had newly and publickly ( at a conference between the house , as i take it ) used some words of disrespect to the king , wherewith his majesty exprest himself to be offended , and thereupon the house of commons , having notice of the kings resentment , took a resolution to send his majesty a paper , in full justification of that which mr. pim had said , i my self was present at this resolution , and appearing dissatisfied with it , immediately went out of doors , which being observed by a back friend of mine , he named me one of the four to carry it . this unwelcome news was brought to me to my own house by one of our serjeants , with a copy of the order , which must not be disobeyed , and so we went and delivered the paper to his majesty at hampton-court , which being read , he began to discourse upon it , as if he expected reason from us , and seem'd to address his speech more particularly to me ( perhaps having heard of my dislike ) but sir john culpepper then chancellor of the exchequer and chief of the four , told his majesty , we had not power to speak one word , whereupon we were dismissed , and returned to london . after this the king left hampton-court and went to theobalds , whither the parliament sent a committie of lords and commons , but with a message either so unreasonable , or unseasonable , as the king thought fit to dismiss them with an absolute negative , and there passed something then , which perhaps may be fit to be inserted herein , as containing that which is something extraordinary . i received the relation from a noble person , who was one of the commoners then sent , and this it is . after having received his majesties answer , the committy being still at theobalds , retired it self to take into consideration the terms of it , that there might be no difference in reporting to the several houses of parliament . as soon as the committy was set , the earl of warwick was called out , to speak with his brother the earl of newport . he went out , and speedily returned with this account of the business ; that the earl of newport had acquainted him , that the king was even then so pressed to give a more satisfactory answer , as he was confident they should have such an answer , if they would but defer their departure for a small season : to this the whole company seemed to assent with much chearfulness , when suddenly young sir henry vain declared himself to mervail at it , for said he , is there any person here , who can undertake to know the parliaments mind , that is , whether this which we have , or that which is called a more satisfactory answer , will be more pleasing to the houses ? for my part i cannot , and if there be any that can , let him speak ; to this no man made any answer , and so having agreed upon the report to be made , they departed . i have related this , to shew how easily one subtle ill-disposed person may overthrow a general good intention . now were the well affected party ( as it was then termed ) stirred up in all parts , to give incouragement to the house of commons in the way of pretended reformation , by petitions , whereof some were delivered dayly at the bar , and the deliverers had thanks given by the speaker , which was a thing altogether new . and as a general return to these , and to keep the people in perfect heat , it was resolved , that a general and publick declaration of the state of the kingdom should be made to the nation . in time of former princes the house of commons had some times ( but very rarely ) made remonstrances of that nature to the king , which were never pleasing to him , yet not justly to be excepted against , because it is exprest in the writs of summons , that they are to advise his majesty , but for any advising ( or treating with ) the people , it was always held illegal , and of mischievous consequence . upon these grounds the declaration , being brought into the house , caused a very long debate , but was at last passed , with the dissent of very many of the most considerable members . our nation being in such disorder , the rebellion broke out in ireland , and the lords of the council being yet in london , imparted their new received intelligence to the house of commons , who seemed chearfully to embrace the business of reducing that kingdom to obedience , and thereupon endeavoured the raising of a stock of money by adventure , upon security of the living bears-skin , which was the estates of such persons as were in rebellion . upon this the king made offer of going in person to suppress the rebellion , if he might be supplied with money , and other necessaries for the work ; which offer was so far from being hearkned unto at westminster , as it created new jealousie . but the parliament made good use of the irish business ; for by that means they listed officers , and made full enquiry concerning their inclinations , which succeeded happily with them afterwards . every day produced new differences between the king and parliament ; for that unsatiable monster of publick security caused the making of a proposition to his majesty , which was , that the parliament might govern the militia , ( or trained-bands ) for some time at least , which was rejected by the king , as a power not to be parted withal , no not for an hour ; whereupon the parliament made new lieutenants for each county , who assumed the exercise of that power by parliamentary authority in many parts of the kingdom . and upon the same ground of publick security , sir john hotham seised upon the town of kingston upon hull , with the kings magazin there , which his majesty cried out upon , not only as rebellious , but as a robbing him of his arms and ammunition ; being personal goods bought with his money ; and this before any the least act of hostility shewed on his part . the king was then retired to the city of york , as a place of more safety , than nearer to london : and there first of all the warrants of parliament being sent by express messengers for delinquents ( by them so stiled ) were flatly disobeyed , which was no unwelcome news to the great managers of affairs at westminister ; for they pretended such obstruction of justice , to be a justifiable & sufficient ground for the raising of forces . when the opposition was grown to this height , his majesty judged it fit , that such members of both houses as had resolved to engage against the parliament should withdraw themselves ; and one of the last that continued sitting in the house of commons was mr. sidney godolphin , who for a farewel declared , that by a war the parliament would expose it self to unknown dangers : for ( said he ) when the cards are once shuffled , no man knows what the game will be , which was afterwards found by the parliament too true , when their own army became their masters : but in the mean time , this secession of members did very much facilitate the entry into , and continuance of the war ; all dispute being taken away within the houses , and the house of commons would not lose this convenience , and therefore they soon excluded the withdrawn members by special votes . this abscission or cutting off of members had been formerly used in this and other parliaments , but very rarely , and for offences extraordinary , and such an offence was this obedience to his majesty then adjudged to be , so unfitting a time for judgment is the heat of a civil war in matters relating to that war. this war first began in paper , by manifestoes and declarations on both parts , which brings to remembrance a pleasant passage in the house of commons upon this account . one of the members brought with him into the house a declaration of his majesties , which he had newly bought , and complained much of those , who were so insolent , as freely to sell such papers of the kings : at this a young gentleman ( of those who were accounted fanaticks in those days ; but one who never spake publickly in the house ) grew into a seeming impatience , and said with much earnestness , why not his papers as well as every mans else ? which though loudly , yet being spoken , without standing up , was answered only with looks and smiles . this passage is scarcely worthy of a place in any serious discourse , yet it seemeth naturally to express the small ingenuity of those times , which allowed not to a sovereign prince in his own dominions that freedom , which every petty fellow assumed without exception . at this time both parties were employed in raising of forces : the earl of essex being made captain-general for the king and parliament , ( as the stile of the war was then ) with full power to nominate officers ; and i can affirm , that the army was raised with great difficulty ; there being immediately upon grant of that commission , the greatest solitude at westminster that i had seen , whereof i my self taking notice before a member , who was designed to a principal command in the army , as a thing of small encouragement , he made this answer , that he thought the people of england were mad , being so blind to the discerning of their own interest ; but the parliaments business was more and more facilitated every day , there being a committy erected of lords and commons , called the committy of safety , in the nature of a privy council ; and money or plate coming in freely ( upon the propositions for contribution ) in london beyond any mans expectation . but that which most advanced the levies , was a liberty declared for apprentices to forsake their masters service at this time , without loss of freedom : and the nomination of collonels , members of both houses , being persons eminent for popularity , so as the army consisted very much of boys at the first , but there being great scarcity of experienced commanders , the general thought it necessary to accept the service of divers scottish-men , whom the assurance of good pay had invited to offer themselves , being not only able persons for command , but also better hardened in the way of military opposition to the royal power , than our english. now there passed every day acts of hostility , for the king appearing in person before hull , and entrance being denied , raised a battery against the town , and laid a kind of siege to it . on the other side the parliaments forces seized every day , upon such places , as they found necessary in the way of advantage for war ; so as mars began to exercise his power in several parts of the kingdom , even to bloud , by wrestlings between the respective partisans , when they met , as also by the siege of warwick-castle by the earl of northampton , who soon after lost his life in the kings service ; and the parliament it self then seemed to have assumed a new nature , according to the businesses there agitated , which were only relating to the war. after several skirmishes between parties , the armies came to face one another at edgehill , in the year , whereupon ensued a battel , and notice being given at westminster , we were in continual expectation of the issue ; and the house being set in an afternoon , there came a messenger , who brought word , that the parliaments army was so worsted , as he his self saw the earl of essex's cannon seized upon by the kings forces . this gave so great a terror , as the speaker lentall addressed himself to some of us , and used these terms . gentlemen , you shall do well to send to his majesty betimes to ask conditions , lest by delaying you come too late to effect your security : such a terror did the present apprehension strike into him , and many others ; but it was not long before an express messenger came from the general himself , signifying that he was master of the field , and had been once possest of the royal standard . this gave fresh courage , yet the intelligence brought by the first person was true ; for the parliaments left wing had been routed , and their cannon possessed , but for want of discipline the prevailers applied themselves to plunder the baggage , and so the other part of his majesties army was born down , and the earl of essex remained possessed of the field , ( or champ de bataigle , as the french call it ) but with his forces so broken , as the kings army , having done their business in forcing a passage , pursued their design , and marched forwards , which essex in his letters termed a flight , and said , that for want of horse , he could not prosecute his victory , without a fresh supply from london . and thus the victory is pretended to on both sides , and not without a fair colour . not long after this , the king having refreshed his army at oxford , marched with it towards london , yet could not do this with such expedition , but that general essex was gotten thither before him , and the citizens of london were so fearful of being plundered , as they came out unanimously for defence , and so his majesty thought good to retreat to oxford , which gave a period to action for that year . somewhat before the late encounter near brainford , the house of commons ordered me to go into the countrey for which i served , where i found all full of terror , the common people generally apprehending , that the cavaliers ( as the royallists were then called ) were coming to plunder them . this fear was artificially put into them , as i could easily perceive : for the countrey was full of strange fictions of their inhumane carriage in other countreys , and being at my usual mansion , we had scarcely any rest ( no not in the night ) for messengers giving the allarm , and the manner was to bring a paper of intelligence without any subscription , and this must be taken for truth , without any farther proof . these allarms generated strange , wild , and indigested propositions , such as were not to be hearkned unto by any person of judgment and experience , yet they were some way tending to the great design of raising the terror to a height , and putting arms into the hands of schismatical people under the name of voluntiers , and by those means to form a new power to be disposed of upon occasion in any part of the kingdome , without the limits of their own counties , as it came to pass afterwards , when majors general were established . but since the kings forces did not really make any approach towards us , and since i had not accepted of any command to oblige my stay in the countrey , i made my return to london , and applyed my self to my constant course of attending in parliament , where i found the state of business somewhat altered : for general essex began now to appear to the private caballists somewhat wresty , so as they found it necessary to raise new forces to be commanded less immediately by him . upon this there was a kind of army put under command of sir william waller and sir arthur hasellrigg , whose actions were afterwards as much cryed up , as the generals were cryed down . and then there were also ordinances of parliament ( which kind of law grew now in fashion ) framed , and past for constituting associations , whereof the eastern was chief , and much promoted by cromwel , who founded his greatness there , though for the present he was commanded by the lord grey of warke , chosen major general of that association , and placed in that command , as a person less active , and more to be wrought upon , than he afterward proved to be , which made essex who had yet power sufficient to crush him ; cause him ( after about a years service in that command ) to be summon'd to his attendance in the lords house , with a substitution of the earl of manchester in his place of major general , being one of his own near relations . the house of commons was employed in providing money , without which they could have no good effect of their armies . several ways were found , but no one ( nor all of them together ) answerable to their occasions . one was by sequestration of delinquents estates , not excepting the king 's own revenue , which last yielded the best supply , being manag'd by a committy of parliament , whereas they were inforced to use ravenous people in the sequestration of private estates , making a very slender account to the publick , and converting most of the profits to their own use , whereof the parliament was not in condition to take much notice at that time . another way of raising mony there was , by requiring a twentieth part of goods and a fifth part of every man's revenue . this began upon persons disaffected to the parliament , but came at last to be a calling dance , being made general , and herein both parties did good service , by giving complete information concerning one anothers estates . but the last and surest , was a monthly tax for the army , which was the first of that kind , and likeliest to continue in being . and now the case is wholly altered , for every demand must be answered , there being armies on foot , very well disposed to constrain payment in case of refusal . about this time , those persons who had been nominated committies in each county for money matters , held meetings ( in imitation of the covenanters tables in scotland ) and took upon them the decision of businesses relating to the county in general , but especially as to the war , which comprized the suppression of the royallists , and by this means they exercised an unlimited power , being assured of indemnity at westminster for all things done in the way of advantage to their military affairs . while the asperities of war lay thus frozen up in winter quarters , it pleased his majesty to send the earl of south-hampton , and sir john culpepper with a proposition for a treaty of peace , and a considerable member of our house made this relation to me , of mr. pims opinion concerning it . this gentleman said , he met mr. pim going into the committy of safety , and desiring a word with him asked , if he knew the substance of southhampton's message , and what he thought of it ? mr. pim's answer was , that he knew the particulars , and praised god in his heart , hoping that the issue of it would be happy for the kingdome . but it seems , that being entred into the committy his mind soon changed , for the general ( with other lords there ) were absolutely for the refusal of it , which was the event of it also in parliament , and not without some harshness in the manner , for south-hampton and culpepper would have delivered their message in the respective houses within the bar , as members , which was refused to them , and so their message being made known , and unanimously concluded unseasonable , by reason of the generals standing yet ( together with divers other eminent persons ) declared traytor , they both returned to oxford . this may appear strange , since the general was conceived to wish and labour for peace , which may the better be believed , because after this time , he sent a letter to the parliament , to express his sense of the nations miserable condition under a war , and to desire that there might be propositions of peace sent to his majesty ( a fault never to be forgiven by the private caballists ) which desire of restoring peace continued with him even to his end , as was hinted in his funeral sermon , wherein he was compared to abner , who perished being in such a design , but it is usual for such persons to dislike all pacification , saving what is procured by themselves , wherein their own interests are fully provided for , and it is very likely , that essex would have had the business to pass chiefly through his own hands , whereby we may see , how far a poor nation may suffer by the on of some principal persons . but howsoever it was with others , it is not to be doubted , but some of the close cabal , rather than to yield to any pacification , were disposed to make use of the pious intimation , delivered by a minister in a fast sermon preached before the house of commons , which was this . that if they could not effect the desired reformation , yet it would be in their power , to break the pillars , and as sampson did , to pull down the house over the heads of their enemies . yet for publick satisfaction ( the people being wearied with a war ) it was always in agitation , to bring the business to a treaty , though not without much jealousie on the parliaments side , which might be much encreased , by a letter from a lord at oxford to a commander in that army , which became publick being intercepted , and contained these words . do but cudgel them into a treaty , and we shall do well enough with them . before drawing the armies out in the year . there had been a hopeful treaty of peace , both parties having tendred propositions , and commissioners being sent to oxford to treat , but this was soon rendred fruitless by the parliament , who too far straightned the time of treaty , and bound up their commissioners by instructions , obliging them in the first place , to treat upon and conclude the proposition for disbanding of the armies , which could not be consented to by his majesty , without assurance first had , that the other most important articles would be agreed upon . and so at this time the poor people were defeated of their hopes , it being one of our cabals greatest arts , to give way to a treaty of peace for publick satisfaction , and then to bring it to a rupture in some plausible way , as here it was upon the article of disbanding , which was a thing so much desired by the people . this year . businesses were transacted at westminster with greater heighth than ever ; for the queen being returned to the king's quarters with some assistance , the house of commons assumed the boldness to impeach her of high treason at the lord's bar , and about the same time , both houses voted a new great seal to be made , which is the instrument of royal power far above all others , and the doing of these two things , could not but much exasperate his majesty , yet their military affairs were never less succesful , for the west of england was wholly lost by defeat of the earl of stamford's army , and bristow forced by prince rupert . in the northern parts the earl of newcastle was prevalent almost wholly : and certainly had the king ( instead of besieging glocester ) marched to london , and the earl of newcastle ( instead of besieging hull ) forced his way into the eastern association , the war had come to a period , but divine providence had designed a more gentle end , and disposed the minds of the northern and western armies , so as they would not forsake their own countries till they saw them cleared from all opposition . the parliaments business being in this evil condition , it was easily judged fit to call in the scots , which matter being moved in the house of commons , and it being objected , that it would be fruitless to call them , without proposing to them at the same time something of great advantage by it , there stood up presently that great patriot henry martin , and desired with much confidence , that an offer might be made them , of the counties of northumberland and cumberland , and in case they were not therewith contented , to add two such other counties in the north , as should be most convenient for them . so little care had he in that conjuncture , of the honour , and advantage of the english nation . this was justly thought extravagant , yet that business of calling in the scotts being communicated to the lords , there was a committy of lords and commons nominated to go into scotland , and matters were so transacted with the scots , as they entred into england with an army the february following . i should have related how in the former year , after the king 's retiring from parliament , there was set up at westminster an assembly of divines , being an ecclesiastical body of strange constitution , and composed of persons nominated by the knights and burgesses of each county , to which were added a small number , named by the lords , and some few commissioners deputed by the kirk of scotland . this assembly being so extraordinary in the constitution , was certainly designed to produce great effects , but the success was not answerable , for they could never perfect their model of church government , not well agreeing among themselves , by reason of the independent members , who approved of no church discipline , other than parochial , and even that part of the model , which was concluded upon with approbation of parliament could never be put in execution , the presbyterian discipline being so strict , as made it unpleasing to most of the people ; and especially to those of the gentry , who found themselves likely to be over-powered by the clergy , even in the places of their habitation : but the army , after it became new modelled , was wholly averse to it . i conceive , the intentions of calling an assembly to have been these two : first to have a synod of divines concurring in the subversion of the bishops , and their hierarchy ; and in this the parliament had their end fully , for the matter very well pleased all such persons as were earnestly of their party : and secondly , to agree upon some uniformity in divine service , which was the ground of their directory ; but all uniformity ( or colour of it ) was distasteful to the independents , which became the growing opinion , and at last so over-spread the army , as the sight of a black-coat grew hateful to them ; and so the directory fell to ground of it self . these assembly-men might well be discouraged , since hopes were given at first , that the lands of bishops and of collegiate churches should be setled in some way , for the raising of all parochial churches a competency of means for the ministers , but the necessities belonging to war exposed these to sale , and frustrated that hope . i should have related how the house of commons finding the pulpits filled with persons disaffected to them , made a breach upon the lords in point of judicature , and erected a committy called of plundered ministers , and by this committy they ejected the old ministers , and placed new at pleasure , but because the ejected had been possest of a freehold , the committy ordered to his wife and children a fifth part of the profits , if cause were not shewed to the contrary , which must be this , that the person displaced was otherwise possest of temporal means sufficient ; and to my observation , there was scarcely any of the new-placed , who did not dispute that provision at the committy . but it seems that this committy could not dispatch that business fast enough ; for the earl of manchester was afterwards invested with a power by both houses , to do the same thing within his association , as also to reform the university of cambridge , where he had the like arbitrary power of ejection . but the parliament had a way of cementing their fluctuating faction by religious bands of union , which certainly they found very effectual , though upon differing grounds , or else they would never have had three of them in three or four years time , which i think is not to be paralell'd in any other revolt . the first of these was a protestation in the year , which being before the war began , took into it the defence of his majesties royal person , estate and dignity . the second was termed a vow and covenant , set on foot in the year , and this containeth no mention of the king , but in the way of forcible opposition to him by prosecuting the war. and the third was , the scottish-covenant , which again taketh in the defence of his majesties royal person , but in so perplexed and complicated a way , as it signified little . and in this was also contained , a total abrogation of the government ecclesiastical by archbishops , bishops , &c. with the whole hierarchy ; so as this covenant may be said , to have spoken perfect scottish . the taking of the first and last of these in their proper time , was pressed upon the people in general with all terror ; and the vow and covenant ( which related much to a particular conspiracy ) only upon the members of both houses ; and certainly it was a very useful policy , to engage the most considerable persons in these oaths , and in other things rendring them odious to their prince , and exposing them to confiscation of their estates upon conquest , which could not but make them stick the more closely to common defence . all the time of this parliament it was the design of our caballists , to abate the power of the lords house , and in pursuance of that design , at the very beginning in straffords business , they prevailed to have the recusant lords deprived of voting there ; and afterwards they had not patience to stay till the bishops were excluded by the ordinance , but took advantage of a protestation made by such bishops , as then sate in the house of lords , being about half their number , and to my best remembrance , thus it was . those bishops having taken a resolution , not to continue sitting long after his majesties forsaking the southern parts , yet finding that there was an ordinance coming for abolition of their order , which must pass the lords house , they used their endeavours to enervate that , which might be done in their absence ; and upon that ground they entred a protestation , subscribed with their names , against all such determinations to their prejudice . this being become matter of record , the house of commons took notice of it , and came up presently with an impeachment of those bishops by name , as guilty of a praemunire , in assuming to themselves a power , to invalidate that which is otherwise the law of the land , viz. the jurisdiction of parliament ; and upon this ground ( how justly i know not , for the matter was never brought to judgment ) those bishops unhappily formed to themselves a deprivation , instead of a withdrawing . by this means , and by the absence of those lords , who withdrew themselves to serve his majesty , the house of peers was grown so empty , as their authority became little considerable , which was not much regarded by our leaders in the house of commons , who ( in likelihood ) had at that time a resolution to dissolve that house , as it came to pass afterwards . as great assertors of priviledge of parliament , as that house of commons pretended to be , yet they cared not how far they encroached upon the lords , nor how they violated their priviledges , as may appear by a message delivered at their bar near the beginning of the parliament , which was to this effect ; that the commons found in that house , so great an obstruction of matters tending to the good of the common-wealth , as they desired their lordships to make known the names of such lords , as were the causes of it , that they might be dealt with as enemies to the state : so as in those days , the house of commons might properly use the french proverbial saying : je n'ayme pas le bruit , si je ne le faits , i love no noise , but what i make my self . but their own house began to be almost as much cried out upon for paucity of members ; and for this they had provided a remedy sufficient by the new great seal ; and there was little danger of bringing in evil members , for no writ of election could be issued , but by warrant from the speaker , and consent of the house , who would not grant it for places , where the people were known to be disaffected to the parliament . by this means the house became pretty well filled , and many of the new members were officers of the army , who had been so used to command , as at the last they found a way to command , even the house it self . besides this , the new great seal enabled the parliament to constitute judges , and to set up again the courts at common law , as also to make what justices of the peace they thought sit , whereof there was very great want in the parliament quarters till then ; so as now there were complete judicial proceedings , both criminal and civil , which gave great satisfaction to the people , and would have deserved high applause , but that all men knew this convenience to be raised upon a most unjust , and insolent foundation . before this recruiting of the house of commons ( as it was then called ) the military affairs of parliament were much advanced ; for by the help and countenance of the scottish army , his majesties strength in the north was so broken , as the parliament had first besieged newark , and then the city of york , but both these towns were very bravely relieved by prince rupert ; and could that prince have been contented , with the honour of having effected his business in the dissolution of those sieges , it had been happy , but he as a souldier , knew what a fear usually is attendant upon armies in a retreat , having been forced to forsake a siege ; and thereupon he gave the parliament forces battel at marston-moor , and was defeated wholly , yet with such a confusion on both parts , as six generals present in that sight , were said to take wing at the same time , conceiving their party to be utterly overthrown , whereof general lesly of the scottish was one . this set the parliaments reputation very high in point of strength , and gave opportunity to our caballists , of abating ( or rather dissolving ) essex his power , who , as they conceived ( and perhaps grounding their conceit upon his letter for propositions to his majesty , in which letter he also exprest much care that the royal person might be preserved in safety ) had no mind to an utter overthrow of the regal authority : so as when the armies were withdrawn into their winter-quarters , our grand politicians set themselves upon the effecting of this great work , which must have influence , as well upon essex his chief adherents , as upon himself . the manner of this critical business was thus . it was affirmed in the house of commons as impossible , that the war could be brought to an end , by an army that had totally lost its discipline ; whereupon it was moved , and assented to , that a committy should be nominated , for examination of corruptions and abuses in the army . this committy sate many days , and was very full of employment , till at last a report was called for . then arose up mr. tate the chair-man , with a great bundle of papers in his hand , being a very great presbyterian , and little suspecting , that his business would become the ruine of his party , as it did in conclusion . he appeared unwilling to make the report , but being pressed to do it , he desired , that the house would first give him leave to speak a few words ; and then he uttered his parable , concerning a man much troubled with botches and boiles , in several parts of his body , who had recourse to a physician for cure ; his doctor told him , that he could give him plaisters to cure any part of his body so disaffected , but that whatsoever was healed in one member would break out again in another , for the whole habit of his body was corrupted , and that if he would have perfect health , he must procure for himself a better habit of body , by much purgation with a new diet , and so the ulcers would be healed of themselves . this , saith mr. tate , is so applicable to the business in hand , as i hope the house will find no need of a report , and yet upon command i am ready to make it . hereupon other members , who had prepared themselves , spake against the report , and said , that abroad out of doors , all our ill successes were imputed to the absence of members from parliament ; and then a motion was made , that there might be a self-denying ordinance , by which all the members of either house might be deprived of other employments , that diverted them from their service in parliament . this was very hard of digestion to many members , who had profitable offices , yet for publick satisfaction , and for better reforming of the army , it was consented to , that there should be such an ordinance , which was afterwards brought in , and passed both houses . by this means essex , denbigh , manchester , grey of groby , sir william waller , haselrig , brereton , cromwell , and divers others were deprived of command , though the last was never intended to suffer by this ordinance , as it appeared afterwards . but notwithstanding all this , essex had not surrendred his commission , and therefore something must be done to shew him a perfect necessity . so the house of commons proceeded in nomination of collonels for their new army , whereof sir thomas fairfax was one , and at last he was voted to be general of it . he was a person eminent for valour , ( vaillant comme son espée , fearless as his sword ) but of a temper more flexible than essex ; and very many others , which pleased cromwell , who meant to be the chief steersman . not long after this , essex finding himself imperatorem sine exercitu , a general without command surrendred his commission , with many expressions of good affection to the parliament ; and wholly bent himself to a retirement , being the first person , and last of the nobility employed by the parliament in military affairs , which soon brought him to the period of his life ; and he may be an example to all future ages , to deter all persons of like dignity ; from being instrumental in setting up a democratical power , whose interest it is , to keep down all persons of his condition . yet they did him all possible honour , in his funerals at the publick charge , so acceptable is an opportune death . in pursuance of the great design , all the old commanders were wormed out by little and little , and none admitted to commands , but those persons who were known , not only to be of an antimonarchical spirit , but purely disposed to the armies interests , which the army found very useful afterwards , when it began to contend with the house of commons for the sovereign power . by this it may appear , how supinely negligent the parliament was , in forbearing to mould the army , with surer dependence upon it self , which might have been effected in the nomination of colonels and chief officers at first , if care had been taken for choice of many persons , who were resolved to stand & fall with their interest , such as were colonel harley and sir robert pye , who forsook the army , when it opposed it self to the parliament , and for want of associates could effect nothing , but their own prejudice . as soon as this new army began to move , it was thought necessary by the house of commons to send cromwel to them , who was there not only received , but intrusted with command of all the cavalry by the title of lieutenant general , there being then no general of the horse . this army had but ill success at first , having laid siege to oxford , and failed , when in the mean time the king with a brave army had taken leicester town , and struck a great terror into all the parts adjacent . but all this was useful only to bring on a greater misfortune , for general fairefax drew his army that way , and the opposing of his passage brought on that fatal battail of naseby , where there was so absolute a defeat of his majesties forces , as the after strivings were but as labouring for breath , by a person not long before his decease . after this oxford was besieged again , and yielded by treaty , which was followed by a total dissolution of all his majesties military power . yet the king assayed to engage a powerful army for him , which was that of the scots at newark , and that he might the more endear himself to these , he put his royal person wholly into their power . at first the scots carried themselves , as if they intended to appear worthy of so great confidence , for they presently marched northwards . the parliament gave no time to consider , but made a peremptory demand , to have the king's person delivered to them , and had the help of themistocles his two great gods vis & suada , the terror of a victorious army ready to fall upon them in case of refusal , and by way of perswasion a representation of their duty , that army being then in the parliaments pay , and obliged to act only in their service , to which with many other reasons , was added a promise of their arrears by very ready payment . the first of these was more likely to give offence , than terror , to so powerful a body , and as to that pretended duty of the army , it could not extend it self to the extinguishing of natural allegiance , which is a duty personal . but whatsoever arguments were used , the scots consented to deliver him , and performed it to their eternal infamy , which infamy is much encreased by a breach of trust ( for having received his majesty they ought to have set him in a state of freedom , as good as he had when he came ) and because the contracting for mony makes the business appear , as a sale of their soveraign prince . soon after the king's forces were wholly dispersed , the army being without imployment made business for it self , by interposing in publick matters appertaining to the government , which was begun by a mutinous accusation of mr. hollis , with other members to the number of eleven , and a drawing up of the army southwards , whereupon the parliament sent commissioners to them to expostulate about their remove southwards , and to promise all reasonable satisfaction in general terms , but nothing would serve , without the exclusion of those members from the house of commons . but i should have related , how upon delivery of the king's person , the parliament placed him at holdenby-house , with a guard of soldiers , and a committy of lords and commons to attend him , and to order matters there for his security . at this the army seemed to take offence , disliking the choice of commanders for his guard , but surely their main intention was ( since now an opposition to the parliament was designed ) to have the royal person only in the power of the army , and thereupon they sent a party to take him from holdenby , which was effected without the least opposition , and so they held his majesty with ( or near ) the army , till being at hampton court the chief officers grew jealous , that his residence with the soldiery might have an influence , endangering the power of them the commanders . at this time cromwel who was the chief manager of affairs in the army , carried himself with such respect to his majesty , as his party grew highly jealous of him , insomuch , as john lilborn , the great leveller , offered a kind of 〈◊〉 against him at the bar in the house of commons , wherunto there was little car given by the house in general , but those , who abhorred all reconciliation with his majesty , remained unsatisfied , and began to complain bitterly of him one to another , as a person persidious ; but their fear was causless , for he never intended to be an instrument of so much good to the nation , and therefore his courtship must be thought to have had some other intention , which may be guessed at by that which followeth . while the army lay about hampton court , the houses were informed , that the king had made an escape from thence , and that the chief commanders were very much distracted with the thought of it . this was very well dissembled , since it soon 〈◊〉 〈◊〉 that the king had been perswaded to withdraw himself , and was never fully out of power , for being quickly seized upon again , they placed him ( according to their hearts desire ) in the isle of wight , where there could be no addresses made to him , but by their permission . yet here the army was content the parliament should have the honour , that his majesties perseemed to be in their custody , for the guard and care of him was referred to a person nominated ( or at least approved of ) by them , who was colonel hammond . and now the english nation ( though all too late ) was grown so generally sensible of their prince his distressed estate , as it drew on a treaty at caris-brook castle in the isle of wight , where the king had his forced residence , called the personal treaty , because none were admitted to be present at the debate , but the king his self , and the commissioners of parliament . it is true , that the king might retire at any time into another room to advise with divines and others , being persons of his own choice , but they were not admitted to be present with him for assistance in the debate . there were terms of very great disadvantage , yet the king carried himself even to admiration of the commissioners . i remember , that it hapned after the report had been made in the house of commons , as we passed through westminster-hall , that one of us was speaking of his majesties great abilities in the hearing of one of our grandees , who turning his face to him who spake , used these words : perceive , you take notice of the king 's great abilities , and you may thence conclude with your self , that you have the more cause to take heed of him , which speech i could not but find very strange , as if it were dangerous to a nation to be governed by a prince of parts extraordinary . but this treaty had the like issue with others , though the unsatisfactoriness of the king's concessions could not be voted in the house , as it was then constituted , which caused a new purgation of it by the army . before this personal treaty , the parliament for a long time was enforced to take for payment , whatsoever reasons the army officers were pleased to tender for their justification , but in the year . the army was grown to that insolence , as the presbiterian party in parliament thought it unsufferable , and thereupon they took heart , and having made some resolute votes , sent a committy of both houses to the city of london , to ingage them in an opposition to the army together with the parliament , but there was then as great a schisme ( or rent ) in the city , as in the parliament , and the borough of southwork siding wholly with the army , it was impossible for the city to stand out against it , so as that ill grounded opposition fell wholly to ground , and the speakers of both houses ( who easily foresaw the issue , and together with many other members had made an escape to the army ) returned triumphantly to westminster , and the army with much greater triumph marched in body quite through london , and by means of this opposition became more eminently powerful than ever . and thus the great city of london was made to stoop , and it may be observed in this business ( taking it wholly from the beginning to its happy conclusion ) that all other persons and parties , which had been much cryed up for eminent power , were brought low , as the great favorites in church and state , the scottish armies , the houses of parliament , and the royal soveraign his self , whom it pleased god to humble even unto violent death , as it was with his ( and our ) blessed saviour . and as for this triumphant army , with its brave and politick commanders , divine providence reserved it and them , to an utter dissolution , ( as to that great power wherewith they so afflicted the world ) which came upon them at last , though with leaden feet . and to shew unto those insolent commanders of the army the unstableness of their condition , it pleased god before this personal treaty , that there was a strong design laid , to draw on a total change of affairs , by insurrections in divers counties , and a fresh coming in of the scots , who now began to understand themselvs better . yet as is usual in matters , wherein several and distant parties undertake together , these could not hold time one with another , so as some were overthrown , before others appeared to stir . but as preparatory to these troubles , the parliament by a just judgment of god ( as a return for their own miscarriage in the same kind ) was much disquieted with tumultuating petitioners from surrey , kent , and other counties , who carried themselves with such violence , as some of the petitioners lost their lives by the guard which attended in the new palace-yard , & the loss of these persons was so ill resented abroad , as kent suddenly arose in a great body for the king , and had essex held time with them , it might have somewhat distracted the army , but essex men stayd , till the kentish strength was broken at maidstone , and then began to stir , whereupon the remainder of kentish men crossed the thames , and came into essex , where not being able to resist a complete army , the whole party of both counties was constrained to retire into colchester town , and was there besieged by general fairesax , and enforced to surrender for want of provisions . about the same time , the earl of holland made a party , and took arms on the other side of london , but finding no assistance from the countrey , he retired northwards , after some damage received , and being pursued by forces sent by the army , his party was routed at st. neots in huntington shire , and he his self there taken prisoner . neither had the scots under duke hamilton any better success , for cromwel having gathered together a competent force , fell upon them in their quarters , when they had scarcely heard of him , and he cannot be said to have routed them , for they were never suffered to gather themselves into a body , so as all that great army fell to nothing , without making the least opposition in any considerable number , and in the pursuit the duke their general was also taken prisoner . now the army having once more cleared the coast , had good leisure to fall into mutiny again , but it was against the parliament , and not against their officers , who made use of the common soldiers , to demand justice ( as they called it ) against the king , and for whatsoever else they the officers had in their desires ; and for this they found out a new and unheard of way , giving the soldiers leave to chuse agitators , being substitutes , receiving denomination from agitating their businesses , which then consisted only in medling with affairs concerning the publick . these persons were busie-headed fellows , pointed out by the officers , but elected by the soldiery , and held their assemblies , wherein they questioned all parts of the government , and proposed what new models they thought fit . this made the people in general almost mad , fearing that all would fall into absolute confusion , but the army officers meant no such thing , as parting at this time with their old masters , who had not yet done all their work , and who would be governed ; as they knew by experience , which perhaps a new and more numerous representive body would not have endured , and therefore they resolved only upon the seclusion of all those members , whom they had found to be principled opposite to their interest ; and so having had good trial upon our great debate concerning the personal treaty , and time to make a catalogue of such persons names , as they intended to seclude , during one days adjournment made by the house after having spent a whole night in that debate , they sent their red-coats early in the morning before the next sitting , who passed the streets with great cries , and so possest themselves of the house of commons-door , admitting only those members , whose names they found not in their catalogue , and seizing upon many of the rest who would have entred . i question not , but upon this occasion ( as upon all others of great importance ) they held a solemn fast among the chief commanders , to ask counsel of god , for the doing of that which they their selves had already resolved upon , which ( if i deceive not my self ) is one of the greatest hypocrisies that the world hath known . the house of commons being thus moulded according to their desire , they presently fell upon the formalities of that most hideous ( and not to be paralell'd ) murther of our royal sovereign , and upon the business of putting down the house of lords , with intention to establish a perfect democracy among us . but god hath preserved us from so unhappy a change : as for my self , being one of the secluded members , i from that time retired me wholly from publick affairs , till a farther call , which by gods mercy i lived to see , and had the happiness to be a member even of that house of commons , when all was disposed there for a perfect restitution of the ancient government under our most gracious sovereign charles the second , whom god preserve long in prosperity for his service , and for the happiness of these nations . and here i end this discourse , leaving it to better pens , to set forth the continuance of that anarchy , and the miraculous way of divine providence , in restoring us to our sovereign prince , and to our fundamental laws , without effusion of one drop of bloud in the military way . a short additament . since the finishing of this discourse , i have consulted the histories of several nations , to see , if i could meet with any thing running paralel to the raising and issue of this war ; but i have absolutely failed of doing it . it hath been usual for senates to take part with a power already raised by persons assuming the sovereignty ; so it was with the roman senate , when galba had prevailed against nero ; and that senate went farther than any other within my reading , for they proceeded to a capital sentence against their prince , but it was not till the imperial dignity was in a manner possessed by galba , and the military power was so far from being raised , or directed by themselves , as they durst not give the least countenance to it , till nero was absolutely run down . that which cometh nearer to us , is a levying of war by the roman senate against julius maximinus the emperor ; but at the same time they invested pupienus and albinus with the imperial purple in opposition to him , and claimed no sovereignty in themselves ; which setting up of emperor against emperor was a thing very frequent among the romans . in these later times , there have been divers rebellions against princes , wherein senates have been concurring , but have not originally formed the opposition . so in the united provinces of belgia , arms were first raised by particular persons , or places ; and the states ( or deputies of provinces ) afterwards approved , and concurred : and the parliament of paris adjoyned it self to the liguers ( or covenanters ) against the two last henries of france ; but that parliaments actions are little to our purpose ; for they are to be looked upon as no more than a standing court of judicature , wherein the peers of france are priviledged to sit at pleasure , and having jurisdiction only in some part of the french dominion ; ( except in cases of appeal ) and besides this , the war was neither begun , nor managed under their authority . in scotland , an assembly stiled ecclesiastical , ( though comprizing lay-persons ) was convocated by king charles the first , and they continued their session after his majesties act for their dissolution , assuming to themselves a power independent upon him ; but i never read , that they made any order for raising of military forces for maintenance of their decrees , though it was otherwise done against his majesty . in our chronicles , there is mention of divers kings deposed , even by parliament , but those parliaments did it in compliance with a strength already in being ; and they no ways either directed or concurred in raising that power . thus have i raked together out of several histories much filth , but none of so bad savour , as that contracted by our long parliament . there are some particulars of aggravation against that assembly , ( i mean chiefly the house of commons , who for the most spurred the lords into action as to things irregularly done ) which are not applicable to any of those in foreign histories : as first , that they levied war against their prince in their own name . secondly , that they were assembled by the king 's writ to advise him in his affairs , and therefore ought not to have acted against him . thirdly , that they were limited by the terms of that writ , and in that respect ought not to have exceeded those limits . fourthly , that they were representatives of the commons , and ( though they would be otherwise exorbitant ) ought not to have done things prejudicial to them , and contrary to the mind of their major part , as certainly they did , in levying of war , and in those things which ensued thereupon . and lastly , they assumed a jurisdiction upon the kings royal person , without the least colour of right , by making substitutes ( stiled by them a high court of justice ) to arraign him as a delinquent , and to proceed capitally against him , even to death it self ; whereas he alone was the fountain of all justice within his dominions ; and nothing of that nature could regularly be done against the meanest person ; but by vertue of authority , or commission from him . and all this when he was still acknowledged to be their king ; for he was so stiled in terminis at the arraignment . this is far beyond what hath been formerly done by any other body of men ; and is of so odious a condition , as pity it is , there cannot be a total obliteration of it , to prevent any transmission to posterity . it hath been hinted herein , that the levying of war against the king was displeasing to the people in general ; yet partly by terror , and partly by hope of advantage , the most powerful part of the nation was made instrumental in it ; and this may the better be believed , because many of the most important businesses transacted in that parliament were ( upon a weaker consideration ) carried on , contrary to the judgment of the major part of that house of commons . ( i intend the sense of the house , as it was constituted at first ; for to speak of it otherwise were like making a coat for the moon , which is never of the same dimensions , but either encreasing or decreasing . ) this seemeth a paradox , yet thus much i can say by experience , for the truth of it , that oftentimes very many members , of those who sate near me in the house , gave their voice the same way that i did upon putting the question ; and yet upon division of the house , they were ashamed to own it ; for then they associated themselves with our great managers of business in the way of opposition to his then majesty . of so great force is the desire of popularity with too many , which could not but have a very great influence upon matters of greatest consequence , that were usually determined without any great disparity in the votes . yet were not businesses always carried on in the house , according to the mind , and intended order of the leading persons ; for the business of that protestation made in the year had been taken into consideration at a private meeting of the grandees , and was there concluded to be unseasonable . yet henry martin being unsatisfied with their determination , moved it the next day in parliament , and found the house so disposed , as a vote was presently passed for a protestation , which was afterwards worded by a select committy , and approved of in both houses . and to this the leaders would not oppose themselves , though they conceived it to be improper at that time . having herein insinuated the different constitutions and inclinations of that house of commons , i may demonstrate it by particular resolutions , in the case of this henry martin , who as well by that of the protestation , as by some other successes in the seditious way , being exalted in mind , adventured to cast himself upon a rock ; and thus it was : when it had been some ways expressed in the house , that the good and happiness of this nation depended upon his majesties safety , and continuance of the royal line , henry martin stood up and affirmed it to be a mistake ; for ( as he conceived ) this nation might be very happy , though the royal line were extinct . upon these words he was presently questioned , and after some debate , voted out of the house , and he continued long under that exclusion : but the war being begun , and carried on , it was conceived , that henry martin might do good service , as a member , and so his restitution was moved for , but answer was soon made , that he was a person dead civilly , and could not be restored to life . hereupon young sir henry vane ( one of the oracles of those times ) arose and said , that the matter was very easie to be effected , by expunging out of the journal-book that order , whereby he had been cast out ; and that the house was ever understood to be mistriss of her own orders . this was found so ready a way , as the matter was presently determined , and henry martin having notice , came into the house again , disposed to do farther mischief . and that the house was otherwise disposed , before the members , who fully embraced the royal interest had forsaken the parliament , may appear by the difficult saving of sir henry ludlow , who thus exposed himself to danger . the house had newly received a message from his majesty , which was so far from being satisfactory , as many persons spake against it with much vehemency , and among the rest sir henry ludlow , who very resolutely used these terms : he who sent this message is not worthy to be king of england ; upon saying this , he was immediately interrupted , and the words were agreed upon preparatory to a charge ; but before his withdrawing , in order to a censure , mr. pym arose , and said , that those words contained nothing of dishonor to the king , which being found very strange , he thus cleared his meaning . if these words be such as a fair conclusion is naturally deducible from them , then they cannot be evil in themselves , but that a fair conclusion naturally ariseth from them , may be proved by this syllogism . he who sent this message is not worthy to be king of england , but king charles is worthy to be king of england ; and therefore king charles sent not this message . now ( saith mr. pym ) i leave it to judgment , whether or no this syllogism comprize any thing in it worthy of your censure . this argument was so ingenious , as sir henry ludlow ( with his ill meaning ) came freely off without punishment ; whereas those members , who were of the royal party , found no such effectual intecessions , but were ejected many in a day , and the house was replenished again with soldiers and other persons ( most of them ) of a tribunicial spirit and temper ; so as no wonder it is , that a body so fallen from its primitive constitution , having contracted so much evil habit , and prostituted it self to the embraces of an insolent and rebellious army , governed by commanders highly ambitious , should yield births of so horrid and prodigious a nature , which ( as we hope ) shall never be paralelled in any future age. and now , it is more than time , to conclude also this supplemental discourse , which is become greater than i my self at first intended . spicas aliquot legi , messem validioribus linquo . finis . die mercurii . maii, . ordered by the lords and commons in parliament assembled, that the armes of this common-wealth where ever they are standing, be forthwith taken down, and that the kings majesties armes be sent up in stead thereof. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e j thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii . maii, . ordered by the lords and commons in parliament assembled, that the armes of this common-wealth where ever they are standing, be forthwith taken down, and that the kings majesties armes be sent up in stead thereof. england and wales. parliament. sheet ([ ] p.) printed by john macock, and francis tyton, printers to the house of lords, london : . title from caption and opening lines of text. "the kings's arms to be set up instead of the commonwealth's" -- cf. steele. order to print dated: die mercurii . maii, . signed: jo. browne, cleric. parliamentorum. reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . england and wales. -- sovereign ( - : charles ii) -- early works to . great britain -- history -- charles ii, - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii . maii, . ordered by the lords and commons in parliament assembled that the armes of this common-wealth where ever they ar england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms die mercurii . maii , . ordered by the lords and commons in parliament assembled , that the armes of this common-wealth where ever they are standing , be forthwith taken down , and that the kings majesties armes be set up in stead thereof . die mercurii . maii ▪ . ordered by the lords in parliament assembled , that this order be forthwith printed and published . jo . browne , cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , . the copy of a letter sent from the right honourable, the lord paget, unto the honourable house of parliament declaring the reasons of his departure from them, unto the kings most excellent majesty at yorke. paget, william paget, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the copy of a letter sent from the right honourable, the lord paget, unto the honourable house of parliament declaring the reasons of his departure from them, unto the kings most excellent majesty at yorke. paget, william paget, baron, - . england and wales. parliament. sheet ([ ] p.) printed for hugh perry, [london] : . lord paget = william paget, baron paget. place of publication inferred from wing p . partly in the same setting as wing p . reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no the copy of a letter sent from the right honourable, the lord paget, unto the honourable house of parliament, declaring the reasons of his d paget, william paget, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the copy of a letter sent from the right honovrable , the lord paget , unto the honourable house of parliament , declaring the reasons of his departure from them , unto the kings most excellent majesty at yorke . it may seeme strange , that i , who with all zeale and earnestnesse have prosecuted in the beginning of this parliament , the reformation of all disorders in church , and common-wealth , should now in a time of such great distractions , desert the cause . most true it is , that my ends were the common good : and whilst that was prosecuted , i was ready to lay downe both my life and fortune : but when i found a preparation of armes against the king , under the shadow of loyaltie , i rather resolved , to obey a good conscience , then particular ends , and am now on my way to his majesty , where i will , throw my selfe downe at his feet , and die a loyall subject . paget . printed for hugh perry , . die sabbathi . novemb. . lords house. whereas upon the lords finding that there are many petitions depending in the house, ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbathi . novemb. . lords house. whereas upon the lords finding that there are many petitions depending in the house, ... england and wales. parliament. house of lords. sheet ([ ] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at london : . title from caption and opening words of text. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of lords -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbathi . novemb. . lords house. whereas upon the lords finding that there are many petitions depending in the house, ... england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ die sabbathi . novemb. . lords house . whereas upon the lords finding that there are many petitions depending in the house , and conceiving that many more may come in , which may occasion the repair and attendance of divers of his majesties subjects at this place : their lordships have thought fit , and accordingly have ordered it , that because there are many publike businesses of great importance in agitation , which concern the safety and weal of the kingdom , that all private businesses be deferred and put off till the first day of hillary terme next . whereof their lordships do hereby give publike notice to the whole kingdom , to prevent the charge and trouble which otherwise the petitioners might be put unto in repairing hither . ¶ imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . the articles of exeter made on the rendition thereof : with the vote of the honourable house of commons in the approbation of them of the of may, : with the order and ordinance of the lords and commons in parliament assembled for the approbation, publication, and observation of them by all committees, judges, and officers, aud [sic] others concerned in them of the of this instant novemb, . exeter (england) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the articles of exeter made on the rendition thereof : with the vote of the honourable house of commons in the approbation of them of the of may, : with the order and ordinance of the lords and commons in parliament assembled for the approbation, publication, and observation of them by all committees, judges, and officers, aud [sic] others concerned in them of the of this instant novemb, . exeter (england) fairfax, thomas fairfax, baron, - . berkeley, john, sir, d. . , [ ] p. [s.n.], london : . "the articles made and agreed upon between sir thomas fairfax, generall, and sir iohn berkley, governour of exeter ... "-- p. [ ]. reproduction of original in the harvard university library. eng exeter (england) england and wales. -- parliament. great britain -- history -- civil war, - -- treaties. a r (wing a ). civilwar no the articles of exeter made on the rendition thereof : with the vote of the honourable house of commons in the approbation of them of the england and wales. army d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the articles of exeter , made on the rendition thereof . with the vote of the honourable house of gommons , in the approbation of them of the . of may , . vvith the order and ordinance of the lords and commons in parliament assembled , for the approbation , publication , and observation of them , by all committees , judges , and officers , and others concerned in them , of the . of this instant novemb , . london , printed in the year , . dated at exeter the . day of april , at . of the clock at night . . articles of agreement concluded on by thomas hammond , lieutenant generall of the ordnance , colonel sir hardres waller , colonel edward harley , colonel lambert , commissary generall stane , and major patson , scout-master generall , commissioners on the behalf of the right honourable his excellency sir thomas fairfax , generall of the parliament forces on the one party : and sir henry berkley , sir george warry , col : william ashburnham , col : godolphin , captain fitz-gerard , master john were , robert walker esq. and master thomas knot merchant , commissioners on the behalfe of sir john berkley , knight , governour of the city of exeter on the other party , touching and concerning the rendition of the said city and garrison as followeth . . that the city and garrison of exeter , together with the castle , all forts , mounts , and places of defence of or belonging to the same , with all ordnance armes , ammunition , provision● and furniture of warre belonging to the garrison , exc●pting what shall be excepted in the ensuing articles ) shall be delivered unto sir thomas fairfax , generall of the parliament forces , or to any whom he shall appoint , to receive them for the use of the parliament , on munday next after the date hereof , being the . day of this instant april , by twelve of the clock at noone . . that if an officer , soldier , or any person included in these articles of or belonging unto the city or garrison of exeter , shall after the conclusion of these articles , wrong or plunder in person or goods ( in their marching away or before ) any citizen or countryman , or any person whatsoever , shall as far as he is able give satisfaction to the persons so injured at the judgement of his excellency sir thomas fairfax , if he be not punished before by the present governour thereof . . that if any officer , soldier , or any person ( included in these articles ) shall after the date hereof , wilfully break , deface , spoile or imbezell any armes , or other provisions of war whatsoever , by the precedent articles to be surren dred as aforrsaid , shall lose the benefit of the ensuing articles . . that the princes henrietta and her governesse , with her houshold , shall have full liberty to passe with their plate , money , and goods , within twenty daies after the conclusion of this treaty , ( when she shall desire ) to any place within the continent of england , or dominion of wales , at the election of the governesse , and there to remai●e untill his majesties pleasure be farther knowne tou●hing her setling ; and that the governesse shall have liberty to send to the king to know his pleasure herein , accordingly to dispose of her highnes , within the foresaid limitation of place , and that fit and convenient carriages be provided for their passage at reasonable rates . . that the cathedrall church , nor any other church within the city shall be defaced , or any thing belonging thereunto spoiled or taken away by any soldier or person of either side whatsoever . . that the governour , together with all lords , gentlemen , clergie-men , chaplaines , officers , troopers , and common-soldiers of the kings forces ▪ shall march out of the city on munday next the . of april , by twelve of the clock at noone , with their horses , full armes , bag and baggage , and their goods , colours flying , drums beating , maches lighted , bullets , full bandoleers , with sufficient convoyes to oxford , or unto helstone in cornwall , at their severall elections . and in case the governour of oxford shall refuse to receive the common-souldiers that shall march thither : they are there to deliver up their armes to the convoy , and have passes to repaire to their severall homes : and those that march to helston , and there to be disbanded , and have passes to repaire to their owne homes . provided that all troopers and common-soldiers which march not as aforesaid , shall deliver up their armes , ( except their swords ) and have liberty to goe unto their owne homes with bag and baggage , and shall not be compelled to take up armes against the king . provided also , that all officers and gentlemen that shall c●oose to goe to oxford , and not taking up armes , shall repaire into the parliament quarters within forty dayes after the date hereof , shall enjoy the benefit of these articles . . that all those which shall march unto the places aforesaid , shall have free quarter in their march , and not be obliged to march above tenne miles a day , and that such other souldiers as are inhabitants in the city , shall have free liberty to march out , or remaine therein , without being compelled to take up armes against the king : and if any souldiers shall fall sick upon their march , that convenient carriages and accommodations shall be provided for them . . that all lords , gentlemen , clergymen , chaplaines , and officers that shall chuse to goe beyond seas , shall march away with their full armes for their owne use ; and that all common soldiers shall march away with their full armes , with a sufficient convoy unto the port , which they shall choose for their transportation , which armes ( except swords ) they shall there lay down , and deliver unto the governour of the next garrison belonging to the parliament ; the said governour providing for their safety , during the time of their abode there , where they shall be assisted for the procuring vessels and shipping for their transportation at the accustomed rates , and shall have free quarter for one and twenty dayes allowed to provide for their passage . after which time shall be expired , the same officers and souldiers paying for their quarters , shall have liberty to stay untill shipping be provided , and weather seasonable ▪ and that during their stay , or before , it shall be permitted , that any two of them may goe to london , to treat with any forraigne embassadour or agent , for a commission to be entertained beyond the seas . . that neither the officers , souldiers , nor any person whatsoever , in their going out of the city , shall be reproached , or have any disgracefull speeches or affronts offered unto them , or any of their persons wronged , rifled , searched , or their goods seized , or taken away from them , by any person whatsoever . . that the governour , lords , gentlemen , clergymen , chaplaines , commanders , officers , and souldiers comprized in these articles , shall be allowed and assisted in providing of sufficient carriages at reasonable rates , to carry away their bag , baggage and goods ; and that care be taken by the future governour of the said city , for the curing of such sick , or wounded officers and souldiers , as shall be left in the city , and that upon recovery , they shall have passes to repaire to their owne houses respectively . . that the parliament forces come not into the city untill the kings forces be marched out , except one hundred and fifty foot , and one troop of horse , with their officers . . that no lords , knights , gentlemen , clergie-men , chaplaines , ( excepting those who are by name excepted by parliament from pardon and composition ) officers , citizens and soldiers , and all other persons comprized in these articles , shall be que●●●oned or accomptable for any act past by them done , ( or by any other done by their procurement ) relating unto the unhappy differences betwixt his majesty and the parliament , they submitting themselves to reasonable and moderate composition for their estates , which the generall sir thomas fairfax shall really endeavour with the parliament , that it shall not exceed two yeates value of any mans reall estate respectively ; and for personall , according to the ordinary rule , not exceeding the proportion aforesaid . which composition being made , they shall have indemnity of their persons , and enjoy their estates , and all other immunities , without payment of any . or . part , or any other taxes or impositions , except what shall be hereafter charged upon them in common with other subjects of this kingdome by authority of parliament . . that all lords , knights , gentlemen , clergy and chaplaines excepted in the next precedent article , shall have liberty to goe unto any of the kings garrisons , and to have a safe conduct for themselves and servants , to goe unto the parliament , to obtain their composition for their estates , and indemnity for their persons , which though it prove uneffectuall ) yet neverthelesse they shall have foure months time next after the date of these articles to endeavour their peace , or to goe beyond the seas , and shall have passes for that purpose . . that all horses , armes , money , and other goods whatsoever , taken as lawfull prize of war , before , or during the seige now in the city be continued in the posses●●on of the present possessour . . that all officers , gentlemen , citizens , inhabitants , clergymen , chaplains , souldiers , and all other persons within the city , during the time of the making their compositions , shall have free liberty , either to inhabit within the same city , or shall have free liberty at any time to depart with their families , goods and estates , unto any part of the kingdome in the parliaments quarters , and before composition made , the merchants and tradesmen to enjoy their merchandizing and trades . and after compositions made , all others now prohibited by ordinance of parliament , to enjoy and exercise their professions , or goe beyond the seas . and that they , and every of them , shall have power to dispose and sell to their own uses , either by themselves or others , whatsoever part of their goods or estates , they shall not carry or convey away with them ; and all inhabitants which did inhabit within the city , within seven moneths past , having made their compositions as abovesaid , shall enjoy the benefit of this , and of the . and . articles . . that all charters , customes , priviledges , franchises , liberties , lands , estates , goods and depts of the major , aldermen , bayliffes , comminalty , as a corporation , and all corporations of the said city shall be enjoyed by them : and that the ancient government thereof , remaine as formerly . . that if any persons , or inhabitants which are comprized within these articles , shall break any of them , that such breach shall only touch and concerne such persons , and they , to make ●●ch satisfaction for the same , as the cause shall require . . that all persons comprized within these articles , shall have upon request , a certificate under the hand of his excellency sir thomas fairfax , or the future governour of that city , that such persons were in the city , at the time of the surrendring thereof , and are to have the benefit of these articles . . that his excellency sir thomas fairfax , give assurance , that all officers and souldiers in the parliaments army , and all other under his command , shall duly and exactly observe all these articles . and if they , or any of them , shall directly , or indirectly violate or infringe the same , upon complaint thereof , justice may be done , and reparation made . . that the inhabitants of the city shall be eased , & freed from all free quarter and billet of souldiers , except in cases of urgent necessity other then for lodging , and that to be ordered and disposed by the advice of the major and his deputy . . that no oath , covenant , protestation or subscription relating thereunto , shall be imposed upon any person whatsoever comprized within these articles , but only such as shall binde all persons aforesaid , not to bear armes against the parliament of england , now sitting at westminster ; nor wilfully doe any act prejudiciall unto their affaires , whilest they remain in their quarters , except the persons aforesaid , shall first render themselves unto the par●● . who shall cause them to be secured , if they think ●it . . that for the further and cleerer understanding of the precedent articles : it is hereby declared , that the true meaning of them is , that all persons comprized within these articles , shall quietly and peaceably enjoy all their goods , debts , & moveables , during the space of four moneths , next ensuing : and be free from all oaths , covenants , protestations ; and have liberty within the time of the said four moneths , in case they shall not make their compositions with the parliament , and shall be resolved to goe beyond the seas , to dispose of their said goods , debts , and moveables , allowed by these articles , and depart the kingdome , if they think fit , and to have passes for that purpose , or otherwise to stay in the kingdome . . that mount radford , and the wards in saint thomas parish with the provisions of war thereunto belonging , be delivered unto his excellency sir thomas fairfax , or whom he shall appoint , to receive them in assurance of the performance of the precedent articles , to morrow by six of the clock in the afternoone , being the ninth of april . and that foure such gentlemen or officers as his excellencie shall approve of , shall be delivered at the same time as hostages for the peformance of the fore-going articles on the one party . and that at the same time two hostages be delivered unto sir john berkley , knight , and governour of the city of exeter , such as he shall approve of , or unto whom he shall appoint , to receive them in assurance of the full performance of the articles granted on the other party . . lastly , that these articles be ratified and confirmed mutually by his excellency sir thomas fairfax on the one party , and sir john berkley , knight , governour of the city on the other party . j doe ratifie and confirme the articles abovesaid , agreed upon by the commissioners on my part . given under my hand the . day of april . . fairfax . ex ' et concordat cum original ' . h. elsynge , cler. parl. d. com. die mercurii . maii. . the articles made and agreed upon between sir thomas fairfax , generall , and sir iohn berkley , governour of exeter , upon the rendition of the said city , &c. to his excellency sir tho : fairfax , were all this day read , and upon the question approved . h. elsynge cler. parl. d. com. die jovis . novemb. . the lords and commons assembled in parliament doe approve of the articles of exeter , and order this approbation be published , to the end all people concerned may take notice thereof . and that the committees , iudges , officers , and other persons concerned therein , doe take notice thereof , and observe the same , any orders or ordinances to the contrary notwithstanding . jo : browne cler. parliamentor . h. elsynge , cler. parl. d. com. truths right-side tvrned upwards, or, armies vindication against an aspersion of rebellion and tyrannie cast upon them in several books, whereof one subscribed by divers ministers in the province of london, another by mr. geree, &c : not onely cleering the case of the armie to be just, but retorting the force of the arguments of their opposers upon themselves / by william potter. potter, william. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) truths right-side tvrned upwards, or, armies vindication against an aspersion of rebellion and tyrannie cast upon them in several books, whereof one subscribed by divers ministers in the province of london, another by mr. geree, &c : not onely cleering the case of the armie to be just, but retorting the force of the arguments of their opposers upon themselves / by william potter. potter, william. geree, john, ?- . [ ], p. printed by james and joseph moxon, for william larnar and to be sold at his shop ..., london : . reproduction of original in huntington library. eng england and wales. -- army -- history. a r (wing p ). civilwar no truths right-side turned upwards. or, the armies vindication against an aspersion of rebellion and tyrannie cast upon them. in several books potter, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion truths right-side turned upwards . or , the armies vindication against an aspersion of rebellion and tyrannie cast upon them . in several books , whereof one subscribed by divers ministers in the province of london ; another by mr geree , &c. not onely cleering the case of the armie to be just ; but retorting the force of the arguments of their opposers upon themselves . by william potter . romans . . and thinkest thou this , o man , that judgest them which do such things , and doest the same ; that thou shalt escape the judgement of god ? london , printed by james and joseph moxon , for william larnar , and are to be sold at his shop , at the signe of the black-moor , neer bishops-gate . mdcxlix . to his excellency thomas lord fairfax , and his general councel of officers . right honourable , and honoured gentlemen , having amongst many others , observed your constant proceedings ; and being no less convinced of the justness , than of the publike safety that your successes tend unto ; it was a great burden to my spirit , that your actions should be so publikely and so fouly mis-represented , as by many they have bin , especially of late : now fearing lest through the subtilty of our common enemy , the devil , who fails not to endeavour by strong delusions to deceive , if it were possible , the very elect : ( though i was informed and assured you undertook not so great a work without strong prayers , hearts plyable to the light you should receive , and sufficient premeditation ) yet i say , fearing least any one of you ( through the strong assaults of so many temptations on every side , both spiritual and temporal ) should be in the least measure discouraged : and perceiving what a floud of weighty affairs are at once fallen upon your shoulders : i did humbly beseech god ( who for the most part makes use of weakest means ) at this time to enlarge my small talent beyond its ordinary capacity , in the vindication of you , against such more than ordinary aspersions ( which nothing but the meeknes of true christians would enable men of your power and trust patiently to bear ) the justness of your proceedings being grounded upon principles as cleer , as the faculty of human understanding can evince . yet being much pressed for want of time , i could onely touch upon such general heads , as necessarily tend to the true state of that act for which you are so highly and with such strong presumption condemned : whereby ( although finding that much more might have bin said to your vindication therein ; i was necessitated to cut my way shorter than otherwise i should have bin willing . thus humbly taking leave of your excellency , and your honourable councel , i rest . happy if i may be in the least measure serviceable to christ in his servants , w. p. to the reader . christian reader , i have observed , and found by much experience , how dangerous a thing it is to judge of our fellow-professors by the out-side and colour of their actions , whose most sincere intentions god for the most part hides from the world , under circumstances of very foul appearances ; as if he meant to make the world believe , that he hath no true servants in the world ; but that such as pretend most to godliness amongst us . are the veriest hypocrites , and are not ashamed to own the vilest of actions , under the notion of religion : as to instance , abraham must do that out of conscience , which the world no doubt looked upon as the attempting to murder his son . the israelites take their farewel of the aegyptians , carrying their treasure with them by a command from god , under a pretense of borrowing it : a thing , though ( all circumstances considered ) justifiable , yet of a foul appearance . and afterwards they seem to overthrow their owne doctrine against images , by setting up a brasen serpent : and at last , ( as if god were at odds with himself , and angry that men should reverence his own ordinances ) it must be broken to pieces . jeremiah is put upon such a message from god , for which he is accused of sedition . and when the iewish religion began to be noted by the world , as the orthodox worship , christ ( as if he affected nothing but novelty ) seems in their eys to cut it up by the roots : and ( as if he liked not to be served long after one fashion ) when once men built upon his own principles that which they called catholick ; he sends his own servants to protest against it , ( as in luther and others : ) and when his doctrine also became a little popular , you shall scarce find a christian , but under the new name of puritan ; and now it begins to be a credit to be an old puritan , you shall scarce find any heat of true spiritual life , but amongst them who are rayled against for the broaching of heresie . by all which seeming mutability , god testifies his constant prosecution of the same designe , viz. to make christ , who to the greeks is foolishness , and to the iews a stumbling block ; to his owne servants , the power and wisdom of god to salvation ; which being fitly applicable to the times where in we live , and the act of the army which i have undertaken to vindicate ; i thought it not amiss to make the observation thereof one part of my discourse in preface thereunto . and so i rest thy fellow-servant in christ w. potter . truths right-side turned upwards . or , the armies vindication against an aspersion of rebellion and tyrannie cast upon them . i having read some books inveighing against the armies late removing some members of parliament from sitting in the house ; wherein they utterly mistake the state of the present condition of affairs in the kingdom in all their arguments ; could do no less in duty , than humbly to propose my thoughts , in vindication of them therein . those who dispute against them , do affirm these six things , viz. first , that they have resisted authority . secondly , broken their trust and vows to god and men . thirdly , dissolved the parliament . fourthly , justified the king in that former somthing parallel attempt of his . fiftly , opened a gap to all rebellion . sixtly , acted without any warrant from holy writ . all which i conceive are grounded upon this one mistake , viz. by giving that authority to governours which is the right of a free-born people , and onely justifies our taking up of arms in vindication thereof . that is , that the peoples trustees , and not their governours , should be judges of their own laws , and consequently to remove their rulers , if they will not keep themselves within the bounds of their trust : which how it may be applyed to justifie the present act of the army , in regard this parliament was chosen to be the sole judges thereof in the behalf of the people ; and consequently the king who attempted to offer them violence in the performance of this their duty was so justly condemned . how this army in this particular can be justified , is the scope i aime at . in order to which , we may observe that before the king deserted his trust ; the parliament ( being the people ) were in such a capacity , that they were the sole judges of what concerned the peoples freedoms , and therefore could not be said to tyranize over the people . but since the king deserted the parliament , they became governours themselves ; and all governours of a free people , ought to have their wills regulated by the peoples trustees over whom they rule : which as the case now stands , the army having authority to do , did not in restraining these members , act out of their places and callings : and to cleer these particulars , we shall handle them in this order : namely , to prove . what it is to be in a capacity to act tyrannically , and what not . . that before the kings deserting the parliament , they were not in a capacity so to act . . that since the kings deserting the parliament , they are in a capacity so to act . . that the army have a lawful authority to judge of , and restrain them from so acting . which . being soundly proved , i doubt not but our adversaries , such as are ingenuous , will yeild and confess , that god hath overcome them , not onely by swords , but words ; by strength , but truth ; by might , but right . and first , to be in a capacity to act tyrannically , is for rulers to be the sole judges of what they do or order , in reference to the government of the people : because in this case , whatsoever they ordain , the people are in no capacity to shew their dislike : and consequently , if for their own privat advantage , or some other by-respect they take away the just due or interest of some other man or men , there is no power on earth to check or restrain them . on the other side , when rulers can make no orders or proceedings that are binding . but those which the people ( by their lawful deputies ) are in a capacity to dis-avow and restrain , then rulers are not in a capacity to act tyrannically . . before the kings deserting the parliament , they were not in a capacity to act tyrannically . for the parliament were the people met together , to demand of their rulers what they thought meet for their owne safety , and therefore were not in a capacity to tyrannise over the people , because themselves were the people , and not the rulers , but were to return to their dwellings , and themselves to be ruled by those laws they demanded . . since the kings deserting the parliament , they are in a capacity to act tyrannically . for in his absence , they were by approbation of the people , to take upon them to be rulers : that is , to make orders and ordinances to govern the people by . now it is already proved , that for rulers to be the sole judges of what they do or order in reference to the government of the people , is to be in a capacity to act tyrannically . therefore since the kings deserting the parliament , they are in a capacity so to act . or secondly , by giving commission to armies , they become the governours of those armies ; and by governing them , they govern the kingdom : now to govern a kingdom , especially by force of arms , and to be the sole judges of what they do or order in reference to the government thereof , is to be in a high capacity to act tyrannically . . that the armies which they raise , have a lawful authority to judge of and restrain them from so acting . for first , the people in parliament are not governours , but as some of us are willing to acknowledge them so : for it is the unquestionable right of a free people , not to be subject to any whether they will or no . indeed the jews had somtime governours appointed them by divine authority ; but we ( as far as we enjoy our freedom ) not without our own choise , and therefore as we were free in chusing them to represent us as the people of england , so we were as free in chusing whether we would allow them to be our governours ; except we grant that the kings deserting the parliament , and their undertaking to free us from tyrannie , could entitle them to be our governours , though none of the people of the land had at all believed that they intended it . therefore the people in parliament were not our governours , but as some of us were willing to own them so . and that this is a truth , appeareth secondly , by the parliaments declaring the case , and therein appealing to the people to be their own judges , whether they wou'd receive commissions , and take up arms under their authority or no . . we never owned their authority in giving commissions to us or any of us , but as it gave them who received the commissions for us , a lawful authority to judge of and by the sword , or otherwise to restrain them in acting tyrannically . for if they gave us or our deputies ( whom we and they entrusted to receive the sword to defend us ) a commission to oppose the arbytrarie and tyrannical power of governours , then they gave us in our said deputies , a commission to oppose it in themselves ; because in receiving their commission , we allow of them as governours . which although it might not be expresly mentioned in their said commissions , yet it is to be understood , because we had no other reason to take up arms against our former governours , but to oppose tyrannie . and secondly ( as i have already shewed ) if those who in the capacity of rulers do make ordinances , should also in the capacity of people have sole power to judge of the justness of them , then they are invested with power both to make ordinances whereby to dispose of the publike monies for their own privat use , or otherwise dispose of our lives and estates , and also be the sole judges of the justness of so doing : and it is not tolerable that our taking up arms against tyrannie , was to maintain such a tyrannical power . wherefore it must necessarily be allowed , that we never had owned their authority in giving commissions to us , or any of us , but as it gave them authority , who received the commissions for us , again to judge of , and restrain them in acting tyrannically . . that thus to oppose , is the proper work of the armies raised by them ; they being those who are entrusted with the sword . first , because none but they are lawfully entrusted to use their endeavours for this end : and therefore if those who have no commission to assert our liberties , should ( being of another judgement ) endeavour to oppose the army in what they do according to their commission , they should oppose them acting according to their places and callings to preserve the people , without any commission or authority : for to oppose those that act by a lawful commission , is to rebel against authority . . if both we as the people in parliament , were willing to give them a commission to defend us the people of the land against the tyrannie of governours ; and also they ( as willing to venture their lives in such our defence ) were willing to accept of this our deputation , as sufficient authority to bear them out in so doing : then though ( now we see their acting ) we do not approve of their acting therein , yet if we resist them , we act as private men against the authority given them by all the people in parliament ; and after we have engaged ourselves to allow them liberty in so acting , howsoever they should act therein , we also break our trust and engagement if we deny it unto them : therefore to use the sword to oppose tyrannie is their proper work , and not ours . so that you see here are three reasons why we may not oppose them herein . first , none can show a commission to oppose tyrannie but the army . secondly , we all entrusted them to use their best skill herein . vvhich one is divided into two arguments . . that they who oppose them , oppose their private opinions against their own authority in parliament . and . break their publike engagement to the parliament and kingdom : which david saith we may not do , though the keeping thereof should be to our prejudice . now then , you see it proved , that it is not onely the work to which they are called lawfully : but so theirs , as none else may oppose , without opposing the authority of the whole kingdom . therefore the armies raised by the authority of parliament , have a lawful authority to judge of , and restrain the same parliament ( as they are not our selves or people , but our governours ) from acting tyrannically . and now i come to answer the six things before mentioned , alledged against their proceedings herein . object . . that they have resisted authority . to which i answer , that i have proved they were so far from acting against authority , that they have acted herein according to their places and callings : and it is impossible that mens very doing their duty should be the committing of sin , or acting rebelliously . . i answer , that if the members in parliament , as they are our governours , have no authority to act and persever in acting things contrary to our liking , declared by our lawful deputies ; then in so acting , they act that which they have no authority to do : in which to oppose them , is to oppose their wills onely , not their authority . . it might by the same reason be proved that the parliaments war is unlawful , because therein they opposed the will of him that was their governour . therefore the a●my have not resisted authority . object . . that they having vowed , and being entrusted to maintain the priviledges of parliament ) have broken their vow and trust herein . answ. the priviledge of parliament is the priviledge of the people , whereby through their lawful deputies they are authorised to oppose that which they judge to be tyrannie in their governours . but the army ( seing they , and none else have commission to oppose tyranny ) are therefore the lawful deputies entrusted to oppose that which they judge tyrannie in their governours : therefore they have performed ( not broken ) their trust and vows to god and men in thus doing . object . they have dissolved the parliament . answ. if the parliament be now not in the capacity of a formal parliament or people , met to demand our liberties of our governours , but as it were , a councel of state , authorised ( by means of them our lawful deputies , taking up arms under their command ) to be our governours ; then to remove such evil governours as by our lawful deputies we judge tyrannical , is not to dissolve a parliament , nor yet to destroy , but regulate such a councel of governours , who must needs ( in this case ) without such a removal , be in a capacity to destroy , but not to save us ; and by such a removal , are restored unto a capacity to rule us safely . now i say , if this be true , ( all which is either cleer of it self , or already proved ) then the army have not by this act dissolved the parliament , nor yet the government , but have done that , which if they had not done , this councel would have bin not onely useless , but destructive to us , and being done , is restored unto a capacity to preserve us : whose preservation is the onely end of our fighting , and of their government . object . . that they justified the king in that former somthing parallel attempt of his . answ. they are parallel in nothing but this , that the kings act was in as high a degree of breaking of trust , as the armies was a keeping of trust ; that the army without so acting , could not have performed their trust , i have already proved ; because they being in place of us the people , cannot be faithful to us , but in removing such governours they judge tyrannical . and that the king without resisting the free parliament or people of england , could not lightly have broken his trust , is as cleer ; but sure i am , that by his attempt to remove some of them out of the house , he did endeavour to over-aw the rest , and so to make us all his creatures and slaves , by our own consent in parliament , is so evident , as it need not be proved : which is manifestly against his oath and trust . object . . that they have opened a gap to all rebellion . answ. for the lawful deputies of the people not to be satisfied without a timely removal of such as they judge tyrannical governours ; is so far from opening a gap unto , that it shuts the dore against rebellion , which otherwise they judge would ensue ▪ for that is properly rebellion , which is acted against the authority of the people in their lawful deputies , upon any pretense whatsoever . object . that they have acted without any warrant from holy writ . answ. he that turns the truth with the wrong side upwards , and in that posture laies it to the rule of god word , must needs give a judgment quite contrary to truth : for we have proved that insteed of resisting our authority , they have maintained our authority : insteed of breaking their trust , they have performed their trust : insteed of justifying the kings act , they have condemned it : insteed of opening a gap to rebellion , they have shut the dore against it : and consequently it follows , that insteed of acting without warrant from holy writ , they have acted by authority from such warrant . and now , not doubting all honest christians will see their error , and ( as david ) take their own sentence to themselves unto whom it belongs , which they have urged with as much zeal as we can press upon them ; we are assured they will yeild obedience unto lawful authority , which if others amongst them refuse to do , shall not god ( to use his own expression ) laugh to see them taking such pains , thus to sentence themselves , whilst they rejoyce in conceit , that they have beaten his cause and servants down to the ground ? and shall not all the saints say amen ? even so be it lord jesus . finis . to the supreme authority the parliament of the commonwealth of england, assembled at westminster. the hearty congratulations and humble petition of thousands of well-affected gentlemen, freeholders, and inhabitants of the county of kent, and city of canterbury. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the supreme authority the parliament of the commonwealth of england, assembled at westminster. the hearty congratulations and humble petition of thousands of well-affected gentlemen, freeholders, and inhabitants of the county of kent, and city of canterbury. england and wales. parliament. sheet ([ ] p.) for livewell chapman, printed at london : . praying that the existing form of government should be secured and maintained. dated at end: this petition was presented the th of june; and the petitioners being called in, they received the thanks of the house for their good affection to the commonwealth. annotation on thomason copy: "june. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to the supreme authority the parliament of the commonwealth of england, assembled at westminster.: the hearty congratulations and humble pe england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the supreme authority the parliament of the commonvvealth of england , assembled at westminster . the hearty congratulations and humble petition of thousands of well-affected gentlemen , freeholders , and inhabitants of the county of kent , and city of canterbury , humbly sheweth , that upon the first report of your being invited to that supream trust , from which you were illegally interrupted , we were surprized with joy in the hopes of our approaching deliverance : and beholding your declaration manifesting your resolution ( in the strength of god ) to endeavour the settlement of this commonwealth upon such a foundation , as may assert , establish , and secure the liberties of the people , both as men and christians ; your petitioners are filled with hope , that a price being once more put into your hands , you will endeavour to compleat and perfect what you have declared ; that the sincerity of your engagements may be made conspicuous in the eye of the world , by the reality of your righteous actions . and although we cannot omit to expresse the fears in some , of a relapse , by the continuance of many in places of trust , who in april . laboured not onely to make the name of a commonwealth odious , but to plunge us into a more dangerous gulf of tyranny and slavery then we were in in . yet we are rather perswaded , that the god of heaven , after his long chastisement both of you and us ( who hath made the mountain of monarchy become a plain , by restoring you to your intrusted rights ) will carry you on to accomplish greater things then hitherto our eyes have seen : that the present age may joyfully conclude your last works to be more glorious then the former , and future generations triumphantly sing , many parliaments have done worthily , but you have excelled them all . wherefore we take boldnesse humbly to offer at present to your grave and serious considerations , these few particulars following . . that for the future settling of this nation , upon the firm basis of a free commonwealth , you would be pleased to make such provision for securing of the government , as that no usurping spirit might be able to bring us back to monarchy , nor introduce oligarchy upon us ; and that the future elections may be so settled , that the good people may be freed from fears of the old enemies and neuters getting up to lord it over us , by putting such qualifications on the electors and elected , as may not give up our dear-bought freedome , and as may appear just in the sight of all . . that for the prevention of forraign invasions , and domestick broyls , the militia of this county , and other parts of the commonwealth , may be timely settled in the hands of faithfull men , that have in these trying times been stedfast to the interest thereof . . that all which professe faith in jesus christ , and live peaceably in godliness and honesty , though different in apprehension in matters of faith and worship , may be equally protected and incouraged ; and that the vexatious and intolerable burthen of tithes may be taken away , and no other forced maintainance imposed on the tender consciences of such as maintain their own ministers . . that all such faithful persons that have been illegally removed from places of trust military or civil , or have quitted their imployments for conscience-sake , and faithfulnesse to this common-wealth , may be invited and restored to their former capacities . . that the mischievous inconveniences , irregularities , delayes , and chargeableness of the law may be rectified , by distribution of justice to the people in their severall counties ; and that the great cheats in sales and mortgages may be prevented , by settling of registers in each county . . that you would be mindfull for the quickning of trade so much decayed , principally that of clothing , which greatly concerns this county ; the fail whereof hath greatly impoverished and ruinated many families . in the prosecution of which , we shall , with the utmost hazard of our lives and estates , stand by you against all opposers , and with hearts bowed down to the father of spirits implore strength for you . this petition was presented the th of june ; and the petitioners being called in , they received the thanks of the house for their good affection to the commonwealth . printed at london for livewell chapman , . to the high court of parliament of the common-wealth of england, &c. the humble petition of john wagstaff, gent. inhabitant of the county of warwick. wagstaff, john, of warwickshire. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the high court of parliament of the common-wealth of england, &c. the humble petition of john wagstaff, gent. inhabitant of the county of warwick. wagstaff, john, of warwickshire. sheet ([ ] p.) s.n., [london : ] imprint from wing. requesting that sir richard temple not be allowed to be a member of parliament. annotation on thomason copy: "jan. .". reproduction of the original in the british library. eng temple, richard, -- sir, - -- early works to . england and wales. -- parliament -- membership -- early works to . a r (thomason .f. [ ]). civilwar no to the high court of parliament of the common-wealth of england, &c. the humble petition of john wagstaff, gent. inhabitant of the county of wagstaff, john, of warwickshire a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the high court of parliament of the common-wealth of england , &c. the humble petition of john wagstaff , gent. inhabitant of the county of warwick . sheweth : that whereas sir richard temple barronet , was chosen a member of this present parliament , for the county of warwick , being under the age of one and twenty years , until the of april next , as appears by the registers book of saint martins in the fields , it being contrary to the instrument of government ; and whereas many of the said county of warwick did by petition to the lord protector and his council make known so much , whereupon the said sir r. temple was rejected by the said council , as a person incapable to sit in parliament , and the petitioners were promised that a new writ should issue forth for the choosing another in his place , which being delayed , the said sir richard temple hath contrary to the said qualification , intruded himself into the house , which your petitioner fears may be prejudicial to him in regard of a tryal with sir richard temple by doctor denton his gardian , although his interest is wholly in trust , for the lord baltinglass is in right of his lady , the trial being for summ l. per annum , on monday next in the upper bench . therefore he humbly prayes that the said sir r : t : ( according to the said qualification , which all other countries have carefully follow'd , as the county of warwick are desirous to observe ; ) may not be admitted to sit in the house , but that a new writ may be issued for the chosing of another in his place . and your petitioner shall ever pray , &c. john wagstaff . by the king and queen, a declaration william r. england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a declaration william r. england and wales. sovereign ( - : william and mary) william iii, king of england, - . mary ii, queen of england, - . sheet ([ ] p.) printed by charles bill and thomas newcomb ..., london : . reproduction of original in huntington library. broadside. at end of text: given at our court at hampton-court the fourth day of april, . assures english soldiers serving in the netherlands of receiving english pay. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king and queen , a declaration . william r. whereas false and seditious rumours are spread abroad by persons disaffected to our service , that such of our forces as are or shall be sent into the low-countreys , shall from the time of their arrival there , be no longer continued on the english establishment , and receive no other pay then the dutch , or other foreigners of the same quality , in those parts ; for the preventing the ill effects of such false suggestions , we do hereby declare , 〈◊〉 all such forces within our present pay and entertainment , as are 〈…〉 sent to the low-countreys , or any parts beyond the seas , shall be alway● 〈…〉 our english pay , and upon the english establishment , as fully to all 〈◊〉 and purposes as any other regiment of our subjects , of the same quality , remaining within our kingdom of england . given at our court at hampton-court the fourth day of april , . in the first year of our reign . god save the king and queen . london , printed by charles bill and thomas newcomb , printers to the king and queen's most excellent majesties . . two ordinances of the lords and commons in parliament assembled . july . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) two ordinances of the lords and commons in parliament assembled . july . england and wales. parliament. sheet ([ ] p.) printed for mathew walebanck, london : . both signed: h. elsynge cler. parl. d. com. ordinance of july for settling of the militia revoked. the ordinance of may to remain in force. ordinance of july declaring traitors those who get subscriptions to the engagement is null and void -- cf. steele. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no two ordinances of the lords and commons in parliament assembled . july . england and wales. parliament. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion two ordinances of the lords and commons jn parliament assembled ▪ july ▪ iuly ▪ bee it ordered and ordained by the lords and commons in parliament assembled , that the ordinance of the . of this instant july for the setling of the militia of the city of london , bee , and shall be hereby revoked , and made voyd to all intents and purposes , and that the said ordinance of the th , of may for the said militia of london be in full force and vertue , any thing in the said ordinance of the th . instant , to the contrary notwithstanding . h. elsynge : cler parl. d ▪ com : die lune iulii be it ordayned by the lords and commons in parliament assembled , that the declaration of the twentie fourth of this instant july , which declare all those traytors , and so to forfeit life and estate , who shall after publication thereof act thereupon to get subscriptions , be null and void any thing in the said declaration to the contrary notwitstanding h ▪ elsyng cler ▪ parl ▪ d. com. london printed for mathew walebanck . baston's case vindicated, or, a brief account of some evil practices of the present commisioners for sick and wounded, &c. as they were proved before the admiralty ... baston, samuel. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) baston's case vindicated, or, a brief account of some evil practices of the present commisioners for sick and wounded, &c. as they were proved before the admiralty ... baston, samuel. [ ], p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- admiralty. -- commission for sick and wounded. prisoners of war -- england. great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion baston's case vindicated : or , a brief account of some evil practices of the present commissioners for sick and wounded , &c. as they were prov'd : . before the admiralty . . before the council ; and . before the commissioners for stating the publick accounts . london , printed in the year , . to the lords spiritual and temporal , in parliament assembled . may it please your lordships . if the delaying and perverting of justice , supporting the guilty , and persecuting the innocent , and that in matters which concern the publick welfare , be fit for the cognizance of parliaments : then , i humbly conceive , the following matters may not be improper for this most august assembly , which the duty i owe to my king and country , and the impositions and hard usage i have receiv'd , has oblig'd me to lay before this most honourable house ; humbly praying , all due protection and incouragement , against my many powerful adversaries , so far as i have been , or shall be found in the right ; and more especially , because it will appear , i did my duty for the good of the publick , repugnant to my own private interest . i am , with all profound respect , your lordships most obedient servant , samuel baston . baston's case , &c. i was a clerk to the commissioners for sick and wounded , and exchanging prisoners at war , about years ; towards the end of which time i came to understand the following miscarriages ; particularly that of the prisoners at war , which i happened to know after this manner : i being part owner of a vessel imploy'd in transporting prisoners at war , between dover and callais , the capt. of the said vessel was obstructed in getting his money for the freight of the french prisoners , which by the general (a) cartel was to be paid by the commissary of that port in france where they should be landed . but at length the capt. peremptorily demanding the said money of the commissary at callais , according to the cartel ; the commissary told him to this effect , that he own'd the authority of the cartel , but had never paid any money on that account since the war ; and that he could not do it without orders from paris : for that (b) monsieur joseph dulivier , was the man concerned in that affair , and had a part in all the exchange vessels ; after which the said capt. going to france , did write to paris to joseph dulivier , demanding by what power he received , or stopt his money , contrary to the general cartel ; in answer to which the said joseph dulivier , and (a) peter dulivier , his cousin , wrote the said capt. several letters . but soon after this the capt. was turned out , for a pretended crime ; and afterwards the ship was also shuffled out of the service . but the capt. giving me these letters he received from mr. dalivier , and after i had got those translated that were written in french ; and seeing they contain'd matters of dangerous consequence , to my great surprize , i forthwith acquainted the commissioners therewith ; and on the th of october , . i laid all the said dulivier's letters before them , at a full board ; as also a paper of queries relating to the miscarriages of the transport ships , which i recommended to them to enquire into ; upon reading of which , together with the french letters , some of them ( especially mr. addison ) * commended my care and zeal for the publick good , giving it their opinion , that there was an unlawful correspondence held with the french ; otherwise , dr. welwood said , dulivier must be lunatick when he writ them letters ; and mr. kirkby said , that if dulivier had a part in the transport ships , mr. churchil , whom they had intrusted in that affair , was a great villain ; whereupon the commissioners did send for mr. churchil , and one mr. masters , whom dulivier had said in one of his letters , was partner with him ; which said masters had been turn'd out by the queens order , signified to the commissioners by the secretary of state , for actions against the government , and had afterwards gone several voyages to france , incognito , in contempt of her majesties order ; and when mr. churchil and mr. masters attended the board , and had been in with the commissioners a little time , i was also called in ; and dr. wellwood taking up the queries which related to mr. churchil , ask'd him to this effect , whether he was the (a) true owner of the ships he solicited for , or whether he solicited for a gratuity ? to which mr. churchil answered , he had as good ask him , whether he had lain with another man's wife ? upon which mr. addison took the queries out of the doctor 's hand , and said , they were not fair questions . and mr. kirkby said , 't was no matter who were owners , so the king's business was done ; bidding me keep a copy of what i had laid before them , hinting , that i might be fued at law for scandal . some of the commissioners also mov'd , that i might leave my french letters in the custody of * mr. garrard , their secretary ; which i refus'd to do ; answering , that if they trusted me to keep the king's papers , i thought they might easily trust me to keep my own . then they proceeded to examine mr. masters , ( who was present asking him , how he durst go privately several voyages to france , after he had been turned out by the queens order , for actions against the government ? who did not only own the fact , but very confidently answered , that he did the nation no wrong , but good service by it : and mr. churchill ( who was seated at the board with the commissioners ) looking over the back of his chair , told mr. masters , thar he went to france (a) without his knowledge , and that if he was punish'd for it , he could not help it ; and the commissioners said , they would lay his crime before the council ( though i believe 't was the least of their thoughts : ) and mr. addison turning about , as if he was angry , and asking mr. garrard , their present secretary , how these matters came to pass ; mr. garrard answer'd in a passion , that they must not lay the fault upon him , for some of them knew of masters's going as well as he : this unexpected answer drove the commissioners to a full point , for they look'd one upon another , and made no reply . but now the tables are turn'd upon me , and i ( it seems ) am the chief offender ; for mr. masters takes up the diseourse , and tells the commissioners , that the cause of his being turn'd out was by a malicious information , that i had carry'd to my lord nottingham's office ; and mr. churchill back'd him , and said , he had witness that wou'd swear it , and mention'd one mr. armstrong in my lord nottingham's office ( a gentleman that i know not ) upon which , some of the commissioners were angry , and mr. addison said , they would keep no clerks that were informers ; i confess i was surpris'd at this shamming accusation , and offer'd the commissioners to make oath , that neither directly , or indirectly , i never carry'd any such information , or knew any thing of the doing thereof , challenging mr. churchill to prove it , if he was able ; but this silenc'd all the other matters concerning the correspondence with mr. dulivier ; for most of the commissioners rose from the board in a great passion ; and mr. churchill being come out of the office , into scotland-yard , threatned me , that if i would not desist , he would make me run my country ; and mr. masters thought fit to challenge me to meet him out of the verge of the court , and the secretary mr. garrard bid me have a care what i did , for mr. churchill was a man of great interest at court : and i happening , upon this , to meet mr. addison coming down stairs from the office ; i acquainted him of the ill treatment i had had from mr. churchill and masters , who , walking away in hast , very scornfully answer'd , that he could not help me , if i would not rule my tongue ; so i finding much discouragement , and seeing the said miscarriages , and those that acted in them , incourag'd by the commissioners , i resolv'd to lay down my employment , and make a discovery thereof ; and accordingly , about the beginning of feb. / , i acquainted the commissioners , at a full board , that i designed to leave my employment , and desir'd their discharge , at which they seem'd extreamly startled , and contrary to their former method of threats , fell now to good words , useing all manner of perswasions and arguments with me to stay , telling me , i was only in a passion , and desired me to consider of it till the next morning , when i would be in a better humour , which was all the answer i could then get of them . but coming again the next day to the boatd , and persisting in my resolution to leave their office , they all fell to make declarations each man for himself , that he had not cheated the king , and ask'd me , if i believed e'er a man at that board had cheated the king ? i told them it was an insnaring question for me to answer while i was their clerk ; but if they would give me my discharge , i would answer that , or any other question they should ask me ; at which mr. elder , one of the commissioners , lifted up his hands , as it were , in a frighted posture , and said , o , gentlemen , i was ever against that (a) masters's going ▪ to which words none of the commissioners made any answer . but i still press'd for my discharge , and the commissioners continued to offer more arguments for me to stay ; one of them declaring he would go an hundred miles to serve me , saying , that if i would stay till my father in law came to town , they would prevail with him to lay out a considerable sum of mony , and purchase me a place , which i might hold by a deputy , and yet continue in their office . mr. addison also said , mr. baston , suppose we comply with all your demands , what then ? to which i answer'd , that i could not continue in their office ; the commissioners also ask'd me how i design'd to dispose of my self ? and that if i would seek any employment , and let them know what it was , they would go in a body and recommend me ; telling me also , that they would never consent to my leaving the office , without the approbation of my father in law , because if it should prove my ruin , they believ'd my father would blame them as accessory to it : but perceiving they would not give me my discharge , i acquainted them from that day forward , i was no more their clerk ; to which they answer'd , that since no perswasions would preval with me to stay , they could not help it ; and that thay hop'd i was not going to bring any complaint against them , as mr. gibson had formerly done : these and several other arguments of like nature the commissioners for sick and wounded did make use of publickly at their board to prevail with me to stay in their office ; and i have been a little more large in reciting these discourses , because these gentlemen were so shameless as to insert in their answer to my complaint , which they gave in writing under four of their hands , to the council-board , that they turn'd me out of their office for misdemeanour , hoping by the help of that monstrous untruth to have blacken'd my reputation , and extenuated their own miscarriages . but to proceed , finding they would not give me my discharge , i left their office in feb. / , with a considerable sum of mony due to me , for travelling charges and sallary , which i am not paid to this day ; and about the beginning of march following , did lay the miscarriages of these commissioners in writing before the secretary of state , which met with suddain dispatch , being within three days after sent to the lords of the admiralty with the king's order thereupon , to examin into it , and make their report to his majesty ; whereupon their lordships forthwith summon'd the commissioners for sick and wounded , with my self , and several others concern'd , to attend their honourable board ; and after the examination was perfected , their lordships made a report to his majesty , a copy of which i obtain'd about april , . by an order of their lordships , ( the better to enable me to prove the complaint a second time before the council ) which copy i have inserted as followeth . by the commissioners for executing the office of lord high admiral of england and ireland , &c. admiralty office th . april , . in obedience to your majesties pleasure , signified to this board by letter from my lord shrewsbury , of the th of march last , for our examining into a complaint made against the commissioners for sick and wounded seamen , and exchange of prisoners at war ; of the mismanagement of the business under their care : we having examin'd into it , do humbly make the following report . the first article charges the commissioners , that they were informed , that monsieur peter and jos . dulivier , in france , were concern●d in the transport ships employed in the exchanging prisoners between england and france , and that instead of their taking any care to redress it , they discouraged those that gave them the information . upon the first article . it appeared to this board , that dr. welwood , one of the commissioners for sick and wounded seamen and exchange of prisoners , inform'd the rest of the board , that mr. baston told him that he could make it appear , that the duliviers were concern'd in the transport-ships , employed in exchange of prisoners of war , and the grounds of the suspitions were from a letter from joseph dulivier , to capt. bayley , one of the masters of the vessels , dated at paris the th of february , , wherein dulivier says , he has received his letter from bulloign , adviseing of his coming there with prisoners , and desires to know who employed him ; for that he expects to be half concern'd in the passage of prisoners brought by him , as he is with masters and others . and peter dulivier , by his letter from paris the th july , . to the said capt. bayley , tells him , that he and his cousin jos . dulivier , have been at great charges in setling the (a) manner of exchanging of prisoners , and expects to have the advantage he has already demanded , or to be at half of the charges , and half of the profit or loss of the said passages : and by another letter from jos . dulivier to mr. majet and exquemelin , dated at paris the th september , . he tells them , that he has made the agreement about the exchange of prisoners on both sides , with monsieur delagnii , by the order of the commissioners of england ; and from the beginning of this war has received the payment of all them that are returned ; and informs them , that till this time he has a share in the transport vessels , which was given him by the undertakers of the trades , in consideration of his pains in setling that affair ; and that he was allowed by them about sous for each prisoner brought into france . and by jos . dulivier's letter of the th septemb. . from paris to capt. bayley , ( all which letters were laid before the commissioners by mr. baston ) he seems to be surpriz'd that he and his owners should deny him his small profit , and expects that they should allow him * sous for every prisoners both french and english that they transport ; and says , he has been paid for all their passages ( except the last put on shoar at bulloign ) : and that if they don't think fit to comply with his propositions , they may complain to the commissioners . and by a letter from mr. churchil ( which was produc'd at this board by dr. welwood ) and mr. alston to capt. rutter , master of the ann pink , an exchange vessel , dated at london th feb. / . they desire , and order him to follow the orders of their worthy friend mr. jos . dulivier , in which he will well satisfie them . and joseph dulivier , in his letter from paris of the st march . to rutter , desires him according to the order of mr. churchill and alston , to go to nantz , and there follow the orders of monsieur drake : but , says , he must not load any goods but currans , which port was not in the cartell , nor were the currans ( for which leave was given by an order of council ) to be brought from any place , but st. malo's . mr. kirkby , one of the commissioners , did own to this board , that upon baston's producing dulivier's letters , he did reprimand him , but said , it was for not producing them sooner , which baston said , he could not , because he had them not before . baston said , that at the second time the query's which he laid before the commissioners about mr. churchill , duliviers and masters , were heard , and churchill and masters present . dr. welwood took up the queries , and ask'd churchill whether he was concern'd in any of the ships he solicited for , or sold his interest for a gratuity , which churchil refus'd to answer ; upon which mr. addison taking the queries out of the doctor 's hand , said they were not fair questions ; and mr. kirby said , 't was no matter who were owners , so the king's business was done ; that dr. welwood told mr. kirby , that 't was not fit baston should be discourag'd ; upon which the dr. says , he was ill treated by the board ; and upon the whole matter it appears , that upon what was laid before the commissioners , there was reason to dismiss these ships , where there were such grounds to believe the duliviers were concern'd , giving this board no other reason , than that they had a good opinion of mr. churchil ; and it likewise appear'd that they discourag'd those that gave them the information . the second article complains , that robert masters , commander of one of the transport vessels , went every voyage to france in her , after he had been turn'd out by order of her majesty , for actions against the government , whereby there was opportunity of giving intelligence to the enemy . to which article we refer to our report therein , dated the th of march last , which is as followeth , viz. my lord nottingham writes to the commissioners , the th of november , . that he was inform'd , that masters , the commander of one of the vessels employ'd by them in exchanging prisoners , had brought over a lady from france , without the king's pass , and directed them to enquire into the matter , and to remove him , unless he could give very good reasons for what he had done ; and the commissioners , after an examination taken , remov'd him from his command : sometime after dr. welwood acquainted the board , that mr. baston inform'd him , that masters had been two voyages to france in the ship , since he wat turn'd out , and the pretended master of that vessel was only his servant , upon which he was again discharg'd ; after this mr. churchill acquainting dr. wellwood , that he design'd to employ masters again , the dr. mov'd the board , that he might be no more employ'd , and after some debate 't was so resolv'd at a full board ; but the same afternoon three of the commissioners met , and sign'd an order for bringing over currans , which was left blank for such master as mr. churchill should appoint , which said blank was fill'd up with masters's name , and a pass was likewise drawn to to be sent to the secretary of state , and masters's name inserted therein by one of their clerks , by the direction of mr. garrard secretary to the commissioners ; two or three days after dr. welwood acquainted the board , that masters was commander of the vessel bound for france in their service ; but the board did not revoke their order , and he went commander that voyage . it further appear'd , that when dr. welwood complain'd to the board , that masters had been two voyages in the ship to france , notwithstanding he was discharg'd by their order , and ask'd the secretary , mr. garrard , how it came to pass . garrard answer'd in a passion , that some of the commissioners knew of it as well as he . as to this last point dr. welwood and mr. baston affirm it , but the rest of the commissioners , and the secretary say , that they do not remember it . and since this , dr. welwood has acquainted this board by letter , that mr. masters was examin'd by him , in presence of the rest of the commissioners , and voluntarily confess'd , that about october . he came up the river of thames , near the bridg , with a lading of wine in a transport ship , having landed his prisoners at dover by the way , that the said ship and lading was seiz'd upon by the custom-house officers ; and as he was told afterwards , were both made prizes , or the wine stav'd : that immediately after the seizing the ship , masters was sent master of another transport ship to france , in which he has hitherto continued : and because there was not a new pass in the office , the old pass for the former ship was made use of , by changing the name of the last ship into that of the first : that dulivier , before he went away , carry'd him to mr. churchill , and after they had been together a while alone , he was call'd in and employed by churchil ever afterwards . the third article complains , that several prisoners have made their escape from plymouth , by bribing * nicholas sharrack and wannel the goaler : aad that mr. dickinson , agent to the commissioners , abused the prisoners , and cheated them of their allowance of victuals . upon the third article , it does appear to this board , that several irish prisoners did make their escape from plymouth , and particularly (a) fitz geraldine , an irish captain of a privateer , under the late king's commission : and that the french prisoners were ill used by wannel and sharrack , servants to mr. dickinson ; and wannel was turn'd out by mr. dickinson , wichout any order for it ; but sharrack is still continu'd ; and that when dr. welwood was at plymouth , and weighed the provisions appointed for the prisoners , instead of l. weight , which was allow'd them , there was not full half that weight . the commissioners did write to mr. greenhil , commissioner of the navy at plymouth , to examine the masters that came from france , touching their information of the prisoners being ill us'd in france , who gave them an account , that having examin'd several of the masters , they confirm'd the truth of their (b) information with their oaths : but nothing was done in it by the commissioners , and dickinson was continu'd in his employment . the fourth article complains , that the commissioners stifled the complaints against mr. dickinson for abusing the men in their provisions ; and that they pass'd his accounts without being sworn to . upon the fourth article , it appears , that when dr. welwood and mr. elder , came into the commission , they found many complaints against dickinson ; vpon which mr. elder was sent to plymouth to examin into it : and that when he returned from thence , and made his report , dr. welwood mov'd the board , that dickinson might be turn'd out . but the commissioners refus'd to do it , alledging , that they could find no body else to serve in his room ; and after that , dr. welwood being at plymouth , enquired into several complaints against dickinson ; and finding that he had taken money of a prisoner , who was half an englishman , to give him leave to go into the countrey : and that he had given the prisoners short weight of provisions , he proposed to the board , upon his return to london , that dickinson might be turn'd out : but they refus'd it . it likewise appear'd , that the said dickinson's accounts stand open , and that none of them have been sworn to , as is the constant custom in other ports , where the agent , physician and surgeon , swear to the accounts , to the best of their knowledge , before they receive their money : as also that the commissioners make dickinson debtor for the money they pay him , and creditor on his accounts which he does not swear to , and are not duly examin'd : and that upon baston's finding fault with his accounts , they were taken out of his hands to be inspected by others ; tho he says 't was his business to examine all accounts in that office. and mr. richard gibson certifies , by a writing under his hand to this board , that during the time he served as clerk to the commissioners for sick and wounded , there were instructions sent to their agents at the several ports , sign'd by the commissioners , at least by three of them , and seal'd with the seal of their office ; in which , to the best of his remembrance and belief , they were to (a) swear to the truth of their respective accounts . the fifth article complains , that they keep their accounts in a clandestine manner , and thereby give themselves opportunity to cheat their majesties . which article the complainants (b) could not make out , unless it were in the l. bill to their secretary , which is mentioned in the th article . the sixth article complains , that they give additional allowances to their secretary and their cashier : and that their secretary had not accompted for any of the money imprested to him . upon the sixth article . it appears that they do allow an addition of salary to their cashier for a clerk and office , which the commissioners say they think he deserves ; and it likewise appears that their secretary has not regularly accounted for any mony imprested to him , but passes his own accounts without any other check . the seventh article complains , that when they went down to pay the quarters at plymouth , they deducted d. per pound out of the allowance for advance-mony , and that they took away the power of the disposal of their tallies from their cashier , and gave it to their secretary . upon the seventh article , it appears , the commissioners in . acquainted the treasury , that the tallies could not be dispos'd of , without allowing d. in the pound advance ; that 't was true the commissioners did deduct more than was abated for the selling the first tallies ; but by selling other tallies , they were out of pocket ; so that when they had any tallies to dispose of , they order'd their cashier to beat down the price , without giving him a power to agree ; so that they are generally dispos'd of by their secretary , who had l. in one bill allowed him for brokage , for procuring money upon the talleys ; which their cashier says , they deny'd to him : and that he knew nothing of it : for 't was mention'd in ihe bill to him for advance . that when their cashier dispos'd of l. talleys , without loss , mr. johnson , one of the commissioners clerks told him , he lost l. by it : and the commissioners threatned to complain of their cashier to the treasury , for disposing of them . in addition to the second article of the complainers , 't is set forth , that the commissioners refus'd vvhite's proposals , tho he offer'd to transport the prisoners cheaper than others . that the commission is in effect managed by mr. addison , mr. kirkby and their secretary , who oftentimes sign for the commissioners . that they put the king to too much charge for the sick men near london , by not sending them to the london hospitals . that after the last battle they carry'd down more chyrurgeons to portsmouth , to look after the sick and wounded men than was necessary , thereby putting their majesties to an extravagant charge . it did appear that they refus'd vvhite's proposals , and told him , he went to take the bread from others . that they sent him to dulivier , who acquainted him , he could have had s. per head , but for him . that they made a bargain for s. per head , tho vvhite made a proposal in writing , to do it for s. that there was a certificate laid before us , sign'd by three of the commissioners , which did not appear to be their hands , tho they said , they believed they were : but garrard says , he thinks that he sign'd for mr. kirkby : and johnson , one of the clerks , for mr. addison : collins , another of the clerks , says , that he oft times set the commissioners hands to papers , by mr. garrard's order : and johnson says , he put mr. kirkby's hand to a ticket , by order of mr. addison and mr. shephard , which mr. kirkby afterwards approv'd . dr. vvelwood being ask'd , whether he knew if this was a practice amongst them ? said , he had been told it , but did not believe it : but that looking over the copy-book , he found his letters to several papers , which he don't remember to have sign'd . he further says , that mr. kirkby propos'd to sign for mr. addison , and took the pen in his hand to do it : upon which the dr. went from the board . this was own'd by mr. kirkby . and mr. addison being ask'd the same question , said , he had oftentimes seen the commissioners hands set to tickets , in matters of seamens cloaths : mr. shephard says , he believes it has been done : mr. kirkby says , he believes it has been done for about these two years past ; and mr. elder believes it has been done once or twice . it appear'd , that by the method for taking care of sick men near london , it was in the power of mr. case , the surgeon , to send them to the hospital the next day after he had receiv'd them ; by which he was intitled to s . d . for their cure (a) . that there was a great number of surgeons sent down after the battle , which the commissioners say was for the better taking care of the men . all which is humbly submitted to your majesty . f. j. l. h. p. r. r. the aforesaid report being thus made and sign'd by four of the lords of the admiralty , was carried by their lordships , on a sunday night to kensington , to be read before the king in the cabinet-council ; but according to what the commissioners before threatned , that if they were cast before the admiralty , they could stop any report from coming to the king , by removing the matter to the * council . so indeed it prov'd ; for that night four of the commissioners for sick and wounded , had lodg'd a petition to the king , in the nature of an appeal from the justice of the admiralty : praying to be heard before his majesty in council , touching the crimes whereof they were accus'd : and his majesty was graciously pleased to order , that the matter should be examin'd by a committee of the council on the wednesday following : so that the admiralty's report ( as i was inform'd ) was not read to the king. then were the commissioners and my self , with others concern'd , soon after summon'd before the council : but at the first and second attending , nothing material was done , and so continued till the king was gone for flanders ; and then , after several days examination before the council , their lordships made a report to her late majesty of blessed memory ; a copy of which i have seen : and in the said report , among other things , is contain'd , that the commissioners are guilty of partiality , great mismanagement , and breach of trust . but after this report was made , i found that the sick and wounded office still stood as firm as ever : for i perceiv'd , tho judgment was pass'd against them , that they had obtain'd a celsit executio , for an unlimited time ; by reason of which , execution soon went out against me : for the commissioners , and their emissaries employ'd for that purpose , proclaim'd in all publick places , that they were acquitted like worthy honest gentlemen ; and that i appear'd to be a false accuser ; adding the opprobious names of villain , informer , &c. this soon oblig'd me to look to my self : and in order to put a stop to this horrible scandal , i resolv'd to get a copy of the council's report , and accordingly i petition'd the queen and council for the same , in the words following : to the queen' 's most excellent majesty , in council . the humble petition of samuel baston . sheweth , that your petitioner having been formerly a clerk to the commissioners for sick and wounded seamen , &c. and seeing divers miscarriages in their office , which your petitioner believed to be very prejudicial to your majesty , did advertise the said commissioners thereof ; but finding no redress , your petitioner did , out of pure zeal to your majesty's service , lay down his said employment ; and soon after , viz , about the beginning of march last , did lay the said miscarriages , in writing , before his grace the duke of shrewsbury ; which said miscarriages were , by his majesty's command , examined , first before the lords of the admiralty , and after , before the lords of your majesty's most honourable privy council ; at both which places , your petitioner humbly conceives , he charg'd the said commissioners with nothing but what he made appear . yet , notwithstanding , the said commissioners give out , that what they were accus'd of , has prov'd to be malicious and false , and accordingly they are acquitted thereof ; by which report your petitioner is rendred as one of the worst of men. those who are rightly affected to your majesty , not knowing the true matter of fact , believe your petitioner to be a malicious and ill principled man ; and those disaffected to your majesty , do look upon this as a victory they have obtain'd , and do eagerly lay hold on all opportunities to defame and ruin your petitioner , that all men by his example may be discourag'd from serving your majesty in this kind for the future : so that your petitioner has not only the misfortune to lose all he had to depend upon in the world for a maintenance , but is like to be ruin'd in his reputation also , which is more dear to him than life . for preventing of which , your petitioner does most humbly and earnestly pray your sacred majesty graciously to order him a copy of the report that the lords of the council made to your majesty about the commissioners for sick and wounded , &c. that thereby your petitioner may be enabled to take off the scandal that has and will be cast upon him by the said commissioners , or any disaffected persons : also to enable your petitioner to defend himself against any vexatious suit of law , which the said commissioners may bring against your petitioner for scandal , and which they have not scrupled to threaten : by this means your petitioner will he able to support his reputation with all good men ; otherwise ( without your majesty's gracious protection ) his ruin will soon be accomplished for being so ready and zealous to serve your majesty : and your petitioner shall ever pray , &c. and waiting on the clerk of the council to know the answer to my petition , he told me it was read , and then laid down , and nothing ordered upon it , whether it was granted or rejected ; so that i could never get a copy of the council's report , to justifie my self in the discharge of my duty . this put me much out of heart , being a confirmation of all the scandals cast upon me ; and thus was i left to god and the wide world , being afraid to walk the streets for a considerable time , lest i should be baited to death by the disaffected party , &c. but now i shall relate the examination these miscarriages met with before the commissioners for stating the publick accounts . when i first exhibited this complaint to the secretary of state in the beginning of march . i then also presented a copy thereof to the commissioners of accounts , where it slept quietly about five months sworn to , till the lords of the admiralty and council had gone through with it , as is before related ; and there being one mr. (a) john leckie , who had signed the complaint , being the principal evidence concerning the miscarriages of mr. dickinson at plymouth , in barbarously using the french prisoners and seamen in the hospital , by cheating them of the king's allowance , with many other miscarriages supported by the commissioners , the said mr. leckie having been before the admiralty and council , and having stayed in london a considerable time after all was over , he and i did despair of ever being call'd by the commissioners of accounts . and mr. leckie meeting with an opportunity , went on board the mocho frigat to the east-indies , on his own affairs , about the beginning of july , . not long after , viz. the first of august following , i received an order from the commissioners of accounts , requiring my attendance on them the third instant , and i was also order'd to acquaint mr. leckie that he shou'd likewise attend at the same time . according to this order i did attend the commissioners of accounts at their office in york-buildings , where , after i had acquainted them that mr. leckie was gone to sea , they told me the board had come to a resolution to examine my complaint , and that if i was willing to justifie it , they would appoint a day for the commissioners for sick and wounded , and i to attend : they also told me , that the complaint consisting of seven articles , the first three articles , which chiefly related to a correspondence with the french , did not properly lie before them ; so that they resolved to begin at the fourth article : to which i answer'd , that the fourth article consisted chiefly of the miscarriages of plymouth : to the truth of which mr. leckie had made oath before them when the complaint was first exhibited , and that his name was written in the margin , as the principle witness thereto ; and that i could say little to it , having never been at plymouth in my life . and i further acquainted them , that the correspondence with the french was the chief reason i laid down my employment in order to detect it , which i lookt upon as my duty to do ; and that i conceiv'd , as their honours were members of parliament , it might not be improper for their cognizance to lay before the house of commons at their next meeting ; a correspondence with the enemy being a matter that so much concern'd the safety of their country : i also acquainted them that the fourth article had been twice sufficiently prov'd already by mr. leckie , before the admiralty and council , as would appear by each of their reports , which i thought their honours might receive as evidence of the truth thereof , and that seeing they thought fit to reject the most material part of the complaint , and the principal evidence to the rest being absent ; i prayed to be excus'd any further attendance in regard there could be no full hearing , and that i had been much fatigued already , and pray'd now to have a little rest , designing to lay all these matters before the king , at his majesty's arrival from flanders . but notwithstanding this , and what else i urged ( being twice before them ) the commissioners rejected the first three articles of my complaint that i was a witness to , which related to a correspondence with france , and barbarously using the french prisoners , &c. and on the contrary , would oblige me to stand to that which mr. leckie , had sworn to about five months before , and accordingly they issued their precept for me to attend them at their board , and being come , i found the commissioners for sick and wounded had brought one (a) mr. sharrack to be a witness for them , and his master dickinson ; and when the commissioners of accounts had sent for us up , the fourth article of the complaint was read , which related to mr. dickinson , which mr. sharrack redicul'd , saying , not one word of it was true ; and then one of the commissioners of accounts , who was chairman , in the name of the board , told me , that the commissioners for sick and wounded had brought mr. sharrack to be an evidence in the behalf of mr. dickinson , and that the board was resolv'd to hear what he could say to that matter ; at which being surprized , i answer'd , that i thought he was not a proper evidence , and laid down several reasons for it , to the effect following , first , that mr. sharrack himself stands accused as a criminal in discharge of his duty , while he was mr. dickinson's clerk , and his name is mention'd as such in the third article of this complaint ; and it appears he is a criminal , and has abused the french prisoners by the third article of the lords of the admiraltie's * report ; therefore to admit him a witness upon oath , against that complaint in which he not only stands charged as a criminal , but has been proved so , is to swear him in his own behalf , which i told their honours i thought was contrary to law. secondly , that if their honours shou'd believe what mr. sharrack was about to swear , they must of consequence make mr. leckie perjured , which i thought wou'd appear to be very hard dealings with a man that is absent at sea , who staid so long in london waiting their honours commands , and who so fairly proved these very matters twice before at the admiralty and council , where this mr. saarrack durst not appear to confront him . thirdly , that mr. dickinson being accused ( i conceiv'd ) ought to come up and answer for himself ; for seeing i was forc'd against my will by their honours precept , to attend a matter i knew little of , i thought it was too much favour for mr. dickinson , who had been before proved a criminal , to spare him the trouble , and suffer him thus to answer by proxy to matters of such moment . to which the chairman made answer to this effect , that all these matters in the end should be duly considered by the board . but because mr. sharrack had taken so long a journey on purpose , they were (a) resolved to hear what he could say . to which i replied , that i protested against their proceedings , believing it illegal , and that , if they thought fit , i would submit my self therein to the opinion of the attorney general . at which they were angry , saying , i arraigned the justice of their boord , and stood in contempt of the authority of their board , &c. i answered , that their honours could not reasonably blame me , if they considered what i had gone through already , and how much my reputation lay at stake , for that the commissioners for sick and wounded , and i , could not be all in the right , but punishment must of necessity be due to one side or the other . but notwithstanding the commissioners of accounts would proceed to examine mr. sharrack ; and first he produc'd an affidavit , sworn by himself , which was read at the board , the purport of which was to testifie how long he had serv'd under mr. dickinson , and that he had manag'd all affairs for his master , both relating to the sick wounded seamen , and prisoners at war ; and that he believed nothing was acted by his master , but he was privy to it , &c. which affidavit i suppose was produced to make whatever he should swear , carry the greater face of truth , in reference to his knowledge of matters and things , and as a foundation whereon mr. sharrack was to build the following deposition , the sum and substance of which i shall relate as short as i can . the commissioners of accounts having given mr. sharrack his oath , they read the fourth article of the complaint ; the first particular of which contained these words , viz. that the commissioners * for their own private interest , connive at , and permit those employ'd under them to wrong their majesties , appears by their passing by and stifling all complaints made against mr. dickinson , their agent at plymouth ; all which have been laid before them several times : first , his hard usage to the french prisoners , in allowing them only two pence per diem a man , for the space of fourteen months , with a loaf of bread , which he gave them for a penny , and had himself sixteen of said penny loaves for a shilling ; and upon complaint made he afterwards allowed an half penny per day more : that he abated an half penny per diem from each prisoners allowance , under pretence of finding them water ; which they are supplied with gratis at all other ports ; neither did it cost him any thing here , he obliging one pike a victualler to supply them with water for the liberty of selling them ale. yet the poor men had not a pint of water a day per man ; and those that went not upon the water's first coming to the prison , had none at all , there being several prisoners who perish'd for want of water (a) . thus it appears mr. leckie swore there was about three farthings per diem deducted from the french prisoners , whose whole allowance was but four pence each man a day , except commission'd officers , whose number was very inconsiderable ; but where any such were taken ( that could not handsomly be suffered to run , or else exchang'd for common seamen ) they were not kept to this miserable pittance ; but on the contrary , permitted to ride up and down the countrey , under pretence of recovery of their health , &c. but now comes mr. sharrack to counter-swear what was before sworn by mr. leckie ; and in order thereunto positively depones to this effect , that he was the person that constantly paid the french prisoners their allowance , and that mr. dickinson never deducted above a farthing a day from the prisoners , which was for supplying them with water and straw . and the chairman demanding of me , what i had to object against mr. sharrack's oath , i answered , that tho i knew little of the affairs of plymouth , yet i was much surpriz'd at what he had sworn ; and therefore i pray'd their honours to send for the commissioners letter-book , wherein i would shew them the entry of a letter that the commissioners for sick and wounded writ to mr. dickinson concerning a complaint they received against him about abusing the french prisoners . and that the commissioners in that letter writ to mr. dickinson thus : we hear you deduct three farthings a day from the prisoners : pray let us know how it comes to be ¾ . we know you deducted ½ according to former direction . by which , and mr. dickinson's answer , i told their honours they would surely find that mr. sharrack had not sworn right . but the chairman said , 't would put them out of their method ; and that they would send for the book to morrow . i answered , that i conceiv'd it would not hurt their method , to detect a man in a false oath ; the end of all methods in these cases , being to find out the truth ; and therefore i insisted several times , and pray'd , that in justice to mr. leckie , who was absent , the book might be sent for , and produc'd while the commissioners for sick and wounded , and mr. sharrack , were present , to prevent all tricks in altering the book , &c. that otherwise might be done before the morrow : at which one of the commissioners of accounts was pleas'd to say , that if i insisted to have the book sent for , 't was his opinion they ought to do it ; notwithstanding which i could not (a) prevail . but before i proceed to the next part of mr. sharrack's deposition , i shall pass to the following day when the book was sent for , and so relate what became of this part of his oath . on the morrow the commissioners for sick and wounded , and my self , being again before the commissioners of accounts , according to order , they produc'd their letter-book ; ( but here 't is to be noted mr. sharrack was not present , being discharg'd any further attendance the night before ) and the letter that i mentioned being read , they found in it the words before-mentioned , viz. we hear you deduct ¾ a day from the prisoners : pray let us know how it comes to be ¾ ; we know you deducted ½ according to former direction . but mr. addison , one of the commissioners for sick and wounded , standing up , told the chairman , he was under a little mistake in reading that part of the letter : for them figures which he read for three farthings and an half penny , were not so , but three fourths of a farthing and half a farthing : at which it was demanded , how they made up their accounts with such odd money . very easily , may it please your honour , replied mr. addison . then to trace the matter further , i mov'd that mr. dickinson's original letter might be produc'd , which he writ in answer to the commissioner's letter , which being read , mr. dickinson said in it in his own defence , that he never deducted but a farthing a day from the prisoners , and desiring to see the letter , i found the word farthing was interlined , and the word under it blotted out ; and urging to the chairman that the letter had been altered ; he answered it could not be , seeing mr. dickinson , that wrote the letter , had not been in town for several months ; to which i replied , that mr. sharrack his clerk wrote the body of the letter , and was last night in town to alter it ; but that he was either infatuated , or in haste when he did it , for he had not done it right , so as to bear any coherence with the commissioner's letter : with that mr. addison alledg'd , that mr. dickinson's saying he deducted but a farthing a day from the prisoners was according to what mr. sharrack had sworn ; but one of the commissioners of accounts was pleas'd to speak to the commissioners for sick and wounded in this manner , gentlemen , here is no agreement between your letter and dickinson's answer ; for you write to mr. dickinson to know why he deducted three fourths of a farthing from the prisoners , and he writes you word in his answer , that he never deducted but a farthing , which is four fourths ; so that this won't hang together at all , to which mr. addison answer'd ; may it please your honour , we writ to mr. dickinson to know why he deducted three farthings a day from the prisoners , and he writes us word again in this letter , that he never deducted but a farthing , which is according to what mr. sharrack has sworn . the same gentlemen replied , but sir , you said just now it was three fourths of a farthing . may it please your honour , replied mr. addison , i could not say so , there 's no such money goes in england , i beg your honour not to mistake me , i 'm sure 't is all very right , god forbid we should do an ill thing , may it please your honour , &c. nay sir , says he , either you or i are in a false story , i 'll refer it to the whole board ; i 'll be judg'd by your own brethren if you did not say just now , it was three fourths of a farthing . yes , says mr. * shepherd , mr. addison , you did say 't was three fourths of a farthing , i would not contradict you though i did think you were mistaken . well , says the chairman , which is it three fourths of a farthing , or three farthings ? it is three farthings , may it please your honour , says mr. addison . why then , says the same gentleman again , if you take it that way , there 's still no agreement between your letter and dickinson's answer , for you write to mr. dickinson to know why he deducted three farthings a day from the prisoners , and further you say , you know he deducted a half-penny according to former direction ; and he writes you word in his answer , that he never deducted but a farthing . now no man in his wits can suppose that dickinson deducted less than you all allow'd him to deduct . may it please your honour , says mr. addison , we never allow'd him to deduct any thing ; nay , says he , your own letter-book is a witness to the contrary , wherein you do not only approve of his deducting a half-penny a day , but quote your former order for it , or else what do you mean by them words ; we know you deducted a half-penny a day , according to former direction ? at which mr. addison was quite gravell'd . and then i mov'd the board to give the commissioner's secretary his oath , to shew more plainly that the three fourths of a farthing was only a prevaricating evasion of mr. addison's to cover the crime ; but they were pleas'd to answer there was no need of it ; for the matter was plain enough , and they were very well satisfied how it stood . so they order'd their clerks to take a copy of the commissioner's , and dickinson's letter , and now i shall humbly submit it to better judgment , whether mr. dickinson's letter was not alter'd in reference to the words farthing , a day , and also how true mr. sharrack's oath has been in this part : but here follows more of the same stamp . and now i shall go back to the day before , and proceed upon mr. sharrack's deposition . the commissioners of accounts having refus'd to send for the letter-book , as is before-mention●d , they proceeded to read the next branch of the fourth article , in the complaint , which was in these words , viz. secondly . that mr. dickinson with-held the seamens allowance of meat from them , in the hospital at plymouth , for that in presence of one of the commissioners four mens allowance of meat weighed only one pound , six ounces , whereas it should have weighed four pounds . this mr. leckie had also sworn to . in opposition to to which , mr. sharrack , upon his oath , positively affirm'd to the effect following : (a) that he was the person that always took care of the provisions for the hospital , and that the men , such as could eat flesh , had always full weight of provisions , according to whole allowance , except what small matter might reasonably be supposed to waste in the boyling ; and to shew that there was often such complaints made upon no grounds he continues upon his oath to give the following instances . sir cloudsly shovell ( says he ) coming a shoar one morning , the seamen in the hospital made complaint to him , that they had not full allowance , and that their provisions was not good , upon which sir cloudsley came to the hospital , and order'd me to take some pieces of the beef out of the copper , which were found to be full weight ; with that sir cloudsley call'd for some bread , &c. saying he would taste this beef , of which there was such complaints , which he liked so well , that he eat the best part of two pieces , and blamed the men for complaining , telling them they were well used , and that the beef was as good as any he had at his own table . and mr. sharrack going to proceed , i interrupted , asking him , were they four pound pieces that you swear sir cloudsley shovell tasted of ? he answer'd , yes ; but the chair-man told me , i must not interrupt him and that he swore cautiously . yes gentlemen , replied i , he swears very cautiously , he swears sir cloudsley shovell eat above four pound of beef by way of a taste ; and after mr. sharrack had made several speeches , that perhaps he might be mistaken in the quantity of beef , and he was sure there was all imaginable care taken , and that 't was malice against his naster , &c. the chairman ask'd me , what had i to object ? i answer'd , that when this particular was examined before the admiralty , doctor welwood acknowledged that he was the commissioner that mr. leckie mentions in the complaint before whom the meat was weighed in plymouth hospital , that prov'd so much short of weight , and that seeing doctor welwood did not now attend with the rest of the commissioners , i prayed he might be sent for face to face , with mr. sharrack , to be asked some questions about this matter , the chairman answer'd , that he was order'd to attend with the rest of the commissioners , but that he pretended some earnest business , and prayed their excuse , so they would send for him to morrow . but i continued to pray their honours to send for him face to faee with mr. sharrack , because he was to be discharg'd any further attendance that night , otherwise their honours could not so easily discover the truth , but i could not prevail , for the chairman answer'd , that the next day would do as well , and that they would consider of all these matters in the end. so now i must pass to the next day ( when doctor vvelwood was present , and mr. sharrack gone ) and give an account what became of this part of mr. sharrack's deposition . the next day giving my attendance , and the dr. being ask●d several questions upon oath , did answer to this effect , that when he was at plymouth there was complaint made to him , that the seamen in the hospital had short weight of provisions ; upon which he said he went to the hospital , and causing several pieces of the meat to be taken out of the copper , that should have been four pound peices , he found upon weighing them , that none of them was (a) half that weight : upon which he said , he reprimanded mr. dickinson and sharrack ; and that he hoped it was afterwards mended . upon which i mov'd , that the doctor might be ask'd , upon his oath , who it was that took the beef out of the copper , and weighed it before him ? he answered , it was mr. sharrack , who managed the hospital under mr. dickinson : and then i referred it to their honours to consider what an oath mr. sharrack had yesterday made , who swore , that the men had always full weight of provisions in the hospital ; against whom there is first mr. leckies oath , who was surgeon upon the place , and an eye witness ; and now also dr. welwood swears , that sharrack himself weighed those very provisions that were short of weight , as aforesaid . but now i must be forc'd again to go back to the preceeding day , to proceed upon the last part of mr. sharrack's deposition : and i am oblig'd to take this broken method in relating it , because the examination was not so compact as it might have been , sharrack being suffer'd to swear behind mr. leckies back ; and the evidence against sharrack being sworn behind his back , when they might as well have all been face to face . and the commissioners of accounts , as i have before related , not thinking fit to send for dr. welwood , they proceeded upon the next particular of the fourth article in the complaint , which being read , contain'd these words , viz. thirdly , that mr. dickenson paid the people that quarter the seamen , at five shillings six pence per week , the king's allowance being seven shillings . to this also mr. leckie had sworn . in opposition to which , mr. sharrack positively swears , that he was the person that made up his master's accounts , gave out the tickets for the sick and wounded , and paid the money to the people that quarter'd them ; and that there was never deducted above six pence in the pound , which was for returns of money from london . and the chairman demanding of me what i had to object , i answer'd to this effect : when this article was examin'd before the admiralty , mr. dickenson was there to justifie himself , and (a) mr. sharrack was left at plymouth ; and one of the lords of the admiralty , in my hearing , did examine mr. dickenson , speaking to him in this manner . mr. dickenson , we will not examine you upon oath , because 't is against your self ; but declare upon your honour , as you are a gentleman , what was the most that ever you deducted from the people that quarter'd the seamen . to which mr. dickenson answer'd , i never deducted above twelve pence in the pound , which was for returns of money . upon which his honour turning to my lord faulkland ▪ ( who was chairman ) said , my lord , this matter looks with a very ill face ; for i remember some time ago , when one ben. berry , now surgeon at plymouth , brought a complaint against mr. dickenson , he also accus'd him of the same crime that mr. leckie now do's , of making unreasonable deductions from the people ; and then we would have had mr. dickenson come up to answer for himself ; but he pretending much of the king's business , we excus'd him , and he sent up his man , one nicholas sharrack , to justifie his proceedings : and i remember sharrack , in his master's justification , swore before us , that his master never deducted above eighteen pence in the pound ; and now mr. dickenson declares upon his honour , he never deducted but twelve pence . therefore ( added i ) i pray your honours to send to the admiralty for the minuits of mr. sharrack's deposition before their lordships ; for you will find that in mr. berry's complaint ( which was about february , / ) mr. sharrack then swore , that mr. dickenson never deducted above eighteen pence in the pound . and afterwards , before the admiralty , mr. dickenson himself , about april . says , he never deducted but twelve pence . and now mr. sharrack swears again positively , before your honours , he never deducted but six pence . to which the commissioners answer'd , that there must be perjury either on one side or the other ; and the chairman said , they would take care to send for the minuits of the admiralty that i had desir'd , and consider of all these matters in the end : and accordingly i lest in writing , how they should describe the said minuits in their letter or precept to the lords of the admiralty ; but whether they have got it , or not , i don't know . thus in the beginning of august , . in one day , mr. sharrack finished his deposition , which he came from plymouth to make , and was the same night discharg'd any further attendance , and hurry'd out of town again down to his post , as an honest man fit to serve the king. about this time i had notice that one capt. white was come for england , who is the person mention'd in the lords of the admiralty's report , that in the beginning of the war made a proposal in writing , to the commissioners for sick and wounded , to transport the prisoners at war , for ten shillings per head , and afterwards made a verbal proposal to do it for eight shillings a head ; but he being at sea when this complaint was examin'd before the admiralty , the verbal proposal of eight shillings a head could not be fully prov'd : but now , hearing he was come for england , i acquainted the commissioners of accounts , who at my instance were pleas'd to send for him : and the said capt. vvhite prov'd before their honours , that the commissioners for sick and wounded , refus'd to employ him for eight shillings a head , mr addison telling him at the board , he could not undertake it at so low a rate ; and that he did it to prejudice other men ; raising many other difficulties and objections , &c. and bid him go and talk with mr. peter dulivier , and mr. holder ; and that going to them , each of them told him the said capt. vvhite , he had (a) spoiled the market , and that they could have had twenty , if not thirty shillings for each english passenger , had it not been for him . and the commissioners having quite discourag'd captain white 's , proposal of eight shillings a head , they presented to the admiralty a representation , a copy whereof i shall insert , as followeth . to the right honourable the lords commissioners for executing the office of lord high admiral of england . the commissioners for exchanging prisoners at war , represent , that in pursuance of an order of his majesty in council , dated the st . of this instant november , a copy whereof is hereunto annexed , we have received proposals from several persons for a ship to carry french prisoners at vvar for france , and to bring back the english prisoners from thence , and find the proposals of richard holder * of london , merchant , to be the fairest , * which are , either to have twenty shillings a head for each english prisoner he shall bring from france , or if he may have liberty to carry to france such a quantity of english goods as are not contraband , bringing back only money for them , for which he will give such security as shall be required , that then he will bring all the english prisoners home for nothing . the ship is called the elizabeth of london , burthen eighty tuns , ten men , and six great guns , now lying in the river thames , and ready to launch . we pray your lordship 's speedy directions , which of these proposals we shall agree upon . tho. addison . antho. shepherd . th nov. . there are two commissioners more that signed this representation , whose names i shall omit because they are dead . and the commissioners giving this representation to the admiralty , their lordships refused to give them direction to agree for twenty shillings a head , accounting it an extravagant price , so the commissioners were forced to sink the price to fifteen shillings a head , and then they employed the same captain white , with the same ship , and covenanted for fifteen shillings a head , for the same service he had before offer'd for eight shillings , out of which captain vvhite allow'd gratuities to mr. holder , and dulivier , at the rate of half a crown a head for each prisoner , and at the making up of one account between him and mr. holder , there was about ninety odd pounds of such half-crowns deducted from the said vvhite , out of his freight , which was done by vertue of a collusive agreement , or charter-party made privately between him and the said mr. holder , which the said vvhite was oblig'd to enter into , before he could be admitted into the service . captain vvhite did also upon oath in my hearing relate some other things of moment before the commissioners of accounts . but at present i shall only mention one of them , the substance of which was , that mr. addison * told him not long after the beginning of the war , as a great secret , that he knew that monsieur dulivier paid all the french king's pensions to his spies here in england . this captain white has the reputation of a person of known integrity , and affection to the government , and performed his duty during the time he was employed in transporting the prisoners with great zeal , in reference to discovering the designs of the french ; but met with such unexpected disappointments and obstructions , that he was sometimes in danger of being murther'd by the french , who it seems had an account of his actions , instances of which he has given to the commissioners of accounts . but however in justice to the said captain white , who is now absent at sea , i shall here insert the copy of a memorial , presented by me in his behalf to the commissioners for accounts , in order to stop the mouths of the commissioners for sick and wounded , or any of their party , from blackening him in his reputation , as they have done by me and all others who have opposed their evil practices . to the honourable , the commissioners appointed to take , state , and examine the publick accounts , &c. the memorial of samuell baston , sheweth , that captain john white who was lately before your honours , has acquainted me , that whereas he is suddenly going a long voyage to sea , and not knowing if he shall ever return ; and forasmuch as what he has hitherto said and sworn at your honourable board against the commissioners for sick and wounded , and prisoners at war , has been when the said commissioners have not been present , and that nothing for the future may be alledged by the said commissioners against him the said captain white to prejudice his reputation , when he shall be absent at sea , and not present to justifie himself , he the said capt. white , has therefore desir'd me , in his behalf , to pray your honours precept for him to appear face to face , with the commissioners for sick and wounded , before your honourable board , as soon as your honours think fit , not only to justifie and confirm what he has already said and sworn , but to hear and answer all objections , that the said commissioners can bring against him , and also , to declare some other matters of consequence to the king's service , which as yet he has not discovered . thus far relating to capt. white . london , . nov. . sign'd , samuel baston . according to the request in this memorial , the commissioners for sick and wounded , with capt. white , and my self , were sent for by the commissioners of accounts , and being all present , the memorial was read , and one of the commissioners of accounts , who was chairman , told the commissioners for sick and wounded to this effect , that this was the business they had sent for them upon , and that the request was so reasonable , they could not deny it ; and therefore desired them , if they had any thing to object against capt. vvhite , either to what he had said against them , or to his reputation in general , that they would now declare it . to which mr. addison answer'd , we did not come to accuse capt. vvhite , but thought he had come to accuse us . but the chairman reply'd , that is not the matter , gentlemen , you have heard the memorial read , capt. white is going to sea , and desires that you would now speak what you have to object against him , before he goes , and he is here ready to make answer to it , to prevent all scandals that may be cast upon him in his absence . to which mr. addison answer'd to this effect ; we have nothing to say against capt. white ; we always believed him to be an honest man ; and if he has been hardly us'd , we could not help it ; for what we did in turning him out , was by order . then the chairman was pleas'd to say , captain , you hear that the commissioners have nothing to say against you ; and as for us , i do assure you , there is not the least imputation upon you at this board , but we believe you to be a very honest man , and that you have been greatly abus'd . now this business being ended before the commissioners of accounts , it slept all the time of the parliament , in the year . till the beginning of march , / . the parliament being then sitting , one mr. crosfield came to me , and told me , he design'd to bring a petition into the house of peers , against several corruptions in the government , and among the rest , he design'd to insert the business of the commissioners for sick and wounded ; asking me , if i was willing to appear before the parliament . i told him i was very willing : and thereupon i drew up a short account of the matter , and he plac'd it the first article in his petition , which was presented to the house of peers , the ninth of march , / . and being called in before the house , among other things , i pray'd , that the proceedings before the commissioners of accounts , might be laid before the house ; which their lordships were pleas'd to order accordingly . then was i in great expectation to end this troublesome business , that had lain so long and so heavy upon my shoulders , while the commissioners were supported . for i , and several others , fully concluded , that the afore-mentioned depositions of mr. sharrack , and many other miscarriages of forgery , &c. with all capt. white 's depositions , would have come open and bare-fac'd before the house : but we were all mistaken . for about eleven days after the order , viz. the th . of march , the commissioners of accounts had gotten the examination referred to them , alleadging to the house ( as i was inform'd ) that it was still depending before them and not finish'd ; and produc'd a great bundle of papers , saying , that was not half the examination , &c. and accordingly it was re-committed to them by an order of the house ; and for the better discerning how their lordships order was observ'd , i shall insert it , as followeth , die mercurii . martii . it is order'd by the lords spiritual and temporal , in parliament assembled , that the papers this day deliver'd in , from the commissioners appointed to examine , take , and state the publick accounts of this kingdom , in pursuance of an order of the th . instant ; as also all other papers and informations now before this house , relating to mr. crosfield's complaint , mention'd in , or annex'd to his petition ; and which concern the commissioners for the sick and wounded ; be sent to the said commissioners of accounts , in order to their proceeding in the further examination of that matter now before them : and after such examination perfected , they transmit the informations , and report their observations thereupon , to this house . math. johnson , cler. parliamentor . 't was surprizing to me when i heard the commissioners of accounts had represented , that the complaint was still depending before them , and not perfected : when ( as i have before related ) it had from time to time lain so long dormant in their office , both before and after examination ; which was all gone through long before in the manner aforementioned , except the first three articles , which their honours totally rejected ; saying , them articles did not lie before their board , they being only concern'd for the king's revenue . the getting it thus recommitted towards the end of a session of parliament , procur'd about eight months further delay , to the great encouragement of those accus'd , who well know that old crimes are seldom punish'd . however ; i hop'd for the best ; and mr. crosfield and i , soon after this order , waited upon one of the commissioners of accounts , at his house , praying him to speed the examination , that a report might be made to the house of peers before the breaking up of the parliament ; desiring him also to think of mr. sharrack's deposition , &c. that was past . to which he answered , ( speaking to me ) say you nothing , but keep your tongue within your teeth ; there 's a great difference now ; we have an order of the house of lords ; we know where the shooe pinches better than you ; don't trouble your self ; for we 'll lay our fingers upon the right place , &c. thus i went away with great satisfaction , thinking all things went well ; and having on the d of march waited on the commissioners of accounts , we received their order to atend them the th following , with the commissioners for sick and wounded ; but nothing material was done that day , or the th , till the d of april . april d had another hearing , when the commissioners for sick and wounded had brought their answer in writing to the first article , about the correspondence ; which i pray'd to hear read ; but the commissioners of accounts would not grant it . i also pray'd to have the letter of mr. william churchil and mr. samuel alston , produc'd and read , which is mention'd in the first article of the admiralty's report ; and which i offer'd , as an evidence of the correspondence ; but i receiv'd answer , that it could not be found . then the commissioners of accounts receiv'd an accusation against me from mr. william churchil , who affirm'd , that i had carried an (a) information to my lord nottingham's office , by which robert masters ( mentioned in the d article of the admiralty's report ) was turn'd out ; and produc'd a letter under my hand , as a testimony thereof ; which being read , the commissioners of accounts examin'd me upon it . i answered . that the crime was not great , if true : but if their honours would receive accusations against me that was forreign to the matter before them , i pray'd that mr. churchil might make oath to the truth of his accusation ( it being the custom of their board to receive nothing but upon oath ) , but it was not granted me : yet the next day a discourse of this matter arising , the commissioners administred an oath to me to swear a negative , wherein the affirmative was not sworn , and all about a matter that whoever did it , ought certainly to be commended , and not condemned . but now they came closer upon me , for they made an offer at my life by an accusation , wherein mr. addison pretended to make out , that i was the criminal , and had held the criminal correspondence with dulivier , and produced a paper , which the commissioners of accounts took and read , obliging me to answer for my self . i told their honours , i conceiv'd it was not legal to suffer the commissioners for sick and wounded , to interfere with such pretended accusations against me , before they had answer'd to what was exhibited against them , and when they had done that , then i would answer to any thing they had to alleadge against me ; for that proceeding in this method , tended only to stifle the truth , and discourage all such as appear'd for the same . but all i could say , avail'd nothing , though one of the commissioners of accounts said , they ought to receive no such accusations . but another was of a contrary mind , saying , 't was a criminal correspondence , and that they ought to take notice of it . so then the tables were turn'd upon me , and i was oblig'd to clear my self , lest they should minuit against me pro confesso . april . had another hearing , when robert masters charg'd as a criminal in the complaint , and adjudg'd so by the admiralty , as per second article of their lordships report , was admitted a witness upon oath , in his own behalf , relating to the correspondence with dulivier , in which he himself was concern'd . now i shall give an account of a foul piece of fraud , acted in a parcel of rhubarb , and how it was this day sworn off before the commissioners of accounts . it was sworn at the bar of the house of lords by two drug merchants , who were summon'd , that in january , / . they sold to mr. jonathan leigh , apothecary , at publick sale , about one hundred and a half of rhubarb , at * four pounds eleven shillings per hundred ; and that the said rhubarb was damag'd , and none of it good , or fit for medicine . an apothecary also being summon'd , depos'd , that he was mr. leigh's apprentice , at the time the said rhubarb was bought ; and that a considerable quantity of it , by order of the said mr. leigh , was beaten into powder , and deliver'd into the (a) elaboratory in the savoy , for their majesties use . and being ask'd , he also declar'd upon oath , that his conscience would not give him leave to dispense such rhubarb into medicine : that the said rhubarb cost but after the rate of about nine pence three farthings per pound ; and that good rhubarb , fit for apothecaries use , was at that time worth at least , three or four and twenty shillings per pound (b) . this is the substance of what was sworn at the bar of the house of lords , which was transmitted in writing , sign'd by each person , to the commissioners of accounts , pursuant to their lordships order of reference ; and this day , viz. the third of april , the apothecary and drug-merchants , being summon'd to attend the commissioners of accounts , and being sent for up , the four apothecaries were also call'd up ; and after the former had again declar'd upon oath , according to what has been before related , then the commissioners of accounts admitted the four apothecaries upon oath , to swear a negative in their own behalf ; neither were they examin'd separate , but all suffer'd to be in the room at a time , and when one was upon his oath , the others stood by , and did sometimes direct and help his memory , as they saw occasion . thus they swore off the matter , only one of them made a small trip , which was this . one of the apothecaries ( among other things ) upon his oath declar'd , that not one grain of the rhubarb sent in powder to the savoy , went for the use of the sick and wounded seamen . then i pray'd liberty to ask him some questions , which were these . sir , if that damag'd rhubarb sent into the savoy was not employ'd for the use of the sick and wounded seamen , where then did it go ? was it dispers'd among the army ? but here i was interrupted , and told , i had nothing to do with the army : 't was sufficient he had sworn , that none of it went to the use of the sick and wounded seamen . then i proceeded to ask him , sir , upon your oath , do you keep the medicines for the army , and sick and wounded seamen together ? or , do you distinguish which is for the army , and which for the sick and wounded ? he answer'd no ; there 's no need of it , we keep them all together . then i demanded : sir , upon your oath , are you constantly at the elaboratory in the savoy , when the invoices of medicines sent from the sick and wounded office , are made up to be sent to the sea-ports ? or , who is it that attends that service ? he answer'd , 't is mr. anderson's business to look after that , for i am never there . then , reply'd i , how can you so positively swear , that not one grain of this rhubarb went for the use of the sick and wounded seamen , when the medicines are kept together without distinction , and you are never there at the making up of the invoices ? thus the dark miscarriage of the rhubarb was sworn off by the criminals themselves , and look'd upon as a slight and trivial matter . this part being over , i mov'd to have produc'd the information of one ben. cooke , and about other masters of ships ; and also a letter of mounsieur delagny's , which were both inserted in the list of witnesses given in by me the th . of march , but i could not obtain the same . i mov'd also , that the minuits of the admiralty might be produc'd , concerning what nich. sharrack swore against ben. berry's complaint , which i had pray'd might be sent for in the list of witnesses , of the th . of march , but could not obtain it , though it was to shew the falsity of (a) mr. sharrack's deposition afore-mentioned . saturday , april th had another hearing , and mr. richard gibson attending according to order , to be a witness about the proposal of capt. white , the commissioners of accounts receiv'd an information upon oath , against him and me ( which was forreign to the matter before them ) by three clamorous women , brought up on purpose from deptford . neither were they examined separate , but called up all together , and being upon oath , one was suffered to tell her story , and the rest only ask'd , if what she said was true ? and mr. gibson going to justifie himself , the commissioners were not willing to hear him : to which one of the commissioners of accounts said , that since they had suffered dirt to be thrown in his face , they ought in honour to give him liberty to wipe it off again : so at last the board was prevail'd with to consent to hear mr. gibson's defence the thursday following (a) . april th , thursday , had another hearing , when the commissioners for sick and wounded brought one of their clerks , their messenger , and their door-keeper , to be witnesses for them . i mov'd that they might be ask'd , whether any one had offer'd to tamper with them ? which was refus'd . i mov'd , that mr. gibson , or my self , might be permitted to ask the commissioners for sick and wounded some questions , in order to clear mr. gibson of the information so unjustly charg'd upon him ; but it was refus'd . thus mr. gibson being summon'd as an evidence for the king , met with very scurvy treatment ; against which the same commissioner of accounts , last spoken of , did several times object , declaring they ought not to have received any such information . then i mov'd , that that part of the complaint might be examin'd which sets forth , that the commissioners for sick and wounded , keep their accounts in a clandestine manner , contrary to the practice of the navy , whereby they give themselves opportunity to cheat the * king — receiv'd answer from the chairman , that they nor i had nothing to do , how the commissioners for sick and wounded keep their accounts . and thus i have done with the last examination before the commissioners of accounts . but here it may not be improper to observe , that sir samuel bernadiston left the commissioners of accounts , and sir peter colliton died before this complaint came under examination : neither do i remember that the honourable paul foley was at any of the aforementioned debates , the greatest part of which happen'd in the sitting of the parliament . and this treatment being added to all the hard usage i had before undergone , and seeing my enemies multiply upon me , i was very desirous that a final end might be put to this tedious business , and that the commissioners of accounts might represent me to the house of lords either for a knave or an honest man , as they in their consciences thought i deserv'd ; and to move their honours thereto , i wrote them the following letter . honoured gentlemen , hoping you will suddenly give in a report to the house of lords concerning my complaint against the commissioners for sick and wounded , pursuant to their lordships order of reference , of the th of march last ; but before the said report be given in , i shall humbly beg leave to offer to your consideration the following particulars : . that i laid down my employment to bring this complaint , out of a love to justice , and zeal for the king's service ( tho directly contrary to my own private interest at that time : ) and tho there has been a report made to the king by the lords of the admiralty , and also a report by the lords of the council to the late queen , of blessed memory ; both which reports do ( i conceive ) set forth , that the matter of fact in my complaint , is true ; all which are publick evidences , that what i did , was the duty of a good subject : yet , notwithstanding , my adversaries have been supported , and i , as though i were a criminal , have been to this day , not only kept out of employment , but also left openly exposed , as a sacrifice , to the malice of the numerous train of the corrupt and difaffected party , to the hazard of my life , and damage some hundreds of pounds ; so that my case is become a publick example to deter and affright all faithful subjects from ever daring to do their duty , in discovering any crimes against the king or kingdom for the future ; and of what evil consequence such publick proceedings may be , to the discouraginging vertue and fidelity , and supporting , und establishing vice and treachery , i shall humbly leave your honours to judge ; because your power , wisdom , and duty , to promote the honour and interest of your king and country , is so far superiour to mine . ly . that the complaint exhibited by me against the commissioners for sick and wounded , does , i conceive , contain matters of great consequence to the publick good , which complaint must of necessity be either true or false ; and consequently i do deserve either to be incourag'd , or severely punish'd . therefore my humble request to your honours is , that you will insert your opinions of me in your report to the house of lords ; and if you believe my complaint is true , and that i had a design to promote the interest of my king and country therein , that then you will recommend me to their lordships for incouragement . but because i will be wholly impartial to my self , i also pray , that if your honours can find any just grounds to believe that my complaint is false , that then you will not spare me , but in justice to the commissioners accus'd , represent me in your report , as an impostor , that deserves corporal punishment , in such manner , as to the wisdom of your board , shall seem agreeable to the rules of justice . for , i humbly suppose , any man that brings a false and malicious complaint , ought to be severely punish'd for the same , otherwise no gentleman is safe in his reputation , or in any office , or grant he shall receive from the crown . and now , honoured gentleman , i most humbly pray you to speed your report , and to consider of , and answer , these my just requests ; in doing which , i assure my self , that you will throughly consult the merits of the cause , for the good of your country , according to the rules of down-right justice ( without regard to persons or factions ) so as not to spill innocent blood on either side . for , i conceive , it is morally impossible , that the commissioners accus'd , and i their accuser , can all be honest men. i am your honours most humble and obedient servant , samuel bastno . london , april . . finis . notes, typically marginal, from the original text notes for div a -e (a) or agreement between the two courts for a general exchange of prisoners . (b) a french popish merchant , that formerly liv'd in london , but fled to france at the revolution , there being warrants out against him . (a) also a popish merchant , who being obnoxious to the government , was then newly banish'd by order of the queen and council ; but had a part in all the transport vessels . * from the teeth outwards . (a) note , when any miscarriage happen'd to be committed in the transport ships , mr. churchill us'd to pretend to be owner , that by a pretended check from the commissioners , he might remove all clamour from them , for corresponding with dulivier ; and at other times i have heard him say , he had not a stick in any of the ships , but was paid for soliciting . * doubtless to be burn'd . (a) what mr. churchill denies here , he confess'd at the admiralty ; and to extenuate the crime , pretended he sent mr. masters to france upon secret service , which was known to mr. secretary trenchard : but when the examination came before the council , secretary trenchard stood up , and declar'd to this effect , that he did not know mr. masters , nor of his going ; but found his name had been made use of very unhandsomly and scandalously (a) the same mr. masters , before spoken of ; and these words of mr. elder 's , confirm the truth of what their secretary spoke , that some of the commissioners know of masters's going as well as he . (a) which was a very ill manner , being private exchanges of man for man , and quality for quality , which prov'd very tedious and prejudicial to the poor captives ; when at the same time the dutch had an agreement for setting open the prison-doors on both sides ; and so preserv'd the lives of their men by their speedy releasement ; whereas many english prisoners , by their long imprisonment , and barbarous usage , perish'd , and others went into the french service . * vvhich is about s. in the pound . * clerk to mr george dickinson , the commissioner's agent at plymouth . (a) who was not a prisoner at war to be exchang'd , but a pyrate to be try'd for his life . (b) this information was sent to the commissioners , about the th or th of july , . attested under the hands of one ben. cooke , and about other masters of ships , who had been prisoners in france , and then newly , return'd from st. malo to plymouth , setting forth , that several irish prisoners , &c. escaped from plymouth , in the transport ships , under the notion of french prisoners at war , by bribing nicho. sharrack , and the goaler , and that they had spoke with several irish captains at st. malo , whose names they mention , who assur'd them , that they escaped out of plymouth prison by bribery , and that any one who had mony , might with ease do the like . these masters in their information also affirm , that before the transport ship , ( that brought them over to plymouth ) arriv'd at st. malo , they were well used , and had liberty to walk the town upon bayl ; but the french prisoners . who came over in that transport ship , complaining to the governour how barbarously they were us'd at plymouth ; that they had half their allowance kept from them , and were frequently beaten by vvannell the goaler , and several of their heads were broke by him , which they shew'd the governour ; this with other complaints , ●o incens'd him , that he forthwith confined all the english prisoners to close prison , useing them with much barbarity . there are other things worthy of note , contain'd in this information , for which reason ( after this report ) i often mov'd at several hearings to have it produc'd , but could never obtain the same . (a) and this article about swearing was , to my knowledg , in mr. dickinsons instructions , tho the commissioners always dispenc'd with the performance thereof : (b) if this article was not fully prov'd before the admiralty ; yet it may easily be made appear , not only by the commissioners keeping their books , but their shameful partiality in passing and paying mr. dickinsons accounts of plymouth , without being sworn to , to the great wrong of king and subject ; and i remember when i left the office i saw a quarters account of mr. dickinsons , for a great sum of mony , then about two years old , endors'd upon the back by mr. garrard the commissioners secretary , in these words , this account is yet to be examined , when it had been posted in the leidger , and paid long before . and in like manner , while i was in the office , all accounts that came , were posted in the leidger by mr. garrard before examination , and afterwards , as he thought fit , he gave them out to be examin'd with constant instructions not to alter the total , but to return the objections in writing to him ; but whether he made the just abatements , is best known to his own conscience ; it appears by mr. dickinson's accounts , he did not : also in the th article of this report 't is prov'd , that mr. garrard having the disposal of the king's mony , passes his own accounts , without any other check ; all which i think are demonstrations of keeping their accounts in a clandestine manner , so as to give themselves opportunity to cheat the king. (a) at deptford the king paid d. a day for each man's quarters , and s. d. for his cure ; whereas the whole charge to the king , of the london hospitals , is but d. a day , and the men better taken care of ; by which it appears . that in every l. the king paid at deptford , his majesty-paid above l. thereof in his own wrong . * to purchase delays . (a) the king's surgeon at plymouth , that took care of the sick and wounded seamen , &c. and was an eye-witness to all the miscarriages of mr. dickinson . (a) late clerk to mr. dikinson at plymouth , and now in the same employment under the new agent . * a copy of which i delivered at the board . (a) having from my unwillingness good grounds to believe i was not able to contradict him . * for sick and wounded . (a) the seat of war being most to the westward , caus'd great numbers of french prisoners to be brought into plymouth more than other ports , whose barbarous usage was from time to time represented to the commissioners , not only by the poor prisoners themselves , but also by monsieur delagnii , intendant general of the marine at paris , in several letters , setting forth the inhumane usage the french prisoners had from mr. dickinson and his servants , in defrauding them of their allowance , &c. by reason whereof many of them died , with repeated threats to use the english prisoners with the like cruelty , if it was not redress'd ; which never being done by the commissioners , but rather encouraged , was certainly the true cause of all the misery that the english prisoners suffered in france , in which hundreds perished : and these letters of monsieur delagnii's , i mov'd several times to have produc'd , but could never obtain the same . (a) tho mr. sharrack was to be discharg'd any further attendance that night ; and it would not have taken up above a quarter of an hour to have sent for the book , being no further than from york-buildings to scotland-yard . * one of the commissioners for sick and wounded (a) a very unchristian act to encourage mr. sharrack to proceed upon his oath , when what he had sworn be fore sinel● so strong of perjury . (a) these proceedings were so notorious , that nicholas sharrack was generally known in the fleet to be the man that cheated the seamen of their allowance in plymouth hospital ; and when he was in london , has confessed he durst not go to the navy-office by day-light for fear of being beaten , or kill'd by the seamen : and i have seen a letter to the commissioners , under his own hand , wherein he gives them an account of a mutiny at plymouth by the seamen , and how they threatned to burn the hospital ; and that they assaulted his house , threatning to kill him ; so that he was forc'd to withdraw into the countrey ; and all because of these cheats , which were never redress'd by the commissioners , but his master dickinson and he still protected by them . (a) he being the tool to do all the executive part of these cheats , durst not then appear face to face with mr. leckie , but mr. dickenson was thought fitter to come up , that whatever crimes were prov'd , he might pretend ignorance , and shift them off to his clerk. but so soon as mr. leckie was gone to sea , up comes sharrack , and couragiously swears a direct negative to all that mr. leckie had sworn believing none was able to contradict him . (a) note , mr. holder had then made a proposal , in writing , to the commissioners , for thirty shillings a head ; therefore the sharers therein , had reason to be angry with capt. vvhite , for proposing to do the same thing for eight . i have mr. holder's original proposal of s. ready to produce . * partner with mr. peter dulivier . * untruth , for eight shillings a head is fairer than twenty . * one of the commissioners for sick and wounded . (a) the old accusation spoken of in page . reviv'd . * which is about nine pence farthings per pound . (a) mr. leigh , and three apothecaries more , are appointed to prepare the medicines for the army , and sick and wounded seamen ; and they keep their elaboratory in the savoy , london ; from whence all such medicines issue . (b) concerning this rhubarb , it was the opinion of the president , and several of the colledge of physicians ( whom i waited upon about this matter ) , that whoever took it for any distemper where rhubarb was the proper medicine , must needs die for want thereof , it having no more vertue than so much powder of rotten post . neither is this the only miscarriage of this nature that has come to light . and if such gross errors as these could pass the inspection of all those physicians , apothecaries , &c. that the commissioners for sick and wounded pretend do constantly view all their medicines , then god and the consciences of those concern'd , only knows what other bad medicines have been issued in like manner , for the lucre of gain , and how many poor men have perish'd thereby . (a) vid. the last part of his deposition . (a) the whole business which occasion'd all this dispute , was an accusation for receiving two shillings ( a fee allowed by the commissioners ) about the latter end of the year . when mr. gibson was their secretary ; which now they were not only so shameless to deny the allowing , but also to bring up these women to arraign mr. gibson for receiving it ; and one of the commissioners of accounts was so very eager as to give it the term of levying money upon the subject ; which shews how ready some persons are to lay hold on all little opportunities to defame and blacken the reputations of those that endeavour to detect publick frauds . * vide the note to the th article of the admiralties report . his highness speech to the parliament in the painted chamber at their dissolution, upon monday the d. of ianuary . published to prevent mistakes, and false copies. cromwell, oliver, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his highness speech to the parliament in the painted chamber at their dissolution, upon monday the d. of ianuary . published to prevent mistakes, and false copies. cromwell, oliver, - . [ ], p. re-printed at dublin, by william bladen, [dublin] : . imperfect: cropped with some loss of print. reproduction of original in the dr. williams's library. eng england and wales. -- parliament. great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - a r (wing c ). civilwar no his highness speech to the parliament . . . d. of january, [ ] cromwell, oliver c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion his highness speech to the parliament in the painted chamber at their dissolution , upon monday the d . of ianuary . published to prevent mistakes and false copies . re-printed at dublin , by william bladen , . his highnes speech to the parliament , in the painted chamber , at their dissolution , upon monday ianuary . gentlemen i perceive , you are here as the house of parilament , by your speaker , whom i see here ; and by your faces , which are , in a great measure , known to me . when i first met you in this room , it was , to my apprehension , the hopefullest day that ever mine eyes saw , as to considerations of this world : for i did look at ( as wrapt up in you , together with my self ) the hopes and the happiness of ( though not of the greatest yet a very great , and ) the best people in the world ; and truely and unfeignedly i thought so ; as a people that have the highest and the clearest profession among them , of the greatest glory ( to wit ) religion ; as a people that have been like other nations , sometimes up , and sometimes down , in our honour in the world , but yet never so low , but we might measure with other nations ; and a people that have had a stamp upon them from god , god having ( as it were ) summed all our former glory and honour , in things that are glory to nations in an 〈…〉 we knew one another at home , and are well known abroad . and ( if i be not very much mistaken ) we were arrived ( as i , and truely , as i believe , many others did think ) at a very safe port , where we might sit down , and contemplate the dispensations of god , and our mercies , and might know our mercies not to have been like to those of the antients , who did make out their peace and prosperity , as they thought , by their own endeavours ; who could not say , as we , that all ours were let down to us from god himself , whose appearances and providences amongst us are not be outmatched by any story . truly this was our condition and i know nothing else we had to do , save as israel was commanded , in that most excellent psalm of david , psal. . v. , , , . the things which we have heard and known , and our fathers have told us , we will not hide them from their children , shewing to the generation to come the praise of the lord , and his strength , and his wonderful works which he hath done ; for he established a testimony in iacob , and appointed a law in israel , which he commended our fathers that they should make them known to their children , that the generation to come might known them , even the children which should be born , who should arise and declare them to their children , that they might set their hope in god , and not forget the workes of god , but keep his commandments . this i thought had been a song and a work worthy of england , whereunto you might have happily invited them , had you had hearts unto it . you had this opportunity fairely delivered unto you ; and if a history shall be written of these times , and of transactions , it will be said ( it will not be denyed ) but that these things that i have spoken are true . this talent was put into your hands , and i shall recure to that which i said at the first , i came with very great joy , and contentment , and comfort , the first time i met you in this place : but we and these nations are , for the present , under some disappointment . if i had purposed to have plaid the orator , which i did never affect , nor do , nor i hope shall , i doubt not but upon easie suppositions , which i am perswaded every one among you will grant , we did meet upon such hope as thse . i met you a second time here , and i confess at that meeting i had much abatement of my hopes , through not a total frustration . i confess that that which dampt my hopes , so soon , was somewhat that did look 〈…〉 you that the management of affairs did savour of a not-owning too too much savour i say of a not-owning the authority that called you hither ; but god left us not without an expedient that gave a second possibility , shall i say , a possibility ? it seemed to me a probability of recovering out of that dissatisfied condition we were all then in , towards some mutuality of satisfaction , and therefore by that recognition , suiting with the indenture that returned you hither , to which afterwards also was added your own declaration , conformable to and in acceptance o , that expedient , whereby you had ( though with a little check ) another opportunity renewed unto you to have made this nation as happy as it could have been , if every thing had smoothly run on from hatsirct hour of your meeting . and indeed ( you will give me liberty of my thoughts and hopes ) i did think , as i have formerly found in that way that i have been engaged as a souldier , hat some affronts put up in us , some disasters at the first , have made way for very great and happy successes . and i did not at all despond , but the stop put upon you , would in like manner have made way for a blessing from god , that that interruption being , as thought , necessary to divert you from destructive and violent proceedings , to give time for better deliberati us ; whereby , leaving the government as you found it , you might have proceeded to have made those good and wholsome laws , which the people expected from you , and might have answered the grievances , and settled those other things proper to you as a parliament , and for which you would have had thanks , from all that intrusted you . what hath hapned since that time , i have not taken publick notice of , as declining to intrench upon parliament priviledges : for sure i am , you will all bear me witness , that from your entring into the house upon the recognition , to this very day , you have had no manner of interruption or hindrance of mine , in proceeding to that blessed issue the heart of a good man could propose to himself , to this very day . you see you have me verie much lockt up as to what you transacted among your selves from that time to this , but somthing i shall take liberty to speak of to you , as i may not take notice what you have been doing , so i think i have a very great liberty to tell you , that i do not know what you have been doing , i do not know whether you have been alive or dead , i have not once heard from you in all this time , i have not , and that you all know : if that be a fault that i have not , surely it hath not been mine . if i had any melancholy thoughts , and have sat down by them , why might it not have been very lawful to me to think that i was a 〈◊〉 judged vnconcerned in all these businesses : i can assure you , i have not reckoned my self , nor did i reckon my self unconcerned in you , and so long as any iust patience could support my expectations , i would have waited to the untermost to have received from you the issues of your consultations and resolutions ; i have been careful of your safety , & the safety of those that you represented , to whom i reckon my self a servant . but what messages have i disturbed you withall ? what injury or indignity hath been done or offered , either to your persons , or to any priviledges of parliament , since you sat ? i looked at my self , as strictly obliged by my oath since your recognizing the government , in the authority of which you were called hither , and sate , to give you all possible security , and to keep you from any un-parliamentary interruption . think you i could not say more upon this subject , if i listed to expaciate thereupon ; but because my actions plead for me : i shall say no more of this . i say , i have been caring for you , your quiet sitting , caring for your priviledges ( as i said before ) that they might not be interrupted , have been seeking of god , from the great god , a blessing upon you , sand a blessing upon these nations ; i have been consulting , if possiblie i might in any thing promote , in my place , the real good of this parliament , of the hopefulness of which i have said so much unto you . and i did think it to be my business , rather to see the utmost issue , and what god would produce by you , than unseasonably to intermeddle with you . but as i said before , i have been caring for you , and for the peace and quiet of the nations , indeed i have , and that i shall a little presently manifest unto you . and it leadeth me to let you know somwhat that i fear , i fear will be through some interpretation a little too justly put upon you , whilest you have been imployed as you have been ( and in all that time expressed in the government , in that government , i say , in that government ) brought forth nothing that you your selves say can be taken notice of without infringment of your priviledges . i will tell you somwhat , that ( if it be not news to you ) i wish you had taken very serious consideration of ; if it be news , i wish i had acquainted you with it sooner : and yet if any man will ask me why i did it not , the reason is given already , because i did make it my business to give you no interruption . there be some trees that will not grow under the shadow of other 〈…〉 a man may say so by way of allusion to thrive under the shadow of other trees : i will tell you what have thriven , i will not say what you have cherished under your shadow , that were too hard , instead of the peace and settlement , instead of mercy and truth being brought together , righteousness and peace kissing each other , by reconciling the honest people of these nation : , and settling the woful distempers that are amongst us , ( which had been glorious things , and worthy of christians to have proposed ) weeds and nettles , briars and thorn ; have thriven under your shadow , dissettlement ! and division , discontent and dis-satisfaction , together with real dangers to the whole , has been more multiplied within these five months of your sitting , than in some years before . foundations have been also laid for the future renewing the troubles of these nations , by all the enemies of it abroad and at home ; let not these words seem too sharp , for they are true , as any mathematical demonstrations are or can be ; i say , the enemies of the peace of these nations abroad and at home , the discontented humors throughout these nations , which i think no man will grudg to call by that name , or to make to allude to briars and thorns , they have nourished themselves under your shadow . and that i may be clearly understood , they have taken the opportunities from your sitting , from the hopes they had , which with easie conjecture they might take up , and conclude , that there would be no settlement , and therefore they have framed their designes , preparing for the execution of them accordingly . now whether ( which appertains not to me to judge of on their behalf ) they had any occasion ministred for this ; and from whence they had it , i list not to make any scrutiny or search , but i will say this , i think they had them not from me , i am sure they had not ; from whence they had it is not my business now to discourse , but that they had , is obvious to every mans sense . what preparations they have made to execute in such a season as they thought fit to take their opportunity from , that i know ( not as men know things by conjecture , but ) by certain demonstrable knowledg , that they have been ( for some time past ) furnishing themselves with arms , nothing doubting , but that they should have a day for it ; and verily believing , that whatsoever their former disappointments were , they should have more done for them by and from our own divisions , than they were able to do for themselves . i do not , and i desire to be understood so , that in all i have to say of this subject , you will take it that i have no reservation in my minde to 〈…〉 of guess and suspition , with things of fact , but the things i am telling are of fact , things of evident demonstration . these weeds , briars and thorns , they have been preparing , and have brought their designs to some maturity , by the advantages given to them , as aforesaid , from your sitting and proceedings ; but by the waking ey that watched over that cause that god will bless , they have been , and yet are disappointed . and having mentioned that cause , i say that slighted cause , let me speak a few words in behalf thereof ( though it may seem too long a digression ) whosoever despiseth it , and will say it is non causa pro causâ , the all searching ey before mentioned will find out that man , and will judge him , as one that regardeth not the works of god , nor the operations of his hands , for which god hath threatened to cast men down and not build them up ; that because he can dispute , and tell us , he knew not where the cause begun , nor where it is , but modelleth it according to his own intellect , and submits not to to the appearances of god in the world , therefore he lifts up his heel against god , and mocketh at all his providences , laughing at the observations made up not without reason , and the scriptures , but by the quickening and teaching spirit , which gives life to the other , calling such observations enthusiasms . such men , i say , no wonder if they stumble and fall backward , and be broken , and snared , and taken by the things of which they are so maliciously and wilfully ignorant . the scriptures say , the rod has a voice , and he will make himself known , and he will make himself known by the judgements which he executeth ; and do we not think he will , and does , by the providences of mercy and kindness which he hath for his people , and for their just liberties , whom he loves as the apple of his ey ? doth he not by them manifest himself ? and is he not thereby also seen , giving kingdoms for them , giving men for them , and people for their lives ? as it is in the . of isaiah is not this as fair a lecture , and as clear speaking , as any thing our dark reason left to the letter of the scriptures can collect from them ? by this voice has god spoken very loud on the behal of his people , by judging their enemies in the late war , and restoring them a liberty to worship with the freedom of their consciences , and freedom in their estates and persons when they do so . and thus we have found the cause of god by the works of god , which are the testimony of god , upon which rock , whosoever spilits shall suffer shipwrack . but it is our glory , and it is mine , if i have any in the world , concerning the interest of those that have an interest in a better world ; it is my glory that , i know a cause , which yet we have not lost , but do hope we shall take a little pleasure rather to lose our lives than lose . but you will excuse this long digression . i say unto you , whilst you have been in the midst of these transactions , that party , that cavalier party , ( i could wish some of them had thrust in here to have heard what i say ) the cavalier party have been designing and preparing to put this nation in bloud again with a witness ; but because i am confident there are none of that sort here , therefore i shall say the less to that ; onely this i must tell you , they have been making great preparations of arms , and , i do believe , will be made evident to you that they have raked out many thousands of arms , even all that this city could afford , for divers months last past . but it will be said , may we not arm our selves for the defence of our houses ? will any bodie find fault for that ? no , for that , the reason of their doing so hath been as explicit , and under as clear proof , as the fact of doing so , for which i hope , by the justice of the land , some will , in the face of the nation , answer it with their lives , and then the business will be pretty well out of doubt . banks of money have been framing for these , and other such like uses ; letters have been issued , with privie seals , to as great persons as most are in the nation , for the advance of moneys , which have been discovered to vs by the persons themselves ; commissions for regiments of horse and foot and command of castles , have been likewise given from charls stuart , since your sitting ; and what the general insolencies of that party have been , the honest people have been sensible of , and can very well testify . it hath not been onely thus ; but as in a quinzie or plurisie , where the humor fixeth in one part , give it scope , it will gather to that place , to the hazarding of the whole , and it is natural to do so , till it destroy nature , in that person on whomsoever this befals , so likewise will those diseases take accidental causes of aggravation of their distemper ; and this was that which i did assert , that they have taken accidental causes , for the growing and increasing of those distempers , as much as would have been in the natural body , if timely remedy were nor applied . and indeed , things were come to that pass ( in respect of which i shall give you a particular account ) that no mortal physician , if the great physician had not stept in , could have cured the distemper . shall i lay this upon your account , or my own ? i am sure i can lay it upon gods account 〈…〉 mortal and destructive ; and what is all this ? truly i must needs say , a company of men still , like briars and thorns , and worse , if worse can be , of another sort than those before mentioned to you , have been , and yet are , endeavoring to put us into bloud and into confusion , more desperate and dangerous confusion than england ever yet saw . and i must say , as when gideon commanded his son to fall upon zeba and zalmunna to slay them , they thought it more noble to die by the hand of a man , than of a stripling ; which shews there is some contentment in the hand by which a man falls : so is it some satisfaction , if a common-wealth must perish that it perish by men , and not by the hands of persons differing little from beasts ; that if it must needs suffer , it should rather suffer from rich men , than from poor men , who , as solomon saies , when they oppress , they l●●ve nothing behind them , but are as a sweeping rain . now , such as these also are grown up under your shadow : but it will be asked , what have they done ? i hope , though they pretend common-wealths interest , they have had no encourageme●t from you , but that as before , rather taken it , than that you have administered any cause unto them for so doing , from delays , from hopes that this parliament would not settle , from pamphlets , mentioning strange votes and resolves of yours , which i hope did abuse you . thus you see , what ever the grounds were , these have been the effects . and thus i have laid these things before you , and you and others will be easily able to judge how far you are concerned . and what have these men done ? they have also labored to pervert where they could , and as they could , the honest meaning people of the nation , they have labored to engage , some in the army ; and i doubt , that not onely they , but some others also very well known to you , have helped in this work of debauching and dividing the army ; they have , they have ; i would be loth to say , who , where , and how , much more loth to say , they were any of your own number , but i can say endeavors have been to put the army into a distemper , and to feed that which is the worst humor in the army , which though it was not a mastering humor , yet these took their advantage from delay of the settlement , and the practices before mentioned , and stopping the pay of the army , to run us , into free-quarter , and to bring us into the inconveniencies most to be feared and avoided . what if i am able to make it appear in fact , that some amongst you have run into the city of london to perswade to petitions and ad 〈…〉 own votes that you have passed ? whether these practices were in favor of your liberties , or tended to be get hopes of peace and settlement from you ; and whether debauching the army in england , as is before expressed , and sterving it , and putting it upon free-quarter , and occasioning and necessitating the greatest part thereof in scotland to march into england , leaving the remainder thereof to have their throats cut there , and kindling by the rest a fire in our own bosoms , were for the advantage of affairs here , let the world judg ? this i tell you also , that the correspondency held with the interest of the cavaliers , by that party of men called levellers , and who calls themselves common-wealths-men ; whose declarations were framed to that purpose , and ready to be published at the time of their commonrising , whereof we are possessed , and for which we have the confession of themselves , now in custody ; who confess also they built their hopes upon the assurance they had of the parliaments not agreeing a settlement : whether these humors have not nourished themselves under your boughs , is the subject of my present discourse , and i think i say not amiss if i affirm it to be so . and i must say it again , that that which hath been their advantage , thus to raise disturbance , hath been by the loss of those golden opportunities , that god hath put into your hands for settlement , judge you whether these things were thus or no , when you first sat down , i am sure things were not thus , there was a very great peace , and sedateness , throughout these nations , and great expectations of a happy settlement , which i remembered to you at the beginning of my speech , and hoped that you would have entered upon your business as you found it . there was a government in the possession of the people , i say a government in the posession of the people , for many months , it hath now been exercised near fifteen months ; and if it were needful that i should tell you , how it came into their possession , and how willingly they received it , how all law and justice were distributed from it , in every respect , as to life , liberty and estate ; how it was owned by god , as being the dispensation of his providence , after twelve years war , and sealed and witnessed unto by the people , i should but repeat what i said in my last speech made unto you in this place , and therefore i forbear . when you were entered upon this government , raveling into it ( you know i took no notice what you were doing ) if you had gone upon that 〈…〉 visions for the good of the people of these nations , for the settling of such matters in things of religion as would have upheld and given countenance to a godly ministery , and yet would have given a just libertie to godly men of different judgements , men of the same faith with them that you call the orthodox ministery in england , as it is well known the independents are , and many under the form of ba●tism , who are sound in the faith , onely may perhaps be different in judgement in some lesser matters , yet as true christians , both looking at salvation , onely by faith in the bloud of christ , men profe●●●ng the fear of god , having recourse to the name of god , as to a strong tower ; i say you might have had opportunity to have settled peace and quietness amongst all professing godliness , and might have been instrumental , if not to have healed the breaches , yet to have kept the godly of all judgements from running one upon another , and by keeping them from being over-run by a common enemie , rendered them and these nations , both secure , happy , and well satisfied . are thess things done ? or any thing towards them ? is there not yet upon the spirits of men a strange itch ? nothing will satisfie them , unless they can put their finger upon their brethrens consciences , to pinch them there . to do this was no part of the contest we had with the common adversary ; for religion was not the thing at the first contested for ; but god brought it to that issue at last , and gave it unto us by way of redundancie , and at last it proved to be that which was most dear to us ; and wherein consisted this , more than in ●btain●ng that liberty from the tyranny of the bishops , to all species of protestants , to worship god according to their own light and consciences ? for want of which , many of our brethren forsook their native countreys , to seek their bread from strangers , and to live in howling wildernesses ; and for which also , many that remained here , were imprisoned , and otherwise abused , and made the scorn of the nation . those that were sound in the faith , how proper was it for them to labor for liberty , for a just liberty , that men should not be trampled upon for their consciences ? had not they labored but lately under the weight of persecutions , & was it fi● for them to sit heavy upon others ? is it ingenuous to ask liberty , and not to give it ? what greater hypocrisie , than for those who wer● oppressed by the bishops , to becom the greatest oppressors themselves , so soon as their yoke was removed ? i could wish that they who call for liberty now also , had not too much of that spirit , if the power were in their hands . 〈…〉 contentious railers , evil speakers , who seek by evil words to corrupt good manners , persons of loose conversaions , punishment from the civil magistrate ought to meet with them , because if these pretend conscience , yet walking disorderly , and not according , but contrary to the gospel , and even to natural light , they are judged of all , and their sins being open , makes them subjects of the magistrates sword , who ought not to bear it in vain . the discipline of the army was such , that a man would not be suffered to remain there , of whom we could take notice he was guilty of such practices as these : and therefore how happy would england have been , and you , and i , if the lord had led you on to have settled upon such good accounts as these are , and to have discountenanced such practices as the other , and left men in disputable things free to their own consciences , which was well provided for by the government , and liberty left to provide against what was apparently evil . judge you , whether the contesting for things that were provided for by this government hath been profitable expence of time for the good of these nations ? by means whereof , you may see you have wholely elapsed your time , and done just nothing . i will say this to you in behalf of the long parliament , that had such an expedient as this government been proposed to them , and that they could have seen the cause of god thus provided for , and had by debates been enlightened in the grounds by which the difficulties might have been cleared , and the reason of the whole enforced , the circumstances of time and persons , with the temper and disposition of the people , and affairs both abroad and at home , when it was undertaken , well weighed , ( as well as they were thought to love their seats ) i think in my conscience that they would have proceeded in another manner than you have done , and not have exposed things to those difficulties and hazards they now are at , nor given occasion to leave the people so dissettled as now they are , who i dare say , in the soberest , and most judicious part of them , did expect , not a questioning , but a doing things in persuance of the government , and if i be not mis-informed , very many of you came up with this satisfaction , having had time enough to weigh and consider the same . and when i say , such an expedient as this government is , wherein i dare assert there is a just liberty to the people of god , and the just rights of the people in these nations provided for , i can put the issue thereof upon the clearest reason , whatsoever any go about to suggest to the contrary . but this not being the time and place of such an averment , for satisfaction sake herein , enough is said in a book , intituled , a true state of the case of the common-wealth , &c. published in jan. . ( and for my self , i desire not to keep it an hour longer than i may preserve england in its just rights , and may protect the people of god in such a just : liberty of their consciences , as i have already mentioned ) and therefore if this parliament have judged things to be otherwise than as i have stated them , it had been huge friendliness between persons that had such a reciprocation , and in so great concernments to the publick , for them to have convinced me in what particulars therein my error lay , of which i never yet had a word from you . but if instead thereof , your time has been spent in setting up somwhat else upon another bottom than this stands , that looks as if a laying grounds of a quarrel had rather been designed , than to give the people settlement ; if it be thus , it s well your labors have not arrived to any maturity at all . this government called you hether , the constitution whereof being so limited , a single person and a parliament , and this was thought most agreable to the genral sence of the nation , having had experience enough by tryal of other conclusions , judging this most likely to avoid the extreams of monarchy on the one hand , and democracy on the other , and yet not to found dominium in gratiâ . and if so , then certainly to make it more than a nation , it was requisit that it should be as it is in the government , which puts it upon a true and equal ballance . it has been already submitted to the judicious honest people of this nation , whether the ballance be not equal , and what their judgement is , is visible by submission to it , by acting upon it , by restraining their trustees from meddling with it : and it neither asks nor needs any better ratification . but when trustees in parliament shall by experience find any evil in any parts of the government , refered by the government it self to the consideration of the protector and parliament ( of which time it self will be the best discoverer ) how can it be reasonably imagined , that a person or persons coming in by election , and standing under such obligations , and so limited , and so necessitated by oath to govern , for the peoples good , and to make their love , under god , the best under-propping , and his best interest to him , how can it , i say , be imagined , that the present or suceeding protectors will refuse to agree to alter any such thing in the government that may be found to be for the good of the people , or to recede from any thing which he might be convinced 〈◊〉 the ballance too much to the single person ? and although for the present , the keeping up , and having in his power the militia seems the most hard , yet if it should be yielded up at such a time as this , when there is as much need to keep this cause by it ( which is most evident at this time impugned by all the enemies of it ) as there was to get it , what would becom of all ? or if it should not be equally placed in him and the parliament , but yielded up at any time , it determins his power , either for doing the good he ought , or hindring parliaments from perpetuating themselves , or from imposing what religions they please on the consciences of men , or what government they please upon the nation , thereby subjecting us to dissettlement , in every parliament , and to the desperate consequences thereof ; and if the nation shall happen to fall into a blessed peace , how easily and certainly , will their charge be taken off , and their forces be disbanded , and then where will the danger be to have the militia thus stated ? what if i should say , if there should be a disproportion or disequality as to the power , it is on the other hand , and if this be so , wherein have you had cause to quarrel ? what demonstrations have you held forth to settle me to your opinion ? would you had made me so happy as to let me have known your grounds . i have made a free and ingenuous confession of my faith to you , and i could have wished it had been in your hearts to have agreed that some friendly and cordial debates might have been towards mutual conviction ; was there none amongst you to move such a thing ? no fitness to listen to it ? no desire of a right understanding ? if it be not folly in me to listen to towntalk , such things have been proposed , and rejected , with stifness and severity , once and again ; was it not likely to have been more advantagious to the good of this nation ? i will say this to you for my self , & to that i have my conscience as a thousand witnesses , and i have my comfort and contentment in it , and i have the witness of divers here , that i think truely scorn to own me in a lie , that i would not have been averse to any alteration , of the good of which i might have been convinced , although i could not have agreed to the taking it off the foundation on which it stands , &c. the acceptation and consent of the people . i will not presage what you have been about , or doing in all this time , or do i love to make conjectures , but i must tell you this , that as i undertook this government in the simplicity of my heart , and as before god , and to do the part of an honest man , and to be true to the inerest which in my conscience is dear to many of you ( though it is not alwaies understood what god in his wisdom may hide from us , as to peace and settlement ) so i can say , that no particular interest , either of my self , estate , honour , or family , are , or have been prevalent with me to this undertaking . for if you had upon the old government offered to me this one , this one thing , i speak , as thus advised , and before god , as having been , to this day of this opinion , and this hath been my constant judgement , well known to many that hear me speak , if this one thing had been inserted , that one thing , that this government should have been , and placed in my family hereditary i would have rejected it , and i could have done no other , according to my present conscience and light ; i will tell you my reason , though i cannot tell what god will do with me , nor you , nor the nation , for throwing away precious opportunities committed to us . this hath been my principle , and i liked it when this government came first to be proposed to me , that it put us off that hereditary way , well looking , that as god had declared what government he had delivered over to the jews , and placed it upon such persons as had been instrumental for the conduct and deliverance of his people ; and considering that promise in isaiah , that god would give rulers as at the first , and iudges as at the beginning , i did not know , but that god might begin , and though at present with a most unworthy person , yet as to the future , it might be after this manner , and i thought this might usher it in . i am speaking as to my iudgement against making it hereditary , to have men chosen for their love to god , and to truth , and iustice , and not to have it hereditary ; for as it is in ecclesiastes who knoweth whether he may beget a fool or wise , honest or not , what ever they be must come in upon that account , because the government is made a patrimony . and this i do perhaps declare with too much earnestness , as being my own concernment , and know not what place it may have in your hearts , and of the good people in the nation , but however it be , i have comfort in this my truth and plainness . i have thus told you my thoughts , which truly i have declared to you in the fear of god , as knowing he will not be mocked , and in the strength of god , as knowing and rejoycing that i am kept in my speaking ; especially when i do not form or frame things without the compass of the integrity , and honesty , that my own conscience gives me not the ly to what i say , and then in what i say i can rejoyce . now to speak a word or two to you , of that i must profess in the name of the same lord , an i wish that there had been no cause that i should have thus spoken to you , and though i have told you , that i came with ioy the first time , with some regret the second , that now i speak with most regret of all . i look upon you , as having among you many persons , that i could lay down my life individually for , i could through the grace of god , desire to lay down my life for you ; so far am i from having an unkind or un-christian heart towards you , in your particular capacities . i have that indeed as a work most incumbent upon me , i consulted what might be my duty in such a day as this , casting up all considerations . i must confess , as i told you , that i did think occasionally this nation hath suffered extreamly in the respects mentioned , as also in the disappointments of their expectations of that justice that was due to them by your sitting thus long ; and what have you brought forth ? i did not , nor cannot apprehend what it is , ( i would be loth to call it a fate , that were too paganish a word ) but there is something in it , that we have not our expectations . i did think also for my self , that i am like to meet with difficulties , and that this nation will not ( as it is fit it should not ) be deluded with pretexts of necessity in that great business of raising of money , and were it not that i can make some dilemmaes upon which to resolve some things of my conscience , judgement , and actions , i should sink at the very prospect of my encounters ; some of them are general , some are more special , supposing this cause , or this business must be carried on , either it is of god , or of man , if it be of man , i would i had never touched it with a finger ; if i had not had a hope fixed in me that this cause , and this business is of god , i would many years ago have run from it . if it be of god , he will bear it up . if it be of man , it will tumble , as every thing that hath been of man , since the world began , hath done . and what are all our histories , and other traditions of actions in former times , but god mani●esting himself that he hath shaken and tumbled down , and trampled upon every thing that he hath not planted ? and as this is , so the all-wise god deal with it . if this be of humane structure , and invention , and it be an old plotting and contrivance to bring things to this issue , and that they are not the births of providence , then they will tumble . but if the lord take pleasure in england , and if he will do us good , he is able to bear us up ; let the difficulties be whatsoever they will , we shall in his strength be able to encounter with them . and i bless god i have been inured to difficulties , and i never found god failed when i trusted in him ; i can laugh and sing in my heart when i speak of these things to you , or elswhere . and though some may think it an hard thing without parliamentary authority to raise money upon this nation ; yet i have another argument to the good people of this nation , if they would be safe , and have no better principle ; whether they prefer the having of their will , though it be their destruction , rather than comply with things of necessity ; that will excuse me , but i should wrong my native countrey to suppose this . for i look at the people of these nations , as the blessing of the lord , and they are a people blessed by god . they have been so , and they will be so by reason of that immortal seed , which hath been , & is amongst them , those regenerated ones in the land , of several judgements , who are all the flock of christ , and lambs of christ , though perhaps under many unruly passions , and troubles of spirit , whereby they give disquiet to themselves and others ; yet they are not so to god , as to us , he is a god of other patience , and he will own the least of truth in the hearts of his people , and the people being the blessing of god they will not be so angry , but they will prefer their safety to their passions , and their real security to forms , when necessity calls for supplies ; had they not well been acquainted with this principle , they had never seen this day of gospel-liberty . but if any man shall object , it is an easie thing to talk of neccssities when men create necessities ; would not the lord protector make himself great , and his familie great ? doth not he make these necessities ? and then he will come upon the people with this argument of necessitie . this were something hard indeed , but i have not yet known what it is to make necessities , whatsoever the judgements or thoughts of men are . and i say this , not onely to this assembly , but to the world , that that man liveth not , that can come to me , and charge me that i have in these great revolutions made necessities ; i challenge even all that fear god : and as god hath said . my glory i will not give unto another , let men take heed , and be twice advised , how they call his revolutions , the things of god , and his working of things from one period to another , how i say , they call them necessities of mens creation , for by so doing they do vilifie and lessen the works of god , and rob him of his glory , which he hath said , he will not give unto another , nor suffer to be taken from him . we know what god did to herod when he was applauded , and did not acknowledge god ; and god knoweth what he will do with men when they shall call his revolutions , humane designs , and so detract from his glory , when they have not been forecast , but sudden providences in things , whereby carnal and worldly men are enraged , and under , and at which many i fear ( some good ) have murmured and repined , because disappointed of their mistaken fancies ; but still they have been the wise disposings of the almighty , though instruments have had their passions and ●ra●lties ; and i think it is an honor to god to acknowledge the necessities to have been of gods imposing , when truely they have been so , as indeed they have , when we take our sin in our actings to ourselves , and much more safe , than judge things so contingent , as if there were not a god that ruled the earth . we know the lord hath poured this nation from vessel to vessel , till he poured it into your lap , when you came first together : i am confident , that it came so into your hands , was not judged by you to be from counterfeited , or feigned necessity , but by divine providence and dispensation . and this i speak with more earnestness , because i speak for god , and not for men ; i would have any man to come and tell of the transactions that have been , and of those periods of time , wherein god hath made these revolutions , and find where they can fix a feigned necessity . i could recite particulars , if either my strength would serve me to speak , or yours to hear ; if that you would revolve the great hand of god in his great dispensations , you would find that there is scarce a man that fell off at any period of time when god had any work to do , that can give god or his work , at this day , a good word . it was , say some , the cunning of the lord protector ( i take it to my self ) it was the craft of such a man , and his plot that hath brought it about . and as they say in other countreys , there are five or six cunning men in england that have skill , they do all these things : oh what blasphemy is this ! because men that are without god in the world , and walk not with him , and know not what it is to pray , or believe , and to receive return from god , and to be spoken unto by the spirit of god , who speaks without a written word sometimes , yet according to it : god hath spoken heretofore in divers manners , let him speak as he pleaseth . hath he not given us liberty ? nay is it not our dutie to go to the law and to the testimonies , and there we shall find that there have been impressions in extraordinary cases , as well without the written word as with it , and therefore there is no difference in the thing thus asserted , from truths generally received , except we will exclude the spirit , without whose concurrence all other teachings are ineffectual ; he doth speak to the hearts and consciences of men , and leadeth them to his law and testimonies , and there he speaks to them , and so gives them double teachings , according to that of job . god speaketh once , yea twice ; and that of david , god hath spoken once , yea twice have i heard this . those men that live upon their mumpsimus and sumpsimus , their masses and service-books , their dead and carnal worship , no marvel if they be strangers to god , and the works of god , and to spiritual dispensations . and because they say and believe thus , must we do so too ? we in this land have been otherwise instructed , even by the word , and works , and spirit of god . to say that men bring forth these things , when god doth them , judg you if god will bear this . i wish that every sober heart , though he hath had temptations upon him of deserting this cause of god , yet may take heed how he provokes , and falls into the hands of the living god by such blasphemies as these , according to the th of the hebrews , if we sin wilfully after that we have received the knowledge of the truth , there remains no more sacrifice for sin ( it was spoken to the jews , that having professed christ apostatized from him ) what then ? nothing but a fearful falting into the hands of the living god . they that shall attribute to this or that person the contrivances and production of those mighty things god hath wrought in the midst of us , and that they have not been the revolutions of christ himself , upon whose shoulders the government is laid , they speak against god , and they fall under his hand without a mediator , that is , if we deny the spirit of jesus christ the glory of all his works in the world , by which he rules kingdoms , and doth administer , and is the rod of his strength , we provoke the mediator ; and he may say , i 'll leave you to god , i 'll not intercede for you , let him tear you to pieces , i 'll leave thee to fall into gods hands , thou deniest me my soveraignty and power committed to me , i 'll not intercede nor mediate for thee , thou fallest into the hands of the living god . therefore whatsoever you may judge men for , and say , this man is cunning , and politick , and subtil ; take heed , again i say , how you judge of his revolutions , as the products of mens inventions . i may be thought to press too much upon this theme , but pray god it may stick upon your hearts and mine ; the worldly minded man knows nothing of this , but is a stranger to it , and because of this his atheism and murmurings at instruments , yea repining at god himself ; and no wonder , considering the lord hath done such things amongst us as have not been known in the world these years , and yet not withstanding is not owned by us . there is another necessity which you have put upon us , and we have not sought ; i appeal to god , angels , and men , if i shall raise money according to the article in the government which had power to call you hether , and did , and instead of seasonable providing for the armie , you have labored to overthrow the government , and the army is now upon free-quarter , and you would never so much as let me hear a tittle from you concerning it , where is the fault ? has it not been as if you had had a purpose to put this extremity upon us and the nation ? i hope this was not in your minds , i am not willing to judge so ; but this is the state unto which we are reduced : by the designs of some in the army who are now in custody , it was designed to get as many of them as could , through discontent for want of money , the army being in a barren countrey , near thirty weeks behind in pay , and upon other specious pretences , to march for england out of scotland , and in discontent to seiz , their general there , a faithful and honest man , that so another might head the army , and all this opportunity taken from your delays , whether will this be a thing of feigned necessity ? what could it signifie but that the army are in discontent already , and wee 'l make them live upon stones , wee 'l make them cast off their governours and discipline ? what can be said to this ? i list not to unsaddle my self , and put the fault upon others backs ; whether it hath been for the good of england whilest men have been talking of this thing or the other , and pretending liberty , and a many good words whether it hath been as it should have been ? i am confident you cannot think it has , the nation will not think so . and if the worst should be made of things , i know not what the cornish men , or the lincolnshire men may think , or other counties , but i believe they will all think they are not safe . a temporary suspension of caring for the greatest liberties and priviledges ( if it were so , which is denied ) would not have been of that damage , that the not providing against free quarter hath run the nation upon . and if it be my liberty to walk abroad in the fields , or to take a iourney , yet it is not my wisdom to do so when my house is on fire . i have troubled you with a long speech , and i believe it may not have the same resentment with all that it hath with some : but because that is unknown to me , i shall leave it to god , and conclude with that , that i think my self bound in my duty to god and the people of these nations , to their safety and good in every respect . i think it my duty to tell you , that it is not for the profit of these nations , nor for common and publick good , for you to continue here any longer , and therefore , i do declare unto you , that i do dissolve this parliament . the resolve of the citie this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the resolve of the citie l'estrange, roger, sir, - , attributed name. sheet ([ ] p.) s.n., [london : ] sometimes attributed to sir roger l'estrange. protesting against the terms of "the agrement [sic] of the general council of officers of the armies of england, scotland, and ireland". imprint from wing. dated at end: december . annotation on thomason copy: "xber [i.e., december]. . ". reproduction of the original in the british library. eng england and wales. -- army. -- council -- the agreement of the general council of officers of the armies of england, scotland, and ireland -- early works to . london (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the resolve of the citie. [l'estrange, roger, sir] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the resolve of the citie . ovr respects to peace , and order , are too notorious to be questioned , since by the meer impressions of charity and obedience , we have thus long suspended the justice we owe to our selves , together with that vengeance , which the blood of our murthered companions requires at our hands . nor hath the power of these principles of publique tendernesse been lesse eminent , upon our judgements , than upon our passions ; for , we have as well believed , in contradiction to evidence of experiment , as we have suffered , in opposition to the very elements , and dictates of humanity . witnesse that execrable munday ( sacred to the eternal infamy of this city ) even then ; when we had that enemy at our mercy , toward whom , by the rights of nature , and of generosity , we were not bound to exercise any ; even then , i say , in the very heat , and course of an honest , and powerfull indignation , we returned quietly , to our houses , upon the first notice , that the authority of the city would have it so . but it is likewise true , that this assurance , was added to the message , viz. that the common council , was sensible of our grievances , and would duly consider them . since this , we find nothing done in pursuance of that promise ; but on the contrary , iniuries are multiplyed upon us ; and those of that day , serve but as arguments of encouragement to greater . some of us killed , others wounded , and lead in triumph naked through the strets : two or three hundred thousand persons looking on , to celebrate the conquest , and the shame . a citizens skull , is but a thing to try the temper of a souldiers sword upon ; give us but every man a red-coat for a cash keeper , and the work 's done . they 're come within a trifle on 't already ; and all this while , an order to be quiet , is all our patient masters would afford us . give us an order that may make us safe ( although we need not ask , what we can give our selves ) perswade these people to be gone , or bid us drive them out ; what law made pauls , and gresham colledge , garrisons ? if nothing else will do , wee 'l do 't our selves : we have engaged , and sworn the vindication of the city , and nothing can absolve us from the oath we have taken this must be done betimes too , 't will come too late else , to prevent , either the necessity of a tumult , or the greater mischief , of a supine , and credulous security . a parliament in january , will do us no more good , than a cordial will do him that was hanged last sessions . our sense at large , we delivered to the world , in a paper , entinuled , the final protest , and sense of the city : which is publique enough , notwithstanding the great design used to suppresse it , and the insolences of diverse persons , disaffected to the good of the city , toward those that sold them . to that we adhere , that protest of ours , produced another from the common council , of the th . current , to which something ought to be said , ( by the way , let the reader take notice of an error in the printing , and , for — not soon vote up the city , & e. read , soon vote up , &c. — ) the sum of that order is , but in effect , the iustification of the lord mayor , in the matter of prudence and integrity : we do not deny , but finding our selves abandoned to all sorts of outrages , by the cold proceedings of the court , in our behalf , we were transported to some bitter reflections : involving the present mayor , with his more criminal predecessor , ireton , in the imputation . we shall not more gladly find it a mistake , than readily confess it one , when we reap the effects of that care for the good of the city ; but so long as we are tyed up from all lawful defence , and the publique enemy at liberty to practise all unlawful violences upon us , we desire to be pardoned , if we suspend in the case . the cloze indeed is very noble , and worthy of the court , where they declare ; for the fundamental lawes , and the protestant religion , &c. — and in fine , to endeavour the convening of a free parliament , in order thereunto . but in contradiction to this resolve , the committee of officers have yesterday published a paper , entituled , the agreement , &c. — — fairly telling us , that we are to be governed by people of their chusing , & by a model of their framing , without any regard had to the practice , and reason of the antient laws , or to the interest , and liberty of every freeborn englishman . this vsurpation is to be considered in its due place ; at present it concerns us , to hinder them from making the slavery of the city , their first step towards the subjection of the nation . the seasonable care of this , we do humbly , and earnestly recommend to the court of common council ; our hopes are , that we are now fallen into better hands , and if our magistrates will but command us , they have an hundred thousand lives in readiness to engage for them . if wee should be so unhappy , as to be still delayed ; wee doe however wash our hands of the consequences : and so god direct and deliver us . december . by the king. a proclamation for removing the receipt of his majesties exchequer from westminster to nonsuch proclamations. - - . england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation for removing the receipt of his majesties exchequer from westminster to nonsuch proclamations. - - . england and wales. sovereign ( - : charles ii) charles ii, king of england, - . aut sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : . at end: given at our court at hampton-court, the six and twentieth day of july, . in the seventeenth year of our reign. god save the king. reproduction of the original in the guildhall library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- exchequer -- early works to . finance -- england -- early works to . great britain -- history -- charles ii, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for removing the receipt of his majesties exchequer from westminster to nonsuch . charles r. the kings most excellent majesty taking into his princely consideration the great and dangerous increase of the plague in and about the city of westminster , where his majesties receipt of exchequer hath been hitherto kept ; & willing , as much as is possible , to prevent the further danger which might ensue as well to his own officers , which are necessarily to attend the same receipt , as to other his loving subjects , who shall have occasion either for receipt or payment of moneys to repair thither ; hath therefore taken order for the present remove of the receipt of his said exchequer , together with the tally-office , and all things thereunto belonging , from thence to his majesties honour of nonsuch in the county of surrey : and hath thought fit by this his proclamation to publish , that the same shall be there opened on the fifteenth day of august next , to the end that all persons whom the same may concern , may take notice whither to repair upon all occasions , concerning the bringing in , or issuing out of his majesties treasure at the receipt of his exchequer . willing and requiring all sheriffs , bayliffs , collectors , and all other officers , accomptants , and persons whatsoever , who are to pay in any moneys into the said receipt of his majesties exchequer , or otherwise to attend the same , to keep their days and times at nonsuch aforesaid , and there to do , pay , and perform in all things , as they should , or ought to have done at westminster , if the said receipt of exchequer had continued there . and this to be done and observed until his majesty shall publish and delare his further pleasure to the contrary . given at our court at hampton-court , the six and twentieth day of july , . in the seventeenth year of our reign . god save the king. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . a declaration by the major general and council of officers in ireland, concerning their late actings there, and for the tryal of such officers and souldiers as finde themselves agrieved for being laid aside. england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing i thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration by the major general and council of officers in ireland, concerning their late actings there, and for the tryal of such officers and souldiers as finde themselves agrieved for being laid aside. england and wales. army. waller, hardress, sir, ?- ? sheet ([ ] p.) printed by william bladen, by special order ; and re-printed at london, by james cottrel, dublin : [london] : . [i.e., ] dated at end: dated the ninth of january, . signed: har. waller. [and others]. annotation on thomason copy: "jan: .". reproduction of the original in the british library. eng england and wales. -- army -- early works to . courts-martial and courts of inquiry -- ireland -- early works to . a r (thomason .f. [ ]). civilwar no a declaration by the major general and council of officers in ireland, concerning their late actings there, and for the tryal of such office england and wales. army. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration . by the major general and council of officers in ireland , concerning their late actings there , and for the tryal of such officers and souldiers as finde themselves agrieved for being laid aside . few men in this nation but have known , and few honest men but have lamented the strange proceedings of those lately in authority here , who by casting out of the army several eminent and faithful officers without so much as hearing them ; and filling up their rooms for the most part with factious spirits , principled against magistracy and ministry ; gave us but too much cause to believe , so ill a way led to a worse end . but not being able so much as to imagine , these courses were taken to bring about that horrid design which since we have had but too much reason to believe these injustices were some foundations of ; we esteem it our duty with patience to submit , because the parliament was sitting , to whose authority and justice these proceedings , as we were assured , were to be presented . but soon after we understood of those sinful and unparallel'd actings of a factious part of the army in england , who not only contrary to the laws of god and man , but even contrary to their own renewed and voluntary engagements , by force interrupted the sitting of the parliament ; and adding iniquity to iniquity , declared some of their laws to be null and void to all intents and purposes , a presumption and crime which never any but themselves durst be guilty of , and in which , as much as in them lay , they cut up , as it were by the very roots , all those precious rights , which with so much bloud and treasure had been so long and through mercy so successfully contended for ; whereby we too soon and too evidently sound , that the parliaments name and authority was but made use of , to eject such who they knew would be obedient thereunto : by which course having freed the army of such , they freed all others from the fear of the parliament by dissolving it , as much as in them lay , who had they still sate , they knew would punish their injustice , though they could not prevent it . how guilty herein those lately in authority in this nation , and others , have been , to omit the enumerating of many other particulars , may appear by their having been so far from declaring against , and opposing those ruinous actings , that they on the contrary not only secretly , but openly promoted and encouraged such who against an express act of parliament in that behalf , did own the l. general fleetwood for commander in chief of the armies in these three nations , and advanced , as much as in them lay , the elections and sending unto london , of two out of each regiment , to subvert the authority of parliament , and introduce a new government , which in name only should be civil , but in fact and power should be intirely military : nor yet contented with all this ( for guilt neither ever is , nor ever thinks it self secure ) orders were actually issued for securing and disarming all that were dissatisfied with such proceedings : whereby not only a slavery was entailed upon us , but even we were designedly deprived of all visible means of ever casting it off . being therefore invited by the highest call of duty and necessity , we resolved with the hazard of our lives and estates , to restore the authority of the parliament ; and to recover those rights which are of too much value to be tamely lost . the justice and necessity of this undertaking was so deeply imprinted on the hearts of many officers and souldiers of this army , that ( through the mercy of god ) without bloud , we may say , the snare is broken , and we are escaped : men must say , it is wonderful in our eyes ; and christians will say , it is the lords doing : it seeming to be a day of gods power , the people are so willing . the next care and duty after the recovery of this army for the parliament , was , to put it into such hands , as we had good cause to believe , by past and present actings , would preserve it for their service ; for the accomplishing whereof , we have been necessitated , to lay aside many officers , and placed others , qualified as abovesaid , in their room , till the parliaments pleasure were known . in the laying aside any officers , this rule hath been observed , an assurance that he had subscribed to the lord fleetwood's being commander in chief of the three armies ; contrary to an express act of parliament in that behalf ; or had assisted at , or promoted the election of two out of each regiment , to be sent to london , for the introduction of a new government , and consequently , the destruction of the parliaments authority : and though none have ben put by , that were not within one of these qualifications , yet all that came under them have not been displaced ; a difference being put between those that made the stream , and such who through inadvertancie did swim down in it , and since by their activeness for the parliament , have given good proof of their repentance for the fault . those that were guilty within the above-specified rules , were too many to admit them to a regular tryal by the rules of war , before the army was first put into faithful hands ; since to have made those judges of guilt , which were participants in it , might have rather proved a sure means to have the innocent condemned , then the nocent ; and to eject any , without prescribing a known way for their vindication , if they thought themselves injur'd , were not only to act an injustice in it self , but even that injustice which was so lately practiced here , and which we our selves ( with so much cause ) have declared against . to accord therefore this evil , it is hereby declared , that a court martial is establish'd at dublin , the head-quarters , for the hearing and determining the cases of all field-officers and captains , which shall think themselves injur'd by being laid aside : and for the same end , orders are issuing out for court-martials to be held in each county , for the inferior officers and private souldiers ; unto which respective places , such as are conscious of their not having acted against the parliament , our onely general , may apply themselves for redress , where they shall be judged according to the usual rules and discipline of war . provided that by or before the day of march . next after the publication hereof , they give in their names , and signifie their desires to be tryed accordingly ; and no officer who is put into the room of him that is to be tried , shall sit as judge upon that officer whose command he at present enjoys . those to be heard at dublin , are to give in their desire thereof to dr. ralph king , appointed judge-advocate ; those to be heard in the countrey , are to give in their desire to the chief officer respectively in each county . dated the ninth of january , . har. waller . broghill . cha. coote . w. gaulfield . theo. jones . j. king eliah green . hen. owen . ben. lucas . rich. lehunt . sol. cambie . samps . towgood . dan. lisle . john maunsel . h. langrish . j. campbel . j. gregory . theo. sandford . jo. harrison . jo. reding . simon garstin . boyl maunsel . h. clotworthy . r. sheils . a. barrington . dublin , printed by william bladen , by special order , and re-printed at london , by james cottrel . . tvvo proclamations by his excellency robert earl of essex .... essex, robert devereux, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) tvvo proclamations by his excellency robert earl of essex .... essex, robert devereux, earl of, - . p. printed for iohn frank ..., ... [london] : march , . concerns recruitment for the parliamentary army. reproduction of original in thomason collection, british library. eng england and wales. -- army -- recruiting, enlistment, etc. a r (wing e ). civilwar no tvvo proclamations by his excellency robert earl of essex; captain generall of all the forces raised, or to be raised for the defence of the essex, robert devereux, earl of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion tvvo proclamations by his excellency robert earl of essex ; captain generall of all the forces raised , or to be raised for the defence of the king and parliament , and kingdom . printed by the command of his excellencie . essex . march . . london , printed for iohn frank , and are to be sold at his shop next door to the kings head tavern in fleetstreet . robert earl of essex , captain generall of all the forces raised , or to be raised for the defence of the king and parliament , and kingdom . i do hereby require and command all colonells , captains , and all other officers of the severall regiments of horse , foot , and dragoons , or of the severall troops of horse , dragoones , or foot-companies in the armie under my command , that they , and every of them do within sixteen dayes after this proclamation shall be published by the provost-marshall generall of the army , recrute their severall regiments of horse or foot , and severall troops of horse and dragoons , and companies of foot to their first compleat number ( the troops of horse and dragoons having horses allotted unto them for their recrutes ) upon pain of cashiering . and i do hereby declare , that all such officers as shall so recrute their severall and respective regiments or companies of foot , shall have such reasonable allowance for the recruting of them , as is , or shall be agreed upon by the counsell of war in that behalfe . and i do likewise hereby require and command all the sayd colonells , captains , and other chief officers having any command of horse or foot , to give just account to the commissaries of the musters at the next muster of all such arms as are now remaining in their custody ; as also of all such other arms as shall be delivered for the recruting of the severall regiments , troops , or companies ; which sayd arms shal be from time to time accounted for by them , to the end that all such arms as shal be wanting upon the severall musters from time to time ( and shall not appear to be lost in actuall service ) shal be supplyed to the sayd regiments , troops or companies by the severall and respective officers belonging to them . given under my hand and seal at arms , this twenty fourth day of february , . robert robert earl of essex , captain generall of the army raised for the defence of his majesties person , the parliament and kingdom . to all whom it may concern : i do hereby strictly will , require , and command all officers and souldiers of horse or foot now under my command , that within two dayes after this proclamation shal be published by the provost marshall-generall of the army , they and every of them do repair to their severall quarters , there to abide , and to perform the duties of their severall places , and that they nor any of them do presume upon any pretence whatsoever , to depart from their severall quarters without especiall licence first to be by them and every of them obtained from my self , and that under the penalty of cashiering . and i do further require and command all the chief officers of the severall regiments of horse and foot , to certifie unto me from time to time the particular names of such severall officers and souldiers under them , who either neglect or wilfully contemne this command , commanding all officers and souldiers to be obedient hereunto , as they will avoyd the penalty of cashiering as aforesayd , and will answer the contrary at their uttermost perils . given under my hand and seale at arms , this twenty fourth day of february , . finis . to the army penington, isaac, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the army penington, isaac, - . sheet ([ ] p.) s.n., [london : ] signed at end: isaac penington, the younger. imprint from wing. an exhortation to humility. annotation on thomason copy: "xber. [i.e. december] . ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . soldiers -- religious life -- england -- early works to . a r (thomason .f. [ ]). civilwar no to the army. penington, isaac a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the army . friends , do ye not see how often ye have been betrayed ? the lord hath done great things for you , and by you , and put great opportunities into your hands ; but still they have been lost , his work fallen to the ground , and his name become a reproach over all the earth , through your means . o be abased before the lord , and lie very low , and consider how justly he may lay you aside from being his instruments , in that great and glorious work he hath to bring to pass . if ye desire to stand , look up to the lord to keep your spirits very low , and poor , and meek , and ready to hear . o wait to know what hath betrayed you hitherto ! for assuredly that lies in wait to betray you again : and if the lord mightily preserve you not from it , will make you forget him , and cause you to mind and seek your selves afresh , so soon as ever your fears are over . therefore in the day of your prosperity the lord watch over you , and keep you close to the stirrings and honest movings for publick good , that have sprung up in your hearts in the dayes of your adversity : and take heed , lest the subtilty in the wise fleshly-reasoning part deceive you . but fear the lord in your reasonings , and beg earnestly of him to keep the simplicity alive in you , that the fleshly wisdome get not mastery over it . for the evil counsellour is neer you , even in your own bosomes , and he lies lurking in plausible , & fair-seeming reasonings . therefore keep close to the simplicity , and let your reasonings be servants to it , and not masters over it . ah remember how often ye have started aside like a warping bow : become now at lengtht uprigh to the lord , carrying faithfully to the mark those his arrows , which he is shooting at the regions of babylon . this is from one who waits for what the lord will effect , and hopes at length to see an instrument in his hand , wherein his soul will delight . isaac penington , the younger . a letter concerning sir william whitlock's bill for the trials in cases of treason written oct. upon the request of a friend who is an honest member of the house of commons, and now committed to the press upon the solicitation of several who think it may be of publick use to let it come abroad before the next meeting of the parliament. h. n. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter concerning sir william whitlock's bill for the trials in cases of treason written oct. upon the request of a friend who is an honest member of the house of commons, and now committed to the press upon the solicitation of several who think it may be of publick use to let it come abroad before the next meeting of the parliament. h. n. p. s.n., [s.l. : ?] reproduction of original in huntington library. caption title. signed at end: h.n. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng whitlock, william, -- sir. england and wales. -- parliament. trials (treason) -- great britain. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter concerning sir william whitloc●● bill for trials in cases of treason , written oct. ●● upon the request of a friend who is an honest mem●●● of the house of commons ; and now committed to 〈◊〉 press upon the solicitation of several who think it 〈◊〉 be of publick vse to let it come abroad before 〈◊〉 next meeting of the parliament . sir , my speedy compliance with your commands in relation to sir william whitlock's bill , is a demonstration how entire a power you have over me : and that i may be more distinct and clear in the delivery of my thoughts , i shall briefly set them down under the following heads . . i shall consider the reasonableness and necessity of having such a bill . in the next place , i shall consider , whether this is a proper time to propose and insist upon it . and in the last place , i shall give some account of the benefits of such a bill . to enforce the reasonableness and necessity of having such a bill , i need only request you to look over the trials that have been in our latter reigns , wherein you will find that for want of such a bill some of the most excellent personages , and our greatest patriots , have bee● 〈◊〉 to death , and that many others 〈…〉 whereof were men harmless 〈…〉 have suffered wrongfully . w 〈…〉 〈…〉 not lament , what good engl 〈…〉 is not afflicted for the death 〈…〉 essex and rawleigh ? can an 〈…〉 that knows our laws think s●● 〈◊〉 vane was fairly dealt with 〈◊〉 plunket ought to have been 〈…〉 twice ? sidney executed up●● 〈…〉 litude of hands , and one w 〈…〉 sir thomas armstrong withou● 〈…〉 before the outlawry comp 〈…〉 coming in ? ashton upon presu 〈…〉 treason ? and anderton again●● 〈◊〉 plain sence of so many statutes . 〈◊〉 blood of these and many more c 〈…〉 vengeance , and admonish us to p●●vide against such extravagancies 〈…〉 after . colledge and cornish call a 〈…〉 for such a bill . had such 〈◊〉 〈…〉 been in force , could the great 〈…〉 russel have dyed for only 〈…〉 ng to prevent the wild attempts of others , and because sir thomas armstrong had viewed the guards ? but ●t is needless to set down the several instances in other reigns , when the trials under this afford but too pregnant reasons to conclude the judges very untoward counsel for the prisoner , and that jury-men may be byassed by piques and animosities , and also that well-meaning men of a jury ought to hear the law stated by such of the robe as are not in the pay of the crown ; not only because the bench too often prevaricates , but because the prisoners are often wearied out , as the great rawleigh was , with the clamourous harangues of the king's counsel , and so drop their defence , when their lungs ( which are not so well breathed as those of pleaders ) fail them . another reason which may enforce the reasonableness and necessity of having such a bill is , because though our laws surpass the laws of all other countries in many other respects , yet in this they are very defective , insomuch that it is the opinion of such as have a greater insight into the laws of other governments ▪ and our own , than i will pretend to that there is not any one countrey where there are any legal trials at all , but the life of the subject is better guarded , the meth●d of trials in capital cases more equal than in ours ; and whoever will look over the manner of trials here , during the saxon times , will find we are in some great fundamentals degenerated from our ancient liberties . i will only add upon this first head an account of the method of capital trials , as it is amongst our neighbours of scotland , who , though since they have been made , as it were , a province to our crown , have in many essential parts of it , undergone very great violations of their constitution , have nevertheless herein preserved what may afford us matter of instruction ; and therefore let me in a few words give you their forms of trying such criminals . the prisoner is to receive his indictment with sound of trumpet fifteen days before the day of his trial , all persons then have access unto him , and at the same time he is to receive a l●st of his jury , and of the king's witnesses , with a warrant to subpoena all such persons to appear whom he shall think fit to call for , to prove his good behaviour , and his objections against the jury or the king's witnesses . upon application from the prisoner , the privy council gives order to such lawyers as are named in his petition to appear as counsel for him , with assurance unto them , that they shall never be called in question for any thing they shall urge in defence of their client . when the prisoner comes to his trial , every word that is spoken by the king's attorney general to enforce the indictment against the prisoner , and every word spoken by the prisoner's counsel for him , is written down by the clerks of the court , and entered upon record , together with his indictment , to furnish ground of process afterwards against the judges , if upon trial it be found that they have judged unjustly ; and the retaliation is carried so far in scotland , that if upon ●he review of those proceedings it is found ( after the he●t of the prosecution is over ) that the judge was byassed by interest ▪ malice or any other passion ▪ to direct a jury wrong and give a wrong sentence ▪ then the judge , if alive , sh●ll also be executed ▪ but if the judge is dead ▪ the h●irs of the executed persons shall rec●ver from he heirs of the deceased judge whatever damage their fortune sustained upon that illegal s●ntence . before the king's witnesses ▪ are exmined the prisoner's witnesses are called and examined upon oath , both as to the prisoner's good fame , and the truth of his defences ; as also whether they knew that any of the king's witnesses have been dealt with to depone against the prisoner , or have ever threatned him any mischief , or are of bad fame , either of which incapacitates them from being witnesses against the prisoner : nay , after the prisoner has had all his probation against the king's witnesses , he may demand , that such as have not been cast by his evidence should purg● themselves upon oath , before the● give their testimony , that they bea● the prisoner no malice , that they n●ver threatned him any mischief , an● that they have been never dealt wit● to depone against him . the members of the jury are liable to the sam● legal incapacities , and they may be proved against them by witnesses , o● their own oath . the judges are not allowed to spea● to the jury before they withdraw . if any message be sent to the jury , a●ter they are withdrawn , from the judges ; attorney general , or an● person concerned in the government the prisoner is acquitted upon his proving it . the jury is never returne● to amend their verdict . there mus● be two positive deponing witnesse● to each matter of fact alledged agains● the prisoner . i have said all that i will to the reasonableness and necessity of it ; and now let us in the next place consider , whether this is a proper time to propose and insist upon such a bill . the first consideration which i shall urge , might have been brough● as a reason for the absolute necessity of having such a bill , which consideration is this . the p. of orange in his declaration assigned the abuses in capital trials as one of the reasons o● his coming over ; and what the p. of orange then declared , he would see amended before he laid down his arms , is not k. william engaged in honour and interest , are not all that design to support this government bound to promote and agree to ? and consequently , is it not the indispensable duty of all that wish well to their majesties , with all speed to insist upon proper bills for that purpose ? how certain soever it is , that the only jus divinum of our monarchs , and all other monarchs too , is derived from the voice of the people , that hereditary right is one of sir robert filmer's dreams , or at most but a monkish fable , that election is the most authentick title , and that the commissions of kings are de beneplacito : i say , however true and certain all these notions are , yet they will return to their old bondage , will again fall in love with passive obedience , and think they have done wrong to king james , if the prince of oran●e's promises are not kept , and our constitution bettered by the change. and whereas some , otherwise judicious and worthy men ▪ would have this bill take effe●t , and got it voted in the house that it should take effe●t , at the end of this war , and not till then , in my humble opinion they were much in the wrong ; for it l●oks as if the wh●gs thems●lves designed this revolution only to g●t more ●●●er into their own hands , and to make use of that power too , to revenge themselves upon their enemies . i love some men that were concern'd in that clause too well to aggravate this matter , or to recite the reasons some of them gave for voting for it . revenge ▪ is a very ill reason for any vote in parliament ; and if any honest man has been persuaded to oppose this bill , or consent to that vote , that they might the better secure this government , i beg leave to inform such mistaken persons , that all governments are better secured by letting ▪ twenty guilty escape , than by the illegal condemnation of any one man. the blood of the martyr is the seed of civil as well as religious opinions ; and therefore perhaps through lenity a throne is most effectually established , even where men are , according to the strictest rules of justice and equity , at the mercy of the government ; but whether that be so or no , i am sure that where the law is not plain , an execution is a defeat to those that sit at the h●lm . moreover , that the opposition that those who have , or would have persions , whether in the house of lords or commons , have given to sir william whitlock's bill has not in the least preserved our present establishment , is plain to all that reflect how few there has been proof against , though this bill was baffl●d by such ar●ifices as little became our reformation , our preten●es to reformation . this bill would have been so far from weakning , that it would have strengthned our government ; for one good bill gains the king that gives it many friends , and such friends as are so by principles of liberty ; and who therefore are the fastest friends to an elective crown . had the king had , as some wish , opportunities , by the help of the presidents of latter reigns , and those stretches of prerogative which we ought to condemn in this , to sacrifice some of those who have been too busy for k. james , there are not any of that sort of men who have not amongst us friends and kindred , who would have been angry at the disputed legality of the death of their relations and friends . it is not for want of blood , but because we have not obtained good laws , and amongst the rest this , that our government is so low : it is because the whiggs have not kept to , and asserted their own principles , and because k. william has fallen into the hands of tories , and such whiggs as he has made tories , that all our affairs are in this condition . illegal trials and arbitrary notions are strange recipe's for a government that is it self founded upon a declaration against them . it is full time to vindicate the sincerity of the p. of orange's declaration in this particular ; and therefore this is a proper time to promote and insist upon such a bill . but i will not dwell upon this , i will proceed to another consideration . either k. william is a good prince , or a bad one . if a good one , 't is in the reigns of such we must get laws against such as are bad ; and no man can tell how long will be the reigns of the best of princes . if he is not so affectionate to our liberties as we could wish , and did expect him , then we have great reason to endeavour the getting of this law , to guard us against even his own male administrations . and this is the time to gain this law , because he will give us any law upon condition we will provide for his journey to flanders . indeed our best princes have always sold us for our money the best commodities , good laws : but even the worst of princes must give the people good laws , whilst the house of commons keeps the pu●s● , and the crown stands in need of our supplies . but further , how can our representatives answer it to their constituents , if they part with such vast sums , and don 't obtain for them a law , that for so long time ▪ almost the whole nation has thought necessary , for which twelve years agoe we would almost have ▪ given half our limbs , and half our fortunes ? this is the time to promote this bill , because some will be for it now who never were for a good bill before . wise men should make use of the inclinations and interests of all men if the whiggs were true to their own former professions this bill might be now carried almost nemine contradicente , more unanimously than most bills were ever carried ▪ methinks men should not care for what reasons other men come into that sence which is for the good of their countrey , but should make use of all factions and parties to serve it . the apostle paul rejoiced that christ was preached , though for by-ends , and we should rejoyce that our honest notions are propagated , let what will be the designs of those that set them on foot , or go in with them . but farther , if we lose this opportunity , it is not impossible but we may lose it forever . if we lay hold on this opportunity , though the ministers we have , and their ill management , should lose us our government , this would questi●nless be one of those laws which the first parliament under king james will desire him to ratify and confirm , and at which he expresly hints to in his last declaration , so that we ought to ask it not only for the safety of this government , but to preserve us in the next , if that should happen . nay , if the jacobites saw we persued our own principles now , and would not hurt our constitution to hurt them , all amongst that sett of men who have sence and generosity , would rather pity what they thought our mistakes , than join in our destruction hereafter : so that if we cannot make the tories wise at present , upon a revolution we may be fairly heard by the jacobites , and may come even to some accommodation in the principles of government ; but if we shew that we have no principles , men will never be persuaded by inveterate enemies , and such as have appeared to be only designing knaves , as soon as power was in their hands . my last thought brings me under a great temptation to expostulate with some of the whiggs , upon other matters whereby they have reproached their character , nor would it perhaps be an unseasonable digression ; but i resolved at first to confine my self ●o a letter of so small a compass as should not weary ▪ out your p●tie●ce , and therefore will only add a few notes concerning the ben●fits of this bill . it is beneficial both to the crown and subject . any man , that can reason upon what he reads , may infer from what i have already said , that it is beneficial to both ; but to make it yet more plain , this bill will in all likelihood very much prevent the shedding of innocent blood , for which nations , generally speaking , as well as particular persons reckon even in this world. impartial trials augment the natural riches of a countrey , which all men of great sence and souls know are the numbers of the inhabitants . such impartiality not only augments the numbers by preserving those individuals that would otherwise be unjusty destroyed , but the greater security the lives of subjects are in , the surer is that government to be crowded with inhabitants from abroad ; and crowds of people make industry necessary for sustentation , and from industry an abundance of trade and wealth does naturally flow , as may be seen by comparing ireland with the united provinces . again , such a law gives an exceeding reputation to a government . the subjects of other princes , though they should not be able to transport themselves and their fortunes hither , will all consent to proclaim our constitution happy , and acknowledge that our kings are under a glorious and happy necessity of not being imposed upon by the malice of ministers , and the corruption of judges , to take away wrongfully the lives of their subjects . this law will very much contribute to the safety of the prince ; for , after so fair a trial , if a man is found guilty , and executed according to the sentence , his relations and friends may grieve , but cannot murmur ▪ before i conclude upon this head , of the benefits that the crown will receive from such a law , i cannot f●rbear ad●ressing my self to king william , and humbly , tho' earnestly , conjuring him to become as vigorous a sollicitor for this b●ll as his enemies say he has been against it . and here i must set before him the glory of our noble edward the third , who has obtained as immortal praises by his good laws as his victorious arms , and who did leave his name particularly great and memorable , by that law in the th year of his reign , wherein he fenced the su●ject from the dubious and divers opinions of what amounted to treason , and made a declaration what offences were to be judged treasons , either high or petit , which law is so often referred to in acts of parliament that have been made since his time , and has made his name dear and valuable to all honest and worthy minds , from his down to our times : tho' mercenary and corrupt judges have so much interpreted away that act , that we stand in great need of a new law to explain and confirm that wise and excellent statute . i wish king william would give us such a law , and give us likewise this bill of sir william whitlock's , that we might be the better for that law. such care , such condescentions , such provisions for our lives and our liberties , our good names and our fortunes would transmit the remembrance of king william the third to all future generations , as our benefactor , our deliverer , as one of the best of princes and the common father of our countrey . my lord chief justice treby , when attorney general , at a conference with the lords , asserted , that there was nothing in this bill but what was originally amongst our rights . we will not stand upon it as such . we are willing to take this law as a grant from the crown , and not as our due . we would not be put to demand it as a right , but would leave the honour and reputation of doing so acceptable a thing to him with whom we have shewn but little inclination to quarrel . however , i must take the boldness to say , that the temper and backwardness we have shewn , whilst his tory parasites have provoked us , should engage him , or nothing will engage him , to gratify us with so necessary a bill as this for regulating of trials in cases of high ▪ treason . this bill is necessary and beneficial for the subject ; if guarding an innocent man's life and honour , the liberty of his person , and all that he or his ancestors have got , deserves to be called , in this case , the end of society , the rise of legislation , and the design of government ; if men are not willing to admit of as many tyrants as there are judges ; if they are not willing to be bawl'd and hunted out of their lives ; if they are not unwilling to be prepared against false accusations , by a knowledge of what will be laid to their charge ; if they do not think it unfit to have other counsel , besides those who are almost in every trial the eagerest in the prosecution of the prisoner ; if they would not have a matter of that importance as treason is established with less than the mouths of two winesses ; if they are not weary of the true intent of being tryed by the vicinage ; if they do not think it necessary for the support of the government , that a man should always suspect himself in danger of dying by the hand of the hangman ; if it is not unreasonable , that the compurgators of a man's reputation should give weight to their words by the sanction of an oath : in a word , if it is not expedient , that a man's life and all that he has , his posterity and all that they may have from him , should be precarious and doubtful , in the power of flattering sycophants and malicious informers , at the mercy of chol-rick and corrupted judges , and submitted to the consciences of pack'd juries ; then this law is expedient , this law is useful , this law is beneficial and necessary for the subject . thus you see , in obedience to you i have scribbled down some few hints concerning the necessity of such a bill . the reasonableness of proposing and insisting upon it at this time. together with an account of its benefits . i am , with all imaginable friendship and respect , yours h. n. a letter of a gentleman to his friend, shewing that the bishops are not to be judges in parliament in cases capital holles, denzil holles, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter of a gentleman to his friend, shewing that the bishops are not to be judges in parliament in cases capital holles, denzil holles, baron, - . [ ], p. s.n.], [london? : . attributed to denzil hollis holles. cf. blc. page is torn in filmed copy. pages -end photographed from cambridge university library copy and inserted at end. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords. church of england -- bishops -- temporal power. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter of a gentleman to his friend , shewing that the bishops are not to be judges in parliament in cases capital . printed in the year , . sir , since you desire that i would let you know my opinion whether or no the bishops may be present and vote judicially in capital cases which come to be judged in parliament , either in giving the judgment itself , or in resolving and determining of any circumstance preparatory and leading to that judgment , i must tell you that this is now become vexata quaestio : the two houses of parliament having therein been of different opinions , the house of peers declaring , that the lords spiritual have a right to stay and sit in court , till the court proceeds to the vote of guilty or not guilty , and the house of commons on the other side insisting , that they ought not to have any vote in the proceedings upon the impeached lords . and this difference between the houses having been the unhappy occasion of proroguing the parliament , may seem to lay an obligation upon every good english man , ( if to me your satisfaction were not in the case ) as to wish and pray heartily , that these differences may be well composed , that no more remora's may be to obstruct the proceedings of parliament , but that the two houses may joyn with his majesty to settle this distracted kingdom , and agree upon , then apply , all necessary remedies ( and strong ones they must be ) for the prevention of those mischiefs , which the enemies of the protestant religion and of this government had been long contriving and plotting against us , and were now well nigh the atchieving and putting in execution , if god of his infinite mercy had not looked upon us , as this i say ought to be every mans wish and prayer , so it cannot but incite every man to satisfie himself and others , where the right is , and what he ought to have in his wishes : for that right may prevail , is the natural wish of every good man , but good men many times differ in their apprehensions what is right . therefore it deserves a strict inquiry into the practice of the parliaments of former times in such matters , and well to consider upon what ground the prelates were prohibited having votes there in cases of blood : for that is the question now before us , what was done heretofore , and what is now to be done in parliament , that is to say in their judicial way upon tryals , not in their legislative capacity passing acts of attainder , in which i know that bishops have born a part , but that is not now the question . nor do i meddle with the general question , how far forth clergy-men in orders are forbidden having any thing to do with secular matters : nor what in that particular the imperial law requires , as that rescript of the emperours honorius and theodosius , which enacts , that clergy-men shall have no communion with publick functions , or things appertaining to the court ; or the decree of iustinian , that bishops should not take upon them so much as the oversight of an orphan , nor the proving of wills , saying it was a filthy thing crept in among them , which appertained to the master of his revenue : nor what our common law of england seems to allow or disallow , having provided a special writ in the register upon occasion of a master of an hospital , being it seems a clergy-man , and chosen an officer in a mannor to which that hospital did belong , saying it was contra legem & consuetudinem regni , & non consonum , it was contrary to the law and custom of the kingdom , and not agreeable to reason , that he who had cure of souls , and should spend his time in prayer and church-duties should be made to attend upon secular employments . i meddle not neither with what seems to be the divine law , as having been the practice of the apostles , and by them declared to be grounded upon reason , and to be but what in reason ought to be , which was this , that they should not leave the word of god and serve tables , though that was a church-office : and yet they say , it is not reason we should do that , for their work was the ministry of the word and prayer , much less then were they to be employed in secular affairs . none of this i say is my business , my task is only to inquire , what the law of parliament is in this particular , and what is so , is the law of the land. and my method shall be , to run through all the parliaments that are upon the rolls in the tower , and take notice of all the tryals there recorded , as well in cases capital as in those that were not so , and shew the difference in the parliamentary proceedings upon them , how the bishops and prelates did commonly joyn with the temporal lords in judging such as were not capital ( and not yet always so , when the crimes were of a bigger magnitude ) but never but once when the accusation was for a capital crime , which was in the duke of suffolks case , . h. . when the whole proceeding was so irregular and unparliamentary , as it is to be wondered at , but certainly never to be followed , it is like the bird in the poet , rara avis in terris , nigroque simillima cygno , as shall be shewed more particularly , when i take it up in its order , as it is mentioned upon the rolls . and so i come to my narrative . . e. . roger mortimer earl of march , sir simon bereford , and others were accused and tryed in parliament : and the roll of that parliament is so defaced , as it cannot be read ; but . e. . roger of wigmore cosin and heir of that earl of march desires that attainder may be examined ; and by the whole proceedings there repeated , it appears , none of the prelates were present , the words are dont le dit sr. le roi vous charge countes , barons , les piers de son roialme , que de si come cestes choses touchent principalement , a lui a vous & a tout le people de son roialme que vous faciez au dit roger droit & loial iuggement come affiert a un tiel daver . therefore our said lord the king charges you , who are earls , barons the peers of the realm , that as these things chiefly concern him and you and all the people of the kingdom , so you give upon the said roger a right and legal iudgment , as it belongs to such a one to have : then follows les queux countes , barons & piers les articles par eux examinez revindrent , &c. which earls , barons and peers , having examined the articles returned , &c. and gave the judgment , which was , that they should suffer death : the bishops cannot be understood to be comprized here under the general name of peers , since the barons are first in rank , and besides they cannot pretend to be peers of the realm . . e. . the parliament was declared to be called for the redress of the breach of the laws and of the peace of the kingdom . et pur ce que a vis feust a les ditz prelatz quil ne attenoit pas proprement a eux de conseiler du garde de la pees , ne de chastiement des tielx malueis , si alexent mesmes les prelatz , &c. and because the prelates were of opinion that it belonged not properly to them to give counsel about keeping the peace nor punishing such evils , they went away by themselves , and they returned no more . et les ditz countes , barones & autres grantz per eux mesmes . and the said earls , barons and other great ones went by themselves , and these return , and by the mouth of the lord beaumont declare their opinions , what was to be done , commissioners to be appointed in every county of the best men ( des plus grantz ) they to be gardeins de mesme le comte , guardians or conservators of the county . these commissions afterwards brought into parliament , were read and approved by nostre sr. le roi , les countes , barons , & autres grantz , our lord the king , the earls , barons , and other great ones , no bishops , so much as to hear the commissions read , because they were to enquire into all crimes , as well capital as other , the prelates must have no hand in it . in the same parliament sir iohn grey and sir will de la zouch had quarrelled in the kings presence , sir iohn had mis mein au cotel laid his hand upon his sword , they had been imprisoned , and the business brought into parliament , le roi chargea de par la bouche le dit mr. geffrey le scrope toutzles countes , barons & autre grantz en les foies & ligeances queulx ils devoient au roi de lui conseiller ce quil devoit faire de si grand excesse fait en sa presance . the king by the mouth of sir geffrey scrope charged all the earls , barons , and other great ones in their faith and allegiance , which they ow him , to give him counsel , what he ought to do upon such an exorbitancy committed in his presence ; they go and consider of it , acquit zouch , judge grey to prison : here were no bishops neither , to judge so much as of a battery . . e. . the proceedings and judgment of death against sir will. de thorp chief justice , for bribery , were brought into parliament , which the king caused to be read overtement devaut les grantz de parlement pur saver ent lour avys , & examine sur ceo chescun aprez autre si sembla a eux toutz , &c. to be read openly before the grantz , the great men , of parliament to have their advice upon it , and being all asked one after another , it seemed to them all , that they were very just , et sur ceo il fut accorde par les grantz de mesme le parlement , que si nul autre tiel cas aveigne que nostre sr. le roi preigne lui des grantz que lui plairra , pur per lour bon a vis faire ceo que pleise a sa roiale seignurie , vpon this it was agreed by those grantz , those great men , of the parliament , that if any such other case should happen , our lord the king might take any one of those grantz those great men , whom he should please , to do by their good advice what he should think good . it cannot be understood any bishops were here under the name of grantz , and to be of the number of those whom the king should take to assist and advise him in such other judgments of death for the time to come , if occasion were , which could be no employment for bishops , being to give judgments of death . . e. . sir iohn de lee steward of the kings house charged with several misdemeanors , the record saith , et apres manger vindrent les prelats , dues , countes , barons , & ascuns des cōes & illoeques feust fait venir mr. iohn de lee , &c. and after they had eaten , the prelats , dukes , earls , barons and some of the commons came , and sir john de lee was fetcht thither , &c. the business was there heard , and he was sent to prison . here the prelats were present , for the crime was not capital . . e. . several persons are accused even by the commons for misdemeanors , and the bishops present at their trials and judgments , as richard lyons , who had been farmer of the customs ; the lord latimer , who was the kings chamberlain , for oppression in several places in britain and in england , he was by the bishops and lords adjudged to be imprisoned , and put to fine and ransom ; and then the commons desired , he might lose all his offices , and no longer be of the kings council , which the king granted . ( yet after this , . e. . at the request of the commons themselves , he was restored to all , and declared innocent , which i take notice of by the way . ) at this parlament of . william ellis of yarmouth , as privy and accessary to the misdemeanors of lyons ; iohn peach of london , for getting a monopoly of sweet wines ; the lord iohn nevil , a privy counsellor , for buying some debts due by the king at easie prizes , to make advantage to himself : at all these trials the bishops were present , and no body says but they might . . r. . william de weston and iohn de gomenitz were tried for surrendring towns and castles in flanders to the kings enemies ; they had put in their answers , friday nov. . saturday they are brought to the parlament , and sir richard le scrope , steward of the kings house , a commandement de seigneurs avant-ditz , by the command of the lords aforesaid , told them , that the foresaid lords , ( and the record tells you who those lords were , ) cest assavoir , to wit , the duke of lancaster , the earls of cambridge , march , arundel , warwick , stafford , suffolk , salisbury and northumberland , and the lord nevil , lord clifford , & plusours autres seigneurs , barons & bannerettes esteants au dit parlement savoient assemblez & avisez , many other lords , barons and bannerets being in the said parliament had met and advised upon it , from the time they had put in their answers , and found they were not satisfactory ; and then gave sentence , saying , that those lords had adjudged them to death : first weston was called , and this said to him , and then gomenitz : here was none of the prelats named , and it cannot be imagined they should be under the general expression & autres seignieurs , barons & bannerettes , and other lords , barons and bannerets , after the naming of two barons , for if there had been bishops , they would have been named before them . observe likewise , that no bishops were present from the time that the prisoners answers came in , to have vote , and determine concerning any part of their answer , pardon or whatever they had pleaded . in the same parliament , and the very next thing upon the roll is the case of alice perrers , accused for breach of an ordinance made e. . against womens medling with state affairs , there the record saith , that she was , fait venir devant les prelats & les seignieurs du parlement pour y respondre , made to come before the prelats and the lords of the parliament to make answer ; and then follows , et sur ceo par commandement des prelats & seignieurs le dit mr. richard le scrope , rehercea l'ordonance , and then by the command of the prelates and lords , the said sir richard le scrope rehearsed the ordinance . and then she was heard to the particulars with which she was charged , and at last was adjudged to be banished , and forfeit her estate . observe in the trial of weston and gomenitz , that only those temporal lords there named , had met and considered of the answers put in by them , as preparatory for the trial and judgment , and no bishop present there : and here in the trial of alice perrers , which followed immediately after , it is particularly expressed , that they were present , and did vote and judge as far forth as the lords temporal . r. . the two merchants that had killed iohn imperial , a publick minister sent from genoa , an act of parliament passed to make it treason , the bishops had no vote in the passing of this act ; the record saith , fait a remembrer que cest darrein ait issint faite si fust fait par les iustices en presence du roy , & des seigneurs temporelz en ce parlement , memorandum , that this last act so made was drawn by the iudges in the presence of the king and the lords temporal in this parliament . they were not so much as present when the judges were in the preparing of it . r. . sir ralph de ferrers arrested by the duke of lancaster upon suspicion of treason , for holding intelligence with the french , brought into parliament , and there tried ; semblast as seigneurs du parlement que le dit mr. rauf estoit innocent : it seemed to the lords of the parliament that sir ralph was innocent . can any man think the bishops were there , and comprised under the general expression of les seigneurs du parlement ? when they were present , it is always particularly expressed , as in alice perrers case , r. . and all those questioned and punished for misdemeanors e. . the lord latimer and lyosn , &c. alice perrers was fait venir devant les prelats & seigneurs du parlement , was made to come before the prelates and lords of parliament ; they were judged by the bishops and lords , the record saith . r. . the bishop of norwich , who had undertaken an expedition into france and not performed the conditions , was charged with several miscarriages and misdemeanours in his employment , and one crime capital , which was betraying graveling to the french for franks in gold , of which yet he cleared himself : yet that being in for one of his charges , none of the bishops were present at his trial , but michael de la pool gave this judgment at the last , le roi nostre sr. a bien entendu ce que vous a vez dit , & ent a eu bone deliberation avec les srs. temporalz & semble au roi & as srs. temporalz avant-ditz , que vos responses ne sont rien a propos , parquoy del assent des countes , barons & autres srs. temporelz en cest parlement est assentuz & accordez que vous soiez en la merci le roy , & mis a fin & a raunceon , our lord the king hath well heard what you have said , and hath with his lords temporal well considered of it , and it seems to him , and to the lords temporal aforesaid , that your answers are nothing to the purpose , therefore by the consent of the earls , barons , and other lords temporal in this parlement , it is agreed that you shall be at the kings mercy , and put to fine and ransom . the chancellor likewise gave judgment in the same way that parliament on sir william de elmham , sir thomas trivet , and others for giving up holds and fortresses , and taking money for them . r. . michael de la pool lord chancellor was accused by the commons for several misdemeanors devant le roi , prelatz & seigneurs , before the king , prelates , and lords . here the prelates are judges of misdemeanors together with the other lords . . r. . the five lords appellants , the duke of gloucester , earls of derby , arundel , worcester , and earl marshal making their protestations , that what they attempted touching their appeals was for the honour of god , safety of the king , the realm , and their own lives , the archbishop of canterbury for himself and the whole clergy of his province entred a protestation , and the bishops of durham and carlisle did the like ; that they absented themselves from parliament , in regard such matters were to be there agitated , but with a salvo to their right : which some will have to be understood of a right to be present even when those matters were in agitation , and that it was only upon some prudential consideration that they did withdraw : but this could no ways be their meaning , but they protested their having a right to sit and vote in parliament upon all other occasions in the general , though upon that occasion they might not be present . the words of their protestation make it evident : nos willielmus cant. archi-episcopus pro nobis & suffraganeis coepiscopis , &c. protestamur quod intendimus & intendi volumus in hoc presenti parlemento & aliis interesse , consulere , tractare , statuere , & definire , &c. ac cetera exercere cum ceteris jus interessendi habentibus in omnibus in eisdem statu & ordine nostro semper salvis : uerum quia in presenti parliamento agitur de nonnullis materiis in quibus non licet nobis alicui eorum juxta sacrorum canonum instituta quomodolibet personaliter interesse , eo propter potestamur quod non intendimus nec volumus sicuti de iure non possumus nec debemus , dum de hujusmodi materiis agitur vel agetur quomodolibet interesse , sed nos penitus absentare , &c. we william archbishop of canterbury for our selves , our suffragans and fellow bishops protest , that we do intend , and will be thought so to do , to be present in this and other parliaments to consult , treat of , and determine , &c. and do other things together with others , who have right to be here , in all matters , our state and order always saved unto us entire in the same . but because in this parliament some matters will be agitated , at any one of which by the institutions of the holy canon law we cannot be personally present , we do therefore protest , that we intend not , nor will not , as by the law we ought not , nor can we in in any sort be present , whilst any of those matters are in debate , or coming into debate : but we will absent our selves altogether , &c. it is plain by the record , that what they will have to be salvum to them is their sitting and acting consulere , & tractare , & statuere , to consult , treat of , and determine in that and all other parliaments , when such matters are not in question : but for such matters they say , non licet alicui eorum personaliter interesse , and de jure non possumus nec debemus interesse ▪ it is not lawful to be present in person at any of them , and rightly we cannot , nor ought not to be present . can it then be thought they should lay claim to any right , to what they say non licet de jure non possumus nec debemus , it is not lawful , and by right we cannot , nor ought not ? and to say , their meaning was , that by the law of the land or custom of parliament they might , and that it was only the canon law which hindred them , can have little colour , for the canon law was to them above all laws , and what was forbidden by that law they could not have a thought , that it could in any sort be lawful for them to challenge , as their right , upon any account . it is further observable here , that they profess quod de jure non possumus nec debemus , dum de hujusmodi materiis agitur vel agetur quomodolibet interesse , that is , all the time that such matters are in agitation ; there is no exception of preliminaries , and preparatories , and of being present and having vote during all the debate , till the pronouncing of sentence , for it is dum de hujusmodi materiis agitur vel agetur , the whole time from the beginning to the ending , and when such businesses are to come on , that is , when they are going upon them , and when they begin . and then consider the close of this record , quelle protestation leve en plein parlement , al instance & priere du dit ercevesque & les autres prelatz susditz , est enrolle , ycy en rolle du parlement per commandement du roy , & assent des seigneurs temporelz & comunes , which protestation being read in full parliament , at the instant desire of the archbishop and other the prelates aforesaid , is entred upon the parliament roll , by the kings command , with the assent of the lords temporal and commons . which is all the formality of passing laws in parliament , that was used in those times , which was only to have it entred in the roll or journal book , that such a thing was agreed upon by the king and the two houses , then it was drawn into the form of a law afterwards by the justices and kings council , when the parliament was risen . so as whatever was the law before , if it were only the canon law , it is now come to be the law and rule of parliament , and the law of the land ; but in truth it was so before , and was always so . . r. . thomas haxey clerk had preferred a bill in the house of commons for regulating the outragious expences of the kings house , particularly of bishops and ladies , de la multitude d' evesques & lour meignee & aussi de plusours dames & lour meignee qui demeurnt en l hostel du roy , & sont a ses coustages , of the many bishops , and their company , and also of many ladies and their company , that live in the kings house , and at his charge . the king being exceedingly moved at this , some bishops and lords were sent to the commons to let them know it , and to enquire who had made that complaint ; the commons delivered the bill , and his name who had exhibited it . haxey was for this tried and adjudged a traitor , and condemned to death for it . which judgment by the way was most unjust , and would not only have shaken , but wholly destroyed the very foundation of parliament , deterring all men from representing there , and seeking redress of any grievance publick or private , had it continued in force and unquestioned , but . h. . it was complained of as erroneous and encontre droit , & la course qui avoit este devant en parlementz , against right , and the course of parliaments ; and therefore nostre sr. le roi del a viz , & assent de toutz les srs. spirituelx & temporelx ad ordeignez & adjuggez , que le dit iuggement soit du tout cassez , reversez , repellez , adnullez & tenuz de nul force n'effect , our lord the king by the advice and consent of all the lords spiritual and temporal hath ordained and adjudged that the said iudgment be wholly quashed , reversed , repealed , made null , and held to be of no force nor effect . so this judgment is damned with bell , book and candle ( one may say ) and at this the lords spiritual were present , and had vote , but not at the trial and condemnation of haxey , as appears by the record , which saith , fait a remembrer que mosquerdi aprez la chandelure maintenant aprez le iugement rendu devers thomas haxey clere●que fust ajuggez eu parlement a la mort come traitour vindrent devant le roy en parlement ovek grand humilite l' ercevesque de cantirbirs & toutz les autres preiatz ▪ & luy prierent de sa grace avoir pitie & merci du dit thomas & de remitter l' execution , memorandum , that the wednesday after candlemas day immediately after that iudgment was given upon thomas haxey clerk , who was in parliament judged to die as a traitor , the archbishop of canterbury and all the other prelates came with great humility before the king in the parliament , and besought his grace to have pity and compassion on the said thomas , and to remit his execution , which the king granted . so we see , that after the judgment given in parliament , the bishops immediately came into the parliament , to beg for his pardon , which shews they were not there before . . r. . the commons impeached thomas arundel archbishop of canterbury of high treason , and desired he should be put into safe custody ; it was answered , that because it touched si haut personne , so high a person , the king would be advised . afterwards they come and pray that judgment may be given according to their impeachment and accusation of him , sur quoy nostre dit sr. le roy , & toutz le srs. temporelz , & mr. thomas le percy eiant poair sufficient de les prelatz & clergie du roialme d' engleterre come piert de record en le dit parlement adjuggerent & declarerent cest article conuz per le dit ercevesque pur traison , & le dit ercevesque pur traitour , & sur ce est agarde quil soit banni & ses temporaltees seisis en main le roy , whereupon our said lord the king , and all the temporal lords , and sir thomas le percy being sufficiently empowered from the prelates and clergy of the kingdom of england as appears upon record in parliament , judged and declared this article acknowledged by the said archbishop to be treason , and the said archbishop to be a traitor , and thereupon awarded him to be banished and his temporalties to be seised into the kings hands : here the bishops were not present in person , but sir thomas le percy , as their procurator and proctor authorised by them , may be said to represent them ; and so he did , but yet it shews that the bishops as bishops and clergy men could not be there in their persons , and that rather than they should be there present such an unusual thing should be admitted , as that one layman , who else was no peer nor had place in the house of peers to vote there , should be chosen by them , to have all their proxies put together and united in him ; to be disposed of by him as he should think good . for it was never done , but in this one parliament , there never was in no parliament before or after such a procuratorship or proxy given . and in this parliament of . r. . it was thrice done , first here to sir thomas percy , then the parliament being adjourned to shrewsbury , it was there given , it seems by vote only , to william le scrope earl of wilts , for the words are sur ce les ditz prelatz & clergie nomerent & ordenerent en parlement per bouche william le scrope conte de wilts , commettant & donant a luy pleine poair aussi avant & en manere come feust comys a mr. thomas le percy per devant , hereupon the said prelates and clergy named and appointed in parliament by word of mouth william le scrope earl of wilts , and gave him the same power , as full and in the same manner , as before had been granted unto sir thomas le percy . now , percy had it by commission enrolled ; which happily was to make it more authentick , because he was but a commoner . the third time it was done , was in the business between the two dukes of hereford and norfolk , when by this parliament sitting then at shrewsbury , that whole matter was referred to the king , to be by him determined by the advice of certain lords and commoners there named , and to them were joyned the earls of worcester and wilts procurators for the clergy . this i must say argues a great unanimity in the voting of the prelates , which it seems hath ever been , but i must say it was most unparliamentary , never practiced , but in that one parliament of the . r. . which whole parliament is repealed , and all it did nulled , and made void by act of parliament . h. . so as it cannot be urged as a precedent to infer any thing upon it , nor can it make any thing to prove a right in the bishops of being personally present in matters of that nature , but rather in my opinion strongly the contrary : and one thing more would be observed , which is , that it seems by the record , that the whole clergy of england joyned in making this proctor , and not only the prelates , who were members of the house of peers , which seems very strange . but more than all this , whatever was done this parliament signifies nothing , the whole parliament stands repealed by . h. . and all done in it declared null and void . . h. . the commons had desired that sir william rikhill , ( who had been a judge in the common pleas , and had been sent by r. . to calais to take the confession of the duke of glocester , who soon after was there murthered ) might be put to answer upon what account he did it : he was under arrest for it ; and was brought into parliament before the king and the two houses , the lords spiritual and temporal , and the commons then assembled together : the whole matter was examined , the conclusion was , saith the record , sur ceo chascun sr temporel esteant en plein parlement examine severalment sur la response du dit william , dit quil avoit fait loyalnent & quil ny avoit en luy aucun coupe , hereupon every lord temporal being in full parliament severally asked concerning the answer of the said william , said he had carried himself loyally , and that he had committed no fault . there was no charge , no impeachment against him , so the bishops might be , and were present at his examination , as the commons also were , but they must have no hand in giving any judgment upon it , because it might have been a preparatory to an accusation and an impeachment , if he had not given so good satisfaction , as it seems he did in the account he gave of his employment . that parliament iohn hall a servant of the duke of norfolk's , who had helped to murther the duke of glocester at calais was tried before the king and the lords temporal : the record saith , il sembla au roy & a toutz les srs. temporels quil avoit deservi davoir si dure mort come la ley luy pourroit donner , et sur ceo toutz les srs. temporelz per assent du roy adjuggerent quil seroit treinez del tower-hill jusques a les fourkes de tyburn , &c. it seemed to the king and to all the temporal lords that he deserved as cruel a death as the law could inflict : and hereupon all the temporal lords with the assent of the king gave iudgment that he should be drawn from tower-hill to the gallows at tyburn , &c. there to be hanged , &c. h . the first writ de haeretico comburendo was agreed upon only by the lords temporal , it was in the case of william santre , ( our st. stephen , the protomartyr of england , ) the record is , item cest mesquerdy un brief fust fait as meir & uiscountz de londres per advis des srs. temporelx en parlement de faire execution de william sautre , item this wednesday a writ was framed , by the advice of the lords temporal in parliament , directed to the mayor and sheriffs of london for the execution of william sautre . i doubt not but the bishops and clergy of those times were the chief promoters of this , though not appearing to be actors in it : which yet would not have been a direct condemnation of him , as his judges , nor any thing to be determined by them tending to his conviction , but only an advice given to the king to make it his act under the broad seal to order his execution ; yet they then were not to have a hand even in a matter of this nature . the same parliament the earls of kent , huntington , and salisbury , the lord le despencer , and sir ralph lumley , who for levying war against the king had been taken and executed , were by the lords temporal declared and adjudged traitors , and their estates to be forfeited , the names of the lords that made this declaration , and gave this judgment are there set down , the prince of wales the first , and the lord le scroope the last , five and twenty in all ; not a bishop amongst them , so much as to declare and judge it a treason , though the persons who had committed it were dead before : so as it seems they must not have a hand neither in the antecedent , what is preliminary and preparatory to the death of a man , nor in the consequent , what is to be done after , so far from being the judges to try or condemn him . . h. . the earl of northumberland had petitioned the king for his pardon for having , contrary to his allegiance , gathered forces , and given liveries : the king gave this petition to the judges , to have their opinion of it ; the lords protested against it , and said , that the judgment belonged to them , and retained the business , et puis leve & entendue la petition les srs. come piers du parlement , a queux tielz iugement . apperteinnent de droit , adjuggerent , que ceo que fust fait per le conte nestoit pas trahison mes trespas tant seulement . sur quoy le dit conte molt humblement remercia le roy & les ditz srs. ses piers de lour droiturel iugement . and then the petition being read and understood , the lords as peers of parliament , to whom such iudgments do of right appertain , did give their iudgment , that what the earl had done , was no treason , but only a trespass , whereupon the said earl did most humbly thank the king and the said lords his peers for their righteous iudgment . now the bishops could not be said to be his peers , which shews they were not there . h. . a judgment was given much like to that in the h. . the king commanded the lords temporal to deliver their advice concerning the earl of northumberland and the lord bardolph , who had been killed at bramham more in yorkshire by the sheriff of the county , who therewith the posse comitatus encountred them in the field ; there were proceedings against them in the court of chivalry after their deaths , upon certain articles of treason there exhibited against them . these articles were brought into parliament , upon reading of which those lords temporal adjudged their crime to be treason . h. . the commons , baillerent une petition , delivered a petition , directed al honorable prince le duc de bedford gardein d' engleterre , & as tres sages srs. de cest present parlement , to the honourable prince the duke of bedford gardian of england , and to the most wise lords of this present parliament , that sir iohn oldcastle might be brought before them , who was indicted and outlawed in the kings bench for treason , and excommunicated by the archbishop of canterbury for heresie ; and that due execution might be done upon him according to their discretion by authority of parliament . pur quoy agarde est per les srs. avant ditz del assent de le dit gardein & a la priere susdit , que le dit john come traitor au roy & a son royalme so it amesnez a la tour de londres & dilloeques soit treinez parmi la cite de londres as novelles fourches en la paroche de st. giles & illoeques soit penduz & ars pendant , wherefore it is adjudged by the lords aforesaid , with the assent of the said gardian upon the foresaid request , that the said john , as a traitor to the king and his realm , be carried to the tower of london , and thence drawn through the city of london to the new gallows in st. giles parish , and there to be hanged , and burnt hanging . the question is now , if it shall be understood , that under the general expression of les srs. de cest present parlement the bishops were comprized ; and so to have been parties in this judgment , and i conceive not , first , because i observe that generally throughout all the records and journals of parliament almost in all transactions , but especially and constantly i find it so in matters of judicature , where they were present , it is always mentioned and expressed so , at that the lords spiritual and temporal , or that the prelats , and earls , and barons did so and so , as it was in the cases before mention ed of sir iohn lee , richard lyons , the lord latimer , and the rest , accused of misdemeanours ; and my other reason is , that in this particular case of sir iohn oldcastle i find the clergy had done their parts with him before , declaring him an heretick , and turning him over to the secular power , as the words of the excommunication run , where after having expressed a great tenderness of the desperate condition of his soul , and much bewailed his obdurateness , they do condemn him for a heretick , relinquentes eum ex nunc tanquam hereticum iudicio seculari , leaving him from thence forward as an heretick to the secular iudgment . so certainly those good men , i mean those popish bishops , would have no more to do with him as to his farther execution , that the world might see they were not men of bloud . . h. . sir iohn mortimer had been committed to the tower upon suspicion of treason against henry the fifth , and made an escape out of prison , being taken again he was indicted of treason at guild-hall : the indictment by the kings command was returned into chancery , then brought into parliament by the bishop of durham lord chancellour , and by him , coram humfrido duce gloucestriae ( who in the kings absence was commissionated to call and hold that parliament ) ac aliis dominis temporalibus in eodem parliamento tune existentibus fuit liberatum , was delivered to humfry duke of glocester , and other the lords temporal being then in parliament to be by them affirmed , as it was , and sir iohn mortimer then brought before them , and adjudged by them to be drawn , hanged , and quartered : et super hoc viso & plenius intellecto indictamento per dictum ducem de avisamento dictorum dominorum temporalium , ac ad requisitionem totius communitatis in presenti parliamento existentium auctoritate istius parliamenti ordinatum est & statutum , &c. quod ipse usque ad turrim ducatur , &c. and hereupon the said indictment being seen and well understood , it was by the said duke , by the advice of the said lords temporal , at the prayer of the whole commonalty in this present parliament , and by the authority thereof ordered and decreed , &c. that he should be led to the tower , and from thence drawn to tyburn , and there executed . we see here the bishops did not offer to advise so much as concerning the indictment , if it should be admitted of and received by the parliament , though a bishop , being lord chancellor was by vertue of his office to bring it out of the chancery , and present it to the house , as he did , and there left it . h. . is the sole single president of bishops being present , and not only so , but acting and bearing a principal part in a judicial proceeding in parliament in a case that was in it self capital , though strangely shuffled off , and justice wholly eluded . ianuary . william de la pole duke of suffolk preferred a petition to the king , complaining how he was defamed , as if he were other than a true man to the king and the realm , and desiring that any man would say wherein , that he might give his answer thereunto . munday . the commons sent some of their fellows to the chancellour , who was archbishop of york and a cardinal , praying him , that whereas the duke of suffolk had that same day in his own declaration confessed , that there was a very heavy rumour and noise of infamy upon him , he would let the king know it , that he might be committed to ward after the course of law in eschewing of inconveniencies that may sue thereupon hereafter ( they are the words of the record . ) the next day tuesday , the chancellour acquainted the king and the lords with it , and asked the lords what should be done upon the commons request . the judges were asked what the law was in this matter ; the chief justice answered for the rest , that in these general terms of slander and infamy many things may be understood which deserve not imprisonment , but he desired more time to consider of it with his fellows : the lords staid not for their return , but all of them from the lowest to the highest were of one opinioa , that he should not be committed to ward till the specialty of the matter were declared . wednesday the . the chancellour and other lords were sent down by the kings commandment to the house of commons , and the speaker declared unto them , that seeing special matter was required , they had daily information from several parts of england , that the realm was sold to the kings adversary of france by the duke of suffolk , and that he had fortified wallingford castle to be a place of refuge unto them , and this the commons do think is special matter of suspicion of treason laid to his charge , for which he ought to be committed , and therefore it was the desire of the commons that he might be so , upon which desire he was sent to the tower. the seventh of february the chancellour again and several lords both spiritual and temporal were by the kings command sent again to the house of commons , and the speaker william tresham gave them a bill containing several articles of high treason against the said duke , which bill he in their names desired , ut in presenti parliamento inactitaretur , to be inrolled in parliament , and the duke upon it to be proceeded against . the twelfth of february this bill was read in the house of lords , and it was thought fit by all the lords , that the justices should have a copy of it , and report their advice what should be done , but the king would have it respited , till he was otherwise advised . the seventh of march next following it was thought fit by the most part of the lords , that the duke should then come to his answer . the ninth of march the lords were again sent down to the commons at their request , and another bill was delivered to them containing certain articles of misprisions and horrible offences committed by the duke , which they desired might be enacted in this high court of parliament , ( so is the expression ) and he to be proceeded against . the same day the duke of suffolk was brought from the tower , by vertue of the kings writ , into the presence of the king and the lords spiritual and temporal in the parliament chamber , both the bills of the articles were read unto him , of which he desired copies ; which was granted : and to be nearer at hand to give in his answer , and come to his trial , the king by the advice of the lords committed him to the ward of three persons , esquires , to be kept in a tower within the kings palace of westminster . the thirteenth of march he was sent for to come before the king and the lords spiritual and temporal , to answer to his charge , which he did , denying all of treason laid unto him , and excusing the rest . the fourteenth the chief justice rehearsed to the lords by the kings commandment , what had passed the day before , and asked them what advice they would give , which they put off till munday the sixteenth , and that day nothing was done . then tuesday the seventeenth the king sent for all the lords spiritual and temporal , who were in town , into his innest chamber with a gabel window over a cloyster within the palace of westminster : the lords are all named , viz. the two archbishops , the duke of buckingham , thirteen bishops , six earls , two viscounts , two abbots , the prior of st. iohn , and nineteen barons , who being assembled , the king sent for the duke of suffolk , who came , and was upon his knees all the time the chancellour spake unto him , who by the kings commandment remembred what passed at his trial , and particularly , that he had not then put himself upon his peerage , and asked him now what he had more to say . the duke said , that , not departing from his answers and declarations , he did wholly submit himself to the kings rule and governance to do with him as he list . whereupon the chancellour ( who , as i said before , was archbishop of york , and a cardinal ) by the kings commandment said unto him , sir , i conceive that you ▪ not departing from your answers and declarations in the matters aforesaid , not putting you upon your peerage submit you wholly to the kings rule and governance , wherefore the king commandeth me to say to you , that as touching the great and horrible things in the first bill comprised , the king boldeth you neither declared nor changed ; and as touching the second bill touching misprisions , which be not criminal , the king by force of your submission , by his own advice , and not reporting him to the advice of his lords , nor by way of iudgment , for he is not in place of iudgment , putteth you to his rule and governance , that is to say , that you before the first of may shall absent your self out of the realm of england unto the end of five years , but you may abide in the realm of france , or in any other lordships or places being under his obeissance , and you shall not bear malice to any man for any thing done to you in this parliamont . and forthwith the viscount beaument on the behalf of the said lords spiritual and temporal , and by their advice , assent , and desire , recited , said , and declared to the kings highness . that this that was so decreed and done by his excellency concerning the person of the said duke , proceeded not by their advice and counsel , but was done by the kings own demeanance and rule , therefore they besought the king that this their saying might be enacted in the parliament roll , for their more declaration hereafter , with this pretestation that it should not be , nor turn in prejudice nor derogation of them , their heirs , ne of their successors in time coming , but that they may have and enjoy their liberties and freedom as largely as ever their ancestors or predecessors had and enjoyed before this time . i have been the more large in this account , which i have given of this trial , marking out every step of the proceedings in it , that whosoever reads it may see how irregular and extravagant it was from the beginning to the end , from the commons first desiring that the duke of suffolk should be committed upon so sleight a ground as his complaining in the house of lords , that he was ill spoken of , and defamed , to the close of all , the judgment given by the king by the mouth of the chancellour for his banishment , in regard he had not put himself upon his peerage , which yet the chancellour said the king did not do as his judge , for that he was not in the place of judgment . and it was an odd thing and unusual , that some prelates and some lords should be sent down to the house of commons to receive the articles of this impeachment . all this was such a hodge-podge of a trial , as no man can tell what to make of it , nor can it be of any signification to be a president and a rule of proceeding in matters of that nature in parliament . but admit it had been never so regular , it is but one single president of bishops and prelates acting in a judicial capacity in a capital cause in parliament , against multitudes excluding them ; it was once so , and never but once : and can that be thought sufficient to alter and change the constant course and practice of parliaments , which hath been otherwise ? had it been questioned then , and upon a debate and mature consideration , been so resolved at that time , this had signified something : but it was done and no exception taken , which they call a passing sub silentio , and more , it was never done but once . but sir edward coke goes further , and saith , that two or three presidents are nothing , if forty be contrary , and it is so here ; he tells you too , when it is that they signifie nothing ; that is , quand les presidents passe sans challenge del partie ou debate des iustices , when they be not challenged by the party concerned , or not considered of , and debated by the iudges , as neither of them was here done , it is in slades case in the . reports . it is a rule in law , a facto ad jus non valet argumentum , but it may withal be said , and truly , a saepe facto ad jus contra semel factum valet argumentum . upon the whole matter , one may boldly affirm , that this president of h. . is no ground for the bishops to build their claim upon , of having a right to sit and vote in parliament in capital causes . h. . is the earl of devonshire's case , the record runs thus . be hit remembred that where the . day of march the said year of this present parliament , thomas earl of devonshire upon an indictment of high treason , by him supposed to be done against the kings honourable estate and person , afore humfrey duke of bucks , steward of england for that time assigned , and of the same treason by his peers the noble lords of this royaume of england being in this said present parliament , was acquitted of all things contained in the same indictment . now i suppose no man will say , that the bishops were either his peers , or lords of the realm . h. . the lord stanley was accused by the commons for being in confederacy with the duke of york , and they desire he may be committed to prison ; the answer is , the king will be advised ; which is all was done : and this is the last president of any impeachment , or of any person questioned in parliament in a judicial way , that is upon the rolls in the tower. and i do not remember that i have read or heard of any trial in parliament in a judicial way since that time till the e. of straffords in our memory , whose trial was compleated in that way , but he was attainted and condemned by the legislative power ; during all the trial , from the beginning to the end , the bishops were never present at any part of it : and it yet appears upon the journal book of the house of peers , though many passages be razed , but this is not , that upon the . of march . upon a report brought in by the lord privy seal of something concerning that business , and a debate arising upon it , the bishops withdrew , it being in agitatione cause sanguinis . it is true , there was in that same parliament the february before an impeachment of high treason brought up from the house of commons against the lord keeper finch , but it never came to trial , for he fairly ran away , and got beyond sea , whereupon by the order of the lords temporal , a proclamation was issued forth for him to appear the . of march following : the words of the proclamation are , rex , uice-comiti , &c. cum communitas regni nostri anglie in presenti parliament . iohannem dominum finch de fordich nuper custodem magni sigilli anglie de alta proditione accusaverit & impetierit , cumque per dominos temporales in eodem parliamento de assensu & advisamento nostris ordinatum existit , quod proclamatio per totum regnum nostrum anglie publice fiat , qd . idem iohannes dominus finch in propria persona sua compareat , & se reddat coram nobis & prefatis dominis , decimo die martii proxime futuro ad respondendum & standum recto coram nobis & prefatis dominis ex hoc parte : nos volentes &c. the king to the sheriff , &c. whereas our commons of this our kingdom of england have in this parliament accused and impeached john lord finch of fordich , late lord keeper of the great seal of england , of high treason , and whereas the lords temporal have in the same parliament with our consent and advice ordered a proclamation to be published throughout our whole kingdom of england , that john lord finch do personally appear and yield up himself to us and the foresaid lords , upon the . of march next following , to answer for his treason , and stand to the iudgment of us , and the foresaid lords in that behalf ; we willing that the order have its due effect , do command and strictly enjoyn you , that upon the receipt of these presents , you do in all cities , market towns , and such other places within your bayliwick , as to you shall seem expedient , cause in our name to be publickly proclaimed , that john lord finch do appear in person and render himself before us , and the foresaid lords in this present parliament , upon the . of march aforesaid , to answer for the treason aforesaid , and stand to the iudgment of us and the foresaid lords in that behalf , according to the tenor of the foresaid order . this was the proclamation , ordered to be made onely by the temporal lords , and no bishops present , yet was it no part of the trial , but meerly a course taken to have him in court , that he might be tried . but because it looked towards a trial , the bishops must have no hand in it . and it is further observable in this president , that the kings learned counsel was ordered to draw up this proclamation according to the antient parliamentary way , which shews that it was the ancient parliamentary way , that only the lords temporal should be interested in such proceedings , and have the ordering of them , and not at all the bishops . and i can give you an ancient president out of the placita parliamentaria in the of ed. . nicolas de segrave being with the king in an expedition into scotland , had a quarrel with iohn de crumbwell , left the kings army , and went to fight with crumbwell in france : he was for this by the kings command at his return summoned to appear in parliament , which he did , uenit in pleno parliamento in presentia ipsius domini regis , archiepiscopi cantuariensis & plurimorum episcoporum , comitum , baronum & aliorum de consilio domini regis tunc ibidem existentium , he came into the parliament before the king , the archbishop of canterbury , and many other bishops , earls , barons , and others of the kings counsel there present . the business is opened before them by nicolas de warwick , who charged him with leaving the king amongst his enemies , and doing what in him lay to expose him unto their power ; whether the bishops continued in parliament to hear this , appears not by the record , but it appears clearly , that they were not to meddle in it , not so much as to advise upon it , for it follows , et super hoc dominus rex volens habere avisiamentum comitum ▪ baronum , magnatum & aliorum de consilio suo , injunxit eisdem in homagio , fidelitate & ligiancia quibus ei tenentur , quod ipsum fideliter consulerent qualis poena , pro tali facto sic cognito fuerit infligenda . qui omnes habito super hoc diligenti tractatu & avisiamento consideratis & intellectis omnibus in dicto facto contentis , & per predictum nicolaum plene & expresse cognitis dicunt , quod hujusmodi meretur penam amissionis vite , the king willing to have the advice of the earls , barons , and other great men of his counsel , injoyned them upon the homage , fidelity , and allegeance which they owe him , to give him faithful counsel , what punishment was to be inflicted upon such a crime so confessed , who all upon a serious debate and advising upon the matter , and well weighing all the particulars of it , and what was by the said nicolas expresly acknowledged , do say , that such a man deserved to lose his life , but the king pardoned him afterwards . still you see bishops are not so much as advised withal in a case of life and death . this we see hath been the usage in parliament all along , since the journals and records can give us any light of what was there done . and out of history i can go further , and cite you an ancienter president than all these : in edward the confessors time , who in a parliament convened in london , as brompton relates it in his chronicle , col. . upon earl godwin's appearing there , who was said to have formerly murthered alfred the kings brother , presently cried out , proditor godwine ego te appello de morte alfredi fratis mei , quem proditionaliter occidisti , cui godwinus se excusando respondit , domine mi rex salva reverentia & gratia vestra , pace & dominatione , fratrem vestrum nunquam prodidi nec occidi , unde super hoc pono me in consideratione curie vestre . tunc dixit rex , carissimi domini comites & barones terre qui estis homines mei legii hic congregati , & appellum meum responsumque godwini audistis , volo quod inter nos rectum judicium decernatis , & debitam justiciam faciatis , comitibus vero & baronibus super hoc ad invicem tractantibus , &c. thou traitor godwin , i do accuse thee of the death of my brother alfred , whom thou didst treacherously kill ; whom godwin answered , excusing himself , my king , with reverence to your grace , and to your government , and with your good leave i have not used treachery to your brother , nor have i killed him , and of this i refer my self to the iudgment of your court. then the king said , dear lords , earls , and barons of the land , who are my liege people here assembled , you have heard my appeal , and godwins answer , i will have you to decree righteous iudgment betwixt us , and to do that iustice which ought to be done . and the earls and barons debating this among themselves , some were of one opinion , some of another , and at last they agreed to offer the king a great sum of money , and to beseech him that he would take off his displeasure from earl godwin , and pardon him . the historian adds , quorum considerationi rex contradicere nolens , quicquid judicaverant per omnia ratificavit , whose opinion the king not willing to contradict , agreed to , and ratified all that they had done : here we see it was only ad comites & barones that he appealed , and they were only to judge of it , and no bishops nor prelates . but some i hear alledge a president in h. . of archbishop becket , who was at a great council solemne consilium at northampton accused of treason , and other misdemeanors , where bishops were his judges , as well as temporal lords . this they fetch out of mr. seldens titles of honour , who cites for it a manuscript made by a monk , called stephanides , or fitz-stephen , and there it is said , that the archbishop was accused lese majestatis regie corone , quia est a rege citatus in causa johannis neque venerat , neque idonee se excusasset , accused of treason because being summoned by the king in the cause of one john le mareschal , and he neither came himself , nor sent a sufficient excuse , and that for it he was sentenced to forfeit all his movables , and that the lords and the bishops could not agree upon pronouncing the judgment , they putting it off from one to the other , and that at last the king commanded the bishop of winchester to do it : this is what that manuscript saith . but none of the ancient historians of those times say any thing of his being accused of treason . and which makes it the more unlikely , is , that it was soon after that solemn ratification of the constitutions of clarendon , which all both bishops and lords , had sworn to observe for ever , declaring them then to be the law of the land , and to be consuetudines & libertates antecessorum suorum , the customs and priviledges of their ancestors , ( which makes me say , it was rather a declaring what was the law before , than making a new law ; though what was then done , was sufficient to make it a law , if it had not been so before : ) and one of these constitutions was , that the prelates of the church should not interesse judiciis curie regis , be present at the iudgments given in the kings courts , when loss of members or life was in question . this great council or parliament was in february at clarendon , and the other at northampton was in october following ; so it is not likely they should so soon forget , and do contrary to what they had bound themselves to so lately by a solemn oath publickly in open parliament : and i think one may modestly affirm , that it was a mistake in the writer of that manuscript to say , that the archbishop was then charged with treason : gervasius dorobernensis saith , he was charged with two things ; one , not doing justice in his ecclesiastical court to one iohn , ( who was iohn the mareschal , that complained of the archbishops detaining some land from him ; ) the other , that being sent for by the king upon occasion of mareschals complaint , he came not : the first he excused , laying the fault upon mareschal himself for abusing the court , bringing veterum cantuum codicillum , and old song-book , to swear upon , and refusing to swear super evangelium , ut moris est , upon the evangelists , as the custom is , whereby he said he did curiam suam infamare , defame his court. the other he answered , proving by two sufficient witnesses , per duos legales viros , that it was sickness hindred him , and not any contempt . this is the account which gervasius gives , and saith not a word of any treason ; neither doth matthew paris , nor roger hoveden , who both of them give a relation of that proceeding at northampton against the archbishop . and to say the truth , it would be a strange high treason , only not to come being sent for by the king , though there had been no sickness in the case , at most it could have been but a high contempt , and punishable by fine and imprisonment , or the like ; and probable it is , that fitz-stephen , who was a creature of the archbishops , might represent it so , only to draw more odium upon the king for his severity against the bishop , even to an injustice , when in truth there was no such thing . however we may look upon it , as but a weak president for the bishops to lay any weight upon to prove their right to sit , and vote , and judge in a capital cause , causa sanguinis , being at the best but out of a blind manuscript of an author justly suspected of great partiality , against the tenour of all the ancient writers that give an account of the same business . but we must go a step further to clear this matter in question , for it seems some of the bishops do say , that though they will have no part in the condemnation and pronouncing judgment upon a criminal person , as to loss of life or member , yet they may and will vote and judge in such things as are but preliminary and preparatory to that condemnation , and yet think they have no hand in bloud , though they have a hand in doing that , which will infallibly cause the taking away of of a mans life , and shedding of his blood , so they would divide two things which in truth have so near a relation and dependency the one upon the other , as they are only separated by a little time coming between ; one thing to be done first , and that being done , the other must necessarily follow , and be done presently after : and they doing the former , may be well said to do the latter ; and if any law prohibit them from having to do with the latter , the same law doth and must prohibit them medling with the former . it is a rule in logick , causa causae est causa causati . if the judgments of the bishops determine one thing , which is the necessary cause of any other thing , their judgment may be said , and really it doth determine the other thing . as take for example the particular case upon which this question hath been moved , the earl of danbyes pardon , of the validity or invalidity whereof they will be judges : it is hoped they will be just judges , and incline neither way , but according to the merits of the cause before them , so what their judgment will be till they have heard all , themselves cannot tell . now , if by their judgment the pardon be determined to be invalid and illegal , and that carry with it a conviction of the crime of which he stands impeached ( as some will have it to do , saying , that the taking of a pardon implies a guilt , and is in law a confession of the crime pardoned ) and so his condemnation must necessarily follow even for treason , the impeachment being so , doth not their judgment subject him to that condemnation ? how then can they say , we will have no part in condemning him ? is not this something like the frier in chaucer , that would have , of a capon the liver , of a pig the head , yet would that nothing for him should be dead : so they forsooth will take upon them to judge his pardon to be no pardon , which brings on infallibly his condemnation , and yet say with that frier , god forbid he should die for us , that we should have any hand in his bloud : but certainly this will not pass for currant either in foro iudicii , or foro conscientiae , to excuse them from being actors in his condemnation . to evade this , some say the bishops may be present , and hear what will be said pro and con concerning this pardon , and those only shall deliver their opinions and judgments of it , who are satisfied of the validity and legality of it , but those amongst them who are of another mind , shall withdraw and give no vote , and then it cannot be said that any of them have a hand in condemning him . but how this will sute with the office of a judge let any man judge , whose duty it is to condemn the guilty , as well as to acquit the innocent , and who ought to do the one or the other in every business that comes before him , as he finds ground for it upon hearing the allegations , and proofs : and besides , it is most unparliamentary , for in parliament all who are at the debate of a business , ought to give their vote to the question one way or other , according to their sense of it , and as they in their consciences think it just . but to break thorough all at once they will have it , that it is only by the canon law that this restraint is upon them , and that the forbearance of their predecessors being papists , and so subject to that law , was only in that respect ; which law being of no force at present , and taken away by act of parliament , they are now at liberty , though in modesty they think sit sometimes to withdraw , but have a right to continue sitting , if they please . to which in answer i shall say , that i will not deny but that the canon law might give the first rise , and a beginning to such an usage , and no law could be of greater force to introduce and establish such a thing , as being that to which only the clergy of those times would be subject , conceiving themselves to be above , and not bound by any other : but it is most clear , that it came afterwards to receive a civil sanction , and to have not only the stamp of the authority of parliament set upon it by the continual practice there , and we know that consuetudo parliamenti est lex parliamenti , the custom of parliament is the law of parliament : but that two several times there have been particular and express confirmations , and ratifications of it in parliament , which makes it a statute law of the land , as much as any other can be , which we have in our printed statute books . the first time was at a great council , which was then their parliament , at clarendon about the of h. . where were made that which they call the constitutions of clarendon , which were not new things then first made , but a recapitulation of some things that had been in use and practice in former times . matthew paris and gervasius dorobornensis recite them at large , other ancient historians more succinctly : there were of them sixteen in number : matthew paris gives the best account of them , and of the whole proceeding in that affair . he tells you , how the archbishops , bishops , abbots , priors , earls , barons , and other great ones aliis proceribus being present , facta est recognitio , sive recordatio partis consuetudinum & libertatum antecessorum suorum , a recapitulation or a rehearsal was made of the liberties and customs of their ancestors in the time of h. . and of other kings ; so it was not a new law , and but then enacted , but it was indeed a declaration of what was the law before , yet then more solemnly enjoyned , in regno observari & ab omnibus teneri , to be in the kingdom observed and kept by all men : and this in regard of differences oft times arising between the kings justices and the clergy , propter dissensiones & discordias saepe emergentes inter clerum , & iusticiarios domini regis , that popish clergy being still apt enough to encroach upon the civil power , which made it the more necessary to revive and re-establish the old law and custom of the kingdom . sixteen articles were then agreed upon , one of which , the eleventh , runs thus , archiepiscopi , episcopi , & universe persone regni , qui de rege tenent in capite habeant possessiones suas de rege , sicut baroniam , & inde respondeant iusticiariis & ministris regis , & sequantur , & faciant omnes consuetudines regias . et sicut ceteri barones , debent interesse iudiciis curie regis , quousque perveniatur ad diminutionem membrorum vel ad mortem ; the archbishops , bishops , and all the dignified clergy of the land , that hold of the king in capite , shall hold their possessions from the king , as a barony , and answer for their estates unto the kings iustices and ministers , and shall observe and obey all the kings laws . and together with the other barons they are to be present at all iudgments in the kings courts , till it come to require either loss of member or life . and this article as well as the rest they are sworn to observe . see how the author expresseth it , hanc recognitionem sive recordationem de consuetudinibus & libertatibus iniquis archiepiscopi , episcopi , abbates , priores , & clerus cum comitibus , baronibus , & proceribus , cunctis juraverunt , & firmiter in verbo veritatis promiserunt viva voce tenendas & observandas domino regi & heredibus suis , bona fide , & absque malo ingenio in perpetuum , this recognition or recordation of these wicked customs and liberties did the archbishops , bishops , abbots , priors , and the whole clergy , together with the earls , barons , and all the great men swear to , and firmly promise upon the word of truth , by word of mouth , that they should be kept and observed to the king and his heirs in true faith without any evil meaning for ever . now , can there be a more solemn establishing , and a stronger confirmation of any law to have it inviolably observed and obeyed by the whole nation that this we find here ? where besides the authority of the parliament , ( for these great councils were the parliaments of those times ) there is an oath , which is the greatest obligation that mankind is capable of , making even god a party to it , to see it obeyed , and punish the transgressors . and from whom have we the testimony of these transactions to assure us of the matter of fact ? from matthew paris a monk , one that would not be partial for the lords temporal in relating matters to give them more power in judicature , and less to the lords spiritual , than of right belonged to each , and looking upon this exclusion of the prelats from the power of judging in such cases , to be some diminution of their omnipotency , which they were so ambitious of , he therefore ranks it amongst the consuetudines iniquas the wicked customs of the former times . so we have here testimonium irrefragabile an irrefragable and invincible testimony , upon which we may build our faith , and have a certain assurance that there was really such an usage in ancient times , and that it was then in that . year of h. . again ratified and confirmed , since these monks have so recorded it , and transmitted it to posterity . the second time time that this received a confirmation in parliament was the of r. . which i mentioned before , when the arch-bishop of canterbury and the other bishops upon their withdrawing then from the parliament in regard matters of bloud were to be there agitated , and determined , in quibus non licet alicui eorum personaliter interesse , as they say , in which it was not lawful for any of them to be present in person , did therefore enter a protestation with a salvo to their right of sitting and voting in that and all other parliaments , when such matters were not in question : which protestation of theirs was at their desire enrolled in full parliament ( as the record saith ) par commandment du roy , & assent des seigneurs temporelz & communes , by the kings command with the assent of the lords temporal and commons . so indeed it was here a perfect and compleat act of parliament , and if it had not been a law be-before , would than have been made one . but it was a law before , and this needed not , to make it more a law than it was before ; yet certainly what was here done must be of some signification , and add some weight , that it may be said at least , that it seems to enforce some greater compliance with it , and to heighten the offence of such as will not conform to it . and by the way , let me desire to be well understood what i mean by saying , this would make it a law if it was not one before , i do not mean the protestation would be a law , for a protestation modo & forma cannot be a law , but the subject matter of it was then enacted ; which did consist of two particulars , the one , that the prelates had a right and a priviledge to sit and vote in parliament in all other businesses ; the other , that they had no right , nor was it lawful for them to be present in parliament when such businesses were in question : which one would think they might look upon as a right and priviledge , to be exempt from being obliged to attend in such cases , cases of bloud : as the lords temporal , who are peers of the realm , challenge it to be their right and priviledge not to be returned in juries upon the trial of commoners . though , to speak the truth , i doubt those prelates did not much desire this priviledge , but the salvo to their right of sitting in all parliaments to have been what they aimed at most in their protestation , and which they would have to be enrolled , but the one could not be without the other ; and upon no terms would they admit the least scruple should be of their right to sit in parliament , which their withdrawing at that time might seem else to call in some question as they thought , and therefore they would make that protestation ; for that popish clergy was very ambitious , and loved to have the rule over all persons and things ; we see it by matthew paris how he branded those constitutions of clarendon with terming them consuetudines iniquas , and the archbishop becket himself after he had sworn to them , repented him of it , and enjoyned a severe penance to himself , and suspended himself from the office of the altar for several months , till he had the popes absolution . this makes me doubt if the clergy was of another mind in richard the seconds time , and if they could not have been well enough contented to have continued sitting as judges in all cases , if the canon law had not debarred them , but that being they would make that protestation , consisting , as i say , of those two parts , both which being so approved of by the parliament , and there enrolled , became then , and so continue to be , the law of the kingdom : for in those times all laws were so made : only the substance of the law was agreed upon in parliament by king , lords , and commons , and entred in the journal book ; and the kings justices did afterwards draw it up into form , and then publish it to be the known standing law of the kingdom . but that was not needful here , because it was not a new thing , that did then receive its first being . neither , i say , was it new before in henry the seconds time , it appearing by what was then transacted , that it was in usage in henry the firsts time , only it was ratified in that great council of clarendon under henry the second with a little more solemnity , and the addition of an oath for the better observance of it . and we may carry it yet a little higher to edward the confessors days , as appears by his appeal against earl godwin in a great council , which was their parliament , and how long it had been the use and practice before that , god knows . in e. th . time it was the declared law of the land , you have it in the year-book of e. . term. pas. n. . the words are , quant un sr. est endite ceo serra maunde en le parliament & la le seneschal d' engleterre le mettra a respondre & il dira de rien culpable , & se sera trie per pares suos , donque les seigniors espirituelx , que ne poient consent al mort de home , ferront un procurator en le parliament & donque le seneschal doit examiner primes le pluis puisne seignior que est , sil soit culpable , & issint separatim a toues les seigniors queux sont la , &c. when a lord is indicted it shall be returned into parliament , and there the steward of england shall put him to answer , and he shall say , not guilty , and this shall be tried by his peers , and then the lords spiritual , who may not consent to the death of any man , shall make their procurator in parliament , and then the lord steward shall ask the youngest lord , if he be guilty , and so severally all the lords that are there , &c. this i alledge to shew that even by the law of the land , the bishops cannot be judges in a case capital ; it is true here is mention made of their making a proctor , which was error temporis , the errour of those times , grounded upon what was so lately done , ( as they looked upon it ) though irregularly done in the last parliament of r. . whom they considered as their last lawful king ; and in truth he was so , the three henries that came between being but usurpers ; and therefore they had , it seems , a deference for what was then done , though as i have already said , it was never done before , nor is it in truth a thing very practicable and not at all parliamentary , to have one man , or two men ( as we see it was also done that parliament , ) represent the whole bench of bishops . and more than all this ( as i have already observed , which it seems , was not then thought of ) that whole parliament of r. . stands repealed , and all that was done in it declared by a subsequent act of parliament to be null and void . but this is but by the way ; my intent in quoting this book case , is onely to shew that the bishops were not excluded judging in capital cases by the canon law alone , but that the law of the land did likewise confirm it , and the courts of westminster did so conceive of it . so i think i may well conclude , and with some confidence affirm , that bishops now are not to be judges to sit and vote in parliament in any trial , or part of a trial , that is , in any circumstance , which doth any ways lead or conduce to such a trial of any capital offender , but the whole judgment is singly and wholly in the lords temporal , and to them onely such judgments do belong , as was challenged by them in the case of the earl of northumberland , h. . and is so declared to be in several other cases upon the rolls of parliament . and having thus delivered you my opinion , and my grounds for that opinion , i submit it to your judgment and rest , sir , your humble servant . postscript . sir , as i was closing my letter , two papers were brought me , one in written hand , the other printed , which maintain an opinion clean contrary to mine ; i shall tell you what they say , and give my answer to it , then leave it to you to determine , who is in the right . the written paper , to prove their right of judicature in all cases , none excepted , declares bishops to be peers of the land , and a third estate in parliament , and therefore are not to be excluded from being judges in all cases , as well capital as other . to prove them peers of the land he urges statute law , and common law ; for the statute law , he alledges the of ed. . c. . and the of h. . c. . first , for the statute law , let me tell you , it is not every expression obiter upon the by , that is in the preamble of a statute ( as this is of bishops to be called peers in these statutes ) that makes a thing pass for law , except it be by way of declaration , declaring it to be a law , or reciting it as a law before made : and then i shall shew you how these two particular statutes run , and what they are . that of the e. . it is true , hath in the preamble , that the prelates had prayed the king that their temporalties thenceforth might not be seised upon for such contempts , sith they were peers of the land , that is , by their own sayings they were peers , for so it was only , the statute doth not make them so . the record is , that among the petitions of the clergy , one is come ercevesques & evesques tiegnent lour temporaltees du roi en chief & pertant sont pieres de la terre , come sont autres countees & barons , quil vous pleise a eux graunter que nul iustice pur soul contemptz puisse desoremes lour temporaltees faire prendre , &c. seeing archbishops and bishops hold their temporalties of the king in capite , and therefore are peers of the land as are other earls and barons , that you will be pleased to grant unto them , that no iudge may henceforward for meer contempts cause their temporalties to be seised : the answer is , that the law is so , and cannot be changed , but the king is willing that in such cases a reasonable fine may be taken . so you see they indeed call themselves peers , which the king takes no notice of in his answer , but speaks to the matter of their petition ; and even in his answer intimates , that they are not in the same condition with earls and barons , for he saith the law is so for them , that is , that they should forfeit their temporalties for such contempts , which no man will say was the law for earls and barons to forfeit their lands for any contempt , but well were they liable perhaps to pay a good fine for it : so then i may say that those bishops were a little mistaken , to affirm that they were peers of the land just as other earls and barons are . the other statute is of the h. . and is only concerning ireland , it saith , that by a statute in ireland , no irishman was to be preferred to any dignity in the church , and yet some were made archbishops and bishops , and they make their collations to irish clerks , then follows , and whereas they are said to be peers of the parliament in the same land , they bring with them irish servants to parliaments and councils , who give intelligence to the irish rebels . that statute is now confirmed ; and what this makes to prove the english bishops peers of the land , i see not , nor i think no body else can , at most it can but declare them to be peers of the parliament of ireland , and it is too , even for those irish bishops , but that they are so said to be , that is , said to be peers , not that they are so . but to prove that they are not peers of england , i think we have a better law , even magna charta it self ; it saith , that every man who is tried at the kings sute must be tried by his peers : now , if a bishop be tried for any capital offence , he is tried by the commoners , and that is the common law of the land , it hath ever been so , never otherwise ; then must commoners be his peers , and he and commoners must be pares . the great charter of englands liberties magna charta declares them so : a temporal lord , duke , earl , or baron cannot be judge in the case of a bishop , except it be in parliament , where the temporal lords be the sole judges , and those to whom judgment doth properly belong : nor on the other side can any bishop be their judge , how then can they be said to be pares , fellow peers ? for my part i see not . then for their being a third estate in parliament ( for which that writer alledges mr. seldens authority ) is a thing so contrary to reason , as i can no ways yield to it . first , let me lay this foundation , that i do acknowledge the subjects of england to be divided into three estates , the nobility , the clergy , and the commonalty ; these are the several estates of the kingdom , and the bishops are part , and the chief part of one of these , viz. the clergy : and sometimes these three estates have joyned in some transactions , as h. . in the ratification of a peace with the king of france , charles the sixth , who had desired it should be so , he having had it ratified in france by the three estates there ; the record saith , uolensque idem serenissimus dominus noster pro parte sua dictam pacem & omnia & singula contenta in ea modo consimili per ipsum & tres status regni sui jurari , firmari & roborari , prout ex dicte pacis tenore astringitur & obligatur , dictam pacem bene & fideliter in omnibus se observanturum in verbo regio , & ad sancta evangelia per ipsum corporaliter tacta juravit & promisit , ac dictos tres status , viz. prelatos & clerum , nobiles & magnates , nec non communitates dicti regni sui secundo maii ad palatium suum westminst . ad majora firmitatem & robur pacis predicte fecit congregari , quibus quidem tribus statibus per cancellarium suum tenorem dicte pacis & singulos articulos ejusdem seriose exponi fecit , &c. the king willing for his part , that the said peace , and all the particulars of it should in like manner be sworn to , confirmed , and ratified by him and the three estates of his kingdom , according as he was obliged by the tenour of it to do , did swear and promise , laying his hand upon the holy evangelists , in the word of a king , that he would well and faithfully observe and keep it in every circumstance ; and the said three estates , to wit , the prelates and clergy for one , the nobles and great men for another , and the commons for the third , he caused to come before him the second of may at his palace of westminster for the better confirmation and strengthening of the peace , to which three estates he caused his chancellour to declare what the peace was , and every article thereof &c. here indeed the prelates , and all the clergy together with them , are declared to be one of the three estates of the kingdom , which is to be understood as they are assembled in the convocation , where all are present in their persons , or their representatives , but this is no part of the parliament , nor is it any ways entrusted with the legislative power , though it assemble in parliament time . and in h. . the very same case hapned again , and the three estates of the kingdom joyned with the king in the ratification of a peace with france in the same manner . but the three estates of parliament are clean another thing , each must have a negative voice to all that passeth there . if the major part of the house of commons be against any thing there proposed , there is an end of it , it is rejected . it is the same in the house of lords , and the bishops are intermingled with the temporal lords in making up that majority , as part of that majority : whereas were they one of the estates , reason would they should vote by themselves , separately from the other l ds , which would make another estate ; but they do not only not vote apart by themselves the whole body of them together , but even that body is divided and separated within it self , one part from another . for the two archbishops give their votes after all the nobility have given theirs , and the rest of the bishops between the barons and the viscounts , so that the barons excepted , all the rest of the peers , dukes , marquesses , earls , and viscounts divide the archbishops from the bishops : if then they be an estate , it is an estate within an estate , like a nest of boxes one within another , which how agreeable it is to reason , let any man judge . besides , would it be for the honour of the house of lords , that two estates must be put together to keep the ballance even with the house of commons , who are but one estate , and that their two should signifie no more than that one ? and most clearly it would be a great disparagement to the peerage of the kingdom , the temporal lords , and would make them to be a poor estate , that another estate must be joyned to them , to make up their negative voice , and set them upon even ground with the house of commons . but this is further to be said , were the bishops one of the three estates , a parliament could not be held without them , no law , no act of parliament could be made , if the major part of the bench of bishops did not agree to it ; but we know it to be otherwise in point of fact . parliaments have sate without a bishop , and acts of parliament have been made the bishops dissenting , and our law-books say it may be so in point of law : that it hath been so , bishop iewel acknowledges it in his defence of the apology of the church of england , p. . he bids you read the statutes of ed. . and you will find , that in a parliament solemnly holden by him at st. edmunds bury the archbishops and bishops were quite shut forth ; and yet the parliament held on , and good and wholsom laws were there enacted , the record saying , habito rex cum suis baronibus parliamento , & clero excluso , &c. the king holding a parliament with his barons , and excluding the clergy , &c. crompton hath this likewise in his book of courts under the title , parliament , p. . b. so certainly that king did not believe his clergy to be a third estate of his parliament , or he would never have left them out : for it must necessarily have followed that his parliament would have been lame and imperfect : but doubtless he knew the law to be , as all the judges of england said it was in henry the eighths time when the question was , as the title of the book case runs in keilways reports , p. . b. lou supreme iurisdiction perteigne al roy ou al pape , to whom the supreme iurisdiction belongs to the king or the pope ? for that hath still been in competition between the crown and that clergy , i mean the popish clergy . it is in dr. standishes case , h. . p. . b. les iustices disoient que nostre sr. le roy poit assez bien tener son parlement per luy & ses temporal seigniors & per ses commons , tout sans les spirituals seigniors , car les spiritual seigniors nont ascunt place en le parlement chamber per reason de lour spiritualtie , meis solement per reason de lour temporal possessions , the iudges said , that our lord the king might well enough hold his parliament by himself and the lords temporal and his commons , wholly without lords spiritual , for the lords spiritual have no place in parliament by reason of their spiritualty , but by reason of their temporal possessions ; that is , holding their lands , their temporal possessions in nature of baronies , sicut baroniam , as it is in the constitutions of clarendon , not that they were truly and really barons , enobled in bloud , but by their tenure of such land dignified to sit in parliament , and do the king service there , as the temporal lords by their tenure were bound to do . for this was the policy of william the first , he divided all the lands that escheated to him by his conquest into so many knights fees , and so many knights fees he erected into a barony , the temporalties of bishops likewise , and so of many abbots and priors he erected into baronies , all to hold of him in capite , and upon account of those baronies both the temporal lords and the spiritual lords , not only bishops , but also those abbots and priors had of right place in parliament , and were bound to serve him there : now , i would ask if they all holding by one tenure , and by that tenure sitting in parliament could possibly be imagined to be two different estates ? certainly , they could not be then two different estates , for they were all feodal barons ; and what hath since hapned to make a difference ? the change hath been only this ; the temporal lords holding so by their tenure grew so numerous , that king iohn put them into two ranks , of barones majores , and barones minores , and only the majores had writs of summons to come to parliament . afterwards in richard the seconds time barons were created by patent , and so had place and vote in parliament . i ask now , if it be probable , nay , if it be possible , that this should alter the constitution of parliament , that that house which before consisted but of one of the estates , should now be divided into two estates . they are still qualified to be members of parliament as before , a baron sate as a baron , an earl as an earl ; being made by patent , or by writ , or by holding such a proportion of land , alters not the case as to their sitting in parliament , for it is being of such a degree , which makes them peers of parliament , how they rose to that degree is not material . and what should make the lords spiritual , who have received no change in their being called to be members of that house , to be now an estate by themselves , which they were not before ? i profess i see not the least colour of reason to think there should be any change , but as they were in the beginning , so they are still , no other than fellow members of that house with the temporal lords , and together make up one house . but this is also to be considered , that if the bishops were a third estate of parliament , not only the parliament could not be held without them , but nothing could pass in parliament , that at least the major part of them should not assent to : but so far from that , not only what we find in the journals of former times , but daily experience tells us , that acts have passed not only when the major part of that bench was against them , but many times when the whole bench was strongly of another mind . r. . the bishops upon occasion of the statute of provisors enter a protestation against whatsoever should be done in derogation or restriction of the power of their holy father the pope , saying they were sworn to his holiness , and to the court of rome : these were likely to make a good third estate of an english parliament : and is it not then a wonder that any engiish man should desire to bring popery in again , for bishops to controule both king and parliament ? would it not set even monarchy it self one degree lower ? sure it would : but this is by the way . consider further , that if they had had such a power of being a third estate in the days of queen elizabeth , those good acts for a reformation in religion had never pased , and the reformation had never been . eliz. the bill for restoring the first fruits and tenths to the imperial crown of england , which passed february . the bill for restoring the supremacy to the crown , and repealing divers acts made to the contrary , which passed march . the bill giving authority to the queen upon avoidance of a bishoprick to take some part of the temporalties into her hands , recompensing the same with impropriate parsonages , which passed april . all the bishops present were against the passing of these bills . and before that , in edward the sixths time , they were against the bill for priests to marry , which passed feb. . e. . so the bill for ordering ecclesiastical ministers , giving power to six prelates , and six other men , learned in the laws , to set down the form and manner of their consecration , which passed ian. . e. . the bill for nominating thirty two persons to peruse the ecclesiastical laws , which passed ian. . the bill for abolishing and putting away divers superstitious books , as legends , missals , processionals , and the like , and taking away images out of churches and chappels , which passed also that parliament . all these good bills the bishops were against , yet they passed into laws , and were the foundation of our reformation , which , had they been a third estate , had never been laid , for those bills had not passed . but you will say perhaps , that we need not fear such mischiefs and inconvenience from our protestant bishops , and i grant it , nor do i urge these things with any such apprehension ; i only shew you what the popish bishops did then , and that if they had been a third estate , such mischiefs would have followed upon it , and thence to infer , that they were not in those times so accounted , and that our protestant bishops cannot then pretend to it now , they then , and these now having place and vote in parliament upon the same terms . but then we have good authority to inform us which are truly the three estates : king iames seems to make it clear in a speech he made at the prorogation of the parliament in the year . the words are these , as for the thing it self ( that is , the parliament ) it is composed of a head and a body , the head is the king , the body are the members of the parliament ; this body again is subdivided into two parts , the vpper and the lower house . the vpper house compounded partly of nobility , temporal men , who are heritable counsellours to the high court of parliament by the honour of their creation and lands ; and partly of bishops , spiritual men , who are likewise by the virtue of their place and dignity counsellours , life renters , or advitam of this court. the other house is composed of knights for the shires and gentry , and burgesses for the towns. but because the number would be infinite for all the gentlemen and burgesses to be present at every parliament , therefore a certain number is selected and chosen out of the great body , serving only for that parliament , where their persons are the representation of that body . you see that wise king makes the body to consist of two parts , the upper house , or the house of lords to be one of those parts , consisting of lords temporal , and lords spiritual , who together make one part ; and the house of commons another part : it is true , he calls neither of them an estate , but most certain he cannot be thought to understand the spiritual lords to be an estate by themselves , making them to be but a part of one of the parts of that body : for by the same reason he may be said to make the house of commons consist of two estates , saying , it is composed of knights of the shires , and burgesses for the towns. but king charles the first is plainer in his expressions , in his answer to the nineteen propositions sent to him from the two houses , iune . . he tells them , that neither one estate should transact what is proper for two , nor two what is proper for three . and in that same answer he saith a little after , it is most unreasonable that two estates proposing something to the third , the third should be bound to take no advice whether it were fit to pass , but from those two , who did propose it . nothing can be clearer than this , to shew what the opinion of that good king was concerning the three estates in parliament . and h. . n. . it is so declared by the house of commons even to the king himself , and to the lords , that the three estates of parliament are the king , the lords spiritual and temporal , and the commons , who should all be at an vnity among themselves , and therefore hearing there were some differences between the lords , they humbly prayed the king to compose them . and stephen gardiner bishop of winchester , sometime lord chancellor , an ancient parliament-man in henry the eighths time , who well understood the constitution of parliaments , in his letter to the lord protector in edward the sixths time , which letter is in the second volume of the book of martyrs , printed in . p. . doth acknowledge it , and saith , that the three estates make a law , and compares the three estates in parliament to the three christian vertues , faith , hope , and charity , and saith , that it were the same absurdity and untruth to say the higher house and the lower house exclude the king in the office of making laws , as it would be in religion to say , that faith excludeth charity in the office of justification . here you have the testimony of a bishop : i confess , a popish bishop , as you may see by his application of this simile , to make charity ( that is , works of charity ) to have a part in justification . but i meddle not with his divinity : as to that which he saith of the estates in parliament , he is in the right , and he was one that knew well enough what was due to the order of bishops , even to the full extent of it , and would not have shortned it the breadth of one hair , yet he makes them not an estate by themselves , but as joyned with the lords temporal . then for the common law , you have finch in his book of law dedicated to king iames , the first chapter of the second book , p. . who saith the very same thing in very plain terms : his words are these , lassemblie de ceux trois estates c ' est assavoir , roy , nobilitie , & commons , qui sont le corps del realme , est appel une parlement , & lour decree un act de parlement , car sans touts troys ( come si soit fait per roy & seigniors , mes rien parle del commons ) nest ascun act de parlement , the assembly of the three estates , that is to say , king , nobles , and commons , who are the body of the realm , is called a parliament , and their decree is an act of parliament , for without all three ( as if it were done by the king and lords , and no mention of the commons ) it is no act of parliament . can any thing be plainer ? you see now with how little appearance of truth the writer of that paper takes upon him to declare bishops to be either peers of the land , or one of the three estates , and what ill topicks he hath chosen to prove them to have right of judicature in all cases criminal and capital , for that is his assertion upon it . for what he cites out of some year-books , that in some pleadings their counsel calls them peers , will not make them so ; nay , should the judges themselves stile them peers , as perhaps they might complement the potent clergy of those days , it could not alter the law of the land , which makes commoners their peers , seeing they are to be tried by commoners . as for matter of fact , to prove that they have judged in capital cases , he cites the protestation in the eleventh of r. . and then their making their procurator , and so judging by proxy in the of r. . to which i need say nothing in this postscript , having so largely in my letter treated of it . then he gives many precedents of their voting in bills of attainder , which is all not to the purpose , for that is not in question . acts of attainder are laws , and every freeman is supposed to give his consent to every law , either by his representative , or in person if a member of parliament ; and bishops being members may i think claim to do it personally . so i have done with the paper , and come to the printed book , stiled , the honours of the lords spiritual asserted ; and six chapters are taken up in blazoning their honour , which no body endeavours to take from them , nor do i think it to be any part or degree of honour , to judge men to death . it is certainly an employment which in my opinion no body will envy to any that hath it . then for those great places which the bishops enjoyed here in england , mentioned in the fifth chapter , i no ways wonder at it ; we know , that popish clergy had ambition enough to covet to have the whole rule , and in those blind and superstitious times power enough to obtain what they had a mind to , both prince and people in a manner awed by them ; who yet sometimes would complain , and break out a little , as scholars sometimes rise against their school-masters . so e. . the two houses joyn , countes , barones & communes , and represent to the king , how the government of the kingdom had been a long time in the hands of the clergy , per ent grant mischiefs & dammages sont avenuz en temps passe & pluis purroit eschier en temps avenir al disherison de la coronne , & grant prejudice du royalme , whereby great mischiefs and damages have happened in times past , and more may fall out in time to come , to the disherison of the crown , and great prejudice to the realm ; and therefore they humbly pray the king , that he would employ laymen . so r. . the commons complain , that the king kept so many bishops about him in his court , and advanced them and their followers . therefore you see it was not always pleasing to the kingdom : but all this is by the by ; though that author takes a great deal of pains to enlarge himself upon this subject , which is not at all to our purpose , nor deciding the point in question one way or other . in his two last chapters , the seventh and the eighth only , he toucheth upon it . he first gives this for a rule , that it was the common usage and right of the bishops in ancient times to sit and vote in parliament in all cases , as well criminal as otherwise , either by themselves or their proxies . as for their proxies , as i have already said , it was never done but in one parliament , which parliament is repealed , and all that was done in it , of no signification . and besides , as i have already told you in my letter , if that parliament had not been repealed , yet that unparliamentary nonsensical action of the whole bench of bishops , and all the clergy with them , empowering one man , as they did sir thomas percy , to give one vote for them all , shews the manifest indispensable unlawfulness of their being personally present , that rather than that should be , such an irrational unprecedented thing should be admitted of ; which is my answer to all that he saith , and to the precedent that he quotes out of the of r. . now let us examine what he saith of their being in person present at such trials . he quotes bromptons chronicle , reciting among the laws of king athelstan this concerning bishops , i will cite brompton's words right as they are , episcopo jure pertinet omnem rectitudinem promovere dei , viz. & seculi , it appertains of right to a bishop , to promote that which is right both concerning god and the world. a little after he saith , debet etiam sedulo pacem & concordiam operari cum seculi iudicibus , he ought likewise diligently together with the secular iudges to promote peace and concord . after he saith , debent episcopi cum seculi iudicibus interesse iudiciis ne permittant si possint , ut aliqua pravitatum germina pullulaverint , the bishops ought to be present in iudgments with the secular iudges , not to suffer any buds of wickedness to sprout if they can hinder it . then he tells you what they must do in their judgings , see that every man have right , that rich men do not oppress poor men , nor masters their servants , and the like , and to look to weights and measures , that there be no cozening nor cheating , but that they may live like christians . here is nothing of judging a capital crime ; far from it . his next authority is out of sir henry spelmans glossary upon the word comes ; there it is , comes presidebat foro comitatus , non solus , sed adjunctus episcopo , hic ut jus divinum , alter ut humanum diceret , alterque alteri auxilio esset & consilio , presertim episcopus comiti ; nam in hunc illi animadvertere sepe licuit , & errantem cohibere , the earl did preside in the county court , not alone , but joyned with the bishop : he , to deliver what was gods law ; the other , what was mans law : and that the one should help and counsel the other ; especially the bishop to do it to the earl , for it was lawful for him sometimes to reprove the other , and to reduce him , bring him into order if he went astray . he leaves out what the bishops work was , he omits that clause , episcopus ut jus divinum diceret , for this was not to try capital crimes : but sir henry spelman tells us further , that that court had cognisance but of petty matters , de causis magnatum & potentiorum non cognovit comes , nam he ad aulam regiam deferende , pauperum tantum & minus potentum judicabat . hinc & legibus nostris hodie prohibetur debili aut injuriarum actiones in comitatu intendere , si rei litigate valor non sit minor solidis , the earl hath not cognisance of great mens business , for such matters are to be brought into the kings courts , he only judges poor mens causes . hence it is , that by our law actions for debt and trespasses are not to be commenced in the county court , if it be for above the value of shillings . judge now i pray you , what all this makes to prove that bishops have right to judge of treason , felony , and those transcendent crimes which deserve death . he then quotes mr. selden , and makes him say , in his introduction to his treatise of the priviledges of the barons of england , that omnes praelati & magnates had this priviledge till the prelates lost it by the parliament of car. . i find no such thing there , he saith , that the prelacy had heretofore the first place in the summons , but that they had then lost it . and this i observe further , that mr. selden makes the whole upper house to be but one estate whether the bishops be there or no ; it was one estate formerly when the bishops had the priviledge of sitting there , and when they had the first place in the summons , and it was one estate then in mr. seldens time when they had lost that priviledge , but our assertor in the printed paper would take no notice of this . now i come to his precedents , he first begins with their proxies , and cites many parliaments where bishops gave proxies , which no man denies , and they do it still , only they give their proxies now only to bishops like themselves who are members of the house , not to such as are no members , as it seems they did then : but giving proxies to represent the whole bench of bishops , or any one bishop in any judgment of death , except in that one parliament of r. . i utterly deny . indeed he tells us of the . h. . and h. . that they did it it there in those parliaments , but i dare say he cannot find it there , i am sure i cannot , and i do verily believe he never looked there , but that he takes it upon trust out of the margin of pag. . of mr. seldens book of the priviledges of the baronage , where indeed there is such a quotation , but misplaced by the printer , having reference to what is said at the end of the paragraph , of thomas earl of salisbury , h. . endeavouring to reverse the attainder of his father , iohn earl of salisbury , who was attainted h. . and not at all concerning what is said of proxies in the first part of the paragraph , as our assertor would here apply it . then he cites a precedent or two to make out that bishops were personally present at the giving of some judgments of death , which if they be truly related , he saith something , but i believe they will be found to be of as little weight , as all he said before : his first is among the pleas of the crown , r. . of the impeachment , as he calls it , of the earl of arundel , and others , by the lords appellants , the earls of rutland , kent , huntington , and others . he saith the earl of arundel being brought to the bar by the lord nevil , constable of the tower , that the articles exhibited against him by the lords appellants were read , to which he only pleaded two pardons , which pardons not allowed , the lords appellants demanded judgment against him : whereupon the lord steward , by the assent of the king , bishops , and lords , adjudged the said earl guilty , and convict of all the articles , and thereby a traitor to the king and realm , and that he should be therefore hanged , drawn and quartered . this our assertor saith , who quotes sir robert cottons collections for it , and there indeed it is so , but methinks one should not venture to quote a record upon any mans allegation , without consulting the record it self , and that i am sure he hath not done , for it saith expresly , that it was only the lords temporal and sir thomas percy , proctor for the prelats , that gave that judgment . the words of the record are , sur quoy le dit duc de lancaster per commandement du roy & toutz les srs. temporels & mr. thomas percy aiant poair sufficiant des prelatz & clergie du roialme d'engleterre come piert de record en le dit parlement per assent du roy agarderent le dit counte d' arundel coupable & convict de toutz les pointz dount il est appellez , & per taunt luy ajuggerent traitour au roy & au roialme , & quil soit treinez , penduz decollez & quarterez , whereupon the said duke of lancaster by the kings command , and all the lords temporal , and sir thomas percy being sufficiently empowered by the bishops and clergy of the kingdom of england , as appears upon record in the said parliament , did by the kings assent declare the said earl of arundel guilty and convict of all the points of which he was accused , and therefore did adjudge him a traitor to the king and realm , and that he should be drawn , hanged , his head cut off , and body quartered . you see the bishops were none of them present , but theit procurator was , to which in my letter i have largely spoken , and need not repeat it here . he urges also a precedent in this same parliament , of the commons by the mouth of their speaker sir iohn bussy , praying the king , that for that divers iudgments were heretofore undone for that the clergy were not present , that the clergy would appoint some to be their common proctor , with sufficient authority thereunto . i have already shewed , that this whole parliament was repealed , for the extravagant things that were done in it , of which this was one : and therefore nothing that was then done can signifie any thing to be a leading case any ways to be followed . and this as little as any , except it could be made appear , which i am confident it cannot , that some judgment had been reversed upon that account because the prelates were not present , and had not given their assent to it . indeed h. . thomas montacute , earl of salisbury , attempted it , brought his writ of error to reverse the judgment given h. against his father , iohn earl of salisbury , and did assign that for an error as the record saith , item error de ceo que le dit john susdit count dust forfaire terres & tenements sans assent des prelates , qui sont piers en parlement les queux ne furent mye faits parties as declaration & iuggementz avandits , item , an error in this , that the foresaid earl john should forfeit lands and tenements the prelates not assenting , who are peers of parliament , yet were not at all made parties to the abovesaid declaration and iudgments . but this was adjudged to be no error , and the condemnation of his father to have been just and legal : and i am very confident that this is the only precedent of such an attempt , and yet it makes a stronger argument against it , that it was endeavoured , and rejected , for now it is a judged case . and besides , as i have already observed , this desire of the commons , of their making a proctor shews what the opinion of those times was , that the bishops could not be personally present at such judgments , which is all that is now in question between us . his next precedent is h. . when rich. earl of cambridge , and others were tried for treason for levying war against the king , the bishops then personally sitting in parliament , as he saith , and he bids us see the record in the tower , which i dare say he had not done himself , for then he would have found it contrary to what he asserts , that richard earl of cambridge , and henry lord scroope with him were not tried nor condemned in parliament as he saith they were , but by a special commission directed to the duke of clarence , and other their peers , earls , and barons at southampton , and were there condemned and executed ; but the whole proceedings against them were afterwards brought into parliament at the desire of the commons , and were there at their desire likewise ratified and confirmed , and the bishops then were and might be present , for i look upon it as an act of parliament , yet not attainting them , but confirming their attainder , for they were convicted , condemned , and attainted before at southampton . his last chapter of precedents from h. . to the eliz. is only of bills of attainder , and so acknowledged by him , and therefore nothing to the purpose . as i have said before those bills are laws , though private laws , whereto every freeman of england doth consent either in person or represented ; and bishops are or should be all present at the passing of them , for then they act as members of the house of lords in their legislative capacity : but for their being judges in any trial of life and death , or part of a trial , when the house proceeds in a judicial way , i see no reason by all that hath been said on the other side , to change my opinion , that they ought not . sir , you see what is said on both sides , be you judge , who is in the right . finis . die iovis, september, . a declaration of the lords and commons assembled in parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text n in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc n this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die iovis, september, . a declaration of the lords and commons assembled in parliament. england and wales. parliament. sheet ([ ] p.) printed at london for john wright at the kings head in the old baily, [london] : . taking into consideration the danger of allowing evil-affected persons to resort to the doors of the houses on pretence of arrears due to them no one is to resort to the house on this pretence. the guards are to seize all persons coming on this account, whose arrears, if any are due, are to be foreited -- cf. steele. order to print signed: jo. brown cler. parliamentorum. reproduction of the original in the british library. eng england and wales. -- parliament -- appropriations and expenditures -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a n (thomason .f. [ ]). civilwar no die iovis, september, . a declaration of the lords and commons assembled in parliament. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die iovis , september , , a declaration of the lords and commons assembled in parliament . the lords and commons in parliament assembled , taking into their serious consideration the great inconvenience and danger which daily doth , or may accrue by the resort of divers persons to the doores of both houses , under pretence of arreares to them due , the greatest part of them being persons evill affected to the parliament and kingdome ; and their comming thither being for the most part ( though under other pretence ) to disturbe them in their proceedings ; and likewise remembring the effectuall course by them taken by their late instructions , bearing date the . of may last , for the determining of all accompts , so that there can be no colour of any such resort as aforesaid , except it be of such who are unwilling the truth of their accompts should appeare , doe hereby order and declare , that henceforth no person or persons shall presume to resort thither under any such pretence , both houses having formerly ordered , that the committee for the accompts of the whole kingdome , or other committees authorized for that purpose , shall present rolls of such accompts so determined to both houses , and not otherwaies , where those persons concerned therein shall receive such further assurance and satisfaction as both houses shall finde to be just . and in case after the publication hereof any person shall presume contrary to this declaration , the guards attending on either or both houses , are hereby required to seize upon them , and keepe them in safe custody ; and if upon examination by the committee of complaints it be found that there is any arreare due to any such person , every such summe of money shall be , and is forfeit for his or their contempt , and such further punishment upon others as both houses shall appoint . ordered by the lords assembled in parliament , that this declaration be forthwith printed and published . jo. brown cler. parliamentorum . printed at london for john wright at the kings head in the old baily . . the effect of what was spoken by sir john lowther to the king, at the desire of several members of parliament, that dined together, on wednesday, january , approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the effect of what was spoken by sir john lowther to the king, at the desire of several members of parliament, that dined together, on wednesday, january , lowther, john, sir, - . william iii, king of england, - . sheet ([ ] p.) printed for randall taylor, london : . caption title. broadside. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. broadsides -- england -- london - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion the effect of what was spoken by sir john low ther to the king , at the desire of several members of parliament , that dined together , on wednesday , january . . this day a great number of parliament men dined together , they thought themselves obliged to give your majesty an assurance of their loyalty ; now , that by your majesty's prorogation , they are going into their several countreys where they live . they thought it would be a trouble to come to attend your majesty in so great a body , so commanded me , with the rest of these gentlemen , to represent the whole , and give your majesty this assurance : that they present their humble duty to your majesty , and assure you sir , they are ready to venture their lives , and all that is dear to them , in your service ; that they will make it their business to see that such moneys as is given , may be speedily and effectually rais'd . and because your majesty is resolv'd in person to go into ireland , they heartily pray for your majesty's journey , success in your arms , a speedy and safe return , a long and happy reign over us . the effect of his majesty's answer . gentlemen , i take this address very kindly , and desire you will return my thanks to all the gentlemen ; and assure them , that as i have ventur'd my life in defence of these kingdoms , nothing shall be wanting of my side to compleat their happiness . i think my going in person into ireland , will be a great means to put an end to the war , therefore am resolv'd upon it . i also assure you , i will make it my particular care to protect and defend the church of england , as by law establish'd . i shall desire you will in my absenve , take care that all things be kept in good peace and good order ; and at my return , i hope in god , all things will be well settled ; that we may be happy , and enjoy one another , and every man his right . finis . london , printed for randal taylor near stationers-hall . . die jovis, januarii. . additionall directions of the lords and commons assembled in parliament for the billetting of the army, when they are upon a march, or setled in their quarters. proceedings. - - england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e aa). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e aa estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die jovis, januarii. . additionall directions of the lords and commons assembled in parliament for the billetting of the army, when they are upon a march, or setled in their quarters. proceedings. - - england and wales. parliament. england and wales. parliament. house of lords. proceedings. . sheet ([ ] p.) for john wright at the kings head in the old bayley, imprinted at london : . [i.e. ] year given according to lady day dating. ordered by the house of lords to be be printed and published. steele notation: from and in-. reproduction of original in the henry e. huntington library. eng england and wales. -- army -- early works to . soldiers -- billeting -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england a r (wing e aa). civilwar no die jovis, januarii. . additionall directions of the lords and commons assembled in parliament, for the billetting of the army, when t england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , januarii . . additionall directions of the lords and commons assembled in parliament , for the billetting of the army , when they are upon a march , or setled in their quarters . . that whensoever any forces shall be by vertue of an order from the generall , or from such as he shall appoint , upon a march o● removing quarters , they shall at the townes or parishes where they shall be ordered to quarter , be billetted in the usuall way by the quarter-master or superiour officers , according to the directions of the constables or chiefe civill officers of the said townes or parishes : and the respective inhabitants where any of the said souldiers shall be so billetted shall receive them , and for one night , or two nights at the most , shall finde them their ordinary family diet , wherewith the souldier shall be contented and pay for the same at the rate of six pence per diem for a foot souldier , and twelve pence per diem for a trooper , and hay onely for his horse . that for the first fortnight after the forces shall be drawne into garisons , towns , and cities , ( according to the directions of parliament ) and untill they shall be furnished with pay to enable them to maintaine themselves , they shall in the same manner be quartered , received , and provided for , and at the same rates aforesaid , by such inhabitants upon whom they shall be billetted by the magistrate of the place , or by their owne officers , in case the civill magistrate shall refuse to do it ; the officers ingaging to the inhabitants to see the quarters discharged at the said rates . that after the said fornight is expired , or after the forces shall be furnished with pay as aforesaid , in any garrisons , townes , or cities , where any forces shall come by order as aforesaid , to be at a setled quarter , so many of them as cannot be conveniently disposed of to innes , ale-houses , tavernes , or victualling-houses , shall be billetted at other houses by the chiefe magistrate of the place , or ( if he shall refuse to doe it ) by the chiefe officer present with the said forces : and in case of any abuse or inequality therein , the said magistrate , or next justice of peace , to have power to order and alter the proportions of billetting to the severall inhabitants , as he shall finde most fit and equall : and the persons where they shall be so billetted , shall receive them accordingly ; but shall not after the two first nights from the souldiers coming thither ( for which the souldier is to pay at the rates aforesaid ) be lyable to finde the souldier any dyet or horse-meat ( except by agreement betwixt him and the souldier , and at such rates as they shall agree upon ) but shall only entertaine the souldier with lodging , stable-roome , and the use of their ordinary fire and candle-light . and in case any such inhabitants be agrieved therewith , and desire to have no souldiers at all in his house ( he or the magistrate providing such billet for the souldier else where within the towne ) or at any village adjacent ( within such distance as the chiefe officer commanding in the quarter shall allow of ) such inhabitant shall have his house wholly free . die jovis , januarii . . ordered by the lords assembled in parliament , that these additionall directions be forthwith printed and published . joh. brown cler. parliamentorum . imprinted at london , for john wright at the kings head in the old bayley . . eight military aphorismes demonstrating the uselesness, unprofitableness, hurtfulness and prodigall expensiveness of all standing english forts and garrisons ... by william prynne of swanswick, esquire ... pendennis and all other standing forts dismantled prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) eight military aphorismes demonstrating the uselesness, unprofitableness, hurtfulness and prodigall expensiveness of all standing english forts and garrisons ... by william prynne of swanswick, esquire ... pendennis and all other standing forts dismantled prynne, william, - . [ ], , - numbered as leaves, - p. printed for the author, and are to be sold by edward thomas ..., london : . published earlier with title: pendennis and all other standing forts dismantled. reproduction of original in university of chicago library. imperfect: t.p. dark and partially illegible. eng england and wales. -- army. standing army. a r (wing p ). civilwar no eight military aphorismes, demonstrating the uselesness, unprofitableness, hurtfulness and prodigall expensiveness of all standing english f prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - derek lee sampled and proofread - derek lee text and markup reviewed and edited - pfs batch review (qc) and xml conversion eight military aphorismes , demonstrating the uselesness , unprofitableness , hurtfulness and prodigall expensiveness of all standing english forts and garrisons , to the people of england : their inability to protect them from invasions , depredations of enemies , or pyrates by sea or land : the great mischief , pressures , inconveniences they draw upon the inhabitants , country , and adjacent places in times of open wars , when pretended most usefull : and the grand oversight , mistake , injury in continuing them for the present or future reall defence of the peoples lives , liberties , estates , the onely ends pretended for them . by william prynne of swanswick , esquire ; for the common benefit , ease and information of the whole nation . habak. . . they shall deride every strong hold , for they shall heap dust , and take it . hosea iudah hath multiplied fenced cities , but i will send a fire upon his cities , which shall devoure the palaces thereof . chron. . and he took the fenced cities which appertained to judah . dan. . ● . the king of the north shall come , and cast up a mount , and take the most fenced cities ; neither shall there he any strenght to withstand . ezeck. . , . he shall stay thy people by the sword , and thy strong garrisons shall go down to the ground ; and they shall make a spoile of thy riches , and make a prey of thy merchandise ; and they shall break down thy wals , and destroy thy pleasant houses , and they shall lay thy stones and thy timber , and thy dust in the middest of the water . london , printed for the author , and are to be sold by edward thomas , at his shop at the signe of the adam and eve in little brittain , . eight military aphorisms ; demonstrating the uselesness , unprofitableness , hurtfulness and prodigal expensivenesse of all standing english garrisons to the people of england ; their inability to protect them from enemies invasions , depredations by sea or land , the great mischiefs they occasion in peace & open war , the oversight , injury of continuing them at the peoples excessive expence , ( or any other mercinary land-forces for the present or future real defence of the peoples persons , liberties , laws or estates . ) though garrisons in three or four of our greatest , richest , strongest cities ( which are as so many magazenes and places of refuge ) may in some respects be necessarie and convenient in times of war ; especially when guarded by the cities own arms and forces yet that our ordinary standing mercenary garrisons ( especially in small castles and blockhouses are not only altogether uselesse , but most dangerous , oppressive and mischievous grievances to the nation , both in times of war and peace , i shall briefly evidence by these ensuing aphorisms . . that the principal use , end of garrisons is onely to keep a forraign conquered enemy or countrey in constant subiect on and contribution to the conquerers ; therefore not to be contniued in our own free nation by those who pretend its freedom and enfranchisement from bondage , unlesse they resolve to make us their conquered vassals and tributaries , instead of english-freemen . . that all garrisons , castles , forts & block-houses throughout england if their works and fortifications were demolish'd , would be nothing else but meer despicable , worthless , barren hills , or clods of earth , scarce worth two hundred pounds a yeer at their best improved value ; which no wise statesman or enemy , upon due consideration , would either value , look after , or go about to fortifie , more then those many thousand unfortified rocks , hills upon the sea-coast or in inland counties , which any forraign or domestick enemies might , with as much advantage to themselves , and prejudice to the nation , soon fortifie and garrison with ease and advantage , if they would bestow so much charge & pains , as on those now fortified & furnished to their hands at the peoples cost , if once but masters of the field w●●h forts would stand the enemies in no more stead , if now sleighted , then any other unfortified hills , rocks , or those garrison'd hills and rocks would do before they were fortified and garrison'd , being altogether as unuseful , unable to defend or secure the nation and people near them from the invasions , plunders , conquests of any potent enemy or party stronger then these petty garrisons , as any other unfortified , ungarrisond hills or rocks throughout the island of like , or as strong a situation , and really serving only to defend the bare mercenary garrison-soldiers in them ; and the barren rocks , hills alone whereon they stand , not the whole nation or counties adjoining , in time of such invasion , danger , till they be either taken by , or surrendred to the prevailing party & enemy . therefore to put the nation , countrey to a vast annual expence of many thousand pounds each yeer to fortifie , furnish and man such garrison'd fruitlesse rocks and clods of earth , ( not worth .l . a yeer at utmost value ) which can neither secure the whole island nor people near them from forraign or domestick enemies , and to continue them garrison'd at such a prodigal expence , is as great a solecisir , madnesse , prodigality in true martial & state politicks , as it would be ill countrey husbandry for the whole nation or private statesmen to bestow one hundred thousand pounds every yeer in planting , sowing the hills and rocks whereon these garrisons now stand , to reap a barren crop only of .l . a yeer at most ; which ( as they are now garrison'd ) yeild them not one farthing towards the publice revenue , and yet have cost the nation very many thousand pounds out of their purses every yeer , to no use or end at all , but to cast away so much money on lazie garrison-soldiers , to smoke tobacco , and cry one to another , who goes there ? ( as if we had stil too much mony in our dry-dra●ned-purses ) and to continue them at this grand charge , only because the island and places near them , might be endangered , if slighted , & their ruins supprised regarrisond by an enemy ( who wil never certainly be so mad or sottish , as to fortifie any slighted garrisons , unlesse able to defend them against the whole nation ) is as grosse an absurdity , as to argue ; we must forthwith fortifie , garrison , all other advantagious sea-coasts , rocks , hills , basses in england , because else any enemy might master , seise and fortifie them to the nations , peoples danger , damage ; and repair , fortifie all old late demolished castles , forts , block-houses , upon the same reason and accompt , ( which all the indian mines would not suffice to garrison ) . that england being subject to the forraign invasions , depredation of enemies or pirates , only by sea with ships , which no fixed land-garrisons can incounter , assault , board , take , sink , or pursue from place to place , nor hinder from landing under their noses , if stronger then they ; muchlesse in any other place out of their command ; ( as is undeniable by our ancient seising of cadez and sundry townes , garrisons in the indies by sir francis drak , & others , and our late invading and taking in of the isles of s●lly , ge●sey , ga●nsey , the barbadoes and scottish island , without the losse of any one ship , and of very few men , notwithstanding all their blockhouses , forts , garrisons , for to secure them they are altogether useless prodigalit●es ; our victorious puissant navy being the sole , best , sufficient defence against them , and only able to resist , take , sink and surprise them : that england ( as mr. cambaen and † others write ) being . miles in compasse , all invironed with the sea , except for some few miles space next to scotland ; it is as great a mistake in point of state-policy , & as grosse an absurdity in military-skill , to assert or believe , that . or . standing garrisons , forts and block-houses , distant sundry miles one from the other , not taking up or securing . whole miles of this vast circuit , and leaving no lesse then . miles thereof , and near as many landing places for enemies and rovers open to their invasions ; without any defence at all , can hinder either their landing or pillaging , or secure the island from invasion , by any considerable fleet and forces now , which they never could do in former ages , as its frequent invasions and conquests too by the romans , saxons , danes normans and others , notwithstanding all our ancient castles and garrisons attest . and to continue them for this very end upon the impoverished nations drained-purses , by imposing unusual , unsupportable taxes , excises on them for their support , is as grosse a conceit , as to assert , that the garrison and guns in dover castle can forciblie keep off any forraign fleet of enemies or pirates from landing or plundering at the lands-end , lizards point , or whitsand-bay in cornwall , or at st. davids in wales ; or , that the fortifying of the tower of london alone , or the uselesse block-●ouse● at grave●-end ( which can neither slay , hurt nor sink any resolute ship or vessel , much less an whole fleet in a sunshine-day , nor yet discern them in a mist or darksome night , and can discharge their guns at them only at roves but once at most , with more expence of powder and bullet to the state , then harm to the vessels they shoot at ) will hinder a whery-boat or navy fraighted with soldiers at brainford from landing in ●utile-fields or vvindsor ; or the guarding and locking up of crippl●-gate alone , hinder an whole army or brigade from entring into london at new-gate , or any other gate of the city , though they all stood open , unguarded , & though all its walls and works ( like the late line about it ) were levelled to the ground . yea , as vain a state , a military policy , as formerly to have built a fort onely at tyburn to secure all london , westminster and southwark , against the late kings army , without drawing any line of communication round about them , or placing any other guards then those in tyburn fort for their defence against them ; or to have placed a single company of the london militia at vvhite-chappel , to guard both houses whiles they sate at westminster , without any other guardians to secure them nearer hand ; it being both vanity and folly to fortifie only one inconsiderable part of a town or garrison ( and so if the island ) if all therest be unfortified , and lie alwaies open to all enemies invasions without defence . . that in all times of publick peace , or when and whiles there is no enemy near , it is peace it self alone , and want or absence of enemies that secures the peoples , nations persons estates from danger , plunder ; not garisons or field armies ; which cannot universally protect their lives or goods in all places and at all times , when there is any open war or enemie in the field , as peace alone always doth , and will do still , without cost or trouble : therefore it must needs be very ill husbandry and no good state-policy [ in these or other times of inland peace ] to keep up land-forces and garrisons throughout the nation at the peoples intolerable costs , now there is no enemie at all in arms amongst us , to protect the peoples persons and estates from spoil and danger , when as our very peace it self and want of armed enemies , doth and will absolutely secure them both , without any charge at all , or either of these costly lordly superfluous guardians ; which could not secure the greatest part of the nation from the late kings forces , power and plunder in times of war , nor yet the kings forts , his friends or quar●●●● from the parliaments forces . . that in times of open war , no garrisons throughout the nation can secure themselves and those within them against a puissant army , or any party stronger then these garrisons ; which will soon * take them by force , stratagem , composition ; or for want of provision , ammunition , and other necessaries ; or by treachery or mutiny within themselves , unless timely relieved by a marching field-army able to raise their seiges , as late experience and all histories attest : yea oft-times a small party , far less and nothing so numerous as those garrisons , by some stratagem of war , sodain surprize , or through security or negligence of the garrison soldiers , or by the casual death of some eminent commander ; unexpected forcing of a passe , or routing of some of the garrison soldiers in their salli●s and entring with them in their retreat ; the successful springing up of some mine ; the blowing up of a magezine ; the stopping of all provisions for their relief , advantage of ground , divisions amongst the garrisons , treachery , bribery in officers , soldiers , centinels , or townsmen , and a thousand other casualties , have in all former ages ( and will hereafter do the like ) conquered sundry strong garrisons throughout our three nations , and in all other parts of the world : besides no garrisons in our nation , without the assistance of a f●e●d army , either are or ever were yet able to protect themselves by their own strength against any powerful enemies seige , who resolved for to gain them , in times of war . it can be therefore little less then apparent folly or frenzy for us , to perpetuate and maintain them still at so vast a charge in these times of in-land peace throughout the nation , to protect and secure the whole land or country about them ; being thus unable to defend and secure themselves in the heat of war from foreign or intestine enemies . . that garrisons both in times of peace and war , are so far from being a benefit , safeguard or protection to the whole nation , or to the inhabitants within them , the country about them , and the contributers towards them ; that in truth they are commonly their greatest grievance , oppression , loss , damage , mischief , and frequent occasions of their utter ruine both in peace and war , as shall be evidently demonstrated for our soldiers , states-men , and nations future in formation , and speedy suppression of these grandest grievances , by these particulars . in all times of peace , they put the whole nation , inhabitants , country , to an excessive prodigal expence of moneys , which would be better imployed in relieving and setting poor people on work , advancing trade , manufactures , merchandize , improving lands , and supplying the peoples particular occasions ; to all which , and the better relief of maimed soldiers , their continuance is and will be still extreamly prejudicial : they much impoverish , grieve , oppress , discontent the people by endless taxes , excises to maintain them ▪ by billeting , quartering , and oft-times free-quartering the garrison soldiers on them ; by the frequent mutinies , misdemeanors , abuses , outrages of garrison soldiers , and lordly imperiousnesse of their governors and officers , over-topping , over-ruling , and sometimes abusing in many places the nobility , gentry , ministry , and civil magistracy , as well as common people ; and interrupting the course of justice , by protecting both themselves and their soldiers from arrests and executions for just debts , duties , trespasses to the people ; by entertaining , listing and detaining children against their parents , servants and apprentices against their masters , husbands against their wives and families good wills , to their great grief and prejudice ▪ by keeping of many thousands of able , young , lusty men in meer idlenesse , spending their time in eating , drinking , gaming , whoring , sleeping , lewdnesse , or easie uselesse duties day and night , onely to gaze about them ; to call to one another , stand , &c. and to spend much match and powder to no purpose , but to waste them and our treasure in complements ; and in the mean time robbing the nation of the benefit of their honest painful labors in their callings ; by their frequent running away upon discontents or misdemeanors , leaving their wives , children , and not a few great bellies and bastards on the inhabitants and countries charge ; running into their scores and debts for quarters and necessaries , and then departing without payment of them ; by infecting the inhabitants and country with the vices , errors , blasphemies , sins , corruptions , diseases of the worst and deboysest soldiers : by occasioning many murders , men-slaughters blood-sheds , quarrels , brawls , robberies , thefts burglaries , disorders , oppressions , drunkennesse , idlenesse , gaming whoring , swearing , neglect contempt of magistracie , ministry gods publike ordinances , sacraments , sabbaths disturbances of our ministers and publike assemblies in and near the garrisons , by dangerous practices to undoe or vex many innocent persons , which else would be prevented ; by hindring peoples free ingresse into , and egresse out of garrisons about their urgent occasions , concerning which their centinels , corporals , governors strictlie interrogate them ex officio , and force them to dance attendance on them sometimes many hours space , to extort beer or money from them before they can passe or repasse about their businesse ; by searching the houses , studies , seising the persons , letters , writings of divers persons by their own bare authorities or others unlawful warrants , against all law and the peoples native freedom , upon feigned pretences , causeless jealousies , idle rumors vain fears , and sometimes secret conspiracies against their very lives and estates , which are made a prey to these soldiers : by sundry other abuses , in seising their arms , birding and fowling pieces , moneys plate , horses , goods ; and impresting their horses ploughs carts upon needless , or wrongful publike or private occasions and pretences . in all which , and sundry other respects they are extraordinary grievances to the nation , garrison'd places , and countrey adjoining even in time of peace . therefore not to be continued upon any vain pretence whatsoever . . in times of war , when they are pretended most necessarie , they are then most chiefly prejudicial , pernicious , destructive both to the whole nation in general ; the places garrison'd ; the adjacent country and all contributing towards them , as these experimental demonstrations will undeniablie evidence against the erroneous opinions and practise of all pseudo-politicians and soldiers contrary pretences , wherewith they delude , yea , cheat the ignorant people : for , in times of actual wars ( especially civil , when they are most pernicious ) they bring a general mischief on the whole nation , and that in these respects : . by lengthning and drawing out their intestine wars with the plagues and miseries attending them , for many yeers space , as our ancient and late wars manifest ) by a tedious and successive seige of their garrisons , till reduced ; to the great waste , spoile , destruction and impoverishing of the people ; the innumerable increase of fatherlesse children , widdows , poor and maimed persons , the slaughters , deaths of thousands more then if there were no such garrisons . . by multiplying the peoples taxes , expences , to furnish and maintain these garrisons , and raise , pay a great field army besides , for these garrisons security , which would be a sufficient safeguard to the nation without them . . by lessening the number , weakning the strength , substracting the military provisions with all other supplies and recruits of the field armies , in whose good or bad successe , strength or weaknesse , the safety or ruine , preservation or conquest of the nation ( next under god ) doth alone principally consist ; and whose victories or ill successes the whole nation , with all garrisons usually do , will and must of necessity follow ; their garrisons being unable to defend them from plunder , total and final conquest , if their field armies be quite routed or destroyed ; which would speedily end the wars by pitched battels in the field in a few dayes , weeks , months at furthest , were it not for besieging and taking in garrisons , which ( through the artifice of mercenary officers and soldiers ) protract the wars for many yeers , and continue the plagues and miseries of war upon the nation far longer then if there were no garrisons in it as , ancient and present experience must and will attest . . they are in times of actual war most prejudicial to the towns and places garrisond in these ensuing regards . . by doubling , trebling their taxes , contributions , payments , charges to new fortifie and furnish these garrisons with ammunition , artillery , cannons , provisions , magazines of all sorts ; augmenting their mercenary guards and soldiers by hundreds and thousands in some places , to their great impoverishing and vexation ; and that oft times , to betray them to the enemy at last ; yea , to lose those garrisons in a few dayes or howrs , which they have thus ( to their vast expence and trouble ) been fortifying , furnishing , guarding many moneths or yeers space together , as the late presidents of bristol , hereford , with other garrisons belonging both to the king and parliament in england , ireland , scotland and elsewhere , demonstrate ; and the histories of all ages , countries testifie . . by continual billetting quartering and free-quartering the garrison soldiers and officers on the inhabitants , within or near the garrisons , to their great oppression , vexation ( superadded to their taxes ) oft times to their utter undoing . . by drawing the field-forces likewise into them , and free quartering them all the winter long , or when they are out of action , for their better accommodation and safety , to add to their former affliction ; and by continual uncessant quartering of other marching soldiers on them upon all expeditions , parties sent out upon emergent occasions ; from which heavy pressures , ungarrison'd places and villages remote from garrisons are either totally exempted or ten times more free then garrisons ; which would be as free as they , were they not made garrisons . . by exposing them to all the forementioned mischiefs and inconveniences of officers and garrison soldiers in times of peace doubled and trebled in seasons of warre , when the soldiers are farre more unruly , deboist , injurious imperious over them in all kindes then in peace . . by inviting , inducing or necessitating the enemies forces to besiege , and inflict upon them the saddest calamities and plagues of war , from which ungarrisoned towns , and places far from garrisons are usually exempted ; or not so liable to , especially in civil wars . to enumerate some particular miseries accompanying seiges . . burning , wasting , destroying their own suburbs , neighboring houses , villages , orchards , gardens , trees in or near their garrisons , walls or works , and that frequently by their own officers and garrison soldiers , to prevent the enemies quartering in them or some annoyances from them ; or to contract their works for their better and easier defence of what remaiins unburnt or unwasted , to the undoing of hundreds and thousands , left houslesse and harborless by this inhumane policy , as bad or worse then any enemies rage ; as the sad late presidents of the firing the suburbs of bristol , excester , taunton , lincoln , york , colchester , and other garrisons , experiment ; with some stately houses , and whole villages adjoyning to them : to which may be added , the like frequent furious devastations of them by the enemies , if spared by themselves . secondly , losse of all trading , commerce , and markets , during the leaguers about them , when they need them most of all . thirdly , perpetual fears , alarms , disturbances , watchings , frights , day and night ; continual hard military duties and skirmishes with the enemy , even by the inhabitants themselves at their free cost , notwithstanding their hired , dear-waged guardian soldiers to secure them . fourthly , forcible seisures of the inhabitants houshold-provisions of all sorts , with their beds , bedding , arms , money , plate , to feed , lodge , arm , pay , their mercenary servants ( then in all things , their most absolute lording masters ) who extort and will take from them and theirs all they have , of purpose forsooth to protect them , though those their protected pay-masters and their whole families starve , lye cold or naked on the boards , want money to buy them bread , necessaries , or lie sick in greatest distress . fifthly , the losse of many of the inhabitants lives by assaults , granadoes , fire-works , sallies , shots , wounds , famines , plagues , feavers , and other sicknesses ( usually accompanying sieges and wars ) by invented false accusations , suspitions of holding intelligence with the enemies , or plotting to betray the garrison to them ; by suddain fears , frights , discontents , firing or beating down houses , springing of mines , and the like , during their seiges ; in many whereof if sharp or long , or accompanyed with plagues and sicknesses , above half the inhabitants or more have frequently been quite consumed , and the rest utterly undone , though the enemies left the seige at last . sixthly , the wounding , maiming , loss of limbs of many of the inhabitants , multiplying of their poor widows , desolate orphans by seiges , and their new charge to relieve them . seventhly , the total banishment , captivity , slaughter and extirpation of all the inhabitants and mercenary soldiers too in garrisons , if taken by storm or assault , by putting them all to the sword , man , woman , and childe , without distinction , or the greatest number of them , and carrying the rest captives thence , whereof there are hundreds of sad presidents in * sacred and prophane history . the famous protestant town of magdeburgh in germany , of late years was by bloody general tilly , put totally to the sword , and then burnt to ashes : and tredagh in ireland , though for the most part protestants , always constant to the parliament , enduring many long and sharp seiges by the irish popish rebels ; yet submitting to marquesse ormond ( a sincere protestant , formerly general for the parliament in ireland , and then for the king ) and receiving a garrison from him at the last , when their governor entred into an offensive and defensive league with owen roe-oneal ( the general of the popish rebels ) their greatest enemy , and chief contriver , fomenter of the irish massacre and rebellion ; upon the late taking of it by storm , most of the inhabitants were thereupon put to the sword , without distinction , together with all the garrison soldiers , by gen. cromwell himself and his forces , to the great grief of many good protestants there ; which fatal desolation and total destruction they had all escaped , had they not been a garrison . eightly , the total demolition and burning to the very ground , of sundry private garrisons , castles , strong magnificent houses of ancient nobles and gentlemen , and of some fair churches too , when taken ; whereof our late wars have produced many sad spectacles , as rag land castle , basing house , rowden house , cambden house , litchfield clos● , banbury , pomfret castles , with sundry more : and which is yet more grievous , the burning to the ground , and total desolation , depopulation , ruine of many great famous garrisons , cities and towns ; as troy , jerusalem , tyrus , athens , with hundreds more ; and of the best and greatest part of other stately cities , never since repaired , re-peopled , whereof * sacred and prophane stories of former ages , our own annals , and late experience can furnish us with multitudes of sad presidents : which fatal subversions , devastations , they had all escaped , had they not been garrisoned and stood out a siege . ninthly , the total spoil , plunder , confiscation of all the inhabitants goods and estates ( if not their lives ) to the enemy , if taken by assault or stratagem , to their universal undoing ; and yet putting them to future fines , ransoms , and heavy taxes afterward , to buy their peace , or save them from the general subsequent plunder of all not formerly spoiled by the soldiers ; all which they had escaped , if un-garrisoned . tenthly , the unavoidable reception of greater , and usually worse domineering new garrisons from the conquering enemies ; oft spoiling , plundering firing ransoming , executing the wealthiest of the inhabitants ( notwithstanding all articles of agreement for their indempnity and security ) though taken by surrender onely , not by storm ; which articles are usually much violated , and very seldome kept by faithlesse , greedy , rude , plundering officers or soldiers , who add affliction to affliction , and a new undoing to the old ; to whose new lording lawlesse power , orders , pleasures , government , the inhabitants must all submit , or else they & their families must be forthwith banished out of their native habitations , as enemies , stript naked of all they have , and forced to wander cold & naked about the countrey like vagrants for bread , clothes , relief , houseroom , which they plentifully enjoyed before , to the breaking of their hearts , and shortning of their lives . eleventhly , these garrisons are oft taken & re-taken over and over ▪ and so as oft plundered , re plundered , spoiled , ransomed , and new garrisond by both sides ; yea those of them who were protected as friends and favorites to the one side , are sure to be most spoiled , plundered , oppressed , persecuted by the other , and to suffer thus in their successive turns till they be quite undone and ruined by their frequent takings and re-takings on both sides ; as bristol , exeter , with other places , have found by late sad experience : the vicissitudes and miseries of these garrisons never ceasing till their wars and garrisons cease , and they became no garrisons . twelfly : if any besieged garrisons escape taking in the wars by seige ( as glocester , hull and lime did in our late wars ; but scarce any else ) yet , as it was more through gods mercy , and the valor , vigilancie and strength of their own inhabitants and other volunteers then of their hired mercenaries ; so the length of losses and damages by their very leaguers , did more indammage , impoverish them , then an honorable composition with the enemy at first , or the leaving their towns quite ungarrison'd would have done ; besides their exemption from all those fears ; hardships and other miseries accompanying their leaguers . there was no garrison in the late wars throughout the nation , but if left ungarrison'd by either side , might with the quarter or half quarter of its unnecessary expences to make and keep it a garrison , have avoided all the miseries , losses , devastations , plunders , pressures it suffered as a garrison on both or either side , without any great danger or pillage to the inhabitants , persons or estates by either side : and half the charges of our garrisons on both sides , would have defrayed the whole charges of both the field armies , and ended the wars in far lesse then half the time they were protracted by means of garrisons . in brief , our small castles and garrisons even in times of wars , are , & can be no defence at all , but great oppressions and grievances to the people and countrey ; our great garrisons are then but small defences and greater burdens and grievances to the people then smaller ; yea , all of them after all their fortifications , costs & expences , are , or may be taken by * force , stratagem , famine or treachery at the last , by any enemy who is but master of the field ; witnesse the strongest of cities , ●yrus , ezek. . and ierusalem gods own most fortified city , of which the prophet thus writes , lam. . . the kings of the earth and all the inhabitants of the world would not have believed , that the adversary and the enemy should have entred into the gates of jerusalem ; yet was it often taken , pillaged , dismantled and burnt by the enemies , chron . . &c. chron. . , , , to . yea , our own garrisons were the principal seats , theaters of all our former and late wars , epsecially when besieged by either party : whence a siege is usually termed le-guerre , from the french , that is to say , the war ; because there is no war to speak of , till then : battels in the field being fought and ended usually in half a day or lesse , and oft within one hour or two at most ; when as sieges ( accompanied alwaies with frequent skirmishes , constant batteries , sundry assaults , sallies , stormings on all hands , or in some quarter or other ) continue many dayes , weeks , months and yeers , sometimes with far greater danger and losse of men on both sides ; and are usually seconded with many skirmishes , bloody battels and incounters of armies or parties sent to victual , relieve the besieged , or raise the siege , occasioning more and greater slaughters then a pitched battel in the field alone , as all histories and experience manifest . upon all which confiderations , all statesmen , soldiers and intelligent inhabitants of garrisons , who have any brains remaining in their heads , or consciences in their brests ) must ingenuouslye ( after due deliberation ) acknowledge ; that garrisons even in times of open wars ( especially intestine ) are so far from being a benefit , blessing , security or protection to their inhabitants and owners , that they are the extreamest pressures , grievances , curses , plagues , dangers , and most destructive , desolating instruments that possible can befall them ; as bringing all the furies , plagues , miseries and extremities of war upon them in perfection , so as it were better , safer for the inhabitants of all or most garrisons at least , and more conducing to their safety in respect of bodies , goods , and freedom from all sorts of inconveniences by war , to continue disgarrison'd , and lye open to both parties armies , as countrey villages do , thereby to escape all the forementioned plagues , to which garrisons are exposed ; or else ( if there be cause ) to fire their own houses before hand , or leave them empty , and flie with their families , goods , moneys , and what else they have , into bogs , woods , rocks , caves , wildernesses ( as the the wilde irish , high-landers , scythians , and all nations wanting garrisons do ) and there to secure themselves from the enemies , till withdrawn thence , routed , or the wars ended ; and thereby to save all or most they have for their own and families uses ; then unadvisedly of their own heads , or by the command of any in power over them , to put themselves to an extraordinary vast expence to erect , fortifie , furnish and maintain garrisons of mercenaries to no other purpose at all , if seriously considered ( unlesse able to defend themselves without any mercenaries or taxes , but meerly voluntary , when and where there is occasion only and no longer ) but meerly to expose themselves to all the premised calamities of war and garrisons , under a brainlesse pretext and lying imposture of defending their persons and estates from danger or molestation by the enemies or others , the contrary effects whereunto they ever occasion , both in peace and war . thirdly , in times of open wars garrisons bring these manifold evils and miseries on the adjacent countrey-villages and contributing friends and neighbors near them , instead of any real benefit or protection from them , which they neither do , will nor can afford them in their greatest needs , though they ; voluntarily or by co-action ( against all reason and conscience ) largely contribute to their fortifying and supplying for this end . , upon the approach of any enemy to besiege them , these very garrisons ( their friends and protectors ) like professed enemies , oft fire their adjourning houses , cut , pull down their trees , orchards , fences , ditches , walls , pales , drive away all their cattel , carry away all their goods , money , plate , arms , houshold-stuff , with their very houshold provisions into their garrisons ; by meer violence against their wills , intreaties , cryes , tears , without any price or consideration at all , to victual and furnish the garrisons with necessaries against the siege , or else to preserve them ( before the enemies approach ) from the enemies possession or plunder , who else would seise them to their disadvantage , when as the enemies for their own better accommodation , would use them more favorably , and not plunder them half so much as these their pretended friends and new protectors . secondly , they are more frequently visited , plundred , spoiled , captivated , fined , ransomed by the enemy upon all advantages and occasions , when there is no siege , then places more remote from garrisons , and not contributing to them for protection , upon these two accompts . . to deprive or straiten these garrisons the more of all provisions , necessaries , supplies and contributions from them , if not totally to withdraw them from them . . because they accompt them their professed enemies , for being contributers , friends , neighbors to these garrisons , & so all they have is lawful plunder without dispute , unlesse they will redeem it , by fines or ransoms , or by paying as●●●● or greater constant contributions to them and their next adjoyning garrisons , as they do to those , to live in peace ; being thus made a double prey to both sides , under colour of protection by and from both . an intolerable double pressure and imposition , of which our late wars afforded many experimental presidents , in most places next to garrisons ; who if the pillaging enemies be strong at any time , neither will , dare nor ought ( as they hold by the laws of war to stir out of their garrisons to encounter or protect their country neighboring contributors from their plunder , even under their walls and view , for fear of being cut off , and losing the garrison to them : such notable useful protectors are they to the adjacent countrey , as not to stir one foot to help them at their greatest needs , but expose them to their enemies spoil without resistance , if unato protect themselves . thirdly , they are more frequently then any others of the country further of , oppressed , vexed , hindred , impoverished , with the seising impresting of their servants , children , ploughs , carts , horses , and sometimes taking them quite away , by both sides alike , either for publick services or private occasions , to their vexation or undoing . fourthly , they are more oppressed by laboring in , and contributing to these garrisons fortifications , carrying in their ammunition and other provisions cost-free , or for little pay & that long ere received ) constant contributions to their garrisons ; quartering , free-quartering , insolences , outrages , abuses of the garrison soldiers , of marching parties of the field army it self , when drawn into quarters , then any parties more remote from garrisons , and their persons more oft imprisoned , beaten , wounded , their wives , children , servants , more abused , their houses more ransacked ; goods , monies , more frequently seised and taken away upon malice , jealousies , pretences by crafty knaves , officers and pillaging soldiers , then others farther off them . fifthly , when these garrisons are besieged ( as usually and frequently they are ) their pressures and miseries are beyond expression : the men , if well affected to the garrisons , are all forced by fear or otherwise from their houses into the garrisons , woods or other counties if not their wives , children , and whole families likewise , to avoid the fury , pressures , troubles , insolencies of the besieging enemies , who fill all their houses with their free-quartering rude abusive soldiers , eating , drinking up all their beer and other provisions whatsoever for man or beast , both within & without , not leaving them or their families bread to eat , or beer to drink , nor yet any bed , bolster , cushion , or ought else to rest their heads on , or straw to lie in : tread and eat out all their grasse , hay , corn standing or cut , with their horses : kill , devour , drive away all their stock , cattel , which the garrisons have left them , as good booty ; burn up all their pales , houses , wood , timber-trees , fruit-trees , for firing , & soon make them all as poor as job himself . . they are more frequently then any others of the countrey further off , oppressed , vexed , hindred , impoverished , as aforesaid ; and every new siege by either party reiterates the same or worse effects as the first , to their reiterated beggerie , as many late experiments fresh in peoples minds about plimouth , excester , lime , taunton , bristol , glocester , worcester , oxford , york , hull ( whose first siege produced the drowning of all the countrey round it in the beginning of our wars ) and most besieged garrisons evidence beyond contradiction ; which miseries countries void of garrisons , or remoter from them , doe not sustain ; the quarterings on them being neither so frequent , thick , long-lasting , or oppressive as in places next to garrisons , especially in sieges . . in these garrisond leaguers their gardens , grounds , orchards houses , are frequentlie destroyed , digged up , or pulled down , their trees and timber felled , their men , women , children , ploughs , carts , horses forced day after day , to toile and labour in making trenches , sconces , batteries , approacees , mines , redoubts , or carry timber , provisions , artillery , armes , and other baggage , which remoter parishes are free from ; and themselves would be so too , but for these garrisons , which occasion and enforce these sieges . . if the opposites field armie or strong parties from them during the sieges , approach to raise them , or to victual or relieve the garrisons , the oppressions of the adjoyning parts ate then doubled , trebled , and spread wider round about these garrisons , till the whole country , ten , twenty , or thirty miles about , by the long quartering and lying of so many armies , parties upon them , and marches to and fro to take or relieve the garrisons , be quite undone and eaten out ; and so one or both armies necessitated to seek out fresh quarters ; or the garrisons taken or relieved . after this the necessitated neer-starved garrisons requiring new supplies of all sorts , if not taken , extort them from the adjacent countries , if they be to be had above ground , which addes much to all their former afflictions : and then again some other new sieges or occasions drawing one or both armies thither afresh , so soon as the miserable country people have gotten any thing about them , they are , to their endlesse vexation , exposed afresh to all the fformer miseries of wars , sieges , and never eased of them till the garrisons either be demolished or disbanded . from all which experimentall arguments , and real demonstrations of undoubted verity , all rational men whatsoever , and no doubt the whole nation , country , inhabitants of garrisons , with all consciencious self-denying statesmen and souldiers , who really intend or affect the peoples true weal , ease , or safety ( the supream law , the principal end of war , peace , garrisons , armies , parliaments , councils , magistrates , government and higher powers ) as the army-officers themselves remonstrated , in the very worst of their remonstrances , nov. . making it the basis of all their exorbitant unparalleled demands therein , & of their violent proceedings in pursuit of them ever since ) will and must henceforth confesse , conclude against all erroneous opinions and practises to the contrary ; that the raising , fortifying and holding up of garrisons , kept by mercenary soldiers , even in times of civil or other wars , is so farre from being a protection , advantage , security to the nation in general , the garison inhabitants , owners of garrison'd castles , or houses themselves , or the country adjoyning to and contributing towards them ; that they are their greatest oppressions , grievances , calamities , plagues , burdens , vexations , damages , tortures , heart-breakings , and usually the chief occasions of their oppression , utter ruine , desolation , devastation in war and peace ; and so in reason , justice , conscience , prudence , ought to be eternally exploded , dismantled , disgarrison'd ( as well as sundry heretofore and of late , there being the selfe same reason for all as for any ) for the nations , inhabitants , countries ease , peace , weal , and future exemption from all the forementioned evils and miseries attending them both in peace and war , without delay or further dispute , by all in present power , or by the supream authority of the people themselves in their wilful neglect or delay out of any sinister or self seeking ends or designs whatsoever , which their publike ease and benefit should outvie . . that in all times of civil or other wars within the nation , the true interest , safety , preservation and protection of the island and peoples persons , estates , laws , liberties , inheritances , rights , consist not in our garrisons , or any mercenary officers and soldiers , english or forraigners , modelled or new modelled into a field army , since mercenaries , as well domestick as forraign , in all ages have ever sought nought else but their own private lucre , honor , power , advancement to places of greatest authority , gain , trust , and frequently ( after good successe in wars , presuming on their strength and merits ) have supplanted , subverted , suppressed , destroyed those very powers and 〈…〉 who first raised , paid and confided in them 〈…〉 their preservation , and preferred their own mercenary officers and generals by treachery , murther , perjury and open violence to the imperial and royal thrones of their lawful soveraigns and superiors ( murdered and deposed by them ) as the * roman histories and others ; the practice of the mamalukes — in egypt ; of alexander the great his own captains , who notwithstanding their extraordinary pretences of honor and respect unto him and his , not only poysoned himself ( as some authors write ) but murdered his own son , heir to his empires & conquests , together with his mother , wife , & all his remotest k●n●e● that might lay claim to his dominions by hereditary right & then divided his territories between themselves made , crowned & styled themselves kings ; and then by gods avenging iustice out of covetous , ambitious spirits , warred upon each other so long , till they had all murdered and slain each other as arrianus , plutarch , justin , curtius , diodorus siculus and dr. usher in his ecclesiastical annals of the old testament record at large ; with † other innumerable presidents abroad ; and the practice of vortigerr , heng●st , horsa and divers others at home , sufficiently manifest in all times , with scripture presidents likewise : but our real interest , protection , safety resides next under god ) in the nobilities , gentries , and peoples united voluntary , unmercenary defence and protection of themselves in and by their own persons , with their own arms servants , sons , tenants , retainers , according to their respective abilities ; as appears by the politique original institution of ancient * tenures in knights-service , escuage , castle-guards , and the like ; the old charters of our corporations and cinque-ports , obliging them to finde a certain number of men and ships at their own costs , to defend the realm in times of war ; with all ancient writs , commissions , precepts for arraying the people of the realm in times of war and danger , according to their tenures , estates , customs , to defend the realm and themselves from invading enemies at all times ( cited in the printed arguments concerning ship-money , and the * declarations both of the king and parliament concerning the commission of array ) all former statutes concerning arrays , arms , musters ; and the old long continued practice of our train's-band in each county and corporation , formerly reputed the nations chief security in intestine and invasive wars , with the late militia's raised on and by each county at their own vast expence to defend it and the nation , as the best & safestguard when all sorts were commanded to serve in person , ( notwithstanding all garrisons , mercenary field-forces , and the army then and since continued ) as our safety . and indeed common reason proves , that as every man loves and prefers his own person , family , estate before a strangers , or any others ; so he will more vigilantly , sincerely , effectually defend and protect them from enemies or dangers then any mercenaries , how trusty and valiant soever they be . and as every true shepherd and owner of sheep is more careful to defend and preserve them from thieves and robbers with the hazard of his own life , then any stranger or hireling whose the sheep are not , who will slie and desert , or else help to prey upon them , and play the thief himself in times of danger or advantage , as christ himself resolves john . so every able private person , family , parish , town county , association ( and by like consequence the whole nation ) will better , cheaper , and with lesse inconveniences by far , defend and secure themselves by their own unmercenary persons & arms voluntarily united according to their respective abilities , without any general forced taxes and illegal excises imposed and continued on them against their wills , then any mercenary officers and soldiers whatsoever , ( who making onely a trade and gain of war wil therefore spin it out as long as the nation or people have any moneys or estates to pay and inrich them ) and will sooner conclude and settle peace upon their own terms upon all overtures and occasions , then mercenaries , who neither desire nor intend our publike peace in reality but interrupt it all they may when neer concluded , ( as in the late treaty ) with armed violence both against king and parliament . uupon which grounds our ancestors never usually entrusted any mercenary armies , but themselves alone with their own and the kingdoms defence , scarce ever imposed any taxes on the people by publike parliamentary authority in any civil wars and very rarely ( except a subsidy , or fifteen now and then ) for the kingdoms defence against forraign invasion ; but onely for their invasive , defensive forraign wars in france or elsewhere . why then the whole nation , nobility , gentry and people of all sorts , should not now again be trusted with their own arms and self-defence , as well as in former ages , being their native priviledge and birthright , their onely best security and prevention against all publike enemies and invaders , but are forced to pur their armes , lives , estates protection into the hands of mercenary officers , soldiers garrisons , who notwithstanding their vast endlesse expences for their pay , have so often abused , violated their trusts , lengthned our old , engaged us since in successive new wars against our protestant brethren and confederates themselves , and have almost eaten up all our real & personal private estates , with , the whole publike ancient inheritance and standing revenues of the nation ; let all prudent statesmen , and patrons of their countreys rights and priviledges resolve ; the rather , because our mercenary soldiers , garrisons , forts , are so far perverted from their primitive use , to preserve our persons and estates from enemies and violence , that they are now made the only janazaries , goalers , goa●s , prisons forcibly to seise , imprison , close imprison the persons , ransack the houses , studies of the emminentest parliament members , patrons and freemen sufferers for our publike liberties , laws , propertiesr , religion ; and the onely instruments under the new guardians of our libertye , to bring the whole nation and all english freemen of full age , into perpetual wardship to these new seigniours , since the old court of wards for infants , only till they came of full age , is quite voted down as a grievance , though not comparable unto this , of men of full age ; yea , parliament members new strictest wardships and close restraints under armed garrisons and centinels of meanest quality in these garrison'd new courts of wards . . that maritine garrisons , forts , blockhouses at the entrance of our harbors ( as pendennis and s. mawdits castles at the mouth of falmouth haven , harwich , and others of that nature ) are altogether useless , unnecessary expensive charges to the republike , unable to hinder the ingress , egress , or regress of any warlike ship , ships , or navy into the harbors , much less to sinck them , with all their cannon-shot , which i shall thus demonstrate . . in dark nights , and misty days , mornings , evenings ( which take up neer halfe the space every yeere ) they can neither clearly see nor discern any ship or vessel passing into or out of their harbors , muchlesse then hinder their free ingress or egress by shot or otherwise , when they cannot so much as see them . . in clear sunshine dayes , and moon-shine nights , any small vessels ( much more then resolute men of war , and whole squadrons , navies ) may safely pass and repass into or out of these harbors , or anchor in them without any great danger , harm , or sinking by their cannons ; which standing for the most part high upon the land ( especially at new flood , half tide or ebbe ) and not levell with the sea at full tide ; and being likewise not halfe so many in number , not so large in boar , as most men of warre now carry in one tire or side , discharged for the most part at rovers by unskilfull gunners and matrosses one after another , and fixed upon one platform , whence they cannot easily or speedily bee removed , can hardly in several shoots so much as hit any one single vessell , much lesse hurt or sink it in its passage under saile by these forts and blockhouses , being past their levell and danger at the first discharge of their cannons over against them , and quite out of it ere they can be recharged ; much lesse then can they stopp , sinke or mischiefe an whole navy or squadron of men of warre , which i shall demonstrate by several instances old and new , beyond contradiction . . sir francis drake in his famous voyage to the west-indies with a small squadron of ships , entred five of the chiefe ports the spaniards there held , took and fired their ships there riding under their castles , forts , blockhouses , and pillaged their towns themselves , notwithstanding all their cannons and artiliry playing upon his ships , both from their forts , castles , blockhouses and ships there riding , and that without the losse , sinking or spoyling of any one of his vessels : and some other english sea . captains then and since did the like , as mr. harkluit in his printed voyages at large relates . . our english navy in queen elizabeths reign , in their expedition against cadez , tooke the whole iland and city in one day , burnt and tooke all their ships , treasure , magazine and ordnance there , notwithstanding all their forts , block-houses , numerous mounted cannons discharged against them , without the loss or spoil of any one ship , and of very few men , as mr. cambden , speed , and others inform us in her life . . the hollanders both in the east and west-indies have frequently entred the spanish havens with their ships , in despite of all their cannons , forts and blockhouses , anchored in them , and pillaged , fired , took the spanish vessels riding in them under their castles , without the sinking of any one man of warre by their cannons firing , as the history of the netherlands , purchas and hackluit in their voyages , and others record . . the dutch men of warre , and other vessels have sundry times in a drunken bravado , at mid-day passed in and out of our harbors at harwich , plimouth , falmouth , & southampton , without striking fail to the forts there , and gone away without any hurt , danger , stop , notwithstanding all their cannon-shot to bring them in , as i have heard by many credible eye-witnesses . . sir robert mansel in his voyage against algier , with his boats fired sundry of their ships , drawn on shore under their castle-walls & blockhouses , without the loss of one boat or ship , and very few men , notwithstanding many thousands of cannon and more of musket-shot from the castle and ships , as captain george carteret who saw it , and was active in it , informed mee whiles i was prisoner in jersey . . since our late unhappy wars , two very small squadrons of our ships successively landed the parliaments forces under the very blockhouses and forts of scilly and jersey , without the loss or hurt of one ship or barque by their cannon shot , and with the loss of very few men , and reduced the castles and ilands too with a farre lesser land-force then the king had there in arms to defend them . since this , sir george ascough with a smal navy entred into the chief part & harbor at the barbadoes , took & brought out thence fourteen or more dutch vessels , and others riding therein , passing and repassing , without the loss , sinking , hurt , of any one ship , or slaughter of one man , within half pistol shot of their castle and blockhouses , which plaid upon his ships all the time with their cannon & musket shot ; and soon after he reduced the whole iland notwithstanding all their forts and forces ; as the printed diurnalls and relation of its taking , and letters thence inform us . . since this i read in our diurnalls , that prince rupert took some of our merchants ships riding under the castles and blockhouses of our english plantations in the indies , which played upon him with their cannon without hurt , he returning them two cannon shot for one , and riding within musket shot of them without any fear or hurt . . to come home to pendennis castle and st. mawdits , so much cryed up as the most usefull and considerable of all other : whiles they were in the kings power since these warres , as the inhabitants and some souldiers assure me , a single man of warre of the parliaments party in the day-time entred the harbor , boorded , took and carried away thence a rich ship there riding in the view of both the garrisons , notwithstanding all their cannon shot and block-houses , without any harm at all , shee shooting as fast at the castles as they shot at her , and so departed with her prize . . since my imprisonment in pendennis castle , a turkish man of warr at mid-day , in the view of all the garrison , and my selfe , came up to the mouth of the harbor , and very neer the blockhouse , took a great english lighter of thirty tun , sunk the vessell in the place , and carried away some twelve persons in it prisoners into sally or tunis ; after which , she came close up to the harbor two or three mornings together till chased away from thence by a man of warre ; one stout ship of warre being a better guard against pyrates and sea-enemies then all the maritine forts and garrisons , being able to pursue , fight and take them , which no forts or garrisons can do . not long after a little pink , not above nine or ten tun , anchored some three dayes together just between pendennis castle and st. mawdits , to carry away tinne , as was supposed ; sir george ascough sailing within view of the castles with his whole fleet towards plimouth , ( some eight days before his fight with ruttier ) sent four men of warre to convey such ships as were in the harbour to plymouth ; two of them came into the harbour , the other two plied up and downe at the mouth of it , till the other two came out of the harbour to them : this little pink thereupon hoysed saile , as if she were bound for plymouth with them , without any discharge or leave from the castles ; whereupon they shot two warning pieces over , and under her , to bring her in for this affront , and to make her pay for the shot and custome of tinne , which they imagined she had stollen ; i looking on , the captain , gunners , and souldiers told mee , they would warrant mee shee would come in and submit ; but i observing her course , told them , shee would no more come in to their lure then a wilde hawke got loose ; whereupon both castles discharged their cannons in earnest , to hit , sink , or bring her back through fear , but shee in despite of them ( though there were two men of warre before , and two behinde her under saile ) got away from them all without any hurt or stop , the whole garrison looking on . vvhereupon i laughing at their confidence , and uselessness of these castles , ( serving only to shoot away * powder and bullet in salutes and frollicks ) told them , that our wise statesmen and the kingdome were very much overseen to keep two castles , three or four blockhouses , so many score cannons , gunners , souldiers , and matrosses there , as cost them eight or ten thousand pounds a year , under pretence to secure the haven and nation against enemies and pirates , when they could not at noon day ( as they now saw by experience ) so much as stay , take , hurt or sink one little pink of nine or ten tun with foure or five sea-men onely , and not one gun in her , when as there were four men of war under sail so near her , and she had stolen customes : much lesse then could they stop , hurt sinck any stout man of war , or an whole squadron of ships or navy , or hinder them from entring the harbor , riding or landing there , and returning at their pleasures , their pieces and blockhouses not commanding one half quarter of the harbor when entred , not being able to hurt or sink them in their entry or retiring , as i clearly demonstrated to them , then and afterwards , especially by these unanswerable experiments in our late sea fights . collonel blake ( my countrey-man ) in his first sea fight with van trump , as his and others printed letters relate , had many scores ( if not hundreds ) of broad sides discharged against his ship by the dutch , at nearest distance , by far greater better cannons , cannoneers and tyres of ordinance , charged with chain and cross●a●● shot as well as bullet , lying nearer the water then any guns in pendennis or st. maudits castles , blockhouses , or in any other of our forts , receiving no less then . cannon shot in his hull , tackling m. st ▪ sa●ls , after which he received in his ship as many or more broad sides and shots in his third fight with the dutch in their return from france with their merchant ships ; and sir george ascough received neer as many in his ship in his fight with ruttier : yet all these road sides & thousands of shot , did neither sink split , fire , nor make unservicable either of these ships , which were soon repaired , neither did they kill any store of their men with their cannons , their musket shot and boording only doing their men most harm . therefore questionless so many thousand cannon shot discharged against any other stout single ship or man of war from these castles and blockhouses at greater distance , uncertainty , and higher level , with smaller ordnance balls , by worser guners can neither sink nor spoil her , muchless sink , h●rt , spoil , stop or take an whole squadron of ships of war ( which our whole fleets can hardly do ) when they cannot come neare to board or fire them ; & by this proportion , all the powder , cannon shot , bullets , guns in both castles would not be sufficient to sink or spoil one single ship riding at anchor within their command , muchlesse in her passage in or out , since . shot in her bulk , sails , masts and tackling would not do it ; and half of the cannons discharged would not hit , but passe besides her : therefore to keep up such castles and blockhouses to secure harbours , sink ships , and hinder any fleets or squadrons of ships from entring or harbouring in them , was but a prodigal oversight and mistake : there being never any warlike ship yet sunk by our forts & blockhouses since their first erection , for ought i could read in history , or hear by information from credible witnesses ; nor any navy repelled from entring , riding , or landing by them , had they a resolution to do it , as the premised instances with sundry others manifest . ( and one since these aphorisms penned namely general blakes fireing the turkish ships lying under their very strongest castle walls , notwithstanding all their cannons , blockhouses , ships playing upon our ships , assaulting them and beating down their castle about their ears , with the cannon from our ships , without the loss , sinking , spoile of any of our ships . ) a sufficient demonstrative evidence of the uselesness of maritine forts and blockhouses , which in truth are meer idle scarecrows and bugbears to fright raw cowardly sea-men , not daunt or keep off experienced resolute ships or marriners . vvherefore to draw towards a conclusion , i shall onely adde , that the onely pretended use of mercenary garrisons and souldiers , , being but to defend the peoples persons and estates in times of necessity , when and whiles end angered by a potent enemy in actuall armes , who are secure enough without them , when , where and whiles there is no such visible enemy to assault them ; it can be neither justice , equity , conscience , honesty , good husbandry nor true state-policy , to continue any such garisons or feild souldiers on them to their vast expence and undoing , ( now there is no armed enemy in the island , and so strong a fleet at sea to secure them against forraigners ) upon endlesse , full and constant former pay , without any necessity or actuall service till the next spring or summer , because then peradventure , there may be some new imployments for them , ( at home or abroad , ) onely to enrich the mercinary officers , souldiers , and oppresse , undoe the undone people , lying down like issachars under both these heavy burthens of mercenary garrisons and a mercenary field army too , even with broken backes and bleeding hearts , without ease or commisseration , notwithstanding all their clamours . no present ruling potentates or states-men ( who should help and right them ) will be such prodigals or ill husbands of their owne purses and estates , as to keep those reapers , mowers , who have cut down their corne and done their harvest work the last summer , in ful constant harvest pay all the following autumne , winter and all the succeeding spring till the summer harvest come again , without any other usefull work or imployment for them , till then , because peradventure they may then imploy them again for a month or two in reaping and inning their next yeares crop , which they have not so much as sowen , and are yet uncertaine whether to sow or not ; which if they did , would render them ridiculous to every country clown , who hath so much policy , and frugality , as to discharge his mercenary harvest folke so soone as they have ended their harvest worke , and not to keep them still idle and pay them harvest wages till the next summer ; because he can then , if need be , soon hire them or other reapers , mowers , when his corne is ripe for cutting , not before , for lesse then one quarter of the money their pay would come to if kept in hire till that time , without doing him any other service : and shall our wise new statesmen then be such prodigals and ill husbands of the exhausted peoples purses and estates ; as to keep many thousands of mercinary field and garrison horse and foot in constant full pay , ( who many moneths since have done all their sommer and present publick worke for the peoples safety , ) all the censuing autumne , winter , spring in no actuall necessary service for them at all , onely because perhaps they may make use of them the sommer following , or a year or two hence ( if then ) to cut down imaginary armed enemies in the field or island , if any then appeare to invade the peoples persons and estates ; of which there is yet no probability . verily if they shall still do thus , every country peasant will despise , deride and ensure this their folly and unthriftinesse , and the whole exhausted oppressed nation condemne , if not casheir them for such grosse imprudence . certainly every rich private statesmans , noblemans , gentlemans , peasants house , person , in these necessitous times , when theives are so busy in all parts of the nation , are in greater danger of being robbed , plundred , murdred by murderers and robbers , then any garrison , towne or village to be piliaged by any forraigne forces or domestick enemies , appearing in no parts of the isle , nor likely to do it ; yet none of them will be so ridiculous , prodigall , or distrustfull of gods protecting providence , as upon their owne purses to hire any horse , or foot perpetually to guard their persons , houses day and night till the next sommer , because some theeves and robbers ( these long tedious winter nights ) may probably assault their houses , steal their moneyes , plate , goods , or murder their persons , but will ease themselves of this cost and charge , till they be certainly informed of a company of robbers conspiring for to plunder , rob , or kill them about some certain time , or have news that they are ready to execute this designe ; and then they will time enough summon their domestik servants & freinds to encounter , and surprise them if they come : and should they not then intrust the peoples persons , estates to gods protection and their owne , at this present , without any mercenary garrisons or forces to guard them against their wills or desires , to their superfluous vast expence , when there is farr lesse probability or feare of danger to them in generall from armed enemies , then to their owne private persons , houses or moneys , from theeves and robbers ? if they be thus continued on them , onely to enrich the officers , souldiers , and secure their own usurpations , intrusions , or over ruling powers ( preferred before the peoples ease or weal ) under a pretext of danger from some enemies that may or will infest , plunder , destroy the people so soone as the army and garrisons are disbanded ; we shall then desire , that all officers , souldiers unwilling to disband upon this pretence of great imminent danger for the peoples more certaine security from enemies , and meriting of their future pay , may be strictly enjoyned to put on all their armes , and draw up all their forces in battalio , where they most feare the enemies , in the field ; and all their garrisons likewise kept in a constant standing posture to receive the enemy , in their respective forts ; and there to stand night and day in their compleat armes , in a perpetuall readinesse and posture of defence , till the next sommer and our fears be ended , without putting off their arms ; as our * king richard the first kept the bishop of bev●ies taken prisoner by his forces in the field , harnessed from head to foot , in his iron armes night and day , above two months space , without suffering him all that time to put them off , lest some enemies should surprise them , our island & garrisons on a sudden , ere they could arme or put themselves in an actuall posture to receive them , if permitted once to retire into their winter quarters for their ease ; and then we suppose these pretenders of imminent danger , only to get pay , when and where they neither do nor can do the people the least reall publick service , but greatest prejudice , as the premises evince ; will soone become as humble and earnest petitioners to our present swaying powers who continue them , and to the people ( who desire it ) to be forthwith disbanded and sent home again to their friends & further imployments as this harnessed bishop was to our king richard himselfe , the pope and his brother prelates , to be disrobed , disarmed of his heavy iron rochet , so long keept on his back and body to his little ease and lesse content ; it being altogether as just , equitable , and reasonable for them to keep the army and garrison soldiers in this unreasonable hard constant duty and armed posture day and night till they be disbanded , as to lay unsupportable endlesse taxes , excises on the oppressed peoples backs to maintain them in constant pay to their intolerable oppression , till the next sommer or longer upon the premised pretences . if any now demand ( as many officers and souldiers oft do , being their chief plea against disbanding ) how shall the officers and souldiers live , after all their good service in the wars , if they shall be now at last disbanded to ease and pleasure the people ? the answer is very obvious , just and equall . . how shall the poor people live or maintain themselves and families , if these garrisons and mercinary forces be still continued , being already like to starve ? . how do the poor people live who are still enforced to give them full pay and maintain them in idlenesse without any labour , to do very little duty , & that wholly useless , in field or garrisons ; wherein their onely necessary , uselesse , present dutie is , to stand centinell once or twice a week , one houre or two ; to take tobacco , play , sleep , drink , and cry stand ; or , who goes there ? to one another in the night , as they passe by the centinels ; to as much purpose , in relation to the peoples safety , as one night-owles crying , hallowing is to another ; or to demand of those that enter into the garrisons in the day time whence come you ? what are you ? what is your name ? businesse ? whom would you speak with ? have you taken the new engagement ? else you must not enter the fort or garrison , no not alone in these times of no danger , as if one disarmed non engager might surprise an whole lasie fortified garrison , in the day time , aswell as a sleeping one in the night ; how much more then an armed enemy ? which learned questions standing the nation in very many thousand pounds every year in garisons now kept up , as much concern the peoples security from enemies , as the ministers interrogating of children formerly in the church , what is your name ? who gave you this name ? and to maintain near a thousand block-headed slothfull-gunners in blockhouses and garrisons only to shoot away above six or seaven thousand pounds worth of powder in courtship , and frolicks to ships , and visitors every year , who deserve rather cashiering for this their prodigal and onely dutie , for which they receive great constant pay . certainly their country pay-masters live not by such idle , uselesse , fruitlesse , rare duties ; but by hard studying , sweating , labouring night and day in their honest lawfull callings usefull for the publick ( the whole profits whereof these idle lurdanes must still monthly devoure for such ridiculous services , and new kinde of catechising the people ex officio like our cashiered unpreaching curates ; ) and so must these officers and souldiers too , if they cannot otherwise live aswell as they . . how did they live and maintain themselves before they were listed souldiers ? surely not as now , but like other christian people , by labouring daily in their lawfull callings , living frugally , soberly , obediently like others of their equals , not in such idlenesse , luxury , pride , & state as since : and is it not possible that they may , yea just & equal that they should thus live and maintain themselves now , and not still live like idle drones in great sloath , pompe , state , and honour upon the honey of the poore painfull bees . how do many hundreds of formerly disbanded officers , souldiers now live and maintain themselves , who did as much , and good service as those now in pay ? doubtlesse by returning to the diligent exercise of their former callings , or some other good imployments , or going to some lawfull forraign wars . . if any old officers and souldiers in present service be so poor , that they know not yet how to live if they be now disbanded , certainly it is through their own ill husbandry , pride , or prodigality ; never officers or souldiers in the world being more royally , duly , justly paid and rewarded ( especially in a civill war ) than they have been ; whereby thouof them ( especially generals , colonells , captains , and superiour officers , with many inferiour ones likewise ) are grown exceeding rich and wealthy over what they were before the wars ( which have undone most others ) and are lately beyond expectation , become the greatest purchasers in the nation of the richest publick and private mannors , seates , revenues , offices ; this civill war being the richest trade they ever yet met withall in their lives , which makes them so unwilling now to give it over ; & to continue these poor unthrifty souldiers still in pay till they grow as rich as these their fellowes , is to be worse husbands for the nation for the future , than these unthriving officers and souldiers ( who have not yet gotten enough to live by the wars ) have been for themselves in time past , and that onely to maintain and enrich them with the whole nations ruine . . the plain meaning of those who make this demand is , that they expect and intend our mercinary armies , and garrisons shall by one means or other , be continued in pay , and our wars not ended , our peace not settled till doomsday , or at least so long as the people have either lands , stock , goods , or moneys left , to pay heavy unceasing taxes and excises for them to live upon , at that high , lasie rate as now they do . but better ten thousand times such idle wretches should be disbanded , though they starve and perish , if they will not betake themselves to some honest vocation to live by it ; then that the whole nation should starve or perish , to keep them and our unnaturall , unchristian wars still a live , to murther our own christian brethren or allies , of purpose to keep our armies and garrisons in action and preserve them from present or future disbanding . as * war and the oppressing sword of war ( especially when civill ) are in gods own judgement and all wise mens , the severest curse , plague , punishment , that god in his wrath can here inflict upon any people for their sinns and wickednesse , as including all sorts of other evills , spirituall and temporall , in its bowells ; so for any to make a trade of war , & to continue , perpetuate this heaviest plague and curse upon their own native country without absolute necessity , or just grounds , is the worst of crimes and treasons ; and those that are guilty thereof the worst of traytors , of christian men , unworthy the name of saints or christians , whatever their pretences be to colour it . if therefore machiavills atheisticall infernal paradox ( applauded and oft justified in print by his new disciple * politicus ) he that hath once drawn his sword against his lawfull soveraign , must throw away the scabbard , and never sheath it more ; no , not after he hath cut off his soveraigns head therewith ; hath prevailed more with any machivilian states-men or sword-men , than our saviours own more sacred christian gospell precept and speech to peter , when he drew his sword , and onely cut off malchus his ear ( not head ) coming then forcibly to apprehend our saviour ( who presently cured his ear again , and gave this command to peter , though certain himself to be crucified , if then apprehended ) put up thy sword into his sheath again ; for all they that take the sword , shall perish with the sword ; and therefore upon his diabolicall advise they peremptorily resolve to keep our mercinary armies garrisons swords still drawn , and unsheathed amongst us , without ever putting them up again , upon the peoples dry drained purses , notwithstanding all their cries and premised reasons against it ; ( not for the peoples safey , which cannot now be so much as henceforth surmised , after this discovery of its grosse imposture , but for their own private present and future indempnity alone . ) let all such cheating oppressing unrighteous machivilians assuredly know ; that these words of christ will certainly prove true and take hold of them in conclusion , he * being truth it selfe that spake them ; and that such who resolve to live in warre still , shall never die nor rest in peace , but perish by and with * the sword at last ( as pompey , cyrus , pruda , and others have done , ) though they had all the garrisons and armies on earth to protect them ; whom god in his justice , if other instruments be wanting , can make their unexpected executioners in stead of guardians , when they wander out of his protection in wayes of violence , oppression , rapine , blood , warre , discord , and will neither know nor pursue the wayes of peace and christian unity , for the peoples publick ease and whole nations welfare . finis . notes, typically marginal, from the original text notes for div a e- sam. . . chr. . . , sam. . , , , . c. . , , . c. . † m●rcator , heylyn , sir thomas smah . * kings . . sam. . , ● hab. . . dan. . . * josh. . , . c. . , . c. . . to . sam. . , . kings . . to . chr. . , &c. * josh. . ● , , . c. . , , . kings , . c. . , , , &c. isa. · , . c. . . jer. . . ezek. . . to . — amos . , , , , . c. . , , . isa. . . c. . , . ez . , , . * hab. . . josh. . . to . king. . . chron. . . c. . , . sam. . . dan. , . zeph. . . * see entropius zonarus , and grimstons imperial history . † heylyns microcosm , p. . , , , , , , , , . to . * see cooks . iust. * exact collect . p. . & . . &c. * they have often discharged , , , , cannons or more at a time to ships coming in , & the ships as many to them , since my imprisonment there : a strange prodigality ! * roger de hovesd●n annal pa●● posterior p. . mat westm an. p. . gal. nubigensis . l ● . c. in antique ecclesia brit. p. hol●nsh●d p. . . chron johanis bu●öt con●●●or● ● . ●● . quest . answ. * deut . . c. . to . levit . . to . kings . . ezr. . job . . . isay . . . c : . . c. . jer. . . to c. . . c. . . to . c. . . to c. . c. . . to c. . . c. . . and c. . c. . . to . c. . , c. . , , . ezech. . . to . c. . . c. . . to . jer. . . . tos . i●ay . . . cron. . . * who hath printed it many times with 〈…〉 approbationpunc ; mat. . ●. . * lam. . . rev. . . . * john . . gen. . . ten quæres upon the ten new commandements of the general council of the officers of the armies, decemb. , ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ten quæres upon the ten new commandements of the general council of the officers of the armies, decemb. , ... prynne, william, - . p. s.n., [london : ] attributed to william prynne. cf. bm. place and date of publication from wing. reproduction of original in huntington library. eng england and wales. -- army. -- council. -- agreement of the general council of officers of the armies of england, scotland and ireland. great britain -- history -- commonwealth and protectorate, - . a r (wing p ). civilwar no ten quæres, upon the ten new commandements of the general council of the officers of the armies decemb. . . prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion ten quaeres , upon the ten new commandements of the general council of the officers of the armies decemb. . . now declaring themselves , the only supreme legisers , and absolute soveraign lords of our three kingdoms of england , scotland and ireland , by what just title from god or man , we yet understand not , unlesse it be from the * man of sin , opposing and exalting himself above all that is called god and worshipped , by his own usurped authority and ambition . whether the nobility , gentry , ministry , citizens , yeomen , and other freemen of england , scotland , and ireland ( the supreme authority and legislators of the . nations by the army-officers former votes , declarations , agreements of the people , and the rumps too ) have not better reason and authority to agree and vote , that the government of england , scotland and ireland , and the dominions and territories thereunto belonging , shall be in the antient legal , safe , honourable , known way of a kingdom , and monarchy , by an hereditary lawfull king , according to the fundamental laws , oaths , protestation , league , covenant , the parl. and these officers former numerous declarations , remonstrances , and proposals , than in the way of an unknown , unborn utopian free-state and commonwealth ; the bare notion whereof without any conception or production , hath involved us in . years dangerous wars , confusions , distractions , revolutions , without any probability of ease , tranquilliey , or settlement ? . whether they might not with as good authority and reason have agreed , that they will not have god himself , and jesus christ ( who are not excepted , but included in their vote , ) to exercise a kingship in th●se nations ; nor any single person to exercise the office of chief magistrate over the city of london , or any other city or corporation in our . kingdoms : or the office of a general over any of our armies , or admiral over any of our fleets ; or of a collonel or captain over any regiment , troop , company , ship in the armies , or navies of these nations ; or one speaker to sit in any parliament , or one chairman in any committee , or one head to exercise any authority over the natural bodie of any officer , souldier , man , woman , child within their new kingless , headless free state and commonwealth ; as that they will nst have kingship to be exercised in these nations , nor any single person ( out of which fleetwood , lambert , & all other maried , ‖ double-souled officers are excepted , being no single persons ) to exercise the office of chief magistrate over the same ? and whether these voters have not lost their heads or brains at least , & passed this vote out of pure necessity , because for the present , their chieftains cannot or da●e not claim a kingship , or monarchieal protectorship over us , through others oppositions , though they ambitiously desire it , as well as their deceased ambitious bloudy tyrant oliver ? whether they had not with better justice voted ; that there shall be no l. fleetwood , l. lambert , l. desbrow , l. h●wson , &c. nor any general council of lording lordly officers of the armies of england , scotland and ireland , nor wailingford house , taking upon them a power which no lords house ever used , to impose laws , not only on the soldiers , but lords , commons , and freemen of our whole . nations ; than that there be no house of lords , or peers ? and whether they may not order the lords house at westminster , and all lords houses within our . realms to be demolished , by the letter of this vote ; and deprive the lords and peers of their hereditary mansion-houses , lands , as well as of their honors , peerage , and session in parliaments ? . whether the general council of officers●●y their former and late instruments , votes , and this their agreement , whereby they usurp both the legislative and executive power over our . nations and parliaments in the superlative degree , ( which no military officers or council under heaven ever did before them in any age or nation ) have not already contradicted this their agreement , that the legislative and executive power be distinct , and not in the same hands ? and whether either of these powers ought to be henceforth intrusted in their hands ? . whether henry garnet , guy faux , with the rest of the old gun-powder-traytors , who sate in counsel together how to blow up the king , lords , and parliament in the d. year of king james , and all those persons and every one of them , who since the . of october . have acted and executed any treason , murder , rape , robbery or villany whatsoever for which they deserve execution at tiburne ; may not with as much authority , justice , law , equity , indemnify themselves and all their confederates both in their persons and estates , for all such things as have bin done by them , or any of them , or by any acting under them in pursuance of their authoritie ; as the council of officers and their committee of safety can indemnifie one another , and those who have acted under them , for all such things as have been done by them or any of them , in pursuance of the instructions given them by the council of officers ? whether this be not an open in-let and * incouragement to all treasons and villanies whatsoever , for these officers and their instruments to act new treasons and violences over and over against the parliament , king , lords , commons , kingdom , people , with most daring impudencie , and then to force and procure an act of total indemnity and final oblivion for them , as to their persons and estates , when perpetrated and committed ? . whether such persons as have acted , done or spoken any thing before or since the first day of october , . for charles stuart ( their * undoubted lawfull king ) in pursuance of their oaths , vows , protestation , league , covenant , the laws of god and the realm , the declarations , orders , ordinances , remonstrances of parliament , and army officers themselves whiles in their right wits ; do not better deserve an act of indempnity , and perpetual oblivion both for persons and estates for all and every thing and things , acted , done , spoken , ordered , or suffered to be acted or done , with respect to raising of forces , issuing of mony , and proceedings of any kind for his service ; than all and every of the council of officers of the army , their committees of safety , or any other person or persons under them , for all and every thing and things acted , done , spoken , ordered , with respect to raising of forces , levying or issuing monies , proceedings in any courts of law , or otherwise , against the kings , parliaments , lords , commons , or rumps authority , and the known laws , liberties of our three nations ? whether their voting such an act of indempnity and perpetual oblivion for themselves & their confederates alone be not an evident confession and proclamation of their own guilt and treachery to all the world ; and their excepting of all such who have acted , done , or spoken any thing for or on the behalf of charles stuart , out of their desired act of indempnity and oblivion , a real argument & declaration of their * innocency , loyalty , and legality of their actions ; and the unsaint-like malice , part●ality , injustice of these guilty voters in indempnifying themselves and all their adherents only against the highest treasons and rebellions , crimes that possibly can be perpetrated by men ; and yet exposing all royallists to the extremity of justice , ( if delinquents as they doom them ) only for their loyalty to their liege-soveraign ? surely — dat veniam corvis , vexat censura columbas , was never so really verified by any as these gracious army councellors . . whether their extraordinary zeal & care in providing , that such who profess faith in god by jesus christ , though differing from the doctrine , discipline , and 〈◊〉 publickly held forth , shall not be restrained from , but shall be equally protected and encouraged in the profession of the faith and exercise of their religion , so as they abuse not that liberty to the civil injury of oth●rs : doth not open a wide door to all damnable heresies , blasphemi●● , sects , opinions whatsoever , to the ruine of our churches and religion ; and give a free toleration , encouragement , and protection to all jesuits , popish priests , fryers , and romish emissaries whatsoever , under the disguises of other sects , & seperate congregations , professing faith in god by jesus christ , into which they creep to introduce the body of popry and jesuitis●● amongst us , both in theory and practise , ( as they have done of late years ) in a higher degree than ever ? whether any doctrine , worship or discipline can be said , to be publickly held forth , when all of all sorts are thus equally protected and encouraged by their agreement . how they can in conscience or justice in words provide , that this liberty be not extended to popery or prelacy , when they so freely allow it to all others , though hereticks or blasphemers , far worse than bare papists , or prelacy ? and whether their last restriction , nor to such , as under the profession of christ , hold forth and practise licentiousness , extends not principally to themselves , who under the profession of christ , hold forth and practise the greatest licentiousness , even to act all kind of treasons , rebellions , violences , rapines , murders , plunders , oppressions , perjuries , hypochrisies , atheistical impieties , sacrileges , treacheries and villanies , with greater impudency , indempnity , and incorrigibility ( after * publick and private seeming humiliations for them ) than they were ever yet acted in the world by men professing faith in god by jesus christ , or the true reformed religion ? . whether the impoverished , undone people of our three nations , have not far juster cause and reason to detain the arrears of pay pretended to be due to most of all the rebellious officers and forces of this common-wealth , ( as forfeited by their manifold treasons , rebellions , and mutinies against their superiours , and obeying only the wills , lusts , orders of their ambitious , mutinous chief commanders , whose devoted servants they are ) than they thus peremptorily to demand , that the arrears of pay to the armies and forces of the commonwealth , now due or incurred to them , or any of them ( though never so treacherous , rebellious to their lords and masters the parliament and people , who must pay them ) be with all convenient speed satisfied and paid ; before their repentance , and declared future obedience to the parliament and people , whose servants and mercinaries they only are and ought to be , in truth ? . whether the old secluded members , rump , nobility , gentry , free people of england , scotland , and ireland , or any free parliament elected by them , can with honor , justice , or the publick peace , safety , settlement , after so many former and late rebellions , treacheries , perjuries , breaches of protestations , covenants , commissions and ingagements of all sorts , by the army and their officers , condescend to their th law ; that the armies , forces and navies of this commonwealth , as the same stood upon the . of octob. last , be continued and maintained under the same conduct , as the same stood upon the said . day of october , for the security , service , and peace of this commonwealth , and not to be disbanded , nor the condust altered until the cause contended for be secured ( and what that is we know not , unless that the army-generals and their council of officers may be our only kings , lords , and parliament legislators ; call and dissolve parliaments at their pleasures , vote & unvote what they will without punishment , and ruine our . nations without opposition ) and the government of this commonwealth , as is before proposed , be effectually setled : be not a most unjust , unreasonable command , exempting the army and officers from all subordination and obedience to any parliament , council , or power of the nation whatsoever ? an absolute imposing of a perpetual uncontrollable army , and iron yoak of bondage upon the . nations and their parliaments galled necks , who must only pay and raise monies for them , and obey their prescriptions ? and whether the officers and conductors of this army , who have so frequently disturbed , subverted the security , service , peace and settlement of our nations both heretofore and at present , and been so treacherous , mutinous , can be continued undisbanded for any other end , but only to act over their former tragedies and pranks of rebellion at their pleasures , and then force a new act of indemnity and oblivion to expiate them , and make themselves monsters of treachery , and parliaments the very scorn , shame , dishonour of our nation and the world ? . whether their th . and last agreement , that we whose names are subscribed , do hereby promise and engage by the help of god ( it had been truer , by the assistance of the devil , the * spirit who ruleth in the children of disobedience ) to stand by and assist each other in the obtaining of the things before mentioned , be not a new treasonable engagement against the lawes , liberties , freedom , privileges , birthrights of our nations and parliaments ; in opposition to the cities and common-councils declaration , dec. ● . well deserving all past arrears , and future pay , without disbanding ? whether those officers who have subscribed this engagement , be likely to observe it better , than they did their late and former engagements , to be true , faithfull , and constant to their new lords and masters from whom they received their commissions ? the faith , property of an army-officer and souldier , being now refined to this quintessence of atheism ; to be faithlesse , treacherous , perfidious to all others , and faithfull , loyal unto none , any longer or further than consists with his own interest and self-designs . whether there can be any probable or lively hope of curing the manifold desperate wounds , fractures , convulsions , confusions in our expiring church , state , or of establishing any lasting peace , government , unity or tranquillity in our distracted nations , without an impartial restitution of all real members of our english parliaments to their antient indubitable privileges , to meet , sit , vote with all freedom and security , without the least forcible suspension or seclusion ? and whether there be any possibility they should thus sit and act , till the prodigious parliament-interrupting , secluding , securing-dissolving general council of officers of the army , be totally dissolved , and the army in some good measure purged from all mutinous innovators , and masked romish emissaries ? the lord give them all grace unfeignedly to lament and repent the premised exorbitances , and this their new agreement , before they go hence and be seen no more . amen . finis . notes, typically marginal, from the original text notes for div a e- * thess. , , . ‖ james . . * eccles. . . ps. . , , . * jac. c. . jac. c. . . jac. c. . * mat. . , . c. . , to . c. . . * this fleetwood confessed at the guildhall last week . * ephes. . . to his excellencie the lord charls fleetwood, and the rest of the officers of the army this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to his excellencie the lord charls fleetwood, and the rest of the officers of the army fleetwood, charles, d. . england and wales. army. sheet ([ ] p.) printed by j.c. for livewel chapman, london : . signed: from several thousands of faithful friends to the good old cause, in and about the city of london. complaining of the army's neglect of its duty to the country and the cause. annotation on thomason copy: "april ". reproduction of original in the henry e. huntington library. eng england and wales. -- army -- early works to . presbyterianism -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no to his excellencie the lord charls fleetwood, and the rest of the officers of the army. [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to his excellencie the lord charls fleetwood , and the rest of the officers of the army . sirs , having obtained favour from the lord in this day of apostacy to be faithfull to him in the promotion of righteousnesse , so long contended for , which for sometime past , to the grief of our hearts , hath been slighted and publickly denied , by those , who formerly had solemnely ( before the lord and his people ) engaged for it ; and now after our so long waiting upon the lord , he hath been pleased to give us some grounds of hope , that we shall live to see the reviving of the good old cause , by the taste you have given us of your willingness to appear for it , in some of your late expressions . the understanding of which ( together with what we have observed by tracing the foot steps of providence in your late transactions ) giveth us ground to believe that you are returning in good earnest ; the thoughts , of which , incourageth us to present unto you , vvhat the lord hath powerfully put upon our spirits , as the result of our several meetings , wherein we doubt not but we have met with god . . that you consider when and where you turned aside from the way in which god was pleased eminently to own you ; and also whether you have not found a want of that presence of the lord going along with your counsels and affairs , which in former times you were guided by , when that you appeared singly for god and your country . . secondly , that you would take a re-view of that declaration of that memorable parliament , published in the year , march . wherein they express the grounds of a free state ; and that the same parliament ( who changed the government from kingly to a commonwealth ) may assemble themselves together , for the exercise of the supreme trust committed to them , in the prosecution of which on april . . they were interrupted . . thirdly , that you would consider who they were that from time to time have obstructed the faithful proceedings of those that are among you , whose hearts god hath touched with a sense of the great neglect of their duty to god and their country ; and be admonished forthwith to dismiss them , out of your councils and armies for time to come . . lastly , that you would consider who they are that have been ejected the army , or otherwise forced to forsake it , for their faithfulness to the cause of god and his people , in bearing their testimony against tyranny and oppression , and with all speed call them to their places , and admit them to your councils . in the doing of these things you vvill strengthen our hopes , that you are in reality and truth for god and his people , vvho vvill be thereby engaged to encourage and stand by you vvith their lives and estates ; otherwise our fears will be enlarged , that you are but daubing with untempered mortar ; and you may assuredly expect , that then the lord will depart from you , and all the faithful decline you . from several thousands of faithful friends to the good old cause , in and about the city of london . london , printed by j. c. for livewel chapman . . god in the mount, or, englands remembrancer being a panegyrich piramides, erected to the everlasitng high honour of englands god, in the most gratefull commemoration of al the miraculous parliamentarie, mercies wherein god hath been admirably seen in the mount of deliverance, in the extreme depth of englands designed destruction, in her years of jubile, and / by ... john vicars. vicars, john, or - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing v estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) god in the mount, or, englands remembrancer being a panegyrich piramides, erected to the everlasitng high honour of englands god, in the most gratefull commemoration of al the miraculous parliamentarie, mercies wherein god hath been admirably seen in the mount of deliverance, in the extreme depth of englands designed destruction, in her years of jubile, and / by ... john vicars. vicars, john, or - . [ ], p. printed by t. paine, and m. simmons for john rothwell and thomas underhill, london : . reproduction of original in union theological seminary library, new york. included are declarations of the house of commons and other documents concerning the role of parliament. some editions appear as part of his jehovah-jireh. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- anecdotes great britain -- history -- early stuarts, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion god in the mount. or , englands remembrancer . being a panegyrick piramides , erected to the everlasting high honour of englands god , in the most gratefull commemoration of al the miraculous parliamentarie . mercies wherein god hath been admirably seen in the mount of deliverance , in the extreme depth of englands designed destruction , in her years of jubile , . and . by the unworthie admirer of them , john vicars . jehova-jireh . genes . . . i will praise thee , o lord , with my whole heart , and wil shew forth all thy marvellous works . psal . . . commit thy cause to god which doth great things and unsearchable , marvellous things without number . job . , . deut. . . happie art thou , o israel , who is like unto thee , o people , saved by the lord ! the sheild of thy help , and who is the sword of thine excellencie ; and thine enemies shall be found lyers unto thee , and thou shalt tread on their high places . psal . . , , . the works of the lord are great , sought-out of all them that have pleasure therin . his works are honourable and glorious , and his righteousnesse endureth for ever . he hath made his wondrous works to be remembred ; the lord is gracious and full of compassion . london : printed by t. paine , and m. simmons for john rothwell and thomas vnderhill . . to the eternall , almighty , and most glorious , wonder-working , incomprehensible , and indivisibletrinitiein unitie ; jehovah-jireh . godin the movnt : j. v. his mostunworthie and sinfull servant doth dedicate and consecrate ( by christ jesus his only merits and mediation ) him-self and these his poor labovrs , to his everlasting praise and glory . to the right honourable , thrice noble and illustrious senatours of the house of peers in parliament . to our trulie honourable and most renowned patriots ; the house of commons , in parliament . right noble lords and englands commons rare , ( for , whom the lord hath joyn'd , disjoyn who dare ? ) your humble servant , vowed — votarie , hath to heav'ns-honour and your — memorie ☞ * most humblie , this pyramides — erected , hopefull , by your just power to be protected from sturdiest stormes which mischiefs mightiest blast may dare on it or your blest actions cast , by foule — aspersions , causelesse — calumnies , to rob-both us and you of our fair — prize , ☞ * even , happy halcyor daies , which , god , — by you , begins — to — bring to blessed britains view . whose eyes and heart ( late ) full of frights and tears your untyr'd prudence , providence re-chears courage — great patriots god is on your — side whiles you do to — his gospel — close abide . ☞ * go — on , like davids worthies , — valiantly , to curb — and crush truths-foes-malignity . go on , i say , like nehemiah's brave , like ezra's and zorobabels most grave to work — a pure , a perfect — reformation , as men most — famous in your — generation . ☞ * yea , — most renowned to — posteritie , as faiths fast — friends and — props of veritie . as wise repairers of those breaches great , which did both church and state so sorely threat . go on , though you great obstacles endure ; sol shines most clear , though clouds it ( oft ) obscure : heav'n crown your counsels ( still ) with good successe , and you and yours for all your labours blesse . so — ever — prayeth your most humbly — devoted , john vicars . to the right worshipfvl his most worthy and ever most highly honoured good friends , sir richard sprignall , sir iohn wollastone , alderman pennington , and alderman warner , together with each of their most truly virtuous and pious consorts , my singular good friends ; all of them eminent patrons and patterns of piety , vertue , religion and learning : j. v. unfainedly prayeth the most happie , fair and full fruition of the glorious effects of the plenarie-reformation intended by this pious parliament , here ; and of the saints celestiall beatificallvision , in heaven , hereafter . having by gods good hand of providence and direction ( right worshipfull and my most highly honoured good friends ) undertaken a subject of gratitude to our holy god in this succeeding historicall narration of all his wonder-striking parliamentarie-mercies to us of this english-nation , in generall ; i could not but reflect my serious thoughts on your worships as most worthie objects also of my thankefull heart , for many singular favours and courtesies toward me , in particular . and somuch the rather because of that which chrysostome , in his homilie on genesis , hath as sweetly as succinctly touched . nihil tam gratum deo & homini quam anima grata & gratias agens . nothing in the world is so acceptable to god or man as a gratefull-heart and a thankefultongue . the due and deep consideration whereof ( i say ) hath made me most desirous ( as most bounden ) to tender this ●umbl● and plain-sti●'d historie of englands god in the mount of mercies , ●r , englands remembrancer of gratitude to god for all the parliamentarie precious blessings most fully and freely conferred ; or rather poured-down upon her within these yeers last past , as a ●estimonie of my most thankfull-heart to your good worships for many both publike and private favours to me and mine . which historie though i ingenuously acknowledge it might well have befitted a far more fluent and high-soaring rhetori●all-penman than my poor and plain unworthie-self ; yet since it hath pleased the lord that my poor zeal for gods glorie hath thus prevented them , i most humbly hope and heartily desire candide and courteous acceptance of it and of my sincere desire and endeavour , mainly , to manifest my infinitely obliged gratefull-heart , first , to our ever-living and ever-loving wonder-working lord god ; next , to our most pious patriots , his precious agents and instruments in these great and glorious works ; and then to your worthie selves my much honoured friends : which my endeavour herein , though short ( i say ) of your judicious exp●ctation , and of the histories due desert , yet hoping it may remain as a pledge of my plighted humble services and bounden gratitude , and as the best barthol'mew-faring , which my poor abilitie was able to present to your good worships , with the humble tender also of m● heartiest poor prayers to the throne of grace for all sanctified sublunarie blessings and celestiall soul-cheering graces on you and a●l yours , i ever rest , your good worships in the lord , to be alwayes commanded , john vicars . god in the movnt , or , englands remembrancer . the omnipotent and omniprudent great god of heaven and earth , having by his unsearchable wisdom , unresistible power , and most pure and inculpable righteousnesse , from all eternitie both fore-seen and preordained the wayes and means of manifesting and declaring to the world his two especiall and most glorious attributes of mercie and justice ; mercie on his elect and choice vessels of honour , and justice on the forsaken vessels of wrath , those devoted vassals of the devill , and both these in that admirable master-piece of his workmanship of the world , man. who , as the prophet david saies of himself , was fearfully and wonderfully made : and , for this and and purpose having put this excellent creature , man , into a most pure and perfectly holy condition , placing him in eden or paradise , a place of most wonderfull delight , and admirable varietie of sense-affecting contentments ; and having also given him an absolute power to have persisted and continued in that holy and blessed estate . satan , that subtill and accursed serpent , and that arch-enemie of mans holinesse and happinesse , being by self-pride and arrogancie thrust out of heaven , and thrown headlong into hell , and so to abide to all eternitie , in an unrecoverable cursed estate of damnation ; hereupon being become gods enemie , extremely envied that holy and happie condition of gods ( then ) darling , mankind , and therefore , to bring his malignant spight to the issue he aymed at , fals a belying of god to man ▪ tempts and at last deludes man , makes him fall into his sin , pride and disobedience , thus , prevails in his project , and thereby made man , unhappie man as miserable as himself , by being , for sin , deprived and divested of his former fair rooes of beautie and holinesse , and depraved and poysoned in his whole soul and body with sin and uncleannesse , and thus in himself a forlorn creature , perpetually liable to gods wrath , and so consequently to eternall damnation . but , now , god out of his infinite wisdom and mercie found out a ransome and mighty redeemer for man ( even so many as he had predestinated to salvation ) the lord jesus christ , the second person in trinity . in whom , and by whom , even this promised seed of the deceived woman , the lord resolved to repay and revenge satans malice and mischief to man ; promising , that though satan by mans fall had bruised the womans heel ; yet her seed the lord jesus christ should ( by a strange way ) break his head , even by his death be satans death and destruction . and hereupon the lord god denounced an everlasting combate and irreconcilible enmity between these two and their off-spring to the end of the world , namely , christ , and the rest of the holyseed of the woman even all the succeeding saints & chosen-children of god in christ : and , the devil and his angels , even all the desperate profane-ones and craftie hypocrites of the world , who should from time to time , in all ages , most maliciously harbor in their hearts a natural antipathie against the godly to hate and despise them , and therewith also take pleasure and delight in plotting and practising all mischief and villanie toward them , though ( god in his wisdom and mercy having so graciously ordered it ) alwayes , for the most part , with ill-successe to themselves in the issue : god , who is most faithfull and able to perform , having promised to be with his church , in a way of protection and preservation , even to the end of the world . now thus you have briefly seen the combate decreed , and the combatants also to maintain the warfare : whereby the church of god is put into a truly militant condition , and daily constrained to exercise its spirituall militia ( as the wicked do their malitia against them ) and to be alwaies armed , not onely with the whole armour of god , spoken of by the apostle ephes . . but also with worldly weapons and humane power and prudence to defend themselves and offend their enemies as god shall enable them . but if you ask me , now , the cause of their quarrell , the reason and ground of the grudge and clandestine hatred which the wicked of the world bear to the holy and humble saints and servants of the lord ? truly , the answer is easie and at hand , yea the apostle hath made it for me , who by way of argumentation asks himself the very same question , touching cain and abel , wherefore did cain , who was of that wicked-one ( the devill ) kill his godly brother abel ? because ( saies he ) his own works were evill , and his brothers righteous . religion , innocent-religion and true holinesse is the great eye-sore to the ungodly , and therefore ( as the said apostle in the same place , ver . . ) marvell not that the world hates them . this , then , i say , is the main-ground of the quarrell betwixt these two combitants ; which hot combustion and contention , as it hath been fiercely followed in all ages past , from the beginning of the world , and will be so till the end thereof : so , it was never more mischievously manifested to be so , than in these our dayes , i mean , for , at least , these two or three hundred yeers last past , to this present time ; and that , in all the parts of europe , especially by the papists or romish catholiques , as they call themselves against the hugonets , in france , lutherans and calvenists in germanie , and protestants in england , scotland , and ireland ; and in brief , by the romish antichrist , against the reformed-christian in all parts . and the implacable rage of this arch-adversarie of the lord jesus christ hath far transcended all the malice and mischief of all former ages cruelties , both of the old assyrians and philistines to the ancient isra●lit●s , or the last ten persecuting heathen-emperours to the primitive-christians . but , as in all those former ages , the more satan , by his impious agents and wicked instruments , hath with inveterate vexations and extremest persecutions mangled and maligned the people of god : so , the more propitiously god hath preserved and encreased them , like innumerable phenixes rising and reviving out of their dead ashes , fully confirming that old adagie , the blood of the saints is the seed of the church . this truth , in both its branches hath been also most copiously confirmed in these our more modern times , and chiefly ( i may well say ) in this our kingdom of england , among all the nations of europe ( germany onely and ireland excepted at this time fo● cruelties but not for preservations ) which hath tasted the bitterdrafts of romes wrath in a deep measure ; and yet the more this antichristian enemie hath raged against christ and his faithfull servants against the gospel and its true professors , the lesse he hath prevailed ; and the more they have encreased to the glory of god , and the terrour and amazement of the wicked of the world ; their divellish and desperate aymes having been deceived in the issue ( as was toucht before ) and god having faithfully performed his good word and promise to his church and children to be with them , and for them , to the end of the world ; and though he suffers them ( oft-times ) to be closely and strictly hem'd in on all sides with great straits and distresses , yet their greatest necessities have ever proved gods fairest and fittest opportunities to be seen in the mount for their deliverance ; even then ( i say ) when the enemie thought to have swallowed them up quick , without all humane hope of redemption and redresse , then , yea even then , hath our good god alwayes ( for the most part ) plucked the prey out of their devouring jaws , broke the cheeks and teeth of the ungodly ▪ and rescued and recovered his darling ( the church ) from the lyons-den , their destinied destruction . which is the main scope and drift of our intentions , at this time , and in this treatise ▪ even to make clear to the eyes and understanding of all the world that will not wilfully blind them , and obstinately shut them up from beholding the evident sun-shine of the truth , in the subsequent and most luculent demonstrations thereof , in this kingdom of england after a speciall manner , which , god hath graciously made the very land-mark of all his rich mercies , to the everlasting glory of his great name , and free grace unto us , a most sinfull and undeserving nation , as we have been , and that in the midst of such means and miracles of mercies which he hath conferred on us , and wrought for us , above all our neighbour nations round about us . now , herein , my purpose is ( omitting many former mercies to our land of high concernment , and most worthy of everlasting and indelible thankfull remembrance , as the shaking off of the antichristian shackles and yoke of poperie , begun in the dayes of king henry the eighth and his most blessed son , king edward the sixth , but especially in the happie halcyon-dayes of queen elizabeths reign , of ever most blessed memorie ; since whose most blessed dayes and times we have enjoyed the gospel of peace , and peace of the gospel , almost these hundred yeers ( and now are not onely protestants but most blessedly begin to be reformed protestants ) notwithstanding the many most nefarious and treacherous plots , against her sacred person , happily defeated ; the falsly so termed , invincible spanish armado , in ▪ and the most exorbitant and hell-hatch't powder-plot , by those romish traytors , garnet a grand-jesuite and his twelve impious apostles , in the yeer , , by heavens vigilant eye of providence timely prevented , together with many private and pernicious conjurations or conspiracies , not so much by force as by fraud clandestinely machinated , and by gods mercie fruitlesly attempted ; enough to fill up voluminous treatises , and inf●●it●ly to magnifie gods endlesse praises ) all which , i say , here , to omit , my purpose and main intention is , as i fore promised ( by the blessed assistance of gods gracious spirit ) to manifest and declare to all ( who vouchsafe the patient and impartiall perusall hereof ) all the memorable and wonder-striking parliamentary mercies effected for and afforded unto this our english nation , ( mauger the malice of hell and rome , papists and profane atheists , satans active and able agents ) with inthe space of lesse than two yeers last past , , and . and for the better and more exact setting forth of the most illustrious lustre and glorious beautie of these incomparable parliamentarie-pledges of gods undoubted love and free favour toward us , my intention is , first , to shew my reader , the cloudy-mountain of straits , into which , the lord had in his wisdom and justice brought us , or rather suffered us to be drawn and driven into for our sins and transgressions ; and then the sweet and serene-mountain of mercies , wherein god was most gloriously seen ( of his meer mercie ) for our most timely and happie deliverance . i mean , i say , to let the godly reader see the deep distresse and danger whereinto we were plunged by the nefarious and multifarious plots and projects of jesuiticall-priests and perfidious prelates ( for i may most justly couple and link them together , like simeon and levi , brothers in iniquitie ) of these our late and worst times , and other most disloyall atheisticallagents in these desperate designes , all of them faithlesse factors for the see of rome , all of them complotting and contriving to reduce us to the accursed romish religion , yea all of them combining and confederating to work and weave our three famous and flourishing kingdoms , england , scotland and irelands fatall and finall rui●e and downfall . this being done ▪ i shall endeavour , by gods assistance , most punctually to promulgate and most exactly to record , to posterity , those even myriades of remarkable mercies conferred on us to strange amazement and deep admiration of all truly pious and faithfull christians . that thus , contraries being set together in an exact antithesis or opposition , they may both appear the more apparently to the eyes and understanding of ingenuous and judicious beholders ; that thus , i say , the dangers being seriously considered and worthily weighed , the mercies may the more gloriously break forth , like the suns glorious rayes and heart-cheering bright beams , after a thick and black cloudie storm and heart-damping tempest , and that thus , i say , the god y reader ruminating and recollecting both in his sad and serious re-cogitations , may justly and ingenuously acknowledge , that , god was in the mount , for our deliverance . now , herein , for my better and more methodicall proceeding in this renowned storie , i have resolved to make our most famous and renowned parliamentarie-worthies first remonstrance , ( wherein all our kingdoms heavie pressures and oppressions are summarily and succinctly even to the life delineated ) my most worthily imitable copie and pattern to write by : but in these i intend to be as concise and brief , as conveniently may be , because my chief ayme and resolution is ●o hasten to the copious and comfortable narration and description of our parliamentarie-mercies and deliverances , to the everlasting glorie and precious praise of our great and good god , and that , at the rare and faire sight and cordiall contemplation of them , the godly reader may break out , in an extasie of holy and heavenly joy and say , with holy david , truly , god is good to his english israel , and to all therein , of an upright heart . wherefore , now , to pretermit all further ambages and circumlocutions , and to addresse my self seriously to the matter intended , i shall first ( with my most worthie-masters ) briefly declare the root and growth of their mischievous designes , and the rice of our dangerous estate thereby . secondly , the maturity and ripenesse to which the malignant partie had hatcht and cherisht it , before the beginning of this parliament . thirdly , the efficacious means used for the eradicating and rooting up of this evill weed so rank-grown in the garden of the kingdom ; both by the kings royall assistance and heavens blessing on the parliaments great wisdom , industrie and providence . fourthly , the bold affronts and audacious obstructions and oppositions to interrupt and check the parliaments fair and faithfull progresse and proceedings therein all along . fifthly and lastly , the counter-checking means used to annihilate and make void those obstacles and impediments which so retarded the fair fabrick and comely structure of a happie reformation of those superfluous and rank-grown evils , and of redintegrating and re-establishing the ancient honour and security of this crown and nation , even by a parliamentarie-power , the onely remedie left ( under god ▪ to prop-up the tottering state , to force away our over-flowing fears , and to heal the mortall wounds and sores of our distressed land. now the root and rice of all the plot was found to be a pernicious woven knot of malignant active spirits combining and confederating together for the supplanting and utter subverting of the fundamentall laws and principles of government ▪ on which the religion and government of the kingdom were firmly establisht : and those actors and promoters were fi●st and principally , jesuited-papists whose teeth had long watered for ▪ and whose eager appetites had long hungred after the subversion of our religion . secondly , perfidious and rotten-hearted prelates and arminian-pontificians , who mightily ( and maliciously ) cherishing formality , or conformity and superstition , greedily also gaped after a change in religion , or at the least , the outragious supporting of their eeclesiasticall-tyrannie and usurpation . thirdly , profane , irreligious , and even atheisticall courtiers , and councellours of state , who for their own private and beggarly ends had engaged themselves ( as being , doubtlesse , mercenarie pensioners ) to forrein princes , to the prejudice of their own naturall king and the state at home . and , as you have seen the agents were potent and politick : so , the common principles by which they moulded and managed their craftie counsels and impious actions were as pragmaticall as prejudiciall . as , fi●st , to work and win the king to stand stifly to his royall-prerogative , and the people for the maintenance of their priviledges and liberties , that thus they might have the advantage by siding with the king against the subject , and so to be counted his fastest friends and trustie servants , and thereby engrosse to themselves and their factious confederates all places of greatest trus● and power in the kingdom ; that so they might the more safely fish in troubled waters . secondly , to suppresse and stifle the sacred puritie and power of religion , and to curb and keep-under all of all degrees that were best affected to it , in profession and practise , these being sore pearls in their eyes , and the greatest impediments to that change which their voracicus and eager appetites extremely longed and laboured to introduce among us . thirdly , to countenance and encourage their own fast faction , and on all colourable occasions , to disgrace , vilifie , and dishearten all the opposite partie . fourthly and lastly , by slanders and false imputations to work the king to an utter-dislike of parliaments , and putting him on unjust and forcible wayes of supply , yet masking them with fair pretences of great and just advantage to his majestie , though indeed they brought more losse than gain to him , and great distresse and distractions to the whole kingdom . and thus have you summarily seen the basis or foundation of their building ; now be pleased with as much brevitie as may be , to behold what a fair fabrick and stately structure they raised and erected on it . and here by the way , take notice of this diffusive sememting-materiall , or bracing-piece conglutinating or holding fast the body of the whole ensuing frame ; namely , that in all the compacted and conioyned ligaments of this omi●ousarchitecture , the jesuites craftie counsell , and as wicked as wittie wilinesse was instead of a prime architector or master builder of the whole edifice ; and had they not all been ( by gods overpow'ring providence ) timely prevented , these jesuiticall-artificers would undoubtedly have over-builded the prelaticall-labourers , and instead of a new , have pul'd down an old-house on the heads of all the rest of those as credulous , as accursed cooperating carpinters or work-men with them , in this their babell of confusion . and , now , in the first yeer of the kings reign , their work began to be revived , and hotly to be set upon again . for , it is here to be considered that in the last yeer of king james his reign it had been somewhat dampt and qu●sht ▪ both by the breach with spain , that yeer , as also by his majesties marriage with france , whose people were not so contrary unto , nor so hotly active against the good of religion , and prosperitie of this kingdom as those of spain ; and besides the papists in england being more zealously addicted and affected ( for matter of religion ) to spain , than france ; yet still they retained a resolution to weaken the protestant-partie in all parts and places of europe , yea , even in france ▪ thereby to make way for an intended change at home . the first effect and evidence of which their recoverie of strength was the dissolution of the first parliament at oxford , after two subsidies granted , but no grievances removed . after which , many other bitter effects of this bad begi●●ing followed , or rather flowed and gushed-out apace ; as namely , the losse of rochel fleet , yea of rochel it self ( a lamentable evill to the french-protestants ) by the unhappie help of our ships . the diversion of a most facile and hopefull war from the w●st-indies to a most expensive and successelesse attempt on cal●s ; ra●her to make us weary of warre than prospe●ous in it . the precipitate breach of peace with france . a peace concluded with spain , without consent of a parliament , contrary to promise made by king james to both houses , whereby the palatine c●u●e was shamefully deserted by us . the kingdom soon charged with billetted souldiers , together with the concomitant project of germane-horses to enforce men by ●ear to all arbitrarie taxations . the dissolution of a second parliament ▪ in the second yeer of his majesties reign , after a declarative intention of granting five subsidies . violent exacting the said summe , or a sum equivalent to it , by a commission of loan ▪ divers worthy gentlemen imprisoned for refusing to pay it . great summes of money extorted from subjects by privie-seals and excise . the most hopefull petition of right blasted in the blossome of it . a third parliament called , and as quickly broken , and therein parliamentari● priviledges violated , by after ill-usage of some of the best and worthi●st members thereof , who were clapt ▪ up in close-imprisonment , denied all ordinarie and extraordinarie comforts of this life , and preservation of health , no not so much as their wives permitted to come unto them , yea deprived of spirituall consolation for their souls , not suffering them to go to gods house for enjoyment of publike ordinances , or godly ministers to come to them , but kept them still in this oppressive condition , not admitting them to be bailed according to law. and this crueltie might have been perpetuall to them and others , had not another parliament been necessitated to relieve and release them . upon the dissolution of those parliaments , o what scandalous and opprobrious declarations were published to asperse and besmear their proceedings , and some of their wo●thiest members , unjustly to make them odious ; and the better to colour their exorbitant violence exercised on them , proclamations set out to those effects , thereby also extremely disheartning the subjects , yea and forbidding them once so much as to speak of any mo parliaments , this being in the fourth yeer of the kings reign . then , injustice , violence and heavie oppressions , without all limits o● moderation , brake-out upon the people , like unresistible floods gushing out of a broken-down dam or stoppage with huge inundations , checking , yea even choaking all our freedomes , and fast fettering our free-born hearts with manacles and chains of most intolerable taxations . witnesse , the mighty sums of money gotten by that plot of knighthood , under a fair colour of law , but , i●deed , a meer violation of justice . tonnage also and poundage received without any pretext or colour of law the book of rat●s inhansed to an high proportion . a new and unheard of ( yet most heavie ) taxation over the whole kingdom , by ship-money ; both these under a colour of guarding the seas , by which there was charged on the subject neer upon ▪ li. some yeers , and yet , merchants constantly left naked to the violent robberies of turkish-pirates , to the great los●e of many fair ships and much goods , and imprisonment of their bodies in most miserable bonds of turkish-slaverie . the enlargement of forrests , contrary to magna charta . the exaction of coat and conduct-money . the forcible taking away of the train'd-band arms. the desperate designe of gunpowder engrossed into their hands , and kept from the subject in the tower of london , and not to be had thence , but at excessive rates and prices . the destruction of the forrest of dean , that famous timber-magazine or store-house of the whole kingdom , sold to papists . the canker-eating monopolies of sope , salt , wine , leather , sea-cole , and almost all things in the kingdom of most necessarie and common use . restraint of subjects liberties in their habitations and trades , and other just interests ; together with many other intolerable burthens which poore isachars shoulders were not able to bear , but grievously to groan under ( and which for brevities sake i desire to passe over , as not being my main intention to insist on , but to hasten to our most happie deliverance from them ) for refusall of which fore-said heavie pressures , o what great numbers of his majesties loyall subjects have been vext with long and languishing suits , some fined and confined to prisons , to the losse of health in many , of life in some ; some having their houses broke-open , and their goods seized on , some interrupted in their sea voyages , and their ships taken in an hostile manner by projectors , as by a common enemie . the court of star-chamber having chiefly fomented and encreased these & such like most extravagant censures & most unjust suits , both for the improvement of devouring monopolies , and of divers other causes wherein hath been none or very small offences , yea sometimes for meer pretences and surmises without any proofs , yet punisht as severely as foulest malefactors , yea and that , in matters of religion and spirituall cases of conscience , for which the good subject hath been grievously oppressed by fines , imprisonments , stigmatizings ▪ mutilations , whippings , pillories , gaggs , confinements , banishments , yea and that into perpetuall close-imprisonments in the most desolate remote ( and as they hoped and intended ●emorslesse ) parts of the kingdom , and that also , in such rough and rigid manner , as hath not onely deprived them of the societie of neer and dear friends , exercise of their professions , comfort of books , use of poper or ink , but even violating that neerest-union which god hath establisht twixt men and their wives by forced and constrained separation . judges also put out of their places for refusing to do ought against their oaths and consciences , others so over-awed , that they durst not do their duties . lawyers checkt for faithfulnesse to their clients , and threatned , yea punished for honestly following lawfull suits . the privie councill also a mightie maintainer and prosecuter of illegall-suits against the subject the court of honour , chancery , exchequer-chamber , court of wards , and almost all other english-courts have been exceeding grievous in their excessive iurisdictions . titles of honour , places of judicature , serieant-ships at law , and other offices of trust have been sold for great summes of money ; and they that buy must needs sell . and thereby also occasion hath been given too frequently , of brib●rie , extortion , and partiality , it being , indeed , seldome seen that places ill-gotten should be well-used . these and such like land-devouring enormities , have been countenanced and practised in our long-languishing common-wealth . and if we look into the course and carriage of things in the church also , o how many impieties and irregularities have we , there , long beheld abounding and surrounding us , to the high dishonour of god , and disgrace of true religion ! the bishops and the rest of the pontifician or rotten-hearted clergie and arminian-faction , under a pretence ( forsooth ) of peace , uniformitie and conformitie have like so many si●ly cesars triumphed in the chariots of their spirituall courts , by their suspensions , excommunications , deprivations , and degradations of divers painfull , learned and pious pastors of our church , and in the vexatious and grievous grinding oppressions of great numbers of his majesties good subjects . in which cases , the high commission-courts pragmaticall pranks have been unsufferable ; the sharpnesse and severity whereof grew to such an unlimited monstrous growth , heighth , and strength , as was not much unlike , and very little inferiour to the romish or spanish-inquisition , yea and in many cases , by the archbishops super-superlative power it was made much heavier , it being ( as often as they pleased ) assisted and strengthened both by the furious power and authoritie of the star-chamber and councill-table , when the wrath and rage of their own-courts could not reach as high as their hatred extended to the utter wracking and worrying of the innocent and holy lambes of christ , whom indeed the world was not worthie of . this they did both in cities and countreys , extremely vexing and perplexing those of the meaner sort , tradesmen and artificers even to the deep impoverishing of many thousands of them , and so afflicting and troubling others with threats and expensive suits , that great numbers , to avoid these miseries and mischievous molestations departed out of the kingdom , some into holland , some into new-england and other desert and uninhabited parts of america , thereby exposing themselves , their wives , children and estates to the great danger of windes and waves by sea , and many other inevitable hazards by land. those onely were held fittest for preferments , at home , and obtained them soonest who were most officious and sedulous to promote and propagate idolatrie , superstition , innovations and profanenesse , and were most violent and virulent sons of belial in railing against and reviling godlinesse and honestie . now , all this while , also , the most publike and solemn sermons at court before the king , were nothing else , for the most part , but either to advance the kings prerogative above laws , and to beat-down the subiects just propriety in their estate and goods , or full of such like frothie kind of invectives , the onely way ( in those dayes ) to get fat morsels , rich benefices , and ecclesiasticall preferments ( the onely-prey they sought after ) and thus also labouring ( as the second main part of their play ) to make those men odious to the king and state , who conscientiously sought to maintain religion , laws and liberties of the kingdom ; and such men were sure ( still ) to be wrung and wrested out of their livings , if ministers ; and out of the commission of peace , if of the gentrie , and all other places of imployment and power in the government of the common-wealth . yea and those few godly and religious noble personages , which were of the privy-councill , though councellors in name , yet not in power or authority , onely used at the councill ▪ board to execute and countenance , not to debate and deliberate-on their state resolutions ; nay , so far from being employed in any place of trust and power that they were utterly neglected , discountenanced , and on all occasions injured and oppressed by the rest of the contrarie faction ; which now was grown to that heighth and entirenesse of power , that now they began to think-on the complete catastrophe and consummating of the whole work , to their hearts desire , which stood on these three parts or pillars of confusion . first , that the government must be arbitrarie , set free from all limits of law , both concerning persons and estates . secondly , that there must be an union and conformitie between papists and protestants , both in doctrine , discipline and ceremonies , onely it must not ( yet ) be called or counted poperie . thirdly , puritans ( under which name all that were zealous for the laws and liberties of the kingdom , and for the maintenance of religion , in the power of it , were included ) must be either rooted out of the realm , by force , or driven away by fear : and thus now at last we have the full dimensions , every way , of this pestilent and most pernicious plot . and could they possibly have digged deeper ? or in humane apprehension and contrivement have founded it firmlier ? whatsoever worldly wit and wealth could do , whatsoever carnall craft , power and policie could effect was wholly for them with full and copious concurrence , they now seemed to carry all irresistibly before them . and now nothing was wanting fully to finish the work , no stone unturned , no remora to be removed , save onely one ; in which , god gave them the lie to their teeth , according to that of the psalmist : surely , men of low degree are vanity , and m●n of high degree are a lie , and both to be laid in the ballance , they are altogether lighter than vanity it self . such vanity , yea such lying-vanity these great-ones in their supercilious high-built hopes and bigg-swoln timpanie of ambition , pride and perfidie , began to be now rendered by the wisdome and mercie of our good god. this one rub , i say , now to be remov'd , proved the main break-neck of their whole designe , and makes way for mine also , which is , to let you and all the world see moss cleerly how heaven made these impious plotters fall by their own folly and madnesse , by their own creft crest all their secret counsels and confederacies , and made their own invented mischief work-out their own miseries . according to that of the sween singer of israel , most pertinent to this purpose . behold he travelled with iniquity , hath conceived mischief , and brought forth falsehood . he made a pit , and delved it , and is fallen into the ditch , which he made for others , his mischief shall return upon his own head , and his violent dealing shall fall upon his own pate ; whiles gods dear saints of england and scotland escaped as birds out of the snare of those fowlers , and by gods free grace and rich mercie found full and fair deliverance . which , i say , is the main scope and principall aym of this our present history . for now , as they verily beleeved , they had made england their absolute-asse to bear all their back , yea , soul-breaking burthens : so that they thought it most fit , now , in the last place , to reduce scotland to such romish-harmonie and conformitie to embrace those popish superstitions and innovations as might make them apt to joyn with england in that great change which they intended ; for , as for ireland , they were sure enough to prevail there at their pleasure , as t is too well known to us all , and to themselves also by their late bloody experience , which had been much more , had not god crost their plot ( there ) also , and enabled us to help them . whereupon our church-canons and a new-minted liturgie ( not the very same which is used with us in england , which , with our vestures , gestures , and superstitious service-ceremonies , had been abundantly enough to have vext them ; but with most pestilent popish-additionals and unsufferable new inventions of the arch-prelate of canterbury , or some of his romish-factors framing , put in , over and above ours ▪ to make them starke mad , ( as it were ) must be sent unto them , and most violently obtruded on them ; both which , they instantly and stifly opposed , especially when they considered and called to mind those three rare gentlemen ( as some imminent scots have acknowledged ) who ▪ had been so lately and barbarously abused on pillories in england ( but the th . of june before ; and this attempt on them , was in august immediately following ) for opposing and writing against those and such like romish fopperies ; their women in scotland being the first and forwardest stoutly to resist such an uncouth and strange imposition on them . where , by the way , let me desire the godly reader not to passe over this remarkable passage sleightly , as a triviall thing . for , though this child of hope was , now , but in the embrio and unpolisht conception , and as yet had no strength at all to bring forth a perfect birth of deliverance to them or us in the eye of the world ▪ yet let us remember what a notable caution the prophet gives us . despise not the day of small things . for , they shall rejoyce , and shall see the plumet in the hand of zerubbabel , with those * seven eyes of the lord which run to and fro through the whole earth . now the women having thus begun to oppose this new english-romish pope an archbishop of scotland appointed ( as they called it ) to read and publish it in his fine linen ephod , and other popish-pontificalibus , were seconded by the men , between whom was a huge hubbub made in the church at the bringing in of the new liturgie or service-book , which they , i say , thus utterly rejected and cast out from amongst them ; and upon this first and small rising , like the cloud ( at first ) no broader than a hand , it quickly grew so bigge that the whole land was over-spread with it , the kingdom in generall being highly incensed also against it did utterly refuse to admit it among them . whereupon , foule calumnies and scoffs were cast upon them in england , yea a proclamation read in all churches , calling and counting them rebels and traytors for thus resisting our prelats most injurious impositions on them ; and an armie was speedily raised at the prelates instigation to enforce them by fierce compulsi●● to obedience , and to take that yoke on their necks ; for the advancing of which said armie , our prelates with the rotten-hearted clergie and papists were most free and forward with libe●all contributions . the noble and valiant scots were thereupon constraine● to do the like , in their own just defence . but , when both armies were met ▪ and ready for a bloody encounter , god who hath the hearts of kings in his hands , by the honest and wholesome counsell of his nobility , so wrought on the heart of our king , that ( maugre all the pr●gging malice of the malignant-partie , then , about him ) a fair and friendly pacification was speedily agreed on , and the king returned to london with much honour to himself and sweet content to all , but those that wisht to have ruinated all . and now , tell me , did not god ( here ) begin to be seen in the mount for our deliverance , in thus at the very f●rst on-set of their devillish designe stopping the intended current of christan-bloodshed . and as the holy prophet david sweetly , the lord bringeth the counsell of the wicked to noug●● , and ma●es their devises of none effect . but the counsels of the lord stand fast for ever , and the thoughts of his heart to all generations . blessed therefore is the nation whose god is the lord , and the people whom he hath chosen for his inheritance . this unexpected reconciliation was , i say , most welcome and acceptable to all the kingdom except the malignant partie , who like envious elves gnashed their teeth , and with malice gnawed rancorously on their own hearts , and therefore began again to spit yet more envie and spight out of their mischievous mouthes against the scots and this happie peace ; especially william laud the arch-prelate of canterbury , and the earl of straford , the two monstrous heads of their faithlesse faction , who i say , began again mightily to maligne and bitterly to inveigh against the peace , and to aggravate matters and exasperate the kings wrath against the proceedings of those peers that promoved it , making his majesty beleeve that it was a very dishonorable peace , and disgracefull to the kingdom , insomuch that the king forthwith prepared again for war with them . and such was their confidence or rather immarbled impudence , that having ( by all means fore-mentioned ) corrupted and distempered ( at least as they thought ) the whole frame and government of the kingdom , they now also hoped to corrupt that f●●●●tain which was the onely means ( under god ) to restore all to a right fram● and temper again , a parliament ; to which end , they perswaded his majestie to call one , but not to seek counsel● of them , but to draw countenance and supplie from them , and to engage the whole kingdom in their wicked quarrell , and so to make the mischief and mis●rie too , nationall . in which mean time they continued all their unjust levies of money ▪ resolving either to make the parliament pliant to their will , and ( as the prophet said of the wicked in his daies ) to establish mischief by a law ; or else to break it up again at their pleasure , and to shift otherwise ▪ as well as they could by colourable violence ( as formerly ) to go-on to take what might not be had with consent . now the ground alledged for the iustification of this war was this , namely , the undutifull demands of the scots in their parliament , which they conceived was cause enough for his majestie to war against them without once hearing their iustification of those their demands : and so thereupon a new armie was mustered and prepared against them , their ships were seized on in all ports and parts of our kingdom , and of ireland also , their petitions reiected , and their commissioners refused audience : in summe , the whole kingdom was thus miserably distracted and distempered with leavies of money , and imprisonment of those who denied to submit and crouch to those leavies . in which interim , the earl of strafford posted into ireland , call'd a parliament there , out of hand quickly caused them to declare against the scots , and to grant foure subsidies toward the warre , yea and to engage themselves , their lives and fortunes for the prosecution of it to the utmost of their power , and to give direction for an armie of . foot , and horse , to be immediately mustered up , which were all for the most part , papists . o ireland , ireland , even this verie deed of thine ( above all thy other high provocations of generall profanenesse , and especially of complacencie with base idolatrous papists all over thy kingdom ) in thus obliging thy self in such a most uniust warre against thine honest and harmlesse brethren of scotland , hath , i am confidently perswaded , most unhappily plunged thee into that most lamentable plight of blood and miserie which now of late thou hast grievously found and felt to thy unspeakable and unparalell'd sorrow and smart , and hath made thee such a deplorable prey to their most barbarous mawes and bloody teeth of those popish-rebels , or rather , inhumane caniballs and unnaturall vipers , whom thou so lately so lovingly ( yet most irrelegiously ) didst nourish and cherish , as so many venemous snakes in thy bosome ( and i pray god this be not too frequent a fault among us in england , namely , to embrace in the armes of our foolish love , a papist as equally as a protestant ) to this thy utter and inevitable destruction , had not the lord in wonderfull free mercie and favour prevented it in preserving dublin . the earl of straford having thus acted sinons part in ireland , to his most wicked hearts content , triumphing in his treacherie ; with more haste than good speed , returned to england , where this most subtill sinon , or rather scelerous simeon , and laud , his lewd brother , levi , right brothers in iniquitie , together with the rest of that pernicious partie ( at our parliament in england , which began , april , th , . ) had so prevailed with his maiestie , that the said parliament was most urgently incited and stimulated to yeeld supply toward the maintenance of this war with scotland , and that , before there was any provision for the relief of those great pressures and groaning grievances of the people , as have been fore-mentioned . but , by gods overswaying power and good providence ( before any such thing could be to the purpose debated or resolved on ) base fears and jealousies preocupating the hearts of the malignant partie , they suddenly and scelerously advised the king by all means to break-off thus parliament also , and to return to their former wayes of waste and confusion , in which they hoped their own evill intentions were most like to proceed and prosper . but here , by the way , take along with thee , good reader , this note or observation on these premises , namely , that , had our parliament afforded the least supply to that wicked war , yea though but one . d ▪ with their consent , they had made the quarrell nationall , and thereby the plague and punishment of such a great sin , most justly epid●micall . take this , then , o england , as no small mercie from thy gracious god , who thus mercifully freed thee from such a land-devouring sin and heinous provocation as ireland does wofully witnesse it . now that parliament thus fruitlesly ended , they again fell to their former tyrannicall practises and squeezing course of enforcing supplies out of the peoples estates , by the kings own power and prerogative , at his own will , and without their consent ; yea the very next day after the dissolution of that parliament , some eminent members of both houses had their chambers and studies , yea their cabinets and very pockets of their wearing clothes searched for letters and writings , another of them , not long after close-imprisoned for not delivering to them some petitions , which he received by authority of that house in time of parliament . a false and scandalous declaration was then published against the house of commons in the kings name , which yet ( by gods mercie ) took no effect in the hearts of the people , but contrariwise made the impudencie of the suspected authors of it more odious to them . a forced loan of money was then attempted in the city of london , to be made a president ( if it prevailed ) for the whole kingdom ; but some aldermen refusing it , were sorely thr●atned and committed to prison . about which time there fell out a mighty and tumultuous rising of apprentis●s and young-men in southwark and lambeth side , with clubs and other such weapons , especially at the arch-prelates house in lambeth , which put him into such a fright and perplexitie , as made him hide his head and flie from place to place , from lambeth to croydon , and from croydon to convey himself to some more private and remote hiding place for fear of their fu●y ; so that we might have said of him as the prophet jeremie did of pashur that false prophet , ( jer. . . ) the lord hath not called thy name pashur , but magor-missabib ; even fear , and terrour and trembling round about thee . which ( as 't was probably beleeved ) was the cause that the farther and more furious execution of their violent courses to get money from the subject was not prosecuted . now , though pharaoh's magicians were so wise and honest , that at the sight of the dust of the earth turn'd into 〈◊〉 they cried out it was the finger of god : yet this loftie levite of canterburies heart was as hard as pharaoh's himself , and would not , with any remorse or penitencie of spirit , acknowledge the hand of god against him , but , ( just like pharaoh , ( i say ) grew more and more out-rageous hereby . for , in all this interim , he and the rest of the bishops and clergie cont●nued their convocation ( though the parliament was dissolved ) and by a new-commission , turn'd it into a provinciall-synod , in which they audaciously contrived new canons containing many matters contrary to the kings prerogative ( which they so deceitfully pretend to uphold ) the fundamentall laws of the realm , parliament priviledges , and subiects liberties , and mainly tending to dangerous sedition , upholding their uniust usurpations , and as impudently as impiously justifying their popish innovations , idolatries , and superstitious worship of god. among which their accursed canons they had forged a new and strange oath for the establishing of their antichristian tyrannie , with a most prodigious and monstrous et caetera , in it , thereby to have deeply ensnared and grosly abused both ecclesiasticks and lay-men , as they distinguish them . which oath for its craft and labyrinthick intricacie , and no lesse hellish crueltie so to captivate mens consciences , i have thought fit here to insert . the oath . i , a. b. do swear , that i approve the doctrine and discipline , or government established in the church of england , as containing all things necessarie to salvation ; and that i will not endeavour , by my self or any other , directly or indirectly to bring in any popish doctrine , contrary to that which is so established : nor will i ever give my consent to alter the government of this church by archbishops , bishops , deans , arch-deacons , &c. as it stands now established , and as by right it ought to stand , nor yet ever to subject it to the usurpations and superstition of the see of rome . and all these things i do plainly and sincerely acknowledge and swear , according to the plain and common sense and understanding of the same words , without any equivocation or mentall evasion or secret reservation whatsoever . and this i do heartily , willingly and truly upon the faith of a christian . so help me god in jesus christ . which oath , whosoever refused to take must be most severely punished with suspensions , deprivations , and excommunications , or forced by other vexations to flie out of the land , that so the kingdom being cleared of these squemish and nice-conscienced fellows , ( as they call and count tender conscienc'd men ) a fairer and wider way might be made for the advancing of that grand●signe , namely , the reconciliation of our english church to the church of rome . now , here ( me thinks ) i cannot pretermit to let the reader see and take notice , how properly this plot of theirs may be parallel'd with that of pharaoh against the israelites in egypt , who though kept-under with great and grievous thraldom and most heavie burthens ; yet grew to such a numerous multitude , that pharaoh , being afraid of their number and still-increasing strength , spake thus to his lords and counsellours . come-on , my lords , let us deal wisely , and endeavour timely to cure this growing gangrene , let 's keep the children of israel under with vehement vexations , and destroy all their male children in their birth , lest they grow too strong for us , and either forcibly get from us , or joyn in battell with our enemies against us : but god crossed this his craft and crueltie , and made this very plot of theirs the ground-work of the greatest harm even to their whole land , by moses preservation , whom god used as the main instrument of the egyptians destruction . thus , even thus , i say , it fared with our prelates and pontificians , who , by reason of our scottish br●threns expulsion of their pernicious prelates out of scotland , not unjustly fearing that the english puritans would endeavour the like supplantation of their english hierarchie , by the scots example ; come , therefore ( saies the archbishop of canterbury to his pontifician crew ) let us now deal wisely , lest too late we repent it , let us cur● the courage of that encreasing puritanicall-sect which so hates our apostolicall-prelacie , let us vex and perplex them with the heavie and hard loads of cer●monies , superstitious innovations and new-east canons with an &c. oath ( right muddie ▪ bricks , straw and stable of romish egypt ) which , i hope shall prove the very quintessence of all our former plots and projects , and the onely way to fix our selves fast , and rivet our selves so firmly into the apos●olicall chair of this kingdom ( by swearing the puritans , both clergie and laicks to our ecclesiasticall iurisdiction ) as that no power either of prince or parliament shall ever be able to set us , hereafter , beside the sadle . but , see , i pray , how the lords over-powring wisdom and goodnesse defeated their so high-built hopes , crost this their deep craft , and made this oath and book of canons the ground of their greatest overthrow . so that all that see with the right-eye of a true understanding , may justly say with jethro , moses father in law . now i know that the lord is greater than all ( romes idoll - ) gods , for , in the ( very ) thing wherein they deal● proudly , the lord was above them . for , after this , their courage began to quail ( for this present parliament was resolved on , shortly after those canons and oath were made ) their proiects prospered not , all their devis●s were on the declining hand , gods vindicative indignation continually prosecuting them to their shame and ( i hope ) to the utter ruine of their most insolent and unsufferable antichristian tyrannie , as the sequill shall manifestly make clear , in the description of our deliverances , whereunto i mainly addresse my thoughts and intention . now for the yet more absolute furthering of their most p●stiferous proiects , they ( in that synod ) laid great taxations on the whole cl●rgie , as namely , . subsidies , besides a bountifull contribution to forward the intended war against scotland , to which , they all ( of the pontifician and scandalous rout especially ) shewed themselves , generally , very free and affectionate , and which war , some of them , in their mad and hair-braind zeal , were not asham'd to stile and entitle , the bishops war ; yea , a solemn prayer was composed and enjoyned by the bishops , to be used in all churches , calling the scots rebels in it , thus , as much as in them lay , to embrew both nations in blood , and to make the wrath and furie between them irreconcilible . and here , now , the reader must be pleased to take notice , that the armie was now going forward for york ; and therefore we may ( here ) not unfitly observe ( as a first demonstration of gods beginning to crosse & countercheck their malevolent machinations ) how the souldiers , which were pressed and now passing forward to york , did most strangely and uncontroulably turn rude-reformers , as they marched through the countreys , forcibly intruding and getting into churches , and there , irresistibly , pulling-down altar-rails , turning altars into communion-table postures , making enquirie , in the towns where they came , how the ministers carried themselves in their pastorall charges : if godly and diligent preachers , they reverendly and respectively used them ; but , if romes minions ( i mean arminians ) superstitious lazie drones , rotten-hearted baals priests , or covetous pluralists , where-ere they came and found such , they vexed , derided , and most contemptuously used them , utterly disdaining also and refusing to be ordered or commanded by popish-leaders . now although i do not , i may not justifie these their mis-carriages , yet , who can denie a speciall hand of divine providence taking most high displeasure and just offence against our prelates and pontificians former violent and furious practises , and beginning thus at the very first on-set in this their great designe , to blast their bloodie intentions . and , certainly , if prudent deborah did curse meros , iustly , and the inhabitants thereof , with bitter curses , because they went not out to help the lord against the mightie : what bitter curses , think we , then shall fall upon those who most affectionately afforded strong aid to mightie and most malicious popish enemies , against the lord and his dear saints and servants ? even so , o lord , ( as she goes on ) let all thine enemies perish , but let those that love thee , be as the bright and glorious sun when he goeth forth in his resplendent might . but , to go forward . at this time also the popish faction enjoyed such exemptions and exceptions against the penall laws of the land , as amounted very neer to a full toleration of their religion ; besides many other favours and court-encouragements . they had a secretarie of state , sir francis windibank a powerfull ag●nt for the expediting of all the papists desires ; a popes nuncio . residing here to act and govern them according to romes influences , and to mediate for them , with the concurrence of forrein popish princes . by this nuncio's authority , the papists of all sorts , nobilitie , gentrie and clergie were convocated after the manner of a private parliament , new popish jurisdiction erected of romish archbishops , taxes leavied , a new government of state contrived independant to ours ; yea contrarie to ours both in interest and affection , secretly corrupting the ignorant or negligent professors of our religion , and closely combining and uniting themselves against such as were sound professours , and in this posture onely watching and waiting for an opportunity by force to destroy those whom by fear or fraud they were hopelesse to seduce . for the full effecting whereof , they were strongly strengthened with all kind of war-like ammunition , encouraged by popish prayers weekly enjoyned by their nuncio ; and such power had they then procured at court , that secretly a commission was issued out , intended for some great ones of the popish profession both for leavying and martiall command of souldiers according to those private instructions . his majesties treasure also was extremely exhausted and consumed , his revenews anticipated , his servants and officers compelled to lend him great summes of money , multitudes tyred with attendance on the councill-table for refusall of illegall payments , prisons were filled with their commitments , and many sheriffes summoned into the star-chamber , and some imprisoned for not being quick enough in leavying the ship-money , and generally all the people , over the whole kingdom , languished twixt grief and fear of the issue of these strong and strange snares and entanglements , no visible signe , nor hope of humane help being left us , but in dolour and desperation . and was not england , now , brought into a mount of straits indeed ? could hell it self or the fiercest fiends and furies the rein have hatcht a more horrid and hideous contrivement , and that under a colourable pretence of law and right , forsooth , and royallprerogative ? were not these like to prove rare common-wealths-men and states-men , who , as the prophet david complains , ( and as toucht before ) would establish and set up wickednesse by a law ? yea , these were truly , those many fishers , which the lord threatens to send against his sinning people to fish them , and many hunters to hunt them . yea , i say , those most nefarious nimrods , those mightie hunters , even most audaciously before the lord , who , to raise-up and erect this their babel of confusion , hunted not beasts , but the best of men , not for recreation , but for rapine and the utter ruine of true religion . wherefore , now at last , the lord our great jehovah , whose eyes run to and fro , through-out the whole earth , to shew himself strong in the behalf of them whose heart is perfect toward him ; hearing the groanes and crying prayers of his poor afflicted people , to whose throne of grace and mercie they now made their onely earnest addresses and pressing approaches ; who , i say , being a god hearing prayers , pardoning sins and a present help in greatest straits and distresses , gives them a gracious return , bids them be of good comfort , and fearlesse , yea bids them stand still and see the salvation of the lord , which he will shew them . for , to me ( saith the lord ) belongeth vengeance and recompence ; your enemies foot shall slip , in due time ▪ for the day of their calamitie is at hand , and the the things that shall come upon them do make haste . for the lord will judge his own people , and repent himself for his servants iniuries , when he seeth that their power is gone , and there is none else to help . i am therefore graciously resolved ( saies our god ) to make england a school of mercies , and to set it in the highest form thereof , yea and to make it the captain of the school , and thereby intend to set him one-lesson to get by heart , even a lesson of true gratitude and holy obedience , for the mercies which now i intend to shew and bestow upon it . such mercies indeed ( good reader ) as thou shalt now see , and ( to thy souls admiration and comfortable contemplation ) behold , that had i as many tongues , hands and p●ns , as i have hairs on my head , and exquisite dexteritie fitly to manage and make use of them all , they would not suffice to set out the praises of our good god for them , being indeed such mercies , as none but god himself could ( miraculously ) conser upon us , by such a mightie and admirably strange overture and turn of things , which god now began to work by this parliament , and all for the better , yea more and more admirable mercies to us within these two yeers than hath been bestowed on others in many ages . which now by gods gracious assistance , i shall abundantly make most clear and conspicuous , to the high honour and glory of god , and the unspeakable consolation and ioy of his saints and holy ones . for , now , behold , the lord began to open the eyes and to touch the hearts of our nobles , now at york , with the king , and to make them wearie of their too-long silence and patience ( if i may so call it and to lay to heart the kingdoms great distractions and deep distempers , to be thereupon impatient of any longer delayes , and very sensible of the dutie and trust which belongs to them ; some , therefore , of the most eminent of them adventured to petition the king ( who being , now , at york , had there advanced his royall standard , and gathered thither the cream of the whole kingdom ) yea and at such a time too , when as ill counsellours were so powerfull and prevalent with his majestie , that they had reason to expect more hazard to themselves , than fair and facile redresses of those palpable and publike evils for which they then interceded . at which time , also , of this kingdoms deadly burning-fever or violently shaking-ague of intestine miseries and oppr ssions , the scots having been long time restrained in their trades , impoverished by losse of many of their ships and goods , bereaved of all possibilitie of satisfying his majestie by any naked supplication , wherein they had been long time tired , and even quite wearied-out , being as frequently as fruitlesly denied their desires , and now at last ( to shut-up quite all doors of hope from them an armie marching to the gates of their kingdom to force them to slavish subiection and obedience . they , hereupon , resolving to stand on their most just defence , and with their swords ( since words would not prevail ) to make their own passage , for audience , to the king ; with a strong armie ( as their last remedy ) of saints rather than souldiers entred the kingdom , and without any hostile act or spoil in the countrey , as they passed save onely ( being affronted by some of the kings armie ) to force their passage over the tyne at newburn , neer newcastle , and had a fair opportunitie to presse on further upon the kings armie , out that dutie and reverence to his majestie , and brotherly love and true christian affection to our english nation ( according to the tenour of a most excellent declaration , printed and dispersed over the kingdom , immediately upon their entring the realm , intituled , the scots mind and intention with their armie ; which gave great satisfaction therein ) made them stay there , piously and patiently , as loving friends , not foes , voluntarily to wait and supplicate again to his majestie at york , for iustice in their innocent cause against their wicked enemies : whereby the king had the better leasure to entertain better counsell , according to those noble peers petition also , fore-mentioned , wherein the lord our god so blessed him , that he summoned a great councell of peers ▪ then at york , to meet together with him , on sept. , . the scots hereupon , the first day of the great councill presented another most humble petition to his majestie , whereupon a treatie was appointed at rippon , in which , things were so wisely and worthily agitated by the commissioners on both sides , and in all that interim , a sweet cessation of arms agreed upon , that at last , it was resolved that the full conclusion of all differences between is and the scots should be referred to the wisdom and care of a parliament declared to begin , novemb. d , then next ensuing , as the sole means ( under heaven ) to cure all these foresaid maladies , and to recover the kingdom of its heart ▪ sick diseases and ( otherwise incurable ) mortall wounds , and to settle the state of things ( which ( otherwise ) seemed insuperable ) into a right frame and posture . for , as hath been abundantly manifested , all things were so out of joynt , the king and whole kingdom brought to such exigents and precipitating sad and bad issues , that had not god thus timously struck in , and thus necessitated this parliament , england ( undoubtedly ) had been made , long ere this , a confused chaos of confusion , a gastly golgotha , and a most foule field of blood , and posteritie might have sighi●gly sobd ▪ out ( not sung ) of it . ah , england , england , once call'd albion , for thy white rocks , now too justly mayest be call'd olbion , for thy black deformitie of destruction and desolation ! o london , famous london , englands ( once ) glorious troynovant , now become a desolate wildernesse , the plowma●s fallow-plains or vast fields of corn ; or , as the prophet jeremie , by his jerusalem ▪ might most properly have painted thee out also , as in the ▪ of his lamentations . but , now , behold , thy god is come unto thee , is now seen , yea , now , i say , if ever in the mount of mercies for thy admirable deliverance from this most profound abyss of deepest danger , in this mightie mercie of th● lord to thee but new-now poor gasping-england , in that the english and scottish-armies should lie so neer each other in a martiall manner , and yet seem both to shake hands together , should onely look one another in the face , and not embrue their hands in the blood of each other , but sit still , rest together in peace , and at length part ( as they did ) like good friends . o who can forbear , but in a transcendent rapture of ioy and gratitude , break-out , with holy david , and say , or rather cheerfully sing ; ascribe unto the lord worship and honour , ascribe unto the lord the glory of his name . sing unto god ye kingdoms of the earth , o sing praises unto our god. who maketh wars to cease unto the end of the earth , who breaks the bowe , and cuts the spear in sunder , and burns the chariots in the fire . who daily loadeth us with his benefits , and is the onely god of our salvation . who infatuates the wisdom of the wise and prudent , and makes the counsels of princes to come to nought . but , now , to proceed where i left ; a parliament was ( i say ) appointed to begin , novem. the third , a parliament said i ? ( strange word ) what ? a parliament ? why , who durst ( once ) be so bold , as onely to whisper his desires of a parliament ? who ( once ) durst mutter , much lesse utter-out such a word , a parliament in england , again ? yet , thus it was , yea and thus timely too yea and such a parliament too , as this kingdom never saw ●he like , for length and strength of goodnesse , for church and state ; to gods due glorie and everlasting praise be it spoken . certainly ( then ) if ever , now was our god gloriously seen in the mount of merci s for englands greatest good and hoped happinesse . but now see again ▪ ( as i premised at the beginning ) the serpentine-seed , satans agents , must be still working and plotting against all the springing hopes and budding comforts of gods people , if it were possible to blast them in the blossomes . for , now , since they saw to their secret sorrow , a parliament must needs be , & this omen also unavoidable , all their crafty pates were contriving and casting about how to stifle this conception of comfort in the very wombe . for , the malignant partie spying well that they could not ( as i said ) put off the parliament , they therefore cunningly and closely endeavour by their courtly agents to have such members of it chosen in every corporation , city , and shire as might onely advance their mischievous machinations and base designes in parliament . they , therefore , procure the kings and queens letters to counties and shires , get both earls , lords , knights and gentlemen to ride in person and rove up and down to all parts and places of the kingdom to make parties for them in choice of such as they should nominate . yet , see again , on the other side how the lord counter-plotted and infatuated all their craft , care , and industrie therein ; for , notwithstanding all their cost and coyl , all their running and riding , god , i say , frustrated their impious expectation , in most places . the lord , who holds the hearts of all men in his hands , caused the willing people from all parts , spontaneously to flock and assemble together like such unheard of numerous swarmes of bees of all requisite sorts and qualities , with most unbended courage and irrefragable resolutions to chuse-out and select , such pious , prudent and every way accomplisht worthies for this high and honourable work , as are most hopefull , by gods gracious support and assistance to strike the stroke of a most blessed and long looked for , yea longed-for happie reformation ; yea , i say , making up such a blessed colledge of phisicians , as are likely ( by gods benediction on them and protection over them ) to cure the ( else ) almost curelesse maladies and infirmities of church and state , which were readie to sink into the inevitable gulf of wo and wretchednesse , and to drink the last draft of deadly destruction . o , who can passe-by such a remarkable passage of gods admirable providence , surpassing admiration in this speciall piece of comfort to us ! yea , i may justly say , this master-peece of the whole ensuing frame of all our succeeding parliamentarie-rejoycings ? and not cry-out with most emphaticall cheerfulnesse , with holy moses , who is like unto thee , o lord , among the gods ? who is like unto thee ? glorious in holinesse , fearfull in praises , doing wonders . and with the sweet psalmograph , holy david , the heavens shall praise thy wonders , o lord , thy faithfulnesse , also , in the assembly of saints . for , who in heaven can be compared to the lord ? who , among the sons of the mightie can be likened to our god ? now , at the first sitting and meeting of this blessed parliament , though all oppositions seemed to vanish , the fore-mentioned mischiefs of the malignant partie being so evident ( which their accursed counsels and co-operations produced ) that no man durst stand-up to defend them : yet , the whole work it self afforded difficulty enough , if you cast your eyes on these particulars . first , the multiplied evils and long-rooted corruptions of . yeers growth , at least , by custome and authority of the concurrent interest of many powerfull delinquents who were , now , to be brought to judgement and reformation . secondly , the kings houshold was to be provided for ; for , they had brought him to that want that he could not supply his meer ordinarie and necessarie expenses without the assistance of his people . thirdly , two armies were then to be paid , which amounted very neer to thousand pounds a moneth , and yet the people over the kingdom must be tenderly charged , having been formerly miserably exhausted with many burthensome projects . fourthly , the contra●ieties they met with , in all these , were very incompatible , which yet in a great measure they calmly reconciled ; these difficulties therefore , seemed to be invincible , yet by gods good providence , and these most renowned worthies indefatigable care and diligence , they comfortably over ▪ came them at the beginning of the parliament , six subsidies were freely granted , together with the passing of a bill of pole-money , for speedie supply of present occasions , which could not amount to lesse than . l. besides the said six subsidies . yea , these prudent patriots contracted that great arrere-of charges due to our faithfull brethren of scotland , to thousand pounds . and notwithstanding all these most urgent and inevitable charges and pressing occasions ▪ the lord so blessed the proceedings of this precious parliament , that the kingdom is for the present , and will be much more for the future , by gods mercie , a great gainer by all those charges , as will evidently appear by the subsequent cloud of witnesses , the many remarkable parliamentarie mercies , which our great jehovah hath graciously strewed into our happie laps and bosomes by them . and this is here the rathe toucht and mentioned to stop the mouthes of those repining envious elves of ingratitude , who notwithstanding these so conspicuous , and egregious restimonies of these ever to be honoured worthies most impregnable pains and industrie , yet would fain fasten their fangs of calumnie and detraction on their most honourable actions and proceedings , which even their inf●rnall black-mouth'd mother envie her self , cannot but ( though contrarie to her nature ) most justly commend . as , first , that uncouth and ( till of late ) unheard of heavie taxation of ship-money , by this parliament abolished , which drained from the kingdome above thousand pounds a yeer . coat and conduct-money taken away from unjustly troubling the subject , which in many countreys amounted to little lesse than ship-money . that scouring project of new-sope also overthrown which brought an hundreth thousand pounds a yeer into private proiectors purses . that soaking plot also on wine , which amounted to above three hundred thousand pound . and that of leather , which rightly computed could not chuse but exceed both those former , put together , this is also annihilated . yea , that unseasonable ( and indeed unreasonable ) patent for salt puld out of their enhansing hands , which could not but countervail in value , that of leather besides many other statestarving monopolies , whereof some ( as hath been seen in those fore-mentioned ) prejudiced the kingdom above a million of money yeerly ; all quite supprest by this renowned parliament , which formerly , like so many greedily gaping graves or unsatiable horsleaches were continually crying-out , give , give , and restlesly sucking-out the vitall spirits of the state , and pitifully debilitating , thereby , the nerves and ligaments of the whole common-wealth . but , that which was far more worth than all those fore-said great benefits , which , indeed was the very root and rice of all those and such like taxations and vexations , is also , by power of this parliament , quite taken away , viz. the arbitrarie power pretended to be in his maiestie to tax his subiects , and charge their estates at his pleasure , without consent of his parliament , which great and grievous yoke which extremely wrung our wronged necks , for the present , and would have done much more for the future , to our posteritie ) is now by this happie parliament declared by both-hous s to be against law , and is also ratified by an act of parliament . and was not elohim our god all-sufficient , most gloriously seen here in the mount for our large deliverance , from such and so many pinching straits and deep distresses as we were all brought ▪ yea plunged into , as have been formerly most evidently and undeniably shewn ? and , therefore , have we great cause , with that sweet singer of israel to elevate his praises , herein , and to say , i will magnifie thee , o my god and my king , and will blesse thy name for ever and ever . yea every day will i blesse thee , and praise thy name for ever and ever . for great is the lord , and greatly to be praised , and his greatnesse is altogether unsearchable . yea , and that which is very remarkable , and no lesse extraordinarie comfortable to gods children ; how did the lord ( before this parliament began , and hitherto ever since ) stir-up and enflame the fire of supplicating faith or faithfull supplication and fervent zeal in private humiliation to seek the lord in the face of christ for mercie and reconcilement to our poor land and nation , so as the like was never seen in this kingdom before . and , o , what faith-confirming and heart-cheering rich returns of prayers hath the lord our good god cast into our blessed bosomes , in both granting us the very things ( yea and much more than ) our hearts desired ; and crossing ours and the churches enemies both papists and prelates in their plots which we feared , yea and still making their own desperate devises to lite heaviest on their own heads , and their own impious inventions occasions to make them still sit-down by weeping-crosse , and bear the greatest damage and condigne detriment in themselves . whence we may very well conclude with manoahs wife , sampsons mother , against all false and faithlesse fears and jealousies ( whereunto i perceive , even gods own dear people are too-much addicted ) that if the lord were pleased or had a purpose to kill ( or destroy ) us , he would not have received an oblation or sacrifice from us , neither would have shewed us all these things , nor would ( as at this time ) have done all these great things and much more yet following for us ; but if god had had no delight in us , but purposed to destroy us , and to deliver-up our land and lives into papists hands , and to make a prey of us and ours to them , he would not ( surely ) have suffered us or given us hearts to seek him in prayer and importunate petitions , and yet at last , have frustrated all our hopes and expectations : but contrariwise when god intended to destroy the children of israel for their high provocations of the lords irreconcilable wrath , he flatly forbad the prophet to pray for them : whereas on the other side , i say , our gracious god hath freely poured on us the spirit of grace and supplication ; hath not onely received sacrifices from our ( though sinfull ) hands , but in christ jesus ( his ever prevailing blastus , nay rather ever most meritorious blessed son ) hath smelt a sweet savour in our sacrifices , as hath been alreadie in part imparted to us , and made clearly obvious to our eyes and understanding , and comes now most copiously to be farther most fully demonstrated to us . and , here , me thinks , t is not improper or impertinent to put the reader in mind of one remarkable mercie of the lord unto us , which though it be not ( i confesse ) on all parts absolutely concluded on ; yet for my part , i confidently beleeve ( these plotting times and weightie circumstances considered and put together ) i may justly enroll it in one of the chief places and number of our most famous parliamentarie deliverances , though i say it was and hath been covered and couched under fair machi●ilian vizards of other intentions ▪ when they saw god had miraculously crossed and defeated their former strong expectation . for ( unquestionably ) the popish and malignant partie had deeply perswaded ( if not assured ) themselves that long ere this ( especially about the time of this plot now to be mentioned ) their desperate projects should have been brought to a high pitch , and that ere this time we and scotland should have been deeply engaged in bloodie broils , and been pell-mell together by the ears in the northern parts of the kingdom . the sly fox of spain therefore , must needs watch advantages on our home-bred and imbred distractions and uncivill-civill wars , thus to purchase to himself the long lookt-for spoils and most precious prey of three fair crowns , at once ; to which purpose , upon traiterous instigation and intelligence too , no doubt , from some of his pensioners in the court of england ▪ he had made readie and set forth to sea , a mightie fleet of ships , a second great armado , well fraught and furnished with men and ammunition , and other instruments of wrath and furie for our certain perdition and designed destruction . thus unsuspected and unexpected , they had smoothly and silently made their way into our narrow seas , and lay hovering within sight of dover , fearlesse ( it seem'd ) of least resistance from us , if not hopefull of ample assistance to land their forces , and make our land feel the furie of spaines conquering arm . but , behold , as thus they lay about our coasts , and we ( as it were ) lay fast a sleep in this great danger , the god of our english-israel , who never slumbers nor sleeps in the protection of his people , had his ever most vigilant and wakefull eye over us , even then , i say , when we were most supine and carelesse or fearlesse of any imminent disaster so neer us , the lord our god fought for us , yet without us , stopt this ( otherwise ) over-flowing inundation of miserie and destruction , crost and crusht their rotten-egge of windie hopes , by sending our honest old neighbours of holland to confront them , though with but a very small fleet ( at the first ) which afterward quickly encreased , under the conduct and command of their heroicall and most magnanimous admirall martin tromp , whose honour and high renown , the trump of fame shall most worthily sound out to posteritie , and crown his temples with never withering-wreathes of laurell-branches , who had no sooner espied them , but most fiercely and furiously he set upon their whole formidable spanish fleet , gave them such battering broad sides , and such canon-thundring and powder-roaring salutations as quickly puld down their so late so lofty spanish pride , and maugre all their espani●lized bravadoes , the utmost strength of their strongest vessels was so batter'd and bruis'd , their falsly suppos'd impenitrable ribs and big-swoln bellies so peir●'t and pestred , that they quickly queld their courage , fir'd , sunk and took many of their greatest ships , and dissipated and scatter'd the rest from our coasts , few of them escaping the heroick hollanders martiall violence , to our great ( though unsensible yet unspeakable ) comfort and security , we our selves not having strook one streak in our own defence , nay t is well if we did not yeeld the spaniards supplie of powder and other necessaries ( that time ) to our own destruction , had not god thus strangely and strongly withstood it . say , then ( o england ) did not jehovah , our great lord and god most apparently appear , now , in the mount for thy mightie deliverance ? did he not make good his word and promise by his holy prophet . that no weapon forged against thee shall prosper , and every tongue that riseth against thee in judgement thou shalt condemne . certainly , if ever , at this time was this prophesie most exactly made good to england , and to our faithfull brethren of scotland . for , what sharp and death-wounding weapons have been forged against us , both abroad and at home ? what slanderous tongues , have risen up in judgement , yea in most false iudgement against both us and them , calling and counting gods beloved ones among us factious and seditious , and among our honest brethren of scotland , traitors and rebels , as hath been formerly touched ; but now we have seen , to the high honour of god and ioy of our hearts , that none of their weapons have prosper'd against us ; yea their slanderous tongues , which so falsely iudged us and our beloved brethren , we have condemned to the clear eyes of all men , that wilfully look not a squint on all iust things . for , hath not this our most noble and renowned parliament , together with the kings full content and consent therein , proclaimed our brethren of scotland , the kings most faithfull and loyall subiects ? confirmed a fair and full pacification and union of firm love and mutuall defence , twixt us and them and the kingdom of ireland with an act of oblivion of all mistakes and misconceits on either side : all these , i say , ratified by a blessed act of parliament ? yea , and that which adds no small lustre to it , that it hath hereby freed us from civill-wars , which of all warres are most uncivill , from intestine wars , wars that would have eaten-out our own bowels ; from wars , i say , of christians with christians , yea of protestants with protestants , which of all wars could not but have been most fell and fatall . o who , then , can see these things , these miracles of mercies , without deep admiration and holy adoration of our great god ? who can forbear to break-out into cordiall praises , to raise-up trophies of everlasting fame and honour to our great and glorious lord and king ? who can chuse but ingenuously acknowledge with holy david , that we got not these good things into our possession by our own sword , neither did our own arm save us : but thy right hand , o lord , and thine arm , and the light of thy countenance , because thou hadst a love unto us . thou art our king , o command deliverance , still , to thy poor worm jacob. for , through thee alone shall we pull-down our enemies , through thy name onely shall we tread them under that rise up against us . t●● thou o god that risest up in judgement to save all thy weak-ones on earth , turning the rage and furie of man into thy praise , and making the remainder of their wrath to obey thee . a most remarkable mercie was it also , that the lord put into the hearts of the renowned scaligers of our corrupted times , for the better purifying not onely of the conduit-pipes of justice , to begin ( as about this time ) to put pious and noble peers into places of honour , trust and power , that thus the stern of government may be the more happily steered with uprightnesse and impartialitie . to which purpose ( as a main help thereto ) they have most happily taken away that state-staggering star-chamber-court ; dissolved and dissipated into smoke ▪ the crushing-courts of the president and councell of the north ▪ and limited and co fined the unlimited bounds of businesses at the councell-table ; but also to scoure the muddie and even stinking channels of wrong and oppression , by easing the common-wealth of those living-grievances thereof ( a great advantage to the peace and tranquility of the state ) i mean those evill counsellers and officers of state , who had been principall actors of all our foresaid miscries and mischiefs ; making thereby ( as it were ) a plaster to heal the deadly wounds of church and state , and most hopefully to recover the almost incureable diseases of the kingdom , by a plaister , i say , of the blood of that insulting arch-traitor , the earl of straford , who as he had well-nigh stabd the state to the heart by his deep and most dangerous plots both abroad and at home : so the stroak of justice retaliated with blood his most bold and bloodie designes maugre all his slyest shufflings and crafty jeerings of the law to have eluded it , and thereby hoping to have prevented the said just vengeance on him . and here by the way , i desire the reader to take notice of gods most equall and upright wayes and dealings , with wicked , ungodly , and blood-thirstie men , how exactly he repayes the bloody plots and purposes of all proud and ambitious hamans in their own coyn ; as , here , is most perspicuously seen in this our english-haman , who in his heart had vow'd the wrack ▪ and ruine of all gods faithfull ones in england , scotland and ireland , at the least . but we have happily seen this proud haman , the first that felt the due stroke of justice , to the honour of god , and the terrour of all such daring traytors . and as for the rest of that rabble , i may here take-up that of the holy prophet david , how long will ye imagine mischief against men , ye shall be slain all the pack of you ; for , as a bowing or tottering-wall shall ye be , and as a rotten fence . tremble , therefore , at this , all ye perfidious conspiring sh●ba's , and fear in time such just retaliation . certainly , there is none like unto thee , o lord , thou art great , and thy name is great in might . who would not fear thee , o king of nations , for , to thee it doth , indeed , appertain ( to do justice , and take revenge ) for as much as among all the wise men of the world , and in all their kingdoms , there is none like unto thee . now , this remora thus happily ( though very hardly ) removed , this clinging-clyver ( i mean the foresaid earl of straford ) which was ready to over-top and choak the good corn of the kingdom , thus blessedly eradicated ; together with the impeachment and imprisonment of judge bartlet and divers other judges and bishops , t was most strange to say and see what a sudden and generall serenitie and calmnesse from late former fears and affrights shon upon the hearts and minds of most men a long time after , even all over the kingdom . especially , also , when that lamb-skin'd woolf the arch-prelate of canterbury , who had so long and so craftily and cruelly woorry●d christs innocent lambs , was also impeached of high treason , and thereupon forthwith , put into safe custodie under the black-rod , and afterward lockt-up fast in the tower of london , for his suture safe forth-coming , and thus all his former huge and hyperbolicall puffe of ayrie honour and false windie reputation among his clawing pontificians , now at last tumbled into the dust , yea besmeard with the dirt of due disgrace , contempt , and ignominie . o then t was m●rry with harmlesse lambs when ravening wolves were shut up f●st , and lambs at libertie . as it is recorded to be the speech of that blessed queen elizabeth of ever-rarest memorie , upon the lords delivering her from all her uniust , great troubles , by the happie decease of her fierie-sister , queen marie , when the romish bloodie bishops of her time were clapt-up into prison , in her stead , and she delivered from their divill●sh thraldom . yea , then , i say , the former thick-clouds and foggi●-mists of manifold fears began to be cleared , and the fair sunshine of chearfull hopes to arise in the hearts of gods people : and contrariwise , a stonishment and fear began to surprise the spirits of traiterous proiectors , especially at court. for , much about these times , or not long before and after also , sir john finch , secretarie windibank , mr. jermin , and since of late also , the bold and waspish young lord digbie , in the depth of the guilt of their consciences , being impeached also of high treason , trusting more to their heels celerity , than their hearts sinceritie , which , it seems , was none at all , posted away in private like most unworthie fugitives , being thus spued-out ( as i may say ) of their own native countrey like nauseous clods on the stomach of the state , which could not be at any ease or content till it had by some means disgorged them . or rather , as it is reported of that hatefull vermine rats and mice , who by instinct of nature , observing an old barn or rotten-house ready to fall or be puld-down , they skip and scud and creep away , apace , to some more remote and secure place , thus to save themselves from that ( otherwise ) inevitable destruction : so , i say , did this traiterous vermine of our kingdom , those devouring rats of rapine and mice of mischief , who would have gnawn and eaten into the bowels of religion to the ruine of church and state , finding the rotten-house of their long-plotted mischiefs readie to fall on their own heads , to their unavoidable destruction , thought it now h●gh time to skip and scud and run away for their lives , and to get themselves far enough beyond sea , out of the reach of justice strong and long-reaching arm at home . by which means , namely , justice , thus cone on some of them , and the said stroke of justice , thus terrifying and affrighting others away out of the kingdom ; the church and state are like , by gods mercie , to reap this double benefit , to wit , ease and freedom from fears for the present time , and also most hopefull long preservation for the time to come . and was not here a rare parliamentarie mercie indeed , to the kingdom ? to be rid ( any way ) of such catelines of their countrey ? and ought we not to be as thankfull to our god for his privative , as positive favours toward us , as well for the absence of evill things , as the present possession of good things , as well to see gods enemies flie before us , as to see his faithfull servants and dear saints returning-home unto us ? yes doubtlesse ; and to triumph in their terrour , and to laugh and reioyce when their fear comes upon them , yea , when it comes upon them like a fierce armed-man . for , so saies solomon and the kingly prophet david ▪ when the wicked spring as the grasse , and when all the workers of iniquitie do flourish , it is that they may be destroyed for ever . yea , sayes he also , certainly thou , o lord , didst set them in slipperie places , and thou castedst them down into destruction . o , how suddenly do they fall into desolation , and are utterly consumed with fear and terrour ! and then , he sweetly concludes fully to our purpose . the righteous shall reioyce when he seeth the vengeance , he shall wash his feet in the blood of the wicked . so that a man shall say , verily there is a reward for the righteous , verily it is god that iudgeth the earth . now , whereas for these many yeers , heretofore , the discontinuance and unhappie dissolution of parliaments hath ( most like the want of soveraign healing-salv●s to dangerous sores ) occasioned extreme preiudice by long f●stering and p●stering enormities in church and state , and mightily encouraged the audacious and most ungracious workers of iniquitie through strong hopes ( thereby ) of impunity : our good god hath by this blessed parliament provided a cordiall preservative and soveraign antidote against such future pestilentiall diseases and mortiferous growing gangrenes , namely , in that our renowned worthies have by a firm act of parliament , setled a trienniall-parliament , to be for the time to come duely called among us . and yet farther ; since the frequent and abrupt dissolution of parliaments hath also been no small supportation to the wicked intentions of traiterous active spirits among us : it hath pleased the lord to put into the hearts of the king and parliament with an unanimous consent to passe a bill for the most happie and blessed continuation of this present parliament , so as that it shall neither be dissolved nor adiourned without the consent of both houses . which two laws well and seriously considered , ( especially the last of the two , the incomparable happinesse whereof i am not able to relate for the present , but time to come may ) may justly be thought more advantageous to the kingdom than all the former , because they secure a full operation of present remedie , like a constant course of wholsome physick to a very crazie bodie full of encreasing and growing infirmities , affording , i say , a perpetuall spring of remedies to church and common-wealths future growing griefs and maladies . and , because ( according to that old adagie ) a threefold knot is not easily untied , or a three-fold cord , not easily broken ; the more strongly to corroborate all our hopes and ensuing comfort● , and to make them as constant as cordiall ; see , how , yet farther it pleased the lord our good god to enlarge his hand of bountie and benignitie toward us , to leave no means unassayed that might conduce to a perfect cure ; and therefore , i say , how he put into the hearts of our ever to be honoured worthies in parliament , both peers and commons , seriously to consider how sick at the very heart the commonwealth was , both church and state ; religion panting by many fearfull fainting-fits of a strong and violent quotidian-ague of poperie , arminianisme , and many popish , apish innovations , mightily tending to idolatry , and superstition ; and the state brought into a deep consumption , almost hopelesse of remedie , by reason of those many and mischievous taxations and impositions most unjustly pressing and oppressing its strength and abilities , as hath been most abundantly set forth and shewn in our preceding descriptions of them . therefore , i say , on judicious advise and premeditation of the condition of both , our most noble colledge of expert physitians , ( by gods good providence ) timely thought on an aurum-potabile , a precious potion , a select electuari to recover its almost irrecoverable health and strength , a most pious and prudent protestation , to be taken ( next to the heart ) all over the kingdom to revi● their formerly fainting spirits , like pure aqua-vitae , or most soveraign stomack-water to help us all against the future chilling and killing qualms of poperie and oppression . the protestation . i , a. b. do in the presence of almightie god , vow and protest to maintain and defend , as far as lawfully i may , with my life , power , and estate ▪ the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations within this realm , contrary to the same doctrine ; and according to the dutie of my allegiance , his majesties royall person , honour and estate ; as also the power and priviledges of parliament ; the lawfull rights and liberties of the subiect , and every person that maketh this protestation ▪ in whatsoever he shall do in the lawfull pursuance of the same . and to my power , and as far as lawfully i may , i will oppose , and by all good wayes and means endeavour to bring to condign punishment , all such as shall either by force , practise , counsels , plots , conspiracies , or otherwise , do any thing to the contrary of any thing in this present protestation contained . and further , that i shall in all iust and honourable waies endeavour to preserve the union and peace between the three kingdoms of england , scotland , and ireland ; and neither for hope , fear , or other respect , shall relirquish this promise , vow and protestation . a protestation , i say , most worthie to be taken by all honest-hearted english protestants , over the whole kingdom ; a protestation , which i dare be bold to say and justifie , none but hard'ned impious papists , profane atheisticall libertines , or grossely ignorant asses , and carnall earth-worms onely ▪ can dare to be so gracelesse or else shamelesse , either directly to refuse or so much as dissemblingly to defer or neglect on any colour of pretence whatsoever . and that ye may see the substance of what i say , herein , ratified by the worthies of our parliament , i thought fit to give you here their own vote thereon . resolved on the question . that this house doth conceive that the protestation made by them is fit to be taken by every person that is well affected in religion , and to the good of the commonwealth ; and therefore doth declare , that what person soever shall not take the protestation is unfit to bear office in the church or commonwealth . now then ( good reader ) put all these last recited admirable mercies together , and tell me whether thou dost not most evidently see , and mayest not most freely and faithfully say that our great jehovah hath most blessedly brought us out of the mount of many mightie straits and been seen for our most happie deliverance from them all in the mount of mercies ? and seeing these so great and gracious mercies to so sinfull and so undeserving a nation and provoking people as we are , so ungratefull , so unfruitfull ; o who can forbear to break-forth in holy exultation to the high exaltation , by praises ▪ of our good god , and with the pious prophet david , that sugred singer of israel , say and sing with the 〈◊〉 llifluous melodie of a most gratefull heart , i will love thee , o lord , my strength , the lord is my stonie-rock ▪ my fortresse and my deli● rer , my god , my strength in whom i will trust ; my buckler , the horn of my salvation , and my high towre . o how great is thy goodnesse , o lord , which thou bast laid-up for them that fear thee , and which thou hast laid-out and wrought for them that trust in thee , even before the sons of men . o , therefore , love the lord all ye his saints , for the lord preserveth the faithfull , and plenteously rewardeth the proud doer , yea , i say ▪ wait on the lord ( therefore ) and be of a good courage and he shall strengthen thy heart , wait , i say , on the lord. thus have we seen what wonders god hath wrought for us , in the commonwealth ; he pleased now therefore to lengthen-out and lend me thy christian patience , and i shall now also shew thee how the lord hath been as gloriously seen ( if not much more ) in the mount of parliamentarie-mercies to his poor afflicted and affrighted church among us ; which yet , the reader must be pleased to take notice , were intermixedly performed together with the most and first of those fore-mentioned in the commonwealth , onely i have ranckt them together for mine own better and more methodicall handling of them . about the beginning of this blessed parliament , the lord put into the hearts of our grave and godly parliamentarie senators to act their first pious parts about reformation of religion by a most diligent inquisition and search after oppressions and oppressours of the church of god , and by their parliamentarie power to break and knock off the pushing horns of those fat buls of * bashan , wherewith they had fiercely and furiously , yea and as it were even frantickly pusht at and almost goard to death the people of god : and first , upon the petitions of mrs. bastwick and mrs. burton , the pious , but ( then ) most disconsolate and too untimely widowed-wives of their thrice noble and heroick husbands , as also a petition exhibited in the behalf of most precious mr. prinne , that incomparable and rare pair-royall of most worthy witnesses of gods truth ; the pious parliament , like noble ebed-melech , redeemed those just jeremies of the lord out of their ( otherwise ) perpetually captivating most remote and desolate dungeons ▪ to the great joy and comfort of gods dear saints ; together with religious dr. laighton , a long and lamentable sufferer for the great cause of religion ; as also , reverend and religious mr. smart , mr. walker , mr. foxley , and that undaunted picus young gentleman mr. john lilborn , and many others , all of them , immediately set at libertie on the exhibiting of their petitions to the parliament , who had most of them been most unjustly and most injuriously clapt up in close imprisonment , some of them fast fetter'd in irons , all of them most grievously abused ( by our fathers ( forsooth ) of the church , as they will be most falsely termed ) especially those three former most renowned suffering-worthies , whom these persecuting prelates had even most barbarously , as it were , buried alive in most remote and remorselesse ( as they entended it ) imprisonment from sight , much lesse society of any friends , yea utterly debarring their wives from coming to them , clean contrary to the laws of god and man ; this , i say ( to their everlasting shame and infamie ) being perpetrated by those right terrible-ones ( indeed ) mentioned by the prophet yea , those proud scorners , who watched for iniquitie , to make a man an offender for a word , and laid snares for any that durst reprove in the gate , and turned aside the iust for a thing of nought . but , whom now the lord our god hath consumed and brought to nought , and by their own pernicious and craftie counsels , hath justly cut-off , and left in their own snare , which they had prepared for others , just according to that of wise king solomon , the righteous is delivered out of troubles , and the wicked cometh in his stead . the lord having most resplendently cleared the honour and integritie of all those his honourable suffering heroes , restoring them to comfort , credit , and high reputation , ever since their ( as it were , princely and triumphant ) return to london , and most sumptuous entertainment to all gods people , being brought home like three conquering cesars on horsback . even so as that we may say , and most justly declare before them , as king ahasueros caused to be proclaimed before good mordecai , when he so highly honoured him in the very sight and presence of wicked haman ; thus shall it be done to the man whom the king delighteth to honour . as it is most worthily and punctually related , at large , in their own most famous historie of all their magnanimous sufferings and even princelike restauration and return from their captivity to former freedom , penned by pious mr prinne himself , my ever much honoured and most precious friend . and did not the lord , here most strongly and strangely shew himself in the mount for the redemption of all these his beloved isaac's from their unparalell'd thraldom , and threatned utter ruine , and cause his wrath to lay hold on those romish-rams who were entangled in the bushes of their bishoplyabuses to gods children , and so ( by his admirable wise providence ) to make them a prey to his just indignation instead of his innocent and tenderly affected isaac's his beloved lambs ? as hereafter in its proper place we shall have more full and fit occasion yet farther to make manifest to the eyes and understanding of all wise and impartiall judges . we may therefore sing and say with holy david : be glad in the lord , therefore , o ye righteous , who thus taste and trie his great love and truth unto you , and shout for ioy all ye ●hat are upright in heart . reioyce , i say , in the lord , o ye righteous , for , praises are comely , for the godly . sing a new song to the lord , yea sing cheerfully and skilfully with a loud noise ; for the word of the lord is right , and all his works are done in truth . then also did our wise parliamentarie gardiners stub and grub up those noysome trees and shamefull shrubs , whose spreading spight and unprofitable power did mightily overtop , and furiously infest the happie harvest and fair and full crop and encrease of gods blessedly fruitfull orchard-trees , fruitfull i say , in holinesse of life , and painfull and profitable administration of the word and ordinances in their power and purity . for , about this time , also , our expert state-engineers , our worthies in parliament did most prudently countermine , and by their parliamentarie power blow-up the out-works and babel-batteries and mischievous-mounts of our prelaticall canoneers , making their spureous synod to be utterly illegall ; turning the mouthes of their accursed canons , on themselves , making them ( indeed ) truly paper-canons which could neither rend us , nor roar against us , but flash in their own faces , and spoil themselves ; damming them up , or rather damning them , as most antichristian and illegall , by an unanimous vote in parliament . and as for that monstrous et-caetera-oath , that hideous and prodigious hydra , that bottomlesse abysse , i say , and deep-devouring whirl-pool of romish craft and subtiltie which should have supt and swallowed-up into its wide-yawning iaws both church and common-wealth , this they also happily stifled in the embrio of it , ere it could come to its birth , much lesse any of its intended romish destroying growth and maturitie . then those most prudent senators for the better purifying of the churches channels and conduit-pipes of the gospel of grace , and , ( by gods blessing ) to cause them to issue forth more wholesome and pure streams for gods people to drink of ; discovered and discountenanced too , a stinking heap of atheistical and romane-rubbish , a rotten-rabble of scandalous priests and spurious bastard-sons of beliall , who by their affected ignorance and lazieness● , their false ▪ doctrines and idolatrous and superstitious practises in gods worship , as also by their most abhominable evill lives and conversation had , like hophni and phincas made the lords ordinances to be even abborred by the people , who to their hearts unexpressible grief having continually complained of their grosse misdemeanours to those who would be counted the grave pi●lars ( forsooth ) of the church , but were , indeed , but rom●s rotten-posts in thus fostering such fostering henbane of the church , their functions infamie and the foulest stains of that holy calling ; yet could find no redresse of those evils ; but contrariwise , scoffs and jeers and more hard encreased pressures heaped on them ( just like the children of israel in their slavish brick ▪ kils ) yea and sometimes punished for complaining ; till , now , those our most pious and prudent reformers voted against them as most unfit to abide in the ministerie . yea , then those our parliamentarie worthies , the better to help forward the most blessed work of church-reformation , unanimously voted against and discountenanced all our too-rich and lazie non-residents and soul-pining , if not soul-plaguing pluralists , those spirituall polygamists , who ( were the law of man as firmly exact and strict for spirituall as it is for carnall polygamie , or having two wives ) we all know what their danger and just demerit should be . with these also have they most worthily voted down , a sweatlesse swarm of droanish deans and unprofitable prebends , and such like clergie-trash , who lay lurking in the bec-hives of the church , and lurching-away the sweet honey from the laborious bees , painfull preachers , yea infesting and molesting them with their waspish-stings of antichristian tyrannie ( just like the mustie munches and lazie-abbeylubbers of rome , in times past , and which base and blockish condition , they ( certainly ) longed and laboured ( secretly ) to set up again , but i trust their eyes and heart too , shall fail them ere they effect it ) untill they had quite driven them out of their honey-combes , and kill'd or starv'd-up them and theirs by prisons or exile ; all these , i say , were by those our blessed master-builders in parliament by their unanimous suffrages not onely voted against as a superfluous and unprofitable burthen on gods church , but thereby also a way was made plain , and wide-doores were set open for a blessed restauration and replantation of most faithfull and painfull pastours , and laborious lecturers , chosen and set up with the peoples consent and good liking , and not to have dumb-dogs or soul-robbers and theeves which came not in at the doore , but through the windows of the church , violently obtruded on them , whereby the gospel begins to thrive and flourish again , and sions young-converts to be graciously growing up among us , in the true judgement and knowledge of christ jesus ; whereas , formerly the prelates and pontificians durst scoffe , fleer , and jeer familiarly at those faithfull and painfull lecturers , and most atheistically ask in derision , what kind of creatures those lecturers were , and most impiously and audaciously ( even in the presence of the great god of heaven ) vow to * worm them out ●re they had done with them . but our good god gave these curst cows ( or rather wilde buls of bashan ) short horns , and though they had gone-on in a great measure , and done much mischief therein , yet they could not do the hurt which their hearts aymed at , ever blessed and praised be our good god for it . and now good reader reflect thine eyes and review these rare mercies , and tell me then , was not englands god , herein , also seen in the mount of mercies , by this so strange an overture and alteration of things interposed between such eminent and imminent danger of utter losse of our bright and burning candlesticks of the gospel , and fear of stinking snuffs of ignorance , errour and atheisticall profanenesse to be set up in their places , and little or no hope ( at least it● humane apprehension ) of help by lesse than such miracles of mercies as god himself hath in these our happie dayes wrought and poured-down upon us , and such indeed as none but a god could procure for us . o how sweetly and suddenly hath god turned our captivitie into admirable freedom and libertie . and who can consider these things without serious and deep admiration ? and who can call them to remembrance without heart-ravishing ioy and delight ? yea who can chuse but acknowledge in his most gratefull heart the great praises of the lord ? and with holy david , that harmonious chanter and musicall inchanter of israel , confesse gods infinite free favour and love to england in thus encompassing and begirting us about with sweet songs of such deliverances . but yet here 's not all , for our blessed parliamentarie worthies have also given us great hope ( by gods goodnesse ) of timely purging also the two famous fountains of our kingdom , oxford and cambridge from the much myre and mud of romish innovations , which , setling there also hath made their streams stink of poperie ; yea , i say , great hopes of happily healing the ( once most clear-sighted , but now and of long time ) blear-eyes of our nation , grown mightie sore with romish-rednesse , by drinking in too much of the wine-lees of poysoning popish fopperies ; in so much that truths clear sighted servants eyes began to be mightily offended by but looking on them ; and not without cause , for , as our saviour himself saies ; if the eyes be evill , the whole bodie will be full of darknesse ; and , if the light that is in a kingdom ( and especially which is to give light to a whole kingdom ) be darknesse , o how great is that darknesse ! and such truly began to be our kingdoms condition ; but now we have , i say , great hopes , by gods gracious assistance , that our parliament will seasonably provide a soveraign collyrium or eye-salve , some well-distilled eye-bright of reformation to purifie the sight of these two , once most glorious lights in the whole christian world . yea , these our noble nehemiahs , and grave and gracious ezra's have taken most pious pains to see gods sabbaths more sincerely sanctified than of late they have been , and the profane soil of trauelling carriers , taverns , ale-houses , and tobacco-shops , and other loose and irreligious shop-keepers ( who heretofore mightily polluted that day ) most sweetly swept away any cleansed . a work of great concernment and high esteem for the glorie of the lord , than which , i am certain , a greater , a better cannot be undertaken , as being the very prop and promoter of all true religion , and without the entire and sincere sanctification whereof all true religion would quickly decay , and be utterly lost ; yea , i say , a nation-upholding christian dutie of richest valuation , as having more precious promises annexed to it than any other i know of in the whole book of god , and which hath more ennobled our realm and made our kingdom more illustrious ( god alone who hath so graciously upheld it among us , have all the praise and glorie of it , and we onely the comfort ) than all our reformed neighbours about us ; yea such a blessed and holy duty as hath caused more mercies to fall , yea flow , upon our english-nation than ever did on any people of the christian world . yet our most iniurious prelates , together with their profane pontificks have most shamelesly striven to viciate and defile this our sabbaths precious honour ( the main readie and road-way to have brought the curse of god upon us ▪ and utterly to have ruinated our whole kingdom ) by whose means it began in king james his dayes to receive a deep died stain by that most wicked and accursed book of tolerating vain sports and profane recreations , forsooth , on the lords day , which , since hath been avowed and advanced more highly by them , than , at the first ; but now , since , in our present soveraignes time more pertinaciously pressed and perniciously enforced on gods dear saints and servants in the ministerie than formerly it had been , whose tender-consciences could not endure it , and who ( being in their most just zeal for the lords high honour therein , and sincere love to true religion transported above all fears and frowns ) were most egregiously abused , vexed and punished for refusing to admit and read the said wicked-book in their churches : untill it most graciously pleased our good god by the blessed parliament to prevent the most mischievous growth of this unexpressible abomination of our so holy fathers of the church together with the rotten rable of pontifick-arminians , romes minions indeed , by a particular order from the house of commons in parliament for the more strict sanctification of that day , which i have hereunto annexed . the order of the house of commons for the due sanctication of the sabbath or lords day , april , th . . it is this day ordered by the house of commons that the aldermen and citizens that serve for the citie of london , shall intimate to the lord maior , from this hou e that the statutes for the due observing of the sabbath be put in execution . and it is further ordered , that the like intimation from this house be made to the justices of peace in all the counties of england and wales . and the knights of the shire of the severall counties are to take care that copies of this order be accordingly sent to the justices of peace in the severall counties . and also by setting our printing-presses open whereby a happie way was laid open again for gods learned and loyall servants by their pious pens and elaborate labours to vindicate the sabbaths most glorious lustre to the honour of godlinesse and purity of religi n. and was not the lord , herein , also , seen in the mount of mercies for englands preservation from the guilt of such a wrath provoking sin , of such a land-scourging r●● as this might have proved to out kingdom ▪ had it so continued , as by the hellish zeal of out prelates it was intended ▪ sing praises , therefore , o england , sing praises unto god , o sing praises , sing praises to our glorious king. for , god is the king of all the earth , sing praises , therefore , o england , to thy god with understanding . thy god , o england , reigns over the whole world , and sits gloriously triumphing on the throne of his holinesse . yet , here 's not all , for , our ever to be honoured heroick parliamentarie ▪ worthies have added to that former pious pains o● theirs , this their godly care also , namely , to 〈◊〉 and purifie the holy worship of our god from the filthie l●●s and dregs of popish ceremonies , whereby the tender ●onsciences or godly ministers are not so tyed to romish trumper●● of vestures ▪ and gestures , crouchings and cringings , and jesu-worshippings , and a multitude of such like mimicall actions in gods worship and service , as formerly they had been most tyrannically pressed and enforced to . yea , all images , crucifixes , and any pictures or representations of any of the persons of the trinity , or of the virgin mary , quite dimolished and extirpated out of gods house ; all corporall jesu-worship , i say , and altar-adoration ( sure and infallible signes of popish ignorance , and of the romish-strumpets outward-paintings , but inward rottennesse , what ever fair ( yet false ) pretences foolish men and women would , like jeroboam for his golden calves-worship , impiously put upon them ) most piously prohibited , and altar-rails pull'd-down , and communion-tables set in their proper postures ; yea all high-steps and ascents to their altars ( clean * contrary to gods prescript word ) by degrees commanded to be levelled ; burthens and conscience-grievances , which neither we nor our fore-fathers that truly loved the lord jesus christ , and were tenderly-affected to his pure worship , could possibly bear : but now they are most happily taken from our tyred necks , and almost broken-backs , as by an order of parliament may and doth most comfortably appear , which for the precious excellency and rare memory thereof , i have thought good here to insert , exactly and verbatim as it came from the parliament , to the everlasting glorie of our great and good god , the honour of our worthies in parliament , and the unexpressibly joy and consolation of all gods people that peruse it . an order from the parliament against divers popish innovations . dated , sept. . . being wednesday . vvhereas divers innovations in or about the worship of god have been lately practised in this kingdom , by enjoyning some things and prohibiting others without warrant of law , to the great grievance and discontent of his majesties subiects ; for the suppressing of such innovations , and for preservation of the publike peace , it is this day ordered by the commons in parliament assembled , that the church-wardens of every parish and chappell respectively , do forthwith remove the communion-table from the east end of the church , chappell , or chancell , into some other convenient place ; and that they take away the rails , and levell the chancels , as heretofore they were , before the late innovations . that all crucifixes , scandalous pictures of any one or more persons of the trinitie , and all images of the virgin mary shall be taken away and abolished , and that all tapers , candlesticks and basons be removed from the communion-table . that all corporall bowing at the name ( jesus ) or toward the east end of the church , chappell , or chancell , or toward the communion-table be henceforth forborn : that the orders aforesaid be observed in all the severall cathedrall churches of this kingdom , and all the collegiate churches or chappels in the two vniversities , or any other part of the kingdom , and in the temple-church , and the chappels of the other innes of court by the deans of the said cathedrals , by the vice-chancellours of the said vniversities , and by the heads and governors of the severall colledges and halls aforesaid , and by the benchers and readers in the said innes of court respectively . that the lords day be duely observed and sanctified all dancing and other sports , either before or after divine service be forborn and restrained , and that the preaching of gods word be permitted in the afternoon in the severall churches and chappels of this kingdom , and that preachers and ministers be encouraged thereunto . that the vice-chancellors of the vniversities , heads and governours of colledges , all parsons , vicars , and church-warden ▪ do make certificates of the performance of these orders : and if the same shall not be observed in any the places afore-mentioned , upon complaint thereof made to the two next justices of peace , major , or head-officers of cities or towns corporate . it is ordered that the said justices , major , or other head-officers respectively , shall examine the truth of all such complaints , and certifie by whose default the same are committed . all which certificates are to be delivered in parliament before the thirtieth of octob. next . resolv'd upon the question ▪ that this order now read shall be an order of it self , without any addition for the present and that it shall be printed and published . nay , here 's not all yet , for , our god whose hands are still open to replenish and satisfie our souls with ioy and gladnesse ▪ yea ( now ) to nourish and cherish our formerly sad hearts with the failings of his over-flowing favours , hath taken from us our accustomed terrours and restraints of free libertie to hear the sweet sound of aarons b●ls especially on the lords ▪ dayes . as is more fully seen and assisted by a blessed order from the parliament to our unexpressible comfort , which order i have thought fit to be here inserted . die mercurii , sept. . . it is this day ordered by the house of commons , now assembled in parliament ; that it shall be lawfull for the parishioners of any parish within the kingdom of england and wales , to set up a lecture , and to maintain an orthodox minister , at their own charge , to preach every lords-day , where there is no preaching , and to preach one day in the week , where there is no weekly lecture . he. elsyn . cler. dom. com. whereby no man ( now ) is enforced to stay at his own church where there is no preaching to promote the honour of the day , and to feed hungrie souls with that heavenly manna , whereof ( the lord knows ) many thousand souls in citie and countrey stood in need , and ( had our prelates stood in the heighth of their quondam pride and crueltie ) they must not have stir'd out of their own parishes to seek it elsewhere , but their souls must have starved and died for lack of it , or else have been poysoned ▪ with base arminian stuffe and dregs of poperie , thereby to suffocate and choak their poore souls and spirituall understanding , and to make them ( like themselves ) fit fuell for the increase of the flames of hell ; such ▪ i say , was their soul-killing crueltie and tyrannie . for why , in those dayes of the ruffe of their pride , they had familiarly and most easily ( yet with romish craft and subtiltie ) under a pretence ( forsooth ) of too-abstruse and profound and dangerous points not fit to be handled in pulpits by ordinarie preachers , but by their grave bishops , doctors ▪ deans ▪ and such-like rare seraphicall rhetoritians , schoolmen , and masters of ( high-commission ) sentences , nor in all churches , but in cathedrals ( forsooth ) and that not at all times , but at easter , and whitsuntide ; and such like solemn festivals , under these pretences . i say , they had by their exorbitant ecclesiasticall power and jurisdiction , easily , but impiously prohibited all pure and powerfull preaching on deep points of o●l-saving-grace , as free justification by faith ▪ predestination , certainty of salvation , finall perseverance ▪ and such like ; discountenancing ▪ yea punishing all those that thus preached or opposed their popish-arminian doctrines , and advancing and preferring none but their own arminian faction , rotten-hearted prete●ses ▪ apt to be turn'd with every wind of false-doctrine , meer temporizers , altar ●ringers ▪ fellows onely fit to make romish-jades to carry popish-packs to lambeth fair , and soul-crushing burthens on their basebacks , and mercenarie shoulders . but , now , see ( i say ) ( o , to heavens eternall praise and glorie be it spoken , and to our unspeakable comfort ) how our good god , by his blessed parliament hath freed our pulpits , churches , and our consciences too from the soul-devouring corruptions of these clergie-caterpillars , no better than romish-locusts who are most blessedly blown away with the eastern-wind of gods vindicative indignation against them . and instead of these that did so besmear , deface and defile truths most amiable countenance and sacred beautie , the lords gracious out-casts ( who had formerly been checkt and chid , and churlishly forced out of the kingdom ( by our prelates pride and insolencie ( more worth than thousands of their pontifick train ) and constrained to expose their lives , their wives , children , and estates , to all the miseries which sea and land could threaten or bring upon them , are now most happily call'd home again . o iniurious holy fathers , thus unworthily to use , thus irreligiously to abuse gods so precious iewels , and to prize their beggarly popish ceremonies before such holy saints of god , who shined so illustriously both in their lives and learning . by which so blessed change and overture for the best , truth durst now shew her fair face in every pulpit , and speak plainly and home , and needed not ( as formerly ) to be shrouded under secret shelters , or creep into corners for fear of pernicious persecutours : yet thus it was , ●ea thus it familiarly was practised by our prelates ( to their indelible shame and infamie be it spoken ) witnesse their hideous high-commission-court , a court of everlasting ill-savour , which , indeed i may fitlier call a spightfull rather than a spirituall court : which at the first ( as a reverend and eminent divine well notes ) was ordained ▪ like the dogs in romes capitoll , to fright and scare away romish jesuiticall theeves and enemies of the church ; but hath all along , for the most pa●t sorely bitten and barked against honest men onely ( especially in these our later dayes ) and driven them from the church . a court , i say , which made no scruple familiarly to slay both the souls and bodies of gods most dear and precious servants , not onely in those hot marian-flam●ng dayes , but even in these our more modern times , wherein our prelates and their pragmaticall pontifician sycophants did so crake & brag of their soft & smooth fatherly - government of the church , o how many soules and bodies hath that accursed court shut up in dark dungeons ▪ or els made poor waveringmindes turn apostates for fear of their harpeian-pawes to crush and squeez them out of their meanes and livelyhoods , to the utter undoing of them and theirs . the wickedness of which court may more fully , yea more foully appear by our taking notice of the limmes and members of it , who from the very head to the foot of them , are a pack of irreligious , profane , and most loose-lived nominall protestants at large , yea , generally , atheisticall scoffers at sinceritie in religion and the power of godliness , which indeed was a paradox & meer mysterie to them , & w ch they never were nor would be acquainted with . certainly , all that rightly know them & know , how , piously to discern and to judge between light and darkness , can truely testifie with me this truth , that it is exceeding difficult ( if not impossible ) to finde one among them all that is truely and cordially pious , even the best of them ascending onely to the happiness of a meer civill-honest man , ( in my best observation of them for these fortie or fiftie years ) and what their happiness therein is , ( if it ascend no higher ) our blessed saviour christ himself will to their little comfort tell them namely , that if their righteousness exceed not the righteousness of the scribes and pharisees , they shall never enter into the kingdome of heaven . but , now , blessed , for ever blessed and praised be our just and glorious god , this wicked court , together with that other illegitimate and spurious off-spring of our lordly prelates , i mean , their oath ex officio ▪ an elder bratt of the other babylonish-brood , and no lesse replete with accursed conscience-torturing snares than the other , to break the backes of mens and womens estates , consciences , and earthly comforts , by racking the very soules and wracking the bodies , by imprisonments , of both sexes that were consciencious , and would not obey their wicked injunctions . and in no small measure also was this court and oath , together with their perjurious and vile visitation-articles , a most miserable vexation to poor church-wardens all over the kingdome , who by these netts were entangled , and by their most unjust 〈◊〉 and unlawfull injunctions were made a prey to their p rnicious practises , and thereby also made forges and a●vills for the prelates to hammer all their torturing taxations on gods peoples consciences . but , now , i say , both this wicked court and those their bastard-bratts are ( by gods good providence and great mercie ) condemned to return to their stygian-patrons , from whom they had their first rice and originall . and , o , i could wish , with all my heart , that ( in ●ternam rei infamiam ) that-sentence were set on this court , or that roome of lambeth-house where it was constantly kept , which is mentioned in the prophecie of daniel , namely , that it might be made a jakes or dunghill , with this inscription engraven in marble with fair capitall letters . * this jakes was , once , the high-commission-court . so hatefull and hurtfull , i say , was that court and its accursed effects to gods people in this kingdome , especially being back● and ●oulsterd-up with the irresistible wrongs and unavoidable oppressive censures of the star-chamber , whether godly men and women of all ranks and conditions that disobeyed the high-commissions unlawfull commands , were turned over when their own ecclesiasticall power was not prevalent enough to punish and plague them so deeply as their malice and mischief aymed at : yea and the all-overtopping power of the councill-table was no small assailant of the subjects and assistant to the prelates wicked designes ; but , that tyrannizing starr-chamber court is by our prudent parliamentary worthies voted down ( as hath been formerly touched ) to the unspeakable comfort and freedome of the kings best and most loyall subjects ; and the immoderate and excessive power of the councell-table is by the wisdome of our most worthy senators so ordered and restrained , that we may well hope ( by gods mercie ) such things as were heert●fore frequently done to the intolerable prejudice of the subjects libertie , will appear amongst us in future times but onely in stories , to give us and our posteritie more just occasion to bless our god for his majesties goodn ss , and for the faithfull and indefatigable endeavours of this present parliament . now , then , put all these last fore-mentioned parliamentary-mercies together into one account , and then tell me whether they do not arise to a mightie 〈◊〉 and deep debt of ●●erlastingly obliging gratitude to our so bountifull and ●p●n-handed & enlargedhearted a god to us so und serving , and rather wrath-provoking a people , in thus conferring such 〈…〉 such incomparable free kindnesses on england such a sinfull naug●●ie nation ? yea , tell mee ( good reader ) on serious reco●●ction and recogitation of these most bounteous bl ssings , whether the lord jehovah hath not been seen most conspicuously to england above all nations round about it , on the mount of matchless mercies ( to the ineffable joy and rejoycing of our soules ) in the deepest gulfes of our stinging-staites . whether our god hath not with admirable patience , goodnes , and favour , waited on us that he might be gracious unto us , and exalted himself that he might have mercie upon us : for the lord is a god of judgement , o blessed are all they that wisely wait for him . for , his people shall dwell in sion at jerusalem and shall weep no more . for , he will be very gracious unto them at the voice of their cry , and when he shall hear it , he will answer them . and though the lord give them the bread of adversarie ( for a season ) and the water of affliction , yet shall not their teachers be removed into a corner any more , but their eyes shall see their teachers again . thus , o even thus hath our gracious god directly dealt with us , thus hath our english-israels sh●aph●rd of his late poor despised stock kept a carefull watch over us , who had been els made the prelates perpetuall-asses to bear all their romish and slavish burthens . wherefore with holy david , we may justly and ingenuously acknowledge ; thy righteousnes , o god , is very high , who hast done great things for us , o god who is like unto thee ? thou who hast shown us great and sore troubles , yet hast quickned us again and brought us up from the depth of the grave . our lips shall greatly rejoyce when we sing unto thee , and our hearts and soules which ●hou hast redeemed . our tongues shall talk of thy righteousness all the day long ; for they are confounded and brought unto shame which most seditiously and scelerously ought our destruction . and thus have we all most perspicuously ●een and observed how gracious and propitious the lord hath been to his late most tottering church ▪ crossing her 〈…〉 ●n all their deepest designes & most sublime imaginations , leaving them still in the lurch and loss when they seemed to swell with highest conc●ipts of cruell and accursed conquests over their harmless brethren , letting them see ( if they wilfully blind not their eyes ) their big-swoln tympanie of unsufferable pride and arrogancie to be turned into a flashie ignis fatuus of self-deceiving subtiltie ; and changing all their vaporous ▪ puffs of gross impiety into folly and madness but , now let us proceed to enlarge our most serious observations on what remains still in a most admirable measure heerin , and let us yet farther see and consider , how the lord who is neverweary of well-doing ▪ nay who takes delight and great pleasure to pleasure his freely beloved ones with his plenteous benefits ; of whom we cannot say as esau to his father isaac ; hast thou but one blessing , my father ? but a god who the more he gives the more he hath to give , being indeed , an unexhaustible spring and never to be dryed but ever-overflowing fountain of all goodnes whatsoever . but , withall , take this note by the way with thee , good reader , that as before , so now especially in these ensuing remarkable mercies thou shalt see the rage and malice of the malignant partie , marveilously interposing their wicked plotts to cross and utterly to frustrate , as much as in them lay , all the wayes and means of gods intended , yea and miraculously performed mercies to us , but yet all their plotts and desperate designes by gods good providence , were still strangely thwarted and timely discovered and disappointed , to our comfort and their shame and helpless vexation . let us now then , i say , goe-on to see how our glorious lord and king persists to make us ( of our selves , i confesse , and in respect of our capernaum-like means of grace so unimproved , the most ▪ infull and undeserving nation under heaven ) the most beloved and happiest nation in the world . see therefore how our renowned parliamentary-worthies freed the kingdome from that former illegall compelling of the subject to receive the order of knighthood against their will ; from the encroachments and oppression of the stannary-courts and extortions by clerkes of markets , from vile vexations also by parkes and forrests , which were now by a law reduced into their right bounds and limits . yea how they moved and prevailed with the king to set forth his proclamation for banishing all the romish priests and jesuites out of the kingdome on pain of death upon their after-apprehension in the land : together with an act of parliament for disarming of all popish-recusants over the whole kingdome , to the great comfort and securitie of gods people , who before were in continuall feare of their mischievous insurrections , as being well acquainted with their rebellious spirits on all advantages ▪ it also being a principle of their religion , for the advancement of the catholick-cause , not to keep any plighted faith with heretickes ; for such they account all that are not of their romish ( not faith , but ) faction . yea that cage of most unclean birds , sommerset-house , i mean , in the strand , cleansed in good measure of those egyptian croaking froggs , the filthy capuchin-fryers and priests , who lay lurking there too long , like so many muzled wolves and tygers : all these or the most of them banished and transported over-sea from us : and the queen-mother of france , ( the more to free our hearts from feares and discontents ) happily also transported beyond sea from us . about which time also to settle our hearts with yet more solid comfort , and the more firmly to consolidate our future hoped happines , it pleased the lord to put into the hearts of our most noble parliamentary patriots , to unite and knit all the three kingdomes of england , scotland , and ireland , in-a most firme league and conjunction of perpetuall love and amitie , and of mutuall defence against all malignant adversaries either domestick or forrein : and to confirm all this by a particular act of parliament , ratified by a full consent of the king and both houses , together with an act of absolute oblivion of all exceptions and differences whatsoever formerly intervening twixt prince and people . upon which both armies of english and scottish souldiers were shortly after most happily & peaceably dismissed and disbanded , to the high hononr of our wonder-working god , and the unexpressible joy and comfort of both nations , thus most lovingly and sweetly shaking hands of true friendship at their peaceable departure . and for the farther confirmation of this our happines and due retribution of praise and glory to the lord our god the authour of it , there was an ordinance of parliament for a day of publick and solemn thankesgiving for this peace so happily concluded between england and scotland , which for the glorie of god and honour of our king and worthies in parliament , i have thought fit here to insert verbatîm as it was published . an ordinance of parliament for a day of publick thanksgiving for the peace concluded between england and scotland . vvhereas it hath pleased almightie god to give a happie close to the treatie of peace , between the two nations of england and scotland , by his wise providence defeating the evill hopes of the subtill adversaries of both kingdomes ; for which great mercy , it was by the kings most excellent majestie , the lords and commons in this present parliament enacted , that there should be a publick thanksgiving in all the parish-churches of his majesties dominions : it is now ordered and declared by the lords and commons in parliament , that the time for the celebration of that publick thanks to almightie god for so great and publick a blessing , shall be on tuesday the th of sept. by prayers , reading and preaching of the word in all churches and chappels of this kingdome , whereof we require a carefull and due observance ; that we may joyne in giving thanks , as we partake of the blessing with our brethren of scotland , who have designed the same day for that dutie . according to the act of this present parliament , for confirmation of the treatie of pacification between the two kingdomes of england and scotland , whereas it was desired by the commissioners of scotland , that the loyaltie and faithfulness of his majesties subjects might be made known at the time of the publick thanksgiving in all places , and particularly in all parish-churches of his majesties dominions : which request was graciously condescended unto by his majestie , and confirmed by the said act. it is now ordered and commanded by both houses of parliament , that the same be effectually done in all parish-churches throughout this kingdome upon tuesday the th day of sept. next coming , at the time of the publick thanksgiving by the severall and respective ministers of each parish-church , or by their curates , who are heerby required to reade this present order in the church . and was not the lord most gloriously heer seen in the mount of admirable mercie and deliverance to england and scotland after such a marveilous manner as never any nation could produce the like parallell of gracious providence ? and may we not therefore with holy david ▪ israels sweet singer confess we have found the lord ( according to his word ) a sure defence for the oppressed , even a refuge in time of trouble . and therefore they that know thy name will put their trust in thee , for thou lord hast not forsaken them that have seriously sought thee . yea , he that is our god is the god of salvation , and unto this god and mightie lord belong the issues from death ▪ heer also ere i have done with this mercie , let me desire the reader to take notice of the admirable wisdome and justice of god in thus clearing the innocencie and integritie of his children ▪ o , what bitter aspersions did the prelates , arminians , and malignant partie cast on our brethren of scotland at the first , nothing but traytors and rebells could be heard out of their slanderous mouths : but , now see , i say , how gods wisdome and justice ordered it , that even those tongues that had so taunted them ▪ yea and in their pulpits too , should now be forced even in the face of their congregations to give themselves the lye . that of job being heerin most clearly ratified ▪ that the poore hath hope and iniquitie stoppeth her mouth : and that also of the holy prophet david , which is full to our purpose , that the king and all good men shall exceedingly rejoyce and glorie in god ; but the mouth of them that speake lyes shall be stopped . and now also , let me tell thee , courteous reader , ( to make these mercies yet more glorious to the praise of our god ) that in the interim that those two armies lay so together in the north , the pestilent spirits of the malignant partie lay not still , but were most maliciously working by their agents and instruments ( the popish lords and pernicious prelates being also maine sticklers in all these mischievous designes ) to disaffect and discontent his majesties armie by scandalous and most false accusations and imputations on the parliament , thus to engage it for the maintenance of their most wicked designes of keeping-up the bishops in their votes & lordly honours and functions , and by force to compell the parliament to order limit and dispose their parliamentarie proceedings in such a manner as might best concurre with the intentions of their dangerous and potent faction . now this plot of bringing the english - armie from the north southward to london against the parliament for the causes aforesaid , having been particularly enquired into and examined both by that noble and vertuous gentleman m r fynes and sir philip stapleton , with others , they made report thereof to the house of commons about june . . that they found , that for the advancing of the said plott , the earl of strafford had attempted his escape out of the tower , and to effect it the better , had promised that worthy gentleman sir william belfore , then leifetenant of the towre li. and to marry his sonne to his daughter , and to make it one of the greatest matches in the kingdome ; but sir williams loyaltie was such as not to be corrupted by such base bribes . that captain billingsl●y was invited by sir john suckling , ( a suckling , indeed , in honestie , but not in treacherie , ) to have employment in this pernicious project ; and that one captain chidley brought down many instructions to the armie . that colonell goring should have been leivetenant-generall of the said armie , and that the prince and the lord of newcastle were to meet them in nottinghamshire with a thousand horse ; all which propositions came from m r jermine and were dispersed and made known by serjeant major wallis and captain chidley . the said wallis having confessed also that the french would assist them in this their design ; and that our holy ( or rather hollow-hearted ) clergie of england , whereof the reverend ( forsooth ) bishops were the ringleaders , would at their own charge set forth and maintain a thousand horse ; farr more than ever they yet proffered ( by a thousand ) to assist against the barbarous and bloudy popish rebells of ireland : to the addition of their everlasting shame and ignominie be it spoken . finally , that an intercepted letter of m r jermines to m r mountague imported , that they expected the earl of straford with them in the north ( but blessed be the lord , their wicked hope was frustrated as aforesaid ) and that for the better completing of these their most accursed designes , jermine much endeavoured to get portsmouth into their hands ( as one m r bland confessed ) but could not compass it . these and such like plotted designes , for the ends afore-mentioned , being farther discovered and witnessed by severall depositions of diverse examinates , as the reader may more fully see in the late remonstrance of ireland , published by authoritie of the parliament . but when this mischeivous assigne and attempt of theirs , thus to bring on that armie against the parliament and citie of london ( which they well knew was all along a main and strong fast friend to the parliament ) had been by gods great mercie timely discovered , and thereby utterly frustrated and prevented , they presently undertook and attempted another design of the same damnable nature , with this addition to it , namely , to make the scottish armie neutrall , and so to sit still and let them alone whilst the english armie ( which they had laboured to corrupt and invenome against the parliament and citie of london by false and slanderous suggestions ) should execute their malice to the subversion of our religion , and the dissolution of our long happie government . thus , i say , did they plott and continually practise to disturb our peace and to destroy all the kings dominions : and for that cause had employed most industriously their emissares and agents in them all for the promoting of these their devillish designes . but by gods infinite mercie , and the vigilancie of such as were honest and well-affected to religion , to peace , and the prosperity of the parliament , they were all , i say , still ( timely ) discovered and defeated , before they could be ripe enough for execution among us in england and scotland . onely in ireland which was farther-off , and full of papists , jesuites and priests , they had time to mould and prepare their wicked work , and had brought it to much pernicious perfection . for , not long after , the most bold and bloodie rebellion in ireland brake-out there , which had it not been timely revealed and prevented by gods great mercie and good providence in the preservation of the castle of dublin , but the very eave before it should have been taken by the rebels ; the whole kingdom had been fully possessed by them , the government of it totally subverted , the true religion had been quite extirpated and rooted out , and all the protestants whom the conscience of their dutie to god , their king and countrey would not have permitted to joyn with them , had been utterly destroyed , as in a most lamentable manner very many thousands of them ( poore souls ) have alreadie been , as is most fully and fearfully to be seen ( to the terrour and amazement of all christian hearts that read the same ) both in that treatise , entituled , irelands-tears , and the irish-remonstrance . and , indeed , they have , therby , kindled such a fire , there , and blown it into such an over-spreading flame , as nothing but gods extraordinarie blessing upon the wisdom and endeavours of this state will be able to quench it . and certainly had not god in his great mercie to our land and nation discovered and confounded their first designe , for the grand-plot of all on england and scotland , we all in england had certainly been the prologue to this wofull tragedie in ireland , and had by this time ( and before them ) been the most deplorable spectacle of lamentation and wo , ruine and confusion to all europe that ever the sun beheld . and therefore here , me thinks , we may most fitly take up that of holy david , with a little inversion of the words to our selves . if the lord had not been on our side , now may england say ( and that most justly ) if the lord had not been on our side , when men rose up against us ; then had they swallowed us up quick , when their wrath was kindled against us . then the waters had overwhelmed us , the proud waves and raging billows had gone over our souls . but blessed , o , for ever blessed be god , that hath not given us over as a prey to their devouring teeth . now about this time , it pleased the lord to permit the malignant partie so far to prevail with the king , ( and among them the lord cottington , a popish lord , and strongly suspected to be one of the prime projecting heads of that faction ) that sir william belfore , a worthy and noble gentleman then lieftenant of the tower of london was displaced from that office of so great trust , and the said lord cottington made constable of the tower , who presently kept a great pudder in the tower , placing and displacing things therein , planting ord●nance on the wals thereof , with their mouths toward the citie , entertaining souldiers to guard and keep it of very ill-condition , and suspected for poperie ; all these to the great terrour and amazement of the vigilant citizens of london , who had still extraordinarie jealous eyes on him and all his actions and carriages , and thereupon complain'd and petitioned the parliament against him , and his demeanour in the tower , and the parliament moved the king most instantly about it ; who on their long and urgent importunitie at last so far prevailed with his majestie , that he put the lord cottington from being constable of the tower , and chose-in one collonel lunsford to be leiftenant thereof ; a man of an ill name and condition of life , and whom i my self knew a prisoner in newgate , not very long before , for a great abuse offered by him to sir thomas pelham , now a worthie knight of sussex , and at which time of his imprisonment , there , it was generally and credibly reported , that upon an abuse done by him also to one of the officers of newgate ( who had been his very good friend in the time of his imprisonment ) he brake prison , or stole away , and left the poore clerk of newgate in great distresse and danger thereby ; and a man , indeed , most iustly excepted against by our grave parliamentarie senators , as most unfit to have such a trust and power entrusted to him , especially in times of such great and constant fears and distractions of the state and city of london . whereupon , this man also was much and long petitioned against , both by the citizens of london , to the parliament , and by the parliament to the king , to have him remov'd , and a man of known and approved integritie , on whom they might safely confide , to be chosen into the place , and to have the safe custodie thereof committed to him . whose removeall was also , at length with much adoe condescended unto , by his maisstio , and the said collonel lunsford put out , the king putting in one sir john byron , a gentleman though of no such ill-savour of life as the former , yet not answerable to the desires of our prudent worthies in parliament , whose wisdom and circumspection fore-saw that to be amisse in the choice , likewise , which much discontented them ; and enforced them to petition his maiestie for his removeall also , as it was the joynt desire likewise of citie and countrey . here therefore we may now see the great goodnesse of our god , in thus wisely disposing and ordering things ; that though the malignant partie seemed so far to prevail , and get advantages against gods people , yet even in these also the lord still crost them and their devillish ▪ designes , and regarded the desires , and cleared the fears of his servants for his own names sake . much about which time , a most impious and malicious-hearted fellow audaciously sent a letter to the parliament , directed and endorsed to that ever most highly honoured member of the house of commons , mr. pim , a most pious patriot of his countrey , and in it a filthie fresh plaster taken from a plague-sore , expressing in the letter what it was , and why t was sent , namely , in hope , that the very sudden sight and thought on it ( he being , then ▪ in the parliament house ) might and would damp and dead his heart with fear , and so have infected the worthie gentleman to death , with it . a copie of which letter i have thought fit here to insert , that the reader may see the odiousnesse of it and this action more fully . the copie of the letter sent to mr. pim , in the parliament house , with a filthy plague-sore plasture in it . master pim , do not think that a guard of men can protect you , if you persist in your traiterous courses , and wicked designes . i have sent a paper-messenger to you , and if this do not touch your heart , a dagger shall , so soon as i am recovered of my plague-sore . in the mean time , you may be forborn , because no better man may be indangered for you . repent traitour . which letter was delivered , i say , as mr. pim went into the parliament . but contrary to the wicked intention of the master and message , god ( whose will all his creatures obey , to save or slay , as he pleaseth , as was remarkably evident , in that fiery fornace seven times hotter than ordinarily , yet not able so much as to singe the hair or clothes of that pair royall of god-adoring hebrews cast thereinto ) preserved this noble gentleman from the intended evill thereof . for , this undaunted and conscience-unspotted couragious worthie ( like that magnanimous romane camillus of whom plutarch in his lives , makes mention , who whiles he was delivering his embassage to the heathen prince to whom he was sent by the senators of rome , and with whom the romans , that time , waged war , this princes nobles had suddenly and unknown to camillus , set a mightie elephant close behind his back , and made it suddenly and extremly to roar , therby thinking to have startled and frighted this famous romane , but he was nothing moved therewith , but went-on smoothly and undauntedly with his embassage , to the wonder and amazement of this prince and his nobles , who were mightily taken with the unbended resolution of this couragious romane ) so , i say , this piously valourous-hearted gentleman , mr pim , was nothing at all dis-heartned or distempered at the sight of the plaisture , nor with the wicked threats which that atheisticall wretch sent besides in the letter to stab him with his dagger if that plasture failed , god having hitherto preserved him ( and i trust so will ) a most loyall subject to his soveraign , and a most prudent and painfull promoter of the best good in church and common-wealth . and although it may , peradventure , be objected , that this was but a private or particular passage , and therefore not so pertinent to our purpose : yet considering the eminencie of the person , and his employments and use in parliament for the publike good , and the transcendent malice and envie of that malignant person whoever he was , ayming at a publike mischief therein , i could not conceive it impertinent to the present occasion , but very worthy our observation and gratification to god for it . much about this time also it pleased the lord to put into the hearts of the worthy citizens of london , to take into their serious consideration the great retarding and delaying of the weightie affairs of the kingdom , and the unhappie protraction of punishing delinquents , together with the uncomfortable reluctancies and disunion between both the houses , and all this by reason of an ill-affected potent and pernicious destructive partie , especially in the house of lords , by prelates and popish-lords , striving and contriving to hinder or quite make void all good votes among them , and to advance all evill . therefore , i say , the most and best-affected and pious-hearted citizens of london unanimously petitioned both houses of parliament touching those and such like serious and important matters , being , i say , most of them , men of the best note and qualitie of the whole citie both for piety and ability . who went with their petition to the parliament , in a most grave and substantiall equipage , in fiftie or sixtie coaches at the least , and were there most graciously and gratefully entertained both by the lords and commons , and received a most cordiall and comfortable answer to their petitions ; which act of theirs ( they being the samplar and pattern even of the whole kingdom , and upon whom the eyes of the whole land were cast , to be by them encouraged and directed ) begat such an honest and happie emulation in all the counties of the kingdom , as by gods great mercie produced most blessed effects to us all , as shall be more particularly and punctually declared in its proper place . not long after also , the honest apprentises of the said citie of london being very sensible of their masters sufferings by those distractions in the common-wealth , and the generall decay of trading , and thereby also of their own present and future great discouragements in their hope of comfortable subsistence and livelyhood when they were to be free-men of the citie , if these inconveniences continued : they also hereupon took the courage and resolution to exhibite their petition to the parliament for speedy and timely redresse of these encroaching and growing evils . which act of theirs was so modestly and orderly managed by them , that the parliament received their petition most courteously , and returned them a very fair and favourable answer , in brief , for the present , with promise of a more full and satisfactorie answer in convenient time . after whom also , the porters of london , pinched with extreme povertie by reason of the decay of trading , were thereby necessitated , and by gods providence thousands of them stirred up and stimulated to petition the parliament for speedie redresse of their present pressures , whose petition also was very lovingly received by the parliament , and they received a well-pleasing replie for the present . now what an admirable and rare effect these petitions produced , to adde most justly to this catalogue of our parliamentarie mercies , this subsequent passage shall clearly demonstrate to the godly reader , viz. not long after a certain convenient number of apprentises being very modest in carriage , and well-spoken young men , went very civilly and peaceably to westminster to the parliament for a further satisfactorie answer to their petition , as was promised to them . but it pleased the lord it so fell out , that that desperate and furious , collonel lunsford , and very many ruffian-like fellows with him , being at that time in westminster-hall , and there walking up and down , at last took occasion by uncivill and provoking words to the said apprentises and citizens at that time also walking there , to make a great disturbance and hubbub among them , and from mocking and jeering of them , and quarreling about bishops ( whom the apprentises and citizens had , indeed , petitioned against in all their petitions ) threatning those that durst once speak against their reverend bishops , at last they drew ▪ out their swords ▪ and the said collonel lunsford and his quarrelling comrades flew in the faces of the citizens , and furiously beat them out of westminster-hall before them , being all unweaponed , and coming onely in a fair and unoffensive manner ( as aforesaid ) to receive an answer to their petition ; and as they departed home from westminster by whitehall , they were there again most grosly abused and beaten by the courtiers , and such like , so that divers of them were sorely wounded , and some thereby killed by them . whereupon , the next day ( these things falling-out about newyeers-tyde , or in christmas-holy-dayes ) very many citizens and apprentises went again to westminster armed , and better prepared than the day before , for such affronts , if any were offered to them . but now see how it pleased the lord it should come to passe , some of the apprentises and citizens were again affronted about westminster-abbey , and a great noise and hubbub fell out thereabouts , othersome of them watched ( as it seems by the sequell ) the bishops coming to the parliament , who considering the great noise and disquiet which was by land all about westminster , durst not come to the parliament that way for fear of the apprentises , and therefore intended to have come to the parliament by water in barges ; but the apprentises watched them that way also , and as they thought to have come to land were so pelted with stones , and frighted at the sight of such a company of them , that they durst not land , but were rowed back and went away to their places . now , see herein , good reader , a most notable over-powering impression of divine providence on this businesse , and learn hence so much wisdom as not to despise seeming contemptible things and small beginnings , as i have formerly touched on a like occasion . these lordly and loftie prelates , ( among whom , and a prime one too , it seemed , was that supercilious arch-prelate of york , bishop williams ) took foul scorn and high indignation at this affront by boyes and prentises , thus to be debarred from the parliament , especially fearing lest any thing might passe in the house against them , touching their lordly dignities by their absence , on which they had great cause to keep continuall jealouseyes and vigilant watch , they now standing on very ticklish terms with the state , and being so perpetually and universally petitioned against from all parts of the kingdom , as a prime branch of the malignant partie , and speciall perturbers of all good for church or common-wealth ; therefore , i say , being ve xt to the heart , and deeply stung with discontent , they vowed revenge : and thereupon gathered together into their secret conclave full fraught with stygian-rancour and rage , and assisted , no doubt , with some jesuiticall influence of romish spirits , they contrived and contracted a peice of mischief or mischievous petition to the king and house of peers , which they wholly intended against the happy and successefull proceedings of the parliament , but our good god diverted it to their own further ruine and destruction . now that you may see their own act and deed attested and avouched under their own hands , i have thought fit here to insert it , verbatim , as they themselves penned and exhibited it to the king. to the kings most excellent majesty , and the lords and peers now assembled in parliament . the humble petition and protestation of all the bishops and prelates now called by his majesties writs to attend the parliament and present about london and westminster for that service . that whereas the petitioners are called-up by severall and respective writs , and under great penalties to attend the parliament , and have a clear and indubitable right to vote in bils , and other matters whatsoever debateable in parliament , by the ancient customes , laws and statutes of this realm , and ought to be protected by your majestie , quietly to attend and prosecute that great service . they humbly remonstrate and protest before god , your majestie , and the noble lords and peers now assembled in parliament , that as they have an indubitate right to sit and vote in the house of the lords ; so are they , if they may be protected from force and violence , most ready and willing to perform their duties accordingly . and that they do abhominate all actions or opinions tending to poperie , and the maintenance thereof ; as also all propension and inclination to any malignant partie , or any other side or partie whatsoever to the which their own reasons and conscience shall not move them to adhere . but , whereas they have been at severall times violently menaced , affronted and assaulted by multitudes of people in their coming to perform their services in that honourable house , and lately chased away and put in danger of their lives , and can find no redresse or protection , upon sundrie complaints made to both houses in these particulars . they likewise humbly protest before your majestie , and the noble house of peers , that saving unto themselves all their rights and interests of sitting and voting in that house at other times , they dare not sit or vote in the house of peers untill your majestie shall further secure them from all affronts , indignities and dangers in the premises . lastly , whereas their fears are not built upon phantasies and conceits , but upon such grounds and objects as may well terrifie men of good resolutions , and much constancie . they do in all dutie and humilitie protest before your majestie and the peers of that most honorable house of parliament , against all laws , orders , votes , resolutions , and determinations , as in themselves null , and of none effect , which in their absence , since the th . of this instant moneth of december , . have already passed ; as likewise against all such as shall hereafter passe in that most honorable house , during the time of this their forced and violent absence from the said most honorable house ; not denying , but if their absenting of themselves were wilfull and voluntarie , that most honourable house might proceed in all their premises , their absence or this protestation notwithstanding . and humbly beseeching your most excellent majestie to command the clerk of that house of peers to enter this their petition and protestation among his records . they will ever pray to god to blesse , &c. jo. eborac . tho. duresme . rob. co. lich. jos . norw . jo. asa . guli . ba. & wells . geo. heref. rob. oxon. ma. ely. godfr . glouc. jo. peterburg . morris landaff . this petition and protestation being thus exhibited to his majestie , the king was pleased to send it immediately to the house of peers , who having seen and perused it , were forthwith highly offended with it , and so sent it immediately to the house of commons ; whereupon both houses met in the painted chamber , at a conference there , and after it , accused those . bishops of high treason , for endeavouring to subvert the fundamentall laws of the realm , and the very being of parliaments ; whereupon they were by the lords sequestred from the parliament , and imprisoned , ten of them in the tower , and ( for their age sake ) two of them committed to custodie to the black-rod . thus was the parliament most happily freed of . of them at one clap : and thus , i say ( ever blessed be the lord our god for it ) that which the parliament long desired , and the well-affected people over the whole kingdom so long and so unanimously petitioned for ( even the extirpation of the bishops out of the parliament ) but could not well tell how to accomplish it , god hath made themselves agents and actors of to their own just shame and sorrow , but to the high content and rejoycing of all gods faithfull children and servants . and , certainly , if ever , here was a most visible print of gods over-powring providence crossing these prelates craft , paying them in their own coyn , and most clearly manifesting himself to behold all the high things of the earth , and that he onely is king over all the children of pride . and yet ( give me leave , good reader , to give thee this one note by the way , of no small consequence and concernment , touching these our present prelates of england ) notwithstanding all the most evident and undeniable manifestations of gods arrows of wrath and high displeasure shot against them all , partly for their craft and crueltie exercised against gods faithfull-ones , and partly for the laodicean-temporizing coldnesse and security even of the very best and most moderate of them all , without exception of any one , who have rather chosen ( like the accursed , yea bitterly accursed rulers of meros ) to lie still , to sleep in a whole skin , enjoy quietly their fat bishopricks , and lordly dignities and ease therein , than with noble and renowned queen hester , who , in the cause of her afflicted people the jews , resolved ( in a far more certain danger , every way , than they could have been liable to ) to hazard her life and honours , with an , if i perish , i perish , ( ah shame , unexpressible shame to them all , that a weak-woman should out-strip them all in a masculine heroick spirit for her religion and people ) than like her , i say , to expose their rich revenews , much lesse their very lives as she did hers ( tell me , i say , of one among them all , that did thus ) to danger or losse , to adventure the safeguard and welfare of the church and children of god , which they saw daily so overtop't by rank over-growing poperie and atheisme . which lazinesse and coldnesse of theirs , though they sleightly passe it over as a small sin or no sin at all ; yet christ himself our blessed saviour tells them , they are no lesse than down ▪ right antichrists , even flat and false enemies of the lord christ , as is clear , ( matth. . . ) by our saviours own words . he that is not with me , is against me . which being so , let them all ( even the best and most moderate among them ) take heed of that fearfull sentence of the apostle . if any man love not the lord jesus christ , let him be anathema maran-atha . even , accursed with a most bitter curse . and how can these prelates say , truly , that they love the lord christ , when they either so palpably persecute him in his beloved members , or at least , egregiously slight and disrespect him , in suffering his holy cause and faithfull servants to be so discountenanced and trampled upon , as they have been these many yeers , especially of late . and yet , i say , in all this so dangerous and double-guilt and deep-die of grosse impietie in them ( which indeed is the note i aym at , and is the wonder and admiration , mixt with grief of my soul , to see and consider ) that even the very best of them hath not to this very day given us the least print or expression of true repentance and godly remorse of soul and spirit , for these so great and grievous sins of theirs of crueltie and security , or carelesnesse of gods people and their religion ; but even the best of them still , i say , suffering the gospel of grace and truth to sink or swim , what car'd they , so they may be quiet , and be thought great clerks , rare disputants against popery in words and writings onely ( yet oft jugling with us therein too ) and the wise and moderate men ( forsooth ) of the world . yea , i say , so far are some of them from cordiall remorse and penitencie for those accursed abhominations aforesaid , that * one of their most moderate , wise men of peace , since his being in prison in the tower , hath not been asham'd with his accustomed rhetorically-glorious and smoothly painted phrases to daub over his great-guilt of conscience , especially in point of security and carelesnesse of gods truth forementioned by me . o these men of peace ( forsooth ) how have they forgotten even hypocriticall jehu's asseveration , what peace , so long as the whoredoms of that romish jezebel are so many and so mischievous amongst us ? yea i say again to him in particular , he should have had no peace with rome , as well as he wrote of , the no peace of rome . but thus , i say , these our holy fathers of our church ▪ forsooth , these our lordly prelates , who with bishop white , must be counted princes too , have carried themselves in those their great evils ; the lord in mercie timely take from them their such a heart of stone , and give them a heart of flesh , and clear the eyes of their understanding so wilfully blinded , that they may with those two honest self-denying and humble-hearted bishops in scotland , ( * whom bishop hall scoft and jeer'd at for it ) with self-denying shame and sorrow repent their horrible impietie to god and his church , and abhor such a princely p●mpous function ( never of christs institution ) as ( even inevitably , for ought i can yet see to the contrary ) occasions such faction and defection from sincerity and truth . which , if they labour not timely and truly to expresse , they must pardon me if i beleeve it were most just with our god , if he should raise up against them in their impenitencie , such a just judge as godly ezra records , even that heathen yet ( surely ) honest-hearted king darius to have been , in that noble and renowned sentence of his , whose words are these . i have made a decree , that whosoever shall alter this word ( namely of re-erecting and building-up again the old * materiall-temple at jerusalem ) let timber be pull'd down from his house , and being set up as a jibbet ) let him be hanged thereon ; and let his house be made a dunghill ( or jakes ) for this . see here ▪ for this , onely for this. what this ? why onely for daring so much as to alter the kings honest resolution , as aforesaid . but he goes on in the . verse . and the god that hath caused his name to dwell there , destroy all kings and people ( note this emphaticall expression of this honest king ) that shall put to their hand to alter or destroy this house of god ( ah shame to our guilty prelates herein ) which is at jerusalem ; of the house of commons , wherein you shall find the true and genuine description of it to the full , which is this . januarie , th , being munday , . a declaration of the house of commons , touching a late breach of their priviledges , set forth by themselves . vvhereas the chambers , studies , and truncks of mr denzill hollis , sir arthur haslerigg , mr john pim , mr john hampden , and mr william strode , esquires , members of the house of commons , upon munday , the third of januarie , . by colour of his majesties warrant , have been sealed-up by sir william killigrew , and sir william flemen , and others , which is not onely against the priviledge of parliament , but the common liberty of every subject . which said members , afterward , the same day , were , under the like colour , by serjeant francis , one of his majesties serjeants at arms , contrary to all former presidents , demanded of the speaker , sitting in the house of commons , to be delivered to him that he might arrest them of high treason . and whereas , afterward , the next day ( being the th of januar. . ) his majestie in his royall person came to the said house , attended with a great multitude of armed men in war-like manner , to the number of about five hundred , both souldiers , papists and others , all of them armed , with swords , and pistols , and other weapons , who all came up to the very doore of the house , and placed themselves there , and in other parts and passages neer to the said house , and divers of them pressing to the doore of the said house , thrust away the doore-keepers , and placed themselves between the said doore and the ordinarie attendants of his majestie , holding up their swords , and some holding up their pistols ready cock'd , neer the said doore , and saying , i am a good marks-man , i can hit right i warrant you , and they not suffering the said doore ( according to the custome of parliament ) to be shut , but said they would have the doore open ; and if any opposition were against them , they made no question , but they should make their partie good , and that they would maintain their partie ; and , whensoever any members of the house of commons were coming into the house , their attendants desiring that room might be made for them , some of the said souldiers answered , a pox of god confound them : and others said , a pox take the house of commons , let them come and be hang'd , what adoe is here with the house of commons . and some of the said souldiers did likewise violently assault , and by force disarm , some of the attendants and servants of the members of the house of commons , waiting in the room , next the said door , and upon the kings return out of the said house , many of them by wicked oaths , and otherwise , expressed much discontent that those members of the house ( for whom they came ) were not there ; and others of them said , when comes the word ? but no word was yet given . as they thus stood without , at the door , to the great terrour and disturbance of all the members then sitting , and according to their dutie in a peaceable and orderly manner treating of the great affairs of england and ireland , and his majestie having placed himself in the speakers chair , he demanded of them the persons of the said members to be delivered unto him , which is a high breach of the rights and priviledges of parliament , and inconsistent with the liberties and freedom thereof . but the king not finding those foresaid members , whom he came for , in the house ( for they were purposely absent , with the consent of the house on strong suspition of the said intended event ) as he expected ; thereupon , he rose out of the speakers chair , and departed from them without any farther molestation ; whereupon , the souldiers and cavaliers at the door , seeing the king coming forth , cried out , a lane , a lane , and so went all away . after which , some of them being demanded what they thought the said companie intended to have done ; answered , that , questionlesse , in the posture they were set , if the word had been given , they should have fallen upon the house of commons and have cut all their throats ( horresco referens ; quis enim talia fando , temperet à lachrimis . ) all this being fully proved to be most true , upon severall examinations taken the same januarie the th , before a committee , then appointed by the house of commons to sit in london . in which interim , a printed paper , in the form of a proclamation , bearing date , the th of jan. . issued out , at westminster , or whitehall ; for the apprehending and imprisoning of them , therein suggesting that through the conscience of their own guilt , they were absent and fled ; not willing to submit themselves to justice . the parliament did therefore declare , that the said printed paper is false , scandalous and illegall , and that notwithstanding the said printed paper , or any warrant issued out , or any other matter yet appearing against them , or any of them , they may and ought to attend the service of the said house of commons , and the severall committees now on foot . and we do further declare , that the publishing of severall articles purpourting a form of a charge of high treason against the lord kimbolton , one of the members of the lords house , and against the said mr hollis , sir ar. haslerigg , mr pym , mr hampden , and mr strode , by sir will. killigrew , sir will. flemen , and others in the innes of court and else-where , in the kings name , was a high breach of the priviledge of parliament , a great scandall to his majestie and his government , a seditious act manifestly tending to the subversion of the peace of the kingdom , and an injurie and dishonour to the said members , there being no legall charge or accusation against them . recollect now then ( good christian reader ) thy sad and serious thoughts , and muster-up thy most exquisite meditations on this so ponderous and weightie a passage of gods admirable providence , and protection of his own parliamentarie-worthies ( for so , me thinks , i may fitly call and count them ) and tell me whether god was not wonderfully seen here in the mount of straits , to turn it ( in a moment ) to a mount of deliverance to his faithfull servants ; yea , and in them , to the whole kingdom ? whose weal or woe ( as we all are or ought to be most sensible ) was wrapt-up in them , being the representative bodie thereof ; and when thou hast fully and feelingly recogitated and ruminated on this exuberant parliamentarie-mercie , tell me , i pray thee , whether thou and i and all true english-hearts have not most redundan● reason and copious occasion with blessed moses , a little before his death ( and dying mens words ought to make deep impression of credence in our hearts ) to confesse and acknowledge , that there is none like unto the god of jesurum , who rideth upon the heavens in the help of his beloved-ones , and in his excellencie on the skie . the eternall god is their refuge , and underneath them are his everlasting armes , and he shall thrust their enemies before them . and they shall know that it was thy hand ( o lord ) and that thou onely hast done it ; and that though they have cursed , yet thou hast blessed , and that when they arose thou mad'st them asham'd , but hast caused thy servants to rejoyce . yea and hast carried them on eagles wings ( far and free from danger ) and hast brought and placed them neer to thy self . yea , i say , again , now , if ever , those noble and renowned parliamentarie-worthies found that of solomon most true . that the name of the lord is a strong towre : the righteous run into it , and are safe . to conclude this , therefore , let the gratefull and gracious consideration of this so great a deliverance cause me and thee , and them all whom it so neerly and peculiarly concerns , to break-out , with holy david , that sacred and sugred singer of israel , and to say , o give thanks unto the lord , and call continually upon his name . sing unto him , o sing psalms to his great name , and talk of all the wondrous works which he hath done , and all the glorious judgements of his mouth . now after this so terrible affront and disturbant affright to the parliament , it pleased those pious and prudent worthies of both houses for a space to adjourn their sitting at westminster , and to turn both-houses into a grand committee , and for their greater safetie and assurance from popish-plots and combinations , to sit in the citie of london , in the grocers-hall . where , by gods mercie and most safe protection they were most cheerfully guarded every day by the train'd-bands of the citie , and extraordinarie lovingly entertained , and most respectively used according to the high merit of their worth and work , and unto theirs and our high content and singular comfort . in which interim of their sitting in london , very many of the well-affected and faithfull ministers of london unanimously petitioned the parliament , both for choice of an assembly for setling church-discipline , and for the ordering of a monethly fast throughout the whole kingdom , untill the distresses of ireland and the distractions of england were by gods mercie graciously quieted and composed . which petition of theirs in both those materiall branches thereof , was most favourably entertained by the parliament , and received a desired answer ; the assembly of divines being now by vote in parliament fully resolved on , and all of them nominated for all the counties throughout the kingdom for their advise to the parliament for setling and ordering the pure worship of our god , and true apostolicall discipline ; wherein , the lord grant they may all be as meek-hearted ▪ gracious , and faithfull as holy moses was , to do nothing therein ( no not in the least particular thereof , especially in gods worship ) but most punctually according to the pattern of the apostles practise and precepts , no question fully and sufficiently to be found in gods word . the monethly fast also was speedily put in practise all over the kingdom , which being as it were a spirituall militia ( as a reverend and learned divine of our citie calls it , most properly ) puts the kingdom into a spirituall posture of a god-pleasing holy warfare ( if religiously kept both for sin and from sin ) that we may , as it were , even fight and contend with god by prayers and tears , by sighs and groans , as good jacob was said thus to wrastle with god , yea and may be prevailers with god for a blessing on our land , our king and parliament , church and state , and thus also at length , may prevail with men , even against all the enemies of our peace and prosperitie both domestick and forrein . domestick , i mean our imbred sins , base lusts , and corruptions ; forrein , that is , treacherous projectors , and clandestine malignant emulatours of our happinesse both at home and abroad . and are not here two parliamentarie-mercies more of most high concernment ; and such as give us strong and irrefragable assurance that god is with us , and will be with us ( if they be rightly and religiously managed ) and then we need not fear who is against us . yea , then ( as the prophet said ) they are moe that are with us than those that be for our enemies . yea , even the lords legions of chariots and horsemen of fire round about us , to defend us , and to consume them . whereby we may even alreadie triumph and exult with pious paul , and truly say , thanks be unto god who hath given us victory ; yea and made us more than conquerors through christ , in whom he hath freely loved us . but to proceed . in this time also of the parliaments sitting in london by a grand-committee of both houses , the stout-hearted and well-minded ship-masters and marriners to shew their love and loyaltie to the king and parliament , exhibited their petition to the grand committee , and therewith also their votes and desires full of courage and candor to serve his majestie and the parliament to the utmost of their power ; which their readinesse and cheerfulnesse , therein , was most lovingly regarded , both by the lords and commons , and shortly after a fair and fit occasion was offered to make use of their love and service therein , which they most really manifested to the full , as now you shall hear . the time being now expired , and the last day of the parliaments adjourning from westminster being now come , jan. the . . being teusday , and their just jealousies and fears being many and great , especially by that so late high breach of priviledges of parliament , mentioned , jan. the rh , and our worthies , now , of necessity to return to westminster , the noble and renowned city of london most cheerfully and voluntarily proffered their best service and abilities to attend and guard them by land to the parliament at westminster , and by gods assistance to secure them from danger all the way by land , to which purpose the city captains had commanded their train'd-bands and officers at armes to prepare themselves thereunto , and their musketteirs with powder and bullets , and pikemen with glistering arms , which was performed in a most gallant and martiall manner ; and thus our parliamentarie noble , grave senatours both lords and commons were in their coaches safely ( by gods mercie ) conducted and attended to the parliament by land . by water also the same day , the stout and couragious ship-masters and marriners had suddenly and most bravely made ready a great number of long-boats and such like vessels furnished with peices of ordnance , muskets , and other sea war-like instruments , their vessels also gallantly adorned with flags and streamers , together with martiall-musick , drums and trumpets ; so as it was a most admirable rare sight to see and hear their carriage all along , and when they came to whitehall and the parliament houses , and understood that the parliament-worthies were safely there arrived . o how bravely did the train'd-bands by land , make their thick and quick volleys of shot eccho in the ayre , and the valiant sea-men let flie their thund'ring shot both great and small by water , their trumpets sounding , and their drums beating in such a triumphant and congratulating manner , as could not possibly , but strike-dead with terrour , amazement , and vexation the hearts of the popish , prelaticall and malignant partie , that either saw or heard it , or heard of it , but contrariwise , as must needs extraordinarily exhilarate and rejoyce all the loyall and honest hearts of gods people that beheld it , or heard of it . and as this was a singular testimonie of the cordiall affections of the citie and sea-men , and highly advancing the glory of god , who thus put into their hearts to expresse their faithfulnesse and thankfulnesse to god , our king , and the parliament , under whom , and by whom , we enjoy the gospel of peace and peace of the gospel , in such rare and fair tranquillitie and serenitie above all nations in the world . and for the ratification of all this to be warrantable and legall to be done ; i have thought fit here to insert the vote of the parliament published by their authority . ian. th , . at the committee of the house of commons appointed to sit in london to consider of the safety of the kingdom and citie of london , and of vindicating the priviledges of parliament . resolved upon the question . that the actions of the citizens of london , or of any other person whatsoever , for the defence of the parliament , or of the priviledges thereof , or the preservation of the members thereof , are according to their dutie , and to their late protestation and the laws of this kingdom . and if any person shall arrest or trouble any of them for so doing , he is declared to be a publike enemie of the common-wealth . resolved upon the question . that this vote shall be made known to the common-councill of the city of london . nay , yet to make the beautie and brightnesse of that foresaid tewsdayes sunshine of comfort , yet more glorious to our eyes and hearts ; that very same th of jan. i say , being tewsday , came a numerous multitude of buckinghamshire men , both gentleman , ministers , and others of that county , on hors-back , in very fair and orderly manner with the protestation in their hats and hands , partly in the behalf of the most worthie knight of their shire in parliament , mr hampden , but especially to petition the parliament for the reformation of evils in church and state , the just punishment of delinquents , the timely relief of ireland , the sweet and harmonious concurrence of both houses against all sinister obstructions , and the expulsion of prelates and popish ▪ lords out of the parliament , and to assure their best services and assistance to the king and parliament , on all just occasions . and since which time , even immediately after , mightie multitudes out of essex , divers thousands out of hartford-shire , barkshire , surrey , and other counties of the kingdom ; in brief , from all shires and counties of the whole realm , came still one after another to london , to exhibite their petitions to the parliament in the causes aforesaid , from all parts swimming in one stream of affections and petitions , all having one desire , all , i say , as one man unanimously consenting in this one thing , namely , a serious and setled resolution to petition and pray a speedie refining and reforming of persons and things amisse among us . and was not the lord jehovah seen in this rare mount of meries also ? thus to knit the hearts of the people together so far distant in habitations from one another , according to that faithfull promise of his mentioned by the prophet . i will give them one heart , and one way , saith the lord , that they may fear me for ever , for the good of them and of their children after them . and now , good reader , take thankfull notice and cognizance , to the everlasting praise and glorie of the lord , the onely god that hears prayers , and grants gracious returns unto them in his due time , that upon these confluences of unanimous desires of the kingdom from all parts thereof the bishops were voted against from having any intermedling with temporall affairs and dignities , and so uncapable of votes in parliament , it having pleased the lord our most wise god , first to catch them in their own nooz , to entangle them in their own snare whereby their persons were ( even by themselves ) first sequestred from the parliament by law , they being fast locked up in prison in the tower ▪ for , on febr. . . the noble house of commons past a bill ( nemine contradicenti ) against their having any vote in parliament , which being sent to the renowned house of lords ▪ those prudent peers mended the said bill and added , that they should have no seat or place neither , as well as no voice or suffrage among thm , which was most gratefully entertained by the commons with particular thanks to the lords for their wisdom and love therein to the common-wealth ; and so it past again most currently with them , and being now return'd to the lords , it past clearly among them also immediately . and thus on that happie fifth of february , was the church of god most mercifully freed of that pestilentiall disease wherewith it had long been infected and infested , namely , the antichristian tyranny of our english prelates by reason of their princely pomp and lordly dignities , and familiar intermedling and tampering in temporall affairs to the continuall provocation of the wrath of god , and the derogatorie dishonour of christs will and prescript pleasure in their ministeriall function . it shall not be so with you . and now let the godly reader , here see and consider the admirable equitie and justice of our wise and most holy god , meeting them full in their own wayes and works . they , who being lords and barons ( forsooth ) in that high court of parliament , yet could seldome or never find a heart or voice for christ and religion , but freqently against christ in his holy members , and against the power and purity of religion ; have , now ( most justly ) no voice or place in parliament to help themselves , but are thrust out , as men not desired , like that wicked king jehoram , who departed this life , without being desired . and take this note also , by the way , before we leave them ; that , they , who in themselves and predecessors ( ever since the time of glimmering reformation even in queen elizabeths dayes of ever blessed memorie , to this very time , all along , without intermission ) had silenced , suspended , imprisoned , and impoverished many hundreds , if not thousands , of holy , painfull and profitable preachers for non-subscription ; have now , by an act of subscription , imprisoned themselves in the tower of london , and almost quite devested themselves of their prelaticall arrogated superioritie over their fellow-ministers . thus god hath taken them by their own iniquities , and hath held them with the cords of their own sin . thus goliah is slain with his own sword , and haman is hanged upon his own gallows . and thus was their former furious and most injurious carriage and course a just presage and omen of their totall ruine and downfall , which , in substance , is now blessedly come to passe , in this their denudation , stripping and whipping from their lordly dignities , haughtie honours , and busie intermedling in secular affairs , the rest i hope and pray will perfectly be effected in gods due time . now , then , see here and observe ( good reader ) with a wise and most gratefull heart ( both in regard of the thing it self , and also of those two materiall circumstances , so observable , therein ) whether the lord was not admirably seen in the mount of mercie ▪ to his poore church , in this so rare and singular freedome of it from future fear of prelaticall tyrannie . and give me leave to use the prophets own words , by way of exulting gratitude to the lord our god. hearken unto me ( dear christians ) ye that know righteousnesse , the people in whose heart is the law of the lord. fear ye not the reproach of men ▪ neither be ye afraid of their revilings ; for , the moth shall eat them up like a garment , and the worm shall gnaw them like wooll ; but my righteousnesse shall be for ever , and my salvation from generation to generation . awake , awake , put on strength , o arm of the lord , awake as in ancient dayes , and as in the generation of old . art not thou it that hath cut rahab ( the prelates of england ) and wounded the dragon ( the whore of rome ) ? therefore do the redeemed of the lord return and come with singing to zion , and everlasting joy shall be on their head . they shall obtain gladnesse and joy , and sorrow and mourning shall flie away . about this time also it pleased the good hand of god to direct the hearts of our prudent and provident parliamentarie-worthies to take notice of the most dangerous distractions of the kingdom , and as just as great fears of intestine turmoiles which might arise among us by the papists and malignant-partie , if not timely prevented ; and therefore to resolve , according to the joynt desires of the subject in all their petitions exhibited in parliament to settle a militia by act of parliament , for a certain time , namely , untill it might please the lord happily to compose our differences , and to put a blessed end to our domestick and forrein fears , that thus by putting the kingdom into a posture of defence , we might by gods mercie be the better secured both from homebred treacheries and transmarine invasions . for , which purpose , they resolved , in the first place , to displace sir john byron from his lieutenantship of the tower of london , and to put in sir john connyers , a man , in whom they had good assurance , they might confide , both for his fidelity and martiall abilities ; which , though with much strugling , at last they obtained of his majestie , to theirs and the cities full content in that particular . and for the better putting of life into the sad and bad affairs of ireland , and the more speedie and certain subduing ( by gods assistance ) of those most barbarous and inhumane rebels and accursed idolaters of rome ; it pleased our most wise god to infuse a fair and famous project into the hearts of divers heroick and worthie citizens of london , first to proffer , themselves , by way of subscription of certain summes of money , to be paid in at severall payments , by them and other well-affected subjects both in citie and countrey : whereunto ( the thing being moved by petition , and singularly approved in parliament ) the lords and commons in both houses gave admirable encouragement , by their free and forward subscription of great summes , and all their moneys so laid out to be repaid and satisfied out of the rebels lands , when by gods aid and assistance they should be totally suppressed and destroyed , and not before , nor by any other wayes or means . and , since that ( by reason of the most a●rocious and unparralleld cruelties of those romish-rebels in ireland ) very many of the distressed and bespoiled english-protestant inhabitants , especially women and children , who were necessitated to flie thence , carrying their lives in their hands , and glad ( poore souls ) they so escaped to dublin , and so over-sea into divers parts of this kingdom , being thereby plunged into deplorable povertie and miserie ) it was , i say , further ordered by our truly charitable and pious parliament , that there should be a generall collection or contribution over the whole kingdom , for and toward the present relief and supplie of such distressed men , women and children , as could hardly subsist without present help and relief . which said collection was so fully and freely advanced in this our noble and renowned city of london , that at one church therein , viz ▪ aldermanburie , under reverend and religious mr calamies fruitfull ministerie , upon his pious and patheticall motion and instigation to his willing people , a collection was made and gathered , at the church-doores and parishioners houses , which amounted unto between and ● . at the least . toward the latter end of februarie also , . it pleased the lord to blow-off all clouds of displeasure from the kings royall heart , and to cause his countenance to shine so serenely on the parliaments proceedings , that he sent the house of lords a most gracious and comfortable answer , intimating his royall concurrence and desire of correspondencie with both houses , both in passing those bils then exhibited to his majestie , and also referring all matters touching the liturgie and church-government to the wisdom and pietie of the parliament to settle and resolve on . and , here , again ( good reader ) let us reflect our eyes and serious thoughts , and see whether the lord does not still carryon his works of mercie to us , by his own strong-arm , and almightie power and providence ; that thus we should now have such strong and heart-chearing hope of a happie and long desired rectifying and reformation of our liturgie and discipline , two ticklish peices to be tampered with , on pain of highest indignation and displeasure in by-past times , but now you see and hear of talk yea resolution of reforming them . hereby ratifying and confirming his most righteous word and promise , by the prophet , in shewing himself unto our kingdom a most resplendent glory in the midst of us . making good also that old promise of his to his ancient people of israel , namely , i will turn my hand upon thee , and will purely purge away all thy drosse , and take away all thy tinne . o that we therefore in the way of thankefulness● would sincerely perform his holy and just desire of us , namely , in deed and in truth to obey his voice , and cheerfully to do all that he hath commanded us ! yet , see , the ( still ) invincible and inveterate malice of the malignant partie , who notwithstanding that they cannot but evidently see the hand of god against them crossing all their counsels , turning their perniciously boiling obstrisctions to their own destruction in the issue : yet still , i say , they manifest ( right pharaoh-like ) more flintinesse and hardnesse of heart , presumptuously spurning at ( as it were ) and despising all gods most wise and over powering proceedings against them ; thereby most clearly treasuring-up wrath and confusion unto themselves against the day of gods vengeance and heaping up coals of calamity on their own heads against the day of the lords burning jealousie . for , much about this time a most pernicious and seditious petition was forged and framed by some of the grey-headed but not grave-hearted citizens of london , which was boldly presented to the parliament by them . a petition , i say , much tending to sedition , and the overthrow of the parliaments proceedings , especially concerning the militia of the citie , ayming therein at the overthrow of the said militia , and the sure defence of the whole realm ( under god ) which they had formerly most firmly setled over the whole kingdom . in which seditious plot and devillish design of theirs , though many of no small or mean rank and qualitie in the citie , yea and some of the highest degree thereof had deep hands and spotted hearts to further it , and therefore had subscribed to it : yet , one or two most pragmaticall spirits among them , were chief agents and active instruments openly and audaciously appearing and persisting in it , namely , one mr binion , a silkman in cheapside , who carried himself most proudly and insolently therein from first to the last . but the truly godly , grave and loyally-affected citizens of london understanding thereof , disavowed it , immediately , joyned together against it , in another most honest , fit and fair petition clean contrary to that other , exhibited the same in parliament , desired the justice of the parliament against ●he other , which was received with singular approbation of both houses . whereupon , the other was not long after cast out of the house , condemned to be burnt by the hangman , as a most scandalous and seditious paper ; and the foresaid mr binion himself ( persisting in his obstinate and malevolent misbehaviour , was made an example of terrour to the rest ( who more wisely shrunk-in their heads , and recanted their former oversight ) being for his foresaid insolencies and misdemeanours fined . l. disfranchised from the immunities of the citie , made uncapable of ever bearing any office in the common-wealth , and imprisoned for two yeers in the castle of colchester . and yet , again , notwithstanding all this , i say , yea this so fresh and modern admonition ( as a man might have thought ) to those malignant spirits ; they , not long after brake out again into a like misdemeanour in the countie of kent , by the main instigation ( as it is conceived ) of sir edward deering ▪ late a member of the house of commons , who at the beginning and for some continuance of this parliament was well reputed and reported of , but at last brake-out into a most violent and virulent opposition of the honourable and pious proceedings of the parliament , which he further most undiscreetly prosecuted by printing and publishing a book of all his former and later speeches in parliament , and one , especially not spoken , but onely intended to have been spoken in parliament . whereupon the said sir e. deering was call'd to the bar , sent prisoner to the tower , cast out of the house from being any longer a member among them , & his said book condemned to be burnt ▪ which book , though it cannot be denied , but must be ingenuously confest , did render him a schollar , and wittie acute r●etori●ian , yet was full fraught with palpable expressions of an ill-affected heart not onely to the most wise , worthie and untainted negotiations of the honourable parliament , but even to religion and the power of godlines . a gentleman he was , whom i must acknowledge , i my self much honored for the good things i conceived to be in him at first ; but when i had read this his book ( which i did , all-over , as advisedly and impartially as god enabled me ) i found therein , even almost in its very portall or introduction to the matter of it and so along , such an unjust and immeritorious eulogie or elogie and hyperbolicall praise of the arch-prelate of canterbury in generall , and of his book ( if his ) of his conference with fisher the jesuite , in speciall : a book most full of pregnant expressions ( yet cloudily couched ) of the said prelates popish rotten-heartednesse , as a most sound and learned replie to it , hath copiously and clearly discovered to all judicious and impartiall schollars that have read it ) together with his affected wittie je●ring and scoffing at true pietie in some places , and irreligious sublime justification of grosse popish superstition in other some ; i could not , hereupon , i say , ( god knows my heart ) but greatly grieve for his sake , thereby so dishonoured , and blush at mine own so clear mistake , who had willingly harboured so good opinions of him before . but to leave him to his great lord and master to whom he must either stand or fall , with my heartie prayers for his true and timely retractation , i return to my purposed matter , from which i have a little digressed , but i hope not much transgressed therein . another seditious petition ( i say ) was hatched and contrived in kent , wherein ( i say ) t is more than conceived that sir edward deering had a deep hand , which contained matter much to the same effect with the former of london ; which also it seems was much countenanced and encouraged by the earl of bristow and judge mallet , and for which they were both sent prisoners to the tower of london ; which petition being on the th of april , . brought to the parliament by some of the prime malignant-ones ( the rest of that rout being some certain thousands remained at blackheath for an answer , but were fain to depart with a flea in their cares ) they received most foul ( but most just ) disgraces at their entrance into the citie , the gate at the bridge-foot was shut against them , they themselves were disarmed , their weapons being there taken from them , two of their prime leaders , having exhibited their petition in parliament , were committed to safe custodie till fit opportunitie of further examination of this their high contempt and arrogancie . but immediately after , the truly religious , honest , and well-affected partie of the said county of kent unanimously also united themselves in an honest and loyall petition , therein utterly disavowing and protesting against that other seditious and scandalous one , who were all , together with their petition most courteously and lovingly entertained , and dismissed with great thanks from the parliament , for that their so honest and peaceable demeanour . and was not the lord jehovah seen here in the mount of mercie , in thus both timely discovering and discountenancing these very dangerous designes of theirs ( as much as in them ●ay for the present ) extremly to blend and disgrace the just , fair and faithfull proceedings of the parliament ; and though they most secretly and subtilly carried and contrived their designes therein , yet the lord graciously caused them to be stifled in their birth . so that we may most fitly take up that of the apostle paul , who speaking of the perillous times that should come in the last dayes , after a recitall of a ragged-regiment of malignant and ill-affected persons , brings in jannes and jambres ( two audacious and arrogant companions ) who obstinately and proudly withstood moses , reviling and speaking evill of the truth ; men of corrupt minds , reprobate concerning the faith . but they shall not proceed ( saies the apostle ) for , their folly shall be manifested to all men . as t is now with ours , blessed be the lord our most wise god for it , and all their malice and mischief is fallen still upon their own hoads . wherefore , we may , nay we must , with holy david , most gratefully acknowledge , not unto us , lord , not unto us , but unto thy name be all the glory given , for thy mercie and for thy truths sake ▪ who hast not suffered the heathen ( or wicked ) to say , where is now their god ? but our god is in heaven , and hath done whatsoever he pleased . now after these things , the king having prest the parliament , with divers messages in his unhappie departure and distance from it ( as by and by shall be more fully and particularly set forth ) and thereby constrained our prudent worthies in parliament to clear their integritie to his majestie , and the whole kingdom , yea and to the whole world also , if occasion were offered ; they sent to his majestie , and afterward set forth in print divers declarations , remonstrances , and messages from both houses of parliament , all of them written and penn'd with such prudence , pi●ti● , and humilitie toward his majestie , as most apparently evidenced their great and godly care for the preservation of his honour and the kingdoms welfare , to the great and unexpressible comfort and content of all gods people , especially in the most sweet continued symphonie and harmonious concurrence of both houses which now began to be more and more strongly increased , notwithstanding the great and even mountan●●● obstructions and terrible distractions of the times mightily molesting and retarding their most important and weightie affairs , ou● most prudent and pious peers still shewing themselves ( as was toucht before ) more forward , if possi●ly it might be , in all good motions than the house of commons . a mercie , which ( things and times considered ) we are not able sufficiently to prize and praise the lord for , it being that blessing of the kingdom which was so long and so earnestly desired by the universall confluence of the petitions of the whole kingdom ; yea that great blessing , i say , which the apostle paul so heartily and vehemently desires among his beloved corinthians , that they might all speak the same thing , and that there might be no division among them , but that they may be perfectly joyned together in the same mind , and in the same judgement . yea that rare blessing which the prophet david cannot set out sufficiently without a note of admiration , in the excellencies of it , when he said ▪ behold how good and joyfull a thing it is brethren to dwell together in unity . yea ( sayes he ) t is like the precious oyntment upon aarons head , distilling thence to his beard and running down to the skirts of his garment . such a pr●●io●● oyntment , may i truly say , is this unity and concord in these two honourable houses of parliament , poured on the head of our soveraign , distilling thence on the comely beard of his kingdom , this renowned parliament , and sweetly streaming thence down to the skirts or garments of the land the people and inhabitants thereof . and now see , i pray , the blessed effects of this happy union and precious complacencie between the king and both houses of parliament , at this time . for about the th of april , the lords and commons in parliament resolved to set upon the reformation of the liturgie and government of the church , wherby gods worship and service should be more purely performed than formerly it had been , and discipline more piously administred . and for this purpose they passed votes in both houses , and most prudently pitched upon certain eminent godly , grave and learned divines out of every shire and corporation of the kingdom , who should meet together at a time appointed to discusse and consult among themselves what should be most apost●licall , orthodox and neerest to the truth of gods word , and so to advise the parliament for the setling of the same , as by their order printed and published by their authority may and doth more fully appear , which here i have thought fit to insert and mention to thee . the order of the lords and commons touching the liturgy and church discipline . apr. . . the lords and commons do declare that they intend a due and necessary reformation of the government and liturgy of the church , and to take away nothing in the one or other but what shall be evill and justly off nsive , or at the least unnecessarie and burthensome . and for the better effecting thereof , speedily to have consultation with g●●ly and learned divines . and because this will never of it self obtain the end sought therein ; they will therefore use their utmost endeavour to establish learned and preaching ministers with a good and sufficient maintenance throughout the whole kingdom , wherein many dark corners are miserably destitute of the means of salvation , and many poore ministers want necessarie provision . now then tell me ( good reader ) whether the lord appeared not in a mount of mercie , in this so unexpectible an act of long desired reformation in this kind ? in these two so extremly deified diana's of our english ephesus , so long setled upon their ol● lees , and so generally applauded by the pontifician and other ignorant and malignant partie of our land , so as it was thought a thing almost impossible to be effected . yet see , i say , what ou● god can do , what mountains of difficulties and disturbances he is able to remove , when he , once , resolves it according to that of the prophet : i have spoken it , ( saith the lord ) i will also bring it to passe , i have purpos'd it , i will also do it . hearken unto this ye stout-hearted that are far from righteousnesse . i will bring neer my righteousnesse , it shall not be so far off , and my salvation shall not carry , and i will place salvation in sion for israel , my glorie . yet , see , still , the malignancie of the serpentine-brood , breeding and breathing more and more threats and vexations to the sacredseed of the woman . for , not long after , that aforesaid hopefull amiable symphonic of sweet accord between the king and his parliament began to be besmeard with the black-coal of evil counsell , and his majesties affections to be so alienated and estranged from his grand and grave councell of parliament , that in discontent he most unhappily sequestred his person from it , almost as far as his affection , even from the southern toward the northern parts of his kingdom , to the universall and great grief of his loyall subjects who made their earnest desires poste as fast after him by their humble petitions to return to his parliament , but alas , all in vain , for in deep discontent his majestie goes on in his journey , takes the prince along with him , was accompanied or attended on by a company of furious cavaliers , who shewed themselves in an hostile manner about hampton court and kingstone upon thames , past on thence to new-market , and so into the north , where an attempt was made by the earl of newcastle to have taken in hull , and the full fraught magazine thereof , varietie of martiall ammunition , for the kings use , but he was prevented , and sir john hotham a worthie member of the house of commons was put in possession thereof , for the use of his majestie , and the good of the whole kingdom . not long after the king went himself in person to hull , requiring the rendition of the town and magazine into his majesties hands , but sir john hotham having order to the contrary from the parliament , refused so to do , and was therefore by his majesties command declared a traitor . propositions were made to the gentrie of york to assist his majesties proceedings against sir john hotham for the taking in of hull into his majesties possession by compulsion , since he could not obtain it of him by perswasion . about which time ▪ sir francis worthly and divers others siding together , and pretending themselves to be for the king , with their swords drawn in an unaccustomed and unexpected manner , demanded who was and would be on the kings side ? by this evill act act of theirs in an especiall manner manifesting themselves ●o be truly of the serpentine-seed , and therein imitating their father the devill , that grand seedsman of all sedition , whose main plot is and ever was to divide and separate what god hath united . making a false and foolish discrepancie and difference , first between the king and the parliament , which ought not to be ; and secondly between the parliament and the people , which cannot be . for what is the parliament but a representative-bodie of all the people in the whole kingdom ; and therefore to make men beleeve that the parliament intends to wrong the people , by bringing in an arbitrarie government ( the thing which they mainly hate and labour against ) is to make men mad with discretion , to make us think the parliament labours to undo themselves with us , and to provoke us madly to rush on them to our own certain ruin . to ask a man therefore whether he be for the king or the parliament ▪ is to ask him whether he be for the king or for himself ▪ see then ( discreet reader ) the drift of this devillish design and false distinction , which is meerly to make men fall together by the eares , and to sheath their swords in one anothers bowels . but now the king receiving no content in this their fruitlesse meeting , the ge●trie ( but not free-holders , which was taken ill ) were again summoned to assemble together before the king , may the th being friday , to resolve upon a guard of horse and foot to safeguard his person ; this also was a long time fruitlesly agitated . about which time or not long before , his majestie published his resolution to go in person to ireland to subdue the rebels , which was utterly disliked by the parliament as a businesse of very dangerous consequence . the gentrie , yeomen and free-holders of york again are summoned together to york , but the honest yeomen were discourteously and uncivilly used by many of the cavaliers or attendants about his majestie ; complaints were made thereof to the king , but not answered to their desire . his majestie much about this time also forbade the exercise of the militia , contrarie to the parliaments constitution over the kingdom , and about the . or . of may , . directed his letter to captain philip skippon , sergeant major generall for the militia of the citie of london , a brave and expert old souldier and commander in arms , and a most pious and vertuous gentleman , requiring his personall attendance at york , all excuses set apart , and that there he should know his majesties pleasure : but this command was inhibited and contradicted to the said captain skippon by the authority of both houses of parliament , as is afterward more fully declared . after this , about may the th , the king sending a letter to the lord keeper to remove midsommer term from london to york : this also was opposed by the parliament , as shall also be farther declared in its proper place . much about this time also or not long after this , the said lord keeper and seven or eight other lords left the parliament on a sudden , and without the consent thereof , and departed from london to york , to the king. in all which time , the parliament sending many submisse messages and humble petitions to his majestie at york , all of them full of wisdom , pietie and patience , yet receive austere and unpleasing replies , even as his majestie found unsatisfactorie returns to his expectation and desires in all or most of his negotiations in those northern parts ever since his unhappie aboad there . but what is all this ( it may be objected ) to the present intention of parliamentarie mercies to be manifested to us ? i answer , this fore-past brief discourse serves greatly to shew us , in the first place ▪ a mightie fume and smoak now readie to break out into a most combustuous and furious flame , by the perverse and most pernicious counsell of the malignant partie about the king ( as the parliament had often enformed his majestie in severall messages ) if the lords over-powering providence had not cast on the water of op●rtune qualification and timely quenching of the same , by the admirable wisdom and singular moderation of this pious and prudent parliament , hindring the boysterous breaking-out thereof , both by their modest , grave and gracious declarations , their most humble petitions , their prudent and provident votes and orders , and their patient and most submisse messages to his majestie at york ; especially by those two declarations or remonstrances of both houses , march , . and march , . their most humble , wise and moderate petition march , . about which time also it pleased the lord to stir up the hearts of the nobles and gentrie estated in ireland , but then residing in london ▪ to petition his majesties return to london , and gracious agreement with his great and highest ▪ court of parliament . together with the gentrie and commons of the county of lincoln , staffordshire , and munmouth in wales ; as also a most excellent and patheticall petition from those of cheshire , and another cut of lancashire ; all of them with an unanimous concurrence of votes and suffrages , beseeching and imploring his majesties speedie and propitious affection and return to his parliament . yea our ever to be honoured , and intimately to be loved brethren of scotland also were not wanting in their love and loyaltie to send their faithfull commissioners , and among them the noble and renowned pious and prudent lord louthen to advise and beseech his majestie to return and listen to his loyall and faithfull subjects in parliament . the gentrie also and commons of the county of york most humbly and earnestly besought and petitioned his majestie , april the th , to reflect his favourable and princely affections on his great councell at london , and to cohere and adhere to their wholesome and honourable advise for his majesties honour and welfare : together with the knights , gentlemen and others of the county of yorks wise and modest answer to his majesties demands of them , not long after , in these words . may it please your most excellent majestie . vve shall all be ready to defend your royall person from violence , by all such wayes and means as the law and our dutie bind us . and as for the means to vindicate your majesties honour , and to put you into possession of your own ; we conceive that the best advise that we can offer to your majestie is , humbly to desire you to hearken to the counsell of your parliament , who we assure our selves will be carefull of your majesties person and honour , and to whom your majestie hath already been pleased to direct a message to that purpose . again , a full and fair declaration or remonstrance was sent to his majestie from both houses of parliament , and to the whole kingdom , bearing date , may , the th , wherein were expressed the severall depositions of divers , about the bringing in of the armie ( formerly in the north , and then intended against ou● brethren of scotland ) to london against this parliament . and since that , another declaration or remonstrance , bearing date may th , , in answer to one under his majesties name , concerning the businesse of hull , sent in a message to both houses of parliament , may . in which remonstrance was fully set forth the kings of englands deep tye of regall stipulation to rule the kingdom according to the fundamentall laws made by the commons thereof or people of the kingdom , and ratifying and maintaining the subjects immunities and freedoms , to the reciprocall and harmonious happinesse of king and subject . therein also fully and fairly clearing sir john hotham from the imputation of treason in his holding the town of hull to his majesties and the kingdoms just use and welfare . the safe transportation and removall of that great magazine of warlike ammunition from hull to london , notwithstanding the kings interdiction of the same . the timely and happie discoverie of that dangerous plot against hull by one thomas beckwith , gentleman , a popish-recusant , and an inhabitant of beverly in yorkeshire and others his confederates , signified most fully and exactly by sir john hothams own letter to a worthy member of the house of commons , and published in print , june , . both houses of parliament ratifying and confirming by their orders unto york , lancas . and all the whole kingdom , the exercise of the militia , for the better securitie and safeguard thereof both against homebred conspiring popish recusants , and forrein confederating romish invaders of the land . the parliaments clearing of that most worthie and pious gentleman captain phillip skippon from any legall disobedience to his majesties command , in not tender ng his personall attendance on him at york ; which was confirmed by . severall votes in parliament , which for the readers more full satisfaction i have here inserted . may th , . . that this command of his majestie to call captain phillip skippon , serjeant major generall of the forces of london , to attend his majesties person at york , is against the law of the land , and the liberties of the subject . . that this command of his majestie to call captain phillip skippon , serjeant major generall of the forces of london , to attend his majesties person , being employed by both houses to attend their service , without their consent , is against the priviledge of parliament . . that captain phillip skippon , serjeant major generall of the forces of london , shall continue to attend the service of both houses according to their former commands . the same day also , which was , may , , . it having been rumoured that midsommer-term should be adjourned to york , and the parliament understanding thereof , the lord keeper was required to declare whether he had 〈…〉 any command from his majestie to that purpose , which being answered and satisfied by him to the lords , that he had such a command , and the lords conceiving how inconsistent the same was to a parliament sitting at westminster ( not to be dissolved or adjourned without their consent ) the records being carried to york , whereof both houses were to have daily use ; and that the judges ( whose advise and assistance the house of peers daily required ) should be so remote from them . they therefore voted . that the kings removeall of the term from westminster to york ▪ the parliament sitting at westminster , is illegall : and therefore further ordered , that the said lord keeper should not issue-out any writs , or seal any proclamation for adjourning the said term from westminster to york , as aforesaid . about the . or . of may , . a committee of both houses was nominated to consider how they should bring to con dign punishment , those parties who are delinquents and yet ●protected against proceedings in parliament . at which tim also the house took into consideration his majesties summons of the . of may , commanding the gentrie to appear before him in their equipage ▪ and thereupon voted ; . that it appeared that his majestie seduced by wicked counse●● intends to make war against the parliament , who in all their consultations and actions have proposed no other end unto themselves , but the care of his kingdom , and the performance of all dutie and loyaltie to his person . . that whensoever the king maketh war upon the parliament ▪ it is a breach of the trust reposed in him contrary to his oath , and tending to the dissolution of this government . . that whosoever shall serve or assist him in such wars are traitors to the fundamentall laws of this kingdom , and have been so adjudged in two acts of parliament , namely , of ric. . and of hen. . and ought to suffer as traitors . which said two acts , taken out o● the records in the tower of london , containing divers articles 〈◊〉 treason then exhibited in the parliament , against the archbishop of york . michael de la pool and others , in the time of ric. . most exquisitely and punctually depainting the present state of things with us now , were by both houses of parliament voted to be printed and published in french , english and latine on may , , . since this , about may , the ▪ a dispatch was made from the parliament , to their committee at york , with an ordinance of parliament , to be published in all market-towns over that whole countie , declaring that the train'd-bands ought not to be raised by his majesties personall command , as the affairs of the kingdom now stand . and on may , . and . . two orders from both houses were printed and published . the one to all high sheriffs and all other officers within the countie of lancaster , and in generall to all the counties of england and dominion of wales ; both of them , to this effect , that , in regard of their just jealousies and grounded-fears , that his majestie seduced by wicked counsell intended to make war against the parliament , therefore , no arms and ammunition should be conveyed toward york . and for keeping a strict watch within their severall limits and jurisdictions , and to search for and seize on all such arms and ammunition , and to apprehend all such persons going to york with any such ; and to suppresse and hinder the raising and coming together of any souldiers , horse or foot , by any warrant or commission from his majestie alone , without the advise and consent of his parliament . by this and all other fore-mentioned means to stop and hinder the breaking out of civill broils and dissentions in the kingdom , and to maintain and propagate the blessed and happie peace thereof ; yea the care and providence of this parliament continually contriving and casting about for the welfare of the king and kingdom , gave order that the severall societies of sadlers , a●mourers and gun-smiths should forthwith certifie to the houses of parliament ▪ what numbers of arms and sadles they were to provide weekly , and for whom . and have been most vigilant and circumspect to cause their ordinance for the militia of the kingdom ( for the better strengthening of it ) to be put into execution in lincolnshire , which his majestie had opposed by a proclamation , which ordinance of parliament was , notwithstanding , obediently observed and exercised , in buckinghamshire ▪ middlesex , essex , leicestershire , and other counties . and about the . or . of may , . it having been enformed to the parliament that an ancient of sir john hothams was apprehended and imprisoned at york ; the parliament presently sent to the committee there to know the ground of his detenor , and if for being in the service of both houses then they hold it an act of hostilitie against the parliament , and are likewise to return the names of all such members of the house as are at york , their presence there , tending to countenance the war intended against the parliament . and about june the second , this most pious and prudent parliament sent a most submissive petition , with propositions from both houses of parliament , all of them containing matters of high concernment for the singular good ( as they providently conceived ) both of church and common-wealth , which in their most religious and prudent aymes might extraordinarily tend to a most blessed , happie and deeply desired accommodation and reconciliation of differences and misunderstandings betwixt his majestie and them , protesting and seriously assuring his majestie that if he would vouchsafe to grant those their most humble and behoofefull requests , they would with all alacrity of mind and celerity of endeavour apply themselves so to regulate his majesties revenues , and to settle such an extraordinarie and constant increase of it , as should be abundantly sufficient to support his royall dignitie in majesticall honour and princely plentie , beyond the proportion of any of his subjects grants to any of his majesties predecessours . but this so humble submission , these fair propositions , and this so loyall a protestation of fidelity and integritie toward his majestie conceived and brought forth shortly after , a very harsh and unpleasing replie unto them , to theirs and our no small sorrow and continued , yea and aggravated grief and discontent . now the summe of all these premised particulars so summarily mentioned together comes to thus much ; that all these many weightie and various premises seriously considered , and impartially preponderated , cannot but most copiously discover and lay open to the eyes of all that are not wilfully and obstinately blind and too extremly incredulous ( even against clearest sight , sense , and most resplendent demonstrations ) on the one side , the most sturdie and untyred ( though , hitherto , blessed be the lord , most fruitlesse ) projects , plots and craftie contrivements of the malignant partie , under a specious colour and pernicious pretence of advancing regall authority , prerogative , and the kings prosperitie , and yet all of these ( by them ) most egregiously injured and abused to the slie subversion of both king and kingdom . first ( as a most eminent , worthie and pious member of the house of commons lately related it most pithily and pertinently ) by weakning and invalidating the proceedings and power of the parliament , and making way for the utter subversion of it . secondly , for this end , by gathering forces together at york ▪ under a pretence of a guard for his majesties person , but purposely to make opposition against the parliament ▪ and thereby also to support delinquents , to slight and scorn the power and orders of the parliament , and to make them of no esteem or reputation . thirdly , to send out bitter invectives , and unjust aspersions , in his majesties name as declarations and messages from him , onely to perplex the parliament with ●edious expense of their precious time to answer them , and thereby also by false colours and glosses to make the people disaffect the parliament , yea ( and if possibly ) to stir them up to destroy it ( and all parliaments for ever ) and with it , themselves , their wives and children . fourthly and lastly , to draw the members of both houses away from their dutie and attendance on them , and to go down to york ▪ thereby to make the parliament , as it were , bleed to death , and moulder to nothing , and thus to blemish the actions of both houses of parliament , as done by a few and inconsiderable number , and rather a partie than a parliament , and perhaps to set-up an anti-parliament at york . a desperate and most dangerous practise , utterly to ruinate all . but all in vain , i trust in the lord , as hitherto , we have happily seen , in all their designes , for ever blessed be the lord our god for it . but , on the other side , we may most apparently perceive , and clearly behold by all those fore-mentioned particulars on the parliaments part , the most admirable and even onely-heaven-inspired wisdom , moderation , prudence , pietie , patience and indefatigable vigilancie of our ever to be honoured , and everlasting renowned peers and commons in parliament , most humbly demeaning themselves alwayes toward his majestie , most wisely and courageously against the malignant partie , most religiously and faithfully to church and state in generall , and most graciously , tenderly and affectionately , as so many fathers of their countrey to all singular petitions and petitioners desiring their aid and assistance , in a fair and fitting way for the good of church and state ; which was most undeniably evident by the most sweet reciprocall resulta●ce and concurrent confluence of hearts and affections of all in city and countrey , over all the whole three kingdoms of england , scotland , and ireland , that had any spark or glimpse of true grace , yea of but meer common-grace and goodnesse , to the infinite praise and glorie of the lord our god , be it spoken , and to the unexpressible joy of our souls , even of the souls of all those that cordially love and desire to live to see the glorious and most happie espousals and never-again-to be-sequ●stred-union and marriage twixt peace and truth , the grand and gracious desire of that good king hez●kiah , the main , if not onely ayme and ●nd of this prudent parliament ; and which ought to be also of every true godly christian with them . now , therefore , friendly reader , i say all those fore-mentioned particulars conglomerated into one bodie of serious animadversion , those clouds of witnesses attesting this truth , say , was not thy wonder-working god , the lord jehovah most admirably , most gloriously , even far beyond all humane apprehension or expression , seen in the mount of mercies for englands mightie deliverance ? tell me , good reader , speak thy conscience freely , hath not england found , yea hath not this blessed parliament found our god raising up one elisha or other to reveal , and timely to discover all the wicked plots and devises of the malignant partie , ( even now and of late , and indeed all-along ) against the happie hope-breathing condition of our greatly envied church and state ? so that we may say of england , ( now adayes , especially within this yeer and a half ) as balaam , once , said of the children of israel . surely , there is no enchantment against jacob , neither is there any divination against israel : for , according to this time , it shall be said of jacob and of israel , what hath god wrought ? so , certainly , we have all seen it , and the very adverse and malignant partie must needs confesse it . surely , there is no enchantment against england and scotland , nor is there any divination of the wicked that can prosper against the houses of parliament for , according to these times of our wonderfull deliverances , it shall be said to succeeding posteritie of england and of scotland ; o what hath our most gracious god freely wrought for us ? nay , let me speak in particular to those of the malignant faction , or let me rather sing it out with most emphaticall joy , as moses did in his sweet song of gods high praises , and let them denie it if they can . their rock is not as our rock , even they our enemies themselves being judges . for , had their rock , or rather egyptian-reed been able to have over-powred our celestiall-rock , we had ( undoubtedly ) long ere this , been made most wofull spectacles , to them and theirs , of ineffable ruine and implacable wrath ; whereas we are , now , most hopefully happie spectators of their most black shame , sorrow and precipitating confusion . even so , amen , lord jesus hasten it for thine elects sake . now then these things being thus , how can we but with holy david , break out into over-flowing cordiall-gratitude , and say with his heart and tongue . what shall we render to the lord for all his blessed benefits toward us ? we will take the cup of salvation and call on the name of the lord. we will pay our vows ( of universall true obedience ) unto the lord , in the presence of all the people . yea , i say , how can we forbear to break-forth into pious king davids excitation and stimulation of our hearts to infinitely obliged thankfulnesse , but with sincere rouzed-up souls to sing . blesse the lord , o my soul , and all that is within me blesse his holy name . blesse the lord , o my soul , and forget not all ( or any of ) his precious benefits . who hath forgiven all thine iniquities , and healed all thy great and grievous diseases : who hath redeemed thy life from destruction , and hath crowned thee with loving kindnesse and tender mercies . in summe , therefore , to wind-up all briefly , let me beseech thee , good christian reader , to make this four-fold holy use and observation of all these premises , these remarkable and unparalleld parliamentarie-mercies to england , to unworthie , sinfull england . first , to admire and adore the infinite and free mercie of our good god , who hath done all these great things for thee , even for his own name sake , because this so glorious a wonder-working attribute of free-grace and merci ? pleaseth him best of all . know o england , that it was not for thine own sake , that god hath done all these things for thee , but for his holy names sake , which ( alas ) thou hadst most extremly profaned . but thy god was willing to sanctifie his own great name , which thou , i say , hadst profaned , and because he would make the wi●ked and ungodly among thee to know that god is the lord , and that he will be sanctified in you , before their eyes , and that they may see that the lords hand is listed u● against them though they will not see , yet they shall see and be ashamed of their envie at gods people , when the fire of gods wrath devoures his enemies , and when they shall perceive that the lord onely hath ordained peace for his people , and hath wrought al his works in us and for us . let us not therfore ( my dear christian english brethren and friends ) so much look on our sins as to dead our hearts , or to damp our faith , by saying one to another ; o , but our sins are greater than other nations , and therefore , surely , the lord will not ( yet ) save and deliver us , till we are fitted for mercie . alas , alas , if god should not be mercifull to us till we are fit for mercie , certainly , he must never be mercifull to us . but , here we see , and moses confirms it farther to us , that oftentimes ) god shews not mercie to a people because they are greater in number , or better in condition ▪ or fitter for his mercie than another people , but because the lord freely loved us above or before all others ou● neighbour nations round about us , and that he might keep his word and promise made of old , to save his people when they called on him in the day of their trouble , that so they might glorifie him . and most undoubtedly for this very end the lord hath poured on his people of england ( within these two or three yeers ) an extraordinarie spirit of grace and prayer or supplication , in these dayes of their distresse and great calamitie ; yea and notably manifested by all these fore-mentioned returns of prayer , even far beyond their hopes and desires , that he is a god hearing prayers ▪ and so hath encouraged his people ( notwithstanding their sins ) to come unto him , and hath clearly let them see that t is not in vain to call on our god , and to wait till he have mercie . hence , therefore , i say , let us learn to admire and adore the bounteous and open-hand and enlarged bowels of love and compassion of our good god and indulgent father , who hath done all these so great and so good things for us , even of his own meer mercie and free favour , and because mercie pleaseth him . since , then , it is most true and unquestionable , that god hath not so dealt with every nation , nay i may justly say , not with any nation , as he hath with us of england : o let us all seriously endeavour to out-strip every nation round about 〈◊〉 thankfulnesse and obedience , which is the second observation i desire to make of these remarkable parliamentarie mercies to us . thankfulnes , i say , first to our good and gracious god , who hath been the onely author and fountain of all these full and fairly over-flowing mercies to us . who hath thus blessed where the enemie hath cursed . who hath , thus , made the plots and devises of our adversaries , the main means of their own shame and smart , of their own certain ruin and destruction . yea who hath thus firmly and faithfully performed all his good word and will unto us hitherto , and therefore with holy david to cry out and say , not unto us , lord , not unto us , but unto thy name give all the glory , for thy mercie and for thy truths sake . yea to raise and rouze-up our souls to the highest peg and pitch of holy extasies of praise and thanksgiving to our god , and to break-out as the same holy david did . my heart is fixed , o god , my heart is fixed , i will sing and give praise , even with my glorie . awake psalterie and harp ( yea , awake soul and heart ) i my self will awake right early , yea and right earnestly . i will praise thee , o lord , among the people , and i will sing praises unto thee among the nations . for , thy mercies are great above the heavens , and thy glorie above all the earth . set up thy self ( therefore ) o our god , more and more , above the heavens , and thy glory above all the earth . and let not this our thankfulnesse be meerly a work of lip-labour ; but let it also ( yea especially ) produce an effectuall work of life-labour ▪ of true obedience , which , indeed , is better than sacrifice . obedience , i say , to all gods commandments , universall-submission to the whole will of god. which is mainly seen in breaking-off from our sins ( those great blocks ) that stand in the way , and hinder gods good things from us ; accursed sin , i say , which locks up all the gates of gods goodnesse and sweetnesse from us ) by true and cordiall repentance , by hating and forsaking our closest and s●yliest insinuating darling sins our bosome-dal●lahs , which is the onely-golden-key to open the doores , to ▪ lift-up the flood-gates of all gods rich treasury of grace and over-flowing favours and mercies to us . objection . but , here , i may demand ( and not impertinently i hope ) may we not also give thanks and due commendations to our noble and renowned worthies in parliament , who have so cheerfully and so indefatigably spent themselves and their precious time for us and the kingdoms good ? answer . yes undoubtedly , and that most duely ; but in the first and most , and best place , to the lord our god , who is the author and fountain of all our mercies , and unto them in the next place , as the channels or conduit-pipes by and through whom god is pleased to convey these comforts to us . and , as a grave , godly and learned divine of our citie fitly observed ; it is not onely decent and comely to give them thanks , even as we would , if a lord or great friend should send us some extraordinarie gift by his servant ; we would first give condign thanks to the lord or friend that sends it , and also gratifie the servant or messenger by whom t was sent , with some reall expression both of our high esteem of the donor , and also of our gratefull hearts to the messenger for his pains in bringing it to us : so , without all question it is not onely decent ( as i said before ) but due and equall that we should ( at least ) return most heartie thanks to these honourable and happie messengers of our great lord and gracious god , who hath , by them , conferred upon us such and so many indelible monuments of mercies and admirable deliverances ; especially when we consider , i say , with what invincible patience and pains , what admired wisdom and untyred sweetnesse of spirit , both lords and commons , have for us and our good neglected their own lives and livelyhood , their own private and personall affairs and just delights , ( otherwise ) befitting such persons and personages even beyond the slender and lanck expression of my poore pen , yea of the most eminent parallel of any by-past times ▪ and therefore worthie , yea most worthie that we should praise and prize them , and pray for them too , that our god would repay into the bosomes of them and their posterity all the sweetnesse of their love and loyaltie to god their king and countrey , which we all have found and felt to our unspeakable joy and comfort . which being so , as most certain so it is . ah foule shame for such as most injuriously endeavour to traduce and blemish ( as much as in their foule mouthes and false hearts is ) the most honourable name and unspotted reputation of so renowned prudent peers and pious patriots , whose equals ( for pietie , prudence , patience and indefatigable pains for church and state ) this kingdom and nation , never , since it had a being beheld . yet some , i say , have not blushed nor been asham'd to manifest such foule effects of black and ignominious ingratitude ( and therein most palpable impietie ) as cannot chuse but be most exceeding irksome and odious both to god and man. some , saying they see little or nothing done ( as yet ) others convinc'd in their consciences of what is already done , yet extremly extenuate and under-value the same , saying , what have they done in so long time , what is yet reformed by them that was amisse before ? nay are not things ( say some spurious imps of envie ) worse than they were before ( for so they count the works of reformation alreadie wrought , and farther endeavours of pure ordinances in religion , right rules of justice which indeed is the main thing that vexeth them , and which , they extremly fear lest it cut them short of the former libertie of their base lusts ) this , i say , and much more dares black-mouth'd malignitie belch out against these our never-sufficiently to be praised and prized heroes , notwithstanding all those most admirable and amiable white-clouds of witnesses of their mightie and blessed pains and pietie , as have been by me abundantly made known in all those fore-mentioned parliamentarie-mercies , wherein , as , i have fully and fairly ( i think ) told my readers what they have done : so , i could yet farther tell them what more they would have done , had not the most notorious envie and malice of impious and irreligious opposers the malignant elymasses of our times , and enemies of all righteousnesse and true goodnesse mightily molested and perniciously opposed their pious purposes and religious resolutions therein . as namely , a full removeall of the inordinate power , vexation and usurpation of bishops , the reformation of the pride and idlenesse of many others of the clergie , the casing of the peoples consciences from unnecessarie ceremonies in gods worship , the censuring and removing of unworthie and unprofitable ministers , and contrariwise , the maintaining and setting-up of godly and diligent preachers through the whole kingdom ; together with many other things of great importance for the singular good of the kingdom , which long have been in proposition and agitation in parliament ( which the reader may see most particularly set forth by our * parliamentarie-worthies themselves ) but , which have been extremly and necessitously retarded and hindred by plots and projects of the malignant partie ; but , which god ( i trust ) will in his own good time ripen and bring to maturity of a through reformation , to the praise of his grace and wonder-working glorie . the third serious consideration and observation of all these rich and rare parliamentarie-mercies , incomparable mercies and gracious deliverances of ou● land and nation , so deeply designed to destruction , but so admirably pluckt ( as a brand ) out of the fire of confusion , should , most justly , make us more faithfull and lesse fearfull . the prophet david made it a ground of comfort and encouragement to him , to consider what god had done for his church and children in former times . we have heard ( saies he ) with our eares , o god , and our fathers have told us what works thou didst in their dayes , and in the times of old . but what a ground of comfort and heart-stablishing encouragement may it be to us , who have not onely heard our fathers tell us of gods former wonders , but have visibly seen with our own eyes , and found by our own present experience , how our god hath with his mightie hand and stretched-out arm supplanted our enemies , and blessedly begun to plant us . how the lords right hand and mightie arm , and the light of his countenance ( because he had a favour to us ) hath put us into much present possession of our hearts desires , and gloriously commanded great deliverances for us . it was also ( and that most justly ) a strong strengthening supp rtation to loyall-hearted and royally-affectionated king david , to assure himself of an undoubted conquest over that seeming unconquerable uncircumcised philistine , great goliah , namely , the sweet heart-fortifying experience he had had of gods assisting power and preservation against the paw of the lion , and the paw of the bear. and shall not these our so many and so marvellous great deliverances and so sweetly and so freshly ▪ tasting-merci s cause us to be confident , that our god will deliver us also from the great goliah-like and philistine fears of future most dangerous designes by our most private and pernicious plotting enemies ? o foule shame if they should not ! certainly ( christian reader ) experimentall faith must needs be an unmoveable , an impregnable rock , not to be dasht out of countenance , or driven from its so fast hold by base and slavish fears , but to be the more setled and confirmed in faith . o ( saies couragious and noble nehemiah ) shall such a man as i am flie for fear of any enemies ? so may i say to thee ( good reader ) and to all my christian brethren of england , shall men of so many mercies , so many rare pledges of farther purposed deliverances , all readie put into our hands , faint and be afraid ? shall we damp and dead our hearts with base servile fear , and slavish doubts of infidelity , and , thereby , extremly discountenance our glorious cause , and mightily encourage our insulting enemies , who would gladly triumph in our pusillanimous terrours and effeminate faintings ? ou● god forbid . let us call to remembrance , and lay it sadly and seriously to our hearts ( for t is a most certain and undeniable truth ) that nothing did so cut short the children of israel from entring into canaan , fruitfull canaan , the desire of their souls ( because the promised land of peace and plentie ) as godlesse infidelity still questioning and as it were catechising gods power and faithfulnes . o , so , let us take great heed that infidelitie and false-fears cut us not short of our hopes of a pure reformation ( the desire of our souls ) and of a perfect deliverance from ensuing dangers , the promised heart-chearing happinesse of us and our posterity . but here i desire i may not be mistaken ; i have not so prest this dutie of faithfull repose in god , out of former happie experiments as to cast any of gods children into a lethargi of supine securitie , or improvident carelesnesse . no , god forbid this also . for , i hereby forbid not all fear , but do desire we may still and over retain that godly fear which may graciously keep our hearts in such an humble posture and disposition as may preserve us from carnall securitie , as may make us fear the lord , tremble at his judgements , and not dare to sin against him ; fear thus ( still ) on gods name , and spare not , for , doubtlesse , blessed is the man that ( thus ) fears alwayes . but , i , hereby , desire onely to beat down and keep-under that slavish f ar and cowardly fainting of spirit , which i observe to be too frequent in gods dearest children , to the dishonour of our gracious and bountifull god , and the wonderfull weakning and wounding of so glorious a cause as we are interessed in , ( and blessed be our god that ever we had a part in it ) especially having god on our side , and his sure word of promise to support us to back and bear us up in our strictest straits . wherefore , my brethren , let us seriously and sincerely often check and controul such unsound and unwarrantable fears , with that fair and favourable reproof from the lord himself of such false and faithlesse fears in his children ▪ hearken unto me , ye that know righteousnesse , the people in whose heart is my law. fear ye not the reproaches of men , neither be ye afraid of their revilings ▪ for , the moth shall eat them up like a garment , and the worm shall eat them like wooll ▪ but my righteousnesse shall be for ever , and my salvation from generation to generation . and that especially in the and verses of the same chapter . i , even i am he that comforteth you , who art thou that thou shouldst be afraid of a man that shall die , and of the son of man which shall be made as grasse ▪ and forgettest the lord thy maker , that hath stretched forth the heavens , and laid the foundation of the earth ▪ and hast feared continually every day , because of the furie of the oppressour , as if he were readie to destroy , and where is the furie of the oppressour ? certainly , good reader , here 's a most exact description of the condition of very many of gods children , even at this very day ; o what fear of the force or fraud is there of men , yea of wicked men , who shall undoubtedly perish together with their most desperate designes and profoundest policie ? what startling is there at a base weak project of theirs , though our eyes have seen them vanish like a vapour and come to nought ? what frights and fears are in the hearts of gods people , even every day ( as the lord saies ) because of their seeming furie , but certain frenzie and madnesse ; which yet , our god hath crusht and confounded in its highest ruff and deepest danger-threatning bluster ▪ for shame , therefore , for shame , let us labour against such groundlesse , such causelesse fears ▪ and put on godly resolution and invincible courage , since the lord is our god , and is good , and does good , and who hath done all this great good for us ; which brings us to my fourth and last observation on these fore-mentioned pa liamentarie mercies , namely , that the lord onely is our salvation , and hath engaged himself and his own great name to deliver us , by his faithfull word and promise , and that therefore we should patiently , wisely , and zealously depend on him for deliverance . since , i say , the lord onely is our strength , and not the failing arm of flesh which we know is an accursed prop , and will deceive like the broken reeds of egypt ; let us therefore often remember that of good king jehosaphat , which indeed , i desire may be a constant and cordiall memento to us all to stablish and strengthen our hearts piously and patiently to wait on the lord , namely , hear me ( saies that good king ) o judah , and ye inhabitants of jerusalem , beleeve the lord your god , so shall ye be established , beleeve his prophets ( and promises ) so shall ye prosper . even so i say to thee , o england , and ye noble and renowned inhabitants of london , famous over the whole christian world for the glory of god among you , beleeve the many and most sweet and precious-promises which god in christ hath made unto you , so shall ye certainly prevail and prosper ; lay hold on the promises , yea , rest and roul your selves , and even live upon the promises , so shall it undoubtedly go well with thee . now , we have a sure word of promise , that babylon shall fall , yea saies the lord , by the prophet ( in respect of the certainty of it ) babylon is fallen , is fallen , ( with an ingemination , which implies , matter of moment ) and all the graven images of her gods , the lord hath broken to the ground . yea saies the prophet jeremie , babylon is suddenly fallen and destroyed . now then , i say , good reader , having such a sure word of promise ( even from the fountain of truth , yea truth it self ) let us with christian courage , by faith lay fast hold on it and infallibly beleeve it , for truth hath spoken it ; and certainly heaven and earth shall sooner perish than one jot or tittle of his precious word and promise shall not be performed . hast thou , i say , ( as a reverend and learned divine , once sweetly delivered ) a sure word of promise , abide close by it , for , certainly , whatsoever the work of gods providence may be ( which ofttimes , i confesse , seems , even point-blank to crosse and contradict our hopes , mainly for triall of our faith and patience ) yet , stick-fast to the word of promise , rest and relye on it , wait with the patience of the saints for the performing of it : for , as the lord said to the prophet , write the vision , and make it plain upon tables that he may run that readeth it . for , the vision is yet for an appointed time , but at the end it shall speak and not lie , though it tarrie , wait for it , because it will surely come , and it will not tarry . see here , good reader , what sound and solid grounds of christian courage , comfort and confidence is here ? who then would be afraid ? who would not strongly and immoveably relie on the lord his so mightie , so sure foundation ? see , i say , what an abundant cornucopia of sweet refection is here for the most drooping heart that may be , who then would tantalize in the midst of such & so fair heart-upholding store ? alas , alas , good reader , if , under such props and supportations our hearts should flag , and faint , and sink , by fear and infidelity ( which indeed is the bitter root of slavish fear ) might not the lord too justly upbraid us , as , once , he did the murmuring children of israel , the sinfull and rebellious israelites ? since the lord onely is our fast and firmly-rooted rock , and his works are perfect , and all his wayes judgement , a god of truth , and without iniquitie , most just and right . if we thus corrupt our selves ( with sinfull infidelity ) our spot is not then the spot of his children , but we being thus a perverse and crooked generation , may not the lord , then , i say , most justly upbraid us , and say , do ye thus requite the lord , o foolish people and unwise ? is not god your father that hath bought you and establisht you ? o remember the dayes of old ( of thy old slaverie and bondage of romish-egypt , the black and palpable fogs of popish idolatrie and superstition ) consider the yeers of many past generations , ask your fathers and they can shew you , your elders and they can tell you . and certainly , as good ezra said in such a like case : if after these great mercies and deliverances which god hath wrought for us , and wherwith he hath so graciously crowned us , we should yet again break our covenant with god , we should violate his righteous commandments , turn his so sweet and precious grace into wantonnesse , and make this his patience and goodnesse to us a ground of our licentiousnesse , and loosse living , would not the lord ( and that most justly ) be angrie with us , untill he had utterly consumed us ? yes certainly he would . for , though t is most true that the lord hath proclaimed himself to the whole world , and all generations have found him to be , the lord , the lord , mercifull and gracious , long-suffering , and abundant in goodnesse and truth , keeping mercie for thousands , forgiving iniquiti● , transgression and sin : yet it is as true , that he will by no means clear the guiltie , but will visit the iniquitie of fathers upon the children , and upon the childrens children unto the third and fourth generation . wherefore , i say , let our onely fear be to off●nd this god , as loving and obedient children ; to disobey so loving ▪ so gracious and indulgent a father of mercies , and god of so many comforts and consolations ; yea to provoke so patient a god , so loath to strike when stirred , yea constrained thereunto by our unsufferable sins ; so ready to help and heal what sin hath wounded . let us , then , be seriously advised , since such free favour is shown unto us , to behold the majestie of the lord , and to learn righteousnesse , and not to do unjustly in the land of uprightnesse ; lest whiles we will not learn righteousnesse by the historical miseries of others ( i mean germanie and ireland ) god make us a historie of wo and wretchednesse ●o others round about us . yea , i say , let us contrariwise be co●str●ined cordially to love such a god of love who so d●lights to load ●s with his love in such unparralleld & unpattern'd measure as never any nation could produce the like presidents . but let this our love be free and filiall ▪ not mercenarie , and so ( as reverend m ▪ calamie before mentioned in his said fast-sermon ) meretricious love , onely , or else mainly for love of reward or fear of punishment , but let it be pure and sincere , and out of an honest heart and good conscience , as unto the lord , the onely searcher of the heart and reins , and who is onely pleased with sinceritie and integrity of heart , truth in the inner-parts . and , now , to wind-up all and to conclude ▪ le● holy love ▪ i say , and perf●ct obedience be the precious r●●ribution of all these rare and singular mercies of our bountifull god unto us ; unto us , i say , a nation so i●●●deserving such an 〈◊〉 of ove●-flowing favours , a nation so well-deserving an ●npattern'd-deluge of direst destruction ; a nation so freely , so extraordinarily beloved , a nation so meretoriously deserving to be extremly hated ; a nation , i say , so fill'd and fraught and beautifide with blessings , and yet a nation and people so defiled and stained with si●s and transgressions of deepest dies . in sad and most serious consideration whereof , i desire that what that good prophet samuel prest on the people of israel might take deep impression on mine own and all my conscionable and christian readers hearts , though ( o england ) thou be a sinfull nation , yet fear not , turn not aside from following the lord , but serve him ( now ) with all your heart . and turn not aside ( with disloyall apostacie to base and bloodie and blasphemous rome , or any of her romish innovations and nation-confounding high provocations ) for then should ye go after vain things which cannot profit or deliver you in the day of your distresse , for they are vain . but cleave and adhere fast to the lord ( and to his pure and holy worship ) for the lord will not forsake his people , for his own great names sake , because it hath pleased the lord to make us his people above all nations round about . and as for me your poore and unworthie brother ( that i may use the said holy prophets own words ) god forbid , that i should sin against the lord , in ceasing to pray continually for my land and nation . but i desire ( by this prophets blessed direction ) to admonish and shew you the good and right way , to conserve and increase all these many and most rich mercies and deliverances to you and your springing posterity . onely fear the lord , and serve him in truth , with all your heart ; for , consider how great things he hath done for you . and now for a full and finall close and conclusion of all , give me leave ( good reader ) to use my most dear and even blessed saviours holy and wholesome exhortation to that disp●ssessed man in the gospel , on whom he had wrought that great miracle . go home to thy friends ( saith our saviour ) and tell them how great things the lord hath done for thee , and hath had compassion on thee . so , i to my self and all my godly readers , let us go home to our own hearts , to our own houses , yea and to gods house too , and tell our own souls , our wives , children and friends , yea and teach our children to tell their posterity after us , how great and how good things the lord our god hath done for us , for england , scotland and ireland , three most sinfull nations ; and how he hath had compassion on us , meerly for his own free mercies sake , and because mercie best pleased him . and , then , and therewithall , let us again and again ruminate and recogitate , yea practise and perform that pregnant precept of our great lord and master christ jesus to that poore and infirm man , who had for many yeers together been a poore lame creeple ( just our case in the spirituall sense ) and whom our saviour had wonderfully cured . behold thou art made whole , sin no more ( saies our saviour ) lest a worse thing come unto thee : so let us all say to our own souls in particular , and to our land and nation in generall , behold we are all ( hitherto ) strangely saved and delivered out of the hands of our malicious and malignant enemies ; o let us take heed and labour ( by the help of gods spirit ) that we sin no more ( especially that realm ruinating sin of back-sliding to romish idolatrie and popish superstition ) lest a worse thing come unto us . for , certainly , as a wise husband will discreetly bear with many failings , yea and main faults and infirmities too in his wife whom he loves ; but i● she once defile his marriage-bed by adulterie , o he can by no means endure that indignity and disgrace : so undoubtedly it is with the lord our god , who hath married his church and children to himself , who will ( as we all have deep & daily experience , and as was most remarkably evident in king david ) bear with many grosse and foul faults , and failings in them , but if once they defile his marriage-bed ( as i may so call it ) violate their faith ( not that i think or beleeve t is * possible for his truly elected-ones and effectually-called-ones to fall away totally or finally from true faith , or soul-saving grace ) and pure profession or religion , by commi●ting idolatrie ( spirituall adulterie ) and foolish and faithlesse superstition , he will by no means put-up or endure this heinous , yea this hideous and most hatefull sin , this infallibly punishment-provoking sin , especially , i say , if it be stubbornly and stiffely persisted in , but ( as was notably manifested in king solomon ) will undoubtedly be avenged on us for this insufferable disloyaltie , and the fire of his conjugall jealousie will most infallibly break-out upon us to our utter destruction without remedie . from which so high and dangerous an indignitie to our good god , the lord for christs sake , by the irresistible power of his good spirit , preserve and uphold england , scotland and ireland , and all tha● have by gods gracious power and good providence , shaken-off and broken in pieces that heavy , yea that hellish yoke of romes anti-christian tyrannie . amen and amen . all glorie be to god alone . finis . notes, typically marginal, from the original text notes for div a -e gods . royall prerogatives or attributes , mercie and iustice . mans happinesse . satans fall , fo● pride . satan tempts man. mans fall . iob . . ●uk ▪ . . mans restauration , by the promised-seed . a combat denounced twixt the womans seed and the serpents-seed . matt. . . the cause of the combate . ioh. . ● . true religion . the prosecution of the combate . in france , germanie , england , scotland , &c. the ill-successe of the malignant combatants . the blood of the saints is the seed of the church . matth. . . psal . . . mans necessity is gods opportunitie . psal . . . england the land-mark of gods mercies . the pope began to be pusht-down by , king hen. . king edw. . queen elizabeth . spanish-armado . . powder-plot by papists , . the main occasion of this treatise . parliamentarie-mercies . the mount of straits . the mount of mercies . iesuiticall-priests and pontifick prelates like simeon and levi. contrarie juxta se posita , mag is illucescunt . dangers and deliverances opposed shew the more gloriously . the first parliamentarie-remonstrance . psal . . . the root and growth of this their plot . the ripenesse of it . the means of curing it . the boyling obstructions against the cure . the counter-checking of thoseobstacles . the root and r●ce of the plot was , the complotters . jesuited-papists . prelates and pontificians . profane and irreligious courtiers . their principles to work by . to set the king & people at jarres about prerogatives and liberties . to suppresse the power and purity of religion . to countenance all their own , and to disgrace all the opposite party . to cause the king to disaffect parliaments . note this wel . primo regis caroli , o●us serves●ere caepit . this plot wa● first machinated in king iames his dayes . the first parliament at oxford dissolved . sad effects of the dissolution of that first parliament . rochel lost . west indie voyage diverted . c●●es attempted . peace with spain without parliaments consent . the palsgraves cause deserted . billetted ▪ souldiers over the kingdom ▪ german . horse a second parliament dissolved . sad events on the breach of this parliament also . a third parliamentdissolved . by which cruell usage sir iohn ell●ot a most worthy member of the house and pious patriot , died then in prison . more bad issues on the breach of the third parliament . parliaments & parliament members mightily vilified and disgraced . quarto caroli knight-hood money . tonnage and poundage . book of rates . ship-money . forrests enlarged . coat & conduct-money . traind-bands arms taken away . gun-powder engross●d . the forrest of dean . many moth-eating monopolies . restraint of habitations & trading . corporall ●●xations and punishments inflicted on many good subjects . star-chamber court a main fomenter of suits and censures . oppressions for religion and cases of conscience . no l●sse than transcendent barbarous crueltie . iudges displaced and discountenanced for their honestie . the privie-councill table , a great favourer of these illegalities . selling of justice , and places of judicature . prelatespranks in the church . suspensions & excommunications . the high-commission-court , little inferiour to the spanish-inquisition . in citie and countrey men and women forced to flie into forrein parts . into holland and new-england . who they were which got most preferments . court sermons what , and to what end . godly ministers thrust from their livings . the faction now grown to its heighth . three parts of now perfecting thewhole plot . psal . ▪ . malum cons●lium consultori pessimum . psal . . , , . how they began to put their threefold plot , aforesaid , into full execution . scotland attempted . a new liturgie and canons put upon them . but rejected . dux faemina facti . virg. in his aen. zach. . . * cap . . a great disturbance in the church . kin. . . all scotland opposeth it . they are proclaimed rebels in all churches in england . an armie raised against them . the scots do the like . the first pacification . god in the mount. psal . . ▪ , . the malignant partie displeased with the pacification . chiefly the arch-prelate laud , and the earl of straford . preparation for war , again . a parliament motioned to an ill intent . psal . . ▪ the scots prosecuted again . the earl of straford in ireland cals a parliament , whereby they deeply engage themselves for this war. a prosopopoeia to ireland , as touching this act , and her present state . a short , yet sharp check to england also . the earl of straf . returned home . simeon and levi. a fourth parliament called , april , . . the said th : parliament dissolved . mark this , o england for thy comfort . reverend mr. case in his . arguments of comfort to england . may . . violent courses again exercised to get money . very ill usage to some eminent parliament members . a scandalous declaration published . a forced loan of money urged in the city of london . aldermen imprisoned for refusing it . the apprentises rising in southwark side and at lambeth . exod. . . the clergie continue their convocation . new canons made . a new-forged oath , with a monstrous &c. in it . punishments on those that refused to take it . exod. . , . pharaohs speech to his nobles . pharaohs policie proved meer follie . the arch-prelate of canterbury his speech to his pontificians in the synod . exod. . . large taxations laid on the clergie tow●●d the war. bellum episcopale . praiers against the scots as against rebels . the souldiers marching forward to york . turn rude-reformers . non omnin● laudo , admirer tamen . iudg. . . . the papists did enjoy almost a full toleration . sir francis windibank their great friend . a popes nuncio . great libertie to the papists . a popish private parliament in england . divers notable private contrivements of the popish partie for the full perfecting of the plot . see here , by all these particulars if england was not bought and sold to destruction . england brought into a mount of straits . psal . . . jer. . . gen. . , . nimrod a mighty hunter . chron. . . psal . . . nehem . . psal . . . luk . . exod. . . deut. ● . , . admirable comfort in deepest distresse . mr ▪ cala. fast-ser . the introduction to the now subsequent parliamentarie-mercies . a mightie and strange overture of things for the better . the nobility begins to be sensible of our sorrows . the kings royall standard set up at york . the peers do petition the king. the scots also were vexed as well as we ▪ they enter our kingdom with a strong armie . the scots at new-castle . the intention of the scots army● printed and published in private . the king entertains good counsell , at york . sept. ▪ . a treatie at rippon . a cessation of armes agreed . a fifth parliament called , & to begin , novem ▪ . . r●dis indigestaque moles . seges ubi tr●j● fuit . god in the mount. psal . . . . psal . . . psal . . . iob . . psal . . . isa . . . a parliament . a plot to spoil the parliament the kings & queensletters . earls , lords , knights and gentlemen ride up and down to help them . god counterplots and crosses them . parliamentary worthies chosen . a blessed colledge of physicians . exod. . . psal . , , , . divers difficulties at the first beginning of this parliament . six subsidies granted . pole-money . the mountanous dispatch of great affairs , of the parliament at the first . to stop the mouthes of slanderers . ship-money abolished . coat and conduct taken away . sope. wine . leather . salt ▪ many other monopolies suppressed , the root of all the former evils pluckt up , viz. arbitrary government . god in the mount. psal . . , , . a spirit of prayer and humiliation stird up in the hearts of gods people in private . rich returns of our prayers . our enemies plots proved their owngreatest plagues . iudg. . . against the false fears and faithlesse faintings in gods people . ier. . . acts . . a fleet of spanish-ships at sea. the spaniard is apt to watch and catch advantage● . the spanish fleet on our narrow-seas , in sight of dover . the hollanders meet with them . martin tromp admirall of the fleet. the spanish fleet beaten and destroyed . isa . . . no weapon can be forged nor tongue raised against england and scotland . a pacification and blessed union between the three kingdoms , by act of parliament . psal . . psal . . , . good men made officers of state. the scaligers of our rustie times . the star-chamber-court , president , & councell of the north , &c. dissolved . the earl of straford beheaded . ●ex ●alionis . an english - haman . psal . . . sam. . . ier. . , . iudge bartlet & other iudges and bishops impeached of high treason and imprisoned much content among men , upon the earls beheading . the arch-prelate of canterbury impeached of high treason , and imprisoned . q elizabeths saying , touching popish bishops , in her dayes of deliverance . the malignant partie , now began to fear . sir ioh. finch , secretary windibank , &c. flie away for fear . a fit simile of rats and mice in an old house or barn . a double benefit came to the kingdom hereby . cateline a● traitor to old rome . we ought to be as thankful for privative , as positive mercies . prov. . . psal . . . psal . . , . psal . . , . a trienniall parliament ▪ the most blessed continuation of this present parliament . the excellent benefit of these . last laws ▪ a three-fold cord is not easily broken . both church and state sick at the very heart . the church sick of a quotidian-ague of popery . the state of a consumption by oppressive taxations . a protestation wednesday , may , . . who they be that refuse to take the protestation . friday , july , . . god in the mount of mercies . psal . . , , . and , , . psal . . . parliamentarie mercies to the church of god. * prelates and pontificians . ier. . . dr. bastwick , mr. burton , mr. prinne , freed from prison . dr. laighton also , m. smart , mr walker , mr. foxely , mr. lilborn , & many others set a ▪ liberty . isa . . , . prov. . . hesth . . . mr. prinnes most excellent history of all those three famous-sufferers . gen. . . psal . . . & . , ▪ . paarliamenta●●●rdiners ▪ state-engineers . the prelates ill-legall synod nullified . their accursed canons damned . their monstrous et caetera-oath also condemned . scandalous priests discovered and discountenanced . sam ▪ . . non-residents and pluralists voted against . deans & prebends voted down . godly pastort and lecturers set up again with the peoples consent . isa . . . * which very words the arch-prelate of ganterbury spake most proudly to a godly pastour my worthy friend . our candlesticks almost lost , and stinking-snuffs setting-up . psal . . . psal . . . oxford and cambridge hopefull to be purged . matth. . . sabbath-dayes better sanctified . the due praise of the true sanctification of the sabbath . a profane book for sports on the lords day . most violently pressed by the prelates on gods people . printing-presses set open again . the sabbaths honour thereby vindicate● ▪ god in the mount. psal . , , , . gods worship in the church , better ordered . from romish ceremonies . crucifixes and popish ▪ pictures in churches dimolished . all jesu-worship prohibited , and all altar-rails dimolished . * exod. ▪ . libertie to hear the word without controlment . the miserie of mens souls by prelates soulcrueltie . a notable peice of prelaticall tyrannies now , blessedly abolished . the kings declaration before the book of articles . the high-commission court most blessedly put down . a fit description of the arminian rabble . romes caterpillers blown away . persecuted pastors return home . the high-commission-court most blessedly put down . a brief description of the high-commission-court the members of the high-commission-court duely delineated . mat. . . the ex officio oath damned . church-wardēs freed from their visitation vexations . dan. . . & ● . * the high-commission-courts deserved destin●e , being the vote of a reverend holy minister of this kingdome . see beer the extreame malice and rage of the prelates . the starr-chamber court voted down ▪ and the councill-table limited & restrained . those last great mercies summed up together . god in the mount. isa . . , , . england like to have been romes perpetuall ass . psal ● . , , . a tympanie of pride an 〈…〉 fatuus o● self-deceit . gen. ▪ . god is an unexhausted spring of mercies compelling of the subject to take the order of knighthood , abolished . stannary-courts and clerkes of markets rectified . parkes and forrests also rightly ordered . priests and iesuites banished . sommersett-house , that cage of unclean birds cleansed . the queen-mother of france also sent away . a most happie union between all the three kingdomes of england , scotland , and ireland . an act also of oblivion therunto annexed . both armies in the north disbanded . august the . . our brethren of scotland attested to be loyall & faithfull subjects . what said our arminian foul-mouth'd priests to this . god in the mount. psal . . , . psal . . . those slanderous tongues of wicked priests forced to give themselves the lye in their pulpits . i●● . . . psal . . . a notable design of the popish lords and prelates with the english armie in the north. the earle of straford attempted his escape out of the tower. sir iohn suckling a partie in this plott . the prince also and the earl of newcastle were to advance the work . the french also were to assist in it . the hot zeale of our holy bishops to work our destruction master iermines letter intercepted . portsmouth also attempted to be got into their hands . another design with the scottish armie also against the parliament & citie of london . both designes timely discovered and disappointed . the most bloodie and barbarous rebellion in ireland discovered . the great danger of the utter losse of ireland . the irish-remonstrance & irelands tears . england mainly intended to have been the prologue of irelands miseries . psal . . , , , . &c. sir wil. belfore put out of his lieutenantship of the tower. the lord cottington made constable of the tower. cottington displaced . col. lunsford made leiftenant of the tower. lunsford also displaced . sir iohn byron made leiftenant of the tower. petitioned against . a plague-sore plasture sent in a letter unto mr. pim. dan . camillus a renowned romane captain , plutarch in his lives . mr. pims most undaunted spirit against the plasture . mr. pims due praise . an objection answered . the citizens of london petition both houses of parliament . the citizens most grave & substantiall delivery of their petition . the gracious answer to their petition . the apprentises of london do likewise petition . the porters of london also do petition the parliament the apprentises of london go again to the parliament for an answer to their ▪ petition . are greatly affronted . the bishops the cause of the quarrell . citizens abused at whitehall by courtiers there . . a great disturbance and hubbub at westm . abbey the next day . the bishops are frighted from the parliament by apprentises by land & water . the most remarkableevent of that affront to the bishops . the bishops just fears and jealousies of theirdownfall . the bishops do petition the king & peers touching their grievances . the bishops petition and protestation to the king and peers . twelve bishops impeached of high treason , and imprisoned in the tower. quod nequit ingenium d●us fecit . job . . mark this note well . craft and crueltie . laodicean securitie . iudges . o how far short came all our best bishops of noble q. hester in her zeal and courage for god and his saints ! cor. ▪ . here is the pith of the note , which in desire thee to mark . the great impenitencie of our prelates . * bp. hall ( a most fierce , but fruitlesse stickler for diocesan episcopacie ) in a book of his lately printed and published in his own defence . kin. . . bp halls peace of rome . two scottish bishops renounced their bishopricks , as an antichristian function . * in his defence of episcopacie . ezra . , . * o how much more precious are the living temples of the holy-ghost , which , our prelates have been so far from building up , that the worst of them have laboured to pull down and destroy , the very best of them have lazily and carelesly suffered to be destroyed . the great designe of ian. . . exactly described . a serjeant at arms sent from the king to apprehend the five gentlemen accused of high treason . the king himself went to the parliament with attendants papists & others . the souldiers demeanour about the parliament-door . the souldiers most audacious and accursed speeches . the parliament attendants and servants about the doore disarmed by force . the king placed himself in the speaker of the parliaments chair . the plot blessedly crost by the absence of the gentlemen . the king departed out of the parliament the main intention of this great & grievous designe . a proclamation published at westm . against those parliament-worthies . voted to be a scandalous & illegall paper . those worthy gentlemen justified by the parliament . a brief congratulatory for gods mercie in this their so great a deliverance . deut. . , . psal . . , . exod. . . psal . . , , ● . the parliament adjourned and turn'd into a grand-committee at london in the grocers ▪ hall. the ministers of london petition the parliament for an assembly and a monethly fast . an assembly of ministers resolved on in parliament . a monethly fast proclaimed all over the kingdom . rom. . . king. . , . cor. . . ship-masters and sea-men petition the parliament , and proffer their service to it on all occasions . tuesday , ian ▪ . . our parliament-worthies most bravely attended to westm . by land . and by water . a brief description of the brave carriage of the souldiers and sea men by land and water . terror to the malignant partie ; but joy and comfort to the godly . the legality of the acts aforesaid by land & water . buckinghamshire men came riding into the city , to petition the parliament . essex , hartford and other counties come to london in great multitudes to petition the parliament . god on the mount. ier. . . the bishops are quite voted out of the parliament for voice and place . the house of lords make the bill against the bishops most full of comfort to us all . matth. . . note this . bishops , who had no heart nor voice for christ , have , now , no voice nor place for themselves in parliament . chron . note this also . non-subscription silenced many godly ministers : now their subscription hath imprisoned and almost unbishoped our proud prelates . prov. . . god in the mount. isa . , , , , . the kingdom put into a posture of defence . sir iohn byron , leiftenant of the tower , displaced . sir iohn conniers made leiftenant by the parliament a fair and famous project of subscription for relieving of ireland moved and promoved in parliament . a general collection ordered also to be over the kingdom for the distressed english inhabitants in ireland . the most liberall collection for ireland at aldermanbury in london . a gracious answer from the kings majestie touching the liturgie and church-government . za●h . . . the malignant partie , still , plotting , first , in london . a seditious petition framed and presented to the parliament against the militia of the city , & other things of dangerous consequence . one mr. binion a mainstickler in the foresaid seditious petition . a counter-petition exhibited by the honest citizens against it . the malignant petition censured . mr. binions censure : the kentish malignant petition . sir edw. deering . sir edw. deerings book of his speeches printed . himself and his book censured . the authors opinion of him and his book . the arch-prelates conference with fisher a iesuite . a replie to the said conference . wittie , but irreligious scoffing at pietie and godlinesse in sir eds. book . the seditious petition of kent was much countenanced by the earl of bristow and judge mallet . the petition brought to the parliament . their usage in the delivery of their petition . the honest partie of kent petition against the malignant partie . god in the mount. ● tim. . , . psal . . , . . the king having unhappily left his parliament , sends messages to them . the parliaments wisdom and moderation in their answers to them . the sweet unanimity of both houses notwithstanding their great discouragements . cor. . . concordiâ re● parvae cres●unt , discerdiâ magnae dila●untu● . psal . . , ● . concord ● sweet oyntment to a kingdom . the liturgie and church government voted to be reformed . god on the mount. acts . . isa . . , , . the king , by his ill-affected counsellors grows into discontent with his parliament the king departs from london . the king takes the prince along with him . the king comes into the north. hull attempte● to be taken for the king. but prevente● by sir john hotham . the k : came to hull and required it to be delivered up to him . on refusall thereof was declared to be a traitor . propositions made to the gentrie of york . swords draw● . divide & impera . a false and foolish distinction made between the king and parliament . insanire cum ratione . who is for the king , and who for the parliament ? interpreted . the gentrie at york assembled again . the king resolved for ireland , but contradicted therin by the parliament . freeholders of yorkshire discourteously used . the militia interdicted ( to be exercised ) by the king. captain phillip skippon summoned to york to the king. the k : sends to the lord keeper to remove midsommer term. the l. keeper and divers other lords leave the parliament . an objection . the answer . gods over-powring wisdom and mercie still preventing our hastning mischiefs . instrumentally by the pious & prudent demeanour of the parliament . the lords & gentry of ireland petition his majesties return to london . so do others . our dear brethren of scotland also mediate with his majestie to return . the gentry & commons of yorkshire petitioned his majesties return to london . the knights , gentlemen & others of york-shires answer to his majesties demands . the declaration or remonstrance , may . . another declaration or remonstrance , may . . sir io hotham cleared from the imputation of treason laid on him . the magazine brought to the tower of london . the popish & pernicious plot against hull timely discovered . the exercise of the militia ratified by the parliament in york , lancas . &c. serjeant major skippon cleared by the parliament . parliamentarie votes clearing serjeant major skippon . see here one notable advantage of the legall continuation of this parliament . midsommer term not to be adjourned from westm . to york . delinquents to be proceeded against . votes of parliamēt against the kings proceedings in york . two acts of parliament in ric. . & hen. . proving such proceedings to be flat treason . an ordinance of parliament sent to york touching their train'd-bands . two orders of both houses sent into lancas . and to all counties in england and wales . to oppose the illegall proceedings at york . the parliaments care to see to the arms and ammunition of the kingdom . the militia exercised in divers counties . an ancient of sir ioh. hothams imprisoned at york . the . propositions sent to his majesty from the parliament for an accommodation . a harsh message returned to the parliament in replie to their . propositions . the summe of all these former passages considered together . a clear dese●ption of the ayms of the malignant partie . mr denzell holles , in his most excellent speech to the lords . june . . the loyall & laudable ayms and ends of 〈◊〉 the parliament in all the forecited particulars . an irrefragable testimonie of the parliaments integrity . a most blessed marriage twixt peace & truth . kin. . god in the mount. king. . , . num. . . no enchantment against england ; no divination against the parliament . deut. . . we have a rock to rest on , our adversaries have but an egyptian reed to relie on . psal . . , , , . the summe of all . a fourfold vse or observation . observation . to admire & adore gods free grace and mercie . ezek. . , . isa . . , ● . how to look on our sins . mark this wel . deut. , , , . psal . , . gods way of saving a people by free mercy . psal . . . observation . thankfulnesse and obedience . to god. psal . ▪ . psal . . , , , , . thankfulnesse must produce universall obedience . true repentance is the golden-key to open the door● of gods treasurie . to our renowned parliament-worthies . mr calamie in his fast sermon , p. ● . a sutable simile . why we ought to be most obligedly thankfull to this blessed parliament . the parliaments most just panegyrick , or due praise . envie and ingratitude against this present parliaments proceedings . the true cause of parliament calumniations and slanders . act. . . what the parliament intends yet farther to do . * the first and famous remonstrance of the state of the kingdom ; set forth , decemb ▪ . . observation . to make ' us more faithfull and lesse fearfull . king davids encouragement . psal . . . ver. . , . davids experimental faith . sam. . . nehem. . . sweet encouragements to relie on god. infidelitie a mostdangerous means to deprive us of our happie hopes . advise not to be secure or carelesse also . what fear is requisite in times of danger . a great failing in gods people . isa . . ● . a precious preservative against false fears in gods children . observation . god onely is our salvation , therefore to wait on him for deliverance psal . . . isa . . . chron. . . isa . . ▪ ier. . . mr carall pastour of lincolnes-inne . haba . ▪ , ▪ infidelitie is the root of slavish fear . deut. . , , ezra . , . exod. . , , isa . . . mr calamie in his sermon on the fast . sam. , , , , , . o england take heed of romish idolatrie and superstitious innovations . mark . . go tell wha● great things god hath do●● for thee . ioh. ▪ . sin no more , lest a worse thing come unto thee . the sin of romish idolatrie a most dangerous sin . a ●it simile . luk. . . an argument shewing, that a standing army, with consent of parliament, is not inconsistent with a free government, &c. defoe, daniel, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an argument shewing, that a standing army, with consent of parliament, is not inconsistent with a free government, &c. defoe, daniel, ?- . [ ], p. printed for e. whitlock, london : . attributed to daniel defoe. cf. bm. a reply to: an argument shewing that a standing army is inconsistent with a free government by john trenchard and walter moyle. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng trenchard, john, - . -- argument shewing that a standing army is inconsistent with a free government. england and wales. -- army. standing army. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion an argument shewing , that a standing army , with consent of parliament , is not inconsistent with a free government , &c. chron. . . and king solomon had four thousand stalls for horses and chariots , and twelve thousand horsemen ; whom he bestowed in the chariot-cities , and with the king at jerusalem . london : printed for e. whitlock near stationers . . the preface . the present pen and ink war rais'd against a standing army , has more ill consequences in it , than are at first sight to be discern'd . the pretence is specious , and the cry of liberty is very pleasing ; but the principle is mortally contagious and destructive of the essential safety of the kingdom ; liberty and property , are the glorious attributes of the english nation ; and the dearer they are to us , the less danger we are in of loosing them ; but i cou'd never yet see it prov'd , that the danger of loosing them by a small army was such as we shou'd expose our selves to all the world for it . some people talk so big of our own strength , that they think england able to defend it self against all the world. i presume such talk without book ; i think the prudentest course is to prevent the trial , and that is only to hold the ballance of europe as the king now does ; and if there be a war to keep it abroad . how these gentlemen will do that with a militia , i shou'd be glad to see proposed ; 't is not the king of england alone , but the sword of england in the hand of the king , that gives laws of peace and war now to europe ; and those who would thus write the sword out of his hand in time of peace , bid the fairest of any men in the world to renew the war. the arguments against an army have been strongly urg'd ; and the authors with an unusual assurance , boast already of their conquest , tho' their armour is not yet put off . i think their triumph goes before their victory ; and if books and writing will not , god be thanked the parliament will confute them , by taking care to maintain such forces , and no more , as they think needful for our safety abroad , without danger at home , and leaving it to time to make it appear , that such an army , with consent of parliament , is not inconsistent with a free government , &c. an argument , shewing , that a standing army , with consent of parliament , is not inconsistent with a free government , &c. in the great debates about a standing army ; and in all the arguments us'd on one side and 'tother , in the case it seems to me , that both parties are guilty of running into the extreams of the controversie . some have taken up such terrible notions of an army , that take it how you will , call it what you will ; be it rais'd , paid or commanded by whom you will , and let the circumstances be alter'd never so much , the term is synonimous , an army is an army ; and if they don't enslave us , the thanks is not to our good conduct ; for so many soldiers , so many masters : they may do it if they will ; and if they do not do it now , they may do it in another reign , when a king shall arise who knows not ioseph , and therefore the risque is not to be run by any means : from hence they draw the consequence , that a standing army is inconsistent with a free government , &c. which is the title to the argument . this we find back'd by a discourse of militia's , and by a second part of the argument , &c. and all these three , which seem to me to be wrote be the same hand , agree in this point in general ▪ that the war being at an end , no forces at all are to be kept in pay , no men to be maintained whose profession is bearing arms , whose commission is to kill and slay , as he has it in the second part ; but they must be dismist , as men for whom there is no more occasion against an enemy , and are dangerous to be kept up , least they find occasion against our selves . the advocates for the necessity of a standing army , seem to make light of all these fears and jealousies ; and plead the circumstances of the kingdom , with relation to our leagues and confederacys abroad , the strength of our neighbours , a pretender to the crown in being , the uncertainties of leagues , and the like , as arguments to prove an army necessary . i must own these are no arguments any longer than those circumstances continue , and therefore can amount to no more than to argue the necessity of an army for a time , which time none of them has ventured to assign , nor to say how , being once establish'd , we shall be sure to be rid of them , in case a new king shou'd succeed before the time be expir'd , who may not value our liberty at the rate his present majesty has done . i desire calmly to consider both these extreams , and if it be possible , to find out the safe medium which may please us all . if there be any person who has an ill design in pushing thus against the soldery . i am not to expect , that less than a disbanding the whole army will satisfie him ; but such who have no other end than preserving our liberties entire , and leaving them so to posterity , will be satisfied with what they know is sufficient to that end ; for he who is not content with what will fully answer the end he proposes , has some other end than that which he proposes . i make no reflections upon any party , but i propose to direct this discourse to the honest well meaning english ▪ freeholder , who has a share in the terra firma , and therefore is concern'd to preserve freedom to the inhabitant that loves his liberty better than his life , and won't sell it for money ; and this is the man who has the most reason to fear a standing army , for he has something to loose ; as he is most concern'd for the the safety of a ship , who has a cargo on her botom . this man is the hardest to be made believe that he cannot be safe without an army , because he finds he is not easie with one . to this man all the sad instances of the slavery of nations , by standing armies , stand as so many buoys to warn him of the rocks which other free nations have split upon ; and therefore 't is to this man we are to speak . and in order to state the case right , we are to distinguish first between england formerly , and england now ; between a standing army able to enslave the nation , and a certain body of forces enough to make us safe . england now is in sundry circumstances , different from england formerly , with respect to the manner of fighting , the circumstances of our neighbours , and of our selves ; and there are some reasons why a militia are not , and perhaps i might make it out cannot be made fit for the uses of the present wars . in the ancient times of england's power , we were for many years the invaders of our neighbours , and quite out of fear of invasions at home ; but before we arriv'd to that magnitude in the world , 't is to be observed we were hardly ever invaded , but we were conquer'd , william the conqueror was the last ; and if the spaniard did not do the same , 't was because god set the elements in battel array against them , and they were prevented bringing over the prince of parma's army ; which if they had done , 't would have gone very hard with us ; but we owe it wholly to providence . i believe it may be said , that from that time to this day , the kingdom has never been without some standing troops of souldiers entertain'd in pay , and always either kept at home or employ'd abroad ; and yet no evil consequence follow'd , nor do i meet with any votes of the parliament against them as grievances , or motions made to disband them , till the days of king charles the first . queen elizabeth , tho' she had no guard du corps , yet she had her guards du terres . she had even to her last hour several armies , i may call them , in pay among forreign states and princes , which upon any visible occasion were ready to be call'd home . king iames the first had the same in holland , in the service of gustavus adolphus king of sweden , and in the unfortunate service of the king of bohemia ; and that scotch regiment , known by the name of douglass's regiment , have been , ( they say ) a regiment two hundred and fifty years . king charles the first had the same in the several expeditions for the relief of rochel , and that fatal descent upon the isle of rhe , and in his expeditions into scotland ; and they would do well to reconcile their discourse to it self , who say in one place , if king charles had had five thousand men , the nation had never struct one stroak for their liberties ; and in another , that the parliament were like to have been petitioned out of doors by an army a hundred and fifty miles off , tho there was a scotch army at the heels of them : for to me it appears that king charles the first had an army then , and would have kept it , but that he had not the purse to pay them , of which more may be said hereafter . but england now stands in another posture , our peace at home seems secure , and i believe it is so ▪ but to maintain our peace abroad , 't is necessary to enter into leagues and confederacies : here is one neighbour grown too great for all the rest ; as they are single states or kingdoms , and therefore to mate him , several must joyn for mutual assistance , according to the scotch law of duelling , that if one can't beat you ten shall . these alliances are under certain stipulations and agreements , with what strength and in what places , to aid and assist one another ; and to perform these stipulations , something of force must be at hand if occasion require . that these confederacies are of absolute and indispensible necessity , to preserve the peace of a weaker against a stronger prince , past experience has taught us too plainly to need an argument . there is another constant maxim of the present state of the war ; and that is , carry the war into your enemies country , and always keep it out of your own . this is an article has been very much opposed 't is true ; and some , who knew no better , would talk much of the fruitless expence of a war abroad ; as if it was not worth while to defend your confederates country , to make it a barrier to your own . this is too weak an argument also to need any trouble about ; but this again makes it absolutely necessary to have always some troops ready to send to the assistance of those confederates if they are invaded . thus at the peace of nimeguen , six regiments were left in holland , to continue there in time of peace , to be ready in case of a rupture . to say , that instead of this we will raise them for their assistance when wanted , would be something , if this potent neighbour , were not the french king , whose velocity of motion the dutch well remember in . but then , say they , we may send our militia . first , the king can't command them to go ; and secondly , if he could , no body wou'd accept them ; and if they would go , and would be accepted of , they would be good for nothing : is we have no forces to assist a confederate , who will value our friendship , or assist us if we wanted it ? to say we are self-dependent , and shall never need the assistance of our neighbour , is to say what we are not sure of , and this is certain it is as needful to maintain the reputation of england in the esteem of our neighbours , as 't is to defend our coasts in case of an invasion ; for keep up the reputation of our power , and we shall never be invaded . if our defence from insurrections or invasions , were the only necessary part of a future war , i shou'd be the readier to grant the point , and to think our militia might be made useful ; but our business is principiis obsta , to beat the enemy before he comes to our own door . our business in case of a rupture , is to aid our confederate princes , that they may be able to stand between us and danger : our business is to preserve flanders , to garrison the frontier towns , and be in the field in conjunction with the confederate armies : this is the way to prevent invasions , and descents : and when they can tell us that our militia is proper for this work , then we will say something to it . i 'll suppose for once what i hope may never fall out , that a rupture of this peace shou'd happen , and the french , according to custom , break suddenly into flanders , and over-run it , and after that holland , what condition wou'd such a neighbourhood of such a prince , reduce us to ? if it be answer'd again , soldiers may be raised to assist them . i answer , as before , let those who say so , read the history of the french king's irruption into holland in the year . where he conquer'd sixty strong fortified towns in six weeks time : and tell me what it will be to the purpose to raise men , to fight an enemy after the conquest is made ? 't will not be amiss to observe here that the reputation and influence the english nation has had abroad among the princes of christendom , has been always more or less according as the power of the prince , to aid and assist , or to injure and offend , was esteem'd . thus queen rlizabeth carried her reputation abroad by the courage of her english souldiers and seamen ; and on the contrary , what a ridiculous figure did king iames , with his beati pacifici , make in all the courts of christendom ? how did the spaniard and the emperor banter and buffoon him ? how was his ambassador asham'd to treat for him , while count colocedo told count mansfield , that his new master ( meaning king iames ) knew neither how to make peace or war ? king charles the first far'd much in the same manner : and how was it altered in the case of oliver ? tho' his government did a tyrant resemble , he made england great , and her enemies tremble . dialogue of the houses . and what is it places the present king at the helm of the confederacies ? why do they commit ▪ their armies to his charge , and appoint the congress of their plenipotentiaries at his court ? why do distressed princes seek his mediation , as the dukes of holstien , savoy , and the like ? why did the emperor and the king of spain leave the whole management of the peace to him ? 't is all the reputation of his conduct and the english valour under him ; and 't is absolutely necessary to support this character which england now bears in the world , for the great advantages which may and will be made from it ; and this character can never live , nor these allyances be supported with no force at hand to perform the conditions . these are some reasons why a force is necessary , but the question is , what force ? for i grant , it does not follow from hence , that a great army must be kept on foot in time of peace , as the author of the second part of the argument says is pleaded for . since then no army , and a great army , are extreams equally dangerous , the one to our liberty at home , and the other to our reputation abroad , and the safety of our confederates ; it remains to inquire what medium is to be found out ; or in plain english , what army may , with safety to our liberties , be maintained in england , or what means may be found out to make such an army serviceable for the defence of us and our allies , and yet not dangerous to our constitution . that any army at all can be safe , the argument denies , but that cannot be made out ; a thousand men is an army as much as ; as the spanish armado is call'd , an armado , tho' they seldom fit out above four men of war ; and on this account i must crave leave to say , i do confute the assertion in the title of the argument , that a standing army is inconsistent with a free government , and i shall further do it by the authority of parliament . in the claim of right , presented to the present king ▪ and which he swore to observe , as the pacta conventa of the kingdom , it is declar'd , in hac verba , that the raising or keeping a standing army within the kingdom in time of peace , unless it be by consent of parliament , is against law. this plainly lays the whole stress of the thing , not against the thing it self , a standing army , nor against the season , in time of peace , but against the circumstance , consent of parliament ; and i think nothing is more rational than to conclude from thence , that a standing army in time of peace , with consent of parliament , is not against law , and i may go on , nor is not inconsistent with a free government , nor destructive of the english monarchy . there are two distinctions necessary therefore in the present debate , to bring the question to a narrow compass . first , i distinguish between a great army and a small army . and secondly , i distinguish between an army kept on foot without consent of parliament , and an army with consent of parliament . and whereas we are told , an army of soldiers is an army of masters , and the consent of parliament don't alter it , but they may turn them out of doors who rais'd them , as they did the long parliament . the first distinction answers that ; for if a great army may do it , a small army can't ; and then the second distinction regulates the first . for it cannot be supposed , but the parliament when they give that consent which can only make an army lawful , will not consent to a larger army then they can so master , as that the liberties or people of england , shall never be in danger from them . no man will say this cannot be , because the number may be supposed as small as you please ; but to avoid the sophistry of an argument , i 'll suppose the very troops which we see the parliament have not voted to be disbanded ; that is , those which were on foot before the year . no man will deny them to be a standing army , and yet sure no man will imagine any danger to our liberties from them . we are ask'd , if you establish an army , and a revenue to pay them , how shall we be sure they will not continue themselves ? but will any man ask that question of such an army as this ? can six thousand men tell the nation they won't disband , but will continue themselves , and then raise money to do it ? can they exact it by military execution ? if they can , our militia must be very despicable . the keeping such a remnant of an army does not hinder but the militia may be made as useful as you please ; and the more useful you make it , the less danger from this army : and however it may have been the business of our kings to make the militia as useless as they could , the present king never shew'd any tokens of such a design . nor is it more than will be needful , for men by themselves won't do , if the invasion we speak of should ever be attempted . what has been said of the appearance of the people on the purbeck fancied invasion , was very true ; but i must say , had it been a true one of forty thousand regular troops , all that appearance cou'd have done nothing , but have drove the country in order to starve them , and then have run away : i am apt enough to grant what has been said of the impracticableness of any invasion upon us , while we are masters at sea ; but i am sure the defence of england's peace , lies in making war in flanders . queen elizabeth found it so , her way to beat the spaniards , was by helping the dutch to do it . and she as much defended england in aiding prince maurice , to win the great battel of newport , as she did in defeating their invincible armado . oliver cromwel took the same course ; for he no sooner declared wat against spain , but he embark'd his army for flanders : the late king charles did the same against the french , when after the peace of nimeguen , six regiments of english and scots were always left in the service of the dutch , and the present war is a further testimony : for where has it been fought , not in england , god be thanked , but in flanders ? and what are the terms of the peace , but more frontier towns in flanders ? and what is the great barrier of this peace , but flanders ; the consequence of this may be guess'd by the answer king william gave when prince of orange , in the late treaty of nimeguen ; when , to make the terms the easier , 't was offered , that a satisfaction shou'd be made to him by the french , for his lands in luxemburgh ; to which the prince reply'd . he would part with all his lands in luxemburgh to get the spaniards one good frontier town in flanders . the reason is plain ; for every one of those towns , tho' they were immediately the spaniards , were really bulwarks to keep the french the further off from his own country ; and thus it is now : and how our militia can have any share in this part of the war , i cannot imagine . it seems strange to me to reconcile the arguments made use of to magnifie the serviceableness of the militia , and the arguments to enforce the dread of a standing army ; for they stand like two batteries one against another , where the shot from one dismounts the cannon of the other : if a small army may enslave us , our militia are good for nothing ; if good for nothing , they cannot defend us , and then an army is necessary : if they are good , and are able to defend us , then a small army can never hurt us , for what may defend us abroad , may defend us at home ; and i wonder this is not consider'd . and what is plainer in the world than that the parliament of england have all along agreed to this point . that a standing army in time of peace , with consent of parliament , is not against law. the establishment of the forces in the time of k. charles ii. was not as i remember ever objected against in parliament , at least we may say the parliament permitted them if they did not establish them : and the present parliament seems enclin'd to continue the army on the same foot , so far as may be suppos'd from their vote to disband all the forces raised since . to affirm then , that a standing army , ( without any of the former distinctions ) is inconsistent , &c. is to argue against the general sense of the nation , the permission of the parliament for years past , and the present apparent resolutions of the best composed house that perhaps ever entred within those walls . to this house the whole nation has left the case , to act as they see cause ; to them we have committed the charge of our liberties , nay the king himself has only told them his opinion , with the reasons for it , without leading them at all ; and the article of the claim of right is left in full force : for this consent of parliament is now left the whole and sole judge . whether an army or no army ; and if it votes an army , 't is left still the sole judge of the quantity , how many , or how few . here it remains to enquire the direct meaning of those words , vnless it be by consent of parliament ▪ and i humbly suppose they may , among other things , include these particulars . . that they be rais'd and continued not by a tacit , but explicite consent of parliament ; or , to speak directly , by an act of parliament . . that they be continued no longer than such explicite consent shall limit and appoint . if these two heads are granted in the word consent , i am bold to affirm ▪ such an army is not inconsistent with a free government , &c. i am as positively assur'd of the safety of our liberties under the conduct of king and parliament , while they concur , as i am of the salvation of believers by the passion of our saviour ; and i hardly think 't is fit for a private man to impose his positive rules on them for method , any more than 't is to limit the holy spirit , whose free agency is beyond his power : for the king , lords and commons , can never err while they agree ; nor is an army of or men either a scarcrow enough to enslave us , while under that union . if this be allow'd , then the question before us is , what may conduce to make the harmony between the king , lords and commons eteernal ? and so the debate about an army ceases . but to leave that question , since frailty attends the best of persons , and kings have their faux pas , as well as other men , we cannot expect the harmony to be immortal ; and therefore to provide for the worst , our parliaments have made their own consent the only clause that can make an army legitimate : but to say that an army directly as an army , without these distinctions , is destructive of the english monarchy , and inconsistent with a free government , &c. is to say then that the parliament can destroy the english monarchy , and can establish that which is inconsistent with a free government ; which is ridiculous . but then we are told , that the power of the sword was first placed in the lords er barons , and how they serv'd the king in his wars with themselves and their vassals , and that the king had no power to invade the priviledges of the barons , having no other forces than the vassals of his own demeasnes to follow him : and this form is applauded as an extraodinary constitution , because there is no other limitation of a monarchy of any signification than such as places the sword in the hand of the subject : and all such government where the prince has the power of the sword , tho' the people have the power of the purse , are no more monarchies but tyrannies : for not only that government is tyrannical which is tyrannically exercis'd , but all governments are tyrannical which have not in their constitution sufficient security against the arbitrary power of their prince ; that is , which have not the power of the sword to imploy against him if need be . thus we come to the argument : which is not how many troops may by allow'd , or how long ; but in short , no mercenary-troops at all can be maintain'd without destroying our constitution , and metamorphizing our government into a tyranny . i admire how the maintainer of this basis came to omit giving us an account of another part of history very needful to examine , in handing down the true notion of government in this nation , viz. of parliaments . to supply which , and to make way for what follows , i must take leave to tell the reader , that about the time , when this service by villenage and vassalage began to be resented by the people , and by peace and trade they grew rich , and the power of the barons being too great , frequent commotions , civil wars , and battels , were the consequence , nay sometimes without concerning the king in the quarrel : one nobleman would invade another , in which the weakest suffered most , and the poor man's blood was the price of all ; the people obtain'd priviledges of their own , and oblig'd the king and the barons to accept of an equilibrium ; this we call a parliament : and from this the due ballance , we have so much heard of is deduced . i need not lead my reader to the times and circumstances of this , but this due ballance is the foundation on which we now stand , and which the author of the argument so highly applaudes as the best in the world ; and i appeal to all men to judge if this ballance be not a much nobler constitution in all its points , than the old gothick model of government . in that the tyranny of the barons was intollerable , the misery and slavery of the common people insupportable , their blood and labour was at the absolute will of the lord , and often sacrifice to their private quarrels : they were as much at his beck as his pack of hounds were at the sound of his horne ; whether it was to march against a forreign enemy , or against their own natural prince ▪ so that this was but exchanging one tyrant for three hundred , for so many the barons of england were accounted at least . and this was the effect of the security vested in the people , against the arbitrary power of the king ; which was to say the barons took care to maintain their own tyranny , and to prevent the kings tyrahnizing over them . but 't is said , the barons growing poor by the luxury of the times , and the common people growing rich , they exchang'd their vassalage for leases , rents , fines , and the like . they did so , and thereby became entituled to the service of themselves ; and so overthrew the settlement , and from hence came a house of commons : and i hope england has reason to value the alteration . let them that think not reflect on the freedoms the commons enjoy in poland , where the gothick institution remains , and they will be satisfied . in this establishment of a parliament , the sword is indeed trusted in the hands of the king , and the purse in the hands of the people ; the people cannot make peace or war without the king , no● the king cannot raise or maintain an army without the people ; and this is the true ballance . but we are told , the power of the purse is not a sufficient security without the power of the sword : what! not against ten thousand men ? to answer this , 't is necessary to examine how far the power of the sword is in the hands of the people already , and next whether the matter of fact be true . i say the sword is in part in the hands of the people already , by the militia , who , as the argument says are the people themselves . and how are they ballanc'd ? 't is true , they are commissioned by the king , but they may refuse to meet twice , till the first pay is reimburst to the countrey : and where shall the king raise it without a parliament ? that very militia would prevent him . so that our law therein authorizing the militia to refuse the command of the king , tacitly puts the sword into the hands of the people . i come now to examine the matter of fact , that the purse is not an equivalent to the sword , which i deny to be true ; and here 't will be necessary to examine ▪ how often our kings of england have raised armies on their own heads , but have been forced to disband them for want of moneys , nay , have been forced to call a parliament to raise money to disband them . king charles the first is an instance of both these ; for his first army against the scots he was forced to dismiss for want of pay ; and then was forced to call a parliament to pay and dismiss the scots ; and tho' he had an army in the field at the pacification , and a church army too , yet he durst not attempt to raise money by them . i am therefore to affirm , that the power of the purse is an equivalent to the power of the sword ; and i believe i can make it appear , if i may be allowed to instance in those numerous armies which gaspar coligny , admiral of france , and henry the fourth king of navar , and william the first p. of orange brought of germany into france , and into the low countries , which all vanished , and could attempt nothing for want of a purse to maintain them : but to come nearer , what made the efforts of king charles all abortive , but want of the purse ? time was he had the sword in his hand , when the duke of buckingham went on those fruitless voyages to rochell , and himself afterwards to scotland , he had forces on foot , a great many more than five thousand , which the argument mentions , but he had not the purse , at last he attempted to take it without a parliament , and that ruin'd him . king charles the second found the power of the purse , so much out-ballanced the power of the sword , that he sat still , and let the parliament disband his army for him , almost whether he would or no. besides the power of the purse in england , differs from what the same thing is in other countries , because 't is so sacred a thing , that no king ever touch'd at it but he found his ruine in it . nay , 't is so odious to the nation , that whoever attempts it , must at the same time be able to make an entire conquest or nothing . if then neither the consent of parliament , nor the smalness of an army proposed , nor the power of the sword in the hands of the milia , which are the people themselves , nor the power of the purse , are not a sufficient ballance against the arbitrary power of the king , what shall we say ? are ten thousand men in arms , without money , without parliament authority , hem'd in with the whole militia of england , and dam'd by the laws ? are they of such force as to break our constitution ? i cannot see any reason for such a thought . the parliament of england is a body of whom we may say , that no weapon formed against them cou'd ever prosper ; and they know their own strength , and they know what force is needful , and what hurtful , and they will certainly maintain the first and disband the last . it may be said here , 't is not the fear of ten thousand men , 't is not the matter of an army , but 't is not the thing it self ; grant a revenue for life , and the next king will call it , my revenue , and so grant an army for this king , and the next will say , give me my army . to which i answer , that these things have been no oftner ask'd in parliament than deny'd ; and we have so many instances in our late times of the power of the purse , that it seems strange to me , that it should not be allowed to be a sufficient ballance . king charles the second , as i hinted before , was very loath to part with his army rais'd in . but he was forced to it for want of money to pay them ; he durst not try whether when money had raised an army , an army cou'd not raise money . 't is true , his revenues were large , but frugality was not his talent , and that ruin'd the design . king iames the second was a good husband , and that very husbandry had almost ruin'd the nation ; for his revenues being well managed , he maintain'd an army out of it . for 't is well known , the parliament never gave him a penny towards it ; but he never attempted to make his army raise any money ; if he had ; 't is probable his work had been sooner done than it was . but pray let us examine abroad , if the purse has not governed all the wars of europe . the spaniards were once the most powerful people in europe ; their infantry were in the days of the prince of parma , the most invincible troops in the world. the dutch , who were then his subjects , and on whom he had levied immense sums of money , had the th penny demanded of them , and the demand back'd by a great army of these very spaniards , which , among many other reasons caused them to revolt . the duke d'alva afterwards attempted for his master to raise this tax by his army , by which he lost the whole netherlands , who are now the richest people in the world ; and the spaniard is now become the meanest and most despicable people in europe , and that only because they are the poorest . the present war is another instance , which having lasted eight years , is at last brought to this conclusion ▪ that he who had the longest sword has yielded to them who had the longest purse . the late king charles the first , is another most lively instance of this matter , to what lamentable shifts did he drive himself ? and how many despicable steps did he take , rather than call a parliament , which he hated to think of . and yet , tho' he had an army on foot , he was forced to do it , or starve all his men ; had it been to be done , he wou'd have done it . 't is true , 't was said the earl of strofford propos'd a scheme , to bring over an army out of ireland , to force england to his terms ; but the experiment was thought too desperate to be attempted , and the very project ruin'd the projector ; such an ill fate attends every contrivance against the parliament of england . but i think i need go no further on that head : the power of raising money is wholly in the parliament , as a ballance to the power of raising men , which is in the king ; and all the reply i can meet with is , that this ballance signifies nothing , for an army can raise money , as well as money raise an army ; to which i answer , besides what has been said already ; i do not think it practicable in england : the greatest armies , in the hands of the greatest tyrants we ever had in england , never durst attempt it . we find several kings in england have attempted to raise money without a parliament , and have tryed all the means they could to bring it to pass ; and they need not go back to richard the second , to edward the second , to edward the fourth , to henry the eighth , or to charles the first , to remind the reader of what all men who know any thing of history are acquainted with : but not a king ever yet attempted to raise money , by military execution , or billetting soldiers upon the country . king iames the second had the greatest army and the best , as to discipline , that any king ever had ; and his desperate attempts on our liberties show'd his good will , yet he never came to that point . i won't deny , but that our kings have been willing to have armies at hand , to back them in their arbitrary proceedings , and the subjects may have been aw'd by them from a more early resentment ; but i must observe , that all the invasion of our rights , and all the arbitrary methods of our governors , has been under pretences of law. king charles the first levy'd ship-money as his due , and the proclamations for that purpose cite the pretended law , that in case of danger from a foreign enemy , ships shou'd be fitted out to defend us , and all men were bound to contribute to the charge ; coat and conduct money had the like pretences ; charters were subverted by quo warrantoes , and proceedings at law ; patriots were murther'd under formal prosecutions , and all was pretended to be done legally . i know but one instance in all our english story , where the souldery were employ'd as souldiers , in open defyance of law , to destroy the peoples liberties by a military absolute power , and that stands as an everlasting brand of infamy upon our militia ; and is an instance to prove , beyond the power of a reply , that even our militia , under a bad government , let them be our selves , and the people , and all those fine things never so much are under ill officers and ill management , as dangerous as any souldery whatever , will be as insolent , and do the drudgery of a tyrant as effectually . in the year when mr. dubois and mr. papillon , a member of the present parliament , were chosen sheriffs of london , and sir iohn moor , under pretence of the authority of the chair , pretended to nominate one sheriff himself , and leave the city to choose but one , and confirm the choice of the mayor , the citizens struggled for their right , and stood firm to their choice , and several adjournments were made to bring over the majority of the livery , but in vain : at length the day came when the sheriffs were to be sworn , and when the livery-men assembled at guild-hall to swear their sheriffs , they found the hall garrison'd with a company of trained-bands under lieutenant coll. quiney , a citizen himself , and most of the soldiers , citizens and inhabitants ; and by this force the ancient livery-men were shut out , and several of them thrown down , and insolently used , and the sheriffs thrust away from the hustings , and who the lord mayor pleased was sworn in an open defiance of the laws of the kingdom , and priviledges of the city . this was done by the militia to their everlasting glory , and i do not remember the like done by a standing army of mercenaries , in this age at least . nor is a military tyranny practicable in england , if we consider the power the laws have given to the civil magistrate , unless you at the same time imagine that army large enough to subdue the whole english nation at once , which if it can be effected by such an army as the parliament now seem enclined to permit , we are in a very mean condition . i know it may be objected here , that the forces which were on foot before . are not the army in debate , and that the design of the court was to have a much greater force . i do not know that , but this i know , that those forces were an army , and the design of all these oponents of an army is in so many words , against any army at all , small as well as great ; a tenet absolutely destructive of the present interest of england , and of the treaties and alliances made by his majesty with the princes and states of europe , who depend so much on his aid in guard of the present peace . the power of making peace or war is vested in the king : 't is part of his prerogative , but 't is implicitly in the people , because their negative as to payment , does really influence all those actions . now if when the king makes war , the subject shou'd refuse to assist him , the whole nation would be ruin'd : suppose in the leagues and confederacies his present majesty is engag'd in for the maintenance of the present peace , all the confederates are bound in case of a breach to assist one another with so many men , say ten thousand for the english quota , more or less , where shall they be found ? must they stay till they are rais'd ? to what purpose would it be then for any confederate to depend upon england for assistance ? it may be said indeed , if you are so engag'd by leagues or treaties , you may hire foreign troops to assist till you can raise them . this answer leads to several things which would take up too much room here . foreign troops require two things to procure them ; time to negotiate for them , which may not be to be spar'd , for they may be almost as soon rais'd ; time for their march from germany , for there are none nearer to be hir'd , and money to hire them , which must be had by parliament , or the king must have it ready : if by parliament , that is a longer way still ; if without , that opens a worse gate to slavery than t'other : for if a king have money , he can raise men or hire men when he will ; and you are in as much danger then , and more than you can be in now from a standing army : so that since giving money is the same thing as giving men , as it appear'd in the late k. iames's reign , both must be prevented , or both may be allow'd . but the parliament we see needs no instructions in this matter , and therefore are providing to reduce the forces to the same quota they were in before . by which means all the fear of invading our liberties will be at an end , the army being so very small that 't is impossible , and yet the king will have always a force at hand to assist his neighbours , or defend himself till more can be raised . the forces before . were an army , and if they were an army by consent of parliament , they were a legal army ; and if they were legal , then they were not inconsistent with a free government , &c. for nothing can be inconsistent with a free government , which is done according to the laws of that government : and if a standing army has been in england legally , then i have proved , that a standing army is not inconsistent with a free government , &c. finis . advertisement . lately published . some reflections on a pamphlet lately published , entituled , an argument shewing that a standing army is inconsistent with a free government , and absolutely destructive to the constitution of the english monarchy . d . edit . printed for , and sold by e. whitlock near stationers-hall . . minors no senators. or a briefe discourse, proving, that infants under the age of . yeares, are uncapable, in point of law, of being members of parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole parliament and kingdome, in sundry respects. / written by a common-lawyer (a true lover of his country, and honourer of the parliament) to a friend and client of his, for his private satisfaction, and published for the common-good. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) minors no senators. or a briefe discourse, proving, that infants under the age of . yeares, are uncapable, in point of law, of being members of parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole parliament and kingdome, in sundry respects. / written by a common-lawyer (a true lover of his country, and honourer of the parliament) to a friend and client of his, for his private satisfaction, and published for the common-good. prynne, william, - . p. [s.n.], printed at london : anno . singed at end: w.p., i.e. william prynne. annotation on thomason copy: "aprill th". reproduction of the original in the british library. eng england and wales. -- parliament -- rules and practices -- early works to . election law -- england -- early works to . minors -- england -- early works to . a r (thomason e _ ). civilwar no minors no senators. or a briefe discourse, proving, that infants under the age of . yeares, are uncapable, in point of law, of being membe prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion minors no senators . or a briefe discourse , proving , that infants under the age of . yeares ▪ are uncapable , in point of law , of being members of parliament , and that the elections of any such are meere nullities ; yea , injurious , prejuditiall , dishonourable to the whole parliament and kingdome , in sundry respects . written by a common-lawyer ( a true lover of his country , and honourer of the parliament ) to a friend and client of his , for his private satisfaction , and published for the common-good . job . , . with the ancient is wisdom , and in length of days is understanding : with him is wisdome and strength , he hath councell and understanding . galath. . , . now i say the heire as long as hee is a child differeth nothing from a servant , though he be lord of all , but is under tutors and governours , untill the time appointed of the father . isay . . , , . for behold the lord of hosts doth take away from jerusalem the stay and the staffe , the prudent man , and the ancient ; the honourable man , and the councellor , and the eloquent orator . and i will give children to be their princes , and babes shall rule over them . and the people shall be oppressed every one by another , &c. cor. . . vvhen i was a child , i spake as a child , i understood as a child , i thought ( or reasoned ) as a child : but when i became a man , i put away childish things . chrysostom , hom. . in cor. cap. . non ferunt pueri ut de ulla re utili curam gerant ; sape autem cum nos loquamur de rebus necessarijs , eorum quae dicuntur , nihil sentiunt . printed at london , anno . minors , no senators , or a briefe discourse against the election , admission , and permission of any infants under the age of . yeares , to be members of parliament . sir ; whereas you have requested me to deliver my opinion in point of law concerning this question now in controversie . whether an infant under the age of one and twenty ye●●es be capable of being a member of parliament ? and whether his election be not meerly voyd in law ? i conceive the finall resolution of this quere , belongs only to the houses of parliament , a the proper iudges of their own respective priviledges , members , and of the legallity or nullity of their election● ; yet notwithstanding since every lawyer , may without breach of priviledge of either house , declare , what hee believes the law to bee in any disputable point that concernes elections or members ; the committee of priviledges in all parliaments , admitting lawyers ( some of the most necessary , usefull , active , able members in a parliament , whatsoever some * ignoramusses have lately scribled , to the contrary , as experience manifests ) to debate all questions concerning elections of members before them , by the rules of law and right reason , and that committee , with the whole house of commons alwayes voting elections good or bad by these very rules , i have adventured without any scruple freely and impartially to deliver my judgement touching the propounded quere , with all humble submission to the parliament , ( the proper judge thereof ) and the opinions of more able lawyers then my selfe . for mine own opinion in this point , i am really perswaded , that infants under the age of twenty one yeares ( which the b law resolves to be their full age , when they come to full discretion ) are altogether uncapable of being members of the commons house , and that the elections of such members are meere nullities in law . the reasons swaying mee to this opinion are various , weighty , and i thinke unanswerable , i shall reduce them to these foure heads . . reasons extracted out of the very bowells of the writ it selfe for the electing of knights , citizens , and burgesses . . reasons taken from the very nature of the high court of parliament , both as it is the highest court of justice , and greatest councell of the realme ; and from the importance of the publike affaires therein transacted . . reasons from the inconveniencies that may arise from admitting infants competent members of this supreame court and councell . . reasons from presidents of forraign senates , parliaments , councels appliable to our owne great councell , and one expresse printed authority . first , the writ it selfe for electing knights and burgesses ( which is very ancient approved by all par●iaments , and c unalterable but by parliament , furnisheth me with three arguments against the election of infants , and their incapability of being members of parliament . the first of them is couched in this clause , comprizing the subject matter for which parliaments are summoned to treat and consult about ; to wit d de quibusdam arduis & urgentibus negotijs statum & defensionem regni ang●●a & ecclesiae anglicanae concernentibus . and infants certainly are uncapab●e ( for want of judgment experience wisdome , learning ) to debate , and determine such arduous , urgent , grand affaires , concerning the safety , the defence both of the rea●me and church of england , since in judgment of law , they are uncapable to mannage their owne private estates , as i shall more ful●y prove herea●ter : therefore not capable to be elected members of this supreamest councell of the realme . the d . is more transparent , and positively expressed in these ensuing words of the writ , which thus describe the quality of the persons to be elected . e elogi facias duos milites gladijs ●inctos , magis idoneos et discretos , & de qualibet civitate com. praedict. duos cives , & de quolibet burgo duos burgenses de discretioribus et magis sveficientibus eleg● facias . in relation to which clause of the writ the sheriffes , and majors use to make this forme of returne ; virtute ●stius brevis feci cleg● duos milites , magis idoneos et discretos , &c f●ci etiam praeceptum virtute hu●us brevis quod de eodem burg● elegi facerent duos burgenses de discretjor bus et magis svffienti●vs , &c. now i would demand of any rationall man , elector , or member of parliament , whether he believes in his conscience , that in the judgement of common reason , law , the compilers or issuers of this writ for elections , infants , who hav● f not arrived at the yeares of full , of ordinary discretion , and are so indiscreet in judgement of law , that they are uncapable to manage or dispose of their owne private estates , and therefore are in ward to others , can possibly be deemed . the most fit and discreet men to be e●ected knights in any county , or the more discreet and svfficient persons ; that can be culled out to serve as citizens , and burgesses for any city or burrough ? certainly they are so far from being the most discreet persons that the g law [ and gospel to ] resolves , they are within the years of perfect discretion , the most indiscreet of all others , not able to dispose of their own private estates : yea so far from being the most sit persons to be judges , or councellors in this supreame court , that they can neither be stewards , judges , attorneys , nor officers in any court of law or justice ; so far from being the most sufficient men [ to wit for wisdome , skill experience , judgement the sufficiency here intended , that they are the most insufficient of any , nnlesse all the whole county , city , or borough which elected them be fooles , children , or more indiscreet then those very infants they chuse to serve in parliament , as most discreet and sufficient persons . there is yet a third clause in the writ , discribing , what persons must be elected knights , citizens , and burgesses of parliament , even such only , qui plaenam & sufficientem potestatem pro se et commvnitate civitatum & burgorum pradict : ad faciedvm et conse●t i●ndvm his , quae tunc ibidem de communi consilio dicti regni nostri super negotijs ante dictis contigerint , ordinari . ita quod pro defecta potestatis hujusmodi , seu propter improvidam electionem civium ac burgensium pradictorum , dicta n●gocia infecta non remaneant quovismodo , now are wards or infants under the age of . years , such persons as these ? have they , or can they have any full and sufficient power for themselves or for the communaltie of the counties citties or burroughs for which they serve , to do and consent to those things concerning the arduous and weighty affaires of the church and state of england which shall be ordained by common consent in parliament ? doubtles not ▪ our common law resolves , h that infants have no full power to do or consent to any thing for themselves . if they levy a fine , acknowledge a statute , or recognisance , which are matters of record , they may avoyd them by a writ of i error , or an audita quarla by the common-law , during their minorities . their feofments , gra●ts , releases are all either void or voidable , as will at their full age as before , and that not only by themselves but their heirs to , by entrie , or a writ of k dum fuit infra aetatem : yea , their assents are meerly void in law , not binding themselves , as our law-books resolve . vpon which very reason m. . e. . assise : . it was resolved , that if one enter upon the freehold of an infant with his assent , this is a disseisin , because an infant cannot consent to an entry . and if he cannot consent fully for himselfe , much lesse for others being unable to be an l attorney or proxy to assent for others in any court of iustice , much more then in a parliament the supreamest court . therefore for defect of such a power , and by reason of such an improvident , election of infant-citizens and burgesses , the affaires of the realme must needs remain altogether , or in a great measure unfinisht , contrary to the purport of the writ of election ; and so in all these respects , such infants elections must needs be meerly void in law . my second sort of reasons shall be drawn from the nature of the high court of parliament it selfe , as it is the supremest court of iustice , the greatest councell of the kingdom , and from the consideration of the great publike affaires therein debated , transacted , resolved , settled . first the high court of parliament is the m most absolute and supreame court of justice in the realme , wherein the judgements proceedings of all other courts , civill ecclesiasticall or marine are examined finally determined , confirmed or revoked , without any further appeale : if then an infant be uncapable of being a judge either of matters of fact or law , in any iuferiour court of justice , much more then in this supreame soveraigne court which control's all others . master lit●leton in his chapter of parceners , sect. . and sir edward cooke in his institutes on it ▪ f. . . . resolve . that an infant before the age of . cannot be a n bayliffe nor receiver ( for want of skill and ability in intendment of law to make any improvement or profit of lands or goods ) nor yet sworne at all in any inquest as a juror ; the reason is , because , o jurors are judges of all matters of f●ct , which infants have no competent knowledge , experience or judgement in eye of law to determin or judge a right of any matters comming juditially before them , & therefore are not such legales homines , as the venire requires m. . & . eliz. b. rs. in a case betweene scambler , and walkers , reported in sir edward cookes institutes on littleton , fol. . b. it was resolved , that an infant is altogether uncapable of a stewardship of a manner , in possession or reversion , or of any office which concerns the administration or execution of iustice or the kings revenew , or the common wealth , or the interest , benefit or safety of the subject : because the law intends hee wants both skill and judgement juditially to mannage either of them . if then an infant be utterly uncapable of being a judge , officer , or executioner of justice in a court baron , leet , or in any the most inferiour courts , or of being a justice of peace , major , bayliffe , sheriffe , auditor p or but an ordinary attorney , and the like , where the meanest businesses between man and man are transacted ; much more is he uncapable of being a judge , in parliament , the suprem●st court of justice , where the most difficult businesses , the most weightie publike causes are q finally examined , debated , iudged without any further appeale , the very judgments of the greatest , learnedest judges , re-examined , and oft-times reversed ; the very lives , liberties estates of all the subjects , yea the prerogatives , rights , revenues of the crowne it selfe judicially determined , to the kingdomes weale or woe . upon this very ground , in the house of peeres , the king is not bound of right to send forth his writ of summons to any peere , that is under age , neither doth he use to summon such to sit as iudges in that house , though peere , by birth : but when any peere is of all age , then he ought to have a writ of summons ex debito justitiae , ( not before ) as sir edward cook informes us in his . institutes fol. . and . nay , if the king himselfe be an infant , [ as king henry the d. rich. the d hen. . hen. . edward . & . and some others of our kings were ] the r parliament hath in such cases , usually created a l. protector over him , in nature of a guardian , to supply his place in parliament , to give his royall assent to bills ; and execute that royall authority which himselfe by reason of his infancy is unable to discharge ; that of ſ liuy concerning ierom the infant k. of syra●use , who had his protectors ▪ being true , nomen regium penes puerum regem , regimen rerum omnium penes tutores . if then our peeres themselves during their minorities are thus uncapable of being judges in the house of peeres , where they represent their own persons only , and our kings too , in some respects , then much more are other infants uncapable of being members of the house of commons , where they t represent whole counties , cities , burroughs , yea the commons of all england , and vote and judge in their behalfe . secondly , as the parliament is the supreame court , so the u greatest councell of the kingdome . hence it is usually stiled in our ancient writers , ( especially before the conquest ) x concilium sapientum , ore sapientum populi ▪ concilium senatorum , seniorum natu majorum aldermannorum ; &c. and are infants such ? the members of it representing the house of commons , are commonly called , sapientes , sapientissimi viri , senatores , seniores populi , ●rudentissimi viri , authoritate & scientia pollentes : conspic●i clarique viri ; and are infants such ? or can they be stiled such ? if not , then certainly they are no fit members of such a councell , neither were they so reputed informer ages ; why then should they be deemed fit members now ? when greater , weightier businesses of all sorts concerning church and state are imagitation , then in any former age whatsoever , or all our parliaments put together ? nay , why should they bee deemed meete members to sit and vote in this greatest councell of the realme at this time , who are not thought fit persons to bee admitted in any our most inferiour councells [ authorized either by law or custom , ] at any time ? who ever heard or saw an infant elected a common-councell man in any of our cities , corporations , fraternities , guiles ; much lesse a major , alderman , master , or warden , in any of them ? did ever any of our kings make choice of infants for their priv●e councellours of state ? for their councell of warre , law , physicke ? or were ever any such elected to be members of any convocation , synod , councell ? our x present laws , and ancient canons prescribe , that no man shall bee made a minister before the age of . yeares ; much lesse then can bee a member of any synod or convocation , before that age : and shall infants then bee capable of being members of the supream councell of parliament before the age of ● . wherein all acts , canons made in synods , or convocations must be [ x ] ratified before they becom obligatory ? certainly this would be a great solecisme , disparity , absurdity . every senater and member of the greatest councell of the realme ( as z polititians , and others resolve ] ought to be endued with these severall qualifications to discharge that place , which infants commonly want . . with deepe solid wisdome , and gravity . . sound judgement . . grand experience . . impartiall justice . . inflexible undaunted courage and resolution , not to be overcome with flattery or threats . . a prudent foresight to prevent all gro●ing mischiefes . . a competent measure of learning and skill , especially in the lawes , constitutions , and histories of his owne and other states , and in state affaires ; now what infant is there to bee found endowed with all these qualities in such an eminent manner as to make him a fitting member for so great so publike a councell as the parliament , to which none are to bee admitted , but such who are qualified in some good measure for it . thirdly , the matters to be debated and transacted in parliament will easily resolve , that they are too ●igh , weightie , difficult for infants to debate , order , as determine aright : as namely ▪ a first , all matters touching the king , his prerogative , crown , revenewes . secondly , all matters concerning the state of the kingdomes of england , and ireland , as well in times of warre as peace . thirdly , all affaires which concerne the defence of the kingdom by sea or land . fourthly , the preservation , reformation of the church government , disciplin of the church of engl. and true religion established therein . fifthly , the enacting of , new laws , with the amendment , or repeale of old ones . sixthly , all matters concerning the courts , officers , and administration of justice . seventhly , all things concerning trade , commerce , the severall arts and professions of all sorts of men . eighthly , crimes , grievances ▪ oppressions of all sorts . ninthly , the liberties , properties , estates , lives , limbes , of all the people . tenthly , the priviledges of this high court , and of the members therof ; alas what infant , ( yea what ancient experienced states man almost ) is sufficient for all these things of moment ? yea , if we look only upon the great arduous ecclesiasticall , civill , millitary affaires , wherein this parliament hath spent above five yeares deliberation and debate , we shall finde them so intricate , difficult , ponderous , dangerous , arduous and transcendent , as i am confident all that know them will conclude , they transcend the capacity of any infants to understand , much more to debate , determine resolve , settle in a ●ight and stable way for our churches , kingdoms future preservation . and shall we make or suffer infants to be members of this greatest councell of the realme to settle , determine such difficult weighty things as these , which their capacities , skill , abilities are unable to comprehend much lesse to resolve , regulate , settle ? verily if we should do this , i feare the whole kingdome and christian world would censure and condemne us ( as children ) for it . finally our b parliaments themselves have in all ages provided and taken speciall care of infants educations , persons , estates enjoyning their gardians , & others , to take the care and custody of them during their minority , and exempting them out of sundry acts in cases of lackes , nonclaime , fines , as persons uncapable to dispose of themselves or their estates yea void of competent wisdome and discretion to manage their owne privat● affaires : a direct parliamentary judgment and resolution in all ages , that they are much more uncapable to order , settle , manage the greatest affaires of the church , state , in the supreamest court and councell of the realme . ly . the reasons drawne from the inconveniencies and mischiefs of admitting infants to be members , are many . first , it is of one of the saddest judgments god threatens to his people that he will give them children to be their princes and babes to rule over them isa . . eccles. . . and then what followes . the people shall be oppressed every one by another and every one by his neighbour ; the child shal behave himselfe proudly against the ancient , and the base against the honourable ; children are their oppressors , and women rule over them , o my people those that load thee cause the to erre , and destroy the way of thy paths . isay . . . therefore it must needs be mischeivous and an heavy judgment to have children and babes in law , members of our parliaments , which should be a councell of the sagest , discreetest senators , and elders of our realme . ly . it is of very dangerous consequence for infants to be admitted members , especially in these times of greatest consultation , action , danger , and reformation . for first , if any one infant may de jure be a member of parliament then by consequence a second , third , & so in infinitum , till the house be filled with such for surety , if one infant be capable of being a member , then another as well as hee : and if an infant of twenty yeares , then of ten , twelve or lesse by like reason since if you once break the rules of law you can set no bounds ▪ to any number , or age of infants , and so by consequence , instead of having concilium sapientum , senatus seniorum , &c. as parliaments were ancient●y stiled ; we shall have parliamentum puororum , senatus infantum , a parliament of children , a senat of babes , if all cities , burgesses , were so childish so foolish , and injurious to the publike in their elections of such , as som [ through the importunity of friends ] have bin . now how dangerous this may prove to the kingdom , let all wise men judge , by the example of king c rehoboams young counsellors , who discontented his people and lost his kingdom . ly . admit the commons house should determine , how many infants they would allow to be members , ( perhaps not above five or six to prevent this inconvenience ) yet the mischiefe and danger of admitting so few may prove very great , not only in regard of the illnesse of the president in these signall times of reformation , but of the probable dangerous consequences of it . it was a prudent speech of a blunt burgesle when he was solicited to give his voyce for a young novice ; this is no parliament to enter whelps in , therefore we must think of som graver person . verily there are so many weighty & difficult debates almost every day in the house of matters of highest concernment , wherein the house is oft divided in their votes , that two or three infants misguided voyces , for want of judgment to vote a right , may infinitly prejudice , endanger our three whole churches , kingdomes in a moment , especially , if the wheele of fortune should turne against the parliament by any treachery , or disaster . therefore it is very perilous to admit any infants to sit as members , in such a dangerous over-reaching age as this . ly . it is inevitably perillous , and mischeivous ( as d bodin truly informat us ) upon this consideration . that the councell of young men [ especially of infants ] though never so wise , vertuous and discreet , will never be so readily entertained , nor their commands , advices , ordinances , laws , so chearefully submitted to by the people , young or old , as the councells , edicts , votes of grave , wise and ancient men , but be either slighted , vilified or disobeyed : for those ( writes he ) of equall age , will think themselves altogether as wise at they , and those who are ancienter will deeme themselves much wiser then such young councellors of state , and thereupon scorne , contemne , deride their votes , ordinances , resolutions , ( especially when any new lawes or formes of government are to be introduced by them , and the old laid quite aside , as now : ) and in matters of state ( if in any thing in the world ) opinion hath no lesse , and oftentimes more force then the truth it selfe ; neither is there any thing in a commonweale more dangerous , then for subjects to have an ill opinion of their councellers , governours law-makers ; for then how shall they obey them ? and if they obey them not , what issue is to be expected ? surely disobedience , sedition , rebellion , ruine , it behoves therefore our present parliament , if they would prevent this dangerous mischiefe , to expell all infant ( as well as malignant ) members , which may draw a very great disparagment , contempt , or disesteem upon their councels , votes , ordinances , laws , not only in the opinions of royalists and malignants , but of grave , wise well affected persons of eminency and ability , who perchance will tacitly deem it no small disparagement , if not injury and folly for them , to submit their lives , liberties , estates , lawes , and consciences in some measure , to the votes , resolutions , and commands of infants under age , though backed with the most mature suffrages , advices , of many aged , wise and eminent members of greatest integrity and sufficiency . it is a memorable observation of solomon eccles. . . dead flies cause the oyntment of the apothecary to send forth a stinking savour : so doth a little folly him that it in reputation for wisdome and honour . and no man knowes what an evill savour o● contempt , disobedience , disrespect , the apprehention of a little folly in some infant members may draw upon the whole parliament , [ their ordinances and proceedings , ] though otherwise in great reputation for wisdome and honour . e cicero defined the roman sonate to bee , the oracle of the whole city . and ●liny resolves ; f it is a wicked act to goe against the authority of the senate . it therefore behooves all freeholders , citizens and burgesses of the realme to take speciall care , that they elect not , and the honourable houses that they admit not any unfit members , whose illegall presence or votes therein may derogate in the peoples opinions from their incomparable wisdome , or irresistable authority . fifthly , it is mischievous in this , that as it opens the mouthes of royalists , papists , malignants , sectaries , and the prelaticall party to revile , calumniate , censure , vilifie , not only the new recruits , votes , ordinances , proceedings of the commons house for the present , so if they should get power enough hereafter ( which god forbid ) it may give them occasion to undoe , unvote , repeale , yea nullifie all their acts , ordinances , proceedings for the future ; because some infants [ uncapable by law of being members , or of consenting for themselves or others ) had a vote and concurrence in their passing , whose acts , votes , consents , are either voyd , or voydable by law . certainly when i read the printed act of . h. . cap. . which repeales and makes void the parliament held at coventry the yeare before , and all acts , statutes , and ordinances therein made , upon this very ground among other , that a great part of the knights citizens and burgesses appearing in it , were unduly elected against the course of the kings lawes , and the liberties of the commons of this realme , by the meanes and labours of some seditions persons : and when i consider , that our unconstant persidious king henry the d. nulled and avoyded for a time g the great charter of the forrest ( though confirmed in parliament ) upon this pretext , that he was a minor under the age of . when he first granted it and in ward , &c. and when i revolve the statutes of . h. . c. . & . edw. . c. . which authorized the heires of the crowne to king henry the . and king edw. the . even out of parliament to repeale all acts and statutes made and assented to by them in parliament before their age of . years , after they came to the age of . years : and when i consider upon what other h slight pretences some former parliaments and their acts have bin totally nulled : it makes me tremble and feare , what future ages may attempt against the proceedings of our present parliament [ if the malignant royall party should grow potent ] upon the like pretences , [ especially of undue elections of infants , and others now complained of , ] unlesse the parliament take timely care to redresse them , and severely prohibit , censure all undue underhand practises in new elections , of which we have so many sad complaints in diverse parts . the prevention therefore of this grand future mischiefe , will undoubtedly move them to apply a present remedy to it , for feare of after-claps . fifthly , by the ancient law and custome of parliament , as our i law 〈◊〉 resolve and the statute of . r. . cap. . enacts ; every member of parliament who absents himselfe , or departs from it , without just ex●●●e and license , shall be amerced , and otherwise punished ( by imprisonment and the like ) as oft time hath bin used . but k our law-books all resolve , that an infant cannot be fined , amerced , or imprisoned for any laches , default , absence or negligence , because he is not of full discretion : therefore he cannot be a member of parliament by the expresse resolution of these authorities and this statute ; even for this very mischiefe , because he cannot bee amerced imprisoned or punished , as other members are and ought to be , in case of absence , or undue departure from the parliament . sixthly , admit the forementioned mischiefes should all prove but contingent , and future , yet this one present mischiefe happens by infants elections , that they keep out abler members , and deprive the parliament , kingdome of the assistance , councell , abilities of more discreete , wise , active , experienced . venerable persons then themselves , who by reason of their infancy , and want of experience , are no ways serviceable , active in the house or in committees , where they commonly sit as ciphers , to keep out figures , and men of greater parts and eminency . i have ought times admired at the sotishnesse of people in resigning up their lives , liberties , estates , laws , religion , all , into the hand● of such novices and unconfiding members whom they elect to represent and vote for them in parliament , as themselves would disdain to advise with , or make use of in any other imployment . no man is so foolish as to make choice of a young raw unexperienced unskilfull practitioner to be his pilot , physitian , lawyer , advocate , commander , especially if the voyage , disease , case service , bee dangerous or difficult ; but will resort to the skilfulest pilots , physitians , lawyers , advocates , souldiers , in such cases . and should they not much more do thus in their choyce of members of parliament , especially in these dangerous and tempestuous times , when the ship of our church , state are extreamely indangered by stormes and rockes ; the whole body of our three kingdomes , churches desperately diseased , wounded , lacerated , their case very dubious if not desperate ; and their service so hot , so difficult , that it requires the conduct of the most experienced commanders to bring them off with safety ? certainly if they doe it not , the election of some few unable members and preterition of others of greater abilities in this juncture of time of affaires of highest concernment , may ruin us and our posterities for ever . the consideration therefore of these recited mischiefes should , and will no doubt enduce the parliament , to remove all such infants and illegall members , ( as well as malignants and monopolists ) out of the commons house , or prelates and popish peeres , out of the house of lords . seventhy , it is mischievous even in this regard , that it is an extraordinary dishonour to our whole parliament and nation , to suffer infants to sit as judges , councellors in the supreamest judicature and councell of our three kingdoms , which gives lawes to england , ireland , all the kings dominions except scotland on which it hath a great influence to , by reason of the mutuall brotherly league betweene both nations , ] especially in such a time of reformation , consultation , circumspection , and action as this is . what think you will foraign nations report of our parliament , our nation , if they shall heare of infants , wards , minors sitting yea voting as members as judges among our knights , citizens , burgesses now the greatest matters ever debated in any parliament are in agitation ? will they not say , our kingdome is either voyd of wise experienced senators , that we elect such novices ; or that all our wise ancient men , or our electors are turned children . naturalls in making such a choyce , and our parliament very neglectfull of their owne honour in petmitting such associats to sit among them , in case the kingdome can afford them others of more antiquity ability , and experience ? to prevent therefore this dishonour abroad , and the scoffs of royalists and malignants at home ( who jeare us with these childish infant members , as well as with our independent women-preachers ) i make no doubt but the house of commons will unanimously resolve , their elections void in law , and their electors worthy publike censure , for putting such a dishonour both on our parliament and nation , and enjoyne them hereafter to make better choyces , under paine of forfeiting their right of election . ly . for presidents in forraigne states , i could produce many ; i shall instance only in some few of chiefest note , which will beare most sway , and in one domestike printed authority . first , i shall begin with scripture presidents ; the best of any . we read , that when god would have moses to make choice of a parliament , or senate to assist him in the government , he gave him this direction concerning the quality of the persons to be elected to that publike senate . num. . and the lord said unto moses gather unto me seventy men of the elders of israell , whom thou knowest to be the elders of the people , and officers over them , &c. and they shall beare the burthen of the people with thee , that thou beare it not alone , which he accordingly performed . v. . . whence they are stiled , the seventie elders of the people , both in respect of their age and dignity . hence the great councell senate , & sanhadrim of the jews resembling our parliament is stiled : the assembly of the elders : ps. . . the elders of israel l both in the old and new testament : and oft times the ancients of the people , as isay . . . jer. . . in respect of their age and gravity ; none being admitted into their senate , parliament , or councell of state , but ancient men . hence we finde isay . . . . . . . the prudent the ancient man , and the covncellor , coupled together , and that in opposition to children and babes , whose ruling over the people is threatned by god , as the s●arest judgment of any . hence is that expression of the prophet , eze. . . covncell shall perish from t●e ancient ▪ because none but such were councellors in the jewish state : with that of david , psal. . . i understand more then the ancients ; and that of iob. ●c . . . with the ancient is wisdome , and in length of dayes , understanding : hereupon solomons and rehoboams councellors of state , with whom he first advised , what answer to returne unto the people when they came to make him king , are expresly termed m old men ; who gave him very savory councell , had he followed it ; which he forsaking and following the councell of his young courtiers , lost both his peoples affections , and his kingdome too , over ten of the tribes , who set up another king . if then you will follow scripture presidents , no infants under age , or children , but elders , ancients of the people , for yeares , wisdome and experience , ought to be members of our supreame councell especially in such a time as this . the . president i shall instance in , is the roman senate , who admitted none into their senate , as members of it , but those who were . yeares old at least , as the n marginall authors testifie ; their senators being ●tate graves , spectataeque probita is . the d president is the o laced●monian senate , which consisted of . ancient men , into which none were admitted unlesse they were above sixtie yeares old . the th . the p bythinians , who admitted no man into their senate unlesse he were thirty yeares old at least . the th . the q athenians ▪ who permitted none , but those who were fiftie yeares old , to consult of that which should be good & profitable to the commonweal● . the th . is that of solon , who forbad any young man to be admitted into the senate , seemed he never so wise ; lycurgus before him having composed the senate of the elder sort . in few words , ſ iohn bodin informes us , that the greeks and latines composed their senate of seniors , or aged men , as being the wisermen , and men of greatest experience . and that not only the greeks and latines have given this prerogative unto the aged , to give councell unto the common weale , but also the aegyptians , persians , and hebrewes , who taught other people well and wisely to govern their estates ; for that by presumption the elders are wiser , of better understanding , of more experience , and fitter to give councell then the younger sort . neither do i finde that ever any forraigne kingdome , state admitted infant members into their senate , parliament , councell , they deeming it altogether injurious and absurd . therefore there is no reason why our parliament and great senat should admit of any such infant members among them . i shall conclude with the opinion and resolution of reverend and learned sir edward cook ( the oldest and best experienced parliament man in this age ) who in his . institutes printed by authority of parliament : ch. . f. . . under this title ; who be eligable to be a knight , citizen or burgesse of parliament ? resolves thus , one under the age of . years is not eligible , neither can any lord of parliament sit there untill he be of the full age of . years . a punctual resolution in direct termes . having thus given you a briefe account of the reasons of mine opinion concerning the question propounded , i shall in the next place returne a short answer to some objections ; and so conclude . the . objection is this : that the election of knights , citizens , burgesses , and members of parliament belongs to the freeholders , citizens , burgesses and freemen who elect them ; if they therefore shall make choice of any infants as the fittest or ablest persons to serve for them in parliament , their election must stand good , otherwise they shall be deprived of the liberty and priviledge of a free election . to this i answer , . that no freeholders , citizens or burgesses , have any absolute power to elect what members they please , but only such as are most fit able discreet , and such as the laws and statutes of the realme approve . they t cannot elect a sheriffe a minister , a man beyond the seas , a iudge or attendant in the lords house , to be knight of any county , because it is contrary to law , expresse statuts and the vvrit it selfe : and if they make choice of any such , the house may adjudge the election void , and put them to a better election of sitting members . they cannot elect these or peere of the realme , an idiot , a non compos , alien , woman , &c. to be a citizen or burgesse of parliament : and if they do so the election is void , because the persons are uncapable . therefore by the selfesame reason they cannot elect an infant . where a person is uncapable by law , the electors cannot make him capable of being a member . ly . the house of commons , not the electors , are the sole judges of the fitnes , the capability of the persons elected and if any counties , cities , burroughs be so indiscreet and injurious to the kingdome as to elect unworthy members , contrary to the writ and their duty , the house may justly cast them out againe , notwithstanding the election , which concludes them not . this the presidents of former parliaments in expeling unworthy & unsitting members , together with the practise of this sitting parliament in ejecting all monopolists , projectors at the first , and all malignant members since , who deserted , or betrayed their trust , abundantly manifests . therefore by the selfesame reason , they may and ought to expell infants the house , as unfitting and illegall members , as well as projectors , monopolists and malignants as unworthy ones . ly i dare confideutly affirme , that no cittie , or borough did ever freely of their owne accords make choice of any vvard , or infant to serve in parliament for them ; as the ablest or fittest of any other , to do themselves and the kingdome service in parliament ; or as the sufficientest , ablest and discreetest persons , according as the writ directs them , but meerely through the over-earnest solicitation , threats or over-rulling power of the infants friends , to whom they stood engaged for favours , or durst not offend , least they should turne their foes , not out of meere publike respects , which all electors in justice and prudence should only aime at . therefore it is altogether unreasonable , that the election of infants , grounded meerly on such base privat respects as these , should defraud the parliament and whole kingdome of the choice of abler members ; since u every member elected for any particular borough , when once admitted , votes and serves not only for it , but for the whole kingdome too , to whom those who make unworthy elections for private ends or interests do most apparent wrong which the house hath power to right , else we might have our parliament stuffed with infants , malignants , &c. if people be so foolish to elect them in all places , as they have beene insome . the d . objection is this . that some infants under the age of . have bin permitted to sit as members in former parliaments : therefore by like reason they may be admitted in this upon our new elections . i answer , first , that no infant ought * de jure to sit in any parliament as i have manifested ; therefore not in this . ly . none ever sate in former parliaments of right , but only by connivance , when either the house took no notice of them , or their elections were not questioned ; or if questioned , ( as they have sundry times bin ) & not ejected the busines hath bin comprimised without comming to any solemne debate & resolution in the house . ly . the connivance of former parliaments in this kinde is no president to over-rule or bind our present parliament , for these ensuing respects . ● . because there are more weighty , difficult affaires concerning our church , state and three whole kingdoms to be consulted upon debated and settled in this parliament then in any , yea all the parliaments of former ages united . ly . because there are greater differences , distractions between the king and parliament , and more labouring to make parties in the house to serve ends [ if possible then in any former age . ly . because a greater reformation is now expected , promised , endeavoured in church , state , parliaments then in any preceedent times . ly . because the acts , and members of this parliament more concerne the kingdome to be free from all just exceptions , and are likely to bee more narrowly scanned , sifted , both for the present and future times , then the members or proceedings of any former parliaments , and the least just flaw against them may in after ages prove dangerous if not fatall to revoke or shake what ever shall be concluded by them now if not timely prevented . . because this parliament is more lasting then any other , and happily may prove diuturnal , if not perpetuall . . because both houses have made a more exact purgation of unsitting , unworthy members , in this , then in any parliament in former ages , and therefore in justice ought to displace all unable or unsitting members ( as well infants as any others ) to avoid the just censure of partiality . . because more exceptions , cavils are & will be made against undue elections , members now , by malignants , royalists , prelates , then to any members , elections in former ages ; therefore the house should bee more carefull what members they now admit , then they were in former times , when there were no such unhappy divisions betweene the king & parliament as now . the d. objection is this : that the infants in the house are not many , and they are led by the votes of wiser and more able members ; therefore the danger is not great . i answer , . that if no infant be capable of being a member , then none ought to be admitted , be they many or few . ly though they be but few for the present , yet there may be more hereafter elected , there being new endeavours to bring in more . ly . one or two in judicious infant members votes in matters of momen● , when the house comes to bee devided , may prove very dangerous . . every parliament man ought to vote according to his owne judgment not anothers only , and it is very dangerous for any to vote with such and such persons only in the house , and to make their votes the sole ground of their concurrent ay or no ; is the high way to factions . the th . and principall objection is this : that it will be both convenient and expedient that young gentlemen under age of honourable families should be members of parliament during their minority , the better to enable them to serve their country therein , when they come to r●per yeares it being the best schoole of experience to educate , to improve young gentlemen and sit them for publike action : vpon which ground the eldest sons of peeres are admitted to sit in the lords house and heare their debates , to enable them the better to serve the kingdome when they come to be peeres ; and former parliaments have connived at infants being elected members , and at their sitting in the commons house . i answer , . that this argument is a meere fallacy if examined : for though most members of parliament , as well old as young may learne much knowledge and experience by sitting there , ( as all judges , or other officers do by sitting in courts of iustice , and execu●ing their places ) yet they learne it not as schollers or auditors in a schoole , but as iudges and councelors of state , in the supreamest court and councell of the kingdome ; to discharge which trust , they must have some competent abilities of wisdome and experience requisite for iudges and councellors of state , ( which infants want ) before they can be admitted members into this highest publike schoole , into which none ought to be elected , but such wise men , who know both times , law , and iudgment : esth. . . especially in such times as these . ly . it is an absurdity , if rightly stated ▪ implying , asserting , that infants may be elected to sit and vote as members in parliament for the present , to enable them to be s●t members in it for the future though unsitting for the present ; when as in truth , none should be chosen to such a place of publike t●ust but those alone who are able and * sit to discharge it at the very instant when they are elected , is any father , schoole-master so inconsiderate or absurd , to send his son or scholler to the university , before he be fit for a grammer-schoole , the better to fit and enable him for the vniversity ? will the king , or parliament , think it just or reasonable to make a puny barrester lord chiefe justice of england for the present , the better to enable him to be a judge or chiefe justice for the future in his riper yeares , though unfit , unable at the time of his parent to be a puny iudge ? will any be so sencelesse , as to create a puny schoole-boy chiefe master of any free-schoole during his minority , the better to abilitate him to discharge that office twenty yeares after , when hee comes to perfect age ? why then should any infants be elected parliament men for the present , before they are actually fit or capable , upon this poore surmise , that it will the better instruct them to be able parliament men in future times ? certainly this is and must be like the corrupt practise of the late prelates , who would first admit men to benefices with cure of soules , which they were unable to discharge for the present and then grant them dispensations to be resident in our vniversities for five or six years space together , of purpose to fit them to execute their cures and discharge their ministry some five or six yeares after their institutions and inductions to their benefices . ly . i dare averre , that infants by following their studies close in the vniversity and innes of court during their minorities , will arre better improve themselves to serve their country in parliament in after times when they come to yeares of full discretion , then by spending their time idlely in the house , where they commonly sit like cyphers with out speaking or observing ought that is materiall , which takes them oft from their present studies , and bladders them with selfe-conceits of their owne superlative worth , & abilities . ly . admit the objection true , yet the prejudice and dishonour the kingdome , whole parliament shall undergoe by the permission of such unable members , is no wayes recompenced , by that little wisdome or experience which two or three infants may possibly gaine by being members for the present , who happily may never live to serve in future parliaments , or prevatica●e in this . ly . the argument drawne from peers eldest sonnes admission into the house of peers , as auditors only , not members , is as strong an argument as possible against the objectors , they being permitted ( like the sons of some of the cheife roman senators of old to come into the senate ) not as peers , members , voters , but auditors or spectators only . therefore the selfesame law and reasons which exclude infants from being members of the house of peers should likewise d●barre them from being members in the commons house , into which if any infants should be admitted out of favour it must be only a● auditors ▪ not members , as infant lords and noble men are admitted into the house of lords ; the rather , because they are no knight● or burgesses by birth as noble men are peeres , but only by undue elections , voyd in law . to close up all ; i hartily wish our honourable parliament to prevent all future sinister , undue elections ( of which we heare so many just complain ● of late , to the shame of those who ●ccasion them ) would caus● this 〈◊〉 statut● concerning elections to be duly executed , 〈◊〉 , the statute of . ●●● . c. . which runs the * and because elections ought to be free , the king commandeth upon great forfeiture , that no great man nor other by force of a●mes or menacing , shall disturb any free election to be made , ●ith this ●●st excellent law concerning the election of justices , & other inferior offic●rs , to be strictly observed in point of parliamentary elections , both in reference to the electors , and persons elected , to wit . r. . c. . it is accorded that the chancellor , treasurer , keeper of the privy-seale , steward of the kings house , the kings chamberlaine , clerk of the rolls , the justices of the one bench and of the other , barons of the eschequer , and all other that shall be called to 〈◊〉 , name or make iustices of peace , sheriffs● escheators , customers , controlers , or any other officer or minister of the king ▪ shall firmly sweare , that they shall not ordaine , nam● or make iustice of peace , sheriffe , &c. for any gift , brocage , favour , affection , nor that none which pursueth by him , or by other privily or openly to be in any manner office , s●all be put in the same office or in any other , but that they make all such officers and ministers of the best and most lawfvll men , and svfficient to their estimation and knowledge . these two lawes alone if revived , and applyed to the elections of knights , citizens and burgesses of parliament , with severe censures on the infringer of them , as they would save that vb●q●itary pertu●●er , of solicitor and stickler at most of our late elections [ mr. hugh peter , ] a great deale of unnessary un●itting paines , solicitation , and abuse of the pulpit , to the peoples great disgust , for his owne private luchre & advaucing the designes of his party , so it would certainly prevent al undue elections of infants and unworthy members , ●ll the house with the ablest , lawfullest * most sufficient men , according to the purport of the writ for elections of knights and burgesses , who ought to be freely chosen by the electors [ g ] si●● prece , 〈◊〉 precio , fine pr●●cepto , without s ●●brocage o●overa●ng commands , without solicitation or supplantation , which now to many practise to their infamy . thus i have given you a briefe accompt of min● opinion touching the propounded question , together with the reasons swaying mee thereunto . if your selfe or others reape any satisfaction from it for the publike good , it is the only fee i expect in this common cause , that concerns not your selfe alone , but the whole kingdome , which suffers more mischiefe , dishonour , prejudice by unworthy elections , then any privat competitors justly greived by them . i shall close up all with that of solomon , eccles. . . childhood and youth are vanity ; i am sure they are so in our parliaments , where they should have no place , if he divine ●right , who desires to approve himselfe , upon this , and all other good occasions . febr. , . your most affection friend and servant w. p. finis . notes, typically marginal, from the original text notes for div a e- a cookes . institutes , p. to . * englands birth-right advertisments for the election of burgesses , confuted by master cooke . b littleton sect. . . . . and cookes institutes , ibidem . glanu : l. . c. ploudens com : f. . see brook's abridment , & fitz. tit. cover●●re , enfant , no●hability . c cookes . i●stit . p. . ● h. . c. . . h. . c. . d cromptons iurisdictions of courts , f. . . cooks instit on lit. f. . his th . institute , p. ● . e crompton and cook qu● ( d ) dyer . fol. . a●el est intend des ●outs homes queils sont les plus sages et discreet persons deins le realme . f littleton sect. . . . . g cooks institut . on littletons . . cor. . . h littleton sect. . fitz. abridg. tit. enfant . & brook . tit. coverture . i . e. . . . h. . . ● . . r. . . ● . . & . ●d . . . fitz. n. br. f. . d. cook . rep. . . e. . audita querela . . . k littleton sect. . ● . brook dum fuit infra aetatem . l . h. . . fitz. ●●●ant . . e. . . m cooke . instit. ● . . n se . e. enfant . . e. . account . . e. . . h. . . . h. . . e. . . b. . e. . . a. . e. . . a. o cookes instit. on littl. f. ● . see kitching ▪ p in h. . . fitz : enf. . ● . . br. coverture . . q see the soveraigne power of parliaments , part p. , . sir thomas smith his common wealth of england , l. . cap. . . cooks . institut . ● . . r see the soveraigne power of parliaments , part . p. , . part . p. . , , , ſ rom : hist. l. . sect. . p. . t cookes . institut cap. . u cookes . institut cap. . x beda eccl. hist l. . c. . , . hen : hunting . hist. l. . . matth. west . an. . wil. malmes : de gest: pont. angl. l. . c. . houed : p. flor : wigo●niensis . an. . antiqu. eccl : bri● . p. . . . lam. archaion seldens titles of hon. p. ● cooks . insti. p. . spelman concil : p. . . . . . . . . . . . . . . . . . . . . x . h. . . issue . . eliz. c. . ( y ) see truth triumphing over falshood , &c. z bodins common-weale ▪ l. . c. . cookes . institutes , cap. . a see cooks . instit. c. . beam , l. c. . sir th. smiths common-wealth of england , l. . cap. . . vowels order and vsage how to keep a parliament . cambd●ns brit. pag. . the soveraign power of parliaments and kingdoms b . h. . c. . h. . c. . . h. . c. . e. . c. . e. . c. . . . . e. . c. . . e. . of fines . . r. . c. . . h. . . . ian. c , . see ashes tables enfant . . h. . e. . c . chron. note . d common-weale l. . p. ● . e se●at●● t●tius or●●●lum civitati● de oratore , lib. . f nef●s est adversus auctritatum senatus tendere rom. hist. l. . g matthew paris , anno . p. . . ●●niells hist. p. . h see . e. . stat. . . & . r. . cap. . . h : c. . . . . h. . cap. . . e. . cap. . i . e. . cookes . institutes , p. . ●● . , . fitz : c●●●n● : ● , k c. . rep : , c. . e. . fitz : enfant . . ass . ass : . e. . . fitz : dammages , . imprisonment . ● , , . l deutr. . c. . . c. . . judg. . . sam. . . c. . . c. . kings . . . . c. . . . c. . . kings . . chron. c. . . c. . . ●● . . cron. . . ezec. . . . iob. . . mar. . . math. . . m chron. . . & . kings . n alexander ab alexandrol . . c. martinus phileticus in cic. l. . ep. fam . . o alexander ab alexand. . c. p alexander ab alex. ibid. goodwins roman antiquities l. . c. : q bodins comon-weal●● l. . c. . p. . ſ common-weale l. . c. . p. . [ r ] bodin ibid. note . object . 〈◊〉 . t . 〈◊〉 , , c. . ● . h. . c. cookes . in●●it . p. u cookes . instit. p. . object . . answer * see cooke . rep. f. . object . . answer . object . . answer . * see cookes . rep s . . b. . * alexander abalexand . l. . c. . * see cooks instit. p. . note . [ * ] see cooke . report . f. . & . rep. ● . * cookes . instit. p. . & . instit. p. colonel hammond's letter sent to william lenthal esq; speaker of the honorable house of commons, concerning mr. osborns late scandalizing the said colonel, and the rest of the gentlemen now attending the king : which letter was read in the house of commons. together with an order of the commons for the said osborn to appear within fourty days to make good his allegation. published by authority. hammond, robert, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) colonel hammond's letter sent to william lenthal esq; speaker of the honorable house of commons, concerning mr. osborns late scandalizing the said colonel, and the rest of the gentlemen now attending the king : which letter was read in the house of commons. together with an order of the commons for the said osborn to appear within fourty days to make good his allegation. published by authority. hammond, robert, - . england and wales. parliament. house of commons. p. printed for edward husband, printer to the honorable house of commons, london : june . . reproduction of the original in the british library. eng osborne, richard, fl. -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no colonel hammond's letter sent to william lenthal esq; speaker of the honorable house of commons,: concerning mr. osborns late scandalizing hammond, robert a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion colonel hammond's letter sent to william lenthal esq speaker of the honorable house of commons , concerning mr. osborns late scandalizing the said colonel , and the rest of the gentlemen now attending the king : which letter was read in the house of commons . together with an order of the commons for the said osborn to appear within forty days to make good his allegation . published by authority london , printed for edward husband , printer to the honorable house of commons . june . . to the honorable , william lenthal esq speaker of the honorable house of commons . mr. speaker , having lately received knowledge of the unparaleld wicked practices of mr osborn , from the right honorable the lord wharton , by a letter which his lordship sent me , directed to him from the said osborn , who hath bin the chief instrument , in contriving and acting , as far as in him lay , the late design of the kings intended escape ; wherein it appears , that failing in that his treacherous purpose , and meeting now with new councellors , he proceeds , though in a more abominable way , by shameful and unheard of lyes , as much as in him lieth , to abuse and inflame the disturbed mindes of the people in these distracted times , and most unworthily to scandalize me , and the rest of the gentlemen , now attending the king ; and in those things wherein his own heart is a witness , that they are ( of all other ) most contrary to truth . and being since further confirmed , that in prosecution of this his audacious villany , he hath written publique letters to both houses of parliament , asserting such horrid falsities , that are hardly fit to be named , but by such a wretch , whose principle being falseness and treachery , knows no limits in wickedness . sir , my sence of the ill that in such times as these may accrue to the kingdom by such abuses , causeth me to send up this bearer major rolph ( though through weakness he be very unapt for travel ) whom he avouches for his author , that if you please may be examined , who will sufficiently inform you of the great untruths raised by that unworthy person ; whom i should let pass as not worthy the taking notice of , to time , to shame , as it hath those other unworthy reporters , who have spread abroad the late false report of my inhumane abusing the person of the king , were not the publique more then my self concerned in it ; but the wisdom of your honorable house , doth , and i doubt not will more clearly discern , the design driven at in such reports , and will take care for a right understanding of those who have been , or may yet be deceived by such abuses . for my own particular , had i not been thus occasioned by my duty to you and the kingdom , i should have left the clearing of my integrity ( as formerly so still ) to the righteous god , who if with patience men can wait upon , and trust in him , will certainly confound and destroy that structure , whose foundation is laid in lyes , with shame and sorrow to it's wicked builders : sir , i have not onely to support and bear me up against these calumnies , the testimony of a good conscience ; but to clear me amongst men , it pleaseth god so to order it , that upon all occasions given , and that before many witnesses , the king is so just , as to vindicate me from all those aspersions , and so i doubt not will all others that have any sence of honor or truth , who have been witnesses to my actions and deportment , since his majesties unexpected coming to this place . sir , i conclude with this profession to you , as in the presence of god the searcher of hearts , that as all the good of this world could not have hired me to this imployment , could i have avoided it , or would you have seen it fit otherwise better to have provided for it ; so , seeing providence hath cast me upon it , or rather it upon me , i have ( and by the assistance of god shal so continue ) to the utmost of my power and knowledge , demeaned my self with all dutiful respect to his majesties person , with an equal eye to the duty i owe you and the kingdom , in the great trust you have been pleased to place upon me : and this with that integrity and evenness , that i stand ready to give an account to god and all men of my actions herein . this satisfaction to you i finde upon all occasions , by constant testimony of your favour to me , i need not now give you ; yet being sensible a little at the wickedness of this most ungrateful unworthy person , makes me thus trouble you , though i need not , reason it self will plead sufficiently against him , that having attempted and failed in such a design , being so principled as such a man must be , that for his own interest he should proceed thus to colour his villany , as by his late addresses to both houses . sir , i shall not further trouble you , but in most earnest expectation looking for a deliverance from my intollerable burthen ( which god and a good conscience onely supports a poor weak man to undergo ) either by a removal of his majesties person from hence , when to your wisdoms it shall seem safe and fit ; or by better providing for it , by a person or persons more able to undergo it , either of which , that which may best sute with your affairs , is most heartily desired , and that with speed , if god see it good : till when , in the strength of that god who hath carryed me on hitherto , and as he shall inable me ( being sufficiently guarded against the worst that malice can throw upon me ) in all constant integrity , i shall indeavor to express my self , sir , your most faithful and humble servant , ro: hammond . carisbrook-castle , june . . postscript . mr. osborns letter to my lord wharton , which his lordship sent me , i have enclosed in a letter to the committee of derby-house . since i ended this letter , i have examined the three soldiers , who were dealt with to have been assisting in the kings escape ; but they all affirm , and are ready to make good upon oath , that neither osborn , dowcet , nor any other , told them that the kings life was in danger : so that it seems clear a device of his own to inflame the people . die martis , iunii , . ordered by the commons assembled in parliament , that the letter of richard osborn of th junii , . directed to the speaker of the house of commons ; and the letter inclosed from the said richard osborn of o junii , directed to the lord wharton , be communicated to the lords : and it is ordered , that the said richard osborn may have forty days after the date hereof , to come with safety to his person , to make good the allegations mentioned in the said letters , so long as he shall stay here , for the examination and proof of the business ; and likewise shall have free liberty to depart without molestation , let or hinderance . h : elsynge , cler. parl. d. com. finis . certaine observations concerning the office of the lord chancellor composed by the right honorable and most learned thomas, lord ellesmere, late lord chancellor of england ; whereunto is annexed a perfect table and a methodicall analysis of the whole treatise. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) certaine observations concerning the office of the lord chancellor composed by the right honorable and most learned thomas, lord ellesmere, late lord chancellor of england ; whereunto is annexed a perfect table and a methodicall analysis of the whole treatise. egerton, thomas, sir, ?- . [ ], , [ ] p. : ill. printed for mathhew vvalbanck ... henry twyford ... and iohn place ..., london : . attribution to lord ellesmere considered doubtful. cf. dnb; holdsworth, w.s. sources and literature of english law; watt, r. bibl. brit. this item appears at reel : as wing b (number cancelled in wing nd ed.), and at reel : as wing (cd-rom, ) e . reproduction of original in british library and huntington library. eng england and wales. -- lord chancellor's dept. a r (wing e ). civilwar no certaine observations concerning the office of the lord chancellor. composed by the right honorable, and most learned, thomas lord ellesmere [no entry] f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion certaine observations concerning the office of the lord chancellor . composed by the right honorable , and most learned , thomas lord ellesmere , late lord chancellor of england . whereunto is annexed a perfect table , and a methodicall analysis of the whole treatise . london , printed for matthew vvalbanck , at grayes-inne gate ; for henry twyford , in vine court , middle temple , and iohn place , at furnivalls inne gate . to the reader . courteous reader , some yeares past , the copy of this treatise was delivered unto me by john harding , late of grayes inne , esquire , deceased , and one of the readers of that honourable society , and by him then affirmed to be composed by the right honourable , and most learned , thomas lord ellesmere , lord chancellor of england , of whose great and eminent abilities i dare not presume to speake , being so unable and unworthy to be a judge of , and the rather i am confident no man will be so hardy as to detract from the memory of so famous a statesman . a perfect table of the most notable matters contained in the first part of this treatise . chancellor , his name in severall languages . page . his antiquity , and authority here , and in other forain nations . , , &c. his name and office in france from the time of charls the great . . and in england from the time of edward the confessor . , , &c. cancillarii regis and cancellarii reg●i , . symon the norman the first sole keeper of the great seal , about h . ibid. sometimes there were two keepers and sometimes three . . chancellor and his election of divers sorts , and of divers degrees . ib. & , chancellor , chief iustice , and treasurer , their election belongeth to the parliament . . patents of the office , and their severall formes . , . chancery , the nature and orginall thereof . . chancellor , his ordinary authority , when it began . , . much inlarged by e. . his absolute power whereupon it was grounded . ibi . error there reversable only in parl. . no prejudice for mis-pleading there , or default of form . ibid. processe is a subpoena , and the order of proceeding in the court . the iudge of the court . . how the seale is to be ordered . . the form and fashion thereof . . the assistants to the lord chancellor . master of the rols . ibid. the officers of the court . , , &c. and their privilege . . the manner of proceeding , and the matter of the subject , from , to . see in the end of this treatise an exact summary or analysis of the whole booke most methodically composed by the author thereof . these bookes following are printed and to be sold for mathew walbanck at grays inne gate , for henry twyford in vine court , middle temple , and john place at furnivals inne gate , . perfect convveyancer , mirror iustice , abridgment of lord cokes reports , abridgment of lord dyers reports , abridgment of plowdens reports , perkins law : english . actions slander , marches reports . history of normans both parts , parsons law , privilege of parliaments , young clerkes guide , collins iustice of peace , pauls progresse , attorney common-pleas , attorneys accademy , tearms of the law , fathers legacy , compleat parson , book of oathes , habeas corpus , womans lawyer , liberty subject , wards and liveries , wilkinsons sheriff , derhams manuel , letter writer , amends for ladies , bancrofts epigrams , english grammer , lee ; caesar . mr. williams in pauls church yard sells them , thorps charge , edgars charge , books sold by w. lee , m. walbanck , d. pakeman , g. bedell . touchstone of common assurances , by william shepheard , esquire , fleta , corrected and enlarged by io : selden , esquire . three readings . one by sir iames dyer , one by sir iohn bregrave , one by thomas risden , esquire . books sold by iohn place . transactions of the high court of chancery ' both by practice and president , with fees and speciall orders in extraordinary cases ▪ by wil. tothill , esq ; and revived by sir robert holborn , late bencher of lincolns inne . clarastella , with pious occasional elegies , epigrams and satyres , by robert heath , esq ; vade mecum ▪ being the substance of all statutes , usefull for a justice of peace , by val. young , esquire certaine observations concerning the office of the lord chancellor . having endeavovred ( for duties sake ) some what to consider the nature of this high place & dignity , for two causes , chiefly , i was much discouraged . for neither could i remember any man in this kinde of discourse to have bin imployed ; neither any iudge or potentate with whom this magistrate may be compared , and herein the more i searched , the more i found my selfe confounded . in the eighth chapter of the second of samuel jehosaphat the sonne of ah●lud , the chancellor among the hebrewes , as the second of david his chiefe officers , is termed mazur ; in he greeke , ananinnescoon , by tremelius and j●aius translated ( a memoria or monitor ) by the spaniard chanciller ▪ which is all one with cancellarius or a comentarijs ; by the italian , seritor de le cose fatte , in the duch cantzfe● , in the french chroniqueur , and in our english translation , a recorder , in the fift place is called serayah , and he is called sopher , which in all the aforesaid translations is tearmed scriba or sec●etarius , saving that the italian doth name him cancellario . sebastian munster conceiveth mazur to be a comentarius , and he was ordeined saith he , to be the principall master to note such things as were worthy of remembrance , or as solomon saith , his office consisted in this point , to report the actions of old time unto the king , and sopher was appointed to record them ; herewith agreeth ( for the signification of the words ) the twentieth of the same booke of samuel , and the fourth chapter of the first of the kings ; but whether the lord chancellor of england as now he is , may be properly termed sopher or mazur , it may receive some needlesse question , howbeit it cannot be doubted but his office doth participate of both their functions , being by william the conquer our appointed magister collegij scribabarum , by the same king instituted in the third yeare of his raigne , ( as writeth polydore ) and likewise having had the keeping of the rolls of records as bracton witnesseth , either at the same time that the common place was erected , which was about the ninth yeare of henry the third , or not long after . but something more neer to our name of chancellor , i finde the hebrew word kinkall , in greek knilizo , and in latine cancello , whereof cometh kankill , in greek knilis , and in latine cancellus , and thereof not unproperly cancellarius , as he s●teth intra cancellos legis , ( viz. ) & conscientiae , or otherwise a cancellando , as shall be afterwards touched . notwithstanding for that i finde the word mazur better avowed than this latter , and i do not remember much mention to be made of any great officer among the grecians neere sounding to kniklum , i will content my selfe with the former name only of the h●bricians , without further consideration of his authority in jury , notwithstanding with this observation , that long time before this monarchy of the hebrewes , a speciall privilege of jurisdiction in difficult matters was reserved to moyses wherein he might demeane his decrees according to the information of his good conscience , for so it may be understood if i be not deceived that in those cases he asked counsell of god , who gave him warrant of his authority , and therefore some have not feared to call him cancellariu dei : so was joseph said to be pharaohs chancellor , and therefore his successors the chancellors in our dayes , are called patres patriae , as he was patriarcha ; and as the king only was in seate superiour unto him , so is the chancellor with us at this day , primus post regem , & secundus in ordine of any temporall magistrate . and surely if in greece i should look for a meet pattern and president to this purpose , i would hope to finde him in the common-wealth of the athenians , where from the time of the first king cecrops unto the ( athentes anno ) i dare be bold ●o affirme , that little light would be given unto ●ny man much better conversant in the greekish histories than my selfe , and from the same time into the tyranny of ●isistratus , from thence to ●e renewed domecticy , after the domination of antigonus , i cannot single out any one justicer of ●ike quality , unlesse i might allow that solon was therefore chancellor for that he did moderate and temper the positive laws of draco by his discretion , as well in decreeing as in execution , the which ●berty and power was after attributed to the nemoth●tae , not those which did make lawes , but those that did allow or reforme the lawes already famed ; but mee seemeth the chiefest part of our ●han cellors office may be applyed to the senate ●o whom the power was given of making decrees in the causes of private persons and the holding of dayly accidents , but so as that they did not oppugne or contrary the lawes positive . and further we may say of him , that he hath jus consultand● with their demarches , jus judicandi between citizen and citizen , with action between citizen and alie● with their polymarchus , whom the masters of the rolls , and the masters of the chancery are paredri to informe him of the law , as shall more easily be gathered in the processe of this treaty , and that he hath jus imperandi and principatio judicior . with the a●opagitae ; and further that he may multum irr●ga●e with the aforesaid the smothetae , whereof it followeth that he is undoubtedly a most absolute magistrate , and for that he hath closed in his office a credit for conservation of the peace over all the realm , with shall not be amisie to call him nomophilax with this remembrance that plutarch writeth , eumenes cardiqnus to be archigrāmatea alexandri magni valgo cancellarium ac principem scribarum qui l●gothet● in regno & petitiones de●retabat quos signabit & in eis se suseridebat . in the policy of the roman empire , i meet not with one example , saving that by report of dyonisius the best and worthiest of the hundreth senators was chosen by romulus , to whom oversight of justice , the appeasing of tumults , and the conservatiō of peace in the city , was appointed at such times as the k. was otherwise busied in the expedition of warfare , not unlike to the ordinance of ed● . the . who in the twentieth yeare of his raigne addressing himselfe to his warres upon the french , did then authorize the chancellor and the treasurer of england , to hear and determine of all complaints against extortion of officers maintenance , imbracery , and such like offences , by which authority he procured to be confirmed unto them by act of parliament , and so it is at this day . the chancellor of france , v●carius regis and as will appear hereafter ; and that there was no other magistrates in the time of the roman kings is expressed by the same dyonisius excepting onely tribunus celerum , which was militaris , and as some hold opinion , certain quaesteres for oversight o the treasury , sent but otherwise in rome omnia regum arbitrio administrata sunt ; in imitation whereof , the two great officers of france , which are preferred before all other ▪ et semper adsunt ad latu , principis , are the constable of the kingdom and the chancellor , which is called quaestor by some writers . now in the permanent and ordinary offices of their popular government , what magistrate might be so mighty or generall in his jurisdiction , as is the present preheminence of the chancellor ? i speake not of the consuls of dictators , which did want nothing at all but the title and the denomination onely of kings and chief rulers . herbert budaeus doth not sticke to call him praefectum praetorio , and further ( qui loco dictatoris sit ) that our chancellor hath jus ●dicendi , appeares by his rules and orders for matters of consclence in the chancery , which doe especially concerne his absolute authority , jus judicandi upon audita qu●relaes , petitions de droit , &c. where he judgeth according to form of common law , jus cogendi , by his service of the mace , and jus coercendi , for over all the realm he hath authority to command a man to prison : how he might be termed censor , in that he sendeth for the commissioners for survey of armour , &c. aedi●es in the prizing of wines and fish , &c. in the appointing of sewers , &c. and so to compare him with the severall officers of that common-wealth , by reason of his severall qualityes it were both tedious and impertinent , only i have thought convenient to term him pretor for these congruities : first quoad cognitionem , then quead curationem . the cognizance of the pretor was either domesticall or popular , domesticall whereby he might hear the complaints of every private man which his palace and in his owne chamber , ministrante at que admittente cubiculario , and order them by the law of his reason , the which orders were ingrossed by any one of his clarks and sealed with his owne signet ; popular when he sate in basilie● or in foro , where he was circumdatus cancell●s , and had attendant upon him , scribes , cryers of the court , and serjeants , and this was called locus sta●uendi , in whose constitutions there were two kinds , one of decreeing , another of giving judgement . he was said to decree when without the counsell or advise of the judge he would manumiss , emancipate , award possessions of lands and goods , commit wardship of pupills , grant injunctions , and generally when without assistance of a judge he did hold cognizance of causes and determine thereof as he thought convenient , and in this manner of cognizance sometimes he would statuere sine judice , sometime he would rem iudicibus statuendum permittere , as we may fitly translate to dismisse them to the common law . it was said the judgment of the pretor either when he proceeded to judgment according to leges regis , duodecim tabulas , jus civile , leges , plebiscita , or senatus consulta , and herein his authority was not absolute as in the other , or where himselfe did heare and define , remitting the sentence of judgment to be pronounc't by the judges , in this kinde our chancellor and their pretor●oe differ , especially for that the pretor would at his entry into that office , publish and propound certain edicts , which were principles and fountaines out of the which he would derive his decrees . but what names or generall notions the lord chancellor doth assigne unto himselfe for limitation of equity and direction of his conscience that lyeth hidden and concealed in his owne breast , for as saith lindwood , conscientia est cognitione sui ipsuis cordis & conscientiae alicujus quando quid relinquitur ipsemet erit judex &c. whereby the man of law is not able to informe his clyent what is like to become of his action , or whether it be determinable in the court of chancery , or to be tryed at common law . but to give some understanding of such matters as are proper to this court , so farre forth as the absolute power of the chancellor extendeth , there shal be set here under a competent store of cases whereupon reasonable conjecture may be grounded what is like to fall out in matters of many natures ; but of his ordinary power of judge , and of his office as he is the princes minister , they shall not in this discourse be largely handled in particular , but onely touched ( obiter ) in a word or two . and thus much of rome , calling to mind by the way that tribonianus to justinian , seneca to nero , ulpian to alexander the pope , are reported to have bin chancellor . and now in the meane time let us in short have regard to the chancellor of france , and to the great chancery of that kingdome which cometh nearest to our selves , and would be much resemblance of the form & force of our english chancery , had not the court of requests bin enacted by commission from k. h. the . before which time the masters of requests had no warrant of ordinary jurisdiction . we are to give credit unto the historyes of france , which do : report the first chancellor of that kingdome to be ordeined by charles the great , and that his authority was inlarged by charls the wise the fist of that name . it may be gathered out of these words of divus lucius which i doe therefore report in latine as he writ them , for that they be significant , constitutionum ca●oli quinti supremus o●ni●m ordinum & honorum cancellarius ( quique subinde regi a consi●●s intimis statent , exhibit is tactisque sanctis evangelijs in manu regia in ●oec verba j●rabunt , quod sci●cet et nullum faedus nec ullum conspirationem ini●●ut inter ●os & si quia a quoquam contra fieret a statu su● dejectus exauthorazetur . per insignem dignamque majestatis regiae huc referre libuit modum quem carolus ille q●●ntus cognomine sapiens in ●ligend● & designando supremo 〈◊〉 nom●●hylice cancel●arie non minus cite quam sancte observavit , cum ad c●ntum & trigint . ade●sent p●tres conscripti octo juri a libellis proceres caeterisque rati●●ales , cos a conclavi rex ab●re & exire jussit , postea sigillatim omnes ad unum accersunt , & jure jurando adegit , ut bona fide quem e republica huno nomophylacie putarent esse ●erficiendum utrius li●et status sacrae aut secularis hominem profiterentur latis suffragiis petrus orgs montius latinacensis episcopus centum quïnque puncta & tabulas tulit . tumille ut ingenius erat semoribus minimeque ambitiosus tanto huic munere ( ne dicam on●ri ) sese longe imparem excusare . ac vero rex tot tantisque ca●culis a●probatum sibi & jam valde probari testatus est signaque codi cillaria ei in manus dando ab co iusjurandum sacrosancto per evangelia excepit sub ijs concept is verbis tuo juramento firmas orge menti regi te obsequentissimum sore . that you shall give unto him faithfull advice and counsell and such as shall be for his commodity and convenient for his majesty , as also for the profit of him and the common-wealth : that you shall never put your self under the obedience of other than of him , that you shall preserve to the uttermost of your power the revenue of the king and of the crowne , that you shall never receive nor accept without his consent , any gowne , cloake , fee or wages , present or profit whatsoever of any other than of him ; that for favour , affection or hatred , you shall do nothing , and if at this present you are bound by oath to any lord or lady , or have bin so heretofore , that you forsake and renounce it wholly . hereout may be collected the preheminence , election , and duty of the chancellor , if we adde hereunto the words of budenes , that bodie ejus par●es primoe sunt videre ut nulla principis constitutio , nulla sanctio , nullum diploma , nullum res●rip●um , nulli cudicilli regij none republica atque etiam e dignitate reipublicae principaliqu● exeant cujus censurae aut stilo principum majestas acts sua eximi volunt , denique qui principis pr●sentis viarius pera●ere agente interrex quod a morbo esse censetur jare & proprie nomophilax legum presidium juris assylum id quod e papiniano quondam dictum est morum institurorum quae ara ●qui bonique columen appellari potest atque etiam debet id quae creder eme cogit consensus fere hominum institutū quae quod eam quasi per manus traditum caput eum per verticem justic. appellantum . and namely it is to be noted , that he might be of either state , ecclesiasticall or temporall , religious or secular , for the order of all the chancery courts in france may be seen one a●re● in the time of charls the th . another of charls the th . and that the high court of chancery which followeth the king at this day , was ordeined by lewes the th . may appeare by the ordinance of the same king . anno . as also by the acts of francis the first , anno . and of charles the th . anno . there are two seals belonging to the chancery , one is the great seal wherewith are sealed letters of grace , & the other called the common seal , lesser than the former , wherewith are sealed the writs of simple justice , and so have i heard a motion to be made for a like little seale proper and peculiar for the sealing of writs originall in our chancery , all letters patents of the king , arrests and ordinances made and agreed in the privy counsell , are sealed with the seale of the king , either by the chancellor or keeper of the seale in the great chancery , which followeth the court , for in france they have a chief or principall chancery attendant upon the king in the which the chancellor of france doth exercise the office of sealing , or else his commissarie assisted with the kings secretaries which of right have a certaine fee out of every patent by them signed , and also with the masters of requests which have the oversight and admitment of all such writs and patents as are to be sealed , and moreover in every parliament of france there is by the king of france established a chancery , wherein is placed a keeper of the seale , a certaine number of secretaryes as in the former , which are said subscripti in sublevamen cancellarij propter multitudinem negotiorum in cancellaria & curia regis affluentium ; and likewise as are in the great chancery , there is one audiencer , one comptroler , and one referendary or recorder , the chancellor if he doe exercise his office , hath for wages by the yeare eighteen thousand french livers and having a keeper of the seale substituted he received twelve thousand livers , and six thousand livers are assigned unto him , principally for the entertainment of the masters of requests , which do ordinarily dyne at the lord chancelors table in their turne of quarters , he hath also besides his wages many other rights and duties , as at the entry of kings into cityes , he hath a garment of cloth of gold , and yearly he hath certain elles of velvet , a certain number of lights , and an allowance of wax , the chancellor ought not nor may not passe any writing under seale , contrary to the deliberation and determination of the privy councell , neither whereof any doubt is moved by any master of requests of the household , but he ought to send the same to the councell for a resolution . of those which have accesse to the seal we may place in order next to the chancellor , the master of requests , which are appointed him for surveyors and examiners of such writings as passe the seale , especially of patents and commissions and all other persons whatsoever are forbidden to enter at sealing time , saving the kings secretaries , the audiencers , the comptroller , the procurator generall , which is ordained in the said chancery , and the c●afewax . by this appeareth the name , and some part of the office of the chancellor of france , to be given by cha●lemain , more than one hundred years before the time of edward the confessor , in whose dayes began the name of our english chancellors according to the assertion of florentius wigornensis , for that the aforesaid edward having spent a great part of his age in normandy , was the first that brought the use of the seale from thence , and with it the name of him that had the charge thereof , and that is the chancellor , in whom leafricies the britain is named the first chancellor , but saving correction i must be of that opinion of the normans , we did not learn our manner of sealing , not onely for that i have seen the copies of our kings patents before those dayes , with ego i●a , ego aluredus &c. subsignavi , which indeed may be al one with subscripsi , according to th . law in the digests lib . but surely i have either seen the very points of the saxony , danish seale , or else they were counterfeit to no profitable purpose . let other men give what credit they will to the collection of chancellors by mr. thinne in the new addition to mr. hollinsteeds chronicle lately published , for my owne part i am neither of experience nor judgment to impugne it , but under the authority of allowable writers , i shall set downe , and that shortly , what i have gathered in so few daies as i have therein bestowed , of the present estate of our modern chancellor , and herein some particulars of the court of chancery ; and first in mine opinion he is the same chancellor that was rembaldus to holy edward , and mauritius to william the conquerour , whose office was to make and seale the instruments that passed from the prince , as writeth lupanus , and as for the former mentioned chancellors before this time , they seem more kindly cheif secretaries , than to exercize the present office of chancellors . for howsoever i am induced probably to conjecture , that before edward the confessor there was use of sealing , as i have said ; so have i no warrant to allege for a great seale of the king to passe the instruments , whereof the charge was committed to the chancellors , the which , as i take it , may be reputed the originall of his office , and this his originall office was not altered by the aforesaid conqueror in the erection of the college of scribes or notaries , neither his name changed as i conceive the words of pollydore where he saith that ejus collegij magistrum vocavit cancel . larium qui paulatim supremus effectu● magistratus of qualis hodie habetur . but i suppose that authority was also given him by sealing and making certain writs originalls , the forme whereof was for the most part produced out of normandy , but not the granting of all originalls , because that by glanvill it is affirmed that many of them did beare teste of himself ( viz. ) ranulpho ganvilla who was chief justice many yeares after ; and this by the way is to be remembred , that in the name of chancellor our ancient histories may easily deceive us , for some were called ( cancellarij regis ) and others ( cancellarij regni ) and of those which had this great sea● of the k. in their charge and custody , some were termed chancellors and seale bearers , also that had no partakers of their office , such a one was the same rembaldo to the aforesaid edward , and many others ; some were keepers of the great seale , and that solely , q●i custodiam sigilli regli acciperent cancellarii vices acturi & officium &c. as saith mathew paris of john maunsell , although there may be perceived some small difference betweene a keeper of the grev seale and a vice chancellor , for of vice-chancellors also i finde two sorts , the one ( as i take it ) exercising the office of a chancellor in matters of justice , and such a one was malus catulus in the time of richard the first , another which was chiefe secretary as it seemed unto the chancellor , to write the patent of the prince , and such a one was sywardus , whose name i have seen subscribed to a charter of edward the consessor , ego sywardus notorius ad vicem rambaldi regis dignitatis concellarij subscripsi . the first sole keeper of the great seale i take to be symon the no●man , who had the seal delivered unto him in the d . year of the raigne of king hen. d. and shortly after also taken from him againe , when he was also banished the court for that he would not seale the patent , whereby thomas earl of flanders might aske d . for every sack of wool that went out of england into flanders ; but that the authority of the lord keeper was beforetime some way inferiour to the authority of the chanceller , that may seem by the act of parliament which was made anno eltz that did equall the power of the one with the other ; sometimes also the chancellor of england had a keeper of the seale subscribed to him , and so was ranulphus the chancellor , and richard the chaplaine keeper of the great seale , both at one instant to henry the first . sometime there were two keepers of the great seale and both at once , as were jefferey le templer , and iohn de lexinton , notwithstanding that ralph nevill remained cancellor , of whom infra . sometime the great seale was delivered unto at once , as by edward the d . to will : melton and others , joyned with him for a certain time to execute all such things as were to be done therewith during the kings pleasure . the election or creation of chancellors , and keepers , &c. was of more than one sort , and also of men of divers degrees and qualities sometimes , and for the most part , the chancellor was elected by the king durante bene-placito , and put in power of his office , by the delivery of the seale , and sometimes the chancellor was made by patent to hold that place or office during his life , as walter grey bishop of chester , in the time of king john and others , some , and the most part were elected by the king onely , some had patents of the king and were confirmed chancellors by consent of the three estates , as were ralph nevill bishop of chester in the time of king henry the third , with whom the prince being offended as reports mathew paris , and demanding the seale at his hands , he refused to yield the same unto him , affirming that as he had received it by the common consent of the nobility , so he would not , without like warran resigne the same . and in the dayes of the same king , it was told him by all his lords spiritual and tempotall , that of ancient time , the election and dispofition of the chief justice , chancellor and treasurer , belonged to the parliament , an● although the king in displeasure did take the sea● from him , and delivered the same to the custod● of others ; yet did the aforesaid nevill remain● chancellor notwithstanding , and received the profits thereof , to whom the king would hav● restored the seale , but he refused to receiv● it . and hereupon may be gathered , that the keeper of the seale is not vice-chancellor in every respect . an●●et us note by the way three several parent● were granted unto this ral●h nevill aforesaid , w● whereby he is ordained to be chancellor , and the third for the custody of the scale , all remaining among the records in the tower , in hae●●erba . henricus rex , &c. archiepiscopis , episcopis &c. sciatis nos dedisse , concess●sse & ●a● charta nostra confirmasse vene . pa●●● randolpho cicestrensi episcopo cancelldria● nostram hahend . & ●●nend ▪ to●o ●●mpore vitae suae , cum omnibus p●rtinent . libertatihus & ●●●eris consuetudinibus ad praedictam cancellariam nostram , habeat bene & in pace libere & 〈◊〉 integre , honorifice cum ●●●●bus exitus libertatibus & omnious all●s ad eam per●inentibus sicut cancellar ▪ regn. angl. praedecessor . nostror . ea melius quietius liberius & integrius hab●ere hijs testibus &c. datum per manum nostram . f●br . anno regni nostri . his second patent was of this forme . henricus dei gratia , &c. archiepiscopis , episcopis , &c. sciatis nos concessisse et ●ac charta nostra confirmasse pro nobis , et haered . nostris venerab. . pri. randolpho cicistrensi episcopo cancellario nostro cancellariam angliae toto tompore vitae suae cum omnibus pertin. libertatibus & liberis consuetudinibus ad praedict : cancellariam pertinen . quare volumus et firmit ▪ praecipimus pro nob is et haered . nostris , quod praedictus episcopus habeat ipsam cancellariam toto tempere vitae suae cùm omnibus pertinent . libertat ▪ et liberis consuetudinibus ad praedictam cancellariam pertin. sicut praedictum est . testibus &c. datum per manum meum apud westm. quarto die maij an●o regni nostri decimo septimo . this is the transcript of his third patent the same day and yeare . henricus dei gratia , &c. archiepiscopis , &c. sciatis ●os concessisse et hac charta nostra confirmasse venerab. . patri randolpho cicestr . episcopo cancellar. . nostro custodiam sigilli nostri toto tempore vitae suae cum omnibus pertin. libertat . et consuetudinibus ad praedict. custod . pertinent . ita quod sigillum illud portat et custodiat in propria persona sua quamdiu voluerit vel per aliquem virum discretum sufficientem & idoneum assignatsuum qui quidem assignat nob . fidelitat . faciat de fideli servitio & de sigillo nostro loco suo fideliter custodiendo , aut quam custodiam praedicti sigilli recipiat ▪ 〈◊〉 si forte idem assignat . ●suus discesserit , vel vitam suam mutaverit , vel ob causam rationalem per nos vel per ipsum cancellar ▪ amotus fuerit , vel ipse assignat ▪ sigillum illud ulterius portare noluerit , idem cancellarius loco illius assignat . substituat . alium virum discretum sufficientem & idoneum substituat . item quod fidelitatem faciat nobis de fideli servitio suo & de praedicto sigillo loco suo fideliter custodiend . antiqua carstiaca sigilli praedicti recipiat sicut praedictum est , quare volumus & firmiter praecipimus quod praedictus cancellar. . habeat custodiam , &c. hiis testibus , &c. datum per manum nostrum apud westm. quarto die maii anno regni nostri decimo septimo . sometimes the chancellors of england were elected by the nobility , as nicholas of eli was made chancellor by the barons ; but this seemed a usurpation by them , for they were afterwards the most of them most sharply chastised , and the said nicholas deprived by hen. the d. disdaining to have officers of that estate appointed him by his subjects . sometimes the chancellors were created out of the nobility , as richard nevill earle of salisbury , in the time of hen. the . henry bourchier earle of essex , in the time of edw. the . the lord wrotesley , the lord rich , &c. sometimes they were enobled after their advancement to that office , as richard scroope , knight , created lord of boulton , and michael de la pool● created earle of suffolk , in the time of rich. the . sometimes they were the sonnes of noblemen and princes children , as henry ●eauford , sonne of john of caunt , &c. in the time of hen ▪ the . sometimes of base and meane parentage , as wolsey cardinall , &c. sometimes archbishops and clerkes were ordained chancellors , whereof the first archbishop was walter hubert , archbishop of canterbury , in the time of king john , to whom a nobleman said in scor●e , that he had often seen a chancellor made a bishop , but he never before saw an archbishop made a chancellor , where of is to be noted , that many of the former chancellors were not bishops when they were elected to that office , but afterwards promoted to their bishopricks , upon which promotions , many of them did yeeld and surrender up their authority of chancellors , and to this purpose maketh the testimony of thomas walsingham , who writeth that in the year of rich. the . in a parliament holden at london . dominus richardus scroope cessit officio cancellariae , &c. archiep. cantuar. magister simon sudbury contra gradum suae dignitat . ut plurimi conclamabant , illi officio militaturus accessit , sed si ipse illum procuraverit aut sponte susceperit , novit deus . sometimes were chosen to that place archbishops and cardinalls , as john thoresby , archbishop of york and cardinall , &c. in the time of edw. the . &c. sometimes threasaurers of england were advanced to the honour of chancellors , as henry de burgh , in the time of edw. the . sometimes to the office of the keeper of the great seale , as john de cheshall , in the time of henry the . and many other to either of the places sometimes common lawyers were called to be chancellors , as robert ●erning justice , and robert thorpe justice , in the time of edward the . sir thomas moore , in the time of hen. the . and others . sometimes were trusted with the keeping and exercise of the seale , as john maunsell l. chiefe justice , in the time of edw. the . &c. sometimes the lord keeper of the privie seal was made lord chancellor , as edmund stafford , in the time of henry the . and others . sometimes were made keepers of the seale men cunning in the custome of the chancery , as was sylvester de eversden , in the time of hen. . sometime men learned in the civill and common lawes , as william of kilkenny , in the time of the said king . sometimes the master of the r ▪ o●●s , as henry cliffe , in the time of edw. . who was his chancellor also , and others . sometimes a keeper of the wardrobe hath been appointed to keep the seale , as john drakensord to edw. . some have been twice lo. chancellors , as john hotham , in the time of rich. . some thrice , as john stratford , in the time of edward . and sometimes there have been three chancellors in one year , as rotheram , alcoch , and moreton , in the . yeare of htn. . and he that hath been the longest in office , either of chancellor or keeper of the seale , is not remembred to have continued above . years . some with their office of chancellor , have retained other places , as william velson ( after bishop of tel●ard ) was at one time chaplaine and chancellour to william the conquerour ; rannlph brittaine at one time cancellarius regis specialis ( as saith matthew paris ) and treasurer of the chamber : but the mightiest of living by multiplicity of offices that i may readily finde , were john maunsell , in the time of henry the . simon langham , in the time of edw. . john stafford , in the time of hen. . woolsey cardinall , in the time of hen. the . and in honour and temporall dignities , the lord marquesse of winchester , who was keeper of the seal in the time of edw. the . and thus much may suffice for the originall , office , dignity , and election of the lord chancellor . now may something bee added of the conrt of chancery , and authority absolute of the chancellor . as the chancellor is at this day , norma omnium jura reddentium c●●●mnes magistrat ▪ honorun suorum fasces submittere not ●ndignentur : and withall , as budeus calleth them , promus & condus clementiae benigni●atisque principalis , and generally the mouth , the eare , the eye , and the very heart of the prince , so is the court , whereof he hath the most particular administration , the oracle of equity , the store-house of the favor , of justice , of the liberality royall , and of the right pretoriall , which openeth the way to right , giveth power and commission to the judges , hath jurisdiction to correct the rigour of law , by the judgement and discretion of equity and grace . it is the refuge of the poore and afflicted ; it is the altar and sanctuary for such as against the might of rich men , and the countenance of great men cannot maintaine the goodnesse of their cause , and truth of their title , the entry and doore whereof ought , patere omni postulanti omnibus ●oris , nulli tamen ●●are ; which is meant not to gape after such men as bring rewards , o● seek accesse to the help thereof by corruption , and it is called caria , saith valla , a cura , for that care and heed is to be taken therein , for the deciding of controversies ; but it seemeth rather to be called , curia , an assembly , or the place of assembly , &c. like as the kings court was first called curia , for that the court of justice was there first holden . for the originall of this speciall court , is to be considered , that in the time of the saxons and of the danes , the king by himselfe did hold a high court of justice , wherein he sate in person , and did judge not onely according to meer right and law , but also after equity and good conscience ; and this is confirmed by the law of the saxon king edgar , ( viz. ) let no man seek to the king , in matter of variance , unlesse he cannot finde right at home ; but if the right be too heavy for him , then let him seek to the king to have it lightned : the like to this law , is also among the lawes of canutus the dane ; and for the understanding of this right at home , we may remember that in those days were certaine jurisdictions over leets , boroughs , and tythings , &c. and there by authority permitted to the reeves or judges of the lower roomes , for the hearing of sutes of small importance , and grant of greater power to the sheriffes and aldermen which had the charge of greater assemblies , all was retained and reserved to the king himselfe , the decision of such matters as by just cause of appellation ▪ either for law or equity , should be brought before him , to be considered and resolved in the aforesaid high court of the king ; out of which as were the former , so were all the high courts of justice or conscience at this day derived by the ecclesiasticall courts or temporall . and here i might take some fit occasion to touch by the way , how in the parliament , lawes , not onely for civill , and criminall causes , but also for the matters of the church , are made , abrogated or mitigated ; common wrongs not holden in other courts , are there amended and heard , and difficult causes are there ended , attainders confirmed and annulled , corruption of blood there restored , errors committed in other courts there corrected , and all constitutions for the state are there confirmed , &c. how in the kings bench are properly all such causes onely to be handled , which appertaine to the crowne , or wherein the king is a partie , if they be not by commission particularly assigned to some other court . how in the court of common pleas are holden all common pleas between subject and subject of all matters of common law . how in the exchequer are the queenes receipts and her yearly revenues recorded and kept , how it is her common treasury , and a court for justice betweene her majesty and her subjects , &c. how the court of wards and liveries is the court wherein the queenes prerogative for wards is maintained , out of which are sued liveries , and therein their ages are proved which are in ward to the king by reason of tenure , &c. how the court of starre-chamber is ordained to redresse certaine great offences , provided by statute , and appointed to this court . how the duchie court of lancaster is also the queenes court , and of record , wherein are holden all pleas reall and personall , which concerne any the tenants of the duchy lands , now in the hands of her majesty , and parcell of her crowne , but severed in court and jurisdiction . how in the court of requests are holden by vertue of their commission none other but sutes that are made to her majesty by way of supplication , which is called the poore mans court , because he should have right there without paying any money . how the admirall hath disseisin of marine . how the constable and marshall of england determineth the contract , touching deeds of armes out of the realme , and handleth matters concerning warres within the realme , and combats , blazon , and armory , &c. may be tryed by the lawes of the land . how the marshall of the kings house before the stat. of articuli super chartas had authority to heare and determine the pleas of the crowne within the verge , and now hath the hearing of trespasses , contracts and covenants made within the verge , &c. how the court of presidents and councels in the marches of wales , and in the north parts , are courts of equity in their principall jurisdiction , although they doe withall exercise other powers by vertue of other severall commissions that doe accompany the same , &c. i might further busie my selfe with the county courts leets , courts of barons , and courts of pyepowders , &c. the assizes , quarter-sessions , commissions of oyer and determiner , and justices in eyre , to search and set downe when , by whom , and upon what occasion all the aforesaid courts were erected , wherein they doe containe within their appointed limits , and wherein they doe usurp jurisdiction , which was appropriated to some others , &c. but for that the matters to be moved therein would require a severall treatise of every severall court , for the which i feele my selfe very insufficient , i will forbeare at this time to mingle jurisdictions , and onely continue in the course of the court of chancery , the which court i cannot finde in the time of the conquerour , to be served from the court of the king , and appointed to be holden by the chancellor , although i read in that time , and the time of his sonne rufus , the ordinary course of justice was altered in forme , but not in substance , and whether the collegium s●ribarum , founded by the conqueror , whereof he appointed the chancellour to be president , might beare the name and title of a chancery , in very truth i have much doubted , for i cannot gather thereout any jurisdiction to determine causes ; and moreover , i read expresly , that during the reignes of both the williams , hen. . stephen , and hen. the . there continued still a court belonging to the king , which was the place of soveraigne justice , both for matters of law and conscience , called , curia domini regis , and aula regia , for that the prince himselfe did many times sit there in person , and had justices a latere suo sedente , as saith bracton , namely his chief justice , chancelor , constable , marshall and others ; and howbeit in the . year of hen. . by the erection of the common pleas , the common pleas were withdrawn from the court which followed the king , to a place and jurisdiction certaine , it seemeth that by the division of jurisdiction made by bracton in his book which he compiled by the commandement of k. edw. . in the beginning of his reigne , and of the particular authorities delivered out by the king to his justices , comm●ssioners , and delegates , that the jurisdiction o● determining the causes now belonging to this court , did remaine to the exercise of himselfe , and yet was not the jurisdiction of the other courts out of the king , for jurisdiction , as saith bracton , non potest a rege delegare , but the causes proper to this court were managed and determined either by himself in person , or in his absence by his chancellour , councellours of state and iustices of law , that continually attend upon him for that service ▪ namely the justices to informe him of the law , and the chancellor ( which was most usually a spirituall person ) to give advice according to equity and good conscience , in which respect also he was visitor for the king , and passed the presentations of benefices , so that such as sought for reliefe by equity , were sutors to the king himselfe ▪ who being assisted with the chancellor and his councell , did mitigate the severity of the law in his owne person , when it pleased him to be present , and did in absence either referre it to the chancellor alone , or to him or some other of the councell ; yet have i some good causes of conjecture , that the chancellor in those dayes was a judge ordinary in the same court , to hold plea by latin bil , in monstrance de droit ▪ pleas and enterpleas of livery and ouster ie ma●nes , of portions and such like , as a minister to make processe , &c. and therefore i cannot agree with the opinion of some men , that this court of chancery was erected , and first assigned to the lord chancellor , in the . year of edw. . as well for the patentees afore set downe doe grant and confirme unto the said nevill officium cancellariae of the chancery , and not cauc●llarii , which was in hen. . time , as also for that in divers statutes long before this time , and in yeare books , there is mention made of the ordinary authority of the chancellor , the register , and the clerks of the chancery , ( viz. ) in the statute of glouc. in anno . quo warranto , &c. of acton burnell in anno . processe upon recognizance , in westm ▪ . cap. . concordand . cleris . de novo brevi , &c. ad ▪ cap. . champertie , &c. and statut. marchante , brev. al. viscount , &c. in anno . slat . de consultat . procedendo , &c. in anno . articuli super chartas , cap. . follow the king , &c. . seale , &c. in anno . of ed. . and in ed. . his time , anno t. stat. . cap. . writing by dures , &c. anno . cap. . chuse escheators , &c. anno . stat. carhal . adymytt . attorneyes , &c. anno . sacrum clericorum cancellar. . &c. anno . cap. ▪ oath of justices chancery , &c. ad cap. . chancellor and treasurer , &c. anno . cap. . sley chancellor , treason , &c. and ibid. cap. . writ to mayors , &c. anno . ca. fifty wives , &c. in the . of the booke of assizes wee may see partition before this time made in the chancery and execution thereof by scire fac . out of the com . pleas in the ▪ ed. . sute in the chancery by petition to repeale a patent , &c. so may wee remember . ▪ and . edw. . for petitions , &c. before this time , and divers other cases . in . of edw. . an absolute power was by statute given to the chancellor joyntly with the treasurer , to punish divers offences therein mentioned , according as law and reason required , &c. but whether this may be said to give them authority of extraordinary and absolute proceeding against thē , i stand in some doubt ; how be it , i do not think , that the jurisdiction of the chancery was thereby inlarged , but it seemeth very probable , that the statute of . of the same king , though it were not the foundation and erection of the chancery , did notwithstanding adde a great measure of jurisdiction unto the same , for there it was agreed by parliament , that if any man were grieved contrary to the articles in that statute mentioned , which were many and generall ; or others contained in divers statutes , he might come into the chancery , or any for him , and thereof make his complaint , where he should be relieved by force of the said articles and statutes without , elsewhere pursuing to have remedy : by which law , the chancellou● was not onely made sole judge in this court , but was inabled also to proceed in judgement there after his owne discretion , for otherwise the word● without other sute , were not beneficiall ; but saving correction , i take the statute of edw. to be the especiall ground-work of the chancellor his absolute power , where authority is given him upon untrue suggestions , to ordaine and award damages according to his discretion , by expresse word , &c. after which time his power from time to time , vires accrevit eundo , be enlarged by sundry parliaments , as by one , to sen● forth proclamations of rebellions , &c. against such as would not appeare , and by others , both to grant commissions of divers kinds , and to do● many other things , whereof mention shall bee made in the cases set downe hereafter concerning his power absolute , the which is intended the speciall , but an object of this treatise ; now therefore in the meane time may we confidently cali the chancery the kings high court of conscience , made especially to redresse private causes , such as by extremity of law , cannot have agreeable end to equity , by reason of circumstances hindering ; wherein it is to be noted , that conscience is so regarded in this court , that the lawes are not neglected , but they must both meet and joyne in a third , that is in a moderation of extremity . it holdeth plea also of common or civill matters between the prince and his subjects , so farre forth as the same hath to do with petitions , traverses , monstrance de droit , and such like ; out of this court , as from the person of the prince came all manner of originall writs , whereof some are commissional or commissary , giving authority to certaine judges or officers to heare and determine causes , some are certificatory , or remotaries of records , pleas or other acts , some doe command to proceed as writs de procedendo , &c. some inhibit or excuse , as prohibitions , protections , or graunties de jours ▪ and of essoynes , &c. some are deductory , to summon and bring the party impleated into the court , to answer to the plaintiffe . out of this court come most commonly commissions , patents , licenses , inquisitions , &c. of this court is said , ar●icul● super narrationes novas , that it is curia ordinaria , pro brevibus originalibus emendis & concedendis , sed non pro placitis communibus habuendis ; meant , as it seemeth , according to the course of the common law , and in the treatise of diversities of courts , it is noted , that the court of chancery is a court of high nature , out of the which doth proceed writs originall , as is aforesaid , and there a man may traverse offices , and in the same court the kings widdowes shall be sworne that they will not marry without the kings leave before they be endowed ; and it is there said , that the errour upon a patent or traverse there , cannot be reversed anywhere else then in parliament , &c. and in this court a man shall have remedy for such things , for therewith he shall not have remedy at the common law , &c. ibid. in this court of chancery a man shall not bee prejudiced for his mispleading , or for default of forme , but according to the truth of the matter , for that awards there are to be made according unto conscience , and not ex rigore juris ; and further in fleta are these words , fiant autem brevia inde audicialia in cancellaria ea recognitionibus & contractis habitis & inde rotulis cancellariae irrotulatis , et ex recordo consellario & cloricis sibi assasiatus per hanc constitut . concessae quia de h●s quae recordata sunt coram cancellario dom. regis & ejus justitiar . qui recordum habent & in rotulis eorum irrotulantur , non debent fieri processus placiti per summonationem vel attachiamenta essonia visus terrae & alios solempnita●is curiae sicut fieri consuevit in contractibus & commencionibus factis extra curiam , &c. this court is also by some called o●ffic . juris civilis anglorum , because out of this court issue all manner of proces , which give the party his cause of action in other courts . the proces in the chancery is a subpoena , which is to call the party before the chancellour , upon paine of one hundred pounds , &c. and this is the way used to bring in the partie , or else by the serjeant , as shall be said afterwards , and how the paine is but in terrorem , for thereof shall be no forfeiture ; but if the party come not in , or comming in will not obey the order of the court , hee shall be imprisoned , during the pleasure of the lord chancellour , as will appeare in the severall handling of his absolute power , where also will be remembred the stat of . h. . that no subpoena may be granted without suerty to satisfie the defend. for his damages and expences , ●f the matter cannot be made good , which is contained in the bill , &c. the order of proceeding in the chancery is by injunctions , decrees , and orders , the which how farre they binde the party , and how hee is punished by imprisonment , for resisting them , shall be also shewed in the cases of the power absolute hereafter plaeed . the judge in this court , is the lord chancellour onely , and he is keeper also of the great seale , the which is usually carryed with him wheresoever he goeth , so he goe not beyond the seas , for then he is to leave it behinde him to such for whose fidelity he will answer ; as did john stratford chancellour and embassadour in the time of edw. . and so did stephen gardiner , in the time of queen mary , when he went to calice , leave the seale with the marquesse of winton , the which lesson he might learne by the chastisement of cardinall woolsey , who carried the same beyond the seas to calice , where he left it with doctor taylor , mr. of the rolls , to keep untill his returne out of the french dominions . yet may there be other occasions also , for the which the chancellour may commit the same to other mens custody , as did robert thorpe chancellor , in the time of edw. . at his going hom to his owne house hee left the great seale with foure of the guardians , or masters of the chancery , to keep and ufe as need required . further for the keeping of the seale wee may remember , that as the king himselfe doth deliver the same unto the chancellor , so may he not surrender it to any other but to the same king or to his successor . to this purpose saith thomas walsingham , that sir richard scroope having very solemne messengers sent unto him from rich. . and that in the kings displeasure , to demand the great seale to be committed unto them : his answer was , the seale i am ready to resigne , not unto you , but unto him which gave me the same in custody : nec erit medius portitor inter me & illum , sed ego restituam illud manibus suis qui mihi propriis non alicujus manibus commisit illud . et ita pergens ad regem sigillum quidem retradidit , & se fidelem regi s●cut hactenus repromisit ●fficiaturum tamen se futurum sub ●llo in posterum denegavit , &c. yet seemeth it not so necessary , that the chancellor deliver it with his owne hands : for it is written that r. baldolke , chancellor , upon the death of edw. . did send the great seale to ed. . and thomas rotheram was shrewdly blamed for that he rendred the seale to the queen widdow , to whom it did not appertaine after the death of edw. . and in the circumstance of the delivery thereof we may also note this difference , that the chancellour hath heretofore received an oath with the receipt of the same , although the keeper of the sease doth receive it without oath , for so it is recorded , that rich. . manibus suis propriis received the seale , et ineontinenter praedictus dom. nost . dictum magnum sigillum suum in bago sic inclusum venerab. . in christ . patri . edoard . episc. exon. cujus sacrum de officio cancellarii bene & fideliter faciend . & excereend . ib. recepit in praesentia , &c. liberavit . the forme or fashion of this seale is usually altered upon every succession , the print whereof is directed by the pleasure of the prince , the validity thereof i dare not to dispute , for that on the one side it is said by the justices in the reports of the . and . of this queene , that a patent under the great seale is good , though the chancellour have not warranty to make it . and on the other side , the history is not forgotten , of the duke of northumberland , who alleged , as is reported , the great seale for his warrant , &c. which was not accepted , and moreover is recorded in the time of hen. the . a confirmation of such deeds , &c. as had past the great seale , ( viz. ) henry by the grace of god , &c. to our chancellor of england , greeting . all such grants as that sith the tenth yeare of our reigne , untill this time , you by force and vertue of bills with our owne hand , and by letters under our signet of the eagle and armes , and also by bills endorsed by our chamberlains hand , and clerks of our coun●ell , have made our letters patents under our great seale , wee hold them firme and stable , and of as great strenght , &c. as though you had for them our letters of privie seale , &c. long before which time there was a statute made in the . yeare of edw. . ( viz. ) it shall not be commanded by the great or little seale , to delay or disturbe common right , and though such commandment doe come , the justices therefore shall not cease to doe right in any point ; and by the statute of articles , super charia , cap. . it is forbidden that from thenceforth should passe under the little seale , any writ that concerneth common law ; and long after this time also ( viz. ) . & . phil. and mary , cap. . it is ordained , that the king under the great seale of england may unite lands to the duchy of lancaster ; but for the manner of renewing the seale , the defacing and bestowing of the old , with the proclamation and notification of the ne , we may observe the ancient manner out of these words remaining in the tower of the time of edward the first , ( viz. ) rex vic. ebor. salu●em . quia pro regimine regni nostri quoddam magnum sigillum de novo fecimus fabricari differenetam in circumferentia ●uam in diversi● sculpturis ex utraque parte sigilli sigillo a quo hucusque utebamur , & volumus quod eidem novo sigillo a quarto die praesen● ▪ mensis octob ▪ fides prebeatur & dictum antiquum sigillū●umpa●u● deinde post p●aedictum q●ar●um diem aliqua brevia seu litera nullaetenus consignentar & impressionem dicti sigilli novi in cera alba tibi duximus transmittendam tibi praecipimus quod in pleno comitatu tu● mercatis feriis & locis aliis in balliva tu ▪ a ubi expedere videris dictam impressionem ▪ ●stondi & pace fieri facias omnibus & singulis ex parte nostra injungend . quod ▪ b●ev . brevis literis & chartis dicto novo sigilo consignatis fidem praebeant & aliqua brevia seu literas post praedictum quartum diem antiquo sigillo signat . non recipiant nec eis utantur quoquomodo , volumus tamen quod brevia literae & chart . praedicto antiquo sigillo ante praedictum quartum diem consignat ▪ in suo robore perseverent & eis fides praebeat . prout decet teste rege apud nottingham tertio die octobris , &c. eodem modo mandatum est singulis vicecom . per angliam , and further . memorandum quod die dominiea , ( viz. ) quarto die octob. anno regni ed. primo ; eliens . episcop . cancellar. . ipsius regis in camera sua in priorat . de lenta juxta nottingham in praesen ▪ clericor . de can●el●ar . & aliorum tuuc ibidem existen . protulit in quodam panno lineo sigillo suo consignat : quoddam magnum sigillum ipsius regis de novo fabricatū & asseru●t quod voluntas ipsius regis fuit quod extunc . omnia brev. lit , et c●artae ipso novo sigillo consigna●en . & quod anti● . sigil ▪ rumperat . et diae lunae prox . sequen . in praesentia ipsius regis in cam. sua in castro de not. dict. antiq. sigil . praecipiente ipso rege ruptum fuit in m●ltas pecias & idem cancellarius pecias illas dedit richar . spigurnello ipsius cancellar. . & dictum novum sigillum ad dictum hospitium suum secum detulit & inde brevia chartas & literas consignavit , &c. and to the same purpose of bestowing the old seale , appeareth in richard the . a writ directed to the treasurer , &c. of the exchequer in this form . rex thesa●rar , et camerar. quia ex relata fide dignor . accepimus quod quotiescunque magnum sigillum quod pro regimine regni nostri angl. ordinat . existit per mortem regis aut alio modo mutari contigerit sigillum illu● spigurnello cancellar. . nostrae pro tempor● existen. tanquam feodum suum de jure pertinere debet , nos volentes dilecto nobis willialm . wightman spigurnello cancellar. . nostra pro feod . suo magni sigilli dom . ed. nuper regis angl. avi nostri quod post mortem dict. avi nostri cum gubernaculum regni praedict. suscepimus mutatum existit satisfieri jubere vobis mandamus qud cidem williel ▪ centum solid . pro feodo suo sigilli praedict. de thesauro nostro solvatis excusa praed. teste rege apud westm. . die junij , &c. the assistants of the lord chancellour are the masters of the rolls , and the masters of the chancery . the chancellor and the master of the rolls , have been heretofore spirituall persons , it appeareth by the election of bishops , &c. before rehearsed , to the place of chancellor , and by a patent of ed. the . the master of the rolls was appointed and installed in the house of the rolls in chancery-lane by the lord chancellor , the which manner of induction and installment continued as long as the masters of the rolls were of the clergy , which may be proved by the presidents of those inrollments , and the writs themselves extant of record . the mr. of the rolls at this day is the keeper of all records , judgements and sentences given in the chancery . besides that , in the absence of the chancellor he doth both heare and decree , &c. as well in the court , as in the chappell of the rolls , howbeit the decrees made by him are entred either per curiam , or per cancellar. . and further , he hath much preheminence , and divers prerogatives by statutes , commission , and prescription . the masters of the chancery are , for the most part , doctors of the civill law , and doe assist the court , to shew what is the equity of the civill law , and what is conscience ; but surely they have bin heretofore such as have beene expert in the course of the chancery , and skilfull in the lawes of the realme ; as appeareth by the d . of rich : d. where they doe shew unto the justice , the course of writs of error , and may be gathered out of the book , intituled fleta , whose words are these . est inter caetera quoddam officium quod dicitur cancellaria quod in viro provido & discreto utpote episcopo vel clerico magnae dignitatis debet comitti simul cum cura magni sigilli regni cujus substituti sunt omnes cancellarij in anglia , hibernia , wallia , & scotia , omnes quae sigilla regis custodientes ubique praeter custodem sigilli privati , cui● associentur clerici honesti & circumspecti domino regi jurat ▪ qui in legibus & cons●e●udinibus anglicanis notitiam habent pleniorem quorum officium sit supplicationes & querelas conquerentium audire & eis super qualitatibus injuriarum ostensurum debitum remedium exhiberi per brevia regis , &c. and further of the masters of the chancery ibidem . episcopi autem collaterales & socij cancellarij esse dicuntur praeceptores eo quod brevia causis examinatis remedialia fieri praecipiant & hoc quandoque tam sive denarijs ad opus regis tam sive fine , &c. the officers in this court are the pregnatory of whose office in fleta is written thus . habet & rex clericos suos prothonataries in officio illo , qui cum clericis , &c. familiares regis esso consueverunt & praecipue ad victum & vestitum qui ad brevia scribend . secund. diversitates queretarum sunt intitulati & qui omnes pro victu & vestitut de proficuo sigilli in cujuscunque usus pervenerit debent honeste inveniri . but at this day there is but one pregnatory , neither doth he exercise his office in the form abovesaid . the clerk of the crown is the chief guardian of the matters of the crown . the six clarks of the chancery , which are the attornies , as well for the plaintiffe as defendant , in every sute in this court , and they were heretofore spirituall men , as may appear by the statute . hen. . which doth license them to marry , with proviso ; that the master of the rolls may notwithstanding grant those offices as before time , the forfeiture by reason of marriage only excepted . the register , who is the penner and keeper of the decrees , publications , orders and injunctions issuing out of this court . the comptroller of the seale , who is to see and allow of all the writs made in the court , of whom i take it is spoken in fleta ▪ where it is said ; eleget & rex clericos in officio illo expertes & legales qui formas brevium cognoscunt qui approband . admittant , defectiva omnino repellan . quibus omnia brevia priusquam ad sigillum perveniunt cum deliberatione distincte et aperte in ration . dictione litera & silliba examinare injunctum est ▪ & sciend . quod nullum brenisi per manus ●orand ▪ debet ad sigillum admit●i . two examiners also , who do take the examination of the witnesses , brought to prove or disprove any thing in sute in this court , and to put their depositions and answers made to their interrogatories in writing . the clerk of the hamper , which doth receive the fines , due for every writ sealed in this court , &c. the three clerks of the pettibagge , which doe record the offices that are found in the court of wards , and have the making of divers writs proper to their office , &c. the . cursitors have sundry divisions of charges , for the writing of all writs originals , &c. in all the shires of england , &c. qui bus de gratia cancellaria concessum est pro expeditione populi , brevia facere cursoria , as is in fleta ; the which cursitor s at this day , by ordinance set downe by the deceased sir nicholas bacon lord keeper , and confirmed by her majesties letters patents , are authorized and appointed to make all manner of writs of debt , trespasse , accompt , assizes , attaints , replevies , conspiracies , cui in vita dower , and forme ▪ dons , ejectments of leases and custodies , errors , false judgments , petitions quare impedit , recordaries and writs of right , valore marritagij , wast , excommunicat . ca●iend . and all writs of covenant , and of every and all manner of dedimus potestat . to be made upon any such writs , and originall processe , and all other originall writs , or of the nature of originall vvrits , that are to be made within the shires and places to them allotted ; and that no other person shall make these writs but they , by which ordinance also the nomination and allowance of these cursitors , doth appertain to the chancellor or keeper of the great seale for the time being , as in the said ordinances is declared , together with all other orders , &c. concerning the said company , whereof is to be observed , that although by the late lord keeper the writing of the aforesaid vvrits was particularly assigned to such particular officers , yet were there cursitors before that time , of the same name , and of the same exercise . the serjeant of the mace , who carrieth the mace before the lord chancellor , and is to call any man before him , at his commandement . there is also mentioned in record of edw. ●officium de portandi votulis ubi curia se divertabat priusquam in loco certo tenebatur vocat por●j . concessum adamo marlyn , &c. the which is the same office of keeper of the rolls at this day . and this place in the th year of edw. . was granted by the chancellor and master of the rolls , the which grant remaineth upon record . other officers there are for particular functions in the chancery , granted by patent from the prince , as of making the vvrit of diem clausit extremum , making of subpoena's , writing the liecnse of alienation , of protections , and a great number of others of the like nature ; so are there also the sealer , the chafe-wax , &c. some are constituted by parliament to be ordained by the kings letters patents , as the writer and inroller of confirmations of all such licenses , dispensations , &c. as shall be brought into the chancery , under the archbishop of canterbury his seal , &c. for the oath to be taken by the clerks of the chancery may be seen the statute of . ed. . which is to be taken not by the six clerks only , but by all other officers in the chancery , of the like quality , and their servants also . moreover for the privilege of the officers in the chancery there is a record of rich. the . quod clerici ibidem nec eorum servientes non c●gantur respondere coram aliquibus justiciarijs & judicibus secularibus praeter quam coram cancellario regis seu custoae magni sigilli regis super aliquibus placitis seu demandis quae dom. regem non tanguut ( except placitis de libero tent . felon . & apellis b●ev . regis . anno secundo , r. parte secunda , article . the forme of their privilege is set down in the register of writs ; and in the new natura brevium . the masters of the chancery have privilege to be exempted from be●ng procurators of the clergy . but leave we the officers , to speak something more largely of the power of the aforesaid judg , which is the chancellor , &c. wherin will fall out some further matter concerning the chancery . the absolute power of the lord chancellor . the power of the lord chancellor is divided into two parts , the one judiciall , and the other ministeriall ; the judiciall is likewise of two distinct sorts , ( viz. ) either absolute , or else ordinary ; whereof intending to proceed to their particular discourse , i have chosen the absolute power to be the first , as well for that it proceedeth in dignity , being absolute without comptrollment , other than in parliament ; as also it spreadeth it self most largely , being most infinite , without any prescribed limitation , intending to leave the rest to be hereafter severally handled with better opportunity . in this present treatise i have plainely and faithfully set down the cases , opinions , and decrees , in such sort as they may , by the reports of the year-books , and by the ancientest sort of records in the chancery , be best warranted ; and have thought fitter to set down the makers of the statutes , and the pronouncers of the law to be heard as it were speaking in their own phrases and proper terms , than that i should presumptuously wrest the same into any other curious method , only i had regard unto two things , the manner of proceeding , and the matter of the subject , unto the first i referred these titles following , ( viz. ) chap. . of the authority judiciall of the lord chancellor , and court of chancery in generall for praesenti . chap. . what matters he may absolutely hold plea of , in his absolute power . chap. . whom he may call to be assistants . chap. . how the absolute power increased , and of the statutes concerning the same . chap. . of what force the decrees , injunctions , executions and punishments of the chancery be . chap. . whether the chancellor may intermixe his power absolute , with the ordinary . chap. . the forme of pleadings . chap. . what costs and damages shall be awarded in the chancery . and under the second i have contrived these titles . chap. . of lands . chap. . of lands in use , or in trust . chap. . of coppy-holds . chap. . of chatells reall . chap. . of chatells personall . chap. . of chatells intrust . chap. . of aliens , and strangers . chap. . certaine speciall powers absolute , given to the lord chancellor by severall statutes . chap. . certaine speciall powers absolute , given to the lord chancellor joyntly with others , by severall statutes . chap. i. of the authority iudiciall of the lord chancellor , and court of chancery in generall . the chancellor hath two manner of powers , ( viz. ) potentiam ordinatam , and potentiam absolutā ; ordinata potentia , is where a certain order is observed , and so it is used in positive law . but potentia absoluta , is lex naturae , quae non habet certam ordinem , but useth all meanes to know the verity , et ideo dicitur processus absolutus , also in lege naturae requiritur , that the parties be praesentes , or that they be absentes , per contumaciam , which is when they are warned , and make default , and in both these there must be excommunicatio veritatis per cancellar. . . e. . . subpoena , . b. conscientiae , . b. jurisdict. . . . the chancery is no court of record , in respect that it is a court of conscience , and holdeth plea upon subpoena , but as it tryeth matter upon scir. fac . and debt , and such like , it is a court of record , per prisc. cap. justic. in com. banco , . h. . . . if a statute do ordain processe at the common law , the chancery doth not follow the form prescribed by the statute ; but if a statute doth give a title of right to any man , then the chancery doth obey the statute ; per cancellar. . . e. . . this is to be understood of generall statutes , in which the court of chancery is not expresly named . . the chancery may hold plea upon scir. fac . and other such writs as appertain to that court , as well out of the term as in the term , per fitz harbert in natura brevium . b. jurisdict. . . . when the term is adjourned by reason of sicknesse , or of any other cause ; yet the chancery is never adjourned ; for the chancery is alwaies open , . e. . . b. jurisdict. . . in an audita querela sued to avoid a recognizance , knowledged in the chancery , the chancellor ought to judge according to the course of the common law , because the matter commeth before him by originall writ , but upon matters depending before him upon bill , he may judge according to conscience ▪ . e. , con. . casus rosse & pope . . the ceancellor ought not to take precise knowledge of any surmizes , nor ought not to take away the jurisdiction of any court , nor the profit of any person , by credit or suggestions , . e. . con. . casus wymbish , &c. . by these authorities it appeareth , that 〈◊〉 hath two powers , th' one ordinary , th' other absolute : by the ordinary , he holdeth plea in latin , and the record after issue joyned , is sent into the kings bench , to be tryed by jury . and this is wholly according to common law , and in such it is a court of record ; but the absolute power holdeth plea upon subpoena , and by english bill , and by pleading , and so it hath been used , excepting in anno . h. . there are some bils in french , as appeareth by the records of that year , and he intermedleth only with matters of conscience , and therein it is no court of record , and in both these powers he may hold plea out of the terme . chap. ii. what matters he may hold plea of in the absolute power . . the chancery in the absolute power , holdeth sute by subpoena only , of such matters as are nor remediable by the common law , per prisot . capit . justic. in com. banco . h. . . & per jenney apprentic . . e. . . . conscience , . & . e. . . subp. . . it appeareth that in anno . e. . many subpoena's were used to be sued , and therefore fairfax justice said ; that if the chancellors would be good pleaders , there would not be so many subpoena's sued in the chancery as there are , for divers of those chancery matters might be converted to actions upon the case , and so the jurisdiction of the common law courts should ●e maintained , as for example ; if one do obtain a supersed . of privilege upon a false surmise , an action upon the case doth lye , and there needeth no subpoena . . e. . . . the chancellor must judge secundum conscientiam , & non secundum allegatum . for if the complaintiffe suppose in his bill , that the defendant hath done some wrong , and the defendant answereth nothing ; yet if the chancellor hath knowledge that he hath done no wrong to the complaintiffe , the complaintiffe shall not recover at all , per cancel . . e. . . subp. . b. consc. . & . jurisdictions . . one sued by bill in the chancery , and he could not prove his bill , but the proofe of the defendant was better than his ; wherefore grevill serjeant said , that the defendant ought to have judgment to be discharged , and complaintiffe to be barred ; to whom it was said for the complaintiffe , that the matter is determinable at the common-law , and therefore such judgements may not be given ; and grevill said , that the complaintiffe shall be estopped to sue so , because it is his own doing ; and when one sueth a bill , he must prove his bill before he shall have judgment , although the defendant never answered : and the chancellor was of the same opinion ▪ but yet conesby serjeant , said to the defendant , that he should never have judgment in the chancery upon the matter , but only a procedendo . h. . . h. . by these causes it appeareth , that the chancellor holdeth plea but of matter not remediable by the common law , and that he must judge according to truth , and not upon the default of the party , as the common law u●●●h . . note that in ancient time , where the matter was against reason , and the party had no remedy by the common law , it was used to sue for remedy in parliament , and the parliaments were holden of course , twice every year , but now most of those sutes are in the chancery , and the parliaments are not so often holden , vide rot. parl. & brooke parl. . . the chancellor said , nullus recedat ▪ a cur cancellar. . sine remedio ; but fineux said , si nul ▪ lus recedat sine remedio ergo nullus indiget esse confessus , but the common law is ordained for many matters , and some , such as are not remediable by the common law , are to be relieved in the chancery , but divers are remediable by neither ; and such are in conscience between a man and his confessor , ▪ h. . ▪ . in many cases where a man doth wrong , yet he shall not be compelled by way of compulsion , to reform it , for many times it must be left to the conscience of the party , whether he will redresse it or not , and in such case he is in conscience , as well bound to redresse it , if he will save his soule , as he were if he were compellable thereto by the law . as if the defendant wage his law in an action of debt , brought upon a true debt , the plaintiffe hath no means to come by his debt , by way of compulsion , neither by subpoena , nor otherwise , and yet the defendant is bound in conscience to pay him . also , if the grand jury in attaint affirm a false verdict , given by a petty jury , there is no other remedy but the conscience of the party : also where there can be had no sufficient proof , there can be no remedy in the chancery , no more than there may be in the spirituall court , as doctor and student , c● . . . note by these two last authorities , that there are two sorts of ●●ges conscientiae , the one is lex conscientiae politicae , by which the chancellor ordereth matters ; in which law of conscience , there is respect had unto the lawes , customes , and state of this commonwealth , and the other is lex conscientiae divinae , by which there is no compulsive relief in this world , but the offendor standeth at the judgment of god only , and this in times past was said to be examinable between the offendor and the confessor . note also that this rule , nullus recedat a cancellar. . sine remedio , is to be expounded that the chancery giveth remedy for the common law matters , by granting of the originall writs , which are for the most part returnable into the common law courts ; and for matter of conscience , by examining them in the chancery it self , neither doth this rule any way extend to the law of conscience divine . the statute made in the . h. . is this ▪ that whereas in plea reall as well as personall , after judgment given in the kings courts , the parties be made to come upon grievous paine , sometimes before the king himself , sometimes before the kings councell , and sometimes into the parliament , to make new answer thereunto , to the great annoyance of the parties , and in subversion of the common law . it is ordained , that after judgment be given in the kings courts the parties and their heirs be thereof quiet , untill the judgment be admitted by attaint or by error , if there be any error , as it hath beene used by the law , in the time of the kings progenitors . stat. anno . h . ca. . and upon the said statute is made by doctor and student an inference , ( viz. ) there is a statute , made . h. . cap. . whereby it is enacted ; that judgements given in the kings courts , shall not be examined in the chancery , parliament , nor else where ; by which statute it appeares , that if any judgement be given in the kings courts against conscience , that there can be had no remedy , for the judgement cannot be remedied without examination , and the examination is by that statute prohibited ; yet this statute is not against conscience : for if such judgments should be examined in the chancery before the counsell , or in any other place , the plaintiffes should seldome come to the effect of their sure , nor the law should never have end ; to eschew that inconvenience the statute was made , lib. doct. & stud. cap. . note by that statute , and by this explanation thereof , that the chancery may not examine , nor intermeddle after judgement is given at the common law , and yet the statute speaketh not expresly of the chancery . chap. iii. whom he may call to be assistants to him . in a parliament holden in the d. yeare of h. . the commons exhibited a petition , conceiving that the justices of both the benches were called into the chancery from both their places , to help the discussing of matters traversed into the chancery , whereby the common law was hindred , and the subjects damaged , and therefore they prayed ; that it might be enacted , that when any traverse of any office is tendred in any scir. fac . awarded , that the same may be sent and returned into one of the benches , there to be discussed and ended according to common law . to which petition the king answered , the chancellor may do so by his office , and let it be as it hath been heretofore , by the discretion of the chancellor for the time being , rot , parl. anno. . h. . artic. . . the statute de anno . h. . is , let the chancellor have power , by authority of parliament , to call unto him such justices as it shall please him , and the chiefe baron of the exchequer it need be , to provide remedy from time to time , according to their diseretion . stat. anno . h. . cap. . in most of the time of h. . the decrees were entred in this forme , considerat . fuit per cur . de assensu johannis fortescue milit. capitalis jus●ic . dom ▪ regis , ad placita tenend. . & diversor . alior . justic. & servient . ad legem in cur. praesent . existent . quod , &c. and sometime it was de assensu omnium justic. utriusque banci . and sometimes of one or two justices , petition in cancellar. . de temps h. . in the chancery upon a subpoena sued , the matter being doubtfull in law , the chancellor adjourned the parties into the exchequer chamber , and called the justices of both benches to assist him . . h. . . b. consc. . & . h. . b. consc. & . e. . . & . e. . b. the lord chancellor called fi●z-harbert , justice into the chancery , to assist him in the argument of a question in law , arising upon a sute of conscience , . h. . by these authorities it is evident , that the chancellor may , as well in matters conce ning the absolute , as ordinary power , call the justices to assist him , and that either into the chancery , or into the exchequer chamber . chap. iv. how the absolute power increased , and of the statutes concerning the same . the statute of magna charta is , that nul●us liber homo ca●iatur , vel impriso●etur aut d●●ss●is●tur , de libero tenemento suo , vel libertat . vel liberis consuetudinibus suis , aut ut legetur , aut ●xuletur , aut aliquo modo disturbatur , nec super eumibimus , ●ec super eum mittemus , nis● per legem terrae , magna charta cap. . this chapter is but a confirmation of the custom of the realme , lib. doct. & student , cap. . . the statute of the . e. . is , that none shall be attached , by any accusation , nor forejudged of life nor limb , nor his lands , tenements , goods nor chatels seized into the kings hands , against the form of the great charter , and the law of the land . statute , e. . cap. . . the statute of . e. . is , that none shal b● taken , by petition or suggestion made to the king , or to his councell , unlesse it be by indictment , or presentment of good and lawfull men where such deeds be done , in due manner , or by proces made by writ , or originall at the common law , nor that none be put out of the franchises , nor of their free holds , unlesse he be duely brought in to answer , and forejudged of the same by way of law , and if any thing be done against the same , it shall be redresled , and holden for non-stature . anno . edw. . cap. th . . the statute . e. . is that no man shall be put out of any land or tenement , or taken , or imprisoned , or disherited , or put to death , without being brought in to answer by due proces of the law . statute anno . e. . cap. . . by these statutes it seemeth that neither the king , counsell , not chancellor , might not atach , imprison , banish , or put to death any man , nor seize his lands nor goods , or cause him to answer , but upon indictment , presentment , or originall , as in the case ensuing . a commission was awarded out of the chancery in . e. . to commissioners , authorising them to apprehend a man and his goods , and to commit him to prison , and because this was done without indictment , or sute of any party , or other due proces , it is contrary to the law , and the commission was adjudged void , per knivet & thorpe , captal . justic. . assi. & crompton . the statute of . e . that though it be not conteined in the great charter , that no man be taken , imprisoned , or put out of his freehold , without proces of the law , yet divers people make false suggestions to the king himself , as well for malice as otherwise , whereby the king is often grieved , and divers of the realm put to great damage and losse , against the form of the same charter . wherefore it is ordained , that all they that make such suggestions ▪ be sent before the chancellor , treasurer , and his great counsell , and that they there finde surety to pursue their suggestions , and to incurre the same pain that the other should have had if he were attached , in case that this suggestion be found evill , and then proces of the law be made against them , without being taken or imprisoned , against the forme of the great charter . stat. . e. . cap. . but this punishment is qualified by another statute . by this statute , the abuse of suggestions was reserved and a form of proceeding appointed , also it seemeth to allow , that the party accused may have punishment , if the suggestion be true , by these words [ the same paine as the other should have had if he were attainted . ] also , though the statute make mention that the petition be sent before the chancellor , treasurer , and counsell , yet this hath been expounded of the chancellor in the chancery alone , as experience teacheth , and so was the law taken before the making of this statute , in anno . e. . . b. jurisdiction . notwithstanding that the petitioners , were by the indorsement directed to the archbishop and counsell , calling to them the chancellor . the s●●tute of anno . e. . is , that some accused persons have been imprisoned , and others compel'd ●o come before the kings counsell b● writ or otherwise , upon a greivous paine against the law ; it is therefore affented , that no man be put to answer without presentments before justices , or thing upon record , or by due processe , or by writ originall , according to the old law of the land ; and if an● thing from henceforth be done to the contrary , it shall be void in the law , and holden for error . stat. anno . e. cap. . . by this statute it appeareth , that men had been compelled to come before the counsell by writ or otherwise , upon grievous paine , which imployeth the usage of the subpoena , but it was all restrained by this act . . the statute of . r. ● . vvhen people be compelled to come before the kings counsell , or in the chancery by writ grounded upon untrue suggestions , the chancellor for the time being , by and by after such suggestions be duly found and proved untrue , shall have power to ordaine and award damages according to his discretion , to him which is so troubled untruly , stat. anno . r. . cap. . . this statute , as it giveth damages against the accuser for it , establisheth the authority of the chancellor in trying of such sutes , for the makers of the statute would not ordain punishment for the abusers of such suggestions , unlesse they had meant to allow of the sutes being orderly used , and this statute seemeth to give the first and greatest allowance to the jurisdiction of the chancery by subpoena , which appeareth by petition made by the commons , in a parliament holden . h. . where they complained , that the vvrits , called subpoena , et certis de causis , were never granted before the time of r : . the art ▪ of which complaint are as followeth . in the third year of king h : the commons exhibited a petition unto the parliament , concerning the grievances that did arise by the sutes of subpoena in the chancery and exchequer ( viz. ) that these writs were sued of matters determinable by the common law . that they were never granted nor used before the time of richard the second , wherein john waltham late bishop of sarum , and the master of the rolls , by his subtilty caused them to be found out , and to begin , that they are contrary to the form of the common law . that they are a losse and hindrance of the proffits which should arise to the king , by the fees , fines , issues and amerciaments , and other profits in other courts , if such matters were sued and determined by the common-law , because no profit ariseth to the king by the subpoena , but only d. for the seal . that the justices of both benches , when they should intend their places , about pleas and taking of inquests , for the dispatch of the people , be occupied with the examinations upon subpoenas , to the great vexation , losse , and costage of the people subjects . that the subjects are long time delayed from the sealing of their originall writs , because of the great businesse of the chancellor about such examinations . that in such examinations there is great clamor and noise made by men unlearned in the laws without entring any record thereof . that such sutes will not be ended but by examination and oath of the parties , according to the form of the civil law and spiritual law , in subversion of the common law . that if the defendant cannot be convicted by their examinations , then they are forced to compound and agree with their adversaries ; or else to abide in ward , or upon baile , untill they have compounded or agreed . that if the defendants cannot be convicted by their examinations , then they are forced to find suerties for the peace , which they might have done in their country , without repaire to the courts . vvherefore they pray redresse after speciall form in the bill limited , but this bill passeth not . rot. parl. anno . hen. . art. . . the statute made in the . h. . is , that divers persons have been greatly grieved by writ of subpoena , purchased for matters determinable by the common law of this land , to the great damage of such persons so vexed , in subversion and impediment of the common-law , the king will , that the statutes thereof made , shall be kept after the form and effect of the same , and that no writ of subpoena be granted , till surety be found to ●atisfie the party so grieved and vexed for his damages and expences ( if so be the matcer cannot be made good , which is contained in the n bill . ) statute anno . hen. . cap the th . . this statute explaineth , that the making of the great charter , and the other old statutes , was to redresse suggestions to the kings counsell or chancellor , where the matters were determinable at the common law , but exte●deth not to such as had no other remedy ▪ for this statute willeth that the old statutes shall stand , and yet alloweth a subpoena to be granted , upon putting in of sureties ▪ it is proved also by this president . note also that there are no petitions of the chancery , remaining in the office of records , of elder time then the making of the said statute . . one sued by petition to the king , who delivered the same to the chancellor , and upon a scire sac . the defendant appearing , took exception , alleging ; that his sute is to recover his freehold which ought to be at the common law , & non allocatur , because this sute cannot be in any court but in the chancery , . e. . . jurisdict. . . note also that there are no petitions of the chancery remaining in the office of records , of elder time , then the making of the statute of the . h : . for the ancientest to oe found are in the th . yeare . so that by this may appear , that the absolute power was feared , and prevented in the time of k. john , by whom the magna charta ▪ was granted , and that it was frequented and usurped in the time of edward . who so often restrained the same , and it was allowed and established in the time of r : . who in some part made reformation thereof . chap. v. of what force the decrees , and injunctions , executions , and punishments of the chancery be . . in an assize , the parliament wrote to the justices to surcease , notwithstanding which they proceeded , and awarded the assize ; whereupon the chancellor did reverse the judgment before the councell , this reversall was adjudged void , for that was no place where a judgment might be reversed , . e . . b. judges . it was decreed in the chancery , by the advice of all the justices , that the defendant should bring in an obligation , wherein the complaintiffe was bound to him to be cancelled , and because he refused , hee was committed to the fleete , there to remain untill he would fulfill the decree , and the defendant having put his obligation in sute at the common law , the complaintiffe pleaded this decree in barre , and it was ruled to be no good plea in barre , because the obligation had lost his force by the decree per p●iso● & alios justic. in com . banco . and if it had been decreed by expresse words , that the obligation should lose his force , these words in the decree would have bin voyd at the common law , per billing serjeant , and of the councellors aw●rd a supersed ▪ under the great seal , reversing the decree , and commanding the justices not to proceed at the common law , the same is not to be obeyed , otherwise it is a supers . of privilege , per billing & boef s●rj●ants , . henry . . barre . b consc. . if a feoffee upon trust , refuse to performe the trust , and upon sub●oe●● ▪ in chancery it is decreed that he shall reinfeoffe the feoffor , and he refuse and is committed , if the feoffor enter into the land , and the feoffee bring an assize against him , this decree is no plea in barre to the assize , per laicon serjeant . . h. . . . note that judgment was glven in the chancery in pleas of debt or of patents may be pleaded in any other court at the common law , other . wist it is of decrees made , thereupon a subdoena , because it is no court of record , in respect of such sutes , per prisott : cap. justic. co. ba. . h. . . . note that if it be decreed that a defendant shall bring in an obligation to be cancelled , the chancellor can do no otherwise but command him to prison , to remain there untill he will doe it , and that is all which the chancellor can doe , for if the party will lye in prison , rather than deliver the obligation , the complaintiffe is without remedy , per prisot . cap. just . co. ba. h. . . . note that young justice demanded this question , what if the chancellor should command me upon a pain , that i should not sue my debtor ? billing justice answered , that he were not bound to obey it ; for that commandement is contrary to law : . e. . . b. judges . but this is meant of a commandement , no bill being exhibited . . in an action of trespasse , the plaintiffe recovered by verd●ct at nisi prius before judgment ; the chancellor granted an injunction , commanding the plaintiffe that he should not proceed to judgment upon pain of l . fairfax justice said , that although the injunction were against the plaintiffe , yet his attorney might pray jument , vel è contra : hussey chief justice of england said , that they had communed upon the matter , and they could se●●o hurt that could come to the plaintiffe , although he prayed judgement contrary unto the injunction , for the law doth not give any forfeiture of the summe conteined in the subpoena , and if he be committed to the fleet wee will ptesently grant a habeas corpus ret before us , and then we will dismisse him , and the justices said , though the chancellor would not disallow the injunction , yet they would give judgment if the party would desire it , quod notum banco regis , . e. . . . judgement . . king richard the third called before him into the inner starchamber all his justices , and demanded of them this question among others , that whereas tho. staunton had iudgement in the chancery , to recover against tho. gate certain lands and tenements , and in execution thereupon , yet tho. gate , contrary to the judgment and execution entred into the lands ; where unto the chief justices answered , that if gate had notice of the judgment , then at al times after such notice the chancellor might compell him by imprisonment . . r. . . . a feoffee upon trust , was enjoyned to make estate to the feoffee before a certain day , subpoena l . and he did nor perform the injunction , and h●ssey chief justice of england , and vavisor justices , and divers apprentices said cleerly , that there could no ▪ scire fac . or other proces be awarded for the king against the party , to levy the l . because it is but a pain ; and if the defendant make default in a supoena , the pain is not forfeited , for it is put in the writ but only interiorem , but if the party make default , the chancellor may assesse a fine upon him , according to his discretion , and that assessement is a judgment , and a scire fac . shall be awarded uppon that , in such sort as it may be upon recognizance in cancellar. . . h. . . b. const. . . note that a decree in chancery doth bind the right of the party , but doth not only bind his person to obedience , that if he will not obey , the chancellor may commit him to ward untill he do obey ▪ and that is all which the chancellor may doe , but judgement given in the kings court , common-pleas , and other courts of the common law , do bind the right of the party , per knightly serjeant , in canc , . h. . . judges . . & b. judgment . . if an injunction in chancery be made , that i shall not sue s i. if i dye my executors may sue him notwithstanding , for they are not bound thereby : for if i be bound by obligation that i shall not sue s i. if i dye , my executors may sue him , and it is no for feiture of the obligation , per fitzharbert justic. in canc. . h. s. . consc : . and brook in abridging the case , doth think it were hard , that the chancellor should enjoyn the heirs or executors , although they were expressed in the injunction . h. ▪ . but at this day the form of injunctions doth by expresse words extend to bind the heirs , executors , counsellors , attorneys , and solicitors of the party , saving that the serjeants of the law , do take themselves to be exempted by warrant of their oath , by which it seemeth also , that they should not be of counsell with any complaintiffe in the chancery . . note that in the book called fleta which was made in the time of king edw ▪ the first , by all the justices , either at such time as they were in the fleet , or else at such time as they inhabited in the street called fleet-lane , it is thus written . tot erant formulae brev. quot sunt genera actionum , quia non poterit , quid sine bre . agere praecipue de libero tento suo quia non tenetur quis respondere sine brevi nisi gratis voluerit , & cum hoc secerit quis ex hoc ei non injurabitur volenti enim & scienti non fit injuria . . by this it is to be collected , that the right and possession of land , may be decreed in the chancery , in a sute commenced by the parties consent , as appeareth also by a president following . . agnis lumbard being expulsed without proces out of tenements in beverley by thomas lumbard , they submitted themselves to the decree , order , and award of michael de la polle earle of suffolk , lord chancellor ; who by writing under his seal decreed , that she should have the tenements , rents , and arrerages thereof during her life , and an injunction subpoena was awarded to the tenants to pay the rents and arrerages accordingly , and to certain tenants unto whom tho. lumbard had leased against the will of agnis , that they should not meddle any more therewith , or else they to shew cause to the contrary , in decimaquinta pascha , also it was then decreed by the advice of robert belknap , chief iustice of the common-pleas , and of john de waltham master of the rolls and others , that she should be put it full and peaceable seiz in thereof , whereof a writ patent by warrant of the counsell was directed to the bailiffes , aldermen and burgesses of beverly , to put her in seizin and possession , and to defend her therein , claus. anno . r. . pro agnet lumbard . chap vi . whether the chancellor may intermixe his power absolute , with the ordinary . if an attachment of privilege be sued against an attorney in the chancery , this attachment is in the nature of an action at the common law , and the chancellor said , that in that sute he had two powers , one as a iudg temporall , another as a iudge of conscience , for if it appear unto him upon the matter shewed in the sute that there is conscience , he may judge thereof according to conscience , but all the iudges said that he might not ludge aecording to conscience , because it is to be ruled according to common law , and if there be conscience in the matter , then the party grieved may exhibite a bill thereof , and in that the chancellor may judg according to conscience , . e. . . consc. . jurisd. . . . one was bound unto i s. and i d. in a star . staple , and i s. released afterwards , i s. not knowing thereof sued execution , the debtor sued an audita querela , and upon the scir. fac . i s. and i d ▪ being demanded in the chancery i d. made default , and that was ruled to be a default in them both . yet this being the court of conscience , we as well judge according to conscience , as to law ; and it were against conscience that he which had no knowledge of the release , should pay damages ; but chock iustice said , that in this case they are and must be iudges only according to law , and the master of the rolls said he would be advised , . e. . . b. dammages . . one traversed an office in the chancery , and being at issue was sent into the kings bench to be tryed , & the party came and shewed , that the king had granted the land before , & so he should have had a scir. ●ac . against the grantee , wherefore he pursued not his traverse , and it was demanded of the justices if he might have a scir● fac . out of he chancery upon the first traverse , and they all answered that he might , because that in pleading a default of form should not in any case be prejudiciall in the chancery , for it cannot be called a court of conscience , if the act of a clerke in pleading should cause the party to lose his sute and his expences . . in camera scaccarij , . e. . . traverse d' office , . & . jurisdict. . . upon petition made to the king , and by him delivered over to the chancellor to do right , appeared that the kings tenant being tenant in taile , had granted with warranty , lands , and an advowson to a college , and that the king had presented by colour of the wardship of the heir , contrary to the grant , and the incumbent pleaded for the king , that the heir had no lands discended from his father , and that the wardship was no barre ; but because it appeared by divers offices returnd into the court , that lands to the value of . markes were discended to the heir , therefore the court awarded in conscience , that the college should be restored to the presentation without tryall by jury , that the same assetz did discend . . ass . p. . agr. . hereby it appeareth , that although the chancellor may not mix his absolute power with the ordinary concerning the right of the cause , yet he may somewhat use the same in matters of expedition of proceedings . chap. vii . the form of the pleadings . one sold certain wool to i s. and i d. for . l. and i s. had all the profit thereof , and they were bound in severall obligations ; afterwards the creditor sued i d. the surety , upon one of the obligations , being l . who sued a subpoena , and shewed in his bill , that the creditor was satisfied of a great part , and had given long day for the rest , and exception was taken to the bill by catesby a●prentice , because that the complalntiffe alleged , that a great part of the whole summe was paid , and shewed not how much was paid , and it may be that the money paid was for other obligations and not for this ; also he hath not shewen what day was given to i s. the chancellor said , that it did not lye in the notice of i. d ▪ what summe was paid , or what day was appointed ; and therefore he cannot declare it , but it must appear upon the examination of the defendants confidence , but he shall shew certainly such matter as lyeth in his knowledge . also in this court it is not requisite that the bill be all certaine , according to the solempnity of the common law ; for it is but a petition . . e. . . subp. . et b. conse. . . note , that the chancellor said , that a man shall not be prejudiced by mispleading , or for default of form , but according to the verity of his matter ; and the chancellor must judge secundum conscientiam , & non secundum allegat . for if the complaintiffe suppose by his bill that the defendant hath done him wrong , a d the defendant answereth nothing , yet if the chancellor have knowledge that the defendant did no wrong to the complaintiffe , the complaintiffe shall not recover any thing , . e. . ▪ snbp. ● . jurisd. . . & consc. . . mispleading , nor default of form , shall not be prejudiciall to the chancery : omnes justice . in camera scacc. . e. . . b. traverse d' office . & b. jurisd. . . . a subpoena was sued against t. tate , and before answer tate exhibited a bill against the complaintiff , to have an estate in the same land , and because his bill came in last , he was forced to put in his answer to the first bill , and so they were at issue ; and afterwards it was shewed to the court , that tates bil did vary from his own answer in two points , which were the ground of the matter . and it was holden by the chancellor , by the advice of the kings serjeants , that the answer should stand , and it was notwithstanding the bill , and it was objected , that if the matter were fond for tate , then he should recover upon his bill , but now he cannot doe so , because his answer is directly contrary . whereunto the kings serjeants answered ▪ that tate might be suffered to amend his bill , according to his answer , because he was sworne upon his answer , but not upon his bill . quod nota . e. . subp. . . a bill was ab●●red for insufficiency of matter , and the complaintiffe shewed new matter , and the defendant was awarded to answer to it , per cur. cancellar. . . e : . . if a sub poena be sued against . executors , and one of them doth onely appear , he shall not be forced to answer without his companions , but markeham . capit. iustic. angl. but rogers apprentice said , that he might answer alone if he would , without his companions , but shall not be compelled thereunto . . e. . . brooke , con●c . . chap. viii . what costs and damages shall be awarded in the chancery . note that where a woman is onely endowed by reason that her first dower was recovered from her she shall recover no damages , for damages are not awarded in the chancery per cur. cancellar. . in praesen . iust. . asss. p. . & e. . . damages . & b. sc. sa. w. fishlack exhibited a petition to the king against the prior of windham , that his ship sailing to lon. was assaulted by enemies of france , that he & his mariners for fear fled to the land by boae by hapsburgh in norsolk , and the ship being spoiled by them was cast up at hapsburgh in the priors land , who seised the same as wreck , the king delivered the pe●it . by writ to the admiral , willing him to do justice , who proceeding therein upon sute of the prior made to the king was commanded to certifie his proceedings before the king and his councel , and to warn the parties to appear at a day certain in the chancery , where upon hearing , it seemed to the justices and kings serjeants , and other lawyers being there , that the ship , goods , and chattels ought not to be accounted wreck , and judgement was given that william fishlack should be restored thereunto , and to his damages , costs , and expences which he had sustained by the priors default in the prosecuting , and that he should satisfie the prior and his servants for their reasonable costs imployed in saving the sh●p and goods . clauss . an. r. . r. . pro w. fishlack de bacton . it was enacted anno r. . that where people be compelled to come before the kings councel , or in the chancery by writs granted upon untrue suggestions , the chancellor after that such suggestions be found and proved untrue shall have power to ordain and award damages after his discretion , to him which shall so unduly be troubled , stat. anno r. . c ▪ accusation . it was enacted anno h. . that no writ of sub poena shall be granted till surety be found to satisfie the party grieved for his damages and expences , if the matter cannot be made good which is conteined in the bill , stat. anno h. c . accusac ▪ . it was used since these statutes to enter the sureties upon the bill in this form , plegii de prosequend . t. w. de h. in com. midd. ar. & j. k. de b. in com. midd. ar. or else in this form , memorand . qd . die januar. an. r. r. h. . e ▪ f. de paroch . de s ▪ london fulles , & t. j. de london ye●man coram ipso domino rege in cancellaria sua personaliter constituit manuceperunt ●ropraed . querent . quod si ipse materiam in hac supplicatione content . verum probare non poterit tunc ipsi omnia damna & expenss quae sub poena d●ct . d●f . in hac parte sustinebit per considerationem curtae & satisfaciet juxta formam statuti inde editi , but this is now neglected ▪ pe●ic . in canc. de an. h. . . note if a bill be exhibited and the deft . demur upon the insufficiency thereof , and by the court the bill is awarded insufficient , in that case the def. shall have no costs or damages by the statute , because the statute giveth the damages ●here the bill is found true or untrue , but in this case the truth is not tried , e. . dam. . b. costs . & b. damages per cancellartam & jnstic . utriusque banci in camera scaccar . . note that the grantee of lands , or goods upon trust , is not compellable in conscience to sue or ●efend , but onely at the costs and charges of the grantor , e. . . it seemoth that if one sue execution upon a statute staple , where he hath released the duty before , and the debtor sueth an audit . quer . against him to avoid the execution , and the creditor maketh default , he shall pay damages , vid. e . he fo. . a casu secundo . in an action of tresp . the plaint . recovered by verdict , and the plaint ▪ shewed in the kings bench , that the chancellor had awarded an injunction against him , whereby the sure had not long delayed , and now ( depending the injunction ) he prayed his judgement in the kings bench , and it was given , but the court would not afford any damages for the plaint . vexation in the chancery , by the injunction , in banco regis e ▪ . . b. damages . & b. iudgement . . in an action of trespas the defendant was found guilty by verdict , and the plaintiff shewed in the common place that the defend had sued a sub poena in the chancery , and had obtained an injunction , that he should not proceed at the common law till the matter in the chancery were tried , and how by means of the sute in the chancery the plaintiff had spent ten marks , and now the injunction is dissolved , the plaintiff dismissed to the common law , and therefore he prayed the justice to increase the costs because of this vexation . and brian the ch. just . awarded that the plaintiff should recover three pounds for his costs , besides his damages in com . banco , e. . b. consc. . & b. costs . chap. ix . reformation and reversal of iudgements and decrees made in the chancery . . note that upon a decree made in the chancery by sub poena , the party may have a writ of error in the parliament to recover the same if it be erroneous , in such sort as he may have to reverse judgements erroneously given in the kings bench per chock serjeant , h. . . iurisd. . & error . but note that brook abridgeth the case , that prisot the chief justice was of the contrary opinion , which is not to be so collected by the book , but by implication ; yet may it seem that no writ of error doth lie , but a petition to the parlament in the nature of a writ of error , but prisot said that judgements in the chancery upon scire facias to repeal parents and pleas or persons priviledged are reversable by parlament , because they are judgements , but the decrees are not . . cholmly serjeant said , if a decree be made in the chancery , that the chancellor hath not power to reverse that decree in the same court , but it must be redressed in the parlament , for judgement given in the kings bench , common-place or exchequer , are not reversable in the same court but in a higher court . but knightley serjeant said ▪ that a decree was but an order taken by the court for the time the which upon good causes shewed may be redressed in the same court , hut devistall serjeant said , that if it might be so , there would be an incessant confusion of all causes , wherefore the chancellor cannot reverse an absolute decree , but he may reverse a decree which is made with a quousque ; for an absolute decree is much like a definitive sentence given in the spiritual court , which cannot be redressed in the same court , but by application into a higher court ; and the kings secretary interrupted him to speak any further of the authority of the chancery . in cancell . h. . . in a writ of error to reverse a judgement of petition in chancery , the defendant took exception that the judgement given in the chancery might not be reve sed in the chancery , being all one court , but in the parlament . et non allocatur exception . per cur ▪ cancell . . asss. p. . b ▪ error . . it seemeth that this was not properly a reversall of the petition , but rather and is like to the case ensuing . i the lord chancellor grant a patent of land and after make a patent to another of the same land , the second patent is revocable in the chancery by scire facias , but not by writ of error , for a court may reform , but not reverse their own judgements , r ▪ . a statute merchant was acknowledged in the chancery , the money payable anno . and the party sued execution , and his writ supposed the same to be payable , anno . and by this sute the feoffee was put out of power , and he sued a writ of error in the kings bench , and it was awarded that he should be received to the sute , e. . . error p. & . asss. p. . and plowden reciting the case saith , that if upon sutes in the chancery according to the order of the common law there be error , that shall be reformed by a writ of error in the kings bench , which is a higher court , el. com. . the second part of the absolute power . chap. i. of lands . if two copartners bring a formidon , and one of them by covin between the tenant and him will not joyn with the other in a true declaration , the other may compell her by such poe●a to joyn in the true declaration , for else the action would abate . per m●●le iustice & ien●ey serjeant , in co. ba ▪ e. . . b. cons● . . . if two men have a wood jointly ▪ and one of them felleth the wood and keepeth all the money to himself , his f●llow hath ●o remedy by the law , for as when they took the wood joyntly , they put each other in trust , and were contented to occupy together , so the la● suffereth them to order the profit● thereof according to the trust that each did put in other , and yet if one took all the profits he is bound in conscience to restore the half to his fellow ; for as the law giveth him right onely to half the land , so it giveth him right onely in conscience to the half profits ; and yet it cannot be said that the law is against conscience ; for the law willeth not that one shall take all the profits , but leaveth it to their conscience , lib. doct & stud. cap. . . in many cases conscience shall be ruled after the law ; as the eldest son shall have his fathers land by conscience , as he shall in law ; and so he shall in law , and so in burgh english , the youngest son shall enjoy the land both in law and conscience ; and in gravel-kinde all the sons and daughters shall inherit together , and there can be no other reason gives why it should be so in conscience , but because law or custome is so , lib. doct. & stud. . c. . for divers good causes upon that ground . . tho. parrick and agnes his wife exhibited a bill , conteining that one beatrice whose heir agnes is , was seized , and took to husband thomas bradley present in the court , and dyed , bradley continued as tenant by the curtesie of england , untill now of late he claimeth and publisheth that he hath fee-simple , and withheld the charters ; wherefore they prayed that he might he examined what estate he claimeth , and to be recorded , and to knowledge what charters he hath , & to deliver them to the complainants defendant d●smissum est à curia quietus sine die per consi ▪ cur . co qd materia in hac supplicatione contenta non est sufficiens ad p●nendum ips●m defend . ad examinat . super ●undem petition . pet. in canc. h. . the defendant hath authority by law to keep the charters , and although in words he claimeth fee-simple , yet because it is not alleadged that he did not any act to the dis-inheritance of the complainants , therefore it seemeth he was dismissed . chap. ii. of lands in use or trust . lands in lond. were devised to the devisors son and three others in fee , and that one of them should have the profits during his life , the devisor dyed , the son and heir sued a sub p ▪ against the two others , to compell them to release unto him , because the use of the land ought to be in him after the death of the per ●or , and it was thought reasonable per omnes justic. in camera scac. h. . devise . & ▪ feofment al uses . so it is if the same had been done by feofment . . on●●made a feofment upon confidence , and afterwards declared his will to the feoffee that one of the daughters should have the land after his decease , and after that he came to the feoffee and told him that his said daughter would not be married by him , and therefore he revoked his will , and willed that his other daughter should have the land by conscience . laicon , when he made his first will , the first daughter had presently an interest in the land , which he would not defeat ; as if one make a feofment to the use of a stranger , he cannot afterwards revoke that use . illingworth , there appeareth not any cause why the first daughter should have the land ; and therefore seeing the feoffor had not quid pro quo , it is no bargain , but of his meer will which he may by good conscience change , as if the feoffor had afterwards fallen into poverty , he might with good conscience compell the feoffee to re-feoff him again , prisot ch. justice of the common-pleas , when the re-feoffor had once declared his will , and willed the land to his daughter , the feoffee standeth presently subject to the will of the daughter , and is discharged of the feoffee ; and such a will is as strong as a feoffee , which is annexed to a livery of seizin , fortescue chief justice of england , the feoffor may have his will , if there be special cause , otherwise not ; as if after the first will the feoffor had a son born he might well have changed his will , and given it to his son and heir , for there is a reasonable cause of his claim , and so it is if the daughter had become a felon , h. ▪ sub poena . . stac . consc. note that the better opinion is conceived to be , that he may revoke the first will , eliz. dyer . . . . note , it was agreed , if any infeoff another , he may declare his will unto him afterwards , and appoint the use to whom he will ; h. . sub poena . stach . consc. . if i infeoff one to perform my last will and himself a stranger , i have no cause of sub poena against the feoffee , but i may sue my first feoffee and recover in damages for the value of the land , per yelverton & wilby , clericis rotulorum , and this is meant where the second feofment is made bona fide , in which cause i have no remedy for the land , and so it was adjudged in the cardinal of winchesters case , but if the second feofment had been also upon trust , then i might recover the land by sub poena against the second feoffee , h. . sub poena . stach . sub poena . . if i make a feofment upon trust that the feoffee shall infeoff my heir when he cometh to full age , and the feoffee infeoffeth a stranger bona fide to the intent to disinherit ▪ inherit my heir , there the trust is deteined , and the heir is without remedy against the second feoffee by sub p. or otherwise ; but if the feoffee had ret●ined the land himself , and refused to infeoff the heir at his full age he might have compelled him thereunto by sub poena per dunby just . in com . banco , h. . . . richard frank made feoffees to the use of the last will of him , and agnes his wife , and they dyed , having issue john and izabel ; john was outlawed of murther , and also delivered to the abbot of westminster , as a clerk attainted for robbing a boy called a ( monstral ) out of the church of the prioress of clerken-well ; and lastly was indicted and outlawed for felonies and treasons , and during his life isabel sued a sub poen , against the feoffees to be infeoffed of the land , as next heir to the land , the feoffees upon their oaths confessed the trust , wherefore it was decreed by the court , by advise of john fortescue knight chief justice of the k ▪ bench and divers other justices and serj. that the feoffees should execute an estate to isabel and her heirs , q● nota petic . in canc. ann. h. . pts . . it the feoffee upon trust do refuse to perform the trust by denying to re-infeoff the feoffer , he shall be compelled thereunto by sub poena , and decree and imprisonment , per liac . ser. h. . . . one having four feoffees seised to his use , sold his land to j. s. and said to two of his feoffees , that his will was that they four should make a feofment unto j. s. accordingly , which two feoffees notified his will unto the other two , who refused to joyn in the feofment ; whereupon the first two alone made a feofment to j. s. of their parts ▪ and afterwards ▪ the feoffer sold the lands to j. d. and required those two feoffees which refused before to infeoff j. d. who did so accordingly , and j. s. sued a sub poena against the two feoffees which refused , and because the two feoffes did bur onely give notice to the other two feoffees of the feoffers will , and did not tell them that the feoffer had commanded them to infeoff i. s. and without commandment they were not compellable to make the feofment , therefore the two feoffees which so refused were dismissed per canc . & omnes iust. h . . sub poena b. consc. . . if the feoffer do send his servant to his feoffees commanding them to make estate according to his will , the feoffees are not bound to make a feofment without specialty proving his will per plur. instic . h. sub poena ▪ b. consc. . . one willed that his feoffees should make an estate for life to i. s. the remainders . to i. d. in fee , i. s. refused to make the estate for life , i. d. may compell the feoffees by sub poena , to limit an estate in rem ▪ unto him after the death of i. s. per ienney serj. & fincham apprentice , and fincham said , that the feoffees ought to make an estate to the heir of the feoff r during the life of i. s. if i. s. did ●●fuse the rem . to i. d. and i. d. may compell the feoffees by sub poena to grant the rem . in the life of i. s. for else by the refusall of i. s. he should lose his rem . otherwise it is if a man devise ●a●ds by his testament to i. s. for life , the rem . to i. d. further if i. s. refuse , yet there needeth 〈◊〉 sub poena , because he may enter by the law b● force of the testament , h. . . sub poena ▪ . consc. . if any feoffee in trust be diss●iz●d ▪ i may have sub poena to compel him 〈◊〉 bring assize against the diss●●sor per m●●le & danvers iustice in communibance , e. . . b. consc. . if if i be bound by obligation to i. s. to the use of i d. that i shall infec●s i. d. for certain lands , if i do offer a feofnient unto i. d. and do refuse ●o receive , the obligation is thereby discharged , but i. d. may ●ave a sub poena to compell me to infeoff him notwithstanding per danby capit. iu stice de communi banco , e. . . if any feoffee upon trust infeoff a stranger ▪ and do s●ll the l●nd to him for money , yet if he give knowledge unto the stranger , that he himself 〈◊〉 i●●●ely upon trust , i may compell the stronger by su●●oena to perform my vvill , e. . . feofments a● use . sub poena . if tenant in burgh english infeoff one to the use of the feoffor and his heirs , the youngest son shall have a sub poen , to recover the land but not the eldest , e. . . . feofments al use . sub poena . if one seized of land which is descended unto him from his mother do make a feofment upon trust , and then die without issue , the ▪ heir by the mothers side shall have a sub p. to recover the land , not the heir by the fathers side , e. . . b. feofments al use . sub poena . if a tenant in tail ( the remainder being a stranger ) do make a feofment to his use , and die without issue , having declared his will , the sub poena belongeth to such person as is limited by his vvill , and not to him that hath the remainder , but if he have declared no vvill then he in the remainder should have had the sub poena , quaere e. . sub poena . feofm . al use . but brook thinketh that he in the remainder shall have no sub poena in neither case , because he may have his remedy at the common law . if the husband and the vvife be seized in the right of the vvife , and the husband make a feofment ▪ although he declare no vvill , yet the vvife shall not have the sub poena , because as brook thinketh ; vvhen a feofment is made without any consideration and no use expressed , the feofment shall be intended to be to the use of the feoffor , and his heirs ; and also the vvife may have her cui in vita by the common law , e. . . feofments al uses . sub poena . if a man have issue , a son and a daughter by one wife , and a daughter by another wife , and maketh a feofmeut to his use , and dieth ; if the son do take the profits , and die , his sister by the whole bloud shall have the land by sub poena , and the other suffer nothing , because the rule , that possessio fratris de feod . simplici fecit sororem esse haeredem , doth extend to uses , as well as to lands , e. . . sub poena . b. feofment al uses . & b. discent . . & com. e. . . per mountague capit . justic. de communi banco ; and if the father had devised his land to a stranger , this would have been no possessio fratris , because the freehold of the use was in the stranger ; but if he had devised it only for years , it would have been a good possessio fratris , . e. . . sub poena . consc. . & by descent . if i. s. make a feofment in trust , and be afterwards attainted of felony , the lord of whom the land is holden shall not have the sub poena by escheat , e. . . b. feofment al use . note that the king cannot be infeoffed to any other mans use although it be so expressed , neither doth any sub poena lie against him , but the feofment is good , and the limitation of the use void , per markham & brian capit . iustic. e. . . e. . . office . one being infeoffed to the use of a woman , she took a husband , and the husband sold the land to a stranger , and the woman received the money , and the feoffee at their request infeoffed the stranger , the husband died , and the wife brought a sub poena against the feoffee , who shewed the matter , and the wife demurred ; starkie apprentice , if the husband make a feofment of the wives land , she shall avoid it by a cui in vi●a ; and so if the husband do sell the vvives use in the land , this sale shall in conscience be said the sale of her husband alone , and not of them both , and therefore the sub poena doth lie ; which saying was affirmed of all the justices of both the benches ; and the chancellor said , that all which a vvoman covert doth shall be esteemed to be done for fear of her husband , and the receipt of the money by her is not material , because she cannot have the free disposition thereof , and the complaintiff prayed that the defendant might be committed unto prison untill he made satisfaction ; and the chancellor said , that the complaintiff might have a sub poena against the stranger which bought the land ; but yelverton said , that she might have a sub poena , if the stranger had knowledge of the wrong and deceit done to her , but otherwise not . the chancellor answered , that the stranger knew well that she was a vvoman covert , in cam . scacc. e , . . sub poena . b. consc. . b. feofm . al use . note that a feoffee of trust is bound by conscience to plead all pleas , and to maintain such actions for the land as the feoffor will have him , but it shall be at the feoffees charge , per omnes justic. but it is doubtfull whether the feoffees be compellable to plead dilatory pleas , e. . . sub poena . br . feofments al uses . & . consc. . note that coke justice said , that he sued once a sub poena against the heirs of a feoffee upon trust , and the matter was long debated , and the opinion of the chancellor , and of the justices was , that the sub poena did not lie against the hei● , whereby he was put to exhibit his bill in the parlament , e. . . sub poena , . b. consc. . note that it must be intended that the heir had not the land , but that the land was sold before by the feoffee to a stranger ; for if the heir had the land , he is liable to the trust as well as the feoffee . if i do lend money to i. s. and he infeoffeth me of his lands , and it is agreed that i shall take the profits thereof untill he have payed me : if i. s. do pay the money , or tender it unto me , and i refuse to re-infeoff him , he may compell me by the sub poena , per pigo● ser ▪ jeant . e. . . bar. . it was holden in the chancery , that if any feoffee upon trust do infeoff any other which knoweth of the trust , i may have a sub poena against them both ; but if a stranger knowing the trust had done a tre●passe upon any feoffee , i might compell my feoffee by sub poena to sue him , and to recover damages , i shall have no sub poena against the trespassor , but onely against my feoffer , because he might lawfully procure his own discharge , but the reporter thinketh that the trespassor is punishable by sub poena , as well as the feoffee , e. . . sub poena . consc. . a sub poena was sued against two sons and heirs of gavel land to compell them to make an estate of the land of which the complaintiff had infecffed their father and others to his use , of whom their father was the survivor , the defendant said , that the common voice of the country is , that the feofment was to the use of the complaintiff , and of his vvife , and of the heirs of their two bodies begotten , who have issue , therefore they prayed a vvrit to warn the issue , and upon the vvrit the issued appeared , and shewed that he was under age , and prayed that the matter might stay untill he came to age , and the chancellour by the advice of laicon and littleton iustices awarded that the matter should not stay , because he was not seized of the land by a discent , wherefore the issue by his next cousin declared his title , e. . age . note that a sub poena doth lie against the heir of the surviving feoffees , e. . sub. . a sub poena was brought against three feoffees upon trust , to compell them to execute an estate to the complaintiff , one of them said , that the complaintiff made a feofment to the other two in his absence to the behoof of all three , and he died never agreed to the feofment , and the land is holden of him , so that he cannot execute an estate but that he shall extinguish his own seigniority ; and therefore he disclaimed in the land , and it was allowed to be a good answer , per curiam cancellarii , e. . sub poena . if i and another do submit our selves to an award , and it is awarded that i shall cause my feoffees in trust to release to the other being in possession , i may compell my feoffees by sub poena to fulfill the award per omner iustic. in communi banco , e. . . a vvoman made a feofment upon confidence ▪ and afterwards took a husband , and in her death-bed she made testament that her feoffees should make an estate to her husband , and to his heirs ; the vvoman died , and the husband sued a sub poena to compell the feoffees to perform her testament , and it was ruled that the testament was void , and that the feoffees were not compellable to perform the same , for law and conscience do allow nothing to be good which is done by vvoman covert concerning her inheritance , except it be by fine leavied where she is openly examined in the court , for this testament would be a disinheritance ▪ inheritance to her heir , but she may make her testamet of goods , and make executions by consent of her husband per cancell . & omnes justic. uno tantum excepto . and vavasor shewed to the court that anno e. . a vvoman covert having feoffees upon trust , she and her hus●and sold the land , and she received the money , and afterwards the husband died , and she sued a sub poena , and it was adjudged to be a good sute , e. . . consc. . b. testament . . the custome of kent is , that an infant of fifteen years may sell his land , and the case was that an infant made feoffees upon trust , and afterwards being above fifteen years old he willed the feoffe●s to make an estate thereof to him and his vvife in tail , and the question was whether they were compellable by sub poena to do it or no , and it was holden that the feoffees were not compellable , because the infant cannot will his land by the custome , for the custome is onely of sale , and is always to be construed strictly , according to the very words also at the common law ▪ such a vvill made by the infant of lands is void , and so it is in conscience per littleton jenney & omnes socios justic. e. . b. testament . . note in burgh english land where the youngest shall inherit , if the father make a feofment upon trust , the youngest son shall have the use , and the sub poena , and so it is of gavel-kinde land , where all the brothers do inherit per dig. app. e. . . b. testament . . hussey chief justice of england said , that when he came first to the court which was about thirty years past , it was holden by all the court that if one infeoffed another of trust which died seized so that his heir were in by discent , no sub poena should lie against the heir , for the same reason a sub poena might be against the heir after two discents which were inconvenient , but the chancellor said that there are presidents in the chancery that a sub poena doth lie against the heir in cam. scacc. e. . . b. consc. . if a ftoffee upon confidence make a feofment to one that hath knowledge of the confidence the feoffer shall be restored again in the chancery , otherwise it is if the purchasor had no knowledge of the confidence per cancel . h. . . sub poena . the feoffees upon trust of an infant may grant all ordinary offices for term of life , as steward , bailiff , and receiver , and they shall have allowance thereof , in their accounts when they are called to account in the chancery , but they cannot grant any fees for term of life , without the assent of the heir when he is of full age per hussey & brian cap. just . ang. but keble serjeant said , that if the feoffor were able and willing to be bailiff or receiver himself , or if that there were need of any steward , bailiff , or receiver , then he might repeal the grants by sub poena , also it was agreed that the feoffees might defend the land in all sutes with the profits thereof , and should have allowance thereof in counsel , h. . b. ftofments al uses . note it was adjudged that a vvoman covert executrix might make sale of her lands to her husband , and that it is a good bargain , and the feoffees upon trust are bound to make a feofment accordingly ; and in this case because three feoffees did the contrary , they were committed to the fleet , h. . . this is to be understood , where the land was devised to the woman being executrix to the intent to be sold for the performance of the vvill of the testator . certain feoffees were seized to the case of sir richard rooe for life , and afterwards to the use of others , and the feoffees made a feofment in fee to sir richard rooe , the question was whether sir richard rooe had forfeited his estate or no , and hussey and brian chief justices agreed that it was no forfeiture by the common law , for no mans reversion is discontinued ▪ continued thereby , otherwise it is if tenant for life of land had made a feofment to a stranger , for that were a forfeiture , and the chancellour said , that in the first case it was no forfeiture in conscience , but he would reform so much as was amisse done and no more , and so it had oftentimes been ordered before the chancellour , h. . . a feoffee upon trust was seized by a sub poena by the feoffor , and the feoffee was injoyned that he should make an estate to the feoffor before a day certain sub poena . lib. in cau● . h. . . the heir of co. qu. use shall have after the death of his father the issues and profits of the lands , as if his father had died seized thereof , and he may compell the feoffees upon trust by sub poena to infeoff him , and shall have all advantages , as if his father had died seised in camera scacc. per wood serjeant , h. . . if the feoffees upon trust will not infeoff the feoffor , he may compell them by sub poena in communi banco per brian cap. justic. de communi banco & danvers justic. h. . . one having feoffees in trust , devised by his testament , that his feoffees should sell the land , the feoffor died , the feoffees infeoffed others to the first use , the second feoffees may not perform the will , but the first feoffees may , and the second feoffees may do it , because there is a kinde of use in i. s. seeing he is specially named , and he may compell them to sell unto him , and if the will were that the feoffees should sell his lands to pay his debts , the creditors may compell the feoffees to sel● it , but if he had willed that the feoffees should sell the land for money to be distributed there no man can compell them to make the sale per fineux cap. justic. & read & tremaine iust. if the will were that his executors should sell it , though his executors refuse to administer , yet the ordinary administrator may not sell it , but the executors themselves may , notwithstanding the refusall cause the uses not testamentory per finenx cap. iusiic . angl. read & termail iustic. and if he will that his land shall be sold , and shew not by whom , his executors shall sell it , and not the feoffees , for the executors have the greatest confidence put in them , for they have the disposition of the money for which it is sold per fineux cap. iust. angl. read & tremaine & frowick serjeant . and if the will be that the land shall be sold , the heir shall take the profits untill it be sold per eosdem in banco regis , h. . ● . b. feofm . al use . if one having feoffees upon trust do make his testment that they shall have an estate to i. s. and dieth , if the feoffees infeoff others to the first use , the second feoffees may make the estate by kingsmell serjeant , h. . . . feofments al use . in a formedon against two feoffees upon trust , if the feoffees refuse such pleas as the feoffor doth minister to them , or if they or one of them do refuse to vouch where the feoffor sheweth to them good cause of voucher , the feoffor hath no remedy against the feoffees to compell them buy by sub poena , or else by action upon the case per to●am curiam . and bradnell chief justice of the common-place said , that if a feoffee upon trust die without heir , or die his heir being within age , or is attainted of felony , so that the land cometh to the lord , the lord shall have it to his own use , and the feoffor hath no remedy in communi banco , h ▪ . . the feoffees upon trust may grant the offices of steward and receiver per newdibank serjeant : if the feoffor die without issue within age , the lord shall hold the land to his own use , and if the feoffees acknowledge a stat. merchant , and the conusee do extend the land , he shall hold it to his own use , because the said persons do come unto the land by the operation of law , and not by their own act , nor by the act of the feoffees , but if the feoffees infeof a stranger which hath notice of the first use , there the second feoffee shall be seised to the first use , though he paid a consideration , quia participes criminis consentientes & agentes paci plena plectentur dolus & fraus nemini patrocinetur ; and if the second feofment be to one that hath notice , and he pay consideration , then he shall be seised to the first use , but if he pay no consideration , nor have no notice , yet it shall be to the first use per justic. & servients . if the feoffees grant a rent for life out of the land without any consideration . if it be to one that hath notice of the first use this rent shall be to the use of the feoffor of the land , per pollard , brook , & fitzherbert iust. in communi banco , h. . . a use shall ensue the nature of the land , for if it be use of the burgh english land , the youngest shall have it ; and if of gavel-kinde , then all the children , por pilman serjeant , h. . . in banco & h. . per pollard apprentic . if the feoffee upon trust die , his heir shall be subject to the trust , per bradwell cap. just . fitzherbert , & brook justic. in communi banco , ● h. . . note by brook justice , that uses are created by the common law , and are relieved by conscience , and all medling with the land by the feoffees ought to be at the desire of the feoffor , and if the feoffee do otherwise , he is chargeable in conscience , h. . . in communi banco . if one have feoffees in trust of seigniory , if the tenancy do escheat unto them they shall be feised to the use of the feoffor , and so it is of land recovered in value , per 〈◊〉 iust in communi banco , h. one having feoffees upon trust wills that his executors should sell his lard , 〈◊〉 died , if that executor make another executor , in that case the executor of the executor cannot sell the land , because the first executor had that power as in authority severall from his executor ship , and though the first executor had refused the aministration , yet he might have sold the land per curiam in cancella●●a scacc. and if he had willed that the chief justice should sell his land , although that the chief justice had resigned his office and another been placed , yea the first should sell his land per bradwell justic. communis banci , and if the will were that john s. should sell his land , if i. s. die his heir cannot sell it , because the trust is determined per shelley & ingelfield justic. & willoughby & spilman serjeants , hen. . . note by a statute in ann. r. . the will of the feoffor is made good by the common law release before it took effect but by conscience , r. . one make a feofment to the use of his last will and testament , and declareth by his testament that the land shall be to the use of his vvife for life , and afterwards to the use of revoke his son in tail , in this case he may change his vvill and the uses at his pleasure , because it is referred to his testament per bradwell capit . iust. communis banci & fetchlers & inglefield iust. in communi banco , h. . . & h. . feofment . if i do covenant with i. s. that when he shall infeof one of three acres , i and my heirs and assignes will stand seised of other lands to his use . if i . make a feofment unto me that hath no notice of this use , yet it i. s. do infeof me of their acres , the feoffee shall be seised to the use of i. s. because it is a springing use , and the land is charged with that use in whose hands soever it come , but if i . have feoffed , and they sell the said land to me that hath no notice of the use , there the second feoffees shall be seised to their own use , h. . . feofments al use . if i do buy lands and the seller executeth an estate unto me , habendum imperpetuum , without saying to my heir , the meaning of the bargain being that i shall have the fee-simple if the seller do refuse to make further assurance , i may compell by sub poena per audley cancell . temp. h. . & liber qui dicitur fundamentum legum angliae b. consc. . the feoffee upon trust sold away part of the lands , and received money for it , and the rest he kept , and took the profits , and dyed ; the feoffor per bill in cancell . recovered against the feoffees executor the money received , the value of the profits , per decretum in cancell . ex assensu omnium iustic. & aliorum de concilio regis praesentium pet. in cancell . de anno h. . chap. iii. of copy-holds . tenant at will by copy of court roll shall have a sub poena against his lord , if he put him out of his ten●men● , per kirkby magistrum rotulornm , & pool serjeant , in canc. h. . . stat. sub poena . note , littleton serjeant said , that he saw once that tenant by copy court roll sued a sub poena against his lord , and it was holden by the justices that he should recover nothing ; but daaby chief justice of the common pleas said , that the judgement was so given because he sued to have recovered the free-hold whereunto he being a copy-holder could have no right , e. . . sub poena . tenant per copie . chap. iv. of chattels real . one being bound in a statute merchant paid the money without having a release , and notwithstanding the conusee sued execution , the question was whether the chancellor might grant a sub poena against the conusee fairfax iust. and hussey chief justice of england said , that he might not , for it were no reason that the testimony of two vvitnesses should defeat a matter of r●cord , came●a scacc. e. . . richard reade had execution of certain lands upon a statute merchant , and the debtor sold the land to sir william capell who recovered the same by default with voucher against the debtor , whereupon william capell entered , and the termor sued a sub poena , and it was holden that if reade had no remedy to falsifie this recovery , then he should be restored in the chancery by sub poena , because it was done by covin per cancell . & hussey & brian cap. iust. h. . . & . b. consc. . & b. faux recovery ▪ if a recovery be had against the lessor , and the lessor for years do not pray to be received , if by that means he have no remedy at the common law , he shall have remedy in the chancery , so that he were in prison or beyond sea , or had any reasonable cause of his default , per conisby & keble serjeants , but quaere it he had no such cause , h. . . if one make a lease for years , or grant his lease for years to a use , this grant and use is good notwithstanding the statute of ann. h. . cap. ▪ uses . because the statute maketh onely these gifts of chattels void , which were made to defraud creditors , m. . feofments al use . chap. v. of chattels personals . it was agreed upon between i. s. and i. d. that i. d. should have certain debts due unto i. s. by divers persons , and i. d. did enter into obligation to i. s. for the government of certain summs in consideration of the same debts ; and because there were but things in action , and that i . had no remedy to recover the debts by the common law , therefore i. d. sued a sub poena against i s. to be discharged of the obligation by conscience , and for so much as it appeared that by his contract no duty could rest in i. d. therefore it was decreed that i. d. should bring in the obligation by conscience , for so much it appeared , that by his contract no duty could rest in ▪ i. d. therefore it was decreed that i. s. should bring in the obligation to be cancelled , or else release to i. d. per canc ▪ cum opinione omnium justiciar . h. . . b. barr. . . consc. . sir thomas brown being possessed of certain goods was attainted of treason , which goods came to the hands of iohn brown , the king by patent gave the goods unto walwine , and walwine sued a sub poena against iohn brown for the goods , who came into the chancery by jenney his counsel , and demanded judgement of the sub poena , for that a sub poena doth not lie but where the party hath no remedy by the common law , and in this case the complaintiff may have an action of detinue , for the king might have had the like action , to whom it was answered by greefield , being the complaintiffs counsel , that the king himself can have no action by the common law for goods forfeited , untill the goods have been seised to his use , or else that the goods be proved to be his by matter of record , and yet the king hath election to sue for them in what court he will , and so may his patentee ; also the grantee can have no action for the goods at the common law without having had possession , seeing they were granted to him as things in action , and the court held that the sub poena did lie very well , and john brown was commanded to bring in an inventory of the goods against the next day , or else to be committed to the fleet , in cancell . h. . . b. conse. . a clerk made i. s. his procurator of his benefice , and promised him by oath that he would save him harmlesse for the occupation , the clerk resigned unknown to be the procurator , and he was sued for the occupation , and therefore sued a sub poena . jenney apprentice said , that he ought to sue in the court christian for the breach of his faith ; as if one be affianced to a woman , and then forsake her , he is to be sued there and not here , the chancellor said , that it was true that he ought to sue there for breach of oath , si petit ipsum canonice inimicitia ; but he shall have remedy here for the damages he sustained by the not performance of the promise , jenney said also , that it was his folly to trust his word , and therefore he had no remedy , quia deus est procurator fatuorum , s e. . b. consc. . sub poena . a sub poena was sued against three executors , and one of them appeared , and the complaintiff prayed that he might be compelled to answer ; fairfax said that he ought not to answer untill his fellows appeared also ; for in the action of the common law one executor shall not be forced to answer without his companions , by the statute of e. . cap. . also it may be that the others can shew matter to abate the bill of which this executor hath no knowledge , the chancellor said that the three executors are instead but of one person , viz. the testator , and therefore one of them being but a member shall not be forced to answer untill they have all appeared . also if he should answer , it might be that through his ignorance the other should be concluded , which were not conscience ; also that statutes that ordain proces do not extend to this court , but if it give a little right this court must obey it , e. . . because . responder . . a sub poena was sued , because the defendant had recovered upon an obligation by sute one court , whereas in truth the obligation was made in another court , by means whereof the complaintiff could not be suffered to plead divers pleas , which he might have pleaded if the sute had been pleaded in the right court , and the counsellor said that the sub poena did well lie , because the defendant did against conscience , for he would not have the truth known , and therefore be sued in a forreign county , and the truth cannot be so well known and tried in any place as it may be in the county where it was done , e. . . sub poena . b. consc. worsley and middleton bought certain wools price three pounds of sir henry wich , and were bound by severall obligations , whereof one was of three hundred pounds , and miadleton had all the profit of the woolls ; sir henry died and made his executrix , against whom worlsey sued a sub poena , shewing in his bill that whereas she had received a part of the money of middleton , and had given him longer day , yet notwithstanding she had put in sute against woolsey ; catesby for the defendant said , that though ●he had respited the sute against middleton , yet worsley is not to have advantage by it , for by law and conscience she might have sued which of them she would ; and if she had granted to middleton that she would never sue him , yet that is no discharge to worsley ; the chancellor said , that at first she might have chosen to sue the one or the other , but seeing that she had made a covenant in the law of nature between her and middleton to respit the sute against him , that shall give advantage to worsley , for she hath chosen to be paid by middleton , and if he had either paid her , or else that it were agreed between them that she should take it up of a stranger which is indebted to middleton , worsley should have advantage of that , e. . . sub poena . b. consc. a debtor made a gift of all his goods to another to the intent to defraud his creditors , and keep still the goods in his own possession , and took sanctuary at westminster , and died , the goods coming to the hands of his wife , who took another husband , against whom ( being possessed of the goods ) the creditors sued a sub poena , and the husband was compelled to answer to it , per ▪ curiam cancell : e. consc. . it seemeth the gift wa● void in law . one was surety for another , and the debtor with two others were bound by obligation to the surety to save him harm lesse , afterwards the surety paid the money and sued his obligation against the principall and the two others , which sute depending the principall sued a sub poena against the surety to have certain goods out of his hands which he had delivered unto the surety for his security , before the making of the obligation , and so prayed that he might not be double charged , wherefore he prayed re-delivery of his goods , the defendant answered that his goods were delivered for another cause , and shewed the cause , and thereupon they were at issue ; and the complaîntiff prayed an injunction that the defendant should not proceed in sute upon the obligation , but the court denied it , because the defendant had intituled himself by severall means , as well to the goods , as to the obligation , and therefore it were against reason to delay his sute , qd nota , e. . . b. consc. . one was surety in a statute merchant , payed the money without having a release , and notwithstanding that the conusee sued execution , the question was whether the chancellor might grant a sub poena against the conusee ; fairfax justice and hussey chief justice of england said that he might not , for it were not reason by the testimony of two witnesses to defeat a matter of record , and so it is of an obligation , for the debtor may refuse to pay the debt without any acquittance , it is his folly to pay the debt twice then to avoid accord or specialty by two witnesses , and the chancellor said that it was the common course of the chancery to grant sub poena upon an obligation so satisfied , and that thereof there are divers presidents in the chancery , but he agreed that no sub poena doth lie upon statute , because it is matter of record , in cam. scacc. e. . . b. consc. . a bill exhibited conteining that whereas the defendant had recovered debt and damage against the plaintiff , and was paid without any release or acquittance , yet the defendant had sued execution notwithstanding , and because the complaintiff had no remedy by the common law , he prayed a sub poena , but the chancellor would not grant it without advice of the justices ; for by that means every record might come to be examined before him , and so the common place should be destroyed , e. . sub poena . one executor released unto a debtor without the consent of his companion , by means where of the will could not be performed , and the other executor sued a sub poena against the executor which released , and against the debtor , fineux serjeant said , that it was not remediable , for every executor hath an absolute power by himself , the chancellor said , nullus recedat à cancellor . sine remedio , and it is against reason that one executor should have all and release alone , fineux , si nullus recedat sine remedio nullus indiget esse confessus , but the common law is ordained for many matters , and some such as are remediable by the common law , are to be relieved in the chancery , and divers are remediable by neither , and such are in conscience between a man and his confessor , of which sort this is one ; the chancellor ▪ said that every law is or ought to be according to gods laws , and gods law is that one executor being of evil disposition should not spend all the goods , and if such an executor being able do not make restitution , or being unable be not willing to make restitution , he shall be damned in hell , and the testament is , constituo tales esse executores meos ut ipsi disponant . so that their power in conscience is joint and not severall ; and also it is pro salute animae meae , wherefore they must not mispend , if they do , they do contrary , then it is without warrant , and to be remedied in conscience , and the chancellor that he would have the matter argued , h. . . sub poena . b. consc. if the debtor payeth debt wherein he was bound by obligation , and receive acquittance , this is no bar at the common law , and yet to be relieved in conscience , per canc . h. . . if one be indebted to me without writing , and he dye , i have no remedy against the executors by the common law , but in the chancery by conscience , per canc . h. . . thomas baby exhibited a bill , that whereas he delivered certain goods of trust to the defendant , and thereon borrowed twenty sh. to be paid at a day certain , at which day he paid the same , and the defendant then promised to deliver the goods on the next morrow ; yet the defendant before the morning sold the goods to a stranger , to the end that if the complaintiff should sue an action of detinue he must wage his law ; and it was decreed in curiam cancell ▪ that the complaintiff shoul recover his goods and fourteen sh. for six spoons parcell thereof , pet. in canc. h. . if one be bound in a single obligation , pay the money and take no acquittance , or if he take one and happen to lose it , he shall be compelled by the law to pay it again , but yet he may be holpen by sub poena , lib. doct ▪ & stud. cap. . note that the statute of e. . cap. . and anno h. . cap. . do give authority to the chancellor to hear and determine robberies and spoilings upon the sea , or in the ports ▪ as well in the cases of subjects as strangers . v. hic fo. . casu pro & . chap. vi . of chattels in trust . if i . be bound unto i. s. to the use of i. d. there i. d. may sue a sub poena against i. s. and compell him to sue an action of debt against me upon the obligation , per moil & danvers junsticiarii in communi banco , . consc. . i. s. delivered two hundred marks to the chamberlain of london to be kept , and appointed the same to be delivered to his executors or administrators after his decease to be imployed for his soul , the chamberlain delivered the money to i. d. to keep , and i. d. entred into bond unto the chamberlain to the use of i. s. that he would re-deliver it to the chamberlain when he should be required ; i. d. died , and the administrators sued a sub poena against the chamberlain to compell him to sue i. d. upon the obligation , because i. d. had refused to deliver the money for the chamberlain , e. . . b. consc. . & b. prohibicon . . b. oblig . . note that if i give goods to another to my use , and they be taken from him , he is bound in conscience to sue an action of trespasse against him at my charge , and to my use , but not to sue an appeal of robbery , because the appellant must swear that his appeal is true ; and i cannot compell him to take that oath , per chock just . & ●ittleton serj. and brook thinketh the reason to be because the defendant in the appeal may challenge the combate , and bring the others life in adventure , e. . . sub poena . b. feofments al use . & b. consc. . one was bound in a statute staple unto i. s. and i. d. to the use of i. s. and afterwards i. d. released to the debtor , whereupon i. s. sued a suh poena against i. d. and the debtor , and rehearsed his bill that the debtor had knowledge that the obligation was to the complaintiffs onely use , that the release was made by covin between them to defraud him of his debt , and it was ordered in the chancery that the sub poena should stand good against i. d. because of his deceit , but the debtor was discharged of the sute , because it is lawfull for every man to help himself , and to procure the discharge of his debt , especially seeing that i. d. might have molested him for the same ; also it might be that the debtor had paid i. d. and it were no reason that he should pay it again to i. s. and it was alleadged for the complaintiff that if i deliver goods to another to keep to my use , if he sell them to one that knoweth the use of the goods to belong unto me , i may have a sub poe●a against the seller and buyer both , and so in this case , whereunto the court answered that it was so in that case , because the buyer did purchase goods which in conscience are mine , but in this case by the release the debtor purcha●eth nothing but onely dischargeth himself , but the reporter thought that the difference made between a purchase and a discharge was not good ; for the debtor is not cleared in conscience and before god unlesse he to whom the debt in conscience appertaineth do discharge him , or if he exclude him of his debt by policy it is not good conscience , but if the creditor had paid the money unto i. d. it would have discharged him against i. s. e. . sub poena . . b. consc. . if one be bound to another to any use , and the obligee knowing the use do release to the obligor , i may have a sub poena against the obligee , per cancellariam ▪ h. . . sub poena . chap. vii . of aliens . the statute of anno e ▪ . is , that if any merchant privy or stranger be robbed of his goods upon the sea , and the goods so robbed come into any parties hands within the realm , and he will sue to recover the said goods , he shall be received to prove the said goods to be his own by his work or by his chart . or caket , or by good and lawfull merchants , privy or strangers , and by such proofs the same goods shall be delivered to the merchant without making other ●ute at the common law , stat. anno e. . cap. . merchant . note that by this statute the chancellor alone without any of the justices hath power to proceed to judgement , r. . . also the statute of e. . is , that if debate arise betwixt the mai●r and constables of the staple and such merchant stranger as shall be assigned to ●it with them upon discussing of any plea or quarrell touching merchants aliens , the tenor of the same plea shall be sent before the chancellor and other of the kings counsel to be determined there without delay , anno e. . cap. . staple . if any subject attempt or offend upon the sea , or in any port within the realm against any person stranger being upon the sea , or in any port aforesaid , by way of amity , or league , or truce , or by force of the kings safe conduct or safeguard in any matter , and especially in attaching of any such strange person , robbing oq spoiling him of his ship or goods , or against any other person of his lay-people , the chancellor as well for the deliverance of such person attached , as to make restitution of ship or goods or the value thereof , shall have authority calling to him any of the justices upon a bill of complaint to him made to make such processe of the chancery , as well against such offenders to bring them into the chancery to answer , as against any other persous to whose hands any such person so attached , ship or goods shall come , & for the deliverance & restitution by them to be made as shall seem to the chancellor most necessary , and upon this processe the chancellor further to proceed in this matter if the case do so require by advice of any such justice to make the person stranger so grieved to have full deliverance and restitution of his goods , &c. and also of all the costs , expences and losses made and suffered by him in this behalf , and thereupon to make all manner of execution upon the same out of the same in such sort as shall seem to him necessary for such deliverance and restitution to be had , calling him to any such justice as aforesaid , statute h . cap. . aliens . first , note that by this statute the alien that complaineth must sue in the chancery before the chancellor assisted with one of the justices . r. . ● . a merchant a●ien bargained with one to carry certain bales of merchandizes to hampton , the party took the bales and carried them to another place , and brake them up , and took out the merchandizes , and conver●ed it to his own use , and the alien complained to the counsel in the star-chamber ; the chancellor that although this fact be f●lony , yet it shall be tried before the counsel , and not at the common law , because the complaintiff is a merchant alien , and is come by safe conduct , and it shall be determined according to the law of nature of the chancery , and he may sue there from hour to hour , and from day to day for the speed of merchants ; also he said , that strangers shall not be bound by our statutes which are introduct. . jura legis by stat●te that are deliberativa antiqui juris , viz. juris naturae . and although that by their being in the realm the king hath jurisdiction to compell them to abide right , yet that shall be secundum legem naturae , which is called by some the law merchant , which is an universal law through all the world , in came●a stellata , . . . . denison . . b. d●nisen . the chancellor said , that whereas there is a statute that safe conducts in●olled , and the number of mariners , and the name of the vessel ; yet if any alien have a safe conduct , and have not those circumstances therein , the safe conduct notwithstanding shall be allowed , and so hath been adjudged ; for the aliens do say , that they are not bound to know our statutes , and they do come into the land by warrant of the kings seal and safe conduct , and if it shall not be sufficient , they are defrauded ; but others saith the statute which ordaineth for the forfeiture of merchandize shall binde as well aliens as others in camera stellata , e. , . b. denisen . note that it was said in the star-chamber that a denizen shall not sue an alien before the counsel , but an alien may sue a denizen , and it was said , that it is by force of the statutes , e. . denisen . denison . if any alien having a safe conduct be robbed , and the goods waved by the felons , yet the alien shall not be compelled to sue the law against the felon , neither may the king have the goods as a waive , nor any other by the kings grant , or by prescription , because the king hath granted unto him salvum & securum conductum tam in corpore quam in bonis , which is a covenant between the king and him , and he may sue the king upon the same , per omnes justiciarios in camera stellata , e. . note that an alien born under any prince which is in league with the king may sue at the common law all actions of debt and personal actions , but not real actions ; but if he be born under the obedience of the kings enemy , then the alien hath no action or sute unlesse he come by safe conduct ; and note that if all england do make war with a forreign prince which is in league with the king , yet if the king do not assent thereunto it is not open war , for the league must be broken by ambassage , or otherwise by the king , e. . b denison . & . a merchant of spain exhibited a bill before the king and his counsel in the star ▪ chamber , against certain english men , and shewed that he was robbed upon the sea by certain britains , and that his goods were brought into england , and are come to the hands of the defendants , and prayed restitution according to the statute de anno e. . cap. . and it was said by all the justices that the complaintiff must prove that the king of spain was in league with the king at that time , and the taking of the goods also , he must prove that the first taker was under the kings obedience , or else in amity with the king , and not the kings enemy , for if the taker were the kings enemy , and robbed the complaintiff being the kings friend , yet those goods being come to english mens hands shall not be restored , quia non est depredatio sed legalis captio prout inimicus capit super immicum , in camera stellata , r. . . . denisen . chap. viii . certain statutes giving special power to the lord chancellour . . in every original writ of action personal , appeals and indictments , in which the exigent shall be awarded to the names of the defendants addition shall be made to their estate , degree , or mystery ; and the town , hamlets , or places , and the countries in which they were or be conversant , and the clerks under whose names such writs shall go forth written shall not leave out the additions upon pain to be punished , and to make fine to the king by discretion of the chancellor , stat . de anno h. . cap. . additions . if any person make complaint duly in the chancery , that any murthers , man-slaughters , assemblies of people in great number in manner of insurrections , and rebellions , routs , is or be ▪ fled , and with-drawn in woods , secret or unknown places , or elsewhere to the intent to avoid the execution of the law , upon such complaint a bi●l shall be sufficiently made for the king , and the chancellor after such bill to him delivered ( if he may be duly informed that such bill containeth truth ) shall have power according to his discretion to make a writ of capias at the kings sute to the sheriff where the offences are supposed to be done , ret. in chanc. then they shal be put in award or mainprise after the discretion of the chancellor , and moreover he shall send to inquire of such offences , and upon that shall be done as the law requireth : and if the parties stand out , then a proclamation shall be awarded , ret. in the kings bench , and upon default they shall stand convict and attainted , stat . anno h. . cap. . riots . this statute is made perpetual , and it is enacted that the capias shall not be awarded unlesse it be witnessed by two witnesses of peace of the county where such riots be supposed , that the common voice and tame is of the same riots , stat . anno h. . cap. . riots . if any person be hurt or grieved in any thing , that the justices of peace may hear , determine or execute in any wise , he is commanded to make complaint to the justices that dwell next to him , or to any of his fellows , and desire a remedy , and if he have then no remedy if it be nigh such times as the justices of assize come into that shire , that he then shew his complaint to the same justices , and if he then have no remedy , or if the complaint be made long before the eoming of the justices of assize , and then he so grieved come unto the king or to his chancellor , and shew his grief , and the king shall send for the said justices to know the cause why his subjects be not eased , and his laws executed , and if he finde any of them in default of executing of his laws in the premises , he shall cause him so offending to be put out of the commission , and to be punished according to his demerits , stat . anno h. . cap. . proclam . poor people having cause of action against any person , shall have by the discretion of the chancellor writs original , and writs of sub poena , therefore paying nothing to the queen for the seals , nor to any person for the writing of them , and the chancellour shall assigne clerks to write the same , and also learned counsel and attou●nies for the same , without any reward to the king thereof , stat . anno h. . cap. . poor people . if any farmer of any lands belonging to the reparation of rochester bridg do not like to give for a new lease as another will , then he shall have for his hettering or building such recompence as shall be thought reasonable by agreement between the wardens and assistants and him , and in default of their grievances , such as shall be thought meet by the chancellor or treasurer , stat . anno eliz. cap. . bridges . a statute was made concerning the exercise of trades by strangers deni sens in anno h. . cap. . and there was a decree and an act made that search should be made by all strangers being artificers and hous●●lders for offences against that statute , and if they refuse , and the same proved before the chancellor , or before the chief persons of such cities or town , the refuser shall use no longer his occupation , stat . anno h. . cap. . aliens . if any person falsly or deceitfully obtain into his hands or possession any money , goods , chattels , jewels , or other things of any other person by colour or means of any false token or counterfeit letter made in any other mans name , the offender being convict by witnesse taken before the lord chancellor , or by examination of witnesses , or by confession taken in the star-chamber before the counsel , or before the justices of assize in their circuits , or before the justices of p. in their general sessions , or by action in any court of record shal have such correction & punishment by imprisonment of his body , setting upon the pillory or otherwise by corporal pain ( except pains of death ) as shall be appointed by the person before whom he shall be convict , stat . h. . cap. . if any variance arise in london about the payment of tithes , and upon a complaint made to the maior , he not end the same within two moneths , or if any of the parties themselves grieved , then the chancellor upon a complaint to him made within three moneths next following shall make an end of the same with such costs to be awarded as shall be thought convenient . stat . anno h. . cap. . tithes . chap. ix . certain statutes giving special power absolute to the lord chancellour , jointly to others . the chancellor and treasurer taking to them justices and other of the kings counsell , such as to them shall seem meet , shall have power to ordain remedy for the buying of stockfish , and botulph , and salmon of barwick , and 〈◊〉 bristr●●● , and elsewhere , to the intent that the king and the people may the better be served , and have better markets than they have had before this time ▪ and that the ordinances by them made in this party , be sirmly holden . stat. de callice . e. . cap. . fishers . . no master , wardens , and fellowships of crafts or mysteries , nor any rulers of guilds or fraternities , take upon them to make any ordinances , or to execute any acts by them heretofore made , in disheritance or diminution of the prerogative of the king , nor of any other , nor against the common proffits of the people , but if the same acts or ordinances be examined and approved by the chancellor , treasurer , or chiefe justice , or three of them , or before both the justices of assize in their circuit in the shire , where such acts and ordinanees be made , upon paine of forfeiture of l. for every time that they do the contrary . stat. de anno h. . cap. . corp. . if the ward●ns , and masters of fellowships of handicrafts , within any city or borough , or town corporate , where such wardens be , and in such where no wardens of handicrafts are , then if the bayliffs , or governors of the boroughs or towns will wrongfully intreat any stranger , in executing of the stat. de anno . h. . then the stranger so grieved , may by b●ll or information complain to the chancellor , or treasurer of england , or to the justices of assize in the county for the time being , which by their examination shall have authority to hear and determine the same complaint , and to award to the complainant such amends , as by their discretions shall be thought reasonable . stat. anno . h. . cap. . aliens . . the tables to be set up in the city of london , touching scavage within the same , shall be first viewed , examined , and approved by the chancellor and treasurer , the president of the counsell and the lord privy seal , the lord steward and the two chief justices , or by . of them at the least ▪ and by them subscribed , stat. anno h. . cap. . aliens . . if any printers , or sellers of printed books , doe inhance their prises in sale of binding , at too high and unreasonable prises , in such wise as complaint be made thereof unto the king , or to the chancellor or treasurer , or either of the chief justices , then they , or two of them shall have authority to enquire thereof as well as by oathes of ● persons as otherwise by due examination by their discretions , and after the same so found , then they , or two of them from time to time , shall have authority to redress such inhaunsing of prises by their ●retions , and to limit prises as well of the books , as for binding them , and moreover , ●hat the offendor being convicted , forfeit for every book by them sould and inhaunsed . s. d. the one half to the king , the other to the party grieved , that will complaine . stat. anno h. . cap. . books . . the chancellor , treasurer , president of the counsell , privy seal , and the two chief justiees , or three of them , shall have authority by their discretion to set prices of all kind of wines , that is to say , of the prices of the but , tun , pipe , hogshead , ponchen , teirce , barrel or rundlet , when it shall be sold in gross , so that they or any of them cause the prices by them set to be written , and open proclamation thereof to be made in chancery , in term time , or eise in the city , borough , or town , where any such wines shall be sold in gross , . h. . cap. wines , . . the l. chancellor , keeper of the great seal , treasurer , president , privy seale , and other of the privy couusell , the chief justices , or three of them at the least , whereof the lord chaneellor ; keeper , treasurer , president or privy seal to be one , upon complaint made in writing , shall have authority to take order with the bodies , lands , and goods of banckerupts , for the payment of their debts . vide stat. anno h. . cap. . banckerupts . and thus much of the absolute power of the lord chancellor his judiciall power ; the which poor barren treatise i have not presumed to collect , either for instruction of hi honor ( from whose wisdome i have alwayes thought nothing can be hidden ) or for ostentation of my reading and experience , ( who do freely acknowledg my selfe the most ignorant man of my profession ) but to this end , and with this intention have i done it , partly to provoke some good matter from those learned lawyers , and skilfull antiquaries that are attendants ûupon his lordship , and especially for satisfaction to his desire that did demand it , and may command me . sic litabant mola qui non habcbant thuca . finis . an analysis . in the office of the chancellor of england are six things to be considered . i. his antiquity in office and not in name , which hath been from the time of the first creation of kings , and rulers , and he was called among the hebrewes , mazcre . among the grecians , nomophilax . among the romans , praetor . in office and name , which hath bin from the time of charls the great king of france . in off ce and name in england , which hath bin from about the time of king edward the confessor . ii. the etymology of his name . either à cancellando iniqua concessa regis , viz. by cancelling or disallowing the unjust grants of the king , by withholding them from the seale , untill the king may be better informed , according to the verse , ( et mandata pii principis aequa fuit . iniquas leges , viz. by cancelling the rigor of extreme laws , in tempring them with conscience , according to the verse . hic est qui leges regni cancellat iniquas . records , viz. of cancelling such records as ought to be made void , which may be either by drawing of crosse lines over such records , and by entring of a ( vacat ) in the margent ▪ declaring the cause of the cancelling ; which may also be either by judgment given in the court , for admitting such record , or else by personall agreement of such partie or parties , as it only concerneth . or by plucking the records from the file . and this ought not to be done but by authority of act o● parliament . or ●cancellis , for that he fitteth in judgement within certain limits or bounds . &c. iii. his constitution , which hath bin , and may be in two sorts , viz. by letters patents , which hath been but rarely used , and i find only three of them of record . walie● grey , bishop of chester , and chancellor , by patent dated anno regis johannis . ralph nevill , bishop of chichester , and chancellor by severall patents , one bearing date anno h. . the other anno e . ejusd. regis . one other in the time of h. . by delivery of the great seal unto his hand and custody , which delivery is to be entred of record , wherein is to be noted , that the keeper of the great seal had the seal delivered in diverse manners . it was delivered to the chancellor by the king , and immediately he took an oath for the faithfull exercising of the office of chancellor , and then he sealed writs therewith alone . it was delivered to the keeper of the great sease without any oath , and therefore he did not commonly seale therewith , but in presence of some of the masters of the chancery . iiii. h●s preheminences ▪ viz. unto him are substituted all the chancellors in england , ireland , wales and scotland , and a●l they that have charge of any the kings seales wheresoever , beside the lord privy seal , by prescription . the punishment of ( scandala magnatum ) to be inflicted upon them that misreport of him by the statutes of w. . cap. . and of anno r. . ca. . he may weare in his apparel , velvet , satten , and other silks of any colour , except purpu●● , and any manner of furs , except black genets , of what estate or degree soever he be by the stat ▪ of . of h. the . he must follow the court , and at all times be neer the king , by the statute called articuli super chartas , anno . e. pr. cap. . he may have three chaplaines qualified , whereof ever● one may purchase dispensation to have two benefices , by the statute de . h. . cap. . to s●ay him it is treason , declared by the statute of of edw. the d. cap. . if he be a baron , or above , h● shall sit in the parlament , on the left side of the chamber , on the higher part of the form on the same side , above all dukes , except such as are soone , uncle , brother , nephew , or brothers or sisters sonne to the king , and also above all officers , except the vice-gerent . and if he be no baron , he shall sit at the uppermost part of the sacks in the midst of the chamber , and in such degree he shall si● in the star-chamber , and in all other assemblies , and conferences of counsell , by the statute anno h. . cap. . he is a conservor and iustice of the peace throughout england , by prescription . he is the only visitor of all hospitalls , and free-chappels , which be of the foundation of the king , or his progenitors , by prescription . he is prolocutor in the higher house of parlament , by prescription , &c. v. places of his judiciall session , viz. chancery , where he is the only judge assisted by the master of the ro●s , and the masters of the chancery , and heareth and determineth causes of law and conscience , as chancellor . counsell chamber , where he is associated with others of the privy counsell , and heareth and determineth causes of estate , as a privy counsellor . starre chamber , where he is associated with the lord treasurer , president of the counsell , and privie seale , and associated with one bishop , one temporall lord of the counsell , and two justices , and heareth and determineth , perjuries , causes penall , and of common peace , by the statutes of anno h. . cap. . and h. . cap. . as a speciall judge . exchequer chamber , where he is associated with the treasurer ; and associated by the justices , and other sage persons , and examineth , and reverseth or affirmeth judgments given in that court by the statute of e. . cap. . as a special judge . vi . his authority and power , which is of two sorts , viz. as a judge , and that is either ordinary as in these . scire fac ▪ or execution upon a statute merchant , taking acknowledgement of recognizances . scire fac . or execution upon a recognizance knowledged in the chancery . scire fac . to repeale patents which are void or faulty . monstrance de droit , petition de droit . traverse of offices , and inquisitions . pleas and enterpleas , upon assignment of dower . pleas and enterpleas upon livery , and ouster le maine . pleas and enterpleas upon partition . attachments upon contempts , in not executing of writs and proces by officers , or upon signification of untrue or insufficient causes thereof , writs de corodio● , or pencor habendo , unto abbots , priors and bishops . andita querela , sued upon sutes in the chancery . prohibition to stay proceedings in the court christian , or admiralty , and consulation to be granted thereupon . originalls , or bils by persons priviledged in the chancery . originals , or bils against persons privileged there . writs of privilege , sued by persons privileged , to remove sutes in other courts into the chancery . and divers other of like so●t . absolute , and by this power he ordereth and decreeth matters of conscience , and the pleadings are in english ; whereas in his ordinary power , he holdeth plea of matters according to the form of common law , and the pleadings are in latine . as a minister , granting of pardons of common grace . granting and sealing of commissions , of patents and preservations , &c. making of originall writs of processe , upon the statute staple , &c. constituting of certaine officers belonging to his office . giving of oathes to officers , and such like . finis . notes, typically marginal, from the original text notes for div a e- sam. . . pretor . the chancellor of france . the election of the chancellor . hen beakford . 〈◊〉 . the nature originall of the chancery . parliam . kings bench . common pleas ▪ exchequer court of wards . star-chamber . dutby court . court of requests : admiralls court . constable of england . marshalls court . president of wales & the north parts . proces cancella ▪ riae . the judge . the assistants . the master of the rolls . the officers of the chancery : . e. . potentia ordinatam . potentia absoluta . default . excom. veritatis . . h. . court of record . . e. . statute proces . right . filz . natura brevium . term . . e. . adjournment . . e , . common law . originall . conscience . . e. . surmise . english bill . pleadings in french . . h. . no remedy . good pleaders . privilege . surmise false . secundum conscientiam . secundum allegatum . default . . e. . . h. . estoppell . default . rot. parliam . br . parliam . remedy without remedy . conscience doctor & student . without remedy . conscience . wager of the law . false verdict . proofe . stat. . h. . judgment . sta : h : justices chief baron . temp. h. decrees justices ▪ serjeants . ▪ h. : . h. . . e. . . e. . exchequer chamber justices . . h. . chancery . magna charta . doctor & stud. stat. . e. ● . e. . . stat. . e. . stat. . e. . . e. . c●●●●●n pu●sell . stat. . e. . rot. parl. . h. . stat. . h. . . e. . petition . e. . judgment reversall counsell . . h. . obligation supersed . privilege . . h. . assise . decree . plea . . h . judgment ▪ plea . decree . court of record . . h. . . e. . commandement . . e. . injunction judgment . forfeiture . subpoena . habeas corpus . . r. : judgment . notice . imprisonment . . r. . . . h. . injunction subpoena . forfeiture . . h. . decree right . person . imprisonment . . h. . injunction execution . obligation . brooke . heire . executor . fleta . consent . . e. . privilege . judge . temporall conscience . and the debtor was discharged of the execution , and prayed his damage against them both , and the master of the rolls said , although by the commō law damages shold be adjudged against them both . audita querela damages . conscience . common law . . e. . traverse of office . mispleading . . e. . obligation longer day , incertainty . the sum , notice the day certainty mispleading . . e. . bill . answer . variance , amend . e. . answer . e. . answer . e. . executors answer . e. damages . wreck , damages , costs . r. damages . stat. . h. . surety . damna , expenss . e . bill ●nsuffic , costs , damages , bill untrue e. . grant to use costs . e. . audit . que . damages . ●e . injunction . kings bench , iudgement damages . e. . common place ▪ injunction dismission . h. . decree , parlament error . brook . petition , iudgement record . h. : decree , tho same court , parlament order , good cause . absolute decree , definitive , appellation . r. . patent , scirefacias error , the same court , reform . revocation . r. . patent , scire facias , error , the same court , reform . e. . stat. merchant , kings bench , eliz. common law . notes for div a e- e. . coparceners covin. doct. & s●ud . iointenant all the profit . conscience law . doct. & stnd. eldest son . gravel-kinde all children . law , custome , present in sect. tent ▪ cur●efie ▪ claim fee-simple . charters . dismission h. . rem . of use use for life release . h. . revocation of will . revocation of use . quid pro quo . fall into poverty . special cause . son born . felon after feofment . felon , eliz. h. : use after feofment . enfeoff a stranger , second feoffee , damages , bona fide , trust . h. ▪ enfeoff strangers , bona fide , second feofment , refuse to infeoff . h. . pet. in law . outlawed , clerk attainted , outlawed of treason . next heir . h. . refuse to inf●off , imprisonment : h. . will , feoffees . notice . commandment . h. . h. . refuse to take . remainder . refusall by tenant for life . testament diss●izin in assize . ● . e. . obligation refuse to take . e. . youngest son . e. . mothers side , heir of the fathers side . e. . remainder , tenant in tail , declare testament . common law . e. . husband and wife . no consi● . use not expressed . e. . half bloud ▪ take profits , possessio fratris . e ▪ . estate for life , for years . e. . attainder , felony , escheat . e. . e. . king use void . e. . husband and wife . receive money . cui in vita coverture . prison , satisfact. . feoffee , notice . e. . plead actions , c●●ts . dilatories . e. . he●● . parlament e. . payment , tender , refuse to re-infeoff . e. . . . consc. e. . heirs , gavel kinde , common voice . age , discent , next cousin , e. . heir , agree . lord . extinguishment . disclaimes . e. . award , release . testament . coverture . fine . e. . custome , infant , sale . custome strict . e. . burgh english , youngest son , gavel-kinde . e. . heir , discent , president . h. : notice , feoffee . h. . infant , offices . account ▪ fees , ass●nt ▪ defence , sutes . allowance . h. . coverture , executrix , sale , fleet . h. . use for life , forfeiture , discontinuance , reformation . h. . injunction , infeoff . refeoff die seized . h. . ●ref●off . h. . testament , sell . specialtie named , debts , creditors . distributed , executors refuse administration , ordinary administrator , testamentory executors , executors , heirs . h. . testament , specialty , named second feoffees . h. . pleas refuse , voucher , action de case without heir , within age , attainted , eschete , lord . h. . office , without heir . within age , lord , dower , stat. merchant , notice , particeps criminis consentientur fraus . h. . burgh english , gavel-kinde . h. . common law . creation , relief , desire of feoffer . h. . s●igatory , escheats , recovery in value . h. . executor , executor of executor . refnse , administ . ch. iustice , resignation , heir . ●r . . h. . h. . testament , revoke use . expressed upon livery . h. . covenant , notice , springing use , sale . temps h. fundamentum legum imperpetuum . h. . pet. in canc. sale , profits , executor . h. . put out lord . e. . statute merchant , payment , release , witnesses , record . h. . statute merchant . recovery , termor , falsifie , covin. h. . recovery , receipts , termor , in prison , beyond sea . m● . use , lease , stat. h. . fraud , creditors . h. . debts , obligation things in action . no remedy h. : treason , attainder , king , no remedy detinue . forfeiture , seisure , record , court , possession , things in action , inventory , fleet . e. . . procurator , save harmless , notice oath , court christian , affiance , damage , promise , folly . e. . executors , answer , one executor , abate bill , notice , ignorance , e. . obligation , forreign county , action , pleas . e. . obligation , receive part , longer day , discharge , election , respite , sute , payment by one . e. : defraud gift , sanctuary , husband and wife , e. . surety , goods , double charged , injunction . e. . statute merchant . witnesses , record , obligation , acquittance . common course , presidents . e. . recovery , payment , release , acquittance , record . h. . one executor , release , testament , sine remedia , common law , chancery . consoience . gods law restitution , willing , damned , joint power , pro salute animoe , mispend , argue . h. . obligation acquittance , bar , h. simple contract , debt executors . h. . petic . in canc. goods , trust , promise , sale , detinue , wager of law , damages . doct. & stud. obligation , payment , acquittance . stat. e. . stat. h. . robbery , spoil , sea-ports , subject . e. . obligation , sue . e. . money , obligation , administrators . e. . goods , trespasse , appeal of robbery , oath , combate . e. . stat. staple , one releaseth , notice , covin. fraud , deceit , discharge , goods , notice , sale , purchase , policy , payment to one ▪ stat. e. . merchant . robbery , sea , proof , r. . chancellor alone . stat. e. . staple , debate , stat. h. . sea-port , amity , league , truce , safe conduct , attachment , robbery , delivery , restitution , justice ▪ possessione● , costs , expences , execution , r. . assistant . e. . star-chamber , felony , safe conduct , law of nature , de ●oram hora , statutes , juris naturae , law merchant . safe conduct , enrolment , e. . statutes , notice , forfeiture . e. . denisen , sutes , alien . e. . safe conduct , robbery , waive , pursue the law , king 〈◊〉 in corpore , in bonis , covenant . e. . league , common law , real actions , enemy , safe conduct , open war . r. . star-chamber , robbery , sea ▪ possessions , e. . league , kings obedience , enemy , restitution . h. . additions , clerk , fine . stat. h. . murthers , fly , stat. h. . certificate , h. . this granted by pet. in canc. english bill . h. . . part . stat. h. . justice of peace . stat. h. . poor people . stat. eliz. rochester bridge . st. h. st. h merchant , strangers , search . stat. h. . fa●se token or letter . h. . tithes in london . stat. e. . fish . wines ▪ stat. h. . corporations . ordinances . stat. . h. . aliens . stat. h. . scavage , or chevage . stat. h. . prises of books . h. . prices of wines . stat. h. . banckerupts . die veneris, . maii . an ordinance for releife of maymed souldiers and marriners, and the vvidows and orphants [sic] of such as have died in the service of the parliament during these late vvarres england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r - this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set - ) images scanned from microfilm: (early english books, - ; : ) die veneris, . maii . an ordinance for releife of maymed souldiers and marriners, and the vvidows and orphants [sic] of such as have died in the service of the parliament during these late vvarres england and wales. parliament. sheet ([ ] p.) printed for edward husband, printer to the honourable house of commons, london : . steele notation: disabled distinct appointed. date appears at head of title. reproduction of original in the folger shakespeare library. eng england and wales. -- army -- pay, allowances, etc. -- early works to . england and wales. -- parliament -- early works to . soldiers -- england -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england -- london a r (wing e a). civilwar no die veneris, . maii . an ordinance for releife of maymed souldiers and marriners, and the vvidows and orphants [sic] of such as have d england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris , . maii an ordinance for releife of maymed souldiers and marriners , and the vviddows and orphants of such as have died in the service of the parliament during these late vvarres , for the reliefe and maintenance of such souldiers as have bin maimed , and disabled in the service of the parliament during these late warres , that is to say , since the warres began ; and for the reliefe of the widowes and orphants of such as have been slaine or dead in the said service , be it ordained by the lords and commons in this present parliament assembled , that from and after the feast of easter last past before the date hereof , every parish within this realme of england and dominion of wales shall be charged weekly to the payment of such summe of money as formerly they have been rated at by vertue of a statute of the d yeare of queen elizabeth , cap. tertio , concerning the reliefe of souldiers and marriners , for and to such end and purpose ; and likewise such further summe of money over and besides the same , as by the justices of the peace in their next quarter sessions after the passing this ordinance , or the major part of them shall be adjudged meete to be assessed upon every parish or chappelry that hath distinct parochiall officers ; so as the said additionall summe exceedeth not the summe of two shillings and six pence , nor be under the summe of three pence each weeke , for each such parish or chappelry , the same to be leavied in manner and forme by such persons , and under such penalties , as by the said statute of queen elizabeth is declared ; and to be payd to the treasurers for the maimed souldiers appointed by the justices of the peace of the county or liberty by vertue of this ordinance , and the statute of queen elizabeth aforesaid ; which said treasuters shall be ordered in such manner , and under such penalties as by the said statute is further declared . and be it ordained that every souldier or marriner , maimed or disabled in body for worke , in the service of the parliament during these late warres , shall forthwith repaire to the place where he was last setled when he tooke up armes , with a certificate of his service , and hurt received , under the hand of his captaine or other commissionary officer , and shall also repaire unto the two next justices of the peace for the county where such his setling was ; and the said two justices upon examination of the truth of such certificate ( which the said two justices are hereby enabled to take upon oath of the patty , and of such witnesses as he shall produce ) shall by warrant unto the treasurer assigne him reliefe untill the next quarter-sessions to be holden for that county or liberty , at which time a yearly pension shall be by the said justices or major part of them granted in manner and forme , and with power of revocation or alteration , as by the said statute is further declared and directed ; and in case that the captaine or officer appointed to make such certificate be dead , the said two justices shall have power upon request of them made in behalfe of the party maymed by persons of credit to give such reliefe as in case of examination aforesaid . and as touching widowes and orphans of such as have died , or have been slain in the service of the parliament ; it is hereby ordained , that over and besides such reliefe as they shall gaine by their worke and labour , and shall be allowed them by the charity and benevolence of the parish , towne , or hamlet where they are setled ( who are hereby required to have them in speciall regard ) the treasurers of the maimed souldiers for such county shall allow such further reliefe from time to time as shall be judged meete by the two next justices of the peace of such county ; the said reliefe shall be paid out of the surplusage of such stock of maintenance as shall remaine in the hands of the said treasurers after such pensions granted , and payment of them made , and of which surplusage and allowance made unto such widowes and orphants , the said treasurers shall give account from time to time , and the same distribute in such manner as by the justices shall be directed , and according to the statute aforesaid . be it further ordained , that the justices of the peace in every county or liberty , or any two of them , shall forthwith call all such treasurers , high-constables , petty-constables , or other persons ( who have formerly been intrusted with the receipt , collecting , or disposing of any summe of money charged upon any parish by vertue of the statute aforesaid , and whereof no account hath been given ; and likewise the executors and administrators of such persons ) unto account concerning such leavies , and collections made , and such money as they shall find remaining in the custody of such persons , to order forthwith to be paid unto the treasurer appointed by vertue of the said statute , or to be appointed by vertue of this ordinance , at the next quarter sessions to be holden for the county or liberty , under such penalties as by the said statute is set forth ; which said treasurer to be appointed by vertue of this ordinance shall continue by vertue hereof untill the easter sessions following . hen. elsynge cler. parl. dom. com. london , printed for edward husband , printer to the honourable house of commons , . the case of edward lloyd esq; concerning the election of a burgess for the burough of montgomery in the county of montgomery, to serve in the parliament, to be holden at westminster the sixth day of march . montgomeryshire (wales). bailiffs. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of edward lloyd esq; concerning the election of a burgess for the burough of montgomery in the county of montgomery, to serve in the parliament, to be holden at westminster the sixth day of march . montgomeryshire (wales). bailiffs. sheet ([ ] p.) s.n., [london : ] place of publication suggested by wing. reproduction of original in: llyfrgell genedlaethol cymru/national library of wales. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng lloyd, edward. england and wales. -- parliament -- contested elections -- early works to . contested elections -- wales -- montgomeryshire -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of edward lloyd esq concerning the election of a burgess for the burrough of montgomery in the county of montgomery , to serve in the parliament , to be holden at westminster the sixth day of march . by the statute h. . . it is provided , that for that present parliament , and all other future parliaments for this realm ; for every burrough being a shire town within wales ( excepting the shire town for the county of merionith ) one burgess should be chosen and elected for parliaments in the like manner , form and order as burgesses of parliament be elected and chosen in other shires of this realm ; and the burgess fees to be leavied and gathered as well of the shire towns as they be burgesses of , as of all other ancient burroughs within the same shires . by the statute of h. . . it is enacted , for as much as the inhabitants of all cities and burroughs in every the twelve shires within wales , not finding burgesses for the parliament themselves , must bear and pay the burgesses wages within the same shire towns. that from the beginning of that parliament , the burgesses of all and every the said cities , burroughs and towns , which be , or shall be contributary to the payment of the burgesses wages of the said shire towns , shall be lawfully admonished by proclamation , or otherwise by the mayors , bailiffs , and other head officers of the said towns , or by one of them to come to give their elections for the electing of the said burgesses at such time and place lawful and reasonable , or shall be assigned for the same intent by the said mayors , bailiffs , and other head officers of the said shire towns , or by one of them : in such elections the burgesses shall have like voice and authority to elect , name and choose the burgesses of every the said shire towns , like and in such manner as the burgesses of the said shire towns , have , or use . and the justices of the peace of every the said shires , by the same act have power to allot and tax every of the said cities , burroughs and towns for the portions and rates that every of the said cities and burroughs shall bear and pay towards the said burgesses ; and the said rates so set in gross by the justices of the peace , shall be rated on the inhabitants of the said cities and burroughs , by four or six discreet substantial burgesses of every the said cities and burroughs to be named by the head officers thereof , and to collect and pay over the same to the said burgesses . the said town of mountgomery , by the said statute h. . . is named and appointed the shire town of the said county of mountgomery , and the burroughs of llanidloes , pool and llanvylling , are three ancient burroughs of the same county ; and the burgesses thereof heretofore used to have their voices at the elections of the burgesses for the said shire town , with , and like as the burgesses of the same shire town of themselves , had and used : and for that purpose convenient notice was usually sent from the bailiffs of mountgomery to the said three other burroughs , of the time and place , when and where such elections were to be made . the sheriff of the said county having on the th of february . received his majesties writ for summoning his parliament to be held at westminster on the th . day of march following , and for choosing a knight for the said county , and a burgess for the said burrough , to serve in the same parliament ; did immediatly the same day send away his mandate to the bailiffs of mountgomery , to do and execute what appertaineth to them in that behalf . the bailiffs of mountgomery being wrought upon by some great persons in that neighbourhood , on whom they had dependance , to surprize the said three other burroughs of llanidloes , pool and llanvylling , by not giving them notice of the said election of a burgess for the said burrough , and privately by some of the burgesses of their own town to elect one matthew price esq to be burgess : and having in prospect , that if the burgesses of the said three other burroughs would appear , they would by majority of voices elect another person , and not the said mr. price : they the bailiffs of mountgomery in pursuance of that unjust practice and design , did not send notice of the said election to the said other burroughs , but only made proclamation at the town of mountgomery on the th of february , that the election was to be made at . of the clock the next morning ; and by that means so surprized the burrough of lanidloes , being miles distant , that none of their burgesses , did , or could attend at the said election . yet some of the burgesses of the said burroughs of pool and lanvelling being at a nearer distanee to mountgomery , having casually some few hours intimation of the said intended election , appeared at the same election , and with them joyned also some of the burgesses of mountgomery , which made up in the whole voices , all for the said edward lloyd esq to be elected for the said burrough , and so declared themselves , at the said election and prayed the poll. the bailiffs of mountgomery perceiving , that if they admitted the burgesses of pool and llanvelling there present , to poll , that then the majority of voices would be for the said mr. lloyd , did only poll the burgesses of mountgomery upon a list of their own preparation , of whom only . voted for the said mr. price , being the major part of the mountgomery burgesses then present : and thereupon the bailiffs closed the poll , and declared and returned the said mr. price to be burgess , wholly rejecting the votes of the said burgesses of pool and lanvelling then present , pretending for a reason for their so doing , that none but the burgesses of mountgomery had right , or should be admitted to vote at the said election , though the said burgesses of pool and lanvylling insisted upon , and earnestly pressed to have their voices received for the said mr. loyd , who had voices there for him as they were upon a just account , and can be made appear in the whole with those of mountgomery burgesses , who voted for him . whereas there were but . votes in the whole for the said mr. price . now in regard the said election was made by surprize , whereby the burgesses of lanidloes could not attend the same for want of notice , who intended if they had been present , to elect to the said mr. lloyd burgess , and that notwithstanding the said surprize , mr. lloyd had the majority of voices of burgesses present at the said election for him , if the said votes of the burroughs of pool and lanvylling had been received and not rejected as aforesaid ; and for that by the said undue means and practice of the said bailiffs of mountgomery , the said three other burroughs have not only lost the benefit of their voices in a free election at this time , but the same may be drawn in precedent against them in future elections . notwithstanding by the very express words of the statutes ( being ancient burroughs within the said county ) they have an undoubted right to give their voices in all elections and are lyable and contributary to the wages of the respective members elected , have alwayes been so , and ever from the making of the said statutes without dispute or question had notice of , and did give their voices in all elections . they humbly petition . that the said mr. price may not be received to sit as a member in parliament , being unduly elected as aforesaid . that the said mr. loyd who had the majority of voices , may be returned , and stand elected burgess for the said burrough . or that the said undue election of mr. price may be void , and a new free election granted . or such other releif in the premisses as to the great wisdom of the honourable house of commons shall seem just and meet . the tryal of sr thomas gascoyne bar. for high-treason in conspiring the death of the king, the subversion of the government, and alteration of religion, on wednesday the th of february : at the bar of the kings bench, before the right honourable sir william scroggs, lord chief justice, and the rest of the judges of that court. gascoigne, thomas, sir, ?- , defendant. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the tryal of sr thomas gascoyne bar. for high-treason in conspiring the death of the king, the subversion of the government, and alteration of religion, on wednesday the th of february : at the bar of the kings bench, before the right honourable sir william scroggs, lord chief justice, and the rest of the judges of that court. gascoigne, thomas, sir, ?- , defendant. [ ], p. printed for tho. bassett, and sam. heyrick ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng gascoigne, thomas, -- sir, ?- , -- defendant. england and wales. -- court of king's bench. trials (treason) -- england. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the tryal of s r tho. gascoyne bar. for high-treason , in conspiring the death of the king , the subversion of the government , and alteration of religion , on wednesday the th of february . at the bar of the kings bench , before the right honourable sir william scroggs lord chief justice , and the rest of the judges of that court. london : printed for tho. basset , and sam. heyrick ; at the george in fleet-street , and at greys-inne-gate in holborn . . the tryal of sir tho. gascoyne bar. on saturday the th of jan. , sir tho. gascoyne was brought to the bar of the court of kings-bench , to be arraigned for high-treason ; which was done accordingly in this manner . clerk of crown . sir thomas gascoyne , hold up thy hand . sir tho. gasc . i cannot hear . clerk. he saies he cannot hear . l. c. j. then somebody must repeat it that stands by him . mr. recorder . do you hear what i say to you ? sir tho. gasc . no , i cannot hear , i am very deaf . then the clerk of the crown went down close to the bar , and went on thus : clerk of crown . sir thomas gascoyne , hold up thy hand . [ which he did . ] thou standest indicted by the name of sir thomas gascoyne , late of the parish of elmett in the west-riding in the county of york , bar. for that thou , as a false traytor against our most illustrious and excellent prince king charles the second , thy natural lord , not having the fear of god in thy heart , nor weighing the duty of thy allegiance , but by the instigation of the devil moved and seduced , the cordial love , and true , due , and natural obedience which true and faithful subjects of our said lord the king should bear to him , and of right are bound to bear , wholly withdrawing , devising , and with all thy power intending to disturb the peace and common tranquillity of this realm , and to bring and put our said lord the king to death and final destruction ; and the true worship of god in this kingdom , by law established and used , to alter unto the superstition of the church of rome , and to move and stir up war against our said lord the king in this realm , and to subvert the government of this kingdom ; the thirtieth day of may , in the one and thirtieth year of our said lord the king's reign , at the parish of barwick in elmett in the said county of york , in the west-riding of the same county , with divers other false traytors unknown , didst trayterously compass , imagine , and intend the death and final destruction of our said lord the king ; and to change and alter , and wholly to subvert the ancient government of this realm ; and to depose , and wholly to deprive the king of the crown and government of this kingdom ; and to root out the true protestant religion . and to fulfil and accomplish the same most wicked treasons and trayterous imaginations and purposes , the said gascoyne , and other false traytors unknown , on the said thirtieth day of may , in the one and thirtieth year aforesaid , with force and arms , &c. at the parish of barwick aforesaid , advisedly , divelishly , maliciously , and trayterously , did assemble , unite , and gather together themselves , and then and there did devilishly , advisedly , maliciously , craftily , and trayterously consult and agree to bring our said lord the king to death and final destruction , and to depose and deprive him of his crown and government , and to introduce and establish the religion of the roman church in this realm . and the sooner to fulfil and accomplish the same most wicked treasons and trayterous imaginations and purposes , thou the said gascoyne , and other unknown traytors , then and there , advisedly , maliciously , and trayterously , did further consult and agree to contribute , pay , and expend divers large sums of money to divers of the king's subjects and other persons unknown , to procure those persons unknown trayterously to kill our said lord the king , and to introduce the roman religion into this realm . and that thou the said gascoyne afterwards ( to wit ) on the said thirtieth day of may , in the one and thirtieth year aforesaid , at the parish aforesaid , didst falsely , advisedly , craftily , maliciously , and trayterously , sollicit one robert bolron to kill our said lord the king ; and then and there , with an intent sooner trayterously to encourage the said bolron to undertake the killing and murthering of our said lord the king , offeredst therefore to give and pay the said bolron a thousand pounds of lawful money of england : against the duty of thy allegiance , against the peace of our said lord the king , his crown and dignity , and against the form of the statute in such case made and provided . how sayest thou , sir thomas gascoyne , art thou guilty of this high-treason whereof thou standest indicted , and hast been now arraigned , or not guilty ? sir tho. gascoigne . gloria patri , filio & spiritui sancto , i am no guiltie . clerk of crown . not guiltie , you must say . sir t. gasc . not guiltie ; nor any of my familie were ever guiltie of any such thing . i hope i shall be tryed fairly . clerk of crown . how will you be tryed ? sir t. gasc . by god and my countrie . clerk of crown . god send thee a good deliverance . sir t. gasc . i desire , that in order to my trial , i may have a jurie of gentlemen , of persons of my own qualitie , and of my own countrie , that may be able to know something how i have lived hitherto ; for i am above fourscore and five years old . l. c. j. tell him he shall have a good jurie of gentlemen of his own countrie . sir t. gasc . and besides , my lord , i desire to know when i shall be tried . mr. att. gen. some time about the latter end of the term , as soon as i can get a jurie up . sir t. gasc . i do not know whether i can produce all my witnesses at that time , if there be not a longer time allowed me ; for i have a great many witnesses to fetch up . these witnesses must be all here , or i can't make my defence ; and i know not how they shall be got hither in so little time . l. c. j. tell him he may have what witnesses he pleases , and the aid of this court to fetch them . mr. justice dolben . name them who they are . mrs. ravenscroft . my lord , some of his witnesses are at paris . mr. justice dolben . why , he will not be tried yet this fortnight . mrs. ravenscroft . they will not have time to come over between this and that . mr. justice dolben . mistriss , he had reason to believe that he should be tried some time this term ; for so the council ordered it : and therefore he should have got his witnesses ready . mrs. ravenscroft . my lord , he did not know where they were till a week ago . mr. j●…stice dolben . look you , mr. attorney , here is a ladie that is , i suppose , fome relation to this gentleman . mrs. ravenscroft . he is my grandfather , my lord. mr. justice dolben . she saies a fortnights time will be too little to get his witnesses together for his defence , because some of the witnesses are beyond sea at paris , she saies . mr. att. gen. my lord , i am willing he should have as long time as the term will allow of : but sure that is long enough to get any witnesses from paris . l. c. j. what say you to sir miles stapleton ? i see he is joyned in the indictment . mr. att. gen. my lord , he is not come up yet . l. c. j. will you trie the one without the other ? mr. att. gen. yes my lord , if we cannot have both . he is in the hands of the messenger at york . we have writ down to know the state of his health to some of the justices of the peace , and the messenger returns word , he is sick and can't come . i have sent down an habeas corpus to the messenger to bring him up ; let him return a languidus at his peril : that 's all i can do . l. chief just. well , what day do you appoint for sir thomas his trial ? mr. att. gen. tuesday come fortnight ▪ i think will be a good day . mr. justice dolben . by that time , mistris , you may get your witnesses ; you must send a messenger on purpose . mrs. ravenscroft . but if the wind should be contrarie , my lord , and they cannot be brought over ? mr. justice dolben . 't is not an usual thing to have the winds long contrarie between dover and cali●…e . mrs. ravenscroft . but if it do fall out that he wants a material witness at his trial , i hope his life will be considered . mr. justice dolben . he should have had them readie ; he had warning before . mrs. ravenscroft . we cou'd do it no sooner , because we knew not where they were . mr. justice dolben . he saith , he hath a great many witnesses ; are they all at paris ? mr. att. gen. there are a great many in town we know alreadie . mrs. ravenscroft . if we had known when exactly , we might have been more readie perhaps . mr. att. gen. but we could give no notice sooner ; it is early in the term now . but there is time enough to get any witnesses . l. c. j. aye , you may send to paris a great many times between this and that . mrs. ravenscroft . what if the letter miscarry , my lord ? mr. justice dolben . why , you must send a special messenger . mr. att. gen. my lord , if you please , let it be wednesday fortnight , the last day but one of the term ; because i would give him as much time to provide himself as i can . mr. justice pemberton . well , mistriss , you must send a special messenger ; we must not consult your conveniencie ; do it as well as you can , you have time enough . mr. justice dolben . your grandfather is a man of an estate , he may very well in this case be at the charge of a special messenger . mrs. ravenscroft . but what if the winds be contrarie , must my grandfather's life be lost ? l. chief justice . we must give you that favour we can by law , and you must be content . tell us at the trial what you have done . then the lieutenant of the tower was ordered to take the prisoner back , and by rule to bring him to the bar on wednesday the th of february . on which day the prisoner being brought up , the tryal proceeded thus : mr. att. gen. my lord , here is an extraordinarie matter : sir thomas gascoigne had a rule for some friend to assist him , by reason of the defect of his hearing ; and now there are three of them that are got among the jurie . l. c. j. no , no , they must come in of the inside of the bar. mr. att. gen. pray let him tell which he will make choice of ; for he is by the rule to have but one . mr. justice pem●…on . tell him there can but one stay . counsel . he saies one of them came out of the countrie , and knows the persons that are the witnesses , which he does not himself . l. chief justice . well , let the other come in , let him have them both . counsel . he saies , the principal man he depended upon , is clapt up . l. c. j. well , we can't help that . then way was made for the jury to come up to the stand , and proclamation for information was made in usual manner . clerk of court. sir thomas gascoign , hold up thy hand . sir t. gasc . i cannot hear what is said . clerk of crown . those good men which were lately called , and have appeared , are to pass , &c. l. c. j. tell him the effect of it . if he will make any challenges to the jurie , he must speak before they are sworn . hobart . if you will challenge any of the jury , you must speak to them before they are sworn . sir t. gasc . i cannot hear who is called . l. c. j. tell him who is called . clerk of crown . sir thomas hodson . hobart . this is sir thomas hodson , sir. sir t. gasc . what must i say ? aye , or no ? hobart . do you except against him ? sir t. gasc . no. who was sworn . clerk of crown . richard beaumont esq hobart . do you challenge him , sir ? sir t. gasc . no. mr. att. gen. pray , my lord , here is sir john cutler in the pannel , one that lives in town , and is the fore-man of the jurie ; i desire the court to take notice of his not appearing in particular . clerk of crown . john gibson esq the priso●…er challenged him . mr. serj. maynard . i perceive they skip a great many ; pray call them as they are in the pannel , and record their non-appearance in court. which was done accordingly ; but their names that did not appear , for brevitie sake , are omitted . clerk of crown . nicholas maleverer esq mr. att. gen. we challenge him for the king. i perceive the best gentlemen stay at home . mr. serj. maynard . yes , 't is so small a business . clerk of crown . beckwith esq ( challenged by the prisoner . stephen wilks esq ( sworn . matthew prince esq ( challenged by the prisoner . thomas graver esq ( challenged by him . jervas rockley esq ( sworn . william walker esq ( challenged by the prisoner . john di●…mocke esq ( challenged by him . samu●…l jenkinson esq ( challenged by him . robert leeke esq ( sworn . william batt esq ( sworn . richard burton esq ( challenged by the prisoner . robert auby esq ( challenged by him . charles best esq ( sworn . robert long esq ( challenged by the prisoner . john crosse esq ( sworn . barton allett esq ( sworn . william milner esq ( sworn . john oxley esq ( sworn . francis oxley esq ( sworn . clerk of the crown . cryer , count these . sir thomas hodsen , jur. charles best , richard beaumont , john crosse , stephen wilks , barton allett , jervas rockley , william milner , robert leeke , john oxley , and william batt , francis oxley . cryer . twelve , good men and true , stand together and hear your evidence . clerk of the crown . sir thomas gascoigne , hold up thy hand . gentlemen , you of the jurie that are sworn , look upon the prisoner , and hearken to his charge . you shall understand , that he stands indicted by the name of sir thomas gascoigne late of the parish of elmet , &c. prout in the indictment mutatis mutandis . upon this indictment he hath been arraigned , and thereunto pleaded not guiltie ; and for his trial hath put himself upon his countrie ; which countrie you are , &c ▪ then proclamation for evidence was made , and dormer esq of counsel for the king in this cause , opened the indictment , thus : mr. dormer . may it please your lordship , and you , gentlemen of the jurie , sir thomas gascoigne baronet , the prisoner at the bar , stands indicted for high treason , in conspiring the murder of his majestie , the subverting of the government , and the introducing the romish religion . and for the effecting these purposes , the indictment sets forth , that the said sir thomas gaseoigne , sir miles stapleton , and other false traytors , the th of may last , at the parish of elmet in the west-riding of the countie of york , did assemble together , and there resolved to put their treasons in execution . and the better to accomplish their said treasons and traiterous imaginations , they did agree to contribute several large sums of money to several of his majesties subjects unknown , to introduce poperie , to kill the king , and subvert the government : and that sir thomas gascoigne did sollicit robert bolrond to kill the king , and for that service he was to pay him l. to this he hath pleaded not guiltie : if the kings evidence prove the charge of the indictment , your dutie is to finde him guiltie . mr. serj. maynard . may it please your lordship , and you , gentlemen of the jurie , you have heard the indictment , and it hath been opened to you . there can be no greater crime charged upon any , than that this gentleman is accused of . the designe hath been to kill and murder the king , to change the religion and the government ; and to effect this , they make assemblies , they offer money : and this , my lord , we shall prove . 't is no new crime , divers have suffered for the like alreadie ; and we shall not need to make any aggravations , for indeed it cannot be aggravated more than the plain matter it self is . we shall call our witnesses , and prove it directly upon him , even by two witnesses ; and we shall prove , that he held intelligence with one preswicke a priest ; letters between him and that person are found in his custodie , and we shall produce one of them wherein it does appear , that there was intelligence between them , and consultations had about the oath of allegiance ; and that praud did write to him , that it was a damnable oath condemned by the sorbonnists : and upon that point hangs the changing of religion ; for the oath of allegiance is the great touchstone to discover mens sinceritie by , and the great bond to tie them to the government , and to the protestant religion . and we shall ●…ikewise prove another passage in a letter indorsed with the prisoner's own hand , wherein there is an expression to this purpose : that if england be converted , ( the priest writes this to him ) then how a sum of ninety pound was to be disposed : which was , as you shall hear , and we shall prove , in a nunnery . if england be converted , that clearly shews what was their intention , not onely to destroy the king , but the religion and the nation ; and so they were conspiring not onely against his majestie , but against god. that an old gentleman that hath lived so long under the peace of this nation , and been so protected by the government , which hath been so indulgent to men of his perswafion , should be guiltie of such a designe , is a lamentable thing to think of ; that he should so offend the law , which hath been so milde in its execution against such men . we shall prove the proffer of the l. and so leave it with you . mr. att. gen. my lord , these two papers we shall use in confirmation of that evidence will be given by two witnesses , who i think will concur in the same thing ; that is , the conspiracie for killing the king , and for the carrying on of the plot. the papers the witnesses will expound to you ; the one is a letter , as mr. serjeant hath opened it to you , to sir thomas gascoigne from a priest , wherein he does discourse about l. a year at maunston , which sir thomas had purchased to settle upon a nunnery cal●…ed dolebank in york-shire ; and therein it is said , you will be well advised to put in a proviso into the former writing ( he meant for the settlement ) that if england be converted , the l. a year sha●… be bestowed at heworth or some other place in yorkshire . your l●…rdship will hear by the witnesses , that there were several 〈◊〉 designed for these nuns to inhabit , as dolebank and other places ; and this letter will concur with their evidence , and they ●…ill pro●… , that this very place that they speak of , was 〈◊〉 for this 〈◊〉 ; and so it appears by the papers taken in sir thoma●… 〈◊〉 custodie . my lord , there is another letter which was 〈◊〉 , and which i believe may have a great influence in the cause , 〈◊〉 〈◊〉 sure it may be likely to produce very bad effects , which is that letter from the priest , wherein he decries the oath of allegiance as a damnable thing condemned by the doctrines at sorbonne , and other priests from rome . and this had its effect a little time before ; for it was ab●…ut the time that a matter of thirty or forty were convicted of a praemunire in that countie , for not taking the oath of allegiance , which they used to do before . and there will be some other concurring evidence in this cause , and that is by some papers taken in sir thomas gascoigne's own hand ; they are almanacks , in which many of his own memorials are , several sums of money mentioned to be paid , and returned to priests at london : the witnesses will tell you it was returned for the designe of the plot. there happens to be l. returned to mr. corker , who is now in newgate ; and some other sums to harcourt , who is executed ; and some money is paid to him , though i think not much , about l. and several sums are mentioned , and great sums returned to london by sir thomas gascoigne , in five or six years time , or l. to what purpose i can't tell ; they will give you an account : i think he did live always in york-shire himself , never used to come to town ; and what occasion he might have of returning money , i don't know . we will call the two witnesses viva voce , and then use the other evidence as we shall have occasion to confirm them . call mr. bolrond and mr. mowbray . who were sworn . mr. att. gen. mr. bolrond , tell my lord and the jurie what you know of sir thomas gascoigne . mr. bolron . my lord , and you , gentlemen of the jurie ; i came to live with sir thomas gascoigne in the year , as steward of his cole-works ; and in the year , a little before easter , being in the next room to sir thomas gascoigne , i did hear charles ingleby and sir thomas in discourse together , and sir thomas did say , he was very fearful his estate would be liable to be forfeited to the king — l. c. j. in was this ? mr. bolron . yes , my lord. l. c. j. what time in ? mr. bolron . a little before easter . l. c. j. were you in the room ? mr. bolron . i was in the next room , and the door was not shut ; and sir thomas did say — mr. att. gen. tell the discourse , what it was . mr. bolron . he said he was resolved to make a collusive conveyance of his estate , for fear it should be forfeited to the king. and charles ingleby said , it was best so to do : and then he told sir thomas he wou'd have the defeazance made ready , which he would draw with his own hands ; but he bid him be sure to bring none but protestant witnesses along with him to testifie . and in the year i did go along with sir thomas gascoigne to sir william ingleby's of ripley , and there i did see him receive colourably l. l. c. j. how do you know it was colourably ? mr. bolron . i did hear sir thomas tell charles ingleby so . l. c. j. when was that ? mr. bolron . the th or th of april ; the deed bears the th of april . l. c. j. was charles ingleby there at that time ? mr. bolron . yes , when the deed was sealed ; and he read it in the presence of the witnesses to be dated at that time . mr. justice dolben . what , that thousand pound was the consideration of the deed ? mr. bolron . yes , it was . sir thomas gascoigne did part thereby with all his estate for seven years , he allowing him l. a year for his maintenance , besides the l. at first paid . and this was done with that intent , for fear he should be discovered in the plot for killing the king — l. c. j. how do you know that ? mr. bolron . i did hear sir thomas gascoigne and sir miles stapleton discourse of it , and he said it was for that end . l. c. j. where was that discourse ? mr. bolron . in sir tho. gascoigne's bed-chamber . mr. justice jones . when was that ? mr. bolron . it was in or about the discovery of the plot. l. c. j. but you say you saw the deed sealed . mr. bolron . yes , i was a witness to it . l. c. j. and you saw the money paid ? mr. bolron . i and one matthias higgringill did help to count it . mr. justice jones . were you a protestant at that time ? mr. bolron . yes , my lord , i was at the time of the sealing the deed ; but i did hear the discourse between sir miles stapleton and sir thomas gascoyne upon the discoverie of the plot , when i was a papist . l. c. j. when was the discourse you speak of with sir miles stapleton , do you say ? mr. bolron . it was about the discoverie of the plot. l. c. j. after the money paid ? mr. bolron . yes , after the money paid : and he said to sir miles stapleton , he had done well to make over his estate . l. c. j. that is an abrupt thing for him to say ; how did he begin the discourse ? mr. bolron . they were discoursing about the discoverie of the plot by dr. oates and mr. bedloe ; and then sir thomas gascoyne said to sir miles stapleton , i have done well to make over my estate to sir william ingleby , to prevent a forfeiture . l. c. j. what said sir miles stapleton ? mr. bolron . i do not know what he said , very well . l. c. j. you seemed but now , as if he had said he was in the plot. mr. justice jones . did he own he was in the plot ? mr. bolron . yes . l. c. j. when ? mr. bolron . at several times . mr. serjeant maynard . tell the manner how he was concerned . mr. bolron . my lord , in the year , i did hear sir thomas gascoyne say to one christopher metcalfe , that he was resolved to send l. to the jesuits in london for the carrying on of the designe . l. c. j. what time in ? mr. bolron . the beginning of the year . l. c. j. to whom did he say so ? mr. bolron . to one christopher metcalfe . l. c. j. were you a papist then ? mr. bolron . yes . l. c. j. when came you first to be a papist ? mr. bolron . about whitsontide , . mr. justice jones . you are a protestant now ? mr. bolron . yes , my lord , i am so . l. c. j. when did you turn protestant again ? mr. bolron . i turned protestant upon the discovery of this business . l. c. j. when ? mr. bolron . either the beginning of may , or the latter end of june . l. c. j. to whom did he speak it ? mr. bolron . to christopher metcalf●… , who then lived in his house . l. c. j. what said he ? mr. bolron . he said , he was to send l. to the jesuits in london , for the carrying on of this designe . l. c. j. who was in the room besides ? mr. bolron . none but sir thomas gascoyne and metcalfe . l. c. j. where is that metcalfe ? mr. bolron . he is since dead i think . l. c. j. what discourse had they about the designe ? mr. bolron . they were discoursing about it when i came in ; and i remember he mentioned l. for corker , l. for harcourt , and l. for cornwallis ; and the rest by l. apiece to other persons . mr. att. gen. what name did cornwallis go by besides ? mr. bolron . pracid , my lord. mr. att. gen. that 's the name that is to the letter . mr. justice pemberton . well , what do you know more ? mr. bolron . my lord , sir thomas gascoyne told this christopher metcalfe , that he would return it by l. at a time , to prevent suspition , by the hands of richard phisicke ; and about the beginning of the year , i did hear sir thomas gascoyne say , that he had returned it , and that if it had been a thousand times as much , he would be glad to spend it all in so good a cause . l. c. j. did he say he had returned all the l. ? mr. bolron . yes . l. c. j. did he tell you how it was to be disposed of ? mr. bolron . it was to be disposed among the jesuits for the carrying on of the designe . l. c. j. that was in the general ; but this l. you speak of , was to those three priests . mr. bolron . yes . mr. justice jones . you say he resolved to send l. to the jesuits at london about this designe ; pray what was the designe ? what did they say about the plot at that time ? mr. bolron . my lord , at other times i have heard them say , it was for killing the king. l. c. j. what said metcalfe to all this ? mr. bolron . he did allow of it , and thought it was the best way so to do . i have seen him return several sums by richard phisicke . mr. justice dolben . was metcalfe a papist ? mr. bolron . yes , and he died so , as i have heard . l. c. j. was you in the room when they first began the discourse ? mr. bolron . no , my lord , i came in when they were discoursing . l. c. j. you came in when they were talking , you say ; but they did not stop talking because you came in ? mr. bolron . no , my lord , because i knew of it . i was brought in by one rushton , who was acquainted with the plot , to know of it , and therefore they did not stop when i came in . l. c. j. you say , he said , i will return l. to the jesuits in london : did he say in what time he would send that l. ? mr. bolron . no , but in he said he would do it . l. c. j. and it should be employed for carrying on of the designe ? mr. bolron . yes , those were the words . l. c. j. and in you heard him talk with 〈◊〉 again , and then he said , if it had been a thousand times as much , he would have sent it ? mr. bolron . yes . l. c. j. was no body there but he , sir thomas gascoyne , and you ? mr. bolron . no body else . l. c. j. then go on now with your evidence . mr. bolron . my lord , in the year several gentlemen did meet and assemble together at barnbow-hall in the county o●… ●…ork , sir thomas gascoyne's house ; and their resolution was this : that they would build a nunnery at dolebank , in case that their designe and plot of killing the king should take effect , and the roman catholick religion be established in england ; upon which account the company there present did resolve they would lose their lives and estates to further it . and sir thomas gascoyne did conclude he would give l. a year for ever for the maintenance of this nunnery : upon which , they all agreed , that after his death he should be canonized a saint . l. c. j. who were these gentlemen ? mr. bolron . sir miles stapleton , charles ingleby , esquire gascoyne , my lady tempest , thomas thwing , sir walter vavasor , sir francis hungatt , and robert killinbeck a jesuit , and william rushton a romish priest. mr. justice pemberton . is he dead ? mr. bolron . no , he is fled beyond sea. l. c. j. who else ? mr. bolron . these are the persons i can remember at present . l. c. j. there was a woman there , you say ? mr. bolron . my lady tempest , my lord , and one william rushton , if you had not him before . mr. justice dolben . that was your confessor ? mr. bolron . yes , and engaged me in the plot. mr. justice pemberton . what was your discourse ? pray tell that . mr. bolron . the discourse was upon establishing a nunnery at dolebank , in hopes that the plot of killing the king would take effect ; the intention was to alter the government , and introduce the romish religion . l. c. j. who was it said this ? mr. bolron . it was spoken by sir thomas gascoyne and the rest of the gentlemen . l. c. j. in their discourse ? mr. bolron . yes . l. c. j. did they speak of killing the king ? mr. bolron . yes , my lord , sir francis hungatt said it several times . l. c. j. how ? upon what account ? mr. bolron . they were mutually resolved , and they would talk that they would venture their lives and estates in hopes the plot would take effect ; and accordingly about michaelmas , or near upon as i remember — l. c. j. how long staid they there ? mr. bolron . about six or seven hours . l. c. j. were you with them in the room still ? mr. bolron . my lord , i was sometimes in the room , and sometimes out . what discourse i heard , i tell you ; there was one barloe — l. c. j. what was that barloe ? mr. bolron . i have had two orders of council for the seizing of him , and never could take him ; he is a priest. l. c. j. was he by ? mr. bolron . he went with them to take possession of the nunnery . l. c. j. was he not in the house ? mr. bolron . no , not in the room at that time . l. c. j. was there any servant by in the room , when this discourse was ? mr. bolron . no. l. c. j. well , go on . mr. bolron . accordingly sir tho. gascoyne did erect a nunnery about the year , at dolebank . l. c. j. what , built it ? mr. bolron . he established it . l. c. j. who were the nuns ? mr. bolron . mrs. lashalls was lady abbess , mrs. beckwith and mrs. benningfield , were her assistants , ellen thwing , eliz. butcher , and others , were nuns , according as i heard sir tho. gascoyne say : and when they went by sir tho. gascoyne , when one mary root was taking horse , sir tho. gascoyne said of her , there goes an old maid and a young nun. l. c. j. whither were they going then ? mr. bolron . to take possession of the nunnery . l. c. j. was it a new-built house ? mr. bolron . they called it a nunnery in hopes their plot would take effect . l. c. j. was it an old or new-built house ? mr. bolron . nay , i never saw it . l. c. j. where abouts was this house ? mr. bolron . it was neer ripley . l. c. j. what , was that ripley his house ? mr. bolron . no , his house is at barmbow . l. c. j. who did it belong to ? mr. bolron . they went thither till the business was done , and that was onely till the king was killed , and afterwards they resolved to reside at heworth . l. c. j. how long staid they there ? mr. bolron . they lived in this place neer a year and an half . l. c. j. till the plot was discovered ? mr. bolron . yes . mr. justice jones . how do you know they lived there ? mr. bolron . i have seen several times letters come from their hands . mr. justice jones . how do you know they came from thence ? mr. bolron . the letters were dated from dolebank . l. c. j. did he let them lie open ? mr. bolron . sometimes he did . l. c. j. what was in them ? mr. bolron . i don't know any of the particulars ; there was no great matter in them . l. ch. just. who writ them ? mr. bol : the name that i saw was pracid or from mrs. lashals . mr. attor . gen. they , or some of them . l. ch. just. you do not know whose house it was ? mr. bol. no , my lord , not i. l. ch. just. where is heworth hall ? mr. bol. heworth hall is about half a mile off of york . mr. just. dolben . does not that belong to one mr. dawson ? mr. bol. it did , but it was bought of him . mr. attor . gen. what other place did you hear him mention ? mr. bol. broughton , my lord , but i never knew that any were there . l. ch. just. nor at heworth hall ? mr. bol. yes , my lord , sometimes one and sometimes the other ; some of them came to heworth hall , and some to dolebank , but dolebank was the place they did generally reside at . and then sir thomas did establish ninety pounds a year which was purchased of mr. timothy malevorer and alver alo●…tus enjoyes it . l. ch. just. how much was it ? mr. bol. ninety pounds a year . l. ch. just. where does it ●…e ? mr. bol. it lies at a place called mawson near sir tho. gascoynes house . l. ch. just. did he say he had sealed such a conveyance ? mr. just. dolben . i suppose he bought it of dawson ? mr. bol. he bought it of maleverer . l. ch. just. is maleverer a protestant ? mr. bol. yes , my lord. l. ch. just. where is he ? mr. bol. i can't tell . mr. just. jones . you did not see the conveyance of it your self sealed ? mr. bol. no , i refer to their words for that . mr. just. jones . to what purpose was it bought ? mr. bol. to establish a nunnery . mr. just. pemberton . and they told him he should be canonized for a ●…aint when he died ? mr. bol. yes , my lord. l. ch. just. well go on then . mr. bol. my lord , about march last , to the best of my remembrance , sir thomas gascoyne , and esquire gascoyne being in their chamber together , i was reading a book , called the lives of the saints , and esq gascoyne told sir thomas , that he had been before the justices of the peace , and they had given to him and mr. middleton license to go up to london , which mentioned , that in consideration that there was a suit in law between james nelthorp esquire , and sir thomas gascoyne , therefore it permitted the said thomas gascoyne esq and his man to travel peaceably to london . and i did hear the other copy read of mr. middletons license to travel into the south , and for his occasion into the south parts was pretended to receive some rents there . but i did hear esq gascoyne say to sir thomas , that he was resolved as soon as he came to london , and had done with mr. nelthorp that he would fly into france & so would cheat the justices , for he was resolved not to come back to york-shire again , but he would commit the design in agitation into such hands as would do it , and would not fail , but he would not stay to see execution . l. chief just. you heard him say so ? mr. bol. yes , i did . l. chief just. what said sir thomas ? mr. bol. he commended his sons and mr. middleton's resolutions . l. chief just. what room was it in ? mr. bol. it was in sir thomas own chamber . l. chief just. was there any rooms near it ? mr. bol. none that they could hear in , unless in the chamber within , i don't know whether any one was there or no. l. chief just. could they hear in no room that was near to them ? mr. bol. yes in the chamber within . l. chief just. was there no servant there ? mr. bol. not as i know . l. chief just. my reason is , because he must speak very loud to make his father hear him . mr. bol. yes he did , for i heard him in the chamber window that i stood in against them , they were are a little way off me . l. chief just. because if any of the servants were near , methinks they must needs be very cautious how they spoke so loud to make sir thomas gascoyne hear . mr. bol. my lord , he was not so deaf then as they say he is , and he seems to be now . and esq gascoyne also because he would be sure there should no damage come to him caused all his goods to be sold off his ground , and mr. middleton sold his very houshold goods . l. chief just. he is a papist too , is he not ? mr. bol. yes he is so . l. chief just. was not he at the meeting with sir miles stapleton ? mr. bol. yes , mr. middleton was one . l. chief just. you did not name him before . mr. just. pember . but he said a great many were there besides those he named . mr. just. dol. yes he did so . well go on sir. mr. bol. my lord last th of may , the day after holy thursday as i remember , being in sir thomas gascoynes own chamber , sir thomas gascoyne bid me go into the gallery next to the priests lodgings , and after a little time one william rushton my confessor , came to me , and asked me if i was at the last pontefret sessions . i told him yes , and that i had taken the oath of allegiance as others had done , whereupon the said ●…on told me , that i and all the others were damned for so doing if we kept the same . therefore he bid me be sure to come next sunday to have absolution from him , for it was a damnable sin to take that oath , and he told me he had power from the pope to absolve me , and he added , that few priests had that power that he had . l. chief just. did he make you confess that as a sin to him ? mr. bol. no , my lord , for i did make the discovery soon after . 〈◊〉 〈◊〉 just. when was it you first turned protestant ? mr. bol. in june , my lord , after that . l. chief just. then you were not a protestant at that time ? mr. bol. no , my lord. l. chief just. where you a pap●…t when you took the oath of allegiance ? mr. bol. yes , my lord , i was . l. chief just. why would not you then go and be absolved according as your priest bid you ? mr. bol. i thought i had done nothing that was evil , because several had taken the oath with me as you shall hear afterward . l. chief just. well go on . mr. bol. i told him that several others had done , as well as i , that were papists , and they judged it lawful , whereupon he said , away , and told me i was a fool , and knew not how to judge of an oath . l. chief just. so you were satisfied the papists might take the oath ? mr. bol. my lord , i told him i thought it was no sin to take that oath , because it was an oath only to be true to my king and to my country , and i told him that mr. ellis priest to mr. vauasor had written comentaries upon the oath and justified the taking of it . said he again , mr. ellis was a fool and his superiors will call him to an accompt , and check him for his paines . but said he by taking the oath you have denyed the power of the pope to absolve you from it , but i tell you he hath a power to depose the king and had done it : and said he , you will merit heaven if you will kill him . l. chief just. who spoke to you ? mr. bol. rushton my lord said , it was a meritorious act to kill the king. l. chief just. but did sir thomas gascoyne or any of the company wish you to do that thing ? mr. bol. not at that meeting , but afterwards sir thomas did , my lord , if you will give me leave to go on . l. chief just. what did he say ? mr. bol. he told me he would assist me in the act. l. chief just. who ? mr. bol. rushton did . and he told me the pope had granted him the power , that i should have the benefit of absolution if i would do it . i desired him not to perswade me to do such a thing , for i would have no hand in it ; then he quoted a certain place of scripture to me which was , thou shalt bind their kings in fetters and their princes in chaines . whereupon he concluded , and made this exposition , that the pope had deposed the king , and absolved all his subjects , and it was a meritorious act to kill the king. and that unless the king would turn roman catholick the pope would give away his kingdomes to another ? l. chief just. well go on . mr. bol. then i told him i would have no hand in that act and deed , whereupon he answered me again , you may hang me if you please for speaking these words . no sir , said i , i will do you no injury if you do your self none . so he ●…id me consider what he said , and come to him againe , but i did not . l. chief just. this was the th of may ▪ mr. bol. yes , and the same day as soon as i came down . i was told sir thomas gascoyne had left order with his servants that i should not depart the house till he came in , and i stay'd there till about six of the clock . l. chief just. did not you live with him then ? mr. bol. i lived a little way off the house . l. chief just. how far ? mr. bol. about a quarter of a mile . l. chief just. were you not his servant ? mr. bol. no , my lord , not at that time . mr. just. jon. how long had you been gone out of his service before ? mr. bol. i went out of his service about the beginning of july . mr. just. pember . did sir thomas gascoyne send you into this gallery ? mr. bol. yes , my lord. mr. just. pember . and there you found rushton ? mr. bol. my lord , he was not there when i came , but he came as it were from chappel , l. c. j. you were his servant when all the gentlemen met at his house ? mr. bol. yes , my lord , i was . l. chief just. when did you leave his service say you ? mr. bol. the first day of july . l. chief just. and this was in may , was it not ? mr. bol. no in ( ) my lord , last may. my lord i watched and stayd till he came in , and took him as he came in . i went up stayers with him , and when we came into his chamber he calls me to him , and asked me what discourse had passed between me and rushton ; i told him our discourse was concerning the oath of allegiance , and the lawfulness , or unlawfulness of it . then sir thomas gascoyne took me by the hand , and told me , well man if thou wilt undertake a designe that i and others have to kill the king , i will give thee . l. and i will send thee to my son thomas , if he be in town , but if he be not in town , he said he would give me such instructions that i should find the rest that were concerned in the business . — l. chief just. the rest , what ? mr. bol. the rest that were in the plot. l. chief just. that you should know where to find them in london , you mean so ? mr. bol. yes , my lord , if he were gone beyond sea. l. chief just. what said you to him ? mr. bol. my lord , i told him i would have no hand in blood , and would not do such a wicked deed , and desired him to perswade me no more . then he desired me of all love to keep secret what he had said . but afterwards i recollected that it was a very ill thing , and went immediately to the justices of the peace . — l. chief just. how soon did you go ? mr. bol. soon after . l. chief just. to whom did you go ? mr. bol. to mr. tindal a justice of peace , and to mr. normanton . l. chief just. did you make an oath there ? mr. bol. yes , that sir thomas promised me . l l. chief just. and for what purpose ? mr. ●…ol . for killing the king. l. chief just. did you put that in the oath you made ? mr. bol. yes , my lord. l. chief just. what time was this after the discourse ? mr. bol. it was about a week or such a time . l. chief just. was it the next day ? mr. bol. no. l. chief just. was it within a fortnight ? mr. bol. yes , i believe it was my lord. l. chief just. was it not a month ? mr. bol. no it was not above a fortnight , for sir thoma●… gascoyne was apprehended in july or thereabouts i believe my lord. l chief just. but was that the first time that sir thomas ever spake to you to kill the king the th of may ? mr. bol. yes , my lord. mr. just. jon. you say you left sir thomas service in july ? mr. bol. yes , the first day of july . l. chief just. how did you leave him in good friendship ? mr. bol. yes , my lord in very good friendship . mr. just. jon. were you in good correspondence ? mr. bol. i always went to his house to hear mass , and oftentimes was there . l. chief just. how came you to leave his service ? m. bol. it was my own fault i left it . l. chief just. why , it might be no fault neither . but why did you leave it ? mr. bol. my lord , it was because there was one henry addison , and bennet johnson did seek to take my work and service out of my hands . sir thomas gascoyne did desire me to let them come in to see what they could do , and that i should have my sallary , and that i should gather in his debts ; i was willing to be rid of it , and told him they that looked after the pit should gather in the debts , for i conceived else it would be but a double charge to him . mr. just. dol. this is only how he left sir thomas his service , sir thomas thought the other men could do it better then he , and so said he then let them do your whole work . mr. just jon. but he says he did usually resort to the house after he had left his service to hear mass. mr. just. dol. they will ask him some questions , 't may be . l. chief just. had you any estate of your own when you left sir thomas service ? mr. bol. yes : i had a farme i rented of sir thomas gascoyne . l. chief just. what rent ? mr. bol. . l , and a mark a year , after i was married . l. chief just. when were you married ? mr. bol. in july ( ) but afterwards i was there , and did still service . mr. attorn . gen. i think you have some estate of your own besides that . mr. bol. yes , i have . l. a year . mr. attorn . gen. well , will you for sir thomas ask him any questions ? mr. bab. no. l. chief just. mr. bolron , pray what did the justice say to you when you made this oath ? mr. bol. my lord , thus , i was resolved to come to 〈◊〉 , and make●… confession here , and desired i might so do , whereupon one of the justices were unwilling , but at last they said , i might do what i would . l. ch. just. you say justice tindal it was sworn before , what did he say when you made the oath ? mr. bol. my lord , as i remember , he said , he must give the council an account of it , and perhaps he should not have an answer of it in a moneth after , so i thought it was better to come to london , and make a speedy dispatch of the business , for i did not know but the priests in the mean time might escape . l. c. j. but did mr. tindal do nothing upon that oath that was made ? mr. bol. yes , he did make out his warrant for the apprehending of one . l. c. j. did he not make out a warrant for the apprehending of sir thomas gascoyne ? mr. bol. my lord , i ●…hink they would have done it , but i desired i might come to the council . mr. just. pembert . how long after came you there ? mr. bol. as soon as i could get ready . l. c. j. what time came you thither ? mr. bol. my lord , i sent out upon monday and came hither to london upon wednesday ▪ l. c. j. do you know what moneth it was in ? mr. bol. in iune it was , i think . l. c. j. and who did you come and apply yourself to in london , when you came there ? mr. bol. my lord , i had a letter directed from mr. justice tindal to his brother tindal in london to carry me to the council . i chanced to lose this letter at ware , and losing it there , i came to the green dragon in bishopsgate street , i was acquainted with the man of the house and having told him some of my business , he carryed me before sir robert ctayton , and than we went to my lord of shaftsbury president of the council , and presently got an order of the council about me . l. c. j. how long was this after dr. oates discovery ? when did oates and be●…oe make their discovery ? mr. just. pembert . this was a long time after , in may last . mr. just. jones . did mr. tindal take your examination in writing ? mr. bol. he took a short thing in writing . mr. just. jones . did you set your hand to it ? mr. just. pembert . he resolved to go to the council and tell them . mr. bol. ●… was not willing to tell the justices all , for i had a mind to go to the council . mr. just. jones . but you told them the great matter of all , sir thonas's proffer to give you l. to kill the king. mr. bol. yes . mr. just. jones . had you a lease of your farm under sir thomas gascoyne ? mr. bol. it was but a lease parol . mr. just. jones . for how long ? mr. bol. for nine years . mr. babbington . may i have leave to ask him any questions ? court. yes , yes , you may . mr. babbing . you say you had a leafe of the farm , a lease parol . mr. bol. yes , i had so . mr. ser. mayn . council must not be allowed in matter of fact my lord. l. chief just. but brother , this man hath made a long narrative . mr. ser. mayn . ay , and a shrew'd one too . l. chief just. his evidence is very great , and sir thomas gascoyne does not hear any one word . mr. bol. one thing more i would speak to . it was in september a little before the discovery of the plot , i did hear sir thomas gascoyne say , and tell my ●…ady tempest , that he would send l. to dolebanke in hopes the blow would be given shortly . mr. ser. mayn . that is the same word used by all the wittnesses . l. chief just. when was this ? mr. bol. in september ( ) the plot was not known by us to be discovered then , as i know of . l. chief just. who did he speak it to ? mr. bol. to his daughter the lady tempest . l. chief just. what said she ? mr. bol. she seemed to like it very well , i did not hear any thing to the contrary . and i heard a letter read afterwards from cornwallis that he had received it , but it was too little for the carrying on so great a designe . l. chief just. who is cornwallis ? mr. bol. and it was for the arming the poor catholicks when the blow should be given . l. chief just. is his daughter living ? mr. attorn . gen. yes , she is out under bayle . mr. recor. my lord , i shall desire to ask but one question which concerns the prisoners at the bar. how long after the discourse that you had with the priest in the gallery was it that sir thomas gascoyne spoke to you of the same thing ? mr. just. pem. mr recorder , if you ask him but one question let it not be that which he hath answered before , he says the same day . mr. hob. i desire to ask him one question . mr. just. pem. no , tell sir thomas first what he hath said , and see if he will ask any questions . mr. hob. sir thomas , here is mr bolron hath given evidence against you , will you ask him any questions ? mr. just. pem. read your minutes to him . then mr. hobart repeated the first part about his coming to sir thomas gascoyne's service and the colliery conveyance . mr. just. jo●… . ask him if he will ask any questions upon this part , ( which he did ) sir tho. gas. no , t is no great matter at all , for it is true , when t was i can't tell , there was something i did seal to sir william ingleby , and some mony i had of him . then mr. hobart repeated his saying to metcalf he wo●…ld send . l. to the priests in ( ) sir tho. gas. how comes that , i deny that utterly . mr. bol. t is all true that i have said by the oath that i have taken . sir tho. gas. there is no such thing at all . mr. hob. he says , it was returned by mr phisick . sir tho. gas. phisick was a servant to me , and he returned some money ●…or me sometimes , but it was all for my children , my sons , and my daughters and my kinspeople , to whom i paid annuities , but 't is a far greater sum n the whole than l. and for one great sum of l. you know how it was disposed of . mr. hob. he says that in the beginning of , you said you had returned this l. to london , and if you had times as much you would give it for so good a cause . sir tho. gase . i never said any such thing , never thought of any such thing in my life . l. ch. just. now tell him of the meeting at barmbow . mr. hob. he says in the year ( ) there were seyeral gentlemen met at your house at barmbow . l. ch. just. name them ( which he did . ) mr. hob. these were all together with you . sir tho. gasc . no such matter at all . mr. hob. and he says all these persons did discourse with you about the establishing a nunnery at dolebanke , and another at heworth , and another at braughton . sir tho. gas●… . not one word of all this is true . l. ch. just. tell him what he said concerning killing the king. mr. hob. he says that the nunnery was established at dolebanke , and such and such were nuns . sir tho. gasc . he may say what he will , but not one word of all this is true . mr. just. dolb. but you skip over the main thing what the gentlemen resolved upon at that meeting . mr. hob. he says these gentlemen did resolve the business should go on for the killing of the king , and that they would venture their lives and estates for it . sir tho. gasc . i never heard of any such thing as killing the king , sir , did i ever say any such thing ? mr. bolr. it was in your own dining room , and in your own chamber . mr. just. pemb. he did not say so , i think , about their meeting . l. ch. just. yes , he says , they all met at his house , and there they had discourse of killing the king. in what room was it ? mr. bolr. in the old dining room . sir tho. gasc . i deny it utterly . there was no such thing . some persons might be at several times at my house , but no such meeting , nor words at all at one time or other . then mr. hobart told him of mr. gascoines and mr. middletons licenses to go to london , and intention to go to france . sir tho. gasc . 't is very true my son did go to london for that end . m. hob. and so mr. middleton upon pretence of receiving rent . sir tho. gasc . i cannot tell about mr. middleton , mr. hob. he says your son would immediately fly into france , and commit the design into other hands , and you said you approved of it , and this he heard you discourse very plainly . sir tho. gasc . but i plainly deny it all . mr. hob. he says you bid him go up ( the th . of may ) to the gallery to m r. rushton . l. c. j. no , not to him , but when he was in the gallery rushton came to him . then mr. hobart repeated the discourse with rushton about the oath of allegiance . l. c. j. you need not tell him what rushton said . mr. just. dolben . yes , my lord , it is convenient . mr. bolron . for i told him our discourse about the oath of allegiance my self . then hobart repeated sir thomas's further discourse and proffer to him . sir tho. gascoyne . there is nothing of all this true . he might come there and talk with any body , for what i know , but i was not with him . l. c. j. but ask him what he says to this , that he proffered him l. to kill the king ? ( which he did . ) sir tho. gascoyne . where should you be paid it ? mr. bolron . i would not undertake the design . sir tho. gascoyne . did you ever know i was master of l. together in my life ? mr. bolron . yes . l. c. j. tell him he sayes he would not undertake it , and therefore it was in vain to appoint where . sir tho. gascoyne . i utterly deny it all , upon my life ; that 's e'en just like the rest , i never heard it before . l. c. j. he puts it to you , whether ever you saw him have l. together ? mr. bolron . i have seen l. at a time in the house , and i have seen in phiswick's hand l. ( which was repeated to him . ) sir tho. gascoyne . what phiswick might have of other mens moneys i do not know , he never had so much money of mine . mr. bolron . my lord , sir tho. gascoyne i believe had at that time , at least l. a year of his own estate . ( which was repeated to him . ) sir tho. gascoyne . i wish he would make it good . mr. bolron . my lord , 't is true enough , i believe he hath setled some estate upon his son , about l. a year . l. chief . just. i can't tell what becomes of the papists estates , nor how the priests drain them , but there are men of very great estates among them , but they are greatly in debt . mr. hobart . will you ask mr. bolron any questions ? mr. just. jones . you have not repeated to him one part of the evidence , that in september ( . ) he said to my lady tempest he would send l. to dolebank , in hopes the blow would be given shortly . ( which was then repeated . ) sir tho. gascoyne . i know no such thing at all . there is not one word of all this true . mr. hobart . will you ask him any questions or no ? sir tho. gascoyne . i know not what questions to ask , but where the money should be paid ? l. c. j. that can be no question , for the thing was never undertaken . mr. attorn . gen. then pray , mr. mowbray , tell your knowledge . mr. mowbray . my lord , and you gentlemen of the jury , i came to sir tho. gascoyne's in the beginning of the year . l. c. j. were you his servant ? mr. mowbray . y●…s , my lord , but never an hired servant . l. c. j. in what quality did you serve him ? mr. mowbray . in his chamber , my lord , and continued with sir thomas until , in which time i did observe mr. thomas addison a priest , fincham a priest , stapleton a priest , killingbecks a priest , and thwing the elder , and the younger , several times to visit and confer with mr. william rushton , sir tho. gascoyne's confessor . l. ch. j. were you a papist then ? mr. mowbray . yes , i was . l. c. j. are you one now ? mr. mowbray . no. l. c. j. well , go on then . mr. mowbray . i being very diligent in attending mr. rushton at the altar , i became in great favour with him , and was permitted to be in the chamber when the priests were in private with him , and i heard them often talk and discourse of a design laid for setting the popish religion uppermost in england , and how like the same was to take effect in a short time . l. c. j. who did speak it ? mr. mowbray . the priests in private with mr. rushton . i speak now , my lord , of the plot in general , i come to sir thomas gascoyne anon . l. c. j. when ? in what year was this discourse ? mr. mowbray . in . l. c. j. well , what said they ? mr. mowbray . why , they discoursed concerning the setting up the popish religion in england , and how like the same was to take effect , and succeed , in regard that most of the considerable papists in england had engaged to act for it , and if it could not be done by fair means , force must be used ; and particularly declared , that london and york were to be fired . l. c. j. in ( ? ) mr. mowbray . yes . l. c. j. what ? would they fire it again ? mr. mowbray . and i heard them often say , that the king in exile had promised them — l. j. c. did they say the city was to be fired the second time ? mr. mowbray . yes , to further their intention . mr. serj. maynard . it was effected in southwark . mr. mowbray . and they did also declare , that the king when he was in his exile had promised the jesuits beyond sea to establish their religion , whenever he was restored , which they now despaired of , and therefore he was adjudged an heretick , and was to be killed . l. c. j. who did say this ? mr. mowbray . the priests . l. c. j. who was the heretick ? mr. mowbray . the king. also i did hear mr. william rushton tell addison and the rest of the priests — l. c. j. do you know which of the priests said the king was to be killed ? mr. mowbray . it was rushton . rushton and addison were together , and he did declare to mr. addison , that according to agreement he had given the oath of secresie and the sacrament to sir thomas gascoyne , esquire gascoyne , his son , my lady tempest , his daughter , and mr. stephen tempest , and had communicated the whole design to them . l. j. c. were you by , when he said this ? mr. mowbray . yes , in his chamber . l. c. j. how long after the discourse of the priests was this ? mr. mowbray . my lord , he told them he had done it according to agreement before ; and they did approve of it , and had severally engaged to be active , faithful , and secret , and would do to the utmost of their powers , as far as their estates would permit , to establish the roman catholick religion in england . and about michaelmas . there was another meeting of these priests , and others ; where they declared , that the king was an heretick , and that the pope had excommunicated him , and all other hereticks in england , scotland , and ireland , and that force was to be made use of . mr. just. dolben . when was that , sir ? mr. mowbray . about michaelmas . mr. just. jones . you were his servant then ? mr. mowbray . yes , my lord. and then did rushton produce a list of names , of about four or five hundred , and he read them over , all of whom , he said , were engaged in the design , and he did read the names of sir tho. gascoyne , tho. gascoyne esq my lady tempest , mr. vavasor , sir francis hungast , sir john savile , the two townleys , mr. sherborne , and others . l. chief just. did you see this list ? mr. mowbray . i saw several subscriptions to it , and amongst the rest i saw sir tho. gascoyne's own hand . l. c. j. do you know it ? mr. mowbray . yes , very well . l. c. j. and upon the oath you have taken , do you believe that was his hand to the list ? mr. mowbray . yes , my lord , i do believe it was his hand . l. chief just. did you know any other hands ? don't you know his son's hand ? mr. mowbray . no , nor any but sir tho. gascoyne's . l. c. j. it was in several hands , was it not ? mr. mowbray . yes , it seemed to me to be so . l. c. j. what did they subscribe to do ? mr. just. pemberton . this was in ? mr. mowbray . no , it was about michaelmas . l. c. j. what was it for ? mr. mowbray . the title of it was , as i remember , a list of them that are engaged in the design of killing the king , and promoting the catholick religion . l. c. just. was that writ on the top ? mr. just. pemberton . they were words , i suppose , to that effect . mr. mowbray . yes , it was to that effect , my lord. l. c. j. was it mentioned in the list , for killing the king ? mr. mowbray . yes . and then they declared also , that the pope had given commission to put on the design , and prosecute it as quick as they could , and that he had given a plenary indulgence of years for all those that should act either in person or estate for killing the king , and setting up the romish religion in england , besides a pardon and other gratifications . and so much as to the plot in general . now , my lord , i come to the particulars as to the prisoner at the bar , sir tho. gascoyne . about michaelmas . much about that time , there was sir tho. gascoyne and his son , my lady tempest , and rushton the priest together , where i heard them hold several discourses of this design about killing the king , and firing the cities of london and york ; and sir tho. gascoyne did declare and assure mr. rushton , that he would not swerve from what he had said , but would keep to the oath of secrecy he had given him , and that he would do to the uttermost of his power for the killing the king , and the establishment of popery . l. c. j. were you in the room ? mr. mowbray . i stood close at the door , where i heard very well , the door was not quite shut . l. c. j. they did not know you were there ? mr. mowbray . no. l. c. j. they would not trust you with it then ? mr. mowbray . they did not know i was there . and they did unanimously conclude , that it was a meritorious undertaking , and for the good of the church , and they would all venture their lives and estates in it . l. c. j. rushton was there , was he not ? mr. mowbray . yes , rushton was there : and dr. stapleton , a priest , coming from another door , and finding me at the door , went in and desired them to speak lower , for there was one at the door . whereupon my lady tempest called me in , and ordered me to go below and entertain some strangers . so much for the particulars concerning sir tho. gascoyne . mr. just. pemberton . was sir miles stapleton there at that time ? mr. mowbray . yes , he was there . l. c. j. where ? mr. mowbray . in an upper room . l. c. j. who were by ? mr. mowbray . mr. gascoyne , and the priest , and my lady tempest . l. c. j. this is all you say . mr. mowbray . yes , so far as to the particulars of this matter . mr. serj. maynard . have you any more to say ? mr. mowbray . no , no more but these particulars , unless some questions be asked . then hobart began to repeat this evidence to sir tho. gascoyne , how he came to be his servant . sir tho. gascoyne . he came as a boy to me , without hiring . then mr. hobart repeated the priests discourse at rushton's . sir tho. gascoyne . i deny it all . l. c. j. he was not present , this was a discourse among themselves . then hobart told him about the oath of secresie and the sacrament . sir tho. gascoyne . no , there is no such thing , there is not a word of it true . l. c. j. then tell him of the list. ( which was done . ) sir tho. gascoyne . 't is a most impudent lye. mr. hobart . what say you to your hand being to that list ? sir tho. gascoyne . not one word of it . mr. hobart . but he sayes 't was your name to it . sir tho. gascoyne . he had a pair of spectacles on sure that could see any thing . was it a printed list , or a written one ? mr. mowbray . it was written , your name was put to it , with your own hand-writing . ( which was told him . ) sir. tho. gascoyne . he makes what he will. then mr. hobart repeated rushton's declaring that he had given him the sacrament of secresie . sir. tho. gascoyne . i 'll warrant you he hath gotten this oath of secresie out of the news books , for i never heard of it before . let me ask thee ? didst thou ever hear it before you came to london ? mr. mowbray . yes , sir thomas , i did . mr. hobart . but will you ask him any question ? sir. tho. gascoyne . no ; it is all false he speaks , not a word of truth comes out of his mouth . mr. serj. maynard . my lord , we will now go on to another piece of our evidence . sir tho. gascoyne . i must leave it to the jury to take notice of their conversations and mine . mr. serj. maynard . whereas he says he was never owner of l. together , we will produce his own almanack under his own hand . l. j. c. do it , and we will shew it him , and see what he sayes to it . sir tho. gascoyne . why did not he discover it before ? mr. hobart . if your lordship please , sir thomas desires he may be asked why he did not discover it before ? mr. mowbray . because the papists did threaten me at such a rate , and i , being a single person against them , durst not . l. c. j. when did you first discover it ? mr. mowbray . it was about michaelmas last . the papists did threaten me , that if i did discover it they would take my life away . l. chief just. when did you turn protestant ? mr. mowbray . when the plot broke out , then i took the oaths of allegiance and supremacy . l. c. j. why did you not discover it as soon as you turned protestant ? mr. mowbray . my lord , i was not in a condition to make any friends , or come up to london upon such an account ; besides , my lord , they did threaten me ; and particularly after the plot was come out , addison did threaten me . l. c. j. but this was a great while before the plot broke out . mr. just. dolben . so long he continued a papist , and then he would not discover . mr. mowbray . this addison was often with me , and he flatter'd me , and made me continue a papist , least i should discover it . l. c. j. where is he now ? mr. mowbray . he is fled . l. c. j. what said addison when you did turn protestant ? mr. mowbray . he said if i did discover , he would take away my life . l. c. j. i wonder they did not give you the oath of secresy . mr. mowbray . yes my lord , i did receive it from rushton's own hand . l. c. j. when ? mr. mowbray . in . l. c. j. who receiv'd it with you ? mr. mowbray . it was given to me after the communicants were gone from the chappel . l. c. j. what was the oath ? mr. mowbray . he reserved the sacrament for me , and swore me by it , that i should be faithful and secret , and should not reveal any discourse i was privy to . l. c. j. reveal no discourse , what discourse did they mean ? mr. mowbray . those discourses when the priests were in private with him . then sir tho. gascoyne's almanack was produced . mr. attorn . gen. who proves sir thomas his hand ? is this sir thomas gascoyne's hand ? bolron and mowbray . yes , it is his hand . l. c. j. shew it him himself , ( which was done ) mr. hobart . is that your hand ? sir tho. gascoyne . yes , i think i saw it at the council table , this is my writing , and i will justifie every word that is written there . mr. attor . gen. read that one place . clerk. the th to peter for a . l. to corker . mr. attor . gen. if your lordship please , i desire he may be asked what that l. was for . mr. hobart . look you here sir , did you order l. to be paid to corker ? sir tho. gascoyne . it may be i did . mr. hobart . what was it for ? sir tho. gascoyne . for the portion of a child i had . mr. hobart . what child was that ? sir tho. gascoyne . i know not who it was , mary appleby , i think . mr. attor . gen. pray ask him how it came to corkers hands ? why it was returned to corker . sir tho. gascoyne . i know not that , because wee did not know where she liv'd , she was beyond sea. mr. hobart . where is she ? sir tom. gascoyne . she is at paris . mr. attor . gen. here is another book of his that does make mention of l. to mr. corker upon agreement between them . l. c. j. ask him how much money he might return to corker from time to time . ( which was done ) sir tho. gascoyne . my lord i don't know , we have been several years returning of money . l. c. j. hath he return'd or l. in all ? sir tho. gascoyne . no , i don't think so much . mr. attorn . gen. pray ask him how much was mrs. appleby's portion . sir tho. gascoyne . indeed i can't certainly say , but as the rents came in , i was to pay several sums to several persons , it was a l. a year to that mary appleby , it may be l. in all from first to last , but i shall satisfie you about that . mr. attor . gen. will you satisfie us anon why l. was paid in one year . then the book was shewn to sir thomas , who owned it to be his hand . l. c. j. read it . clerk. q. of mr. corker , what bills , for how much , and to whom directed , he hath received of me since the th of july . to june . vid. the book , p. . and the great book , fol. . where you may find p. for . l. and agree in this accompt corker , the th of august , . mr. attor . gen. first he makes a quaere , how much he returned , and then says he , the th of august i and corker agreed . l. c. j. let him read it himself . ( which he did ) mr. hobart . what say you to that , that you sent so much money to corker ? mr. just. pemberton . you must understand he is one of the priests , and bolron swears , that he intended to send . l. and by l. a piece , he reckons up . l. sir tho. gascoyne . it was a great many years , and several times . l. c. j. tell him it was but between july . and june . sir tho. gascoyne . that does not appear . mr. attor . gen. yes , it does , by the book . mr. just. dolben . then how came you to return . l. in one year to corker ? mr. serj. maynard . and never had l. he says together . mr. attorn . gen. then here is another passage in this book , if it please your lordship to have it read . clerk. take heworth at an easie rent of the widow — and purchase the reversion of craddock — and in the interim dawson . mr. just. dolben . ask him what he did mean by taking of heworth ? sir tho. gascoyne . i took no house there . mr. just. dolben . but did he agree to buy the reversion of it . sir tho. gascoyne . it was for my neece thwing . she was born in the house , and was very desirous to be in the house . mr. just. dolben . ay! but why did he take the lease of the widow , during her joynture , and why buy the reversion ? sir tho. gascoyne . i know no reason but my affection to her . mr. attor . gen. ask him who he did intend should live in the house ? sir tho. gascoyne . nay , i don't know what they intended my neece thwing . mr. just. dolben . did you intend to buy it for yourself ? sir tho. gascoyne . no , i lent her the money . mr. just. dolben . did you intend it for her ? sir tho. gascoyne . i might do with it what i would . mr. attor . gen. ask him if his neece thwing was a single woman , and was to have the whole house to her felf ? sir tho. gascoyne . she had her brother with her . mr. hobart . he sayes mrs ellen thwing was a nun , mrs. lassels was to be lady abbess , mrs. beckwith was her assistant , and mrs. cornwallis and others were nuns . l. c. j. ask him if mrs. lassels was not to be lady abbess and live there ? sir tho. gascoyne . i know nothing of it . mr. att. gen. ask him if there was not one mrs. benningfield to be there ? sir tho. gascoyne . no. mr. bolron . yes , she was to be there . mr. just. jones . why , do you know any thing of her ? mr. att. gen. she is in york gaol . mr. bolron . no , she is gone from thence . my lord , ellen thwing was a nun , and was sent for from beyond sea to instruct all them that should be made nuns , and this father cornwallis was father confessor to the nuns . he is now in york goal , taken with two women . mr. just. jones . ask him what he meant by that writing in the almanack ? sir tho. gascoyne . i did write things here for a memorandum to help and assist my neece , and the poor children of my brother ; and so the widow that was sir walter vavasor's sister , was to sell the house , and one craddock meant to sell all the lordship , and the children were desirous to keep the house , and so they bought the house and one close , and all the rest was sold ; so i writ it onely that they should have the assistance of sir walter vavasor to have the house . mr. just. dolben . pray ask him what he means by the words , in the interim at dawson . sir. tho. gascoyne . nay , what do i know . l. c. j. ask , if mrs. thwing were not a nun ? sir tho. gascoyne . they did desire if they could not get that house , that they might have another house . mr. just. dolben . and all this for mrs. thwing . ask him if she was not beyond sea , and kept in a nunnery ? sir tho. gascoyne . nay , i can't tell what she was . mr. att. gen. here is another note in this almanack , pray read it . it was sirst shewed to sir tho. gascoyne , who owned it to be his hand . clerk. mr. harcourt , next house to the arch within lincolns-inn-fields , mr. parr's . l. c. j. no question but he was acquainted with all the priests about the town , and had directions to write to them . mr. just. pemberton . he hath been priest-ridden by them , that is plain . mr. recorder . ask him what he means by the last mark there set under london ? sir. tho. gascoyne . i can't tell what it is , 't is a quaere . mr. att. gen. in the almanack there is a memorandum to acquaint mr. 〈◊〉 with the whole design , what it was , i can't tell . l. c. j. ay , pray let 's see that . mr. attorn . gen. this thwing is a priest , in newgate at this time . clerk. the th of april . memorand . acquaint mr. thomas thwing with the whole design . l. c. j. now shew him that . sir tho. gasc . look you , what is it you would have ? mr. hobart . what design was that ? sir tho. gascoyne . it was my providing moneys for him and his sister , that they should tell how to purchase the house . mr. att. gen. what , a priest and a nun ? mr. just. dolb. they had vow'd contrary to that . mr. just. pemb. ask him whether thwing be not a priest ? mr. hobart . is this thwing a priest ? thomas thwing ? sir tho. gascoyne . no , it was ferdinando thwing , that is now dead . mr. att. gen. no , but this is thomas thwing : is he a priest ? sir tho. gasc . i do not know , what have i to do ? l. c. j. then consider how likely it was , he was to purchase an house for a priest and a nun , for some such business as is sworn . mr. hobart . he sayes no , my lord. l. c. j. what is the meaning of it then , that he should name the whole design ? mr. hobart . he sayes it was the brothers and sisters that lived next door to him . l. c. j. ay , but 't is said , acquaint thomas thwing with the whole design . mr. hobart . he might acquaint thomas thwing with such his intention . mr. att. gen. we will now shew your lordship a letter , taken among the papers of sir thomas gascoyne , wherein is this proviso , talking of the settlement , in the formal settlement , let this proviso be added , if england were converted , then to be disposed so and so . l. c. j. mr. bolron , how came you by that paper ? mr. bolron . i took this paper in sir thomas gascoyne's chamber , with several others , i remember some had his hand to them , others had not , and some were signed pracid , and some cornwallis . l. c. j. is there any mark of his hand to that paper ? mr. att. gen. yes there is a mark in this , of sir thomas's own hand , the word ( yes ) in the margent . clerk. dolebank , june the th . . most honoured sir , after most grateful acknowledgments of all your charitable favours , as to my own particular ; i am also herewith to present most humble and heartiest thanks on behalf of your neece , and mrs. hastings here , who both would esteem it a great happiness to see you here , as also my lady , your honoured daughter , to whom we beseech our humble respects may be presented . i have sent the paper safely to good mrs. bedingfield , from whom shortly you will have religious acknowledgments . i told her , that i suppos'd you would judge fitting to insert into the formal writing the proviso , viz. that if england be converted , then the whole l. per annum is to be applyed here in yorkshire , about , or at heworth , &c. the which , doubtless , will be as acceptable unto her , and as much to 〈◊〉 as possibly can be imagined . now , dearest sir , let me not be too much troublesom , save only to wish you from his divine majesty , for whose everlasting glories greater praise and honour you do this most pious action , the happy enjoyment of that glory everlasting . i would lastly advise you in gods holy name , to compleat the business by drawing the formal writing as soon as possible ; & without making any material alteration from what you have already signed , save only the proviso above written . i should be glad to know concerning the receipt hereof ; and when sir miles and your son are likely to attend you to finish the business : as also when mr. pierpoint shall be arrived . these good religious are very desirous with your approbation ( and mrs. bed. at my coming from her wished the same ) to try for a removal to mr. dawson's ; th'impediments here being essential , as the house incapable to receive more scholars , with many other inconveniences also . time permits no more , only we again express our earnest desires to see your honour here with my lady , as the greatest satisfaction we can desire : i remember you hinted to mrs. beding . not long since , that perhaps you might see her at hammersmith . and how much easier you may come hither , we earnestly beseech you to take into consideration to the purpose . most honoured sir , your honour 's most obliged faithful servant , jo. pracid . l. c. j. i think 't is pretty plain , there was a design of erecting a nunnery . mr. serj. maynard . if england is converted then the whole l. a year to be employed in yorkshire about a rotten house , which would be much for gods glory . l. c. j. what other evidence have you ? mr. recorder . if your lordship please , we have another letter dated from york castle , and the backside of the letter is indorsed by sir tho. gascoyne's own hand , the time when he received it . l. c. j. when was it ? mr. recorder . the last may , he dates it from york castle , where he was in prison , and therein gives sir thomas an account of the opinion of the doctors of sorbonne about the taking the oath of allegiance . l. c. j. no doubt all of them do not approve of it . mr. just. dolben . as i believe this same pracid was the occasion of so many gentlemen refusing the oath of allegiance , i convicted above of them in that county for not taking of it . mr. serj. maynard . noscitur ex comite . you see if this be the effect of it , what reason we have to rid our selves of these priests . one that dares write such a letter , and 't is found in sir thomas's study . mr. just. pemberton . and sir thomas's own hand on the back of it . mr. serj. maynard . my lord , under favour , i do take it , that the debauching of men in point of conscience , that they may not take the oath of allegiance is to set them loose from the government , and loose from the king , and make them ready to arm when they have opportunity . mr. just. pemberton . no doubt of it brother . l. c. j. all the jesuits say they may not take it , but some of the sorbonists say they may . mr. just. pemberton . but now you see they are against it . l. c. j. some will , and some will not allow it . mr. just. jones . they take or leave oaths as it is convenient for them . then the letter being shewn to mr. mowbray , and the indorsment acknowledged to be sir thomas's hand was read . clerk. york castle , may the th . honoured , and ever dearest sir , longer time having pass'd since your last writing , it is fit to inform you how gods holy providence disposes concerning us . all the out-prisoners being call'd into the castle , ( as you may have heard ) mrs. hastings room was needed , and so she went into castle-gate to reside at the former lodging of one mrs. wait , ( who is now in the jayl ) where she remains with mrs. wait's two children , and their maid-servant , teaching the children , as formerly ; also the moor's neece goes daily thither ; and mrs. hastings lives without charge as to diet and lodging , as i formerly told you ; she spends all her time well , god be praised , and comes every morning about seven a clock to serve god at the castle : but i and two others are much abridg'd of that happiness by her room being left by her here . my liberty of going abroad is restrain'd with the rest , none being as yet permitted the least , since these last were forced to come in . madam was here the other day , and seem'd somewhat timorous about mrs. hastings teaching : but most in the castle perswaded her , that it was most commendable and most secure , and so she rests satisfied : mrs. cornwallis is recovered of her ague , god be blest : she desires her dutiful respects may be alwayes presented unto you , and intends her self to write to you . mrs. wood and her companion are well , but dare not as yet walk in their own garden . all our now prisoners are chearful , and each of us comforted , in hopes that god will make all catholicks of one mind : for i have a letter from our * spr. at london ( who was the same day taken and carried to prison ) wherein he declares , alledging authority , that the pretended oath of allegiance cannot be taken , as it is worded , adding , that three brieves have formerly been sent from the pope , expresly prohibiting it ; and in the third , it is declared damnable to take it . and yesterday we had a letter communicated amongst us , sent by mr. middleton ( now at paris ) to his friends here , containing the attestation of all the sorbon doctors against it ; adding , that whosoever here in england give leave , they deceive people , and are contrary to the whole ●…atholick church . there was also a meeting some years ago , of all the superiours both secular and regular , wherein it was unanimously declared , that it could not be taken . mr. hutchison ( aliàs berry ) who has lately printed a pamphlet in defence of the oaths , has the other day declared himself protestant at st. margarets westminster . and so i rest , honoured sir , your ever obliged j. p. mr. recorder . that is all , the other is private . mr. att. gen. if your lordship please , we shall now prove by some witnesses , that he hath returned great sums of money , because he said , he never had l. together ; and for this we call mr. phiswick ; ( who was sworn . ) come sir , were you a servant to sir tho. gascoyne ? mr. phiswick . yes . mr. att. gen. for how long time ? mr. phiswick . for six years and upwards . mr. att. gen. in that six years time what sums of money did you return to london ? mr. phiswick . 't is abstracted in a note . mr. att. gen. did you return all the sums in that note ? mr. phiswick . i refer my self to my almanack . mr. att. gen. did you set down this account ? mr. phiswick . yes , sir. mr. att. gen. then thus , sir , pray what comes it to ? mr. phiswick . those sums do come to l. l. c. j. whose money was that ? mr. phiswick . part of it was sir thomas's , part his so●…s , and part my lady tempest 's . l. c. j. can you tell how much in any one year you returned upon the account of sir thomas ? mr. phiswick . not unless i had my almanack . l. c. j. it will be endless to look over the particulars . mr. just. pemberton . can you make any estimate 〈◊〉 six years how much you returned for sir thomas himself ? mr. phiswick . no , not without my almanack , because i returned money for them all . mr. att. gen. my lady tempest and mr. gascoyne , it hath been proved , were in all the discourses . l. c. j. but that hath not any influence upon sir thomas . mr. phiswick . the esquire lived much in london . mr. just. dolb. what estate had he to live upon ? mr. phiswick . betwixt and l. a year . mr. just. pemb. what estate had sir thomas besides ? mr. mowbray . my lord , i believe it was l. a year , besides what mr. gascoyne had . mr. just. dolb. and what had my lady tempest ? mr. phiswick . three hundred pound a year . mr. just. dolben . but she lived in yorkshire ? mr. phiswick . yes . mr. just. dolben . so she needed little returns to london ? mr. just. pemberton . but admit they had returned all , yet there was l. a year to be returned for sir thomas . mr. att. gen. my lord , here is mr. mawson , i think l. was received by him . mr. phiswick . i paid in the countrey , at leeds , money , that he paid here in town . mr. att. gen. here is l. paid to harcourt , i would ask him whether it were the same harcourt that was executed ? mr. just. pemberton . i think that not material . mr. att. gen. my lord , if you please we will shew you the examination taken before the council , that sir thomas did own this bolron had bin his servant , and never unfaithful , but always took him to be , as he now found him , a fool. mr. just. dolben . if he object any thing , it will come in properly by way of reply . mr. att. gen. then now we have done till we hear what the prisoner says to it . l. c. j. tell him they have done with their evidence against him , if he will have any witnesses examined , he must call them . mr. hobert . the kings evidence have bin all heard , and said as much as they can , the court askes you if you would call any witnesses , or say any thing for your self ? have you any witnesses here ? sir thomas gascoyne . yes . mr. hobart . name them , sir. mr. just. dolben . ask what he will have done with them ? mr. just. jones . let him tell us to what purpose he will call them . sir thomas gascoyne . to examine them to the credit , and demeanour of these men , and that there is no probability in their suggestions . mr. hobart . name them , sir. sir tho. gascoyne . they are all in that note . mr. babbington was first examined . mr. just. pemberton . ask sir thomas what he would have him asked . sir tho. gascoin . look you , sir , what do you know concerning the difference between mr. bolron and i ? l. c. j. well , what say you to that q●…estion ? mr. babbington . my lord , i have not been imploied in sir thomas gascoin's business before the last winter . mr. just. dolbin . what do you know then ? mr. babbington . about spring last sir thomas gascoine was consulting with me about money bolron owed him upon two bonds , and gave me directions to sue them . and likewise he was giving me directions to deliver declarations in ejectment for gaining the possession of his farm , because he did not pay his rent — . l. c. j. how much were the bonds for ? mr. babbington . i have them here i think . l. c. j. you need not look for them , you may tell us the sums . mr. babbington . the one is for twenty eight pounds , the other twenty , to the best of my remembrance . mr. bolron having notice of this , did desire he would accept of a conveyance of an house he had at newcastle for satisfaction of his debt . sir thomas was unwilling to accept of it , but i did prevail with him to accept it , not in satisfaction , but as an additional security ; and the deeds i have here that i drew for that end . mr. just. pemberton . what time was this ? mr. babbington . this was a little before last trinity term begun . i have taken a memorandum within a day or two , if your lordship will give me leave to look upon it . mr. just. dolben . have you not had all this time to get your papers ready ? mr. babbington . my memory is very short indeed . but now i see about the third or fourth of june sir thomas gave me orders to deliver declarations in ejectment . mr. just. dolben . when did he first bid you question him for monies upon the bonds ? mr. babbington . it was sometime in may. l. c. j. did he tell you , you must sue him ? mr. babbington . yes . l. c. j. what t●…en did bolron say ? mr. babbington . bolron did then desire that sir thomas would accept of security out of his house at newcastle . sir thomas was very hard to be perswaded , but at length i did prevail with him , and i used this argument , that it was not to lend so much money upon that security , but his money was already out of his hands , a●…d else desperate , and this was a further security , and that it would not lessen his other security , and upon these perswasions he did let me draw a deed to that purpose . l. c. j. was this some t●…me in may ? mr. babbington . this d●…course was in may. l. c. j. are you sure of it ? mr. 〈◊〉 . the directions that i had for drawing the deed was in june , but the discourse with sir thomas was in may , and i do per●…ectly remember it by a circumstance which i shall tell your lordship . a●…er the deeds were drawn , ( for drawing of which i had a letter under b●…lrons own hand , and if occasion be i have the letter here to produce ) i came from york , having bin there , and appointed a day for the sealing of them . i came to the house where bolron lived , and sir thomas met me , and there ●… produced the deeds , and he of himself was very ready and willing to ●…he sealing of them , but his wife , who was joyned in the deeds wi●…●…im , would not by any means seal , unless sir thomas would deliver up the bonds he had taken for the money , but sir thomas did utterly refuse to deliver up the bonds . l. c. j. what time in june was this ? mr. babbington . a little before whitsontide . l. c. j. what time was that ? mr. babbington . that was the th of june , as i remember , that i delivered the declaration ; and that day before , which was the th to the best of my remembrance , i had this communication and discourse about sealing the writings , which the wife refused to joyn in ; but sir thomas would only take it as an additional security , refusing to deliver up the bonds , but he would suspend further prosecution , and bolron did then desire no longer time then a month for payment of the money . but his wife tho she were urged to seal the writings would not be perswaded , but utterly denied it . after we had spent a great deal of time there , bolron comes to me and desires me to come another time , and he would perswade his wife to seal the deed ; nay , said i , 't is not fit for me to come up and down unless it be to some purpose , and your wife will seal ; will ! nay , saies he , i will force her to it . my answer was this , if you take these courses , mr. bolron , i must by no means be concerned in the matter ; for your wi●…e must pass a fine , and we must examine her ●…ecretly , and if she tells me she does it by your force , i will not pass it if you would give me a l. after this about a fortnight he sent for me to come and his wife would seal . l. c. j. by the way , are you a protestant ? mr. babbington . yes , i am sir. l. c. j. and always was ? mr. babbington . yes . mr. att. gen. yes , he is an attorney at large , i know him very well . mr. babbington . this was a fortnight or three weeks after that , the latter end of june , he sent for me to his house , and that his wife would be contented to seal . and this he desired might be done on the tuesday , which was leeds market-day , and i could not go . the next day i called upon him at shippon-hall ; he was then within , a●…d desired me to go up to barmbow to sir tho. gascoyn's with him : he said he should go within two or three days to newcastle , for he had a chapman that would lay down the money , and take the security of the house , and he desired he might have the liberty to go thither to treat about it . i told him i did believe it would be no hard matter to perswade sir thomas to that , for he would be very glad of it . i went up with him to barmbow , and as we went along , he asked me if sir thomas did intend to sue him upon his bond ? i told him i had directions so to do . he asked me likewise if he would turn him out of his farm ? i told him , yes , if he would not pay his rent ; and the truth of it is , he did then deny he had received the declaration in ejectment : but my man afterwards made his affidavit of delivery , and had judgment upon it . afterwards i went up to sir thomas , and told him what bolron desired , and he consented to it as readily as it could be asked ; and in coming away he told bolron , that in the management of his coalpits he did neglect very much , and did go abroad , staying away two or three days together . to this bolron made some excuse , and said it was for collecting his debts . said sir thomas , i know not what you are about , but if you do well for your self , i am satisfied . l. c. j. how long had he been from him , and left his service then ? mr. babbington . i know not when he went , but this was in june last . after this we went back again , and in coming back he was very inquisitive to the same purpose ; he was asking me — l. c. j. you say he child him , and told him he was not a good husband in his coalery . mr. babbington . yes ; and as we came back he was inquisitive whether sir tho. gascoin would sue him , and turn him out of his farm. i did then enter into the same expressions , and told him , if he did not pay , he must be sued . l. c. j. you told me , sir thomas was agreed to stay so long , when was this ? mr. babbington . my lord , this was after we had parted with sir thomas . l. c. j. after sir thomas had prom●…ed him to s●…ay so long time , then said he , as you were coming home , do you think he will sue me , and turn me out of my farm ? mr. babbing . yes , said i. well , said he , then by god i will do that which i did not intend to do . what he meant by it . i cannot tell , but this was a little before he came to london , which i judge to be the latter end of june ; and this is all i have to say . then obadiah moor was called . mr. just. jones . did you tell sir thomas gascoyne , what he said , then i will do what i never did intend to do . mr. babbington . i did never tell him my lord , for i look'd upon it as an idle expression . and i will tell your lordship why ; because this man that is now to be examined did tell me how that he was bound for him , and that bolron to incourage him to be bound , said , you need not fear , for if sir thomas sues me , i will inform against him for keeping priests in his house ; and i did look upon it as an idle expression . mr. moor. my lord , in september last was month , mr. bolron did desire me to be bound with him to sir tho. gascoyn . said i , i told him , mr. bolron , i have some small acquaintance with you , but i have no reason to be bound with you . said he , do not fear ; there is my brother baker , and stephen thompson are to be bound as well as you . said he , i will give you my counter-security . that signifies nothing , said i. you need not fear any suits , said he ; for if sir thomas sues me , i will inform against him for keeping priests . said he , when must this money be paid ? said he , at candlemas next . so we went and were bound ; the one bond was to be paid at candlemas last , and the other in august . and after candlemas he did not pay the money , and said i , mr. bolron , i don't like these bonds , you must make new bonds for my security . i was afraid of being sued , and i desired mr. babbington to bring a writ against him , which he did ; and upon holy-thursday i had two bayliffs ready to arrest him , but he could not be found ; and i had two likewise the saturday before at his pi●…s . presently after he came up to london , and made an information , and on the th of august last i met him in ferry bridg , and he came along with me ; said he , mr. moor , you and i have often discoursed of sir tho. gascoyn , you may do me good , if you do not , pray do me no harm . you have been often at his house . with that , i asked him if he was concerned in the plot ? for , said i , you have been often telling me , and sworn it , and deny'd it utterly , that he was no more concerned than any body else : but i did but equivocate then , for i was a papist , and if i had told a lies , or killed protestants , our priest would have forgiven me for it . and so coming to farnborn , two miles from ferry-bridge , he plucked out s. and said , i have no more mony in my pocket but this , but pray be kind and do me no harm , for you know i have deni'd it all along . mr. just. jones . hath he done so ? mr. moor. yes , several times . l. c. j. how came you to disourse with him , and question him about it ? mr. moor. because there was a general discourse in the contrey , that there were few papists but what were concerned , and guilty of the plot. l. c. j. when was that discourse ? mr. moor. the latter end of september was month , when the plot ws first discovered . and he said , sir thomas was no more concerned than the child that was to be born . l. c. j. had you any discourse with him about may last ? mr. moor. no , my lord , in august as i told you i had . l. c. j. when was the last time that he told you , sir thomas had not an hand in the plot ? mr. moor. i can't certainly remember , but i think it was in february , when i told him i would sue the bond , or have better security . it was a small time after candlemas . mr. just. jones . what are you , a protestant , or a papist ? mr. moor. a protestant , bred and born so . mr. just. pemberton . he would have sworn it no doubt at that time , for he was under an oath of secrecy . l. c. j. but you say august was the first time that he discoursed to you that sir thomas was in the plot. mr. moor. yes . then stephen thompson was called . mr. just. dolben . well , what do you know of this business ? mr. thompson . my lord , if you will give me leave to speak , i know a great deal of the unkindness betwixt sir thomas and mr. bolron . he came down to me , he was sir tho. gascoyne's steward of his coleary , and sir thomas liked not of his accompts , and turned him forth . there was a great deal of mony owing to sir thomas , and he came to sir thomas to agree about it , and he desired me to be bound with him to sir thomas : said i , mr. bolron , how shall i be secured ? said he , there is a great deal of money of which i never gave sir thomas any accompt , i will gather it in and secure all , and so sir tho. gascoyne knew nothing of it . so bonds for l. were entred into to pay l. at candlemas . so sir , when candlemas came , and he did not pay the money , i went up to him , and asked him what he would do about this money , what course he would take to satisfy ? oh! never fear , said he ; why said i , hath he any hand in the plot ? if he hath let us know it ; for he had made a great deal of his goods away , and then i thought i should not be secured , oh said he , he is a sin less of it . l. c. j. who did make away his goods ? mr. thomson . bolron did . l. c. j. when was this ? mr. thomson . candlemas last . for then i thought sir thomas might sue me for the money , and i would feign have known if sir thomas had any hand in the plot , and i pressed him much to tell me . then it passed on , and having a writ out against me , i durst not stir out my self , but i did send my man to him to know what he did intend to do about it . he told my man , brother , tell thy master he need not to fear at all ; why said my man , do you know he hath any hand in the plot ? — mr. just. dolben . that is but what your man said . mr. just. pemberton . is your man here ? mr. thompson . no. mr. just. dolben . therefore you must not urge that he said to you , 't is no evidence . mr. thomson . on thursday after i went up to him my self , and got him to go up to sir thomas , and so when he came to sir thomas , he would give him no time but a fortnight to pay the money . bolron desired but three weeks time , and he would procure him his money . so away we came down . said i , what do you intend to do in this case ? said he , if he do sue me , i will do ●…im an ill ●…urn ; and soon after he went to london , and said , he would go to sell his land at newcastle . and a while after i went out to see if he were come again , and meeting him , it was when he was going to london again to ●…arry on his designe , said i , robert bolron what do you say in this case , you are going now to leave the country , and how shall i be secured against sir thomas ? do not question it , said he , for i am to receive on the kings account l. l. c. j. upon whose account ? mr. tompson . upon the king's , concerning the taking sir tho. ga●… . mr. bolron . but i never had a farthing of it . mr. thompson . but said he , i will not take it , for another bids me threescore pounds , and i know what oats and bedloe had , and i won't aba●… a farthing of that . l. c. j. when was this ? mr. thompson . it was after he had taken him ; and on holy thnrsday he did say , if he did sue him , he would do him an ill turn . then the lord chief justice being to sit 〈◊〉 nisi prius at guild-hall , went off . william backhouse was next called . mr. just. jones . let him ask backhouse what he will. sir tho. gascoyn . i would ask him what threats he gave to his wife to swear against her conscience , and pro●…ise of l. he should gain by it . backhouse . i served the warrant to carry the witnesses before esq lowther , and esq tindall . i was charged the th of july last to help fetch the witnesses before the justices , and to take sir tho. gascoyn , i and two of my sons ; and he opened the door his own self . when we had taken him , esq lowther directed us to bring the witnesses before him , and we did so . when we came to bolron's house , his wife was sick on bed , and i said that she must go before the justice of peace to swear against sir tho. gascoyn for high treason . she said she knew nothing against sir thomas . but bolron said she must go , or he would have her drawn at the carts arse . then hamsworth was called . mr. just. jones . what will he ask him ? sir tho. gascoyn . i ask him about the threatning of his wife . hamsworth . may it please you , my lord : the same day that sir tho. gascoyn was taken , robert bolron came to his wife and told her , she must go to esq lowther to swear against sir tho. gascoin . she fell a weeping , and would not go by no means : he threatned if she would not go , he would tie her to the horse's tayl . mr. just. dolben . did he tell her what she should swear ? hamsworth . i did not hear him , only to swear against sir thomas . mr. just. dolben . what she k●…ew , was it ? hamsworth . yes ; and she said , she did not know any thing of misdemea●…our of sir thomas gascoyn touching his sacred majesty , or the church . government . mr. just. jones . art thou sure he said those words ? mr. mowbray . my lord , he is a papist . hamsworth . i am a protestant . mr. just. pemberton . how long have you been a protestant ? hamsworth . i was born so . mr. just. jones . well , thou hast added a few fine words that i dare say she never said . mr. just. pemberton . were you never a papist ? hamsworth . yes , i was . nicholas shippon was called . mr. mowbray . this man is a papist too . mr. just. dolben . do you think he is not a witness for all that ? sir t. gascoyn . what discourse he had may , the day after the race . mr. just. pemberton . well , ask him what you will , what do you say shippon . mr. bolron was with me the th day of may. mr. just. dolben . what , may last ? shippon . yes , the day after ascension-day : he came to my house about two a clock in the afternoon , and staid at my house all that afternoon while an hour after sun set before he went away . he came and brought a letter with him to carry to newcastle , and it was sent away thither . mr. just. dolben . are you sure it was the day after assension-day ? how if it should fall out to be another day ? shippon . yes , assension-day was the th of may. he came to me about two a clock . mr. serj. maynard . pray what reason had you to take notice of this ? shippon . he came and brought a letter to me that was to goto newcastle , and desired me , that my little boy might carry it to a kinsmans ▪ house of mine , for he said , he was afraid of the bailiff , and did not care for stirring out . my wife brought him some meat and drink , and he said it was better than he had at home ; and she said she was the more sorry things were no better with him . mr. just. dolben . but how came you to take notice that this fell out the th of may ? shippon . the night before i met him coming from the race , which was the th of may , and he asked me if i saw any bayliffs waiting for him ? and i said , yes . and he said it was well if he missed them . and he asked me if i saw bennet johnson ? mr. just. jones . how long was it you say he staid ? shippon . he came about two a clock ▪ and staid till an hour and half after sun-set . mr. serj. maynard . what religion are you of , friend , let us know ? mr. just. dolben . what say you to the truth of this , bolron ? mr. bolron . my lord , there is not a word of it true : for i was about two a clock at sir thomas gascoyns . they were marking some sheep , and i was there most of the afternoon . mr. just. jones . were you ever at his house at any other time to send any such letter ? mr. balron . i never sent any such letter . indeed that day i was a little of the afternoon at his house , but i staid there but half an hour ; but i was most part of the afternoon at sir tho. gascoin's seeing them mark sheep . then roger gregson was called . mr. just. jones . what do you say to him ? sir tho. gascoin ▪ let him speak his knowledge . mr. serj. maynard . i desire he may ask the question ▪ for he only generally refers to them what they know . sir thomas gascoyne . what did he say to you about august last ? gregson . my lord i will tell you , we met about august last , robert bolron and i , about a week before bartholomew day . we had some discourse , he came from london a little before that , and i asked him how sir thomas gascoyn did . mr. just. dolben . was he apprehended in august last ? gregson . yes , he was in the tower. he said , well . i asked him , how he would come off about the plot ( as they call it ) ? said he , he may come off well enough , but it will cost him a great deal of money . i then did ask , how they came to fall out ? and he said it was long of that rogue addison , brother to the priest , who had called him to accompt , or else he had never done sir thomas that injury . and i suppose that was the cause of it . and then we had some more discourse , and that discourse was this , he rides a little from me ( he was on horse-back ) and came back again , said he , i can tell you , the king was at windsor , and one of the privy council made an attempt to stab the king , and the king made his escape , and now they will believe my informations the better . mr. just. pemberton . go on . gregson . that is all i have to say . mr. just. jones . what , are you a papist ? gregson . no , i am no papist , i deny it . mr. serj. maynard . nor never was ? gregson . nor never was . then j●…mes barlowe was called . mr. serj. maynard . my lord , i conceive this man ought not to be heard , for he is under an accusation of the same crime ; and we have had two orders of council to apprehend him . mr. att. gen. there was an order of council within this fortnight , to send for him up in custody . mr. just. dolben . there is nothing upon record against him , and you may discredit his testimony , but you cannot refuse him : he is not to come upon his oath . mr. sol. gen. bolron swears too that he was at the consultation . mr. just. dolben . let us hear him what he says , we must leave it to the jury what to believe . mr. serj. maynard . they would question him about mr. bolron's cozening , which ought not be . mr. sol. gen. this man hath sworn it against him . mr. hobart . why did you not indict him , sir ? mr. serj. maynard . sir , you ought not to prate here . mr. just. dolben . come , i doubt you are a little too pragmatical . mr. just. jones . if you had any record of the indictment to shew against him , we would not examine him . mr. hobart . will you ask him any questions , sir ? sir tho. gascoyne . you know , sir , — mr. serj. maynard . that is not proper , he tells him what he knows . mr. just. pemberton . look you , sir , we did not intend that you should come here to manage all as a counsel ; it was said , he could not hear well , and so you were only to tell him what was said . sir tho. gascoyn . i would ask him what he does know concerning taking of money , and stealing from me ? mr. just. dolben . but that must not be asked . ( which hobert told him . ) sir tho. gascoyn . then you must tell me what i must ask . mr. just. pemberton . come , you have been pragmatical , sir , and made him a brief , and he cannot manage it without you . mr. serj. maynard . did you write this brief ? ( meaning a brief in sir tho ▪ gascoyns hand . ) mr. hobart . no , and 't please you , sir. then mr. ravenscroft offered to speak what this witness had told him . mr. just. dolben . look you , mr. ravenscroft , if what he says tend any thing to this business , that sir tho. gascoyn comes to know of his stealing , and then turn'd him out of his service , it is material ; but if you come to tell a story here of another man's knowledge , we can't spend our time so . mr. ravenscroft . it was known but last night to me ; and if you will not let me tell you what it is , how should you know it ? mris ravenscroft . he is a chief witness for my grandfather , and i desire he may be heard , for he discovered it but last night to my husband . mr. just. dolben . if it tend any thing to this business , that sir thomas turn'd him out of doors , and therefore this man bears him an ill will. mr. just. pemberton . we had as good hear mr. ravenscroft however ; but pray , sir , make your story short . mr. ravenscroft . he came to me and said these words , i have kept a secret a long while , in which i have done very ill , — mr. just. pemberton . then it does not tend at all to this affair ; for you must not come to tell a story out of anothers man's mouth . mr. just. dolben . pray sit still , sir , and be quiet . mr. just. jones . indeed you must be satisfied . mr. just. pemberton . if you have any other witnesses , call them , and do not spend our time . mr. just. jones . for the jury must be told that 't is no evidence coming out of another man's mouth . mr. just. dolben . 't is as if a man should come and say , i can say something for sir thomas gascoyn , when i know nothing but what another man told me . mr. just. jones . ask sir thomas if he would have this barlow examined ? sir thomas gascoyne . yes . mr. just. pemberton . then what questions will you ask him ? sir tho. gascoyn . what conspiracy was had to take away a great deal of money from me , and how he conceal'd it because he would not do him a mischief . mr. just. dolben . what is that to sir thomas's life ? mr. ravenscroft . i cannot tell you by bare assertion , but if you will hear what i have to say , do . last night , late at night , about nine a clock , barlow came to me , says he , mr. ravenscroft — mr. just. dolben . come , don't tell us the preamble , but the story . mr. ravenscroft . said he , i have a thing that sticks upon my thoughts , which i doubt may endanger sir thomas's life . mr. just. dolben . well , was it about taking money ? mr. ravenscroft . said he , if i am silent ▪ i doubt it will cost sir thomas his life . then i asked him what it was ? says he , mr. mowbray , who is a witness in this court , and i , did , just a little before his going away , combine , or rather he did ●…educe me — mr. just. pemberton . was it about money ? mr ravenscroft . money is in the case . mr. just. dolben . he did conspire , what to do ? mr. ravenscroft . if you will hear me , i will tell you . mr. just. jones . pray do it quickly then . mr. ravenscroft . did combine to wrong sir thomas of a great sum of money ; and whereas i held my tongue , thinking not to spill his blood , i see now if i do not tell the truth , i shall make good his credit , and so endanger sir thomas's life . mr. just. dolben . well , i 'le ask you , or any man alive now ; two men combine to rob sir thomas whether one man be a competent witness against the credit of the other witness ? he makes himself a rogue by combining , and you have made him a knave by his own confession . mr. ravenscroft . i may perhaps err in that word ; he did not say , combine , but the other seduced him . mr. just. dolben . you have told a story to no purpose . mr. just. pemberton . you think it a fine thing to be a catholick , and to appear brisk for them . mr. ravenscroft . who says i am a catholick ? then george dixon appeared . sir tho. gascoyn . what do you know of any conspiracy of these people against me ? dixon : my lord , i was at william batley's in august last in the morning at ten a clock , and mr. bolron and mr. mowbray came in , and called for a flaggon of drink , and when it was brought , they fell into a discourse together concerning sir thomas gascoyn and my lady tempest . says mr. mowbray , i know nothing of sir thomas but that he is a very honest man. mr. serj. maynard . he was not bound to tell you what he knew . mr. just. jones . when was this , in august last ? dixon . yes ; but , said he , if i knew any thing against my lady tempest i would discover it , for i would hang her if i could . and they sat●… down at mr. batley's house to consult what they should do . mr. just , pemberton . before you ? dixon . yes , i heard every word . mr. just. jones . and what did they say ? dixon . they said they would meet at mr. bolron's house , and if they could compleat their business they should be very well gratified . mr. just. dolben . against whom ? dixon . against my lady , and sir thomas . mr. just. dolben . but you say , mowbray said he knew nothing against sir thomas gascoyne ? dixon . no ; he said , he knew no hurt by them . mr. just. dolben . how come they to say they would contrive their business ? mr. mowbray . what man is that , mr. bolron ? mr. bolron . i know him not , nor ever held any such discourse . mr. mowbray . nor i. mr. just. jones . how far do you live off one from another ? dixon . i live at leeds , mr. mowbray knows me . mr. mowbray . i don't know that ever i saw you . dixon . he hath drunk with me . mr. mowbray . i know him not , nor where he dwells . mr. just dolben . what trade are you of ? dixon . a cloth-dresser by trade , but i keep a publick house . mr. just. dolben . this discourse was at leeds , was it not ? dixon . yes . mr. just. dolben . they say both , they do not know you , nay they sware it . and 't is very like you were but very little acquainted , would they let you hear them talk thus ? dixon . we were as well acquainted as can be , but that he will deny it . mr. att. gen. pray what religion are you of ? dixon . a protestant . mr. att. gen. how long have you been so ? dixon . all the days of my life . mr. att. gen. i can't but wonder at the strangeness of your acquaintance . mr. mowbray . my lord , i have not drunk at that place which is near the old church at leeds , not this two years . then william batley was called . batley . and if it like your honour , these two gent. mr. bolron and mr. mowbray , came to my house , and called for a pot of drink . mr. att. gen. do you not know this man neither ? mr. mowbray . yes , i do , but i was never three times in his company in my life . batley . i filled them a flaggon of ale , and when i had done i left them . they began to discourse of the plot , and sir tho. gascoyne ; and mr. bolron . — mr. just. dolben . at your house , where is your house ? batley . my house is near the old church at leeds . mr. just. dolben . is that the same place the other man speaks of ? batley . yes . says mr. bolron to him , thou knowest that sir tho. gascoyne hath been very severe against thee and me , and now here is an opportunity offered us to take a revenge upon sir tho. gascoyne : mowbray replyed again , as for sir thomas , he is a very honest man , and i know no hurt by him ; but as to my lady tempest , if i knew any thing against her i would hang her , for i would discover it . but thou knowest , says bolron , that sir thomas sues and troubles me , and if i do not make somewhat out against him , he will ruine me , and it must be done by two witnesses . to which mr. mowbray answered again , how shall we bring this business about ? if thou wilt but come to my house , said he , i will put thee in a way to contrive it , and we shall have a considerable reward . and mowbray told him he would come to him such a day . mr. just. dolben . was that man that went out last , with you all the time they spake ? dixon . yes . mr. just. dolben . he does not say half so much as you do . mr. just. pemberton . were you in the room ? batley . no , i was at the stairs head . mr. just. pemberton . what did you stand there for ? batley . i hearing them discoursing of sir tho. gascoyne , hearked what they did say . mr. just. dolben . the other man said he was in the room with them ; were you in the room ? batley . i stood upon the stairs . mr. just. jones . were you in their company at all that day ? batley . yes , my lord , i carried up a flagon of ale. mr. just. jones . was the door left open ? batley . yes . mr. just. dolben . would any men talk in such a place as this , that all the world may hear them , when they are contriving to take away a man's life ? mr. just. pemberton . you were in the same room , dixon , were you not ? dixon . they were at the grice head , and we at the foot . mr. just. jones . but the other says , he was at the top of the stairs , the head of the stairs . dixon . we were at the stairs foot , and they were in the room . batley . the table they sate at , joined just upon the head of the stairs . mr. just. jones . did you hear them down to the stairs foot ? dixon . we did stand there to hear them discourse . mr. just. dolben . could you see them where you were ? dixon . yes , as fair as i see you . mr. just. dolben . could they see you ? batley . no , they could not . dixon . yes , if they had looked down . mr. just. dolben . why then i ask you , do you think , if you stood in so open a place to be seen , and they had seen you , can you imagine that they would talk so about taking away sir thomas gascoine's life ? batley . i do imagine they did not know i was there , nor believe any one heard or saw . mr. just. pemberton . do you know how they came there ? batley . they said they came out of leeds , and said , one mr. legat was to come that way , who they were to speak with . mr. just. jones . i ask you , if you were in the room under them ? batley . and if it like your lordship , i stood at the stair's foot . mr. just. jones . just now you said it was the stairs head . mr. just. pemberton . did you say any thing to them about this ? batley . no , i did not open my lips to them about it , but i told it to a friend about three or four weeks after . mr. just. jones . to whom ? batley . to a neighbour of mine : i suppose it was told mr. babbington . mr. just. dolben . what say you , mr. babbington ? how came you to know of this ? mr. babbington . when the commissioners of oyer and terminer were sitting at leeds , there was one came and told me , george dixon could afford me something that would be very advantageous for the benefit of sir thomas gascoyn . mr. just. dolben . who was that man ? mr. babbington . bennet johnson , or francis johnson . mr. just. dolben . was that the man you spoke to ? batley . no , i spoke it to a smith , one richard loftus . mr. babbington . i 'le tell you another person i heard it from , that was mr. bayliff of leeds . mr. just. pemberton . well , was this the common discourse of leeds ? mr. just. dolben . he says so . was it then presently ? mr. babbington . the bayliff did not tell me so suddenly . mr. just. dolben . would it not have been to your purpose to have brought the bayliff here ? mr. babbington . it was after the commission of oyer and terminer that i had it from him , which was in october . mr. bolron . in the time of august i was not at leeds , i was in northumberland searching for priests , and in the bishoprick of durham , all but a little of the first of it . then mrs. jefferson was called . mr. just. pemberton . what do you ask her ? sir tho. gascoyne . pray be pleased to speak to the conspiracy and combination against me . mr. just. jones . whose combination ? come , mistris , what do you know ? jefferson . i asked mr. mowbray one time , what he knew concerning sir thomas gascoyne ? and he said , he knew nothing , but sir thomas was a very honest gentleman for what he knew , and the best friend he had . mr. just. jones . is that all you know ? jefferson . he thought he was wrongfully accused . mr. just. pemberton . when was this ? was this after the time he was accused by bolron ? jefferson . it may be it might be , i think it was in august . mr. just. jones . in august las●… ? jefferson . yes . mr. just. dolben . but you must needs know ( it was the talk of the country ) when sir thomas gascoyne was sent for up to town ; was it after that time ? jefferson . yes , i think it was . mr. just. jones . then you say , you heard mowbray say that sir 〈◊〉 . gascoyne was an honest gentleman , and he could say nothing against him . jefferson . yes , ask him else . then matthias higgringil was called . mr. just. dolben . was he one at the meeting ? mr. bolron . he was at the sealing the collusive conveyance . mr. just. jones . this higgringil is a protestant , is he not ? mr. bolron . i know not , i think so . mr. just. dolben . come , sir , what say you in this matter ? higgringil . to whom ? mr. just. dolben . what can you say to the business about sir tho gascoyne ? sir tho. gascoyn . speak to the threatnings to take away my life . higgringil . i have nothing to say to bolron ; but mowbray on septemb. last , being at an alehouse , mr. legat and he were together , consulting how to disgrace sir thomas , and take away his life ; and he calls me out to speak with me : now , said he , i shall match them , for they have done what they could to disgrace me . mr. just. jones . how did he mean that ? higgringil . i suppose he had taken away some money and gold , and they spoke of it , and that was to disgrace him . mr. just. dolben . was it charged upon him ? higgringil . it was suspected always he had taken it away . mr. just. dolben . but was there any such thing talked of in the country ? mr. just. jones . what did he say to you ? higgringil . he said , they did what they could to disgrace him , and take away his life , and he would requite them . mr. just. pemberton . who they ? higgringil . sir thomas gascoyne , and my lady tempest . mr. just. pemberton . why ? did sir thomas ●…dict him ? higgringil . no ; but the noise was about the country . mr. just. dolben . when was this ? in september last ? higgringil . yes . mr. just. dolben . what profession are you of , higgringil ? higgringil . an husbandman , i graze , and i farm a farm. mr. just. dolben . you know this man , do you not , mr. mowbray ? mr. mowbray . yes ; sir thomas employs him , he is a kind of collector to him . mr. ravenscroft . he is no papist . then francis johnson appeared . mr. just. dolben . well , come , what do you know ? johnson . he hath sustained great losses by him . mr. just. dolben . he ! who ? johnson . sir thomas gascoyne . mr. just. dolben . by whom ? johnson . by mr. bolron . mr. just. dolben . what loss hath he received ? johnson . the very first month he entred , he wronged him of three pound . mr. just. jones . how do you know that ? johnson . i cast up the accompt my self . mr. just. jones . but he kept him two years after that ? johnson . yes , he did . mr. just. jones . is this all you have to say ? johnson . yes . mr. bolron . my lord , i lost three pounds the first three weeks , and sir thomas forgave me it ; i don't deny it . mr. just. dolben . do you know of any malice between them , and that he said he would do him any mischief ? johnson . no. then mr. pebles clerk of the peace in the county of york was called . sir tho. gascoyn . i would desire you to speak of the carriage of mr. bolron to you , sir , what you know . mr. pebles . my lord , i was in york last assizes , and mr. bolron came to me into a room , where i was with some gentlemen , and asked me how i did ? and asked me if i did not know him ? i told him i did not remember him ; said he , i am the the prosecutor against sir tho. gascoyne . so when he was sat down , after a little while , he desired to discourse with me , and asked me if a man was indicted as a traytor whether it were fit to pay him money ? i owe , said he , sir tho. gascoyne money , and i would know whether it be fit to pay it to him ? said i , i think you may safely pay him his money before he be convicted , but then 't is the king's in my opinion . nay , said bol. he is sure to be convicted . thensaid i , i think it not safe to pay it therefore i leave that to your own discretion whether you will or no. alittle after he desired to have my opinion concerning the two judges that came our circuit , for i am might●…ly abused by them , said he , they will not at all give me audience ; i came from the king and council , and they slight me , will not hear me speak . said i , i believe if you will go to them , they will hear you . i went to speak with them , and they sent some of their servants out to know what i would say to them ; but i have wr●… a letter to them , to tell them my mind , but said i , i can't believe , that any one will presume to carry such a letter , but for that i will leave it to you . so i came away from him , and after he follows me out , and desires to speak with me again ; said he , i have something against you concerning this business in hand , i can do you a prejudice if i will. said i , god bless me , i know nothing of it , i do not at all intend to court your favour , i have no mind at all to that . said he , i will not do it ; and he spoke as if he had no desire to do it ; i would not court him , but came away and left him ; he followed me to the street again , and said , will you help to apprehend a traytor ? who is it ? said i : it is a gentlewoman , said he , a woman greatly concerned in the plot , you may apprehend her in the street , and 't is the best time . now the street was full , and i thought it a little unseasonable : so he looked after me , but i never offered to go from him ; but said i , was she in the plot ? yes , said he , she was to be the first lady mayoress o●… york after the plot took effect , and the king was killed ; but he did not lay hold upon her . so i parted with her , then said he , i can have no respect ; said i , i have nothing to do with you , i am clerk of the peace of the west riding in this county , and am always ready to do my duty there . so away i went and left him . the next news i heard , was , he had procured a warrant of the council against me , and he brings the warrant to a justice of peace , and that justice of peace told him there would be several justices of peace at leeds within two or three days after , and then they would examine the business ; i chanced to be in a room with some gentlemen , not knowing of the warrant that was out against me , and this gentleman that was the justice of peace called me into another room , and told me of this business : admired at it , and told him i did know nothing of it , nor that i had disobliged him , unless it was because i did not give him the complement and ceremony of my hat , nor give him money , neither did i know what information he had procured that warrant upon . he told me mr. mowbray and mr. bolron were in town . so i desired him to send for the other justices into the room , where he acquainted them with the matter , and said he , if you will , we will examine it to night ; so they sent notice to mr. mowbray and mr. bolron , that they would examine the business that night at a clock , and they came , and he was asked what he had to say against me ? he said , i had taken money for keeping a man from taking the oath of allegience , and they had witnesses to prove it . — mr. serj. maynard . must he be here admitted to make his own defence ? mr. just. dolben . brother , let him go on . mr. pebles . the witness was call'd upon , and they asked him to that point , and he denyed absolutely upon his oath that he gave me any money , and also swore he had taken the oath when it was tendred to him . then , my lord , there was one mr. dunford an attorney , was spoken of as if he could prove something , but he was miles off , and they could not send for him , and so i begg'd they would appoint another time for hearing when he could be there : they appointed munday following , and ordered me to attend , and one of the justices of the peace undertook to give dunford notice . accordingly i came there , but there was no mr. bolron , nor mr. mowbray , but i desired that mr. dunford might be examined upon his oath , and they did take his information in writing , and he swore he knew nothing of it , neither did he ever give me money upon any such accompt . mr. just. dolben . you were not by when it was sworn ? mr. pebles . i saw the examination taken in writing . mr. just. pemberton . and you were discharged ? mr. pebles . yes , for he could not make out any thing at all . mr. just. pemberton . it was well for you he could not make it out . m. pebles . they said they could prove it , and vouched these two persons , but both denied it upon their oaths . mr. just. dolben . is that all you know ? mr. pebles . that is all i can say in particular ; i have not a mind to speak against him in general , because he is the king's evidence . mr. just. dolben . you can say nothing of his repute ? mr. just. pemberton . you were a stranger to him , you did not know him . sir tho. gascoyn . i desire he may speak what reputation he hath among the justices . mr. pebles . i have no mind to reflect on the king's evidence , and if i did , it would seem as if i should speak in malice : he hath done me wrong but i never did him any . mr. just. jones . but what is his reputation generally ? mr. pebles . truly 't is not very good in the country . mr. just. jones . among whom ? mr. pebles . the grand jury and the gentlemen of the country . mr. just. jones . is it a common fame in the country ? mr. pebles . most people discourse ill of him . mr. just. dolben . did he say he did not speak with the judges ? mr. bolron . no my lord i did not . mr. just. dolben . you did speak with us , indeed you would have had us allowed you a guard for your safety , which we could not do . mr. bolron . whereas he says i gave in a wrong information , this same hunt when he came before them confessed he gave him s. but he would not swear for what it was . mr. serg. maynard . 't is nothing to the purpose one thing or other that he hath said . mr. just. dolben . 't is altogether uncertain ; no body knows what to make of it . then hardwicke was called . sr. tho. gascoyne . do you speak what threats bolron hath used to his wife to swear against me . hardwicke . when the pursivants came up to barmbow , the chief constable ordered me to assist mr. bolron in execution of the warrant , and to carry the witnesses before a justice . we went to robert bolron's house to take the witnesses , and there was his wife , his brother , and his sister . we were to carry them before a justice and they refused to go , his wife pretended to be sick and could not go , and they begg'd of us to excuse them . mr. just. dolben . who do you call they ? hardwicke . his wife , his brother and his sister : bolron told them they must go , and william backhouse and i ordered them by all means to go along with us , i suppose it was to testifie what he had sworn . mr. just. jones . what were they to do , did he tell them ? hardwicke . they were to go to tell what his testimony was above , as well as i understood the discourse . mr. just. dolben . we have had two persons to this purpose before . they say he would have his wife go , and she refused to go , and cryed ; but they do neither of them say he pressed her to speak anything more than she knew or against her knowledge . mr. just. pemberton . no , one of the witnesses said , he told her it was to ●…peak her knowledge . then william clow was examined . mr. just. dolben . come what say you ? clow. the th . of may last i had a writ against bolron , and my man arrested him and brought him to my house . mr. just. dolben . at whose suit ? clow. at the suit of one hickringil that was servant to sir thoma●… , and there i had him two days and would not carry him to the gaol , for he begged of me i would not ; but then i told him i would keep him no longer there , for he had no money for lodging and dyet ; but he begged so hard of me , that i would but tarry till hickringill came , and then he did not care what they did with him : for he would make sir thomas pay hickringill his debt that he owed him , or he would play him such a trick as he little dream'd of . mr. just. dolben . when was this ? clow. the th . or th . of may last or thereabouts . mr. just. dolben . may last ? clow. yes . and so hickringill came over , and they did agree , and he gave him a lease of an house he lived in , and hickringill took the charge of both the debts upon him . then hobart stood up . sr. tho. gascoyne . speak whether he pretended he writ a letter to the duke of monmoth from leeds . mr. hobart . my lord i have nothing to say to that . mr. just. jones . what can you say then ? mr. hobart . all i can say is to the summes of money returned to town . mr. just. dolben . he did not mention that . mr. hobart . if you please to let me declare what i know about the returning of the money . mr. just. pemberton . pray speak what you know of your own knowledge . mr. hobart . for most of it i know of the payment of it , and to whom , l. there was paid to mr. trumbal about the purchase , it was paid at mr. mawson's ; i was a witness to the deed , and to the receipt . mr. att. gen. that is some , but what to the rest ? mr. hobart . l. was payed to a client of mine , l. was paid to one widow cawson that was upon bond. mr. just. dolben . how much was paid to mr. corker ? mr. hobart . several sums , above l. paid to corker in years time . mr. just. pemberton . nay in years time . mr. hobart . this l. and l. before i drew the receipt for , and commonly he ordered me when mr. corker came for it , that i should have a receipt from mrs. mary appleby , and it came back signed by her , to whom sir thomas was guardian . mr. just. dolben . and was all this money paid to corker upon the account of this appleby ? mr. hobart . it was mentioned in the receipt . mr. just. dolben . how much was she to have by the year ? mr. hobart . l. by the year or two sometimes . mr. just. dolben . how came she to have l. in years ? mr. hobart . my lord , i will tell you , for that there was a great arrear upon a suit between sir thomas and mr. appleby , this mrs. applebys father ; and upon the hearing of the cause my lord keeper bridgman was pleased to order that this money should be paid to s●… . thomas for the use of the daughters , l. a year , that is l. a piece . and there was an arrear for or years during the suit , about or l. it was : i drew receipt for it , and sir thomas being pressed for the money by mrs. appleby who went beyond sea , he sent to corker to get the money returned to her . mr. just. dolben . ay but you dance about the bush , was there an arrear of l. mr. hobart . for or years , and mrs. ravenscroft was one of the sisters , her part was paid when she was married , but this gentlewomans was paid beyond sea . mr. just. dolben . was the arrears from sir thomas to the gentlewoman beyond sea ? mr. hobart . yes . mr. just. dolben . are you sure there was ? mr. hobart . yes , sir thomas told me so . mr. just. pemberton . who was to pay this mony ? mr. hobart . mr. appleby by order of my lord keeper . mr. justice jones . sir thomas was guardian , was the estate in yorkshire ? mr. hobart . it did arise out of rents there . then one culliford was called . mr. just. dolben . what say you ? what do you know of this matter ? culliford . this gentleman lodged at such a time at my house , the th . of june . he was at my house seven weeks , and he was gone weeks , and returned again ; he was weeks away . mr. just. jones . what gentleman was this ? culliford . mr. mowbray . mr. just. dolben . what is that to the purpose ? mr. just. jones . how do you apply that ? mr. hobart . mr. mowbray hath said he sent a letter to the duke of monmouth . mr. just. dolben . there hath been no mention made of any such thing . have you any more witnesses ▪ mr. hobart . no. mr. just. dolben . then ask sir thomas what he hath to say for himself . mr. hobart . have you any thing to say to the court for your self . sir. tho. gascoyne . no i referr my self to the judgement of the court. then a woman witness appeared . sr. tho. gascoyne . what do you know concerning mowbray , whether he was suspected of stealing when he was at my house ? witness . yes , he was , my lord , he would have given me l. to have gone away , and he did intend to have clapped me in prison , and laid it all upon me . mr. just. dolben . how do you know that ? witness . he told me so . mr. mowbray . this is a common woman and not to be believed . mr. serg. maynard . my lord , we will reply but one short thing in mat●…er of evidence . much of this that hath been given by the desendant hath been to take off the credit of the witnesses , and for bolron they would suggest that he hath been dishonest to sir thomas , but when sir thomas himself was examined to that point before the council , he said he found him honest , but only accounted him a fool. mr. just. dolben . that is proper for you to do now brother . mr. serg. maynard . and sir thomas being examined about rushton , he said he did not know such an one , and then afterwards he did say he knew one of that name . here is sir john nicholas the clerk of the council . ( who was sworn . ) mr. att. gen. pray sir , do you know what sir thomas gascoyne said at the council table . sir john nicholas . he was asked whether he knew bolron , he said he knew him very well , he had been his servant till within this twelve-month or something more , but for his honesty he had nothing to say to it , till of late that he had not behaved himself so well in giving informations against him . but he did find him now what he did always take him to be , a fool. mr. just. dolben . what did he say about rushton ? sir john nicholas . at first he did say he did not know rushton the priest , but after it was brought to his memory he ●…aid he knew one of that name . mr. att. gen. 't is taken down in the minutes , sir john look upon them . sir john nicholas . he denied at first that he knew rushton the priest , and afterwards the next time he came to the council , he said he did deny it , because he was afraid of an old law against harbouring of priests . mr. att. gen. if your lordship please we will now trouble you with a witness or two in answer to what backhouse and hardwicke have said as to bolron's threatning of his wife . we will call the wife to give you an accompt of that . mr. just. dolben . they do not charge him that they pressed her to swear falsly . mr. just. pemberton . that does not at all touch upon the witness . mr. att. gen. if the court be satisfied we will trouble you with that no further . mr. just. jones . i believe backhouse did say , that this bolron would have his wife go before the justice of peace , she said she knew nothing at all , yet he would have her go and testifie her knowledge , and if she would not , he would have her dragged at the horses tail . mr. att. gen. i think 't is necessary to call a witness or two to that . first to call her herself . ( then mrs. bolron was sworn . ) mr. att. gen. what did y●…ur husband threaten you to make you swear against sir tho. gascoyne ? mr. just. dolben . now you are upon your oath speak the truth . mrs. bolron . no , never in his life did he threaten me upon any such accompt . mr. just. dolben . do you remember when the constable came down to have you go before esquire lowther ? mrs. bolron . yes , my lord. mr. just. dolben . how chance you did not go with him ? mrs. bolron . i was unwilling to go then , because i could say little to the purpose . mr. just. dolben . did he use any threats to you to make you swear against sir thomas ? mrs. bolron . no my lord , but he would have me go , whether i said any thing or no. mr. just. dolben . did he ever desire you to speak any thing you did not know ? mrs. bolron . no , my lord , never in his life . mr. att. gen. my lord , mr. bolron desires to have this woman his grand-mother be asked whether he threatned his wife ? ( and she was sworn . ) mr. sol. gen. she was by at that time . mr. just. dolben . were you by at that time when the constable came to carry the witnesses before mr. lowther ? mrs. bolron senior . yes . mr. just. dolben . heark you , did not you see the woman that went over there cry , and say she was unwilling to go ? mrs. bolron sen. her husband said she should go , tho' she said nothing . mr. justice dolben . but her husband did not press her to say any thing but what was truth ? mrs. bolron sen. no indeed did he not . mr. just. pemberton . and did not seem to stick before . mr. attorney general . what can you say to this honest man here your son ? mr. just. dolben . i 'le warrant she will say he is honest still . mr. att. gen. but here are a company of people would make him a dishonest man. mrs. bolron sen. sir thomas gascoyne said he was as truthful a servant as ever he had in his life . mr. just. dolben . did you hear him say so ? mrs. bolron sen. i heard him say so in his own chamber . mr. just. dolben . when ? mrs. bolron sen. after he was married : and besides sir thomas did say he would do any thing he could for him , in relation he had been a true servant to him . mr. just. dolben . call mr. phiswicke again . ( who appeared . ) look you sir , you are a man that i see have been trusted by all the family of the gascoynes , and you know in what reputation he was . mr. phiswicke . sir , while i was his fellow-servant i knew no ill by him . mr. just. dolben . was he accompted an honest man ? mr. phiswicke . i can say nothing to the contrary . mr. serg. maynard . then my lord to conclude i desire to speak a word . on the one side here is an ancient gentlemans life in question , and that or his death are to be the issue of this cause ; on the other side here is the discovery of a plot upon which all our lives , our religion , and the life of our king depend . it did require your patience , and you have yielded it . where lyes the question ? if these witnesses that have been examined be believed , there is no question but he is highly guilty of the plot : the witness tells you , when there was no talk of the plot , there was a preparation of a false and fraudulent conveyance to be drawn by advice of counsel , and why was this made ? lest he should for●…it his estate . this is proved in the beginning . you find next a meeting of the priests , and there what they did , does not concern this gentleman at the bar till he took notice of it , and then joyned in it , and approved of it , and did declare it was a worthy plot , a meritorious plot for the good of the church , and at last particularly he would give l. to bolron to destroy the king and murder him . the t'other witness agrees with him , and what is said against all this ? they have called and examined i think or witnesses , three touching the threatning of his wife , but that salls out to be nothing ; two ale-house-keepers that stood at the bottom of the stairs and over-heard their discourse ; but you have all heard how they contradicted one another , they ▪ had not agreed well enough together on their story . all that the rest do is meant thus , and so far they make something of it , that there should be a debt due from this bolron to this gentleman , and so it were some contrivance as if he would do it by way of revenge ; it does fall out many times that men do quarrel , but this is a business of anothe●… nature . they say that he should threaten he would serve him a trick , or there were some such words ; but under favour , the question is of the truth of his testimony ; now it is not likely , that they knew what his testimony would be , and there is nothing against the other witness that concurrs with him , but the fellows that were upon the stairs , that talk one of one part of the stairs and the other of the other . the matter is clearly whethe rthe witnesses be to be believed , or whether there be any thing sufficient offered to take off their testimony . you will be pleased to observe as to what was spoken about the money and the nunnery , we brought you a letter from the priest who was mentioned to be one of them at the meeting pracid , that writes and dates his letter from the place the witness speaks of , and there you will observe that in one of the letters'tis expressed if england be converted , ( there is the main of the plot ) for all i suppose goes to that purpose , pray who thought of england's conversion at that time ? what led them into that but a consciousness of a design to convert england ? my lord , another piece of a letter there is concerning the oath of allegiance , you have heard it read , and every body knows what the meaning of it is , it is the engine of the jesuites that if they can but draw men off from their fidelity to the king , whereof there is no testimony so great as the oath of allegiance , they need not use so much of eqaivocation ; but that is an abominable thing , and not to be endured to go take off the strength of that oath that hath been taken by men more honest than the rest , and not suffering the rest to take it at all : and it is a damnable thing that they should assert the king is an heretick , and the pope has deposed him , therefore it is meritorious to kill him : but you have heard the evidence fully , and it needs no aggravation . mr. sol. gen. my lord , i think the evidence hath been already repeated by mr. serg. maynard , and my lord , i think there is nothing in this case , but only the credit of the witnesses , for if they be to be believed , there is an evidence as full as can be . i know your lordships observes how it is introduced , how they are fortified in some circumstances , which sir thomas did at first deny . they tell you that he had a pious intent to found a nunnery , and did proceed so far as to make a settlement , this was denyed by sir tho. gascoyne , but hath been verified , and made out by his own books and letters writ to him , which were found in his own custody . this did sir thomas gascoyne do with an expectation of a sudden change , for the letters do declare , that england was to be converted as they called it , and therefore they had settled their matters in order , and they thought fit to insert that proviso in the settlement , that if england should be converted then , the money was to be disposed so and so . but your lordship likewise observes , and you , gentlemen of the jury , what other correspondence sir t. gascoyne had with one cornwallis or pracid a priest. he receives a letter which shews you what the principles of all the catholicks are , how far they have proceeded to take away even the oath of allegiance , and the consequence of that how far it will go , when they think themselves obliged in conscience to cast off fidelity to their prince , and what mischiefs may ensue no man knows , but we may in part imagine . you have already had sufficient discovery to make out the use of this instilled principle , and that is the design to kill the king , for this you hear what the evidence say . mr. bolron one ▪ of them is sent to the priest to be instructed by him ; and by him was chid for offering to go against their principles to take the oath , and told him he was damn'd for so doing . and presently after he was examined by sir tho. gascoyne upon some discourse with him what rushton had said , who had moved him likewise to kill the king as he says . sir tho. gascoyne knew to what purpose he sent him thither , not only to renounce the oath of allegiance ▪ but to carry on the design which he had in hand , and did introduce by laying aside the oath , and tells him he must engage in the design to kill the king. he examines him what the other had spoke to him of , and he said he knew it was more than bare chiding of him for taking the oath of allegiance , and he told him for his better encouragement to go on , that if he would undertake he should have l. and this is the sum of bolron's evidence as to sir tho. gascoyne . what then says mowbray the second witness , he was so faithful a servant and so diligent , that he was imployed by rushton the confessor to attend him at the altar , and be in service immediate about him , and he being by that means so dear to him waited upon him in his chamber , and was privy to all the consultations held there . and he gives you an accompt how long this plot hath been in agitation , for they had been discoursing a good while of it ; and resolved it should be done if not by fair means , by foul , and tells you plainly by killing the king. and that he heard sir thomas gascoyne himself declare that it was a meritorious act to kill the king , and that as before he had the oath of secrecy given him by rushton , so he did declare ( which mowbray standing at the door heard ) that he would never swerve from the oath , but he would assist to the utmost of his power , and they that were with him said they would stand by it with their lives and fortunes ; and when my lady tempest understood he was there and was iealous of him , she bid him go down and entertain the guests below stairs . so here is an evidence from two witnesses as full as can be in any case , that sir tho. gascoyne was privy to the conspiracy , and himself a partaker of it to kill the king. all that hath been said against them is to vilifie their reputation . as to mowbray i hear but little , onlythere are two witnesses that touch him , and indeed if these winesses were to be believed , they say a great deal , that is , they were in an alehouse together and heard them conspire to take awaythe life of sir tho. gascoyne . indeed mowbray said , for sir tho. gascoyne i know nothing but that he is a very honest gentleman , but for my lady tempest if i could hang her i would . that they should hear them contrive this together and conspire how they should take away the lives of this gentleman and the others . indeed if these men say true 't is a great matter to take off the credit of their testimony , but you heard gentlemen how they did vary : for the one said as i apprehended at first he was in the room , afterwards he was below stairs . ask the one could you hear them ? yes , could you see them ? no ; said the other , yes . so that they were not well provided as to that matter , nor had they consulted that point well where they should agree to stand to overhear the matter . now if that be likely they should in the presence of two persons whom they did not know , and one of them they never saw , but in the court , declare and discourse of such a matter as this for the taking away the life of sir thomas gascoyne , then we have nothing to say to them , we must leave the credit of that to you , you will observe their variety in the story , and the improbability of the thing . but then for mr. bolron the evidence against him is , that he is a very dishonest man , and that this is all out of malice to sir thomas gascoyne , because he would sue him upon his bonds . you observe how he does behave himself under that prosecution , all that he hath he is willing to part with for payment of his debt , he makes over his estate for satisfaction and security , and does as much as an honest man can do : all he hath shall lie at stake , and as for sir thomas gascoyne himself he had no such opinion of him in poin●… of dishonesty , for he declared he lived in his service without exception , and said before the council he knew nothing of dishonesty by him , but only this information , and now he found him to be ( what he always thought ) a great fool . now whether he thought him a fool for telling this story or what else , you may explain the meaning of his expression . but as for any thing of dishonesty there is nothing against mr. bolron . he was in debt 't is true , but what he had lay at stake for the payment of it , and as far as it would go sir thomas might take it ; but that for malice he should come to swear against him , there is nothing clearly made out . one witness says indeed , that he should say , does sir thomas gascoyne intend to sue me , then i will do what i did not intend to ; do whether that be a speech of malice or no , or rather does confirm the truth of his evidence , is left to your consideration . it shews rather there was something that he had in his power to do before any prosecution from sir tho. gascoyne , or any occasion of his malice against him : it hath not the necessary import of a malicious speech , that he did intend not to do such a thing , and because he was sued did do it ; that therefore is only malice and no truth . for the other matter that is said against him , that he should endeavour to suborn his wife to swear falsly , that was by no means fully proved ; but rather that matter hath been sufficiently cleared , that though she said she knew nothing , yet he would have her go , though she said nothing , and you hear what the evidence hath been for mr. bolron , that he never did press her to swear falsly , nor threaten her if she would not , but only desired her to declare her knowledge if she knew anything ▪ the truth and nothing but the truth . these are all the objections made against the credit of the witnesses , and i think if their credit do stand you cannot have a clearer . evidence to convict any one than hath been given you to day , but that we leave to you ; and submit these objections whether they have any weight in them , and whether they have not been fully answered . mr. serg. maynard . and our evidence is given in all upon oath , and their's is not . mr. just. jones . gentlemen you of the jury , the prisoner at the b●… stands indicted for high treason , and for high treason of the highest nature , for conspiring to take away the life of the king and for endeavouring to change the religion , the protestant religion into popery , that is , contriving to extirpate the religion of protestantism here , and introduce popery instead of it , and certainly greater crimes than these no man can be accused of . there have been produced on the behalf of the king two witnesses mr. bolron , and mr. mowbray , both of them servants to sir thomas gascoyne the prisoner , and therefore might very possibly and probably enough be privy to all they have said , andtestified in this case . it does appear by them both , that sir thomas gascoyne was a very early man in the plot ( if they say true ) we heard nothing of it till the long vacation ( ) but it seems sir thomas gascoyne was a plotter and conspirator in the year ( ) or ( ) and that he might be able to do this somewhat more safely , he contrives how he might convey away his estate to prevent the forfeiture , and he makes an assurance of it to sir william ingleby colourably as the witnesses swear for l. and it does appear likewise as to the introduction of the popish religion here , they began to settle a nunnery , and it was fit to do so against england should be converted ▪ first in such a place , but if it happened england were converted , then to be removed to another place . there was at this nunnery appointed an abbess , an assistant and several nuns , and sir thomas gascoyne so well knew of this , that one of them that was appointed to be a nun at the time of her taking horse , he said to her , there goes an old maid and a young nun. and there are letters come from that very nunnery and from the priest that was appointed to attend them as confessor , which have been read to you ; and there is another preparation thought necessary to introduce this plot , and that is , that all papists might be seduced into an opinion that it was a dangerous thing to take the oath of allegiance , and that it was a dam●…able 〈◊〉 . for this purpose letters came from the doctors at sorbonne , and they determine it to be so , lest any man of that religion should be so good a subject as to profess obedience to the king in temporals . then the plot goes on between sir miles stapleton , sir francis hungate , sir charles vavaser , sir thomas gascoyne , mr. gascoyne , middleton , rushton , my lady tempest , and a great company more , all met together and consulting in sir thomas gascoyne's house in his great room , his old dining room to this purpose , not only to bring in their religion but kill the king expresly ( so says the witness ) i think they had often talked of it before the witness in the priests chamber , for he being then a papist was privy to his masters design and the rest of the confederates for killing the king , which was the only thing they desired to effect , as the best way to bring in their religion : and there was great reason to do it they said too ; for the king had not kept his word with them when he was in his exile , for they said he had promised if he was restored to his kingdoms he would restore the pepish religion , but now he was returned and had broke his promise ; and nothing more was to be done , the pope having declared him an heretick , but to destroy him , and this was that which was agreed among them . the th . of may last after diverse other consults had about it the priest rushton being at sir thomas gascoynes house , bolron is desired to go into the gallery , and there presently comes in rushton sir thomas's priest , bolron acquaints him that he had been at the sessions and taken the oath of allegiance ; assoon as ever he heard it , he cries out he had committed a damnable sin , he must of necessity renounce it , and repent of it ; and he could give him a pardon , for he had an extraordinary power , more authority than others , he could give him absolution if he did repent of it , and that no catholick must by any means take the oath . a while after they had a discourse concerning killing the king ; and the witness says indeed he was not act●…ally in the room , for he says he stood at the door , and heard all the discourse , till at last the lady tempest one of the conspirators tàking notice of his being there , sen●… him down stairs . mr. just. pemberton . that is mowbray . mr. mowbray . i was called into the room and then sent down . mr. just. jones . 't is true brother that was mowbray , but as to b●…lron's discourse with rushton , when sir thomas gascoyne who was not in the house at the time bolron was with rushton , but had given a charge he should not go before he spoke with him ; when he did come home and spoke with him , he takes upon him to go on with the discourse concerning the plot , and he swears positively that he offered he would give him l. and this he swears he should have paid him in london . this is expresly the testimony of bolron . now what says mowbray ? he tells you , though that is but introduction to make his evidence more probable , that there was great resort of priests to the prisoners house . he tells you of the discourse and consultation the priests had in the house , and that it was expresly and precisely for killing the king. he tells you that he did stand at the door and heard it as i observed before , and he tells you too which hath not been observed that at that time there was produced a list of or persons that had engaged in the design of killing the king , he did see the list ; he did lee sir thomas gascoynes hand which he very well knew and was acquainted with , and which might very well be , being his servant : so that here is not only a discourse and agreement by parol that he should be in the conspiracy , but if you believe him , he says , that here is actually the hand of sir thomas to the engagement to do the villany , and truly they that were of that perswasion at that time might easily be induced to it . for it was agreed amongst them , that they should have a plenary indulgence of years , and it was a meritorious act , and though sir thomas perhaps was not so ready to contribute in all things , yet hearing of the meritoriousness of the act , and withal that he should be canonized for a saint for this piece of piety , he certainly might readily consent to it . mr. mowbray indeed was asked , why he did not discover it sooner ? he tells you why , he was in fear of the papists , he was threatned , and very like he might be possessed with fear , and so might a man of greater constancy till the business was discovered , and therefore he did not talk of it in the country , but came up here where it was more safe to discover it , and hath been here ever since : besides this testimony of these witnesses , gentlemen , there are some papers produced ; some that mention money that hath been conveyed by sir thomas gascoyne in confirmation of the testimony of bolron the first witness , who does swear that he heard sir thomas say he would send l. to the jesuites to go on and prosecute this plot ; and afterwards he did hear him say he had sent the l. that he had promised . now it does appear by sir thomas's almanack that he had sent several sums , his receiver phiswick did speak of l ▪ and he himself did give a touch towards it . indeed phiswick was a receiver ●…or sir thomas , and likewise for his son and for the lady tempest , but it is impossible if they had sent all the money that ever they had , and considering too that the lady tempest as appears by the witnesses lived in the country , that it could have amounted to near that sum of money , for she had but l. a year , and the el●…est son had but l. a year , how then could l. be returned for them in years time . 't is true there is some answer given as to that l. by that witness hobart , who says there was a suit , and l. a year decreed to be paid to mrs. appleby sir thomas's niece for so many years , and he to take care of sending that to her , and though that was but l. a year , yet there was a decree or some order to pay the arr●…rs with the other money which made it up l. the evidence for the king against the prisoner is but two witnesses , but they as positive and express as possibly can be . what then is said by the prisoner or the witnesses in his defence ? there is one that is shippon that gives some testimony against the very evidence and the possibility of it to be true in one part of it ; for bolron he tells you that the th . of may was the time , when there was that consult held at sir thomas gascoynes in the gallery with the priest , that he staid there till night , and that then sir thomas talked with him and made this proffer to him for the murder and destruction of the king. here comes a witness s●…ippon and tells you that that very th . of may bolron was at his house at a clock and staid an hour or two after sunset ; if that weretrue that he were there all that time , it is not then true that he speaks of about sir thomas gascoyne , and it was impossible that he should be at the consult at that time when he says he was there , and afterwards spoke to sir thomas gascoyne . now gentlemen you have the kings witness upon his oath , he that testifies against him is barely upon his word , and he is a papist too , for that he was asked , and he did confess himself so . i do not say that a papist is no witness , ●…a papist is a witness , and he is a witness in a papist cause , and for a papist ; but i must tell you , there is less credit to be given to a papist in a cause of this nature , who easily can believe they may have indulgences and pardons enough for saving one from the gallows who is to be canonized for a saint if the plot take effect . he hath only affirmed it who is a papist , the other who is a protestant swears what his evidence is . mr. babbington who was the first witness examined for the prisoner , he tells you there had been some debates and differences about rent and money that was owing by bolron to the prisoner . he laboured and interceded often on his behalf , ●…but at length not being able to prevail that he should not be sued ; the witness swears , i will then do that which i did not intend to do . what he meant by it is doubtful , and it is an ambiguous speech , but to interpret it that he would swear falsly to take away a mans life , and so commit both murder and perjury , is hard to infer and conclude from such doubtful words . there are some witnesses that tell you , that is , moor , and others , that bolron did say and swear that sir tho ▪ gascoyne was never concern●…d in the plot : that might very well be , especially if you take the time when he did say this , he was a papist a great while after sir thomas had ingaged himself in the plot , and while he was so , it is not unlike he would venture an oath to save any of the same perswasion and religion he himself ▪ was of . but whatsoever he said it was not judicially , he was not bound to discover to him he spoke to , he is now upon his oath , and you have heard what an express testimony he gives . as to what is said concerning his wife , that he should endeavour to perswade her contrary to her knowledge to give testimony against sir tho. gascoyne , and therefore he is not to be believed ▪ here upon his own oath , who would have his wife forswear herself to fortifie him : there is no such thing , and it does appear by the evidence of those that are sworn , that he was earnest , ●…d would have his wife go and testifie her knowledge ▪ but did not infuse or intimate any thing to her she should say , whether she did know it or no : a●…d to assure you that , you have the oath of the woman herself , who hath been present here , and tells you the same thing . dixon he comes and says , in august last , mowbray said he knew nothing of the prisoner , which may be answered by his fear ; but concerning the two witnesses that mr. sollicitor did take notice of , he did tell you , and 't is plain , how very improbable it was two persons should speak in the presence of strangers , and tell them they were about to take away the life of another person , the one of the lady tempest who had done him a displeasure , the other of sir tho. gascoyne , but mowbray at that time said he knew nothing of sir tho. gascoyne ; but gentlemen , besides what was said before , this is improbable any such thing should be , and you hear the witnesses , at least one of them , that he never knew one of the two . mr. bolron . i knew neither of them . mr. just. jones . i should be very loth to omit any thing on the witnesses side , or that hath been materially testified against them on the prisoners . i did not conceive the evidence given by mr. pebles to come to any thing at all . there was a discourse between bolron and him at last assizes , after some talk bolron tells him he had something to say to him , and what was it , bolron was told that he had charged some persons that he ought not to do , ( excused them for money that did not take the oath of allegiance as they ought to have done ) and it seems he did it hear , and so far he went as to bring witnesses before the justices of peace to prove it . and although they did not give evidence against mr. pebles in that very particular , yet certainly he thought they would have said something , but that does not argue at all , that because he did accuse mr. pebles ( as he thought justly in that particular ) therefore that now he should falsly accuse sir thomas in a matter that concerns his life so highly . there are some other things that were said by the witnesses that would tend towards the proving of some malice in the witnesses towards sir thomas gascoyne , and therefore they give in this evidence : one thing indeed was spoken by hickringill , that is , it was generally reported in the country that mowbray had taken away money from sir thomas gascoyne , and that mowbray himself said , that as they had endeavoured to take away his fame and life , now he had found an opportunity to requite them . so saith the witness , but 't is not very probable . i leave it with you upon the credit of the witnesses for the king , who have sworn it upon their oaths , and the others that go upon their words , and not their oaths , whether they have taken away the force and strength of the kings evidence which is as sull , express and positive as can be by two witnesses . gentlemen , here is on the one side the life of an ancient gentleman before you , on the other side there is a conspiracy against the life of the king , who is the breath of our nostrils , and whom god long 〈◊〉 . i know you being upon your oaths will take into your considerations both , and give a verdict according to the evidence you have heard . mr. just. dolben . i will tell you gentlemen , i cannot forbear saying one thing to you . there is some evidence that makes it a very improbable thing to be true what mr. bolron hath said , and yet mr. bolron having said it so positively , and mowbray agreeing with it , probabillties must give way to positive proofs . i saw you did observe it when it was mentioned , and 't is true , to me it seems improbable that at the very same time that sir thomas gascoyne should sue him upon his bond , and take a course to turn him out of his house , that he should then be privy to such a conspiracy ; 't is improbable either that sir thomas should offer him such a sum of money to kill the king , or if he had , that he should afterwards take that course at law against him . now for that i say this to you , you are to give a verdict according to your evidence . they have such secret contrivances amongst themselves ( and he was a papist at that time ) that where there are two men that positively tell you a thing that lies within their own knowledge , and swear it is true , it is scarce any improbability that should weigh against such an evidence . mr. just. pemberton . and gentlemen consider withal as to that , for truly my brother dolben hath rightly minded you of that improbability , for it was no more : but then you must consider all the circumstances . 't is indeed at the first blush improbable that a man would communicate so great a secret to another , if he did intend to sue him for money he owed him , but then 't is likewise as improbable that he would provoke him by a suit if his life were in his hand ; but consider the delivering of the lease of ejectment , and those things were the th . of june . mr. babbington . but i had sued him before , my lord. mr. just. dolben . the of june he says . mr. babbington . i had direction long before i did it . mr. just. pemberton they threatned him the , but they did not do it . but look you gentlemen consider this , i do not doubt but sir thomas gascoyne was sure that this man durst not discover any thing of this , for they had given him the sacrament and an oath of secrecy , which they look upon as a tye among themselves as long as they continue in that religion , not upon any accompt whatsoever to be undone , and they have such confidence in it that they will trust their lives and every thing in a man's hand when they have given him that oath . alas how could these people have the confidence to plot one with another as they do , when they know their lives are in the hands of any one of all the rest , but upon this accompt ? do but swear them unto secrecy and give them the sacrament of the mass upon it , and then they think such a one is proof enough against anything in the world , for that is damnation if they break it , as their priests tell them , but i doubt not but sir thomas thought he had them as fast as can be upon that l●…ck . but as to sir thomas's evidence of those men at leeds , this is after the accusation of sir thomas that they speak of , and can any man alive believe that they would go and plot to contrive the death of these persons in the face of strangers , after he was accused ? 't is so strange an evidence that no man alive can believe it to be truth . look you gentlemen , persons that go to contrive such things as these are , go in secret , and hope they should never be discovered ; but by one of themselves . who would contrive when two be by , and if they say true might see them as well as hear them , though they did contradict one another in their evidence , the one said he was above , the other said he was below , the one said he might see them , the other not . look you gentlemen i do see that they do lay some stress upon this , that he was his debtor , for that they seem to prove by their witnesses , but you must lay no great stress upon that at all , for the money were not quit if sir tho. were found guilty , the money is due to the king then , he saves nothing by it , his mony must be paid let the prisoner be found guilty , or not guilty , 't is all one to him . you must consider this case , gentlemen , if you believe the●…e men are perjured men , and have gone and contrived a malicious design against a mans life ; then god forbid they should be believed any way , but it is a positive evidence and 't is not an evidence barely of it self , but introduced by a great many circumstances that went before , they tell you the whole affair , that it does seem they have been privy to the affairs of these jesuites all along ; and sir thomas gascoynes house hath it seems abounded with them , he hath been very beneficial to that sort of people , mighty charitable as they call it in superstition , and you must consider that nothing can ●…eem strange to them that will be ridden by priests , they put them upon all the immoralities and villanies that can be found out for the cause of religion as they call it ; nothing can seem strange that is testified against them . therefore i must leave it to you upon what you have heard and upon their credit whether you believe the witnesses or not . mr. just. jones . ay , 't is left upon their credit that are your own country-men , better known to you than us . mr. just. dolben . look you sir thomas hodgson , and the gentlemen of the jury , if you will come in again in any time we will stay in court , otherwise you must lie by it all night , for we can take no privy verdict in this case . mr. just. pemberton . ay , we will stay , and hear motions a little while . then the jury withdrew from the bar , and after half an hour returned again , and being called over gave in their verdict thus . cl. of cr. sir thomas gascoyne hold up thy hand . look upon the prisoner ; how say you , is he guilty of the high treason whereof he stands indicted , or not guilty ? foreman . not guilty . cl. of cr. did he fly for it ? foreman . not that we know of . then the verdict was recorded and the court rose . finis . notes, typically marginal, from the original text notes for div a -e yes . * mr. record . that is superior . a sermon preached before the late king james his majesty at greenwich the of iuly together with two letters in way of apology for his sermon : the one to the late king iames his majesty : the other to the lords of his majesties then privie councell / by john burges ... burges, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a sermon preached before the late king james his majesty at greenwich the of iuly together with two letters in way of apology for his sermon : the one to the late king iames his majesty : the other to the lords of his majesties then privie councell / by john burges ... burges, john, ?- . [ ], p. printed by thomas brudenell, london : . reproduction of original in thomason collection, british library. eng james -- i, -- king of england, - . england and wales. -- privy council. bible. -- o.t. -- psalms cxxii, - -- sermons. a r (wing b ). civilwar no a sermon preached before the late king james his majesty, at greenwich, the . of iuly, . together with two letters in way of apology f burges, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preached before the late king james his majesty , at greenwich , the . of iuly , . together with two letters in way of apology for his sermon : the one to the late king iames his majesty ; the other to the lords of his majesties then privie councell . by john bvrges minister of gods word ; since doctor of divinity and parson of sutton cofield in warwickshire . london : printed by thomas brudenell , . a sermon preached before king james his majesty , at greenwich , the . of iune , . the text , psal. . , . for my brethren and my neighbours sake , i will now speake peace unto thee : because of the house of the lord our god , i will procure thy wealth . the title of this psalme shewes the excellency and author of it : a song of degrees , a psalme of david . the psalme it selfe is gratulatory : davids gratulation to and for the good estate of ierusalem , the metropolitan city of his kingdome . in which he first professeth his joy for the present good estate thereof , and demonstrates his care for the future . that which he rejoyceth at in the present condition of it , is ; first , the forwardnesse of the people to gods service : secondly , the good estate of the city , which was built as a city united , made ierusalem of iebus and salem , the fort of the iebusites being subdued by david , and by building united into one city , now at peace ; in which also religion was set up , yea the staple of religion ; for thither the tribes went to worship ; and justice also , yea the royall seats of justice . the demonstration of care for the good of that city hereafter , hath in it two branches . the kings incitation to all his subjects to pray for the peace of it ; and he sets them downe a forme of praye● : the holy ghost knowes well enough how to pray in a set forme . the second thing is his owne promise , as it were his magna charta , the kings great charter , for the good of ierusalem , in the words now read . a great charter , but in few words , which yet are massie and weighty , containing the kings grant in the word of a prince to gratifie ierusalem in two things . first , to use her kindely : and secondly , to procure her wealth . to both which he addeth his reasons ▪ as we shall see in their places . the promise of kinde and gracious usage is not so plaine in the words of our translation , as in the originall ; for where the translation saith , i will wish thee prosperity , the originall saith , i will speake peace . a speech that every where as well as here , signifies all kinde usage , under one speciall kinde of it , that is good words . so psal. . . where david speakes of some that speake peace to their neighbours , but malice is in their hearts , they speake friendly . psal. . . god will speake peace unto his people ; that is , will use them graciously . and in hester . . it is said of mordecay , he spake peaceably , saith the translation ( peace , saith the originall ) to all his seed . whereby it may appeare that the first parcell of the kings grant , is to use his people graciously , to speake peace unto them . in which parcell ( if we marke it ) be foure points . first , what he will doe ; i will speake peace . secondly , to whom , to thee , to ierusalem . thirdly , for what respect , for my brethren and companions sake . fourthly , when ? now : but that when is indeed why , as we shall after heare . . touching the thing what we learne in davids example . first , that it is the office and care of good princes to speak peace unto their people . they are fathers , a title as of power , so of love , to teach them to use their subjects as children . they are masters , but saith paul to masters , ephes. . know , that even your master also is in heaven . the greatest kings are servants to the great king of kings ; let them use their servants as they would be used of their master graciously . to this end , because the disease of princes oftentimes is the swelling of heart , and to dye upon such swellings , it pleased god in the . of deutrinomy both to restraine them from windy and swelling meats , forbidding such multitude of chariots and horses as might lift up their hearts above their brethren , so as to make them forget that they are men and rule over men : and also to give them a dyet , the booke of god to meditate upon , which is able to moderate and temper the heart of any prince ; without which no kings heart , no mans heart can be good as it ought . secondly , now as it is a duty of princes to speake peace , so it is an ornament unto them . curtesie is a christian vertue , commended to all men in the epistles to the ephesians and colossians . that which is curtesie in a subject , is graciousnesse in a prince : a vertue of the same kinde , onely advanced to an higher place by the dignity of the person . and it is an ornament that becomes none so well as princes , the images of the gracious god , whose deputies they are , whose titles they beare . it was truly said of pythagoras , that in two things specially we imitate the nature of god , truth and goodnesse . a prince faithfull of his word ▪ and gracious to his people , is a goodly image of god . we see that in greater maps things are expressed more plainly then can be in the smaller ( though they be drawne by one skill ) so in the greatest personages this ornament is fairest , when they that of all others have the best : warrant to speake roughly , shall speake peace . thirdly , and as it is a duty and an ornament , so is it a bond , and one of the best that princes have to obliedge the hearts of their subjects unto them . it is therefore noted of mordecay as the ground of his acceptance among the multitude of his brethren , that he did these two things ( which the king here promiseth in his charter ) he procured the wealth of his people , and spake peace unto all his seed . the strength of this course , to melt the heart of the subjects , appeares in david in sam. . who understanding the minde of the ten tribes to fetch him home againe , takes the watch-word , and sends to the men of iudah this message , why are you behinde to bring the king againe to his house ? ye are my brethren , my bones and my flesh are ye , wherefore then are ye the last that bring the king againe ? and to amasa this protestation , god doe so to me and more also , if thou be not captaine of the hoste to me for ever : to lead the army for him , that had led it against him ; what was the effect ? he bowed the hearts of the men of iudah , as one man , saith the text . such strength hath the gracious usage of a soveraigne in the hearts of good subjects . againe , ioab knew well what strength was in the kings good speeches , who ( finding the king so wounded for absolon , that he retired himselfe , as if he had lost a kingdome that very day , in which the kingdome was recovered , so as the people also stole away , as men that had lost the battell ) comes to the king ( and after other expostulations , rougher then became a subject to his soveraigne , yet wholesome for that time ) come out , saith he , and speake comfortably unto thy servants , for i sweare by the lord , except thou come out , there will not tarry one man with thee this night , &c. nor hath the holy scripture alone this observation , but even among the heathen ( that it might appeare a truth which nature is not ignorant of ) we finde it still observed and recorded as a meanes that drew the hearts of the people to their princes . thus suetonius notes of titus , that he had that of nature or of fortune , good luck , as we say , to win every mans good will : and among many things , reports this one gracious speech of his , that no man should goe away sad from speech with a prince . the like of augustus , as the meanes that setled him in the hearts of the people , and by name this one observation ▪ that when a poore man offered him a petition trembling ▪ he encouraged him , and said , petitions should not be given to a prince as meat to an elephant , that one is afraid of . the like of traian . antoninus , and others is reported , which i forbeare to recite . all shewing , that it was observed as a meanes of gaining the affections of the people , to speake peace unto them . fourthly , and on the contrary , to doe otherwise is not safe , neither at the entrance , nor when a prince is setled . for the entrance , rehoboam is a witnesse , who being a yong king followed yong mens counsell ( indeed yong counsell though old men had given it ) and as they bad him , told the people , his father had scourged them with rods , but he would beat them with scorpions ( that is , say some , with whips which have wires in the lashes ends , to make them bite where they goe ) his little finger should be heavier then his fathers loynes . the old men had given him better counsell , to serve the people that day , and give them good words , and the people would be his servants for ever . but this good counsell would not downe with the yong king ; what was the end of it ? why , when the people saw that they were not regarded , they left him , and bad the house of david looke to it selfe . thus for want of speaking peace , he put himselfe out of the greatest part of his kingdome . and for an established state , we have a story of caesar , that after he was growne great and strong in his state , yet his very speeches gave occasion of distaste , and conspiracy against him ; as by name , that he said , the senate ( for that i thinke is meant by respublica ) was but a name onely . this was a meane of loosing their hearts , and his owne greatnesse ; however god plagued those that conspired against him : as take this for a generall rule , god never spares those that rise up against princes , how evill so ever they be . finally , for this purpose comines hath a grave discourse in his fifth booke out of his owne observations ; i would i could speake it in his owne words , he speakes it so well , i will goe as neere it as i can : he tels what is the misfortun of a prince , it is not ( saith he ) to take a fall off a horse , or to be smitten with a sharpe ague , that is no misfortune to a prince ; what is it then ? when god will not suffer him to reigne ( that is a misfortune indeed ) but what be the prognosticates of it ? first , saith he , god smites him in his wits which is a great blow , he meanes not surely in his sences , but in his judgement ; then he sets division in his house ▪ and ( saith he ) the prince is so farre in gods disgrace , that he flyeth the company of the wise , and advanceth fooles , oppressours , and flatterers , and such as sooth him in all his sayings . if he take a penny , they bid him take two ; if he be angry with a man , they bid hang him . further , they give him counsell in any wise to cause himselfe to be feared ; and they also behave themselves cruelly and proudly , as though authority were their inheritance &c. this was that wise mans observation , which i have repeated ( as i thinke ) very neere in his owne words , to shew how princes loose the hearts of their subjects ▪ when they grow perswaded not to use them graciously . so then , whether duty , or ornament , safety or danger be respected , it appeares that david had good cause to promise , and all good princes to performe , gracious behaviour , towards their subjects . . we have heard what he promised : now let us heare to whom . to thee , saith he , that is , to all his people ; of which ( as was said ) ierusalem was an abridgement . to shew favour to some , hath bin in those that were worst noted . nero had his favorites , not worthy to be named . galbo had his three paedagogues , besides vimius the broker , that prevailed with galba as gold did with himselfe in any thing : and so others . but this is the princely goodnesse of christian kings ▪ to be good to all their good subjects . all are their subjects , therefore should have the sun-shine of their soveraignty : all are their brethren and companions as we shall after heare : companions in scot and lot ( as we say ) i meane in every burthen of their troubles ; and therefore should have so●e portion in the common comfort of their favours . and indeed this is kingly graciousnesse , to be gracious to all their good subjects ▪ and to doe good to all ; like the sunne that shines to all like christ that did good wheresoever he became . there is nothing more grievous to the subjects then inclosure of commons , or overlaying them when great men over-charge them so , that poore men can make no use of them for their reliefe : i say there is nothing more grievous , unlesse it be monopolies , and i cannot tell which of them is more grievous , but there is no inclosure of commons or monopolies so grievous as the inclosure and ingrossing of a kings favours , or to make a monopoly of a king . what then , would we have the favour of princes so common to all , that it should not specially abound unto some ? god forbid : for as the vitall spirits in the body goe to the least member , yea to the fingers end , yet are most plentifully bestowed where nature hath the greatest imployment of them . so it is fit that the favours of princes lying open as a common to all their subjects in their proportions , should be specially placed on men of chiefest use and desert . . we see what , and to whom , let us now see upon what respect . i will speake peace to thee ; sed quare ? ( saith augustin ) non propter honores meos , non propter pecuniam meam , non propter vi●am meam : not for mine honours , not for my treasure , not for my life ; but for my brethren and neighbours sake● . for thine owne sake i will speake peace unto thee . and indeed this is true love ; for love ( saith the apostle ) seekes not her owne things . and this is trve graciousnesse , and like the goodnesse of god himselfe , who is good to us for his owne goodnesse sake , and for our good , not for his : he gaines not surely by any match at our hands . for my brethren and companions sake . these very words have weight , and carry a secret reason of that respect for which he will speake peace unto them . they are brethren , not of the same wombe , but of the same nature in common : brethren by the mothers side , the common mother . companions ( for so the word signifies ) not in the court , but in the same countrey ; companions in the house of god , and in the convenant of grace , and in that respect brethren by the fathers side ; partners of that honour , which all good princes take to be ( and is ) their greatest honour , that they are the children of god . brethren in nature a thing which as no prince will deny , so none need be ashamed of , seeing christ himselfe , though he were the sonne of god , and thought it no robbery to be equall with god , yet in respect of the partnership in the flesh , was not ashamed to be called a brother , and to call us brethren , as the author to the hebrewes saith . this consideration is a great motive ; it was so to iob , he durst not contemne the judgement of his servants , no not of his maid , when they contended with him . for ( saith he ) what shall i then doe when god standeth up , and when he shall visit me , what shall i answer ? why so ? he that made me in the wombe , hath he not made him ? that is in effect , is he not my brother ? it yeelds a gracious meditation for christian princes ; as to thinke in time of famine , these that dye as starved , they are not dogs , they are my brethren : in the time of pestilence , this is not a murren of cattell , they are my brethren that thus perish : in the oppression of a poore man , this is not an horse overloaden ( which yet a man should pitie , though it were his enemies horse ) this is my poore brother , whom god made , whom christ dyed for . so in their lawfull suits and cries , these are not the cries of other creatures , nor of strangers , but of my brethren : how will my father take it at my hands if i the elder brother use not my yonger brethren graciously ? so we see in the kings grant , what , to whom , and for what respect he promiseth . of all which , the vse is first unto princes , then unto their servants about them , and lastly to all their subjects . as touching to use to the lords anointed , having dressed these things with so homely cookery , it will not become me to be a carver also to my soveraign lord ; but humbly , and in the feare of god doe beseech your majesty , to give me leave to apply this unto you in pauls words to timothy , consider what i say , and the lord give thee understanding in all things : yea humbly beseech your majesty to know your selfe , and your owne most gracious disposition , of which every man reporteth that speaketh with you in private , and still to use it , and to speake graciously to your loving subjects . and for the rest , it remaines also , that your majesty hunt away two beasts , the tame beast and the wilde , the flatterer and the false informer , which shall attempt to set off your sweet affections from any of your loving subjects . the second vse is to the servants that attend about the kings person , and to them it is a word of admonition , that seeing it is the office and duty of a king , and the desire and disposition of our gracious king to speake peace unto his people , they would take heed of doing any evill office betweene the king and his good subjects , by applying unwisely causticks to the sinewes : for if it be a cursed thing to set division betweene brethren , what is it betweene the father and the children ? assuredly to alienate , by any meanes , the heart of the prince from the people , or of the people from the prince , is a worke for the divell , and not for any of the kings good servants . and lastly , to us all , it is a word of incitation , that we should know what to be thankfull unto god for , that have a gracious prince to speake unto us ; and also to pray , that god would ever so dispose of the kings heart unto his people and all his people unto him againe , that as he came unto us with the greatest applause that ever prince entred with all , so he may continue with the greatest acceptance that ever prince had , and may make us but one onely mourning day , that is , the day of separation , like the mourning for good iosiah , for whom all israel lamented when he dyed . and secondly , how to beare our selves as loyall and dutifull subjects , with all reverence to the lords anointed , that we may be worthy of gracious usage . and if perhaps something fall out otherwise , let us remember that of salomon , if the spirit of him that ruleth rise up against thee , goe not out of thy place , take not the sturdy . consider thy selfe if thou be a master , how thou usedsts thy servants ; if a father , how thou art sometimes passionate to thine owne children : and then remember , that princes have greater provocations , greater power . and if there be something in them which may not be justified , yet the reverence and duty of subjects is to hide it , going backward . thus much for the first part of this charter . now come we to the other ; wherein he saith , i will procure thy wealth . the word signifies to seeke , but with all endeavours to obtaine , and therefore is well translated , procure ; that is , i will doe thee good . indeed it is a gracious thing to speake peace unto them , but more gracious to doe them good . we say in an homely proverbe , better meat without sauce , then sauce without meat ; yet ( no doubt ) two good things together are best . a childe that is hungry may be stilled a while with dandling and singing , but it must have the brest , or else it will not be contented long , good and gracious words please well , but good deeds , doing justice , seeking the common good , is that which gives the chiefe content unto the subjects . but why , saith he , i will procure ? had he not done it ? yes undoubtedly , but he will doe it still , he will doe it more : as he had also spoken peace unto them before , but will speake it still unto them . god hath given princes such power and meanes ▪ that they should , and might be continuall fountaines of goodnesse unto the people . but let us consider now more particularly this part of the kings promise . wherin first , what he would doe : and secondly , why. the thing , what , hath in it two branches . first , the very object of his care ; that is , their good . secondly , the manner of procuring it , noted in the word of seeking : which is a word of strong signification , and importeth all diligence and industry in seeking their good . for the former , let it be observed , that the good of the subjects is the charge of princes . for to this end hath god ordained them , witnesse the apostle , rom. . he is the minister of god for thy wealth , for thy good ; if then doe well , for thy comfort , if thou doe ill , for thy terrour , and yet therein for thy good : for it is as good for some to be terrified , as for others to be comforted . and indeed this is the proper greatnesse of kings and princes , that god hath made them the great instruments of common good . as if no blessing could be passed to his people but under the great seale of their office . a wonderfull honour unto them : for even as ioseph in aegypt was set over the corn , so as he might have relieved , or starved , not the egyptians onely , but the countries of the world neere unto it , in the time of famine ; and this ioseph was there for the second man in the kingdome . so princes are the second to god himselfe , in that god hath put into their hands to doe universall good unto their people . a goodly honour , which as it doth require great residence upon so great a charge ; so may it much encourage christian princes to doe their office , the benefit whereof is so universall . and if it might please princes sometimes to looke about them , and when they shall see a poore man labouring and toyling all day as a servant in base worke , and all for the backe and belly , or ( perhaps ) for a few poore children at home that cry for bread ; and then to think , good lord , how this man toyles , and all his worke is but for himselfe , where i labour not as a servant , but as a lord , in workes not base , but honourable ; and not onely have the good of it to my selfe , but am an universall good as a blessing sent of god to the whole land . such a meditation shall greatly encourage them to seeke the good of their people . i will seeke , saith he , that is use all diligence and endeavour . if princes seeke not the good of their subjects , it will not be found . great things will not be done without great labour ; if they seeke not , things will be other wayes done then they would , and ( which is the mischiefe ) other mens faults will be scored upon their accounts . it is said of galba , that many things passed under his name , of which he was innocent ; yet because he permitted them whom he ought to have brideled , or was ignorant of that which he ought to have knowne , he lost reputation , and opened the way to his owne overthrow . the fault was other mens , the blame his . if they seeke not , they may be abused by such as i spake of before , flatterers and misinformers , such as will alwayes be about princes to cast shadowes , and stand in the light of their best subjects : as ziba did to mephibosheth : unlesse princes be wise , as an angell of god to finde out the hand of ioab in the disguisings of the woman of tekoah . we have heard now what he will doe , he will seeke their good : but let us also consider , why : for the house of the lord . what is that ? the tabernacle , the temple being not built as yet . but how was that gods house ? doth the lord dwell in houses made of hands ? or could he be contained in a tent , that filleth heaven and earth ? surely no ; but because he did there reveale himselfe by sacramentall representations ; as princes sometimes marry by their pictures , he is said to dwell there , and that to be his house . the thing is , because of gods true worship and service , he will seeke their good . where ( i beseech you ) that it may be marked , that this should be the speciall end of procuring the wealth of the people , for the house of the lord , for the religion sake , and the true worship of god . indeed this is the speciall thing , to know god , and feare god aright . and if princes provide not this for their subjects , peace and traffique , and such like , makes no better provision for them , then is made for oxen in good pasture , nay not so good ; for an oxe therein hath all he needs , but a man without this , is left unprovided in the farre greater part , even in his soule . and as princes without this care provide not well for their people , so they provide but ill for themselves ; for they can have no certaine assurance of their subjects without it . the great bond of allegiance is an oath of the lord . what if a professed atheist take an oath , is hee bound ? he is not sui iuris . what if he that is an atheist in effect take an oath , one ( i meane ) that denies the power of godlinesse , that hath a dispensatory conscience and will make licences to his conscience , as roagues doe to themselves under hedges ? what if a man be a papist , that beleeves ( as he is bound by their rules to doe ) that the pope hath power at his pleasure , to dispence with an oath , and to dissolve any bonds ; hath the prince any assurance of such a subject , which hath his dependency upon the pleasure of a foraigne power ? it is true then that nothing can cast a sure knot upon the conscience of the subject , but the true knowledge and feare of god . so as when princes doe advance the good of gods house they establish the good of their owne all in one . i adde further in this point ▪ that which is to be observed in all the kings of israel and iudah , that their stories begin with this observation ( as with a thing first worthy to be chronicled ) how they dealt in matters of religion . such a king , and such a king , and what did he ? he did that which was right in the sight of the lord . and such a king , he walked in the wayes of ieroboam the sonne of nebat , which made israel to sinne . i spare to cite places , but it is the generall observation of those bookes of kings and chronicles , as they that read them know ; yea farther it may be marked , that as generally , when princes have forgotten to seeke the good of their subjects , to which they were ordained of god , god hath surely plagued them himselfe ; perhaps so much the more severely , because none may doe it but he ▪ and he will doe it throughly when he takes it in hand . so yet specially hath god humbled princes , and even povred contempt upon them , when they have contemned ▪ or forsaken the house of the lord . of this the scripture gives us examples ▪ as well in such as never advanced the house of god , as in those that fell off , in part or in whole . as we may see in the stories of iehoram , iehoas and even of salomon , whose fal i cannot name without trembling , to thinke that such a man so wise , that had spoken with god twice ( as it were familiarly ) i meane by vision , should in his old dayes be seduced , and fall to set up grose idolatry . as for iehoram , he refused the house of the lord ; god raised him up adversaries , and after smote him with a disease in his bowels , of which he died miserably , and when he was dead , his people made no mourning for him as for other kings : so he was neither happy living , nor honoured dead , because he sought not the good of his people for the house of the lord . iehoas also did well as long as jehoida his good councellour lived ▪ but when jehoida dyed , the kings goodnesse dyed with him . then the princes came to the king and spake reverently to him , and compasse him with good words as with a net ( for as salomon saith , he that flattereth a man , spreads a net for his steps ; ) he yeelds , and forsakes the house of the lord . but what became of it ? first , the aramires came and with a small band they overthrew a great army and slew the princes that had misled the king , and left the king himselfe in great diseases ; so that he was spared to live longer , to be ( as it were ) but longer in dying ; and yet at last his owne servants slew him : and when he was dead , they buried him not in the sepulcher of the kings , as not thinking him worthy of a kings sepulcher , that had not done a kings office for the house of the lord . i might speake of others and all to shew that god hath specially humbled princes , when they have forsaken or impugned his true worship ; doing executions upon them on as high a stage , as they played their parts on ; that their punishment , as their faults , might be of speciall height and note . i will adde one observation more , that through neglect of this care of religion , the power of christian princes was lost ; and while they put off to the prelates all the care of the house of god , god also cast from them their authority , and made them vassals . so they lost their greatnesse , and the clergy found it , and it hurt them both . it is ( as i remember ) a note of platina in the life of adrian the third , that after they had fully ingrossed the emperiall power , there was never since emperour of strength , or pope of vertue : so they lost both by it . and indeed , as the blood if it fall any way out of the veines too much , there is some danger , but if it fall into the body extra vasa , there is more danger , for there it will corrupt and putrifie : so was it with the supreame authority of princes , when they suffered it to fall unto the clergy ( as it were ) extra vasa . and here i desire to informe a mistery , a mistery of iniquity , to shew how from the authority usurped in ecclesiasticall causes claime is made to the whole power of princes . bellarmine saith in his fift booke of the roman bishop , a fourth and sixt chapters , that the pope hath nothing to doe with temporalties of kings , properly ( nay his word is directly , but he hath it indirect , indirectly ( as true as may be indirectly indeed ) . as how ? he may not ( saith he ) depose princes simply as a lord , but for the safety of soules , for the good of the church : so from the care of the church they challenge power over princes . good cause have princes then to maintaine their supremacy in causes ecclesiasticall , and to be jealous of that title , as also to use that power for the good of the house of the lord , lest if they cast away one moity , god cast away the other . and here may come in that last branch of the first part , which through haste i forgot which i desire might be of use , though it come somewhat out of the proper place ; i meane that time , that now , of which he said , i will speake peace . why now ? ment he that he would doe it out of hand , and keepe the word of a prince , which is to them as great a band as an oath of the subjects ? nay , but by this note of time ( now ) as illericus well observes in his clavis scriptura , not so much the time , as the circumstance of the time is often noted . and so it carrieth a reason why he would now speake peace unto them ; yea , and ( as i thinke ) why he would now procure their good , for the house of god sake . for i see not but that it may be referred to the whole grant , i will now speake peace unto thee , i will now procure thy wealth . but why now ? because the people were so forward ▪ and came thus to the house of god , and said , our feet shall stand in thy gates , o jerusalem . therefore in this float of good affections in the subjects , the kings heart is inlarged , and he promiseth now to speak peace , and now to seeke their good . wherein it is good to consider , that when god disposeth the hearts of the people to goodnesse , to religion , princes should specially cherish them and incourage them . it is noted of david in chron. . that when the people offered willingly , the king rejoyced . of hezekiah also in chron. . when he drew the people to jerusalem to worship , and they came and offered , that the king rejoyced that god had made the people so ready ; for the thing was done sodainly . and indeed then to use them graciously , and then to seeke their good for the house of gods sake ; when god hath best disposed their hearts , is a speciall meanes to cherish goodnesse it selfe ▪ and is the crowne of the benefit . we read of ethelbert ( that christian king of kent ) that he would compell none to religion , but he drew religious men about him , and countenanced them , and by that meanes increased them innumerably . and surely this is a worthy course to advance godlinesse and vertue , as strong as any compulsary meanes . because , every man ( saith salomon ) seekes the face of the ruler , which if no man could finde but in the way of godlinesse and honesty , none would seeke to finde in the way of vice and flattery . to this circumstance i adde , that as by the course of the moone , there be spring-tides at the change , and at the full : so at the change , if any man will change a false religion for the truth ; and at the full , if any man be growne to a full measure , such as we attaine in this poore life ; i meane , if any man be well thriven in goodnesse it is sit that spring-tides of favour should slow unto such . but now to returne to the consideration of the house of god , for which he will seeke their good . the very words carry their weight , and shew why he should specially seeke their good ▪ for the house of gods sake , and the good of the house of god : it is the house of the lord of jehovah ; should not that be cared for ? there is care of provision for the kings house , and good cause there should be so , and he is not worthy to be the subject of a good prince that should grudge it . now should there not be care for the provision of ▪ gods house ? he addes , our god ; that is , his god , and their god . he must needs seek their good for the house sake of that god which was their god . one god to both , one house of god to both , chara pignora : one god , one faith , one baptisme , one religion , the sweetest bands . and assuredly , whosoever should goe about to set up severall religions , should also goe about to sever the prince and the people . thus have i bin bold this day , but it is before the lord and before his anointed . now for the vse which belongeth unto my deare soveraigne ; i humbly beseech your majesty ( and speake it with a kneeling heart , as becometh me , and in the feare of god ) to stirre up your owne most noble spirit , and to set your heart to seeke the good of your people , for the house of god . god gave you as this day to be borne , for the good ( i am perswaded ) of all christendome . god hath brought you to this goodly kingdome , and established you in it , with wonderfull peace and acceptance : god hath given you goodly knowledge , and it appeares in publique how able you are , to teach all the duties of all kings . now i beseech your majesty remember what great things god hath done for you , and answer him in goodnesse , and set your heart ( as i know you doe ) to seeke the good of his people , and specially of the house of god : and be assured , that so long as you shall maintaine and advance the house of god , god will establish your house , and your posterity , so long as they shall uphold the lords true service , or else ( assuredly ) this word of god hath no truth in it . now for the house of god , that which is to be done , is , first to repaire it well ; and then to keepe it so . the repaire requireth two things : first , that the people be built up in knowledge . i thinke the kings majesty knoweth it not ( would god he did know it ) that there be very many of his poore subjects wonderfull ignorant : the people in many places are naked , and aaron hath made them naked , i meane the ministry : a naked ministry hath made a naked people : the lord helpe them and incline the kings gracious heart to pity them . the other thing for the repair of the house of god is that the inside of the lords house the gold of the temple be looked to ; i meane , that with knowledge there be joyned the power and practice of religion in a good conversation . and herein beseech the kings majesty to give leave unto his poore servant to informe him that , which perhaps he knoweth not , that ( from the occasion which some foolish , turbulent and proud spirits , spirits of separation have given ) there is a name of common scorne cast upon every man , that setteth his face towards the practice of true godlinesse : wherein , i beseech your majesty to consider , if the life and soule of religion be let out , what will become of the body of it ? will it not fall and grow ugly and rot ? and become a shame unto it selfe ? now as the things are to be looked to ▪ for the repaire of the house of god ; so to keepe it in a good repaire , two other things are to be cared for . first that the common enemy may be suppressed : it was a noble speech ( and blessed be god that put it into the kings royall heart ) to say , he would shed the last drop of his blood , rather then tolerate another religion . but the lord will not suffer one drop of that precious blood to be shed , that is prepared to be shed for him . the other thing , is to establish peace in the church it selfe . a worthy worke , and fit for a king . it is true , and all men know it , that while we have striven which way to entertaine christ best , as the tribes of judah and the ten tribes did , about the receiving , home of david their king , shebah the sonne of br●hri hath wickedly blowne the trumpet of seperation , and much hurt hath come in the church of god , by our unbrotherly and unfruitfull contentions , for which godly men have beene much grieved : the division of ruben were great thoughts of heart . but now ( thanked be god ) the hearts of men are more moderate , and disposed to peace , that a very little thing , a small matter ( as i am perswaded ) would establish this church of god in so good tearmes of peace , as it never saw . in which respect , i am bold to speake unto your majesty , but i speake unto a most gracious king , and to a wise king that can tell how to pardon things somewhat foolishly spoken , when they are spoken from a well meaning heart . i could speake it upon my knees , if the place would beare it , but my soule shall kneele before my soveraine : i beseech your majesty , take unto your selfe that princely worke to strike through a peace in this church of god ; i will not direct , but pray leave to tell a story ; it is reported of augustus the emperour , that supping with one pollio , he was informed that a servant of pollios had broken a christall glasse of his masters ; a foule fault if he had done it willingly , if negligently a fault : but for this the poore servant was adjudged to be cut in peeces , and cast to the fishes : a marvailous sore sentence for such a fault . the emperour reversed the sentence , and thought it punishment enough to the servant ▪ to have bin in feare of such a punishment ; and after breakes all the glasses , that they might not be occasion of like rigorous sentence afterwards . i will not apply it , but do humbly beseech your majesty to use your owne most godly wisdome , now to make peace in the church , when so small a thing will doe it : that so the bishops may love the poore ministers , as brethren and ministers reverence the bishops as fathers in the lord , as hierom adviseth , and every honest man wisheth they should doe . the second vse ▪ is to his majesties servants and attendants ; to whom i may speake more freely , but yet with reverence ( and as becometh me ) to beseech them , that ( seeing it is the office and desire of the king to seeke the good of his people , and specially of the house of the lord ) they doe their faithfull service herein to the king and take heed that they hinder not any of his godly purposes towards his people , or the house of god : curse ye mero●h ( said the angell of the lord ) curse ye the inhabitants thereof , because they came not out to helpe the lord , to helpe the lord against the mighty . if they were subject to a curse that came not out to helpe , what shall such be , as come out to resist , to hinder . the last vse is to us all , the kings loyall subjects , to stirre us up to be thankfull to god that hath given us a king that seekes our good and the good of gods house , and that we strive to walke worthy of such a blessing , in all loyalty and reverence . and if any man be otherwise minded , let the lords hand finde him out ; yea surely , it will finde him out , and make him an example . and secondly , this should admonish us , to serve god and please him , that so we lose not the benefit of a good king ; which the people sometimes doe for their owne wickednesse : as we read in chron. . the high places were not taken away in good jehosaphats time ( who was a godly prince ) because the peoples hearts were not prepared to the god of their fathers . finally , seeing the hearts of kings are in the hands of god , as the rivers of waters ; it is our duty now and alwayes , to become humble sutours to almighty god , so to guide the heart of our gracious lord the king ▪ as he may ever seeke the good of gods people , and specially of the church of god , to all our comforts , and his owne immottall honour , and everlasting happinesse through jesus christ , to whom with the father and the holy ghost be honour and glory now and for ever , amen . fjnjs . the copy of the letter , presented with the copy of his sermon aforesaid , by master burges , to the lords of his majesties privie councell ( being convented before them for the same ) . iune , . most humbly giving thanks unto your honors , for so gracious usage of me at my late convention before you , i now present unto you the copy of my sermon , preached before his excellent majesty . to say that there is no word added , abated or altered , were a speech not credible of a sermon penned since , and not before the preaching of it . but this j professe , before the god of truth , unto your honours , j know not where j have varied from my selfe in matter or manner of speaking , to the benefit of one word . and therefore , as in the preaching ( through a slip of memory ) j lost one whole branch of the first part , out of the proper place ; and recovering it afterward , did insert it in a place not so fit ; so have j willingly misplaced it now , as then unwillingly : yea , for some allegations , wherein j missed some words of the author , which j could now by the authors have supplied , j have chosen rather to shew the then failing of memory , then now to faile in that ( which is a point of honesty ) a just report of my speech , as j remember it , aecording to my promise to your honours . for the rest , j doe ( upon my knees ) beseech your lordships , to lay the whole together , before you censure the parts of it ; and to consider the generall doctrines respectively to his majesty , by mine owne particular applications to his royall person . as touching the to sparing acknowledgement of his majesties princely graces , and the unspeakable good we have by him , i humbly pray your lordships to beleeve , and i take god to witnesse , that i failed mine owne purposes therein : a fault in a speech unset , to one not acquainted with such a presence , contracted by the time , much more easie to commit it then excuse ; because it is as needfull to acknowledge to the full what we have received , as to incite unto that which is to be continued , or added ; lest we seeme captious rather , then zealous , of small things studious , of greater unthankefull . farther , my most honourable good lords , perceiving his majesty , out of his apprehensive depth , to be jealous of some secret purposes in me , to aime undutifull intentions to his majesty , under generall coverts , as i cannot deny unto his highnesse most just cause of indignation at me for ever , if i should have intended so , to a king , a christian king , my king , and in his presence , and before his servants ; so i wish the lord even so to give me favour with your honours , yea with his majesty , nay with christ at his ●oming , as my heart and purposes were upright to god , the king and state , in that service ; free from popularity , and from all purpose of depressing the glory of so worthy a prince , or depraving personally any of his highnesse servants . i doe also further crave leave to protest , that i had therein no intelligence , no conference with any man living ; but ran that course out of opinion , that it was my duty to speake before the king and state , of such things as the best kings and states shall have need to consider of , while the world standeth . as touching mine owne reverent heart , and particular opinion of his majesties gracious disposition , if my speeches to that end cleared it not enough , yet even that doth , which is made to accuse me , my freedome to speak of that duty so liberally before his presence ; an undoubted argument of good times , like those of trajan , wherein ( as it is said ) one might thinke what he would , and speake what he thought . howbeit , i am so sensible of his majesties distaste , as i could not out live the discouragement thereof , if the integrity of my heart before god in that poore sermon , and his majesties gracious readinesse to receive satisfaction did not relieve me . as for any construction of my speech by his mnjesties subjects , whom i have elsewhere and often taught , and incited to be joyfull , and thankefull to god for this favour , that ( not being best people ) we are blessed with the best king under heaven ; i should mourne not a little , if any spiderly minde , sucke poyson out of that ( not flower , but ) pothearbe , that had no poyson in it . and because it is matter of humbling , to be thought casually , and unwillingly the instrument of any hurt , i doe freely offer , that if the honest wise auditors will say upon their conscience , that my sermon incited them to lesse reverence of his majesty , or joy in him ; then to silence my selfe from preaching , to give up my maintenance , and ( if that be to little ) to depart my countrey ; in which yet , i had rather live under his majesty , poore as i am , then to abound in any other kingdome of the world . but what meane i to sentence my selfe ? i am in your lordships , to whom i submit my selfe with all reverence : nothing so much fearefull of any punishment , as sory to have grieved that royall heart , the joy , comfort and contentment wherof i wish and pray for , more then my life , as i am bound to doe ' and shall doe , whether his pleasure shall be to pardon , or punish his poore servant . and thus professing my selfe to have great cause already , to thinke the more reverently of your honors while i live , and to pray to god the more earnestly for you , i humbly crave leave of you , of presenting to your honours an account of my selfe for my twenty yeeres ministry ; which if i shall give untruly in any point , i aske no favour of your honours , no mercy of god himselfe : and for the rest , beseech god to make you as honorable in life , & happy in death as ever were any in your places . your honours in all humble duty , john bvrges . master burges letter to the kings majesty . most mighty king , my no lesse dear then dread sovernigne , i recount mine owne secret intentions in my sermon preached before your majesty , the dearnesse and tendernesse of my heart to your majesties person and honour , and the many prayers and teares spent upon it , that it might be faithfull , and acceptable to god and your majesty ; i am amazed at that distaste which your highnesse hath taken of it and of me . but when i review some ambiguous speeches thereof , in which your majesty had great reason to suspect undutifull intentions in me ; i wonder more at that divine providence , that carried me unawares upon such things , as gave occasion of distaste to your majesty , to me of humbling under your displeasure : which my sorrow should have bin the lesse , if your majesties dislike had broken out in a tempest of indignation , and not in a melting griefe of a sweet and princely spirit . now god even so deliver my soule out of all adversity , as i was farre from purpose of grieving my lord the king , and as my heart is wounded for the griefe of your heart . and yet unto this one affliction hath come another , that all that faithfull councell , which i meant to have conveyed closely unto my dearest lord , as a word in season , and which i thought my selfe bound unto , as i would answer it to god , to whom i had vowed it , is now spilt , and made not unprofibable onely , but intolerable , through an evill taste , which my supposed intentions gave unto it . and yet ( that my misery might want no weight ) there is this added , that whiles the markes which your majesty tooke notice of , were as much hidden from the common hearers sight , as they were from mine owne thoughts , i am judged to be now committed for the doctrines , which were found and generall , and never out of season for any state . and so ( as i spake to the lords with teares ) i am casually an occasion of that which is no honour to your majesty ; for whose honour i entended that service , and desire to sacrifice all things but my soule . and these are the respects for which your poore prisoner is abased . as for imprisonment , it is , in a sort but to be locked up in my study , and death it selfe were but to fall asleepe : nor can i be disgraced in the world , in which i never had or sought gracing . now for remedy , i have but two receipts ; the one of prayer to god , that can recover your favour to me : the other , of humble suit unto your majesty for reliefe , not so much out of prison , as out of your majesties displeasure . together with which suit , i doe humbly present unto your majesty , upon my knees , an account ( more sincere then cautelous ) of such things as your highnesse desireth to be answered in . first , some things i spake in mine owne phrase unpremeditate , as that of the swelling of princes hearts , &c. and of their mariage by their pictures : and some things i aleadged out of comines ; as of a fall from a horse , a sharpe ague , smiting in the wits , division in the house , &c. in all which , i take god to witnesse against my soule , if i had any thought of aiming at , or so much as knowledge of those respects , which i was conceived to glance upon , but spake therein as balaams asse did , to his masters understanding , not to his owne . secondly , for the generall discourse of the graciousnesse of princes to their subjects , and the arguments and amplifications thereof , i confesse upon my knees unto your majesty , that taking notice ( to my hearts griefe ) of the generall murmurings and complaints ( which every man heares sooner then your majesty , or your neerest servants ) as that you grace not your people , you speake not to them , you looke not at them , you blesse them not ; and therefore ( say they ) you love them not ; fearing whereto the divell might carry such conceits , i thought my selfe bound in conscience as on the one side by sundry sermons , and in sundry places , to reprove all unthankfull and undutifull thoughts toward so gracious a king ; so on the other side in your owne presence , to propone such generall discourse , as your majesty might make use of , for your owne good and all ours that live ( as it were ) by your breath ; and yet without touch to your reputation in your peoples hearts . for which , i not onely did intend , but so provide in my particular applications to your majesty , as i dare say , that the honest hearers did reverence you the more ; as many testified at the instant , by their teares : arguments of good and not of bad affections toward their soveraigne . thirdly , and as for my speech of two beasts to be hunted away , the tame beast and the wilde , the flatterer and the false informer , being an allusion to a speech of diogenes ; i protest upon my knees unto your majesty , i ment not any two particular persons , but kindes of such evill instruments : of which ( there is no doubt ) but your majesty hath more then two about you , though i know them not . fourthly , as to the point of the generality of a princes favours , and that simitude of monopolies used in discourse thereof ; i likewise upon my knees crave leave to protest , that i spake it not , as thinking your majesty to be strict hearted or handed ; or because i knew that some have ingrosed your favours ; but because that also is muttered of , as if your favours were not immediate , nor tole-free : and because it hath beene the ordinary mishap of the best princes to be so inclosed ▪ i thought it my duty , ad majorem cautelam , to advertise that under a generall discourse unto a wise prince , which i thought none could possibly , and certainly apply unto particularities , unlesse the fault were both certaine and open . fiftly , for the second part of my sermon , and that discourse of furthering religion ; i doe upon my knees crave leave to protest before the god of heaven , that i spake nothing as doubting of your majesties owne purposes and integrity of heart , or to detract from the honour of your former proceedings amongst us , which unhappily and unwillingly i forgot to relate : but because i thought it my duty to stirre up your pure minde unto those things which belong unto your royall power , and duty therein ; to which ( i confesse ) my heart moved me the more earnestly , because it is generally complained , that popery and licenciousnesse grow upon us ; that the new and unwonted urging of the ceremonies and subscription beyond law ( whereby six or seven hundred of the ablest ministers in the land are like to be put out ) the generall depraving of religious persons ( if they be conscionable ) under the scorne of puritanisme ; as if the body of religion standing upright , men would yet cut the throat of it : the connivency at papists and jesuites , and too little regard of religious men ; the dignifying of such in the church , as never were of best desert , gifts , and report ; the withdrawing of ecclesiasticall causes from the parliament ; though in present , and in your majesties dayes safe , yet in the president and succession of doubtfull consequence , computed with the insolencies and brags of the papists ; make many men sigh and grieve , and say in secret that these things may be the tracies to popery : and that though your excellent majesty intend the contrary , yet being in your owne purposes led out onely against dothan of the puritans , you may at last , unwillingly and unawares , finde your selfe inclosed in samaria of the papists . sixtly , as to the point of the good disposition of the people to be cherished by good princes ( which god knoweth i cast unwillingly into that latter part of my sermon ) i doe humbly confesse unto your blessed majesty , that the time gave me as good an heart , as the text did occasion to speake of it ; the rather , because i have perceived good mens discourses to this effect . surely , the undoubted affections of the most religious subjects , made the kings happy entrance amongst us , to be so open and so easie . others , when they saw it unpossible to resist , hasted to be before us in favour , as they were behinde us in affection : no otherwise then shemei came in first to salute david at his returne , that in his trouble went out to curse him : we were then ready with our lives in our hands , to have cut out his ma●esties way to the crowne , with our owne swords , and now are ready to dye for him , at any houres warning . good lord , what is it ? that we cannot be gratified in a suit so generally made , so easily , and not safely alone , but profitably granted ? and no lesse ( in our conc●i●s ) for the kings honour and safety , then for our common comforts and quiet of the church of god . seventhly and lastly , i doe upon my knees confesse unto your most excellent majesty ▪ that by pollios glasses , i did intend to notifie the ceremonies for which this church of god hath bin in vexation above fifty yeeres . and though they be small things , yet have they caused great troubles ; as light exhalations breed great tempests : and the course of religion hath bin much hindred by them , as is the way of a ship in the sea , by the little fish remora as plinie writes . things ( which i confesse ) i hold not impious but needlesse and scandalous , of some so extreamely hated of others so supersticiously affected , as a good man cannot tell , whether to please himselfe best , in pleasing or displeasing others . many hundred worthy ministers thinke them unlawfull , and would surely dye , rather then use them ; some others will much more willingly performe their subjection to your majesty , in bearing the penalty , then suffer by their occasion so many to fall off to brownisme on the one hand , and others to rise up in scorne , and contempt of their lightnesse , on the other . thus is the state of the poore ministry , like that of the britons , betwixt the sword of the saxons , and the sea : in which case , most noble prince , i protest to god ▪ i durst not but speak ( by way of supplication ) before your presence more then ever i spake before the people ; for what knew i , whether god had brought me thither for that time ? and whether the kings ma●esty would hold out his golden scepter unto me ? and thought this motion the more seasonable , because the things yeelded upon suit for peace sake , might goe out with flying colours , one side satisfied with their justification , the other gratified with their remove ; both reunited within themselves , and strengthned against the common enemy ; the frame of the present government being still continued with good approbation , and confirmed by our inward peace . these motives , most dread soveraigne , led me into that course which i tooke , was without counsell or conference with other person or persons . now durst i prefer mine own possibilities of attaining the princes service to this duty . in all which , i had no unreverend thought in my heart , to compare my soveraigne to any of those evill examples , which i alleadged in my discourses . for the rest , i could onely plead ( as luther before the emperour ) for pardon of rudenesse , that i have not beene acquainted with the tender eares of princes ; but doe onely beseech your majesty , for christs sake , to pardon the errours of my love unto you . beseeching god to blesse your majesty , and all your progeny , and to make your name more honorable , then the name of all the kings your predecessours in this land . your majesties most loyall subject , and poore prisoner in the fleet john burges . to the honorable the knights, citizens and burgesses, in parliament assembled. the humble petition of robert tayloe, joseph emerson, john sawbridge and edward pearce on the behalf of themselves and other poor marriners, to the number of five hundred and upwards, who served the east-india company in their late wars against the great mogul, and other heathen princes: and on the behalf of the widows and orphans of other marriners to the like number, that perished in the said wars. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honorable the knights, citizens and burgesses, in parliament assembled. the humble petition of robert tayloe, joseph emerson, john sawbridge and edward pearce on the behalf of themselves and other poor marriners, to the number of five hundred and upwards, who served the east-india company in their late wars against the great mogul, and other heathen princes: and on the behalf of the widows and orphans of other marriners to the like number, that perished in the said wars. tayloe, robert. aut emerson, joseph, fl. . aut sawbridge, john, fl. . aut pearce, edward, fl. . aut sheet ([ ] p.) s.n., [london? : ?] imprint from wing. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . east india company -- early works to . poor -- england -- early works to . orphans -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honorable the knights , citizens and burgesses , in parliament assembled . the humble petition of robert tayloe , joseph emerson , john sawbridge and edward pearce , on the behalf of themselves and other poor marriners , to the number of five hundred and upwards , who served the east-india company in their late wars against the great mogul , and other heathen princes : and on the behalf of the widows and orphans of other marriners to the like number , that perished in the said wars . sheweth , that the said company , in the years , , and . entered your petitioners and others , on board several of their ships , viz. in the ships called the charles the second , the beauford , the cesar , the rochester , and other their ships , to make direct voyages to and from the east-indies , at very low wages and sallaries , in a merchant-like way ( there being then no wars betwixt this crown and any other princes or state in the world , nor did your petitioners apprehend any war was like to be between this crown and any the said princes . that in some short time after your petitioners arrival in the indies , the said companies agents and governors there , ingaged their said ships in an actual war against the said great mogul , and other heathen princes ; and by excessive tortures , as nailing their hands to the main-mast , whipping , and washing their wounds in brine , and other great torments , the commanders of the said ships compelled your petitioners , against their wills , and contrary to the statute made eliz. chap. . to serve in the said companies wars , against the said heathen princes , upon their land , in parts very remote from any sea , and to make depredations without any just cause ( as your petitioners could understand ) and robbing the subjects of the said heathen princes to a very great value . that the said commanders , agents and governors , finding the said ill usage of your petitioners not to take its full effect according to their expectation , the said governors caused an order to be made in their court of admiralty held in the said indies , that your petitioners should have ( over and besides their low wages ) a sixth part of all prizes , to be divided amongst them , and the same order to be published on some of the said ships , and to be affixed to the main-masts of the same ships , to make the same more publick , and to encourage your petitioners to fight for them ; which your petitioners accordingly did . that during the said war , there was taken , by your petitioners , in prizes , to the value of l. and upwards , which is proved in the court of exchequer , in a suit there brought , and now depending , for their majesties tenths of the said prizes , of which l. belongs to your petitioners for their sixth part , due to them not only by contract , as aforesaid , but laws of nations ; and so by the said company confess'd , in their answer in the said court in the said suit , and accordingly have paid some marriners their proportions . that whilst your petitioners were in the indies , your petitioners were necessitated to accept from the said commanders and agents , dollers at s. a piece , the prime cost in england was not above s. d. and rack at s. per gallon , the prime cost not above d. per gallon , and brandy at s. per gallon , by which means all your petitioners wages , and more , was expended , and many marriners , more than by the said wars , perished for want of such commodities . that your petitioners have applied themselves from time to time to the said company for the said share , or what should appear due to them , upon a just dividend thereof to be made , and for their non-performance thereof , your petitioners , the last sessions of parliament , were about to address themselves to this honorable house for relief therein ; whereupon a worthy member of his honorable house , then governor of the said company , having notice , promised your petitioners satisfaction if your petitioners would forbear their said address ; which promise your petitioners relying upon , did accordingly forbear , but hitherto cannot get any manner of satisfaction , and in want thereof , are grown so necessitous , that many are forced to be relieved by their respective parishes wherein they respectively live . and forasmuch as this honorable house hath ordered the said company to bring in their books , and a state of their debts and credits ; your said poor petitioners do humbly hope and pray , that this honorable house will take notice , that your petitioners may have credit upon the said companies books for the said summ so due and owing to your petitioners , in order that they may have satisfaction for the same , for that the said prizes have been converted to the use and benefit of the said company ; and to afford such further relief to your petitioners , as to this honorable house shall seem fit . and your petitioners ( as in duty bound ) shall ever pray , &c. by the king, a proclamation requiring the members of both houses of parliament to give their attendance upon the th day of may instant england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation requiring the members of both houses of parliament to give their attendance upon the th day of may instant england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., london : . "given at our court at whitehall the second day of may, in the th year of our reign, ." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. proclamations -- great britain. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation requiring the members of both houses of parliament to give their attendance upon the th day of may instant . charles r. the kings most excellent majesty taking notice that this present parliament was adjourned from the sixteénth of april last past , unto the one and twentieth of this instant moneth of may , and being desirous ( in respect of several important matters then intended to be debated and considered ) to have then a full assembly of the members of both houses of parliament , hath , with the advice of his privy council , thought fit to declare and publish this his royal pleasure and purpose : and doth therefore hereby require all and every the lords spiritual and temporal of this realm , and the knights , citizens and burgesses of the house of commons , to give their attendance at westminster on the said one and twentieth day of this instant may precisely : and his majesty doth expect a ready conformity to this his royal will and pleasure . given at our court at whitehall the second day of may , in the th year of our reign , . god save the king. london , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty , . die sabbathi, novemb. . a declaration of the lords and commons assembled in parliament, for payment of our brethren of scotland two hundred thousand pounds in maner and form following, and they to depart this kingdom england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbathi, novemb. . a declaration of the lords and commons assembled in parliament, for payment of our brethren of scotland two hundred thousand pounds in maner and form following, and they to depart this kingdom england and wales. parliament. sheet ([ ] p.) printed for edw. husband, printer to the honble house of commons, london : [ ] order to print signed: h:elsynge, cler. parl. d. com. publication date from wing. with engraved border. reproduction of the original in the british library. eng england and wales. -- parliament -- appropriations and expenditures -- early works to . great britain -- history -- civil war, - -- early works to . scotland -- history -- charles i, - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbathi, novemb. . a declaration of the lords and commons assembled in parliament, for payment of our brethren of scotland two h england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , . novemb. . a declaration of the lords and commons assembled in parliament , for payment of our brethren of scotland two hundred thousand pounds in maner and form following , and they to depart this kingdom . be it declared by the lords and commons in parliament assembled , that the first one hundred thousand pounds which shall be raised , either by the sale of bishops lands , or by the credit of the ordinances which are passed for that purpose , shall be paid to our brethren of scotland , upon the marching of their army and forces out of this kingdom , at such time and place as shall be agreed upon ; and the next fifty thousand pounds so raised , at the end of three moneths after the former payment ; and fifty thousand pounds more raised as aforesaid , at the end of nine moneths after the first payment : but in case the latter one hundred thousand pounds shall be with more speed procured , the same shall be sooner paid unto them , although there be no ingagement for a more speedy payment , then at the times formerly expressed . ordered by the commons assembled in parliament , that this declaration be forthwith printed and published : h : elsynge , cler. parl. d. com. london : printed for edw. husband , printer to the honble house of commons . the propositions of their excellencies the ambassadovrs of the high and mighty states generall of the united provinces in the netherlands delivered by them, by word of mouth, in both houses of the parliament of england, the / of july, / translation in english, delivered to both houses was subscribed w. borell, iohn reede de renswoude, alb. ioachimi. united provinces of the netherlands. staten generaal. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the propositions of their excellencies the ambassadovrs of the high and mighty states generall of the united provinces in the netherlands delivered by them, by word of mouth, in both houses of the parliament of england, the / of july, / translation in english, delivered to both houses was subscribed w. borell, iohn reede de renswoude, alb. ioachimi. united provinces of the netherlands. staten generaal. joachimi, albert, - . reede van renswoude, johan, baron van, - . boreel, willem, baron van vreendijke, - . [ ], p. printed by t. badger, london : . reproduction of original in thomason collection, british library. eng england and wales. -- parliament. a r (wing b ). civilwar no the propositions of their excellencies the ambassadours of the high and mighty states generall of the united provinces, in the netherlands. united provinces of the netherlands. staten generaal b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion the propositions of their excellencies the ambassadovrs of the high and mighty states generall of the united provinces , in the netherlands . delivered by them , by word of mouth , in both houses of the parliament of england , the / . of july , the translation in english , delivered to both houses , was subscribed . w. borell . iohn reede de renswoude . alb. ioachimi . london , printed by t. badger , . right honovrable lords , and commons . from the very beginning of the restauration of the liberty of the republique of the vnited provinces of the netherlands , the high and mighty lords , our lords , the states generall , their chiefest wishes and desires have ever beene to see , that the kings of great brittaine , and these kingdomes might be perpetually maintained , and preserved in a good concord , peace and vnion , by which nothing could befall them but all safety , and advantage , and that for three principall reasons . first , that these kingdomes , being the greatest & the strongest body , which having received and maintained the profession of the true christian protestant religion , and concerving it selfe so well , it might also contribute much , yea by fame and reputation it selfe , to the conservation of states , confederates and friends , and of all the other protestant churches , established and spread through whole europe . secondly , that these kingdomes , by their situation , commodities , traffique , and navigation , and their republique , being so nearely combined by their common interest of state , and religion , our lords might rest assured , that the interest of the king , and these kingdomes , being so mightily advanced , and conserved by the same meanes , those of the netherlands could not be but well conserved . and thirdly , that this intestiue peace , vnion and concord , ( which prosperity and weale ordinarily accompanieth ) continuing here , that not onely the kings and kingdomes should be able to maintaine , and preserve themselves ; but that the states confederate , and friends , or the good cause of the protestant religion , in other parts unjustly suffering ; ( as formerly it hath beene , and yet this day is too much perceived ) they might ever find their refuge & azile , their succours & their ayd against all those , who on the contrary part of other states and churches , should undertake to undermine the true foundation of the happinesse of these flourishing kingdomes . for your situation being well considered , you are in your selves as a world a part , separated from many inconveniences of the other . you have your commodities at home , not onely which are necessary , and for your pleasure and delight , but also in such plenty that you are able to communicate them to other nations your neighbours . the sea doth serve you for a ditch and bulwarke , and your power by sea is able to maintaine you in your filicity , and to exempt and free you from all forraigne injuries . so that the good of your owne conservation , and the cause of your evill and ruine , could not be suscitated , nor found elsewhere but at home , and within your selves . and certainely the kings and queenes formerly have done notable asistances for the maintenance and conservation of the true religion , and of many states which had need thereof , amongst which our lords doe professe themselves as much obliged and bound , as any other . and the king and these kingdomes shall yet in time be able to doe the like assistance , as well for the present , ( now there is so great a necessity ) as for the future , provided you conserve your selves in that concord and vnion , which heretofore hath made , and shall ever make you mighty and redoubted . from hence it is , that the common enemies of the peace of christendome , and their agents , who ( long since ) have framed and forged the designe of an universall monarchy of whole europe , yea of the whole world , seeing and perceiving with an envious and malicious eye your former happinesse , your flourishing state , and your power , and that there was nothing so contrary and dreadfull to their vast conceptions , as your oppositions . to hurt and weaken , yea to ruine you , if they had beene able , they have heretofore used all violence , and the strength of great fleets and armies , but in vaine and without successe . they have at last not beene able to act a better play , then that which is most familiar to them , and which often hath helpt them , to the ruine of many great states , which have not bin so circumspect and prudent as you are : right honourable , it is so , that quitting violence in a profound peace , which they have with you , and during the time of the same , they have sowne amongst you the seedes and weedes of discord and dissention , as well in politique as church businesses , and shall ever foment them : whence they could assure themselves of a certaine profit , what end soever the said dissentions might take . and by these means and their accustomed craft , they have proposed to obtain by intestine troubles , you should weaken your selves , and making you lesse mighty , and lesse dreadfull , and no wayes considerable , you might serve at last , ( which god avert ) to the inglutting of their insatiable ambition , to the destruction of the true religion , and of all that which may be deare and recommendable to you . as vve see already brought to passe in ireland where the cruelties , murthers , horrible and unheard of slaughters have been perpetrated , with effusion of so much innocent bloud , to the totall destruction of the true protestant religion there , and to the great danger of the state it selfe . our lords seeing these mis-understandings , troubles , and miseries here already growne to so great an extreamity : and being so highly interessed in your well being , have esteemed fit and timely to send vs their ambassadors to this kingdome , to offer to the king and to his parliament our service and mediation . to help ( if acceptale ) to remove and take away the jealousies which are and might be , and to compose the dissentions by the milde wayes for an amiable conference . and our said lords declare , that they have not been moved hereunto by any presumption , or to intrude themselves in the busines of a great king , and of these mighty kingdomes : but onely to acquit themselves of the office and duty of a good friend , and also to acknowledge in this occasion the grat obligation which the king , and these kingdomes have upon our republique . our lords further doe perswade themselves that no other state in the world , but theirs shall be found more fit and acceptable , ( in then opinion ) to interpose it selfe in the meditation of an accommodation , and re-union between his majesty and his parliament , and to whose interposition more credit might bee given without all susption : for the honour , greatnesse and prosperity of the king and these kingdomes , is by reflection the same for our republique ; and on the contrary your evill is to vs a very great affliction , and a most sensible evill . from thence may be taken this firm assurance , that the ayme of our mediation shall not be to recommend an accommodation , and reconciliation feigned and painted without , not prejudiciall , and not assured within . but to procure a true re-union , sincere and perfect , founded upon the basis of the true religion and iustice , which shall re-establish respectively the good correspondence , confidence , love , and the respects between the king and his parliament , and between all the good subjects of these great kingdomes . the king hath so much approved of the reasons and proffers of our said lords , that his majesty hath accepted on his part our interposition , and hath consented to a conference between commissioners to be sent from both parties , ( if you find it good ) and that you shall chuse the place , the time , and the number of the persons who shall be imployed in this action . right honourable , now wee come unto you by command of our superiours to make the same proffer of mediation , and to understand whether also it may bee agreeable and acceptable unto you . vve have alwayes observed that your good inclinations have been carryed to peace , if you receive satisfaction to your just and reasonable demands . your wisedomes also may well judge , that the wayes of armes are no alwayes the surest , their successes being very uncertaine , and which changeth face in a moment . the good cause which is proposed , doth not alwayes promise an assured and certain successe , for we are all men , and god sometimes permits the good cause to suffer for our sins . all warre is an affliction and punishment of god , in which we are not to take del●ght , when we can be freed of it , upon honest and sure termes and conditions , that the wrath of god be not longer provoked against us . it is to be considered also , if no reasonable accommodation be found that the decision of your differences by armes is not to be expected so soon ; but rather on the contrary , that it shall bee the cause of perpetuating the warres in these kingdomes , because the king shall ever live in his royall posterity , and the parliament never dyes to suscitate always the former evill successes by new warres , which at length shall cause the totall ruine and destruction of state and religion , onely to the great advantage of the common enemy of our faith . right honourable , if it please you to make use of our intercession , unto which the king consented at our first proposition and offer , vve promise you to proceed and labour in it with all sincerity and fidelity , as ambassadors sent by your best friends and allies , making profession of one and the same religion . and we shall spare no endeavour , travaile , nor paine ( by the good will which his majesty hath declared to us , and by your good intention ) to make the affections of our lords succeed to such perfection , that the king and his parliament , and all good and loyall subjects of the king , and lovers of their country , shall finde their desired contentment and tranquility with all assurance . right honourable , we must yet adde these few words , that your troubles and warres , trouble and indanger us also : for many merchants and masters of ships dayly present themselves to our lords the states genenerall , and to us here , with their complaints , that your men and ships of war trouble their course of trading and traffique , and take their ships and goods without any just cause , and without reason , and any right at all , as may be seen by a memorandum hereunto anneed , which you are desired to take notice of , and to give order for restitution and reparation of the dammages sustained for the present , and to take such course that in the future the like excesses may be prevented . and if any doubts be found in the said memorandum , that it may please you to appoynt us some commissioners to settle the poynts of which wee are complaining , as shall be found to agree with reason . finis . die lunæ ⁰ die octobris, upon reading the order of this house made the twenty eighth of march last, concerning protections and inspecting the several protections ... it is this day ordered by the lords ... that all protections ... be and are hereby declared to be discontinued, null and void ... england and wales. parliament. house of lords. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die lunæ ⁰ die octobris, upon reading the order of this house made the twenty eighth of march last, concerning protections and inspecting the several protections ... it is this day ordered by the lords ... that all protections ... be and are hereby declared to be discontinued, null and void ... england and wales. parliament. house of lords. sheet ([ ] p.). printed by charles bill and thomas newcomb ..., london : . other title information from first lines of text. reproduction of original in the guildhall library, (london, england). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords -- privileges and immunities. legislative bodies -- privileges and immunities. great britain -- history -- william and mary, - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae o die octobris , . upon reading the order of this house made the twenty eighth of march last , concerning protections , and inspecting the several protections , and the number of them entred in the parliament-office at westminster ; it is this day ordered by the lords spiritual and temporal in parliament assembled , that all protections given by any peer or peers , or members of this house , and entred in the parliament-office at westminster of the last session of this parliament , be and are hereby declared to be discontinued , null and void to all intents and purposes whatsoever . and to the end that all persons concerned may take notice hereof , it is further ordered , that this order be printed and published , and set upon the doors of this house . john browne , cleric ' parliamentor ' london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties . . the names of the lords spiritual and temporal who deserted, (not protested) against the vote in the house of peers, the sixth instant, against the word abducated, and the throne vacant, in the same method as they entred their names in the journal book england and wales. parliament. house of lords. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the names of the lords spiritual and temporal who deserted, (not protested) against the vote in the house of peers, the sixth instant, against the word abducated, and the throne vacant, in the same method as they entred their names in the journal book england and wales. parliament. house of lords. sheet ([ ] p.) printed for j. newton, london : / . reproduction of original in huntington library. broadside. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords. great britain -- politics and government -- - broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion the names of the lords spiritual and temporal who deserted , [ not protested ] against the vote in the house of peers , the sixth instant , against the word abducated , and the throne vacant , in the same method as they entred their names in the journal book . somerset . exeter . clarendon . bp. of winchester . a. bp. of york . bp. of lincoln . aylsbury . bp. of norwich . bp. of chichester . bp. bath and wells . bp. of st. davids . bp. of peterborough . bp. of gloucester . nottingham . litchsield . rochester . feversham . berckley . bp. of landaff . dartmouth . grissin . bp. of bristol . pembrook . ormond . beauford . brook. jermayne . scarsdale . maynard . northumberland . arundel . chandois . leigh . delaware . grafton . abingdon . craven . a form of settling the crown and succession agreed on in the house of commons , and by them communicated to the house of lords for their concurrence . having therefore an intire confidence , that his highness the prince of orange , will perfect the deliverance so far advanced by him , and will still preserve them from the violation of their rights which they have asserted , and from all attempts upon their religion , lives , and liberties , the said lords and commons , do declare and proclaim , that the said prince and princess of orange , be proclaimed and declared king and queen of england , france and ireland , and the dominions thereunto belonging , to hold the crown and royal dignity of the said kingdom and dominions , to them the said prince and princess , during their royal lives , and the longer liver of them , and that the administration of the government be only in and executed by the said prince of orange , in the names of the said prince and princess during their lives ; and after their decease , the said crown and royal dignity of the said kingdoms and dominions , to the heirs of the bodies of the prince and princess ; and in default of such , to the princess , and the heirs of her body ; and in default of such , to the princess of denmark , and the heirs of her body ; and in case of such default , to the heirs of the body of the prince of orange ; and the lords and commons pray the prince and princess of orange , to accept of the same . and that the oaths mentioned in our last , be taken by all the persons of whom the oaths of allegiance may be required by law ; and that the oaths of allegiance to king james the second be abrogated . london , printed for j. newton , / . his majesties declaration to all his loving subjects; concerning the remonstrance of the army. delivered to the commissioners on wednesday last; and brought by the post on thursday novemb. . to be forthwith printed and published. together with his majesties letter to the lord generall fairfax; and his protestation and proposals to all the officers and souldiers in the army, who acts contrary to the will of his majesty, or the desire of his two houses of parliament. likewise, the declaration of col. hamond, concerning the king. and his letter to the house of peers. read and debated in parliament, novemb. . . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) his majesties declaration to all his loving subjects; concerning the remonstrance of the army. delivered to the commissioners on wednesday last; and brought by the post on thursday novemb. . to be forthwith printed and published. together with his majesties letter to the lord generall fairfax; and his protestation and proposals to all the officers and souldiers in the army, who acts contrary to the will of his majesty, or the desire of his two houses of parliament. likewise, the declaration of col. hamond, concerning the king. and his letter to the house of peers. read and debated in parliament, novemb. . . england and wales. sovereign ( - : charles i) charles i, king of england, - . hammond, robert, - . [ ], p. printed for richard brysons, london : . in response to: a remonstrance of his excellency thomas lord fairfax, lord generall of the parliaments forces. and of the generall councell of officers held at st albans the . of november, . annotation on thomason copy: "nouemb. ". reproduction of the original in the british library. eng england and wales. -- army. -- council. -- remonstrance of his excellency thomas lord fairfax, lord generall of the parliaments forces. and of the generall councell of officers held at st albans the . of november, . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no his majesties declaration to all his loving subjects; concerning the remonstrance of the army.: delivered to the commissioners on wednesday england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties declaration to all his loving subjects ; concerning the remonstrance of the army . delivered to the commissioners on wednesday last ; and brought by the post on thursday novemb. . to be forthwith printed and published . together with his majesties letter to the lord generall fairfax ; and his protestation and proposals to all the officers and souldiers in the army , who acts contrary to the will of his majesty , or the desire of his two houses of parliament . likewise , the declaration of col. hamond , concerning the king . and his letter to the house of peers . read and debated in parliament , novemb. . . royal blazon or coat of arms c r oni soit qvi mal y pens diev et mon droit london , printed for richard brysons , . his majesties declaration concerning the army , and his resolution touching their late remonstrance , to proceed by the way of charge against his royall person . sir , his majesty having received a copy of the chief heads and representation of the remonstrance of the army , upon reading the same , declared a great dislike thereof , and uttered many sad and solentary expressions , in reference to the same ; who after reading thereof , desired a conference with the bishop of london , the bishop of salisbury , and the rest of the clergy attending his royall person , which being assented to , his majesty remonstrated and declared the grievances of his oppressed and afflicted heart , which followeth in these words . right reverend , vvhereas divine providence hath beene my sole protector , and his almighty power the chiefe anchor whereon my hopes and confidence did and shall depend ; i shall therefore in this dismall and distracted age remonstrate unto you , before my departure hence , the sad and heavy contemplations of my opressed and grieved hart , occasioned t●e by voice and sentence of the army against our royall person and family , and their resolution to proceed against us , by the way of charge : however , i shall say with the blessed psalmist , and the patient sufferer , thy will bee done , o lord , and not mine , and shall indeavour to submit my will unto the will of the lord , that so i may be able to beare and undergoe the crosse and type of christ in all adversity , tribulation , and affliction whatsoever . his majesty having thus graciously and compassionately declared his present apprehensions of the feares and jealousies arising within his royall breast , arising from the late councels and consultations of the army ; the bishop of london , and the bishop of salisbury made each of them a speech , tending to the supporting of his majesties troubled spirits in these dangerous and perilous times of adversity . the duke of richmond , and the rest of the nobility at court , have declared their sense and resolution to his majesty , and have moved the parliaments commissioners to write to both houses , concerning the armies demonstration for the executing of justice on the person of the king . these things , upon serious debate and consultation , hath caused the royall party to propose severall particulars to his majesty for expediting of the treaty , & putting a small end to his concessions ; but ( as yet ) they have taken little effect : for his majesty declares a great unwillingnesse to passe any thing against the marquis of ormond , untill the treaty be wholly ended : but hath promised upon his royall word , that he will not depart this island for dayes to come , beginning the . instant , and therefore desireth liberty and freedom ; which the better to effect , his majesty hath sent a letter to the lord gen. fairfax , desiring his admission and grant for performance of the same . as for his consenting to the abolishing of episcopacy , and the sale of bishops lands , though so much conducing in the opinion of all his restoration : yet it s generally conceiv'd he will not yeild therein : and the rather , because what 's like to happen by way of difference . dated from his majesties court at newport , novemb. . . the proposals of the parliament touching the demands of the army . the honourable court of parliament having received a remonstrance , or declaration , from the army , containing divers proposals exceeding high and of great consequence ; and upon debate thereof , divers of the dis-assenting members declared a great dislike thereof , and his majesties moderate friends desired it might be laid aside for some certain dayes , others moved that it might be ejected ; and in the conclusion , after they had sufficiently declared their full sense touching the desires of the army , they resolved to lay it aside till munday next . after reading the said remonstrance , mr. pryn made a very learned speech , concerning the demands of the army , his expressions tending much to the dishonour of them , who argued very stifly against the unlawfulnesse of their demands . divers other members seconded him , and desired to insist no further thereon , but to wave their proposals for a time . yet notwithstanding the said arguments and desires , the well-affected party declared a great unwillingnesse to dispense with any time , but to insist thereon immediatly , and to endeavour to give all speedy & possible satisfaction to them in all things by them desired . the declaration of the citizens of london , concerning the demands of the army . whereas we have lately received a paper intituled the remonstrance or declaration of the army , touching the king , we do unanimously declare , that wee shall willingly and freely comply with them therein , for the executing exemplary justice upon all capitall offenders , and endeavour the restitution of the free-born people of england to their common rights , liberties , and freedoms , protesting to live and dye with them therein , for obtaining , effecting , and making future provision for the same . signed by many thousands of the well-affected party in and about the city of london . these mutuall expressions are said to proceed from those citizens , who are known and distinguished by the badge of independency ; but it is said , that the presbyterian party , and others , are resolved to thwart them in their engagement , and to declare against some particular demands of the army , whom they conceive to be too high and unreasonable . but concur with them in their proposition for the executing of justice upon the visible enemies of peace provided a favourable construction may be had on his majesties former actions and proceedings , and that they may bee weighed in the ballance of equity and compassion . novemb. . letters from the isle of wight say , that his majesty begins to grow exceeding discontented and melancholy , and feareth much the present overtures of the army , touching their seizing on his royall person , which hath occasioned many sundry contemplative expressions from his majesty , who saith , that if they execute their wills on him , by spilling of his royall bloud , he feareth divers more will follow . these dismall representations causeth much sadnesse and mourning throughout severall corners of the nation . but it is thought that some new addresses will be made from the severall counties , to the parliament and army , in behalf of their dread soveraign the king . other letters from the isle of wight say , that his majesty hath solicited col. hamond ( governor therof ) that none may have the power and protection of his person but himself , and those who were intrusted formerly by his two houses ; but the said colonell hath declared to the contrary , being weary of so great a charge , and hath sent a letter to the house of peers ( which was this day read ) humbly desiring their lordships to take off from him the care of the kings person , and to make such provision for him ; as they in their wisdoms shall think fit , to the end that he may be discharged of the said trust or imployment . and the said letters further make mention , that his maiesty hath againe debated the heads of the armies remonstrance , and doth declare a very ill sense thereof , protesting that he had formerly a good opinion of them , and little thought that they would have ever acted so contrary to his expectation , and their former promises ; and therefore desireth the omnipotent god of heaven ( to whom vengeance doth belong ) to repay them according to their own deserts , and to act by them ▪ as they intend to deal by him . vivat rex . september . . the persons to whom the militia of the citie of london is committed, for the safetie of the said citie, have thought fit, and hereby declare. city of london (england). committee for the militia of london. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l h). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l h estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) september . . the persons to whom the militia of the citie of london is committed, for the safetie of the said citie, have thought fit, and hereby declare. city of london (england). committee for the militia of london. sheet ([ ] p.) s.n., [london : ] imprint suggested by wing. an order to the militia, directing what is to be done in the event of "any generall alarum by night or day.". identified at reel : as wing p (number cancelled). reproductions of the originals in the british library (thomason tracts) and the harvard university library (early englsh books). eng england and wales. -- army -- history -- early works to . great britain -- history -- civil war, - -- early works to . london (england) -- history -- th century -- early works to . a r (wing l h). civilwar no september . . the persons to whom the militia of the citie of london is committed, for the safetie of the said citie, have thought fit committee for the militia of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion september . . the persons to whom the militia of the citie of london is committed , for the safetie of the said citie , have thought fit , and hereby declare . that no souldier or any other person shall discharge any peece , great or small , betwixt the houres of nine of the clock in the night , and six in the morning , except in case of necessitie . that if any alarum be in the night time ; that then , all the inhabitants of the said citie and liberties , shall forthwith hang out lights , at the doores of their severall houses . that none of the officers belonging to the trained bands , doe lodge out of the citie ; dureing these times of imminent danger . that upon any generall alarum by night or day , the collonels , other field officers and captains , with the severall companies of the trained bands of the said citie , ( compleatly armed and well furnished with ammunition ) are forthwith to repaire to their severall alarum places , herein after mentioned , and there to attend , untill they shall receive further order . companies . allarum-places . collonell atkins . at the pump within algate . lievtenant collonell rawden . at billings-gate . serjant major manwaring . at london-stone . captain william tucker . at tower dock . captain william tomson . at the barrs without algate . captain edmund hooker . at crutched fryers . captain heriot washborne . at bridge end by magnis church . collonell pennington . at bevis marks . lievtenant collonell lingham . at bishops-gate within . serjant major davis . at grace-chu . by lumberstreet end . captain thomas chamberlin . at the north end of broad street . captain thomas player . at the cundit in leadenhall street . captain edmund harvie . at the royall exchange . captain christopher whichcot . at the spittle within the barres . collonell wollaston . at the west end of cheapside . lievtenant collonell venn. at newgate within . serjant major geere . at ludgate within . captain richard turner . at puddle-wharse . captain ralph harrison . at aldersgate-str . by long-lane end captain richard cutbert . at austins gate in pauls chuyard . captain robert tichburn . at aldersgate within . collonell adams . at the poultry . lievtenant col. edmund foster . at great alhallows church . serjant major carleton . at watlinstreet by bow lane end . captain francis west . at the southend of bred-street . captain iohn bla kwell . at queen hith . captain richard hacket . at whittington-colledge hill . captain william vnderwood . at the lower end of wal-brook . collonell warner . at alderman-bury . lievtenant col. matth. forster . at old-iury end by coleman-street . serjant major owen rowe . at mooregate within . captain matthew sheppard . at criplegate within . captain francis rowe . at the north end of great woodstr . captain robert manwaring . at the cundit without criplegate . collonel towse . at fleet cundit . lievtenant collonell wilson . at the north end of the old-baily . serjant major buxton . at smithfield . captain richard browne . at temple-barre , captain nathaniel camfield , at holburne cundit . captain thomas goaer . at the barres in holborne . and it is desired , that the captaines of middlesex and surry , who have companies lying in the suburbs , will upon all such alarums , draw their companies to the severall passages leading thereunto . a declaration in vindication of the honour of the parliament, and of the committee of the navy and customes; against all traducers: concerning the managing of the navy and customes, and many other weighty affaires of state: faithfully relating what strength of shipping have been yearly employed for the guarding of the seas, and what moneys arising by the revenue of the customes, excise of flesh and salt, and other receits, have been applyed to that use. the rules by which they have been all managed; and a just account how the moneys have been disposed. by giles grene, a member of the honourable house of commons. grene, giles. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a declaration in vindication of the honour of the parliament, and of the committee of the navy and customes; against all traducers: concerning the managing of the navy and customes, and many other weighty affaires of state: faithfully relating what strength of shipping have been yearly employed for the guarding of the seas, and what moneys arising by the revenue of the customes, excise of flesh and salt, and other receits, have been applyed to that use. the rules by which they have been all managed; and a just account how the moneys have been disposed. by giles grene, a member of the honourable house of commons. grene, giles. [ ], p. printed for laurence blaiklock., london, : . annotation on thomason copy: "sept: ". reproduction of the original in the british library. eng england and wales. -- parliament. -- committee of the navy -- early works to . england and wales. -- royal navy -- early works to . excise tax -- england -- early works to . customs administration -- great britain -- history -- th century -- early works to . great britain -- finance -- early works to . great britain -- history -- civil war, - -- naval operations -- early works to . a r (thomason e _ ). civilwar no a declaration in vindication of the honour of the parliament,: and of the committee of the navy and customes; against all traducers: concer grene, giles. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration in vindication of the honour of the parliament , and of the committee of the navy and cvstomes ; against all traducers : concerning the managing of the navy and customes , and many other weighty affaires of state : faithfully relating what strength of shipping have been yearly employed for the guarding of the seas , and what moneys arising by the revenue of the customes , excise of flesh and salt , and other receits , have been applyed to that use . the rules by which they have been all managed ; and a just account how the moneys have been disposed . by giles grene , a member of the honourable house of commons . london , printed for laurence blaiklock . . a declaration in vindication of the honour of the parliament , and of the committee of the navy and customes ; against all traducers . concerning the managing of the navy and customes , and many other weighty affaires of state . there is no truth now more apparent , then that the tongues and pens of many men ; and the presse have in these latter times been so loose and disordered , as that they have been applied too frequently to the scandalizing of proceedings in parliament , and the severall committees , and members by them imployed , in the transacting of the weighty affaires of the kingdome , during the times of these late distempers : that so they might bring them into the disaffections of the people . the truth of this is clearely proved by those severall pamphlets which every day are engendred , and sent abroad into the world : and by the cunning and artifice of severall evill disposed persons , of different tempers , they are made instrumentall for different ends and intentions . and this is perceived by all wise men , so that it is hoped those libells take no impression with them , in regard of the persons scandalized : and amongst others finding the committee of the navy and customes , as they have had no small part of the care and trouble of these weighty affaires , so not to have the least share in those scandalls and reproaches : in discharge of the duty i owe unto the parliament , who when the king deserted them , were necessitated to undertake the government of the navy royall of this kingdome , for the safety and good thereof , and likewise of the customes appointed for its maintenance and support , and also in discharge of that particular duty i owe the committee of the navy and customes , and the gentlemen attending those services , unto whose care and trust both houses of parliament committed that great and weighry charge . and to cleare up the honour , care , prudence , and fidelity of both parliament and committee , against all traducers , in the advantagious and faithfull discharge of the trust for the weale and safety of the people , and all the three kingdomes ; i thought it not the least part of my duty , ( being best acquainted with those affairs ) to make this following declaration of the beginning , progresse , and present state of the same ; relating to the customes and navy ; and by what rules they have been transacted . in the yeare . shortly after the parliament first sate , and before the king deserted them , the house of commons appointed some gentlemen of that committee , and recommended to their charge the discovery of the abuses of the then farmors of the customes , and the examination of their accounts from the first yeare of his majesties raigne , unto that time : and notwithstanding the work was conceived by many worthy gentlemen not to be feazible , yet that cmmittee within few months by their report did so satisfie the house of the whole state of that affaire , as it produced . in fines to the use of the state . this done about the . of may . the house of commons commanded that committee to frame a bill for the legall payment of tonnage and poundage , to continue for a few weeks , untill some difficulties and misunderstandings between the king and parliament were removed ; and upon the same grounds severall other short acts of parliament were passed untill iuly . but the burthens upon merchandize , both forreign and domestick being unequally layd by the old book of rates , occasioned severall complaints and petitions , from merchants , cloathiers , shopkeepers , and others , unto the parliament , for ease of those burthens ; whereupon in the yeare . the house ordered that committee to frame a new book of rates : this proved a work of that travell and consequence in relation to the support of the trade of the kingdome on the one side , and the revenue of the kingdome for support of the navy , the strength of the kingdome , on the other side , as it became full of labour and intricacy to keep the ballance even ; for the encrease of the one , and support of the other , of which the very bare discovery of those rules which the wisedome of that committee found out to the due framing of that elaborate work , will sufficiently satisfie the reader at first view . they first divided all merchandize into domestick and forreign . domestick into commodities totally to be prohibited , or to be transported . transportations into manufactures of wooll , and other staple commodities . the manufactures of wooll , in regard of their generall influence throughout most conditions of men , and hazard of the losse of that trade in forraigne parts so much of late undermined by forraigne manufactures , was much eased of its former imposition . the other staple commodities as tyn , lead , &c. not so subject to danger as the others , were raised to some higher rates , according as the same could well beare . the forraign commodities were divided into necessaries . and superfluities . necessaries , and of certain use , as victualls , and all materialls for to encrease the manufactures of the kingdome were eased . superfluities which might be spared , and were incentives to prodigality , either in apparrall , or diet , food , or rayment , had their full load ; saving that in the very superfluities they found it necessary to make addifference : as , those of bulk , advantagious in the employment of shipping and marriners , in that relation , were somewhat eased . those of small stowage had a full load laid on them . yet in those likewise they made a difference : easing all such as were unmanufactured , burthening the re●t . but the marchants of the kingdome not only suffering under the unequall impositions laid on their commodities , but under the arbitrary power , and undue fees of the officers of the customes , which oftentimes more oppressed them then the payment of the impositions themselves . it was not the least labour of that committee , to dispose of the manner of payment of the duty , and to give such directions therein as by those rules they delivered the merchant , from all occasions of oppression , by the officer , and yet kept up the officer in his due esteeme . in compleating of this great work , the committee proceeded by a further rule , as well to attaine to the knowledge of the value of all commodities , as to their usefulnesse , without which , they could not well agree on the duty : and to that end did make use of the labours and judgements of many merchants of quality , of known integrity , and best experienced in forraigne trade , and importers of the severall commodities , who having with much labour laid the foundation of this great work ; it was also the wisdome of the committee in so high a trust to take advice from the retailors , and severall traders in the respective commodities . and after divers dayes disputes with them , having made their observations in writing of the differences in opinion between the importer and buyer , did referre the whole work together with their own observations , unto the farmours and officers of the customes , who according to their great experience and wisedome , did contribute much unto the compleating thereof : and upon return of their opinions , the committee finding yet further differences ; did after divers dayes spent in conference with the three parties , viz. the importer , the buyer , and the officer , and upon observations from them all , appoint a generall meeting of the merchants , retailors , and officers , acquainted them with their differences in opinion , which were reduced to very few , considering the variety and greatnesse of the work : and after a deliberate debate with them joyntly , the committee did compleat that work ; and so presented it to the house of commons , where it received a generall approbation with very few amendments . the book of rates thus formed , and upon report made to the house of commons thereof , being approved and passed without a contradicting voyce , order was given for the same to be printed and published ; and an act of parliament to be drawn for tonnage and poundage , relating to these rates , which with great deliberation of that committee , and advice with the kings councell , learned in the law , was drawn accordingly , reported and past both houses , and sent to the king then at york , for the royall assent , which his majesty refusing , order was given to that committee to consider of a way how to continue the payment of tonnage and poundage by an ordnance which they did accordingly , which upon report passed both houses : here arose the great difficulty of managing the affaires of the customes , which by ordnance of parliament was committed to the charge of that committee , wherein power was given them to remove and place all officers belonging to the customes , to give orders and directions to the commissioners of the customes as occasion should serve : to heare and decide all differences happening between the merchants and officers in reference to the customes ; and by their orders to dispose of all moneys arising on the customes , for the use of the navie . an imployment of great weight and as great trust , and which they discharged with as much faithfulnesse , wisedome , and advantage to the state , the distractions of the times , the disaffections of many merchants , and the want of a penalty to enjoyn the payment , considered , as ever that affaire was managed sithence the conquest ; which doth manifestly appeare by their saving upward of twelve thousand pound per annum , in the very charge of the commissioners ; and reduced unnecessary officers , formerly employed in the managing of those affaires , and yet encreased that revenue at least one third per annum , in those ports which were still under the obedience of parliament , besides the receits of those out-ports that were regained from the enemy . the distractions of the kingdome encreasing after the kings deserting the parliament : it pleased both houses by ordinance in august . to commit the charge of the navy , and setting forth the yearly fleets to sea for the defence of the three kingdomes , unto the care of that committee of the customes , and so they became the committee of the navy and customes : by which ordinance they had power to order the payments of moneys arising from the customes to the treasurer of the navy , who was a member of that committee , for the carrying on of that work : and the moneys being so setled in his hands , they were all to be issued out by him , by the only order of that committee ; which trust i dare confidently affirm he hath discharged with as much clearnesse and freedome from any corruption as ever treasurer did . and to satisfie the world that this trust was faithfully discharged by that committee , i will here give a short account of the severall fleets set to sea , with their strength and charge . in the year the parliament doubting that forraign force would be invited into this kingdome , commanded that committee that a strong fleet should be set to sea , for that yeare , which consisted of twenty saile of the kings ships , and twenty three merchants ships with . marriners , the charge whereof as well in the summer as winter guard , with other matters incident to the keeping up of the navy , that yeare amounted to two hundred and one thousand , seven hundred sixty one pounds . l. in the year . the parliament having more particular information of preparation of forraign forces to infest this kingdome , there were set forth for the summer fleet of the kings ships , & merchants ships , with marriners , and for the winter guard kings ships , and merchants ships , with marriners , the whole charge whereof with other matters incident to the keeping up of the navie , did amount unto three hundred and thirty thousand three hundred sixty nine pounds . l. in the yeare . there were set forth for the summer fleet , kings ships , and merchants ships , with marriners , and for the winter guard , kings ships , and merchants ships , with . marriners : the totall charge whereof with other matters incident to the keeping up of the navy , did amount unto two hundred thirty eight thousand foure hundred and seventy pounds . l. in the year . there were set forth for the summer fleet , kings ships , and merchants ships , with marriners , and for the winter guard , kings ships , and . merchants ships , with marriners ; the totall charge whereof with other matters incident to the keeping up of the navy , amounted to two hundred twenty five thosand , five hundred forty foure pounds . l. in the yeare . there were set forth for the summer fleet , forty foure kings ships , and merchants ships , with marriners , and for the winter guard , kings ships , and merchants ships with marriners ; the totall charge whereof with other matters incident to the keeping up of the navy , amounted to two hundred ninety six thousand , fifty one pound . l. and this year , there are set forth for the summer fleet of the kings ships and frigats , and merchants ships ; the charge whereof with the frigots now building , furnishing the magazin , and paying the ordinaries , and the other matters of the navy , will per estimate amount unto two hundred thirty three thousand foure hundred and fifteen pounds . l. besides , there have severall years been set out severall ships , by private adventurers by way of reprizall , which have been allowed victuals by the state . in all which expeditions , these particular actions of that committee are remarkable . . that being furnished with this great power and trust , in setting forth of ships , providing of materials and payment of moneys , they took along with them the concurrent advice and full consent of the commissioners of the navy , victulars of the navy , officers of the ordnance , and all other officers of the navy respectively , as fellow servants trusted with them , who by the order and directions of that committee , did with all chearefulnesse and faithfulnesse , for any thing that ever appeared unto that committee , act and execute all things for the greatest advantage of the state , in relation to the honour , safety , and profit thereof . . that with their concurrent advice and help , the severall yards , & store-houses of the navy royal , were so plentifully & seasonably maintained with pitch , tarre , hemp , cordage , planck , timber , and all other materials for shipping : and the office of ordnance so furnished with ordnance , powder , shott , & other gunners stoares , the victualling office so carefully and advantagiously managed , as that there was not one ship of all these severall fleets , but at her setting to sea was compleatly and arithmetically furnished with double equipage , of cordage , sayles , &c. with due proportion of powder , match , bullett , according to the number and dimensions of her ordnance : and with beef , pork , fish , pease , butter , cheese , bread , beere , and all other victuals , and all of the choysest and best , as there was never complaint made to the parliament or committee of any defect of any of these , either for quantity or quality . . that comming in of ships , ( saving in the time of the late commissioners of the customes , who for some reasons best known to themselves , did refuse upon pressing occasions to furnish the parliament or that committee with money or credit : ) the committee took that care for providing of moneys , ( many times with their credit ) as the marriners were so timely paid off , that the state was not at the charge of one dayes dead pay , neither was ever complaint of marriners hard at the doores of the parliament , since the time of these commissioners . . that the whole body of the navy was kept up , in that honour , strength , and readinesse for service , as no age can parallel , there being at this present an increase of above thirty ships and frigats more then they found belonging to the navy royall , whereof some have been taken by reprizall , some bought for money , and some built from the stocks , which are most active nimble vessels , all now in service . . that this great work was so advantagiously carried on , as notwithstanding the state was sometime above three hundred thousand pounds in debt , an● atpresent about two hundred and fifty thousand pound● yet hitherto ( saving in the time before mentioned ) there never wanted monies to carry through all the difficulties of that service . neither was the managing of the customes and of the navy , though two such great workes , the only imployment of that committee : but in the yeare . the parliament having by reason of the great fleetes contracted great debts on the navy , were pleased to put an excise on flesh and salt , the profits whereof they appropriated to the use of the navy , and committed the charge and care thereof to that committee , by whose wisedome and care , with the concurrence of the commissioners of excise , only by changing the manner of the collection , the yearly income was encreased from about seven or eight thousand pound , unto near sixty thousand pound per ann. as by the commissioners of excize accounts will appeare ; all which monies were disposed of by that committee by the same rule of customes . besides , there are severall gentlemen of this committee who being with divers honourable lords , appointed a committee for the excize , have transacted very great matters concerning the regulating of those receipts , and reconciling of differences happening in the same . there was a further charge lay on that committee , which was the managing of the ships , and goods taken by reprizall , which begot not the least trouble to the committee , in regard of the many intricare cases , which fell out , scarce numerable , in so short a narrative , yet was that distracted work with the faithfullnesse , care , and 〈◊〉 of the commissioners and collectors appointed for reprizall goods , carried on with all advantage as was possible for so unhappy a work to bee managed , which proved much the more troublesome and intricate , ( though the cheifest part of that trouble fell to the collectors ) by reason owners of merchants ships and all mariners had shares in all prizes and prize goods taken ; and this is here remarkable , that there is not an owner of shipping , nor mariner in the kingdome that can justly complaine , but that he hath received his full payment of all advantages which have been made in this kind , saving in some cases of late , only for want of a iudge of the admiralty to adjudge the same . beyond all this , it is observeable , that in the first yeare of these unhappy distractions , six of the committee of the navy with three honourable lords , did discharge the office of the lord high admirall , and of the judge of the admiralty : and with unexpressible trouble and care , without the help of the admiralty court , the iudge having deserted it , did by the order of the parliament , wade through those intricare cases which fell out that first yeare . besides this , severall worthy gentlemen of that committee , have for divers years since , together with divers honourable lords , for want of a lord high admirall , by command of both houses , carried on the whole frame of the affaires of the admiralty and cinque-ports . there lay yet a further charge on divers gentlemen of that committee , in regard of those relations which that committee had unto all sea affaires and to trade : it pleased the parliament to joyne them with divers honourable lords as a committee of forreign affaires , who by reason of the variety of complaints , which came from the severall ambassadors of spaine , france , the states , and orhers , of the ships and goods of their masters subjects to be taken in reprizall , by ships imployed by the parliament , were often incumbred with many intricate points of state ; and it was no ordinary service which those noble lords and the rest of that committee , laboured under to defend the just rights of the parliament , upon those severall emergencies which fell out , in speciall , between the ambassadors of the states ; and this committee , who after three moneths debate , did maintaine the actions of the parliament as warrantable , by treaties of state , and by law of nature , and nations ; as by a declaration sent unto the states from both houses of parliament , most clearely appeareth ▪ and this committee held constant weekly intelligence with the parliaments agents imployed in france , flanders , and holland , for the obtaining of justice for those merchants , who were agrieved by the taking or seazure of their ships or goods , or otherwise . there was another burthen lay on that committee , which was the managing of that most christian and honourable work for the redemption of the poore captives from their slavery under the turke , who with the help and unwearied paines of divers worthy merchants of the city of london , did with all advantage carry on that work , which will bee memorable to posterity : the care of the money collected for those uses , and the imployment of them being trusted by the parliament , with that committee , and that trust with all faithfullnesse discharged , so as had not that sad accident happened on the ship honour in the losse of the first cargason at gilbraltar , ( which much increased the trouble of that committee , and those gentlemen ) the work had well neare been finished ; yet blessed be god , two hundred and fifty captives are redeemed and brought home , ten thousand pounds sterling more in peeces of eight sent away for argier , and another cargason of the like value ready to be sent upon the first intelligence from the agent at argier : and care is taken for the redemption of those in tunnis , sally , saphia , and all south barbary . besides all those publick and weighty imployments of that committee , uncessant were their labours in particular businesses referred unto them by the house of commons : as the recovery in of the monyes due on the bonds delivered in by the farmours taken for customes in the time of the late act of parliament : preparing ordinances for the advancement of the trade of severall companys of merchants trading into forreign parts , with limited rules and restrictions ; composing of differences upon severall occasions between merchants and officers of the customes ; and examining , and stating that intricate affaire of the vintners , which subjected them to just fines ; and many other businesses of great weight and intricacy , and were with all cheerefullnesse and faithfullnesse transacted to cleare up the honour and iustice of the parliament : and that without the use of any arbitrary power , but in all cases which they found proper to receive their tryalls in any courts of iustice , were carefull to referr such causes to their proper courts . but the whole former narrative may bee true , yet the honour of the parliament , or of the committee of the navy no way cleared , but rather stands the more deeply charged : for it doth appeare by severall passages in the narrative , that the committee of the navy have executed the power and trust of two great officers of state ; as in the first yeare of these unnaturall distempers , being , the office of the lord high admirall : and from that very yeare to this day the greatest part of the office and trust of the lord treasurert ; these had the power of disposing multitudes of offices , the one in the navy , the other in the customes ; besides great fees and other perquisites of profit and great advantage ; yet the power of the committee rested not here , but the narrative setts forth divers other imployments of trust , whereby great advantages have bin very probably made by that committee or some private gentlemen , as the preferment of persons to offices , and those unworthy or not qualified for such offices , and men of more merit , sufferings and abilities laid by , which doth lay a great blemish on the honour of the parliament , to imploy their own members in such great places of trust and advantage ; and this is visible to all men , that the chaireman of that committee , had five hundred pounds per annum , allowed him , besides all his other great advantages , or otherwise neither he nor some others of that committee would ever have followed the affaires of that committee , with that zeale and paines early and late , that scarce a trades-man in the city , or husband-man in the countrey tooke the like : so that he was thereby brought to such weaknesse at three times , he was at the very gates of death by sedentary diseases . vnto all which it is necessary to give this further account that as to my own particular , i do here in the presence of the almighty god , the searcher of all hearts , and the righteous iudge as well of all mens intentions , as of their actions , protest ; that next that duty i owe unto god , who hath called me to this imployment , and to the parliament , who hath intrusted mee with the same , and to my country , for whose sake and preservation i was sent hither , all irresistable motives to an ingenious and conscionable christian , to make me account no labour too great , nor care too much , to be any way instrumentall in so great and glorious a work as the reformation in church and state , being the main end of the endeavours of the parliament ; i say next the duty i owed to those former relations , i was impatiently studious ( with the help , wisedome , and care of that committee ) to manage those great workes with that advantage to the common-wealth , and with that clearenesse from all private ends , as that on the one side the king , on the other side the people , might be in love with parliaments ; the king that he might see the great difference in the managing of the affaires of state , between the councells of the parliament , and his old councellours , of whom he was so fond , and by most of whom he was so grosly deceived , and the state abused ; on the other side , that the people might see their happinesse under the government of a king directed by the councell of parliament , in receiving redresse of their grievances , releise in their wants , due and speedy justice with all cleerenesse , and without consumption of their time , by long attendance , or of their estates by needlesse and forced expences . and as to the five hundred pound allowed mee by the parliament , towards the defraying of my expences , having my whole estate then under the power of the enemy for above three yeares ; i acknowledge it a great mercy from god , and a great favour in the parliament , to provide so liberally for me : yet i doe professe that those monies have not supplied my necessities , but before the quarters have come about , i have been forced to borrow mony of my children or servants , for to defray my ordinary disbursements ; yet have i not bin profuse either in apparrell or dyet , but have lived in a far lesse plenty then before i came to attend the service of the parliament . and as to the disposing of those severall offices , either in the navy or customes ; i doe make this answer , that it is true , that many hundreds of persons most of them destroyed in their estates by these civill warrs , had their petitions ly before that committee for preferments unto office ; and that committee did accordingly dispose of very many as they fell , wherein they used all possible care that the persons they preferred should be qualified for the imployment , men that had suffered in their estates , and recommended for their integrities ; and to my best remembrance they never preferred any but upon the speciall recommendation and certificate of the members of one or both houses or parliament : all which offices were by that committee conferred with so much care and clearnesse , as what ever was the former practice of officers of state , in disposing of them for money , a thing too apparent , and too great a blemish to those times : yet i doe with all confidence affirme , that neither my selfe , nor any gentleman of that committee ever received one penny for any such preferment ; and that committee in this point have been so exact and tender , in regard of the scandall that might arise to the parliament , by sale of offices , as that they have from time to time taken strict account of the clerks attending that committee , what advantages they made by the disposing of such offices ; and it appeares by their accounts duly kept , they have gotten between them all for orders , warrants , and grants for offices , not full thitty five pound , whereof neare forty places have been customers , comptroulers , and searchers in the custome house , all places of repute and profit , and as to the profits which did arise the first year , for the admirall tenths , and were alwayes by him carefully taken and converted to his private use . i do confesse there were prizses taken that year which amounted unto twenty two thousand pound or thereabouts , whereof two thousand two hundred pound accrued to the tenths , but that neither out of the tenths , nor any other profits whatsoever , i never received one farthing , but all the profits were faithfully converted by that committee to the use of the state . as to the office of the l. treasurer in the disposing of moneys , the last particular , and wherein satisfaction may more especially be expected , of what advantages have been made by the moneys arising by those three springs , or otherwise appropriate to the disposall of this committee . from the customes hath bin ordered unto sir henry vane ( whereof seventy thousand pounds is borrowed ) nine hundred twenty three thousand eight hundred sixty foure pounds two shilling & ten pence half-penny . l. s. d. ●b . from the excise of flesh and salt , one hundred forty five thousand foure hundred seventy one pounds seventeen shillings and seven pence . l. s. d. from prize goods , twenty three thousand nine hundred forty three pounds six shillings six pence halfe-penny . l. s. d. from other hands and receipts being either moneys borrowed , which are since repaid , or otherwise for speciall reasons appointed for the use of the navy , ninety three thousand six hundred pounds three shillings and nine pence . l. s. d. amounting in the whole , l. s. d. to which i say , that as in the case of offices , so in this also , the committee have commanded their clerks to give an account of what hath been given them for the orders signed for moneys ; and it appeares , it hath not been communibus annis , fifty pounds per annum unto each ; yet in orders , letters , &c. twenty reames of paper at least , have yearly been written , besides the journals of the committee , which are with all faithfulnesse and care preserved for the use of the parliament . and to satisfie the world of my own integrity , i do solemnly professe , as in the presence of god , at whose tribunall , i must give an account for all my actions before all men and angels ; that for the appointing of all those moneys disposed of by that committee , i never received , nor any other to my knowledge for my use , any summe or summes of money , not the value of a penny from any person or persons whatsoever as a fee , bribe , reward , or what other name you may give it ; but the same hath in every part been faithfully conveyed from the treasury of the state to the hands of the subject without any advantage made upon them , saving that there was about foure yeares since , three pounds sent unto me from a captaine at sea for a beaver hat , which mony i gave freely away , and was disposed to my best remembrance thirty shillings to the distressed protestants which came from ireland , the other moity to maymed souldiers in the parliaments service : ) nor have i ever received any sume or sums for any other affai●●s of parliament whatsoever transacted by that committee all provocations tending there unto i have avoyded , and declined , i abhorre and from my soule detest the very thought of such proceedings : it is so farr below a gentleman and a member of the high court of parliament . if any man can justly charge me with any such matter , there is a committee appointed by the house of commons for examination of such matters , where he may complaine : and i will give him fouresold reparations ; or further , if any man can make it evident , that he hath given any thing as a reward , gratuity , or such like to my wife , any child , servant , or any other for my use , i will make him reparation to the full value . and for any gentleman , or other person , that hath at any time by way of civility brought or sent me any thing whatsoever , which yet among men is lawfull , and may have in it no dishonest intentions either in the giver or receiver ; i doe hereby invite and desire him to let me know the value of the same , and i will willingly satisfie him for it : and what i have here asserted on my own behalfe , i am confident i may with much freedome assert on the behalfe of those worthy gentlemen of the committee , who constantly attended those services . and now i have done , and by this i hope have 〈◊〉 all modest christians , and stopped the mouth 〈◊〉 slander : whereby i trust i have discharged my first ●●gagement , in clearing up the honour of the parliam●●● and of the committee of the navy and customes , 〈◊〉 their faithfull transacting of all the affaires 〈◊〉 to their trust and charge : that they have been 〈◊〉 not with any base or private ends or advantages , 〈◊〉 with publick spirits to the honour of the parlia●●●● good of the people , advantage and safety of the ●●●dom . by giles grene esquire a member of the honourable house of commons . finis . by the king. a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments, due and payable the first of august last past england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments, due and payable the first of august last past england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : . dated at end: given at our court at whitehall, the twenty sixth day of september, in the twelfth year of our reign, . reproduction of the original in the british library. eng england and wales. -- parliament -- appropriations and expenditures -- early works to . england and wales. -- army -- appropriations and expenditures -- early works to . taxation -- england -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments, due and payabl england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments , due and payable the first of august last past . charles r. whereas in our absence an ordinance of both houses of parliament was made , intituled , an ordinance of the lords and commons for the assessment of seventy thousand pounds by the moneth upon england , for three moneths , for the supply of our present occasions , and for and towards the payment and satisfaction of the armys and navies , continued for the defence of this kingdom , and for other the necessary and urgent occasions thereof , and for the due levying and raising of the said moneys , an act also passed in this present parliament , for putting the said ordinance in execution , and thereby all and every the clauses , powers and provisions in the said ordinance mentioned , are enacted to be put in full execution . and whereas by the aforesaid ordinance , it is ordered and required , that the full sum of the said three moneths assessments , charged upon the several and respective counties , cities , boroughs , towns and places , within our realm of england , and dominion of wales , should be wholly paid in and compleated to the receiver general thereunto appointed , at or before the first day of august last past ; nevertheless the same is in a very great measure , as we are informed , uncollected : and for non-payment thereof , the necessities they were appointed to supply are disappointed ; and the disbanding of such part of the army , to whom is assigned some of those arrears , will be much retarded : we therefore by and with the advice of our privy councel , do hereby require and command , under the penalty of our high displeasure , all and every the commissioners named in the said ordinance , for the respective counties , cities , boroughs , towns and places , within our realm of england , and dominion of wales , speedily and very effectually , to put in full execution all the powers , authorities , orders and rules mentioned and laid down in the aforesaid ordinance , as may best conduce to the speedy carrying on of the publick service thereby required , and that all and every the head-collectors , sub-collectors , receivers , and other persons impowred by any clause , article or order , in the said ordinance , do with all diligence and care , perform the duty of their several imployments , under the penalties by the said ordinance imposed ; to the end that there be no failer in any part of the due execution of the service by the said ordinance appointed : but that the whole arrears of the said assessments being paid in without delay , the great inconveniencies which otherwise will ensue , may be prevented and avoided . and lastly , we do hereby streightly charge and command all persons whatsoever to yield all due obedience forthwith as to the paying their and every of their arrears of the aforesaid assessments , in manner as by the said ordinance is ordered and directed , as they and every of them will answer the contrary at their utmost peril . given at our court at whitehall , the twenty sixth day of september , in the twelfth year of our reign , . london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . to his highness the lord protector of england, scotland and ireland, &c. the humble petition of the proprietors, commoners and mineral bounders of the deserted and drowned mines within the counties of cornwal and devon this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to his highness the lord protector of england, scotland and ireland, &c. the humble petition of the proprietors, commoners and mineral bounders of the deserted and drowned mines within the counties of cornwal and devon bakehouse, jo. aut bakehouse, tho. aut doxie, jo. aut p. s.n., [london : ] caption title. imprint from wing. signed at end: jo. bakehouse tho. bakehouse jo. doxie. reproduction of the original in the worcester college library. eng cromwell, richard, - -- early works to . england and wales. -- lord protector ( - : r. cromwell) -- early works to . mines and mineral resources -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (wing t a). civilwar no mr. bushel's abridgment of the lord chancellor bacon's philosophical theory in mineral prosecutions. the impressa of mr. bushell's golden me bacon, francis c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - derek lee sampled and proofread - derek lee text and markup reviewed and edited - pfs batch review (qc) and xml conversion to his highness the lord protector of england , scotland and ireland , &c. the humble petition of the proprietors , commoners and mineral bounders of the deserted and drowned mines within the counties of cornwal and devon . sheweth , that your petitioners observing the experimental way of mr. bushell's proceedings , to be not only the most probable to discover the vast mineral-treasure supposed to lie in the metal-loads of that beacon-hill called hingston-down , coome-martin in devon , and guynop in cornwal ; but likewise the onely probable means to enrich these western parts , and your other territories with inestimable treasure , by following his example in all drowned and deserted works ; and because we find he hath no more desire of partnership then the assistance of providence , and your highness patronising this his commendable enterprise , nor any other ambition then gratitude to the memory of that great philosopher , his deceased master , the lord chancellor bacon , and to make our age the president and honor of fulfilling the old proverb , hingston-down welly wrought , is worth london-town dearcy bought . now in regard the lords of the fee , and commoners thereof , as well as the major part of the mineral bounders , have with all cheerful alacritie ( for the publick good of this nation ) subscribed their affectionate consents to this great work , in a letter to mr. bushell hereunto annexed : we your petitioners do in the behalf of our selves and the mineral bounders of cornwal and devon , implore your highness speedy confirmation of mr. bushell's articles , without his personal attendance in london , according to the gracious signification of your highness favors to his petition , that no time may be lost in so honorable a design , nor he disabled or dismaid in so general a concernment ; since we find him exceeding active to study the preservation of your honors and dignities , with the countries advancement , as to your highness wisdom may appear by the demonstration of his mineral overtures , and a draught of his unanswerable reasons likewise annexed . charls trevanion tho. mainard edw. herle jo. chatley john tremenhere phi. lanyon william edw. wise richard arundell fran. buller jun. ja. launce david hawes chr. wood will. wise j. boscowen tho. lower . john coryton john lampen tho. grose john fathers william wrey nath. tarvanion will. rous. sir , we have seriously considered the proffer'd civilities in your letter , and the plain demonstrations in your ingenuous reasons , to cut north and south through the lowest level of hingston-down , for crossing all such metal-loads as lie east and west , and for freeing the mines from the impediment of water ; by which you may verefie the old proverb , hingston-down welly wrought , is worth london-town dearey bought : and therefore you may rest assured , that we shall give our free consents and endevours to procure other gentlemen of our county to further your most noble and unparralleld design , that a speedy dispatch may be made thereof for the general good of the nation , which is and shall be ever very much desired by sir , novemb. . . your very ready friends and servants , edw. herle . cha. trevanion . j. boscowen . chicheste wrey . edw. wise . william wise . john lampen . ja. launce . richard erisey . jo. chatley . phi. lanyon . natha . tarvanyon . hu. pomeroy . tho. grose . richard arundell . william rous. n. borlace . tho. lower . fran. buller . john coryton . john harris . nich. sharsell . john battersby . j. tremenhere will . wrey . william coysgrave . edward wilcocks . john fathers . david haws . for our noble friend tho. bushell esq ; these . mr. bushels letter to the miners of mendyp , and their answer , with the juries order . fellow miners , upon the overtures of my mineral discoveries taught me by the theory of my old master the lord chancellor bacon's philosophical conceptions ; his highness the lord protector upon hopes of the like providence in all his other territories to ease the nation of their taxes , gave me power to try the aforesaid experiments , since it was conceived by the aforesaid lord , that great riches lay in the bowels of our mother earth , and underneath the superficies of the most barren mountains ; and in order to such his commands , i have not onely published the inclosed declaration for satisfaction to all moderate persons , which have not unbyassed principles against the honor of their native country , but also am setting on foot the drowned and deserted works in the naked promentories of hingston down , coom-martine in devon , and guynop in cornwal : and being likewise informed by your fellow miners , that millions of wealth lie in rowpits neer chewton-minery , which yet cannot be recovered from the inundation of water by the greatest artists of former ages : i have upon my own deliberation and viewing the place , thought fit to render you the experience of my practical endeavors , and with a willing mind to attempt the forelorn hope of their recoveries at my own charge , if i may have the well-wishes of you in general , and the moyety or half , bearing equal charge , when the water is drained ; your speedy answer shall make me decline or prosecute the same with effect , which is the only ambition of . april . . your faithful friend , t. b. for his very loving friends , john phelps , tho. voules , will . cole , alex. jett , will . betten , rob. radford , and tho. wood , with the rest , these deliver . right worshipful , manna from heaven was not more welcome to the pilgrims of israel , then the good news your letter brought to us poor miners of mendyp , who now are like moses in the mount , which saw the land of promise , and yet could not enjoy the propriety thereof ; even so fares it now with us : for a month or two of a droughty summer we behold the appearance of much treasure lying in the veins of those metal loads , and so soon as we are preparing for harvest , to reap a mite of its mineral profit , the inundation of water takes away our present possession , and leaves us exposed to a sad condition having no other profession for our livelihood . but if your goodness and charity will be pleased to extend the interest of your knowledge to drain the rake called the broad rake of sir bevis bulmars works in rowpits near chewton minery , which is known to be the lowest level , and sole of those works ; we do herein engage our selves under our hands and seals , and on the behalf of all others that shall hereafter work in the said rake , that you and your assigns shall have the moyety of the whole , paying half the charge ; and likewise procure the lord of the soil to do the like , if you please to proceed with speed for the perfecting of the same ; and in token of our affection to serve you , we have presumed not onely to petition his highness in your behalf for the better encouragement , but also oblige our selves to tender you the first refusal of all our parts and shares of oar , paying ready money , and giving us from time to time the same rate as other merchants shall conceive it to be worth : and so we bid you heartily farewel , resting may . . your ever obliged servants , valen tryme , for his part . tho. white . ioh. hoskins . andrew baller . nich. barrel . john blackhouse . john johnsons . will. norman . john thrisel . tho. atwood sen . john naish . edw. hopkins . nich. plumley . john hinsh . rich. friar . jam. midleham . john phelps . will. voules . john cole . rob. clark sen . rob. clark jun. tho. voules . tho. atwood jun. alex. jett . tho. rowles . nich. parker . will. dudden . john radford . rob. radford . for tho. bushel , esq ; chewton-jury , may . . vvhereas we of this mineral grand jury are credibly informed of the great design for the publike good of the miners , which do adventure in rowpits , and is now undertaken by tho. bushel esq ; which were formerly the deserted works left by sir bevis bulmar in the time of queen elizabeths reign , and whereas many of the chief adventurers in the said rowpits do and have consented to surrender the one half of their works and mines there unto the said tho. bushel and his assigns , when the said tho. bushel doth make it appear , that by his or their workmanship they be freed of the inundation of their waters , unto the mineral court for the time being : we of this jury do order and make this decree , that when it shall happen that the said tho. bushel doth prove that he hath by his workmanship done by him and his assigns , cleared any miners work as aforesaid , unto the jury as aforesaid , he shal enjoy the one half of the works : provided alwaies , the said tho. bushel and they shall be liable to pay all mineral costs and charges , as far as he and they are entrusted , agreeable to the custom and law of the occupation ; and to this we all agree , and have subscribed our hands , the day and year first above written . andrew baller . jo. phelps . thy. attwood sen . nich. barrel . will. norman . nich. parker . io. cornish . edw. hopkins . will. dudden . tho. rowles . john blackhouse . john house . john hoskins . john thristle . john johnsons . tho. attwood jun. nich. plumley . valen dudden . to his highness the lord protector of england , scotland and ireland , &c. the humble petition of the mineral-bounders within the county of somerset . sheweth , that your petitioners observing the experimental way of mr. pushell's proceedings to recover the vast mineral treasure known to lie in the drowned and deserted works of that antient forrest called mendyp-hill ; and being likewise the onely probable means to enrich your other territories , by following his example in concealed places of the like nature : we your petitioners do in the behalf of our selves , and the generalitie of laborious miners , who have no other subsistence then providence in those harmless affairs , humbly implore your highness confirmation of mr. bushell's articles without his personal attendance , that no time may be lost in such an honorable concernment ; since his active diligence in that mineral proceed is to study the preservation of the poor's livelihood under ground , as well as the riches , honor and profit it may afford to the nation by this his invention , according to your highness trust reposed in him for that purpose , as appears by the demonstrative reasons of his mineral overtures . the grand-jury for the libertie of the castle of richmond upon the forrest of mendyp . jo. radford foreman will . colliar jo. spiring jo. midell jo. liget will. ames roger tegg rich. harris walter hoads will fry tho. vowles mich. curtis hen. hutchins tho. chapman william barrell john barrell and. spirrin jo bates will. bush jo. haydon will. haydon rich. haydon will. chyles rich. filer geo. filer jo. canby james tucker jo. tucker na. brown jo. bary jo. martin james hyden andrew bath sam. cox jo. tegg tho. blackman anth. eggesfield jo. harris . the grand-jury for the libertie of charterhouse-hydon upon the forrest of mendyp . robert radford james brown mat. chansler jo. plumley peter herler leonard fox geo. colse will . bluning will , tucker will . lane sen . jo. lane rich. thomas clark will . lane jun. geo. whithead jo. chansler fra. ozer walter thutchen jo. brock geo tucker will . cole jo. blackman tho. blackman jo. waker geo. hoskins . mr. basbee's affidavit . vvalter basbee aged about eighty years , maketh oath , that he was saymaster to goldsmiths hall about fifty years ago , and vers'd in minerals ever since both at home and abroad , and was by king james sent to the emperor of russia to make him a standard of gold and silver in his mint in the city of moscovia , equivalent to the tower of london ; and no sooner was that service performed by this deponent , but his imperial majesty commanded him to refine the gold of a rich copper-mine lying in cyberea , five hundred miles beyond the river volgo , which held of gold in every tun to the value of three , four , or five hundred pounds ; where this deponent did remain until he was taken prisoner by the tartars , and afterwards exchanged by the emperor to be sent for england ; where this deponent hath ever since spent most of his time , under mr. bushell's philosophical way , taught him by the late lord chancellor bacon , which ( in the judgment of this deponent ) cannot be parallel'd by any , and if now practised according to his printed remonstrance , and the mineral grand-jury's order of chewton , this deponent doth verily believe that the age we live in will exceed all former ages in mineral discoveries and their separations . walter basbee . sworne the . of december . before me one of the masters of chancery in ordinary , w. glascock . christopher wright's affidavit . christopher wright aged fifty six years maketh oath , that he was sent by mr. joseph hexeter of cumberland to be in the same place of steward for direction of mr. bushels minerals under ground , as the said mr. hexeter was under him in wales at l. per ann. salary : and finding the said mr. bushell to give such probable reasons for recovering the inundation of water out of the vast and drowned works of rowpits , by persuing a drift as a common-shore , from the concaves of a natural swallow twenty fathom deep , after his industrie had sunk twenty shafts to discover the same , on purpose to come to the rich loads of metal known to be buried in the adjacent groves of water : this deponent and others , upon confidence of making good his great undertakings therein ( although his judgment was then much questioned by the inhabitants for the attempt ) did and do desire but half wages ever since 〈…〉 mendip had invited the said mr. bushell under the● hancs and decree of their court , to have half the profit , bearing half the charge , after the water was drained , which this deponent doth verily believe will be in a short time perfected , and appear for precedent sake , as well as for present profit , the greatest work that hath been done by any mineralist these hundred years , if the malicious attempts of some ill-natured persons do not now hinder the growth of his proceedings therein . for this deponent doth depose , that by some wicked persons there was a great lake of muddy water turned about the hour of midnight , and upon a great flood , into the swallow , on purpose as is conceived to choak it , and so consequently to drown his men that came from forein parts , and were then working twenty fathom deep , which this deponent doth aver were forced to save their lives by running up their grooves at the same time , the swallow being not able to receive the torrent of its water . and this deponent doth likewise depose , that about the . of october last there was some other such envious person who pulled down so much of the undertimber of his shaft , that the whole groove of earth fell into mr. bushels drift , when his men were at work underneath ; and it was supposed by divers never to be recovered : but thanks be to god , the danger is past , and mr. bushels drift goeth on towards the rich works known to lie fathom before him ; for this deponent was one of the workmen that landed l . per week out of one shaft this last summer , and saw l . per week out of another ; but the charge of drawing water , though in the drought of summer , stood ( as they reported ) in l. per week apeece , which mr. bushels drift will prevent ; and likewise to more of the like nature as are supposed to be within the verge of rowpits . christopher wright . sworne the . of december . before me one of the masters of chancery in ordinary , w. glasco●● . the testimony of some miners of mendyp to the council . we whose names are hereunder written , being miners , and well vers'd in the mineral rakes of rowpits upon the forrest of mendyp , are ready to testifie upon oath , that the great wrongs done to the works of tho. bushell esq ; in rowpits , as is deposed by christopher wright before a master of chancery , are of a certain truth ; and we are likewise ready to testifie our opinions upon oath , that if the way of mr. bushels now proceeding to recover those drowned and deserted works , may go on without molestation , according to the orders of the grand jury of chewton made for 〈…〉 encouragement , we do believe in our consciences that the●● hath not been these hundred years such a service done 〈…〉 this commonwealth , in advancing the knowledge of the miners trade , for profit and precedent . and we also humbly conceive , that if a binding order be made by your lordship to confirm ( on all points ) the said grand jury of chewton orders for deterring unrulie miners from such exerbitancies as also that no persons should lose any more their summer work to follow the mines of rowpits ( which are now to 〈…〉 more purpose in matter of profit , then to wash the black ▪ moor ) until mr. bushels drift can come up to drain their in undation of waters , which ( as we find exprest in his remonstrance ) he doth undertake to perfect in four years ; and we do verily believe , that not only all the oar may be then landed for two shillings per tun , but that we shall then also know the inestimable riches of that place without further charge or ruining more families in working upon rowpits . and we do also confidently believe in our consciences , that when mr. bushels now drift from his swallow doth come up to the o●● works drowned , and that he doth pursue likewise his cross rake from his swallow to the forebreast of sir bevis bulmar deserted work , ( as he saith he intends to do , so soon as he hath secured the place according to agreement , and the grand jury's order of chewton dated the . of may ) the said mr. bushell will make good his marqus of a thousand pounds per week : for there are men yet alive that will justifie , that the forebreast of sir bevis bulmar's work was nine foot wide in oar ; and we our selves know , that a hundred pounds per week out of one groove in the old work is ordinary , when the suffocation of water doth not hinder them . jo. bakehouse tho. bakehouse jo. doxie . a more exact and necessary catalogue of pensioners in the long parliament, than is yet extant together with their several gratuities, rewards, and sallaries, bestowed upon themselves out of the ruins of king, and kingdom, (not for secret, but) for publick service, (if you will believe them) as mr. william prinn, (a member in the same parliament, and a restless stickler in all those revolutions) : and the history of independency, (printed in the year .), inform us. england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a more exact and necessary catalogue of pensioners in the long parliament, than is yet extant together with their several gratuities, rewards, and sallaries, bestowed upon themselves out of the ruins of king, and kingdom, (not for secret, but) for publick service, (if you will believe them) as mr. william prinn, (a member in the same parliament, and a restless stickler in all those revolutions) : and the history of independency, (printed in the year .), inform us. england and wales. parliament. sheet ([ ] p.) s.n., [london : ?] reproduction of original in huntington library. broadside. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- officials and employees -- pensions. great britain -- history -- charles i, - . broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a more exact and necessary catalogue of pensioners in the long parliament , than is yet extant : together , with their several gratuities , rewards , and sallaries , bestowed upon themselves out of the ruins of king , and kingdom , ( not for secret , but ) for publick service , ( if you will believe them ) as mr. william prinn , ( a member in the same parliament , and a restless stickler in all those revolutions ) and the history of independency , ( printed in the year . ) informs us. the speaker ( lenthal ) l. per annum , and l. given him at one time besides . bulstrode whitlock , commissioner of the great-seal , worth l. per annum , and l. given him besides . edmund prideaux , l. per annum . roger hill , l. per annum . francis ro●●● , l. per annum . humphrey salway , l. per annum . john lile , l. per annum . oviler st. john , hath the passing of all pardons upon commissions , worth . and by ordinance of parliament , both attorney and sollicitor to the king , worth what he pleased to make it ; and what that might probably be , shall not be here estimated ; it being well known , that they were alwayes tender conscienced in the concerns of profit , especially sir william allison , l per annum . thomas hoile , l. per annum . thomas pury , senior , l. per annum , and l. given him besides . thomas pury , junior , l. per annum . william ellis , l. per annum . miles corbert , l. per annum . john goodwine , l. per annum . sir thomas widdrington , l. per annum . edward bish , l. per annum . walter strickland , l. nicholas love , l. per annum . sir gilbert gerrard , pay-master to the army , and had d. per pound allowed him ; which at least , amounted to l. per annum . besides l. given him , and l. per annum . gilbert gerrard , his son , l. per annum . john selden , l. given him , of which he received . john bond , made master of trinity-hall in cambridge . sir benjamin rudiard , had l. given him . lucas hodges , made customer of bristol . sir john hipsly , had the keeping of three of the king's parks , viz. mary-bone , hamton , and bushy-parks ; and l. given him besides . sir thomas walsingham , a great part of the lord dorset's estate given him ; and he cut down timber trees of it . benjamin valentine , l. given him . sir henry heyman , l. given him . dennis hollis , l. given him . nathaniel bacon , l. given him . john steevens , l. given him . henry smith , l. per annum . robert renolds , got l. by the purchase of bishops-lands ; and had l. per annum , and l. given him besides . sir john clotw●●●hy , treasurer for ireland ; and charged by the ●●my , with defrauding the state of l. john ash , l. given him ; and what was worth all , was made great chair-man at goldsmiths-hall . john lenthal ( the speaker's son ) l. per annum . francis allen ( made customer for london ) formerly a poor goldsmith in fleet-street . giles green , had sir thomas daws his estate given him . francis pierpoint , had the arch-bishop of yorks lands in nottinghamshire , given him . william pierpoint , had l. given him . john blackstone , had l. and l. per annum given him . seawine , had l. given him . isaac pennington , l. besides store of bishops lands given him . john palmer , made master of all-souls in oxford . thomas ceely , long a prisoner for debt , helpt out by the parliament , and made recorder of bridgewater . thomas moor , made an officer in the custom-house . samuel vassel , l. given him . oliver cromwel , l. per annum . sir william brereton , l. per annum . thomas wait , governour of burley ; and has thriven so well by it , as from nothing , to be able to purchase l. per annum . sir oliver luke , collonel of horse ; and in a fair way to retrieve his decayed estate . sir samuel luke , collonel , and scout-master , for the counties of bedford , &c. thomas gell , lieutenant-collonel , and made recorder of darby . valentine walton , collonel , and governor of lim-regis . richard norton , collonel , governor of southampton . edward harvy , ( late a poor silk-man ) collonel , and had given him the bishop of london's mannor of fulham . edward rositer , collonel , and general of the lincoln-shire forces , and governor of belvoyr-castle . sir michael livesey , collonel , sequestrator , and plunder-master-general of kent . henry ireton , collonel , and commissary-general . richard salway , collonel , formerly a grocers-man . j. b once a carrier , now a collonel , which he found to be the best imployment ; and got so plentifully by it , that he may well serve in succeeding parliaments gratis . thomas rainsborough , ( a skiper of lim-regis ) collonel , governor of woodstock , and vice-admiral of england . robert black , collonel , governor of taunton . francis russel , collonel . rowland wilson , collonel . robert harley , collonel . richard brown , major-general , and governor of abbington . peter temple , captain of a troop of horse . john ven , collonel , and governor of windsor , had l. given him . algernoon sidney , governor of dover-castle . richard ingolsby , collonel , governor of oxford . john hutchinson , collonel , governor of nottingham . sir john palgrave , collonel . edmund ludlow , governor of — cornelius holland , l. per annum . philip skippon , serjeant-major-general of the army , major-general of london ; and had l. per annum , lands of inheritance given him . charles fleetwood , collonel . thomas westrow , nothing worth until a captain , and parliament man , had the bishop of worcesters manmer of hartlerow . henry martin , collonel of a regiment of horse , and a regiment of whores . nathaniel fiennes , collonel , ( governour of bristol once ) thereby hangs a tail . anthony stapley , collonel , governour of chichester . alexander rigby , collonel , governour of boulton . charles pym , captain of a troop of horse . sir authur haslerig , collonel , governour of new-castle , and had the bishop of durhams manner of aukland , and l. given him . william gipson , collonel . sir thomas middleton , major general for denbigh , and five other countries . godfrey boswell , collonel . lord gray of grooby , had the queens manner of hold●nby , and made a great fall of the woods . sir william constable , governour of glocester ; he sold his estate to sir marmaduke langdale for l. and was restored to it again by parliament , without returning a penny of the money back . sir william purefoy , collonel , and governour of coventry ; he fought valiantly against the market-cross at warwick , and the monuments in st. maries church there , for which he had l. given him ; but when he should have fought with the enemy , hid himself in a corn-field , which made a wate-man at temple-stairs ( that had been his souldier ) refuse to carry him . sir edward hungerford , l. per annum . herbert morley , collonel , plunder-master of surrey . john moor , collonel , and had for some time the benefit of passes out of london . walter long , collonel , had l. given him . sir waller general , he lost two armies , yet a gainer by the imployment . john allured , collonel . michael oldsworth , governour of pembroke , and mountgommery , had l. per annum . given him , and was keeper of windsor-park thomas scot , ( a brewers clark once ) had lambeth-house . ashurst , had a l. given him , and had the clark of the peaces place for lancashire . and all the and members , by account , gave themselves l. per week per piece , which is . per annum . sir gilbert gerrard , l. william pierpoint , l. john ash , l. but these are small and trivial sums , which signify nothing : but the motive paramount to all , was , for the sake of the lord. by the king, a proclamation for further proroguing the parliament england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for further proroguing the parliament england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., [london] in the savoy : . "given at our court at whitehall, the two and twentieth day of september . in the three and twentieth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. proclamations -- great britain. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for further proroguing the parliament . charles r. whereas at our last session of parliament , we prorogued the same until the sixteenth day of april next ensuing ; we , by advice of our privy council , for divers weighty reasons vs especially moving , do hereby publish and declare our royal will and pleasure , that the same parliament shall be again prorogued from the said sixteenth of april , until the thirtieth day of october then next following ; that is to say , vntil the thirtieth day of october , which shall be in the year of our lord , one thousand six hundred seventy two . whereof the lords spiritual and temporal , knights , citizens , and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly . given at our court at whitehall , the two and twentieth day of september . in the three and twentieth year of our reign . god save the king. in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . the most blessed and truest newes from ireland, shewing, the fortunate successe of the protestants, and gods just vengance on the rebels. with a list of the protestant commanders, and the chief of the rebels commanders, and the townes that the protestants have relieved. with the humble petition of the baronets, esquires, ministers, gentlemen, freeholders, and others peacably affected in the county palatine of lancaster, to the kings most excellent majesty. with his majesties answer thereunto. barry, john, th cent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m wing b _incorrect estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no or : ) the most blessed and truest newes from ireland, shewing, the fortunate successe of the protestants, and gods just vengance on the rebels. with a list of the protestant commanders, and the chief of the rebels commanders, and the townes that the protestants have relieved. with the humble petition of the baronets, esquires, ministers, gentlemen, freeholders, and others peacably affected in the county palatine of lancaster, to the kings most excellent majesty. with his majesties answer thereunto. barry, john, th cent. charles i, king of england, - . , [ ] p. printed for t.w. and g.h., london, : . "blessed newes from ireland" signed: john barry. item at reel : incorrectly identified as wing b . reproductions of original in thomason collection, british library. eng england and wales. -- army -- registers. great britain -- history -- charles i, - . ireland -- history -- rebellion of . lancashire (england) -- history -- sources. a r (wing m ). civilwar no the most blessed and truest newes from ireland, shewing, the fortunate successe of the protestants, and gods just vengance on the rebels. wi barry, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the most blessed and truest newes from ireland , shewing , the fortunate successe of the protestants , and gods just vengance on the rebels . with a list of the protestant commanders , and the chief of the rebels commanders , and the townes that the protestants have relieved . with the humble petition of the baronets , esquires , ministers , gentlemen , freeholders , and others peaceably affected in the county palatine of lancaster , to the kings most excellent majesty . with his majesties answer thereunto . london , printed for t. w. and g. h. . a list of the protestant commanders , and the chiefe of the rebels commanders , and the towns th●t the protestants ●ave releeved . the protestant commanders lord ormond . lord brabason . earle of baramore . lord lisly . earle of kildare . s. george wentworth captain armstrong lord pore . s. thomas lucas . lord thomond . sir rich. greenvile . colonell monk . captain scout . lord lambart . lieut. col. loftus , sir iohn sherlock . serj. major wa●●●n . serj. major paget . serj. ma. willoughby the chiefe rebels . earle of care . l. vis . mountgarret l. vis . herne . lord dunsane . l. bar. of dunbony . l. bar. of logmoe . earle of wickloe . earle of waxford . ear . of catherlaugh lord muskre . lord l●●●●●● . lord d●lvin . lord arkin . col. fitz. gerard . captaine demsey . col. hugh birne . tow●● re●●ved by the protestants . athy . killtrush . drogheda . cast . tippar . castle catherlaugh . cloughgrenan . wi●glee . ballilenon . cast . rebon . stradbally . ballin●kill . dent . knockardnegurrath . burr●s . knocknemease . o duns . 〈…〉 int. clogham . kingsale . blessed newes from ireland . sir , since many idle rumours are divulged among you , concerning the present condition of ireland , some of which are improbable , other are so doubtfull , that men have just cause of suspition not to believe . my purpose is therefore at this time intended perfectly to resolve you of the truest affaires , and most reall estate of all ireland . the lord ormond , the earle of kildare , the lord br●ha●●n , cap. armstrong , quarter-master generall of the horse , and sir george wentworths troupe , under the command of captaine herman , every one with their severall forces overcame the castle tippar , which the rebel had possest , taking from thence great stone of ammunition , who marching onwards with great courage to kiltullin , burned by the way many villages of the rebels ; and from thence marching to athy , burnt the castle and towne of ki●●●sh , belonging to the rebellions colonel fitz-gerald ; from thence they took great store of provision , which the rebels before had taken from the english . then sr. patrick wymes bringing us a fresh supply of souldiers , consisting of . foot , and . horse , the english army marched to the castle of catherlagh , where the lord ●●l●in , earle of west-meath , the lord mountggarrat , the lord lo●pon , resisted them with strōg forces , but our men had undaunted spirits , and feared them not in the least respect , and wee having the advantage of them , being on a hil , gave them three vollies of shot , before they came within shot of us , and continuing very eager with them , we took the l. muskgroo prisoner , & slew about nine score more , then they fled & yeelded up the castle . from thence we marched to cloughgrenan , a castle of great strength , and conquered that also ; but the rebels perceiving their approach , fired the towne ; but captain harman knowing that part of the countrey very well , followed them , and slew a great number of them , and relieved hundred protestants , exceedingly distressed there . then we marched on , and relieved captaine george grehams castle called , ballilenon ; and by the help of the lord lievtenants , and sir thomas lucas troups , castle rebon and pert were removed . marching to stradbally , we slew many passing over the river barron , where the rebels are encamped ; and marching to his majesties fort of mary-borough , by the helpe of the lord lislyes forces , they relieved ballynekill : marching onwards , wee killed threescore rebels at knockardnegurrah , the other fled , and yeelded up the towne . the lord lievtenant , the earle of baramore , the lord poore , earle of alentia , the lord thomond , sir thomas lucas , sir richard grenvile , captaine armestrong , and captaing scout , with their severall troups & forces , relieved burros , the duke of buckinghams castle , and passing the river noare , neere unto florence , fitz-patrick , there was a stone cause-way over a bog , and passing thereby , we killed many rebels , and relieved three hundred english prisoners . then they relieved knocknemease , and in the morning burr , and put foure or five hundred english therein , who had endured a long siege by the rebels . in their returne back they burnt the country of o duns , till they came to castle-ruffe , and by the help of colonell monke , and captaine treswel , the one commanding the lord generals , and the other the lord lislyes horse-troops , slew foure hundred at the p●ssage of portnehint , possest by the rebels . s. patricke relieved the english in ballynekill , who were in great distresses for want of victuals , sending the eighty barrels of wheat and beere belonging to dempsey , a notorious rebell : all whose villages they burnt , especially the territory of clanmaleero . foure miles from athy at the bridge of magainy , were about seven thousand foot , and two hundred horse of the rebels , conducted ( as the prisoners taken told us ) by viscount mountgarrat , the lord viscount ikerin , the earle of care , the lord dunsane , the lord astry , the lord baron of dunbony , the baron of loghmoe , and most of the principall rebels , of the counties of wickloe , vvexford , catherlaugh , kildare , kilkenny , and queens county , who drew up part of their forces to pankardstown , neere grang mellon . by the directions of the lord generall , corner butler , and cornet magrah , were sent to discover the rebels , and their forces being understood to be so great , a councell of of warre was called , and it was debated what resolution was fittest to be taken . it was concluded , that two thousand foure hundred foot , and foure hundred horse should be raised against them , and put into this order of marching : first , cornet pollard , with thirty horse and forty firelocks , as a vantcurriers , and forlorne hope . then the baggage belonging to the horse . in the next place six troops of horse led by sir tho. lucas , comissary generall for the horse in two divisions . then followed the baggage of the foot vieres . next captain edmund matthew , the lord pillon , son to the earle of roscommon , the lord brabason , sonne to the earle of meath , sir robert farrer , collonell john barry , serjeant major john oagle , every one in the severall ranks and orders . then followed foure divisions of foot , each consisting of three hundred . the artillery and ammunition followed . then two troops of horse by sir richard greenvile , after him lievtenant devalier . and the lord ormund marched in the reere . on the left hand there lay of the rebels , the lord mountgarrat , earle of care , and colonell hugh birne : against them marched sir iohn sherlocke , lieutenant collonell of the lord lambarts regiment , lievtenant collonel lofins , serjeant major vvarren , serjant maior pageat , seriant maior vvilloughby and encountred very sharply with them , and slew three hundred and seventy rebels , and the rest fled . they have taken waterford , arkloo , washford , and some other towns , but we hope to recover them very suddenly . and when more happy fortune , and convenient successe shall be given us , i will transport the truth thereof unto you . in the meane time , i beseech you to accept the affectionate love of , from athy , may . . your most indulgent friend , john barry . the humble petition of the baronets , esquires , ministers , gentlemen , freeholders , and others peaceably affected in the county palatine of lancaster . shewing to your sacred majesty , ovr heart-breaking sense and sorrow for the unhappy rents and dstractions in your majesties dominions , especially in the session of so grave and godly an assembly , ( most graciously conveened by your majesty ) endeavouring the glory of almighty god in the reformation of religion , and the honour and weale of your majesty , and your realms , in setling and securing your royall throne in plenty & peace . but perceiving the long and remote distance of your majesty from that honourable assembly , to have distracted the hearts of your good subjects , and animated the popish and malignant party amongst us , and fearing it may expose us to the danger and fury of a forraigne foe , retard the setling of the weighty affaires in our land , and the subduing of the rebels in ireland ; and finding your majesties late resolution for that expedition , to threaten danger to your royall person , farre more worth then ten thousand of us . we therefore your majesties most loyall subjects out of our zeale to gods true religion , your majesties honour and safety , and the peace and welfare of your dominions ; and out of the deepe sense and apprehension of our interest in the same , do in all humility present and prostrate our selves , and supplication at your royall feet , beseeching your majesty to return to your great councell ( there presentative body of your kingdome ) in whom this nation hath so farre confided , that they have intrusted them with their lives , liberties ; and in which multitude of counsellours there is health and stedfastnesse , and whereby the royall throne may be established in righteousnesse , and we with the rest of your faithfull subjects shall continually praise and pray for your prosperous and happy raigne over us . at the court at , yorke the of may , . his majestie hath expressely commanded me to give you this his answer to your petition . that this petion , as some others of this nature is grounded upon mis-information , and being grieved and highly essended to see how his good people have been and are abused by the false rumors and intelligences , which have procured , causlesse feares and apprehensions , referres the petitioners to the answers hee hath given to the declaration presented to him at now market , and to the petition presented to him the . of march last at yorke , wherein his majesty saith , you will clearely perceive , that he is not gone , but driven from his parliament : his majesty likewise , for your further information of his proceedings and intentions , recommends to your view and consideration , his two messages , and declaration concerning hull , and his message touching the reasons of his refusall to grant the militia , all which , when they shall be fully represented to the rest of your county , he doubts not , but that you will rest very well satisfied of his consent and resolution for the maintaining of , and governing his people by the law of the land , his unmoveable resolution for the maintenance and defence of the true protestant profession , and the suppression of the barbarous irish rebellion , and his majesty saith , that he believes you may then finde reason to petition the parliament to comply with his majesties just desires , and gracious offers , which is the only way safely and speedily to cure , the present distractions of this kingdom , and with gods blessing to put a happy end to the irish rebellion : for the effecting whereof , as his maiesty hath often said , he will neither spare paines , nor decline any hazzard of his person or fortune . edward nicholas . finis . notes taken in short-hand of a speech in the house of lords on the debates of appointing a day for hearing dr. shirley's cause, octob. , shaftesbury, anthony ashley cooper, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) notes taken in short-hand of a speech in the house of lords on the debates of appointing a day for hearing dr. shirley's cause, octob. , shaftesbury, anthony ashley cooper, earl of, - . p. s.n., [london? : ] caption title. attributed to shaftesbury. cf. nuc pre- . place and date of publication from nuc pre- . reproduction of original in harvard university libraries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sherley, thomas, - . england and wales. -- parliament. -- house of lords. divine right of kings. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion notes taken in short-hand of a speech in the house of lords on the debates of appointing a day for hearing dr. shirley's cause , octob. . . my lords , our all is at stake , and therefore you must give me leave to speak freely before we part with it : my lord bishop of sarum is of opinion that we should rather appoint a day to consider what to do upon the petition , then to appoint a day of hearing : and my lord keeper ( for i may name them ) at a committee of the whole house , tells us in a very eloquent and studied language : that he will propose us a way far less lyable to exceptions , and much less offensive to our priviledges than that of appointing a day of hearing . and i beseech your lordships , did you not after all these fine words , expect some admirable proposals , but it ended in this ; that your lordships should appoint a day , nay a very long day , to consider what to do in it : and my lord hath undertaken to convince you , that this is the only course by several undenyable reasons . the first of which is , that it is against our judicature to hear this cause which is not proper for us , nor ought to be relieved by us . to this my lords give me leave to answer , that i did not expect from a man professing the law ; that after an answer by order of the court was put in , and a day had been appointed for hearing , which by some accident was set aside , and the plaintiff moving for a second day to be assigned ; that ever without hearing councel on both sides , the court did enter into the merits of the cause . and if your lordships should do it in a cause attended with the circumstances as this is , it would not only be an apparent injustice , but a plain subterfuge to avoid a point you durst not maintain . but my lords second reason speaks the matter more plainly , for it is because it is a doubtful case whether the commons have not priviledge ; therefore my lord would have you to appoint a further & very long day to consider of it , which indeed in plain english is , that your lordships would confess upon your own books that you conceive it on second thoughts a doubtful case , and that for no other reason , but because my lord keeper thinks it so , which i hope will not be a reason to prevail with your lordships , since you cannot yet by experience tell that his lordship is capable of thinking your lordships in the right in any matter against the judgment of the house of commons ; 't is so hard a thing even for the ablest man to change ill habits . but now my lords third reason is the most admirable of all , which he stiles unanswerable , ( viz. ) that your lordships are all convinced in your own conscience that this ( if prosecuted ) will cause a breach : i beseech your lordships to consider whether the argument thus applyed would not overthrow the law of nature and all the laws of right and property in the world ; for it is an argument , and a very good one , that you should not stand or insist on claims where you have not a clear right , or where the question is not of consequence and moment , in a matter that may produce a dangerous and pernicious breach between relations , persons or bodies-politick joyned in interests and high concerns together : so on the other hand , if the obstinacy of the parties in the wrong shall be made an unanswerable argument for the other party to recede and give up his just rights , how long shall the people keep their liberties , or the princes and governours of the world their prerogatives ? how long shall the husband maintain his dominion , or any man his property from his friends , or his neighbours obstinacy ? but my lords , when i hear my lord keeper open so eloquently the fatal consequence of a breach , i cannot forbear to fall into some admiration how it comes to pass ; that ( if the consequences be so fatal ) the kings ministers in the house of commons ; ( of which i am sure there are several that are of the cabinet , and have easie resort to his majesty , and have the direction and trust of his affairs ; ) i say that none of these should press these consequences there , or give the least stop in the career of that house in this business ; but that all the votes concerning this affair , nay , even that very vote that no appeal is cognoscible by the house of lords , should pass nemine contradicente , and yet all the great ministers here , yea bishops and other lords of greatest dependance on the court contend this point , as if it were pro aris & foris : i hear his majesty in scotland hath been pleased to declare against appeals in parliament . i cannot much blame the court if they think ( the lord keeper and judges being of the kings naming , and in his power to change ) that the justice of the nation is safe enough , and i my lords may think so too during this kings reign ; though i hear scotland ( not without reason ) complain already . yet how future princes may use this power , and how judges may be made , not men of ability or integrity , men of relation and dependance , who will do what they are commanded , and all mens causes come to be judged and estates disposed of as great men at court please , is to be considered . my lords , the constitution of our government hath provided better for us , and i can never believe so wise a body as the house of commons will prove that foolish woman that pluck'd down her house with her hands . my lords , i must presume to say something , to wit , what was offered by my lord bishop of sarum , a man of great learning and ability , and always versed in a stronger and closer way of reasoning then the business of the noble lord i answered before did accustom him to ; and that reverend prelate hath stated the matter very fairly upon two heads . . whether the hearing of causes and appeals , and especially in this point where the members have priviledge , be so material to us , that it ought not to give way to the reason of state of greater affairs that press us at this time . . if the business be of that moment , yet whether the appointing a day to consider of the petition would prove of that consequence and prejudice to our cause . my lords , to these give me leave in the first place to say that this matter is no less then your whole judicature , and your judicature is no less then the life and soul of the dignity of the peerage of england ; you will quickly grow burthensom , if you grow useless , you have now the greatest and most useful end of parliament principally in you , which is not to make new laws , but to redress grievances and to maintain the old land-marks . the house of commons business is to complain to your lordships to redress not only the complaints from them that are the eyes of the nation , but also other particular persons that address to you . a land may groan under a multitude of laws , and i believe ours does , and when laws grow so multiplied yearly , they oftner prove snares then the directions and security of the people : i look upon it as the ignorance and weakness of the latter age , if not worse , the effect of the designs of ill men , that it 's grown a general opinion , that when there is not a particular direction in some act of parliament the law i● defective , as if the common law had not provided much better , shorter and plainer for the peace and quiet of the nation , then intricate , long and perplexed statutes do , which has made work for the lawyers , given power to the judges , lessen'd your lordships power , and in a good measure unhinged the security of the people . my lord bishop tells you , your whole judicature is not in question , but only the priviledge of the house of commons , of their members not appearing at your bar. my lords , were it no more , yet that for justice and the peoples sake you ought not to part with , how far a priviledge of the house of commons , their servants and those they own doth extend , westminster-hall may with grief tell your lordships , they have neither presidents , nor reason , nor any justifiable pretence to shew against us ; and therefore my lords if you part with your undoubted right meerly for asking , where will their asking stop . and my lords , we are sure it doth not stop here , for they have already nemine contradicente voted against your lordships power of appeal from any court of equity , so that you may plainly see where the confusion and reason of state means to stop , not one jot of laying your whole judicature aside , for the reason of passing the kings money if not interrupting good laws , or whatever else , must of necessity avoid all breach upon what score soever . and your lordships plainly see the breach will be as well made upon our judicature in general , as upon this ; so that when your lordships have appointed a day , a very long day to consider whether dr. shirley's cause be not too hot to handle ; and when you have done the same for sir nicholas stoughton , whose petition i hear is coming in , your lordships must proceed to a vote to lay aside all private business for six weeks : for the phrase of private business had obtained this last age upon that which is your most publick duty and business , namely the administration of justice . and i can tell your lordships , besides the reason that leads to it , that i have some intelligence of desiring such a vote ; for on the second day of our sitting , at the rising of the lords house there came a gentleman into the lobby , belonging to a very great person , and asked in great haste , are the lords risen , have they passed the vote , and being asked what vote , he answer'd , the vote of no private business for six weeks . my lords , if this be your business , where are you ; if we are to post-pone our judicature for fear of offending the house of commons for six weeks , that they may in the interim pass the money and other acceptable bills that his majesty thinks of importance . are so many wise men of the house of commons so lull'd to pass all these so acceptable things , and when they have done to let us loose upon them , will they not remember this next time there is want of money , or may they not rather be assured by those ministers that are among them , and go on so unanimously with them , that the king is on their side in this controversy : and then i beg your lordships where are you , after you have but the last sessions asserted your rights of judicature so highly even in this point ; and after the house of com : had gone so high against you on the other hand , as to post their declaration and remonstrance on westm. hall doors : the very next session after you postpone the same causes , and not only those , but all judicatures whatever ; i beseech your lordships , will not this prove a fatal president and confession against your selves : 't is a maxime , and a rational one amongst lawyers , that one president where the case hath been contested , is worth a . where there hath been no contest . my lords , in saying this i humbly suppose i have given sufficient answer to my lord bishops two questions , for it is a plain confession that it is a thing never heard of before , for it is the very same case that you formerly ordered , and so strongly asserted , so that upon time and all the deliberation imaginable you declare yourselves doubtful , and you put your selves out of your own hands that power you have no reason to believe on your sides in this question . my lords , i have all the duty imaginable to his majesty , and should with all submission give way to any thing that he should think of importance to his affairs , but in this point it is to alter the government . if you are asked to lay this aside , yet there is no reason of state can be an argument to your lordships to turn yourselves out of that interest you have in the constitution of the government : it is not only your concern , but it is the concern of the poorest man in england , that you keep your station . it is your lordships concern , and that so highly , that i will be bold to say the king can give you no recompence for it . what are empty titles ? what is present power , or riches , or great estate , wherein i have no firm no fixed property ? 't is the constitution of the government , and maintaining it that secures your lordships , and every man else in what he has ; the poorest lord , if the birthright of the peerage be maintained , has a fair prospect before him for himself and his posterity , but the greatest power with greatest title and riches , is but a mean creature , and maintains those monarchies no otherwise then by servile and low flatteries , and upon uncertain terms . my lords , 't is not your interest , but the peoples that you maintain your rights , for let the house of commons and gentry of england think what they please , there is no prince that ever governs without a nobility or an army ; if you will not have one , you must have the other , or else the monarchy cannot long support it self from tumbling down into a democratical republick . your lordships and the people have the same cause , and the same enemies . my lord , would you be in favour with the king ; 't is a very ill way to it , to put your selves out of a future capacity to be considerable in his service . i do not find in story or modern experience , but that it is better , and a man is much more regarded that is still in a capacity and opportunity to serve , then he that hath wholly deprived himself of all for his princes sake . and therefore i declare i will serve my prince as a peer , but will not destroy the peerage to serve him . my lords , i have heard of twenty foolish models and expedients to secure the justice of the nation , and yet to take this right from your lordships : as the king by his commission to appoint commissioners to hear appeals , or that the twelve judges should be the persons , or that persons should be appointed by act of parliament , which are all not only to take away your lordships just right , which ought not to be altered any more than any other part of the government , but are in themselves when well weighed , ridiculous : i must deal freely with your lordships , these things could never have risen in mens minds , but that there has been some kind of provocation that has given the first rise of it . i pray your lordships forgive me if on this occasion i put you in mind of committe-dinners , and the scandal of it , those droves that attend all causes ; 't was come to that pass , that men even hired or borrowed of their friends handsom sisters or daughters to deliver their petitions , but yet for all this i must say that the judgments have been impartial unless in one or two causes , and those we owe most to that bench from whence now i apprehend most danger . there is one thing i have almost forgot to speak to , which is the conjuncture of time , the hinge on which our reason of state turns ; and to that give me leave to say , if this be not a time of leasure to vindicate your priviledges , you must never expect one ; i would almost say that the harmony , good agreement and concord that is to be prayed for at other times may be fatal to us now : we owe the peace of this last two years and disengagement from the french interest , to the two houses differing from the sense and opinion of white-hall : so as at this time the thing in the world this nation has most reason to apprehend is a general peace , which cannot now happen without very advantageous terms to the french , and disadvantageous to the house of austria . we are the kings great councellors , and if so , have right to differ , and give contrary councells to those few that are nearest about him : i fear they would advance a general peace , i am sure i would advise against it , and hinder it at this time by all the ways imaginable : i heartily wish nothing from you may add weight and reputation to those councellors who would assist the french : no money for ships , nor preparations you can make , nor personal assurance our king can have , can secure us from the french if they are at leisure ; he is grown too potent for us at sea , he has built ships this last year , and has . more in number then we ; besides the advantage , that our ships are all out of order , and his so exquisitely provided for , that every ship has its particular store-house , 't is incredible the money he hath , and is bestowing in making harbours , he makes nature it self give way to the vastness of his expence : and for all this shall a prince so wise , so intent upon his affairs , be thought to make these preparations to sail over land and fall on the back of hungary , or is it possible he should oversee his interest in seizing of ireland , a thing so seazable to him if he be master of the seas , ( as he certainly now is , ) and which when attained , gives him all the southern and mediteranean , east and west-india trade , and renders him both by scituation and excellent harbours master of the seas without dispute . my lords , i conclude this point , i fear the court of england is greatly mistaken in it , and i do not wish them the reputation of the concurrence of the kingdom , and this out of the most sincere loyalty to his majesty , and love to my nation . my lords , i have but one thing more to trouble you with , and that peradventure a consideration of the greatest weight and concern both to your lordships and the whole nation : i have often seen in this house that the arguments with the strongest reason and most convincing to the lay lords in general , have not had the same effect upon the bishops bench , but that they have unanimously gone against us in matters that many of us have thought essential and undoubted rights : and i consider that 't is not possible that men of great learning , piety and reason , ( as their lordships are , ) should not have the same care of doing right , and the same conviction what is right upon clear reason that is offered , which other your lordships have . and therefore my lords , i must necessarily think we differ in principles , and then 't is very easie to apprehend that the clearest sense to men of my principles may not at all perswade or affect the conscience of the best man of a different one . my principle is , that the king is king by law , and by the same law that a poor man enjoys his cottage , and also it becomes the concerns of every man in england that has but his liberty , to maintain and defend to his utmost the king in all his rights and prerogatives . my principle is also that the lords house and the judicature and right belonging to it , are an essential part of the government and established by the same law , the king governing and administring justice by his house of lords , and advising with both his houses of parliament in all important matters , is the government i own , am born under , and am obliged to . if ever there should happen in future ages ( which god forbid ) a king governing by an army without his parliament , 't is a government i own not , was not born under , nor am obliged to , and according to this principle , every honest man that holds it must endeavour equally to preserve the frame of the government in all the parts of it , and cannot satisfy his conscience to give up the rights of the lords house for the service of the crown , or to take away the just rights and priviledges of the commons to please the lords . but there is another principle got into the world my lords , that hath not been long there : for archbishop laud was the first author that i remember of it , and i cannot find that the jesuits , or indeed the papist clergy hath ever owned it , but some of the episcopal clergy of the british isles ; and as it 's new , so 't is withall the most dangerous and destructive doctrine to our government and law that ever was : 't is the first of the clamours published by the convocation in the year . that monarchy is of divine right . this doctrine was then preached up by sybthorpe and manwaringe , and others of later years , by books published by dr : sanderson bishop of lincoln under the name of archbishop vslter , and how much it is spread amongst our dignified clergy is very easily known . we all agree that the king and government is to be obeyed for conscience sake , and that the divine presence requires not only here , but in all parts of the world obedience to lawful governours . and that this family are our kings , and his particular frame of government is our lawful constitution , but obliges us in owning only the particular laws of our country . this laudean doctrine was the root that produced the bill of test last session , and some very perplexed oaths that are of the same nature with that end , yet imposed by several acts of parliament . in a word , if this doctrine be true , our magna charta is of no force , our laws are but rules amongst our selves during the kings pleasure ; monarchy if of divine right cannot be bounded or limitted by humane laws , nay what is more , cannot bind it self , and all our claimes of right by the law , or the constitution of the government , all the jurisdiction and priviledge of this house , all the rights and liberties of the house of commons , all the properties and liberties of the people are to give way not only to the interest , but the will and pleasure of the crown , and the best and worthiest of men holding this principle , must vote to deliver up all we have , not only when reason of state , but when the pleasure of the king will have it so . therefore my lords you see how necessarily it is that our principles be known , and how fatal to us all it is that this principle should be suffered to spread any further . my lords , to conclude , your lordships have seen of what consequence this is to you , that the appointing a day to consider is no less then declaring your selves doubtful upon second and deliberate thoughts , that you put your selves out of your own hands into a more then morally probability of having this session made a president against you , you see your duty to your selves and the people , and that 't is really not the interest of the people , but may be the inclination of the court that you loose the power of appeals : but i beg that our house may not be felo de se , but that your lordships in this affair will take the only course to preserve your selves , and appoint a day this day three weeks for the hearing of dr. shirley's cause , is my humble petition . the antient right of the commons of england asserted, or, a discourse proving by records and the best historians that the commons of england were ever an essential part of parliament by william petyt of the inner-temple, esq. petyt, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the antient right of the commons of england asserted, or, a discourse proving by records and the best historians that the commons of england were ever an essential part of parliament by william petyt of the inner-temple, esq. petyt, william, - . [ ], , p. printed for f. smith, t. bassett, j. wright, r. chiswell and s. heyrick, london : . english and latin. reproduction of original in union theological seminary library, new york. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons. constitutional history -- great britain. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the antient right of the commons of england asserted ; or , a discourse proving by records and the best historians , that the commons of england were ever an essential part of parliament . by william petyt of the inner-temple . esq . non nulli taedio investigandae veritatis cullibet opini●● potius igna●i succambunt , quàm explorandâ veritati pertinaci diligentiâ perseverare volunt . min. foelix . inter ●ericula veritatis & libertatis 〈◊〉 〈◊〉 . london , printed for f. smith , t. bassett , j. wright , r. chiswell , and s. heyrick , . to the right honourable arthur earl of essex , viscount maldon , baron capell of hadham , lord lieutenant of the county of hertford , one of his majesties most honourable privy-council , and first lord commissioner of his majesties treasury . my lord , there have been authors of modern times , who have in their writings , concerning the government of this kingdom , published to the world , that the commons of england ( as now phrased ) were no part of the antient commune concilium , or parliament of this nation , before the forty ninth year of h. . and then introduced by rebellion . a position when seriously weighed , equally wounds the peerage of england , since the same authors say , that there is no formal summons of the lords to parliament , found upon record before that time . after i had often considered so great a point , and having often read of the freedom of this nation , that no englishman could lose his right or property but by law , the life and soul of this so famous and so excellently constituted government , the best polity upon earth ( which when united in all its parts by prudent councils , made always the people happy at home in peace , and the crown ever victorious abroad in war ) i did resolve to take pains to search , if matters thus represented to the highest disadvantage and prejudice of the people of england , were true or false ; which i have industriously and impartially endeavoured , and hope with that clearness , that will evidence to all unbiassed judgments , the unsoundness of those opinions . when i had so done , being unwilling my labour should be to my self alone , and not to those who search after knowledge in these matters , to disabuse and prevent others from building upon such mistaken and dangerous foundations , i thought it not unseasonable to publish this discourse , wherein there is no record cited , but ( in my opinion ) equally asserts the right of the peers of this kingdom , as well as of the commons , and therefore have taken the boldness to send it into the world under your lordships protection , whom i know to be a great lover of truth , to which all mankind ought to pay allegiance . i should have had great satisfaction , if before it had been put to the press , it might have received your lordships judicious corrections and approbation , whose knowledge and industry in venerable antiquity , and all other useful learning , is well known unto the world. but this happiness i could not reasonably expect , your lordships time being so much taken up in the service of the crown , whereof your lordship is so eminent , and so great a pillar , as your honourable imployments both at home and abroad , do sufficiently demonstrate . i most humbly beg your lordships pardon for my presumption in this dedication , which fault i hope may be extenuated by the relation i have to your lordship in my profession , and being deprived of other means , publickly to shew my humble gratitude for the many favours your lordship has been pleased to confer upon , my lord , your lordships most humble , most faithful , and most obedient servant , w. petyt . the preface . my principal design in this following discourse , is impartially to vindicate the just honour of our english parliament from the calumnies and reproches of some late authors who have asserted , . that an essential part of that great council , viz. the commons of england , represented by the knights , citizens , and burgesses in parliament , were introduced and began an. h. . by rebellion . . that before that time the commons were never admitted to have any votes , or share in the making of laws for the government of the kingdom , nor to any communication in affairs of state. to discover and refute the unsoundness of the second position , and that the contrary may appear to be true , i shall before i come to answer the first , consider the second , and endeavour to prove , that during the brittish , saxon , and norman governments , the freemen or commons of england , as now called and distinguished from the great lords , were pars essentialis & constituens , an essential and constituent part of the wittena gemot , commune concilium , baronagium angliae , or parliament , in those ages . . under the brittish government . the brittons called their commune concilium , or parliament , kyfr-ythen then , because their laws were therein ordained ; and upon k. lucius his letter to pope elutherius , to send him the roman laws , the pope who could not be ignorant of the constitution and frame of the brittish polity , writes back to him , habetis penes vos in regno utramque paginam , ex illis dei gratia per concilium regni vestri sume legem , & per illam dei potentia vestrum rege britanniae regnum but what their laws and particular government were , is very uncertain , by reason that scripta patriae ( as gildas sayes ) scriptorumve monumenta ( si quae fuerint ) aut ignibus hostium exusta aut civium exulum classe longius deportata non comparent . the histories of our country ( if there were any ) are not to be found , being either burnt by the enemy , or carried beyond the seas by the banished brittons . yet this is certain , and not to be denied , that 〈◊〉 their elder time , the people or freemen , had a great share in their publick council and government . for dion cassius , or xipniline out of him in the life of severus assures us , apud hos i. e. britannos populus magna ex parte principatum tenet . . under the saxon government . it cannot be doubted but that the saxons who made themselves masters of the brittish nation , brought with them their country laws , and government ; and that the commons were an essential and constituent part of their commune concilium , tacitus tells us , de minoribus rebus principes consultant , de majoribus omnes , ita tamen ut ea quoque quorum penes plebem arbitrium est , apud principes praetractentur . after the saxon government became united and fixed under a sole christian monarch , they still continued and kept their antient wittena gemots , or parliaments , as now phrased , wherein they made laws and managed the great affairs of the king and kingdom , according to the plat-form of their ancestors . many authorities might be given to evidence this , i will instance in three or four . . then , we have that famous parliament summoned by king ethelbert , an. . which my author calls , commune concilium tam cleri quam populi . . about the year . king ina assembled a great council or parliament , wherein he made ecclesiastical laws concerning marriages , &c. and did other things , ad concordiam publicam promovendam per commune concilium & assensum omnium episcoporum , & principum , procerum , comitum & omnium sapientum seniorum & populorum totius regni . . and we read elsewhere , that the grand league and union between the brittons , saxons , and picts , was concluded and confirmed , per commune concilium & assensum omnium episcoporum , procerum , comitum & omnium sapientum seniorum & populorum & per praeceptum regis inae . . anno dom. . plegmundus cantuar. archiepiscopus unacum rege magnifico cognominato edwardo seniore concilium magnum episcoporum , abbatum , fidelium , procerum & populorum in provincia gewisorum ( in illa parte angliae quae in plaga australi sita est fluminis thamesis ) convocant , &c. unde salubriter constitutum est in hac synodo ut pro duobus episcopis quorum unus wintoniae , alter sireburniae sedem habuit , quinque crearentur antistites , ne grex domini pastorum cura orbatus luporum lanienae & voracitati subjicerentur ; and there were several other laws then made . william of malmsbury expresseth the saxon wittena gemott thus , generalis senatus & populi conventus & edictum . sir henry spelman : convenere regni principes tam episcopi quam magistratus liberique homines , consulitur de communi salute , de pace & bello & de utilitate publica promovenda . camden thus : quod saxones olim wittena gemot , nos parliamentum , & pananglicum recte dici possit , summamque & sacrosanctam authoritatem habet in legibus ferendis , confirmandis , antiquandis , interpretandis & in omnibus quae ad reipublicae salutem spectant . and so we find edward the confessor reforming and confirming the antient saxon laws , and making new ones , and that done à rege , baronibus & populo , as particularly in the law de apibus , how tythes ought to be paid of them , and other things . hence it is apparent and past all contradiction , that the commons in those ages were an essential part of the legislative power , in making and ordaining laws , by which themselves and their posterity were to be governed , and that the law was then the golden metwand and rule which measured out and allowed the prerogative of the prince and liberty of the subject , ( and when obstructed or denied to either , made the kingdom deformed and leprous . ) that great monarch aethelstan , in his prologue to his laws , made per commune concilium regni , thus declared and admitted ; ea mihi vos tantummodo comparatis velim quae juste ac legitime parare possitis . neque enim mihi ad vitae usum quicquam injuste acquiri cupiverim , etenim cum ea ego vobis lege vestra omnia benigne largitus sim , ut mea mihi vos itidem concedatis . i have past over the danish government , because i do not find that there was any great mutation , either of the council or laws of the english nation . it is true , king knute obtained the diadem or dominion of england ; but 't is as true he did not govern more victoris , as may evidently be proved , . from the form of penning his laws , they being ordained and confirmed , cum consilio & decreto archiepiscoporum , episcoporum , abbatum , comitum , aliorumque omnium fidelium , words of a large comprehension . . from his general law , or declaration of right to the english thus delivered to us by a faithful historian , william of malmesbury , who lived near those times . obtestor & praecipio meis consiliariis quibus regni consilia credidi , ne ullo modo aut propter meum timorem aut alicujus potentis personae favorem , aliquam injustitiam , amodò consentiant vel faciant pullulare in omni regno meo . praecipio etiam omnibus vicecomitibus & praepositis universis regni mei sicut meam volunt habere amicitiam aut suam salutem , ut nulli homini nec diviti vel pauperi vim injustam inferant , sed omnibus tam nobilibus quam ignobilibus sit fas justa lege potiundi , à qua nec propter favorem regium nec propter alicujus potentis personam , nec propter mihi congerendam pecuniam ullo modo deviant ; quia nulla mihi necessitas est , ut iniqua exactione pecunia mihi congeratur . after which the historian sayes : omnes enim leges ab antiquis regibus & maxime ab antecessore suo ethelredo latas sub interminatione regiae mulctae perpetuis temporibus observari praecepit , in quarum custodia etiam nunc tempore bonorum sub nomine regis edwardi juratur , non quod ille statuerit sed quod observaverit . . under the normans . king william the first . though william the conqueror got the imperial crown of england , and introduced several arbitrary laws , as new tenures , &c. yet did he never make such an absolute conquest , nor did the kingdom receive so universal a change , as our english modern authors ( as it were by a general consederacy , without examination of truth ) have published to the world , who father upon this revolution all the alterations which their conceits or fancies can imagine and suppose . thucydides saith , men receive the report of things , though of their own country , if done before their time , all alike , from one as from another , without any examination ; in like manner have those our historians been mistaken , by transcribing and patching out their histories one from another , so that in conclusion , with their own additions or comments , truth in many things is utterly lost . . the word conquestor or conqueror , did not in that age import or signifie what our late authors by flattery have since made it ; nor did it carry with it the enslaving of the nation , after that william had obtained the victory against harold , there being no more in the denomination of conqueror , than that after william had made claim to the crown from king edward the confessor , and harold opposed him , he was forced to get his right by battel against king harold ; and as to the word conquestus or conquest , mat. paris writes , rex angliae ex conquestu dicitur tamen , quod beatus edwardus , eo quod haerede caruit , regnum legavit willielmo bastardo duci normannorum . sir henry spelman in his glossary sayes , willielmus primus conquestor dicitur quia angliam conquisivit , i. e. acquisivit , purchased , non quod subegit . and sir john skene clerk of the register council , and rolls to king james in scotland , in his book , de verborum significatione , pag. . writes conquestus signifies lands quhilk ony person acquiris , and possessis privato jure , vel singulari titulo vel donatione vel singulari aliquo contractu . and therefore the learned knight , sir roger twi●den , who well understood the force of the word conquestus , in his preface before that kings laws , sayes , non existimo willielmum primum de omnium anglorum terris ad voluntatem suam & pro libitu in modum absolutae dominationis disposuisse . all which is most plain and justified infallibly by doomesday book , made in that kings reign , and in other subsequent records , where the title and claim of many common persons to their own and ancestors possessions , both in his time and in the time of the saxon kings , are clearly allowed ; but if king william had made an absolute and universal conquest of the realm in the modern sense , how could such titles have held , or who would or durst have made such claim , even against the king himself ? would he not have seized all into his own hands , and granted the conquered lands to others ? and his grant could not have been avoided by any englishman who had the inheritance and possession , and lived in peace before and at his coming in , and no title could be derived but from or under him , at least none could have been maintained against his grant. but that the contrary was true , will evidently appear if we consider , . that it is recorded in doomesday book , that king william had certain lands in demesne , viz. the lands which were in the hands of king edward , and entitled terrae edwardi regis , and other lands , which were forfeited to him by those who took part with harold , entitled terrae regis . . william the first having given away sharnborn in norfolk , to warren a great favourite , one of his normans ; edwinus de sharnborn , being an englishman , and true owner of the estate , demands his right in open court , before the king , upon this reason of law , that he never was against the king , either before or after he came in ; whereupon the king , vinculo juramenti astrictus , gave judgment of right against the norman , and sharnborn recovered the lordship . sir henry spelman out of an antient manuscript concerning the family of the sharnborns in norfolk , hath it thus . edwinus de sharborne & quidam alii qui ejecti fuerunt è terris suis , abierunt ad conquestorem & dixerunt ei quod nunquam ante conquestum , nec in conquestu nec post fuerunt contra ipsum regem in consilio & auxilio , sed tenuerunt se in pace . et hoc parati sunt probare quo modo ipse rex vellet ordinare . per quod idem rex fecit inquiri per totam angliam si ita fuit , quod quidem probatum fuit : propter quod idem rex praecepit ut omnes qui sic se tenuerunt in pace in forma praedicta , quod ipsi rehaberent omnes terras & dominationes suas adeo integre & in pace ut unquam habuerunt vel tenuerunt ante conquestum suum . this is cited almost as the only case or act of favour the conqueror did ; but that is a great mistake , for many other instances i could give of this nature , all acts of justice and right , as appears in doomesday book ; much more may be said upon this subject . i will only add the judicious assertion of a great lawyer and judge in edward the thirds time , admitted and agreed as a rule of law and truth , by the judges , and transmitted to posterity . le conqueror ( saith he ) ne vient pas pur ouster eux , qui avoient droiturell possession , mes de ouster eux que de lour tort avoient occupie ascun terre en desheritance del roy & son corone . it was spoken upon an objection made in a quo warranto against the abbot of peterborough , concerning a charter granted by king edgar to that abbey , which the kings council would have avoided upon this pretence for want of a better , because by the conquest all franchises were devolved and come to the crown . . king william claimed the english diadem , jure haereditario , from edward the confessor , which both his own laws , charters , and the charters of his two sons william and henry , do fully prove : there are some indeed that mention that he obtained the crown , ore gladii , but that must be understood quod jure belli contra harolaum ipse acquisivit , as a manuscript historian sayes . . he did not make an actual conquest by his arms ( when he came in ) of the fifth part of the nation , for the pope having sent him a consecrated banner , and a bull of excommunication against the bishops and clergy , if they opposed him in adhering to king harold , and he having got the victory at hastings , and the clergy with several of the nobility ( whom he had purchased to his part , both by money and great assurances of preferment and other advantages ) basely and treacherously deserting edgar etheling , a soft and weak prince , yet right heir to the crown ; at length upon williams declaring that he would confirm the laws of saint edward , he was electus à clero & populo , and with all the ceremonies and solemnities then in use , was crowned at westminster , the whole nation submitting to him . but hear what the historians of those times say . londoniam convenientibus francis & anglis ( ad nativitatem domini ) illisque omnibus concedentibus coronam totius angliae & dominationem suscepit . die ordinationi decreto locutus ad anglos condecenti sermone eborac . archiepiscopus sapiens , bonus , eloquens , an consentirent eum sibi dominum coronari inquisivit , protestati sunt hilarem consensum universi minime haesitantes , ac si coelitus unâ mente datâ unâque voce anglorum voluntati quam facillime normanni consonuerunt sermocinato apud eos a● sententiam percunctato à constantini praesule , sic electum consecravit archiepiscopus , imposuit ei diadema ipsumque regio solio , &c. ante altare s. petri apostoli coram ciero & populo jurejurando promittens se velle sanctas dei ecclesias & rectores illarum defendere necnon & cunctum populum sibi subjectum juste & regali providentia regere , rectam legem statuere & tenere , rapinas injustaque judicia penitus interdicere . exacto prius coram omni populo jurejurando quod se modeste erga subditos ageret & aequo jure anglos & francos tractaret . pursuant to all which , and to fix himself more sure in that his new-got chair of soveraignty , he by his magna charta , or great charter , grants and confirms the laws of edward the confessor . willielmus etiam rex cui sanctus edwardus regnum contùlit , leges ipsius sancti servandas esse concessit , saith sir henry spelman . but now we will set down a branch of the charter , which runs thus . volumus etiam ac firmiter praecipimus & concedimus ut omnes liberi homines totius monarchiae regni nostri praedicti habeant & teneant terras suas & possessiones suas bene & in pace , libere ab omni exactione injusta & ab omni tallagio . ita quod nihil ab eis exigatur vel capiatur nisi servitium suam liberum quod de jure nobis facere debent & facere tenentur & prout statutum est ets & illis à nobis datum & concessum jure haereditario imperpetuum per commune concilium t●tius regni nostri pr●di●●i . from all which it must necessarily be granted , . that this statute or law , was made per commune concilium totius regni . . the magna charta of w. . h. . king stephen , h. . and king john ( the last of which sayes , nullum scutag●um v●●●●●xilium ponam in regno nostro 〈◊〉 per commu●● co●silium regni ●●stri , the same in substa 〈…〉 with the great charter of william 〈◊〉 . ) was but 〈◊〉 resti●●●●on and declaration of the antient common law and right of the kingdom , and no law introduced de novo , or forced upon king john at running-mead , to the disinberison of the crown , and which by their several sacred coronation oaths they had so solemnly sworn inviolably to observe and keep . 't is true indeed king william the first gave away the estates of several of those who were in arms against him , to his adventurers and followers , but the rest of the english ( as well by his coronation oath , as by a solemn ratification of st. edwards laws in a parliament in his fourth year ) were to enjoy their estates and the benefit of those laws ; but that being not done in the general , and the english ( who declared à majoribus didicisse aut libertatem aut mortem ) being opprest by the king and normans , begun to be very uneasy under his government , so that things were brought , to that pass , that he vehemently feared , ne totum regnum turpiter amitteret etiam trucidatus ; to obviate which mischiess in the seventh year of his reign , ( for so i take it , ) by the policy of lanfrank archbishop of canterbury , serena facie vocavit eos , i. e. the english , ad pacem sed subdolam , who meeting at berkhamsted , post multos disceptationes , both parties came to a second-compact , and the king to give them satisfaction , reiterated his coronation oath , and swore upon the holy evangelists and reliques of st. alban , bonas & approbatas antiquas regni leges quas sancti & pii angliae reges ejus antecessores & maxime rex edwardus statuit , inviolabiliter observare , & sic pacificati ad propria laeti recesserunt . rex autem caute propositum suum pallians , perswaded many of the principal of the nobility and gentry to attend him into normandy , where civitatem quae cynomannis , & provinciam ad illam pertinentem maximo anglorum auxilio quos de anglia secum adduxerat , sibi subjugavit , the rest that remained here , he suddenly set upon apàrt , which he durst not attempt when united , multos eorum trucidando , exhaeredando & quamplures proscribendo , leges violans memoratas , & spoliatis anglis pro libitu ac sine judicio curiali depauperatis suos normannos in suorum hominum anglorum * natalium qui ipsum sponte sublimaverunt , provocationem , locupletavit . so that after this time , 't is plain , he bore a heavy hand upon the english , and increased his severity to acts of high injustice and barbarous cruelty , and so gave occasion to historians in future ages , to say , that when he came in , he totally subdued and crushed the nation , nobility , and gentry . yet notwithstanding the great power he took , we meet with some general councils or parliaments in his reign , whereby it appears , that the freemen or commons of england , were there , and had a share in making of laws ; for what could the promised restitution of the laws of edward the confessor signifie , if their wittena gemot , or parliament , the augustissimum anglicarum libertatum asylum & sacra anchora , was destroyed and broken ? for one of the fundamental and principal ends of parliaments , was for the redress of grievances , and easing the oppressions of the people . the mirror of justices , an antient and learned treatise of the law , saith , that parliaments were instituted , pur oyer & terminer les plaintes de tort de le roy , de la roigne & de lour infans , & de eux specialment de queux torts lun ne poet aver autrement common droit , to hear and determine the complaints of the wrongful acts of the king , the queen , and their children , and especially of those persons against whom the subject otherwise could not have common justice . and knighton ( one of our best historians ) writes , quod ex antiquo statuto & consuetudine laudabili & approbata , &c. that by an antient statute and custom , laudable and approved , which no man could deny ; the king was once in the year to convene his lords and commons to his court of parliament , as to the highest court of the whole realm . in qua omnis aequitas relucere deberet absque qualibet scrupulositate vel nota , tanquam sol in ascensu meridiei , ubi pauperes & divites pro refrigerio tranquilliratis & pacis & repulsione injuriarum refugium infallibile quaerere possent , ac etiam errata regni reformare & de statu & gubernatione regis & regni cum sapientiori concilio tractare ; ut inimici regis & regni intrinseci & hostes extrinseci destruantur & repellantur , qualiter quoque onera incumbentia regi & regno levius ad ediam communitatis supportari poterunt . in which court all equity ought to shine forth without the least cloud or shadow , like the sun in its meridian glory ; where poor and rich refreshed with peace and ease of their oppressions , may always find infallible and sure refuge and succour , the grievances of the kingdom redrest , and the state of the king and government of the realm debated with wiser councils , the domestick and foreign enemies of the king and kingdom destroy'd and repell'd , and to consider how the charges and burthens of both may be sustained with more ease to the people . but to return . an. d. . which was in the third and fourth year of william the i. at a general council , or parliament , lanfranc was chosen archbishop of canterbury , eligentibus eum senioribus ejusdem ecclesiae cum episcopis ac principibus clero & populo angliae in curia regis in assumptione sanctae mariae . another author relates it thus . rex mittens propter illum in normanniam fecit eum venire in angliam , cui consensu & consilio omnium baronum suorum omniumque episcoporum & abbatum totiusque populi angliae commisit ei dorobernensem ecclesiam . anno . the king summoned a general council , or parliament , at pinneden in kent , to examine and determine the great cause between lanfranc archbishop of canterbury , and odo bishop of bayeux , earl of kent , because the first , libertatem ecclesiae cantuariensis invaserat , yet judgment went for the archbishop , which mr. selden sayes , was confirmed totius regni assensu , or as eadmerus , stipulatione totius regni . in the fourteenth year of this king , at a general council , or parliament , held at westminster , the king by his charter confirmed the liberties of that church after he had subscribed his own name , with the sign of the cross , adding many of the great clergy and temporal nobility , instead of , cum multis aliis , hath these words , multis praeterea illustrissimis virorum personis & regum principibus diversi ordinis omissis qui similiter huic confirmationi piissimo affectu testes & fautores fuerunt . hii autem illo tempore à regia potestate diversis provinciis & urbibus ad universalem synodum pro causis cujustibet christianae ecclesiae audiendis & tractandis ad praescriptum celeberrimum synodum quod westmonasterium dicitur , convocati , &c. in the margine of the book i find writ this note , nota hic hos omnes convocari à rege sua auctoritate ad causas religionis tractandas tam nobiles de clero quam principes regni cum aliis inferioris gradus , conventio quorum videtur esse parliamentum . and in the year-book of e. . above . years since , in a case touching the exemption of the abbey of bury from the bishops of norwich , we have mention of a parliament held , en temps de w. conqueror à son parlement . king william the second . king william the first being dead , william his second son , then living , succeeded him in the kingdom ; who designing to prevent his elder brother robert of the crown , finding lanfranc archbishop of canterbury not altogether consenting with him therein , to the compleating his desire , and fearing lest the delay of his consecration might prejudice his desired honor , he begun by giving large gifts and rewards to the people , and as well by himself as all others whom he could engage , fide sacramentoque lanfranco promittere , by his faith and oath to promise unto lanfranc , si rex foret , justitiam , aequitatem & misericordiam se per totum regnum in omni negotio servaturum , he would in all actions observe and keep justice , equity , and mercy , through the whole kingdom ; that he would defend the peace , liberty , and safety of the church , against all men , and also , that he would in and through all things obey the precepts and counsels of the arch-prelate ; thereupon , in regem eligitur & consecratur . but not long after odo bishop of baiox , earl of kent , geffrey bishop of constance , robert earl of morton , roger earl of shrewsbury , and the greatest part of all the norman prelates and nobility in england , entred into a conspiracy to make robert king , and to deliver king william to his brother alive or dead ; and thereupon they took arms : the king hearing these things , and foreseeing his inevitable ruine if the english power did not preserve him , caused the english to be assembled together , and shewed them the treason of the normans , and intreats and begs them to help and defend him , upon this condition , that if they would be faithful to him in that his necessity and distress , he would grant them better laws which they should chuse , and would forbid or interdict all unjust scotts , taxes , or tallages , and grant to all persons their woods and hunting . upon which assurance and promise the english did faithfully assist him , and by thier power valiantly overthrew the normans , and preserved and fixed the crown upon williams head . but whatsoever he promised he kept but a short time , the words of the author are . his auditis rex fecit congregari anglos & ostendit eis traditionem normannorum & rogavit ut sibi auxilio essent , eo tenore ut si in hac necessitate sibi fideles existerent , meliorem legem quam vellent eligere eis concederet , & omnem injustum scott●m interdixit , & concessit omnibus sylvas suas & venationem . sed quicquid promisit , parvo tempore custodivit . angli tunc fideliter eum juvabant * . 't is therefore evident from hence , that william the second did not claim the crown jure gladii , by the power of the sword , nor did he affirm , that he had a despotical right to make or change laws , ad libitum suum sine assensu regni or parliament . and 't is a great observation to me , that from the pretended conquest to this day , i never read of any king of england that declared and publickly owned any such prerogative or right , but only that miserable and unfortunate prince richard the second , which the parliament roll thus expresseth . item , idem rex nolens justas leges & consuetudines regni sui servare seu protegere , sed secundum suae arbitrium voluntatis facere quicquid desideriis ejus occurreret , quandoque & frequentius quando sibi expositae & declaratae fuerant leges regni sui per justiciarios & alios de concilio suo & secundum leges illas petentibus justitiam exhiberet , dixit expresse vultu austero & protervo quod leges suae erant in ore suo & aliquotiens in pectore suo , & quod ipse solus possit mutare & condere leges regni sui ; & opinione illa seductus quampluribus de ligeis suis justitiam fieri non permisit , sed per minas & terrores quamplures à prosecutione communis justitiae cessare coegit . but far different were the sentiments and judgment of his grandfather great edward the third , who tells us : because , that by divers complaints made to us , we have perceived that the law of the land , which we by our oath are bound to maintain , is the less well kept , and the execution of the same disturbed many times by maintenance and procurement , as well in the court as in the country ; we greatly moved of conscience in this matter , and for this cause desiring as much for the pleasure of god , and ease and quietness of our subjects , as to our conscience , and for to save and keep our said oath , we have ordained , &c. and wise king james saith , that not only the royal prerogative , but the peoples security of lands , livings , and priviledges , were preserved and maintained by the antient fundamental laws , priviledges , and customs of this realm , and that by the abolishing or altering of them , it was impossible but that present confusion will fall upon the whole state and frame of this kingdom . and his late majesty of ever blessed memory , was of the same mind and opinion , when he said , the law is the inheritance of every subject , and the only security he can have for his life , or estate , and the which being neglected or dis-esteemed ( under what specious shew soever ) a great measure of infelicity , if not an irreparable confusion , must without doubt fall upon them . henry the first . after the death of king william , the magnates angliae , not knowing what was become of robert duke of normandy , eldest brother of the deceased king ( the said duke having been absent for five years in a voyage to the holy land ) were afraid to be long without a king , which henricus fratrum ultimus & juvenis sapientissimus cum callide cognovisset , congregato londoniis clero angliae & populo universo promisit emendationem legum quibus oppressa fuit anglia tempore patris sui & fratris nuper defuncti , ut animos omnium in sui promotionem accenderet & amorem , ut illum in regem susciperent & patronum ; to which it was generally answered , that if he with a willing mind would grant , and by his charter confirm to them , illas libertates & consuetudines antiquas , which their ancestors enjoyed in the time of edward the confessor , in ipsum consentirent & in regem unanimiter consecrarent . henry willingly granted this , and taking an oath , that he would perform it , consecratus est in regem , at westm. upon lady day , favente clero & populo , and so forthwith he was crowned by maurice bishop of london and thomas archbishop of york . after such his coronation , he granted and confirmed to the nation , for the advancement of holy church , and preservation of the peace of his people , a charter of their antient liberties . the charter the reader may find in that industrious revivor , and restorer of decayed and forgotten antiquities , mr. lambard , as also in matth. paris . where it appears , that the archbishops , bishops , barons , earls , vicounts , or sheriffs , & optimates totius regni angliae , were witnesses to the charter . and that at the coronation of the king , those laws were made , de communi consilio & assensu baronum regni angliae , by the common advice and assent of the barons of england . it being usual in succeeding ages , at the coronations of our english kings , to confirm , make , and ordain laws , de assensu baronum regni , per commune concilium regni , or parliament . i shall from hence observe two things . . that these laws were granted and confirmed , assensu baronum regni , or baronagii angliae , there being a clear difference between barones regis , and barones regni , as appears in the very bowels of those laws and elsewhere ; for the k. saith , si quis baronum nostrorum , &c. but who were comprehended under those first phrases , mr. camden will tell us , nomine baronagii angliae omnes quodammodo regni ordines continentur , and so the commons as we now call them , were there and assented to those laws . . clero & populo universo angliae congregatis . we read king stephen assensu cleri & populi in regem angliae electus , & per dominum papam confirmatus , h. . congregato clero & populo regni , or as fitz-stephens , generali concilio , the king made the assise or statute of clarendon , which council the learned selden calls a full parliament . king john was crowned mediante tam cleri quam populi unanimi consensu & favore . anno h. . per providentiam cardinalis , meaning the popes legate , apud kenilworth clerus & populus convocantur , which the patent roll of that year thus confirms . the king a le request de honourable pier sire ottobon legat d'engleterre son parlement eust sommons à kenilworth ; where the statute or dictum de kenilworth , was made between the king and his communante , or parlement . rex primo , postmodum clerus & populus juraverunt quod dictum inviolabiliter observarent . thus have i at length , i hope , fully ascertained and explained the historians phrase , clerus & populus , and proved it to be a parliament from the pat. roll of h. . yet i do not think that the lords temporal only were the populus , nor the lords spiritual the clerus ; for i agree with dr. heylyn , that there is no record , either of history or law ( which i have observed ) in which the word clerus serves to signifie the archbishops , and bishops , exclusive of the other clergy , or any writing whatsoever , wherein it doth not either signifie the whole clergy generally , or the inferior clergy only , exclusive of the archbishops , bishops , and other prelates ; and 't is my opinion as far as i can find , that the word populus following clerus , was , thema universale in significando , and comprehended as well the commons as the lords , and indeed the subject matter of the historians speaks it . william the second , henry the first , king stephen , and king john , were to be elected and created kings of england , having no hereditary right , 't was but reasonable then , and according to the laws and precedents of other countries in like cases , quod omnes tangit ab omnibus approbari debet , and so was the solemn resolution of both lords and commons in the parliament , e. . that neither king john , nor any other , could put the realm or people of england into subjection , sanz assent de eux , without their assent , or as the parliament h. . declared , sine assensu regni , or as malmesbury says , in vita willielmi primi , absque generali senatus & populi conventu & edicto . but now to close the reign of henry the first , i will out of that excellent historian matthew paris transcribe the oration , or speech of that king to the common council or parliament , in the seventh year of his reign , his elder brother robert duke of normandy , then claiming the crown of england , and ready to invade this nation with a great force ; the speech of the king , the learned monk thus delivers to us . magnatibus igitur regni ob hoc londoniam edicto regio convocatis rex talibus alloquiis mel & favum oleumque mellitis & mollitis blandiens dixit : amici & fideles mei indigenae ac naturales , nostis veraci sama referente , qualiter frater meus robertus electus & per deum vocatus ad regnum hierosolymitanum foeliciter gubernandum , & quam frontosè illud infoeliciter refutaverit , merito propterea à deo reprobandus . nostis etiam in multis aliis superbiam & ferocitatem illius ; quia vir bellicosus , pacis impatiens est , vosque scienter quasi contemptibiles & quos desides vocat & glutones conculcare desiderat . ego vero rex humilis & pacificus vos in pace in antiquis vestris libertatibus , prout crebrius jurejur ando promisi , gestio confovere , & vestris inclinando consiliis consultius ac mitius more mansueti principis sapienter gubernare , & super his ( si provideritis ) scripta subarata roborate & iteratis juramentis praedicta certissime confirmare , omnia videlicer quae sanctus rex edwardus deo inspirante providè sancivit inviolabiliter jubeo observari , ut mecum fideliter stantes fratris mei immò & mei & totius regni angliae hostis cruentissimi injurias potenter , animose ac voluntarie propulsetis . si enim fortitudine anglorum roborer , inanes normannorum minas nequaquam censeo formidandas . talibus igitur promissis , quae tamen in fine impudenter violavit , omnium corda sibi inclinavit , ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent . this speech to me is another strong confirmation and argument against the norman conquest , for 't is luce clarius , . that king henry the first did not pretend to hold the crown jure victoris . . that the english were not totally subdued and destroyed by his father william the first . . that the son ( as well as the father ) had several times solemnly sworn to the inviolable observance of the laws of st. edward or of the saxon government . . king henry does not depend on the normans that came in with his father , no , it was upon the english common council , or parliament ; nor did he call them vassels and slaves , but amici & fideles mei naturales , in them he fixt his only hope and assurance , both for their fidelity and courage , and believed that they would ( as indeed they did ) preserve and defend his crown and life against the great power and policy of his and the kingdoms most bloudy enemies , who were ready to invade both with a mighty army ; it being then prudentially and politickly resolved unanimously in parliament , not to permit , or suffer the duke to land here , but to fight him in his own country , which the english then did ( forty years after the coming in of william the first ) and at one battle not only totally conquered and overthrew the normans , but took robert their duke prisoner , and thereby put a period to the dangers and fears of king henry the first , and in despite of the french power , set the ducal crown of normandy upon the head of king henry an english-man : and after robert had remained for some time in prison , at last to conclude the catastrophe of his unhappy life , he had his eyes burnt out of his head , and so by a sad fate left all to the english king. from all which authorities and reasons , under correction , it is sufficiently evidenced , that in the brittish , saxon , and norman governments , the commons ( as we now phrase them , ) had votes , and a share in the making and enacting of laws for the government of the kingdom , and that they were an essential part of the commune concilium regni , wittena gemot , or parliament , before and after the supposed conquest by king william the first . having thus concluded my preface , i shall now diligently apply my self to discuss that grand point touching the introduction of the commons into our great council , or parliament , as represented by the knights , citizens , and burgesses , being indeed the principal work i intended , and was finished before this preface ; the difficulty of which cannot be well judged of but by those who have undertaken subjects of like intricacy ; for i have at a great charge , and expence of time , and without any mans assistance or help , out of the dark and neglected paths of antiquity , endeavoured to make truth publick and general , and ( with submission ) i hope it will appear , that i have rescued from the force and power of a dangerous growing errour , the just and ancient rights and priviledges of our ancestors , in a matter of the highest moment and concern , which is impartially debated in the ensuing discourse ; a subject , whereof ( to the best of my knowledge ) no author hitherto hath so particularly treated . a discourse wherein is proved , that the commons of england were an essential part of the parliament before the th of hen. . several great and learned authors of our age having in their works and writings frequently published , and asserted to the world this position as an unquestionable truth , that the commons in parliament ( as distinguished from the lords ) compounded of knights , citizens , and burgesses , had their first birth and beginning by rebellion , an. h. . and that too after the battle of lewes , when the barons had the king and prince in their power as prisoners , and exercised regal authority in his name : the consideration and consequents thereof raised in my mind a great desire seriously and impartially to enquire into so important a point of antiquity ; and the better to satisfie both my own judgment , and the judgments of some of my friends , i have run over many records , and historians , both ancient and modern , in print and manuscript , but cannot find any authority or reason to give a colour to so harsh an assertion . i shall therefore , under an humble submission to so eminent antiquaries , endeavour to disprove this notion of h. . by these following arguments . . from the claim and prescription of the borough of s t albans in the parliament of e. . to send two burgesses to all parliaments , sicut caeteri burgenses regni totis retroactis temporibus , in the times of e. . and his progenitors ; if so , then in the time of king john grandfather to e. . and so before h. . . from records an o o johannis regis , wherein the citizens and burgesses ( not so numerous then as after , and now ) together with the earls , barons , & magnates angliae , were to give consilium & auxilium ad honorem regis & suum & statum regni , who shortly after met at london , convocatum parliamentum de toto clero , & tota secta laicali , and so within the express prescription of the borough of st. albans . . from the solemn resolution and great judgment of both lords and commons in the parliament of e. . against the pope , that if king john had an o o of his reign ( which was three years before the granting of his magna charta ) made the kingdom tributary to the pope , he had done it sanz lour assent , which must be understood to be without the consent of the lords and commons , and therefore void . . from several records , inter alia , de annis , , , , h. . mentioning parliaments then held , and their proceedings , in some of which the word commons is expresly mentioned , as well as the prelates , and magnates , to be part of those parliaments . . from an act of parliament h. . that famous prince , where it is declared and admitted , that the commons of the land were ever a part of the parliament , and so consequently were part of the parliaments annis , johannis , , , , , h. . all within the prescription of the borough of st. albans . . from the form of penning of acts of parliament , and expressions in records in , , h. . when it is granted that the commons were a part of the legislative power , which agree with the phrases of records of acts of parliament before that time . . from the defect and loss of the parliament rolls of h. . and e. . and from the universal silence of all records , and our antient historians contemporary and succeeding h. . till our days . . from the various opinions of learned men , in and since h. . time , who never dreamed of any such origine , nor was ever heard of , till of late . . from comparing of the ancient generale concilium , or parliament of ireland , instanced an o h. . with ours in england , wherein the citizens and burgesses were , which was eleven years before the pretended beginning of the commons in england . the first argument . from the claim and prescription of the borough of st. albans , in the parliament of e. . to send two burgesses to all parliaments , sicut caeteri burgenses regni totis reretroactis temporibus , in the times of e. . and his progenitours , if so , then in the time of king john grandfather to e. . and so before h. . . the burgesses of st. albans in their petition to king e. . an o o say , that they , sicut ●●eteri burgenses regni ad parliamentum regis ( when it should happen to be summoned ) per duos comburgenses suos venire debeant , prout totis retroactis temporibus venire consueverunt , tam tempore domini ed. nuper regis angliae patris regis , as well in the time of e. . the kings father , & progenitorum suorum , as in the time of e. . semper ante instans parliamentum , and declared that the names of such burgesses coming to parliament were always inrolled in the rolls of the chancery ; notwithstanding all which the sheriff of hartford at the procuration and favour of the abbot of st. albans and his council , refused burgenses praedictos praemunire , seu nomina eorum retornare prout ad ipsum pertinuit , &c. and therefore they pray remedy . respons . scrutentur rotuli , &c. de cancellaria , si temporibus progenitorum regis burgenses praedicti solebant venire vel non ? & tunc fiat eis super hoc justitia vocatis evocandis si necesse suerit . i do not think there needs much enforcing this record , since the prescription of sending duos comburgenses ad parliamentum regis , sicut caeteri burgenses regni did , is , that they and their predecessors were always accustomed to send two burgesses to parliament in all former ages , not only in the time of e. . but his progenitors ; therefore in king johns time , his grandfather at least , and so before h. . and though the answer to the petition , which in that age was given in parliament ( per concilium , or all the judges of england , and others the kings learned council ) say , scrutentur rotuli , si temporibus progenitorum regis ( which may go to the whole reign of king john , as before ) burgenses praedicti solebant venire , vel non ; yet that grave and wise council do not in the least scruple , but clearly admit and confirm the general prescription , that there were boroughs that sent burgesses to parliament , temporibus e. . & progenitorum suorum , which goes higher than h. . his father ; and it cannot in common reason be supposed , much less believed , that the burgesses of s t albans , or the lawyer or pen-man of the petition , should dare to tell the king and learned council , in the face of a parliament , a novelty so great and ridiculous , and that recorded to posterity by the council , that they and their predecessors , in the time of e. . and his progenitors , had sent two burgesses to every parliament , when all the world then knew ( if the modern opinion be true ) that there was never any election of any burgesses to parliament before the h. . which was but . years before e. . and at the time of the petition fresh in their own memories . no , surely the burgesses of s t albans did not ground their petition of right upon a general allegation , or an affirmation in nubibus ; but the justice and certainty of their claim , as they themselves very well knew , so they prayed it might be examined and tried by uncontroulable witnesses , records , the rolls of chancery . the chancellor and the rest of the council , did no less know there were such rolls , and therefore order the search ; but if the petition had been notoriously false and idle , instead of recording it to future ages , they would with contempt and scorn have rejected it , nor would the great abbot of s t albans , his council , and the sheriff of hertford , against whom the petition was exhibited , have been wanting in their own defence , to have shewed and proved that this antient prescription was a meer chimaera , and fable ; no , they all were well satisfied , that the borough had sent two burgesses to every parliament , in the time of e. . and his progenitors , and therefore it was in vain to oppose or contradict their just and antient right , according to their prescription ; all which appears clearly by this , that both before the time of the petition , and ever since , they have sent two burgesses to every parliament . the second argument . from records an. johannis regis , wherein the citizens and burgesses , ( not so numerous then as after , and now , together with the earls , barons , & magnates angliae , ) were to give consilium & auxilium ad honorem regis & suum & statum regni , who shortly after met at london , convocatum parliamentum de toto clero & tota secta laicali , and so within the express prescription of the borough of s. albans . i am not ignorant that some have dated the origine of the commons being a part of the parliament , from the parliament of runningmead , o reg. joh. it may therefore be worth our pains to observe this great record following , and to consider whether from thence may not be proved this conclusion : that 〈◊〉 great cities and boro 〈…〉 s of the ●ingdom ( not so 〈…〉 merous then as after and now ) in the o of king john , before the granting of his magna charta , or 〈◊〉 confirming the antient laws in his th year , at runningmead , did send their proxies and representatives , to the commune concilium regni , or parliament ; for it cannot be supposed in reason , that every individual citizen and burgess could come , no more than every parson of a parish to a convocation , or to a meeting of the whole clergy of england . the record saith , that the king being in partibus transmarinis , writes majori & baronibus london . majori & probis hominibus winton . northampt. lincoln . ebor. oxon. glouc. heref. exon. worcestr . cantebr . hunt. bristol . norwich . and all the great boroughs of the demesnes of the king , giving them account of his proceedings and successes in his war against the french , and that the pope had by his letters released the interdict , under which the kingdom then lay , which the king had then sent to peter bishop of winton , chief justice of england ; and therefore desired that they would believe what the bishop should speak to them , that consilium & auxilium vestrum ad honorem nostrum & vestrum & statum regni nostri in melius communicandum efficaciter super hoc apponatis , and that majori festinatione expediretur , teste apud rupellam o die martii . in the same manner he writ to william earl marshal , and to all the earls , barons , & magnatibus angliae , &c. teste apud rupellam o die martii . in order therefore to our proof of a parliament from these records , let us make two observations . . negative . . affirmative . though the writ be general , and mentions not any time or place for meeting or coming to parliament , or the great council ( the king referring that i suppose to his regent or chief justice here ) yet it cannot be intended that peter bishop of winchester , being then chief justice of england , should go from county to county , city to city , borough to borough , or as our church-wardens do , from house to house , rogare consilium & auxilium ( the proper business of a parliament ) to desire and entreat for their counsel and aid , for the honour of the king , their own , & statum regni , and the safety of the whole kingdom ; surely that had been an imployment fitter for the wandring jew , or johannes de temporibus ; and such counsel must needs have been of a very different and various nature , and both agreeing very ill with the words majori festinatione , and urgency of the contents of the writs . let us then enquire what were the effects and consequents of these writs , and that brings me to the second observation . king john began his reign o aprilis , the writs bear date o & o martii , which was the close of an. o. it may be the winds were very cross , or for some other reason the letters might not so speedily be brought over , or published here , or after the summons there might be above forty days before they met . but sure it is , in the beginning of july , ( after that march ) being the sixteenth year of his reign , we find : nicholaus tusculanensis episcopus & apostolicae sedis legatus per nuntios memoratos domini papae authenticum acceperat . rex anglorum erat in partibus transmarinis , sed quoniam idem rex in recessu suo ab anglia legato jam dicto & willielmo marescallo vices suas in hoc negotio commiserat , idem legatus in urbe londinensi apud sanctum paulum grande congregavit concilium , ubi congregatis archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , & aliis ad hoc negotium interdicti ( the very business of the writs ) spectantibus proposuit coram omnibus formam restitutionis . and the great selden the honour of the inner-temple , or rather as the learned grotius , honos britanniae , to drive the nail home , saith , but we know by what is already shewed , that divers former parliaments were in this kings time ( meaning before the granting of his magna charta , an. joh. ) though the laws made in them be lost . and in the year before the charter also ( which was an. joh. ) the author of eulogium sayes , that convocatum est parliamentum londoniis praesidente archiepiscopo cum toto clero & tota secta laicali , wherein per domini papae praeceptum illa obligatio quam rex domino papae fecerat cum fidelitate & homagio relaxatur omnino , vii ' die julii . having thus proved a parliament in the th of king john , and that the citizens and burgesses had their summons to it , which is remarkable by a writ particular and distinct from that of the lords , viz. the earls , barons , & magnates angliae , i will conclude this argument with the statute of r. . cap. . where it is enacted by the assent of the prelates , lords and commons , that all and singular persons and communalties , ( be he archbishop , abbot , prior , earl , baron , &c. ) which should have a summons to parliament , should come from thenceforth to the parliaments in the manner as they were bounden to do , and had been accustomed within the realm of england of old times ; and if they did absent themselves , and came not , he and they should be amerced , or otherwise punished according as of old times had been accustomed to be done : from hence i shall observe , . that there were summons to parliament of old times , as well to the commonalties , that is , the citizens and burgesses ; as to the archbishops , bishops , abbots , priors , earls and barons ; and so the statute may seem to affirm the prescription of s t albans , that saith , that they had sent duos comburgenses sicut caeteri burgenses regni did to every parliament totis retroactis temporibus before e. . and his progenitors . . that the phrase of old times is in point of prescription and antiquity applied equally , and without distinction or limitation , as well to the great lords , as commons ; but if the first had of old times , as our modern authors write , been the only constituent parts of the parliament , it might in reason and prudence be thought , they would not have consented to have admitted that summons to parliament ; for the commons was coeval with theirs ; nor would they have ratified and confirmed by a solemn act the protestation or declaration of right of the commons of england in the parliament , h. . n. . that the commons had ever been a member of the parliament , and that no statute or law could be made without their assent . . that if the lords and commons absented themselves , and came not to parliament , they should be amerced , or otherwise punished as of old times had been accustomed to be done ; this branch plainly agrees , . with the modus tenendi parliamentum , written as m r selden saith tempore e. . that the first day the burgesses and citizens should be called , and if they did not come , they should be amerced ; and so m r prynn mistakes in his animadversions , when he saith , that no absent lord was fined before h. . . it appears , ex vi terminorum , of old times it had been so accustomed to be done ; that this prescription may well be applyed to the parliament of joh. and long before ; for the statute of magna charta , of that king , saith , civitas london habeat omnes libertates suas antiquas ; by force and vertue of which word , antiquas , their old or ancient liberties and customs ( not only confirmed by the magna charta of william the first , but used even in the saxon times , and before ) were in parliament ratified and confirmed . the third argument . from the solemn and great judgment of both lords and commons in the parliament of e. . against the pope , that if king john had an. . of his reign , which was three years before the granting of his magna charta , made the kingdom tributary to the pope , he had done it sanz lour assent , which must be understood to be without the consent of the lords and commons , and therefore void . king john an. . of his reign made himself and crown tributary to the pope . but anno e. . the prelats , dukes , counts , barons , and commons ; upon their full deliberation in parliament , resolved with one accord , that neither the king , nor any other , could put the realm nor people thereof into such subjection , sanz assent de eux , without their assent , viz. as well of the commons , as of the lords : and that it appeared by many evidences , that if he had so done , it was done sanz lour assent , and contrary to the coronation oath . and if the pope attempted any thing against either ( having at the instance and sollicitation of the french king , threatned to interdict or out-law both ) king and kingdom ; they would oppose and resist him , ove tout lour puissance . the observations i shall make from this great judgment shall be two . . that above . years ago , there was not the least scruple or fancy , that the commons of england , of which the citizens and burgesses were then undoubtedly a part , ought not , and were not to be present in the commune concilium regni , or parliament of king johns reign , and to have assented to that kings resignation , an. . to make it legal and valid , as well as the prelates , earls , and barons . . if the commons had never been a part of the parliament before h. . but that the king and great lords only made laws , and had an inherent power ( as some of our modern writers say ) to tax the whole kingdom , de alto & basso ad libitum suum jure repraesentationis ; surely they would not have left recorded to posterity so great a testimonial of the antiquity and right of the commons of england ( then so distinguished from the great lords ) as is expressed in the roll : may it not then be admitted they spoke nothing but what was an undisputable truth , in diebus illis , unless we must believe , that the great and learned authors of this age , better understand the constituent parts of the communia concilia , or parliaments of king johns time ( and so upward ) above . years since , than the whole parliament of e. . the parliaments of their grand-fathers time , as was the reign of king john. and indeed this famous resolution was no other than a declaration of the antient common law of the land before the norman duke gained the imperial crown of england , as appears by king harolds answer to his ambassadors , requiring the performance of the kings oath to take the dukes daughter to wife , and to preserve the crown for him . de regno addebat praesumptuosum fuisse , quod absque generali senatus & populi conventu & edicto alienam illi haereditatem juraverit which is recorded by william of malmsbury , lib. . p. . l. . in vita williemi i. an author without all exception , who flourished in the time of h. . and therefore could not be ignorant where and in whom the legislative power of england did reside , there being but . years from the coming in of the norman duke till the reign of that king , and of this historian the learned balaeus gives this eulogium , vir erat suo seculo in omni genere bonarum literarum plene eruditissimus , & in eruendis antiquitatibus ingenio , diligentia & industria singularis angliae nostrae nationis studosissimus illustrator . upon the death of arthur duke of bretaign , the annals of england tell us , that king john was summoned by the french king , as duke of normandy to appear at his court , and judicially to answer the pretended murder of arthur his nephew ; whereupon the bishop of ely , and hubert de burgo , after earl of kent , and chief justice of england , nuntii solemnes & prudentes , were sent to the french king , to whom the bishop thus spake , domine rex non possit dux normanniae ad curiam vestram venire , nisi veniret rex angliae , cum una persona sint dux & rex . quod non permitteret aliquo modo baronagium angliae , etsi ipse rex hoc vellet . so careful was the baronage or parliament to preserve the antient rights , safety , and honour of the king and kingdom , an. joh. before any difference happened between him and his subjects . anno e. . the king sent ambassadors to the french king , ut quid de truga , de guerra , & de pace deliberasset , nunciaret , and was answered , se non posse sine duodecim paribus qui occupati fuerunt circa novam guerram tam ardua tractare , but that he expected their coming in fifteen daies . quo tempore transacto , ipsis consentientibus , they declare that they could not determine thereof , inconsultis secum scotis . whereupon those ambassadors returned . igitur convocato parliamento londoniis , recitatisque frustratoriis dilationibus & falsis machinationibus praedictorum , ambassadors were again sent , and received this answer : quod rex angliae adveniret personaliter , & inter duos reges de optima pace conveniretur : whereupon the king of england , aliud habuit parliamentum , in quo talia recitata displicuerunt , & ex totius regni concilio ( or parliament ) definitum est , regem pro aliquo mandato vel suggestionibus ab anglia egredi non debere . from what hath been said , the reader may easily observe , . that the weighty and great affairs which concerned the king and kingdom , both in the saxons time , and after , were by a fundamental principle and law of the nation to be consulted of , and resolved in the communia concilia , or parliaments , and that no particular person or order of men did take upon them such power , sine consensu regni : and this h. . and his council well knew , when he told otto the popes nuntio , quod solus non potuit definire , nec debuit negotium , quod omnes cleri●os & lai●os generaliter totius regni tangebat , which e. . and his council in the th year of his reign thus confirms , quod omnes tangit , ab omnibus approbetur . . that the generalis senatus , & populi conventus , & edictum , or saxon wittena gemott , the baronagium angliae , in king johns time , and the concilium regni , or parliamentum , in the reign of e. . were verba synonyma , differing in phrase , but one and the same assembly in substance . the fourth argument . from several records , inter alia de annis , , ● , , & h. . mentioning parliaments then held , and their proceedings , in some of w 〈…〉 the word commons are expresly mentioned , as well as the prelates & magnates , to be part of those parliaments . the general council at runningmead , held j●● . is . years after , and . years before h. . called parliamentum de runemed . memorandum quod in parliamento a die pasch. in tres septimanas anno regni regis h. . . london celebrato negotium crucis in anglia una cum collectione decimae benefi●●●rum ecclesias●●corum domino regi in subsidium terrae sanctae à sede apostolica deputat . was treated of . an utlary against william de hastingcott , was reversed , and he restored to all he had lost thereby , and this done coram rege & toto parliamento . inter communia hilar. e. . penes rememoratorem domini regis in scaccario , it appears in a plea between the king and the prior of coventry , that & h. . quaedam subsidia per magnates & communitatem regni spontanea & mera voluntate regi concessa ( or as bracton phraseth it , ex consensu communi totius regui , being one and the same with magnates & communitas , ) towards the marrying of the kings eldest daughter , and also the kings sister to frederick the emperour , which was done in parliament ; for the close roll of that year tells us of a parliament , consideratum fuit in curia nostra & toto parliamento nostro , &c. in a parliament h. . ( for so mat. westm. calls it , pag. . ) rex , magnates & communitas populi protestantur publice , that they would never consent to any thing in the grand and terrible excommunication then to be pronounced by the clergy against the infringers of magna charta , contra consuetudines regni antiquas & usitatas , in cujus rei testimonium & imposterum veritatis testimonium , as well the king as the earls of norff. heref. fssex ad warwick , as peter de sabaudia , at the instance and desire aliorum magnatum & populi praesentium scripto sigilla sua apposuerunt . rex &c. cum nuper in parliamento nostro oxon. communiter fuit ordinatum quod omnes excessus & injuriae factae in regno nostro inquirentur per quatuor milites singulorum comitatuum , ut cognita inde veritate facilius corrigantur , &c. i have an abridgment or abstract of the rolls of this parliament , writ by the hand of mr. elsing , late clark of the parliament , who saith , my lord coke had it ; and some of the proceedings therein mentioned , i have found in the exchequer enrolled at that time . the articles of peace à domino rege & domino edwardo , praelatis & proceribus omnibus & communitate tota regni angliae communiter & concorditer approbata , were sealed by the bishop of lincoln , the bishop of ely , earl of norff. earl of oxon , humphry bohun , will. de monte canisio & major london in parliamento london mense junii , anno domini . de consensu , voluntate & praecepto domini regis , nec non praelatorum , baronum ac etiam communitatis tunc ibidem praesentium . and not only so , but that record tells us , quod quaedam ordinatio facta in parliamento london habito circa festum nativitatis sancti johannis baptistae proxime praeteritum pro pace regni conservanda . and we read in another record , rex &c. cum super praeteritis guerrarum discriminibus in regno angliae subortis , quaedam ordinatio seu forma pacis de nostro praelatorum , baronum & totius communitatis regni praedicti unanimi voluntate & assensu provida deliberatione inita fuerit , &c. ●n cujus rei testimonium huic scripto nos rex angliae , comes leyc . & glouc. jo. filuis johannis , johannes de burgo sen. will. de monte canisio , henr. de hastings , & gilbertus de gaunt , pro nobis & caeteris baronibus & communitate regni angliae sigilla nostra apposuimus . dat. apud cantuar. die jovis proximè post festum nativitatis beatae virginis , anno . and therefore those that hold that there were no commons , or citizens and burgesses in parliament before hen. . would do well to define and ascertain , who the communitas were after the words praelati , barones & magnates , in the before-expressed records . the fifth argument . from an act of parliament , an. h. . that famous prince , where it is declared and admitted , that the commons of the land were ever a part of the parliament , and so consequently were part of the parliament annis , joh. , , , , h. . all within the prescription of the borough of s. albans . the commons of england , upon their claim or protestastation , had , as their undoubted and unquestionable right , and inherent priviledge , allowed and admitted in parliament , that they had ever been a member of parliament : then were they a member of that joh. before-mentioned , of joh. , , , , & h. . and that no statute or law could be made without their assent . the record says , that so as hit hath ever be their liberte and freedome , that thar should no statute , ne law , be made of lass then they yaffe therto their assent , considering that the commune of your lond , the which that is and ever hath be a membre of your parliament , ben as well assentirs as petitioners . yet was the affirmation of the commons no other than a renovation or memorial of the ancient law of the land , as is proved before , and more fully explained and confirmed by the petition to the king and his learned council , and answer thereto in the parliament of e. . the record is not unworthy of a serious perusal . erchevesque evesque prelatz , counts , barons , & autre gentz de la comunyalte dengleterre que tiegnent lour manoirs en chief de nostre seigneur , as well within the forest as without , to which mannors they had gasz ( wast ) appendant , dont les seignourages avantditz arentunt , by the acre , half acre , & per rode en approvaunt lour manoirs . whereupon the ministers of the king made seisure thereof , pur ceo qu' eux ne unt la licence le roy d'entrer . therefore they pray , that they may approver leur manoirs & le povre pueple eyser , &c. responsum in dorso , il ne put estre fait sanz novele ley la quele chose fere la comunalte de la terre ne vult my uncore assentir , infra , coram rege . from hence i make these observations . . it proves that the law could not be altered without consent of the commons of england , though in a case particular to the king , as this was , for the petition was coram rege ; nor could the king and commons , without the lords . for e. . per avys des prelatz & grauntz de la terre fist respondre as les petitions des communes touchantes la leye de la terre , que les leyes eues & useez en temps passez , ne le processe dycelle useez cea en arere , ne se purrent changer sanz ent faire novel estatute , which as then they could not attend , but shortly would . . that they ought to agree to all new laws , and that no statute could be made without their assent . it is then remarkable , . that the commons of england , as now we stile them , gave their suffrage and vote in the enacting and making of all statutes and laws in the time of the progenitors of h. . which taken extensivè , is a very large prescription of right , for that king by the statute of assisa panis & cervisiae , made after . when it is pretended the commons began , viz. an. . tells us , that at his parliament held the first year of his reign , he had granted that all good statutes and ordinances , made in the time of his progenitors , and not revoked , should still be held . . but admitting the word progenitors be restrained to two , which i conceive was never intended by the law-makers , yet it cannot be denyed but that the statute of magna charta , for so it is called h. . fitz-herb . abrid . tit . mordaunc . n. . and by fleta , lib. . cap. . and all other statutes made at least , temporibus johannis & ricardi i. father and uncle of henry the third , had the assent of the commons in parliament , to make them laws . now the word progenitors in the statute , must i conceive go higher than ric. . for bracton a learned judge , who flourished in the time of henry the third , and so by a reasonable computation of time , may be supposed to have lived in the latter end of the reign of ric. . or beginning of king john's , after he had declared to posterity that he had bent his mind , ad vetera judicia perscrutanda diligenter non sine vigiliis & labore , and whatsoever he found notatu dignum , he reduced in unam summam perpetuae memoriae commendanda , concludes this point thus . cum legis vigorem habeat quicquid de consilio & de consensu magnatum & reipublicae communi sponsione authoritate regis sive principis praecedente justè fuerit definitum & approbatum . and so just and excellent was the ballance of the constitution of our legal government , in preventing any order or rank of the subjects , to impose upon or bind the rest without their common consent , and in conserving as it were an universal liberty and property to every individual degree of men , from being taken from them without their assent , as the county palatine of chester , ab antiquo were not subject to such laws to which they did not consent ; for as well before the conquest of england , as after , they had their commune concilium , or court of parliament , by authority of which the barones , milites & quamplures alii ( rot. h. . m. . dorso ) barones liberi homines & omnes alii fideles ( rot. pat. . e. . m. . ) or as the supplication to h. . saith , the abbots , priors , clergy , barons , knights , esquires , and commonalty , did with the consent of the earl make or admit laws within the same , such as should be thought expedient and behoveful for the weal of the inheritors and inheritance of the said county , and no inheritors or possessors within the said county were chargeable or liable , or were bounden , charged , or hurt of their bodies , liberties , franchises , lands , goods , or possessions , unless the said county ( or parliament ) had agreed unto it . and i dare under submission affirm , that neither this county palatine , nor durham , were ever subjugated to have their estates given away , at the good will and pleasure of the earl or bishop , under any notion or fancy in those days of being their representatives in the commune concilium regni , or that being dependant tenants , their consents were included in their lords assent : and if the commune concilium cestrense , or parliament , was deduced from records , it would be of greater use to shew us as in a mirror the government of england in antient days , than what i have yet seen published by any author . . that the answer of the king to the petition penned and made by all the judges of the land , his council in parliament cannot be supposed to be grounded upon a modern usage of . years from the time of h. . till then , if the tenants in capite jure repraesentationis , made the parliament as some hold , but was a declaration of the ancient custom and right of the nation . . that it was not in the power of all the tenants in capite of england , or the greatest part , who were the petitioners , though with the kings consent , to bind and oblige others , or to make or alter a law , sine assensu communitatis regni , who had votum consultivum , and decisivum , an act of authority and jurisdiction , as well in assenting to spiritual laws as temporal , as may appear for an in●tance , in their declaration or protestation to e. . in parliament . que nul estatut ne ordenance soit fait ne grante au petition du clergie si ne soit per assent de voz communes , ne que vous dites communes ne soient obligez per nulles constitutions q'ils font pur lour avantage sanz assent de voz dites communes : car eux ne veullent estre obligez nul de voz estatuz ne ordinances faitz sanz lour assent . fortescue cap. . pag. . tells us , sed non sic angliae statuta oriri possunt dum nedum principis voluntate sed & totius regni assensu ipsa conduntur . et si statuta licet tanta solennitate & prudentia edita , efficaciae tantae quantae conditorum cupiebat intentio , non esse contingant ; concito reformari ipsa possunt & non sine communitatis & procerum regni illius assensu quali ipsa primitus emanarunt . and that this was the antient law and right of the kingdom , appears by the answer of e. . an o . of his reign to the petition of the whole clergy of england ; for the clergy having given the king medietatem omnium bonorum tam temporalium quam spiritualium , complaining that the immunity of the church laesa fuit & violata , petiit à rege quosdam articulos ( rege jubente ) jussit enim rex postquam votis ipsius paruerant ( in giving the subsidy ) ut ipsi ab eo peterent remedia quae vellent . et petierunt imprimis ut statutum de manu mortua , quod in praejudicium sanctae matris ecclesiae fuit editum , deleretur cui quidem articulo respondit rex , quod idem statutum de consilio magnatum suorum ( so phrased by the historian ) fuerat editum & ordinatum , & absque eorum consilio non erat revocandum : but a more certain authority tells us , that the statute was made , per commune concilium regni , or parliament , as appears by rot. claus. e. . m. . dorso . rot. pat. e. . m. . and then the commons were unquestionably an essential part , and joined in the making the statute . the sixth argument . from the form of penning of 〈◊〉 of parliament , and expressions in records in , , h. . where it is pretended the comm●ns first began to be a part of the legislative power , which agree with the phrases of records of acts of parliament before that time . the king writes to the bishop of london , and to the rest of the bishops of the province of canterbury , that his heart was wounded 〈…〉 to dolore , that the earl of gloucester , and other rebels , had by crafty perswasions circumvented , pro 〈…〉 r ! prince edward , & ad partem suam proditori● a●●axe●unt proprii contemptu sacramen● , contra formam de nostro & ejusdem silii nostri , praelatorum , magnatum & communitatis regni nostri unanimi assensu & voluntate nuper london . provisam . the king per le conseil & l'assentement le rei de alemain & de countes , & de baruns , & del commun de la terre , pardoned and released the earl of gloucester , and all his company , &c. and the king per le conseil & passentement le rei de alemain , & les cuntes , & de barons , & le commun de la terre , pardoned and released the londoners , totes maneres de ire & de rancour & de male volente , &c. the king and prince having undertaken the crusado , for the holy land , quia tamen praelatis , magnatibus & communitati regni non videtur expediens neque tutum , that they should be both out of the kingdom , istis temporibus , it was agreed the prince should go , and a subsidy was granted to the prince by the parliament . if one should shew the authors of the novel opinion , only these records , and thereupon ask them who the communitas , mentioned in these records , after the words praelati , barones , & magnates were , i doubt not but they would say , knights , citizens , and burgesses , because they are after the pretended inception of h. . but then i desire to know what authority they can shew , why the communitas in , , , & h. . should not be a part of the parliament as much as of , , . of that king , since the words or phrases of both are alike in the records . for i do not think it a true way of reasoning , that because the notion of h. . is generally published by our now historians , and so believed : ergo , it unquestionably was so , and has always and in all ages been distinctly known and believed . the seventh argument . from the defect and loss of parliament rolls of h. . and e. . and from the universal silence of all records , and our antient historians contemporary and succeeding h. . till our days . it is true indeed for any thing yet appears , the parliament rolls of h. . are all lost or destroyed , though references are made to them by several clause and patent rolls of h. . and h. . yet no direct writ of summons ad parliamentum , is extant of that time , either of the lords or commons ( so m r pryn ) till the dorse of the clause roll h. . in a schedule affixed thereto , where there are writs for electing and sending to a parliament at london , two knights , citizens , and burgesses , and barons for the cinque-ports , and likewise summons to the great lords . but if that roll of h. . and rot. claus. e. . had been destroyed as many others of that time were , then had there been no footsteps or testimony left us on record , yet discovered , of any formal summons to parliament , of them or the prelats and temporal great lords , till e. . though several parliaments were in the interim , no less than twelve as the printed statute books tell us . and the commons expresly said to be present at some , and implyed in all , if the phrase of commune concilium regni implies so much , which 〈◊〉 think is unquestionable when compared with the statute of westm. . made e. . which was not eleven years after h. . wherein the constituent parts of the commune concilium regni , are enumerated and expressed , the statute being made per l'assentements des archievesques , evesques , abbes , priors , countes , barons & tout le comminalty de la terre illonques summones . now because from that one record of h. . ( being the only roll as yet found out ) it should be wonderfully observed , and from thence infallibly concluded and nicked , and by an ominous and influential asterism of rebellion and treason marked , that the very first writs ( whereby the great lords are said to be also first summoned ) to send two knights , citizens , and burgesses for each county , city , and borough , 〈◊〉 parliamentum , in octabis san●ti hillarii , were made in this very year , at that very crisis of time , nay tested on such very days , when the rebellious barons ( after the battel of lewes ) had the king and prince in their power , and exercised regal authority in his name , under good favour seems not at all satisfactory and convincing to me , until they give more certain and greater testimonials and evidence , and answer these few records . if the epocha of the knights , citizens , and burgesses , or commons ( as now called and distinguished from the great lords ) being first admitted a part of the parliament and legislative power , had such a creation and origine , it is more than a wonder , though the parliament rolls be destroyed , that the lieger books , charters , or historians of that time , either national or foreign , of which there are not a few , or our antient lawyers , bracton , britton , fleta , and hengham , had not amongst many narratives of far less moment and weight , given posterity a remark , or some short hint or memorial of so suddain , so great , and so universal a change or catastrophe of the whole constitution and ancient frame of the english government , as that must unquestionably be admitted to be , or some subsequent chronologer had not so much as dreamed of it till of late , or that branch in the ancient coronation oath of our kings , demanded by the archbishop , had not been omitted , or ne ver administred , which runs thus . concedis justas leges & consuetudines esse tenendas , & promittis per te esse protegendas , & ad honorem dei corroborandas quas vulgus elegerit secundum vires tuas . [ respondebit rex , concedo & promitto . ] the word elegerit , being admitted to be of the praeterperfect tense , it certainly shews , that the peoples election had been the foundation and ground of antient laws and customs ; and the term of justas leges , seems to allow a liberty of debate , reason , and argument , so much as might be of efficacy and force , to demonstrate and convince , that the laws so required by the commons of the king , were just and reasonable ; the debate and consideration of which certainly was never , nor ever could be intended to be done in the diffusive capacity of all the commons of england , separatim , but in an intire , or in an aggregat body , that is , in their communia concilia , or parliaments . and with this agrees the statute of provisors , an. e. . which saith , whereupon the said commons have prayed our soveraign lord the king , that upon the mischiefs and damages which happen to his realm , he ought and is bound by his oath , with the accord of his people in his parliament , thereof to make remedy and law , and removing the mischiefs and damage which thereof ensue . ( and this they say ) sith the right of the crown of england , and the law of the realm was such . nor indeed can i apprehend any colourable pretence , much less a probable reason , that if the barons had h. . usurped the soveraign power into their hands , they should . so easily and speedily divide and share it with the commons , constitute a new court of parliament , and make them essential and coordinate with themselves in the legislative power : sure we know it is natural for all courts , ampliare & non diminuere jurisdictionem . . that at that parliament the numerous barons ( as they stile them ) should but summon . of their own order , when the archbishops , bishops , abbots , priors and deans , made , if we must be concluded by the records . if there were then two houses of parliament , and that the knights , citizens , and burgesses , did not sit with the lords , the prelates having so great advantage of the temporal lords in their votes , were very unkind to the crown they made not use of their over-ballance for the delivery of the king and prince , then said to be in custody . . nor have i yet met with any reasons given , why when the government of the whole kingdom was at this parliament of h. . to be setled after so long and bloody a war , the barons being then so victorious and numerous , as our modern authors say , they would by their absence hazard and endanger the loss of all by entrusting the prelates and commons with the over-ballance . many remarkable observations might be raised upon this record , both as to the lords and commons , but i will now pass to my eight argument , concluding this with m r pry●●s opinion , how the parliament rolls before e. . came to be lost or destroyed . i will use his own words . that there are no records at all in the tower ( except some few antient charters or exemplifications of them ) antienter than the first year of king john , all the rest from william the first his reign till then ( except some few in the exchequer not relating to parliaments ) being utterly lost , the first parliament rolls yet remaining are these , , , , and th of king e. . the statute roll of h. . e. . e. . containing some statutes made in their reigns , a parchment book of some pleas in parliament during the reigns of king e. . and . and a few bundles of petitions in the parliaments of e. . and , , , and e. . none of which are here abridged ( viz. in the abridgment by him published ) only i find in the clause patent charter and fine rolls of king john , h. . e. , and . some writs of summons , and some memorials of acts , ordinances made , and aids , subsidies , dismes , quindisms , customs granted in parliaments , held during their reigns , the rolls whereof are perished and quite lost , either through the negligence of the record keepers , or the injury , iniquity of the times during the civil wars between the king and barons , in the reigns of king john and h. . and betwixt the two houses of lancaster and york , for the title of the crown , wherein ( it is very probable ) the prevailing king's parties , by their instruments , imbezled , suppressed such parliamentary records and proceedings , as made most against their interests , power , prerogatives , titles ; or through the default of our kings great officers and attornies , who sending for the parliament rolls out of the tower , upon special occasions , never returned them again for reasons best known to themselves , by means whereof , those parliament rolls being no where to be found , their defects must be supplied only out of such fragments and memorials of them , as are extant in our other records and antient historians , especially in matthew paris , matthew westm. william of malmesbury , henry arch-deacon of huntingdon , roger de hoveden , simeon dunelmensis , the chronicle of brompton , radulphus de diceto , ranulphus cestrensis , and thomas of walsingham , who give us some accompts of their proceedings and transactions , which else had been utterly buried in oblivion , as well as their rolls wherein they were at large recorded , as is evident by the parliament rolls yet extant . the eighth argument . from the various opinions of the learned men in and since h. . who never dreamed of any such origine , nor was it ever heard of till of late . it would be tedious to set down the various and wandring opinions and reasons of our modern authors in english , touching the beginning of our parliaments , and constituent parts thereof , especially of the commons , as now called and comprehended in the knights , citizens , and burgesses in parliament : i will but instance in a few eminent authors , and leave the croud behind . the great antiquary , mr. lamberd holds , that they were before the time of william the first , and there are other learned men who give their assent to that as a great truth . mr. prynn saith , by all the ancient presidents before the conquest , it is most apparent , that all our pristine synods and councils were nought else but parliaments ; that our kings , nobles , senators , aldermen , wisemen , knights and commons , were usually present , and voting in them as members and judges . polydore virgil , hollinshead , speed and martin , are of opinion , that the commons were first summoned at a parliament at salisbury , an. h. . sir walter raleigh in his treatise of the prerogative of parliaments , thinks it was anno h. . my lord bacon in a letter to the duke of buckingham , asks , where were the commons before h. . gave them authority to meet in parliament ? dr. heylin finds another beginning , and saith , that h. . who was duke of anjou , was the first institutor of our high court of parliament , which ( being an anjovian ) he learned in france . but i cannot find that any of those ever supposed the commons were first introduced in parliament h. . by rebellion . nor was this opinion entertained by any author i can meet with , anno . h. . for in an answer of that great and excellent person sir thomas more , lord chancellor of england , in his supplication of souls against the supplication of beggers , discoursing about king johns making ( in the th year of his reign , and three years before his granting magna charta ) the realm tributary to the pope , declares his judgment without any doubt or hesitation , and therein as i take it the universal tradition and belief of all learned men of that and precedent times : that the clergy and all the lords and commons of the realm made the parliament in the age of king john , and that never could any king of england give away the realm to the pope , or make the land tributary without their grant ; whose book , and so his opinion we find approved of and published by a grave and learned judge of the kingdom , mr. justice rastall , and dedicated to queen mary her self , an. . not much above a century ago . the ninth argument . from the comparison of the antient generale concilium , or parliament of ireland instanced an. h. . with ours in england , wherein the citizens and burgesses were , which was eleven years before the pretended beginning of the commons here . as great a right and priviledge surely was and ought to be allowed to the english subjects as was to the irish before h. . and if that be admitted , and that their commune concilium , or parliament , had its platform from ours , as i think will not be denied by any that have considered the histories and records touching that land , we shall find the two ensuing records , an. h. . clearly evince , that the citizens and burgesses were then a part of their great council or parliament . that king being in partibus transmarinis , and the queen being left regent she sends writs in the kings name directed archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , militibus , liberis cominibus , civibus & burgensibus terrae s 〈…〉 hiberniae , telling them that mittimus fratrem nicholaum de sancto neoto , fratrem hospi●●i sancti johannis jerusalem in anglia ad parses hiberniae ad exponendum vobis ( together with i. fitz geffery the kings justice ) the state of his land of vascony endangered by the hostile invasion of the king of castile , qui nullo jure sed potentia sua consisus terram nostram vasconiae per ipsius fortitudinem à manibus nostris auferre & à dominio regni angliae segregare proponit . and therefore universitatem vestram quanta possumus affectione rogantes quatenus nos & jura nostra totaliter indefensa non deserentes nobis in tanto periculo quantumcunque poteritis de gente & pecunia subveniatis , which would turn to their everlasting honour , concluding his nostris angustiis taliter compatientes quod nos & baeredes nostri vobis & haeredibus vestris sumus non immerito obligati . teste regina & r. comite cornubiae apud windesor , o die februarii , per reginam . the other writ somewhat varies , being a commission touching the chief justice fitz geffery , to be as an assistant or co-commissioner with father nicholas , to hold the parliament , to declare to them the state of gascony , & pericula nobis imminentia , & ad tractandum vobiscum super auxilio nobis faciendo , against the king of castile , desiring they would give faith to what the chief justice should say to them thereupon . rot. pat. e. . m. . we read : rex archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , militibus , & omnibus aliis anglicis de terra hiberniae , &c. vobis mandamus quod ad certos dies quos ad hoc provideritis , videlicet citra festum nativitatis beatae mariae virginis , in aliquibus locis opportunis conveniatis , & diligentem tractatum inter vos habeatis , utrum fuerit praejudicio vestri & libertatum & consuetudinum vestrarum , that the meer irish should use and enjoy the same laws and customs in common as the english there , and to send their judgment and counsel , under the seal of the justice of ireland . and in the twentieth year of this king , magnates & probi homines terrae hiberniae quint amdecimam partem de bonis & catallis suis concesserunt gratiose to the king , which certainly was done in the generale concilium , or parliament , and that the general phrase ( probi homines ) did include and comprehend the citizens and burgesses to be part of that general council , for rot. claus. h. . m. . dorso , the citizens of dublin are called probi homines nostri dublyn . from hence may be observed , . that by the patent rolls of h. . the citizens and burgesses were summoned to meet at the great council or parliament , as well as the prelates , earls , barons , knights , and free-holders , and equally desired to give the king a subsidy of men and money . . that though in the writ of e. . the citizens and burgesses are not mentioned eo nomine , the phrases of directions in writs being in those ages very various , sometimes more general , and sometimes more particular ; yet the words omnibus aliis anglicis after baronibus & militibus , must comprehend the citizens and burgesses , who were to meet and diligently to treat with the archbishops , bishops , abbots , priors , earls , barons , and knights and freeholders , whether it would be in prejudice of their liberties and customs , if the meer irish should enjoy the same laws and customs as they of the english extraction did , and they were to join in giving their judgment and counsel with the rest of the parliament . and reason it self speaks it , since the admission of the meer irish into equal priviledges and rights with themselves in their cities and towns , would be of so great a consequence to them ; for upon the kings granting by charters to several irish families , the benefit of the english laws , great disputes arose , so that rot. claus. e. . m. . intus , upon a petition to the king , he granted that semel in anno tene●tur parliamentum to redress their grievances touching the irish and english laws , and so the word parliamentum ascertains what those councils were in the patent rolls of h. . and e. . before-mentioned . and now i will close my arguments , declaring under the good favour of so eminently learned authors , that their resolves and opinions which they have published to the world , that the inception and original election of knights , citizens , and burgesses , or the admission of the commons of england ( as now phrased ) into parliament by rebellion and treason , anno h. . are not at all satisfactory and convincing in my judgment , unless they give more certain and greater testimonials than yet i have met with , and answer these few records against their so severe position . a position , believe me , that like a tempestuous whirlwind , not only rends off and dismembers an essential branch , but shakes the very root of the right and honour of our english parliament , and equally wounds both lords and commons , because these learned authors themselves do agree , that there is not yet discovered any formal summons of the great lords ( no more than of the commons ) to any parliament before the said h. . and here i must beg the favour of the reader of adding a supplemental argument , which at first i confess was not intended , and it is this . if in the general councils , or , in our present dialect , parliaments , for instance , . of france , . spain , . portugal , . denmark , . sweden , and . scotland , the cities and great towns or boroughs , have from time immemorable , both de jure and de facto , had their delegates or representatives : upon what authority or reason can it be believed , that so universal a northern custom or law , did not obtain and was never practised in england before h. ? . for france we find their conventus ordinum , or l'assemblie des estates , consisted de sacerdotio , nobilitate & plebe , of the clergy , nobility and commons , this is evident by the parliament roll h. . which takes notice of the peace made between england and france , that the same was confirmed in france , per tres status regni , viz. praelatorum & cleri , necnon procerum & nobilium ac etiam civium , burgensium , civitatum , villarum & communitatum dicti regni francorum , ipsi tres status eandem pacem & omnia & singula contenta in eadem approbarunt , laudarunt , acceptarunt & auctorizarunt . it seems by this that the french kings were not so despotical and absolute by the fundamental laws of that kingdom , as their successors have by acts of power since made themselves . . in spain their curia or cortes del reyno , is compounded ( as dr. heylin cites out of the learned bodin ) of the clergy , the nobility , and the commissioners of the provinces and antient cities . . the portugal cortes or parliament consists of the bishops and prelats , the nobiles majores & minores , and two procurators or burgesses from every city , who have a deliberative voice , which they call definitive . . in denmark , pontanus saith , the bishops , the nobility , & civitatum delegati , the deputies or commissioners of towns and cities , made up their general council . . for sweden , it does not much differ from the government and form of denmark , their common council consisting of the same estates and degrees of people , that is to say , proceres & nobiles , the greater and the less nobility , episcopi & ecclesiastici , civitates & universitates , the cities , boroughs and villages . i might here if it were needful , shew how great a share and interest the hanze or free towns in germany have by their deputies in all ages had in the diet or general council of the empire . . but now at last we are come to scotland , sir john skene in his epistle dedicatory to king james , before his scottish laws , writes thus . intelligo tuas tuorumque majorum leges quae cum legibus regni tui angliae magna ex parte consentiunt ; and then in his book shews , that willielmus cognominatus leo , who as is said , begun to reign in . and reigned . years , so as he was king of scotland of our henry the first , held his assise or parliament at perth , where several laws were ordained , to the observance whereof , episcopi , abbates , comites , barones , thani & tota communitas regni tenere firmiter juraverunt . king alexander began to reign anno . which was the sixteenth year of our king john , and reigned . years , so as he died an . h. . he made his laws de consilio & assensu venerabilium patrum episcoporum , abbatum , baronum ac proborum hominum suorum scotiae . and what the communitas regni in king william's statutes , and the prob● homines in king alexanders , were , the league made between the french king and the crown of scotland , anno e. . clearly shews , being ratified and confirmed in their parliament , per johannem de balliolo , then king , ac praelatos & nobiles & universitates & communitates civitatum & villarum dicti regni scotiae ; and the constant practice ever since hath been , that the cities and boroughs have sent their proxies or representatives to the parliaments of that kingdom . it may therefore seem very strange , that when the cities and boroughs in all the kingdoms of europe , de jure and de facto were ab antiquis temporibus , even in times coeval with the government , an essential part of their common councils or parliaments , that england should not be under the same constitution , being but descendants from gaul , or the more northern countries ; if so , . was it because in the britton , saxon and norman times , there were no cities or boroughs , or if there were , were they so poor and inconsiderable , as they deserved no observation in the eye of the state ? or , . was it because , by a strange and unheard of fate , peculiar and proper only to them , they were not fit or capable to give or hear reason , as well as the delegates or representatives of the cities and boroughs of france , spain , portugal , denmark , sweden and scotland ? or , . had they no property or right in their estates ? certainly , in my opinion , none of these objections can be admitted , allowed , or proved ; for in the brittons time , venerable bede tells us . erat britannia viginti & octo civitatibus quondam nobilissimis insignita praeter castella innumera , quae & ipsa muris , turribus , portis ac seris erant instructa firmissimis . nor were they of less reputation in the saxon or norman times , when they were thought so necessary and proper for the safety of the govern ment , preservation and defence of the laws , that it was ordained by william the first , and the common council of the kingdom ; that no market or fair should be permitted to be held , nisi in civitatibus regni nostri & in burgis ubi consuetudines regni & jus commune & dignitates coronae nostrae deperiri non possunt nec defraudari nec violari , sed omnia recte & in aperto & per judicium & justitiam fieri debent , &c. ad tuitionem gentium & populorum regni & ad defensionem regni . and if in the brittons times the nation was so strong in cities and castles , surely it cannot be imagined but that in the saxon and norman times , when the nation became to be more civilized and considerable in the world , the estates or degrees of the inhabitants would easily part with these liberties and priviledges , which their ancestors , though less knowing and powerful , did claim and enjoy . having thus concluded my arguments against the position of h. . i have thought it not altogether impertinent , to add some brief observations for the better understanding of antient records , and historians in their various lections and different expressions . i shall therefore consider , . the different application of the words commune , communitas , or plebs . . the several denominations by which our antient general , or common council or parliaments , were expressed . . the various acceptation of the word baro , and that under the phrase of baronagium angliae , both lords and commons were comprehended . observation i. the different application of the words commune , communitas , or plebs . there lies a main objection against me , for some authors say , that the words commons , communitas , or plebs , is not to be met withal in any antient authors or records ; ab ingressu willielmi primi usque ad excessum h. . and therefore conclude , they were never a part of the commune concilium , or parliament , before h. . because not mentioned eo nomine . admitting the objection true ( which i conceive otherwise ) yet it is no conclusive argument , for before the statute an. r. . cap. . i cannot find the appellation of lords temporal , nor before the th of that king cap. . the phrase lords spiritual and temporal in our printed statute books ; ergo , from thence it follows by a necessary consequence , according to their argument , that they were not any part of the generale concilium , or parliament , before those times , because not expressed by that name . i suppose this conclusion will not be admitted true . but as i am well satisfied , that the archbishops , bishops , abbots and priors , who were often expressed by , and comprehended in the word praelati , and who in after times constituted the lords spiritual , and the earls and barons , as now differenced , the lords temporal , were ab antiquo undoubtedly a part of the commune concilium regni , or parliament ; so it may be proved if insisted upon , that the milites and libere tenentes de regno or angliae , the knights and gentlemen , or freeholders of england ( licet nonnunquam diversis & variis appellationibus expressi & inclusi , in which those qui de rege tenuerunt in capite , or barones regii , or regis , to difference them from the barones regni , were comprehended ) were à crepusculo temporis , a constituent and essential part also , although by historians and records they are often mentioned by , and included in titles , which in late times import more honour , and are now of an higher acceptation , and had not the name of commons fixed , or generally stamped upon them as in after ages . sed haec obiter . . as to the word communes ( or communitas ) i have in my enquiries observed it to be used in six senses . . to comprehend the whole commune concilium regni , or parliament . a le commune dangleterre : here commune is taken for people , so as tout le commune is here taken for all the people , and this is proved by the sense of the words , for magna charta was not granted to the commons of the realm , but generally to all the subjects of the realm , viz. to those of the clergy , and to those of the nobility ; and to the commons also . and that [ commune ] in this place signifieth people , it is proved by the preamble , for there the great charter and the charter of the forest , are rehearsed to be granted by king h. . to his people , and here they are said to be granted [ a le commune ] and see before e. . confirm . chart. cap. . & cap. . for this word commune and comminaltie : so as [ a le commune ] here signifieth not to the commons of the realm , but to the people of the whole realm ; and herewith agree our books , for that a common nusance which concerns le commune on le comminaltie , le suite serra done au roi , where [ commune ] and [ comminaltie ] include all the kings subjects . . to comprehend the communitas praelatorum & baronum . . to comprehend the generality of all that came to parliament , after the particular enumeration of the orders of the great lords , viz. archiepiscopi , episcopi , abbates , priores , comites , barones . the statute of westm. . made e. . eleven years after h. . saith , per l'assentements des archievesques , evesques , abbes , priors , counts , barons , & tout le comminalty de la terre illonques summones . the statute , de asportatis religiosorum , e. . though made anno o saith , that dominus rex post deliberationem plenariam , & tractatum cum comitibus , baronibus , & aliis nobilibus & communitatibus regni sui habitum in praemissis de consensu eorum unanimi & concordi , ordained , that it should be observed : but upon the producing the roll in the parliament e. . it is said , that the petition for the statute was per countes , barones & communes du royalme , and so under the word communes , the alii nobiles are included . . the communitas comitatuum regni , or universality of the counties of the kingdom represented by the magnates , chivalers , or grandz of the counties ; of which appellations i shall give some few instances . inter communia brevia de termino sanctae trin. s. mich. an o o e. . penes rememoratorem domini thes. in scaccario , the milites comitatuum and barones quinque portuum , are called magnates . rot. claus. e. . m. . dorso . inhibitio ne qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . ex libro statutorum impress . lingua gallica penes meipsum , e. . cap. . rastalls stat. pag. . item que les prelats , countz , barons , chivalers & autres grandes de chescun paiis . statutum de servientibus e. . per assent de les ditz prelatz , countes , barones , & autres graundes de la dite communalte illonques assemblez . ms. penes meipsum . stat. e. . statutum stapulae . grantz des counties . . applied to the communities or societies of the cities and boroughs . rot. de superioritate regis angliae in regno scotiae , anno e. . omnes & singuli tam episcopi & alii ecclesiarum praelati , quam comites , barones , magnates , proceres civitatum & burgorum communitates . rot. parl. e. . n. . chivaliers des countees & communes . rastall's stat. e. . fol. . statute staple , whereas good deliberation had with the prelats , dukes , earls , barons , and grandes des countees de chescun countee un pur tout le countee , and of the commons of the cities and boroughs of our realm of england . . to the commune or generality of the body of the clergie in parliament . monstre la commune de la clergie , & per la ou diverses abbes , priores , esglises cathedrales & collegiates , & autres gentz de seinte esglise ount diverses rentz . observation ii. . the several denominations by which our antient general , or common council , or parliaments , were expressed . if any man will be at the expence of so great a charge and trouble , as to compare the various lections of historians and records together , and the manner and phrase of words and speeches , proper to particular ages and times , he may satisfie himself what those councils were , and their constituent parts , whom the antient historians mean , when they say , convocati , or congregati fuerunt nobiles angliae . omnes regni nobiles . nobilitas totius regni . tota nobilitas angliae . totius angliae nobilitas . magnates angliae . totius regni magnates . proceres regni . proceres & fideles regni . universitas totius angliae nobilium . universitas regni . barones angliae terrae or regni . universitas baronagii , or barnagii angliae . baronagium , or barnagium regni , or angliae . regni totalis universitas . pontifices & principes anglicani . primordes & magnates regni . principes regni , praesules & principes regni . optimates totius regni , or angliae . primates regni . majores regni , majores angliae . assisa regni . discretio totius regni . generale placitum . clerus & populus . communitas regni . generale concilium regni . concilium regni . and such like expressions and phrases , varying in several ages , till at last they fixed on the word parliamentum . to demonstrate all which will require a longer discourse than i here intend ; however , having before touched upon the parliaments of johannis , and h. . i will give instances how they have been named in records and histories . anno o regis johannis . . archiepiscopus c 〈…〉 , episcopi , barones & magnates . . generale concitium . . barones & liberi homines totius regni . . barones & liberi homines dominii nostri . . magnates . . fuerunt autem quasi ex parte regis stephanus cantuariensis & h. dublinensis archiepiscopi , &c. illos quoque qui ex parte baronum affuerunt qui innumerabiles fuere , non est necesse numerare , cum tota angliae nobilitas in unum collecta quasi sub numero non cadebat . . barones . . parliamentum . . barones angliae . . baronagium angliae . . enprimes est accorde & assentu q' le franchise de seinte esglise & la grand chartre & la chartre de la forest & les autres statutes faitz per nostre dit seignour le roy & ses progenitors piers & la commune de sa terre . anno o h. . . tota nobilitas angliae . . parliamentum . . archiepiscopi , episcopi , abbates , priores , comites , barones , milites , & alii magnates regni angliae . . magnates & communitas populi . . anno . h. . hoc anno h. rex angliae ad instantiam praelatorum , comitum & baronum cartas duas eis concessit , unam de libertatibus quae magna charta dicitur , & alia quae dicitur de foresta , pro qua concessione communitas angliae concessit regi quintam decimam partem omnium bonorum suorum mobilium per totam angliam . baronagium . in the parliament at oxford h. . parliamento autem incipiente solidabatur magnum propositum & consilium immutabile exigendo constantissime ut dominus rex cartam libertatum angliae quam johannes rex pater suis anglis confecit & confectam concessit , quamque idem johannes tenere juravit , fideliter teneat & conservet , quamque idem rex henricus multoties concesserat & tenere juraverat , ejusque infractores ab omnibus angliae episcopis in praesentia sua & totius baronagii horribiliter fecit excommunicari & ipse unus fuerat excommunicantium . so as the excommunication here meant , being that of h. . then made in the presence of the king , great men , and communitatis populi , is here said to be done in praesentia totius baronagii angliae . and for the honour of magna charta , i will conclude this head with an act of parliament . that valiant and great prince , e. . after the overthrow of his enemies , and peaceful possession of the crown , assisted with the judges of england , archbishops , bishops , abbots , priors , his dukes , earls , viscounts , and barons , with the great men or knights of the counties , and commons in full parliament , hath left this recorded to posterity . they call this great charter the laudable statute of magna charta , which statute was made for the great wealth of this land , upon which magna charta , the great sentence and apostolique curse , by a great number of bishops , was pronounced against the breakers of the same ; and the same sentence is four times in the year openly declared , according to the law of holy church ; and in affirmance of the said statute , of the said great charter , divers statutes have been made and ordained . and great reason certainly they had to put so high a value on that so famous charter , since the substantial part of the laws thereof were no less than the great results , decrees , and judgments , ordained by the prudence and justice of the brittish , saxon , and danish dynasties , founded upon two grand and principal bases or pillars , liberty and property , which like those two brasen ones called boaz and jachin , supporting the temple of solomon , upheld the tottering frame and fabrick of our antient government , though often by evil men designed to be overthrown . a charter , empta & redempta , purchased and redeemed with vast treasure of the nation , and the effusion of a sea of christian blood . a law published and established with fearful execrations , and terrible curses , against the infringers and breakers thereof , and all done with that religious solemnity , and profound ceremony , as it may seem inferior only to that of the commandments of almighty god given to the jewish nation . all great ministers of state and justice were at their entrance into their offices , solemnly to swear the observation thereof , and great reason there was for the making of this law , both for the preservation of the king , and also the kingdom ; for that parliament well knew the woful confusions in the reign of edward the second , who being seduced by his two minions the spencers , for want of observing the good old laws and customs of england , cut off the head of thomas earl of lancaster his uncle , that being the first act of shedding the sacred royal blood by colour of law i ever met withal in history ; they usurped royal power , they sent the queen and prince ( afterwards great edward the third ) beyond sea , and prevailed with e. . to declare the queen and prince traytors . they monopolized the kings eyes , ears , and his whole understanding , so that the king nothing did , or would do , but what they did counsel him , were it never so great wrong ; and if any had the courage to complain against them , or so much as fetch a loyal sigh , or lament the hard fate of the king then imposed upon by those favourites ; they were branded with arraigning the government , striking at the foundation of state , and being guilty of treason , and what not . the consequences of whose unhappy counsels and policies , are too well known in history to have been the ruine both of the king and themselves . the priests and confessors were strictly commanded to frame and direct the consciences of the people to the observation and obedience of the great charter , and they did so , not like the sibthorps and manwarings of later times , who by their flatteries of prerogative for their own promotion seek to ruine the subjects property . observation iii. the various acceptation of the word baro , and that under the phrase of baronagium angliae both lords and commons were comprehended . as to the word baro , it was not much more in use before william i. obtained the english diadem , that i can find , than the word communes , baro britanni pro suo non agnoscunt in anglo-saxonic is legibus nusquam comparet nec in alfrici glossario saxonico inter dignitatum vocabula habetur . for the english saxons called those in their own language ●al●epmen which in latine were named comites , and the danes earls , but of so extensive an import in its signification , as we read of aldermani regis , aldermani comitatus , civitatis , burgi , castelli , hundredi , sive wapentachii & novem decimorum , so according to the strict word they had whole regiments of earls . the greatest title of which , seldom , if at all , descended hereditarily till the confessors time , and after will. i. became king , the word ●al●epman began to change and vary its signification , and in room of aldermani regis , we find barones regis ; for aldermani comitatus , barones comitatus ; for aldermani civitatis , barones civitatis ; for aldermani burgorum , barones burgorum ; for aldermani castellorum , barones castellorum ; for aldermani hundredorum , barones hundredorum sive wapentachiorum . sir henry spelman saith , that simplices villarum maneriorum domini de quocunque tenentes qui sacham & socham habent , were antiently called barones . and all freeholders , hoc est tam in soccagio quam per servitium militare , had the title of barones ; and in his species of barones comitatus , saith , proceres nempe & maneriorum domini nec non libere quique tenentes , anglice freeholders , had that appellation . notandum autem est libere hos tenentes nec tam exiles olim fuisse nec tam vulgares ut hodie deprehenduntur . the great selden in his notes upon eadmerus upon the word barones , saith , vocabulum nempe alia notione usurpari quam vulgo , neque eos duntaxat ut hodie significare quibus peculiaris ordinum comitiis locus est . and the learned camden writes , verum baro ex illis nominibus videatur quae tempus paulatim meliora & mollior a reddidit ; nam longo post tempore non milites sed qui liberi erant domini & thani saxonibus dicebantur , barones vocari coeperunt , necdum magni honoris er at , paulo autem postea ( meaning after the normans coming ) eo honoris per venit ut nomine baronagii angliae omnes quodammodo regni ordines continerentur . the authority of these most learned antiquaries is such , that it would be a presumption in me to go about to add any thing , i shall only say , i have met with some records that clearly prove their opinion , and for illustration shall subjoin one record more , and so conclude this point . anno h. . great complaint was made in parliament against the church of rome's exactions here in england , whereupon anno h. . litterae missae cardinalibus romanae ecclesiae apud lugdunum à baronibus , militibus , & universis baronagii regni angliae per rogerum bigod , comitem norff. willielmum de cantelupo , johannem filium galfridi , radulphum filium nicholai , philippum basset , barones procuratores baronagii angliae , tunc temporis innocentio papa quarto celebrante concilium ibi generale . anno gratiae . venerabilibus in christo fratribus universis & singulis dei gratia salutem . barones , milites , & universitas baronagii regni angliae , &c. electi sunt igitur ( writes mat. paris . ) ad hoc nomine totius universitatis regni angliae ad concilium lugdunense missi comes rogerus bigod , johannes filius galfridi , willielmus de cantelupo , philippus bassett , radulphus filius nicholai , milites , saith mat. westm. p. . l. . magister willielmus powic clericus . another letter was sent per magnates & universitatem regni angliae , super extortionibus curiae romanae , to the pope himself , who negotium posuit in suspenso . the ambassadors returning , and a second parliament being called at westm. the record goes on . articuli gravaminum & oppressionum quibus regnum angliae oppressum fuit temporibus henrici filii regis johannis per curiam romanam , quae scilicet ostensa fuerint cardinalibus romanae ecclesiae , & ....... innocentio papae quarto ore tenus per procuratores praedicti regni in generali concilio apud lugdunum , & quod gravamina dictus papa procuratoribus dederit in praemissis ad revocanda , quae scilicet gravamina non revocata postea barones , milites & universitas baronagii angliae conquerentes ostenderunt praedicto regi in concilio habito apud westm. in proxima quadragesima sequenti post praedictum concilium . whereupon by common advice it was agreed , to send ambassadors with second letters of their grievances to the pope at rome , directed thus . sanctissimo , &c. devoti silii sui comes cornubiae richardus , &c. & alii totius regni angliae barones proceres & magnates ac nobiles portuum maris habitatores , necnon & clerus & populus universus , salutem . matthew paris calls this a parlial●ament , convenientibus igitur ad parliamentum totius regni magnatibus , and mention is made of the first message in the close roll , h. . rex abbati de sancto edmundo salutem . cum pro oppressionibus innumerabilibus factis in regno nostro per ecclesiam romanam ob quam magnates nostri ad sedem apostolicam appellarunt , & quosdam pro ipsis & pro universitate baronagii angliae ad concilium in brevi celebrandum ad appellationem suam prosequendam duxerunt destinandos . and indeed records and histories will furnish us with several precedents , where succeeding parliaments as well as these of h. . have sent letters to the pope when he attempted to invade the rights of the crown or kingdom . i will give two instances in the reigns of the two famous princes , edward the first , and edward the third . . edward the first , an. of his reign , claimed scotland , as rex & superior dominus , the pope as a fiefe of the roman church ; the pope backed by the french king , summons edw. to appear before him in his court at rome , and sends his letters or bulls to the archbishop of canterbury to serve them ; the archbishop obeys , the king tells him , verum quia consuetudo est regni angliae quod in negotiis contingentibus statum ejusdem regni requiratur consilium omnium quos res tangit , and shortly after summons his parliament at lincoln , in octabis sancti hillarii , to advise with his parliament , how to defend the rights of the crown against the papal claim . the parliament thereupon send their letter to the pope , subscribed and sealed by several of the principal men of the parliament , as the usage of that age was , telling him , that sane convocato nuper per serenissimum dominum nostrum edwardum dei gratia regem angliae illustrem parliamento apud lincolniam generali ; the king had caused the popes letter , in medio , or pleno parliamento exhiberi ac seriose nobis fecit exponi , unde habito tractatu & deliberatione diligenti super contentis in litter is vestris memoratis , communis , concors & unanimus omnium nostrum & singulorum consensus fuit , est & erit inconcusse deo propitio in futurum , quod praefatus dominus noster rex super juribus regni scotiae aut aliis suis temporalibus nullatenus respondeat judicialiter coram vobis nec judicium subeat quoquo modo aut jura sua praedicta in dubium quaestionis deducat , nec ad praesentiam vestram procuratores aut nuncios ad hoc mittat , praecipue cum praemissa cederent manifeste in exhaereditationem juris coronae regni angliae & regiae dignitatis ac subversionem status ejusdem regni notoriam , necnon in praejudicium libertatis consuetudinum & legum paternarum ad quarum observationem & defensionem ex debito praestiti juramenti astringimur , & quae in manu tenebimus toto posse totisque viribus cum dei auxilio defendemus . nec etiam permitt 〈…〉 s nec aliqualit●● per 〈…〉 mus sicut non possumus nec debemus praemissa tam insolita , indebita , praejudicialia & alias inaudita praelibatum dominum nostrum regem etiam si vellet facere seu modo quolibet attemptare . quocirca sanctitati vestrae reverenter & humiliter supplicamus , quatenus eundem dominum nostrum regem qui inter alios principes orbis terrae catholicum se exhibet & romanae ecclesiae devotum , jura sua & libertates & consuetudines & leges praedictas absque diminutione & inquietudine pacifice possidere ac illibata persistere benignius permittatis . in cujus rei testimonium sigilla tam pro nobis quam pro tota communitate praedicti regni angliae praesentibus sunt appensa . datis & actis lincolniae , anno dom. . . the second is , the letter to the pope , made at the parliament , e. . touching provisions . quod rex & tota nobilitas regni pati noluit , &c. thus translated , whereby the phrase nobilitas regni , in the historian , will be explained . to the most holy father in god , lord clement , by the grace of god , of the holy church of rome , and of the universal church , chief and high bishop , his humble and devout children , the princes , dukes , earls , barons , knights , citizens and burgesses , and all the communaltie of the realm of england , assembled at a parliament holden at westm. the th day of may last past , &c. in witness whereof we have hereunto set our seals . given in the full parliament at westm. on the eighteenth day of may , anno dom. . and indeed the commons were so highly incensed , that the parliament roll of this year tells us , that la dite commune ne le poet ne le 〈…〉 t plus endurere those strange oppressions of the pope and provisors . so that the parliament of h. . after great debate and consideration , and a diligent search and inspection of the antient records of the kingdom , did ground their statute amongst others , upon these great authorities ; the statute saith , whereas the king his most noble progenitors , and the nobility and commons of the said realm , at divers and sundry parliaments , as well in the time of king edw. . 〈◊〉 . . r. . h. . and other noble 〈◊〉 of this realm , made sund●● or 〈…〉 s , laws , statutes , and p 〈…〉 , for the entire and sure 〈…〉 tion of the prerogative , lib 〈…〉 , and preheminenc●● of th 〈…〉 〈◊〉 imperial crown of this realm , and of the jurisdiction spiritual and temporal of the same ; to keep it from the annoyance ; as well of the see of rome , as from the authority of other foreign potentates , attempting the diminution and violation thereof , as often and from time to time , as any such annoyance or attempt might be known or espied . pulton's stat. h. . c. . but to conclude the point of the various lections , certainly the different and great variety of words and phrases , by which both the antient historians and records have in their several ages and times , expressed and denoted the communia concilia regni , or parliaments , as now called , and their constituent parts , being not well observed and considered by most of our late english authors ( who understood them as if they had signified what afterwards they did , and now do ) have imposed on our historical faiths , and propagated to posterity many palpable and gross errors , whereby great and unkind clashings and diversities of opinions , as well amongst learned men as others , have had their source and spring , nay , even between prince and people . the general conclusion . my only aim and endeavour in this discourse hath been from publick records , private manuscripts , and the best historians , to search out and discover truth , and to assert the just honour of our worthy and famous ancestors commoners of england ( as now phrased ) great maintainers of the interest and dignity of the king and kingdom ; and with submission to better judgment , i hope i have plainly proved , . that the freemen or commons of england were an essential and constituent part of the saxon wittena gemott , or parliament . . that they so continued in the times of w. . w. . and h. . which last being an englishman , by way of charter restored and confirmed the laws of edward the confessor , as his father william . as well by his magna charta , or great charter , as by his oaths had before done , both when he was crowned , and also at berkhamstead , in the seventh year of his reign . . and though the rolls of parliament , in the succeeding kings reigns till e. . be lost , or not found , so as we are at a loss as to the several orders of parliament , yet by what has been deduced from other records before cited , it is evident i conceive , that the citizens and burgesses were a part of the parliament , anno . of king john , and so had not their beginning by rebellion , anno h. . and therefore i may with good reason and warranty conclude , that our ancestors , the commons of england , the knights , gentlemen , freeholders , citizens and burgesses of a great and mighty nation , were very far from being in former times such vassals and slaves , or so abject , poor and inconsiderable , as the absurd and malitious ignorance and falsities of late writers have been pleased to make and represent them , especially the author of the grand freeholders i●quest , and mr. james howel , as if they were only beasts of carriage and burden , ordained to be taxed and t●lli●●ed , and have their lives , estates , and liberties given away and disposed of without their own assents , under a novel opinion and conceit , that they were no part of the commune concilium regni , or parliament , before h. . perlege quae regni clarissima conciliorum sunt monumenta , aliter nil praeter somnia cernis . appendix . after i had compleated the foregoing arguments , a material objection was by some of my friends offered me , which , if not cleared in this discourse , might , in their judgment , give a colour and pretence for a belief of an opinion , which is this : that the commons , or people of england , were from the time of the norman conquest represented by such as held of th● k 〈…〉 〈◊〉 capite , until h. . and 〈◊〉 by two 〈◊〉 for each county , and certain burgesses for several burroughs , and barons for the cinque ports . having before laid down a clear and plain distinction between barones regis and barones regni , i shall therefore now distinguish upon the phrase milites & libere ●enen●es . . milites & libere ten●ntes qui de rege tenent in capite . . milites & libere tenentes de regno . the first distinction i thus prove , rot. pal. . johannis m. . rex dilec●is & fidelibus 〈…〉 s baronibus militibus & libere tenentibus qui de eo tenent in hi 〈…〉 rnia . rot. claus. h. . m. . . dorso . re● 〈◊〉 〈◊〉 sciatis quod ar 〈…〉 〈◊〉 a●ba●es , priores , c 〈…〉 〈◊〉 , 〈◊〉 om●●s alii de regno , qui de nobi●●●nent in capite spontanea 〈◊〉 〈◊〉 , & 〈◊〉 consuetudine con 〈…〉 〈◊〉 〈◊〉 〈…〉 lium ad magna ne●●tia 〈◊〉 e●pedienda . rot. claus. h . m. . dorso . rex 〈…〉 omili norhamptoniae praecipimus t●●i 〈◊〉 alias praecipimus qu●d 〈◊〉 facias archiepi 〈…〉 pos , episcopus , comites , barones , abbates , priores , milites , & liberos homines qui de nobis ●●nent in capite , &c. eodem modo seribi 〈…〉 omnibus vi●ecomitibus comitatuum angl 〈…〉 . as to the second distinction , the ancient chronicles of the kingdom say , that both before and after the conq 〈…〉 ( as we phrase it ) the kings of england held their court three times in every year , at easter , whi●son●ide , and christmas , and then the crown was attended with most of those qui de rege 〈◊〉 in capite , this was called ●●ria regis ; if any difference of right did arise between the king and his tenants , o● between tenant and tenant , here it was heard and determined , and many things were there acted and done in relation to the kings 〈◊〉 or tenants , but under favour this was not the commune concilium , regni or parliam 〈…〉 as we now call it , for the king held this court ex more of 〈◊〉 , as simon d●netmensis — and 〈◊〉 〈…〉 igorniensis write in vita 〈◊〉 primi . but when they , and contemporary historians , take no●ice of the meeting of the commune concilium , regni or parliament , then their expressions 〈◊〉 and say , that rex as●ivit orderieus vitalis , pag. . exprecepto regis convenerunt . eadmerus rex sanctione sua adunavit , flor. wigorn. continuat , and many such like expressions , which shew it was not held ex more of custom , yet true it is , kings did often convene or summon the common council of the kingdom at one of the said feasts , being a great conveniency to the tenants in capite . but they summoned the general council also at other times , according to the emergency of affairs , examples of which are obvious in the ancient historians . now to shew that the milites tenentes qui de rege tenuerunt in capite , ( together with the other great lords that held of the king ) were not the partes constitu●ntes , and alone did compose and make up the 〈◊〉 , the whole body of the general● , or commune concilium , regni or parliament . i will begin with a statute or act of parliament made tempore richard the first , who reigned before king john , father to h. . and years before h. . the assize or statute being made per assensum & consilium archiepiscoporum , & episcoporum , & abbatum comitum , & baronum , militum & libere tenentium totius regni . king john being divorced , the new queen was crowned de communi assensu & concordi voluntate archiepiscoporum , episcoporum , comitum , baronum , cleri , & populi totius regni . the king anno . summons a parliament tractatur : nobiscum de magnis & arguis negotiis nostris & communi regni utilitate . quia super his , qua a rege franciae per nuncios nostros & suus nobis mandata sunt ; and that expedit habere consilium magnatum terr● therein . the king per commune concilium regni then made an assize of money . and at the same parliament provisum fuit communi assensu archiepiscoporum , episcoporum , comitum , baronum , & omnium fidelium nostrorum angliae , that nine knights through all england should find a tenth bene para●um cum equis & armis for the defence of the kingdom , and that those nine knights should find the tenth knight every day two shillings ad liberationem suam . certainly the words fideles angli● cannot be understood to be restrained to the tenants in capite only . the archbishops , bishops , abbots , priors , & m●gnates regni gave an auxilium ad desensionem regni & re●uperationem ●●rrar●m nostrarum against the french king , and who the 〈◊〉 then were , the patent roll 〈◊〉 〈◊〉 . . shews where i● is contained , 〈◊〉 , &c. 〈◊〉 〈◊〉 , ba●on●s , milit●s , & alii 〈◊〉 regno retire 〈◊〉 ●●dium 〈◊〉 , 〈◊〉 〈◊〉 ali●s 〈◊〉 & prog●●itoribus ●ostris 〈◊〉 anglis liber●●iter 〈◊〉 〈◊〉 de omnibus ●●nis 〈◊〉 〈◊〉 hence i ●hall observe● . that the subsidy in 〈◊〉 . . time was granted in parlia●●nt , and so this of ●ing john's . . the words pre●●ri●●ribus no●●ris r●gibus 〈◊〉 must unquestion●bly compreh●nd king j●hn , grandfather to edw●●d the 〈◊〉 , and by a reasonable constructio● m●y ●e 〈…〉 nded higher . and at the 〈…〉 me parliament , & 〈◊〉 〈◊〉 〈◊〉 universitas comi●um baranum 〈◊〉 〈◊〉 aliorum fidelium complain against the clergy about reme 〈…〉 wh●r●●pon the king granted his pr 〈…〉 or su●●rsed●● to the clergy tha● th●y s●ould do nothing therein , 〈◊〉 〈◊〉 univers 〈…〉 ( before mentioned ) super hoc colloquium habemus . anno johannis , the agreement and peace at runningme●d was made between king john of the one part , and robert fitz walter , marshal of god and holy church , several 〈…〉 rls there named , & alios comites , & barones , & liberos homines totius regni ex 〈◊〉 parte , or as the patent rolis johannis m. . dorso . generale concilium , and rot. claus. h. . m. . dorso . parliamentum de runemed , i have seen it several ways spell'd or writ , runemeid , rendmed , redmede , which may seem to be a word of sa●on extraction , for mr. somner tells us , that 〈◊〉 is c●nsulere , and so justifies mat. 〈◊〉 . pag. . in his etymology , when he sa●s , rennemed quod interpretatum pra●um concilii eo quod antiquis temporibus 〈◊〉 de pace regni saepius con●ilia tra●●abantur . anno h. . magna charta was in parliament granted and confirm●d , an ancient transcript of which , writ in the time of e. . i have , and conceive that those who then gave a subsidy of a fifteenth to the crown were the parts that compounded and made the communc concilium , regni or parliament , and who they were let the charter speak . pro●ac autem donatione , & concessione libertatum istarum & aliarum contentarum in charta nostra de libertatibus forestae , archiepiscopi , episcopi , abbates , priores , comites , barones , milites libere tenentes , & omnes de regno nostro dederunt nobis quintam decimam partem omnium bonorum suorum mobilium . testibus praenominatis & multis aliis dat. per manus venerabilis patris domini dun●●lmensis , episcopi , cancellarii nostri apud sa 〈…〉 um paulum london sexto die novembris , anno regni nostri secundo . which is confirmed by the close roll of this year thus : rex vic. ebor , &c. salutem mittimus libi chartas de libertatibus concessis omnibus de regno nostro , tam de foresta , quam aliis mandantes quatenus eas legi facias public● in pluro comitatu tuo convocatis baronibus militibus , & om nibus libere tenentibus ejusdem comitatus , qui ibidem jurent fidelitatem vestram , & in diligenter attendens singula puncta chartarum ea per omnia facias jurar● observari , &c. da● . . die februarii . anno dom. . h. . that king summoned a general or common council of the kingdom at 〈◊〉 presentibus clero & populo cum magnatibus regionis solemnitate igitur ut 〈◊〉 completa hubertus de burgo domini regis justiciarius exparte ejusdem regis pr●pojuit coram archiepiscopis , 〈◊〉 comitibus baronibus , & aliis universis , 〈◊〉 & injurias , qu● regi illata f●●rani in p●rtibus us trans 〈…〉 is . whereby the king and many ea●ls and barons were di●●nherited & cum multi sunt in causa multorum subventio erit necessaria petit ergo ab omnibus consilium pariter & auxilium quibus corona angliae dignitates amissas , ac jura posset pristina revoca●e , ad hoc quoque plene p●rficiendum regi suff●cere credidit , si ea quinia decima pars omnium rerum mobilium totius regni angliae , tam a personis ecclesiasticis , quam a laicis donaretur . to which it was answered , habita deliberatione quod regis petitionibus gratanter adquiescereni ; si illis diu petitas libertates concedere voluisset , which the king condescended unto . and chartis protinus conscriptis regis sigillo munitis & sic soluto concilio . the charters i shall pass over , only with this former observation , that i conceive those that gave the subsidy were the members of that parliament , and who they were will appear by the inspeximus of the great charter , and the charter of the forest inrolled in the statute roll , e. . viz. pro hac autem donatione , & concessione libertatum istarum & aliarum libertatum contentarum in charta nostra de libertatibus forestae , archiepiscopi , episcopi , abbates , priores , comites , barones , milites , libere tenentes , & omnes de regno dederunt nobis quintamdecimam partem omnium mobilium suorum concessimus etiam eisdem pro nobis & haeredibus nostris , quod nec nos , nechaeredes nostri aliquid perquiremus ( i. e. a papa ) per quod libertates in hac charta consentae infringantur vel infirmentur . et si ab aliquo centra hoc aliquid perquisitum suerit , nihil esglise as countes , & barons , & a tout la communante de la terre que mes nul besoigne tien manere des aides mises ne prises de nostre roiaume ne prendromus forsque per commune assent de tout le roiaume & a commune profit de mesme le roiaume . teste octobris . to deny therefore that the knights and freeholders de regno of england were a constituent part of the commune concilium , or parliament , in & h. . but were represented by the tenants in capite . a man may with equal reasons , and as strong authorities argue and affirm , that though the records plainly declare the enumeratio partium of those great councels , and the comites & barones to be one part then present , and that they gave a subsidy concurrent with the other parts , yet really , . they were not there nor joined in the tax , but were represented by the milites and libere tenentes de regno . dly , though the comites , barones , milites , & libere tenentes de regno are expresly and particularly mentioned in these grand charters , yet in truth they were not present at those great councils , but their votes and power were included , and they represented in and by omnes archiepiscopi , episcopi , abbates , & priores de regno , ( though the greater number of the two latter held not of the king in capite , ) who made laws , and gave taxes exclusis or omissis comitibus baronibus militibus , & libere tenentibus de regno . or dly , notwithstanding the naming of the prelates of the church , yet their power , vote , and authority was transferred and made over to the earls , barons , knights and freeholders of the kingdom , and their appearance there was not personal , but by representation , which no man certainly can believe . i shall close up this point with a memorable record which i happily found in the exchequer de anno e. . the prior of coventry was attached to answer to the king de servitio octo seodorum militum per ipsum priorem & predecessores suos regi , & progenitoribus suis ab anno . domini regis h. proavi ipsius regis nune substracto & concelato . the prior appears per henricum de stretford , whereupon the barons order a search of the rolls and memoranda of the exchequer , and thereupon it was found in the roll of h. . sub titulo de auxilio ad primogenitam filiam regis maritandam , that the prior stood charged with ten pounds for ten knights sees , and in the great roll . of the king titulato auxilium episcoporum a●batum , pr●orum con●essam ad sororem regis maritandam frederi●o imperatori , the prior stood charged de viginti marcis , &c. to this the prior pleads , quod ipse & predecessores sui tenuerunt omnia terras & tenementa sua per servitium duorum seodorum militum ●antum & quod dominus rex , seu progen 〈…〉 〈◊〉 de aliquibus aliis ser●itiis per 〈◊〉 〈◊〉 〈◊〉 , seu predecessores suos nun 〈…〉 〈◊〉 〈◊〉 per 〈◊〉 〈◊〉 , seu servici●● 〈◊〉 〈◊〉 〈◊〉 factum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per memoranda hujus scaccarii , 〈◊〉 〈◊〉 inde serutinium , &c. 〈◊〉 quoad ●oc quod compertum est ●ic in rotulis &c. quod tempore dicti r●●●s henric● t●r●●● computatum fuit de 〈◊〉 〈◊〉 〈◊〉 de auxiliis eidem reg● henrico ad ●ilium suum ●ilitem faciendum & sororem suam maritandam conc 〈…〉 . hoc ●i non pr 〈…〉 in 〈◊〉 parte . di●it enim quod au●ilia illa non 〈◊〉 , 〈◊〉 〈◊〉 p●ssunt ●sse 〈◊〉 〈◊〉 〈◊〉 subsidia per 〈◊〉 , & communitatem regni spontanea , & mera voluntate regi concessa , & tam de teuentibus alio 〈…〉 , quam de tenentibus de domino rege in capite levanda quo prete●tu dictus compotus de auxiliis praedictis fuit tam pro feodis tenentium , tune prioris loci praedicti quam pro feodis ipsius prioris propriis , quod idem prior dicit posse liquere curiae per certificationem tune prioris loci praedicti tune baronibus de s●●●cario . from this record i shall make these observations : . that the crown could not de ju●● require any servi●ia from the subject , but those that were de●ita , omnes qui de rege tenent per servicium militare , ( and none else , ) regi faciant anxilium ad primogenitam siliam maritandam , saith the king , rot. pat. h. . m. . dorso , and so said the law long before . sunt e●iam quaedam communes praestationes qu● servitia non dicuntur , nec de con 〈…〉 tudine veniunt , &c. sicut sunt hidagia , corragia , & carvagia , & alia plura de necessitate & ex consensu communi totius regni introducta & quae ad dominum ●●●di non pertinent . . there is a difference appears between servitia and auxilia : the law allows therefore the priors plea , when he says , that those extraordinary aides were not servitia but auxilia , granted to the crown per magnates & communitatem regni spontanea & mera voluntate , or as bracton before cited , consens● communi totius regni . . those aides were given tam de tenentibus aliorum quam de tenentibus de domino rege in capite levanda , quo praetexta dictus compotus de auxiliis praedictis were as well for the fees of the tenants of the then prior , as for the fees of the prior himself , which the prior said would clearly appear to the court by the certificate of the prior , his prodec●ssor , in the time of h. . made to the barons of the exchequer , so that the tenants of the prior did grant an aid as well as the prior himself , and that in parliament , for as i have observed before , rot. claus. h. . m. . dor●o , there was a parliament then held . . that in the reign of h. . and preceding times , when the knights and freeholders , who held not of the king , but other lords , did in the commune concilium or parliament , gra●● 〈◊〉 au●●lium or aid to the crown , the great lord or baron of the fee , of who 〈…〉 the freeholders held , was 〈◊〉 in the exchequer to answer for 〈…〉 thereof , under the title of his 〈◊〉 , as the bishop of every 〈◊〉 , 〈◊〉 till queen elizabeth's time , was by law chargeable for the coll 〈…〉 , of 〈◊〉 granted by the clergy within his d●ocess , yet certainly as the bishop 〈◊〉 〈◊〉 any power to give for , or tax his 〈◊〉 ; no more could or did any great lord of the f●●●ither jure t 〈…〉 , or 〈◊〉 t●tionis , charge or give away the 〈◊〉 of his free t 〈…〉 , who were independent in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 solummodo 〈◊〉 ; this p 〈…〉 not well observed and understood 〈◊〉 late authors , has caused the 〈◊〉 about the t 〈…〉 〈◊〉 , representing the 〈◊〉 in parliament . . 〈…〉 held of the king in capite , yet very considerable in number , and all the citizens and burgesses should , till h. . either be totally excluded from being any part of the generale concilium regni or parliament , or else by a law , of which there is not the least footsteps in history or law , were for so many ages to be represented by the tenants in capite only in parliament , the transcendent power of which council in conjunction with the king as head thereof sir thomas smith , that great and learned man , who was secretary and privy-councellor to our famous queen , an old parliament-man , when he comes to write of the parliament , and its largeness of power , says thus , in comitiis parliamentariis posita est omnis augustae absolutae que potestatis vis , quippe quemadmodum robur & virtus angliae dieuntur in acie residere parliamentaria comitia veteres leges jubent esse irritas , novas indueunt , praesentibus juxta ac futuris modum constituunt , jura & posse●siones hominum privatorum commutant , spurios natalibus restituunt , cultum divinum sanctioribus corroborant , pondera & mensuras variant — incerti juris contrever●●as dirimunt , ubi nihil lege cautum fuit , censum agunt , capitationes & vectigalia indicunt , delictorum gratiam faciunt , afflictas & majorum sceleribus perditas familias erigunt , vitae n●●isque potestatem in cos obtinent quos ad hujusmodi disquisitiones princeps advocaverat , atque ut concludam breviter , qui●quid in centuriatis comitiis , aut in tribunitiis populus romanus efficere potuisset , 〈◊〉 omne in comitiis anglicanis tanquam in coetu principem populumque represent ante commode transigitur . interesse enim in illo conventu omnes intelligimur ●uju●cunque amplitudinis status aut dignitatis princepsve aut plebs fuerit , sive per se ipsum hoc fiat , five per procuratorem , nam omnibus peraeque , gratum esse oportet qu●●quid ex senatusconsulto parliamentario profectum est . . it is observable , that the prescription of progenitores regis , in the record of the prior of coventry tempore e. . did expresly extend to the reign of h. . his great grandfather and higher too , so that i had good authority and warrant to say before , that , when the burgesses of st. albans , in the parliament e. . affirmed , that they and their predecessors sicu● caeteri burgenses de regno , as the rest of the burgesses of the kingdom had totis retroactis temporibus , in all times past , in the time of f. . & pregenitorum suorum , and of his progenitors , sent two burgesses to every parliament , they had , as well as other boroughs of england sent burgesses to the generale corailium , or parliament before mentioned , in the th year of king john , grandfather to e. . at least , and so by clear evidence before h. . from the aforesaid authorities and reasons , we may with good consequence conclude . . that the people or commons of england , from the time of the norman conquest , till h. . were not represented in the commune concilium , regni or parliam●nt , by such only as held of the king in cap●●e . . and that the commons or people 〈◊〉 〈◊〉 ●●●in to be represented by knights , citizens , burgesses , and barons of the cinque ports in the said h. . and now i shall subjoin some material records relating to my former discour●● . inter communia de term. trin. anno e. . adhuc recorda . pjn nomine poliarc●t jesu christi salvato●is mundi totiusque creature creatoris cujus divino dominatui quique donatores debito servitio subnixe deserviunt , cujus etiam omnipotentatui universi potentatus obsecundari examussim preproperant , quia bonitas ejus bon 〈…〉 atis est incomprehensibilis , & miseratio inter minabilis , dapsilitas bomtatis ineffabilis longanimitas quoque super pravorum nequitias quantitatis prosixitate cujus●ibet longior qui co●idia●●s admonitionibus religiosam conversationem duccntes monet ut pie se●tando justitiae culturam non eam deseren dolinquant ; quin potius perseverabilt instantia in ejus cultura ut permaneant pat●rno affectu hortatux ; qui nihilom●nus eadem affectione mandat peccato●ibus ut resipiscant a suis iniquitatibus convertentes , quia eorum execratut mortem ejus amoris stimulo & fide suffultus cujus largif●ua miseratione ego cnut rex totius albionis insule aliarum nationum plurimarum in cathedra regali promotus cum consilio & decreto archiepiscoporum , episcoporum , abbatum , comitum aliorumque omnium fidelium eligi sanciend . atque perpeti stabilimento ab omnibus confirmandum ut monasterium quod biadricesworth nuncupatur , sit per omne evum monachorum gregibus deputatum ad inhabitandum , & ab omni dominatione omnium episcoporum comitatus illius funditus liberum , ut in eo domino servientes monachi , sine ulla inquietudine pro statu regni domini prevaleant precari . placuit etiam mihi hanc optionis electionem roborare privilegio isto in quo indere prccepi libertatis donum , quod jam olim edmundus rex occidentalium saxonn̄ largitus est suo equivoco pro nanciscenda ejus gratia , & mercede aeterna scilicet edmundo regi & martiri quod bone voluntatis voto augere cupimus , quatcnus ejus promereri partibus mercar portionem ●●us beatitudinis post hujus cursum vite . tali libertate concedo fundo frui illi in quo idem status pansat ut quociens populus universus persolvit censum danis vel ad naves seu ad arma persolvant inhabitantes in ipso fundo eadem ad usus , quos elegerint fratres illius loci sitque nobis remedio hoc michi quippe eque reginae meae elfgife ac filiis nostris omnibusque qui pridem ei hoc contulerunt . huic libertati concedo additamentum scilicet maritimos pisces , qui michi contingere debent annualiter per teolonei lucrum & piscationem quam ulfkytel habuit in wylla , & omnia jura quarumcumque causarum in villis quae monasterio adjacent & quae adjiciendae sunt per gratiam dei dedi quoque reginae meae assensum concedens ei pro sua elemosina dare quatuor milia anguillarum cum muncribus quae pertinent ad illas pro annuali censu in villa que cognominatur lakynghythe , si quislibet quod absit istam libertatem quoquolibet conatu nititur servitutis jugo subigere vel prava intentione transmatare ut rursus clericos in eo collocet loco sit addict●s captivitati aeterne careat sempiterna libertate , & mancipatus setvitio diaboli ejusque consortio sit in extricabilibus habenis constrictus nisi satisfactio ejus erratui subveniat quod prorsus optamus . ✚ ego cnut rex gentis anglorum aliarumque nihilominus hoc privilegium jussi componere & compositum cum signo dominicae ctucis consirmando impressi . ✚ ego alfgifa regina omni alacritate mentis hoc confirmavi . ✚ ego wulsta●●s ●rchicpiscopus conscnsi . ✚ ego athelnothus archicpiscopus confirmavi . ✚ ego godwinus episcopus corroboravi . ✚ ego alfwinus episcopus assensum dedi . ✚ ego alffinus episcopus consignavi . ✚ ego athericus episcopus conclusi . ✚ ego alfwynus episcopus roboravi . ✚ ego brithwaldus episcopus . ✚ ego iric dur. ✚ ego godwinus dux . ✚ ego ulf dux . ✚ ego eglaf dux . ✚ ego hacun dux . ✚ ego leofwynus dux . ✚ ego godricus dux . ✚ ego oslacus miles . ✚ ego theoreth miles . ✚ ego thurkil miles . ✚ ego thrym miles . ✚ ego brothor miles . ✚ ego alfricus miles . ✚ ego alfwynus miles . ✚ ego leofricus abbas . ✚ ego alfwardus abbas . ✚ ego athelstanus abbas . ✚ ego alfsias abbas . ✚ ego leofwinus abbas . ✚ ego wulfredus abbas . ✚ ego oskytelus abbas . ✚ ego alfwius . ✚ ego alfricus . ✚ ego alfricus . ✚ ego leoffius . ✚ ego leofricus . domino sanctae universalis ecclesiae summo pastori paschali ; conventus ecclesiae christi cantuariensis fideles orationes , & totius sanctae devotionis obsequium . notum esse non dubitamius gloriosae paternitati vestrae ( pie domine ) quod ecclesia cantuariensis mater nostra , sanctae scilicet romanae ecclesiae specialis filia jam ab obitu beatae memoriae patris nostri auselmi archiepiscopi per quinquennium cura pastoralis officii peccatis nostris exigentibus sit destituta nuper autem respectu misericordiae dei , adunato conventu totius anglici regni in praesentia gloriosi regis nostri henrici electus a nobis & clero & populo est ad regimen ipsius ecclesiae radulphus roffensis episcopus nobis sufficientissime cognitus , & propter uitae suae meritum & sanctae conversationis effectum toti regno valde acceptus . huic electioni affuerant episcopi abbates & principes regui , & ingens populi multitudo censentiente domino nostro rege & eandem electionem laudante , suaque auctoritate corroborante quoniam igitur ita res se habet mittimus ad vos , modis quibus possumus supplicantes ut quem ad sublevationem & consolationem ecclesiae suae deus ( quantum nobis datur intelligi ) elegit vestra sancta auctoritate in quo electus est confirmetis , & ei pallium quod omnes antecessores sui a sacratissima sede beati petri consecuti sunt transmittere dignemini ne sanctitate vestra aures pietatis suae precibus nostris ( quod deus avertat ) non inclinante in pristinas miserias aliquo eventu ecclesia nostra ( filia vestra ) reiabatur . ipsemet enim tanta corporis imbecilli tate gravatur , ut non sine magno periculo sui , & detrimento omnium no strum valeat hoc tempore vestigiis vestris se presentare . sanctum apostolatum vestrum omnipotens deus dignetur ad honorem suae sanctae ec clesiae per multa tempora incolu mem conservare dignissime pater . amen . henrico regi anglorum charo domino suo ac sum̄o honore uenerando , frater radulphus sanctae cantuariensis ecclesiae indignus sacerdos & totus conventus ejusdem ecclesiae salutem , & orationes & fidelia obsequia notum facimus sublimitati vestrae alexandrum regem scotorum cum consensu cleri & populi regni sui legatos suos ad nos misisse & consilium curae pastoralis ad opus ecclesiae sancti andreae a nostra ecclesia ex pe 〈…〉 sse considerantes ergo ●orum ju●●am petitionem & tam divini amoris reverentiam , quam sanctae matris ecclesiae utilitatem attendentes laudandis desideriis pium praebuimus assensum concessimus ergo ju●ta petitionem corum personam ecclesiae nosirae ab eis denominatam dominum edmerum quam a pueritia disciplinis ecclesiasticis sublimiter justitusum & sanctis moribus decenter ornatum ad officium sacerdotale omnino s●●mus 〈…〉 neum . uestram igitur ve 〈…〉 sublimitatem submisso corde ●●poscimus ut vestrae c●●situdinis pia voluntate atque 〈…〉 ritate & illorum deo 〈◊〉 〈◊〉 & super tam neces 〈…〉 io ecclesiae dei negotio nostrae hum 〈…〉 atis con 〈…〉 o ro●oretur . omni 〈…〉 s deus sublimitatem vestram ad ho●orem suum & munimen ecclesiae su● p●r longa tempora incolumen cu 〈…〉 & 〈◊〉 〈◊〉 regnum digni●are 〈…〉 nnis 〈◊〉 〈◊〉 digne●●● . rescriptum regis ad haec . henricus ret anglorum radulfo archiepiscopo cantuariae salutem volo & concedo ut monachum illum unde ret scotiae te requisivit , liberum ei concedas ad consuetudinem terrae suae in episcopatu sancti andreae teste everardo de calna apud rothomagum . patri uenerabili paschali summo pontifici henricus dei ●ratia ret anglorum salurem promotioni vestrae in sedem sanctae romanae ecclesiae plurimum congaudeo , pete●squod amicitia quae patri meo cum antecessoribus vestris fuit , inter nos quoque illibata permaneat , unde ut disectio & benignitas a me videatur sum●●e mitium . beneficium quod antecessoribus meis beatus petrus habuit vobis mitto , eosque honores , & eam obedientiam quam tempore patris mei antecessores vestri in regno angliae habuerunt in tempore meo ut haveatis volo ; eo videlicet ●enore , ut dignitates usus & consuetudines quas pater meus tempore antecessorum vestrorum in regno angliae habuit , ego tempore vestro in eodem regno meo integre obtineam notumque habeat sanctitas vestra quod me vivente deo auxiliante dignitates & usus regni angliae non minuentur & si ego quod absit in tanta me dejectione ponerem , optimates mei immo totius angliae populus id nullo modo pateretur habita igitur ●arissime pater utiliori deliberatione ita se erga nos moderetur benignitas vestra ne quod invitus faciam a vestra me cogatis recedere obedientia . rex baronibus , militibus , & omnibus fidelibus totius angliae salutem sciatis , quod die martis prox . ante — suscepimus literas domini papae in partibus pictaviae de — relaratione jnterdicti angliae , quas destinavimus venerabili p. winton episcopo justic̄ nostro & vos rogamus attentius tanquam dilectos , & fideles nostros quorum dilectioni & fidelitati plene confidimus quatenus secundum quod idem episcopus vobis diceret consilium & auxilium vestrum ad honorem nostrum & vestrum , & statum regni nostri melius commu nicandum efficaciter super hoc apponatis ut vobis modo ad uberiores teneamur gratiarum actiones . et ut dileoe . quam hactenus erga nos habuistis in hoc merito — nostrum si fieri literas nostras super hoc transmissemus , set ut negotium illud , quod & nobis & vobis ad commodum cedet & honorem & majori expediretur festinatione has literas , &c. t. meipso apud rupellam sexto die martii . eodem modo scribitur . majori & baronibus london . majori & probis hominibus winton . probis hominibus northampton . linc. ebor. oxon. glouc. heref. exon. wigorn. cantebr . hunt. bristoll . norwich . eodem modo scribitur . omnibus burgis & dominicis domini regis dat. eodem . rex dilecto & fideli suo willielmo com. maresc . salutem sciatis , quod salvi dei gratia & incolumes apud rupellam applicuimus die sabbati prox . post capt . jennim̄ & magnae partis gentis nostrae . et statim ex quo adveuimus tamen reddita nobis fuerunt cum relicta xxvj . castra & fortalicia & praeter paucos dies processimus ad castrum de millesen . obsidendum , & tunc castrum illud cepissemus venit ad voluntatem & misericordiam nostram johannes de portio clericus & continuo post illum venit similiter ad voluntatem & misericordiam nostram savericus de malo leone quem consilio domini burdegensis archiepiscopi & aliorum filedium nostrorum in pacem nostram admissi 〈…〉 s ; die autem martis pro● . ante mediam ●uad●agesimam dum adhu● moram fecissemus circa casirum illud funditus prosternendum , ●e●it ad nos acelina romana frater gulielmi de san●to andoeno afferens nobis literas demini papae de forma interdicti relaxndi in anglia quas ●enera●●●i patri nostra domino p. winton episcopo destina●●mus , unde vobis 〈…〉 us 〈…〉 tes 〈…〉 us ad negotium illud exequend ad honorem dei , & nostrum & vestrum consilium , & auxilium efficax impendatis & faciatis super negotio ista id quod dominus winton̄ episcopus justiciarius noster vobis dicet ad fidem & commodum nostrum , ut honorem inde habeamus & regni nostri status in melius commutetur unde merito ad perpetuas vobis teneamur gratiarum actiones . t. meipso apud rupellam octavo die martii . eodem modo scribitur omnibus comitibus , baronibus , & magnatibus angliae dat. eodem . reverendo domino suo & patri sanctissimo j. dei gratia summo pontifici johannes eadem gratia rex angliae , &c. salutem & debitam tanto domino ac patri reverentiam . cum comites & barones angliae nobis devoti essent antequam nos & nostram terram dominio vestro subjicere curasfemus extune in nos specialiter ob hoc sicut publice dicunt violenter insurgunt . nos vero post deum vos specialem dominum & patronum habentes defensionem nostram & totius regni quod vestrum est esse credimus vestrae paternitati commissam . et nos quantum in nobis est curam & sollicitudinem istam vestrae reservamus dominationi devotius supplicantes quatenus in negotiis nostris quae vestra sunt consilium & auxilium efficax apponatis ; prout melius videritis expedire latores praesentium venerabiles patres w. burdega● & h. dublin archiepiscopos magistrum r. canc̄ nostrum abbatem belli loci magrūm p. ebor̄ ecclesiae praecentorem & h. archidiac̄ & magrūm de arenio canon̄ ebor̄ , & nobiles viros j. marescallum & g. lutterell fideles nostros quos propter hoc ad pedes vestros transmittimus benignius exaudientes . nos enim super omnibus quae ad nos & regnum nostrum pertinent vices nostras & authoritatem sanctitati vestrae committimus ratum habituri & firmum quicquid inde cum consilio nunciorum nostrorum dureritis ordinandum . t. mcipso apud doveram . die septembris . jtem domino papae , &c. jn conspectu paternitatis vestrae humiliamus ad gracias multiplices prout melius scimus & possumus exhibendas pro cura & sollicitudine quam ad defensionem nostram & regni nostri angliae paterna vestra benevolentia indesinenter apponit licet duritia praelatorum angliae atque inobedientia malitiose impediant piae vestrae provisionis effectum . nos tamen pro effectu sincero quem ad nos geritis clementiae vestrae devotius inclinamus qui etsi ad praesens a superbis & a malevolis ad insipientiam sibi censeatur inefficax nobis erit domino concedente ad tuicoem & pacem & inimicis nostris confnsionem & terrorem inducit . et licet dominus pandulphus fidelis subdiaconus vester norwicensis electus nobis pernecessarius esset in anglia ut pote qui honorem ecclesiae romanae ac vestrum & totius regni nostri fideliter & devote procurat quia tamen nullo modo de statu nostro & regni paternitas vestra certificari poterit melius quam ipsum ad pedes vestros eundem destinamus invitum devocius supplicantes quatenus ꝑ ipsum specialiter & alios fideles nostros illatae vobis in persona nostra injuriae veritate comperta ad regimen regni nostri & nostrae observandum dignitatis paternae manum solicitudinis apponatis , prout excellens vestra discretio viderit expedire quod per dei gratiam laudabiliter facitis & secistis pro certo habentes quod post deum personam vestram & auctoritatem apostolicae sedis habemus unicum & singulare praesidium & sub vestri considencia patrocinii respiramus . teste &c. noverint universi quod dominus h. rex angliae illustris r. comes norff. & marescallus angliae h. comes hereford & essex j. comes de warewico petrus de sabaudia caeterique magnates angliae concesserunt in sententiam excommunicationis generaliter latam apud westm̄ tertio decimo die maii anno regni regis praedict . . in hac forma scilicet quod vineuso praefatae sententiae ligentur omnes venientes contra libertates contentas in cartis comunium libertatum angliae & de forresta et omnes qui libertates ecclesiae angliae tempotibus domini regis & praedecessorum suorum regum angliae optentas & usitatas scienter & maliciose violaverint , aut infringere praesumpserint , & omnes illi qui pacem domini regis & regni perturbaverint , & simiilter omnes qui jura & libertates regis & regni diminuere infringere seu mutare praesumpserint . et quod omnes venientes contra premissa vel eorum aliqua ignorantur & legitime moniti infra quindenam post mentionem praemissam dictam transgression̄ non emendaverint extunt praedictae sententiae excōicac̄onis subjacebunt jta tamen quod dominus rex transgressionem illam per considerationem curiae suae faciat emendari sciendum autem quod si in scriptis super eadem sententia a quibuscunque confectis , seu conficiendis aliud vel aliter appositum vel adjectum fuerit aut articuli aliqui alii in eis contenti inveniantur dominus rex & praedicti magnates omnes & communitas populi protestautur publice in praesentia uenerabilium patrum b. dei gratia cantuariensis archiepiscopi totius angliae primatis necnon & episcoporum omnium in eodem colloquio existent quod in ea nunquam consenserunt , nec consentiunt set de plano eis contradicunt praeterea praefatus dominus rex in prolacione praefatae sententiae omnes libertates & consuetudines regni nostri antiquas & usitatas & dignitates & jura coronae suae ore proprio specialiter sibi & regno suo salvavit & excepit in cujus rei memoriam & in posterum veritatis testimonium tam dominus rex quam praedicti comites ad instantiam aliorum magnatum & populi praesentium scripto sigilla sua apposuerunt . rex reginae & r. comiti cornub. salutem cum nos , & omnes magnates & praelati angliae juraverimus & promiserimus nuper apud westm̄ ' , quod magnam chartam nostram angliae in omnibus articulis suis teneri firmiter faceremus nos adhuc in eodem proposito persiūentes volumus & mandamus quod cartam illam super sacramentum singulorum uicecomitum in singulis comitatibus publice clamari faciatis & teneri , dum tamen praefati magnates & praelati eam fac̄ simili modo de cetero a suis subditis teste , &c. rex uenerabilibus in christo patribus omnibus archiepiscopis , episcopis , & dilectis sibi in christo abbatibus , & prioribus , & dilectis & fidelibus suis universis com̄ baron̄ militibus & aliis fidelibus suis hiberniae salutem mittimus dilictum & fidelem nostrum filium j. galfr̄ justc̄ nostrum hiberniae ad partes hiberniae ad exponendum vobis statum nostrum & terrae nostrae vascon̄ & pericula nobis imminentia & ad tractandum vobiscum super auxilium nobis faciend contra regem castell qui dictam terram nostram uascon̄ in manu forti in quindenam pasche primo futur̄ hostiliter est ingressurus vobis mandantes quod eidem justic̄ nostro in hiis quae nobis ex parte nostra super praedicto auxilio perquirendo intimabit fidem adhibeatis jn cujus &c. t. a. regina nostra & r. com̄ cornub apud westm. ij . die febr. per regn̄ . rex archiepiscopis , episcopis , abbatibus , prioribus , com̄ baron̄ , militibus liberis hominibus civibus burgensibus , & omnibus aliis fidelibus suis terrae suae hiberniae salutem mittimus fratrem nicholaum de sancto neoto fratrem ●ospic̄ sancti johannis jerusalem in anglia ad partes heberniae ad e●ponend vobis una cum j. galf. justic̄ nostro hiberniae statum nostrum & terrae nostrae uascon̄ & pericula nobis imminentia de hostili adventu reg. castell qui nullo jure set potentia sua confisus terram nostram uascon̄ per ipsius fortitudinem a manibus nostris auferre & a domino regni angliae segregare proponit universitatem vestram quantum possumus affectione rogantes quatenus nos & jura nostra taliter indefensa non deserentes nobis in tanto periculo constitutis quantumcunque in mundo poteritis de gente & pecunia ad predictae terrae nostrae defensionem quam praedictus rex in manuforti in estate prox . futur̄ hostiliter est ingressurus subveniatis quod in vestrum honorem uertetur sempiternum cum ex contrario hujus negotii eventu non tantum nobis set singulis regni nostri & terrae nostrae hiberniae — & rerum dampnum imineat periculosum hiis nostris augustiis taliter compatientes quod nos & haeredes nostri vobis & haeredibus vestris sumus non immerito obligati jn cujus &c. teste a regina & r. com. cornub. apud windsor xvij die februarii per reginam . rex omnibus &c. cum pro negotiis nostris arduis regnum nostrum contingentibus proceres & fideles regni nostri ad nos london in quindena pasche prox . praeterit̄ facere 〈…〉 us convocari & cum de negotiis supradictis maxime de prosecutione negotii siciliae diligenter cum eisde 〈…〉 tractaremus ac ipsi nobis responderint quod si statum regni nostri per concilium fidelium nostrorum rectificand duxerimus et dominus papa conditiones circa statum siciliae appositos melioraverit per quod negotium illud prosequi possemus cum effectu ipsi diligentiam fideliter apponent erga communitatem regni nostri quod nobis commune auxilium ad hoc praestetur nos eis concessimus quod infra festum natalis domini proximum futurum per consilium proborum & fidelium hominum nostrorum regni angliae unacum consilio legati domini papae si in angliam medio tempore venerit statum regni nostri ordinabimus & ordinationem illam firmiter observabimus & ad hoc fideliter observand supponimus nos cohercioni domini papae ut nos ad hoc per censuram ecclesiasticani prout expedire viderit valeat arctare protestamur etiam quod edwardus filius noster primogenitus praeūito sacramento corporali per literas suas concessit quod omnia superius expressa quantum in ipso est fideliter & inviolabiliter observabit & imꝑp̄um observari procurabit jn cujus &c. hiis testibus edwardo filio nostro primogenito galfr̄ de lazing , willielmo de valenc̄ frībus nostris p. de sabaudia , johanne de pless . com. warr̄ johanne maunsell thesaur̄ ebor̄ henrico de wingham decano sancti martini london , petro de rivall guidone de rocheford , roberto fitzwalter p̄ntibus & multis aliis com̄ baronibus regni nostri dat. apud westm. . die maii. nostre seignior le roy per le conseil & l'assentement de le roy de alemain & de countes & de barons & de● comun de la terre pardone & relesse a ceans de la meenee le counte & a touz ceux de sa compaignie ou que il scient ou cient este &c. en tesmoin ' de ceste chose nostre seignior le roy de angleterre & le roy de alem ' cest escrit unt mis leur seans doune a estratford le quiuszime jour de juyn le aun cynquant premer . henry per la grace dieu &c. per le conseil & le assentement nostre cher frere le roy de alem̄ e cuntes e de barun̄s e le comun de nostre terre avoms pardone quite & relesse a tuz ceus de londres totes maneres de ire & de rancor & de male volente &c. e avoms graunte & otree a touz ceus avantnomes que mal ne damage ne lour ferroms ne sufferoms estre fet , e ke il ne sient encheisonez ne enquerelez pur les choses avantditz en tesmoign de cestes nos & le roy de alem ' a cest escrit avoms mis nos seans donne a estratford le cessime jour de juyn lan de nostre regne cynquante premier . inter communia brevia de termino sanctae trin. anno regni regis e. . xxxiiij . recorda . memorand quod cum nuper dominus rex ordinasset quod edwardus filius suus primogenitus in festo pentecostes anno regni sui tricesimo quarto cingulo milicie decoraretur et mandatum esset archiepiscopis , episcopis , abb'ibus , prioribus , comitibus baronibus , & aliis magnatibus regni quod essent coram ipso domino rege & concilio suo apud westmon̄ in crastino sanctae trinitat , proximo sequent ad tractand & ordinand de auxilio regis faciendo ad miliciam praedictam & ad consenciend hiis quae ulterius ordinarentur in hac parte vel quod procuratores aut attornatos suos sufficienter instructos ad premissa loco eorum facienda mitterent tunc ibidem . ac etiam praeceptum fuisset singulis uicecomitibus angliae quod eorum quilibet venire faceret de cam̄ suo ad praefatos diem & locum duos milites & de qualibet civitate ballivae suae duos cives , & de quolibet burgo ejusdem ballivae suae duos burgenses , &c. ad tractand ordinand & consentind sicut praedictum est . uenerunt personaliter coram rege & consilio suo apud westm̄ ad diem illum antonius bek patriarcha jerosalomitanus episcopus dunolm w. de langeton coventr̄ & lich. radus de baldok london episcopi , h. de lacy comes linc̄ j. de warrenna comes surr̄ r. de monte hermer . comes gloucestr̄ & hertf. h. de boun comes hereford g. de bello campo comes warr̄ robertus filius walteri hugo le despenser johannes de hastinges hugo de veer willielms martyn , henr̄ le tyeys , johannes lovell , rogerus de mortuomari , johannes de mohun , alanus la zouche , will 's de leyburn , & robertus de burghersh , custos quinque portuum cum quibusdam baronibus portuum eorundem . ac etiam per procuratores & attornatos robertus cantuar̄ & will 's eborum archiepiscopi thom̄ exon̄ richardus hereford , johannes wynton , johannes cicestr̄ , thom̄ roffen̄ , robertas elyen , johannes norwycen , johannes lincoln̄ , simon sarum , will 's wygorn̄ , walterus bathon , & wellen , & johannes karliol episcopi abbates westmon̄ , sancti edmundi , sancti augustini cantuar̄ , sancti albani , glastonie , burḡ sancti petri rammeseye , thorneye , seleby & malmesbury , sancti petri gloucestr̄ , rogerus comes norff. & mars● . angliae thom̄ comes lancastr̄ , edmundus comes arundell , & quam plures alii praelati magnates , & proceres regui ●ecnon de quolibet comitatu regni ejusdem duo milites & de qualibet civitate duo cives & de quolibet burgo duo burgenses electi per communitates comitatuum civitatuum & burgorum eorundem ad praemissa loco communitatū eorundem tractand ordinand & conscenciend similiter venerunt . quibus praedictis omnibus congregatis coram consilio regis praedicto ipsisque ostenso per idem consilium er parte regis quod de jure coronae regiae auxilium domino regni fieri debuit in casu praedicto ac etiam quod expense multiplices & alia quam plura onera eidem domino regi incumbent ad rebellionem & maliciam roberti de brus proditoris ipsius domini regis & sibi in partibus scotiae adherentium qui adversus ipsum regem jam in illis partibus guerram movere praesumpserunt reprimendas . jidem prelati comites , barones , & alii magnates , necnon milites comitatuum tractatum super hoc cum deliberatione habentes considerantésque aurilium deberi ut praedictum est & quam plura onera regi incumbere propter guerram praedictam tandem unanimiter domino regi concesserunt pro se & tota communitate regni tricesimam partem omnium bonorum suorum temporalium mobilium quae ipsos habere continget in festo sancti michaelis pror , futu● habendam pro auxilio eidem domino regi competente ad miliciam filit sui praedicti ac etiam in auxilium misarum quas ipse est facturus circa guerram praedictam jta tamen quod ista concessio ipsius vel eorum successoribus aut haeredibus futuris temporibus nullatenus cedat in praejudicium , nec in casu hm̄oi trahatur in exemplum et quod in tarando bona praedicta excipiantur omnia que in taxatione qnintedecime a communitate regni domino r. anno regni sui xviiij concesse propter exilium judeorum fuerunt excepta . cives quidem & burgenses civitatum ac burgorum prdictorum ac caeteri de dominicis reg. congregati & super premissis tractatum habentes considerantesque onera domino r. incum●cntia ut praemittitur cidem domino regi unanimiter concesterunt ob causas supradictas vicesimam partem bono . rum suorum mobilium habend ut praedictum est . memorandum quod ad crastinum sanctae trinitatis prox . praeteritum praelati & caeteri magnates regni pro se & tota communitate ejusdem regni concesserunt domino regi tricesimam bonorum suorum omnium temporalium extra civitates burgos & dominica domini regis , & cives , & burgenses , & tenentes dominicorum praedi 〈…〉 orum vicesimam bonorum suorum tam ad militiam edwardi filii regis praedicti quam ad subsidium defensionis terrae scotiae contra robertum de brus & ipsius complites inimicos regis , &c. et forma conce●●ionis supradictae plenius annotatur in memorandis anni praecedentis termino trin̄ et subseripti venientes modo hic concesserunt satisfacere regi pro tricesima & uicesima praedictis ipsos contingentibus ut patet subsequenter . communia de termino sancti hillarii anno xvii e. . recorda . prior de coventr̄ attachiatus fuit ad rendend domino regi de servicio ●cto feodorum militum per ipsum priorem & praedecessores suos regi & progenitoribus suis ab anno . domini regis h. proavi ipsius regis nunc substracto & concelato et ipse prior per henricum de stretford attorn̄ suum venit . et super hoc quia barones plene volunt informari pro rege per rotulos & memoranda sacc̄ii de quibusdam negotium praedictum tangentibus antequam &c. datus est dies eidem priori hic ex assensu willielmi de thorpe servientis regis a die pasche in quindecim dies eo statu , &c. ad quem diem prior venit et quia nondum plene scrutinium , &c. datus est dies eidem priori ex praefixione cur̄ in octabas sanctae trinitatis eo statu , &c. et interim facto scrutinio rotulorum &c. compertum est in rotulo . regis henrici tertii sub titulo de auxilio ad primogenitam filiam regis maritandam videlicet de quolibet scuto xx s. contineri sic prior de coventr̄ reddit compotum de decem libris de decem feodis de quibus quidem decem libris willielmus trussell uicecomes dicti comitatus in compota suo de anno . ipsius regis henrici oneratus fuit inter alia debita quae debebat in fine ejusdem compoti sicut continetur in magno rotulo de eodem anno . & in rotulo . ejusdem regis henrici compertum est etiam in quodam rotulo compotorum titulato auxilium episcoporum abbatum priorum concessum ad sororem regis henrici maritandam fredirico imperatori videlicet de quolibet scuto duas marcas contineri in hunc modum prior de coventr̄ reddit compotum de viginti marcis de eodem . in thesaurario octo marcas et debet duodecim marcas de quibus respondet in warr̄ in rotulo . et in eodem rotulo . requirebantur de ipso priore quindecim marcae de auxilio ad transfretationem regis in vasconiam & duodecim marcae de auxilio ad sororem regis maritand . de quibus quidem duobus debitis idem prior postmodum regi satisfecit sicut continetur in rotulis annalibus de annis . . & . dicti regis henrici tertii . item compettum est in rotulo de servicio regis edwardi filii regis henrici summoni● apud rothelan die dominica in crastino sancti petri ad vincula anno regni sui decimo contra lewelinum filfum griffini & david fratrem ejus & alios walenses quod prior de coventr̄ recogn̄ servicium duorum feodorum militum pro quo finem fecit et in rotulo de finibus factis pro serviciis scotiae anno ejusdem regis edwardi tricesimo primo annotatur quod prior & conventus de coventr̄ recognoverunt servicium duorum feodorum militum & finem fccerunt per quadraginta libras et in rotulo de finibus pro serviciis scociae anno . ejusdem regis edwardi filii regis continetur quod prior de coventr̄ per fratrem johannem holeweye commonachum & attornatum suum recognovit servicium duorum feodorum militum & finem fecit pro eodem per quadraginta marcas . et inter fines factos in scaccario coram tenente locum . thesaurarii & baronibus pro serviciis regi debitis in exercitu scociae anno regis edwardi filii regis edwardi septimo videlicet pro servicio unius feodi viginti marcas continetur quod willielmus herle & robertus de leicestr̄ finem fecerunt cum rege pro priore de coventr̄ pro servicio duorum feodorum militum per quadraginta marcas . et praedictus prior ad praedictas octabas trinitatis venit ut prius per attornatum suum praedictum et willelmus de thorp , & johannes de stoford servientes regis veniunt pro rege . et super hoc expositis praesato priori hiis quae per scrutinium rotusorum inveniuntur ut supra & per ipsum priorem auditis & intellectis isdem servientes regis petunt quod idem prior super hoc respondeat , &c. et praedictus prior dicit quod ipse & praedecessores sui tenuerunt ●mnia terras & tenementa sua tam videlicet ea quae habet in dominico quam in servicio per servicium duorum feodorum militum tantum . et quod dominus rex seu progenitores sin de aliquibus aliis serviciis per ipsum priorem seu praedecessores suos nunquam seisiti fuerunt per finem feu servicium per corpora hominum factum quod liquere poterit per memoranda hujus scaccarii si fiat inde scrutinium , &c. et quoad hoc quod compertum est hic in rotulis , &c. quod tempore dicti regis henrici tertii computatum fuit de certis pecuniae summis de auxiliis eidem regi henrico ad filium suum militem faciendum & sororem suam maritandam concessis . hoc ei non praejudicat in hac parte . dicit enim quod auxilia illa non fuerunt nec censeri possunt esse servicia immo quaedam subsidia per magnates & communitatem regni spontanea & mera voluntate regi concessa & tam de tenentibus aliorum quam de tenentibus de domino rege in capite levanda quo praetextu dictus compotus de auxiliis praedictis fuit tam pro feodis tenentium tunc prioris loci praedicti quam pro feodis ipsius prioris propriis , quod idem prior dicit posse liquere curiae per certificationem tunc prioris loci praedicti tunc baronibus de scaccario de mandato regis henrici factam de feodis quae ipse tunc prior tenuit de veteri feoffamento & de novo super quo certificatum fuit quod feoda quae dictus tunc prior tenuit in dominico & feoda quae tenentes sui de ipso tenuerunt fuerunt in toto decem feoda , &c. et petit judicium desicut ipse tenet omnia terras & tenementa sua per servicium duorum feodor̄ militum tantum , nec sit compertum hic penes scaccarium quod dominus rex seu progenitores sui de aliquibus aliis seu plutibus serviciis per manus dicti prioris seu predecessorum suorum unquam seisiti fuerunt si ipse de aliquo feodo seu hujusmodi servicio concelato impetiri seu calumpnari debet in hac parte . et super hoc quia dicti servientes regis volunt super responso suo deliberare , &c. datus est dies eidem priori hic in octabas santi hillarii ea statu , &c. ad quem diem praedictus prior venit & ob eandem causam qua prius datus est ei dies ulterior hic a die pasche in quindecim dies eodem statu quo prius . ad quem diem idem prior venit & ob dictam causam adjornatur ulterius usque quindenam sanctae trinitatis eo statu , &c. ad quem diem ven̄ & datus est ei dies ulterius usque octabas sancti michaelis anno viz. decimo nono regis hujus ea finis . notes, typically marginal, from the original text notes for div a -e spelm. concil . tom. . p. . erac beltaunia viginti & octo civitatibus quondam nobili●●imis insignita praeter casteila innumera quae 〈◊〉 ipsa muris , turribus , portis ac seris eraut instructa ●●rm●●simis . 〈◊〉 er●l . h●●t . 〈◊〉 . 〈◊〉 c●● 〈◊〉 . xiphilin . è dione cassio p. . impress . basiliae . sp●●m . con 〈…〉 . to●● . . p. . idem tom. . pag. . ●ed . eccles. histor. lib. . antiquit. britanniae , p. . parliamentum synodus magna nuncupatur . somn●●i 〈◊〉 . malme●b . lib. p. . l. . 〈…〉 m. gloss. 〈◊〉 . gemotum , ●ol . . camd. britan. in o. impress . . fol. . lambard de priseis anglor . legibus cap. . sol . . bracton 〈◊〉 . . coke . rep. sol . . plouden . commen . sol . , . 〈◊〉 con●ilia pag. . . chron. ●o●annis br 〈…〉 pton , col. . i 〈…〉 er commu 〈…〉 de term. s 〈…〉 ae 〈◊〉 〈◊〉 . 〈◊〉 . . p 〈…〉 r 〈…〉 domini thesaur . in s●●●ca●io rema 〈…〉 . cha●●a regis 〈◊〉 . will. malm●b . de gestis reg. anglor . l. . pag. ● . b. 〈◊〉 . . ●g . . l. . lib. . mat. 〈◊〉 . pag. 〈◊〉 . 〈…〉 a 〈…〉 lamberdum . s 〈…〉 review of his history of tythes . sir ●oh● da 〈…〉 reports , in his c 〈…〉 of 〈◊〉 〈◊〉 ● . camd. britan. spelmans glossary verbo drenches , pag. . sha●d . in ca● . in ●tin . temp. e. . fol. . b. johannes shardelowe unus justi● . de banco . rot. pat. e. . par● . m. . in ore gladii ( saith he ) regnum adeptus sum , anglorum devicto haraldo rege cum suis complicibus qui mihi regnum cum providentia dei destinatum & beneficio concessionis domini & cognati mei gloriosi regis edwardi concesa●● conati sunt a●s●rre , &c. chart. 〈◊〉 . in inspex . part. . ● e. . membr . ms. penes meipsum . 〈…〉 . 〈…〉 . 〈…〉 . main●●●sh . de gest. pontif. pag. . b. 〈◊〉 . concil . tom. . pag. ● , . 〈◊〉 pi 〈…〉 is 〈◊〉 saith , pag. ●● . nulli gallo datum quod anglo cuiquam injustè sterit ablatum . s●ldeni ad eadm●rum spiceleg . pag. . net. 〈◊〉 〈◊〉 〈◊〉 conquest . 〈◊〉 pag. ●● , . 〈…〉 s●●●●ns titles of honor , pag. . ●em pag . mat. 〈◊〉 in ●●ta sanct● 〈◊〉 abbat 〈…〉 , pag. . mat. pare in vita 〈◊〉 abbat 〈…〉 〈◊〉 l. ● . hoviden pars prior pag. . mat. paris in ●●●a s. a●bani abbatum , pag. . * naturalium . mirror of justices , chap. . pag. . de eventibus anglia lib. . sol . . col. , . ●e●●a● dorob . act. pont. cantuar . p. . 〈◊〉 . . relat. 〈◊〉 primi ad 〈◊〉 tractat . de 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. . 〈◊〉 ti● . of honor , pag. ● . ex car●●lario coenobii 〈◊〉 in bibliotheca c●tton . sub e●●igie 〈◊〉 , a. . provincia , 〈◊〉 . co 〈…〉 , 〈◊〉 ti● . of honor , pag. ●● . 〈◊〉 . glo●● . ti● . provincia , pag. ●● . parlia●●ntum synodus 〈◊〉 ●gn● 〈◊〉 , s 〈…〉 . 〈◊〉 . 〈◊〉 . . fol. . eadm●● 〈◊〉 vita 〈◊〉 . . sol . . l. . an. dom. . 〈…〉 hoveden pars prior pag. . lin. . b. * 〈…〉 ruined 〈◊〉 〈◊〉 . . rot. parl. 〈◊〉 . . art. ● . pultons stat. e. . sol . . king james's first speech to his first parlialiament in england . pulton stat. jacobi , cap. . sol . . king charies the first 's declaration to all his loving subjects , published with the advice of his privy council . exact collectious of declara●ons , pag. , . mat. par. a. d. ● . pag. . l. . in 〈…〉 itio ne qui magnates , viz. comes , baro , miles , seu aliqua al● notabi●●s persona transeat ad partes transmarinas . ro● . c●aus . e. . m. ● . dor●o . sie igitur ist● . modo willi●●●o ●ortuo 〈…〉 rtas frater 〈◊〉 in 〈◊〉 contra inimicos fibi infestos in guerra sua occupatus est , in codem tempore i●te ro 〈…〉 s semper contrarius & adeo innaturalis extiterat baroni bus reg●● arglie quod plenario consensu & consilio totius communi 〈…〉 s r●g●● imposuerunt ei illegitimitatem quod non fuerat procreatus de legitimo th●r● willielmi conquestoris , unde unanimi assensu suo ipsum recutarunt & pro rege omnino recusaverunt & h●nricum fratren in regem 〈◊〉 . henr. de knighton , coll. . cap. . l. . ll. guli●●●ni primi , lamb. sol . , . hac etiam carta habeatur apud mat. pa●is . an. dom. , and . carta modera●ioni . ●●odi magni si●●lli anno 〈◊〉 ●ahannis . ex vete●● registro in archivis . cantuar. archiepiscopi . rot. pat. 〈◊〉 h. . m. . cake . instir. sol . . rastals stat. e. . ll. g 〈…〉 ni primi l●●● . sol . , . camd. britanin . de ordin . angli . e , sol . . w●●● . malmesb. histor. novel , lib. . pag. . l. . b. hoveden pars posterior , pag. . l. . ms. vita tho●e archiepiscopi cant. in bibl. cotton . s●l●e●s titles of honor , fol. . carta moderationis seodi magni sigilli . mat. west●● . pag. . l. . rot. pat. h. . m. . dorso . rastalls stat. pag. . mat. w●●●m . sol . . l. . d● h●ylins stumbling block , pag. . rot parl. e. . n. . mat. 〈◊〉 . an. . p. , . malmisb . lib. 〈◊〉 . pag. . oratio regis henrici ad anglos . mat. paris in vita h. . pag. , . inhibitio nèqui magnates , viz. comes , baro , miles , seualiqua alia notabilis persona transeat ad partes transmarinas . rot. claus. e. . m. . dorso . notes for div a -e rot. parl. e. . n. . pro burgenses de san●●o a 〈…〉 . who sent burgesles to parliament e. . e. . 〈◊〉 . . e. . e. . p 〈…〉 's . part of parliamentary wri●s , pag. 〈◊〉 . those rolls lost , or destoyed . the statute of articuli cleri made the next year after this record cells us that there were divirsa parliamenta temporibus progenitorum suor●● regum ang●●● . coke . instit. 〈◊〉 . . respons . est per concilium . nota , rolls of summons to parliament , were extant this very parliament , rot. claus. e. . m. . selden's titles of honor , fol. , . it appears by the patent roll of e. . that there were parliamenta , and summons to parliament , temporibus progenitorum , & ante annum h. . rot. pat. e. . pars . m. . rot. pat. joh. pars . m. . in the antient subsidy rolls we often meet with the tenants in antient demesne in parliament , and giving subsidies , and it is the opinion of my lord hobart , sol . . that by continuance of time they were discontinued , and it may be one reason thereof was , that it was an ease granted them by the king in favour of their labour of the earth . vide rot. de . & ed. . apud northampton , an. regni sui primo à laicis concessis . rot. de . burgorum regi e. . an . regni sui nono apud 〈◊〉 〈◊〉 . à laicis concessa . in custodia clerici pipae in sc●ccario remanen . rot. pat. joh. pars . m. . inhibitio ne qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . rot. claus. e. . m. . dorso . . negative . . affirmative . mat. paris an. . pag. . l. . pau●●is evolutio di●bus congregantur apud londoniam archiepiscopi , episcopi , abbates , multarumque ecclesiarum praelati cum comitibus & baronibus totius regni ut negotia regni & ecclesiae pertractarent cum theobaldo cantuar. archiepiscopo apostolicae sedis legato , eidem concilio praesidente . mat. paris in vita rob. abb. s. albani an. dom. . pag. . l. . selden's titles of honour , part . sol . . mr. 〈◊〉 animadversions on the lord cokes fourth inst. pag. . mr. paris anno . pag. . an. regni ioh. . 〈◊〉 . parl. 〈◊〉 〈◊〉 . . n. , . and with this agree the scottish laws . et idem rex scotiae dicit sicut prius quod de aliquo regnum s●●m contingente non est a 〈…〉 s nes potest hic respondere inconsultis probis hominibus regni nostri . placita parl. inter johannem regem scotiae & magdulphum . e. . pag. . item ad rolorandum consederationem quondam initam inter ipsum fran●orum regem ex una parte & dictum johannem de balliolo ac praelatos & nihil●s & universitates & communitates civitatum & villarum dicti regni scotiae pro ipsis & eorum haeredibus & successoribus ex altera parte . ex rot. in turri london . prynn's . tom. of ecclesiastical jurisdiction , e. . rot. pat. johannis pars . m. . interdictum , quod vulgariter utlagatio nuncupatur . nam cum sub edwardo tertio in ordinum consessu quaestio habebatur de donatione illa decantatissima johannis regis sacta innocentio papae tertio & successoribus ejus , unde urbanus quintus tum annum inde natum mille marcarum angliae & hiberniae simul nomine censum sibi tunc solvi petehat , &c. ordines universi idque tam generis ●ieratici ( quod mirere ) quàm proceres seu senatus populusque in comitiis illis solenni inita deliberatione responderunt unanimes irritam plane fuisse johannis donationem illam utpote tam sine ordinum assensu quam juramento ejus inaugurali adversam . johannis seldeni ad fletam dissertatio . cap. . fol. . mat. paris . pag. , . nomine baronagii angliae omnes quodammodo regni ordines continerentur . camd. britan . in . de ordin . angliae . fol. . ex chronico adam merimouth in bibliotheca cottoniana sub effigie cleopatrae . a. . p. , . an. dom. . e. . rot. claus e. . m. . in schedula . deliberationem habere cum praelatis & proceribus ( i. e. ) parliamento sine quorum communicato consilio sanctitati vestrae super praedictis non possumus respondere , & jurejurando in coronatione nostra praesiito sumus astricti quod jura regni nostri servabimus illibata , nec aliquid quod diadema tangat regni ejusdem absque ipsorum requisito consilio faciemus . mat. paris . pag. . l. . h. . rot. claus. e. . m. . dorso . 〈…〉 〈◊〉 . 〈…〉 rot. claus. pat. h. . m. . dorso . rot. claus. h. . m. . dorso . rex 〈◊〉 . 〈◊〉 ep 〈…〉 po , &c. in 〈…〉 o parliamento no 〈…〉 o quod suit 〈◊〉 . bracton lib. . cap. . fol. . rot. claus. 〈◊〉 h. . m. , dorso . rot. p●● . ● h. 〈◊〉 . m. 〈◊〉 . dorso . at this parliament was the dreadful sentence or curse published in the great 〈◊〉 it 〈◊〉 . by the clergy gainst the breakers of mag●● 〈◊〉 by consent of parliament . 〈…〉 tals st 〈…〉 . rot. pat. ● h. . m. . n. . de inquisitionibus faciendis per singulos comitatus angliae . rot. pat. h. . m. . henr. &c. saches que pur le profit de nostre rea●me & a la requeste de noz ha●s 〈◊〉 〈◊〉 ●omes e du comun de nostre reaume . rot. pat. . h. . pars unica m. . dorso . forma pacis inter regem & barones . rot. pat. ● h. . m. . dorso . rastals stat. p. . stat. & e. . cap. . where in the parliament holden at m●rton in the h. . rot. parl. h. . p. . n. . nota. this memorable record amongst several others as remarkable , is entirely left out in the exact abridgment of the parliamwnt rolls , published under the name of sir robert cotton , by mr. pryn. 〈…〉 rot. parl. e. . n. . pulton stat. rot. pat. h. . m. . rex archiepiscopis , &c. militi●us & libere ten●ntib●s & omnibus fidelibus s 〈…〉 s per hibernia● , &c. quod in sig●●m fidelitatis ●estr● , &c. libertation regao no●tro angliae a 〈◊〉 vostro & no●is concessis de gratia nostra & dono in regno hiberniae ga●deatis , &c. sed non si● angliae stat●ta oriri possunt dum nedum principis voluntate sed & tot●●s r●gni ass 〈…〉 ipsa cond●●t●r . fortescue , cap. . pag. . bracton . lib. . cap. . fol. . inhibitio nè qui magnates , viz. com●s , bar● , miles , sea aliqua alia notabills persona transeat ad partes transmarinas . rot. claus. e. . m. . dorso . kings vale royal of england , fol. , , . 〈◊〉 〈◊〉 which supp●●cation , though it be not that i know of upon record , yet i have seen very many copies thereof , and particularly i have a copy of it my 〈◊〉 which was written in the year mdlxxxxii . ex li 〈…〉 〈◊〉 the 〈◊〉 〈…〉 aring cestrensis baronet●i ad me m 〈…〉 , anno dom. 〈◊〉 . rot. parl. e. . art . . le convocation n'ad ascun power a faire ascun chose a lier le temporaltie . h. . . et issint le rule e. . . ●t ●ray q' n●l 〈◊〉 oblige le poe●●e 〈◊〉 ; c●● q' est fait par cons●nt del poeple . davis rep. fol. 〈◊〉 . henr. de knighton de eventibus angliae lib. . pag. . l. . an. dom. . e. . v 〈…〉 . coke . insi . fol. ● . 〈…〉 rot. pat. h. . m. . pro ●●ce inter r●g●m & com. glouc. nota , 〈◊〉 earl of 〈…〉 wal , w●● elected king of h●ngary , or almain . ibidem . coke . instit. sol . . articuli c●●●i ex fragmenta . rot. parl. an. h. . rot. pat. h. . m. . intus . d● signo 〈…〉 . for all pa●●●ament ●●●ls of the time of h. . are l 〈…〉 〈◊〉 ▪ 〈…〉 me 〈◊〉 in the parl●●ment ●t o 〈…〉 , in . of the ●ame king , which i have heretofore used by the favour of an honoura●le p●rson that 〈…〉 . 〈◊〉 first part of 〈◊〉 writs , ●ol . ● . 〈…〉 , sol . . p 〈…〉 's stat. 〈◊〉 . ● , , ● , ●● , , , , ●● , ●● , , . vide the writs upon the statutes of 〈…〉 m. . e. . glo●● . e. . de mercatorio●s , e. . de va●●o , e. . declare they were made per commune concilium regni . coke . instit. sol . . all the antientest writs of summons of our temporal lords to great councils , being utterly lost through negligence , or perished through the rust or consumption of time , the very first writ of summons to them , and kalendar of their names , now remaining , is that of h. . prynns register of parliamentary writs , part . sol . . ●●t to point out who they were ( viz. b 〈…〉 mai●res ) that had their first rise by writ of summons until e. . and afterwards , pasteth my skill , there being no publick record that doth make mention of them till then , excepting that of h. . d 〈…〉 pres ▪ to his ba 〈…〉 angliae , tom. . ex ms. 〈…〉 s honorabile● dominum bar. de hollis . pulton's stat. sol . . e. . it is considered and declared by the whole body of this realm now represented by all the estates of the same assembled in this present parliament , that the kings highness , before almighty god , is bound as by the duty of a good christian prince , for the conservation and preservation of the good estate and common-wealth of this his realm , to do all that in him is , to obviate , repress , and redress the said abusions and exactions of annates , or first-fruits . apad capell . rotulor . rot. parl. h. . n. . m r pry●n's preface to s● rob●rt cotton's abridgment of the records i● the tower. rot. pari. 〈◊〉 . n. . 〈◊〉 richard 〈…〉 〈…〉 it rot 〈…〉 pa●●●am●nti 〈◊〉 〈◊〉 suo 〈◊〉 & d 〈…〉 i. lamberd archion . sol . . prynns truth triumphing over falshood , antiquity over novelty , sol . . parliamentum synodus magn● nun 〈…〉 r somneri gloss. cabala sol . . a 〈…〉 . . 〈◊〉 〈◊〉 of the 〈◊〉 world. 〈…〉 . sir 〈◊〉 mor● 's works , sol . . willtelmus rastall s●rviens ad lige● constitatus jast●● . de 〈◊〉 . tesre rege apud 〈◊〉 . ● octobr . 〈◊〉 . par. 〈◊〉 〈◊〉 ● & 〈◊〉 rot. pat. 〈◊〉 h. 〈◊〉 . . 〈◊〉 . 〈…〉 . inquisitio facta ad parliamentam de tristel dermond die mercurii proxima post festion sanctae trinitatis an. h. . coram domino ricardo de rupella capitali justiciario hiberniae & co●am domino hugone de tachmone epi 〈…〉 po midensi tane t●●s●●rari● , &c. ex reg 〈…〉 architpi 〈…〉 dubliniensis . parliament in ireland , a● . h. . ibid. 〈◊〉 . rot. pat. e. . m. . rot. pat. e. . m. . de regi in hibernia con●essa taxand . inhibition ne qui mag●atis , videlicet comes , 〈◊〉 , milis , s●ali ●ua alia notabilis person● transeat a● partes transmarinas . rot claus. e. . m. . . dorso . paul●s aemilius hist. franc. lib. . rot. parl. h. . n. . pars a. approbatio pacis inter r●gna angliae & franciae nuper conclusae . rot. parl. h. . n. . in consimiliforma . the last of which , being the citizens and burgesses , appeared by their representatives or delegates . the portugal history . impress . an. . pag. . p 〈…〉 in hi 〈…〉 th●anus hist. lib. . fol. . tom. 〈◊〉 . regiam majestatem scotiae . apud eundem statuta wilhelmi regis , pag. . cap. . 〈◊〉 statut● alexandri 〈…〉 , pag. ● . 〈◊〉 . . r●● . 〈◊〉 . 〈◊〉 〈◊〉 . 〈◊〉 . . 〈◊〉 〈◊〉 exon. wor 〈…〉 hunt. 〈◊〉 . &c. ex 〈◊〉 in ●●●ri london . e. . 〈◊〉 〈◊〉 〈◊〉 . lib. . cap. . 〈…〉 . 〈◊〉 〈◊〉 〈◊〉 spi●●●● . ●od . de 〈◊〉 . lib. . cap. . objection . eum ●go pl●b●i●m vo●● , qu●m leges nostrae ●ominem leg●●●m appellant , saith a learned man , a lawyer and privy councellor to the famous queen . t●● . s 〈…〉 de rep●● . a 〈…〉 . . cap. . fol. . di p 〈…〉 s. and the archbishops question to the king in the coronation oath runs , si liges & cons 〈…〉 s ab antiquis justis & deo devotis regibus p●●bi anglorum 〈…〉 as . t 〈…〉 i mag●a charta , fol. . answer . r 〈…〉 s stat. pag. ●●p . . ibid. pag. . reges antiqui cùm in chartis mentionem saciant de baronibus , saepe subjungunt , possessivum meis vel nostris , id est regios barones sic distinguant à baronibus , episcoporum , comitum , abbatum , &c. spelm. gloss. tit. baro fol. . anno h. . fitz-herbert abridgment . tit. prescription . fol. . rot. claus. h. . m. . pro hawisia quae fuit uxor johannis filii alani . glanvile lib. . cap. . et hoc debet dominus rex de jure baronibus suis , scilicet quod ob talem causam possunt sui barones curias suas sic in curiam suam ponere . . observation . coke . instit. fol. . articuli super chartas , cap. . note , before h. . magna charta was granted and confirmed several times . rot. pat. h. . n. . rot. claus. h. . m. . dorso . of which last there are several antient transcripts . ms. penes praenobilem will. pierpont . ms. penes sam. baldwin militem servientem domini regis ad legem . ms. penes johannem cook gen . de interiore templo . ms. penes meipsum . h. . hist. ecclesiae angl. apud foxum vol. . pag. . ex ms. domini scales . rot. pat. h. . m. . rot. pat. h. . pars . m. . dorso n. . cok● . instit. fol. . rastall's stat. e. . sol . . statutum de asportatis religiosorum , e. . placita parl. sol . . coke . instit. fol. . rot. de xx 〈◊〉 xv . regi ed. se●●●do apud westm. à ●●lcis concess . ann . regni sui octavo , apud clericum pipae . ibidem consimile anno septimo . consimile anno nono . communitas comitatuum . placita parl. pag. , . rex &c. quia ex querela multorum intelleximus , quod nonnulli magnates , cives & burgenses & alii in libertatibus suis à progenitoribus nostris regibus angliae & nobis eis concessis easdem libertates frequenter excedunt , & sub velami●● libertatum illarum pluribus dampna non modica de die in diem infer●nt . rot. claus. e. . m. . de libertatibus in manu regis re●inend . ex veteri libro statutorum in lingua gallica penes meipsum . nota , the ordinances of the staple were made by a great council , but confirmed and made a statute in the parliament , e. . cap. . ex bundell . pet. parl. . r. . n. , . rot. parl. e. . n. . nobilitas 〈…〉 t d●●lex , superior & inferior . c 〈…〉 . instit. sol . . nobiles minores sunt e 〈…〉 it es sive milites , armigeri & qui 〈◊〉 〈◊〉 & gentlemen 〈◊〉 . camd. brit. sol . . mills de nobilitate politica & civili , ●ol . , . nobilitas causatur ex lo●o , quoniam ci●is ●x 〈◊〉 ●plendida ori●●●us nobilis est . chassene●s c●ralogus gloriae mundi , pars . consid . . causatur etiam ex cl 〈…〉 ra , ●o quod quis est 〈◊〉 〈…〉 icitur nobili● . ib. consid. . pr 〈…〉 ●p●os urbi●m , vicorum & c●stillorum magistratus p●i●a●●s ●●isse dictos . camd. brit. ●ol . . 〈…〉 rot. pat. joh. m. . dor . rot. claus. joh. m. dorso . rot. claus. joh. m. . dorso . mat. paris . a. dom. . pag. . l. . mat. paris . pag. . mat. westm. p. . l. . claus. h. . pars u 〈…〉 , m. . dorso . i●id●m . mat. paris . p. . l. . h. . rot. parl. e. . n. . dorso . pulton's stat. e. . cap. . pag. . mat. paris . an. . h. . ●ol . . l. . mat. westm. fol. . 〈◊〉 . fleta lib. . cap. . d● 〈…〉 tia 〈◊〉 statutum . fol. . rot. pat. ● h. . m. . dorso . ex chro 〈…〉 ms. in bibliotheca ●odleiana inter co 〈…〉 s willielmi a 〈…〉 iscopi cantuar. . k. . mat. paris . f●● . . mat. paris . pag. . l. , . an . h. . nota , king john swore to observe magna charta , and the barons did him homage . rot. pat. joh. pars unica ●n . . n. . rot. parl. e. . n. r 〈…〉 s stat. e. . cap. . 〈…〉 . rot. parl. e. . n. . . rast. stat. e. . pag. , . pupilla oc●li , fol. . cap. . de sen●entia lata super magnam chartam . observation . camd. britan. sol . . selden's titles of honor , in ●● . parte ●● . fol. ● . spelm. gloss. tit. de aldermanis , & multipl●ci magistrata apud anglo-saxonis , sol . , . n●●●●t cantii comites suo ordine percenseam ( omissis saxonibus godwino & aliis ) qul non haereditarii sed officiarii comites erant . camd. britan. cantium , fol. . spelm. gloss. diatriba de baronibus , fol. , , , . spelm. gloss. in 〈◊〉 baron●s , fol. , . ibidem . barouiae plurimae in northumbria , tumque omnino marti se quasi consecrarunt , non est inter cos quispiam melioris notae qui suam turriculam aut munimentum non habeat , & in quamplurimas baronias divisa suit quarum domini olim ante edwardi primi tempora barones vulgo dicti . camd. britan. in sol . . johannis seldeni ad eadmerum & notis & spi●●leg . fol. . camd. britan. in . di ordin . angliae , fol. . t●●inorum enim d●o ●rant genera , majores quos theinos regis appellabant , nos barones regis & theini simpliciter seu theini minores , qui iidem ●rant qui barones minores & non●unquam libere tenentes nuncupantm . spelm. gloss. p. ● . ms. vetus in bibliothica cotton . sub effigie cleopatrae charactere contempora●●o . litterae ad concilium . mat. paris . histor . an. dom. . pag. . l. . mat. paris . an. eodem , p. . l. . ypodigma n●ustriae , p. . ex ms. praenotat● . litterae uni 〈…〉 an 〈…〉 〈◊〉 papam . mat. paris . p. . l. . an . ● h. . edwardus , &c. 〈◊〉 . ebor. &c. o 〈…〉 ns . 〈◊〉 c●m ad parliament● i● quib●s tam n 〈…〉 i 〈◊〉 regni nostri negotia di●●nt 〈◊〉 , 〈◊〉 , comites , barones , & alios tam clericos quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 negotia hujusmodi consilium salubr●●s poterit 〈◊〉 . brevia regis de an . e. . in turri london . mat. paris . ● . l. 〈◊〉 . an. d 〈…〉 . . rot. claus. h. . in . . dorso . nota the various appellations and phrases of these two parliaments . barones , 〈…〉 lites , & u 〈…〉 sitas baronagii regni angliae . tota universitas regni . magnates & universitas regni . totius regni magnates . universitas baronagii angliae . barones , proceres & magnates 〈◊〉 nobiles portuum maris habitatores , nec non clerus & populus universus . par 〈…〉 t. mat. westm. an. dom. . p. . l. . re 〈…〉 regis archiepiscopo cant. ad literas apostolicas . mat. 〈◊〉 . a. d. . e. . p. ● . l ● . 〈…〉 walsmgham in vita e. . 〈…〉 ol . ● . l. . a 〈…〉 fo 〈…〉 m 〈…〉 vo● . 〈◊〉 . p. . rot. parl. 〈◊〉 〈…〉 . 〈…〉 〈…〉 notes for div a -e objection . solution . distinction . distinction . . distinction . 〈◊〉 . 〈…〉 〈◊〉 . rot. cart. . johannis m. 〈◊〉 . n. . rot. claus. . johannis m. . 〈◊〉 ne q●● magnates , viz. c●mes 〈◊〉 miles s●u aliqua alia notabilis pers●na transeat ad partes transmarinas , rot. claus. e. . m. . . dorso . rot. pat. . johannis m. . dorso . rot. pat. . johannis m. 〈◊〉 . dorso . rot. pa. & 〈◊〉 n. . 〈…〉 〈…〉 . rot. pat. johannis m. 〈◊〉 . 〈◊〉 . 〈◊〉 gloss. 〈◊〉 〈◊〉 〈◊〉 . mat. westm. anno . johannis . m. s. penes dominum samuelem baldwin ser●ientem domini regis ad legem . m. s. p 〈…〉 s johannes cook gener●sum de interiori templo . m. s. statutorum penes meip●m . rot. claus. h. . m. . derso . mat. paris pag. . l. . anno ●om . . parones angliae concesserunt regi henrico . partem omnium mobilium & cattallorum totius angliae pro libertatious s 〈…〉 s rex ●channes pater eis concesserat & charta confoma●erat apud runemed , 〈◊〉 m. s. radi cogg 〈…〉 . nota. anno . h. . rex henricus dedit & co 〈…〉 it hominibus de regno angliae libertates & liber●s c●●s●et●dines sicut 〈◊〉 in ●●●bus antiquis & fecit ●is i●de chartas duas 〈◊〉 de libertatibus & liberis consuetudi●ibus regni aliam de libertatibus forestae p●o ha● donatione & co 〈…〉 one dederunt regi 〈…〉 decimum denarium per 〈◊〉 angliam . ●x 〈◊〉 chronico , 〈◊〉 . s. 〈◊〉 bibliotheca dodleiana inter codices will. archiep. can●●ar . 〈◊〉 〈◊〉 . . rot. statur . e. . m. . co●● . instit. c. . fol. . rex h. . exigit ab huberto de burgo quod ei respondeat de co●lectione totius quintaedeci 〈…〉 q●● per commune concilium totius regni 〈◊〉 & 〈◊〉 〈◊〉 in d●pos●to . mat. par●s addit . pag. . l. ● . all the ancient writs upon magna charta say , that it was made per commune conci 〈…〉 〈◊〉 . inter communi● de termino s. hillary e. . recorda penes rememoratorem domini regis in scaccario . warr. de priere de coventr . attach . pro transgressione . bracton , 〈◊〉 cap. ● . sol . 〈◊〉 . rex angliae neque per se aut ministros suos subsidia , aut alia quaevis onera imponit ligeis suis si●e assensu toti●s regni sui in parliamento suo expresso . fortescue de la●dibus legum angliae , cap. . pa. . 〈◊〉 〈◊〉 . & a 〈…〉 inistratione arglorum , tho. smith , 〈◊〉 . . cap. . 〈◊〉 . . . it 〈◊〉 were needful , i could give numbers of records , that prove the 〈◊〉 tention of s●●h prescription high 〈…〉 . p 〈…〉 〈◊〉 . 〈◊〉 t 〈…〉 in s 〈…〉 〈◊〉 . carta regis 〈…〉 t. nota , the parties of the witena-gemot or parl. fide●es , i. e. oies qui in principis alicujus ditione spnt vulgo sub●ecti , spel. gloss. . nota , here we find that the knights were in the saxon and dani●h commune comitum , or parliament in king ●nuts reign , hen. primus rex , eadmeri historiae novorum , lib. . pa. . 〈◊〉 . 〈◊〉 . henricus primus rex . eadmeri hi●● . novorum , ●●b . . pa. . alexander the 〈◊〉 . 〈◊〉 the various 〈◊〉 of the general councll ●o parliament of 〈…〉 〈◊〉 〈◊〉 〈◊〉 , co● . . 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 . hen. 〈◊〉 rot. par. e. . n. . . quod omnes tangit ab omnibus approbatur . vide argument the th , pa. . usque ad sinem . rot. pat. . johannis pars . m. . rot. claus. . johannis m. . rot. pat. j●hannis m. . rex mittit domino papae pro auxilio adversus baronis angliae . pat. johannis m. . dorse . rex scribit pape ut su●●urrat 〈◊〉 q●oniam 〈◊〉 & singulare praesidium suum post deum habuit in papa . rot. pat. h. . m. . dorso . vide pa. . , . se● p● . 〈◊〉 . , 〈…〉 . collo 〈…〉 〈◊〉 parliamento , spell . gloss. . rot. pat. vascon . & h. . m. . n. . de magnae carta tenenda . rot. pat. h. . m. . hiberniae . vide the ninth argument , pa. . . ibidem . hiberniae ? rot. pat. h. . m. . pro rege & barnagio angliae . nota , the different denominations of the parliament or common council of this year . . proc●res & fideles regni . . baronagium angliae . . parliamentum , rot. pat. h. . m. . n. . . haus homes c prodes homes e comune de reaume . rot. pat. h. . m. . vide pa. . rot. pat. h. . m. de pace inter regem & r. comitem glouc. nota. in those ancient times pardons by parliament , wherein the commons gave their counsel and assent , were thought safe and requisite . ibidem . rot. pat. e. . pars . m. . quod nullus imprisonetur &c. pro morte petri de gaveston . purve● est & grante per nos & per ercevesques , evesques , abbes , priors , countes , barons , & per tote la comunalty de nostre roialme a nostre parlement &c. uniment assentuz est & accordez that all that had a hand in the death of pierce gaveston should be pardoned . ro. pat. e. . m. . de perdon . pro com. lanc ' . the king in parliament pardoned the earl of lancaster . consentientibus praelatis proceribus & communitate regni ibidem congregatis . rot. pat. e. . m. . andrew de hethford , who was a principal citizen of london , and a villanous instrument of the two spincers in e. . time , was de assensu praelatorum comitum & totius communitatis regni in parliamento , pardoned all homicides , robberies , burglaries , fellonies , appeals , &c. rot. pat. e. . m. . de perdonatione pro communitate civitatis london . de assensu praelat . com. bar. & totius communitatis regni pro homicidiis rebell . &c. ad sectam regis , & de appellis per quoscunque illatis . penes rememorator domini toes . in sacco . anglia de auxilio concesso ed miliciam sil regis . anno e. . consil ' intracio de codem termino penes rememorator . regis in sacc . rot. . vide pa. . not● . bar. quinque port●●m . nota. not the concilium here meant , was all the great officers of state , the judges and others the kings learned council in parliament . nota , in the ensuing record the milites commitatuum , and barones quinque porcuum are comprehended under the words magnates regni . inter comm●●ia brevia ae termino s. michaelis anno e. . penes rememorator . domini thesaurarii in scacca●io . nota , in the former record praelati , comites , barones , & alii magnates , neonon milites . commitat●um granted a joint aid to the king , and here it is said , that the praelati & c●teri magnates regni gave it , so as the knights of the counties , and barons of the cinque ports are comprehe●ded under the name mag●ate● . penes rememorator . domini regis in scacc ' . warr. de priore de coventr . attach . pro transgressione . vide pa. . 〈◊〉 〈◊〉 the curtaine drawne, or, the parliament exposed to view the names of the members yet living of both houses of parliament forceably secluded by the army in , or since excluded by a few of their fellow members, confirming that force which they formerly disowned. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the curtaine drawne, or, the parliament exposed to view the names of the members yet living of both houses of parliament forceably secluded by the army in , or since excluded by a few of their fellow members, confirming that force which they formerly disowned. prynne, william, - . p. printed for henry brome ..., london : . caption title. attributed to william prynne. cf. bm. imprint from colophon. reproduction of original in harvard university libraries. eng england and wales. -- parliament. a r (wing p ). civilwar no the curtaine drawne, or the parliament exposed to view. the names of the members yet living of both houses of parliament forceably secluded prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the curtaine drawne , or the parliament exposed to view . the names of the members yet living of both houses of parliament forceably secluded by the army in . or since excluded by a few of their fellow members , confirming that force which they formerly disowned . the house of peeres earles . the earle of northumberland . the earle of rutland . the earl● of pembrock . and s●tting as commons the earle of saulsbury , and s●tting as commons the earle of warwick . the earle of exeter . the earle of lincolne . the earle of nottingham , the earle of manchester . the earle of denbigh . the earle of oxford . the earle of bridgwater . the earle of elgi● . the earle of winchelsey . the earle of dorset . the earle of middlesex . viscounts . the lord viscount . say and seale . the lord viscount conway . barons . the lord gray of warke . the lord dacres . the lord north . the lord roberts . the lord montague . the lord wharton . the lord barckley . the lord brook . the ●ord rochford . the lord daincourt , the lord stanbose . the lord maynard . the lord craven . of the house of commons . bed●ordsheire . knight . sir roger burg●yne . burg. sir b●achamp saint iohn . sir samuell luke . buckinghamsheire . burg. major generall browne . william drak . esquire . francis drak . esquire . peregrin hobby . esquire . barksheire● burg. richard winwood . esquire . robert packer . esquire . cornwell . knight . hugh . buskawen . burg. thomas ●ewen . esquire . george k●kewich . esquire . thomas pouey . esquire . fr●ncis hollis . esquire . thomas walller . esquire . iohn thomas . esquire . iohn thynne . esquire . henry willes . esquire . iohn arundell . esquire . francis buller . esquir . sir thomas tre●or . iohn carew . esquire . william prynn . esquire . lionell copley . e●quire . mr. tempell . charles l. car. earle of an●ram● richard eris●y . esquire . william pries●ley . e●quire . thomas dacres . esquire . cumberland . knight . richard tolson . esquire . cambridgshire . knights . sir dudly north . sir francis russell . burg. henry lucas . esquire . nathaniell bacon . esquire . cheshire . knight . sir george booth . chester citty . ci●t . william edward . esquire . iohn ratcliffe . kecor●●● . darbyshire . knight . sir iohn curson . devons●ire . knigh● william morrice . esquire . citt. simon sno● . esquire . burg. sir iohn young . iohn mainard . serjant at law . sir edmuud powell . edmund powell . esquire . eliez . crimes . esquire . charles pim. esquire . sir francis drake . baronelt . robert shapcot . esquire . sir io. northcot . kn. and baronet . cha●les vaughan . esquire . edward thomas . esquire . samuell browne . serjant at law . christopher martin . esquire . dorsetshire . burg. george scutt . esquire . denzell hollis . esquire . sir walter earle . knight . iohn bond . dr. of law . thomas ceelie . e●quire . essex burg. sir harbo●le grimston . sir iohn clo●worthy . capel luckin . esquire . gloucestershire . knigh● sir iohn seymer . burg. nathaniell stephens . esquire . edward stephens . esquire . iohn stephens . esquire . huntingtonshire . knight . edward montague . esquire . burg. george montague . esqui●e . har●●ordshire . knights . sir william litton . sir thomas dacres . burg. richard iennings . esquire . edward wingate . esquire . herefordshire . knight . edward harly . e●quire . hereford citty . citt. benet hoskins . esquire . burg. robert andrewes . esquire . iohn birch . esquire . kent . knight . iohn boyes . esquire . burg. thomas twisdin . serjant at law . linc●nshire . burg. sir anthony irby . william wray . esquire . coll. edward rossiter . thomas hatcher . esquire . lancashire . knights . sir ralph ashton . sir richard haughton . burg. sir robert benloes . coll. robert shuttleworth . peter brock . esquire . richard shuttleworth . esquire . middlesex . knight . sir gilbert gerard . baronet . westminster . citt. iohn glynne . serjant at law . william bell . london . citt. sir thomas sonme . samuell vassall monmouthshire . northamptonshire . burg. william lord fitzwilliams . sir richard nappier . richard knightley . esquire . iohn crew . esquire . sir martin lister . norfolk . knights . sir iohn potts . sir iohn palgrave . burg. sir iohn holland . iohn spilman . esquire . northumberland . knights . sir iohn fennick . william fennick . esquire . burg. robert ellison . esquire . robert scowen . esquire . iohn fienni● . esquire . oxfordshire . knights . thomas viscount wenman . iames fiennes . esquire . oxford citty . citt. iohn dayly . esquire . iohn nixon . alderman . burg. sir robert pye . nathaniell fiennis . esquire . surrey . knights . sir richard onslow . sir ambrose browne . burg. iohn eveling . esquire . edward bish. esquire . george eveling . esquire . william owfeild . esquire . staffordshire . knght. iohn bower . esquire . burg. iohn swin●en . esquire . coll. edward leigh . samuell terrick shropsheire knight . sir iohn corbet . burg. thomas hunt. esquire , robert clives . esquire . william pierpoint . esquire . esay thomas . esquire . southampton . knights . coll. rich. whitehead . esquire . coll. richard norton . esquire . burg. sir iohn leigh . sir . iohn barrington . sir william w●ller . iohn button . esquire , sir william lewis . sir henry worsley . iohn bunckley . esquire . suffolke . burg. sir philip parker . knt. alexander bence . maurice barrow . esquire sir thomas barnardiston . francis bacon . somersetsheire . knight . george h●rner . esquire . bristoll citty . . burg. alexander popham . esquire . coll. william strode . esquire . thomas hodges esquire . thomas grove . esquire . william carrent . esquire . sussex . . chishester . citty . citt. sir iohn temple . henry peck . esquire . burg. harbert springe● . esquire . arthur onslow . esquire . paul ravenscroft . esquire . westmorland . knight . henry laurence . esquire . wiltsheire . knight . iames harbert . esquire . burg. william wheeler . esquire . edward baynton . esquire . thomas moore esquire . sir nevill poole . henry hung●rford . esquire . sir iohn eveling . walter long . esquire . edward poole . esquire . major gen. edward m●ssey esquire . worcestersheire . . burg. iohn nash . esquire . samuell gardner . warwicksheire . coventry . citt. iohn barker . alderman . yorksheire . . burg. sir charles egerton henry stapleton . esquire . william ayscough . esquire . iohn nelthorpe . henry arthington . sir henry cholmley . cinque ports . sir iohn pelham . henry oxenden , esquire . samuell gott . esquire . sir norton knatchboull . sir edward partrige . charles rich. esquire . sir thomas parker . frantis gerard . esquire . wales . anglesey . . william iones . burg , brecknock . lodowick lewis . burg. cardigansheire . sir richard price . knight . carmarthensheire . coll. iohn lloyd . knight . carnaruansheire . richard wynne . esquire . knight william foxwi●t . burg. denbighsheire . sir thomas middleton , knight flintsheire . iohn trevor . esquire . knight . thomas middleton . burg. pembrocksheire . arthur owin esquire . knight . sir robert needham . burg. montgomerysheire . edward vaughan . esquire . knight r●dnorsheire . arthur annesly . esquire . knight . robert harley . esquire . burg. the remainder of the house of commons , which have excluded both houses , and yet sit themselves . buckinghamsheire knights . edmund west . esquire . george fleetwood . esquire . brg. iohn do●mer . esquire . thomas scot . simon mayne . rich. ingolsby . esquire . bulstrode whitlock . berksheire . knight . henry martin . esquire , burg. cornelius holland . daniell b●agrave . edward dunch . esquire . cornwall . burg. william say . sir iohn trevor . iohn feilder . esquire . nicholas gold . cambridge vniversity . burg. iohn lowrey . cheshire . knight . sir vvilliam brereton derby-town . burg. nathaniel hollowes alderman . devonshire . burg. oliver saint●iohn esq. philip skipp●n esq. dorsetshire . burg. iohn pyne esquire roger hill esq , john bingham esq. john tranchard esq essex . burg. sir henry mildmay gloucester . citt. thomas pury . john lenntal esq. huntingtonshire . knight . valentine vvalton , esq. kent . knight . augustin skinner burg. sir thomas walsingham . sir michael lievesey . augustine garland . lincolnesheire . burg. thomas lister . esquire . william ellis . esquire . leicestersheire . knight . sir arthur h●sel●ig burg : peter temple esq. london . citt. isaac pennington northamptonsheire . knight . sir gilbert pickering nottinghamsheire . knights . john hutchinson esq. jeruise piggot esq burg. gilbert millington . norfolke . citt. erasmus earle esq. burg. miles corbet . northumberland , burg. sir thomas widdrington oxfordshire . burg. william lenthall esq. rutlandshire . knights . sir james harrington , thomas vvaite esq. surry . burg. george thompson , lord mouns●n , john . goodwin . esq. staffordshire . knight . thomas crompton esq. burg. sir peter vventworth john corbet esq. southampton . burg. john lisle esq. nicholas love esq lord lis●le , vvilliam hevingham . robert vvallop esq. s●ffolk . burg : john gurdon , brampton gu●don . somersettshire . burg. james ash esq. sir thomas vvorth . vvalter st●ickl●n , dr palmer sussex . burg. william cawley esq. harbert morley esq. robert goodwin esq. john baker esq. john downes . harbert hayes . wiltshire . knight . edmund ludlow . citt. michaell oldsworth . john dove . burg. robert reynolds . robert ●icell esq , worcestersheire . john wild serj●nt at lavv . yorkshire . burg. luke robinson esq. sir john bourcher . thomas chaloner . franeis thorpe . james nelthorp . vvilliam vvhite , henry darley , richard darly , cinque ports . john fagg , esq. benjamin vvilson , esq. vvales . cardigan . thomas vv●gan , burg. glamorganshire algernon sidney , burg. merione●hshire . john jones . knight . by this list of the members of both houses , it appears that the members now sitting , or having liberty to sit , which call themselves the parliament , are in number but eighty nine , viz. sixteen knights of shires , six citizens , sixty seven burgesses . wherof for kn● . citt. burg. buckinghamshire berkshire cornwall cam●ri●g cheshire derby devonshire dorse●shire essex sir henry mildmay●lone gloucester huntingtonshire kent lincolnshire leicestershire london northamptonshire nottinghamshire norfolk norwich northumberland oxfordshire ru●landshire surrey staffordshire sou●●ampton suffolke sumersetshire sussex wiltshire , salsbury vvorcestershire yorkshire cinqu● ports wales marioneth cardigan glamorgan so that th●●● are dead , or excluded , or vvithdravvn , by reason of the secl●sion . seventy foure knights of shires , thirty tvvo citizens , three hundred and fourteen burgesses . wh●rof bedfordshire knights . berkshire cornwall cambridgeshire cheshire darbyshire devonshire do●setshire essex gloucestershire h●ntingtons●ire hartfordshire herefordshire kent lincolnshire leicest●rshire la●cashire middlesex monmouthshir● northamptonshire norf●lk northumberland oxfordshire surrey staffordshir● shropshire southampton suffolke somersetshire sussex westmerland wiltshire worcestershire warwickshire yorkshire walor anglesey breaknock cardiganshire carmarthenshire carnarvanshire . denbighshire flintshire glam●rganshire pembrockshire mongomeryshire radnashire citiz●ns dead or excluded of the citties of london yorke bristoll norwich chester ex●ester oxford lincoln worcester chicester carlisle cantorbury rochester bath , &c. winchester . coventry , &c. westminster so that all the cities and countreys almost in england and wales , have no knights nor citizens to represent them in parliament , ●●t the affairs of the three kingdoms , are carried by the burgesses of a fevv inconsiderable burroughs , vvho have excluded the rest of the members of both houses . they have also discharged the parliament of scotland , and the parliament of ireland , give lavvs to impose taxes on both , vvhich no english parliament did in former times , nor they novv do by lavv . by vvhich means , instead of three famous parliaments of th●se three renovvned kingdomes , vve have nothing left , if the vvill and force of a fevv men may prevail , but a small piece of the parliament of england . observations upon the afore mentioned list . . that in former times , and in the primitive condition of this parliament , upon the death or disabling of any member , the keeper or speaker gave his warrant for a nevv writ , that no place might vvant some to represent them . . former ages never knevv that vvay , or rather counted it dishonest , as vvell as unjust and illegal , for a fevv , and those not the chief of the house of commons , to make use of a mercenary force of inva●e●al and apostate englishmen , to possesse themselves of the legislative povver , to the injurie of the vvhole parliament , ( vvhich should consist of above six hundred ) and all the people . . the major part of the house of commons , vvhich are excluded by force , are so used , for over-voting the house from the minor part ; whereas till this iron age ( though bin for dissenting in the house ) never any that attended , vvere hindred from sitting , or excluded from free voting . . if those fevv vvho sit , had convenient modestie , they vvould not think the vvisdom of these three kingdoms vvere under their hoods , vvhen there are so many and vvise personages in them nor judge their own forcible exclusion by the arm ●●min●ions , vvhen so fevv , vvhen themselves by force seclude and eject so many . london , printed for henry brome , at the gun in ivy-lane . . finis . a letter from a true and lawfull member of parliament, and one faithfully engaged with it, from the beginning of the war to the end. to one of the lords of his highness councell, upon occasion of the last declaration, shewing the reasons of their proceedings for securing the peace of the commonwealth, published on the th of october . clarendon, edward hyde, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from a true and lawfull member of parliament, and one faithfully engaged with it, from the beginning of the war to the end. to one of the lords of his highness councell, upon occasion of the last declaration, shewing the reasons of their proceedings for securing the peace of the commonwealth, published on the th of october . clarendon, edward hyde, earl of, - . , [ ] p. s.n.], [holland? : printed in the year . true and lawfull member of parliament = edward hyde, earl of clarendon. with an initial blank leaf. suggested place of publication from wing. annotation on thomason copy: "july ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a letter from a true and lawfull member of parliament, and one faithfully engaged with it, from the beginning of the war to the end.: to on clarendon, edward hyde, earl of b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a true and lawfull member of parliament , and one faithfully engaged with it , from the beginning of the war to the end . to one of the lords of his highness councell , upon occasion of the last declaration , shewing the reasons of their proceedings for securing the peace of the commonwealth , published on the th of october . printed in the year . a letter from a true and lawfull member of parliament , and one faithfully engaged with it from the beginning of the war to the end . sir , because you accuse me so much of want of temper , and say that i am angry with you , when i cannot answer your arguments , and so that insteed of finding a way to be of one minde , we loose our selves in passion , and love each other worse than when we came first together : i have taken this uncholerique way of discoursing with you , and to inform you ( since you enjoyne me to use the same freedome with you , as if you were a private person ) why i am so farr from approving your declaration of the th of october , as an act agreeable to any rules of right and justice , or an expedient to promote the peace and security of the publique , that i take it to be inconsistent with the elements of law , equity and religion , and even destructive to the private interest of those , for whose preservation it seemes to be intended ; and in the doing hereof , i shall first answer your argumenta ad hominem ; those reasons by which you thought to have wrought upon my passions and infirmities , and to have induced me not to have found fault with that , which could do no harme to any body i care for , and which i might in some degree be obliged to defend , in order to the support of somewhat else , which i my self , have done and countenanced . you tell me , that none are concerned in this declaration , or in the most rigorous execution of it , but the cavaliers , a people towards whose reduction to the low , and wretched condition they are now in , you say , no man hath contributed more than my self , and that i do confess my self to have been much deceived , and to have deceived others , to have been in the wrong , nay , to be guilty of all the innocent blood that hath been spilt in this quarrell , if i , as well as you , do not prosecute those people to the utmost , upon whom we have layd all that guilt ; and who will shew little favour toward us , if once they grow to have no need of ours . i shall have so much occasion , upon severall parts of your declaration , to speak of the case of the cavaliers , and how necessary it is that justice be observed even towards them , and of the consequence , and the concernment that all sorts of men have in the administration of of that which is right and equitable , and how unsafe it is for the publique , if the due current of law and justice in respect of any persons be perverted , that i shall in this place only put you in minde of the inhibition given in the parable of the sowers , to those over-good husbands , who would make such haste to free the field from weeds ; the master said , nay , least whilst you gather up the tares , you root up also the wheat with them . there is no man who reads your declaration , and considers it , but discerns plainly , that under pretence of gathering those tares , vexing the poor cavaliers , whom you do not finde to grow so fast , as much to disturbe your corne , and which you intend at last but to gather , according to your severall appetites and passions of loving and hating this or that man , or as you covet their estates , not as they are dangerous to the publique peace , you root up the pretious wheat , all the laws and foundations of right , which are the onely security of every honest and free-born englishman ; and that in truth no person of the royall party is more concerned in this arbitrary , extravagant and unparalel'd act of tyranny , than every man , who hath served the parliament with the most fidelity throughout that war against the late king , if he do not submit to the present power , and endeavour to reforme and suppresse that , which you cannot but believe involves a very considerable number of men , who have deserved as well of their country , and have been and are as great assertors of the liberty thereof , as any person , who consented to the publishing that declaration ; and therefore it is no wonder if you finde me , and i suppose many more , who are not suspected to be over-inclined to the cavaliers , no less offended at your resolution and proceedings , than they have good reason to be to your tendernes of my reputation , least i suffer in my credit , by differing now with you , which you say is no less than to confess that i have been deceived heretofore , and that i have deceived others , who were engaged in the quarrell by my advise , or my example , though i will not answer you in the language of a much wiser man , even the excellent philip de comines . that a prince , or any other man , who hath never been deceived , can be but a beast , because he understands not the difference between good and evill ; yet i may tell you , that whosoever hath not been deceived in the current of these last fifteen years , hath been preserved from being so , by such an absence of friendship , confidence and charity in and to mankinde , by such a measure of distrust , jealousie and villany in his nature , that i had rather be a dog than that man : for my self i am not ashamed to confesse before god and the world , that i have been much deceived , miserably , and wretchedly deceived , but not half so much , nor so inexcusably as i shall be , if ever i trust those again , who have so much deceived me , or if i believe that my ruine and destruction is not as much designed by this declaration , as any cavaliers whatsoever ; and that i may not hereafter trouble you in this discourse concerning my self , or with my own story , i will very ingenuously confesse to you in this place , my part in the warre that was carried on between the last king and parliament , and then you will see how like i am to be immoderately inclined to the royall party , and yet how unsecure i am from being buryed in the same ruine , that is prepared to overwhelme them , and consequently , whether i have not reason to protest and prepare against those , who threaten me with that ruine . when i was returned by vertue of the kings writ to serve my country in parliament , i brought with me all that affection to the liberty and benefit of my countrey , as the condition of it required , and all that reverence and duty to the king , that was agreeable to the oaths i & every man there took , before we could sit in that convention ; and truly i had no more desire to alter the fundamentall government of church and state , than you have to restore it : i will not deny to you , that after a short time of sitting there , the continuall feaver of the house made my pulse beat higher too , and the prejudice i had to some persons in power , and authority , from whom , as i thought , i had received some hard measure , lessened my esteem and opinion of the court ; then , the lords free concurrence in whatsoever we proposed , and the kings as ready granting whatsoever we desired , made me thinke my self in the number of those , who were to governe all the world , and insensibly i found my self a greater man , than i had before imagined i was : i chose the conversation of those who were believed most intent and solicitous to free the subject from the vexations and pressures he had been made liable to , and i thought them the most competent judges of the remedies , which were to be applyed to those diseases , which they had so exactly discovered : in a word i believed all they said , and out of the innate reverence i had for parliaments , i concluded it impossible for any thing to flow from thence , that could bring damage or inconvenience to king or people , wherein how much i have been deceived , the world knows , and i am not ashamed to acknowledge : and this opinion and resignation of my self to that infallible guide , made me neither strictly weigh what they did , nor patiently hear those objections , which i could not answer ; thinking worse of the persons who objected , than of the things they objected against . when the matter of the militia was first handled , i had no other understanding of it , than as i had observed it had been exercised very unequitably by the lords lieutenants and their deputyes , and therefore i hearkened willingly to those lawyers , who confidently averr'd , it was not in the crown ; yet the greatest reason , that perswaded me to joyne with those , who would presse the king in it , was , that i thought and was assured , that he who had till then granted all we asked , would not then begin to deny ; besides that i saw most of his councell and servants , who were of both houses engaged in the same party and importunity . when so many members of both houses left the parliament and went to the king , i could not deny that very many of them were persons of great integrity and eminent lovers of their countrey ; yet i thought their condition so desperate , that a serjeant at armes would have reduced them all , and was resolved not to imbarke my self in so hopelesse a dependance ; the parliament being to common understanding possessed of the whole strength of the kingdome : nor had i ever the least apprehension of a warre , till we heard that some of our troops were defeated by worcester ; and that the king began to gather an army about shrewsbury , which yet i thought would never have looked ours in the face ; but that the king would upon some treaty have given my lord of essex leave to have guarded him to westminster ; and that all , who had obeyed the parliament , should have had offices , preferments and rewards , and this perswasion never departed from me , till we saw the kings army drawing down edghill towards us the morning before that battell . from that time i wished we had been to begin again , and that we had left off to aske , when the king was resolved to grant no more ; i remember three nights after i was quartered neer warwick at the house of a minister , whom i had known long before , and who was then fled , being reckoned one of the prelaticall party , and so not taking himself to be secure among our troops , which were not eminent for civility towards that part of the clergy ; i understood he was hid amongst his neighbours , and thereupon sent to him to return home , assuring him he should be very safe ▪ he came very willingly , and told me he could not fear the receiving any injury where i commanded , and so entertained me with much cheerfulness during the time i stayed there : sitting with him one evening , i told him , i believed the loss of blood on both sides , had so much allayed all distempers , that there would be no need of drawing more , but that the king and the parliament would easily come to a treaty , and compose all differences , and extinguish all jealousies , that had been between them . he smiled , and said , he had read a story in aelian , that when in one of the states of greece , nicippus his sheep brought forth a lyon , it was generally and justly concluded , that it portended a tyranny , and change of the state from a peaceable to a bloody government , and it fell out accordingly : truly sir , said he , when the two houses of parliament produced a soveraign power , to make a generall , raise an army , and to declare war , after that milde and innocent sheepe , that legall venerable councell had once brought forth that lyon , which seeks whom he may devoure , i gave over all my hopes of the continuance of that blessed , calme and temperate state of government , by which every man eat the fruit of his own vine ; and i expect nothing but rapine , blood and desolation ; and if you have those hopes you mention , you will finde your self disappointed ; and that they , who you think are of the same minde with you , have nothing less in their purposes than peace , or to perform one promise they have made to the people ; but they resolve to change the whole frame of government , and to sacrifice the wealth and tranquillity of their country to their own ambition , covetousness , and revenge ; and when once they discern that you will not pursue their most violent courses , they will more endeavour your destruction , than of them against whom you are both now so unanimously engaged . this discourse , which i then considered onely as proceeding from the spirit of a man , who i knew approved nothing that we did , afterwards made impression upon me , and i discerned every day men recede from the grounds they had before seemed to consent to , and to be less inclined to overtures of peace , than they had formerly appeared to have been ; yet upon those specious reasons ; that our onely security consisted in keeping so much power in our own hands , that it might not be in the kings power to do us hurt ; that if we receded from those propositions , which we had pressed the king to grant , we should shortly be bereaved of those good laws he had already granted ; at least , it would be necessary in all treaties to insert , and in some degree to insist upon those propositions ( how extravagant soever ) that by departing from them , we might pretend to pay a valuable consideration for those concessions , which we must still require from the king for our own indemnity ; and by these means our treaties came to nothing , the treators being never left at liberty to recede from those unreasonable propositions , which were therefore made unreasonable ( as was pretended ) that they might be receded from . i will not deny to you , that when upon the kings successes , commissioners were sent to invite the scots to our assistance , and i saw a great army of that nation ready to enter the kingdome upon those unworthy conditions on our part , that ought never to have been submitted to , i was in that perplexity , that i thought of nothing but casting my self at the kings feet ; i was ashamed , that having so long reproached the king with designs of calling over forreign forces , as if the affections of his people should fail in any thing that was just for him to attempt ; and having prevailed so far upon the people by those reproaches , we our selves should call in a forreign army to help us , and after we had pretended to ask nothing of the king but what the people would not be contented without , and therefore because the kingdome generally did desire and expect it , that we our selves should draw in an army of strangers , of which there could be no need , if it were not to impose that upon the kingdome , which it did not desire : i called to minde , that plutarch seemed to commend lysander , for having thought it less dishonour and reproach unto the grecians to be overcome by other grecians , than to go slatter the barbarous people , and seek to them that had gold and silver enough , but otherwise no goodness or honesty . i remembred what a costly visit they had made to us two years before , and did truly believe , that what we could suffer from one another , could be nothing to the lasting calamity they would bring upon us , who ( i was confident ) could never be a means of restoring peace and happiness to the kingdom . in a word , i thought of nothing more , than of renouncing those who had so apparently renounced their professions , and of cordially joyning with the king's party . whil'st i was thus resolved , i heard of the cold reception they had , who were already gone to oxford , and that the court there carried it self , as if it could do its business without help , and thought themselves losers , by passing by any thing that had been done amiss . the anger and indignation i contracted hereupon , made me change my purpose , and to revolve , that if others should be of the same minde i had been , and desert the parliament , there would be none left to make reasonable conditions for them , who had been engaged in the quarrel , which i perswaded my self would at some time be done . and i was sure , that though we might have exceeded our jurisdiction , and done many unlawfull things , our being together was still lawfull ; and whil'st it was so , we should at last , upon good or ill fortune , be parties to such an agreement , as would secure our selves who staid , which was more than they could promise themselves who went away : hereupon i was fixed , never more to think of quitting the parliament , but to run its fortune ; and accordingly i proceeded to the end of the war , and never left the house , notwithstanding the several factions and animosities , and the violence and tumults which i much disliked , untill i was with the m●jor part of the house of commons , kept from thence by the army , and used in that scornfull manner , as is notorious enough , because after the treaty at the isle of wight , i desired that an agreement should be made with the king . i have troubled you with this short recollection of my part in this business , that you may see how far i have been from favouring cavaliers , by whom i have had the honour to be thought so considerable , that i was alwayes excepted from pardon in those proclamations and declarations , which then issued out . whil'st there was a war carried on by the parliament , i ventured my life , and lost my blood in that war ; and whil'st there was a parliament , i continued in the service of it ; and since that time , i have enjoyed my self in as much peace and tranquillity as the calamities of the time would suffer me , and without further opposing the present power , than in my heart not submitting to it , or taking it to have any colour of law , or justice , or religion , or reason to support it . and as i do heartily ask god forgiveness for the ill i have been guilty of during the war , so i do humbly thank his divine majestie for preserving me from the guilt of the ill that hath been done since ; and i hope the remembrance of the former , or apprehension of any thing that may be the consequence of it , shall never work upon me to approve the latter . and so i come to your declaration it self , the several parts whereof i shall speak to , without observing precisely the order they are in , but taking the liberty to marshal them according to my own way and method . let me then begin with complaining , that you assume to your selves throughout the declaration , the stile of the best affected of the nation , of those with whom the honour and interest of the english nation is deposited , and indeed of the nation it self ; and reckon all , who are not pleased with the government you have so manifestly usurped , enemies to the nation ; which you must give us leave , who have sweat and bled more than any of you , for the interest and liberty of the nation , and are sure a more considerable part of it , both in weight and measure , to take very ill of you . we cannot , we must not , endure to have it believed , that the english nation is shrunk into my lord protector and his highness councel , who all together had not the interest of one common village when these troubles began ; you may be such a nation as god threatned his chosen people withall in deuteronomy , a nation of fierce countenance , which shall not regard the person of the old , nor shew favour to the young . the latine translation renders it , gentem impudentem , an insolent sort of people , that cared neither for god nor man . the grammarians give the stile usually to sects , or professions of men , natio philosophorum , natio poetarum ; and among the jews , the sect of the pharisees was frequently called the nation of the pharisees ; you will finde in josephus a very lively description of them , who , he sayes were so much addicted to self opinion , and boasted themselves to be the exactest observers of the law in all the country , to whom the women were very much addicted , as to those who were much beloved of god , as in outward appearance they made shew to be ; these were such as durst oppose themselves against kings , full of fraud , arrogancy and rebellion , presuming to raise war upon their motions of spirit , and to rebel and offend their princes at their pleasure ; and whereas all the nation of the jews had sworn to be faithfull to caesar , and to the estate of the king , those onely refused to take the oath : so far he . and if you please this nation , you may be , except you choose rather ( for you bear great love and affection to the jews ) to be of their fourth sect , which the same author tells you was founded by judas of galilee , and accorded in all things with the pharisees , but that they were so extreamly zealous for , and jealous of their liberty ; that they onely acknowledged one god to be lord and master of all things , and had rather themselves , with their dearest children and kinsfolk , endure the most greivous and bitter torments that could be imagined , than call any mortal man their lord . and this is the antientest record , i think , can be produced for those friends of yours , who have lifted you up to the height you are now at , though it is plain your selves are retired enough from those inconvenient scruples . be what other nation you will , how far you are from being the english nation , or that part of it which is tender of , and like to advance its interests , must appear in the further examination of the principles of your declaration . since you would have it believed , that no part of the english nation can be concerned in , or hurt by this destroying act , but onely the royal party ; you should so clearly have set down the guilt of those you punish , and the rules by which you punish , that no innocent man could have thought himself involved in the one , or in the reach of the other : it had been to be wished , that since you take upon you to execute justice and judgement for the nation , you had , according to the good old custome alwayes observed in those judicatories , plainly set out the known laws of the land , by which such and such actions are declared to be crimes , and by which those crimes are to be punished in that degree ; it being no more in the judges power to exceed the punishment prescribed , than to declare that to be a crime , which no law hath declared to be so : whereas without quoting one judged case in law , or citing one statute for your ground , or mentioning one precedent to justifie your manner of proceeding , you wrap up your discourse in metaphysical notions , and conclude by deductions from the law , and light of nature , and from the dictates of reason ; a reason so abstracted from practice , and so difficult to be understood , that we may well apprehend , that we shall hereafter be concluded guilty , and condemned , before we are accused , or able to accuse our selves ; and therefore it is not out of kindness to them , that we now endeavour to state the true case of the royal party , the crime they are charged with in this declaration , the judgement that is inflicted upon them , and the grounds of that judgement , that we may from thence be able to conclude , how far we are from their case , and consequently how secure we are from being liable to their punishments . the case then of the royal party is this . after a war waged for some years between the king and the parliament , after several great successes on the parliaments side , the kings armies and garrisons are reduced to those streights , that they thought fit to make conditions ; they do not confess that they owe their admission to compound for their estates , or the moderation that was used in it , to that excess of good nature you reproach them with in your declaration . but they say it was upon a full contract between the parliament and them , and upon articles of surrender on their part of those places of strength which remained then in their possession ; the which , together with their acquiescence from further opposing us , we of the parliaments party ( they say ) then thought a valuable consideration for any concessions we then made to them ; and that they had the publick faith of the parliament for the punctual and exact performance of the articles on our part . that by our thus treating with them , and their compounding with us , we raised a vast sum of money for the support of our armies , without which we had been in many streights ; and if they had not totally declined any further thoughts of opposing us , amongst so many discontents which then raged in the parliament , the army , and amongst the scots , it is not probable that we should have carried all before us with so little resistance as we did ; so that the advantage we got by their compounding , was not small or inconsiderable . that we were so far from requiring them to change their principles ( other than their no further assisting the king in a war against the parliament , the which himself at the same time declined , and betook himself to treaties ) that there was a special provision in all articles against any such pressure . that we of the parliaments party were so far from urging them to wave their allegiance to the king , that we professed the same with them in all our professions , declarations , and protestations ; and that the crime we accused them of , and obliged them to compound for , was , for their offences against the king and parliament , and therefore the pardon drawn by order of parliament , was granted to them in the kings name , and passed under the great seal of england : so that they were , and are by that ( according to the fundamental laws of england , which are the onely security every subject hath for the enjoying his property and his liberty ) free and absolved from all manner of offences committed before the grant of that pardon ; and by it put into as full a possession of their estates , and all the rights of a subject of england , as they before enjoyed ; and if they have committed no offence since that time against the laws of the land , they are , and ought to be accounted in the same condition with us , and not in any degree to be troubled for more than what they have done since . and this is in truth the state of the royal party , without strengthening it by any consideration of the act of grace and oblivion , which was afterwards granted to them . whether those articles have been so punctually performed as you say ; whether that court , which was purposely erected to do them justice in that particular , was erected soon enough , and before they were broken with intollerable oppression ; or whether that court hath since executed justice so effectually on their behalf , as you declare , i leave to themselves to make manifest ; being in truth ( as i said before ) no otherwise concerned for them , than as the equal administration of justice to all sorts of people , is , and must be , the foundation of peace and happiness to any commonwealth , according to the ordinance of god himself , he that ruleth over men , must be just , ruling in the fear of god . where there is not exact and precise justice , there can be no fear of god , pretend what you will ; and you cannot but have heard , that very many learned and pious men have attributed the ill success which the christians received in the several attempts which have been made , with so vast a consumpsion of men and treasure in the holy land , to that perfidious breach of faith made by the christians , after the first taking of jerusalem , in the year . when after mercy proclaimed to all that would lay down arms , it was concluded necessary for their defence ) upon the rumour or apprehension of the approach of a new enemy , and the number of the captives being very great ) to put all the turks to the sword , which was performed accordingly , without favour to age or sex , three dayes after their promise made , to the infinite reproach of christian religion ; though ( as my author sayes ) some slew them with the same zeal that saul slew the gibeonites , and thought it unfit that those goats should live in the sheeps pasture . but the noble tancred was highly displeased at it , and knew that christianity abhorred any such violation of contract , and expected the miserable success that attended it . and it may be , that unjust proceeding might be one of the reasons that moved our robert of normandy to refuse that crown which was then offered him , and afterwards conferred on godfrey of bulloigne . we have set down the state and security they were in by that agreement and pardon ; let us in the next place examin how they become reprobate , & fallen from that state of grace , and what the crimes are which you now object to them . before you opening the design , you prepare us to be content with very slender evidence , by telling us , that conspirators are a sly and secret generation of men , whose walks are ever in the dark , and the measure of all their feet cannot be exactly taken and compared . truly if they walk so much in the dark , that they cannot be found out to be tryed , they ought not to be found out to be executed : yet in the very preliminaries to the conspiracy , you charge them with matters as evident and manifestable in their nature , as any part of a conspiracy can be . that persons were sent from hence to charles stuart with letters of credit , and a considerable sum of money . that a select number of persons were chosen by the name of a sealed knot , who were to reside about london , and to keep and maintain correspondence with those of their party beyond sea ; both which are particulars , if true , as easy to be made appear to be , as levying of war , or any other act of outrage . you have ordinances severe enough against those , who send money to charles stuart ; or those , who correspond with them ; produce the persons , make good the charge , and we shall not thinke our selves in danger by your sentence upon them ; but , if you will infer , that because he is not starved abroad , he is supported from hence : and that all , who do not wish you your hearts desire , conspire to promote his interest , we must not consent to such consequences , in which we are no lesse involved , than they . you speake of one fitz-james , who went from hence to the late kings eldest son , then at paris to promote some designe of assassination of particular persons ; of a conjunction between him and john gerard ; of major henshaws going to paris concerning the same designe , and that charles stuart refused to see him , but relyed on gerard and fitz-james , to whom he gave precise directions , that they should not make their attempt , till all his friends were ready in england : then you say , there was one boswell , and also one pierce , and severall other persons imployed at other times for those assassinations , and had laid the place and manner of execution ; and the meanes whereby to attempt it ; all the particulars whereof ( you say ) would be too large to set down ; as it would the severall gratious providences of god in the disappointing of them . truly , if this short recollection of such important particulars be only to put you in minde in your devotions , to acknowledge to that providence , those signall deliverances , you may be as reserved in the discovery as you please ; but if you desire to engage us in the belief that such attempts have been reall , and in a detestation of the abettors of them , you ought to enlarge your selves in the relation , and to publish such evidence as may satisfy the world , that your deliverances have been more than from your owne imaginations . what the other persons are you mention , i meet with no body that knows ; and for fitz-james , i hear all those of the royall party , who upon the publishing this declaration have occasion enough to speake of him , say , that they alwayes looked upon him , as a spy of yours , and not of their party ; and you may remember , when you and i were once walking in james's parke , and he passing by , i asked you who he was , you told me that you hoped by the meanes of that gentleman , that dunkirke would be shortly put into your hands , it being then in the hands of the french ; and that he was newly returned from thence , with some assurance to that purpose ; how he came so soone after to be so dangerous an enemy to you , and so much trusted by your enemies , i cannot imagine , and had need to be made manifest by some authentique testimony . you proceede in hudling up another designe , of working upon discontented humors , which are observed to be stirring in the nation upon pretences of liberty , and the rights of the free-borne people of england , which were supposed to be infringed by keeping up an army , and by enforcing taxes from them , and by not calling free & equall representatives , chosen by all the people ; and then you accuse john wildeman and some others of the like principles ( whom you do not name ) as fitting instruments for managing that part of crying for liberty : and these you say , were to carry on a designe , which should in outward appearance be different from the other , although in truth it came from the same root , and was directed to the same end . and you say john wildeman had brought his part to such maturity , that he wanted very little , but the open declaring himself in armes , having in effect finished his declaration , which was to be published upon that occasion , and the time you say did fully answer the rising designed by the royall party , which fell out but a few dayes after : when you say , there was another insurrection that was to keep company with this , and that part of your army in scotland should have mutined , surprized their generals , thrown off their officers , and marched up to london under the command of major generall overton : whereas you forget , that no longer ago , than in page t● of your declaration , you say it was the principall business of those , who were sent with letters of credit and a considerable summe of money , to assure charles stuart , that the reason why the nobility and gentry , and bulke of the kingdom of england , ( which they said were episcopall , and of his former party , ) did not rise with him upon his late march from scotland , was , because he was believed to have gone upon grounds disagreeable , both to their affections and interests , and also to the good of the nation , and inconsistent with the ancient constitutions both of church and state ; but that if he would return to his former principles , to wit , to cast himself totally upon his old party , they would venture both their lives and fortunes for his recovery . and in page . after the affaires grew apace into a ripenes , and some were of opinion , that they should take in some persons who had been for the parliament , you say , it was denyed upon this reason , that seeing they had no need of them , as their affaires then stood , it would be prejudiciall to his majesties service , and their common interest , to take in persons , whom they should afterwards be troubled to be rid of . how comes it then to passe , that this severe royall party , without regard to their principles , on a suddaine should incorporate it self with john wildeman , and major generall overton , who in their severall stations , have most advanced that interest , which is most destructive to theirs ; and who have never been suspected for inclination to episcopacy ; and your selves tell us , after you have amused us with the discourse of john wildeman , and major generall overton , that those , that were to be made use of to bring the designe to pass , were the revellers , who did not , as you hope , intend to serve the interest of charles stuart . what the merit of those two persons hath been towards the commonwealth , is enough known to all lovers of their countrey ; nor can their reputation be blasted by such obscure insinuations . it is now many moneths since they have been in your hands , under a very strict restraint , and if you could prove any thing against them of adhering to the royall party , and promoting that interest , you would have used the same expedition in proceeding against them , as you have done against those at salisbury and exeter , and therefore we have reason to conclude , that their being so honestly concerned for the liberty and rights of the free-born people of england ; their supposing it to be infringed by keeping up an army , and by enforcing taxes from them , and by not calling a free and equall representative chosen by all the people , is their crime and guilt , and if you cast in all those ▪ who are of the same opinion with them , into the royall party , and think to make them odious , under that imputation , you will indeed make a party strong enough to vindicate a very royall quarrel● and interest . the cleer matter of fact , which seemes to have some manifestation , is this , that some persons have been particularly trusted in this kingdom by charles stuart , to dispose the people to a generall rising , to provide money , to buy armes and munition ; and if they could to surprize some sea town ; that he himself was so pleased to hear how carefull and solicitous they were for him , that though out of the tendernes he had for his friends , he had deferr'd to call upon them , till he could give them encouragement from abroad ; yet since that came on so lowly , he would no longer restrain their affections ; but if they were able to make any handsome appearance in any one place , he would be sure himself with them , and sent them word , that he would to that purpose keep himself within a reasonable distance ; and this letter was writ in july . neer eight moneths before appearance of trouble . after this , to make good his promise , he removed himself from cologne into zealand , on purpose to attend the rising , and the lord wilmot , wagstaff and oneile came over actually to conduct and lead the design , and agreed to make their attempt upon the twelve of march . an insurrection accordingly was made in the west , and had in all probability encreased , if it had not been seasonably suppressed : that in yorkshire separated , as soone or before they came together , and so in all other places , and thus by the goodness of god that bloody design was prevented ; yet ( you say ) some who run away from their rendezvous , did it with a resolution to take a better opportunity , when the government in confidence of the present successe shall be secure , and lesse aware of them , and they are at this day at worke upon other designes both here and in scotland , to begin new troubles and rebellions amongst us ; and this is the charge of what they have done . let us now see the inferences that are drawn from hence , and the judgement that is given thereupon , and it will be then easily discerned , whether we , ( who are not accused of the guilt , for you say the designe was generall , and levelled against all those , who had upon any account whatsoever adhered to , and owned this cause ) are not by those inferences to be made lyable to the same judgement , when ever you conclude it convenient to your affaires that we undergo it . you inferre from your own narration ( the truth whereof i have nothing to do to question ) that their pretended king , who was ready to embarque for england , would never have put himself in the eye and face of the world , if those , who shewed themselves in armes , were to have no other seconds but what appeared ; and you say , it cannot be imagined , that the lord wilmot and wagstaf , and others , would have run so great hazards upon so weak grounds ; or that those gentlemen who did actually rise , could suppose that the army would be so easily over-run , and therefore you conclude , that what was done by them , proceeded from the consent of the whole party , and upon this assumption , you adjudge their libertyes and their fortunes to be at your mercy ; and that all the pardons and acts of indempnity , which have been passed on their behalf , are void ; and rather aggravations of their guilt , than security against any other judgement you will hereafter passe against , or upon them . is it possible , that you can satisfy your own consciences with this kinde of argumentations or can you believe your army strong enough to impose this tax upon mens understanding , tha● they shall think your proceeding consistent with justice , or agreeable to reason ? it had been more suitable to your greatnes , and more ●●spect to the nation , to have shut up westminster-hall , that old conservatory of our liberties , and to cause over the gates thereof , and in the front of your commissions to be engraven in letters of steel , that short adage of the poet ; — pro foedere , proque justitia est ensis : — than to imagine that you could compose their minds with this declaration ; can you think it a good argument , that the whole party intended to rise , and so ground enough to judge them , because their pretended king , the lord wilmot and some others believed they would ? and do you not rather think their not rising , when if they had , they might have given us all trouble , an argument that they never intended it ? you say , that the first of the three things which were chiefly designed by them in this business , was , to prepare and engage every individuall man of their own party , who had either been in the former warrs , or had been a friend unto them , or was likely by reason of his alliance , breeding , or discontents , to engage therein , who being engaged , were to bring all their tenants , and those who depended upon them : and also to lay designes for the possessing of garrisons and strong holds . and is it not very manifest by no one mans appearing with all his tenants , and very few mens appearing who had tenants , by their not possessing one garrison , or strong hold , or house , that what design soever some particular persons might have , the whole party did in no degree cherish or assist the design ? shall the presence of those who were there , though many probably might not know what they came about , be enough to condemn them , and shall not the absence of others , except you can prove they were at least privy to what was designed , absolve them ? you say , that what major generall overton designed , was to be brought to passe by the levellers , and some others , who did not ( as you hope ) intend to serve the interest of charles stuart . and why have you not so much charity for the royall party , of which there did not appeare enough at any rendezvous ( salisbury onely excepted ) to put you to the trouble of dispersing them , to hope that whatever the lord wilmot and the rest intended , to bring to passe by them , they never thought to second them ? it can neither be just in it self , nor prudent in you , to give the royall party cause to believe , that they hold their liberties and estates by no better a tenure , than the good behaviour of every man who keeps them company , or hath been heretofore engaged in the same quarrell with them ; that the earl of kingston , who therefore compounded , because he had a great estate to enjoy , should loose his , when ever major generall wagstaffe shall rebell against you , who never compounded , because he had nothing to save , and will be alwayes venturing , because he hath nothing to loose . you have not reduced the royall party into a corporation , that by the misdemeanour of some of the members , their charter should be avoided : they of them , who never had pardon , have received no benefit by what the other procured for themselves , and there is no reason they who compounded with you , should without committing new faults , receive prejudice by the transgressions of other men . can you imagine , that they who were admitted by you to compound , would ever have been at the charge and trouble of it , if they had thought they should incurre any danger , or pay the penalty , for any attempts made by the excepted persons ? as long as they , who are not suffered to live amongst you , are projecting against you ( as they will alwayes be ) must not the rest , who dwell at home as much as you , enjoy what is their own ? in a word , every man compounded for himself , sued out his own pardon , and can only be punished for his own offences : and it is expresly provided for by severall statutes of magna charta , that no man shall be condemned without being brought to his answer , and how the sworne judges of the law , who do not relieve those , who demand protection from them for their liberties or estates , will answer the breach of their duty and their oaths i cannot foresee ; especially , if they remember , what the lord chief justice cooke puts them in minde of , in his pleas of the crown , printed by order of parliament . that it was enacted in the first year of h. . that the lords , nor the judges shall never be admitted to say , that they durst not for fear of death to speak the truth . for my own part , i am content , that i was one of that partie , which reduced them to a necessitie of compounding , and admitted them to conpound upon such terms , that they might enjoy their countrey with some satisfaction and comfort : let it be your glory , to breake and violate all those conditions , and to be recorded , as those were by the excellent historian , in the declination of the roman state from justice and honour : ignavissimi homines per summum scelus , omnia ea sociis adimêre , quae fortissimi viri victores hostibus reliquerunt ; that you have by transcendent wickednes and tyranny stripped them of all , whilst they lived as friends peaceably with you , and under you , which we were contented they should enjoy , af●er we had conquered them as enemies : and so let them stand or fall , as they can . i come now to consider , how we , who are not yet accused by you , may expect upon the same inferences , to have the same judgement let loose upon us , which for the present you intend shall immediatly destroy only the royall partie : you will not suffer us to think it strange , that so many persons are secured , although they were not visibly in armes , upon the late insurrection , or that you have laid a burthen upon their estates , beyond what is imposed upon the rest of the nation , towards the defraying that charge , of which they are the occasion : you have at present in custodie under the same generall reproach persons , who from the beginning to the end of the warr , served the parliament as faithfully and as eminently , as any who were members of it : now it is not probable , that they would have engaged themselves in so unequall an enterprize , if they had not expected to be seconded by their friends , why should not we therfore looke to be involved under the same judgment ? you say , john wildeman , and others of the like principles , were most fitting instruments for the carrying on the design , and that major generall overton was to make use of the levellers , and it cannot be supposed , that they would have proceeded so far , without having some assurance of assistance from their party , and i pray then where is the difference between the levellers , those who insist upon the rights and liberties of the free-borne people of england , who would have taxes taken off , and a free and equall representative ( those are their crimes ) and the royall partie which is condemned , because some of their friends appeared in the insurrection ? it is plaine enough , what they are in due time to expect at your hands , who in the last parliament insisted to have part of the army disbanded , which you insinuate , was done upon no lesse than combination with that partie you have condemned : but we need not take such paines by such inferences to discover your good purposes towards us , you have ingenuously declared , that your quarrell is against all , who retaine their old principles , and still adhere to their former interest in direct opposition to the government established : let the old principles retained , be what they will , and the interest adhered to what it will , parliamentarie principles and parliamentarie interest , presbyterian principles and presbyterian interest , independent principles and independent interest , if it be in direct opposition to the government established , the same measure of persecution must be their portion , which you would have us thinke is only now assigned to the cavaliers . alas it is not their principles you are angry with , but their obstinate adhering to their obligations , and their interest ; let them depart from those , and no longer oppose the government established , and you will like them the better for their principles : the truth is , you thinke none worthy of their estates , but they who have their principles , and therefore you resolve to take both estates and principles to your selves : no other principles will serve your turne , witness the weekly sermons preached by your proselytes , of obedience , and subjection to government ; so diametrically contrary to what the same men preached in the beginning of these troubles , that if their sermons of the year . were bound up in the same volume with those they preached in and , they might be taken to be vincent and yorke bound together , by their invectives , contradictions and positions ; and prin and mountague are not more unlike , than this off-spring begotten by the same parents ; witness the principles and grounds of this declaration and judgement , which are more arbitrary and tyrannical than ever were vented or laid down , and owned by the most exorbitant person of the royal party , which pulls up all property and liberty by the roots , reduces all our law , common and statute , to the dictates of your own will , and all reason to that which you , and you alone , will call reason of state , and which we are obliged in the next place to examine , as our parva charta , and the funeral oration upon parliaments , law , conscience , and equity , and we shall then see how near our condition is to that of the poor sicilians , which plutarch tells us of , when the two captains , calippus and pharax , professed they would set sicily at liberty , and drive out the tyrants , but did in truth exercise so much cruelty upon the people , and brought them to such calamity and misery , that ( he sayes ) all that they had ever suffered under all the tyrants , seemed to be pleasure and delight , to the insupportable yoke of servitude they were forced to submit to under those reformers ; and they desired nothing more , than to exchange the liberty they had so dearly purchased , for the government they had so foolishly wished to be freed from . your first principle is , that as well the articles of war , as the favour and grace granted by the act of oblivion , contained in them a reciprocation . as there did a real benefit accrew to the grantees , so certainly there was a good intended and designed by them to the state ; and if the state do not attain their end , neither ought the other to accomplish theirs : from hence you argue , that none have signed to articles of war , that are not conditional ; and that when those , who received those articles , resolved to break the conditions , they had not then the consent of those that gave them . let us speak first to the articles of war ; and if you had not a wonderfull delight to make easy things hard , and to perplex the common people with difficult words , you could not apply this discourse to your purpose : nor do articles of war contain any secret conditions that are not expressed . the reciprocation is , that one delivers what he is in express tearms obliged to deliver , and thereupon that he receives what was promised that he should receive ; if he performs not his promise at the time he is engaged , or imbezel any thing he promised to deliver , he hath forfeited the benefit that should accrew to him by the articles . but when he hath performed his part ( i speak purely of the articles of war ) he is not obliged to change his party , nor to love those with whom he hath capitulated , nor shall forfeit the benefit due to him by those articles , though he should seize the town delivered by him within one month after , except he were by his articles expresly restrained from any such attempt . for the act of oblivion , you declare , that must needs be meant as an obligation upon the enemy , and as a proper means to take away the enmity contracted by the war , intending by mercy to reform those who had opposed , &c. and that this doth imply such a condition in the nature of it . whereas in truth any condition is contrary to , very inconsistent with the nature of it ; nothing more absolute , nothing less conditional , than an act of oblivion , which wipes out all that is past , without the least prospect to come . nor are they alwayes granted out of mercy , but from conveniency , when they who give them usually receive as much benefit from them , as they to whom they are granted ; when the number or power of the guilty is too great and too hard for the innocent , the latter are more concerned to give , than the other to receive the act of oblivion , in which of old there used to be this clause , ne quis eam rem ( whatsoever it was they had been guilty of ) joco seriove cuiquam exprobraret ; which if it were an essential clause , hath been very ill observed by you . you heighten this doctrine by a very notable maxim , in the point of pardons , which you say are alwayes granted with clauses of good behaviour , either explicit or implicit , because else whosoever granted them , le ts loose a delinquent to future offence ; and he that answers not the end and consideration of the pardon , cannot in reason be said ever to accept it ; for , you say , an oblivion was not onely intended of the offences , whereby they had rendred themselves obnoxious , but that this kindness should be answered with obedience on their part , and produce a real change in their principles and interest , as to the common cause . i have heard , that it is usual that men , who plead their pardon for any capital offence , are obliged to finde sureties for their good behaviour : but i never heard , that for the breach of the good behaviour , they were proceeded against , and executed for their old offence , as if they had no pardon , that is sure against the nature of the pardon . nay , if a man be pardoned under the great seal of england for the highest treason , and afterwards commit a new treason , he shall not , without a new process , be executed for the old , but must be formally convicted for the new , and can be punished onely for that ; nor can the former be any other aggravation , than to make him appear less worthy of a new mercy . but let us see now how far this new law , and new logick , concerns our selves ; and first , give me leave to put you a case , which may or might have much concerned one of your own body ; and we finde those instances illustrate most , which come nearest to our own interest . my lord commissioner fynes ( who they say was the sole architect of this goodly structure , your declaration ) was , you know , once governour of bristol , and for the base surrendring that city to the late king's forces , out of want of courage to defend , was adjudged by a court of war at saint albans , to lose his head ; my lord of essex , according to the authority he then had , gave him his pardon under his hand and seal , by which alone he was preserved from execution . now the intention of that pardon was , that this kindness should be answered with obedience on his part , and that he should not swerve from the principles of that cause then in contest ▪ nor from his affection to that general , who gave him his life . how far he hath been from performing those conditions , all the world knows , and yet he would not sure be willing to forfeit the benefit of his pardon . another intention of that pardon , was , that he should have courage and magnanimity to discharge any trust the state should confer upon him , without being corrupted with fear or hope , to betray it : if he shall by money or threats be wrought upon to do injustice in the place in which he is trusted , since he that answers not the end and consideration of the pardon , cannot in reason be said ever to accept it , shall he forfeit the benefit thereof , and lose his head upon the former judgement ? have you forgotten how many persons stand secured by your act of oblivion and pardon , besides the royal party ? and will you , that you may elude the one , lay down those rules , which must cancel the peace and quiet of the other ? what have many faithfull people of the city , and other good patriots , to secure them for many things they did during the contest between and in the two houses of parliament , and whil'st one part went to the army , and the other remained in their places , but acts of oblivion and pardon ? what have the agitators of the army , and indeed those parts of the army it self , not inconsiderable , who upon several occasions refused to obey their orders , and sometimes mutined against their officers , to secure them that they should not lose their heads to morrow , but acts of oblivion and pardon ? and must they now be told of intentions in granting them , which they never heard of ? and that if the state do not attain their end , in such an obedience on their part , as produces a real change in their principles and interest , all is voyd that hath been done , and they liable to the same punishment , as if no such acts had passed ? if this be their case , they had need provide other security for themselves . your next principle is worthy of your selves , and a fit corner-stone for your foundation of tyrannie , that forbearance from outward actions will not avail nor entitle to the benefit of the pardon , if yet there be malice and revenge in the heart , and such a leaning and adhering to the old interest , that nothing is wanting for the discovery thereof , but a fitting opportunity ; for ( you say ) as such men cannot in justice and ingenuity claim the benefit of an act of favour from that supream magistrate , to whom they know themselves to be enemies : so neither is that magistrate bound in justice before god or men to give it to them , if he hath reason to believe from the course of their conversations , that they are such , and that their intentions towards the government , under which they live , are the same as when they were in open arms against it , and is at liberty to carry himself towards them , as if no such act had been ; nay , he may proceed against them with greater severity , &c. truly if this be so , the large bulk of our laws and records , which establish our liberty , and our property , may be reduced into a very small volume ; and we are so much the worse for the reformation you have wrought , that we have not onely fought away our arms , but all those rights for which we took them up . and if after all our clamour against oaths ex officio , and mens being compelled to accuse themselves , against the star-chamber , and the high-commission , we are now to be undone for the thoughts of our heart , and our intentions towards the government , and that you will take upon you to know those thoughts and intentions , and that not from any thing we know or do our selves , but from the course of our conversation , which may be from what others say or do , with whom we converse ; it is more than time for us either to seek security in some other climate , where this day of judgement is not yet come to pass , or so to purge our own , that we may be out of the danger of those , who with impious presumption take upon them to do that office , and make that inquisition into the hearts of men , which god almighty hath reserved for himself , and who will then proceed with less rigour upon what he knows , than these terrible inquisitors do , upon what they unreasonably say they have reason to believe . let us revolve the vast treasure we have lost , and compare it with the nothing we possess . the law sayes , no man shall be punished , if his offence be not proved by credible witnesses ; this declaration sayes , though we abstain from any unlawfull action , we shall be punished for the malice and revenge in our heart . the law sayes , that a conspiracy to levy war , is no treason , except there be a levying of war in facto ; your declaration sayes , if you have reason to believe that we have evil intentions against the government , we are without any right or title to any thing we enjoy , and are at your mercy to dispose of us as you please ; which is the lowest condition of traitors . if this be liberty , what nation in europe lives in servitude ? i have been longer than i meant to have been , and therefore i shall onely mention one more of your principles ; which if machiavel's prince , hob's leviathan , and all other institutions of tyrannie were lost , would be sufficient to avoyd all established laws , and insensibly to bring the freest people into the most insupportable bondage , and to resolve all obligations of government into the good will and pleasure of the governour . that if the supream magistrate were in these cases tyed up to the ordinary rules , and had not a liberty to proceed upon illustrations of reason , against those who are continually suspected , there would be wanting in such a state the means of common safety . the illustration of reason is this ; that when they who are peaceably minded in the nation , are ready to say , these are the men of whom we go in danger , it is both just and necessary that all those , of whom the people have reason to be afraid , should pay for securing the state against that danger which they are the authors of . if you thought it operae praetium to have given any satisfaction to the poor people of the nation , for whose liberty you are so zealous , and that it were not below you to make your commands appear reasonable , to which you expect precise obedience , being able , as you say , to give many pregnant instances , that former times have held this way of proceeding just and reasonable , as well in this , as in other nations , you would have vouchsafed to have given one , especially since you say , such have been in the memory of several persons now living . that which came nearest it , yet strayed at a great distance from it , seems the resolution of the judges in the case of ship money , which were with so great detestation condemned by the parliament , and your selves , before you were in a posture of governing , and for which they paid so dearly : yet in that case there was to be real necessity , an imminent danger that the supream authority might foresee , as the sentinel discovers the enemy first , and so was bound to provide against : but that your fears must be so complyed with , that armies must be raised to secure you , and whosoever you are pleased to be afraid of , must be compelled to defray the charge of those armies , is a doctrine never heard of before this declaration ; and your fear is so usefull to you , that no proportion of courage would do your business half so well . oportet neminem esse sapientiorem legibus , is a maxim in the law ; and what is that arbitrary power we have so long inveighed against , made so many men odious with the reproach of , made , but the endeavour to set up an arbitrary government , the abridgement of all treason , against which we first took up arms ; and for the rooting out of which , we have shed and lost so much blood , what is it but the assuming ( in what extraordinary cases soever ) upon discretion to require us to do that which the law does not require us to do , to forbid that which the law doth not forbid , and to punish us to a degree beyond what the law directs us to be punished ; to swarve from that rule , is to take it away ; and being gone , we are no longer subjects , but slaves . in the roman state , during the reign of the kings , who whil'st that government lasted , were very absolute , the king himself could not do an act against the letter of the law , in favour or disfavour of any person , be his merit or guilt what it would ; but in such extraordinary cases , the appeal was to the people , who were to judge whether the rule was to be declined , or no . so horatius , for the killing his sister , was condemned by the duumviri , who had no other power than to proceed upon the letter of the law ; nor was it in the power of tullus hostilius , who was king , to alter it . but the appeale was to the people , they considered the provocation , the teares of his father , who said , if he had judged that his daughter had suffered unjustly , se patrio jure in filium animadversurum fuisse ; they considered the great merit of the person , absolveruntque admiratione magis virtutis , quàm jure causae : thus deviations from the known law , whether in mercie , or in rigour never extended farther than a particular person , never comprehended a multitude . our ancestors were so vigilant on our behalf , that they would not have us accused without some witness , not condemned in matters of importance without the full evidence of two or three witnesses ; nor is the same person capable by the law of being witness and judge , if he saw the malefactor commit the offence of which he stands accused , he cannot give his evidence as witness , whilst he is judge ; every witness , how devested soever of passion and affection , having in the wise jealousie of the law , too much of a party , to be the judge ; whereas your supreme magistrate , need no other evidence , but his own suspition , and if he be afraid , we are undone , for it is plain enough , though out of your abundant tenderness you impute all the fear to the people , reserving to your selves only the benefit of your suspition , to suspect whom you please ; you will not trust the people with the prerogative of their own fear , that they may fear as much and as little as they see cause for , your supreme magistrate hath the monopolie of that commoditie ; and it is very observable , that you do not say these extraordinarie payments for securing the state , shall be made by those of whom the people are afraid , you will not give them leave to tell you how much they are afraid , or of whom they are afraid , but by those of whom the people have reason to be afraid , and they are not reasonable enough to know that themselves , you will do it for them ; and so you are the law , the witness , the judge and the partie , and therefore no doubt will proceed in that manner as you thinke best for your selves . jus meum metu tuo non tollitur , say the civilians , and the incomparable grotius , after he hath inveighed against that unreasonable opinion in policie , that it is lawfull in princes to take armes against a growing power , which being grown may be able to oppresse their neighbours , as disaovwed by all sober casuists , and looked upon as an extravagancie by all regular judges of the jus gentium , concludes excellently , that we live upon those disadvantages in this world , ut plena securitas nunquam nobis constet , adversùs incertos metus , a divina providentia & ab innoxia cautione non vi praesidium petendum est : it is very naturall to fear those most , whom we have most injured , and it would be very unnaturall that we should be thereby warranted to do new injuries to them : and it is too great a privilege for the basest and most unworthie passion that can be harboured in the minde of man ( for fear is nothing else but a betraying of the succours which reason offereth , sayes salomon ; ) insteed of being a torment to the servile spirit that is possessed by it ( as most other passions are ) to torment and destroy those they are unreasonably afraid of . besides all other judgements are determined within some extent of time , whereas no period can be set to your fears , nor consequently to our punishments ; and i remember salust sayes of catiline , that after he had caused his son to be killed , that he might perswade a lady to be the more willing to marry him ; animus impurus , diis hominibusque infestus ▪ neque vigiliis neque quietibus sedari poterat , ita conscientia mentem excitam vexabat . i know not how many of you are in that condition , and if that part of the commonwealth must be at the charge of armyes to preserve you against all whom you will be afraid of , it must shortly raise new armies to suppress the old , and to free you from the feares you have of one another . how strong your love is , few have had evidence to discerne , but your jealousy is like that in the canticles , cruell as the grave , the coales thereof are coales of fire , which hath a most vehement flame : in a word your feares are grown so terrible , that we have no other security , than by being as much afraid as your selves , and providing for our selves accordingly . you see now the reason that warranted that passion which i expressed to you , when i first read your declaration , and that the judgement in it is come home to our own doores , and concernes the poor royall party no more , than it doth our selves ; and it may be , it is come the sooner home to our own doors , for the little consideration we had of any acts of power , how exerorbitant soever , that we thought only related to them . you know the wise answer given to him that asked what city he believed to be best governed , solon said , that city , where such as receive no wrong , do as earnestly defend others to whom wrong is offered , as if the wrong and injury had been offered to themselves : and that generall was worthily extolled , qui aliquid esse crederet & in hostem nefas ; our too little circumspection and tenderness of that , hath brought the case to be our own ; if the royall party will change their interest , that is , keepe their old monarchicall principles , and apply them to the support of your interest , they shall be received , entertained and preferred by you ; you have manifested it enough to them , by trusting none more than those who have done so . they are onely in danger , of whom you are afraid , in respect of their conversation , of their intentions towards the present government , and of their interest not to submit to that government , which you say is established , and they believe or know to be but usurped . and we shall the better finde who they are , and make some discoverie of the number of them , and consequently of the danger that is threatned from them , if we take a short view of the government , by what degrees , and by what authority it is imposed upon us and how far the severall interests of those , who have at least equally with your selves opposed the common enemy , are secured and provided for , and we shall thereby the more easily judge , how far we are obliged in conscience or discretion to submit to it , of whom you are most like to be afraid : and so , who are most probably in the end , to be charged with the maintenance of those forces , which you will finde necessarie to secure that government , and your feares that it will not be secure . what is become of the parliament ; and the parliament partie , that first undertook that war and pursued it , till they were without an eneny , is too melancholick a question to expect an answer to ? you cannot take it ill , that i say this is not the government we then undertook and engaged to preserve and defend ; and you will give me leave to observe , that there is not one officer in all your armies , that in the beginning of that warre , was above the degree of a captaine ; so far are you from being the people , who bore the heat of the day , or who deprived the enemy of of their armes : nor is there one person amongst you , who had then interest or reputation enough to engage ten men in the quarrell ; nor is one of those who had in any credit now with you , or trusted in any part of your government : so that you may reasonably conclude , that as they cannot hold themselves obliged to submit to it , so much lesse engaged to support it , and consequently amongst that number of which you have reason to be afraid . after you had by bringing your army to london , and imprisoning the major part of the commons , and dissolving the house of peeres , extinguished kingly government , erected your selves into a commonwealth , and insteed of one , set up as many kings , as you had left members of your parliament , all who were uncontrolable and above the reach of justice , and exercised what kinde of power and tyrannie they pleased upon their fellow subjects ; the people were universally engaged to maintain and defend that government of the parliament of the commonwealth of england ; all princes and forraigne states taught to make their addresses to it ; warre and peace declared by it ; the keepers of the great seal of england , the judges and ministers of justice , appointed in the same manner , and the whole administration of justice throughout the kingdome was in the name of the keepers of the liberty of england , the army professed it self entirely at the obedience of the parliament , and absolutely to be disposed by it , and well it might do so , there being so many officers of the army , members of parliament , that they had reason to believe all commands would be suitable to their own desires , if they desired no more than what they hitherto professed , the support of that government , which not onely every person who had the least trust , share or benefit in it , had sworn to defend , but whosoever sued for favour or justice from it , were bound to subscribe to . in this manner all things were ordered ; ireland reduced to perfect obedience , and our enemies there to perfect slavery ; scotland ( as your own poet sayes ) was preferred by conquest to serve us : so that we were not only without any visible enemy , and so sufficiently revenged of our friends , that they could be of use to none but our selves . the parliament now thought it high time , that they who were in truth the conquerors , the people at whose charge alone the warre had been carried on , should receive some benefit from their conquests ; that when they had no enemy at all , they need not have so great an army , and therefore they betook themselves to councels of good husbandry , and to thinke of preferring them , who had taken so much paines in their service , to ease and plenty ; to give those estates to them , which they had taken from others , and by these gratuities to disband some part of their army ; but that was a jurisdiction , you never intended they should exercise , you were well enough contented that they should have the soveraigne power to raise money , for the payment of the armies , but when they presumed to speak of disbanding those armies , you wisely remembred how insecure you should be without those forces , which had raised you to the height you were at , you remembred how many former orders you had disobeyed ▪ how you had triumphed over the long robe , and the priviledges of parliament ; and albeit acts of prdon and oblivion had been passed for your indemnity , you concluded , if the government should once fall into those peaceable hands , they would find ways enough to avoid the observance of any promises , they had been cōpelled to make against their wills ; and hereupon for the good of the people , you resolved to take the government into your own hands ; and according to the advice given by the servants of the king of syria , take the kings away , every man out of his place , and put captains in their roomes . you brought armed men into the house of parliament , forced the members with many opprobrious speeches to leave their places , locked up the doors , that there might be no more resort thither , and appointed a select number of the officers of the army to provide for all , that king or parliament used to do ; and here was an end of your commonwealth , which government all were so solemnly engaged to defend ; nor is there any person , who adheres to the principles of a commonwealth in any trust or esteeme with you : nay , it is very observable and notorious , that of all that select number which helped you to be free from monarchy , by sitting in that court , and who dare no more look a monarch in the face , than they dare justify what they have done at the day of judgment , there is not one man in credit with you , nor of command in any of your armies by sea or land ; nay ; whom you have not eminently affronted , disobliged and and oppressed , except he hath such a relation of blood , as may render him unsuspected . and can you think these men friends to your present government ? and consequently can they but thinke themselves involved in this declaration , and designed to maintain those additionall forces , which are , or must be raised to defend you from those of whom you see reason that the people should be afraid . your next government was entirely by the armie , which as if it had not fought to suppresse all exorbitancy of power , but to possess it self of it , and was now sufficiently qualified to do all , that others had or would have done before , laid taxes and impositions upon the kingdom , repeated over all the ill things which had been complained of before , in most intolerable and insupportable degrees , and improved the confusion to that height , that there was no shadow or formality of justice left ; and that dist●action in gods worship , that there were more religions than regiments , and all practised with equall licence , and animosity against each other , when on the suddain the generall of the army ( if he can be called a generall whose commission was determined , by the determination of that body that granted it , the parliament ) takes upon him to assemble another number of people , every man chosen by himself , and that councell of officers of the army , who were constituted by himself , and making their appearance before him , called them a parliament , called himself their servant , and besought them to repaire those breaches and ruines of the commonwealth , which their wisedom could only do , most of them being men of no parts , no experience , no quality , no interest in the kingdom , serving only to render the venerable name of parliament ridiculous by their frivolous and impertinent consultations , without doing any sober act in order to the healing the wounds of the commonwealth , as their predecessors had made it odious by taking upon them so unlimited a power to vex and grieve , and devour their brethren . and when these had brought themselves into a sufficient reproach and disestimation of the people , and yet could not be enough united amongst themselves , to serve the generalls turn , part of them went to him , confessed themselves too weak to sustain the great burthen he had laid upon their shoulders ; and desired him to take the power again , which he he had so graciously conferred on them , and that he would take upon himself the ordering and repairing the commonwealth , which they had not wisedom to do . the other part , that had a better opinion of their own abilities , and believed they might find some proper remedies for the publique grievances , were according to the late method turned out of doors by the souldiers , that they might no more continue those unprofitable consultations : and so by these few bankrupts repaying the small money he had lent them , the generall takes livery and seisin of the whole treasure of the kingdom , and thinks this a sufficient delegation of the power , and interest of the nation into his hands , of which he makes use within few dayes after , and with a suddain and unexpected solemnitie , the lord major of london , the judges and the keepers of the great seal , being summoned to attend , without knowing any part of the busines , upon the advice and by the consent of half a score of his friends , who were like to look that he should receive no hurt , he degrades himself from the office of generall , and unlimited power thereof , as he sayes ; and is contented under the stile of protector of the three kingdomes , of england , scotland and ireland , to be restrained within the limits he had prepared for himself , laid aside his excellency to be his highness , and contented himself with all the crown lands which were left unsold , and a limited power ( as he called it , ) extending farther than ever king pretended to ; and this was the rise and progresse of your present government , to which you expect such an obedience , as must produce a reall change of all our principles and interest ; and if we are but thought to have evill intentions towards this government , we must be at the charge of the armies raised to secure it . that which disposed the mindes of the people to abstaine from a present protestation against this government , besides the agony of the late confusions , and the astonishment upon the new wonderfull alteration , was , that it was but temporary , and that limited to a very short time ; a free parliament was to be called within so many moneths , which was entirely to consider and settle the government of the kingdom , to remove all those obstructions which hinder the peace and happiness of the nation , and to restore it to that tranquillity and quiet it had been so long deprived of : and the protector was sworn to a due observation of all those articles , which he had himself prescribed for his own rules and bounds , and therefore the more hope that he would be contented to be limited by them . it cannot be denied that the kingdom chose many worthy persons of fortune , interest and experience , as their deputies to provide for the publique security , who entred upon a free disquisition of the state the kingdom was in , according to the very method prescribed by the instrument of government ; and to enquire by what means and title ; so vaste and transcendent a power was gotten into the hands of one man ; so contrary to what had been before determined ; many men professing , that if after so much blood spilt and calamities undergone by the people , to free them from monarchique government , it should be now found most agreeable to the nature and temper of the nation , to return to the same forme of subjection , there could be little doubt , it would be much better to restore it to the royall person , to whom by the line of succession the unquestionable right was derived , and whose being possessed of it would in a moment restore the whole nation to a full and entire peace , from whose unblemished youth and gratious disposition , as much of happiness might be expected , as had been enjoyed in any former kings raign , than by continuing it in the hands of an usurper , who had violated so many oaths and protestations already , and had ascended to this pitch only by the most bare-faced breach of severall trusts , that ever christian or gentleman was guilty of , to expose the kingdom to a warre , that could have no end , but in the ruine and desolation of it . these grave , necessary and important debates , were no sooner entred into , than in contempt of all privileges of parliament , which will not allow matters in debate to be taken notice of , the protector , like a king ; nam impune quaelibet facere , id est , regem esse , summons them into his presence , with the highest and sharpest language , reproaches them for disputing his authority , by whom they were called together ; requires them to renounce and disclaime that liberty , before they proceeded to further consultation , and to that purpose delivered an instrument without subscribing to which , the band of souldiers which guarded the door of the parliament house , would not suffer any man to enter , whereupon a major part of the parliament departed to their houses , and they only went in , who submitted to the conditions , which many afterwards did , who in detestation of the violence , at that time had forborne to subscribe . thus he , who without the consent or privity of a dozen persons , had assumed to himself the title and stile of protector of three kingdomes , and therefore found a generall submission , because he had bound himself within a short time to call a parliament , that might settle the government , when it was now met and possessed of the power it was to have , because they came together upon his call , would not suffer them to question any thing he had done , or what he should do hereafter , their submission ( as he said ) to his authority of summoning them , being a tacit acknowledgement of his power , which he would not endure to be argued against , without calling to minde ( besides the practice of these last ill years ) that by the express letter of the law , any restraint from altering or revoking an ordinance or act of parliament it self , is voyd , being against the jurisdiction and power of parliament . when he had thus reformed his parliament , he gave them leave to sit together , to consult how they might contribute to the support of that power they were not able to impair , and to lay new burthens on the people , the envy whereof they should rather bear than himself . but as the pope ( paul the th . ) complained in the consistory of those who reported he could make but four cardinals , in regard of that which he had sworn in the conclave , and said , that this was to binde the popes authority , which is absolute ; that it is an article of faith , that the pope cannot be bound , and much less can binde himself ; and that to say otherwise , was a manifest heresy . so he took it very ill , that they should believe upon any articles in the instrument of government , to which he had so solemnly sworn before he assumed the title , that they might lessen his power , or the army , by which it is supported ; and therefore when he saw they betook themselves to those counsels , which might lessen the insupportable burthen the people undergo for the maintenance of as numerous forces , and greater indeed , than were ever on foot when the common enemy had towns and armies to oppose , and that they presumed to speak of disbanding part of them , he sent for them , and after he had , stylo imperatorio , reprehended their presumption , and checked them in sharper language than ever king gave himself leave to use to his subjects in parliament , contrary to his oath , and before the time was expired which was assigned for their sitting , he dissolved them , and takes upon himself authority , with the consent of such , whom he pleases to make of his councel , to make and repeal laws , to lay taxes and impositions upon the people , and , which is the highest expression that can be made of his tyrannie , to publish this declaration ; whereas it is notorious in the law , that to commit the power of parliament to a few , is against the dignity of parliament ▪ and no such commission can be granted , even by the parliament it self . you know , how strange soever it be , that all this is true ; and you may then easily compute , of what rank or kinde of men they must be , who are delighted , or in their hearts not opposite , to your present government : how very few there are in your councel or army , who were for king and parliament , and how those principles have been asserted by you , is known to all men ; what affection they have for you , who with so much hazard and infamy served you in the extinguishing the monarchy , and what indignities they receive at your hands , is likewise within your own view . what is become of those two swelling names , which for so long time filled our mouths , and under the shelter of one of which all men took sanctuary , the presbyterians and independents ? is there one man of either party , who without renouncing the principles of his party , is in credit or trust with you ? and do they not both every day expect from you the exemplification of that memorable judgement of philip of macedon , who upon the hearing a difference that was fallen out between two men of very seditious and turbulent natures , determined , that the one of them should presently fly out of macedon , and the other should run after him as fast as he could . you see then how very few there can be in the three kingdomes ( except those who possess great offices and estates from you , ( and even of those , many think themselves disobliged , by seeing others of less merit than they think themselves , more obliged ) who are without malice and revenge in their heart , and such a leaning and adhering to their several old interests , that nothing is wanting for the discovery thereof , but a fitting opportunity ; and you have declared that propension and disposition in them , to be crime enough to forfeit all that they have ; and you cannot wonder , if upon so fair warning , they prepare as well as they can , and at least good resolutions , for their own security . alas , sir , we know how little confidence you have in any of your old friends , who you believe will never heartily submit to a government they never intended to erect , and who have not sacrificed their wealth , their blood , and their peace , to suppress a royal family , accustomed by a succession of so many hundred years to command , and to be obeyed ; and to invest another , inferiour to most of our selves , in the same interest and power , and so ( to use your own expression ) to entail the quarrel , and prevent the means to reconcile posterity . you say , you will not in express tearms lay to the charge of the royal party , the swarming of those jesuits , which are now croaking amongst us , turning themselves into all forms and shapes , to deceive and seduce men from the truth . i wish we had not all too much reason to charge you in express tearms with what you will not , and no doubt cannot charge them . what liberty the priests and jesuits take , how far they prevail upon the people , what countenance they receive from this government , is apparent enough , by not proceeding against them in justice , as if no laws were in force for their punishment . your private negotiations with the pope , and your promises , that as soon as you can establish your own greatness , you will protect the catholicks ; and the insinuations that you will countenance them much further , are sufficiently known and understood ? and of their dependance upon , and devotion to you , there needs no evidence beyond the book lately written by mr. white , a romish priest , and dedicated to your favourite , sir kenelm digby , entituled , the grounds of obedience and government ; in which he justifies all the grounds and maxims in your declarations , and determines positively , that you ought to be so far from performing any promise , or observing any oath you have taken , if you know that it is for the good of the people , that you break it , albeit they foreseeing all that you now see , did therefore binde you by oath not to do it , that you offend against both your oath and fidelity to the people , if you maintain those limitations you are sworn to : and sure what you do , must be supported by such casuists . lastly , we know very well , how far you are from confiding in your own army , how jealous you are of many of the officers , and more of the common souldiers , and therefore that you raise those several little armies in the several counties , with which you hope to suppress or controul the standing armie upon any occasion , when the sense of their own and their countries miserable condition shall render it less devoted to you . and we likewise know , how in distrust of the whole english nation , you are treating to bring over a body of swisse to serve you , as the janizaries do the turk , and in order to controul your own army , as well as to reduce the people to an implicit obedience to your government . that most of the money which was collected amongst us for the poor protestants of the valley of lucern , is returned and applyed to the carrying on those levies ; and that many are already landed in england , and are now about london , upon pretence that they are to be sent to plant in ireland , whereas they are kept for the compleating those regiments which are every day expected to arrive : and then you have compleated your work , and brought the onely lasting calamity upon the kingdome , which you have hitherto forborn to do , and with which odious reproach you charged the counsels of the former times , onely for intending to introduce forreign forces . i cannot end this discourse , without taking notice of your so frequent mention throughout this declaration , and indeed upon all occasions in your ordinary conversation , of the continued assistance and presence of god in whatsoever you have gone about , of his gratious dispensations , and his visible hand manifested in your successes , and of his more than usual care and kindness towards you ; whereas if you would soberly revolve what is passed , and dispassionately consider and weigh your present condition , it may be you would finde your case so rare and wonderfull , that there have seldome been a people in the world who have had more reason to believe themselves to lye under the signal and terrible displeasure of god almighty , and against whom his vengeance is more manifestly threatned , than you at present have . you have had all the advantages , and all the successes , which you could ever propose and hope for , and some greater than you could hope for , and your perplexities and insecurity remains greater than before ; you have not an enemy in the three kingdomes , who stands in opposition of your power , or who indeed is owner of a sword to resist you , and yet you avow and discover such a proportion of fear , that new armies must be raised for your defence ; you have gotten all the wealth of the three kingdomes into your hands , and enjoy none , your wants and necessities being so great ; when you had little credit , and less interest to do good or harm , you had many friends , and few who hated you ; and now it is in your power to make great whom you please , and to destroy all whom you are angry with , your friends leave and forsake you ; and you are grown so universally odious , that you may say to those who adhere to you , as catiline did to his army , neque locus , neque amicus quisquam teget , quem arma non texerint . all your safety is in your army , and yet you fear that little less than your enemies . how many of those who bore parts with you in your darkest designs , have laid violent hands upon themselves , out of the conscience of their own wickedness ? and is not that curse in leviticus fallen upon the rest ? and upon them that are left alive of you , i will send faintness into their hearts in the lands of their enemies , and the sound of a shaken leaf shall chase them , and they shall flee , as fleeing from a sword , and they shall fall , when none pursues . can there be a greater slavery , than to be afraid of those whom you have subdued ? and hath not god delivered you , as he did those of judah and jerusalem , to trouble , to astonishment , and to hissing , as you see with your eyes ? so that in truth , setting aside the peace and tranquillity of minde , which must prepare the joyes of the next world for us , and considering meerly the delight and pleasure in this , into which some degree of reputation , the affection of some friends , and the fidelity of those we trust , are necessary ingredients ; i had rather be the most undone man that this declaration hath preyed upon , than my lord protector , or any one of his councel in whose names it is published . to conclude . as it is manifestly destructive to all the liberty and property of the people , and to the laws of the kingdome , by observation whereof alone those liberties , and that property can be preserved : so to common understanding it must be the most fatal instrument against your own interest and security , and make all men see how inconsistent theirs is with the government you have erected . you have pulled up parliaments by the roots , which are the onely natural security the nation can have against oppression and tyrannie , and which we thought we had exactly provided for by the triennial bill , and which will at present authorize the people to assemble and make their elections . you have cancelled all obligations of trust , and taken away all possible confidence from all men that they can ever enjoy any thing that they can call their own during this government ; and having so little pleasure left them in life , they will preferre the losing it in some noble attempt to free their country and themselves from the bondage and servitude they live under , to the dying ignobly in some loathsome prison , when you please to be afraid of them . do not value your selves upon the terrour you infuse into the people , by your frequent sacrifices of blood , and exposing their friends to them on scaffolds , and on gallows . remember that it is recorded of ann de burg , who was burnt in france in the year . upon matter of religion , that the death and constancy of a man so conspicuous , did make many curious to know , what religion that was , for which he had so couragiously endured punishment , and made the numbers increase exceedingly . trust me , you have gotten nothing by those spectacles , and men return from them more confirmed in their detestation of you , than terrified from any of their purposes towards you . and when the despair you have put them into shall make them consider , that as the misery , calamity , servitude and infamy under which the three kingdomes suffer , proceed entirely from you , so , that they will be determined with you . that the general hatred and detestation of you is such , that it is very probable that those noble patriots , whose spirits shall be raised to destroy you , shall not onely reap unutterable honour from it , but finde safety in it , either from the confusion that must instantly attend , or from the abhorring your memories in those that shall survive you . if they shall perish in or upon their attempt , what a glorious fame will they leave behind them ? what a sweet odour will their memories have with the present and succeeding ages ? statues will be erected to them , and their names recorded in those roles , which have preserved the bruti , the horatii , the fabii , and all those who have dyed out of debt to their country , by having paid the utmost that they owed to it ; their merits will be remembred , as those of the primitive martyrs , and their children and kindred will be alwayes looked upon as the descendants from the liberators of their country , and esteemed accordingly ; their fate will be like his in the son of syrach , if he dye , he shall leave a greater name than a thousand ; and if he live , he shall increase it . and all the peace , tranquillity , splendor and glory , which the kingdomes shall hereafter enjoy , which will be the greatest that any nation in europe hath been possessed of , in the awe and dread their enemies will have of them , in the reverence of their friends , and the full veneration of all the world , will still be imputed and attributed to those heroick spirits , the authors of this first deliverance . and besides the preventing that deluge of blood , with which the land will be otherwise overwhelmed , by this means the nation will be restored to the honour it hath lost , by freeing it self , without any forreign help , from that miserable condition , into which we are fallen by our own meer folly and madness . and they that come after him shall be astonished at his day , as they that went before were affrighted , job . . finis . notes, typically marginal, from the original text notes for div a e- matth. . . deut. . . joseph , lib. . c. . sam. . . full . ho , war , ●… . pag. . cooks pleas of the crown fol. . salust . pag. . plut. vitâ timol . liv. li . . cooks pleas of the crown , fol. . liv. lib. . grot. de jure bel. & pacis wisdom . . cant. . . plutar. vitâ sol. kings . . lo. cook jurisd. . of co. fol. . hist. conc. tr. fol. . vit. phil. pag. . pag. . salust . lev. . . chron. . . ecclesiastic . . . mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army. and his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our soveraign lord king charles. with the oath of allegiance to his majesty, taken by the parliament men, before their admission into the house as members. / by william pryn, of lincolns-inne, esq. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army. and his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our soveraign lord king charles. with the oath of allegiance to his majesty, taken by the parliament men, before their admission into the house as members. / by william pryn, of lincolns-inne, esq. prynne, william, - . [ ], p. s.n.], [london : printed in the year, [i.e. ] place of publication from wing. annotation on thomason copy: "jan: th". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- army -- early works to . oaths -- england -- early works to . monarchy -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army.: and his remonstrance and prop prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. pryn's last and finall declaration to the commons of england , concerning the king , parliament , and army . and his remonstrance and proposals to the kingdome , shewing , that it is high treason , to compasse or imagine the deposition or death of our soveraign lord king charles . with the oath of allegiance to his majesty , taken by the parliament men , before their admission into the house as members . by william pryn , of lincolns-inne , esq. printed in the yeer , . master pryns declaration to the kingdome concerning the apparent danger of his majesties royall person , and the present proceedings of the parliament and army in order to the deposing of charles steward , their lawfull king of england , &c. gentlemen , and fellow commoners , vvhereas my self , and above members more being forcibly secluded from siting in the house of commons , by the officers of the army , i therefore held it my duty , to impart unto you these ensuing proposals . first , that by the common law of the realm , the stat . of e. . and all other acts concerning treason , it is no lesse then high treason for any man to compasse or imagine the deposition or death of the king , or of his eldest sonne and heire , though it be never executed , much more if actually accomplished , and that many have been arraigned , condemned , and executed , for such intended treasons in former ages , as the e. of arundell , and others , by judgment in parl. secondly , that in the oath of allegiance whlch you have all taken , immediatly before your admission into the house as members ; you do truly and sincerely acknowledge , professe , testifie and declare in your consciences , before god & the world , that our soveraign lord king charles , is lawfull and rightfull king of this realme , and of all other his maj. dominions and countries . thirdly , that your selves , among other members , have in above one hundred remonstrances and declarations , professed , both to the king himself , kingdom , world , & forraign states , that you never intended the least hurt , injury , or violence to the kings person , crown , dignity , or posterity ; but intended to him and his royal posterity , more honour , happinesse , gr●atnesse , and glory , then ever was yet enjoyed by any of his predecessors , that you have proposed no other ends to your selves , but the performance of all duty and loyalty to his maj. person , that his personal safety , honour , & greatnesse , are much dearer to you then your own lives and fortunes , which you do most heartily dedicate , and shall most willingly imploy for the maintenance and support thereof , that the parl. will ever have a care to prevent any danger which his majesty may justly apprehend to his person : with many other such like expressions . which , whether your present actings and councels do not directly oppose , contradict , and give the lye unto , to your eternal infamy , and breach of publike faith , as much as in you lies , let the world and all men judge ; as they will do in due season . the rule in the old testament is , not to take any wicked kings from their thrones , ●nd behead them : but ( rom : ● : , , &c. ) take away the wicked from before the king , and his throne shall be established in righteousnesse . and the rule in the new testament . to be subject to kings , and the higher powers , and to submit vnto them , even for conscience and the lords sake : and to make prayers , supplications , and intercessions for them , that under them we may lead a quiet and peaceable life , in all godlinesse and honesty : for this is good and acctptable in the sight of god our saviour : not to depose or shed their bloud , for which there is no precept . and is not this plain way of god , the safest for you and the army to follow , yea the only short cut to peace and settlement ? ruminate upon it , and then be wise , both for your soules good , and the welfare of poor england . fourthly , remember , that no protestant king or state , ever yet defiled their hands , or stained the purity and honour of their reformed religion , with the deposition , or bloud of any of their kings and princes , much lesse of a protestant king or prince , of a temperate and sober life , as the king is ; who never imbrued his own hand in any one mans bloud , in any tyrannical or bloudy way before or since the warres ( for ought i can hear ) but only in a military . fifthly , consider , that the scots delivered the king to our commis. at newcastle , upon this expresse condition , that no violence should be offered to his person , &c. according to the covenant . how then can you un-king , depose him , or take away his life upon pretext of justice , which if you do , you ingage both kingdoms to war against you , and to crown the prince of vvales their king , as being next heir apparent . wil : pryn . a declaration touching the king . after mature deliberation upon the proceedings of the lord general fairfax , and the general councel of officers , in relation to the establishing of a firm and lasting peace within this bleeding , torne , and tottering kingdom , and the erecting of a pure and sound government according to the law of nature , and the fundamental laws of this realm , and after several conferences and disputations in order thereunto , divers of the presbyterian party frequented to westminster , and other places , where they had severall disputations and conferences with the officers , and other members of the army ; and after some debate upon the foundation , of the grounds and principles of the agreement of the people , the presbyterians declared a great dislike thereof , remonstrating , that it was not founded upon a firm rock ; to which objections , severall answers were made , for cleering such scruples and cautions , as seemed difficult to many ; and as for the person of the king , they further declared , that notwithstanding the present ordnance of attainder against his maj. yet they conceived it requisite and lawfull , that the prayers of the ministery bee still continued in every congregation throughout his maj. realmes and dominions ; desiring , that he may have a legal tryall , and that hee may not be degraded of his titles and honours : concerning which , be pleased to peruse this ensuing letter from holland , touching the degrading of his majesty . sir , we are here in a kind of amazement , to hear that your king should be designed for the grave before his time : believe it , there 's nothing more characterizes men wise in the opinion of the wisest meer man , then that they see a far off , not the plague of the body only , though that , but judgments somtimes for evildoing , somtimes for acting indiscreetly in matters that may be done . that which may lawfully bee done , it may be absurd to do at some time : the taking away life , which is that prized above all , by him that all account wise , is not just ( say some ) at any time , unlesse there be a law that makes the thing done death , and death to him that doth it : the supream power of england that forbids any to judge of treason in a constructive way , but themselvs have retaind in themselvs a power to judge such and such practises and endeavours to amount to treason or death . in particular , supose there were law , or it were in the power of the lords and commons to take awoy the life of the present king , yet if england , scotland , and ireland shal be made more miserable thereby in reason , and the waas renewed , to the probable ruine of the nations , and chiefly to those who pretend most to piety and justice therein , it were better not . that it 's dangerous this may be said : if you cut off , you must set up , vacuities of that nature suddainly introduce confusion : if you set up , it must either be a new king , or a new government ; if a new king , then the next of kinne , and if him , then let his ●complyance be what it will , his fathers death cannot bee ●orgot ; no , the danger of his mothers influence , who will remain in banishment , be easily got over , refuse he to come in , as it 's most like , he hath the afore-named written upon his brest , hesides his hereditary claim , his marriage , which no man that hath a purse , but will endowry with a daughter , raise an army of to restore a son in law , and make his daughter queen of kingdoms , which by reason of scituation , and inherent accommodations may ( well managed ) be the ballancing power of christendom . if any other , or a new government , the objections are the same , & all the line & that successively are made enemies to boot ; besides hath the parl. or army yet got so much love ? are they so deep in the hearts of the people , that they can assure themselves the newtrals , or those who have gone farre with them will quiesce ? but the answer is ready , we have an army that cannot be over come , neither by what can rise here , or come from abroad . so had alexander , but alexander was poysoned , and what then became of his army ? ruin approached . some wil boast they fear no colours , nor danger , for they have the swiftest horse in the kingdom ; but what if that horse stumble , and throw his rider : where 's the man , the horse wandering up and down , as the fed hauk for food , comes to the hand of a child ? hague jan. . the heads of the armies deolaration . that they were great promoters of the kings design . of promoting the kings design in scotland , obstructing the lord lisle , and promoting the l. inchequin . that they incouraged the force that was set upon the houses by the london apprentises , hindered and obstructed such things a● tended to the settlement of the kingdom , &c. that therefore to the end that there might be a speedy way for setling the same , they excluded them the house , and intend very speedily to send in the charge against them . finis . six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, - . sheet ([ ] p.) s.n., [london : ] anonymous. by william prynne. imprint from wing. identified as wing p a on umi microfilm "early english books, - " reel . annotation on thomason copy: "w.p:"; "xber [i.e., december]. . ". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early enlgish books, - ). eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion six important quaeres , propounded to the re-sitting rump of the long parliament , fit to be satisfactorily resolved by them upon the question , before they presume to act any further , or expect the least obedience f●om the free-born english nation , after so manie years wars and contests for the privileges , rights , and freedom of parliaments , and their own liberties . . whether their sudden stealing into the house by night , on monday the . of december after their forced dissolution by lambert , octob. . without any new summons or notice of their sitting given to any of their fellow-members , in the city , or people of the nation ; was not a work of darkness , rather than of light , better beseeming theeves than freemen , a guy faux with his dark lanthorn to blow up a parliament , than the honour and dignity of members of a real english parliament , and a bad omen of some dark d●signs against their fellow-members , and liberties both of the city and english nation ? . whether their placing armed gards that evening at the house , and all approaches to it and the next morning too , and giving colonel okey , and colonel alured ( the commanders of their gards ) their serjeant and door-keepers , strict special commands and orders , not to suffer any of the old secluded members so much as to come into the outward lobby before the house , ( whether footboys , apprentices , and other persons of all sorts had free access , ) much lesse to enter into the house ; and their forcible secluding of sir gilbert gerard , sir anthony irby , sir william waller , sir john evelin , mr. ansl●y , serjeant maynard , mr. prynne , and . other members more on tuesday morning , decemb. . out of the very lobby , in pursuance of their orders , till they crowded into the lobby by degrees against the door-keepers , and gards wills , who at first oft shut the doors against them , though they admitted apprentices , and others to pass in and out : and their seclusion of them out of the house when in the lobby , by keeping the house door fast locked against them , and ordering the door-keeper and serjeant not to open it , notwithstanding many demands to open it , and messages to them for that purpose , which they slighted ; not vouchsafing to take any notice of , after two full hours attendance by the members on them in the lobby ; nor so much as sending any member , nor their serjeant out to them ; as they usually do to every ordinary petitioner , or person attending them upon publick or private occasions ; be not a just ground and provocation for these and all other secluded members , ( being about . times more in number and interest to those then sitting , and the real house of commons , ) with all the respective counties , cities , boroughs , ports for which they serve , with as high contempt and scorn to neglect them and their illegal conventicle , ( not the tenth part of a commons house , ) to protest against all their votes , proceedings as null and void to all intents , and not to yield the least obedience to any orders , votes , or commands of theirs , till all the members be freely admitted without any restrictions , to sit and act amongst them ; it being both their privile●e , birthright , and inheritance , and they obliged by their protestation , and solemn league and covenant , constantly , zealously and chearfully to defend the same with their lives and estates against all violations , all the daies of their lives ; and therefore now if ever , in this sad posture of publick distractions ? . whether this their disdainfull , uncivil , unbrotherly treating of their fellow-members ( desiring nothing else but a brotherly association with them , to compose the manifold distractions , and make up the wide breaches of our sinking , dying nations , by their united councils and endeavours , and to regulate all exorbitances , occasioned by their heady councils and miscariages ) in not allowing them the privileges of porters and footboyes to enter into their outward lobby , in taking no notice of them , and putting this fresh affront upon them , after so many former indignities , in the midst of their and our domestick confusions and fears from forein parts , be not an evident demonstration ; that they intend neither the publike peace , unity , nor settlement of our government , laws , liberties , or nations , but their unjust support of their own private interests , rapines , ambitious tyrannical usurpations and exercises of supreme parliamentary civil and military authority over our three nations ; to imbroyl them in new wars and confusions , to prey upon the small remainder of their real and personal estates , by the power of the sword , now gotten into their hands , out of the army-officers ; who abused it likewise to the oppressing and enslaving of the people , and created them a parliament without the secluded members , and house of peers ? . whether their disdainfull , injurious forcible seclusion of the members , by their own special orders and commands to their gards and officers now , be not a shrewd evidence , that their former seclusions , decemb. . and . . and may . and . . ( acted by , and fa●●●red on the army-officers , and seemingly disowned by themselves ) were secretly procured & countenanced by them , thus openly owning their last seclusion , by their precedent orders and subsequent approbation of it ; and that at their very first re-assembling , after their own late forcible seclusion , by lamberts and hewsons regiments , now entertained and imployed in their service , to seclude , and keep out their old honest fellow members , of untainted integrity and merit ? whether it be not a greater breach of privilege , trust , duty , tyranny , perjury , and treason in them , against all former declarations , the protestation , solemn league and covenant , taken and subscribed by them , with hands lifted up to the most high god , thus to seclude their fellow members ; than it was in cromwell and harrison , april . . or for lambert october . last to seclude and turn themselves out of doors , after their declaring and voting it treason , perjury and tyranny in them ? whether this their secluding of the members by col. okey himself , and others who appeared most active against their exclusion by lambert , will not draw a self-condemnation on them , as acting by their commands , against their consciences ; and justify both cromwels and lamberts seclusion of themselves ? and justly encourage all their newly reduced soldiers and others , to shut and turn themselves out of the house again upon any emergent occasion or discontent , with greater boldness and impunity than before , since they justified their last seclusion , by their former underhand encouragements of them to seclude the majority of the members , who over-voted them in decemb. . and give them orders to seclude them now again upon the same account in the same month of december , for fear they should over-vote them if re-admitted ? . whether their printed vote , decem. . to take the business of their absent members into debate on the . of january next ; instead of giving admittance , or any answer to the . secluded members waiting for an answer in the lobby above . hours , be not a meer dilatory cheat put upon the secluded members , the city of london , and whole nation ; to delay their admission till they have put new gards on , and drawn up all their forces to london , to over-awe the city , and hinder their long-delayed militia for their own security ; and setled the militia of every county under their own commands , to enslave the whole city and nation to their tyranny and usurped parliamentary power ; and then they will not only forcibly keep out all the members , but absolutely eject them , unlesse they will take their new oath and ingagement : as is evident by their speakers prohibiting the lord maior and common council on saturday last to set up their chains and settle their militia ; and their order and vote on munday night against all forces raised without their order , to hinder the militia in the city , when they commanded the militia in the suburbs and westminster to meet and act that day : and by some of their discourses 〈◊〉 secluded members ; that there was no hopes of their admission , unlesse they were for a commonwealth , would take the ingagement , and confirm what they had done : and thereby become as guilty , treacherous , perfidious , disloyal , and hurtfull to the publike as themselves ) which those members assured them , they would never submit to , being against the privilege of parliament , their judgements , consciences , protestation , covenant , former oathes upon their first admission as members . . whether the city , or english nation , can expect the least justice ease or redresse of their insupportable burdens , taxes , and impositions from these new tax-masters , who ( though they are not yet the tenth part of a full commons house ) presumed to pass and print a new act of parliament , to continue their expired customs and excises on them , till march next ? whether their unpresidented presumption ▪ in arrogating to themselves the title , power and authority of a parliament ; when all laws , and lawbooks resolve , their own consciences and the whole nation infallibly know them to be no parliament , nor commons house , hath not brought them within the compasse and penalty of this clause in their own last act , before their dissolution by lambert , october . intituled , an act against raising of money upon the people without their consent in parliament : and be it further enacted , that no person or persons shall after the . of october , . assess , levy , collect , gather or receive , any customs , imposts , excise , assessment , contribution , tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have béen done before the third of november , . and be it further enacted and declared , that every person offending against this act , ( therefore every of themselves who passed this new act , decemb. . and those who shall put it in execution ) shall be and are hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . whether the people of this commonwealth ( the thousand part whereof knew not of their new sitting ) did ever consent to this sudden extemporary new act , made the first morning of their sitting in lesse than two hours space , when there were but . members in the house ; . secluded members at the door , and near . more members yet living , ( besides the whole house of lords , who must stand for cyphers ) absent , and not privy to their session , or this act ? if not , ( as is unquestionable ) whether by this their own law and act , they be not adjudged to be guilty of high treason , and to forfeit and suffer as in case of high treason , for this their imposing and continuing of customs and excises on the people ; as well as for their seclusion of their members ; which they voted to be treason in lambert ? and whether the offices and common soldiers can upon this acccount expect any pay from the city or country , or indemnity for secluding those now sitting , if they offend again in secluding the greatest part of the members , which are in truth the only house , which can only really pay and indemaifie them ? be it ordained by the lords and commons in parliament assembled, that all monies upon bonds entred into the court of wards and liveries or due by composition before the late ordinance or vote passed both houses for taking away the said court, and likewise all rents due before the date of the said late vote or ordinance, shall be received according to the directions of an ordinance of parliament for due and orderly receiving and collecting of the kings, queenes, and princes revenue, and the arrears thereof, bearing date the one and twentieth day of september, . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) be it ordained by the lords and commons in parliament assembled, that all monies upon bonds entred into the court of wards and liveries or due by composition before the late ordinance or vote passed both houses for taking away the said court, and likewise all rents due before the date of the said late vote or ordinance, shall be received according to the directions of an ordinance of parliament for due and orderly receiving and collecting of the kings, queenes, and princes revenue, and the arrears thereof, bearing date the one and twentieth day of september, . england and wales. parliament. broadside. printed at london for john wright ..., [london] : . at head of page: die lune, . septemb. . signed: jo. brown cler. parliamentorum. h. elsyng cler. parl. d. com. reproduction of original in the harvard university library. eng england and wales. -- court of wards and liveries. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no die lune, . septemb. . be it ordained by the lords and commons in parliament assembled, that all monies upon bonds entred into the cou england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lune , . septemb. be it ordained by the lords and commons in parliament assembled , that all monies upon bonds entred into in the court of wards and liveries , or due by composition before the late vote or ordinance passed both houses for taking away the said court , and likewise all rents due before the date of the said late vote or ordinance , shall be received according to the directions of an ordinance of parliament , for the due and orderly receiving and collecting of the kings , queenes , and princes revenue , and the arrears thereof , bearing date the one and twentieth day of september , . and all persons whatsoever that doe owe any monies , or rents by bond , or otherwise entred into , or payable in the said late court of wards and liveries , before the date of the said late vote or ordinance , are hereby required to pay the said rents and monies unto charles fleetwood esq the receiver thereof , or to the receiver thereof for the time being , who is hereby required and authorised to give such acquittance , or acquittances , or discharges for the same as legally he ought or might have done , if the said late vote or ordinance for taking away the said court had not been passed . and it is hereby further ordained , that the said acquittance , or acquittances , or discharges so given , or to be given by the said receiver as aforesaid , shall be good and sufficient in law to all intents and purposes to all , and every person and persons which shall pay in any rents , or other monies to the said receiver for every such summe and summes of money as shall be paid in by them as aforesaid ; and that the parties paying in the same shall be respectively saved harmelesse , and kept indempnified for or by reason of the respective rents , or summes of money paid , or to be paid , as aforesaid . and in case all , every , or any of the persons that owe monies by bond , or otherwise in the said late court of wards and liveries , doe refuse or neglect to pay the severall and respective summes of money by them due to the said receiver , then processe shall issue out of the court of exchequer for the same , in such manner as is usuall for other his majesties rents and debts ; and the barons of the exchequer , officers , and other ministers thereof whom it may concerne , are hereby required and authorised to issue processe accordingly ; and the sheriffes and other officers concerned are at their perill to execute the same , and pay the monies leavied respectively to the said receiver in like manner , as payments have been made upon processe in like kinde heretofore issued forth of the said late court of wards ; and the severall officers and ministers of the said late court of wards and liveries respectively whom it may concerne are hereby authorised , required , and commanded from time to time according to the directions of the said committee for the revenue , to deliver such schedule and certificates of the rents , fines , compositions , or other monies in the late court of wards and liveries upon bonds entred into , or due before the said late vote or ordinance as thereunto they shall be required ; together with all such bonds for the same as remaine in their hands , or in the hands of any of them ; and in case any difference or just exceptions shall arise touching the severall and respective rents , debts , compositions , or other monies aforementioned , then the hearing and determination thereof shall be referred to the court of exchequer , who by vertue of this ordinance shall have power to give reliefe in law and equity , in such manner as the court of wards might have done before the taking away of the same . and it is hereby lastly ordered and ordained , that all and every person and persons acting by authority of this present ordinance , shall by power of parliament be saved harmelesse and indempnisied , for whatsoever they shall respectively doe in persuance and direction thereof . jo. brown cler. parliamentorum . h. elsyng cler. parl. d. com. printed at london for john wright , at the kings head in the old bayley . . proposals humbly offered to the consideration of the parliament, to repair the loss by three millions of clipp'd money without any charge to the nation for fifteen years, viz. j. p. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proposals humbly offered to the consideration of the parliament, to repair the loss by three millions of clipp'd money without any charge to the nation for fifteen years, viz. j. p. t. b. aut sheet ([ ] p.) s.n., [london? : ] imprint from wing. signed at end: j.p. t.b. reproduction of the original in the baker library, graduate school of business administration, harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . finance -- great britain -- early works to . great britain -- history -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion proposals humbly offered to the consideration of the parliament , to repair the loss by three millions of clipp'd money , without any charge to the nation for fifteen years , viz. i. there is in the million-lottery adventure blank tickets , and each ticket entitles the bearer to l. a year for fifteen years , which must produce l. in fifteen years . ii. it is humbly proposed , that a new act may pass for the lottery fund to be continued five years longer , which will be no charge till the fifteen years are expired . iii. that the owner of each blank ticket bringing his blank to an office appointed for that purpose , and with it l. in clipp'd money , the blank so brought in to be fill'd up and registred , the clipp'd money to be melted down at the mint , and coin'd into mill'd money ; whoever brings a prize of l. per annum , may have it valued equal to ten blanks , and so in proportion for the highest prize in the million lottery . iv. the person that brings in the blank ticket with l. in clipp'd money , shall at the same time receive a bill for l. to this effect . v. to take off the inconveniency of clipp'd and counterfeit money ; it is enacted , that this bill shall pass , and be accounted as l. sterling in all payments , as well in publick receipts , as otherwise , under the penalty of forfeiting — by any person that shall refuse the same . foreign bills only excepted . vi. that whoever is possessed of any of these l. bills at michaelmas . may send the same to the said office , and receive l. in money , and a new bill for l. which bill must pass in payment till michaelmas . and then receive l. more , and exchange his bill of l. for a new bill of l. and so successively till the twenty years are expired , by which means every one will receive his full value in cash for each bill . vii . by this means more than one million and a half of clipp'd money will come into the mint , without any charge to the nation , or loss to any one person ; for the person that brings in the clipp'd money will have a bill which is as good as money , and the government will be at no charge to pay the bill , because the l. that is paid annually upon each bill will be raised out of the fund that pays the blank tickets and prizes , so that the million and half of clipp'd money will enable the government to coin mill'd money , and be ready with that to change a million and half more of clipp'd money , and give good money for it , which will make this proposal good , of repairing the loss by three millions of clipp'd money . viii . when three millions of clipp'd money is melted down , it will much lessen the quantity , and is hoped will take it all away ; but if more remains , this proposal may be enlarged to take off the remainder without any further charge for twenty years . ix . that a short day be prefixt to forbid passing clipp'd money in payment , and whoever does not bring his clipp'd money to be changed by the day limited , shall lose the benefit of having it changed , and prosecuted as a clipper if he or she offers any in payment ; by which means the broad money may venture safely abroad without fear of being clipp'd , and will be useful , which now is laid up and becomes useless , both to the owner and nation . x. but if all clipp'd money be call'd in , and nothing left to supply trade , all commerce must cease till new money can be coin'd , therefore it will be necessary that something equivalent to money be ordered to supply the place thereof , which these bills here proposed will effectually do , if this honourable house shall think fit by any act to make them pass . xi . if these bills shall be thought too large , they may for the conveniency of payment be made into and l. bills ; and if found inconvenient , when the war is ended , may be paid off by such a tax as the parliament shall think fit , and then the fund may cease . xii . to prevent the counterfeiting these bills , and give all persons assurance of their being authentick and true , such methods will further be offered to this honourable house , or any committee they shall think fit to appoint , as will it's hoped answer all objections in that particular . object . i. it may be objected that this bill ought not to be forced in payment . answ . neither ought clipp'd money ; and altho by the law no one is compell'd to take it , nevertheless custom and necessity has made it currant payment ; therefore of two evils it is safest to chuse the least . now it is evident , the bills are the least , because they do lessen every year by annual payments , but the clipp'd and counterfeit money daily encreases upon us , and has neither a present nor relative value , which the bills have , being secured upon a good fund . object . ii. great number of blanks and prizes are bought up , and made a fund for the million bank , and not to be had . answ . the blanks are not more worth than l. s. and the prizes than seven years purchase , and no doubt but profit will bring them out where-ever they are ; for by this proposal there will be near per cent. advantage , besides the benefit of getting clear of the clipp'd money . object . iii. some persons have tickets , but have not money to pay in upon them . answ . those that have not money , may be supplied by others that have no tickets ; so that they will be mutually serviceable to each other ; and whoever has more tickets than he shall make use of himself , making it publick he need not doubt a chapman . all which is humbly submitted to the consideration of this honourable house . by j. p. t. b. mr. john miltons character of the long parliament and assembly of divines in mdcxli omitted in his other works and never before printed ... character of the long parliament and assembly of divines in mdcxli milton, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) mr. john miltons character of the long parliament and assembly of divines in mdcxli omitted in his other works and never before printed ... character of the long parliament and assembly of divines in mdcxli milton, john, - . [ ], p. printed for henry brome ..., london : . copy at reel : (m ) erroneously identified as "mr. john m. hons character of the long parliament", supposedly by sir james tyrrell, with wing no. t . reproduction of originals in the huntington library and the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. westminster assembly ( - ) great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion m r john miltons character of the long parliament and assembly of divines in mdcxli . omitted in his other works , and never before printed , and very seasonable for these times . london : printed for henry brome , at the gun at the west-end of st. pauls , . to the reader . the reader may take notice , that this character of mr. miltons was a part of his history of britain , and by him designed to be printed : but out of tenderness to a party , [ whom neither this nor much more lenity has had the luck to oblige ] it was struck out for some harshness , being only such a digression , as the history it self would not be discomposed by its omission : which i suppose will be easily discerned , by reading over the beginning of the third book of the said history , very near which place this character is to come in . it is reported ( and from the fore-going character it seems probable ) that mr. milton had lent most of his personal estate upon the publick faith ; which when he somewhat earnestly and warmly pressed to have restored [ observing how all in offices had not only feathered their own nests , but had enricht many of their relations and creatures , before the publick debts were discharged ] after a long and chargeable attendance , met with very sharp rebukes ; upon which at last despairing of any success in this affair , he was forced to return from them poor and friendless , having spent all his money , and wearied all his friends . and he had not probably mended his worldly condition in those days , but by performing such service for them , as afterwards he did , for which scarce any thing would appear too great . mr. john miltons character of the long parliament in . of these who sway'd most in the late troubles , few words as to this point may suffice . they had arms , leaders , and successes to their wish ; but to make use of so great an advantage was not their skill . to other causes therefore , and not to the want of force , or warlick manhood in the britains , both those , and these lately , we must impute the ill husbanding of those fair opportunities , which might seem to have put liberty so long desired , like a bridle into their hands . of which other causes equally belonging to ruler , priest , and people , above hath been related : which , as they brought those antient natives to misery and ruine , by liberty , which , rightly used , might have made them happy ; so brought they these of late , after many labours , much blood-shed , and vast expence , to ridiculous frustration : in whom the like defects , the like miscarriages notoriously appeared , with vices not less hateful or inexcusable . for a parliament being call'd , to redress many things , as 't was thought , the people with great courage , and expectation to be eased of what discontented them , chose to their behoof in parliament , such as they thought best affected to the publick good , and some indeed men of wisdom and integrity ; the rest , [ to be sure the greater part , ] whom wealth or ample possessions , or bold and active ambition [ rather than merit ] had commended to the same place . but when once the superficial zeal and popular fumes that acted their new magistracy were cool'd , and spent in them , straight every one betook himself , setting the common-wealth behind , his private ends before , to do as his own profit or ambition led him . then was justice delayed , and soon after deny'd : spight and favour determined all : hence faction , thence treachery , both at home and in the field : every where wrong , and oppression : foul and horrid deeds committed daily , or maintain'd , in secret , or in open . some who had been called from shops and ware-houses , without other merit , to sit in supreme councels and committees , [ as their breeding was ] fell to huckster the common-wealth . others did thereafter as men could sooth and humour them best ; so he who would give most , or under covert of hypocritical zeal , insinuate basest , enjoyed unworthily the rewards of learning and fidelity ; or escaped the punishment of his crimes and misdeeds . their votes and ordinances , which men lookt should have contained the repealing of bad laws , and the immediate constiturion of better , resounded with nothing else , but new impositions , taxes , excises ; yearly , monthly , weekly . not to reckon the offices , gifts , and preferments bestowed and shared among themselves : they in the mean while , who were ever faithfullest to this cause , and freely aided them in person , or with their substance , when they durst not compel either , slighted , and bereaved after , of their just debts by greedy sequestrations , were tossed up and down after miserable attendance from one committee to another with petitions in their hands , yet either mist the obtaining of their suit , or though it were at length granted , [ mere shame and reason oft-times extorting from them at least a shew of justice ] yet by their sequestratours and sub-committees abroad , men for the most part of insatiable hands , and noted disloyalty , those orders were commonly disobeyed : which for certain durst not have been , without secret complyance , if not compact with some superiours able to bear them out . thus were their friends consiscate in their enemies , while they forfeited their debtours to the state , as they called it , but indeed to the ravening seizure of innumerable thieves in office : yet were withal no less burthened in all extraordinary assesments and oppressions , than those whom they took to be disaffected : nor were we happier creditours to what we call'd the state , than to them who were sequestred as the states enemies . for that faith which ought to have been kept as sacred and inviolable as any thing holy , the publick faith , after infinite sums received , and all the wealth of the church not better imploy'd , but swallowed up into a private gulph , was not ere long ashamed to confess bankrupt . and now besides the sweetness of bribery , and other gain , with the love of rule , their own guiltiness , and the dreaded name of just account , which the people had long call'd for , discovered plainly that there were of their own number , who secretly contrived and fomented those troubles and combustions in the land , which openly they sate to remedy ; and would continually finde such work , as should keep them from being ever brought to that terrible stand , of laying down their authority for lack of new business , or not drawing it out to any length of time , tho' upon the ruine of a whole nation . and if the state were in this plight , religion was not in much better ; to reform which , a certain number of divines were called , neither chosen by any rule or custome ecclesiastical , nor eminent for either piety or knowledge above others left out ; only as each member of parliament in his private fancy thought fit , so elected one by one . the most part of them were such , as had preach'd and cryed down , with great shew of zeal , the avarice and pluralities of bishops and prelates ; that one cure of souls was a full employment for one spiritual pastour how able soever , if not a charge rather above humane strength . yet these conscientious men ( ere any part of the work done for which they came together , and that on the publick salary ) wanted not boldness , to the ignominy and scandal of their pastor-like profession , and especially of their boasted reformation , to seize into their hands , or not unwillingly to accept [ besides one , sometimes two or more of the best livings ] collegiate masterships in the universities , rich lectures in the city , setting sail to all winds that might blow gain into their covetous bosoms : by which means these great rebukers of non-residence , among so many distant cures , were not ashamed to be seen so quickly pluralists and non-residents themselves , to a fearful condemnation doubtless by their own mouths . and yet the main doctrine for which they took such pay , and insisted upon with more vehemence than gospel , was but to tell us in effect , that their doctrine was worth nothing , and the spiritual power of their ministry less available than bodily compulsion ; perswading the magistrate to use it , as a stronger means to subdue and bring in conscience , than evangelical perswasion : distrusting the virtue of their own spiritual weapons , which were given them , if they be rightly called , with full warrant of sufficiency to pull down all thoughts and imaginations that exalt themselves against god. but while they taught compulsion without convincement , which not long before they complained of , as executed unchristianly , against themselves , these intents are clear to have been no better than antichristian : setting up a spiritual tyranny by a secular power , to the advancing of their own authority above the magistrate , whom they would have made their executioner , to punish church-dellnquencies , whereof civil laws have no cognizance . and well did their disciples manifest themselves to be no better principled than their teachers , trusted with committeeships and other gainful offices , upon their commendations for zealous , [ and as they stickt not to term them ] godly men ; but executing their places like children of the devil , unfaithfully , unjustly , unmercifully , and where not corruptly , stupidly . so that between them the teachers , and these the disciples , there hath not been a more ignominious and mortal wound to faith , to piety , to the work of reformation , nor more cause of blaspheming given to the enemies of god and truth , since the first preaching of reformation . the people therefore looking one while on the statists , whom they beheld without constancy or firmness , labouring doubtfully beneath the weight of their own too high undertakings , busiest in petty things , trifling in the main , deluded and quite alienated , expressed divers ways their disaffection ; some despising whom before they honoured , some deserting , some inveighing , some conspiring against them . then looking on the church-men , whom they saw under subtle hypocrisie to have preached their own follies , most of them not the gospel , time-servers , covetous , illiterate persecutors , not lovers of the truth , like in most things whereof they accused their predecessors : looking on all this , the people which had been kept warm a while with the counterfeit zeal of their pulpits , after a false heat , became more cold and obdurate than before , some turning to lewdness , some to flat atheism , put beside their old religion , and foully scandalized in what they expected should be new . thus they who of late were extoll'd as our greatest deliverers , and had the people wholly at their devotion , by so discharging their trust as we see , did not only weaken and unfit themselves to be dispensers of what liberty they pretended , but unfitted also the people , now grown worse and more disordinate , to receive or to digest any liberty at all . for stories teach us , that liberty sought out of season , in a corrupt and degenerate age , brought rome itself into a farther slavery : for liberty hath a sharp and double edge , fit only to be handled by just and vertuous men ; to bad and dissolute , it becomes a mischief unweildy in their own hands : neither is it compleatly given , but by them who have the happy skill to know what is grievance , and unjust to a people , and how to remove it wisely ; what good laws are wanting , and how to frame them substantially , that good men may enjoy the freedom which they merit , and the bad the curb which they need . but to do this , and to know these exquisite proportions , the heroick wisdom which is required , surmounted far the principles of these narrow politicians : what wonder then if they sunk as these unfortunate britains before them , entangled and opprest with things too hard ; and generous above their strain and temper ? for britain , to speak a truth not often spoken , as it is a land fruitful enough of men stout and courageous in war , so is it naturally not over-fertile of men able to govern justly and prudently in peace , trusting only in their mother-wit ; who consider not justly , that civility , prudence , love of the publick good , more than of money or vain honour , are to this soyl in a manner outlandish ; grow not here , but in minds well implanted with solid and elaborate breeding , too impolitick else and rude , if not headstrong and intractable to the industry and vertue either of executing or understanding true civil government . valiant indeed , and prosperous to win a field ; but to know the end and reason of winning , unjudicious and unwise : in good or bad success alike unteachable . for the sun which we want , ripens wits as well as fruits ; and as wine and oyl are imported to us from abroad : so must ripe understanding , and many civil vertues , be imported into our minds from forreign writings , and examples of best ages , we shall else miscarry still , and come short in the attempts of any great enterpise . hence did their victories prove as fruitless , as their losses dangerous ; and left them still conquering under the same grievances , that men suffer conquered : which was indeed unlikely to go otherwise , unless men more than vulgar bred up , as few of them were , in the knowledge of antient and illustrious deeds , invincible against many and vain titles , impartial to friendship and relations , had conducted their affairs ▪ but then from the chapman to the retailer ▪ many whose ignorance was more audaciou ▪ than the rest , were admitted with all their fordid rudiments to bear no mean sway among them , both in church and state. from the confluence of all their errors , mischiefs , and misdemeanous , what in the eyes of man could be expected , but what befel those antient inhabitants whom they so much resembled , confusion in the end ? but on these things , and this parallel , having enough insisted , i return to the story which gave us matter of this digression . finis . a letter from an officer in his majesties army, to a gentleman in glocester-shire upon occasion of certain quære's [sic] scattered about that countrey. heylyn, peter, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from an officer in his majesties army, to a gentleman in glocester-shire upon occasion of certain quære's [sic] scattered about that countrey. heylyn, peter, - . [ ], [i.e. ] p. s.n.], [oxford, oxfordshire : . dated at end: th of april, . the queries concern the continuing of parliament, the king's protection of delinquents, and the papists. attributed to peter heylyn. cf. blc. reproduction of original in huntington library. eng england and wales. -- parliament. great britain -- history -- charles i, - . a r (wing h a). civilwar no a letter from an officer in his majesties army: to a gentleman in glocester-shire. upon occasion of certain quere's [sic] scattered about th heylyn, peter c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from an officer of his majesties army : to a gentleman in glocester-shire . upon occasion of certaine quaere's scattered about that countrey . imprinted in the yeare . . a letter from an officer of his maiesties army , to a gentleman in govcester shire . upon occasion of certaine quaere's scattered about that countrey . sir , i have received your letter and your quaere's , which you say make a deepe impression in many , of whose honestie and publique affections i have a very good esteeme ; and that they are made by one who hath a great desire to receive ease and satisfaction himselfe , as being of a nature very undelighted and passive in these distractions . the first ( how strange soever it seemes to reason ) i must believe , especially when i find your selfe whom i have often knowne very easily to master more difficult contentions , brought to some pause , as if somewhat were said to you , you could not well get from ; no doubt many others of lesse subtile understandings , and it may be hurt by the necessary pressures , and provoked by unwarrantable insolencies of the kings souldiers , are , or seeme to be really puzzled . but for the author of those quaere's , you must pardon me if i doe not believe him to be a man of so innocent a nature as you would imply ; doubtlesse these scruples never sprung from a minde in labour to find out truth ; but are contrived by a person very well able to answer his owne objections ; and having pretended conscience against his owne understanding , hath found these little excuses to make a party against weaker men . the first scruple seems to be a tendernesse of the act for continuance of this parliament , which that gentleman would apprehend to be broken by his maesties not consenting to all the counsells now given him by both houses ; if i thought this obiection to be of moment to you , i should give your understanding for lost , and expect your cure onely by that which mis-led you , successe : but i must observe to you the uningenuity of your honest man , who would make the people beleive that by his maiesties consenting to passe that act , that assembly were authourized to command , and his maiesty obliged to obey whatever they prescribed ; when that gentleman well knowes nothing is enacted by that law , but that this parliament shall not be disolved but by act of parliament . you well remember in what condition things stood at the passing of that law , two armies in the bowells of the kingdome at l . the moneth so much to be raised for support of them , and a much greater summe to disband them ; all this mony was to be borrowed , and upon the security as mony in those happy dayes used to be lent , for the new merry security of the publike faith , by a vote of both houses was not then currant enough to be obtruded to the people the credit of many worthy persons was to be used for the procuring this supply and it seemed no unreasonable warinesse of those who exposed themselves and their fortunes to this hazard , to desire that the body , at whose instance they undertooke those engagements , might not be dissolved , before it had taken some course to secure such undertakings , and provision should be made for the indempnity of those who had submitted to such burthens . this reason , and this alone prevailed with his maiesty to agree that this parliament should not be dissolved without their consent , who seemed voluntarily to engage themselves for the peace & benefit of the kingdome , how this continuance of the parliament should now give both houses the prerogative they have assumed , i cannot understand , and themselves have publikely acknowledged in their declarations , that they were to blame if they undertook any thing which they would not undertake if it were in his ma. power to dissolve them to morrow . think now with your selfe if the king should argue with both houses upon their ground that the trust being broken , the power may be reassumed immediatly into the hands which reposed that trust , might he not iustly say that they had betrayed and forfeited that trust , by using the meanes which was given them to disburthen the common-wealth of a debt which was then thought insuportable , only to plunge it irrecoverably into a greatter , and to ruine the kingdome to prefer halfe a score men . and if the people should follow their logique , he tryed only by the equity of the law , might they not charge them with the breach of trust , in changing the whole frame of the governement of the kingdome , and subiecting them to so unlimited an arbitrary power , that no man can know at the setling of the houses , what he shall be worth at their rising ? did they intend , when they let these men into that assembly , that they should shut the door , and keepe those that sent them for ever from those councells ? did the king intend that they should rob , depose and murther him ? and did the people intend that their fellowes and companions should imprison , plunder and destroy them ? and if the abused king , and iniured people should now declare this act to be void , and in it selfe against the fundamentall lawes of the kingdome , and so this parliament to be disso●ved , would not you . principles and foundations beare them out ? you are one of the oldest parliament men i know , and however you may have since changed your mind ; have to me seemed the most scandalized at the indignities offered to the very being of parliament , by the wildnesse and fury of this . did not you passonately reprehend the pert burgesse of your own towne for arguing against the kings negative voice , because then it may fall out that the common-wealth might be ruined for want of a supplementall law , which the perversnesse of one man would not confent to ? did you not then ( after you had shewed the impossibility and madnesse of such suppositions , and that from the beginning of this monarchy to this day no inconvenience had hapned of that kind ) say that you were perswded in your conscience that the lawes of the kingdome were so compleat , in order to the government of the kingdome that if there should never more be made so the old were faithfully observed the kingdome would be at least without any diminution of its happinesse ? on the other side , if the kings consent were not necessary you said all those bills which had heretofore passed both houses , and for want of the royall assent had been layed by , would now rise up as so many lawes to as great a confusion as these ordinances have made ? did you not then say that when parliaments left their modestie , they w●u●d lose their reputation , and when they walked in any other path then of their known presidents , and iudged by any other rule then the known laws they would advance a tyranny more insupportable then ever rome or greece endured ? your priviledges which are freedom of speech , and freedom from imprisonment , ( except where the law sayes you may be imprisoned where are they ? how violated ? and by whom , but by your selves : how many men chosen and sent by their countries , have you turned out of the house or not concurring with you in opinion ? how monstrous is it that the king may not commit a member who attempts to kill him without your leave ; and you may commit another , for but desiring to kisse his hand ? and whilest you would not suffer his maiestie , without breach of priviledge , to commit traytors and fellons , because they are members of either house you are content that alderman pennington or any of the city captaines commit those who sit amongst you , and you have not the courage to reprehend them . do you think the people of england can look long upon sixscore or sevenscore men ( for both houses doe not containe a greater number ) as upon the high court of of parliament ? when a great part of those two are persons of such desperate fortunes , and contemptible undertakings , as off from those benches were never thought fit for sober and honest counsels . you may break what iests you please upon the king and the cavaliers , and say , that if he were in his owne power , he would quickly returne to his parliament , but truely the court here hath so much charity to beleeve , if both houses were at liberty to doe according to their consciences , this publique fire would be quickly quenched . beleeve it no sober man looks upon you under any other notion , then as men besieged by the desperate common councell of london , and their adherents , who awe and fright you to their wicked and damnable conclusions : nay , the close committee it selfe is a greater breach of the priviledge of parliament then the kings comming to the house , and the taking the five members from thence could have beene . i am as little pleased with the perpetuity of this parliament , as i have beene with the untimely breaking of others ; and let me tell you , all the dissolutions of parliament from the beginning of them to this time , hath not done halfe that mischiefe as the continuance of this hath done ; and yet since it hath the countenance of a law , i wish it may never be dissolved but by a law . what designes have these men even upon parliaments themselves , is too evident , whereas if the king prevailes : parliaments are againe restored to their full lustre : you have read his protestations solemnly made in the presence of god for defence of the priviledges of parliaments ; he is too iust and too pious a prince to break those promises and to reproach himselfe with his owne declarations ; but if he should enquire , whether the persons about him , even the officers of his army are like to concurre with him in those ends ? i am perswaded it would be more in his power to imploy his army to the destruction of the law , then you once thought it was to raise one for his preservation . in a word as you esteeme and reverence reall parliaments ▪ abhorre these men who would use the word parliament onely as a stalking horse to destroy all acts of parliament ; there cannot be a more irreverent mention of parliaments , then to call the fanatique actions of a few desperate , seditious persons the proceedings of parliament . a parliament is the great councell of the kingdome graciously called by his maiesties writ , confidently to present the grievances of the people , and humlby to offer their advice and councels so reformation ; if they come unsent for , irregularly call that a grievance that the law allowes , and insolently command in stead of modestly advising the royall power by whose authority they come together , they doe as much as in them lies ▪ dissolve the parliament by proceeding against the nature of parliaments . the next scandall this wise gentleman takes , is at the protecting delinquents ; does this trouble you to ? call your memory to an account , i think i have heard you say you have been of eight parliaments . how many delinquents have you 〈…〉 seven of them ? and what were they ? were not 〈◊〉 o● them 〈◊〉 such as had presumed to sue or arrest priviledged persons ? how many men in your time have you knowne committed by the house of commons before this parliament ? doe you think it reasonable ▪ t●at they who c●nno● examine , should have power to iudge ? you had need take the course you doe to slight and underva●ue all oaths , that they may not be thought necessary to legall and regular proceedings ▪ and yet why doe you then at all intimate your owne incompetencie , by sometimes desiring the lords to help you examine men by oath ? how comes it that you confesse oathes at some time to be necessary for finding out the truth , and passe it over as impertinent at other ? when you have evidence ▪ you think it a popular thing to use it , if you have none you can iudge as well without it . you have a trick to be satisfied in your owne ( consciences that can commit treason , felony , rapes , and sacriledge in the feare of god ) & then all formes and essences of proceedings , which can only distinguish right from wrong , must be dispensed with . if a treason were committed , how comes the lord chief iustice to be left out in the enquiry and no other minister imployed but your sergeant ? why should not the common-wealth heare of treason and misprision of treason in westminster hall , where the termes are understood ; but onely in the house of commons ? if a man should come to the house of commons barre , and desire the sergeant of that house should be sent for a man as delinquent , who took his purse from him upon black-heath , or picked his pocket in smithfield , if the theife were not a member of either house ( god forbid they should have the priviledge to iudge one another ) would you not think the fellow mad , and wish him to go to the next minister of iustice ? how come you to be so subtile to be able to iudge and define treasons ; about which your ancesters have been so carefull , to leave it in the view of any man what it is ? tell your selfe without blushing , who you thinke are meant by delinquents : is it not visible to all the world , that you intend all such who are not or will not be traitors to the knowne lawes , to be delinquents to both houses ? and 't is a notable breach of priviledge that his maiesty will protect these delinquents from you ; looke over your owne votes and see if all men who do not assist you in your pious work of murthering the king , and destroying the common-wealth ( for you have faithfully requited the lazy gentlemen who desired to be lookers on ) are not comprehended in the number of delinquents : what was sir iohn hotham for denying his maiestie admittance into his owne towne of hull ? a priviledged person and an upright patriot : what were they who attended his maiesty when he presumed desperatly and rebelliously to offer to go thither ? delinquents : and yet his maiesty will not suffer those who kept him out , to iudge those who should have gon in with him ; wonderfull breach of priviledge , and protecting of delinquents ! if we cannot recover law againe , for gods sake let us have sense restored to us and not grow beasts in our understanding as well as in our liberty ; it will make us love mankind the worse , to see men with sad browes , as if they believed themselves , seriously urge things in publique which in privat would make friends quarrell , for the scorne and indignity offered to reason such is all your discourse of priviledges and delinquents . but you have at last found a prety obligation upon your selves to rebell against law and reason , your late protestation requires all this at your hands , in the behalfe of the priviledges of parliament , which by that you are bound to defend , and so you rescue your selves from the duty of allegiance , to which you have regularly and legally sworne by a voluntary protestation to doe somewhat you doe not understand : if there be any thing by that protestation enioyned to be done , which was unlawfull to be done before the protestation was taken , 't is no more to bee iustified by that act , then any other unlawfull thing is by a ras● and wicked vow entred into by a person who desires to doe mischiefe . if there bee nothing in it but what before was the duty of every man , there needs no argument from the protestation ; the truth is , though i like not the use hath beene made of it to poyson and mislead simple people , nor the irregularity ( to call it no worse ) of compelling men to take it when no law requires it , i know nothing promised or undertaken in that protestation which every honest man doth not , and alwayes did hold absolutely to be his duty , no man being obliged by it to doe any thing , but as farre as lawfully he may . and would not a stander by think a man mad , that should sweare to defend the kings person , and to maintaine the priviledges of parliament , and immediately draw his sword upon the king whose person he knew , in the behalfe of somwhat he is told is priviledge of parliament ? we are gotten againe into the old circle of folly and madnesse . your last scruple i will be serious with you in , 't is that ( however throwne among the people malitiously , and indeed against the conscience of the contrivers ) which i know startles many well meaning , and well-wishing men , you are afraid of the papists , and that if the king prevailes , that religion will have too great a countenance and growth , to the scandall of ours ; indeed if this feare were well grounded , you would have so many partners with you in your trouble , that you would even be satisfied in your company , and by that think your selfe secure against your feares ; what makes you doubt this , an inclination in the king himselfe ? let his life be examined , his continued publique acts of devotion , ( examples indeed for a through reformation ; ) his understanding the differences betweene the church of rome and us ; and so not onely utterly dissenting from them , but knowing why he doth so , and he will be found above the reach of envie or malice , and indeed above your owne feares and iealousies : take a list and survey of his servants and counsellors , who are suspected to have the least interest in his favours and inclinations , you will not find a man under the least taint that way and most of them ( till your dishonest uncharitable distinction of popish and popishly affected was throwne among the people ) thought eminent advancers of the true protestant religion established . and let me tell you , if there should be a breach made upon that religion these men would stand in the gap , when halfe your zelots would submit to an alteration , if it brought any satisfaction to their worldly ambition . but you say the queene is of that religion , and she hath a great interest and power over his affections , and you think it an un-kingly thing to be a good husband ; and whilst your selves are guided and swayed by other mens wives , ( for 't is not women you are angry with , you allow them whole sharers with you in your mischiefes ) you cannot endure he should so much as advise with his own ; indeed i cannot blame you to desire to keep him from any conversation with one you have used so ill . but how comes this melancholly upon you now ? is she more a catholique now then she was fifteen yeares since ? why did not these feares and iealousies break out into rebellion when he was first married ? before the nation knew any thing of her , but her religion ? after the experience of so many yeares ; after the enriching the kingdome with so hopefull and numerous an issue ; after the obliging all sorts of people with her favours , without dis-obliging any body that i have heard of ; after fifteene yeares living here with great expressions of love and affection to the english nation , without any other activity in religion , then to live well , and wish well to her owne , with equall esteeme of those who are not of the same profession , to desire to break and interrupt that excellent harmony in affections , is an ingratitude , an impiety worthy the contrivers of these bloody distempers : looke into the persons who have received the greatest testimony and evidences of her favours , you will not find them to be popish or popishly affected , but in the list of your own religious men and godly women ; if you will convert her , let your charity and humility , the principles of true religion , let your obedience and loyalty , the effects of true religion , be an evidence to her that yours is the right ; the course you take , will rather fright good people from any , then invite them to yours : she is a lady too well understands her owne share , and her owne adventure in the publique distractions , not to endeavour with her soule a reconciliation of them ; i would your ladies were like her ; she is as farre from revenge of iniuries and indignities , as from deserving them . you have the advantage in your provocati●ns , you have met with tempters as apt to forgive , as you are to offend who are as unlimited in their mercy as their enemies are in their insolencies : make good use of it , set your hearts upon peace , and you will easily finde the way to it ; be once ingenious , and you will be quickly safe . but oh , the great army of papists ! if that were disbanded your feares and iealousies would infinitely abate : that 's well ; pray observe how these papists come together . remember nottingham when you had a formed army of . men , and his maiesty not . muskets at his command in all his dominions ? if you had then fallen upon him and destroyed him ( as if your pride had not been greater then your loyalty you had done ; you meant to strip him by votes and ordinances of all succours and assistance , that he should be compelled to put himselfe into your hands for protection , and so confesse your army to be raised for his defence . ) wou d not now all christian princes have thought his maiesty guilty of his owne undoing , who would not suffer himselfe to receive ayd from any of his owne subiects , though they were papists ? you tell me the author of those queries is learned in the lawes pray get him to shew you one law , whereby the papists are inhibited to serve their soveraign against a rebellion ; because papists may not come neere the court without the kings leave , or weare armes , may not a papist ride post to tell the king of a designe to murther him ? or being present , take away a sword from that man who atempts to kill him ? sure there is no law hath prohibited the allegiance of the papists , and because they will not come to church , forbid them to be subiects . if a fleet arived from france or spaine to invade us , were it not lawfull for a papist to endeavour to destroy that fleet ? and must he sit still in a rebellion , and see his soveraigne , and the lawes of the land ( in which he hath an equall interest with any other subiect ) in imminent visible danger to be destroyed , and must not assist either ? yet observe now ( how much soever you seeme to be scandalized at it ) what you your selves have done towards the raising this army of papists , and indeed if there be such an army , whether your selves have not raised it ( without breaking your owne iest , and saying 't is raised by the power of both houses , as yours is by the kings authority ) you seize upon all the papists estates , plunder their houses , imprison their persons , without the least colour of law , leaving them no place to breath in but under shelter of the kings army , and thence you would have the king drive them to , for being papists . you suffer mr. griffith to raise a troop of that religion for your service , and when they cashiere their captain , and come in to his maiestie , you would have him disband them because they are papists . for gods sake get one one of your orators to make a speech for the king to a papist , who shall say to him ; sir , i have lived modestly and dutifully at my owne house without assuming to my selfe any licence which the law gave me not ; i have humbly submitted to the penalties imposed on me , and contented my selfe with what the law hath left me , i am driven from thence by force of armes , my estate taken from me my liberty endeavored to be so to , i am your subiect you are my king vouchsafe me the protection you owe me . what answer shall he make : sir , you are a papist , and you shall not come neere me ; or sir i am content you shall be under the shelter and security of my forces , but upon your life use no weapon bear no arms , help them not though they are in danger to be cut in pieces before your face . let a sober man find a way to get out here , to be a king and not protect them . and after all this what a goodly army of papists hath his maiestie got together ? not to compare with you , for you say 't is no matter what number of papists you have , because there are no feares and iealousies of your favouring of popery ▪ ) i am confident , and i have my information from no ill hands , that in all his maiesties armies the papists cannot make one good regiment . get but the honest sober true protestants once of your mind , and my life upon it , you shall not see the papists grow above the reach of the law . here is an end of your author a word now to your owne letter i find you much transported with the apprehension of gods wonderfull blessings upon the proceedings of both houses , that their progresse and successe hitherto hath not beene lesse then miraculous ; indeed there are negative miracles , as well as affirmative for god to forbeare what according to his iustice and goodnesse , and other attributes we might expect from him by the way of punishment & revenge , is a miracle of his mercy in this sence , the world which hath seene your treason and rebellion your acts of iniustice , cruelty and inhumanity , your lying and blasphemy , your profannesse and sacriledge ( if your divines have left you the apprehension of such a sinne ( and by the way if they have , pray send me word what they meane by it ) they who have observed the ill arts you have used to compasse things in themselves lawfull , and the wicked arts you dayly use to compasse things unlawfull , and see that stones in the streets have not risen up against you , and fire from heaven hath not consumed you , must say you tempted god so far , so insolently ▪ that less then a miracle could not preserve you : ba●e me this one miracle , and tell me if the hand of god hath not bin upon you , and pursued you from the first houre you entred into rebellion , are you not fallen from your universall interest and reputation with the people , to that degree of hatred , that they curse you to your face ? are you not shrunke from the honour and reverence due to a parliament , to the imputation of a vile crowd of meane , guilty seditious persons ? doe not your friends every day forsake you , and those persons of quality whom you mislead , with more bitternes fall from you , then your first delinquents ? are not your own weapons turned upon you , and are not you afraid of those petitioners , whom with so much skill and industry you taught to petition ? is not your owne army , raised and maintained by your selves , growne so undevoted to you , that some commanders every day leave you , and others are committed by you for feare they will do so too ? are you not brought to that strait as to feare a mutiny for want of pay , and not to dare to pay for feare of a disbanding ? have you not by blood and rapine , with the curses of all good men gotten the treasure of the kingdome into your hands , and wasted it so that your wants are as notorious as your crimes ? lastly , are you not so iealous , so divided amongst your selves , that if your army prevailed to morrow , you were as far from compassing your own ends , as when you began your desperate undertaking ; your principall commanders being as far from their ends who conzened them into this rebellion , as the prime cavaliers in the kings army , excepting only their affection to the kings person . — there is the miracle on your parts ; see now what god hath done for his anointed ? call back your memory to the . of ianuary , look upon him driven furiously from whit-hall , with his wife and children , for feare of his life , whilest his owne servants for their security durst not be neere him ; looke upon him at hampton court , scornfully accused of levying warre against himselfe , and the sheriffes and constables appointed to disperse his army ; remember him at windsor without ordinary ; necessary support ; thinke of the th of ianuary , when you would not vouchsafe to tell him what you would have , requiring nothing but his submission to your counsells : remember him at yorke , and beverly , after you had possessed your selves of all his arms , castles , forts , townes and ships , and seized upon all the armes of the kingdome , stopped his rents , and incensed the people in all parts against him ; oh think upon him at nottingham when you would not vouchsafe to treat with him , onely giving your great generall power of receiving him to mercy , when you had reduced him to that condition , that he had neither armes , men , or money , or knew as you thought where to have any , and this at a time when you had a want on flourishing army of men within two dayes march of him to bring him back to london , here is an argument for a miracle ; observe him in a moment , as if regiments fell from the cloudes ▪ hasting his owne march to the place where he was expected without staying to be called upon at shrewsbury , view him at edgehill , with a handfull of men ( and if they were more imagine how he got them ) finding out his formidable army and dispersing them . himself taking as much pains to save those who came to destroy him as others had done to seduce them ; instead of being brought up by the earle of essex , as by the vote of both houses he ought to have been see him making his own way scattering those at reading , and showing himselfe at brainceford that if indeed he were so much desired at london and might be worthy●y received there they might have their wish . beleeve it sir , his maiesty hath not so great a iourney to the conquest of spaine , as he had from nottingham to brainceford . if you cannot suddenly find how this army was raised , enquire how it hath been kept together ; a fit of loyalty and affection , a litle dislike and indignation to see a good king ill used , might procure a present supply , but that this army raised without money , and armed without weapons , should live and grow six moneths together , that no souldiers should starve for want of meat , or murmur for want of pay , that the king should have a magazine , and you want armes that the king should pay his souldiers , and you have no mony , is such an instance of the power and presence of the almighty that if any such argument were currant with you , your principall members would no longer have tempted god in this kingdome but have sought him in a strange land . improve all these instances by your own observations , and tell me sadly on whose side the miracles have appeared . you would know my opinion what the burgesse of d. should doe , and you tell me , his honour will not suffer him too apparantly to recede from those with whom he hath kept so much company . i know not what counsell to give you upon that principle , if his honour and his innocence have not a care of each other , neither can be safe ; me thinks the king himself hath given you a rare pattern of modesty in that point ; he did not satisfy himself with cōsenting to new laws , but acknowledged passed errors . reparation is as soveraign a thing as bounty , and except there be this ingenuity , reformation can never be perfect ; you say he doubts what he hath done formerly will be more remembred then what he hath since done or shall doe for the future ; hee is too blame , he hath not a generous nor a christian mind , who thinks ill services may not bee throughly repaired by future duty . i am so farre from that opinion as though his mistakes have been of as ill consequence to the publike as most mens , i beleeve he hath so good an opportunity by some eminent service to repaire himselfe , that he may even lay an obligation of gratitude upon the king , not only to forgive but reward his affection . there is no such way to have what he now does , not valued as by iustifiing what he hath done so contrary to this ; 't is no scandall to be deceived , lesse to confesse he was so . let him take the same pain to oppose and suppresse unreasonable persons as he doth to perswade others to consent to what himselfe thinks unreasonable , and the worke is done . as he hath a taske to doe somewhat that is noble , so he hath a faire game before him having done it . i know nothing of yours unanswered , you must give me leave hereafter not to beleive you , if you stumble any more at these strawes rather consider what he is to answere to god , the king , his country and posterity , that sits idle without resisting the violence and indignity offered to all foure , that is content to see this pretious game of religion , liberty and honour played at other mens charges , and possibly in hazard of being lost for want of his assistance ; consider whether you and the rest who first excercised the militia in gloucester-shire , & so discomposed the government , and first taught the people a new obedience , have not to answere for all the miseries , and pressures which have since befallen that poore country . let those who have contributed to the raising and maintaining of that rebellious army , think sadly , whether they are not guilty of all the blood-shed on either side , & in this meditation that vertuous lord , ( who had long since been starved but for the kings meat , and bin naked , but for his clothes ) may find himselfe guilty of the murther of his father ; remember the blessed condition we were in , moneths since and be proud if you can of the state you have now brought us to think of the firm stable happines our auncestors enjoyed , and resolve there cannot be security but by the same rule . 't is not laying down arms makes a peace , but such a vnion of affections , that neither party unpleasantly remembers the way to it . if king or people be enforced to give away that which properly belongs to them , it will produce rather rest then peace , and the memory therof will be so grievous to the loser , that perpetuall iealousies and discontents will be between them : insist upon your rights ; let all doubts which may concern religion , libertie and propertie be cleared and secured ; let parliaments recover their good old priviledges , these are all our birthrights , and hath bin that which hath made the happines and freedom of the english nation loved and envied through christendome ; we will not part with a tittle of them , but when they shall be in danger , will ioyne with you in their defence . but let us rest here , press not the king to part with what properly helongs to him , 't is our right to see that he enioyes his ; the houre that he growes lesse a king , we have lost a part of our freedome : if the power of subiects be once inlarged , we are losers by it , and affect an authority will destroy us . do not think the kings love of peace can invite him to part with the benefits of peace ; what would the world think of him , if after the taking up arms for the defence of his own , he should upon condition he might lay them down againe , part with that for the maintenance of which he took them up ? would he not iustifie what hath bin done against him , if he yeelded that now , which if he had . months since all this confusion they will say might have bin prevented ; and will he not leave an excellent encouragement to posterity to tread in their fathers steps , and to follow the example of their prosperous wickednesse ? doe not think a iewell plucked out of the royall diadem can keep its brightnesse and lustre in any other place ; 't is a losse to the nation which cannot be repaired by an access of power to private hands . if this be reason ; let not the folly and madnesse of other people make you quit it : warre it selfe is not halfe so grievous , as the iurisdiction of these men who would have you resigne your understanding to their fury and madnesse . let them shift for themselves , and you shall quickly see what a contemptible people they will prove : let religion , reason , law iustice and honour be your guids ; the kingdome will flourish , and we shall againe be happy in each other . from my quarter , this . of april . . finis . at the court at hampton-court, june . . whereas by an act of parliament in the twelfth year of his majesties reign, entituled, an act for the encouraging and increasing of shipping and navigation of this nation... england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) at the court at hampton-court, june . . whereas by an act of parliament in the twelfth year of his majesties reign, entituled, an act for the encouraging and increasing of shipping and navigation of this nation... england and wales. sovereign ( - : charles ii) browne, richard, sir, - . charles ii, king of england, - . sheet ([ ] p.) s.n., [london : ] title from caption and first lines of text. list of those present follows caption title. signed at end: richard browne. publication data suggested by wing. with royal coat of arms at head of text. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- an act for the encouraging & increasing of shipping and navigation of this country. import quotas -- england -- th century -- sources. foreign trade regulation -- england -- th century -- sources. broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion at the court at hampton-court , june . . present the kings most excellent majesty . his royal highness the duke of york . his highness prince rupert . lord chancellour . lord treasurer . duke of albemarle . duke of ormond . marquess of dorchester . lord great chamberlain . lord chamberlain . earl of berkshire . earl of portland . earl of norwich . earl of sandwich . earl of anglesey . earl of carlisle . earl of landerdaill . lord wentworth . lord hatton . lord holles . lord ashley . sir william compton . m r treasurer . m r vice-chamberlain . m r secretary nicholas . m r secretary morrice . whereas by an act of parliament in the twelfth year of his majesties reign , entituled , an act for the encouraging and increasing of shipping and navigation of this nation , amongst sundry other particulars it was enacted , that no goods or commodities that are of forreign growth , production , or manufacture , and which are to be brought into england , ireland , wales , the islands of guernsey and jerzey , or town of berwick upon tweed in english-built shipping , and other shipping belonging to some of the aforesaid places , and navigated by english mariners , shall be shipped or brought from any other place or places , country or countries , but only from those of their said growth , production or manufacture , or from those ports where the said goods and commodities can only , or are , or usually have been first shipped for transportation , and from none other places or countries , under the penalty of forfeiture of ship and goods ; and also that no sorts of masts , timber or boards , no forreign salt , pitch , tar , rozin , hemp , or flax , raysons , figgs , prunes , olive-oyls ; no sorts of corn or grain , sugar , pot-ashes , wines , vinegar , or spirits called aqua-vitae , or brandy wine , shall from and after the first day of april , which shall be in the year of our lord . be imported into england , ireland , wales , or town of berwick upon tweed , in any ship or vessel whatsoever , but such as do truly and without fraud belong to the people thereof , or of some of them , as the true owners and proprietors thereof , and whereof the master and three fourths of the mariners at least are english , under the penalty aforesaid : and also that all french and germane wines imported into the said ports and places , in any other vessel then english , irish , welch , or berwick , and navigated as aforesaid , shall be deemed aliens goods , and pay custome accordingly . and whereas notwithstanding the said act several letters or warrants ( through mis-information ) have been obtained from his majesty , by which the lubeckers , their ships , mariners and merchants , are licensed to come into england , and other his majesties kingdoms and dominions , freed from the penalty of the said act , upon pretence of a former custome , and transport thence in their own ships merchandizes not only of the growth of germany or coming from thence , but also out of norway , swedeland , leifland , and other places scituate on the baltick sea ; all which this board taking into serious consideration , and well weighing the ill consequences by trenching upon the said act , and damages and inconveniences which ( by such toleration ) will accrue to the english owners of shipping , mariners , and merchants ; it was this day ordered by his majesty in council , that all and every such letters , licences , or warrants at any time heretofore obtained from his majesty , or any other authority , for permitting any such ships or vessels as aforesaid to trade contrary to the said act for encouraging and increasing the shipping and navigation of this kingdom , be , and hereby they are revoked , recalled , and declared void to all intents and purposes , as if no such letters , licences , or warrants had ever been had or obtained : and hereof as well the commissioners and officers of his majesties customs in all and every the ports and harbours of his majesties kingdoms and dominions , as also all other persons therein concerned are required to take notice , and to conform hereunto : and the said commissioners and officers of his majesties customs are to take care that by convenient time given to those who are already come , or hereafter shall adventure upon any former order into this or any other port , that by this revocation they be not damnified by any sudden surprizal : for all which this shall be to them and every of them sufficient warrant . richard browne . a declaration of the lords and commons assembled in parliament. die veneris, . decemb. . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament. die veneris, . decemb. . england and wales. parliament. sheet ([ ] p.) printed for john wright, at the kings-head in the old-bayley, london : . taking into consideration a printed paper, 'a solemne protestation of the imprisoned and secluded members, &c.' wherein amongst other things is declared that all acts, ordinances, etc. made since the first of this instant december, and made during their restraint, are no way obligatory, the lords and commons declare that the said printed paper is false, scandalous, and seditious, and tending to destroy the visible and fundamental government of this kingdome; and do order the said paper to be suppressed -- cf. steele. order to print signed: joh. brown cler. parliamentorum. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . a solemn protestation of the imprisoned and secluded members of the commons house -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament. die veneris, . decemb. . england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . die veneris , . decemb. . the lords and commons assembled in parliament , taking into their consideration , a printed paper , intituled , ( a solemne protestation of the imprisoned and secluded members , &c. ) wherein amongst other things it is declared ( that all acts , ordinances , votes ▪ and proceedings of the house of commons , made since the sixt of this instant december , or hereafter to be made during their restraint , and forceable seclusion from the house , and the continuance of the armies force upon it , are no way obligatory , but void , and null , to all intents and purposes . ) the said lords and commons doe thereupon judge and declare the said printed paper to be false , scandalous , and seditious , and tending to destroy the visible and fundamentall government of this kindome ; and doe therefore order and ordaine the said printed paper to be supressed : and that all persons whatsoever , that have had any hand in , or given consent unto the contriving , framing , printing , or publishing thereof , shall be adjudged , and hereby are adjudged uncapable to beare any office , or have any place of trust , or authority in this kingdome , or to sit as members of either house of parliament . and doe further order and ordaine , that every member of either house respectively now absent , upon his first comming to sit in that house whereof he is a member , for the manifestation of his innocency , shall disavow and disclaime his having had any hand in , or given consent unto the contriving , framing , printing , or publishing of the said paper , or the matter therein contained . die veneris , . decemb. . ordered by the lords assembled in parliament , that this declaration be forthwith printed , and published . joh. brown cler. parliamentorum . london printed for john wright , at the kings head in the old-bayley , . anno regni caroli ii. regis angliæ, scotiæ, franciæ, & hiberniæ, duodecimo. at the parliament begun at westminster, the five and twentieth day of april, an. dom. in the twelfth year of the reign of our most gracious soveraign lord charles, by the grace of god, of england, scotland, france, and ireland, king, defender of the faith, &c. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e thomason e _ this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) anno regni caroli ii. regis angliæ, scotiæ, franciæ, & hiberniæ, duodecimo. at the parliament begun at westminster, the five and twentieth day of april, an. dom. in the twelfth year of the reign of our most gracious soveraign lord charles, by the grace of god, of england, scotland, france, and ireland, king, defender of the faith, &c. england and wales. sovereign ( - : charles ii) england and wales. parliament. [i.e. ], [ ] p. printed by john bill, printer to the kings most excellent majesty, [london : ] [i.e. ] contains the acts drafted by the convention parliament. list of additional acts not included: pp. - . signatures: a-z² a- g² h¹ i- p² . annotation on thomason copy: "jan ". reproduction of the original in the british library. an act for the better ordering the selling of wines by retail -- an act for the levying of the arrears of the twelve moneths assessment commencing the th of june , and the six moneths assessment commencing the of december -- an act for granting unto the kings majesty, four hundred and twenty thousand pounds, by an assessment of threescore and ten thousand pounds by the moneth, for six moneths, for disbanding the remainder of the army and paying off the navy -- an act for further supplying and explaining certain defects in an act intituled an act for the speedy provision of money for disbanding and paying off the forces of this kingdom -- an act for the raising of seventy thousand pounds for the further supply of his majesty -- an act for the attainder of several persons guilty of the horrid murther of his late sacred majestie king charles the first -- an act for confirmation of leases and grants from colledges and hospitals -- an act for confirmation of marriages -- an act for prohibiting the planting, setting, or sowing of tobacco in england and ireland -- an act for erecting and establishing a post-office -- an act impowering the master of the rolls for the time being, to make leases for years, in order to new build the old houses belonging to the rolls. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- demobilization -- early works to . wine and wine making -- law and legislation -- great britain -- early works to . taxation -- law and legislation -- great britain -- early works to . wool industry -- great britain -- early works to . regicides -- early works to . marriage law -- great britain -- early works to . tobacco -- law and legislation -- great britain -- early works to . postal service -- great britain -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion anno regni caroli ij. regis angliae , scotiae , franciae , & hiberniae , duo decimo . at the parliament begun at westminster the five and twentieth day of april , an. dom. . in the twelfth year of the reign of our most gracious soveraign lord charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. london , printed by john bill , printer to the kings most excellent majesty , . cum privilegio . anno xii . caroli ii. regis . an act for the better ordering the selling of wines by retail , and for preventing abuses in the mingling , corrupting , and vitiating of wines , and for setting and limiting the prices of the same . for the better ordering of selling of wines by retail in taverns , and other places , and for preventing of abuses therein , be it enacted by the kings most excellent majesty , by and with the consent of the lords and commons in parliament assembled , and by the authority of the same , that no person or persons whatsoever , from and after the five and twentieth day of march one thousand six hundred sixty one , unless he or they be authorised and enabled in manner and form , as in this present act is prescribed and appointed , shall sell or utter by retail , that is by the pint , quart , pottle or gallon , or by any other greater or lesser retail measure , any kinde of wine or wines to be drunk or spent within his or their mansion-house or houses , or other place in his or their tenure or occupation , or without such mansion-house or houses , or such other place in his or their tenure or occupation , by any colour , craft , or mean whatsoever , upon pam to forfeit for every such offence the sum of five pounds ; the one moyety of every such penalty to be to our soveraign lord the king , the other moyety to him or them that will sue for the same , by action of debt , bill , plaint , or information in any of the kings courts of record , in which action or suit ▪ no ess●ign , wager of law or protection shall be allowed . and be it further enacted by the authority aforesaid , that it shall and may be lawful , to and for his majesty , his heirs and successors , from time to time , to issue out under his or their great seal of england , one or more commission or commissions directed to two or more persons , thereby authorizing them to licence , and give authority to such person and persons , as they shall think sit , to sell and utter by retail , all and every or any kinde of wine or wines whatsoever , to be drunk and spent as well within the house or houses , or other place , in the tenure or occupation of the party so licenced , as without , in any city , town , or other place within the kingdom of england , dominion of wales , and town and port of berwick upon twede ; and such persons as from time to time or at any time hereafter shall be by such commission or commissions as aforesaid in that behalf appointed , shall have power and authority , and hereby have power and authority to treat and contract for licence , authority and dispensations to be given and granted to any person or persons for the selling and uttering of wines by retail in any city , town or other place as aforesaid , according to the rules and directions of this present act , and the true intent and meaning thereof , and not otherwise , any law , statute , usage or custome to the contrary in any wise notwithstanding . and be it further enacted by the authority aforesaid , that such persons as shall be commissioned and appointed by his majesty , his heirs or successors as aforesaid shall be , and be called his majesties agents for granting licences for the selling and uttering of wine by retail ; and his majesties said agents are hereby authorized and enabled under their seal of office , the same to be appointed by his majesty , to grant licence for the selling and uttering of wines by retail to any person or persons , and for any time or terme not exceeding one and twenty years , if such person and persons shall so long live ; and for such yearly rent as they can or shall agree , and think fit , so as no fine be taken for the same ; but that the rent and summs of money agreed upon and reserved , be payed and answered half yearly by equal portions during the whole term. and be it further enacted by the authority aforesaid , that such licence shall not be given or granted , but to such who shall personally use the trade of selling or uttering of wines by retail , or to the landlord and owner of the house where the person useing such trade shall sell and utter wine by retail , nor shall the same be assignable nor in any wise beneficial or extensive to indempnifie any person against the penalties of this present act , except the first taker . and be it further enacted by the authority aforesaid , that it shall & may be lawful to and for his majesty , his heirs & successors , to constitute and appoint such and so many other officers and ministers , as a receiver , register , clerk , controller , messenger or the like , for the better carrying on of this service , as he and they shall think fit , so as the sallaries and wages of all such officers to be appointed , together with the sallary or wages of his majesties said . agents do not exceed six pence in the pound of the revenue that shall hence arise . and be it further enacted by the authority aforesaid , that the rents , revenues , and sums of money hence arising , except what shall be allowed for the wages and sallaries of such officers and ministers , which is not to exceed six pence out of every pound thereof , shall be duly and constantly paid and answered into his majesties receipt of exchequer , and shall not be particularly charged or chargeable , either before it be paid into the exchequer or after , with any gift or pension . and his majesties said ▪ agents are hereby enjoyned and required to return into the court of exchequer every michaelmas and easter terms , upon their oaths ( which oaths the barons of the exchequer , or any one of them , are hereby authorized to administer ) a book fairly written , containing a true & full account of what licences have been granted the preceding half year , and what rents and sums of money are thereupon reserved , and have been paid , or are in arrear , together with the securities of the persons so in arrear , to the end due and speedy process may be made out according to the course of the exchequer , for the recovery of the same . provided always , that this act , nor any thing therein contained , shall not in any wise be prejudicial to the priviledge of the two vniversities of the land , or either of them , nor to the chancellors or scholars of the same , or their successors ; but that they may use and enjoy such priviledges as heretofore they have lawfully used and enjoyed , any thing herein to the contrary notwithstanding . provided also ▪ that this act , or any thing therein contained shall not extend or be prejudicial to the master , wardens , freemen and commonalty of the mystery of v●●tners of the city of london , or to any other city or town-corporate but that they may use and enjoy such liberties and priviledges as heretofore they have lawfully used and enjoyed , any thing herein contained to the contrary notwithstanding . provided also , and be it enacted by the authority aforesaid , that this act , or any thing therein contained , shall not in any wise extend to debar or hinder the major and burgesses of the burrough of st. albans in the county of hertford , or their successors , from enjoying , using and exercising of all such liberties , powers and authorities to them heretofore granted by several letters patents under the great seal of england , by queen elizabeth and king james of famous memories , for the erecting , appointing , and licensing of three several wine-taverns within the burrough aforesaid , for and towards the maintenance of the free-school there ; but that the same liberties , powers and authorities shall be , and are hereby established and confirmed , and shall remain and continue in and to the said major and burgesses and their successors , to and for the charitable use aforesaid , and according to the tenor of the letters patents aforesaid , as though this act had never been made , any thing herein contained to the contrary in any wise notwithstanding . provided also , that it shall not , nor may be lawful to or for any officer or officers to be appointed by his majesty for the carrying on of this service , to take , demand , or recei●e any fees , rewards , or summs of money whatsoever , for or in respect of this service , other then five shillings for a licence , four pence for an acquittance , and six pence for a bond , under the ●enalty of ten pounds , one moiety thereof to the kings majesty , the other moiety to the person or persons who shall sue for the same , by action of debt , bill , plaint , or information , wherein no wager of law , essoign or protection shall be allowed , any thing herein , or any other matter or thing to the contrary notwithstanding . and it is hereby further enacted by the authority aforesaid , that no merchant , vintuer , wine-cooper or other person , selling or retailing any wine , shall mingle or utter any spanish wine , mingled with any french wine , or rh●●ish wine , sider , perry , hony , sugar , syrops of sugar , molasses , or any other syrops whatsoever , nor put in any isinglass ; brimstone , lime , raisins , iuice of raisins , water , nor any other liquor nor ingredients , nor any clary , or other herb , nor any sort of flesh whatsoever ; and that no merchant , vintner , wine-cooper , or other person selling or retailing any wine , shall mingle or utter any french wines mingled with any rhinish wines or spanish wines , sider , perry , stummed wine , vitriol , hony , sugar , syrop of sugar , molasses , or any syrops whatsoever , nor put in any isinglass , brimstone , lime , raisins , iuice of raisins , water , nor any other liquor or ingredients , nor any clary or other herb , nor any sort of flesh whatsoever ; and that no merchant , vintner , wine-cooper or other person selling or retailing any wine , shall mingle or utter any r●inish wine mingled with any french wines , or spanish wines , sider , perry , stummed wine , vitriol , hony , sugar , syrops of sugar , molasses , or any other syrops whatsoever , nor put in any isinglass , brimstone , lime , raisins , iuice of raisins , water , nor any other liquor or ingredients , nor any clary or other herb , nor any sort of flesh whatsoever : and that all and every person and persons committing any of the offences aforesaid , shall incur the pains and penalties herein after mentioned : that is to say , every merchant , wine-cooper , or other person selling any sort of wines in gross , mingled or abused as aforesaid , shall forfeit and lose for every such offence , one hundred pounds ; and that every vintner or other person selling any sorts of wine by retail , mingled or abused as aforesaid , shall forfeit and lose for every such offence , the sum of forty pounds ; of which forfeitures , one moyety shall go unto the kings majesty , his heirs and successors , the other moyety to the informer , to be recovered in any court of record by action of debt , bill , plaint or information , wherein no essoigne , protection , or wager of law shall be allowed . provided always , and be it enacted , that from and after the first day of september , one thousand six hundred sixty and one , no canary wines , muskie or alegant , or other spanish or sweet wines , shall be sold or uttered by any person or persons within his majesties kingdom of england , dominion of wales , and town of berwick upon twede , by retail , for above eighteen pence the quart : and that no gascoigne or french wines whatsoever , shall be sold by retail , above eight pence the quart ; and that no rhinish wines whatsoever shall be sold by retail , above twelve pence the quart ; ( and according to these rates , for a greater and lesser quantity , all and every the said wines shall and may be sold ) upon pain and penalty that every such person and persons who shall utter or sell any of the said wines by retail , that is to say , by pint , quart , pottle , or gallon , or any other greater or lesser retail-measure ▪ at any rate exceeding the rates hereby limited , do and shall forfeit for every such pint , quart , pottle , gallon , or other greater or lesser quantity so sold by retail , the sum of five pounds ; the one moyety of which forfeiture shall be to our soveraign lord the king , his heirs and successors , and the other moyety to him or them that will sue for the same , to be recovered in manner and form as aforesaid . provided nevertheless , that it shall and may be lawful to and for the lord chancellor of england , lord treasurer , lord president of the kings council , lord privy seal , and the two chief iustices , or five , four , or three of them ; and they are hereby authorized yearly and every year between the twentieth day of november , and the last day of december , and no other times , to set the prises of all and every the said wines to be sold by retail as aforesaid , at higher or lower rates then are herein contained , so that they or any of them cause the prises by them set to be written , and open proclamation thereof to be made in the kings court of chancery yearly in the term time , or else in the city , burrough ▪ or towns corporate where any such wines shall be sold ; and that all and every the said wines shall and may be sold by retail at such prises as by them , or any five , four , or three of them shall be set as aforesaid , from time to time , for the space of one whole year , to commence from the first day of february next after the setting thereof , and no longer , and no greater prises under the pains and penalties aforesaid , to be recovered as aforesaid , and afterwards : and in default of such setting of prises by the said lord chancellor of england , lord treasurer , lord president of the kings council , lord privy seal , and the two chief iustices , or five , four , or three of them , as aforesaid , at the respective rates . and prises set by this act , and under the penalties as aforesaid , to be recovered as aforesaid . anno xii . caroli ii. regis . an act for the levying of the arrears of the twelve moneths assessment commencing the th . of june , and the six moneths assessment commencing the . of december . whereas there are severall great summs of money , yet uncollected and in arrear , and divers summs of money in the hands of the collectors and not payed in , due upon the twelve moneths assessment commencing the twenty fifth of december one thousand six hundred fifty nine , for payment of the arrears of his majesties army now disbanding , and to be disbanded , notwithstanding all former orders , and his majesties proclamation for the speedy levying and collecting thereof . be it therefore enacted by the kings most excellent majestie , and the lords and commons in this present parliament assembled , and by the authority of the same , that the commissioners nominated and appointed in the respective counties , cities and corporations of this kingdome , the dominion of wales , and the town of berwick , in an act made this present parliament for the speedy provision of money for disbanding and paying of the forces of this kingdome both by land and sea , do forthwith cause all the said ▪ arrears to be levied & collected by such wayes and means , as the same was formerly appointed to be levied and collected ; and likewise all such summs of money as remain in any collectors hands to be speedily payed in , to iames nelthorp and iohn lawson esquires late treasurers at war , for and towards the speedy disbanding and paying off the said forces . provided alwayes , that the summe of five hundred and twenty pounds and twelve shillings disbursed by robert quarum receiver generall of the county of cornwall , by the desire and direction of the commissioners of assessments , and other gentlemen of the said county , for the publique service of the kingdome . and also the summe of seventy pounds disbursed by the town of lyme regis in the county of dorset for the same service , shall be and are hereby discharged and allowed unto the said receiver and town of lyme regis , as if the same had been actually payed in to the treasurers appointed to receive the same , any thing in this act to the contrary thereof in any wise notwithstanding . anno xii . caroli ii. regis . an act for granting unto the kings majesty , four hundred and twenty thousand pounds , by an assessement of threescore and ten thousand pounds by the moneth , for six moneths , for disbanding the remainder of the army , and paying off the navy . whereas it was well hoped , that the moneys enacted to be raised by several acts of this parliament , that is to say , one act entituled , an act for the speedy provision of money , for disbanding and paying off the forces of this kingdom both by land and sea. and one other act entituled , an act for supplying and explaining certain defects in an act , entituled , an act for the speedy provision of money for the disbanding and paying off the forces of this kingdom both by land and sea. and one other act entituled , an act for raising sevenscore thousand pounds for the compleat disbanding of the whole army , and paying off some part of the navy , would have effectually sufficed to have compleatly disbanded the armies and paid off the navy ; but by the slow coming in of the same moneys , the growing charge being still kept on , the same cannot be effected without further supply ; and if no further supply should be made , the growing charge would become insupportable : the commons assembled in parliament , do therefore give and grant unto your most excellent majesty , for the uses herein after expressed , and no other , the sum of four hundred and twenty thousand pounds to be raised & levyed in manner following : and do humbly pray your most excellent majesty , that it may be enacted , and be it enacted by the kings most excellent majesty , by , and with the advice and consent of the lords and commons in this present parliament assembled , that the sum of threescore and ten thousand pounds by the moneth , for six moneths , beginning from the first day of january , one thousand six hundred and sixty , shall be assessed , taxed , collected , levyed and paid in the several counties , cities and burroughs , towns and places within england and wales , and the town of berwick upon tweed , according to such rates , rules , and proportions , and by the same commissioners , as in and by a certain act past this parliament , entituled an act for raising of sevenscore thousand pounds for the compleat disbanding of the whole army , and paying off some part of the navy , which said commissioners shall meet on , or before the twelfth day of ianuary , one thousand six hundred and sixty , and are hereby enabled to use and execute all and every the like rates ▪ rules , proportions , powers and authorities , as in and by the said act are mentioned and referred unto , or expressed , as fully and amply , as if the same had been particularly inserted in this present act. and be it further enacted , that the sum of two hundred and ten thousand pounds , being one moyety of the six months assessment , hereby imposed , shall be assessed , collected , levyed and paid in to the receiver or receivers general , who shall be appointed by the said commissioners , upon or before the first day of february , one thousand six hundred and sixty . and the other two hundred and ten thousand pounds residue thereof , upon or before the first day of april , one thousand six hundred sixty one . and be it further enacted , that all and every the sums to be collected and levied by vertue of this present act , shall be paid at the guild-hall of the city of london , unto sir george cartwright , sir richard brown lord mayor of the city of london , sir iames bunce , sir william wheeler , sir william vincent , thomas rich esq ; and the chamberlain of the city of london for the time being , who are hereby appointed treasurers for the receipt thereof , and the acquittances of them , or any threé of them , shall be a sufficient discharge for so much as shall be received by vertue of this act , to any person or persons who shal pay in the same . and whereas there is a present necessity of raising of eighty thousand pounds , be it enacted by the authority aforesaid , that if any person or persons of the city of london , or any other place , who hath or have advanced any monies upon the credit of an act of this parliament , entituled , an act for raising sevenscore thousand pounds , for the compleat disbanding of the whole army , and paying off some part of the navy , shall continue the loane of such monies upon the credit of this act , and declare the same under his or their hands , unto the treasurers by this act appointed , before the one and thirtieth day of december , one thousand six hundred and sixty ; and if any other person or persons shall advance one hundred pounds or upwards upon the credit of this act , and before the tenth day of ianuary , one thousand six hundred and sixty , pay the same unto the said treasurers , then every such person and persons so continuing or advancing as aforesaid , shall not only do a very acceptable service , but shall also receive from the said treasurers out of the last one hundred and ten thousand pounds , which shall be received upon the second payment appointed by this act , his and their principal money , with interest , at the rate of ten pounds per cent . per annum , from the time of such declaration and advancement respectively , any law , act or statute to the contrary notwithstanding . and the said treasurers are hereby required to make payment accordingly , and not to receive any more money to be advanced as aforesaid , then what with the money so to be continued will amount to eighty thousand pounds . and be it further enacted , that the treasurers by this act appointed , shall receive for them , and those to be employed under them in this service , one penny in the pound , in such manner as they ought to receive by the act last before mentioned . and be it further enacted , that all and every the sums of money which by vertue of this present act shall be paid to or received by the treasurers aforesaid , shall from time to time be issued out according to such warrants and directions onely , as they or any three of them shall receive from the commissioners named in one act of this present parliament , entituled , an act for the speedy disbanding of the army and garisons of this kingdom , or threé of them , who are hereby required and enjoyned at their perils , to take care and provide , that the moneys so as aforesaid to be issued out , be employed onely to the uses , intents and purposes hereafter following , and to no other use , intent , or purpose whatsoever , that is to say , principally and in the first place , for and towards the total disbanding of the present army and garrisons , until that work be fully perfected and compleated according to such rules and instructions , as touching the disbanding of the army in the said act last mentioned , are contained . and after the army shall be wholly disbanded , then the residue of the moneys to be raised by vertue of this present act , or due , or behinde on any former act , shall be employed for and towards the paying off of the fleét and navy , according to such rules . orders , and instructions , as touching the payment of the navy , are herein after-mentioned , and not otherwise . and be it further enacted , that an accompt of all the moneys by vertue of this act to be received , shall be given by the said treasurers to this or any other succeéding parliament , which shall require the same , or to such person or persons , as by this or any other succeéding parliament shall be thereunto appointed : provided always , and it is hereby declared , that nō mannors , lands , tenements , and hereditaments which were formerly assessed and taxed for and towards former assessments and land-taxes , and are now in the possession or holding of his majesty , or of the queéns highness , or of any ecclesiastical person or persons , or his , her , or their farmers and tenants , shall be exempted from the payment of the several sums of mony in this act comprized ; but that the said mannors , lands , tenements and hereditaments , shall be rated , assessed and taxed for and towards the said several sums of money in this act comprised , in such manner and form as they were of late rated , taxed , and assessed for and towards the said former land-rates , any law , statute or custom to the contrary thereof in any wise notwithstanding . provided also , that nothing herein contained shall be drawn into example to the prejudice of the ancient rights belonging to the peers of this realm . and be it declared and enacted by the authority aforesaid , that these persons hereafter named shall be added commissioners for their several counties , places and precincts respectively , and shall exercise the same powers as the other commissioners intended by this act are authorised and impowered to do , that is to say ; berks. for the county of berks , peregrine hobby , richard harrison esqs ; john fecciplace of fernehamesq ; samuel woodcox . borrough of new windsor . for the borrough of new windsor , andrew plumpton , richard fishburne , gent. bucks . for the county of bucks , william tirringham esq ; sir t●omas hampson baronet , sir philip palmer baronet , anthony ratcliff esq ; cambridge . for the county of cambridge , sir thomas dayrel , john bennet esq ; sir anthony cage , levinus bennet . isle of ely. for the isle of ely , roger jennings esq ; chester . for the county of chester , sir george warburton baronet , edward warren , jeffery shakerley , henry leigh , esqs ; city of chester . for the city and county of the city of chester , the major for the time being . cornwal . for the county of cornwal , robert roberts esq ; sir william tredinham , joseph tredinham , thomas penhallow , the knights and burgesses that serve for the said county , and iames eirsey gent. the major of lostwithel for the time being , iohn mollesworth esq william williams of trenythen . cumberland . for the county of cumberland , mr. anthony bouch , mr. richard uriell , mr. thomas croswhat , mr. robert webster . devon. for the county of devon , nicholas daviesdoctor of physick , william jennens gent. edmond tremayne , william putt , john kellond , william bogan , george howard , iohn kelly , iames rodd esquires , walter jago , francis drew , esq ; william walrond esq ; john blagdon gent. iohn hamm gent. henry newte . york . for the west-riding in the county of york , welbury norton , rob●rt wivell esquires , richard roundhil gent. william hamond , walte● hawksworth esquires , cuthbert wade , iohn preston gent. arthur ingram esq ; edward atkinson , william witham gent. samuel sunderlandesq ; thomas ward gent. sir william ingram knight , sir john goodrick baronet , sir tho. wentworth , sir edward rodes , knights , godfrey copley of sprotsbrough , john clayton , ioshua horton , thomas stringer esqs . the alderman of l●edes for the time being . york northriding . for the northriding in the county of york , sir william caley , arthur caley esq . william wivell esq . sir tho. gower baronet , thomas vvorsley , charles tankred esqs . sir william francklyn baronet , the bailiffs of scarboroughfor the time being , tristram fish , robert belt , esq . thoms robinson , thomas scudamore esq . york city . for the city and county of the city of york , all the aldermen of the city of york . kingston upon hull . for the town of hull , mr. george crowle . essex . for the county of essex , mr. edward glascock , mr. m●les hubbert , mr. iohn smart , capt. hunter , dean tindal esq . isaac wincall , thomas clopton , thomas peck , peter iohnson , thomas manby esq . gloucester . for the county of gloucester , thomas freame , tho. floyde , samuel sheppard , phillip sheppard , vvilliam morgan , richard daston , iohn tookeesq . robert lord tracy , thomas morgan esq . sir nicholas throckmorton knight , vvilliam bromage gent. vvilliam vvinter of dimmockgent . richard matchen gent. iohn wynnyattgent . thomas aylway gent. hereford . for the county of hereford , sir herbert parretknight , john barnaby of brookehampton esq . thomas baskervile of collington gent. john boothof hereford esq . city of hereford . for the city of hereford , thomas davies esq . major , james lawrence gent. tho. clerk gent. hertford . for the county of hertford , marmaduke rawden , iames willimott iunior gent. thomas arrasdr . of physick , richard coombes esq . sir robert ioslyn knight , thomas cappin , edward briscoe , iohn halsie esq . mr. fetherston of blackeswere , edward brograve , ralph gore , thomas brograve , edward cason , thomas bonest , henry becher , henry chancey , george bromley , alexander meade , iohn crouch , iames willimort iunior , george poyner gent. iohn iesson esq . st. albans . for the borrough of st. albans , william foxwistesq . recorder , mr. iohn new , mr. edward eames , mr. thomas cawley senior , mr. william marston , sir henry connyngsby , edmond smith , alban cox , richard combes esq . thom. marstongent . kent . for the county of kent , sir william mann , sir edward masters , thomas peake esq . sir tho. godfrey , the major of maydston for the time being , sir william meredeth baronet , sir thomas preise baronet , mr. richard manley , mr. thomas manley . sandwich . for the town of sandwich , iohn verrier , peter peke gent. lancaster . for the county of lancaster , henry banisteresq . ieoffry rushton gent. richard fleetwoodgent . iohn molineux esq . vvilliam fif●esq . sir george middleton knight and baronet , mathew richardson esq . robert heywood esq . roger stowton of the city of london , thomas butler , r●chard farrington , vvilliam vvall , william turner , henry brabin , vvilliam hodgkensongent . lincoln . for the county of lincoln , and city and county of the same , edward turney , william lister , esqs , sir robert dallison baronet , sir charles dallison knight , william draper , samuel p●octor , william thompson , humphrey walcot , thomas mills , maurice dalton , iohn watson , william willoughby , henry heron , marm●duke darrel , iohn ogle , anthony treadway , william skipwich , thomas browne of eastkirby ; iohn almore , mr. skinner of thornton colledge , tho. harrington , william whichcot , charles pelhamiunior , roger pelham , mr. iohn lockton , mr. iohn hobson iunior , mr. henry hall , mr. charles bawdes , mr. iohn colthurst , mr. william bishop , and mr. edward blaw , aldermen , mr. william perkins , mr. thomas mills , mr. peregrine buck , mr. william dowman , mr. thomas dickenson , mr. iohn thornton , and richard wetherel , aldermen . london . for the city of london , nicholas delves esq . benj●min albin , richard spencer . middlesex . for the county of middlesex , sir iohn robinsonbaronet , lieutenant of the tower , sir richard browne , thomas bride , thomas harrisonof south-mins , sir vvilliam bareman , lieut. col. powel , charles pitfeild esq . robert peyton , iohn iones , iohn limbrey , edward chard , richard shelton esq . vvilliam page esq . roger iennynsesq . sir heneage finch baronet his majesties sollicitor general , cheney of hackneyesq . lieut. col. powel , charles cheney of chelsey , christopher abdy esq . sir allen broadricke , iohn barton esq . westminster . for the city of vvestmiuster , and liberties thereof , gabriel beck esq . mr. graham , peter maplesden , george plunknett , thomas kirke , vvill. greene , george farewell , ralph darnall . monmouth . for the county of monmouth , vvilliam ionesof frowen esq . iames proger , charles proger . northampton . for the county of morthampton , edward onely iohn thorton , iohn vvilloughby esqs . norfolk . for the county of norfolk , george windham , robert doughty of hanworth , robert legar , esquires , henry scarborough gent. mr. john roops , mr. thomas talbot , mr. henry blackborne , gent. borough of lyn regis . for the borough of lyn regis , john bassetmajor , robert steward esq ; recorder , thomas greene , william wharton , henry bell , robert thorowgood , alderman holley . great yarmouth . for the town of great yarmouth , nicholas cutting , james simons bailiff there , sir john potts knight and baronet , sir william doyleyknight , sir thomas me●ow knight , thomas gooch , george england , john carter , nathaniel ashby , thomas lucas , iohn woodroff , iames iohnson esquires , george tilyard gent. thetford . for the whole borough and corporation of thetford , the major for the time being , john kendal gent. mr. bourage martin , maurice shelton , esquires , robert keddington gent. mr. nicholas rookwood , mr. robert wright of kilveston . newcastle upon tine . for the town and county of newcastle upon tine , sir nicholas cole knight and baronet , sir francis bows knight , sir francis anderson knight , sir iohn marley . nottingham . for the county of nottingham , francis sandi●esq ; thomas bristow , william newton , gentlemen . east-retford . for the borrough of east-retford , the bailiffs for the time being . oxon. for the county of oxon , william glyn , john west , esquires , iohn coker gent. iames herbertesq ; sir thomas tippin . university of oxford . mr. robert withers , mr. edward master , mr. david thomas , mr. gregory ballard , mr. timothy horton . the city of oxford . for the city of oxford , francis holloway , william cornish . salop. for the county of salop , charles baldwin , samuel baldwin , esquires , mr. moore of middleton , mr. bushop of the moore , benjamin buckley . stafford . for the county of stafford , thomas rudiardesq ; iohn colelough , timothy edge , gentlemen . somerset . for the county of somerset , william orangeesq ; vvilliam bacon senior , gent. iohn cridland gent. mawdley samborne , iohn carew , roger newborough , iames haise , esquires . for the city of bristol . for the city and county of the city of bristol , the major and sheriffs for the time being , iohn knight the elder , vvilliam coulston , iohn bradway , vvilliam coles . for the city of bathe . for the city of bathe , iohn vane , iohn masters , aldermen . southampton . for the county of southampton , with the town and county , mr. essex powlet , richard lucy , gabriel vvhistler , esq ; isle of wight . for the isle of vvight , thomas bowremanesq ; iohn oglander of newport gentleman . suffolk . for the county of suffolk , george vviniffe , william blumfield , esquires , mr. iohn brooke , mr. milton of ipswich , mr. edmond bedingfield , mr. francis langley , mr. thomas read , mr. rabbit of bramfield , isaac matham esquire , gardiner web gent. st. edmunds bury . for st. edmonds bury , francis smith , robert sharpe , samuel hustler . surrey . for the county of surrey , edward evelin , iohn yates , richard knipe , esquires , mr. iohn parker , sir purbeck temple , sir thomas bludworth , knights , thomas rogers , charles good-harman-atwood , esquires , iohn parker of rigate . rye in the county of sussex . for the town of rye , samuel bembrigg , iames vvelsh , thomas osmonton . worcester . for the town of worcester , sir iohn packingtonbaronet , sir rowland berkley knight , sir iohn winford knight , samuel sandys , henry townsend , iohn bearcroft , esquires , sir ralph clare , knight of the bath . worcester city . for the city and county of the city of worcester , edward soley alderman , samuel smith , thomas twitty , gentlemen , henry townsendesq ; sir william mooreton knight , humphrey tyrer , richard heming , stephen richardson , gentlemen , sir iohn packington , sir rowland berkley , sir ralph clare , sir iohn winford , samuel sandys esq ; warwick . for the county of vva●wick , listerof alveston esq . richard bishop of st●atford esq . coventry . for the city and county of the city of coventry , sir arthur caley knight , the maior of coventry for the time being , h●nry smith alman , sir richard hopkins knight , william iesson , thomas norton esqs . mr. thomas love , mathew smith , samuel snell , william ielliffe , robert beak , iames na●er aldermen . town of warwick . for the town of warwick , sir henry puckeringbaronet , sir clement throckmortonknight , 〈◊〉 rouse , nathaniel stoughton , iohn stanton esqs . lister of alveston esq . richard bishop of stra●ford . wilts . for the county of wiltes , waltes buckland , thomas mompesson , william caley esqs . mathew rayman gent. tho. hunt gent. robert chandler , robert nicholas of alcainings , william broomewichgent . samuell eyre gent. simon spatchurstesq . christopher gardiner gent. mr. francis par●y . sarum . for the city of new sarum , samuel eyre gent. symon spatchurst esq . christopher gardiner gent. anglesey . for the isle of anglesey , robert lord viscount bulkley . brecon . for the county of brecon , william iones , iohn gwyn , henry stedman , edward powell . cardigan . for the county of cardigan , iames phillips , morgan herbert , thomas ienkins , erasmus lloyde , thomas evans , henry vaughan , thomas price the elder , esquires ; thomas lloyde of yinshen , morris vaughan , iohn price , gent. thomas par●y , reighnold ienkins , iohn bowin , thomas lewis , ●●ector phillips , nic●olas lewis , vvilliam iones , abel g●●ffin , esqs ; vvactkin lloyde , iohn griffith of noyadd , gentlemen ; the major of cardig●mfor the time being , rees gwin , david morgan , aldermen . carmarthen . for the county of carmarthen , jonathan lloyde , walter lloyde , walter mansell . carnarvon . for the county of carnarvon , griffith bodurda , john lloyd●of naugwhnadale , robert wynn of conway , william vvynn of pengwoone , vvilliam thomas of carnarvon , ionathan lloyde , vvalter lloyde , vvalter mansell . denbigh . for the county of denbigh , francis manly esq ; flint . for the county of flint , ken●ick eaton , esq ; glamorgan . for the county of glamorgan , iohn price , of courtcarne , morgan morgan , esq ; mountgomery . for the county of mountgomery , vvilliam oakely , edmond vvareing of oldbury , david morrice , esqs ; iohn matthews , henry pu●sel , iohn kiffin , vvilliam price of lanligan , iohn lloyd of conway . haverford-west . for the town and county of haverford-west , sir herbert perrot , knight , vvilliam browne , alderman . rules , orders , and instructions for the discharging and paying off the navy , and other debts relating thereunto . i. the commissioners hereby appointed for disbanding of the army , and discharging the navy , shall proceed therein in manner following , viz. first they are to disband the remaining part of the army according to the former rules in that behalf made ; which done , they are then first to discharge and pay off those sixty five ships which are now out of imployment , and of them in the first place , those whose commanders , officers and seamen , have the least pay due to them ; and after them they are to pay off the men aboard those thirty six ships now in his majesties service , who entred on his pay the twenty fourth of june last . ii. that all the commanders , officers and mariners who served in person , and were in service upon any of the sixty five of his majesties ships , on the twenty fifth of april , one thousand six hundred and sixty , and have taken the oaths of allegiance and supremacy , or shall take the same , when they shall be thereunto required , and have not since deserted the service , nor been discharged for misdemeanor , shall with all convenient speed have their accompts stated ( by the auditors hereafter appointed ) and thereupon receive all their arreats of their pay from the fourteenth of march one thousand six hundred fifty eight , to the day of their discharge ; and the commanders officers , and mariners of the aforesaid thirty six ships which were in service on the twenty fifth of april , one thousand six hundred and sixty , and have taken the oaths of allegiance and supremacy , or shall take the same as aforesaid , and have not deserted the service , shall have their accompts stated as before , and receive their pay from the said fourteenth of march , one thousand six hundred fifty eight , until the twenty fourth of iune , one thousand six hundred and sixty next following . and the commissi●ners appointed by this act , shall upon sight of the accompts so stated as before , cause the send captains , officers and mariners wages , successively to be payed by the treasurers appointed by this act , out of the money which shall come in of the six months assessment , or any other money , heretofore appointed for the paying or disbanding the army , and discharging the navy . and if any further arrears shall be claimed and appear to be due to any such commanders , officers or mariners in service as aforesaid for service at sea , from or after the fourteenth of march , one thousand six hundred fifty seven , and to , or before the fourteenth of march , one thousand six hundred fifty and eight , that in such case the auditors hereby appointed , shall examine all such arrears , and draw up a state thereof to be presented to the next parliament in order to their satisfaction . iii. that no money be paid or allowed to any person before-mentioned for any short allowance of victuals , made or pretended to be made them , either at sea , or in harbor : and if it shall appear , that any money , clothes , goods , wares , or merchandices , have beén paid or sold by any publick minister , officer , or other person , to any commander , officer , or seaman of the aforesaid ships , upon accompt of their pay , since the fourteenth of march , one thousand six hundred fifty eight ; in such case , all the said moneys so paid , and the value of the clothes , goods , wares , and merchandices so sold and delivered within the time of their said service , shall be defaulked out of their pay aforesaid : and the sums so defaulked shall be paid by warrants of the commissioners , charged on the treasurers , unto such person and persons to whom the same of right belongeth , out of the money that shall come in of the six moneths assessment , or any other moneys heretofore appointed for paying or disbanding of the army and navy , in course next after the commanders , officers , and seamen are paid . iv. that after the accompts of the commanders , officers , and seamen are stated , then the auditors shall state the accompts of the ship-keépers : and of all officers on shore in the yards , and store-houses , at deptford , woolwich , chatham , portsmouth , harwich , and other places , to be stated from the fourteenth of march one thousand six hundred fifty eight , to the twenty fourth of june last past ; after the rates accustomed to be paid by his majesty , and according to their several capacities , at which time the said commissioners are to give them warrants , charged upon the treasurers , to pay them their several sums out of the money that shall come into their hands of the six moneths assessment , or any other money heretofore appointed , for paying or disbanding of the army and navy in course next after the common marriners , seamen , commanders , officers , and their servants , are discharged and paid , and the money from them defaulked as before , fully satisfied . v. that the said auditors shall state the accompts of the victuallers from the said fourteénth day of march , one thousand six hundred fifty eight , to the day of the several ships discharge , for as many as are out of employment as before ; and to the twenty fourth day of june , for the remaining part of the navy now in his majesties service in the winter guard , and assign them payment in course on the treasurers before-mentioned , to be paid out of the money remaining in their hands , out of the six moneths assessment , or any other money heretofore appointed for the paying or disbanding of the army and navy , next after the sums formerly ordered are paid . vi. that the auditors shall from the said fourteenth of march , one thousand six hundred fifty eight , state the accompts of all men that shall or may justly claim any money for quarters , and cures of the sick , and wounded seamen ser a shore out of his majesties ships in any town or corporation in this kingdom ; and for the quarters and cures of the sick and wounded soldiers sent over from flanders ; which being so stated , the said commissioners shall assign them their money by warrant on the treasurers , to be paid in course next after the commanders , officers , and marriners aforesaid , and the officers and ship-keépers aforesaid , are paid and satisfied . vii . that if in case any commanders , officers , or marriners , shall have died or beén discharged by ticket out of any the said ships , and their arrears of pay not satisfied : in such case the auditors shall state the accompts of the persons so dead or discharged from the said fourteénth day of march , one thousand six hundred fifty eight , to the day of their death or discharge , according to their several capacities ; and the commissioners shall thereupon give warrants upon the treasurers , by this act appointed for the payment of the sums to them , or their assigns in course , when the commanders and officers of the several ships , to which they did belong at the time of their death or discharge , and the debts for curing the sick and wounded , are satisfied . viii . that the said auditors shall also state the several accompts of all other persons , which can or may justly claim any debt to be due unto him or them , for any provision , maintenance of prisoners , goods , wares , merchandises , stores , ammunition , and other necessaries sold and delivered to any publick minister , to and for the use of the navy aforesaid , from the fourtéenth of march one thousand six hundred fifty eight , to the twenty fourth of iune one thousand six hundred and sixty , and order them payment in course , after the before mentioned sums are paid by assignation on the treasurers to be paid out of the money remaining in their hands , out of the six moneths assessment , or any other mo●eys heretofore appointed for paying or disbanding of the army and navy . ix . that for the better stating the accompts of the commanders , officers , and mariners of the said navy , and the several other accompts before recited , and hereafter mentioned , arthur sprey , william iessop , ralph darnal , samuel atkins , richard kingdon , and bartholomew fillingham esquires , and iohn walker gentleman , shall be and are hereby appointed , constituted , and authorized to audite , and cast up the accompts of the aforesaid commanders , officers , mariners , and all other mens accompts relating to the debt of the said navy as before , and shall respectively before they enter thereon , take an oath in these words following . i do swear , that to the best of my skill and judgment , i shall examine , and truly state all such accompts as shall be committed to my care and trust by the commissioners , for disbanding the army , and discharging the navy , or any three , or more of them ; and shall and will to the best of my knowledge , make true certificates of all such accompts to the said commissioners , or any three of them . so help me god. which said oath , the said commissioners , or any three of them as aforesaid , are hereby authorized to administer accordingly . which accompts so certified by the said auditors , or any two of them , then the said commissioners , or any three of them , shall have power and authority , and are nee●by authorized and impowered to issue out warrants from time to time , to the respective treasurers aforesaid , for the payment of the several sums so audited , and due as aforesaid : which warrants , together with the acquittance of the persons to whom the same is payable thereupon , shall be to the said treasurers respectively a sufficient warrant and discharge . x. that the chief officers of his majesties navy do with all convenient speed deliver unto the commissioners appointed by this act , a perfect list of the names of all the aforesaid ships that are to be discharged , and the places in which they lie ; and the names and sirnames of the commanders , officers , marriners , and common seamen to each ship belonging ; and a particular accompt of the time that every person hath served , and what money or goods every or any one of them hath received . xi . that the pursers and checks of the several ships of the navy , do from time to time when they shall be required thereunto , attend the auditors aforesaid , and deliver unto them a true and perfect accompt of all the commanders , officers , marriners , and seamen belonging to the said ships , and shall produce the original muster-book and pay-books , wherein the names of the said commanders , officers , and sea-men were entered , and give an exact accompt of what arrears is due unto them , and how and in what manner the same becomes due ; the which books and accompts , shall by the said pursers and checks be delivered upon oath , which said oath the commissioners aforesaid , or any thrée of them , are hereby ordered to administer accordingly . xii . that in case any purser shall be found to make any false muster , or shall muster any captain , officer , or mariner by a false name , or make any false ticket , such purser shall forfeit his or their respective wages , and be imprisoned the space of six moneths , and in such case the commissioners appointed by this act , or any two of them , are hereby impowred to commit them to prison accordingly . xiii . that upon discharge of any of the commanders , officers , and mariners of the navy aforesaid ; all the said commanders , officers , and mariners , shall deliver up all their respective ships , guns , masts , sayles , yards , anchors , cables , tackle , apparrel , provisions , ammunition and stores , which are in their possessions , for his majesties use , unto such person or persons , as his majesty , or the lord high admiral of england , shall appoint to receive the same ; and if any commanders , officers , or sea-men , shall refuse to be discharged , or to deliver up the stores aforesaid , or shall be found , upon due proof , to have embezled any part thereof , or do disswade others from being discharged , he or they so offending , shall forfeit all his and their arrears , and be further proceeded against , according to their demerit . xiiii . that the said commissioners , or any thrée of them as aforesaid , shall have power to nominate , appoint , and imploy such clerks , agents , messengers and servants , as shall be necessary for the said work , and to make and give to them such reasonable sallaryes , allowances and satisfactions as they shall think fit ; and also to provide all other necessaries , and to defray all other charges relating to the fame . xv. that the commissioners formerly nominated by the house of commons , and by this act continued and appointed for this service , shall have and receive for their charge and pains in and about this service , one penny in the pound , and no more , out of all such monies as shall be issued by vertue of this act ; and each of the auditors aforesaid shall receive for his pains and charges , in and about this service , the sum of twenty shillings per diem , during the continuance of this service , which the treasurers of the aforesaid monies , are hereby enabled and required to issue and pay accordingly . xvi . that the commissioners shall direct the said treasurers from time to time to grant assignations ( who are hereby required to observe the same ) for such and so many sums of money on the respective receivers or treasurers for raising money by the act aforesaid in the several counties , cities , or places , where they understand any of the said money lies , as the commissioners for disbanding the army and navy , or any threé or more of them as aforesaid , shall direct and appoint to such persons , and in such manner as the said commissioners , or any threé or more of them as aforesaid , shall direct and appoint . xvii . that the commissioners herein named , or any thrée of them , shall and are hereby authorized to call to accompt the present treasurers in this act named : and iames nelthorpe , and iohn lawson esquires , late treasurers at wars , or any other former treasurers , or commissioners of the army , or navy ; for all such sums of money , as they or any of them stand accomptable for , and to certifie the same accompts into his majesties exchequer . anno regni caroli ij. regis angliae , scotiae , franciae , & hiberniae , duo decimo . at the parliament begun at westminster the five and twentieth day of april , an. dom. . in the twelfth year of the reign of our most gracious soveraign lord charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. london , printed by iohn bill , printer to the kings most excellent majesty , . cum privilegio . anno xii . caroli . ii. regis . an act for further supplying and explaining certain defects in an act , intituled , an act for the speedy provision of money for disbanding and paying off the forces of this kingdom , both by land and sea. whereas through some doubts arising upon or by negligence in the execution of one act of this present parliament , intituled , an act for the speedy provision of money for the disbanding and paying off the forces of this kingdom both by land and sea : and also of one other act , intituled , an act for supplying and explaining certain defects in the aforesaid act : the same acts do not answer the ends aforesaid , in such measure as was expected , without some further explanation of the sence thereof , and a review of the several assessments made thereby , so that some persons may not escape without payment at all , or go away at very small proportions , whilst others pay their just and full due . it is therefore enacted and declared by the kings most excellent majesty , by , and with the consent and advice of the lords and commons in parliament assembled , and by the authority of the ●ame , that all and every person and persons of the several ranks , degrées , and qualifications in the said act or acts mentioned , shall contribute and pay the several and respective sums of money therein appointed to be paid ( any pretence of e●emption , being the kings majesties servants , to the contrary notwithstanding : ) and also that every person and persons , ecclesiastical and temporal , bodies politick and corporate , shall pay for their estates , both real and personal , the sum of forty shillings for one hundred pounds per annum , and so proportionably for a greater or lesser estate , and for every hundred pounds personal estate , after the rate of five pounds per annum ; provided it extend not to estates under five pounds per annum . and to the intent the same may be equally and indifferently assessed and taxed , be it further enacted and declared by the authority aforesaid , that the several commissioners in the said act named , or any three of them , within their several and respective counties , limits and precincts , shall have power to nominate and appoint two or more of the most able and discréet persons in every parish , villa● or hamlet , to review the several rates 〈◊〉 ass●ssments that have been made in their several and respective parishes , villages and hamlets . and where they shall finde that by the negligence , or default of any former assessors , any persons or estates have béen under rated , or omitted to be rated , that then they shall rate and assess all such persons and estates , so under-rated or omitted , to the full value they are to be rated and assessed at , either for their degrées , persons , or estates , by this or the former acts to that purpose made in this present parliament , or shall by the appointment at the discretion of the said commissioners make new assessments or rates , and shall return the same or their said additional rates at such places and times as the said commissioners ; or any thrée of them shall appoint . and it is further enacted and declared by the authority aforesaid , that every sworn attorney , or clerk in the office of the clerk of the pipe in the exchequer ; and euery attorney belonging to the office of the lord treas●rers remembrancer , shall pay twenty nobles apéece . and be it further enacted and declared , that every barrester at law , and every other person or persons that hath or have subscribed to any deed or writing wherein he or they have béen written or entituled esquire , or that hath or have acted by vertue of any commission or pretended commission , act , or pretended acts of parliament , wherein they have before the sitting of this parliament , béen written or entituled esquire , shall pay as reputed esquires within the said acts. and to the intent that none that have or shall pay his or their due proportions . that he or they ought to pay in respect of his or their quality or degrée , may be doubly charged , every person that hath or shall pay his full proportion for his or her degrée , and quality , the same excéeding the proportion of his or her estate , real and personal , shall by certificate under the hands and seals of 〈◊〉 or more of the commissioners within the same county or precinets where such sum hath o● shall be paid , be discharged from further payment for his or her estate , so that it be particularly expressed in every such certificates where such estate lieth , and the several and respective values thereof ; so that it may appear , that his or her proportion for his or her degrée or quality doth exceed that of his or her estate ; and also where any person or persons , bodies politick or corporate , have paid , or shall pay for his , her , or their estate , in one or more counties , he or they shall by like certificate or certificates be discharged in other places for so much and such values specially mentioned to be paid in the said certificates , and no more . and be it enacted and declared by the authority aforesaid , that the said commissioners or any threé or more of them within their several precincts , shall and may have power to inquire of , hear and determine all abuses , neglects , and misdoings of all and every the assessors and collectors to be imployed by vertue of this or the said precedent acts ; and shall have power to impose any fine or fines upon them or any of them , whom they shall be well informed ( by the oath of two or more credible witnesses , which oath they or any two of them are hereby impowred to administer ) to offend from and after the twentieth day of december , one thousand six hundred and sixty , in not performing their duties in their respective employments . provided , that no such fine shall excéed the sum of five pounds for one offence ; and that such commissioners who shall set or impose such ●ine or ●ines , shall have full power by warrant under their hands and seals , to command the several constables or tythingmen , which in the several and respective places where such person or persons have their habitation or above , upon whom such fine or fines is or are imposed , to levy the same by distress upon the goods of such person or persons refusing to pay the same , and to return the overplus thereof ( if any be ) deducting also reasonable charges for taking such distress , to the owner or owners of such goods ; and every such fine shall be imployed to the same purposes as the moneys raised by the said former acts are appointed : and also in case no distress can be found or had for satisfying such fine , and in case no distress can be taken by the collectors or other officers appointed to distrain , for the taxes or assessments by vertue of the said former act or acts , that in every such default , upon complaint to the said commissioners , or any threé of them , within their several and respective limits , the said commissioners , or any thrée of them , shall have full power and authority to cause every such person from whom no distress can be had , to be committed to the next common gaol , there to remain until he hath fully satisfied and paid such sum or sums of money , which ought to be charged upon him , by vertue of this and the said former acts , without bail or main-prize . and be it further enacted and declared , that the commissioners of every county and place respectively shall make up a true accompt of the sums onely of every hundred , lath , wapentake or ward , rated and assessed by the said former acts , together with the additional sums that shall be rated by vertue of this present act severally within their several counties , limits , and precincts , without naming the particular persons or estates , and shall shew what hath been paid thereof , and to what person and persons and what hath been discharged by such certificates as are appointed by this act , and what is in arrear and upaid , and shall return the same unto his majesties court of exchequer , before the second day of march next ; and in so doing they shall not be compelled to make or return any other accompt , duplicate , or certificate . and it is further enacted and declared . that the true and full yearly value of all lands , tenements , rents , tithes , and other hereditaments , shall be rated and assessed in manner aforesaid , in the several parishes , villages , or hamlets , where the same are scituate , lying , or arising . and be it further declared , that every sum charged upon , and paid by any person , by vertue of the said former acts or either of them , by reason of estate , degrée , or quality , shall be allowed and deducted out of such further charge , as shall be imposed upon him or her , by vertue of this present act. lastly , it is enacted and declared , that whosoever is sued at law for any act done , or to be done in the due execution of this or either of the said former acts , he may plead the general issue , and give the special matter in evidence : and if the plaintiff be nonsuit , or a verdict pass against any such plaintiff or plaintiffs in any such action , the defendant shall and may recover his double costs . provided always , and be it enacted , that this act or any thing therein contained , shall not extend to any peer of this realm , in point of assessment imprisonment , distress , or otherwise , provision being made in the said first recited act , for the assessing of the said péers , by certain péers , who are therein named and appointed in that behalf . and be it further enacted , that the lord chancellor , the lord treasurer , the lord steward of his majesties houshold , lord chamberlain of his majesties houshold , the earl of northampton , lord howard of charleton , the lord roberts , the lord grey of wark , the lord craven , the lord mohun , and the lord hatton , be added to the péers named in the said first recited act for the assessing of the péers , according to the said recited act : which said lords commissioners , or any five of them , in this and the former act named , shall have power to assess , levy , and collect ; and shall assess , levy , and collect , all such sums of money as shall be assessed according to the tenor of this and the former act , upon such péers who have not paid proportionably to their estates . and be it declared and enacted by the authority aforesaid , that these persons hereafter named , shall be added commissioners for their several counties , places , and precincts respectively , and shall exercise the same power as if they had béen named in the said former acts , or either of them . berks. for the county of berks , perigrine hobby , richard harrison esqs . iohn fettiplace , of fernhamesq . burrough of new windsor . andrew plumton gent. richard fishborne gent. bucks . for the county of bucks , sir thomas hampson baronet , sir phillip palmer baronet , anthony ra●cliffe esq . cambridge . for the county of cambridge , sir thomas dayrell , iohn bennet esq . sir anthony cage , levinus bennett . for the isle of ely. for the isle of ely , roger jennings , esq . chester . for the county of chester , sir george warberton baronet , edward warren esq . jeffery shakerly esq . henry lee esq ; city of chester . for the city and county of the city of chester , the major for the time being . cornwall . for the county of cornwall , robert roberts , esq . sir william thredinham , jo●eph tredinham , thomas penhallow , the knights and burgesses that serve for the said county , and iames eirsey gent. cumberland . for the county of cumberland , anthony bouch , richard ●urial , thomas croswhat , robert vvebster . devon. for the county of devon , nicholas daviesdoctor of physick , vvilliam jennins gent. edmond tremaine , vvilliam putt , iohn kellond , vvilliam bogan , george howard , iohn kelley , vvilliam kelley , iames rodd esqs . york . for the west riding in the county of york , vvestbury norcon esq . robert vvivell esq . richard roundhill gent. vvilliam hamond esq . vvalter hawkesworth , esq . cutbert vvade . iohn ●reston gent. arthur ingram esq , edward atkin●● , vvilliam vvitham gent. samuel sonder●●nd , esq . thomas vvard gent. sir william ●●gram knight . york northriding . for the northriding in the county of york , sir william caley , arthur caley esq . william wivell esq . sir tho. gower baronet , thomas vvorsley esq . charles tankred , sir william francklyn baronet , the bailiffs of scarborough for the time being , tristram fish , robert belt , esquires , thomas robinson , thomas scudamore esquires . york . for the city and county of the city of york , all the aldermen of the city of york . for the town of kingston upon hull , george crowle . essex . for the county of essex , mr. edward glascock , mr. miles hubbert , mr. iohn smart , capt. hunter , dean tindal esq . isaac wincoll , thomas clapton , thomas peek , peter iohnson , thomas manby esqs . gloucester . for the county of gloucester , thomas freame , tho. floyde , samuel shepard , phillip shepard , vvilliam morgan , richard daston , iohn took●esqs . robert lord tracy . hereford . for the county of hereford , sir herbert parretknight , john barnaby of brookehampton esq . thomas baskervile of collington gent. john boothof hereford esq . city of hereford . for the city of hereford , thomas davies esq . major , james lawrence gent. tho. clerk gent. hertford . for the county of hertford , marmaduke rawden , iames willimott iunior gent. arras dr. of physick , richard combes esq . st. albans . for the borrough of st. albans , william foxwistesq . recorder , mr. iohn new , mr. edward eames , mr. thomas cowley senior , mr. william marston , henry conningsby , edmond smith , alban cox , richard combes esq . kent . for the county of kent , sir william mann , sir edward masters , thomas peake esq . sir tho. godfrey , the major of maydston for the time being , sir william merideth baronet , sir thomas peirce baronet , mr. richard manley , mr. thomas manley . sandwich . for sandwich , iohn verrier , peter peake gent. lancaster . for the county of lancaster , henry banister esq . ieoffry rushton gent. richard fleetwood gent. iohn molineux esq . vvilliam fife esq . sir george middleton knight and baronet , mathew richardson esq . robert heywood esq . roger stoughton of the city of london , alderman . lincoln . for the parts of linsey in the county of lincolne , edward turney , william lister , esqs , sir robert dallison baronet , sir charles dallison knight . great grimsby . for great grim●by , william draper , samuel proctor . for the parts of kestivan , william thompson , humphrey walcot . london . for the city of london , nicholas delves esq . middlesex . for the county of middlesex , sir iohn robinsonbaronet , lieutenant of the tower , sir richard browne , thomas bide , thomas harrisonof south-mims , sir vvilliam bateman , lieut. col. powel , charles pitfield esq . robert peyton , iohn iones , iohn limbrey , edward chard , richard shelton esqs . vvilliam page esq . roger genningsesq . richard meney . westminster . for the city of vvestminster , and liberties thereof , gabriel beck esq . mr. graham , peter maplesden , george plunknet , thomas ki●ke , william greene , george farewell , ralph darnell . northampton . for the county of northampton edward onely , iohn thornton , iohn vvilloughby esqs . norfolk . for the county of norfolk , george windham , robert doughty of hanworth , robert legar , esquires , henry scarborough gent. mr. john ripps , mr. thomas talbot , mr. henry black-borne , gent. borough of lyn regis . for the borough of lyn regis , john bassetmajor , robert steward esq ; recorder , thomas greene , william wharton , henry bell. great yarmouth . for the town of great yarmouth , nicholas cutting , james simonds bailiff there , sir john potts knight and baronet , sir william doyleyknight , sir thomas medow knight , thomas gooch , george england , john carter , nathaniel ashby , thomas lucas , iohn woodroff , iames iohnson esquires , george tilyard gent. thetford . for the whole borough and corporation of thetford , the major for the time being , john kendal gent. mr. bourage martin , maurice shelton , esquires , mr. robert keddington gent. mr. nicholas rookwood , mr. robert wright of kilveston . newcastle upon tine . for the town and county of newcastle upon tine , sir iohn marley . nottingham . for the town of nottingham , francis sandisesq ; thomas bristow , william newton , gentlemen . east-retford . for the borrough of east-retford , the bailiffs for the time being . oxon. for the county of oxon , william glyn , john west , esquires , iohn coker gent. iames herbertesq ; sir thomas tippin . university of oxford . mr. robert withers , mr. edward master , mr. david thomas , mr. gregory ballard , mr. timothy horton . the city of oxford . for the city of oxford , francis holloway , william cornish . salop. for the county of salop , charles baldwin , samuel baldwin , esquires , mr. moore of middleton , mr. bishop of the moore , benjamin buckley . stafford . for the county of stafford , thomas rudiardesq ; iohn colclough , timothy edge , gentlemen . somerset . for the county of somerset , william orangeesq ; vvilliam bacon senior , gent. iohn cridlandgent . mawdley samborne , iohn carew , roger newborough , iames haise , esquires . the city of bristol . for the city and county of the city of bristol , the major and sheriffs for the time being , iohn knight the elder , vvilliam coulston , iohn bradway , vvilliam cole . for the city of bathe , iohn vane , iohn masters , aldermen . southampton . for the county of southampton , with the town and county , mr. essex powlet , richard lucy , gabriel vvhistler , esqs ; isle of wight . for the isle of vvight , thomas bowreman esq ; iohn oglander of newport gentleman . suffolk . for the county of suffolk , george vviniffe , william blumfield , esquires . surrey . for the county of surrey , edward evelin , iohn yates , richard knipe , esquires , mr. iohn parker , sir purbeck temple knight , earle of ancram , henry capel . dalinahey esq . iohn farewell , doctor windebanck . for the town of rye . samuel bembrigg , iames vvelsh , thomas osmonton . coventry . for the city and county of the city of coventry , sir arthur caley knight , the major of coventry for the time being , henry smith alderman . town of warwick . for the town of warwick , sir henry puckeringbaronet , sir clement throckmortonknight , iohn rouse , nathaniel stoughton , iohn stanton esquires . wilts . for the county of wilts , waltor buckland , thomas mompesson , william caley esqs . m●tthew rayman gent. tho. hunt gent. robert challoner , robert nicholas of alcainings , william broomwichgent . samuel eyre gent. simon spatchhurstesq . christopher gardiner gent. sarum . for the city of new sarum , samuel eyre gent. simon spatchhurst esq . christopher gardiner esq . anglesey . for the isle of anglesey , robert , lord viscount bulkley . cardigan . for the county of cardigan , iames phillips , morgan herbert , thomas ienkins , erasmus lloyde , thomas evans , henry vaughan , thomas price the elder , esquires ; thomas lloyde of ymshen , maurice vaughan , iohn price gentmen . carnarvan . for the county of carnarvan , griffith bodurda , john lloyde of na●gwnnadale , robert wynn of conway , william vvynn of pengwoone , vvilliam thomas of carnarvan , ionathan lloyde , vvalter lloyde , vvalter mansell . denbigh . for the county of denbigh , francis weanly esq ; flint . for the county of flint , kenrick eaton , esq ; mountgomery . for the county of mountgomery , haverford-west . for the town and county of haverford-west , sir herbert perrot , knight , vvilliam browne , alderman . anno xii . caroli ii. regis . an act for the raising of seventy thousand pounds for the further supply of his majesty . the commons assembled in parliament do give and grant unto your most excellent majesty , the sum of seventy thousand pounds to be raised and levyed in manner following , and do pray your majesty , that it may be enacted , & be it enacted by your most excellent majesty , by & with the advice & consent of the lords and commons in parliament assembled , that the sum of threescore and ten thousand pounds , for one month only , beginning from the first day of iuly , one thousand six hundred sixty and one , shall be assessed , taxed , collected , levied and paid in the several counties , cities , burroughs , towns , and places within england and wales , and the town of berwick upon tweede , according to the several rates , rules , and proportions , and in such manner and form , and by the same commissioners , as in and by a certain other act , passed this parliament , for raising the like sum of seventy thonsand pounds for one month only , beginning from the twenty ninth of september , one thousand six hundred and sixty , entituled an act for the speedy raising of seventy thousand pounds for the present supply of his majesty , are mentioned or referred unto and intended , which commissioners shall meet-upon or before the fifth day of iuly , one thousand six hundred sixty and one , and are hereby enabled and required to use and execute all and every the like powers and authorities , as in and by the said act are mentioned , or referred to , and intended as fully and amply , as if the same rates , rules , proportions , powers and authorities had been particularly inserted in this present act. and be it further enacted , by the authority aforesaid , that all and every the sums of money charged by this act , upon the several counties , cities , towns , burroughs and places aforesaid , shall be raised , levied , and paid into his majesties receipt of the exchequer , upon or before the first day of august , one thousand six hundred sixty one , by the several receive general , who shall be appointed by the said commissioners ; provided always , and it is hereby declared , that no mannors , lands , tenements and hereditaments , which were formerly assessed and taxed for and towards former assessments , and land-taxes , and are now in the possession or holding of his majesty , or of the queens highness , or of any ecclesiastical person or persons , or his , or their farmers and tenants , shall be exempted from the payment of the several sums of money in this act comprized , but that the said mannors , lands , tenements and hereditaments , shall be rated , assessed , and taxed for and towards the said several sums of money in this act comprized , in such manner and form as they were of late rated , taxed , and assessed for and toward the said former land-rates , any law , statute or custome to the contrary thereof , in any wise notwithstanding . provided always , that neither this act , nor any thing therein-contained , shall be drawn into example to the prejudice of the antient rights belonging to the peers of this realm . and be it declared and enacted by the authority aforesaid , that these persons hereafter named , shall be added commissioners for their several counties , places and precincts respectvely , and shall exercise the same powers as the other commissioners intended by this act , are authorized and impowred to do ; that is to say , berks. for the county of berks , peregrine hobby , richard harrison , esqs ; john fettiplace of ferne●amesq ; and samuel woodcox . borrough of new windsor . for the borrough of new windsor , andrew plumpton , richard firshburne , gent. bucks . for the county of bucks , william tirringham esq ; sir thomas hampson baronet , sir philip palmer baronet , thomas ratcliff esq ; cambridge . for the county of cambridge , sir thomas dayrell , john bennet esq ; sir anthony cage , levinus benner . isle of ely. for the isle of ely , roger jennings esq ; chester . for the county of chester , sir george warburton baronet , edward warren , jeffery shakerley , henry leigh , esqs ; city of chester . for the city and county of the city of chester , the major for the time being . cornwal . for the county of cornwal , robert roberts esq ; sir william tredinham , joseph tredinham , thomas penhallow , the knights and burgesses that serve for the said county , and iames eirsey gent. the major of lostwithel for the time being , iohn mollesworth esq william williams of trenythen . cumberland . for the county of cumberland , mr. anthony bouch , mr. richard uriell , mr. thomas croswhat , mr. robert webster . devon. for the county of devon , nicholas daviesdoctor of physick , william jennens gent. edmond tremayne , william putt , john kellond , william bogan , george howard , iohn kelly , iames rodd esquires , walter jago , francis drew , esq ; william walrond esq ; john blagdon gent. iohn hamm gent. henry newte . york . for the west-riding in the county of york , welbury norton , robert wivell esquires , richard roundhil gent. william hamond , walter hawksworth esquires , cuthbert wade , iohn preston gent. arthur ingram esq ; edward atkinson , william witham gent. samuel sunderlandesq ; thomas ward gent. sir william ingram knight , sir john goodrick baronet , sir tho. wentworth , sir edward rodes , knights , godfrey copley of ●p●otsbrough , john clayton , ioshua horton , thomas stringer esqs . the alderman of leedes for the time being . york northriding . for the northriding in the county of york , sir william caley , arthur caley esq . william wivell esq . sir tho. gower baronet , thomas vvorsley , charles tankred csqs . sir william francklyn baronet , the bailiffs of scarboroughfor the time being , tristram fish , robert belt , esqs . tho. robinson , thomas scudamore esqs . york city . for the city and county of the city of york , all the aldermen of the city of york . kingston upon hull . for the town of kingston upon hull , mr. george crowle . essex . for the county of essex , mr. edward glascock , mr. miles hubbert , mr. iohn smart , capt. hunter , dean tindal esq . isaac wincall , thomas clopton , thomas peek , peter iohnson , thomas manby esqs . glocester . for the county of glocester , thomas freame , tho. floyde , samuel sheppard , phillip sheppard , vvilliam morgan , richard daston , iohn tookeesqs . robert lord tracy , thomas morgan esq . sir nicholas throckmorton knight , vvilliam bromage gent. vvilliam vvinter of dimmockgent . richard matchen gent. iohn winnyatgent . thomas aylway gent. hereford . for the county of hereford , sir herbert parretknight , john barnaby of brookehampton esq . thomas baskervile of collington gent. john boothof hereford esq . city of hereford . for the city of hereford , thomas davies esq . major , james lawrence gent. tho. clerk gent. hertford . for the county of hertford , marmaduke rawden , iames willimott iunior gent. thomas a●asdr . of physick , richard combes esq . sir robert io●lyn knight , thomas coppin , edward briscoe , iohn halsie esqs . mr. fetherston of blackeswere , edward brograve , ralph gore , thomas brograve , edward cason , thomas bonest , henry becher , henry chancey , george bromley , alexander meade , iohn crouch , iames willimott iunior , george poyner gent. iohn iesson esq . sir edward alston knight . st. albans . for the borrough of st. albans , william foxwistesq . recorder , mr. iohn new , mr. edward eames , mr. thomas cowley senior , mr. william marston , sir henry conningsby , edmond smith , alban cox , richard combes esq . thom. marsto●gent . kent . for the county of kent , sir willi●m mann , sir edward masters , thomas peake esq . sir tho. god●rey , the major of maydston for the time being , sir william merideth baronet , sir thomas peirse baronet , mr. richard manley , mr. thomas manley . sandwich . for the town of sandwich , iohn verrier , peter peke gent. lancaster . for the county of lancaster , henry banisteresq . ieoffry rushton gent. richard fleetwoodgent . iohn molineux esq . vvilliam fife esq . sir george middleton knight and baronet , mathew richardson esq . robert heywood esq . roger stowton of the city of london , thomas butler , richard farrington , vvilliam vvall , william turner , henry brabin , vvilliam hodgkensongent . lincoln . for the county of lincoln , and city and county of the same , edward turney , william lister , esqs , sir robert dallison baronet , sir charles dallison knight , william draper , samuel proctor , william thompson , humphrey walcot , thomas mills , michael dalton , iohn watson , william willoughby , henry heron , marmaduke darrel , iohn ogle , anthony treadway , william skipwith , thomas browne of eastkirby , iohn almore , mr. skinner of thornton colledge , tho. harrington , william whichcot , charles pelhamiunior , roger pelham , mr. iohn lockton , mr. iohn hobson iunior , mr. henry hall. mr. charles pawdes , mr. iohn colthurst , mr. william bishop , and mr. edward blaw , aldermen , mr. william perkins , mr. thomas mills , mr. peregrine buck , mr. william dowman , mr. thomas dickenson , mr. iohn thornton , and richard wetherel , aldermen . london . for the city of london , nicholas delves esq . benjamin albin , richard spencer . middlesex . for the county of middlesex , sir iohn robinsonbaronet , lieutenant of the tower , sir richard browne , thomas bide , thomas harrisonof south-mins , sir vvilliam bateman , lieut. col. powel , charles pitfield esq . robert peyton , iohn iones , iohn limbrey , edward chard , richard shelton esqs . vvilliam page esq . roger iennynsesq . sir heneage finch baronet , his majesties sollicitor general , cheney of hackneyesq . lieut. col. powel , charles cheney of chelsey , christopher abdy esq . sir allen broadricke , iohn barton esq . westminster . for the city of vvestminster , and liberties thereof , gabriel beck esq . mr. glaham , peter maplesden , george plunknet , thomas kirke , vvill. greene , george farewell , ralph darnell . monmouth . for the county of monmouth , vvilliam ionesof frowen esq . iames proger , charles proger . northampton . for the county of northampton , edward onely , iohn thorton , iohn vvilloughby esqs . norfolk . for the county of norfolk , george windham , robert doug●ty of hanworth , robert legat , esquires , henry scarborough gent. mr. john kepps , mr. thomas talbot , mr. henry blackborne , gent. borough of lyn regis . for the borough of lyn regis , john bassetmajor , robert steward esq ; recorder , thomas greene , william wharton , henry bell , robert thorowgood , alderman holley . great yarmouth . for the town of great yarmouth , nicholas cutting , james simonds bailiff there , sir john potts knight and baronet , sir william doyley knight , sir thomas me●ow knight , thomas gooch , george england , john carter , nathaniel ashby , thomas lucas , iohn woodroff , iames iohnson esquires , george tilyard gent. theftford . for the whole borough and corporation of theftford , the major for the time being , john kendal gent. mr. bourage m●rtin , maurice helton , esquires , robert keddington gent. mr. nicholas rookwood , mr. robert wright of kilveston . newcastle upon tine . for the town and county of newcastle upon tine , sir iohn marley , sir nicholas cole knight , and baronet , sir francis bows knight , sir francis anderson knight . nottingham . for the county of nottingham , francis sandisesq ; thomas bristow , william newton , gentlemen . east-retford . for the borrough of east-retford , the bailiffs for the time being . oxon. for the county of oxon , william glyn , john west , esquires , iohn coker gent. iames herbert esq ; sir thomas tippin . university of oxford . mr. robert withers , mr. edward master , mr. david thomas , mr. gregory ballard , mr. timothy horton . the city of oxford . for the city of oxford , francis holloway , william cornish . salop. for the county of salop , charles baldwin , samuel baldwin , esquires , mr. moore of middleton , mr. bishop of the moore , benjamin buckley . stafford . for the county of stafford , thomas rudiardesq ; iohn colclough , timothy edge , gentlemen . somerset . for the county of somerset , william orangeesq ; vvilliam bacon senior , gent. iohn oridland gent. mawdley samborne , iohn c●rew , roger newborough , iames haise , esquires . for the city of bristol . for the city and county of the city of bristol , the major and sheriffs for the time being , iohn knight the elder , vvilliam coulston , iohn bradway , vvilliam coles . for the city of bathe . for the city of bathe , iohn peirce , iohn masters , aldermen . southampton . for the county of southampton , with the town and county , mr. essex powlet , richard lucy , gabriel vvhistler , ess isle of wight . for the isle of vvight , thomas bowremanesq ; iohn oglander of newport gentleman . suffolk . for the county of suffolk , george vviniffe , william blumfield , esquires , mr. iohn brooke , mr. milton of ipswich , mr. edmond bedingfield , mr. francis langley , mr. thomas read , mr. rabbit of bramfield , isaac motham esquire , gardiner web gent. st. edmonds bury . for st. edmonds bury , francis smith , robert sharpe , samuel hustler . surrey . for the county of surrey , edward evelin , iohn yates , richard knipe , esquires , mr. iohn parker , sir purbeck temple , sir thomas bludworth , knights , thomas rogers , charles good-harman-atwood , esquires , iohn parker of rigate . rye in the county of sussex . for the town of rye , samuel bembrigg , iames vvelsh , thomas osmonton . worcester . for the county of worcester , sir iohn packingtonbaronet , sir rowland berkley knight , sir iohn winford knight , samuel sandys , henry townsend , iohn bearcroft , esquires , sir ralph clare , knight of the bath . worcester city . for the city and county of the city of worcestor , edward soley alderman , samuel smith , thomas twitty , gentlemen , henry townsendesq ; sir william mooreton knight , humphrey tyrer , richard heming , stephen richardson , gentlemen , sir iohn packington , sir rowland berkley , sir ralph clare , sir iohn winford , samuel sandys esq ; warwick . for the county of vvarwick , listerof alveston esq . richard bishop of stratford esq . coventry . for the city and county of the city of coventry , sir arthur caley knight , the major of coventry for the tune being , henry smith alderman , sir richard hopkins knight , william iesson , thomas norton esqs . mr. thomas love , mathew smith , samuel snell , william ielliffe , robert beak , iames nailer aldermen . town of warwick . for the town of warwick , sir henry puckeringbaronet , sir clement throckmortonknight , iohn rouse , nathaniel stoughton , iohn stanton esqs . lister of alveston esq . richard bishop of stratford . wilts . for the county of wilts , walter buckland , thomas mompesson , william caley esqs . mathew rayman gent. tho. hunt gent. robert chandler , robert nicholas of alcainings , william broomewichgent . samuel eyre gent. simon spatchhurstesq . christopher gardiner gent. mr. francis parry . sarum . for the city of new sarum , samuel eyre gent. simon spatchhurst esq . christopher gardiner gent. anglesey . for the isle of anglesey , robert lord viscount bulkley . cardigan . for the county of cardigan , iames phillips , morgan herbert , thomas ienkins , erasmus lloyde , thomas evans , henry vaughan , thomas price the elder , esquires ; thomas lloyde of yinshen , morris vaughan , iohn price gentmen , tho parry , reighnold ienkins , iohn bowin , thomas lewis , hector phillips , nicholas lewis , vvilliam iones , abel griffin , esqs , vvactkin lloyde , iohn 〈◊〉 of noyadd , gentlemen ; the major of cardiganfor the time being , rees gwin , david morgan , aldermen . carmarthen . for the county of carmarthen , jonathan lloyde , walter lloyde , walter mansell . carnarvon . for the county of carnarvon , griffith bodurda , john lloyde of nangwimadale , robert wynn of conway , william vvynn of pengwoone , vvilliam thomas of carnarvon , ionathan lloyde , vvalter lloyde , vvalter mansell . denbigh . for the county of denbigh , francis manlyesq ; flint . for the county of flint , kenrick eaton , esq ; glamorgan . for the county of glamorgan , iohn price , of courtcarne , morgan morgan , esq ; mountgomery . for the county of mountgomery , vvilliam oakely , edmond vvareing , david morrice , esqs ; iohn matthews , henry pursel , iohn kiffin , vvilliam price of lanligan , iohn lloyd of conway . haverford-west . for the town and county of haverford-west , sir herbert perrot , knight , vvilliam browne , alderman . anno xii . caroli ii. regis . an act for the attainder of several persons guilty of the horrid murther of his late sacred majestie king charles the first . in all humble manner shew unto your most excellent majestie , your majesties most dutifull and loyall subjects the lords and commons in parliament assembled , that the horrid and execrable murther of your majesties royal father , our late most gracious soveraign charles the first , of ever blessed and glorious memory , hath been committed by a party of wretched men , desperately wicked , and hardened in their impiety , who having first plotted and contrived the ruine and destruction of this excellent monarchy , and with it of the true , reformed protestant religion which had been so long protected by it and flourished under it , found it necessary in order to the carrying on of their pernicious and traiterous designs , to throw down all the bullwarks and fences of law , and to subvert the very being and constitution of parliament , that so they might at last make their way open for any further attempts upon the sacred person of his majesty himself ; and that for the more easie effecting thereof , they did first seduce some part of the then army into a compliance , and then kept the rest in subjection to them , partly for hopes of preferment , and chiefly for fear of losing their imployments and arrears ; until by these , and other more odious arts and devices , they had fully strengthened themselves , both in power and faction ; which being done , they did declare against all manner of treaties with the person of the king , even then while a treaty by advice of both houses of parliament was in being , remonstrate against the houses of parliament for such proceedings , seize upon his royal person while the commissioners were returned to the house of parliament with his answer , and when his concessions had been voted a ground for ●eace , seize upon the house of commons , seclude and imprison some members , force out others , and there being left but a small remnant of their own creatures ( not a tenth part of the whole ) did seek to shelter themselves by this weak pretence , under the name and authority of a parliament , and in that name labo●red to prosecute what was yet behinde and unfinished of their long intended treason and con●piracy ; 〈…〉 p●●pose they prepared an ordinance for erecting la w●d●gious and unheard of tribunal , which they called an high court of justices , for t●yal of his majesty ; and having easi● procur●● it to pass in their house of commons , as it then stood moulded , ventured to send it up from thence to the peers then sitting , who totally rejected it ; whereupon their rage and fury increasing , they presume to pass it alone as an act of the commons , and in the name of the commons of england ; and having gained the pretence of law , made by a power of their own making , pursue it with all possible force and cruelty , until at last , upon the thirtieth day of january , one thousand six hundred forty and eight , his sacred majesty was brought unto a scaffold , and there publickly murthered before the gates of his own royal palace ; and because by this horrid action the protestant religion hath received the greatest wound and reproach , and the people of england the most insupportable shame and infamy that it was possible for the enemies of god and the king to bring upon uswhilst the fanatick rage of a few miscreants ( who were as far from being true protestants , as they were from being true subjects ) stands imputed by our adversaries to the whole nation : we therefore your majesties said dutiful and loyal subjects , the lords and commons in parliament assembled , do hereby renounce , abominate , and protest against that impious fact , the execrable murther , and most unparallel● treason committed against the sacred person and life of our said late soveraign , your majesties most royal father , and all proceedings tending thereunto : and do beseech your most excellent majesty that it may be declared , and be it hereby declared , that by the undoubted and fundamental laws of this kingdom , neither the peers of this realm , nor the commons , nor both together in parliament , or out of parliament , nor the people collectively or presentatively , nor any other persons whatsoever ever had , have , hath , or ought to have any coercive power over the persons of the kings of this realm ; and for the better vindication of our selves to posterity , and as a lasting monument of our otherwise inexpressible detestation and abhorrency of this vilanous and abominable fact , we do further beseech your most excellent majesty , that it may be enacted , and be it hereby enacted by the kings most excellent majesty , by and with the advice and consent of the lords and commons in this present parliament assembled , that every thirtieth day of january , unless it falls out to be upon the lords day , and then the day next following , shall be for ever hereafter set apart to be kept and observed in all the churches and chappels of these your majesties kingdoms of england and ireland , dominion of wales , and town of berwick upon twede , and the iues of jersey and guernsey , and all other your majesties dominions , as an anniversary day of fasting and humiliation , to implore the mercy of god , that neither the guilt of that sacred and innocent ●●oud , one those other sins by which god was provoked to deliver up both us and our king into the hands of cruel and unreasonable men , may at any time hereafter be visited upon us or our posterity . and whereas oliver cromwel deceased , henry ireton deceased , john bradshaw deceased , and thomas pride deceased , john l●sle , william say , sir hardress waller , valentine wauton , thomas harrison , edward whally , william heveningham , isaac pennington , henry martin , john barkstead , gilbert millington , edmond ludlow , sir michael livesey , robert tichborne , owen rowe , robert lilborne , adrian scroop , john okey , john h●wson , william goffe , cornelius holland , thomas challoner , john carew , carew , john jones , miles corbet , henry smith , gregory clement , thomas wogan , edmond harvy , thomas scot , william cawley , john downes , nicholas love , vincent potter , augustine garland , john dixwell , george fleetwood , simon meyne , james temple , peter temple , daniel blagrave , thomas waite , john cooke , andrew broughton , edward dendy , william hewlet , hugh peters , francis hacker , daniel axtel , are notoriously known to have been wicked and active instruments in the prosecution and compassing that trayterous murther of his late majesty , for which the said sir hardress waller , thomas harrison , william heveningham , isaac pennington , henry martin , gilbert millington , robert tichborne , owen rowe , robert lilborne , adrian scroop , john carew , john jones , henry smith , gregory clement , edmond harvy , thomas scot , john downes , vincent potter , augustine garland , george fleetwood , simon meyne , james temple , peter temple , thomas waite , john cook , william hewlet , hugh peters , francis hacker , and daniel axtell , have already received their tryal at law , and by verdict , or their own confession , have been convicted , and by iudgement of law thereupon had , do now stand duely and legally attainted ; of whom , ten persons , that is to say , thomas harrison , adrian scroop , john carew , john jones , thomas scot , gregory clement , john cook , hugh peters , francis hacker , and daniel axtell , have most deservedly suffered the pains of death , and been executed according to law ; and the said john lisle , william say , valenti●e wauton , edward whally , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , miles corbet , william cawley , nicholas love , john dixwell , daniel blagrave , andrew broughton , and edward dendy , are fled from iustice ; not daring to abide a legal tryal : may it therefore please your maiesty that it may be enacted , and be it enacted by authority of this present parliament , that the said oliver cromwell deceased , henry ireton deceased , john bradshaw deceased , and thomas pride deceased , shall by vertue of this act , be adjudged to be convicted and attainted of high treason , to all intents and purposes , as if they , and every of them respectively had been attainted in their lives : and also that john lisle , william say , valentine wauton , edward whally , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , william cawley , miles corbet , nicholas love , john dixwell , daniel blagrave , andrew broughton , edward dendy , and every of them , stand and be adjudged , and by authority of this present act convicted and attainted of high treason ; and that all and every the mannors , messnages , lands , tenements , rents , reversions , remainders , possessions , rights , conditions , interests , offices , fees , annuities , and all other the hereditaments , leases for years , chattels real , and other things of that nature , whatsoever they be , of them the said oliver cromwell , henry ireton , john bradshaw , thomas pride , john lisle , william say , valentine w●uton , edward whally , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , william cawly , miles corbet , nicholas love , john dixwell , daniel blagrave , andrew broughton , edward dendy , thomas harrison , adrian scroop , john carew , john jones , thomas scot , gregory clement , hugh peters , francis hacker , iohn cook , daniel axtell , sir hardress waller , william heveningham , isaac pennington , henry martin , gilbert millington , robert tichborne , owen rowe , robert lilborne , henry smith , edmond harvy , iohn downs ▪ vincent potter , augustine garland , george fleetwood , simon meyne , iames temple , peter temple , thomas wayte , which they , or any of them , or any other person or persons , to their or any of their uses , or in trust for them , or any of them , had the five and twentieth day of march , in the year of our lord , one thousand six hundred forty and six , or at any time since , shall stand and be forfeited unto your majesty , your heirs and successors , and shall be deemed , vested , and adjudged to be in the actual and real possession of your majesty , without any office or inquisition thereof hereafter to be taken or found : and also , that all and every the goods , debts , and other the chattels personal whatsoever , of them the said oliver cromwell , henry ireton , iohn bradshaw , thomas pride , whereof at the time of their respective deaths , they , or any of them , or any other in trust for them or any of them , stood possessed in law or equity , and all the goods , debts , and other the chattels personal whatsoever of them the said iohn lisle , william say , valentine wauton , edward whalley , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , william cawly , miles corbet , nicholas love , john dixwell , andrew broughton , edward dendy , thomas harrison , adrian scroope , john carew , john jones , thomas scot , gregory clement , hugh peters , francis hacker , iohn cook , daniel axtell , sir hardress waller , william heveningham , isaac pennington , henry martin , gilbert millington , robert tichborne , owen rowe , robert lilborne , henry smith , edmond harvy , iohn downs , vincent potter , augustine garland , george fleetwood , simon meyne , iames temple , peter temple , thomas wayte , whereof upon the eleventh day of february , one thousand six hundred fifty nine , they or any of them , or any other in trust for them or any of them , stood possessed either in law or equity , shall be deemed and adjudged to be forfeited unto , and are hereby vested , and put into the actual and real possession of your majesty , without any further office or inquisition thereof hereafter to be taken or found . provided always , and be it enacted by the authority aforesaid , that no conveyance , assurance , grant , bargain , sale , charge , lease , assignment of lease , grants and surrenders by copy of court-roll , estate , interest , trust , or limitation of any vse or vses of or out of any manors , lands , tenements , or hereditaments , not being the lands nor hereditaments of the late king , queen or prince , or of any archbishops , bishops , deans , deans and chapters , nor being lands or hereditaments sold or given for the delinquency , or pretended delinquency of any person or persons whatsoever , by vertue or pretext of any act , order , ordinance , or reputed act , order or ordinance since the first day of ianuary , one thousand six hundred forty and one , nor any statute , iudgement or recognizance , had , made , acknowledged or suffered to any person or persons , bodies politick or corporate , before the twenty ninth day of september , one thousand six hundred fifty nine , by any of the offenders before in this act ▪ mentioned , or their heirs , or by any other person or persons claiming by , from , or under them or any of them , other then the wife or wives , childe or children , heir or heirs of such person or persons , or any of them , for money bona fide , to them or any of them paid or lent , nor any conveyance , assurance , grant or estate made before the twenty fifth of april one thousand six hundred and sixty , by any person or persons to any of the offenders aforesaid in trust ; and for the benefit of any other person or persons not being any of the offenders aforesaid , or in trust for any bodies politick or corporate , shall be impeached , defeated , made void or frustrated hereby , or by any of the convictions and attainders aforesaid ; but that the same shall be held and enjoyed by the purchasers , grantees , lessees , assigns , cestuy que usu , cestuy que trust , and every of them , their heirs , executors , administrators and assigns respectively , as if this act had not been made , and as if the said offenders had not been by this act , or by any other course or proceedings of law convicted or attainted ; so as the said conveyances , and all and every the grants and assurances which by vertue of this act , are , and ought to be held and enjoyed as aforesaid , shall before the first of ianuary , which shall be in the year of our lord , one thousand six hundred sixty and two , be entred and enrolled of record in his majesties court of exchequer , and not otherwise ; any thing in this act herein before contained to the contrary in any wise notwithstanding . provided always , and be it enacted by the authority aforesaid , that all and singular the mannors , lands , tenements and hereditaments , which at any time heretofore were the lands and possessions of henry late marquess of worcester , and edward now marquess of worcester , and henry lord herbert , son and heir apparent of the said edward marquess of worcester , or any of them ; whereof or wherein the said oliver cromwell , or any other person or persons in trust for him , or to his use , or any other the persons attainted by this act , or otherwise , or any person or persons in trust for them or any of them , had or claimed , or pretended to have any estate , right , title , possession or interest , at any time before or since the decease of the said oliver cromwell , shall be , and hereby are vested and setled in , and shall be held and enjoyed by the said marquess of vvorcester , and the said henry lord herbert , in such manner and form , and for such estate and estates , with such powers and priviledges as they formerly had in the same respectively ; any thing in this present act contained , or any act , conveyance or assurance heretofore made or acknowledged by the said edward marquess of vvorcester , and henry lord herbert or either of them , unto the said oliver cromwell , or any other person or persons in trust for , or to the use of the said oliver cromwell , or any act or conveyance made or done by the said oliver cromwell , or by any in trust for him , to any person whatsoever , to the contrary notwithstanding . saving always to all and every person and persons , bodies politick and others , their respective heirs , successors , executors and administrators , all such right , title and interest in law and equity , which they or any of them have or ought to have , of , into , or out of any the premisses , not being in trust for any the said offenders , nor derived by , from or under the said offenders , since the twenty fifth day of march , which was in the year of our lord , one thousand six hundred forty six ; and that they the said person and persons , bodies politick , and other their respective heirs , successors , executors and administrators , and every of them , in all and every such case where his and their entry was lawful , upon such offender or offenders , or the heirs or assigns of such offender or offenders , in or upon the said twenty fifth day of march , one thousand six hundred forty and six , or at any time since , may without petition , monstrans de droyt , onster le maine , or other suit to his majesty , enter on the premisses in his majesties possession , or in the possession of his successors and patentees , their heirs or assigns , in such manner to all intents , as he or they might have done on the possession of the said offenders , their heirs or assigns , in or upon the said twenty fifth day of march , or at any time since ; any thing in this act to the contrary in any wise notwithstanding . provided also , that all and every person and persons which have received any of the rents or mean profits , of , in , or out of any the lands , tenements and hereditaments , chattels real , or possessions of any the offender or offenders in this act mentioned , before the eleventh day of february , one thousand six hundred fifty and nine , and have paid or accounted for the same before the said eleventh day of february , one thousand six hundred fifty and nine , unto the said offender or offenders , or their assigns , or to any claiming from or under them , shall be clearly and for ever acquitted and discharged of and from the same , against the kings majesty , his heirs and successors , any thing herein contained to the contrary notwithstanding . provided always , that it shall and may be lawful to and for richard ingoldsby to retain and keep , or otherwise to sell and dispose all and singular the goods and chattels formerly belonging to sir hardress waller , in the kingdom of ireland , until two thousand pounds , for which the said richard ingoldsby in the year one thousand six hundred fifty eight , stood joyntly bound with the said six hardress waller , unto iames brooks of the city of york , alderman , and was then counter-secured by a iudgement upon his lands , and since by a deed of bargain and sale of the said goods and chattels in ireland , be fully paid , together with the interest thereof ; he the said richard ingoldsby accounting for , and paying the full overplus thereof , if any shall be , unto our soveraign lord the king ; any thing herein before contained to the contrary notwithstanding . anno xii . caroli ii. regis . an act for confirmation of leases and grants from colledges and hospitals . whereas since the beginning of the late troubles , divers masters , provosts , presidents , wardens , governours , rectors , principals , and other heads , fellows , and scholars of colledges , halls , or houses of learning , in either of the vniversities of oxford and cambridge , and the dean , canons and prevends of the cathedral or collegiat church or colledge of christ-church in the vniversity of oxford , and provest , warden , or other head-officer , and fellows or scholars of the ●olledges of eaton and winchester , and masters and governors , brethren , brothers and sisters of divers hospitals have been amoved ejected or sequestred by the lords and commons assem●led in parliament , or by certain visitors by them appointed , or by some conventions sitting at westminster under the name or stile of a parliament , or by some authority or pretence of authority derived from them or the late pretended and usurped powers , stiled keepers of the liberty of e●gland by authority of parliament , or protectors of the common-wealth of england scotland , and ireland , and the dominion or dominions and territories thereunto belonging . and whereas also after these amotions , ejections or sequestrations , several other persons have been either by election of the said colledges , halls , houses of learning , church or hospitals , or by some of the powers or pretended powers above mentioned placed and substituted in these masterships , headships , fellowships deanary , canories , prebendaries , governorships and other places aforesaid , who have actually exercised the same places and been de facto masters , provosts presidents , wardens , governours , rectors , principals and other heads , fellows , scholars , brethren , brothers and sisters , dean canons or prebends of such respective colledges , halls houses of learning , hospitals , cathedrall church or places , and have made divers grants by copy of court-roll , and leases and licences to let or assign grants and presentations to , and elections of divers persons , re-entries for non-payment of rent or breach of conditions , whereupon divers questions may in time to come arise . for prevention whereof , it is enacted by the kings most excellent majesty , with the advice and assent of the lords and commons in parliament assembled , and by authority of the same , that all grants by copy of court-roll , and leases and licences of setting and assigning grants and presentations ; and all elections of heads , masters , fellows , scholars , students and officers of the said ●olledges , halls , church , & houses of learning and hospitals aforesaid , into dead or other places then or since vacant , receipts and acquittances of rents incurred , entries for forfeitures or conditions broken , had made or given since the five and twentieth day of march in the year of our lord one thousand six hundred forty two , and before the five and twentieth day of july in the year of our lord one thousand six hundred and sixty , by any such masters , provosts , presidents , wardens , governors , rectors , principalls and other heads de facto of the said colledges , halls and houses of learning , and fellows , and scholars de facto of the same respectively in either of the said vniversities , or dean and canons or prebends de facto of christ church aforesaid , or master , provost or warden and fellows de facto of the colledges of eaton or winchester , or by such master , warden or governors de facto , or master , warden or governors , brethren brothers or sisters de facto of any hospital , by whatsoever particular name or stile of foundation the said colledges , church , hospitals , masters , governors , fellows , deans and canons , or prebends are stiled , founded , known or incorporated , and all leases granted by the master , warden , brethren , brothers or sisters of any hospitals of the patronage of any bishop , dean , or dean and chapter , and all surrenders to them made to inable such leases , grants and presentations , shall stand and be of the same and no other force and effect , as if the said masters , provosts , presidents , wardens , governors , rectors , principals , heads , fellows , scholars , dean , canons , prebends , brethren , brothers or sisters had been such de jure , and duly and de jure intituled in and to the said colledges , halls , houses of learning , church , hospitals , offices or places respectively , and as if such leases granted by the master & brethren of any hospital of the patronage of any bishop , dean or chapter had been confirmed by the said bishop , dean or chapter ; and that notwithstanding such defect in the said lessors or grantors , & notwithstanding the restitution of any of the persons so ejected , the rents , covenants and conditions contained in such leases and grants shall go in succession , as if such lessors or grantors had been de jure masters , provosts , presidents , wardens , governors , reetors , principals , heads , fellows , scholars , dean , canons , prebends , brethren , brothers and sisters of such colledges , halls , houses of learning , church , hospitals and places respectively ; any former law , custome or statute to the contrary notwithstanding . provided alwayes and be it enacted , that nothing in this acc contained do or shall extend to the confirming or making good of any lease or leases of any parcel or parcels of lands , tenements , pastures , houses , orchards , gardens or barns , or any of the possessions of or belonging to the hospitall of saint john baptist and the evangelist in the town of northhampton , made between the first day of september in the year of our lord one thousand six hundred fifty & five , and the five and twentieth day of july in the year of our lord one thousand six hundred fifty and eight , by the pretended master george g●odman and his co-brethren of the aforesaid hospital , by colour of any pretended grant or patent whatsoever , or notwithstanding the seal of the said hospital or corporation was to them or any of them set or affixed . provided alwayes , that this act or any thing therein contained , shall not extend to make good in law or equity any lease or leases made by simon moore clerk , late master or pretended master of the hospitall of saint oswald in the county of worcester , of any the lands , tenements and hereditaments of or belonging to the said hospital , to richard moore son of the said simon moore , or to any of the children or grand children of the said simon moore , or to any other person or persons in trust or for the use or uses of the said simon moore , or his wife , children or grandchildren , or any or either of them . provided alwayes , that no person or persons shall be confirmed in any mastership , provostship , headship , fellowship , or chaplains place in any colledge or hall in either of the vniversities of oxford or cambridge , or in the colledges of eaton and winchester , that is not ordained minister by bishops or presbyters ( or being ordained , hath since renounced his ordination ) where by the local statutes of the said respective colledges or halls ordination is required . provided alwayes , and be it enacted , that this act shall not extend to confirm any lease or leases of the rectories and parsonages of randall and littlecoates in the county of lincolne , which have long since been in the tenure or occupation of john lord culpeper , as by several leases under the seal of the master and fellows of the colledge of the holy and undivided trinity within the town and vniversity of cambridge of king henry the eights foundation may appear , and are now leased over the head of the said john lord culpeper the antient tenant , to one john west , though according to usage he claimed to renew his lease three years before the expiration thereof at the usual fines or more . but that the said john lord culpeper , his executors or administrators , reimbursing the said new tenant or lessee so much money as hath been really paid to the said colledge for the fine for such lease , they shall be admitted to renew the said lease for the said fine . provided alwayes , that whereas doctor owen late reputed dean , and the chapter of the cathedral church of christ in oxon of the foundation of king henry the eight , by their indenture dated the seventh day of august , in the year of our lord one thousand six hundred fifty seven , did lease and demise unto john arthur clerk , thomas bromefield of london esquire , and laurence marsh of darking in the county of surry esquire , certain tyths and lands parcel of the mannor and parsonage of kirkham in the county of lancast●r , and by several other indentures did lease and demise unto several other persons many other parts and portions of the said parsonage of kirkham ( which had long been in the tenure or occupation of thomas clifton esquire and his ancestors , by severall successive leases under the abbot and covent of vale royal , and the colledge of christ church aforesaid respectively ) for severall terms of years yet unexpired : be it enacted and ordained , that thomas clifton now of litham in the county of lancaster esquire , his executors and administrators , ( paying the several and respective rents reserved unto the said colledge , and securing unto the said john arthur , thomas bromefield , and laurence marsh , or the survivors or survivor of them , or the executors or executor of the survivor of them , for the uses in the said lease expressed and not otherwise , out of the premisses , the yearly summ of four hundred pounds , to be paid half yearly by equall portions , for the terme of eleven years next ensuing , and reimbursing unto the said several other lessees respectively or their respective assigns so much money as was by them respectively and truly paid for their respective fines , ) shall have and enjoy the said several demised premisses for the residue of the said several termes of years yet to come , as if the said several leases made unto them the said john arthur , thomas bromfeild , and laurence marsh , and unto the said severall other persons as aforesaid , had been legally made unto the said thomas clifton by a lawfull deane and chapter , this act or any other thing to the contrary notwithstanding . provided alwayes , that this act or any thing therein contained , shall not extend to confirm the election of any head , fellow , scholar or chaplain of any colledge or hall in either of the vniversities , that upon any other ground besides the want of episcopal ordination , is or was not capable of being elected into such place or places by the statures of the said colledge or hall , into which he or they were chosen . provided also , that this act or any thing therein contained , shal not extend to prejudice the title of any person or persons , who by letters patents under the great seal since the first day of may , and before the twenty sixth of august one thousand six hundred and sixty , have obtained from his majesty any grant of any deanery , headship of any house , rectorshiy of any colledge , canons place , prebendary , fellowship or scholarship within either of the vniversities , or the colledges of eaton , westminster , or winchester ; but that all and every the said grants and letters patents shall be of such , and no other force and effect , as the same should have been if this act had not been made , any thing in this act contained to the contrary notwithstanding . provided also , that this act or any thing therein contained , shall not extend to confirm any lease or estate made by john tombes clerk , of any lands , tenements , or hereditaments , belonging to the hospital of saint katharines in ledbury in the county of hereford , to any of the children of him the said john tombs , or to any other person or persons in trust for him or them , or any of them . provided alwayes , and be it enacted by the authority aforesaid , that neither this act , nor any thing therein contained , shall in any wise extend to confirm , or make good , any lease or leases made by vvilliam lenthal , pretended warden of the house of converts , belonging to the master of the rolls , since the thirtieth day of january , one thousand six hundred forty and two , of any houses or tenements thereto belonging , to the prejudice of john lord culpeper , his successors , lessees , or assigns , the said lord culpeper paying or reimbursing unto the said lessee or lessees of such houses or tenements , such monies as they or any of them have paid , with interest for the same , he or they discounting for the mean profits thereof . provided alwayes , that neither this act , nor any thing therein contained , shall extend to confirm vvilliam hook in the mastership of the kings majesties hospital of the savoy , nor to confirm or make good any lease of any lands or tenements belonging to the said hospital , made between the thirtieth day of january , in the year of our lord one thousand six hundred forty eight , and the first day of june , one thousand six hundred and sixty ; the master of the said hospital for the time being , allowing and reimbursing to all such lessees all such summ or summs of money , as they or any of them paid to the then master of the said hospitall by way of fine , at the time of such lease making , and interest for the same , and the said lessees and every of them disc●unting for the mean profits of the same . provided alwayes , and be it enacted by the authority aforesaid , that this act , or any thing herein contained , shall not extend to confirm or make good any lease or grant made , or mentioned to be made to any person or persons by john owen late dean , and others , canons , or pretended dean and canons of the colledge of christ church in the vniversity of oxford , or by any of them , of any the rectories , tythes , or gleab lands of hampton , wickenford , badsey , aldington , uffenha● , south-littleton , north littleton , and middle littleton , in the county of worcester , heretofore the possessions of henry late marquess of worcester , and dame anne his wife , or either of them , and whereo the said henry was dispossest for his allegiance and loyalty to his late majesty of blessed memory ; but that the executor or administrator of the said henry , shall and may be admitted to renew the leases of the said tythes , for such terme or terms , as the said dean and chapter of christ church are by law enabled to grant the same , the said executors or administrators satisfying and reimbursing to such person or persons , all such summ or summs of money , as he or they have payd for the said lease or leases , by way of fine , with interest for the same , the said person or persons discounting to the said executors or administrators , for the mean profits received thereupon . provided also , that this act , or any thing therein contained , shall not extend to confirm or make good any lease , leases , or estate made by any pretended dean and chapter , master or head of any colledge or hall in either of the vniversities , or of any pretended master or governors of any hospital , which said lease , leases or estate had not been good or effectual in law , had they been made by a lawful dean & chapter , master , head or governor of any colledge , hall or hospital aforesaid ; this act , or any thing herein contained to the contrary notwithstanding . provided also that this act , or any thing therein contained , shall not extend to confirm or make good any leafe or leases of the rectory or parsonage of arrington in the county of cambridge , which hath long been in the tenure and occupation of thomas ●hicheley esq ; and his ancestors , by several successive leases from the master and fellows of trinity colledge in cambridge ; nor shall confirm or make good any lease or leases of the rectory or parsonage of soham in the said county of cambridge , which hath likewise been , and still is in the occupation and possession of the said thomas chicheley , by lease from the master and fellows of pembroke hall in cambridge , but that the said thomas chicheley ( paying and reimbursing the several and respective tenants or lessees , the several and respective sums of money by them severally and respectively paid to the said colledge and hall , for or in the name of any fine or fines , for the making or granting such new lease or leases , with interest , discounting such rents and profits as by them respectively have been taken or received out of the premisses ) shall be restored to his said ancient possessions . and the said colledge and hall respectively shall be enabled to lease the said several rectories and parsonages , with their respective appurtenances , unto the said thomas chicheley ; this act , or any thing herein contained to the contrary thereof in any wise notwithstanding . provided alwayes , that neither this act , nor any thing therein contained , shall extend to restore any person or persons to any headship , fellowship , or scholarship of any colledge or hall , or to any chaplains or 〈◊〉 place , in any colledge or hall , in 〈…〉 the vniversities , or to any lecture or readers place , that is or shall be before the first day of january , one thousand six hundred and sixty , eiected out of their respective headship , fellowship , scholarship , chaplain or clerks-place , or out of any lecture in the said vniversities , by his majesties commissioners under the great seal , for not having been legally and according to the severall statutes of the said respective severall places nominated , elected or admitted in or to the same ; any thing in this act contained to the contrary notwithstanding . anno xii . caroli ii. regis . an act for prohibiting the exportation of wooll , woolfels , fullers earth , or any kind of scouring earth . for the better preventing and avoiding of such losses and inconveniencies as have happened , and daily do and may happen to the kingdome of england , and dominion of wales , and to the kingdome of ireland by and through the secret and subtile exportation and transportation , and by and through the secret and subtle carrying and conveighing away of wooll , woolfells , mortlings , sherlings , yarn made of wooll , woolflocks , fullers earth , and fulling clay , out of and from the kingdome and dominion aforesaid , and for the better setting on work the poor people and inhabitants of the kingdomes and dominion aforesaid . and to the intent that the full and best use and benefit of the principal native commodities of the same kingdomes and dominion may come , redound , and be unto and amongst the subjects and inhabitants of the same , and not unto or amongst the subjects and inhabitants of the realm of scotland , or of any foreign realms or states , as the same now of late in some great measure hath done , and is further likely to do , if some severer punishment then heretofore be not speedily inflicted upon such offenders , as shall be actors or assistants in and to such exportation and transportation , and in and to such carrying and conveying away thereof as aforesaid ; be it enacted by the kings most excellent majesty , the lords and commons in this present parliament assembled , and by the authority of the same , that no person or persons whatsoever , from and after the fourteenth day of january one thousand six hundred and threescore , shall directly or indirectly , export , transport , carry or convey , or cause or procure to be exported , transported , carried or conveyed out of , or from the kingdome of england , or dominion of wales , or town of barwick upon ●wede , or out of or from the isles of jersey or guernzey , with sarke and alderney , being under the government of guernzey aforesaid , or out of or from any of them , or out of , or from the kingdome of ireland aforesaid , into any parts or places out of the kingdomes , isles or dominion aforesaid , any sheep or wooll whatsoever , of the breed or growth of the kingdomes of england or ireland , or isles or dominion aforesaid ; or any wooll fells , mortlings or shorlings , or any yarn made of wooll , or any woolflocks , or any fullers earth , or any fulling clay whatsoever ; nor shall directly or indirectly pack or load , or cause to be packed or loaded upon any horse , cart , or other carriage , or load , or lay on board , or cause to be loaden or laid on board in any ship or other vessel , in any place or port within the kingdomes of england or ireland , or town of berwick , or isles , or dominion aforesaid , any such sheep , wooll , woolfells , mortlings , shorlings , yarn made of wooll or woollflocks , or any fullers earth or fulling clay , to the intent or purpose to export , transport , carry or convey the same , or to cause the same to be exported , transported , carryed or conveyed out of the kingdomes of england or ireland , town of berwick , isles or dominion aforesaid , or with intent or purpose , that any other person or persons should so export , transport , carry or convey the same into any parts or places out of the kingdomes of england and ireland , town of berwick , isles or dominion aforesaid , into the kingdome of scotland , or any foreign parts . and be it further enacted by the authority aforesaid , that no wooll , woolfells , mortlings , shorlings , yarn made of wooll , woollflocks , or any fullers earth , or fulling clay , shall be from and after the fourteenth day of january , in the year of our lord one thousand six hundred and threescore , exported , transported , carried or conveyed out of the kingdome of england and dominion of wales , or town of berwick , or kingdome of ireland , or out of any port or place of the said kingdomes respectively unto the isles of jersey or guernzey , or to sarke or alderney , except as in this act shall be hereafter limited or appointed . and be it further enacted by the authority aforesaid , that all and every the offender & offenders , offence and offences aforesaid , shall be subject and lyable to the respective pains , penalties and forfeitures hereafter following , that is to say , the said sheep , woolls , woolfels , mortlings , shorlings , yarn made of wooll , woolflocks , fullers earth , and fulling clay , so exported , transported , carryed , conveyed , packed or loaden contrary to the true intent of this act , shall be forfeited , and that every offender and offenders therein shall forfeit twenty shillings for every such sheep , and three shillings for every pound weight of such wooll , woolfels , mortlings , shorlings , yarn made of wool , wool-flocks , fullers earth , or fulling clay . and also the owners of the said ships or vessels knowing such offence , shall forfeit all their interest in the said ships or vessels , with all their apparel and furniture to them and every of them belonging . and that the master and mariners thereof , knowing such offence , and wittingly and willingly aiding and assisting thereunto , shall forfeit all their goods and chattels , and have imprisonment for the space of three moneths without bail or main-prise ; the one moiety of which said penalties and forfeitures shall be to the kings majesty , his heirs and successors ; and the other moiety to him that will sue for the same by action of debt , bill , plaint or information in any of his majesties courts of record , or before the iustices of assize , or in the general quarter sessions of the peace : in which suit , no essoyn , protection or wager of law shall be allowed . and be it further enacted , that if any merchant or other person or persons shall after the said fourteenth day of january transport or cause to be transported , any sheep , wool , wool-fels mortlings , shorlings , woollen-yarn , wool-flocks , fullers-earth or fulling-clay , contrary to the true intent of this act , and be thereof lawfully convicted , that then he shall be disabled to require any debt or accompt of any factor or others for or concerning any debt or estate properly belonging to such offendor . provided alwaies and it is nevertheless declared , that this act or any thing therein contained shall not be construed to take away any greater pains or penalties inflicted or to be inflicted for any the offences aforesaid by vertue of any former act of parliament now in force . and be it also further enacted by the authority aforesaid , that every offence that shall be done or committed contrary to this act , shall and may be inquired of and heard , examined , tryed and determined in the county where such sheep , wooll , wool-fels , mortlings , shorlings , yarn made of wooll , wool-flocks , fullers-earth , or fulling-clay respectively shall be so packed , loaden , or laid aboard as aforesaid contrary to this act , or else in the county where such offenders shall happen to be apprehended , or arrested for such offence , in such manner and form , and to such effect to all intents and purposes as if the same offence had been wholly and altogether done and committed at and in such county . provided alwaies and be it enacted by the authority aforesaid , that no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid , unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed . and be it further enacted by the authority aforesaid , that it shall and may be lawfull to and for any person or persons to seize , take and challenge to his or their own use and behoof , and to the use of the king , his heirs and successors , all and all manner such sheep , wool , woolfels , mortlings , shorlings , yarn made of wool , wool-flocks , fullers-earth and fulling clay , as he or they shall happen to see , finde , know or discover to be laid aboard in any ship or other vessel or boat , or to be brought , carried or laid on shore at or near the sea or any navigable river or water , to the intent or purpose to be exported , transported or conveyed out of the kingdoms of england , or ireland , town of berwick , isles or dominion aforesaid contrary to the true meaning of this act , or to be packed or loaden upon any ●●orse , cart or other carriage , to the intent or purpose to be conveyed or carried into the kingdome of scotland aforesaid ; and that such person or persons as shall happen so to seize , take or challenge any such sheep , wooll , wool-fells , mortlings , shorlings , yarn made of wooll , woolflocks , fullers earth or fulling clay as aforesaid , shall have the full moiety thereof , to all intents and purposes . provided alwayes , that such person or persons as shall make any such seizure or challenge as aforesaid to his or their own use , shall not be admitted or allowed to give in evidence upon his or their oath or oathes against any person or persons , which shall happen to be indicted , accused or questioned by vertue of this act , or any thing therein contained . and furthermore be it enacted by the authority aforesaid . that all and every ship , vessel , hulke , barge or boat , of what kinde soever , whereof any alien born , or whereof any naturall born subjects not inhabiting within the realm of england , shall be owner or part owner , and wherein any sheep , wooll , wool-fells , mortlings , shorlings , yarn made of wooll , wooll-flocks , fullers earth , or fulling clay shall happen to be shipped , put or laid aboard contrary to the true meaning of this act , shall be forfeited to the kings majestie , his heirs and successors . provided alwayes , that this act shall not extend to any lamd skin ready drest , and prepared fit and usefull for furr or lynings . provided also , that this act shall not in any wise extend to the transporting , carrying or conveying away of any such wool-fells or pelts , with such vvooll upon them , or to any beds stuffed with flocks , which shall be carryed or imployed in any ship or other vessel for necessary use onely , of and about the ordnance or other thing in or concerning such ship or vessel , or onely for the necessary use of any the persons in such ship or vessell , passing or being , and which shall not be sold or uttered in any foreign parts , out of the kingdomes of england or ireland , or town of berwick , istes or dominion aforesaid ; nor to the exporting , transporting , carrying or conveying of any weather-sheep , or of the vvooll growing upon any such vveather-sheep , to be carryed alive in any ship or other vessell , for and towards the onely necessary food or diet , of or for the company or passengers or other persons therein , and for and towards none other purpose . provided alwayes , and be it further enacted , that this act or any thing therein contained shall not extend to any such wooll to be exported or transported out of or from the port of southampton , onely unto the aforesaid isles of jersey and guernzey , by , or for the onely use or behoof of any the inhabitants of the said isles of jersey and guernzey , or either of them , or to any such vvooll to be shipped or loaden aboard in any ship or other vessel , by , or for the only use or behoof of any the inhabitants of the said isles of jersey or guernsey , or either of them in the port aforesaid , to be exported and transported into the said isles of jersey or guernzey or either of them ; so as such person and persons that shall so ship or lay aboard such wooll into any ship or other vessel , do before the shipping or laying aboard such vvooll , deliver unto the customer , comptroller , surveyor or searcher of the port of southampton aforesaid ( out of which the same vvooll is to be exported ) a writing under the seal or seals of the respective governors of the same isles of jersey and guernzey , unto which the said wool is to be transported , or of his or their deputy or deputies respectively , the which writing shall purport and express that the party named in such writing is authorised and appointed to export or to cause to be exported out of the port aforesaid so much wooll , expressing the number of the tods , to the same isle , to be used or manufactured in one of the same isles , or in some of the members or parts of the same , and that such party so authorised and appointed to export or cause to be exported that wool , hath before the making and sealing of that writing , entred sufficient bond to his majesties use for the landing of the said wool in that isle . and to the intent that the quantity of wooll to be exported out of the port of southampton aforesaid into the said isles or either of them in any one year , accompting the year to begin from the first day of january next ensuing , and so yearly from the first day of january , may not exceed the quantity hereunder specified ; that is tosay , unto the isle of jer●ey two thousand tods and no more of unkeamed wool , and unto guernzey one thousand tods and no more of unkeamed wool , and unto alderny two hundred tods and no more of unkeamed wool , and unto sarke one hundred tods of unkeamed wool and no more , every tod not exceeding thirty two pounds . and be it enacted by the authority aforesaid , that the governor of the said isle of jersey or his deputy for whom he will answer , shall not make to any person or persons any writing or writings such as is above specified , to authorise or appoint such person or persons as aforesaid , to fetch , e●port , or transport out of the port of southampton aforesaid unto the said isle of jersey in one year , accompting the year from the first day of january , one thousand six hundred and sixty aforesaid , any greater quantity of vvool then two thousand tods in any one year ; and that the governor of the said isle of guernzey , or his deputy for whom he will answer , shall not make to any person or persons any writing or writings , such as is above specified , to authorise and appoint such person or persons as aforesaid , to fetch , export , or transport out of the port above specified unto the said isles of guernzey , with alderny and sarke , in any one year , accepting the year from the first day of january aforesaid , any greater quantity of vvooll then one thousand tods for guernzey , two hundred todds for alderney , and one hundred todds for sarke in any one year ; and that the customer of the port of southampton aforesaid , shall keep a true accompt of all the said quantity of woolls so by him permitted to be loaden by vertue of this act , and shall not permit any greater quantity of vvoolls to be loaden then by this act is prescribed in any one year to either of the said islands respectively under any pretence whatsoever , upon the penalty of the forfeiture of his place , and the summe of one hundred pounds in money , one moyety whereof to the kings majesty , his heirs and successors , and the other moyety to him or them that will sue for the same in any court of record , wherein no essoyne , protection or wager of law shall be allowed . and if any of the governors aforesaid , or any their or either of their deputy or deputies of the said isles , or either of them , shall give , grant , or make any licence or licences for exporting from southampton aforesaid , into the said isles respectively , of any greater quantity of such vvooll , then is before by the true meaning of this act limitted and appointed in that behalf ; that then the respective governor or governors of such of the said isles , shall forfeit and pay to the kings majesty , his heirs or successors , the summ of twenty pounds of lawful money of ●ngland , for every todd of vvooll which shall be so licenced to be exported , over and above the rate or proportion of vvooll in and by this act , or the true meaning thereof limited or appointed . and be it further enacted by the authority aforesaid , that the respective governors aforesaid , or their respective deputies , or any their clerks , officers or servants , for the granting , making , or sealing of every such writing of licence as is aforesaid , and for the entring a remembrance of the same into some book , which they shall have and keep for that purpose , may have and take the summ of twelve pence , and no more , upon pain of forfeiting to be partie grieved the summ of five shillings for every penny which shall be taken over and above the said summ of twelve pence , in and by this act allowed to be taken , and so after that proportion , the said penalty or forfeiture for the taking above twelve pence as aforesaid , to be recovered by bill , plaint or information in any court of record at westminster or elsewhere , wherein no injunction , protection , priviledge , essoyne or wager of law shall be admitted or allowed . anno regni caroli ij. regis angliae , scotiae , franciae , & hiberniae , duodecimo . at the parliament begun at westminster the five and twentieth day or april , an. dom. . in the twelfth year of the reign of our most gracious soveraign lord charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. london , printed by john bill , printer to the kings most excellent majesty , . cum privilegio . anno xii . caroli . ii. regis . an act for confirmation of marriages . whereas by vertue or colour of certain ordinances , or certain pretended acts or ordinances , divers marriages since the beginning of the late troubles , have bee● had and solemnized in some other manner then hath been formerly used and accustomed : now for the preventing and avoyding of all doubts and questions touching the same , it is enacted by the kings most excellent majesty , with the advice and assent of the lords and commons in parliament assembled , and by authority of the ●ame , that all marriages had or solemnized in any of his majesties dominions since the first day of may , in the year of our lord , one thousand six hundred forty and two , before any iustice of peace , or reputed iustice of peace , of england or wales , or other his majesties dominions , and by such iustice or reputed iustice , so pronounced or declared . and all marriages within any of his majesties dominions , since the same first day of may , in the year of our lord , one thousand six hundred forty two , had or solemnized according to the direction or true intent of any act or ordinance , or reputed act or ordinance , of one or both houses of parliament , or of any convention sitting at westminster ; under the name stile or title of a parliament , or assuming that name , stile or title , shall be , and shall be adjudged , esteemed , and taken to be , and to have been of the same and no other force and effect , as if such marriages had been had and solemnized according to the rites and ceremonies established , or used in the church or kingdom of england , any law , custome , or vsage to the contrary thereof notwithstanding . and be it further enacted , that where in any suite commenced or to be commenced in any of the courts of the common law , any issue hath beén joyned , and not already tryed or determined , or shall be joyne● upon the point of bastardy , or lawfulness of marriage , for or concerning the marriages had and solemnized as aforesaid , the same issues shall be tryed by iury of twelve men according to the course of tryal of other issues tryable by iury at the common law , and not otherwise , any law , statute , or vsage to the contrary thereof , in any wise notwithstanding . anno xii . caroli . ii. regis . an act for prohibiting the planting , setting , or sowing of tobacco in england and ireland . your majesties loyal and obedient subjects , the lords and commo●s in this present parliament assembled considering of how great concern and importance it is , that the columes and plantations of this kingdom in america , be defended , protected , maintained , and kept up , and that all due and possible encouragement be given unto them ; and that not onely in regard great and considerable dominions , and countries , have been thereby gained , and added to the imperial crown of this realm ; but for that the strength and welfare of this kingdom do very much depend upon them , in regard of the employment of a very considerable part of its shipping and seamen , and of the vent of very great quantities of its native commodities and manufactures , as also of its supply with several considerable commodities which it was wont formerly to have onely from forraigners , and at far dearer rates : and forasmuch as tobacco is one of the main products of several of those plantations , and upon which their welfare , and subsistence , and the navigation of this kingdom , and vent of its commodities thither , do much depend ; and in regard it is found by experience , that the tobaccoes planted in these parts are not so good , and wholsome for the takers thereof ; and that by the planting thereof your majesty is deprived of a considerable part of your revenue arising by customes upon imported tobacco ; do most humbly pray that it may be enacted by your majesty : and it is hereby enacted by the kings most excellent majesty , and the lords and commons in this present parliament assembled , and by the authority of the same : that no person or persons whatsoever shall , or do from and after the first day of january , in the year of our lord , one thousand six hundred and sixty , set , plant , improve to grow , make or cure any tobacco either in seed , plant , or otherwise , in or upon any ground , earth , field , or place , within the kingdom of england , dominion of wales , islands of guernsey or jersey , or town of berwick upon tweed , or in the kingdom of ireland , under the penalty of the forfeiture of all such tobacco , or the value thereof , and of the sum of forty shillings for every , rod or pole of ground to planted , set , or sowen as aforesaid ; and so portionablely for a greater or 〈◊〉 quantity of ground , one moyety thereof to his majesty , his heirs and successors : and the other moyety to him or them that shall sue for the same , to be recovered by bill , plaint , or information in any court of record , wherein no essoign , protection , or wager in law shall be allowed . and it is hereby further enacted , that all sheriffs , iustices of the peace , maiors bailiffs , contrables , and every of them , upon information or complaint made unto them , or any of them , by any the officers of the customes , or by any other person , or persons whatsoever , that there is any tobacco set , sowen , planted , or growing within their iurisdictions , or precincts , contrary to this act , shall within ten days after such information or complaint , cause to be burnt , plucked up , consumed , or utterly destroyed , all such tobacco so set , sowen , planted or growing . and it is hereby further enacted , that in case any person or persons shall resist , or make forcible opposition against any person or persons in the due and through execution of this act , that every such person or persons for every such offence , shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid . and in case any person or persons shall not pay the sums of money , by them to be paid , by vertue of this act , that in every such case , destress shall be made and sale thereof , returning the over-plus to the owners ; and in case no destress be to be found , that then every such party shall be committed to the common gaol in the county where such offence shall be committed , there to remain for the space of two moneths , without bail or main-prize . provided always , and it is hereby enacted , that this act , nor any thing therein contained , shall extend to the hindring of the planting of tobacco in any physick garden of either university , or in any other private garden for physick or chirurgery , onely so as the quantity so planted exceed not one half of one pole in any one place or garden . anno xii . caroli ii. regis . an act for erecting and establishing a post-office . whereas for the maintenance of mutual correspondencies , and prevention of many inconveniences happening by private posts , severall publique post-offices have been heretofore erected for carrying , and recarrying of letters by posts , to , and from all parts and places within england , scotland , and ireland , and severall parts beyond the seas ; the well-ordering whereof , is a matter of general concernment , and of great advantage , as well for preservation of trade and commerce , as otherwise : to the end therefore that the same may be managed so , that speedy and safe dispatches may be had , which is most likely to be effected , by ere●ting one general post-office for that purpose ; be it therefore enacted by the kings most excellent majesty , the lords and commons in this present parliament assembled , and by the authority of the same , that there be from henceforth one general letter-office erected and established in some convenient place within the city of lond●n , from whence all letters and pacquets whatsoever may be with speed and expedition sent unto any part of the kingdomes of england , scotland , and ireland , or any other of his majesties dominions , or unto any kingdome or countrey beyond the seas , at which said office all returns and answers may be likewise received ; and that one master of the said general letter-office shall be from time to time appointed by the kings majesty , his heirs , and successors , to be made or constituted by letters patents under the great seal of england , by the name and style of his majesties post-master generall ; which said master of the said office , and his deputy , and deputies by him thereunto sufficiently authorised , and his and their servants , and agents ; and no other person or persons whatsoever , shall from time to time have the receiving , taking up , ordering , dispatching , sending post or with speed , and delivering of all letters & pacquets whatsoever , which shall from time to time be sent to and from all and every the parts and places of england , scotland , and ireland , and other his majesties dominions , and to and from all and every the kingdomes and countreys beyond the seas , where he shall settle or cause to be setled posts or running messengers for that purpose . except such letters as shall be sent by coaches , common known carryers of goods by carts , waggons , or packhorses , and shall be carried along with their carts , waggons , and packhorses respectively ; and except letters of merchants and masters which shall be sent by any masters of any ships , barques , or other vessel of merchandize , or by any other person imployed by them for the carriage of such letters aforesaid , according to the respective directions ; and also except letters to be sent by any private friend or friends in their wayes of journey or travel , or by any messenger or messengers sent on purpose , for or concerning the private affairs of any person or persons : and also except messengers who carry and recarry commissions or the return thereof , affidavits , writs , process , or proceedings , or the returnes thereof , issuing out of any court. and be it furtther enacted by the authority aforesaid , that such postmaster generall for the time being , as shall from time to time be made and constituted by his majesty , his heirs and successors , and the respective deputies , or substitutes of such post-master general , and no other person or persons whatsoever , shall prepare , and provide horses and furniture to let to hire unto all through-posts , and persons riding in post by commission , or without , to and from all and every the parts and places of england , scotland and ireland , where any post-roads are , or shall be setled and established . and be it further enacted by the authority aforesaid , that it shall and may be lawful to and for such post-master general to be constituted and appointed as aforesaid , and his deputy or deputies by him thereunto sufficiently authorized , to demand , have , receive and take for the portage and conveyance of all such letters which he shall so convey , carry , or send post as aforesaid , and for the providing and furnishing horses for through-posts , or persons riding in post as aforesaid , according to the several rates and summs of lawful english money hereafter mentioned , not to exceed the same ( that is to say ) for the port of every letter not exceeding one sheet , to or from any place not exceeding fourscore english miles distant from the place where such letter shall be received , two pence ; and for the like port of every letter not exceeding two sheets , four pence ; and for the like port of every pacquet of letters proportionably unto the said rates ; and for the like port of every pa●quet of writs , deeds , and other things after the rate of eight pence for every ounce weight ; and for the port of every letter not exceeding one sheet , above the distance of fourscore english miles from the place where the same shall be received , three pence ; and for the like port of a letter , not exceeding two sheets , six pence ; and proportionably to the same rates , for the like port of all pacquets of letters , and for the like port of every other pacquet of writs , deeds , or other things , after the rate of twelve pence of english money for every ounce weight ; and for the port of every letter not exceeding one sheet , from london unto the town of berwick , or from thence to the city of london , three pence of english money ; and for the like port of every letter not exceeding two sheets , sir pence ; and proportionably unto the same rates , for every pacquet of letters , and for every other pacquet of greater bulk , one shilling and six pence for every ounce weight ; and for the port of such letters and pacquets as shall be conveyed or carried from the town of berwick unto any place or places within forty english miles distance from berwick , or any other place where such letter shall be received , two pence ; and for every letter not exceeding two sheets , four pence ; and proportionably to the same rates for every pacquet of letters , and for every other pacquet or parcel , eight pence for every ounce weight ; and for every letter not exceeding one sheet to be conveyed or carryed a further distance then forty english miles , four pence ; and for the like port of every double letter , eight pence : and proportionably unto the same rates for the like port of every pacquet of letters , and for the like port of every other pacquet , one shilling for every ounce weight ; and for the port of every letter not exceeding one sheet from england unto the city of dublin in ireland , or from the city of dublin in ireland unto england , six pence of english money ; and for the like port of every letter not exceeding two sheets one shilling , and proportionably to the same rates for every pacquet of letters ; and for the port of every other pacquet of any kind of greater bulk , two shillings for every ounce weight ; and for the port of such letters or pacquets as shall be conveyed or carryed from the city of dublin , unto any other place or places within the kingdme of ireland , or from any other place unto the said city , or to , or from any other place within the said kingdome , according to the rates , and summs of english money hereafter following , viz. for every letter not exceeding one sheet , to or from any place within forty english miles distance from dublin , or any other place where such letter shall be received , two pence ; and for every letter not exceeding two sheets , four pence , and proportionably to the same rates for every pacquet of letters , and for every other pacquet of greater bulk , eight pence for every ounce weight ; and for every letter not exceeding one sheet to be carryed or conveyed a further distance then forty english miles , four pence ; and for the like port of every letter not exceeding two sheets , eight pence ; and proportionably unto the same rates for the like port of every pacquets of letters , and for the like port of every other pacquets of greater bulk , one shilling for every ounce weight ; and for all and every the letters , pacquets , & parcels of goods that shall be carried or conveyed to , or from any of his majesties said dominious , to or from any other parts or places beyond the seas , according to the severall and respective rates , that now are , and have been taken for letters , pacquets , and parcels so conveyed , being rated either by the letter , or by the ounce weight , that is to say ,     d morlaix , saint maloes , caen , newhaven , and places of like distance , port paid to roan is for single vi double xii treble xviii ounce xviii     d hamburgh , cullen , frankfort , port paid to antwerp is single viii double xvi treble xxiv ounce xxiv     s d venice , geneva , legorne , rome , naples , messina , and all other parts of italy , by way of venice , franct pro mantua single o ix double i vi treble ii iii ounce ii viii     s d marcelia , smerna , constantinople , aleppo , and all parts of turkie , port paid to marcelia single i o double ii o . q ●● . of an ounce ii ix ounce iii ix     s d genoua , legorn , rome , and other parts of italy , by way of lyons , franct pro lyons single i o double ii o q ●● . of an ounce ii ix ounce iii ix and of letters sent outwards ,     s d to bourdeux , rochel , nantes , orleans , byon , towers , and places of like distance , port paid to paris single o ix double i vi treble ii iii ounce ii o     s d and for letters brought from the same places into england single i o double ii o . q ●● . of an ounce iii o ounce iv o also letters sent outwards ,     s d to norembergh , bremen , dantswick , lubeck , lipswick , and other places of like distance , post paid to hamburgh single i o double ii o . q ●● . of an ounce iii o ounce iv o     s d and for letters brought from the said places to england single o viii double . i iv treble ii o ounce ii o and for the port of letters brought into england from     s d calais , diepe , bulloigne , abbeville , amiens , saint omers , montrell single o iv double o viii treble i o ounce i o     s d rouen single o vi double i o treble i vi ounce i vi     s d paris single o ix double i vi treble i iii ounce i o     s d dunkirk , ostend , lille , ipte , courtrey , gheandt , bruxells , bridges , antwerp , & all other parts of flanders single o viii double i iv treble ii o ounce ii o     s d sluis , flushing , middleburgh , amsterdā , roterdam , delph , hagh , and from all other parts of holland & zealand single o viii double i iv treble ii o ounce ii o provided alwayes , that all mercha●●●● accompts not exceeding one sheet of paper , and all bills of exchange , invoyces , and bills of lading , are , and shall hereby be understood to be allowed without rate in the price of the letters , and likewise the covers of letters not exceeding one fourth part of a sheet of paper sent to marseilles , venice or ligorne , to be sent forward to turky , shall be understood to be allowed to pass without rate or payment for the same ; and according to the same rates and proportions for the port of letters , packquets & parcels to or from any of the parts or places beyond the seas , where posts have not been heretofore setled , and may hereafter be setled by the said post-master general for the time being , his executors or assignes : and it shall and may be lawful to and for such post-master general , & his deputy and deputies , to ask , demand , take and receive of every person that he or they shall furnish and provide with horses , furniture and guide to ride , ost in any of the post-roardes as aforesaid , three pence of english money for each horses hire or postage for every english mile , and foure pence for the guide for every stage . and whereas upon the arrival of ships from parts beyond the seas into several ports within his majesties dominions , many letters directed to several merchants and others , have been detained long to the great damage of the merchants , in want of that speedy advice and intelligence which they might have had if the same had been forthwith dispatched by the s●●●d posts , and sometimes such letters have been delivered by the masters or passengers of s●●h ships to ignorant and loose hands , that understand not the way and means of speedy conveyance and delivery of letters , whereby great prejudice hath accrued to the affairs of merchants and others , as well by the miscarryage of many letters so brought , as oftentimes by the opening of the same to the discovery of the correspondencies and secrets of the merchant . be it further enacted by the authority aforesaid , that all letters and pacquets that by any master of any ship or vessel , or any of his company , or any passengers therein shall or may be brought to any port-town within his majesties dominions , or any of the members thereof , other then such letters as are before excepted , or may be sent by common known carriers in manner aforesaid , or by a friend as aforesaid ; shall by such master , passenger , or other person be forthwith delivered unto the deputy or deputies only of the said post-master general for the time being by him appointed for the said port-town , and by him or them to be sent post unto the said general post-office to be delivered according to the several and respective directions of the same . and be it further enacted by the aforesaid authority , that no person or persons whatsoever , or body politick or corporate other then such post-master general , as shall from time to time be nominated and appointed by his majesty , his heires or successors , and constituted by letters patents under the great seal of england as aforesaid , and his deputy and deputies or affignes , shall presume to carry , recarry & deliver letters for hi●e , other then as before excepted , or to set up or imploy any foot-post , horse-post , coach-post , or pacquet-boat whatsoever for the conveyance , carrying , and recarrying of any letters or pacquets by sea or land within his majesties dominions , or shall provide and maintaine horses and furniture for the horsing of any thorow-posts , or persons riding in post with a guide and horne , as usuall for hire , upon paine of forfeiting the summe of five pounds of english money for every severall offence against the tenor of this present act , and also of the forfeiture of the summe of one hundred pounds of like english money for every weeks time that any offender against this act shall imploy , maintaine , and continue any such foot-post , horse-post , coach-post or pacquet-boat as aforesaid : which said several and respective forfeitures , shall , and may be sued for , and recovered by action or actions of debt , plaint , or information in any of his majesties courts of record , wherein no essoigne , priviledge , protection , or wager of law shall be admitted ; and the said several and respective forfeitures that shall happen from time to time to be recovered , shall be and remaine the one moiety thereof to his majestie , & his heires and successors , and the other moiety thereof to such person or persons , who shall or will inform against the offender or offenders against this present act , and shall or will sue for the said forfeitures upon the same . provided alwayes , that if any post-master of any respective place , doth not , or cannot not furnish any person or persons riding in post with sufficient horses within the space of one half hour after demand , that then such person or persons are hereby understood to be left at liberty to provide themselves , as conveniently they can ; and the persons who shall furnish such horses , shall not therefore be liable to any penalties or forfeitures contained in this act. provided alwayes , that if through default or neglect of the post-master generall aforesaid , any person or persons riding in post shall fail as aforesaid of being furnished with a sufficient horse or horses , for his or their use , after demand as aforesaid ; that in every such case , the said post-master generall shall forfeit the summ of five pounds sterling , the one moiety to his majesty , his heirs and successors , and the other moiety to him or them who shall sue for the same in any court of record , to be recovered by bill , plaint , or other information , wherein no essoigne , protection or other wager in law shall be admitted . provided alwayes , and be it enacted , that nothing herein contained shall be understood to prohibit the carrying or recarrying of any letters or pacquets , to or from any town or place , to or from the next respective post-road , or stage appointed for that purpose ; but that every person shall have free liberty to send and imploy such persons as they shall think fit , for to carry the said letters or pacquets as aforesaid without any forfeiture or penalty therefore , any thing contained in this act to the contrary notwithstanding . provided alwayes , that if the pacquet or maile shall be carried out of england into any part beyond the seas in any ship or vessel which is not of english built , and navigated with english seamen , that in every such case , the said post-master general shall forfeit the summ of one hnndred pounds sterling ; the one moiety to his majestie , his heirs and successors , and the other moiety to him or them , who shall sue for the same , in any court of record , to be recovered by bill , plaint or other information , wherein no essoign , protection , or other wager in law shall be allowed . provided also , and be it enacted by the authority aforesaid , that no person or persons shall be capable of having , using , or exercising the office of post-master general , or any other imployment relating to the said office , unless he or they shall first take the oathes of allegiance and supremacy , before any two iustices of the peace of the respective counties wherein such person or persons are or shall be resident , which said iustices are hereby authorized to administer the said oathes accordingly . provided also , and be it enacted by the authority aforesaid , that a letter or pacquet-post shall twice every week come by the way of trurow and penrin to the town of ma●ketiew alias marhasion in the county of cornwall ; and once a week to kendal by the way of lancaster , and to the town of penrith in cumberland by the way of newcastle and carssile ; and to the city of lincoln , and the burrough of grimoby in the county of lincolne , any thing in this act contained to the contrary thereof in any wise notwithstanding . provided also and be it enacted by the authority aforesaid , that such post-master generall to be from time to time appointed by his majesty , his heirs and successors as aforesaid , shall continue constant posts for carriage of letters to all places , though they lie out of the post-roads , as hath been used for the space of three years last past , at the rates herein before mentioned , under pain of forfeiture for every omission five pounds , to be recovered by action , suite , or plaint , in any his majesties courts of record , the one moiety to the use of his majesty , the other moeity to the use of the informer . and for the better management of the said post-office , and that the people of these kingdomes may have their intercourse of commerce and trade the better maintained , and their letters and advises conveyed , carried & recarried with the greatest speed , security , and convenience that may be ; be it further enacted , that the said post-master general so nominated , appointed and constituted as aforesaid , and his deputies , shall from time to time observe and follow such orders , rules , directions and instructions for and concerning the settlement of convenient posts and stages upon the several roads in england , scotland and ireland , and other his majesties dominions , and the providing and keeping of a sufficient number of horses at the said several stages , as well for the carrying and conveying of the said letters and pacquets , as for the horsing of all thorow-posts and persons riding in post by warrant or otherwise as aforesaid , as his majestie , his heires and successors shall from time to time in that behalf make , and ordaine ; and that his majesty , his heires and successors may grant the said office of post-master general , together with the powers and authorities thereunto belonging , & the several rates of portage above mentioned , and all profits , priviledges , fees , perquisites & emoluments thereunto belonging , or to belong , either for life or term of years , not exceeding one and twenty years , to such person or persons , and under such covenants , conditions and yearly rents to his said majesty , his heires and successors reserved , as his said majesty , his heirs and successors shall from time to time think fit for the best advantage and benefit of the kingdome . provided alwayes , and be it enacted by the athority aforesaid , that no person shall have power to take , use , or seize any horses for the service mentioned in this act , without the consent of the owners thereof ; any usage or pretence , or any thing in this act contained to the contrary thereof in any wise notwithstanding . provided always , and be it enacted by the authority aforesaid , that all inland letters sent by any packet-post established by this act as aforesaid , do and shall pay the rates and prices before mentioned , at such stage where they are last delivered only , unless the party that delivers the letters desireth to pay elswhere ; any thing in this act to the contrary notwithstanding . provided always , that all letters , and other things , may be sent or conveyed to or from the two vniversities in manner as heretofore hath been used ; any thing herein to the contrary notwithstanding . anno xii . caroli . ij. regis . an act impowering the master of the rolls for the time being , to make leases for years , in order to new build the old houses belonging to the rolls . whereas the mansion-house , ground , and tenements , with the appurtenances belonging to the master of the rolls , as master of the rolls , are much out of repair , and not capable of improvement , in regard the former masters of the rolls were not enabled to grant such leases , and for such terms as might encourage tenants to build and to repair : be it therefore enacted by the kings most excellent majesty , and the lords and commons in this present parliament assembled ; and it is hereby enacted by the authority aforesaid , that the master of the rolls for the time being , and his successors , masters of the rolls , shall have good right , full power , and lawful authority , during the time he or they shall continue master of the rolls , by writing indented , under hand and seal , to grant and make leases for one and forty years , or for any lesser term , to commence from the making of any such leases , of all and singular the premisses , or any part thereof , the chappel of the rolls with a convenient mansion-house , court , yard , garden , stable , coach-house , and other our-houses and buildings , fit for the use and habitation of the master of the rolles , onely excepted ; which lease and leases , so to be made , shall be good and effectuall in law to all intents and purposes , as if such master of the rolls for the time being , as shall so make the same , had beén seized of the premisses of a good estate in feé simple . provided , that in leases where provision is made for new building of houses or tenements , that the yearly rent of twenty shillings at the least shall be reserved upon every lease of such a quantity of the said premisses , as shall be set out and assigned by the master of the rolls for the time being for any one house or tenement to be built upon ; and that in leases where there is no provision for new building , the like usual rent that hath beén paid or reserved for the greater part of seven years now last past , or more , shall be yearly reserved . provided also , that the master of the rolls for the time being , or any succeéding master of the rolls , after the prenusses have beén once letten , according to the power given as abovesaid , shall not grant or make any new or concurrent lease untill within seven years of the expiration of the lease then in being , nor for any lesser rent then was reserved upon the former lease , nor for any longer term , then for the term of one and twenty years from the making of such new lease . jo : browne cleric . parliamentorum . . an act for the restoring of henry lord arundel of warder to the possession of his estate . . an act for restitution of thomas earl of arundel , surrey and norfolk , to the dignity and title of duke of norfolk . . an act to restore to wentworth earl of roscomon , of the kingdom of ireland , all the honors , castles , lordships , lands , tenements and hereditaments in ireland , whereof james earl of roscomon his great-grand father , or iames earl of roscomon his father , &c. . an act for restoring of sir george hamilton unto his lands and estate in ireland . . an act for maintenance of the vicar for the time being of the vicaridge of royston in the counties of hertford and cambridge , and of his successors , vicars of the said vicaridge . . an act for enabling sir william vvray to sell lands for payment of his debts , and raising of portions for his younger children . . an act for naturalizing of gerrard vanheuthusen , daniel demetrius , and others . . an act for enabling of iohn newton the younger , and william oakeley , to make sale of lands for payment of debts , and raising of portions , &c. . an act for the levying of certain moneys due upon the collection for the protestants of piedmont . . an act for the naturalization of john boreell esq ; eldest son of sir william borreell knight and baronet . . an act for the naturalization of abraham watchtor born beyond the seas . . an act for restoring of sir thomas crimes baronet , to his estate . . an act for enabling george fawnt of foston in the county of leicester esq ; to sell and conveigh part of his lands , for payment of several debts and legacies charged upon his estate by sir william fawnt knight deceased , aud for the raising of portions for his younger children , and making his wife a joynture . . an act for naturalizing francis hide , and others . . an act to enable joseph micklethwaite an infant , and his trustees , to sell lands for payment of his fathers debts . . an act for raising portions , and making provision for maintenance for the younger children of sir edward gostwicke . . an act for confirming the sale of the mannor of hitcham , sold to charles doe , by sir iohn clarke knight and baronet , and for setling and disposing other the lands of the said sir iohn clarke and dame philadelphia his wife . . an act for the setling of some of the mannors and lands of the earl of cleaveland in trustees , to be sold for the satisfying of the debts of the said earl , and of thomas lord vventworth his son. . an act for the disappropriating of the rectory appropriate of preston , & uniting and consolidating of the said rectory , and of the vicaridge of the church of preston ; and for assuring of the advowson , and right of patronage of the same unto the master , fellows , and scholars of emanuel colledge in cambridge , and their successors . . an act for making the precinct of covent garden parochial . london , printed by john bill , printer to the king ' s most excellent majesty . . at the king's printing-house in black-fryars . by the king, a proclamation declaring the parliament shall sit the one and twentieth day of october england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation declaring the parliament shall sit the one and twentieth day of october england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by john bill, thomas newcomb, and henry hills ..., london : . "given at our castle at windsor the th day of august . in the two and thirtieth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. proclamations -- great britain. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation declaring the parliament shall sit the one and twentieth day of october . charles r. whereas this present parliament has been continued by divers prorogations , and is now prorogued to the twenty first day of october next ensuing ; his majesty having now resolved for weighty considerations both at home and abroad , that the parliament shall then meet and sit : to the end therefore that the lords spiritual and temporal , the knights , citizens and burgesses may take notice thereof , and give their attendance , his majesty doth by this his royal proclamation publish and declare , that the parliament shall then meet and sit , and doth hereby require the presence of all and every of them , and that they give their attendance accordingly . given at our castle at windsor the th day of august . in the two and thirtieth year of our reign . god save the king. london , printed by john bill , thomas newcomb , and henry hills , printers to the kings most excellent majesty . . by the king a proclamation against imbezelling of armour, munition, and victuall, and other military prouisions. england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation against imbezelling of armour, munition, and victuall, and other military prouisions. england and wales. sovereign ( - : charles i) charles i, king of england, - . leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxv [ ] imprint from colophon. "dated at our manour of hampton, the . of december. ." reproduction of original in: henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- supplies and stores. great britain -- history, military -- - . great britain -- history -- charles i, - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion ¶ by the king. ❧ a proclamation against imbezelling of armour , munition , and victuall , and other military prouisions . diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms whereas by an act of parliament , made in the one and thirtieth yeere of the reigne of our deare sister , the late queene elizabeth , of famous memorie , it was enacted , that if any person or persons , hauing at any time , after the said parliament , the charge or custodie of any armour , ordnance , munition , shot , powder , or habiliments of warre , of the queenes maiesties , her heires or successors , or of any uictuals prouided for the uictualling of any souldiers , gunners , mariners , or pioners , shall for any lucre or gaine , wittingly , aduisedly , or of purpose to hinder , or impeach her maiesties seruice , imbezell , purloine , or carry away any the said armour , ordnance , munition , shot , powder , habiliments of warre or uictuals , to the value of twenty shillings , at one or seuerall times ; that then euery such offence shall be iudged felony , and the offendor or offendors therein , to be tryed , proceeded in , and suffer , as in case of felony . forasmuch as it hath beene found by late experience , that , notwithstanding the penaltie prouided for such offences , diuers persons , to whose trust and charge , armour , munition , shot , powder , habiliments of warre , prouisions of uictuals , and incidents thereunto , were committed , haue , both before the ships going foorth , in the time of our seruice , and in their returne homewards , ( out of a greedy desire of gaine and lucre to themselues ) imbezelled , purloyned , conueyed away , and sold , a good part of the prouisions and remaines , of such armour , munition , powder , &c. uictuals , bisket , bagges , caske , and other prouisions to them intrusted , to the great hinderance and impeachment of so important a seruice in hand , and such other our seruice , as hereafter may fall out . wee doe therefore signifie our royall will and pleasure ; and doe hereby straitly charge and command all officers , ministers , and others now imployed , or hereafter to be imployed in our seruice , by land or at sea , that they presume not to imbezell , purloine , or carrie a shore , at their arriuall at any of our ports , or sell any armour , munition , powder , &c. or uictuals , iron hoopes , caske , bisket , bags , or other prouisions , which , either are , or hereafter shall be in their charge and custody , as they will auoide the penaltie of the law prouided against such offenders , which they are to expect shall be seuerely inflicted vpon them , and such further punishments as the case shall require . and wee doe further charge and command all , and euery person and persons , to take notice , that if any of them shall buy , receiue , or take into his or their possession , any armour , munition , uictuals , or other prouisions , which haue beene , or heereafter shall bee committed to the custodie and charge of any the pursers , stewards , gunners , or other officers or ministers , now imployed , or heereafter to be imployed in our seruice , either by land or sea , he , or they shall seuerely suffer such condigne punishment , as by the lawes of this our realme is ordayned , and otherwise , as shall be iust and fit . and wee doe heereby signifie our further will and pleasure , that , what person soeuer of our well affected subiects , or others , can find out , or iustly informe of any purloynings , or imbezelments , in kind , as before , and giue notice thereof to the principall officers of our nauie , ordnance , and munition , shall bee well rewarded for his , or their paines so taken therein . dated at our manour of hampton , the . of december . . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m. dc . xxv . liberty of conscience asserted and several reasons rendred why no outward force nor imposition ought to be used in matters of faith and religion with several sayings collected from the speeches and writings of king james and king charles the first / john crook, samuel fisher, francis howgill, richard hubberthorne. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) liberty of conscience asserted and several reasons rendred why no outward force nor imposition ought to be used in matters of faith and religion with several sayings collected from the speeches and writings of king james and king charles the first / john crook, samuel fisher, francis howgill, richard hubberthorne. crook, john, - . fisher, samuel, - . howgill, francis, - . hubberthorn, richard, - . p. printed for robert wilson ..., london : . "this was delivered into the hands of the members of both houses of parliament the last day of the third month, ." reproduction of original in university of texas library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. liberty of conscience -- early works to . freedom of religion -- england -- early works to . religion and state -- england -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion liberty of conscience asserted , and several reasons rendred , why no outward force , nor imposition , ought to be used in matters of faith and religion : with several sayings , collected from the speeches and writings of king james , and king charles the first . john crook samuel fisher francis howgill richard hubberthorne . acts . , . now i say unto you , refrain from these men , and let them alone : for if this counsel , or this work , be of men , it will come to nought : but if it be of god , you cannot overthrow it ; lest haply ye be found fighters against god. this was delivered into the hands of the members of both houses of parliament , the last day of the third month , . london , printed for robert wilson , in martins le grand , . liberty of conscience asserted , &c. liberty of conscience ought to be allowed in the dayes of the gospel in the free exercise of it to god-ward ( without compulsion ) in all things relating to his worship , for these reasons following . . because the general and universal royal law of christ commands it matth. . . all things whatsoever ye would that men should do to you , do ye even so to them : for this is the law and prophets . that which every man would have and receive from another , he ought by christ's rule to give and allow it to another . but every man is willing to have the liberty of his own conscience , therefore ought to allow it to another . . because , no man can perswade the conscience of another , either what god is , or how he should be worshipped , but by the spirit , which god hath given to instruct man in the wayes of truth . . because , all obedience or service that is obtained by force , is for fear of wrath , and not from love , nor for conscience sake ; and therefore will but continue so long as that fear or force abides upon them . . because , that by forcing , no man can make a hypocrite to be a true believer ; but on the contrary , many may be made hypocrites . . because , that in all forced impositions upon mens consciences there is something of the wrath of man exercised , which works not the righteousness of god , bur rather begets enmity in the heart one towards another . . because , that by forcing any thing upon mens consciences , as to matters of faith and worship , many are hardened in their hearts against the things imposed ; when as otherwise , through love and gentle instructions their hearts might be perswaded to willing obedience . . because , that persecution for conscience contradicteth christ's charge , matth. . who bids , that the tares ( or false worshippers ) be suffered to grow together in the field ( or world ) till the harvest ( or end of the world. ) . because , force is contrary to the end for which it is pretended to be used ( viz. ) the preservation and safety of the wheat , which end is not answered by persecution , because the wheat is in danger to be plucked up thereby , as christ saith . . because , to force , is inconsistent with the belief of the jews conversion ( and other false worshippers ) which is prayed for by the publick teachers , and cannot be attained , if persecution for conscience be prosecuted . . because , they that impose upon mens consciences , exercise dominion over mens faith , which the apostles denyed , saying , they had not dominion over any mens faith. . because , imposition upon mens consciences necessitates them to sin , in yeelding a conformity contrary to their own faith : for whatsoever is not of a mans own faith , is sin . . because , that imposition and force wrestles with flesh and blood , and carnal weapons , which is contrary to the apostles doctrine , who said , our vveapons are not carnal , but spiritual , and mighty through god : and we wrestle not with flesh and bloud . . because , there is but one judge , law-giver and king in and over the conscience , as the saints have testified in the scriptures of truth ; and whosoever would intrude , so as to be judge and law-giver over the conscience , intrencheth upon the prerogative of christ , isa. . . james . . . because , it is prophesied in isa. . the wolf shall dwell with the lamb , and the leopard shall lye down with the kid , and there shall be no destroyer in all he holy mountain ; and therefore no imposition upon mens consciences . . because , to impose upon mens consciences for differences in faith , is contrary to the advice of the apostle , who directs people to wait upon god to be satisfied , and not to the magistrate or others , to be forced ; who saith , vvhereunto we have attained , let us walk ; and wherein any man is otherwise-minded , god shall reveal , even that unto him . . because , to force mens consciences , and to lay yoaks upon them , is to make void the blood-shed and sufferings of christ , who sits upon the throne of the conscience , and gives libeyty there ; and commands us to stand fast in that liberty , and not to be entangled through the impositions of men , or yoak of bondage , gal. . . . because in all nations the different professions and perswasions of religion , are either friends or enemies to the governours : if friends then obliged by that bond. if enemies then christ's command is to take place , who saith , love your enemies ; which if observed , persecution for conscience will be avoided . . because , toleration of different perswasions in religion was allowed in the jewish state , as not inconsistent with their safety , and that in things contrary each to other , as the sadduces , pharisees , essaeans , herodians with others . . because , the true religion cannot be preached up by force of armes , and the primitive christians detested that form of proceedings . . because , no man hath such power over the souls and consciences of other men , as to lay a necessity on them to believe that which they do not believe , or not to believe what they do believe : true faith being the gift of god. . because , if the magistrate imposeth upon the conscience , he must either do it as a magistrate , or as a christian. not as a magistrate , for then heathens ( being magistrates ) have the same power to impose ; and so , by revolutions and conquests , may come to give laws to christians , and compel them to idolatry . . not as christians , for that contradicts christ's saying , the kings of the gentiles exercise lordship over them ; but it shall not be so among you , for all ye are , brethren . . because , by the same rule and reason that the magistrate of one nation ought to impose upon , and persecute for conscience , the magistrates in all other nations ought to do the same ; and so the greatest part of mankind may come to be destroyed , there being more that dissent , than are at unity in matters of faith and religion . . because , the strength of truth , and its conquest over falsity and deceit , is best discovered by letting both have their liberty , from out 〈◊〉 and 〈…〉 sion ; for 〈◊〉 〈◊〉 〈◊〉 ou 〈…〉 ard force been less used , the prevalency of truth had been more manifest , and that wife saying , truly experienced in the world , viz. that which i● of god will stand , and that which is not will come to nothing . . because , the disciples of christ are rebuked by him for desiring the destruction of those that were contrary to him , and would not receive him : which zeal is sharply reproved in his saying , they knew not what spirit they were of . . because , to impose upon mens consciences , and to destroy their persons for difference in religion , is contrary to the end of christ's coming , who saith , he came not to destroy mens lives , but to save them . . because , people of divers religions in one nation , if not tolerated , must some of them be destroyed , or removed by banishment . if destroyed , the constancy and patience of the sufferers for their faith , moving pitty and commiseration , makes men more ready to own , than to reject their faith , and so rather multiplies , than lessens , the number of its professors . if banish'd , this renders the banished as so many enemies abroad , ready upon all occasions to disturbe the peace and tranquillity of their own native countrey . there is therefore , in order to the outward welfare of all nations , a kind of necessity for a toleration in them of all religions . . because , to impose upon mens consciences begets a hatred against the imposers in those who are imposed upon , and forc'd thereby to violate their consciences towards god in matters of worship . . because , men are commanded to be subject to the powers that are , for conscience sake , and therefore such powers ought not to persecute men for conscience sake , being that is prescribed for the rule of obedience ; the scripture saying , be ye subject not onely for wrath , but for conscience sake . . we find it asserted by king james in his speech to the parliament in the year , . who said , that it is a pure rule in divinity , that god never loves to plant his church with uiolence and blood ; and furthermore said , it was usually the condition of christians to be persecuted , but not to persecute . . and we find the samething in substance asserted again , by his ) son charles the first , in his book known by the name of 〈◊〉 〈◊〉 , printed for r. royston , as followeth . page . in his prayer to god , he said , thou seest how much cruelty amongst christians is acted , under the colour of religion ; as if we could not be christians , unless me crucifie one another . pag. ● . make them at length seriously to consider , that nothing uiolent and injurious , can be religious . pag. . nor is it so proper to ●ew out religious reformations by the sword , as to pollish them by fair and equal disputations , among those that are most concer●●d in the differences , whom , not force , but reason ought to convince . sure in matters of religion , those truths gain most upon mens judgements and consciences , which are least urged with segular ui●lence , which weakens truth with prejudices . pag. . it being an office not onely of humanity , rather to use reason than force , but also of christianity to seek peace and ensue it . pag. , . in point of true conscientious tenderness , i have often declared , how little i desire my laws and scepter , should intrench on god's soveraignty , which is the onely king of mens consciences . pag. . nor do i desire any man should be farther subject unto me , than all of us may be subject unto god. concerning oaths . p. . the injoyning of oathes , upon people , must needs in things doubtful be dangerous , as in things unlawful damnable . some words of advice from charles the first , to the then prince of wales , now king of england , &c. pag. . my counsel and charge to you is , that you seriously consider the former real or objected miscariages , which might occasion my troubles , that you may avoid them , &c. beware of exasperating any factions , by the crosness and asperity of some mens passions , humors , and private opinions , imployed by you , grounded ●●●ly upon differences in lesser matters , which are but the skirts and suburbs of religion , wherein a charitable connivance , and christian toleration , often dissipates their strength , when rougher opposition fortyfies , and puts the despised and oppressed party into such combinations , as may most enable them to get a full revenge on those they count their persecutors . pag. . take heed that outward circumstances and formalities of religion devour not all . pag. . your prerogative is best shewed and exercised in remitting , rather than exacting the rigor of the laws , there being nothing worse than legal tyranny . acts . , , . gamaliel said unto them , ye men of israel , take heed unto your selves , what ye intend to do as touching these men , &c. acts . , , , , . gallio said , if it were a matter of wrong , or wicked lewdness , reason would that i should bear with you : but if it be a question of words and names , and of your law , look ye to it : for i will be no judge of such matters . the end . by the covncil. whereas the late parliament dissolving themselves, and resigning their powers and authorities, ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e aa thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the covncil. whereas the late parliament dissolving themselves, and resigning their powers and authorities, ... england and wales. council of state. sheet ([ ] p.) printed by henry hills, printer to the council, london : mdcliii. [ ] dated at end: this sixteenth day of december, . reproduction of the original in the british library. eng england and wales. -- lord protector ( - : o. cromwell) -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the covncil. whereas the late parliament dissolving themselves, and resigning their powers and authorities, ... england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) by the covncil . whereas the late parliament dissolving themselves , and resigning their powers and authorities , the government of the commonwealth of england , scotland , and ireland , by a lord protector , and succesive triennial parliaments , is now established ; and whereas oliver cromwell , captain-general of all the forces of this commonwealth , is declared lord protector of the said nations , and hath accepted thereof : we have therefore thought it necessary ( as we hereby do ) to make publication of the premisses , and strictly to charge and command all and every person and persons , of what quality and condition soever , in any of the said three nations , to take notice hereof and to conform and submit themselves to the government so established . and all sheriffs , maiors , bayliffs , and other publick ministers , and officers , whom this may concern , are required to cause this proclamation to be forthwith published in their respective counties , cities , corporations , and market-towns , to the end none may have cause to pretend ignorance in this behalf . given at white-hall this sixteenth day of december , . london , printed by henry hills , printer to the council , mdcliii . the armies dutie; or, faithfull advice to the souldiers: given in two letters written by severall honest men, unto the lord fleetwood lieutenant-generall of the armie, and now published for the instruction of the whole armie, and the good people of this common-wealth. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the armies dutie; or, faithfull advice to the souldiers: given in two letters written by severall honest men, unto the lord fleetwood lieutenant-generall of the armie, and now published for the instruction of the whole armie, and the good people of this common-wealth. h. m. fleetwood, charles, d. . , [ ] p. printed, and are to be sold in popes-head alley, s. pauls church-yard, and westminster hall, london : . "to the reader" signed: h.m. [and others]. the last leaf is blank. annotation on thomason copy: "may d". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no the armies dutie; or, faithfull advice to the souldiers:: given in two letters written by severall honest men, unto the lord fleetwood lieu h. m. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the armies dutie ; or , faithfull advice to the souldiers : given in two letters written by severall honest men , unto the lord fleetwood lieutenant-generall of the armie , and now published for the instruction of the whole armie , and the good people of this common-wealth . london , printed , and are to be sold in popes-head alley , s. pauls church-yard , and westminster hall , . to the reader . reader , whoever thou art , 't is fit thou should know that the following letters were sent to the lord fleetwood , and read by him before the calling of the late parliament , but were not intended to be published , because those that wrote them , hoped that this advice would have been followed , and they so much wished the lord fleetvvoods honor , that they desired the good he should do might appear to be from the impulse of his own mind , but now finding that our country hath languished so many months since , and seeing the distraction and confusion , that his neglect hath now brought upon us , and finding the general counsel of officers , to have expressed their sense of our dangers and impending ruine ; and to have interposed in the dissolving the parliament : when they found by experience , that a settlement would not be made by them , we thought fit to make these letters publick , hoping that it may in some measure quicken up the lord fleetvvood himself , upon a second reading of them , and also those officers that are now concerned by the utmost perill of their lives , to procure a settlement of that common freedome , which hath cost so much bloud and treasure , we have only to request your reading these letters , with respect to the season wherein they were written , and without prejudice upon your minds , and the lord : cause you to understand and do the things that belong to our countreys peace and welfare . h. m. h. n. i. l. i. w. i. i. s. m. my lord , you have long been the object of many good mens pity and prayers , who have judged in charity that the temptations of your late fathers court have been too mighty for you . but now you are become the object of their prayers and great expectations ; hitherto they thought you unable to prevent the wickednesse and apostacy which you have often seemed to mourn for in secret . but now the chief military power derived from any lawfull authority being fallen upon you , and all such officers and souldiers in the army as have any sense of justice and honesty in their use of arms , being ready to be commanded by you , and to rejoyce in their return to their first principles . they believe that god hath made your way plain before you to vindicate the profession of religion from the black reproaches that rest upon it , to restore the peoples liberties , the armies honour , and price of their bloud . and therefore they hope and pray that the lord may say effectually to you upon this opportunity : be thou strong and of a good courage in this my work , and i will be with thee . but if you should now sit still , they think as mordecai said to esther that deliverance and enlargement shall arise to the people from another ; but you and your fathers house shall be destroyed . now my lord , do not imagine us either vain enthusiasts or busie bodies that thus mind you , what is expected from you . we are such as engaged with you in the war against the late king , and do believe that you and we must render an account to the dreadfull god of the justice and sincerity of our intentions therein , and our souls are deeply afflicted to behold our righteous ends perverted , the bloud of our friends shed in the quarrell , trampled upon , the binding power of trusts , promises , and oaths , slighted , and the same ( if not worse ) principles of arbitrary power , tyranny , and oppression exercised , asserted , and maintained , against which we have so earnestly contended with a prodigall expence of our bloud and estates ; and our hearts are wounded to hear our old cause now made a mock and by ▪ word by our enemies , and to see such a black brand of infamy set upon all the parliaments adherents , as if they had been all the vilest hypocrites , who made pretences of religion , and faithfulnesse to their countries laws and liberties , to be only a cloak for the blackest wickednesse , as if none of them had ever intended any more , then by force and fraud to fat up themselves upon the bloud and ruines of other families . but your lordship knows , that the kings invasion of our properties and liberties , by taxes , illegall imprisonments , and opposition of the parliament in their supreme trust of ordering the militia for the peoples safety , did necessitate us to defend it by arms , as our native right , that the trust of the peoples safety and welfare , their strength , and purses , was only in the hands of their successive parliaments , and that they ought to be governed only by the laws : and their consciences , persons , or estates , to be at no mans will or mercy ; and doubtlesse the defence of these liberties is essentially necessary to the well being of any nation , and to the being of publick morall righteousness amongst men . and your lordship knows that all the successes and victories have been owned , as from the wonderfull appearance of god for his people in this honest cause , and that you caused the exercise of the chief magistracie in england by a single person to be abolish'd , because it was dangerous to this righteous cause , as well as uselesse and burdensome . now my lord , let us appeal to your conscience whether we ought not to expect those things we do , we are unwilling lest it should wound too deep to make a comparison between the principles of tyrannie and oppression that were attempted to be practised by the late king , and were declared by you to be begotten by the blasphemous arrogance of tyrants upon their servile parasites , and those that have been practised & avowed since god gave us victorie in the defence of our liberties ( and though we confesse the greatest number of honest men have hitherto least smarted under them , yet they will infallibly have the greatest weight of them upon their backs hereafter , should those principles get root amongst us , they being the only likely men to destroy them , and however , injustice against enemie ought to be abhorred by righteous men . ) but let us tell your lordship that it is the secret sigh of every honest heart : oh that god would now take away the reproach from this people , and their eyes are much upon you in it , and shoud you slight our eyes and expectations in this case , assuredlie the blood of our friends shed in the cause , will crie aloud for vengeance against you . we have better thoughts of your lordship , then that you should seek to shelter your self in your omission of so great a dutie , or in your proceeding in the evils begun under those vain subterfuges which have been used of late : oh be not deceived with pretences of providences of god , leading you from your old cause into things not to be justified by the morall lawes . the holie god directs his people only into the paths of righteousnesse , that is such actions as agree with his lawes , , iohn . , , . he that doth not righteousness is not of god , his providences and his lawes always speak the same things , neither let any man deceive you with pretence of necessitie that constrains you to desert your old principles for the people of gods sake and to advance christs kingdome ; for 't is not possible there should be necessitie to transgresse a divine naturall law that is eternall , there may be cases of extream inevitable necessitie , that may disoblige a man from some divine positive lawes , because a superior that is a divine , naturall law may oblige him in that case ; therefore in everie case of highest necessities , the immutable lawes of nature ought to be guides and commanders of what is to be done : and if your lordship can make your actions or omissions consist with those , neither god nor his people will blame you . and in so doing onelie , you can advance christs kingdome : for then is he exalted when supream reverence , and absolute subjection is given to his fathers lawes in the deniall of our selves in all countermands and temptations , and when the sword of the spirit is used to increase the number of such subjects : for this scepter , throne and wars are of and in righteousness . therefore , we beseech your lordship without hesitation or delay , pursue the exaltation of christ and his kingdom , in following in simplicity and integrity of heart after those righteous ends you proposed and declared in the late warre , and unto which you have obliged your self by all the sacred bonds of humane societie : be not affrighted with some parasites , bugbears of confusion , if you shake the diana , by which they hope to subsist , fear not assistance from every honest heart in england , and though some pretenders to honesty , may out of cowardise , or ambition , or covetousness , cry , ther 's a beare and a lion in the way , yet even they shall run after you when they see you forward in your way ; and to avoid delayes , let us beseech your lordship first to examine your conscience presently what you can answer to the blood of any poor saint shed , that cries in your ears to settle that libertie and justice in his countrie for which he shed his blood under your command . secondly , what you can answer to the blood of thousands of the enemies , which are esteemed by god as murdered by you if the iustifick cause of the war be not effectually prosecuted . will not their blood crie to god , and say , lord , this fleetwood killed us upon pretence that we should have destroied the liberties of the people of god , in imposing arbitrarie power upon them , which we did ignorantlie ? and he hath done the same thing , and made or suffered more heavie yokes to be imposed ; pray remember it , the scripture saith , thinkest thou o man , that judgest another , and doest the same things thy selfe , that thou shalt escape the iudgement of god , rev. . , . thirdly , we beseech you to examine what cause you now maintain with constant expence of blood , and the peoples estates , and how you can give an account to god for it . remember what are the causes for which god alloweth mens blood to be shed without blood-guiltinesse in him that causeth it ; and trie whether that be one , to make a nation greater slaves to iohn a styles and his confederates , then they would have been to iohn a nokes . but we praie your lordship if it be possible that anie pretence can be found for it , state a justifick cause of your present posture of arms , that thousands of tender consciences may be satisfied how to pray for you in any of your present designes , if god should not honour you in the work which they now expect from you. now my lord , if we would plead with you by worldly arguments or motives , that concern your self , it were easie to evince , that safetie , honour , and greatness to your self , and familie , can be certainlie compassed by no other means , then by returning to the principles from whence you are fallen , your daily tenors that now attend you and your counsells , would soon vanish , you might have above threescore thousand men of honest principles that would take themselves concern'd to be in armes at an houres warning to assist you , and this without second charge , and an armie of praiers . times as great , indeed who would or could hurt you , if you were a naked sincere follower of that which is good . we appeal to your conscience , whether you do not believ that your late father was more safe with a foot-boy onelie following him in the streets when he was believed to intend that good that your lordship may if you please effect , then he was afterwards ( when he was believed to intend his own ambition ) invironed with guards , and enclosed with locks , and bolts without number ; indeed the onelie meanes of safetie for such as will exercise great power over a people to the subjection of their liberties , is a mercenarie armie . and if that consists of some of the same people , their interest will change as often as they get estates that are of more value then their pay , and then they will be readie to conspire with any of the people to provide libertie and securitie of their estate for their children , and then the power of the tirants shake , and of how manie slaughters of the kings of israell do we read by their own service ; & if mercenarie strangers be intended to be guards for rulers in england , our ancestors taught us the way , when they were not so well instructed in their libertie to ridd our selves of them in a night , but if your own person could be secure for a while ; what will be the portion of your familie , if their persons and estates be left to the mercie of him that gets uppermost , and if you expect greatnesse or honor , consider whose names are delivered to us from former ages with reverence , and esteem , and who have been most admired , honored , and obeyed , by their countrey and people : can a dionysius compare , command or fain with a tymoleon ; was ever great cyrus or alexander obeyed like the poor young fisher-boy massinello in naples , whil'st the people imagin'd he sought a settlement of their libertie ? but we suppose the sense and remembrance of your dutie to god and his people , should be of greater weight in your lordships heart then all the conceits of the earth , & therefore we also forbear to mind you of the improbabilitie of setling this nation according to the rules of pollicie , upon anie other basis then their libertie ; the lands & interests of this nation being so dispersed & with so much equalitie , that whosoever shall attempt to invade our liberties will not find an interest able to overballance the peoples interest , and therefore cannot long maintain a dominion over them ; but we forbear to mention this capital politick consideration to your lordship at present , onlie let us beg your serious consideration how much the honor of the profession of the gospel is concerned in what we move your lordship to , & expect from you ; and that you would say to your self , is it not better that i & mine perish , then that a publick scandal be brought upon gospel profession by my injustice & treacherie to my countrie under a shew of holiness ; & if we shall observe by your lordships actions from henceforth that there are some apearances , that god hath begun to imprint upon your heart the sense of your publick dutie , and that he will put that honor & greatness upon you to be the restorer of his peoples liberties in this nation , we shall then think our selves obliged to write again to your lordship or wait upon you to strengthen your hands ; in the interim , we shall praie without ceasing , that wisdom , courage and strength may be given you from the father of all mercies , and that out of his fulness you may be in all things prepared for the accomplishing his own work of righteousness ; and if in judgement to this nation your heart should be hardned by these poor lines , your lordship will be left more inexcusable , and however some satisfaction in the discharge of your duties will arise to the conscices of my lord , your lordships most affectionate humble servants so far as you follow christ — my lord , we presumed lately to mind your lordship of your present oportunity , and most important duty , and our souls wish that the the secrets of your thoughts upon it were revealed , that our hearts and prayers might be towards you , and for you accordingly we must tell your lordship that you have since wounded the hearts of many precious saints , by conducting your armie officers , in an action of such gross hypocrisie , and palpable flattery , as that addresse you made to your new protector , we have reason to believe that it had been impossible for your lordship to have said privately to an honest man without blushing , what you have said there to the world under your hand , and if your lordship will remember ( with god in your eye ) what is said of your father , and your brother in it , and of an unknown connexion between his person and your cause , which a lso you cannot now , and as now ( state to your own conscience as just , ) we are confident your heart will smite you , and if your own heart condemn you , god is greater then your heart , and must much more condemn you . truly my lord , we were much startled in our hopes from you , and praiers for you , ( and we hear the same of others ) when we saw that addresse , yet our remembrance of your secret expressions even with tears , of your sense of the armies backslidings , and your earnest intreaties of us to pray for you , together with the great respect we have , for your lordship hath inclined us strongly to the best thoughts of you , sometimes saying one to another , surely he had not read our letter before his addresse , yet we have been so stumbled , that we had troubled your lordship no farther in this kind , if god had not so placed the interest of his cause and people upon our spirits , that we are restlesse within our selves , untill we have said so much , as may be either effectuall upon your heart , or at least discharge our consciences , and leave you inexcusable . if therefore the lord hath made us his remembrancers to you , and revived his fear in your heart , whilest you considered what we sent you , we have reason to conclude that you are come to these resolves in your owne breast , viz. . that the peoples arms of this nation have been committed to your charge in your severall capacities , as a steward of that high trust for them , to imploy them for their benefit , in preserving their rights and freedome , and that you must give an account to the eternall god of that stewardship . . that you are under all possible sacred and indispensable obligations to be faithfull in your trust . . that the cause for which you were trusted was to defend and maintain the peoples right to make laws for themselves , and thereby provide for their own welfare and safety , by such persons as they should chuse , and that without the negative controule of the king , and also to defend the freedome of their consciences , persons , and estates , in being over the only government of their own laws , without subjection to the will or mercie of any man . and we suppose you may also conclude that you have now power and oportunitie cast upon you to secure this libertie unto gods people , according to humane prudence beyond the reach of wicked men , and that if you should hide your talent of power , in the napkins of fear , cowardise , ambition , or self-interest , you will be condemned from the mouth of your own conscience , for an unprofitable and unfaithfull servant . now if god hath enabled your lordship thus to consider , with a pure understanding , and with integritie of heart thus to resolve , we know you are continually saying within your self , men and brethren what shall i doe , to shew my faithfulnesse to the cause of god , and the people , and to vindicate my possession from scandall ; and in hopes that god hath thus disposed your heart , we shall endeavour to inquire into your particular dutie . and in our search we may assert this generall maxime , as an infallible pillar to guide you in your present dutie to your generation , viz. that the peoples liberties cannot be lastingly secured to them by any other means , then an institution of sense , wise order or method , wherein the people may make and execute their own laws , and use their own arms and strength , for the common good of the whole societie . this may direct all your lordships thoughts and debates , about a settlement , and keep in your eieperpetually the white mark wherein all your designes and contrivances of publick concernment , ought to centre ; this may prepare you , to passe a quick sentence upon all the ambitious proposals of your court-parasites , this may cut off all those court debates , about impowering a prince , to check and controul the people by his negative , in their making their laws . it ought to be no question , whither the people should make their own laws , god himself having resolved it , the very point being the single point whereupon you joyned battell at first with the king , you defending that the parliaments ordinance for the malitia , was a law without the kings consent , and he denying it to be of any force , and affirming those traitors , that obeied that , and not his commissions of array ( this by the kings confession was the first quarrel ) this libertie then being their bloud , cannot be taken from them , but by the highest robberie and contempt of obligations to god and man . therefore your lordships dutie is no more then to contrive the best , most prudent form , and order , wherein the people may injoy their own , with the least hazard of being preyed upon by tirants , or being disquieted by their own ignorant disorders and confusions : your dutie to the people , is like to that of a guardian to an heir , not to give them an estate , but to set down rules , how it shall be ordered for them , and they put in quiet possession of it , to their most advantage and securitie , and this dutie is the more incumbant upon you , because you have broken , and trampled to pieces , beyond repair all those old christian forms , wherein they formerly injoyed their liberties , though with continuall disputes , and subject to daily injuries and oppressions . now before we propose to your lordship any form or order to be settled , it is fit that we discover to you the errours and inconsistencies , of your present practices , and appearing design , both in themselves , and in relation to the peoples liberties . first , it 's a grand errour in the foundation , if you imagine it possible to secure libertie or justice to the people , onelie by advancing good men to power over them , and trusting to the grace in their hearts , to rule in righteousnesse , good men upon the single account of mortalitie , can be no lasting bottom , whereupon to settle liberty and justice . it 's beyond the wisdome of man , to contrive an infallible provision , in the present age that the ruling power in the succeeding age , shall fall onelie into good mens hands , but what age ever produced men of such enlightned pure minds ? that of themselves could discern right at all times , without the least cloud of their private interest upon their understandings , and also pursue such dictates of their minds , without interruptions by corrupt affections ; we mention this , not as if our souls did not wish , that all powers were vested in the best of men , but because we know that every man is vanitie , and a lie ; and yet we believe , it is often whispered in your eares , by some weak well meaning men , that honest mens liberty would then be secure , and they satisfied , if they could see good men put into power , saying we should then need no lawes , for they would be a law to themselves , having gods law in their hearts , but those that thus by consequence beg advancement , know not what they ask , scarce intending to be the peoples lords and to rule them as their slaves , which is necessarily employed in the arbitrarie power they ask ; neither do they apprehend , what horrid impietie it is , for any man in england now to erect , and exercise an arbitrarie power , they see not the blasphemous arrogancy of such as rule without lawes , being indeed , an attempt to erect their throne , in it 's kind , higher then almightie gods , who rules and judges onelie according to his lawes , without which there is neither justice , nor injustice in things humane , or divine , therefore the peoples security of libertie , and justice , must be founded upon excellent lawes , or constitutions , for the continued order , from generation to generation , wherein the people shall chuse their own lawes and magistrates , and if good men in power , will in simplicitie and integritie joyn heads , hearts , and hands to establish such an order , or forme of government , they will be worthilie esteemed the founders , though not the foundation of our liberties . secondlie , 't is a grosse mistake , to think that the securing the peoples liberties , and the creating of a soveraign prince over them , ( under whatsoever title ) can consist together , we mean such a prince or potentate , the tenure of whose power , shall not be upon the people , and who shall not be subject , and accomptable to the lawes of this commonwealth , doubtlesse the people may not be free , where there shall be a chief magistrate , whose deserved real honour and greatnesse , may justly make him disdain to look down upon the throne of the greatest monarch , yet if he shares in the soveraigntie , he subverts libertie and the foundation of his own glorie : the very essence or formall reason of a nations freedom , consists in the peoples making their own lawes and magistrates , and therefore it is a contradiction to say , we are free under a prince controling our lawes in their creation , or execution , and imposing his officers upon us at his will and the consequence of that practice , even in our late kings , hath caused all our present bloudie ruines , his officers being naturally inclined , and resolved to serve their creator , to the subversion of our lawes and liberties ; besides , if a prince be invested with the least punctilio of the soveraigntie , it is exceeding vain to imagine , that he should not naturally aspire to the top of it : every thing having an innate desire of its owne perfection , and there being no other visible meanes to preserve from the peoples reach , that part which hee hath , but the destruction of their libertie , you may as well suppose , fire not to ascend , as such a prince not to be wishing and aspiring to be an absolute lord , if he had neither ambition , nor pride in himself , nor in his appendixes , his court parasites , yet the unavoydable reciprocall fear , in the people , and such a prince , least each should dispoil the other of his share of soveraigntie , will compell the prince to provide for his own securitie , and do your lordship think he will believe himself safe , untill he hath set himself above the peoples reach , and brought them to depend upon his will ? it may be he that you would create prince with a small share of soveraginty , would at first thinke his power great , yet in continuance he would esteem it smal , men naturally reaching beyond what they have attained ; liberty therefore and principalitie , are incompatible , and can never last together : it seems strange to a people , that they should be free , and yet serve , and be imposed upon it 's strange to a prince , that he should be chief lord and not command ; the meane of libertie , is the mother of murder , and tyrannie ; any freedome from princes commands being intollerable to them , they by violence take it away , or attempt it , and that forceth a violent brutish tyrany , instead of government , we need not look farre for an instance of this , the bloud and sufferings of our ancestours , and our own age , witnesse it , hath not our princes and ancestours been alwayes strugling for four hundred yeares , and thousands perished in it , that are known , besides the ruine of many worthies which no history durst mention , unlesse with infamie , to please the tyrants , and your lordship hath seen , with what an earth-quake , libertie subverted principalitie , when it found opportunitie . therefore , if you wish us , and our posterities no greater good then onely quiet , it behooveth you to make us wholly free , or wholly slaves . thirdly , it is no small fayler of foresight , that you may imagine it feasible in this nation , at this time , to establish a principalitie , or monarchie , of any probable continuance , unlesse you can destroy all present reall properties and vest all , or most of the lands of england , in your monarch . every princes power of command must arise either from a voluntarie submission , and willingnesse of a people to serve him , as their lord , or from a violent compulsion , of them to be subject to him , and both those are founded upon an inequalitie , between him and them , either reall or apparent . a peoples willingnesse to serve a prince ( if any such be ) ariseth from their apprehension of some great inequality and dispropor●ion between him and them , either in vertue , interest , or power . the two first are proper to a prince in his native countrey ▪ or one that hath dominion over only a sovereign prince ▪ who may be thought powerfull to one people , the last may be proper to protect a people , and that may be chosen as the least of some impudent mischiefs ; but if any people ever were , or shall be voluntarily subject to a prince , upon their high opinion of his unequall transcendent vertue , that related only to his person , and never was or can be a solid foundation for an hereditary monarchy , but an unequall interest in the lands , may be , and is the common cause , either of a voluntary or constrained subjection : no man serves for nought , 't is the need that people have of the lords interest , that procures him servants , and enables him to compell subjection : so joseph that new moulded the egyptian monarchy , devised a way for the king to get all the possessions into his hands , that so the people might serve pharaoh , which was a necessary consequence . 't is evident that the relation of masters and servants would soon be banished the world , if all mens interests , vertues ▪ and strength were equall , and much sooner would the names of princes and subjects be for ever razed out of memory ; surely then ( my lord ) 't is beyond dispu e that if you intend to settle a monarchy over us , it must be by violence , for it cannot enter into your heart , to imagine , that you shall find a man , whose glorious vertues shall be as a sun amongst the stars compared with all the vertues in this nation , and those also to be surely intailed upon his heirs , neither can your lordship pretend , to find any family , whose interest in the lands is now so unequall , to the bulk of the people , that the nation should be induced by their interest to serve them . now that a compulsive subjection to a monarchy , must be the product of an unequall power , is as good as written with a sun-beam , he that forceth must be stronger then-he that is forced , and 't is as evident ▪ that such a power is the only naturall fruit of an unequall interest in the lands , upon which the beast of force must graze , that bears the monarch power to force a nation , cannot be inherent in a single person , and multitudes of hands , neither can nor will serve him to subj●ct a nation , unlesse they be h●red , ( christ himself says no man goes to warfare at his own charge ) and nothing can afford the constant growing hire of the princes own , but his interest in the lands , and if he put the hirelings to rob and pilfer for their own ●ire , upon the fruits of the lands , which the people esteem their own , ( that is by taxes ) the basis and root of the power , by which the forces live , hath not an appearance to be in the monarch , nor do his forces seem to have a necessary dependance upon him , but may as well rob for themselves , and at best , they must remain a fluctuating body without root , the monarch not being able to plant them upon his lands with condit●ons of service ; and therefore they will be esteemed of the land owners , only as the common thieves , whose hands are against every man , and ought to have every mans hand against them , and the robbery being in such a case , to be renewed continually upon the land-owners , and the wound alwaies smarting , 't is of more constant danger , to subvert the monarch , then it were for him to cut the throats of ten thousand land-owners at once , and possesse the lands , to plant his forces upon , as their standing-quarters upon their masters own lands , either for their lives , or during his pleasure . surely ( my lord ) it 's not to be denied , that a monarch in his domestick dominions , hath no greater rooted continuing power over a nation , then he hath an interest in the lands , surmounting in value , the interest of the whole people , as that interest grows , by murders , oppression , and the other common artifices of princes , ( unlesse the wrath of god interposeth ) so doth his power root , and flourish , all other seeming power of a monarch , hangs as the ignorant use to say , by geometry , and is without bottome ; 't is a tree whose root is dead , and may be kept up a little while by dead props that decays with it . 't is like an armies foraging into an enemies countrey ▪ and plundering , not being able to gain the possession of a town , castle , or house there , as a root of power over it . indeed , no form of domestick government can be establisht to be of duration , in a nation , chiefly living upon their lands , if property in the land do not accompany the empire , that is , if that order which governs ( be it one man , or the few , or the people ) do not possesse a greater share of the land of that countrey , then the rest of the people that are governed ; and therefore where the administration is most popular ; servants , and all such as have no estates are reckoned to have no share , or voices in the government . and we conceive , thatt the founders of governments , have either framed their models , according to the ballance of property , which they found amongst the people , or else have divided the property , and reduced it to their form . and your lordship may remember when god himself formed the people of israel , by moses hand , into a free common-wealth , there was not only a suitable division of the lands at the first , but a perpetuall law of jubilee , to prevent alienation of lands , and the growth of any to such unequall interest , as his power might be dangerous to the government , and when that people rejected gods form of their common wealth for a monarch , he foretold them , sam. . . . that the first work of their king would be to alter the modell of property in the lands , settled by god and take away the best of their fields , vineyards , and olive-yards , and give them to his servants , for strengthening himself , and so they should become his servants . and if we should not trouble your lordship too much , we would shew from history , that all the lasting monarchies that ever were in the world , have been built upon this foundation , of possessing the greatest interest in their countreys lands , either immediately , or by their peers and their powers , being the naturall result of that , they have had their births , decays , and deaths together . some kingdomes we say have been founded upon the monarchs immediate interest , or property in the lands , as many ancient eastern kings , and the turk , with other eastern princes at this day , who are sole proprietors or landlords of the whole territories where they reign , and the people their tenants at will , or at best for life , upon conditions of service in war , proportionable to the value af their farms , whereby the turk keeps an absolute power over his subject by their dependance upon his will for their bread , and with his own proper revenue is able also to maintain an army of strangers to strengthen the other tie , he hath upon his vassalls , and upon this root of his property , ( to the eye of humane reason ) his power has grown to that monstrous height others kingdomes have been built upon the property in the lands , which the monarchs , peers , have had joyntly with and under him : so were these western dominions after their conquest by the northern people , who divided a land , when conquered , into so many parcels , as they had great officers , leaving the choice of the best and largest share to their prince or leader , he becoming their king , and the chief officers , holding their large shares on him by some small acknowledgements , became his dukes , counts , and earls ; and the common souldiers ( who came indeed to seek a countrey to inhabit ) holding together with the poor natives some small parcels of land under those g eat-men upon such conditions as made them wholly dependant upon their landlords , and thus these dukes and earls paying homage and fealty and small acknowledgements to the prince , became princes in their own divisions , and thus the interest of the king and his peers over-weighed the properties of all other the inhabitants , whereupon the power of our ancient monarchy was founded , and the kings chief officers were the tenants and vassalls of his peers , to whom he sent upon occasion of trouble forreign or domestick to leavy arms , who gathered their vassalls together , and either assisted the king , or fought against him as they l●ked the quarrell , their souldiers never daring to dispute their lords commands knowing no immediate lord but them . thus was the kings power lesse or greater , as he agreed with his peers they having been able ( as your lord ship knows ) to make and unmake kings of england as they pleased , and if their propertie in the lands had so remained , nothing could have shaken the monarchs power , if he had kept an union with them , but the inferiour people grew by degrees to better their tenures , and to make some of their estates hereditary upon easie fines at every change , as our coppy-holders of inheritance and some to have their estates their own free hold , and in fine they came to abolish in england the tenures of vassailage & vill●uinage , which is yet in practice amongst our neigh-bour natiōs , ( whose monarchies stand by so much the stronger ) and the people having got a better interest in the lands , soon obtained some share in the government they were then thought fit to be summoned to the national meetings then called gamont , since a parliament , to consider what way to supply their king with money , which was to come only from their purses and properties ( the nobles then ( as now in france ) payiny no tax or tollage ) and the sense they had of their own properties in the lands made them soon after challenge it as their right , that their king could take no tax , toll , or tollage , unlesse they were pleased to give it him in their parliaments , and then the peoples yoakes , growing more easy , their wealth increased , and lands being commonly suffered to be alienated , the multitude became the purchasers , and some bought off their serviccs that still remained due to their lords , and others bought their lords lands , who proved prodigalls , and as occasion was offered , the churches lands , and this together with some kings endeavours to abate the power of their peers in their countreys , reduced the english peerage to an empty name , the greatest quantity of the lands , and with those , the power being fallen into the commons hands , before the warr , who being then sensible , they neither depended upon the king nor his peers for their bread , conceived themselves obliged to serve none but god , and therefore ought not to be commanded , or to have lawes imposed upon them by the king or his peers , judging it the right of a people , whose property rendred them free , and independent to chuse their own lawes and magistrates , being intended onely for the preservation of their own properties and liberties ; and thus did our house of commons gradually grow to that power which in latter time proved formidable to the kings , there wanting nothing to the destructon of the throne , whose pillars were broken , but an occasion for the people to feel the power they had , & this was the naturall cause of our late kings projecting to have brought german horse , or an irish army into england , a mercenary army being the last refuge of a monarch , devested of his nobility , ( though that also will prove but a violent dead prop , and soon rotten , unlesse he can suddainly reassume a greater property , & give them root by an interest in the lands upon conditions of serving him ) and this was the cause of the kings raising his guard at york , and leaving the vvarre ; being the last means to support his power ; therefore we may say , that the dying pangs of a monarchial power in england , caused our vvarrs , as his violent stranglings for life , much rather , then that the vvarre caused the destruction of monarchiall power ; the parliaments army did indeed prevent a possibility of the resurrection of that power , by a forcible changing the property in the lands , and so reviving a new monarchy ; but the old was dead by a kind of natural desolution before the parlament voted it uselesse , burdensome , and dangerous ; for surely 't is neither of the three , where , and so long as it's single property in the lands , or in union with his nobility , makes the people live upon him and them , though 't is most certainly all the three , where it must be fed upon the peoples properties ; like the snake in the rustick's house , till it be able to oppresse them . my lord , wee hope it will be clear to your lordship , that england is now become an unnatural soyl for a monarch . the governor of the world by various providences hath so divided the land amongst the bulk of the people , that they can live of themselves without serving , and it is preposterous to impose a monarch upon us , as to make a law , that the weaker shall alwaies binde the stronger ; we believe it no less impossible to establish a lasting monarch in england without alteration of the interest , the multitude hath in the lands , and naturall power , then it were to settle a firm lasting free state , or commonwealth in the turkish territories , suffering the ottoman to family to remain the sole landlord of the territories , as now he is ; and we suppose , that obvious objection , that england hath been a monarchy for many hundred years , is clearly answered , from what we have said , if you will take us as conquered , as much by your army , as by the normans , and think to settle a monarchy like theirs , in a new line ; you see the materialls , for your building and theirs , are of a different form , and can never make a like building ; england then yielded earth to the conqueror , by vast earldomes , and baronies , for the plantation of his new potentates , and a few confiscations or forfeitures made his own and his creatures interest in the lands to exceed all the rest ; besides , the temper of the people , to whom any property in the land was left , was much different from that you now finde , they being then bred to learn , and know no better ; now being bred in some liberty , and the continuall claim of the whole . neither can your lordship with reason hope to prop up a new monarchy , by an army of natives , to be paid by taxes , if you consider how soon their estates of inheritance and naturall love to posterity , with their independency upon the monarch , a disgust of the universall odium , they must live under by extorting taxes , will make them espouse the nationall interest as their own , as did the forreign plants of the normans , when rooted in lands of inheritance , so that no sort of armes , to be maintained by a meet tax , can long support a monarch , because the very tax , if nothing else , create's and maintain's him enemies that have roots in his dominions , when his friends have none : we could now shew your lordship invincible difficulties ( as our case is ) to found a monarchy though you should confiscate to your selves most of the peoples ends , to make your land property over weigh al the rest but we believe the confiscation of a people , that have never fought against you , but whose armes you have borne , to be an act so unnaturall and so full of blacknesse and horrour , that it can never be admitted room in your thoughts , and therefore we shall say nothing of it . fourhly , but my lord therei 's a fourth mistake that deserves the first place in the file of errors , that is , to conceive it possible to settle your brother richard and his heirs as our prince , to share in the sovereign power , if the wounds of monarchiall power in england , were not mortall , doubtlesse his art and experience renders not him to be a surgeon fit for the cure ; it was poverty and famine that shot his deadly arrow into the heart of our monarchy , and no plaister can heal it , but mammon to make it self new friends , and do your lordship judge his estate and property sufficient to make him friends enough to compell this nation to subjection ? what can a prudent man fancy as a foundation of his empire ? wherein is the equality between him and the people , even in your opinion , or the dictates of the present armies conscience ? it was said in the last parlament frequently , that he was a stranger to the people of god , unknown to the army , having never actually drawn sword , and one that was never observed to have had any affection for the parlaments cause ; if your lordship please to consider it , you will finde such disadvantages attends your brother , in his aspiring to the throne , as would render his settlement very doubtfull , if the basis for monarchy stood firm in england ; we pray your lordship think of the primary of his education , the tenderness of his years , the meanenesse of hisnatural authority , the slenderness of his reputation as soldier , or counseller , and above all , the hatred and contempt the people hath conceived him ; either of which , is sufficient to ruine a settled prince ; and adde unto these , the claime and pretence he sets up , by pretending to be our prince , for charles stewart against himselfe : ( whose interest and friends forreign and domestique may at the least be put in the ballance with your brothers ) which gives life to a growing root of a civill warr ; and adde farther , your rendring all knowing conscientious men desperate of their liberty bought with their bloud , & then remember the feeble interest and repute of his lords , who in stead of supporting his throne , as their predecessours did their princes have need to be supported by it . and once more adde , that his onely hope and refuge being an army for gods assistance in such designes , ought not to be expected ) that those are natives , not his servants , nor obliged to any dependance upon him , who must against their trust and oarhs , fight against their own countrey , and their own interest , ( which is to transmit to posterity their estates in security and fr●●dome ) and that all their pay must be extorted from the people ( wherein their relations are concerned ) by taxes and collages , and that your brother must have the greatest share of them to subsist upon in his pomp , and that many of those think their own merit and value equall to your brothers , and may not be full proof against ambition , and that they will not discern what aid he contributes to the paying of the taxes , whereof he spends so much ; nor what need have they of him . then your lordship will passe a deliberate resolve , whether it be probable to settle your brother as your monarch , especially if your lordship remember w with what difficulty fear and danger your father was supported for three or foure years only under most of the contrary advantages , and above all his pretence to army and people ( believed by many ) that he abhorred the thoughts of the reviving the old monarchy , and intended to procure a settlement of true liberty . now my lord , when we think upon these things , and the work you are called to , 't is evident to us that god hath hedged up all the by-waies from your duty with thorns , or rather seas and mountains of difficulties , and made the path of righteousnesse plain and easy . 't is your duty to restore the people to their liberty , and lay solid foundations of common right and justice amongst them , and in the natural course and order of things , it appears almost impossible to make them slaves . oh then give glory to god , vindicate the profession of religion , and make your own name as sweet odours to all generations in doing your duty , as a freewill-offering , chearfully and speedily , least your own necessities , and the peoples confusions should extort it from you . your only businesse then my lord ) is to settle the order for the continuall successive assemblies of the people , to make their own laws and magistrates , all present forms being broken by you , and an absolute necessity upon you , to appoint what shall be next , though you would return back to that imperfect form of parliaments that's now become unsuitable for us as a free people . for it is essentially necessary to the securitie of freedome , that the same assemblie should never have the debating and finally resolving power in them , least it suddenly degenerates into an oligarchie or tyrannie of some few , that assembly being in such a case able to perpetuate themselves . of this the providence of god hath given as an experiment in the long parliament , who exercising both the debating and determining power , were strongly tempted to have made themselves perpetually legislators , and what else they please , and to have governed according to their private interests , which if it had taken effect , would have as much destroyed the common interest and common right , vertue and liberty , as the same power exercised by a single person , who doth also naturally make his whole government , centre in his particular interest . therefore the order that hath alwaies been in effect amongst free people , ( although with some variation of names and circumstances ) hath been this : they have ranked themselves into three orders , the people , the senate , and the magistrate , whereby they have made themselves partakers of all the benefit of the naturall democracy , aristocracy , and monarchy ; that is , they have had the good effects of all the excellent endowments for rule and order , which god hath dispensed to any of their people , and by the wise distribution of the power amongst them , with controuls to every of their corrupt affections , unto which they were prone , they have prevented the mischiefs apt to ensue , when the governing power happened to be placed solely in any of the three . by the people is to be understood , ( in large populous places where the body of the people is too large to meet ) the popular assembly chosen by the body of the people of interests and estates , who have right of sufferage amongst us . this counsell or assembly ought to be numerous , as one thousand or more , and their function ought to be , to give their affirmative or negative to all laws , matters of peace , warre , and leveys of money , and that without debate , or arguing , which would bring in confusion in so great an assembly . therefore the matters ought always to be proposed by the senate , a convenient time before , that the popular assembly may be fully advised of them , before their meeting , and then they are to be summoned to meet , by one of their own choice for that purpose : and therefore they ought to reside near the chief citie , for the time of their power , which may be for two or three years , one third going out of office every year the assembly being filled by a new choice , and this is called the power of the common wealth ; the senate is the wisedom and authoritie of the common-wealth , which is a select company , not very numerous , chosen by the whole people at the same time and in the same manner with the popular councell , and to continue for the same space , with the same changes and recruits : the office of this councell , is to manage affairs of peace and warrs , when the people hath decreed it , and to prepare all lawes and decrees , ready for their sufferage , to command the forces by sea and land , according to such lawes and orders as shall be either fundamental to the government , ( for there ought to be an instrument of government ) or made from time to time by the senate , and the people . so that the senate is to debate and propose , and the people to decree and resolve all lawes going in the name of both of these deputies , both senate and people ought to have moderate sallaries allowed them , to prevent corruption , and in some recompence for the neglect of their private affairs , those of the popular assembly may have fourty shillings per week , & those of the senate may have five hundred pound per annum , their pains , care , and expence , being to be probably much greater , regard being also had to their qualitie , now if it should not be provided in the foundation , that the popular assembly should not assume the debate , it would come to an anarchie ; but athens , which perished by that means : and if the senate should take upon them the result , it would soon be an oligarchy , ( or tyranny of a few ) for they might with a vote perpetuate themselves , and govern the nation according to their private interest ; but both counsels can never agree to perpetuate themselves , for the popular assemblies office , being not of profit , but burden , and being acpable when out of that office , to be chosen into the senate , which is of more profit and authoritie , it would be against their interest , which is the most certain bond upon mankind ) to perpetuate themselves , and the yearly change of a third in each councels , bringing the whole number by successive changes , so suddenly into their private capacities , to enjoy the good , or suffer the harmes of what is done by the councell , in an equalitie with the whole people , it is of naturall impulse , that the whole government , should be onely according to the publicke reason and interest , and cannot be imagined to deviate from the proper ends of government , neither can any brazen-wall , be so firm and lasting , against the private interest and pretence of charles stuart , as the moulding the people into these orders , there being no danger , that the senate and people should agree to de-throne themselves , to be yoaked by a monarch : and we may safely say , that no people formed into these orders , if their number held any neer proportion to lie under monarchie , were ever yet subdued by a monarch , from the beginning of the world , untill this day , unlesse they were first broken in pieces by themselves , through some inequalitie in the constitution of their orders , but mightie monarchs have been often led captives by such people . the third order , is the magistracy , wherein some are chiefe , some subordinate , some senatorian , some popular , and are chosen accordingly , being all changeable , at certain times , and wholly subject to the lawes and order of the common-wealth . and the office of these , is to execute impartially all the lawes made as is before expressed . it is possible it may consist with the common interest , to have one chiefe magistrate , in whom the title & honour of the common-wealth , may reside in publicke solemnities and addresses ; so that no publick action bee left to his discretion , we shall not mention the excellent order of armes , that is the consequence of casting a people into this forme , whereby they subsist , and become invincible by their own armies , not by mercinaries . we onely mention the first forme , wherein the foundation of libertie to a people ought to be laid , that is by establishing the popular assembly , the senate , and the magistracy ; these are essentiall unto true libertie , the superstructures have differed amongst severall free people , according to divers accidents , we shall not presume so well of our selves as to offer any direction to your lordship in them : but if god shall prepare your heart for such a worke of righteousness and honour , we shall readily throw in our mite of advice to your treasury . my lord , we have now not onely cleared it to be your lordships duetie , to make us free , but shewed wherein the foundation of our libertie must be laid , and the ground is digged to your hand , the lands being so distributed , that no one man , or small number of men can over-power the whole people , by their possessions , if we thought it needfull to quicken your affections to your duetie , we could tell you from reason and experience how strangely such a settlement of libertie would transforme the manners of the people ; luxurie would change into temperance , haughtinesse and envie into meeknesse , and mutuall love and emulation of goodnesse , servilitie and basenesse of minde , into noblenesse and generositie . who would not follow vertue for the love ? when neither alliance , flattery or any vice , could make great , but a generall sentence from popular assemblies of worth and goodnesse , we might tell you it would wash foure garments from the staines of bloud , and the armies honour from the black reproach that now covers it , and above all the profession of religion from scandall and infamy ; this would shew that you had nobler ends then yet the world believes to be in christians : if ambition pricks in your breast , for your self or your brother ; in thus doing you may set him upon a throne more noble , lofty , and commanding , then ever the stuarts possessed or designed . his free conjunction with your lordship in this work may give him merit of greatnesse in the souls of those that now disdain him , you may make your swords shine with a radiant glory beyond those of alexander and caesar , whose honour was only the same with that of the plague and pestilence to destroy mankind , yours may restore liberty to england , and propagate it to mankind . and what should hinder your lordship , surely you can fear no resistance in giving the people their right , when you feared none in many destructive attempts to their right & freedomes , besides you have an army whose interests , consciences , ingagements , yea their very passions and affections lead them this way , and in doing this you may extinguish all fears , and secure against all plots , and make all knowing men your voluntary vassalls in thankfulnesse for their liberty . but if your private interest should blind your lordships eies , and lead you out of the paths of mercie , righteousnesse and peace , to hew out a bloudy way to empire against the naturall course of things . we believe it will not be long before oppression and confusion , the consequences of such violent actings wil extort that from you , which with little more trouble then to moddle the elections for a parliament ( as they ought ) you might give us above to your eternal honour . so wishing the god of mercy and peace to direct you , we remain my lord , your affectionate servants in christ . finis . by the council of state. a proclamation. whereas the council of state hath received information, that there is an endeavour by colonel john lambert, and other officers (lately reduced) to raise a new war and to imbroil the nation in blood and distractions, and to hinder the members from meeting in the next parliament, on whose free councel (under god) the hope of setling the nations both principally depend. ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the council of state. a proclamation. whereas the council of state hath received information, that there is an endeavour by colonel john lambert, and other officers (lately reduced) to raise a new war and to imbroil the nation in blood and distractions, and to hinder the members from meeting in the next parliament, on whose free councel (under god) the hope of setling the nations both principally depend. ... england and wales. council of state. sheet ([ ] p.) printed by abel roper and tho. collins, printers to the council of state, london : [ ] title from caption and opening lines of text. dated at end: given at the council of state at whitehall, this one and twentieth day of april, . "as col. lambert and other officers are trying to raise a new war, cols. john hewson, edward salmon, ashfield, major creed, maj. general tho. harrison, col. john okey, major wagstaff, lievtenant col. miller, capts. john blackwell, richard dean, and major gladman with col. robert lilburne are suspected of wishing to join lambert. they are to surrender at whitehall within three days after the proclamation of this in their country, on pain of sequestration." -- cf. steele. reproduction of the original in the british library. eng lambert, john, - -- early works to . england and wales. -- parliament -- early works to . sedition -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation· whereas the council of state hath received information, that there is an endeavour by colonel john england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ by the council of state . a proclamation . whereas the council of state hath received information , that there is an endeavour by colonel john lambert , and other officers ( lately reduced ) to raise a new war , and to unbroil the nation in blood and distractions , and to hinder the members from meeting in the next parliament , on whose free councel ( under god ) the hope of setling the nations doth principally depend . and being informed that colonel john hewson , col ralph cobbet , col. edward salmon , col. ashfeild , major creed , major general tho. harrison , col. john okey , major wagstaff , lievtenant col. miller , captain john blackwell , captain richard dean , and major gladman ( some of them being the number of those nine officers upon whom the parliament put a mark of displeasure , for their former disturbing of parliament authority , and colonel robert lilburn , who was summoned to attend the council , and came accordingly to london , hath lurked privately about the town , and is since departed , without making his appearance ) are persons apprehended to be dangerous , and bent to engage with the said colonel john lambert , in disserving the peace of the nation , and to interrupt the sitting of the next parliament . the council doth therefore hereby strictly charge , and require the said colonel john hewson , col. ralph cobbet , col. edward salmon , col. ashfeild , major creed , major general thomas harrison , col. john okey , major wagstaff , lieutenant colonel miller , captain john blackwell , capt. richard dean , major gladman , and col. robert lilburr , to appear and render themselves to the council at white-hall , within three daies after the proclaiming of this proclamation , in the county to place where any of the said persons are or shall be , under the pains and penalties of being proceeded against , and of having their estates to be forthwith seized and sequestred for the use of the common-wealth , in case of their fader to appear according to the time limitted by this proclamation . given at the council of state at whitehall , this one and twentieth day of april , . london , printed by abel roper and tho. collins , printers to the council of state . samuel vassall of london, esq; vassall, samuel, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) samuel vassall of london, esq; vassall, samuel, - . sheet ([ ] p.) s.n., [london : ] caption title. place of publication and suggested imprint date from wing. annotation on thomason copy: "january". reproduction of the original in the british library. eng vassall, samuel, - . england and wales. -- parliament -- early works to . debt -- england -- early works to . a r (thomason e _ ). civilwar no samuel vassall of london, esq;: vassall, samuel a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion samuel vassall of london , esq ; humbly desires your honours to commiserate his sad condition , who for want of his just debt due to him from this common-wealth , formerly placed upon the excise , is like to perish . this honourable house on the of may last , recommended as their desires to his highnesse the lord protector , that care might be taken for the speedy payment of the said debt , being l. s. d. principall , with the use thereof , which doth amount unto l. as by auditors account given to his highnesse honourable councell appears , and his highnesse recommended the same to his honourable councell , that care be taken that the parliaments desires might be satisfied , and on the of may , their honours did order one thousand pounds to be paid out of the excise office , which he received : but ever since that time , he hath waited at the door of the honourable councell , but had no other answer but they knew not where to place it : so for want of the said money his credit is much impaired , which is more dear then life to him , and his posterity like to be destroyed , if he finde not some speedy relief from this honourable house ; for his creditors prosecute him now with more violence , seeing their hopes frustrate , in not receiving that money which they hoped for : wherefore he humbly desires your honours favourable assistance that mr. fowel may be heard , who is to report to the honourable house the conclusion of the honourable committee appointed for his businesse , and that he may receive some speedy rerelief , that he may not lose his liberty with his credit , and see his posterity ruined before his face , which will be as a double death , and so bring his gray hairs with sorrow to the grave ; but he is confident of the honour and justice of this honourable house , that they will never suffer him and his posterity to perish , who hath done and suffered so much for their sakes . a letter directed to master bridgeman, the fourth of january, and a letter enclosed in it, to one master anderton, were this day read, and ordered to be entred. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e aa thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter directed to master bridgeman, the fourth of january, and a letter enclosed in it, to one master anderton, were this day read, and ordered to be entred. r. e. sheet ([ ] p.) printed for joseph hunscott, london : . advising bridgeman "to absent himself from parliament, and to convey a letter to mr. anderton from r. e. this letter speaks of the impeachment of the five members and threatens the solicitor, fynes, and earl of essex, warwick, say, brook, and paget in the lords. it is written as from a roman catholic" -- steele. reproduction of the original in the british library. to the worshipfull, and my much honoured friend orlando bridgeman esquire, and a burgesse of the parliament, at his chamber, at the inner-temple, these present -- to the worshipfull, and my much honoured friend, master anderson, these present. eng england and wales. -- parliament -- history -- early works to . catholics -- england -- early works to . great britain -- history -- charles i, - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a letter directed to master bridgeman, the fourth of january, and a letter enclosed in it, to one master anderton, were this day read, and o r. e f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter directed to master bridgeman , the fourth of january , and a letter enclosed in it , to one master anderton , were this day read , and ordered to be entred . to the worshipfull , and my much honoured friend , orlando bridgeman esquire , and a burgesse of the parliament , at his chamber , at the inner-temple , these present . sir , we are your friends , these are to advise you , to look to your self , and to advise others of my lord of straffords friends to take heed , lest they be involved in the common calamity , our advise is , to be gone , to pretend businesse till the great hubbub be passed , withdraw , lest you suffer among the puritans , we entreat you to send away this inclosed letter to master anderton inclosed , to some trusty friend , that it may be carried safely without suspition , for it concerns the common safety ; so desire your friends in coven-garden , january . to the worshipfull , and my much honoured friend , master anderton , these present . sir , although many designes have been defeated , yet that of ireland holds well . and now our last plot works as hopefully as that of ireland , we must bear with something in the man , his will is strong enough , as long as he is sed with hopes : the woman is true to us , and reall , her councell about her is very good : i doubt not but to send you by the next very joyfull news , for the present , our rich enemies , pym , hampden , strode , hollis , and hasterigg , are blemisht , challenged for no lesse then treason : before i write next , we doubt not but to have them in the tower , or their heads from their shoulders . the soliciter , and fynes , and earl we must serve with the same sauce : and in the house of the lords , mandevill is touched , but essex , warwick , say , brook , and paget , must follow , or else we shall not be quiet faulkland and culepepper , are friends to our side , at leastwise they will do us no hurt . the protestants and puritans are so divided , that we need not fear them ; the protestants in a greater part , will joyn with us , o● stand neuters , while the puritan is suppressed , if we can bring them under ; the protestant will either fall i● with us generally , or else , if they do not , they are so indifferent , that either by fair , or foul means , we shall be able to command them . the mischievous londoners , and apprentices , may do us some hurt for present , but we need not much fear them , they do nothing orderly but tumultuously : therefore we doubt not but to have them under command after one brunt , for our party is strong in the city , especially holborne , the new buildings , and wes●minster : we are afraid of nothing , but the scots appearing again . but we have made a party there , at the king last being there , which will hold their hands behinde them , while we act our parts at home ; let us acqu●● our selves like men , for our religion and countrey , now or never . the kings heart is protestant , but ou● friends can perswade him , and make him beleeve any thing . he hates the puritan party , and is made irr● concileable to that side ; so that the sunne , the moon , and starres , are for us : there are no lesse then twent● thousand ministers in england , the greater half will in their places , be our friends , to avenge the bishops di●honour . let our friends be incouraged , the work is more then half done . your servant , r. e. london , printed for joseph hunscott . . the parliaments x. commandements. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the parliaments x. commandements. elsynge, henry, - , attributed name. sheet ([ ] p.) s.n., [london : ] signed at end: h el., i.e. henry elsynge?. a satire on pariament in the form of parodies of the ten commandments, the lord's prayer, and the apostles' creed. imprint from wing. annotation on thomason copy: "jan: . ". reproduction of the original in the british library. eng england and wales. -- parliament -- humor -- early works to . lord's prayer -- parodies, imitations, etc. -- early works to . ten commandments -- parodies, imitations, etc. -- early works to . apostles' creed -- parodies, imitations, etc. -- early works to . political satire, english -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no the parliaments x. commandements. [elsynge, henry] d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the parliaments x. commandements . i. thou shalt have no other gods but us ther lords and commons ass-embled at westminster . ii. thou shalt not make any adresses to the king , nor yeeld obedience to any of his commands ; neither shalt thou weare any image either of him or his posterity ; thou shalt not bow down unto him , nor worship him , for wee are jealou● gods , and will visite such sinnes unto the third and fourth generation of them that hate us , and will not observe our votes , orders and ordinances . iii. thou shalt not take the names of us , your gods in vaine , for we cannot hold you guiltless that take our names in vaine . iiii. remember that thou keep holy the fast-day , for that is our sabbath ; in it thou shalt doe no manner of work , for we have blessed that day , and hallowed it . v. thou shalt neither yeeld honor nor obedience to the king ( thy countrie ; father ) or thy naturall father or mother , so wee will make thy dayes long , in the lands which we shall take from the ungodly and wicked ones , to bestow upon thee . vi . thou shalt remove the wicked one from his throne , and his posterity from off the face of the earth . vii . thou shalt edify the sisters , and abundantly increase and multiply the saints . viii . thou shalt get all thou canst ; part from nothing : doe no right , take no rong , neither pay any debts . ix . thou shalt be a witness for us , against whomsoever we judge to be wicked , that ●o we may cut them off , that the saints may enjoy abundance of all things . x. thou shalt enjoy thy neighbours house , his wife , his servant , his maid , his oxe , or his asse , or any thing that belongs unto him ; provided he be first voted ( by us ) to be a wicked or ungodly person . all these commandements wee require you , and every of you with all diligence to observe ; and we your lords and gods will incline your hearts to keep the same . the parliaments pater noster . our fathers , which think your houses of parliament to be heaven ; you would be honoured as gods , because charles his kingdome is come unto you ; your wills must be done on earth , as unto the god of heaven ; you have gotten the day , and dispose of our daily bread ; you will not forgive any , neither must you look to be forgiven ; you lead us into rebellion and all other mischiefs , but cannot deliver us from evil . yours is the kingdom , the power and glory , parliament everlasting . amen . the articles of their faith . i beleeve in cromwell , the father of all schisme , sedition , heresy and rebellion , and in his onely son ireton , our saviour , begotten by the spirit in a hole , borne of a winching mare , suffered under a house of office at brainford , he deserves to be drawn , hang'd and quartered , and to remain unburied ; for he descended into hull , the third day he rose up in rebellion against his king , and now sitteth on the right hand of the gods at westminster ; he beleeves there is no holy ghost , nor catholique church , nor forgiveness of sins , but the communion of the sisters , the resurrection of his members , and parliament everlasting . amen . ordered , that these new commandements , pater noster , and creed be read in all parish churches , and congregations , throughout england and wales . he●… ▪ his excellencies letter of the of ianuary, to the earle of forth, upon that letter sent to him from the prince, duke of yorke, and divers lords and gentlemen at oxford. essex, robert devereux, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his excellencies letter of the of ianuary, to the earle of forth, upon that letter sent to him from the prince, duke of yorke, and divers lords and gentlemen at oxford. essex, robert devereux, earl of, - . forth and brentford, patrick ruthven, earl of, ?- , recipient. sheet ([ ] p.) for laurence blaiklocke, at temple-bar, printed at london : febr. . . [i.e. ] signed at end: essex. a letter from the earl of essex to the earl of forth, enclosing a copy of the solemn league and covenant. order to print dated february . the year is given according to lady day dating. reproductions of the originals in the british library and the henry e. huntington library and art gallery. eng england and wales. -- parliament -- early works to . solemn league and covenant ( ). -- early works to . great britain -- history -- civil war, - -- early works to . a r (wing e ). civilwar no his excellencies letter of the of ianuary, . to the earle of forth, upon that letter sent to him from the prince, duke of yorke, and essex, robert devereux, earl of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion letterhead his excellencies letter of the of ianuary , . to the earle of forth , upon that letter sent to him from the prince , duke of yorke , and divers lords and gentlemen at oxford . my lord , i received this day a letter of the th of this instant from your lordship , and a parchment subscribed by the prince , duke of yorke , divers lords and gentlemen . but it neither having addresse to the two houses of parliament , nor therein there being any acknowledgement of them , i could not communicate it to them . my lord , the maintenance of the parliament of england , and of the priviledges thereof , is that for which we are all resolved to spend our blood , as being the foundation whereon all our lawes and liberties are built . i send your lordship herewith a nationall-covenant , solemnly entered into by both the kingdomes of england and scotland , and a declaration passed by them both together , with another declaration of the kingdome of scōtland . i rest , your lordships humble servant , essex . essex-house , januar. . . febru. . . it is his excellencies pleasure this letter be forthwith printed . io. baldwin , secretary to his excellency . printed at london for laurence baiklocke , at temple-bar . febr. . : die martis, . junii, . a declaration of the lords and commons assembled in parliament, for making void a former declaration of the thirtieth of march concerning the army. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, . junii, . a declaration of the lords and commons assembled in parliament, for making void a former declaration of the thirtieth of march concerning the army. england and wales. parliament. sheet ([ ] p.) printed for edward husband printer to the honorable house of commons, london : june [ ] imprint date from wing. expunges a parliamentary declaration of march against a petition from the army. ordered to be printed and published june ; signed: h: elsynge, cler. parl. d. com. with decorative border. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- militia -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, . junii, . a declaration of the lords and commons assembled in parliament, for making void a former declaration of the thir england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , . junii , . a declaration of the lords and commons assembled in parliament , for making void a former declaration of the thirtieth of march concerning the army . whereas the lords and commons did by a declaration of the thirtieth of march last declare their sence upon a petition , with the representation thereunto annexed ; and whereas they have been since informed , that the petitioners intended not thereby to give any offence to the parliament ; and calling to minde the great and eminent service done by the army to the parliament and kingdom : the lords and commons being tender of the honor of the said army , have thought fit to ordain and declare , and be it declared and ordained by the said lords and commons in the parliament of england assembled , and by the authority of the same , that the said former declaration of the thirtieth of march be razed and expunged out of the books of the said houses , and wholly taken away and made void ; and that no member of the said army shall receive any damage , prejudice or reproach for any thing in the said former declaration . ordered by the commons assembled in parliament , that this declaration be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband printer to the honorable house of commons . june . by the king. a proclamation for publishing a former proclamation of the th of may last (entituled, a proclamation against vitious, debauch'd and prophane persons) in all churches and chappels throughout england and wales. england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation for publishing a former proclamation of the th of may last (entituled, a proclamation against vitious, debauch'd and prophane persons) in all churches and chappels throughout england and wales. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : . dated: given at our court at whitehall, the thirteenth day of august, in the twelfth year of our reign, . annotation on thomason copy: "aug. ". reproduction of the original in the british library. eng england and wales. -- sovereign ( - : charles ii) -- proclamation against vitious, debauch'd and prophane persons. -- early works to . vice -- england -- early works to . great britain -- history -- charles ii, - -- early works to . a r (thomason .f. [ ]). civilwar no by the king· a proclamation for publishing a former proclamation of the th of may last (entituled, a proclamation against vitious, debauch england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for publishing a former proclamation of the th of may last ( entituled , a proclamation against vitious , debauch'd and prophane persons ) in all churches and chappels throughout england and wales . charles r. whereas we finde , to our exceeding great joy and comfort , that the proclamation lately published by vs against vitious , debauchd and prophane persons , hath been well received and resented , and in some measure hath had , and will we hope yet more have our wish'd effect amongst our people : and we continuing our ardent desire to prosecute all means which tend to the suppressing of vice , and the advancement of vertue , and also to acknowledge the transcendent goodness of almighty god for the great progress in this short time made towards our full establishment , no less then his wonderful providence in our miraculous restauration to our people , and them to vs , with the advice of the lords and commons in parliament assembled , do by this our proclamation , streightly charge and command , that each minister in his respective parish or chappel , within this our realm of england , dominion of wales , and the town of berwick upon tweed , shall once in every moneth , for the space of six moneths together , next ensuing , read in their respective congregations , the aforesaid proclamation , and incite and stir up their respective auditories to observe the duties therein enjoyned , and avoid the vices therein forbidden . and we do hereby also strictly charge and command , that every of the respective ministers aforesaid , do carefully and effectually observe our will and pleasure herein , as they tender our favour , and would avoid our displeasure . and lastly , we do hereby renew our command , and again require all mayors , sheriffs , and iustices of the peace , to be very vigilant and strict in discovering and punishing of such persons according to law , as shall offend contrary to the said proclamation . given at our court at whitehall , the thirteenth day of august , in the twelfth year of our reign , london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . an ordinance of the lords and commons assembled in parliament, for the apprehending and bringing to condigne punishment, all such lewd persons as shall steale, sell, buy, inveigle, purloyne, convey, or receive any little children and for the strict and diligent search of all ships and other vessels on the river, or at the downes. die veneris, . maii. . proceedings. - - england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament, for the apprehending and bringing to condigne punishment, all such lewd persons as shall steale, sell, buy, inveigle, purloyne, convey, or receive any little children and for the strict and diligent search of all ships and other vessels on the river, or at the downes. die veneris, . maii. . proceedings. - - england and wales. parliament. sheet ([ ] p.) printed for john wright at the signe of the kings-head in the old-baily, london : may . . a variant of the edition with " " in imprint. reproduction of original in the henry e. huntington library. eng england and wales. -- parliament -- early works to . kidnapping -- england -- early works to . abduction -- law and legislation -- england -- early works to . children -- legal status, laws, etc. -- england -- early works to . broadsides -- england a r (wing e ). civilwar no an ordinance of the lords and commons assembled in parliament, for the apprehending and bringing to condigne punishment, all such lewd perso england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion official insignia an ordinance of the lords and commons assembled in parliament , for the apprehending and bringing to condigne punishment , all such lewd persons as shall steale , sell , buy , inveigle , purloyne , convey , or receive any little children . and for the strict and diligent search of all ships and other vessels on the river , or at the downes . die veneris , maii. . whereas the houses of parliament are informed , that divers lewd persons doe goe up and downe the city of london , and elsewhere , and in a most barbarous and wicked manner steale away many little children , it is ordered by the lords and commons in parliament assembled , that all officers and ministers of iustice be hereby streightly charged and required to be very diligent in apprehending all such persons as are faulty in this kind , either in stealing , selling , buying , inveigling , purloyning , conveying , or receiving children so stolne , and to keepe them in safe imprisonment , till they may be brought to severe and exemplary punishment . it is further ordered , that the marshals of the admiralty , and the cinque-ports , doe immediately make strict and diligent search in all ships and vessels upon the river , and at the downes , for all such children , according to such directions as they have or shall receive from the committee of the admiralty , and cinque-ports . it is further ordered , that this ordinance be forthwith published in print , and proclaimed in the usuall manner as other proclamations , in all parts of the city of london , within the lines of communication , and in all parishes within the bils of mortality , presently : and in all churches and chappels by the ministers , within the line of communication , and bils of mortality , on the next lords day : and in all other churches and chappels elsewhere respectively , the next lords day after the recept hereof , that it may appeare to the world , how carefull the parliament is to prevent such mischiefes , and how farre they doe detest a crime of so much villany . mr. spurstow , mr. vassall , and collonell venn , ( members of the house of commons ) are desired to goe to the lord major , and to acquaint him with this order , and to take care that it may be proclaimed presently , and published according to the directions , on the next lords day . die veneris , maii. . ordered by the lords and commons assembled in parliament , that this ordinance shall be forthwith printed and published presently , and read in all parish churches and chappels within the line of communication and bills of mortality , the next lords day : and in all other churches and chappels elsewhere respectively , the next lords day after the receipt hereof . j. brown cler. parliamentorum . london , printed for john wright at the signe of the kings-head in the old-baily , may ▪ . the fourth part of the soveraigne povver of parliaments and kingdomes. wherein the parliaments right and interest in ordering the militia, forts, ships, magazins, and great offices of the realme, is manifested by some fresh records in way of supplement: the two houses imposition of moderate taxes and contributions on the people in cases of extremity, without the kings assent, (when wilfully denyed) for the necessary defence and preservation of the kingdome; and their imprisoning, confining of malignant dangerous persons in times of publicke danger, for the common safety; are vindicated from all calumnies, and proved just. together with an appendix; manifesting by sundry histories and foraine authorities, that in the ancient kingdome of rome; the roman, greeke, german empires; ... the supreame soveraigne power resided not in the emperours, or kings themselves, but in the whole kingdome, senate, parliament, state, people ... / by william prynne, utter-barrester, of lincolnes inne. it is this tenth day of july, ordered ... that this booke .... be printed by michael sparke senior. john white. soveraigne power of parliaments and kingdomes. part prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the fourth part of the soveraigne povver of parliaments and kingdomes. wherein the parliaments right and interest in ordering the militia, forts, ships, magazins, and great offices of the realme, is manifested by some fresh records in way of supplement: the two houses imposition of moderate taxes and contributions on the people in cases of extremity, without the kings assent, (when wilfully denyed) for the necessary defence and preservation of the kingdome; and their imprisoning, confining of malignant dangerous persons in times of publicke danger, for the common safety; are vindicated from all calumnies, and proved just. together with an appendix; manifesting by sundry histories and foraine authorities, that in the ancient kingdome of rome; the roman, greeke, german empires; ... the supreame soveraigne power resided not in the emperours, or kings themselves, but in the whole kingdome, senate, parliament, state, people ... / by william prynne, utter-barrester, of lincolnes inne. it is this tenth day of july, ordered ... that this booke .... be printed by michael sparke senior. john white. soveraigne power of parliaments and kingdomes. part prynne, william, - . england and wales. parliament. house of comomns. [ ], , , - , [ ] p. for michael sparke, senior., printed at london : . part of: the soveraigne power of parliaments and kingdomes. also issued as part of wing p a. the appendix begins new pagination on a r. quire a is in two settings: with the "a" of signature-mark aa under ( ) the "c" of "conduce" or ( ) the "v" of "very". with a final errata leaf. annotation on thomason copy: " aug:". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . representative government and representation -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the fovrth part of the soveraigne power of parliaments and kingdomes . wherein the parliaments right and interest in ordering the militia , forts , ships , magazins , and great offices of the realme , is manifested by some fresh records in way of supplement : the two houses imposition of moderate taxes and contributions on the people in cases of extremity , without the kings assent , ( when wilfully denyed ) for the necessary defence and preservation of the kingdome ; and their imprisoning , confining of malignant dangerous persons in times of publicke danger , for the common sa●ety ; are vindicated from all calumnies , and proved just . together with an appendix ; manifesting by sundry histories and foraine authorities , that in the ancient kingdome of rome ; the roman , greeke , german empires ; the old , the present graecian , indian , aegyptian , french , spanish , gothish , italian , hungarian , polonian , behemian , danish , swedish , scottish , with other foraine kingdomes ; yea in the kingdomes of judah , israel , and other gentile royalties , mentioned in scripture ; the supreame soveraigne power resided not in the emperours , or kings themselves , but in the whole kingdome , senate , parliament , state , people , who had not onely authority to restraine , resist , yea call their emperours , and kings to an account , but likewise , when they saw just cause , to censure , suspend , deprive them for their tyranny , vices , mis-government ; and sometimes capitally to proceed against them . with a briefe answer to the contrary objections ; and tenne materiall observations , confirming all the premises . by william prynne , utter-barrester , of lincolnes inne . olaus magnus l. . c. . de iniquis consiliariis , &c. . iniqui consiliarii aiunt , regem nihil injuste facere posse , quippe omnia omniunt ejus esse , ac homines etiam ipsos-tantum vero cuique esse proprium , quantum regis benignitas ei non ademerit , &c. vtcunque sit , multi principes , his & similibus consiliis & consiliariis , facti sunt enules , miseri , infames , & inhabiles in se & posteritate sua , amplius gubernandi . principis itaque officium est , ut non secus curet subditos , quam fidelis pastor oves , ut dirigat , foveat , conservet . it is this tenth day of july , ordered by the committee of the house of commons concerning printing , that this booke intituled the fourth part of the soveraign power of parliaments and kingdoms , &c. be printed by michael sparke senior . john white . printed at london for michael sparke senior . . to the reader . courteous reader , i here present thee with the last part , of the soveraigne power of parliaments and kingdomes , and an appendix in pursuance of it ; abundantly manifesting , from the very fundamentall constitutions , lawes , customes , resolutions , remonstrances , oathes , inaugurations , elections , ceremonies , histories , publique transactions , treaties , agreements , wars , of forain empires , emperors , realmes , kings , states , senates , diets , parliaments , in all ages , and the most judicious foraine authours of all sorts ; that whole kingdomes , parliaments , senates , states , nations , collectively considered , have ever constantly enjoyed , in all ages , nations , the most soveraigne jurisdiction , and authority , and beene paramount their kings and emperours , who were and are subordinate , accountable for their actions to them ; and copiously refuting the fond erroneous fancies of all illiterate flattering court-doctors , theologasters , lawyers , statists , who , without any shadow of truth or reason , audaciously averre the contrary , not so much to flatter or seduce their princes , as to advance themselves ; against whom the contrary constant practice and resolutions of most lawfull kingdomes , that either are or have beene in the world from adams dayes till now , shall unanimously rise in judgement , and passe a most catholike irreversible sentence on them , for their notorious flatteries and impostures . for mine owne particular , as i have alwayes beene , and ever shall be an honourer , a defender of kings and monarchy ( the best of government , whiles it keepes within the bounds which law and conscience have prescribed ; ) so , i shall never degenerate so farre beneath the duty of a man , a lawyer , a scholar , a christian , as to mis-informe , or flatter either ; nor yet ( out of any popular vain-glory ) court either parliaments or people , to the prejudice of kings just royalties ; but carry such an equall hand betweene them , as shall doe right to both , injury to neither ; and preserve , support their just , legall severall soveraignties , jurisdictions , rights , within their proper limits , without tyrannicall invasions , or seditious encroachments , upon one another , to their mutuall and the republickes prejudice . it fares with regall and popular powers , usually , as with seas and mighty rivers , if they violently breake downe , or swellingly overflow their fixed bankes , they presently cause an inundation , and in stead of watering , surround , and drowne the countries round about them , for a season , ( sometimes for sundry yeares ) ere they can be perfectly drained , and their bankers repaired , to confine them to their ancient proper channels , ; of which we have present sad experience , written in capitall red bloody letters , throughout the realme . to redresse ▪ prevent which overflowing mischiefe for the future , i have without feare or flattery of any humane power , or party whatsoever , by publicke authority divulged this last , and the three preceding parts of this discourse : together with the appendix , ( all hastily collected , and more confusedly compacted through want of time , and sundry interrupting avocations , then i desired ) wherein i have impartially , according to my judgement , conscience , defended nought , but ancient , undoubted , universall truthes of reall state-policy , and true theologie , ( almost forgotten in the world , yea cryed , preached , printed down for erronious , seditious paradoxes , if not treasons , by sycophants and malignants in these later ages ; ) out of a cordiall affection as much as in me lyeth , to restore and settle the weale , tranquillity , and safety of my bleeding , dying country , now miserably distracted , wasted , consumed every where : ( through the long fore●plotted conspiracies of romish priests and jesuites , to subvert the protestant religion and our realmes ) upon a pretended quarrell unhappily raised by them , betweene the two much mistaken grand soveraigne jurisdictions , of king and parliament , crowne and kingdome , now miserably clashing one against the other , through ignorance and mistakes , and trying their titles in the open field by battaile , in stead of law ; by the sword of the souldier , not of the spirit , the onely proper peaceable judges in these quarrels , by which alone they can and must be finally resolved , settled ; else neither king nor kingdome , can be ever quiet , or secure from dangers , and commotions . i dare not presume to arrogate to my selfe , a spirit of in-errability in the grand controversies here debated , wherein i have travelled in no beaten common road ; no doubt * generall , nationall councells , parliaments , popes , kings , counsellors , statesmen , lawyers , divines , all sorts of men , both may , and usually doe erre from truth , ( especially in questions which concerne their owne jurisdictions , honours , profits ; ) and so may i. but this i darewith safe conscience protest to all the world , that i have not willingly erred in any particular ; and if i have casually failed in any thing , out of humane frailty , i shall ( upon better information ) acknowledge and retract it . in the meane time , i trust , i have here sufficiently discovered , refuted , many common impostures and erroneous grosse mistakes in law , policy , divinity , antiquity ; which have in later ages beene generally received as indubitable verities , by most men ; yea professedly defended by sundry injudicious lawyers , and ignorant divines ( though perchance reputed learned , solid in their own , and others opinions ) who never tooke the paines to dive into the true originall fundamentall creations , institutions , publicke lawes , reasons , policies , jurisdictions , compositions , rights , customes , histories of kings , kingdomes , parliaments , states , magistrates , people ; the ignorance whereof , hath made them confidently vent many grand absurdities , and untruthes , to the prejudice , imbroyling , and almost utter ruine of divers kings and states ; which now , i hope , they will ingenuously acknowledge and recant with reall griefe and shame , that they have so grossely cheated , seduced kings , kingdomes , people , and oft times stirred up civill warres , to maintaine their idle lies , crazy fictions , as just royall rights , and indubitable prerogatives , when as they are nothing lesse . i shall not begge any mans beliefe , of any truth here newly discovered , further than his own judgement & conscience , upon serious consideration , shall convince him of it ; and himselfe discerne it fully ratified by substantial precedents and authorities in the body and close of the treatise & appendix : only this i shall request of every reader , to peruse over all the parts of this discourse with a cordiall love of truth and peace ; and when he is convinced what is truth , then to live and dye in pauls resolution , cor. . . we can doe nothing against the truth , but for the truth . it was our saviours owne reply to pilate , john . . for this end was i borne , and for this cause came i into the world , that i should beare witnesse unto the truth ; o then let it now be every ones end , and practice too ; since it is the * truth ( and nothing else ) that shall make ( and keepe ) us free : free , from errors , troubles , tumults , warres ; slavery , tyranny , treachery , popery , dangers , feares : wherefore , * love the truth and peace , and then through gods mercy we shall speedily regaine , retaine them both . farewell . the fourth part of the soveraign power of parliaments and kingdomes . the parliaments interest in the militia , forts , navy , & officers of the kingdom . in the preceding parts of this discourse , i have with as much perspicuity and sincerity as i could , waded through those deepe and weighty differences of greatest importance , which have lately ( to our great unhappinesse ) i know not by what * evill spirits solicitation , unexpectedly risen up by insensible degrees , betweene the kings majestie , and the present parliament ; ( whose primitive sweet agreement , made us not so happy , as their subsequent divisions in place , affection , opinion , have rendred the whole three kingdomes miserable , ) in point of royall prerogatives onely , which i have dispatched : i should now proceed to other controversies betweene them , principally concerning the subjects liberties ; but before i passe to those particulars ; i shall present you with some few records of speciall note ( casually omitted in their proper place , through over-much haste , and want of time ) which will very much cleare the parliaments just right , and ancient jurisdiction in ordering the militia of the realme , by sea and land ; in disposing the ships , the forts of the realme for the publicke safety in times of danger ; in concluding matters of warre and peace ; in placing and displacing the great officers , the privy counsellors of the kingdome ; yea regulating the kings owne houshold , and meniall servants oft times ; when there was occasion ; which may serve as a supplement to the second part . it it the determination of henricus rauzovius , a noble dane , a great statesman and souldier in his commentarius bellicus , dedicated to christierne the fourth , king of denmarke , anno . lib. . c. . that all kings and princes in most republickes , rightly and lawfully constituted , are obliged by their paction entred into before their inauguration , a not to begin or move any warre without the consent of all the estates and nobles . thus in my hearing , philip king of spaine , when he demanded and tooke an oath from his subjects in the netherlands , promised by a mutuall oath to the estates , that he would make no warrs in those parts without their privity . the same also ( most noble king ) is received and observed not only in your kingdomes and dominions , but likewise is in use almost in all europe . therefore frederick your father of most famous memory , knowing himselfe to be bound hereunto by compact , before he would be involved in the swedish warre , communicating the whole businesse faithfully to his people , as well to the senators of the realme , as to the nobles of the dukedomes , maturely advised with them about the manner of waging it . wherefore , lest the warre which is undertaken bee accused as unjust by the states , because it was undertaken without their advice , contrary to custome and agreements , all ought to be assumed into the counsell and care of warre . for thus it will come to passe , besides , that things very well thought on and deliberated by many , have for the most part better successes , than those things which are rashly begun by some one ; that the subjects , who not unwillingly bring their estates and lives into danger , will lesse feare the losse of both , will fight more valiantly , and will put forth all thier strength in prosecuting and ending the combate of warre , even for this reason , that themselves have beene the advisers of the warre . upon this reason , not onely the kings of the jewes , arragon , france , navarre , and others , ( as i have manifested in the b appendix ) but even of this our realme , have usually undertaken all their warres , and ordered all their military affaires , both by sea and land , by the advice and direction of their parliaments , as the grand councell of warre , both for king and kingdome . this i have plentifully manifested in * the premises , by sundry examples , and shall here onely briefly ratifie with some few new precedents . in the first parliament of ed. . after proclamation made , num. . that none should come armed with weapons to the parliament , num. . the causes of summoning the parliament were shewed to the lords and commons , to have their counsell and advice therein , what was best to be done ; and expressed to be three . first , that every one , great and small , should consider , in what manner the peace might most surely be preserved within the realme . secondly , how the marches of scotland , and the northerne parts might be best defended and kept against the enemies of scotland . thirdly , how the sea should be guarded against the enemies , that they should doe no dammage , nor enter the realme for to destroy it . after this . num. . the bishops and letters from the king then in france , relate to the houses the estate of the kings army , warres , and proceedings in france , and the great debts the king stood ingaged in for the maintenance of his army ; for discharge whereof and the kings further reliefe in the easiest way , to support his warres , the lords condescended to grant the ninth sheafe of all their corne , and the ninth fleece and lambe of all their flockes to the king , for the two next yeares , so as the custome of mal-tolt , newly imposed on wools , should be released , and this grant not drawne hereafter into custome , as a precedent to their prejudice . who acquainting the commons therewith , they after deliberation ; as to the kings supply ; returned this answer . num. , . that they thought it meet the king should be supplyed , and were ready to ayde him , as they had alwayes formerly beene , but yet as the ayde was granted in this case , they durst not assent to it , untill they had consulted and advised with the commons in the country ; for which end they craved time to goe into their counties , and that writs might issue to summon another parliament on the octaves of saint hillary , of the richest knights in every shire at a short day to come , ( which , was c condescended to . ) after which , num. , , . they gave this answer in writing concerning the three articles propounded to them : first , as to the keeping of the peace of the realme , that the justices of the peace had sufficient power already to that purpose ; onely they adde , that disturbers of the peace should not be let out of prison , but upon sufficient bayle , and that no charters of pardon should be granted to felons , but by common consent in parliament , and all other pardons held as voyd . to the second they answered , that the king before his going beyond the seas had taken so good order , and appointed such sufficient guardians to defend the marches of scotland , who were best able to guard those parts , that the enforcement of them by the kings councell would be sufficient , without any charge to the commons ; only , they ordered , that every man who had lands in the marches of scotland , of what condition soever they were , should reside upon them to defend them ( as it had beene formerly ordained ) without charge to the commons . to the third , concerning the guard of the seas : the commons prayed that they might not be charged to give counsell in things of which they had no conisance ( or charge ; ) and that they were advised , that the barons of the ports which at all times have honours before all the commons of the land , and are so enfranchized to d guard the sea betweene us and strangers , ( if so be it fals out , that they will enter and assaile our land ) that they contribute to no aydes nor charges on the said land , but receive profits without number arising by the sea , for the guard aforesaid . wherefore the commons are advised , that they ought to maintaine a guard upon the sea , as the e commons do upon the land , without taking or demanding wages . likewise , there are other great townes and havens which have a navy , that are in the same case , and are bound to guard the sea. and as for the safeguard of the watch-houses upon the sea by land ; let the guard of them be made by the advice of the knights of the shire , where the said guardians are assigned , in the safest manner that may be , without charge of the commons : and that the people of the land , of what condition soever , which have lands on the coast , shall keepe residence upon those lands , the better to repulse the enemies from the land , so that for their abiding there , they shall be discharged to give any aide toward the same guard elsewhere . num. . the commons frame and demand a generall pardon , upon grant whereof they promise to aide the king with monies . num. . they make an ordinance for increase of monies in the realme . num. . because the ships of england went not out together in fleetes , to trade , but severally , out of desire of gaine and covetousnesse , and so many of them were taken by the enemies of the king , and the men slaine and murthered , to the dishonour of the king and the whole realme ; it was agreed , and assented in full parliament , that all the navy should stay and be arrested , till further order were given to the contrary . num. . it was accorded and assented in parliament , that the bishops and lords in the parliament , should send letters to the archbishop of yorke , and the clergy of his province , under their seales , to excite them to grant a convenient ayd for the guard of the marches of scotland , for the defence of the church , the realme , and themselves , as the clergy of the province of canterbury had done . num. . it is accorded , that master robert de scardeburgh shall be put into the commission which shall be sent into the country of yorke , to survey the array of the people , which shall be chosen for the defence of the realme , in lieu of sir thomas de blaston . that sir richard chastell shall be put in the commission to survey the array in the counties of notingham and denby , and john feriby in the county of lancaster . num. . it is assented that the people of holdernes shall be arrayed , taxed , and make ayde for the guarding of the marches of scotland , and other businesses of the king in those parts , notwithstanding the commission made to them to guard the sea , num. . the lords who have lands towards the marches of scotland , are commanded and prayed by writs and letters to repaire thither for defence thereof , namely the lords of ros , wake , mowbray , clifford , and master william daubeny steward of the earle of richmond , and that those who could not in this case goe in proper person , should send their people to the lords in the marches . in the second parliament held this yeare , by appointment of the first ( octabis hilarii , . ed. . num. . . edward duke of cornwall , guardian of england ( in the kings absence ) being hindered by other businesses to be present in this parliament , by letters patents under the kings great seale , appointed the archbishop of canterbury , and others to supply his place , and hold the parliament . num. , , , . the commons for the defence of the realme , sea , and marches of scotland , granted the king thirty thousand sackes of wooll , and the earles and barons , the ninth sheafe , fleece and lambe , within their demesne lands ; and agreed to raise a great summe of money presently , to set out a fleet of ships to sea , fraught with men of armes , and archers for defence of the realme . num. . all the merchants of england , were summoned by writ to appeare at westminster in proper person , to conferre upon great businesses concerning the kings honour , the salvation of the realme , and of themselves . num. . the mariners of the cinque-ports upon their departure promised to make their ships ready by mid-lent ; and were to receive a summe of money to helpe defray their charges herein ; and the men of the cinque-ports , promised to defray the moity of the costs ; and the kings counsell the other moity , but not in name of wages , but out of speciall grace ; and the f cinque-ports were to finde ships of their owne , and nine ships of the river of thames . num. . the mariners towards the west promised to finde . ships of an hundred tunne and upwards , and to make them ready by the same day ; and to defray the charges of them as farre as was requisite ; and for the residue , the kings counsell were to send them a summe of money for their aide , but not as wages , but of speciall grace ; and a clerke was ordained to survey the charges of the mariners of the west ; and of the cinque-ports . num. . all the ships of portsmouth , and the west , were to meet at dartmouth at the day assigned ; and the earle of arundell was assigned their admirall ; and the ships of the cinque-ports and the river of thames , were to meete , & assemble at winchelse , and the earle of huntindon , appointed their admirall ; and that all these ships should be ready by the middle of lent , num. . the admiralls of all parts were commanded to arrest all other ships , that might passe the seas , for feare of being surprised by the enemies , & that . men should man those to whom the smaller ships belonged , to bring them in to such havens where they might be safest from the enemies . num. . writs were directed to all sheriffes of england to make proclamation , that all those who had charters of pardon , should repaire towards the sea , in the service of the king , and at his wages by the middle of lent , upon paine of losing their charters , and being put to answer the things contained in them , in case they should not goe . num. . it was accorded and assented in parliament , that master richard talbot ordained to guard the towne of southampton , which he had undertaken to doe , should have a company of men at armes , and archers at the kings wages , which he might increase if there were cause ; that he and they should have their wages paid them monethly , from the second sunday in lent , and so forwards whiles they continued in that services , & that he should receive . pounds in money , and . markes in wooll , in respect of his said service , and to defray his ancient debts . and he had power given him to assesse and levy monies upon the said town , towards its defence ; and if the towne were not able to defray all the charge , the king should ayde them for the residue . num. . the bishop of winchester , the prior of st. swithin of winchester , and the abbot of winchester , were commanded to have the people of their manners next the towne of southhampton well armed and arrayed , that they might be ready to their power to defend the said town , upon summons of the guardians thereof , that no perill might happen thereunto , num. . that two pinaces , one of melbroke , and the other belonging to roger normand , should be assigned to remaine in the port of southampton , at the appointment of the said mr. richard , for the safety thereof . num. . all the burgesses and sea-men of the town which had departed thence , were ordered to goe and abide therein for the defence thereof , and of their owne possessions ; and in case they refused , that their lands and possessions should be seized into the kings hands , and the profits of their lands which should be found elsewhere . num. . that a commission should be made to stephen butterly , and william weston , serjeants at armes , to take timber , bords , and other things necessary for the safety of the said towne at certaine prises , upon endenture made between them and the owners of the said goods ; and that the king should pay , or give them other satisfaction . num. . . that all the armes , engines , ammunition , iron and lead in the said towne , should be delivered to the gardian of it by indenture ; who should have the same power in all things within that towne , as the earle of warwicke had , when he was governour . num. . that the sheriffe should have a writ of attendance , to be attendant on the said mr. richard , with victuals , and all other things necessary for the safegard of the said towne . num. . . . certaine merchants are appointed and take upon them to the parliament , to buy great proportions of corne , peas , oates , hay , and other provisions , ( the quantities whereof are particularly expressed ) at certaine rates , to victuall barwicke , the castles of edenburg , and strivelyn , ( which castles mr. thomas rokeby , guardian thereof , promised to keep till saint iohns day then next to come , upon condition to receive his wages formerly due , out of the first moneys granted to the king in this parliament , ) by a certaine day ; provided they shall carry no victuals to the enemies of the king and realme , and that they should be payd out of the first moneys arising out of the ayde granted to the king. num. . . the inhabitants of the isle of wight were respited of the ayd granted to the king , according as their good carriage should be during the war ; and it was agreed in parliament , that no commandement nor ordnance , or license granted under the great or privy seale , to any of the said inhabitants bound to defend the said isle , should licence any to absent himself from it during the war , unlesse it were for feare of disinheriting or other great necessity , with which the councell should be acquainted , or upon in quests . num. . . provides , that the castle of careshroc in the i le of weight should be furnished with a certaine proportion of wine corn , peas , oats , hey , coles , iron , salt ; and that a commission should be granted to robert vandalym sheriffe of southampton , and to william of kekenwich joyntly and severally , to purvey and deliver the same provisions over by indenture , to the constable of that castle ; and a writ directed to the kings botteller , to deliver the wines assigned ( to wit ten tonne ) out of the wines then in , or which should first come into his hands . num. . mr. thomas ferrers undertakes to the parliament , to send without delay a sufficient man to the castle of iernsey , to survey the defaults and state of the said castle , to certifie the councell fully of them ; and in the meane time to finde the wayes of those remaining there in garrison , to the summe of an hundred pounds ; and a writ is directed to the sheriffe of southampton , to furnish the said thomas with a convenient quantity of powder , and iron , and other necessaries for the defence of that castle . and because thomas peyne , one of the jurates of that isle was gone to the enemies , contrary to a defence made , that a writ should issue to the bayliffs and jurates of the same isle to choose another sufficient man in his place , and to seize his lands , goods , and chattels into the kings hands , and answer the mees●e profits of them . num. . dorso . there is an exact array or list of all the captaines and men at armes , and archers under their severall commands for defence of the borders of scotland , amounting in all to . num. . those of the counties of nottingham , derby , yorke , were to goe to newcastle upon tine , at the countries charges , and then to receive the kings wages : and those of westmerland , cumberland and lancashire , to marth to carlile at the counties charges , and then to receive the kings wages ; and that the commanders , great men , and all the host when they assembled should lie and travell in the land of scotland , and not in the marches of england . num. . . a fit and trusty clerke is appointed to pay the souldiers wages by the advise and survey of the lords percy and nevill , and merchants are ordered to returne moneys for the exploit , and to furnish the king of scotland with moneys sufficient to maintaine twenty men at armes . num. . because mr. richard talbot had discharged himselfe of the government of barwicke , the lords in parliament earnestly intreated sir walter creake to take upon him the custody of barwicke , and to certifie the lords within a short time , how many men at armes and archers would suffice to guard it , and whether he would accept of the charge or not ; and if not , they would provide another . num. . a commission is granted to master thomas wake and others to muster the horse and foot arrayed for this expedition in yorkeshire and the other counties , and to conduct them towards newcastle . num. . it is accorded and assented , that writs shall be made to the arrayers of the men of armes , hoblers , and archers , in the county of oxford , for the guarding of the sea , for the prior and canons of burnacester , to surcease their demand which they made to the said prior and canons to finde a man at armes and two archers to make such a guard at portsmouth ; and also for the payment of certaine moneys for this cause , untill they have other command from the king ; by reason that the prelates and other great men in the parliament are informed , that all the possessions of their house will hardly suffice for their sustenance , and that they cannot finde such charge without very great oppression of them and their house . loe here in these two parliaments ( the rols whereof i have recited more largely , because rare and memorable ) all businesses concerning the warres , militia and array both by land and sea , were particularly consulted of , ordered , and determined in and by the parliament onely ; in a farre more ample manner then this present parliament at first petitioned , desired they should have been ordered and setled now . in the parliament rolls e. . num. . certaine men are appointed to guard the islands and sea-coasts against the enemies . num. . the lord mowbray is appointed keeper of the town of barwicke . num. . . . &c. commissions of array in severall counties are made by parliament to the earle of angoyes and others , for defence of the kingdome . in the parliament of e. . num. . a commission is granted in parliament to the lord percy and others , to appoint able persons for defence of the marches of the east-riding . in the parliament roll of r. . num. . because that the lands of gascoigne , ireland , the seigniory of artoyes , and the marches of scotland are in perill to be lost through default of good officers , the commons petition , that it would please the lords to ordaine good and sufficient ministers , which may be sent to governe in the same lands in the most hasty manner that may be , by reason of the great need that requires it . and that all the chiefe guardians of the ports and castles upon the sea , as dover , bannburgh , carlile , and other marches , may be put in the forme aforesaid : and that these guardians of the castles and keyes of the realme may be sufficient men , who may forfeit their inheritance if any mischiefe shall happen by reason of them , which god forbid . and that in all other , sufficient persons of your leiges be placed who may forfeit in the same manner for the salvation of the realme . to which the king answers . the king willeth it , and will doe that which shall belong to him by the advise of the lords of his continuall councell . in r. . rot. parliament . num. . the admiralty is disposed of by the parliament : and num. . a schedule of orders for the defence of the north sea , is confirmed by the parliament . in the parliament of & h. . num. . the parliament gave power to the merchants to name two meet persons to be admirals , to guard the seas . in the parliament rolls of r. . pars . num. . the commons supplicate , how the enemies of france , with great armies , and many vessels of warre have been continually , and yet are in the northerne parts , and namely about the coasts of scarburrough , which towne is dangerously seated upon the sea , open to the assaults of the said enemies , and that the people of the said towne had within two yeeres last past paid above one thousand pound ransome to the said enemies , and yet were destroyed and carried prisoners into boloigne and other places , where they were yet kept prisoners , and that the towne was upon the point to be burned and destroyed , and all the coast about it in short time , if hasty remedy were not provided . that therefore it would please the king and his most sage councell , considering the great dammages and perils the said towne and coasts about it had sustained , and were yet apparently like to sustaine , to ordaine and assigne certaine vessels of warre upon the said coasts , to guard them against the malice and power of the said enemies ; and that during the warres , for saving of the said towne , and the kings castle there situate , and all the country about it . the answer is : this matter is in part touched by the merchants of the said coast which are at this parliament , and by their advise and others who are to passe their merchandize in these marches by sea , remedy hath beene ordained in such sort as the earle of northumberland and the major of london , who were assigned in parliament to treat of this businesse know more fully to declare . in the parliament of r. . pars . num. . the bishop of norwich offered before the king and lords , that if the king would grant him the quindisme and disme of the laity and clergy ; and the pound and shillings on the tonne of wine , lately granted to the king for the safeguard of the sea ; that he would within daies after the receipt of the last payment , transport into france archers well armed and mounted for the ayd of gaunt ; and would defray all the charges of shipping them : and that if he might have the attendance of the west-admirall , he would finde on the sea for the safeguard of it , betweene this and michaelmas next , ten great ships , and ten barges armed ; in which besides marriners necessary , he would finde at least fighting men for the said terme . in the parliament of r. . num. . it is to be remembred , that the commons said in full parliament , that if a treaty of peace or truce should be entertained betweene their lord the king and his adversary of france , that they thought it expedient and necessary , if it should please the king , that mounseur de guyen , because he is the most sufficient person of the realme , shall goe to the same treaty . and the king said , that he liked it well , if it pleased the said lord de guyen : and thereupon mounseur de guyen said , that he would with a very good will travell and doe any thing which might turne to the honour and profit of the king and of his realme . in the parliament of the h. . num. . the kings grant of the custody of the town and castle of calice , the towne of risbanke , the castles of hamures , marke , oye , stangate , bavelingham , and of the castle and dominion of guynes in picardy , to be made to humfrey duke of glocester his unkle , in the presence of the lords spirituall and temporall then being in the present parliament , was on the day of october read before them : which being understood , and mature deliberation taken thereupon , the severall reasons of the said lord being heard , it was at last by their assent and consent agreed and ordered , that the said duke should have the custody of the said towne , castles , and premises , to the end of nine yeeres then next ensuing , which charter was subscribed by all the lords there present . in the parliament of h. . num. . pro custodia maris , it was enacted : for as much as the king , considering that as well divers his clergy men of this his realm inhabiting nigh the coast of the sea , and others his subjects using the trade of merchandises , have been oftentimes grievously imprisoned , distressed , put to great sufferances and ransomes ; and their ships , vessels , and merchandises of great value taken upon the sea by his enemies ; and also merchant strangers , being under his leageance , amity , safegard , or safe conduct upon the sea , have been robbed and spoyled , against the forme and contents of such truces , and safe conducts signed ; his highnesse willing and intending sufficiently to provide for the remedy of such inconveniences , and to eschew and avoyd all such robberies and dispoylers , hath by the advice and assent of the lords spirituall and temporall in his high court of parliament assembled , desired certaine great lords of this realme , that is to say , richard earle of salisbury , john earle of shrewsbury , john earle of worcester , james earle of wiltshire , and iohn lord sturton with great navies of ships and people defensible in great number purveyed of abiliments of warre , to intend with all diligence to their possibility the safeguard and keeping of the sea. for which cause the subsidies of tonnage and poundage granted to the king for his naturall life this parliament , that they might be applied to such uses and intent as they be granted the king by the advice and assent of the lords spirituall and temporall , and commons in this parliament assembled , and by authority of the same , were granted to the said earles and lord sturton , and the survivers of them for three whole yeeres ; with power for them to appoint collectors to receive and collect them in every port , without rendering any account ; so as they kept the covenants and endentures made between the king and them for the safegard of the seas ; with a proviso , that this act during the three yeeres should not be prejudiciall to the custome of the towne or castle of calice or rishbanke , for the payment of the wages and arreares of the souldiers there . and over that , if the goods of any of the kings liege-people , or any of his friends , be found in any vessell of the kings enemies without any safe conduct , that then the said earles and the lord sturton shall take and depart it among them and their retinue without any impeachment , according to the statute thereupon made . in the parliament of h. . num. . the said lords were discharged of the custody of the sea by the parliament , in these words : for as much as the earles of salisbury shrewsbury , and worcester , and the lord sturton besought the kings highnesse in this present parliament , that it might like his highnes and excellency of his noble grace to have them clearely discharged of the keeping of the sea ; the king therefore and for other causes moving his highnesse , by the advice of the lords spirituall and temporall in the said parliament assembled the day of iuly , the day of the same parliament , admitted their desire , and would that the said earles and lord sturton , or any other that had the keeping of the sea by an act made in the last parliament begun and holden at redding , and ended at westminster , be from the day of july fully discharged of the keeping of the same , and that it should be enacted of record . in the parliament of h. . num. . the king by the advice of the lords spirituall and temporall , and commons in this parliament assembled , and by authority thereof , ordained and established , that his dearest cosin richard duke of yorke rightfull heire to the countries of england and france , and of the lordship and land of ireland , have and take upon him the power and labour to ride into the parts of england , and wales , where great rebellions , murders , riots , spoylings , executions , and oppressions be used , committed and attempted , to represse , subdue , and appease them . and also to resist the enemies of france and scotland within the realme . and further granted , ordained , and established by the said advice and authority , that every sheriffe , with the power and might of his sheriwicke , and every major , bailiffe , officer , minister , and subject of the said realme of england and of wales , shall attend upon his said cousin for the said intent , as the case shall require ; and to the same intent be ready at the command of his said cousin ; and the same obey and performe , in like case as they ought to doe at his commandement after the course of the lawes of england , and in wales after the customes there &c. and to cite no more presidents in so cleare a case : in the parliament of iacobi ch . . the temporalty having granted three intire subsidies , and three fifteenes and tenths , to king james , towards the maintenance of the warres that might then suddenly insue upon the breach with spaine , and more particularly for the defence of the realme of england , the securing of ireland , the assurance of the states of the united provinces , with the kings friends and allies ; and for the setting forth of the navy-royall : did by that act , for the better disbursing of the said ayd and mannaging that warre according to the parliaments true intention , by that very act wherein they gave the subsidies , did especially appoint eight aldermen and other persons of london treasurers to receive and issue the said moneys ; and appointed ten lords and knights ( particularly named in the act ) to be of the kings councell for the warre ; by whose warrant ( under five of their hands at least ) all the moneys they granted were to be issued and exported , for and towards the uses expressed in the act to such person or persons as the said councell of warre should direct : and that both those treasurers , and this councell of warre , and all other persons trusted with the receiving , issuing , bestowing and imploying of those moneys or any part thereof , their heires , executors and administrators , should be answerable and accomptable for their doings and proceedings therein to the commons in parliament , when they shall be thereunto required by warrant under the hand of the speaker of the house of commons for the time being ; and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings , doings and proceeding therein ; and that the said commons in parliament shall have power by this act , to heare and determine the said account , and all things thereto appertaining ; and withall they in this act prescribe a speciall oath to the treasurers , not to issue out any moneys without the warrant of the councell of war under their hands . and another oath to the councell of warre , to make no warrant for any moneys issued , which are given by this act but for some of those ends which are expressed therein , and that to the best of their meanes they should imploy the said moneys accordingly ; and that freely without requiring any reward or allowance whatsoever . which presidents with others forementioned , made his majesty return this * answer to the petition of the lords and commons touching the articles delivered february . . for the securing you from all dangers or jealousies of any ; his majesty will be content to put in all the places both of forts and militia , in the severall counties , such persons as both houses of parliament shall either approve or recommend unto him ; so that you declare before unto his majesty the names of the persons whom you approve or recommend ; unlesse such persons shall be named against whom he shall have just and unquestionable exception . and thus much by way of supplement touching the militia . concerning the parliaments interest and right in electing and removing the officers of the realme , and the kings meniall servants , i shall onely adde these precedents to the * forementioned . in the parliament rolls e. . num. . foure bishops , foure earles , and foure barons were assigned to the king , without whose consent , or of foure of them , no great businesse was to be transacted . e. . num. . in the parliament rolls , the parliament agreeth , that the duke of cornwall be custos of england during the kings absence in the warres of france . in the parliament rolls of r. . num. . & . the commons requested first , that it would please the king to ordaine , and nominate to them now in this present parliament , some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the king and of the realme , and to have the officers of the king of such persons who best knew , and would and might most diligently travell for the redresse of the foresaid mischiefes , and the good government and salvation of the realme , so that the commons may be clearely ascertained of the names of those counsellors which shall be disbursers and orders of that which they shall grant for the warres , and thereby to have greater encouragement to doe to our lord the king that which they have in charge concerning him , as if aforesaid . also that it would please them to ordaine and nominate in this parliament the persons which shall be about ( or have the custody ) of the person of our lord the king himselfe , who is of such tender age , and that those persons shall be of the most vertuous , honestest , and sufficientest of the realm ; so that our said lord , who is a person sacred and anointed , be nobly governed , and brought up in good vertues and manners to the pleasure of god , whereby all the realme may be secured and amended ; and that it be likewise ordained , that our lord the king and his house be governed with good moderation , and defray his expences onely out of the revenues of the realme , and other rights and seigniories of his crowne . and that all that which shall be granted to our lord the king in maintenance of his wars , shall be applied and expended in the warres , and no part thereof otherwise , in aid and discharge of his said commonaltie . in the parliament of . richard . num. . the commons pray , that no person , of what state or condition he be , should meddle with any manner of governance about the person of our lord the king , nor with the businesses of the realm , nor yet to councell our lord the king , but those lords which are assigned and ordained in this present parliament , if it be not by ordinance of the continuall councell , and by assent of our lord the king , upon grievous paine . and the same lords , which shall bee about the person of our lord the king and of his councell , shall cause to remove all the persons which they think fit to remove in the houshold of our lord the king , without shewing favour to any , and to put others in their places , whom they shall think sufficient and vertuous . and that the said lords of the councell be charged to keep and sustain the estate of our lord the king in ' its regalty , and to doe and use that which may turne to the honour and profit of our lord the king and of his realme to their power , according to the form of the oath contained in a schedule made in this present parliament annexed hereunto ; to the intent that it may be notoriously known thorowout all the realme , that good and sufficient councell is about the person of our lord the king , to the comfort of all his commons , and firme assurance and establishment of the realme aforesaid ; the which oath was made in forme ensuing . you shall swear , that you will not assent , nor yet suffer , as much as in you lieth , that any judgement , statute , or ordinance made or given in this present parliament be any way annulled , reversed , or repealed in any time to come ; and moreover , that you shall keep the good laws and usages of the realme afore these times made and used ; and shall firmely keep , and cause to be kept , good peace , quiet , and tranquillity in the realme according to your power , without disturbing them in any manner . so helpe me god and his saints . the answer . as to the first point of this article , the king wils it : and as to the second point , if there be any lord of the councell , or other lord of the realme , which will informe the king , that he hath any person about him not sufficient , nor honest , he wils , that it being proved , he shall be outed and removed , and another sufficient , by his advice , put in his place . in the parliament of . henry . num. . upon certain prayers and requests made before by the commons , divers times touching the removing of divers persons , as well aliens and others , by reason of divers destructions by them moved , and for certaine articles appointed by the lords upon the charges given to them by our lord the king in parliament , and by the said lords it was specially accorded , that four persons , to wit , the kings confessor , the abbot of d●ne , master richard derham , and crosseby of the chamber , shall be quite ousted and voided out of the kings house ; whereupon the ninth of february , the said confessor , master richard , and crosseby came before the king and lords in parliament , and there the king in excusing the said four persons said openly , that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold ; notwithstanding our said lord the king well considered , that what the said lords and commons shhall do or ordaine , was for the good of him and of his realme , and therefore he would conforme himselfe to their intentions , and did well agree to the said ordinance , which charged the said confessor , master richard , and crosseby to avoid his said court , and like charge should have beene given to the said abbot , had he been present . and our lord the king said further , that he would doe the like with any other which was about his royall person , if he was in hatred or indignation with his people . and numb . . to the end that good and just government and remedy may bee made of divers complaints , grievances , and mischiefs shewed to our lord the king in this parliament ; our lord the king , to the honour of god , and upon the great instances and requests to him divers times made in this parliament by the commons of his realm , for the ease and comfort of all his realme , hath ordained certain lords and others underwritten to be of his great and continuall councell , to wit , the archbishop of canterbury , the bishop of lincolne chancellour of england , the bishops of rochester , winchester , bath , and bangor , the duke of yorke , the earles of som merset and westmerland , the lord roos treasurer of england , the keeper of the great seale , the lord berkley , the lord willoughby , the lord furnevall , the lord lovell , mounsier pierce courtney , master hugh waterton , master iohn cheyne , master arnald savage , iohn northbury , iohn doreward , iohn cawson . in the parliament of . & . henry . numb . . the . day of may , the commons came before the king and his lords in parliament , and then iohn tibetot , their speaker , reheased , how they had prayed the king in the beginning of the parliament , and after , to increase the number of his councell for the better government of the realme , and prayed the king to put it in execution ; and further rehearsed how that the archbishop of canterbury had reported to them , that the king would be counselled by the most sage lords of the realme , the which ought to have the survey of all that which shall be done for the good government of this realme , which thing the king agreed to doe and rehearsed with his own mouth , that it was his entire will. and thereupon a bill made by the king himselfe , by his own will was delivered , containing the names of the lords which shall be of his councell , the tenour of which bill ensueth . it is to bee remembred that our lord the king , considering the great labours , occupations , and diligence which he ought necessarily to imploy about the good government of his realme , and other his possessions , as well on this side the sea as beyond it . first of all for the preservation of our lord the king , and of his crowne , and that the revenues of the same may be the better collected to his profit and increase , as much as a man may justly doe , to the end that he may the better sustaine his honourable estate . and secondly , for the confirmation of the lawes and statutes of the realme , to the end that equall right may be done to every one , as well poor as rich ; our lord the king , of his proper and good will , desirous to be supported in the foresaid causes , because that he cannot attend thereunto in proper person so much as he would , for the great love and good affiance which he hath among others , in the most revered fathers in god , the archbishop of canterbury , the bishops of winchester and excester , the duke of yorke , the earle of somerset , the lord roos , the lord burnet , the lord lovell , the lord willoughbie , the chancellour , treasurer , and keeper of the privie seale , the steward and chamberlaine , master hugh waterton , master iohn cheyney , and master arnald savage , hath chosen and charged them to be of his counsell , praying and commanding them , that in all the foresaid causes they will put to their intire diligences for the profit of our said lord the king , and likewise for the confirmation of the laws and statutes aforesaid . in the parliament of . henry . num . . after divers speciall requests of the commons of the realme , being in the present parliament , made to my lord of glocester commissary of the king , and to other lords spirituall and temporall there , for to have notice and conusance of the persons assigned and elected to be of the kings councell , to their great ease and consolation . by advice and assent of all the lords spirituall and temporall aforesaid , were elected and named certaine persons , as well spirituall and temporall , to be councellours assistant to the governance of the realm , whose names here ensue ; the duke of glocester , the archbishop of canterbury , the bishops of london , winchester , norwich , worcester , the chancellour , treasurer , and keeper of the privie seale , the duke of excester , the earle of march , the earle of warwick , the earle marshall , the earle of northumberland , the earle of westmerland , the lord cromwell , the lord fitz-hugh , the lord bourchier , the lord scroop , master walter hungerford , master john tiptoff , thomas chaucer , william allington . in the parliament of . henry . num . . vpon the petition of the commons against divers lords , bishops , knights , esquires , and others , to the number of . who mis-behaved themselves about the royall person of the king , and in other places , by whose only meanes it was suggested , the kings possessions had been greatly diminished , his laws not executed , the peace of the realm not observed , to the great hurt and trouble of the liege people of the realm , and likely subversion of the same , of which misbehaviour , universall noise and clamour was openly received thorowout all the realme , upon the same persons specified in the petition ; all of them , except the lords and some few others , without further evidence against them , were by the king now removed from his presence and court for a whole yeeres space , within which time any man that could and would object against any of them should be patiently heard and intended to . these few fresh presidents added to the precedent , and to such forraign examples of this nature cited in the appendix , will abundantly cleare the parliaments right and kingdoms interest in nominating , placing , and displacing the great officers of the kingdom , and in regulating the kings own meniall servants in some cases , when they either corrupt or mis-counsell him . and thus much touching the unhappy differences between the king and parliament , concerning matters of his own royall prerogative . the parliaments right and iurisdiction to impose taxes and contributions on the subjects for the necessary defence of the realm , laws , liberties without the king , in case of the kings wilfull absence from , and taking up arms against the parliament and kingdom , briefly vindicated from the calumnies against it . the severall grand objections of consequence made by the king and others against the parliaments pretended usurpations upon the just rights and prerogatives of the crowne , being fully examined and refuted in the premises , so far ( i hope ) as to satisfie all ingenuous men , in point of divinity , policy , law , reason , conscience . i shall next proceed to the remaining materiall accusations which concerne the subjects onely , in regard of property and liberty : wherein i will contract my discourse into a narrow compasse ; partly because the debate of the fore-going differences between the kings prerogative and the parliaments soveraigne jurisdiction , hath in some sort over-ruled the controversies betwixt the subjects and both houses , representing them : party because these accusations are not so universally insisted on , as the former which concerne the king ; the justnesse of them being generally acknowledged , willingly submitted to by most , except such , who calumniate and traduce them , either out of covetousnesse onely to save their purses , or from a groundlesse malignity against the parliament , or out of a consciousnesse of their owne delinquencies , subjecting them to the parliaments impartiall justice , or out of some particular interests which concern them in their gains , honours , preferments , or such who by their restraints for not paying parliamentary assessements , hope to save their purses for the present ; or to gaine favour and preferment by it for the future . if these private sinister ends were once laid by , this second sort of accusations would speedily vanish , especially with men of publike spirits , who prefer the common-weale before their owne particular interests . the first of these cavillatory objections against the parliaments proceedings is , that both houses , without the kings royall assent , have contrary to magna charta , the petition of right , the statues de tallagio non concedendo , and other acts , by their ordinances onely imposed late taxes on the subjects , amounting to the twentieth part of their estates , and since that monethly or weekly assessements , to maintaine a war against the king ; a grand incroachment on the peoples properties , contrary to all law and justice . this objection seems very plausible and cordiall to covetous earth-worms , being politikely contrived to court the close-handed niggardly party , by those who are guiltiest in themselves of that they thus object against others . but it will easily receive an answer , as to the parliament , and recoyle with infinite disadvantage on those that make it . first then i answer , that the parliament is the absolute soveraigne power within the realme , not subject to , or obliged by the letter , or intendment of any laws , being in truth the sole law-maker , and having an absolute soveraignty over the laws themselves ( yea , over magna charta , and all other objected acts ) to repeale , alter , determine and suspend them when there is cause , as is undeniable by its altering the very common law in many cases , by repealing , changing many old statute lawes , and enacting new ones every sessions as there is occasion , for the publike safety and defence . this the practice of all parliaments in all ages ( yea the constant course of all parliaments and assemblies of the estates in all forraigne kingdoms too ) abundantly manifests . the parliament therefore never intended by all or any of these objected acts , to binde its owne hands , but onely the kings and his ministers , with inferiour courts of justice , neither is the parliament within the letter , words , or meaning of them ; therefore not obliged by them . . the king , with his officers , judges , and inferiour courts of justice only are included , and the parliament , is directly excluded out of the very letter and meaning of all these acts ; as is apparent . first in generall , from the occasion of enacting all these laws , which was not any complaints made to the king of any illegall taxes , imprisonments , or proceedings of our parliaments , to the oppression of the people ; but onely the great complaints of the people and parliament against the illegall taxes , impositions , imprisonments , and oppressions of the subject by the king , his officers , judges , and inferiour courts of justice , as all our histories , with the prefaces and words of the acts themselves attest ; to redresse which grievances alone these lawes were made by the parliaments and peoples earnest solicitations , much against the kings good will. the parliament then ( who would never solicit the making of a law against , or to restrain it selfe ) being cleare out of the originall ground and mischiefe of enacting these lawes , and the king , with his ministers , and inferiour courts only within them ; they can no way extend to the parliament , but to them alone . . the parliament , ever since the making of these acts , hath alwayes constantly enjoyed an absolute right and power , without the least dispute , of granting and imposing on the subjects whatsoever taxes , subsidies , aids confiscations of goods , or restraint of liberty by temporall or perpetuall imprisonment , it thought meet and necessary for the publike defence , safety , and tranquility of the realm , as the severall taxes , subsidies , and poll-monies granted by them in all ages , the many statutes enjoyning confiscation of lands , goods , corporall punishments , banishments , temporary or perpetuall imprisonments , for divers things not punishable , nor criminall by the common law , or when magna charta , and the ancient statutes in pursuance of it were first enacted , abundantly evidence past all contradiction : none of all which the king himselfe , his officers , judges , or inferiour courts of justice can doe , being restrained by the objected acts. therefore it is altogether irrefragable , that the parliament and houses are neither within the words or intentions of these acts , nor any wayes limited or restrained by them , but left as free in these particulars ( in order to the publike good and safety ) as if those acts had never beene made , though the king , with all other courts , officers , subjects , remaine obliged by them . . this is evident by examination of the particular statutes objected : the first and principall of all the rest is magna charta , cap. . but the very words of this law : nor we shall not passe upon him , nor condemne him , but by the lawfull judgement of his peeres , or by the law of the land : we shall deny nor deferre to no man either justice or right , compared with the preface to , and first chapter of it , henry , &c. know ye that we , &c. out of meere and free will , have given and granted to all archbishops , bishops , e●rles barons , and to all free men of this our realm of england , and by this our present charter have confirmed for us and our heirs for evermore , these liberties underwritten , to have and to hold to them , and their heirs , of us and our heirs for evermore , &c. ( together with the whole tenour and title of this charter , and the two last chapters of it ; ) all those customs , and liberties aforesaid which we have granted to be holden within our realme , as much as appertaineth to us and our heirs , we shall observe . and for this our gift and grant of those liberties , &c. our subjects have given us the fifteenth part of all their moveables : and we have granted to them on the other part , that neither , we nor our heirs shall procure or doe any thing , whereby the liberties in this charter contained shall be infringed or broken ; we confirme and make strong all the same for us and our heirs perpetually . ( not the parliament ) all these , i say , infallibly demonstrate , that this statute of magna charta , did never extend unto the parliament to restraine its hands or power , but onely to the king , his heirs , officers , courts of justice , and particular subjects . so that the parliaments imprisoning of malignants , imposing taxes for the necessary defence of the realm , and seizing mens goods , or imprisoning their persons for non-payment of it , is no wayes within the words or intent of magna charta , as royallists and malignants ignorantly clamour ; but the kings , his officers , councellours , and cavalliers proceedings of this nature are cleerly most direct violations of this law. and that which puts this past dispute are the severall statutes of . edward . cap. . statute . . edward . cap. . edward . cap. . . edward . cap. . . richard . cap. . and the petition of right it self , all which expresly resolve , that this very objected law of magna charta , extends onely to the king himselfe , his privy councell , judges , justices , officers , and inferiour courts of justice , but not unto the supream court of parliament , which no man ( for ought i finde ) ever yet held , to be absolutely obliged by it , before the kings late recesse from parliament . the next statute is that of . edward . cap. . no tallage nor aid shall be taken or leavied by us and our heirs ( not the parliament ) in our realme , without the good will and assent of the archbishops , bishops , earls , barons , knights , burgesses , and other free men of the land ; which the statute of * . edward . thus explains , but by the common consent of the realme . the statute of . edward . cap. . and statute . cap . thus , if it be not by common consent of the prelatos , earles , barons , and other great men and commons of our said realme of england , and that in parliament . the statute of . edward the third , cap. . thus . if it be not by common consent and grant in parliament . the statute of . edward the third , cap. . thus , that no subsidie nor other charge be set nor granted upon the woolls by the merchants , nor by none other from henceforth without the assent of the parliament . the statute of . edward . cap. . thus , it is accorded and stablished , that no imposition or charge shall be put upon woolls , woollfels , or leather , oth●r then the custome and subsidie granted to the king , without the assent of the parliament , and if any be , it shall be repealed and holden for none . and the petition of right , . caroli , thus , by which statutes , and other good statutes of this realm , your subjects have inherited this freedom , that they should not be compelled to contribute any taxe , tallage , custome , aide , or other like charge , not set by common consent in parliament . now it is as evident as the noonday sunshine , that these acts onely extend to the king , his heirs , councell , officers , inferiour courts , and private subjects onely , and that the parliament is precisely excepted out of the very intent and letter of them all , having free power to impose on the subjects what aids , taxes , tallages , customes , and subsidies they shall deem meet , by the expresse provision of all these laws , concerning the granting and imposing of subsidies , therefore by the direct resolution of these acts , the kings , his councellors present contributions , assessements , and ransoms imposed on the subjects are illegall , against the letter and provision of all these acts ; but the parliaments and houses lawfull , approved and confirmed by them . true , will royallists and malignants answer ( who have no other evasion left but this ) if the king were present in parliament , and consenting to these contributions and taxes of the twentieth part , there were no doubt of what you alleage ; but because the king is absent , and not only disassents to , but prohibits the payment of this or any parliamentary assessments by his proclamations , therefore they are illegall and against these laws . to which i answer , first , that the king by his oath , duty , the ancient custom and law of the land ought of right to be alwayes present with his parliament ( as he is now in point of law ) and not to depart from it but in cases of urgent necessity with the houses free consents , and then must leave * commissoners , or a deputy to supply his absence . this is not onely confessed , but proved by a booke lately printed at oxford . ( with the kings approbation or permission ) intituled , no parliament without a king , pag. . to . where by sundry presidents in all kings reignes it is manifested , that kings were , and ought to be present in their parliaments , which i have * formerly cleared . if then the king , contrary to these presidents , his oath , duty , the laws and customs of the realme , the practice of all his progenitors , the rules of nature ( which prohibit the head to separate it selfe from the body ) and will ( through the advice of malignant councellours ) withdraw himselfe from his parliament ; yea , from such a parliament as himselfe by a speciall act hath made in some sort perpetuall , at the houses pleasure ; and raise an army of papists , delinquents , malignants , and such like against it , and that purposely to dissolve it , contrary to this very law of his for its continuance : why this illegall tortious act of his ( paralleld in no age ) should nullifie the parliament , or any way invalid its impositions or proceedings , for their own , the kingdoms , peoples , and religions preservation ( all now indangered ) transcends any reasonable mans capacity to apprehend . . the right and power of granting , imposing , assenting unto assessements , taxes , subsidies , and such like publique charges in parliament , for the publique safety , rests wholly in the commons and lords , not king ; and is their owne free act alone , depending no waies on the kings assent , nor necessarily requiring his personall presence in parliament . this is evident : first by the expresse letter of the forecited acts ; no subsidy , tax , ayde , talleage , or custome shall be set , granted , taken or leavied , but by common consent and grant of the prelates , earles , barons , knights , burgesses , and other free men of the realme in parliament ; or without the assent of the parliament : so that their * grant and assent in parliament , ( not the kings ) is the onely thing that makes them legall and binding to the subject . now both houses have granted , ordered , and assented to this assessement , exceeding not the twentieth part of mens estates ; and given order for the leavying of it , and that for the parliaments , kingdomes , religions , necessary defence and preservation . therefore it is obligatory and legall , though the king himselfe consent not , or disassent thereto , ( especially as the present condition of things stands ) even by the very letter of these acts . secondly , this is apparent by the letter of all our publique acts , for the granting of subsidies , ayds , tenths , fifteenes , taxes , customes , tonnage , poundage , or any such like impositions in and by parliament , either by the temporalty or clergy : which acts runne usually in this manner . * the commons of this realme have granted for defence of the said realme . and especially for the safegard and custody of the sea , a subsidy , a subsidie called tonnage , &c. * the prelates , earles , barons , and all the commons of the realme willingly and with one assent have granted the ninth lambe , ninth sheafe , and ninth fleece , &c. and of cities and burroughs the ninth part of all their goods and chattels , &c. in aide of the good keeping the realme as well by land as by sea , &c. * we your poore commons desire your excellent majesty willingly to accept and receive these our poore grants hereafter following , as granted of free hearts and good wils , as the first-fruits of our good wils and hearts , &c. by the advice and assent of the lords spirituall and temporall , give & grant , for the defence of your realm , and the keeping and safegard of the seas , &c. one subsidy called tonnage , &c. * the prelates and clergy , &c. as a speciall and significant testimony of their loyall affection , &c. with one affection and uniforme consent have given & granted foure whole and intire subsidies . * we your commons assembled in your high court of parliament , humbly present your majesty with the free & cheerfull gift of two intire subsidies , &c. all subsidies and taxes then being the free gift of the commons , clergy and peeres in parliament , and that onely for the defence of the kingdome by sea and land ; it is infallible , that they do , may and can oblige themselves , and those they represent , to pay such publike taxes , to this end , without the kings concurrence . thirdly , this is cleare by considering , that the commons and lords in parliament have alwaies had : * . an absolute right and power to grant or deny taxes , subsidies , aydes and assistance as they saw occasion . . to proportion the aydes and subsidies granted . . to limit the certaine manner , waies , and times of paying and levying them ; and the persons who shall either pay , assesse , collect , receive , or disburse them . . the ends and uses to which they should be imployed when leavied , debarring the king oft times ( when they saw cause ) of any power at all to receive or dispose of them , appointing collectors , and treasurers of their owne to receive and issue them out againe , by the advice and directions of these , as themselves prescribed ; for which i shall give you some few instances of note , in lieu of many more , that might be remembred . * anno . being the yeere of henry the third , the parliament after many contestations with the king for his fraud , oppressions , favouring of aliens , &c. to the kingdomes detriment ; the king by oath promising amendment , granted unto him the thirtieth part of all their moveables ( excepting ready money , horse , and armour ) to be imployed for the common wealth , and benefit of the realme ; with this condition often annexed , that the king should leave the counsell of aliens , and onely use that of his naturall subjects . and for more security it was ordained , that foure knights of every shiere , and one clerke of the kings in every severall shiere , shall upon their oathes collect , receive and deliver the said subsidy either into some abbey or castle , to be safely reserved there , and disposed of for the benefit of the king and kingdome , by the view and counsell of the earle warren or others , when there should be need : or otherwise if the king failed in performance of his promises and grants , it ought to be faithfully restored and distributed to the country whence it was collected . * in the . yeere of king edward the . anno . the parliament ( not daring to trust this prodigall mis-counselled king with moneys ) instead of subsides , granted him an aide of armed men against the scots : london set forth . canturbury . saint albanes . and so all other burroughs and cities according to their proportion , whereby a great army was leavied . the parliaments of e. . c. . . stat. . & stat. . c. . e. . parliament & . ( forecited at large , part . . p. . . ) h. . num. . jac. c. . particularly direct how the subsidies granted shall be disposed of by certaine nobles and others , whom they nominate , and appoint treasurers to receive and issue them to the ends for which they granted them , prescribing them an oath to issue none of them to other purposes , or in any other maner then they prescribed . yea the acts of former parliaments , and this present concerning tonnage , poundage , polemoney , and subsidies , frequently do the like . therefore the granting and disposing of those taxes , aydes , subsidies rests wholly in the commons , and lords ; and no waies on the king , who commonly desires the parliament to grant them . fourthly , this is further evidenced , by the kings usuall answer and assent unto such bills as these : * le roy remercy ses loaulx subjects accept lour benevolence , & auxy le veult ; taking it wholly as a free grant from them ; which assent in this case is rather formall then substantiall , it being the commons and lords owne consent only to bils of this nature , not the kings , that make the taxes and impositions binding as the forecited statutes , the petition of right caroli ; * fortescue , and our lawbookes resolve , and i have elsewhere manifested more at large . therefore the want of the kings assent , or disassent to the parliaments present assessement for the kingdomes necessary defence in the present extremity ( when the king not onely wilfully absents himselfe from , but hath raised armes against the parliament ) is not materiall nor simply necessary in point of law , though usually requisite and necessary for formality sake , at other seasons , to compleat such acts ; since sepenumero necessitas vincit legem , & quod necessarium est , licitum est ( as this assessement now is ) though all formalities be not punctually observed ; as is resolved in dormers case . cooke l. . f. . b. fiftly , it is undeniable , that the knights , citizens , burgesses , and commons in parliament , elected by the suffrages of the severall counties , cities , and burroughs of england , do * really and legally represent all the commons ; and the lords and they the whole realm , and all the people of england : so that what ever tax is imposed and assented to by them , or by both houses onely without the king ( who represents no man but himselfe alone ) is in point of law imposed and assented to by all the commons , and whole realm of england , ( as the recitals in all our statutes , and law-bookes resolve ) though the king assent not to it , if therefore ( as our * law-books clearely resolve without dispute , and the experience of all corporations , parishes , and mannors evidenceth past contradiction ) all ordinances and bylaws made for the common good of corporations , parishioners , tenants of a mannor , and the like , by all or the greater part of the corporations , parishioners , tenants , and taxes imposed by them for the common good ( as repairing of churches , high-waies , bridges , reliefe of the poore , and the like ) shall binde the rest : even in point of law , without the kings assent . then by the same , or better reason , the impositions and taxes now laid upon the subjects by the assent and ordinances of both houses of parliament , representing the whole commons and realme of england ( who actually assent likewise to these taxes and assessements in and by them ) must and ought in point of law to oblige all the subjects in this case of necessity , ( at least as long as the parliament continues sitting , and this their representation of them remains entire ; ) especially being for the necessary defence of the parliament , kingdome , religion , all our lives , estates , liberties , lawes , against an invading army of papists and malignants , in a case of extraordinary extremity . this i shall further cleare by some ancient and late judgements in point . mich. ed. . rot . . in the kings bench william heyborne brought an action of trespasse against william keylow , * for entering his house and breaking his chests , and taking away pounds in money ; the defendant pleading , nor guilty , the jury found a speciall verdict : that the scots having entred the bishopricke of durham with an army , and making great burning and spoyles , thereupon the commonalty of durham , whereof the plantiffe was one , met together at durham , and agreed to send some to compound with them for a certaine summe of money to depart the country , and were all sworne to performe what compositions should be made , and to performe what ordinance they should make in that behalfe ; and that thereupon they compounded with the scots for markes . but because that was to be paid immediately , they all consented , that william keylow the defendant and others , should goe into every mans house to search what ready money was there , and to take it for the raising of that summe and that it should be suddenly repaid by the communalty of durham : and that thereupon the defendant did enter into the plaintiffs house , and broke open the chest , and tooke the seventy pounds , which was paid accordingly towards that composition . and upon a writ of error in the kings bench , it was adjudged for the defendant against the plaintiffe , that the action did not lie , because he himselfe had agreed to this ordinance , and was sworne to performe it , and that the defendant did nothing but what he assented to by oath ; and therefore is accounted to doe nothing but by his consent , as a servant to him and the commonalty of durham ; therefore he was no trespasser . which case was agreed for good law by all the judges , in the late case of ship-money argued in the exchequor chamber ; though neither king nor parliament consented to this taxe or composition . this is the parliaments present case in effect : the king having raised an army of papists , delinquents , forraigners , irish rebels , disaffected persons , and actually invading the kingdom and parliament with it ; hereupon the parliament were inforced to raise an army to defend themselves and the realm against these invasions ; for maintenance whereof , they at first made use onely of voluntary contributions and supplies ; proceeding onely from the liberality of some private persons , best affected to the publike service ; which being xehausted , the lords and commons considering what a sol●mne covenant and protestation themselves had made and taken , and the subjects likewise throwout the realm , to maintain and defend , as farre as lawfully they might with their lives , power and estates , the true reformed protestant religion , &c. as also the power and priviledges of parliament , the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall do in the lawfull pursuance of the sam● &c. as in the protestation ( made by both houses consents when fullest : ) and considering that the whole commons and kingdoms assents were legally and actually included in what they assented in parliament , for the necessary defence of the realm , the subjects , parliaments priviledges , rights , and the reformed religion ( all actually invaded , endangered ) by an ordinance of both houses , without the kings consent ( then absent from , and in open hostilitie against them ) impose a generall assessement upon all the subjects , not exceeding the twentieth part of their estates ; and for non-payment prescribe a distresse , &c. why , this assessement in this case of necessitie , being thus made by assent of both houses ( and so of all the kingdom in them ) in pursuance of this protestation , should not as legally , yea more justly o●lige every particular subject , though the king assented not thereto , as well as that agreement of the men of durham , did oblige them even in point of law , justice , conscience , transcends my capacitie to apprehend : and if the first case be law , as all the judges then , and of late affirmed , the latter questionlesse must be much more legall , and without exceptions , a m. . and . eliz. in the kings bench , in the chamberlain of londons case , it was adjudged , that an ordinance made by the common councell of london only , that all clothes should be brought to blackwell-hall , to be there veiwed , searche● , and measured , before they were sold , and that a penny should be paid for every cloth for the officer that did the same , and that six shillings eight pence should be forfeited for every cloth , not brought thither and searched ; was good to binde all within the citie , and that an action of debt would lye at the common law , both for the duty , and forfeiture , because it was for the publike benefit of the city and common-wealth , b m. . eliz. in the common-pleas , it was adjudged in clerks case ; that an ordinance made by assert of the burgesses of saint albanes , whereof the plaintiffe was one , for assessing of a certain summe of money upon every inhabitant , for the erecting of courts there ( the term being then adjourned thither from london , by reason of the plague ) with a p●nalty to be●l●●yed , by distresse , for non-payment of this tax , was good to binde all the inhabitants there , because it was for the publike good . c mich. . and . eliz. in the kings bench , william jefferies case , and pasch . . eliz. pagets case , it was resolved ; that the church-wardens with the greater part of the parishioners assents , may lay a taxe upon all the parishioners , according to the quantitie of their lands and estates , or the number of acres of land they hold ( the taxe there was four pence an acre for marsh-land , and two pence for earable ) for the necessary reparation of the church ; and that this shall binde all the inhabitants , so as they may be libelled against in the spirituall court for non-payment thereof , and no prohibition lieth . the like hath been resolved in sundry other cases . and , by the common-law of england where by the breach of d sea-walls , the country is , or may be surrounded , every one who hath lands within the levell or danger , which may have benefit , or losse , by the inundation , may and shall be enforced to contribute towards the repair , and making up of the sea-walls , and a reasonable tax assessed by a jury , or the major-part shall binde all the rest , because it is both for their own private , and the common good . if the law be thus unquestionably adjudged in all these cases , without the kings assent , then much more must this assessement imposed by both houses be obligatory , in point of law and justice , though the king consented not thereto , since the houses , and whole kingdom consented to it , for their own defence and preservation . sixthly , this is a dutie inseparably incident by the fundamentall law , and originall compact of every kingdom , citie , corporation , company or fraternitie of men in the world ; that every member of them should contribute proportionably upon all occasions ( especially in cases of imminent danger ) toward the necessary charges , defence , and preservation of that kingdom , citie , corporation , company , or fraternitie , of which he is a member , without which contribution , they could be neither a kingdom , citie , corporation , company , fraternitie , or have any continuance , or subsistence at all ; which contributions are assessed by parliaments in kingdoms , by the aldermen , or common-councell in cities , by the master and assistants in fraternities , and what the major part concludes , still bindes the residue , and the dissent of some ( though the major , or master of the company be one ) shall be no obstacle to the rest . this all our acts concerning subsidies , aydes , tonnage and poundage the daily practice and constant experience of every kingdom , citie , corporation , company , fraternitie in the world , manifests past all contradictions ; which being an indubitable veritie , i think no reasonable man can produce the least shadow of law or reason , why the parliament representing the whole body of the kingdom , and being the supream power , counsell , in the realm ; bound both in dutie and conscience , to provide for its securitie , may not in this case of extremitie legally impose this necessary tax , for their own , the kingdoms , subjects , laws , religions preservations ( of which they are the proper judges , gardians ) and should not rather be credited herein then a private cabinet court-counsell of persons disaffected to the republike , who impose now farre greater taxes on the subjects , and plunder , spoyl , destroy them every where directly against the law , of purpose to ruine both parliament , kingdom , religion , laws , liberties , and posteritie . seventhly , it is confessed by all , that if the king be an infant , non-compos , absent in forraign remote parts , or detained prisoner by an enemy , that the kingdom or parliament in all such cases , may without the kings actuall , personall assent , create a protector or regent of their own election , and not onely make laws , but grant subsidies , impose taxes , and raise forces for the kingdoms necessary defence , as sundry domestick and forraign presidents in the preceding e parts , and appendix , evidence ; and f hugo grotius , g junius brutus , with other lawyers acknowledge as a thing beyond all dispute . nay , if the king be of full age , and within the realm , if a forraign enemy come to invade it , and the king neglect or refuse to set out a navy , or raise any forces to resist them , the lords and commons in such a case of extremitie , may , ( and are bound in law and conscience so to do ) for their own , and the kingdoms preservation , not onely in and by parliament , but without any parliament at all ( if it cannot be conveniently summoned ) lawfully raise forces by sea and land , to encounter the enemies , and impose taxes and contributions to this purpose on all the subjects by common consent , with clauses of distresse and imprisonment in case of refusall , as i have elsewhere proved . and if in case of invasion , even by the common-law of the realm , any captains or souldiers may lawfully enter into another mans ground and there encamp , muster , or build forts to resist the enemy , or pull down the suburbs of a citie , to preserve the citie it self , when in danger to be fired or assaulted by an enemy , without the speciall consent of king , parliament , or the owners of the lands , or houses , without h trespasse or offence , because it is for the publike safetie , as our law books resolve ; then much more may both houses of parliament , when the king hath through the advice of ill councellors wilfully deserted them , refused to return to them , and raised an army of papists and malignants against them and the realm ( now miserably sacked and wasted by them , as bad as by any forraign enemies ) both take up arms , raise an army , and impose assessements and contributions by ordinances , unanimously voted by them , against which no lover of his country , or religion , no nor yet the greatest royallist , or malignant , can with the least shadow of law or reason , justly except . eightly , if they shall now demand what presidents there are for this ? i answer : first , that the parliament being the soveraign power and counsell in the realm , is not tyed to any presidents , but hath power to make new presidents , as well as new laws , in new cases and mischiefs ; where there are no old presidents , or vary from them though there be ancient ones , if better and fitter presidents may be made ; as every * court of justice likewise hath power to give new judgements , and make new presidents in new cases , and may sometimes swerve from old presidents , where there were no ancient presidents to guide them ; even as physitians invent new medicines , chyrurgions new emplaisters for new diseases , ulcers , or where old medicines and balsomes , are inconvenient , or not so proper as new ones . and as men and women daily invent and use new fashions at their pleasure , & tradesmen new manifactures without licence of king or parliament , because they deem them better or more comely then the old . secondly , i might demand of them , by what old domestick lawfull presidents , his majesties departure from the parliament , his levying warre against it , his proclaiming many members of it , i traytors , and now all of them traytors and no parliament ; his unvoting of their votes in parliament , out of parliament ; his imposing of taxes and contributions in all countries where his forces are , beyond mens estates , and annuall revenues ; his burning , sacking , pillaging , murdering , ruining , of his own kingdom , subjects , both by sea and land , and putting them out of his regall protection ; his raising of an army of english , irish , scottish , french , and germane papists to maintain and settle the protestant religion among us , ( which they have plotted totally to extirpat● , as appears by their proceedings in ireland , england , and the late plot discovered among the archbishops papers ) and the like , are warranted ? ( which questions i doubt would put them to a non-plus , and silence them for eternitie : ) yet to satisfie their importunitie , and stop their clamorous mouthes ; i shall furnish them in brief , with some presidents in point in all states , and kingdoms of note in former , in latter times , and in our own realm too ; in all the civill warres between kings and subjects , in the romane and germane empires , france , spain , aragon , castile , hungary , bohemia , poland , denmark , scotland , and other kingdoms mentioned in the appendix ; they shall finde that the generall assemblies of these states , lords & commons , without their emperors or kings assents , did both raise forces , impose taxes , yea , and seise on the imperiall and royall revenues of the crown to support their wars , against their tyrannicall oppressing princes . in * flaunders heretofore , and the low-countries of late yeers , th●y have constantly done the like ; as their excises long since imposed , and yet on foot by common consent ( without the king of spains good liking ) to preserve their liberties , religion , estates , from the spanish tyranny , witnesse ; which every one willingly at the very first imposition , and ever since hath read●ly submitted to , being for the publike preservation . the like hath been done in former ages , and within these five yeers in the realm of scotland ; the same is now practised even without a parliament by the popish rebels both in ireland and england , who have laid taxes upon * all ireland , and all the romanists in england , for the maintenance of this present rebellion ; and yet neither king , nor his counsell , nor royallists , nor malignants ( for ought i can read or hear ) have ever so much as once written or spoken one syllable against it , when as many large declaration ; proclamations , inhibitions in his majesties name , and at least fortie severall pamphlets have been published by malignants against this assessement of the parliament , and the levying , or paying thereof , strictly prohibited under pain of high treason ; such a grand difference is there now put by the royall court-partie ( to the amazement of all intelligent men ) between the irish rebels , ( now the kings best subjects as it seems ) who may do what they please without censure or restraint ; and the english ( now un-parliamented ( parliament , though perpetuated by an act of parliament ) who may do nothing for their own , or the kingdoms safety , but it must be high treason at the least . o temporâ ; ô mores : quis 〈◊〉 fando temp ret a lachrymis ? adde to this , * that the lords justices and councell in ireland , the twenty nine of june , . have without authoritie of parliament or king , for their present necessary defence , against the popish rebels there , imposed an excise upon most commodities in that realm , here lately printed ; which no man can deem illegall in this case of absolute necessitie . but to come close home unto our selves ; who is there that knows ought in historie and policie , but must needs acknowledge , that the brittains and saxons warres of this realm , against their oppressing kings , * archigallo , emerian , vortigerne , sigeb●rt , osred , ethelred , beornard , leowulfe , edwine , ( whom they deposed for their tyranny and mis-government ; ) that our barons long-lasting bloody warres against king john , henry the third , edward the second , richard the second , and others fore-mentioned ; were maintained by publike assessements and contributions made by common consent , even without a parliament , and with the revenues and rents of the very crown , which they seised on , as well as the castles and forts ? this being a true rule in law , qui sentit commodum , sentire debet & onus ; all the kingdom had the benefit , of regaining , preserving , establishing their fundamentall charters , laws , liberties , by those warres ; therefore they deemed it just , that all should bear a share in the charge and burthen , by voluntary assessements without king or parliament . during the absence of king edward the third in france ; the a lords and commons in parliament , for the defence of the realm by sea and land , against forraign enemies ; granted an ayde of the ninth sheaf , lamb , and fleece , besides many thousand sacks of wooll , and the ninth part of other mens estates in towns and corporations , and disposed both of the money and militia of the realm , for its defence , as you heard before : the like did they during the minorities of king henry the third , king richard the second , and king henry the sixth , as the premises evidence , without those kings personall assents . b anno dom. . richard king of romans coming with a great navy and army of germans , and forraigners , to ayd his brother , king henry the third , against the barons ; thereupon , the barons sent out a fleet to encounter them by sea , and prepared a strong army of horse and foot by land , that if they prevailed against them at sea , ( which they feared not , ) yet they might valiantly and constantly entertain and repulse them , on the shore and dry land ; which the king of romans being informed off , disbanded his forces , and came over privately with three knights onely attending him . this was done without the kings assent , and yet at publike charge . when c king richard the first was tak●n particular by the emperour in his return from the holy land , by authority of the kings mother , and the kings justices alone ( without a parliament ) it was decreed , that the fourth part of all that yeers rents , and of all the moveables , as well of the clergy , as of the laity , and all the woolles of the abbots of the order of the cistersians , and of semphringham , and all the gold and silver chalices , and treasure of all churches should be paid in , toward the freeing and ransome of the king ; which was done accordingly . if such a taxe might be imposed by the queen mother , and justices onely , without a parliament , for ransoming the king alone from imprisonment , may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the subjects by an ordinance of both houses in parliament without the king , for the defence and perservation , both of the parliament and kingdom to , when hostily invaded by the king ? in few words , the king and his councell , yea his very commanders , ( without his speciall commission or advice ) have in many countries imposed large monethly , weekly contributions and assessements on the people , beyond their abilities and estates ; yea , upon the very speaker and members of the commons , and lords house , ( notwithstanding their priviledges of parliament , which they say they will maintain ) to the utter impoverishing , and ruining of the country ; yea , they have burned , sacked , plundered , many whole towns , cities , counties , and spoiled thousands of all they have , contrary to their very promises , articles , agreements , which they never faithfully observe to any in the least degree ; and all this to ruine the kingdom , people , parliament , and religion ; yet they justifie these their actions , and the parliament , people , must not controule , nor deem them traytors to their country for it : and may not the parliament then more justly impose a moderate in-destructive necessary taxe without the king , for the kingdoms , religions , and peoples defence and preservations , against their barbarous taxes , plunderings , and devastations , then the king , or his commanders , souldiers play such rex , and use such barbarous oppressions without , yea against the parliaments votes and consents ? let them therefore first cease their own most detestable unnaturall , inhumane practises , and extortions of this nature , and condemn themselves , or else for ever clear the parliament , from this unjust aspersion . the last objection against the parliament is , that they have illegally imprisoned , restrained , plundered some malignants , and removed them from their habitations , against magna charta , the fundamentall laws forenamed , and the liberty of the subject , contrary to all presidents in former ages . to which i answer , first , that the objectors and kings party are farre more guilty of this crime , then the parliament , or their partisans , and therefore have no reason to object it , unlesse themselves were more innocent then they are . secondly , for the parliaments imprisoning of men pretended to be against magna charta : i answer first , that the parliament is not with in that or any other law against imprisonments , as i have formerly cleered ; therefore is not obliged by it , nor can offend against it : secondly , that it hath power to imprison , restrain the greatest members of their own houses * though priviledged men , exmept from all other arrests ; and publike persons representing those that sent them thither : therefore much more may they imprison , or restrain , any other private persons , notwithstanding magna charta . and the parliament being the supreamest judicaturo paramount all other courts , their commitments can not be legally questioned , determined , nor their prisoners released by habcas corpus , in or by any other inferior court or judicature whatsoever . . the parliament hath power to make new laws for the temporall and perpetuall imprisonment of men , in mischievous cases , where they could not be imprisoned by the common law , or any other act before or since magna charta ; and so against the seeming letter of that law w ch extends not to the parliament ; and what persons they may restrain , imprison by a new enacted law , though not restrainable before by magna charta , or the common law , without breach of either , they may whiles they sit , in case of publike danger , restrain , imprison , by their own authoritie , without , or before a new law enacted . in how many new cases , by new statutes made since magna charta , the subjects may be lawfully imprisoned , both by judges , justices , majors , constable , and inferiour courts or officers ; whereas they could not be imprisoned by them , by the common law , before these acts , without breach of magna charta , and violating the subjects liberties , you may read in the table of rastals abridgements of statutes , and in ashes tables . title imprisonment , and false-imprisonment ; yea , by the statutes of . h. . cap. . . h. . cap. . . h. . cap. . . eliz. cap. . . and . phil. mary , cap. . . and . e. . cap. . . eliz. cap. . with other acts , perpetuall imprisonment , during life , is inflicted in some cases , for which no imprisonment at all could be prescribed before these acts , and for crimes , for which the parties were not formerly punishable ; yet for the publike weale , peace , safety , and prevention of private mischiefs , even against the letter ( as it were ) of the great charter the parliament hath quite taken away all liberty , the benefit of the common law , and of magna charta it self , from parties convicted of such offences , during their naturall lives ; and if they bring an habeas corpus in such cases , pretending their perpetuall imprisonment , and these latter laws to be against magna charta , they shall notwithstanding be remanded and remain prisoners all their dayes , because the parliament is above all laws , statutes , yea magna charta ; and may deprive any delinquents of the benefit of them , yea , alter or repeal them , for the common good , so farre as they see just cause ; though neither the d king , nor his counsell , nor judges , nor any inferiour officers , or courts of justice , have any such transcendent power , but the parliament alone , to which all men are parties , really present , and allowing all they do ; and what all assent to , decree for the common good and safetie , must be submitted to by all particular persons , though never so mischievous to them ; this being a fundamentall rule even in law it self e that the law will rather suffer a private mischief , then a generall inconvenience . seeing then the parliament to prevent publike uproars , sedition , treachery , in or against the kingdom , cities , houses , or counties , where factious persons live , hath thought meet to restrain the most seditious malignants , ( especially these about london and westminster where they sit ) and to commit them to safe custody , till they receive some good assurance of their peaceable behaviour ; they must patiently suffer their private restraints for the common safety , tranquility , till the danger be past , or themselves reformed ; who if they reform not their own malignity , not the parliaments cautelous severity , themselves must be blamed , since they detain themselves prisoners only by not conforming , when as the parliament desires rather to release , then restrain them , if they would be regular ; and so they must blame themselves alone , not clamour against the houses . all leprous persons by the f leviticall and g common law , were to be sequestred and shut up from others , least they should infect them ; and so all persons visited with the plague by late h statute laws may be shut up , without breach of magna charta . why then not malignant , seditious ill affected persons , who infect others in these times of commotion and civill warres , as well as leapers and plague sick persons , removed into pest-houses , for fear of spreading the infection upon the self-same grounds , by the houses authority ? the parliament by an ordinance , act , or sentence , hath power to banish men out of the kingdom in some cases ( which no other court , nor the h king himself can lawfully d● , as was expresly re●olved in parliament , upon the making of the s●atute of . eliz. cap. . ) as is evident by the case of thomas of weyland , an. . e. ; of i p●irce gavaston and the two spencers in king haward the second his raign . of the lord k maltrav●rs in edward the third his raign ; of l b●lknap and divers , over judges in the and y●ers of richard . his reign , by the statutes of . el. c. . s●paratist● , 〈…〉 . el. c. . r●gues are to be banished : and in m calice heretofore , a woman might be justly banished the town for adult●ry ; and a scould at this day after three convictions is to be banished out of westminster , and rowed ov●r the thames from thence thorough the water at the tayl of a boat , for the quiet of the city . then much more may any private seditious turbulent malignants ●e justly restrained to some safe places where they may do no harme , till the warres and troubles be ended , or themselves re●laimed . fifthly , by the n common and statute law of the realm , yea by n magna charta it self , cap. . the lands , rents , goods , and persons of priors , and other aliens , merchants , or others , residing in england may be , and have been usually seized or , and s●cured , or else their persons banished the realm , and borders of england , during the warres with others of that nation , l●ast they should assist them in the warres with their estates , persons , or intelligences , or betray the kingdom , or pl●ces where they resided to the enemy ; and upon this ground by the expresse statutes of . h. . cap. . . . h. . cap. , . . h. . cap. . . h. . cap. . . h. . cap. . the irish , brittains , welshmen , and scots , because we had frequent warre , with them , were not permitted to purchase either houses or lands , or to remain in any fort , town , or city , neer the borders of scotland , or w●l●s , but banished thence , and their goods and persons , seised on in times of warre , to prevent treachery , intelligence , and assistance of the enemy . a thing generally practised and warranted in all states and kingdoms , ( as well as in england , ) by the very law of nations , as just and necessa●y in times of warres ; as martinus laudensis de r●praesaliis & de bello , henricus ranzovius his commentarius bellicu● , ge●rgius obbrectus : disput : juridca de bell● , henri●us boc●rus de jure pr●gnae ▪ hung● grotius , & albericus gentilis , in their books de jure belli , and all historians evidence : therefore lawfull for the parliament to practise at this present , as well as the king , or any others . sixthly , in times of forraign invasions , the parliament hath enjoyned all inhabitants neer the sea-coasts or marches of scotland and wales , to repair to their houses and lands there , with all their families , for the defence and saf●tie of the realm , under pain of imprisonment , and confiscation of their goods , and revenues there , and elsewhere , as is evident by . e. . nu . . parl. . and parl. . n. . . eliz. ● . the * statutes confining papists to their houses ▪ and sundry other presidents . the●efore by like reason they may confine malignants in times of warre , for the publike peace and safetie , and disarme them to for a time ; a constables may by the law , disarme and imprison peace-breakers , fray-makers , riotors , and others to prevent bloodshed , quarrels , and preserve the publike peace . thirdly , for the plundering of malignants , and sequestring their estates ; i answer , that , i think the parliament never yet approved the plundering ( or in plain english , robbing ) of any man , by any of their forces ; they having plundered no places taken by assault , for ought i hear ; though the kings forces on the contrary , have miserably plundered all the kingdom almost , ( except the papists who are most exempted from this rapine , and some few , chief malignants , ) yea , those very persons , souldiers , cities , towns , which by their very articles of surrender , were not to be plundered ; ( witnesse , taunton , bridgewater , bristol , gainsborow , where many have been pillaged to their naked skins , notwithstanding their ariticles of agreement , solemnely sworn , to depart quietly with bag and baggage , without interruption , and the towns to be free from plunder ) contraty to the very * law of warre , and arms ; which may instruct all others not to trust them henceforth . if any of the parliaments forces have misbehaved themselves in plundering any malignants or disaffected persons , more then by seifing of their arms , distraining their goods for imposed assessements ; or sequestring their plate , moneyes , estates , for the publike service upon promise of repayment and restitution ; i know the houses have publikely , by expresse ordinances , inhibited , disavowed the fact , and exposed the disorderly delinquents to condigne punishments , even to the losse of their lives , if any please to prosecute them by way of inditement or martiall law. for my part i abhorre all violence , plunder , rapine , and disorders in souldiers , as contrary to the law of god , obadiah . to . luke . . and leave those who are guiltie of them to the severest publike justice , as offenders against the o law of nature , of nations , of the land , yea , of warre it self : but god forbid the parliament should be unjustly charged with all the misdemeanours of their souldiers , which they prohibit , detest , censure ; more then the king with all the barbarous rapes , murthers , cruelties , rapines , and monstrous insolencies , which his cavaliers every where perpetrate without punishment or restraint ; especially the blood-thirsty irish popish rebels among them : who having shed so much english protestants blood in ireland , ere they came over hither , of which they vaunt , is such an high dishonour to god , and the english nation , if their own blood be not shed for it by the hand of vengeance here ; that i wonder with what face or spirit , his majestie or any english protestant can patiently suffer these irish rebels to shed any more protestant english bloud , breath in english ayre , who have cut the throats of so many thousand innocent english , both here and elsewhere , and are like to cut all our throats ere long ( as they have designed ) unlesse their throats be first cut by us . but yet for the plundering of such malignants goods , and houses , who are opposite to the whole kingdom and parliament , and will not joyn with them in the common cause , which concerns us all ; as it hath sundry p patterns in the barons warres , against the poictovines and their faction , in henry the third his raign , and afterwards against the spensers , in edward the second dayes formerly touched ; so it hath one observeable generall resolution of the whole body of the lords and commons , warranting it in king johns raign , even then when they all took up armes to enforce him to confirm the great charter it self , which our opposites cry out to be violated by the parliaments moderate seisures , onely by way of distresse or sequestration : q for the barons , knights , and commons , with their whole army being m●t t●gether in london , which joyned with them to gain this charter from the king ; sent from thence letters to all the earls , barons , and knights throughout england , who seemed ( though but fainedly ) to adhere to the king , exhorting them with this commination ; that as they loved the indemnitie of their goods , and possessions , th●y should d●sert a perjured king , and adhearing faithfully to them , should with them inviol●bly stand , and effectually contend for the liberties and peace of the kingdom ; which if they contemned to do , thy would with force of arms , and banners disslayed , march against them as publike enemies , subvert their castles , burn their houses and edifices , and not cease to destroy their ponds , parkes , and orchards . whereupon all the lords , knights , and people , d●serting the king , who had scarce seven knights in all left with him , confederated themselves to the barons in the common cause . ( wherein to be a neuter , was to be an enemy , and no member of the politicke body , in which all were equally engaged . ) whereupon the king thus deserted by all , condescended speedily to their demands , and confirmed the great charter much against his will. a very apt president for these times , which would make the people more unanimous , faithfull , and couragious for the common cause , if but imitated in the commination onely , though never put into actuall execution ; he being unworthy once to enjoy any priviledge of a free-born subject in the kingdom , who will not joyn with the parliament and kingdom , to defend his libertie , and the kingdoms priviledges , in which he hath as great a common share , as those who stand , pay , and fight most for them . it is a good cause r of disfranchising any man out of any citie , corporation , or company , and to deprive him of the priviledges of them , if he refuse to contribute towards the common support , defence , or maintenance of them , or joyn in open hostilitie , contributions or suites against them . there is the same and greater reason of the generall citie and corporation of the whole realm , to which we are all most engaged ; and therefore those who refuse to contribute towards the defence and preservation of it , if able ; or by their persons , purses , intelligence , or counsell , give any assistance to the common enemy against it , deserve to be disfranchised out of it , to have no priviledge or protection by it , and to be proceeded against as utter enemies to it , christs rule being here most true , ſ he that is not with me , is against me ; and he that gathereth not with me , scattereth abroad . the t common-wealth of which we are members , hath by way of originall contract for mutuall assistance and defence ( seconded by the late protestation and covenant ) a greater interest in our persons , and estates , then we our selves , or the king ; and if we refuse to ayd the republike , of which we are members in times of common danger , with our persons , abilities , goods ; or assist the common enemy with either of them ; we thereby betray our trust and fidelitie , violate our covenants to the republike , and expose our bodies to restraint , our estates to consiscation , for this most unnaturall treachery , and sordid nigguardlinesse ( as well as for treason , fellony , or other more petty injuries against the state , or humane societie , made capitall by the laws ) most justly , for the publike service of the state , which hath a generall soveraign interest in them in all times of need , paramount our private rights , which must alwayes submit to the publike : and lose all our formerly enjoyed priviledges , either of laws , liberties , or free-born subjects , if we refuse to defend , or endeavour to betray them , as the laws and common practise of all nations evidence . in the u barons warres against king john , henry the third , and edward the second , in defence of their liberties , and laws , they seised upon the castles , forts , and revenues of the crown , and upon the moneyes , and goods of the x priors aliens , and malignant poictovines , which they imployed in the kingdoms service y : eodem tempore castellanus de dovera , richardus de gray , vir fidelis & strenuus , qui ex parte baronum ibidem constituebatur , omnes transeuntes & transituros , diligenter considerabat , cuncta prud●nter perscrutando , & invenit non modicum thesaurum paratum , dictis pictaviensibus clanculo deferendum ; qui totus captus est , in castro reseruandus . similiter londini apud novum templum thesaurus maximus , de cujus quantitate audientes mirabantur quem reposureunt pictavienses memorati , licet contradicentes reniterenter hospitelarii , captus est ; ad arbitrium regis et baronum in utiles regni usus utiliter exponendus , writes rishanger the continuer of matthew paris ; a good president for the present times : after which the z barons banished all the poictovine malignants , who miscounselled and adhered to the king , out of england , anno ; who anno . were all ba●ished out of london , and other cities , and forts . * an. . the earl marshall having routed john of monmouth his forces ( which assisted king henry the third against the barons ) in wales , he wasted all the said johns villages and edifices , and all things that were his , with sword and fire , and so of a rich man , made him poor and indigent . in the very christmas holy-dayes , there was a grievous warre kindled against the king and his evill counsellors . for richard suard conjoyning other exiles to him , entred the lands of richard earl of cornwall , the kings brother , lying not farre from behull , and burned them , together with the houses , and the corne , the oxen in the ox-stalls , the horses in the stables , the sheep in the sheep-cots : they likewise burned segrave the native soyl of stephen , justiciar of england , with very sumptuous houses , oxen , and corne ; and likewise brought away many horses of great price , returning thence with spoils , and other things . they likewise burned down a certain village of the bishop of winchesters , not farre from thence , and took away the spoils , with other things there found . but the foresaid warriers had constituted this laudable generall rule among themselves , that they would do no harme to any one , nor hurt any one but the wicked counsellers of the king , by whom they were banished ; and those things that were theirs , they burnt with fire , extirpating their woods , orchards , and such like by the very roots . this they did then de facto ; * de jure , i dare not approve it , though in cases of attaint and felony , the very common law to terrifie others , gives sentence against perjured juries , traytors , and felons , in some cases , that their houses shall be raced to the ground , their woods , parkes , orchards , ponds , cut down and destroyed ; their * meadowes , and pastures , plowed up and defaced , though not so great enemies to the state , as evill counsellors . * anno . the forty eight yeers of henry the third his raign ; the king keeping his christmas with the queen , richard king of romans , and many others at london , simon montford the captain of the barons at the same time , preyed upon the goods of these who adheared to the king , and especially those of the queens retinue , brought by her into england , whom they called aliens . among others , some of the barons forces took peter , a burgundian , bishop of hereford , in his cathedrall church , and led him prisoner to the castle of ordeley , and divided his treasure between themselves ; and took divers others of the kings partie prisoners . who thereupon fearing least he should be besieged in the tower by the barons army , by the mediation of timorous men , he made peace with the barons for a time ; promising inviolably to observe the provisions of oxford , that all the kings castles thoroughout england , should be delivered into the custody of the barons ; that all aliens within a certain time should void the realm , except those who should be thought faithfull thereunto by the unanimous consent of the kingdom , and that faithfull and profitable natives of the realm , should thenceforth dispose of the affairs of the kingdoms under the king. but the queen instigated with foeminine malice , contradicted it all she could , which made the people revile , and cast dirt and stones at her , as she was going to windsore , enforcing her to retire again to the tower. how william longshamp bishop of ely , lord chancellour of england , earl john , and others , when they disturbed the peace of the realm , and turned malignants , were apprehended , besieged , imprisoned , excommunicated , and their goods , and castles , seised on by the lords and commons , one of parliament , yea , during the time of king richard the first , his absence and captivitie , you may read at large in * roger de hovedon , * holinshed , daniel , and others . why then the lords and commons in parliament may not now much more do the like , for their own , and the whole kingdoms safety , i can yet discern no shadow of reason . i will not trouble you with histories , shewing what violent unlawfull courses , kings and people have sometimes used to raise moneyes in times of warre , by sacriledge , rapine , and all manner of indirect means ; i rather wish those presidents , and their occasions , buried in eternall silence , then reduced into practise ; and verily perswade my self , that every ingenuous true born englishman , who bears a reall naturall affection to his countrey , or a christian love to his brethren , the parliament , and religion , will according to his bounden duety , the protestation , and covenant which he hath taken , rather freely contribute his whole estate , if need so require , towards the just defence of his countrey , libertie , religion , and the parliament , against the treacherous conspiracies of the pope , jesuites , forraign catholikes , irish rebels , english papists , and malignants , who have plotted their subvertions , then repine at , or neglect to pay any moderate taxes , which the parliament shall impose , or inforce the houses to any extraordinary wayes of levying moneyes , for want of ordinary voluntary supplyes , to maintain these necessary defensive warres . i shall close up all in a few words . the parliament hath much against their wills , been inforced to this present defensive warre , which they have a most just , and lawfull power to wage and manage ( as i have * elsewhere evidenced ) by the fundamentall laws of the realm , yea , by the law of god , of nature , of nations . this warre cannot be maintained without moneyes , the sinews of it ; wherefore when voluntary contributions fail , the houses may by the same laws which enabled them to raise an army without the king , impose necessary taxes for the maintaining of it , during the warres continuance , else their legall power to raise an army for the kingdoms defence , would be fruitlesse , if they might not levy moneyes , to recrute and maintain their army , when raised : which taxes if any refuse to pay , they may for this contempt , be justly imprisoned , as in cases of other sudsidies ; and if any unnaturally warre against their countrey , or by way of intelligence , advise , or contribution , assist the common enemy , or seduce , or withdraw others ( by factious slanderous speeches against the power and proceedings of the parliament , ) from assisting the parliament in this kinde , they may for such misdemeanours ( upon conviction ) be justly censured , confined , secured , and their estates sequestred , rather then the republike , parliament , religion , or whole kingdom should miscarry : it is better that one should perish , then all the nation ; being the voyce * of god , nature , and resolution of all laws , nations , republikes , whatsoever . if any hereticall , scismaticall , or vitious persons , which may poyson others with their pernicious false doctrines , or vitious wicked lives , appear in the church , they may after admonition , if they repent not , yea , and de facto , are , or ought to be * excommunited , the church , and societie of all faithfull christians , so as none may , or ought to converse with them till their repentance . if this be good law and divinitie in the church ; the banishing and confining of pestilent malignants in times of warre , and danger , must by the self-same reason be good law and divinitie in the state. i have now ( by gods assistance ) notwithstanding all distracting interruptions , avocations , remoraes incountring me in this service ; ran through all objections of moment , which the king , or any opposites to this parliament , have hitherto made against their proceedings , or jurisdictions ; and given such full answers to them , as shall , i trust , in the generall , abundantly clear the parliaments authoritie , invocency , integritie , against all their clamarous malignant calumnies , convince their judgements , satisfie their consciences , and put them to everlasting silence , if they will without prejudice or partialitie , seriously ponder all the premises , and ensuing appendix , which i have added for their further satisfaction , information , conviction ; and the confirmation of all forecited domestick laws , presidents , by forraign examples and authorities of all sorts . and if any shall yet continue obstinate and unresolved after so many convincing reasons , presidents , authorities , or still retain an ill opinion of the parliaments proceedings ; i shall desire them onely seriously to consider , the most execrable conspiracy of the pope , jesuites , and popish party in all his majesties three realms to extirpate the protestant religion , subvert the government , parliament , and poyson the king himself , ( if he condescend not to their desires , or crosse them in their purposes , ) whom they have purposely engaged in these warres , still continued by them for this very end , to enforce the king to side with them , and so gain possession of his person , to accomplish this designe of theirs , ( as is cleerly evidenced to all the world , by romes master-peece , the english pope , the declaration of the lords and commons , concerning the rise and progresse of the irish rebellion , ) and then advisedly to consider in what great present danger the kingdom , king , parliament , and religion are , when the popish partie , and forces now in arms have gained the kings , princes , and duke of york●s persons into their custodie , the cities of chester , and of late bristoll , the keyes of england , with other ports , to let in all the irish rebels upon us , to cut our throats in england , as they have cut above an hundred and fortie thousand of our protestant brethrens throats already in ireland , it being one part of their designe , now presently to be executed , as appears by sundry examinations in the irish remonstrance ; for which end , some thousands of irish rebels ( who have all embrued their hands there in english bloud , ) are already landed here , and are in great favour and command about the king ; to which , if they adde the omnipotent over-ruling power of the queen ( the head of that partie ) with the king , and his councell , in disposing all officers , all places of command and trust under him : the confederacie and contributions of forraign popish states , to maintain this warre to ruine the parliament , kingdom , religion , and re-establish popery in its universall extent ; with the large progresse the papists have lately made in ireland , scotland , and england , to accomplish this their long-agitated conspiracie ; and the late strange proceedings in ireland , where the best protestants are displaced , disgraced , restrained ; the popish rebels advanced , and a truce negotiated , if not fully concluded with the rebels , to the end that all their forces may be speedily transported hither to ruine our religion , and cut all our throats ( enough to awake the most stupid english spirits , and rouze them , up to a speedy unanimous resolution to unite all their purses , and forces to the parliament , against the popish conspirators , and these bloody butchers now ready to devoure us : ) and then i dou●t not , if they have any true love to god , religion , king , countrey , themselves , or their posterities , they will soon change their former opinions and practises against the parliaments just proceedings and joyn hearts , hands , forces , yea , their uttermost endeavours with them , to prevent and ward off that imminent destruction which now hangs over our heads , and will in short time wholly ruine us , if god open not our eyes , and unite not all our hearts and mindes unto the parliament , with one unanimous resolution to oppose these cursed confederates , who have plotted , occasioned all these warres and miseries , under which our kingdomes now groan and languish ; which long plotted treacherie in humane probabilitie can no wayes be prevented , nor a settled peace , and reformation established , but with the totall suppression of the popish partie now in arms , and by rescuing his majesties person , children , forces out of their trayterly hands and power , whose death they have conspired long agoe , if he refuse to grant them an universall open toleration of their antichristian religion , in all his kingdoms , and then to seise upon the prince , and train him up in their religion ; which how easie it is for them to effect , now they have the king , prince , the kings ports , his forces in their power , yea potent armies of their own in the field here , and such a force of irish rebels now ready to be shipped over to chester , milford , and bristoll , for their assistance , and enforcement , to over-power the protestant party in the kings armies , no understanding man can without fear and trembling , co●sider . o then , if ever we will shew our selves faithfull , valiant , couragious , magnanimous , bountifull , really cordiall , and loyall to our king , kingdoms , countrey , parliament , religion , laws , lives , liberties , kinred , families , posterities ; let all who professe themselves protestants lay aside all causelesse jealousies and prejudices against the parliament , or any others ; and now speedily unite all their prayers , hearts , hands , purses , forces , counsells , and utmost endeavours together , to defend , secure them all against these forraign and domestice jesuiticall romish confederates ; and if any prove traiterous , fearfull , cowardly , unfaithfull , base , or faint-hearted in this publike cause , as too many , ( who deserve to be made spectacles of treachery and cowardise to posteritie , and cannot without injustice or dishonour to the parliament and kingdom , be suffered to scape scot-free , without severe exemplary punishment , ) have done , to their eternall infamy , and betraying of their countrey ; the present generations shall abhorre them , posteritie curse , and declaim against them , as most unnaturall monsters , unworthy to breath in english ayre , or enjoy the name , the priviledges of english men , or protestants . there is a double kinde of treachery in souldiers , both of them adjudged capitall . the first proceeds from a sordid pusillanimous fear , unworthy the spirit of a souldier : and this is c●pitall , both by the civill and common law. by the * civill law ; the souldiers who first begin to flye , or but fain themselves sick , for fear of the enemy , are to be adjudged to death for this their cowardize . yea lacaena and dametria , two magnanim●us women , slew their timorous sonnes , who fled basely from the battle , with their own bands , disclaiming tbem as degenerous brats , and not their sonnes ; the latter of them inscribing this epitaph on her sonnes tombe . hunc timidum mater dametriam ipsa peremit , nec dignum matre , nec lacedaemonium . indeed * charondas and the thurians , enacted , that cowards who basely fled or refused to bear arms for their countries defence , should set three dayes one after another in the open market-place , clad in womans apparell ; ( a punishment farre worse then death it self , writes diodorus siculus ) whereas all other lawyers made it capitall ; yea , our * common law adjudgeth it treason : witnesse the notable cases of gemines and weston , . r. . num . , . who were adjudged traytors in parliament ▪ for surrendering two castles in france , onely out of fear , when they were strongly besieged , and battered , sooner then they needed , without any compliency with tbe enemy : the case of * jobn walsh esquire , accused of bigh treason in parliament against the king and kingdom , for yeelding up the castle of cherburg in france , to the enemy , when as he might have defended it . and the case of * henry earl of essex , in the second yeer of henry the second , accused of high treason , by robert de monfort , and vanquished by him in a duell , waged thereupon ; for throwing down the kings standard ( which he bare by inheritance ) and flying , in xpassing a straight , among the mountains , when fiercely encountred by the welsh . for which , though his life was pardoned , yet he was adjudged to be shorne a monke , put into the abbey of reading , and had his lands seised into the kings hands . and as for * treacherous revolting to , or delivering up castles to the enemy , it is capitall , and high treason by all laws , and so resolved in parliament , . r. . in the case of * thomas ketrinton esquire , accused of high treâson by sir john ann●sley knight , for delivering up the castle of saint saviour in the isle of constantine , to the french , for a great summe of money , when as he neither wanted provisions , nor means to defend it . as for those unnaturall vipers , and traytors , who shall henceforth ( after this discovery ) joyn with the popish conspirators , to ruine their religion , countrey , and the parliament , for private ends , as * count julian the spaniard joyned with the mores , an. dom. . whom he brought into spain , his native countrey , furiously pursuing his own private injury with the ruine of the publike . i shall onely bestow his epitaph upon them , with which i shall conclude this treatise . maledictus furor impius juliani , quia pertinax ; & indignatio , quia dura : vesanus furià , ammimosus furore , oblitus fidelitatis , imm●●or religionis , contemptor divinitatis , crudelis in se , homicida in vicinos , reus in omnes . memoria ejus in omni ore amarescit , & nomen ejus in aeternum pu●●escet . finis . an appendix : manifesting by sundry histories and authors , that in the ancient roman kingdome and empire ; in the greek and german empires , derived out of it ; in the old graecian , indian , aegytian realmes ; in the kingdomes of france , spaine , italy , hungary , bohemia , denmarke , poland , sweden , scotland , yea , of judah , israel , and others mentioned in the scripture ; the supreame soveraignty and power , resided not in the emperours and kings themselves , but in their kingdomes , senates , parliaments , people , who had not only a power to restrain , but censure and remove their emperours . and princes for their tyranny and misgovernment . with an answer to the principal arguments , to prove kings above their whole kingdomes and parliaments , and not questionable nor accountable to them , nor censurable by them for any exorbitant actions . having finished the preceding treatise ; which asserts , the supreame authority and soveraigne power in the realme of england , legally and really to reside in the whole kingdome , and parliament , which represents it , not in the kings person , who is inferiour to the parliament : a doctrine , quite contrary to what court prelates and chaplaines have for sundry yeeres inculcated into our kings and people ( who preach little else but tyranny to the one , and slavery to the other , to support their owne lordly prelacy , and hinder an exact church reformation ) and directly opposite to the resolutions of many malignant courtiers , lawyers , and counsellours about his majesty ; who have either out of ignorance or malice , created him a new utopian absolute royall prerogative , unknowne to our ancestors , not bottomed on the lawes of god or the realm ; for maintenance of each punctilio whereof , against the parliaments pretended encroachments , the whole kingdome must be engaged in a destructive civill warre , now like to ruine it : i could not but conjecture , how in all probability these clergy men , courtiers and lawyers , out of their unskilfulnesse in true divinity , history , law , and policy would upon the first tydings of this strange doctrine , passe a sentence of excommunication and death against it , as guilty not onely of heresie , but high treason ; and judge it such a monstrous antimonarchicall paradox as was never heard of in , much lesse claimed or practised by any kingdome , realm , or monarchy whatsoever : to anticipate which rash censures , and undeceive both kings and subjects whom these grosse parasites have over-long seduced in this point , to their prejudices , convince the consciences of all gainsaying malignants , irradiate this long obscured verity , whose seasonable discovery , may through gods blessing , conduce very much to period the present differences between king and parliament , touching matters of prerogatives and priviledges claimed by either ; i conceived it , not only expedient but necessary , to back theforecited presidents of our own kingdom with paralelled examples in most forraign realmes and monarchies ( in which it is not mannerly to be overbusie without just cause ) which i have faithfully ( though sudenly ) collected out of the best approved authors and historians ; whereby i shall infallibly prove , that in the roman state and empire at the first , in the greek empire since , in the german empire heretofore and now ; in the ancient kingdomes of greece , egypt , india , and elsewhere ; in the kingdomes of france , spaine , hungary , bohemia , denmarke , sweden , poland , scotland , and most other kingdomes in the world , ( yea in the kingdomes of judah and israel , and others mentioned in scripture ) the highest soveraigne authority , ( both to elect , continue , limit , correct , depose their emperours and kings , to bound their royall power and prerogatives , to enact lawes , create new offices and formes of government ) resided alwayes in these or princes persons . i shall begin with whole kingdomes , senates , dyets , parliaments , people , not in the emperors , kings , the roman state , as having much affinity with curs , * which was long under their command heretofore . after the building of rome by romulus and remus , a romulus being elected king , divided the people into two rankes ; those of the highest quality , he stiled senators , making them a court of counsell and justice , much like our house of peeres ; the other he termed the people , being the body of the state , and representing our house of commons . in this distinction , made by the peoples consent , the soveraigne authority to elect succeeding kings , to enact binding lawes , to make warre , or peace , and the like ; rested not in the kings person , but in the senate and people joyntly , if they accorded ; yet principally in the people , in case either of assent or dissent between them ; their very kings and lawes having their greatest power and efficacy chiefly from the peoples election and assent . to begin first with their kings election and authority . b when romulus their first king deceased , there arose a great controversie in rome about the election of a new king ; for though they all agreed to have a king , yet who should chuse him , and out of what nation he should be elected , was then controverted . in the interim to avoid confusion , the senators , being . divided the regall power between them , so as every one in his turne in royall robes should doe sacrifice to the gods , and execute justice six houres in the night time , and six houres in the day ; which tended to preserve an equality among the senators , and to diminish the envie of the people , when in the space of one night and day , they should see one and the same man , both a king and a private person . but the people disliking this interregnum ( as tending to put off the election of a king , that the senators might keep the principallity , and divide it among themselves ) c cried out , that their bondage was multiplyed having an hundred lords made instead of one , neither would they suffer it any longer , unlesse they would admit a king , created by themselves : hereupon the senate , thinking it best to offer the people that , which they were like to lose , to gaine their favour , summa potestate populo permissa , permitted to the people the chiefe power of electing a king : but yet that they might not give away more right , then they deteined : they decreed , that when the people had commanded and elected a king , it should be ratified , if the senators should approve it , or be reputed the authors of it : then the interex assembling the people , spake thus unto them : o romans regem eligite , chuse yea king : so the senators thinke fit , and if he be one worthy to succeed . romulus , they will approve him . this was so gratefull to the people , that lest they should be overcome with the benefit , they commanded , that the senate should decree who should reigne at rome . at last , numa pompilius was named ; and none of the people or senate daring to preferre any before him ; all of them joyntly decreed , that the kingdome should be conferred upon him . whence canubius the tribune of the people in his speech against the consuls , long after , used these words d numa pompilius populi jussu patres autoribus , romae regnavit . reges exacti jussu populi : which manifests , the chiefe power to be in the people . numa departing , e tullus hostilius by the people command , consent and approbation was made king , which livy thus expresseth ; tullum hostilium regem populus jussit , patres auctores facti : after him , the people created ancus martius king f regem populus creavit ; patres fuêre auctores : after him g ingenti consensu populus romanus tarquinium regnare jussit : the people of rome with great consent commanded tarquin to reigne . but hedying ; servins having a strong guard to defend him h primus injussupopuli , voluntate patrum regnavit , was the first that reigned without the command of the people , by the senates consent ; yet doubting his title for want of the peoples votes , and young tarquin his competitour , giving out speeches , i se injussupopuli regnare , that he reigned without the peoples command ; he thereupon so courted the commons , by dividing the lands he had taken from the enemies among them , that at last he appealed to the people , vellent nolerintve se regnare ? whether they would or would not have him reigne ? tantoque consensu , quanto hand quisquam alius ante rex est declaratus . but tarquin the proud affecting the kingdome slew servius ; and k non commitiis habitis , non per suffragium populi , non auctoribus patribus : without the election of the people or senate , usurped the crowne ; neque enim ad jus regni quicquam praeter vim habebat , ut qui neque populi jussu , neque patribus auctoribus regnaret , writes livy : whereupon reposing no hope in the love of the people , he endeavoured to defend his usurped soveraignty by force : to which purpose , he of himselfe , without the senate or counsell , tooke upon him the conusance of capitall offences ; and by colour hereof , not onely to slay , banish , and plunder those whom bee suspected or hated , but even those from whom hee could expect nothing but prey . then he lesseneth the number of the senate to diminish their esteeme and power , and at last to subvert it . hee was the first of kings who dissolved the custome used by all his predecessours , de omnibus senatum consulendi , of consulting with the senate about all affaires , and administred the common-wealth by his domesticke counsels ; making warre , peace , truces , leagues with whom he would , injussu populi & senatus , without the peoples and senates command ; which tyrannicall usurpations of his , with his ravishing of lucretia , caused brutus and the incensed romanes to rise up in armes against him ; deprive him of his crowne , banish him , his wife and children , utterly to abolish the kingly government by a decree , and to take a l solemne oath , ( lest afterward they might bee overcome by royall intreaties or gifts ) that they would never suffer any king to reigne in rome : which act of brutus and the people is highly magnified by livie and m tully . this done , the n people created two annuall consuls , who had the power , but not the name and continuance of kings , annuum imperium consulare factum est : brutus the first consull was slaine , whilest hee was consull , and valerius his companion being suspected by the people to affect the kingdome , because hee demanded no new companion : valerius heereupon calls the people together o layes downe his fasces ( the badges of his soveraignty before them ) which was a gratefull spectacle to the people , confessionemque factam ; populi quam consulis majestatem vimque majorem esse ; and a confession made , that the people had greater soveraignty and power then the consul , who yet had regall jurisdiction . and then there were lawes enacted , of appealing from the consul or magistrate to the people , and that hee should lose both his head and goods , who should but consult to usurp the kingdome . in briefe , it is clearly agreed by p dionysius halicarnasseus , q polibius , r livy , s alexander ab alexandro , t bodin , ( and v most who have written of the roman republike ) that the soveraigne authority among the romans , during their kings , consuls , dictators , and other magistrates , was originally vested , not in the kings , senate , consuls , or other magistrates , but in the whole body of the senate , and people ; the people had the chiefe soveraigne power of enacting and confirming lawes , ( the senates decrees and lawes being of no validity , unlesse the people ratified them ) of creating and electing kings , dictators , tribunes , and all other great publike officers ; of denouncing warre , and making peace : these tribunes , and dictators might restrain , curb , imprison , censure , depose the roman consuls ( who had regall power ) yea , the roman kings , senators , and highest officers ; and to them the x last appeale from king , senate , or other magistrate might be made , as to the highest tribunall : they having power likewise to y change or annull the very frame of their publike government , which they oft times did , as these authors prove at large , to whom for brevity i referre the reader . yea , after the roman empire ( the greatest , largest soveraignty in the world ) was erected , the supream power still rested in the senate and people , not in the emperors themselves , which z bodin grants and proves . this is clearly evident by these ensuing particulars : first , the senate and people had sole right and lawfull power both to elect and confirme their emperors , and to decree them new honours , titles , triumphs ; which power of election , though some emperors in a sort usurped , by adopting their successors , and the roman souldiers too , by presuming sometimes to elect emperours without the senate ; yet these adoptions and elections were not held valid , unlesse the senate approved and confirmed them , who usually elected all their emperors , as of right , according to that of the panegyrist , imperaturum omnibus ex omnibus elegi debere ; plinius panegyr . trajano dictus , and jacobus valdesius , c. . this appeares by the election and confirmation of most emperors from a octavius to leo the first , and more particularly by the senates and peoples election and confirmation of nerva pertinax , severus , gordianus , maximus pupienus , clodius balbinus , philip , decius , trebonianus , galienus , claudius the second , ta●itus , probus , iovinianus , aurelius , and others . this right of the senate was so cleare , that b after the death of aurelianus , the army sent word to the senate , that ( as reason was ) they should chuse and name an emperor , and that they would obey him . after six months space ( during which time the empire was governed by the senate ) the senate made choice of tacitus , who earnestly refused the same at first , but in the end accepted thereof , to the great joy of the senate and roman people . after whose decease c prebus , being chosen emperor by the legions and army , he presently wrote a letter to the senate , excusing himselfe for having accepted the empire without their knowledge and confirmation : whereupon the senate confirmed his election with many blessings , gave him the name of augustus , father of the countrey ; made him high priest , and gave him tribunall power and authority . secondly , this is manifest by the confessions , and actions of the best roman emperours . d volateranus writes of trajan ( the e best heathen emperor that rome enjoyed , that he used to call the senate , father , but himselfe their minister , or servant of their labour ; and that standing , he did reverence to the consuls sitting , quia se illis inferiorem ex legibus esse reperiret , because he found by the lawes he was inferior to them . whence f dion , g niciphorus , and h speed record of him ; that when he invested any praetor or commander , in giving him the sword , he openly commanded him before all , to use the same even against his owne person , if he governed not the empire well , or violated law and equity ; confessing thereby , that he was subject not only to the lawes , but to the sword of justice too , in these officers hands in case he did offend , much more then to the senate . i read of the emperor i decius , elected by the senate ; that he preserved the authority of the senate , ( who compelled him to make his sonne his companion in the empire ) following their counsell in all matters of government , governing all things with great wisdome and equity , by the advice and consent of the senate , to the great contenment of all the roman people ; and going into thracia against the gothes , he left the government in the hands of the senate ; permiting them to chuse a censor at their pleasure , who had supreme iurisdiction over all men ; which office some former emperors had usurped , making themselves censors . so k claudius the second , and tacitus did nothing without the consent , advice , and counsell , of the senate , either in matter of warre or peace . and l polybius writes expresly , that the roman emperors counsels and purposes were efficatious , or invalid , at the pleasure of the senate , which had power to remove or continue them , to encrease or abridge their power and wealth ; to decree or deny them triumphs , towards which they contributed ; and and that they could neither make warre , nor peace , nor truces , without the peoples consent . their emperors in truth , being but their chiefe generals in their warres , at the first , in right . thirdly , they had power to create one , two , or more emperors at once , as appeares in their election of m gordianus , the father and sonne to be joint-emperors at once , and of maximius pupienus , and clodius balbinus , and gordianus , to be caesars at once . and those who could thus create more emperors then one , when they pleased , no doubt had a power above the emperors . fourthly , they had a soveraigne power , judicially to convent , censure , yea to depose , and adjudge their emperours to death , for their tyranny and misgovernment : this appeares by the case of nero , that wicked emperour n whom the senate judicially deposed , condemned for his tyranny and misgovernment , as a publike enemy to the state , adjudging him to have his head fastned to aforke , and so to be publikely whipped to death , and then precipitated from a rock : upon which sentence he being sought for , and forsaken of all , to avoyd the execution of it , murthered himselfe with a poinyard . so when o domitian was slain , the senate assembling the same day , caused all his statues to be throwne downe , and all the inscriptions and memorials of him to be cancelled , defaced ; and elected nerva emperour . p didus julianus who purchased the empire by bribing the soldiers , comming to rome with an army , went to the senate , where assembling such senators as were present , by their decree he was proclaimed emperour , and they presently made his son in law cornelius repentinus praetor of rome , putting sulpetianus out of that office , and from thence he was caried to the imperiall pallace , and held for emperour , more through force , then good will of any honest men : but the people hateing , and cursing him ; at last , a full senate being assembled , by the common consent of all the senators , it was decreed , that julianus should be deprived of the empire , as a man unworthy to rule , and severus proclaimed emperour ; to whom two of the principall senators were sent to yeild him their obedience , with the ensignes of the empire , and julianus being generally abandoned , they commanded him to be slaine in his pallace . q heliogabalus ( that monster of wickednesse ) was slaine by the praetorion souldiers by the senates and peoples approbation , who commanded he should no more be called antoninus , and that in detestation of him , no other emperour should after that be called by this name , and that he should be called tiberinus , according to the manner of his death , his body being tyed to great stones , and sunke in tiber , that it might never be found . so r maximinus the emperour oppressing , and tyrannizing over the people , with great cruelty , was deposed by the senate , and he , with his sonne ( though already made caesar , and declared emperour ) adjudged enemies and rebels ; and gordianus with his sonne elected and proclamed emperours by the souldiers , people , and senate of rome . after which they , considering the great power of maximinus , ●o secure the city , made great preparations to resist him , and writ letters to all their provinces , that ſ all those governours that maximinus had there placed should be displaced ; which direction was generally obeyed , and the governours most of them slain . thereupon maximinus then in hungary , posts with his army , and son towards rome ; and young gordianus being slain & his father strangled in the interim ; the senate assembled in the temple of jupiter , chose maximus pupienus and clodius balbinus emperours , and to please the people which consented not to their election , they likewise named young gordianus caesar , and raised forces to resist maximinus , who lying before aquilia , his souldiers hearing that he , with his sonne were proclamed rebels at rome , and new emperours elected , came bodily to their pavilions about noone , slew them , and sent their heads to rome . by these , with sundry presidents of like nature , it is apparent , that the soveraigne power and jurisdiction , even after the roman empire erected , continued still in the senate and people , to whom the emperours were responsible , by whom they were deposed , yea put to death for their misdemeanours and offences against the state , and oppressions of their subjects : which power they retained till the emperours removed their courts from rome to constantinople , by which meanes the authority of the senate , and dignity of the consuls was almost wholly lost by degrees , in justine the seconds reigne . after the seat of the empire was translated to constantinople , the senate , people , souldiers , and patriarchs of constantinople , claimed a right , and power to elect their emperours , to prescribe conditions , and oaths unto them before they were crowned ; as also a power in some cases to depose them , yea execute them , as you may read at large in their t lives ; of which i shall recite some instances . v julian the apostate dying , jovinian , assensu omnium , by the joynt assent of all the souldiers , captains , and people was elected emperor ; who absolutely refused the empire , saying ; that he being a christian would not be an emperor over infidels : but all men were so pleased with his election , that they cryed out aloud saying ; we are all christians ; and for his sake , those which were not so , resolved to become christians , upon condition that he would accept the empire ; which he thereupon accepting , with incredible joy and gladnesse , they swore obedience to him , and gave him the imperiall ensignes . he being casually smoothered to death ; x valentinian the first was by the joynt consent of the captains and souldiers , chosen emperour : after which , the empire went by descent till the death of valentinian the second and then y martianus by means of endoxia , with the senates and patriarchs assent , was elected and crowned emperour : after whose poisoning z asper sought to have been his successor ; but being an arrian , the orthodox christians of constantinople would by no means elect him ; whereupon , accepta a populo potestate , he named leo emperour , having received power so to doe from the people . leo adopting one of aspars sonnes caesar , the senate and people were so much displeased at it , fearing that an arrian should reigne over them , that they went tumultuously to the emperour , defiring him to remove him from that dignity , who soone after flew both him and his father . a basiliseus usurping the empire against the senates and peoples consents , who hated him for his tyranny ; the people sent for zeno , whom he expelled , received him into constantinople , and restored him to the empire ; after whose death b anastasius , de sententia senatus & legionum , was elected emperour by the senates and legions decree . he dying , c justinus , by the generall consent both of the senate , people , and souldiers was elected emperour , though but a swineheard in his yonger dayes ; who creating justinian for his successor , the people gave their consents thereto , with happy acclamations . so d constans the second was made emperour by the senate of constantinople . e philipicus usurping the empire against the peoples and senates liking , they rose up against him , deposed him : and as f beda g marianus h otho frisingensis and i abbas vspergensis write ; the people of rome decreed , that neither his name , nor letters , nor coyne should be received . and the k senate and people of constantinople created anthemius emperour in his place , giving him the name of anastatius . thus l michael curaepalata was created emperour by the senate in the life of stauratius who intended to leave the empire to theophanon his wife . so m theodora , a toto senatu , populo & sacerdotibus , was elected and saluted empresse . n isatius angelus was elected emperour , and andronicus deposed , apprehended and put to death by the people of constantinople for his tyranny and oppression . after whose death o baldwin earle of flanders , a frenchman , was elected emperour by the souldiers and people , upon condition , the venetians should elect the patriarch : in whose blood the empire continued p four descents and then returned to the greekes . and as the senate and people of constantinople had thus the right of electing their emperours , so likewise q they and the patriarch of constantinople prescribed a conditionall coronation-oath to divers of them , which they were to take before they were crowned , and to deliver it under their hands in writing . anastatius dicori , being chosen emperour after zeno his death , r euphemius the patriarch of constantinople before he would crowne him , exacted of him a confession of his faith in writing , wherein he should promise , that he would innovate nothing in eclesiasticall doctrines &c. whereupon he delivered a writing to the patriarch , wherein he professed , that he did embrace all the tenents of the church , and that he would keep all the decrees of the councell of chalcedon ; which done , he was crowned , and then presently tooke away the grievous tribute called aurargenteum , which much oppressed the people . thus when ſ michael rungabis was elected emperour , and came to be crowned , nicephorus the patriarch first required of him a writing , wherein he should promise , that he would violate no ordinances of the church , nor defile his hands with the blood of christians : which conditions * bishop bilson grants , the people had power to prescribe , the empire being elective , but not the patriarch alone . and with all these patriarchs sometimes presumed to excommunicate and keep their emperours out of the church for murthers and such like offences , as appeares by t polyenctus keeping john zimis●ea out of the church , and refusing to crowne him , till he had banished the empresse theophano and those who slew nicephorus ; and by photius his putting by the emperour basilius from the sacrament , when he came to receive it , for homocidies committed by him . fifthly , the roman senate and people had power to divide the empire , and to create a new emperour at rome in the west , distinct from that of constantinople in the east : about the yeare of christ v gensericus king of the vandals wasting italy and sacking rome whiles marcianus the emperour resided at constantinople , the senators and roman gentlemen returning to rome when gensericus had lost it , wanting an emperour to protect them , chose avitus by common consent for emperour of rome , italy , and sicilie , of which marcianus was very glad , and approved his election : and not long after , whiles leo the first raigned at constantinople , the senate successively elected olibrius and glizerius emperours of rome , italy , and sicilie ; yea , the very finall division of this great empire into that of the east and west , and th●e creation of a new roman emperour , and empire of the west , with the transferring of the imperiall crown from the greeke to the german line , was done by the authority , and joynt consent of the people , senate , and bishop of rome , upon this occasion : as x blondus y sabellicus and z others relate . aistulfus king of the lombards invaded and spoyled those parts of italy belonging to the romans ; who being unable to resist or pacifie him ; the bishop and city of rome hereupon sent messengers to their emperour consantine to constantinople , for ayd , assuring him , that unlesse he sent them ayd the city and whole country would be subdued by aistulfus : but whiles rome and italy were ready to sinke under those ruines constantine had no manner of care to relieve them ; and the messengers that were sent to him , signified by letters , that there was no looking for help from constantine , either for that he would not , or could not , and therefore they must seeke some other way : in the meane time aistulfus sent heralds to menace the bishop and people of rome , that unlesse they would yeeld themselves and their city , he would come and take them by force , and kill man , woman , and child . hereupon they being out of hope to pacifie the enemy , or to receive help from constantine ; the pope , together with the people of rome , determined to send messengers to desire ayd from pepin father to charles the great , then king of france , who sent them succour , subdued their enemy , and quieted italy . after which , charles likewise ayding and succouring both the pope , and romans against their enemies , and comming in person to rome ; the romans ( who in heart were long before falen from the emperour of constantinople , because he began to neglect the city of rome , and to leave it as a spoyle to the barbarians and others ) taking this occasion and opportunity , and grieving that the empire of the world , which with their blood they had gotten , and established by their vertues , should be governed and ruined by irene ( a lewd woman ) constantines mother ( who swayed all at her pleasure ) did thereupon elect and proclaime charles for their emperour , and commanded pope leo to crowne him . a platina , b blondus , c nauclerus , d sabellicus , e aventinus , f sigebert , g ●risingensis , and h aeneas sylvius , all record ; that this was done ( not by the popes authority alone , ( as some late romanists pretend , for he poore man had no such power ) but by the decree , determination , assent and request of the senate and people of rome ; who , tacito senatus consulto plebis citoque decernunt to transferre the empire jure suo , by their owne right , from the greekes to the germans , and from constantine to charles the great : ever since which time it hath continued thus divided in the blood of clarles , and other french and german princes . a most cleare demonstration , that the most absolute soveraigne power and disposall of the empire resided not in the emperours themselves , but in the sen●●e and people , even from the very first emperours , till this partition of the empire ( more then yeares space , ) and that their emperours neglect to protect , to ayde them against their enemies when they needed , and craved help , was a iust ground for them to reject his soveraignty ; yea , to create a new empire , and emperour of another race , as i pope leo with all the roman clergy , senate , and people then resolved ; not only in point of state policy , but of conscience too : upon which very k ground ; not only the spaniards fell off from the roman empire , electing them kings , and erecting kingdomes of their own : but likewise our l iland of brittain ( the fairest plume of the roman diadem ) rejected the roman yoake and government , to which it had been subject almost yeares ; craving ayd against the scots and picts from the saxons , who therereupon became their soveraigne lords at last , and disposessed them of the kingdome : now , that these revolts and changes of the empire in this case were lawfull even in point of conscience , we have the resolution of bishop bilson himselfe , ( in his booke dedicated to queen elizabeth , wherein he professedly defends the soveraignty of kings ) in these very words m the roman state and commonwealth had as good right to dispose the roman empire , as all other christian and heathen kingdomes and countries had to settle the sword and scepter that reigned over them . and since all n other nations once members of the roman empire , were suffered to plant those severall formes of regiment which they best liked , and when the right heires failed to elect their owne governours , i see no cavse why the romans might not provide for themselves as well as other realmes had done before them ; especially if the reports of your stories be true ; that they were neglected by the grecians , when they were beseiged by the lombards ; and the scepter at constantinople went not by descent , or succession , but by violent and wicked invasion , and usurpation . so he ; with whom cassanaeus in his catalogus gloriae mundi : pars consid . . p. . accords . and iacobus valdesius , de dignitate regum hisp . c , . n , , . sixthly , after this division , and translation of the empire unto charles the great , the roman empire for a time , by permission and connivence of the french , & german states , went by succession till charles the grosse ; after him wholly by election , o the power of electing the emperour residing in all the french & german princes , till at last it was by consent , about the yeare . translated to the , or rather p . princes electors : yet during all this time the soveraigne power and iurisdiction of the empire resided only in the german princes , states and diets ( not the emperours themselves ) who had power , not only freely to elect what emperours they pleased , but also to censure , and depose their emperours upon just grounds , and to set limits to their imperiall iurisdictions . not to trouble you with the histories of q ludovicus pius , otho the great , henry the , , , , , , . lotharius , fredericke barbarossa , phillip , otho the fourth & fifth , fredericke the , . albert the , ludovicus bavarus , sigismond , and other emperours , who were much affronted , persecuted , warred against , and some of them unjustly deposed and murthered by their subjects , sons , and the princes electors , through the popes procurement ; i shall pitch only upon such presidents as are pertinent to my purpose r charles the third surnamed the fat , though he came to the empire by discent , yet the princes , dukes , and governers of the provinces of germany , and france , seeing his great insufficiency , and unaptnesse to governe ( he being growne a very foole and having lost his understanding ) did thereupon deprive him of his empire , and other kingdomes ; and elected and crowned arnolph emperour in his stead : he being thus degraded both of realme , empire , and forsaken of all the world , not having so much as an house wherein to shroud himselfe , retired into a poore village of suabe , where he lived some few dayes in excream misery , and penury , and soone after dyed ; not lamented nor pitied of any man : which deposition of his , i have formerly proved lawfull ; though his subsequent ill usage was no doubt dishonourable , and unjust . so the emperour s wenceslaus was deposed by the princes electors of the empire , for his insufficiency to governe , and the little care he tooke to suppresse and pacifie the civill warres and dissentions in the empire , giving himselfe over to vaine pleasures and delights , which made his government dangerous , and unprofitable for the empire , and christian common wealth ; and rupert made emperour by them in his room . after this , about the end of t rodulph the second his imperiall raigne , the electors called a dyet at nurenberg , from whence they sent ambassadors to the emperour to acquaint him with the state of the empire ; who told him , that the electors required above all things a reformation of justice : that he should make choice of more faithfull officers and councellors then formerly he had done : that a generall dyet might be called the spring following : that the reason of the bad government of the common weale was , for that his majesty did not impart the important affaires of the empire unto them , as his predecessours had done &c. whereupon he appointed a generall dyet to redresse these disorders ; but dying before the day , according to the golden bull made in the yeare the elector palatine , and he of saxon , were appointed vicars , governours , and administrators of the empire untill there were a king of romans chosen to be emperour . after which they elected mathias , who as emperour and king of the romans u had not any city or towne within the empire , the whole territory of germany belonging to the electors , bishops , abbots , princes , earles , noblemen , and free townes . what power the princes electors , and german states had , and yet have in electing , rejecting , deposing , restraining their emperours ; in calling diets , and making lawes , you may read more largely in x munster , and y grimston : by all which , and other particulars , which for brevity i shall omit , it is most evident , that the supream soveraigne authority of the roman state , both under their ancient kings and emperours , and of the greeke , and german empires resided not in the kings and emperours themselves , but in their senates , diets , people , states , who prescribed them conditionall oaths at their coronations , and to whom they were still accountable for their actions and misgovernment , this z iohn bodin ( a famous learned french lawyer , of great experience in state affaires , surpassing all who writ before him of republikes ) plainly affirmes in these words . the roman emperours were at first , nothing else but princes of the common weale , that is to say , the cheife and principallmen : the soveraignty neverthelesse still resting in the people and senate , the emperour having the soveraigne authority only in fact , not in right : the state being but a very principality , wherein the people had the soveraignty . so the german empire at this day is nothing else , but an aristocraticall principality : wherein the emperour is head and chiefe , the power and majesty of the empire belonging vnto the states thereof , who thrust out of the government adolphus the emperour , in the yeare , and also after him wenceslaus in the yeare ; and that by way of ivstice , as having ivrisdiction and power over them . a and so properly ancient romans said : b imperium in magistratibus , auctoritatem in senatu , potestatem in plebe , maiestatem in populo ; command to be in , the magistrates , authority in the senate , power in the maeniall people , and majesty in the people in generall . the senate in rome did consult , the people command : for livy oft times saith : senatus decrevit , populus iussit : the senate hath decreed , and the people commanded ; which he there more largely prosecutes , as you may read at leysure . to all which c bishop bilson himself doth fully assent , affirming , that germany is a free state , that the emperour holds the empire by election , and that but on condition , which he takes an oath to performe . and if he violate their liberties , or his oath , they may not only lawfully resist him by force of armes , but repell and depose him as a tyrant , and set another in his place , by the right and freedome of their countrey . and d cassanaus holds , that the people may take away the very name of the emperour at this day , degrade him , and resume his royall power . this then being an unquestionable verity ; disproves that palpable common mistake of e dr. ferne with other ignorant court doctors and royalists , who would make the world and kings beleeve , that the roman emperours were of greater power and authority than the senate , people ; the highest powers upon earth to which all persons , yea the senate and people collectively considered , ought to submit ; and that it was unlawfull either for the senate or people forcibly to resist caligula , claudius , nero , and other their wickedest , and most tyrannicall emperours : much lesse to depose , take armes against , or call them to a strict , just account for their tyranny , oppression , or misgovernment , it being directly contrary to pauls doctrine rom. . , to . let every soule be subject to the higher powers , &c. which false groundlesse principle , is the sole foundation upon which all their late sermons , books , and rayling discourses against this parliaments proceedings and taking up of defensive armes are built ; when as in truth , the senate & people were the highest powers , to whō the roman emperours themselves were to be obedient in all iust requests & commands , under paine of damnation , and subiect to the senates sword of ●ustice in case of disobedience & misgovernment , as all the premises evidence ; yea it likewise manifestly evidenceth , that whole states & parliaments are the highest power and above their kings , who are subject to thē , since the roman and greek senates and people heretofore , & the very german states at this day are the highest power and above their emperours , though ever reputed of f greater power , soveraignty and dignity than any kings , and the greatest monarchs in the world : and that therfore kings , even by pauls doctrine rom. . ought to be subiect to the higher power and iurisdiction of their parliaments , the laws and statutes of their realmes ; and to be accountable to them , if not subiect to their censures , as some affirme , in exorbitant cases of misgovernment which concern the kingdomes and peoples safety . if kings iniuriously take away the lands , goods , or imprison the persons of any particular subjects , the g law gives every one a particular remedy against them by way of action , or petition of right . if then every private subiect may have redresse , much more the whole kingdome , ( in and by parliaments only not in inferiour courts ) against their soveraigns which oppresse them ; who being subiect unto the lawes of god and their realmes , which have h no respect of persons , may as many affirme , be questioned and iudged by them in their parliaments as well as other princes , great officers of state and magistrates who in scripture are called i gods , the higher powers and said to be k ●rdained , to rule l judge by and for god , as well , as kings and emperours . it is branded as a spice of m antichristian pride in popes and their parasites , to deem themselves so high above other men , that they are accountable to none but god for their wicked actions , though many popes in former and later times , have been n questioned , consured , imprisoned and deposed both by emperours , kings , and councels for their intollerable misdemeanors . and is it not the very selfe same crime in kings , in emperours , and their flatterers , to hold this popish erronious opinion , that they are in no case responsible to their whole kingdomes or parliaments for their grossest exorbitances ? our o popish prelates and clergy generally heretofore , and some of our protestant p bishops and divines of late times , from st. ambrose his practise , have held , that kings for murthers , rapes , and great crying offences may be lawfully excommunicated and censured by the spirituall law and sword , as sundry emperours and kings have been ; then why not likewise by the temporall , when their parliaments and whole kingdoms see just cause , the case of hundreds of emperours and kings in former times , as the histories of all nations and ages prove abundantly , beyond all contradiction ? i shall here instance in some few kings censures subject to the roman state and empire , with whom i shall conclude this discourse touching the roman monarchs q deioratus king of galatia under the romans iurisdiction , and one of their allies , was accused of treason , and condemned to lose both his head and estate for certaine offences against c. caesar , and the roman state ; as appeares by tullies oration to caesar in his behalfe , to procure his pardon ; which because it was the first president of this kinde , made his advocate say ; tamen it a inusitatum est , regem capitis reum esse , ut ante hoc tempus non sit auditum : yet long before that , zedechiah king of iudah , rebelling against the king of babylon , was brought prisoner to the king of babylon to riblah , where hee gave judgement upon him slew both his sonnes and princes before his eyes , and then put out his own eyes , bound him with fetters of brasse , and carried him prisoner to babylon , where hee died . kings . . to . ier. . . to . and after detoratus r antigonus king of the iewes , being taken prisoner by antonius , for moving sedition against the roman state , was beheaded with an axe at antioch , without any legall triall , to prevent further seditions , which never befell any king before that time , writes alexander ab alexandro ; and s agrippa , not long after , put bogus king of the mores to death , for siding with antonius . of later times , i read that t ludovicus pius the emperour taking bernard his nephew ( king of italy ) prisoner , for rebelling and denying his superiority over him , carried him into france , to determine what should be done with him according to iustice , for this his offence ; where ( though a king ) hee was condemned to death and executed , as some , or at least cast into prison , and had his eyes put out , as others write : so v charles of france taking conradine king of sicily prisoner , publikely arraigned and condemned him of high treason , and cut off his head , anno . yea , our owne v king iohn being a feudatary to the king of france , was by philip the french king in a full parliament there ( during his absence in england ) arraigned , condemned to death , and deposed from his crown by the sentence of his peeres , for murthering his nephew , arthur , ( then a subject of france ) with his owne hands : so x iohn bailiol king of scotland , renouncing his homage for that crowne , to king edward the first , was for this offence compelled to resigne his crown with all his right to the kingdome of scotland , to king edward the first , and sent prisoner to the tower of london : and y mary queene of scots , within many mens memories , after long debate in parliament , was condemned and beheaded at fothringhom castle , febr. . an. . for laying claime to the crowne of england , and other particulars mentioned in our historians . and thus much for the roman , grecian , german emperours , kings and kingdomes . i shall now give you a briefe survey of what greeke authors write concerning kings and kingdoms ; and of the power , the kinds of ancient kings and kingdomes , in greece and other places . that great father of learning and policie aristotle , ( tutor to the greatest emperour alexander the great ) whose authority is irrefragable in our schooles ; resolves : z that true kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people , and founded , confirmed by the customes and lawes of each country , ( which * polibius also affirmes ) a that there are severall sorts of kings , some of greater , some of lesser authority and continuance then others : some elective , some successive , some during life , some annuall , all of them receiving their distinct jurisdictions , formes , limitations , and different royalties , from the peoples primitive or subsequent institutions and consents . for all men being equall by the law of nature , can have no dominion nor supercrity one over another , but by their own voluntary consents . that the b lawes , ( not the kings princes , or magistrates be they one or more , or never so good ) ought to be the sole lords or rulers of the common-wealth , and that princes and governours ought to governe by the lawes : who cannot command what the lawes doe not command . that those who command that the law should rule , command that god and the lawes should rule : but he that commands a man to be a prince , he commands that both a man and beast should be princes : for covetousnesse and the lust of the minde is a certaine beast , which poverts both magistrates and the very best men ; but the law is a constant and quiet minde and reason voyd of all motions of lusts and desires . c that the power of the greatest things , and greatest power , ought ( de ivre ) of right to be in all the people , because their wisdomes , resolutions , and revenues considered altogether , are greater and more considerable then those of a few wise or honest men placed in the highest offices of magistracie , who are but a small particle of the state in respect of all the people . d that the people ought to be of more power then the king or greatest magistrates , to prevent their tyranny and oppression ; and that a king ought to governe by his lawes , and not to doe any thing against them , according to his lust ; wherefore he ought to have so much power and force wherewith he may protect the authority of the lawes : yea he must necessarily have forces and power , yet so much onely , as thereby he may be able to curbe every particular man , or many also : yet not so great power but that , a populo autem universo idem rex ille ipse coerceri potest , the very king himselfe may yet be cvrbed by all the people : such guards verily the ancients gave to their kings when they would set any tyrant or governour over the city : and when dionysius required guards , a certaine syracusan perswaded them to curbe such guards : to which e polybius also suffragates . according to these rules of aristotle , i read in f dionysius halicarnassaeus , and g polybius , that in the lacedemonian common-wealth , the kings had not the chiefe dominion , so as they might doe what they pleased , sed summa totius reipub. administratio penes senatum erat : but the chiefe government of the whole commonweale was in the senate , from whence the romanes tooke their patterne . h alexander ab alexandro , boemus , and xenophon write , that the lacedemonians sometimes elected a king out of the family of the heraclidae , or of agis , but more often two joynt kings of equall authority out of the stock of proclus and aemisthenes , who yet had not the chiefe command as kings , quia juris omnis publici potestas penes senatum erat , because the power of all publike law or rule was in the senate ( the better to keep their kings from attempting and usurping a tyranny ; they being kings rather in name then dominion , and like the athaean two annuall praetors ; whence i aristotle makes them , the lowest ranke of kings . k iohn bodin informes us , that in the lacedemonian aristocracie , the soveraignty remained in the state , wherein were two kings without any soveraignty at all , being indeed nothing else but captains and * generals for the managing of their warres ; and for that cause were by the other magistrates of the state , sometimes for their faults condemned to pay their fine , as was agesilaus , and sometimes to death also , as was agis and pausanias : l agis the last of the lacedemonean kings ( as plutarch records ) being apprehended and condemned by the ephori , without an indictment , and then hanged in a halter . finally m aristotle himself , and n xenophon informe us ; that the kingdom of the lacedemonians flourished very long , yea longer then any other forme of government , because their kings power was but small , and their kings never desired greater things then the lawes would beare , by which they had received their kingdome in the beginning : for in the beginning that kingdome was divided between two joynt kings : after which theopompus left it more moderated to his successours , and constituted the magistracie of the ephori ( who had power even to depose and execute their kings if they offended , and rose not up out of their seates unto them ; ) to retain that moderation ; by which meanes he verily weakned the power of the kingdome , but yet certainely setled it more lasting and stable : whence theopompus gave this answer to his complaining and upbraiding wife ; whether he was not ashamed to leave the kingdoms lesse to his children then he had received it from his father ? no truly , saith he , for by this means i leave it more stable and lasting . a speech well worthy the consideration of the very greatest hereditary kings these lacedemonian kings ( whose honours , writes o xenophon , were not much better then those of private men ; etenim , neque regibus animos 〈◊〉 tyrannicos voluit , lycurgus , neque civibus eorum potestatem invisam reddere , tooke an o oath every month , to governe the kingdome according to the lawes enacted . i finde that the p cumaeans had a magistrate whom they called phylactus , whose office was , to come into the full senate , and hold the kings hands who stood in judgement before them ; untill by the senators decree , their reward or punishment was appointed . by which it is apparent , that the cumaean senate was above their kings , and did usually arraigne and punish them iudicially , if they saw cause ; as they rose up in armes against q aristodomus their king , ( who tyrannized over them ) by zenocrita her instigation , slew him and so recovered their liberties . the r ancient carthaginians had two kings , whom they stiled suffites ; who were but annuall , removed every yeares yea , the ibersans and parthians , had two joynt kings in ancient times , the one to judge the other to governe the people . in ſ meroe , where they elected their kings by their beauty , stregth or wealth ; their priests had the chiefe power ; who had so great authority , that sometimes ( like the pope and his nuncioes ) they would send a messenger and command the king to be put to death , and make another in his steed . which custome was after abolished by one of the kings , who violently assaulted and slew all the priests : and in t meroe if the king offended , after the priests power was abolished , they inflicted no corporall punishment on him , but all withdrew themselves from him and avoided his company till he was killed with griefe and consumption . the u indians will not permit their king to sleep in the day time , and if he be drunken at any time if any woman ( of whom he hath a guard ) kill him whiles he is drunke she is so farre from being guilty of treason , that for a reward , she shall be married to his successour : much like the ancient publike institution of the selavonians , recorded by x saxo grammaticus , that the assassinate of evill kings should succeed them in their kingdomes ; a thing frequently practised in many kingdomes and empires , though very ill enacted in any . the y sabaeans confined their kings to their palaces , and used to stone them if they went forth of their bounds . the z mosseriaes whose kings were elective , used to punish them , when they offended , by keeping them fasting a whole dayes space . among some of the a indians , if the king dyes , having male children of his owne , or cosen-germans or brothers children , they shall not succeed him in the kingdome , but his sister : sonne , if there be any ; if not , then his next alliance ; and that , ex gentis instituto , by the institution of the nation ; the reason is , because their priests used to defloure the queene , whose issue is held to be illegitimate . in b thraciae , the people elect a king who is well qualified , mercifull , grave for his age , and one who hath no children : for no father , though never so well qualified , is admitted to raigne ; and if he fortune to have issue while he reignes , he is deprived , and so kept , lest the kingdome should become hereditary . yea , though the king be never so just , yet they will not that he should have the whole power , but appoint him . governours , lest hee alone should judge in capitall causes : and if he be convicted of any offence , be is punished with death , yet not by laying violent hands on him , but by publike consent , all food is kept from him , so as at last he perisheth with famine . the c taprobani had this custome , that no man who had any children should be chosen king , lest he should claime the kingdome as hereditary , and make it so . the m athenians , ionians , milesians , marchomanni quadi , persians , sicilians , corinthians , parthians , meroes , gordii , medes , paphii , cathians , aetheopians , sydonians , germans , swedes , danes , and other nations had severall customes , lawes , rules , ( over-tedious to recite ) by which they elected and inaugurated their kings ( of which you may read in alexander ab alexandro . n strabo , o boemus , p peter martyr , q purchas , and others ) and different degrees of power and government derived from their kingdomes and people , the soveraigne authority still residing in them to prescribe both laws and limits to their kings , and call them to publike account for their grosse offences and misgovernment . the ancient r aethiopiant elected the most fanatique priest for their king , whom though they adored and honoured for a god , yet vitam agere statvtam legibvs debet iuxta patrios mores , he ought to live such a life as the laws appointed him , according to the manners of the countey , neither ought he to reward or punish any man himselfe , though chiefe parts of royalty . the ſ old german kings had no free nor infinite , but a restrained and bounded power by the lawes . t diodorus siculus writes , that the first egyptian kings lived not like other monarchs , to rule all things according to their wills , nullis obnoxii censuris , as ob noxious to no censures ; but all things , not only their publike actions , but even the regiment of their daily life , were conformed to the rule of the lawes ( as he there manifests in sundry particulars ) both in respect of their attendants , dispatches , devotions , recreations , moderate spare dyet , and the like ; neither was it lawfull for them to judge , nor doe any thing , nor punish any man out of petulancy or anger , or any other unjust cause , contrary to what the established lawes required concerning every of them . whiles they observed these things customarily , it was so farre that they tooke it ill , or were offended in minde , that on the contrary they thought they lived a most blessed life . for other men rashly giuing indulgence to the affections of nature , acted many things accompanied with losses and dangers ; yea some men ofttimes although they foreknew they should sinne , did notwithstanding perpetrate evill things , being led away with love or hatred , or some other perturbation of minde ; but they , imbracing the rule of life approved by the most prudent men , resolved not to erre from their duty in the least degree . whiles kings used this iustice towards their subjects , they had their subjects bound unto them in greater benevolence and love then their very kindred ; for not only the colledge of priests , but the whole nation of the aegyptians , and likewise every one of them were not so carefull of their wives and children and private goods , as of the safety of their kings : wherefore they preserved the estate of the republike intire for a long time under the mentioned kings , spending their life in greatest felicity , as long as this constitution of lawes flourished . and when these kings dyed , all the aegyptians generally mourned for them in an extraordinary manner divers wayes , made solemne orations in their praise , buried them with great pompe and solemnity , and erected pyramides to their eternall honour ; all which funerall pompous solemnities many ill kings wanted after their deaths , ob plebis refragationem , because the people gain-sayed it , ( who together with the priests and senates , who were ever present with the kings to assist , counsell , and direct them , were superiour to their kings , since they could thus decree or deny them these funerall honours ) which made many of their following kings to addict themselves to just actions too , for feare of contumelious handling and sempiternall ignominy after their decease . so this author . to which i shall adde v xenophons definition of a kingdome and tyranny : a kingdome , is an empire over men by their free assents according to the lawes of the city : and a tyranny , is an unlawfull empire over men against their wills , which depends upon the will of the prince . and this observation of x polybius , that kings in ancient times did give themselves wholly to doe that which was honest and just , and to suppresse the contrary ; the very beginning of all true kingdomes , and the end for which kings were first instituted by the people . whiles they thus demeaned themselves , they were subject to no envy , because they differed not much from others , neither in apparell , nor in meat and drinke , but observed a conversation of life conformable to other men , and lived perpetually like to others . but afterwards , when those who obtained the principality of succession , and the prerogative of their blood had those things already provided , which made them able to secure themselves , and to support their state , following their lusts by reason of their abundance , they then thought , it belonged to princes to be better clad then subjects , to exceed them in costlinesse and variety of meats , and to use venery with whom they pleased : hence envy and offence was begotten , and implacable hatred and anger kindled , and a kingdome by this meanes changed into a tyranny : hence men most generous and magnanimous bold spirits unable to beare such affronts and insolences of princes , seditiously conspire against them ; and the people having got such captaines to make resistance , joyne with them for the foresaid causes , that the princes may be repressed . and thus the forme of a kingdome and monarchy is utterly taken away by the roots , and the beginning of an aristocracy again laid , the people refusing to set any more a king over them , yet not daring to commit the republike to many , fearing as yet the iujustice of superiours , and therefore most esteeme equality and liberty ; so that the soveraigne power of setling , of changing the kingdome and forme of government resides principally in the people , who ( as hee there largely proves by the lacedemonian and roman state ) ought to enjoy the supreame authority , and to be above their kings ; as it seems the aegyptian did , y who deposed and expelled evergetes their king , for his cruelty , and after him their king ptolomaeus auletes , setting up cleopatra his eldest child in his threne ; and as the romane senate did , z who had power to dispose of the common treasury and revenue ( one of the greatest points of soveraignty ) to appoint lieutenants and governours of provinces , to grant triumphes , to dispose of religion : ( for which cause a fertullian saith , that never any god was received in rome without the decree of the senate , ) * and to receive , answer , and dismisse the ambassadours of kings and nations , which none else did but the senate ; whose soveraigne power was such , that tiberius the emperour in the beginning of his reigne called the senators ( assembled altogether in the senate ) indulgentissimos dominos , his most loving lords , ( and moved the senate , to divide the empire , & not to commit it all to one man , as we read in b tacitus ) though they were his subjects and inferiours when divided and severally considered : and such soveraigne power had the panaetolium or generall assembly of parliament among the aetolians , who received and answered all embassadours , determined all affaires of warre and peace , it being provided by the lawes of the aetolians , that nothing should be intreated of concerning peace or war , but in their panaetolium or pelaicon councell , as c livy and d bodin record . but to leave these ancient , and come neerer our present neighbor kings and kingdomes of greatest eminencie and power , which may parallell our owne ; the kings of france ( to whom e caessanaeus in his catalogus gloriae mundi , gives precedency before all others , and to the emperour himselfe , while but elect , before his coronation , ) have in ancient times been inferiour to their kingdomes , parliaments , and subject to their censures even to deposition , if not more , though f some cry them up for absoluts monarchs , and make them little better then tyrants now . g iohn bodin , a learned french lawyer and statesman , writes , that in ancient times the kings of the cities of the gaules were subject to their states ; whom caesar for this cause oftentimes calleth reguli , little kings , being themselves subjects and justifiable to the nobility , who had all the soveraignty , causing them even to be put to death if they had so deserved : and that is it for which amphiorix the captaine generall , whom they called the king of the lingeois said , our commands are such , as that the people hath no lesse power over us , then we over the people : wherein he shewed evidently , that he was no soveraigne prince ; howbeit , that it was not possible for him to have equall power with the people , as we have before shewed : wherefore these sort of princes , if they , polluted with wickednesse and villany , cannot be chastised by the authority and severity of the magistrate , but shall abuse their wealth and power unto the hurt and destruction of good men , it alwayes hath and shall be lawfvll not for strangers onely , but even for the subjects themselves also , to take them out of the way : but if the prince be an absolute soveraigne , as are the true monarchs of france , &c. where the kings themselves have the soveraignty without all doubt or question not divided with their subjects ; in this case it is not lawfull for any one of their subjects in particular , or all of them in generall to attempt any thing , either by way of fact or justice against the honour , life , or dignity of the soveraigne , albeit hee had committed all the wickednesse , impiety , and cruelty that could be spoken : so bodin , by whose words it is cleare , that the ancient kings of france were inferiour in jurisdiction to their whole kingdomes and parliaments , yea censurable by them to deposition or death : yet that their kings of late are growne absolute monarchs above their kingdomes , nobles , parliaments , and so not responsible to , nor punishable by them for the grossest misdemeanours : but if this their absolute monarchy be onely an usurpation ( as many conceive it , ) not of right , by their parliaments and kingdomes free grants and consents , they are still , in truth , of no greater authority , nor no more exempted from iust censures , then their predecessours . now it is clear , that in ancient times , h the . estates and great councell of france assembled in parliament , and their twelve peeres ( or kings as fabian termes them ) were the highest power and judicature , from which there was no appeale ; that the kings of france could make no binding lawes but by their authority ( though now of late they doe what they please ) and that they have judged the differences between the crownes of england and france ( as i have formerly proved ) and exercised the same , or as great authority as the parliament of england hath done , which authority it hath lost by certaine degrees . to give a few more instances to cleare this truth . i pharamond , the first king of the franks , that reigned in france , an. . was elected king by the unanimous vote and consent of all the people : and by their advice and consent , in his raign , the salique law was made to regulate the discent of the crowne , that no women should be heires to it , or claime it by discent ; which law continues of force untill this day , as all the french historians generally accord , who make frequent mention of it ; though our english have much oppugned it , as you may read in k hall and l speed. m childericus the fourth king of france about the yeare . giving himselfe to all vice and cruelty in such extreame wise , that hee became obible to his subjects , perceiving the murmur of the people , and fearing his sudden destruction , by the counsell of guynemeus , fled out of his kingdome to beseigne king of thuringes . whereupon the french-men with one assent , chose gyll a roman , for their king and governour : who laying grieveous taxes upon his subjects by the fraudulent counsel of guynemeus ( a fast friend to childericus ) and using sharp , execution upon some of the nobles , so farre discontented his subjects that by the helpe of guynemeus , they deposed and chased him into soysons ; and sending for childerious againe , restored and made him king : after whose death his sonne clodovius , was by the people ordained and authorised for king of france : between whose foure sonnes it was afterwards divided n after the death of chilpericus , clotharius being very young , gunthranus king of orleans ( his uncle ) with the assent of the nobles of the realme , was made his tutor : who comming to age , hee offered to referre the differences between sigebert and himselfe touching austracy , ( to which both laid claime ) to an assembly of the lords of that kingdome : and condemned queen brunicheild by the unanimous consent of the lords , to bee tyed by the haire of her head to a wilde horse taile , and so to be drawed while shee was dead ; for her many murthers and criminous deeds ; which was accordingly executed . o king dagobert exercised such tyranny and iniustice in pillaging his commons by exactions and tributes , that those who dwelled in the out parts of the realme neere the turkes , and other strange nations , chose rather to put themselves under their government , than under the rule of their owne naturall prince : poytiers rebelled against him , his lords murmured so much against him , that pipin and martain ( two of his great lords and agents ) to save his crown , dissuaded him from his ill counsells : whence a little before his death , calling a great counsell of his lords spirituall and temporall , hee made his will , and setled his kingdome by their advice ; dividing it between his two sonnes . p theodoricus king of france , giving himself to sloath and idlenesse , committed the government of the realme to ebroyn mr. of his palace , who did what he liked , and vexed and troubled the subjects grievously ; wherefore by assent , the lords assembled them , and by authority deprived the king of all dignity , and closed him in a monastery during the residue of his life , when he had borne the name of a king without executing of the art thereunto belonging , three yeares : the cruell ebroyn they exiled to luxenbourgh during life ; making childericus brother to thesdericus king , ann. . who oppressing his subjects grievously , and using the lawes of his progenitors after his pleasure , and uniustly causing a noble-man called belin to bee tyed to a stake and beaten to death , without guilt or treaspasse hereupon the lords and commons , fearing like punishment without deserving , murmured and conspired against him , and slew him and his wife ( then great with childe ) as they were hunting in a wood : after which they restored theodericus ( whom they had deposed ) to his former dignity ; under whom ebroyn getting into place and favour againe , used such tyrannie towards the nobles and people , that pipin and martaine raised a great army against him , lest he should destroy the commom-weale , gave him battell , and at last hermefreditus slew him : after which pipin was made master of the palace in his place . q k. daegobert the second dying without any issue or knowne heire at all , one daniel ( after named chilpericke ) a priest , was by the lords and peoples generall assent chosen king of france , anno . for that by their former experience of him , they deemed him apt for the rule of the land. after whose death , theodoricus sonne to dagobert , ( secretly fostered among nunnes within nunneries in womans cloathing ) was espied and admitted for king : during most of the forenamed kings , the grand master of the palace swayed the kingdome at his pleasure , and executed the office of the kings , who had nothing but the bare name of kings , and were subject to this grand officer : whereupon theodoricus dying , r childericus his sonne being a sott , and for his dulnesse unfit to governe , charles martell master of the palace , ( who swayed all things in theodoricus raigne ) deceasing , his two sons charlemaine and pipin , by the advice of the nobles of the land , considering the insufficiency of the king to rule so great a charge , divided the land of france betweene them , so that either of them should under the king rule and governe such proportion as then there was to them appointed : charlemayne soone after renounced his government and turned monke ; and pipin , as onely ruler , tooke upon him the charge of the whole realme . pipin then considering in his minde in what danger and trouble before him , his father , and he now had ruled the land , and that the king to whom belonged all the charge , kept his palaces , and followed all his delights and pleasures , without taking any paine for reformation of the same ; sent an ambassage to pope zachary , ( asking his advice in point of conscience , ) whether it were more necessary or wealfull for the realme of france , that he should be admitted for king , that did nothing but apply his minde to all bodily pleasures , without care and charge take● upon him for the guarding of the land , and the people of the same ; or he that tooke upon him all the charge and paine in defence of the land , and keeping of the people in the due subjection ? to this the pope answered , and wrote back to pipin , that he was best worthy , and most profitable for the realme , to be admitted for king , that ruled well the commonalty by justice and prudence , and the enemies thereof defended and subdued by his policie and manhood . ſ aventine relates his answer more largely , in these words ; i finde ( saith zachary ) in the story of divine scripture , that the people fell away from their wretchlesse and lascivious king , that despised the counsell of the wise men of the realme , and created a sufficient man , one of themselves , king ; god himselfe allowing their doings : all power and rule belongs to god , princes are his ministers in their kingdomes ; and rulers are therefore chosen for the people , that they should follow the will of god , the chiefe ruler in all thing , and not do what they list . he is a true king that guideth the people committed to his charge according to the prescript and line of gods law ; all that he hath , as power , glory , riches , favour and dignitie , he receiveth of the people , and the people , may when the cavse reqvireth , forsake their king . it is therefore lavfvll for the franks and germanes , refusing this unkindly monster ( childericke ) to chuse some such as shall be able in warre and peace , by his wisdome to protect and keep in safetie their wives , children , parents , goods and lives . which answer of the pope ( recited and approved in our owne king t edward the confessors lawes , and childerickes deposition likewise chap. . ) being declared to the lords , barons , and commons of the realme ( whom this pope likewise wholly absolved from their allegiance to childericke ) soone after , they of one assent and minde , proceeded , and deposed , and put downe their king and governour , childericke u being a sott , a foole , a beast , and one unfit to governe , and closed him in a monastery , after he had reigned ten yeares in the kings room , by name onely ; which done , they unanimously elected and crowned pipin for their king : by meanes whereof the royall line of moroveus after discents ended , and the crown was translated to pipins blood . which act in point of policie , is determined lawfull by x polybius , who writes , that the reason why some kingdomes became hereditary , was onely this , because their first kings being vertuous and worthy men , they were perswaded their children would prove like them ; but if at any time they degenerat , and prove otherwise , and the * posteritie of the first kings displease the subjects , they thenceforth make the kingdome elective ; chusing kings , not according to their strength of body and mindes attempting great things , but according to the difference of their will and reason manifested by their actions : and by y aristotle , who informes us , that in kingdomes confirmed in succession of blood , this is to be numbred among the causes of their ruine , that the kingdomes descend to many contemptible and slothfull persons , who although they obtaine no tyrannicall but royall dignitie , yet they live lustfully and proudly ; and so the kingdome easily falls to ground , and becomes a tyrannie , the people being unwilling that such should rule over them ; and so either wholly alter the forme of government , or make choice of a fitter king for the necessary preservation of the state ; yea this election in point of police and divinity too , is justified and proved lawfull by buchanan , in his book de iure regni apud scotos ; by iohn mariana , de rege & regis instit . l. . c. , . by pope zachary in his forceited epistle , by king edward the confessor in his laws c. . by a generall councell of all the peers , and prelates of france ; convocato enim principum et senatorum concilio de commvni sensv et volvntate omnivn childericum solo nomine regem à regni fastigio deponunt , &c. ac omnibvs gavdentibvs et volentibvs , pipinum super francos regnare facivnt ; writes z antoninus : and in a word , our bishop a bilson himselfe , an anti-puritane , and great royalist , affirmes , that if the king be a naturall foole , distracted , and altogether unable to governe , as childericke was , any realme , by publicke consent and advice , may choose another to govern them : of which more before . pipin b deceasing , charlemain and charles the great , his sons , reigned joyntly over the frenchmen , by their ●oyous admittance . having now two kings instead of one c lewes , sirnamed the godly , sonne of charles the great , ( a pious , yet unfortunate prince ) by meanes of his sonne lothair , was first imprisoned , and then by a councell and parliament held at compaygne , by authority of the spirituall and temporall lords , and of that parliament , discharged of all rule and dominion , as well of the empire , as of the realme of france ; after that shorne a monke , and thrust into the monastery of saint marke , where he was strictly guarded ; and when some of the nobles and people afterwards desired lothair to release and restore him to his former dignity ; he answered them : that the deposing of him was done by the whole authority of the land ; wherefore if he should be againe restored , it must be by the same authority , and not by him onely : after which by the lords assents hee was restored . d lewes and charles , after lewes balbus their fathers death , were joynt kings of france , and being very young , by a parliament held at meaux , lewes the emperour , their vncle , was declared to be more apt to rule the kingdome of france , then these infants , or barnard their guardian , and these children held by some illegitimate . whereupon , by the greater number of voyces an ambassadour was sent to the emperour , to come and take upon him the rule of middle france , which he comming to doe , his nephewes friends compounded with him , and then caused these infants to be crowned and proclaimed kings . e charles the simple , at his fathers death , anno . being too yong to take upon him the charge of the realme , the lords of france put him under good and convenient guiding , and of assent they chose eudo , a man of great fame and worth , to be king of the land , for the terme of his life , and to guide the land , till charles should come to his lawfull age , whom they put under eudo his tuition , making him king in his stead , who was crowned of walter then archbishop of senys . after which when eudo knew he should dye , he called before him the lords and nobles of france , charging them by solemne oath , that after his death they should immediately crowne charles for their king ( whom he had brought up with diligence in learning and all princely vertues ) being then of age to governe . charles comming to the crowne , the danes miserably walled his kingdomes ; whereupon his nobles and people assembled themselves in sundry companies , and went to the king , shewing their misery and blaming his fearfulnesse and negligence , that he no more for him resisted the danes cruelty ; whereupon ( he out of feare belike , lest they should chuse another king to protect them ) compounded with rollo chiefe commander of the danes , giving him all normandy , and his owne daughter in marriage , to purchase peace ; f charles being afterwards slaine by hebert earl of vermendoyes , algina his wife mistrusting the frenchmen , fled secretly with her young sonne lewes ( heire to the crowne ) to edward the elder into england : whereupon , that the land might not be without a ruler , the lords of france assembled at paris , and there tooke councell to elect a new king ; where , after long debate , they named and crowned raulfe , sonne to richard duke of burgundy king , as next heire to the crown but young lewes : raulfe dying after he had reigned yeares , the nobles hearing that lewes was alive in england , sent for him into france and crowned him their king. g lewes the . dying without issue , being the last king of pipens blood ( who enjoyed the crowne . discents ) hugh capet usurped the crowne , putting by charles duke of loraigne , vncle and next heire to lewes , whom by the treason of the bishop of laon , he took prisoner : after which the crowne continued in this hugh and his heires . h philip the . of france , by a counsell of his prelates was excommunicated for refusing to take ingebert his wife , whom he unlawfully put from him , and to renounce mary whom he had married in her stead ; and calling a parliament , they concluded , that king iohn of england should be summoned to appeare as the french kings liege-man , at another parliament to be holden at paris within . dayes after easter , to answer to such questions as there should be proposed to him for the dutchy of normandy , and the county of angeou and poytiers ; who not appearing at the day , philip hereupon invaded and seized them : after which , i lewes the . and henry the . of england in a parliament at paris , made a finall composition for these lands . k lewes the . being under age , was thought of many unsufficient to govern the realm ; and when he had a mind to goe to the holy warre ▪ as it was then deemed ) he did not undertake it , but by the advice of his great councell of spirituall and temporall lords and persons , who assisted him therein . l philip the . in the . yeare of his raigne , raised a great taxe throughout france , ( which before that time was never heard nor spoken of ) by his absolute prerogative , without consent of his estates in parliament , which had the sole power of imposing taxes : which taxe all normandy , picardy and champaigne allying themselves together , utterly refused to pay : which other countries hearing of , tooke the same opinion , so that a great rumour and murmur was raised throughout the realme of france , in such wayes , that the king for pacifying the people , was faine to repeale the said taxe . m lewes . of france dying without issue male , left his queen great with child , whereupon philip his brother reigned as regent of france , till the childe was borne , which proved a male , named iohn : who dying soone after , philip was crowned king at paris , albeit , that the duke of burgoyn and others withstood his coronation , and would have preferred the daughter of king lewes . but other of the lords and nobles of france , would not agree , that a woman should inherit so great a kingdome , it being contrary to the salique law : this philip by advise of evill counsell set a great taxe upon his commons to the fifth part of their movable goods , at which they murmured and grudged wondrous sore , and before it was levied , hee fell into a fea●●r quartan and great flixe , whereof hee dyed ▪ which sickenesse fell upon him by prayer of the commons for laying on them the said grievous taxe . n charles the fifth of france , having a purpose to drive all the english cut of aquitaine , and other parts of his kingdome ; and being provided of all things which he thought needfull for the doing of it , yet would not undertake the warre without the counsell and good liking of the nobility and people , whose helpe he was to use therein : wherefore he commanded them all to be assembled to a parliament at paris to have their advice , and by their wisdome to amend what had by himselfe not altogether so wisely been done , and considered of . and this warre being at last decreed by the councell , prospered in his hand , and tooke good successe . whereas when the subjects see things done , either without counsell , or contrary to the wills and decrees of the senate or councell , then they contemne and set them at naught , or else fearfully and negligently do the command of their princes ; of which contempt of lawes , magistrates , and seditious speeches ensue among the people ; and so at length most dangerous rebellion , or else open conspiracy against the prince , as bodin observes . this o charles dying without issue maie , leaving his wife great with childe , philip earle ofvaloyes , his nephew , was by the barons and lords made protector and regent of the realme of france , untill such time as the queene was delivered ; who being brought to bed of a daughter onely , hereupon philip was crowned king. betweene him and king edward the third of england , and their councells , arose great disputations for the right and title to the crowne of france ; for it was thought , and strongly argued by the councell of england , for so much as king edward was sonne and sole heire to his mother queene isabel , daughter to king philip le beaw , that he should rather be king of france , then philip de valoyes , that was but cousin german to philip le beaw : of which disputations , the finall resolution of the lords and parliament , was , that for an old decree and law by authority of parliament long before made , ( which the english much oppugned ) that no woman should inherite the crowne of france ; therefore the title of edward by might of the frenchmen , was put by ; and philip by an act of the whole french state , ( by which his right was acknowledged ) admitted to the government of the same . after which one simon poylet was hanged in chaines , headed , and quartered at paris , for saying in open audience , that the right of the crowne of france belonged more rightfully unto king edward , then to king philip ; who had long warres about these their titles to the crowne . king q iohn of france , in the fifth year of his reigne , had by authority of the three estates of his realme assembled in parliament ( to wit of the spirituall lords and nobles , and heads of cities and good townes of his kingdome ) men waged for a yeare , granted to him to defend him and his realme , against edward the third king of england ; who the next yeer following took king iohn prisoner in the field : whereupon charles duke of normandy , his eldest sonne , and heire apparent , assembled the estates at paris in a parliament there held , craving aid of them to redeem their captivated king ; who promised their uttermost help herein , desiring convenient time to consult thereof : which granted , the three estates holding their councell at the gray fryers in paris , appointed fifty persons among them to take view , and make search of the grievances and evill guidance of the realme ; who after examination appointed six of themselves to acquaint the duke , that the realme before time had beene misguided by ill officers , and except remedy for it were shortly found , it should stand in perill to be lost ; wherefore they besought him to discharge all such as they would name unto him , and over that to forfeit their goods to the kings use . and first they name peter archbishop of roan , chancellor of france , sir simond de bury , chiefe counsellor of the king and parliament too , sir robert de lorize before time chamberlaine to the king , sir nicholas brake master of the kings palaces , engueram burgesse of paris & under treasurer of france , iohn pryll soveraigne of the money & king , accounts , and iohn channeon treasurer of the kings wars . all which officers they would should be discharged all royall offices for ever : also they would that the king of naverne ( then imprisoned by the king of france ) should be set free , and that duke charles himselfe would be contented to be advised and counselled by such as they should appoint unto him ; namely , by foure prelates , twelve knights , and twelve burgesses , which eight and twenty persons should have authoritie to rule and ordaine all things necessary for the realme , to set in and put out all officers appertaining to the realme , with divers other requests which unto the duke were nothing agreeable : vpon which requests the duke gave answere , that he would counsult with his councell , and thereupon would shape unto them some reasonable answere . but first he desired to know , what aide the three estates would give unto him , for delivery of his father : whereunto was answered , that the clergie had given a disme and a halfe to be paid in a yeare , with that , that they may have license of the pope , and the lords as much to be levied of their lands , and the commons the tenth penny of their moveable goods . the morrow following the duke and his councell met , and after many messages betweene them and the three estates , offers to reforme some part of the articles . but the estates firmely answered , that unlesse he would reforme all the said faults , and confirme the said articles to their minde , for the common-wealth of all the land , they should not aide him with their goods , like as they shewed him . the duke hereupon secretly acquainted king john of these proceedings , who wrote to him againe , that in no wise he should agree to the said requests , and to the end that these matters should not be touched in open parliament , he deferred the debate of them from day to day ; and at last by advice of his councell , dissolved the parliament of the three estates , and commanded every man to returne home without any effect of their long counsell : wherewith many of the said persons were grievously miscontent , saying among themselves , that they perceived well this was done by the duke to the intent the requests by them devised , should not take place , but that the old misgovernance might continue like as before times it had done : wherefore divers of them assembled againe at the gray fryers , and there made out divers copies of the said requests , to bear them into their countries , and shew them unto the good townes . and albeit the duke after this councell thus disolved , asked ayde of the citie of paris , and other good townes to maintaine his wars ; he was plainly answered , * that they might not ayde him , unlesse the three estates were againe reassembled , and that the grant of the ayde might passe by their authority : whereunto the duke in no wise would agree . in the mean time the estates of languedock assembled in their province by the earl of armenake , the kings lieutenant , to make ayde for the kings deliverance , agreed to purvey at their proper costs men at armes , with a furniture to every speare , and a souldiers on horsbacke , arbalestres , and others called gunsiers : all which to be waged for a whole yeare ; and farther ordained , that no man should weare any furres of great price : that women should leave the rich at tire off their heads , and weare neither pearle nor gold upon them , nor silver in their girdles ; and that all manner of minstrelsie should be put to silence , so long as the king remained prisoner . the duke and his counsell after this , proclaimed at paris certaine coynes and values of money , newly ordained by them ; with which proclamation the commons of the city were grievously ●moved : and for reformation , the provost of the merchants with others , rode to the earle of angeou the dukes brother and lieutenant , ( who was then absent at meaux ) requesting him to cease the use of that money ; and if not they would use such meanes , that it should not be suffered to be put forth nor taken within the city . whereupon after long debate it was agreed , that the money should be stopped till the dukes pleasure was knowne : vpon whose returne , the dukes counsell sent for the provost , and desired him to suffer the said money to run and be currant throughout the said city ; which , the provost with his company utterly denyed : and after many great and bold words , departed from the counsell in great ire , and after their returne unto the city , incensed so the commonalty , that they set apart all workmanship and occupation , shutting in their shops , and drew unto their armour and harnes . the duke informed of this murmure of the commonalty of the city , straitly commanded the provost , that the kings peace were kept within the city ; and that he with certaine citizens should appeare at the palace before him and his counsell the next day , at an houre assigned : at which time the provost with his company came and were conveyed into the parliament chamber , where the duke and his counsell were present . then the duke after certaine challenges made to the provost for his obstinacy and misleading the commonalty of the city , said : that , albeit the king by his * prerogative , might at his pleasure , and for his advantage , make his monies when he would , and so to suffer them to be currant thorow his realme ; yet for the weale and ease of his subjects , considering their manifold and late charges , he was content , that at this season , this new money should be spared ; and that the . estates should be againe assembled , and that they should deprive all such persons then bearing offices as they should thinke prejudiciall to the realme , and ●ver that , to ordaine such money as might be beneficiall for the land : of all which grants the provost , to the intent , that he might of authority shew them unto the commonalty of the citie , desired a writing : the which the duke to appease the people , though it were much contrary to his minde and his pleasure , granted unto his request . the thirtieth day of ianuary ensuing , the duke , at the request of the said provost , sent certaine officers to the houses of simon de burg , and others accused of misgoverning of the realme , whose houses the said officers seized and made inventories of their goods : that done , the duke sent out commissions , and assembled the three estates againe at paris , the . day of february : where , in the parliament chamber in the presence of the duke , estates , and divers nobles , robert coke bishop of laon by command of the duke , made a long oration , of the misguiding the king and the land by meanes of evill officers , as well by changing of money , as other many unlawfull excises and taxes , to the great impoverishment of the commonalty of the realme , and to the singular enriching and advancement of the said officers ; wherefore the three estates prayed , that all such officers may be removed from their offices , and other that shall be thought more beneficiall for the king and his realme to be admitted : of which officers the archbishop of roan ( then newly made cardinall ) was noted for one , and other to the number of . whereof some were right neere to the duke . after which oration , sir iohn de pigquine , in the name of the three estates offered , that the three estates should finde to the king . men for an whole yeare , so as all things might after that day be ordered as the bishop had before devised : all which articles were unto them by the duke granted , and incontinuently all such officers as they before had named were clearly avoided , and other such , as by the said . estates were thought most necessary , were put and chosen to their roomes , except that some of the old ( as masters of accounts and some of the presidents and masters of the requests ) were holden in for a time , to shew unto the new , how they should order and guide their said offices : and the of march was a new money proclaimed thorow paris , such as the said . estates had newly devised . the king informed of this , sends the archbishop of sennes and two earles from burdeaux where he was prisoner , with a proclamation , which they caused to be proclaimed in paris the . of april , that the people should not pay such subsidies as the . estates had ordained for the waging of the . men aforesaid , or for the kings fine ; and also that the . estates after that day should no more assemble for any causes or matter before touched , till they had farther knowledge of the kings pleasure : for which proclamation the citizens of paris much blamed the said bishop and earles , who purchased it , who as soone as this proclamation was made , for feare of the people , fled from paris . vpon this proclamation the commons waxed so mad , that they left their occupations , drew them to conventicles and companies , and used many unfitting words of the king and his counsell : whereupon to avoid inconvenience , the duke commanded a watch to be kept in the city day and night , and certaine gates of the city to bee kept shut . vpon the . day of april , another proclamation was made all contrary to that other . by vertue whereof , it was charged , that the fore-said subsidies should bee levyed , and also that the . estates should re-assemble at paris , the . day after easter , and there to proceed upon all such matters as were before by them begar . when the estates meet againe there grew a difference between them and the duke , about the subsidies for the finding of . men , the summe assessed for that purpose being too small by much , the clergy and lords then refusing to pay any more then they were first sessed unto : by meanes of which difference , the assembly of state was dissolved . whereupon strait command was given by the duke to the provost of paris and others ( who bare principall sway within the city , and were great stricklers and doers in the assemblies of the . estates , so that much of the businesse was ruled by them and their meanes ; ) that they should cease their authority , and not to deale any more with the rule of the realme , but onely with the good rule and government of the city of paris : that done , the duke rode about to divers good townes , making request to them for ayde , and to have this new money currant among them . but he sped little of his purpose . then shortly after he assembled at paris certaine person of . or . townes next adjoyning , with whom he held a counsell for sundry dayes ; who in the end shewed him ; that they might bring nothing to effect without the assembling the . states , besought him that they might be eft-soon assembled , trusting that they would then satisfie his minde : upon which the duke sent forth commissions , charging the said . estates to appeare before him at paris the next wednesday after all-saints day ; which they did , where the duke condiscending to their former articles he gave the king of navarre and the . estates full content ; who promised that they would demeane themselves to his father and him , as true and dutifull subjects ; and advising him to take upon him the government of the realme , they created him regent of france , during his fathers imprisonment . after this hee assembled the estates and chiefe burgesses of cities at paris , and acquainted them with the king of englands large demands for his fathers inlargement ; which were so displeasing to all the company , that they answered , the said treatie was neither honourable nor profitable : and rather then the king should binde him and his land to such inconveniences , they would prepare to make sharpe warre against england : whereupon they granted to finde divers thousands of men at arms , at their owne costs , for certain moneths , to relieve the king : and at q another parliament assembled when iohn was dead , and charles came to the crowne , they granted an excise of every penny of all things bought and sold for the maintenance of his warres , the spiritualty granted him a disme , and the lords and gentlemen were stinted at a certaine . and in the eleventh yeare of his reigne , he assembled his great councell of parliament at paris , where among many acts made for the weale of the realme ; he , with the assent of the lords and commons there assembled , enacted for a law after that day to be continued , that all heires of the crowne of france , their fathert being dead , may be crownned as kings of france , so soone as they attained to the age of fourteene years . and in the fifteenth yeare of his reigne , the r duke of flanders granted to those of gaunt such articles of agreement , for the confirmation of their liberties , the repealing of illegall taxes , the electing of their owne officers , the dukes councellours , and the like ( which you may read in fabian ) as plainly manifest this whole dukedome and people to be of greater jurisdiction then himselfe , though invested with regall authoritie , and that he had no power to impose any taxes on them , without their grant and consent ; the contrary whereof caused many bloudy warres among them . charles ſ the seventh ( after fabians account , but sixt after the french history ) a childe of thirteene yeares , by reason of the difference between the lords who should be vicegerent , was by the advice of the major part of the lords , for the common good of the realme , crowned at raynes within the age of fourteen yeares , contrary to a law made in the eleventh yeare of his father . in the fourth yeare of his reigne , the citizens of paris murmuring and grudging for divers impositions and taxes unduely leavied upon them , suddenly arose in great multitudes , intending to have distressed some of the kings houshold : whereupon soone after , the kings councell considering the weaknesse of the treasure , and his great charges and needs ; and assembling a parliament of the rulers of paris , roan , and other good townes , exhorted them to grant the king in way of subsidy , twelve pence in the pound , of all such wares at that day currant , for the defence of the realme and subjects . to the which request , after consultation taken , it was answered ; that the people were so charged in times past , that they might not beare any more charges till their necessity were otherwise relived : and so the king and his councell at this time were disappointed . in his seventh yeare , by the duke of angeau his procuring , a tax was laid upon the commons of france ( without the three estates : ) which to bring to effect , many friends and promoters were made , as well of citizens , as others . whereupon the commons of paris and roan became wilde , assembled in great companies , chose them captains , and kept watch day and night , as if enemies had been about the citie ; utterly refusing to pay that tax . this charles being none of the wisest prince , ruled by his houshold servants , and beleeving every light tale brought unto him , t marching against the duke of brittaine , as he came neare a wood , was suddenly met of a man like a beggar , which said unto him , whither goest thou sir king ? beware thou goe no further , for thou art betrayed , and into the hands of thine enemies thine owne army shall deliver thee . with this monition the king was astonied , and stood still , and began to muse . in which study one of his followers that bare his speare , sleeping on horsback , let his spear fall on his fellowes helmet ; with which stroke the king was suddenly feared , thinking his enemy had come unawares upon him ; wherefore in anger he drew his sword , slew foure of his owne kinghts ere he refrained , and took therewith such a deadly fear , as he fell forthwith distracted , and so continued a long season , being near at the point of death . vvhereupon his brother lewes of orleans , being but young , the states of france thought it not convenient to lay so heavy a burthen upon so weake shoulders ; wherefore his two vncles the dukes of berry and burgaine , by avthority of the states of the land , specially assembled in parliament upon this occasion tooke upon them to rule the realme for that season , it being ordered by a speciall law , that they should abstain from the name of regent , unfit in this sudden accident , the king being alive , and of years : and because the duke of berry had but an ill name , to be covetous and violent and was therefore ill beloved of the french , his younger brother philip duke of burgoyn , had the chiefe charge imposed on him ; and though the title was common to both , yet the effect of the author tie was proper to him alone , who changed divers officers . after which the duke of orleance was made regent , being the kings younger brother , who pressing the people with quotidian taxes and tallages , and the spirituall men with dismes and other exactions , he was at length discharged of that dignitie , and the duke of burgoyne put in that authoritie . after this our king u henry the fift , gaining a great part of france , and pretending a good title to the crowne ( recited at large by x hall and iohn speed ) the frenchmen to settle a peace , made this agreement with king henry : y that he should marry katharine the french kings daughter , and be admitted regent of france , and have the whole government and rule of the realme , during charles his life , who should be king of france , and take the profits of the crowne whilest he lived ; and that after the death of charles , the crowne of france , with all rights belonging to the same should remaine to king henry , and to his heires kings : that the lords spirituall and temporall , and the heads and rulers of cities , castles and townes , should make oath to king henry , to be obedient to his lawfull commands concerning the said regency , and after the death of charles to become his true subjects and liegemen ; that charles should in all his writing name king henry , his most dearest sonne , henry king of england , and inheritour of the crowne of france ; that no imposition or tax should be put upon the commons of france , but to the necessary defence and weale of the realme ; and that by the advice of both councels of the realmes of england and france , such stablished ordinances might be devised , that when the said realme of france , should fall to the said henry , or his heires , that it might with such unity joyne with the realme of england , that one king might rule both kingdomes as one monarch ; reserved alwayes to either realme all rights , liberties , franchises and lawes , so that neither realme should be subject unto other , &c. vvhich articles were ratified and agreed with the consent of the more part of the lords spirituall and temporall of france ▪ but z charles dying , his sonne charles the eight , was by some part of france , and many lords , reputed and knowledged king , but not crowned whiles the duke or bedford lived and remained regent , our henry the sixth , both in paris and many other cities , being allowed for king of france . after his death , his sonne a lewes the eleventh , ( 〈◊〉 fabian accounts ) by strength of friends was crowned king of france ; who refused the counsell and company of his lords , and drew unto him , as his chiefe councellors , villaines and men of low birth , as iohn de lude , iohn balua , oliver devill , ( whose name for odiousnesse he changed into daman ) with others , whom he promoted to great honours and places : vvhereupon the lords murmured , and were so discontented , that the duke of brittaine , and others , withdrew them from the king , and refused to come unto his presence when he sent for them , raising a great power : and when no peace could be mediated between the king and them , they met in a plaine battell at chartres , where many were slaine on both sides , but the king lost the field . after which an accord was made betweene them , but the king continued his old courses , delighting more in the company of lewd , irreverent persons , to eate and drink with them , and to heare them talke of ribaldry and vicious fables , then to accompany his lords , which might have won him much honour , going liker a serving man then a prince : and being a great oppressor of his subjects to maintaine hiprodigality , for lack of money , he was driven of necessitie to aske a preste of the citizens of paris ; who , after many excuses , which might not be allowed , they lastly denyed the kings pleasure . vvherewithall he being grievously discontented , removed divers from their offices , and put many of the richest and head men of the citie to death , upon surmised causes , without proofs of justice : for which causes , and many other oppressions , the lords against assembled their people , intending to subdue the king , and to set his brother in his place , or to cause him otherwise to rule the commonwealth : to which end all the lords met at a towne called stampes , where they continued their councell fifteene dayes , and then marched to paris , sending four severall letters unto the citie ; one to the bishops and spirituall men , the second to the consulls and headmen , the third to the vniversitie , the fourth to the commonalty , signifying , that neither they nor any of their company were come thither as enemies to the citie , or to warre against it , or the commonwealth of the land , but for the increase and augmentation thereof to the uttermost of their powers . vvhereupon these foure parties sent certaine orators for them to the lords , who after long communication with them had , returned to the citie with this report ; first , the lords would that the inhabitants of the city should consider the conditions of the king , which yearly oppressed his subjects with taxes and other grievous servages . secondly , how he despised the noble bloud of his realme , and drew to him villaines and men of no reputation , by whose counsell onely all the common-weale of the land was guided and ruled . thirdly , how hee ruled his subjects by force and will without administration of justice , and himself in all counsels and parliaments is iudge of all causes , and calleth himselfe counsels and parliaments more for this singular weale then for the common-weale of his realme . fourthly , how he enhaunsed men of low birth to great honours , and caused noblemen to be obedient unto them , intending to bring the said ignoble men to be equall with the princes of the land. fifthly , how the lawes be delayed and bolstered by such as stand in his favour , wherethrough at this day law is will , and will is law , and no man almost in any surety of life or goods ; insomuch that daily many have been banished and put to death for unlawfull causes , and also to any noble-man at this day no power or roome of honour belongeth ; so that to the wild beasts in the forrests appertaineth more liberty and surety then to the more party of the kings subjects . sixthly , the great taxes and summes of money which daily be levied of the commons be not spent in the kings honourable needs , and for the commonweale of the realme , but are spent vainly and riotously , and bribed out of the kings coffers ; for which enormities and misgovernance with many other , the said lords were come thither in defensible wayes for the safeguard of their owne persons , as to the head and principall city of the realme , for to have aide and counsell , to reforme the foresaid evills , not intending any harme to the kings person , or yet to remove him from his regality or kingly majestie ; but to induce and advertize him to that which should be for his honour and the weale of his realme , and to live in wealth and honour , as his noble progenitors lived before him ; for which causes and considerations , the said lords , as the kings true subjects , and friends to the commonwealth of the land , and of that city , desired to enter there to refresh them and their people , and to pay truly for all things they should take , without doing harme or violence to any person . all which requests and matters of the lords shewed to the inhabitants of the city , by fauour of some friends they there had , it was with the more partie well accepted , and though convenient they should be received into the citie ; but by meanes of the earle of davoise it was respited , till they had further knowledge of the kings pleasure : who comming out of normandie into , paris after diuers skirmishes , the king and lords fell to a treaty of peace , whereupon commissioners on both sides assembled and communed together by sundry times two dayes ; in which season new strength of souldiers came to the king out of normands . the treatie hanging long , and a longer truce being proclaimed , the souldiers fell to robbing , and other unlawfull acts ; and at last , through obstinacy on both parties , all offers were refused , and the day of the truces expiration approached , without hope of accord ; whereupon provisions for warre were made on both sides . then begun grudges and murmures betweene the kings souldiers and the citizens of paris : and shortly after newes came to the king , that the castle and citie of roan was yeelded up to the duke of burbon : vvhereupon the king considering what great advantage the lords had of him , both by strength and favour of the commons , which daily drew unto them by sundry companies , in avoiding of more danger , concluded a peace : which being proclaimed thorowout all france , the king and lords met , to whom the king shewed great semblance of kindenesse , specially to his brother charles duke of normandy ; therein appeared great dissimulation , lewes being of such conditions , that what he might not overcome with strength , he would win with dissimulation and treachery . not long after the king warred upon charles his brother , the duke of burgundy and brittaine , and a treaty of peace being propounded betweene them , charles answered , that if a perfect concord should be established betweene the king and him , it should be authorized by the whole consent and counsell of the barons of the realme . vvith which the king being content , at turon , in the moneth of april , and tenth yeare of his reigne , assembled a counsell of his lords spirtuall and temporall , in the which the demands of charles , and offers of the king were shewed : and after the said councell had at length reasoned the said demands and offers , it was finally determined , that the dutchy of normandy was so appropriated unto the king of france , and to his heires , that in no wise it might be dissevered from the crowne ; but that a perfect unitie might be had betweene the king and his brother , the king should be instanced to give yearly to his brother in recompence of the said dutchy , pounds of turon money , with certain land to be assigned with the name of a duke , and annuall rent of like money during his naturall life , for such portion as he claimed to be his right , within the realme . to all which the king agreed , and to pardon the duke of offences against his majestie , and all such lordships as he had wonne from him in britaine , to restore : which offers charles refusing , was the yeare following contented with the dutchy of guyan onely , and so the warre of normandy ceased . after lewes his death most of his speciall and dearest beloved servants and ill councellours ( whom he specially recommended to his sonne charles the ninth on his death-bed ) came to disgracefull ends : b oliver damman was beheaded for treason , and iohn doyacon for trespasse and hatred unto the common people by his desert , was with all shame brought to the market place at paris , and there bereft of both his ears , and then banished the court for ever ; by reason whereof arose this proverbe among the frenchmen , principibus obsequi haereditarium non esse , the favour of princes is not hereditary . c philip de commines living under lewes the eleventh , and charles the eighth , by whom he was made lord of argenton , being in high favour with them , and a great councellor of state , hath this notable passage , against the french kings power then to impose any taxes on their subjects , without their free assents in a parliament of the . estates , though the contrary be now daily practised , to the intollerable grievance of the subjects ; c is there any king or prince that hath power to leavie one penny upon his subjects , besides his demains , without leave or consent of those that must pay it , unlesse it be by tyrannie and violence ? a man will say , that sometime a prince cannot tarry to assemble his estates , because it would require too long time . whereunto i answere , that if he move a warre offensive , there needeth no such haste , for he may have leisure enough at his owne pleasure to make preparation ; and further , he shall be much stronger and much more feared of his enemies , when he moveth warre with the consent of his subjects , then otherwise . now as touching a warre defensive , that cloud is seene long before the tempost fall , especially when it is a forraine warre ; and in this case good subjects ought not to complaine , nor to refuse any thing that is laid upon them : notwithstanding such invasion cannot happen so suddenly , but the prince may have leisure at the least to call together certaine wise personages , to whom he may open the causes of the warre , using no collusion therein , neither seeking to maintaine a trifling warre upon no necessitie , thereby to have some colour to leavie money . money is also necessary in time of peace , to fortifie the frontiers , for defence of those that dwell upon them , lest they be taken unprovided , but this must be done measurably . in all these matters the wisdome of a sage king sufficeth , for if he be a just prince , he knoweth what he may do , and not do , both by gods lawes and mans . to be short , in my opinion , of all the seniories in the world that i know , the realme of england is the countrey where the commonwealth is best governed , the people least oppressed , and the fewest buildings and houses destroyed in civill warre , and alwayes the lot of misfortune falleth upon them that be authors of this warre : our king is the prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what he listeth upon his subjects , considering that neither he nor any other prince hath power so to doe ; and those that say he hath , do him no honour , neither make him to be esteemed any whit the mightier prince thereby , but cause him to be hated and feared of his neighbours , who for nothing would live under such a government : but if our king , or those that seeke to magnifie and extoll him , should say , i have so faithfull and obedient subjects that they deny me nothing i demand , and i am more feared , better obeyed , and better served of my subjects , than any other prince living ; they endure patiently whatsoever i lay upon them , and soonest forget all charges past . this ( me thinkes , yea , i am sure ) were greater honour to the king , then to say , i leavie what i list , and have priviledge so to doe , which i will stoutly maintaine . king charles the fift used no such termes , neither did i ever heare such language proceed from any king , but from divers of their servants , who thought they did their master great service in uttering such speeches ; but , in mine opinion they misbehaved themselves towards their prince , and used such language , partly because they would seeme to be good servants , and partly because they knew what they said . but for a manifest proofe of the french mens loyaltie and obedience to their prince , we need alledge none other example then that we have seene ourselves of late by experience , when the three estates were assembled at towrs , after the death of our master king lewes the eleventh , which was in the yeare of our lord , . a man might have thought this good assembly to be dangerous for the kings estate ; yea , and divers there were of mean calling , and lesse honesty : that said then , and often said since , that it is treason to make mention of assembling the estates , and a thing tending to the diminishing of the kings authoritie ; but themselves are those that worke treason against god , the king , and the common-wealth ; neither doe any use these speeches , but either such as are in authoritie without desert and unworthy thereof , or such as are common tale-carriers , and accustomed to talke of trifling matters , or such as feare great assemblies , lest their doings should there be ripped up and reprehended , &c. d charles the eighth of france , beeing but thirteene yeares of age when the crowne descended to him ; hereupon in the year . a generall parliament was held at towrs , with more free accesse then had beene usuall , yet not so effectuall as was expected , every one seeking rather to maintaine his private authoritie then to procure the peoples ease . in this parliament the pragmatick sanction was restored , to use it as they had accustomed . the constables sword was given to the duke of bourgon , the government of the kings person to his sister ; a cunning woman , and somewhat of her fathers humour ; but the name of regent was forbidden to them all , to prevent jealousies : and there was a counsell enacted of twelve , by whom matters should be dispatched in the kings name ; of the which lewes duke of orleance should be president . lewes discontented with the device , seekes to hold his ranke ; he pretends , that being the first prince of the blood , the regency belonged unto him : he assists at the councell in parliament , and in the assemblies in towne , and notwithstanding the last vvill of king lewes , and the decree of the estates , yet will he by force have the name and effect of regent . vvhereupon discontents arising , he leaves the court in discontent , and raised a civill warre . however , the estates setled the regencie and affaires of the realme . e anno . francis the first king of france was taken prisoner by the emperour charles the fifth in the battell of pavia ; who by mediation of friends for his enlargement , sent the earle of reux his lord steward , to offer the king liberty , so as he would resigne all the rights he pretended in italy ; restore the dutchy of burgongue , as belongeth to him by right , with provence , and dolphine for the duke of bourbon , to incorporate them with other lands which he had formerly enjoyed , and to make all together a kingdome . moreover the emperour offered to give him his sister in marriage , propounding many other conditions , so absurd and void of reason , as it is better to let the curious reade them in the originalls themselves . amongst all losses , that of liberty toucheth neerest ; but francis having learned to withstand all adversity with a constant resolution , said , i will dye a prisoner rather then make any breach in my realm for my deliverance , whereof i neither wil nor can alienate any part without the consent of the soveraign courts and officers , in whose hands remains the authority of the whole realm we preferre the generall good before the private interest of kings persons . if the emperour will treat with me , let him demand reasonable things which lye in my power , then shall he finde me ready to joyne with him , and to favour his greatnesse . the emperour seeing the king constant in this resolution , in the end yeelded to his delivery , upon these termes , that within six weekes after his delivery he should consigne the dutchy of burgengue to the emperour , with all the dependancies , as well of the dutchie , as of the county , the which should hereafter be sequestred from the soveraigntie of the realme of france ; that he should resigne to the emperour all his rights pretended to the estates of naples , milan , genoa , and ast : that he should quit the soveraignty of flaunders and arthois , &c. hereupon the king being enlarged , and arrived at beyonne , he was required , to ratifie the accord , which he had promised to doe when hee came to a free place : but he delayed it with many excuses , giving the emperour to understand , that before he proceeded to such an act , it was necessary that he should pacifie his subjects , who were discontented with bonds which tended to the diminution of the crowne of france , &c. after which , the pope and the venetians sending messengers unto him , he complained of the emperour , that he had wronged him in that he had forced him to make impossible promises , and that he would be revenged if ever occasion were offered ; and that he had often told him , * that it was not in the power of a french king to binde himselfe to the alienation of any thing depending of the crowne , without the consent of the generall estates : that the lawes of christians did not allow , that he which was taken in warre should be detained in perpetuall prison , which was a punishment proper to malefactors , and not for such as had bin beaten by the cruelty of fortune : that all men knew that bonds made by constraint in prison , were of no value , and that the capitulation being of no force , the faith likewise which was but accessary , and the confirmation of the same could not be bound : that by the oath which he had taken at rhemes at his coronation , he was bound ( according to the custome of other kings of france ) not to alienate the patrimony of the crowne ; and therefore for these reasons he was no lesse free then ready to abate the emperors pride . the emperor growing jealous of the kings delayes , for ratification thereof sent one unto him , to be certified of his intent , who found him very unwilling to leave burgundy ; which being very prejudicall to the crowne of france , he said , was not in his power to observe ; and that hee could not alien the bourguinans without their assents in an assembly of the estates of the country , which he intended to call shortly to know their minds . by which it is most apparent , that the kings of france have no power at all to dispose of their crown lands or alienate them to others ( as other subjects may doe ) because they hold them onely in the right of their crowne for their kingdomes use and service , the true proprieters of them . upon which very ground f philip augustus king of france , anno . in a solemne assembly of the states at lyons , told walo the popes legate ( who came to prohibit his sonne lewes to goe to receive the crowne of england , because king iohn had resigned it to the pope ; ) that no king or prince can give away his kingdom without the consent of his barons , who are bound to defend the kingdome ; and if the pope decreed to defend this errour , he should give a most pernitious example to all kingdomes : whereupon all the nobles of france began to cry out with one mouth , that they would stand for this article unto death , that no king or prince by his sole pleasure could give his kingdome to another , or make it tributary , whereby the nobles of the realme should be made servants : and the next day lewes his advocate alledged , that king iohn for his homicides and many other enormities , was justly rejected by his barons , that hee should not reigne over them . that he could not give the crowne of england to any one without the assent of his barens ; and that when he had resigned it , he presently ceased to be a king , and the kingdome became void without a king , and being so vacant could not be disposed of without the barons , who had lawfully elected lawes for their king : who in pursuance of this his title , ( which the estates of france held just , ) sailed into england , took possession of the kingdome , received homage of all the barons , and citizens of london , who joyfully received him , taking an oath upon the evangelists , to restore them their good lawes , together with their lost inheritances . g henry the . of france being casually slaine by the earle of montgommery in running at the tilt , left the crowne to francis the . being but about . yeares of age , the queen mother , with his wives vncles the duke of guise , and the cardinall of loraigne , hereupon usurped the government of his person and realme , dispossessed the chiefe officers of the crowne , kept backe the princes of the blood from court , the true and lawfull governours of the state during the kings minority , and plotted the meanes to raise their race to the royall throne , by displacing all great officers , substituting others of their owne faction , and endeavouring to extirpate the protestant party , whom they seared as most opposite to their treacherous designes ; they doe and undoe , place and displace in parliament and privie councell , like absolute kings ; they revoke all alienations for life or yeares made by the deceased king in recompence of any services , except sales ; they caused divers protestants to be put to death , imprisoned , pillaged : wherewith the princes , officers and people being generally discontented , to redresse the present and prevent all future disasters that might ensue , require a generall parliament ( as the soveraigne cure for such d●seases , whereby the queen mother might be put from her usurped regency , and those of guise excluded from the king person ) who to please the king perswade him , that their opposites sought only to bridle and make him a ward , and that he should hold them enemies to his authority and gvilty of high treason that talk of a parliament . the king of spaine to crosse them , by letters to the king his brother-in-law , declares himselfe ( for the good affection he bare to him ) tutor and protector of him , his realme and affaires , against those that would change the government of the estate , as if the king were not capable of the government . pleasant people , which reject so much the word of lawfull tutelage , and yet usurped it against the lawes and orders of the realme , holding it onely by tyranny . after this they cast many slanders on the protestants , put anne dis burge and other councellours of parliament to death , pistoll anthony minard president of the parliament , publish sundry edicts against those of the reformed religion , promise great recompences to those that discover their assemblies , fill their prisons with them , imploy ayre , fire and water to ruine them , and kept the king from hearing his subjects complaints . the princes were kept backe , the greatest of the realme out of credit , threatned , and secretly pursued to death , the convocation of the estates refused , the parliaments corrupted , the judges for the most part at the guisians devotion , and the publike treasure , offices and benefices given to whom they pleased . this their violent government against the lawes , and orders of the realme , purchased them wonderfull hatred , and caused many which could no longer endure these oppressions , to consult vpon some ivst defence , to the end they might preserve the just and ancient government of the realme . they demand advice , tovching law and conscience of many learned lawyers and divines : who resolved , that they might lawfvlly oppose themselves against the government which the house of guise had usurped , and at need take armes to repvlse their violence ; so as the princes , who in that case are born magistrates , or some one of them , would undertake it , being required by the estates of the realme , or by the sounder part of them . they who first thought of this act of consequence , had severall considerations : some , moved with a true zeale to serve god , the king and realme , thought they could not doe a greater worke of pietie , then to abolish tyrannie , rescue the state , and to finde some meanes to ease them of the religion . there were others desirous of change , and some were thrust on with hatred , for the wrongs which the house of guise had done them , their kinsmen and friends : yet all had one designe to suppresse this unlawfull government . in these consultations it was held necessary to seize on the duke of guise , and the cardinall his brother , being advowed by one chiefe member of the state , and then to require an assembly of the three estates , to the end they might yeeld an account of their government , & provide for the king and realm . after which they make the prince of gonde acquainted with this their designe , & engage him in this quarrel ; which being discovered , produced a long bloody civill war against the protestants , under this and the two succeeding kings ; in which warre , those that died , departed this world with this singular content , to have couragiously sacrificed their lives for their countries libertie : so the generall history of france ; in which and in richard dinothus you may read at large , both the history and the lawfulnesse of this defensive warre , over tedious to transcribe . francis c dying , the crowne descended to charles the ninth , being but eleven yeares of age , and a parliament of the estates being assembled on the three and twentieth day of december , . the queene mother was thereby allowed and confirmed regent during the kings minority : in severall parliaments contradictory acts are made , some restraining , others granting the free exercise of the reformed religion thorowout the realme . the guisian popish faction , being the strongest party , most powerfull at court , and intimatest with the king , notwithstanding all acts for the protestants immunitie and libertie of conscience , impose divers illegall restraints upon them , commit many outrages and massacres on them , for which they could have no redresse ; whereupon for their own defence and preservation , after many fruitlesse petitions , & delusory promises , they take up arms ; whereupon many bloody civill wars ensue . many propositions and overtures of peace were made by the guisian royall party , not one of them reall , but all to get advantages , and over-reach the protestants , against whom they had the most mischievous designes in agitation , when they seemed most earnestly to desire peace . four or five severall conclusions of peace were solemnly made and ratified betweene them , but no sooner made and proclaimed , but presently violated of the king and popish party , by massacres , and new treacherous plots to extirpate the protestant party ; so that every accommodation proved but a seminary of a new and more bloody warre , almost to the utter ruine of france . in the yeare . when a publicke peace was made , and all differences to outward appearance , buried in eternall oblivion : the king , contrary to his faith and oath , caused the admirall of france , ( the protestants chiefe pillar ) as he departed from the councell to dinner , to be shot with a harguebuze , which carried away the forefinger of his right hand , and wounded him in the left arme the king to colour this treachery , sweares with an execration to the king of navarre , and others who complained of this outrage , to take such exemplary punishment on the offendors , as the admirall and his friends should have cause to rest satisfied , commands them to be pursued , appoints three of the parliament to make information against them , protests after this again and again , to be exceeding sorry ; that this act touched his honour , that he will be revenged for it , so as the memory thereof should remaine for ever ; writes to the governours of the provinces , chiefe townes , and magistrates , that he would take such order as the authors of so wicked an act should be knowne and punished : and to his ambassadours to forraigne princes , that they should make it knowne to all the world , that this outrage did displease him . and for the admirals safetie , he commands the captaines of his guards , to give him as many of his guard as he pleased , to suffer no papist to enter his lodging ; and adviseth all the gentlemen protestants then in paris to lodge about the admirals lodging . but all this court holy-water was onely to keep every bird within his owne nest , and a pitfall to entrap the chiefe of the protestants : for the same day after dinner , the king and queene mother , the duke of guise , and others , take counsell to murther the admirall , and all the chiefe protestants , the night ensuing , not onely in paris , but thorowout all france , whiles they were sleeping in their beds . which most tyrannicall barbarous tragedie was accordingly acted , the admirall slain in his lodging , and his head cut off , carryed to the king and queen mother , who causing it to be embalmed , sent it to the pope and cardinall of lorrain , for an assurance of the death of their most capitall enemy : all the protestants , noblemen and gentlemen , lodging in the admiralls quarter , undergoe the like butchery ; the streets of paris are strewed with carkases , the pavements , market places and river dyed with protestant blood , about ten thousand of them being thus treacherously massacred in their beds , at such a season when they thought themselves most safe , and that on the lords owne sacred day , a very unsutable time for such a bloody , prophane , infernall sacrifice . no sooner was this matchlesse treachery of this king against his owne naturall subjects executed , but he avowes and justifies that which he but the day before so solemnly and openly disclaimed , as a meanes to cut off all commotions for time to come . but this blood-shed begat new warres , and made the protestants in languedoc , rochell , and other parts , to take up armes in their owne defence , and stand more strictly on their guard than ever before : and i god himselfe out of his divine justice , after this horrible butchery committed by this dissembling , cruell , blasphemous king , smote him with an answerable disease , causing him to wallow in his owne blood , which he pitifully vomited out in great abundance , by all the conduits of his body , for divers houres , till he dyed : ( a just judgement for him that barbarously shed blood thorowout all the provinces of the realme ) he in the mean time tossing in his bed , and casting out many horrible blasphemies . a notable spectacle for all unnaturall fidifragous princes to looke on , who imbrue their hands in the blood of their christian subjects . vvhich crime ( as the authour of the k french history observes ) made his reigne cursed in the city , and cursed in the field ; cursed in the beginning , and cursed in the ending ; mortalitie , sword , famine , cursing , feare , and desolation , following it even unto the end . i shall conclude his reigne with the words of the french history ; doubtlesse god loves not the prince that thirsts after his subjects blood , for the subjects blood is the very blood of their prince . l charles dying without heire of his body , the crowne descended to his brother henry the third , then king of poland , anno . his first designe was to extirpate the huguenots and protestant religion thorowout the realme , though the emperour maximilian told him , there is no sinne so great as to force mens consciences , and such as think to command them , supposing to win heaven , doe often lose that which they possesse on earth . his pernicious cabinet councellors , to effect this designe , cause him first to protest by sundry proclamations , his love to the good of his subjects , and to abolish what was past , so as they lay aside armes , de●iver him all his townes , and live quietly in their houses , without any search , constraint , or molestation for matter of conscience . a policie practised onely to bring the protestant party into slavery , all those proclamations making no mention of liberty of their religion , neither of a parliament for the publike government , nor of a nationall councell for matters of conscience : hereupon the protestants stood the more upon their guards they are full of jealousie , distrust , doubt , feare ; the king and his popish councell indeavouring by this wile to keepe the protestant party at a gaze , whiles they in the meane time made great preparations underhand to put a mighty army into the field , to ruine them without hope of rising : so they arme on all sides , especially in poictou ; the protestants are besieged , assaulted in many places , and so manfully repulse their assa●lauts , that they are willing to hearken to a treaty of peace ; wherein the protestants demanding free exercise of their religion thorowout all france , new chambers in the parliament for the execution of justice , punishment of the murtherers of them , ease of imposts , a free assembly of the generall estates , and an assurance for the entertainment of the pretended peace . the king after fifteene dayes conference , promiseth to content them all , but he will have them to referre these demands to his will ; and so the treaty vanished into smoake , and new warres sprung up in every place with new court-designes to undermine and circumvent the protestants , who are aided by a german army , anno . the queen mother seeing the protestant party prosper in their warres , makes a peace betweene the king and them ; who grants the protestants all their former demands , restores divers of them to their goods , offices , honours : avows by a solemne declaration the massacres of them , anno . to have beene committed against all right and law of armes ; he ordained that the children of such gentlemen as had beene murthered , should be restored to their parents goods , and freed from all charges of warre , yea , he a vowed their ●aking up of armes , as taken for his service , &c. which articles , with the kings edict thereon , were allowed by the parliament at paris . but no sooner were their forces disbanded , but they began to finde this peace to be counterfeit , being onely made to dis-arme them , and divide their commanders : none of the premises being really performed . in the mean time the house of guise and their faction send their agents to rome , and spaine , to joyne with them in a catholike league , and under pretence of extirpating heresie , and establishing the roman religion thorowout france , endeavour to settle the crowne upon themselves : their chiefe designes were , to overthrow the succession of the crowne brought in by hugh capet , in the full assembly of the estates , and to make the naming of a successor subject unto the said estates , to cause the princes of the blood that should oppose against the decrees of the estates to be declared uncapable of succeeding unto the crown ; to make the estates protest to live and die in the faith set downe by the councell of trent ; to cause it to be signed in the open parliament ; to revoke and anull all publike edicts in favour of the protestants and their associates , and to pursue them to the death , that should hinder the extirpation of heresies , &c. these articles of association were first drawne at peronne in picardy , but disguised with goodly shewes , to blinde those that would examine them more exactly , as being onely to maintaine the law , and restore the holy service of god ; to preserve the king and his successors in the estate , dignitie , service and obedience due unto them by their subjects ; to reserve unto the estates of the realme , their rights , preheminences and ancient liberties . and for the execution of these articles , a certaine forme of oath was propounded , insticting pains of eternall damnation to the associates , that for any pretext whatsoever should withdraw themselves from this league ; and a bond for such as should be enrolled , or imploy their goods , persons , and lives , to punish , and by all meanes to ruine the enemies and perturbers thereof , and them that should faile , or make any delayes , by authoritie of the head , as he should thinke fit . soone after a parliament of the three estates is assembled at bloyes , where the catholike leaguers , after much consultation , caused the last edict of pacification , in behalfe of the protestants to be revoked , and procured an edict for the exercise onely of one religion ( to wit the popish ) to be tolerated within the realme . the king of navarre , the prince of conde , the marshall of montmorancy , with divers other noble men of both religions , foreseeing these practices , and refusing to assist at this pretended parliament , concluded a 〈◊〉 of all that should be decreed to prejudice the former edict of pacification ; protesting , that they were resolved to maintaine themselves in the rights , liberties , and freedomes which the edict had granted them . that the troublers of the publike quiet , and sworne enemies of france should finde them in a just●d fence , and they should answer before god and men for all the miseries that should ensue thereby : yea the prince of conde answered more sharply , that he did not acknowledge them assembled at bloys for the estates of the realme , but a conventicle of persons corrupted by the sworn enemies of the crowne , who have solicated the abolition of the edict , to the ruine and subversion of the realm : that if they had beene lawfully called , he would have assisted , for the sincere affection he beares to the kings service and the quiet of his countrey ; that he with never give his consent to the counsels of the authors of so many confusions which he foresee , &c. hereupon a sixt civill warre begins betweene these catholike leaguers , and the protestants , whose good successe caused the king , an. . to make a new peace with the protestants , and grant them their former immunities . the leaguers discontented herewith , begin to cast forth libels against the king , disgrace him in companies as a sardanapalus , and idle chilpericke , sit to be shaved and thrust into a cloyster ; they cause the preachers publikely in all places , to terme him a tyrant , an oppressor of his people by taxes , and a favourer of heretikes : and under a pretence of suppressing heretickes , reforming publike oppressions ; and settling the succession of the crowne in case the king should die without heire , they , contrary to the kings command , ( who disavows them , and forbids all leavyes of warre ) raise a great army , and so enforce the king to publish a declaration in his owne justification , and to procure his peace with them , to revoke all edicts made in favour of the protestants , and make open warre against them . hereupon the king of navarre ( next heire apparent to the crowne ) for preservation of his owne interest and the protestants , complains against the kings proceedings , layes open the mischievous plots of the leaguers : and then with the prince of conde and other nobles , gentlemen , provinces , townes , and commonalties of both religions , he protests , by a lawfull and necessary defence to maintaine the fundamentall lawes of families , and the estates and libertie of the king , and queene his mother . the leaguers hereupon procure pope sextus the fift , to excommunicate the king of navar , and prince of conde , to degrade them and their successors from all dignities , from their pretentions to the crowne of france , and to expose their countries and persons in prey to the first that should seize on them . the court of parliament declares this bull of the pope to be void , rash , insolent , strange , farre from the modestie of former popes , pernicious to all christendome , and derogating from the crowne of france : the princes likewise protest against , and appeale from it , as abusive and scandalous , to the next free and lawfull councell . the leaguers pursue their begun warres against the king of navarre and protestant party ; who protest to use all lawfull meanes to resist the violence of their enemies , and cast all the miseries that shall ensue upon the authors thereof . fresh warres are hereby prosecuted against the protestants by the leaguers , german forces come in to ayde the protestants ; after macombates the king desires peace , but the leaguers will have none ; and assembling at nancy , they endeavour to force the king to make his will , and allow the regency unto them ; to which end they conclude , that the king should be urged to joyne his forces effectually with the league , to displace such from their offices as should be named , to bring in the in the inquisition of spaine , and publish the councell of trent , but with a moderation of such things as derogate from the priviledges of the french church ; to consent to the restauration of the goods sold by the clergy for the charges of the warre , to give them townes to be named and fortified as the time and necessitie required , to forfeit the huguenots bodies and goods , and to entertaine an army upon the frontiers of lorraine against the germanes . after which the duke of guise approaching to paris , enters it against the kings command , who was jealous of him ; mutinies the citizens against the king , who thereby is forced to retire from thence for feare of being surprized by the duke , who plotted to seize his person . after which the duke by the queene mothers mediation , is reconciled to the king ; who for feare of his power , by an edict of re-union , admits no religion but the popish , promiseth never to make peace nor truce with the heretikes nor any edict in their favour ; bindes his subjects to sweare , never to yeeld obedience after him , to any prince that shall be an heretike , or a favourer of heresie ; degrades from all publike charges , either in peace or war , those of the reformed religion ; promiseth all favour to the catholikes , declares them guilty of high treason who shall refuse to signe to this new union , and shall afterwards depart from it , but signing this forced edict , he wept . to establish which edict , and work their further ends , the leaguers cause the king to summen a parliament of the . estates at bloyes , procuring those of their faction to be chosen of this assembly : where establishing the former extorted edict , they thereby exclude the king of navarre , ( an heretike as they deemed him ) from the crowne of france , to which he was next heire : an heretike cannot reigne in france , it is an incompatible thing with the coronation and oath which he ought to take ; hurtfull to the honour of god , and prejudiciall to the good of the realme : then they declare the king an enemy to , and oppressor of his people , a tyrant over his realme , that so the people should presently resolve to confine him unto a monastery , and install the duke in his throne . and at last , the king being certainly informed of the dukes traiterous designes to surpize him and usurpe his throne , caused the duke and cardinall of burbon ( the chiefe heads of the league ) to be suddenly slaine , and others of them to be imprisoned . hereuppon the parisiens mutinie , and take up armes a fresh ; the colledge of sorbone concluded by a publike act of the seventh of ianuary , . that the people of france are freed from the oath of obedience and fealty which they owed to henry of valoys , and that lawfully and with a good conscience they may arme against him , receive his revenues , and imploy it to make warre against him . after which the assembly of the estates dissolving the parisiens imprison the court of parliament at paris , till they condescended to their pleasures , and confirmed a generall councell of the union , consisting of fourty choice men of the three estates , to dispose of the publike affaires , and conferre with the provinces and townes of the league . to which many assistants were afterward added by the nobles , and a declaration ( in manner of an oath ) for the entertainment of the vnion , made , sworne , and subscribed to by many ; one of which prickt his own arme , to signe it with his owne blood , and became lame thereby . the people condemne , imprison , spoile , ransom of their absolute power , and sell the goods of any that bears not the mark of their inraged faction . hereupon the king turning his lenitie into fury , proclaims them rebels and traitors , if they come not in and submit by a day , and reconciles himselfe to the king of navarre : they go on with greater insolency then before , set out a great army under the duke of mayenne ; crave assistance from the pope and king of spaine ; surprize divers townes , robbe churches , ravish wives and virgins , murther men of all sorts even before their altars , commit all the outrages , wickednesses which irreligion and impiety could invent in madd souldiers . the king at last besieged paris , takes some of the outworks , and was like to master the citie ; but in the middest of this attempt he was stabbed in the belly with a knife , by iames clement , a iacobin friar of two and twenty yeers old , ( sent out of paris to act this tragedie on the kings person ) who vowed to kill the tyrant , and to deliver the city besieged by sennacherib . the murtherer was presently slaine by those who came in to assist the king , who within few houres after died of this wound , which he received in the self-same chamber wherein the counsell for the massacre of the protestants was held on that fatall day of saint bartholmew , . a notable circumstance of divine justice upon this prince , who being ever a zealous promoter of the romish religion , was murthered by a zealot of it , and had his owne blood shed by those who spurred him on to shed the blood of protestants , in the very chamber where the most babarous massacre of protestants that ever the world beheld , was contrived . m henry when the pangs of death seized on him , declared henry the fourth , king of navarre ( his brother in law ) the lawfull successor of the crowne of france , as in truth he was , notwithstanding the edict of bloys to exclude all heretikes from the crowne . the parisiens and holy vnion refuse to accept him for their soveraigne , proclaiming charles the tenth for their king , and triumphing exceedingly at henry his death . the parliament at bourdeaux commands all men under their jurisdiction , by a decree of the nineteenth of august , . to observe inviolably the edict of vnion in the catholique , apostolike and romish church ; and declarations are hereupon made . the parliament of tholousa is more violent ; they decree , that yearly the first day of august they should make processions and publike prayers for the benefits they had received that day , in the miraculous and fearfull death of henry the third , whereby paris was delivered , and other townes of the realme ; forbidding all persons to acknowledge henry of burbon , the pretended king of navarre , for king ; declaring him uncapable ever to suceed to the crowne of france , by reason of the notorious and manifest crimes contained at large in the bull of excommunication of pope sixtus the fifth . the court of parliament at r●an , no lesse violent and presumptuous then that of tholousa , pronounced them guilty of high treason , both against god and man , and the estate and crowne of france , that had opposed themselves against the holy vnion , and all royalists and their successors deprived of all prerogatives of nobility ; their offices to be void , not to be recovered , and all their goods forfeited : anno . they renew this edict every eight moneth . thus the league kindled afresh the fire which the siege of paris had somewhat quenched : the king raising his siege before it , and returning to arques , the leaguers army followed him , and are there defeated : after which the king with a small army gaines many great conquests , which amaze the leaguers ; he besiegeth paris above three moneths , where more then one hundred thousand people died of famine , yet they force the parliament to publish a decree the fifteenth of iune , . for bidding upon pain of death all men to speak of any composition with henry of burbon , but to oppose themselves by all meanes , yea , with the effusion of their blood . but the belly hath not ears , the people are not fed with paper , or promises , they mutinie and demand peace ; whereupon deputies are sent to the king to treat a peace ; who to defeat the spanish army called in by the leaguers , raiseth his siege , and routs the spanyard , with other forces of the league in sundry places , which makes many desire peace ; yet by meanes of pope clement the eighth his bull , the duke of mayenne , and the popes legate , they intend to summon a convocation of the estates of paris to elect a new king , desiring the cardinall of placentia to assist and confirme this their intended future electior . the parliament of paris removed to chaalons gives sentence against the popes bull , and nulls it : the king sets out a declaration against the leaguers as traitors and rebels , declares this assembly of the estates without his authoritie , to be against the lawes , against the good and quiet of the realme , and all that should be treated or concluded therein , abusive , and of no force . on the contrary , the popes legate , by a publike exhortation full of injuries , labors to perswade the french , that the king , long since dismembred from the bodie of the church , was most justly pronounced uncapable of the crown . the spaniyards labouring the estates to elect the infanta of spain king ; the parliament of paris by a decree of the eight and twentieth day of iuly , declare all treaties made or to be made to that end , void , and of no validitie , as being made to the prejudice of the salique law , and othe fundamentall lawes of state. the king to quiet these differences , and gain peaceable possession of the crown ; most unworthily deserts his religion , reconciles himselfe to the church and pope of rome ; yet one peter barriere , seduced and perswaded by a capuchin of lyons , aubry a priest of paris , and father varide a lesuite , was apprehended at melua , and executed , for attempting to murther the king with a sharpe two-edged knife , which fact he confessed . after this the townes subject to the league , returne by degrees to the obedience of the crown ; the king is solemnly crowned at chartres , rhemes shutting the gates against him . this done , he surprizes paris , and notwithstanding their former rebellions , grants them all free pardon upon their submissions . the parliament at paris disanuls all the decrees of the league , and pretended assembly of estates , as void , and done by private persons , without due election ; grants processe against the iesuites , as chiefe pillars of the league , disgracing the new kings majesty , and the memory of the deceased king in their sermons ; and perswading the execrable attempt of peter barriere to stabbe him : the cardinall of burbon , the duke of nevers with others , protect and 〈◊〉 for them ; who soone after suborne iohn chastle , one of their novices , ( of the age of eighteen years ) to stabbe the king ; who creeping into the kings chamber at the kouure in paris , among the presse , december . . and thinking to stabbe the king in the belly , as he resolved , struck him on the upper lip , and brake a tooth , as he stooped to takeup some gentleman who saluted him ; for which fact he was condemned by the parliament as guilty of high treason , his body adjudged to be torne in peeces by four horses , then burnt to ashes and cast into the winde , and all his goods confiscate to the king : all the iesuites , with their schollers , were hereupon banished the realme , as corrupters of youth , troublers of the publike quiet , enemies of the kings state , and none of them to remaine above fifteen dayes , nor any to harbour them within the realme under paine of high treason . i have heard from a gentleman of credite , which served this king , that when he was thus stabbed in the mouth by chastle , one of the * religion gave him this christian admonition , sir , you have denied god already with your mouth , in renouncing the protestant faith , which you once professed ; now god in his justice hath permitted this iesuite , of that religion you revolted to , thus to stabbe you in the mouth : o take heed you deny him not in your heart , lest the next stroke they give you be to the heart . which fell out accordingly , for n after four or five more severall attemps of the iesuites and papists to murther him , which were discovered and prevented , he was stabbed to death with a knife by one francis ravillac , ( a papist at the iesuites instigation ) as he was riding in his caroch neare to innocents church in paris , for suffering two religions in the kingdome , as the traitor professed . this villaine stabbed him first in the left pap , and next between the fift and sixt ribbe , cutting asunder the veine leading to the heart , and entring into the cava vena ; and being dead the iesuites of his royall colledge at la fletche ( whom he o restored and favoured exceedingly , notwithstanding their former treasons , and banishments of them out of france , causing the pyramis erected by sentence of parliament as a monument of their treasons to be rased , and yet were found to have a chiefe hand in this his death ) begged and procured his heart to be there interred : o the admirable passages of divine iustice , that those two henries , who most advanced the popish religion , and abandoned the protestant faith to humour the iesuites and papists , thereby to secure their crownes and lives , as they beleeved , should thus fatally perish by those of that religion , and their unlawfull revolts thus used to preserve their lives ; whereas our noble . queen elizabeth continuing constant in her religion , notwithstanding all allurements menaces and attempts upon her person , to withdraw her from the truth , was miraculously preserved from all the bloody assaults of this infernall generation of romish vipers , and went to her grave in peace . but to return to this kings actions , p anno . king henry calls a generall assembly at roan in forme of a parliament , where he speaking to the assembly , told them , that at his coming to the crowne he had found france not onely ruined , but almost all lost for the french , but by the grace of almighty god , the prayers and good counsell of his subjects , the sword of his princes , and brave generous nobilitie , and his owne pains and labour , he had saved it from losse ; let us save it now from ruine , participate with me , my dear subjects in this second glory , as you have done in the first ; i have not called you as my predecessors did , to make you approve my will , i have caused you to assemble , to have yovr covnsels , to beleeve them , and to follow them ; finally , to pvt my selfe into yovr hands : a desire which seldome commands kings that have white hairs and are conquerours ; but the love i beare unto my subjects , and the desire i have to adde these twoo goodly titles to that of king , makes me to finde all easie and honourable . after this the king and parliament set forth divers q edicts , against the transportation of gold and silver , the wearing of gold & silver , excessiveusurie , advocates extortions , duels , bankrupts , and the like . this r martiall king being murthered by ravillac , as aforesaid , the crowne descended to lewes his sonne , not then ten years old : the court of parliament at paris having notice of his death , made this decree in parliament , may . anno . whereas the kings attorney generall hath informed the court of parliament , and all the chambers thereof assembled , that the king being now murthered by a most cruell , inhumane and detestable paricide , committed upon his most sacred person , it were very necessary to provide for the affairs of the present king , and for his estate , and hath required that there be present order given concerning the service and good of his estate , which cannot be well governed by the queen , during the minoritie of the king her sonne ; and that it would please the said court to declare her regent , that the affairs of the kingdome may be governed by her : whereupon having consulted , the covrt hath declared and doth declare the qveen ( mother to the king ) regent of france , for the governing of the state , during the minoritie of her sonne , with all power and authoritie . the next day the king himself sitting in the seat of iustice in parliament , by the advice of the princes of his blood , prelates , dukes , peers and officers of the crown , according to the decree made by the court of parliament , declared and did declare the queen his mother regent in france , and to have the care of bringing up his person , and the government of the affairs of his kingdome during his minoritie ; commanding the edict to be enrolled and published in all the bayliweeks , senescaushes , and other jurisdictions depending upon the said court of parliament , and in all other parliaments of the realme ; so that the queene mother was setled in the regency by the parliament and whole state of france . after which ſ pasquier , counsellor and master of requests , writ her a large letter touching the government of the state , wherein he informed her , that she must not forbear to assemble the estates , for the reason that some would suggest unto her , that they will be some blemish to her greatnesse ; it is quite contrary : the estates having confirmed it by publike authoritie , will settle it fully . commonly the estates assemble to provide for the present and future complaints of the generall of this monarchy , and to reduce things to their ancient course ; the people being the foundation whereon this realm is built , and the which being ruined , it is impossible it should subsist : take away these new edicts , impositions and subsidies : it is better to gratifie a people , than to intreat them roughly . above all things beware that you follow not your own opinion alone , in managing the affaires of the realme . hereupon four and fifty edicts and commissions were revoked , wherewith the subjects had been oppressed . t when the king was to be crowned , the prelates made this request to him at the altar before his coronation ; we pray and require that you would grant unto every one of us , and the churches whereof we have the charge , the canonicall priviledges , good lawes , and justice ; and that you will defend us , as a king ought all his bishops and their churches . whereunto the king answered ; i promise to preserve you in your canonicall priviledges , as also your churches ; and that i will give yov ( in the future ) good laws , and do you iustice , and will defend you , by the help of god , according to my power ; as a king in his realm ovght to do in right and reason , to his bishops and their churches . after which having been acknowledged their lawfull prince , by a generall consent of all the orders , the cardinall of ioyeuse presented unto him the oath of the kingdome , ( the sacred bond of the fundamentall lawes of the state ) the which he took publikely in these words , with invocation of the name of god , having his hand upon the gospell , which he kissed with great reverence . i promise in the name of iesus christ , these things to the christians subject unto me ; first , i will endeavour that the christian people shall live peaceably within the church of god : moreover , i will provide , that in all vocations , theft , and all iniquitie shall cease : besides , i will command , that in all judgements equitie and mercy shall take place ; to the end that god , who is gentle and mercifull , may have mercy both on you and me . furthermore , i will seek by all means in good saith to chase out of my iurisdiction and the lands of my subjection , all hereticks denounced by the church ; promising by oath to observe all that hath been said : so help me god , and this holy evangell . after this u bellarmines book of the popes power in temporall causes , becanus , and scoppius books , marianaes book de rege & regis instatutione , suarez his book , with others , which taught , that the pope was above kings in temporall things , and that it was lawfull for private subjects by the popes authoritie to murther kings that were heretikes , and that the murthers of henry the third and fourth , by chastle and ravillac were lawfull and commendable ; were prohibited and condemned to be burnt by edicts of parliament . x anno . the reformed churches of france , at their generall assembly at samure by the kings permission , made a generall vnion , which they did swear to keep inviolably for the good , quiet , and advancement of the said churches , the service of the king , and queen regent , and preservation of the estate ; and appointed six deputies therein , for the dispatch of all their affaires , y anno . the prince of conde with divers other princes , dukes , peer , noblemen , and officers of the crowne retinued from the court in discontent , and meeting at meziers , writ severall letters to the queen , parliament , and others , complaining therein of divers grievances and disorders in the government , which they desired might be redressed , by summoning a generall assembly of the three estates to be free and safe , to be held within three moneths at the furthest , protesting , that they desired nothing but peace and the good of the realme , that they would not attempt any thing to the contrary , unlesse by the rash resolution of their enemies , ( who covered themselves with the cloke of state under the queene regents authority ) they should be provoked to repell the injuries done unto the king and state by a natvrall , ivst and necessary defence . after which with much adoe articles of peace were concluded on at saint manehold , between the king , queen regent , and these nobles ; wherein it was among other things accorded , that the generall estates of the realme should be assembled at sens by the four and . day of august , in which the deputies of the three estates , may with all libertie propound what soever they shall think in their consciences to be for the good of the realme and case of the subject ; that thereby the king with the advice of the princes & estates might make some good laws and ordinances to contain every man in his dutie , to fortifie the lawes and edicts made for the preservation of the publike tranquilitie , and to reforme the disorders which may give just occasion of complaint and discontent to his good subjects : that the kings mariage with spaine , formerly concluded on , should be respited and not proceeded in during his minority : that all garisons put into any places of the realme by reason of the present motions , should be discharged that letters patents be directed to all courts of parliament to be verefied , by which his majestie shall declare , that the said princes , nobles , and others of what quality and condition soever , which have followed and assisted them in these alterations , had no bad intentions against his service , with all clauses necessary for their safeties and discharges , that they may not be called in question hereafter , and that they shall be restored to their offices , estates and dignities , to enjoy them as they had formerly done . and in like manner his majestie shall write to all princes , estates , and common-wealths allied to the crowne , and men of qualitie shall be sent expresly to them , to let them understand what he had found concerning the innocency and good intention of the said princes , officers , and nobles . after which the three estates were published , deputies elected ; and the king ( by his councel and parliament of paris ) was declared of full age , according to a fundamentall law made by charles the fift , ratified by the court of parliament : that the kings of france , having attained the full age of thirteene years , and entring into the fourteenth , they should take upon them the soveraigne government of the estate : whereupon the queen mother in the parliament resignes the regency and reignes of the empire into his hands . after which the three estates assembling abolished the sale of all offices of judicature , and others which tend to the oppression and ruine of the people , suppresse duels ; the commons and deputies of the three estates present a petition of all their grievances to the king , consisting of severall natures , and pray redresse : and for the securing of the kings crowne and person against the popes usurpations and attempts , they desired , that it should be declared by the said estates , and set down as a fundamentall law , that the king did not hold his realme of any but god and his sword , and that he is not subject to any superiour power upon earth for his temporall estates , and that no book should be printed containing any doctrine against the person of kings touching the question too much debated by presumptuous men , whether it be lawfull to kill kings ? the clergy of france except against this article , as a point of doctrine and conscience ( not of state policie , as the commons pretended , fit onely for the clergies determination , not the commons or three estates , ) as a means to ingender a schisme and offend the pope , and after much debate prevail and suppresse it : in fine , after many debates the three estates brake up without any great redresse of their grievances , or full answer to their petitions , which was defaced : hereupon the parliament at paris the seven and twentieth day of march , . decreed , under the kings good pleasure , that the princes , dukes , peers , and officers of the crowne , having place and deliberate voyce therein , being then in the citie , should be invited to come into the court , there ( with the chancellour and all the chambers assembled ) to advise upon the propositions which should be made for the kings service , the ease of his subjects , and good of his estate , and to draw up a remonstrance to this affect . some court parasites presently acquaint the king and queen mother with this decree ; as if it were an apparent enterprize against the kings authoritie , and did touch the queens regency which they would controll ; and objections are made against it in councell , whereupon the parliament are sent for to the court severall times , and ordered to revoke this decree ; they excuse and justifie it , then draw up a remonstrance to the king , consisting of many heads ; wherein among others they affirme , that the parliament of paris was borne with the state of france , and holds place in councell with princes and barons , which in all ages was near to the kings person . that it had alwayes dealt in publike affairs : that some kings which had not liked of the remonstrances of the parliament at paris , did afterwards witnesse their griefe . that popes , emperours , kings , and princes had voluntarily submitted their controversies to the judgement of the parliament of paris , &c. to which i shall adde some passages out of andrew favine , z in his theater of honour , touching the dignitie , power , and honour of the parliaments of france : in the register of the acts of parliament , beginning , . there is one dated the twenty seventh of iune . for matter of murder and assassinate committed on the person of master emery doll , councellor of the said parliament ; whereby it was approved , that it was a crime of high treason , to kill a councellor of parliament . and in anno . on the eleventh day of november , mounseir the chancellor came to advertise the court for going to hear the confession of the constable of saint paul , to whom for his rebellions and disobediences king lewes the eleventh directed his processe . and the said parliament , declared , that there was not a lord in the kingdome so great , except the king and mounsiour le daulphine , but ought to come and appear at the said parliament in person , when it was ordained for him . and this is witnessed by a lyon abasing his tail between his legs , exalted over the gate and entrance of the great chamber , by the parquet des huisiers thereof . so that by this illustrious and soveraigne parliament are ordered and determined the principall affairs of the kingdom . and in anno . the second day of aprill , king lewes the eleventh , sent unto the parliament the oath which he took at his sacring , exhorting the said parliament to performe good justice , according as the king had promised to doe by his said oath , which he purposed to keep ; and the oath is there registred downe . the parliaments of france are oaks with exalted heads , under whose branches the people are covered from the very strongest violencies , which constraineth them to yeeld obedience to their prince : but when princes ( by bad councell ) misprize the authoritie of them whereof they ought to be zealous defenders , as being exalted to the royall dignity , to rule and governe their subjects by justice , they cut off the right hand from the left : if they refuse the holy remonstrances of their parliaments under color that they are not to meddle with affairs of state , but onely with the act of justice , and lend a deaf ear when they are advertised of evill government , it is an assured pronostick , forewarning of the entire decadence of the kingdome . strange and forraigne princes have sought and submitted themselves to the judgement of their parliament , even in their affairs of greatest importance . the chronicle of laureshime , under the year . ( followed by the monk aimonius in the fourth book of his history of france ) reporteth , that king lewes the debonnaire , holding his parliament in may , there came thither from strange provinces , two brethren , kings ofvvilses , who with frank and free good will submitted themselves to the judgement of the said parliament , to which of them the kingdom should belong : now albeit the custom of the said kingdom adjudged the crown to the eldest , according to the right of prerogative allowed and practised by the law of nature , and of late memory in the person of the last dead king liubus father commune to these two contendants ; yet notwithstanding in regard of the subjects universall consent of the kingdom , who ( for the cowardise and want of government in the elder ) had given the crowne to the younger , for valliancie and discreet carriage ; by sentence the kingdom was adjudged to him : and the eldest did him homage , with oath of allegiance , in the said parliament . under the third ligne , in the reign of philip augustus , pope innocent the third , and the emperour otho the fourth , being in variance for the forme and tearms of the oath of fidelity with the said emperour should make to the pope ; they referred it to the judgement of king philip in his parliament , furnished with peers . otho made some exception concerning the forme and terms of the oath ; and not being able to agree of themselves , both parties submitted to the judgement of king philip augustus and of his court of parliament , furnished with peeres : so that by order given at melum in iuly , . the form of the said oath was prescribed , and registred in the parliament register , at request of the said parties , and sent unto otho to render it to the said pope innocent , who sent this assurance and certificate to the said parliament for registring it , being performed . innocentius episcopus , servus servorum dei , charissimo filio nostro philippo francorum regi charissimo , salutem , & apostolicam benedictionem ; absque dubitatione noveritis , quod secundum formam a vobis & curiae regni vestri paribus praescriptam , habetur apud nos jusjurandum charissimi filii nostri othonis romanorum regis illustris aurea bulla munitum , nobis & ecclesiae praestitum . ego otho romanorum rex & semper augustus , tibi domino meo innocentio papae , & ecclesiae romanae spondeo , polliceor , & juro , quod omnes possessiones , honores , & jura romanae ecclesiae , proposse meo , bona fide protegam , & ipsam ad eas retinendas bona fide juvabo . quas autem nondum recuperavit adjutor ero ad recuperandum , & recuperatarum , secundum posse meum , ero fine fraude defensor ; & quaecunque and manus meas devenient , sine difficultate restituere procurabo . ad hanc autem pertinent tota terra quae est de radicafano , usque ad ceperanum , exarcatus ravennae , pentapolis , marchiae , ducatus spoletanus , terra conitissae mathildis , comitatus bricenorij cum alijs adjacentibus terris expressis in multis privilegijs imperatorum , à tempore lvdovici pii francorvm et romanorvm imperatoris christianissimi . has omnes pro posse meo restituam , & quietè dimittam , cum omne jurisdictione , districtu , & honore suo . veruntamen cum adrecipiendam coronam imperij , vel pro necessitatibus ecclesiae romanae ab apostolica sede vocatus accessero , demandato summi pontificis ab illis terris praestationes accipiam . praetere● adjutor ero ad retinendum & defendendum ecclesiae romanae regmvm siciliae . tibi etiam domino meo innocentio papae & successoribus tuis omnem obedientiam & honorificentiam exhibeo , quam devoti & catholi●● imperatores consueverunt sedi apostolicae exhibere . stabo etiam ad consilium & arbitrium tuum de bonis consuetudinibus populo romano servandis & exhibendis , & de negotio tusciae & lombardiae . et si propter negotium meum romanam ecclesiam oportuerit in●urrere guerram , subeniam ei sicut necessitas postulaverit in expensis . omnia vero praedicta tam juramento , quam scripto firmaho , cum imper●● coronam adeptus fuero . actum aquis-grant anno incarnationis dominicae millessimo ducentessimo quinto , mense marcij , regni nostri septimo . william rishanger monk in the abbey of saint albane in england , continuer or the history of matthew parts , observeth under the year . that the king of england , henry the third , and the barons of england , who made warreupon him , committed their whole difference and quarrell to be judged by the parliament of france ; vt pax reformaretur inter regem angliae & barones ventum est adistud , ut rex & proceres se submitterent ordinationi parliamenti regis franc●ae ( in the time of saint lewis ) in praemissis provisionibus oxoniae . nec non pro depraedationibus & damnis utrobique illatis . igitur in crastino s. vincentij , congregato ambianis populo pene innumerabili , rex franciae ludovicus coram episcopis & comitibus , alijsque francorum proceribus solemniter dixit sententiam pro rege angliae , contra barones statutis oxoniae provisionibus , ordinationibus , ac obligationibus penitus annullatis . hoc excepto , quod antiquae chartae joannis regis angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare . in this parliament at amiens were present the king of england , henry the third , queen elenor his wife , boniface archbishop of canterbury , peter bishop of hereford , and iohn maunsell ; and on the barons of englands side a very great number of choice elected lords ; who the same year repasted back into england after the parliament , as the same monk speaketh . thus favino in the behalfe of the french parliaments , concerning whose power and priviledges you may read much more in him and others . but to returne to the former history . a the queen mother was much discontented with this remonstrance of the parliament , pretending that they had an intent to call her regency in question , which all had commended ; that they could not speak of the government of the affaires of the realm , without touching her , &c. whereupon she commanded the chancellour to give them this answer in the kings name : that france was a monarchy wherein the king alone commanded , helding his realm soveraignly from god ; that he had lawes and ordinances by which to governe them , for the which he was not to give an account to any man ; that it did not belong unto the parliament to controll his government ; that they neither could nor ought to complain of the queens regen●● which had been so happy ; that the queen was not to give an account of her regency , but to god onely ; that no man could prescribe unto the king what councellers he should entertain , &c. with many other such bigge words . after which there was a decree made in the councell of state against the decree and remonstrance in parliament , disanulling and revoking them as void , and forbidding the parliament hereafter to meddle with affairs of state. the court of parliament in generall complained much of this decree ; the kings learned councell refuse to carry , or cause it to be read in parliament , because it would cause an alteration of the good affections and devotions of the kings good subjects , and the dis-union of the greatest companies of the realme , who administer justice , which makes kings to reigne : after which this controversie was compremised , and the decree of the councell against the parliament suspended , and not enrolled . soon after the prince of conde , with divers others , seeing all things disordered at court , and little or no reformation of their former grievances , desert paris , expressesse their grievances in sundry letters and articles of complaint , wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three estates ; of the decree and proceedings against the iurisdiction , remonstrance and proceedings of the parliament of paris ; of suffering some councellors of state to usurpe all the power of the kingdom , to pervert the lawes , and change all things as they list ; with sundry other particulars : in these they intreat and exhort all men of what condition or quality soever , that call themselves frenchmen , to assist and ayde them in so ivst a cavse ; conjuring all princes and forraign estates to do the like , and not to suffer such good and loyall subjects to be supprest by such a conspiracie . vpon this the king and q. mother , through advise of these ill counsellors , raise an army , declare these princes and nobles , rebels and traitors , if they submit not by a day : whereupon they arm , raise forces in their own & the publikes defence , and being at noyon , concluded , that as their armes were levyed for the maintenance of the crown , so they should be maintained by it ; to the which end they seized on the kings rents and revenues in sundry places . mean while the protestants being assembled in a generall synod at grenoble , marsh . desdiguires makes an oration to them , to disswade them from opposing the mariage with spain ; wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of religion and liberties : we have leisure to see the storme come , and to prepare for our own preservation : finally , having continued constant in our duties , if they seek to deprive us of our religion , and to take that from us wherein our libertie and safetie depends , purchased by the blood of our fathers and our own , and granted unto us by that great king henry the fourth , the restorer of france ; we shall enter into this comerce full of justice and true zeale , finde againe in our breasts the courage and vertue of our ancestors : we shall be supported in ovr jvst defence by all good frenchmen , assisted by all princes and estates which love the true religion , or the good of this state ; and in a word , we shall be favoured of the blessings of god , whereof we have hitherto had good experience in our arms , and which will be to the glory of his name , and the spirituall advancement of our churches . after which the duke of rhoan and protestants , in defence of their religion and liberties , joyn with the princes and nobles : at last both sides came to articles of agreement made at luudun , anno . whereof these were a parcell , that the grievances of the generall state should be speedily answered ; that soveraign courts should be preserved in their authority , and the remonstrances of the parliament and peers considered of ; that such as had been put from their offices , should be restored ; that all moneys they had taken out of the kings revenues , should be discharged ; all edicts of pacification granted to them of the reformed religion , observed ; the prince of conde and all those of either religion , who had assisted him in this war , held for the kings good and loyall subjects ; all illegall imposts removed ; and all prisoners taken on either side , set at liberty . anno . the king and queene mother seizing upon the prince of conde his person , and sending him to the bastile , upon false pretences of disloyaltie and treason , caused new insurrections , warres , and tumults ; and the princes hereupon meeting at soyssons , resolved to make open war , to seize on the kings revenues , and to fortifie those towns and castles which they held in their government ; which they executed ; and withall set forth a remonstrance of their grievances unto the king , complaining especially against the marshall of ancre and his wife , with their adheronts , who were the causes of all their miseries ; who having drawn unto himselfe the whole administration of the realme , made himselfe master of the kings councels , armies , and forts ; thereby supprest the lawfull libertie and remonstrances of the parliament , caused the chief officers to be imprisoned , and was the cause of the violence done to the prince of ●onde , first prince of the blood : to the end therefore that they might not be reproached to have been so little affected to his majestie , so ungratefull to their countrey , and so unfaithfull to themselves and their posterity , as to hold their peace , seeing the prodigious favour and power of this stranger ; they beseech his majestie to provide by convenient means for the disorders of the estate , and to cause the treaty of loudun to be observed , and to call unto his councels the princes of the blood , with other princes , dukes , peers , ancient officers of the crowne and councellors of state , whom the deceased king had imployed during his reigne . withall they publish a solemne declaration and protestation , for the restoring of the kings authority , and preservation of the realme . against the conspiracie and tyrannie of the marshall of ancre , and his adherents : who finding no safetie in the settling of justice , resolved to make triall of his power , by violating the publike faith , thereby to plunge the realme into new combustions , conspiring to destroy the princes of the blood , of peers , and chiefe officers of the crowne , and to oppresse them altogether , with the state , who might be an obstacle to his ambitious designes . to which end he raised false accusations against them , as if they meant to attempt the kings and queen mothers persons ; and caused the king to go in person to his court of parliament to publish a declaration , whereby they were declared guilty of treason ; though at last being better informed , he declared them to be his good subjects , and caused de ancre to be suddenly slain in the louure , and his wife to be legally condemned and executed : vpon which the new councellors and officers advanced by him , were removed , the old restored , the princes reconciled to the king , and by him declared for his good and loyall subjects : vpon which followed a generall assembly of the estates , wherein divers grievances were propounded , and some redressed ; the king therein craving their advice for the setling and ordering of his privie councell . b anno . there happen differences between the king and queen mother , who fortified towns , and raised an army against the king ; at last they came to an agreement , and were reconciled . the two following years were spent in bloody civill warres betweene the king and those of the religion , who avowed their defensive warres lawfull ; which at last concluded in peace : that lasted not long , but brake out into new flames of war , by reason of the great cardinall richelieu , who of late years c proved the greatest tyrant and oppressour that france ever bred , reducing both nobles , gentlemen , and peasants into absolute slavery and vassallage , to make the king an absolute monarch of france , and himselfe both pope and monarch of the world : but he lately dying by the of divine iustice of filthy vicers and diseases , and the king since being ( some say ) poysoned by the iesuites , who murthered his two immediate predecessors : wise men conjecture the french will now at last revive and regain their ancient , just , hereditary freedom , rights liberties , and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years , and almost brought to utter desolation . i have the longer insisted on these histories of the kings and kingdom of frances ( which clearly demonstrate the realm , parliament and three estates of france to be the soveraigne power in that kingdom in some sort , paramount their kings them selves , who are no absolute monarchs , nor exempted from the laws , jurisdiction , restraints , censures of their kingdom and estates assembled , as some falsly averre they are ) because our royalists and court doctors parallell england with france , making both of them absolute monarchies ; and our greatest malignant councellors chiefe designe hath been to reduce the government of england to the late modell and new arbitrary proceedings of france ; which how pernicious they have proved to that unfortunate realm , what infinite distructive civill warres and combustions they have produced , and to what unhappy tragicall deaths they have brought divers of their kings , princes , nobles , and thousands of their people , the premisses & other storyes , will so far discover , as to cause all prudent kings and statesmen , to steer the helme of our own and other kingdoms by a more safe , steddy , and fortunate compasse . thus i have done with france , and shall recompence any prolixity in it , with greater brevity in other kingdoms , when i have overpassed spain . from france i shall next steer my course to the kingdomes and kings of spaine , whom iacobus valdesius chancellor to the king of spain in a large book de dignitate regum regnorumque hispaniae printed at granado , . professedly under takes to prove , to be of greater dignity , and to have the precedency of the kings and kingdoms of france , which * cassanaeus and all french advocates peremptorily deny . the first kings of spain , over-run by the goths and wisigoths , are those their writers call the gothish kings , who as michael ritius de regibus hispaniae , l. , & . iohannis mariana de rebus hispaniae , l. , . the generall history of spain , and othes affirme , were elected by , and had their authority from the people : you may reade their lives and successions at large in these authors , and finde d some of there dis-inherited and deposed by their subjects , others of them in ward during their minorities to such as the state appointed ; others murdered , but all of them subject to the lawes of their realms , as it is evident by the expresse ancient law of the wisigoths , having this title ; e quod tam regia potestas quam populorum universitas legum reverentiae sit subjecta ; by other lawes thereto annexed , by iohannis mariana de rege & regis institutione , l. . c. . f those whom they properly call kings of spain , had their royall authority derived to them , conferred on them by the people ; upon this occasion . spain , being a provincesubject to the roman empire , was spoyled , over-runne and possessed by the barbarous moors for many years ; in which time the spanyards oft solicited the roman emperours for ayde to expell the moors , but could gain none . whereupon to free themselves and their countrey from slavery , they chose one pelagius for their captain , by whose valour they conquered the moors , and thereupon by unanimous consent elected and crowned pelagius king of oviedo , whom the spanish writers mention as the first king of spain : and this their desertion by the emperours , the spanish writers generally hold ( and ( g ) iacobus valdesius proves it largely ) to be a sufficient lawfull ground for the spanyards ; even by the generall law of nations , to cast off their subjection to the roman empire , and to elect a king , erect a kingdom of their own , exempt from all subjection to the emperor , since they purchased their own libertie and countrey from the gothes by conquest , of themselves alone without any aide or assistance from the roman emperours , to whom ( for this reason ) they hold themselves and their kingdom no wayes subject ; yet for all this they deem their kings inferiour to their whole kingdoms , and censurable , yea deposable by them , as is cleer by the h forecited passage of the bishop of burgen , ( ambassadour to the king of spain , in the councell of basill , and by johannis mariana the jesuites book , de rege & regis institution , dedicated to philip the third , king of spain , printed at madrit in spain , by this kings own speciall priviledge , dated at madrit , january . . and after this reprinted at mentz in germany , anno . cum privilegio sacrae caesariae majestatis , ( to wit , of the emperour radulph the second ) & permissu superiorum ; who certainly would not thus specially approve , authorize this book for the presse , had it maintained any positions contrary to the laws , or derogatory to the prerogative royall of the crownes and kingdoms of spain , though other states cannot so well digest it . in this very book the authour ( who hath likewise written a large history of the affaires and kings of spain ) professedly maintains ( in a speciall i chapter , wherein he debates this question , whether the power of the republike , or king be greater ? ) that the whole kingdom , state and people in every lawfull kingdom , and in spain it selfe , are of greater power and authority then the king : his reasons ( which i have for brevity digested into number in his own words ) are these : first , because all royall power that is lawfull , hath its originall from the people , by whose grant the first kings in every republike were placed in their royall authoritie ; which they circumscribed with certain laws and sanctions , lest it should too much exalt it selfe to the distruction of the subjects , and degenerate into a tyrannie . this appears in the lacedaemonians long since , who committed onely the care of warre and procuration of holy things to the king , as aristotle writes . also by a later example of the aragonians in spain , who being incited with an earnest endeavour of defending their libertie , and not ignorant how the hights of libertie are much diminished from small beginnings , created a middle magistrate , like the tribunall power ( commonly called at this time aragoniae iustitia , the justice of aragon ) who armed with the lawes , authoritie and endeavours of the people , hath hitherto held the royall power included within certain bounds ; and it was specially given to the nobles , that there might be no collusion , if at any time having communicated their counsell among themselves , they should keep assemblies without the kings privity , to defend their lawes and liberties . in these nations , and those who are like them , no man will doubt , but that the authoritie of the republike is greater then the kings . secondly , because in other provinces where the people have lesser and the kings more power , and all grant the king to be the rector and supream head of the commonwealth , and to have supream authoritie in managing things in times of warre or peace ; yet there the whole commonwealth and those who represent it , being chosen out of all estates , and meeting together in one place , ( or parliament ) are of greater power to command and deny , than the king , which is proved by experience in spain , where the king can impose no taxes , nor enact no laws if the people dissent or approve them not : yea , let the king use art , propound rewards to the citizens , sometimes speak by threats to draw others to consent to him , solicite with words , hopes , and promises , ( which whether it may be well done we dispute not : ) yet if they shall resist , their judgement shall be preferred and ratified before the kings will. thirdly , because when the king dies without issue or heir , the kingdom and people , not the prince deceased , ought to chuse the succeding king out of another family . fourthly , because if the king vexe the republike with his evill manners , and degenerate into an open tyrannie , the same commonwealth may restrain him , yea , deprive him of the principalitie , and of his life to , if need be ; which it could not do unlesse it were of greater power then the king. fiftly , because it is not likely that the whole kingdom and common-weal would ever strip themselves of all power and authority , and transfer it to another , without exception , without counsell and reason , when they had no necessitie to do it , that so the prince subject to corruption and wickednesse , might have greater power then they all , and the issue be more excellent then the father , the river than the spring ( the creature than the creator of it : ) and although perchance it be in the pleasure of the commonweal to take away the plenary power from it self and give it to the prince , yet the commonwealth should do unwisely to give it , and the prince rashly to receive it ; by which the subjects , of free men should become slaves , and the principalitie given for their safetie , should degenerate into a tyrannie , which then onely is regall , if it contain it self within the bounds of modesty and med●critie ; which power whiles some unwisely labour daily to augment , they diminish and utterly corrupt it , that power being onely safe which puts a measure to its strength ; for a prince ought to rule over those who are willing , to gain the love of his subjects , and seek their welfare ; which power if it grows grievous , takes the king off his peoples love , and turns his power into weaknesse : which he proves by the forecited saying of theopompus : for princes who impose a bridle on this greatnesse , more easily govern themselves , it , and their subjects ; whereas those who forget humanity and modestie , the higher they climb , the grea●er is their fall : this danger our ancestours , wise men , considering how they might keep their kings within the limits of mediocrity and modesty ; so as not to lift up themselves with overmuch power , to the publike prejudice , have enacted many things wisely and excellently ; among others , this , that nothing of great moment should be decreed without the consent of the peers and people ; and to that end they had a custom to assemble parliaments chosen out of all orders of men , as prelates , lords , and burgesses of cities ; which custom at this time is still retained in aragon and other provinces ; and i wish our princes would restore it : for why is it discontinued for the most part in our nation , but that the common consent being taken away , and parliaments excluded , wherein the publike safety is contained , both publike and private affairs may be turned into the princes pleasure , and the lusts of a few corrupt , vicious , and voluptuous courtiers and parasites may domineer and order all things . sixtly , because many great and learned men held , that the pope of rome , who is of greater power then any king , is yet subject to the whole church and a generall councell ; therefore the king must much more be inferiour to his kingdom . seventhly , because the whole commonwealth hath greater strength and forces than the prince , be he never so great in power ; and therefore if they disagree their power will be greater : yea , aristotle wisely would have the commonweal , not onely to be of greater authority , but likewise to have stronger forces then the king ; which he proves by aristotles forceited words , by the practice of the ancients , and those of syracuse , who did moderate their tyrants and kings guard so , that they might be able to over-power and master them upon any occasion . how great the authoritie of our republike and nobilitie was in the times of our ancestors , i will give you but one example , and so conclude : alfonso the eight king of casteil besieged concha , a city seated in rockie places , and the most firme bulwark of the moors territories on that part : wanting money to pay his souldiers , and thereupon provisions failing , the king hastens to burgon ; and in a nationall assembly , he demands , that because the people were wearied with taxes for supporting the warre , the gentlemen would give five muruedines a poll to his treasury ; that this opportunitie of blotting out the name of the mores was not to be omitted . dieglius then governour of cantabria , assented to this counsell , peter earl of cara withstood this motion , and gatherieg a band of nobles , departed from the assembly , readily to defend with armes the liberty gotten by their ancestors with armes and valour ; affirming , that he would neither suffer a beginning to be made of oppressing and vexing the nobilitie with new subsidies , from this entrance or occasion ; that to suppresse the mores was not of so great moment , that they should suffer the commonwealth to be involved in a greater servitude . the king moved with the danger , desisted from that purpose . the nobles taking advice , decreed to entertain peter with a banquet every year , as a reward to him and his posteritie of this good service , a monument so posterity of a thing well done , and a document that they should not suffer the right of libertie to be diminished upon any occasion . let it be a fixt resolution therefore to provide for the safetie of the commonwealth , for the authority of the prince yet so as to retain their royall principality in order with certain bounds and limits , and that those vain talking parasites and decevers may not ruine both , who exalt the princes power without measure , of which we may see a great number in princes courts , excelling in wealth , favour and power , which plague shall alwayes be accused and complained of , but shall ever be and continue . thus mariana , who in his next chapter ( worthy reading ) proves at large by invincible arguments , k that all kings and princes ( among others the kings of spain ) are , and ought to be bound by laws , and are not exempted from them ; that this doctrine ought to be inculcated into thy mindes of princes from their infancy , and to be beleeved , yea oft considered of them ; that they are more strictly obliged to observe their laws than subjects , because they are sworn to do it ; they are the conservators of the laws , the avengers of those that infringe them , and their examples are the best means to draw subjects to obey them . where he again affirms , that the whole kingdom is above the king , and may not onely binde him by lawes , but question him for the breach of them . before both these , in his first book de rege & regum institutione , chap. , , , , . he affirms the like ; adding moreover , that in many other realms more , where the crown is hereditary , the whole commonwealth , not the king hath and ought to have the chief power to designe by a law ( which the king himself may not alter , but by their consents ) who shall be the next heir , to avoid questions and commotions about the title to the crown : that where the right of the crown is in controversie the whole kingdom and state ought to decide the right , and settle it where they see best cause : that if the right heir in hereditary kingdoms , yea in spain , be an ideot , infant , woman , or a person unmeet or not so fit to govern● as others of the blood , he may be lawfully put from the crown , and another of their race lawfully substituted king in his place by the whole state , especially when the good or safetie of the commonwealth requires it ; because the safety of the people is the supremost law , and what they by common consent have enacted onely for the publike safetie , they may without any obstacle alter , when things require it , by like common consent ; especially , because the hereditary rights of reigning are for the most part made , rather by the dissimulation of the people , not daring to resist the will of former princes , then by their certain will , and the free consent of all the estates : that he which is thus settled by consent of all the estates hath a just title against the next heir of the blood and his issue , who are put by the crown ; else divers kings and princes now reigning in spain & elswhere , should be usurpers and want good titles to their crownes , they or their ancestor● being not the next right heires of the royall stock ( for all which particulars he gives sundry instances in the kingdomes of spaine ) as in berengaria , blanch , the mother of lewes of france , ferdinand , sancho the younger sonne of alfonso , henry the bastard , iohn king of portugall , fardinand , and iohn the . of aragon , &c. concluding . that if the king degenerate into a tirant , by subverting religion , lawes , liberties , oppressing , murthering , or deflowring his subjects ; the whole kingdome may not onely question , admonish , and reprehend him , but in case he prove incorrigible after admonition , deprive him , and substitute another in his place ; which ( saith he ) hath been done more then once in spain : thus king peter was publikely rejected for his cruelty to his subjects , and henry his brother ( though of an unclean mother ) obtained the crowne : so henry his nephewes nephew for his slothfulnesse and evill manners was deposed by the nobles suffrages , and alphanso his brother , though but a yong child proclaimed king. after his death elizabeth , ( henry his sister ) had the chiefe government of the realme leaving henry . and for a conclusion he addes , that such a tyrannicall king continuing incorrigible after publike admonitions of the whole state , if there be no hopes of amendment , may not onely be deposed , but put to death and murthered by the whole state , or any particular persons by their appointment ; yea without it , ( a note somewhat above ela ) if he be declared a publike enemy by the whole state ; and in case the whole states cannot publikely assemble by reason of such a princes knowne notorious tyranny , he writes , that then in such a case it is lawfull for any private man to murther him , to free the countrey and kingdome from destruction . adding , that it is a wholsome meditation for princes to be perswaded , that if they oppresse the common-wealth , if they become intoller able thorow vices and filthinesse , l that they live in such a condition , that they may not onely be slaine of right , but with laud and glory . peradventure this feare ●●●retard some princes that they give not themselves wholly to be corrupted with vices flatterers , and cast bridles upon their fury . that which is the chiefe , let the prince bee perswaded , that the authority of the whole common-wealth is greater then his , being but one , neither let him beleeve the worst of men , affirming the contrary for to gratifie him , which is very pernicious . all these positions of mariana ( however other kings and kingdomes may relish them , especially the last touching private subjects , which few can approve , the parliaments of france doing publike execution on this book , as they had just cause , for extolling and justifying the barbaro●s murther of their king henry the . by james clement a dominican frier , l. . c. . p. . to . and justifying the guises rebellion ) are yet authorized as catholike and orthodox by the most catholike king of spaine , and the emperour of germany , in whose kingdomes they passe for currant coyne , the most dangerous of them being seconded , not onely by hieronymus blanca in his aragonensium rerum commentariis , iohannis pistorius hispaniae illustratae , &c. and other spanish historians collected by him , but likewise by m alvarius pelagius , cardinall tolet , capistranus , dominicus bannes , franciscus victoria , simancha patensis , gregory de valentia , suarez , the doctors of salamancha , becanus , bellarmine , with other spanish iesuites & writers , who most heretically affirme , that even the pope alone either with or without a councell , for heresie ( as they deem it ) and obstinacy against the see of rome , may excommunicate , censure , depose , kill , or murther any christian princes , depose them from their thrones , dispose of their crownes to others at their pleasures , absolve their subjects wholly from their allegeance , and give subjects power to rise up in armes against and murther them by open force or secret treachery ; which bishop bilson truly affirmes to be farre more dangerous and derogatory to princes , then to attribute such a power , not to any particular persons but to their own whole kingdomes and parliaments onely : who being many in number , of the same nation and religion with , and having many dependances on , and many engagements by oath , duty , favours , benefits to their princes , lesse malice against them , judging onely according to the fundamentall lawes of the realme , and former presidents of their ancestors , and aiming at nothing but their kingdomes safety , are like to be more just indifferent iudges of their princes action when questioned , then the pope , a meer enemy and forraigner ; who proceeds by no other authority , but what he hath unjustly usurped from kings , and by no other rules but his owne will , pride , malice , honour , or profit . i have thus given you an account of the kings of spaines subordination to their whole kingdomes and lawes in point of thesis and positive doctorine approved by themselves , professed by their eminentest writers , i shall now proceed to historicall examples to confirme it in point of practise . o ordogno the . king of castile , summoned . earles of castile to appeare before him , who refused to goe to the warres against the saracens , promising them safe conduct , not withstanding he commanded them to be apprehended , imprisoned and slain ; for which bloody treachery those of castile rebelled against him , rejecting his government , and providing for the safety of them and theirs , duos milites , non de potentioribus , sed de prudentioribus eligerunt , quos & iudices statuerunt , &c. they elected two prudent knights of their owne to be their magistrates and iudges , to governe them , to manage their warres , and administer justice to them : the one was named flaevius calvus , the other nunius , surnamed de rasura , whose son gondesalvus after his fathers death , was substituted in his place , made generall of the militia ; ( principatum militiae addiderunt ) and his son after him , tam à magnatibus & militibus , quàm ab vnivers is popvlis castelanis , made earle of castile , and all submitted themselves to his government , rejecting the dominion both of ordogno and his brother king froila after him , for their tyranny and trechery . p alphonso the great king of gallecia about the yeere of christ . imprisoning his eldest sonne garsias , laying him in irons and exercising other cruelties , was by the practise of his owne queen semena and his other sonnes and nobles , so prosecuted and put to such streights ; that they enforced him to resign his crown to his sonne garcias , and to deprive himselfe of his gouernment in the presence of his sons and the grandees of his realm ; after which he requested his sonne to raise and grant him an army to goe against the sarazens , who condescending thereto , hee gained a glorious victory ouer them , and so dyed q alphonso sonne of ordogno , king of castile , after . yeers reigne , out of levity rather then religion , resigned his crown to ramire his younger brother , and then turnd monk about the yeer . but not long after , casting off his coul & leaving his monastery , he began to raise forces , and to aspire to the crown again which he had resigned ; wherupon ramir raised an army against him , and after . yeers waries took him prisoner , put out his eyes , and thrust him into a monastery . r iohn the first , the king of castile after the death of ferdinand king of portugall claimed that kingdome in right of eleanor his wife and next heire , but the portugals elected iohn , a bestard , a knight of the blood royall for their king , and excluded eleanor . henry the . the . king of castile , having no children lawfully begotten , would have made elizabeth his bastard daughter heire to the crown ; but the nobles would no wayes permit it , and resisting him with all their might , preferred his own sister elizabeth to the crown , and married her to ferdinand the . sonne to iohn king of arragon , rejecting his spurious daughter . and frier iohn de teixera i● his book of the originall of the kings of portugall , affirmes , that the kings of portugall were usually elected by the svffrages and free choice of the people , who had power to conferre the kingdome on whom they pleased : averring , that alfonso . . and . iohn the . emanuel and antonio , kings of portugall , were thus elected . which though ſ duardus nomus leo , a portugois lawyer denyes , and seemes to refute ; yet he grants freely , that the parliament or assembly of the estates in portugall have usually determined the title , right , and ordered the succession of that crown in the cases of these princes , and determined of their legitimate or spurious birthes : that when the kings of portugall have dyed without heires , they have by the law of all nations freely elected whom they thought meetest for their king : and that after the death of king ferdinand , they put by iohn and ferdinand the sonnes of king peter , begotten of agnes de castro his concubine , from the crown , because they were bastards ; and moreover enemies to the name and realme of the portugois , entring with henry and peter kings of castile , in an hostile manner with an army into the confines of portugall wasting them every where , and doing great dammages to , and committing many murthers among their citizens ; for which reason , the states assembled at coimbri , resolved , that although they were legitimate , yet they covld not obtain the svcession of that kingdome , quod se hostes & alienos a portugalia declarassent , because they had thvs declared themselves enemies and aliens to portvgall . and therefore beleeving the kingdome to be void for want of a right heire to succeed , in which case , by the law of all nations they might lawfvlly elect them what king they pleased , they chose iohn the bastard , king. after which he shewes , that philip the . his title to the crown , was long debated by , and resolved in the assembly of the states of portugall in the life of king henry , who summoned all the pretenders to the crown to come and declare their titles to it in a parliament held at almierin , upon the petition of the senate and people , who earnestly pressed him , that the title of the crown might be setled and discided during his life , to prevent division and civill warres after his death : by which it is apparent , that the assembly of the estates of portugall , is the most soveraign power and above their kings themselves . it is clear , that the gothish kings which reigned in spain were not hereditary , but elective , yea , censurable , excommunicable , and desposable by them for their male-administrations . t the generall history of spaine is expresse , that among the goths they did not reigne by right and succession from father to sonne , but those were chosen kings among them , which were held worthy ; which election was made by the nobility and people , and if any one did affect that dignity by any other unlawfull meanes , he was excommunicated and rejected from the company of christians ; as appeares by the . councell of toledo . thus vallia the . king of the goths , an. . agila the . king an. . luiba the . king an. . gundamir the . king an. . suintilla the . king an . v tulca the . king an. . bamba the . king of goths , an . . to omit others , were elected by the nobles and people , though now and then the crown went by succession through usurpation rather then right , x theodiscle the tenth king of the goths in spaine , giving himself to lusts and adulteries , polluted great and honest families , corrupted nobles wives , and committed many murthers ; whereupon the chiefe of the goths conspiring against him , strangled him at sevill ●●oting in his banquets , and elected agila for their king : so victrix the . king of the goths , a vitious base unworthy prince , was miserably slain by his own people for his vitiousnesse , as he sate at table . y suintilla the . king of the goths , in the beginning was a good prince , but in the end he grew exceeding covetous and cruell ; wherefore the goths made him resign his kingdome about the yeare . and deprived him of the crowne , he was likewise excommunicated by the bishops ( whose power at that time began to equall that of kings ) at the councell of toledo ; which interdicted him , with geilands brother , their wives and children , the communion and fellowship of the church , and the possession of their goods gotten by violence and tyrannicall meanes ; and sisenand his adversary , with the consent of the people , obtained the kingdom . the . z councel of toledo under cinthilla the . king of goths , about the yeare . decreed , and by a perpetuall law imposed on the kings of spain , not to suffer any one to live within their dominions which was not a catholike ; the which their kings should solemnly sweare before they were crowned ; and if any king should goe against that law which he had thus sworn he should be excommunicate and accursed in sight of the eternall god and made the fuell of eternall fire : which canon was made , not only by the assent of this king & his bishops 〈…〉 with the consent & deliberation of his nobles and great men . in the a . councel or toledo under this king it was decreed gen. , , , that the kings children and faithfull servants after their deaths , should not be deprived of the lands , honours , and just rewards by the ●ucceeaing kings , which had been conferred on them in their lives ; that no man should aspire to the crowne licentiously , under pain of excommunication and a divine anathema , whom neither the election of all , nor the nobility of the gothish nation had no , advanced to this top of honour . that none should , auring the kings life endeavour or use meanes to succeed him after his death ; nor yet revile the prince , under paine of excommunication . all which particulars were ratified by new b canons in the . councell of toledo under this king , can. , , , . with this addition ; that the king being dead , none should usurp the kingdome by tyrannicall presumption ; that none who had been sh●●ven a monke , or dishonestly bald , or descended from a servile stocke , or a man of a forraign nation , unlesse worthy both in respect of his pedigree and manners , should be promoted to the throne of the kingdome ; nor no man attempt the princes destruction , life , or usurp his crowne tyrannically , under pain of being 〈◊〉 with a perpetuall anathema , and eternall condemnation , for breach of any the premises . these councels , as mariana observes , were in truth generall assemblies of the estates , where they handled not only matters of religion , but likewise of the common-weale by common consent of all . bamba the . king of the goths ( after c lewes de mayern turquets computation which i follow but ● . after roderick sancho ) was elected king by the goths , as he was plowing with his oxen in the field , being a plain countrey man. some say , that he would never have received this honour and charge , but by constraint , and that refusing absolutely , a noble man of the goths drew his sword , and threatned to kill him if he did not yeeld to the gothes intreaties , and that his goad wherewith he drove his oxen did suddenly in his hand bring forth leaves , fruit , and roots ; whereupon he took this dignity upon him , more for fear than for any desire to reign . anno . after which eruinge ambitious of command , poisoned king bamba , so as he became madde ; for curing whereof many naturall and superstitious medicines were applyed , but to small effect ; so as bamba coming a little to himself again , and finding his disabilitie to govern , willingly quit the crown , and retired himselfe into a monastery at pampliga , where he lived seven years and one moneth , and d eruinge was chosen king in his place , whose election was confirmed and allowed lawfull in the councill of toledo , can. . as elected thereto by god , and all the peoples desires ; whom this councell absolved from their oath of allegiance formerly made to king bamba , whiles he held the kingdom . in the e thirteenth councell of toledo under this king eruinge . anno . it was decreed , that neither the king nor any other should marry the widow of the deceased king , upon pain of excommunication , and to be damned to hell fire . vitiza f the nine and twentieth king of the gothes , at his first coming to the crown , shewed himself milde , liberall and religious , but soon after became the infamy and dishonour of kings , being full of all excesse of lust , impiety , hypocrisie and dissimulation , and exceeding in all vices without shame ; he filled his palace with many wives , which he married , and concubines too ; he publikely allowed to all men , nobles , commons , priests and clergy , to marry as many wives , and keep as many whores as they pleased ; he used great crueltie to many : flattered the clergy , lest by their censures they should draw the people from obeying so filthy and unchaste a king . to prevent all rebellions ( under the colour of peace which spain did then injoy ) he caused all the towns of spain to be dismantled , except leon , toledo , and asturica ; he disarmed the people , disanulled all the immunities of the church ; he recalled the banished the jews , and granted them great priviledges ; he advanced a most wicked wretch to great honours , execrable to all the people , that so he might not say , himself was the worst of men : finally , as a presage of his future miseries , he shewed ( in all sorts of excesse and violence , contrary to the laws of god and men ) what princes ill instructed and ignorant of true pietie could do : a buffone asking him me●rily , why do you being a king & the son of a king do thus , you may lose your kingdom ? hereplyed like another dionysius , my father left me his kingdoms , not fortune . in fine , g rodorick obtained the corwn ; who soone after exceeded vitiza in all manner of vices , cruelty , and tyrannie , and ravished the daughter of iulian earl of cava , whiles he was in embassage in affrick for the affairs of the kingdom ; who to revenge this indignity , and cast out this wicked monster , anno . called the mores into spain , who over-ran and conquered the kingdom , destroyed rodorick , and put a period to the gothes kingdom in spain . thus tyrannicall vitious princes ruine at last both themselves and their realms . among the h lawes of the wisigothes , lib. . c. . . i finde not onely an act declaring their kings to be subject to their lawes as well as subjects , but likewise a law restraining their kings excesses , and dis-inabling them to alien their crown lands or revenues to their own children or others , but onely the lands which themselves shall purchase ; which was likewise decreed in the eighth i councill of toled● , under king rec●●ni●thus , where in there was this complaint made . quosdam conspeximus reges , post quam fu●rint regni gloriam assequuti , ex●●nuatis viribus populorum , rei propriae congere●e lucrum ; & 〈◊〉 , quod reges sunt vocati , defensionem in vastationem conversunt , qui vastationem desensione pelle ● debuerunt ; illud gravius inn●ctentes , quod ea quae videntur acquirere , non regni deputant honori , vel gloriae , sed ita malunt in suo jure confundi , ut voluti ex debito descernant haec in liberorum posteritatem transmitti : resolving , that non personae sed 〈…〉 subdi debere , non habenda parentali successione , sed possidenda regali congressione ; regem terrenum jura faciunt , non persona , &c. i likewise finde another k law , nullifying all unjust judgements and sentences given by iudges through fear or command of the king. and another law , giving the king power over all offenders against himself , but denying him power to pardon any delinqu●rts against the nation or countrey . all which considered , prove the whole state , kingdom and councels among the spanish gothes , to be about their kings , who were lyable to their restraints , excommunications , laws , * censures , depositions , for their male-administrations , vicious lives , and not successive but elected by them . l p●lagius the first king of oviedo , was elected king , and that kingdom erected by the generall consent of the people oppressed by the moors , about the year , . during whose reign there were severall vice-royes of the moors in spain , as alcazazin , and alhatan and others . his sonne king fasila was slain by a bear which he pursued in the mountains : i doubt his subjects would have resisted him as well as the bear , had he made war upon them . froila the fourth king of ovedo treacherously slew his own brother vtmaran a gallant knight , generally beloved , ( out of jealousie ) lest he should usurpe the crown ; in revenge of whose death he was soon after slain by his own brother aurelius , anno . who succeeded froila in the realm , notwithstanding he le●t a son called d alphonso the chaste ; but the hatred that the noblemen did bear unto his father , was the cause of his rejection , being then also very young ; whereby it appears , that the right of succession was not in those dayes practised in spain ; s●ll● his brother-in-law succeeded him ; after whose death by generall consent , the kingdom was given to alphonso . m ramir the tenth king of oviedo did that which all other princes abhor , for he received his son to be companion with him in his kingdom , and caused his brother garcia to reign with him , so as there were now two kings and courts in oviedo , both agreeing well together . anno froila dying without issue , because his children were too young to reign , the nobles conferred the kingdom on alphonso the fourth , who after five years turned monke . n ramir the third , twentieth king of leon , abandoning himself to a voluptuous life , contemned all good counsell , so as the earls and noblemen of gallicia seeing his folly , and discontented with his vices , scorned him , and would no more acknowledge him to be their king , electing bermund for their soveraigne , and intituled him king of gallicia , which title he enjoyed ten years : about which time the moors in spain which had one king reigning at cordova , after the death of king mahomet , made so many petty kings , as there was scarce any good town in spain , but had a particular king , which made strict alliances among themselves , for the preservation of their estates . o anno ● ● , garcia king in gallicia growing a tyrant , spoiled and ill intreated his subiects , governing himself after the appetite or a base woman , who put the nobilitie and gentry in favour or disgrace with the king as she pleased , so as in the end growing insupportable , certain knights slew her in the kings presence ; his brother sancho taking advantage of the peoples hatred , entred his realm with a great army ; who thereupon being deserted generally by his people , fled to the moors for ayd , and fell to spoil his own countrey , after which he was defeated , taken prisoner , and so kept in the castle of lune with a good guard till his death . i read in p iohn mariana , that in the councill of florence under pope victor the second , anno . hildebrand a cardinall deacon embassadour to henry the second , emperour of germany , complained in the councill against ferdinand king of spain , in the emperors name , that against the custom of his ancestors and prescript of laws , he did with incredible arrogancy and levity hold himself exempt from the power of the roman empire , which iniury himselfe could gladly suffer , if there were no other losse but of his own honour ; but since the estate of christendom could not well subsist , and the popes authority would likewise be impaired , unlesse all christian kingdoms were united and knit together under one temporall head the emperour , whom they should obey ; they ought to suppresse the springing temerity in the wombe , lest by their neglect spreading it self into other provinces , animated with the sweet , and oft-times deceitfull name of libertie , the sacred majestie of the empire and popedom should be reduced to an empty title ; wherefore he desired them to interdict all spain , and excommuniate the king ; which if they did , he would be assistant to the churches honour and republiks safety then indangered : but if they refused it out of fear , he would not be wanting to the honour of the empire , & would certainly look to himself in private . the pope after some deliberation , approved this motion as just , & thereupon sends legats to ferdinand in his own and the councils name , to satisfie the emperors demands forthwith , under pain of present excommunication . the king doubtfull and fearfull whether to obey or not , summons a generall assembly of the estates of the realme : the clergy and religious sort of men perswaded submission , for fear of the popes excommunication ; the fearfuller sort concurring with them , by reason of the emperours power and their own weaknesse and distraction , and the kings desires of peace , inclined most to their opinion . but some heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of spain ; which being once admitted on their necks , they should hardly shake off again ; that it was better to die fighting , then that the republike should be involved in so great a mischief and indignitie . rodoricus diacius , a noble spanyards opinion ( then absent from the assembly ) being required by the king and it , answered . that this was no matter of counsell : that what was gotten with arms was to be defended with arms ; that it seemed most unjust , that the fruit of others valour should return to those who in their lost condition had not communicated in the labour and danger which recovered it ; that it was better to die valiantly , than to lose the liberty gained by their ancestors , to become a mocking-stock to a barbarous and cruell nation , who contemned all men but themselves ; whose ears were proud , whose speeches contumelious , whose accesse difficult , riotings new , cruelty inhumane ; shall we who have yet hardly escaped the servitude of moors , undergo a new bondage prepared from the christians ? they will deride both us and ours . doth the whole world , as farre as christianity extends it selfe , obey the german emperours ? shall all the grace , power , honour , riches , gained by ours , and our ancestors blood , give place to the germans ? shall they leave dangers , repulses , iudgemen , want to us ? shall germany again lay on us the yoke of the roman empire , which our ancestors have shaken off ? shall we be a vulgar people without grace , without empire , without authority , obnoxious to those , to whom if we had vigorous mindes , if we were men , we might be a terrour ? but it is difficult to resist the emperous endeavours , not to obey the roman pontifs commands ; verily it a basnesse of spirit , for an uncertain fear of war , to involve the commonwealth in most certain dangers : many things are effected by triall , which seemed difficult to slothfull men . i know not what stupidity hath seized on many , whom neither glory moves , nor the infamy of the wretchednesse , thinking it great liberty enough if they be freed from scourges ? i suppose the popes ears will not be so averse to our affairs , that he will not be moved with our most just prayers , and the equity of the cause ; let some now be sent , who may boldly defend the cause of our liberty before him , and teach him , that the germans demand unjust things . mine opinion is , that the liberty gained by our ancestors , is to be defended with arms against the attempts of all men , and with this my sword i will maintain , that they are most wicked traitors to their covntrey , who out of a simulation of a fond religion , or shew of preposterous caution , shall give contrary advice , neither shall resolve , that servitude is to be repudiated with greater care by us , then domination is affected by them . so farre forth as every one shall addict himself to the liberty of his countrey , so far shall i be a friend unto him , or a deadly enemy . this opinion of roderic prevailed , in pursuit whereof they raise an army of ten thousand men , whereof he was made generall ; they send ambassadours to the pope and councill , whereof roderic was chief ; and upon a full hearing of the cause before rupert cardinall of saint sabria , the popes legat , at tholouse , judgement was pronounced for the liberty of spain , and it was decreed , that the german emperors should from thenceforth have no power nor jurisdiction over the kings of spain ; which was afterwards confirmed by the customes of the people , the consent of other nations , the publike resolution and judgement of lawyers ; as iacobus valdesius in his book de dignitate regum hispaniae printed . cap. . proves at large . q the generall history of spain , records , that the councill of florence resolved , that seeing the kings of spain had defended and conquered their realms by arms , without any ayd from the emperours , they were free and exempt from all subjection and acknowledgement to the emperors ; whereof we may read the glosse upon the chapter adrianus p●pa , distinct . . the like priviledge have the kings of france , the state of venice , the kings of england , and some others ; which clearly demonstrates , the soveraign power of kingdoms and nations even over their kings and princes , and that they may justly defend themselves , and elect other princes , when they are deserted or destroyed by them . r anno . sacho ramires king of aragon , to supply the charges of his wars against the moors , was sometimes forced to use the revenues of his clergy , his treasure being not able to furnish so great a charge ; but the bishops of his countrey , who affected nothing more but to enrich their own order and state , opposed themselves against him , and afflicted him in such sort , as putting him in a vain fear , that he was damned for this cause , they made him do penance in the church of roda before saint vincents altar , in the presence and at the pnrsuite of raymund dolmare , bishop of that place , the bishop of jarca , and others , and to confesse publikely , that he had grie●ously offended . thus these good fathers publikely insulted over their soveraigne . ſ anno . king alphonso granted this priviledge , among other , to toledo . that the city of toledo might never be alienated from the crown , nor given upon any title whatsoever , to man , woman , or child . anno . sancho king of navarre was slain in battell by his brother raymond thinking to reigne after him , t but the navarroyes expelled him out of their confines , disdaining that he should raigne over them , who had embrued his hands in his kingly brothers blood , and sending to sancho ramires , . king of aragon , called him to raigne over them , because their slain kings sonnes were too young to raigne , and protect them from their enemies ; by which meanes the kingdomes of arragon and navarre were united . v veracha queen of castile , a most lascivious open adultresse , by her unchast life so fa●re provoked her husband alphonso , that he was divorced from her , made warre against her and confined her : after which she still continuing in her lewdnesse , the nobility and states of castile and leon , revolt from her , take armes against her , depose her from the crowne , and elect and crown her sonne alphonso the . king an. . allowing her onely a pension to support her life . x alphonso king of arragon by his last will and testament , most solemnly ratified , for the expiation of his sins , gave divers crown lands , tenements , revenues , and legacies to religious houses and persons , an. . but being prejudiciall to the crown , his will after his death was held void and not put in execution : he being slain by the moores an. . the states of arragon elected one peter tares for their king : who growing exceeding proud of his new dignity , began to despise the nobles , and abrogate the lawes and customes of the country : and the nobles ( being assembled at a general assembly of the states ) going to visit him , he comanded his porter to shut them out , saying , that mounsieur was busie about matters of great importance , but they understood afterwards , that the great affairs causing him to exclude his friends were , his barbar was trimming him : which so incensed the nobles and great men , that the next day they held their generall assembly of the estates without the king ; where they first of all decreed to depose their new king , because being ●n honour he had no understanding of himselfe , and because they found he would grow more proud and insolent afterwards : whereupon expelling peter , the estates assembling at boria , elected ramier a monke , brother to king alphonso , for their king ; who was much deriued of his nobles for his monkish simplicity , and at last turned monk againe : but those of navarre thinking a monk to be better acquainted with the matters of a monastery then how to govern a kingdome , and being jealous that the arragonoys by chusing a king of the blood royall of arragon , would by this meanes aspire to the chief places of honour and favour in court , it was concluded , that the estates of navarre should assemble at pampelone , where they chose garcia remires their king of navarre ; and so the realmes of arragon and navarre which had been united . yeers , were seperated in these two kings . the kingdomes of spain being often before and since this time united and divided , as the people and realmes assented or dissented thereunto . y not to mention the troubles of castile by reason of the nonage of their king alphonso the fourth , of whose custody and tuition the assembly of the estates disposed ; or how some knights of castile slew a iew , with whom this king was so enamoured , that he forgot his new spouse , and almost lost his sences . anno . king alphonso assembled the estates of castile at burgon , to leavie a taxe upon the people , whereto the nobilitie , as well as the rest , should contribute , imposing . maravidis of gold for every person ; but it took no effect : for all the gentlemen of castile being discontented , that he sought to infringe their liberties , fell to armes , and being led by the earle don pedro de lara , they were resolved to resist this tax , and defend their liberties with the hazzard of their live● . whereupon alphonso changed his opinion , and let them understand , that from thenceforth he would maintain their immunities ; and that whatsoever he had then propounded , was not to continue , but only to supply the present necessity of affaires , which he would seek to furnish by some other meanes . for the great resolution which don pedro de lara shewed in this action , the nobility of castile did grant to him and his successours , a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence , and thereby the lords of lara have the first voyce for the nobility in the court of castile . ( z ) an. . king alphonso the noble called a parliament of the lords , prelates and deputies of the townes of his realm at toledo , to advise and assist him in his warrs against the moores ; where they concluded to crave ayd from all christian princes , and a crossado from the pope against the moores , and made divers lawes to restrain the supersluities of the realm in feasts , apparell , and other things . a iames the . king of arragon being young at the time of his fathers death , it was thereupon after ordained in the assemblies of the estates of mencon and lirida , that don sancho earl of roussilon should govern the realm during the kings minority ; but they gave him limitation : the kings person they recommended to frier william of moncedon , mr. of the templers : after which an. . this yong kings vncles seeking to wrest the realme from him instead of governing it , by the fidelity of the estates and their authority , his interest was preserved , and three governours with a superintendent of his provinces were appointed by them ; and to prevent the continuall practises of the earles of roussillon and fernand the kings uncles , the states and justice of arragon declared the king of full age when he was but ten yeeres old , and caused the earle of roussillon to quit the regencie ; the authority of the justice of arragon being then great for the defence of the publike liberty . an. . alphonso the noble king of castile dying , his sonne henry being but . yeer old , the prelates , nobles and commons assembled at burgon , having declared him king , and taken the oath , made queen eleonora his mother , governesse of his person and realms : after whose death , the custody of him was committed to the hands of the lords of lara : this king afterwards playing with other yong children of noble houses at palenca in the bishops palace , one of them cast a tyle from the top of a tower , which falling on the covering of an house , beat down another tyle , which fell on the young kings head , wherewith he was so grievously hurt , that hee dyed the eleventh day after , an. . yet this his casuall death ( for ought i finde ) was neither reputed felony nor treason in the child that was the cause of it . after whose death fernand the . was proclaimed and made king by the states of castile , to prevent the pretentions of the french : after which his mother queen berenguela in the presence of the estates , renouncing all her right to the crown , resigned it up to her sonne fernand : about this time the moores in spain rejected the miraluminis of africk , and created them severall kings and kingdomes in spain , being never more united under one crown after this division , which they thought it lawfull for them to make . an. . the estates of arragon assembling at barcelona , they consenting and requiring it according to the custome of the arragonians and cattelans , ( these estates having authority to make warre and peace , and leagues ) a warre was resolved against the king of the moores and majorkins . anno . the realm of navarre being very ill governed , by reason their king sancho retired to his chamber , did not speak with any man but his houshold servants , and would not heare of any publike affaires ; thereupon the state began to think of electing a regent to govern the realm during his retirednesse ; to prevent which , sancho made an unjust accord with the king of navarre , and confederated with iames king of arragon , by the assents of the states of the realm to leave his kingdome to him if he survived him ; yet after his death thibault earle of champaigne was by the states of navarre elected and proclaimed king. and anno . the estates of arragon and cateloigne assembled at moncon for the continuance of the warre with the moores and conquest of valentia , without whom it was not lawfull for the king to undertake any matter of importance . for maintenance of this warre , a custome called marebetine , and an exaction of impost for cattell was by the estates imposed on the people ; it was likewise decreed , that all peeces of gold and silver coyned should be of one goodnesse and weight , to the observation of which edict for coynes , all were bound to sweare that were above . yeers of age . c anno . iames king of arragon , revealing to his confessor the bishop of girone , that before his marriage with queen yolant he had passed a matrimonial promise to theresa of bidame , she sued him thereupon before the pope , who gave sentence against her for want of sufficient witnesse , notwithstanding his confessors testimony : the king hereupon grew so angry with the bishop for revealing his secrets , that sending for him to his chamber , he caused his tongue to be cut out : for which out-rage committed on the bishop , though faulty , the pope in the councell of lions complained , and in the end interdicted all the realme of arragon , and excommunicated the king . hereupon to take off this interdiction and excommunication , the king sent the bishop of valentia with his excuse and humiliation to the pope ; wherewith he being somewhat pacified , sent two legates into arragon ; who having assembled a synod of bishops at lerida , they caused the king to come thither , and to confesse his fault upon his knees before these fathers , with great submission and teares , who gave him absolution , upon condition he should cause the monastery of boneface to be built , and endowed with an hundred and forty pounds of silver , of annuall rent ; endow an hospitall for the poore with foure hundred pounds silver per annum , and give a prebendary in the great church of girone , for the maintenance of a masse-priest . about which time the d moors in spain erected many new kings and kingdoms by mutuall consent , and mahumad aben alamar for his valour , was by the inhabitants of mariona , elected and made first king of granado . e anno . all was in combustion in portugall by the negligence and basenesse of their king don sancho capello , who was wholly given to his wives humours , hated of the portugales , and himselfe disliked for her sake : for many malefactors and insolent persons were supported by her , who grew daily more audacious in their excesse , without feare of iustice , which was trodden under foot , for their respect . for these considerations , and her barrennesse too , all the noblemen of the kingdome desired to have the queen ( called mencia ) separated and sent out of portugall : for effecting whereof , they made a great instance at rome , but neither exhortation , admonition nor commandment , nor censure could prevaile , the king so doting on her , that he would not leave her : which the portugals perceiving , some of them presumed to seize on her in the city of coimbra , and conducted her into gallicia , from whence she never more returned into portugall . not content herewith , they sought to depose the king from his royall dignity too , for his ill government , and to advance his brother don alphonso to the regall throne , in his place ; whom the estates assembled made regent of portugall , leaving only the title of king to his brother ; which fact of the estates , the pope in the councell of lions , authorized by his apostolicke power : with which the king being displeased , abandoned his realme , and retired into castile . f anno . the lawes and customes of arragon , were reduced into writing by king iames his appointment , and compacted into one body , having till that time been observed onely by tradition : which volume was coufirmed by the estates held at hu●f●a : and the same yeere the king of castile erected a kind of chancery and standing court of parliament of . learned men , which followed the court. g anno . thibald the . king of navarre being but . yeers old at the descent of the crown unto him , was at . yeers of age , declared of full age , and crowned king in the great church of pampelone , where he did sweare , to preserve and augment the priviledges of the covntry : afterwards he doing homage to the king of castile for the realme of navarre , as his predecessours had done before him , and making such a peace with him as the prelates , knights and commonalties of the realme in the states had approved , yet divers knights and the inhabitants of the borough of st. iermin of pampelone disallowed this homage , this peace , and would not subscribe to it , as tending to the kings dishonour ; whereupon the king did punish them by fines ; but his choller being past , some few dayes after , considering they were good and faithfull subjects , loving his honour and greatnesse , and that they resisted his will out of true love and zeale which they owed to the crowne and their countrey , hee caused their fines to be restored . h alphonso the . fifth king of portugall putting away his first wife mahault without cause after he had children by her , and marrying beatrix ; hereupon when by no intreaties of friends or the pope he would entertaine his first wife again , he was excommunicated by the pope , and his realme interdicted . or . yeers space , continuing still obstinate till his first wife dyed , after which he was absolved . i anno . and in some yeere following , there were divers controversies concerning the crown lands , and setling of portions for the king of arragons younger children , moved and determined in the assembly of the estates of arragon : and the nobility complaining , that their king iames did breake their priviledges , made many leagues and factions . this matter being debated in the estates at saragossa , and then at ex ea in the yeare . for pacifying these troubles they enacted , that no honours nor military fees should be given to any but to gentlemen of race , and born in the countrey . that no gentleman should be subject to the tribute of cattell , nor to any other . that in all controversies which the nobility might have against the king or among themselves , the magistrate called the iustice major of arragon should be iudge , being assisted by the councell . that the king should not give the fees and military rewards , allotted to them that doe him service , as a recompence of their vertue and valour , to any of his lawfull children , who by right have their portions in the realme . anno . iames king of arragon comming to the councell of lions , desirous there to be crowned by the hands of pope gregory ; ( a ceremony whereof he made great account : ) the pope refused him , unlesse he would acknowledge himselfe vassall to the church of rome , and pay the arrerages of the rent which the deceased king don pedro his father had promised : the which king iames would not doe , holding it an unworthy thing so to debase the greatnesse of his crowne , and restraine the liberty of his realme in any sort . and this yeare there were great and continuall tumults in arragon , the nobility opposing themselves against the king : for composing which differencs the estates of arragon assembled in parliament at exea , where king iames tooke the government and managing of the affaires of the realme from his sonne don pedro : and diverse great dons were there condemned of contumacy , and their lands confiscated by the iustice major of arragon : in this assembly the nobility pleaded the priviledges of c●●teloyne ; that the nobility might quit the kings obedience in case of controversies and suites , especially if there were question of their liberties , and to protest it publikely . k anno . denis the infant king of portugall desired his grandfather alphonso king of castile to discharge the realm of portugall of the homage and vassallage it ought to the king of leon , who thinking it would be taken ill by the noblemen his subjects , advised the infant to propound it in an open assembly , called to that end . the opinion of don nugno de lara was , that by no meanes he should diminish the authority and greatnesse of his crown , which he should doe , if he did quit this homage to the king of portugall : for which opinion the king growing angry with him , the residue fearing the kings displeasure , advised him to doe it : whereupon the realme of portugall was freed from all homage and subjection due to the kings of leon and castile : for which prodigality the other nobles and d. nugno were so much discontented , that they made a league with the king of granado against their own king , for dismembring portugall from the crown of leon ; to pacifie which differences the king used many mediations , and at last called an assembly of the estates at burgos , the which was held without the towne for the safety of these confederates . that great astronomer l alphonso king of castile , ( who presumed to controule the author of nature , saying ; that if he had been at the creation of the world , hee should in many things have been of another opinion , and amended gods workmanship ; ) was a most willfull , indiscreet , unfortunate prince ; for his eldest sonne fernand dying in his life time , leaving alphonso and other issue males behind him , don sancho his second son resolved to dispossesse his nephews of the kingdom , saying ; that it was fit ▪ that he who was a knight , and learned to govern a realme , were it in warre or peace , should raigne after his father , rather then his nephews , sons of his eldest brother who were every young , having need of regents and governours , charges which were affected by great personages , who by reason thereof grew into quarrels one with the other , to the oppression of the people , and hazzard of the estate . after which , don lope diaz of haro pressed the king to declare don sancho his sonne his successour in the realmes of castile , toledo , leon , and other places , being his eldest sonne then living ; to which he giving a cold answer at first , having afterwards assembled the estates in segobia , he was by the king and the estates consent declared and received as heire to the crown after his fathers decease , fernands children being disinherited of their right , which fact was then excused and justified , because there was no law at that time which did binde the king , much lesse the estates , to leave the realme more to one sonne then to another : since which there was a law made and received in the time of fernand the . in the city of taro ; where it was decreed by the estates upon this difficulty , that the children of the elder brother deceased , representing their fathers person , should in that respect be preferred before the vncle : hereupon queen violant , and blanche widow to fernand were so much discontented with the decree of the estates , disinheriting the eldest brothers sonnes , as taking the young children with them , they departed out of castile to don pedro king of arragon ; where don sancho caused his nephews to be imprisoned , whom king alphonso labouring under hand to get released ▪ don sancho advertised hereof , made a league with the moores of granado , against his father , and by assent of his confederates took upon him the title of regency of the kingdome of castile and other his fathers dominions , refusing the title of king , during his fathers life time ; who was forced to pawn his royall crown and iewels to iacob abin ioseph a moore , king of morocco , who aided him willingly against don sancho . after which in an assembly of the states at cordova with the advise of the noble men and knights of castile thereupon sent , by a decree pronounced by the mouth of don manuel , in the name of the whole nobility , alphonso was deprived of all his realmes , for murthering his brother don frederick , and burning don rues unjustly without any forme of justice or orderly proceedings , the breach of the rights and priviledges of the nobility , and the excessive wasting of the treasure of the realme . vpon this there arose bloody warres between the father and sonne ; and in the yeere . alphonso was so vexed with his sonnes proceedings , that hee pronounced in the presence of many men of ranke both clergie and laity in the city of sevill , the curse of god and his upon don sancho , a sonne , said he , disobedient , rebellious , and a par●cidie , declaring him uncapable and unworthy to reign , depriving him of his successions , inheritance , and discharging the subjects , as much as in him lay , from all oath and homage which they had done unto him . but these were but words which don sancho did not much esteem ; enioying his fathers kingdomes after his decease in title , as he did before in act , and dying king of castile , his heires succeeded him in that realme , as lawfull heires thereunto . m don pedro the third , king of arragon about the yeare . had many controversies with his nobles and knights who complained much of his sower disposition , and tyrannous manner of government , insulting over the greatest , yea against his own blood , contrary to all law and nature . wherefore being ill intreated by him in their freedomes , whereof the townes and commonalties of his countries did also complain , the nobility , knights and gentry , for preservation of their liberties made a vnion together among themselves and with the people ; promising and swearing to let the king and his sonne don alphonso ( who was his lieutenant generall ) understand , that if they did not contain themselves within the limits of the lawes of the country , they would withdraw themselves from their obedience , and declare themselves enemies , and pursue them by armes that should seek to break them . the king hereupon called the estates to tarrasone , and afterwards to saragossa , where he intreated , promised and did all what he could to break this vnion : but he was forced to yeeld , and granted to the arragonians the priviledge they call generall , whereby their liberties which had been somewhat restrained , were again restored , the ancient manners of the country , and customes of their ancestours put in practise . and moreover there were laws made for their kings , which they should be bound to obey ; and for that they were in a mutiny in some places , by reason of certain impositions laid upon salt , the traffique thereof was made free by the estates . and the king refusing the judgment of the iustice maior of arragon , deposing pedro martines artassone ( who then exercised it ) from his office , the estates soon after at an assembly at zutaria , fortified it with stronger laws , deeming the iustice of arragon to be a lawfull iudge , ( whom the king himself could not displace ) even in cases commenced against the king ; who being cited and not appearing , there were decrees made against him in many instances . in the end the king confirmed the decrees of the iustice maior , and whatsoever should be concluded by the estates , the deputies and councellors having given their suffrages . i read in * hieronimus blanca , that about the year . the arragonians taking it ill that their liberties gotten with their blood , should so many wayes be subverted , as then they were by king pedro the first , raised up the name and forces of a vnion , that with one force , and the consent of all , one minde as it were being made out of all , they might more easily propulse so great injuries ; but what was then done hereupon , is not recorded ; but the two memorable priviledges of the vnion under king alphonso the third , are said to spring from thence . don alphonso n king of aragon succeeding pedro , anno . he was admonished by the estates ambassadours , to come speedily to the assembly at saragossa ; where having sworn and promised the observation of the customs , rights and priviledges of the countrey , and received the oath of fealty from the deputies , he might lawfully take upon him the title of the king of aragon ; the which they said , he might not use before this act and ceremony , according to the ancient customs of aragon . vpon these summons he came to the assembly of the estates to saragossa , took the oath aforesaid , after which he was crowned : which done there grew in this assembly a great contention , touching the reformation of the manners of courtiers , and the ordering of the kings house ; the noblemen and deputies of the estates of aragon maintaining ; that the conusance thereof was incident to their charge ; the king , and his houshold servants on the other side , denied , that there was either law or custom which tyed the king or his followers to any such subjection . in the end it was concluded , that the reformation of the court should be made by twelve of the principall families , the like number of knights , four deputies of saragossa , and one of either of the other cities , the which should give their voices in that case . this vnion of aragon obtained likewise a decree , that the king should have certain councellors chosen , to wit , four of the chief nobility , four knights of noble and ancient races ; four of his houshold servants , two knights for the realm of valencia , two citizens of saragossa , and one of either of the other cities ( whom they particularly name ) with a condition , that whilest the king should remain in aragon , ribagorca , or valencia , two of those noblemen , two of his servants , two knights of aragon , one of valencia , and the four deputies of the realm of aragon , should follow and reside in his court , as covncellors appointed by the vnion ; who protested by solemn deputies sent to the king to that end , that if he did not receive , observe , and maintain those orders , they wovld seize vpon all his revenves , and on all the fees , offices , and dignities of such noblemen as should contradict them . thus were the kings of aragon intreated in those times by their subjects , who entred into a vnion between themselves resolving , that for the common cause of liberty non verbis solum , sed armis contendere liceret ; that it was lawfull for them to contend not onely with words , bvt with arms to ; and determined in this assembly of the states , a comitijs intempestive discedere regi nefas esse , that it was unlawfull ( yea , a grand offence ) for the king to depart unseasonably from his parliament , before it was determined . our present case . o iames the second of aragon being in sicily at the death of king alphonso , don pedro his brother assembled the estates at saragossa , to consult , lest the state in his absence would receive some prejudice ; where james arriving , having first sworn and promised the observation of the rights and priviledges of the countrie , was received and crowned king . about the year iames , by advice of his estates held at tarragone , made a perpetuall vnion of the realms of arragon and valencia , and the principality of cat●lone , the which from that time should not for any occasion be disunited . in which assembly don iames eldest son to the crown , being ready to marry leonora of castile , suddenly , by a strange affection , quitting both his wife and succession to the realm of arragon , told his father , that he had made a vow neither to marry , nor to reign ; so as notwithstanding all perswasions of the king and noblemen , he quit his birth-right to his brother don alphonso , after the example of esau : discharged the estates of the oath they had made unto him , and presently put on the habite of the knights of ierusalem ; whereupon his second brother , was by the estates of arragon acknowledged and sworn heir of these kingdoms , after the decease of his father . at this time the authority of the iustice of aragon was so great , that it might both censure the king , and the estates , and appoint them a place , and admit them that did assist , or reject them . p ferdinand the fourth , king of castile , being but a childe when his father sancho died , was in ward to his mother queen mary , his protectresse ; he had two competitors to the crown , alphonso de la cede , and den iohn , who making a strong confederacy , were both crowned kings , against right , by severall parts of his realm , which they shared between them . the states assembled at zamora granted great sums of money to ferdinand to maintain the wars with his enemies , and procure a dispensation of legitimation and marriage from the pope , who would do nothing without great fees . after which he summoning an assembly of the estates at medina , they refused to meet without the expresse command of the queen mother , who commanded them to assemble , and promised to be present , after this divers accords were made twixt him and his competitors ; and at last calling an assembly of the estates to assist him in his warres against the moors ; he soon after condemned two knights , called peter and iohn of caravajal , without any great proofs , for a murther , and caused them to be cast down headlong from the top of the rock of martos ; who professing their innocency at the execution , they adjourned the king to appear at the tribunall seat of almighty god within thirty dayes after , to answer for their unjust deaths ; who thereupon fell sick and died , leaving his son alphonso the , very young ; for whose regency there being great competition , the inhabitants of avila , and their bishop resolved , not to give the possession and government of the kings person to any one , that was not appointed by the assembly of the estates ; whereupon the estates assembling at palence , committed the government of his person to q. mary his grandmother and queen constance his mother ; who dying , another assembly of the estates was called at burgos , anno . who decreed , that the government of the king , and regencie of the realme should be reduced all into one body betwixt q mary , don pedro , and don iohn , and if any one of them should dye , it should remain to the two other that did survive , and to one if two dyed . after this , anno . these tutors and governours of the realme of castile were required by the estates in an assembly at carrion to give caution for their government , and to give an account what they had done . who often jarring and crossing one another ; divers assemblies of estates were oft called to accord them . anno . the estates assembling , appointed new governours of the king and realme , who discharging their trust very lewdely and oppressing the people , anno . they were discharged of their administration at a parliament held at vailledolet : in which the king did sweare , to observe the fundamentall lawes of the realme , and to administer justice , maintaining every one in his estate goods and honour : which done , the deputies of the estates swore him fealty . q this king afterwards proving very cruell and tyrannicall , his nobles and subjects oft times successively took up defensive armes against him , his tyranny augmenting their obstinancy , and procuring him still new troubles ; whereupon at last discerning his errours , he became more mild , and often assembled the estates in parliament , who gave him large subsidies to maintain his warres against the moores . r the province of alava had a custome to chuse a lord under the soveraignty of castile , who did govern and enjoy the revenues appointed by the lords of the countrey ; for the election of whom they were accustomed to assemble in the field of arriaga ; those of this election being called brethren , and the assembly of the brotherhood . notwithstanding in the yeer . the brotherhood and estates of this province sent to k. alphonso divers articles , which they beseeched him to confirme , promising for their part , that this should be their last assembly , and that the name and effect of their brotherhood should remain for ever extinct , and the province be for ever united to the crown of castile , if he would confirme those articles to them , being . in number , which he did . the chiefe were these , that the king nor his successors should not alien any place of his demesnes . that the gentlemen and their goods should be free and exempt from all subsidies as they had been heretofore . that they and others of the countrey should be governed according to the customes and rights of soportilla ; and that divers townes and villages therein specified should be free from all tributes and impositions . ſ about the yeer . mahumet king of granado , becomming casually blind , was soon after deposed by his own brother , and the great men of his realme , who were discontented and disliked to be governed by a blind king , who could not lead them to the warres in person . which kingdome went by election commonly , as is evident by his three next successours , and mahumet the sixth king of granado . t anno . lewes hutin was crowned king of navarre at pampelone , where he sware , to observe the lawes and rights of the realme . after which , anno . philip the long was elected by the estates of navarre to be their king in right of his wife , but it was upon conditions drawn in writing which they tendered to him and the queen to subscribe and sweare to , before the solemnities of their coronation , in the estates assembled at pampelone , which they yeelded willingly unto ; whereof the principall articles were these : . first , to the estates to maintain and keep the rights , lawes , customes , liberties , and priviledges of the realme , both written and not written , whereof they were in possession , to them and their successours for ever , and not to diminish , but rather augment them . . that they should disannull all that had been done to the preiudice thereof by the king● their predecessors , and by their ministers , without delay , notwithstanding any le● . . that for the tearme of . yeares to come they should not coyne any money , but such as was then currant within the realme , and that during their lives they should not coyne above one sort of money , and that they should distribute part of the revenues , profits and commodities of the realme unto the subiects . . that they should not receive into their service above foure strangers , but should imploy them of the countrey . . that the forts and garrison of the realme should be given unto gentlemen borne and dwelling in the countrey , and not to any stranger , who should do homage to the queen , and promise for to hold them for her , and for the lawfull heire of the countrey . . that they should not exchange , nor engage the realme for any other estate whatsoever . . that they should not sell nor engage any of the revenues of the crowne , neither should make any law nor statute against the realme , nor against them that should lawfully succeed therein . . that to the first sonne which god should give them , comming to the age of twenty yeares , they should leave the kingdome free and without factions , upon condition , that the estates should pay unto them for their expences an hundred thousand sanchets , or other french money equivalent . . that if god gave them no children , in that case they should leave the realme after them free with the forts , in the hands of the estates , to invest them to whom of right it should belong . . that if they inf●inge these articles or any part of them , the subiects should be quit of their oath of subiection which they ought them . these articles being promised and sworne by the king and queen , they were solemnly crowned , and the deputies of the estates , noblemen and officers of the crown took their obedience to them . r vpon this agreement , all the castles and places of strength in navarre were put into the hands of the estates , who committed them unto the custody of faithfull knights , in whose keeping they continued ; a catalogue of which castles with the names of the knights that guarded them , by the estates appointment , in the yeare . you may read at large in the generall history of spaine . before this x anno . the estates of navarre assembled at puenta la reyna , to resolve without any respect , to whom the realm of navarre belonged , whether to edward king of england , or to iane countesse of eureux . the estates being adjourned to pampalone , the chief town of the realme , their opinions were divers ; many holding that king edward should have the realm , as granchilde ( born of the daughter ) to queen iane , daughter to king henry , rather then the countesse of eureux , in regard of the sex ; others , with more reason , held for the countesse , who was in the same degree , but daughter to a son , and heir to queen iane. these prevailed , drawing the rest to their opinion ; whereupon the countesse was declared true and lawfull queen of navarre , the realm having been vacant above four moneths . and untill that she and count philip her husband should come and take possession of the realm , they declared the regent and viceroy don iohn corberan of leet , standard bearer of the realm , and iohn martines of medrado . lo here a parliament of the estates of navarre , summoned by themselves , without a king , determining the right of succession to the crown , appointing a vicegerent , and prescribing such an oath and articles to their king , as you heard before . y anno . king philip of navarre , to administer justice , erected a new court of parliament in navarre , which was called new , to distinguish it from the old ; he and the three estates of the realm naming men worthy of that charge . queen iane and philip deceasing , their son charles the second , surnamed the bad , for his crueltie and ill manners , was called by the three estates of navarre to pampelone , and there crowned in their assembly after the manner of his ancestors , swearing to observe the lawes and liberties of the country . after which a far * stricter oath was administred to charles the . an. . z anno . in a generall assembly of all the estates of arragon , don pedro son to the infant don alphonso , was sworn presumptive heir and successor to the crown , after the decease of his grandfather and father , the which was there decreed and practised , for that don pedro earl of ribagorca did maintain , that if his brother don alphonso should die before then father , the realm did belong to him by right of propriery , being the third brother , rather then to his nephew the son of the second brother . in this assembly the articles of the generall priviledges were confirmed , and it was ordained for a law , that no freeman should be put to the racke , and that confiscations should not be allowed , but in cases of coyning and high treason . a anno . alphonso king of castile , treacherously murthering don iohn the blinde , his kinsman , in his own court , when he had invited him to dinner on all saints day , and then condemning him for a traitor , confiscating his lands ( a fact unseemly for a king , who should be the mirrour of iustice : ) hereupon don iohn manuell stood upon his guard , fortified his castles , revolted from the king for this his treachery , allyed himself with the kings of arragon and granado , overran the countries of castile , from almanca unto pegnafield ; the prior of saint iohns , don fernand rodrigues , hereupon caused the cities of toro , zamora , and vailledolit , to rebell and shut their gates against the king ; and many others likewise revolted from him : at last he was forced to call an assembly of the estates , who gave him subsidies to ayde him in his wars against the moors ) and to conclude a peace with don manuel and his other discontented subjects ; whom he afterwards spoiling of their lawfull inheritances , and pursuing them in their honours and lives by tyrannous crueltie , extending his outragious disdain even to women of his own blood , he thereby so estranged most of his princes and nobles from him , that they revolted from him , and joyned with mahumet king of granado , and the moors in a warre against him , which lasted three or four yeers , putting him to infinite trouble , vexations and expences , enforcing him to make a dishonourable peace with the moors , to release the tribute which they payed him formerly ; and after much mediation he concluded a peace thorowout all the realm with his discontented subjects . this prince thinking to raign more securely , had taken a course of extream severity , shewing himself cruell and treacherous to his nobility , whereby he was feared , but withall he lost the love and respect of his subjects , so as he was no sooner freed from one danger , but he fell into another worse then the first , his nobles holding this for a maxime , that a tyrant being offended will at some time revenge himself , and therefore they must not trust him upon any reconciliation , who to pacifie the troubles which had grown by his own errour , had made no difficulty to sacrifice ( upon the peoples spleen ) his own mignions , degrading , and in the end murthering , condemning them as traitors after their death , yea , the princes of his own blood , taking their goods , estates , and depriving the lawfull heirs , seeking to reign over free men , and generous spirits as over beasts , entreating them as base and effeminate slaves , who might not speak their opinions freely in matters of state and government , of which they were held dead members and without feeling . whereupon d. manuel and other nobles , as men endued with understanding , reason , and not forgetting the nature of alphonso , who was proud , a contemner of all laws , and treacherous , they proceeded so farre as to withdraw themselves from his subjection by protestation and publike act , and entred into a league with the king of portugall , incensing him to take up arms for their defence : where upon king alphonso having some feeling , that cruelty was too violent remedy for men that were nobly borne , he sought by all milde and courteous meanes to divide them , and to draw some of them to his service , which he effected , and so more easily conquered , and reduced their companions . b an. . was founded the town of alegria of dulanci , in the province of alava , and many villages thereabout , the which obtained from the king the priviledges and lawes of the realm , whereby the inhabitants should govern themselves , with libertie to chuse their own iudges . c don pedro the first , king of castile , surnamed the cruell , most tyrannically murthering and poysoning divers of his nobles and subjects without cause , banishing others , quitting blanch his espoused wife within three dayes after his marriage , to enjoy the unchaste love of donna maria de paedilla , by whom hee was inchanted , which much troubled the whole court ; divorcing himselfe without colour , by the advice onely of two bishops , without the popes assent , from blanch , and marrying jane of castro in her life time ; hanging up divers burgesses of toledo causlesly , for taking the queens part too openly , and among others a goldsmiths sonne , who offred to be hanged to save his fathers life ; causing his own brother don frederick , and divers nobles else to be suddenly slain , anno . poysoning and murdering likewise divers noble ladies , among others don leonora his own aunt ; after which anno he murthering two more of his own brethren , executing divers clergy men , and knights of castle , banishing the archbishop of toledo , putting divers jews ( as samuel levy his high treasurer , with his whole family ) to death , to gain their estates and causing his own queen blanch to be poysoned , after she had long been kept prisoner by him . anno . hereupon his cruelties , rapines and murders growing excessive , and the popes legat denouncing him an utter enemy to god and man , henry earle of transtamara , his brother , with other fugitives getting ayde from the king of navarre , entred castile with an army , where by the nobles importunity he tooke upon him the title of king of castile and leon ; which done , the whole kingdom ( long oppressed with d. pedro his tyranny ) immediately revolted from him , so that in few dayes henry found himselfe king of a mighty great kingdom , almost without striking stroke , the people striving who should first receive him , such was their hatred to the tyrant pedro : who being doubtfull what to doe , fled with two and twenty ships out of his realme to bayon , craving ayde of the english to revest him in his kingdom ; mean time king henry assembling the estates at burgon , they granted him the tenth penny of all the merchandize they should sell in the realm , to maintaine the warres against pedro ; who getting ayde from the english upon conditions , accompanied with the valiant black * prince of wales , entred with a great army into spain , where the prince writing to henry , voluntarily to resign the crown to pedro his brother , to avoyd the effusion of christian blood ; he made answer , that he could not hearken to any accord with him , who had against the law of nature taken delight to murther so many of the blood royall and other great personages of castile , who had no respect of the lawes of the countrey , and much lesse of god , falsifying his oathes and promises , having no other rule in his actions , but his tyrannous passions . whereupon , battell being joyned , henry was conquered , and pedro restored ; but hee discontenting the english and others , who had reseated him in his kingdome , by his insolency and tyranny , and the biscaniers refusing to be under the command of strangers , whom they would never consent to be put in possession of their countrey ; and withall falling to his former cruelties , and courses contrary to the advice of his friends and astrologers ; he so estranged the hearts of all from him , that the english returning , and henry receiving new forces from the french , entred castile , suddenly , and conquered the tyrant ; who being betrayed into king henry his hands as hee was taking his flight by night , king henry stabbed him with dagger in the face , and at last getting him under him , slew him with his dagger for his excesse and tyranny , anno . and raigned quietly in his steed . i might prosecute and draw down the histories of all the spanish kings and kingdomes from his dayes till this present , which are full fraught with presidents of this nature , to prove all the kings of spaine inferiour to their kingdomes , assemblies of the estates , lawes , resistible , deprivable for their tyrannyes ; but because those who desire satisfaction in this kinde , may read the histories themselves more largely in the generall history of spain , in joannis pistorius , his hispaniae illustratae , ( where all their chiefe historians are collected into severall volumnes : ) and in meteranus and grimstons histories of the netherlands : i shall for brevity sake pretermit them altogether , concluding with one or two briefe observations more touching the gothish and arragonian kings in spaine , which will give great light and confirmation to the premises . first , for the antient kings of the gothes in spain , b aimoinius , c and hugo grotius out of him , confesse ; that they received the kingdom from the people , revocable by them at any time ; and that the people might depose them as often as they displeased them ; and therefore their acts might be rescinded and nulled by the people who gave them only a revocable power : which the premised histories experimentally evidence : such likewise were the kings of the vandales , removable at the peoples pleasure as procopius writes : such the kings of the e heruli , f quadi , iazyges , g lombardes , h burgundians i moldavians , k africans , the l moores in spaine , the m two annuall kings of carthage , the n antient germane kings the kings of sparta ; and most other kings of greece , as historians and authors of best credite relate . secondly , for the kings of arragon , and originall constitution of the kingdom , i find this memorable passage in hieronymus blanca his rerum arragonensium commentarius , pag. . . . & ● . . in the third tom , of ioannis pistorius his hispaniae illustratae , sancho the fourth king of arragon dying without issue , the estates and people advising together what course they should take for their security and future good administration of the common-weale , about the year of our lord , . elected twelve principall men to whom they committed the care and government of the republike during the inter-regnum these because they were very ancient men , were called elders , from whence those who by birth are stiled rici-men , drew their originall ; and this manner of governing the common-wealth continued long : but the great incursions of the arabians pressing them , they imagined it would not continue firme and stable : yet notwithstanding , taken with the sweetnesse of liberty , they feared to subject themselves to the empire of one man ; because verily they beleeved that servitude would proceed from thence . therefore having considered and rightly pondered all things , and reasons , they made this the result of all their counsels ; that they should consult with pope adrian the second , and the lombards ; what course they should take by their advise , which should be most meet for the perpetuating of the empire : to whom , as reports goe , they returned this answer . that preordaining certaine rights and lawes , ratified with the previous religion of a cautionary oath , they should set up one king over them ; but yet should reject a forraign dominion ; and that they should take heed , that he whom they adopted to be king , should be neither of the superiours , nor inferiours ; lest , if superiour he should oppresse inferiours , or lest , if inferiour , hee should be derided by superiours ; to which counsell and sentence they submitting , founded that ancient suprarbian court : for according to the answer given , all decreed , that they ought to elect one man excelling in vertue for their king ; but yet , lest the pleasure of kings , like as in other princes , should likewise even among us become lawes , they first of all enacted some lawes by which they might heale this inconvenience . these lawes they afterward called the suprarbian court , which we should largely prosecute , but through the injury of time , the knowledge of them is buried , and some fragments of them only are extant , observed by prince charles himselfe , and some other writers , which we shall verily remember ; because they are as the first elements of our republike , and containe in them , the institution of the magistrate of the iustice of arragon , which is the chiefe thing of our institution ; therefore in the beginning of that court it was provided , that the king which should be , since the kingdom , lately taken from the moores , was freely and voluntarily conferred on him , should be bound both by the religion of an oath , as likewise by the force and power of lawes , to observe the lawes and liberties of the kingdom ; now the lawes were these , governe thou the kingdome in peace and righteousnesse , and give us better courts of justice . the things which shall bee gained from the moores , let them be devided not only between the rich-men , but likewise between the souldiers and infantry ; but let a stranger receive nothing from thence . let it bee unlawfull ( or a wicked act ) for the king to enact lawes , unlesse it be by the advice of his subjects first given . let the king beware , that he begin no warre , that he enter into no peace , conclude no truce , or handle any other thing of great moment , without the concurring assent of the elders . now lest that our lawes or liberties should suffer any detriment , let there be a certain middle judge at hand , to whom it may be lawfull to appeal from the king , if he shall wrong any one , and who may repell injuries , if peradventure he shall offer any to the common-weale . with these lawes therefore and sanctions , those our ancestors confirmed the enterprise of new moulding and reforming the common-wealth : but verily this was the chiefest garison for to retaine their liberty , whereby they ordained the presidentship of a middle iudge ; placing the power in such sort in the king , that the temperating of it should be in the middle iudge : out of which things , the moderate and musicall state of the common-weale which we enjoy , is moulded and made up . for from the very beginning of things even to these later times , wee see by force of this intermediate magistrate , and by the goodnesse and clemency of most peaceable kings , that both our pristine liberty , and ancient priviledge hath been alwayes retained , and due loyalty and reverence to the kings majesty , observed : neither hath the kingdome onely emplored the help of this magistrate against kings , but the kings themselves oft-times against the kingdome ; by which meanes , many intestine evils have been appeased without any tumult , which unlesse they had been civilly suppressed , seemed verily to have been likely to have broken out to the common destruction of all men ; so as we may rightly affirm , that in this alone , the summe of preserving civill concord both to kings and the kingdome hath consisted . this magistrate was at first called the iustice maior ; afterwards assuming the name of the kingdome it selfe , it was called the iustice of aragon : by these ( formentioned ) prescribed lawes , the will of him who desired to be king of aragon , was wholy to bee directed and formed ; and unlesse he would first suffer his faith to bee obliged in most strick bonds for keeping of them , any future soliciting was to be preposterous . having therefore laid the foundations of their countreys liberty , all of them began to dispute among themselves about electing a king : to which end , they all assembled together at arahvest to chuse a king ; where they were suddenly besieged by the arabians : which junicus arista king of the pompelonians hearing of , came with an army and rescued them ; whereupon they elected him for their king with unanimous consent , and calling him unto them , shewed him the lawes they had pre-established ; one whereof , concerning the middle magistrate , seemed most hard unto him : but having more deligently considered the matter , and that they voluntarily offered him the kingdome gained from the enemies ; hee not only ratified the lawes themselves , but likewise added this new law , or priviledge to them : * that if the kingdome should happen hereafter to bee oppressed by him against the lawes , ( iustice ) or liberties , the kingdome it selfe should have free liberty to elect another king , whether a christian or an infidell ; which clause of an infidell king , they refused to have bestowed on them , because they judged it shamefull and dishonourable : after which iunicus taking an oath to observe the former lawes , was advanced to the throne and made king of aragon about the year . moreover , to establish all these lawes and constitutions , our ancestors themselves adjoyned the accession of a publike vnion ; ordaining , that it should be lawfull and just for them , to meet all together , et re 〈◊〉 obsistere armis et vi , and to resist the king with armes and force , as oft as there should be need to propulse any assault of him or his , made against the lawes ; which form of assembling together for the common cause of liberty , they called a vnion ; ( or association : ) neither did they anciently lesse think all their liberties to be preserved by this vnion , then humane bodies themselves are by nervs and bones . and although it were not prescribed in that suprarbian forum , yet they thought it deduced from the very beginnings of things , and deeply fixed and impressed in the sense of all men , and to be established by our common law , as by another law of nature , and that its force was enough and more then sufficiently known and discerned by use and reason . for they said , it would be but a thing of little profit for them , to have good lawes enacted , and the very iudiciary presidentship of a middle iudge , if when there should be need , ad earvm defensionem arma capere non liceret , cum jam tunc satis non esset pugnare consilliis ; it should not be lawfull for them to take up armes in their defence , when as then it would not be sufficient in such a case to fight with counsells . neither verily did that seem altogether impertinent from the matter , for if it should be so , all things long ere this had been in the power of kings themselves . whence our people reputed these two priviledges of the union obtained from alphonso the . ( to wit , r that it shal be lawfull for the estates of the realm , if the king shall violate the lawes of the countrey , to create a new king in his place ; and without the crime of treason , to make confederacies among themselves , and with neighbour princes to defend their liberty ; which king ferdinand , upon the petition of the castilians , refused to revoke , because he had taken a solemn oath to observe them . ) not as new favours or benefits , but as things done out of office , &c. therefore in those ancient rulers of which we treat , the liberty of our country was hedged about by our ancestors with three most strong fences ; namely , with the prefecture of this middle iudge , with the most ample power of the rici-men ( or palatines ) and with this most fierce force of the vnion ; of which the first seemed to be legal and civill ; the other domesticall and of greatest moment ; the last warlike and popular . neither ought it then to be inclosed with a lesser hedge , that so we might rejoyce , that it hath therby come safe & sound to us now . but of these garrisons or fences the ancient inventers of them , and those who next succeeded them , conferred more assistance and labour upon the two last , namely the domestick and popular , then on that court presidentship : for they would alwayes retain in themselves a power of moderating and governing the most loose reines of the royall dignity , which they might restrain or enlarges as there was need . ſ the fore they assigned those elders to him elected out of the greatest men , by whose counsels the kings ought to be hedged in on every side : the place of which elders , the rici-men afterwards possessed ; who were the chiefe of our nobles ; who in times past were second to the kings in such sort , that they might seem to be their peers and companions . these called that publike union to the ayde of liberty , and out of them were chosen those who should alwayes be the prime and principall conservators of it : for thus they called the presidents of the vnion . finally , they sustained on their necks all the offices and burdens of peace and warre , if not with the same power as the kings , yet i may truly say with very little lesse ; for the rici-men , as long as they flourished , relying on the forces of the vnion , did alwayes hover over the royall empire , and by the intire power of their offices , if the violence or assaults of kings were unjust , did from inordinate reduce them into order , and as it were into a circle of law and iustice . in which thing verily their grave censorious and domesticall authority had sufficient tight and moment with our ancient kings , who were well mannered : but if peradventure they could not with their fitting counsels bridle the exulting royall forces , they did constantly repell them from their necks with the force of the raised vnion . thus and much more this spanish author , in whom you may read at large the power and authority of the iustice of arragon , of the generall assembly of the estates or parliaments of that kingdom , of their rici men , peeres , magistrates , councellors , and in ioannis de laet. his descriptio hispaniae , cap. . cite . ioannis mari. and de rebus hisp . l. . c. . & gen. hist . of spain , l. . p. . to which i shall onely adde this most notable custome and ceremony used at the coronation of the kings of arragon , recorded ( r ) by iunius brutus , ( r ) franciscus hotomanus , and others . the arrogonians when as they create and crown their king in the assembly of the estates ( or parliament ) of arragon , to put the king in mind , that the lawes , the iustice of arragon , and assembly of estates are above him , act a kind of play that he may remember it the better : they bring in a man on whom they impose the name of the iustice of arragon , whom by the common decree of the people , they enact to be greater and more powerfull then the king : to whom , sitting in an higher place , they make the king doe homage ; and then having created the king upon certain lawes and conditions , they speake unto him in these words , which shew the excellent and singular fortitude of that nation in bridling their kings : nos qvi valemos tanto come vos , y podemos mas qve vos , vos elegimos rey , con est as y est as conditiones intra vos y nos vn qve manda mas qve vos : that is , we who are as great as you , and are able to doe more then you , have chosen you king upon these and these conditions : between you and us there is one greater in command then you ; to wit , the iustice of arragon ; which ceremony ( lest the king should forget it ) is every three yeares repeated in the generall assembly of the states of arragon ; which assembly the king is bound by law to assemble , it being a part of the very law of nations , which sacred liberty of parliaments , and assemblies if any kings by evill arts restrain or suppresse , as violaters of the law of nations , and void of humane society , they are no more to be reputed kings , but tyrants , as hotoman hence determines . i have now given you some what an over large account of the two * greatest and most absolute hereditary kings in christendom , france and spain , and , proved them to be inferiour to the lawes , parliaments , kingdomes , people , out of their owne authors and historians : in which points , if any desire further satisfaction , i shall advise them to read but junius brutus his vindiciae contra tyrannos , de jure magistratus in ●ubditos , and francisci hotomani his franco-gallia ; and controvers . illust . for france : ioannis mariana , de rege & regum instit . l. . with his history of spain , hieronimus blanca , rerum arragonensium commentarius , ioannis 〈◊〉 laet hispaniae descrip . c. . & vasquius , contr. illust . for spain , at their leisure , and then both their judgements and consciences will be abundantly satisfied herein . i shall now very cursorily run over other forraigne kings and kingdoms of lesse power and soveraignty with as much brevity as may be . for the kings of hungary , bohemia , poland , denmarke , sweden , as they have been usually , and are at this day for the most part , not hereditary , but meerly ellective by the nobles and people ; so their lawes , which they take an oath inviolably to observe , and their parliaments , nobles , people , are in soveraigne power and jurisdiction paramount them , as much almost ( if not altogether ) as the state of venice is above their duke or the states of the low countries superiour to the prince of orange ; and may upon just occasion not onely forcibly resist them with arms , but likewise depose ( if not adjudge them unto death ) for their tyranny , as v iohn bodin , the histories of hungary , poland , bohemia , denmarke , sweden , iunius brutus , de iure magistratus in subditos , munster in his cosmography , and those who have compiled the republikes of these realmes attest ; who further evidence , that most of these realms have sometimes elected them kings , other times onely dukes , and made their republikes , principalitis , dukedoms or kingdomes at their pleasure . to give onely some briefe touches concerning these realmes and their kings . hungary . the kings of hungary are meerly elective by the states and senators , in their parliaments or assemblies of the estates , without whom they can neither make lawes , impose taxes , leavie warre , nor conclude peace ; and the grand officer of the realme , to wit the great palatine of hungary ( who hath the chiefe command both in peace and warre , and power to judge the king himselfe in some cases ) is elected onely in and by their parliaments , as the x marginall writers manifest at large . for their realms and peoples deportment towards their ill kings ( since they became christians ) when they have degenerated into tyrants , and otherwise misdemeaned themselves ; take this briefe epitome . peter the second christian king of hungary , growing very insolent , tyrannicall , and lascivious , ravishing maids , matrons ; in the third year of his reign all the nobles and people thereupon conspiring together , deposed and banished him the realme , electing alba in his place ; who growing more insolent and tyrannicall then peter , was in the third year of his reign slaine in warre , and peter restored to the crown : who proceeding in his tyrannies , sacriledge , and cruelty , he was the third year after his restitution , taken prisoner by his subjects , his eyes put out , and imprisoned till he dy●d . solomon the fift king of hungary , was twice deposed and thrust out of his kingdom , first by king bela , next by king gysa , elected kings by the peoples generall consent and acclamation ; after whose death the hungarians refused to restore solomon , and elected ladislaus for their king ; whereupon solomon became an hermite , and so dyed . ladislaus dying , left two sons , almus the younger , whom they elected king and coloman the eldest , to whom almus out of simplicity surrendred the crown , because he was the elder brother , whom he would not deprive of his primogeniture ; but repenting afterwards , by the instigation of some of his friends , he raised warre against his brother : but the hungarians to prevent a civill warre and effusion of blood , decreed , that these two brethren should fight it out between them in a single duell , and he who conquered in the duell , they would repute their king ; which combate coloman being purblinde , lame and crookback'd , refused ; after which coloman treacherously surprising his brother almus , contrary to agreement , put out his and bela his sonnes eyes , and thrust them into a monastery . king stephen the second sonne of coloman , refusing to marry a wife , and following harlots , the barons and nobles grieving at the desolation of the kingdome , provided him a wife of a noble family , and caused him to marry her . after which making a war to aid duk-bezen z without his nobles consent in which bezen was slaine : the nobles of hungary assembling themselves together in councell , sayd : why , and wherefore dye we ? if we shall claime the dukedome , which of us will the king make duke ? therefore let it be decreed that none of us will assault the castle , and so let us tell the king , because he doth all this without the councell of his nobles : they did so , and added further , that if he would assault the castle , he should doe it alone ; but we ( say they ) will returne unto hungary and chuse another king. whereupon , by the command of the princes , the heraulds proclaimed in the tents , that all the hungarians should speedily returne into hungary : wherefore the king when he saw himselfe justly deserted of his subjects ayde , returned into hungary . stephen the third comming to the crowne , did nothing without the authoritie and advise of the senate . stephen the fourth sonne of bela usurping the crowne , was soone after expelled the kingdome . emericus being elected king , was very likely to be depriued by the nobles and people for his sloathfulnesse , but that he appeased them with good words and promises . king andrew going to jerusalem , his queene , elizabeth , in the meane time delivered the wife of bauchan a nobleman , being very beautifull to her brother who doated on her , to be abused , which bauchan hearing of , slew the queene : the king upon his returne examining this businesse , acquitted bauchan , and judged her murther just , being for so lewd a fact . ladislaus the fourth , giving himselfe to all effaeminacy , luxury , and harlots , became odious to his barons , nobles , people , for which he was excommunicated by firmanus the popes legat , that he might live christianly and chastly ; but he reforming not , was soone after ( in the yeere ● . ) slaine by the cumans and his kingdome infested with civill warres . mary the daughter of k. lewes , being received as queene by the hungarians for her fathers merits , after his decease , being yet young , was married to sigismond , who was admitted into partnership in the government of the realme , and being governed by her mother and nicholas de gara , who perswaded them to carry a strict hand over the nobles of the realme , which they did : thereupon the nobles seeing themselves despised , sent for charles king of naples into hungary ; forced mary and her mother to resigne their rights to the crowne , and crowned charles king at alba regalis . when he was crowned the bishop of strigonium , according to the custome , demanded of the people thrice , with alowd voyce ; whether it were their pleasure that charles should be crowned king ? who answered , yes : which done he was crowned , and soone after murthered by the two queenes treachery ; who were shortly after taken prisoners by iohn de horrach , governour of croatia ; the queen mother elizabeth drowned , queen mary kept prisoner , and at last released upon oath given , not to revenge her mothers death : who contrary to her oath caused hornach , and . nobles more to be beheaded by sigismond her husband , whose kindred and children thereupon conspired against king sigismond , tooke and detained him prisoner anno. . till they should proceede further against him , and in the meane time the nobles of hungary elected ladislaus king of apulia for their king , and at last deposed sigismond for his misgovernment , cruelty , love of women . after a sigismonds death , the nobles and people were divided in the choise of their king ; one part electing and crowning vladislaus king of poland , the other party ladislaus an infant , for their king : but vladislaus his party prevailing , he was not long after slaine in a battle against the turkes ; and the government of the realme committed to that noble souldier huniades , during the minority of ladislaus , who at his ripe age , was received and declared king by all the hungarians . ladislaus deceasing , the hungarians elected the emperour frederick king , who delaying to come and take the election , they thereupon chose mathias king , who enjoyed the dignity , notwithstanding the emperours opposition . anno. . mathias king of hungary denyed the protestants in b austria free exercise of their religion , they thereupon were forced to take up armes , and assembling together at horne made a protestation , and sent to the states of hungary requiring them to assist them with the succours that were promised by the offensive and defensive league : after which they obtained a peace , and part of what they demanded . c anno . in an assembly of the estates of hungary , the differences concerning the defence and militia in the borders of hungary against the turke were ordered and setled . and d an. . after many slow proceedings , they elected ferdinand of bohemia for their king of hungary ; but with these conditions , that he should religiously observe , and cause to be immovably observed all the liberties , immunities , priviledges , statutes , rights and customes of the kingdome , with the conclusions and freaties of vienna , and all the articles comprehended therein , and all other concluded both before and after the coronation of the emperours majestie , in the yeares . and . which articles being ratified by the emperour under his letters patents , they proceeded to the coronation , according to the accustomed manner . such is the soveraigne power of the states of hungary to this very day . and in one word , so odious were e tyrants anciently to the slavonians and hungarians , that by a publick law of their ancestors , he who slew a tyrannicall king , was to succeede him in the kingdome . bohemia . for the kings and kingdome of bohemia , m. paulus stranskius in his respublica bohemiae . c. & . informes us out of the fundamentall lawes of bohemia f that the power of the kings of bohemia , who are elected by the generall votes of the states , is so farre restrained in that realme , that they can determine nothing concerning the kingdome or great affaires of the realme , but in their parliaments , or generall assemblies of the estates , by the generall consent of the people ; which are summoned by the king himself and held ( just like our parliaments ) in the kings regency , and during the interregnum by the senate of the realme , as often as there is occasion ; there being this clause in the writ of summons ; that whether all those who are sommoned come at the day or not , the king with those who appeare , will proceed to decree what shall be just and beneficall for the republicke , and that those who neglect to appeare shall be bound thereby ; all lawes and acts are therein passed by publicke consent . the king cannot alien or morgage any of the crown lands , nor release not diminish the revenue : & liberties of the realm , nor promote any strangers to the custodies of castles or publicke functions ; impose no taxes , charges ; nor altar the ancient manner of the militia of the realm , nor make warre or peace , without the parliaments advise and consent . and f before the king is crowned , the burgrave and nobles , in the name of all the realme , demand of him to confirm and ratifie both with his especiall charter , and publick oath , the ancient and laudable priviledges , immunities , liberties , rights , laws , customes , and institutions , as well private as publicke , of all and singular the inhabitants of the realme , and to governe them according to the rule of the lawes after the example of his predecessors kings of bohemia . which done , he seales and delivers them a speciall charter , takes such a solemne oath , and then is crowned upon these conditions . the g arch-bishop of prague after the letany ended , demands of the king , kneeling on his knees : wilt thou keepe the holy faith delivered to thee from catholick men , and observe it in just workes ? he answering , i will : he proceedes , and saith : wilt thou governe and defend the kingdome granted thee from god , according to the justice of thy fathers ? he answeres , i will , and by gods assistance promise that i will doe and performe it by all mean●s . after this kneeling on his knees , the arch-bishop holding the new testament open , and the burgrave reading the words first ; the king takes this oath in the bohemian tongue . we sweare to god ( the mother of god and all saints ) upon this holy gospell , that we will and ought to keepe immovably to the barons , knights , and nobles , also to those of prague and the other cities , and to all the commonalty of the realme of bohemia , the institutions , lawes , priviledges , exemptions , liberties , and rights , and also the ancient , good and laudable customes of the realme ; * and not to alienate or morgage any thing from the same kingdome of bohemia , but rather to our power to augment and enlarge it ; and to doe all things which may be good and honourable to that kingdome : so helpe me god ( touching the booke with two of the fingers of his right hand ) and all saints . ( the kings of navarre take the like oath . ) how h this realme hath beene altered from a principality to a dukedome , and from it againe to a kingdome , having sometimes kings , sometimes dukes , both elected by the free choyse of the estates , to whom they were inferiour in soveraigne power , accountable for their mis-government , and removeable from their throne : you may read in the h marginall authors . not to mention the bohemians deposition of libussa a noble virago , who governed them for a season , reputing it a dishonour to the nation to be ruled by a woman , and electing przemys●●s for their prince ; their deposition and banishment of prince borzinegius , because he became a christian , and renounced their pagan religion , though they afterwards twice restored him : of boleslaus rufus , of borzinogius the . thrice deposed banished by the nobles and people , or sobe●slaus , and other princes . wladislaus first king of bohemia in his old age , by the assent of the estates associated his sonne frederick ( anno ) with him in the regality . henry king of bohemia using the councell of the germans rather then the bohemians , and looking more after his owne private gaine then the kingdomes , was deposed in a generall assembly of the estates anno . and the sonne of the emperour henry the th . chosen king , upon this condition , if he would marry the youngest daughter of king winceslaus . king wenceslaus the drunken , for his drunkennesse , negligence and cruelty , was twice imprisoned and severely handled by his nobles , and upon promise of amendment , restored to his liberty and dignity : in his and sigismond his successors raigns * zizca and the taborites in defence of their religion against the popish party , who most unjustly against their promise and safe conduct , caused john hus , and jerome of prague to be put to death , waged great warres and obtained many victories against the king and emperour , and gained free liberty of professing their religion publickely much against the popes good will ; which liberty they have ever since maintained by the sword , both against the popish emperours and kings , by meanes of which civill wars , the kingdome suffered some interregnums . during the minority of king ●c ladislaus , anno . this kingdome was governed by two presidents , appointed by the estates . i anno . the emperour rodulph being willing to settle the kingdome of bohemia on his brother matthias in an assembly of the states of bohemia called for that purpose , the estates thereupon drew many articles which matthias was to sweare to , before his coronation , with . articles of complaints and grievances for which they craved redresse : and the inhabitants of prague required the confirmation of . articles , which concerned the private government of their city : all which the emperour and matthias were constrained to grant and sweare to , before they would admit matthias to be their king ; who had nothing in a manner but the title , some of the flowers of the liberty of the crowne , being parted with by his assenting to these articles . k anno . matthias resigning the crowne of bohemia , and renouncing his right thereunto , recommended ferdinand arch. duke of austria , to them or his successour . the states would not admit him king but upon conditions , the which if he should infringe , the states should not be bound to yeeld him obedience . moreover it was added , that he should confirm : to the states before his coronation , to maintaine all the priviledges , charters , immunities , municipall rights , constitutions and customes , of the realme and people , as the emperour and his predecessors had done , by his oath , and charter in writing . all which assented to , he was proclaimed and crowned king . soone after the arch-bishop of prague causing some of the protestant churches to be ruined , and those who complained of it to be put in prison ; and plotting the extirpation of the protestant religion , through the iesuites instigation , contrary to their liberties and the provinciall constitution ; hereupon the protestant states of bohemia assembled at prague , fortified the towne , binding the three townes of prague to them by an oath ; entred into a solemne league , promising to fight against the common enemies of god , the king and religion , and in that cause to live and dye : to which end they levyed a great army ; banishing the jesuites out of bohemia , as the authors of all the miseries which had hapned in that realme , and many other realmes and states of christendome , and inciting murderers to kill kings who would not live after their manner , and medling with affaires of state , and who had drawne the whole country into the hands of certaine perfidious catholickes , by whose practises the country was in danger of ruine . for which causes they banished them for ever out of the realme of bohemia , enjoyning them to depart within dayes , never to returne . after this , the protestants hearing that the emperour and popish party raised forces against them , possessed themselves of many townes and places within the realme , and raised two armies ; all the protestant princes and states of germany . morauia and silesia ( except the elector of saxony ) assisted them with men , money or councell , publishing a declaration to justifie their action , being for the common cause of religion , the● endangered . the prince of orange and states of the united provinces promised them assistance of men and money , other protestant princes and the protestant states of lower austria , did the like . the protestant armies after this had many victorious incounters with the imperialists and popish forces , and took many towns. king ferdinand in the meane time , being newly chosen emperour , the states of bohemia being assembled together at prague , which the deputies of the incorporated provinces , anno. . concluded and protested by oath , never to acknowledge ferdinard for their king who had violated his first covenants ; resolving to proceede to a new election ; and on the . of august elected fredericke the prince electer palatine of reine to be their king ; who accepted the dignity , & was afterward crowned king accordingly . after which the states of bohemia in sundry declarations justified their rejection of ferdinand , their election of frederick , and his title to be just and lawfull , with their preceedent and subsequent warres in defence of religion . yea fredericke himselfe by sundry declarations maintained his own title : and the lawfulnes of these wars ; which passages and proceedings being yet fresh in memory , and at large related by grimston in his m imperiall history , i shall forbear to mention them . by this briefe account , you may easily discerne the soveraigne power of the realm and states of bohemia over their kings and princes , most of the n great offices of which realme are hereditary , and not disposable by the king , but states who elect their kings themselves , and their greatest officers too . poland . for the kings and kingdome of poland . o martinus chromerus in his polonia lib. . de republica et magistratibus poloniae , informes us ; that the princes and dukes of poland , before it was advanced unto a kingdome , and the kings of it ever since it became a realme , were alwaies elected by the chiefest nobles and states , unanimous suffrages ; that after the kings of poland became christians , their power began to bee more restrained then it was at first , the clergy being wholly exempt from their royall iurisdiction : that the king cannot judge of the life or fame of a knight ( unlesse in some speciall cases ) without it be in the assembly of the estates with the senate , nor yet publickly make warre or peace with any , nor impose taxes or tributes or new customes , nor alienate any of the goods of the realme , nor yet doe or decree any greater thing pertaining to the common-wealth without the senate or parliaments assent . neither can hee make new lawes , nor publickly command money in an extraordinary manner , nor coine money , nor nominate a successor not with the senate , without the consent of the nobility , whether of knights or gentlemens order ; by , or out of whom all publicke magistrates and senators almost are chosen : so as now the summe or chiefest power of the republicke is residing in them . so that the kingdome and republicke of the polonians doth not much differ in reason from that of the laced●monians in ancient times , and of the venetians now . an oath is exacted of the new king when he is crowned , to this effect . that he shall raigne according to the lawes and institutes of his predecessors ; and will safely conserve to every order and man his right , priviledge , and benefit , confirmed by former kings ; nor will he diminish any of the borders or goods of the realme , but will according to his power recover those that are lost from others : after all which the senate sweare fealty to him , &c. the revenues , tributes , and customes of the king are all reduced to a certainty ; the nobles & clergie are exempted from taxes . the king by the lawes of king alexander , is prohibited to alien to any one the lands of the crowne . no new lawes can be made , nor old ones repealed but by the king , senate and nobles assembled in parliament . and because there is wont to be in highest power , a slippery and ready degree to tyrannie , certaine senators and councellours are adjoyned to the king , who may direct his councells and actions to the safety of the common-wealth , and his judgments according to the rule of justice and equitie , and with their wholsome monitions and councells , may as there shall be occasion , as it were with certaine living lawes , both informe his minde and moderate his power . this royall senate , much greater now then in times past , consists of a certaine number of men , which wee call the senators or councellours of the realme ; who are not admitted to the councell without an oath : and this office is perpetuall during life , having certaine honours and magistracies thereto annexed , partly ecclesiasticall , partly civill ; it consists of . persons in all , some of them bishops , others palatines , knights , castellanes , and other officers of the realme . the chancellor of the realme may signe many things without the kings privitie , and may deny to seale those things which are contrary to law , though the king command them . most of the great officers and magistrates are chosen in parliament , and cannot be displaced but in parliament , and that for some great offence . their parliaments or generall assemblies of the states are held ( much like ours ) once every yeare at least , and some times every fift or sixth moneth , if there be occasion ; and then they are kept constantly at one place , to wit at petricow , or warsavia in the midst of the kingdome , unlesse it be upon some extraordinary just occasion , and then the king by advice of this councel may sommon the parliament at another place . it is provided by a law within these . yeares ; that it shall not be lawfull to the king to make a warre without the assent of his parliament and great councell ; and that the nobles as oft as there is occasion , shall at their owne costs without wages defend the borders of the realme , yet not without the king , unlesse it be during the interregnum ; but they may not be compelled to goe out of the realme to any forraigne warre without wages : the souldiers wages are reduced to a certainety , and asseased by publicke consent in parliament , which orders all military and civill affaires . so cromerus . for their carriage towards their ill kings , i shall give you onely a short account . p miesco their second king , being unfit to governe , a man given wholly to his belly , ease , sleepe , pleasure , and governed by his queene , thereupon most of his subjects revolted from him ; and he dying , the polonians at first for many yeares , refused to chuse cazimirus his son king , least he should follow his fathers step ▪ till at last after a long interregnum , when he had turned monke , they elected him king. boleslaus his sonne , a man of a dissolute life , given to lust , and the p●st of the realme , was excommunicated by the bishop of cracow for his wickednes ; for which cause he slew him : whereupon the pope deprived him , and poland of the crowne , and absolved his subjects from their obedience to him , who expelled and forced him to flee out of the realme into hungary , where he became mad and died . my●zlaus the . king of poland , exercising tyranny every where upon his people by reason of his power and allies , was deposed by his subjects , and caz●mi●us elected king in his stead ; he was three or foure times deposed ●nd put by the crowne ; boleslaus who succeeded henry , was deprived of the monarchy ; henry was surprised and most strictly imprisoned . boleslaus was slaine by his nobles ; and vladislaus locktect , elected king in his stead , ravishing virgins , matrons , and not reforming things according to promise ; the nobles hereupon assembling together an . abrogated his election , as pernicious and chose wenceslaus king of bohemia , king in his place : and not to recite more ancient histories of such like nature , q king henry the third of poland was elected and sworne king upon conditions which he was to performe anno . after which he secretly departing out of poland , without the assent of the nobles , to take possession of the crowne of france , within . monthes after his coronation in poland : the polonians sent messengers after him to f●rrara , june . . who denounced to him , that unlesse he returned into poland before the . of may following , they would depose him , and elect another king : which he neglecting , they in a generall assembly of the estates at warsauia , deprived him of the crowne , and elected a new king : the chancellor and greatest part of the counsellers elected maximilian the emperour ; some others , with the greater part of the nobility , desiring to have one of the polish blood , elected anno sister of their deceased king sigismund , giving her for husband stephen battery prince of transylvania , and proclaimed him king. the emperour making mary delayes , stephen in the meane time enters poland , marrieth anne , and is crowned king by generall consent , february . . who tooke this memorable coronation oath prescribed to him by the nobles . i stephen by the grace of god elected king of poland , great duke of lithunia , &c. promise and sacredly sweare to almighty god , upon these holy evangelists of iesus christ , that i will hold , observe , deford and fulfill in al. conditions , criticles , and points therein expressed all rights , liberties , securities , priviledges publike and private , not contrary to the common law , and liberties of both nations , justly and lawfully given and granted to the ecclesiastickes , and seculars , churches , princes , barons , nobles , citizens , inhabitants , and any other persons of what state and condition so ever by my godly predecessors , kings , princes or lords of the kingdome of poland , and of the great dukedome of lithuania , especially by casimir , lewis the great , called loys , vladislaus the first , called iagiello and his brother withold great duke of lithuania , vladislaus the . casimyr the . iohn albert , alexander , sigismund the first , and . augustus , and henry kings of poland , and great dukes of lithuania ; or derived and granted from them , together with the lawes enacted , and established or offered by all the states during the interregnum , and the pacts and agreements of my orators , made with the states in my name . that i will defend and maintaine peace and tranquility between those who differ about religion ; neither by any meanes , either by our iurisdiction , or by any authority of our officers or states , permit any to be troubled or oppressed , neither will we our selfe injure or oppresse any by reason of religion . all things any way whatsoever unlawfully alienated , or distracted , either by warre or any other meanes , from the kingdome of poland , the great dukedome and their dominions , i will re-unite to the propriety of the said kingdome of poland , and great dutchy of litluania . i will not diminish the lands of the kingdome and great dukedome , but defend and enlarge them . i will administer justice to all the inhabitants of our kingdome , and execute the publike laws constituted in all my dominions , without all delaies and prorogations , having no respect of any persons whatsoever . and if i shall violate my oath in any thing ( which god forbid ) the inhabitants of my realme , and of all my dominions of what nation soever , shall not bee bound to yeeld me any obedience : yea , i doe ipso facto free them from all faith and obedience which they owe unto me as king. i will demand no absolution from this my oath of any one , neither will i receive any , which shall be voluntarily offered , so helpe me god. to this notable oath ( an unanswerable evidence of the states of polands absolute soveraignty over their kings ) this king within . dayes after his coronation , added a confirmation of their priviledges , containing the same heads , enlarged with a few more words ; which he confirmed with his solemne deed and royall seal , and delivered the same to the chancellor , and vice-chancellor of the realme to give out coppies of them , under the great seale to all the states of the realm ; who meeting ſ afterwards in a parliament at warsauia , anno ; there was much debate about setling of the premises , and nothing concluded . t anno , the states of poland questioned and opposed k. stephen , for violating their priviledges , and those of riga tooke up armes in defence of them ; refusing after his death to repaire to the assembly of the states at warsauia , anno . vnlesse their priviledges might be preserved and rectified , as you may read at large in chytraeus . king stephen dying the estates of poland , and lithuania , assembled at warsauia , anno . where they made lawes for preserving the peace during the inter regnum ; and enacted , that no new king should be elected , but by the unanimous consent and agreeing suffrages of all the estates , and that he who shall nourish factions , or receive gifts or rewards , or use any other practises about the election of a new king , should bee reputed an enemy of his country . after which they proceeding to an election ; there were divers competitors named : and after many debates ; one part chose maximilian duke of austria , the other sigismund the king of swethland his sonne , both of them uppon expresse articles and conditions , which they both sealed and swore unto , the chiefe whereof were these ; to preserve all their rights , lawes , priviledges , and immunities publike or private , inviolably ; to keepe all former leagues and truces ; to bestow no offices upon strangers nor harbour any about them , ( except some few private servants ) but native onely , and to be conselled and advised by them alone . to maintain a navy , garrisons , and build divers castles in the frontiers at their owne costs for the kingdomes preservation ; to redresse all grievances , maintaine the priviledges , rights and peace of those who differed in religion ; to procure and augment the weale , peace , priviledges and safety of the realme ; and perform all articles mentioned in the oathes of king henry and stephen ; in fine , this competition comming to bee determined by the sword : maximillian was taken prisoner by sigismund , and forced to release his right to obtain his liberty : and a decree passed in parliament , that no man hereafter should in the election of the king of poland , presume to name , or recommend any of the house of austria to the crown , and if any did he should be ipso facto infamous : which decree the emp. rodolph desired might be abolished , as being a disparagement to that family , yet prevailed not . after which this king managed all things concerning warre , peace , and the government of the realm , by advice of his parliament , as chytraeus at large relates ; and his successors to this present have done the like , taking the crown upon such conditions , and making such conditionall oathes at their coronations , as steven did at his . denmarke . for the kings of denmarke , i have t formerly proved , that they can make no war , peace , lawes , nor lay any impositions on their subjects , but by common consent of the estates in parliament ; their kings being elective by the people , and crowned kings upon such conditions , oaths , articles , as their states , ( in whom the soveraign power resides , ) shall prescribe unto them ; who as v bodin clearly determines , have a lawfull power to question , censure , and depose them for their tyrannie and misgovernment , they having no greater authority then the kings of bohemia or poland . to run over the histories of all their ill kings would be overtedious , for which you may peruse x saxogrammaticus & others ; i shall give you in brief how some of their later kings have been handled by their subjects for their tyranny and misgovernment . not to mention the murthers of canutus in iutland in the very church , or of magnus or nicholas , slain by their subjects ; king humblus was deprived of his crown : and king harold deposed by his subjects for his insolency . suano waxing proud , tyrannous and oppressive to his people , became so odious to them , that his nobles adjoyned canutus and waldemar to him in the royall government , and divided the kingdom between them ; who thereupon being much displeased , slew canutus and wounded waldemar , being impatient of any peers in government ; for which being soon after vaquished by waldemar , hee was beheaded by the people . able slaying and beheading his brother king ericus , and usurping his crown , the people rose up in arms against him , took him prisoner , and the peasants in frisia slew him . king christopher spoyling waldemar of his dukedom of schleswick , thereupon the earles of holsatia rose up in armes against him , took him prisoner , and detained him so at hamburgh , till he paid a great ransome for his libertie . king ericus was slain by his own servants , anno . king waldemar was expelled the realme by his subjects , and afterwards restored upon his friends mediation ; who not long after denying merchants their ancient liberties in the realme , the maritine cities conspiring against him , entred denmark with a great army , expelled him the realme , tooke his castell of coppenhagen , and had the land of scania assigned to them for . years , by the nobles , in recompence of their damages sustained . ericus seeing his subjects every where rise up in arms against him , sayled into poland , an. . and deserted his kingdom and soveraignty , the people denying him libertie to name a successor , and electing christopher duke of bavaria for their king . after whom they elected christierne the first king , against whom the sweeds rebelling for want of administration of justice , and the oppression of his officers , vanquished christiern in battell , and set up a new king of their own , named charles , who an. . abandoned the royalty ; the swedes after that would neither create any new king , nor obey christierne , nor yet king iohn who succeeded him , whose queen they took and detained prisoner two years , and maintained warre against him . y christierne the second , king of denmarke , was thrust out of his kingdome for his tyrannie , and breach of his subjects priviledges ; which he endeavouring to regain , was taken prisoner by his vncle frederick duke of scleswick and holstein , and committed prisoner to sunderburge in holsatia , where hee dyed in chains : frederick was elected king in his place , ( upon certain articles and conditions which he was sworn unto before his coronation ) in a generall assembly of the states held at hafnia , an. . in and by which assembly christierne was solemnly deposed , and a declaration made , printed and published in the name of all the states of denmark , wherein they expresse the cause why they renounced their faith and obedience to christierne , sworn unto him upon certain conditions which he had broken , and elected frederick : which declaration because it is not common perchance to every ordinary shollar , and contains many things touching the frame and liberty of the kingdome of denmarke , the articles to which the kings do usuall swear at their coronations , and the tyrannnies of christierne , for which he was deprived . i shall here insert , as i finde it recorded in z david chytraeus . omnibus christianis regnis , principatibus , regionibus & populis , notum est , in orbe christiano , celebre regnum daniae suum esse , quod non secus ac caeterae regna , plurimis jam seculis , regia sua praeeminentia , dignitate , or namentis & libertate praeditum fuerit , & adhuc sit ; ita quidem ut regnum daniae , ejusque legitimè electi reges nullum unquam superiorem magistratum aut dominum agnoverint . omnibus quoque temporibus , archiepiscopis , episcopis , dynastis , praelatis & nobilitati liberrimum fuit , regem , & dominum aliquem suo judicio & arbitrio designare , & in communem regni & patriae consolationem & salutem eligere , cujus gubernatione , exemplo , & ductu regnum supradictum , christianis statutis & ordinationibus , secundum leges suas scriptas , & antiquas consuetudines vigere , miseri & oppressi subditisublevari , viduae & pupilli defendi possent . qui quidem rex semper hactenus a prima electione convenienti juramento & obligatione se huic regno devincire coactus est . etiamsi igitur nobis omnibus regni hujus ordinibus & consiliariis licuisset post obitumpotentissimi regis quondam daniae iohannis laudatae memoriae , pro jure nostro , secundum antiquam , & multis seculis continuatam regni danici libertatem , regem aliquempro arbitrio nostro designare & eligere : tamen virtute , justicia , magnanimitate , bonitate & beneficientia , eorum daniae regum , qui ex holsatorum prosapia originem duxerant , moti ; & bona spe freti , fore utrex christiernus è vestigiis regiis avis●i regis christierni , & r. iohannis patris sui non excederet : sed potius ad eorum similitu● 〈◊〉 & exemplum , gubernationem suam institueret : supra-dictum r. christiernum , 〈◊〉 . vivo adhuc patre iohanne in regem & dominum totius daniae designavimu● & elegimus . quo quidem ipso tempore celfitudo ipsius solemni iuramento , verbis concepti● , & deo sanctisque testibus citatis , praestito , archiepis . episcopis , dynastis , praelatis , equitibus , civitatibus & populo regni danici se devinxit & obligavit , cujus juramenti inter alia haec quoque capita expressa fuerunt : debemus ante omnia deum diligere & colere , & sanctam ecclesiam defendere & amplificare . omnia episcoporum , praelatorum & ministrorum status ecclesiastici privilegia , à s. ecclesia & regibus christianis ipsis concessa , inviolata conservare . archiepiscop●s quoque , londensem et nidrosiensem , et praterea episcopos , praelatos , equites auratos , & alios ordinis equestris , regni proceres & consiliarios , convenienti observantia & honore , pro cujusque conditione & statu prosequi : si qua nobis controversia sit cum archiepiscopis , episcopis , aut praelatis s. ecclesiae , eorumque ministris , in locis convenientibus , nimirum coram senatu regni , cognosci & transigi oportebit . si qua nobis ipsis , aut praefectis nostris , controversia , cùm aliquo ex nobilitate , sive is senator regni sit , sive non , incidet ; eum coram universo regni senatu , hoc nomine compellare debemus , sive ea controversia sit de fundis , sive de aliis quibuscunque bonis aut negotiis . et sicuti tenemur unumquemque juvare , ut jus suum consequatur ; ita nos ipsi quoque obnox●i esse debemus , unicuique coram senatu regni nos accusanti comparere , & ad ipsius postulata usitato iudiciorum more respondere , & quicquid a senatu regni super ea re decre●um & pronunciatum fuerit , idipsum exequi , neque hujusmodi legitimas accusationes aut postulationes iuclementi animo ferre . debemus etiam sine ullo praejudicio , gratia , aut muneribus ex aequo , tam pauperi quàm diviti , tam hospiti quàm indigenae , jus dicere & administrare . nullum etiam bellum incipere , aut externum militem in regnum introducere debemus , comm●ni senatu regni non praesciente & consentiente . literis quoque & diplomatis vel nostro , vel etiam patris nostri regis iohannis signo confirmatis , plenam & inviolatam fidem & authoritatem relinquere , ejusque aes alienum , quod liquidum est , dissolvere debemus . moneta quoque , quam cusurisumus , proba & sufficiens esse debet , ita , ut duae marcae aequivalentes sint uni aureo rhenano . item , nos christiernus & obligamus nos , quod omnes & singulos articulos , in quos jurandum nobis est , incolis regnorum daniae & norwegiae , constanter reipsa praestare velimus . sicuti etiam ex adverso subditi obligati esse debent ad suum homagium , & auxilia militaria inviolata servanda & praestanda . si vero ( quod deus avertat ) contra istos articulos agendo delinqueremus , & senatorum regni admonitionibus nullo modo locum dare institueremus : tum omnes regni incolae , ratione honoris & juramenti sui , conjuctis viribus , fideliter in hoc incumbere debent , ut hoc avertant . to faciendo , contra sua juramenta , obligationes , homagia , quo abstricti nobis sunt , nequaquam fecisse censeri debebunt . hujus generis plures alii articuli juramento inserti fuerant , qui hoc loco brevitatis gratia praetermittuntur . vt etiam regia ipsius dignitas , post juratos hosce articulos vehementius & ardentius ad virtutes regias , & christianarum sanctionum hujus regni conservationem incitaretur & inflammaretur , eommodas rationes & vias inivimus , tandemque perfecimus , ut illustrissima princeps d. elizabetha , ex hispaniarum regum & archiducum austriae illustrissima prosapia oriunda , matrimonio ipsi conju●geretur . sperabamus enim dignitatem ipsius regiam , admonitionibus nobilissimae & excellentis virtute , & summa orbis christiani regum familia ortae reginae , & praeterea consideratis tantis & tam eximijs ac sublimibus tot regum ac imperatorum affinitatibus , motum iri , ut omnibus christianis & regijs virtutibus , eum clementia & bonitate conjunctis , in tota gubernatione suaeo diligentius incumberet . verùm , statim post coronam acceptam , regia illius majestas animi acerbitatem , tyrannidem , rapinas , immanitatem crudelem & sangninariam , declaravit ( quod tamen non injuria ipsum afficiendi animo , sed extrema necessitate , ad defensionem honoris nostri compulsi , scribere & divulgare volumus , de quo ipso palàm protestamur ) imprimis autem amoris & fidei conjugalis nobilssimae & omni virtute praestanti reginae praestitae , oblitus est . quaedam enim turpis , infamis & peregrina vetula , syburgis , omni pudore & virtute destituta , & ad omnem impurit atemprojecta , propriam suam filiam , regi prostituit . quam reginae conjugi suaenobilissimae , status conditione , dignitate & gubernatione rex praetulit , eique prae omnibus regni consiliariis summam imperii in dania commisit , ex cujus perversa administratione & mandatis , multae caedes , homicidia & injustae in causis tam capitalibus quam civilibus condemnationes extiterunt : et quamvis regina ( quam semper pro regina & dominatrice nostra deinceps quoque agnoscere & habere cupimus ) ab honestiss . matrona , anna holgeria , gynecei sui praefecta , moneretur , ut dominum & maritum suum amicè hortaretur , ut à vita illa flagitiosa , quae christianum conjugem , & imprimis regiam dignitatem , nequaquam deceret , desisteret : tamen , quam primùm hoc rex & anusilla resciverunt statim illa , propter christianam admonitionem innocens ab officio , suo remota , & miserabiliter regno expulsae , et omnibus fortunis suis spoliata est . eodem modo tobernum ochsitum , de veneno , filiae syburgis propinando , falsò à so insimulatum innocentemque deprehensum , et à senatu quoque regni eo nomine absolutum , in ignominiam et contumeliam germanicae nobilitatis , tantùm mendacibus turpissimae illius mulieris sermonibus fidem habens , capite truncari jussit . quamvis etiam r●ipsius majestas ingens et publicum bellum , contra datam fidem , ●obis , nobis inconsultis et inscijs , contra sueco excitavit : tamen ut animum nostrum fidelem , et regiam ipsius personam et nomen extollendi , imperium amplificandi , et extera nationes et regna subjugandi cupidum , posset deprehendere : nos omnes nostra corpora , fortunas , regiones et subditos , in magna pericula conjecimus : quod bellum septennale , contra potentissimum regnum sueciae gessimus : et tandem cum effusione sanguinis nostri , et extrema serè cum pernicie sloris nobilitatis danicae , auxilio dei omnipotentis , contra regnum jam dictum , victoriam obtinuimus , et regiae ipsius majestati regnum subjicimus . et autem regnum sueviae in perpetua fide et obedientia regiae ipsius majestatis maneret in ipsa corononatione suecus verbis conceptis , deoque et sanctis testibus citatis , juravit , se ipsis antiqua sua jura , immunitates , et privilegia incolumia relicturum , et omnium quae in bello exorta sint offensionum , et inimicitiarum memoriam , sempterna oblivione aboliturum esse . cumque netum quidem satis regiae ipsius 〈◊〉 fiderent sueci , necesse fuit nonullis ex episcopis , praelatis , et nobilibus danicis , pro rege fidem suam interponere , eamque diplomatibus eo nomine confertis et obsignatis , confirmare . qua quidem ipsa in re deesse illi noluimus . etiamsi autem regna et populi armis subjugati , tatummodo jure et justicia in officio cotineantur : tamen rex hoc ipso non satis benè considerato , et maximis gravissimisque juramentis posthabitis , triduo post coronatinem suecicam , episcopos , praelatos , nobilitatem , una cum consulibus et aliis praefectis ( tanquam ad convivium regium & solennem de impetrata à deo victoria gratulationem ) invitavit , qui etiam fide & invitatione regia illecti , unà cum amicis , uxoribus & liberis suis , reverenter comparuerunt . sed tam amicè invitati , admodum hostiliter excepti sunt , ipsorumque plausus in moesticiam commutatus est . ex livore enim tyrannico ipsis imputatum est , quod pulvere tormentario arcem ipsius regiam passim conspersissent , ut ita incendio eum è medio tollerent . cum tamen certissimis inaiciis compertum sit , illud à rege ipso , eum in finem factum esse , ut speciociore aliquo praetextu , causam mortis in eos confingeret , quos aliâs nullo ●ure quaestionibus subjicere potuisset . atque ita reverendissimi , strenui , & honestissimi virs , d. matthias zu strengenisse , & d. vincealius scharensis episcopi , & praeterea sexaginta equites aurati & viri nobiles , aliqui etiam consules , senatores , & cives uno die , sine ullo judicio , ex mera tyrannide , contra datam fidem , decollati sunt . quorum etiam cadavera , vestibus nudata , cum in tertium usque diem in foro stokholmensi , miserabili alijs spestaculo fuissent , tandem igne comburi jussit ; ac etiamsi illi adhuc vivi more christiano confessiones suas edendi cupidi essent , tamen hoc îpsis animo prorsus malevolo denegatum est . eodem modo reverendum & religiosum d. abbatem nyddalensem & quinque fratres , qui tum in honorem dei missas celebrarant , die purificationis mariae , sine ullo judicio , aquis suffocari curavit , nullam aliam ob causam , quam quod durante adhuc bello , una cum aliis se regi opposuissent . sex praeterea ex nobilitate suecica qui communis inter daniam & sueciam pacificationis nomine , fide publica & regia , & quidem vocati antea venerant , sibi-ipsi obsides constituit , eosque in durissima vincula conjectos , tamdiu apud se detinuit , donec regnum su●ciae sibi subjecisset . multos quoque nobiles , inter quos nonnulli ex familia ribbingia fuere , una cum duobus pueris adhuc teneris , qui fide & clementia ipsius freti , istuc venerant , capite plesti : sicuti etiam tonnum ericisilium , & henrichum stichum , unà cum multis alijs nobilibus in finlandia , sine ullo judicio decollari jussit . episcepo finlandiae domum & possessiones suas per violentiam ademit , ita quidem , ut ille sibi consulens , paulò post tempestate in mari exorta naufragio miserabiliter perierit . brevitatis causa multa alia prava & tyrannica facinora , in regno sueciae contra deum & omnem aequitatem ab ipso perpetrata , hic praetermittimus . quocirca episcopi , dynastae , praelati , nobilitas , civitates & reliqui regni suecici incolae , qui crudeles , impuras & sanguinolentas ipsius manus , vita sua incolumi effugerant , contra eum insurrexerunt , satius et honestius esse rati , potius in acie pro salute patriae , quam domi sordis & turpissimis suppliciis innocentes excarnificatum , mori . atque ita ( nostro quidem judicio non immeritò ) sumptis armis & palàm bello contra regem suscepto tyrannicum illius jugum excutere instituerunt . etiamsi igitur nos periculo corporum & fortunarum nostrarum , ipsi , post auxilium divinum in regno sueciae subjugando adjumento fuerimus : tamen non nostra sed sua ipsius culpa iterum eodem regno excidit . quocirca denuo ab eo interpellati , ut sueci nostro auxilio ad priorem obedientiam adigerentur ; ne id quidem ( quamvis nullo jure aut lege teneremur ) facere recusavimus , ut vel hoc modo fidelis animus & voluntas nostra , à rege perspiceretur , quando quidem ferè supra quam vires nostrae ferrent ( cùm jam entea nostros equos , arma , naves , aurum , argentum , clinodia & insuper nostros amicos , affines & propinquos in suecia reliquissemus , ) denuo terra marique magnis impensis militem & naves armare & instruere : propria corpora nostra , possessiones , pecuniam & facultates omnes impendere : & una cum ipso totam belli molem , in tertium usque annum sustinere non detrectaremus . idque optima spe freti , futurum ut fidelia haec nostra servitia , tandem aliquando à regia ipsius dignitate cum clementia agnoscerentur . verum his omnibus non consideratis , ille intera episcopos , praelatos , ecclesias , coenobia , hospitalia , sacerdotes , matronas , virgines , nobilitatem , cives , viatores , neg●ciatores , & miseros denique rusticos , immoderatis & inauditis exactionibus , vestigalibus & expilationibus oneravit . praeterea maximam bonorum nostrorum partem , unà cum auro & argento , exactionibus extorsit , ad se translatam adhuc retinet . monetam verò nullius momenti cupream , ex ahenis cerevisiaris usu det●itis cusaem in regnum intrusit , quam aequo cum argenteis & aureis monetis precio , à milite ipsius acceptare , & ut in toto regno usurparetur & valeret , coacti sumus tolerare . cum tamen illa in finitimis regnis , nationibus & civitatibus nullius valoris esset , res nostra familiaris , cum omnibus commerciis jacerent : regnum hoc nostrum antiquum cum suis incolis omnibus suis nervis & viribus plane exhau-iretur , & ad extremam egestatem & inopiam conniiceretur . et quamvis haec quo que omnia , ut bello suscepto optatus tandem finis imponi posset , submisse toleraverimus : tamen ne hac quidem ratione quidquam apud regem proficere potuimus , cùm ille palàm hominibus fide dignis audientibus diceret , se & corporibus & fortunis imminutos ita nos debilitaturum , ut passim omnibus contumeliae & ludibrio essemus . cujus sui propositi statim etiam exemplum reipsa nobis exhibuit . archiepiscopum enim lundensem d. georgium schotburgum quem secretarium quondam suum hac spead dignitatis illius fastigium rex evexerat , ut quaedam archiepiscopatus illius praedia ad se transferre posset ; cùm regis cupiditati postea non gratificaretur , quod diceret , juramento se illi ecclesiae praestito , quod violari à se minimè deceret , prohiberi : seque potius turpissimam mortem obire , aut vitae monasticae etiam durissimae in reliquum vitae tempus mancipare se velle , quàm in perjurii suspicionem vel minimam se conjicere . cùm igitur aliquot poenarum , quae innocenti irrogabantur , optio illi concederetur ; ad vitam tandem monasticam à rege compulsus est . quo facto , statim praelatos & canonicos ecclesiae lundensis per literas ad se accersivit , cumque illi praestita obedientia comparuissent : jussit eos contra fidem regiam , in infamem & foetentem carcerem compingi , iisdemque paulò post insulam borneholman , ecclesiae illi lundensi subjectam & propriam , cum omnibus arcibus , oppidis & vicis , nullius excusationis ratione habita , vi metuque coactis , ademit . reverendissimus quoque iohannes episcopus fyoniae , cùm literis regiis ad juridicam vocatus comparuisset ; eodem modo miserabiliter , & praeter omnem culpam captus , & in carcerem conjectus est , & omns collegii illius ecclesiae bona petulanter ad se transtulit . nemo etiam velex senatoribus regni , vel aliis daniae incolis sine corporis & vitae suae periculo ipsum convenire : aut si quis omnino fortunam suam hac in parte perislitari institueret ; nequaquam id , nisi p●ius peccata sua sacerdoti confessus esset , & ad mortem se praeparasset , tentare ausus est , cùm saepenumero in eas angustias coactos nonnullos constaret , ut ne confitendi quidem spacium illis concederetur . ex quo ipso hoc quoque consecutum est , ut regno huic , & communi patriae nostrae , consilio & consolatione nostrae auxilio esse non possemus . eodem praepositum rotschildensem , & d. nicolaum erici , multosque alios praelatos & viros ecclesiasticos , qui patri & matri ipsius laudatae memoriae fideliter inservierant , absque ulla misericordia , bonis suis spoliavit . politico quoque & equestri ordini , reliquisque regin inquilinis nequaquam pepercit . mandato enim ipsius , vir strenuus & nobilis magnus tamassenus , qui toto vita suae tempore , ab omnibus habitus est homo integer & probus , & quem nemo unquam quidpiam , quod honestum & nobilem virum non deceret , gerere aut facere animadvertit ; quique etiam in fide christiana piè mortuus erat , hic inquam tamassenus , ex terra iterum effossus est ipsiusque cadaver , in foro arhusiano , in singulare daniae nobilitatis iudibrium & contumeliam , suspensum est . & insuper rex omnia illius , viduaeque ipsius relictae , bona , cum omni auro , argento , & clinodiis , sine ulla postulatione judiciali , ad se & in suam potestatem redegit . strenuo quoque d. iuggoni krabbio , equiti aurato & marescalco , qui ipsi longo tempore in dania , norwegia , & suecia honestè & fideliter , etiam eum effusione sanguinis , & bonorum suorum jactura inservierat , unum ex pagis suis vischbe●um novum unà cum multis ad eum pertinentibus fundis & bonis , aperta vi , & contra religionem jurisjurandi , ademit , & sibi vindicavit , cùm interea ille multis modis ad legitimani causae cognitionem , sed tamen frustra , provocaverat . cùm ex ministris ipsius aulicis nicolaus daa , quodam vesperi in caupona & symposio sedens , hospiti ex fenestra rhombos aliquot vitreos fortuitò excussisset ; & tamen eo nomine statim sequenti die hospiti pro tantillo damno abundè satisfecisset : nihilominus tamen , ob causam tam nihili , pater ipsius in arcem hafniensem violenter abductus , & tamdiu captivus est detentus , donec praefectus regius missis in domum ejus satellitibus , omnes ipsius cistas aperuisset , omne aurum & argentum inde exemisset , & ad quatuor marcarum danicarum millia vi metuque illi extorsisset . quinetiam contra juramentum & dotam fidem , schlos gelauben ius electionis , quod antea senatus regni propium erat , post mortem ad sùos haeredes transtulit , quo ipso antiquum nostrum & liberum regnum , haereditariae oppressioni subjicitur , & nos libera nostra electione spoliati sumus . quid , quod à quolibet , etiam pauperrimo hujus regni incola , binos in singulos annos florenos , in perpetuum deinceps numerandos , ausus est exigere , cum tamen multi ex ijs , vix bines solidos snis dominis quotannis exsolvere possent . nec tantum danicae nobilitatis excidio , animus ipsius sangainarius satiari non potuit , sed in germanos etiam nobiles ingratitudinem effunderet . honestum enim virum stephanum weberstedium , in turingia loco equestri natum , qui longo tempore , sicuti ministrum fidelem & nobilem decet , pro supremo capitaneo peditum danorum contra suecos ipsi inservierat , & qui praeclara fortitudinis suae specimina , cum hoste usque ad sanguinis effusionem dimicans , ediderat , cui etiam hoc nomine praefecturam olandensem datis literis concesserat . hunc inquam stephanum , cum diutius praefectura illa carere nollet , ex asylo coenobij sp. s. ab ipsius avo fundati abreptum , decollari jussit , hoc pratextu , quod in domo publica militi euidam vulnus inflixisset , cum quo tamen ille , amica transactione interueniente , jampridem in gratiam redierat . eodem modo cum conjugis suae regia cubulario maximiliano egit , qui reginam in regnum daniae advenientem comitatus suerat : eum enim cum regina ad c saream majestatem , & dominam margaretam , ablegasset , rex antequam dania excessisset , exitinere retrahi , & capitali suppli●io affici jussit . adhaec cum fortissimus ipsius capitaneus n. von hederstorff , nomine praesidiarioruus stokholmensium , honestos aliquot milites , pro stipendio suo , & quibusdam alijs conficiendis , haffniam misisset ; praefectus haffniensis eo exceptos abrumstorpum deduxit , quasi regem ibidem inventuri essent . eò autem cum venisset , loci praefectus , eos carceri mancipatos , paulo post sine ullo judicio , unà cùm puero quopiam trucidari jussit . suum quoque germanicum secretarium stephanum hopsensteinerum , cujus opera in gravissimi● negociis apud 〈◊〉 saream maject . electores & principes imperij romeni , usus fuerat , ad impudentissimae mulieris syburgis mendacem delationem , inclementer persecutus , ipsius vitae & bonis insidiatus est . qui tamen evidentissimo dei omnipotentis auxilio , manus ipsius cruent as ex dania evasi● , & in caesaream urbem lubecam confugit , ubi nihi lominus à ministro regio , ejus vestiga insequente , accusatus , & in custodia aliquandiu detentus fuit , donec tandem causa probè cognita , ab injusta ejus accusatione & insimulatione , per sententiam absolutus est . praetere à multas quoque exteras nationes , hollandos , brabantos , flandros , lubecenses , cum omnibus civitatibus maritimis , contra data privilegia , & regia diplomata , pecuniis suis emunxit , & quotiescunque illi negociorum suorum causa in hoc regnum appulerunt , statim navibus & mercibus suis spoliati sunt . et quamvis norvvegiae quoque regnum semper , ipsi fideliter fuerit subjectum , & pro viribus omnia sua officia & auxilia praestiterit , et ejusque omnibus edictis & interdictis cum obsequio paruerit : tamen neq deo consecrati episcopi , neque nobilitas , neque populus illius inclementem & immisericordem animum effugere potuit . episcopus enim camerensis , licet innocens , in crudeli admodum carcere captivus est detentus , ita quidem , ut ex foetido & impuro aere , curis diuturnaque sessione , omnibus suis viribus consumptis , tandem carcere liberatus , mox diem suum obierit . reverendissimus quoque episcopus ansloinsis , andreas eo compulsus est , ut alteri suum episcopatum cederet : quod si facere recusaret , submer sionem illi minabatur . reverendissimum quoque archiepiscopum nidrosiensem ab ecclesia sua archiepiscapali in exilium expulit , qui postea romam ad papam consugiens , ibidem in magna inopia & miseria mortuus est . nobilitati quoque ejus regni nequaquam pepercit , strenuum enim & praestantissimum equitem auratum , canutum , canuti ficto & mentito quodam praetextu , in carcerem redegit . cumque ille in jus provocaretur , & causa in senatu regni cognita & disceptata absolutus esset : tamen jure suo , à deo & aequitate sibi concesso , uti non potuit , cum paulò post miserimè decollaretur , & omnia ejus bona , contra omne jus a rege abriperentur . etiamsi verò multò plura ipsius impia & tyrannica facinora , & inprimis cum honestis matronis & virginibus , viduis & orphanis passim in dania , suecia , nervvegia perpetrata , indicare possemus : tamen illa ipsa , respectu nominis & dignitatis regiae habito , hoc quidem tempore , in nostra hac querela commomorare non volumus . semper equidem speraveramus futurum , ut crebris , fidelibus & submissis admonitionibus adductus , sese emendaret , & ab hujusmodi minimè regiis aut christianis , sed potius tyrannicis inceptis , facinoribus , expilationibus , vectigalibus , exactionibus , aliisque crudelibus institutis desisteret : sed tamen admonitiones hae nostrae planè infructuosae aures regias personuerunt : nostrae sententiae & consilia planè sunt repudiata , nulli ex senatu regni locus apud regemfuit relictus , imò homines planè contempti & ad nullamrem idonei habiti & reputati sumus . atque ita ille in priori sua tyrannide , seipsum induravit . et ut omnino crudeli suo erga nos animo & voluntati satisfieret , milites peregrinos magno numero , tam pedites quam aequites , contra praestitum juramentum , quod ex superioribus articulis patet , in regnum induxit , & majoribus adhuc qu●am antehac factum est , oneribus & exactionibus nos gravare instituit . cum autem id non injuria nobis grave esset , hoc tentatum est , ut nos una cum miseris rusticis , ( qui tamen ipsi tempore belli septennalis penè omnem substantiam nostram impenderamus ) vi ad illas praestandas adigeret . quocirca missis literis tanquam ad juredicam ahusium nos evocavit , eo consilio , ut nos vi militis externi ( si modò is ad tam impium facinus à rege perduci potuisset ) adoriretur , & pro lihitu suo imperata facere cogeret . compertum etiam nobis est , regem ad diem praestitutam duorum immanium carnificum , more suorum satelli●um ( ne scilicet res innotesceret ) vestitorum operam conduxisse , in eum finem , si intolerabilibus ipsius edictis & voluntati non assentiremus , ut tum in corpora & fortunas nostras impetum faceret , & forte non aliud quàm in suecia , dynastis , episcopis , praelatis , nobilitati & civitatibus factum est , covivium nobis adornaret . quapropter justissimo ( qui etiam in fortissimos viros cadere potest ) metu compulsi sumus , ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus , atque ita nostra corpora , vitam & possession●s ( quod jure naturae facere tenemur ) defendeve●●us . compulsi igitur sumus , ut nostra juramenta , homagia & auxilia militaria per literas illi renunciaremus , id quod , etiam reipsa à nobis jam factam est , cum plane confideremus , neminem fore , qui impiis tyrannicis ipsius delictis consideratis , vitio hoc vertere nobis posset . nos enime status & consiliarios regni dauici , coram deo & hominibus obligatos agnoscimus , ut communi patriae , in extremis hisce periculis & angustiis , consolationem aliquam offeramus . siquidem miserorum ejus regni inquilinorum aeterna , ratione corporum & bonorum , pernicies , matronarumque & virginum dedecus & contumelia potissimum ab eo quaeritur , à quo illa omnia meritò averti à nobis debebant . neque ignotum est , propter similia , aut saepè etiam leviora quàm nos ( proh dolor ) perpessi sumus facinora tyrannica , saepenumero caesares romanos , reges vngariae , bohemiae , angliae , & scotiae , ex suis imperiis & regnis dejectos , nonuullos principes ex ditionibus suis haereditariis expulsos esse , sicuti id tam ex veteribus historiis , quàm ex nostrae aetatis exemplis satis certo nobis innotuit . et nisi gravissimus hisce , quae hactenus commemoravimus , oneribus impelleremur , pigeret & taederet nos , talem aliquam cogitationem in nostrum animum inducere , multo minus reipsa eam exequi , sed potius sicuti patri & avo ipsius , ita ipsi quoque libenter addicti fuissemus . etiamsi verò ab electione externi alicuius & christiani regis aut domini cujus potentia & defensione regnum nostrum gubernaretur non plane fuimus alieni : tamen considerato diuturno & christiano regimine , regiis virtutibus , clementia , bonitate & justitia , quibus & illustriss . princeps & dominus . d. fridericus , verus haeres nor●egiae , dux sleswici , holsatiae , stormariae & dietmarsiae , comes oldenburgi & delemenhorsti , erga subditos suos statim à guber nationis suis exordio pie & landabiliter usut est : eum potissimum unanimi consensu regene & dominum nostrum supra totam daniam elegimus , cum nimirum cogitaremus , eum ex inclyta regum daniae prosapia originem ducere , & praeterea regis filium natum esse , aetque ita jure prae omnibus alis principibus hunc honorem ipsi , praesertim cum patrimonium quoque ex regno paterro suae colsitudine debitum ne nunc quidem accepisset , deberi . regomus igitur unumquemque , cujuscunque conditionis aut ordinis sit , si fortè suprà dictu● rex christiernus , aut alius quispiam nomine ipsius , vel scriptis vel alio modo , nos insimulet , quod contra datam fid●m & juramenta hac in partè egerimus , ut illi , antequam vlteriorem nostram defensionem audiat , fidem non habeat , sed potius nostras hasce difficultates , corporis & vitae pericula , impias viduarum & pupillarum oppressiones , matronarum & virginum violationes , cum clementi , christiana , benevola & humana commiseratione cognoscat . & nos ( qui honorem & existimationem nostram , ut pios nobiles decet , erga regem illaesam ad huc conservavimus ) excusatos habeat . simulque aliis queque omnibus & singulis , ob causas jam suprà dictas , & alias complures ( quas adhuc in bonorem nominis regii usque ad ulteriores nostras apologias reticemus ) benignè nos excuset . si etiam rex coram logitimo aliquo judice nos accusandos esse censuerit . hoc ipso scripto nos ad legitimam & justam causae hujus cognitionem & decisionem offerimus ; pollicemur etiam nos iis , quae hoc modo jure decernentur & sancientur , prompto animo p●rituros esse . neque dubitamus , si vel sanctitas pontificia , vel rom. caesarea majestas , & ludicium camerae , vel alii quoque christiani reges , electores , principes , comites , barones & nobiles , vel inclytae & liberae imperii civitates petitionis hujus nostris aequitatem , & ipsius impiam & tyrannicam nostri oppressionem cognoverint , quin factum hoc nostrum , ad quod extrema necessitas nos compulit , nequaquam sint improbaturi . pro quo ipso singulis , pro ratione ordinis & conditionis suae , nostra studia , officia , & gratitudlnem , omni tempore praestandam , deferimus & pollicemur . swethland . not to mention the kings and kingdom of norway , long since incorporated into denmarke , whose lives and catalogue you may reade in * munster , ioannis magnus , crantzius , and others : * in which realme not one king anciently died of age or diseases in above one hundred yeers , but of violent deaths ; there being this custom , that whosoever slew a tyrant king , was thereby made a king. the kings of swethland have alwayes been elected upon certaine conditions , and subordinate to the power and censures of their whole states and parliament , in such sort as the kings of hungary , bohemia , poland , and denmarke have beene ; and oft times this kingdome hath beene annexed to the realme of denmarke , and subject to the danish kings , as they saw occasion : the names and lives of the swedish kings before and since their conversion to christianity , you may reade at large in * munster , joannis magnus , crantzius , olaus magnus , and others : i shall give you a taste onely of some of them out of those authors . halsten , and animander his successor were thrust out of their thrones and realms by their subjects . after whose death , the swedes elected one king of their owne nation , the gothes another , not enduring a forraign prince to reigne over them . king bugerius slaying his brother ericus , who had imprisoned him at a banquet , his nobles detesting this his treacherous act , rose up in armes against him , expelled him the realme , and beheaded his queen and magnus his son , electing magnus the son of ericus for their king. magnus the seventh , betrothed his son aquin to a kinswoman of the earle of holstain upon this condition , that unlesse aquin should receive her a virgin , all the nobles of the realme should be freed from their oath of allegeance to him . the virgin sailing into swethland , was taken prisoner by waldamer king of denmarke , who betrothed his daughter margaret to aquin : whereupon the nobles of sweden denied to yeeld any more obedience to their king , deserted magnus and chose albert king : magnus seeking to regaine his realme , was defeated in battell and died in exile . queen margaret taking albert prisoner , and conquering sweden , left it and two kingdoms more to ericus her adopted son . but the swedes weary of a forraigne yoke , by the helpe of engelbert , denied subjection to him , and waged warre so long with him , that he was forced to place swedes in all the castles by agreement , and to receive onely halfe the revenues of the realme in his absence , and at last ( tired out with the wars ) deserted both crowne and kingdome . after this the swedes elected charles for their king , who after seven yeers reigne , perceiving that he grew grievous and displeasing to the states of sweden , taking his owne private goos onely with him , and leaving the treasure of the realm in a safe place , left the kingdome . whereupon they elected christierne the first , the king of denmarke and norway , for their king ; against whom they took up armes , because he had broken that paction prescribed to him when he tooke the crowne ; whereupon anno . christierne came with a great power to subdue the swedes , but he was easily conquered , repulsed thence twice one after another by the swedes united forces : who elected them a governour whom they called a marshall , which had power to call generall assemblies of the states , and execute the kings office , and might have beene elected king upon such conditions as the states propounded , which he refused to submit to . king iohn thinking to subdue the swedes after christiernes death , was repulsed by them , and his queen taken prisoner . his sonne christierne the second , king of denmarke , by the treachery of gustavus archbishop of vpsalis , after many encounters , upon promise to continue their laws , liberties , and priviledges inviolably , and to remit all offences past by a solemne oath , was elected by the swedes for their king : who swearing these articles and confirming them by his charter , was upon this admitted into the towne and castle of holme ; * where feasting all the nobles and principall men of swethland two dayes together , suspecting no treachery , he suddenly apprehends them , imprisons , murthers all the nobles , gentry , citizens , commons , yea bishops and monkes , with extraordinary cruelty , spoils their wives and orphans of all their goods , and exerciseth more then barbarous tyranny over them ; which gustavus erichson , a noble swede then in denmarke hearing of , escape thence privily , and comes into swethland disguised , raiseth an army to revenge this butchery , delivers his country from this tyrant , and for his noble service was by their unanimous vote elected and crowned king of sweden in his stead ; the swedes in a publike declaration manifesting their expulsion and deprivation of christierne for his treachery and tyranny to be just and lawfull . * ericus the seventeenth king of sweden , imprisoning his brother , murdering his faithfull counsellours , warring upon his subjects , playing the tyrant , and matching himselfe unworthily to a woman of meane condition , was for these his misdemeanors taken prisoner , with his queene , deposed , and his brother made king in his stead , anno . and * sigismund king of sweden , taking upon him the crowne of poland , after fourteen yeers reigne , was deposed and dispossessed of his kingdom anno . and charles his uncle made king in his stead . assyria , cyprus , lombardy , naples , venice . i could now acquaint you with many such like passages and stories in the kingdomes of assyria ; as how effeminate * sardanapalus , for his vices and mis-government was deprived by his subjects , burned in his palace , and arbactus made king in his stead . in the kingdom of * cyprus , where king peter murthering his brother and those of geneva , was soon after taken prisoner and made a tributary prince . king iohn governed by helena his wife , and she by his nurse , which made the people weary of the government , had a regent by consent of the nobles ( ioba of portugall , whom they married to his daughter carlota ) set over him and the realm and all the royall power soon after put into his hands , who being soon poysoned by helena , lewes sonne to the duke of savoy was sent for and crowned king by generall assent , and john and iames his sons put by . * clephus the second king of lombardy was so cruell , that after his death they would have no more kings , but chose thirty dukes to governe them , who continued this government eleven yeeres . desiderius the last king of lombardy was taken prisoner with all his children in pavia by charles the great , and so that kingdome ceased , anno . * tancred the fourth king of naples was deposed by pope celestine the third with his peoples consent . momfrey bastard poysoning conrade the seventh king of naples , and usurping the crown , was deposed by charles earle of aniou , who enjoyed the crowne till aragon seased on the realme . jone queene of naples married andrew second sonne to charles king of hungary , whom she hanged at her window for insufficiency ; after marrying iames of tarragou , she beheaded him for lying with another woman , and was at last driven out of her kingdome by lewes of hungary , and hanged at the same window where she hanged her first husband . * peter duke of venice was for his tyranny and misgovernment besieged in his palace by the people , which they fired , and then taking him his wife and sonne , dragged them unto the butchery , where they chopped them in pieces and threw him to the dogs to be devoured , notwithstanding all their submissions and intreaties on their knees , anno . so duke falier , and many other dukes , have beene condemned to death and executed by the states of venice , and that justly as * bodine grants . multitudes of such like presidents occur , in most other dukedoms and principalities , which i will not name , because they want the title of kings , though * aquinas truly holds , that a kingdome is so called from ruling ; therefore he who hath others under his government , is said to have a kingdome ; in reality , though not in propriety of speech ; and so are kings in verity , though not in title . i might adde to these many more examples , manifesting what miseries and untimely deaths tyrannicall kings and princes have undergone in all ages and states , being commonly deposed , poysoned , murthered ; but i shall for brevity passe over these examples , remitting the readers to * aristotle , * aelian , and doctor beard , his theatre of gods judgements , and come nearer home to scotland , as having nearest relation to england , scotland . what soveraigne power and jurisdiction the realme , parliaments and nobles of scotland have claimed and exercised over their kings , ( who , saith buchanan , can neither make laws , warre , peace , nor conclude of any great affairs of the realm without a parliament , which hath there , and in hungary , poland , denmarke , swethland been oft-times summoned , not onely without , but against their kings consents ; ) and how frequently they have questioned , imprisoned , censured , deposed , yea judicially sentenced their kings for their tyrannies , oppressions , whoredoms , murders , 〈◊〉 ▪ and evill administrations , you may reade at large in george bucanan ( king james his owne tutor ) in his booke , de iure regni apud scotos , and his * rerum scoticarum historia . where this their soveraigne power i● so largely vindicated , debated , demonstrated , and the chiefe objections against it cleared so abundantly , that i shall not adde one syllable to it , but present you with some historicall examples which confirme it . * fergusius the first king of scotland dying , and leaving two sons infants , unable to governe the realme ; the scots thereupon considering what dangers might befall them both at home and abroad , during their infancy ; at last concluded after much debate ; and setled this for a standing law ; that when any king died leaving his son under age and unfit to governe , the next of their kinred , who should be esteemed fittest to raigne , should enjoy the soveraigne power ; and that he being dead , then the succession of the crowne should returne to the children of the deceased king , being of age to rule ; which law continued constantly for many hundred yeeres , untill the reigne of kenreth the third . by this law feritharis brother to fergusius abtained the crowne and reigned fifteene yeeres with much justice and modesty ; after which his nephew ferleg desiring to raigne , demanded his fathers kingdome of his uncle , who being willing to resigne it to him , called an assembly of the estates , made an oration in praise of ferleg profered to resigne the crowne unto him . but such was all the assemblies love to feritharis and hatred to ferleg for this his preposterous affectation of the crowne , that they detested the act , and denied the motion both with frownes and verball reprehentions : whereupon ferleg conspired his uncles death , which being discovered , they thought him worthy of death ; but for fergusius his fathers sake , his life was spared , and he onely imprisoned ; after which making an escape he fled first to the picts , then to the britous , and in the meane time feritharis dying , by the treachery of ferleg as was suspected , ferleg by the unanimus sentence of all was condemned and put from his crowne , being absent , and his brother mainus created king. h dornadilla the fourth king of scotland dying , leaving reuther his sonne under age and unfit to raigne , the people made notatus his brother king ; who playing the tyrant , banishing , murthering , and oppressing the people , donald of galloway raised an army against him , expostulated with him for his tyranny , and wished him to resigne the crown to reuther ; which he refusing to do , and justifying his tyranny ; hereupon donald gave him battell , slew him , and made reuther king without the peoples suffrages : upon which the nobles being offended , ( because the power of the parliament was by this meanes abolished , and the election of the supreame magistrate made onely by one man , ) tooke up armes both against ruther and donald , gave them battell twice in one day , and t●oke ruther their new king prisoner : who afterwards dying and leaving there his sonne an infant , scarce ten yeeres old , they , according to the law formerly made and received in this case , made his unkle ruther king ; who after seventeene yeeres reigne voluntarily resigned his crowne to his nephew there ▪ in whose commendation he made an oration , the people hardly permitting it . there soone after growing very vitious and flagitious , slaying the nobles , and filling the realme with robberies , the governours pittying the deplo●able state of the realme , resolved to punish him for it ; of which he being informed , fled to the brittains , where he spent his daies in contempt and ignominy , not daring to returne ; conan a prudent and discreet man , being elected viceroy in the meane time , which office he held almost twelve yeeres till the death of there . in the reigne of finnan the tenth king of scotland , that the roots of tyranny might be cut off , it was decreed , that kings should command nothing of greater moment to be d●re , but by the authority of the publique councell . durstus the eleventh king giving himselfe to all deboistnesse , first banished his fathers friends from him as the troublesome reprehenders of his pleasures ; and sending for the most vitious young men to be his familiar companions , gave himselfe wholly to luxury and venery . he prostituted his wife , ( daughter to the king of britains ) to his companions , and then banished her . at last the nobles conspiring against him , he awaking as it were out cut of sleepe , considering that he should finde no place of safety , neither at home nor abroad , being equally hated of strangers and subjects , thought best to counterfeit repentance of his former life , for so he might retaine both his crowne , and in time inflict punishments on his enemies . wherefore recalling his wife from exile , he first of all endeavoured to reconcile himselfe to the britains : then calling the chiefest of his subjects to him , he ratified with a most solemne oath the oblivion of his former courses ; he committed every most wicked person to prison , as if he reserved them for punishment , and religiously promised , that he would doe nothing hereafter , but by the advice of his nobles . when by these things he had given assurance of his sincere mind , he celebrated the agreement with pastimes , banquets , and other signes of publique gladnesse : and now all mens minds being taken up with joy , he called most of the nobility to a supper ; where , when he had shut them up ( improvident and unarmed ) in one roome , sending in his assasinates , he slew them every one . this calamity not so much terrifying as exasperating the minds of the rest with new flames of anger , they gathered a great army together , all men conspiring to take away this detested monster ; whom they slew in battell , together with his wicked confederates . after whose slaughter , the nobles putting by durstus sonnes , lest they should imitate their fathers vices , elected his brother even king with unanimous consent ; who hating durstus his tyranny had voluntarily banished himselfe among the picts . even dying , leaving a bastard sonne called gillo , he procured himselfe to be elected viceroy till a new king should be chosen , and got the kingdome confirmed to him ; but yet not deeming himselfe secure as long as any of durstus his family remained , he treacherously slew durstus his two eldest sonnes , with all his kindred and familiars : with which the nobles being much discontented , and fearing worser things , privily raised an army against him ; who finding himself generally deserted but by a few flagicious persons , who feared punishment , he was forced to flie in a fisherboat into ireland : whereupon the scots created cadvallus their vice-roy , and after that created even their king , who conquering gillo in ireland , he was forced to fly into a cave , where he was taken and his head cut off . * king even the third , not content with an hundred concubines of the nobility , made a law , that it should be lawfull for every one to marry as many wives as he could keepe ; and that the king should have the mayden-head of noble women , and the nobles of the plebeans before they were married ; and that the common peoples wives should be common for the nobles . besides , luxury , cruelty and avarice were the companions of this his flagitious life ; he murthering the rich to get their wealth , and favouring t●eeves to sh●e in their robberies : whereupon the nobles and people conspiring against him and taking up armes , he discerned how unfaithfull the society of ill men is ; for being deserted by his party as soone as the battell began , he came alive into his enemies hands , and was committed to pe●petuall prison , his life being spared by the intercession of cadalan , who was made vice-roy in his stead ; but soone after he was strangled in the prison by one whom he had formerly injured . king corbreds sonne being within age at his death , the assembly of the states made dardan king , who within three yeeres space rushing into all kind of vices , bannished all prudent and honest men out of his court , kept none but flatterers about him , slew cardorus , and divers others vertuous men who advertised him of his faults ; and to take away the feate of succession , plotted the death of corbred , galdus , and others : whereupon the nobles and people by unanimous consent rose up against him , slew his evill instruments , routed his forces , tooke him prisoner , whilst he was about to murder himselfe , cut off his head ( which they carried about for a laughing-stocke ) and threw his corps into a jakes , after he had raigned foure yeeres . luctacke the king of scots , giving himselfe wholly to wine and harlots , sparing the chastity of none though never so neere allied to him , nor their husbands never so great , deflowring his owne sisters , aunts , daughters , joyning inhumane cruelty and insatiable avarice to his lust , and depraving the youth of the country corrupted by his example , when as no man durst resist him ; was at last convented before an assembly of the chiefe men ; where being more freely reprehended for those crimes , he commanded the chiefe of them to be drawne away to punishment , as seditious , calling them old doting fooles . whereupon the people assembling together , slew both him and the instruments of his wickednesses , when he had scarce reigned three yeeres space . mogaldus was elected king in his place , who carefully reforming all the abuses and corruptions of luctack in the beginning of his reigne ; yet fell at last unto them in his old age , and grew so odious by his vices , to the nobles and common people , that they weary of him , rose up against him ; he being unable to resist them , wandred up & down with one or two companions , in secret places , seeking to escape by flight ; but was at last taken and slaine . conarus his sonne and successor giving himselfe to all manner of luxurie , and lust , brought the realme in short time to great penury ; giving lands and riches to most vile and naughty persons , because they favoured his corrupt living , and invented new exactions upon his people . whereupon summoning a parliament , he demanded a tribute of them to support his state and court in honour ; who taking time to deliberate , and understanding at last , that this his hunting after money proceeded not from his nobles , but from the inventions of courtflatters , they resolved to commit the king to ward , as unfit to governe , untill he renouncing the crowne , they should elect another king. whereupon the next day , he who was first demanded his opinion , declaimed sharply against the kings former life , his bauds and companions , as unprofitable in warre , troublesome in peace , full of shame and disgrace : shewed , that the kings revenues were sufficient to maintain him if he lived within compasse ; that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the publique patrimony ; and that the king in the meane time should be committed to custody , as unfit to rule , till they elected another , who might teach others by his example to live sparingly and hardly , after their countrey custome , and might transmit the discipline received from their ancestors to posterity . with which free speech he growing very angry , instead of pacifying their discontented minds , inflamed them more with his cruell threatnings ; whereupon the king being laid h●nds on by those who stood next him was s●ut up in a hall with a few attendants : his courtiers , the authors of ill counsell were presently brought to punishment , and a●g●●us a nobleman made vice-roy till the people should meet to elect a new king ; after which c●na●● spent with griefe and sicknesse , died in prison . king eth●d●us his sonne being an infant ●i brother tetra●ell was chosen king , who murthering his nephew , cutting off divers of the nobles , and spo●ling the common people , to establish the kingdome in himselfe , he grew so edicus and so much d●minished his authority in a short time , that he stirred up divers seditions ; which he not daring to goe abroad to suppress● , b●ing generally hated , was at last strangled by his own fellowers in the night , in his own house . ethedius the . being a stupid man , and of a duller wit then was suitable to the government of so fierce a people , the nobles hereupon assembling together o●t of their respect to the family of fergusius , would not wholy deprive him of the name of a king , though he were slothfull being guilty of no crime , but assigned him governours to execute justice in every county : at last he was slain in a tumult of his familiars . king athirco his sonne degenerating from his former vertues , and growing extreamely covetous , angry , luxurious , sloathfull , and leaving the company of all good men , was not ashamed to goe openly in the sight of the people playing upon a flute , and rejoycing more to be a fi●ler , then a prince ; whereby he became very odious to the people : at last ravishing the daughters of nathalocus a noble man , and then whipping and prostituting them to his lewd companions lusts ; thereupon the nobles rising up in armes against him , when he had in vain endeavoured to defend himself by force , being generally deserted by his own people , who hated him for his wickednesse , he murthered himself , and his brother donus was enforced to flie with his little ones to the picts to save his life . nathalicke succeeded in his realme , governing it ill by indigent ordinary persons , who would attempt any wickednesse , and treacherously strangling divers of the nobility , who were opposites to him , in the prison to which he committed them , to establish his kingdome ; thereupon their friends with others , being more enraged against him , raised an army to suppresse him ; which whiles he endeavoured to resist he was slain by one of his own servants , or as some say , by a sorceresse with whom he consulted to know his end . king findocke being treacherously slain through the conspiracy of carantius his second brother , donald his third brother was elected king. donald of the isles , usurping the realme by violence , so farre oppressed the people by ill officers and discords raised amongst them , that he durst seldome stirre abroad ; he never laughed but when he heard of the discord and slaughter of his nobles : for which he was at last surprised and slaine by crathilinthus , who was unanimously elected king , and slew all th●s tyrants children . after the death of fircormarch there were great divisions and warres for the crowne between romach and angusian , two brethren ; romach at last conquering his brother and chasing him into ireland , gained the crown rather by force , then love of the people ; which to preserve , he shewed himselfe very cruell to the adverse party , reduced capitall causes to his owne arbitrement , and putting many to death , strucke a generall feare in all good men : upon this he grew so generally odious to all estates , that they conspired against , and suppressed him before he could collect his forces ; and cutting off his head , carried it about 〈◊〉 poll , as a joyfull spectacle to the people . k constantine the first , of scotland , as soone as he obtained the crowne , loosed the reines to all vices : he was cruell and covetous towards his nobles , kept company with men of the basest ranke ; gave himselfe onely to the rapes of maides , matrons , and immoderate feasts , having fidlers , stage-players , and ministers of all sorts of pleasures almost about him : with which vices the nobles of scotland being offended , admonished him of his duty . but he proudly contemning them , wished them to looke after other matters , saying , he had councell enough from others , and that they should lay aside their false hope , that they could reclaime the king by their councell . on the contrary he was of so poore a dejected spirit towards his enemies , that he not onely granted them peace , but remitted them injuries , and restored them castles as soone as they demanded them . which caused the picts and scots to consult together to depose him by force of armes ; from which douglasse disswaded them for the present , by reason of their forraigne wars with the britans and saxons : in the end , he was slaine for ravishing a noblemans daughter in the . yeare of his raigne . king goran was slaine by the people for favouring towers chiefe inquisitor or judge of capitall causes , who much oppressed the people ; his children being young , hugonius succeeded to the crown ; and afterwards his brothers congalus and kumatel , after whom ardan the sonne of king goran reigned . ferquhard the . king of scots a craftie man , desiring to turne the kingdome into a tyrannie , nourished great divisions among the nobles ; but they discovering his malice privily enter into an accord among themselves , and calling a parliament , sommoned him thereunto : who refusing to appeare , keeping within his castle ; they thereupon tooke it by force , and brought him to judgement against his will ; where many and grievous crimes , among others , his cruelty and negligence in the affaires of the common-wealth ; the pelagian heresie , with contempt of baptisme , and the other sacraments , were objected against him ; of none whereof he being able sufficiently to purge himselfe , was cast into prison ; where , out of shame and sorrow , he slew himselfe . ferquhard the second , a man polluted with all kinde of wickednesse , an unsatiable desirer of wine and money , inhumanely cruell towards men , and impious towards god , when he had every where vexed others with cruelty and rapines at last turned his fury against his owne , slaying his owne wife , and ravishing his owne daughters : for which wickednesses he was excommunicated : but the nobles willing to assemble together to punish him , were diswaded by holy bishop colman , who told the king openly , that some devine judgement would shortly seize upon him , which fell out accordingly , for falling into a feaver , and not abstaining from his intemperance , he was eaten up of lice . maldwin . king of scotland was strangled by his queen , for suspition of adultery with an harlot ; for which fact she her selfe was burned dayes after . amberkelethus a vicious wicked king , was slain by one of his own men , with an arrow in the night , when he was marching against the picts ; whereupon , lest the army should be dissolved or left without a generall , eugenius the th was presently chosen king in the tents : who making peace with the picts , his wife being slaine in his bed by two conspirators who sought his life , the king being suspected of this murther was thereupon imprisoned ; but before his triall set at liberty , by the apprehension of the murtherers . king eugenius the th , rushing into all vices , and neither regarding the admonitions of his nobles or clergie , was for his filthy lusts , covetousnesse , and cruelty , slaine in the assembly of his lords by their generall consent , and his companions in wickednesse and villany hanged , which was a gratefull spectacle to the people . fergusius the third succeeded him both in his crowne and vices ; he was a foule drunken glutton , and so outragiously given to harlots , that he neglected his owne wife , and brought her to such poverty , that she was forced to serve other noble women for her living ; wherefore to expiate this disgrace , she murthered him in his bed , and afterwards slew her selfe also . donald the king of scotland , gave himselfe wholy to his pleasures , keeping none but hunters , hawkers , and inventors of new lusts about him , on whom he spent the revenues of the realme , by which he corrupted the youth of the kingdome : which the ancients of the realme discerning , assembled and went to the king , admonishing him of his duty ; which he notwithstanding neglected , till the wars roused him up . which being ended , he returned to his pristine courses ; whereupon the nobles fearing , lest this filthy and sloathfull man , who would neither be amended by the councels of his friends , nor calamities of his people , should lose the remainder of the kingdome which was left , cast him into prison ; where for griefe of his inhibited pleasures , or feare of publike shame , he layd violent hands upon himselfe constantine the second was inhibited by his senators to make war before he had reformed the corrupted youth of the realme by good lawes ; after which he was slaine in battle by the danes . king ethus his brother and successor polluting himselfe with all vices , and drawing all the youth of the country ( prone to wickednesse ) with him , he was the reupon seised on by the nobles ; who making a long oration to the people , wherein they related the wickednesses of his whole life , he was forced to renounce his right in the kingdome , and dyed in prison of griefe , within three days after . gregory being made king in his stead . constantine the third turning monke , malchombe was elected king , who was slaine by the conspiracie of theeves ; whose sonne duffus being an infant , indulfus enjoyed the crowne ; to whom duffus succeeding , was murthered by donald : whereupon a parliament was assembled to chuse a new king , which elected culenus : who at last degenerating into all licentiousnesse , ravished virgins , nunnes , yea his owne sisters and daughters , and set up a kinde of publicke stewes . for which being reprehended by the nobles , he excused part by reason of his youth part by reason of feare , and acknowledgeing his sorrow for the residue , promised a ●endment . but he not reforming upon their admonitions , they departed from court , that they might neither be witnesses nor partakers of his vices : the king freed of their troublesome company gave himselfe wholy to feasting and venery , spending nights and dayes in dishonest sports and pleasures with his dissolute companions ; and to maintaine his luxurie , he pillaged and oppressed his subjects , especially those who were rich ; and by his disorders fell into a grievous sicknesse , which made him a deformed carcasse , fit for nothing but to suffer the penalties of his vitious life , his courtiers and companions spoyling the people every where in the meane time . whereupon the nobles were enforced to summon a parliament at scone , where the king was commanded to be present , that together with the rest he might consult how to provide for the publicke safety in his precipitate state of things : with which sommons being awaked , he began to consult with his companions , what was best to be done for his owne safety in these exigents : being unable to resist or flee , he resolved to goe to the parliament , hoping to finde some mercy there for his good fathers sake , to preserve him from falling into extreame misery ; but in his way thither he was slaine by the thane of the country for his violent ravishment of his daughter ; his death was acceptable to all , because it freed them of such a monster with lesse labour then they expected : and kenneth the third was made king in his place : who poysoning his nephew malcolme , heire to the crown after his decease , to settle on his own posteritie , he caused the lords in parliament to repeale the ancient law wherby the crown discended to the next of kin during the minority of the right heire ; and to enact , that the sonne should from thenceforth inherite the crowne next after his father , through a minor ; that the realme during his minority should be governed by a viceroy elected by the parliament and nobles till he came to yeeres of age ; and after that by a gardian elected by himselfe ; that if the kings eldest sonne dyed having issue , the issue should inherit , before the second brother , &c. after which , the king generally hated for the poysoning of malcolme , was slaine by the practise and command of fenella . he thus cut off constantine surnamed the bald , sonne of culen , pretending the new law concerning the discent of the crowne to be unjust , obtained by force , and contrary both to the publicke liberty and safety ; to wit , that an infant ( commonly governed by a woman ) being unable to governe , or repulse an enemy in times of danger , yea a curse of god upon a realme , and therefore not to be endured or setled by a law , especially in those time of warre , when they had so many enemies ) should be preferred before a kinsman of full age , fit to raigne ; so ambitiously sought the crowne and made so many friends , that he procured himselfe to be proclaimed king at scone ; which malcolme sonne of kenneth ( for whose sake this new law was enacted ) understanding , presently raised all the forces he could , which being conducted by his brother kenneth , constantine and he in the second encounter were both slaine one of another . after whose death grame the sonne of duffus usurping the crowne , when he and malcolme were ready to encounter with their armes , this agreement was made betweene them by forthred a bishop , that grame should retaine the kingdome , and the new law of succession be suspended during his life ; and malcolme succeede him after his death . after which grame giving himselfe to all dissolutenesse , covetousnesse and oppression , and warring upon those nobles and councellors , who advised him to reforme his evill courses , with greater cruelty than any forraigne enemie , destroying both men townes , cattle , fields , and making all a common prey ; hereupon they called in malcolme out of northumberland to assist them , who encountring grame , on ascention day , tooke him prisoner , being deserted of his people , wounded in the head , and then put out his eyes ; who soone after dying of sorrow and his wounds ; malcholme thereupon summoned a parliament at scone , and would not take the crown till the law concerning the succession made in his fathers raigne , was ratified by all their consents : against which law buchanan exceedingly inveighs in the beginning of his seventh booke , as the occasion and increase of all those mischiefes both to king and kingdome , which it was purposely made to prevent . this malcolme , after he had raigned long victoriously with much honour , in his declining age , growing very covetous , tooke away the lands he had formerly given to his nobles for their good service in the wars , and punished divers of the wealthiest men so severely , that he brought many of them to death , others to extreame poverty ; which injuries lost him all his love , honour , and so farre exasperated the people , that partly out of revenge , partly to prevent further oppressions and to provide for their owne securitie , corrupting his servants with money , they sent their agents into his chamber in the night , and slew him . not to mention the murther of king m duncan by machbed , who usurped his crowne through his pusillanimity ; this machbed , omitting no kind of libidinousnesse , cruelty , and tyrannizing over the people for yeares space together , trusting to the predictions of certaine wisards , that he should neven be overcome till bernane wood did come to dunsinane castle , and that he should never be slaine by any man borne of a woman . at last mackduffe governour of fiffe joyning himselfe to some few patriots who had escaped this tyrants sword , met at bernane wood , and early in the morning every man bearing a bough in his hand , the better to keepe them from discovery , tooke dunsinane castle by scalado : whence machbed escaping was pursued , overtaken , and urged to fight bp mackduffe , to whom the tyrant replyed in scorne , that in vaine hee attempted his death , for it was his destinie never to be slaine by any man borne of a woman : now then said mackduffe , is thy fatall houre come , for i never was borne of a woman , but violently cut out of my mothers wombe , she dying before i was borne ; which words so daunted the tyrant , though otherwise valiant , that he was easily slaine , and malcolme conmer the true heire of the crowne , seated in the throne . king donald being odious and cruell to his subjects , they sent for duncan malcombes bastard , who expelled him the realme , and was created king in his steed ; who proving harsh , cruell , and imperious to his subjects , fell into their hatred , and was beheaded in the night by marpender earle of murry , corrupted with money by donald to murther him . donald permitting the isles to be taken and possessed by magnus king of norway , and suffering his realme to be wasted by a secret agreement ; thereupon the scots sent for edgar malcombes sonne , to take possession of the crowne , who entring into scotland with small forces , donald being deserted by his people , betooke himselfe to flight , but being apprehended and brought backe to edgar , he was cast into prison , and not long after dyed . king malcolme the fourth , at a parliament at yorke parting with divers of his crowne-lands to king henry without his peoples consents so farre incurred their hatred , that upon his returne they beseiged him at barwick , and almost tooke him prisoner , but by the mediation of some of his councell , who informed the nobles , that the king was by violence & fraud circumvented by the king of england , of the ancient patrimony of the crowne land , they resolved to recover it by war : the scottish nobility affirming , that the king had not any power to diminish or part with any lands appertaining to the crown without all their consents in parliament . this king after some encounters making a peace with the english upon unequall termes , wherein he parted with some of his ancient territories , out of his pusilanimity , against his nobles consent ▪ hereupon he grew so odious and contemptible to them , that they were all weary of his government , and caused many to take up armes and rebell against him . n after the death of king alexander the third there was a parliament summoned at scone to consult about the creating of a new king ; and the government of the realme , during the inter-regnum ; where first of all they appointed fix men to rule the realme for the present , and then heard and discussed the severall titles pretended to the crowne , the finall determination whereof , they referred to king edward the first of england as to the supreame soveraigne lord of the realme : who selecting . scottish , and . english councellors to assist him ; after full hearing , by generall consent of all , adjudged the crown to iohn baylioll , husband to king alexanders nightest kinswoman : the scots considering his simplicity and unaptnes to governe them , and scarce confiding in him being an englishman , and elected by the k. of england , cōstituted them . peers , after the manner of france , to wit , . bishops , . earles , and . lords , by whose advise the king and all the affaires of the realme , were to be governed and directed : he was taken and kept prisoner by the english . a after the death of robert bruce , the scots before their king was crowned , created a vice-roy to govern the realme , who suppressed the theeues , and robbers : edward bayliol sonne to iohn bayliol succeding bruce , was afterwards rejected and deposed by the scots , for adhereing too closely to the english & k. edward , and david bruce elected k. in his place . robert the d. of scotland when a peace was propounded between france , england , and scotland by the pope , willingly consented thereunto , but his nobles being against it , his assent alone was in vaine ; because the king of scotland alone , can make no firme peace nor truce , nor promise which shall bind , but by publike consent in parliament . king robert the d. dying of griefe , for the captivity and imprisonment of his son iames , taken prisoner by our king henry the th . as he was going into france , the scots hereupon appointed robert his uncle , by common consent , for their vice-roy , till iames the ( first of that name ) right heire of the cowne , were enlarged . iames being freed and crowned , summoned a parliament , wherein an ayde was granted him to pay his ransome , with much difficulty : he had many civill wars with his subjects , and at last was murthered by robert grame and his confederats , from whom he received . wounds in his chamber in the night , wherof he presently died . iames the . his son , being but . yeares old at his death , alexander leviston was chosen protector , and william crichton made chancellor by parliament ; which the earle douglas storming at , committed many insolencies in a hostile manner . after which , alexander and his faction opposing the chancellor , and commanding that none should obey him , the chancellor thereupon fortified edenborough castle , and as the king was hunting early in the morning seized upon him with a troop of horse , & brought him to edinburgh castle , where he detained him from the protector till the peace of the kingdom , and present divisions should be setled : which lasting very long by reason of earle douglas his ambition , power , and covetousnes , who raised many grievous civill wars , he was at last stabbed to death by the king himselfe , anno . contrary to his promise of safe conduct to the court , under the kings and nobles hands and seales : wherupon his brethren and confederats , meeting at sterling , resolved to revenge his death , and tied the kings and nobles writing of safe conduct to an horses taile , which they led through the streets of sterling , railing at the king and his councell as they went , and when they came into the market place ( where they had . trumpets sounding ) they by an herald , proclaimed the king and all that were with him , fedifragus , perjured , and enemis of all good men : and then spoiled and burned the towne , co●ntry , with all places else that were firme to the king ; betweene whom and the kings party , a bloody civill warre ( to the spoyle of the countrey ) continued above two yeares space with various successe ; till at last with much difficulty this fire was extinguished and the king casually slaine with the breaking of a cannon : whose sonne james the . being but . yeeres old , was proclaimed king in the campe , and the queen mother made regent , till a parliament might be called to settle the government ; but when the parliament assembled , upon the b oration of kenneth archbishop of saint andrewes shewing the inconveniences and unfitnesse of a womans government , they elected . regents to governe the king and realme during his minority . after which bodius was made vice-roy : this king being seduced by ill courtiers and councellors which corrupted him , thereupon divers of the nobles assembling together , resolved to goe to the court , to demand these ill councellors and seducers of the king and then to execute them ; which they did accordingly , and that with such fury , that when they wanted cords to hang some of them , they made use of their horses bridles , and every one strave who should be forwardest to doe this execution . the king promising reformation , was dismissed ; but in steed of reforming he meditated nothing but revenge , blood and slaughter in his minde ; and plotting secretly to murther the nobles in edenburg , by the helpe of earle duglasse ; he detesting the fact and revealing the treachery , thereupon the nobles who formerly desired onely his reformation , tooke up armes to destroy him , as one incorrigible and implacable ; whereupon they made the kings sonne vice-roy , and knowing the kings perfidiousnesse , would yeeld to no termes of peace , unlesse he would resigne up his crown to his son : which he refusing , thereupon they gave him battle and slew him , as a common enemie . after which calling a parliament , they created his son iames the fourth king ; who comming under the power of the duglasses , rescued himselfe at last from them : and invading england , anno. when he proclaimed oliver sincleer his favorite , generall , the scottish nobility tooke it in such indignation , that they threw downe their weapons and suffered themselves to be taken prisoners ; whereupon the king growing sicke with griefe and anger , soone after dyed . c anno. . mary the daughter of king iames the sixth of scotland , and heire to the crowne , being within age , her mother queene mary , by common consent was made regent , and shee by common consent and councell of the nobles , married to francis dolphine of france . in the meane time there hapning some troubles and warres about the reformed religion , which many of the nobles and people there contented for ; the queene mother , granting those of the religion , a confirmation of their liberties and religion by way of truce for moneths , she in the meane time sends for souldiers out of france , wherewith she endeavoured to suppresse religion , with the remaining liberty of the scots , and to subject them to the french. whereupon the nobles of scotland who stood for the defence of their religion and liberties , by a common decree in parliament , deprived the queene mother of her regencie , make a league with our queene elizabeth , being of the reformed religion , and receiving ayde both of men and money from her , besieged the queene mother in edenburgh castle , where she dyed of griefe and sicknesse . after which they expelled the french , and procured free exercise of the reformed religion . in the meane time francis dying , the queene sends for henry steward out of england , where he and his father had beene exiles ; marries and proclaimes him king , iuly . . which done , she excluded the nobility from her councells , and was wholly advised by david ritzius , a subaudian , whom she brought with her out of france , and did all things by his councell ; wherewith the nobles being much discontented , finding him supping with the queene in a little chamber , commanded him to rise out of the place , which did little become him , and drawing him out of the chamber , stabbed him to death , anno. . the queene soone after was delivered of a sonne and heire , iames the . and then admits iames hepburne earle of bothwell into most intimate familiarity with her , setting him over all affaires of the realm , granting nothing to any petitioner almost but by him ; and her husband steward being dead , ( whether of a naturall death or poyson is yet in controversie ) she married bothwell openly , without the lords and parliaments consents . hereupon the nobles tooke up armes against bothwel and the queen , besieged the queen till she rendred her selfe prisoner , upon this condition ; that she should adjure and resigne her interest in the crowne and kingdome to her infant sonne ; which they compelled her to performe , and appointed iames earle of morton vice-roy , and protector during the kings minority . in the meane time the queene was committed prisoner to the castle of the isle of the lake leuine ; where corrupting duglasse her keeper , the earle of mortons nephew , and a shipmaster , she escaped to the hamiltons in safety , who having raised forces to free her , waited her comming on the shoare : but the vice-roy scattering these forces soone after , the queene thereupon fled into england . anno. . where queene elizabeth taking her expulsion ill , laboured that she might be restored to the crowne , which could not be effected , but by armes ; or mediation ; and neither of them without knowledge of the cause . whereupon the queene sent for the vice-roy and councell of scotland into england , to answere the complaints of their queene against them ; which they did in a writing , ( composed by buchanan , and afterwards printed both in latine and english , ) wherein they shewed the grounds and order of their proceedings against their queene ; wherewith the queene and councell were satisfied , that they had proceeded rightly and orderly : yet to keepe both sides in suspence , she pronounced no definitive sentence : the vice-roy departing into scotland , was afterwards murthered by the hamiltons , and matthew steward earle of leseux made vice-roy in his steed . the queene in the interim treated with thomas howard duke of northfolke , about a match with him , and to seise upon the realm of scotland , whereupon he was committed to the tower , and she restrained ; after which she was solemnly arraigned and condemned to death by the parliament of england for conspiring queene elizabeths death , &c. and for it beheaded at fotherringham castle . feb. . . the history of which queenes life is more at large related by g buchanan and others ; and her imprisonment and deposition professedly justified as lawfull by his treatise , de iure regni apud scotos ( compiled for that purpose ) to which i shall referre the reader . what the lords and realm of scotland have done within these . yeers last past in defence of their religion lawes , liberties , by holding generall assemblies , parliaments , taking up armes , seising the forts and ammunition of the realm , and marching into england , against the kings consent and proclamations , is so fresh in memory , so fully related in the acts of oblivion and pacification , made in both parliaments of england and scotland , ratified by the king himselfe ; and in particular histories of this subject , that i shall not spend time to recite particulars , but will rather conclude from all the premises with the words of r buchanan ; the ancient custome of our ancestors in punishing their kings , suffers not our forcing of the queene to renounce her right unto the crowne to her sonne , to seeme a novelty ; and the moderation of the punishment , shewes it proceeded not from envie : for so many kings punished with death , bonds , banishment by our ancestors , voluntarily offer themselves in the ancient monuments of histories , that we neede no forraigne examples to confirme our owne act : for the scottish nation , seeing it was free from the beginning , created it selfe kings upon this very law , that the empire being conferred on them by the suffrages of the people , if the matter required it , they might take it away againe by the same suffrages ; of which law many footsteps have remained even to our age : for in the islands which lye round about us , and in many places of the continent , wherein the ancient language and constitutions have continued , this very custome is yet observed in creating governours : likewise the ceremonies which are used in the kings inauguration have also an expresse image of this law ; out of which it easily appeares , that a kingdome is nothing else , but the mutuall stipulation betweene the people and their kings : the same likewise may be most apparently understood out of the inoffensive tenor of the ancient law , preserved from the very beginning of raigning among the scots even unto our age ; when as no man in the meane time hath attempted , not onely not to abrogate this law , but not so much as to shake it , or in any part to diminish it : yea , whereas our ancestors have deprived so many kings as would bee tedious to name , of their realme ; condemned them to banishment , restrained them in prisons , and finally punished them with death , yet there was never any mention made of abating the rigor of the law ; neither perchance undeservedly , since it is not of that kinde of lawes which are obnoxious to the changes of times , but of those ingraven in the mindes of men in the first originall of mankinde , and approved by the mutuall consent well-nigh of all nations , which continue unbroken and sempiternall together with the nature of things , and being subject to the commands of no man ; domineere and rule over all men . this law ( which in every action offers it selfe to our eyes and mindes , and dwels in our brests will we , nill we ) our ancestors following , were alwayes armed against violence , and suppressed the unrulinesse of tyrants . neither is this law proper onely to the scots , but common to all well-ordered nations and people : as the athenians , lacaedemonians , romanes , venetians , germanes , danes : which he there manifests by examples . so that i may hence infallibly determine , the realme , parliament , and nobles of scotland , collectively considered , to be the soveraigne power in that realme , superiour to the kings themselves : from whom i shall proceede to scripture presidents , in the kings and kingdomes of the gentiles , israel , and iudah , recorded in scripture . the kings of the gentiles , israel , and iudah . now least any should object , that all the forecited examples and authorities are but humane , and no convincing evidences to satisfie the conscience , that whole kingdoms , states , and parliaments are above their kings , and of greater power then they , i shall therefore ( to close up this posterne gate of evasion ) conclude with scripture presidents , ratifying this truth beyond all contradiction . to begin with heathen kings and states therein recorded . i read in the sam. . and chro. . . that when david with his men offered to go with achish and the philistines against king saul ( his soveraign ) and the israelites to battell , and passed on in there reward with achish ; the princes of the philistines seeing it , said , what do these hebrews here ? to whom achish answered , is not this david the servant of saul king of israel , which hath been with me these years , and i have found no fault in him since he fell unto me unto this day ? hereupon the princes of the philistines were wroth with him , and taking advice together , said to their king achish , make this fellow returne that he may goe again to his place which thou hast appointed him , and let him not go down with us to battell , lest in the battell he be an adversary to us ; for wherewith should he reconcile himself to his master ? should it not be with the heads of these men ? is not this david , of whom they sang one to another in dances , saying , saul slew his thousands , and david his ten thousands ? then achish called david , and said unto him , surely as the ●ord liveth , thou hast been upright , and thy going out and coming in with me in the host is right in my sight , for i have not found evill in thee since the day of thy coming ; neverthelesse the lords favour thee not ; wherefore now return and go in peace , that thou displease not the lords of the philistines , . and when david replied , what have i done , &c. that i may not fight against the enemies of my lord the king ? achish answered him , i know thou art good in my fight as an angell of god , notwithstanding the princes of the philistines have said , he shall not goe vp with vs to battell ; wherefore rise up early in the morning with thy masters servants that are come with thee , and assoon as ye have light , depart ; whereupon they returned . here we see the lords of the philistines did peremptorily overrule their king against his will , who durst not contradict them ; therefore they had a power superiour to his : as will further appear by sam. . , , , , . and ch . . , to . where when the ark of god was taken by the philistines , the lords and people of the philistines ( not the king ) met , consulted , and ordered , how it should be removed from place to place , and at last sent it back again . so ahasuerus the great persian monarch , was advised , over-ruled by his councell of state , as appeareth by the case of queen vashti , ester . and what his princes thought meet to be done , that he decreed and proclaimed , verse , , , . so artaxerxes king of persia did all things of moment , by the advise of his counsellors and princes , ezra . . and chap. . . great nabuchadnezzar king of babylon , ( dan . , . . chap. . , to . ) was for his pride driven from men , put to eat grasse with oxen for aspace , till he knew that the most high ruleth in the kingdoms of men . after which his understanding and reason returned to him , and the glory of his kingdom , and his councellors and lords sought unto him , and established him in his kingdom , he being over-ruled and counselled afterwards by them . so daniel . darius king of the medes and persians , was over-ruled by his lords and princes , even against his will , to signe a decree , and to cast da●iel into the lyons den for breach of it ; and though the king were sore displeased with himself for signing this decree , and set his heart on daniel , and laboured till the going down of the sun to deliver him ; yet the princes assembling and telling the king , a know o king , that the law of the medes and persians is , that no decree nor statute which the king establisheth , ( by the advice of his nobles ) may be changed , ( to wit , by the king alone , without their advise : a clear evidence , that the greatest persian monarchs were subject to the laws of their kingdoms , as well as other princes ; ) whereupon the king commanded , and they brought daniel and cast him into the den of lyons , and a stone was brought and laid upon the mouth of the den , and the king sealed it with his own signet , and with the signet of the lords , that the pvrpose might not be changed concerning daniel . here this great king was even against his will constrained to be subject both to his laws and lords the like we read of pharaoh king of egypt , exod. . , , , . who consulted with his people how to oppresse the israelites , as being unable to do it without their consents and exod. . pharaohs councellors and lords , ( after sundry plagues on the land ) said unto him , how long shall this man ( moses ) be a snare unto us ? let the men go that they may serve the lord their god ; knowest thou not that egypt is destroyed ? whereupon moses and aaron were brought before pharaoh , who said unto them , go serve the lord your god. and esay . . to . surely the princes of zoan are fool● the counsell of the wise counsellors of pharaoh is become brutish : they have also seduced egypt , even they that are the stay of the tribes thereof . they then had an overruling power above their kings . so the great king of nineveh , ionah . , , . proclaimed and published a generall fast thorowout the city , by the decree of the king , and of his great men , making no publike laws , but by their advice and assents . in like manner we read in the sam. . , , . that the princes of hanun king of the ammonites co●selled and overruled him ( out of overmuch suspition ) to abuse davids messengers sent to him in love . and in the kings . . there was then no king in edom , a deputy was king ; the kingdom appointing a deputy then to rule them in stead of a king , and giving him royall authority : and in the kings . . chron. . . in the dayes of ioram , edom revolted from under the hand of iudah ( which had conquered it ) and made a king over themselves : and though ioram smote the edomites , who encompassed him , yet they revolted from under the hand of iudah till this day : the electing and constituting of a king being in their own power . see gen. . . to . and c. . . to . to like purpose . these being all pagan kings and states , i come to the israelites themselves ; wherein for my more orderly proceeding , and refutation of the many grosse erronious assertions of * court doctors and royallists touching the estate and soveraignty of their kings , whom they would make the world beleeve to be absolute monarchs , subject to no laws , to derive all their royall authority from god alone , and no wayes from the people ; to be meerly hereditary and elective , to be above all their people , irresistible in their tyrannicall wicked proceedings , and no wayes subject to their realms and congregations overruling controll , much lesse to their defensive oppositition or deprivation ; i shall digest the whole history of their kings and kingdoms iurisdictions and power into these ensuing propositions , which i shall clearly make good out of scripture , as i propound them in their order . first , that the originall creation and institution of the israelites kings and kingdoms proceeded onely from the power and authority of the people , and that solely by divine permission , rather then institution : this is most apparent by deuter. . , . when thou art come unto the land which the lord thy god giveth thee , and shalt possesse it and dwell therein , and shalt say , i will set a king over me , like as all the nations that are abovt me ; thov shalt in any wise set him king over thee , whom the lord thy god shall chuse ; one from among thy brethren shalt thov set over thee , thov maist not set a stranger over thee , which is not thy brother . where god himself by way of * prophesie of what afterwards should come to passe , expresly declares , first , that the primary motion of changing the government of the iews from iudges and an aristocracy into a kingdom , should proceed from the peoples inclination , as the words , and shalt say , i will set a king over me , &c. import . secondly , that the authority to change the government into a regality , to creat and make a king , resided in , and the authority of the king proceeded meerly from the people , as the words , i will set a king over me , thou shalt set him over thee ; ( four times recited in two verses ; ) manifest beyond dispute . thirdly , that all nations about them who had kings , had the like power to create and make their kings , as the words , like as all the nations that are about me , witnesse . all which is evi●ently confirmed by iosephus , antiqu. iudaeorum , l. . c. . by carolus sigonius de repub. hebraeorum , l. . c. . bertram , cunaeus , * schikardus , and * divers commentators on this text : the history of the change of their state into a kingdom , and of their iudges into kings , added to this prophesie and precept , will leave no place for any scruple . we read in the sam. . that the people growing weary of samuels government who judged them , by reason of the ill government of his sonnes , who tooke bribes , and perverted judgement ; thereupon all the elders of israel gathered themselves together , and came to samuel unto ramah , and said unto him , behold , thou art old , and thy sons walk not in thy wayes , now make vs a king to ivdge vs like all the nations : but the thing displeased samuel , when they said , give us a king to judge us ; and samuel prayed unto the lord ; and the lord said unto samuel , hearken vnto the voyce of the people in all that they say vnto thee ; for they have not rejected thee , but they have rejected me that i should not reign over them ; according to all the works that they have done since the day that i brought them out of egypt , even unto this day ; wherewith they have forsaken me , and served other gods , so do they also unto thee : now therefore hearken to their voyce ; howbeit , yet protest solemnly unto them , and shew them the manner of the king that shall reign over them . and samuel told all the words of the lord unto the people that asked of him a king ; and he said , this will be ( not ought to be ) the manner of the king that shall reign over you , he will take your sons , and appoint them for himself , &c. and ye shall be his servants : and ye shall crie out in that day because of yovr king which ye shall have chosen yov , and the lord will not hear you in that day . neverthelesse , the people refused to obey the voyce of samuel , and they said , nay , bvt we will have a king over vs , that we also may be like all the nations , and that our king may judge us , and go out before us , and fight our battels . and samuel heard all the words of the people , and rehearsed them in the ears of the lord : and the lord said unto samuel , hearken unto their voyce , and make them a king. after which , when god had appointed saul to be their king , b samuel called the people together unto the lord in mizpeh , and recapitulating the great deliverances god had done for them , added , and ye have this day rejected your god , who himself saved you out of all your adversities and tribulations , and ye have said unto him , nay , bvt set a king over vs , &c. and samuel said unto all the people , see ye him whom the lord hath chosen , that there is none like him among all the people ? and all the people shouted and said , god save the king. after which he c expostulated again with them thus , and when ye saw that nahash king of the children of ammon came against you , ye said unto me , nay , bvt a king shall reign over vs , when the lord was your king ; now therefore behold the king whom ye have chosen , and whom ye have desired , &c. that ye may perceive and see that your wickednesse is great which ye have done in the sight of the lord , in asking yov a king . and all the people said unto samuel , pray for thy servants unto the lord thy god that we die not , for we have added unto all our sins this evill , to ask a king . which compared , with hos . . , . i will be thy king , where is any other that may save thee in all thy cities ? and thy iudges of whom thou saidst , give me a king and princes ? i gave thee a king in mine anger , and tooke him away in my wrath : with acts . . and afterward they desired a king , and god gave them saul the son of cis , by the space of forty years . all these concurring sacred texts will infallibly demonstrate , that this change of the iudges into kings , and the originall creation of their kings and kingdoms proceeded only from the importunity and authority of the people , who would not be gainsaid herein , not from gods institution , or samuels approbation , who censured and disavowed this their motion , though they at last condescended to it ; all which is elegantly related , confirmed by iosephus , antiqu. iudaeorum , l. . c. , , , . by all this it is apparent , that the congregation and people of the iews had the soveraign power in themselves , as well as other nations , because the authoritie to alter the whole frame of their former aristocraticall government into a monarchy , resided in them , though they were taxed forchanging it in samuels dayes , who had so justly , so uprightly judged them . secondly , it is apparent , that the iudges and kings of the israelites were not properly hereditary , but oft elective by the people : and though god did sometimes immediately nominate the persons of those that should reign over them , as is apparent by saul , david , ieroboam , iohn , others ; yet the people did constantly confirm , make them kings , and gave them their royall authority , none being made kings by divine appointment , but such as they willingly accepted , approved , confirmed for their kings ; gods previous designation being but a preparative to their voluntary free ( not restrained or limited ) election . the first king among the israelites ( though but over part of them ) was abimelech the son of ierubbaal , who was made king by the peoples election , iudges , . , to . who having perswaded those of sechem to elect him for their king , thereupon all the men of sechem gathered together , and all the hovse of millo went and made abimelech king : whence iotham thus upbraided them and him , verse . to : then said all the trees unto the bramble , come thou and reign over us : and the bramble said unto the trees , if in truth ye annoint me king over you , then come and put your trust in my shadow , &c. now therefore if ye have done truly and sincerely in that ye have made abimelech king , &c and that ye have risen up against my fathers house this day , and have made abimelech king , &c. we read iudg. . , . that after gideon had slain zebah and zalmunna , with the midianites , the men of israel said unto gideon , rule thou over us , both thou and thy sons , and thy sons son also , for thou hast delivered us from the hand of midiar . and gideon said unto them , i will not rule over you , neither shall my son rule over you , the lord shall rule over you . where we clearly see , the power and right to elect a ruler , and to limit the government to him and his issue , for three generations only , to reside in the peoples free election . so iudges . , . and chap. . . to . when the children of ammon were gathered together and encamped against gilead , the people and princes of gilead said one to another , what man is he that will begin to fight against the children of ammon , he shall be head over all the inhabitants of gilead . and the elders of gilead went to fetch iephthah out of the land of tob , and said unto him , come and be our captain that we may fight with the children of ammon , and be our head over all the inhabitants of gilead : vpon promise of which dignitie , he went with them to gilead ; and the people made him head and captain over them . that the election and making of their kings belonged of right to all the people , is past dispute , being so resolved by god himself , deuter. . , . when thou art come into the land , &c. and shalt say , i will set a king over me , like as all the nations that are about me , thov shalt in any wise set him king over thee whom the lord thy god shall choose ; one from among thy brethren shalt thov set over thee , thov maist not set a stranger over thee : where the power of creating and electing the king , is left wholly to the peoples free choice , with these generall restrictions , that he should be one of their brethren , not a stranger , and particularly qualified as is there expressed . and though god did sometime design and nominate their kings , yet he left the power of approbation and ratification of them free to the people , as is apparent by sa. . . and ye shall crie in that day , because of the king which ye shall have chosen you . hence saul their first king , though nominated and designed by god and samuel , was yet approved , confirmed and made king by the people . who shouted and said , god save the king , when samuel presented him to them ; sam. . . d but the children of belial despising and bringing him no presents , verse . after saul had conquered the ammonites , who besieged iabesh gilead ; the people said unto samuel , who is he that said , shall saul reign over us ? bring the men that we may put them to death . then saul said , there shall not a man be put to death this day ; for this day the lord hath wrought salvation in israel . then said samuel to the people , come let us go to gilgal , and renew the kingdom there . and all the people went to gilgal , and there they made savl king before the lord in gilgal : where samuel useth this speech to the people , concerning saul , e now therefore behold the king whom ye have chosen , and whom ye have desired , the lord hath set a king over you : ( so that the choice and election of him , was as well theirs as gods : ) and verse . he calls him your king , because chosen and made by , as well as for the people . saul being slain by his owne hands , the crown descended not to his sonne by way of descent , but david succeeded him by gods designation , and the peoples election too ; by whose authority he was made and crowned king , being formerly * annointed by samuel to succeed saul . this is irre●ragable by the sam. . . where david going up to hebron by gods direction , the men of iudah came , and there they annointed david king over the house of iudah . after which samuel . . . . all the tribes of israel came to david to hebron , and spake saying , behold we are thy bone and thy flesh . also in time past , when saul was king over us , thou wast he that leddest out and broughtest in israel ; and the lord said to thee : thou shalt feed my people israel , and thou shalt be a captain over israel . so al the elders of israel came to the king at hebron , and king david made a league ( or covenant ) with them before the lord ; and they annointed david king over israel . and in the chron. . . to . wee have a particular recitall of the numbers of the bands that were ready armed to the warre , and came to david to hebron to tvrn the kingdome of saul to him ; and came with a perfect heart to hebron to make david king over all israel ; and all the rest also of israel were of one heart to make david king : whose title to the crown being afterward shaken by his sonne absalom , who cunningly usurped it , ( and that by the election of the people too ; as is evident by hushai his speech unto him , sam. . . nay , but whom the lord , and this people , and all the men of israel choose , his will i be , and with him i will abide , compared with . sam. . , . and all the people were at strife thorow all the tribes of israel , saying ; absalom whom we anointed over vs is dead , &c. a cleare evidence the kingdome was then held elective , and that the people had the soveraign power of electing and creating their kings ; ) f all the people throughout all the tribes of israel and the men of iudah , to re-establish david in his throne , being fled out of the land , sent this message to him ; returne thou and all thy servants : whereupon the king returned , and all the tribes went as farre as iordan to meet and bring him back again to gilgal . david growing old , his son g adonijah , against his consent , accompanied with some great officers and courtiers of his party , usurped the crown , and was by them saluted king ; but david hearing of it , by gods election and choise , commanded solomon ( though not his eldest sonne ) to be annointed and proclaimed king , and to sit upon his throne in his life time : as soon as he was anointed and the trumpet blew ; all the people said , h god save king solomon . and all the people came up after him , and piped with fluits , and rejoyced with great joy , so that the earth rent with the sound of them ; so that all adonijah his company forthwith deserted him , and he and ioab were glad to flee to the hornes of the altar for shelter . after which , david assembled all the princes of israel , the princes of the tribes , the captaines of companies , thousands and hundreds , the stewards , officers , and mighty men , with all the valiant men of his kingdome , to ierusalem ; then he declared to all the congregation , i that god had chosen solomon to sit upon the throne of the kingdome of the lord over israel , and to build him an house , &c. exhorting them to contribute liberally towards this building , which they did ; and when they had blessed the lord , and offered sacrifices to him all the congregation made solomon the sonne of david king the second time , and anointed him unto the lord , k to be the chiefe governovr ( his first coronation being but private without the presence and consent of the whole realme , but of those only then present in ierusalem : ) then solomon sate on the throne of the lord , as king , instead of david his father , and all israel obeyed him ; and all the princes , and mighty men , and likewise all the sonnes of david submitted themselves to him as th●●r king : after he was thus generally elected and crowned king the . time by all the congregation . and after davids death , he was l established and strengthened in his kingdome by the peoples voluntary admission and free submission to him . from which history of solomon it is cleare . . that though david caused solomon to be first crowned king privately to prevent adonijah his usurpation ; yet hee thought that title not sufficient without a second election , admission , and coronation of him by all the people and generall congregation . . that till this his second inauguration by all the people , he was not generally acknowledged , nor obeyed by all as their lawfull king . . that gods and davids designation of solomon to the crown , did not take away the peoples liberty , right and power , freely to nominate , make , and choose their kings ; their preuious designation being thus accompanied with this tacit condition , that the people likewise should freely elect , constitute , and crown him for their king , else what need of this their subsequent concurrent acceptance and second coronation of him for their king , by all the congregation , if their consents and suffrages were not necessary ? or how could he have raigned over them as their lawfull king , had not the people generally chosen , accepted , admitted him for their soveraigne ? solomon deceasing , m rehoboam his eldest sonne went up to sechem : ( what to doe ? not to claime the crown by discent from his father , but by election from the people , as the following history manifests ; ) for all israel were come to sechem to make him king : if to make him king , then he was no king before they had made him , as many divines most sottishly averre against the very letter of the text n and iosephus ; ( who writes , that it pleased the assembly of the israelites there held , that hee should receive the kingdom by the peoples consent . ) and ieroboam and all the congregation of israel came and spake unto rehoboam , saying , thy father made our yoake grievous : now therefore make thou the grievous service of thy father , and his heavy yoake which he put upon us lighter , and we will serve thee : ( because naturally subjects delight in mild kings , who will somwhat descend from their altitudes , saith n iosephus . ) this was the condition they propounded to him before they would accept him for their king , and upon this condition only would they admit him to reigne over them ; therefore doubtlesse the disposall of the crown and limitation of the kings royall power resided in all the congregation , who had authority to prescribe their kings what equall and just conditions they pleased . and he said unto them , depart yet for three dayes , then come again to me ; and the people departed . hereupon rehoboam consulted with the old men that stood before solomon his father , while he lived , and said , how doe you advise that i may answer this people ? and they spake unto him , saying ; if thou wilt be a servant unto this people this day , and wilt serve them and answer them , and speak good words to them then they will be thy servants for ever ; but he forsooke the counsell of the old men , which they had given him , and consulted with the young men that were grown up with him , and which stood before him , and following their ill advise : when ieroboam and all the people came to rehoboam the third day , as he had appointed ; the king answered the people roughly ; and forsaking the old mens counsell , he spake unto them after the counsell of the young men , saying ; my father made your yoake heavy , and i will adde to your yoake ; my father chastised you with whips , but i will chastise you with scorpions . wherefore the king hearkned not unto the people , for the cause was from the lord , &c. so when all israel saw that the king hearkned not vnto theme the people answered the king ( through indignation with one voyce , writes iosephus , saying ; what portion have we in david ; neither have wee inheritanc ) in the sonne of iesse , ( that is , we have not intailed our subjection nor the inheritance of this our realme to david and his seed for ever , but are still free to elect what king we please ; ) to thy tents o israel . now see to thine house , david : so israel departed to their tent. but as for the children of israel which dwelt in the cities of judah . rehoboam reigned over them : ( the tribes of iudah and beniamin choosing him their king by their common svffrages , writes iosephus . ) then king rehoboam sent adoram who was over the tribute ( to excuse saith iosephus , the petulancy of his young tongue , and to appease the mindes of the enraged vulgar : ) and all israel stoned him with stones that he dyed : therefore king rehoboam ( imagining truly , that himselfe was stoned in his servant , and fearing lest the once conceived hatred should be poured out on his own head , tremblingly getting up into his chariot , as hastily as he could ) made speed to flee to ierusalem . p so israel fell away from the house of david unto this day . and it came to passe when all israel heard that ieroboam was come again , that they sent and called him unto the congregation , and made him king over all israel , &c. ( it being so preordained by god , king. . . to . ) loe here the whole congregation , or parliament of israel , if i may so stile it , had full and free power to reiect rehoboam from the crown , for refusing to subscribe to their conditions ; to elect ieroboam for their lawfull king , and erect a new kingdome of their owne , divided ever after from that of iudah : which action i shall prove anon to be lawfull , warranted by gods owne divine authority , and no sinne , nor rebellion at all in the people ; who never admitted rehoboam for , or submitted to him as their lawfull soveraigne . so iehu having slain king ioram , ahabs eldest sonne , sent a letter to samaria where his other . sonnes were brought up , to the rulers and elders there , wishing them to look out the best and meetest of their masters sonnes , and set him on his fathers throne , and fight for their masters house : but they being exceedingly afraid , said ; two kings could not stand before him , how then shall w● stand ? and sent word to iehu , we are thy servants , and will doe all that thou shalt bid us ; we will not make any king . a clear evidence that the kingdom was then elective , and that they had power to choose the meetest man ( not eldest brother ) for their king . after this , q zimri slaying baasha king of usrael , and usurping the crown , the people then encamped about gibbethon hearing of it , that zimri had conspired and also slain the king ; wherefore all israel made omri captain of the host king over israel that day in the campe , who burnt zimri in his palace : then were the people divided into two parts : halfe of the people followed tibni to make him king , and halfe followed omri : but the people that followed omri prevailed against the people that followed tibni ; so tibni dyed , and omri reigned , being made king onely by the peoples free election , without any divine designation . so r ioash the sonne of ahaziah , when athaliah had usurped the crowne and kingdome of iudah neer seven yeers space , was made king , anointed and crowned by iehoiadah the high priest , the captaines of hundreds , and all the people of the land , ( who rejoyced at it ) when he was but . yeeres old , and athaliah was apprehended , deposed , and murthered by them as an vsurpresse . ſ so amaziah king of iudah being slain by a conspiracie at lachish all the people of ivdah tooke vzziah who was but . yeers old , and made him king instead of his father . t vzziah king of iudah being smitten with leprosie unto the day of his death , dwelt in a severall house , iotham his son ( in the mean time by common consent ) was over this house , judging the people of the land : v ammon king of iudah being slain by his own servants , the people of the land slew all them that had conspired against ammon : and the people of the land made iosiah his sonne king in his stead . and after x iosiah his death , the people of the land took iehoabaz the sonne of iosiah and made him king in his fathers stead in ierusalem . from all which sacred texts and presidents ; as likewise from hosea . . they have set vp kings , but not by mee ; they have made princes , and i knew it not ; it is most apparant , that the kings of israel and iudah , were usually elected by , and derived their royall authority from the people , who made them kings , and received not their kingdomes and crowns immediatly from god himself by a divine right : which may be further conmed by the . macab . . . . . after the death of iudas maccabeus ; all iudas his friends came unto ionathan his brother , and said unto him , since thy brother iudas dyed , we have none like to him to goe forth against our enemies : now therefore wee have chosen thee this day to be ovr prince and captain in his stead , that thou maist fight our battells . vpon this ionathan took the government on him at that time . after ionathans death , the people said unto simon his brother with a lowd voyce , mac. . . . thou shalt be our leader instead of iudas , and ionathan thy brother ; fight thou our battels , and whatsoever thou commandest us , wee will doe . and the iewes and priests were well pleased that simon should be their governour , captain , and high priest ; and simon accepted thereof , mac. . . to hence carolus sigonius de repub. hebraeorum , l. . c. . writes , that the kings of the israelites were created by the suffrages of the people ; that the kingdome of israel was translated to divers families for their idolatry ; that although the kingdome of iudah were in some sort hereditary , yet it was confirmed by the suffrages of the people ( which he proves by the example of rehoboam and others ) and that they obtained the royall dignity not onely by inheritance , but likewise by the suffrages of the people , as every one may clearly know , who shall but consider the histories of their kings ; which plainly refutes the wild , impudent , false assertion of the author of an appeale to thy conscience , newly published , p. . where thus he writes : observable it is , that thorowout the whole scriptures we read not of any king ( i doubt hee never read the scriptures , else he could not be so grossely mistaken ) that was chosen by the voyce of the people : nor of an aristocracy , that is , where the nobles govern , nor of a democracy , that is where the people govern . and therefore let them consider how they can answer it at the last day , who shall endeavour to change an hereditary kingdome into an elective , or any other forme of government whatsoever : that the people doe properly and absolutely make a king is false , &c. but had this illiterate ignoramus seriously perused the precedent or subsequent texts here cited , with the best commentators on them , or read over advisedly , iosh . . iudges . . c. . . c. . . c. . throughout ; with the books of ezra , nehemiah , judges , esther , maccabees , the four euangelists touching christs arraignment and death , acts . . . . . and chapters or consulted with josephus , philo , paul eber , godwin , cunaeus , sigonius , bertrā , or any others who have written of the jewish antiquities of republike , he could not have had the impudency to have published such grosse untruths , and should have found not onely divers kings in scripture created by the voyce of the people , but an hereditary kingdom oft changed into an elective , yea into an aristocraticall and no royall government ; and an aristocracie and democracy to , even among the jews themselves , whose government before their kings : was meerly aristocraticall , as iosephus antiqu. jud. l. . c. . carolus sigonius de repub. hebr. l. . c. . cunaeus , schickardus , bertram , paul eber , and all * others that i have seen , except this animal irrationale risibile , punctually determine , they having no kings of their own before saul , nor any after zedekiah . therefore i shall spend no more waste paper to refute this palpable errour , so confidently asserted by parisiticall court doctors , who make no conscience of writing any , though the grossest untruths , which may advance the absolute soveraign arbitrary tyrannicall government of kings , to oppresse and inslave the people . thirdly , that the kings of iudah and israel were * no absolute soveraign princes , but took their crown with and upon such divine conditions , for breach whereof they and their posterities were oft times by gods command , just judgement , and speeiall approbation deposed , disinherited , destroyed , and the crown translated to other families . this is evident by direct scriptures , deuter. ● . . to the end . thou shalt in any wise set him king over thee whom the lord thy god shalt chuse ; one from among thy brethren shalt thou set king over thee ; thou maist not set a stranger over thee , which is not thy brother . here is an expresse limitation and condition in respect of the person of the king ; the conditions in regard of his royall administration follow , which are partly negative , partly positive , but he shall not multiplie horses to himself , nor cause the the people to return to egypt , &c. neither shall he multiply wives to himself , that his heart turn not away ; neither shall he greatly multiply to himself silver and gold . and it shall be when he fitteth on the throne of his kingdome , that he shall write him a copie of this law in a book , out of that which is before the priests the levites ; and it shall be with him , and he shall read therein all the dayes of his life , that he may learn to fear the lord his god , to keep all the words of this law , and these statutes to do them ; that his heart be not lifted up above his brethren , and that he turn not aside from the commandment to the right hand or to the left , to the end that he may prolong his dayes in his kingdom , he and his children in the midst of israel . here all the kings of the israelites when their kingdoms should be erected , are strictly bound by god himself to negative and positive conditions , upon performance whereof , they and their children should prolong their dayes in the kingdom , and perpetuate their thrones in the midst of israel , and upon breach whereof they and their posterity should lose both their lives and kingdom to ; as the last clause insinuates , and the subsequent texts in direct terms averre . but what if the king should violate these conditions , might the people lawfully resist him ? a iosephus in his paraphrase on this very text , which i shall cite at large , resolves they might ; truely the government of the best men ( or aristocraticall government ) is best ; and to live in a republike thus administred , nor is there cause why you should desire any other kinde of goverment , but it is best , that contenting yur selves with this , you continue within the power of your laws and of your selves : but if the desire of a king shall possesse you , let there be none unlesse he be of your stock , and blood , and one to whom justice , with other vertues , are cordiall : he whosoever he shall be , let him attribute more to the lawes and unto god , than to his own wisedome , and let him do nothing without the high priests and senates advice ; neither may he nourish many wives , nor possesse very much money , and many horses , with the plenty of which things he may easily become a contemner of the laws ; and if he shall addict himself to these things more then is meet , obstandvm est , ne potentior fiat quam rebus vestris expedit , he is to be resisted , lest he become more potent then is expedient for your affairs : so he . yea b zuinglius with c b. bilson expresly resolve , that the people were bound to resist , question and depose their kings for their idolatry , and breach of these conditions ; and that god himself justly punished them for manasses sins and wickednesse , because they resisted and punished him not for them , as they were obliged to do ; as i have d elswhere manifested , to which i shall refer you . this condition most clearly appears in other texts ; as in the sam. , , , , . where when saul the first king of the israelites was crowned at their earnest importunity , against gods and samuels approbation , samuel used these speeches to them , now therefore behold the king whom ye have chosen , and whom ye have desired , &c. if ye will fear the lord and serve him , and obey his voyce , and not rebell against the commandment of the lord , then shall both ye and also the king that reigneth over you continue following the lord your god. but if ye will not obey the voice of the lord , but will rebell against the voyce of the lord , then shall the hand of the lord be against you , as it was against your fathers , &c. but if ye shall do wickedly , ye shall be consumed both ye and your king. after this saul being distressed by the philistines , weary of staying for samuel , and presuming to offer sacrifice without him , hereupon e samuel said to saul , thou hast done foolishly , for thou hast not kept the commandment of the lord thy god , which he commanded thee , for now would the lord have established thy kingdom upon israel for ever ; but now thy kingdom shall not continve , for the lord hath chosen him a man after his own heart , and the lord hath commanded him to be captain over his people , becavse thov hast not kept that which the lord commanded thee , lo here the breach of gods conditions by king saul , forfeited his kingdom , and disinherited his posterity of it . so when he performed not gods command , in utterly destroying amalek , sparing agag and the best of the things ; samuel sharply reprehending him for this offence , said unto him , f behold , to obey is better then sacrifice , and to hearken than the fat of rams ; for rebellion ( namely , king sauls rebellion against gods command , not subjects rebellion against their prince , not so much as once dreamed off in this text as court doctors grosly mistake , and so miserably pervert this scripture contrary to the sence and meaning , translating it from kings to subjects , from king rebellion against god , to subjects rebellion against men ) is as the sin of witchcraft , and stubbornnesse is as iniquity and idolatry . becavse thou hast rejected the word of the lord , he hath also reiected thee from being king : i will not return with thee , for thou hast rejected the word of the lord , and the lord hath reiected thee from being king over israel ; the lord hath rent the kingdom of israel from thee this day , and hath given it to a neighbour of thine , that is better then thou . also the strength of israel will not lie nor repent , for he is not as men , that he should repent ; ( to wit , of renting the kingdom from him ) though he repented that he had made saul king over israel , because he turned back from following him , and performed not his commandments , sam. . . . after which g god said to samuel , how long wilt thou mourn for saul , seeing i have reiected him from reigning over israel ? fill thine horn with oyl , and i will send thee to iesse the bethlemite , for i have provided me a king among his sons ; whereupon he went and annoynted david , who succeeded him in the kingdom , sauls posterity being utterly disinherited for his recited sins . after this when god setled the kingdom upon david and his seed after him , it was upon condition of obedience , and threatning of corrections even by men , if they transgressed : h the lord telleth thee , that he will make thee an house ; and when thy dayes be fulfilled , and thou shalt sleep with thy fathers , then i will set up thy seed after thee , which shall proceed out of thy bowels , and i will establish the throne of his kingdom for ever ; i will be his father , and he shall be my son ; if he commit iniquity , i will chastife him with the rod of men , and with the stripes of the children of men : ( that is , i will not chasten him immediately by my self , but by men my instruments , even by ieroboam , and his own subjects the ten tribes , or other enemies whom i will raise up against him and his posteritie , kings . , to . ) but my mercy shall not depart away from him , as i took it from saul , whom i put away before thee : and thine house and thy kingdom shall be established for ever before thee : yet still upon condition of obedience , as is most apparent by davids speech to king solomon , chron. . , , , , . and the lord hath chosen solomon my son , to set him upon the throne of the kingdom of the lord , over all israel ; and he said to me , &c. moreover , i will establish his kingdom for ever , if he continue constant to do my commandments , and my ●udgements , as at this day . now therefore in the sight of all israel , the congregation of the lord , and in the audience of our god , keep , and seek for all the commandmens of the lord your god , that ye may possosse the good land , and leave it for an inheritance for your children after you for ever . and thou solomon my son , know thou the lord god of thy father , and serve him with a perfect heart , and with a willing minde ; for the lord searcheth all hearts , and understandeth all the imaginations of the thoughts , if thou seek him , he will be found of thee , but if thou forsake him , he will cast thee off for ever ; notwithstanding the former covenant and establishment , which was but conditionall , not absolute , as the renting of the ten tribes from his son , and the determining of the very i kingdom of iudah it self in zedekiah , ( after which it never returned any more to davids line ) infallibly evidence . hence we read in the kings . that solomons idolatrous wives , turning away his heart from following the lord , and drawing him to commit idolatry in his old age ; hereupon the lord grew angry with solomon ; wherefore the lord said unto him ; for as much as this is done of thee , and thou hast not kept my covenant and my statutes which i have commanded thee , i will surely rend the kingdom from thee , and will give it to thy servant ; notwithstanding in thy dayes i will not do it , for david thy fathers sake ; but i will rend it out of the hand of thy son : howbeit i will not rend away all the kingdom , but will give one tribe to thy sonne , for my servant davids sake , and for jerusalems sake which i have chosen . in pursuance whereof the prophet ahijah rending ieroboams garment into peeces , said to ieroboam , take thee ten peeces , for thus saith the lord the god of israel , behold , i will rend the kingdom out of the hand of solomon , and will give ten tribes to thee ; becavse that they have forsaken me , and have worshipped the goddesse of the zidonians , &c. and have not walked in my wayes , to doe that which is right in mine eyes , to keep my statuts and my judgements , as did david his father ; howbeit i will not take the whole kingdome out of his hands ; but i will make him prince all the dayes of his life , for david my servants sake whom i chose , because he kept my commandements and my statutes : but i will take the kingdome out of his sonnes hand , and give it unto thee , even ten tribes . and unto his sonne will i give one tribe , that david my servant may have a light alway before me in ierusalem , the city which i have chosen to put my name there . and i will take thee , and thou shalt reigne according to all that thy soule desireth , and shalt be king over israel . ( but what , without any limitation or condition at all think you ? no such matter : ) and it shall be if thov wilt hearken vnto all that i command thee , and wilt walk in my wayes and doe that is right in my sight , to keep my statutes and my commandements , as david my servant did , that i will be with thee , and build thee a sure house , as i built for david , and will give israel to thee : and i will for this afflict the seed of david , but not for ever . loe here both kingdomes of iudah and israel , are given and entailed on david , solomon , and ieroboam onely upon condition of good behaviour ; which not performed , they shall be rent from either : and was this only a vain idle condition , as some deem the covenants and coronation oathes of kings to god and their kingdoms ? surely no , for we read experimentall verifications of them in king rehoboam ; k who answering all the people and ieroboam when they came to sechem to make him king , roughly , according to the counsell of the young men , and threatning to adde to their yoake , instead of making it lighter ; and hearkning not unto the people , ( for the cavse was from the lord , that he might perform his saying , which he spake by abijah the shilomite unto ieroboam the sonne of nebat ; ) thereupon , when all israel saw , that the king hearkned not unto them , the people answered the king , saying ; what portion have we in david ; neither have we inheritance in the son of ●esse ; to your tents o israel ; now see to thine own house david ; so israel departed to their tents , stoned adoram who was over the tribute , whom rehoboam sent to appease them ; whereupon rehoboam made speed to get him into his chariot to flee to ierusalem : so all israel fell away from the house of david to this day ; and calling ieroboam unto the congregation , made him king over all israel : there was none that followed the house of david , but the tribe of iudah onely . vpon this revolt , when rehoboam was come to ierusalem , he assembled all the house of iudah , with the tribe of benjamin , an hundred and fourescore thousand chosen men which were warriers to fight against the house of israel , to bring the kingdome again to rehoboam the sonne of solomon : but the word of god came unto shemaiah the man of god , saying , speake unto rehoboam the sonne of solomon king of iudah , and unto all the house of iudah and benjamin , and to the remnant of the people , saying : thus saith the lord ; yee shall not goe up , nor fight against your brethren the children of israel : return every man to his house , for this thing is done by mee . they hearkned therefore unto the word of the lord , and returned to depart , according to the word of the lord. behold here an experimentall for feiture of a kingdome , and translation of the major part of it to another family , for solomons idolatry , executed by the peple through gods appointment ; which being fore-threatned in the generall by god himselfe to david , and by david to solomon in case he transgressed , predicted by way of menace to solomon and ieroboam , by god himselfe and his prophets after solomons transgression , executed by the people by gods speciall direction and approbation ; and thus owned and justified by god in the peoples behalfe after the execution , when rehoboam would have made war against them for this revolt , must certainly be acknowledged , not only a iust and warrantable action in respect of god himselfe , but likewise of the people , unlesse we will make god himselfe the author and approver of rebellion . by all which it is apparant , that solomon and rehoboam held their crownes onely upon condition from god , the breach whereof might and did forfeit them to the people in some measure : and so did ieroboam too , hold the kingdome of israel newly erected by the people after this revolt , upon the conditions of obedience , already mentioned , which being violated by his l setting up calves in dan and bethel , out of an unwarrantable policy to keep the people from returning to rehoboam if they went up to ierusalem to worship ; this thing became sin to the house of ieroboam , even to cut it off and destroy it from off the face of the earth , king. . . for ieroboam committing idolatry with the calves , ahijah the prophet sent him this sharp message by his wife , k. . , , , , . go tell jeroboam , thus saith the lord god of israel , for as much as i exalted thee from among the people , and made thee prince over my people israel , and rent the kingdom away from the house of david , and gave it thee , yet thou hast not been as my servant david , who kept my commandements , and who followed me with all his heart , to do that onely which was right in mine eyes , but hast done evill above all that were before thee ; for thou hast gone and made thee other gods , and molten images , to provoke me to anger , and hast cast me behinde thy backe ; therefore behold i will bring evill upon the house of ieroboam , and will cut off from ieroboam him that pisseth against the wall , and him that is shut up and left in israel , and will take away the remnant of the house of ieroboam , as a man taketh away dung till it be gone : him that dieth of ieroboam in the the citie shall the dogs eat , and him that dieth in the field shall the fowls of the ayre eat , for the lord hath spoken it . moreover , the lord shall raise him up a king ●ver israel , who shall cut off the house of ieroboam in that day . neither was this an unexcuted commination , for ieroboam dying , and m nadah his sonne succeding him both in his kingdom and idolatri●s , wherewith he made israel to sinne , baasha ( by gods just judgement ) conspired against him , slew him , reigned in his stead ; and when he reigned he smote all the house of ieroboam , so that be left not to him any that breathed ; according to the saying of the lord which he spake by his servant abijah ; because of the sins of ieroboam which he sinned , and which he made israel sin , by his provocation wherewith he provoked the lord god of israel to anger . after which n baasha walking in the wayes and sins of ieroboam notwithstanding this exemplary judgement of god on him and his posteritie , the word of the lord came to iehu sonne of hannani , against baasha , saying , forasmuch as i exalted thee out of the dust , and made thee prince over my people israel , and thou hast walked in the way of ieroboam , and hast made my people of israel to sinne , to provoke me to anger with their sins ; behold , i will take away the posterity of baasha , and the posteritie of his house , and will make his house like the house of ieroboam the son of nebat ; him that dieth of baasha in the city shall the dogs eate , and him that dieth in the field shall the fowls of the ayre eate : which judgement was actually executed upon his evill sonne king elah , whom zimri the captain of his chariots slew , as he was drinking himself drunk in the house of arza steward of his house , and reigned in his stead ; and assoon as he sat in his throne , he slew all the house of baasha , he left him none that pissed against the wall , neither of his kinsfolks , nor of his friends . thus did zimri destroy all the house of baasha , according to the word of the lord , which he spake against baasha , by iehu the prophet , for all the sinnes of baasha , and the sins of elah his son , by which they sinned , and by which they made israel to sinne , in provoking the lord god of israel to anger with their vanities . n king omri and ahab his sonne going on in the sinnes of ieroboam , serving baal to boot , persecuting gods prophets , putting naboth most injuriously to death for his vineyard , by iezabels instigation , and setting himself to work evill in the sight of the lord , above all that were before him : hereupon the prophet elijah tells him , o thus saith the lord , behold , i will bring evill upon thee , and will take away thy posterity , and will cut off from ahab him that pisseth against the wall , and him that is shut up and left in israel , and will make thine house like the house of ieroboam the son of nebat , and like the house of baasha the sonne of ahijah , for the provocation wherewith thou hast provoked me to anger , and made israel to sinne : and of iezabel also spake the lord , saying , the dogs shall eat iezabel by the wall of iezreel ; him that dieth of ahab in the city the dogs shall eat , and him that dieth in the field shall the fowls of the ayre eate . neither was this a vain threatning , for ahab being slain at ramoth gilead , p the dogges licked up his blood in the place where they licked the blood of naboth ; and iehoram his son succeeding him , both in his throne and sins , q god himself annoynted iehu king over israel , of purpose to execute this his vengeance against the house of ahab and iezabel ; who in execution thereof slew both king iehoram , ahaziah king of iudah , iezabel , and all ahabs sons and posteritie , his great men , nobles , with all the priests and worshippers of baal , till he left none of them remaining : for which severe execution of gods iustice , the lord said unto iehu , r because thou hast done well in executing that which is right in mine eyes , and hast done unto the house of ahab according to all that was in mine heart , thy children of the fourth generation , shall sit on the throne of israel . which action of iehu being thus specially commanded , commended , and remunerated with such a temporell reward by god himself , must questionlesse be lawfull , and no treason nor rebellion in iehu , unlesse we will charge god to be both the author , approver and rewarder of those sinnes . after this ſ iehu walking in the sins of ieroboam , though god deprived him not for it , yet he stirred up hazael to spoil and waste his countrey , during all his reigne , and the reigns of king iehoahaz his son and ioash his granchilde , who succeeded him in his idolatries ; and zechariah the last king of iehu's race , going in his ancestors sinnes , was slain by shallum , who reigned in his stead . t shallum , pekahiah , and pekah three wicked idolatrous kings of israel , were by gods just judgement , successively slain one of another , and by hoshea . so that all the kings of israel , who violated gods covenants and conditions annexed to their crowns , did for the most part lose their lives , crownes , and underwent the utter extirpation of their posterities , being totally cut off by the sword , neither succeding their parents in their crowns nor inheritances . and though the royall crown of iudah continned in davids line till the captivity of zedekiah , the last king of his race ; yet when ever they infringed the conditions which god annexed to their crownes , and turned idolaters or flagitious persons , god presently ( by way of revenge ) either brought in forraigne enemies upon them , which mastered , conquered them , and sometimes deposed and carried them away captives , or made them tributaries , as the examples of king v rehoboam , afflicted by shishak king of aegypt , for his sinnes and idolatry , and by ieroboam all his dayes , x of ahijam , y iehoram , z alaziah , a ioash , b amaziah , c ahaz , d manasseh , e iehoahaz , iehoiakim , iehoiachin , and zed●chiah , ( whose histories , troubles , capti●ities and punishments you may reade at large ) with others witnesse : or else caused their own servants , subjects , enemies to rise up against them , to slay them , as is evident by ( e ) king ahaziah , ioash ; amaziah , ammon , and others . all which are unanswerable evidences and experimentall demonstrations , that the kingdoms of iudah and israel were both held of god upon conditions , and that for the breach of these conditions they might be , and oft times were ( by gods iustice on them ) both lawfully deprived of their crownes , and their posterities , disinherited , yea , totally cut off for ever ; and in conclusion , both these most eminent kingdoms , for the sins of kings and people , were invaded , destroyed , and both kings with people carried away captives by their enemies , into forraigne countries , from whence the whole nation never afterwards returned , nor ever after attained to a king and kingdom of their own : so fatall is it for kings , or kingdoms to break those covenants , laws , conditions which god himself hath prescribed them ; and so far are any kings from being exempted from all laws , and left at libertie to do what they please , that the breach of them proves destructive to them and theirs . i shall onely adde to this by way of corollary , that all the israelites rulers , kings , people did joyntly and severally for f themselves for the whole nation in generall , and every of them in particular , frequently enter into solemn vowes and covenants with god , to serve the lord , to be and conttnue his people ; to seek the lord god fo their fathers with all their heart , and with all their soul ; that whosoever would not seek the lord god of israel , should be put to death , whether small or great , whether man or woman . ( not the king or queen excepted ; ) and they sware unto the lord with a loud voice , and with shouting , and with trumpets , and with cornets , and all rejoyced at the oath , for they had sworn with all their hearts . witnesse the g covenant made by ioshua and all the people , to serve the lord ; by samuel , saul , and all the people at sauls coronation , and by king asa and all his people , to seek the lord , &c. ( who in pursuance thereof removed his mother maacha from being queen , because she had made an idol in a grove , and cut down her idol , and stampt it , and burnt it at the brook kidron , chron. . . of king david , h solomon , and all the people at solomons coronation ; between i king iehoash ; iehoiada and all the congregation at his inauguration , that they should be the lords people : in pursuance whereof all the people went to the house of baal , and brake it down , and brake his altars and images in pieces , and slew mattan the priest of baal before the altars ; between k hezekiah and all his subjects and god ; between l iosiah and all that were present in ierusalem and benjamin and gad , who made a covenant before the lord , to walk after the lord , and to keep his commandments , and his testimonies , and his statutes , with all their heart , and with all their soul , to perform the words of the covenant formerly written in the book of the covenant that was found in the house of the lord ; in execution whereof iosiah tooke away all the abominations out of all the countrey that pertained to the children of israel , and made all that were present in israel to serve the lord their god , and not to depart from following the lord god of their fathers all his dayes : together with the like solemne publike covenants made by m ezra , n nehemiah and all the people unto god ; which covenant the princes , levites , priests and all the people sealed , and entred into a curse and into an oath to walk in gods law , and to observe and doe all the commandments , ●udgements and statutes of the lord , &c. and that god himself expresly commanded them , o that if any prophet or dreamer of dreams , or thy brother or son of thy mother , or thy daughter , or the wife of thy bosom , or thy friend which is as thine own soul , should secretly intice them to commit idolatry , or serve other gods , they should neither consent nor hearken to , nor pitty , nor spare , nor conceal him , but shalt surely kill him ; thy hand shall be first upon him to put him to death , and after the hand of all the people , and thou shalt stone him with stones , that he die , onely for this secret inticement to idolatry : and all israel shall hear , and fear , and do no more such wickednesse as this is . and if they should hear , that the inhabitants of any city were seduced to serve other gods , then they must diligently search and inquire after it ; and if it be truth and the thing certain , that such abomination was wrought among them , then they shall surely smite the inhabitants of that city with the edge of the sword , destroying it utterly , and all that is therein , and the cattell thereof with the edge of the sword ; and gather all the spoil of it into the midst of the street thereof , and burn the city with all the spoile thereof every whit for the lord their god , and it shall be an heap for ever , and shall not be built again : in pursuance whereof the p ten tribes and a half , assembled to warre against the reubenites , g●dites , and half tribe of manasseh , for their supposed idolatrous altar ; and q all the children of israel assembled together as one man , and made warre against the men of gibeah and the benjamites , for not punishing the grosse rape of the levites concubine , destroying the city utterly , and the tribe of benjamin too welnigh . and upon this ground , the city of r libnah revolted from under the hand of iehoram the idolatrous king of iudah , because he had forsaken the lord god of his fathers . and as some learned men conceive ſ the people made a conspiracie against king amaziah in ierusalem , and he fled to lachish , but they sent after him to lachish and slew him there ; t not privately but openly , as acted by publike authoritie , consent , and medicated deliberation , not out of any private hatred , but for his impietie , whereby he violated the chiefest part of his oath and covenant ; whereupon we read not of any complaint , or inquisition , or proceedings , or punishment inflicted on those that slew him after his death , either by the people , or his children , as there was upon those who slew king ammon ; but being slain , they brought him back on horses , and he was buried at ierusalem with his fathers in the citie of david , out of reverence to his royall dignity and family ; and all the pe●ple of iudah took azariah , and made him king in stead of his father amaziah ; which plainly shewes , that what was formerly done by the greater part of the states at ierusalem , was afterwards confirmed by common consent , as done upon a just cause , and executed by command of those who might lawfully doe it . whence they conclude . that the orders or states of the people of israel had right to chuse what king they would themselves , out of the family of david ; and being elected , afterward to correct and punish him as there was cause : that they were obliged by this covenant made to god , both to reprehend , resist , oppose , yea , depose , if not put to death their king for his open incorrigible idolatries and sins , by common consent , as their king was obliged to punish and put them to death for their idolatries and crimes , their kings being included within their covenants ; and gods inhibition of idolatry under pain of capita● punishments , extending to kings , as well as others , if not more then to any , because their examples were most pernicious ; and they were as far forth bound by their joynt covenants made to god with their kings to hinder their kings from , and to proceed against them for their idolatries , as their kings were to impedite and punish them for their breach of covenant , and because god himself did punish them for their kings idolatries , as is evedent by ier. . , to . and the history of the kings , and chronicles every where , which god would not in justice have done , had not the people both just right and power to resist , hinder , censure , punish , depose their kings by publike consent of the state and people for their idolatries and breach of covenant , as v zuinglius , x stephanus iunius brutus , the author of the treatise y de iure magistratus in subditos , with others , prove at large , and z master calvin , yea a bishop bilson himself , assents to . such a soveraign power had the whole state and congregation of israel and iudah over their kings themselves , whose estates in their crownes and kingdoms by gods own institution , was not absolute , but onely conditionall , and subject unto forfeiture , upon breach of these covenants and conditions by which they did injoy them . fourthly , the kings of iudah and israel were no absolute soveraign princes paramount their whole kingdoms , the generall congregation of the people , senate or sanhedrin , but inferiour to them in power , and not onely counselled , but over-ruled usually by them in matters of publike concernment : this is evident not onely by iosh . . . to . and iudges . and . where the whole congregation of israel , as the soveraign power , in the dayes of ioshua and the iudges assembled about the great causes of the reubenites , gadites , and halfe the tribe of manasseh , concerning their alter , and of the gibeonites and benjamites , concluding both matters of publike war and peace ; but likewise by the peoples rescuing ionathan out of the hands and power of king saul his father , that he died not , though saul had twice vowed that he should be put to death , sam. . . to . and the people said unto saul , shall ionathan die who hath wrought this great salvation in israel ? god forbid ; as the lord liveth there shall not one hair of his head fall to the ground , for he hath wrought with god this day : so the people rescued ionathan that he died not . by the chron. . . to . where thus we reade : and david consulted with the captains of thousands and hundreds , and with every leader , and david said unto all the congregation of israel , if it seeme good unto you , and that it be of the lord our god , let us send abroad unto our brethren every where that are left in all the land of israel , and with them also to the priests and levites which are in their cities and suburbs , that they may gather themselves unto us ; and let us bring again the ark of our god to us , for we enquired not at it in the dayes of saul . and all the congregation said , that they would do so , for the thing was right in the eyes of all the people . and david went up and all israel to baalah , to bring up thence the arke of god the lord. compared with the samuel . , , . where when david sent out the people to battell against absalon under three commaunders , the king said unto the people , i will surely goe forth with you my selfe also : but the people answered , * thou shalt not go forth ; for if we flee away , they will not care for us , neither if halfe of us die will they care for us ; but now thou art worth ten thousand of us , therefore now is better that thou succour us out of the citie : and the king said unto them , whatsoever seemeth you good that i will doe ; and thereupon stayed behinde in the city , as they advised him . so he likewise followed ioabs advice , to go forth and sit in the gate , and speak comfortably to the people after his mourning for absalons death , else not one of the people would have tarried with him that night , samuel . . . to . and by this means all the people came before him though they had formerly fled every man to his tent ; and he so engaged them to him , that all the people were at strife thorowout all the tribes of israel , to bring the king back again to gilgal , whence absalon had chased him . adde to this the kings . . to . and chron. c. . and . where we finde , that after solomons death , all israel came to sechem to make rehoboam king ; and all the congregation of israel spake unto rehoboam , saying , thy father made our yoak grievous , now therefore make thou the grievous service of thy father , and his heavy yoak which he put upon us , lighter , and we will serve thee . and he said unto them , depart ye for three dayes , and then come again ; and the people departed . in the mean time he consulted first with the old men , after that with the young men about him , what answer he should return ; who giving contrary advice , ieroboam and all the people coming to him again the third day , the king answered the people roughly , after the counsell of the young men , saying , my father made your yoke heavy , and i will adde to your yoke ; my father chastised you with whips , but i will chastise you with scorpions : so when all the people saw that the king hearkned not to them , the people answered the king , saying , what portion have we in david ? neither have we inheritance in the son of iesse , to your tents ô israel ; now see to thine own house david : so israel departed to their tents , and fell away from the house of david unto this day : and all israel called ieroboam unto the congregation , and made him king over all israel : and the text expresly addes this memorable observation , wherefore the king hearkned not unto the people , for the cause was from the lord , that he might perform his saying , which the lord spake by abijah the shilonite to ieroboam the son of nebat . where we see the kings not hearkning to the people and congregation of israel in their just request , and giving them an harsh answer , was a sufficient ground and occasion for them , to cast off his government , and elect another king to reign over them , and that with divine approbation from god himself : such was the whole peoples and congregations soveraigne power over their kings . we reade in the kings . . to . that when benhadad king of syria gathered a great host , and sent to ahab king israel , to resign up all his silver , gold , wives , children , and pleasant things into the hand of his servants : then the king of israel called all the elders of the land , and said , heark , i pray you , and see how this man seeketh mischief , for he sent unto me for my wives and for my children , for my silver , and for my gold , and i denyed him not : and all the elders , and all the people , said unto him , hearken not unto him , nor consent . wherefore he said unto the messengers of benhadad , tell my lord the king , all that thou didst send for to thy servant at first , i will do , but this thing i may not do . where the elders and people both advise and over-rule the king in this matter of great importance both to the kingdom and king , who returned no answer to this publike case without the congregations publike advise . so * hezekiah king of iudah sent to all israel and iudah , and wrote letters also to ephraim and manasseh , that they should come to the house of the lord at ierusalem , to keep the passeover unto the lord god of israel ; for hezekiah had taken counsell , and his princes , and all the congregation in ierusalem , to keep the passeover in the second moneth , for they could not keep it at that time , because the people had not sanctified themselves sufficiently ; neither had the people gathered themselves together at ierusalem ; and the thing pleased the king and all the congregation , so they established a decrée , to make proclamation throughout all israel , from bersheba even to dan , that they should come to keep the passeover unto the lord god of israel at ierusalem , for they had not done it of a long time , in such sort as it was written . so the posts went with the letters from the king and the princes , throughout all israel , and iudah , &c. vers . . also in iudah the hand of god was to give them one heart to doe the commandement of the king and of the princes , by the word of the lord ; and vers . . and the whole assembly took counsell to keep other seven dayes ; and they kept other seven dayes with gladnesse ; k and all the congregation of iudah and israel rejoyced : vers . . when all this was finished all israel that were present , went to the cities of iudah and brake the images in pieces , and cut down the groves , and threw downe the high places and the altars out of all iudah and benjamin , in ephraim also and manasseth , untill they had utterly destroyed them all . then all the children of israel , returned every man to his possession into their owne city : in the chron. . . when hezekiah saw that senacherib was come , and that he was purposed to fight against ierusalem ; he took councell with his princes and his mighty men , to stop the waters of the fountaine which were without the city , and they did help him , and there was gathered much people together , who stopped all the fountaines , &c. adde hereunto that notable text , jer. . . to . where when the prophet ieremy had prophecied , that ierusalem should be given into the hands of the king of babylons army which should take it ; therefore the princes hereupon said unto the king ; we beseech thee , let this man be put to death ; for thus he weakneth the hands of the men of warre that remain in this city , and the hands of all the people , in speaking such words unto them ; for this man seeketh not the welfare of this people , but the hurt : then zedechiah the king said ; behold he is in your hand ; for the king is not he that can doe any thing against you . and jer. . . to . now it came to passe when ieremiah had made an end of speaking all that the lord had commanded him to speake unto all the people , that the priests , the prophets , and all the people tooke him , saying ; thou shalt surely dye , &c. so ezra . . to . there assembled unto ezra a very great congregation of men , &c. and they said unto ezra , we have trespassed against our god , and have taken strange wives of the people of the land ; yet now there is hope in israel concerning this thing . now therfore let us make a covenant with our god to put away all the strange wives , &c. and let it be don according to the law : and all israel said that they would doe according to this word . and they made proclamation throughout iudah and ierusalem unto all the children of the captivity , that they should gather themselves unto ierusalem ; and that whosoever would not come within . dayes according to the councell of the princes and the elders , all his substance should be forfeited , and himselfe seperated from the congregation of those that had been carryed away : then all the men of iudah and benjamin gathered themselves together unto ierusalem , within three dayes , and all the people sate in the street of the house of god trembling , ●ecause of this matter and for the great raine . and ezra the priest stood up and said unto them , ye have transgressed and taken strange wives to encrease the trespasse of israel ; now therefore make confession unto the lord god of your fathers , and doe his pleasure , and seperate your selves from the people of the land , and from the strange wives . then all the congregation answered and said with a lowd voyce ; as thou hast said , so must we doe ; but the people are many , and it is a time of much raine , and we are not able to stand without , neither is this a worke of one day or two ; for we are many that have transgressed in this thing : let now our rulers of all the congregation stand , and let them which have taken strange wives in our cities , come at appointed times , and with them the elders of every city and the iudges thereof , untill the fierce wrath of our god for this matter , be turned from us : and the children of the captivity did so . where we see the whole congregation determine and direct all that was done in this grand common businesse : and esther . . to . the iewes ( upon mordecaies and esthers letters , after the slaughter of their enemies ) ordained and took upon them and upon their séed , and upon all such as joyned themselves unto them , so as it should not faile , that they would keep the . and . day of the month adar , and make it a day of feasting and gladnesse , according to their writing , and according to their appointed time every yeare : and that these dayes should be kept and remembred thorowout every generation , every family , every province , and every city , and that these dayes of purim should not faile from among the iewes , nor the memoriall of them perish from their seed : and the decree of esther confirmed those mater of purim , as they had decreed for themselves and their séed . from all these texts ( compared with prov. . . c. . . c. . . ) it is most apparant ; that the kings of iudah and israel were no absolute soveraigne princes paramount their whole kingdomes , or the generall senate and congregation of the people , or their sanhedrin , but inferiour to them in power ; and not onely counselled but over-ruled usually by them , in all matters of publike concernment . a truth so pregnant , that c bp. bilson himself from some of these texts confesseth , that it is a question among the learned ; what soveraignty the whole people of israel had over their kings ; and that these scriptures have perswaded some , and might lead zuinglius to thinke , that the people of israel , notwithstanding they called for a king , yet reserved to themselves sufficient authority to over-rule their king , in these things which séemed expedient and néedfull for the publike well●fare , else god would not punish the people for their kings iniquity , which they must suffer and not redresse . hence that eminent lew d iosephus ( a man best acquainted of any , with his owne nations antiquities , lawes , and the prerogatives of their kings ) resolves in direct termes ; that their king , whosoever he were , ought to attribute more to the lawes , and to god , then to his own wisdome , and to doe nothing without the advice of the high-priest and senate ; and that if he multiplyed horses , and mony more then was fitting they might res●st him , lest he became more potent then was expedient for their affaires . hence petrus cunaeus de repub. hebr. l. . c. . p. . . writes thus of the sanhedrin or parliament among the iewes . thus the prophets , who grievously offended , were no where else punishable but in this assembly ; which ( quod summae potestatis est ) as it is an argument of the supremest power ) did both constitute the king : ac de bello gerendo deque hostibus profligandis & de proferendo imperio del●beraba●t . sed quoniam haec ejusmodi erant in quibus salus omnium , & summae reipublicae vertebatur , consultatum de his plerumque cum populo est ; indictae enim comitiae sunt , in quibus solis populus partem aliquam caperet regendae reipublicae , &c. de rege igi●ur deque bello , ut dixi , decreta facta interdum populi auctore sunt . caetera omnia senatores sanhedrin per se expedivere . so that the sanhedrin and congregation of the people were the highest soveraigne power , and principall determiners of publike matters concerning warre and peace , by cunaeus his resolution : who debating this weighty controversie , d what the scepter of iudah was ( prophesied of gen. . . ) and what and whose the majesty of the empire was ? determines thus . i suppose the scepter to be nothing else , but the majesty of the empire or government , to wit that , quae ipsi reipublicae assidet , which belongs to the republike it selfe . wherefore whos 's the republike is , the scepter ought to be said theirs . now the hebrew republike from moses his time till the kingdome of rehoboam , was not of the iewes ( or tribe of iudah ) but of the twelve tribes , from whence it followes , that even the scepter for all those times was of all the israelites . now of this scepter , which was long common to all the twelve tribes , the divine patriarke spake not in that most famous oracle : for he looked at latter yeares , and future ages , when as the tribe of iudah , the people being divided into contrary parts , began to have its republike apart from the israelites , which god approved and loved ; and would have to be called iewish , from the tribe of iudah alone , untill hee ( to wit christ ) should be given to the assemblies of men , to whom not onely the empire of the iewes , but gentiles also was destinated . and verily this majesty of the scepter , from the time it once began to be of the iewes , we say continued to be theirs , although the state of the commonweale was sometimes changed , and the soveraignty of the empire was sometimes in the elders and high priests , sometimes in the kings and princes . they doe too foolishly , who here dance in a narrow compasse , and suppose that the honour of this name appertaines not but to kings ? for what people soever , useth its owne republike and its lawes , is recte gloriari de imperio deque sceptro potest , it may rightly boast of its empire and scepter . it is recorded , that at ierusalem even at that time , when not the princes but the elders governed the people , in the midst of the great councell , which they called the sanhedrin , there hung a scepter , which thing verily was a certain ensign of its majesty ; which marcus tullius in a particular oration , saith , esse magnitudinem quandam populi , in ejus potestate ac jure retinendo , quae vertitur in imperio , atque omnis populi dignitate . not kings , not princes , but consuls and the senate managed the roman common-wealth ; whence this law of truce was given to the aetolians , which livy reports , that they should conserve the majesty of the people of rome without mal-engin : and the very same thing was commanded all free people , who by any league , but not equall , would come into the friendship of the romanes , as proculus the lawyer witnesseth , in l. . f. de captiu : & post . reversis . neither think we it materiall to our purpose , of what nation or tribe they were , who moderated and ruled the iewish affaires ; for although the hasmonaean l●vites held their kingdome for many yeeres , yet the republike was of the iewish people . that most wise master seneca said to nero caesar , that the republike was not the princes , ( or of the prince ) but the prince the republikes . neither verily was the opinion of vlpian the lawyer otherwise ; for he at last ●aith , that that is treason ▪ which is committed against the roman people , or against their safety , l. . s . . f. ad legem iul. majest . now vlpian lived in those times , when the people had neither command nor suffrages left them , but the emperours held the empire and principality ; and yet he who is wont most accurately to define all things , saith , that majesty is of the people ; from all which it is apparant , that not onely in the roman empire and other kingdomes , but even among the iewes themselves ; the majesty , and soveraign power , and scepter resided not in the kings , but in the whole state and people . hence will. schickardus in his ius regium hebraeorum , argent . . p. . determinesthus . the state of the iewish kingdome was not monarchicall ( as our court doctors falsely dream ) but mixt with an aristocrcie , for the king without the assent of the sanhedrin could determine nothing in great causes . they constituted not a king but in it , &c. attributing the soveraignest power to the congregation and sanhedrin , who had power to create , elect , and in some cases to resist , and depose their kings . hence e huldericus zuinglius writes expresly , that the kings of the iewes and others , when they dealt perfidiously , contrary to the law of god and the rule of christ , might be lawfully deposed by the people . this the example of saul manifestly teacheth , whom god rejected , notwithstanding he had first elected him king : yea , whiles wicked princes and kings were not removed , all the people were punished of god ; as is evident by ier. . . to . where they were punished with four judgements and plagues for manassehs sinnes . in summe , if the iewes had not permitted their king to be so wicked without punishment , they ●ad not beene so grievously punished by god. by what means he is to be removed from his office , is easily to conjecture ; thou maist not slay him , nor raise any war or tumult to do it , but the thing is to be attempted by other means , because god hath called us in peace , cor. . if the king be created by common suffrages , he may again be deprived by common votes , unlesse they will be punished with him ; but if he be chosen by the election and consent of a few princes , the people may signifie to them the flagitious life of the king , and may tell them , that it is by no means to be endured , that so they may remove him , who have inaugurated him . here now is the difficulty ▪ for those that do this , the tyrant will proceed against them according to his lust , and slay whom he pleaseth ; but it is a glorious thing to die for justice and the truth of god ; and it is better to die for the defence of justice , then afterwards to be slain with the wicked by assenting to injustice , or by dissembling , those who cannot endure this , let them indure a lustfull and insolent tyrant , expecting extream punishment together with him ; yet the hand of the lord is stretched out still , and threatneth a stroke : but when with the consent and suffrage of the whole , or certainly of the better part of the multitude a tyrant is removed , deo fit auspice , it is done by god approbation . if the children of israel had thus deposed manasseh , they had not been so grievously punished with him . so zuinglius . hence f stephanus iunius brutus in his vindiciae contra tyrannos , in answer to machiavels princeps ( a most accursed mischievous treatise ) and justification of the protestant defensive wars in france to preserve their religion and liberties , anno . determines positively , that as all the people are superiour to the king , so are those officers of state and parliaments , who represent them , superiour to kings collectively considered , though every of them apart be inferiour to them . in the kingdom of israel , which by the judgement of all polititians was best instituted , by god , there was this order , the king had not onely private officers who looked to his family , but the kingdom likewise had elders and captains elected out of all the tribes , who had the care of the commonweale both in time of peace and war , and likewise their magistrates in every town , who defended their severall cities , at the others did the whole kingdom . these when ever they were to deliberate of greatest affairs , assembled together , neither could any thing be determined without their advice , which much concerned the commonwealth : therefore g david called these all together when he desired to in vest solomon in the kingdom , when he desired the policy restored by him should be examined and approved , h when the ark was to be reduced , &c. and because they represented all the people , all the people are then said to have assembled together . finally , the same i rescued ionathan , condemned to death by sauls sentence ; from whence it appears ▪ that an appeale lay from the king to the people : but from the time the kingdome was divided , through the pride of rehoboam , the synedrin of ierusalem consisting of men , seems to be of that authoritie , k that they might judge the king in their assembly , as well as the king judge them when they were apart . the captain of the house of iudah was l president over this assembly , that is , some chief man chosen out of the tribe of iudah , as even the chief man for the city ierusalem , was chosen out of the tribe of benjamin : this will be made more evident by examples . m ieremie being sent by god to denounce the overthrow of the city ierusalem , is for this , first condemned by the priests and prophets , that is , by the ecclesiasticall judgement or senate ; after this , by all the people , that is , by the ordinary iudges of the citie , to wit , by the captains of thousands and hundreds ; at last by the princes of iudah , that is , by the men sitting in the new porch of the temple , his cause being made known , he is acquitted . now they in that very judgement expresly condemn king iehoiakim , who a little before had most cruelly slain the prophet uriah , threatning like things . also we reade n elsewhere , that king zedekiah , did so much reverence the authoritie of this sanhedrin , that he durst not free the prophet jeremie , thrust by these men into a filthy prison , but likewise 〈◊〉 dared to translate him into the court of the prison from thence ; yea , when they perswaded him to consent to jeremiah his death , he answered , that he was in their hands , and that he could not contradict them in any thing ; yea , he fearing lest they should enquire into the conference which he privately had with ieremie , as if he were about to render an account of the things which he had spoken , forgeth a lie . therefore in this kingdom the states or officers of the kingdom were above the king ; i say , in this kingdome which was instituted and ordaintd , not by plato or aristotle , but by god himself , the author of all order , and the chiefe institutor of all monarchy : such were the seven magi in the persian empire , the ephori in the spartan kingdom , and the publike ministers in the egyptian kingdome , assigned and associated to the king by the people to that onely end , that he should not commit any thing against the lawes . thus , and much more this author , together with con. superantius vasco , who published this treatise to all pious and faithfull princes of the republike , giving large encomiums of its worth ; as also the author of the treatise de iure magistratus in subditos . p. , , , . , to . whose words for brevity i pretermit ; bp. bilson in his forecited passages : and hugo grotius de iure belli & pacis , l. , c , . sect . . p. , . where he confesseth , that if the king of the israelites offended against the lawes written concerning the office of a king , he was to be scourged for it ; and that the sanhedrin had a power above their king in some cases . finally , the kings of israel and iudah were not superior to , nor exempted from the lawes , but inferiour to and obliged by them , as well as subjects : this is evident , not onely by the premises , but by sundry impregnable texts , as deut. . . . . where god himselfe in the very description of the office and duty of their king , prescribes this in direct termes , as a part of his duty . and it shall be when he sitteth on the throne of this kingdome , that he shall write him a copy of this law in a booke , out of that before the priestic and levites : and it shall be with him , and he shall read therein all the dayes of his life , that he may learn to feare the lord his god , to keep all the words of the law , and these statutes to doe them , that his heart be not lifted up above his brethren ; and that he turn not aside from the commandement , to the right hand or to the left : seconded by iosh . . . this booke of the law shall not depart out of thy mouth , but thou shalt meditate therein day and night ; that thou maist observe to doe according to all that is written therein : turne not to it from the right hand , or to the left , for then thou shalt make thy way prosperous , and then thou shalt have good successe . hence it was , that as soon as ever saul was elected and made king by samuel and the people , he being the first of their kings ) samuel told the people the manner of the kingdom , and wrote it in a booke , and laid it up before the lord : which booke , contained not the exorbitances and oppressions that their kings would exercise over them , mentioned in the sam. . . to . as iosephus mistakes ; but as petrus cunaeus and q others more rightly observe , the law of god concerning kings , prescribed by him , deut. . . to the end ; and such lawes which commanded kings to use iustice and equity ; to govern the common-wealth well , for the peoples benefit ; to abstaine from fornication and lusts ; to retain modesty in a great fortune , &c. hence samuel enioyned both saul and the people , to feare the lord , and serve him , and obey his voyce , and follow him , and not rebell against his commandement , &c. sam. . , . . to . hence king r david did alwayes meditate in the law of god , day and night , accounting it more deare unto him then thousands of gold and silver : and withall pronounceth from gods own mouth ; ſ the gods of israel said , the rocke of israel spake to me , he that ruleth over men must be just , ruling in the feare of god. hence the t qu. of sheeba used this speech to king solomon , because the lord loved israel for ever , therefore made be thee king ( what ? to domineere at his pleasure ? no verily , but ) to doe iudgement and iustice . vpon this ground , v king iosiah made a covenant before the lord , to walke after the lord , and to keep his commandements , and his testimonies and his statutes with all his heart , and with all his soul ; and king x asa , with other princes and governors did the like , as the premises evidence : from all which , y and infinite other scriptures , obliging kings to reign in righteousnesse , to doe justice and judgement to all , and z reprehending them exceedingly for their injustice , tyranny , oppressions , idolatries , and other sinnes ; it is irrefragable ; that their kings were as much , if not more obliged to keep both gods and the kingdomes lawes , as the subjects ; and had no arbitrary power to doe what they pleased . all that is , or can be colourably obiected to the contrary , to prove the kings of israel absolute monarchs , exempt from lawes , and paramount their sanhedrin or people collectively considered , is , first , that passage of psal . . . where king david confessing his sinnes of adultery and murther to god , useth this expression ; against thee , thee onely have i sinned , and done this evill in thy sight : of which a hierom renders this reason , quod rex erat & alium non timebat : alium non habebat super se : which ambrose thus seconds , rex erat , nullis ipse legibus tenebatur , quia liberi sunt reges a vinculis delictorum : neque enim ullis ad poenam vocantur legibus , tuti imperii potestate , b homini ergo non peccavit , cui non tenebatur obnoxius c arnobius & cassidor , adde , de populo si quis erraverit , & deo peccat & regis quando rex delinquit , d soli deo reus est : merito ergo rex , deo tantum se dicit peccasse ; quia solus erat qui ejus potuisset admissa discutere . the like we finde in isiodor . epist . . which some iewish rabbins back with this saying of barnachmon , titulo de iudicibus nulla creatura judicat regem , sed deus benedictus : therefore the iewish kings were above all lawes , and not subiect to the censures of their congregations , states , or sanhedrin . to this i answer first , that no doubt , david by his adultry and murther ( being sinnes against the second table ) did sinne not onely against god , but e against vriah and his wife too , their children and kinred ; yea f against his own soule and body , though he were a king ; that of iustus eccardus , de lege regia , being an itrefragable truth , granted by g all lawyers and divines whatsoever , that the absolutest emperors , monarchs , kings , that be , are subject to the lawes of god , of nature , of nations , and cannot justly doe any thing against them to the hurt of pietie , chastity , fame , life , or what is contrary to good manners . secondly , no doubt every king is bound in conscience by the law of god and man , to give satisfaction and recompence to his subjects against whom he sinneth in this nature , as david himselfe determines in this his own case , sam. . , , . thirdly , for this very sin against vriah god threatens , that the sword should never depart from davids house ; that hee would raise up evil against him out of his own house , that he would take his wives before his eyes and give them unto his neighbour , who should lye with them in the sight of the sunne , before all israel , sam. . , , . which was actually fulfilled in and by absalom his sonne , sam. . . the glosse therefore of these fathers , that david was exempt from all lawes being a king , and that he could not sinne against a subject , is point-blank against the history , and text it selfe ; and manifested to be apparantly false by all the premised scriptures and authorities . fourthly , the true reason of this speech of david , against thee , thée onely have i sinned , and done this evill in thy sight , as augustine h and others truly observe was : . because david had plotted and contrived the murther of vriah , and abusing of his wife so closely , that no man did or could take notice of it ; whence nathan the prophet tells him , sam. . . thou didst it secretly , but i will do this before all israel : sed forte erat quod homines latebat , & non inveniebant illi quod erat quidem , sed manifestum non erat , writes augustine : . because vriah being slain , and his wife a party consenting to davids sinne , his sinne now might in this sence be said , to be against god alone . . sinne , quatenus sinne , and as it deserves eternall punishment , is properly committed against none but god , whose law and prohibition only makes it sinne ; therefore in this regard , david now confessing his sinne to god himselfe , useth this expression and rhetoricall ingemination , against thee , thee only have i sinned . . because none was free from sinne , and so sit to be his judge in that respect but god onely . . only , is many times taken for principally or especially ; as we usually say , such a one is the onely man ; i such a salve or medicine , is the onely remedy ; and the scripture useth this phrase in this sence in davids owne ease , king . . david did that which was right in the eyes of the lord , and turned not aside from any thing that he commanded him all the dayes of his life , save onely in the matter of vriah , that is principally , k for he committed divers sins besides , as in numbring the people , in giving mephibosheths land to ziba upon a false suggestion , himselfe confessing m that his iniquities were gone over his head , l and his sinnes more then the haires of his head : but yet this was his only , to wit , his principall sinne : so in divers others texts , onely is used for principally ; as iosh . . . . onely be thou strong ; sam. . . onely be thou valiant : so here , against thee , thee only have i sinned ; that is , i have principally sinned against thee alone , not excluding his sinne against himselfe , vriah , and others , whom he injured thereby . . this sinne against n vriah was but a personall and private injury , into which david fell out of humane frailty , it was the first and onely sin of this kinde that ever he committed , for ought we read ; he made no trade of it , he repented for it , and never relapsed again into it : in this regard therefore these fathers interpretations may be orthodox , that for such a private sin of infirmitie onely , david was not responsible nor punishable by the congregation or sanhedrin : but had he made a common trade of murthering his subjects , ravishing their wives , and the like ; or giving himselfe over to the open practice of grosse idolatry , ( a sin onely against god himself ) and not repented of , or humbled himself solemnly for it , as he did for these sins here , no doubt the congregation or sanhedrin might upon complaint , have questioned , reprehended , and censured him for it , as the premises plentifully manifest , notwithstanding the priviledge of his regalitie , which , as it exempted him not from the guilt , so not from the punishment due unto such crimes , whether temporall or eternall : not from the o eternall , which is the greatest , that is certain , therefore not from the temporall , which is the lesse . finally , god himself threatens , that p if solomon or any kings of davids seed should forsake his law , and not keep his commandments , but commit ini●●●ity against him , he would chasten them with the rod of men , and the stripes of the children of men ; whence the q rabbins write , that if their kings transgressed against the law of the king , they were and might be scourged for it , without dishonour , by a man whom themselves made choice of : therefore they might be justly censured and punished by men for their transgressions against god alone , notwithstanding this glosse of these fathers , true only in som sence in private cases , and sins of infirmity against private men , not of publike habituall transgressions . the second objection , is that speech of samuel to the people , sam. . . to . this will be the manner of the king that shall reign over you ; he will take your sons and daughters , and appoint them for himself , &c. and he will take your fields , and your vineyards , and your oliveyards , even the best of them , and give them to his servants . and he will take the tenth of your seed , and of your vineyards , and give to his servants : and he will take your manservants , your maidservants , your goodliest young men and your asses , and put them to his service ; he will take the tenth of your sheep , and ye shall be his servants ; and ye shall crie out in that day , because of the king whom yee have chosen you , and the lord will not hear you in that day . therefore their kings were absolute monarchs , not bound to laws , nor responsible to their subjects for their oppressions , nor yet resistible by them . to which i answer , that this is a direct description of a tyrant , and not of a lawfull king ; as is evident , first , by the very occasion of the words ; vttered purposely by samuel to disswade the people from electing a king , & changing their former aristocraticall government , into a monarchicall ; because their kings would many of them prove more oppressive , tyrannicall and burthensome to them then their iudges or his sons were , whose bribery and perverting of judgment , moved the people thus earnestly to affect a change of government , as is evident by the , , , , , , and verses ; ſ iosephus , and the consent of all expositors . secondly , by the introduction to , and the words themselvs , this will be the manner of the king that shall reign over you , he will take , and he will do thus and thus ; not this ought to be the manner , he ought to do , or lawfully may do thus and thus . thirdly , by the things themselves which he would do , which are directly contrary to deuter. . . to the end ; and all other scriptures , expresly enjoying kings t to judge their people righteously , to do justice and judgement , and not any wayes to oppresse or spoyle them . i shall instance onely in two particulars . first , the law of god expresly prohibits v all men ( and kings as well as others ) to covet their neighbours house , his menservants , his maidservants , his oxe , or his asse , or any thing that is his neighbours : if their kings then might not lawfully so much as desire or covet , much lesse might they lawfully take away their houses , sonnes , daughters , manservants , maidservants , asses , sheep , corn , vineyards , or any thing else that was theirs , without their free consents , as samuel tells them their king would do ; this therefore must need , be onely a declaration of what their kings would tyrannically do , not of what they might lawfully or justly execute . secondly , it is gods expresse edict , ezek. . . the prince shall not take the peoples inheritance by oppression , to thrust them out of their possessions , but he shall give his sons inheritance out of his own possession , that my people be not scattered every one from his possession . and ezek . , . the land shall be the princes possession in israel , and my princes shall no more oppresse my people , and the rest of the land shall they give to the house of israel according to their tribes : thus saith the lord god , let it suffice you , o princes of israel ; remove violence and spoile , and execute judgement and justice ; take away your exactions ( or expulsions ) from my people , saith the lord. whence x ahab king of israel for coveting , and unjustly depriving naboth of his vineyard , which he refused to sell him , because it was the inheritance of his fathers , and taking possession thereof after his unjust condemnation , had a most severe judgement denounced against him , even the utter extirpation of himself , q. iezabel , and their posterity , afterwards executed : which punishment god would never have inflicted on them , had it been lawfull for the kings of israel to take the peoples fields , vineyards , oliveyards , &c. and possesse or give them to their servants , as samuel here tels them their kings will do : this clause then of taking their fields , vineyards , &c. from them , by the king , without their consents , being thus diametrally contrary to these texts of ezekiel , and such a capitall crime in king ahab , ( yea , contrary to the practise of ioseph , and the aegyptian heathen king pharaoh , who took not away , but bought the aegyptians cattell and lands for corne , gen. . . to . ) can no wayes be warranted as a just royall prerogative lawfull for their kings to use , but must needs be branded for a tyrannicall oppression . fourthly , this is evident by the consequences of it , ye shall be his servants , ( not subject● ; ) and ye shall crie in that day because of your king which ye have chosen you , and the lord will not hear you in that day , verse , . certainly the people neither would nor ought to crie to god against the proceedings of a just upright king , but onely of a tyrant and oppressour ; therefore this text must needs be meant of such a one , who should be a scourge and punishment to them , as tyrants are , not a blessing as good kings alwayes be . fifthly , consult we with all polititians whatsoever , this description suites onely with a tyrant not with any lawfull king : and that it is meant of such a one , we have the testimony of y iosephus , the generall concurring suffrage of all commentators and expositors one the place ( see lyra , hugo de sancto victore , carthusian , angelomus lexoviensis , calvin , brentius , bugenhagius , beda , bertorius , martin borrhaeus , peter martyr , zanchius , piscator , serrarius , strigelius , doctor willet , deodate , the english bibles notes , with others ) and of sundry who descant on this text in other writings ; by name , of m. iohn calvin , instit . l. . c. . sect . . bishop ponet his politicall government . p. . iunius brutus vindiciae contra tyrannos , qu. . p. . . . . . . . . de iure magistratus in subditos , p , . . bucholceri chronichon . p. . petrus cunaeus , de repub. hebraeor . l. . c. . bertrami , politia iud●ic . p. . shickardus jus regium iudae . p. . albericus gentilis de jure belli , l. . c. . p. . hugo grotius de jure belli & pacis , l. . c. . adnotata . p. . governado christiano , p. . georgius bucanus de jure regni apud scotos , p. . dole-man , p. . haenon . disp polit . p . weemse vol . . part. p. . hotomani , franco . gallia , c. . amesius de casibus conscienciae , p. . and ( to name no more in so plain a case ) of doctor ferne himself , in his resolving of conscience , sect . . p. . where hee writes , that samuel here tels the people , how they should be oppressed under kings ; yet all that violence and injustice done unto them , is no cause of resistance , &c. this text then being cleerly meant of their kings oppression , violence , injustice against law , right , and a clear description of a tyrant , not a king ; i may safely conclude from all the premises , that even among the israelites and iews themselves , their kings were subject to the lawes , and that the whole congregation , kingdom , senate , sanhedrin , not their kings , were the supreme soveraign power , and paramount their kings themselves , whom they did thus freely elect , constitute , and might in some cases justly censure , resist , depose , ( if not put to death ) by common consent , for notorious grosse idolatries and publike multiplied crimes , as the forecited authors averre . all which considered , eternally refutes , subverts , confounds the erronious false positions and paradoxes which doctor ferne , griffith williams bishop of ossery , the authour of the necessitie of subjection , with other late ignorant pamphletters , have broached to the contrary , without either ground or presidents to warrant what they affirm , touching the absolute soveraignty , monarchy , irresistibilitie , incorrigibility of the kings of iudah and israel by their whole states , congregations , kingdoms generall assents , and utterly takes away those sandy fabulous foundations upon which their impertinent pamphlets against the soveraign power of parliaments , kingdoms , and the illegality of subjects taking up defensive arms against tyrannicall princes , bent to subvert religion , laws , liberties , the republike , are founded ; which must now needs vanish into nothing , before this catholike , irrefragable clear-shining verity , abundantly ratifyed by innumerable presidents in all eminent kingdoms , states , nations , that either have been in any former ages , or are yet extant in the world ; which must and will infinitely over-sway , swallow up the inconsiderable contrary opinions of some few privadoes , who ( either out of flattery , hopes of getting , or keeping undemerited preferments , fear of displeasing greatnesse , or inconsiderates following of other reputed learned mens mistakes , without due examination of their erronious tenents ) have engaged themselves in a polemicall blinde combate against these infragable transparent verities ; whose defence i have here made good against all their misprisions , and bootlesse assaults . having now historically ran over the most eminent empires , kingdoms of ancient and present times , in a kinde of confused method ; their copious vastnesse and varietie being so boundlesse , and my time to collect them so small , that i could hardly marshall them into any comely distinct regiments , or reduce them to the particular heads debated in the premises ; i shall therefore for a conclusion deduce these distinct conclusions from them , to which the substance of all the recited histories may be aptly , reduced , and are in truth abundantly confirmed by them beyond all contradiction , annexing some new punctuall authorities of note , to ratifie and confirme them . first , it is undeniably evident from all the premises , that all monarchies , empires , kingdoms , emperours , kings , princes in the world , were originally created , instituted , ordained , continued , limited , and received all their jurisdiction , power , authoritie both from , by , and for the people , whose creatures , ministers , servants they are , and ought to be . if we survey all the severall lawfull monarchies , empires , principalities , emperours , and kings , that either have been , or yet are extant in the world ; we finde all sacred and prophane histories concurre in this , that they had their originall erections , creations from , by , and for the people ; yea , we read the very times when , the most monarchies of note were instituted , the names of those on whom the first monarchies were conferred , ( by the peoples free election onely ) yet extant on record in most histories , and withall expresse relations , of many different kinds of kingdoms , kings , in respect of succession , continuance , power , jurisdiction , scarce any two kingdoms , or their kings , being alike in all things in regard of prerogatives & jurisdictions ; all histories & polititians concurring , resolving with z peter , that kings are humane creatures or ordinances , instituted , diversified thus by men , and the people alone , out of gods generall or speciall providence , not one of them all being immediately or directly ordained by god , as the onely efficient cause , without the free concurrence , consent and institution of the people . this truth , is not onely ratified by lex regia , whereby the roman emperours were created , yea , invested with all their power ; registred by iustus eccardus de lege regia , & marius salamonius de principatu , l. . a formerly transcribed ; by plato , aristotle , xenophon , berosus , polybius , cicero , livy , iustin , plinie , strabo , plutarch , dionysius hallicarnassaeus , diodorus siculus , pausanias , solinus , alexander ab alexandro , hermannus schedell , herodotus , boëmus , pomponius mela ; forecited , and generally by all historians , chronologers , antiquaries , lawyers , politians whatsoever ; but directly averred and proved by franciscus hotomanus ( a famous lawyer ) in his franco-gallia , c. . . , . the author of de iure magistratus insubditos , quaest . . p. . , &c. thomas garzonius emporij emporiorum , pars . discursus . de dom. p. . vasquius controvers . illustrium , . n. . . n. . . n. . . n. . . n. . . n. . covarunius , quaest . illust. t. . . n. . . hugo grotius de jure belli , l. . c. . sect . . l. . c. . sect . . and elsewhere : marius salamonius de principatu ; eccardus de lege regia , with others cited by them : hookers ecclesiasticall polity . l. . sect . . p. , , . ( a pregnant place ) albericus gentilis de iure belli , l. . c. . . ioannes mariana de rege & regum instit . l. . c. . to . sparsim , & iunius brutus , vindiciae contra tyrannos , quaest . . p. . to . with whose words i shall close up this observation , ( having b elle where particularly proved the verity thereof , and answered all obiections against it from misinterpreted scriptures : ) we say now ( writes he ) that the people constitute kings , deliver kingdoms , approve kings elections , with their suffrages ; which god would have to be thus , that so whatsoever authority and power they should have , they should , next to him , referre it to the people , and therefore should bestow all their care , thoughts , industrie for the peoples profit ; neither verily should they think themselves advanced above other men for their excellency of nature , no otherwise then men are over heards and flocks , but should remember , that being born in the same condition with others , they were lifted up from the ground unto that condition by the suffrages , as it were , by the shoulders of the people , upon whose shoulders the burthen of the common-weale should for a great part rest . after which he proves by deut. . and divers forecited presidents in scripture , that god gave the election and constitution of the kings of israel to the people ; and that notwithstanding the succession of the kingdom of iudah was by god entailed afterwards to the linage of david , yet the kings thereof actually reigned not before they were ordained by the people . whence we may conclude , that the kingdom of israel , if we respect the stock , was certainly hereditary , but if we regard the persons , altogether elective . but to what end was this , if the election appear , as it is confessed , but that the remembrance of so great a dignitie conferred by the people , should make them alwayes mindefull of their duty : so likewise among the heathens we read , that kings were constituted by the people ; for when they had wars abroad , or contention at home , some one man , of whose fortitude and justice the multitude had a great opinion , was by common consent assumed for king. and among the c medes , saith cicero , deioces was of an arbitrator made a iugde , of a iudge created a king ; and among the romanes the first kings were elected . therefore when romulus being taken away , the inter-regnum of the hundred senators was displeasing to the romans , they accorded , d that afwards kings should be chosen by the suffrages of the people , the senate approving it : and tarquin the proud was therefore reputed a tyrant , for that being created neither by the people nor senate , he held the empire onely by force and power : wherefore caesar although he invaded the empire by force , yet that he might cosen the people at least with some pretext of law , would seem to have received the empire from the senate and people : but augustus although he was adopted by caesar , yet he never bare himselfe as heire of the empire , by divise ; but rather received it as from the senate and people ; as did also caligula , tiberius , claudius ; whereas nero , who first invaded the empire by force and wickednesse without any colour of law , was condemned by the senate . since then no man could be born an absolute king , no man can be a king by himselfe , no man can reigne without the people : whereas on the contrary , the people may both be , and are by themselvs , and are in time before a king ; it most certainly appears , that all kings were first constituted by the people . now albeit that from the time that sons or nephews imitated the vertues of their parents , they seem to have made kingdomes as it were hereditary to themselves in certain countries , where the free power of election may seem in some sort to have ceased , yet that custome hath continued in all well constituted kingdomes , that the children of the deceased kings should not succeed untill they were as de nono , newly constituted by the people , nor should not be acknowledged as heires to their fathers , but should onely then at length be reputed kings , when they had as it were received investiture of the realme from those who represent the majesty of the people , by a scepter and diadem . in christian kingdomes which at this day are said to be conferd by succession , there are extant most evident footsteps of this thing . for the kings of france , spain , * england , and others are wont to be inaugurated , and as it were put into possession of the realm by the states , senators , nobles and great men of the realm , who represent the universality of the people , in the same manner as the emperours of germany are by the electors , and the kings of poland by the vaynods or palatines , where the intire right is onely by election , neither , is royall honour yeelded to them in the cities of the kingdomes , before they have been duly inaugurated : neither also heretofore did they compute the time of the reigne , but from the day of the inauguration , which computation was accurately observed in france : and that we may not be deceived by reason of any continued stories of succession ; even in those very kingdoms , the states of the realme have oft times preferred a kinsman before a sonne , the second sonne before the eldest ; is in france , e lewis , the brother , before robert earl of dreux ; also henry , the second brother , before robert capet the nephew , with others elsewhere : yea , and the same kingdome by authority of the people , hath been translated from one nation and family to another , whiles there were lawfull heires extant ; from the merouingi to the carlingi , from the carlingi to the capets ; which hath been likewise done in other realms , as it sufficiently appears out of the truest histories . and that we may not recede from the kingdome of france , which hath ever been reputed the pattern of the rest , in which , i say , succession seemes to have obtained greatest strength : we read that pharamond was elected , anno . pipen , an. . pipens sonnes , charles the great and charlemain . not having respect of the father ; charlemain being at last taken away . the brothers part did not immediatly accrue to charli the great , as is usually done in inheritances , but by the determination of the people and publike councell : and by them ludovicus pius was elected , an. . although he were the sonne of charles the great . yea , in the very testament of charles , which is extant in nauclerus , he intreats the people by the common councell of the realm to elect one of his nephews whō they pleased ; as for his vncles he bids thē rest satisfied with the decrée of the people . whence charles the bald , nephew by lewis the godly and iudith , professeth himselfe an elected king in aimoinius the historiographer . in summe , all kings whatsoever , from the beginning were elective ; and those who at this day strive to come to the kingdome by succession , must of necessity be first ordained by the people . finally , albeit the people by reason of certain egregious merits , hath in certain realmes used to chuse kings out of the same stock , yet they chuse the stock it self , nor the branch ; neither do they so chuse it , but if it degenerates , they may elect another : but even those who are neerest of that stock , are not so much born , as made kings ; are not so much accounted kings as the attendants of kings ; which franciscus hotomanus in his franco-gallia , cap. . . & . prosecures more at large , and manifests by sundry pertinent presidents and authorities . secondly , that it is apparant by all the premised histories ; that in all empires , monarchies , the whole empire , state , kingdome , with the parliaments , senates , states , diets , publike officers and generall assemblies which represent them , are the supreamest soveraign power , superiour to the emperours , kings and princes themselves ; who are subordinate ministers and servants to them , elected , created by them for their common good ; and not absolute soveraign lords or proprietors to rule & domineer over them at their pleasure : which conclusion you shall find abundantly ratified , and professedly maintained by marins salamonius , de principatu , in six severall books ; by iohn mariana , de rege & regis instit . l. . c. . stephanus iunius brutus , his vindiciae contra tyrannos , throughout , especially p. . to . the treatise , de iure magistratus in subditos , throughout : iustus eccardus , de lege regia : henricus ranzovius ; commentarii bellici , lib. . c. . and elsewhere : georgius obrechtus ( an eminent civill lawyer ) disputationes iuridicae , de principiis belli , sect . . to . where he thus resolves , f the inferiour magistrates , as in germany the electors , princes , earles , imperiall cities ; in france the peers of france , in poland the vayuodes or palatines , and in other kingdomes the nobles , senators , and delegates of the estates , as they are severally inferiour to the emperour or king , ita vniverst superiores existunt , so collectively they are superiour to them ; as a generall councell is above the pope , the chapter above the bishop , the vniversity above the chancellor ; the prince , saith g pliny the second , even the greatest , is obliged to the commonwealth by an oath , as its servant , ac ipsa republica seu regno minor est , and is lesse then the republike or kingdome it selfe : ) by franciscus hotomanus a learned french lawyer , in his franco-gallia , c. , . , . , , , , . aquinas , de regimine principum , c. . by hemingius arnisaeus , de auctoritate principum in populum , &c. and de iure majestatis , sebastianus foxius , de regni regisque institutione ; vasquius controvers . illustrium passim , cavarnuius contr. illustr . t. . . n. . . n. . haenon disp . polit. p. . &c. alhusius polit . c. . p. . to . with iohn calvin instit . l. . c. . sect . . and * divers others forecited : heare h iunius brutus instead of all the rest to this particular , being a frenchman by birth , and writing his mind herein both freely , accutely and ingeniously , in these words : now verily , since kings are constituted by the people , it seems necessarily to follow , populum universum rege potiorem esse , that all the people are better and greater then the king. for such is the force of the word , that whoever is constituted by another , is reputed lesse then him ; he who receiveth authority from another , is inferiour to his author . i potipher the aegyptian appointed ioseph over his family , k nebuchadonozer set daniel over the province of babylon ; l darius set an hundred and twenty princes over the kingdome . verily masters are said to appoint servants ; kings ministers ; so likewise the people appoints the king , as the minister of the commonweale ; which title good kings have not contemned , and ill kings have affected , so that for some ages , none of the roman emperours , but an apparant tyrant , such as nero , domitian , caligula , would be called lord . moreover it appeares , that kings were instituted for the peoples sake ; neither wilt thou say , that for an hundred homuncices more or lesse , ( for the most part far worse then the rest ) all inferiours whatsoever were created , rather then they for them . now reason requires , that he for whose sake another exists , is to be accounted lesser then he . thus the governour of a ship is instituted by the owner for the shippes sake , who sits at the helme , lest the ship should be broken on the rocks , or ill hold her course . and verily whiles he intends this businesse , the other mariners serve him , and the owner himselfe obeyes him ; and yet he is a servant of the ship , as well as any mariner , neither differs he from a mariner in gender , but in kind : in the republike , which is usually compared to a ship , the king is in place of a master , the people of an owner : threfore to him seeking the publike safety , the people obey and submit ; when notwithstanding he is , and ought no lesse to be accounted a servant to the republike , as well as any judge or captain , neither differs he from those in any thing , but that he is bound to beare greater burthens , and undergoe more dangers : wherefore verily what things soever the king acquires in warre , or when he gaineth adjoyning coasts by right of warre or by sentence of law , as those things which are brought into the eschequer , he acquires to the kingdom not to himselfe ; to the people , i say , which constitute the kingdome , no otherwise then as a servant ( purchaseth ) to his lord ; neither can any obligation be contracted with him , but by their authority . furthermore , innumerable people live without a king , but thou canst not conceive a king without a people , so much as in thy mind . neither have some attained a royall dignity because they differed in kind from other men , and ought to rule over others by a certain excellency of nature , as shepheards doe over their flocks ; but rather , the people created out of the same masse , have advanced them to that degree , that so if they enjoyed any authority , any power , they should acknowledge it received from them , and possesse it as during their pleasure ; which the ancient custome of the french aptly sheweth , who * lifting their king up on a buckler , proclaimed him king. for why , i pray , are kings said to have innumerable eyes , many eares , long hands , most swift feet ? what , because they are like to argus , gerion , midas , or to those whom fables have feined ? verily no , but indeed because all the people whom it concerns , lend all their eies , their ears , their hands , feet , and faculties to the king for the use of the republike . let the people recede from the king , he who even now seemed eyed , eared , strong and flourishing ; will suddenly wax blind , deafe , and fall to nothing ; he who erewhile did magnificently triumph , will in one moment become vile to all : he who even now was adored almost with divine honours , will be compelled to play the schoolmaster at corinth : over-turn only the basis of this giant-like heape , and like the rhodian colossus , it will of necessity fall , and be broken into pieces . since therefore a king exists by and for the people , and cannot consist without the people ; to whom may it seem strange if we conclude , that the people are greater then the king. moreover , what we say of all the people , we will have spoken also , as in the second question , of those also who lawfully represent all the people in every kingdome or city , who verily are commonly reputed the officers of the kingdome , not king. the officers of the king , are created or discharged by the king at his pleasure ; moreover , when he dyeth they are out of place , and are in some sort accounted dead men . contrarily , the officers of the kingdome , receive their authority from the people , to wit , in a publike councell , or at least , heretofore were wont to receive it , neither can they be cashéered without the same . therefore those depend on the king , these on the kingdome : they , from the supreme officer of the kingdome , who is the king himselfe ; these , from the supream dominion of the people , from whom the king himselfe , as well as they , ought to depend . their office is , to take care of the king : these mens duty , to take heed that the common-wealth receiue no detriment any where : theirs to be present and serue the king , as any domestick servants doe their masters ; these mens , to defend the rights and priuiledges of the people , and diligently to prouide , that the prince himselfe commit , or omit nothing to their destruction . finally , those are the kings seruants , ministers , domesticks , instituted only to obey him ; these contrarily , are as the kings assessors in judging according to law and consorts of the royal empire ; so as all these are bound to gouern the commonweal , no otherwise then the king is ; yet he , as a president among them , may onely hold the first place . now as all the people are superiour to the king ; so euen these , although single , every of them be inferiour to the king , yet all of them are to be deemed superiour to him . how great the power of the first kings was , appeares sufficiently from this ; that ephron king of the hittites , durst not grant the right of a sepulcher to abraham without the peoples consent ; m nor hamor the hiuite king of sechem , make a league with iacob , the more weighty affaires being usually referred to the people . and vetily in those kingdomes , which at that time were circumscribed almost with one city , this was easie : but from that time kings began to inlarge their territories , neither could all the people assemble in one place without confusion , officers of the kingdome were appointed , who should ordinarily defend their rights ; yet so , as when there should be need , either all the people , or at least a certain epitome of them should be extraordinarily assembled . wee see this order to have been in the kingdome of israel , which by the judgement almost of all polititians , was best of all constituted . the king had his bakers , butlers , chamberlaines , masters and stewards of his house , who overlooked his family ; the kingdom had likewise its officers , . elders and captains chosen out of every tribe , who might take care of the republike in time either of peace or warre : and finally its magistrates in every town , who were every one to defend their rites , as the others the whole kingdome ( which he proves to be above their kings , and to over-rule them , in the * forecited passage . ) such were the . n magi , or wise men in the persian empire , being as it were consorts of the royall honor , and who were called the kings eyes and eares , with whose judgement we read the kings rested satisfied : such were the ephori in the spartan realm , to whom they appealed from the king , and who did likewise judge the kings themselves ; as it is in aristotle ; in the aegyptian kingdome the publike ministers were elected and assigned to the king by the people , onely to this end , that he should commit nothing against the lawes . now as o aristotle every where calls those lawfull kings , to whom such officers are adioyned , so likewise he feares not to say , where they are wanting , that there is not a monarchy , but either plainly a barbarous tyrannie , or a domination next to tyrannie . in the roman state the senators obtained this place , and the magistrates usually chosen by the people , the tribune of the consuls , the president of the city , and the rest , so as there lay an appeale from the king to the people , which seneca cites out of tullies book of the republike , and the history of horatius tergeminus , condemned by the royall iudges for the murder of his sister , and absolved by the people , sufficiently evidenceth : but under the emperours , the senate , consuls , pretors , pretorian perfects , presidents of provinces , which were given to the people and senate , were therefore all called the magistrates of the people of rome . therefore when as by the decree of the senate , maximinus the emperour was iudged an enemy of the republike , p and mazimus and albinus were created emperors by the senate against him , the souldiers took an oath , that they would fathfully obey the people of rome , the senate & emperor , howsoever this law might be violated under tyranny . as for the empires at this day ( as the turkish & muscovitish , and others of this kind , which are rather great robberies , then empires ) there is not one of them , which if not at this time , was not at least in times past governed in this manner . but if it be come to passe through the magistrats fault and sloathfulnes , that in some places posterity have received a worser commonweal , notwithstanding those who at this day possesse these offices , are bound as much as in them is , to revoke all things to their ancient state . in the german empire which is conferred by election , there are princes , and electors , as well laicks as ecclesiasticks , earles , barons , cities , embassadors of cities , who as they have the care of the commonweale in their severall places , so likewise in generall assemblies ( or diets ) when there is needs , they represent the majesty of the whole empire , where they are bound to care , that the republike sustain no detriment by the private endeavours or hatreds of the emperour . therefore there is one chancellour of the empire , another of the emperour ; other and different officers besides , both of the one , and other : divers exchequers , divers treasurers ; and therfore it is a cōmon saying , that the empire is preferred before the emperor , so as q the emperor may be every where said to do homage to the empire . likewise in the realm of poland , the bishops , palatines , castellans , nobles , deputies of cities and counties are extraordinarily assembled ; in whose assembly onely new constitutions are made , and wars decréed . but ordinarily the councellers of the realm of poland , the chancellor of the polish repub. &c. although the king in the mean time hath his own chamberlains , stewards , ministers & domesticks . but he who will dispute among the polonians , whether the king or the whole people of the kingdom , represented by the estates of the realm , be greater : doth just like him who should dispute at venice , whether the duke or the republike were the superior ? but what shal we say of those kingdomes which are wont to be carried by succession ? verily the thing is no otherwise there . the realm of france , which not long since was preferred before the rest both for the excellency of laws and orders , was thus constituted in times past ; and although those who hold that place do not sufficiently discharge their duty , yet they are not thereby the lesse obliged to do it : the king verily hath his great master , or arch-steward , his chamberlains , hunters , guard , butlers , and the rest , whose offices heretofore did so depend on the king that he dying , themselves seemed also to die in their office ; so that even yet , after the end of the mourning royall , the great master or arch-steward , is wont to pronounce certain conceived words , wherewith he dismisseth the royall family , and bids every one provide for himself : yet notwithstanding the kingdom of r france hath its officers , the master of the palace , who afterwards was stiled the earl of the stable , the marshals , admirall , chancellour , or great referendary , secretaries , treasurers , and officers , who verily heretofore were not created , but in the great publike covncell of the three orders of the clergie , nobilitie and people ; but since the standing parliament was ordained at paris , they are not thought setled in their offices , before they be received and approved by the senate of paris , ſ neither can they be casheer'd without their consent and authority : now all these , first plight their faith to the kingdom , that is , to all the people , after that to the king , as the guardian thereof ; which is perspicuous even from the very form of the oath . but especially the earl of the stable , when he is girded by the king with the liliated sword ( as appears by the words which he pronounceth , ) is girded to that purpose , that he may defend and protect the repvblike . moreover the realm of france hath its peers , as consuls of the king , or its senators , as the fathers of the republike , every of them denominated from the severall provinces of the kingdome , to whom the king , being to bee crowned , is wont to plight his faith , as to the whole kingdome : from whence it appeares , that they are svperior to the king : these again likewise swear , that they will defend , not the king , bvt the royall crown ; that they will assist the repvblike with their councell , and that for this end , they will be present in the sacred councell of the prince in time of peace or warre , as manifestly appears out of the formulary of the peership : therefore by the law of t lombardy ; in giving sentences , they did not onely sit with the lord of the fee as peers , but likewise heard the causes ofttimes between the superiour lord and his vassall . we likewise see these senators of france to have ofttimes judged between the king and subjects , so that when charles the . would have pronounced sentence against the duke of britain , they withstood him , and said , that the jvdgement was not the kings , bvt peers , from whose avthority he covld derogate nothing . hence even at this day the parliament at paris , which is called the court of peers or senators , is in some sort constituted a iudge between the king and people , yea , between the king and every private man , and is bound , as with an obligation to right every one against the king procurers , if he invades any thing against law ; besides , if the king determines any thing , or makes any edict at home , if he make any compact with neighbour princes , if any warre be to be waged , if any peace be to be made , as of late with charles the fifth , the parliament ought to approve , and bée authour of it , and all things which appertain to the common-wealth , ought to be registred among its acts ; which verily are not ratified , untill they shall be approved by it . now that the senators might not fear the king , heretofore none could be preferred into that order , but such who were nominated by the senate , neither could they lawfully be removed , but by its authority , for a lawfull cause . finally , even the kings letters , unlesse they be subscribed by the kings secretary , and rescripts , unlesse they be signed by the chancellour , ( who hath a power of cancelling ) have no authority . there are likewise dukes , marquesses , earles , vicounts , barons , castellanes ; also in cities , maiors , deputies , consuls , in sindeches , auditors , and the like , to whom some particular region or city are severally commended , that they may defend the people so farre forth as their jurisdiction extendeth , although some of these dignities at this day are reputed hereditary : and besides this , yearly heretofore , at leastwise as often as necessity required , there was held an v assembly of the three estates , wherein all the countries and cities of any note , did send their deputies , namely commons , nobles , ecclesiasticks in each of them apart ; where they publikely determined of those things which appertained to the republike : now such was evermorethe authority of this assembly , that not only those things which were therein accorded , were reputed sacred and holy , & whether peace were to be concluded , or war to be waged , or the guardianship of the realm to be committed to any one , or a tax to be imposed , was there concluded ; but even kings themselves for their luxury , slothfulnes or tyrannie , were thrust into monasteries , & by their authority , even all their ofsprings deprived of the succession of the kingdom , no otherwise then at first , when as they were called to the kingdom , by the peoples authority : verily those whō consent had advanced , dissent did pull down again ; those whom imitation of paternall vertues had as it were called into that inheritance , a degenerate and ungratefull minde , as it had made then uncapable and unworthy , so it did make them to be disinherited : from whence verily it appears , that succession truly was tolerated to avoid competition , succession , an interregnum , and other incommodities of election ; but truely when greater damages would follow ; where tyranny should invade the kingdom , where a tyrant the throne of a king , the lawfull assembly of the people perpetually reserved to themselves an authority of expelling a tyrant or slothfull king , and of deducing him to his kindred , and of substituting a good king in his place . verily peradventure the french received this from the gauls , x caesar in the fifth book of the gallic war , being the author ; for ambiorix king of the eburoni , confessed , that all that time the empires of the kings of gallia were such , that the people duely assembled , had no lesse authoritie over the king , then the king over the people ; which also appears in vercingetorix , who pleaded his cause before an assembly of the people . in the kingdoms of spain , especially in valentia and catteloigne of the arragonians it is even thus , for the soveraignty of the realme , is in the justice of aragon , as they call it ; therefore the great men , who represent the people , fear not to tell the king in direct terms , both in his very coronation it self , and likewise every third year in the generall assembly of their estates , tantum valemus nos , quantum vos ; we are as powerfull as you , but the justice of aragon is above us both , who rules more than you . yea , oftentimes what things the king hath asked , what he hath injoyn'd , the iustice hath prohibited ; nay , he never dares to impose any tribute without the authority of that assembly . in the realms of england and scotland , the supreme power is in the parliament , usually wont to be held almost every year . now they call a parliament , the assembly of the estates of the realme , where the bishops , earls , barons , deputies of the cities and counties by common suffrage determine of the republikes affairs , whose authority is so sacred , that what things soever it shall once establish , it is unlawfull ( or a wicked act ) for the king to abrogate . likewise all the officers of the realme are wont to receive their offices from that assembly , and those who ordinarily assist the king or quéen in councell . in brief , other christian kingdoms , as hungary , bohemia , denmarke , sweden , and the rest , have all their officers of the realm , or consuls of the royall empire , who by their own authority have sometimes used even to depose their kings themselves , as histories teach , or fresh memory sufficiently manifests : neither is there verily any cause that we should think the royall authority to be thereby deminished , or that kings should hereby suffer as it were a diminution of their heads ; truly , we deem not god the lesse potent for this , because he cannot sin by himself , nor his empire more restrained , because it cannot be ruined , nor grow worse ; therefore not a king , if that he who may offend by himself , be sustained or kept from sinning by anothers help ; or if peradventure he had lost any empire by his own negligence or fault , that he may retain by anothers prudence . what ? do you think any man lesse healthy , because phisitians sit round about him , who dehort him from intemperance , who interdict him the eating of hurtfull meats , who likewise oft-times purge him against his will , and resisting ? or whether doest thou think those phisitians who take care of his health , or flatterers who obtrude the most unwholsome things , to be more his friends ? therefore this distinction is altogether necessary to be adhibited : some are friends of the king , others of caesar ; those are friends of caesar , who serve caesar ; those friends of the king or emperour , who serve the kingdom : for since any one is called a king , for the kingdoms sake , and the kingdom consists in the people ; but the kingdom being lost or decayed , the king must altogether cease to be a king , or , at least , be lesse a king : those verily who shall study the profit of the kingdom , are truly the kings friends ; those who neglect , or subvert the profit of the realm , are truly his enemies : and as thou canst by no means separate the kingdom from the people , nor the king from the kingdom ; so neither the friends of the king from the friends of the kingdom or people ; yea verily , as those who truely love caesar would rather have him to be a king then a private man , nor can they have him a king without a kingdom , in good sooth those shall be the kingdoms friends who are caesars ; and those who would seem to be more the friends of caesar , then of the kingdom or people , are truly to be reputed flatterers and most pernicious enemies . but and if they bee truely friends , is it not manifest , that the king will become more powerfull and stable , ( as theopompus said of the ephori when instituted ) by how much those shall be more , and more powerfull , to whom the profit of the people or realm shall be commanded and committed ? but perchance thou wilt say , you tell me of the senators , peers , and officers of the realm , but i , on the contrary , see nothing but ghosts , and as it were ancient cote-arms in tragedies , but i scarce any where discern any foot-steps of ancient libertie and authoritie . finally , you may see most men every where to look to their own affairs , to flatter kings , to cheat the people ; scarce any where maist thou finde one who takes pity of the mascerated people , much lesse who will give help to the miserable ; but if there be any who are truely of that minde , or thought to be so , they are judged rebels , or traitors , they are banished , and they are compelled to begge even their very food . what ? the thing is thus : it seems almost alwayes and in every place the audacitie of kings , or partly the prevarication , partly the slothfulnesse of the nobility hath been such , that kings may seem to have usurped that licentiousnesse wherewith most of them at this day seem to wax insolent , by a long prescription of time , but the people may seem to have determined their authority , or to have lost it by not using it : for so it happens for the most part , that no man takes care for that which all are bound to take care of , that which is committed to all , no man thinks it is commended to him . yet notwithstanding , against the people , neither this prescription nor prevarication doth any thing . it is a vulgar saying , that no prescription can hurt the king , or exchequer , much lesse all the people , who are potenter then the king , and for whose sake the prince hath this priviledge ; for why else is the prince only the administrator of the exchequer , but for the people , the true proprietors as shal be after proved ? furthermore , is not this a known truth , that no violence , no not in the longest lasting servitude , y can be prescribed against liberty ? but and if thou objectest , that kings were constituted by the people , who perchance lived above five hundred yeer since , not by the people extant at this day ; i answer , that although kings doe die , the people in the mean time ( as neither any other universitie ) never dyeth ; for as flowing waters make a perpetuall river , so also the vicissitude of birth and death an immortall people : therefore as the rheine , seine , tyber , is now the same as it was above a thousand years agoe , so likewise the germane , french , roman people are the same , ( unlesse colonies shall have casually intervened ) neither can their right be any wayes changed , either by the flux of water , or change of individuals . besides , if they attribute the kingdom received , not to their people , but to their father , & he to his grandfather , and so upwards , could he transfer more right to another then himself first had ? but and if he could not , ( as it is certain he could not ) is it not manifest , whatsoever he shall arrogate to himself besides , that he cannot any more usurp it then any theef ? but on the contrary the people have a right of perpetuall eviction . therefore that the nobles have been for a long space oppressed in any kingdom , can no way prejudice the people ; but rather , as the servant should not be heard , who in that he hath a very long time detained his lord captive , should boast , that he was not onely a free-man , but would likewise arrogate to himself a power of life and death over his lord : nor yet a theefe , who because he hath robbed . yeers , or is the sonne of a theefe , should think himselfe to be without fault , yea rather , by how much the longer he hath been such a one , the more severely should he be punished : so likewise a prince is not to be heard or endured , who because he hath succeeded to a tyrant , or hath for a long time used the people like a bondslave , from whom he hath received his kingdome , or hath offered violence to the nobles , should think that what ever ●e lusted should be lawfull to him , and ought to be granted of right . neither doe yeers substract any thing from the peoples right , but adde to the injury of the king. but what , if the nobles themselves have colluded with the king ? what , if in betraying the cause , they have betrayed the people as it were bound , into the hands of a tyrant ? shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the king ? whether i say , by this fact is any thing taken away from the liberty of the people , or adjoyned to the licentiousnesse of the prince ? you will say , they may impute it to themselves , who made choise of such men of perfidious faith . but yet these are as patrons to patronize the publike profit , and the peoples safety and liberty : therfore as when an advocate shall make a compact with the adversary of his client , concerning the value of the suit as they speake , if he had betrayed his cause , he should not hurt him at all ; so this conspiracie of the nobles , as it were made to the dammage and destruction of the people , cannot verily detract any thing from their right ; but even they themselves shall fall into the penalty of the law , which is promulged against prevaricators , and the law permits the people to chuse another patron , and to prosecute their right againe : for if the roman people condemned their emperors to punishment , who at the caudine gallowes had dishonourably contracted with the enemies , although by compulsion , and reduced to greatest straits ; and judged that they were no wayes obliged by that paction ; shall not the people be much lesse bound to suffer that yoke , which not by force , but willingly ; not for feare of death , but out of desire of gain , hath been thus treacherously put upon them ? or if those who ought to shake it off shall impose it , or those who might doe it , shall tolerate it ? he hath many other pertinent passages to the same effect , which brevity enjoynes me to omit ; those that please may read them at their leisure in the author himselfe ; whose opinion is fortified by alphonsus menesius his poems , annexed to his treatise . thirdly , it is abundantly manifest from all the premises ; that kings and emperours alwayes have been , are , and ought to be subject to the lawes and customes of their kingdomes , not above them , to violate , breake , or alter them at their pleasures , they being obliged by their very coronation oathes in all ages and kingdomes inviolably to observe them . this verily is confessed a by k. iames , by our b k. charls himself in his late declarations to al his subjects ; resolved by e bracton f fleta , g fortescue , our h common and statute laws i forecited ; by the year book of . h. . . a. where fray saith , that the parliament is the highest court which the king hath , and the law is the highest inheritance which the king hath , for by the law he himselfe and all his subjects are ruled ; and if the law were not , there could be no king nor inheritance ; this is proued by k stephen gardiner bp. of winchester in his letter to the lord protector ; where he writes , that when he was embassadour in the emperours court he was faine there , and with the emperours embassadour to defend and maintaine , by commandment * in a case of jewels , that the kings of this realme were not above the order of their laws , and therefore the jeweller although he had the kings bill signed , yet it would not be allowed in the kings court , because it was not obtained according to the law ; and generally granted by all our own g english writers , is copiously asserted , and professedly averred by aristotle , polit. l. . c. . . marius salomonius de principatii . in sixe speciall books to this purpose , by justus eccardus de lege regia , thomas garzonius emporii , h emporiorum , pars . discursus . de dominiis sect . . p. , . joannis carnotensis episc . lib. . policrat . c. . bochellus decreta , eccles . gal. l. . tit. . cap. . , . haenon . disput . polit. p. . to . fenestella de magistratu , p. . ioannis mariana de rege & regis instit . l. . c . ( an excellent discourse to this purpose ) petrus rebuffus , praefat. ad rubr. de collationibus , p. , . sebastianus foxius de rege , &c. part . . p. , part . . &c. buckanon de iure regni apud scotos passim , iunius brutus vindiciae contra tyrannos , quaest . . p. . to . ( an accurate discouse to this effect ) grimalius de optimo senatore , p. . , . vasquius contr . illustr . . n. . . . . n. . ● . . n. . . n. . . n. . . . n. . and elswhere . de iure magistratus in subditos , passim , polanus , in ezech. p. . . pareus in rom. . p. . francis . hotomani , franco gallia . c. . to the end of cap. . sparsim , governado christiano , p. . cunaeus de republ. hebr. l. . c. . . schickardus ius regium hebrae p. . hugo grotius de iure belli , l. . c. . f. . l. . c. . and elsewhere thorowout his second book , with infinite others of all sorts : this all good emperours and kings in all ages have professed , as these authors prove . thus the good emperour trajan practised and professed ; that the prince was not above the laws ; hence i apollonius thyanaeus writing to the emperor domitian , saith , these things have i spoken concerning lawes , which if thou shalt not think to reignover thee , then thy self shalt not reign : hence k autiochus the third , king of asia is commended , that he writ to all the cities of his kingdom , if there should be any thing in his letters he should write , which should seem contrary to the laws , they should not obey them . and anastatius the emperour made this wholesome sanction , admonishing all the iudges of his whole republike , that they should suffer no rescript no pragmaticall sanction , no sacred adnotation which should seem repugnant to the generall all law or the publike profit , to be produced in the pleading of any suite or controversie ; enough eternally to shame and silence those flattering courtiers , lawyers , divines , who dare impudently , yea , impiously suggest the contrary into princes ears , to excite them to tyrannize and oppresse their subjects against their expresse oathes ( inviolably to observe and keep the laws ) their duties , the very lawes of god and man ; of which more in the seventh and eigth observation . fourthly , that kings and emperours can neither anull nor change the laws of their realms , nor yet impose any new laws , taxes or impositions on them , without the consent of their people , and parliaments : this i have largely manifested in the first part of this discourse , and the premised histories , with the authors here quoted in the three precedent observations , attest and prove it fully ; for if the whole kingdom , parliament , and laws themselves be above the king or emperour , and they receive l their soveraign authority from the people , as their publike servants : it thence infallibly follows , that they cannot alter the old laws which are above them , nor impose new lawes or taxes to binde the whole kingdom , people , without their assents , they being the soveraigne power . this point being so clear in it self , so plentifully proved in the premises , i shall onely adde this passage out of m iunius brutus , to ratifie it ; if kings cannot by law change or extenuate laws once approved without the consent of the republike , much lesse can they make and create new laws ; therefore in the german empire , if the emperour think any law necessary , he first desires it in the generall assemblies ; if it be approved , the princes , barons , and deputies of cities subsigne it , and then it is wont to be a firme law : yea , he swears , that he will keep the laws enacted , and that he will make no news laws but by common consent . in the kingdom of poland there is a law , ( renewed , an. , and . ) that no new laws or constitutions shall be made , but onely by publike consent , or in any place but in parliament . in the realm of france , where yet commonly the authority of kings is thought most ample , laws were heretofore enacted in the assembly of the three estates , or in the kings ambulatory councell ; but since there hath been a standing parliament , all the kings edicts are void , unlesse the senate approve them ; when as yet the arrests of that senate or parliament , if the law be wanting , even obtain the force of a law : so in the kingdoms of england , spain , hungarie , and the rest , there is , and of old hath been the same law : for if kingdoms depend upon the conservation of their laws , and the laws themselves should depend upon the lust of one homuncio , would it not be certain , that the estate of no kingdom should ever be stable ? would not the kingdom necessarily stumble , and fall to ruine presently , or in a short space ? but if as we have shewed , the lawes be better and greater than kings , if kings be bound to obey the laws , as servants are to obey their lords , who would not obey the law rather then the king ? who would obey the king violating the law ? who will or can refuse to give ayd to the law thus infringed ? fiftly , that all publike great officers , judges , magistrates , and ministers of all realms , are more the officers and ministers of the kingdom , than the kings , and anciently were , and now ought to be of right elected onely by the kingdom , parliament , people , and not removable but by them : which is largely proved by iunius brutus vindiciae contr . tyrannos , qu. , , ● . de jure magistratus in subditos , qu. , , , , . with others , the histories forecited , and hotomani francogallia , c. , , , , . . that kings and emperors have no absolute power over the lives , * liberties , goods , estates of their subjects to dispose of them , murther , imprison , or strip them of their possessions at their pleasure ; but ought to proceed against them in case of delinquency according to the known lawes and statutes of their realmes : this truth is abundantly evidenced by all the premises ; by magna charta , c. . and all statutes , law-books in affirmance of it ; by resolution of the judges in henry . his reigne , brook. corone . that it is felony to slay a man in justing , and the like , notwithstanding it be done by command of the king , for the command is against the law ; and of judge fortescue , . h. . . that if the king grant to me , that if i kill such a man , i shall not be impeached for it , this grant is void and against law. by junius brutus , vindiciae contra tyrannos , quast . . p. , to . and the treatise de jure magistratus in subditos in sundry places , where this undeniable verity is largely proved , confirmed , and by others forecited . seventhly , that emperours , kings , princes are not the true proprietory lords or owners of the lands , revenues , forts , castles , shipps , iewels , ammunition , treasure of their empires , kingdoms , to alienate or dispose of them at their pleasures ; but onely the guardians , trustees , stewards , or supervisors of them for their kingdoms use and benefit , from whom they cannot alien them , nor may without their consents or privities lawfully dispose of them or any of them , to the publike prjudice ; which if they doe their grants are void and revocable . this proposition n formerly ratified by many reasons , authorities , & sundry historicall passages in this appendix , is not only evident by the metropolitans usuall speech to all elected kings , ( prescribed by the roman pontificall , ratified by the bull of pope clement the eight , o where the metropolitan , when any king is presented to him to be crowned , first demands of the bishops , who present him ; do you know him to be worthy of and profitable to this dignitie ? to which they answer , we know and beleeve him to be worthy and profitable to the church of god , and for the government of this realme : after which the metropolitan among other things , useth this speech unto him , thou shalt undeniably administer iustice , without which no society can continue towards all men , by rendring rewards to the good , punishment to the evill , &c. and shalt so carry thy self that thou maist be seen to reign not to thine own , but to all she peoples profit , and to expect a reward of thy good deeds , not in earth but in heaven ; which he immediately professeth with a solemn oath , to perform to the uttermost of his power and knowledge ; ) but likewise professedly maintained by iustus eccardus de lege regia , marius salamonius de principatu , hugo grotius de iure belli , & pacis , l. . c. sect . . lib . c. . . hotomani franco-gallia , c. . . . ruibingius , l. . class . . c. . n. . ioannis mariana , hist. l. c. . l. . c. l. . c . albericus gentilis , de iure belli , l. . c. . cuiacius , c . de iure iurando , decius , cons . . . cephalus , concil . . alciatus , l. . de v. s . l. . c. de pact . baldus proaem . digest . and by iunius brutus vindicia contra tyrannos , qu. . p. . to . who handles this question professedly , whether that the king be the proprietory lord of the publike royall patrimany of his kingdom , or the vsufractuary of it ? determining cleerly that he is not . i shall transcribe the most of his dicourse ; this head we must handle a little more accurately . this is first to be observed , that the patrimony of the exchequer is one thing , of the prince another thing ; i say , the things of the emperour , king , prince are one thing , the things of antonine , p henry , philip another : the things of the king are those , which he as king possesseth ; the things of antonine , those which he hath as antonine , and those verily he received from the people , the other from his parents . this distinction is frequent in the civill law , wherein the patrimonie of the empire is said to be one thing , of caesar another , the exchequer of caesar one thing , the treasury of the republike another , the treasurer of caesar one person , of the emperiall exchequer another , the courts of sacred donations , others from those of private things ; so that he who as emperour is preferred before a private man in a pledge , may sometimes be placed after him as antonine . likewise in the german empire , things of marimilian of austria are one kinde of things , of maximilian the emperour another ; the treasurers of the empire others , and of himself other from them ; likewise by another law , the hereditary possession of princes are different , from those which are annexed to the dignities of the electorship . yea , even among the turks the patrimoniall grounds or gardens of selymus are one thing , the fiscall ground another ; and those verily are spent on the princes table , these onely in sustentation of the empire . yet there are kingdoms , as the french , english , and the like , wherein kings have no private patrimonie , but onely the republike received from the people , in which therefore this distinction is not used . now as for the private goods of princes , if there be any , there is no doubt but they are the proprietors of them , no otherwise then private citizens ; and by the civill law they may sell and divide them at their pleasure ; but verily of the exchequer , kingdom , royall patrimony , which is usually called demesnes , they can with no reason be called the proprietory lords . for what ? whether because one hath made thee a shepheard for his flocks sake , hath he delivered it thee to fley , divide , doe with it , and strike it at thy pleasure ? whether because the people have constituted thee a captain or judge of some citie or county , have they given thee power of alienating , selling destroying that citie or county ? and surely there is made an alienation of the people together with the region or countie , have they therefore given thee authority of severing , prostituting , enslaving them to whom thou wilt ? furthermore , is the royall dignitie a possession , or rather a function ? if a function , what community hath it with a propriety ? if a possession , whether not at least such an one , that the same people by whom it is delivered , may perpetually retain the propriety to it self ? finally , if the patrimonie of the eschequer , or demaines of the republike , be truely called a dower , and truely such a dower , by whose alienation or delapidation both the republike it self and kingdom , and king himself finally perisheth ; by what law at last , shall it be lawfull to alienate this dower ? therefore let wenceslaus the emperour be infatuated , let charles the sixth king of france be distracted , and give or sell the kingdom or a part thereof to the english ; let malchom king of scotland prodigally spend the crown land , and royall treasure , what will follow ? those who have chosen a king against the invasions of forraigners , by the folly or madnesse of the king shall be made the servants of forraigners ; those who by this means would severally desire to secure their estates , shall all of them together be exposed to a prey ; those things which every one shall take from himself or from his pupils , as in scotland , that he mightendow the commonwealth , some bawd shall riotously consume . but if , as we have already often said , kings be created for the peoples use , what use at all shall there be , if not onely the use , but even the abuse be granted ? to whose good are so many evils ? to whose benefit so many losses , so many perils ? if , i say , whiles i desire to look after my liberty or safetie , i make my selfe a slave , i expose my selfe to the lust of one man , i put my self into fetters and stocks ? therefore we see this law , as it is infused by nature , so likewise it is approved by use almost among all nations , that it is not lawfull for the king to diminish the commonwealth at his pleasure ; and he who doth contrary , is censured to play not the king , but tyrant . certainly where kings were created , there was a necessity to give them some revenues , by which they might both support their royall state , but most principally sustain the royall burthens , for so both honesty and profit seemed to require . it pertained to the royall office to see judges placed every where , who should not take gifts , and who should not prostitute the law to sale ; moreover , to provide a force ready at hand which should assist the law when ever there should be need ; to preserve the wayes safe , commerce safe , &c. but if warre were feared ; to sortifie cities with a garrison , to inviron them with a trench against enemies , to maintain an army , to furnish armories . now this is a know proverb , that peace cannot consist without warre , nor war without souldiers , nor souldiers without wages , nor wages without tribute : therefore to sustaine the burthens of peace , the demesne was instituted , ( which among the lawyers is called canon ) to defray the charges of warre , tribute ; yet so , as if some more heavy charge should accrue , an extraordinary ayde given by parliament should supply ; the end of all which verily , is the good of the commonwealth , so as he that converts it to his private use , is plainly unworthy the name of a king . for a prince , saith paul , is the minister of god for the peoples good , and tributes and customes are paid to him , that he may continually attend thereto ; and truely heretofore almost all customs of the romanes seem to have had this originall , that the precious merchandize used to be brought out of india , arabia , aethiopia might be secured against piraticall invasions , for which cause a navie was furnished ; of which kinde was the tribute of the red-sea , pedatica , navigia , portoria , and the rest ; that the publike wayes , ( which were therefore called pretorian , consular , royall ) should be rendred safe from theeves plain and easie ; which charge even now lieth upon the kings attorny ; that the publike bridges should be repaired , as appears out of the constitution of lewes the godly ; twelve over seyne ; that ships should be ready at hand to transport men over rivers , &c. there were no tributes of saltpits , yea , most of them were in the dominion of private men ; because what things nature did voluntarily give , they thought ought no more to be sold , then light , ayre , water . and whereas a certain king named lycurgus , had begun to impose a tax on salt pits , as if nature would not suffer her liberality to be restrained , they are said to have been presently dried up ; although at this day , if we beleeve palphur or armilot , whatever good , or faire thing can be got out of the whole sea , in each realme it flowes , some custome to the kings exchequer owes . he who first instituted this custome at rome , was livius censor , whence he obtained the surname of salinator , which he did for the most present necessity of the commonwealth . for that very cause truly , king philip obtained it onely for five yeares , whose continuation what commotions it hath produced , every man knoweth : finally , that tributes were instituted to pay souldiers wages in warres , appeares even from this , that to make a province stipendary or tributary , is the selfe-same thing indeed . thus solomon imposed tributes to fortifie cities , and to furnish a publike armory , which because they were finished , the people under rehoboam desired to be eased thereof : yea , the turkes themselves call the tribute of princes , the sacred blood of the people , which profusely to spend , or to convert to any other use , but to defend the people , is a cursed act . therefore what things soever a king acquires in warres in every nation , because he gaines it by the common treasure , he acquires it to the people , not to himselfe , as a factor doth to his master : moreover if perchance he gaine any thing by marriage ( which i say , is pure and simply his wives ) he is thought to acquire it to the kingdome , because he was presumed to marry that wife , not as he is philip or charles , but as he is king. on the contrary , as queenes have part of those things which their husbands not yet coopted into the kingdome have gained during the marriage ; so plainly they have no part of those things they get after they have obtained the kingdome , because they are reputed gained to the publike treasures , not to the private meanes of the king , which was judged in the realme of france , between philip valoyes and ioan of burgundy his wife . now , lest the monies should be extorted to some other use , the emperour sweares , that he will impose no customes , nor enjoyne no taxes , but by the authority of a publike assembly . the kings of poland , hungary , denmarke , england doe the like out of the lawes of edward the first . the french kings heretofore demanded tributes in the assemblies of the three estates ; hence also is that law of philip valoyes ; that impositions should not be imposed but upon great and urgent necessity , and that by the consent of the three estates : moreover in times past those taxes were laid up in castles throughout every diocesse , and delivered to selected men ( they even now call them elected ) to be kept , by whose hand the soldiers enrolled in every town , should receive their wages , which was also usually done in other countries , as in the belgick ; at this day at least , whatsoever things are commanded , are not confirmed , unlesse the parliament consent . now there are some provinces , which are not bound by covenant , but by the consent of the estates , as languedoc , britain , province , dolphenie , and some others ; and in the netherlands clearly all . finally , lest the eschequer , swelling like the spleen , whereby all the other members do pine away , should draw all things to it self , every where a due proportion is allotted to the eschequer . since therefore at last it appeares , that the tributes , customes , demesall , that which they call demesnes , ( under which names portages , imposts , exposts , royalties , wrecks , forfeitures , and such like are comprehended ) which are ordinarily or extraordinary given to kings , were conferred on them for the benefit of the people , and supportation of the kingdome , and so verily ; that if these nerves should be cut in sunder the people would fall to decay , these foundation being under-mined , the kingdome must needs fall to the ground ; it truely followes , that he who to the prejudice of the people burthens the people , who reaps a gain out of the publike losse , and so cuts their throat with their own sword , is not a king , but a tyrant : contrarily , that a true king , as he is a survey or of the publike affaires , so likewise an administrator of the publike riches , but not a proprietary lord , who can no more alienate or dissipate , the royall demesnes , then the kingdome it selfe ; but if he shall demene himselfe otherwise ; verily as it is behoovefull to the republike , that every one should use his own proper goods well , much more is it beneficiall for the commonweal , that every one should use the publike estate well . and therefore if a lord who prodigally spends his estate , is by publike authority deduced to the wardship of his kinsmen , and family and compelled to abstaine from his possessions ; then truly much more justly , the gardian of the republike , who converts the publike administration of all wealth into the publike destruction , or utterly subverts it , may justly be spoiled , by those whom it concernes , and to whom it belongeth out of office , unlesse he desists upon admonition . now that a king in all lawfull empires is not a proprietary lord of the royall patrimony , is easie to be manifested . that we may not have recourse to those most ancient ages , whose image we have in the person of ephron king of the hittites , who durst not verily sell his field to abraham , without the peoples consent ; that very law is at this day used in all empires . the emperour of germany before he is crowned , sacredly swears , that he will alienate , distract , or morgage nothing of those things which appertain to the empire , and the patrimony of the empire ; but if he recovers or acquires any thing by the publike forces , that it shall come to the empire , not to himself . therefore when charles the fourth , that wenceslaus his sonne might be designed emperor , had promised an crowns to every one of the electors , and because he had no ready monies , had obliged to them by way of pawne to this end , the imperiall customs , tributes , townes , proprieties and rights ; there arose a most sharp dispute about it , and the most judged the morgage to be void ; which verily had not availed , unlesse that morgage had been gainfull to those very men , who ought to defend the empire , and principally to oppose that morgage : yea , therefore wenceslaus himself was compelled , as incapable , to deprive himself of the empire , because he had suffered the royall rights , especially the dukedome of millain to be taken from him . in the polish kingdom there is an ancient law , of not alienating the lands of the kingdom of poland , renewed an. m.ccclxv by king lewes : there is the same law in the realm of hungary , where we reade , that andrew king of poland , about the year m. ccxxi . was accused before pope honorius the third , that neglecting his oath , he had alienated the crown lands . the like in england in the law of k. edward , an. m.ccxcviii . likewise in spain by the constitution made under alphonso , renewed again mdlx in the assembly at toledo ; which lawes verily were enacted , when as custome for a long time before had obtained the force of a law. but verily in the kingdome of france , wherein , as in the pattern of the rest , i shall longer insist , this law was ever sacrosanct : it is the most ancientest law of the realme , i say , the law born with the kingdom it self , of not alienating the crown ( or demesne ) lands , renewed in the year m , d , . although it be ill observed . two cases onely are excepted , panage or apennage ( aliments ) to be exhibited to his children or brethren , yet so as the clintelary right be alwayes retained ; again , if warlike necessitie require it , yet with a pact of reddition , yet in the interim both of them were heretofore reputed void , unlesse the assembly of the three estates had commanded it ; but at this day , since a standing parliament was erected , it is likewise void , unlesse the parliament of paris , which is the senate of peers , and the chamber of publike accounts shall approve it , and the presidents of the eschequer also by the edict of charles the and . and this is so farre forth true , that if the ancient kings of france would endow any church , although that cause then seemed most favourable , they were bound to obtain the consent of the nobles ; as king childebert may be for an example , who without the consent of the french and normans , durst not endow the monastery of s. vincents in paris , as neither clodoveus the second , and the rest . moreover , they cannot release the royalties , or the right of nominating prelates to any church ; but if any have done it , as lewes the eleventh in favour of the church of sennes , and philip the fourth of augiers , philip augustus of naverne , the parliament hath pronounced it void . the king of france , when he is to be crowned at rheimes , sweares to this law , which if he shall violate , it avails as much as if he contracted concerning the turkish or persian empire . hence the constitutions , or as they callit , the statutes of philip the sixt , john the d , charles the fift , sixt , eight , of resuming those things which were alienated by their ancestors , ( of which resumptions there are many instances cited by hugo grotius de jure belli & pacis , l. . c. . n. . . & adnotata ibid. ) hence in the assembly of the three estates at towres ( an. . . . . . ) in which charles the eight was present , many towns of the alienation of lewes the eleventh his father , which he had by his own authoritie given to tancred castellan , who demerited well of him , were taken from his heirs ; which even in the last assembly of the three estates held at orange , was again decreed . thus concerning publike lands . but that it may the more evidently appeare , that the kingdome is preferred before the king , that he cannot by his private authoritie diminish the majestie which he hath received from the people , nor exempt any one from his empire , nor grant the right of the soveraign dominion in any part of the realm ; charles the great once endeavoured to subject the realm of france to the german empire ; but the french vehemently withstood it , a certain vascon prince making the oration : the matter had proceeded to arms , if charles had proceeded further . likewise , when some part of the realm of france was delivered to the english , the supreme right was almost perpetually excepted ; but if force extorted it at any time , as in the brittish league , wherein king iohn released his soveraign right in gascoigne and poytiers , the king neither kept his contract , neither could or ought he more to keep it , then a captain , tutor or guardian , as then he was ; who that he might redeem himselfe , would oblige the goods of his pupils . by the same law the parliament of paris rescinded the agreement of the flusheners , wherein charles of burgundy extorted ambian , and the neighbour cities from the king ; and in our time the agreement of of madrit , between francis the first a captive , and charles the fift the emperour , concerning the dukedome of burgundy was held void ; and the donation of charles the sixt of the kingdom of france by reason of death , conferred on henry king of england , may be one apt argument of his extreme madnesse , if others be wanting . but that i may omit other things which might be said to this purpose , by what right at last can a king give or sell his kingdom or any part thereof , seeing they consist in the people , not in the walls ? now there is no sale of free men , when as land-lords cannot so much as constrain their free tenants , that they should settle their houshold in any other place then where they please ; especially seeing they are not servants , but brethren ; neither onely are all kings brethren , but even all within the royall dominion ought to be so called . but whether if the king be not the proprietorie of the realme , may he not at least be called the usufructuary , or receiver of the profits of the crown lands ? truely , not so much as an usufructuary . a usufructuary can pawn his lands , but we have proved , that kings cānot morgage the patrimony of the crown . a fructuary can dispose or give the profits at his pleasure ; contrarily , the great gifts of the king are judged void , his unnecessary expences are rescinded , his superfluous cut off ; what ever he shall convert into any other but the publike use , he is thought to have violently usurped . neither verily is he lesse obliged by the cincian law , then any private citizen among the romanes , especially in france where no gifts are of force without the consent of the auditors of the accounts . hence the ordinary annotations of the chamber under prodigall kings ; this donation is too great , and therefore let it be revoked . now this chamber solemnly swears , that whatsoever rescript they shall at any time receive from the king , that they will admit nothing which may be hurtfull to the kingdom and commonweale . finally , the law cares not how a fructuary useth and enjoyeth his profits ; contrarily , the law prescribes the king in what manner , and unto what use he ought to put them . therefore the ancient kings of france were bound to divide the rents into four parts ; one part was spent in sustaining the ministers of the church , and the poor , another upon the kings table , the third on the wages of his houshold servants , the last in the repaire of royall castles , bridges , houses ; the residue , if there were any , was laid up in the treasury . verily what stirs there were about the year in the assembly of the three estates at paris , because charles the sixt had converted all things into his and his officers lusts , and that the domestick accounts , which before had not exceeded thousand french crowns in such a miserable estate of the republike , had increased to the sum of five hundred and forty thousand crowns , is sufficiently evident out of histories : now as the rents of the crown were thus lessened , so also the oblations and subsidies were spent upon the warre , as the taxes and tallages were onely destinated to the stipends of souldiers . in other realms the king verily hath not any more authority , yea , in most he hath lesse , as in the germane and polish empire : but we would therefore prove this to be so in the realm of france , lest by how much any man dares to doe more injury , by so much also he might be thought to have more right . in summe , what we have said before , the name of a king sounds not an inheritance , not a propriety , not a perception of profits , but a function , a procuration . as a bishop is instituted for the cure and salvation of the soul , so the king of the body , in those things which pertain to the publike goods ; as he is the dispenser of sacred goods , so the king of prophane , and what power he hath in his episcopall , the same , and no greater hath the king in his dominicall lands ; the alienation of the episcopall lands without the consent of the chapter , is of no validitie , so neither of the crown land without a publike parliament or senate of the estates ; of sacred revenews one part is designed to aedifices , another to the poor , a third to companions , a fourth to the bishop himself ; the same verily almost we see the king ought to do in dispensing the revenewes of the kingdom . it hinders not , that the contrary every where is at this day usurped : for the duty of bishops is not any way changed , because many bishops sell those things from the poor , which they spend upon bawds , or wast all their mannors and woods ; nor yet that some emperours have attributed all kinde of power to themselves , for neither can any one be judge in his own cause . but if any cararalla hath said , that so long as his sword remains , he would want no money ; adrianus caesar will also be present , who shall say , that he would manage the principality , so as all should know , that it was the peoples goods , or inheritance , not his own ; which one thing almost distinguisheth a king from a tyrant : not , that attalus king of pergameni , ordained the people of rome heirs of his realme ; that alexander bequeathed the kingdom of aegypt , ptolomie of the cyrenians , to the people of rome , or prasutagus of the iceni to caesar ; verily this great power cannot debilitate the force of the law , yea , by how much the greater it is , by so much the lesse it hurts our law ; for what things the romanes seized upon by pretext of law , they would notwithstanding have seized on by force , if that pretext had been wanting : yea , we see almost in our times , the venetians , by pretext of a certain imaginary adoption , which without force had been plainly ridiculous , to have taken the kingdom of cyprus . nor yet doth the donation of constantine to pope sylvester hinder , for this chaffe seemed absolete long since to gratian , and is damned to the fire . not the donation of lewes the godly to paschall , to wit , of rome , with part of italy , because pius gave that which he possessed not , and no man resisted ; but charles , his father , willing to subject the realm of france to the german empire , the french resisted him by law ; and if he had gone further , they prepared to resist by sorce not , that solomon as we read , delivered twenty cities to hiram king of tyre , for he did not give them , but pawned them as a creditor till he paid him , and within a short time recovered them , which appears out of the text ; moreover also they were barren grounds , tilled by reliques of the heathens , which he receiving again from hiram , gave them at last to the israelites to be tilled and inherited . neither can this more hinder , that in certain kingdoms this condition perchance doth not so expresly intervene betweene the king and his people ; for albeit it were not at all , yet it appears by the law of nations , that kings are not subverters , but moderators of the republike , that they cannot change the right of the commonwealth by their pactions ; that they are lords onely when they take care of their pupils , that they are to be accounted no other then guardians ; and that he is not to be esteemed a lord , who spoils the city with liberty , and selleth it like a slave . not finally , that certain kingdoms are gained by kings themselves , for they acquired not kingdoms by their owne , but by publike hands , forces , treasures ; now nothing is more consonant to reason , then that those things which are gotten by the publike riches , and common dangers of the citizens , should not be alienated without common consent , which holds place even amongst theeves themselves ; he destroyeth humane society , who doth the contrary : therefore though the french have by force seized on the german empire , and they also on the realm of france , yet the same law holds in both . in sum , at last we ought to determine , that kings are not proprietors , nor fructuaries , but onely administratours ; and since it is so , that verily they can much lesse attribute to themselves the propriety and profits of every mans private estate , or of the publike wealth which belongeth to every town . thus and much more this accute learned lawyer , to the conviction and refutation of all opposite ignoramusses in this case of grand concernment , which will put a period to our unhappy controversies concerning the militia , ( * formerly discussed ) without further debate . eighthly , that emperours and kings are most solemnly obliged by a covenant and oath , usually made to , and before all the people at their coronations , to preserve their peoples lawes , liberties , lives , estates ; by breach whereof in a wilfull excessive manner , they become perjured tyrants , and the people and magistrates are in some sort thereby absolved from their allegiance , and all obedience to them . this is evidently and plentifully confirmed by the q forecited coronation oathes , and covenants of our own english kings to their subjects , by de jure magistratus in subditos , quaest . . p. . . and quaest . p. . to . andrew favine his theatre of honour , lib. . c. . . francisci hotomani franco-gallia , cap. . . &c. hugo grotius de jure belli & pacis , l. . c. . . pontificale romanum , romae . fol. , . descripti● coronationis maximiliani imperatoris , anno . inter reruns german scriptores , tom. . p. . olaus magnus de gent. septentrionalibus hist . l. . c. . laur. bochellus decreta ecclesiae gallicanae , l. . tit. . c. . p. . m. john seldens titles of honour , part . . ch . . sect . . p. . . . . ( where the coronation , oathes of the emperour , french king , of all the northern kings , and of most elective and successive kings and queens to their subjects , are at large recorded : ) alhusius polit. c. . justus eccardus de lege regia ; thomas aquinas de reg. principis , c. . & . qu. ● . . art . . iohn ponet bishop of winchester in his politicall government . arnisaeus de authoritate principum , p. . to . sparsim . vasquius contro . illustr . passim . ioannis mariana de rege & regis instit. l. . c. . . . georg. buchanon de iure regni apud scotos . simancha pacensis de catholica . instit . tit. . n. p. . franciscus tolletus in summa l. c. huldericus zuinglius ; explan . artic. . . . and , to omit all others , iunius brutus in his vindiciae contra tyrannos , quaest . . p. . to . with whose words i shall fortifie and irradiate this position : we have said , that in constituting a king a double covenant is entred into ; the first between god , the king and people , of which before ; the second , between the king and the people , of which we are now to treat . saul being ordained king , the royall law was delivered to him , according to which he should rule . david made a covenant before the lord in hebron ; that is , calling god to witnesse , with all the elders of israel , who represented all the people , and then at last he was annointed king . ioas also made a covenant with all the people of the land in the house of the lord , iehoiada the high priest going before them in words : yea , the testimony is said to be imposed on him together with the crown ; which most interpret the law of god , which every where is called by that name . likewise iosiah promised , that he would observe the precepts , testimonies and statutes comprized in the book of the covenant ; by which names we understand the lawes which appertained as well to piety as to justice . in all which places of scripture , a covenant is said to bee made with all the people , the whole multitude , all the elders , all them ●n of iudah ; that we may understand , which is likewise severally expressed , not onely the princes of the tribes , but likewise all the chi●arkes , centurions , and inferior magistrates were present , in the name of the cities , which every one a part by themselves made a covenant with the king . in that covenant they consulted of creating the king , for the people did make the king , not the king the people . therefore there is no doubt , but the people made the covenant , and the king promised to perform it . now the part of him that makes the covenant is reputed the ●etter law : the people demanded of the king , whether he would not rule justly and according to the lawes ? hee promised that he would doe so : whereupon the people answered , that hee reigning justly , they would faithfully obey him . therefore the king promised absolutely ; the people , but upon condition ; which if it were not fulfilled , the people by the law it selfe should bee reputed absolved from all obligation . in the first covenant or pact , pietie comes into the obligation , in the second , iustice : in that , the king promiseth , that he will seriously obey god ; in this , that he will justly rule the people ▪ in that , that he will take care of the glory of god ; in this , of the benefit of the people ; in that there is this condition , if thou shalt observe my law ; in this , if thou shalt render iustice to every one : of that , if it be not fulfilled , god properly is the avenger ; of this , lawfully all the people , or the peers of the realm , who have taken upon them to defend all the people . now in all just empires , this hath been perpetually observed . the persians having duely finished their sacrifices , made this agreement with cyrus , thou first . o cyrus , if any make warre with the persians or violate the lawes , doest thou promise to ayde thy countrey with all thy might ? and as soon as he had promised . we persians , say they , will be aiding to thee , if any will not obey thee , defending thy countrey : xenophon calls this agreement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , a confederation , as socrates an oration of the duty of subjects towards their prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : between the kings of sparta and the ephori , a covenant was renewed every month ; and as the kings did swear , that they would reign according to the laws of the countrey ; so the ephori , if they did so , that they would establish the kingdom in their hand . likewise in the kingdom of the romanes , romulus made this contract with the senate and people , that the people should make lawes , that the king himself would keepe the lawes made ; that the people should decrée warre , himself wage it . and although many emperours obtained the empire of the romans rather by force and ambition , then by any right , and by the royall law , as they call it , arrogated all kinds of power to themselves ; yet the* fragments of that law , which are extant as well in books as in roman inscriptions , sufficiently teach ; that a power was granted them , of caring for and administring , not of subverting the common-weal and oppressing it by tyranny . moreover , even good emperours professed , that they were bound by the lawes , and acknowledged their empire received from the senate , and referred all the weightiest affaires to the senate , and they judged it unlawfull to determine any thing of great publike concernment without their aduice . but if wee behold the present empires , there is not one of them which may be thought worthy of that name , wherein there is not some such covenant intervening between the prince and subiects . in the german empire , not long since , the king of romanes being to be crowned emperour , was wont to make fealty and homage to the empire , no otherwise then a vassall ( or tenant ) to his lord , when he received investiture of his lands . and although the conceived words , to which he sware , be a little changed by popes , yet the same thing remains perpetually . therefore we know that charles the . of austria was created emperour upon certain lawes and conditions , as likewise others , who have succeeded him ; of which the summe was ; that he would keep the lawes enacted ; that he would make no new lawes , without the electors consents ; that he would determine publike affaires in a publike counsell ; that he would alienate or pervert none of these things which pertained to the empire ; with other things which are severally recited by historiagraphers : and when as the emperour is crowned at achen , the archbishop of colen first demands of him ; whether he will not defend the church , administer justice , preserve the empire , , protect widowes , orphans , and all worthy of pitty ? which when he hath solemnly sworn to perform before the altar , the princes and those who represent the empire , are demanded , whether they will promise to fealty him ? neither yet is he first annointed , or receives a sword , ( of purpose to defend the republike ) or other ensignes of the empire , before that he shall have taken that oath . from whence verily it is manifest , that the emperour is purely obliged , the princes of the empire upon condition onely . ſ no man will doubt but that the same is observed in the kingdom of poland , who shall understand the ceremonies very lately observed in the election and coronation of henry of angiers : especially , the condition propounded to him of conserving both religions , as well the evangelicall as roman , which the nobles thrice demanding of him in set forme of words , he thrice promised to perform . in the hungarian , bohemian , and other kingdomes , which would be over-long to recite , the very same is done . neither onely , where the right of election hath continued yet entire hitherto , but likewise where meer succession is commonly thought to take place , the very same stipulation is wont to intervene . when the t king of france is crowned , the bishops of laudune and belvace ecclesiasticall peers , first demand of all the people that are present , whether they desire and command him to be king ? whence even in the very forme it self of inauguration , he is said to be elected by the people . when the people seem to have consented , he sweares : that he will universally defend all the lawes , priviledges , and rights of france , that he will not alienate his demesnes , and the like ( i shall here insert the oath out of bochellus , mr. selden , and others intirely , thus : archiepiscopi ammonitio ad regem dicendo ita ( in the name of all the clergy . ) a vobis perdonari petimus , ut vnicuique de nobis & ecclesiis nobis commissis , canonicum privilegium , & debitam legem atque justitiam conservatis , & defensionem exhibeatis , sicut rex in regno suo debet unicuique episcopo , & ecclesiae sibi commissae . responsio regis ad episcopos . promitto vobis & perdono , quia vnicuique de vobis & ecclesiis vobis commissis canonicum privilegium , & debitam legem atque justitiam conservabo , & defensionem quantum potuero exhibebo , domino adjuanente , sicut rex in suo regno unicuique episcopo & ecclesiae sibi commissae per rectum exhibere debet . item , haec dicit rex , & promittit & firmat juramento . haec populo christiano & mihi subdito , in christi nomine , promitto : in primis , vt ecclesiae dei , omnis populus christianus veram pacem nostro arbitrio in omni tempore servet ; & superioritatem , jura , & nobilitates coronae franciae inviolabiliter custodiam , et illa nec transportabo nec alienabo . item , ut omnes repacitates & omnes iniquitates omnibus gradibus interdicam . item , ut in omnibus judiciis aequitatem & misericordiam praeoipiam , ut mihi & vobis indulgeat per suam misericordiam clemens & misericors dominus . item , de terra mea ac jurisdictione mihi subdita universos haereticos ecclesia denotatos , pro viribus bona fide exterminare studebo . haec omnia praedicta firmo juramento . tum manum apponat libro & librum osculetur ) these things , though they have been altered , and are farre different from the ancient forme of the oath which is extant in the library of the chapter of belvace , to which philip the first is found to have sworn ; yet notwithstanding they are plainly enough expressed : neither is the king girt with a sword , annointed , crowned by the peeres ( who even themselves are adorned with coronets ) or receives the scepter or rod of iustice , or is proclaimed king , before the people have commanded it ; neither doe the peeres themselves swear fealty and homage to him , untill he shall have given his faith unto them , that he will exactly keep the lawes : now those are , that hee shall no● w●ste the publike patrimony : that he shall not impose nor enjoyn customes , taxes , tributes at his owne pleasure , nor denounce warre , or make peace ; finally , that he shall determine nothing concerning the publike affaires , but in a publike councell : also , that the senate , the parliaments , the officers of the kingdome shall constantly enjoy their severall authorities ; and other things which have been alwayes observed in the realm of france . yea verily , when he enters into any province or city , hee is bound to confirm their priviledges , and he binds himselfe by oath to preserve their lawes and customes : which custome takes place by name among those of tholouse dolphenie , britanny , province and rochel ; whose agreements with kings are most expresse ; all which should be frustrate , unlesse they should be thought to hold the place of a condition in the contract . * yea charles the . made a peace with philip duke of burgundy ( whose father iohn he had treacherously slain ) with this expresse clause contained in it , confirmed with the kings own seale ; that if he should break this agreement , his tenants , feudataries , and subjects present and to come , should not be thenceforth bound either to obey or serve him , but rather the duke of burgundy and his successours , and that they should be freed and absolved from all the fealty , oathes , promises , obligations and duties whatsoever , under which they were unjustly obliged by charles . the like we read between king lewis and charles the bald. yea , pope iohn the . in the treaty between philip the long of france , and the flemmings , caused it to be set downe , that if the king did infringe the treaty , it might be lawfull for his subjects to take armes against him ; and if was usuall among the first kings of france in their treatises with other princes , to sweare , that if they brake the treaties made by them , their subjects shall be free from their obedience , as in the treaty of arras and others . the oath of the ancient kings of burgundy is extant in these words , i will conserve law , justice , and protection to all men . in england , scotland , sweden , donmarke , there is almost the same custome as in france , and verily no where more directly then in spain . for in the kingdome of arragon , many ceremonies being dispatched between him who represents the justice of arragon , or publike majesty , who sits in an higher throne , and having read the lawes and conditions , which he is to observe who is to be crowned king. who doth fealty and homage to him , the nobles at last speake thus to the king in their owne language ; we , who are as powerfull as you ( for so the spanish idiom imports ) and can doe more then you , have chosen you king upon these and these conditions , betwéen you and us there reignes one greater then you ; ( to wit , the iustice of a●ragon . ) now lest he should think he had sworn those things onely perfunctorily , or onely for to observe the old custome , these very words are wont to be repeated every third yeere in the publike assembly : but if he shall grow insolent trusting to his royall power , shall violate the publike lawes , finally , shall neglect the oath he hath taken ; then verily by the law it selfe , he is deemed excommunicated with that grandest excommunication ( or anathema ) wherewith the church in former times excommunicated iulian the apostate ; whose force truly is such ; that no more prayers may be conceiued for him , but against him ; and they themselves are clearly absolved from their oath and obligation by that law , whereby a vassall out of duty ought not to obey an excommunicated lord , neither is bound to do it by his oath ; which is ratified among them by the decree both of a councell , and of a parliament or publike assembly . likewise in the kingdome of castle an assembly being summoned , the king that is to be crowned , is first publikely admonished of his duty ; after which , most expresse conditions are read , which pertaine to the profit of the republike : then the king sweares , that he will diligently and faithfully observe them ; then at last the great master of the knights b●nds himselfe to him by oath , whom the other princes and deputies of cities afterwards follow every one in his order ; which also is in like manner observed in portugall , le●n , and the other kingdomes of spain . neither verily , were lesser principalities instituted by any other law. there are extant most expresse agreements of the brabanders , of the other people of belgia , austria , carintha , and other provinces , made with their princes , which verily have the place of conditions ; but the brahanders expresly , that place might not be left to any ambiguity , have expressed this condition . for in inaugurating their duke , in ancient conventions , wherein there is almost nothing wanting for the preservation of the republike , they being all read over before the duke , they protest openly and plainly to him , that unlesse he shall observe them all , that it shall be frée for them to chuse another duke at their pleasure : which conditions he embracing and willingly acknowledging , he then binds himselfe by oath to observe them , which was also observed in the inauguration of philip the last king of spaine . in sum , no man can deny , but that there is a mutuall binding contract between the king and subjects , to wit , that he raigning well , shall be well obeyed : which verily is wont to be confirmed with an oath by the king first● , afterwards by the people . now verily i demand here , why any man should sweare , but that he may shew that he speaks from his heart and seriously ? whether truly is there any thing more agreeable to nature , then that those things which have pleased us , should be observed ? moreover , why doth the king swear first , at the peoples stipulation or request , but that he may receive either a tacit or expresse condition ? but why is a condition annexed to a contract , but onely to this end , that if it bee not fulfilled , the contract should become voide in law it selfe ? but if through default of performing the condition , the contract be voide in law it selfe , who may call the people perjured , who shall deny obedience to a king , neglecting that condition which hee might and ought to fulfil & violating that law to which he hath sworn ? yea , who on the contrary would not account the king saedifragous , perjurious & altogether unworthy of that benefit ? for if the law freeth the vassal from the bond of his tenure , against whom the lord hath committed felony or perjury , although the lord truly doth not properly give his faith to his vassall , but his vassall to him : if the law of the twelve tables commands a patron who defrauded his client to be detestable : if the civil laws permit a villain enfranchised an action against the outragious injury of his lord ; if in these cases they free a servant himself from his masters power , wheras yet there is only a naturall not civill obligation therein , ( i shall adde out of * dejure magistratus in subditos . ●f in matrimony , which is the nearest and strictest obligation of all other between men , wherin god himselfe intervenes as the chief author of the contract , and by which those who were two are made one flesh , if the one party forsakes the other , the apostle pronounceth the party forsaked to be free from all obligation , because the party deserting violates the chief condition of marriage , &c. ) shal not the people be much more absolved from their allegiance which they have made to the king , if the king , who first solemnly sweares to them , as a steward to his lord , shall break his faith ? yea verily whether if not these rights , not these solemnities , not these sacraments or oathes should intervene , doth not nature it selfe sufficiently teach , that kings are constituted by the people , upon this condition , that they should reign well ? iudges , that they shall pronounce law ? captaines of warre , that they should lead an army against enemies ? but and if so be they rage , offer injury , so as themselves are made enemies , as they are no kings , so neither ought they to be acknowledged by the people . what if thou shalt say , that some people subdued by force , the prince hath compelled to swear to his commands ? what , say i , if a thiefe , a pyrate , a tyrant , with whom no society of law or right is thought to be , should with a drawn sword violently extort a deed from any one ? is it not known , that fealty extorted by force bindeth not , especially if any thing be promised against good manners , against the law of nature ? now what is more repugnant to nature , then that a people should lay chaines and fetters upon themselves , then that they should lay their own throats to the sword ? then that they should lay violent hands upon themselves ? ( or which is verily the same thing ) promise it to the prince ? therefore there is a mutuall obligation between the king and people , which whether it be only civill or naturall , tacit , or in expresse words , can be taken away by no agreements violated by no law , re●●●nded by no force : whose force only is so great , that the prince who shall contemptuously break it , may be truly called a tyrant , the people who shall willingly infringe , it seditious : so this grand accute lawyer determines . i shall close up this with the unanimous resolutions and notable decree of the united netherland provinces . anno dom. . declaring philip king of spain to be fallen from the seigniorie of the netherlands for his tyranny and breach of oath , which is thus recited by grimstone , and recorded in his generall history of the netherlands , page , to . in the alterations which happen sometimes in an estate betwixt the soveraigne prince and a people that is free and priviledged , there are ordinarily two points , which make them to ayme at two divers ends : the one is , when as the prince seeks to have a full subjection and obedience of the people , and the people contrariwise require , that the prince should maintaine them in their freedomes and liberties , which he hath promised and sworne solemnly unto them , before his reception to the principalitie . thereupon quarrels grow : the prince will hold a hard hand , and will seek by force to bee obeyed ; and the subjects rising against the prince , oftentimes with dangerous tumults , rejecting his authority , seek to embrace their full liberty . in these first motions there happen sometimes conferences , at the instance of neighbours , who may have interest therin , to quench this fire of division betwixt the prince and his subjects . and then if any one of the parties groweth obstinate , and will not yeeld , although he seeme to be most in fault , it followeth of necessity , that they must come to more violent remedies , that is to say , to armes . the power of the prince is great , when thee is supported by other princes , which joyn with him for the consequence of the example , else it is but small : but that of the people ( which is the body , whereof the prince is the head ) stirred up by conscience ( especially if the question of religion be touched ) the members ordained for their function , doing joyntly their duties , is farre greater . thereupon they wound , they kill , they burne , they ruine , and grow desperately mad : but what is the event ? god ( who is an enemy to all tyranny and disobedience ) judgeth quarrels , weigheth them in his ballance of justice , helping the rightfull cause , and either causeth the prince for his rigour and tyranny to be chased away , and deprived of his estate and principality ; or the people for their contempt and rebellion are punished and reduced unto reason ; which causeth the alterations to cease , and procureth a peace : whereof we could produce many examples , both antient and moderne , if the relation of this history did not furnish us sufficiently . so the generall estates of the united provinces , seeing that king philip would not in any fort ( through his wilfulnesse ) yeeld unto their humble suite and petitions ; and notwithstanding all the offers they could make to purchase a good , firme , and an assured , peace , ( notwithstanding all the intercessions both of the emperour , the french king , the queen of england , and other great princes and potentates of christendom ) yet would he not give eare to any other reason , but what himselfe did propound : the which the said estates did not only find unjust and unreasonable , directly repugnant to their liberties , constitutions , and freedomes of the countrey ; but also contrary to their consciences , and as it were so many snares layed to catch them , which were in no sort to be allowed of , nor received , considering the qualitie of their affaires and his , according to the time . in the end , rejecting all feare of his power and threats , seeing they were forced to enter into all courses of extremity against a prince , which held himselfe so hainously offended , as no reconciliation could be expected , relying upon the justice and equitie of the cause , and sinceritie of their consciences ( which are two brazen bulwarks ) they were fully resolved ( without dissembling ) to take the matter thus advanced in hand , and opposing force against force , meanes against meanes , and practises against practises , to declare him quite fallen from the seigniorie , preheminence , and authority , which before the troubles , the breach of their priviledges , rights , freedomes , and immunities , so often and so solemnly sworne by him , and dispensation of his oaths , he had or was wont to have in the said provinces respectively . whereof they made open declaration by a publick edict , the tenour whereof followeth . the generall estates of the untited provinces of the netherlands , to all those that these presents shall see , reade , or heare , greeting as it is well known unto all men , that a p●ince and lord of a countrey is ordained by god , to bee soveraign and head over his subjects , and to preseveve and defend them from all injuries , force , violence , even as a shepheard for the defence of his sheep , and that the subjects are not created by god for the prince , to obey him in all he shall command , bee it with god , or against him , reasonable or unreasonable , nor to serve him as slaves and bondmen ; but rather the prince is ordained for his subjects ( without the which he cannot be a prince ) to governe them according unto equity and reason , to take care for them , and to love them even as a father doth his children , or a shepheard his sheep , who putteth both his body and life in danger , to defend and preserve them . if the prince therefore faileth herein , and in stead of preserving his subjects , doth outrage and oppresse them , depriving them of their priviledges and ancient customes , commandeth and will be served of them as of slaves , they are no longer bound to respect him as their soveragn prince and lord , but to esteeme of him as a tyrant ; neither are the subjects ( according unto law and season ) bound to acknowledge him for their prince ; so as without any offence , being done with deliberation and the authority of the estates of the countrey , they may freely abandon him , and in his place chuse another for their prince and lord , to defend them : especially , when as the subjects by humble suit , intreatie , and admonitions , could never mollifie their princes heart , nor divert him from his enterprises an tyrannous designes : so as they have no other meanes left them to preserve their antient libertie , their wives , children and posterity , for the which ( according to the lawes of nature ) they are bound to expose both life and good ; as for the like occasions , we have seene it to fall out often in divers countries , whereof the examples are yet fresh in memory . the which ought especially to bee of force in these countries , the which have alwayes been and ought to be governed , according unto the oath taken by their princes , when they receive them , conformable to their priviledges and antient customes , having no power to infringe them : besides that , most part of the said provices have alwayes received and admitted their princes and lords upon certaine conditions , and by sworn contracts ; the which if the prince shall violate , hee is by right fallen from the rule and superiority of the countrey . so it is , that the king of spaine ( after the decease of the emperour charles the fifth , his father of famous memory , from whom all these countries were transported unto him ) forgetting the services , which as well his father as himselfe had received of these countries , and the inhabitants thereof , by the which especially the king of spain had obtained such glorious and memorable victories against his enemies , as his name and power was renowned and feared throughout all the world ; forgetting also the admonitions which his said imperiall majesty had heretofore given him : and contrariwise , hath given eare , beliefe , and credit unto them of the councell of spain which were about him ; the said councell having conceived a secret hatred against these countries and their liberties ( for that it was not lawfull for them to command there , and to govern them , or to merit among them the chiefe places and offices , as they doe in the realm of naples , sicilie , millaine , at the indies , and in other countries which are subject to the kings command , being also moved thereunto by the riches of the said countries , well knowne to the most of them : ) the said councell , or some of the chiefe of them , have oftentimes given the king to understand , that for his maiesties reputation and greater authority , it were better to conquer the netherlands anew , and then to command absolutely at his pleasure , than to govern them under such conditions , which he at his reception to the seigniory of the said countries had sworn to observe . the king of spain following this counsell , hath sought all meanes to reduce these countries ( spoiling them of their ancient liberties ) into servitude , under the government of spaniards : having under pretext of religion sought first to thrust in new bishops into the chiefe and greatest townes , indowing them with the richest abbeyes , adding to every bishop nine chanons to serve him as councellors , whereof three should have a special charge of the inquisition . by which incorporation of the said bishops , being his creatures , and at his devotion ( the which should happily have been chosen as well of strangers , as of them which were born in the country ) they should have the first place and the first voyce in the assemblies of the estates of the country . and by the adiunction of the said chanons , had brought in the inquisition of spain , the which had also bin so abhorred , and so odious in these countries , even as slavery it selfe , as all the world doth well know : so as his imperiall maiesty having once propounded it unto these countries , upon due information given unto his maiesty , ceased from any more speech thereof , shewing therein the great affection which he bare unto his subjects . yet notwithstanding divers declarations which were made unto the king of spain , as well by the provinces and townes in particular , as by some other of the chiefe noblemen of the country , namely , by the baron of montigny , and afterwards by the earle of egmont , who by the consent of the dutchesse of parma ( then regent of the said countries ) by the advice of the councell of estate , and of the generalty , had to that end been successively sent into spain : and notwithstanding that the king had by his own mouth given them hope , that ( according to their petitions ) hee would provide for the contentment of the country ; yet that he had since by his letters done the contrary , commanding expresly , and upon pain of his indignation , to receive the new bishops presently , and to put them in possession of their new bishopricks and incorporated abbeyes , to effect the inquisition , where they had begun to practise it , and to observe the decrees and canons of the councell of trent , the which in divers points doe contradict the priviledges of the countrey . the which being come to the knowledge of the commons , hath given just occasion of so great an alteration among them , and greatly diminished the love and affection , the which ( as good subjects ) they had alwayes borne unto the king , and to his predecessours . for they called chiefly into consideration , that the king not onely pretended to tyrannize over their persons and goods , but also upon their consciences , whereon they held themselves not to be answerable , nor bound to give account to any one but to god only . for this cause , and for the pitty they had of the poor people , the chiefe of the nobility did in the yeare . exhibit certain admonitions by way of a petition , beseeching him , that for the pacifying of the commons , and to avoid all tumults and seditions , it would please his majesty , ( shewing the love and affection , which as a mild and mercifull prince he bare unto his subjects ) to moderate the said points , and especially those which concerned the rigorous inquisition , and punishments for matters of religion . and to informe the king more particularly thereof , and with more authority , and to let him understand , how necessary it was for the good and prosperity of the countrey , and for the maintenance of peace and tranquility , to abolish and disannull those innovations , and to moderate the rigour of publike edicts , for matter of religion ; the said marquesse of berges and baron of montigny , at the request of the said lady regent , the councell of estate , and the generall estates of all the countries , went into spain as embassadors : whereas the king , instead of giving them audience , and to prevent the inconveniences delivered by them , ( the which , for that they were not redressed in time , as urgent necessity required , began in effect to discover themselves throughout the whole countrey ) by the perswasion and advice of the councell of spain , hee hath caused all them to be proclaimed rebels , and guilty of high treason , and to have forfeited body and goods , that presented the said petition . and moreover ( thinking himselfe to be fully assured of the countrey , by the forces of the duke of alva , and to have reduced them under his full power and subiection ) he had afterwards , against the lawes of nations , ( the which have been in all ages inviolably observed , yea among the most barbarous and cruell nations , and most tyrannous princes ) imprisoned , and caused the said noblemen embassadors to be put to death , confiscating all their goods . and although that all this alteration ( which had hapned in the yeare . upon the foresaid occasion ) was in a manner pacified by the regent and her councell , and that the greatest part of them which had presented themselves unto her for the liberty of the countrey , were retired , or chased away , and the rest brought under obedience : yet not to lose the opportunity which the councell of spain had long expected ( as it appeared plainly the same yeere . by letters intercepted , which were written by the embassador alana to the duchesse of parma ) to have meanes under some pretext to overthrow all the priviledges of the country , and to govern them tyrannously by the spaniards ( as they did the indies and other countries which had been newly conquered by them ) he by the advice and councell of the said spaniards ( shewing therein the small affection which he bare unto his subiects of these countries , contrary unto that whereunto he was bound , as their prince , protector and good shepheard ) sent into these countries the duke of alva , very famous for his rigour and cruelty , and one of the chiefe enemies of these countries , with a councell of the same humour and disposition . and although that the said duke of alva entred with his army into this countrey , without any let or opposition , and was received of the poore inhabitants with all reverence and honour , expecting all mildnesse and clemencie , according unto that which the king had so often promised by his letters fainedly written ; yea , that he was resolved to come himselfe in person into the countrey , and to order all things to every mans content ; the said king having besides all this ( at the very instant of the duke of alva his departure ) caused a fleet of ships to be armed in spaine , to bring him hither , and another in zeeland to goe and meet him ( as the bruite was ) to the great charge of the countrey , the better to abuse his poore subjects , and to draw them more easily into his snares : notwithstanding , the said duke of alva presently after his arrivall ( although he were a stranger , and not any way of the blood royall ) gave it out , that hee had a commission from the king , of governour generall of the countrey , the which was quite contrary to the priviledges and antient customes thereof : and discovering his designes plainly , he suddenly put garrisons into the chiefe townes and forts of the countrey , and then he built citadels in the richest and strongest townes , to keep them in subjection . and by commandement from the king ( as they said ) he friendly called unto him , as well by letters , or otherwise , the chiefe noblemen of the countrey , pretending , that he had need of their councell and assistance , for the service of the king , and the good of the countrey : who ( having given credit to letters ) were come unto him , whom , contrary to the priviledges , hee caused to bee carried prisoners out of brabant , where they had been apprehended , causing their processe to bee informed before him and his councell ( although they were no competent iudges ; ) and before any due proofes were made , and the noblemen that were accused , fully heard in their defences , they were condemned to have committed rebellion , causing them to be publikely and ignomiously put to death . others , who for that they were better acquainted with the spaniards dissembling , were retired and kept out of the countrey , were declared rebels , and guilty of high treason , and to have forfeited bodies and goods : all which was done , to the end the poor inhabitants should not aide themselves in the just defence of their liberty , against the oppression of the spaniards and their forces , by the help and assistance of these noblemen , and princes . besides , an infinite of gentlemen and rich bourgers , whereof some he hath put to death , others he had chased away and forfeited their goods , oppressing the rest of the good inhabitants , as well by the insolence of the souldiers , as by other outrages in their wives , children , and goods ; as also by divers exactions and taxes , forcing them to contribute for the building of new citadels and fortifications of townes , which hee made to oppresse them , and also to pay the hundreth and twintieth peny , for the payment of souldiers , wherof some were brought by him , and others newly levied , to employ them against their countreymen , and themselves , who with the hazard of their lives sought to defend the liberties of their countrey : to the end that the subjects being thus impoverished , there should be no meanes to frustrate his designes , for the better effecting of the instructions which had been given in spain : which was , to use the countrey as new conquered . to which end , in some places and chiefe townes , he changed their forme of government , and of justice , and erected new consuls after the spanish manner , directly contrary to to the priviledges of the countrey . and in the end ( thinking himselfe free from all feare ) he sought to bring in by force a certaine imposition of the tenth peny , upon all marchandise and handi-works , to the absolute ruine of the commons , whose good and prosperity consists chiefly in traffique and handi-works ; notwithstanding many admonitions and perswasions made to the contrary , as well by every one of the provinces in particular , as by all in generall . the which he had effected by force , if it had not beene that soon after by the means of the prince of orange , ( and a good number of gentlemen , and others borne in these countries ) banished by the duke of alua , following the party of the said prince , and being for most part in service , and other inhabitants affected to the libertie of their countrey , the provinces of holland and zeeland had not revolted , and put themselves under the princes protection . against which two provinces the duke hath since during his government , and after him the great commander of castile ( sent in his place by the king , not to moderate any thing of his predecessors tyrannie , but to pursue it more covertly and cunningly than he had done ) force those said provinces , who by their garrisons and citadels , were made subject to the spanish yoke , to imploy their persons and meanes to helpe to subdue them : yet no wayes easing the said provinces , but intreating them like enemies , suffering the spanyards under the colour of a mutinie , in view of the said commander , to enter by force into the town of antuerpe , and there to continue six weeks , living at discretion at the poore bourgers charge ; sorcing them moreover ( to be freed from their insolencies ) to furnish foure hundred thousand florins , to pay the said spanyards : which done , the said souldiers ( growing more bold through the sufferance of their commanders ) presumed to take armes against the countrey , seeking first to surprize brussels , and in the place of the ancient and ordinary seate of princes , to make it a nest and den of theeves . the which not succeeding according to their designe , they tooke a lost by force , and soone after forced the towne of maestricht . and since being violently entred into antuerpe , they spoyled it , sacked it , and wasted it with fire and sword , in such sort , as the most barbarous and cruell enemies could not have done more , to the unspeakable losse , not onely of the poore inhabitants , but in a manner of all the nations of the world , who had their merchandise , debts , and money there . and although the said spanyards by a decree of the councell of estate ( to whom the king by the death of the great commander , had conferred the generall government of the countrey ) were in the presence of ieronimo de rhoda , proclaimed enemies to the countrey : yet the said rhoda of his owne private authority ( or as it is to bee presumed , by vertue of some secret instruction which he had from spaine ) took upon him to be the head of the said spanyards , and their adherents , so as without respect of the councell of estate , he usurped the kings name and authority , counterfeited his seale , and carried himself as a governour , and the kings lieutenant in the countries . the which moved the estates at the same instant to agree with the prince of orange , and the estates of holland and zeeland : which accord was allowed by the councell of state ( as lawfull governours ) that they might joyntly with their common forces , make warre against the spanyards : omitting not as good subjects , but by divers humble petitions , to beseech the king to have regard unto the troubles , oppressions and insolencies which had hapned , and were like to follow : and that hee would bee pleased with all convenient speed possible , to command the spanyards to depart out of the countrey , and especially those which had been the cause of the sacke and ruine of the chiefe towns of the countrey , and other innumerable insolences and violences which his poore subjects had endured , to the comfort and ease of them which had endured them , and to the example of others : yet notwithstanding ; the king ( although that he made shew by words , that what had hapned , displeased him , and was against his will , and that he had an intent to punish the heads and authors , and to provide for the quiet of the countrey with all clemency , as it behoved a mercifull prince ) hath not onely neglected to punish the said heads and authors : but contrariwise , ( as it appeareth ) all was with his consent and former resolution of the councell of spain , as certain letters of his , intercepted soon after , do plainly shew : by the which it was written unto rhoda , and to the other captains , authors of all the mischiefe , that the king did not blame that action , but did allow thereof , and commend it , promising to recompence them , especially the said rhoda , as having done him a singular service : the which , at his return into spaine , and to all other ministers of the oppressions that were used in these countries , he did shew by effect . at the same time , the king thinking the better to blinde the eyes of his subjects , sent into these countries for governour generall , don iohn of austria , his base brother , as being of his blood : who ( making shew unto the estates , that he did allow of the pacification of gant , promised to send away the spanyards , to punish the authors of all insolencies and disorders which had hapned in the countrey , and to take an order for the generall peace , and the restoring of their ancient liberties ) sought to divide the estates , and to subdue one countrey after another . by the permission and providence of god , who is an enemy to all oppression , he was discovered by the intercepting of certain letters , where he was commanded by the king to govern himself in these countries , according to the instructions that should be given him by rhoda : and to cover this practice , the king had forbidden don iohn to speake with him , commanding him to carry himselfe unto the chiefe noblemen with all mildenesse and courtesie , to winne their loves , untill that by their assistance and meanes , he might reduce holland and zeeland , and afterwards work his will of the other provinces . whereupon don iohn , notwithstanding that he had solmnly sworn in the presence of all the estates of the countrey , to observe the said pacification of gant , yet contrary thereunto he sought by meanes of their colonels ( whom he had already at his devotion ) and great promises , to winne the germane souldiers who were then in garrison , and had the guard of the chiefe townes and forts of the countrey , whereof by that meanes he made himselfe master , holding himselfe assured of those places they held , and so by that meanes to force them that would not joyne with him , to make warre against the prince of orange , and them of holland and zeeland , and so to raise a more boody and intestine warre , than had been before . but as all things that are treated cunningly and with dissimulation , cannot be long kept secret , don iohns practises being discovered , before hee could effect what he had designed , hee could not bring his conceptions and enterprises to the end that he pretended : yet he revived a new warre , the which continues unto this day , in stead of rest and an assured peace , whereof hee did so much vaunt at his coming . which reasons have given us great occasion to forsake the king of spain , and to seeke some other mighty and mercifull prince , to helpe to defend these countries , and to take them into his protection : and the rather for that these countries have endured such oppressions , received such wrongs , and have been forsaken and abandoned by their prince for the space of twenty years and more ; duduring the which the inhabitants have beene intreated not as subjects , but as enemies , their naturall prince and lord seeking to ruine them by armes . moreover , after the death of don iohn , having sent the baron of selles , who ( under colour propounding some meanes of an accord ) declared sufficiently , that the king would not avow the pacification made a gant ( which don iohn notwithstanding had sworne to maintaine ) setting downe more hard conditions . yet for that we would discharge our selves of our duties , wee have not omitted to make humble suite by writing , imploying moreover the favour of the greatest princes of christendome , seeking by all meanes without intermission , to reconcile our selves unto the king ; having also of late kept our deputies long at cologne , hoping there ( by the intercession of his imperiall majestie , and some princes electors ) to have obtained an assured peace , with some moderate tolleration of religion ( the which doth chiefly concerne god and mens consciences ) as the estate of the affairs of the countrey did then require : but in the end we found it by experience , that nothing was to be obtained from the king , by the conference at cologne : and that it was practised and did onely serve to disunite and divide the provinces , that they might with the more facility vanquish and subdue first one , and then another , and execute upon them their first designes . the which hath since plainly appeared , by a certain proscription , which the king hath caused to be published , whereby we and all the inhabitants of the united provinces , and officers that hold their partie , are proclaimed rebels , and to have forfeited lives and goods : promising moreover , a great summe of money to him that should murther the said prince , and all to make the poore inhabitants odious , to hinder their navigation and traffique , and to bring them into extreme despaire . so as despairing of all meanes of reconciliation , and destitute of all other succours and ayde we have according to the law of nature ( for the defence of us and other inhabitants , the rights , priviledges , ancient customes , and libertie of the countrey , and the lives and honours of us , our wives , children , and posterity , to the end they fall not into the slavery of the spanyards , leaving upon just cause the king of spaine ) beene forced to seeke out some other meanes , such as for the greater safety and preservation of our rights , priviledges , and liberties , we have thought most fit and convenient . we therefore give all men to understand , that having duely considered all these things , and being prest by extreme necessitie , we have by a generall resolution and consent , declared , and doe declare by these presents , the king of spaine , ipso jure , to be fallen from the seigniory , principalitie , jurisdiction , and inheritance of these countries : and that we are resolved , never to acknowledge him any more , in any matter concerning the prince , jurisdictions or demeanes of these netherlands , nor to use hereafter , neither yet to suffer any other to use his name as soveraigne lord thereof . according to the which we declare all officers , private noblemen , vassels , and other inhabitants of these countries , of what condition or qualitie soever , to be from henceforth discharged of the oath which they have made in any manner whatsoever , unto the king of spaine , as lord of these countries , or of that whereby they may be bound unto him . and for the above-named reasons , the most part of the said united provinces , by a common accord and consent of their members , have submitted themselves under the command & government of the high and mighty prince , the duke of aniou and alanson , &c. upon certain conditions contracted and accorded with his highnesse : and that the archduke of austria , mathias , hath resigned into our hands the government generall of these countries , the which hath been accepted by us . we enjoyn and command all iudges , officers , and all others , to whom it shall appertain , that hereafter they forbeare to use any more , the name , titles , great seal , or signet of the k. of spain : and instead therof , whilst that the duke of anjou , for his urgent affaires , concerning the good and welfare of the country , shall be yet absent , for as much as shall concern the provinces which have contracted with his highnesse , and touching the rest by way of provision , they shall use the title and name of the chiefe and counsell of the country . and until that the said heads and counsellors , shall be named , called , and really established in the exercise of their charges , and offices , they shall use our name , except holland and zeeland , where they shall use as they have formerly done , the name of the prince of orange , and of the estates of the said provinces , untill that the said councell shall be in force , and then they shall govern themselves as it is agreed , touching the instructions given for the said counsell , and the accords made with his highnesse . and instead of the kings seales , they shall hereafter use our great seale , counter seale , and signet , in matters concerning the government generall , for the which the councell of the country , according to their instructions shall have authority . and in matters concerning the policie , administration of iustice , and other private acts of every province , the provinciall councels and others , shall respectively use the name and seale of the said province , where the matter shall be in question , and no other , upon pain of nullity of the said letters , or dispatches which shall be otherwise made or sealed . and to the end these things may bee the better observed and effected , we have enjoyned and commanded , and do enjoyn and command by these presents , that all the king of spaines seales , which are at this present with these united provinces , shall be dilivered into the states hands , or to him that shall have commission and authority from them , upon pain of arbitrary punishment . moreover , we ordain and command , that from henceforth the names and armes of the king of spain , shall not be put nor stampt in any coynes of these united provinces : but there shall be such a figure set upon them , as shall be appointed for the coyning of new peeces of gold and silver . in the like sort we enjoyn and command the president and lords of the privie councel , and all other chancellors , presidents , provinciall consuls , and all presidents and chiefe masters of accounts , and others of all chambers of accounts , being respectively in these countries , and also all other iudges , and officers ( as holding them discharged of the oath which they have made unto the king of spain , according to the tenor of their commissions ) that they shall take a new oath in the hands of the estates of the province where they are , or to their deputies , by the which they shall swear to be faithfull to us against the king of spain , and his adherents , according to the form set down by us : and there shall be given to the said councellors , masters of accounts , iudges and officers , remaining in the provinces which have contracted with the duke of aniou , in our name , an act of continuance in their offices , containing in stead of a new commission , a cessation or disannulling of their former , and that by way of provision , untill his comming . and to councellors , masters of accounts , iudges , and officers , being resident in provinces , which have not contracted with his highnesse , a new commission shall be given under our name and seale , if the petitioners were not found faulty , to be of bad behaviour , to have done against the priviledges of the countrey , or to have committed some other disorder . we also command the president and them of the privie councell , the chancellour and councell of brabant , the governour , chancellour , and councell of gueldres , and the countie of zutphen , the president and councell in flanders , the president and councell in holland , the governour , president and councell in friseland , the president and councell at vtricht , the bayliff at tournay and tournesis , the receivors or chiefe officer of beooster cheldt and bewesterscheldt zeeland , the scout of macklyn , and all other iudges and officers whom it shall concerne , their lieutenants and every of them , presently without any delay , to publish this our decree in all places of their jurisdictions , and wheresoever they are accustomed to make proclamations , to the end that no man may pretend any cause of ignorance : and that they may keep and observe , and cause to be kept and observed inviolably this our decree , without any favour , support , or dissimulation ; for wee have so thought it fit and convenient for the good of the countrey . for the effecting whereof , we give to every one whom it shall concerne , full power and authority , and speciall commission . in witnesse whereof , we have caused our seale to be hereunto annexed . given at the hage in our assembly the of iuly . vnderneath was written , by the ordinance and decree of the said estates , and signed i. tan asseliers . according unto this declaration of the estates , there was a new forme of an oath drawn , in manner of an abjuration of the king of spaine , and promise of duty and obedience which every one should owe unto the said estates , by the publike officers , and magistrates of every town and province , as followeth . i sweare , that hereafter i shall not serve nor yeeld obedience to philip king of spaine , nor acknowledge him for my prince and lord , whom i doe renownce by these presents , and doe hold my selfe freed from all oaths , and bonds , by the which i might bee formerly tyed unto him : whereof finding my selfe presently delivered i sweare a new and binde my selfe to the united provinces , and namely , to them of brabant , gueldre , holland , zeeland , and their allies , and to the soveraign magistrates that are appointed , to bee faithfull and loyall unto them , to yeeld them all obedience , aide , and comfort , with all my power and meanes , against the king of spaine and his adherents , and against all the enemies of the countrey . promising as a good vassall of the countrey , to carry my self faithfully and loyally , with shew of all obedience to my superiors ; so help me the almighty god. this decree being thus proclaimed , all the seales , counter-seals , and secret signets of the king of spaine , were broken and cancelled with solemnity , by all the consuls of the said provinces , and others new made , by order of the generall estates , for that which concerned the government , and the affaires of the generality . and as for matters of justice and policie , they used the seales , names , and titles of private gogernours , and provinciall consuls . from that time there was no coynes of gold , silver , or copper made with the name or titles of the king of spaine , but upon stamps which the estates had caused to be made in every povince . all governours , superintendents , presidents , chancellours , councellours , and others officers , were discharged and absolved from their precedent oathes , and did sweare fidelity to the generall estates , against the king of spaine and his adherents , according to the forme above mentioned , to whom an act was sent for the continuation of the commissions . ninthly , it is evident from the premises ; that if emperours and kings shall degenerate into tyrants , violate their oathes and covenants made unto the people , invade their lawes , liberties , persons with armed violence , and instead of protecting , make warre upon them ; that the nobles , magistrates , estates , parliaments and people in such cases , may without any guilt of treason , rebellion , sedition , not only disobey , but lawfully resist them with force of armes , both in point of lawe & conscience & are obliged under paine of treachery and perfidiousnesse to their countrey , thus to resist ; and in cases of incorrigibility for the publike weale , and preservation , may justly if they see it necessary , depose them from their royall dignities as enemies , or traytors to their kingdoms and people . * the reason is , because no kingdome or nation under heaven , ever elected or voluntarily submitted themselves unto any emperour or king whatsoever ( for ought can be proved or imagined ) but upon this tacit condition ; that they should justly governe , defend and protect them for their good , not tyrranize over , pillage , murther , oppresse , or make warre upon them at their pleasures , contrary to the lawes of god , nature , nations ; nor yet actually obliged themselves under paine of treason , rebellion , death , or damnation , not forcilly to reobsist or deprive their princes in any wise , though they with open violence should set themselves to subvert their religion , lawes , liberties , and republike ; to which unreasonable condition , no natian certainty would have consented , had it been propounded to them by their kings at first , as grotius well observes . this point of greatest difficulty and concerment , i have largely debated and confirmed already , in the third part of this discourse , where all contrary objections against it , are refuted ; yet because it still seemes a seditious unchristian paradox to many malignants and royallists , i shall ratifie it with such new authorities , of all sorts , which may happily convince , if not convert them from their inveterate wilfull error . my first authority of this kinde , is that passage of sozomon ( an ancient ecclesiasticall historian ) eccles . hist . l. . ch . . recited and approved by nicephorus callistus eccles hist . l. . ch . . where he thus writes of the death of iulian the emperor ( who turned both a tyrant , apostate , and persecutor of the christians ) reputed to be slaine by a christian souldier of his own army , for his tyranny and impiety . whereas libanius writes in this manner ; hee seemes to say , that the slayer of iulian the transgressor was a christian , which peradventure was true ; neither is it incredible , that some one of the souldiers who marched under his colours , had considered these things thus in his minde : that not only the heathens , but likewise all others are wont to applaud those even unto our age , who slew tyrants heretofore , as those who for the liberty of all , feared not to undergoe the danger of death , and likewise for the safety of their citizens , kindred and friends , with willing minds . and verily hee cannot well be reprehended by any man , especially since hee should shew himselfe so valiant and sirenuous for god and that religion which hee did approve , &c. however it is certaine that he was taken away by gods divine judgement . * nicepherus addes , that his death was predicted by the christians , and that his death was acceptable and plesant to all christians , especially to those of antioch , who for this his mvrther , instvted a pvblike trivmph , wherein they also reproached maximus the philosopher , singing thus , where are thy divinations o foolish maximus ? a pregnant evidence , that even the primitive christians ( on whose examples and practice our antagonists so much depend , though to no purpose , as i have * elsewhere manifested ) held it not only lawfull for them to resist , but even in some cases to slay a persecuting apostatized tyrant , bent ●o subvert religion , lawes , liberties ; as may be further evidenced by a constantine the great his ayding the oppressed christians , and romans against the tyranny and persecution of the emperors maxentius , maximinus and licinius , even with force of armes , with which he conquered these persecutors in sundry open battels fought against them , at the christians earnest importunity . to descend to later authoritities , it is the received doctrine of all popish schoolmen , doctors , lawyers , that tyrannicall princes who oppresse and invade their subjects persons , liberties , estates , or religion , may both lawfully with good conscience bee forcibly resisted by their subjects , and likewise by the major part of their people , nobles , parliament , for preservation of the republike and religion , bee justly deposed , and put to death ; yea , as some of them adde , even murthered by private men , though the generality of their writers justly deny it . their st. thomas of aquin , in his book , de regimine pricipum ( dedicated to the king of cyprus ) * cha . determines thus , if it belong to the multitude to provide themselves of a king , the king made by them , may not unjustly be removed , destroyed , or his power restrained , if he abuse the power of the realme tyrannically ; neither is such a multitude to bee esteemed , to deale disloyally in deposing a tyrant althovgh they had perpetually subiected themselvs to him before , because himselfe hath deserved it , in not carrying himselfe faithfully in the government of the people , as the office of a king required , because herein he kept not his oath and covenant with his subjects . and he further affirmes , distinct. art. . qu. . . m. . ae . dist . . qu. . . m. . ae . qu. . . m. ae . qu. . art . . & qu. . . m. opusc . . l. . c o. . that in every countrey , cities are governed politikely ; the power of kings and emperours being circumscribed by the lawes and people , that a tyrannicall prince , if hee invade his subjects , may lawfully beresisted and slaine even of private persons in their own necessary defence , and in reference to the publike safety ; but much more by the nobles and peoples generall consent : and that the deposition or perturbation of the regiment of a tyrant , hath not the reason ( or nature ) of sedition , unlesse it be done by private persons , or so disorderly , that a greater detriment should ensue , bvt it is the tyrant rather who is seditiovs . the same doctrine is taught by dominicus soto , de iustitia . l. . quaest . . art . . ludovicus molina tom. . de iustitia & iure tract . . disp . to . dominicus bannes , a. ae . quaest . . art. . dub. . petrus de aragon . . ae vu . . art . . explicatio . art . p. . michael bartholomaeus salon , de iustitia & iure in . ae tom. . qu. . art . . cont . . pag. . petrus de lorca in . ae d. thomae quaest . . art . . sect . . throughout , specially disput . . n. . & disp . . . azorius , tom. . l. . disp . . qu. . & . . franciscus victoria . relectio de iure belli . n. . . alphonsus salmeron in cap. . epist . ad romanos . disp. . fran. suarez . in defensione fidei l. . cha . . & l. . chap. . throughout ▪ specially , num . . . . . . . ioan gerson de auferibilitate papae ; where also he avers ( consid . . ) that one who is truly pope may lawfully bee bound , imprisoned , and put to death for his offences , ( though the head of the church as papists hold , as well as kings the head of their realmes . ) dionysius cathusianus de regim . polit. artic. . franciscus tollet , in summa , l. . c. . leonardus lessius de iustit . & iure , c. . dub . . tannerus , tom. . disp . . qu. . dub . . emanuel sa. in aphorism . verb. tyrannus , n. . iohannis mariana : de rege & regis instit . l. . c. , , , . alvarus pelagius de plan. eccles l. . c. . simancha pacensis , de cathol . instit . tit . . n. . p. . tit . . n. . p. . gregorie de valencia , tom . p. . cardinall bellarmine , de pontif. rom. l. . c. . . . & tract de potest . sum. pontif. advers . gul. barcl . p. . iac. gretzerus pharetra tertulliana , & vespertilio haeritico-politicus , ludovicus richehom . expostulatio aplogetica pro societate iesiu . vincentius filiucius tra. . p. . dis . . prae . dec. n. . mart. becanus anglicana de potestate regis & pontificis , caspar . schoppius . alexi pharmacum regium , & collyrium regium . valentine jacob. an. . and iohn tanquerel . anno. . whose opinions are recorded by bochellus decreta . eccles . gal. l. . tit . c. . . the cardinall of como his letter from rome , . january , . to doctor parrey to murder queen elizabeth ; franciscus de verona constant . in apolog. pro io : chastel , p. . bonarscius the iesuite , amphith p. . barclay l. . advers . monarch . c. . l. . c. . & . erarius in c. . iudicum . hieronymus blanca rerum aragonens . commentarius , passim . cajetan : upon aquinas his forecited summes . the doctors of salamancha in their determination , anno . recorded by g. blackwell , qu bip. p. . and doctor john white his defence of the way , c. . p. . governado christiano . p. . antonius massa tract . contra duell . n. . . baldus . consid . . cavarruvias quaest . illustr . t. . . n. . . n. . vasquius contro . illustr . . n. . . . . n. . . n. . n. . . n. . . . . n. . and elsewhere hemingius arnisa us de authoritate principum p. . . . . . . . fran. hotomani franco-gallia , c. . . . . . . &c. to which i might adde our english priests and iesuites , as doctor nicholas saunders , visib . monarch . p. , . doctor allen , parsons , creswell , philopater , rossaeus , doleman , p. . to . sparsim , with sundry others , all professedly averring aquinas his doctrine , and the premisses , yea , farre exceeding them in sundry particulars ; many or most of them attributing sufficient authority and power to the pope and prelates alone , without the parliaments , nobles , peers , or peoples assent , to depose , adjudge haereticall or tyrannicall kings to death , and devote them to assassination , which all protestants unanimously disclaim . but wee need not fish in these unwholesome romish streams of tyber , or make use of these popish champions , whom i have onely named , to stop the mouthes of all papists , priests , iesuites , who now much exclaim against the parliaments present defensive warre , condemning all for rebels and traitors who assist the parliament against their invading traiterous , rebellious armed forces both in ireland and england , they being in verity such themselves , yea , the originall contrivers , fomenters , the principall abettors of the present bloody , destructive , civill wars in both our realms . 〈…〉 which most confirms me in this beliefe , is a particular late discovery of the horrid conspiracy of con the popes late nuncio here , and his iesuited popish confederates , to undermine and extirpate the protestant religion , to raise the scottish , and succeeding irish , and english wars , thereby to ingage the king to resort to them for assistance ; & under pretence whereof to rise up in arms , and work him to their own conditions , or else to poyson him with a indian poysoned nut after the example of his father , and then seize upon the prince , and train him up in their antichristian religion , as you may reade at large in romes masterpeece , to which i shall referre you for fuller satisfaction , from one of the chief conspirators own confession . but passing by all these , i shall proceed to authorities of lawyers and divines , professing the protestant religion . georgius obrectus , a publike professor of law , and advocate to the city of strasburge in his disputatio juridica , . de princ●piis belli , layes down these severall positions for law , num. . to . that all the inferiour magistrates in the empire or other kingdoms , collectively considered , are above the emperour and kings themselves ; that if they be unjustly assaulted with unjust violence by any whomsoever , they may by a necessary and just warre , defend both themselves and theirs , and repell and prosecute the unjust assailants . that if the superiour magistrate neglect to do his duty , ( as if the turke should invade any countrey , and the supreme magistrate would not resist him . ) the inferiour magistrate may call the people to arms , raise an army , and exercise all forces policie and devices against the common enemy of christians : or if the supreme magistrate should exercise manifest tyrannie , it is verily lawfull to the inferiour to undertake the care of the republike , which he endeavours to oppresse with all his power : that those who represent all the people , as the electors , palatines , nobles , parliament , may admonish the prince of his duty , and ought to seek by all means to divert him from his tyrannicall and impious purpose ; but if he proceeds , and repenteth not , being frequently admonished , but wilfully subverts the common-wealth , obstinately perverts laws ; hath no care of faith , covenants , justice , piety ; and tends onely to this , that he may perpetrate any thing with impunity , and impiously reign over mens consciences , then verily he is accounted a tyrant , that is , an enemy of god and man ; whence , if he hath proceeded to that hight of malice , that hee cannot bee expelled but by armed force , it is lawfull for the electors , palatines and others , to call the people to arms , and not onely to defend themselves and others against such a one , but plainly to deject him from his throne : for the intire government of the realm is not committed by the people to the prince alone , as neither the bishopprick of the whole church to the pope , but to every one of the nobles or magistrates according to his power : for the nobles , as they are called into part of the honour , so of the burthen of the commonwealth ; which is committed to the prince , as to the supreme tutor , but to them as fellow-tutors , he having the first , they the second place in governing the republike . the prince swears that he will seek the good of the realm , and all the nobles promise the same : therefore if he doth ill , they ought not to do so likewise ; if the republike go to ruine , they shall not continue : for the common-wealth is no lesse committed to them , than to the king , so as they ought not onely to do their duty , but also to contain the prince within the limits of his duty : for if the prince doth ought against his oath , they are not absolved from their oaths , but rather then especially ought to manifest their fidelity , when the republike requires it , because they were specially instituted for that end , as the ephori , and every thing ought to be reputed just , when it attains its end . hence brutus the tribune , and lucretius the governour of the city , called the people to armes against tarquin the proud , and by their authority expelled him the ringdom . so the roman senate judged nero an enemy of the republike , and condemned him to the gallowes ; punished vitellius with death , ignominiously mutilated and dragged thorow the city , and spoyled maximinus of the empire , setting up albinus in his place . thus the french by authority of a publike councell , thorow the care of the officers of the realme deprived childericke the first , sigebert , theodoric , and childericke the third of the government of the realm . neither is it impertinent to pronounce the same sentence of such a one , as was given of manlius capitulinus , * thou wast manlius whiles thou diddest cast down the senons headlong ; now because thou art become one of the senons , thou thy selfe art to be precipit●ted from whence thou diddest cast them down . but if perchance most of the nobles collude and connive , and being unmindfull of their duty , take no care of the people ; let there at least be one who may admonish and detest the invading tyrant , and take care that the republike sustain no detrimen ; for the care of the republike is no lesse committed to him , than to the prince and his collegues , and he hath plighted his faith to the republike no lesse than they . if many have promised the same thing , the obligation of the one is not taken away by the negligence or periury of the other . if there be many trustees , executors , or guardians , the negligence default or fraud of some of them , doth not discharge or disingage the rest ; yea , unlesse they to their power discharge their trust and oath , they become perfidious , yea guilty of the same crime , and are subiect unto actions for their neglect as well as the others : therfore those who are bound to the whole kingdom and empire , as the peers of france , the electors , or to some certain countey or city which makes a part of the realme , as dukes , marquesses , earles , constables , admirals , and the like , are obliged to ayde the whole common-wealth , or that part committed to them , against the tyranny of the prince , if they be able , &c. thus and much more this lawyer , almost verbatim out of iunius brutus . i might add to him the like determinations of henricus bocerus , de jure pugnae , hoc est , belli & duelli , tractatus methodicus , tubingae , . lib. . cap. . & . p. justus eccardus , de lege regia , the last edition . alhuseius polit. c. . p. . to . haenon , disputat . polit . the treatise de iure magistratus in subditos ; ( where this position is largely and learnedly debated , confirmed , both from law , history , theology , reason ) hugo grotius de iure belli & pacis , lib. . c. . sect . to the end . p. . &c. albericus gentilis de iure belli , l. . c. . p. . c. . p. . l. . c. . . p. . . with others . but since iunius brutus compriseth the quintessence of all the rest , i shall trouble you onely with his discourse . vindiciae c●ntr . tyrannos , quaest . . p. . to . to passe by his discourse concerning the resisting of tyrants , who usurp a dominion without any title , whom every man may justly resist and suppresse , and are bound in duty so to doe , as he there proves at large ; i shall only transcribe what concernes them who have a lawfull title . first ( saith he ) we ought to consider , that all princes are born men . we cannot therefore expect to have only perfect princes , but rather we ought to thinke it well with us , if we have gained but indifferent ones . therefore the prince shall not presently be a tyrant , if he keep not measure in some things , if now and then he obey not reason ; if hee more slowly seek the publike good ; if he be lesse diligent in administring iustice , or lesse fierce in propulsing warre . for seeing a man is not set over men , as if he were some god , as he is overbeasts ; but as he is a man , born in the same condition with them ; as that prince shall be proud , who will abuse men like beasts ; so that people shall be unjust , who shall seek a god in a prince , and a divinity in this frail nature . but truly if he shall willingly subvert the republike ; if he shall wilfully pervert the lawes , if he shall have no care of his faith , none of his promises , none of iustice , none of piety ; if himselfe become an enemy of his people , or shall use all or the chiefest notes we have mentioned , then verily he may be iudged a tyrant , that is , an enemy of god and men . therefore we treat not of a prince , lesse good ; but of the worst ; not of one lesse prudent , but of a malicious and subtile one ; not of one unskilfull in law , but of a contemner of law ; not of an unwarlike one , but of an enemy of the people and waster of the realme . a senate may assist him with prudence , a iudge with the knowledge of the law , a captain in the skilfulnesse of warre ; but this man wisheth the nobles , senators , captain● of warre one neck , that he might cut them off at one stroake , neither hates he any more then them . the first verily , though he may lawfully be removed , yet however he may be tolerated ; the latter contrarily , by how much the longer he is tollerated , the more intollerable he becomes . moreover , as euery thing is not lawfull to a prince ; so often times , that which is lawfull to the people , is not expedient . for frequently it may fall out , that the remedy which is used , may be worse than the disease . therefore it becomes a wise man to try all things , before he use the hot iron ; and use all remedies , before he take up armes . if therefore those who represent the people perceive any thing to be done against the republike by force or fraud , let them first admonish the prince , neither may they expect , till the mischiefe grow heavie , and acquire forces . tyranny is like an heptick feaver , which at first is easie to be cured , difficult to be discerned ; afterward it becomes easie to be known , but very difficult to be cured . therfore they shall withstand the beginnings , neither should they pretermit any thing , though the smallest . but if he shall proceed , and not repent though frequently admonished , but tend onely to this , that he may commit any thing without punishment ; then verily he is really guilty of tyranny , and they may act against him , whatsoever they may use against a tyrant , either by law or just force . tyranny is not onely a crime , but the head , and as it were , the heap of all crimes . a tyrant subverts the republike , makes a prey of all , lyeth in wait for the life of all , violates faith to all , contemnes all the religion of a sacred oath . therefore is he so much more wicked then any theefe , murtherer , sacrilegious person , by how much it is the more grievous , to offend many and all , then particular persons . now if all these be reputed enemies , if they be capitally punished , if they suffer paines of death , can any one invent a punishment worthy so horrid a crime ? moreover , wee have proved , that all kings receive their royall dignity from the people ; that all the people are better and higher then the king , that the king is onely the superiour minister and ruler of the kingdome , the emperour of the empire , but the people are the true head . therfore it follows , that a tyrant who commits felony against the people as the lord of the fee , hurts the sacred majesty of the realm and empire ▪ becoms a rebel , and therfore falls into the danger of the same lawes , and demerits more grievous punishments . therfore , saith bartolus , he may be deposed by a superiour ; or be most justly punished by the julian law , for publike violence . now all the people , or those who represent them , as electors , palatines , nobles the assembly of the estates , &c. are his superiour . but and if he shall proceed so farre , that he cannot be expelled but by armed violence , then verily it shall be lawfull for them , to call the people to armes , to raise an army , and to practise force , policy , stratagems , as against an adjudged enemy of his country and of the common-weale . neither shall the officers of the realm in this case fall into the crime of sedition ; for in a sedition there must needs be two points , which when for the most part they contend about contradictories , it followes , that the cause of one is just , the other unjust ; that cause must verily be just which defends the laws , which protects the common good , which shall preserve the realme , especially by this meanes ; contrarily , that cause is uniust , which violates the laws , defends the breakers of the lawes , protects the subverters of the countrey . * that is iust which will destroy tyrannicall government , that uniust which would abolish iust government . that lawfull which tends to the publike good , that unlawfull which tends to the private . therefore , saith thomas , because a tyrannicall kingdome which is not ordained to the common good , but principally for the benefit of the governour , is most uniust ; therefore the disturbance of this kingdome hath not the reason of sedidition , nor doe they fall into the crime of treasor . this crime is committed against a lawfull prince ; now a lawfull prince is nothing but a living law : therefore he who kils the law as much as in him lyeth , cannot be called by that name ; therefore those who take up arms against him shall not be guilty of that crime . it is likewise committed against the common-wealth , but because the repub. is there only where the authority of the law prevailes , not where the private lust of a tyrant swalloweth the republike , a tyrant shall be guilty of that crime which offends the publike maiesty , & those be vindicators of the republike , who shall oppugne a tyrant ex officio , supported with their own authority . neither in this case , i say , doth every one , but all the subiects , but the lords seem to require an account of the government from their agent : no more shall they be accounted perfidious for doing it ; there is every where between the prince & people a mutuall & reciprocal obligation ; he promiseth , that he will be a iust prince : they , that they will obey him , if he shall be such a one . therefore the people are obliged to the prince under a condition : the prince , purely to the people : therefore if the condition be not fulfilled , the people are unbound , the contract void , the obligation null in law it selfe : therefore , the king is perfidious if he reign uniustly ; the people perfidious , if they obey not him who reignes iustly : but the people are free from all crime of perfidiousnesse , if they publikely renounce him who reignes uniustly ; or if they endeavour to evict him with armes who desires to retein the kingdome unlawfully . therefore it is lawfull for all or many of the officers of the realme to remove a tyrant . neither is it onely lawfull ; but it lyeth so upon them of duty , that unlesse they doe it , they can no way be excused . neither may electors , palatines , senators , and other nobles think , that they were created and instituted onely for that end , that they should shew themselves once peradventure in the kings inauguration , attired after the ancient manner , that they might act a certain palliated fable , or put on the person of rowland , oliver , renald , and other nobles on that day , as if in a scene , they should in some shew represent the round table of arthur , as they call it ; so as after that the multitude is dismissed , and calliopus hath said , farewell , they should think they had excellently played their parts . these things are not spoken in jest , these things are not perfunctorily done ; these things are not the pastimes of children , who as it is in horace , created a king in a play ; but rather of nobles , & magistrates , who as they are called unto part of that honor , so likewise of the burthen , and shew , that the republike is committed and commended to the king , as to the supreme and chiefest tutor , so also to them as fellow tutors ( even honorari ) assigned to him as observers of his actions who hath the chief tutelage , who may daily exact an account of him , and diligently take heed , in what manner he reverseth ; so even these , that they might observe the king ( who , as to his tutelary providence , is onely reputed in the place of a lord ) that he doe nothing to the detriment of the people . therefore as the fact of him who acts the gardian , is imputed to the co-gardians , unlesse where they ought and are able , they suspect and likewise take care to remove him ; to wit , when he communicates not the administration with them , if he doe not faithfully manage the tutelage or care , if he admits fraud , if he doth any thing sordidly or perniciously to the pupill , if he intercept any of the pupils goods , if he become an enemy to the pupill ; finally , if he be over rude , sloathfull , unskilfull , &c. so even the nobles shall be held guilty of the princes deed , unlesse they remove , or prevent his tyranny , or supply his sloathfulnesse , with their vigilance and diligence . finally , as oft as the gardian doth not doe in the name of the pupill , that which any fit master of a family would doe , he may not seeme to be defended ; but that he may be the better defended , his co-gardians are bound to foresee : so much more justly , if the prince doth not act the housholder but the enemy , the nobles may and ought to act against him , since they are bound by his deed , no lesse then by their owne . moreover the nobles may consider , that the king in governing the republike , holds the first part , but they the second , third , and every one in his place . therefore if he doth his part ill , they may not follow him : if he destroy the republike , they may not connive ; for it is committed to them , as well as to him ; and in such sort truly , that not onely they themselves ought rightly to execute their office by themselves , but to containe the prince within the bounds of his office . finally , as the king promiseth , that he will take care of the benefit of the commonweale , so also doe they . therefore if he breakes his oath , they may not thinke , that they are absolved from theirs , no more then bishops , if the pope should defend heresie or destroy the church : yea , they should thinke themselves so much the more obliged to performe their oathes , by how much the more he shall violate his . therefore if they collude , they are reputed in the number of prevaricators ; if they connive , of desertors ; and traitors , if they vindicate not the republike from the tyranny of tyrants : as finally they become patrons , defenders , little kings , if they by all meanes protect and defend the republike , which they have undertaken to protect . these things , though they are sufficiently firme of themselves , yet they may be demonstrated by examples . the canaanitish kings , who oppressed the people of israel with hard servitude , as well corporall as spirituall , ( interdicting them both commerce and armes ) were true tyrants , i say in practice , yet not without a title ; for eglon and jabin reigned quietly almost twenty years : now god extraordinarily stirred up ehud , who slew eglon craftily ; and debora , who routed the army of jabin ; and by that meanes freed the people from tyranny : this was not verily , because it was lesse lawfull to the ordinary magistrates and princes of the tribes , and the rest to doe it , but debora rather objecteth their sloathfulnesse and carelesnesse to them , and curseth some of them for this cause . but truly god , pittying his people , extraordinarily supplyed the negligence of ordinary officers . rehoboam the sonne of solomon , refuseth to ease the people of unnecessary tributes , being intreated to doe it in a generall assembly of all the people , he groweth insolent , and assisted with the counsell of flatterers , even arrogantly threatens more grievous burdens ; no man doubts , but that according to the covenant first made betweene the king and people , the nobles might have restrained this pride : but the sinne was in this , that they did by secession , which was to be done in the assembly ; and did a just and lawfull thing unjustly . frequent examples of this thing occurre in other kingdomes : he instanceth in tarquin the proud , expelled by brutus and lucretius ; who confiscated his goods , and would have publikely sentenced himselfe , had they apprehended his person , because he consulted not with the senate as former kings usually did , because he made warre , peace , and truces at his pleasure without the senates and peoples advice , violated the lawes which he should observe , and neglected the covenant established betweene the king and people : in nero the emperour , publikely sentenced by the senate , vitellius , maximinus ; and the speech of trajan ( forecited ) : likewise the * french , by authority of a publike councell through the care of the kingdomes officers , expelled childericke the first , sigibert , theodoricke , childericke the third , from the crowne , for their tyranny , and set up others of another stocke in their places . yea , for sloathfulnesse , negligence , madenesse , as also for injuries to forrainers , and yeelding to the impotencie or lust of flatterers , or women , they have deposed some , and as it were taken away the reines from phaeton , lest all men should be burnt with the same fire ; as theodoricke for ebroines sake , dagobert of plectrude , and theobald his mignions , with others ; reputing it to be all one , whether a woman or an effeminate prince reigned ; or whether a tyrant , or petite tyrants under a sloathfull prince domineered : or finally , whether he himselfe were a devill , or possessed by the devill himselfe . thus not long since they compelled lewes the eleventh , a most imperious prince to receive . governours , by whose counsell he was bound to governe the republike . yea , what other right had either the carlingi , adopted into the kingdome in place of the meruingi ; or the capets who at this day hold it , preferred before the carlingi by the decree of a publike councell ; but from the people , represented as it were in an epitome , by the councell of the realme , which they call an assembly of the three estates , who might lawfully of right both depose those , and by their owne authority establish these in the throne ? in the same manner we read adolphus deprived of the german empire , an. . because corrupted with mony , he had made war with france , in favour of the english : and wenceslaus , an. . although these may be called , not so well evill , as lesse good princes . thus in the realme of england , edward the second , for his tyranny to his subjects , especially the nobles , whom he destroyed without hearing their cause , was at his queenes request , adjudged unworthy of his crowne by the parliament . not long since , christierne in denmarke , ericus in sweden , queene mary very lately in scotland , were deprived : which histories worthy credit testifie , hath beene frequently done in the kingdome of poland , hungary , spaine , portugall , bohemia , and the rest . but what concerning the pope himselfe ? the cardinals , they say , because they have chosen him , or if they doe not their duty , the patriarks , who are primates next after the cardinals , may against his will , for certaine causes call a councell , and in it judge the pope , if he shall scandalize the church by his notorious offences ; if he be incorrigible , if reformation be necessary as well in the head as members ; if contrary to his oath he will not assemble a councell , and the like ; and de facto , we read that many popes have beene deposed by authority of a councell . but if ( saith baldus ) they be pertinaciously abused ; at first they must use words , secondly , herbes , that is , medicines ; lastly , stones ; and where the truth of vertue sufficeth not , there the defence of weapons ought to prevaile . but and if by the suffrages almost of all learned men , the decrees of councels , and the acts themselves done , it be proved , that a councell , as they speak , may lawfully depose the pope , who yet boasts himselfe to be the kings of kings , and claimes as much to be above the emperour , as the sunne is above the moone ; yea , also arrogates to himselfe an authority of deposing kings and emperours at his pleasure ; who at last can doubt , but that by the publike councell of every realme , not onely a tyrant , but a king , pernicious to his kingdome for his madnesse or folly , may be deposed or removed ? goe to now , in this our politicke ship , the master gluts himselfe with wine ; most of his assistants either asleepe , or drunke with mutuall cups sportingly behold an imminent rocke . the ship in the meane time , either holds not that course which is expedient for the owner , or seemes speedily to be wracked ; what thinkest thou is here to be done under the master , by one who is vigilant and sollicitous ? shall he pull those by the eares who are asleepe , or onely jogge them by the sides ? but in the meane time , lest he should seeme to doe ought without their command , shall he not afford his helpe and assistance to the indangered ship ? truly what madnesse , or rather impiety will this be ? seeing then ( as plato saith ) tyranny is a certaine phrensie and drunkennesse , the prince may utterly subvert the republike , the most of the nobles may collude , connive , or at least are fast asleepe : the people who are lords of the republike , by the fraud or negligence of these ministers , which is their fault , are reduced into greatest straights in the meane time there is one of the nobles which considers the incroaching tyranny , and detests it from his soule , what thinkest thou is now to be done against him by this man ? shall he onely admonish his colleagues of their duty , who themselves doe as much hurt as they may ? but , besides , as it is perillous to admonish , and in that state of things it may be deemed a capitall crime , shall he do like those , who contemning other helps , casting away their armes , shall cite lawes , and make an oration concerning justice among theeves , in the midst of a wood ? but this truly , is that w ch is cōmoly said , to be madde with reason : what then ? shall he grow deafe at the peoples groanes ? shall he be silent at the entrance of theeves ? or shall he finally grow lasie , and put his hands into his bosome ? but if the lawes appoint the punishment of a traytor against one wearing buskins on his legs , who counterfeits sicknesse for fear of the enemies , what punishment at least shall we decree against him , who either through malice , or sloathfulnesse , shall betray those whom he hath undertaken to protect ? but rather he shall command those things that are needfull to such as are wary by a mariners shout ; he shall take care lest the common-wealth receive any detriment , and shall preserve the kingdome even against the kings wil and resistance , by which he himselfe becomes a king ; and shall cure the king himselfe as a frantick man , by binding his hands and feet , if he may not otherwise doe it . for , as we have said , the universall government of the realme is not committed by the people to the king , as neither the oversight of the whole church to the pope , but to every one of the nobles according to his power . but certainely , because concord proceeds from unity , that there should be no emulation among peeres , a king was instituted , who should hold the supreme place in the administration of the common-wealth . the king swears that he will seeke the safety of the realme ; the nobles swear every one the same by himselfe : whether therefore the king or most of the nobles neglecting their oath , shal either destroy the common weale , or desert it being in danger , ought the rest therefore to desert the republike , or at least be lesse bound to defend it , as if they were absolved from their oath ? but rather then especially they ought to shew their fidelity , when as others neglect it , especially since they were principally instituted for that end , like the ephori ; and every thing may then be reputed just , when it attaines its end : whether truly if many have promised the same thing , is the obligation of the one dissolved by the perjury of the other ? whether if many be guilty of the same sinne , are the rest freed by the fraud of one ? whether , if many co-gardians ill defend their pupill , shall one good man be lesse bound with the burthen of the wardship through their default ? but rather , neither can they avoyd the infamy of perjury , unlesse they endeavour to satisfie their trust as much as in them lieth ; neither can those exempt themselves from the danger and judgement of a gardianship ill administred , unlesse they implead the other gardians suspected ; when as verily one gardian may not only implead the rest suspected , and take care of those to be removed , but also remove them . therefore those who have promised their aide and assistance to all the realme or empire ; such as earles of the stable , marshals , senators , and the rest ; or those who have done it specially to any county or city which may make a part of the realme ; as dukes , marquesses , earles , majors , and the rest , are bound to aide the whole common-weale oppressed with tyranny , or that part thereof , which the people have committed to them next after the king. and these truly ought to vindicate the whole commonweale from tyranny , if they be able ; those as gardians assigned throughout counties , that part of the realme whose defence they have undertaken : these i say , are bound to restaine a tyrant , those to drive him out of their coasts . therefore mattathias as one of the nobles , the rest partly conniving , partly colluding ; when antiochus tyrannically oppressed the kingdome of judah , speakes thus to the people ready to take up armes : let us restore the state of our people ; let us fight for our people , and our holy places : whence it plainely appeares , that we may not onely lawfully fight for religion , but for our countrey ; for an hearth i say , no lest justly then for our altars , and take up armes against such a tyrant as he was : neither are they blamed by any , for recovering the kingdome , but that they claimed the royall dignity to themselves , which pertained to the tribe of iudah . many pertinent examples to this purpose occurre in historians . arbactus governor of media , slew sardanapalus spinning among women , and spending the royall treasure among whores . vindex president of the french , and galba of the spaniards revolted from nero , together with all france and spaine , the senate conniving at his tyranny . but especially that laconick judgement is observable , which verily proceeding from that senate , ought to passe into a thing adjudged among all nations . when the lacedaemonians possessed byzantium , they made clearches captaine of the army , governour of the city , who taking corne from the citizens , distributed it to the forraine souldiers ; but in the meane time the families of the citizens perished with famine . anexilaus therefore , one of the magistrates of the city , moved with that tyranny , agreed with alcibiades about the yeelding up of his countrey to him , and he soone after is received into the city . anexilaus being accused at sparta for yeelding up of byzantium , pleaded his cause himselfe , the spartanes absolved the man ; because they said , warres were to be waged with enemies , not with the nature of things ; now nothing is more repugnant to nature , then , if those who are bound to defend a city , became more unjust then the enemies . thus the lacedaemonians determined justly , to whom scarce any good kings will not assent ; verily those who desire to rule well , care not at all what is determined concerning tyrants , or what the nobles or people themselves may doe by law. but we must yet proceed further . every one of the mariners is bound , if the ship be endangered through the default or negligence of the ship-master , to put to his helping hand : every one of the nobles is bound , if the republike perish by the wickednesse or carelesnesse of the prince and his colleagues , to helpe it , being like to fall , and to vindicate the whole kingdome , or at least that part thereof which is committed to him , from tyranny . but then shall it be lawfull for every ordinary slave to doe the like ? or peradventure shall it be lawfull to herdonius sabinus , euno surianus , spartacus the fencer , or , i say , to any private man to enfranchise servants , to stirre up subjects to armes , finally to combate with the prince , if tyranny urge them ? no verily . the republike is not committed to single or private men , yea they themselves are committed to the care of the nobles and magistrates no otherwise then pupils . therefore they are not bound to defend the republike , who cannot defend themselves . the sword is not committed to every man neither by god , nor by the people ; therefore if they draw the sword without command , they are seditious , although the cause may seeme to be just . finally , private men doe not make the prince , but all . therefore they ought to expect the command of all , or of those , i say , who represent all in a realme , countrey or city , which may make a part of the realme , or at least of one of them , before they attempt any thing against the prince . for as a pupill cannot bring an action without authority of his tutor , although the pupill be truly a lord , and the tutor onely is reputed for the lord , as farre forth as appertaines to his tutelary providence : so neither may the people doe ought , but by the authority of those , on whom they have transferred their authority and power ; whether they be ordinary magistrates , or extraordinarily , created in a publike assembly ; whom , i say , they have guirded with the sword for this purpose , to whom they have delivered themselves up to be governed and cared for ; who finally like that pretor of rome , who judged betweene servants and masters , are truly constituted in that place , that if any contention arise betweene king and subjects , they may shew themselves judges and redressors , lest the subjects themselves should pronounce sentence in their owne cause . therefore if unjust customes or grievous taxes be imposed , if things be done against pacts or fraudulently , and yet not one of the nobles speakes against or resists it , let them thinke they must then sit still , and thinke , that the best physitians to prevent or take away a disease , doe oft-times prescribe the opening of a veine , the evacuation of humours , yea and scarification . for such is the nature of things , that scarce any mischiefe can be cured without another ; scarce any good may be acquired without diligent labour . they have the example of the people under solomon , who refused not the grievous tributes imposed on them for the building of the temple , and fortifying the kingdome ; because they judged those things to be imposed by the publike councell , to the glory of god , the beauty and ornament of the republike . they have likewise the example of christ our saviour , who although he were the king of kings , yet because he then sustained a private person , he payed tribute willingly . if the nobles and magistrates themselves favour apparent tyranny , or at least oppose it not , they may remember , that for the sinnes of the people , god suffers hypocrites to reigne ; whom unlesse they turne themselves to god with all their heart , cannot be overturned with any engines . therefore there is no need of feet or hands , but bended knees . finally , they must suffer evill princes , wish for better , and thinke , they must beare that tyranny with a patient minde as they doe haile ; stormes , tempests , and other naturall calamities , or change their habitations . david retired into the mountaines , and spared saul a tyrant , because he was none of the nobles of the people : christ , because he was not of this world fled into egypt , to avoyd herods tyranny . paul , because he describes the office of private christians , not of magistrates , teacheth that they must obey nero himselfe . but if all the nobles , or most of them , or at least one of them endeavour to restraine apparent tyranny , or the magistrate to drive it from that part of the realme which is committed to him , if he be such a one , as under pretext of expelling it , may not introduce another tyranny ; then verily assembling together , they may run who shall goe fastest to this choyce man , they may earnestly assist with their feete and hands , and as if god himselfe had given a signe from heaven , of a fight against tyrants , endeavour to free the kingdome from tyranny . for as god punisheth and chastiseth the people by tyrants , so likewise tyrants by the people : and that is a perpetuall truth which syrach saith ; that kingdomes are translated from nation to nation , for the iniquities , injuries , and wickednesse of princes ▪ and that every tyranny continues but a short space . thus the captaines and souldiers carefully executed all the commands of iehojada the high priest , in revenging the tyranny of queene athaliah : thus all the godly men of israel went to the maccabees , partly that they might defend the true worship of god , partly that they might free the republike against the impious and unjust attempts of antiochus ; yea god favoured their just endeavours , and gave them prosperous successe . what then ? may not god likewise out of private men themselves raise up some avenger of tyranny ? cannot the very same who raiseth up tyrants out of the people , backed with no title , no pretext , to punish the people , likewise raise up deliverers also out of the lowest of the people ? cannot the same who enthralled the people to jabin and eglon , deliver the same people by ehud , barac , deborah , and as it were manumit them when they were deserted by the nobles ? what therefore should now hinder , thou wilt say , but that the same god who hath sent tyrants on us at this time , should likewise extraordinarily send revengers of tyrants ? why , if ahab rageth against good men , if jezabel suborne false witnesses against naboth , shall not there be also a iehu , which may extirpate the family of ahab , who may avenge the bloud of naboth , who may cast downe iezebel to be torne in peeces of dogges ? verily , what i have answered before , as nothing hath departed from the justice of god at any time , so not from his mercy . but yet since those evident signes , by which god was wont to confirme these extraordinary vocations of those worthies , are for the most part wanting to us in this age , let the people take heed , lest whiles they seeke to passe over sea with a drie foote , some impostor being their captaine , they fall not headlong into a gulfe , which we read sometimes to have hapned to the jewes : lest whiles they seeke a revenger of tyranny , they perchance follow one , who , that tyrant being expelled , will translate the tyranny it selfe unto himselfe : lest finally whiles they seeke to deserve well of the common-wealth , they militate to the private lust of any ; so as that may fall out which hath hapned to many republikes , especially the italian , whiles that they endeavour to remove the present evill , they bring in a farre greater . i shall close up this with three authorities more ; the first , of mr. john calvin , who pleads as much for obedience to tyrants and unjust magistrates as any man : instit . lib. . c. . sect . . i alwayes speake of private men : for if there be any popular magistrates constituted to moderate the lust of kings ( such as heretofore were the ephori , who were opposed to the lacedaemonian kings , or tribunes of the people against the roman senate ; or the demarchi against the athenian senate , and which power peradventure , as now things stand , the three estates in all kingdomes enjoy , when they assemble ) i am so farre from inhibiting them to withstand the raging licentiousnesse of kings , according to their duty : that if they connive at kings outragiously encroaching upon , and insulting over the inferiour common people , i shall affirme , that their dissimulation wants not nefarious perfidiousnesse , because they fraudulently betray the liberty of the people of which they know themselves ordained protectors by gods ordinance . the second is , huldericus zuinglius : explanatio artic. . quando vero perfide & extra regulam christi ( principes ) egerint , possint cum deo deponi , consensu & suffragiis totius , aut certe potioris partis multitudinis . quaeris quando id fiet , ut major pars populi bono consentiat ? ad hoc dico quod antea ; si non consentiunt ut malum tollant , ferant jugum tyranni , & demum cum eo pereant . nec querantur sibi fieri injuriam , cum sua culpa id mereantur ut quidvis patiantur . quis ergo miretur si populus ob flagitia & scelera principum paenas luat ? primum , cur non juxta naturae regulam cum proximo agimus ? sic enim omnes fratres essemus , & principe nullo esset opus . deinde , cur non summo studio justitiam sectamur , & exosam habemus injustitiam omnes ? sic enim facile fieret ut unanimi consensu tyrannum officio moveremus . nunc cum tam tepidi sumus in tuenda justitia publica , sinimus ut impune vitia tyramorum bodie regnent . merito ergo ab illis conterimur , & tandem cum illis luimus . non ergo desunt viae per quas tyranni tollantur , sed deest publica justitia . cavete vobis , o tyranni , evangelium enim jesu christi late sparsum vitam multorum innovabit ut innocentiae & justitiae plurimi studeant , cui & si vos studueritis , summo bonore vos prosequantur , sin furere & vim facere perrexeritis , omnium pedibus conculcabimini . so he the last is the generall union of the states of the united provinces , to defend their liberties and religion , made at brussels , the tenth of january . thus related by grimston in his history of the netherlands l. . p. . . the states seeing themselves ingaged in warre on all sides against the spaniards , ( who were proclaimed enemies to the countrey ) fearing some dis-union amongst themselves , by the inticing perswasions of such as sought to dismember them , they resolved , before that don john should enter into the countrey , to make a generall union among themselves , as well prelates , noblemen , and townes , as of others of the seventeene provinces : which was allowed by the lords of the councell of state , deputed by the king , for the government generall of the said countries ; whereof , the originall remaines in the custody of the states of brabant . of which union , the tenor followeth . a generall vnion of the states . vve who have signed these presents ; prelates , church-men , noblemen , gentlemen , magistrates of the king , townes , castles , and others , making and representing the states of the seventeene provinces , being presently assembled in this towne of brussels , and others , being under the obedience of the most high , mighty , and famous prince , king philip , our soveraigne lord and naturall prince ; we give all men to understand , both present and to come , that seeing our common countrey afflicted by a more then barbarous and tyrannous oppression of spaniards , we have beene forced and moved to unite our selves together , and with armes , counsell , men , and money , to assist one another against the said spaniards , and their adherents ; being declared rebels to his majesty , and our enemies . and that this union and conjunction hath beene since confirmed by the pacification last made ; and all by the authority and consent of the councell of state , committed by his majesty for the generall government of the said countries : and as the pretended end of this union requires all fidelity , constancie , and naturall assistance for ever ; and that we would not by any misprision have cause of jealousie or mistrust , and much lesse of any bad affection or disposition of any of us ; but contrariwise , to have the affaires of the said union effected with all the sincerity , fidelity , and diligence that may be , so as not any of the subjects and inhabitants of the said countries and province may have any just cause to be discontented , or to doubt of us : for these considerations and reasons , and that nothing may be treacherously done , to the prejudice of our common countrey , and just defence ; or that omitted by negligence , which shall be necessary for our just and lawfull defence ; we have by vertue of our power and commission respectively , and otherwise for us and our successors , promised and doe promise , by the faith of christians , of honest men and true countrey-men , to keepe and entertaine inviolably for ever the said union and association ; so as not any one of us may breake or fall from it , by dissimulation , secret intelligence , or in any sort whatsoever . and that for the preservation of our holy , catholike , and romish faith , and the accomplishment of the pacification , as also for the expulsion of spaniards and their adherents ( with all due obedience to his majesty ) for the good and quiet of our countrey , and the maintenance of our priviledges , rights , freedomes , statutes , customes , and antient uses : for the effecting whereof , we will use all meanes possible ; imploying both money , men , counsell , and goods , yea and our lives , if it were necessary . and that none of us may in private give any counsell , advice , or consent , nor have any secret conference with them that are not of this union , nor yet reveale unto them in any sort what hath or shall be treated of in this assembly , or resolved ; but shall wholly conforme himselfe according to our generall and common resolution . and in case , that any province , estate , countrey , towne , castle , or house , were besieged , assaulted , invaded , or opprest in any sort whatsoever : yea , if any of us , or any others ( having indeavoured himselfe for his countrey and the just defence thereof , against the spaniards , or for other causes depending thereon , as well in generall as particular ) should be sought after , imprisoned , ransomed , molested , or disquieted in his person , and goods , honour , and estate , or otherwise ; we promise to give him assistance by all the said meanes ; yea , and to procure the liberty of them that shall be imprisoned , either by force , or otherwayes ; upon paine to be degraded of their nobility , name , armes , and honour , and to be held perjured , disloyall , and enemies to our countrey , before god and men , and to incurre the note of infamy and cowardise for ever . and for the strengthening of this our holy union of association , we have signed these presents the tenth of january , . underneath were the signatures of the deputies of every province , prelates , noblemen , and commissioners for townes ; and underneath them , was written the agreation of the councell of state , as followeth : the deputies of the generall estates here under-written , having required them of the councell of state , committed by his majesty for the government of the netherlands , to consent unto and allow of that which is contained in the union above written : the councell , in regard of the said request , and the reasons therein contained , have as much as in them lay , allowed , and doe allow by these presents , the said union , according to the forme and tenor . made at brussels in the state-house , in the assembly of the said states , the tenth of january , . and underneath was written : by the commandement of the lords of the councell of state : signed ; berrii . if any shall here object ; that a kings are of divine institution ; whence , dei gratia , ( by the grace of god ) is peculiarly annexed to their titles ; and not communicated unto subjects . therefore though they prove never so flagitious or tyrannicall , they may in no wise be forcibly resisted , or questioned by their nobles and parliaments for their crimes . i answer briefely ( because i have b elswhere largely dissipated this objection ) first , that kings are no more of divine institution , then any other inferiour magistrates , officers , or princes whatsoever ; as the c scriptures abundantly evidence . but all other inferiour magistrates , officers , and princes whatsoever are resistible , questionable , censurable , and deposible for their tyranny , wickednesse , and misgovernment by the parliaments censure , as i d have proved , notwithstanding their divine institution ; therefore such degenerating kings too , as well as they in such cases . secondly , all e ministers of the gospel , are as much , ( if not farre more ) jure divin● , and by gods owne ordination , as kings are ; a truth undeniable . but they for their offences and misdemeanors contrary to their function , may be both forcibly resisted , censured , deprived , degraded , yea and executed , notwithstanding their divine right and institution ; as the canons of most councels , the practise of all ages , yea , the expresse letter of the . article of the church of england , with all our episcopall canons and canonists attest : therefore tyrannicall degenerating kings may be so too , by the selfe-same reason , in some cases . thirdly , this title of dei gratia , in publike writs , anciently hath beene , and yet is common to bishops , prelates , inferiour magistrates and subjects , as well as to kings ; as sundry precedents f in our law bookes , g matthew paris , h salon , with others attest , and mr. john selden in his titles of honour , part . . chap. . sect. . p. . professedly proves at large , to whom i shall referre you : but these both lawfully may be , and alwayes have beene forcibly resisted , questioned , convented , deprived , censured for their tyranny and misdemeanors , notwithstanding this their stile of dei gratia , or pretence of divine institution : yea , we know that bishops have beene lately thrust out of many churches , notwithstanding their long pretended ius divinum to support their hierarchy ; and iohn gerson a papist , hath writ a particular treatise de auferibilitate papae , notwithstanding the popes pretended divine title to his monarchy , which may be now , and one day shall be totally abolished . therefore tyrannicall degenerous kings , may be justly resisted , censured , deprived , as well as they , and royalties changed into other governments , by the peoples and kingdomes common consents , if they see just cause . if any secondly object : * that kings are annoynted at their coronation ; therefore their persons are sacred , irresistible , unquestionable , unpunishable , for any tyrannicall or exorbitant actions whatsoever . i briefly answer : first , that every christians baptisme , ( being a sacrament of christs owne institution ) at least his spirituall unction and sanctification , ( as i have i formerly proved ) makes a person as sacred , yea more holy , then kings annoynting ( being no sacrament ) can , or doth of it selfe make the person of any king whatsoever . a truth which no christian can without blasphemy deny . but baptisme , and the inward unction of the spirit of grace and sanctification , exempts no christians from resistance , censure , punishments of all sorts , in case they commit any exorbitant or capitall crimes ; as experience tels us : therefore kings coronation annoyntings cannot doe it . secondly , k priests anciently were and at this day too in the roman church , are annoynted as well as kings ; and so are children and sicke persons ( that i say not altars , bels , &c. ) with chrisme and extreame vnction : but these unctions conferre no such immunity to priests , children , sicke men , others , &c. therefore neither can this annoynting doe it to kings , especially now , being no divine institution . thirdly , the annoynting of kings , is not common to all christian kings ( many of them especially in former times , having beene crowned without any annoynting at all ) but peculiar to emperours , and to the kings of ierusalem , france , england , and sicily , the foure annoynted kings , onely , as l albericus , m restaurus castaldus , n antonius corsetus , o azorius , p cassanaeus , and q sundry others affirme , out of the old roman provinciall : though some other kings have now and then beene annoynted when they were crowned , as mr. selden proves . since therefore all kings persons are reputed sacred , as well as these foure who are annoynted ; and these kings as soone as the crowne descended to them , even before their unctions and coronations were deemed as sacred and inviolable as before ; it is certaine , that their very enoyling of it selfe makes no addition to their personall immunities from just resistance , publike censures , or deprivations for grosse unsufferable publike crimes . fourthly , the annoynting of christian emperours and kings is not very ancient ; charles the great being the first annoynted emperour if we t beleeve mr. selden . the first annoynted king in france , was pipin about the yeare . the annoynting of their v clovis the first , about the yeare . with that holy vial of never-decaying oyle ( reserved at rheimes to annoynt their kings ) which they say a dove brought downe from heaven to annoynt him with , ( a ridiculous monkish fable , much insisted on by x bochellus and other french-men , who relate the grand solemnity used in the carrying and recarrying of this fabulous vial , at the french kings coronations ) being not at his coronation , as many fondly mistake , but onely at his baptisme , as mr. selden manifests by pregnant authorities ; the annoynting of kings is farre more ancient in england then in any other realme , y as mr. selden notes out of gildas ; yet egfert is the first of whose annoynting there is any intimation in our histories , about the yeare . to adde to the holinesse of which ceremony , some of our z monkes in latter ages have forged a legend ( as good as that of the holy viol at rheimes ) that the virgin mary gave to thomas becket , archbishop of canterbury ( during his exile under henry the second ) a golden eagle full of precious oyle , inclosed in a stone vessell , commanding him to preserve it : foretelling him , that the kings of england annoynted with this oyle , should be champions of the church , and bountifull , and victorious as long as they had this eagle , & oyle . how late the unction of kings began in other realmes , you may read at large in a mr. selden ; and how the later kings of judah were annoynted , and with what unguent or oyle , the curious may read at leisure in b cunaeus . this annoynting therefore of kings being not of divine institution , of such puny date in most realmes , and no wayes necessary nor essentiall to the constitution or inauguration of any christian king ; can adde no immunity , or priviledge at all to the persons of kings , much lesse exempt them from all forcible resistance , just censures , or deprivation it selfe , if there be just and reall cause to proceed criminally against them in case of incorrigibility , as i have elsewhere more fully demonstrated , and therefore shall no further expatiate in this particular here : onely i shall conclude with one notable history which proves it . i read in * gulielmus neubrigensis ; that for an hundred yeares space and more , though there were a numerous succession of kings in norway , yet none of them ended his life by old age or sicknesse , but all of them perished by the sword , leaving the soveraigne power of the realme to their murderers , as to their lawfull successors , so as to all those who are knowen to have reigned there for so long a time , that which is written might seeme to have reference ; hast thou slaine , and also taken possession ? the nobles of this land out of a pious endeavour , desirous to heale this infamous mischiefe , obteining now the vigour of a law as it were through long custome , decreed , that the new king should be solemnly annoynted with a mysticall unction , and crowned , so as no man should dare from thenceforth to lay hands on the lords annoynted : for till that time none in that nation hath ever beene consecrated king after an ecclesiasticall manner , but whosoever had tyrannically slaine a king , put on the person and power of a king thereby , and left the same likewise after a little fortune to his murtherer , by a law of inveterate custome , which verily , out of a certaine christian simplicity , was thought by many to have beene therefore so frequently done , because none of the former kings had deserved to be initiated with the solemnitie of a royall vnction . therefore haco being slaine who had succeeded king jnge slaine by him , when the succession of the crowne seemed to belong to one magnus a child , nephew to jnge , the wisemen and nobles of the realme by a common decree , caused the said child to be solemnly consecrated to be the lords annoynted , and crowned with a diadem . by which deed they thought that they had a prince made sacred to them , and that the disgrace of the ancient custome was thereby abolished . but when magnus had reigned some few yeares in great prowesse and happinesse , a most infamous priest suerus , surnamed birkebain , usurped a tyranny , twice defeated magnus by warlike stratagems , and at last utterly routed and slew him in battell ; ( notwithstanding his annoynting ) and usurping the crowne , renounced his holy orders , married a wife , and would have beene crowned by the archbishop of that land ; but he being a great man , would neither be moved with prayers nor threats , to annoynt an exectable head with sacred vnction , for which he was banished the countrey : at last after two great victories against two competitors who were slaine , suerus obtained the royall crowne , with mysticall vnction , by the hands of a certaine bishop compelled thereunto under paine of death , as it were secure by his frequent successes , from the uncertaine end of a long prospering tyranny , &c. by which history it is evident , that it is but a childish simplicity to beleeve , that the ceremony of annoynting kings can of it selfe make kings persons sacro-sanct , or preserve them from violence or assassinations , since it no way prevented this mischiefe in this realme , ( nor yet in any other ) the very first king for whose personall safety this ceremony of annoynting and crowning was introduced among the norwegians and danes , being not long after slaine by his subjects and competitor in battell . i shall close up this with the notable sentence of deprivation solemnly given and executed against wenceslaus the emperour , notwithstanding his annoynting . the sentence of degradation and deprivation of the emperour wenceslaus king of romans , pronounced by the electors of the empire in the yeare of our lord. . in the name of god amen : we john by the grace of god , archbishop of the church of mentz , arch-chancellor of the sacred roman empire throughout germany , make knowne to all men present and to come . what various , manifold , and grievous , as well incommodities as discords , have for many yeares since beene brought into the holy church continuing even to this present , and daily sprouting up more abundantly to the most grievous convulsion , imminution , and dissipation of the sacred roman empire , ( which ought to be a garrison to the church of god and the christian world ) as they cannot be all written , so the mischiefes daily increasing do manifestly enough teach and confirme . and for this cause the lords electors of the sacred roman empire , the ardent petitions of the holy church , princes , nobles , cities , provinces , and subjects of the sacred empire , intreating , desiring a prudent moderator , have long agone very often and seriously , together with us admonished the most illustrious prince lord wenceslaus king of bohemia , both by their owne and their friends labour , and finally by letters ; and have diligently set before his eyes , privately and publikely , his unbeseeming and detestable manners and actions in governing , as also the defects , incommodities and discords of the said church and christian world , likewise the most grievous avulsions and diminutions of the members of the sacred empire , hurtfully done , and permitted to be done , against the dignity of his name : to wit , that he hath not promoted peace in the church , although the great necessity of the christian world , as likewise his office of advocate and defendor of the church , earnestly required it , and he hath also beene frequently desired , required , and admonished to doe it : he notwithstanding perniciously mutilated the empire , and permitted it to be maimed in some members . in the number whereof are millain , and the province of lombardy , which were of the right of the same roman empire , most ample emoluments returning thence to the empire : in which dominion the millainer , like a minister , enjoyed it as a part of the roman empire ; when as he , contrary to that which became his sublimity and dignity , receiving money , created a duke of millain , and an earle of papia . moreover , he hath alienated divers cities and lands belonging to the empire , as well in germany as in italy , some whereof had returned to the same , having little consideration , that he ought to retaine them with the sacred empire . moreover , he hath sold for money to his friends , very many naked and unwritten parchments , ratified notwithstanding with the seale of his majesty ; wherein it was lawfull both for them and others into whose hands these parchments came , to write what things they pleased under the royall seale . out of which thing , for the hurtfull diminution and dissipation of the rights and emoluments of the sacred roman empire , great complaints are risen up . moreover he never had any care of the controversies and warres , which ( alas for griefe ! ) have miserably afflicted and ruined germany , and other lands of the sacred empire . hence spoylings , burnings , and robberies have sprung up , with such lamentable encreases even at this day , that none , neither clarks nor laicks , neither hasbandmen nor merchants , neither men nor women , whether by land or sea , may converse in safety . temples , monasteries , and religious houses , which the sacred empire ought with its hand to assist and defend , are exposed to rapines , and burnings , and reduced to destruction . things are gone to this passe , that every one might have handled , and may even now handle another at his pleasure , against the reason of right and equity , without any feare of the sacred , and long despised imperiall authority , so as even the place of conventing any one , where the defence and patronage of right may be undertaken in the name of the empire , is altogether unknowne . finally , which is horrible and dreadfull to be spoken , both with his owne hand , and the hand of other wicked instruments he hath with him , he hath put to death , drowned in the waters , burned in the fire , miserably and cruelly destroyed , the reverend bishops of holy things , priests , and spirituall pastors , likewise many other men of honest note , against the rule of right , otherwise then became the king of romans . which mentioned things verily , and many other grievous wickednesses and dammages are so divulged and openly knowne , that they can be no wayes excused or concealed . therefore we , as we have fore-written , have frequently very earnestly beseeched , admonished , and required him , that renouncing this unbeseeming kind of life , he would take the study and labour to himselfe , whereby he might recover to the holy church , oft-times imploring his aide , as king of romans , and her advocate , peace and tranquillity , and to the sacred empire , its prestine honours , dominions , and finally its emoluments ; to the assistance and consolation of the christian world , grievously debilitated and oppressed in this regard . now albeit we have most clearely explicated to the foresaid lord wence●●aus , and exhibited to him in writing , these and other more grievous defects , concerning him as king of romans , and the empire ; yet having heard his answers , and having reiterated our serious exhortations , moreover having communicated the businesse to the sacred roman sea , we have never as yet found him , to have amended his manners as became a king of romans ; namely to recover peace to the church , principally necessary to the christian world ; also to the sacred empire , its dignities , lands , and dominions : a thing which is most notoriously knowne throughout all the provinces of the empire . therefore because we could no longer neither conceale , nor endure the remembred and many other defects , touching the sacred church and empire , with grievous losse and mourning ; by reason of the instant petitions of the persons aforesaid , but especially by reason of the oath wherewith we are obliged to the same , as the next superiour members of the sacred empire ; therefore as of bounden duty , we were to advise and endeavour how the sacred empire might be more rightly and wholesomly provided for , ( by whose madde and negligent administration those inconveniences have crept in ) to the safegard and consolation of the christian world . and verily as he in obeying us , had performed an acceptable thing , so we have sufficiently and seriously called and cited him , so as wee have signified to him ; that unlesse he should be present at the place and day appointed , it would come to passe , that both in respect of the petitions exhibited to us , as likewise in respect of our oath , we should be compelled to take and enter into such counsels , whereby the sacred empire might be better setled : most clearely attesting it in our letters . for this purpose we appeared at the place and time prescribed , together with our coelectors sufficiently summoned , also with the other princes and of the sacred empire , expecting from day to day , whether the foresaid lord wenceslaus would appeare , to apply a remedy to the foresaid diseases , and from thenceforth more rightly to consult about the affaires of the sacred empire . but he neither vouchsafed to appeare , nor yet to send any one to us in the name of a proctor . wherefore when as by reason of so many pregnant and pernicious defects , we had admonished and reproved him very often in private and in friendly manner , but after that , when we could doe no good , before the princes and nobles , and cities of the empire , in divers assemblies , not without great and grievous expences , yet without any fruit ; therefore we referred all the fore-mentioned things to the sacred roman sea. but when as neither then , he no whit regarded all those things , we could conjecture nothing else from thence , but that he had laid downe the care both of the church and christian world , but especially of the sacred empire . therefore resolving , that this mischiefe , destructive to the whole christian republike , was by no meanes to be any longer borne and tolerated , with a minde well confirmed , after many and various debates and consultations , both betweene our selves , as also with other princes and nobles of the sacred empire , seriously had , for the safety of the church , the consolation of the christian world , the honour and profit of the sacred empire , we have thought meet , that the foresaid lord wenceslaus , should at this time be wholly removed from the roman sacred empire and all its dignity , as one that is negligent and a destroyer of the empire , and unworthy of it . therefore we john , archbish . in the name of the foresaid lords coelectors of the sacred empire , and our owne , moved both with the commemorated , as also with many other notable defects and causes , by this our sentence , which we give and pronounce by this our present writing , deprive and remove the foresaid lord wenceslaus , a● an unprofitable , negligent waster , and unworthy defender of the sacred empire , from the foresaid roman empire , and from all his degree , dignity , and dominions appertaining to the same : denouncing to all the princes , nobles , knights , gentlemen , cities , provinces and subjects of the sacred roman empire , that they are altogether free from all homage and oath made to the person of wenceslaus in the name of the empire : requiring and admonishing them under the faith of the oath , wherewith they are obliged to the sacred empire , that they doe not henceforth , obey , and submit to the said lord wenceslaus , as the king of romans , nor exhibit or suffer to be exhibited to him any right , obedience , tribute , rent , or any other revenue , b● what name soever it may be called ; but reserve the said duties , for a profitable and idoneous king of romans , hereafter to be substituted by gods gracious assistance . in assurance and testimony of all which things , we john archbishop of mentz , have caused this present instrument to be made by the subscribed notaries , in this patent forme , and our great seale to be affixed thereunto . this premised sentence was read and pronounced by us john archbishop of mentz , in our name , and the names of the lords , coelectors before remembred , under the castle lonstein at the rhene , in the diocesse of triers , reaching towards brubachium , out of a publike throne , erected for the use of a tribunall , the lords coelectors sitting there in judgement , in the yeare of our lords incarnation , . the eight indiction , on saturday the twentieth day of the month of august , a little before the time of the nones ; in the eleventh yeare of the papacy of our most holy father and lord in christ , lord boniface the ninth , pope , by divine providence ; in the presence of the most illustrious princes and lords , john , sonne of the most illustrious prince and lord rupert , duke of bavaria and count palatine of rheine , fredericke burgrave of norimberge , the noble philip lord of nassau , and sarbrucke , emichon of luringen , john of zigenhaim , cunrade burgrave , our canon of mentz , earles : bernhard of westerburg , john of limpurge , rinehard of honowe , barons : mr. nicholas berwin of the sacred page , john of witenburg , and nicholas burgman , of the decrees ; mr. herman president of saint gerion of colen , doctors of the law likewise the valiant knight sigfride of lindow , our vice-commander in ringaugia ; john bossen of waldeck , our buggrave beckelnheim ; and our trusty henry rulman , of dadenberg , gerard of emerberg , lord in lantscron , fredericke of sachenheim , culman of coneren , john of dalburg , rudolfe of zeissikon , as also many other lords , knights , and gentlemen , spirituall and secular ▪ standing by in great member , called and requested to the things above written . and i nicholas berchtoldi fridberg , clerke , publike notary of the diocesse of mentz , by episcopall and emperiall authority , and sworne scribe of my foresaid most gracious lord , lord john archbishop of mentz , because at that time i was personally present when this sentence which we have fore-writ , was given and pronounced , together with the publike notaries and witnesses commemorated , and saw and heard all these things to be done ; therefore at the command and request of my foresaid most gracious lord of mentz ; have reduced this publike instrument faithfully put in writing , into publike forme , and have subsigned and ratified it with my accustomed signe of notariship , having likewise annexed the great seale of my foresaid lord of mentz , in assurance and testimony of all th●● premises . the names of the notaries are , nicholaus berchtoldi fridburgensis . joannes meier junior gasterveldensis . conradus a leiborn , clericus , padebornensis di●cesis . henricus stalberg rotenbergensis . tilmannus a honberg . conradus coler zustensis , coloniensis diaecesis . finally , it is evident ; that the nobles , magistrates , parliament , and representative body of the people , or some part of them in default of the rest , may lawfully take up defensive armes to resist their princes , endeavouring to abrogate the law of god , to waste the church , and extirpate the true religion setled among them by the lawes , and usher in idolatry . and , that in such a case as this , neighbour princes and states lawfully may , yea and ought in point of conscience , to aide the subjects of other princes , afflicted for the cause of pure religion professed by them , or oppressed by open tyranny . these propositions are largely and professedly debated by junius brutus in hisvindiciae contra tyrannos : quaest . . . & . throughout , in the treatise intituled de jure magistratus in subditos , spent wholly in this theame . georgius obrectus . disput . jurid . de principiis belli . num. . to . byvasquius . contr. illustr . . n. . and elsewhere , by albericus gentilis , and sundry others forecited : i shall onely fortifie the later part thereof , with the observation of the * duke of rhoan , who acquaints us ; that it is , and hath beene of later yeares the very true interest , honour , and greatnesse of the kings and queenes of england , both in point of policy and religion , to protect● and assist with armes all princes of the reformed protestant religion , in france , germany , and other parts ; as it is the true interest of the kings of spaine , to protect and releeve all oppressed or grieved roman catholicks under the dominion of other princes : and that their honour , safety , and greatnesse principally consists in the observation and maintenance of this their interest : and with the words of junius brutus ; who thus states and debates the question . an jure possint , aut debeant vicini principes auxilium ferre aliorum principum subditis , religionis causa afflictis , aut manifesta tyrannide oppressis ? in defining this question ( saith he ) there is more need of conscience , then science , which would be altogether idle , if charity obtained its place in this world . but because as the manners of the times are now , there is nothing more deare or rare among men , then charity it selfe , we thinke meete briefely to discusse it . the tyrants as well of soules as bodies ; as well of the church as common-wealth of realme , may be restrained , expelled , and punished by the people . both these we have already proved by reasons . but , because such is the fraud of tyrants , or such the simplicity of subjects for the most part ; that they are scarce known before that they have spoyled ; or these scarce thinke of their safety , till they have almost perished , and are reduced into those straits , out of which they cannot get out with their owne forces , so as they are compelled to implore the aide of other ; it is questioned , whether they defending the cause of religion or of the common-wealth , of the kingdome of christ , or of their owne kingdome , other christian princes may lawfully assist them ? and truly many , whiles they have hoped to increase their wealth by ayding the afflicted , have presently judged it to be lawfull . for thus the romans , alexander the great , and many others , under pretext of suppressing tyrants , have frequently enlarged their dominions : and not long since we have seen henry the second , king of france , to have made warre with the emperour charles the fifth : and that under pretext of succouring and defending the princes of the empire , and of the protestants too ; as also henry the eighth , king of england , was ready to aide the protestants in germany , to make worke for charles the fifth : but if any danger may be feared from thence , or little gaine may be expected , then verily they must heare most princes disputing , whether it be lawfull or no ? and as those under a pretext of piety , did cover either ambition or gaine ; so these pretend justice for their sloathfulnesse ; when as verily neither did piety exhort them , which seekes onely the good of others , nor yet justice ought to dehort these , which looks wholly abroad , and is as it were , cast out of its owne doores . therefore , discharging both these , let us see first in the cause of religion , what true piety , and what true justice may perswade . first , let it be agreed , that there is but one church , whose head is christ , and whose members so cohere and agree among themselves , that none of them ; even the smallest can suffer violence or hurt , but the rest are hurt and suffer griefe , as the whole scripture teacheth . therefore the church is compared to a body . now the body is oft-times affected not onely with the hurt of the arme , or legge , but even of the very the least finger , or perisheth with its wound . therefore in vaine may any one boast , that he is cordially affected with the safety of the body , who when he may defend the whole , yet suffers it to be torne and mangled limb after limb . it is compared to a building : now , where mines are made against any part of the building , the whole building oft-times fals downe to the ground ; and the flame which invades any part thereof endangers the whole . therefore he should be ridiculous , who because he dwels in the cellar perchance , should delay to drive the flame from the top of the house : he should be scarce in his wits , who would not prevent mines with countermines , because they are made against this wall , not against that . it is also compared to a ship : now the whole ship is endangered together , the whole perisheth together : therefore those are equally safe who are in the fore part , as those who are in the puppe ; those who are in keel , as safe as those in the shrouds , if the storme rage : when verily even in the common proveb , those who are conversant in the same danger , are said to be in the same ship : these things laid downe , verily he who is not moved with its griefe , burning , tossing , is not of that body , is not accounted of the family of christ , hath no place in the arke . yet he who is but a little moved , ought no more to doubt , whether he ought to aide the afflicted members of the church , then whether he may helpe himselfe , since in the church all are one ; but rather every one is bound in his place to afford his helpe and assistance to them ; and so much the more helpe , by how much the more riches he hath received from god , not so much to be possessed , as expended . this church as it is but one , so likewise it is universally and intirely committed , commended to all christian princes severally : for because it had beene dangerous to commit the whole church to any one ; and to commit the severall parts thereof to particular persons , had beene clearely contrary to its unity ; god hath committed all of it to every of them , and its particular parts to any of them : nor yet so , as that they should onely defend it ; but also , that they should have a care to propagate it , as much as they are able . therefore if the prince of the countrey , takes care of one part thereof , perchance the german or english ; but yet deserts and neglects the other oppressed part , if he be able to relieve it ; he is judged to have deserted the church , since the spouse of christ verily is but one , which he ought to defend and protect with all his might , lest it should be violated or corrupted any where . the instauration of this universall church as private men are bound to promote with bended knees , so magistrates , i say , are obliged to doe it with their feet , hands , and all their strength . neither is the ephesian church one , the colossian another , and the rest ; but all these particular churches are parts of the universall ; now the universall is the kingdome of christ , which all private men ought to desire ; but kings , princes , magistrates , are bound to amplifie , dilate , defend , and propagate every where , and against all whomsoever . therefore among the jewes there was one onely temple built by solomon , which represented the unity of the church . now he should be a ridiculous churchwarden , and to be punished , who should take care onely to preserve one part safe and sound , but suffer the rest to fall to decay ; likewise all christian kings when they are inaugurated , receive a sword , of purpose to defend the catholike or universall church ; which taking into their hand , they point out all the quarters of the world , and brandish it towards the east , west , south and north , lest any part thereof should be thought excepted . since then they receive the protection of the church in this manner , without doubt they understand the true , not false church . therefore they ought to doe their endeavour to defend , and to restore intirely , that church , which they professe to be true and pure . now that thus it was observed by pious princes , examples may teach us . in the time of hezekiah king of judah , the kingdome of israel was long before enthralled to the king of assyria , to wit , from the time of king hoshea : therefore if that church of god onely which is in the kingdome of judah , and not also the universall , had beene committed to hezekiah ; and if the bounds of the realmes had been to be kept in defending the church , in the same manner as they are in imposing tribute ; without doubt hez●kiah , especially at that season wherein the assyrians enjoyed the empire of the world , would have contained himselfe : but we see that he invited by posts all israel , the subjects , i say , of the king of assyria , to celebrate the passeover in jerusalem ; and moreover that the godly in israel helped them in pulling downe the high places , even in the territories of ephraim , manasses , and the rest . so likewise we read that king josiah , a most godly prince , purged not onely his owne kingdome , but the realme of israel likewise , then wholly subject to the king of assyria , from the worship of idols . verily where the glory of god , where the kingdome of christ are in question , no limits , no bounds , no railes ought to exclude or keepe off the zeale of pious princes . but if peradventure some greater feare hangs over their heads , they may remember by the example of these , that those who truly feare the lord , can feare no man. these examples of pious princes , since the time that the church , which was first circumscribed in palestina , hath beene spread over all the world , many christian princes have followed : constantine and licinius were both emperours , he of the east , this of the west : they were likewise colleagues endued with equall power : now it is known , what is commonly spoken ; that one equall hath no empire over another equall : yet notwithstanding constantine made warre with licinius : who being vexed , slew the christians , and among them many of the nobles , either for the cause , or for the pretext of religion ; by force obtaines free profession of religion for the christians ; and finally breaking his faith , and reverting to his pristine cruelty , he commanded him to be put to death at thessalonica . this i say did constantine the great , whose piety is so much celebrated by the divines of that age , that some of them will have that spoken of him , written in the prophet esay ; that kings should become nursing fathers and pastors of the church . he being dead , the roman empire was divided between both his sonnes by equall right , no prerogative being annexed to either of them . of them , constans fostered the orthodox , constantius the elder , the arrians ; and he verily expelled athanasius the enemy of the arrians , out of alexandria . truly , if any rules of bounds ought to have beene kept , it ought to have beene betweene brethren : yet in the meane time constans threatned his brother , if he restored not athanasius ; being ready to doe it by force , unlesse constantius had speedily restored him intirely ; now if so be he doubted not to doe this , onely for the restoring of one bishop , might he not much more justly doe it , where some part of the people is oppressed , when they implore assistance , when they desire to defend their religion by the nobles approbation ? so likewise theodosius , by the perswasion of bishop atticus undertook a warre against chosroes king of persia , that he might releeve the christians persecuted for religion sake , although they were truly privat men , which surely those most just princes , who enacted so many lawes , and who had so great a care of law , had never done , if they had imagined , that by this their act others territories and the lawes of nations had beene violated . yea , to what end were so many expeditions of christian princes into syria against the saracens ; to what end were those saladinian dismes so oft imposed ; to what end so many sociall warres against the turkes , so many crossadoes indicted against them , if it be not lawfull for any christian princes , even the most remote , to free the church from tyranny , and christian captives from the yoke of bondage ? now with what arguments were they impelled to the warre , with what reasons were they urged unlesse these , that the church was one ? that christ called all whatsoever from all quarters to this service ? that common dangers were to be repulsed with common armes ? all which likewise doe plainely suite with this our cause . now and if this were lawfull for them against mahomet ; yea , not onely lawfull , but likewise as a reward was appointed to the industrious , so a punishment both to the sloathfull , and delayers ; why not also against the enemy of christ ? if i say , against the graecians besieging our troy ; why not also against sinon the incendiary ? finally , if it be a pious act to free christians from bodily servitude , ( for the turkes compell no man to it ) is it not much more so , to manumit the soules of miserable men , and to restore them to liberty ? and verily these so many examples of pious princes may be insteed of a law. but now heare what god himselfe by the mouth of his prophets doth every where threaten against those , who promote not the instauration of the church , or neglect its affliction . the gadites , reubenites , and halfe tribe of manasses , desire of moses that their portion might be given to them and their families on this side jordan : and moses truly gave it them ; but with this law and condition ; that they should not onely helpe their brethren , the other israelites , in conquering the land of canaan , but , because they had first obtained their portion , that they should goe before them , and be placed in the forefront of them : which if they should not doe , he accurseth them , smites them with anathema , and compares them to those who had beene judged rebels at cadesbernea : for what ? saith he , shall your brethren goe to warre , and you in the meane time sit still here ? but rather you shall passe over jordan , neither shall you returne againe hither to your houses before that god hath expelled his enemies from before his face , and given rest to your brethren , as he hath given unto you : then verily you shall be innocent before the lord of israel ; verily those on when the great and good god hath bestowed so great a benefit , unlesse they assisted their brethren , unlesse they were companions of their labours , unlesse they went before them , should without doubt receive most grievous punishments . likewise , when under the conduct of deborah , those of nephthali and zebulon had taken up armes against the tyrant jabin , and in the meane time the tribe of reuben , which ought to be first in armes , delighted themselves with the pipes among the pastures of the flockes , dan boasted of the empire of the sea , asher finally trusted in the asperity of mountaines , all of them are most expresly condemned by the spirit of god , speaking by the prophetesse ; curse ye meroz , saith the angel of the lord , curse ye bitterly the inhabitants thereof , because they came not to the helpe of the lord against the mighty . but blessed above women shall jael the wife of heber the kenite be , who ( although she might have pleaded a truce with the heathens ) yet notwithstanding shee slew sisera , the captaine of the enemies hoast . therefore piously spake v ; riah , the arke , and israel , and judah abide in tents , and oft times passe the night without sleepe in the open fields ; shall i then feast with my wife , eate , drinke , and follow my pleasures ? as the lord liveth , i will never doe this . contrarily the princes of israel did impiously , who trusting in the difficulty of the mountaines of samaria , and in the munition of sion , flowed with luxury , feasted , dranke , slept on beds of ivory , anoynted their heads ; but in the meane time wonderfully despised contrite , cruciated , afflicted joseph , neither were any way moved with his affliction . therefore saith the lord of hoasts , i abhorre the excellency of jacob , and hate his palaces ; i have sworne by my soule that i will deliver up the city ; and all that is therein , yea , these who so greatly rioted shall soone goe with the first into captivity . impiously also did the ephramites , who did not onely not gratulate gideon and jephtha , attaining the victory and triumphing , but likewise envyed them , though yet they deserted them when they were in danger . likewise the israelites , who when david reigned , cryed out ; saying : behold we are thy flesh and thy bones ; when he was reduced into straites , said : we have no part in david , nor in the sonne of jesse . impiously doe all those christians onely in name , who will communicate in the sacred feasts of the church , and yet will not so much as taste the cup of bitternesse with their brethren , who seeke salvation in the church , and yet take no care for salvation and safety of the church and of its members . finally , they acknowledge one father , god ; one family , the church ; professe themselves to be one body in christ ; yet neither yeeld any aide to christ afflicted in his members , or bestow their wealth on him being poore . what thinke we shall be the future punishment of their impiety ? moses compares the deserters of their brethren , to the rebels at kadesbarnea : now none of those by gods owne decree , entred into canaan . therefore they can seeke no place for themselves in the coelestiall canaan , who assist not christ most miserably crucified , and dying a thousand times every day , and implores as it were their helpe from doore to doore . christ himselfe condemnes those to eternall fire , who harboured him not when he was a stranger , who fostered him not when he was a cold , who cloathed him not when he was naked , who relieved him not when he was poore , who freed him not when he was captive . therefore they ought to know , that eternall fire is prepared for them , who passe him by with a deafe eare daily , suffering such things , as though in the meane time they may seeme to worke great miracles ; and therefore verily it shall be easier for certaine infidels , than for them ; for what doe the jewes , the scribes and pharisees properly crucifie christ ? doe the ethnickes , turkes , finally some christians , persecute , crucifie , vex christ in his members ? the jewes professe and beleeve him an imposter ; the ethnickes a malefactor ; the turkes an infidell ; others an heretique . therefore if they consider the minde of them all , from whom we commonly measure the crime , they all seeme to persecute noxious , impious men deserving punishment , not properly to slay christ ; but they onely doe truely prosecute , truely slay him , who willingly suffer him whom they professe their me●siah , redeemer , god , to be tortured and crucified in his members , when they might hinder it . in summe ; he who delivers him not from death , when he may , is equally guilty with him that slayes him : for because he would not helpe him , he willed he should be slaine ; now in a crime the will it selfe ought to be regarded . but certainly , the murther , especially of christian princes , who helpe not those who are persecuted for religion , is so much the more grievous , by how much the more they slay , whom they might set free , and by how much it is more wicked to slay a brother , than any other person . a wickednesse more horrid than that of the tyrants themselves ; by how much it is worse to slay a good , just , pious , innocent man , than a theefe , imposter , sorcerer , hereticke ; more flagitious to assault god , than any man : and finally , by how much perfidiousnesse in an equall fact exceeds ignorance . but whether shall it be lawfull to determine the same of those , who give no assistance to those who are oppressed with tyranny , or defend the republicke against tyranny ? since a reason cannot be given of so straite an alliance , of so strict a covenant ; when as , i say , we doe not here discourse of the church , which is but one of all men ; which being one and universall , is committed to every one ; but of the republicke , which may be different from that of others ; and being different , is committed severally to others ? a neighbour , saith christ , is not a jew to a jew onely , but to a samaritan , and to any man. now we ought to love our neighbours as our selves . therefore a jew , if he would discharge his duty , is bound to deliver from a theefe , if he be able , not a jew onely , but likewise every stranger , yea likewise one unknowne . neither will any one dispute , whether it be just to defend himselfe ; seeing verily it is more just to defend another than himselfe in this respect , wherein things are more just , which meere charity doth , than those which either anger , or revenge , or other perturbation of the minde doe : and no man holds a meane in revenging his owne injuries ; but in other mens , although more grievous , even the most immoderate may hold a meane . but we may learne from the heathens themselves , what humane society , and what the common nature of all men require of us in this thing . for cicero saith , there is one nature of all men ; that even nature it selfe prescribes this , that a man ought to take care of a man , who ever he be , even for this very cause , that he is a man. if otherwise , all humane consociation must necessarily be dissolved . therefore , as there are two foundations of justice : first , that no hurt be done to any ; next , that the profit of all , if it may be done , be advanced : so also there are two kinds of injustice ; one of those who offer injury ; the other of those who propulse not wrong from those to whom it is offered , if they be able . for he who doth unjustly against any one , incited either by anger , or other perturbation , he seemes as it were to offer violent hands to his companion ; but he who doth not defend , or resist an injury if he can , is as much in fault , as if he deserted either his parents , or friends , or country . so that what the one doth , anger is judged to doe , which is reputed a short fury ; what the other , an evill minde truely , which is a perpetuall tyranny . and however his fury may be excused , the others destinated counsell can by no meanes be excused . thou wilt say , i feare that while i repulse an injury from him , i should doe an injury to the other . yea verily , thou wilt cover thine injustice with a pretext of justice ; whereas if thou consultest with thy selfe , not justice moves thee to desert thy duty , but rather some other cause . for as he saith in another place , either thou wilt not undertake enmities , or labour , or cost ; or else thou art so hindered with negligence , sloathfulnesse , idlenesse , or with thy studies , or certaine imployments , that thou sufferest those to be deserted , whom thou oughtest to protect . but while thou sayest , thou dost thine owne businesse , lest thou mightest seeme to doe wrong to any , thou runnest into another kinde of injustice . for thou desertest the society of life , because thou bestowest on it nothing of thy study , nothing of thy paines , nothing of thy goods . these things ethnickes , philosophers , and politicians hold , truely more piously than many christians in this age . hence a neighbour is bound by the lawes of the romans , to take away a servant from a cruell master . but among the aegyptians , he who had casually found a man to be beaten by theeves , or to suffer any injury , and had not re●cued him , if he could , was guilty of death : if not , hee was bound to accuse the theeves before the magistrate : which if he had neglected , he was beaten with a certaine number of stripes , and punished with a three dayes fast . now if this verily be lawfull in one neighbour towards another , yea , lyeth upon him out of duty to assist every one he meets against a theefe ; shall it not be much more lawfull to a good prince , not onely to ayde and patronize servants against a raging master , or children against a furious father ; but a kingdome against a tyrant , a republike against the private lust of one man ; a people , a lord , i say , against a publike servant and agent ? yea , verily , if he shall neglect it , shall not he merit the name and punishments of a tyrant , as the other of a theefe ? hence thucydides saith , not onely those are tyrants who reduce others into servitude , but much rather those who when they may repulse that violence , take no care to doe it : but especially those who will be called the defenders of greece and the common country , but yet helpe not their oppressed country : and rightly ; for a tyrant is in a sort compelled to retaine violently the tyranny which he hath violently invaded ; because , as tyberius said , he seemeth to hold a wolfe by the eares , which he cannot retaine without force , nor yet let goe without danger . therefore that he may extinguish one crime with another , hee commits many wickednesses , and is compelled to injure others , lest he should be injurious to himselfe . but that prince who idlely beholds the wickednesses of a tyrant , and the ruine of the blood of innocents which he may hinder , because he doth as it were take pleasure in the gladiatory sport , is by so much more criminous than the tyrant , as he who sets sword-players to fight , is guiltier than the man-slaying gladiator ; as much as hee who slayes a man for pleasure sake , is more criminous than he who doth it by constraint , or out of feare or necessity . if some oppose ; but it is a fault for any to intermeddle with , or thrust himselfe into anothers businesse : terentian chromes may answer ; i am a man , i thinke no humane thing strange unto me . if others ( that they may seeke lurking holes for their impiety ) object ; that there are distinct limits , distinct jurisdictions ; now it is not lawfull to thrust a sickle into anothers corne : neither truely do i advise , that by this pretence thou shouldest invade anothers territories , usurpe anothers jurisdiction to thy selfe , draw thy neighbours corne into thine owne floore , which most doe under this pretext . i doe not say , that by the example of that arbitrator , of whom cicero , thou thy selfe shouldest judge the thing controverted to thy selfe ; but rather that thou shouldest restraine a prince invading the kingdome of christ , containe a tyrant within his limits , stretch out an helping hand to an afflicted people , and a prostrated commonweale ; but thou must do it in such sort , that thou mayest not looke after thine owne profit , but the good of humane society altogether . for since justice wholly lookes abroad , injustice onely regards it selfe , thou shalt at last doe this justly , if thou shalt have no regard of thine owne profits . briefely , if a prince violently passeth over the fixed limits of piety and justice , a neighbour may piously and justly leape over his limits , not that he should invade anothers , but that he should bid him be content with his owne : yea , he shall be impious and unjust , if he neglect it . if a prince exercise tyranny over the people , he may no lesse , or lesse slackly assist them , than him , if the people should move sedition : yea , he ought to doe it the more readily , by how much it is more miserable , that many suffer , than one . if porsena reduce tarquin the proud to rome , much more justly may constantine , sent for by the people and senate of rome , expell maxentius the tyrant out of the city . finally , if a man may become a wolfe to a man , nothing truely forbids , but that a man may be a god to a man , as it is in the proverbe . therefore antiquity hath enrolled hercules among the number of the gods , because he punished and tamed procrustes , busyris , and other tyrants , ( the pests of mankinde , and monsters of the world ) in every place . so also the roman empire , as long as it stood free , was often called , the patrocinie against the robberies of tyrants , because the senate was the haven and refuge of kings , people , nations . so constantine sent for by the romans against maxentius the tyrant , had god the captaine of his army , whose expedition the universall church exalted with powerfull prayses ; when yet maxentius had the same authority in the west , as constantine in the east . likewise charles the great , undertooke a warre against the lombardes , being called by the nobles of italy to their aide , when as yet the kingdome of the lombards was long before established , and he could claime no right to himselfe over them . likewise , when charles the bald king of france , had by tyranny taken away the president of that country , which lyeth betweene seine and liger , duke lambert , and jamesius , and the other nobles of france had fled to lewis king of germany , charles his brother by another mother , to crave aide against charles and his mother judith , a most wicked woman : he in a most ample assembly of the germane princes , heard these suppliants , by whose unanimous counsell , a warre was publickely decreed against charles , for to restore the exiles . finally , as there have beene some tyrants in every place , so likewise among all historians there are every where examples extant , of tyranny revenged , and people defended by neighbour princes ; which the princes now at this day ought to imitate , in curbing the tyrants both of bodies and soules of the republicke , and of the church of christ , unlesse they themselves will be named tyrants , by a most deserved right . and ( that we may at last conclude this treatise in one word ) piety commands the law of god to be observed , and the church to be defended justice , that tyrants and the subverters of law and the republike should be curbed ; charity , that the oppressed should be releeved , and have a helping hand extended . but those who take away these things , take away piety , justice , charity from among men , and desire them to be altogether extinguished . so he : if this then be an irrefragable verity , that forraine states and princes are so farre obliged to assist and relieve those of the same religion , and all others whose liberties , rights , priviledges , are forcibly invaded * ( which our parliament and state by their assistance , if the netherlands and other protestant states , both in quaene elizabeths , king james , and king charles his reigne , approved and justified both by words , acts of parliament , and reall performances ) then certainly those of the self-same church , nation , kingdom , and fellow subjects , under the self-same prince , betweene whom there is a farre nearer relation , much stricter obligation , and more strong ingagements , ought mutually to aide and assist each other to the uttermost of their abilities , when their religion , lawes , liberties , be violently invaded , their dearest native countrey wasted , sacked , plundered , burned , ruined , in a hostile warre-like manner , with open force of armes , either by the king himselfe , or a prevailing malignant popish faction , who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power . how much then it now concernes every reall protestant within this realme of england , and all other his majesties dominions to unite all their common forces together , unannimously to protect , defend , maintaine , and propagate our established reformed religion , fundamentall lawes , liberties , the very priviledges of parliaments , their estates , liberties , lives , the peace , welfare , and common good of their dearest native countrey , and our three united realmes against all popish malignant forces now in armes to invade , eclipse , impaire , subvert , sacke , ruine them ; and how monstrously , unnaturally , unchristianly , and detestably impious , treacherous , perfidious , all those english , irish , and scottish protestants proclaime themselves to the present and future age , who now trayterously joyne their forces with the malignant popish party , or prove uncordiall , false , treacherous , and perfidious to their religion , liberties , countrey , and the parliment ( who have not onely waged , imployed , but confided in them ) and contribute their uttermost endeavours to betray , enslave , undermine , and to sacke , burne , and totally overturne them ( as many we finde have done to their eternall infamy ) i here referre to every mans judgement and conscience seriously to determine . certainly such unnaturall monsters , such trayterous judasses , such execrable infamous apostates as these , can expect no other reall remuneration of this their treachery and perfidiousnesse , but the ruine of their credits , the detestation of their persons , memories ; the confiscation of their estates , the extirpation of their families , the execrations of all good men , the severest judgements of god , and utter confusion with horrors of conscience tormenting them constantly day and night , whiles they continue languishing under all these miseries here , and the sharpest torments , the very largest dangers , the hottest flames in hell for ever hereafter : and those antichristian papists who now are and have beene so faithfull , active , zealous , couragious , industrious , liberall , bountifull , if not prodigall to prosecute their owne interests , designes , to maintaine and propagate their false , erroneous , detestable religion , superstitions , idolatries , both in england and ireland with the effusion of their bloud , expence , and forfeiture of all their estates , and never yet deserted , or became treacherous to their false execrable cause or religion in the least degree , shall all joyntly rise up in judgement against them both here and hereafter to their sempiternall infamy , reproach , and most just condemnation . o consider this all yee who now so much forget , neglect , betray both your god , your christ , religion , lawes , liberties , countrey , parliament , yea your very selves , your soules , bodies , and posterities ; consider with your selves the bitter curse denounced by god himselfe against meroz , judg. . . consider the fatall , dismall end of treacherous juda● , matth. . . , . acts . . , . consider that dreadfull speech of our saviour christ , marke . ▪ , , . whosoever will save his life shall lose it , but whosoever shall lose his life for my sake and the gospels shall save it . for what shall it profit a man if he shall gaine the whole world and lose his owne soule ? or what shall a man give in exchange for his soule ? whosoever therefore shall be ashamed of me and of my word , in this adulterous and sinfull generation ; of him also shall the sonne of man be ashamed when he commeth in the glory of his father , with the holy angels . * if we suffer with him , we shall also reigne with him ; if we deny him , he will also deny us : if we be but fearfull in the cause of christ , we shall be sure to have our part in the lake that burneth with fire and brimstone , rev. . . o what then will be our portion , if we be unzealous , negligent , perfidious to it , or professed enemies ( especially in open armes ) against it , when it cries out to us for our necessary assistance every where ? if jesus christ will render tribulation to them which doe but trouble his people ; yea , and shall be very shortly revealed from heaven , with his mighty angels , in flaming fire , taking vengeance on all them that ( onely ) know not god , and that obey not the gospel of jesus christ , who shall be punished with everlasting destruction from the presence of the lord , and from the glory of his power , thes . . . to . o where shall all those ungodly sinners , rebels , and traytors appeare , who now every where murther , plunder , persecute , extirpare gods dearest saints ; and not onely refuse to owne , but even desert , betray the cause of god and their countrey ? who refuse not onely cordially maintaine the very truth of god , the gospel of christ , and which themselves in shew not onely pretend to know , but professe ; but also joyn with papists , and malignants openly to fight against , and totally to suppresse it ? certainly if judgement shall beginne at the house of god it selfe , as now it doth , and if the righteous who defend the cause of god and the kingdome shall scarcely be saved , what these mens dreadfull end , and judgement at last shall be , transcends my thoughts to conceive , my expressions to relate ; all i can say is this , it will be superlatively miserable and grievous , that eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne . o then let all of all sorts consider seriously of this , and all the premises , and the lord give them understanding and grace to keepe a good conscience , and discharge their severall trusts and bounden duties faithfully , cheerefully to their god , religion , king , countrey , and the parliament in all things , that so they may enjoy the honour , comfort , benefit , of all their faithfull endeavours to defend , promote , and propagate religion , lawes , liberties , and the publike welfare here ; and the crowne , the full guerdon of them hereafter ; and poore bleeding , dying england and ireland may now at last attaine that speedy , holy , lasting , honourable , blessed peace and unity , which all good men cordially pray for and endeavour ; which doubtlesse had beene easily effected long ere this , had we all beene faithfull , true , reall to the publike cause of god and our countrey in our severall places , and not faithlessely betrayed , but sincerely discharged the severall trusts reposed in us to the uttermost of our powers : the readiest meane to re-establish and perpetuate our pristine tranquillity : which i humbly beseech the god and prince of peace effectually to accomplish in his owne due season , before our whole three realmes become a desolate wildernesse , an accheldama , a golgatha , as many places of them are already , and more like to be , if the extraordinary mercy of our ever-gracious god , prevent not the mischievous long plotted conspiracies , malice , rage , treachery , of unnaturall , and deceitfull men . finis . this oath should have come in the appendix , page . line . . the oath of charles , king of navarre at his coronation , an. . recorded in the generall history of spaine , l. . p. . . vve d. charles by the grace of god , king of navarre , &c. doe sweare unto our people of navarre upon the holy evangelists toucht by us , and to the prelates and rich men of the cities and good townes , and to all the people of navarre , for all your rights , lawes , customes , freedomes , liberties , and priviledges , that every one of them as they are , shall be maintained and kept to you and your successors , all the time of our life without corrupting them ; bettering , and not impairing them , in all , or in part : and that the violence and force which hath beene done to your predecessors , whom god pardon , and to you by vs , or our officers , we shall hereafter command it to cease , and satisfaction to be made according unto right as they shall be made manifest by good men of credit . after which the deputies of the state swore , in their owne names , and for all the realme ; faithfully to guard and defend the kings person , and their countrey ; and to aide him , to keepe , defend , and maintaine the lawes and customes , with all their power . errata , and omissions in some copies . part. . p. . l. . it , is , p. . l. . c. . p. . l. . private , publike , p. . l. . other . pugnae . appendix p. . l. . parallel , p. . l. . them , the people , l. . & p. . l. . maximus , p. . l. . polieuctus , p. . l. . dele , in the , p. . l. . other , p. . l. . retired , p. . l. . the hand , p. . l. . cara , lara , p. . l. . pacensis , p. . l. . dele the , p. . l. . yeares , p. . l . dele cite , l. . mariana , p. . l. . adde chron. . . and the inhabitants of jerusalem made ahaziah his youngest sonne king in his stead , l. . confirmed , p. . l. . not from it to , p. . l. . in some sence in private ●ases , p. . l. . pem , patu , p. . l. . canarvanius , p. l. . received , renued , p. . l. horomani francogal . . vindiciae , p. . l. . revocable , l. . historicall , l. . cuiacius , l. . usufrvctuary , l. dele the , p. . l. . to , doe , l. . dele to , l. . foundations , p. . l. . is an , p. . l. . caracalla , p. . l. . . secun . qu. p. . l. . in law , p. . l. . fealty to , p. . l. . adjuvante , l. . rapacitates , p. l. . if , it . p. . l. . preserve , l. . and. l. . goods , p. . l. . . forcibly resist , p. . l. . so , to , p. . l. . . p. . l. . converseth , p. . l. . lesse . in the margin . p. . l. . dauleny , p. . l. . leges , l. . aimoin . l. . jure , p. . l. . . p. . l. . arnnales , gil. p. . l. . rex . part . p. . l . third . read , second , p. . l. . through , p. . l. . l. . p. . l. . britan●● 〈◊〉 . . privatave , p. . l. . reputing them , p. . l. . responum , p. . l. . duairus , p. . l. . raynerius l. . albericus . part . p. . l. . perfidum . part . p. . l. . naturall , nationall . notes, typically marginal, from the original text notes for div a -e * see the . article of the church of england , & rogers ibidem . * joh. . . * zech. . . notes for div a -e * judg . . a plato ●ege hoc sanxit . li. de ll. si qui● privatim sine publico scito , pacem bellumve secerit , capitale esto . b page . , , , . and elsewhere . * part . & . c num. , , . d see cambdens britannia , p. . accordingly . e see e. . pars . m & pars . m. . judge crockes argument against ship-mony , p. . to . f see cambaens britan. p. . * an exact collection of all-remonstrances , &c. p. , . * part. . p. , . part . . p. . to . nota. object . . see the kings declarations and proclamations against this and other assessements . answer . see sir edward cookes institut . on mag. charta , and these laws articuli super chartas , confirmatio chartarum , part . . rastall accusation , , , . rastall tenths , taxes , &c. . object . answer . * see . h. . c. * part . pag. , , . * see part . . p. , , , . * e. . c. . * e. . c. . the king then absent in france . * e. . c. . mar. e. c. . jac. c. . * jac. c. . . carc . c. . * car. c. . . jac. c. . * see rastall . taxes , &c. throughout . * matth. paris , hist . angl. p. , , , . daniels hist . p. . * walsingham . hist . angl. p. . holinshed , grafton , and daniel , p. . * mr. hackwels mannor of passing bils , sect . . p. . * see part . . p. , , , , to . * see part . . p. . . * fitzh . assise . auowry , . prescrip . . br. custom . . kitchin. . . . co. . rep. . to . see rastal . title corporations . * judge crookes argument against ship-money . p. , may . . a cook . report . fol. , . b cook . report f . c 〈…〉 d register . fol. . fitz. natur . br●u . fol. . cooke , l. . fol. . e part. . p. ● . . . , , part . . p , &c. francis , then his catalogue of protectors , in holinshed , p. &c. f de iure belli & pacis , l. . c. nu . . p. . g vindiciae contr . tyrannos , qu. , . h . h . . . e. . b. . e. . br. custome . trespas . dyer . . * cook . rep. f. , . ash . title si●●nts . i see the remonstrance of the rise and progresse of the irish rebellion and romes master-peece . * see m●tranus and grimstons generall history of the netherlands . * see the relation and proceedings of the iri●h assembly at kilk●●y the parliaments remonstrance of the rise and progresse of the irish rebellion . * see the irish excise . * see part. . p. , , &c. a e . c. , . ●●rec . p. , , , . b matthew paris . p. . . speed. p. . c reges hoveden , annal par● post , p. . d●nial . p. . object . . answ . . * see cromptons iurisdiction of courts , f. , , , . hollinshead . p. . ferrers cas● . dyer . . e. . . . h. . , . d fortescue , l. c. , . , . cromptons iurisdict f. . h. . f. . . brooke poerag . . e littleton and cooke institutes h. . a . b. h. . . a. f levit. . & . g register . par . . f . fitz. nat. bre. f h iac. c . h see m●gna 〈◊〉 c . 〈…〉 cook ibid. i s●●e w●lsi●g 〈…〉 in the . & . e. . 〈…〉 . p . , . 〈…〉 e. . cap . walsi●g . hist . 〈…〉 speed , p. k . e . cooks instit . f. 〈…〉 . l 〈◊〉 speed , grafton , 〈…〉 in and r. . h. . b. h . a. 〈…〉 m regist fol. . b cooks . 〈◊〉 f. . n 〈…〉 n 〈…〉 * . eliz c. . iac. c. , , . * alber. gent. de iure belli , l. . and hugo gro●ius , de iure b●l●i . l cap . . . &c. o see albericu● gentilis , de iure belli , l. . c. . . . l. . c. . & . hugo grotius , de iure belli , l. . c. . to . p see part. . p . part. . p. , , ● fa●ia● . part . . p. . q matth. paris , hist . p. . to . daniel p. , , . part. p . . r cook repub . f. , , iames bagges case . ſ matth . . t ●iero de offic●●● , l , aristot . poli● . l. . u see part. . p. . to . x fabian . part . . p . y matth. paris p . z matth. par●● hist . angl p. . gra●●on , p. , . * matth. paris . hist . angl. p . * see . r. c. . . h. c. . h. . c. . * . ass . . ass . . . ass . . ass . e . . fitz. attaint . . * matth. paris , p. . * annal. pars ●osterior p. . . . . * in the life of 〈◊〉 the first . * see part. . and . * john . ● . . c . . * cor. . tim . 〈◊〉 brook and ash , title excommengment . summa angelica , rosella and others , tit. excommunication . * d. l. amne delictum . sect . qui in acie rebuffas in l●liberorum sect . etenim . henricus bocerus , lib . de bello , cap. . p. , . * diodorus sie●dus bibl. hist . l. . sect . , . p. . * see her● . part . . p. . * walsingham . hist angl. pag. . * dani●ls hist . p. . * d. l . sect , is qui ad hostem hemicus bocerus de e●llo . l. . c. . p. . * walsingham . hist . angl. p. , . see rastall . captains and souldiers . cook . rep. f . * the generall history of stain , l . p. , . notes for div a -e * see camb. br. math. it estm . polychr . fabian , holinsh . speed , grafton , grimston . a livy , rom. hist . l. . plut. romul & numa pomp. dionys . hal. antiq. rom. l ● munster cosmogr . l. . c. . p. ● . b plutarchi numa pompil . dionys hal. l. . sect . c livie rom. hist . l. . l. . . edit ●rancofurti , ● . dionys . hal. l. . sect . . d livie rom. hist. l . p. p. . e livie , l. . p. . dionys . hol. l. . c. . f liviel . . p. . dionys . hal. l. . c. . g livie l. ● , p , . dionys . hal. l. . c. . h ibid , p , , dionys hal l. . c. , . i ibid. k ibid p. , , ● , . dionys holbicar . l. . c. to the end . l livie l. , p. , . dionys . hal , l , , c , , l. . c. . m de officiis l. . n livie l. . p. . dionys . halicar . l . c. , . o livy ibid. 〈…〉 dionys . 〈…〉 p 〈…〉 l. . sect . p. ● , , . q historiae , l : , p. , , . r hist . l , , & , l , , p , ● , s ge , dierum l , , c , , l , , c , , f , , , t com. weal , l , ● , c , , v rosiaus , godwin , and others : and munst , cosmogr , l , , c , 〈◊〉 , p , ● , , & c , , p , ●● , x liv , hist , l , , p , , with the other forecited authors . y nobis eadem vi facitis i●vitam , qua peperistis , liv , hist , l , ● , r , ●● , z common wealth , l , , c , , & l , , c , , a see mun● , cosmog , l , , c , grimstons imperiall historie , suetonius , dion cassius , herodian , ●utropius , zoaaras , sabellicus , chronicon chron●●rum , opmeerus , speed and others in these emperor lives , and others . b grim , impe . hist . in his life , p. , 〈◊〉 munster cosm . l ● . c. 〈◊〉 , p. , c grim. impe . hist . p. . d commentar . l. . f. . e see eutropius , sabellicus , zonaras , grimston , munster in his life : paneg. trojano dictus . f in vita trajani . g eccles . hist . l. . c. . h history of gr. brit. p. . i grimstons imperiall hist . in his life , p. munst . cosm . l. . c . k grimstons imperiall hist . p. . . l hist . l. . p. . . m grimston , ibid. p. . tom . munster cosmogr . l . c. . n grimston , suetonius , eutropius , zonaras volateranus , sabellicus , math. westm . polychronicon , opmetrus chron , chronicorum , speed , and others in his life . o grimston , entropius , and others in his life . p grimstons imperial hist . p. . munster cosmog l. . c. . p. , . q grimston ib. p. . aelii lampridii heliogabalus , zonares , sabellic . and others . r grimst . in his life p. , to . with jul. capitol , sabellicus , munster , and others . ſ grimston p. . t see munst . cosm . l. . c. . zouaras , nauclerus , sabellicus grimston , and others . v ioan●es zonaras , annal. tom. . p. ● . grimst . p. ● . eutropius , l. ● . p . see munsteri cosm . l . c . throughout . x zonaras ib. grimst . p. ● . and munster , l. . c. y zonaras . tom. , f. . z zonara . ib. f. . grimst . p. . a zonaras ibid. f. . b zonaras ib. f. 〈◊〉 , , . grimst . p. . c zonaras ib. f. . . grimst . p. . d grim. p. ● e zonar . f. f desex aetatemundi . g in philyppico . h l , . c. . i an. . k zonaras tom. , f. l zonaras , ibid , f. m see zonaras . ib. f. n nicetae chroniatae , annales f. . o munst . cosmog . l. , p. , . p munsteri cosm . l. , c. ● . q see bishop bilsons true difference &c. part . . p. , to . r zonaras annal. tom. . f. . cuspinian , in annastatio . ſ zonaras tom. . f. . * se● ( q ) before . t 〈…〉 . v 〈…〉 see mua . cosin , l. . c. . & l. . c , . x decad , . l , , . y 〈…〉 . z bp. bilsons true difference between christian subjection and unchristian 〈…〉 nauclerus vol. genera●● , an , . sigebert , chron. an. . aencas sylvius de author . rom. imperii c. munst . cosinog , l. . c. ● . a 〈…〉 c . b decad ▪ . l. ● , c vol. , gen. . an , . d ●nead . ● . ● , e annal , ●o●●rum , l. . f. . f anno ● . g ● . , c , ● , h de author , rom , imp. c. . i see avontine , an , l , , f , , &c. and bishop . bilson ( z ) before k iacob vald. de dignitate regum hisp . c , , munst . cosm . . . c , . . l see speeds hist . p , to . m the true difference between christian subiection and unchristian rebellion . part . . p , . n cassanaeus catalogus gloriae mundi pars , consid . , p , . o see munst , cosm l. , c , , and grimstons imperiall hist . p grimst . imp. hist , p , , . , . . munst . cosm , l , , p , , to . q see grimst . abas vsper gensis , nauclerus , rerum germanicarum scriptores , munst cosmogr . l , bp. iewels veiw of a seditious bull. and others in their lives , and iohn white his defence of the war , c , , p . to . r grinst imp. hist p , , munst . cosmog . l. , p. ● . hermolds chron. slauorum l. , ● . . iean cressin la state de le 〈◊〉 p. . s munst cos . l , ● . p , ● , grimst . im. hist . p , . , . iean crisp . le state de le g●se . p , . t grimst . imp. hist p , . . u munst . cos . l. . c. , p , ● , l , , p. , to . grimston . p , . . x consm . l. . p , , to . y imp. hist . from charles the great to the end . z common wealth , l , . c. . p. . , a bodin com. l. , c , , p. , &c. b cicero oratio pro rabirio , perd. reo . c of the difference between christian subjection , &c. part . . p. . to . d catalogue gloriae mundi . pars . . consid . . p. . e resolving of conscience sect . . . , a revindication printed at cambridge , . and other late pamphlets . f cassanaeus catalog . gloriae mundi pars . . consid . . & iacobus valdesius de dignitate regum regnorumque hispaniae passim g , e. . . error , . fitzherbert petition . the petition of right . caroli . see ashes tables annuity : . amerciament . . entr , congeable . entrusion , petition and traverse des offices throughout & habeas corpus hieron . blanca . aragon . rerum comment . p. . . . . . to . h prov. rom. . . i psa . . , . exod. . . ioh. . , . k rom. . , , , . tit. . . tim. . . l prov. . . deut. . . chr. . , . m b. iewels veiw of a seditious bull. dr. crackenthorp of the popes temporall monarchy 〈◊〉 , , , . cassanaeus catalogus gloriae mun di pars . cons . n see balaeus de vitis pontificum . morneys misterium , and ●ere , part . . o bp. iewels veiw of a seditious bull. matt. paris and speed , in king iohus life : bp. bilsons true zifere●ce , &c. part . , p. ● , . saxo grammatticus hist . daniael , . p. , . p bp. bridges his supremacy of christain princes . p. . q oratio pr● deiorato rege . p . r iosephus antiqu. iudaeorum , l , , c , . alexander ab alexandro . gen. dierum l. . c , , f. . s alexander ab alexandro abid strabo geogr. l , , p. , . t grimstons imperiall history , p , . v munsters geogr. l , , c , , 〈◊〉 . gen : hist , of france . p. ● . v matth. par. hist . angl. p. , , . gen. hist . of france . p. . x speed , p. , hect. boetius , l , . walsing , holins . fabian , grast . and others . y speed , . . cambd , esiz . holinsh . stow , martin , buchanon . z polit , l. . c. . p. . . and l. . c. . p. . * hist . l. . p. . &c. a polit. l. . c. . . and l. . c. , . b polit. l. . c. . , , . c polit. l. . c. . p. ● . d polit. l. . c. . p. , . e hist . l. . p. . f antiq. rom. l. . sect . . p. . g hist. l. p. , . h genial dierum . l. . c. . f. . & l. . c. . f. . de moribus gentium . see xenophon hist. grac. l. . p. & de laced , repub . p. . i pol. l. . c. . k commonw . l. c . p. . . * regi in exercitu nihil restat negotii , quàm ut rerum divinarum respectu sit sacerdos , humanarum vero imperator , xenophon lacede . resp . ● . l plutar. apotheg . p. . m polit. l. . c. . p. . n de agesil . reg p. . o xeno . de lacedem . repub. p. . o xeno . de lacedem . repub. p. . p alexan. ab alex. l . c. . f , . calius rhodig , antiq. lect. l. . c. . q plutarch de virtutibus mulierum , p , , . r alex ab alex , l , ● . c , , f , . ſ strabo geog l. . p. ● . alex , ab alex. l. . c. . diodorus siculus bibl. hist . l. . c . p. , . t alex. ab ale. l. . c. f . diod. sic. bibl. hist . l. . p. . u strabo geogr . l . p. alex. ab alex. l. . c. . munst . cosmog . l. . cap. . boe. de moribus gent. l. . c. . p. . x hist . daniciae , l. . p. . y alex. ab ale. l. . c. , f . z alex ab ale. l. , c. . a munst . cos . l. . c. . p. . b munst . cos . l. . c. . p. boe. de morib . gentium . l . p , , . c alex. ab ale. l. . c. . f. . m gen. dier . l. . c. . & l. . c. . n geog. lib. o de moribus gentium . p ind. hist. q pilgrimage and voyages , merula , munst . gotard . mercator , nov. orbis . r diod. sicul. bibl. hist. l . c. . p. . boem . de moribus gent. l. ● . c. ● . p. . fortes de laud. leg. ang , c. . ſ ●oem . demor . gent. l. . c , . p. . t bibl. hist. l. . sect . . p. , , . boem . de mor gent. l . c. . p. , . fortes . c. . v memorabilium , l. p . de laced . repu . p. , . x hist , l. . p. , to . y munst. cosmog . l. . c. . p. l. z bodin commonw . l. ● . c. . p. ● . a apolog. adv . gentes . * see livy passim . b annalium ● . . commonw . l. . c. . p. ● . c hist . rom l. . & . d commonw . l. . c. . p. . e pars . consid . , , . p. . &c. f cassan . ibid. & bodin commonw . l. . c. . l. . c. . l. . c. . g commonw . l. . c. . p. . h fabian . pa. . c. . par . . p. . . . , . par . . p. , . , . andrew favi●s theatre of honor , l . c. . munsteri cosmog . l. . c. . p. , . paulus aemylius , l. . mercators atlas , p. , . bodin commonw . l. . c. . i paulus aemyl l. . gaguinus and the generall history of france in his life , iean crispin lestate de leglise p. . fabian , par . . c. . p. . munsters cosmog . l. . c. . k . h. . f. . &c. l hist . p. . , . . &c. m fabian . pa. . c. . gagui . emyl . the generall hist. of france , crespin , munst . and others in his life n fabian , pa. . c. . . gaguyn . emyl . the gen. hist . of france . o fabian . part . ● c. . gaguinus , paulus aemilius , crespin , the generall hist . of france . p fabian . part . . c. , , . gaguinus . aemylius . crespin , the generall history of france , in his life , and the life of childericus . q fabian . part . . c. . . gaguinus , aemylius , crespin , the generall hist of france . r fabian . part . . c. , . generall hist . of france , gaguinus , aemylius , crespin , turpin , chronicon , chronicarum , sabellicus , opmeereus , in the life of childericke and pipin , aventinus annal. poyor . l. . antonini chron. tit. . nu . . sect . . munst . cosmog . l. . c. . 〈◊〉 . iewels reply , p. , , . bishop bilson of christ . subiection &c. par . . p. to . blondus decad. . l. . nauclerus , vol. . gen . . regino , l. . an. . papyrius masson , an. in child . p. . 〈…〉 . ſ annal. boiorum , l. . p. . t lambards archaion . f. fox acts & mon. vol. . edit . ult . p. . u antonini chron. tit. . . n. . sect . . f. . blendus decad. . l. . sabellicus enead . . l. . gaguinus l. . in car. martel . nauclerus vol. gen . . gratian. caus . . qu. . platina in zach. . frisin . l. . c. . fabian , part . ●● . c. . p , . amonius de gest . franc. p. . x hist . l. . p. . * though that of plinius secundus , panegyr . traiano dictus , p. . be true , quod aequiore animo ferunt homines quem princeps parum faliciter genuit quàm quem malè elegit . y part. l . ● , ● . z chron. tit . . c. . sect . . f. . a of christian subiection , par . p. . b fab. par . . c. . gaguin the gen. hist . of france . c fab. par . . c. ● . grimst . imper. hist . p. , . gaguin the gen. hist of france , turpin antoninus , munst . crespin , papyr . masson , and others . d fab. par . . c. . gaguin . gen. hist of france . e fab. par . . c. . gaguin . gen. hist . of france , herma-schedel , crispin and others . f fabian , p. . c. , , , . gaguin . turpin , general hist of france g fab. par . . c. . . gaguin . turpin , chron. chron , opmerus , crisp . gen. hist . fran. h fab pa. . c. , . gaguin the. gen. hist . of france . turpin theat . of honor , l. . c. . i fab. pa. . an. . p. . k fab. pa. . p. , , &c. gaguin . l fab. pa. . p. , . the gen. hist . of france . m fab. pa. . p. . . gaug . gen. hist . of france . n bodin . commonweal l. c. . p ● . see the generall hist. of france in his life . o fabian . part . . p. . , , . speeds hist . p. , ● , , , . halls chron. . h. . see the generall hist . of france , and gaguinus in the life of iohn . q fabian . part . . p. , to . gaguinus , the generall hist . of france , in the life of this philip and king iohn . * note this . * so it hath been conceived by some , the king by law might do this in england but sir edward cooke in his institutes on magna charta . f. . to ● . hath largely proved the contrary ; that the king by his prerogative and proclamation cannot alter , enhanse or abase his coyne , but in and by the parliament onely , because it is contrary to sundry statutes , it is the sinues and life of trade , and every mans estate consists in it , and so all have a common interest therein , which cannot be altered out by common consent in parliament . q fabian part . ● . p , , , . generall hist . of france , gaguin , and others . r fabin . part . p . see p. , , , , &c. ● , , , , , . walsingham , hist . angl. p. , . ſ fabian . part . . p. . , , , , , . the generall hist . of france , gaguin . and others in his life . t fabian . ibid. generall hist . of france , p. , , . u chron. . & . . h. . x hist p. . to . y fabian . part . . p. , , . generall hist . of france , holingshed . fabian , walsinghan , grafton , hall. z fabian , part . . p. , . generall , hist . of france , hall , holinshed . speed. a fabian , part . . p. , , , . generall hist . of france . b fabian . part . . p. , , , . c phili. de com. l. . c. . c phili. de com. l. . c. . note . note . d gen. hist . of france . p. . . e gen. hist . of france . p. . to . grimst . imper. hist . p. , . * note . f matthew paris , p. , . g the generall hist . of france , p. ●● . to . note c generall hist . of france , , &c. & richardus din●thus de bello civili gallico religionis causa suscepto . l. , , , . speeds hist . , . k. iames answer to cardinall peron . i gen. hist . of france . p. . fox acts and mon vol. . p. , edit . ult . k gen. hist . of france , p. . l generall hist . of france , p. , &c. m gen. hist . of france , p. , . * mounsieur daubern . n the generall hist . of france , p. , , . o gen. hist . of france , p. , , , , , , ● , , , , , , , , , to . p gen. hist . of france , p. . . q gen. hist . of france , p. , , , , , , . r gen. hist . of fr. p. , , . ſ gen. hist . france , p. . t the continuation of the life of lewes the thirteenth , p. . 〈◊〉 . u ibid. p. . . . . . . . . x ibid p. . . y ibid p. . to . z lib. . c. . p. . to . note . a continuation of the gen. hist . of france , p to . b ibid. p. . ● . c see the synopsis of his life . * catalogue gloriae mundi , pars . . consid . , . andrew favine theatre of honour , l . c. . see caemillus barellus de regis catholici praestantia , &c generall hist . of france , p ● . d see ioannis mariana de rege & regis , iustit . l. ● . c. . p. . hieron . blanca rerum arag comment . see concil . toletanum . . surius , con. t. . p ● . ● . e ioannis pistorius hispaniae illustratae tom. . leges wisigothorum , l. . c. p. . f iacobus valdesius de dignitate regum , regnorumque hispaia ▪ pars . . c. . p. . michael ritius de regibus hisp . l. . gen. hist . of spain , ●● . p. , . h 〈…〉 p. . . i lib. . de regum , instit . cap. . p. , &c. note . k de rege & regum instit . 〈◊〉 . c. . l the generall hist . of france , p. , , . m see doctor iohn white his defence of the way , c. . where their words are quoted for tyranny and misgovernment . the gen. hist . of france , p. , . , , , , , . o munst . cos . l. c. . p. . roderici arc●●●p . toletani de rebus hisp . l . . l. . c. , . gen. hist . of spa. p rodericus toletanus de rebus hisp . l. . c. . q roder. tol. l. ● . c. , . munst . cos . l. . c , . gen. hist . of spain . l. . r munsterii cosmogr . l . c . p . gen. hist . of spain . ſ censurae in f. ioseph teixerae libelli● c. . to . de vera regum portugalium geneologia , lib. in the . tom. of ioannis pistorius hispaniae illustratae . t liv. . p● . ioannis mariana , de rebus hisp . l. . c. . . see procopius , vand. . aimon● l. . c. . l. . c. . v gen hist . of spain , l. p ● . , , , , ● ro●an hist . hisp . pars . in their lives , ioan mariana de rebus hisp . l. . & . x gen. hist . of spain , l. p. . . rod. sanct . hist . hisp . pars . c. . . y gen. hist . of spain , l. . p. z gen. hist . of spain , l. p concil . toletanum . c. . suris concil . tom. ● p. . a surius concil . tom. p. . mariana de reb. hisp . 〈…〉 . b surius concil . tom . p. . mariana de rebus hisp . l. . c. . c gen. hist . of spain , l. ● . p. roder. san . hist hisp . par . . c. . surius concil . tom . . p. . mariana de rebus hisp . l. . c. , , . d sarius concil . p. ●● . mariana de reb. hisp . l. . c. . e generall hist . of spain . l. . p. . f gen. hist . of spain , l. . p. , . rod sanct. hist . hisp . pars . . c. mariana de rebus hisp . l. . c. . g gen. hist . of spain , l. . p. , , rod. sanctius , hist . hisp . pars . . c. . mariana de rebus , hisp . l. . c. , , . illustratae , h in iohannis pistorius , hisp . tom. . p. , . i surius concil . tom. . p. , . k 〈…〉 l. ● . c. . p. . and l. . 〈◊〉 p . * proco● vand. 〈…〉 c. . l. . c . grotius de enc. belli , l. . c. . sect. ● . l gen. hist of spain , l p. , , , , , . ma●●ana de 〈◊〉 his● . l. . m 〈…〉 l. . p. n gen. hist . of l. . p. . . mariana de rebus hi●p l. . c. . * ioan vasael hisp chron. an . p. . o ●en . hist . ●f spain , l. ● . p. . mariana de rebus hisp . l. . c. . . p de rebus hisp . l. . c. . q lib. ● . p. r gen. hist . of spain , l. . p. ſ gen. hist . of spain , l. . p. . t hyeron . blancae arogen . rerum . com. in sanct. . p. . gen. hist. of spain , l. ● p. . v gen ●ist . l. . p. ● . to ioan mariana de rebus hisp . l. ● . c. . rod. sanct . hist . hisp . pars . c . x gen. hist . of spain , l. . p ● to . rod. sancti hist hisp pars . c. . mariana de reb. hisp ▪ l. . c. . y gen. hist . of spa. l. . p. . to . . , . gen. hist . of spain , l . p. . mariana de reb. hisp . l. . c. . a gen. hist of spain , l. . p. , . l. . p. , . . . , , . ( b ) gen. hist . of spain . p. , , , . c gen. hist . of spain , l . p. . d gen. hist . of spain , l. . p. . . e gen. hist . of spain , l. . p. , . f gen. hist . of spain , l. . p. . g gen. hist . of spain , l. p. , , . h gen. hist of spain , l. . p. , . i gen. hist . of spain , l. . p. 〈◊〉 . , . k gen. hist . of spain , l. . p. , . l gen. hist . of spain , l. . p. . to . m hieron . blanca . rer. arragon . com. p. ● . gen. hist . of spain , l. . p. , , . * rerum arragonens . comment . in pet. . p. ● . n gen. hist . of spain , l , . p. . hyeron . blanca arrag . rerum com. in apph. . p. , . o gen. hist . of spain , l. . p. , . p gen. hist . of spain , l. . p. to . q gen hist . of spain , l. . & . passim . r gen hist. of spain , l. . p. , , . ſ gen. hist . of spain , l. . p. . , . t gen. hist . of spain , l. . p. . . l. p. , . r gen. hist of spain , l. . p. , . x gen. hist . of spain , l. p. . y gen. hist . of spain , l. . p . l. . p. . * which you may read at large , gen hist . of spaine , l. . p. z gen. hist . of spain , l. . p. . a gen hist . of spain , l . p. , , , , . to . dr beards theatre of gods iudgements . marian● and others . b gen. hist of spain , l. . p. . c gen. hist . of spain , l. . p. to . * see mr. soldens titles of honour , part . chap. . pag. . to . b lib. . c. 〈◊〉 . l. . c. ● . c 〈…〉 belli & pa●is , l. c . sect . p. . ( d ) vandal . . grotius , ibid. e 〈…〉 . goth. . f excerpt . dionis , & grotius . de iure be●li . l. . c. . ad notata sect . . p. . g paulus wiarnafred l. . & . h ammiannus lib. . loan cus 〈◊〉 i ioan , leo li. k generall history of spain l. . to . passim . m solinus l . grotius de iure belli l c. . sect . . p n tacitus de mor. germ grotius ibid. dionis . hal l. & . * si contra fora● a●t libertates reg●u●● a sepren●i in futurum contingeret , alium sive fidelem , sive in●ide●em regem ad sciscendum 〈…〉 reg●o aditus , 〈◊〉 r see ioannis de laet hispan . deser . p c. . p. . ſ pag. , , , , to . t quaest . . p. , . ( v ) franco . gal . c. . p. . . de iure magist . in subditos , p. , . * see mr. seldens titles of hon. par . . c. . sect . . p. . to . v common-weal , l. ● . c. ● . l. c. . x rerum vnga●ica●um scriptores , nicho●●us ●sthuan●●● de ●ebus vngarie . hist . l. ● p , . ●od . n. de reg. l. . c. . 〈◊〉 ; decades rerum vngar carum , mun●t cosmog . l c. . . respub & slatus hungariae , an. . de i●re m●gist . 〈◊〉 subditos . z iohn de th●●recz . hungar. chron. c. ● , p. . a see grimstons imperiall history , p. chytraeut chron. saxoniae . b grimston imp. hist . p. . . c grim. p. d grim. p. . e saxagr●uma ●icus danicae hist . l. p. f see bartholdus fontanus bohemiaepiae l. . . & pauli geschinii majestas caroli●●● . f pauli stransbii . respub . bohemiae c. . sect. . . p. . . . g munst . cosm . l. c. . . burcholdus pontanus bohemiae piae . l. . . * gen. hist . of spain . l. . p. . h paulus strans . repub. ●ohem . c. . de principibus regibusque 〈◊〉 . h 〈◊〉 pontanus qua . * see aeneas silvius hist . bohem fox acts and monuments vol. p . to . pontanus bohemiae piae , l. . . i grimstons imperial hist . p. . k grimstons imperiall hist . p. . . m page . to . n pauli strankii resp . bohem . c. . . , . o see munst . cosmog . l. . c. . . . p munst . cosm . l c . . martinus chrom●rus de rebus polonorum . heylius geeg . ● 〈…〉 q david chytraus , chron. sax. l. . p. . . . grimstons imperiall history . p. . . ſ chytraeus chron. sax. l. . p. . . l. . p. . . & l. . & p. . . t chytraeus chron sax l. . . . grimst . imp. hist . p. . . t part . p. , henricus ranzovius , comment . bellicus . l. . c. . v common-weal . l. . . . l. . c. . x danicae . hist . chytr : chron : saxoniae , munsteri cosmogr . l. . c. , , , to . iohannis magnus , hermoldi chron. slavorum , io , isac . pontanus rerum danicorum , hist . y chytr . chr. sax. l. . . p. . to , , . olaus magnus , lib. . c. p. . de iure magist in sub p. ● . bucanon de iure regni apud scotos . or beards theatre of gods iudgements . l. . c. . p , ● . z chron , sax. l , , ● , , to , note . the oath of the king of sueden : nota. * cosmog . lib. . cap. , , . * gul. neubrig . lib. . cap. . * cosmog . lib. . cap , , , , . heyl. geogr. pag , . chytraeus chron. sax. hermold . chron. slauorum . ioannis magnus hist . goth. swedorumque . guagn . compen . & chron. * chyt . chron. saxo-lib . . pag. . * chyt . chron. saxo. lib. , . p. , , , , , , &c. * heyl. georgr . pag. . * munst . cosm . lib. . cap. . * munst . cosm . lib. . cap. . * mach. hist . heyl. geogr. p. , . * heyl geogr. p. , . generall h●st . of spaine , lib. p. . * ioan 〈…〉 leglise , pag. . the venecian history . * com. lib. . c. . pag. . * distinct. . quest . . art. . qu. . * polit. lib. . cap. , . * variae hist . * p. , , , , , , , , . * see io. maior hist . buchanan . rerum scot. l. . p. , . h●cter bectius ae rebus scoticis fordon . his scoti . chrocicum polychronicon & fabian ; mattheus westminster . holinsheds history of scotland . h buchanan , l. . p. , , , , . notable dissimulation . * bu●han ▪ l. . p. , , , , , , . grafto● , part . p. , , part . . p. , , , , , , . k buch. l. . p. . . . . ● . graft . part p. . . grafton part . . ● . . . . . buch l. p. . ● . . l. . p. ●● . ● . ● , . . . . &c. . . m buch. l. . p. . to . heyl●●s g●●gr . ● . . . n 〈…〉 . p. ● . 〈…〉 ●abian holin . sp●ed , graft . daniel in the life of k. edw. the . walsingham ●podigma p. . a buchanan l. . . . . p. . . &c. . . b buchanan l. . p. . to . . to . heylin p. . c buch. l. . to the end of . holin . chytr . chron. saxor . l. . p. . . . speed , in the life of queen mary , and queene elizabeth cambdens elizabeth , and others . see knocks his history of scotland . g rerum . scot. hist . l. . . . . . . r rerum scot. l. . p. . . a dan. . . to . * see cunaeus de repub. heb. l . c. . * ius . regium heb. * see steph. iunius brutus , vindic. contra tyranno● , q. . p. . ● . . de iure magistr . in subditos . p. . . b sam . , , to . c sam. . , . to . d sa● . , , , . e sam. . 〈◊〉 * sam. . . to . f sam. . . to . g king. . . to . h chron. . . c. . , , , . c. . , . i chron. c. . & . k chron. . . to . l chron. . . king. . . m king. . chron. c. . v. . n antiq. iud. l. . c. . n antiq. iud. l. . c. . p king. . . to . q king. . , , , to . r king. . chron. . . & . iese●●us antiq iud. l. . c. . ſ chron. . . c. . . king. . . , . t king. . ● chron. . : v king. . . chro. . . x chron. . . king . . . * dee iure magistratus in subditos : & iunius brutus vindicia contr . tyrannos qu. . . . passim . . * see 〈◊〉 brutus vindic. contr. tyran . qu. . . p. . to . , , . where this is largely manifested ; & de iure magistratus in s●bditos qu. . p. . , . a antiqu. 〈…〉 . b explanat . artic. . tom. . f. . c true difference between christian subiection , &c. part . . p. , . d part. p. . e sam. ● . , . f sam. . , , , , , . g sam. ▪ to . h sam. . . to . ps . . to . king. . . i chro. c. . & . & . 〈◊〉 de repub . hebr. l. . c. . . ioseph . antiq. iud l. & . paul eber . lestate de la. religion & repub du peopl . iudaeique . k kin. . . chron. & . l king. c. . & . m king. . . to . n ●ing . . . c. . , to . n king. c. ● . to . o king. . . to . p king. 〈◊〉 . . c. . . . q king c. . & . r king. . . ſ kings c. , to . t kin. ● . v king . . to . x king . . . y chron. z chron. . a chro. . . to . b chro. . c chron. . d chron. . king. & . & . e kin. . , ● . chron. ● . c. . . . c. . . chron. . , to . f deut. . . to ● . iosh . , to . chr. . to . sam. . . to ● . chr c. , & , chr. . . . . g chr. . . to ● . h chr. c. . & . . i chr. . . king. . . . k chr. . c. . . to . c. . . l chr. . . . . . m ezra . . n nehem. . . . . , to . o deut . & . p iosh . . . to . q iudg. , & . r chr. . . ſ king. . . chro. , , , , . t de iure in magistratus in subditos , p . to . v explanatio artic . & lib. . epist . zuing & oecol . f. . x vindiciae contra tyrannos , quaest . . p. to . y page . to . z instit . l. . ● . . sect . . a the true difference , &c. part . . p. , . * so sam. . , . david being like to be slain by ishbi●enoh the gyant whom abisha● slew . the men of david sware to him ●●ying thou shalt go no more out with us to battell , that thou quench not the light of 〈◊〉 . * chron. . , to . k chron. . ● . . c the third part of the true difference between christian subiection , &c. p. . . d antiqu. iud. l. . c. . d cunaeus de repub. heb. . . c. . p. . . ▪ e explani● artic. . tom oper. tiguri , . f. , . f quaest . . p. , to . g chro. . . h chr. . . i sam. . k chron. . . l neh. . . m ier. . n ier. . & . q iun. bru●us vindic. contr. tyrannos qu. . p. , . albericus gentilis de iure belli , l. . c. . p. . r ps . . , . ps . . . ps . throughout . ſ sam. . . t king. . . . chron. . v chron. . . x chron. . . to . ezra . . &c. neh. . . c. . . to the end . y isay . . c. . . c. . . sam. . . ezek. . , . z isay ● . . c. . , . zeph. . mich. . . to . ezek. . . to . isa . . . to . object . . a com. in ps . . & epist . ad rusticam . b in psal . . c in psal . . d grotius de iure belli & pacis , l. . c. . sect . . p. , . answ . e sam. . . chron. . . deut. . . . ezek. . . . f prov. . . cor. . . g see grotius de iure belli , l. . . . s . . marius salamonius de principatulib . rebuf praesat . ad rubr de collationibus , p. . h in ps . . marlorat . mollerus , musculus , calvin , bredenbachus , brentius bucunus , brero , bugenbag . fernerius , haymo , gualter , rolloc , savanoerola , scultetus , gilbert cognatus , westhemerus , zegodinus wolfg. seberius in psal . . i rom. . . . . c. . . c. . . c. . . cer. . . ioh. . . k sam. . . to . m psal . . psal . . , . l sam. . & . , . n see de iure magistratus in su●di●os p. , . o isay . . rom. . . . p sam. . psa . . , , . q hugo grotius de iure belli & pacisl . . c. sect . . p. . object . answ . . ſ antiqu. iud. l . c. . . t sam . ps . . . pro. . isay . . . chron . . v exod. : . deut. . . x king. . to ● . y antiqu. iud. l. . c. . . observ . . z pet. . . a part. . p. , . b part . p. , to . c herod . l. . cicero , l. . offic. d livius , l. . * see here , par . . p. . to . e analas cilly . observ . . f num. , , . g peneg . tr●ian . di●tus . * barclay l. . adver . monarc . c. . l. . c. . . quoted by grotius . h vindiciae contr. tyranne . printed . quaest . . p. . . to . i gen. . . k dan. . . l dan . . * hotemani france gallia , ● . . m gen. . and . * har. p. . . n esther ● . o arist. polit. l. . c. . & . . c. . p herodian . l. . in orat maximi & albini 〈◊〉 milites . q speculum ●axonicum . r aimenius , l. . c. . in carolo caluo . see h●lomani franco gall●a , c. , , . &c. ſ p. filius . sam . inst . quibus mod . in p●triae pol. solvitur . t re●atus , chappinus . v aimonius . x caesar , l. . & . de bello gallico . note . note . note . y l. proponebatur , - . d. de ● iud. ciis , l. qui res suas . paragr . ult . de solat●on ●inter stipul . parag . sacram. d. de verbor , oblig . vlpian . de reg. iuris , l. . observ . . a in his speech in parl. in his works , p c. b a collection , &c. p. , . and elsewhere . e l. c. . l. . c. . f l. . c. . g c. . to . h see cooks epist . to the . report . & calvins case . i par . . & . k fox act. & mon. edit . . in one vol. p. . * from henry the eight and his councell . g ponet . p. lit . government , p. . dolman . p. . and others . h plinius . panegyr . traiano , d●ct eccardus , de lege regia . i in phil●●●rato , l. . & eccardus de lege regia . k dionys . hall car . l. . eccardus de lege regia iunius brutus p. . observ . . l ioannis maior distinct . . qu . lau. bochellus decreta eccles . gall. l tit. . c. . p. . m vindicae contra tyrannos qu . p. , , . innocentius ad regen . tarrat . in c. quando de iure i●●ando . observ . . observ . . * see henricus eocerus lib. . le duello , c. . that the civill law concerning iusts , is contrary , yet the canon law prohibiting iusts , upon pain of excommunication , accords with the common law. observ . . n part. . p. . part . . p. ● to . o rom. . f. . ●● . and transc● in m. seldens titles of honour , first part. chap. . p. , . p l●bene a zenone c. dequad . praest . l. vivis , de quaest . mag. l. c. l. fiscus d●de iure fisci . l. cum servis ● . to ult . d. de leg. ● . l vniversi x. l. seq . c de sundo patrimon . rom. . pliny , l. . c. . archid. in can. si quis romipetas & peregr . . qu. . baldus in c. . sect . commen . de paceiure infir . l. . d. ne quid in loco pub . viarum l. magis puto d. de rebus ●orum . iuvenal . king. . & . postellus l , . de rep. t●r. gen. . sleiden , l. . & ●ulla aurea . l. . & passim , c de com. rev. alienat . nauclerus in chron. gen. . c. intellecto de inreiurando in decret . polydor virgil. in cod hispan . par . . consent . . papon ar. stor . l. . tit. . art . . paragr . . & . legis regiae latae . . aimoi &c. aimoi . l. ● . c. . l. petr. . par●g . praed●umi . d. de oy . . an. . ● . 〈◊〉 . ares●is curiae . ● . paulus aemil. l. . an. , , , , , , . an . an. , & . an. . mons●re●et c. . l. liber homo . d. de verbo . obligat . l si emp. . § . d. de contra empil●pe-c . de oper . libert . an lex sit regni usis fructuarius ? mon●retus in carolo . ex concil . valent . in c. de his quae finit . a prelatis absque cons capit . florus l. livy l. . tacitus l. . volaterum , lib. greg . king c. . chron. c. ● . l. . paragr●ius rei d. de administ . rer ad cui . part . . lut●r . d. de admin . tutor . l. fi fundum . ●arag . fi tutor d. depositi & express . extrauag . dere iudicat c. intellecto . l. & passim c. de interdict com●er , alien . * part. . p. . to . observ . . q part. . p. . to ● . deut . sa. ● . . sam. ● . . chron. . . king. . . & . chron. . . king. . . xenoph. lib pa. xenophon . de repub. lacedaem . dionys . hallicar . lib. . see ec●ardus de lege regia & m●rius salamonius de principatu l. . where this law is recorded . speculum sa●on , l. . art . . see descript . coronations maximiliani imper an. . in rerum germ. scrip . tom. p. . sleidan , l. . c. . ſ see pontifical . romanum romae . f. . . mr. seldens titles of hon. par . . c. . p. . to . t see bochellus decreta eccles . gallicanae l. tit . c. . & mr. seldens titles of hon. par . . ch . p. ● . to . see hot●mani franco-gallia c. . . . * de iure magist . in subditos , , , . see the french hist . in his life . ( * ) bodin com. ma●w . l. ● . c. ● . p. . . in annal. burg. in concil tol. . c. . & tol. . l. feud . tit . . par . . la ioyeuse en●●r . ludovic . guic. l. . d de pact . l. non minorem . d de transact . lib. . feudor . . . § . a. tit . . * dionys . hal. l. pag. . . cor . . cic. . offic● ▪ see meteranus 〈…〉 . l. . the edict of the generall estates declaring the king of spaine to be fallen from the seigniory of the netherlands . see meteranus and others . note . the forme of the oath of abjuration of the king of spaine . observ . . * de jure magistratus in subd●to . p. ● . ●● . hugo grotius de 〈…〉 l. . c. 〈◊〉 p . * 〈…〉 . * part . p. ● . to . a euseb . lib. . vita constan . & ecclesist . hist. l. . . . scorat . scholast . hist . l. . sozomon . niceph. ca●l . eccles . hist l . c. . . . . . grimston eutropius zonara sabellicus valate●anus in the lives of constantine maximinus and maxentius . * operum . aut verpiae . . tom. . s . . * valerius maxim . l. . c. . not● . in trastat . de tyranno , & in tract . de reg . civit. * bartolus tract . de guelphis & gibell a●g . l. . §. cum igitur d. de vi & viar . thom. aquinas in . ae qu. . art. . in fine l. . d. ad leg . iul. magist . ci● . ●arid . l. . d. de reg iur. vlp. l. . d. de adm . & peric . tut. & curat . l. . d. eodem . l. . d. de admin . & peric . tut . l . de suspect . tut . & cur . l. . & . d. de admin . & peric . tutor . & curat . judg. . chron. & . august . l. . . de civit. dei. c. . * see hotoman . francogallia . c. . to . ●●●issard . l. . c. . & seq● . a●t . de but. consil . quod positum inter consil . paul. de castro vol antiqu . nu . in cip . viso puncto . martini . laudensis in tract . de cardin in . qu. . phil. de iniquodam consilio , cujus verba faerunt andr. barbar . in d. cons . . l. ● . c. . bald. in l. olim. col . peri. de res●ri . in decretal . bonifac . de mai. & obed . plato . l. . & . de repub. l. . & l. omne delictum . sect. ult d. de re milit . c. nullus in carthagin . concil . doctores pontificii . l. . d. de administ & peric . tutor . & cur . l. . d. desuspect . tut . & curat . maccab. lib. . c. . v. . justin . l. . diodor. l. . c. . l. . c. de seditiosis . l. i. l. . d. de autor . & consil . tutor . & curat . seneca l. . de benefic . john ● . . eccles . . object . . a chassanaeus in confuetud . burg. rebuffus ad constit . reg. tom. . & bonefic . art . . bodin . de repub . l. . c. . b part. . p. . to . c rom. . , , , , , . prov. . . . d part. . p. . . e eph. . . cor. . . c. . . cor. . . c. . . tim. . . f ragister . par● . f. . . . . . . . . . . . . pars ● . . , . . , . pars . f . . . . . . . fitz. nat. bre. . g willielmus dei gratia eliensis episc . &c. mattheus pars. p. . h proaem . relect. in leg . taurin . . object . . * see mr. seldens titles of honour , part . . c. . sect . . i part. . p. . to . k part. . p. . . 〈◊〉 cun●us de republ . hebrae . l. . c. . pontif. & ceremoniale romanum . l ad tit. de s●at ho● . l. . m de imp qu. . & . n de potest . regia . part . . sect. . o moral . justit . pars . l. c. . p catalogus gloriae mundi , p . consid . . q see mr. seldens titles of honour , part . . c. . sect. . . t titles of honour , part . . c. . sect. . v see selden , ibid. p. . . x decreta eccles . gal. lib . tit. . c. . , , , , . mr. selden ibid. p. . . y ibid p. , , . z tho. walsingham . in initio , h. . see selden . ibid. p. . a titles of honour , part . c. sect. . b de republ. hebrae . l. . c. * rerum anglicarum , l. . c. . see saxo grammaticus dan. hist . l. . p. ● chronico jacebi con●shanti , & germaniae historicorum . tom. . p. , , . * interest of princes . vindiciae contr . t●rannes , qu. . ● . . &c. ● chron. c. . king . ▪ chron. . . . & . sozom. l. . c. 〈◊〉 numb . . josh . . deut. . . judg. . sam. . . amo● . judg. . ● . s●● . . numb . . matth. . august . in psal . . ambr. l. . de offic gratian in decret . ●icero l. & . offic. 〈◊〉 . sic. ● . . c. . thucyd. ● . . object . answ . pompon de reglur deg . . cic. . offic. cic lib. . offic. joan. avent . in anal. boyorum . * see speed & cam●dens history of queen eliz. metormus and grimstons histories of the netherlands . the noble acts of prince maurice of nass●u and the bils of subsidies in qu. eliz. king james , & king charles his reigne . * tim. . . parliaments power in lawes for religion, or, an ansvvere to that old and groundles [sic] calumny of the papists, nick-naming the religion of the church of england, by the name of a parliamentary-religion sent to a friend who was troubled at it, and earnestly desired satisfaction in it. heylyn, peter, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) parliaments power in lawes for religion, or, an ansvvere to that old and groundles [sic] calumny of the papists, nick-naming the religion of the church of england, by the name of a parliamentary-religion sent to a friend who was troubled at it, and earnestly desired satisfaction in it. heylyn, peter, - . [ ], p. printed by henry hall ..., oxford : . attributed to peter heylyn. cf. bm. signed: e.y. reproduction of original in huntington library. eng england and wales. -- parliament. church of england -- government. church and state -- great britain. a r (wing h ). civilwar no parliaments power, in lawes for religion. or, an ansvvere to that old and groundles calumny of the papists, nick-naming the religion of the heylyn, peter b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion parliaments power , in lawes for religion . or , an ansvvere to that old and groundles calumny of the papists , nick-naming the religion of the church of england , by the name of a parliamentary religion . sent to a freind , who was troubled at it , and earnestly desired satisfaction in it . oxford , printed by henry hall printer to the universitie . . the preface . syr , at my being with you last , you seemed to bee much scandalized for the church of england . you told me you were well assured that her doctrine was most true and orthodox , her government conform to the word of god , and the best ages of the church ; her liturgy an extract of the primitive formes : nothing in all the whole composure but what did tend to edification , and increase of piety . but that you were not satisfied in the waies and meanes by which this church proceeded in her reformation : that you had heard it oft objected by some partisans of the church of rome , that our religion was meere parliamentarian ; or , as doctor harding said long since , that we had a parliament-religion , a parliament-faith , and a parliament-gospell ; to which sanders and some others added , that we had none but parliament bishops , and a parliament-clergy . that you were apt enough to think , the papists made not all this noise without some ground for it , in regard you see the parliaments in these latter times so bent to catch at all occasions whereby to manifest their power in ecclesiasticall matters . and finally , that you were heartily ashamed , that being so often choaked with these objections , you neither knew how to traverse the inditement , or plead not guilty to the bill . this was the sum of your discourse ; and upon this you did desire me to be think my selfe of some fit plaister for this sore , to satisfie you ( if i could ) of your doubts and jealousies , assuring me that your desires proceeded not from curiositie , or an itch of knowledg , or out of any disaffection to the high court of parliament ; but meerly from an honest zeale to the church of england , whose credit and renown you did far prefer before your life , or whatsoever else could be deere unto you ; adding withall , that if i would take paines for your satisfaction , and help you out of those perplexities which you were involved in , i should not only doe good service to the church it selfe , but to many a wavering member of it , whom these objections mainly stagger in their resolution . in fine , that you desired to be informed how far the parliaments of england have been interessed , in the former times , in matters which concern religion , and god's publique worship ; what ground there is for all this clamour of the papists ; and whether the two houses , or eyther of them have exercised , of old , any such authority in things of ecclesiasticall and spirituall nature , as they now pretend to . vvhich , though it be a dangerous and invidious subject ( as the times now are ) yet for your sake , and for the truths , and for the honour also of parliaments , which seeme to suffer much in the accusation , i shall undertake it ; premising first , that i intend not to say any thing to the point of right , whether or not the parliament may lawfully meddle in such matters as concern religion , but shall apply my selfe only unto matters of fact , as they relate unto the reformation here by lawe established . and for my method in this businesse , i will begin with the ejection of the pope and his authority ; descending next to the translation of the scriptures into the english tongue , and the reformation of the church in doctrinals and formes of worship ; and so proceed unto the power of making canons for the well ordering of the clergy , and the direction of the people in all such particulars as doe concern them in the exercise of their religion . and in the canvasing of these points , i shall make it good , that till these busie and unfortunate dayes , in which every man intrudeth on the preistly function , the parliaments did not any thing at all either in matters doctrinal , or in making canons , or in translating of the scriptures ; and that concerning formes of worship they did nothing neyther , but strengthen and establish what was done before in the clergy-way , by adding the secular authority to the constitutions of the church , according to the usage of the best and happiest times of christianity . parliaments power , in lawes for religion . . of the ejection of the pope . and first , beginning with the ejection of the pope and his authority , that led the way unto the reformation of religion which did after follow : it was first voted and decreed in the convocation , before ever it became the subject of an act of parliament . for in the yeare . o . h. . the clergy being caught in a premunire were willing to redeeme their danger by a summe of money , and to that end the clergy of the province of canterbury bestowed upon the king the summe of pounds , to be paid by equall portions in the five yeares following . but the king would not so be satisfied unlesse they would acknowledge him for the supreme head on earth of the church of england , which though it was hard meate , and would not easily downe amongst them , yet it passed at last . for , being throughly debated in a synodicall way , both in the upper and lower houses of convocation , they did in fine agree upon this expression . cujus ( ecclesiae sc. anglicanae ) singularem protectorem , unicum et supremum dominum , et ( quantum per christi leges licet ) supremum caput , ipsius majestatem recognoscimus . to this they all assented and subscribed their hands , and afterwards incorporated it into the publique act or instrument , which was presented to the king in the name of his clergy , for the redeeming of their error , and the graunt of their money , which as it doth at large appeare in the records and acts of the convocation , so is it touched upon in an historicall way in the antiq. britan : mason de minist. anglic. and some other authors ; by whom it also doth appeare , that what was thus concluded on by the clergy of the province of canterbury , was also ratified and confirmed by the convocation for the province of yorke ( according to the usuall custom ) save that they did not buy their pardon at so deare a rate . this was the leading card to the game which followed . for on this ground were built the statutes prohibiting all appeales to rome , and for determining all ecclesiasticall suites and controversies within the kingdome . h. . c. . that for the manner of electing and consecrating of archbishops and bishops . . h. . c. . and , the prohibiting the payment of all impositions to the court of rome ; and for obtayning all such dispensations from the see of canterbury which formerly were procured from the popes of rome . . h. . c , . which last is built expresly upon this foundation ; that the king is the only supreme head of the church of england , and was so recognized by the prelates and clergy , representing the said church in their convocation . and on the very same foundation was the statute raised . h. . c. . where in the king is declared to be the supreme head of the church of england , & to have all honors & preeminencies which were annexed unto that title , as by the act it selfe doth at full appeare , which act being made ( i speake it from the act it selfe ) only for corroboration and confirmation of that which had beene done in the convocation , did afterwards draw on the statute for the tenths and first-fruits , as the point incident to the headship or supreme authority , . h. , c. . the second step to the ejection of the pope , was the submission of the clergy to the said k. henry , whom they had recognized for their supreme head . and this was first concluded on in the convocation , before it was proposed or agitated in the houses of parliament ; and was commended only to the care of the parliament , that it might have the force of a law by a civill sanction . the whole debate with all the traverses and emergent difficulties which appeared therein are specified at large in the records of convocation , anno . but being you have not oportunity to consult those records , i shall prove it by the act of parliament , called commonly the act of the submission of the clergy , but bearing this title in the abridgement of the statutes set out by poulton , that the clergy in their convocations shall enact no constitutions without the kings assent . in which it is premised for granted that the clergy of the realm of england , had not only acknowledg'd according to the truth , that the convocation of the same clergy , is , alwaies hath beene , and ought to be assembled alwaies by the kings writ ; but also submitting themselves to the kings majesty , had promised in verbo sacerdotii , that they would never from henceforth presume to attempt , alleage , claime , or put in ure , enact , promulge or execute any new canons , constitutions , ordinances provinciall , or other , or by whatsoever other name they shall be called in the convocation , unlesse the kings most royall assent may to them be had , to make , promulge and execute the same , and that his majestie doe give his most royall assent and authority in that behalfe . upon which ground worke of the clergies , the parliament shortly after built this superstructure , to the same effect : viz. that none of the said clergy from thenceforth should presume to attempt , alleage , claime or put in ure any constitutions or ordinances , provinciall or synodals , or any other canons ; nor shall enact , promulge , or execute any such canons , constitutions , or ordinances provinciall ( by whatsoever name or names they may be called ) in their convocations in time comming ( which alwaies shall be assembled by the kings writ ) unlesse the same clergy may have the kings most royall assent and licence to make , promulge and execute such canons , constitutions and ordinances provinciall or synodicall , upon paine of every one of the said clergy doing the contrary to this act , and thereof convict , to suffer imprisonment and make fine at the kings will . . h. . c. . so that the statute , in effect , is no more than this , an act to bind the clergy to performe their promise , to keepe them fast unto their word for the time to come , that no new canon should bee made in the times succeeding in favour of the pope , or by his authority , or to the diminution of the kings royall prerogative , or contrary to the lawes and statutes of this realme of england , as many papall constitutions were in the former ages : which statute i desire you to take notice of , because it is the rule and measure of the churches power in making canons , constitutions , or whatsoever else you shall please to call them in their convocations . the third and finall act conducing to the popes ejection , was an act of parliament . h. . c. . entituled an act extinguishing the authority of the bishop of rome . by which it was enacted that if any person should extoll the authority of the bishop of rome , he should incurre the penalty of a praemunire ; that every officer , both ecclesiasticall and lay , should be sworne to renounce the said bishop and his authority , and to resist it to his power , and to repute any oath formerly taken in maintenance of the said bishop , or his authority , to be void ; and finally that the refusall of the said oath should be judged high treason . but this was also usherd in by the determination first , and after by the practice of all the clergie . for in the yeare , which was two yeares before the passing of this act , the king had sent this proposition to be agitated in both vniversities , and in the greatest and most famous monasteries of the kingdome , that is to say , an aliquid authoritatis in hoc regno angliae pontifici romano de jure competat plus quam alii cuicunque episcopo extero ? by whom it was determined negatively , that the bishop of rome had no more power of right in the kingdome of england , than any other forraigne bishop : which being testified and returned under their hands and seales respectively ( the originals whereof are still remayning in the library of sir robert cotton ) was a good preamble to the bishops and the rest of the clergy assembled in their convocation to conclude the like . and so accordingly they did , and made an instrument thereof subscribed by the hands of all the bishops , and others of the clergie , and afterwards confirmed the same by their corporall oathes : the copies of which oathes and instrument you shall finde in foxes acts and monuments vol. . fol. . and fol. . & . of the edition of iohn day , an. . and this was semblably the ground of a following statute . h. . c. . wherein another oath was devised and ratified , to be imposed upon the subject , for the more cleare asserting of the kings supremacy , and the utter exclusion of the popes for ever ; which statutes though they were all repealed by one act of parliament . & . of phil. & mary c. . yet they were brought in force againe . eliz. c. . save that the name of supreme head was changed unto that of the supreme governour , and certaine clauses altered in the oath of supremacy . where ( by the way ) you must take notice that the statutes which concerne the kings supremacy , are not introductory of any new right , that was not in the crown before , but only declaratory of an old , as our best lawyers tell us , and the statute of the . of h. . c. . doth clearly intimate . so that in the ejection of the pope of rome , which was the first and greatest step towards the worke of reformation , the parliament did nothing , for ought yet appeares , but what was done before in the convocation , and did no more than fortifie the results of holy church by the addition and corroboration of the secular power . . of the translation of the scriptures , and permitting them to bee read in the english tongue . the second step towards the worke of reformation , ( and indeed one of the most especiall parts thereof ) was the translation of the bible into the english tongue , and the permitting all sorts of people to peruse the same , as that which visibly did tend to the discovery of the errors and corruptions in the church of rome , and the intolerable pride and tyranny of the romane prelates , upon which grounds it had beene formerly translated into english by the hand of wickliff , and after , on the spreading of luther's doctrine , by the paines of tyndall , a stout and active man in king henries daies , but not so well befreinded as the worke deserved : especially considering that it happened in such a time when many printed pamphlets did disturbe the state ( and some of them of tindals making ) which seemed to tend unto sedition and the change of government . which being remonstrated to the king , he caused divers of his bishops , together with sundry of the learnedest and most eminent divines of all the kingdome to come before him : whom he required freely and plainly to declare aswell what their opinion was of the foresaid pamphlets , as what they did thinke fit to be done concerning the translation of the bible into the english tongue ; and they upon mature advise and deliberation , unanimously condemned the aforesaid bookes of heresie and blasphemie ( no smaller crime . ) then , for translating of the scriptures into the english tongue , they agreed all with one assent , that it depended wholly on the will and pleasure of the soveraign prince , who might doe therein as he conceived to be most agreeable to his occasions ; but that with reference to the present estate of things , it was more expedient to explaine the scripture to the people by the way of sermons , then to permit it to be read promiscuously by all sorts of men : yet so that hopes were to be given unto the laity , that if they did renounce their errours , and presently deliver to the hands of his majesties officers all such bookes and bibles ( which they conceived to bee translated with great fraud and falshood ) as any of them had in keeping , his majesty would cause a true and catholick translation of it to be published in convenient time , for the use of his subjects . this was the summe and substance of the present conference , which you shall finde laid downe at large in the registers of archbishop warham . and according to this advice the king sets out a proclamation not only prohibiting the buying , reading , or translating of any the aforesaid bookes , but straitly charging all his subjects which had any of the bookes of scripture , eyther of the old testament or of the new , in the english tongue , to bring them in without delay . but for the other part , of giving hopes unto the people of a true translation , if they delivered in the false ( or that at least which was pretended to be false ) i finde no word at all in the proclamation . that was a worke reserved unto better times , or left to be sollicited by the bishops themselves , and other learned men who had given the counsell ; by whom ( indeede ) the people were kept up in hope that all should bee accomplished unto their desires . and so indeed it proved at last . for in the convocation of the yeare . the authority of the pope being abrogated , and cranmer fully setled in the see of canterbury , the clergy did agree upon a forme of petition to be presented to the king , that he would graciously indulge unto his subjects of the laity the reading of the bible in the english tongue , and that a new translation of it might be forth with made for that end and purpose . according to which godly motion , his majesty did not only give order for a new translation , which afterwards he authorized to be read both in publique and private ; but in the interim he permitted cromwell his vicar-generall to set out an injunction for providing the whole bible both in latine and english , after the translation then in use , ( which was call'd commonly by the name of matthew's bible , but was indeede no other , than that of tyndall somewhat altered ) to be kept in every parish church throughout the kingdome , for every one that would to repaire unto , and caused this marke or character of authority to be set upon them in red letters set forth with the kings most gracious licence , which you may see in fox his acts & monum. p. . & ▪ afterwards , when the new translation so often promised , and so long expected , was complete and finished , printed at london by the kings authority , and countenanced by a grave and pious preface of archbishop cranmer ; the king sets out a proclamation dated may . . an. . commanding all the curates and parishioners throughout the kingdome , who were not already furnished with bibles so authorized and translated as before is said , to provide themselves before alhallowtide next following , and to cause the bibles so provided to be placed conveniently in their severall and respective churches ; straitly requiring all his bishops and other ordinaries to take speciall care , to see his said commands put in execution . and therewithall came out instructions from the king to be published by the clergy in their severall parishes , the better to possesse the people with the kings good affection towards them in suffering them to have the benefit of such heavenly treasure ; and to direct them in a course by which they might enjoy the same to their greater comfort , the reformation of their lives , and the peace and quiet of the church . which proclamation and instructions are still preserved in that most admirable treasury of sir robert cotton . and unto these commands of so great a prince , both bishops , priests and people did apply themselves with such cheerefull reverence , that bonner ( even that bloody butcher , as he after proved ) caused sixe of them to be chayned in severall places of saint paul's church in london , for all that were so well inclined to resort unto , for their edification and instruction , the booke being very chargeable , because very large ; and therefore called commonly ( for distinctions sake ) the bible of the greater volume . thus have we seene the scriptures faithfully translated into the english tongue , the bible publickly set up in all parish-churches , that ev'ry one wch would might peruse the same , and leave permitted to all people to buy them for their private uses , and reade them to themselves , or before their families , and all this brought about by no other meanes than by the kings authority ▪ only grounded on the advice and judgement of the convocation . but long it was not i confesse , before the parliament put in for a share , and claimed some interest in the worke ; but whether for the better or the worse ▪ i leave you to judge . for in the yeare , the king being then in agitation of a league with charles the emperour , he caused a complaint to be made unto him in his court of parliament that the liberty granted to the people in having in their hands the bookes of the old and new testament , had beene much abused by many false glosses and interpretations which were made upon them , tending to the seducing of the people , especially of the younger sort , and the raysing of sedition within the realme . and thereupon it was enacted by the authority of the parliament ( on whom he was content to cast the envy of an act so contrary to his former gracious proclamations ) that all manner of bookes of the old and new testament of the crafty , false , and untrue translation of tyndall , be forthwith abolished , and forbidden to be used and kept . as also , that all other bibles not being of tyndalls translation in which were found any preambles or annotations , other than the quotations or summaries of the chapters , should be purged of the said preambles and annotations , eyther by cutting them out , or blotting them in such wise that they might not be perceived or read . and finally that the bible be not read openly in any church , but by the leave of the king or of the ordinary of the place ; nor privately by any women , artificers , prentices , iourneymen , husbandmen , labourers , or by any of the servants of yeomen or under , with severall paines to those who should doe the contrary . this is the substance of the statute of the . & . h. . cap. . which though it shewes that there was somewhat done in parliament , in a matter which concern'd religion ( which howsoever if you marke it , was rather the adding of the penalties , than giving any resolution or decision of the points in question ) yet i presume the papists will not use this for an argument , that we have eyther a parliament-religion , or a parliament-gospell ; or that we stand indebted to the parliament for the use of the scriptures in the english tongue , which is so principall a part of the reformation . nor did the parliament speede so prosperously in the undertakiug ( which the wise king permitted them to have an hand in for the foresaid ends ) or found so generall an obedience in it from the common people , as would have beene expected in these times , on the like occasion ; but that the king was faine to quicken and give life to the acts thereof by his proclamatiom . an. . which you shall find in fox his booke . fol. . to drive this nayle a little farther . the terror of this statute dying with h. . or being repealed by that of k. e. . e. . c. . the bible was againe made publique ; and not only suffered to be read by particular persons , either privately , or in the church ; but ordered to be read over yearely in the congregation , as a part of the liturgy , or divine service ; which how farre it relates to the court of parliament we shall see anon . but for the publishing thereof in print for the use of the people , for the comfort and edification of private persons , that was done only by the king , at least in his name , and by his authority . and so it also stood in q. elizabeths time , the translation of the bible being againe reviewed by some of the most learned bishops appointed thereunto by the queenes commission ( from whence it had the name of the bishops-bible ) and upon that review , reprinted by her sole commandement , and by her sole authority left free and open to the use of her well affected and religious subjects . nor did the parliament doe any thing in all her reigne with reference to the scriptures in the english tongue , otherwise than as the reading of them in that tongue in the congregation , is to be reckoned for a part of the english liturgy , whereof more hereafter . in the translation of them into welch or british , somewhat indeed was done which doth looke this way . it being ordered in the parliament . eliz. c. . that the b. b. of hereford , st. davids , bangor , landaffe , and st. asaph , should take care amongst them for translating the whole bible , with the booke of common ▪ prayer into the welch or british tongue , on paine of forfeiting a peece , in default hereof . and to encourage them thereunto , it was enacted , that one booke of either sort being so translated and imprinted , should be provided and bought for every cathedrall church , as also for all parish churches and chappells of ease , where the said tongue is commonly used : the ministers to pay the one halfe of the price , and the parishioners the other . but then you must observe withall , that it had beene before determined in the convocation of the selfe same yeare . an. . that the common-prayer of the church ought to be celebrated in a tongue which was understood by the people ( as you may see in the booke of articles of religion . art. . which came out that yeare ) and consequently as well in the welch or british , as in any other . and for the new translation of k. iames his time , to shew that the translation of scripture is no worke of parliament , as it was principally occasioned by some passages in the conference at hampton court without recourse unto the parliament , so was it done only by such men as the king appointed , and by his authority alone imprinted , published and imposed ; care being taken by the canon of the yeare . that one of them should be provided for each severall church , at the charge of the parish . no flying in this case to an act of parliament , either to authorize the doing of it , or to impose it being done . . of the reformation of religion in points of doctrine . next , let us look upon the method used in former times in the reforming of the church , whether in points of doctrine , or in formes of worship , and we shall find it still the same . the clergy did the worke as to them seemed best , never advising with the parliament , but upon the post fact , and in most cases not at all . and first for doctrinals , there was but little done in king henries time but that which was acted by the clergie only in their convocations , and so commended to the people by the kings sole authority , the matter never being brought within the cognizance of the two houses of parliament . for in the yeare , being the yeare in which the popes authoritie was for ever banished , there were some articles agreed on in the convocation , and represented to the king , under the hands of all the bishops , abbats , priors , and inferiour clergy usually called unto those meetings ; the originall whereof being in sir robert cottons library i have often seene : which being approved of by the king , were forthwith published under the title of articles devised by the kings highnesse to stable christian quietnesse and unity amongst the people . in which it is to be observed , first ; that those articles make mention of sacraments only , that is to say of baptisme , penance , and the sacrament of the altar . and secondly , that in the declaration of the doctrine of iustification , images , honouring of the saints departed , as also concerning many of the usuall ceremonies , and the fire of purgatory , they differ'd very much from those opinions which had beene formerly received in the church of rome , as you may partly see by that extract of them which occurres in fox his acts and monuments , vol. . fol. . for the confirming of which booke , and recommending it to the use of the people , his majesty was pleased in the injunctions of the yeare . to give command to all deanes , parsons , vicars and curats , so to open and declare in their sermons and other collations the said articles unto them which be under their cure , that they might plainly know and discerne , which of them be necessary to be beleeved and observed for their salvation , and which doe only concerne the decent and politique order of the church . and this he did upon this ground , that the said articles had beene concluded and condiscended upon by the prelates and clergy of the realme in their convocation , as appeareth in the very words of the injunction : for which see fox his acts and monuments fol. . i finde not any thing in parliament which relates to this , either to countenance the worke , or to require obedience and conformity from the hands of the people . and , to say truth , neither the king nor clergy did account it necessary , but thought their owne authority sufficient to goe through with it , though certainly it was more necessary at that time then in any since , the power and reputation of the clergy being under foot , the king scarce setled in the supremacy so lately recognized unto him , and therfore the authority of the parliament of more use than afterward , in times well ballanced and established . 't is true that in some other yeares of that princes reigne , we finde some use and mention of an act of parliament , in matters which concern'd religion , but in was only in such times when the hopes of reformation were in the wane , and the worke went retrograde . for in the yeare . being the h. . when the lord cromwel's power began to decline , and the king was in a necessitie of compliance with his neighbouring princes , there passed an act of parliament commonly called the statute of the six articles ( or the whip with six stringes ) in which it was enacted . that whosoever by word or writing should preach , teach , or publish , that in the blessed sacrament of the altar , under forme of bread and wine , there is not really the naturall body and blood of our saviour jesus christ , conceived of the virgin mary , ( or affirme otherwise thereof then was maintained and taught in the church of rome ) should be adjudged an heretick , and suffer death by burning , and forfeit all his lands and goods , as in case of high treason . secondly , that whosoever should teach or preach , that the communion of the blessed sacrament in both kindes is necessary for the health of mans soule , and ought so to be ministred . thirdly , or that any man after the order of priest-hood received might marry , or contract matrimony : fourthly , or that any woman which had vowed and professed chastity , might contract marriage . fifthly , or that private masse were not lawfull and laudable , and agreeable to the word of god . or , sixthly , that auricular confession was not necessary and expedient to be used in the church of god , should suffer death , and forfeit lands and goods , as a felon . of h. . c ▪ . the rigour of which terrible statute was shortly after mitigated in the said kings reigne , . h. . c , . and . of h. . c. . and the whole statute absolutely repealed by act of parliament , . ed. . c. . but then it is to be observed first , that this parliament of king henry the eighth , did not determine any thing in those six points of doctrine which are therein recited , but only tooke upon them to devise a course for the suppressing of the contrary opinions , by adding by the secular power , the punishment of death , and forfeiture of lands and goods , unto the censures of the church , which were grown weake , if not invalid ; and consequently , by degrees became neglected ever since the said king henry tooke the headship on him , and exercised the same by a lay vicar-generall . and secondly , you must observe that it appeareth evidently by the act it selfe , that at the same time the king had called a synod and convocation of all the archbishoppes , bishoppes , and other learned men of the clergy , that the articles were first deliberately and advisedly debated , argued and reasoned by the said archbishops , bishops , and other learned men of the clergy , and their opinions in the same declared and made knowne , before the matter came in parliament , and finally that being brought into the parliament , there was not any thing declared and passed as doctrinall , but by the assent of the lords spirituall , and other learned men of the convocation , as by the act it selfe doth at large appeare . finally , whatsoever may be drawne from hence , can be only this , that king henry did make use of his court of parliament for the establishing and confirming of some points of popery , which seemed to be in danger of a reformation . and this compared with the statute of the . & . prohibiting the reading of the bible by most sorts of people , doth clearely shew that the parliaments of those times did rather hinder and retard the worke of reformation , in some especiall parts thereof , than give any furtherance to the same . but to proceede . there was another point of reformation begunne in the lord cromwel's time , but not produced , nor brought unto perfection till after his decease , and then too , not without the midwifery of an act of parliament . for in the yeare . the bishops and others of the clergy of the convocation , had composed a booke entituled the institution of a christian man , which being subscribed by all their hands , was by them presented to the king , by his most excellent judgement to be allowed of , or condemned . this booke , conteyning the cheife heads of christian religion , was forth with printed , and exposed to publique view . but some things not being clearely explicated , or otherwise subject to exception , he caused it to be reviewed , and to that end ; as supreme head , on earth , of the church of england ( i speake the very words of the act of parliament . . h. ▪ c. . ) appointed the archbishops and bishops of both provinces , and also a great number of the best learned , honestest , and most virtuous sort of the doctors in divinity , men of discretion , judgement , and good disposition , to be called together , to the intent that according to the very gospell and law of god , without any partiall respect or affection to the papisticall sort , or any other sect or sects whatsoever , they should declare , by writing , and publish , as well the principall articles and points of our faith and beleife ; with the declaration , true understanding and observation of such other expedient points , as by them , with his grace's advise , counsaile and consent , shall be thought needfull and expedient : as also for the lawfull rites , ceremonies , and observation of gods service within this realme . this was in the yeare . at what time the parliament was also sitting , of which the king was pleased to make this especiall use , that whereas the worke which was in hand ( i use againe the words of the statute ) required ripe and mature deliberation , and was not rashly to be defined and set forth , and so not fit to be restrained to the present session : an act was passed to this effect , that all determinations , declarations , decrees , definitions and ordinances , as according to god's word and christs gospell should at any time hereafter be set forth by the said archbishops and bishops , and doctors in divinity , now appointed , or hereafter to be appointed by his royall majesty , or else by the whole clergy of england , in and upon the matter of christ's religion , and the christian faith , and the lawfull rites , ceremonies , and observations of the same , by his majesties advice and confirmation under the great seale of england , shall be by all his graces subjects fully beleeved , obeyed , observed and performed to all purposes and intents , upon the paines and penalties therein to be comprized , as if the same had beene in expresse words and sentences plainly and fully made , set forth , declared and conteined in the said act. . of h. . c , . where note that the two houses of parliament were so farre from medling in the matter which was then in hand , that they did not so much as require to see the determinations and decrees of those learned men whom his majesty had then assembled , before they passed the present act to binde the subject fully to beleeve , observe and performe the same ; but left it wholly to the judgement and discretion of the king and clergy , and trusted them besides with the ordaining and inflicting of such paines and penalties on disobedient and unconformable persons , as to them seemed meete . this ground worke laid , the worke went forwards in good order , and at last being brought unto as much perfection as the said archbishops , bishops , and other learned men could give it , without the cooperation and concurrence of the royall assent , it was presented once againe to the king's consideration , who very carefully perused it , and alterd many things with his owne hand , as appeareth by the booke it selfe still extant in the famous library of sir robert cotton , and having so altered and corrected it in some passages , returned it to the arcbishop of canterbury , who bestowed some further paines upon it , to the end that being to come forth in the kings name , and by his authority , there should be nothing in the same which might be justly reprehended . the businesse being in this forwardnesse , the king declares in parliament , an. . being the yeare of his reigne his zeale and care , not only to suppresse all such bookes and writings as were noysom and pestilent , and tended to the seducing of his subjects : but also to ordaine and establish a certaine forme of pure and sincere teaching , agreeable to gods word , and the true doctrine of the catholick and apostolick church , whereunto men may have recourse for the decision of some such controversies , as have in times past , & yet doe happen to arise . and for a preparatory thereunto , that so it might come forth with the greater credit , he caused an act to passe in parliament for the abolishing of all bookes and writings comprizing any matters of christian religion , contrary to that doctrine which since the yeare . is ▪ or any time during the kings life , shall be set forth by his highnesse , and for the punishment of all such ( and that too with most grievous paines ) which should preach , teach , mainteine or defend any matter or thing contrary to the booke of doctrine which was then in readinesse . . h. . c. . which done he caused the said booke to be imprinted in the yeare next following , under the title of a necessary doctrine for all sorts of people ; prefixing a preface thereto in his owne royall name , to all his faithfull and loving subjects , that they might know the better in those dangerous times , what to beleeve in point of doctrine , and how they were to carry and behave themselves in point of practice . which statute , as it is the greatest evidence which those times afford , to shew , that both , or either of the houses of parliament had any thing to doe in matters which concern'd religion ; so it entitles them to no more ( if at all to any thing ) then that they did make way to a booke of doctrine which was before digested by the clergy only , revised after and corrected by the kings owne hand , and finally perused and perfected by the metropolitan . and more than so ( besides , that being but one swallowe , it can make no summer ) it is acknowledged and confessed in the act it selfe ( if poulton understand it rightly in his abridgement ) that recourse must be had to the catholick and apostolick church , for the decision of controversies . which as it gives the clergy the decisive power , so it left nothing to the houses but to assist and ayde them with the temporall sword , when the spirituall word could not doe the deede , the point thereof being blunted , and the edge abated . next let us looke upon the time of king ed. . and we shall find the articles and doctrine of the church ( excepting such as were conteined in the booke of common-prayer ) to be composed , confirmed and setled in no other way than by the clergy only in their convocation , the kings authority cooperating and concurring with them . for , in the synod held in london an. . the clergy did compose and agree upon a booke of articles , conteining the chiefe heads of the christian faith , especially with referrence to such points of controversie as were in difference betweene the reformators of the church of england , and the church of rome , and other opponents whatsoever ; which after were approved and published by the kings authority . they were in number , and were published by this following title , that is to say , articuli de quibus in synodo london , an. . ad tollendum opinionum dissentionem , et consensum verae religionis firmandum , inter episcopos & alios eruditos viros convenerat , regia authoritate in lucem editi . and , it is worth our observation , that though the parliament was held at the very time , and that the parliament passed severall acts which concerned church-matters , as viz. an act for uniformity of divine service , and for the confirmation of the booke of ordination , . & . ed. . c. . an act declaring which daies only shall be kept for holy-dayes , and which for fasting dayes , c. . an act against striking or drawing weapon either in the church , or church-yard ▪ c. . and finally another act for the legitimating of the marriages of priests and ministers , c. . yet neither in this parliament , nor in that which followed , is there so much as the least syllable which reflects this way , or medleth any thing at all with the booke of articles . where , by the way , if you behold the lawfullnesse of priests marriages as a matter doctrinall , or thinke we owe that point of doctrine , and the indulgence granted to the clergy in it , to the care and goodnesse of the parliament , you may please to know , that the point had beene before determined in the convocation , and stands determined by and for the clergy in the . of those articles , and that the parliament looked not on it as a point of doctrine , but as it was a matter practicall , conducing to the benefit and improvement of the common-wealth . or if it did , yet was the statute built on no other ground-worke , than the resolution of the clergy , the marriage of priests being before determined to be most lawfull ( i use the very words of the act it selfe ) and according to the word of god , by the learned clergy of this realm in their convocations , as well by the common assent , as by subscription of their hands . . ▪ ed ▪ . c. . and , for the time of q. elizabeth , it is most manifest that they had no other body of doctrine in the first part of her reigne , then only the said articles of k. edward's booke , and that which was delivered in the booke of homilies of the said kings time ; in which the parliament had as little to doe , as you have seene they had in the booke of articles . but in the convocation of the yeare . being the fifth of the queenes reigne , the bishops and clergy taking into consideration the said booke of articles , and altering what they thought most fitting , to make it more conducible to the use of the church , and the edification of the people , presented it unto the queene , who caused it to be published with this name and title , viz. articles whereupon it was agreed by the archbishops and bishops of both provinces and the whole clergy in the convocation holden at london an. . for the avoiding of diversitie of opinions , and for establishing of consent touching true religion , put forth by the queenes authority . of any thing done or pretended to be done by the power of parliament , either in the way of approbation , or of confirmation , not one word occurres either in any of the printed bookes , or their publique registers . at last indeed in the thirteenth of the said queenes reigne ( which was eight yeares full after the passing of those articles ) comes out a statute for the redressing of disorders in the ministers of holy church ; in which it was enacted . that all such as were ordeined priests or ministers of god's word and sacraments , after any other forme than that appointed to be used in the church of england ; all such as were to be ordeined , or permitted to preach , or to be instituted into any benefice with cure of soules , should publiquely subscribe to the said articles , and testifie their assent unto them : which shewes ( if you observe it well ) that though the parliament did well allow of and approve the said booke of articles , yet the said booke owes neither confirmation nor authority to the act of parliament . so that the wonder is the greater , that that most insolent scoffe which is put upon us by the church of rome , in calling our religion by the name parliamentaria religio , should passe so long without controle , unlesse perhaps it was in reference to our formes of worship , of which i am to speake in the next place . but first we must make answere unto some objections which are made against us , both from law and practise . for practise , first it is alleaged by some out of bishop iewell , in his answere to the cavill of dr. harding , to be no strange matter to see ecclesiasticall causes debated in parliament ; and that it is apparent by the lawes of k. inas , k. alfred , k. edward , &c. that our godly forefathers the princes and peeres of this realme , never vouchsafed to treate of matters touching the common state , before all controversies of religion , and causes ecclesiasticall had beene concluded . def. of the apol. pt. . c. . § . . but the answere unto this is easy . for first , if our religion may be called parliamentarian , because it hath received confirmation and debate in parliament , then the religion of our forefathers , even papistry it selfe ( concerning which so many acts of parliament were made in k. henry . and q. maries time ) must be called parliamentarian also . and secondly , it is most certaine , that in the parliaments or common councels ( call them which you will ) both of king inas time , and the rest of the saxon kings which bishop iewell speakes of , not only bishops , abbats , and the higher part of the clergy , but the whole body of the clergy generally had their votes and suffrages , eyther in person or by proxy . concerning which , take this for the leading case , that in the parliament or common councell in k. ethelbert's time , who first of all the saxon kings received the gospell , the clergy were convened in as full a manner , as the lay subjects of that prince ▪ convocato cōmuni concilio tam cleri , quàm populi , saith sr. h. spelman in his collection of the councels . an. . p. . and for the parliament of king ina which leades the way in bishop iewell , it was ( saith the same sr. h. spelman p. . commune concilium episcoporum , procerum , comitum , necnon omnium sapientum , seniorum , populorumque totius regni ; where doubtlesse sapientes and seniores ( and you know what seniores signifieth in the ecclesiasticall notion ) must be some body else then those which after are expressed by the name of populi , which shewes the falshood and absurdity of the collection made by master prynne , that in the epistle to his booke against doctor cousins , viz. that the parliament ( as it is now constituted ) hath an ancient , genuine , just and lawfull prerogative , to establish true religion in our church , and to abolish and suppresse all false , new , and counterfeit doctrines whatsoever : unlesse he meanes , upon the post-fact , after the church hath done her part , in determining wh●t was true , what false ; what new , what ancient ; and finally what doctrines might be counted counterfeit , and what sincere . and as for law , 't is true indeed , that by the statute eliz. cap. . the court of parliament hath pawer to determine and judge of heresie ; which at first sight seemes somewhat strange , but on the second view , you will easily finde that this relates only to new and emergent heresies , not formerly declared for such in any of the first foure generall councells , nor in any other generall councell adjudging by expresse words of holy scripture ; as also that in such new heresies , the following words restraine this power to the assent of the clergy in their convocation , as being best able to instruct the parliament what they are to doe , and where they are to make use of the secular sword for cutting off a desperat heretick from the church of christ , or rather from the body of all christian people . . of the formes of worship . this rub removed , we now proceed unto a view of such formes of worship as have beene setled in this church , since the first dawning of the day of reformation ; in which our parliaments have indeed done somewhat , though it be not much . the first point which was altered in the publique liturgies , was that the creed , the pater-noster , and the ten commandements , were ordered to be said in the english tongue , to the intent the people might be perfect in them , and learn them without book , as our phrase is . the next ; the setting forth and using of the english letanie , on such daies and times , in which it was accustomably to be read as a part of the service . but neither of these two was done by parliament , nay ( to say truth ) the parliament did nothing in them . all which was done in eyther of them , was only by the kings authority , by virtue of the head ship or supremacy which was vested in him , eyther cooperating and concurring with his convocation , or else directed and assisted by such learned prelates , with whom he did advise in matters which concern'd the church , and did relate to reformation . by virtue of which head-ship or supremacy he ordained the first , and to that end caused certain articles or injunctions to be published by the lord cromwell , then his vicar-generall . an. . and by the same did he give order for the second , i meane , for the saying of the letany in the english tongue , by his own royall proclamation . an. . for which , consult the acts & mon. fol. . . but these were only preparations to a greater worke which was reserved unto the times of king ed. . in the beginning of whose reigne there passed a statute for the administring the sacrament in both kindes to any person that should devoutly and humbly desire the same . ed. . cap. . in which it is to be observed , that though the statute doe declare , that the ministring of the same in both kinds to the people was more agreeable to the first institution of the said sacrament , and to the common usage of the primitive times . yet mr. fox assures us ( and we may take his word ) that they did build that declaration , and consequently the act which was raised upon it , upon the iudgement and opinion of the best learned men , whose resolution and advise they followed in it . fol. . and for the forme by which the said most blessed sacrament was to be so delivered to the common people , it was commended to the care of the most grave and learned bishops , and others , assembled by the king at his castle of windsor ; who upon long , wise , learned and deliberate advice did finally agree ( saith fox ) upon one godly and uniform order for receiving the same , according to the right rule of scriptures , and the first use of the primitive church . fol. . which order , as it was set forth in print . an. . with a proclamation in the name of the king , to give authority thereunto amongst the people , so was it recommended by especiall letters writ unto every bishop severally from the lords of the counsell , to see the same put in execution ; a copy of which letters you may find in fox . fol. . as afore is said . hitherto nothing done by parliament in the formes of worship , but in the following yeare there was . for the protector and the rest of the kings counsell being fully bent for a reformation , thought it expedient that one uniform , quiet and godly order should be had throughout the realm , for officiating god's divine service . and to that end ( i use the very words of the act it selfe ) appointed the archbishop of canterbury , and certain of the most learned and discreet bishops , and other learned men of the realm to meet together , requiring them , that having as well eye and respect to the most pure and sincere christian religion taught in scriptures , as to the usages in the primitive church , they should draw and make one convenient and meet order , rite and fashion of common prayer , and administration of sacraments to be had and used in this his majesties realm of england . well , what did they being thus assembled ? that the statute tells us : where it is said , that by the ayd of the holy ghost ( i pray you marke this well ) and with one uniform agreement they did conclude upon and set forth an order , which they delivered to the kings highnesse , in a book entituled , the booke of common-prayer and administration of the sacraments , and other rites and ceremonies of the church , after the use of the church of england . all this was done before the parliament did any thing . but what was done by them at last ? why first , considering the most godly travaile of the kings highnesse , and the lord protector and others of his highnesse counsell , in gathering together the said bishops and learned men . secondly , the godly prayers , orders , rites and ceremonies in the said book mentioned . thirdly , the motives and inducements which inclined the aforesaid learned men to alter those things which were altered , and to reteine those which were reteined ; and finally , taking into consideration the honour of god , and the great quietnesse which by the grace of god would ensue upon it ; they gave his majesty most hearty and lowely thanks for the same , and most humbly prayed him that it might be ordeined by his majesty , with the assent of the lords and commons assembled in parliament , and by authority of the same , that the said form of common-prayer and none other , after the feast of pentecost next following , should be used in all this majesties dominions with severall penalties to such , as either should deprave or neglect the same . . & . ed. . cap. . so far the very words of the act it selfe . by which it evidently appeareth that the two houses of parliament did nothing in the present businesse , but impose that form upon the people , which by the learned and religious clergie men ( whom the king appointed thereunto ) was agreed upon , and made it penall unto such as eyther should deprave the same , or neglect to use it . and thus doth poulton ( no meane lawyer ) understand the statute , who therfore gives no other title to it in his abridgement published in the yeare ▪ than this the penalty for not using uniformity of service , and ministration of the sacraments . so then , the making of one uniform order of celebrating divine service , was the worke of the clergy , the making of the penalties , was the worke of the parliament . and so much for the first liturgy of king edwards reigne ; in which you see how little was done by the authority or power of parliament , so little , that if it had beene lesse , it had been just nothing . but some exceptions being taken against the liturgy by some of the preciser sort at home , and by calvin abroad , the book was brought under a review : and though it had been framed at first ( if the parliament which said so erred not ) by the ayd of the holy ghost himself , yet to comply with the curiositie of the ministers , and mistakes of the people , rather then for any other weighty cause , as the statute . & . ed. . cap. . it was thought expedient by the king , with the assent of the lords and commons in parliament assembled , that the said order of common-service should be faithfully and godly perused , explained and made fully perfect . perused and explained ; by whom ? why , questionlesse by those who made it ; or else , by those ( if they were not the same men ) who were appointed by the king to draw up , and compose a form of ordination for the use of the church . and this assent of theirs ( for it was no more ) was the only part that was ever acted by the parliament , in matter of this present nature , save that a statute passed in the former parliament , . & . ed. . c. . unto this effect , that such form and manner of making and consecrating archbishops , bishops , priests , deacons and other ministers of the church ( which before i spake of ) as by six prelates , and six other men of this realm , learned in gods lawes , by the king to be appointed and assigned , shall be devised for that purpose , and set forth under the great seale , shall be lawfully used and exercised , and none other . where note , that the king only was to nominate and appoint the men , the bishops and other learned men were to make the book , & that the parliament in a blinde obedience , or at the least upon a charitable confidence in the integrity of the men so nominated , did confirm that book , before any of their members had ever seene it , though afterwards indeed , in the following parliament , this book , together with the book of common-prayer , so printed and explained , retained a more formall confirmation , as to the use thereof throughout the kingdome , but in no other respect , for which see the statute . & . ed. . c. . [ as for the time of q. elizabeth , when the common prayer book now in use ( being the same almost with the last of king edward ) was to be brought again into the church , from whence it was cast out in q. maries reigne ; it was committed to the care of some learned men , that is to say , to master whitehead ( once chaplain to q. anne bullen ) doctor parker , after archbishop of canterbury , d. grindall after bishop of london , d. coxe after bishop of ely , d. pilkinton after bishop of durham , d. may deane of s. paules , d. bill provost of eaton , after deane of westminster , and sr. tho. smith . by whom being alter'd in some few passages which the statute points to eliz. cap. . it was presented to the parliament , and by the parliament received and established without more adoe , or troubling any committee of both or either houses to consider of it , for ought appeares in their records . all that the parliament did in it ; being to put it into the condition in which it stood before in king ed. reigne , partly by repealing the repeale of king ed. statutes , made in the of q. mary cap. . and partly by the adding of some farther penalties on such as did deprave the book , or neglect to use it , or wilfully did absent themselves from their parish-churches . and for the alterations made therein in king iames his time , being small and in the rubrick only , and for the additions of the thanksgivings at the end of the letany , the prayer for the queen and the royall issue , and the doctrine of the sacraments at the end of the catechisme , which were not in the book before ; they were never referred unto the parliament , but were done only by authority of the kings commission , and stand in force by virtue only of his proclamation , which you may find before the book , the charge of buying the said book so explained and altered , being layd upon the severall and respective parishes , by no other authority than that of of the eightieth canon , made in convocation . an. . the like may also be affirmed of the formes of prayer for the inauguration day of our kings and queenes , the prayer-books for the fifth of november , and the fifth of august , and those which have beene used in all publique fasts : all which , without the help of parliaments , have been composed by the bishops , and imposed by the king . now unto this discourse of the formes of worship , i shall subjoyn a word or two of the times of worship , that is to say , the holy daies observed in the church of england ; and so observed , that they doe owe that observation cheifely to the churches power . for whereas it was found in the former times that the number of the holy daies was grown so great , that they became a burden to the common people , and a great hindrance to the thrift and manufactures of the kingdome ; there was a canon made in the convocation . an. , for cutting off of many superstitious and superfluous holy daies , and the reducing them unto the number in which now they stand ( save that st. georges day , and mary magdalens day , and all the festivals of the blessed virgin had their place amongst them ) according to which canon , there went out a monitory from the archibishop of canterbury to all the suffragans of his province , respectively to see the same observed in their severall diocesses , which is still extant on record . but being the authority of the church was then in the wane , it was thought necessary to confirm their acts , and see execution done upon it by the kings injunction : which did accordingly come forth with this form or preamble , that the abolishing of the said holy daies was decreed , ordained and established by the kings highnesse authority , as supreme head in earth of the church of england , with the common consent and assent of the prelates and clergy of this his realm , in convocation lawfully assembled and congregate , of which see fox his acts and monuments fol. . . afterwards in the yeare . the king perceiving with what difficulty the people were induced to leave off those holy daies , to which they had been so long accustomed , published his proclamation of the twenty third of iuly , for the abolishing of such holy daies ( amongst other things ) as were prohibited before by his injunctions : both built upon the same foundation , namely , the resolution of the clergy in their convocation . and so it stood untill the reigne of king e. . at what time the reformation of the publique liturgy drew after it by consequence an alteration in the present businesse , no daies being to be kept or accounted holy , but those for which the church had set apart a peculiar office , and not all those neither . for , whereas there are severall and peculiar offices for the day of the conversion of saint paul , and the day of st. barnabas the apostles ; neither of these are kept as holy daies , nor reckoned or esteemed as such in the act of parliament , wherein the names and number of the holy daies is precisely specified , which makes some think the act of parliament to have had an over-ruling power on the common-prayer book ; but it is not so , there being a specification of the holy daies in the book it selfe , with this direction , these to be observed for holy daies and none other ; in which the feasts of the conversion of st. paul , and the apostle barnabas are omitted plainly , and upon which specification the stat. . & . ed. . cap. . which concerns the holy daies seemes most exprestly to be built . and for the offices on those daies in the common-prayer book , you may please to know that every holy-day consisteth of two speciall parts , that is to say , rest , or cessation from bodily labour , and celebration of diuine or religious duties ; and that the dayes before remembred are so far kept holy , as to have still their proper and peculiar offices , which is observed in all the cathedralls of this kingdome , and the chappels royall , where the service is read every day ; and in most parish churches also as oft as eyther of them fals upon a sunday , though the people be not on those daies enjoyned to rest from bodily labour , no more then on the coronation day , or the fifth of november , which yet are reckoned by the people for a kind of holy daies . put all which hath been said together , and the summe is this , that the proceedings of this church in the reformation were not meerly regall , ( as it is objected by some puritans ) much lesse that they were parliamentarian in so great a work , as the papists falsely charge upon us , the parliaments for the most part doing little in it , but that they were directed in a justifiable way , the worke being done synodically , by the clergie only , according to the usage of the primitive times , the king concurring with them , and corroborating what they had resolved on , eyther by his own single act in his letters patent , proclamations and injunctions , or by some publique act of state , as in times , and by acts of parliament , . of the power of making canons for the well ordering of the clergy , and the directing of the people in the publique duties of religion . we are now come to the last part of this designe , unto the power of making canons , in which the parliament of england have had lesse to doe than in eyther of the other which are gone before . concerning which i must desire you to remember , that the clergy , who had power before to make such canons and constitutions in their convocations as to them seemed meet , promised the king in verbo sacerdotii , not to enact or execute any new canons , but by his majesties royall assent , and by his authority first obteined in that behalfe : which is thus briefly touched upon in the antiq. britan. in the life of william warham archbishop of canterbury . clerus in verbo sacerdotii fidem regi dedit , ne ullas deinceps in synodo ferrent ecclesiasticas leges , nisi & synodus authoritate regiâ congregata , & constitutiones in synodis publicatae eadem authoritate ratae essent . upon which ground i doubt not but i might securely raise this proposition , that whatsoever the clergy did , or might doe lawfully before the act of submission , in their convocation , of their owne power , without the kings authority and consent concurring , the same they can , and may doe still , since the said act of their submission ; the kings authority and consent cooperating with them in their counsailes , and giving confirmation to their constitutions . further , it doth appeare by the aforesaid act. . h. . c. . that all such canons , constitutions , ordinances , and synodalls provinciall , as were made before the said submission , which be not contrariant nor repugnant to the lawes , statutes , and customes of this realm , nor to the damage or hurt of the kings prerogative royall , were to be used and executed as in former times . and by the statute . h. . c. . of the kings supremacy , that ( according to the recognition made in convocation ) our said soveraigne lord , his heires and successors kings of this realm , shall have full power and authority from time to time , to visit , represse , reform , order , correct , &c. all such errors , heresies , abuses , offences , contempts , and enormities whatsoever they be , &c. as may be most to the pleasure of almighty god , the increase of virtue in christs religion , and for the peace , unity and tranquillity of this realm , and the confirmation of the same . so that you see these severall waies of ordering matters for the publique weale and governance of the church ; first , by such ancient canons and constitutions , as being made in former times , are still in force . secondly , by such new canons as are , or shall be made in convocation , with and by the kings consent . and thirdly , by the sole authority of the soveraigne prince , according to the precedents laid down in the book of god , and the best ages of the church . concerning which you must remember what was said before , viz. that the statutes which concern the kings supremacy , are declaratory of an old power only , not introductory of a new ; which said , we shall the better see whether the parliament have had any thing to doe either in making canons , or prescribing orders for the regulating of spirituall and ecclesiasticall matters , and unto whom the same doth of right belong according to the lawes of the realm of england . and first , king henry being restored to his head-ship or supremacy ( call it which you will ) did not conceive himself so absolute in it ( though at first much enamor'd of it ) as not some times to take his convocation with him , but at all times to be advised by his prelates , when he had any thing to doe that concerned the church ; for which there had been no provision made by the ancient canons , grounding most times , his edicts and injunctions royall , upon their advise and resolution . for on this ground , i mean the judgement and conclusions of his convocation , did he set out the injunctions of the yeare . for the abolishing of superstitious and superfluous holy daies , the exterminating of the popes authority , the publishing of the book of articles , which before we spake of num , . by all parsons , vicars and curats ; for preaching down the use of images , reliques , pilgrimages and superstitious miracles ; for rehearsing openly in the church , in the english tongue , the creed , the pater-noster , and the ten commandements ; for the due and reverent ministring of the sacraments and sacramentals , for providing english bibles to be set up in every church for the use of the people ; for the regular and sober life of clergy men , and the releefe of the poore . and on the other side the king proceeded some times only by the advice of his prelates , as in the injunctions of the yeare . for quarterly sermons in each parish ; for admitting none to preach but men sufficiently licensed : for keeping a register book of christnings , weddings and burialls ; for the due paying of tythes , as had been accustomed : for the abolishing of the commemoration of st. tho. becket : for singing parce nobis domine , instead of ora pro nobis , and the like to these . and of this sort were the injunctions which came out in some yeares succeeding , for the taking away of images and reliques , with all the ornaments of the same : and all the monuments and writings of fained miracles , and for restraint of offering or setting up lights in any church , but only to the blessed sacrament of the altar , in which he was directed chiefly by archbishop cranmer : as also those for eating of white-meates in the time of lent , the abolishing the fast on st. marks day , and the ridiculous ( but superstitious ) sports , accustomably used on the dayes of saint clement , st. catherine and st. nicholas . all which and more was done in the said kings reigne without help of parliament . for which i shall refer you to the acts & mon. fol. . . . the like may also be affirmed of the injunctions published in the name of k. ed. . an. . and printed also then for the use of the subjects : and of the severall letters missive which went forth in his name , prohibiting the bearing of candles on candlemas day : of ashes in lent , and of palmes on palm-sunday : for the taking down of all the images throughout the kingdom : for administring the communion in both kinds , dated march . . for abrogating of private masses iun. . . for bringing in all missals , graduals , processionals , legends and ordinals , about the latter end of december of the same yeare : for taking down of altars and setting up tables instead thereof an. . and the like to these : all which particulars you have in foxes book of acts & mon. in king edwards life , which whether they were done of the kings meer motion , or by advice of his counsell , or by consultation with his bishops ( for there is little left upon record of the convocations of that time , more than the articles of the yeare ) certain i am that there was nothing done , nor yet pretended to be done in all these particulars , by the authority of parliament . thus also in q. elizabeths time , before the new bishops were well setled , and the queen assured of the affections of her clergy she went that way to work in the reformation , which not only her two predecessors , but all the godly kings and princes in the iewish state , and many of the christian emperours in the primitive times had done before her , in the well ordering of the church and people committed to their care and government by almighty god . and to that end she published her injunctions an. . a book of orders an. . another of advertisements an. . all tending unto reformation , unto the building up of the new ierusalem , with the advise no doubt of some godly prelates , as were then about her . but past all doubt , without the least concurrence of her court of parliament . but when the times were better setled , and the first difficulties of her reigne passed over , she left church-work to the disposing of church-men , who by their place and calling were most proper for it . and they being met in convocation , and thereto authorized as the lawe required , did make and publish severall books of canons , as viz. . an. . an. . which being confirmed by the queene under the broad seale of england , were in force of lawes to all intents and purposes , which they were first made ; but being confirmed without those formall words , her heires and successors , are not binding now , but expired together with the queene . no act of parliament required to confirm them then , nor never required ever since on the like occasion . a fuller evidence whereof we cannot have , then in the canons of the yeare . being the first yeare of king iames , made by the clergy only in the convocation , and confirmed only by the king . for , though the old canons were in force , which had been made before the submission of the clergy as before i shewed you , which served in all these wavering and unsetled times for the perpetuall standing rule of the churches government ; yet many new emergent cases did require new rules , and whilest there is a possibility of mali mores , there will be a necessity of bonae leges . now in the confirmation of these canons we shall find it thus , that the clergy being met in their convocation according to the tenour and effect of his majesties writ , his majesty was pleased by virtue of his prerogative royall and supreme authority in causes ecclesiasticall , to give and grant unto them by his letters patents dated apr. . & iun. . full , free , and lawfull liberty , licence , power , and authority , to confer , treate , debate , consider , consult , and agree upon such canons , orders , ordinances , and constitutions , as they should think necessary , fit , and convenient , for the honour and service of almighty god , the good and quiet of the church , and the better government thereof from time to time , &c. to be kept by all persons within this realm , as far as lawfully , being members of the church , it may concern them : which being agreed on by the clergy , and by them presented to the king , humbly requiring him to give his royall assent unto them , according to the statute made in the . of k. h. . and by his majesties prerogative and supreme authority in ecclesiasticall causes , to ratifie and confirm the same : his majesty was graciously pleased to confirm and ratifie them by his letters patents , for himselfe , his heires and lawfull successours ; straitly commanding and requiring all his loving subjects , diligently to observe , execute and keep the same in all points , wherein they doe or may concern all or any of them . no running to the parliament to confirm these canons , nor any question made till this present , by temperate and knowing men , that there wanted any act for their confirmation , which the lawe could give them . but against this , and all which hath been said before , it will be objected , that being the bishops of the church are fully and wholly parliamentarian , and have no more authority and jurisdiction , nisi a parliamentis derivatam , but that which is conferred upon them by the power of parliaments , as both sanders and schultingius doe expresly say ; whatsoever they shall doe or conclude upon , either in convocation , or in private conferences , may be called parliamentarian also . and this last calumny they build on the severall statutes . h. . c. . touching the manner of electing and consecrating archbishops and bishops . that of the . ed. . c. . appointing how they shall be chosen , and what seales they shall use . those of the & ed. . c. . and & ed. . for authorising of the book of ordination . but chiefly that of the eliz. c. . for making good all acts since eliz. in consecrating any archbishop or bishop within this realm . to give a generall answer to each severall cavill , you may please to know ; that the bishops , as they now stand in the church of england derive their calling together with their authority and power in spirituall matters , from no other hands , than those of christ and his apostles , their temporall honors and possessions , from the bounty and affection only of our kings and princes ; their ecclesiasticall jurisdiction in causes matrimoniall , testamentary and the like , for which no action lieth at the common-lawe , from continuall usage and prescription ; and owe no more unto the parliament than all sort of subjects doe besides , whose fortunes and estates have been occasionally and collaterally confirmed in parliament . and as for the particular statutes which are touched upon , that of the h. . doth only constitute and ordain a way by which they might be chose and consecrated , without recourse to rome for a confirmation , which formerly had put the prelates to great charge and trouble : but for the form and manner of their consecration , the statute leaves it to those rites and ceremonies wherewith before it was performed ; and therefore sanders doth not stick to affirm , that all the bishops which were made in king henries dayes were lawfully and canonically ordained and consecrated , the bishops of that time , not only being taken and acknowledged in queen maries dayes , for lawfull and canonicall bishops , but called on to assist at the consecration of such other bishops ( cardinall poole himselfe for one ) as were promoted in her reigne , whereof see mason's book de minist. ang. l. . c.. next for the statute ed. . cap. . besides that it is satisfied in part by the former answer as it relates to their canonicall consecrations , it was repealed in terminis in the first of q. maries reigne , and never stood in force nor practice to this day . that of the authorizing of the book of ordination in two severall parliaments of that king , the one a parte antè , and the other a parte pòst , as before i told you , might indeed seem somewhat to the purpose , if any thing were wanting in it which had been used in the formula's of the primitive times ; or if the book had been composed in parliament , or by parliament men , or otherwise received more authority from them , then that it might be lawfully used and exercised throughout the kingdom . but it is plain that none of these things were objected in queen maries dayes , when the papists stood most upon their points , the ordinall not being called in , because it had too much of the parliament , but because it had too little of the pope , and relished too strongly of the primitive piety . and for the statute of the of q. elizabeth , which is cheifly stood on , all that was done therein was no more than this , and on this occasion . a question had been made by captious and unquiet men , and amongst the rest by dr. bonner , sometimes bishop of london , whether the bishops of those times were lawfully ordained , or not ; the reason of the doubt being this ( which i mervaile mason did not see ) because the book of ordination which was annulled and abrogated in the first of q. mary , had not been yet restored , and revived by any legall act of q. elizabeths time : which cause being brought before the parliament in the . yeare of her reigne , the parliament took notice first , that their not restoring of that book to the former power in termes significant and expresse , was but casus omissus ; and then declare that by the statute & ed. . it had been added to the book of common prayer , and administration of the sacraments , as a member of it , at least as an appendant to it , and therefore by the statute eliz. c. . was restored againe together with the said book of common prayer , intentionally at the least , if not in terminis . but being the words in the said statute were not cleare enough to remove all doubts , they therefore did revive it now , and did accordingly enact , that whatsoever had been done by virtue of that ordination , should be good in lawe . this is the totall of the statute , and this shewes rather in my judgement , that the bishops of the queenes first times had too little of the parliament in them , then that they were conceived to have had too much . and so i come to your last objection which concernes the parliament , whose entertayning all occasions to manifest their power in ecclesiasticall matters , doth seem to you to make that groundles slander of the papists the more faire and plausible . 't is true indeed , that many members of both houses in these latter times , have been very ready to imbrace all businesses which are offered to them , cut of a probable hope of drawing the managery of all affaires as well ecclesiasticall as civill into their own hands : and some there are who being they cannot hope to have their fancies authorised in a regular way , doe put them upon such designes , as neither can consist with the nature of parliaments , nor the esteem and reputation of the church of christ . and this hath been a practice even as old as wicklef , who in the time of k. rich. . addressed his petition to the parliament ( as we reade in walsingham ) for the reformation of the clergy , the rooting out of many false and erroneous tenents , and for establishing of his own doctrines ( who though he had some wheat , had more tares by ods ) in the church of england , & lest he might be thought to have gone a way , as dangerous and unjustifiable , as it was strange and new , he laid it down for a position , that the parliament or temporall lords ( where by the way , this ascribes no authority or power at all to the house of commons ) might lawfully examine and reform the disorders and corruptions of the church , and on discovery of the errors and corruptions of it , devest her of all titles and temporall endowments , till she were reformed . but for all this , and ( more than this ) for all he was so strongly backed by the duke of lancaster , neither his petition nor his position found any welcome in the parliament , further than that it made them cast many a longing eye on the churches patrimony , or produced any other effect towards the worke of reformation , which he chiefly aymed at , then that it hath since served for a precedent to penry , pryn , and such like turbulent innovators to disturbe the church , and set on foot those dreames and dotages , which otherwise they durst not publish . and to say truth , as long as the clergy were in power , and had authority in convocation to doe what they would in matters which concern'd religion , those of the parliament conceived it neither safe nor fitting to intermeddle in such businesse as concern'd the clergy , for feare of being questioned for it at the churches barre . but when that power was lessen'd , if it were not lost , by the submission of the clergy to k. h. . and the act of the supremacy which ensued upon it ; then did the parliaments begin to intrench upon the church's rights , to offer at and enterteine such businesses , as formerly were held peculiar to the clergy only ; next , to dispute their charters , and reverse their priviledges , and finally to impose some hard lawes upon them : of which matt. parker thus complaines in the life of cranmer , qua ecclesiasticarum legum potestate abdicata , populus in parliamento coepit de rebus divinis inconsulto clero sancire , tum absentis cleri privilegia sensim detrahere , juraque duriora quibus clerus invitus teneretur , constituere . but these were only tentamenta , offers and undertakings only , and no more than so . neither the parliaments of k. edward , or q. elizabeths times knew what it was to make committees for religion , or thought it fit that vzzah should support the arke , though he saw it tottering . that was a worke belonging to the levites only , none of the other tribes were to meddle with it . but as the puritan faction grew more strong and active , so they applied themselves more openly to the houses of parliament , but specially to the house of commons , putting all power into their hands as well in ecclesiasticall and spirituall causes , as in matters temporall . this , amongst others , confidently affirmed by mr. prynne , in the epistle to his book called anti-arminianisme , where he averres , that all our bishops , our ministers , our sacraments , our consecration , our articles of religion , our homilies , common-prayer-book , yea and all the religion of our church , is no other way publiquely received , supported , or established amongst us , but by acts of parliament . and this not only since the time of the reformation , but that religion , and church affaires were determined , ratified , declared and ordered by act of parliament , and no wayes else , even then when popery and church-men had the greatest sway . which strange assertion falling from the pen of so great a scribe , was forthwith cheerfully received amongst our pharisees , who hoped to have the highest places , not only in the synagogue , but the court of sanhedrim , advancing the authority of parliaments to so high a pitch , that by degrees they fastned on them , both an infallibility of judgement , and an omnipotency of power . nor can it be denied ( to deale truly with you ) but that they met with many apt schollers in that house , who eyther out of a desire to bring all the grist to their own mill , or willing to enlarge the great power of parliaments by making new precedents for posteritie , or out of faction , or affection , or what else you please , began to put their rules in practise , and draw all matters whatsoever within the cognizance of that court ; in wch their embracements were at last so generall , and that humour in the house so prevalent , that one being once demanded what they did amongst them , returned this answer , that they were making a new creed : another being heard to say , that he could not be quiet in his conscience , till the holy text should be confirmed by an act of theirs , which passages if they be not true and reall ( as i have them from an honest hand ) i assure you they are bitter jests . but this , although indeed it be the sicknesse and disease of the present times , and little to the honour of the court of parliament , can be no prejudice at all to the cause of religion , or to the way and meanes of the reformation , amongst sober and discerning men : the doctrine of the church being setled , the liturgie published and confirmed , the canons authorized and executed , when no such humor was predominant , nor no such power pretended to , by both or eyther of the houses of the high court of parliament . thus , syr , according to my promise , and your expectation have i collected my remembrances , and represented them unto you in as good a fashion as my other troublesome affaires , and the distractions of the time would give me leave ; and therein made you see , if my judgement faile not , that the parliament hath done no more in matters wch concern'd religion , and the reformation of this church , then what hath formerly been done by the secular powers , in the best and happiest times of christianity ; and consequently ▪ that the clamour of the papists , which hath disturbed you , is both false and groundlesse . which if it may be serviceable to your selfe , or others , whom the like doubts and prejudices have possessed or scrupled , it is all i wish : my studies and endeavors ayming at no other end , then to doe all the service i can possibly to the church of god ; to whose graces and divine protection you are most heartily commended in our lord and saviour jesus christ . by sir your most affectionate freind to serve you . e. y. covent-garden iun. . . a letter to his excellency the lord general monck this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason . [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason . [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter to his excellency the lord general monck albemarle, george monck, duke of, - . sheet ([ ] p.) [s.n.], london : printed in the year. . [i.e. ] signed: your servant and honorer t.s. complaining of the proceedings of the rump. annotation on thomason copy: "feb. ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason . [ ]). civilwar no a letter to his excellency the lord general monck. albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to his excellency the lord general monck . my lord , amongst the throng of persons that crowd to tell their grievances , and to beg your relief , as an english-man i cannot be unconcern'd , nor you in justice refuse to hear me : i do not intend to trouble you with a long series of the unhappy war , your own experience in that is able to inform you ; but onely to give you some little accompt faithfully of what hath happen'd since lambert's last interrupting that which so daringly assumes the name of a parliament , with more impudence than justice , with more madness than merit : when lambert had by violence forc'd the members from sitting in the house , and as indiscreetly left them at liberty , you were then the onely person who might visibly restore them , then they look'd upon you as their redeemer , which you really were . having now once more by your favour gras'pd a power which they believ'd they should not out-live , to secure themselves as well from you as others , they commanded you up , and under a pretence of taking you into an administration of affairs with them , in stead of a general which you were in the north , and his excellency , they made you a single commissioner , the last of foure ; and lest that number , whereof three were a quorum , should not ballance you , they added another ; so that you must be over-awed in vote , and submit to those who never yet durst openly make you their enemy , and are unfit to be your friends . when they saw ( with eyes full of malice and jealousie ) how your whole march was but one entire triumph , and that all persons , of all conditions , ages , and sexes , met you , either to unbosome themselves and tell their miseries , and pray your help ; or , give you the acclamations due to a blood-less victory ; they now thought you too great and too good to live , and were preparing your herse and cypress , while you brought them the olive-branch of peace : first , to try you , they offered you an oath , which i think no sober conscientious person will take , it being in effect but to bind up the hand of providence , and to set ones face against that power , which ( for ought we know ) may intend us for our good , or punishment , what we so much fear ; and to either we ought quietly to submit . this not taking , they endevoured , first to render you odious , that they might more easily destroy you , and send you unpityed to your grave and scorn'd , robbing you first of that which should have sweetly preserv'd your name to posterity , your honour : to effect this , they commanded you to go with your army into the city , and there to imprison their members , break down their gates , port-cullises , chains and posts , and whatsoever look'd like a fence for that freedome hath so long been theirs ; what an angry and sad face you saw the city wear for that action , you know : nor would their malice to your fame have ended here , for you were to assist at the horrid murthering of some citizens and common-council men , whom they intended to hang at their own dores , in terror to the rest ; when this was done , you were to disarm them , and to level their walls to the ground , and to have found in their ruines your own : for , when by these accursed actions they had fix'd an odium upon you , then were you to fall a sacrifice to their ambition , whom nothing can satisfie but the tyranny over three nations at once , and from a deliverer become a victim : your prudence wisely foresaw this , and finding how odious they endevoured to make you , and how closely they had contriv'd your ruine , you put a stop to their horrid designes , and by countenancing the city in their equitable desires , have rais'd in all such an admiration , and for your self so great a stock of glory , as you cannot , but by some strange act of indiscretion , forfeit or lose ; you cannot but take notice to what a strange height of joy that good action rais'd every sober person , and if you wanted inclinations in your own soul to do us good , you might be lighted to them by those fires which were kindled for your triumph that night , and would ( had you gone on ) in all probability , have prov'd your funeral pile , few days after . you have fairly began our deliverance , leave it not here , for your safety and our good are so link'd together and alli'd , that neither can fall singly : you have by an act of honour and justice exasperated a party against you , whose principles are damnable , whose spirits are implacable ; by the one they pretend and believe , by a strange kind of saintship , a title to all our lives and fortunes , and that they were by grace born our heirs ; by the other they have in them so great a thirst after revenge , like italians , they kill with a smile ; and however they may for safety seem friends , are never to be atton'd ; how hardly they forget and pardon injuries , the late northern expedition will manifest ; for when the officers of lambert's army by an early defection and submission thought to preserve their places , though the first did their business without a blow strook , yet not one of forty was continued in his command ; and if they urge their mercy to lambert , 't is not their clemency but necessity , hoping by his interest among the fanatiques , to ballance , or countermand and check your power : nor is there any thing so sacred that can bind them , they having violated all covenants and oaths , and it is to be beleiv'd , press others to do the like , that they may make others as hateful and abominable as themselves ; in this imitating their master the devil , who is watchful and industrious for our damnation , for envy and company : besides , my lord , you have provok'd them , by fixing upon them a character in your speech , which the whole body of our language cannot equal , and they can never forgive or forget , for it will live as long as the name of rump , that spawn'd them . having thus deservedly made them your enemies , it is too late to make them your friends , nor can they expect it ; and unless you will be so imprudent as to cast off the love and protection of all sober persons , and betake your self to a villanous , accursed , hated , deformed monster of confusion , which your self have condemned and branded with an eternal mark of infamy , you cannot own or act with them , or for them : you gave them a fair time to perform your just desires , which they have slighted , and forfeited your protection ; if you stand by them any longer , you put your hand to your owne destruction , to farther it ; and your delay , which is all they ask , is but the basis of your ruine ; you may see by their favourable censure of lambert what they intend ; and you know who were last week in consultation , and what party he was to head : your ignorance cannot , your courage will not , let not your irresolution destroy you and the three nations ; on you depends their hopes , frustrate them not , lest you fall with them , and suffer not this insulting dragons taile of tyranny to oppress us longer ; you have a glorious opportunity put by providence into your hands to make your self great and safe , beloved of good men , and terrible to the bad , lose it not by delaying ; that ( when your name is read in the number of those deliverers whom fame and truth have faithfully committed to posterity ) you may be remembred with joy and honour in after generations : but , if on the contrary , your patient but dangerous expecting from these tyrants a settlement , make you lose the glory of so brave an action , you will assuredly fall with our hopes , unpityed , accursed , and with your own , conclude the three nations tragoedy . your servant and honorer t. s. london , printed in the year . . a trve relation of that memorable parliament which wrought wonders begun at westminster, in the tenth yeare of the reigne of k. richard the second : whereunto is added an abstract of those memorable matters, before and since the said kings reigne, done by parliament : together with a character of the said amiable, but unhappy king, and a briefe story of his life and lamentable death. historia sive narracio de modo et forma mirabilis parliamenti apud westmonasterium anno domini millesimo ccclxxxvi. english fannant, thomas. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a trve relation of that memorable parliament which wrought wonders begun at westminster, in the tenth yeare of the reigne of k. richard the second : whereunto is added an abstract of those memorable matters, before and since the said kings reigne, done by parliament : together with a character of the said amiable, but unhappy king, and a briefe story of his life and lamentable death. historia sive narracio de modo et forma mirabilis parliamenti apud westmonasterium anno domini millesimo ccclxxxvi. english fannant, thomas. [ ], , - p. s.n.], [s.l. : . attributed to thomas favent. cf. blc. pages - contain a rough translation of a work written in latin about . first published, without p. - , earlier in the year, with title: an historicall narration of the manner and forme of that memorable parliament ... reproduction of original in thomason collection, british library. eng england and wales. -- parliament. a r (wing f ). civilwar no a true relation of that memorable parliament, which wrought wonders. begun at westminster, in the tenth yeare of the reigne of k. richard th fannant, thomas c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion richardus ii angliae et franciae rex , dominus hiberniae , etc. the true pourtraieture of richard the . king of england , and france , lord of ireland ▪ and prince of chester he raigned yeres , was deposed and murther'd at pomfraict cast : at the age of yeares . buried first at langley ▪ and yeares after by k henry the ●th 〈◊〉 to westminster , and their was honourably interred . a trve relation of that memorable parliament , which wrought wonders . begun at westminster , in the tenth yeare of the reigne of k. richard the second . whereunto is added an abstract of those memorable matters , before and since the said kings reigne , done by parliaments . together with a character of the said amiable , but unhappy king , and a briefe story of his life and lamentable death . printed in the yeare , . an histoircal narration of that memorable parliament , begun at westminster , , in the tenth year of the reigne of king richard the second . this present occasion so opportunely be fitting me , i am resolved to treat of that which hath beene omitted , and slipped out of memory long since , concerning divers and sundry changes and alterations in england , in former times : nor will it be any way burthensome to write of that , whereby every good and carefull reader may learne to avoid diversities of miseries , and the danger and feare of cruell death . i will therefore speake of that which hath laine hid in the darksome shade of forgetfulnesse , concerning men who have been led away by the deceitfull path of covetousnesse , and have come to a most shamefull and ignominious death : a famous example , to deter all men from practising those or the like courses . about the yeere of christ , , at such time as richard , the second of that name , then in prime of his youth , swayed the imperiall scepter of our realme , there flourished famous in his court certain peeres , though some of them not of any honourable descent , yet favoured by fortune ; by name , alexander nevill , archbishop of yorke ; robert vere , d. of ireland ; michael de la pool , earle of suffolk , then lord chancelor ; robert tresilian , lord chiefe justice of england ; and nicholas brambre , sometimes major of london . these men being raised from meane estates by the speciall favour of the king , and advanced to the degree of privie counsellors , were the men who had the onely rule of the common-wealth which they , under the king , governed for some small space with careful diligence , meriting thereby deserved commendations . but not long did they thus steere the ship of the kingdome ; for many of them being of inferiour ranke by birth , not having their veines dignified with the streams of noble blood , they were the sooner enticed with the libidinous baits of voluptuousnesse , and infected with insatiable itch of avarice : insomuch , that despising the authority of the king , and neglecting the commoditie of the realme , but onely desiring to keepe up the revenues of the kingdome , so wrought , that by their policie the king is impoverished , the treasure exhausted ; the commons murmure at the multiplicity of tenths , levies , and subsidies ; the peeres repine to see themselves disgraced , and their inferiors honoured ; and in a word , the whole kingdome endures an universall miserie . the nobility seeing the miserable estate wherein the kingdome lay , bleeding as it were to death , urged their king to summon a parliament ; which was done shortly after . in which amongst many other acts , the afore-named michaell de la poole is dismist of his chancelourship ; and being accused of divers and many points of injustice , as briberie , extortion and the like , he was sone after cast into the castle of windsor , and all his lands , which were of no small revenue , were confiscated to the king . neither did the parliament here give over , but provided further for the whole state ; by the mutuall consent of the king and prelates , barons , and commons , with an unanimous conjunction , they constitute and give plenarie and absolute power to certain commissioners , as well of the spiritualty as of the temporalty ; for the ordering and disposing of the publique affaires , according as shall seeme best and most necessary for the desperate estate of the commonwealth to depresse civill dissentions , and to pacifie and appease the grudgings of the people . of the spiritualty , were chosen the arch bishop of canterbury , the afore-named bishop of yorke , the bishop of ely , lately made chancelor of england , the bishop of winchester , bishop of hereford , lord treasurer ; bishop of exeter , abbot of waleham , and the lord john of waltham . of the layty were elected the duke of yorke , the earle of arundel , the lord coltham , the lord scroope , and john devoureux knight : these , as men eminent in vertue , were chosen by the generall suffrage , and sworne to carry themselves as dutifull and obedient subjects in all their actions . and it was further enacted , that if any should refuse or disobey the ordinances so made for publique good , the punishment of his first offence , should be the confiscation of his goods ; and for the second , the losse of life . thus disposing all things for the best , the parliament being dissolved , every man returned to his own house . soone after , the afore-named chancelor , with others of their confederates , being moved with implacable fury against the statute of the late parliament , they buzzed into the kings eares , that the statutes lately enacted , were very prejudiciall to the honour of his crowne , and much derogatory to his princely prerogative : insomuch , that he should not have power , without the consent of the new appointed commissioners , to doe any thing befitting a king , no , not so much as to bestow a largesse ; a principal means to gain the peoples love upon any , though never so well deserving . by these and other the like impious instigations , with which the devil ( as never unmindfull of the end of those , who by their lives doe prove themselves ) did continually supply them , they practised to annihilate and disanull these acts of the parliament , which seemed any wayes to abbreviate or curbe their usurped authority . and first , by their serpentine tongues , ambitious projects , flattery painted out with glosing discourses , and covered over with the shadow of vigilancie for the good of the kingdome , they so bewitched the noble inclination of the youthfull king , whom they induced to beleeve , that all the ill they did was a generall good ; that hee began to distaste , and at last to abhorre the last passed acts , as treacherous plots and most wicked devices . next , they studied how to ingrosse all or the most part of the wealth and riches of the kingdome into their owne coffers ; and to the same end , dealt so cunningly , yet pleasingly , with the king , that hee gave to the d. of ireland , john of bloys , the heire of the duchie of britaine , and his ransome ; to others , townes ; to others , cities ; to others , lands ; to others , mony , amounting to the summe of marks , to the great impoverishment both of king and kingdome : neither did these king-eaters and realme-devourers any thing regard it , but setting unskilfull and insufficient captaines and governours over townes and forts so obtained , gave occasion to the enemies of the crowne to surprize them , and dispossesse the king of them . thirdly , vilifying the dignity of the king , contrary to their allegeance , they drew the king to sweare , that with all his power , during his life , he should maintaine and defend them from all their enemies , whether foraine or domestick . fourthly , whereas it was enacted by the last parliament , that the king at certaine seasonable times , and when his leysure would permit him , should sit at westminster , with his councell there , to consult of the publique affaires ; through the perswasions of the aforesaid conspirators , hee was drawne into the most remotest parts of the realme , to the great disparagement of the fidelity of those honourable , grave , and faithfull peeres , late made joynt commissioners , in whose hands the whole safety and prosperity of the common-wealth did reside . and when as the lord chancellor , the lord treasurer , keeper of the privie seale , or any other of the privie councell , came to relate any of their owne actions , or the state of the realme , they could not be granted accesse , unlesse they related the businesse in the presence and hearing of the conspirators , who were alwayes ready to upbraid them if they uttered any thing that displeased them , and to commend them for any thing ( though most nefarious ) that did content them , for thus could they the sooner learne and dive into the acts of the commissioners , and the better finde evasions for their accusations : furthermore , when as the king in company of the conspirators went in progresse towards the parts of cheshire , wales , and lancashire , they made proclamation in the kings name throughout the shires as they journyed , that all barons , knights , esquires , with the greatest part of the commonalty able to beare armes , should speedily repaire to the king for his defence against the power of the commissioners , chiefly of the duke of gloucester , and the earle of arundell , because they above the rest , did with their chiefest endevours , study to suppresse and quell the devices of the conspirators . fifthly , contrary to the aforesaid acts , they caused the d. of ireland to bee created chiefe justice of chester , thereby selling justice as they listed , condemning the guiltlesse , and remitting the guilty , never respecting or looking unto the equall ballance of justice , but poyzing downe the scales with heaps of bribery . sixthly , by the procurement of the confederates , they caused certaine honest persons , who would not consent to their extortions , to be called and summoned to their court , and there to answer to certaine false accusations , wherewith they were unjustly charged by perjured hirelings ; of which men so accused , some were put to death , some cast into prison , all were vexed and troubled with delayes , length of their iourney to and fro , and excessive charges ; neither were they eased of any of these burthens , unlesse they would part with round summes of money to the d. and his complices . seventhly , they gave pardons under the broad scale , to felons , murtherers , and such like , only with this condition , that they should murther any whomsoever they thought did mislike their exaction . eightly , they taught the country of ireland to looke to its pristine estate , i meane , of having a king ; for they plotted to have the duke created king of ireland : and for the confirmation of which their designed , they allured the king to send his letters to the pope . ninthly , the aforesaid nicholas brambre , in the time of his maioraltie , caused two and twenty to be falsly accused of felonies , and layd into newgate , under pretext and colour of divers crimes , and in the silent and dead time of the night to be fast bound , and by a strong hand to be carried into kent , to a place commonly called fawlocks , and then to have their heads struck off , except one , who being favoured by the murtherers , safely escaped ; the bloud of the rest dyed the streames of a small rivelet adjoyning . tenthly , soone after , to adde one mischiefe to another , they sent letters under the kings signet , to the maior of london , by john rippon clerke , with a certaine libell or schedule inclosed in the said letters , the tenor of which is as followeth . that the afore-named three cōmissioners , viz. the duke of gloucester , the earles of arundel and warwick , and other of the councell , were to be arrested , indicted , condemned , & put to lamentable death , as being such as had conspired against the king , against his prerogative , and against his crowne and imperiall dignity ; and to this , they did in a manner constrain the king to assent unto . upon receit of these letters , the major and aldermen of the city of london , called a common councell , wherein they consulted what course were best to be taken in this matter ; and after long debate pro & con , it was on all sides agreed , to deny and not to suffer that cruell and unheard of tragicall complot to be executed . it ever happeneth one wicked act drawes on a second , and that second a third , and so forwards , till the weight cracks the supporter . therefore the said conspiratours being blinded with rashnesse , principally sent letters by john godfrey knight to the king of france , the kings adversary , to conclude a five yeares truce , should come over to callis , and from thence should send for the duke of gloucester , the earles of arundel and warwick , and for some other of the commissioners , as though the king were unwilling to determine of any thing without their advice ; and being thus circumvented , should be condemned as traitors , and so put to an ignominious and cruell death . and for the doing and performing of these things , the king of france was to recover all the castles , townes , and lands lying in these countreys , and belonging to the king of england : to prove these things to be true , there were certaine writings produced by the commissioners , wherein were contained letters from the king of france to the king of england , and from the conspirators in the king of englands name , to the king of france . moreover , there were other letters intercepted directed to the said king of france ; the substance whereof , was to incite the king of france to levie a puissant power both horse and foot , and to draw them down to bulloigne , and thence to transport them into england , against the duke of gloucester , the earls of arundel and warwick , and the rest of the commissioners , and all those that did either countenance or favour the said statute and commissioners ; which as they falsly alleaged , was made in derogation of the kings prerogative , and the aforesaid commissioners to vanquish , oppresse , and put to death , and consequently , the whole nation and language utterly to ruine . not here concluding their devillish conspiracy , the five aforesaid conspiratours departed from westminster to the castle of nottingham , and sent a writ for robert beale , lord chiefe justice of the common pleas , john holt , roger fulthorp , and william burleigh , judges of the said court , and for john locton , the kings sergeant at law : who being come into the councel chamber , not knowing what they were sent for , the aforesaid conspirators caused the gates and doores of the castle to be shut , and then propounded these questions following unto them . first whether those statutes , ordinances , and commission made in the late parliament at westminster , were derogatory to the kings dignity and kingly prerogative ; and because they were to be punished who did procure those constitutions , and did incite and move the king to consent unto them , & did as much as in them lay to hinder the king from exercising his royall prerogative . to these and other the like questions , with a joynt consent they answered , that they were to suffer death as traitors , or else to endure some capitall punishment : in witnesse of which assertion , being terrified with the fear of present death , the aforesaid judges , together with john carey , lord chief baron of the exchequer , they signed and sealed a certain writing , in manner of a protestation , in presence of these witnesses , alex. nevill , archbishop of yorke , archbishop bangor , robert duke of ireland , michael earle of suffolk , john rippon clerk , and john blake fruiterer ; dated the of september , anno dom. , in the yeere of the reigne of k. richard the second . then were they compelled to sweare , that they should keepe the passages undiscovered , upon pain of death ; and so they had licence to depart . and when they had plotted those and many other devillish conspiracies , they bound themselves by an oath , to try all wayes and use all means , as far forth as lay in their power , to disanull and utterly abrogate the acts and statutes of the last parliament . and that which is worse , they caused the king to sweare , that in his proper person with his whole power he should take revenge of the duke of gloucester , of the two earles and their adherents , by causing them to be put to death . the carriage of all which actions may more easily be known , if the time and the order of them be duly considered . but our mercifull and ever-gracious god , although there were so many plots , so many conspiracies , so many treasons wrought against our state , whereby many miseries did accrue to our kingdome ; yet unwilling to take revenge , or to punish us for our sinnes , but rather according to his gracious pitie , to ease us of our burthenous calamitie ; inspired into the hearts of the aforesaid duke of gloucester , the earles of arundel and warwick , the spirit of valour and magnanimitie : who seeing the heap of ils that daily did arise by the practices of those conspirators ; they set almost in every part of the kingdome intelligencers , who should apprehend all messengers , and intercept all letters of the kings , or that went under the kings name , and should send them to the commissioners . and thus did they come to have intelligence of the whole plot of the conspirators ; all their letters being indorsed with glory be to god on high , on earth peace , and good will towards men : and by comming to the knowledge of each circumstance , they found , that the kingdome was at the point of destruction ; according to that evangelicall saying , every kingdome divided against it selfe , shall be dissolved : wherefore they sought for a remedy ; for by the law of nature , it is tolerable to repell violence by violence : sithence it is better to prevent them to apply a remedy to a wound , every man according to his ability levied a power for the preservation of the king and kingdome ; all which forces being united , amounting to the number of fighting men , and couragiously resolving to frustrate all the intended designes of the conspirators , & to open the nut by cracking the shell ; they divided their army , committing part of it to the earle of arundel : who by night marched away with his forces , and pitched his tents neere to london , there fortifying himself in the forrest adjoyning , untill such time as hee had gained more convenient time and greater force , by the comming of his consorts : and in the meane time he used such discipline in his campe , that he lacked nothing , but all things were there sold at reasonable rates , as it had beene at a market ; and hardly could he contain the common people for joyning with him , for the overthrow of the conspirators and their adherents . on the other side , the conspirators intending to prevent their purposes , by power of a certaine spirituall commission , and by vertue of certaine letters patents in the hands of the conspirators , though nothing to the purpose ; yet to blind the people , they caused to be proclaimed throughout the whole citie of london , that none upon paine of the forfeiture of all their goods , should neither sell , give , or communicate privately or publiquely victuall , armour , or any other necessaries to the army of the earle of arundel , but should debarre them of sustentation , comfort , or help , as rebels to the king and country . but on the other side , they began to feare when they were denied their hoped for aid by the major and commonalty of the citie of london ; and againe , they were troubled at the rising of the commoners , to invade them . wherefore they counselled the king to absent himselfe from the parliament ( which was to begin at candlemas next , according as the king and commissioners had appointed it ) and not consult of the affairs of the kingdom , nor of his own estate , commodity or discommodity , unlesse the duke of gloucester , the two earles of arundel and warwick , with the rest of the commissioners , would sweare , that neither they , nor any in their name , should accuse them or urge any accusation against them . and they caused it to be proclaimed through the city of london , that none under pain of confiscation of all their goods , should speake any upbraiding speeches concerning the king or the conspiratours ; which was a thing impossible to hinder . not long after it hapned , that the king , with the aforesaid five conspiratours , came from his mannor of sheeve to westminster , to saint edmonds tombe , for the solemnizing of a pilgrimage . the maior and aldermen of the citie of london met him on horsebacke sumptuously attyred , honouring him very much . and when they came to the mews , they descended from their horses , and went bare-foot to the tombe of saint edmond ; whereas the chaplain of the commissioners , with the abbot and covent , met them with a stately procession . in the meane time the three noblemen , viz. the duke of gloucester , and the earles of arundel and warwick having mustered their troups on the foureteenth of november , in the same yeare , at waltham crosse , in the county of hertford , and from thence sent for the commissioners that were there at westminster in parliament with the king , sending an accusation in writing to the king against the aforesaid conspirators , viz. the archbishop of yorke , duke of ireland , earle of suffolke , robert tresilian , and nicholas brembre ; wherein they accused them of high treason : which their appellation they did offer to maintaine , and that they were willing to prosecute the same ; and to prove it to be true , they caused also the rest of the commissioners to subscribe , as parties to their appellation . when these things came to the eares of the king , he sent unto them , requiring to know what their request was , and what they wished to have beene done : they returned answer thus ; that they did desire , that the traytors which were alwayes about him , filling his eares with false reports , and did dayly commit insufferable crimes and injuries , might be rewarded with condigne punishment ; for it were better that some few should dye for the people , then the whole nation should perish . and they likewise craved , that they might have safe liberty of going and comming to his grace . when the king heard their request , hee gave them his royall consent , and commanded them to appeare at westminster ; and the king sitting on his throne in the great hall , the three aforesaid peeres appellants , with a gallant troup of gentlemen entred , and making three lowly obeysances on their bended knees , they reverenced the king : and drawing neere ( the cause of their comming being alledged ) they there againe appealed the archbishop , duke of ireland , earle treasurer , and brambre of high treason , according as they had done before at waltham crosse ; but they betaked themselves to the private corners of the palace , even as adam and eve from the presence of god , not having the heart to appeare , to justifie themselves . the king called forth the appellants , to prove and prosecute the appellation , prescribing them a day and place for the tryall , which was to be on the morrow after candlemas day ; and in the meane time , the king commanded them upon their honours , not any party to molest the other , untill the next parliament . those things thus passed , were publiquely proclaimed throughout all england , and they departed joyfully . the duke of ireland , under the guide of his grand captain the devil , marching into cheshire , lancashire , and wales , raised a new power , amounting to the number of fighting men , in the kings name , to overthrow and confound the appellants ; from thence marched towards london with his armie , with a furious intent and resolution to performe his bloudy designe . but god beholding their foolish hearts , filled them with vain hopes , that they should accōplish their enterprises . and whilest these plots were laid , the appellants being suddenly advertised thereof , raised a power , and joyning with them the earle of derby , and the earle of nottingham , and other commissioners , marched with long and wearied marches into a field neere a village called whitney , at a place called locford bridge : in which field the duke of ireland was with the army , having a river on the one side of them , whereas they stood ready prepared to give an overthrow to the appellants , and displaying the kings standard , contrary to the laws of the land : but although they were so valiant at the beginning , yet were they discouraged at the end ; for when they saw the army of the appellants march downe from the mountaines like a hive of bees , and with such a violent fury , feare benummed them , and they were so amazed , that when they should give the assault ( god not suffering the effusion of bloud ) they stood like a hive of bees , or a flock of cattell without a head , making no shew or countenance of resisting ; but without any stroke given , they flung downe their armes , and yielded themselves to the mercy of the appellants ; and a few being slaine , and some drowned in the river , gave an easie victory to the conquerors . the duke of ireland himselfe putting spurres to his horse , tooke the river , and hardly escaped ; and though he was pursued , yet hee escaped through the middest of the troupes . and thus by the mercy of god they obtained the glorious palme of victory from the hand of heaven . when the news of the victory was blowne to the eares of the rest of the conspirators , who went then stricken with feare , and carefull for their preservation , under covert of the night they fled by water to the tower , drawing the king along with them . on the other side , nicholas brambre with a bold and resolute courage , in the kings name caused all the gates of the city to be shut against the appellants , and to be guarded with an able and sufficient watch : but these worthy and dauntlesse members of the common-wealth marched towards london , to conferre with the king ; but when they heard that the said nicholas brambre had caused the gates of the city to be shut against them , and to be strongly guarded , and that the whole city did purpose to keepe them out , they stayed their resolution . on the day of september , in the same yeare , with a melodious sound of divers kinds of instruments , as well of warre as of peace , they encamped themselves in clarkenwell , within the liberties of the citie of london ; not purposing on the one side , rashly or unadvisedly to enter the city , nor on the other side , to make any shew of feare ; but with a stayed minde ( as befitting wise men ) with good deliberation to conclude every thing in its due time . and when as the major , with the citizens , came unto them with pleasing words , promising unto them all that the city could afford , with reason and equity ; the duke of gloucester said , now i know , that lyers speakes nothing but lyes , neither can any man hinder them from the relating : where upon , by a joint consent , in the evening they removed their tents , and pitched them before divers gates of the city . on the morrow there hapned an enterview betweene the king and the appellants , so farre , that they opened their minds one to the other : but because the king loathed to speak with them , with such a rabble of men , and in regard of an intolerable boldnes , and some quarrell , which was like to arise ; and on the otherside , refusing to goe out of the tower to speake with them , and the apellants fearing some violence or wrong to bee offered to them , would not speake with the king without a strong guard of valiant warriours : therefore the most wise of the appellants , after divers disputations had resolved to goe and conferre with the king : but first they sent a strong troupe well armed , to search all the corners and caves of the tower ? and relation being made of the safety of the place , with a selected band of valiant cavaliers they entred the tower , and seising the gates , and placing a guard appeared before the king ; and there the third time appealed the aforesaid conspirators , in the same sort and forme as before : which appellation being ended , the king swore , that he would adhere to their connsell , as a good king and a just judg so farre as the rule of law , reason and equity did require . these things being accomplished , they departed from the tower to their tenements and lodgings : and then it was published and made known in the presence of the king , and throughout the dominions , that on the morrow after candlemas day the aforesaid conspirators should personally appeare , to answer to the appellation , whereby they were charged of so many treasons . and because the harvest was now ripe , & time convenient to cut up those pestiferous cockles and thistles , by the assent of the king , & consent of the said commissioners and appellants , they expulsed divers of the officers of the houshold ; viz. in the place of john beauchamp , steward of the houshold , they appointed john devourex , knight , one of the commissioners ; peter couriney , knight , was made chamberlaine , in the stead of robert duke of ireland . and the aforesaid john de beauchamp , simon de burleigh , vice-chamberlaine , john salisbury , thomas trynett , james barats , william ellingham , and nicholas nagworth , knights ; and officers of the clergie , ( viz. ) richard metford secretary , john blake deane of the chappell , john lincolne chancelour of the exchequer , and john clifford clerke of the chappell were kept under arrest too , and were as partakers in the aforesaid treason ; for that they knowing and having intelligence of the said conspiracie , they did not discover them . others also as servants of the aforesaid conspirators , and drawn in by craft , yet guiltless , were dismissed and sent away as men unprofitable , and good for no use . and thus this hideous brood of monsters , so often shaken , was quite overthrown . and on the vigil of the purification of saint mary , in the privie chamber at westminster , by joynt consent of all the cōmissioners , the aforesaid john 〈◊〉 john holt , roger fulthorp , william burleigh , john locton , and john carey were displaced from their offices , and without any further adoe arrested of treason , and by the command of the chancelor were clapt into the tower ; and roger carleton in the place of belknap , walter clapton in the place of tressilian , were constituted : and so for that time they departed , and went to dinner . and because shrovetide was thought a fit time to punish the delinquents , according to their deserts ; therefore the great parliament began the second of february following , in this manner . all the peeres , as well of the spiritualty as of the temporalty , being assembled in the great hall at westminster , the king soone after came and sate down in his throne ; and after him appeared the five noblemen appellants , ( the fame of whose admired worth ecchoed through all the land ) entred the house in their costly robes , leading one another hand in hand , with an innumerable company following them ; and beholding where the king sate , all at once , with submissive gestures , they reverenced the king . the hall was so full of spectators , that the very roofes were filled with them : and yet amongst this infinite multitude of the people , there could not be found any of the conspirators , or of their complices ; but brambre was taken a little before , and cast into the gaole of gloucester . the clergie then placing themselves on the right hand , and the nobility on the left hand of the king , according to the ancient custome of the high court of parliament ; the lord chancelor standing with his back towards the king , by the kings command declared the cause of their summons to the parliament : which being ended , the five foresaid appellants arising , declared their appellation by the mouth of robert pleasington their speaker , who thus spake : behold , the duke of gloucester comes to purge himselfe of treasons which are laid to his charge by the conspirators . to whom the lord chancelor , by the command of the king answered : my lord duke , the king conceiveth so honourably of you , that hee cannot be induced to beleeve , that you , who are of affinity to him in a collaterall line , should attempt any treason against his sacred majestie . the duke , with his foure companions , upon their knees humbly gave thanks to the king , for his gracious opinion of their fidelity . then after silence proclaymed , they arose , and delivered in certaine articles in writing , wherein were contained the particularity of the treason . which said articles were read by godfrey martin ▪ the clerk of the crowne , standing in the midst of the parliament house , by the space of two houres , with an audible voice . at the reading of which , there was a wonderfull alteration in the house : for , whereas before the people were glad of the discovery of the treason ; at the rehearsall of it , their hearts were so overcome with griefe , that they could not refrain from teares . when the articles were read , the appellants requested the king , that sentence of condemnation might be given against the conspirators , and they to receive the guerdon of their deserts ; which the king promised to grant . this was the first dayes worke . the second was ended with variation of divers consultations which i will not relate in particular , but treat of the whole parliament in generall . and when the third day came of their proceedings against the conspirators , the lord chancelor in the name of the clergie , in open parliament made an oration , shewing that they could not by any meanes by present at the proceeding , whereas there is any censure of death to be passed . for the confirmation whereof , they delivered in a protestation ; which being read , they spake , that neither in respect of any favour , nor for feare of any mans hate , nor in hope of any reward , they did desire to absent themselves , but onely , that they were bound by the canon , not to be present at any mans arraignment or condemnation . they likewise sent their protestation to the chappell of the abbey , where the commons sate ; which was allowed of . and then , when the appellants called for justice against the conspirators , the lords of the spiritualty arose , and went into the kings chamber neere adjoyning . but the king being moved in conscience , and in charitie , perceiving that in every worke they are to remember the end ; and being willing ( contrary to the rigour of the law ) to favour rather these that were guilty then the actours in that treason ; if they were able to alledge any thing in their defence , caused the processe to cease : but the peeres ( being earnest ) requested , that no businesse past , present , or to come , might be debated , untill this treason were adjudged ; to which petition , the king graciously granted his assent . on the day of february , when nothing could be alledged , nor no witnesse produced , in justification of the conspiratours , but that the definitive sentence of condemnation must be pronounced against them ; the aforesaid john devoreux , marshall of the court , and for that time the kings lievtenant , adjudged them this heavy doome ; that the said archbishop of yorke , duke of ireland , earle of suffolke , tressilian , and brambre , should be drawn from the tower to tyburne , and there to be hanged upon a gibbet untill they were dead , and all their lands and goods to be confiscated , that none of their posterity might be by them any way enriched . on the day of february , which was the first day of shrovetide , nicholas brambre appeared in parliament ; and being charged with the aforesaid articles of treason , hee craved favour to advise of counsell learned , and some longer time for his more full answer to his accusation ; but yet hee desired a thing neither usuall , nor allowable by the law , and required a thing which the rigour of the law , in case of that nature , would not afford . but the judges charged him to answer severally to every point in the articles contained : whereunto brambre answered , whosoever hath branded me with this ignominious mark , with him i am ready to fight in the lists , to maintaine my innocencie , whensoever the king shall appoint . and this he spake with such a fury , that his eyes sparkled with rage , and he breathed as if an aetna had lay hid in his brest ; chusing rather to die gloriously in the field , then disgracefully on a gibbet . the appellants hearing this couragious challenge , with resolute countenance answered , that they would willingly accept of the combat , and thereupon flung downe their gages before the king ; and on a suddaine the whole company of lords , knights , esquires , and commons flung down their gages so thick , that they seemed like snow in a winters day , crying out , wee also will accept of the combat , and will prove these articles to be true to thy head , most damnable traytor , and so they departed for that day . and although the appellants were not idle in the night , yet on the next day , to aggravate their appellation against the conspirators , there came divers companies of the citie of london , complaining of the manifold injuries they had suffered by brembre , and other extortioners and exactions wherewith they had been dayly charged ; and yet they protested , that they did not accuse him either for hate to his person , or for love , feare , or hope of reward from his enemies , but onely they charged him with the truth . but before they proceed with his tryall , they were stayed by most unfortunate tressilian , who being got upon the top of an house adjoyning to the palace , and had descended into a gutter onely to looke about him , he was discovered by certaine of the peeres , who presently sent some of the guard to apprehend him , who entring into the house where hee was , and having spent long time in vaine in looking for him , at length one of the guard stept to the master of the house , and taking him by the shoulder with his dagger drawne , thus said , shew us where thou hast hid tressilian , or else resolve thy dayes are accomplished ; the master trembled , ready to yeeld up the ghost , for feare answered , yonder is the place where he lyes , and shewes him a round table covered with branches of bay , under which tressilian lay close covered ; when they had found him they drew him out by the heeles , wondring to see him , as vipers use , to weare his head and beard o'r-growne , with old clowted shooes , and patched hose , more like a miserable poore begger , then a judge . when this came to the eares of the peeres , the five appellants suddenly arose up , and without expressing any reason , departed out of the parliament house , which bred great alteration in the house , insomuch that many followed them , and when they come to the gate of the hall , they met the guard leading of tressilian bound , crying , as they came , we have him , we have him . tressilian being come into the hall , was asked what he could say for himselfe , why judgement should not passe upon him for his treason so often committed , hee became as one that had beene struck dumb , and his heart was as it were hardned to the very last , and would not confesse himselfe guilty of any thing : and for this cause the parliament arose , deferring brembres triall till the next day . but tressilian was without delay led to the tower , that he might suffer the execution of the sentence passed against him , his wife and his children did with maine teares accompany him to the tower , but his wife was so overcome with dolour and griefe , that she fell down in a swound as if she had beene dead . immediatly tressilian is upon a hurdle , and drawne thorow the streets of the citie , with a wonderfull concourse of people following him , at every furlongs end he was suffered to stand still to rest himselfe , and to see if hee would confesse and report himselfe of any thing , but what he said to the fryer his confessor is not knowne , neither am i able to search it out ; when hee came to the place of execution hee would not climb the ladder , untill such time as being soundly beaten with bats and staves he was forced to goe up , and when he was up , hee said , so long as i doe weare any thing upon me i shall not dye , wherefore the executioner stripped him , and found certaine images painted like to the signes of heaven , and the head of a devill painted , and the names of many of the devills wrote in parchment ; the exorcising toyes being taken away , hee was hanged up naked , and because the spectators should be certainly assured that he was dead , they cut his throat , and because the night approached , they let him hang untill the next morning , and then his wife having obtained a licence of the king , tooke downe his body , and carried it to the grey-fryers , where it was buried . on the morrow sentence was likewise pronounced against brembre , who being drawne upon a hurdle from the tower to tyborne thorow the city , shewed himselfe very penitent , humbly craving mercy and forgivenesse at the hands of god and men , whom he had so grievously offended , and whom he had so injuriously wronged in time past , and did earnestly desire them all to pray for him ; when the rope was about his neck ready to be turned off , a certaine young man , the sonne of one northampton , asked him if hee had done justice to his father or not , for northampton was sometimes maior of the citie of london , more wealthy and more substantiall then any else in the citie , him did brembre and tresilian accuse of treason & conspiracie against the state , and condemned him to dye , being dispoyled of his estate , he himselfe at length hardly escaped , to whom brembre answered and confessed with bitter teares , that what hee did was most vile and wicked , and with an intent only to murther and overthrow the said northampton , for which craving pardon of the young man being suddenly turned off , and the executioner cutting his throat , hee dyed . behold how pleasant and delightfull it is to climbe up to honour , i suppose it is better to live meanely at home with quietnesse amongst poore men , then to lord it amongst princes , and in the end to climb a ladder amongst thieves , it is even better to undergoe the burden then to assume the name of honour ; therefore whosoever that doth not regard the lawes , let them observe and consider the end of these men , and with what period they finished their days . these men being dispatched , the parliament discontinued their proceedings against the rest of the conspirators till a more convenient time ; and tooke into their considerations other more weighty affaires of the weale publike , they made the earle of arundell lord admirall , giving him authority to resist and to repulse either by sea or land the enemies of the crowne wheresoever he should find them . and it was further agreed on , that for the appeasing of all private discontents ( if any were ) the king , and the rest of the appellants with the rest of the commissioners should dine together in the great hall , which they did , and there was great joy at this reconciliation through all the kingdome . when these things were concluded , they then began againe this araignment of the traytors , whereupon john blake and thomas vske were indicted on the . day of march , who although they were men of inferiour quality yet were they found to bee parties in the said treason ; vske was a sergeant at armes , and was indicted amongst the conspirators , so that b●●●● late made sheriffe of middlesex hee had indicted the five appellants and the commissioners as traytors , and blake was an intelligencer of tressilians , one that used to goe and come betweeue the conspirators , and relate the state and successe of the treason from one to another . and when they could say nothing to prove themselves cleare , sentence was pronounced upon them as their masters were before them , they were carried to the tower , and from thence were dragged at the horse taile to tyborne , and there hanged . but vske obtained this favour , that his head was cut off after hee was hanged and set aloft upon newgate for fowles of the aire to take repast . on the sixth day of march there were called to answer , robert belknap , john holt , roger falthorp , william burleigh , iohn locton , and iohn carey baron of the exchequer , for their conspiracy against the commissioners at nottingham , but because it is not needfull to rehearse every part of their indictment , they were all condemned like as the rest . whilst the peeres were trying them , the clergie were retired into the kings chambers , but when word was brought to them of the condemnation of the judges , the archbishop of canterbury , the bishop of winchester , the chancellor , the treasurer , lord keeper of the privie seale arose hastily and went into the parliament house , powring forth their complaints before the king and the peeres humbly upon their knees beseeching them that for the love of god , the virgin mary , and of all the saints , even as they hoped to have mercy at the day of judgement , they should shew favour and not put to death the said judges then present , and bitterly bewayling their iniquities in whose hearts the very life , soule , and spirit of our english lawes lived , flourished , and appeared , and there appeared great sorrow both on the one part of the complainants , and also of the defendants . the duke of gloucester likewise with the earles of arundel , warwick , nottingham , and derby , whose hearts began to be mollified , and joyned with them in their lamentable petition . at length by intercession of the clergy , the execution upon the persons was ceased , and their lives were granted them , but were sent to the tower to be kept close prisoners . on the . of march , being thursday , it hapned that the afore-said knights , simon de burleigh , iohn de beauchamp , iames baroverse , and iohn salisbury were brought into the parliament house where their accusations were read , proved , they found guilty , and not any way able to cleare themselves . from this day almost till the ascension of our lord , the parliament house was only taken up with the tryall of sir symon burleugh , for three appellants , viz. the duke of glocester , the earles of arundell and warwicke , with the whole house of commons , vrged that execution might be performed according to the law : and on the other side , the king , and queene , the earles of darby , and nottingham , and the prior of saint john his vncle , with the major part of the uper house , did labour to have him saved . but because the commons were tyred with so long delayes , and excuses in the parliament ; and fearing , as it was most like , that all their paines would be to little or no purpose , they humbly craved leave of the king , to goe to their habitations . there was also some muttering amongst the common people , and it was reported to the parliament , that the commons did rise in diverse parts of the realme , but especially about kent , in favour of the said sir simon burleigh , which when they heard those , that before spake and stood for him , now flew cleane from him , and by joynt consent on the fifth day of may , sentence was pronounced only against the said sir symon , that hee should be drawne from the tower to tyborne ; and then to be hanged till hee were dead , and then to have his head strooke from his body . but because he was a knight of the garter , a gallant courtier , powerfull , and once a favourite of the kings , and much respected of all the court , the king of his speciall grace , was pleased to mittigate his doome , that he should only be led to tower-hill , and ther be beheaded . on the twelfe of may , the thursday before whitsontyde , in like manner were condemned , john beauchamp steward of the houshold to the king , iames bereverous , and iohn salsbury knights , gentlemen of the privie chamber , whereof the two first , viz. iohn beauchamp , and iames bereverous were beheaded on tower-hill , but iohn salsbury was drawn from tower-hill to tyborne , and there was hanged . on the same day also , was condemned the bishop of chichester the kings confessor , but because of his great dignitie , he was pardoned . now they began to loath the shedding of so much christian blood , they tooke into consideration , other more weighty affaires for the good of the realme concerning the wars with the scots and french , concerning loanes and subsidues , and of the customes of wine and wooll . and also concerning the translation of some bishops , because pope vrban the sixth , after it came to his eares , that the archbishop of yorke was condemned , to avoyd all hope of irregularity , he created him archbishop of saint andrewes in scotland : which archbishop was under the power of scots , enemies to the crown ; and in the gift of the arch-pope : and because the pope did chalenge halfe the title of all england to maintaine his wars , but although he craved it , yet he was denyed : therefore hee dealt warily and craftily ; hoping to make up his mouth , by the translation of bishops : the bishop of ely , then lord chancellor , was made arch-bishop of yorke , the bishop of dublyn succeeded in his place ; the bishop of bathan-wells in his place : the bishop of sarum in his place , and the lord iohn of waltham , lord-keeper of the privie seale in his place : and this by his translation of bishops , he gained himselfe much money , according to the lawes of the canon ; and when this came to the eares of the parliament , that such a summe of money should be transported out of the land , they strove what they could to hinder it , but could not , because the clergie gave their consent . on the last day of may , the king appointed both houses to meet at keemington , whereas they made a conclusion of all the tryalls of the said treason , granting license to thomas trenet , william ellingham , and nicholas nagworth , knights , richard metford , iohn slake , iohn lincolne , clerkes , to put in baile , provided they were sufficient , and to goe into a place of england where they listed , without any let or hindrance of any of the kings officers . moreover , the six iustices , with the bishop of chichester , who stood condemned with them , were sent into ireland , there to remaine for tearme of life , and thus they were to be divided , viz. robert belknap and john holt in the village of dromore in ireland , not to remaine as iustices or any officers , but to live as banished offenders , not to be out of towne above the space of two miles upon paine of death ; but the king out of his gracious bounty was pleased to give a yearly annuity of . pound to robert belknap , of . markes to john holt , during their lives ; and to roger fulthorpe the king allowed . pound , and to william burleigh . pound during life , confining them to the city of dublin , granting burleigh the liberty of two miles , and to fulthorpe three miles for their recreation , john carey , and john locton with the yearely allowance of . pound during life , are confined to the tower of waterford with the like liberty , and the like penaltie ; and the bishop of chichester is likewise sent to corke , there to remaine with some allowance and the like penaltie . behold these men who feared not god , nor regarded men , but having the lawes in their owne hands , wrested them now this way , now that way , as pleased best their appetites , wresting them at their pleasures for their owne commoditie , were at the last brought downe to the depth of miserie from whence they were never able to free themselves . on the third day of iune , which was the last day of the parliament , the king , the queene , the peeres of both estates with the commons , came to the abbey at westminster , whereas the bishop of london , because it was in his diocesse sung masse , and the masse being ended , the archbishop of canterbury made an oration concerning the former danger of the oath , which being , although the peeres and commons had taken the oath of allegeance , and homage to the king , yet because the king was young when they tooke the oath a new ( as at the first ) at his coronation . these ceremonies being performed , the metropolitan of england with all his suffragans there present , having lighted a candle , and putting it under a stoole , put it out , thereby excommunicating all such as should seeme to distaste , dislike , or contradict any of the fore-passed acts in the last parliament ; and the lord chancellor , by the kings appointment , caused all that were present to sweare to keepe the said statutes inviolably whole , and undissolved , as good and faithfull liege-people of the kings , and the forme of the parliament was observed throughout all the realme . on the morrow , which was the fourth day of june , many courteous salutations and congratulations having passed betweene the king , the nobility , and comminalty , the parliament was dissolved , and every man returned home . and now let england rejoyce in christ , for that the net which was laid so cunningly for our destruction , is broken asunder , and wee are delivered . to god be the praise for all . finis . the names of such as were charged and condemned of high treason in this aforesaid memorable parliament . alexander nevile , archbishop of yorke-●●●● de vere , duke of ireland , who was 〈…〉 into france , where he was kil . 〈…〉 le , earle of suffolke , and lord 〈…〉 . robert tressilian , lord chiefe iustice of the kings bench . sir nichola ▪ bramber , sometimes lord major of london made a privie counsellour . john blake , a serjeant at armes . thomas vske , an intelligencer of tressilians . all these except the duke of ireland were drawne and hanged at the elmes , now called tyburne . robert belknap . john holt. roger falthorp . william burleigh . iohn locton . iohn carey baron of the exchequer . all these former . named men were , as it seemes iudges , and although condemned , yet their lives were saved at the intercession of some of the guiltlesse peeres , and they afterward were banished into ireland . sir symon de burleigh was also condemned and beheaded : he was a knight banneret , and of the garter , a great and gallant courtier , and his body lyeth honourably buried and intombed in pauls church . sir john branchamp steward of the houshold to the king , and sir iames beverous were also condemned & beheaded at tower-hill . sir iohn salisbury was condemned , drawne from tower-hill to tiburne , and then hanged . there were also detected and condemned of the aforesaid treason . the bishop of chichester , the kings confessor . sir thomas trinet , knight . sir william ellingham , knight . sir nicholas nagworth , knight . richard metford , clerke . iohn slake , clerke . iohn lincoln , clerke . an abstract of many memorable matters done by parliaments in this kingdome of england . by parliament sir thomas wayland chiefe justice of the common-pleas , . ed. . was attainted of felony for taking bribes and his lands and good forfeited , as appeares in the pleas of parliaments , . edward . and he was banished the kingdome , as unworthy to live in that state , against which he had so much offended . by parliament sir william thorpe chiefe justice of the kings bench in ed. . times having of five persons received five severall bribes , which in all amounted to but one hundred pounds , was for this alone adjudged to bee hanged and all his goods and lands forfeited . the reason of the iudgement is entred in the roll in these vvords . because that , as much as in him lay , he had broken the kings oath made to the people , which the king had intrusted him withall . by parliament holden anno. . hen. the second assembled at nottingham , and by advise thereof the king caused the kingdome to be divided into ▪ parts , and justices itinerants appointed for every part with an oath by them to be taken for themselves , to observe and cause inviolablie to be observed of all his subjects of england , the assises made at claringdon and renued at northton . by parliament , in the . of edw. the first ; the dominion of wales was united to the crowne of england in the parliament in anno . of edw. the first upon the generall compes made of the ill administration of iustice in the kings absence , by divers great officers and ministers of iustices these penalties were inflicted upon the chiefe ministers thereof , whose manifest corruptions the batred of the people to men of that profession ( apt to abuse their science , and authority , the necessity of reforming so grievous a mischiefe in the kingdome , gave easie thereunto by the parliament then assembled , wherein upon due examinations of their offences they are fined to pay to the king these sums following . first , sir ralph hengham , chiefe justice of the higher bench seaven thousand markes . sir iohn loveton justice of the lower bench , three thousand markes . sir william bromton iustice , sixe thousand markes . sir soloman rochester , foure thousand markes . sir richard boyland , foure thousand markes . sir thomas sadington two thousand markes . sir walter hopton two thousand markes these foure last were justices itenerants . sir william saham , three thousand markes robert lithbury master of the r●lls one thousand markes . roger leicester , one thousand markes . henry bray , escheater and judge for the jewes one thousand markes . but sir adam stratton chiefe baron of the exchequer was fined in foure and thirty thousand markes . these fines as the rate of money goes now , amount to neere three hundred thousand markes , a mighty treasure to be gotten out of the hands of so few men , which how they could a masse in those dayes when litigation and law had not spred it selfe into those infiuit wreathings of contention ( as since it hath ) may seeme strange even to our greater-getting times . in the parliament anno . of edward the third held at nottingham , that great aspirer mortimer was accused and condemned and sent up to london , and drawne , and hanged at the common gallowes at the elmes now called tiburne . in the . yeare of the raigne of edward the third anno dom. was held a parliament at westminster , which was called the great parliament , where were divers complaints exhibited by the parliament , charging the kings officers with fraud , and humbly craving , that the duke of lancaster , the lord latimer , then lord chamberlaine dame alice peirce the kings concubine , and one sir richard sturry might be removed from court , their complaints & desires are so vehemently urged by their speaker sir peter la moore , that all these persons were presently put from court . by parliaments all the wholesome fundamentall lawes of this land were and are established and confirmed . by act of parliament the popes power and supremacie , and all superstition and idolatry and abrogated , abolished and banished out of this land . by act of parliament gods true religion , worship and service are maintained and established . by act of parliament the two famous vniversities of cambridge and oxford , have many wholesome and helpfull immunities . by parliament one pierce gaveston , a great favorite and notable misleader of k. edw. . was removed , banished , and afterwards by the lords executed . so were hugh spencer the father , and hugh the sonne . by parliament empson and dudley , two notorious polers of the common-wealth , by exacting penall lawes on the subjects , were discovered , and afterwards executed . by parliament the damnable gun-pouder treason ( hatched in hell ) is recorded to bee had in eternall infamie . by parliament one sir giles mompesson , a moderne caterpiller and poler of the common-wealth , by exacting upon inholders , &c. was discovered , degraded from knighthood , and banished by proclamation . by parliament sir francis bacon , made by king james baron veralam , and viscount st. albanes , and lord chancellor of england , very grievous to the common-wealth , by bribery , was discovered and displaced . by parliament sir john bennit judge of the prerogative court , pernicious to the commonwealth in his place , was discovered and displaced . by parliament lyonell cranfield ( sometimes a merchant of london ) made by k. james earle of middlesex , and lord treasurer of england : hurtfull in his place to the common-wealth , was discovered , and displaced . by parliament one sir francis mitchell , a jolly justice of peace for middlesex in the suburbes of london , another notable canker-worme of the common-wealth , by corruption in exacting the penall lawes upon poore alehouse-keepers and victuallers , &c. was discovered , degraded from knighthood , and utterly disabled for being iustice of peace . by parliament , spaines late fraud was discovered , and by act the two treaties , with that perfidious nation , for the match of the prince , our now gracious king ; and restitution of the palatinate were dissolved and annihilated : both which had cost the king and his subjects much monie , and much blood . we may remember that that sage counceller of state sir william cecill , lord burleigh and lord treasurer of england , was ofttimes heard to say , hee knew not what an act of parliament might not doe : which sage saying was approved by king james , and by his majestie alleaged in one of his published speeches . which being so , now the face of christendome being at this present so torne and miserably 〈◊〉 , and the christian world distracted ; the gospell in all places , almost persecuted , both church & common-wealth , where the gospell is professed in all places beyond the seas , lying a bleeding ( as we may say ) and we our selves at home not without feare and danger . to conclude , what good may we not hope and pray for , by this present and other ensuing parliaments : the onely meanes to rectifie and remedy matters in church and common-wealth much amisse . the character . richard son of the valiant and vidorious edward the blacke prince , was borne at burdeaux , and grand-child to king edward the third , being ● . yeeres old , began his reigne the . day of june , in the yeare of our lord , . and was crowned king at westminster the . of july . in beauty , bounty , and liberality , he ●a●re passed all his progenitors ; but was overmuch given to ease and quietnesse , little regarding military matters of armes : and being young was most ruled by you●g counsell , regarding little the counsell of the sage & wise men of the realm● , which thing turned this land to great trouble , and himselfe to extreame misery ; for being first disgraced by his cousin , henry of bullingbroke duke of hereford , son of john of gaunt duke of lancaster , he was at length by him ( with the generall consent of the whole parliament ) deposed from his crown and kingdome the . of september . and committed to prison , and afterwards wickedly murdered . for being sent to pomfret castle , to be safely kept , and princely maintained , he was shortly after by king henries direction and commandment ( who feared lest his estate might be shaken whiles king richard liv'd ) wickedly assaulted in his lodging by sir piers of exton , and . other armed men , from one of which , with a princely courage , he wrested a ●rown bill , and therewith slew . of them , fought with all the rest : untill comming by his owne chaire ( in which the base cowardly knight himselfe stood for his owne safety ) he was by him stricken with a pole-axe , in the hinder part of his head , that presently hee fell downe and dyed , when he had raigned . yeares , weekes , and dayes . more memorable things done by parliaments . by parliament richard montague ( since made bishop of chichester , and now bishop of norwich ) his pernicious booke entituled apello caesarem , ( first confuted by doctor carlton then b. of chichester , and divers other reverend orthodox divines ) was displayed , and by proclamation dated . the booke was called in and prohibited : and he the said montague was discovered to be a notable unorthodox man , &c. by parliament roger manwayring , d. of divinity , & parson of st. giles in the fields , and the kings chaplaine , was discovered to be an unorthodox man , and brought on his knees to the bar of the honourable house of parliament , and the booke of his two seditious printed sermons against parliaments , entituled religion and allegeance , was by proclamation called in and prohibited : and he the said manwayring , was censured and deprived of his livings , not to come neere the court , nor to exercise or use any ministeriall office , &c. but notwithstanding , soone after the fatall dissolution of that parliament , . he the said manwayring by the power of a little great prelate , was not onely restored to his former livings , but soone after , hee was preferred and made deane of worcester , afterwards a bishop , and is now bishop of st. davids , the first bishoprick in wales . and in as much , as so many memorable things have bin done by parliaments , somewhereof in former times , have indeed done no lesse , than write wonders ; for reformation of corruptions , and grievances & exemplary executions in the state and common-wealth : and seeing th'other day , viz. . of february , there was that correspondence , and happy agreement betwixt his sacred majesty , and both the houses of parliament now sitting , which made the evening of that day , crowned with bone-fires and bells-ringing for joy . let us not cease to pray and beseech the lord of hosts , still so to unite the heart of the kings majesty to the parliament ( his great counsell ) that the upper and lower houses may unanimously agree , and be reciprocally united to the kings , that many matters now much amisse in church and common-wealth may be reformed , and this yeare may be accounted annus aureus , and that this present parliament begun this yeare may be inscribed and engraven in marble and in letters of gold ; by parliament the earle of strafford deputy of ireland , grievous to the common-wealth , was discovered , and after an honourable trya●l , was attainted of high treason , for which hee suffered death , may the twelfth , . sacred to memory posterity the ( long expected ) happy parliament , begun mdc.xl . ended and made a session . vivat rex floreat regnum bene valeat parliamentum . hallelujah . finis . the case of the lady wandesford wandesford, mary, lady. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the lady wandesford wandesford, mary, lady. sheet ([ ] p.) s.n., [london? : ] imprint from wing (cd-rom edition). reproduction of original in the folger shakespeare library. eng england and wales. -- parliament. -- house of commons -- private bills -- early works to . real property -- england -- hampshire -- early works to . reclamation of land -- england -- hampshire -- early works to . a r (wing c a). civilwar no the case of the lady wandesford. wandesford, mary, lady a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the lady wandesford . that king charles the first by his letters pattents . car. i. did for a great and valuable consideration grant unto dame mary vvandesford , and vvilliam vvandesford , and their heirs , all the land in hampshire between high and low-water-marke , reserving .d . per acre fee farme rent . that the inning of the said lands , and securing them from the sea , will be a very great and chargeable undertaking , but being imbanked from the sea , will be of great profit and advantage to the kingdome , whereas now they yield no benefit to any ; not one blade of grass growing upon them . that for the encouragement of those who are to adventure their money upon so hazardous a work ; the lady vvandesford hath been advised to present a bill to this honourable house , which hath been read and committed . that at the reading of it many clauses in it did appear to be unreasonable , all which the committee have expunged . that there is a proviso for the saving all rights , so that nothing is passed to the lady vvandesford by this intended act , if it was not legally granted by the said pattent . and she doth humbly pray , that in regard this bill , if it be passed , cannot be a prejudice to any person ; and if it doth not passe , will be her utter undoing , ( having spent her whole estate upon it ) that by the justice of this honourable house it may passe . novemb. . . katherine pettus, plaintiffe, margaret bancroft, defendant in chancery pettus, katherine. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) novemb. . . katherine pettus, plaintiffe, margaret bancroft, defendant in chancery pettus, katherine. sheet ([ ] p.) s.n., [s.l. : ] 'katherine .. bancroft, defendant' is enclosed in a right-hand curly bracket. imprint date from wing. annotation on thomason copy: "nouemb . st ". reproductions of the originals in the harvard university library (early english books) and the british library (thomason tracts). eng pettus, katherine -- early works to . bancroft, margaret -- early works to . england and wales. -- court of chancery -- cases -- early works to . debt relief -- england -- early works to . a r (thomason .f. [ ]). civilwar no novemb. . . katherine pettus, plaintiffe, margaret bancroft, defendant in chancery pettus, katherine d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion novemb. ●… . . katherine pettus , plaintiffe in chancery . margaret bancroft , defendent in chancery . the plaintiffe a poore widow , oppressed in an extraordinary manner by the power of the defendent and her friends in this suit in chancery , now of . yeares continuance , wherein the plaintiffe sueth for an orphans portion against the defendent , the widow and executrix of mr. thomas bancroft , the executor that raised his whole estate by his executorship . the plaintiffe through this suit is above . l. in debt , and some of her creditors are ready to perish for want of their moneys , is brought to sue in forma pavperis , hath sold and pawned all the goods and meanes shee had any waies for her subsistence , and hath been and is forced to take up money at brokage after , , and . l. in the hundred , and hath nothing left to live upon , but is supported upon almes and charity , her whole estate , for her self , her fatherless children , and creditors , being in and upon this suit. the orphans portion is , by vertue of , and according to , the orders of court , cast up , and certified by a master of chancery , to amount unto . l. upon the first of march , . ( and after . l per cent. since commeth now unto . l. ) ; yet the master hath taxed but . l. for the plaintiffes costs , whereas the plaintiffe , and her late husband the orphan have spent in this suit , neere . l. if not ●ull so much . the sa●d thomas bancroft , the executor , above . yeares agoe at his death , and within three weekes before his death , when this suit had continued above foure yeares against him , left to the defendent his wife , and their children , being onely three daughters , whereof the two elder were richly married before , and hee had given them answerable portions , a personall estate of above . l. and a reall estate of l. a yeare lands of inheritance , or thereabouts ; all which hee raised and bought , after hee had possessed himself of the testators estate , and this orphans-portion . the defendent margaret bancroft , after shee had stood out all processe of contempt in chancery , and obscured her self , for almost seven yeares together , was , by the plaintiffes procurement , with much trouble , searching , and charges to the plaintiffe , arrested by a serjeant at armes upon the th day of july . and was committed to the fleet , where after she had been about a yeare imprisoned , she removed her self from thence by a habeas-corpus , unto the prison of the viper-bench where shee st●ll remaineth , obstinatly refusing to make satisfaction to the plaintiffe ; and the estate o● the said thomas bancroft , is so fraudulently passed away , by himself and the defendent , si●ce the b●ginning of this suit , for the use of the defendent , and their children , that the poore plaintiff can get no fruit nor benefit of her suit , though shee hath an ordinance of parliament of the th of august . that shee should receive the fruit and benefit of her suit by the ordinance and authority of both houses of parliament . the plaintiffe humbly representeth this short part of her case to the honourable committee , that is to bring in a bill for the relief of creditors and poore prisone●s , most humbly praying , that in the said bill there may bee some speciall provision made for such like cases ; and that the words in the late act for the relief of creditors and poor prisoners ( but a settlement or graunt made by such prisoners of their estates , or any part thereof , or made by any other person for whose debt the said prisoner is imprisoned of his or her estate reall or personall , or any part thereof , to any of their children or heyres apparent , vpon marriage or otherwise , after a debt contracted , is not to be accompted a purchase or conveighance to bee allowed , further then to cause restitution of the money , which was really payed to , and received by , such prisoner , or other person vpon such conveighance or graunt ) may bee put into the said bill and like act to bee made ; which words will save much trouble in the proof of fraudulent deeds , which the leaving out thereof in the late ordinances would have put unto : and that there may bee . understanding , upright , and impartiall judges . the character of a true english souldier written by a gentleman of the new-rais'd troops. gentleman of the new-rais'd troops. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the character of a true english souldier written by a gentleman of the new-rais'd troops. gentleman of the new-rais'd troops. p. printed for d.m., london : . imperfect: creased stained and cropped, with slight loss of text. reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the character of a true english souldier . semper in bello his maximum periculum est , qui maxime timent . audacia pro muro habetur . salust . written by a gentleman of the new-rais'd troops . with allowance . ro. l'estrange . london : printed for d. m. . the character of a true english souldier . a true english souldier , is a free born son of courage , voluntarily put apprentice to the art of war : a stock of heart-oak ▪ fit for laurels to be grafted on ; or a sprig of valour , that duely prun'd by discipline and experience , sprouts up in time into an hero. though he take pay , you cannot without injustice call him mercinary : for he serves his king and country as much out of inclination as necessity ; and differs from the common ruffianly souldier of fortune , as a charging horse from a cart horse , or a cock of the game from one of dunghill breed ; so unlike , that they scarce seem of the same species : for he scorns the vices as much as the power of his enemies ; looks upon the camp as a severe school of vertue , not a sanctuary of debauchery ; and lives like a christian , though he fights like a turk . he holds it , next to his creed , that no coward can be an honest man ; yet never bloodies his sword but in the heat of battel : for in his quarters he is as peaceable as a constable , and associates more lovingly with his comrades , than monks in a cloister : the reason is , he is stout , not quarrelsome , and delights to have the sun behold his valour , because he resolves to do actions worthy the eye of heaven . he will never be perswaded , that success can justifie cruelty , or victory legitimate a rape , or a storming excuse a sacriledge : next to cowardize and a mutiny , he hates nothing so much as rudeness to the fair sex , whose weakness he allows to be their protection ; being so honourably merciful to women in a surprizal , that the triumphs of his civilities can never be equall'd but by those of his prowess . 't is true , he is a lover , but 't is of danger and glory , whom he courts ( as jove did semele ) in clouds of smoak and thunder ; and appears more brave and lovely to a judicious ladies eye in a tatter'd red coat or suit of buff ( allow him but his arms for trimming ) than your little sprucified man of mode in his powdred wig and cloth of tissue . he is so abhorrent from treacherous murders or crol-blood-massacres , that when he looks upon his enemies dead body in the field , 't is with a kind of noble pity , no insultation . he attributes the whole glory of a conquest to god's mercy and his generals conduct ; and always prepares for death , though he never fears it . he thinks not out of his own calling , when he accounts life a continual warfare ; and his prayers then best become him , when , armed cap a pe , he looks as if he had a designe to take at once both earth & heaven by violence . before an engagement he signs out some such short , but zealous ejaculation : lord , remember me anon , when i shall be too apt to forget thee ! and then falls on as resolutely and unconcern'd as to a feast . he is so confident of victory , that he always gives the on-set with a hallo and shouts of triumph ; and pursues a charge so furiously , that he is in with his enemy almost as soon as his bullet , ready , if that misses , with the butt end of his musquet to do execution . he fears a sword no more than an ague ; and counts , the roaring of cannons and whistling of small-shot , m●ke as pleasant musick as the base and treble in consort . his courage is natural , not borrowed from the inspirations of drink , or thrust upon him by the necessity of despair . 't is a base and malicious scandal to say , that his valour ebbs and flows with the condition of his snapsack , or that he can never fight well unless beef and bag-pudding be his seconds . 't is true , the fertility of his country has inur'd him to a plentiful diet , and he would willingly have his body in good plight , to keep pace with the vigor of his mind : yet he can endure the most pinching necessities , and , led on by honour , will hold out a campagne , though hunger and cold march never so close in the same file with him . he is true steel , which may be bent by violence , but in a minute return to its former posture . thus he may be overcome , but never conquer'd : for he will rally after the tenth repulse , and pluck victory back by the wing , when she is flying away to the enemy . besiege him never so strictly , so long as the air is not shut up from him , his heart faints not : for , like hannibal , he always either finds a way , or makes it . but valor and endurance of hardships are but two parts of a souldier ; that which compleats him is obedience ; in which our true englishman is singularly exemplary ; never did any so much slight his enemy , and so revere his chief . the roman legions could not boast a spirit at once so fierce and so docile , that could overflow the field with mote impetuosity , and retire to his place in the camp with less appearance of having ever gone out . the respect he bears his officers , is more powerful than the right of life and death they have over him . he is more apprehensive of their anger , than of the law martial and ordinances of war : for he obeys for love , not fear ; and resents their displeasure more terribly than any punishment . he disputes no orders , but executes them ; and will charge up to a cannons mouth , or make a scalado th●ough showers of bullets , and the midst of flames naked , if his country's honour , or his generals command require it . thus far we have seen him in his private capacity , now behold him when merit has intituled him to a command ; you shall finde in his action neither a cowardly or heavy coldness , nor a rash precipitate vehemence ; though he doth nothing meanly , yet he doth nothing with violence , but softly makes haste , and advances with an insensible motion . he cherishes his souldiers as tenderly as a father his children , and had rather save one of their lives , than kill ten of his enemies . he does not train by the book , dully reckoning up so many postures of the pike and musquet , as if he were counting a game at noddy ; but , having a perfect idea of the whole art military , theorick and practick , instructs every one according to his capacity , and prefers or punishes with a just respect to merit . he endures equal toil with the meanest souldier ; is the first in giving a charge , and the last in retiring his foot. from his example they all take fire , as one torch lighteth many . he hath learn'd as well to make use of a victory , as obtain it ; for then , pursuing his enemies like a whirlwind , he carries all before him , being assured that is the time to compleat their ruine , when they have lost force , wisdom , courage , and reputation . he is the universal genius that actuates all under his charge , and moves them , as the intelligences , without tiring themselves , are said to turn about the coelestial spheres . observe how with his eyes he leads the whole army ! how a nod of his head keeps thousands in their duty ! how onely his presence establisheth order , and drives away confusion ! he knows in war there is no admitting of a second errour , the first and least fault being sufficient to ruine an army ; he therefore makes it his business to prevent faults , not to pardon them ; and makes those that are precedents of disorder , mutiny , negligence , or cowardize , repair their offence to the whole , by being examples of his justice . his loyalty to his prince , and his love to his sou●diers , are essential parts of his soul ; he would neither betray the one , nor defraud the other for a greater empire than caesars ; little seeming affronts at home cannot disoblige him ; nor mighty offers from abroad draw him to a compliance : he scorns honour purchased by dishonourable means , is shot free against the enemies golden bullets , and impenetrable to vanity , as well as fear and avarice . he at once subverts discovered endeavours , and guards himself from hidden artifices . neither the poison brought from afar , nor the neighbouring corrupted air , nor stranger , nor friend , nor hopes , nor fears , nor threats , nor flatteries , have power to change the goodness of his constitution ; or warp him from his duty . he scorns to make a trade of war by prolonging it unnecessarily for his own profit or reputation , yet maintains it is never to be given o're but on one of these three , conditions : an honourable and well assured peace , absolute victory , or an honest death . but i remember our noble souldier's life is action ; he hates many words ; and i am willing enough to comply with his humour : for when i have said all i can , 't is onely his own sword that can truely write his character . finis . to the right honourable my lords, of his majesty's commission ecclesiastical sprat, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable my lords, of his majesty's commission ecclesiastical sprat, thomas, - . sheet ([ ] p.) s.n., [london : ] caption title. signed at foot: rochester. rochester = thomas sprat, lord bishop of rochester. place and date of publication from national library of scotland. wing ( nd ed.) incorrectly gives publication date as . reproduction of original in: national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- ecclesiastical commission ( ) great britain -- church history -- th century -- sources. broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable my lords , of his majesty's commission ecclesiastical . i most humbly intreat your lordships favourable interpretation , of what i now write , that since your lordships , are resolved to proceed against those , who have not complyed with the kings command , in reading his declaration . it is absolutely impossible , for me to serve his majesty any longer , in this commission : i beg leave to tell your lordships , that tho i my self , did submit in that particular , yet i will never be any way instrumental , in punishing those , my brethren , that did not . for , as i call god to witness , that what i did , was meerly in a principal of conscience : so i am fully satisfied , that their forbearance , was upon the same principle . i have no reason to think otherwise of the whole body of our clergy , who upon all occasions , have signaliz'd their loyalty to the crown ; and their zealous affections to his present majesty's p●rson , in the worst of times . now my lords , the safety of the whole church of england , seeming to be exceedingly concerned in this prosecution : i must declare , i cannot with a safe conscience , sit or judge in this cause , upon so many pious and excellent men , with whom ( if it be god's will ) it rather becomes me to suffer , then to be in the least , oc●●●●on to their sufferings . i therefore , earnestly request your lordships , 〈◊〉 ●●terceed with his majesty , that i may be graciously dismissed , from any 〈…〉 her attendance at your board : and to assure him , that i am still rea●● to sacrifice , what ever i have to his service , but my conscience and ●●ligion . my lords , i am your lordships , most faithful , and obedient servant , rochester . a declaration of his excellency sir thomas fairfax and his councell of warre. delivered by colonell sir hardresse waller, and other officers of the army, to the house of peeres, upon munday the of january, . with the lords answer thereunto. die lunæ, januarii. . ordered by the lords assembled in parliament, that this declaration of the generall and his councell of warre, with the answer thereunto, be forthwith printed and published. joh. brown. cler. parliamentorum. england and wales. army. council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a declaration of his excellency sir thomas fairfax and his councell of warre. delivered by colonell sir hardresse waller, and other officers of the army, to the house of peeres, upon munday the of january, . with the lords answer thereunto. die lunæ, januarii. . ordered by the lords assembled in parliament, that this declaration of the generall and his councell of warre, with the answer thereunto, be forthwith printed and published. joh. brown. cler. parliamentorum. england and wales. army. council. fairfax, thomas fairfax, baron, - . waller, hardress, sir, ?- ? [ ], , [ ] p. for john wright at the kings head in the old bayley, imprinted at london : [i.e. ] declaring that the councell of war will "indeavour to preserve the peerage of this kingdome." annotation on thomason copy: "jan: ". reproduction of the original in the british library. eng england and wales. -- army. -- council -- early works to . england and wales. -- parliament. -- house of lords -- privileges and immunities -- early works to . a r (thomason e _ ). civilwar no a declaration of his excellency sir thomas fairfax and his councell of warre.: delivered by colonell sir hardresse waller, and other office england and wales. army. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of his excellency sir thomas fairfax and his councell of warre . delivered by colonell sir hardresse waller , and other officers of the army , to the house of peeres , upon munday the of january , . with the lords answer thereunto . die lunae , januarii . . ordered by the lords assembled in parliament , that this declaration of the generall and his councell of warre , with the answer thereunto , be forthwith printed and published . joh. brown cler. parliamentorum . imprinted at london for john wright at the kings head in the old bayley . . the declaration of the generall and his councell of warre , delivered by colonell sir hardresse waller , and other officers of the army , at the barre of the house of peeres , the of january , . with the lords answer thereunto , delivered by the speaker . the generall and his councell of warre , taking notice of some unworthy endeavours to asperse the integrity of their proceedings , as ayming at the overthrowing of peerage , and undermining of the rights and priviledges of the house of peeres , doe unanimously declare , that they hold themselves obliged in justice and honour to indeavour to preserve the peerage of this kingdome with the just rights belonging to the house of peeres , and will really in their places and callings perform the same . and as in the first place they looke upon the carrying on of this great common cause , wherein both houses of parliament stand ingaged ( which they hope no respect shall make them to desert ) so shall they to , and in the prosecution of those publick ends be very carefull to preserve and maintaine the right and honour belonging to the places and persons of the peeres of england . by the appointment of his exceltency , sir thomas fairfax , and his councell of warre . jo. rushworth . the lords answer . gentlemen : the lords receive with great satisfaction this declaration which you have presented unto them , as the unanimous engagement of the counsell of warre ; and they have commanded me to returne particular thankes to the generall and your selves , and by you they desire their thankes may be returned to the councell of warre and the whole army . and they further have commanded me to assure you , that as they have hazarded their lives and fortunes in the maintenance of the true religion , and the liberties of the kingdome , and priviledges of parliament according to our former solemne engagements , and for the procuring a just and safe peace to this distracted and distressed kingdome ; so they shall still pursue those ends from which no respects whatsoever shall either alienate their hearts , or lessen their endeavours . die lunae . januarii . ordered by the lords assembled in parliament , that this declaration of the generall and his councell of warre , with the answer thereunto shall be printed and published . jo. brown , cler. parliamentorum . finis . the humble ansvver of the honourable house of commons to the kings majesties last message, th of feb. . in defence of the speech lately spoken by m. pym. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the humble ansvver of the honourable house of commons to the kings majesties last message, th of feb. . in defence of the speech lately spoken by m. pym. england and wales. parliament. house of commons. sheet ([ ] p.) printed for iohn franke, london : [i.e. ] reproduction of the original in the british library. eng england and wales. -- sovereign ( - : charles i). great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no the humble ansvver of the honourable house of commons to the kings majesties last message, th of feb. . in defence of the speech lately england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the hvmble answer of the honourable house of commons to the kings majesties last message , th of feb. . in defence of the speech lately spoken by m. pym . your majesties most loyall and faithfull subjects , the commons now assembled in parliament , have taken into their serious consideration the message received from your majestie the th of this instant february , and doe acknowledge that the speech therein mentioned to be delivered by mr. pym in a conference , was printed by their order , and that what was therein delivered , was agreeable to the sense of the house : and touching that passage wherein it is affirmed , that since the stoppe upon the ports against all jrish papists , by both houses , many of the cheife commanders now in the head of the rebells , have beene suffered to passe by your majesties immediate warrants . they present your majestie with this their humble answere . that they have received divers advertisements concerning severall persons , irish , and other papists , which have obtained your maiesties immediate warrants for their passing into jreland , since the order of restraint of both houses ; some of which , as they have beene informed , ( since their comming into ireland , ) have ioyned with the rebells , and beene commanders amongst them , and some others have beene stayed , and are yet in safe custodie : particularly the lord delvin and foure other persons in his companie , whereof one is thought to be a priest . one collonell butler brother to the lord montgarat now in rebellion , and sir george hamilton , all which are papists , and one other ( as is reported ) being sonne of the lord nettersfeild , whose father and brother are both in rebellion . the particular names of others we have not yet received , but doubt not but upon examination they may be discovered . and your maiesties most faithfull subiects are very sorry , that the extreme caution which your maiestie hath used , hath beene so ill seconded with the diligence and faithfulnesse of your ministers . and that your royall authority should be so highly abused , although ( as it was exprest in that speech by master pym ) we beleeve , it was by the procurement of some evill instruments too neere your royall person , without your maiesties knowledge and intention . and we beseech your maiestie to take such course , that not onely your honour may bee vindicated for the time past , but your kingdome may be secured from the like mischeife for the time to come . read , and by vote upon the question , assented unto . london printed for iohn franke . . a rough draught of a new model at sea halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a rough draught of a new model at sea halifax, george savile, marquis of, - . p. printed for a. banks, london : . reproduction of original in cambridge university library. attributed to george savile halifax. cf. nuc pre- . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- officers. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a rough draught of a new model at sea. london , printed for a. banks . . a rough draught of a new model at sea. i will make no other introduction to the following discourse , than that the importance of our being strong at sea , was ever very great , so in our present circumstances it is grown to be much greater ; because , as formerly , our force in shipping contributed greatly to our trade and safety . so now it is become indispensibly necessary to our very being . it may be said now to england , martha , martha , thou art busie about many things , but one thing is necessary to the question , what shall we do to be saved in this world ? there is no other answer , but this , look to your mote . the first article of an english-man's political creed , must be , that he believeth in the sea , &c. without that , there needeth no general council to pronounce him incapable of salvation here . we are in an island , confined to it by god almighty , not as a penalty , but a grace , and one of the greatest that can be given to mankind . happy confinement , that hath made us free , rich , and quiet ; a fair portion in this world , and very well worth the preserving ; a figure that ever hath been envied , and could never be imitated by our neighbours . our scituation hath made greatness abroad by land conquests unnatural things to us . it is true , we have made excursions , and glorious ones too , which make our names great in history , but they did not last . admit the english to be giants in courage , yet they must not hope to succeed in making war against heaven , which seemeth to have enjoined them to acquiesce in being happy within their own circle . it is no paradox to say that england hath its root in the sea , and a deep one too ; from whence it sendeth its branches into both the indies . we may say further in our present case , that if allegiance is due to protection , ours to the sea is due from that rule , since by that , and by that alone , we are to be protected ; and if we have of late suffered usurpation of other methods contrary to the homage we owe to that which must preserve us . it is time now to restore the sea to its right ; and as there is no repentance effectual without amendment , so there is not a moment to be lost in the going about it . it is not pretended to launch into such a voluminous treatise , as to set down every thing to which so comprehensive a subject might lead me ; for as the sea hath little less variety in it than the land ; so the naval force of england extendeth its self into a great many branches , each of which are important enough to require a discourse apart , and peculiarly applied to it . but there must be a preference to some consideration above others , when the weight of them is so visibly superior that it cannot be contested . it is there first that the foundations are to be laid of our naval oeconomy ; amongst these there is one article which in its own nature must be allowed to be the corner-stone of the building , viz. the choice of officers , with the discipline and encouragement belonging to them . upon this head only i shall then take the liberty to venture my opinion into the world , with a real submission to those who may offer any thing better for the advantage of the publick . the first question then will be , out of what sort of men the officers of the fleet are to be chosen ; and this immediately leadeth us to the present controversie between the gentlemen and the tarpaulins . the usual objection on both sides , are too general to be relied upon . partiality and common prejudices direct most mens opinions , without entring into the particular reasons which ought to be the ground of it : there is so much ease in aquiescing in generals , that the ignorance of those who cannot distinguish , and the largeness of those who will not , maketh men very apt to decline the trouble of stricter enquiries , which they think too great a price for being in the right , let it be never so valuable . this maketh them judge in the lump , and either let their opinions swim along with the stream of the world , or give them up wholly to be directed by success : the effect of this is that they change their minds upon every present uneasiness , wanting a steady foundation , upon which their judgment should be formed . this is a pearching upon the twiggs of things , and not going to the root : but sure the matter in question deserveth to be examined in another manner , since so much dependeth upon it . to state the thing impartially , it must be owned that it seemeth to lie fairest for the tarpaulin : it giveth an impression , that must have so much weight as to make a mans opinion lean very much on that side , it carrieth so much authority with it , it seemeth to be so unquestionable that those are fittest to command at sea , who have not only made it their calling , but their element ; that there must naturally be a prejudice to any thing that can be said against it : there must therefore be some reason very extraordinary to support the argument on the other side , or else the gentlemen could never enter the lists against such a violent objection , which seemeth not to be resisted . i will introduce my argument with an assertion , which as i take to be true almost in all cases , so it is necessary to be explained and enforced in this . the assertion is , that there is hardly a single proposition to be made , which is not deceitful , and the tying our reason too close to it , may in many cases be destructive . circumstances must come in , and are to be made a part of the matter of which we are to judge ; positive decisions are always dangerous , more especially in politicks . a man who will be master of an argument , must do like a skilful general , who sendeth scouts on all sides to see whether there may not be an enemy . so he must look round to see what objections can be made , and not go on in a streight line , which is the ready way to lead him into a mistake . before then that we conclude what sort of men are fittest to command at sea , a principle is to be laid down , that there is a differing consideration to be had of such a subject-matter as is in it self distinct and independent , and of such a one , as being a limb of a body , or a wheel of a frame , there is a necessity of suiting it to the rest , and preserving the harmony of the whole : a man must not in that case restrain himself to the separate consideration of that single part , but must take care it may fall in and agree with the shape of the whole creature of which it is a member . according to this proposition , which i take to be indisputable , it will not , i hope , appear an affectation or an extravagant fit of unseasonable politicks , if , before i enter into the particular state of the present question , i say something of the government of england , and make that the ground-work of what sort of men are most proper to be made use of to command at sea. the forms of government to which england must be subjected , are either absolute monarchy , a commonwealth , or a mixed monarchy , as it is now ; with those natural alterations that the exigency of affairs may from time to time suggest . as to absolute monarchy , i will not allow my self to be transported into such invectives as are generally made against it ; neither am i ready to enter into the aggravating-stile of calling every thing slavery , that restraineth men in any part of their freedom ; one may discern in this , as in most other things , the good and the bad of it : we see by too near an instance , what france doth by it ; it doth not only struggle with the rest of christendom , but is in a fair way of giving law to it . this is owing in great measure to a despotick and undivided power ; the uncontroulable authority of the directive counsels maketh every thing move without disorder of opposition , which must give an advantage that is plain enough of it self , without being proved by the melancholy experience we have of it at this time . i see and admire this ; yet i consider at the same time , that all things of this kind are comparative ; that as on one side , without government men cannot enjoy what belongeth to them in particular , nor can a nation secure or preserve it self in general ; so on the other side , the end of government being , that mankind should live in some competent state of freedom , it is very unnatural to have the end destroyed by the means that were originally made use of to attain it . in this respect something is to be ventured rather than submit to such a precarious state of life as would make it a burthen to a reasonable creature ; and therefore after i have owned the advantages in some kind of an unlimitted government , yet whilst they are attended with so many other discouraging circumstances , i cannot think but they may be bought too dear ; and if it should be so , that it is not possible for a state to be great and glorious , except the subjects are wretchedly miserable . i am ashamed to own my low-spirited frailty , in preferring such a model of government as may agree with the reasonable enjoyment of a free people , before such a one by which empire is to be extended at such an unnatural price . besides , whatever mens opinions may be one way or another , in the general question , there is an argument in our case that shutteth the door to any answer to it , ( viz. ) we cannot subsist under a despotick power , our very being would be destroyed by it ; for we are to consider , we are a very little spot in the map of the world , and make a great figure only by trade , which is the creature of liberty ; one destroyed , the other falleth to the ground by a natural consequence , that will not admit a dispute . if we should be measured by our acres , we are poor inconsiderable people ; we are exalted above our natural bounds , by our good laws , and our excellent constitution . by this we are not only happy at home , but considerable abroad : our scituation , our humor , our trade , do all concurr to strengthen this argument . so that all other reasons must give place to such a one as maketh it out , that there is no mean between being a free nation , and no nation . we are no more a people , nor england can no longer keep its name from the moment , that our liberty are extinguisht ; the vital strength that should support us , being withdrawn . we should then be no more than the carcass of a nation , with no other security than that of contempt , and to subsist upon no other tenure , than that we should be below the giving temptation to our stronger neighbours to devour us . in my judgement therefore , there is such a short decision to be made upon this subject , that in relation to england , an absolute monarchy is an unreasonable thing to be wished , as i hope it will be impossible ever to be obtained . it must be considered in the next place , whether england likely is to be turned into a commonwealth . it is hard at any time to determine what will be the shape of the next revolution , much more at this time would it be inexcuseably arrogant to undertake it . who can foresee whether it will be from without or from within , or from both ? whether with or without the concurrence of the people ? whether regularly produced or violently imposed ? i shall not therefore magisterially declare it impossible that a commonwealth should be setled here ; but i may give my humble opinion , that according to all appearances , it is very improbable . i will first lay it down for a principle , that it is not a sound way of arguing to say , that if it can be made out , that the form of a commonwealth will best suit with the interest of the nation , it must for that reason of necessity prevail . i will not deny but that interest will not lye , is a right maxim , where-ever it is sure to be understood ; else one had as good affirm , that no man in particular , nor mankind in general , can ever be mistaken . a nation is a great while before they can see , and generally they must feel first before their sight is quite cleared : this maketh it so long before they can see their interest , that for the most part it is too late for them to pursue it : if men must be supposed always to follow their true interest , it must be meant of a new manufactory of mankind by god almighty ; there must be some new clay , the old stuff never yet made any such infallible creature . this being premised , it is to be inquired , whether instead of inclination or a leaning toward a commonwealth , there is not in england a general dislike to it ; if this be so , as i take it to be , by a very great disparity in numbers , it will be in vain to dispute the reason whilst humor is against it , allowing the weight that is due to the argument which may be alledged for it ; yet if the herd is against it , the going about to convince them would have no other effect than to shew , that nothing can be more impertinent than good reasons , when they are misplaced or ill-timed . i must observe that there must be some previous dispositions in all great changes to facilitate and to make way for them ; and i think it not at all abused to affirm , that such resolutions are seldom made at all , except by the general preparations of mens minds , they are half made before it is plainly visible that men go about them . tho' it seemeth to me , that the argument alone maketh all others unnecessary , yet i must take notice , that besides what hath been said upon this subject , there are certain preliminaries to the first building a commonwealth ; some materials absolutely necessary for the carrying on such a fabrick , which are at present wanting amongst us , i mean vertue , morality , diligence , religion , or at least hypocrisie . now this age is so plain dealing , as not to dissemble so far as to an outward pretence of qualities which seem at present so unfashionable , and under so much discountenance . from hence we may draw a plain and natural inference , that a common-wealth is not fit for us , because we are not fit for a commonwealth . this being granted , the supposition of this form of government of england , with all its consequences to the present question , must be excluded , and absolute monarchy having been so too by the reasons at once alledged , it will without further examination fall to a mixt government , as we now are : i will not say that there is never to be any alteration ; the constitution of the several parts that concurr to make up the frame of the present government , may be altered in many things , in some for the better , and in others perhaps for the worse , according as circumstances shall arise to induce a change ; and as passion and interest shall have more or less influence upon the publick councils : but still if it remaineth in the whole so far a mixt monarchy , that there shall be a restraint upon the prince , as to the exercise of a despotick power , it is enough to make it a ground-work for the present question . it appeareth then , that a bounded monarchy is that kind of government which will most probably prevail and continue in england ; from whence it must follow ( as hath been hinted before ) that every considerable part ought to be so composed , as the better to conduce to the preserving the harmony of the whole constitution . the navy is of so great importance , that it would be disparaged by calling it less than the life and soul of government . therefore to apply the argument to the subject we are upon , in case the officers should be all tarpaulins , it would either be in reality , or at least it would be thought too great a tendency to a commonwealth ; such a part of the constitution being democratically disposed , may be suspected to endeavour to bring it into that shape ; and where the influence must be so strong , the supposition will be the more justifiable : in short , if the maritim force , which is the only thing that can defend us , should be wholly directed by the lower sort of men , with an entire exclusion of the nobility and gentry , it will not be easie to answer the arguments supported by so great a probability , that such a scheme would not only lean toward a democracy , but directly lead us into it . let us now examine the contrary proposition , viz. that all officers should be gentlemen . here the objection lieth so fair of its introducing an arbitrary government , that it is as little to be answered in that respect , as the former is in the other . gentlemen in a general definition will be suspected to lie more than other men under the temptations of being made instruments of unlimitted power ; their relations , their way of living , their taste of the entertainments of the court , inspire an ambition that generally draweth their inclinations toward it , besides the gratifying of their interests . men of quality are often taken with the ornaments of government ; the splendor dazleth them so , as that their judgments are surprized by it ; and there will be always some , that have so little remorse for invading other men's liberties , that it maketh them less sollicitous to preserve their own . these things throw them naturally into such a dependance as might give a dangerous byass : if they alone were in command at sea , it would make that great wheel turn by an irregular motion ; and instead of being the chief means of preserving the whole frame , might come to be the chief instruments to discompose and dissolve it . the two former exclusive propositions being necessarily to be excluded in this question , there remaineth no other expedient ; neither can any other conclusion be drawn from the argument as it hath been stated , than that there must be a mixture in the navy of gentlemen and tarpaulins , as there is in the constitution of the government , of power and liberty . this mixture is not to be so rigorously defined , as to set down the exact proportion there is to be of each ; the greater or less number must be directed by circumstances , of which the government is to judge , and which makes it improper to set such bounds , as that upon no occasion it shall on either side be lessened or enlarged . it is possible the men of wapping may think they are injured by giving them any partners in the dominion of the sea ; they may take it unkindly to be jostled in their own element by men of such a different education , that they may be said to be of another species ; they will be apt to think it an usurpation upon them ; and notwithstanding the instances that are against them , and which give a kind of prescription on the other side , they will not easily acquiesce in what they conceive to be a hardship to them . but i shall in a good measure reconcile my self to them by what follows ; ( viz. ) the gentlemen shall not be capable of bearing office at sea , except they be tarpaulins too ; that is to say , except they are so trained up by a continued habit of living at sea , that they may have a right to be admitted free denizons of wapping . upon this dependeth the whole matter , and indeed here lieth the difficulty ; because the gentlemen brought up under the connivance of a looser discipline , and of an easier admittance , will take it heavily to be reduced within the fetters of such a new model ; and i conclude they will be extreamly averse to that , which they will call an vnreasonable yoke upon them , that their original consent is never to be expected . but if it appeareth to be convenient , and which is more , that it is necessary for the preservation of the whole , that it should be so , the government must be called in aid to suppress these first boylings of discontent ; the rules must be imposed with such authority , and the execution of them must be so well supported , that by degrees their impatience will be subdued , and they will concurr in an establishment , to which they will every day be more reconciled . they will find it will take away the objections which are now thrown upon them , of setting up 〈◊〉 masters without having ever been apprentices ; or at least , without having served out their time . mankind naturally swelleth against favour and partiality ; their belief of their own merit maketh men object them to a prosperous competitor , even when there is no pretence for it ; but where there is the least handle offered , to be sure it will be taken . so in this case , when a gentleman is preferred at sea , the tarpaulin is very apt to impute it to friend or favour : but if that gentleman hath before his preferrment passed through all the steps , which ought to lead to it ; that he smelleth as much of pitch and tarr as those that were swadled in a sail-cloth ; his having a scutcheon will be so far from doing him harm , that it will set him upon the advantage ground : it will draw a real respect to his quality when so supported , and give him an influence and an authority infinitely superior to that which the meer seamen can ever pretend to . when a gentleman hath learned how to obey , he will grow very much fitter to command ; his own memory will advise him not to exact unreasonable things ; and for smaller faults , not to inflict too rigorous punishments : he will better resist the temptations of authority ( which are great ) when he reflecteth how much he hath at other times wished it might be gently exercised , when he was liable to the rigor of it . when the undistinguisht discipline of a ship hath tamed the young mastership , which is apt to arise from a gentleman's birth and education , he then groweth proud in the right place , and valueth himself first upon knowing his duty , and then upon doing it . in plain english , men of quality in their several degrees , must either restore themselves to a better opinion both for morality and diligence , or else quality it self will be in danger of being extinguished . the original gentleman is almost lost in strictness , when posterity doth not still further adorn by their vertue : the scutcheon their ancestors first got for them by their merit , they deserve the penalty of being deprived of it . to expect that quality alone should waft men up into places and imployments , is as unreasonable , as to think that a ship , because it is carved and gilded , should be fit to go to sea without sails or tackling . but when a gentleman maketh no other use of his quality , than to incite him the more to do his duty , it will give such a true and settled superiority , as must destroy all competition from those that are below him . it is time now to go to the probationary qualifications of an officer at sea ; and i have some to offer , which i have digested in my thoughts , i hope impartially , that they may not be speculative notions , but things easie and practicable , if the directing powers will give due countenance and encouragement to the execution of them : but whilst i am going about to set them down , tho' this little essay was made to no other end , than to introduce them , i am , upon better recollection , induced to put a restraint upon my self , and rather retract the promise i made at the beginning , than by advising the particular methods , by which i conceive the good end that is aimed at may be obtained , to incurr the imputation of the thing of the world , of which i would least be guilty , which is , of anticipating by my private opinion , the judgment of the parliament , or seeming out of my slender stock of reason , to dictate to the supream wisdom of the nation . they will , no doubt , consider the present establishments for the discipline at sea , which are many of them very good , and if well executed , might go a great way in the present question . but i will not say they are so perfect , but that others may be added to make them more effectual , and that some more supplemental expedients may be necessary to compleat what is yet defective ; and whenever the parliament shall think fit to take this matter into their consideration , i am sure they will not want for their direction the auxiliary reasons of any man without doors , much less of one whose thoughts are so intirely and unaffectedly resigned to whatever they shall determine in this or any thing else relating to the publick . finis . good nevves for all true hearted subjects videlicet, the parliament goes on. / written by francis mussell, vintner. mussell, francis. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) good nevves for all true hearted subjects videlicet, the parliament goes on. / written by francis mussell, vintner. mussell, francis. sheet ([ ] p.) : ill. printed with licence, by r.h. for t.b. and are to be sold at his shop in the old bayly, [london] : . in verse - "though times be troublous, yet true peace i bring". reproduction of the original in the british library. eng england and wales. -- parliament -- poetry -- early works to . great britain -- history -- charles i, - -- early works to . a r (thomason .f. [ ]). civilwar no good nevves for all true hearted subjects: videlicet, the parliament goes on. / written by francis mussell, vintner. mussell, francis c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion good nevves for all true hearted subjects : videlicet , the parliament goes on . written by francis mussell , vintner . though times be troublous , yet true peace i bring to all who feare god , and obey the king . this emblem thus deciphers the intent , what by the ensigne and the booke are meant . the ensigne cleere above his head doth flourish , with joy to shew that god his flock doth nourish . the book presents to us the truth , in which w' are taught of god how to be truly rich : so to exemplifie and keepe out harmes , are barricado'd with the city armes . blest be our god above , whose preservation hath bin to us , to all mens admiration . soli deo gloria depiction of a man holding a banner with the blazon or coat of arms of the city of london good newes , true hearts , heare this , and be no longer sad : though things have bin amisse , yet now we may be glad : some were abusive , and too blame , yet all shall wel e're long reformed be , let 's blesse gods name : the parliament goes on . those that have been ill members in church and common-weale , and prov'd themselves dissemblers , their knaveries to heale , shall plainly be unmaskt , and then must suffer for the wrong , whereby they have opprest poore men , the parliament goes on . some would have brought curs'd popery into this blessed isle , with masses , crosses , foppery , 't was fear'd , within a while . their beads and holy-water were false , and smelt too strong : but better newes came after : the parliament , &c. no tricks of mans inventions can crosse our just desires , though base be the intentions of iesuites and friers , that would obscure , if they knew how , the truth of every tongue ; but they 'l be more discover'd now : the parliament , &c. where sneake your lame projectors that did mens means devour , the common-wealths infectors , whilst they had any power . poor children oft might want their bread , by tricks they snatcht it from them ; but such rascalls names are spred . the parliament , &c. the iudge unjust doth tremble , when truth doth come to light ; nor dares stay to dissemble , but run away by night . the conscience will declare most cleare , what mischiefes men have done ; for now things plainly do appeare , the parliament goes on . such men as have been faithfull to god , king , state , and land , though vitious men be hatefull , yet honest men will stand , to venture coine and goods , nay this , their life , even all they can , for truths sake , and true hearts that wish the parliament goe on . alas we helplesse commons , our hearts began to bleed , to sweare to the new cannons , et caetera , indeed : we might inthral'd our selves thereby if such a thred we'ad spun : but we had grace them to deny , the parliament goes on . thus were we pincht and streitned , nay almost stupify'de in sence , yet now well wakened by the true supreme guide , who never any heart forsakes , which ever rests upon god , and his cares to him betakes : the parliament goes on . to take the protestation , good subjects strive and chuse ; no friends unto our nation i thinke them that refuse . religion must be perfect pure , not wavering to turne , then god will be with us , be sure , the parliament , &c. the king , queen , and royall progeny , god blesse with many yeares . lord , to this nation ne're deny good honest noble peeres ; that wee reposing all our trust , in thee may flourish still : then all our foes shall be acurst , in hatching any ill . the members of our parliament , lord give them happy dayes , with grace and truth , with one consent , direct in all their wayes , that all may for thy glory stand , vnto eternity , lord crowne them in the blessed land , amen , amen , say i. ¶ printed with licence , by r. h. for t. b. and are to be sold at his shop in the old bayly . . notes, typically marginal, from the original text notes for div a e- chr. . iam. . iam. . ● matt ▪ . a vindication of the army under the command of his excellency sir thomas fairfax concerning a pamphlet lately printed and published, intituled, heads presented by the army to the kings majesty. rushworth, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a vindication of the army under the command of his excellency sir thomas fairfax concerning a pamphlet lately printed and published, intituled, heads presented by the army to the kings majesty. rushworth, john, ?- . sheet ([ ] p.) printed for john wright at the kings head in the old bayley, london : . the pamphlet "heads presented by the army to the kings majesty" is false scandalous, and injurious to us, and has never been sent by the king -- cf. steele. order to print dated: die lunae . julii . signed: joh. brown cler. parliamentorum. reproduction of the original in the british library. eng england and wales. -- parliament. heads presented by the army to the kings most excellent majestie, on saturday, june the . -- early works to . great britain -- militia -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a vindication of the army under the command of his excellency sir thomas fairfax, concerning a pamphlet lately printed and published, intitu rushworth, john a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of the army under the command of his excellency sir thomas fairfax , concerning a pamphet lately printed and published , intituled , heads presented by the army to the kings majesty . whereas we finde a pamphlet lately printed and published , bearing the title of , heads presented by the army to the kings majesty , on saturday june the . . though we think it will of it selfe appeare such a confused headlesse peece , so surreptitiously crept forth , and in such a pure pamphlet dresse , as we hope it will gaine little beleefe to our prejudice : yet to avoid any jealousies or doubtfull thoughts which it might possible breed in any honest minde , we cannot but take notice of it , and for the vindication of the army doe hereby declare , that the said printed pamphlet is most false , scandalous , and injurious to us and this army : neither hath there beene any such paper presented to his majesty by or from this army . and the same we professe and declare with great detestation , concerning another written paper , whereof we had a copy shewed to us yesterday by the commissioners of the city , intituled , articles agreed upon betweene the king and the army , the . of iune . and we desire all that wish well to this army , or the king or parliament , or peace of this kingdome , that they would doe their best to finde out and discover the authors and publisher of the said paper and pamphlet , or any thing else of that nature that may be divulged concerning the army , to interrupt or prejudice the present setling and composure of affaires . and we hope it will not be further needfull or expected from us , that we should give particular answer to every such scandalous paper , which the malice of our enemies may forge against us , but that what we have published to the world in our representation and other papers avowed by us , may serve to cleare our intentions , untill we shall appeare to act something to the contrary . by the appointment of his excellency sir thomas fairfax and his councell of warre . signed john rushworth . wickam iuly . . die lunae . julii . ordered by the lords assembled in parliament , that this vindication of the army be forthwith printed and published . joh. brown cler. parliamentorum . london printed for john wright at the kings head in the old bayley . . to the right honourable the high court of parliament. the humble petition of edward hanchett, usher of the late court of wards and liveries. hanchett, edward. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honourable the high court of parliament. the humble petition of edward hanchett, usher of the late court of wards and liveries. hanchett, edward. sheet ([ ] p.) s.n., [london : ] imprint from wing. annotation on thomason copy: "decemb. ". reproduction of the original in the british library. eng england and wales. -- court of wards and liveries -- early works to . debt, imprisonment for -- england -- early works to . a r (thomason .f. [ ]). civilwar no to the right honourable the high court of parliament. the humble petition of edward hanchett, usher of the late court of wards and liveries. hanchett, edward. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable the high court of parliament . the humble petition of edward hanchett , vsher of the late court of wards and liveries . humbly sheweth unto your honours , that your petitioner did purchase the office of usher to the court , to him and his heirs for ever , at the rate of l. it being an office of inheritance granted by letters patents under the great seale of england . about . yeares after that your petitioner was possessed of the said office , the high court of parliament were pleased to take away the said court , but in their justice thought fit , that the officers of the court which had their places by letters patents under the great seale of england , should have a competent satisfaction for the losse of their offices , and in order thereunto , referred it to a committee of their own members to consider and make allowances to the severall officers , who did upon serious consideration allow to your petitioner the sum of l. for the losse of his said office . the great officers of the said court were members of parliament , and did procure the satisfaction allotted to them ; your petitioner had the same justice for him , but not the same friends . notwithstanding the said order and vote of the house , and your petitioners constant , and faithfull adhering to the cause and interest of the parliament , even in their greatest extremities , your petitioner being sent for by the late king to execute his office at oxford , upon paine of losing it , and refused to go , to the hazard of his utter undoing , if the king had prevailed , and your petitioner as yet hath had no recompence . your petitioner borrowed a great part of the money that purchased the said office ; upon the dissolution of the court your petitioner was disabled to pay his debts , and was soon after clapped up prisoner in the upper bench , and there hath remained ever since , to his utter ruine and destruction , having sold all his goods and personall estate to maintain himselfe and his wife , and satisfie his creditors what he could , that now your petitioner is in a very said condition , not able to subsist , his friends having been wearied with so long supplying his great wants and necessities , unlesse this honourable parliament be pleased to consider his cause that crieth for their justice , and afford him such reliefe as their wisdomes shall think convenient . and your petitioner shall ever pray , &c. a vindication of the imprisoned and secluded members of the house of commons, from the aspersions cast upon them, and the majority of the house, in a paper lately printed and published: intituled, an humble answer of the generall councel of the officers of the army under his excellency thomas lord fairfax, to the demands of the honourable commons of england in parliament assembled: concerning the late securing or secluding some members thereof. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a vindication of the imprisoned and secluded members of the house of commons, from the aspersions cast upon them, and the majority of the house, in a paper lately printed and published: intituled, an humble answer of the generall councel of the officers of the army under his excellency thomas lord fairfax, to the demands of the honourable commons of england in parliament assembled: concerning the late securing or secluding some members thereof. prynne, william, - . , - [i.e. ] p. printed for michael spark an [sic] the blue bible in green-arbour, london : . attributed to william prynne. a reply to "the humble answer of the general councel of officers of the army, under his excellencie, thomas, lord fairfax", dated jan. . the last four pages are numbered , , , . annotation on thomason copy: "jan: ". reproduction of the original in the british library. eng england and wales. -- army. -- council. england and wales. -- parliament. -- house of commons -- expulsion -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a vindication of the imprisoned and secluded members of the house of commons, from the aspersions cast upon them, and the maiority of the ho prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of the imprisoned and secluded members of the house of commons , from the aspersions cast upon them , and the maiority of the house , in a paper lately printed and published : intitvled , an humble answer of the generall councel of the officers of the army under his excellency thomas lord fairfax , to the demands of the honourable commons of england in parliament assembled : concerning the late securing or secluding some members thereof . psal. . , . commit thy way unto the lord , trust also in him , and he shall bring it to passe . and he shall bring forth thy righteousness as the light , and thy judgement as the noon-day . london , printed for michael spark an the blue bible in green-arbour . . a vindication of the imprisoned and secluded members of the house of commons , from the aspersions cast upon them and the majority of the house in a paper lately printed and published : intituled , an humble answer of the generall councel of the officers of the army , &c. to the demands of the honourable the commons of england , &c. after our being secluded , and some of us imprisoned , and detained from our service in the house of commons ( of which we are members ) now for above six weeks space ; finding a paper published in print against us , wherein we are reproached with the names of traitors , apostates , self-servers , corrupt members , and divers other aspersions of the like nature charged upon us ; we are enforced ( for our vindication , and which is dearer to us , the vindication of the freedom and honour of the parliament , and for preventing the matters suggested against us in that paper from abusing those by whom we are entrusted , who might judge us guilty , if should be silent ) to make this ensuing answer to that paper . in the preamble of this answer , by way of accompt , concerning the securing some members , and secluding others ; it appears by the proposals of the sixth of december , the late declaration and remonstrance therein cited , that this designe to break the house by force hath been long since plotted and contrived , though not executed untill now . which action the general councel of the army in their answer say , we acknowledge it to be a course in it self irregular , and not justifiable but both by honest intentions for publick good , and an extraordinary necessity for the same end leading us thereunto . these being the two pillars upon which is laid the whole weight of the justification of the army in this extraordinary and ( we beleeve ) unparallell'd course of proceedings ; we shall apply our selves to discover the weaknesse and unsoundness of them both . for our more clear proceedings herein , we shall first state the case which is endeavoured by this paper to be justified . they are an armie raised and formed by ordinance of parliament of the of february , for the defence of the king and parliament , and true protestant religion , the laws and liberties of the kingdom ; and to be from time to time subject to such orders and directions as they shall receive from both houses of parliament . and for that end they stand commissionated by them , and receive pay from them at this day . and besides the trust they hereby have assumed , they are under the obligation of a solemn covenant sworn to almighty god , that they will in their places and callings ; with sincerity , reality and constancy , with their estates and lives , preserve the rights and priviledges of the parliament , and the liberties of the kingdome ; and defend the kings person and authority in the defence of the true religion and liberties of the kingdom . they being under these trusts and ? obligations by and to the houses , with their arms , contrary to their orders , marched into westminster , and without any order from them , they placed some of their regiments at and about the door of the house of commons upon the sixth and seventh of december last , and there ( with a list of the names of divers members of the house ) their officers and souldiers ( appointed for that purpose ) forcibly secluded some , seized upon , imprisoned , and detained others from their attendance of the house , and occasioned many others to absent themselves . the question now is , whether any thing in this paper can justifie this action of theirs , either upon the good intentions or necessity pretended therein . this being the point in issue , which they affirm , and we deny : we shall now proceed to consider their grounds . for their good intentions , which cannot be known to us but by their expressions and actions , they referre us to their proposals , declarations and remonstrances : where wee finde their desires are to take away the kings life , to take away the lives of the prince and the duke of york ; at least , to dis-inherit both them and all the kings children ; to put a period to this parliament ; to set up a new representative , which takes away all parliaments ; to have an elective king , if any . these are the intentions for publick good , which must come in to help their actions , that are confessed to be otherwise irregular and unjustifiable . we think the very naming of them doth manifest , that they are apparantly against the laws of god , and the laws of the kingdom under which they live , and have no justification for themselves , much lesse any to spare for their actions ; whereof we leave the whole kingdome ( for whose good , as said , these intentions are ) to be judges . and we shall produce no other witnesse to prove this , but themselves . on the of november , , the paper called the agreement of the people , which is somewhat lower then these which they call intentions for publick good , was condemned by the army ; the promoting of it judged capitall , colonel rainshorough and major scot complained of by them to the house for appearing in it , and the paper it self then adjudged by the house destructive to government , and the being of parliament . and upon this their evidence against themselves we leave this point . and to proceed to the other ground of their justification , viz. extraordinary necessity , which is laid down in their paper thus : after they have brought in their good intentions for their justification , ( and what those are , we have cited out of their own papers , to which they refer us , ) it is then added , and an extraordinary necessity for the same and leading us thereunto . it appears in the first opening of this necessity , of what nature it is , that tends to such ends as they referre it . but for the better disquisition thereof , before we come to the particulars to set forth this necessity in this paper , we shall lay down some generall observations and conclusions concerning this their plea . . the army made the very same plea of extraordinary necessity in their remonstrance june . , that now is made in this paper , upon quite contrary grounds then what they expresse now ; and both to justifie the same extraordinary violent proceedings against the parliament : differing onely in degrees , this later worse then the former . then when the king was seized upon by a party of the army , without order from the house , and the army advanced against the parliament , they say in their letter to the house july the , , there have been severall officers of the armie , upon severall occasions sent to his majestie : the first , to present to him a copy of the representations ; and after that , some others to tender him a copie of the remonstrance : upon b●th which the officers sent were appointed to ●leer the sense and intentions of any thing in either paper whereupon his majestie might make any question . there they treated with the king ; and now they offer violence to the parliament for treating with the king . then in their remonstrance ju● . . , it is said , we ch●rly professe , we do not see how there can be any peace to this kingdom firms or lasting , without a due consideration of , and provision for the rights , quiet and immunities of his majesties royall family , and his late partakers . now they judge the majority of the house corrupt , and proceed violently against them for moving one step towards a peace with the king , though he hath granted more then all their proposals , and make this a necessity sharp enough to justifie the using of their swords contrary to their commissions . this were cause enough to make the unsoundnesse of this plea of necessity appear to all the world , and even to be suspected by themselves , that serves to justifie contradictions which they are put to , by making themselve judgess of those things they have no calling to meddle with ; and taking them out of those hands to whom of right it belongs to judge them . . this plea of necessity which is made in this paper , is destructive to all government . for by the same reason that the general officer urgeth necessity for acting against the command and persons of his superiours , and makes himself judge of that necessity ; the inferiour officer may urge the same necessity in his judgement to act against the commands of his generall ; and the souldiers may urge the like for acting against their officers ; and any other men in the kingdom to act against the army ; and this army to act ( as against this parliament , so ) against any other government of representative that shall be set up ; and so in infinitum . . did the members of parliament proceed in parliament contrary to their trust in the judgement of those that did elect them : yet it is manifest , that the power of advising , voting and acting being placed in the members of parliament by the law of the land , and ancient rights of parliament , they are not accountable , much lesse censurable for the use of it according to their own judgment and consciences , though contrary to theirs that chose them . they are only in such cases accountable to , and censurable by the house ; which they could not reasonably be , if they were cens●rable by the people that sent them . for then the parliament might judge that good service , which the electors judge evill : & è convers● , the electors may judge that evill which the house may judge to be good ; and so no man can be safe or free in the service of the parliament . but were power and trust placed in the members of parliament by law , only to be used or not used , valid or null , at the electors judgment ; yet in such case the members of parliament were only accountable to the counties , cities or boroughs for which they serve ; and not to strangers : and in no case are they accountable to the army ; who are so far from being those from whom they received their trust , that they are only persons in a subordinate trust under them , for their defence from force . which how well they have performed , we leave to the judgment of all those who observe their present proceedings . . these actions , which they undertake to justifie , are contrary not onely to their trust , but to the express letter of the covenant and protestation which they have taken . and breach of oath being a morall evill , it is not to be justified by necessity and good intentions . saul , though a king and thereby qualified to do justice ; yet for executing the gibeonites against a covenant made many hundred yeers before , and gained subtilly by the gibeonites , who were not of the children of israel , but of the remnant of the amorites ( with whom he might presume to be more bold ; ) and though he did this in his zeal to the children of israel and judah ; yet this necessity in his judgment , for publick good , could not warrant him ; god brought a famine upon the land for this breach of covenant , which ceased not untill it was expiated by the death of seven of his sons that did commit it . see here by this instance what legacy they by their present actions may leave to their posterity . having thus laid down these considerations of this plea of necessity in generall , it thereby appears , should we say no more , though we should be guilty of the ●ensuing particulars with which we are charged , yet they could not be innocent , nor justified in what they have done against us . but for 〈◊〉 furth●● clec●●●g , and their further conviction , we come now to enquil● in●● those particulars in this paper , in which they h●ld forth the necessity that must bear them one ; wherein the question betwixt us , admitting necessity , would justifie th●●● proceedings is thus ; whether that which is assigned in the particulars following in their paper , be that necessity wherein we shall joyn issue with them , and freely put it to tryall upon the particulars following , which are six in number . but before we enter upon them , we must take notice of what is said from the end of the second page of their paper , unto the end of the fift page , wherein are used many words to shew how the majority of the house came to be formed to serve the kings , and other corrupt interests . the sum of all which is , that by the endeavours of some whom they call old malignant members , and by the practises used in the new elections , there came in a flood of new burgesses , that either are malignants or ne●ters . to which we answer , that what is done by the majority of the house , it is the act of the whole house ; so what is done against the majority of the house is done against the whole house : and to the charge against the new burgesses , as it is cleer , the ordinance for new elections was not carried by those we call old malignants , ( if there be any such in the house ) except the major part of the house was alwayes malignants , and before the new election so , for the members which came in upon the new election , which are called neuters or malignants in generall , without fixing upon any one particular member , to which a 〈◊〉 all in generall were sufficient : yet we shall further adde , that of all those members of the new election , that are secluded or imprisoned , we know none but whose elections are allowed by the house , and who are proper judges thereof ; and who either by their services as souldiers for the parliament , or in their committees , or otherwise by imminent services or sufferings in their cause , gave a testimony of their faithfulnesse to the parliament before they were elected , which may free them from the name of neuters and malignants . and it were not hard to shew that many officers of the army who came in upon the last elections , are chosen by those places where they were scarce known , and wherein they have no interest of their own ; and by what other influence they obtained those elections , we leave it to themselves to judge , 〈◊〉 whom it is best known ; and so come to the first of those six particulars , wherein is assigned the extraordinary necessity to justifie their proceedings in their own words . first , the betraying of ireland into the enemies bands by recalling the lord lisle from his command there , and putting the best part of that kingdom , and where the parliament had the strongest footing , ( munster ) into the hands of inchequin a native irish man , who hath since revolted from the parliament , hath lately united with the irish rebels , and with them and ormond again , engaged with the king . to which we answer ; that if munster be that part of ireland wherein the parliament had the best interest , the lord inchequin did come in himself , and bring that interest to the parliament , whom he served against the irish rebels , and preserved a possession in munster for the parliament , during the heat of their wars in england , when they had little other interest in ireland , and lesse means to relieve them out of england . that the lord lisle was not recalled from his command there , but his commission for lord lieutenant of ireland expiring about the fifteenth of april . his lordship on the seventeenth of april took shipping for england . after the lord lisles departure out of munster , the lord inchequin proceeded successively against the rebels , and took from them many considerable forts and castles ; the garrison of oramanagh , capp●quin , the town and castle of dungarvan , the castle of calur , and others ▪ and upon the fourteenth of november following , at the battell of knocknowes he obtained one of the greatest victories that ever was gotten over the rebels army , under the command of the lord taff , wherein were taken of the enemies horse two hundred , slain of the foot four thousand ▪ officers taken prisoners sixty eight , arms fix thousand , the lieutenant generall slain : for all which , we refer the reader to the letters and papers concerning these severall services presented to the house , and by their orders published in print . these were such testimonies of his reality to the parliament long after the lord lisles coming out of munster ; that the house did not call it into question , and nothing to the contrary appeared to the houses untill the third of april . the army here having disputed the parliaments commands , the lord inchequin began to enter into remonstrances and engagements against the parliament , for which he made the remonstrances , engagements and declarations of the army the summer before , both the cause and president ; as by the relation made to the house , published in print , doth appear . we mention not these things in the least measure to justifie the lord inchequins revolt from the parliament , but have onely related the truth of the matter of fact , for our own justification against the charge in this paper , of betraying munster ; and we leave to the reader to judge , whether the army hath cause to complain of us , or reflect upon themselves for the losse of munster : and proceed to the second particular , viz. their endeavours to bring in the king upon his own terms , without satisfaction and security to the kingdom , viz. upon his message of the twelfth of may . and to this end , with so manifest injustice and indignity , to di●band the army , before any peace made or assured . for the engagement of the twelft of may , it is well known the house of commons upon the first knowledge of that engagement voted it to be treasonable , and afterwards both houses by ordinance of the seventeenth of december . put 〈◊〉 inc●patity , upon all those in or about the city of london , that entred into , or contrived , acted or ●●etted that engagement , of bearing any office in the city of london for that yeer ; which we take to be a sufficient evidence to prove us herein a right majority , as in other parts of their paper , they take the votes of the house to prove us a corrupt majority : the charge here lying onely in generall , and not fixed upon any particular . yet for our further cleering , besides the testimony we have given against the bringing in the king upon any such tearms , by our continued insisting upon far higher tearms , to which the king hath agreed in the late treaty ; we doe every one of us for our selves respectively , professe our utter dislike of that engagement , or any endeavour to bring in the king upon any engagement made or contrived without the house . and for what is said concerning disbanding of the army , we say , that the votes of the house , that eight regiments of foot , four of horse , and one of dragoons should be sent out of the army to ireland , which was desired might be in one entire body , and their resolution to contain ten thousand foot , and five thousand four hundred horse , under the command of the lord fairfax , for the necessary defence of the kingdom , ( as the state of affairs then stood in england and ireland ) as it was to no such end , as is alledged , but for the relieving of poor distressed protestants in i●eland , the easing of the heavy pressures lying upon the poor people of this kingdom , and an honourable and fit imploying the forces of that army to prevent the high distempers that since have ensued , so as it was no injustice nor indignity to the armie . to the third article , viz. that they endeavoured to protect the eleven impeached members from justice , and endeavouring with them to raise a new war . we say , that as we desire no other protection then our own innocency , and the laws under which we live , so we never gave any other protection to the eleven members , then what stood with law and justice . and for the mislending of two hundred thousand pounds , or the greatest part thereof , which w●● designed chiefly for ireland : we say , that about eighty thousand pound of that money was paid to mast●●nicholas loftus and others for the service of ireland and above fifty thousand pound to the treasurers at wa● , for the army ; which might with more reason be said to be misimployed , in regard there is an establishment for their pay another way , unlesse part of the army had gone to do ireland service for that money : then what the reformado officers and souldiers , who obeyed the orders of the house for disbanding , who received , pressed the more earnestly upon the house for part of their arrears , after their declarations and remonstrances by the army , for satisfying the arrears of all the souldiers in the kingdom were published . for the fourth article , their countenancing , abetting , and partaking wish the tumultuous violence of the apprentices and others against both houses of parliament . it seems strange to us , when they had this in their thoughts to charge it as a crime upon us , they did not think of what themselves are doing , and much more that they should urge the force offered to the house then ( which they declared horrid and treasonable ; ) to justifie the violence offered to the house by them , of a far higher nature . if it were a crim in the apprentices , why do the army the same thing ? if it were no crime , why doe they complain of us for abetting and partaking with it ? wherefore , we say , that there is not the least colour or shadow of truth ; and doe every one of us for our selves respectively utterly deny it . and for setting up a new speaker , the house of commons did no more then what in all ages hath been their undoubted right to do in the case of want of a speaker . and as to the ordinances and votes then passed , we should make a particular answer thereunto , but that by the ordinance of the . of aug. following , they are made void and null in themselves , which silences us for the present . for the fifth article , the holding correspondency , ingaging and assisting the tumultuous petitioners last spring , the rebellious ins●●rections in kent , the revolted ships , and prince of wales , and with the scots armie . we do every one of us for our selvel respectively denie the having any hand therein . having thus given our answers to those five particulars wherein the necessity is assigned , by which they endeauour to justifie their proceedings against us ; wee leave it to the judgment of their owne consciences , whether they doe not bear witnesse within them , that in all these particulars they have groundlesly accused us of those things of which they for the most part are guilty , and know us to be innocent . in these we have used the more brevitie , that we might be the more large upon the sixt section of the paper ; wherein they say , that when the army was dispersed and engaged in severall parts of the kingdome in opposing the enemies , suppressing the troubles these men had raised ; and when many faithfull members of parliament were employed abroad upon necessary publique services , and others , through malignant tumults about the citie , could not with safetie attend the house , then the corrupt and apostatizing party taking advantage of these distractions and diversions , which themselves had caused ; first recalled in those members , &c. then they recalled those votes for non-addresses , and voted a personall treatie with the king . to all which scandalous aspersions wee answer : that they are altogether groundlesse ; if there were any reality in what they would here insinuate , that the proceedings of this treaty were not by the concurrrence of the house , but surrepticiously gayned , by taking advantage of the absence of many faithfull members ; why doe they complaine then in other parts of their paper , that the majorit●e of the house is corrupt ? and take paines to shew , how the majoritie of the house came to be formed to serve the king and other coreupt interests , or what necessitie was there for them to force the absence of two hundred members of the house at 〈◊〉 ? for what i● done in this treat●e , if the complaint here be just , that 〈◊〉 proceedings thereunto were through the absence of the members that could not with safety attend the house , and for the distractions in the countries , which they speake of . it is manifest to all men , that heard the cryes of the countries at that time , who in part occasioned those distempers , even in the countri●a neerest and best affected to the parliament , who never , during the warre , exprest so high contempt to the authority of parliament , untill the like had bin first done by the armies quartering upon and amongst them a little before . and although the president was followed by sea and land , almost to the ruine of parliament and kingdome , yet those members ( if they meane such as are imprisoned and secluded ) which they most uncivilly and nuchristianly ) requite with the reproach of apostates , were many of them imployed and did improve the utmost of their interests in la●cashire , yorkeshire , lincolneshire , heref●rdshire , hampshire , suffolke , essex , london and surrey ) and many other parts of the kingdome , to quiet distractions and oppose insurrections , which the extremity of the armies proceedings had i● part occastioned . we never judged tumults , nor insurrections the way to peace and settlement . and for the charge of some of the eleven members , to have taken commissious from the prince , w●lay , and every of them for themselves affirming the charge of their taking commissions from the prince , or any other whatsoever , by verieu of his authority , is a most malicious and scandalous asperstion ; they abhorring to deviate in the least from what their primitive engagements were ; which they have from first to last continued in , and shall doe ( by gods assistance ) notwithstanding all calamnies cast on them , or sufferings ( though to the utmost ) for so doing . having thus cleared the entrance to the treatie from th●se prejudices laid in the way therunto ; we come to that vote of the house decemb. . that the answer of the ke●● to the propositions of both houses are a ●ound for the house to proceed upon for the settlement of the peace of the kingdome . of which they say , that though they advanced hither to attend providence for the opening some way to avoid the present evils designed , and introduce the desired good into the kingdome ; yee they said nor acted nothing in relation to the parliament nor any member thereof , untill by that vote passed decemb. . they found the corrupt majority so resolvedly bent to compleat their design in bringing in the king , &c. doe they call their threatning remonstrance sent to the house , and the declaration then published to explaine the meaning thereof divers dayes before this , a saying nothing in relation to the parliament ? and their marching up to the citie of london and westminster with so many regiments of the army , contrary to the order of the house , a doing nothing in relation to the parliament . by this it seemes the passing of this vote is the very point of that necessity , which they take to justifie all their present actings , in relation to the parliament . for before that passed , they say they acted nothing ; therefore we shall be more large upon this subject . we shall therefore first state the matter in difference betwixt the propositions of the houses and the kings answers . as the propositions to the king in the isle of weight contained in them all that security which the houses have judged necessary to propose for themselves , those that have adhered to them in the warres , and for the peace of the whole kingdome ; so the king granteth all those propositions in which the main security resteth , viz. his majestie granted the first proposition for taking off declarations , &c. as was desired . his majestie granted the third proposition concerning the militia , as was desired . his majestie consented to the proposition of irela . limiting the time of the parliam . disposing offices to . yeers . his majesty consented to such acts for publike debts and publike uses as should be presented within two yeeres , and incurred within the time . his majesty granted as it was desired to the proposition ●ncerning peers . his majesty granted the disposing of offices in england to the parliament , so that the time limitted exceed not twenty yeares . his majesty granted the taking away the court of wards , having l . per annum allowed in leiw thereof , to bee raised as the parliament shall think fit . his majesty granted to declare against the earl of ormonds power and proceedings after an agreement with his houses . the onely difference remaineth upon two propositions : that concerning delinquents , and that concerning the church . for the first of these , wee shall here set down that part of the kings ●●all answer , wherein the difference lieth . and his majesty doth consent , that the severall persons comprised in the said propositions shall submit to moderate compositions according to such r●tes and proportions as they and the two houses shall agree upon . the particulars whereof , his majesty leaves wholy to such agreement , desiring only that the rates and value may be mittigated and reduced to a more moderate proportion ; and his majesty will give way that the persons insisted upon by his two houses , shall be removed from his councell , and be restrained from comming within the verge of the king , queenes , and princes court ; and that they may not beare any office or have any imployment in the state or common-wealth , without advice and consent of both his houses of parliament . but his majesty cannot agree that those who do the contrary shall incurre such severe penalties , as to be guilty of high treason and forfeit their lives and estates without any capacity of pardon , as in the said proposition is contained there being a penalty legally implied upon the breach of any act of parliament , which his majesty intends not to disponce withall . as to the seven persons mentioned in the said votes to bee excepted , his majesty for the peace of the kingdom will consent that they may absent themselves out of the kingdom for such time us the two houses shall think fit , desiring neverthelesse that they may be admitted to composition for their estates ; and if any of them shall be proceeded against according to the ancient and established law of the kingdom , his majesty will not interpose to hinder any legall proceedings thereupon ; but that his majesty should joyne in any act for the taking away of the life or estates of any that have adhered to him , his majesty cannot with iustice and honour agree thereunto . as to all other persons mentioned in the propositions , his majesty will further consent , that they shall not sit or vote as members or assistants in either house of parliament , nor continue nor bee of his majesties privy councell , officers of state , or iudges , or in other offices without consent of both houses . as for all clergy men against whom any scandalous life can be proved , or other legall charges , his majesty wlll remit them to the law . but for all others who shall conforme to what his majesty and his two houses shall agree upon , his majesty conceives fit where their livings are void they may be restored to them , and where any other is incumbent in any of their preferments , that the party now outed of his living may receive a third part of the profits , unlesse he be otherwise provided , that thus the one may not want a livelihood , nor the other be outed of any living , untill some fitting preferment be found for eithor . in this answer , though the king doth not fully grant what the houses desire , yet he consents to joyne with the houses in making them incapable of bearing any office of publique trust without the consent of the houses . and for these , whom the houses propose to compound with the king leaves them to such compositions as they and the houses shall agree on , which is the conditioo they are now in ; the houses forceing composition upon none but by sequestration of their estates , which continues untill they compound . and for these whom the houses proposed to proceed against capitally , the king leaves them to a legall tryall , with a declaration , that he will not interpose to hinder it which satisfied , the maine grievance of the parliament ( as we conceive ) dedeclared in the beginning of their war concerning delinquents , which was not for that the king refused to joyne himself with the houses punishing of delinquents , but for that the king by force of armes protected delinquents from justice ; and all that the house did desire in the proposition concerning delinquents presented to the king at oxford , february . was that your majesty leave delinquents to a legall tryall and judgement of parliament . and wee see not what evasion from iustice is left to such as have made war against the parliament and law of the land , when the king first by a law declares the parliaments war to be just , and afterwards leaves these that had fought against them to the judg●ment of the ●awes . the second proposition wherein the onely materiall difference resteth , is that of the church , which standeth thus , viz. the houses proposed that a bill be passed for the utter abolishing of arch-bishops , bishops , &c. and for sale of bishops lands , that reformation of religion bee setled by act of parliament in such manner as both houses have agreed or shall agree upon : to which the king answers , that it is his judgement and conscience , that he cannot ( as he stands yet informed ) abolish episcopacy out of the church ; yet because he apprehends how fatall new distractions may be to this kingdom , and that he beleeves his two houses will yeeld to truth if that shall bè manifested to them , if convinced , his majesty doth again desire that there be a consultation of divines as he hath formerly proposed , and his majesty will suspend the episcopall power as well in point of ordination of ministers , as in that of iurisdiction , untill he and his two houses agree what government shall be establisht in the future . as for the bishops lands , though hee cannot consent to the absolute alienation of them from the church , yet he will agree t●at the propriety and inheritance shall by act of parliament be setled in the crowne to be declared in trust for the use of the church-men , to be imployed by his majesty , his heires and successours with advice of his two houses for the use aforesaid , and that leases shall be made for lives or years ( not exceeding years ) for the satisfaction of the purchasors and contractors according to his former answers , or reserving the old rents or other moderate rents for the maintenance of them to whom they did formerly belong , and for the future benefit of the church : and in all things else , his majesty refers himselfe to his former answers . and in his former answers dated october . . he consents to the taking away all arch-bishops , chancellours , commissaries , deans and sub-deans , and chapters , arch deacons , cannons , and prebendaries , and all chanters , chancellours , treasurers , succentours , sachrists , old vicars , new vicars of any cathedrall church , and all other their under officers , out of the church of england , dominion of wales , and church of ireland , in these answers ( as wee conceive ) the king takes away the government of the church by arch-bishops , bishops , &c. by his taking away their courts ; the bishops having no authority to convent any person , send for any witnesse , heare any cause , passe any censure or judgement , or exercise any acts of church government , but by and in their courts , which being by this answer abolisht , the government fals . and for their power of ordination ; though it bee not absolutely taken away , yet the exercise of it is susp●nded , so as it is equivalent , for the bishops can never exercise that power againe in england , untill they be restored hereunto by act of parliament ; and if that power had been absolutely taken away , yet if the king and both houses of parliament restore it , it is againe establisht : so that the maine desect in this answer is , in that the king agree● to settle the presbyteri●n government onely for three yeares , and that at the end of that time there is no government in the church ▪ untill it bee setled by act of parliament . wee professe herein that the kings answer comes farre short of what we desired , and of what we shall use our best endeavours fully to effect according to former engagements ; there being nothing wherein wee should more rejoyce , then to see as the power and purity of doctrine , so the beauty of order and golden reynes of discipline strengthned and establ●sht by a perpetuall law amongst us . yet the king consents to the s●●ling of this government in this answer for so long a time as the hou●es formerly in their ordinances presented to him at newc●stle , did themselves think fit to settle it . this b●ing the true st●te of the d●fference betwixt the kings answer and the proposi●ions of the houses for a safe and well grounded peace ( which were the subject of the houses debate , decemb. the th . ) we shall in the next place , before we come to those reasons , which induced us thereupon to vote that , &c. we shall premise first , by this vote the house did not determine ( as we conceive ) the having no further treaty with his majesty before a concluding and declaring of peace , nor was the houses so bound up hereby , that they could not propose any thing further , wherein the kings answers are defective , or from making any new propositions for the better healing our b●e●ches , or more safe binding up a just and righteous peace , which as it doth appeare by the words of the vote it selfe ; so it is also manifest to bee the full purpose and sense of the house therein , by their laying aside the former vote ( that the kings answers are satisfactory ) by a question upon a long debate . and at the same time framing and passing this vote , whereby they only lay hold of these large concessions , and declare their judgements thereupon against a breach with the king , and continuance of this unnaturall warre betwixt the king and his people , upon the difference at last by the blessing of god brought into so narrow a compasse . and this being a true state of the matter then in debate , and our sense in the vote that passed thereupon , wee judged it most consistent with our duties as christians , and our trust as members of parliament , to make this step ( having so much ground given us ) towards the happy settlement of thi● kingdom in peace . this being publisht in print to be so high a crime in us , as to justifie whatsoever the army hath done against vs , and god and man being appealed unto therein . we shall here lay down some of the considerations both on the one hand and on the other , which carryed our iudgements to the passing this vote . . the advantages by this proceeding towards a close with the king upon what hee hath granted , are the saving of the kingdome of ireland out of the hands of the bloudy popish rebels , and preserving it to the crown of england ; the regaining the revolted navie , and freedome of the seas ; the support of the ancient and well constitu●ed government of this kingdome , the honour of parliament in making peace after so troublesome a warre ; and in a word , the stoping the most sad issue of english bloud that ever was opened in this nation ; and the putting of the people of this kingdome into possession of greater security of their lawes and liberties against the over growing power of the kings prorogative , then ever any of our ancestors in the greatest of their successes could ever attaine unto . the consequences visible in our eyes , if we should upon the matter in difference have made a breach with the king are : . the deposing , if not the taking away the life of the king ; what miseries upon either of these have formerly ensued to this kingdome our own histories tell us . although for the latter ( which wee unwillingly mention ) there was never any president for it in this kingdome , nor ever made by any protestants in the world ; and we desire it may never bee done by any in this kingdome , being that , which from our harts we doe detest and abhorre . we cannot but remember in the end of our warre the day wherein god hath given vs prosperity , the declarations which we made in the beginning of our warre , and the obligations which we laid upon our selves and the kingdome when we were low . in the petition of lords and commons presented to his majesty by the earl of stamford &c. april the th . are these words , viz. that you will please to reject all councels and apprehensions which may any way derogate from that faithfulnesse and allegiance which in truth and sincerity we have alwayes born and professed to your majesty , and shall ever make good to the uttermost with our lives and fortunes . in a declaration and protestation of the lords and commons assembled in parliament , setting forth the cause and ends of their taking up armes , to this kingdome and to the whole world ; octob. . . are these words , viz. we the lords and commons in this present parliament assembled , doe in the presence of almighty god for the satisfaction of our consciences and the discharge of that great trust which lies upon vs , make this protestation and declaration to this kingdome and nation , and to the whole world . that no private passion or respect , no evill intention to his majesties person , no design● to the prejudice of his just honour and authority , engaged vs to raise forces , and take up armes against the authors of this w●rre , wherewith the kingdome is now inflamed ; and we have alwayes desired from our hearts and souls , manifested in our actions and proceedings , and severall humble petitions and remonstrances to his majesty , professed our loyalty and obedience to his crown , redinesse and resolution to defend his person , and support his estate with our lives and fortunes to the uttermost of our power , &c. a declaration of the lords and commons , in answer , &c. concerning the allegations that the army raised by the parliament is to murther and depose the king , we hope the contrivers of the declaration or any that professeth but the name of a christian could not have so little chari●y as to raise such a scandall , especially when they must needs know the protestation taken by every member of both houses , whereby they promise in the presence of almighty god to defend his majesties person , the protestations made by the members of both houses upon the nomination of the earle of e●●ex to be generall , and to live and die with him , is exprest that this army was raised for the defence of the kings person . in the solemn league and covenant , for reformation and defence of religion , and honour and happinesse of the king ; thus having before our eyes the honour aend happinesse of the kings majesties person and his posterity , we shall sincerely , really and constantly , through the grace of god , endevour in our several places and callings , to preserve and def●nd the kings majesties person and authority , in the preservation and defence of the true religion and liberties of the kingdom , that the world may beare witnesse with our consciences that we have no thoughts or intentions to diminish his majesties just power and greatnesse , &c. and it appeared not unto v● to be consistent with the publike faith of the houses in those decl●rations , nor with other obligations which we have laid upon our selves by these oa●hes , covenants , & prote●●ations ; to hazard ▪ the deposig of the king from his crown & dignity , much lesse the losse of his life upon the making of a breach upon the matter in difference . . we could not but foresee the apparent losse of the kingdom of ireland and extirpation of english protestants , and of the protestant religion out of that kingdom into the hands and power of pa●ists in arms there . we cannot but believe our tendernesse to make a breach of proceeding out of hearts desire to relieve and preserve the remnant of those poor protestants , which otherwise are like to be a prey to the popish rebels ▪ who are not satis●ied with the lives of many thousands of innocents ; whom they have already murthered , will justifie vs before god and men for what we have done in endeavouring to lay hold upon the grounds given vs towards the settlement of peace . . we could not but apprehend with fear , the great advantage to the popish and forraign interests , and the disadvantage to the protestant cause in this kingdom and throughout the world ▪ by a breach . the prince and duke of york the two next heirs to the crown and government of three kingdoms , both in for●aign par●s and under the 〈◊〉 direction . if the warre be stilll continued by the parliam●n● upon the matter in differenc● , it may be feared the prince may marry with the daughter of a popish king ostrengthen himself both at land and sea by forraign alliance ( to which the right of his inheritance to three kingdoms , is a faire invitation ) unto which the popish interest in ireland prevailing , giving such an advantage , together with the assistance of the papists in this kingdom ; what can be expected for vs but to be certainly the the seat of warre , and in great danger to be brought under a popish yoak ? which we beseech almighty god to keep us from . : it is obvious that a breach made at this time upon the grounds afore-mentioned , as it will divide vs amongst our selves , hazard the losse of ireland ; so it is like to lay a foundation of a perpetuall breach betwixt these two kingdoms of england and scotland . if there should bee any thought of change of government here , how contrary are their declared principles both of their state and church thereunto ? the king of england is king of scotland , and they are under allegiance and covenants for the preservation of the kings person and his posterity as well as we : what diff●rences are l●ke to ensue betwixt the kingdomes , by government against gov●rnment , perhaps title against title , and one kingdom against the other ? and this kingdom being the more wealthy , most probable to bee the seat wherein all the tragick sceans and contentions betwixt both kingdoms shall bee acted ; & what have we in reason or conscience before god or man to beare us out against these many and eminent hazards ? wee had consideration of the vast debts which the kingdome lies under , and for which the publique faith stands ingaged . of which wee see no hope of payment , but by a settlement . what vast summes of money are owing to this army , and to all the souldiers in the kingdom ? what multitude of extream sufferers in this city ▪ and in every county of the kingdome , by what they have lent to , and lost for the parliament ? who by the continuance of the warre are onely like to bee paid with more sufferings and exactions , upon what is yet left them : and every yeers warre is like to make new malignants through discontenting pressures ; destroy more families ; increase the publique debt to be paid ; and withall increase the kingdomes wants , and make it the lesse able to pay , untill at last the souldier seeing no hope of pay , the people no hope of peace , but generall and desperate tumultuousnesse , fall amongst both , by laying hold of what is now agreed might bee prevented , the king having agreed to what is satisfactory for the payment of publique debts , and damages , which yet may in good measure bee performed to satisfie the souldiers , lenders , and sufferers , and ingage them to the interest of our peace . lastly , when we cast our eyes upon all parts of the kingdome , the present scarcity in the countries , the povertie and disorders in our cities ; or when wee look at sea , and behold our navy divided ; our merchants robbed ; our trade decayed , confusion threatning us on every side , these made our bowells yerne within us , and call aloud upon us to improve the season and advantage offered by this vote . before wee conclude this point , wee must give answer to an objection which they insinuate ( to aggravate the passing this vote , by us in these words , viz. although the king had finally denyed such things , from some of which by their covenant ( whereto they had pretended so much zeal ) and from others by their publique faith given , they were obliged nos to recede . by which this paper seems to glance at the proposition for abolishing of arch byshops , byshops , &c. for sail of their lands , and for settling the presbyterian government . we cannot but observe its said their coven●●t ( and not the covenant ) to which they pretended so much zeal . is it not their covenant who have taken it as well as ours ? we say we took the covenant without any equivocation , or mental reservation ; and by gods assistance have endeavoured and shall indeavour to continue faithfull therein , although they seem here to scorn both it and us . if they make this objection with any sincerity here , what is meant in the third page of their paper by these words viz. div●ns of those whose principles were more complyant to a closure with the king upon satisfaction in the particular matiers especially concerning the form of religion and church government which they mainly aff●ct●d . there they suggest that wee fall in with malignants to obtain the church government , which wee affect , and here they insinuat : that we break the covenant in not insisting more for it . but for the covenant , wee say the kings answer takes away church government by arch bishops , bishops , &c. by taking away their courts , and so farre takes away their power of ordination that it can never be revived again , but by an act of parliament : so that episcopacy is divested of any actuall being by the law of the land , and instead thereof the presbyterian government is put into possession by a law for three yeares . and wee say , that the king having granted the rest of the propositions and so much in this , the covenant doth not oblige us to make warre upon this point to gaine what wee desired after the three yeares , and shall really and constantly endeavour to obtain in our places and callings . nothing could have made the kingdome more irreconsileable to the presbyterie then to have made that the sole obstruction of the peace , and state of warre● and it is evident ( except wee should put out the eye of our reason ) that besides the hope we might have of his majesties comming neerer to us in this point , and in the covenant it selfe , upon our comming neerer to him in the absolute concluding and declar●ng of peace ; the parliament , by what is granted already , is put into a better capacity for setling presbytery by a perpetuall law , then ( as things now stand ) they can reasonably presume of by the continuance of warre . the power of the sword apparently threatning not only the destruction of this government of the church ▪ but the being of the church ( if almighty god prevent not ) by striking at the foundations of our faith , contemning conscientious ministers and ministery it self , taking away their maintenance ; obstructing the reformation of the universities ; slighting of learning ; and professedly promoting a most licentious toleration for all manner of errors , heresies , schismes and prophaness in the kingdome . this being our present condition , we hope we shall be sufficiently cleared from the least suspition of declining in our zeal to the covenant , which we have taken , in what we have done . for the publick faith passed upon the sale of bishops lands ▪ we say , that though the purchasers might have afforded to have give● the same rates for their purchases , if they might have had them assured to them by act of parliament●for years , and such moderate ●ents reserved , as the king ●●timated in his answer : yet , according to his answer , expressing further a satisfaction to be given to them ; we should not have consented to any such act of parliament , for setling the remainder in him , and ensuring the said rents , until the purchasers ( who were in possession , and still held by the same title , under which they bought them ( should be satisfied . and in case they should not be so satisfied , we were not by the said vote concluded from insisting further for a full confirmation of their purchases , having never actually agreed with the king upon any such terms ; but prest● it is the last to get a full confirmation thereof , and only voted that this was a sufficient ground to proceed further . and now we appeal to the purchasers themselves , whether we ought to have made an absolute breach upon this point , or thereby should have performed our publique faith to the whole kingdome and themselves . as to what is said , that the corrupt majority would not lend an eare to admit a thought towards the laying down their own power , or rendring it back to the people from whom they received it . wee answer , that this is an unreasonable objection , by them who endeavours to perpetuate an army upon the kingdome : nor is the continuance of this parliament objected at large : but that we are not willing to render our power back again to the people , by which means ( as their other papers and actions tell us ) a new representative made by the army ; so that the complaint in effect is , that we are not willing to render the power put into us for the government of the kingdome , into the hands of the army ; which , wee con●esse , wee think wee ought not to doe . but as there is little doubt to be made that before an absolute conclusion of peace with the king , an act might have been had for putting a period in short time to this parliament : we for our parts , when the kingdome should had been in quiet possession of these propositions by acts of parliament , upon the conclusion and settlement of peace ; there are no persons living would be more desirous then our selves to put a period to our service in parliament , and leave it to the care of succeeding parliaments to preserve what , this hath gained to our posterity . wee should have ended this point here , but for one objection more ; which is made by their other papers against any agreement with the king , viz. that whatsoever the king grants in this treaty hee may plead force to breake it , and that for any thing can bee discovered , hee is like to use his endeavours to spoile us , by policy of what we have gained by the expence of so much bloud . for answer hereunto : we say first , that this objection lies against any agreement with the king , though hee granted all the houses desired or could desire ; and against any agreement betwixt king and people after a warre made . it can hardly be imagined , after such differences , but that for sometime animosities will remain , and a disposition in those who thinke they have lost any part of their power to regain it ) it being naturall to all men in power to increase their power ) that this objection lay as strong against all former treaties with his majesty for peace after the warre began , and against the declared end of the parliaments warre , ( and of all just warre ) a good peace with his majesty . but more particularly wee say , that the weight of this objection , depends only upon an uncertain conjecture of what may or may not bee hereafter , and the former experience , which this kingdome hath had in keeping such agreements , made in the heat of former differences , strengthened us against the feare of the danger of it . and though sometimes the kings of this realme , and particularly this king , have adventured to weaken their owne grants for a time , yet they have ever beene regained with advantage , obtained and enjoyed in the times of peace . the usuall means whereby any of the kings of this land have made encroachment upon the good laws granted to the people , and their own agreements , have been either by placing corrupt judges , or other ministers in the courts of justice . who , though they could not abrogate the law : yet they have made it speak against it self , and their good for whom it was made , or else by the power of preferring corrupt courtiers to honour and profit , to stop the course of justice by the councell-table for a time . both these meanes are taken away from this king , by what is agreed on in this treatie . the first , in the proposition placing the choice of officers in the parliament ; whereby as they have the lawes they desire , so they have the choice of the judges and officers that must administer them . and the second , in the proposition barring the king from making any new lords for the future to vote in the house of peeres , without the consent of the houses . which are a strong security against a politicke , as the m●litia in the houses is against a forceable breach of this agreement . lastly , we say , that it cannot be expected of any agreement should be made for peace settled after such a civil war , without some hazard of violation or interruption . but whether the hazards and dangers be a breach upon such termes as are now in difference betwixt the houses propositions and the kings answer , be not more and greater , and whether ( in case endeavours should be used hereafter to violate this agreement ) the parliament might not then with more justice , and greater advantage draw the sword , then they can now keepe it unshathed upon the matter in difference : wee leave it to all sober minded men to judge . and to what is said , that they wanted not good intelligence , that had they been suffered to meet all in the house but once more , it was designed to have passed some higher resolutions to lay further foundations of such new quarrell , so as to carry therein the name and countenance of parliamentary authority together with the kings , and acceptable pretence of peace , to draw men in , and then to have adjourned the parliament for a long time , the exclusion of all remedy in the case but by another warre . wee say the house at the passing vote upon the kings answers immediately appointed a committee to goe to the generall and conferre with him and the officers of the army , to keepe a good understanding betwixt the house and the army . which shewed the full intent of the house to proceed by all amicable wayes with them , not by force , but by reason . which they were so far from attending unto , ( as in duty and conscience they ought to have done , and to which the lord generall promised his readinesse , however it was hindered afterwards . ) that they seized upon one of the commissioners appointed to treat with them ; affronted another of them , and left no way for any conference , that might have given them the the grounds of the houses proceedings ; which gives grounds of suspi●ion , that they were resolved to do what they had designed , whatsoever the houses had endeavoured to the contrary . thus we have the more largely opened the thoughts of our hearts for their satisfaction ( if it be possible ) and especially for the satisfaction of those that intrusted us in what we have done upon the result of this treaty , and in passing that vote d●●●mb . . that the answers of the king to the prepositions of both houses , are a ground for the house to proceed upon for the settlement of the peace of the kingdome ; for which wee are charged to betray our trust ; to bee selfe-servers to complect her in our wicked designs , and the like , for betraying our trust , as our faithfulnesse hath appeared by our services and sufferings ; so wee hope it will not be accounted belonging our trust to endeavour the obtaining of a just peace ; and for serving our selves , our owne hearts beare us witnesse , that wee had not respect in this vote , or any private byasse towards our selves : so all that know what threatnings were cast into the house , in the anmi●s remonstrance and declarations in the entrance upon this debate , what power of the army was then in this city , what language was commonly spoke amongst the souldiers ? what guards we then had , will judge that we had more cause to be byassed by fear● from doing our duties , then at that time to thinke to serve our selves by such a vote as this , to which nothing but the forceable impulse of our consciences for the discharge of our duties could have led us . and we now appeale even to the consciences of those , even the army themselves ( although souldiers ) whose advantages arise by warre , are not altogether the most competent judges of constitutions for peace . ) whether this were to bring in the king upon his owne termes , or upon the kingdomes termes ? whether the sixt and last particular of their account , be ground of necessity to warrant their extraordinary course in secluding us from the house ; carrying us along the streets of this city by their souldiers , as if wee were their captive slaves ; and to imprison our persons , and reproach our names . and to what they say in the close , that these members , who are yet detained in custody , they are either such who have beene formerly impeached , and ( in part ) judged by the house for treason , and other crimes , and never acquitted ; and against whom , they can , and very shortly shall produce new matter of no lesse crime , or else such who have appeared most active and united in councells with them , against whom also they are preparing , and shall shortly give matter of particular impeachment . wee say , as wee doubt not but by what wee have said already , wee yet stand cleare in the judgements of all men that are guided by the rules of religion , lawes , or reason ; so when all , or any of us know what are those new crimes , they say they can charge some of us with ; and what those charges are , they say they are preparing for others ; and when we know who those some and others are , we doubt not but they will make their innocency and integrity appeare against those crimes and charges which they have either in pretence , or in preparation against them . lastly , the army who hath done this against us , and have strengthened their hands to pursue it ; say , they appeal● to god : and wee also appeale unto god ( who is our strength , and besides him wee have none other to cleare our innocency , and protect us from violence . if in what we have endeavoured , wee may bee instrumentall to the settling of this kingdom in a safe and well grounded peace ( wherein truth and righteousnesse may flourish ) if we may contribute to the saving of ireland ; the union betwixt the kingdomes of england and scotland ; the peservation of the parliament ; the government , and lawes of the land ; the true protestant religion , and the liberties of the people : wee have our hearts desire . but , if instead of union and peace in the three kingdomes , the seeds of a longer and more wasting warre is sowne ; if in stead of reformation of religion 〈…〉 and 〈◊〉 〈…〉 and that government by the sword instead of law slavery and 〈◊〉 instead of liberty b●● our portion at the end of six yeares warre , ( which we tremble to thinke of ) wee shall humbly submit to the mighty hand of god , who in judgement for our sinnes , and the sinnes of the nation , reacheth out this cup of his sore displeasure to us . and in the midst of the greatest troubles , have this to comfort us , that we did our endeavours according to the best of our judgment and consciences towards the prevention thereof ▪ and for the settling this kingdome in a safe and well grounded 〈◊〉 . a list of the imprisoned and secluded members . imprisoned . maj. gen. rich. browne , col. john birch , thomas boughton , esq john ●ulkley , esq francis buller , esq sir henry cholmeley , sir john clotworthy , commissary lionel copley , john crew , esq francis drake , esq sir walter earle , knight . nathanul ●ines , esq sir gilbert gerrard , baronet . francis gerrard , esq thomas gewen , esq giles greene , esq sir harb●t . grimstone , baronet . sir rob. harley , kn. of the bath . col. edward h●rley , sir anthony i●by , knight . richard knightley , esq sir martin lister , knight . major robert harley . col. edward leigh . thomas lane , esq william lewes , baronet . sir samuel luke , knight . major gen. edward massey . sir john merrick , knight . sir richard ane●●●e , knight . henry pelham , esq william priestly , esq william prynne , esq sir robert pye , knight . sir benjamin ruddyard knight sir thomas soam● , knight . edward stephens , esq col. william strode . john swinfen esq charles vaughan , esq edward vaughan , esq sir william waller , knight . clement walker , esq thomas viscount w●nman ▪ william wheeler esq secluded . mr. p●regryne hobbye , mr. john holcroft , mr. george horner , mr. thomas hodges , mr. william jones , col. william jepson , sir norton knathpole mr. james cambell , mr. capell luckinge , sir martin lumley , mr. cha. pym , mr. henry peck , sir john pagrove , sir philip parker , sir william playters , mr. john pelham , s●r thomas pelham , sir n●vile p●●i , mr. edward pool , sr. edward 〈◊〉 , sir thomas parker , mr. tho. povy , mr. henry oxenden , mr. arthur anes●●o , mr. arthur owen , sir dudley north , sir robert needham , mr. john nash , sir nicholas martin , sir tho. middleton , mr. tho. middleton , sir oliver luke , sir william l●tton , mr. henry lucas , sir william lister , mr. john ash , mr. robert packer , mr. john harris , sir john seimor , mr. samuell vassall , sir robert napper , sir roger north , mr. tho. grove , mr. john selman , mr. herbert hay , mr. robert genner , sir john burgen , col. john barker , mr. john nelthorpe , mr. william outfield , mr. william ellis , mr. edward wingate , mr. john whadden , mr. thomas wa●●r , sir richard win , mr. richard winwood , sir edward askew , sir ralph ashton , mr. mathew allen , mr. john alford , mr. michael bi●ulfe , mr. peter brooke , col. ●●hn booth , mr. mor. bartow , mr. john buller , sir ambrose brown , sir thomas trever , mr. sim. thelwell , secluded . mr. thomas thinn , sir john temple , mr. thomas temple , mr. john thomas , mr. samuell terrick , sir humphry tufton , mr. edward thomas , sir . john corbet , edward lo. clinton , sir john curson , sir thomas dacres , col. william davies , mr. john dodrigde , mr. thomas earl , mr. william edwards , mr. charles rich , sir william spring , mr. simon snow , mr. thomas sands , mr. george scut , william lord fitz-william , mr. william hoxwist , col. john floid , mr. richard gennings , mr. thomus gell , mr. francis gawdey , mr. samuel gardner , mr. henry hungerford , mr. denzill ho●lis , sir francis hollis . with sundry others driven away . imprimatur , joh. langley . jan. . / . finis . notes, typically marginal, from the original text notes for div a e- sam. , . page . page . . the six distinguishing characters of a parliament-man address'd to the good people of england. defoe, daniel, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. national characteristics, english. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the six distinguishing characters of a parliament-man . the six distinguishing characters of a parliament-man . address'd to the good people of england . and that in respect of some matters of the highest importance to this our kingdom , we do intend to give directions for the calling a new parliament , which shall begin , and be holden at westminster , on thursday the sixth day of february next . vide proclamation . london : printed in the year mdcc . the six distinguishing characters of a parliament-man . good people of england , the disuse , or distrust of parliaments in the four last reigns , was the nation 's general grievance ; and 't was but lately that parliaments were consulted in the matters of highest importance to the kingdoms . this was the destruction of that mutual confidence between king and people , which is so essential to the prosperity of a nation . parliaments were call'd together , a long speech , and great pretences for money open'd the session ; and as soon as the end was answer'd , they were sent home about their business . if they began to show their resentments , and appear sensible of their being impos'd upon , if they began to search into the intriegues of the court , if they began to question favourites , and ministers , they were equally certain of being dismiss'd . now to show us what kind of a nation we are ( that according to the old character of an englishman ) can never tell when we are well , providence has chang'd the scene . former kings have been addressed by their parliament to make war against the french , and money given by millions to carry it on , and have had their money spent , and no war cou'd be had . now we have a king that has fought our battels in person , and willingly run thro' all the hazards of a bloody war , and has been oblig'd to use all the perswasions possible to bring us to support him in it . former kings wou'd stand still , and see the french over-run flanders , and ruin our protestant neighbours , tho' the parliament & people have intreated them to assist them , and save flanders from the falling into the hands of the french. now we have a king , who solicites the people to enable him to preserve flanders from falling into the hands of the french , and to stand by and assist our protestant neighbours . and we on the contrary are willing to see the french and popish powers , unite and possess flanders , and every thing else , and glad the dutch are in danger to be ruin'd ; nay , so willing we are to have the states general destroy'd , that damn the dutch , is become a proverb among us . formerly we had kings who raised armies in times of peace , and maintain'd them on sham pretences of a war never design'd , and received aids from the parliament three times for the disbanding one army , and having spent the money , left the parliament to do it themselves . now we have a king who against his judgment , and , as it now appears , against the nation 's interest , consented to disband the army at the first word from his parliament , tho' he left all the most powerful of our neighbours with their forces in full pay , formerly we had kings who did what they pleas'd , now we have a king who lets us do what we please . and yet englishmen are not contented , but , as it were with our saviour , when our kings come eating and drinking , they cry , behold a glutton and a drunkard ; and now they have a king that comes neither eating or drinking , they cry out , he has a d — l. 't is a vain thing to pretend to open the eyes of the english nation , but by their own immediate danger , any body might ha' known in former times what the issue of a popish successor would ha' been , and some wiser than others told the people of it , and were rewarded with the ax and the halter for their news . but when that popish successor came to the crown , and had reduced the liberties and religion of the nation to the last gasp , then those very people , who cou'd not see their danger at a distance , took a fright when it was upon them , and what was the consequence ? nothing but all the blood and treasure of this last war. had the nation seen with the same eyes as the late lord russel , earl of essex , and the oxford parliament , did see , could they have been convinc'd by argument that it was inconsistent with the constitution of this protestant kingdom to be govern'd by a popish prince . cou'd the b — ps , who threw out that bill , have known that a popish king wou'd erect a high ecclesiastick commission court , and send them to the tower for refusing him a power to dispence with the laws , this war had been prevented , and the blood of english protestants , who have perished in it , had been sav'd , all the ships our merchants have lost to the french , had been safe , and the many millions of money , which have been spent , had been in our pockets ; all this is owing to the blindness of that age , who cou'd not see the danger of the nation , till it was just upon them . now , gentlemen , this is to give you notice , that the nation is in more danger at this time from abroad , than ever it was then in at home . the king in his proclamation for the calling a parliament , has done two things which no king his predecessor ever did in our age. first , he has told us that he has such a confidence in his people , that he is very desirous to meet them , and have their advice in parliament . secondly , he tells us , that what he will advise with them about are matters of the highest importance to the kingdom . matters of the highest importance to a kingdom must relate to some of these things , peace and war , the safety of religion , liberty and trade ; at least it will be allow'd that these are matters of the highest importance to the kingdom . now , tho' i shall not adventure to explain his majesty's meaning , yet i may be allow'd to build the following discourse on the supposition of this explication : and venture to suppose his majesty had said , that the danger the protestant religion seems to be in from the formidable appearance of the french power , and the danger our trade is in from the succession of spain devolving to the house of bourbon , and the danger of a new flame of war breaking out upon our confederated neighbours , whom our interest , as well as leagues and alliances , oblige us to assist ; all these things being matters of the highest importance to the kingdom , he has resolv'd to call a new parliament , to advise with them about these important things . and because the circumstances of affairs are such , as may bring us under a necessity of armies , which people are so mightily afraid of ; and that the condition the breach of our army has left us in has been such , that if another shou'd be wanting to defend us , 't is a question where it cou'd be rais'd . wherefore our proper defence , may be one of the important things , for ought we know , about which they are to advise . and because the debate of an army is a tender nice point , i shall explain my self ; i do not mean that a standing army shou'd have been kept up in england in time of peace , but , i say , it had been better for england and all europe that we had not disarm'd our selves so soon ; and if we had disarm'd , that we had not so entirely done it all at once ; whereby we rendred our selves so despicable , that the french king has had an opportunity to affront the whole confederacy , in renouncing a league ratify'd and exchang'd , and taking possession of a crown for his grandson , on the new invented title of a last will and testament . this he wou'd not have adventur'd to ha' done , had the english been in a capacity to have possess'd flanders , and to have appear'd at sea , to have protected the princes of italy in their adherence to the emperor . but the english having reduc'd themselves to such a condition , that whenever the french , or any body else please to quarrel with us , we must be a considerable while before we can be in a posture to act offensively , and the french having so insulted us in the affair of spain , that it will stand as an effectual proof , whether we are in a capacity to resent an affront or no ; his majesty , who , when in a much lower station , did not use to suffer himself to be so treated , has thought fit to advise with the english parliament in the case . by advising with the parliament , i understand , informing them of the state of affairs , telling them his own opinion , and asking theirs , proposing the measures he thinks fit to take , and desiring their opinion of the matter , and if they agree with him in the measures which are to be taken , then to propose their making provision in a parliamentary way , for enabling him to prosecute such measures as they agree to . for to debate and consider matters of so much consequence , the king has directed writs for the calling a new parliament , to meet at westminster the sixth of february next . since then the matter is referr'd to the people of england , and they are to chuse representatives for so great a work , as to advise with a protestant king about things of the highest importance to the kingdom , give a stander-by leave , gentlemen , to offer something to the people of england , by way of advice or direction , in the great affair they have before them , and if it be with more freedom than is usual , bear with him for once , because 't is about matters of the highest importance . the usual advices given in like cases , formerly ( when the elections of members were so corrupted , that indeed advice was necessary , tho' hopeless ) use to be , to chuse men that had estates , and men of honesty , men that had interests in the freehold , and in the corporations , and that wou'd not give away their liberties , and the advice was good : and had the country taken that advice , the p — wou'd not ha' been huff'd by king james into a tacit permission both of a standing army at home , and the dispensing the popish officers continuing in commission without taking the test . but my advice must differ from , tho' it must include part , of the forementioned particulars ; and therefore while i am directing these sheets to the freeholders of england , i beg them to consider in their choice of parliament-men , that there may be men of estates , and men of honour in the countries , who by some circumstances may not be proper to serve in this parliament , because by prejudice or private principles their judgment may be pre-engaged to the disadvantage of the nation 's interest ; and since there are such , 't is necessary , gentlemen , to caution you , first , that you be well assur'd the gentlemen you shall chuse are throughly engag'd with the present circumstances of the nation , and thoroughly satisfied with the present establishment of the government ; as papists are justly excluded by law from coming to parliament , because it cannot be expected that a roman catholick can be a proper person to consult about the interest of a protestant kingdom , so it cannot be rational that he who is a declar'd friend to king james or his interest , can be a proper person to advise with king william about matters of the highest importance to the kingdom ; it cannot be rational , that he who wou'd be willing to have this nation return to her obedience to a popish king , can be a proper person to be consulted with in parliament about securing and defending the protestant religion ; this were to pull down what we intend to build , and wou'd be as proper a way to help us , as a french army maintain'd in england , wou'd be proper to defend us against lewis the xiv . those men that drink healths to king james , and wish him all manner of prosperity , are they fit men to represent a protestant nation , and to advise a protestant prince for the security of the protestant religion ? wherefore , gentlemen , for god sake , and for your own sakes , take heed , and set a mark on such men ; if you chuse men disaffected to the present settlement of the nation , friends to the late king , or to his interest , you may be certain , such men will pull back the nation 's deliverance , and hinder , not further that unanimity of councils , which is so much more needful now than ever , can the friends to a popish prince be fit to represent a protestant people , i have nothing to say to those we call jacobites , tho' i wonder any can be such , and yet be protestants ; but as to their persons i say nothing to them , no , nor to the papists , provided they keep the peace , but to single such out to serve the nation in a protestant parliament , and to advise with king william in matters of the highest importance , this is a thing so preposterous , is such a contradiction , that i know not what to say to it ; 't is like going to the devil with a case of conscience . even our adversaries cannot but laugh at the folly of the english nation , that they shou'd chuse their enemies to be their councellors , and think to establish king william , by king james's friends , nothing can sooner compleat the ruin of the kingdom , than to fill the house of commons with jacobite members , who will be sure to forward any thing that tends to division , in order to hinder the nations happiness , wherefore tho' i might imagine such advice to be needless , i must insist upon it , that you will avoid such men as either have discover'd a disaffection to king william , and the present settlement of the nation , or that have been upheld by that party . in the next place , gentlemen , let your eyes be upon men of religion ; chuse no atheists , socinians , hereticks , asgillites , and blasphemers . had the original of the late war been under the reign of such a body of men , england might have made a will , and given her crown to the duke d' berry , as spain has to the duke d' anjou , and have sought protection from the french. the danger of religion calls for men of religion to consult about it ; you can never expect that atheists , socinians , or asgillites , will have any tenderness upon their minds for the protestant religion ; jacobites will as soon support king william , as atheists will preserve the protestant religion ; what concern can they have upon their minds for the protestant religion , who really are of no religion at all ? they 'll think it hard to raise any money for the preservation of religion , who fancy all religion to be a trick , and the cheat of the clergy ; they can never think the danger of the protestant religion to signifie much , who wou'd not give a shilling to secure it ; and they will never give a shilling to secure it , who believe nothing of the matter ; besides this , what goods laws ? what reformation of manners ? what wholesome orders for the morality of conversation can we expect from men of no religion ? of all things therefore the members you chuse shou'd be men of religion , men of orthodox principles , and moral in practice , and that more especially now , because the security of religion not only here , but over the whole world , may lye before them , and have a great dependance upon their councils . . men of sence ; the house of commons is not a place for fools ; the great affairs of the state , the welfare of the kingdom , the publick safety , the religion , liberties , and trade , the wealth and honour of the nation , are not things to be debated by green heads ; the saying we have , that the house of commons is a school for states-men , is an error , in my opinion they shou'd be all well taught , and thoroughly learn'd in matters of the highest moment before they come there . there has always been a sort of gentlemen in the h — se who use to be called the dead weight , who pass their votes in the house as the poor ignorant freeholders in the country do , just as their landlord , or the justice , or the parson directs ; so these gentlemen understanding very little of the matter , give their vote just as sir such a one do's , let it be how it will , or just follow such a party , without judging of the matter . pray gentlemen , if we are ruin'd , and the protestant religion must sink in the world , let us do our best to save it ; don't let us have cause to say , we sent a parcel of fools about the business that fell into heats and parties , and spent their time to no purpose , for want of knowing better . of all employments a fool is the most unfit for a parliament man , for there is no manner of business for him ; he is capable of saying neither ay , nor no , but as he is lead . i desire to be understood here what i mean by a fool , not a natural , an idiot , a ben in the minories , a born fool , no , nor a silly , stupid , downright blockheaded fool : but men are fools or wise-men , comparatively considered with respect to their several capacities , and their several employments ; as he may be a fool of a parson who is a very ingenious artificer ; a fool of a clockmaker , and yet be a very good sailor ; so a gentleman may be a good horse-racer , a good sports-man , a good swords-man , and yet be a fool of a parliament-man , therefore so i am to be understood . that he who is capable to serve his country as a representive in parliament , ought to be a man of sence , that is , a man of a general knowledge , and receptive of the general notions of things , acquainted with the true interest of his native country , and the general state of it , as to trade , liberties , laws , and common circumstances , and especially of that part of it for which he serves ; he ought to know how to deliver his mind with freedom and boldness , and pertinent to the case ; and he ought to be able to distinguish between the different circumstances of things , to know when their liberties are encroached upon , and to defend them , and to know how to value a prince who is faithful to the liberty and interest of his country , and to distinguish such a one from those who have made it their business to oppress and invade the liberties and properties of the people , and betray them and their interest to popish and bloody enemies . . men of years ; tho' 't is confess'd wisdom makes a young man old , yet the house of commons is not a house for boys ; we have seen too many young men in the house , and rash councils are generally the effect of young heads . fools and boys wou'd do less harm in the house , and grow wiser by being there , were they but allow'd to sit , and not give their votes ; but while a boy may do as much mischief as a man , and a fool as a man of sence , 't is hard the material points of the nation 's happiness shou'd be committed either to young or weak heads . the grandeur of the present french monarchy is not unjustly ascrib'd to the extraordinary men , who are of the king's council . the parliament of england is the great council of the nation , and on their resolutions depends the prosperity both of king and people . now if these councils are committed to young heads , the proceedings will be suitable ; as he that sends a fool with a message must expect a foolish answer ; so he that sends a boy to market , expects to make a child's bargain . . men of honesty . it was formerly said , chuse men of estates ; the reason was , that they might not be tempted by places and pensions from the court , to sell the nation 's liberties ; and indeed the caution was good ; but , gentlemen , the case is alter'd , the court and the nation 's interest are now all of a side , which they were not then , nor indeed never were since queen elizabeth . the king desires we shou'd do nothing but what is for the security and prosperity of religion , and the glory of the nation ; the caution about estates can do no harm , but a man's estate does not qualifie him at all to judge of the necessity of giving . the article of estate was only suppos'd to make a man cautious what he gave , because he was to pay the more of it himself . now let a man have but sence to know when there is a necessity to give , and that sence back'd with honesty , if he has not one groat estate , he will be as cautious of giving away the nation 's money , as he would be of his own : to desire men should have estates , that their interest shou'd make them shy , and backward to give money , supposes at the same time they shou'd want both sence and honesty . sence , that they cou'd not value the nation 's money , unless they were to pay part of it themselves ; and honesty , that they wou'd not take as much care of giving away the nation 's money as their own . wherefore do but chuse men of honesty , and i do not lay so great a stress upon a man's estate . if there was any body to bribe them , something might be said , but that trade is over , ( god be thank'd ) king william has no need for it , and king james cann't afford it , and so that fear ceases . the last character i shall recommend for your choice is , let them be men of morals . rakes and beaus are no more fit to sit in the house of commons , than fools and knaves . 't is hard we should put the work of reformation into the hands of such , whose own conversation is vicious and scandalous . a drunken parson is a very improper agent to reform a parish , a lewd swearing justice is not likely to reform the country , no more is a vitious immoral parliament likely to reform a nation . reformation of manners is an article of the highest importance to the kingdom ; the king has recommended it to every parliament , and yet we find it very much retarded ; it goes on so heavily , that the proceedings are hardly visible ; and till you have a reform'd parliament , you cannot expect a parliament of reformers . unless our members are men of morals , we must expect very few laws against immorality ; and if there shou'd such clean things come out of an unclean , it wou'd be all hetrodox , and unnatural ; t wou'd be like a monstrous birth , the parent wou'd be afraid of it , and it wou'd be asham'd of its parent . besides , how can ye expect that god shou'd accept of the offering dedicated by impure hands ? the work can never be suppos'd to prosper while the undertakers plead for god , and at the same time sacrifice to the devil . 't is true , that god oftentimes works by unlikely instruments , but 't is not often that he works by contraries ; jehu was made use of to bring to pass the ruin god had foretold to the family of ahab , but 't was a josiah and a jehosaphat , for whom god reserv'd the work of reformation , and the destruction of idolatry . but allow that god may make use of improper methods , and unlikely instruments when he pleases to bring to pass what his providence has design'd , yet we are not to confine him to show his power , and oblige him to make use of such instruments , as he can have no pleasure in , least he shou'd think fit to refuse his blessing , and make the work abortive , or at least delay his concurrence to the work of our reformation , till we shall think fit to chuse such persons for the carrying it on , as are fit to be employed in so great a work. finis . new port september . . soit baillè aux seigneurs, a ceste bille les seigneurs sont assentuz an act which his maiesty hath promised his royall word to passe, for justifying the proceedings of parliament in the late vvar, and for declaring all oathes, declarations, proclamations, and other proceedings against it to be void. agreed on between his majesty and the commissioners, at newport in the isle of vvight. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) new port september . . soit baillè aux seigneurs, a ceste bille les seigneurs sont assentuz an act which his maiesty hath promised his royall word to passe, for justifying the proceedings of parliament in the late vvar, and for declaring all oathes, declarations, proclamations, and other proceedings against it to be void. agreed on between his majesty and the commissioners, at newport in the isle of vvight. england and wales. sovereign ( - : charles i) england and wales. parliament. england and wales. sovereign ( - : charles i) sheet ([ ] p.) printed by robert ibbitson, london : [ ] with engraving of royal seal at head of document. imprint date from wing. whereas the lords and commons have been forced to make war in self-defence, and certain oaths, declarations, and proclamations have been made against them, judgements given, and grants of their lands made. these are all void, and no man is to award any writ, or pronounce any sentence against any member of these houses for any such cause -- cf. steele. annotation on thomason copy: sept ye ". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no new port september . . soit baillè aux seigneurs, a ceste bille les seigneurs sont assentuz: an act which his maiesty hath promised h england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms cr diev et mon droit honi ◆ soit ◆ qvi ◆ mal ◆ y ◆ pense ◆ new port september . . soit baillè aux seigneurs , a ceste bille les seigneurs sont assentuz : an act which his maiesty hath promised his royall word to passe , for justifying the proceedings of parliament in the late vvar , and for declaring all oathes , declarations , proclamations , and other proceedings against it to be void . agreed on between his majesty and the commissioners , at newport in the isle of vvight . whereas the lords and commons assembled in parliament , have bin necessitated to make and prosecute a vvarre in their just and lawfull defence ; and thereupon oathes , declarations and proclamations have been made against them , and their ordinances and proceedings , and against others for adhering unto them , and for executing offices , places , and charges by authority derived from them ; and judgements , inditements , outlaries , attainders , and inquisitions , for the causes aforesaid , have been had and made against some of the members of the houses of parliament , and other his majesties good subjects , and grants have been made of their lands and goods : be it therefore declared and hereby enacted , by the kings maiesty , and by the lords and commons assembled in parliament , and by authority of the same . that all oathes declarations and proclamations , heretofore had or made against both or either of the houses of parliament , or any the members of either of them , for the causes aforesaid , or against their ordinances or proceedings , or against any for adhering unto them , or for doing or executing any office , place or charge , by any authority derived from the said houses ; or either of them , and all iudgements , indictments , outlaries , attainders ; inquisitions and grants thereupon made , and all other proceedings for any the causes aforesaid , had , made , done or executed , or to be had , made , done or executed , whether the same bee done by the king or any iudges , iustices , sheriffes , ministers , or any others , are void and of no effect , and are contrary to and against the lawes of this realme . and be it further enacted and hereby declared by the authority aforesaid , that all iudges justices of the peace mayors , sheriffes , constables , and other officers and ministers shall take notice hereof , and are hereby prohibited and discharged in all time to come , from awarding any writ , processe or summons , and from pronouncing or executing any judgement , sentence or decree , or any way proceeding against , or molesting any of the said members of the two houses of parliament , or against any of the subiects of this kingdome , for any the causes aforesaid . london printed by robert ibbitson . to the high court of parliament, of the common-wealth of england, scotland, & ireland. the humble petition of katherine stone, widdow, and henry stone, her son. stone, katherine, fl. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the high court of parliament, of the common-wealth of england, scotland, & ireland. the humble petition of katherine stone, widdow, and henry stone, her son. stone, katherine, fl. . snape, nathaniel. foxley, samuel. sheet ([ ] p.) s.n., [london : ] imprint from wing. in two columns; the second column is 'the answer of nathanael snape, and samuel foxley, to this petition, which is false and scandalous in divers particulars, as followeth'. annotation on thomason copy: "nouemb: ". reproduction of the original in the british library. eng snape, nathaniel. foxley, samuel. england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . decedents' family maintenance -- england -- early works to . attachment and garnishment -- england -- early works to . a r (thomason .f. [ ]). civilwar no to the high court of parliament, of the common-wealth of england, scotland, & ireland.: the humble petition of katherine stone, widdow, and stone, katherine b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the high court of parliament , of the common-wealth of england , scotland , & ireland . the humble petition of katherine stone , widdow , and henry stone , her son . sheweth , that sir henry ferrers , . may . mortgaged the mannor of skellingthorp in the county of lincoln to the petitioners deceased father john stone , and his heirs for l. and after in . l . more released his power of redemption . and the said john stone dying . the petitioner katharine is entituled to part as a jointure , and the petitioner henry the rest , as heir . that the petitioners respective interest past the examination ; and after great charges and trouble to the petitioners had allowance both in the countrey by the committee of parlament for sequestrations ; and again upon the re-examination by the comittee for sequestrations sitting in haberdashers hall ▪ london . that the petitioners rested themselves secure of their estates , being legally good and allowed by the said committees . but the said sir henry ferrers being put into the bill of sale as a delinquent , your petitioners knew nothing therof , and conceiving themselves quiet and secure , by reason of their title , and the said allowances , did not put in any claim , but as soon as they understood of any question of their said estate , and before any contract for sale , claim was lodged in the survey , and application made to the committee of obstructions , but the time being elapsed , the said committee could not relieve your petitioners , as they affirmed . since which nathanael snape and samuel foxley , who knew your petitioners undoubted right , and watched for an advantage , have applied themselvs to buy the said lands , wherupon your petitioners have made several addresses for relief to the late parlament , and to his highness the lord protector , before any contract in the premisses , and upon several references your petitioners case being thereupon stated , to be in truth as herein set forth , at last was referred by his higness to his council , but other weightier affairs entervened , so that your petitioners have not yet obtained a hearing : and matter of time and surprize , being the only means and hopes of advantage to their adversaries to strip your petitioners of their estate . your petitioners are inforced humbly to beseech this honourable house to take the sufferings and danger of a distressed widow and orphan into your pious and tender considration ( the petitioners being otherwise likely to be ruined and distroyed without any fault or offence before their cause can be judged ) and that in some such speedy way , as your other great affairs may permit , and the exigency of the cause in truth requires , and your petitioners shall pray , &c. the answer of nathanael snape , and samuel foxley , to this petition , which is false and scandalous in divers particulars , as followeth . . that release was not absolute but only in trust for performance of articles which stone did not perform , and note that stone was never possest of that release to this day , but it was left in the hands of sir henry ferrer's trustees where is still remains . besides at the time of the release made the lands was more than double the value of the whole money lent , and therefore impossible the release should be intended to be absolute . . note stone ( to deceive the commonwealth and produce the absolute deed by which the land was conveyed to stones trustees , but not the deed of defeazance , by which the deed was to be void upon payment of the l. and so ) by that devise stone got his claim allowed at the comittee of lincoln and haberdashers hall . . the purchasers knew nothing of stones pretended undoubted right , nor watched for any advantage ; for the land lay at least three quarters of year ( after it was surveyed ) with the trustees at drury house before any body came to buy it , and stone might have brought it in all that time if he would ; therfore that is false and scandalous . . the purchasors had contracted for the lands long before stone made any address to the parliament , or his highness : therefore that allegation in this petition is false also . and note that the commissioners for obstructions have not only judged the cause against the petitioners twice upon full hearing of him and his many councel ; but also afterwards his petition in parliament upon hearing of him and his council was dismist ; and his highness upon stones petition , having stayed the sale for two moneths , afterwards ordered that there should be no longer stay in the sale or possession by colour of his highness order . and note that stone and his father have ( as they are credibly informed by sir henry ferrers and others ) received the profits of the said lands above ten years , the lands being surveyed at neer l. p. an. which comes to about l . having ploughd up meadow and pastures , stones father hath received interest mony upon the mortgage l . he hath cut down woods , value l . and hath raised other great sums out of the lands , so that he hath had his principal and interest with a great overplus , and therefore need not complain . note also the manner how the petitioners katharine and henry stone gat the possession of the premisses from sir henry ferrers during his absence in the time of delinquency , which was not by legall way of tryal , verdict or judgement , but by the order of the said committee of lincoln only ( being deceived by stones not producing the said deed of defezance as aforesaid ) which committee also had then no power to allow titles or give possessions of delinquents estates , without order from the commissioners of sequestrations at westminster or haberdasher's hall . an historicall relation of the military government of gloucester, from the beginning of the civill warre betweene king and parliament, to the removall of colonell massie from that government to the command of the westerne forces by john corbet ... corbet, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an historicall relation of the military government of gloucester, from the beginning of the civill warre betweene king and parliament, to the removall of colonell massie from that government to the command of the westerne forces by john corbet ... corbet, john, - . [ ], [i.e. ] p. printed by m.b. for robert bostock ..., london : . wrongly ascribed in the wing catalogue to john corbet, - . "published by authority" errata: p. [ ]. reproduction of original in thomason collection, british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create 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such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- i, -- king of england, - . massey, edward, -- sir, ?- ? england and wales. -- parliament. great britain -- history -- civil war, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion an historicall relation of the military government of gloucester : from the beginning of the civill warre betweene king and parliament to the removall of colonell massie from that government to the command of the westerne forces . by john corbet preacher of gods word . published by authority . london , printed by m. b. for robert bostock at the kings head in pauls church-yard . . to the right worshipfull , the mayor , aldermen , and common councell , with the burgesses of the city of gloucester . gentlemen , silent and calme times , and an equall stream of secular affairs are more acceptable to men of the present age , because they are times of injoyment ; whereas the greater changes and confusions of the world do more delight posterity , or such as survive the trouble of those changes . for t is a pleasure to behold at such a distance the risings and falls of nations and their governments , as to see the raging sea from the secure land. and it doth not seldome come to passe that an universall concussion , and the shaking of the pillars of the earth , doth cast it into better frame and settle it on a firme basis : so that the men of the former age doe labour , and those of the later enter into their labours . even so , t is the calamity of these dayes to be engaged in such a warre and the wofull attendants thereof ; yet their felicity to be engaged for the highest interests in this life , which will exalt them , whatsoever the successe be ; and if prosperous , will make the faithfull in the land a perpetuall excellency , and the joy of many generations . the action of these times transcends the barons warres , and those tedious discords betweene the houses of yorke and lancaster , in as much as it is undertaken upon higher principles , and carried on to a nobler end , and effects more universall . and in this you have acted not the least part for a particular government to your owne safety and honour , and by a generall acknowledgement not a little to the preservation of the whole kingdome . wherefore out of abundant respect to my deare native place , having collected some memorials of its fidelity and industry , i humbly present them to your view , who were witnesses of , and bore a part in those performances . i remember my own thoughts when we were in the height of danger , and ready to fall into the depth of misery , that i did seeme to refresh my selfe in the conceipt of the future joyous remembrance thereof , when we should out live those extremities . and you also must needs be abundantly satisfied in reminding those manifold hazards and exegencies which you by patience and perseverance have in good measure overcome . for which cause this historicall relation , though it tenders it selfe to the review of all serious men , yet unto yours chiefly , that your ioy might be yet more full . neither ought we to be so iniurious to divine providence , as to bury or keep secret the influence and working thereof upon the endeavours of a willing people . hitherto you have runne well , nothing remaines but perseverance , that the concluding part may be blessed and honourable . let your city ever flourish and prosper under the protection of the highest . gentlemen , your humbly devoted servant , john corbet . leges historiae civilis aperte satis innuit franciscus verulamius notando plurima quae eam circumstant vitia . dum plerique narrationes quasdam inopes & plebeias conscribant ; alii particulares relationes , & commentariolos opera festinata , & textu inaequali consariant ; alii capita tantum rerum gestarum percurrant ; alii contrà minima quaeque & ad summas actionum nihil facientia persequantur : nonnulli , nimiâ erga ingenia propria indulgentia plurima audacter confingant : ast alii non tam ingeniorum suorum , quam affectuum imaginem rebus imprimant & addant , partium suarum memores , rerum parum fideles testes ; quidam politica in quibus sibi complacent , ubique inculcent , & diverticula ad ostentationem quaerendo narrationem rerum nimis leviter interru●pant : alii in orationum & conoionum aut etiam actorum ipsorum prolixitate parum cum judicio nimii sunt . haec omnia cautè vitantur in historia legitima & numeris suis absoluta . de augment : scient . l. . c. . errata . page . l. . r. tracke . p. . l. . r. in themselves . p. . l. . r. tender . p. . l. . del . and the river chained . p. . l. . r subtile . p. ib. l. . r. imaginary . p. . l. . r. quartered . p. . l. . r. winnie● hill . p. . l. . r. ledbury . p. . l. . r. yeelded to the drawing . p. . l. . r. role . p. . l. . r. lidney . p. . l. . r gloucester . other faults lesse materiall , let the courteous reader be pleased to correct . an historicall relation of the military government of gloucester . amidst the variety of action in the present age , the course of this military government was conceived not unworthy to be knowne unto more than them that acted , or beheld at a nearer distance ; onely the care of a true and meete representation held his thoughts , who hath now brought it to the publick light , and hazarded the censure of these knowing times . if i have fallen below the story , i shall neither begg acceptance nor crave pardon for a deliberateerrour ; neverthelesse to give an accompt of the designe is no more then that due which all may expect and challenge : onely the princes of learnings empire are authentick in the very name , and require an uncontrolled passe without a preface to ●ther them : but whosoever owes respect and d●●● to the world , his observance will plead for the necessity of a 〈◊〉 introduction . the relation therefore brings to remembrance the affaires of a particular command , which as yet hath not been the meanest part of the present warfare , the event wherof all christendome may expect with admiration and horrour ; t is one branch of the history of these times , which happily may be viewed in severall parcells better then in one entire body : for such a chronicle , if it shall duely expresse the rise and progresse of things , must needs be perplexed with multiplicity of interwoven discourses , when three kingdomes are ingaged , and no part in either of them stand free as spectators onely of the common calamity ; that the worke must either swell into a bulke mishapen and burdensome , or lye too narrow to comprize the severall parts in their just and perfect measures ; but many single narrations doe more exactly delineate , give the truest colours , and put upon things the most unsuspected visage . generall histories doe seldome approach the fountaine of action , and their glosse though beautifull , yet more dull cannot hold forth that native grace and lustre . whereas there appeare in particular branches those lively sparklings and more secret motions of life and heate , which strike upon that fancy and intellect that can behold and reach them ; besides , they that gather up so many divided plots ( as are now acted ) into one modell , are wont to endeavour after a smoother path , a greater harmony , and more exact symmetry of parts ; whereas the face of things is conscious of more disproportion , sometimes a confusion of businesse , and the severall scenes may easily swerve from the originall plot ; but the divided parts drawne in severall are not so constrained and rackt , but come naked and more simple , and shew that the reason of the same counsells is one in the senate or conclave ; another in the field , discovers the failing or the crosse-working of contrivances , how in the midst of action the maine land-markes are waved , and many grand projects never reach their period . out of all which the comparing faculty of a judicious observer may collect the mis-guidance or defects of policy ; and see how the pearcing subtilties of wit are broken and shattered by the course of things more knotty , rude , and and violent ; and this is the life of history , that ought to declare the delinquency of state as well as its accomplishment and perfection . if the materialls of the worke be questioned whether fit to be drawne up into one regular and compacted whole , and to make a standing monument , we also know that nothing in this kinde is to be thrust upon the world , since history doth intend to gratifie the future times with the remembrance of those things onely which prudent men desire , and claime from such as pretend an interest and portion in the treasures of knowledge ; it beares therefore before it nothing more then the thing it selfe gives forth , and which may finde acceptance with severer wits ; for not onely the remarkable changes of the universe , the grand periods of kingdomes and common-wealths , the chiefe and turning points of state-affaires , but particular plat-formes , lives , examples , and emergent occasions also , are to be observed and laid up for posterity . more yet , those particularities , and minute passages are they that come home to mens businesse , approach their experience , and guide their course ; but things more grand and lofty seeme to be turned upon the wheeles of providence ; too high for the imitation of men . the worke of a politick or martiall man is to fixe his designe , and then to expect the accomplishment , not by one sudden or great atchievement , but by a series of many particles , and through an infinite variety of emergent occasions , and at last the maine turning point falls in by the over-ruling power of the universall cause ; such are properly the workes of men into which they ought to enquire and search . besides , the chiefe skill is not the generall knowledge of the maine undertaking , but a certaine dexterity in meeting every point , in working through many mazes and windings , since sundry passages of small purport intervene to disturbe or promove it . experience tells , that many universall schollars are the most uncouth persons to civill imployment , which so happens , because they study bookes more then the course of businesse , in which they gaze upon high objects , and binde themselves to the riged observance of received canons ; that if they venture amongst men , upon a slight accident unexpected , they sticke in the mire or runne a wrong course . we dislike not the taking up of well tryed principles , onely by examples of all sorts must we learne to except and distinguish , and by consequence to use or abate the rigour of politicall maximes : neither doth it seldome come to passe that inferiour things over-rule , and a circumstance may be predominant . from such a low bottome and meane beginning are great things raised , and as their verticle point come in an instant , so may they be turned upon a weake and slender hinge ; yet we meane not those circumstances that are the inseparable attendants of every naturall action , but onely such as are worthy , and have a morall influence ; all which shun their understandings who respect onely great , and excelse objects , which peradventure may flourish with ostentation and pompe , but if applyed unto the life of man bring forth an effect like the birth of the mountaines . and here we tender a naked comentary and true rehearsall of those things as deserve not wholly to be forgotten ; if it be not full of rare changes which may grace the composure , and affect the reader ; yet doth it give the full draught of a martiall command , and a true copy of the things it intends to expresse : it hath this advantage it common with others of the like nature , that it can come forth to the censure of the present age without the guilt and shame of mistakes or flatteries . authors more universall could never gaine to be stiled the writers of unquestionable verities , for they see at a greater distance , and by a more obscure and duskey light : certainly a nearer approach , and some kind of interest is required of him that desires to shew not onely some tarcke and foot-steps , but the expresse image of things , for whatsoever passes from hand to hand though upon the most undubitable authority , proves at the best but the image of a picture : for the best wit that takes things though upon the surest trust , must needs fall short of the copy by which he writes , if not in beauty , yet in the truth and life thereof . the onely danger in such as are intressed is , least they be partiall to their own side , or make the discourse more lofty then the stage can reach ; which mischiefe the deliberate thoughts of a serious man can prevent , and tell him that the unvayling of the defects , and misfortunes of his owne party doth evince the sincerity of the relation , and graceth it with more variety , then what the continuall streame of the hight of gallantry and successe can yeeld ; and which is most of all , doth demonstrate that at some times the designe was laid upon the principles of reason , and prosecuted with industry , whereas continuall victory is attributed to a certaine hidden felicity , and the bounty of providence . affection therefore receives a check from that man who is more true to his owne faction and ends , then to transgresse against the honour of that worke he takes in hand . as for this military government , the power hereof hath rested in one command , and therefore doth more easily close into a single frame , yet not in a smooth and equall straine , but distinguished by many rises and falls : 't is a branch almost divided from the maine stocke , and hath been put to live and act of it selfe : neverthelesse a branch still , and enlivened by the authority of the kingdomes soveraigne power , from which it receives an influence both of support and guidance : but its distance from the fountaine of power had derived upon the trustee a more free command , and made way for the perfect worke of a souldier both counsell and action , which is the surest way to make such commands both active and prosperous . the seate hereof lyes in the heart of the enemies country , like a forlorn hope , and is maintained not so much for its owne sake , or that so much ground might lye under a parliament power , but to divide the kings association , to stop his recrutes , to scarter his forces , and continually to distract the designes of that army . experience is witnesse of how great concernment it hath been to the safety of the common-wealth , not one place in the kingdome of england hath so much exhausted the enemies army , nor hath the like advantage to ruine it : it can paine them at the heart , 't is a fire kindled in their bowels , that might eate out their strength , had it been the felicity of the state to have sent hither a part of those great supplies , which have been else-where expended , and done little towards the conclusion of the great worke . if this collection shall present any thing that comes home to a civill life , or the imployment of a souldier , if it shall bring to minde acceptable services , and cause the people to remember the day of small things , with the power of active and faithfull endeavours , that observe and follow the divine providence , i shall not faile of my end : and i know that this my adventure is no more then what the action doth deserve , and the world may challenge . the ingagement of the city of gloucester in this common cause of religion and liberty , first began when the houses of parliament declared to the kingdome their resolution of a defensive war : neither were its principall and active men drawne in by inferiour and accidentall motives , but quickened by the same principles in the maine , that did enliven and actuate the supreme court , expressing themselves the very motions of a parliamentary spirit by an absolute and greedâ compliance with every act that breathed towards the perfect health of the state , the severall remonstrances of both houses were received with all due respect , whereas no declaration sent from the other party , found the courtesie of a formall entertainment . it hath beene the honour of that civill government , never to be guilty of the least act of disservice against that cause which their hearts wish might prevaile and prosper . therefore when the fire kindled and fomented by jesuited papists and their adherents , was blowne up into a flame , and the heads of two parties appeared within this realme , the city of gloucester determined not to stand neutrall in action , but to adhere unto one party , with which they resolved to stand or fall , necessity requiring no lesse , which affection improves into vertue . the acknowledgement of its owne advantage in scituation and strength importuned a more timely declaration , least by it selfe neglected , it should be seized by the enemy , whose eâe was upon it , and so cast into perpetuall bondage . also the greatest part of the country consented and resolved to maintaine their birth-rights in the defence of the priviledges and power of parliament , against all invasions of usurpation and tyranny . during the kings preparaetions in the north , they attempted ( according to the slendernes of al beginnings ) to put themselves into a posture of defence , and exspected the instructions of parliament . and whereas the ordinance of militia was the first pretended ground of difference betweene his majesty and the houses , ( they desiring such officers in whom the state might confide , and the king refusing to deprive them that by himselfe were intrusted ) when the rent was once made , a greater necessity impleaded the execution of that ordinance : whereupon the lord say was by order of parliament appointed lord lieutenant : a commission was likewise granted unto divers gentlemen for deputy lieutenants , many whereof drew back and shunned the imployment , that the power for the most part rested in the members of the house of commons for this county , by whose countenance many companies of volunteers were raised , then called the militia bands , and led by such captaines as the embryo of the warre could afford . but the first undertaking was more jocund then the progresse ; as oft times it comes to passe , that a military pompe and appearance of bravery doth affect and raise up many feeble spirits , who quickly lye flat when they begin to feele the stubbornesse and cruelty of warre . the commission of array did not adventure to render it selfe to the people ; it was about to be offered to their liking at cirencester , by the lord chando's and some other disaffected gentlemen , but was stifled in the birth , and crusht by the rude hand of the multitude before it saw the light ; the chiefe abetter thereof was like to suffer violence by the meanest of the people , whose fury constrained him to promise , and give under his hand , that he would never more deale in the businesse . but when they saw that this lord had escaped their hands by a secret conveyance , they were the more enraged , and waxed cruell against his accoutrements and furniture , and whatsoevtr of his was left behind , delighting in a contumelious revenge and rustick triumph . such were the effects of that fury that tooke hold on the ignoble multitude , in whom not alwaies the deepe sense of their owne interests doth provoke this extasie of passion , but peradventure a slighter accident and unexpected turning of the fancy sets them in a hurry , when their insolency becomes intollerable , and they glory to vent their humours , by reason of an usuall restraint and subjection . neverthelesse they have produced good effects , and oft times a more undescerned guidance of superiour agents turnes them to the terrour of the enemy , and an unexplecable selfe-ingagement upon the common people , which prudent men promote and maintaine , yet no farther then themselves can over-rule and moderate . hereupon the full streame of the country runnes for the ordinance of the militia , and against the kings declarations and commission of array . but since we are now upon the beginning of action , it will not be from the matter to declare the grounds of that affection which the country did expresse , and were common unto them with many parts of the kingdome , that were devoted to the same cause , but might appeare in a greater degree , and have a clearer evidence in the present example . most men therefore did undoubtedly foresee greater hopes of liberty from the parliament then the kings party ; in so much that there appeared in all the states adhearents an inbred propensity to freedome , but a desire of vast dominion , dignity , revenge , or rapine in them that tooke to the contrary faction ; by which this country did seeme well disposed to comply with the parliaments grand designe : for there was no excessive number of powerfull gentry , who for the most part care not to render themselves the slaves of princes , that they also might rule over their neighbours as vassalls : but the inhabitants consisted chiefly of yeomen , farmers , petty free-holders , and such as use manufactures that enrich the country , and passe through the hands of a multitude , a generation of men truely laborious , jealous of their properties , whose principall ayme is liberty and plenty , and whilst in an equall ranke with their neighbours they desire onely not to be oppressed , and account themselves extreamely bound to the world , if they may keepe their owne ; such therefore continually thwart the intentions of tyrannie unto which they onely are moulded , who detesting a close , hardy , and industrious way of living doe eate their bread in the sweat of other men , and neglecting a secure estate , rejoyce rather in the height of fortune though inconstant and dangerous . such is the predominant humour of gentlemen in a corrupted age . besides , the country-man had of his owne , and did not live by the breath of his great land lord ; neither were the poore and needy at the will of the gentry , but observed those men by whom those manufactures were maintained that kept them alive . by which meanes it came to passe that neither they of the middle ranke , nor the needy were de voted to the examples of the gentlemen who turned back , betrayed their trust ( and are alwaies more apt to be corrupted , or mistaken in judging of the common interest ) but had learned to reverence their liberties , and to acknowledge their native happinesse . but some higher cause had a greater influence on the endeavours of many for a well-bounded freedome , and regular priviledges ; a knowledge of things pertaining to divine worship , according to the maine principles of the christian profession . which religion is not according to the will of man but grounded upon an unchangeable and eternall truth , and doth indispensably binde every soule to one law perpetuall and constant . this therefore doth strongly implead the necessity of externall priviledges in her professors , and though it doth not destroy the kingdomes of the world , nor usurpe a greater liberty then humane lawes will easily grant , yet it will not give away its native right ; and it hath moreover in its nature an irreconcileable emnity against arbitrary government , and will worke its selfe out of bondage when the felicity of the times shall give power and a lawfull call . and in this kinde of knowledge this city and county was more happy then many other parts of the kingdome by meanes of a practicall ministry , which hath not onely its powerfull working in divine things , but doth also inable vulgar capacities more fitly to apply themselves to such things as cenverne the life of a morall man ; and although each person thus informed reacheth not the depth of the reason , yet he can comprehend the truth thereof , and jealousie makes him the more quick-sighted . thus have we found that the common people addicted to the kings service have come out of blinde wales , and other dark corners of the land ; but the more knowing are apt to contradict and question , and will not easily be brought to the bent . for this cause the ambition of the times hath endeavoured the undermining of true religion , to promote a blind and irrationall worship , that might bring forth an ignorant and slavish generation of men , which kinde of bondage the meanest person that performes a reasonable service cannot but resent and feare . yet something there was that might debase and infeeble their spirits ( the plague and mischiefe of the whole realme ) a grosse ignorance , and supine neglect of military discipline , there being no ground for the study and exercise of armes that might keepe the body of the state in health and vigour . nor is it unlikely that extreame vassalage was the end of that long sluggish peace , when the nation could not have been more happy , then in some just and honourable warre with forraigne parts , though now none more miserable by reason of these civill broyles , that teare the bowels and eate up the strength of the kingdome . 't is no shame in the progresse of time to looke backe upon the beginnings of action . the trained bands accounted the maine support of the realme , and bulworks against unexpected invasions , were effeminate in courage and uncapable of discipline , because their whole course of life was alienated from warlike imployment , in so much that young and active spirits were more perfect by the experience of two daies service . wherefore these men might easily repine at oppression , and have a will to preserve themselves ; yet a small body of desperate cavalliers might over runne and ruine them at their pleasure . some professed souldiers were sent downe from the parliament to settle these and the militia bands , who had this onely according to the rules of warre , to be gathered under severall captaines , and many of them into the forme of a regiment , which disposition might fit them for a suddaine service , and the very posture conferre something of a warlike spirit . within the city of gloucester one company of volunteers was added to the trayned band , and some peeces of ordinance obtained from london and bristoll , which were then received with universall amazement by an inland people , though not long after they grew familiar with their terrible executions : meane while the city was open on three parts at least , and had no considerable defence , onely capable thereof by advantage of scituation : the citizens did mainely shew their care and affection in fortifying the towne , a worke both expensive and tedious ; being of great compasse , and raised from the ground : during these things the enemy came not neere our dwellings , we heard of them a farre off , but little thought that the cloud of blood should be blowne from the north and settle over us , upon whom it afterwards brake into so many showres ; that this place should become the seate of warre , and the stage of action ; that then lying open to a free commerce with the world , it should be shut up sometimes in strict custody , but still under a larger confinement , and beleagured at a distance in the midst of the kings head garrisons . at that time the rumours of warre and first acts of hostility quickly filled the eares and tongues of people , alarms were then taken at a greater distance , and the first was given from the neighbour city of worcester , by five hundred of the kings horse , which entred the towne , and at that season were not the least part of his majesties forces : his whole strength could not amount to the number of a just army , according to the slender proportion of those times , neither could they march like a set and perfect body , but flasht through the land as the lightning that strikes from one quarter of the heaven to the other . the noyse of a nearer enemy raised the volunteers of the country , who marched under the conduct of some gentlemen towards worcester , expecting to meete colonell nathaniel fiennes with a strength of horse , but colonell fiennes had faced the towne and drawne off before the advance of our foote , and they also retreated having done nothing , but so meanely prepared for the service , that they were much bound to the enemy that they fell not out of the city and cut them in peeces . the same volunteers came on the second time , and were to joyne once more with colonell fiennes , who returned with a greater strength of horse and dragoones under the command of colonell sands , and now also prevented our foot ; they attempted the onset , and approached the towne with much speed and confidence on the welch side of seaverne , supposing the earle of essex at hand to assault the other side ; but were meerely deluded by a false message from the enemy with a signall accordingly given , at which instant of time prince rupert arrived at worcester . by meanes of this deceit the horse rush upon an ambuscado , when through the straightnesse of the passage first over a bridge , then through a narrow lane , neither the reare could be brought up , nor the van make a retreat . 't was an hot skirmish , and performed with sufficient gallantry on our part by them that came up , where persons of value were slaine and taken , the rest wholly routed and fled in confusion farre beyond the reach of a persuite . this victory was of great consequence to the enemy , because the omen and first fruits of the warre . upon this the kings forces hearing of the approach of the parliament army immediately quitted the towne : so they shifted from place to place since their inconsiderable number would scarce allow them to erect any garrison ; yet they encreased by their motion and quick dispatch , gathered the strength of the countries as they passed along , and withall overcame the contempt of their small numbers , and by frequent execution gained the repute of a party not easily to be vanquished . this they acted while the parliament army lay still , or marched according to the slow paces of a greater body . the day after the skirmish the earle of essex entred worcester with his whole power , and there continued a moneths space , sent forth severall parties , as the lord stanford to hereford to prevent the forces of south-wales , whilst the king lay about shrewsbury , and raised himselfe to such an army as was able to deale with and endanger that maine power raised by the parliament . after the famous battaile at edge-hill , the first large field of bloud in these civill warres , though the kings army was there much broken , yet his strength increased , and multitudes began to looke towards him , as one at least-wise possible not to be overcome , and in this strange confluence of men his army seemed like that fabulous generation that sprung out of the teeth of the cadmean serpent buried in the earth . the neglected enemy becomes formidable , and the parliament forces may desire their first advantage , but have sufficiently learned that to give the first blow is not against the law of a defensive warre ; the hopes of a subitaneous service are lost and the kingdome is made sensible , that their peace and liberty will cost much bloud . both the armies begin to take up their winter quarters in the most defensible places , and for the most part are setled according to the affections and ingagements of the people ; colonell thomas essex marched into gloucester with the command of two regiments of foote as governour of the towne , but as yet the deputy lieutenants had the sole command of the county . foure weekes had not passed in this government but colonell essex was commanded to bristoll , to secure and settle that city of so great concernment , both by sea and land , and at that time much distracted between the well-affected and malignant parties . so it was , that the kings cause and party were favoured by two extreames in that city ; the one the wealthy and powerfull men , the other of the basest and lowest sort , but disgusted by the middle ranke , the true and best citizens . thus the present state of things had taught men to distinguish between the true commons of the realme and the dreggs of the people ; the one the most vehement assertors of publicke liberty , but the other the first rise of tyrannicall government , and the foot-stoole upon which princes tread when they ascend the height of monarchy . in that city many of the rich men were dis-affected to reformed religion , and some more powerfull were conscious of delinquency ; others upbrayded themselves with their owne publicke disgrace , and therefore did much distaste the waies of the parliament , and the needy multitude besides their naturall hatred of good order were at the devotion of the rich men . these therefore began to raise commotions , and hearing of the advance of the forces from gloucester , flocked together after a tumultuary manner , shut up the gates , but chiefly guarded that port where they expected an entrance would be made , and planted many ordnance against the approach of our men , with a full resolution to fire upon them . they were expected in the evening , but colonell essex had intelligence of these preparations , and from a party within was directed that night to march to another gate ( then neglected by the multitude ) that should be set open ; this was performed accordingly , and betimes in the morning he entred the city with his two regiments , besides great numbers out of this county , and in an instant surprized the mutineers , and quashed the businesse without drawing of bloud . the city of gloucester was againe left naked till the earle of stamford marched hither with his regiment of foot , and two troopes of horse from hereford , the earle himselfe was commanded into the west upon his first arrivall , but his regiment designed for this city under the command of lieutenant colonell massie , first as deputy governour under the lord stamford , afterwards with the power in himselfe which for the space of two yeares and sixe moneths continued an uninterupted and happy government . the providence of god and the felicity of the place so over-ruling , that that country which should endure the brunt , fustaine so many violent shocks , and beare up under the kings whole army should be defended by a commander , whose experience , fidelity , and valour with indefatigable care and industry might answer the expectation of so great a trust , assisted with that regiment , whose very name proved a terrour to the enemy , and long enjoyed the honour of the most ancient regiment in the parliament army , though broken , torne , and worne out with extraordinary duty and service . and because the meere pompe of military preparations , and the hopes of a sudden victory being now past , the warre hath put on a blacker visage , and the sad effects thereof come home to these parts ; it is meete to expresse what was the state of the country at that time . the inhabitants of this county had openly engaged themselves in the state service , nor as yet had they any thought of repenting , though cast into the midst of an inraged enemy . oxford is the kings head garrison , herefordshire possessed by his forces upon the first removall of the earle of stamford into gloucester ; worcester hath already entertained a strength , wales rise on the kings behalfe by the power of the lord herbert : the earle of essex with his army is drawne towards london , the parliament forces in the west have their hands full ; and there remaine in these parts of the kingdome onely two broken regiments at bristoll , which was much distracted by intestine divisions , and one regiment at gloucester ; so that the most slender guard was left upon these parts , where the enemy resolved their chiefe game for the winter action . and if this country must be preserved , it must be done by the volunteers , which were yet as a cake not turned , a kinde of souldiers not wholly drawn off from the plow or domesticke imployments , having neither resolution nor support suitable to the service : but the greatest defect was the want of able and experienced officers ; neither had they any commander in chiefe upon whom the hearts of the people might fasten . amidst these things the strength of the county was drawne to cirencester a fronteer towne towards the kings head quarters , then made a garrison to prevent the incursions of the enemy , as well to preserve the country from ruine as to advance the publicke service ; colonell fettiplace had the command of this garrison , under whom some traine bands and volunteers were drawne into a regiment , and two companies of the lord stamfords regiment were added to incourage the businesse : a few horse and dragoones were raised at the free charge of the country , and the rest of the militia were to assist upon all appearance of danger : all things were trans-acted in a more voluntary , but lesse regular way . the businesse chiefly rested on sir robert coske , sir john seamore , master natbaniel stephens , master edward stephens , master thomas hodges , with the rest of the deputy lieutenants ; and setting aside these men with some gleanings of the gentry , the yeomen , farmers , cloathiers , and the whole middle ranke of the people were the onely active men . the gentlemen in generall denyed their concurrence , discerting their country either by open enmity or detestable neutrality ; and from the major part no better fruite was to be looked for in a degenerate age , when in many of them there appeared an hatred of the commons , and a strong disposition to the ends of tyranny . others there were not wholly averse from the good of the common-wealth , whose enmity was grounded in religion , which obtained the most eminent place in the parliaments cause . the superstitious adoring of their old way imbittered their spirits against reformed religion , which to them seemed a peevish affectation of novelty , besides , the hatred and feare of ecclesiasticall discipline . but the greatest number neither driven by ambition , nor the spirit of blind zeale , onely resolving to be true to themselves , deserted the state with some inclinations to the contrary faction , reflecting on their estates invironed with the kings country , neare the heart of his strength and farre from parliamentary supplies ; besides , the violence and quicke dispatch of the kings army , with the slow performances of our country agents after the space of an ordinary legall course in those extremities , did much deterre them ; the country complained of their principall men for the neglect of taxes , and the gentlemen might happily see the grudgings of the country in the payment of those taxes ( for the common people are alwaies covetous though well-affected ) and forbeare to urge whatsoever might distaste the people , or crosse the parliaments accustomed moderation . which slow deliberations did lessen the esteem of the service in the hearts of many . the secession of the dis-afiected gentlemen did cast an aspe●sion that could not sticke , that the businesse was dese●ted by knowing men , and prosecuted by a rash and confused multitude . whereas by no one thing could it more evidently appeare to be the cause of the common-wealth then by the acknowledgement of the whole body of the commons , which is more honest and wise in things of publicke concernement ; for though they be very weake one by one , yet brought together they ballance each other , and when no man hath power to impropriate much , each man expects onely a proportionable share in the publicke interest . neither is their judgement and fore-sight to be undervalued who are apt to discerne any thing that concernes themselves , and being united are not like to faile , for they have the best experience and are neerely affected with the woe or weale of the state , and so may sometimes judge better then those that guide it , as he that useth the house can better judge thereof then the builder , and the pilate of the sterne then the carpenter . and although they have not the first and most excellent part of knowledge to finde out , and by themselves to understand the rules of government , yet have they the second part , which is also excellent to judge aright of things proposed , and if not made fit for the yoke by dependence on the gentry , can discover the fraud that lyes under the fairest pretext ; but the gentlemen by depriving the meaner people of their due protection , blemished the reputation of their families , and crossed the end of their honours and possessions , which in a well ordered state are given for a shelter to the under shrubs that some generous spirit neerer the commons might keepe off the invasion of princes , and whose power was most desired in such an exegence , to gather up the scatterings of the people and keepe them united , who for want of this concurrence were of lesse strength and vigour . such was the face of this country now ready to receive the first shocke of the enemies fury . about the first of january , . the maine strength of the kings army came before cirencester prepared and resolved to storme it , yet they onely faced the towne , and after two daies were strangely taken off , either disabled by the extreame cold on the hills , or some suddaine misfortune , or daunted by the shew of unanimity and resolution in the people , or else clouded in their thoughts by the secret will of god in the nick of action , that they made not the least attempt , but threatned an afterclap . a few daies after our forces had their designe upon sudely castle , at that time kept by captaine bridges in the behalfe of the lord chandos . leiutenant colonell massie was intrusted with the manage of this action , who drew from gloucester a party of three hundred musketteers , with two sakres assisted with fourescore horse , and foure companies of dragoones from cirencester by order of a counsell of warre held there , and consent of the deputy lieutenants ; there were in the castle neere threescore souldiers , with provision and ammunition sufficient : our men drew up before it in the evening , made severall shots , and the canon did some execution ; the same night summons was given , the enemy refused to render upon quarter , but craved time till the next day , which in part was granted ; guards were set upon them all night , the next morning our men were drawne out to make an assault , beds and wooll-packs were fetched out of the neighbourhood , which they tumbled before , and saved themselves from shot : the horse and dragoones came up before the foot approached the wall , and possest themselves of a garden under the castle , and got hay and straw which they fired , that the smoake driven by the wind smothered the house , in the shadow of which the ordnance were brought up undiscovered , and planted against the weakest part of the castle , which when the enemy perceived they sounded a parley , and immediately rendred upon agreement ; the conditions were that all might have liberty of person , and passe to their owne houses leaving their armes behind , and taking an oath never to serve against the parliament : they compounded also for the goods in the house , for which they were to pay five hundred pounds within sixe daies , or to leave them a free prize to the souldiers . within two daies after prince rupert faced sudely with about foure thousand horse and foot pretending an attempt to regaine it , but in the meane time marched his artilery towards cirencester . lieutenant colonell massie made provision to maintaine the castle by taking in water , and store of hay and corne , and having left there lieutenant colonell forbes with a sufficient guard , himselfe retreated to gloucester ; the prince with his forces kept the hills , and after three daies fell before cirencester a stragling and open towne , neither well fortified nor capable of defence . the champaine country round about was most advantagious to the horse , in which the enemies strength did chiefly consist , and which was then wholly wanting to that garrison , for their horse and dragoones were sent to the taking of sudely : most of their officers were drawne out upon that service except the captaines of the volunteers , and lieutenant colonell karre was the onely experienced souldier left there : their canoneers were wanting , the common souldiers quite off the hinges either cowardly or mutinous . the storme rose when least feared by the miserable people , who had not ended the joy of their late deliverance from as great a power but strangely diverted ; and though they were still in the same danger upon the reverse of the army , yet were they not capable of the least distrust , till the storme hovered againe , either supposing themselves invincible , or by defiance to have bafled a wary enemy , that falls backe and waites his time to returne with greater fury . on the second of february the towne was assaulted and taken ; the first and maine assault was made on a house a flight shot from the town , which was defended by a hundred musketeers for an houres space against two regiments of foot , and a regiment of horse which were led on by the prince , till at length having drawne up their musketeers , and by granadoes fired the barnes and ricks and smoothered the guard , the enemies horse drove their foote before them , entred the streetes by maine force , and possest themselves of the garrison within two houres , yet it cost them the lives of many , amongst whom the welch-men were reported to suffer the greatest slaughter , who in that army were a continuall sacrifice to the sword. each guard made resistance according to the officers valour and experience ; the souldiers of the earle of stamfords regiment had acted the best part but that they were most put to the sword when the towne was entred , except those that by flight had their lives given them for a prey . some few besides defended their guards a while , but the passages were many and open , and the enemy soone came upon their backes ; as for the country-men their houre was not yet come , neither had they quitted such imployment as did infeeble their spirits , nor entred the schoole of war to study indignation , revenge and bloud , that alone can overcome the terrour of an army . it so fell out that in the midst of the service they were at their wits end , and stood like men amazed , feare bereft them of understanding and memory , begat confusion in the minde within , and the thronging throughts did oppresse and stop the course of action that they were busied in everything but could bring forth nothing ; few of ours were slaine in the fight , but many murthered after the taking of the towne , eleaven hundred taken prisoners and at least two thousand armes lost , which the country had there laid up as in a secure magazine ; the miserable captives were entertained with all despight and contumely , according to the enemies accustomed cruelty in the beginning of the warre ; commanders and gentlemen had no better quarter then the common souldiers , but were all thrust into the church to be reserved for a triumph , and trampled upon in a base and impotent revenge : whether the first fury of a civill warre , and the jarres of brethren prove most outragious , or the cause of religion had blouded their minds . not a man could be released , though the price of his redemption were paid , till he had first attended the triumph at oxford ; that an unfortunate king might view the aspect of such innocent subjects , that should presume to claime those rights wherein they were borne when reason might easily evince that no slight matter could engage such a people in a open warre as were ever willing to deceive themselves into a supererrogation of loyalty . the whole country was quickly full of this disaster , and in vaine did thinke to recover what was lost by weakenesse of spirit or errour in the chiefe manage of the businesse ; thousands of men armed and unarmed flocked together , and resolved to undertake the enemy under the conduct of a grave and well-minded patriot ; but the desired leader was conscious of the peoples madnesse , and knew well that they made a loude cry a farre off , but if once brought up to the face of the army they would never abide the fury of the first onset . wherefore he refused to engage himselfe and them upon a certaine destruction ; neverthelesse the people bitterly railed against him , and curst him as a traitor to his country ; neither could the experience of these times dispossesse them of that absurd conceite . the very next day after the losse of cirencester the city of gloucester was demanded by prince rupert , the summons found the people extreamely dashed at the strange turning of things , and so much amazed that they could not credit the report of this blow , though confirmed by sundry eye-witnesses ; the hearts of many sunke very low and began to lye flat , zeale and religion upheld some , all had a kinde of will ; but the strong sidelity and resolution of the souldier at that time , and in all extreame hazards upheld the garrison . the prince therefore received a short answer from lieuten ant colonell massie and the principall officers , that they were resolved with their lives and fortunes to defend the city for the use of the king and parliament , and in no wise would surrender at the demand of a forraigne prince . another answer was returned from the mayor of the city ( for the martiall command was not fully setled ) that he was resolved according to his oath and allegiance to keepe the city in his majesties behoose , and would not deliver the same according to this summons . whereupon a second summons was sent from the prince , which could not alter the case in their judgement who held the towne , and seeming withall to perswade and solicite them out of their hold , did easily beget an opinion of the enemies weakenesse and their owne considerable strength , since neither religion nor modesty could with-hold from bloud that enraged party , but onely the conscience of a selfe insufficiency ; the souldier therefore began to acknowledge the remainder of power which did not appeare contemptible with the kings army . hitherto the city hath been lodged in the midst of many out garrisons as the heart in the body , but now it hath enough to doe in its owne safety , and the remote parts must be pared off that a liberall nourishment might preserve and foster that place which was the seate and fountain of life unto these parts of the kingdome . sudeley castle was deserted , the garrison of tewksbury ( which was defended onely with such slender forces as gloucester could spare out of its penury before the enemy fell on the county ) was already surprised with feare ; both places could not be maintained when so great a power did urge , and heare downe on every side . those of tewksbury sent an expresse to the city to informe them of the state of their towne , and to request more aide ; likewise they dispatched messengers to the villages round about , to acquaint them with the state of things , and to try whether the inhabitants would come in person or send in their armes , but there came neither the one nor the other , and itwas resolved by the counsell of warre at gloucester that the forces , ordnance and ammunition with all well-affected persons should forth-with repaire thither . in the heate of this debate there came an invitation from worcester by a letter from sir william russell , with intimation of conditions of peace ; all which disposed that towne to complyance with the enemy . hereupon a common counsell being held , and the officers present 't was determined that the gloucester order was to be obeyed . the towne thus deserted was willing to provide for its owne safety , and chused rather to obtaine some reasonable termes of peace then suffer it selfe to be quite ruined ; wherefore they drew up some propositions to be sent to sir william russell , yet before the dispatch they sent to gloucester a second message by the minister of the towne , and an officer of the garrison with sir william russells letter and their answer . these promised an early return , but failing some houres of the time appointed , in the meane while the propositions were sent to worcester . this message brought a countermand , when there sprung an alarum that cirencester was regained , and the spoile and prisoners recovered backe , for this cause the souldiers were detained a while , but when the report was found untrue , of themselves they began to quit the towne . in the evening the messenger returned from worcester with the propositions granted ; the subjection seemed unfortunate and dishonourable in them whose affections were engaged to this cause , neither did there appeare a meanes to prevent it for the transmigration of the whole towne was impossible , nor as yet did the condition of the warre require any such thing from one particular place ; for the parliaments adherents , as also the malignant faction did never at once forsake their habitations to be gathered into one body for a suddain conclusion , but were brought peece-meale unto action , and many lye under covert in the enemies country reserving themselves for future service . thus the people entertained gladly those conditions , which though performed in part yet were a sufficient bondage , did impoverish their spirits , coole their zeale of religion , and lessen the former inclination to liberty ; after which by frequent changes under many lords they became so feeble that they never durst confide in themselves to vindicate the towne into its former happinesse , but a long time remained averse to the fairest opportunities , yea necessities of ingagement and desired an everlasting neutrality . the deserting of this towne encreased the forces of gloucester by two hundred foot and dragoones , and tooke off the feare of a greater mischiefe ; for though the quitting of the place caused us to resent our great distresse , yet the taking thereof would have confounded our thoughts , and hazarded the maine chance where the whole strength did not lye at stake . the enemy breathed out threatnings , many false friends sought cunningly to make us affraid , the country-men in generall were taken off , who in their jocund beginnings still concluded on the victory , but never prepared for a blow , that the whole businesse was dashed at one clap , and especially when cirencester was taken , in which they did repose so much trust . the issue discovered the weaknesse of the former proceedings in committing the whole fortune of the country , and the lives of so many men to such a poore defence , and hazarding the maine rest where the strength of the game could not be managed . besides , the enemy had this great advantage in over-powring the minds of men ; who , since their cause could not lay claime to justice , nor themselves procure love , sought to prevaile by terrour and by their late cruelties became dreadfull : so that such spirits as wanted greatnesse of minde or strong fidelity to persevere , did greedily comply with that party , supposing themselves secure from this side , at least in respect of a deep personall suffering , which supposals were grounded upon the parliaments lenity , and unto which peradventure they were bound , that they might gaine affections in a voluntary warre . the more zealous and active had no head under whom they might unite and grow strong ; the power of the deputy lieutenants was quite fallen , a kind of command suitable onely to the infancy of military affaires , and the whole businesse was devolved on the souldier , whom the people then beheld as the professed servants of fortune , and trusted not till after manifold experience ; so they sunke under the burden , and gave up themselves to spoile and rapine . the clouds gathered round the city , the enemy lay strong at cirencester and tewksbury , our men were confined to the towne walls ; the workes not halfe finished , the souldier within mutinous and desperate : no monies came from the state , and but small supplies out of the country , that the vilest mutineers were to be dealt with by intreaty , their insolencies to be suffered with patience , who tooke so great advantage by our extremity that their humours had a full vent , and ran forth into incorrigible wickednesse : the city was constrained to free quarter and great disbursements by way of lone , and the governour to use his skill in keeping together the male-contented souldiers . the army raised in wales by the power of the earle of worcester , and his son the lord herbert begins to appeare , is designed for gloucester , and comes on at coford in the forrest of deane three miles from monmouth , where colonell berrowes regiment had made a kind of loose garrison for the defence of the forrest in an open towne , and with slender preparations . here the welch fell on , but their officers with strange fury drove our party before them , which was borne downe by their multitudes yet with a greater losse on their part ; divers officers were slaine , and with the rest their commander in chiefe sir richard lawdy , major generall of south-wales ; of ours few slaine , but lieutenant colonell winter , and some inferiour officers , with about forty private souldiers taken prisoners . all the strength of these parts are now driven into the walls of gloucester , onely barkly castle is held still for an entercourse between us and bristoll . this city was accounted one of the chiefe holds of the kingdome , and far from the well-spring of succour , yet was there no care of a competent brigade or magazine , a common defect , by which the state hath received much detriment ; that through the penury of men , armes , and ammunition , remote garrisons are left in dispaire , or the intention of the maine army must be diverted for their relief . our succours were yet to be raised , or selected out of severall commands and come on slowly ; the people were held up by false reports , and to stave off the enemy the governour was to put the best face on a bad matter . meane while a great power of the welch army advance towards gloucester and setled at hignham house within two miles of the city and began to intrench . the governour placed a guard at the bishops house to keepe them at a distance . sir jerome brett their major generall had the confidence to demand the towne , but the summons was received with scorne from a welch brigade , and became ridiculous when prince rupert had beene twice refused , besides an inveterate hatred derived by fabulous tradition had passed betweene the welch-men and the citizens of gloucester . such slight and irrationall passages prevaile much with the common people in whom opinion beares rule . those forces were said to expect prince ruperts approach on the other side , else it cannot be imagined to what end they lay five weekes in a stinking nest . they were basely basled , never attempted our out-guard , never undertooke the least party that issued forth . meanewhile the prince was conceived to waite upon other designes . the bristoll plot offered it selfe , upon which his person did attend before the gates of that city . thence he was drawne off to stop sir william wallers advance for our reliefe , who deceived the prince by strong reports and night marches , and happily drilled along his small army to the place of action . the governour could attempt nothing but onely make good the guard at the bishops house , and flourish with some slender sallyes ; he had not an hundred horse , and the enemies foot were double the number of those in the garrison ; at length an addition of two hundred horse and dragoones from bristoll under the command of captain john fiennes gave some life to the businesse : hereupon severall parties at sundry times were drawn out , which never failed to beat the enemy into their works , kill and take prisoners , although treble the number of our strongest party . so that the name of our blew regiment became a terrour to those miserable welch-men , who were partly constrained to take up armes , partly allured with the hope of plunder . certainely they were deceived out of their owne country not to fight but to take gloucester ; by which meanes they could act an impotent villany and cruelty , but nothing of a souldiers gallantry . immediately after the taking of malmesbury sir william waller bent his course towards gloucester , and laid his designe for the surprize of the welch army ; he gave notice of his advance unto lieutenant colonell massie , with directions instantly to draw forth both horse and foot before hignham , and to keepe them in continuall action , that they might not understand his approach . he gave order likewise that those flat-bottomes which were brought from london upon carriages for service upon the river seaverne , should be sent downe to frampton passage , sixe miles below gloucester , where both horse and foot were arrived by noone , passed over the river before night , and unawares of the enemy got between them and home , tooke them in a snare and intercepted their flight . the governour performed according to the intention of the plot , drew forth all the horse and a party of five hundred foot , brought up the ordnance neere the house , and kept them in the heate of play till the evening ; at night he set guards round the house , with that straitenesse and confidence that the enemy durst not stirre , nor a spy steale out , although they lay fifteene hundred strong . at sunne rising they had a fresh alarme by our ordnance , and were held to it by our musket shot . this morning their horse issued out , attempting to force their way through the horse guard , which they did , and put some of our horse rashly charging and upon disadvantage , to a disorderly retreate , but comming up to a foot guard received a repulse : and to the reliefe of that guard which was thought too weake , a party was drawne from the artillery , and that againe by this meanes much neglected , in so much that the same instant the enemy fell out upon our ordnance then like to be deserted , but were beaten backe by the gallantry of some few that kept their ground . in this point of action sir william waller came up and shot his warning-peece on the other side , which dasht the enemy , and so revived our men that they ran up with fury , stormed a redoubt , and tooke in it two captaines and above thirty private souldiers , which service had a maine influence upon the surrender of the house ; sir william placed his army to the best advantage for shew , and displaid the colours of two foot regiments reduced to a hundred and fifty men , drew neere the house and made some few shot with his canon ; after his approach not a man of the enemy was slaine or hurt , yet the common souldier would doe any thing but fight , when they were well fortified , and had a sufficient magazine ; they sounded a parley and sent forth some officers to treat , which had this result ; that they should render the house and themselves as prisoners , and the officers should receive respect and quarter according to their quality . upon the returne of these termes some advised to break through , which the common souldiers utterly refused and neglected the advantage of a dark and rainy night . the persons that treated dealt the second time in a kind of begging way , but at last accepted the former conditions , and gave up the welch army into the hands of men quite spent with continuall marches and watching . divers persons of quality were here taken , the most powerfull gentry of herefordshire , some of those that in scorne were stiled the nine worthies , who in the first opening of the great breach affronted the parliament with a scandalous remonstrance ; the next day being the twenty fift of march , neere fifteene hundred were led captive into gloucester , as great a number as sir william wallers army with the garrison forces could rise unto : thus the first fruites of wales were blasted , the strength of the nearer parts almost vanquished , and the effects of this victory had been more lasting had it been used to the best advantage . the kings party had a notable faculty in the improvement of victories by strict imprisonment , and inhauncing the rate of their captives ; their usuall fiercenesse did extract great ransomes or unequall exchanges , and disposed them to detaine their captives in extreame misery , and to neglect their owne friends in the like thralldome , of which those that were taken at cirencester gave a full testimony : but the parliament garrisons knew not how to keepe a correspondence in this case , but groaned under the burthen of miserable prisoners , were prone to exchange , or set free upon easie termes . and by this meanes most of the common souldiers then taken within tenne daies were sent backe into their owne country , with an oath never to serve against the parliament ; others that tendred themselves were entertained in the service , who for the most part proved runnegadoes ; the commanders and gentlemen came off , some with a ransome , and oath which they quickly violated , and the residue were wholly lost at the surrender of bristoll . the whole successe of the former action happily complyed with the maine plot , and extreamly dashed the kings affaires in these parts . the generall fame did increase and heighten the repute of sir william waller , and the enemy possessed there with began to draw back on all sides ; sir matthew carew forthwith quitted the towne of tewksbury , which within twelve houres was repossest by our forces , captaine john fienes was commanded thither with a slender strength of horse and dragoones , with whom the well-affected of the town that abode in gloucester began to returne . the undertaking was hasty and confused , without the observance of the enemies motion or distance , or any rationall assurance of defending the place . our party had no sooner saluted the towne but received an alarme that the former forces were returned with a greater power . 't was a gallant brigade of horse commanded by the lord grandeston , which immediatly came from cheltenham , whereof our men had not the least intelligence ; it seemed by the event that the enemy expected none from gloucester ; however there was quicke dispatch on both sides , yet captaine fienes with his whole party had bin surprised had not those horse been kept off at a miles distance by a ridiculous accident . it so fell out that they met a man comming alone from the towne , whom they fell to question whether any forces were there , of what strength , and by whom commanded ; the man intending nothing lesse then the escape of our party , but supposing them a part of the parliament forces , and willing to curry favour begins to talke of a maine strength and vast numbers , with so many guns and all kind of preparations , and withall defies the cavalliers with much affected indignation ; which words so farre prevailed that they presently held a counsell of war , and once were about to fall back . this delay gave an houres respit to those within to prepare for a flight , who had no sooner recovered the end of the towne , but the enemy had entred , amazed to see themselves so miserably deluded . when sir william waller had refreshed his men some few daies about the first of aprill . he advanced towards monmouthshire , at the solicitation of divers gentlemen of that country , with a promise of concurrence in reducing those parts to the obedience of king and parliament . when he came neere the towne of monmouth where the lord herbert had began to place a garrison , the souldiers did not abide his comming , but all shifted for themselves by flight ; sir william entred the naked and open towne , where he stayed a while and sent many parties abroad the country for supplies of money ; thence marched to vske , where he set free some prisoners kept there ; but the reducing of the country came to nothing , for the gentlemen did not perform , and he found there what usually comes to passe in such cases , that men desirous of alterations invite upon ample promises , but never make good , and feldome appearein the businesse till the souldier hath done the worke to their hands , or they have gotten some stronge hold to secure their ingagements . so that the well-affected would not declare themselves , because a running army could be no lasting support , and they had no strong hold , nor the stream of the people , which were at the devotion of the earle of worcester , almost an universall land-lord in that county . whilst these things are acted prince maurice enters tewksbury with a power of horse and foot added to those former under the command of the lord grandeston , resolving to make after sir william waller , and to intercept his return out of wales , for he was gotten into such a nooke of the land in the enemies country , that the prince might easily drive him to a nonultra . wherefore a bridge of boates was made over seaverne at tewksbury , that they might passe to and fro nearer the retreat of our army . here the prince marched over with a body of two thousand horse and foot , confident of this designe , and therefore too remisse & slow in his advance . sir william was nimble in the retreat , caused his foot and artillery to passe over seaverne at chepstow , and himselfe with his horse and dragoones passed through the lower part of the forrest of deane neare the river side , and before the enemy had notice of his march sent forth two parties to fall upon two of their maine quarters , which was performed whilst the maine body slipt between both , and a party was left to face them and make good the retreat , which came off something disorderly , and with the losse of a few private souldiers . 't was an exquisite conveyance , and unexpected felicity that brought them out of the snare through those intricate waies . this alarme quickly reached gloucester , and lieutenant colonell massie drew out three hundred foot and two troops of horse to fetch off our men , but if he found them dis-ingaged , for a further designe . this party met them within two miles of the towne , where the governour made knowne to sir william waller his purpose to set upon tewksbury , and taking the opportunity of the princes absence , and the enemies jollity at our supposed totall defeate , instantly advanced upon them , and by break of day brought up his men before the towne , one part whereof fell in to the ham , seased upon the guard left with the bridge of boats and cut off that bridge , the horse with the rest of the foot came up gloucester way , the forlorne . hope surprised and slew the sentinell , climbed over the workes , and cut down the draw-bridge ; whereupon both horse and foot-rushed in , and the party on the other side of avon ready to enter : there were left in the towne neere three hundred men commanded by sir matthew carew , whom the triumph of yesterdaies conceived victory laid asleepe , and the sudden alarme roused up , first into a shuffling fighting posture , and after halfe an houre to a nimble escape . sir matthew carew fled , and many escaped the hands of our men , who wanted numbers to surround the towne , but most of the common souldiers , and some valuable officers were taken . oxford was as miserably gulled in these passages , and in a few houres extreamely affected with contrary reports ; for the jocund newes of the vanquishing of sir wil. waller arrived early in the morning , but before noone an expresse came of the losse of tewksbury , which was cast upon the heat of the first report like cold water into a boyling pot . the same day a party of prince maurice his horse appeared from the top of a hill neere tweksbury , and intimated the approach of his whole army ; whereupon sir william vvaller marched thither that evening , and resolved to breake downe or make good the bridge at upton upon seaverne , besides which there was no passe nearer then vvorcester ; but the scouts gave notice that the prince had recovered the bridge and set a guard upon it . the next morning sir vvilliam advanced towards the prince , and found him in ripple field with his army drawn up , and divided into three bodies , besides the hedges lined with musketeers . here our forces faced the enemy in a large field , and could hardly reach the third part of the princes strength , brought up their gunnes , having neither shot prepared nor cannoneers that understood the businesse , nor the assistance of foot , save only a part of the governours owne company , besides the wind and sun were against them , and no retreat if need were , but through a narrow lane of two miles long ; and whereas they might stand upon the top of a rising ground to deceive the enemy with the semblance of a greater power behind , they descended a little on the side of the hill , and discovered their weaknesse to a full view . in this posture some perswaded to fight , and began to make some shot with the ordnance which gave no shew of the least execution ; but some other officers examined the cannoneere , and finding neither fit bullet nor any convenient shot , but all things at randome , earnestly disswaded either to make the onset , or expect the enemy in that place ; and advising likewise the tryall , discovered their ambuscadoes within the hedges . hereupon sir vvilliam vvaller fell back , and entred the narrow lane commanding a party of dragoones to face the princes army , and the musketeeres to stand at the corner of the lane within the hedges to make good the retreat . the enemy fell on , not a man of those dragoons would stand to receive the charge , but hurried away , broke over the hedge , fell among and disordered our owne musketeers , the enemy clapt in after them , cut down foure or five of the foot , and tooke as many prisoners ; lieutenant colonell massie kept close to his foot , and instantly dispatcht to tewksbury for a supply , and sir arthur hazelrigg prevailed with his owne troope to charge , and in his owne person performed gallantly ; the foot with those horse put the enemy to a stand , and in part tooke off the foulenesse of the retreat through that straite passage . when they came to the next open place our men had the advantage of a ditch to stay the persuit , and in the heat of the chase one foot souldier at the command of the governour turned upon the enemy a gate then cast of the hinges ; which barred their entrance & enabled our men to draw up for a charge ; here for a while they stood in a maze , but on a suddain faced about , ran flock-meale , the enemy upon their backs , and the close of this action was like to be miserable , but at the entrance a strait passage neere the myth hill , a supply of foot from the town opportunely met them , gauled the enemy and put them to a stand once more , whilst the governour charged the leader of the forlorne hope hand to hand , and was rescued by the gallantry of some officers , when of ours onely a small party of horse remained in the field , the rest being got off in great confusion . yet the escape might equall a victory , and the saving of the forces passe for cleare gaine . prince maurice did not attempt the regaining of tweksbury , the government whereof was intrusted to sir robert cooke , who had newly raised a regiment of foot by commission from sir vvilliam vvaller . at that season the main strength of the kings army was drawn from these parts when redding was beleaguerd by the earle of essex , by which meanes the parliament forces had a large and free game in this countrey ; went on with a full stream of successe , driven with a gentle gale of providence , and a kinde of unimitable happinesse , in unbloody victories . the fortune of the former did over-rule the event of the succeeding action , and the name and presence of sir william waller did include more then a thousand men . neither was he wanting to himselfe , but made the best use of his present fame , and kept it up by constant active endeavours , lest a little intermission might permit the enemy to recollect himselfe , or the reall weaknesse of this army be discerned . it was therefore suddenly resolved for hereford , whither he advanced with a thousand horse and dragoons , assisted by the governour , with the greatest part of the lord stamfords regiment : there were also the beginnings of colonell thomas stephens his regiment . the maine body of horse and foot were drawn up before bisters gate on the north side of the town , stood aloof off and shot at random ; till the lievtenant colonell commanded captain grey with a party of musketiers over the river , towards wie bridge , whose march was secured by a rising bank under the walls . these were ordered to make shew of an assault , and if need were to fall back unto the water side , where seconds were placed for their reliefe . the enemies horse sallied out upon them , whom that party having gallantly kept off , and forced back into the city , with-drew thence and gained a church within pistoll shot of st owens gate , whence our musketiers plaied on the walls , and exceedingly terrified those within . but the main rest of the businesse was the name of a conquering army , which sir william waller improved to the best advantage by all expedition and industry : and to help forward , massie drew up two sakers in a strait line against wigmarsh gate , not without extream hazard by shot from the walls ; himselfe gave fire , and the first canon shot entred the gate , took an officers head from his shoulders , and slew some few besides , more shots were made , each of which scoured the streets , and so daunted the enemy , that they presently sounded a parley , which was entertained by sir william waller , and hostages given on both sides ; the parley lasted almost the whole day , whilst most of the common souldiers ranne over wie bridge into wales , only the commanders and gentlemen remained and were reported to be held in by the townsmen , to sweeten the surrender , and obtaine better quarter . next morning they rendred : the chiefe prisoners here taken were the lord scudamore , colonell coningsby sir william crofts , &c. few horse and private souldiers , but store of armes and ammunition . the town compounded , was secured from plunder , and after fourteen dayes deserted . sir william waller obtained many faire victories , but had no power to make them good because his field was too large for that strength ; and the state made an inconsiderable number of men the only stay of the remote parts . these could over-run the enemies countrey , but get no ground , master no strong hold , nor reduce a people naturally malignant , that were dashed at present , but did flourish again in the reverse of the kings army . the next attempt was made upon worcester , whither all the horse and the greatest part of the blue regiment were drawn . they at oxford were said to have yeelded that town for lost , and to give out that sir william was gone to take possession of his purchase . for at that time treason was the pretended cause of every losse on both sides , especially if weak and unworthy . both horse and foot came up before the city , where they lay a day and a night , effected nothing , and were drawn off at the noise of the lord capels advance ; at which instant sir william waller was taken off these parts , and ordered to march into the west , with all speed to prevent the joyning of sir ralph hoptons forces with the rest of the kings army . sir robert cooks regiment was called off from tewksbury for the western expedition , and that town once more slighted . hitherto lievtenant colonell massie governed the city of glocester by deputation from the earle of stanford , whose returne was not expected ; wherefore the thoughts of the citizens began to enquire after a governour . they thought well of a man neare home , and cast their eye upon a knowne patriot . neverthelesse more intelligent men upon the serious review of the cities continuall hazard , found that the necessity of this place did require a tried souldier , and that such a one might possibly be found faithfull ; but a timorous or unskilfull man must needs ruine all . wherfore they reflected on massie , whose good services gave them also a competent assurance of his fidelity ; that by the happy choice of the citizens and the lord generals commission , he was appointed governour . to enable the city to defend it selfe , a foot regiment was raised by commission from sir william waller out of the townsmen , for the major part both officers and souldiers , under the command of colonell henry stephens . the first intention of this regiment was to defend the city only within the walls , according to the infancy of warre ; but the hard service of this place did suddenly require and exact the full duty of souldiers . at this instant the city was well becalmed , only there hapned one passage of inferiour nature , but full of the fortune of warre . the governour with a party of an hundred and twenty horse and dragoons , advanced towards stow in the wold , to beat up the enemies quarters ; by break of day he fell into slaughter , took a lievtenant , twelve troopers , horse and armes , and thence marched to odington a mile beyond stow , where he surprised a captaine of a troop with forty men and horse , and so made homewards , neglecting the residue of the enemy , who drew out of their quarters with all speed . the remainder of their regiment fell upon the reere of our men , neare unto slaughter with some slight execution , but were beaten back . the governour being confident he was able to fight with them upon any ground , made no haste to march off , till the enemy had received a supply of horse from sudely castle , and again charged him at andovers foord , whom our men received gallantly , and repulsed without any losse . the captaine that led the van was slain by the governours hand , and the rest wheeled about ; whereupon the governour dismounted the dragoons , and divided his men into three bodies , the horse to the right and left wing , in this posture resolving to march up to the enemy ( who would gladly rid their hands of the businesse ) but having advanced a little distance , and looking back to bring on his men , saw the greater part in a strange hurry , occasioned by the faceing about of some cowardly spirits , and himselfe with those dismounted men desperately engaged ; for a while he shuffled amongst the enemies troopes , till observing himself eyed by some , he sprang forth , fired in their faces , and came last off the field upon the maine roade . he offended here , by affecting too much gallantry , and was deceived in his new raised men , who were not hardned by the sight of an enemy . besides , no ordinary care was had of securing the prisoners , who were all recovered back . four of ours were slaine , many wounded ; colonell stephens , a lievtenant , with five and twenty private souldiers taken prisoners . the springing hopes of colonell stephens failed unfortunately , when his eager minde , engaged him in the action without order , and against the will of the commander in chiefe ; he had no command in the action , but hasted after as greedy of the service ; he was led captive to oxford , and a while after breathed his last in that poysonous ayre , where many gentlemen were observed in those dayes to expire . amidst these things sir iohn winter , a zealous papist , began to declare himselfe . a subtile wit , that pretended innocency till his houre was come , and had almost perswaded the world that he durst deny himselfe , and commit an unpardonable sinne against the catholike cause . his house in the forrest of deane was at first neglected , when it was in the power of this garrison to ruine his designe . but under hand he prepared for defence , suddenly clapt in his owne confidents , and with a little labour made it inaccessible , but with apparent great losse , and maintained his den as the plague of the forrest , and a goad in the sides of this garrison . these things were acted about the time of that blow almost fatall to the parliaments cause , in the vanquishing of sir william wallers army at the devices ; which defeat cast these parts of the kingdome into a miserable plight , when the state had placed the whole game in the successe of this army , never providing a reserve . the king became master of the field , the parliament left without an army that could check the enemy , who came up to our gates , and by threats would seeme to shake the walls of the city . many began to prepare for flight , whose presence no reall necessity , but the peoples opinion did require . they at bristoll disclosed their feares , and gave no good presages . and when that city was yeelded , gloucester did stand alone without help and hope . the lord generals army pined away : sir william waller at london for a recruit : the earle of stamford shut up within the walls of exeter : the kings countrey reached from the utmost cornwall to the borders of scotland , and he was able to divide his army , one part for exeter , and the other for gloucester . that sudden surrender of bristoll , which was almost beyond our feares , brought forth a dark gloomy day to the city of gloucester . the mindes of people were filled with amazement , and the failing of such a promising government made most men infidels , or at least to question all things . but here was the greatest mischiefe of all : many were not wanting to debate upon the maine cause of the kingdom ; malignant spirits took the advantage of our misery , and unstable mindes , who beholding only the surface of things , and led by the common voice of their equals , were flushed in prosperous times , now became crest-fallen , and questioned the passages of state , conceiving each miscarriage a fundamentall errour , and accounting their present sufferings not for religion and liberty , but some scruples of state policy . the state of things required strong resolution ; the usuall posture could not pretend to the safety of the place . the souldiers therefore acted with mindes more sturdy and vigorous as desperate concerning the enemy , but not in despaire of their owne party . the commanders reserved no place of retreat , and if causlesse jealousies over-clouded any , they put themselves upon a free declaration . the old and carefull souldiers who were unlucky in the censures of the people , upon the first arrivall of the sad newes from bristoll , vented themselves in sharp and cutted speeches , which bursting from the fulnesse of the thoughts , did imprint and pierce , were received for good prognosticks , and repaired likewise that credit , which the presumption of a conceived opinion bore down , and an ordinary good behaviour could hardly raise up , but happily regained by one violent and severer passage . the officers were to give in a full resolve , that no place be left for an after dispute ; wherefore they vowed never to see within the gates the face of a conquering enemy . but chiefly the hearts of the people were to be held up , wherefore the governour appeared in publike , rode from place to place with a cheerfull aspect , and bearing before him no change in the sudden alteration of fortune . to them that enquired into his very thoughts , hee gave assurance of safety , concealing the danger , or lessening its esteem . fear did not beget confusion , but things were transacted in a calm and constant order . the presages of misery were exquisitely shunned , and the least shew of distraction and weaknesse forbidden . money , plate , valuable goods , or any kinde of riches were not suffered to passe the gates , but here to rest as in a safe treasury , that the people might resolve upon a happy deliverance or an utter destruction . neverthelesse , whosoever was weak and faint-hearted , had leave to depart the city . meane while the enemy dealt underhand , and by the mediation of seeming friends affectionately sollicited a surrender , with terrible information of our manifold losses abroad , of the rage of the kings army , and inevirable desolation ; and withall tendred the opportunity of an accommodation between his majesty and the citizens . the mouthes of the viler people were filled with curses against the authours of our engagements . we received strange intimations of dreadfull things concerning the state. the whole countrey forsook us , and employed some to represent their desires and thoughts of the businesse , who in the generall had so farre revolted from themselves , as to perswade us to make our peace with the enemy , and to befool and execrate our perseverance ; for they conceived the standing out of gloucester , however advantagious to the common-wealth , yet miserable for them ; because by the falling down of a great army , they expected a destruction of corn and cattle , and if at last the king should not take in this place , to stoop perpetually under two burthens , and be cast into a remedilesse condition of misery and poverty . whereas if the enemy should prevaile , they were sure to rest in the heart of the kings countrey , farre from spoile and plunder , and have as free and ample trade as in times of peace . the citizens examined their own strength and grounds of perseverance ; a common councell was held , the officers being present , their late protestation brought to remembrance , by which they were all obliged never to act or comply with the adverse faction , and upon that pretext joyntly refused the tender of peace . neverthelesse a great number of the inhabitants were only not malignants , but born up by the zeale of the rest , and the souldiers power ; and those stuck most to the businesse , who were held up by the deep sense of religion or acknowledged a necessity to withstand a malicious and enraged enemy , whose implacable hatred urged them to offend against their own designs , and by horrid threatnings to make the attempt more desperate . a den of rebels was the common language : a few dayes respit recovered the city , and reports of a sudden reliefe did reare up the spirits of the common people . no crosse , show , or doubtfull resolutions did hinder the businesse ; all suspended their private cares , and the women and children acted their parts in making up the defects of the fortifications . the strength of gloucester was no more then two regiments of foot , an hundred horse with the trained bands , and a few reformadoes ; there were besides about an hundred horse and dragoons from berkley castle , in the whole about fifteen hundred men : forty single barrels of gunpowder , with a slender artillery . the works of a large compasse , not halfe perfect ; from the south-gate eastward almost to the north port , the city was defended with an ancient wall lined with earth to a reasonable heigth ; thence to the north-gate , with a slender work upon a low ground , having the advantage of a stone barn that commanded severall wayes : vpon the lower part of the city , from the north to the west-gate , ( being a large tract of ground ) there was no ancient defence , but a small work newly raysed , with the advantage of marish grounds without , and a line drawn within from the inner north gate under the colledge wall to the priory of st oswálds . from the west towards the south gate along the river side , no more defence then the river it selfe , and the meadowes beyond levell with the town : from the castle to the southport , a firme and lofty work to command the high ground in the suburbs . the ditches narrow , but watered round . in this posture did the city stand when the kings forces hovoured over the hills , and now and then skirted upon the town , before a close siege was laid : upon the tenth of august , they came down like a torrent full of victory and revenge , with indignation that a forlorne city should stand before them . neverthelesse they would faine overcome without bloud , and the losse of time , then pretious in their full career of victory . for which end his majesty came in person before it , that the terror of his presence might prevaile with some , and the person of the king amaze the simple , and seem to alter the case . thus they began to work , because the mayor had answered a former summons from prince rupert , that according to his oath he kept the town in his majesties behoof , and some whisperers gave a malignant intimation that the kings presence would sway the people . and it was so , that the town was held for the use of his majesty , but according to the sense of the houses of parliament , and the citizens put no difference between a command in person or deputation . whereupon his majesty gave this honorable summons by two heraulds at armes . charles rex . ovt of our tender compassion to our city of gloucester , and that it may not receive prejudice by our army , which we cannot prevent if we be compelled to assault it : vve are personally come before it , to require the same , and are graciously pleased to let all the inhabitants of , and all other persons within that city , as well souldiers as others know , that if they shall immediately submit themselves , and deliver this city to vs , vve are contented freely and absolutely to pardon every one of them without exception , and doe assure them in the word of a king , that they nor any of them shall receive the least dammage or prejudice by our army in their persons , or estates . but that vve will appoint such a governor , and a moderate garrison to reside there as shall be both for the ease and security of that city , and the whole county . but if they shall neglect this offer of grace , and favour , and compell vs by the power of our army to reduce that place ( which by the helpe of god we shall easily and shortly be able to doe ) they must thanke themselves for all the calamities , and miseries that shall befall them . to this message we expect a cleare and positive answer , within two houres after the publishing hereof ? and by these presents doe give leave to any persons safely to repaire to , and returne from vs , whom that city shall desire to imploy unto vs in that businesse , and we do require all the officers and souldiers of our army , quietly to suffer them to passe accordingly . the king by this time drew into the field before the towne , attended by prince charles , the duke of yorke , prince rupert and generall ruthen , faced us with about six thousand horse and foote on that side , and two thousand horse on the other side . after some debate upon the message , an answer was drawn , consented unto , both by citizens and souldiers , and presented to his majesty by serjeant major pudsey , and a citizen . vve the inhab●●●●● , magistrates , officers , and souldiers , within this garrison of gloucester , unto his majesties gratious message return this humble answer , that we do keep this city according to our oath and allegiance , to and for the use of his majesty and his royall posterity , and doe accordingly conceive our selves wholly bound to obey the commands of his majesty signified by both houses of parliament ; and are resolved by gods help to keep this city accordingly . his majesty with all mildnesse seemed to receive this answer , onely to wonder at our confidence , and whence wee expected succour , adding these words , waller is extinct , and essex cannot come . the enemy advanced forwards into the suburbs on the east side , where they lost a commander in the first skirmish , and the rest were fired out ; for upon the returne of the messengers the suburbs on each part of the city were all in a flame , which did secure and more strongly engage us , and which the enemy beheld as the act of desperate rebells ; for those dreadfull sights doe seeme to higthen and bloud the minds of men . the next day we discovered that they had begun their entrenchments on the south and east parts , the night before in the shadow and shelter of the houses which the flames had not catched , within musket-shot of the walls . they in the trenches plyed their worke whilest the musketteers played hard on both sides . yet our men from the walls could doe little to retard their pioners , but by severall sallies with small parties fell into their trenches , beate them out , gained some working-tooles , armes and prisoners , and retreated without losse . our ordnance likewise from the east gate killed some sew , and among the rest a lieutenant colonell , and captaine of the queens black regiment , sir iacob ashley was then shot in the arme , and upon severall approaches we beat of the enemy , killed and wounded many . by that time the welch forces under the command of sir wil. vavasour , were advanced to the bishops house , halfe a mile from the west-gate , one of our outguards by us intended to keep off the approach of the welch , but now deserted for want of men and that nothing might be lost which we purposed to defend . here they left a sufficient guard and passed over the river to joyne with the forces that newly arrived from worcester : who made their leager on the north-west side of the city . generall ruthen placed his leager behind the priory of lanthony on the south-side very neere , but sheltred from our shot by a rising ground . sir iacob ashley with a strong party quartered in some part of the suburbs on the east-side . the east and south ports were dammed up , and rammed with a thicknesse of earth cannon proofe , and the walls on that side from port to port were lined to the battlements , since there wee thought to receive the maine shock . three dayes after the siege laid , an hundred and fifty musketteers commanded by captaine gray , sallied over the workes upon the worcester forces , with whom the welch had not yet joyned , fell into their quarters , marched up to their maine guard , killed a captaine with eight or nine common souldiers , tooke five prisoners , divers armes , burnt their guard , and retreated without the losse of any ; within a day after upon some suspition and kinde of intelligence that the enemies ordnance lay undiscovered in some grounds neere the northgate ; captaine mallery was commanded forth with a hundred and fifty musketiers to surprise it , but finding none , retreated without losse , having killed some , taken a few prisoners and fired some of their quarters . vpon the sixteenth of august an other party of an hundred and fifty musketiers , commanded by captaine crispe sallied forth at the north-port , fell into their trenches under the town wall on the east-side , marched above halfe way through them , performed gallantly , killed above an hundred men as was confessed by some of the enemy , wounded many , beat them out of their workes , and by the helpe of out musketiers from the wall , retreated without the losse of any , only two wounded after a very hot skirmish , for the space of halfe an houre , the cannon and musquets on both sides playing most furiously . these executions put those within on a desperate straine , and heated their minds with bloud . the enemy was indefatigable and swift in the entrenchments . the workes from the south and east gates , hasted to meete each other ; their preparations seemed more tedious , yet effectuall and certaine and tended withall to save the lives of their men . wherefore they chused not a sudden storme on the lower and weaker parts of the city , but rather to prepare the assault on the strongest side , yet most easy to their intention . for there only could they rayse the workes without the annoyance of the water-springs , that issued in the lower grounds ; there only could they make battery within pistoll shot of the walls , that wanted flankers ; and when they had once entred a breach there , they were instantly possest of the highest part of the town . on this side therefore were their ordnance brought up , and first two culverin of sixteen pound bullet were planted on the east side , a little out of musket-shot , where they made some store of shot , but did no execution . next they planted three pieces of ordnance of foureteene and five and twenty pound bullet upon their battery in a square redoubt , on the south-side , and began to batter the corner point of the wall , and a brick house adjoyning , where one of our men was killed , without more harme . then they played upon our ordnance mounted against their battery point blanck , and made some slight breach , which was quickly stopped up with wooll-packs , and cannon baskets . by this time they had drawne the trench neer the moate , where they made a kind of mine to drain it , and sunk much of the water : and attempted to cast faggots into the moate , but were beaten off by our musketiers . at severall times they shot large granadoes out of their morter-pieces many fell into houses and brake , but did no harme , and one that fell in the street had the fuz quenched before it came to ground , was takenup whole and found to weigh three score pound . after the welch and worcester forces came up , foure peece of ordnance were drawn a good distance before the place of their leager , and one planted against the awnegate , and the sconces thereunto adjoyning . wherefore a party of about foure hundred musketiers commanded by major pudsey and captaine gray assisted by captaine faulkner , and captaine massey sallied forth of the norrhgate . meane while a lieutenant with fifty musketteers was sent over the works to give them an alarm , whilst the greater party got behinde their cannon and breastworkes , fell upon their maine guard , slew many officers , two canoneers with about a hundred common souldiers mortally wounded , took a lieutenant with foure more prisoners , nayled their cannon , and retreated with the losse only of two slaine , and about foure taken prisoners . the enemy having planted three pieces of ordnance against the southside , and now three more on the eastside , and two more neer the eastgate within pistoll shot of the town wall , began a most furious battery upon the corner point , and made above an hundred and fifty great shot against it , whereby the stones were sorely battered , but the earth workes stood firme . by all this shot only two persons were hurt , for the battery was so neare , that if the bullet missed the wall , it flew quite over the town , or lighted at randome , yet in the intervalls of the great shot after each discharge our musketiers playd hard , and killed foure principall cannoneers , neither were the people daunted at the noyse of cannon , which by the slender execution , became so contemptible , that at that very time women and children wrought hard in lining the walls and repairing the breaches . the enemy continued the storme by sending granadoes which were guided by the hand of providence into by-places , and sometimes falling upon the houses did rend and teare the buildings , when the people within were preserved . after ten dayes siege two severall parties were designed for the nayling of the enemes cannon . these were commanded to fall into the trenches and march on till they met each other . the one party of about two hundred musketiers of the town regiment commanded by captaine stevenson and captaine moore , sallied forth at the northgate , to have fallen into their trenches at the east port , but by the mistake of their guide , over a marish ground and full of ditches , were brought round about to sir iacob ashleys quarter , where most of them came not up ; only fourty musketiers , encountred with five colours of the enemy , slew divers of them , took two lievtenants prisoners , forced back the rest , and marching a little farther , faced and fired at eight colours more , and so retreated : in the retreat two troopes of the enemies horse came on the reare , whom our men facing about and charging forced to fall back and made good their own retreat ; in this distracted skirmish two of ours were killed , three hurt , and a sarjeant taken prisoner . the other party of the lord stanfords regiment commanded by captaine blunt and captaine white , sallied by boat down the river on the southpart of the town towards the maine leagre , marched up to a square redoubt ( our cannon in the mean while playing upon the houses in the suburbs ) beat them thence , killed a major with some common souldiers , and advanced to meet the other party . but the design failing through the misguidance of the other party , they were called off , and by the help of our ordnance made a faire retreat without losse of any , onely two wounded . the failing of the enterprize crossed a brave exploit and seasible , they might have scoured the trenches under the shelter of our walls : neither did the enemy take care to prevent them by turning the mouthes of any one piece of ordnance upon the entry of the entrenchment . neverthelesse the crosse event did much amaze them , that a small party should runne up to their head-quarters , force their men , and recover back without a sensible losse . certainely the care of a higher providence preserved and brought off those many severall parties , when the vanquishing of any one of them must needs run the city upon extream hazard ; for our whole strength remained upon the works day and night , except the reserve of a hundred and twenty men at the maine guard. one rare and slender rank were to receive the storme without seconds , yet the safety of the whole did require those frequent sallies , a desperate remedy to a despairing city : not only to cast back the enemies preparations , but to amaze them , that the souldiers should be held up in such heigth of resolution , and cause them to expect more hot service from within the works : our men likewise were to be kept in the heat of action to prevent the fainting of the spirits : their hands also imbrued in bloud did the more enrage them . nor by safer meanes could they overcome the terrour , which by the reputation of the kings army might possesse their minds : the enemy were kept waking by continuall alarums to waste and weary them : and t was the care of the governour to cause a perpetuall noise ; that whensoever their cannon had been silent for a while , one or two of our guns gave fire to disturbe the calm , and signifie to the country that we were yet alive ; for the besiegers ever and anon scattered reports of the taking of the town , with a purpose to prevent our reliefe . all things within did presage a deliverance . the sadnesse of the times did not cloud the countenance of the people , they beheld their fortunes with a clear brow , and were deliberate and chearfull in the endeavours of safety . no great complainings were heard in our streets , no discontent seized on the souldiers , at other times prone to mutiny ; men of suspected fidelity did not faile in action ; every valuable person was active in his own place : the usuall outcryes of women were not then heard , the weakenesse of whose sexe was not overcome by the terrible engines of warre . and our becalmed spirits did implore divine assistance without consusion . the governour personally performed , ready at every turning of affaires , and gracing the businesse with speech and gesture ; upon the least intimation of diffidence he pretended rationall hopes of successe , adding withall that our late yeelding could not mollifie the kings army , and if in the close we must needs be lost , no suter meanes of safety then by the utmost gallantry to constraine honourable conditions . the enemy still prepared for a generall storm , mean while seeking to waste our magazine , which they knew must needs suddenly fayl , expended their own store , and dayly acted to the terrour of the inhabitants ; shooting granadoes , fire-bals , and great stones out of their morter-peeces , and had now planted a battery on the southside westward , unto which the lower part of the town was open . thence in one night they shot above twenty fiery melting hot iron bullets , some eighteen pound weight , others two and twenty pound weight , which were seen to fly through the ayre like the shooting of a starre . they passed through stables , and ricks of hay , where the fire by the swiftnesse of the motion did not catch , and falling on the tops of houses , presently melted the leads , and sunk through ; but all the skill and industry of the enemy could not set one house on fire . they still playd their great shot against the wals , and wrought hard in filling up the moat with faggots and earth at the place where they battered , where also they built a gallery over the head of the trench , the breadth of foure abreast ; in the shelter whereof they had almost workt themselves over the moat . then we found that they had sunk a mine under the east gate ; whereupon the governour commanded a counter-mine in two places , but finding the springs , left off , conceiving for the same reason the endeavour of the enemy to no purpose . to discover or interrupt this work , a serjeant with five daring men were put forth at a port hole in the dungeon at the east gate , came close to the mouth of their mine , took off the board that covered it , and for a while viewed the miners . one of these cast in a hand-granado amongst them , whilst the foure musketiers played upon them as they ran forth , and with the noise of our men from the walls gave the whole leager a strong alarm , and crept in at the port-hole without harm . wherefore discovering that the enemy notwithstanding the springs , went on with their mine , we renewed our countermine ; for they had sunk a great depth under the moat , and extreamly toyled in drawing up the spring water , till at length they had gotten under the gate that our miners could heare them work under them , and did expect to spoyle them by pouring in water , or stealing out their powder . for a remedy to this mischiefe , and withall the enemy having planted store of canon baskets within half musketshot of the east gate point blank , intending a battery there , upon the springing of their mine ; we made a very strong work crosse the street with a large trench before it , and filled it with water , intending to raise it up to the eaves of the houses , and to plant some cannon there : we answered their severall approaches by so many counter works . a sconce was built upon a rising ground that looked into their trenches , where we could plant foure piece of ordnance to cleare within the wals a ground called the friars orchard southward , and scoure their flank upon their entrance at the east gate , and so northward . also an inner work was drawn from the south side along the middle of the orchard , and all passages stopt between that and the east port . and to hinder their gallery we began to undermine for a place to put forth a peece of ordnance at the bottom of the wall , to batter the flank thereof ; which was perfected and a saker there placed . commanded men were drawn out upon the walls , granadoes provided , and when the great gun played upon the gallery , the musketiers sent plenty of shot , and cast divers granadoes into their trenches ; in the mean while ( they firing their ordnance against the top of the wall ) we cut off a maine beame of the gallery with our bolt shot . but the same day the enemy had sunk a piece against the port-hole of out mine , and forced us to withdraw the sakre , yet we cast them back three dayes work . and because all this side of the town had no flankers , nothing did more offend the enemy in their entrenchments then an old barne at a corner point , near the north port , in which was mounted a peece that commanded three severall wayes , and obliquely looked into their trenches , and oft times did good execution upon the pioners . this was the chiefe strength of that side , conceived the weakest part of the town . vpon the key head an halfe moon was raysed , with a breast-work upon seavern side under the castle , and the river chained , to defend an assault from those high grounds beyond the river , which was ever feared by those within . his majesty constantly residing at a miles distance , would not solemnly invite by publique summons , lest hee should detract from the honour of his enterprize : neverthelesse , those about him dealt underhand by sundry advertizements of the kings displeasure , threatnings , perswasions , and many intimations of possible grace and favour . some of our neighbours in their own names desired admission to a conference , and perswaded the surrender of the city , in regard of the great power and terrible menacings of the enemy , with the small hopes and in a manner impossibility of reliefe ; adding withall the heavy burthens under which the countrey groaned . the governour made answer , that we were sufficiently conscious of our own strength , and the ground of our resolution , and that we did not think our selves obliged to the enemy for the hopes and offers of favour . these manifold perswasions made the besieged more obstinate , and enabled them to understand themselves as a people worthy of entreaty , a prize worth the purchase , and in no wise lost or desperate , the enemies themselves being iudges . as the ●ouldiers within were heated with their own performance , so the enemy without being wasted in a lingering design before the houre of service came grew feeble in their own thoughts and to us contemptible . our common souldiers took to themselves a liberty to revile , prevented and confounded the enemy with the self-same language in which they were wont to abuse and scorne our party ; which contumely , though it begets a more deadly hatred and desire of revenge in generous mindes , at that time did deject exceedingly and debase the spirits of their private souldiers , who had never performed one gallant atchievement , and to whom the sturdinesse of our men was well known . the slownesse of their design in that form of a leaguer , proceeded from the desire of saving their foot , with this presumption , that there was no power to raise the siege ; which confidence deceived them , till too late ; for their foot , after those many knocks , and the first fury spent , were not so capable of the service , without the help of many tedious preparations . wherefore besides their mine and battery , they framed great store of those unperfect and troublesome engines to assault the lower parts of the city . those engines ran upon wheels , with planks musket proof , placed on the axel-tree , with holes for musketshot , and a bridge before it , the end whereof ( the wheels falling into the ditch ) was to rest upon our breast works . our reliefe seemed slow , and the straitnesse of the siege debarred all intelligence . only two spies which we sent out , returned from warwick , and brought newes of the advance of the lord generall . the report of his excellency , who then lay under a cloud , did give no great assurance . the truth is , the sense of the depth of our distresse did not reach us : sir william waller , upon whom the citizens of london cast their favour , had not the reliques of an army . the generals army crumbled away : the malignants of london fomented tumults in the city , and insurrections in kent distracted the businesse . the house of lords voted a treaty with the king , the house of commons debated the matter . the resolution of gloucester turned the stream , whose succour was resolved upon as the kingdoms safety . the recruit of the army was too slow for the service . the london trained bands or none , must relieve us ; but could not agree who should undertake the businesse . essex was not favoured but the more prudent saw that he must be the man. that none might decline the service upon whom the lot fell , the shop windows were commanded to be shut up and trading for a time suspended . the expedition was hasted in every pulpit carried on with continuall fasting and prayer : an army was framed in an instant , and marched with incredible swiftnesse . prince rupert with the greatest part of the kings horse drew from gloucester to retard their march , but still appearing in the van did no more then drill them along . the enemy stayed before us till the last houre , judging every particle of time a great advantage not knowing what a moment might bring forth . they within not satisfied with the former intelligence , sent out two other spies with a double signall , first one fire on the side of a hill to signifie their escapes , and two fires on the same place if they heard good newes ; which latter was accordingly performed and beheld by us . the fifth of september was appointed for a publike fast , to be kept by such as might be spared from labour . this day we discovered their carriages marching from the leaguer , and their horse and foot marching after ; yet we were not confident of the raising of the siege till the men were drawn out of the trenches , and the reer-guard fired their huts . we then perceived that god had sent a deliverance , and that in the close of a solemn fast , as a gracious returne of prayer . this evening the lord generall came to the brow of the hills seven miles from the town , and fired a warning piece , but by reason of the contrary winds the report was not heard , neither did the newes reach us that night . wherefore we did not venture upon the reere of the enemy with our slender and wearied forces , but kept as strong and watchfull guards as any time before ; presuming that reliefe at hand had raised the enemy , yet suspecting that in point of honour they would attempt something worthy of a royall army . but abiding before us to the last extremity , they were driven away with great confusion , after so many vowes of victory and revenge , when their mines , batteries , and engines were in readinesse . this hurry preserved the countrey from injury , which by them was devoted to ruine . his majesty was forced to leave the town behinde him , and constrained to a tedious march in that tempestuous rainy night ; their carriages were not got up the hills till the next morning , which distraction was not known to us : and the generals army was tired with long and continuall marches . the admirable care of providence was beheld in the season of our reliefe , when all things were prepared by the enemy for a generall storme ; our ammunition consumed , but three single barrels of powder left in our magazine , and not so much more elsewhere : in the little harm done by their cannon , and morter-pieces , that sent amongst us so many terrible messengers . our lost men taken or slain , did not amount to the number of fifty , and of these but two officers were slain . captain harcus and the governours ensign ; yet we killed of the enemy ( who never ventured an assault ) above a thousand men , by the lowest confession . the king expended much in ammunition , engines , and keeping together the discontented souldiers , besides the losse of his pretious time in that full tyde of victory . here was a bound set to the swelling of those proud waves and the rock that split that army ; when the queen was sayd to be transported with passion because her counsell was not followed , who advised the king to wave gloucester and advance for london , whilst the parliament had no army in the field , the number of malignants in the city did equall the rest , began to rayse tumults , and the actions of state were unresolved . this city diverted the enemies thoughts from that rare opportunity , which not so conscious of the kingdoms weaknesse , held up beyond reason , and gave a breathing time to the state to effect its own reliefe . great was the failing of the kings hopes in this defeat , who by the gaining of this town , would have held an undivided uninterrupted command , and the granary of the kingdome in the heart of his country , on the west bounded with the sea , cleare through the middle of the land to the northerne parts , where also the earl of newcastles army prevailed , and in breadth reaching from the utmost wales to the london association , and backed with ireland , with whom an accommodation was then preparing . neverthelesse the raising of the siege was but an unperfect deliverance . the successe of the generals army with the supply of our wants were to make it compleat . for the enemy continually lay at our doores , commerce was clean taken away , and we farre distant from the fountaine of future supplies ; wherefore during the stay of his excellency , parties of horse were continually sent abroad to fetch in provisions out of the enemies quarters , and malignants estates . the granary was quickly filled . the generall left three culverins , forty single barrels of gunpowder , and set the garrison in order . the london train-bands and auxiliaries supposing the work already done , and the date of their commission expired , earnestly contended homewards , yet must they break their way through the kings army , and give him some further blow to secure and perfect the reliefe of this garrison ; for so confident were the enemy of their own strength , that many thought his majesty ill-advised in not fighting with the earle of essex neare gloucester : wherefore the generall was to secure this retreat , to take heed lest he be penned up in these parts , and with that speed made after the kings army ( which by this time had gotten some miles in the van of our army ) that some horse and foot out of the remote quarters marched above thirty miles before they rested . they came up before cirencester where the king had left a strong party . the forlorne hope entred the town whilst the rest surrounded it , killed the sentinell sleeping , marched up to the market place without opposition ( the enemy supposing them prince maurice his forces , that night expected ) till they entred the houses and surprized them in bed , took foure hundred men , and thirty cart-loades of bread , cheese , and other provisions , a great reliefe in a wasted countrey , and the only support of the souldiers against the battle at newbery . the successe of which battell did close up with honour , that happy and gallant undertaking of the lord generall , and the citizens of london : as brave a service as these warres can shew forth , enobled by its wonderfull rise , lively progresse , nimble expedition , admirable fortune and honourable conclusion . notwithstanding his excellency had hereby disabled and broken the kings army , and secured the garrison of gloucester from a sudden reverse ; yet his own army was sorely bruised , and retiring to london , left but a little burthen upon the enemy on that side . by which meanes they were free to molest these parts , and this garrison left to beat the brunt , provide for it selfe , and run the danger though not of an other siege , yet of blocking up and ruine by the spoyle of our countrey , which that party decreed to destruction ; and the enemy at the doore and the distance of our friends did threaten no lesse . not a man could be left by the generall to encrease our strength , nor money to content the souldier ; there was only an assurance of help from the parliament , when the arreares of officers and souldiers were large ; the governour made certaine propositions to the parliament concerning the support of this place ; that since at such a distance he could not expect a constant supply , they would send down at once ten thousand pounds and a thousand men , farre below the places due ; according to the termes of the souldiers entertainment , might set things in a thriving way , and enable the souldier to act of themselves without those continuall cravings and out-cryes against the state. vpon which termes the activenesse of this government gave assurance of the framing of an army to master the countrey then enthralled to the enemy , yea , to lie upon the enemies quarters , consume their store , distresse their cheife garrisons of bristoll and oxford and endanger the rest as hereford and worcester , and stop their supply of men and money . such a strong beginning had been more then halfe way to the end of the work . but the state seemed to walk in a frugall course and desire a daily dropping of reliefe , rather then to entrust much , which is not the way of great performance nor can bring to the end of the design ; when as this rationall adventure might give the encrease of an hundredfold : and upon the failing hereof the greatest mischiefe could bee no more then the losse of that expence . wherefore they voted a supply and raised men and moneys in a languishing way , that those five hundred listed for gloucester were reduced to a fifty , ere they could reach us , and the greatest part of the money squandred away without a sensible advantage to this garrison . after newbery fight sir william vavasour was sent to hereford , with a strong party to raise forces in those parts with commission to command in chiefe in the countreys of gloucester and hereford , and a command from his majestie to distresse gloucecester on the welch side , and to garrison tewkesbury . colonell massie was not satisfied in keeping his own garrison , but eager of continuall service , to destroy or disable the enemy , for which no other place in the kingdome was conceived capable of the like advantage : wherefore by himselfe urged , he set upon the parliament with importunate complaints that for lack of strength great opportunities of service to us and disservice to them were lost . and a greater mischiefe did exercise this government , the want of men and money , and ammunition to defend it selfe ; upon which , extreme scarsity of provision was like to follow , and in these hopes did the enemy blesse themselves ; so that the advantage and honour of maintaining the city against the violence of an army was like to vanish in the lingring death of the place . and the governour was about to embrace an other command in the generalls army , yet reserving a submission to the parliaments pleasure who required him to continue his service in this government . this charge was surrounded with difficulties and each day brought forth some new birth . when the enemy begirt us in their winter quarters , the hopes of our promised succours were past without the convoy of an army . not one gentleman of the countrey durst be seen to assist us , no member of parliament did reside here to encourage the businesse . all things rested upon the governours sole care both to store the garrison with provisions , and raise money out of that small pittance of the countrey out of the enemies hands . the discontent of the souldier was now heigthned and ready to cause a disbanding . to make good the place was the parliaments command : and inevitable necessity was the cheifest law to support it . wherefore apprehending more misery then in the late siege , the governor was constrained to lay some easie taxation on the countrey to supply the present exigence , whilst the enemies power extended on all sides almost to the gates of gloucester . hereupon daily complaints were brought before him , that the taxes were unequally rated by the officers of the severall parishes , that such as were broken by the enemy , were rated as high as if their estates were entire . the governour represented these things to the parliament , earnestly begged their direction in his intended course , which by them was not in one syllable contradicted : wherefore at a councell of warre the condition of the countrey was debated upon , and an order made that some officers & citizens should be intreated as a committee to hear and rectifie the complaints concerning assessements , and to use that moderation which reason did require . not long after a petition was presented to the governour in the name of the countrey , that one monthly rate without other charge , might be imposed upon them , likewise that the rate might be made according to equity , and the poore spared ; that the money might bee paid in to the common treasurer , whence it should issue as necessity required , and that a choyce committee might be appointed to over-see all the money rated , received and disbursed . the governour to manifest his desire of the peoples satisfaction , and that things might bee carryed in a just and equall way , ordered by the consert of a councell of warre , that a committee of officers , citizens , and countrey gentlemen , should regulate the assessements of the countrey according to their desires . some of which gentlemen not long after were of the committee for these counties by order of parliament . moreover , this committee moved at a councell of warre for a further power to heare and determine such businesses as by the governours speciall order should be referred unto them , to examine upon oath , and commit all such persons ( officers and souldiers only excepted ) as should offer contempt ; and this they enforced with these reasons : . because there was no committee of parliament then in being , nor would any adventure such an undertaking in an oppressed and distracted countrey ; and the necessities of the garrison did admit of no delay . . that this committee consisting of souldiers , citizens and countrey gentlemen , would give satisfaction both to the countrey men , who payd their money , when themselves were acquainted with its necessity and disposall ; and to the souldiers , who being privy to the receit of the money and the countreys indigence , might be contented with a slender entertainment : that at once it seemed to prevent discontent in the countrey , and mutiny in the souldier . . that the petitions of the countrey pressed upon the governour in such multitudes , that a great part of his time which might be spent against the enemy to better purpose , was taken up herewith , or many persons must needs be exposed to injury and oppression . . because all course of law from westminster was then stopped , not a lawyer left in the countrey , no court of equity to relieve the oppressed , or curb the extremity of the law , whose present want was not so much in setling estates and determining right , as in providing for the support of the garrison , then like to be ruined ; of which the kings partee had as great a confidence as before the siege . no landlord could receive his rent , no intercourse of trade between man and man , whereby to enable them to pay taxations . and for these reasons such an order by the councell of warre was then assented unto . in this the people never groaned under the governours power ; their voluntary submission was a witnesse of his moderation . and this authority had more of entreaty then constraint , only the sword had some influence of feare upon the injurious ; the proceedings of the town-court not suspended , but sometimes entreated to forbeare upon equitable considerations . and when the governour began to observe some derogation from his intentions , by this committee , he instantly sent a prohibition . t was never his thought to rule by the sword , but in a desperate case by the same to cut out a way wherein the rules of law and iustice might freely passe . he was ever unwilling to take the charge upon him , and by severall letters requested the parliament , that the burthen of government might be layd upon some other ; or if that charge must rest upon him , that they would send down a committee , that might take off the former cares , and permit him to look to the well ordering of his forces for the safety of this place , and to enlarge his quarters , that the service here might not bee only to keep gloucester , but weaken the enemy , and beget friends daily to the parliament . such was the face of government within the city , whilst the enemy acted his part without , and bore down by force on all sides . from hexeford sir william vavasour with about seven hundred horse and foot marched into tewksbury , with a purpose to garrison that town . a wide and open place not easy to be held by us , who had neither competent strength nor time to fortify , the kings forces continually lying upon us . sir william made shew of setling the garrison , styled himselfe governour of tewksbury , invited the countrey with promises of moderation and candor in all his proceedings ; yet these welch forces had scarce taken up their quarters , but received an alarum from gloucester , by a party that went up in a friggot : and the common souldiers partly discontented with their officers , who had often deceived that innocent people , and betrayed them to the sword ; and partly repining for want of pay , fell into a desperate mutiny , forced their commanders , chose rather to be kild then to fight , and constrained their flight out of the town , hasted over vpton bridge , and did scarce look back , till safe in their own countrey ; and t was to be suspected that many late knocks had beaten out their spirits , but chiefly that they were afraid of this countrey ayre , in which they could never thrive . by this meanes the excrescence of sir william uavousors government was pared off , and himself driven to retire into hereford . neverthelesse we are cooped up with the enemies garrisons round about , and wholly divided from the rest of the parliaments army . sudely castle was maintained by the lord chandos , a great stop to our entercourse with warwick , which was the only way of commerce with london , that a scout could not passe without extream hazard . berkley castle was held for the king by a scottish captain , and subdued the richest part of the county . in the heart of the forrest sir iohn winter strongly fortified and defended his own house : and now the enemy had put a garrison into beverstone castle , resolving withall not to leave one strong house unguarded , both to enlarge their own quarters , and to stop our markets and contribution . our governour began to look forth , and first for want of quarters was enforced to send abroad his own company , which were placed in a defenceable house at frampton upon severn . these were a stop to the incursions from berkley , and furthered the safety of that side of the countrey . an hundred and fifty foot of colonell devereux his regiment garrisond a strong house at presbury , within foure miles of sudely castle . these sorely vexed the enemy in those parts , did a little open the passage towards warwick , and the house proved a good resting place in the repasse . another guard was set at westbury on the edge of the forrest , to affront sir iohn winter , a most active enemy , and one chiefe agent of the popish faction . sir iohn , assisted with the lord herberts horse , threatned us out of the forrest , and had made a passage over seavern at newnham , to afflict those parts beyond the river . notwithstanding all this , our small party by continuall action upheld their repute . some weeks after the raising of the siege , the governour marched with his two troops and two hundred musketiers before berkley castle . the musketiers faced and kept in the enemy , whilst the horse fell into the countrey beyond to fetch in the persons of some principall malignants , but in stead of them met with the lords herberts troops , and an hundred and fourty horse besides , which came to relieve the castle . our horse with some few musketiers fell upon them , put them to a retreat , and slew some few without any losse to our party , who drew off expecting the opportunity of a greater strength . about this time sir john winter entred upon the government of newnham ; whereupon he took the courage to plunder the villages neare gloucester : his horse came within three miles of the city , and drove away store of the countrey cattle . the governour receiving intelligence , drew forth his small number of horse not exceeding seventy , made after and pursued them to the entrance of their new garrison ; where they had already secured their plunder : in the retreat five troops of the lord herberts regiment fell on the reare ; our men drew up in a narrow lane ready to receive the charge , fired upon them , and put them to a running retreat . an officer with twelve troopers made the pursuit , took one horse colours , and some prisoners , and killed a cornet , and quartermaster , which event made sir iohn winter for present quit that government with much distraction . at that time there was no lofty stage of action , because the present enemy did yeeld no gallant opportunity . sir iohn winter was wise for himselfe , nimble in inferiour businesses , delighted rather in petty and cunning contrivance then open gallantry , referred all his industry to his own house , or the limits of the forrest , vexed his neighbours more then weakned his enemy , and advanced the catholike cause no other way then by the plague and ruine of the countrey . on the other side of the city the enemy was imboldned to erect new governments at tedbury and wotton underedge . these did invite the governours march that way , who withall had his eye upon beversione castle newly garrisond , and commanding the rich clothiers of stroodwater : hither he advanced with a party of three hundred foot and foure score horse . these horse sent before were so formidable to the enemy at tedbury , that the governour horatio cary with his whole regiment were put to flight , and dissipated with the losse of fourteene of their men slaine and taken prisoners . colonell massey brought up his men and two sakers against beverston castle , where having surrounded it , hee planted his guns within pistoll shot of the gate , and gave fire severall times . fifty musketiers ran up to the gate at noone-day and fixed a petarre , which neverthelesse failed in the execution . those from within threw granodoes amongst our men , but hurt none , who although thereby forced from the gate , yet they ran up the second time , being open to the full shot of a secure enemy , and brought of the petarre with much gallantry . the design was not feazible for a quick dispatch ; for the gate was barricado'd within , the night came on , and those remote parts did promise no security to so small a party ; likewise the state of the city required them nearer home : wherefore after twelve houres the party was drawn off , and in the retreat advanced towards wotton underedge , where the enemy had placed a kind of temporary garrison with a regiment of horse ; they prepared for the coming of our forces , drew up on a hill before the town to face them , and at night retreated to their garrison ; where our men arrived somewhat late , and found the enemy all mounted , sell upon them and put them to flight , of whom about six were slaine , and twelve taken prisoners , the rest escaping to bristoll . the next day by an over-ruling hand of providence , our party was led back to gloucester , contrary to the hope of sir iohn winter and his complices . these having intelligence of the governours absence with a stronge party , and supposing the garrison thereby weakned , sent to all the quarters of the forrest , monmouth and herefordshire , to draw together and advance for the surprisall of gloucester . it was afterwards suspected a complotment , to be managed by the assistance of malignants in the city . late at night the governour had notice of the enemy in the forrest . thereupon he commanded captain crispe to draw fifty musketiers from the guards and march three miles that way , making good a house that stood on the passage . as yet there was no suspition of a plot , but before our party had passed a mile and halfe , they encountred the enemy who were drawn up horse and foot in a broad lane neare highnam house , instantly fired upon them , slew a captaine , and some foure common souldiers . the enemy were amazed at the sudden and unexpected encounter , forced back with feare , and retreated to huntly , where sir iohn winter had secured his own person : but distracted by the strange repulse , marched off in great confusion at the approach of fifteene horse that fell in amongst the whole brigade , slew seven or eight , and took ten prisoners . this discomfited the enemy and dashed the designe ; yet the hereford and monmouthshiere forces kept their randevouz at coford in the forrest , and still threatned the city . no meanes for the reducing of this place is left unattempted , and at this present treachery was the grand design and over-ruled all their proceedings , and prevented many mischievous acts of open hostility , which might easily have destroid us ; for divers malignant gentlemen of this county went about to cast this city into extreme poverty and exigence by the countreys ruine : wherefore conceiving the present enemies not sufficiently cruell , they importuned his majesty that colonell charles gerrard might quarter upon us with his brigade , to devour , spoyle and burn , besides the expectation of all the mischiefe the lord herbort and vavasour can doe . but this malitious councell and instigation though most opportune for the kings purpose , was afterwards crossed by their own party , waiting upon the successe of a close design . about this time was the act of pacification made by the king with the irish rebels , which began to undeceive the world , and wipe of the varnish of the former oathes and protestations . the world could not believe that any command or power could so soone allay and quell those irish stormes , but that word which raised them up : then did the effect declare the cause of those rare and slow proclamations against that bloudy rebellion , and strange intercepting of reliefe sent from the state to the distressed protestants . the greatest admirer of the kings declarations could judge no lesse then that those rebells did better comply with his intentions then the parliament of england ; since his majesty having two enemies , is resolved to make peace with one to crush the other ; he will fall in with that party that carries least contradiction to his maine designe ; and this was the rebell of ireland ; whose chiefe aime likewise his majesty must not abhorre : for there can bee no lasting compliance without a mutuall engagement . besides , the heads of that rebellion were brought over not as accessaries , but principals in the kings warre , and admitted to the secret councell . and to colour the pacification , the losse of that kingdome and all the sufferings of the english protestants were charged upon the parliament . the english forces in ireland were possest with the opinion of neglect in the state , and were taken off the persuite of a just revenge upon those cursed rebels to warre against their native countrey , and teare the bowels , of the mother that bare them , and therein act a part , and cast in their lot with the rebels themselves . some of these irish forces landed at bristoll , and thence fell down upon gloucestershire : colonell min , and sir william st. leger , with both their regiments , making up eight hundred or a thousand foot , and a hundred horse , all resolved men , with eight piece of ordnance , advanced to thornbury . colonell massey proclaimed entertainment to all such as would tender their service to the parliament , and many private souldiers resenting the difference of the cause came over daily . about the twentieth of december , a party of two hundred horse and dragoones commanded by captaine backhouse , were designed to beat up their quarters at wotton , where they were lately arrived from thornbury : wherefore the party advancing thither , suddenly fell in among them , and found eight hundred men , charged up to the maine guard , and for a while were masters of foure piece of ordinance , but over-matched and borne down by their numbers , were forced to retreat , yet having first slaine , wounded , and taken many of them without the losse of a man. at the same time some of colonell vavasours forces undertook to settle at upton upon seaverne , but at the first shew of an approach from gloucester quitted those quarters . once more doe the clouds gather round about , the storm threatned by the enemies fury , and more violently driven by the malice of some countrey gentlemen begins to arise ; the malignant gentlemen of cotswold provide armes , and garrison strong houses . forces from oxford were expected at painsewick and stroud ; the irish were to lie on this side berkely , the lord herbert and sir iohn winter in the forrest , the lord chandos at cheltenham , sir william vavasour and sir walter pie at tewkesbury , so that by them our destruction is decreed and seemes as a thing done . every corner of the country is pestered with the enemies garrisons , as newneham , lidney , monmouth , hereford , worcester , dimmock , newent , highleaden , tainton , tewkesbury , sudely , saperton , beverston and berkely . opposite to these was the governour constrained to erect petty garrisons , as many and as neare as possible ; for the kings forces were againe advanced out of herefordshire with a greater strength and well prepared . sir william vavasour , sir walter pie , and colonell wroughton are arrived at tewkesbury , and began to fortifie , having a great power with them till the town was setled , and made strong ; yet still disturbed by continuall alarums from gloucester , though the land-flouds hindred our design upon them . the irish regiments rose from wotton , and thence made over the hills for tewkesbury . and because their march was interrupted by our parties , the lord chandos horse joyned with them to strengthen and secure their , advance to cheltenham ; whether they came with foure small piece of ordnance . our men still flirted upon them . and a party of horse and dragoones commanded by major gray , fell that night into charlton kings , and had surprized the lord chandos in his quarters , had he not made a private escape , where the search after him caused the losse of seven or eight private souldiers ; yet they slew some of the enemy , took ten prisoners and some few horse . the next day the horse and foot bended their course to tewkesbury ; our men waited upon the march , and kept them up close , that those parts of the countrey received but little dammage ; when these had joyned with the other regiments , they were supposed to make neare upon two thousand six hundred horse and foot. after a little stay , a part of these forces were drawn off towards warwickshire , to joyne with the enemy that there waited the intercepting or surprizall of our supplies from london , then long and earnestly expected and noised abroad , our powder being welnigh spent , and necessity constrianing us to use a kind of match made of bast. sir walter pies foot , and col. wroughtons horse remained at tewksbury to block up the city on that side , in and about which town fifteen hundred horse and foot were constantly quartered ; colonell washingtons regiment kept garrison at evesham , and a regiment of horse lay at parshore , besides a considerable strength at sudely . these thought to swallow up our approaching succours , or if they did not come , speedily to compell us to yeeld up the city ; for it was reported with the enemy , and believed by many , that we suffered extream penury . and though provisions were not much wanting , being in a fat countrey , yet the reall exigences of the garrison were great ; for lack of pay the discontents of the souldiers were desperate and endlesse . in most of the officers a generall neglect of duty , who for the least check would throw up their commissions , to the governours great discontent and trouble . many inferiour officers forsook us , and common souldiers ranne to other places that yielded a large and constant entertainment , and required lesse service ; whilst honest and gallant men that did not desert their colours , were exposed to misery and want ; yet could we not want men , who daily offered themselves to the service , had wee moneys to pay them . neither had wee any power of men to raise moneys for the garrisons maintenance . our out-guards as presbury , wesbury , essington , frampton , froster , set to preserve the countrey , and keep the markets open , did eat up the greater part of the contribution , and consume our men and ammunition , besides the daily sending out of parties . t was a kinde of shifting life and wonderfull , that the officers command should finde the least measure of obedience . some offcers did expend their own meanes to keep their companies entire ; the governour was necessitated at his own charge to billet above threescore souldiers , besides the charge of a troop . the countrey was impoverished , the commission of excise was not setled , and brought in no considerable summe . the citizens were restrained of trade , and the wayes of commerce stopped up ; and therefore at present they were quite left to the garrison . besides the slownesse and low reports of our succours did exceedingly dis-hearten the people . many countrey gentlemen that were not the confidents of the contrary faction , were about to comply with this government , especially upon the parliaments declaration of pardon ; but the notice of those slender supplies , and the thought of the states supposed neglect , turned them off , and made them more violent against us . for this lasting suspense and bondage under two parties did vex them : wherfore his majesty was again importuned , to destroy and fire the countrey , if he could not lodge his forces so neare as to block us up . the garrison neverthelesse did not only defend its own territories , but made sundry adventures and inrodes upon the enemies quarters , staved off , and kept them within their bounds . the governour had built a friggot for service upon the river , to secure the countrey near gloucester , on that side seavern , because the enemy commanded greatest part of the river , and landed at their pleasure upon our quarters , from bristoll and wales . this friggot was sent down seavern manned with sea-men and a party of souldiers , for whatsoever attempt sudden opportunity should offer ; and arriving at chepstow , our musketteers hasted ashore , and entred the town , where they surprized most of the officers of colonell oneales regiment , raysed under the command of the lord herbert . these never dreamed of an enemy from gloucester , in that corner of the land , at such a distance . and this was the advantage of the service , that by the surprizall of the officers , it prevented the raysing of that regiment of horse which shortly after would have plagued the countrey . our men having secured their prisoners , and ready to made homewards , another prize fell into their hands , where they took a vessell laden from bristoll with oyle , wine , sugar , and other commodities . these little services were answerable to the times , and upheld the esteem of the garrison in that low ebbe . this expedition gave an alarum to bristoll , and all wales , who to prevent the like inrode , sent up divers friggots to guard the river . at this time sir william vavasour began to appeare from tewksbury , and made an attempt upon bodington house , a petty garrison of ours , only to preserve the countrey . hither he came up with five hundred foot and two peeces of ordnance , fired his gunnes against the house , and engaged himselfe in an assault . the place was maintayned by them within till a small party drew from gloucester , the report of which ( at three miles distance ) caused colonell vavasour to draw of and return back to tewkesbury , with the losse of eight or ten men before the house . neither did vavasour seem to act with that violence , which the out-side of the enemies design did look for : whether retarded by the dulnesse of nature , or the notice of some close contrivance . however , the slownesse and ill successe of his actions rendred him obnoxious to the jealousies of his own party ; which suspition was easily encreased by the intercourse of civility between him and colonell massie , when the known fidelity and constant indeavours of the one could inable him without offence to his own side to disport with an enemy in such complements , as the other had not the liberty to use . such neglected passages have a great weight in the ballance of reputation and honour : since the minde is not revealed by it selfe , and wise men as well as fooles oft-times have only the event to guide their judgements . on the other side of the town , we had continuall skirmishes with colonell veale newly made governour of berkly castle , and assisted with the lord inchequeens regiment of horse . this enemy was no way formidable nor mischievous in any thing save the plunder of the countrey , by whom hee was oft-times beaten back and kept in awe by the assistance of frampton garrison . the church at newnham was againe fortified and defended by sir iohn winter with a sufficient strength of men , and foure pieces of ordnance , whence hee might runne up to the gates of gloucester , rob the countrey and take mens persons at pleasure , only we kept a guard at arlingham to hinder his passage over seavern . colonell man lay strong at newent , highleaden , and tainton : the governour could doe little on that side , only he placed a garrison at hartpury court , both to preserve cosselawne , and to endeavour the engagement of colonell min. our garrison at frampton was removed to slimbridge within foure miles of berkley ; we had other guards likewise at essington and froster , to preserve and enable the people to contribution . thus was the city pestered on every hand , and fetched its livelihood out of the fire , with continuall hazard , forcing the enemies quarters , and defending its own ; parties were daily drawn out by the governour , who then could not aime at victory , nor expect any great performance , though the common people repined that he did not alwayes conquer , when it was conquest enough to keep the enemy in action , and prevent their extravagances , to beare up the hearts of our friends , and signifie to the world that we were yet alive . though the governour was not invited abroad , yet he strove to make opportunities according to the stock of ammunition that was left him ; that councells might spring out of the midst of action . he drew out upon tainton with two hundred musketiers , and with a hundred horse faced the house only to keep in or amaze them , but when the horse marched off , some of their troopes fell on the reare-guard and charged the governour , who re-encountred and charged home some distance before the rest of the troop , and by the breaking of the curb , his horse carryed him amongst the enemies troopes , with whom for a while he grappled , and was rescued by the gallantry of a common trooper , by which time our musketiers were brought up , and beat them back without losse to us . the governour choosed rather to make work for the enemy , and to seek him in his own quarters , then lie at home to expect the challenge ; yet did he play a wary game and though zealous of honour , yet more true to the maine chance and tender of the lives of men : wherefore hee advanced againe with foure hundred musketiers and fifty horse , came before tainton , and with a small party faced the house , having laid some ambuscado's with a purpose to allure them into the snare , and cut off their men , as well to encourage the countrey as weaken the enemy , but they did not adventure out . when we drew thence , our men beheld a faire body of horse at highleaden , whereupon a forlorn hope of our musketiers with twenty horse advanced upon them , and found their horse and foot drawn out of highleaden house : these were to joyn with colonell min , who at that instant was marched out of newent , with a purpose to fall on hartpury garrison . here at the first some few of our horse gave the charge , hurried the enemy and beat up their ambuscadoes : then they drew out their whole garririson and sell on ; their horse did not stand to it , but with their foot there was an hot skirmish almost an houre : and though our seconds were slow in comming up yet did the forlorn hope drive them from hedge to hedge , and after a while our body comming on beat them in , and pursued them up to the very house , took some few prisoners , and came off with the losse only of two men . such multitudes of the kings forces lay upon us to oppresse the countrey and intercept our reliefe , that they were extremely straimed of quarter , and enforced to look forth for livelihood . whereupon two thousand horse and foot marched from tewkesbury to painsewick to gather contribution , and rob the countrey about stroudwater : the governour drew out two hundred musketiers with an hundred horse , and marched to the top of bruckthrop hill expecting the enemy , whom he found divided into three bodies and himselfe born down by their multitude , for whilst two parties faced him the third stole down an hollow lane , and had almost surrounded him unawares by the negligence of the scouts , so that our whole body was brought into great danger , driven to a sudden and confused retreat , and the governour himselfe , left deeply engaged ; yet most of our men got off , being preserved only by the gallartry of a few resolved men that stood in the breach ; and of them captaine george massie striving to retard the pursuit , grappled with three together hand to hand , received a sore wound in the head , and was happily rescued by a serjeant of the company ; of ours , two lievtenants and sixteen private souldiers were taken prisoners , the rest in disorder ran down the steep through a rough and narrow lane , and recovered an house at the foot of the hill , where a party was left to make good the retreat , and the enemy durst not pursue , by which meanes all the bottome was preserved from spoyle ; next day they retreated to few esbury laden with plunder . suddenly after this repulse , we lost two small garrisons at westbury and huntly , by the treachery of captaine thomas davis , who sold them at a rate to sir john winter . this davis commanded the guard at huntly where himselfe by night some distance from the house attended the enemies comming , went in before them as friends from gloucester , gave them possession , and having accomplisht that peece of treason , immediately marched to wesbury where he was received for a friend , and led in his traine of cavaleers , that both places were surprized in two houres , and above eighty men and armes lost in that great exigence . this villaine was posted on the gallowes in gloucester , and the lord generall was desired that his name might stand upon the gibbet in all the parliament garrisons during these things , a treason of higher nature was plotted by the enemy , to a self-delusion in the close , a greater birth requiring more time to bring forth . it was first conceived the nineteenth of november , and for near ten weeks had the prime influence on their whole course in these parts ; and is now ripe for action . all the force they can make from oxford , and the irish are drawn together . the lord herbert , colonell vavasour , and sir iohn winter lie upon us , and prince rupert himselfe lying at newent , hoping to effect this great design . fifteen colours of horse arrived at cirencester , and five hundred horse and foot advanced to saperton and musarden , within ten miles of this garrison . there were of the enemies forces round about , near six or seven thousand . the failing of their endeavours and hopes in the late siege , brought forth a despaire of reducing the city by storme , and put them upon the wayes of treachery , who therein illuded themselves , and were over-acted in their own councels . one edward stanford an esquire , and a grand papist , assaulted the fidelity of captain backhouse once his friend and acquaintance . he presumed that former friendship might make way to admit the plot , and backhouses power and interest in the governour made it ( in his conception ) very feasible . wherefore in a private letter he tendred the renewing of ancient love , not only to the procuring of the kings pardon , but a greater advancement and fortune then the condition of those whom he served , could rayse him to . this might be purchased by the delivering of gloucester into their hands , which was not hard for him to perform considering the nature of his employment and the honesty of the enterprize was grounded on the old proverb , fallere faltentem non est fraus . an hasty and abrupt temptation and the tempters irrationall confidence did befool him in the first onset , who knew not either to propose or expect such grounds of assurance as the thing did require : but set upon a knowing man , without the knowledge of any imbred inclination to treason or present provocation . except a strange levity , a minde set on mischief , the conscience of delinquency , or desire of revenge , vain glory , or riches , are the sole aimes of a traytor , and the hopes of either must appear large and certain ; but here an attempt is made on such a one who neither by feare was compeld to provide for himselfe , nor enraged against his own party , but acknowledged a present felicity in the work in hand : as though it were possible to perswade a man wittingly to contrive his own overthrow . the letters were no sooner received , but communicated to the governour , who advised to embrace the businesse , and hold a correspondence with that party , practizing that rule by themselves propounded , for these reasons : first , t was a delight and glory to take them in the snare which themselves had layd ; and the advantage was great . . that this treason ( already secured ) might prevent other conspiracies against the city , so long as they had faire hopes of prevailing by this ; lest the contrivance of a second should confound the disposition of the first . . that the countrey under the command of this garrison , which upon the petition of the malignant gentry was devoted to destruction , might be preserved and spared by the enemy , in hope to enjoy the benefit thereof themselves ; for the embracing of this plot did not draw on the enemy , but held his hand and suspended the execution of his fury . . to spin out the plot , and feed their expectation till the countrey had vented in the markets their spare provisions of corn and cattle . . that the enemy possest and taken up with the gayning of the city , might give the parliaments forces in other parts of the kingdome a greater freedome to execute their designes . . that a flattering promise might allay their fury till the winter were past or our reliefe come , and we be able to feed them with harder meat ; and that themselves might taste the cursed fruits of treason , to a selfe-shame and confusion . the design was communicated to captain william singleton alderman , and captain read. for these and the like reasons , backhouse undertook the businesse , and returned an answer in a liberall garb , protesting that he honoured his majesty with his soule , and was ready to perform all reall service . he seemmed withall to promote the plot by requiring sworn secrecy , and agreeing upon a trusty messenger : and that he might seem more deeply to rellish the matter , catcht hold on the promise of reward , and required some unquestionable assurance , that he might not play an after : game poorely . thus the fraud is returned upon them by one that strives to maintayn the repute of integrity , conceiving it no transgression of military honour , to deceive them into a snare by verball equivocation , as well as by a doubtfull action , the common way of the stratagems of warre . this confident reply and the palpable discovery of a sudden change , did not render him suspected , but beyond all reason gave the complotters great contentment , who did not enquire into the conviction and change of his thoughts by due degrees . stanford desired him forthwith to expresse his conditions , propose the way , and descend unto the particulars of the service , assented to constant intercourse , and assured him that none but the lord digby should be privy to the design . captain backhouse drew the modell of the plot in this following letter to mr stanford . sir , yov desire my conceit in proposall of particular propositions , and of my reward : to both which i shall thus propose unto you to present to more mature judgements : whether i may not by drawing out my troop in an evening ( as i can doe at any time ) meet with your forces , and bring them in at the gate on the sudden in a moonshine night , and so master the first guard , which may easily be done , and not discerned till too late ; my troop being above three score , who may be all in the reare , and at your mercy , though i my selfe shall lead in the force , which cannot give the alarme in the night so soon as to prevent the designe . whether if i perswade the governour with a strong party of horse and foot upon some designe to lie out all night eight or ten miles distant from the garrison ( as i know i can doe ) and i my selfe stay at home , in whose absence you may safely advance in the evening to the towns side , when i can come out to you , and so bring you in under colour of our owne forces . whether if i finde out a place stenderly guarded , and somewhat easie to come in at , i may draw off the sentinels upon some pretence , as i can do , being known unto them all , and there direct your entrance . whether if i send for hay , and give you notice of the very time of its comming in , which must be in the night , i may not after the carts bring in some men as carters , who may have snaphance muskets in the carts and some dragoons to fall in in the reare of the carts , who may master the first guard and possesse the ordnance there , and so let in both horse and dragoons who with such ordnance may march through all the streets in the town . these severall wayes i propose for the present , but i conceive that those who have been versed in the taking of towns may make more choice of propositions , any of which if i apprehend it feazible , i shall gladly undertake , or render a reason of my dislike . as for my reward i am right sensible of how great concernment the businesse is to your side , and although it be utterly against my spirit to indent before hand , especially with such gallant and noble personages ; but the straits i have beene put into for lack of money , ( having received no pay for my selfe from those whom i serve ) and my estate and charge bids me look to that . i shall expect two thousand pound to bee secured , two or three hundred whereof i shall desire you as my friend to procure in hand , that i may bee enabled to beare up my port and credit , especially among the common souldiers and vnder-officers of the garrison , to whom i must be open handed , and engage affection , that they may be ready at my call . secondly , to engage mine owne troop , and to binde such unto me with a silver cord , as i shall finde fittest for my purpose ; and withall plentifully to reward the entercoursers between you and me , that they may execute our commands with all celerity and trust . this i leave to your consideration and mannage , and hope that ere long we shall meet to discourse it , when all the world shall not know . r. b. these propositions are sent to oxford , entertained by the kings cabinet-councell , the lord digby becomes the great undertaker , and ratifies the proposall of captaine backhouse in the following letter : sir , you having so farre declared your desires to serve his majesty unto my very good friend master stanford , i thinke it fit you should now receive some more authentick assurance of his majesties gracious acceptance thereof , then perhaps you will thinke his bare assurance to be . therefore i doe here solemnely engage my word unto you both as a minister of state , and a gentleman , that if you shall performe faithfully what you promise there , you shall punctually receive immediately after , such a pardon as your selfe shall desire , and the summe of two thousand pounds . as for the three hundred you desire in present , such a confidence i will have in your word , that as soon as ever i shall have received your answer to this under your hand , it shall be forthwith paid into whatsoever place you shall appoint , or to what person . as for the particular waies of effecting our designe , those you propose are very rationall , but the choice , and disposition thereof must be between you , and those that are to execute it , with whom if it were possible you should procure a meeting at some unsuspected place . i doe propose unto you the choyce of severall men , and whom of them you shall like best , and thinke fittest by reason of the place where his command is , to him alone , and to no other the businesse shall be imparted , whether sir william vavasour commander in chiefe of the forces now in gloucestershire , or colonell myn , commander of a brigade of the english that come out of ireland , or colonell washington who is at evesham ; or lastly , whether the governour of berkley-castle . as soon as you shall send me an answer you shall receive satisfaction , from him who hopes you will so behave your selfe as to make me , your assured friend , g. d. here this degenerate lord sels his honour and betrayes the esteeme of gallantry , by promoving and engaging himselfe to reward the vilest treason , and to insinnate himselfe into the close workings thereof , when many brave spirits out of their abundant justice have disdained the proffer of so base a service . and herein did hee derogate from the repute of an able statesman in relying upon the doubtfull expressions of an unknowne person , and whose condition could not invite any of the least ground of beliefe . hereupon a correspondency was held with the lord digby ; unto whom backhouse made his reply , that his lordships directions suted with his owne former proposals made unto master stanford , to wit , that the commander of the forces to be imployed herein must be conscious of the designe ; and as touching the choice of a chiefe actor on their part , he conceived sir william vavasour the fittest man , because he was neerest the businesse , his men lying at ledbury , when the rest were more remote and of inconsiderable strength : as also because he had the best advantage to make his approach undiscovered , there being no suburbs nor house neere the city from his quarters , nor any out-guard to give the alarm . and for himselfe , upon a few daies notice he would comply with their expectation , as the actors should agree upon all circumstances . upon this they returned large expressions of reward , and honour , but the present payment of the three hundred pound was waved by stanford , as much as possible , upon pretence of the danger of mis-fezance in the maine plot . backhouse would not admit the excuse , importuned the payment , as well to have something in hand , as to let them know the great wheele that turned him about , that the palpable shew of corruption might make them more confident . neither could they well keepe backe the earnest of this guerdon , lest they should render themselves capable of his dislike jealousie , or seem to suspect his trust , whose adventure ( if reall ) in every line was sufficient to ruine him , and he left to bewaile his owne mis-fortune : wherefore it was resolved that this stanford and captaine backhouse should debate upon the businesse by word of mouth ; they met accordingly in cosl●wne at an houre appointed , without armes or attend●nts , where backhouse received two hundred pounds in hand , with a promise from stanford to discharge a bond of fifty pounds , and was not once urged in the whole conference to an asseveration of fidelity by protestation or oath . he received likewise the contrivance of the plot laid by master stanford , sir william vavasour , and others that were lately come to tewkesbury , which ranne thus : that colonell massie should be drawne out of the garrison with a strong party towards berkley-castle , having assurance that the castle should be rendered , which was really intended by them , that the gaining of gloucester might be the more facile . in the absence of the governour captaine backhouse was to open the gate , and deliver the word . thus was the plot proposed and approved by backhouse , but with additionall advise , that their forces might with all speed relinquish tewkesbury , because he should never perswade the governour to draw forth such a party , whilst they lay so strong upon us . this also was assented unto by the complotters , being secure of their agent , and blinded with extreame desire and confidence . and had not the proposall of the enemy been by themselves deserted , we had possest barkley-castle , and placed a garrison in tewkesbury . yet so farre did they prosecute the businesse , that sir william vavasour sent to require the governour of berkley to draw out his whole garrison ( which was refused , without the kings , or prince ruperts speciall command ) himselfe also commanded a great part of his foot to parshow , professed his endeavours to march with the residne , and all the horse ; but that his majesties commissioners were so averse as by no meanes to consent or permit , unlesse they might know and approve the designe , whom he professed to leave unsatisfied , lest he might doe backhouse a disservice , and prevent or disturbe the motion ▪ notwithstanding backhouse knew well enough that the 〈◊〉 of 〈◊〉 tewkesbury , and the whole court at oxford are full of this complement ; and so close was the businesse carried that the london mercury had blazoned him for a traytor . wherefore upon this pretence they runne backe to one of the former propositions , to wit , that he would draw forth his owne troope , with one more , which should be put in the reare of their horse , and himselfe lead the forlorne hope into the towne . but he exquisitely declined this way pretending himselfe not a little dashed at the disturbance of the first intention , which in his owne thoughts ranne so feazeble , and alledged the governours watchfulnesse in observing the garrison of tewkesbury , that he had given private commands to the officers both of horse and foot to be instantly ready upon the first advance of their forces , and kept abroad night and day good parties of horse to bring intelligence . so that he could not joyne with them , without suspition or discovery : and as he should be glad to confirme their opinion of his reall performance , for whom he did thus hazzard his life and fortune , so should he be infinitely unwilling to put them upon any enterprize which to themselves might prove prejudiciall : he minded them withall that the true frame of the plot was the life of the action . that one misfeizance in a businesse of this nature was never to be repaired , but crossed the perfection of such an enterprize , wherein he protested himselfe happy if he might sacrifice himselfe to accomplish the same according to his desires . in the close hee gave his opinion , that the governours absence was the chiefe requisite to prepare the businesse , that his presence was not consistent with the safety of their side , especially if the alarm be taken at the first entrance . wherefore he was once more confident to urge the relinquishing of tewkesbury , and upon the removall promised to possesse the governour with a private intelligence of the surrender of berkley , and perswade him to imbrace the supposed opportunity , whilst himselfe should remaine at home with the command of the horse left for scouts , and act the businesse with more ease and safety . this motion effected its intended purpose to bring them on at the west port , to our best advantage against them , and sir william vavasour seemed to incline , but craved a little patience till the contribution were brought in to satisfie the souldiers . master stanford required a particular information of the state of the garrison , and received an account of the severall ports , forts , great guns , draw-bridges , provisions and ammunition . this was taken for a pregnant testimony of backhouse his fidelity , and made them the more bold to come on , who were gulled with such a slender notice of triviall things , that the meanest boy which passed through the streetes might give as great satisfaction : but whatsoever was of concernment he represented to the best advantage of the garrison . after much variety of entercourse , sir william vavasour urged the execution , in regard the parliaments army grew so strong , that what they attempted was to be done out of hand . the plot was thus disposed by captaine backhouse , as well to secure his owne person within the gates , as to render the designe more probable . that whereas being commander of the horse he could require the keyes of the city for the sending forth of scouts , he proposed this way to their liking ; that the very night of their approach he might provide scouts out of his owne troope who should not be ready till the businesse were acted . meane while himselfe would take the keyes , repaire to the west gate , and pretend to stay for their comming , and set the guard which is usually slender to drinke in an ale-house : in which time they might advance , finde no living soule but himselfe at the gate , or a few drunken men , and pretend withall to be our owne men from churcham , where we had a guard of horse and foot , which if they did not disturbe would continue there awhile , and further the performance . thus the safety of the countrey , and our small garrisons was still interwoven in each part of the plot : and they deceived with so great a semblance of reason , that they could not suspect , though in every motion hee constantly waved selfe-ingagement , and personall danger . the maine care of the businesse is to draw them on to a selfe-destruction : and the last modell complies with their fancy in each particle , and to their second thoughts likewise appeares still more rationall . on the fifteenth of february the 〈◊〉 time is come , nine of the clocke at night is the houre appointed , the guards are to be drawn off from the further bridge , and the sentinells to be taken in . prince rupert is to advance with fifteen hundred horse and foot , and it would be very satisfactory if captaine brickhouse met them with his own troop pretending to beat up a horse quarters , but this they urge not it it be found inconvenient . in the evening a messenger is dispatched , from gloucester to the enemies quarters , with the watch word for their assurance and some private directions for their march up the town ; while himselfe waited at the gate , which he undertook to set open , if they came by nine of the clock , or within half an houre-after . after the messengers dispatch , the ports were shut up round the city , carefull sentinells set , the governour called a councell of war , acquainted the officers with the plot , gave order that aswell citizens as souldiers should continue that night in armes : drew to the westgate three peeces of ordnance , and a strong guard of musketiers well provided with granadoes , and commanded foure stout men in a boate under ouers bridge halfe a mile distant from the gate to lie under the maine . arch , with direction that upon the firing of the first ordnance they should out a cable rope , which being done the bridge would fall into the river . by which meanes they had all been killed , drowned or taken being cooped up in an island open to our shot without possible meanes of escape . in this preparation and posture we continued all night , watching the time to have delivered our selves from the future mischiefe of such bloud thirsty enemies , they advanced with their whole body of horse and foot , but before they came within a mile and a halfe of the city it was open day , when having lost the time by the slownesse of their manch , they durst not come on but instantly retreated to newent , from thence captaine backhouse was informed by letters of the reason of their faylings , which induced us to believe that the enemy did not yet know that their designe was destroyed . wherefore we indeavoured secrecy , and the next day suffered no man to passe the ports , desired to salve the matter and bring them on once more , but the whole frame quickly fell asunder , though the languishing enemy gave some cold entertainment to a few patching letters , because they were ashamed to acknowledge such a strong delusion . as they had all justly perished in their own hellish mischiefe , so are they deservedly branded with notorious folly in the whole mannage : and the chiefe undertakers might have learned not to indulge their hopes of faire conclusion by their own subtilty cogitations , and the shew of a neate contrivance , when nothing beneath a like mutuall engagement , and strong necessity doth deserve assurance and confidence . neverthelesse the pregnant hopes of this maginary treason , as it brought forth a lie to the contrivers thereof , so it wrought much good for this garrison , and the common service of the state. the imbracing of the motion held up the desires of the enemy , and made them lesse active elsewhere . it preserved the country till our succours came which were every day expected . neither was this plot the cause that the power of the enemy did beare hard on the countrey ( for here was the confluence of their winter quarters ) but since we must beare their burden , it made it the lesse grievious . 't was impossible to keep out an enemy , but all the skill was to allay his fury and hinder the acting of mischiefe : which was carried on with violence by the malignant gentry , and that party that were not privy to or disliked the plot ; inso much that sir william vavasour was complained of , reviled and cursed : and at once lost the opportunity of action and advancement in the kings service . the enemy swarmes in every corner , except the county of the city and whitstone hundred , that each day creates new troubles , and the governour constrained on one side , or other continually to draw out strong parties , to defend our selves , maintaine our markets and incourage that part of the country which is yet clear : all advantages were taken to ingage the people and herein did the governors industry put forth it selfe in setling the country in a posture of defence , when the command of the city did not reach above three miles some wayes , and not above seaven miles on the best side . at severall randezvouzes published the nationall covenant and declaration of both kingdomes expressing their mutuall care of repayring our breaches and perseverance in their maine undertaking , which gave great satisfaction to such as were damnityed in this cause , and confirmed unto them the vigor and strength of the parliament . by which meanes the nearer parts became wholly ours , not only yeilding a supply of maintenance , but engaging themselves on their own and our defence . and some of them that did not seem to confide in the state were drawne in being first enraged by the enemeis cruelty , which discontent and desire of revenge the governour cherished , and raised to an open declaration , and unawares of the multitude put them beyond the hopes of a faire retreate . so that these men observed the enemy upon every motion sent alarms to the city , and in a great part took off the feare of a sudden surprizall . amidst these things the expectation of the london supply , and the dayly hopes of money strongly upheld the common souldiers by a meere delusion : its delay became a greater advantage , since its reall strength had before bin crumbled to dust . no part of the kingdome was capable of better service by a considerable number , yet a meane and slender reliefe did not onely not shake off the burthen , but disgrace the businesse and contract , and sinke the mindes of men when hope doth enlarge and beare up . the governour therefore advised the stay of the convoy , and was willing to expect such a party as might inable him to beare off the enemy fifteen miles round about . want of ammunition was the greatest exigence , and the preserving thereof ; till a supply came was the maine hinderance of all designes ? neverthelesse we had perpetuall bickerings , that the enemy might not grow upon us and our dayly nimble performances were unto them as a continuall dropping . amongst others a party of horse and dragooners issued forth as far as marshfield , fell upon a troope of horse quarters there and brought thence a lieutenant , cornet , and quartermaster , with a few common prisoners , and such horse and armes as the troop did yeild . whilst colonell ueales foot , and the lord incheequeenes horse lay in and about berkely , and sorely oppressed the country , we fell into a horse quarter of incheequeenes ▪ regiment , and took a major and two captaines , three lieutenants , two cornets with two colours and other inferior officers and souldiers , to the number of three and twenty , all this while the strength of the kings army is lodged between us and warwick , to intercept our relief and in thought have already divided the spoyle . sir william vavasour willing to act something in the latter end of the day , to repaire his credit in the kings army , desired a greater strength with a sufficient artillery to distresse and straiten gloucester , and having obtained two culverins from oxford , with a proportion of powder , he advanced with a strong brigade towards painswick with unusuall preparations and expectation . their march afflicted the country , and indangered our out-garrisons . the enemy were confident to the last that extremity would compell us to yeild up all to their mercy . sir william vavasour entred painswicke with as gallant horse and foot as the kings army did yeild . here the governour had placed a guard in a house neer the church , into which the church also was taken in by a breast work of earth . the intention of the guard was to command contribution , and keepe off a plundering party : and order was given to the lieutenant which commanded to maintaine it against a lesser party , but if the maine body and artillery advanced upon them , to relinquish it and retreate down the hill to bruckthrop ( where the governour had set a guard to prevent the enemies falling down into the bottome ) for which purpose they were assisted with a troop of horse , to make good such a retreate if need were . but the lieutenant more confident of the place , and not understanding the strength of the army , and not willing to draw off before the last minute , was inforced by the enemy to engage himselfe , and many willing people of the neighbourhood in that weak hold , and upon the first onset deserted the house being the stronger part , and betook himselfe to the church , which wanting flankers the enemy had quickly gained by firing the doores and casting in hand-granadoes , some few were slaine in defending the place , and the rest taken prisoners . we lost three inferior officers , seaven and thirty common souldiers , and many country men ; at that season the governour had commanded to stroud , another guard of fifty musketiers to support and strengthen the place in its own defence . but ammunition was their only cry , which struck us dead , and constrained the governour to withdraw that party to the garrison at essington ; for our magazine did then yeild no more then six single barrells of powder , by which meanes he was wholly disabled to encounter the enemy ; only to preserve the bottome , he drew forth the greatest part of both regiments with their colours display'd to flourish at a distance , and summoned the volunteers of the country whom himselfe had engaged in a posture of defence . these were to increase the appearance of strength by day , and at night to guard the severall passages . so that the enemy durst not adventure below the hills , nor seek us in our advantages , nor was it safe for us , who wanted horse , to set upon them in those large and open places ; either party kept their own ground . they wasted the hill countries , whilst we secured the vale : and the souldiers sustained hard duty in marching to and fro to give the country satisfaction , where the enemy prevailed they plundered to the bare walls , and this was the accomplishment of the great service , so long expected from sir william vavasour . this brigade , upon the defeate of sir ralph hoptons army , by sir william waller at charrington down , was commanded hence and instantly marched for cirencester and so to oxford , our horse made after them but could not recover the reare , only they lighted upon some straglers , and in the whole businesse we killed and took near fifty men . this diversion relieved gloucester which else had bin blocked up to the gates , and cast into as great necessity as ever . in this pinch we received twelve horse loade of ammunition strangely conveyed between the enemies garisons , only by the carriers and a foot post , when their designed convoy that set forth a little after and missed them , gave them for lost and returned to warwicke ; the residue of the relief was stolne by parcells through the enemies quarters , for though their greater body was drawn off , yet were we still vexed with their garrisons . not long after there arrived another portion and three troopes of horse to make up the governours regiment . at length came lieutenant colonell ferrar that had the command of these succours with a little long expected pay for the garrison . as for the foote souldiers that came with him out of london , in regard they came severall wayes and at severall times in a lingering march with want of pay , and some taken prisoners , about fifty came to gloucester , and of the rest , no good account could be given . when vavasour was called off the enemy revived and grew bold under a more active leader colonell nicholas min , who commanded the irish brigade . in the first entrance hee began to lash out , and made assayes of action , cut down the bridge at masemore , allarmed the city from the vineyard hill , and took divers of our men that issued out upon a sally over the river in a boate . at this present there came dayly cries for the reliefe of brampton castle in the remote parts of herefordshire , which held out a long time in the midst of the enemies country to the expense of much time and bloud . and their succour was the more importuned by the rage of the enemy , which had lately acted their cruelties upon fourty prisoners of the same command taken by colonell woodhouse in hopton castle , which were basely murthered after the surrender . colonell massie had no forces under his command to undertake a march through the midst of the enemy , when they pressed hard on our own borders , and the brigade of horse assigned for the convoy , and commanded by commissary generall bher were unwilling to undertake the service . yet while these horse remained here , the governour desired to set them a worke that they might not act only to the spoyle of the country . wherefore they joyned with a party of our foot , and made an attempt upon newent , colonell mins garrison , but were called off in the midst of the service by a speciall order from the l. generall . the enemy have lost the hopes of their winter action , and this garrison made the best of a bad game in continuall petty services and small parties , yet beyond the strength of the place , not to conquer , but live , nor to destroy the kings forces but to stave off or delude them . but to enable colonell massie to march with a better strength , colonell purefoy with his regiment of horse about the first of april , was by the committeè of both kingdome , commanded into these parts , and the maine designe was to remove or take in the garrisons that lay round the city . these horse having brought but a slender part of the ammunition , and none of the armes that were sent from london were remanded to warwicke , for the convoy of match and powder : the governour resolving not to undertake a march or action of time without a proportion of powder , both for the field and garrison . upon their second arrivall these horse with a party of foure hundred foot were drawne out with two small pieces of ordnance , and advanced into the enemies quarters , first with a purpose to seeke out colonell min , who was lodged in the nearer parts . but upon the report of our march he fell back from newent and hastned to rosse , where he began to fortify the church with his own and sir iohn winters regiments . the governour made forwards into herefordshire , and kept his head quarters at ledbury to appeare unto the enemy , and in their own country provoke them to action , and in the meane while to fetch in monies for the supply of the souldier , and to ease our neighbourhood , which till then did beare the whole burden . our horse that lay neer upon their garrisons had some encounters , but with no considerable party . from hedbury an hundred and fifty musketiers with the whole strength of horse were drawn towards hereford to command the country , and face the garrison which feared our approach , and for that cause fired a lone house neer the city , but none did adventure to sally forth or fall on the reare in our retreat , so we marched through the greatest part of the county , but the grand malignants were fled with the best of their substance . the governour resolved to attempt the lesser garrisons , but the noyse of our march had reached prince rupert , who thereupon was come to evesham with as great a strength of horse and dragoones as he could draw together with a purpose to fall over upton-bridge , and get between gloucester , and our forces , whilst colonell min and sir john winter held us in play in these parts . wherefore being advertised of the princes march , and suspecting his intention , he drew back the party as well to refresh and preserve his men as to make the enemy secure . but within foure daies the like number were againe drawne out towards the forrest side to attempt and act something upon myns forces , and first they came up upon westbury , once our owne garrison , but betrayed into the hands of sir john winter . here the enemy held the church , and a strong house adjoyning . the governour observing a place not flanked , fell up that way with the forlorne hope , and secured them from the danger of shot . the men got stooles and ladders to the windowes , where they stood safe , cast in granadoes and fired them out of the church . having gained the church , he quickly beat them out of their workes and possest himselfe of the house , where he tooke about foure score prisoners , without the losse of a man. the enemy had an other guard at little-deane , whither the governour commanded a party of horse to give them alarms whilst he fell upon westbury . these horse found the enemy stragling in the towne , and upon the discovery of their approach shuffling towards the garrison , which the troopers observing , alighted and ran together with them into the house , where they tooke about twenty men . neere unto which guard lieutenant colonell congrave governour of newnham and one captaine wigmore with a few private souldiers were surrounded in some houses by the residue of our horse . these had accepted quarter , ready to render themselves when one of their company from the house kils a trooper , which so enraged the rest , that they broke in upon them and put them all to the sword : in which accident this passage was not to be forgotten that expressed in one place an extreame contrariety in the spirits of men under the stroke of death : congrave died with these words , lord receive my soule ; and wigmore cryed nothing but dum me more , dame me more ; desperately requiring the last stroke , as enraged at divine revenge . colonell massie pursued the successe ( whilst his owne men were full of life and hope , that the confidence of the enemy might be dashed by a quicke surprisall . ) and the very next day came before newnham , where a strong party of sir john winters forces kept garrison in the church , and the fort adjoyning , of considerable strength , who at that instant where much daunted and distracted by the losse of congrave their governour . our men were possest of the towne without opposition , and recovered the houses by which they got neere the workes . the governour commanded a blind of faggots to be made athwart the street , drew up two pieces of ordnance within pistoll shot : and observing a place not well flanker'd . where he might lead up his men to the best advantage , himselfe marched before them , and found that part of the worke fortified with double pallisadoes : ( the souldiers being provided with sawes to cut them down , ) and having drawn these close within a dead angle , and secure from their shot , and drawing the rest of his force for a storme , the enemy forthwith desires parley , and to speake with the governour , which he refused , and commanded a sudden surrender . in this interim some of the enemy jumpt over the workes , and so our men broke in upon the rest , who ranne from the out-worke into the church , hoping to cleare the mount which we had gained . but our men were too nimble , who had no sooner entred the mount , but rushed upon them before they could reach home , and tumbled into the church all together . then they cryed for quarter , when in the very point of victory a disaster was like to befall us , a barrell of gunpowder was fired in the church , undoubtedly of set purpose , and was conceived to be done by one tipper a most virulent papist , and sir john winters servant , despairing withall of his redemption being a prisoner before , and having falsified his engagements . this powder blast blew many out of the church , and sorely singed a greater number , but killed none . the souldiers enraged fell upon them , and in the heate of blood , slew neere twenty , and amongst others this tipper . all the rest had quarter for their lives ( save one captaine butler an irish rebell , who was knocked downe by a common souldier ) and an hundred prisoners taken . the service was performed without the losse of a man on our side . after this dispatch the governour marched to lidney house , with purpose to attempt according to what he should finde meet , and in the first place summoned the same to a surrender , which being refused , and he finding the house exceedingly fortified , and no lesse provided with victuall and force , engaged not upon it : and understanding that col. myn with a considerable strength of horse and foot , assisted by the lord herberts forces , and sir john winter , was come as far as coford ; he was enforced with more expedition to draw off , for the gaining of the hill towards them , there expecting the enemies advance till towards evening , when he marched off his wearied men to gloucester , first having fired sir john winters iron-mils and furnaces , the maine strength of his estate and garrison . after these things many gentlemen of the county began to looke towards the parliament , and tender their obedience , desiring protections from this government , to secure themselves from spoyle , and the souldiers violence . neverthelesse as the personall estates of all knowne delinquents within the reach of this command were seized , and the profits of their lands sequestred , so these men were not to be ignorant or insensible of the value of their peace . concerning some the governour desired the direction of the houses , yet granted protections with strict provisoes onely to preserve their persons from the violence , and their estates from the plunder of the common souldier , for the advantage of the publique , till a full conviction , or the pleasure of the houses were by themselves or their committee made known . and this he did according to the parliaments undeniable justice , and the example of other generall officers . as for the moderate offenders , unlesse the state of things did require or permit their utter destruction , he had no other way but to endeavour to make them our friends and confidents , and since it was resolved they must live amongst us , hee desired by love and gentle dealing to hold the way secure and open , that they might imbrace the condition without discontent or feare , and for these protections hee reserved nothing to himselfe but caused the moneys to be paid in to the publique treasurer for the use of the garrison . neither was he sluggish in the spring of action , but immediately fell upon another designe , the surprisall of tewkesbury , by an unexpected onset . for the enemy by the number of their men , and the naturall strength of the place , with the workes well begun , were sufficiently provided to receive an expected and open storme , and the governour shun'd all desperate hazzards , because he did not march with supernumerary forces , but the maine strength of gloucester . wherefore to deceive the enemy the foot were drawne forth at the west-gate , bearing the shew of an advance into herefordthire , and the horse kept their rendezvouz , and looked the same way . but in the evening the horse came backe and marched through gloucester towards tewkesbury , having first sent a guard to upton-bridge : while the foot came on beyond severne . the designe had taken effect , had not the foot by their slow march or mis-guidance passed the houre , which was breake of day , for they came not before the towne till an houre after sunne rising , when we were found not sit to assault a waking and prepared enemy . to withdraw neverthelesse , did seeme but a feeble businesse for such a faire body of horse and foot displayed before the towne , and carried before it the appearance of a baffle : yet the governour , though naturally jealous of honour , could digest such mis-fezance , when the safety of his owne men required , knowing that the opportunity of service would in good time cancell a mis-grounded ignominy , and in his whole course , whensoever the present exigence did not urge a greater hazzard , neglected the hopes of those victories that could not be gained without the weakning of that party on which the maine rest did lie . this party was presently sent over the river , and marched toward rosse to prevent the joyning of colonell myn ( now made commander in chiefe in the roome of sir william vavasour ) with sir john winter , and the welsh forces , as also to raise moneys for the garrison out of the remoter parts , to enlarge our owne quarters , engage the countrey with us , or to lie ready for all occasions of service . there our horse and foot arrived , with two pieces of ordnance , and found wilton-bridge guarded by captaine cassie , and thirty musketiers from gudridge-castle ; a party of our horse advanced upon them , forced the river , and got beyond them ; after some dispute beat off the guard , wounded and tooke the captaine , slew many of his men , and tooke the rest in the chase almost up to the castle . our forces rested here a few daies , and summoned the countrey to appeare , it being the governours constant endeavour to adde daily friends unto the parliament , and to put the countrey into such a posture , that upon all alarms they might gather to an head for their owne defence , and hereupon many came in and declared themselves , by taking the nationall covenant . whilst the engagement of the countrey was thus prosecuted some emergent occasions drew the governour to gloucester , where he found a prisoner captaine oglethorpe governour of beverston-castle , a man rendred odious to the countrey by strange oppressions and tyranny , and who lost himselfe basely being taken by some of our scouts in a private house courting his mistresse , and when once taken , not so high and sterne before , but now as vile and abject . by which meanes the governour was made sensible of the weakenesse of the castle , but much divided in his owne thoughts , whether to leave the countrey that came on so fairely to a selfe-engagement , and neglect the contribution already levied , but not payd in , or desert the hopes of agallant service : till at last considering the great command of the castle , that the gaining of it would free the clothiers of stroudwater from the bondage and terrour of that government , & might prove a great detriment and annoyance to the enemy , in stopping or disturbing their passage from oxford to bristoll , he turned his thoughts to the businesse , put on and resolved to try for it . wherefore he drew from rosse without delay , and commanded his foot over severne at newnham passage , whilst the horse marched through gloucester : the next day he came before beverston , and demanded the castle in the name of the king and parliament . the lieutenant that commanded , at the first returne sent an answer of complyance , farre from the language of a souldier , and without one confident expression . they quickly came to a parley , and rendered upon conditions that both officers and common souldiers leaving their armes , ammunition , bagge and baggage , should freely passe to whatsoever garrison of the kings themselves desired , onely foure officers had the priviledge to take each man his horse . so that without losse or danger we were possest of beverston-castle , to the great content and satisfaction of the countrey round about . 't was lost unworthily on the enemies part , who might have held it with ease . of so great simplicity was he conscious that commanded the garrison as to aske the place , whether our forces intend the next march , expressing his doubts of malmesbury , and feare of being taken the second time . neverthelesse they required a conduct thitherward and were guard d along by two troops of horse , and that very day our forces fell before it . whilst the horse faced the towne colonell massie sent in the summons , but this enemy put on the appearance of bravery fired upon the horse , and colonell henry howard governour of the garrison sent backe a resolute answer . thereupon our foot and artillery were brought up from tedbury , and within two houres drawne into the suburbs and lower part of the towne . the foot broke their way through the houses till they came almost up to the workes , and the onely place of entrance into the towne , which is built upon the levell of a rocke . colonell massie caused a blinde to be made crosse the street to bring up the ordnance , within carbine shot : when on the sudden the fancie of an alarm seized upon our men in the heate of the businesse , that the enemy were sallying out upon them , which was nothing so . this unexpected accident strucke those men that at other times would brave it in the face of an enemy , with such distraon and feare , that they all fled , and left their cannon in the open street . this meere conceit was like to overturne all : but they within observed not . after a while the souldiers recovered themselves , regained and kept their ground , and the governour resolved to storme the towne in three places at once . the severall parties were drawne out to the places of assault , but this designe miscarried through the mis-understanding of the signall . the parties returne unto the governour , who resolved to make the assault at breake of day in one place where himselfe kept the onely passage into the town , having no draw-bridge at the entrance , but onely a turn-pike , whereas the other parts were almost inaccessible , guarded by a steepe descent , and double channell round about . the houses within pistoll shot of the workes were our maine advantage , by which meanes our men were brought safe under the shelter of their workes . and the governour observing the late effects of a panick feare amongst his owne men , gave the charge that they should fall on all together with a sudden and confused noise , to amaze the enemy , and disturbe the command of the officers . the forlorne hope advanced , seconded with a good reserve , all put on together , came up to the turn-pike , and threw in granadoes , the enemy made many shot at randome , in the disadvantage of a rainy night , and their muskets lying wet on the workes . so that our men came all in a croude to the narrow passage , and thronged in , and not a man slaine or wounded in the storme . one onely was killed the night before in helping to make the blinde . colonell howard was taken at the workes after three shots received in severall parts of his garment , each of which missed his body . an hundred musketiers were taken prisoners , many having escaped , besides those of beverston-castle , who came hither for refuge the day before . this service was performed gallantly by our men , after three daies continuall march . upon the first entrance colonell massie preserved the town from plunder , nor at any time did he suffer his souldiers to ransacke any place that he took by storme , giving this reason , that he could judge no part of england an enemies countrey , nor an english town capable of devastation by english souldiers . after a little stay to settle the garrison , and countrey , and to command in some moneys for the satisfaction of the souldiers , and present supply of the brigade , he returned to gloucester ; and the warwickeshire horse were called off into their owne countrey . after few daies the governour having breathed himselfe and his men , resolved to attempt the taking of tewkesbury , a bad neighbour to our head garrison , and where he had suffered the repulse twice before . he was able to draw forth an hundred and twenty horse , and about thirty dragoones , with three hundred foot . for his strength was no more then the standing forces of the city , a great part of which were now swallowed up by the garrisons lately taken in . the horse and dragoones commanded by major hammond advanced some few houres before the foot and artillery , and were to alarm the enemy till the foot came up . they made a hault a mile from the town , and drew out a pretty strong forlorne-hope , conceiving they might possibly surprize them , if they had not as yet tooke the alarm , and first three men were sent before to espy if the draw-bridge were down , and six more behind went undiscovered ; next unto these marched the forlorne hope , and the maine body in the reare . in this posture they advanced up to the town , where they found the bridge down , the guards slender ; the enemy without intelligence , and supinely negligent . on went the first party , killed the sentinels , a pikeman and a musketier without match , and made good the bridge : the forlorne-hope rushed in , and after them a full body of horse and dragoones , fell upon the guards , came up to the maine-guard before the alarm was taken , overturned their ordnance , and charged through the streets as farre as the bridge worcester way , where they tooke major myn the governour of the towne . the enemy threw down their armes , many escaped by flight , and many were taken prisoners . colonell godfrey was slain in the first charge , as also colonel vavasours quartermaster-generall , and a lieutenant , all papists , besides a sergeant , with about six common souldiers . our officers and souldiers supposing themselves wholly victorious , dismounted and went into the houses , some in the vanity of their humour , others for plunder , whilst all sleighted their owne guards , and the making good of the bridge at which they entered , and neglected the taking and disarming of the maine-guard , which lay in the heart of the towne , and cleared every street . whereupon those at the main-guard observing the horse not seconded with foot , took courage to charge some of our horse now in confusion , and many of the enemy out of the houses ran to the guard , and so strengthned it , that they issued out upon our men , put them to a retreat , beat them out of the towne , and took some few prisoners . but before they were beaten out they had cut down two draw-bridges , and secured the governour major myn , who was passed over severne with a small party that tooke him beyond the town . by this time colonell massie was come up with a few horse halfe a mile in the van of the foot , which hasted after to make an assault in this instant of time . but the bridge towards gloucester was againe drawn up and the workes manned on that side ; here the governour placed his company of dragoones , and gave order to fire upon them , whilst he drew his men round the towne , it being now darke night ; but before he could reach the farther end , where he entered about midnight the enemy were fled towards worcester , being daunted at the first assault made by the horse , observing withall our foot now brought up , their owne governour lost , their officers slaine , and most of the common souldiers already runne away . the townesmen through feare durst not give the least intelligence of what had hapned . by which meanes they were past the recovery of our horse already tyred , besides the night and darke weather hindred the pursuit . onely we tooke some scattering foot , to the number of foure and twenty , with a lieutenant . upon our entrance we found eighteen barrels of powder , left by their haste , an hundred & twenty skeyns of match , two hundred new pikes , foure & thirty large hand-granadoes , good store of musket-shot , and two brasse drakes . most of their muskets were thrown about in the fields , ditches , and rivers , many of which were afterwards found , but the place it selfe was of greatest consequence , and worthy of the service , being now a strong frontier-town securing that side of the county , and commanding a good part of worcestershire : and in this nicke of time extreamly crosse to the intentions of the kings army . the enemy confest themselves to be neer seven hundred strong , when our whole body could not reach that number . that very day colonell myn was to march from hereford to ayd this town : but prevented by our possession . these things were acted here while the earle of essex and sir william waller lay neere oxford with both their armys , and compelled his majesty to withdraw himselfe from his strongest hold . the king having shifted between them both by a close and nimble conveyance , and being on a swift march over cotswood hils had this town of tewkesbury in his thoughts for his owne passe , and a stop to the pursuing army , not understanding his losse till within a daies march of the place . the intelligence of this surprisall , and that upton-bridge was made unpassable , perplexed the king , and turned aside the course of his flight towards evesham : where he quartered for a night , and rose thence in great distraction , and caused all the bridges in those parts to be broken down after him , to hinder sir william waller in the pursuit , whom he expected in the reare every hower . in such a hurry , confusion and feare did the enemy run , that a smaller party of horse only with the report of the foot comming after , in a constant and close pursuit might have consumed and dissipated the whole army : which neverthelesse remained a body with life in it selfe , and quickly grew up to the perfection of parts . the governour had reduced these parts into a reasonable condition of ease , and security , made a convenient passe for the parliaments forces through the heart of the kings country , and blocked up the course of the enemy almost on every side , unlesse the maine army did march . malmesbury and beverston-castle lie in the roade from oxford to bristoll , and inforce the lesser parties to fetch a compasse by worcester and hereford , thence round about into wales , and at last to passe the river of severne below berkely castle . when the king had winded himselfe out of the snare , sir william waller could not well follow the chase with his foot and a traine of artillery , though the horse might performe gallantly to the ruine of those who resolved rather to flie before them then fightupon any tearmes . wherefore he made some pause by the way with a purpose to march his great ordnance to gloucester , and appointed colonell massie to meet him before sudeley , where he performed an acceptable service to this country . the governour forth with faced the castle , beat in the enemy , and took twenty horses from under the castle walls , expecting the arrivall of sir wil. waller : who came up within few houres with a strong party of horse . the enemy within discharged their ordnance , and fired their out-houses like men resolved upon extremities rather then to yeild up or lose the garison . in the evening sir william waller summoned the governour of the castle : and it fell out that the very name of his army and presence strooke them to the surrender of that hold that might have expended the lives of many , and much time then pretious in that great advantage on the kings distressed army : yet they refused to render at the first summons . the battery was planted within halfe musketshot . but the great pieces did little execution upon the soft and yeilding stone , nor could the castle be taken by battery : but one shot by chance took off the head of their cannoneer , and exceedingly daunted the common souldier : and the governour sir william morton did in his owne thoughts incline to a surrender , whether out of a naturall feare or free choice . he was knowne to be active and violent in the kings service , of an high spirit and bold , bearing before him the semblance of valour and supposed by an high degree of enmity most obnoxious to the justice of the parliament , one that had the repute of a knowing man , able in the profession of the law , and versed in the wayes and actions of men . he was likewise more strongly linked unto that cause by the late honour of knighthood , which by the state is held no better then a note of infamy , to stigmatize those persons that have been eminent in the disservice of the common-wealth . notwithstanding this , being lost and desperate in the opinion of the parliament , he gave up that strong hold and himselfe into their hands , having not provided for the indempnity of his own person : when by his own party , likewise he must needs be branded with treachery or cowardize , and so lost on all hands . so that no faction seemes to be assured of its principall confidents , and that no resolved nature or judgement can secure the strongest enterprize to a wise and honorable conclusion . after the surrender sir william advanced thence to seek out the kings army , and left the castle to be kept by the gloucester forces . by this time the enemy had no footing in the county save berkely-castle and lidney house ; and as this government had by maine force gained every step of its command , so no lesse skill and vertue is required to maintaine the victories , we have the possession of gloucester , tewkesbury , sudely , newneham , beverston , and slimbridge , all to be defended and maintained at so great distances only by two regiments of foot . for malmesbury was kept by colonell deveraux his regiment , who was appointed governour under the command of colonell massie , unto whom the disposition and settlement of that garrison was intrusted by the parliament . for want of money the city regiments were weake and uncertaine in duty and service , and the souldiers ranne dayly to other garrisons , where they found alwayes constant pay and lesse hardship : but the governour could find none so rationall as to clap them in irons , or give them back to his justice . for this cause he was perplexed in each designe , uncertaine of the atchievement , and could not waite for a regular disposition , and traine of circumstances : but nimble in the secret and sudden motions of the time and season : and sometrue resolving upon the sole guide of providence , but in this never running a greater hazard then the shame of a non-performanee . these many garrisons having taken up the whole strength ; for want of a marching brigade , we were deprived of the fruit of our labours in the supplies of monies to be commanded out of the enemies quarters , and disabled to relieve the remote parts that were by this time united under the power of this government . so that the first fruits were nipt in the bud , and we remaine miserable after so great enlargements , being inforced to cry to the parliament for help , which we should have held a disparagement , had we received a stock to improve to a larger support , and livelyhood . wherefore the house of commons taking notice of the many good services of colonell massie , made an order for the recrute of his regiment of horse and foot in the first place , and to make up a competent brigade , colonell tho. stephens had commission for a regiment of horse , and colonell edward harley for a regiment of foot . in which businesse the governour advised , not to raise men and horse at londm , whither the refuse of the army , runnegadoes , and such as disliked the conditions of their former entertainment were wont to repaire , but only to procure monies to be sent into the country , where horses might be raysed at a cheaper rate , and able men were easy to be found , and chiefly where we might robbe the enemy of their maine strength , from whom great multitudes were ready to flow in upon the hopes of entertainment . and before this time since the late siege at least a thousand of the enemy , that here tendred themselves to the service , went from us for lack of pay . this was a speedy course and effectuall , which might carry on the worke whilst we were in a thriving way . at that time the affaires of the garrison were a little enterwoven with some passages of the greater army , sir william waller was led into the northerne parts , in the pursuit of his majestie , straining to reach or get beyond him . but the king doubled in the chace , hasted back by worcester towards oxford , and left sir william a few dayes march in the rear , who neverthelesse made after with all speed , but was constrained to rest at gloucester to refresh his weary souldiers . and purposing to fall upon the kings army , importuned the governor to lend his assistance , which was extracted out of the extreme penury of these parts , onely for a quick dispatch . two hundred and seventy muskettiers with a company of dragoons were sent from gloucester , and a hundred muskettiers from malmsbury which did not a little necessitate the place , and stop the actions of this command which had so many garrisons to make good , and defend the countrey from the neighbouring enemy that began to threaten from every quarter . at this time there happened a dispute between the kings army and sir william waller at a bridge neer banbury : where some few were slain , and taken on both sides , but on ours the chief miscarriage was the losse of some ordnance . after this brush the king marched off into the borders of worcestershire , and sir william waller towards buckingham , to joyn with collonel browne . our countrey is in danger of ruine by the falling down of the kings army , whose main body lay for a while about breedon three miles from tewkesbury : where his majestie being informed of the weaknesse of the place , drew neer with a purpose to storme it , advanced the ordnance within a mile , and sent out parties to skirmish . collonel massie upon the first intelligence clapt into the town two hundred muskettiers , for an additionall strength , and to incourage those within : himself in the mean while with a hundred and fifty muskettiers in cos●●awne waited to encounter with an other party of the worcester forces , whom he staved off with the losse of five or six men neer vpton bridge , and passed over seavern to tewksbury . upon notice hereof , the enemy drew thence , and retreated towards parshowe , and evesham . there the king pretended to passe over the river into herefordshire and wales , and gave command that all the bridges should be made up , but his designe lay westward . wherefore he made up the hils , marched the first day in the view of shudely castle over the downes , and came that night to cubberly seven miles from gloucester , and from thence marched the next day by beverstone castle to sodbury . they went on like a flying army , surprised the countrey , but they onely touched and away ; and our weak troops drove in the stragling plunderers . for the governor commanded a party of horse to follow the reare of the enemy , whilest the rest were imployed in a necessary defence in sundry places . these did seem to give them a gentle convoy over the hill countrey towards bristoll ; and though the van of their horse were too nimble for us , and drove great store of the garrison cattell , that lay in their way , yet the countrey-men were saved from any great matter of losse , and the parties of horse brought into our garison between and prisoners , officers and souldiers ; and though they could not retard the march , yet made them passe forward with much watines and fear . in the mean while coll : min , together with sir john winters forces take the advantage of our weaknes to spoil and destroy our friends on the forrest side , sir william russell and the governor of worcester make incursions on that side . and the garison oppressed with many out-guards , and multitudes of prisoners within , had much ado to preserve the neighbours from ruine . collonel min advanced from rosse , where he quartered his regiment , within half a mile of the city , drove away the countrey cattell , and took the persons of many . and the forces of berkely castle act a sufficient part in the generall mischief . the governor looks round about him , and though he cannot hope to lay them flat , and subdue their spirits , yet he can check their insolence , & make them stand on their guard . he commanded a party of horse and dragoons towards berkley , who fell upon the guard of the town , beat them into the castle , slew eight or ten , took prisoners captain sandys with a lieutenant , ensigne , sargeant , and seven common souldiers ; whence likewise they brought away fourty or fifty arms , and took from out of the park under the castle wall about fiftie horses with other cattell . an other party was commanded within foure miles of worcester , and surprised in their quarters sir humphrey tracy , lieu : coll : hely , and captain savage , and brought them prisoners to gloucester . by this time an increase is added to the garrison forces by the arrival of col : stephens with three troops of horse , and two troops of coll : harlyes regiment , which did inable the governour once more to appear in the field : and draw out against collonel min , a serious and active enemy , and a perpetuall terror to the countrey , whose ruine was again contrived , and resolved upon . and for this designe strong preparations were made by the enemy round about . the governor had some discovery out of their own quarters , and upon advertisement that some forces out of hereford and wales went over the river at aust passage , advanced with his horse towards berkly castle , and thence to the passage , where they missed not half an houre of the surprisall of the lord herbert . the notice of the march of our horse into the remote parts of the county hastned mins expedition for gloucestershire . and our intelligence abroad gave a timely advertisement of the work in hand , which a little after was fully confirm'd by letters taken out of collonel mins pocket , to wit , that hereford and worcestershire were to joyn their forces about cosselawne , and with an over-powering army to march up to the gates of gloucester , to the utter devastation of the parts adjacent with fire and plunder , and to burn up the corn on the ground , it being then neer harvest . hereupon the governor marched back with his troops to gloucester , from whence he commanded two hundred and twenty musketiers , and ordered an hundred muskettiers from tewksbury to meet him on the march , to prevent this great noised army . whilest the orders for the march were giving forth to the officers of horse and foot , there fell out a sad accident between major gray , and major hammond , which was like to dash the whole action . the heat of a quarrell then brake forth by occasion of a verball contestation at a councell of warre the same day , when both had orders to march , and were commanded to their particular charges . major gray began to question hammond for his hasty language , and to require satisfaction . this challenge at the present was refused or sleighted , wherefore impatient of the supposed injury , and full of revenge , he smote him on the face with his fist : upon this to swords they went in the street , and after a little clashing , gray received his deaths wound by a thrust in the neck , and expired in the place . this miserable accident was like to beget a greater mischief among the souldiers , who being in arms , and ready to advance , came back with full streame of violent resolution for the present revenge of grays blood : that the whole city and garrison was not farre from an uproar . it rested on the governors sole care to allay that violence of the souldier , who used his best art , and industry to appease them , whilest the officers indulging their own discontent at the losse of their major , fell quite off the hinges : after an houres dispute , and intreaty the tumult was in some measure qualified , that the most were perswaded to march , as it was high time , when the enemy came on within three miles of the city with a resolution if not to lay waste by fire ( as they threatned ) yet to plunder and take away the persons of men , their goods and cattell . the businesse was put forwards , but with little help from the discontented officers . late in the afternoon our party began to advance , and at high leaden passage got over the brook . the enemy were quartered in hartpury field , and commanded to lie close . our men came up to a bridge within a quarter of a mile of them in the dark night , gave them an alarme , and took ten prisoners , and an other party of our horse that quartered neer the lawne took divers that were sent that way to plunder . but their main body evaded us , and with great speed marched that night to redmarley , and we after a tedious wandring to find them out came to eldersfield two miles from their quarters , where we rested two or three houres to refresh ourselves and horses . at break of day we prepared to advance upon the enemy , when the beating of their drums minded us of an early march : and by six of the clock we came up to their randezvous , their horse consisted of an hundred and sixty , and their foot of eight hundred and fifty : and of them six hundred and fourty muskettiers by their own confession : all drawn up into battalions , and the hedges lined with muskettiers . to beat them out of their advantages the governor divided the foot into two bodies , and drew out the horse into single troops , because the frequent inclosures would not make roome for a larger forme ( the enemy in the mean while plying us with small shot ) and having disposed of his own troop , with the hundred muskettiers from tewkesbury newly come in , and many of the countrey inhabitants armed with muskets , and good resolutions to one part of the town , he drew the gloucester muskettiers about an hundred and sixty ( for the rest remained at home ready to raise a mutiny for the misfortune of grayes death ) and the greatest part of the horse to an other place of best advantage . himself advanced with this party , and led the van , which consisted of three troops : these were seconded with three other troops left to the command of captain backhowse . some of the foot were placed in each flank of the horse , and one single troop with the rest of the foot brought up the reare . they were drawn out into this posture , marched up to the face of the enemy , the governor in the van , next unto him collonel harley in the head of his own troop , gallantly , and in good order , gave the charge , beat them from their ambuscadoes , put their horse to flight , and in the instant of time got into the van of their foot , cut down , and took them prisoners , that few escaped our hands . the horse and foot , both officers and souldiers , plaid their parts with resolution and gallantry . the enemy was left to our execution , and their whole body broken and shattered , many wounded and slain , but more taken . major generall min was slain on the place with an hundred and seventy . among the officers , leiftenant collonel passy then mortally wounded , major buller , seven captains , foure leiftenants , five ensignes , twelve sergeants , and neer three hundred common souldiers were taken prisoners . some troops advanced in the pursuit fiue miles from the place of the sight ; but upon the view of a strong party from worcester that came to joyn with collonel min , they were enforced to leave the pursuit , and prepare for a second encounter . and a strange hand of providence kept asunder the hereford and worcester forces , whose joyning would have proved unto us an inevitable destruction . for leiftenant collonel passie , who commanded this fresh partie of an hundred , and fiftie horse and five hundred foot , just upon the beginning of the fight was riding up to mins brigade to bring news of their arrivall , but happily intercepted , and wounded by our scouts , and left for dead . so that neither enemy had the knowledge of each others condition ; but the worcester forces advanced within two flight shot of the place , whilest our men were scattered here and there in the chase of a vanquished enemy , nor did the governor when the first brunt was over , expect an after-birth . the first discovery was made by collonel broughton , and captain backhowse , upon whom a blunt fellow charged up from the head of the main body in the entrance of a crosse-lane . him they surprised in the name of friends , drew him aside from the view of the company , and informed themselves of the strength at hand . forthwith they make a noise in the enemies hearing , pretending to fall on with a body of ours ready for a charge , by the sudden out-cry daunted and drove back that strong party , and made way for the governors retreat , and those with him , which were now dispersed , secure of the victory , and following the chase . our stragling persuers were gathered together , drew back to the place of the fight , and there expected the charge , choosing rather to make good the victory atchieved upon so great hazard and disadvantage , then venture all by seeking out a fresh and doubtfull enemy with our few and weary souldiers . onely three or foure slain , five or six wounded , amongst whom collonel harley received a shot in the arme . the successe of this designe cut off the maine strength of the kings forces in south-wales : and secured the countrey from our plundering neighbours on the welch side . the body of collonel min was brought to gloucester , and vouchsafed an honorable buriall . his death was by his own party much lamented , together with the losse of a brave regiment that were commanded from ireland to fight here a gainst the justice of that cause , upon which the irish war was held up , and owned by the whole kingdom . and it hath been observed , that as the irish pacification was unlucky and reproachfull to the outside of the kings actions amongst his protestant party ; so the commanders that came thence were unfortunate in all their designes , and in the end miserable . when the governor had setled his affaires at home in reasonable security , his desires and aime was to put in for the advantage of a more generall service : and pitched upon these two proposals , the one to make a diversion from the lord generals army then blocked up in the west , the other to keep back prince ruperts stragling forces which then lay between shrewsbury and worcester a little after the great northern defeat . and these the prince earnestly desired , that upon this rubbish he might frame an army for the close of the summer action . wherefore if possible to endeavour a diversion from the west-parts , the governor drew towards bath with one hundred horse and foot ( the forces lent to sir william waller being in part returned ) with a purpose to disturbe the kings quarters , and withdraw a part of the maine army to inable bristoll and bath . on the hils likewise he might expect to encounter prince rupert from bristoll , who fled thither with about three hundred horse presently after the discomsit in the north. but within a few dayes upon advertisement of the miscarriage and disaster of the lord generals army , he drew back , and the rather having intelligence that the prince had commanded collonel charles gerrard out of wales , and the reliques of his own army to break their way through our countrey into the western parts . these were reported to lie neer worcester , waiting there for a clear passe , and by all means to escape collonel massie . they were to take their course over coltswold hils , or by the borders of herefordshire to make into the forrest of deaue , and thence over the river at aust. wherfore the governors maine businesse was to prevent this this conjunction , and block up either passage . in his retreat towards gloucester , he fell down before berkely and lodged his men two dayes in the town , summoned the castle , and made shew of an assault ; but this was taken up in the way besides the intention of the designe , and though the losse of six or eight men by their own folly gave collonel veale occasion of boasting , yet for all the pretended great service in maintaining the place that was never attempted , he was immediately after cashered that government by the princes order . but before collonel massie drew thence , he caused the boats to be fired at aust passage : and intending to passe over seaverne at frampton to meet prince ruperts forces , received an alarme that they were already in gosse lawne , whereupon our marching brigade hasted to gloucester , where they found that many of those troops under the command of sir marmaduke langdale were newly come into herefordshire , and that a party of them joyning with collonel lingens horse had advanced within six miles of the city of spoil and plunder those parishes that were joyned in one association to a mutuall defence , and the aid of this government . the governor persued his designe drew forth towards the lawne , and stopped their course on that side seaverne . where upon they took their course through worcester , where they obtained an additionall strength from collonel sandys his horse , and sir william russels horse and foot , with all the foot that dudly castle and those parts could afford them . and now conceiving themselves able both in power and advantage of the march , having ( as they supposed ) left collonel massie beyond seaverne , and too farre in the reare to reach them , resolved to break forth , hoping both to passe clear , and relieve banbury in the way . but the governor being certified of their march , forthwith conveyed his men over seaverne at tewkesbury , and recovered the hils as farre as stanway , and got before them , in the meane while gave notice to the major of the earle of denbighs horse , that lay neer tewkesbury in worcestershire , who the jame day brought up two hundred horse to joyn with our party on the hils . neverthelesse the governor understanding nothing , but that the enemy was marched to stratford upon avon , and so beyond his reach , sent back the foot almost tyred with tedious and continuall marches , and with his horse resolved to joyn with collonel fines at banbury . but he found at the return of the scouts , that about five hundred horse neer at that instant got over the river on this fide evesham , and made their approach neer his quarters , and that a party of foot were left at the bridge to make good the repasse ; one half of the forces in the mean while lying at evesham , and the other neer parshowe . our men appearing on the hils , the enemy took the alarme retreated suddenly , and for a while lodged themselves beyond worcester . their number was computed by such as beheld them to be about five and twenty hundred horse , ill armed , and the surviving part of the ruines of the northern army . again to prevent their incursions into the remote parts of the county beyond seaverne , a competent strength of horse and foot were commanded over , and withall to attend the enemies motion . in the midst of this and other designes of consequence at that time depending , the governor with all the officers of horse and foot were much distressed for lack of that support , which the necessity of the service did require , and the extreme want of the common troopers drove them daily away . every performance in the whole course of this government was filled with much distempers : and though the exigence of the souldier hath been great in many places , yet the gleanings of other brigades have been better then our vintage . no officer had any portion in the contribution money : no pay for the troops for many moneths together , no allowance for scout , spie , or intelligencer , who observe onely the liberall and open handed , nor the hopes of reward to incourage the souldiers gallantry : that the indeavours of the governor in keeping together , and increasing the forces were nigh lost . neither was any means allotted to the supply of the necessary attendants and officers of a marching brigade . and in the heat of service the nature and terms of the governors command were disputed , and t was very questionable whether to provide for the attendants of a march : that onely a proportion seemed to be cared for , that might live within the walls of gloucester , and nothing to further such action that might restrain , and lessen the strength of the enemy , preserve the countrey , and passe withall to the relief of remote garrisons . neverthelesse the establishment of such a power was required in these parts as might check the enemy in all his marches and recruits : and this strength far greater then the stint of that constant number which the garrisons took up . in this extremity the governor was constrained to act , and marched on in the pursuit of the enemy , who kept randevous neer hereford with fourty two troops of horse , resolving to passe the severne at aust , not daring to adventure over the hill countrey . and to guard the passage , prince rupert sent into the forrest a commanded party of five hundred horse and foot . these began to fortifie beachly for a lasting guard , a place of extreme difficult approach , being a gut of land running out between seaverne and wye , and the onely commodious passage , from wales to bristoll , and the western parts , being the maine entercourse of the kings army , and a strong reserve for the last exigence . it was high time therefore to crush this designe , and nip the bud of so great hopes . the governor advanced upon them some foure dayes after they began their fortifications , and had drawn the trench half way from the banks of one river to the other , when the other part was well guarded with an high quick-set hedge ( which they lined with muskettiers ) and a ditch within with a fair meadow beyond , wherein they had made a re-intrenchment . the strength consisted neer of six hundred horse and foot , which at the first coming on lighted upon a partie of horse from chepstow , took some , and drove the rest into the river : then faced the enemy within musket shot that evening , and so continued the next morning , waiting the opportunitie of an assault , for at high water the place was inaccessible , by reason of their ships which guarded each river with ordnance , lying levell with the banks , and clearing the face of the approach from wye to seaverne . wherfore the governor taking the advantage of lowe water drew forth a party for the on-set . these were brought neer the place of entrance , where the enemy intended a draw-bridge , with order to storme the works which as yet were not finished . out of the forlorn hope the governor had selected ten musketiers to creep along the hedges , and thenceto fall into the very breach . these gave the first alarme , and caused the enemy ( according to the meaning of the plot ) to spend their first shot in vain . and when the first volly was given , ere they could recharge their muskets , the governor gave the signall by the discharge of a pistoll : on went the forlorn-hope , and the reserve following , the trumpets sounding , and the drums beating , run up the works , rushed in among them , and fell upon the hack , when the whole and each part of the action was carried on without interruption , and the souldiers went up in such a regular march , and so great solemnity , that it seemed more like the pomp of a triumph then the confused face of a fight . of the enemy some were killed , and the rest taken prisoners , besides some few that recovered the boats , and many of them that took the water were drowned . and to grace the service , it was performed in the full view of a multitude on chepstow side , whilest the great guns plaid from each river which cast beneath the banks by the lowe ebbe did no execution , but by their noise , and semblance of terror , both raised the souldier , and conduced to the majesty of the victory . this good successe , and the season held forth a fair opportunitie to compasse an other designe at that time in agitation . some overtures were made by lieutenant collonel kyrle of the delivering of monmouth into our hands . many did urge the present acceptance of the plot , and an hasty performance , and were discontented in that which they called slacknesse in the governor : when as neither the method of the plot was propounded in the generall ( the circumstances being left free ) nor the present state of things gave leave to manage the businesse , when the following army of p : rupert was to be intercepted , a work of greater concernment , and more beseeming a publick spirit then this latter : but at that time t was the usuall mistake of particular associations to confine every enterprise to their own counties , and divide the common-wealth into so many petty kingdoms . and in this did collonel massie deny himself , in spending the latter part of the summer in prosecuting a lesse plausible and appearing service , though of larger concernment . but having now pursued the princes horse into wales , and destroyed the enemies project in fortifying beachly , he quartered with his horse and foot neer monmouth on the forrest side ; and receiving an answer to a message lately sent to lieutenant collonel kyrle , propounded unto him , and followed this way . that he would feigne a post from gloucester side to desire a sudden return with his forces thitherward , to secure that part of the countrey from the enemy , which was already fallen out from bristoll , and berkley : and this message was to come to his hands at mr. halls house of high meadow , a grand papist , where it would take wings for its dispatch to monmouth , by which means kyrle commanding the horse might easily draw forth some troop to follow the rear of our party . hereupon the governor feigned a sudden retreat to gloucester , and having marched back three miles , lodged his forces in a thicket of the forrest : & sending his scouts abroad , prevented the enemies discovery . in the mean while the intelligence reaches monmouth , & leift : col : kyrle draws out , whom the governour surprised at midnight in high meadow house , with his troop of thirty horse : and with as little noise as possible advanced thence to monmouth . neverthelesse t was not so deep a silence but the alarme was given by the cornet of the troop , who escaped the surprisall , and the attempt made the more difficile , if not desperate . the town took the alarme , stood upon their guard , expecting an enemy . notwithstanding this , kyrle with an hundred select horse arrived at the towns end , confidently came up to the draw-bridge , pretended a return with many prisoners taken , perswaded the guards , and prevailed with coll : holthy the governor of the town by the officers of the guard , to let down the draw-bridge , which was done but with much jealousie , and a strong guard , & the bridge presently drawn up again : insomuch that the first party were like to be held prisoners in the town . our forlorn hope saw that it was time to lay about them , they declare themselves , over-power the guard , and make good the bridge : and in this there wanted not those that kept a strict watch over kyrles deportment , who acted his part with dexterity and valour . our body of horse and foot were at hand , had a large entrance , subdued the town in a moment , and spared the blood of the surprised souldiers . but the dark and rainy night fitted the governour of monmouth with the major part of the garrison for an escape over the dry graft . we took one major , three captains , and divers inferior officers , threescore common souldiers , five barrels of powder , and some arms : but the town it self was the best prize , being the key of southwales , and the onely safe entercourse for the kings army between the west , wales , and the northern parts . the taking of monmouth gave a fearful alarme to the whole countrey , especially to the earl of worcester at ragland castle , who raised the countrey , and called in prince ruperts horse to their assistance . the ragland papists made the poore welch believe that we came to put man , woman , & child to the sword , and filled their fancies with as many strange conceits of the roundheads , as the poore spaniards had of the english after their revolt from rome , it being easie to perswade an irrational and stupid people . forthwith they appear in arms against us . wherfore two dayes after our entrance , the governor sent out a small party of muskettiers , commanded by capt : rochford , to quash the rising of the countrey . our men find out the randevous , with a kind of guard defended by captain gainsford , with his ragged regiment . these upon the first onset were all put to flight , ran an hundred wayes like a barbarous people , were pursued by our horse , about twenty knocked on the head and sixteen taken prisoners . to revenge this losse , sir will : blaxton with his brigade of horse , joyns with the countrey trainhands , and the forces from ragland , and chepstow , making ( according to the best relations , five hundred horse , and twelve hundred foot . of this preparation we were not advertised , till they fell upon one of our horse quarters in a strong house neer monmouth , where we lodged two troops , and by good hap ten muskettiers to secure the quarters . the house was made good by the resolution of captain bayly , and leift : page , till the major of the horse had drawn up the troops , & faced the enemy , whilest the governor commanded out of monmouth a hundred and fifty muskettiers . but before our foot could reach the house , their horse drew thence , encountred with a party of ours , & being recharged by major backhowse , were beaten back to the foot . by thistime our musketiers were brought up , and in the first charge put the enemy to a confused running retreat , slew seventy , and wounded many , took threescore prisoners . of the officers , a major of horse , and two captains were slain , one taken , and sir william blaxton shot in the thigh . but the pursuit had an early stop by a small river which the enemy passed , & plucked up the bridge : or their foot had been wholly routed and taken . the prisoners that were of the countrey people the governor entreated kindly , and after a few dayes sent them home by parcels , and each man with a little note or letter directed to his master , or the severall parishes , to signifie that the intention of the parliament , and the present government , was not to destroy , or enslave their persons , or take away their livelihoods ; but to preserve their lives and fortunes , to open the course of justice , & free them of their heavy burthens under the forces of rupert a germane prince . at the free discharge of the captives , they began to resent the governors humanity , as before by the slaughter of their men they had felt the force of arms . and the dispersed papers did in part undeceive the people , and dislodge their fears ; our horse marching peaceably , and doing no spoil or violence . after the appeasing of the countrey tumults , the indeavours of the governor were to reduce that people to a willing , and cordiall obedience . he dispatched many letters of invitation to the gentlemen of the countrey , and gave assurance to the best affected of his purpose to defend & make good the town . but all were silent , and not two valuable persons did own the businesse . on the other fide , they did not stir a foot at the summons of the earl of worcester : and in confidence of the justice of this party they frequented our markets ; wheras at our first approach they drove away all their cattell , into the remote parts of the county : yet most of the gentlemen fled from their houses . the greatest part of p : ruperts forces lie stil under our arrest in wales , where they decrease and drop away , discontent and burden the countrey , between whom there arise perpetuall quarrels . and the truth is , even those people whose affections comply with the kings designe , could never correspond with the souldier of that faction , with whom there is no dealing for very friends . insomuch that the generall hatred of the souldier might drive in to the parliament , a moderate enemy , and such as breathe a more cool spirit of malignity , when the state shall reach out the hand to clear the way , and make good the engagement . collonel massie seems now to have spread the branches of his government beyond the sap and strength of the root , and the extreme parts grow burdensome to the main body . he had neither horse nor foot to maintain what was gotten , considering the strivings of the enemy to repossesse themselves of monmouth . for which end the whole power of southwales that is fit for the march under the command of collonel gerrard are come as far as abergenny , vske , and ragland . sir john winter must bring forth his master-peece to the world , and once more assisted with four hundred from bristoll , purchased at a high rate , and added to a hundred of his own men , with all the aid prince rupert can send , undertakes to fortifie beachly . the noised strength of the enemy round about did contribute to the designe with all fiercenesse , fince the want of a guard upon this passage did render all southwales of little value . and it highly concerned us to indeavour the preventing this project , which threatned the ruine of the forrest , the intercepting of the passage between gloucester and monmouth , and to render that garrison in great part uselesse . the governor had a hard game to play , alwayes put upon desperate hazards without a sufficiencie to accomplish or make good . for the case was questionable whether to desert monmouth , or seek to maintain it , having no competent number for a town yet unfortified , generally malignant , in an enemies countrey , at a great distance , and with a difficult passe : but that the wonderfull successe of beachly twice fortunate determined the doubt . the businesse was not capable of deliberation , nothing but a quick dispatch had the shew of safety . gerrard was to be kept from joyning his fortes with these in the forrest , who when once fortified were not to be beaten out , having all the advantages of sea and land . and although his forces hovered about the countrey , pretending to fall upon monmouth , yet about midnight , octob. . one hundred muskettiers were drawn thence with eight troops of our poore horse unto clurewall , expecting there to meet the newnham foot drawn off for this designe , the garrison supplyed in the interim by the countrey voluntiers . in the close of the next evening they approached neer the enemy , where no good presage did favour the busines . the horse failed six houres of the time appointed , whom the constant want of pay , and hands bound up from plunder , made irregular , and disabled the commander in chief to reward or punish . himself must manage the designe not by advice onely , but personall action , and act a part in the duty of each inferior officer . that night we beat up their ambuscades , forced them within their works , and by frequent alarms kept them waking , yet as much as possible from working . the next morning at break of day was the time reserved for a storme : but the foot were all stragling , and could not be gathered up , insomuch that the governors own troop with no more then fourscore muskettiers made the onset , and by gods help performed gallantly . they found the enemy well prepared , the works followed with dexterity and diligence , with much art and cost on pallisadoes , and breast-works , and the most defective places from wye to seaverne defended with a tall quick-set hedge , & a ditch within , the pinnaces riding in each river with ordnance to play upon us , and the line so strongly guarded with hammer guns , & murtherers placed on the flanks at either end , that it seemed impossible to storme the same by day without apparent great losse ; yet was the governour to wait for lowe water , that the guns from the ships might not reach us , which happily fell out at the opening of the day ; yet were we in the reach of the ordnance planted on the weleh shore , and equall to our height . he laid holdon the instant of season , with a small party in a silent march came close to the works ; wherupon after the taking of the alarme , when the enemy had spent many shot , our men forced two or three pallisadoes , that some of the foot and the forlorn hope of horse brake in : but finding themselves at a stand between the pallisadoes and the quick-set hedge lined with muskettiers , began to face about when there was no looking back , nor passing forwards , by reason of the continuall shot . in this party was the governor engaged , who now became the leader of the forlorn-hope , and with not a little difficulty forced his own horse over the hedge , fell in among them , was recharged furiously , his head-peece knocked off with the but-end of a musket , & strangely preserved , till three or foure foot and some horse brake over the hedge after him , then there came up a full body of horse and foot , and by maine force bore down before them a resolved and prepared enemie , slew thirty , and tooke prisoners a leiutenant colonell , one major , two captaines , three leiutenants , three ensignes , with other officers , and common souldiers , to the number of two hundred and twenty . they forced sir john winter downe the clift into the river , where a little boate lay to receive him , and convey him thence into the ships , riding within musket shot of the shore , with many musqueteers and great shot . many tooke the water , some whereof were drowned , and others saved themselves by recovering the boates . prince rupert the patron of this designe , was expected there the next high water , being then upon the river , but extreamely prevented and crossed in the height of his desire and confidence . it was a brave exployte and true victory upon such an eminent disadvantage over a formidable enemy . they were stronger within the fortifications then sixe times the same number in the open field . the storme that hovered was blowne over , & we calme , and secure in the possession of monmouth . but as for this necke of land so fortunate and famous to the government of gloucester for two remarkable victories : though sir john winter and the vvelsh forces had their eye continually upon it , yet the neglect of the place was no oversight in our garrison , but caused by the incapacity of the place it selfe , it being impossible to be held by us till we were masters at sea , because at every floud the ships on the seaverne lay levell with the highest ground . wherefore it was resolved by a councell of warre that the buildings should be demolished , and all trees and hedges cut downe . the taking and securing of manmouth was a faire beginning , and almost the possession of halfe wales . but as yet the county became unserviceable to us , and we made loosers by enlarging our bounds . the substance of gloucestershire was expended in maintaining the garrison foote , and the horse left wholly unfurnished , yet bounde up from plunder and rapine : neither did we finde that assistance in the county as was expected and promised : considering which , with our meane forces and slender pay , no progresse could be made in gaining the countrey , but the time was spent in light skirmishes , and surprizals betweene petty parties on both sides : and we sustained some losse by colonel broughtons captaine leiuetenant who with fifty souldiers undertooke to garrison a house neare godridge castle , neither obvious to releife , nor caring to fortify or store the place with victualls . this was done in the governours absence without order , disavowed by all , and owned onely by the captaine himselfe : whose plea was , that he had no support for his men , and was enforced to get his living there . but within a few dayes his house was fired upon him , and he and all his carried prisoners to hereford before releife could reach them . notwithstanding our necessitous condition , the parliament were informed of great multitudes , and a burden of supernumerary officers and souldiers , and seemed to require out of the superfluity of those parts an assistance more ample then the maine strength of the place . it was hard to take a just and full view at such a distance ; and peradventure perpetuall action , and the great things effected here , might multiply the numbers of the garrison , and represent things in the largest forme . but the voyce of the people gave out that we were kept low by the malice of misinformations : and that the souldiers cry could not be heard , because they were apt to be thought ever craving and querulous . wherefore at that season there came some particular commands from the powers above , which did not correspond with the state of our affaires , or the ground of the enjoyned service . november the tenth colonell massie received instructions from the committee of both kingdomes to march with all the strength he could make , into the borders of oxfordshire to prevent the joyning of the welsh forces under the conduct of colonell gerrard with the rest of the kings army , or to take advantage of the enemy , or joyne with the parliaments army as occasion did offer . this command found him overwhelmed with manifold imployments , and in that instant of time some monmouthshire gentlemen tendred their assistance to the taking in of chepstow castle , which the governour was ready to embrace , ( that wales might fall under the power of the parliament ) but with much warinesse , having many irons in the fire . neverthelesse lying under a greater weight of envie , he resolved to obey the former orders against the progresse and reason of his affaires ; wherefore he called off his owne regiment of horse from about monmouth , where the enemies vigilancie was not little , and the malignity of the towne wondrous great ; with the regiment of horse , he hasted towards eversham , where the enemy had arrived before , whose march he could not interrupt or retard since they were eight for one . but before this march having drawne a small party out of monmouth , he commanded from gloucester his own company , and another company of the same regiment to the security of that garrison , and committed the charge of the towne in his absence to major throgmorton then serjeant major to colonell harley , who by order of parliament was designed to that government , but with no power to command out a partye upon any designe , having no thought that the forces left there were fit to be imployed upon any service , more then the defence of that place : besides , he had waved the offers of chepstow till he might gaine an assurance of making good so much ground in an enemies country ; for it was alwayes his desire in ingaging any people to those masters whom he served , to foresee a possibility of continuing that engagement , least hee might doe them a greater disservice by dashing the resolution of others , who intended the same course , and by grasping beyond his reach take off their inclinations who might be gained in due time . notwithstanding the governors expresse order , at the earnest solicitation and promises of some well-affected in the country , and the vehemencie of others , who thirsted after the glory of some atchievement in the governors absence , the major yeelded for the drawing out of a party for chepstow , and stretched his power beyond the knowndiscipline of warre , fearing either the brand of cowardise , or the censure of a man unwilling to doe his country service , though he declared his judgement against it . wherfore he advanced towards chepstow with three hundred commanded men : having some conceived assurance of gaining the castle by surrender or onslat . the newes is conveyed forthwith to the enemy , who draw together all the strength they can make , of horse and foote from ragland , abergeveny , hereford , and godridg● , and november the nineteenth about breake of day , came neere the towne , and lay undiscovered behind a rising ground , at a quarter of a miles distance , never thinking to make an attempt , muchlesse to surprise it ; but as the governors inavoydeable absence , and the impertinent enterprize of monmouth garrison did cause their approach , there being not above a hundred and fifty left there ; so the negligence of the captaine to whom the keyes were intrusted in the majors absence , gave up the towne into their hands . so remisse were the slender guards , that the treually was beaten & none tooke the alarme . the enemy observed it , and tooke the courage to attempt the surprisall , came upon the higher side of the towne , that looked towards hereford , having onely a sloping banke cast up to a reasonable height , with a dry graft of no depth ; insomuch that the gaurds and sentinells being all asleepe , or supinely negligent , above forty men presently climbed over , and fell downe to the next port , where they found no more then sixe men , who fled from the guard upon their comming on ; with that one takes an iron barre , breakes the chaine , forces the gate , and sets it open to the whole body of horse , who rid up the towne with full career , seased upon the maine guard before one man could be ready to give fire , and cooke the rest in their beds ; it was done in a moment , where wee lost colonell broughtom , foure captaines , lieutenants and ensignes , some of the committee , together with common souldiers , in all , about one hundred and threescore prisoners , two sakers , besides a drake , and nine hammer guns taken at beachly , with ammunition and provision , and at least foure hundred muskets . the newes of the taking of manmouth reached colonell massie neere burford , prosecuting the commands of the committee of both kingdomes , and there abiding to meete the lord grandes●on , with the worcester forces who endeavour for oxford ; hence he makes haste to the reliefe of the party sent out against chepstow , and to bring off the rest that remaine upon their guards in that county : and at gloucester understood that the party sent for chepstow were safely landed , on this side wye , having effected nothing of their designe ; the governor met them in the forrest , and thence marched to rosse , where he hoped to have passed the bridge , to the releefe of pembridge castle , which was made an out-guard to the garrison of manmouth , but found the bridge broken downe , and the river made unpassable , by the sinking of boates on the other side , and a guard of horse to defend it . here we had some disputes with the enemy for two dayes : but those in the castle having no meanes of a longer subsistence , were inforced to surrender upon quarter , and the freedome of their persons , most of the common souldiers revolted , being formerly of the kings army , and our prisoners . the base neglect of the officers had not the least share in the unfortunate losse of manmouth , and daily wants increased the neglect , and weakned the governours hand in inflicting condigne punishment . and as the parliaments service was by many degrees cast backe by this misfortune : so the forrest in speciall was hereby sorely plagued being left open to the spoyle of the enemy , against whom they were preingaged by colonell massie , and of late had declared themselves more freely . and though the generall multitude seemed to be brought in by the hatred of sir john winter , whose name and faction the people did abhorre ; yet at that time the tye of affection and necessity drew them to a strong combination . to provide for their safety was the governours maine care , wherefore instead of one good baracadoe , the towne of monmouth , sundry garrisons are erected in the forrest , for want of an ample strong-hold , and these expended greater portions of men and ammunition , though the limits of the government were much contracted . the garrison of highmeadow did affront monmouth , and furthered the preservation of that side : ru●rdeane was a stoppe to the plunderers from hereford ; and those at kidney were kept in by another party at n●●t . these lesser places distracted the governour on every side , willing but not able to preserve all them that desired to live under his protection . some weekes before , the governour had commanded a party to tate-court within ten miles of bristoll , to secure the neighbourhood being a well affected people : but in this distraction he resolved to call off those men , who peradventure might maintaine themselves in a kinde of imprisonment ; but in no wise preserve a countrey that was then filled with the kings forces , so neere bristoll , and farre from releife , especially in the winter . nor at that season could they draw off without a stronger guard and convoy . to this end the governour marched to kingscoate with three hundred horse and dragoones , intending to send a party to bring off that garrison : but receiving advertisement of a regiment of horse , quartered that night in s●dbury , he fell downe thither , where he found an enemy there arrived to the assistance of colonell gernard against tate-house ; here he resolved to undertake them that night , and had no sooner appeared at the townes end , but the first guard fledde , and our men marched into the town one by one , because of the enemyes baracadoes , went up to the maine guard consisting of forty horse , who being surprized & daunted at the sudden entrance of our men , and not confiding in their owne strength , quitted the place , and left the rest in their quarters , most of which escaped on foote by the backe side of the towne . we tooke fourescore horses , many armes , twenty prisoners , and of them two captaines , and the next morning brought off the forlorne garrison . in the depth of winter , when each parcell of the parliaments army had retired into london , or the securer parts of that association , and the kings forces were dispersed into the severall quarters : cirencester and the hill country of gloucestershire , was assigned to sir jacob ashley , having the command of three brigades of foote , and assisted with the queenes , prince ruperts , prince maurices , and the lord wilmots regiments of horse with others . his designe was to destroy the countrey , and live upon the ruines thereof : whose incursions on that side , and the bristoll forces about berkely , with the worcester , hereford , and monmouth forces on the other side , act something daily to the spoyle of a miserable countrey , which is left as the kingdomes forlorne hope , and croucheth daily betweene two burdens . the distressed neighbourhoode did seeme to challenge those severall armyes then in being , which lay rusting in their quarters , to keepe the associated countyes where no feare was , when they might prevent the ruine of their freinds , and starve the enemy who live upon our fatnesse ; when they might hinder the kings recruits , disturbe their winter calmes , and make them fight for the possession and enjoyment of their owne territoryes . but in the deepe silence of that part of the kingdome , these parts are borne downe by the maine bulke of the kings army , without the least inablement at present , or the hopes of future releife . the enemyes whole burden rests upon this government . colonell massie placed a guard at lypiat , commanded a party of horse and dragoones to strouds a place most exposed to spoyle : and set guardes of horse at severall places of advantage . these guardes affronted sir jacob ashley in the stoppe of contribution and plunder , the indignation whereof drew him out of cirencester with foure regiments of horse to hampton roade , where he divided his men , and sent them out three severall wayes to surprze our horse in their quarters , and plunder the countrey . each party fayled of the designe , through the favour of providence to that well affected people . at each guardes some few that tooke the alarme did encounter and stave off the enemyes first violence , till the rest of a few slender troopes were drawne up , and encouraged by the governours fortunate arrivall from gloucestershire at that instant , charged and overcame a farre greater power , which were also engaged to fight by their heavy plunder , and difficult returne . in the whole about eight or nine slaine , and twenty of the best men of the queenes and princes regiment taken prisoners , and of these one captaine , and cornet . the successe did revive and engage the countrey . yet after a few dayes sir jacob ashley marched out of cirencester with a greater power of horse and foote , and assaulted the guard at lypiat in the absence of the captaine that commanded there , with instructions from the governour to draw off , if at any time an army fell downe . but the house being unfortifyed was soone taken , and uncapable of defence , where we lost a lieutenant , and fifty private souldiers . at which very time we had lodged three hundred foote within muserden house sent thither the day before , with orders to defend it as a garrison , who had no knowledge of the enemyes approach till they came within halfe a mile . they remained in the house according to command , but in no defensible posture , neverthelesse expecting the onset every moment . the surprizall of these men was prevented by a meere accident of the governours arrivall , who faced the great body with no more then sixty horse , till the foote were drawne off the hills . that the strength of the kings army should lie upon us , was not strange , but that no care was had of a competent provision for a deserving country , was beyond the conceit of them that beheld our misery . the enemy were strong in horse , and our few divided into so many parcells and swallowed up in the petty guards , that no sooner could we drawe to the rescue of one side , but the forces on the other hand fell on to the ruine of the poore people . the governor knowes no remedy but by daily shifting motions , and becomes an ubiquitary : he can attempt no designe , but first in his owne person faceth the enemy on the contrary side , and fills them with the alarme of his presence ; sir jacob ashley sends warrants for contributions to the gates of gloucester : the forces from hereford were marched forth to canon-froome towards lidbury ; whereupon the governor advanced with a party of horse and foote as farre as bosbury waiting for action , but staied onely for a night , having placed guards towards worcester and hereford in the most passible wayes for the enemies approach , and fell into one of their quarters , tooke a captaine and his cornet , with some common troopers , and fifteene horses ; the enemy falling downe from cirensester suddenly fetches home this party . whiles these things happened , the governour received a command from the committee of both kingdoms to attempt campden house , newly garrisoned by the kings forces , under sir henry bard ; and the horse of warwicke , and coventry , by command of the same committee were to aide and receive orders from him in the prosecution of this designe ; colonell massie tooke courage to resolve them of the incapacitie of that service for the present , since it could not be done without greater losse to the state then the fortune of the action could countervaile ; for it was a worke of continuance that required our whole strength ; and that side of the country from which we drew must be given up to destruction , and the enemy waited no greater advantage then to fasten the governor upon a tedious enterprize : besides , the intendment was unvailed in all those parts that were required to send aide , and before the orders of the grand committee came to his hand , the london mercuries had proclamed it to the world . the earl of worcester , the lord herbert , and their agent , sir john winter , bestirre themselves to patch up the lingring life of the garrison at lidney , and have procured from prince maurice at worcester a regement of horse and dragoones , by whose assistance he was confident to have beaten up our small guards in the forrest , and enlarge his owne quarters ; to bring the forrest once more under his power to the destruction of the people , and the great advantage of the kings army , and bristoll in speciall , furnishing them with iron , wood & coales . the reminding of so great a mischiefe to the parliaments service made the governour carefull to prevent him , and with an answerable number of horse and foote advanced into the forrest towards lidney , where sir john and his party got in before him . but after a few small skirmishes , to no valuable losse on either side ; the governour set guards upon all the passages , and imprisoned the enemy in their own strong hold , and again drew off the maine body in the view of the garrison . the enemy observing his march , and supposing the expedition for gloucester , sallied out upon sully-house at a miles distance , and a temporary garrison for the blocking up of lidney . in the instant of time the governour returnes to this guard , and understanding by the scouts their neere approach , drew out a forlorne hope , faced and charged them , retreated alittle , and faced them againe with the exchange of few shot , till the enemy were brought up so high that they discovered our body . hereupon they make a sudden retreate , our forlorne hope fall on , and the body followes , turned their horse to flight , who forsooke the foote , and left most of them to our mercy . here wee tooke one captaine , with five and twenty common souldiers , having slaine a captaine , two leiutenants , and twenty sixe souldiers . the whole action upon those forces from worcester was performed onely with the losse of twenty horses , and a few men surprized in their quarters , which neverthelesse cost the enemy the life of a major . the passages from lidney are all guarded by our horse to starve those within , and preserve the forrest from their plunder . the governour having his hands and thoughts filled with these distractions , was yet more perplexed by a fresh and unknowne engagement of colonell stephans in wiltshire . it happened that about this time the enemie had garrisoned an old , but repaired castle at the devizes . and to prevent the spoyle of the country neere malmesbury , colonell deveraux had erected a garrison at rouden house between the devizes & malmesbury ; and before it was setled or well furnished with ammunition and provision , it was set upon , & sorely straightened : colonell stephens being newly made governour of beverston castle , was desired to give aide to the reliefe of the house , and sets upon the service without colonell massies order , or knowledge in those his manifold preingagements ; wherefore hee advanced to succour the besieged with three troopes of his owne regiment , and some malmesbury foote , and though he failed of a parry of horse to be sent from colonell devereux , undertooke the businesse , broke through the enemy with much difficulty and hazard , and relieved the house with provision and powder , but failed in the concluding part ; for when he might with farre lesse difficulty have forced the way back through a troubled enemy , he alighted unwarely and went into the house to refresh himselfe , thereby giving the besiegers time to rally , and to cast up a breast-worke before the passage , that hee , with the rest , being foure hundred horse and foote , were all cooped together , and the poore besieged are most desperately straitened by this kinde of reliefe . they without are five hundred strong ; the newes runnes to gloucester and calls for helpe , which had not needed , had colonell stephens imparted the businesse to the governour , as he ought , and waited to have set the country in a posture on all sides to face the enemy , whose inrodes in the meane while were expected from each quarter . they were already drawne out of cirencester , farfard and leehlade , and keept their randevouz on the hills by cirencester . from hereford they stirre with a great strength on that side , and in the forrest , those that are penned up in lidney strive to breake prison . notwithstanding this at our first alarme , the governour sent his owne captaine leiutenant , and threescore of the choise horse well appointed , and all that could be spared , unlesse he would ruine the forrest : and now the worke of releeving this place is made more difficult , the enemy round about being drawne together with a purpose to swallow them up , or more gladly to fight with colonell massie at such advantage on the hills and farre from home ; yet the best face is put on a bad matter , the threescore horse were to joyne with an hundred horse and dragoones from malmesbury to breake through the enemy , and these added to the foure hundred and thirty within the house , were conceived able to force a passage through the midst of the first five hundred . but now a greater power are come up to the house , at least three thousand men : sir jacob ashley did contribute much to the strength of the besiegers by draining his quarters at cirencester , whom the governour could not prevent , nor follow , except with the losse of his interest in the forrest ; onely he raised the country about stroudwater , to face the garrison of cirencester ; our horse advanced up to the first guard , and slew the sentinell , hoping by this alarme to draw backe the residue from rowden house : and though the weather dispersed and drove backe the country forces , yet such hopes did revive the businesse , that two rainy nights might be an opportune and active season for colonell stephens to breake through , and then which no greater could be expected . our second party of horse went on for malmesbury to releeve the besieged at rowden , and by the way releeved beverston castle with ammunition , but came too late for the maine designe ; for the more potent enemy had so strongly guarded the passages , that the releefe of the house became desperate , and they within presently surrendred upon quarter for their lives . the regiments of horse are much broken , and reduced to an inconsiderable number ; the enemy growes strong , and a streame of ill successe flowes in upon us . colonell hopton , for whom the governour procured a commission , upon his promise of raising foure hundred horse and armes at his owne charge , without the helpe of the state or country , having got together about threescore horse , and forty foote , undertooke with these men to garrison castle-dit●● neere ledbury in herefordshire , having neither order nor directions from the governour , who conceived the house not to be defended , and required him to desist the enterprize ; the order is neglected : but not many dayes after , a party drawne out of hereford , had not lain before it foure and twenty houres , but he , with his forty foot , and twenty horse were taken , and carried prisoners to hereford , ere the governor could come with releefe , who lighted neverthelesse upon a few straglers in the reare , and tooke thirteene prisoners . meane while sir john winters releife lyes under the arrest , yet so as we would gladly ridde our hands : for the guards set round his house to the safety of the forrest , did alwayes distract our designes . these horse are impatient of a longer imprisonment , and after a sore distresse breake their way through our quarters into the utmost parts of the forrest towards chepstow , and joyne with a partie of foote from chepstow landed at lancaught , where they intended to fortify and to make good the passe over wye : by which meanes they might issue out of wales at their pleasure . the place containes foure hundred acres , having a very straight entrance . hereupon our severall guards drew together and summoned the country to aide and came up to the enemy , who were divided in opinion : one part held it meete to make good the passage , the rest perswaded to draw out into the field and fight . these latter prevailed , and for a while both parties faced each other . our men drew out a forlorne hope of foote , the place so requiring , next unto these a forlorne hope of horse , and the rest were appointed for a reserve . their horse violently charged our forlorne hope of foote , who were ready to give backe when our horse came in opportunely and played their parts , whereat the foote tooke courage , and fell on all together , and with one charge turned the enemy to flight , that they killed few on the place , but drove them up to the river side , and fell upon the hacke in the pursuite , and so cooped them up that few escaped their hands . about fourescore were slaine , of whom were colonell gamme , and colonell vangerris ; of the residue some adventured the river to recover the frigate : many were drowned of whom colonell poore governour of berkely castle ; but sir john winter and his brother with some few besides escaped onely of an hundred men from chepstow , and an hundred and fourescore horse and dragoones from lidney house . the remainder fell into our hands , an hundred and twenty taken prisoners , of whom two leiutenant colonells , foure captaines , and divers inferiour officers . this was the last blow of three which sir iohn winter received one in the necke of another . these things happened about the time of the taking of shrewesbury , which called off the kings forces from these parts : sir jacob ashly marched from cirencester , and prince rupert out of herefordshire to releive his brother maurice neere chester . the governour was imployed in observing the enemyes motion , but with a strength every day more slender , having lost most part of his own troope with some peeces of others by an other miscarriage in fetching our armes and ammunition from warwicke , and in the conveying of some clothiers packes of great value , which were taken betweene campden and banbury through the misguidance of the officer that commanded . neverthelesse he advanced into the neerer parts of herefordshire with two hundred horse and five hundred foote , to startle the enemy or make some diversion , supposing they bent their course to the releife of westchester . here he found great multitudes of the countrey people appearing in armes , but standing on their owne guard , and declaring themselves for neither side . it was hoped neverthelesse they might be made of good use , and the best affected of them gave colonell massie that satisfaction as was meete , by whom he understood the condition of their engagements . the governour of hereford sending for hay and contribution to his garrison , was so farre denyed by the countrey that it came to blowes . the people rising to resist , some few men , and as it was reported women and children were slaine , and some carried prisoners to hereford : also some of the hereford forces were taken by the countrey men . the next day the alarum went throughout that side of the county , and some parts of worcestershire . the people gather into a body , and march to hereford . here they stayed some dayes with a resolution to have certaine articles granted by the governour of that garrison . the summe of their demaunds were to this effect , that such of theirs as were held prisoners there , should be delivered forthwith ; that satisfaction be given to the country for the losse they sustained by plunder , as also to the wives and children of those that were slaine : that the countrey might be freed from contribution and all manner of payment to the souldier ; that since the present forces of hereford were not able to defend the county , they forthwith quit the garrison , and leave it to be kept by the countrey , who are able to defend the same , and the whole county with lesse charge . these and the like triviall passages did they discover to the world , as it is wont to happen in such popular commotions . in the meane while severall posts were dispatched to colonell massie at ledbury , and letters returned from him to them , and in particular to some gentlemen , the cheifest and best affected . these letters received by the country people , tooke well with some ; but the generall vote was that they needed not his helpe to gaine hereford , which they conceived ; would be delivered up by the citizens , whom they knew to be of one minde with them . other messengers came from them with intreaties to march up to hereford , promising concurrence in assaulting the towne ; others would have him fall upon another garrison at canon-froome . the governour made answer to the severall messages , that he desired to conferre with some of their best intrusted gentlemen and yeomen , expecting meete security that either by protestation or taking the nationall covenant they give him an assurance of their standing with the parliament , requiring them to cast off the enemy , and receive orders from him , to act nothing of themselves without the consent and approbation of parliament , without which engagement he could not joyne or act with them . to this they replyed that they held it a thing of evill consequence , and dangerous to declare themselves , and they knew their ability of themselves to performe what they had resolved , intreating him to march backe with his men , giving assurance that they were our friends , but could not declare for either side : this act of theirs being a just defence against the unjust proceedings of the committee and souldiers of hereford , and to secure the countrey from contribution and quarter . the governour makes answer to this resolve , that the course they had taken was neither safe nor legall ; for it in this confused manner they should gaine hereford , it would doe them little service : unlesse they were able to keepe it from the kings army , and be able of themselves to beate them wholly from that side seaverne , that no incursion could be made on their countrey from any part : that they would distresse themselves without releife , because their illegall way would not be owned by the parliaments forces : for though they have undertaken the preservation of the kingdome , yet they can give no protection to any that will not joyne with them in that way which the representative body of the kingdome thinks fit . for a third party cannot be in england . and therefore they have no way of safety or justification in this action , but a speedy declaration for the parliament , from whom they would finde security and protection and after assurance of fidelity , a setling of the countrey to their owne likings . he gave them likewise to understand , that the charge of the parliament in maintaining the souldiers , and of the countrey in contribution , did thence arise ; that the people being disingaged in person might looke to their husbandry ; declaring withall that the disunion of the country not understanding their interest in the parliament was the sole cause of the entertayning of souldiers . for had the whole kingdome rose in time and expressed themselves of this opinion , that they would stand up as one man against the popish partie , and enemy of their countrey : the worke had beene long since done . but their drawing backe put the parliament upon this way of raysing armes upon their stocke and expence , or the kingdome must needs fall . he minded them likewise that if they lost this opportunity , of closing with the parliament , nothing but destruction would follow ; that if they closed with hereford , and composed the difference , this compliance might last till prince ruperts returne , and then they must looke to pay for this rebellion : but if they purpose at last to fall in with rupert , it would hasten their bondage , yet givethem no security . this kinde of entercourse passed betweene colonell massie and the countrey people ; meane while he drew backe to rosse , waiting the event of this commotion , but not engaging himselfe amidst a promiscuous and doubtfull multitude . he represented likewise to the committee of both kingdomes , what advantage the gaining , and disadvantage the losse of this opportunity might be to the whole worke : that their expressions of their esteeme of himselfe , and his gentle dealing with them were great : that the weaknesse of his forces , cheifely of horse , was the maine businesse that caused the major part to decline his invitation : importuning them if they desired to gaine this partie , as also a leading party to the whole kingdome , to send a considerable strength of horse ; and if the forces saide to be intended , had come to him , when fifteene thousand appeared in armes before hereford , and of them sixe thousand musqueteers , and some well mounted , he had gained a full testimony of compliance with the parliament , and drawne them with ease to aide him against prince ruperts army , when they were in the moode , so farre incensed and inraged . and to compleate the designe , a recruite for the regiments of horse was necessary , and that the auxiliaries should bring along their meanes of entertainment ; for the sending of strength without money did more wound then heale us ; for the souldiers challenge their pay or plunder ; and as it was hatefull to the governour , so the state of the countrey would not permit him to spend his time in gathering contribution . but for want of a just and due supply , these men were lost to us and to themselves also , concluding a peace with the governour of hereford , and obnoxious and open to the kings army . hereupon colonell massie marched from rosse , and passed the seaverne towards berkely , purposing to joyne with sir william waller , who was noysed to be come into the borders of this countrey , when the day before some of the berkely forces had issued out towards our garrison at slimbridge : but ere they could retreate to the castle , the garrison forces fell upon them , slewe twelve , wherof one captain , an irish rebell , and took twenty five prisoners , whereof two were captaines and one leiutenant . the governour with his party advanced thence towards chipping-sodbury , where colonell strange with a party of horse began to fortify : but upon the notice of our advance retreated to berkely . no sooner had the herefordshire men disbanded , and returned to their owne houses , but prince rupert falls backe out of shropshire , and comes upon them with his whole army . the noise of his arrivall doth hasten the governours returne to gloucester : who drew thence two hundred horse , and five hundred foote into the borders of herefordshire , where many of the countrey people resorted unto him , some with fire weapons , some with others : but the want of strength , especially of horse , render'd him of little capacity to preserve them . the people having good desires , but daunted with the greatnesse of the enemy , and the slendernesse of our forces , were wholly lost . sir william waller was importuned to draw this way , or to send a strong party which might prove of the greatest advantage to the kingdome , when the princes designe was to lye on that countrey to recruite his army with men , horses and money for the spring action , and the approach of the parliaments army ; and would not onely bring in the countrey , and make them firme to their service , but disappoint if not destroy prince ruperts army , at that time the greatest in the kingdome , being a confluence of the forces of prince rupert , prince maurice , colonell gerard , lord hastings , lord ashly , & sir marmaduke langdale . these men beare all before them , take mens persons , spoyle their estates , disarme the countrey , reape the benefit of the late insurrection , and extract money by force and terrour from the poore people : whose destruction as well as their late rising in armes is wholly lost to the parliament , and serve onely to make up the enemies recruite . the princes impresse men in great abundance in hereford , monmouch , worcestershire , raise great summes of money , get good store of armes : necessity in part casting them upon such ways of violence ; and coercive power . and though the prest men were of suspected fidelity , and lesse value , and had often deceived them in the heate of battell : yet they conduced to the sudden forming of an army when the kings affaires grew desperate , and thrust in with the old volunteers made up the bulke of a great body . thus both the strength and the ruines of the countrey are left to the enemy , when by the aide of twelve hundred horse in the beginning of this insurrection , the hopes of the businesse might without vanity promise the parliament many thousand fighting men of all sorts besides those already in pay . sir john winter the plague of the forrest once more importuned the releife of lidney house , and obtaines from the prince about two thousand horse , and fifteene hundred foot , who breake in to destroy the countrey and disarme the inhabitants . the governour with what strength he can make marched to wesbury and quartered within a mile and a halfe of the enemy , and gave order to the guards that beset lidney , that the foote be drawne off to the garrison of nast , and highmeadow , and the horse repaire to the randevouze , which was done without losse , when the forrest was full of the enemy . he preserved likewise the lower parts neere the river , but for want of horse wherein the enemy did abound , could not without extreame hazard and losse advance to the further parts , where they kept their randevouze , and which they laide wast , plundering the houses to the bare walls , driving all the cattell , siezing upon the persons of men , and sending them captives to monmouth , and chepstow , except such as escaped to us by flight , ( as many did with their armes ) and some few that saved themselves in woods and minepitts . the enemy did not adventure into the lower and neerer places , where our foot lay ready and resolved to undertake theirs if they came on . our neighbouring parts of hereford and worcestershire , runne the like fortune with these in the forrest , and looke blacke upon this garrison which was not able to preserve them . the kings forces returned the second time into the forrest ; and tooke the gleanings of the former harvest : yet the neerer parts are still prrserved . the enemy raised themselves to a great power , already reputed sixe thousand horse and foote , and seeme to endeavour northward , wherefore the governour intending to helpe the countrey , by driving up the reare of their march , or to put in for any service , advanced to lidbury with foure hundred horse and five hundred foot , his whole marching strength , notwithstanding the addition of two hundred and fifty horse from northampton and warwicke , and with this party attended the enemyes motion . hither prince rupert advanced with the best part of his army , of whose approach neither spye nor scout from the out-guards made the least discovery , till they came within halfe a mile of the towne , horse and foote , to surprize or at least to surround us . the governour instantly commanded the horse to mount , and drew up the foote , though not in so good order as he might , by reason of the sudden alarme ; and suspecting what he afterwards founde , that the prince would endeavour to compasse him in , he marched off the foot with all due speed that the enemyes right or left wing might not get before us , which they endeavored by sending one party to the towns end to keep us in action there , whilst two other parties fetched a compasse upon either hand . in the meane while he brought up those few horse , that were not upon the out-guards to charge the enemy at their first entrance , and placed an ambuscado of twenty musqueteeres to make good the retreate . but the businesse was acted so , that the governour in person with the field officers and captaines were enforced to entertaine the enemy with severall charges , and beare their brunt alone , till the foote had ridde some ground before them . in this part of the skirmish their losse was the greatest for number , of ours only major backehouse mortally wounded , the governour , whom the prince aimed to charge , had his horse wounded under him by two severoll shots . our men drew off as was meete , & made good the retreat three or foure miles to the enemyes losse , till they came up to a place of shelter , when hasting to get before the right wing of the enemyes horse , they were put into some confusion . and the horse having no great desire to fight , neglected the advantage of the place , to stop the pursuit though the governour endeavoured what he could to engage them . that the enemy fell in among the reare guard of the foote , where he lost neare two hundred men taken prisoners : many country men being taken in to make up the number . this businesse cost them the lives of some gallrnt officers , and the prince missed his aime of surprizing colonell massye , but the governour supposed the stay of the princes march an advantage to the service . neverthelesse the army continued some dayes after , betweene hereford and worcester recruiting dayly , and seeme to put much confidence in the country , whom they cause , not onely to abjure the parliament , but binde over to themselves by solemne oath , swearing in the presence of god ; that they beleeve no power of pope or parliament can depose the king , and obsolve them from their naturall obedience to his royall person and successors , that the two houses of parliament without the kings consent , have no power to make lawes , or to binde or oblige the subjects by their ordinances , that they beleeve the earl of essex , and manchester , and sir thomas fairsaxe , sir william waller , colonell massie , together with all such as have already , or shall hereafter take up armes by authority , or commission from the members of parliament at westminster , pretending to fight for king and parliament , doe thereby become actuall rebells , and as such ought with all their adherents and partakers , to be presented and brought to condigne punishment : that they will never beare armes in their quarrell , but will , if they be thereto called , assist their soveraine and his armies in the defence of his royall person , crowne , and dignity , against all contrary forces to the utmost of their skill and power , and with the hazard of their lives and fortunes ; that they will not discover the secresies of his majesties army unto the rebells , nor hold any correspondence with them ; and all designes of theirs against the kings army , for the surprizing or delivering up of the cities of hereford or worcester , or any other of his majesties forts , they shall truly discover to those whom it shall concern , so soone as it comes to their knowledge . that his majesties taking up armes for the causes by himselfe so often declared in print is justly necessary . that they shall endeavour all they can to hinder popular tumults , risings , randevouzes , meetings , confederacies , and associations of the people , townes , hundreds , and countries , which are not warranted to assemble by his majesties expresse commission , or by power derived from him by vertue of his commissions , and in the sense he meanes it , and that they detest from their heart that seditious and traiterous late invented nationall covenant , and protest never to take it . all these particulars they vow and protest sinceerely to obsolve without equivocation or mentall reservation . this pretestation was strictly injoyned by the princes , to be taken by all without exception , in the counties of mounmouth , glamorgan , breekno●ke , radnor , hereford , and worcester . neverthelesse this constained act could not knit the hearts of a male-contented country to the love of that side , nor could the state permit the enemies exaction and violence by this vow eternally to binde up the people from well-doing . the princes army is the maine rest of the kings affaires which they strengthen daily by impressing the countrey , taking in lesser brigades , and draining the garrisons , and a part of gorings army passed over the seaverne from bristoll into wales , and so to rupert at hereford . after a little stay to perfect the recruite the enemy drew thence , the infantery and artillery lay betweene worcester and beaudly commanded by sir jacob ashley , whilest rupert and maurice with the horse and some select foote fetch off the king from oxford , assisted also with gorings horse and dragoones , who left his majesty at stew and marched backe over the hills into the west through our borders . the governour received another dropping by the addition of two troops from newport-pagnell , the auxiliaryes were in all three hundred and forty : his owne so few , weake , and ill armed , that he could scarce muster a hundred fighting horse : and those much discontented , observing the rest in good equipage , but themselves in the constant action of souldiers naked and miserable . these are imployed in attending the enemyes march , to preserve the countrey what they may ; yet they disturbe it with frequent alarmes , and sometims beate up the lesser partyes , and upon sundry attempts tooke one colonell , divers captaines , with inferiour officers and souldiers . sir john winter despairing of longer subsistance and livelyhoode , deserted and fired his house at lidney , having first spoyled the forrest and so before hand with revenge . by this time the counties round about are cleared of the kings army , and colonell massie received a larger supply of horse from the remainder of colonell bher and d'albeirs regiments commanded by major buller : and thereby inabled to undertake some important service . evesham was beheld as the most opportune and of greatest concernment in distressing wor cester , and establishing the committee by order of parliament for that county . wherefore the governour drew before it with five hundred foote from gloucester , and two hundred from warwicke , who belonged to the worcester committee , with a strong able brigade of horse , and in the name of the king and parliament summoned colonell robert legge governour of the towne , to make a speedy surrender of the garrison with all persons , armes , ammunition and provision , which he there held against the justice of them both , or upon refusall to expect such justice as fire and sword would inflict . and to this he expected a speedy answer . colenell legge sent backe the summons with this answer . you are hereby answered in the name of his majesty , that this garrison which i am intrusted to keep , i will defend so long as i can with the men armes and ammunition therein , being nothing terrified by your summons . i perceave you are a stranger to our strength and resolution , further treaties will be troublesome . upon this returne the governour prepared the designe , and ordered to each officer his charge in the storme . the assault was to be made on each part of the towne . the side that lookes towards worcester was to be stormed in five places with one place at the bridge on the other side of the river . the commanded parties of the foote were lead on by the severall captaines , and seconded by the horse devided into three bodies . after the disposition of the designe , and the night spent in alarmes , the signall was given a little after breake of day , when both horse and foote fell on together with life and heate in a furious assault , broke up the pallisadoes , filled the grafts with faggots , and other preparations , made sundry passages , recovered the workes , and stood firme on the parapet , whilest the musqueteers from within played furiously . the foot having recovered the shelter of the ditch beate off the enemy , got up by scaling ladders , stood on the breast workes , and some entred but were againe driven up by the horse to the top of the workes , where they stood firme and fired , but after a while ready to be beaten off by the violent charge of the enemies horse , till a party of our horse on that fide drawing up close , and having a small breach made for their entrance , fell in and beate off the enemy from that bul warke ; whilest another party made an entrance neare the bridge . and now they tumble over the works on all sides : and charge up both horse and foote with equall gallantry , bore downe the enemy and mastered the garrison . the conflict was hot and difficult for almost an houre , and maintained by the enemy with much resolution . the lives of the officers and souldiers were wonderfully preserved in that violent storme , when each man was exposed to the hazard of the most daring enemy . of the officers two onely wounded , and ten private souldiers slaine , and twelve of the enemy . the prisoners taken in the garrison were five hundred and fifty on the list , of whom two colonells one major , thirteene captaines , with other officers and gentlemen reformadoes to the number of seventy . many gentlemen and officers that charged with the governour , acted their parts with courage , and spurd on the valour of the souldiers . the reserve of foot devided into three bodies , to second the assaylants performed as became resolved men , and the whole action was compleate according to the idea & platforme of the designe . the evening before to keep off an approaching enemy from worcester , about a hundred horse were drawne out , and kept guard five miles from evesham , faced a party of horse from worcester , whose hasty and distracted retreat gave such an alarme to the whole city , that they fired foure peece of ordnance before day , and alarmed the countrey round about , when the conquest was already secured , and the parliament masters of evesham . this performance was the concluding honour of colonell massies government , after his remove from the present command was resolved by both houses of parliament , when the desires of promoving the publike service made him to hazard the fame of his former atchievements by the doubtfull issue of the last action . some dayes before hee had an honourable invitation from the westerne gentlemen , and the same day that he entred evesham , received a commission from the lords and commons to leade an army in the west : the parliaments command found the governour absolutely free in affection and choice , willing to comply with their pleasures , neither longing to stay , nor eager of a change , but in any place ready to spend his blood in the kingdomes cause , if he might not spend it in vaine . neverthelesse the city and county of gloucester did much resent it , and something repine that their governour should be snatched from such a people as had done much , and suffered much in their fidelity and resolution without president ( considering the many assaults ) that had sacrificed their lives and fortunes in preserving this city and the kingdome therein , that had borne so much in the firing of the suburbs , in the burning of many houses neere the towne , some by the enemies malice , and some by themselves for safety , and the pressures of the country under both armies . they cast up the consequence and concernment of the place , being the center , garden and granary of the kingdome , the blocke-house to the river of severne , and a barre to all passages betweene worcester , bristoll , and the sea , the stop of entercourse betweene oxford and wales , the key to open the passage upon the welsh and their frontiers , and the locke and barre to keepe-out their incursions : the onely refuge and safety for the parliament party and friends in that part of the kingdome , and the enemies sole hinderance from the command of the whole west . besides , this they had strong desires of retaining their governour having so long experience of his judgement to foresee dangers , and care to prevent them , of his readinesse to issue out for offence and defence upon each incursion , of his indefatigable industry in taking the advantage of all oportunities to weaken rhe enemy , and happy successe in all enterprizes , of his disposition and comportment , by which he cherished the well-affected , ratisfied and confirmed the indifferent , reduced the very malignant : and by himselfe engaged the country to armes , and governed the souldiers from mutiny , rapine , and plunder , or other violence in the garrison or country . to all which they added an unavoidable prejudice against any stranger , though in himselfe able and faithfull , considering the many by-past plots , and the enemies implacable malice who breath out threatnings daily . such was the sense of the people universally . and the major and aldermen with the whole city nemnie contradicente did so farre honour themselves in vindicating colonell massie , as to petition both houses of parliament for his continuance in the government , representing in expresse termes his noble disposition , constant and unwearied paines , blest by god with extraordinary successe , and his maine influence on the hearts of the people in generall , most of them being by him ingaged in armes for the parlinment , and upon the whole so idiery , who were kept together to serve in this countrie , chiefely by the love and respect they beare to him . and this they acknowledged not with an intention of prescribing rules to the state , but out of their care and zeale to the common cause . they likewise importuned the lord major , aldermen , and common-councell of london , upon the mutuall bonds of former engagement , in defending and raising the late siege of gloucester , to represent unto the parliament the sense of their feares , and the countries distraction at the removall of colonell massie : complaining of the sinister ends of some few persons who brought in a crosse petition , with articles in the name of the county of gloucester , which no part of the county did ever acknowledge , and of which no corner thereof was conscious . the house of commons would not accept the charge against colonell massie , and that they might deale in the businesse without partiality , refused also the countries petition . neverthelesse the speaker was directed in the name of the house , by way of answer to their requests , to let them know , that they were very sensible of the dangers that might attend an alteration in that kinde , but that the governour provided to succeed might speedily give such assurance against such dangers , that there will be no cause for them to continue , much lesse to encrease their feares . that the house was confident that their constant readinesse to comply with the publike , would also in this particular of colonell massies removall make them rest content in the resolution of the parliament in that matter . though gloucester be a place they prize , and care for as much as any in the kingdome , yet for the present it was thought of greater necessitie to imploy him in that command of the westerne forces and they cannor doubt of the concurrence and submission of those well-affected parts in whatsoever is judged to be of publike advantage . hereupon it was ordered the third of june , by the lords and commons , that master luke nurse major of gloucester , alderman singleton , and colonell blunt , or any two of them shall have the command of the garrison of gloucester , and of the forces and garrison in gloucestershire , in as ample manner as colonell massie had till the appointed governour come downe to his charge there , or the houses take other order . colonell massie in the meane while labours to disingage the affections of the countrey , and to take off discontents and mutiny , and beseeches the parliament to send downe the succeeding governour that he might seeke to interest him in the hearts of the people , whom he never desired to indeare unto himselfe , but to those masters whom he served , which was a full testimony of a true servant to the state , upon the sole termes of conscience and honour . finis . by the king. a proclamation for the ease of the citty of oxford, and suburbs, and of the county of oxford, of unnecessary persons lodging or abiding there proclamations. - - england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation for the ease of the citty of oxford, and suburbs, and of the county of oxford, of unnecessary persons lodging or abiding there proclamations. - - england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) printed by l. lichfield, [oxford : ] dated at end: "given at our court at oxford, the seventeenth day of january, in the eighteenth yeare of our reigne." imprint from madan and wing (cd-rom edition). reproduction of original in the bodleian library. eng england and wales. -- army -- barracks and quarters -- early works to . vagrancy -- england -- early works to . oxford (england) -- history -- early works to . broadsides -- england a r (wing c ). civilwar no by the king. a proclamation for the ease of the citty of oxford, and suburbs, and of the county of oxford, of unnecessary persons lodging or england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation for the ease of the citty of oxford , and suburbs , and of the county of oxford , of unnecessary persons lodging or abiding there . his maiesty being inforced to draw into these parts and places diverse regiments of souldiers , who want fit places to billet them in , by reason ( as he is informed ) there are many women and children as well as men , who have no necessary employment either about his majesties person , or court , or army , and yet have thrust themselves into houses and lodgings in these places , from whence they keep out others , which must be placed here , and are but a burthen in the consuming those provisions which are and must be made for those , whose attendance and service is necessary , hath therefore , by the advice of the lords and others his highnesse commissioners , of his princely care , thought fit to publish and declare his royall pleasure and command as followeth . . that all such as have houses , or parts of houses , or other roomes , sit for the entertaining , lodging , or disposing of any souldiers , or others , doe truly deliver the number of roomes they have , the number of bedds , the true number of persons there lodged , entertained or receaved , and their names , as neere as they can , and to whom they doe belong , or under whose command they are . . that all such as are so lodged or entertained doe truly deliver what their qualities are , under whose command , or upon what attendance , either to the court or army , what their names are , and doe truly set downe what bedds they have to receave them , and where . . that if any doe refuse to give such true information , or doe mis-informe in any thing , or doe colour any others to lodge there which ought not so to be , that he or shee shall be subject to that punishment which the offence deserveth . . that if any person shall not immediatly , or within twenty foure houres after the publishing of this proclamation , depart from this citty and suburbs thereof , and county aforesaid , who cannot justify their abiding here as aforesaid , they shall be sent away by the officers of the army , or ministers of iustice , as the case shall require , with such disgrace as they deserve for such their fault herein . . that if in this county there be any women or children lodged or entertained under pretence of attending the army , or any souldiers therein , that the commanders in that place shall examine and certify to the kings commissioners , what they conceave to be fit , according to whose certificate , that shall be done which shall be just in such case . . that if any have houses of abiding in this county , or neere thereunto , that they remove thereunto speedily , where they shall have the kings protection for their safety . . that if any shall in any of these things offend , they are hereby to know , that they shall not only incurre the danger of contempt to his majesty for such their offence , but also such other punishment as the nature of their offences shall deserve . . that if any person come into the citty or suburbes thereof , he shall that night , or before , discover unto st iacob ashley the governour of the citty , his owne name , and the names of his servants , or company , and the place from whence he came , and the occasion of his comming . and that the master of the house shall , before any new commer shall lodge in any house , deliver the name of such person and his company to the governour of the citty , upon the like pain as aforesaid . ¶ given at our court at oxford , the seventeenth day of ianuary , in the eighteenth yeare of our reigne . god save the king . to the supreme authority, the parliament of the common-wealth of england the humble petition of john poyntz, alias morris. poyntz, john, fl. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the supreme authority, the parliament of the common-wealth of england the humble petition of john poyntz, alias morris. poyntz, john, fl. - . sheet ([ ] p.) s.n., [london : ] imprint from wing. in fact, two petitions, the second entitled: to the honorable henry rolls lord chief justice of the upper bench: the humble petition of john poyntz, alias morris. the second petition names john lilburne, john wildman, robert wakeman, and mr. [thomas] fontleroy [i.e fountleroy] to be his representatives in court. annotation on thomason copy: "nouemb. ". reproduction of the original in the british library. eng poyntz, john, fl. - . lilburne, john, ?- . wildman, john, -- sir, ?- . wakeman, robert, fl. . fauntleroy, thomas. england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- confiscations and contributions -- early works to . a r (thomason .f. [ ]). civilwar no to the supreme authority, the parliament of the common-wealth of england: the humble petition of john poyntz, alias morris. poyntz, john a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the supreme authority , the parliament of the common-wealth of england : the humble petition of john poyntz , alics morris . sheweth , that your petitioner having suffered the losse of that estate , unto which he conceiveth he hath a good right , and three years false imprisonment , by the usurped power and tyranny of the late house of lords , and mr browne their late clerk , is now by the subtilty of his adversaries made defendant in the same case in the court of the upper bench , which is to be heard on thursday next , the . of this instant november . that your petitioner having found by sad experience , that the professed lawyers have slighted and neglected his case upon all occasions , and , that the most eminent of them have been always retained by his adversaries to the number of . or . who have over-awed those few that your petitioner hath been able to retain , and now being admitted to sue in forma pauperis ( as they stile it ) he findes the lawyers to slight his case more then before , and that many who have been of his counsel formerly , are now for his adversaries ; and thereupon your petitioner hath petitioned the court of the upper bench , to admit such friends to be heard speak for him , or plead his case , as he should be able to procure , as by the petition hereunto annexed may appear . but the said court have denied your petitioner that common justice , and your petitioners case is like to be lost , through want of that common justice which he hoped he should have enjoy'd without petitioning , seeing that the law of god , of nature , of common reason , and the statute law affords it . he therefore humbly prays , that such friends as he shall procure to speak for him , may have as free and full audience in his case , as any professed lawyers at the barr. and he shall pray , &c. iohn poyntz , alias morris . to the honorable henry rolls lord chief justice of the upper bench : the humble petition of john poyntz , alias morris . sheweth , that your petitioner having bin under great oppression by the tyranny of the late house of lords , and having been a prisoner and in a famishing condition severall years ( as he is at this instant ) in the vpper bench only by their power ; and having a great cause depending before your lordship , hath found by sad experience , that though he hath spent all that he hath upon the professed lawyers and pleaders , yet upon all occasions they have neglected or slighted his cause , and that his adversaries being able to give many and great fees , do retain commonly most of the counsell at your lordships barr , and do over-awe your petitioners counsell . that your petitioner being now very poor , and admitted to sue in forma pauperis , finds that all professed lawyers are now more unwilling to take any pains in his cause then they were formerly . that although it be the known right of every english-man , and suitable to the law of god and nature , that he should either speak or plead before any court of justice in the defence of his own cause : and that any friends of his should speak or plead for him ; yet the professed lawyers assume to themselves the sole priviledg of pleading at your lordships barr. that your petitioner could procure some honest gentlemen that in charity to your petitioner would faithfully plead his case before your honor ; if your petitioner may have that right and justice afforded him , that they may have favourable audience as any of the professed lawyers at your barr. your petitioner therefore humbly prayeth , that such gentlemen as he shall nominate may by your lordships order be admitted to have free and full audience in his case before your honor : he doth humbly propose the gentlemen under-named to be assigned to plead for him , in case he can procure them ; and that any others , whose assistance he can procure , may have the same liberty . and he shall pray , &c. lievt. col. iohn lilburne major iohn wildman mr. robert wakeman mr. fontleroy john poyntz , alias morris . a letter, containing some reflections on his majesties declaration for liberty of conscience dated the fourth of april, burnet, gilbert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter, containing some reflections on his majesties declaration for liberty of conscience dated the fourth of april, burnet, gilbert, - . defoe, daniel, ?- . p. s.n., [london : ] caption title. attributed also to daniel defoe. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : james ii). -- his majesties gracious declaration to all his loving subjects for liberty of conscience. liberty of conscience. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter , containing some reflections on his majesties declaration for liberty of conscience . dated the fourth of april , . sir , i. i thank you for the favour of sending me the late declaration that his majesty has granted for liberty of conscience . i confess , i longed for it with great impatience , and was surprised to find it so different from the scotch pattern ; for i imagined , that it was to be set to the second part of the same tune : nor can i see why the penners of this have sunk so much in their stile ; for i suppose the same men penned both . i expected to have seen the imperial language of absolute power , to which all the subjects are to obey without reserve ; and of the cassing , annulling , the stopping , and disabling of laws set forth in the preamble and body of this declaration ; whereas those dreadful words are not to be found here : for instead of repealing the laws , his majesty pretends by this only to suspend them ; and tho in effect this amounts to a repeal , yet it must be confessed that the words are softer . now since the absolute power , to which his majesty pretends in scotland , is not founded on such poor things as law ; for that would look as if it were the gift of the people ; but on the divine authority , which is supposed to be delegated to his majesty , this may be as well claimed in england as it was in scotland : and the pretention to absolute power is so great a thing , that since his majesty thought fit once to claim it , he is little beholding to those that make him fall so much in his language ; especially since both these declarations have appeared in our gazettes ; so that as we see what is done in scotland , we know from hence what is in some peoples hearts , and what we may expect in england . ii. his majesty tells his people , that the perfect injoyment of their property has never been in any case invaded by him since his coming to the crown . this is indeed matter of great incouragement to all good subjects ; for it lets them see , that such invasions , as have been made on property , have been done without his majesties knowledge : so that no doubt the continuing to levy the customes and the additional excise ( which had been granted only during the late kings life , ) before the parliament could meet to renew the grant , was done without his majesties knowledge ; the many violences committed not only by soldiers , but officers , in all the parts of england , which are severe invasions on property , have been all without his majesties knowledge ; and since the first branch of property is the right that a man has to his life , the strange essay of mahometan government , that was shewed at taunton ; and the no less strange proceedings of the present lord chancellour , in his circuit after the rebellion ( which are very justly called his campagne , for it was an open act of hostility to all law ) and for which and other services of the like nature , it is believed he has had the reward of the great seal , and the executions of those who have left their colours , which being founded on no law , are no othet than so many murders ; all these , i say , are as we are sure , invasions on property ; but since the king tells us , that no such invasions have been made since he came to the crown , we must conclude that all these things have fallen out without his privity . and if a standing army , in time of peace , has been ever lookt on by this na●ion as an attempt upon the whole property of the nation in gross , one must conclude , that even this is done without his majesties knowledge . iii. his majesty expresses his charity for us in a kind wish , that we were all members of the catholick church ; in return to which we offer up daily our most earnest prayers for him , that he may become a member of the truly catholick church : for wishes and prayers do no hurt on no side : but his majesty adds , that it has ever been his opinion , that conscience ought not to be constrained , nor people forced in matters of meer religion . we are very happy if this continues to be always his sense : but we are sure in this he is no obedient member of that which he means by the catholick church : for it has over and over again decreed the extirpation of hereticks . it encourages princes to it , by the offer of the pardon of their sins ; it threatens them to it , by denouncing to them not only the judgments of god , but that which is more sensible , the loss of their dominions : and it seems they intend to make us know that part of their doctrine even before we come to feel it , since tho some of that communion would take away the horror which the fourth council of the lateran gives us , in which these things were decreed , by denying it to be a general council , and rejecting the authority of those canons , yet the most learned of all the apostates that has fallen to them from our church , has so lately given up this plea , and has so formally acknowledged the authority of that council , and of its canons , that it seems they think they are bound to this piece of fair dealing , of warning us before hand of our danger . it is true bellarmin sayes , the church does not always execute her power of deposing heretical princes , tho she always retains it : one reason that he assigns , is , because she is not at all times able to put it in execution : so the same reason may perhaps make it appear unadviseable to extirpate hereticks , because that at present it cannot be done ; but the right remains entire ; and is put in execution in such an unrelenting manner in all places where that religion prevails , that it has a very ill grace , to see any member of that church speak in this strain : and when neither the policy of france , nor the greatness of their monarch , nor yet the interests of the emperour joyned to the gentleness of his own temper , could withstand these bloody councils , that are indeed parts of that religion , we can see no reason to induce us to believe , that a toleration of religion is proposed with any other design but either to divide us , or to lay us asleep , till it is time to give the alarm for destroying us . iv. if all the endeavours , that have been used in the last four reigns , for bringing the subjects of this kingdom to a unity in religion have been ineffectual , as his maj. says ; we know to whom we owe both the first beginnings and the progress of the divisions among our selves ; the gentleness of q. elisabeth's government , and the numbers of those that adhered to the church of rome , made it scarce possible to put an end to that party during her reign , which has been ever since restless , and has had credit enough at court during the three last reigns , not only to support it self , but to distract us , and to divert us from apprehending the danger of being swallowed up by them , by fomenting our own differences , and by setting on either a toleration , or a persecution , as it has hapned to serve their interests . it is not so very long since , that nothing was to be heard at court but the supporting the church of england , and the extirpating all the nonconformists : and it were easy to name the persons , if it were decent , that had this ever in their mouths ; but now all is turned round again , the church of england is in disgrace ; and now the encouragment of trade , the quiet of the nation , and the freedom of conscience are again in vogue , that were such odious things but a few years ago , that the very mentioning them was enough to load any man with suspitions as backward in the king's service , while such methods are used , and the government is as in an ague , divided between hot and cold fits , no wonder if laws so unsteadily executed have failed of their effect . v. there is a good reserve here left for severity when the proper opportunity to set it on presents it self : for his majesty declares himself only against the forcing of men in matters of meer religion : so that whensoever religion and policy come to be so interwoven , that meer religion is not the case , and that publick safety may be pretended , then this declaration is to be no more claimed : so that the fastning any thing upon the protestant religion , that is inconsistent with the publick peace , will be pretended to shew that they are not persecuted for meer religion . in france , when it was resolved to extirpate the protestants , all the discourses that were written on that subject were full of the wars occasioned by those of the religion in the last age , tho as these were the happy occasions of bringing the house of bourbon to the crown , they had been ended above . years ago , and there had not been so much as the least tumult raised by them these . years past : so that the french , who have smarted under this severity , could not be charged with the least infraction of the law : yet stories of a hundred years old were raised up to inspire into the king those apprehensions of them , which have produced the terrible effects that are visible to all the world. there is another expression in this declaration , which lets us likewise see with what caution the offers of favour are now worded , that so there may be an occasion given when the time and conjuncture shall be favourable to break thro them all : it is in these words , so that they take especial care that nothing be preached or taught amongst them , which may any ways tend to alienate the hearts of our people from us or our government . this in it self is very reasonable , and could admit of no exception , if we had not to do with a set of men , who to our great misfortune have so much credit with his majesty , and who will be no sooner lodged in the power to which they pretend , than they will make every thing that is preached against popery pass for that which may in some manner alienate the subjects from the king. vi. his majesty makes no doubt of the concurrence of his two houses of parliament , when he shall think it convenient for them to meet . the hearts of kings are unsearchable ; so that it is a little too presumptuous to look into his majesties secret thoughts : but according to the judgments that we would make of other mens thoughts by their actions , one would be tempted to think , that his majesty made some doubt of it , since his affairs both at home and abroad could not go the worse , if it appeared that there were a perfect understanding between him and his parliament , and that his people were supporting him with fresh supplies ; and this house of commons is so much at his devotion , that all the world saw how ready they were to grant every thing that he could desire of them , till he began to lay off the mask with relation to the test , and since that time the frequent prorogations , the closetting , and the pains that has been taken to gain members , by promises made to some , and the disgraces of others , would make one a little inclined to think , that some doubt was made of their concurrence . but we must confess , that the depth of his majesties judgment is such , that we cannot fathom it , and therefore we cannot guess what his doubts or his assurances are . it is true , the words that come after unriddle the mystery a little , which are , when his majesty shall think it convenient for them to meet : for the meaning of this seems plain , that his maj. is resolved , that they shall never meet , till he receives such assurances , in a new round of closetting , that he ●hall be put out of doubt concerning it . vii . i will not enter into the dispute concerning liberty of conscience , and the reasons that may be offered for it to a session of parliament ; for there is scarce any one point , that either with relation to religion , or politicks , affords a greater variety of matter for reflection : and i make no doubt to say , that there is abundance of reason to oblige a parliament to review all the penal laws , either with relation to papists , or to dissenters : but i will take the boldness to add one thing , that the kings's suspending of laws strikes at the root of this whole government , and subverts it quite : for if there is any thing certain with relation to the english government , it is this , that the executive power of the law is entirely in the king ; and the law to fortisy him in the management of it has clothed him with a vast prerogative , and made it unlawful upon any pretence whatsoever to resist him : whereas on the other hand , the legislative power is not so entirely in the king , but that the lords and commons have such a share in it , that no law can be either made , repealed , or which is all one suspended , but by their consent : so that the placing this legislative power singly in the king , is a subversion of this whole government ; since the essence of all governments consists in the subjects of the legislative authority ; acts of violence or injustice , committed in the executive part , are such things that all princes being subject to them , the peace of mankind were very ill secured if it were not unlawful to resist upon any pretence taken from any ill administrations , in which as the law may be doubtful , so the facts may be uncertain , and at worst the publick peace must alwayes be more valued than any private oppressions or injuries whatsoever . but the total subversion of a government , being so contrary to the trust that is given to the prince who ought to execute it , will put men upon uneasy and dangerous inquiries : which will turn little to the advantage of those who are driving matters to such a doubtful and desperate issue . viii . if there is any thing in which the exercise of the legislative power seems indispensable , it is in those oaths of allegeance and tests , that are thought necessary to qualify men either to be admitted to enjoy the protection of the law , or to bear a share in the government ; for in these the security of the government is chiefly concerned ; and therefore the total extinction of these , as it is not only a suspension of them , but a plain repealing of them , so it is a subverting of the whole foundation of our government : for the regulation that king and parliament had set both for the subjects having the protection of the state by the oath of allegeance , and for a share in places of trust by the tests , is now pluckt up by the roots , when it is declared , that these shall not at any time hereafter be required to be taken , or subscribed by any persons whatsoever : for it is plain , that this is no suspension of the law , but a formal repeal of it , in as plain words as can be conceived . ix . his majesty says , that the benefit of the service of all his subjects is by the law of nature inseparably annexed to and inherent in his sacred person . it is somewhat strange , that when so many laws , that we all know are suspended , the law of nature , which is so hard to be found out , should be cited ; but the penners of this declaration had b●st let that law lie forgotten among the rest ; for there is a scurvy paragraph in it , concerning self preservation , that is capable of very unacceptable glosses . it is hard to tell what section of the law of nature has markt out either such a form of government , or such a family for it . and if his majesty renounces his pretensions to our allegeance as founded on the laws of england ; and betakes himself to this law of nature , he will perhaps find the counsel was a little too rash ; but to make the most of this that can be , the law of nations or nature does indeed allow the governours of all societies a power to serve themselves of every member of it in the cases of extream danger ; but no law of nature that has been yet heard of will conclude , that if by special laws , a sort of men have been disabled from all imployments , that a prince who at his coronation swore to maintain those laws , may at his pleasure extinguish all these disabilities . x. at the end of the declaration , as in a postscript , his majesty assures his subjects , that he will maintain them in their properties , as well in church and abbey-lands , as other lands : but the chief of all their properties being the share that they have by their representatives in the legislative power ; this declaration , which breaks thro that , is no great evidence that the rest will be maintained : and to speak plainly , when a coronation oath is so little remembred , other promises must have a proportioned degree of credit given to them : as for the abbey lands , the keeping them from the church is according to the principles of that religion sacriledge ; and that is a mortal sin , and there can no absolution be given to any who continue in it : and so this promise being an obligation to maintain men in a mortal sin , is null and void of it self : church-lands are also according to the doctrine of their canonists , so immediatly gods right , that the pope himself is only the administrator and dispencer , but is not the master of them ; he can indeed make a truck for god , or let them so low , that god shall be an easy landlord : but he cannot alter gods property , nor translate the right that is in him to sacrilegious laymen and hereticks . xi . one of the effects of this declaration , will be the setting on foot a new run of addresses over the nation : for there is nothing how impudent and base soever , of which the abject flattery of a slavish spirit is not capable . it must be confest , to the reproach of the age , that all those strains of flattery among the romans , that tacitus sets forth with so much just scorn , are modest things , compared to what this nation has produced within these seven years : only if our flattery has come short of the refinedness of the romans , it has exceeded theirs as much in its loathed fulsomness . the late king set out a declaration , in which he gave the most solemn assurances possible of his adhering to the church of england , and to the religion established by law , and of his resolution to have frequent parliaments ; upon which the whole nation fell as it were into raptures of joy and flattery : but tho he lived four years after that , he called no parliament , notwithstanding the law for triennial parliaments : and the manner of his death , and the papers printed after his death in his name , have sufficiently shewed , that he was equally sincere in both those assurances that he gave , as well in that relating to religion , as in that other relating to frequent parliaments ; yet upon his death a new set of addresses appeared , in which , all that flattery could invent was brought forth , in the commendations of a prince , to whose memory the greatest kindness can be done , is to forget him : and because his present majesty upon his coming to the throne gave some very general promise of maintaining the church of england , this was magnified in so extravagant a strain , as if it had been a security greater than any that the law could give : tho by the regard that the king has both to it and to the laws , it appears that he is resolved to maintain both equally : since then the nation has already made it self sufficiently ridiculous both to the present and to all succeeding ages ; it is time that at last men should grow weary , and become ashamed of their folly. xii . the nonconformists are now invited to set an example to the rest : and they who have valued themselves hitherto upon their opposition to popery , and that have quarrelled with the church of england , for some small approaches to it , in a few ceremonies , are now solicited to rejoyce , because the laws that secure us against it , are all plucked up : since they enjoy at present and during pleasure leave to meet together . it is natural for all men to love to be set at ease , especially in the matters of their consciences ; but it is visible , that those who allow them this favour , do it with no other design , but that under a pretence of a general toleration , they may introduce a religion which must persecute all equally : it is likewise apparent how much they are hated , and how much they have been persecuted by the instigation of those who now court them , and who have now no game that is more promising , than the engaging them and the church of england into new quarrels : and as for the promises now made to them , it cannot be supposed that they will be more lasting than those that were made some time ago to the church of england , who had both a better title in law and greater merit upon the crown to assure them that they should be well used than these can pretend to . the nation has scarce forgiven some of the church of england the persecution into which they have suffered themselves to be cosened : tho now that they see popery barefaced , the stand that they have made , and the vigorous opposition that they have given to it , is that which makes all men willing to forget what is past , and raises again the glory of a church that was not a little stained by the indiscretion and weakness of those , that were too apt to believe and hope , and so suffered themselves to be made a property to those who would now make them a sacrifice . the sufferings of the nonconformists , and the fury that the popish party expressed against them , had recommended them so much to the compassions of the nation , and had given them so just a pretension to favour in a better time , that it will look like a curse of god upon them , if a few men , whom the court has gained to betray them , can have such an ill influence upon them as to make them throw away all that merit , and those compassions which their sufferings have procured them ; and to go and court those who are only seemingly kind to them , that they may destroy both them and us . they must remember that as the church of england is the only establishment that our religion has by law ; so it is the main body of the nation , and all the sects are but small and stragling parties : and if the legal settlement of the church is dissolved , and that body is once broken , these lesser bodies will be all at mercy : and it is an easy thing to define what the mercies of the church of rome are . xiii . but tho it must be confessed , that the nonconformists are still under some temptations , to receive every thing that gives them present ease , with a little too much kindness ; since they lie exposed to many severe laws , of which they have of late felt the weight very heavily , and as they are men , and some of them as ill natured men as other people , so it is no wonder if upon the first surprises of the declaration , they are a little delighted , to see the church of england , after all its services and submissions to the court , so much mortified by it ; so that taking all together it will not be strange if they commit some follies upon this occasion . yet on the other hand , it passes all imagination , to see some of the church of england , especially those whose natures we know are so particularly sharpned in the point of persecution , chiefly when it is levelled against the dissenters , rejoyce at this declaration , and make addresses upon it . it is hard to think that they have attained to so high a pitch of christian charity , as to thank those who do now despitefully use them , and that as an earnest that within a little while they will persecute them . this will be an original , and a master piece in flattery , which must needs draw the last degrees of contempt on such as are capable of so abject and sordid a compliance , and that not only from all the true members of the church of england , but likewise from those of the church of rome it self ; for every man is apt to esteem an enemy that is brave even in his misfortunes , as much as he despises those whose minds sink with their condition . for what is it that these men would thank the king ? is it because he breaks those laws that are made in their favour , and for their protection : and is now striking at the root of all the legal settlement that they have for their religion ? or is it because that at the same time that the king professes a religion that condemns his supremacy , yet he is not contented with the exercise of it as it is warranted by law , but carries it so far as to erect a court contrary to the express words of a law that was so lately made : that court takes care to maintain a due proportion between their constitution and all their proceedings , that so all may be of a piece , and all equally contrary to law. they have suspended one bishop , only because he would not do that which was not in his power to do : for since there is no extrajudiciary authority in england , a bishop can no more proceed to a sentence of suspension against a clergy-man without a tryal , and the hearing of parties , than a judge can give a sentence in his chamber without an indictment , a tryal , or a iury : and because one of the greatest bodies of england would not break their oaths , and obey a mandate that plainly contradicted them , we see to what a pitch this is like to be carried . i will not anticipate upon this illegal court , to tell what iudgments are coming ; but without carrying our iealousies too far , one may safely conclude , that they will never depart so far from their first institution , as to have any regard , either to our religion , or our laws , or liberties , in any thing they do . if all this were acted by avowed papists , as we are sure it is projected by such , there were nothing extraordinary in it : but that which carries our indignation a little too far to be easily governed , is to see some pretended protestants , and a few bishops , among those that are the fatal instruments of pulling down the church of england , and that those mercenaries sacrifice their religion and their church to their ambition and interests ; this has such peculiar characters of misfortune upon it , that it seems it is not enough if we perish without pity , since we fall by that hand that we have so much supported and fortifyed , but we must become the scorn of all the world , since we have produced such an unnatural brood , that even while they are pretending to be the sons of the church of england , are cutting their mother's throat : and not content with judas's crime , of saying , hail master , and kissing him , while they are betraying him into the hands of others ; these carry their wickedness further , and say , hail mother , and then they themselves murther her . if after all this we were called on to bear this as christians ; and to suffer it as subjects ; if we were required in patience to possess our own souls , ând to be in charity with our enemies ; and which is more , to forgive our false brethren , who add treachery to their hatred ; the exhortation were seasonable , and indeed a little necessary ; for humane nature cannot easily take down things of such a hard digestion : but to tell us that we must make addresses , and offer thanks for all this , is to insult a little too much upon us in our sufferings : and he that can believe that a dry and cautiously worded promise of maintaining the church of england , will be religiously observed after all that we have seen , and is upon that carried so far out of his wits as to address and give thanks , and will believe still , such a man has nothing to excuse him from believing transubstantiation it self ; for it is plain that he can bring himself to believe even when the thing is contrary to the clearest evidence that his senses can give him . si populus hic vult decipi decipiatur . postscript . these reflections were writ soon after the declaration came to my hands , but the matter of them was so tender , and the conveyance of them to the press was so uneasy , that they appear now too late to have one effect that was designed by them , which was , the diverting men from making addresses upon it ; yet if what is here proposed makes men become so far wise as to be ashamed of what they have done , and is a means to keep them from carrying their courtship further than good words , this paper will not come too late . finis . a sermon preached before the honourable military company at st. clements-danes, july by john scott ... scott, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon preached before the honourable military company at st. clements-danes, july by john scott ... scott, john, - . [ ], p. printed for tho. taylor ..., london : . errata: prelim. p. [ ] reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. -- honorable military company at st. clements-danes. bible. -- n.t. -- ephesians vi, -- sermons. sermons, english -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preached before the honourable military company at st. clements-danes : july . by john scott , minister of st. thomas southwark . london , printed for tho. taylor , at the hand and bible in the new buildings on london-bridge . . to the right worshipful sir robert peyton , president , and one of the stewards elect . captain john perry . lieut. george clerk . lieut. thomas low . lieut. william pepper . ensign john merydale . serjeant ralph holland . stewards of the honourable , the military company , and to the stewards elect . sir richard combes . james long . esq. charles humphrevile . esq. christ opher vane . esq. john ayloffe . esq. and to captain john hooker , treasurer . worthy gentlemen , ever since i consented to your desires , to print this rude discourse , i have been hardly put to it , to make an apology for it ; at first i resolved to go the way of all authors , and indite my patrons , for committing a rape upon my modesty , and dragging this poor offering , like an unwilling sacrifice to the altar ; but upon second thoughts , i could not but disapprove such a kind address , as too disingenious , and unmannerly ; for to avouch your importunities for the publication of so mean a discourse , i might reasonably think , would be to libel your judgments , and to make the world believe , i designed revenge , rather than obedience ; and therfore , in conclusion , i rather resolved to take all the blame upon my self , hoping that in the great crowd of silly things that come abroad into the world , this little trifle may pass unobserved ; but if it should be so unhappy , as to be taken notice of , i hope the world will not be so unconscionable , as to deny me the priviledge of playing the fool , as well as others ; whatsoever imperfections there may be in the sermon , the subject of it is so great and excellent , that 't is no shame for any man to lie prostrate under it , for intreating of such high arguments insufficiency , is both art , and rhetorick ; if therefore i have not given it a character as great as it deserves . i hope this will in some measure excuse me , that i am a man , and not an angel , but however i fare in the esteem of others ; this comfort i have , that the weaker the discourse is , the greater argument it will be , of the gratitude and obedience of your humble and affectionate servant , john scott . errata . page . for aley , read , aloy . line . for our bodies , r. as for our bodies . p. . and us . p. . for menaceth , r. meaneth , and , to be left out . p. . for infer r. infere . put in , can . p. . for understa . understandings . p. . for by , r. a. p. . add , all other . p. for ride r. run . p. . for clutering , r. clattering . p. . acknowledge . epes . . . put on therefore the whole armour of god. that which giveth us the advantage of brutes , and ranketh us in a form of beings above them , is the rational and immortal spirits we carry about with us ; for our bodies they are but clods of earth steeped in phlegme , and kneaded into humane shapes , and do derive their pedegree from the same principles with flies and scare-bees , and the most contemptible animals : but our souls are of a purer alley , and by their nature are allied to angels , and do border upon god himself ; and it is by the title of these rational natures that we are now superior to beasts , and hope hereafter to be equal with angels ; and yet besotted creatures that we are , how do we prefer our bodies before our souls , imploying all our cares in providing for , and pampering of our flesh , as if our reason were given us for no other end but to be cook and taylor to our bodies , to study sauses and fashions for them ; whilst our immortal spirits pine and famish , and like forlorn things are wholly abandoned by us to wretchedness and misery : that it is so , is apparent by too many woful instances : the poor labourer that sweateth , and toileth all day for his body , thinketh much at night to bestow upon his soul a prayer of a quarter of an hour long ; the tradesman that thinks no industry too much to make a fair and ample provision for his body , grudgeth to expend a few good thoughts and endeavours in the purchase of an eternal inheritance for his soul ; the souldier that shuts up his body in ribs of iron and coats of male to secure it from the sword and bullets of his enemies , exposeth his soul unarmed to all the fiery darts of the devil ; and though his understanding hath as much need of knowledge as his head hath of an helmet , his will as much need of justice as his breast of a bucklen , his affections as much need of fortitude and temperance as his legs and hands have of greaves and gantlets , yet he ventures them all naked amongst a thousand enemies , as if his little toe or finger were more dear and precious to him , than his immortal soul. but if we would be good souldiers and good men too , we must arm our selves with in as well as without , and as we harness our bodies in iron , so must we put on upon our souls the whole armor of god , and this is the councel of the apostle in the text , which i have chosen for the subject of my ensuing discourse : put on therefore the whole armour of god. by the whole armor of god , here we are to understand the christian religion , that is , the doctrine and duties of christianity , as you may see at large from the fourteenth to the eighteenth verses of this chapter , where the apostle instances in the particular parts of which this whole armour consisteth ; the first is the girdle of truth , that is , the doctrine of the gospel , in opposition to all heathen errors , and heretical insinuations : the second is , the breast-plate of righteousness , that is , sincere and faithful obedience unto christ : the third is , the preparation of the gospel of peace , that is , the practice of christian charity and peaceableness : the fourth is , the shield of faith , that is , the belief of the promises , and threats of the gospel : the fifth is , the helmet , that is , the hope of salvation : the sixth is , the sword of the spirit , which is the word of god : and the last is , prayer and watchfulfulness . these are the several parts of this divine armour ; in which you see are reckoned both the doctrines and duties of christianity ; by the putting on of these therefore nothing else can be meant , but only our hearty belief of the doctrines and our sincere practice of the duties of christian religion ; for to this sence the phrase is frequently used in the new testament : thus when the apostle exhorteth us to put on the lord jesus christ , in rom. . . it is plain he meaneth nothing else but believing in christ , and obeying him . and so also when in ephes. . , . he exhorteth them to put off the old man , and put on the new , he meaneth nothing else , but that they should forsake their heathen superstitions and idolatrous uncleannesses , and conform all their actions to the new rule of christian purity . in the words thus explained , you have first something implied , which is , that the christian religion is armour of defence unto the souls of men . secondly , something expressed , that if we mean it should arm and defend us , we must believe and practise it . first , that the christian religion is armour of defence unto the souls of men , that is , it is of the same use to mens souls as armour is to their bodies ; for as the end of armour is to defend mens bodies , and secure them against the weapons of their enemies , so the great end and design of the christian religion is to defend mens souls from whatsoever is hurtful and injurious to them . now there are but two sorts of evils in the world , both which are injurious to the souls of men . the first is the evil of sin , and the second is the evil of misery , and against both these christianity doth strongly arm us . first , for the evil of sin , which upon several accounts is injurious to mens souls , it overthroweth the order and oeconomy of their natures , inslaving their reason to their passions and appetites ; as it discomposeth the tranquility of their minds , by inspiring them with wild and inconsistent passions , and it disturbeth the peace of their consciences , by suggesting black thoughts , and horrible reflections to them ; these and several other ways is vice injurious to our souls . and therefore 't is the design of christianity to arm us against this great evil , to secure and defend us against all the weapons of unrighteousness . hence the apostle telleth us , that the grace of god , that is , the gospel , was revealed from heaven , for this very end , to teach us to deny all ungodliness , and worldly lust , and to live soberly , and righteously , and godly in this present world , tit. . . and st. john telleth us , that for this purpose the son of god was manifested , that he might destroy tha works of the devil , john . . this was the errant of the son of god into the world , and the design of that incomparable religion he taught , to destroy the works of the devil : and indeed if we consider what an effectual course christianity taketh to defend us against sin , we must confess it to be the most excellent armour in the world ; for , . first , it restraineth us from it by the purest laws : the laws of christian religion have made so great a gulph between our sins , and separated us from them by such an infinite distance , that it is impossible for them to come at us , or for us to go to them , whilst we persevere in our obedience to them , for they do not only forbid us that which is really evil , but do also command us to abstain from all appearances of evil , and do remove us so far out of the territories of sin , that they will not permit us to approach the borders of it ; and lest we might unhappily go farther than we should , they forbid us to go as far as we may , and will not allow us so much as to come within the skirts , and suburbs of iniquity . for in moral actions the distance is frequently so small , between the utmost of what is lawful , and the nearmost of what is sinful , that there are very few men in the world can set a rule to themselves , hitherto may i go and no farther ; and therefore without an infallible guide to point out to them the just and particular limits of lawful and unlawful , men can hardly be secure , whilst they dwell upon upon the frontiers and neighbourhood of sin ; and therefore the gospel commands us , at least , to endeavour to keep at distance from sinning , and not come near the pitch , lest we be defiled by it ; neither doth it only restrain us from outward acts , but also from inward inclinations to evil ; we must be so far from murdering our brother , that we must not hate , or wish ill to him ; so far from practising rapine and oppression , that we must not so much as covet our neighbours possessions ; so far from acting adultery , that we must not look upon a woman to lust after her : thus the laws of our religion you see do strike at the very root of sin , and choak the very springs from whence those bitter streams derive ; and do not like other laws meerly restrain our outward practice , but also lay reins upon our desires , and extend their empire to our free-born thoughts , in this respect therefore christianity doth most effectually arm us against sin , as it restraineth us from it by the purest . laws that ever were . secondly , by disswading us from it with the most prevailing arguments . there is no article of the christian faith but is a copious topick of motives to virtue ; and if men would but take the pains to extract from each their proper and just inferences , and to ponder those great obligations to gratitude , and duty which the several articles of their religion do devolve upon them , christianity must necessarily do wonders in the world , and work strange alterations in the lives and manners of christians ; for there is no stone that it leaveth unturned , nothing within us that is capable of perswasion , but it addresseth to , to win upon our hope ; it proposeth to us a happiness so extensive , that we can neither desire , nor imagine beyond it ; a happiness that is equal to the utmost capacities of our natures , and parrallel to the longest duration of our beings , that hath not the least tang of misery in it , no bitter farewel nor appendant sting to it , but is all quintessence composed of the purest extracts of joy and pleasure , what greater motive can be urged to disswade us from sinning , than the hope of such a happiness as doth so infinitely out-bid all that vice can proffer us , and is weighty enough to preponderate all its temptations , though all the world were in the counterballance : but if we are so wedded to our lusts that no hope of advantage will disingage us from them ; christianity thunders against them all the dreadful threats that are capable of scaring us into sober purposes ; it denounceth unquenchable fire , and eternal vengeance against all unrighteousness and ungodliness of men , and allarms our fears with all the inconceivable horrors that an everlasting hel menaceth ; and that this may not scare us only from open prophaness into close and secret hypocrisie , it assureth us that there will be a day of fearful account , and wherein all that we acted behind the curtain , shall be brought into publike view , upon an open theater , and proclaimed to all the world by the trumpet of god , and the voice of an archangel ; and that we may be assured that these terrors of the lord are not meer bugs , and scare crows , it giveth us a fearful example of gods severity against sin , in the death and sufferings of his own son , wherein he hath proclaimed himself an implacable enemy to vice , in that he would not pardon it without the blood of the most beloved darling of his soul ; and certainly he that after this assurance of gods severity against sin , can dare to be wicked , is a most valiant and couragious sinner ; and if after he hath confronted the tribunal of god , and out-saced the the flames of hel , he can laugh at this fearful example of the divine severity , he is fit for a reserve , or a forlorn-hope , and may boldly venture to be wicked through all the terrors in the world : but if men should be so senselesly wicked as not to be perswaded either by hope or fear , yet perhaps ingenuity may prevail ; which that it may , christianity presseth us with the most endearing motives in the world , it sets before us the infinite obligations which god hath laid upon us , in bestowing upon us our beings , in surrounding us with his careful providence , but above all in giving his son to die for us ; and to infer this last , it representeth our most kind and merciful redeemer groaning under the cruelty of our sins ; it bringeth forth his bloody garments , as anthony did those of the murdred caesar , and spreadeth them before our eyes , and in the most passionate manner , accuseth our sins for being his assassines and murderers , and we find in our hearts to hug his executioners , to harbour the ●●aitors that slew our friend , our friend that loved us a thousand times better than we love our selves : surely if we should , we 〈…〉 for the most disingenious 〈…〉 in the world ; for 't is 〈…〉 should oblige us , if we find 〈…〉 spight of all the love of 〈…〉 and blood of our redeemer . 〈…〉 powerful arguments christian●●● 〈…〉 sin . thirdly , 〈…〉 it with the most powerful grace and 〈◊〉 〈◊〉 christianity is animated with a divine spirit , tha● 〈◊〉 along enlivened & actuated it , & rendered it in 〈◊〉 〈◊〉 so successful and victorious , 't was by virtue of this 〈◊〉 spirit that it triumphed in its very infancie over all the power and malice of the world , that like the palm 〈◊〉 it grew by depression , and conquered in the midst of flames ; insomuch that within less than an hundred years after the death of christ , it had made successful inroads into the remotest kingdoms , and captivated a great part of mankind into the belief and obedience of it ; and though it found the minds of men prepossessed with a contrary religion , & conseqaently had mighty prejudices to combat before it could come to lay siege to their reason ; yet it charged like a thunderbolt through all these obstacles , and with its spiritual artillery battered down all opposition before it , and wrought such strange alterations in the world , that the world scarce knew her self , and stood admiring at her own change : she saw the thronged temples of the heathens unfrequented , the adored gods derided , the celebrated oracles ceased , the wise philosophers puzled , the enraged magistrates disheartened , by the unsuccessfulness of their own cruelties , and all this done by a few despicable and illiterate fisher men , and yet all this had not been so strange , had it won men only to an opinion or a faction ; for such chaff will soonest catch small birds , a giddy and a hair-brain'd multitude ; but the wonder of it was , that christianity converted men from folly and vice , to a sublime pitch of virtue , and substantial goodness ; and of vitious , deboyched , and dissolute , made them sober and temperate , and righteous , which is so clear an evidence of that extraordinary power and efficacie that accompanied it , that the heathens attributed its successes to the power of magick , as st. austin hath observed , concluding that 't was impossible for it to conquer through so many difficulties , without the assistance of some mighty and powerful spirit : and though it doth not now convert men so miraculously as it did at first . but proceedeth in more rational and humane methods , by joyning in with our understandand leading us forward by reason and sobriety , by instructing our faculties in the right perception of things , and by discovering a fuller evidence , and stronger connexion of truths ; so that whatsoever assistance it now affordeth us , it worketh in the same way , and after the same manner , as if they were all performed by the strength of our own reason , yet still there are mighty assistances accompanying all its ministrations , and it is enlivened with a divine power and efficacie ; for still those promises are in force , to him that hath shall be given ; and he will give his spirit unto every one that asketh ; so that gods grace is wanting to none , but to those that are wanting to themselves ; for if we will be so ingenious as to do what we can , god will be so gracious as to help us to do what we cannot ; if therefore we do not do all , it is our own fault , since we may do all through christ , who will strengthen us , if we do what we can . what therefore may we not do who are thus armed with divine assistance ? what sins are there so strong , that we may not mortifie ? what passions so violent , that we may not tame ? what habits so inveterate , that we may not vanquish , who are thus backed , and aided with auxiliaries from above ? and thus you see what impenitrable armour the christian religion is against all the darts and weapons of sin , and how able it is to render us shot-proof , and invulnerable against all its temptations . i come now to the second thing proposed , which is to shew you that christianity is armor of proof against the evil of misery , that is against all those cares and fears , those griefs and sorrows , vexations and anxieties wherewith we are here incompassed on every side ; and indeed there is nothing in the world can give so much ease unto the minds of men , and fortifie them so impregnably against the miseries of the world as true religion . hence is that of our saviour , come unto me all ye that are weary and heavy laden , and i will refresh you , matth. . . that is , all you that are tired out with the crosses and troubles of this miserable world , do but become by disciples , believe my doctrine , and obey my commands , and i will give ease and refreshment to your minds . and in the following verse he telleth us , that by taking his yoke , that is his religion upon us , we shall find rest for our souls : and of necessity his yoke must mightily contribute to the arming of souls against the troubles of the world upon these following accounts . . first , in that it naturally inspireth us with true courage and magnanimity ; there is nothing in the world so valiant and heroick as a true christian spirit ; for its courage is composed of the best metal in the world , of patience and temperance , of constancie and resignation to the will of god , all which mingled together do beget in the soul an invincible firmness and staiedness of mind against all dangerous and dolorous accidents whatsoever : for what accident can daunt a soul that is weaned by temperance from the pleasures of the body , and hardened by patience against the pain and displeasures of it that hath so subdued her passions as to be alwayes present to her self , and constant to her own reason , and having resigned up all to the conduct of divine providence , receiveth every accident as a token of love , and giveth a hearty welcome to whatsoever befalleth her ? such a soul as this standeth firm as a rock , out-braving all the storms of fortune , making its envious waves retire in empty foam , and insignificant passion : but wheresoever these brave qualities are wanting , it is impossible a man should be truly couragious ; for intemperance , impatience , and diffidence will let in every trouble that assaults us , to spoil and ravage us at pleasu●e , and expose all the peace and tranquillitity of our minds to the mercy of every trifle , so that we shall not be able to abide the shock of any cross accident that encountereth us , but like cowardly poultrons shall lie down vanquished at the feet of every trouble that befalleth us ; and there is no greater signe of cowardize and weakness of spirit , than an aptness to be discomposed with trifles ; for as sick persons are offended at the light of the sun , and the freshness of the air , which administer pleasure and recreation to those that are in health ; even so persons of weak and pusillanimous spirits are easily offended ; their minds are so tender and effeminate , that they cannot bear the least air of trouble without disturbance ; and what would be a diversion to a courageous soul , grieveth and incommodateth them . but when we are once arrived to a due pitch of patience , temperance and confidence in god , all the troubles of the world will be but like flea-bites to a sleeping lyon , & we shall no more be concern●d with these little crosses and mischances , than the moon is with the yelping of those whiffling curs that bark at her from below . for true christian courage is the most heroick of all other : for courage is meerly brutal consisting in heats and serments of the blood and spirits , in which game-cocks and mastives out-vy the greatest heroes in the world : but the courage of a christian is truly rational and manly , founded in religion and true principles of reason , and so as a thousand times more manageable and useful than that which ariseth only out of temper and complexion ; for this sort of courage is headstrong and unruly , and like an hot metall'd horse , doth oftentimes ride away with the rider , and instead of securing us from , carries us headlong into mischief ; but true christian courage is gentle and obsequious to the commands of reason , and upon that account is far more useful in our extremities , and is more applicable to our necessities . since therefore christianity inspireth us with such an excellent courage as this is , it cannot but render us invincible , and effectually shield us against all the blows of fortune . secondly , it armeth ns against the miseries of the world , by reconciling us unto god ; 't is impossible a man should be free from trouble and anxiety of mind whilst he is in a state of emnity with god : for there is grafted within our very natures such a natural awe and dread of a divine power , as doth necessarily alarum all that sear and horror that is within us , whensoever we knowingly provoke that power we so much dread and tremble at ; and our consciences being thus in a tumult and uproar , will give a sting to all our miseries , and render all our dangers more terrible and amazing ; 't will represent every cross accident to us as a messenger of god's vengeance , and every little danger as an approaching storm from heaven ; and then how must every danger affright , and every misery oppress us that comes with a commission from that almighty vengeance , which we so naturally dread and tremble at ? how can we but sink even under our crosses when we think what a load of wrath there is in them ? how can we but quake at our dangers , when we look upon them as so many thunderbolts , which omnipotent fury is hurling at our head ; the thought of this will imbitter all our miseries , and make the most trifling dangers to look stern and terrible ; hence it is that of the wiseman , the wicked flee when no man pursueth , but the righteous are bold as a lyon : for though no man pursueth them , yet their own consciences like restless furies haunt them whether ever they go , and this makes them flee before a shadow , and when none pursueth them , they run away from themselves . thus whilst we are in hostility against god , we lie open to all weathers , and our own consciences do betray us to the sury of all those troubles and dangers that surround us . but the great end of christian religion is to reconcile us unto god ; in order to which it both proposeth a peace to us , and the terms and articles upon which it is to be obtained ; which terms when we have performed , the quarrel presently endeth in a mutual confederacie ; and of enemies we become the friends and favourites of god ; upon which there followeth a jubilee of joy and peace within ; the conscience smileth and groweth calm , as the ocean when the wind is laid : and now , if troubles besal us , if dangers encounter us , 't is all but like the ratling of hail upon the tiles of a musick-house , which with all their cluttering and noise will not be able to disturb the harmony within . for a quiet conscience will be a paradise in a wilderness , a haven in the midst of storms ; it will make a man fearless in danger , joyful in tribulation , and inable him to sing with a thorn at his breast ; and when troubles and crosses surround him on every side , that will be a sanctuary to him , whereunto he may retire , and be merry in spite of fortune : thus by reconciling us unto god , the christian religion armeth us against all the miseries in the world . thirdly it doth it also by assuring us of that special care and regard which the divine providence hath of us , and our affairs : christianity assureth us , that all things shall work together for the good of them that love god , and keep his commandments : that even their afflictions shall prosper them , and all the cross-winds conspire to blow them to the right port ; and what greater security can a man desire , then to have all his affairs managed by a providence that is infinite●y wise , and knoweth what is best for us ; infinitely k●nd , and willeth what he knoweth best ; and infinitely powerful , and doth what it willeth ; this is the utmost that any modest or reasonable man can desire for his security , and he that firmly believeth this , most necessarily be happy whatsoever betalleth him : for whatsoever happeneth , he taketh as a favour , because it cometh from the hand of that wise and merciful providence , which he is well assured doth both know and do that which is best for him : and is it not a thousand times better that our affairs should be managed as god thinketh fit , who is ●o much wise● than we , and loveth us far better than we do our selves , than that they should always jump with our childish hopes , and keep pace with our extravagant fancies ; and if the government of all events that besal us were put into our own hands , would it not be our wisdom and our interest to resign it it back into gods hands again , who , as we must needs acknowledged can carve a thousand times better for us , than we for our selves ? why then should we be troubled that our affairs sometimes run counter to our humours and fancies ; did we understand the reason of gods dealings , and see what he seeth , and know what he knoweth , we should praise him on our bended knees , for those crosses which are now the innocent causes of our repinings against him . this therefore in reason ought to satisfie us that we are under the protection of a most wise and gracious providence ; and that if afflictions do befal us , they are but rods in the hands of our benefactor , and tokens of love from a reconciled father . for what reason can we have either to fear or complain , when we know our selves sheltered within the bosome of that providence , in which all the divine attributes , like so many guardian angels do pitch their tents , about us . within this blessed ark , if we please , we may live securely , whilst all the floods of misery do swell , and rove about us ; here we may sing requiems in the loudest thunders , and sleep securely in the midst of storms ; for what should we be afraid of , when we have omniscience for our pilot , omnipotence for our convoy , and all-sufficient goodness for our purveyer and caterer : by the help of this one confideration a man may bid defiance to misery , and stand impregnable against all the batteries of the world . fourthly , and lastly , christianity armeth us against the evil of misery , by assuring us of a blessed immortality ; and verily were it not for the hope of this , man were of all creatures the most miserable . for his very reason , by which he is capable of a larger happiness , doth most commonly , in this life , prove an instrument of grief and vexation to him : and as for the beasts they are as sensible of sensual pleasures as we ; they relish their morsels with as great a gust , and enjoy their delights with as quick a sense , as the greatest epicures in the world . besides which , their harmony is not mingled with the sad discords of a wounded conscience , which often interrupts our mirth , and puts a sting to all our pleasures : and as for troubles the beasts only feel them whilst they are present , and are not alarmed with fear at the approach of them , nor vexed with despair in the presence of them , nor wracked with fruitless cares of removing them ; to all which inconveniencies our reason exposeth us . so that were it not for the hope of a future happiness , man , that is the top of this lower creation , would be the most miserable part of it , and we should have reason to envy the happiness of the pretty birds , that sit merrily singing on the trees ; and to wish that we could change conditions with the fishes , that sport and play in the silver-streams , devoid of all those griefs and sorrows , cares and anxities with which we are wrackt , and tortured every moment : the only thing therefore that maketh our life desirable , and giveth it the advantage of non-entity , is this , that how mean soever our condition is here , yet we are born to higher hopes , and are now but candidates for an immortal preferment ; and of this the christian religion giveth us the most certain assurance , even by the resurrection of christ from the dead . by this it is that we are begotten into a lively hope of an eternal inheritance , as the apostle tells us , peter . . and indeed this is a proof of the immortal state beyond all other arguments , whether moral , or physical ; for had not this doctrine of immortality been true , it cannot be imagined , that the god of truth would have sealed and confirmed it , as he did , by raising the author of it from the dead ; since in so doing he must have been guilty of cheating the world , and seconding the most rank imposture , than which we cannot form a conceit more black or incongruous to the nature of god. wherefore now life and immortality are as clear and evident as the resurrection of christ from the dead , of which we have as full assurance as we can possibly have of any matter of fact in the world : for the eye-witnesses of it confirmed their testimony with their blood , which is the highest pledge that a man can give of his honesty , and there is no credit to be given to men , if they may not be believed upon this security . thus christianity , you see , hath sounded our hopes of immortal happiness upon the surest foundations in the world ; which hope is sufficient to raise any considering man above the reach of misery . for would we but keep our thoughts within those higher and untroubled regions , we should be able to look down upon these little affairs , about which poor mortals scramble , with as much contempt and scorn , as we do upon the toils and labours of a little world of ants about a molehil , who are not altogether so ridiculous , because they do not divide their molehil into little empires , nor desraud , and murder , nor be false and treacherous to one another for the greater share , nor were they ever so extravagant as to march out in armies to kill their neighbouring ants , so to extend their dominion over the next handful of a turf : but he whose hope hope hath mounted him to heaven , can from thence look down and sigh , and smile at all these fooleries , and slight , and undervalue whatsoever sensual men , poor souls do fear , or hope , or long for , or pursue : for he hath such a glory within the prospect of his faith and hope , as do at one glimpse foil all the glory of the world , and unsting all its miseries . the sight of that flowery canaan of rest and pleasure that lieth before him , incourageth him to march on with joy and alacrity through this howling desert of sorrow and misery , and make the wilderness to seem a paradise to him ; and at worst , all the ill usage that he meets with here , will but make earth more loathsome now , and heaven more welcome to him hereafter . when therefore he is tossed in this tempestuous sea , he considereth with himself , that a few leagues farther lieth that blessed port where he shall be crowned as soon as he is landed ; and concludes that when he is gotten safe on shore , he shall then look back with pleasure and delight upon those threatning waves he now encountreth , and for ever bless the storms and winds that drave him thither , and so resolveth with st paul , that the sufferings of this present life are not worthy to be compared with the joys that shall be revealed , rom. . . and thus you see what incomparable armour the christian religion is , both against sin and misery . but yet we must not think it will defend us , if we only keep it by us to look on ; there never was any souldier so foolish as to think himself secure in a battle because he hath excellent armour at home locked up in his chest , or closet , and yet so besotted are many men , as to expect defence and security from their religion because they are baptized christians , and have a scheme of christianity in their bibles : as if religion were nothing but a charm or amulet , which being hung about their necks , must immediately disinchant them of all their maladies : but be not mistaken , if ever you mean this armour of god should do you good , you must put it on , you must transcribe its doctrines into your belief , and its duties into your practice : which is the second thing i proposed to discourse of , that if we would have christianity armour of defence unto us , we must put it on , that is , we must believe and obey it ; for unless we believe the doctrines of christianity , how can they defend us , either from sin , or misery ; for our holy religion doth not work magically upon men , nor make them invulnerable , as the witch did achilles , meerly by charms and inchantments ; but it proceeds by rational and accountable methods and fortifieth our minds by reason and arguments ; but no proposals of reason can work upon the minds of men that do not believe them ; and though the things proposed be never so true in themselves , yet unless we assent to the truth of them , we shall be no more concerned in them , than if they were the grossest fictions . for no man will be moved by those things in which he thinketh he hath no interest : but in pure falshoods we can have none , because they are pure non-entities . to what purpose therefore is it that christianity hath armed us against sin with the strongest motives in the world , if we do not believe them , all the glories it proposeth will signifie no more to us , than the promise of a fair inheritance in utopia ; and we shall be no more concerned in all the terrors it denounceth , than if we were only threatned with an invasion from the world in the moon ; and what though christianity fortifies us against misery , with arguments strong enough to create comfort in hell , yet if we give no credit to them , they will be as far from comforting us , as the festival dreams of a starving man , are from satisfying his hunger : if therefore we intend that religion should secure us , either from sin or misery , we must imbrace its proposals with a hearty and lively saith , and as we must believe it , so we must practice it , else it will be as insignificant to us as the dreams of the alchoran : for the way of christian religion is not to hale and drag men out of the arms of their lusts by force , and irresistable power , but by arguments to sollicite them to the practice of those duties it enjoyneth , and by that to wean them from their vicious inclination . for our religion walks in the methods of our nature , and carries us on by degrees , from acts to habits of goodness : and in this method it is , that the divine grace , which accompanies christianity doth work its effects upon the spirits of men ; not by an instantaneous infusion of virtuous habits into their wills , but by making effectual addresses to their reason , and consciences to perswade them to thwart their vicious inclinations , by practising those virtues that are contrary to them : and so it goeth on , moving us to a continued repetition of those virtuous acts , until all our evil habits are gone out , and expired into the contrary habits of virtue and goodness . for the grace of god is like a grafft put into a stock of another nature , it makes use of the faculties and juyce of the stock , but by degrees converts all into its own nature : and therefore we usually see that when a man hath been wicked , the beginnings of his reformation proceed not from habit and inclination , but from fear and terror ; and whilst he doth obey god , he would rebel if he dared ; but persevering in his obedience , he groweth more habituated to it , and so by degrees it becomes his nature . this therefore being the ordinary method of christianity to carry us on by repeated acts to permanent habits of virtue , our obedience to its commands is indispensably necessary , if we expect it should either rescue or secure us from sin ; for no man is secure from fin , until he is habitually virtuons ; which state without a miracle no man can arrive to but through intermediate acts of obedience ; and as without the practice of it duties christianity cannot arm us against sin , so neither can it against misery : for all those gracious promises , and comfortable proposals by which our religion arms us against the miserie of this world , are suspended upon the condition of our obedience to its laws , and whilst this is wanting , there is not one word of comfort for us in all the glad tidings of the gospel , there is no promise in it will open a door of hope to shelter us from the storms of trouble ; but all its dreadful threats will be perpetually thundering out their terrors upon us , so that if we are resolved to be wicked , we can never expect comfort from christianity ; for it hath set up a flaming sword to chase all wickedness out of the paradice of its joys : so that we may as soon suck balsom out of a scorpions sting , or gather nectar from a nest of wasps , as joy or comfort from the christian religion , whilst we persevere in our wickedness : thus you see how necessary it is that we should believe the doctrines and practice the duties of christianity , if ever we mean that it should arm and desend us . to close up all therefore , as you hope to be the better for your religion , to be defended by it , either srom sin , or misery , do not content your selves any longer , either with the empty name of christians , or the formal profession of christianity , but endeavour seriously to work your minds into such an effectual belief of it , as may throughly mould you into an hearty compliance with its duties ; for which end let me perswade you to shake off all that prejudice against religion , which lewd and vicious principles may have infused into your understings , and to consider seriously with your selves , whether it be not a thousand times more for your interest that religion should be no imposture , than that you should enjoy your lusts , and whether all those comforts that religion administers in this life , and all those hopes it giveth of a glorious immortality in the life to come , be not infinitely more valuable than the short and fulsome pleasure of a few paltry vices , and sure if you are wise , when you have throughly considered this , you will heartily wish that christianity were true , though you should not be able to believe it so ; but if when you have quitted all your prejudice , you will but impartially survey those many and mighty evidences upon which this excellent religion is founded , you will soon find all that infidelity which now hovers over your understandings , vanish , and fly away like shadows before the sun ; and your minds being once perswaded into an hearty belief of its truth and divinity , you cannot imagine what force you will find in all its motives , and arguments , then will its promises tempt ye a thousand times more than all the lures , and blandishments of vice , and its threats will over-power you with such an awful dread , that nothing in the world will be so terrible as sin ; and you will find more life : 〈◊〉 one word of religion , than in all the address and rhetorick of vice ; then you will no longer complain of the difficulties of religion , nor be startled at the steep ascents in the way to heaven ; for your faith will every moment supply you with new strength and vigour to carry you through all the weary stages of your duties ; and having thus put on christianity by saith and obedience , you will find your selves instantly inspired by it with such an invincible courage , as will inable you to conquer all the malice , and triumph over all the miseries of the world . for now we shall be m rs of our own fortunes , and we need no longer be tenants at will to the chances and accidents of the world , but all our happiness in our own hands , and may choose whether we will be miserable , for whilst we keep peace with god and our own consciences , and do not through our own wilful folly forfeit the blessed hope of immortality ; it is not all the power and malice of the world can threaten our ruine , or shake the foundation of our happiness ; and therefore as we would be happy both here and hereafter , let us put on the whole armour of god , and sincerely submit our faith to the doctrines , and our practice to the laws of christianity ; then may we bid defiance to all misery , and march triumphantly through heaven to heaven , and pass through one paradice into another : and our religion having armed us against all the troubles of this life , shall in the end crown us with the joys of the life to come . finis . the humble and thankful acknowledgement and declaration of the county of southampton presented by the grand jury of the said county at the last sitting of a commission of oyer and terminer, to be presented by the knights and burgesses that serve for that county, to the right honorable, the house of commons in parliament assembled. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the humble and thankful acknowledgement and declaration of the county of southampton presented by the grand jury of the said county at the last sitting of a commission of oyer and terminer, to be presented by the knights and burgesses that serve for that county, to the right honorable, the house of commons in parliament assembled. england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : jan. . . [i.e. ] while desiring peace, they feel no settlement can be made with the king. they will acquiesce in any settlement of affairs made by parliament -- cf. steele. ordered by the house of commons to be printed and published january [i.e. ]. signed: h: elsynge, cler. parl. d. com. reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . southampton (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no the humble and thankful acknowledgement and declaration of the county of southampton, presented by the grand jury of the said county at the england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble and thankful acknowledgement and declaration of the county of southampton , presented by the grand iury of the said county at the last sitting of a commission of oyer and terminer , to be presented by the knights and burgesses that serve for that county , to the right honorable , the house of commons in parliament assembled . as we detest with horror the levying of a new vvar , so we desire from our hearts the firm settlement of a lasting peace , after so many applications to the king made by the parliament , and especially after the last address , wherein the houses ( as we humbly conceive ) demand nothing , but what is most essential to the safety of the people ; and after the kings absolute negative to the last message of the honorable houses , we exceedingly doubt of any settlement by further application to the king ; and therefore we do most humbly acknowledge the wisdom and goodness of the parliament , in resolving to settle the peace of this poor miserable distracted nation : and by the blessing of god ( as in duty we are bound ) we shall not onely most willingly and chearfully submit and acquiesce in such settlement , as they in their grave judgements shall finde to be most conduceable to our peace ; but also in our several places and callings , shall heartily endeavor to promote the same . edward heighes , robert cooper , john knight , anthony brown , benedict barnham , john andrews , william doling , thomas cole , peter percival , william fisher , arthur lipscomb , william hilokir , john elliot , william hunt , theophilus smith , john bidlecomb , anthony casbert . januarii , . ordered by the commons assembled in parliament , that this acknowledgement and declaration be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , jan. . . the case of the right honourable william harbourd, esq; and sir francis guybon, knight, chosen members for thr burrough of thetford, to serve in this present parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the right honourable william harbourd, esq; and sir francis guybon, knight, chosen members for thr burrough of thetford, to serve in this present parliament. harbourd, william, esq. guybon, francis, - . sheer ([ ] p.) s.n., [london : ] caption title. publication data suggested by wing. ms. notes in left margin. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons -- contested elections -- early works to . elections -- corrupt practices -- england -- thetford -- early works to . thetford (england) -- politics and government -- th century -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the right honourable william harbourd , esq ; and sir francis guybon , knight , chosen members for the burrough of thetford , to serve in this present parliament , the burrough of thetford is an ancient burrough ; and by prescription sends two burgesses to represent them in parliament . the right honourable william harbourd , esq ; and sir francis guybon are chosen and return'd by the old corporation and sir joseph williamson , knight , and adam felton , esq ; by the new one. in the th . of queen elizabeth , the burrough of thetford was incorporated by the name of the mayor , ten principal burgesses and twenty commoners . it was directed in the said charter , that the mayor and commoners should , the wednesday next before michaelmas day in every year , between nine and eleven in the morning , meet in the guildhall , or some convenient place in the said burrough , and there name two of the chief burgesses to the inhabitants , who are to elect one of them to be mayor for the year ensuing . note , under this constitution it continued till . at which time john mendham was mayor , who having got an acquaintance with sir lionel jenkins , then principal secretary of state to king charles the second , did in the same time of his mayoralty , endeavour to incline the corporation , to chuse such men to represent them as would serve the designs then on foot ; but finding he could have no influence over them , and that the time of his mayoralty was almost expired ; did on the election day , being wednesday before michaelmas , absent himself till he thought the time of election was over , thinking thereby to make void the election . yet notwithstanding , the commonalty did assemble themselves , and did name two of the principal burgesses to be mayor for the year ensuing , of whom wormly hethersett ( being one ) was elected and declared mayor . about eleven of the clock , mendham ( who had absconded himself ) came and appeared , and being told they had made choise of hethersett , seemingly approved of it , and made an excuse that he did not come sooner . nevertheless mendham ( although hethersett had often applied himself to him ) refused to swear him mayor as he ought to have done ; and although several mandamus's were sent to him ( out of the king's bench ) injoyning him to do the same , yet he disobeyed them all . whereupon he was brought up the next term by a tipstaff to answer his contempt , and was committed in custody to the tipstaff , from whom he got away and rid down post to thetford , and there called together such of the burgesses , as were of his party , who disfranchized two of the members that were not of their stamp , and swore two new ones in their places , the one of whom stood at that time excommunicated , and the other mendham's son , who was not above sixteen years of age , and who did immediately vote a surrender of the charter , which they but just before swore to maintain , and it was accordingly surrendred and inrolled in chancery . afterwards mendham solicites and gets a new charter , wherein himself is made mayor , and such others added to him , as would serve the intent of a surrender . note , that at thelast session of parliament , in a hearing before the committee of elections , concerning those that were chosen by vertue of the new ; and those that were chosen by vertue of the old charter : the committee did declare , that notwithstanding the surrender and inrollment ; those that were returned by vertue of the old charter were duly returned . and upon report thereof the house did unanimously agree with the committee . the case of william coryton, esq; for the burrough of michell in the county of cornwall. to be heard on monday the th of november, . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of william coryton, esq; for the burrough of michell in the county of cornwall. to be heard on monday the th of november, . coryton, william, esq. sheet ([ ] p.) s.n., [london : ] caption title. publication data suggested by wing. imperfect: one word obliterated in ink. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons -- contested elections -- early works to . elections -- corrupt practices -- england -- cornwall -- early works to . cornwall (england : county) -- politics and government -- th century -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of william coryton , esq for the burrough of michell in the county of cornwall . to be heard on monday the th . of november , . that a new writ being ordered to issue for the choice of a burgess to serve in parliament for the said burrough , in the stead of charles fanshaw , esq the said writ was accordingly taken out by the petitioner humphry courtney , esq or his agents , the twenty fifth , of june last , but detained in their own hands without delivering the same to the sheriff to be executed , although often thereunto requested , until about the eighteenth of september ; at which time the petitioner , and the said mr. coryton stood candidates , and the said mr. coryton was thereupon duely elected by the majority of the burgesses and inhabitants electors of the said burrough ; the said mr. coryton having twenty three votes , and the said mr. courtney but nineteen , as appeas by the poll. and the said mr. coryton was accordingly returned by the port reeve , the proper officer of the said burrough , and his indenture annexed to the said writ , and returned by the high sheriff . yet notwithstanding the faireness of such election , the said mr. courtney to put the said mr. coryton , to , further trouble and charges , hath 〈◊〉 presented a petition complaining of an undue and and false return , pretending that he had the majority of well quallified electors ; whereas in truth and in fact , the said mr. coryton was duely chosen and elected , as well by the majority of the said burgesses and inhabitants of the said burrough , as by the majority of the said burgesses and inhabitants of the said burrough paying scot and lot. all which the said mr. coryton will make out at the hearing before the committee . by the king, a proclamation for the meeting of the parliament england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the meeting of the parliament england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) ; x cm. printed by the assigns of john bill, deceas'd, and by henry hills, and thomas newcomb ..., london : . broadside. caption title. royal arms (steele ) at head. "given at our court at whitehall the eleventh day of october, ..." reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit by the king , a proclamation , for the meeting of the parliament . james r whereas on the second day of july last , we signified our pleasure to both our houses of parliament , that they should be adjourned until the fourth day of august last , and that we did not then intend to make a session , but that the session should be carried on by further adjournments by such members as were about the town , until the winter , unless ●ome emergency happened , which might require their meeting , in which case , or whensoever we should intend a session , we declared we would signifie our further pleasure by our proclamation . and whereas on the fourth day of august last , both our said houses of parliament met at westminster , and according to our royal pleasure then signified to them , were adjourned until munday the ninth day of november next ; on which day we purposing to meet our loving subjects in parliament in order to make a session , and to the end the members of both our houses of parliament may not be ignorant of our intentions and good pleasure herein , we do by this our proclamation , by and with the advice of our council publish and declare the same ; and do hereby will and require all and every the members of both our houses of parliament , unless let and hindered by some lawful cause , to assemble and keep their day at westminster on munday the ninth day of november next , according to the said last adjournment , as they will avoid our royal displeasure . given at our court at whitehall the eleventh day of october . in the first year of our reign . god save the king. london , printed by the assigns of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty . . no fool, to the old fool l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) no fool, to the old fool l'estrange, roger, sir, - . sheet ([ ] p.) s.n., [london : ] signed and dated at end: tho. scot. [i.e. sir roger l'estrange] march . . imprint from wing. reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no no fool, to the old fool: l'estrange, roger, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion no fool , to the old fool : heark ye my masters ; — for one half quarter of an hour now , let 's be as wise as woodcocks ; and talk a little treason . why should not we thrive in the world as well as our neighbours ? had not other people heads , and souls to lose as well as we ? if men will be damn'd , they had better damn rich than poor : — as bradshaw ; and th' attorney general damn'd ; and as they damn at westminster ; — as bishop arthur does intend to damn : and there 's another fellow — what d'ye call him ? — pish — i 'm the worst at names — he had a writing office , i remember ; — he that sold a parcel of prisoners to a scrivener : — he served a lawyer once , and afterwards a brewer , both of a name — that fellow , will damn , damn'dly rich. his master too , is in a fair way to th' devil . i could name you a hundred of these thriving lads , whom , though the honest world despises ; — believe me , — two or three hundred-thousand pound , is a convenient plaster for a broken head ; there 's something to bear charges yet . there 's power and plenty . — they cousen , whom they please : — hang , and draw , at will ; — they keep their lacquies , and their whores : and at the last , they go to hell in triumph . they have their blacks , and elegies , and leave the state to pay the draper , and the poet . t would make a man bepisse himself , to see the soft , and tender-hearted needham , weeping ( like niobe , till he turn's t'a stone ) over the tomb of bradshaw , — to see him cry with one eye , and laugh with th' other , and yet , the tragicomical puppy , keeps his countenance . the teares of such a saint , cannot but fall , like drops of lambeth-ale , upon the tongue of dives , — how great a consolation was it ( think ye ) to the late protector , to find himself placed at the right hand of god ? by sterry ( that blasphemous , bold phanatique ) of whose condition , charity it self can scarce admit a comfortable thought . for , after a long course , of treason , murther , sacrilege , perjury , rapine , &c. he finish'd his accursed life , in agony , and fury ; and without any mark of true repentance . you 'll say he was the braver villain for 't . — crimes of this large extent , have indeed something that 's masouline to allay them . but to be damn'd for sneaking , to purchase hell at the price of all that 's pleasant here : — to contract sin , and beggery , in the same act and moment ; this is the most impudent , and ridiculous wickedness that may be . he that indents with the devil , has a merry bargain , compar'd with us ; there 's time , and pleasure . here , the vengeance treads upon the heels of the offence ; and the punishment of our misdoings , is the necessary ▪ and next immediate effect of them . — in paying taxes , to an vsurped power ; there , a defection from the righ● , and a complyance with the wrong , renders us doubly criminal — and in this case , we doe but buy our chaynes , and the very next effect of our disobedience , is slavery ▪ it comes all to a point , in what concerns subjection to unlawfull powers . vnder a force , — is a brutish argument . vice is the obliquity of the will : that 's free . the same plea lies in the case of martyrdom : and by the same rule we may renounceour maker . if wicked , we 're resolv'd to be , — let 's go a nobler way to work — let 's get a matter of half a dozen crafty knaves toget●e● ; take in some thirty or forty slye rascals into the gang , and call our selves a parliament . why gentlemen ? this is no imp●ssible thing , our title is as good as theirs , that ha' done the same thing before us , but then be sure of the proportion . seven parts of eight must have neither wit nor honesty : yet doe look as wise as judges , and in the middle of their pater-nosters pick their neighbours pockets . these are to be directed by the rooks , and by them both , the nation , which would be over ▪ stock'd with cheats , were any more admitted into the grand conspiracy against the people , to personal abuses , the rest are likewise qualified . they may imprison when , where , and whom they please , without cause shewed , their will is a sufficient warrant for the well-affected . in fine , they are the peoples voice , and that'● the voice of heaven . why now should we despair of the same events , from the same means , considering , what a drowsie patient , and phlegmatick people we have to deal with ? shall's fool a little ? let us vote down magna charta , and the petition of right ! — settle a preaching militia , and a fighting ministry ? — out with our whinyards , and off with the names , instead of the heads of the kings tryers ; as okey did upon the change . take away monk's commission ; petition the souldiery to petition us , to declare our selves perpetual ; — bind up the nation under limitation for the next session , and exclude all but our own party from the choice . no matter for the law or conscience of the business — articles of surrender ; and publick acts of indemnity , amount to nothing ▪ — oaths , and covenants , are but occ●sion●l submissons to conveniency : not binding any man , that in the very act of taking them , resolves to break them . let things come to the worst ; when we have overturned the government ; — polluted the very altar , with our masters blood — cheated the publique , &c. — it is but to whine , and snivel to the people ; tell them we were misled , by carnal appetites ; — cloath all our rogueryes , in scripture-phrase — humble our selves before the lord ; ( but not a sy●lable concerning restitution ) and they 'll forgive us ; nay , perhaps , trust us too : think us their friends for doing them no more than all the harm we could . — 't is a good natu'rd sort of beast , — the common-people , if it be pleased ; and 't is the easiest thing in nature , for fools and knaves to please it . they have not been gull'd half long enough yet , — what will you say now , to a new-parliament made of an old one ? as there 's no fool , to the old one , so there 's no knave to the old one . what do ye think of your episcopal cole-marchant sir arthur , for durham : and let him bring in his fellow-labourer sir harry vane for newcastle ? in the city of london , you cannot choose amisse , provided , that ireton or titchburn , be one ; and that he chuse his fellows . — for kent , no man like sir michael livesy , ( a knave , a fool , and a coward . ) — for norfolk , let miles corbet be one , and if the house does not like him , let 'um recommend him to the red bull , for he personates a fool or a devil , without the charge either of a habit or a vizor . if the nation be so charitably disposed , as to erect an hospital in favour of the lame , the rotten , and the blind , let 'um take in limping luke robinson ; rheumatique mounson ( this poor gentlemen has the mourning of the chine ; ) bobtayl'd scot ; and the blinking cobler . — but why do i pretend to direct in particular ? — among the kings tryers ; excise men , sequestratours , close committee-men , major-generals , buyers and sellers of crown and church-lands , &c. — they may wink and chuse . alas , they 're all converted . i 'm sure he 's right , cryes one ; he told me so . dull sotts that we are ! let us be right our selves ; and then , what need we care who 's wrong ? i 'll put a case to you : suppose , upon the dissolution of this session , six or seven thousand of the phanatique souldjery , that knows , a settlement destroys their trade ; should try a blow for 't yet ; and by the help of some of their confedederates , yet in appearance of authority , should put a force upon the honest party : ( 't is but to suppose , what many of that gang are bold enough in publique to declare ) i have a phansy you 'll look on still , and betake your selves to your old senseless plea , — they have the power . — which , if you do — no no ; you cannot be so tame , and witlesse . be carefull whom you trust , either in your militia , or counsels ; chuse persons of estates honestly gotten ; such , whom the law preserves , will preserve the law . whereas , if you chuse such as have an interest of their own , that th'warts the publique ; you 're very charitable , to believe that those very people , who all this while , have cheated you to benefit them selves , should , at the last , adventure all to preserve you . look before you leap tho. scot . march . . finis . the truth of the times vindicated whereby the lawfulnesse of parliamentary procedings in taking up of arms, is justified, doctor fernes reply answered, and the case in question more fully resolved / by william bridge ... bridge, william, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the truth of the times vindicated whereby the lawfulnesse of parliamentary procedings in taking up of arms, is justified, doctor fernes reply answered, and the case in question more fully resolved / by william bridge ... bridge, william, ?- . [ ], [i.e. ] p. printed by t.p. and m.s. for ben. allen ..., london : . reproduction of original in thomason collection, british library. eng ferne, h. -- (henry), - . -- resolving of conscience. ferne, h. -- (henry), - . -- conscience satisfied. england and wales. -- parliament. divine right of kings. a r (wing b ). civilwar no the truth of the times vindicated: whereby the lawfulnesse of parliamentary procedings in taking up of arms, is justified, doctor fernes rep bridge, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion the truth of the times vindicated : whereby the lawfulnesse of parliamentary procedings in taking up of arms , is justified , doctor fernes reply answered , and the case in question more fully resolved . by william bridge preacher of gods word at great yarmoth . psal. . . except the lord keep the citie , the watchman waketh but in vain . quaeso lector , ut memor tribunalis domini & de judicio tuo te intelligens judicandum , nec mihi nec adversario meo foveas , neve personas loquentium , sed causam consideres . hierom. printed according to order . london , printed by t. p. and m. s. for ben : allen , and are to be sold at his shop in popes-head alley . . errata . in the frontispice for soveas read faveas in the epistle , for being asked , read having asked . p. , , , , , , . for truths of the time , r. truth of the times ▪ p for there r. they p . for altha●ius r. altha●ius , for henomus , &c. r. henonius . henning and amisaus . p ▪ . for yet r. yea . p. . for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} p . for duct a naturar . d●cta naturae . p. . for rainervus r. rainerius . p. . for affect r. effect ▪ p. . for under r. into . p . for oppose r. expose . p. . for governed r. governing . p. . for junius , josephus , brutus , read junius , brutus , josephus p. . for ropos . r. propos. p. ▪ & . for dwell r. dwelt . p. . for thats read its . p . for wisd. . r. rev. . p. . for but passive r. not passive , p . for if lawfull r. lawfull . p. . for take of , r. take heed of . pag. . for to which , r. which . p. . for see will ▪ read so will . p. . for committe r. community . p. . for that prince r. the prince . p. . for being read bring : for that that r. that it . there are many faults escaped in the marginall latine , yet because the latine is turned into english , and the authors cited , i do not note those errata . to the right vvorshipfvll , the knights and gentlemen deputie-lieutenants of the county of norfolk . honoured sirs : give me leave to joyn you together in one epistle whom god and your countrey hath joyned together in one service ; it is not in my purpose to blazen your worth before the world , your own actions speak you in the gate , and wise men had rather do worthily then heare of it ; onely observing your unwearied labour of love for god and your countrey . i count it my duty to come forth and meet you with this pen-service in testimonie of my thankfull respects to you . you read numb. . when the wrath of god brake out against israel , that phineas stood up and executed judgement , and the wrath was not onely diverted but himself blessed , yea the blessing was a blessing of peace though wrought out by the sword : your like action in this time of wrath will carrie the like blessing on your selves and houses , yet your work is rather to bring men to justice then to execute it . many blessed comforts w●it on your service . first , we read in scripture but of one man so potent in heaven that he could command the sun to stand still , and he was a souldier , joshua ; but of one man of whom it was said , that he had an heart after gods own heart , and he was a great souldier , david : but of one man of whom christ gave that great testimonie , i have not found so great faith no not in israel . and he was a souldier too the centurion , thus ha●h god honoured your calling . secondly , your work is good , for you are the ministers of reformation . i read of a king of meth , sometimes in ireland , that being asked how certain noysome birds that came flying into that countrey and bred there might be destroyed : was answered thus , nidos eorum ubique destruendos : the way to be rid of them was to destroy their nests . now for a long season many noysome birds have been flying over into this kingdom , and have bred here ; the work of these times , is to destroy those nests of jesuites and jesuited persons , and it is that work which now you are upon . though it cost some paines its worth your labour , happie is that necessitie which leads to better things . thirdly , your cause is just also , agreeable to the law of nature ; for , conservatio sui ipsius est opus naturalissimum , to the law of god : for david though not the representative body y●t lawfully took up armes for his own defence ; to the law of the kingdom , for what more legall then that the houses of parliament should bring in delinquents to triall , and how can that be without armes when the delinquents betake themselves to their armes ? the schoolmen say three things concurre to a just warre . first , jurisdictio indicentis , and for that you have the authoritie of parliament , which , as one writes , if you respect antiquitie , is of all courts the most ancient ; if dignitie , is of all courts the most hononorable ; if authoritie and jurisdiction , is of all courts the most copious . secondly , offensio patientis , and for that you have matter too much , and your enemies too little , the great cause of their armes is but some peece of prerogative ( if they pretend truly ) a cause infinitely beneath so unkind & bloodie a war as this is . thirdly , intentïo boni convenientis , and for that i dare say you are bellando pacifici , your war being to prevent warre , and your present bleeding to prevent some great sicknesse which this state would sink under . fourthly , your forces live and march under as many prayers as ever english armies did , you have preces arma●as ; and though joshua fought valiantly , exod. . yet the prayers of moses ( who was not in the fight ) got the field . fifthly , if you do overcome , you shall not make your selves slaves by your own victories ; we may truly say of some , dum vincunt victi sunt : when they have overcome others , they are slaves themselves ; your religion , laws , and liberties stand all readie to reward your prowes . and sixthly , if you be overcome and die , you die for god and your countrey ; who can bring his life into a better market ? blessed are those that dye for the lord , so that word ● is rather to be read , rev. . . wherefore as heretofore so now much more labour to hold forth the vertues of him that hath called you to this great imployment . as souldiers are more honoured then others , so they should be more vertuous ; he had need carry much grace in his heart that doth daily carrie his life in his hand ; and your souldiers should as well overcome the countreys with their good examples , as the enemies with their swords . when joshua went out to battell against the amalakites his men were all chosen or choice men , exod. . . and saith the lord deut. . when the hoste goeth forth against thine enemie then keep thee from every wicked thing . it is ordinarily observed , that when the jews marched out of egypt into canaan , they carried in their colours some significative signe , judah carried a lyon in his standard , ephraim an ox , reuben , the picture of a man , nepthali an hinde ; a lyon noting their courage , a man noting their skill and understanding , an hinde noting their swiftn●sse and readinesse for execution ; and an ox for patience , strength and obedience . such colours should those weare in their lives that are souldiers for god . the enemies of the churches had their colours also ; the beare , the leopard , &c. dan. . cruell in humane practises , being more fit to be worne in their lives then ours . how can men be faithfull to you that are unfaithfull to god ? dr. ferne , your adversary and mine , writes thus of the parliaments forces ; if a list of the army against his majestie were examined , there would be found if not a considerable number of papists , yet of such as they that employ them would have cause to be ashamed of , &c. it may be some of your souldiers would say as davids did , let me go over i pray thee and take off his head . but let your answer rather be ▪ let him alone , and let him reproach , it may be that the lord will look on mine affliction , and that the lord will requite good for his reproaching this day . and as formerly so now yet more and more let your endeavour be to wipe off such aspersions by sending and employing such souldiers as may not stain your good cause with their ill practise , let your motto be , militia fine malitia . and as for your successe either it will be good or bad ; if bad , measure not the goodnesse of your cause thereby . eventus est stultorum argumentum , it is gods course to give by denying , non habendo habemus . wicked benjamin who took part with the delinquents of g●beah , must first prevaile against not representative , but all israel , who took up armes to do justice , that israel might be the more provoked against them . judg. . and if your successe be good , let your men carry it humbly : humilitie after mercie makes men fit for more mercie . and he that boasts in his own bodie , boasts in his own prison : rejoyce not , saith solomon , when thine enemie falleth . pro. . . your souldiers may rejoyce in gods providence , but not in their enemies blood . zonarus writes that this was the manner amongst the romanes when any triumphed , that an officer stood behind him , saying , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , look what is behind , and there he saw a bell and a whip ; a whip noting that for all his greatnesse he might come under the lash of misery , which bell-like would sound very loud . thus have i taken the boldnesse to present you with my rude thoughts and this small treatise , concerning which i say as salvian , i have not sought smooth but profitable words . and in which because it hath pleased god to lay the foundation of your proceedings in your good successe at crowland , by the hand and command of that worthie gentleman sir miles hobert , i wish you that blessing which the abbat of crowland when he began to build the abbey would have made the foundation thereof , perpetuam foelicitatem . your humble servant in the gospel of christ jesus . w. bridge . an advertisement to the reader . thou mayst perhaps wonder that this answer was no sooner returned to the doctors reply , which came forth so long agoe , so that now it may seem to come forth too late : know therefore first , that the doctors book it selfe , some while went up and downe in the darke , seen onely of a few . secondly , that the author of the answer living farre from london , it was much longer before he could have the sight of it : after he had it , he soone dispatched his answer , which he left in the hands of some friends here , a moneth since , to be published , but new licencers being appointed , much time was spent in carrying of it from one to another for leave to travell safely : as also printers being full either of businesse or negligence , it comes to passe , that it hath been much longer in the birth then in the breeding . i hope it comes not too late to satisfie the conscience of the well-affected , or to encourage those that are engaged in this so necessary a defensive warre ; and it may be much more seasonable then if before , whiles peoples mindes are generally inclined to goe up with one unanimous consent personally to maintain the true religion , life and liberty of the subiect , which seems to be the likeliest way to put an end to our unnaturall uncivill warres , and happy shall that man be called , that shall help forward that great worke , and be a meanes to still the storme , the end of a inst warre being peace , as the lancing of the wound is for the cure of it . farewell . i. a. an introdvction to the reader . good reader , you see into what sad times we are now fallen : our english sunne is almost set , out day of peace and plenty is almost done ; workmen go from their labour , & beasts go forth to their prey . and it war be the worst of all miseries , and civill warre the worst of all wars ( as indeed it is : for there the parents do bury their children ; a whereas otherwise the children do bury their parents ) then is our condition of all the most lamentable . the disputing time is almost now over : the doctor hath stared so long in bringing up his rear , that i fear the controversie depending , is now rather to be determined with the dint of the sword , then with the strength of the pen : yet because the temple must be built in troubleous times , and the tide of truth doth usually at the first creep up by the bank side against the streame ; i am not unwilling for truths sake , once more to appeare in this cause , that i may deliver it from those exceptions wherewith the doctor hath burthened the same . it is not long since i met with the doctors reply , and at the first i thought it not necessary to give any answer unto it ; partly beeause the subject is so well beaten , that he is almost answered before he hath objected ; partly because i count that reply scarce worth a sober answer , which is clothed with so many scoffing jeeres , and vile reproches , things unworthy ▪ of a d. d. especially such as pretend satisfaction of conscience : but it will finde entertainment with conscience according to its owne nature : for what luther speakes of certaine preachers , is true of writers also . b multi sunt ( saith he ) there are many hot and tumultuous preachers , who would have all things done as they say , not so much willing to be heard because they speake the word of god , as because they are teachers of it , desiring rather that the organ then the sonnd may be commended ; who having meditated and conceived some words , do promise to themselves presently to convert those that heare them : whereas through the wonderfull wisedome of god , they do nothing lesse then what they thought : for the soule of man perceiving that the word preached is compounded with their art , and covered over with humane dung ; that is , poluted with humane affection and passion , it doth therefore nauseat the thing delivered , and is rather provoked then converted . yet because i have been earnestly desired by friends , to open more fully the nature of government and civill government of england , i am not unwilling to set pen to paper againe . for your better satisfaction therefore give me leave to lead you on by some steps or propositions which i shall lay down in the first and second chapters , and then shall come more neerly to answer the doctor . chap. i , now because the basis of our question is , concerning the nature of government , rule and authority , or ruling and governing power ( in which principle our doctor is so much mistaken ) i must ( though at last ) shew what that is . power in it selfe therefore , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the word used rom. . properly signifies a liberty or authority to c worke or act towards others , translated licentia from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as licentia à licet : sometimes the word is used in the abstract , as luke . . luke . . sometimes in the concreate , as matth. . . rom. . . . where , saith gerard , d not without great advice the apostle paul doth use an abstractive manner of speech to shew that subiects ought not so much to respect the persons commanding , as the office it selfe in their commandements . take the word in the abstract , so it is all one with jurisdiction , which is ordinarily described to be jus dicendi in invitum . now this governing power is either ecclesiasticall or civill : civill concerning which our question is according to the apostle paul , as gerard , e bucanan , and others have it , is that ordinance of god which is armed with the sword for the terror of those that are evill , and encouragement of those that do well , rom. . . this dominion of jurisdiction is distinguished from dominion of propriety : for dominion of propriety , as medina observes , f is a power of disposing of any thing that is a mans owne to his own profit . the power of jurisdiction or government is not so ; which while some have mistaken , they have attributed so much power to the prince , in regard of townes , castles and forts , as if he had therein dominion of propriety , which breeds much confusion in mens apprehensions , and doth bias their thoughts into state errors . according to alman , secular or civill power , g is that power which regularly is given to one , or more , by the people , for the ordering and preservation of the common-wealth , according to the civill lawes thereof . i shall go no further then the scripture will lead us plainly in this particular : as ecclesiasticall power or jurisdiction is ministeriall , and therefore called , jus clavium , the power of the keyes ; so civill power is lordly , and therefore called , jus gladii , the power of the sword , whereby some are authorized to exercise jurisdiction in common-wealths over others , for the reward of those that are good , and the punishment of those that are evill : that is , governing or ruling power . d proposition . if we take governing or ruling power as abstractively considered , so it is an ordinance appointed by god himselfe , by me kings reigne , saith god . and our saviour when pilate said : knowest thou not that i have power to loose thee ? &c. said , thou hadst it not unlesse it were given thee from above . and againe , give unto caesar the things that are caejars , shewing that as god hath his dues in the world , so the magistrate hath his . besides , we are comanded to obey and submit unto the higher powers , rom. . and why should there be any obedience if the power it selfe were not commanded of god ; yea , the israelites are faulted for contemning of god himselfe , in casting off the government of samuel , which there should not have been , had not government been appointed by god . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , said the heathen . luther calls magistracie , necessarium naturae corruptaremedium , the necessarie remedy of corrupt nature . and tertullian saith well , inde imperator unde homo antequam imperator . the voice of nature is the voice of god : now nature it selfe teacheth , that in a commmunity , or body politicke , there must be justice administred , otherwise the community can never be preserved : but justice cannot be administred , nnlesse authority , power or jurisdiction , be first appointed ; for what hath a private man to do to put another to death ? thou shalt not kill , is made to all men . object . but the apostle calls it , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an humane constitution or creature , how therefore is it true that ruling power is an ordinance appointed of god himselfe . answ. the apostle dorh no where say , that power it selfe , or magistracie in the abstract , is an ordinance of man , but the forme or qualification of it , as monarchy , aristocracie , democracie , ( which are the chanels in which this power runs ) is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . and therefore the apostle having said , be subject to every ordidinance of man , he addeth , whether to the king as supreame , or to the governours , &c. h durandus here distinguishes between institution of power , and acquisition of it secular power , saith he , considered according to its institution , is of god , but according to its acquisition , and way of use , so not : our doctor doth ordinarily confound these in his reasonings ; yea , though he distinguishes them when he sets downe his owne naked judgement , yet when he comes to reason against us , he will take no notice of his owne distinction , neither can we perswade him to it : but the thing being as visible as the sunne , i passe to the third and chiefe step of my discourse , which is this following . ● propos. though power abstractively considered , be originally from god himselfe , yet he hath communicated that power to the people , so as the first subject seat and receptacle of ruling civill power under himselfe , is the whole people or body politicke . to this purpose doctor ruherfords words are very plaine , afree common-wealth , saith he , containes ordines regni , the states that have nomotheticke power , and they not onely by the law of nature may use justa tutela , a necessary defence of their lives from a tyrants fury , but also by the law of nations may authoritatively represse and limit , as is proved by junius , brutus , bucherius , althasius , haenomus . therefore heming , amiceus doe well distinguish between plebem & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , populum : for indeed the multitude ( excluding the states ) or base of the people , can hardly have another law against i tyrant , then the law of nature . but the common-wealth , including the states of a free kingdome , hath an authoritative . so isodore , origen , atistotle , plato , titus livius , plutarch , and that of the councell of basil , plus valet regnum quam rex , the kingdome is more worth then the king , approved by all . thus farre doctor rutherford , professor of divinity in scotland . the reasons of my position are these : first , when god gave the power of the sword to men , gen. . he gave it indiscriminatim , without difference , to all the world , noah and his sonnes being all the men that were then alive in the world ; and he gave not the sword onely to noah , but to all his sonnes that then were upon the face of the earth ; not that every one might ordinarily use it , but that they might , as they thought fit , appoint one or more who might exercise that power that was given to all , as the first seat of it . secondly , because the power of ruling and governing is naturall , and what ever is naturall , doth first agree to the communitie , or totum , and afterward to the particular person or part , as the power of seeing and hearing ( as k facultas parisiensis observes to this purpose ) is firstly in the man and from the man in the eye or eare or particular member . thirdly , because the fluxus and refluxus of civill authoritie , is from and to the people : if the authority of ruling in a commonwealth be given by the people to him that ruleth ( i speake what is jure & regulariter ) and returneth to them againe to see justice done in case that there is no particular supreme magistrate left to rule then the first subject seat and receptable of ruling power must needs be in the people . now so it is , that both these are true , which i shall prove one after another : as first , the fluxus of civill authority is from the people , civill government or authority is derived from the people to the prince , or him that ruleth : they ordinarily and regularly doe and are to communicate that governing power where with such or such a person is so invested : therefore saith the lord , d●ut. . . . when thou art come into the land which the lord thy god giveth thee , and shalt possesse it , and shalt dwell therein , and shalt say , i will set a king over me , like as all the nations that are about me , thou shalt in any wise set him king over thee whom the lord thy god shall chuse , thou shalt not set a stranger over thee which is not thy brother . where we shall see , that the whole power of appointing and setting a king over them , was given unto that people ( as other nations had it ) by god himselfe . for first , god directing them herein , doth not say thus : when thou dwellest in the land which i shall give thee , take heed that thou do not set a king over thee , which thing belongs not to thee ; but as a matter belonging to the people , he saith , when thou shalt say , i will set a king over me , be sure that he be a good one , and such as is pleasing to me . secondly , in that he doth take away the power from them of making a stranger , he granteth them a power to make a brother , as l mendoza well observes . now saith god to them , thou mayest not set a stranger over thee , which is not thy brother . thirdly , what can be more plaine then the words themselves ? in the . verse the words are reduplicated , ponendo pones , according to the hebrew , in placing thou shalt place : and that there might bee no mistake in the matter , god is pleased to explaine the former word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which we translate , set or place , by an afterward in the ● . verse , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies to give , thus , thou mai●st not give a stranger over thee , so that setting and giving in these two verses , are all one , shewing that is firstly in the people to set or give a power unto others to rule over them . secondly the apostle peter calis this civill power {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . now it is not therefore called so , onely because it concerns men , or because it is conversant about men , or appointed for the good of men : for then the government m of the church also should be so called but because the way of governing is raised appointed , established by man himselfe , as is observed out of oecumenius n . thirdly , this derivation of authority from the people will appeare also , if men do seriously consider the state of jewish government . there was no people nnder heaven whom god did so immediatly reigne over , as their king ; yet if we observe those kings that were the most immediatly appointed by god himselfe , we shall finde the intervening choice of the people , insomuch as it is said of saul expresly , that the people did chuse him , sam. . . behold your king whom you have chosen and desired , upon which words mendoza observes , that by the word chosen cannot be meant desired , because that word was added too , as different from the former , yet it is said , sam. . . that all the people went to gilgall , and there they made saul king : whereupon , sayes o mendoza , what is more plain ? neither could they make him king otherwise , then by conferring kingly power upon him . i doe not say that god did not make a designation of his person to the crowne , there is much difference between the designation of person , and collation of power . when the israelites were under the government ofthe of the judges , they desired & chose a new way of government , saying to samuel : now make us a king to judge us , like all the nations , . sam. . and when god had yeelded to them , and had designed saul over them , the people also came in with their election and sufftages . neither are these two , gods designation and mans election repugnant , but may stand together : for as zepperus observes on those words , deut. . p thou shalt set over thee a man whom god shall choose ; the election may be of god , the constitution , susception and comprobation of the people by their suffrages . and car. scribanius q who purposely writes of the forme and manner of the jewes government and common-wealth , speaks abundantly and plainly thus : but for that which concernes the creation of the king of israel , he was first ( saith he ) created by the suffrages of the whole people . and if god would have it so then among the children of israel , whom he intended in speciall manner to reigne over himselfe , much more may we thinke that god would have the first constitution of kingdomes to be so ordered now , and amongst other people : wherefore i conclude this , that the prince doth and ought at first to receive his government and authoritie from the people , and that the people themselves do give it to him . and if so , then the first seat and subject of civill government , is the people : r for that nothing can give that to another , which it hath not it selfe first either formally or virtually . and now secondly , for the reflux of authority , so it is , that in case there have been a supreme magistrate in a state , and all particulars cease , and the royall line be spent ▪ and justice to be executed , it returnes to the whole body to see to it . as when josua and divers judges had ruled in israel yet we read that after them , judg. . there was no king in israel , and then was the great sinne committed by the men of gibeah with the levites concubine : whereupon all israel did take the sword of justice , and they said judg. . . to the men of gibea , deliver us the men the children of belial , which are in gibea , that we may put them to death ; which gibea refusing , they did all as one man , goe up in armes against them , god himselfe approving their act . and what had all israel to doe to execute justice , if the power of the sword did not returne to the people , vacante magistratu supremo : neither can it be objected , that though israell had no king and supreme magistrate amongst them , yet they had severall heads of the tribes , by whose power they did come together for the execution of justice , as it might seeme to be judges . . . for sometimes the chiefe of the tribes doth in scripture phrase signifie those that are chiefe in age , wisedome and riches , not such as were chiefe in authority . besides , this action is imputed to all the people , there being foure hundred thousand men that came together upon this designe , vers. , unto whom the levite made his complaint , vers . yee are all children of israel , give here your advice and counsell and all the people arose as one man , vers saying vers . . now this shall be the thing we will doe to gibea , and vers so all the men of israel were gathered against gibea . and least that any should thinke that this worke was done by the power of some remaines of regall authority amongst them , it is not onely said before this work begun , that there was no king in israel in those dayes ▪ judg. . but after all was done ▪ i is said further chap. . . in those dayes there was no king in israel , and every man did that which was right in his owne eyes ; so that jus gladii , the right of the sword , in case of defection , returneth to them again , so far as to see that justice be duly executed : and therefore if both the fluxus and refluxus of authority , be from and to the people , then must they needs be under god the first seat , subject and receptacle of civill power . object . but the scripture tells us , that the powers that be are ordained of god rom. . and it ordained of god , then not of man , nor by any fluxus , or appointment from or of man . ans. not to speake of the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies rather ordered then ordained : government is of god two wayes , either by immediate donation , as that of moses , or by mediate derivation , as that of iudges , and the kings of israel . the government of princes now is not by immediate donation or designation , but by mediate derivation , and so it is both of god and man too , as fortescue speakes , quicquid facit causa secunda , facit & causa prima . but the doctor tells us , that kings at first were not by choice of the people , but that election was a defection from , and a disturbance to that naturall way of descent of governing kingly power by a paternall right , pag. . of his reply . that monarchicall government is not a meere invention of man , as democracie and aristocracie are ; but that it is rather ductunaturae , though not jure naturae , we being led there unto through the veines of nature in a paternall or fatherly rule , pag. . as is plaine by the booke of god , that the first fathers of mankinde , were the first kings and rulers : for we see ( saith he ) that the earth was divided amongst noah and his three sonnes , and still as they increased , new colonies were sent out , who had the government both regall and sacerdotall , by primogeniture ; whence it appeares , ( saith he ) that monarchy was the first government , it being late ere any popular rule aristocraticall or democraticall appeared in the world : and that monarchy , how ever we cannot say that it was jure divino , yet it was exemplo divino , the government which god set up over his people , being monarchicall still in moses , judges and the kings of israel , pag. . ans. first , whereas the dr saith , that the first kings were not by the choice of the people at the first , p. . and that popular election was a kinde of defection from and a disturbance to that naturall way , &c. i refer doctor fern unto doctor fern , who saith both in his first and second book , pag. . of his reply , it is probable that kings at first were by election here as elswhere . this i have spoke to already , and shall speak to yet afterwards ; neither doe we take it unkindly that the doctor cannot agree with us , seeing he cannot agree with himselfe . secondly , whereas he saith , monarchicall government is not a meere invention of man , as aristocracie and democracie are , i refer him to what he saith himselfe : for in his first booke , pag. . . he saith : we must distinguish power it selfe , and the qualification of that power in severall formes of government : if we consider the qualification of this governing power , and the manner of executing it , according to the severall formes of government , we granted it before to be the invention of man . and when such a qualification or forme is orderly agreed upon , wee say it hath gods permissive approbation . yet in his reply he makes this forme of monarchicall government , rather an appointment of god , both ducta natura , and exemplo divino , and not a meere invention of man , as other formes of government are . here i must leave him to agree with himselfe . thirdly , whereas he saith ; that the first fathers of mankinde , were the first kings and rulers : for we see the earth divided amongst noahs three sonnes , &c. i referre him for information to the chron. ▪ . where it is said expressely of nimrod , that hee began to be mighty upon the earth ; whereas if noah and his sonnes were kings , their dominions being greater before the d●vision of the earth into after colonies , they should have been more mighty then he . and what his might was ▪ is declared to us , gen. . . and the beginning of his kingdome was babel , &c. here is the first time , as mendoza well observes , that we read of a kingdome after the flood , and that is marked with a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , rebellavit : for nimrod comes of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to rebell , as if in erecting his kingdome , he had rebelled against the way of government which before wasused if not appointed . and it should seem strange if god had appointed that way of government by making the sonnes of noah kings ; that cham , from whom came nimrod , who was that cursed and wicked posterity of noah , should keep that government alive which was set up by god ; and that shem , who was the godly posterity of noah , from whom came abram , should not : for we read not that abraham was a king , or that his government was monarchical ▪ but rather the contrary , as chro. . . now these are the kings that reigned in the land of edom , before any king reigned over the children of israel . to this purpose mendoza ſ writeth who saith , before the descent into egypt , the jewes did not constitute a common-wealth , but a family : for ( as aristotle ) a common-wealth doth not arise but from a conjunction of many families ; but the● abrahams family was one , to which isaac's succeeded , and to that the house of jacob . and although in jacobs time , after severall marriages there sp●ang up divers families ( the government of all which could not be occonom●●al● or domesticall ) yet were there not so many families as could constitute any politicall common-wealth , but a middle kinde of community , which is called vitalis , or collectanea . yea in sect. . he proves out of austine , anton. isidore , that kingly government fell in the fourth age of the world : and therefore rupertus compares the fourth age of the world to the fourth day of the creation , t because as that did shine with starres , so this with kings . and whereas the doctor tells us , that this regall monarchicall government is naturall , though not jure , yet ductu naturae , we being led thereunto through the veines of nature , in a paternall or fatherly rule , as is plaine by the booke of god , that the first fathers of mankinde were kings , and so regall government to descend upon the first borne by primogeniture , as their families increased and spread further , &c. pag. . i referre him to what molina and pineda say , u molina will tell him , that power is of two sorts , some that hath its rise ex solo jure naturali , and therefore called naturall , as the power of the father over his children , and those that descend from him : other power there is , which hath its origination from the will of men , they being willing to subject themselves to the supreame , and is therefore called a civill power . so that paternall and civill power are not the same , but have two originals . and if monarchicall government should bee by paternall right , then is it not onely ductu , sed jure naturae ; ductus naturae is that whereby wee are led to any thing by the principles of nature : and that which wee are led to by the principles of nature , is jure naturae : for naturale est ( sayes the philosopher ) quod fluit ex principiis naturae . and so the membra dividentia should interfeere , whereas they ought to be fully opposite . besides , if paternall government doe lead us to regall , and monarchicall , then kings should and ought to rule as arbitrarily in their kindomes , as fathers doe in their families : and if subjects doe deny this arbitrary power to them , they sinne , because they are led thereunto by nature , and so all the kingdomes of the world should he in this sinne : for in what kingdome of the world doth a king rule as arbitrarily as a father in his family . again , this contrivance of government by the doctor , supposes that the eldest man , or father after the flood , though he were never so silly and weake , should be king , and that this regall government must necessarily descend upon the first borne , by vertue of primogeniture . for this i referre him to pineda , where at large in his booke de rebus salomonis , he may read pineda proving that among the israelites the crown did not descend upon the first born , but was alwayes disposed of according to the will of the parent , appointing it to this or that childe ; where he brings in abulensis retracting his opinion , and professing , that though he did formerly thinke that the crowne did descend upon the first borne , by vertue of primogeniture , yet at the last he was of another sentence , because it is said , chron. . . . ruben the first borne of israel , because he defiled his fathers bed , his birthright was given to the sonnes of joseph ; yet verse . juda prevailed above his brethren , and of him came the chiefe rulers . now as they argue , if the crowne belonged to the first borne , as part of the birthright that should have been given unto the sonnes of joseph ; unto whom it is here said expressely the birthright was given : but the rule and crowne was given unto another tribe , arguing that it was no part of the birthright , or any necessary annexum to the primogeniture in those dayes . this doctrine pineda proves by examining the series of all the kings , instancing especially in solomon who was appointed king by david , notwithstanding he was not davids eldest sonne ; and abiah who was appointed by rehoboam , though rehoboam had many elder children ▪ as he clears from chron. , , , . fifthly , whereas the doctor saith , this monarchicall government was the first government that god set up ; in moses , judges , and kings of israel , and so though not jure divino , yet exemplo divino . i consesse i cannot but wonder at the conceit , seeing the difference between the government of judges and kings is so abundantly made out by car. sigonius , feverdentius , ranervus , abulensis , and many others ( a ) sigonius saith expresly , the first government among the hebrews was by the chiefe of the people , and after by kings , that by the greeks being , called aristocracie , and this monarchie ; aristocracie , saith he , was under the judges , joshua , and others , monarchie under kings , which aristocraticall government of theirs is signified to us by these words in deut. . . . these are the statutes and judgements which ye shall observe to do in the land which the lord thy god giveth thee . verse . then verse . ye shall not do after all the things that we do here this day , every man whatsoever is right in his own eyes . and indeed if the israelites were under monarchicall government in the times of the judges and monarchie was then on foot ; why should they desire it as another kind of government which yet they had not , . sam. . saying to samuel , now make us a king to judge us like all the nations : verse . by which it appeares that the government which they had before under the judges was not monarchicall as that which they had afterwards . let no man therefore swallow this principle so often inculcated by the doctor , that the government of israel under judges was monarchicall . for though some of the judges were called kings , yet as drusius and others observe , the word king was taken either more strictly for monarchs , or more largely for such captains and governours as did rule over them ; surely god at the first , by all we can read in the scripture , was pleased to appoint magistracie it selfe and left the children of men free to set up that way and forme of government , which in prudence might best correspond with their condition , still making people the first subject and receptacle of civill power : in proofe whereof i have stayed the longer , it being the foundation of all this controversie . and now passe on to the fourth proposition , which is . th . proposition . seeing that the people are under god the first subject of civill power , therefore the prince o● supreme magistrate hath no more power then what is communicated to him from the communitie , because the affect doth not exceed the vertue of its cause . th . proposition . and as the prince hath no more power then what is communicated from the communitie ; so the people or communitie cannot give away from themselves the power of selfe-preservation . because the same commandement that faith , thou shalt not kill : doth also say , thou shalt preserve . precepts that forbid evill , do command the contrary good . now the morall naturall law of god forbids a man to kill himselfe , and therefore commands him to preserve himselfe : and as by a positive act men cannot make a law to kill themselves , no more can they not to preserve themselves ; the one being as strongly commanded by the morall law , and as deeply seated in nature as the other . secondly , because if the communitie should give away the power of self-preservation , the state should not be in a better but in a worser condition then before . the king and prince is taken into office for the good of the people , therefore called pater patriae , & pastor gregis : not because he may arbitrarily rule in the common wealth as a father doth in his familie ; but because of his tender care that he is to have over his people ; and that the people might live more secure and peaceably in all godlinesse and honestie : but if the communitie should give such a trust to any one that they might not at all defend themselves beyond his actuall appointment , they should be infinitely in a worser condition then before , because before such trust they should be freemen ; but after the trust they should be slaves , unlesse it pleases the king through his own gratious condiscention to let them be free still : for what is a slave but such a one who is so absolutely at the power of anothers command , that he may be spoiled , or sold , or put under the gallies , and there beaten daily , having no power to make any resistance or selfe-defence . thirdly , it is agreeable to the law of nations and reason , that no inferiour court can undo what a superiour court hath done , as where an estate is setled upon children by act of parliament , no inferiour court of justice can cut off the intayle . now selfe-preservation is enacted in the court of nature , as he that hath read but magirus unbound , i meane common naturall principles , will grant , and therefore no act of a communitie can cut off this intayle from their posteritie , or make such a deed of conveyance whereby themselves and their children should be spoyled of self-preservation . ob. but though by nature a man is bound to preserve himself , yet he may destroy or put himself upon that which will be his destruction for the publick good ; doth not natura particularis go crosse to its own disposition , ne detur vacuum ? respons . true i have read indeed that natura particularis gives way to natura universalis , but never heard before that natura universalis gives way to natura particularis , or that natura universalis doth seek its own destruction , or loose the power of self-preservation for the good or betternesse of some particular nature . wherefore if the seat of power be in the community , and therefore no more power in the supreme then was and is derived from the communitie , and the people cannot give away the power of self preservation : then in case the prince doth neglect his trust so as not to preserve them , but to oppose them to violence , it is no usurpation for them to look to themselves , which yet may be no act of jurisdiction over their prince , or taking away of any power from him which they gave him , but is in truth a stirring up acting and exercising of that power which alwayes was left in themselves . chap. ii. having now spoken of power in generall , i shall say somewhat of the governing and ruling power of england ; yet because that concerns the parliament to declare ( which they have done ) and lawyers for to clear which they do , i shall but touch upon it , and no more then comes within the compasse and verge ( i do not say ) of a divine but subject . i find therefore in learned fortescue , lord chief-justice , and after lord chancellor in king henry the sixth time , that he doth distinguish of governed or ruling power into two sorts , the one meerly royall , and the other politick . when kingdoms are ruled by royall government , saith he , then men in a times past excelling in power , and greedie of dignity and glory , did many times by plain force subdue unto themselves their neighbours the nations adjoyning , and compelled them to do them service , and to obey their commands , which commands , they decreed afterwards to be unto the people , very laws . cap. . the forme of institution of a politick kingdom is that where a king is mad , and ordained for the defence of the law of his subjects , and of their bodies and goods , whereunto he receiveth power of his people , for that he cannot govern his people by any other power . cap. . now , saith he , the king of england cannot alter or change the laws of his realm at his pleasure , for he governeth his people by power , not onely royall , but also politick . and accordingly wil. the conquerour ( to go no higher , in whose entrance to the crown dr. f. makes the first contrivement of his english government for conscience to rest upon ) seemes to me to have possest himself of this kingdom , who though he did conquer the same , yet the first claime or title that he laid to this crown was gift , which edward the consessor had made to him ; herauld the former king having promised the crown also to him . in this right he first set foot on the english shore , not in the right of a conquest , but in the right of a gift and promise , as speed , cambden and others affirm . and afterwards when he had obtained the crown , he swore to use and practise the same good laws of edward for the common laws of this realme ; notwithstanding saith mr fox , amongst the said lawes i find in ancient records , this was part , that the king because he is vicar of the highest king , is appointed to rule the kingdome , and the lords people , to defend the holy church ; which unlesse he do the name of a king agrees not to him , but he loseth the name of a king , &c. ly , as the king and conqueror came into the kingdome by this claim , so we finde , that in those times the consent and choice of the people was in use for the establishing of kings amongst them : for when william the first sent to herald to make good his promise , herald answered , that he was rightfull king , as being so by the consent and choyce of the people , as is reported in cambden in his britannia , thus : as concerning the promise of king edw. william is to understand , that the realme of england could not be given by promise , neither ought i to be tied to the said promise , seeing the kingdome is fallen to me by election , and not inheritance . and as for his own stipulation , he said , it was extorted from him by force ; neither he if he could , nor might if he would , make it good , seeing it was done without the consent of the people . yea , histories tell us , that when william the first had beaten herald in the field , the people still were in doubt whom they should chuse and setup for their king : for sayes culiel . malmsburiens edwin and morcard came to london and solicited the citie that they would preferre one of them to the kingdome ; and the rest of the nobles would have chosen edgar , if the bishops would have stuck to them : but the english , who then might have healed the ruines of the kingdome , whilest they would none of their owne , brought in a stranger . so that though william the first had gotten the field , yet was not he brought to the crown , but with the consent and choyce ( though much over-pow'red and over-awed ) of the people . so sayes speed expressely , consent thus gotten , & all voices given for william , he was crowned king at westminster . ly , as the crown in those dayes was obtained by the consent & choice of the people , so i say , that even william the conquerour did not come to the crown without all conditions : for the kentish men would not receive him but upon cōdition , which they proposed thus , most noble duke , behold here the commons of kent are come forth to meet and receive you as their soveraigne , requiring your peace , their own free condition or estate , and their ancient lawes formerly used . if these bee denied , they are here presently to abide the verdict of battell , fully resolved rather to die then to depart with their lawes , or to live servile in bondage , which name and nature is , and ever shall be strange unto us , and not to be exdured . the conquerour driven to these streights , and loath to hazard all on so nice a point , more wisely then willingly granted their desires , and pledges on both parts given for performance . so saith speed in his chronicles , so that it is plain , that even william the first came not to the full crown of england , without all conditions , and therefore our kings and princes pleading their right from him , cannot be kings and princes without all conditions . i know dr. f. tells us , that the kings oath imports no condition , but is taken for confirmation and strengthning of mutuall duties : whether that be true , let any judge who reads but these things . and indeed , if the kings of england were such absolute monarchs , as that no resistance might be made to their commandments for the taking up of arms for the defence of the country , when enjoyned by parliament , then the subjects and people of england must lose this power of selfe-defence : ( for they once had it all men by nature having a power to defend themselves ) either by conquest , as being by force spoyled thereof , or else they gave it away by some indenture at the election of the prince ( for inheritance is but succession of election inheritance or immediate donation from god , or else god hath forbidden this forcible resistance by scripture . if it bee said that this people are spoiled thereof by conquest , and are as a people meetly conquered , then any other sword that is longer then the princes , may fetch back that power again . if it be said that this people gave away this power by indenture at the first election of their prince , then let men shew us such indenture . if it be said , that god hath forbidden such a forcible resistance by rom. . , , . or the like scriptures , then it must be affirmed that the parliament are not the higher powers , which dr ferne granteth : for if the parliament come within the compasse of those words ( higher powers ) then that scripture rom. . doth not reach them , but rather requires others to be obedient to them ; yea , if by the higher powers is understood onely the king , then the two houses may not ▪ make any forcible resistance against any petty constable that comes in the k● authority to do violence to the two houses . surely therefore this and the like scriptures are much abused , the meaning being only to command obedience to authority in all things that tend to the encouragement of good , and punishment of evill ; and therefore there is such a power in the subjects , both by the law of nature , and constitution of the kingdome , to take up arms when the state or two houses expresse it ; not withstanding the expression of any one man to the contrary . chap. iii. having shewed the nature of power in generall , in the first chapter , & the way & manner of englands government in some measure in the second chapter , i now come to the vindication of the truth , as opposed by dr fern in his last book called conscience satisfied , wherein he spends the former chapters mostly in answer to a book called a fuller answer . in his . sect. he comes to examine such grounds as i premised for the lawfulnesse of parliamentary proceedings in taking up of arms as now they do . that i may not weary the reader in turning from book to book , i shall somtimes briefly set down what i had written , then his reply , then give my answer unto it . mr. bridge tels us , saith the doctor , that there are three grounds of their proceeding by armes : to fetch in delinquents to their triall , to secure the state from forrain invasion , to preserve themselves from popish rebellon . dr. ferne replyeth , yet this must be done in an orderly and legall way ; and if conscience would speake the truth , it could not say that any delinquents were denied , or withheld , till the militia was seized , and a great delinquent , in the matter of hull , was denied to be brought to triall at his majesties instance . ans. how true this is that the doctor writes the world knows i need not say : the parliament to this day never denied to try any that were accused by the king , so that they might be tried legally by himself and the two houses , which is the known priviledge of every parliament man according to law . dr. f. but mr. bridge tels us , all this is done as an act of self-preservation , not as an act of jurisdiction over their prince ; and the fuller answer would have us beleeve they are inabled to it by law ▪ and constitution of this government , and that they do it by an act of judgement : let him and mr. bridge agree it . ans. there needs no great skill to untie this knot , not mediator to make us friends , the parliament hath raised this army by an act of judgement and jurisdiction , not over their prince , but in regard of delinquents : so the same act may be a work of jurisdiction in regard of others , and yet an act of preservation in regard of our selves . the execution of any malefactor in an ordinary way of law is both preservation to the state , and a work of jurisdiction in regard of the offender , so here ; yet i do not say it is a work of jurisdiction over our prince , but in regard of delinquents that are about him . dr. f. mr. bridge gives us proofes for this way of self-preservation from the law of nature , it being naturall to a man , and so to a communitie to defend it self . and were this argument good , then might private men and the people without the parliament take up armes and resist , for self-preservation is naturall to them . ans. it follows not , because , though i say every thing may defend it self by nature , yet i say also it must do it modo suo & naturae suae convenienti ; we say that all creatures do defend themselves , and it is naturall so to do ; yet we do not therefore say that a beast defends himself in the same manner as a man doth , or a man as a beast , but in a way sutable to every nature . now if a private person be in danger to be oppressed by a prince , flying is more fit defence for him , and therefore saith our saviour , if they persecute thee in one city , flie to another : but if the state be wronged and oppressed , which is a publick grievance , then the state , and those that represent them are more fit to take up armes for its preservation . for nature in generall teacheth self-preservation ; nature specificated teacheth this or that preservation : now the nature of a communitie , and of a particular person are distinct , and therefore though i say a community is to defend it self because sui tutela is naturall to every thing ; yet i do not say , that a particular private person may ordinarily defend himself in that way which is most sutable to the communitie as the taking up of armes is , yet i suppose no moderate man will denie this that the subjects ( though ) not invested with authoritie have a power to keep out an enemie from landing incase of forrain invasion , yea though the kings officers should be negligent therein ; or so malitious and treacherous as to forbid them to defend themselves and their countrey . secondly , saith the doctor , he proves it by scriptures , chron. . . where the word of god saith expresly , that david went out against saul to battell , but he was sauls subject at that time ; a desperate undertaking to make people beleeve this is expresse scripture for subjects to go out to battell against their king . but he should have added what is expressed there , it was with the philistines that he went out , and that he helped them not ▪ for he did but make shew of tendring his service to acis● . ans. here i need give no other answer then repeat those words fully that he replyes to ( which were these ) which scripture i bring not to ▪ prove that a subject may take up armes against the king , but that the subjects may take up arms against those that are malignant about the kings person , notwithstanding the kings command to the contrary . for seeing that davids heart smote him formerly for cutting of the lap of sauls garment , and yet it is said in expresse words in this text that he went out against saul , its likely that his intentions were against those that were evill and wicked about him . then the doctor brings in another peece of my argument , not the whole reason or the sense of it , thus , be subject to the higher powers , rom. . but the parliament is the highest court of justice . pa. . to which he replies ( modo suo ) well assumed , and so it is , for is not the highest court of justice an higher power ; we grant ( faith the doctor ) there is a subjection due to them , and if he meant by the parliament the . estates concurring all manner of subjection is due unter them . it 's well he will acknowledge any subjection due to the parliament without the third estate . and if any subjection then they have some authority ; but none they can have , if not power to bring in the accused to be tried before them . and if they have power to bring in by force , then . then . then . which cannot be done without raising an army . then he undertakes , sayes the doctor , to shew out of scripture , that kings receive their power from the people , and hath the ill hap to light on saul , david and salomon for examples . ans. the doctor hath the ill hap alwayes to misse the argument which lay thus : if it be the duty of the king to looke to the safety of the kingdome , and that because he is trusted therewith by the common wealth ; then if the parliament be immediatly trusted by the common-wealth with the safety thereof as well as the king , though not so much , then are they to looke to it , and to use all means for the preservation thereof , as well as the king . but so it is , that the king is bound to look to the safety thereof , and that because he is intrusted therwith , as was saul , david and salomon , who came to their government by the consent and choice of the people . whereupon the doctor replies , he hath the ill hap to light on saul , david and salomon . but it seems the doctor had not the good hap to meet with these severall authors which affirme that even these kings , saul , david and salomon , were chosen by the people ▪ if he had read or minded them , he would not have imputed this as an ill hap unto me for to light on these examples , i will give him but the testimony of mendoza who though not of our judgement in this matter , yet ingeniously confesses , that with great probability authors do reason for a popular choise of saul , david , and salomon . whereas saith mendoza , it is objected , that samuel by anointing saul without any consent of the people , saying , the lord hath anointed thee king over his heritage , did thereby clearly shew , that the regall power was conferr'd upon saul not from the people , but from god , that is easily answered , that that vnction was not a signe of power already conferr'd , but to be conferr'd as may be proved by the anointing of david , whom samuel anointed , king. . . dureing sauls raigne , yea while he had many yeares to ra●gnt . wherby it appeares that david did not receive regall power by that unction , but by that which he had afterward by all the tribes & elders ; when coming to hebron they anointed david king over israel ; therfore that first unction was not the conferring the regal power , but only a signification of this latter unction , by which this kingly power was to be derived or conveyed : so also that first anointing of saul before the consent of the people , did not signifie the kingly power already conferred , but to be conferred upon him , to wit , when all being gathered together by samuel to mispah gave their consent , and cryed out , let the king live . he hath fou●d an example and proofe for thetrust of parliement in davids time , cro. . , . because david consults with the captaines and leaders which were officers ●ot of the king , but kingdome , but those were officers of the king and kingdome , meerly designed by him not the people , and called by h m to that trust , pag ▪ true i have found an example indeed in davids time for what i alledged : namely , that there were then certaine officers of the kingdome , not of the king onely , and though under him , yet were they with him trusted with the affaires of the kingdome . this also was the judgement of the protestant divines in france ( whose testimonie i shall relate afterwards ) of lumus , josephus , brutus , zepperus , sigonius , and many others . zepperus saith thus , that in saul , david and salomons time , & so before the captivity , the kingdom of israel was mixed with aristocracie , for it had a senate of . or great synedrim , which sate at jerusalem , whose iudges were called princes , who sitting by the king did dispatch the great affaires of the kingdome , unto whom was referred the choice of the king and high priest , and matters of war and other things greatly concerning the people . of this synedrion josephus saith , nihilagat rex sine senatorum sententia , yea , these senators were in such place with the king , that they were called his friends & brethren , chron. . . and though the dr. saies , those officers in davids time were designed by the king , not the people , yet if we look to the originall in the first of deut. . we ●inde that the people did first give them to moses before he did make them rulers , for v. . moses relating the first constitution of that government saith , i said unto you , give mee wise men , and understanding and known men among your tribes , and i will make them rulers over you : the english translation readeth , take y●e wise men , the hebrew is give yee us , as montanus hath it , & when they had given them to moses , he saith , v. . so i received them ( so is the hebrew ) he would not make any rulers over them , but such as he had first e c eived from them and they had given unto him and so though at the first it pleased god to appoint those rulers or councell of state called the sanedrym or synedrion ( whereupon mendosa saith , that they were equal to moses being appointed by god as moses was , numbers . , , . ) yet that was by and with the consent and choice of the people , not meerly by appointment of the king as our doctor would . car. sigo●ius will tell him out of the tolmodists and other divines , that he had search'd into , that this sinedrion or colledge of elders , did represent the scepter , that the scepter it selfe did depend on it , that none did judge the tribe and the scepter , but this house of judgement . to this purpose gerrara shewes that this synedrion was chosen of the chiefe men of israel , in whom was power of judging controversies , exercising of publique justice , yea of choosing and deposing kings ; and therefore of the talmodist , this councell was called the house of judgement , or the house of the scepter and publique authoritie . and zepperus with doctor biljon saith , this synedrion continued with that people of god unto the time of herod , iosep●us being witnes . i presse not so much as these authors speake of ; but whether there were not in those times of david officiari● regns , wich were not meerly designed by the king : and what inference i do make from thence let conscience judge . againe , whereas i argue from the being and nature of parliament , that if it hath not power to send for by force , those that are accused to be tryed before them , that should not be a court of justice ; seeing that even inferiour courts have a power to force those before them that are to be tryed : and if the parliament may send one sergeant at armes , then . then . then , &c. the doctor replies : therfore inferiour courts have a power to raise armes . ( answer ) this followes not ? for though i say every court hath power to force in the accused ; yet it must be in a way suitable : now this raising of armes is not suitable unto an inferiour court , but to the parliament being a more nationall and publike court then any other is . the dr. tells us indeed that other courts have their posse comitatus . so the parliament have their orders ▪ to fetch and force in the accused , which are established by law , aswell as his posse comitatus is : but saith the dr. i did not know before that all the parliament souldiers were sergeants at armes . answer , how doth hee catch at the word , and let the sence goe ; the sence , scope and drift of the argument , was to shew that as they might send forth one who by force should fetch in the accused ; by the same reason they might send forth ten , and by the same reason that they may send forth , ; they may send forth , so , so , so : the dr. puts off the argument with a jeere , because hee hath no list to meddle with the reason . in the page ▪ hee would enervate the testimonies of divines , which i brought to shew that all protestant divines were of our minde . let us see therefore what hee saith to them . and first he begins with the testimony of the germane divines ▪ and for that saith he : the testimony of the centuriste , speakes nothing to this purpose ; a short answer , soon and ●●sily given , but why nothing to our purpose , nay stay there , the dr. will keepe his reason to himselfe ; i set downe therefore the testimony againe , and let men judge whether it bee to the purpose . governours say they in such things as are repugnant to the law of god , have no power or 〈…〉 above other private men , and they themselves commanding that which is evill , have no power or immunitie above others ; yea , they themselves commanding that which is evill , are as much bound to feare the ordinance of god , bearing the ▪ word for the punishment of vice : for st. paul , rom. . saith that god dia instance and ordaine a power both of defending that which is good , and punishing that which is evill ; and hee commands that every soule , and so the governours themselves should bee subject ●o this ordinance of god if they would be defended by it , and not by their wicked deeds , makes themselves liable to punishment . of the french and low country divines , he brings no testimony ( saith the dr. ) but ( for proose ▪ tels us ne know their practice ; so i for answer may returne him his owne words ; we know what hath been the practice of those protestants , and so they are parties interessed not so fit to give in witnesse . an. very well if they be parties interessed , and so not fit to give in witnes , then they are of our judgment : observe reader here he granteth that the protestant churches , and the divines of france and the low-countries , are parties interessed , & so of our judgement ; what protestant churches or divines then will he alledge for his sentence . will hee have the diviner of switzerland ? i brought a testimony of the divines of the councell of basil , and that hee doth not contradict : are the divines of geneva of his mind ? i brought the testimony of calvin , that hee saith nothing to , but it passeth with him as granted by him . are the divines of scotland ? i brought him the testimony of mr. bucanan , that testimony also he doth not deny ; it may be that was but one , and so he would not take notice of it ; read therefore what mr. knox saith : because this occasion is layed against gods true ministers ; wee cannot but witnesse what trade and order of doctrine they have kept and keepe in that point ; they affirme that if wicked persons abusing the authority established by god , command things manifestly wicked , that such as may , and doe , bridle this inordinate appetite of princes , cannot bee accused as resistaries of authority , which is gods good ordinance , to bridle the fury and rage of princes in free kingdomes , and realmes . they affirme it appertaineth to nobility sworne and borne counsells of the same , and also to the barons and people , whose wills and consents are to bee required in all great matters of the common wealth : which if they doenst , they declare themselves criminall with their princes , and subject to the same vengeance of god . this was the doctrine and judgement of the divines in scotland , in the beginning of reformation , as related by mr. knox ; and what the judgement of the scots divines is for the present , seeing he will not take practise for testimony of judgement , he may read in their answer to lysimachus nicanour thus : as for the lawfullnesse of resistance hee may understand that that hath been the tenet of our church since the reformation , it hath beene the right and practise of our kingdomes , since the first foundation . a number of instances thereof are approved in our standing acts of parliament , unrepealed to this day ; it hath beene the practise of all reformed churches abroad , wherein by queen elizabeth , king james , and king charles , they have been all allowed : and the most of them allowed by powerfull assistance , both with men and money : to this purpose dr. rutherford also as i have shewed already , chap. . ropos , . but it may be the dr. will tell us that the scottish divines are also parties , and interessed in the cause . very good , wee shall shortly have a great party in the protestant churches for us and with us ; what divines then are against us in the doctors opinion ? are the divines of england ? he tels us also , page . yet doe some of them allow of resistance in some cases : good still ; by and by it will arise to somewhat , here is yet more of our party ( as the dr. calls them ) by his owne confession . as for the testimonies that i brought of dr. bilson and dr. willet , he saith that 's plaine they speake of such government , such states , such cases as will not agree to this kingdom at this time . but why not , the dr. will not tell us . if i tell him that peter martyr also professor of divinity in england , was of our judgement , as he may read plainely , ●udg . . hee will tell me , it may be , that peter martyr speakes not of this time , or of this case , or of this state : if i referre him to polanus , dan. . who writes largely in this matter with us , it may bee hee will tell us also that polanus speakes not to our case , to our time , or to our state : but if i referre him to barkley and hugo grocius who well knew the judgment of the low countrey divines . i suppose the dr. will not say those are parties : barcleus saith hugo grocius the most strong defender of regall empire , yet descends thus farre to yeeld unto the people , and the chiefe part of them a power to defend themselves against immane cruelty , when yet notwithstanding hee confesses that the people are subject unto the king : and as for ●ne saith hugo grocius , i dare not indiscriminatim condemne those or that part of the people which doe use this defence having respect unto the publike good : for david had many armed men about him ▪ that hee might repell violence offered unto him ; and at that time david was commended by a prudent woman , that hee sought the lords battell , which words many doe ill referre to davids former battels , where as abigails speech is rather a correction of what naball sayd . many subjects are now fallen from their king , which words that abigail might correct , shee saith the warres of david were godly , as being undertaken not out of defection from his prince , but for tuition and preservation of his owne life . but because the doctor seemes to want some testimonies of the french protestant divines ; i will give him one for all , and surely hee will not say the words are not spoken of such government , such states , such cases , or such times as ours are . this question being on foot in charles time : what is to be done by the subject when he is violenced by the magistrate ; or if the chiefe magistrate degenerate into a tyrant , may the subjects resist by force of arms . that was answered by one learned man , for , and in the defence of the protestants in those times , thus , subjects are of three sorts , either me●re private men , bearing no publike office , or else they are such as are in some inferiour and subordinate place of magistracie ; or else they are such as are so inferiour to the chiefe magistrate that by the laws of the land are appointed to bridle the chiefe : as for private men ( saith the author ) it is evill for them to resist with force of armes , either they must sly , or suffer : as for the second sort they not being the kings houshold servants , but rather to bee called officers of the crowne , depending not so much on the king as kingdome , the king abusing his power to the overthrow of lawes ; these inferiour magistrates ought to oppose , for the conservation of those who are committed unto their trust ; and if need bee to take up armes tilthings bee otherwise provided for by the estates of the kingdome . as for the third sort saith hee , though they in some respect are under the chiefe magistrate , yet in some respect they are keepers of the supreme dignity , that the chiefe magistrate may bee kept in his office ; these may if need require represse and chastise him , for the people is not made for the magistrate , but the magistrate for the people ; his power taking its rise from them . ob. but though this were the first rise of magistracie ▪ yet after the people have chosen their magistrate , they have resigned up their power to him . an. but the people never created or received their kings , but upon certain conditions , which being manifestly broken and not kept , those have power to abdicate , who have power to create ; and this has alwa●es been in use amongst all the most famous nations in the world ; the israeltes , lacedemonians , romanes , danes , swedes , scotch , polonians , and english . ob : but if a magistrate doe degenerate into a tyrant , as wee are not to be obedient to him , so neither are we to resist him . answ . that is onely understood of private men . object . but david spared saul though it were in his power to ●nth moff . an. that is no way contrary to the doctrine delivered for david had many armed men about him whose help ( if need had required ) he would without doubt have used against all , yet thus hee did , having respect rather to his owne defence , then his enemies offence . this testimony tells us what hath beene the practise of all nations : the testimony of the scots in their answer to lisimac●us nica●our , saith expresly that our doctrine is according to the judgment of all the reformea churches : and if these testimonies will not yet prevaile with the dr. i must leave him to his resolves , hee tells us that our homilies are against us , but let him produce any place out of the homilies where it is said that the two houses may not take up armes to bring armed delinquents to their tryall . indeed the homilies speake against subjects taking up of armes against their king , so doe not the parliament , but to defend themselves ▪ and to bring delinquents to tirall ; and therefore when the dr. or other bring forth testimonies of divines ancient , or late , to prove that subjects may not take up armes against their prince , they had as good say nothing , that is not to our case but let them prove by testimonies that it is not lawful for the parliament to take up arms to secure the kingdome , to bring accused persons to tryall , and to deliver the prince out of the hands of malignants , and then they say something to us , else it is but clamor , not reason . at last the doctor speakes somewhat of arbitrary government , p. . which is no way any answer to the reasons that were given by me , proving that his opinion raised the king to an arbitrary government , onely he sets down his further sentence about arbitrarines , eadem facilitate rejicitur qua affirmatur ; the rest of that section is either spent in naked assertions , or jearing expressions , or seeming answers to his other answerers . chap. . the dr. having spent some time upon his other answerres at the . pag. he is pleased to returne to me , where hee would prove that the people of israel did not by any forceable resistance rescue ionathan out of the hands of saul , which worke saies he , was but set off with a souldier like boldnes : let the doctor call this work what he please , saul the king had sworn that jonathan should dre , and the people sweare be should not dye and they being in arms did rescue ionathan saith the text . this rescue the doctor calls in his first booke , a living violence , and in his reply , a setting off the matter with a souldierly boldnes ( i hope the doctor will give us leave to use the like termes , if a prince swear the death of some parliamentary men , who deserve not to die but to be preferr'd , and the people rise up in arms and rescue their ionathans , saying , as we live they shall not die that have wrought this great deliverance for us , this is no resistance , it is but a loving violence , and a setting off the matter with a souldierly boldnes , why may not we call this so , aswell as the dr. that . but i appeale to all reason whether a rescue by men in arms , from those that have swornea mans death , be not forceable resistance . but say wee this is more then prayers and teares , which is th'only remedie allowed by the doctor , to which he replieth , the dr. had no where said , though mr. bridge makes him often say so , that prayers and teares is the only remedy left for subjects , but besides their cries to god , he allowes them intercessions , reproofes , denyall of subsidies and aides . i will not search into the doctors booke for every word , take what he granteth here , yet this souldierly boldnes of rescuing is more then prayers , teares , reproofes , or denialls of subsidies and aids , which is all the remedy that he affordeth as he confesseth now : yet the doctor is so full of this sentence still , that in the . pag. of this book , he saith , that the children of israel being under the oppression of their kings , had no remedie they had , was by crying to the lord ; and againe in the same page saith , all the remedie they had , was by crying to the lord ; so also in his first booke pag. . the people are let to understand , i sam. . ii. how they should be oppressed under kings , and have no remedy left them but crying to the lord . thus doe men forget themselves , and what they have said whilest they contend against truth . then the doctor comes downe to the example of david : and whereas it is urged by us that david did take up arms to defend himselfe from the violence of his prince saul , the dr. replies now as before , that davids example was extraordinary . well but when it is said that david having advantage of saul , did not lay hands upon him to cut him off as he might have done ; what if wee should say , that act of davids was extraordinary would not the doctor tell us that our answer was but ordinary : he tells us , pag. . of his reply , that conquest , one of the meanesiby whch godiranstates kingdomes , and that david being provoked by the king of ammon , brought tha people ●rder , sam. . and that the edomites were so brought under the dominion of judah : what if we should give this answer that these were extraordinary cases . would not the doctor take it for a poore shifting answer from us ; when we say any practice is extraordinary , we must also prove by circumstance , that there was an extraordinaries in the fact , or else acquies in it for our example : but be it so , that davids example was extraordinary , is not our case now extraordinary ? is englands case ordinary : hath it bin thus ordinarily , that arms have bin taken up against the parliament , and delinquents kept from legall tryall by force of armes ? has this bin for many yeares ? see how the doctor helps himselfe by this extraordinary answer . he tells us in his first book p. . that this work of david was a meer defence without all violence offered to saul ; and is not this ordinarily lawfull for subjects to doe so much ; the doctor grants it himselfe , p. . of his first book , that personall defence is lawfull against suddaine and illegall assaults of the prince himselfe , thus farre , toward his blowes , to hold his bands , &c. and the like ; but the doctor in his reply has thought of a new reason to prove davids example extraordinary , because else may private and singlemen do so too . answ : not so , david was not as every private man , hee was anointed of the lord one that fought the lords battells the great states-man in the kingdome ; with whom were joyned ionathan , and many other chief of the tribes therefore it followes not from david to every private man , but to the parlaiment rather , who though not anointed as king and as saul , yet with some anointment from the lord into the place of magistracy , especially being as the dr. confesseth , co-ordinate with the king in supremacy , so farre as concernes nomotheticks . i said before , if davids example were extraordinary , then hee had an extraordinary command for what he did ; if so , how doth the dr. say , there is no command or warrant in scripture for such a practice or kind of resistance . to which the dr. replieth , as if all extraordinary warrants , and instincts given to special persons , should be written in scripture . answ. so then this works of davids , which before was called by the dr. a meere defence is now come to be a matter of special instinct though acts done by speciall instinct , had not alwaies warrant from written scripture before they were done , yet being done and recorded in scripture , there is ground and written warrant for the lawfulnes of our actions , upon the like occasions . i did not say , why then doth the dr , say , there was no warrant in scripture for david , but why then doth the dr. say there is no warrant , or ground out of scripture now for us to doe what we doe ? though it might be instinct then , and without written scripture yet it may be written warrant now . then whereas that scripture is urged ( though not to take up armes against our king as the doctor suggests ) chron. . where it is said expresly , that david went out to battell against saul , the dr. replies desperate shifesthat thesemen are put to , when pretences and simulations , must bee scripture ground for conscience . it 's said before that david made shew ●f madnesse before king achish . mr. bridge might as well inferre ▪ therefore he was mad . answ. will any else besides this dr. make such an inference ? the scripture faith , totidem verbis that he went out to battell against saul that this was but a simulation is not said in scripture , but the scripture doth not say that david was mad , but that he fained himselfe so ; is there then the same reason of the one and the other ? the example of vzziah is next to be cleered : we find that the priests are commended for valiant men , because they thrust out k. vzziah from before the lord , chron. . to which instance the dr. saith , that uzziah the king was stricken with leprosie , and by the law the leper was to be put out of the congregation , and awell apart , which is not consistent with government , therefore it is said of the king ; he was a leper , and dwel● in a severall house , and jotham his sonne reigned in his stead , kin. . i shall ever give the dr. the full weight of his reason ; it seemes by this answer , that hee would have conscience beleeve that the king was discharged from his crowne ▪ by his leprosie , and ●p o●acto thereby dethroned . now see what dr. bilson saith directly contrary unto this doctor vzz ah , saith , he dwell a part in a house from others , because of his leprosie , but you d●e not find that he was deprived of his kingdome , jotham his sonne governed his house , and judged the people of the land , because the king might not be conversant amongst men ▪ by reason of his sicknesse , but the cronne still continued in the father though a leper , and jotham began not his reigne till his father was dead . whom the scripture calleth the king of juda , in the twenty yeere of his reigne , and last yeere of his life . thus dr. bilson ; and though our doctor can ( with what conscience i know not ) joine these words together thus , hee was a leper , and dwell in a severall , house , and jotham his sonne , reigned in his stead , king. . . as if all these words were one , and did touch one another in holy writ , yet in truth they are part of two severall verses , and two other verses comming betweene them , as in the . verse 't is said , the king dwelt in a severalt house , and jotham the kings son , was over the kings house , judging the people of the land , not reigning in his stead as the dr , reads it then at the and vertes , the scripture having spoken further of the king his deeds and death at the end of the seventh it is added , and jotham his son reigned in his stead , these words being annexed to his death as a consequent thereof ; and the dr. takes them and annexes them to the verse at the mentioning of his leprosie , as if upon his leprosie his sonne reigned , whereas 't is plaine he only governed and not reigned , untill his father died ; here i cannot but wonder , that the doctor should so boldly venture to lay violent hands upon scripture , that hee may lead mens consciences into his owne sentence : but i hope the consciences of those that feare god , will take notice of such dealing as this , and abhorre that sentence , that must be borne up with such practices ; he would perswade us also , that the priests here are said to bee valiant men , because of their home reproofe which they gave to the king or because of their withdrawing from him the holy things which hee was not to meddle with , but let him shew us any one place of scripture , where valour being joyned with an expression of force ( as here it is , it being said that they thrust him out ) doth only note faithfullnes in ones place , by giving reproofe or the like . at last the dr. comes to his owne arguments , and labours to recrute them ; and first he tels us that none might blow the trumpet for warre amongst the people of israel , but the supreme magistrate , and therefore the parliament may not take up arms or blow the trumpet for warre , as now they doe ; to this argument diverse answers unanswered have been given , yet hee is not satisfied but still replieth , and i wonder that he should , considering there is no such matter that i can find as hee alleadgeth in the . chap of numbers . t is true the lord speakes there unto moses , saying , verse , when yee sound an alarm ; and ver. . when you blow an alarm the second time , and verse . . when the congregation is to be gathered together , yee shall blow . and verse if yee goe to warre in your land , yee shall blow an alarm with your trumpets , but these words in the hebrew are all in the plurall number , shewing that the blowing of the trumper belonged aswell to the state and princes , of whom he spake ver. . it is not sayd that moses should use those trumpets exclusively hee and not they ; but rather hee joyned with them . secondly , he comes for his defence to that place of samuel ; i sam. . . where saith he , it appeares that the people had no remedy against their unjust kings , but their crying to the lord . mr. bridge answers saith he , samuel , tels them not what should be their duty , but what their punishment , the lord will not heare you , &c. it was indeed saith the doctor , their punishment , because all the remedy they had , which was by crying to the lord should not help them , which had not been such a punishment , if they had had means to help themselves by power of armes . here the dr. saith , that all the remedy this people had was by crying to the lord , which scripture he brings against our resistance to prove what is our duty and how farre it extends : yet page . of his reply , he will not owne such a speech as this , saying , the dr. had no where said , that prayers and teares , are all the subjects remedy . secondly it appeares plainely that this scripture i sam. . is not spoken of the kings right , what he might doe ; but of his fact what he would doe , for the king had no such right over his subjects as to take their childrens fields , and vineyards from them , for which ahab was so severly punishment , yet saith this text of sam. hee shali take your daughters fields , and vineyards , &c. neither can it be objected , that the word used in the hebrew is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies judicium , judgment , or , right seeing ; it also signifies consuetudo , order or manner , as it is well translated in the english , verse . thirdly , though it be said , ver. . then shall yee cry out in that day because of your king which yee shall have chosen , and the lord will not heare you on that day . yet it doth not follow that they had no other remedy but crying to the lord , that 's said in scripture that the people being oppressed with forraigne enemies should cry unto the lord in their distrcsse and because of their sinnes the lord threatens not to heare them , but bids them goe to their idols , and let them helpe them if they can ; doth it therefore follow that they might not detend themselves against forraigne enemies , no such matter : . whereas the doctor saith in this reply , it was no such judgement to cry and not be heard , if yet they had a power to defend themselves by taking up arme ; this answere is very strange from one that calls himselfe a divine : for suppose that god should say to his people , that had a power to take up armes against their forraigne ●nemies , that they should notwithstanding their power cry unto him , and hee would not heare them , nor deliver them from their oppressors ; was this no such judgement , because they might take up arms alas what will all our taking up of armes doe , either way if god will not heare our cryes and prayers . the doctor for his owne defence , and the defence of his cause sayd in his first booke , that if such a deferce as we now use were lawfull , it is a marveilous thing that so many prophetsreprehending the kings of israel and iudah for idolatry , cruely , and oppression , none should call upon the elders of the people for this resistance , page . to this i answered , see the pro elisha expressely calling on the elders to imprison the kings messenger , king● . . the doctor after he comes to himselfe out of a rayling and jeering fit replyes , what 〈…〉 elisha call upon those ●laers for , to impreson the messenger ? that 's more then the text will beare , unlesse to shut the doore against a man be to imprison him . ans. but the prophet elisha , not onely call'd upon them to shut the doore , but to hold them fast . shutting the doore indeed doth not note imprnonment , but shut the doore and hold him fast doth : for what is imprisonment , but arcta & violent a custodia , and these are the words of that text , shut to the doore and hold him fast at the doore . but it 's the doctors manner to take part of the text , and leave th'other part which makes against him ; so he dealeth by our answeares ; so hee dealeth by scriptures . at length the doctor having left me to visit my fellow answerers . as hee calls us for the space of three or foure leaves , he is pleased to returne againe to mee about . rom. and page . hee takes it unkindly that i will not stand to the english translation of the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , damnation , but rather translate it so , they that resist shall recoive to themselves judgement . to which i say , that i doe not deny but grant that the word may bee translated damnation : but seeing the word firstly signifies judgement , as piscator observes ; i would not have the dr. so peremptory , scaring people with the word damnation , when as more naturally the word may be rendered othervvise , i told him before what piscators reason is , for the translating of it judgement , he may read what musculus also sayd , and in him what many other divines , who speakes thus . it is doubtfull what iudgement the apostle speakes of here , whether the iudgement where with all the disobedient are punished by god himselfe , or that which is to be expected from the magistrates : the latter way those things that follow doe favour the former way those things that a●e precedent : but it matters not which way we understand it , neither doth any thing hinder but that we may expound it to both : when as both judgements both of god and magistrate are to be feared by those that are un●uly ; but the doctor gives as hee thinkes a good reason why it must needs be translated damnation , and so meant , because resistance there forbidden is a breach of the fifth cemmandement , which deserveth damnation . ans. what then we read rev. . that the church of thiatyra had broken the second commandement in her idolatry and superstition , yet she is threatned with an outward punishment , wisd. . . behold saith chr●●t , i will cast her into great tribulation , and kill ●er ch l●ren with death , yea the fift comman dement is strengthned with an outward promise , h●nour thy father and thy mother that thy daies may belong in the land , and therefore well may the breach thereof be threatned with an outward judgement . againe , saith the dector mr. bridge answeres that only active obedience to lawfull commands is there enjoyed , but passive under unlawfull commands : to which the doctor answereth , both say we , but not so origen : not so ierome , not so chrysost●me and divers others : and paraeus his reason is good , who observes , that according to the apostle , the denying of obedience is all one with resistance forbidden in this rom , for in one verse the apostle saith submit or he subject unto the higher powers ; in th next v hegives the reason , for he that resisteth , &c. so that resisting and not subjecting , or obeying is all one . it is no sinne not to obey unlawfull commandements , but the apostle makes it a sinne here to resist , and therefore the resistance forbidden doth not relate unlawfull commandements but if lawfull . but then the doctor tells us that if these words should be understood onely of active obedience to lawfull commands , and not of passive to unlawfull commands ; the apostle had given the romans but a lame instruction , page . and his reason for that speech followes at a distance , page . because then the romans should not have been sufficiently instructed how to answere the unlawfull commandements of princes , as also , there would have been a gap open to rebellion , for saith he , how easie would be the inference , therefore we may resist when they command unlawfully . answ. this is a strange worke to charge the apostle with lame instructions , in case that a passive obeidience should not bee here commanded , god doth not command every thing in every scripture , yet those scriptures wherein hee commandeth something and not all , are not lame instructions ; the first commandement commands the substance of worship ; the second the right meanes , the third the manner ; and the fourth the due time of worship ; yet the first is not lame because it doth not command ▪ what the second ; nor the second lame , because it doth not command , what the third ; nor the third lame because it doth not command what the fourth ; so here though god should command onely active , not passive obedience in this text , this instruction would not be lame ; but why should it be a lame instruction , the doctor tells us , the because the romans should not be susffciently directed how to answer the unlawfull commandements of princes ; yes surely , if god did here command them obedience to lawfulls , he should at once forbid them disobedience to unlawfulls : but saith the dr. then there will be a gap for rebllion , for how easily would men inferre , therefore we may resist in things unlawfull : i answer , the doctor takes this for granted , which is to be proved , that all forceable resistance is rebellion . . suppose that true which himselfe granteth , page . the first booke , that it 's lawfull to resist unlawfull commands , though not with forceable resistance . and if so , then why might not the romans as well say , this instruction you give us is lame , for you forbid resistance , and yet in some kinde resistance is lawfull a suffering resistance lawfull , and a forceable resistance unlawfull : and yet you have not in this . chap. given us any such distinction , so are we left in the darke , and your instruction lame . but good doctor let us take off our owne halvings , whilst we goe about to charge the apostle with lame instructions , in case he come not just up to our opinions . but to put an end to this matter concerning this text . i appeale to the doctor , whether he doth not thinke that these words ( higher powers ) v. . did not include the romane senate : i say when the apostle commands , let every soule be subject to the higher powers . did hee not command the christian romanes to bee subject to the romane senate ? we know that after this epistle was written to the romanes , as eusebius reports , the romane senate was not onely in being , but so potent and powerfull ▪ that when that was propounded to the senate , whether christ should be acknowledged as good , that was in the senates power to grant or refuse , and they refused . so estius also saith , that the governours of provinces were appointed by the senate , as well as by caesar , when ●eter wrote his epistle : so that still notwithstanding aesar , the romane senate was a high power , and the higher powers unto the people ; and if th y were the higher powers , who were to bee obeyed by this commandement of the apostles : then why doth the doctor bring this scripture to urge our higher powers , and senate to obey , especially when the doctor himselfe confesses . page that the two houses as distinct from the king , fall under the words , higher powers . at last in the . page the doctor comes to that place of peter , pet. . . submit your elves to every ordinance of man for the lords sake , whether to the king as supreme , or unto governours as those that are sent by him ; where after the dr. had a little strok'd himself on the head , and laboured to spit some filth on our faces , he comes to that testimony of calvin ( for that which hee sayes concerning dr. bilson is not much materiall ) who proves that the pronoune him relates to god and not the king : for the reason which i alleadged in my first booke ; now the dr. replies ▪ true , all are sent by god , but it is as true that the governours of the provinces were sent by the king , or the romane emperour . a● . the reader may observe how the dr. doth deale by the scripture againe , for he sets downe the words thus ; to the king as supreme , or the governours as those that are sent by him ; and thus indeed the word him ; must needs relate to the king , but conceales that part of the v. wherein the word god is exprest thus , submit your selfe to every ordinance of god : for the doctor knew , that if hee had set downe that part of the ver ▪ the reader would have perceived that the pronoune him should have related to god , and not to the king ; secondly , observe what he answers ; he tells us that the governours of the provinces were sent by the king or emperour ; that 's not the question now , but whom the pronoune him , doth relate , whether god or the king . and for this he gives no reason , not answeres calvins , and therefore i need adde no more : yet estius his reasons are very full , proving that the pronoune him , must relate god and not the king for sayes he , the apostle peter would move the people to obey the king and governours , which argument is full , because they were sent by god ; whereas if the pronoune him , should relate to the king , here were no motive . . because the apostle peter saith that they are sent by him for the punishment of evill doers , and the prayse of them that doe well , for which cause the wicked heathenish governours did not send the governours , it being known that they sent them for the punishment of those that were good , and for the prayse of those that were evill . and therefore the pronoune him , is to be carryed on god , and to have relation to god , not to the king in this place ; and therefore what the doctour brings from this place , to set the parliament at a greater under then god would have , is nothing worth . the rest of the chapter is spent with his other adversaries ; i having thus delivered the scripture ; from his objections , shall be the more briefe in answere to the after part of his discourse because the onely ground of conscience is gods word . chap. . in the tenth sect. of the doctors reply . i find little to hold us long ; i had told him in my former book that the parliamentary proceedings were an act of self-preservation , and used the similitude of a steeres man shewing that in case hee do not his duty , even the very passengers in time of a storme , for their owne preservation may looke to the matter , which doth not implye the unofficing of a steersman ; so in state , where the chiefe magistrate neglecteth his dutie , &c. the dr. replies pag. . that the prince is not as the steersman , but as he that stands above , and commands , to the starbord or larbord . this is to hang upon the word , and let goe the sence , for the reason holds to him that stands above , and commands as well as the steers-man , neither will common reason say ; that he is unofficed , because the passengers for the present desire or cause him to stand by , that they may looke unto their own safetie in the time of a storme . then he comes to prove that authoritie and magistracie , abstractively considered from the qualification or severall formes of government , is of divine institution . wherein we do all agree , onely i excepted against some of his media , that he used to prove it thus , by those words the powers that are ordained of god ; the doctor understands , the power it selfe of magistracie distinguish'd from the qualification thereof , and the designation of persons thereto , how then did he say , sect. . the higher power in paul is the same with the king , at supream in peter ; the dr. replies , the power of magistracie abstractively taken , may by these words be proved to be of god , though the higher powers here be understood concretively with connotation of the persons that beare the power , for they are here proposed as objects of our obedience which cannot be directed but upon power in some person , and here it is said , a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} existent &c. but how doth this prove either what the doctor would ; or answer me ? t is true , the words higher powers , note both as i have shewed already , both the authority , and persons in the authority . but then the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} i say , signifies ordered , and so to be translated , not ordained , for otherwise if the words higher powers note both the abstract and concreat , and this word be translated , ordained , then this scripture shall aswell prove the qualification and designation to be of god , as authority it self : which thing the doctor denies , and first brought this scripture to prove that magistracie is of god in opposition to qualifications and designations . some metaphisical notions about esse and existere , the dr. would find out in the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} but i passe them as never intended by the apostle . at last the doctor promiseth , or rather threatens to give me a visit : for so he saith , pag. . i must come home to master bridge , to make him understand the force of my inserence . i had said thus ; in like manner the doctor proves , that power it selfe is of god , because the magistrate is called the minister of god : slipping from the power it selfe , to the person designed , for the power it self is not called the minister of god ; whereupon the doctor saith , i must come home to master bridges , the major of n●●s the kings minister , therefore his power is from the king ; will master bridge reply no ? for the power it selfe is not the major , or called the minister of the king . thus whilst he comes home to mee he comes from his owne home and reason ; forgetting what he had said before , pag. . a lawfull prince , though commanding unlawfully , is still still the minister of god . so then it seems one may be the minister of god in that which is evill ; and 't is true a penall minister one may be a man may sin in afflicting another and yet he may be the minister of god to him that is afflicted , how therefore doth this argue , that because the magistrate is called the minister of god , that his authority is lawfull : and therefore whereas the doctor saith the major of n. is the kings minister , therefore his power is from the king ; will master bridge say no ? answ. hee will say there is not the same reason in regard of god and the king , for a man cannot be the kings minister in a bad action but he must receive power from him but he may be gods minister , i mean penally in an unlawfull action , which god never gave him right or power to doe . in the after lines of this page the doctor saies , that both the fuller answer , and master bridges , every where takes it for granted by me , that monarchy , aristocracie and democracie are equally the inventions of men ? answ. i doe indeed , and the truth of it may appeare from your owne words , p. , . of your first book as i have shewed already . lastly , saith the doctor , master bridges concludes that my proving of the governing power to be of god , but the qualification of it , and designation of the person to be of man , gaineth nothing against resistance , or deposing a prince that doth not discharge his trust : for still the people may say , we may alter the government , and depose the person , because hew as of our designing . doctor ferne , nothing so for of they resist , they usurpe authority , and invade the power that god hath given him , if they depose him , they quite take away that p wer which god , and not they placed in him , because he is still the minister of god . this seems to prove that people cannot depose their prince or alter the government that is set up amongst them ; but what is this to the reason that he pretends an answer to ? to which was thus : if the doctor grant that the qualification of the power is from man , and the designation of the person , then though the power it selfe be confessed of god by the doctor , yet his adversaries that are for the deposing of princes , ( if any such be ) may aswell plead a power to depose the person , or alter the government , aswell i say , as if the power it selfe was appointed , or set up by men . now the qualification and power of designation is granted by him to be of man : and therefore he helps himselfe nothing by proving that authority or magistracie in the abstract is of god . to take away this , he proves that the people cannot depose their prince , or alter the government ; i will not say a wild but surely a wide answer as ever came from a dr. d. the other part of this section is against others , who are sufficiently able to plead their own cause against this dr. in his . sect. p. . the doctor complaines that we have left the king nothing wee could take from him ; and this kind of speech is ordinary amongst some , who are so bold as to affirme ▪ that because we doe not make our selves slaves , we make our soveraigne no king . let him and them read what almaine saith , * a pol tic , saith he is not there o●e said to be regall because there is one above all that is greater then all the communitie , but because there is one above the rest who hath ●urisdictionover every particular man in that com●unitie ; neither were it fir , that there should ●e one such who were so superiour , unles he were indeviable as christ who is able to rule the communitie according to his own will , ●hen the poli ie shoul● be perfectly reg●l . and fortescut saith , poss● male ●g repotestarem potius m●ni it quam augment it we doe not say that god is lesse powerfull because h cannot sin ; nothing is more truly regall then to keep ones will within the bounds of good lawes . it is some miserie not to ave all which you would . it is more miserie to will what you may not ; it is most miserie to have a power to doe what you see will . but if you d●not . saith the doctor re-assume power from the prince , what means the d fference you make of things disposed of by trust , from things disposed of by donation , because they may be recalled , these may not , so you say , pag. . i said not so , but that there is a difference between things disposed by way of donation or sale and things disposed of by way of trust : things disposed of by way of sale or donation are not in our power to recall , things disposed of by way of trust are in our power to look to when the trust is neglected : i would this doctor would but doe us the favour as to alledge our words rightly . the . and . of his book , are spent in proving assertions of the same things that he had sayd before onely pag. . he confesseth it is likely that kings were at first by election , which acknowledgement we receive : but how doth this agree with what he had said before sect. . pag. , where he had said , that election was a defection from that government that god set up at the first ; in the . pag. he commeth to the matter of the kings covenant and oath , which ( saith the doctor ) is no condition on which the kings of this land are admitted to the crown , but a confirmation and strengthening of their mutuall duties by oaths and promises , as it was with the kings of israel . the nature of this oath we must leave unto the parliament and lawyers , who better know then we how it is taken , and on what termes , only thus much i read in speeds cronicle , that the kencish men would not admit william the conqueror to the crowne , but upon condition as i have shewed before ; and if the taking of the oath were only for confirmation carrying no condition with it , why should it be taken at the first comming unto the crowne , and not rather afterwards . what else remaines in that section is so easie , that the dimmest eye that hath conscience in it , may see thorough , for who knows not , that it is a greater evill for a comittee to be wronged by a particular person , then for a particular person to be wronged by a comittee . bonum quo communius eo melius , malum quo communius eo pejus . and why doth not nature teach , that a prince who is married unto his people , is to be faithfull to them as well as that the husband is to be faithfull unto his wife , and therefore that conditions are implyed , though not exprest between the king and his subject , aswell as between a man and his wife ; and so i passe from that section to the doctors two last . chap. . whereas the dr. had said , we sharpen many of our weapons at the philistims forge , and i had shewed the difference between us and papists in this cause . he replieth , difference there must needs be between you and papists in this particular , for they challenge such a power from the pope ; you from the people . very well and is not here a vast difference , the papists say the pope may despose princes , we say in case that prince doth not performe his trust , the people may look to their owne safetie . dr. fern , but we see your party making use of those examples which the papists being for deposing of kings , as of saul , uzziah , and athaliah . the papists bring these examples of vzziah , atholiah , &c. to shew that the high ●riests did , and so the pope now may depose princes , proving that the pope is above princes . wee say with chrisostome and others , that every soul , even priests as they and you call them , are to be subject to higher powers , that that lyes in the powre of no priest to despose princes . . is this to whet our sythe at the philistims forge , to use the same scripture for one purpose , which the philistims doe for another : the papists use that scripture , tibi dabo claves . thou art peter , and on this rock i will build my church , to prove the popes supremacie ; the reformed churches use the same scripture to prove that the power of the keyes is penes ecclesiam , given to the whole church , and not unto a peter onely : do all the reformed churches therefore whet their weapons at the philistims forge , or are they therefore popish because they use the same scripture to other purposes : so here . put you will give the prince leave , saith the doctor to change his religion , so will the papists , if al● his subjects may have free liberty for their religion . not so but he turning heretick , as the papists phrase it , is to be excommunicated and so deposed . dr. fern , but in case he endeavour to force the contrary religion upon his subjects , for that must be supposed how then will your allegeance bold ? very well and yet not whet our ●ythes at the philistims forge for they say that a prince apostatising , is to be excommunicated and so deposed , as you shall presently see : we say that princes are not to be deposed for altering their religion , yea though they should be excommunicated , for the crown is not intailed upon religion . . they deprive princes , we only defend our selves . . they deprive by the popes authoritie we defend our selves by the highest civill authority of the land . againe , whereas i said the papists hold it lawfull to kill a prince and that a private man invested with the popes authority may doe it , we abhorre it ; the doctor replieth , that is their new forge under ground , set up of late by jesuites , i did not meane you sharpened your weapons there , but at the old forge , and however you say you abhorre this doctrine of killing kings , yet i feare and tremble , to thinke , if your soveraigne had fallen in battell by the edge of your swo●d , or sh●t of your artillery , you would have found him guilty of his owne death , in that he would not ( being desired ) forbeare to goe downe himselfe into battell . . 't is well the dr. will excuse us from jesuitisme in this particular , and well he may in all things else , especially here where he knowes there is so much correspondency between his own opinion and the jesuites who ( for the most part of them ) hold , that as all fcclesiasticall power is given to peter , and so to the pope and bishops , not to the church so that all civill power is given immediately to the king , and not to the common-wealth , but only as derived from him ; and therefore well may the doctor excuse us from whetting our swords at the new forge of the jesuites , that being a forge which he reserves to whet his owne weapons at . . neither doe we whet our weapons at the old forge , for i suppose the doctor will say , that aquinas his forge , is of the oldest frame , and he speaketh directly contrary to us , thus , as soon as ever any is denounced excommunicate for apostacie from the faith , his subjects are ipso facto , absolved from his dominion , and the oath of allegeance , whereby they were bound to him . . we say , if a shot of our artillery had fallen on the king ( whereas you say we would have found him guilty of his own death , ) we say , we would have found you ▪ and such as you are guilty thereof , that put him on such designes ; as if a man make a fire to preserve himselfe and his family , and another comes and thrusts a third man into it , we will not fault him that made the fire to preserve his family , but him that thrust the man into it ; but in this matter doctor you have answered your selfe , for you told us in your former treatise , that it is lawfull for subjects to ward their princes blowes , to hold his hands , and the like pag. . now if the prince raise an army against his subjects , how can his blowes be warded , but by an army , and if his army discharge their ordnance and musquets upon his subjects , how can his subjects ward them blowes , but by discharging likewise . and then answer your selfe : what if a shot of artillery should fall upon your prince : but saith the doctor , if you back againe will gather strength for your assertions from the papists reasons , be as like as you will to one another , &c. an. who are most like to the papists you , or wee , i referre you to all that knowes us . see the canterburian self-conviction . and if we may not gather strength of reason from popish authors to dispute against them ; why do either you or we reade them . reason is good where ever we finde it ; neither would abraham refuse the use of the well because ahimilechs men had used it , no more will we refuse good reason , because the papists have used it ; they using it rather from us , and not we from them , and yet in this matter ( as i have shewed ) we doe differ much from them . but you prove a power in the body politick , saith the doctor , to disburthen it selfe ( at the church hath ) of evill members , as papists doe . an. but not as the papists : for we onely presse a necessity of power in the body , to defend and save it selfe from the injury of princes ; they plead for a power in the church , ( & who that church is you know ) to depose princes ; but then saith the drs. hath this church a power of excōmunication still ; so it should be indeed , but since the act which tooke away the high commission ; and ( as the party you plead for would have it interpreted ) all ecclesiasticall censure too , where doth the exercise of that power rest , upon , whom now is the argument turned ? page . an. surely upon your selfe , for there is no church of christ , but whil'st it remaines a church hath a power left in it ( though the exercise may be long suspended ) to see to it selfe , and its owne preservation , i say a power from christ to excommunicate , though it should bee denied from men ; and it seemes a strange thing to mee , that the churches of england have no power left , because the high commission is downe , as if that court were set up by christ himselfe . the body naturall hath power to disburthen it selfe saith the doctor , so hath the common-wealth too ; but will you have the naturall body disburthen it selfe of the head , or worke without it . an. neither doe we goe about to cut off our head , but say in the generall ; if the head should bee distempered through ill vapours that arise from inferiour parts , so that it cannot discharge its office , it 's lawfull for those that are in place , to give physick to the body , that even the very head it selfe may be the more healthfull . and whereas i had shewne , that there is not the same reason , that the people should re-assume their trust in case the parliament be negligent ; as there is , that in case a prince neglect his trust , the parliament and people should see to it , the doctor replies , but if by ordinances thence issuing , they bee spoyled of their property and liberty , which is supposed in the case they will quickly feele it so . an. this is but an infinuation of a grosse scandall , no reason : onely the doctor argues p . will not the people as easily conclude , they may free themselves from the trust given to those parliament men , chosen by them , as renounce ( according to your lessons ) their trust given to their prince : in all reason they will hold their representatives more accountable to them then their prince can be . an. this is a scandalous charge to say that we lessen men to renounce their trust given to their prince , whereas wee onely say ; the people have a power to defend themselves , and when cause requires to excite , and actuacte that power which was alwayes residing in them , and never given from them . secondly , how can the people as easily renounce their trust given to the parliament , when the people themselves conclude and say , that what is done by the parliament is law ; which they doe not say , as concerning the prince , but rather know that for law he is directed by them ; but saith the doctor this is to make them arbitrary , and to lead the people after them by animplicite faith . an. the doctor is much against the implicite faith of the people , both in this ▪ and his former booke : it were well that men of his strayne had been so much against implicite faith in the matters of the church , where it is more dangerous , where they were not , witnesse the &c. as now they are against the implicit faith in the common-wealth , where it is of lesse danger . againe , why will this make the parliament arbitrary , or cast the people into an implicite faith ? it 's granted by all that the king and both houses may enact lawes , whereby the people are to be ruled , beleeving that those lawes are best for the common-wealth ; doth this make the government of king and parliament arbitrary , or rayse the people to an implicite faith ? no more doth it here . an arbitrary government is where a king may rule pro a●bitrio , as a father in his family , which power the doctor doth give unto the king by his paternall right , sect. . and so indeed there is roome for an implicite faith , for that children have most of all an implicit faith in that which their fathers say . finally master b. endeavours to shew ( saith dr. ferne ) how they can answere the oath of supremacy , an● the protestation , by taking of armes ; but who knowes not ( saith the docto● ) if that party of brownists , and anabaptists , which are now so prevalent in the armes taken up against the king , should get the upper hand , what would become of the kings supremacy and government ? an. here is a loud cry against brownists and anabaptists , but who are brownists ? not all those that are against prelates , and not for the english common prayer book ; for then all the reformed churches are brownists . and as for anabaptists , i wish it may bee considered , whether they doe not take some footing for their opinion from the common prayer booke : they deny baptisme to infants , upon this ground , because actuall faith and repentance is pre-required to baptisme ; and doth not the common prayer book seeme to acknowledge as much , when as before baptisme , the witnesses in name of the infant must answer to these questions , dost thou beleeve ? dost thou renounce the divell and all his workes ? i must nakedly professe my judgement against that opinion , yet were it not good , that the very common prayer booke should come under consideration upon this and other reasons . secondly , if men were so much for protestant religion , and against papists , as is here pretended , they would never be more afraid of brownists , and anabaptists , then of papists ; seeing they are of the protestant religion , and differ not from us in fundamentalls , as the papists doe . thirdly , suppose that that army should prevaile , wherein there are brownists , & anabaptists , as you say , yet is there not so much danger that they should prevaile to mislead the parliament , who are three or foure hundred ; as that papists , should prevaile to mislead one . fourthly , though there should be anabaptists , and brownists in the army , yet they doe not sight against the kings supremacy and his government as the papists do against the protestant religion , and being of parliaments , whose powder treason is famous ▪ or rather infamous to all generations . at last the dr. tells us concerning supremacy , that the king is supreme , not so much in opposition to particular persons , as in relation to the whole body politique , of which he is head . we say the king is supreme and head of kingdome severally and joyntly considered , dr. ferne indeed tels us , that the two houses of parliament are in a sort co-ordinate with his majestie , to some act or exercise of the supreme power , that is to making laws , by yeelding their consent . and if they bee co-ordinate in that act of supremacy , paraeus and others will tell him that the nomothetick part of supremacy is the highest . we acknowledge the king our supreme to defend us ; but not to defend our selves where cause requires , gives a supra-supremacy unto him . what else remaines in this sectionis either matter of words and bare denyall to what hath been said or answered to his other answerers . in the next section ▪ page ▪ the dr. saith , mr. b. enters upon a loose discourse against episcopall government , i reserve him for his better instruction to a booke entituled episcopacy asserted . ans. no other loose discourse then what his loose treatise lead mee into ; and for the drs better instruction i refer him to mr. baynes his diocesan , mr. parkers ecclesiasticall politieor altare damascenum . and whereas i said , now the dr. shewes himself , he had rather the kingdom should be imbrued in a bloody warre , then episcopacy should down , because he had said in his treatise page . that the king has reason by power of armes , to divert the abolishing of episcopall government . the dr. answers nay , mr. bridge , you and your party in arms show your selves what spirit you are of , who will have this land imbroyl'd in a bloody warre , rather then episcopacy shall not down . not so doctor , there is not the same reason , why you should retort these words upon us , for i had no where said , the parliament hath reason by power of arms , to divert the evill of that government ; yea i am so farre from it , that i professe freely that if the king and parliament would establish that government still to be continued , that the people is not bound to rise up in arms , to root it out , though i judge it evill : yea if any man be of that opinion i think he is to be suffered to live , enjoying himselfe and his estate here . then pag. . the dr. saith to that of sauls speare restored ; mr. bridge replies , though restored before demanded , yet not before saul had humbled himselfe to david saying , i have sinned , &c. we know , saies he , what you looke for , his majestie hath not bin ashamed to doe it with great condiscention . an : 't is possible a king may faile for not humbling himselfe before his subjects , chron. . . . and zedekiah did that which was evill in the sight of the lord his god , and humbled not himselfe before jeremiah the prophet . and though his majestie had yeelded and humbled himselfe yet lower , he would be no loser thereby , we know what the old counsellors said , chron. . . if thou be kind to this people , and please them , and speake good words to them , they will be thy servants for ever . finally ▪ whereas i had shewed that ziba , and those that resorted to david in his distresse , were not of another religion , and by law to bee disarmed , as the papists now are ; who have entertainment in his majesties army : the doctor answers , though by law papists are not to have arms at their dispose , yet are they not quit of the duty and service of subjects . they owe no more duty to king but according to law , and by law they are to bee all disarmed ; wherefore good dr. maintaine this illegall way no longer , give glory to god , and say you are convinced of this truth ; which indeed you cannot but be ; if you doe not shut your owne eyes : for you told us in your former treatise , that subjects may lawfully for their owne defence , hold the kings hands , and how so , ( if he raise an army ) but by an army . neither can you be so weake as to thinke that the great senate of the kingdome , that all the commons , gentlemen , and nobles , should be so at the mercy of every meane person , invested with the kings authority , that if a petty constable , or other inferiour officer doe offer violence unto them , that it shall not bee in their power to make a forcible resistance , because they are clothed with the kings authority : good sir , in the feare of god , make your humble addresses to his majestie , and petition him to return to those that are faithfull to him : the worst that he can lose , you know ( if you pretend rightly ) is but a piece of prerogative , or some exercise thereof for the present ; why should so good a land as this be imbrued in blood for such a cause warre , being the worst of all evills , and therefore not to be undertaken but to prevent gravissimum malum . and is the losse of some part of the prerogative or exercise thereof for the present such ; i beleeve you cannot say so : wherefore labour , labour you to take off those exasperations that are amongst men with you ; and doe not still put your unguem in ulcere ut recrudesoat dolor . tell the people amongst whom you are of that sinfull way wherein they now are so shall you liberare animam tuam . but if you will not it may bee those words which you read in ezech. . . will lie hard on your conscience another day . now the god of all peace ▪ give us peace , but truth with peace , in christ jesus . amen . finis . notes, typically marginal, from the original text notes for div a e- foelix necessitas quae ad mel●ora ducit . vetustatem si spectes est antiquissima , si dignttat● mest honoratissima , si jurisdictionem ●st copiosissima . quo modo fidem praestabunt autboritat● qu● deo sunt persidi . cons. sa●●ff . pa. . qui gloriatur in viribus corports gloriatur in viribus carcer● . nos autem rerum magis quam verborum amatores sumus ●tilia potius quam plausibilia sectamur , & in his scrip is non lenocinia esse volumus , led remedia . salv. epist. ad solon . to the end that the abbat might have an happy beginning of this work from some luckie manner of presage , he solemnly appointed the day of st. perpetua and of st. felicitie , in which he would lay the first foundation cambd. britan ▪ lincolnshire . notes for div a e- a nemo it a amens est ut bellum quam pacem malit : nam in pace filii patres , in bello patres filios sepeliunt . herod . b multi sunt praedicatores aestuantes & tumultuantes , artibus qui ut dixerint omnia facta velint , non tam volentes audiri quia verbum dei dicunt , quam quia ipsi sunt verbi doctores , organum magis quam sonum commendari petentes horum portio , qui meditatis & conceptis à se verbis permittunt sibi ipfis nunc bos nunc illos pungere & mordere , & statim convertere , ubi fit miro deiconsilio , ut nihil minus impleant quam quod cogitaverunt . sentit enim naturaliter anima bominis verbum arte super se compositum esse , & stercore humano ut apud ezek. est opertum , id est , humano affectu pollutum ; ideonauseat super illo & potius irritatur quam convertitur . luther . c potestas in genere est facultas quae dam propinqua ad exercendum aliquam operationem in aliquo supposito , ut domificator babet potestatem domificandi , id est facultatem qua in propinquo potest exire in talem operationem . alman . depotest eccl. & laic q. . apud gerson . d vbi non sine gravi ●onfilio apostolus abstractivalocutione uti voluit , ut ostenderet subditos non debere ad personas imperantium respicere , sed adipsorum officium quo divinitus sunt instructi . ger. de mag. polit. cap. . e in epist. ad rom. regem ettam definit prope ad dialecticā subtilitatem esse enim ait ministrum cui gladius traditus est ut malos puntat , ac bonos foveat & sublevet . buchan de jure regni apud scotos . magistratus in abstracto ex loco apostolico , rom . sic dosmire potest , est potestas à deo ordinata , gla●io armata ut sit custos divinae legis & aliarum honest arum constitutionum ad conservand . pacem in genere humano , & re●pub . salutem obtinendam , ger. de pol. mag conclus gen. f dominium jurisdictionis est potestas gubernandi subdiios suos cujus actus sunt praecipere vetare , judicare , punire , pr●miare . dominum oroprie●atis jus disponendi de r● aliqua in suum com●●●dum . medina de jure & justitia . g potestas secularis vel laica , est potestas à populo vel successione haere atarea , vel ex electione alt●ui , vel alicubus traaita regulanter ad aedificationem comm●nitatis quantum adres civiles , secundum leges civiles pro constitutione habitationis pacifi●ae . alman . ibid. h potestas secularis sive lai●aest a deo quantum ad debitum , sed frequenter non est a deo quantum ad acquisitionem vel usum nam secundum dictamen rectum debitum est taiemesse potestatem naturaliter enim iudicant bomines quod oportet eos subdi alicui qui eis judicium & ju● a●ministres , exordinationem enim ●incitum est nobis tale judicium naturaleut consormiter adipsum veniamus , & boca deo , sed non est a deo regula●iter ad istum sensum quod alicui deus communi●aret istam jurisdictionem laicam , &c. durand . lib. de origine juris . i ioh. brut. q. . bucher . lib. . p. . althusius polit. cap. . henomius polit. dis. . . isod . lib. . origen cont. celsum . cap. . aristot . polit. lib. . c. . plato de rep. cap. . livi lib . aeneus silvius de gestis concil. basil . vide rutherford in his plea for presbytery , chap. . pag. . k vulgare est atque indubtratum fidei axioma deum & naturam prius atque immediat us ad totam suppositum quam ad aliquam partem suppositi quamvis nobilissimam intendere ; eum que ob causam faccultatem videndi datum esse bomini ut per oculum tanquam per organum & ministrum hominis exerceretur ; namoculus per & propter hominem exist it . facultas parifiensis de pol. eccles ▪ et istudetiam deduci potest ex thom aquin. . ● . q ▪ . omnis enim pars ordinatur ad totum , cujus est pars vel imperfectum ad perfectnm , & sisalutitotius corporis expediat abscissio alicujus membri puta quia est putridum aut ceterorum infectivum in toto corpore residet potestatem illud perscmdendi . quid ergo quelibet persona comparetur ad totam communitatem sicut pars ad totum , ideo si aliquis sit pernitiosus in communitate laudabiliter a communitate interimitur . almain . de authorit . ecclef . apud gers. cap. . l auferendo potestatem ad faciendum externum supponit ad faciendum naturalem nam qui potestarem solam excipit ad regem ex peregrina natione constituendum plane illam supponit ad constituendum expropria . mendoza in sam. . . . m et sic ●angitur prima differentia inter has duas potestates quia ecclesiastica estimmediate a ob ▪ sto instituente , sed laua quamvis sit a d●o ex ordinatione quantum ad debitum nu●qu●m tamene● . a leo regula●iter & immediate instituendum . almain . de potest . ecccles . & laic cap. . n vocatur human a ordinatio non respectuprime originis & principalis causae efficient is , sed respectu cause instrumentalis , quia per bominem sapius constituitur magistratus ut oecumenum in commeut . humanam {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} opponit per {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} quod constitutus & positus sit magistratus ab hominibus deo tamen sic innuente & sanctiente gererd loc. com . fol. . o quil apertius neque enim videtur aliter eum regem fa●ere potuisse quam ei regiam potestatem conferendo . mendoza sam. . p vbielectio regis deo constitutio susceptio velcomprobatio populi suffragiis tribuitur . zeppeperus leg. mosaic . forens explan ▪ lib. . cap . q qnod autem adcreationemipertinet creatus est primum s●ffragiis populi universi ▪ &c. car. scr. de rep hebr l. . c. . r ergo illa authorit as est perprius in communitate quia nemo alteridet quod non habet . 〈…〉 ſ ante discensum in egyptum in quo hebraei non ren publicam sed samiliam constituebat ; nam ( ut ari●t ) non nisi ex multis samiliis coales●it respub ▪ tune autem una erat abrah●e domus , in quam successit isaac , & in bane domus jacob , & quamvis in tempore jacob : post connub●a plures ●am familtae darentur , quarum omnium gubernatio non potuit esse oeconomica , ta●en non e●ant it a m●ltae u● politicum rempublicum ▪ conflarent , sed medtant quandam commitatem quam vitalem seu collectaneam appellant . mendoza tom. annot. . proem. sect. . t quia ut hec sideribus , it a illa regibus fulgurant . . sect proem . u quaedam namque potest as est quae ortum babet ex solo jure naturali , quae de causa potestas naturalis dicitur talis est potestas patris in filios & in alios descendentes alia vero est quae ortum babet ex bominum voluntatibus se illi subjicere voluntium & idcirco civilis potest as dicitur-molina de jure & just . disp. . tract. . ex succedentium line● in qua paucissimos invenies primogenitos succedentes parentibus , qua e abulensis aperte satetur se retractare communem sententiam quam ipse aliquande sequutus fuisset , & jam tunc asserere successionem in regnum aut principatum nunquam fuisse ●lligatum ●ut debitum primogenitis , & confirmat ex to quod paralip . . . primogenita ruben data fuere josept , fili●s & tamen juda regnabat . pineda derebus salomonis , lib. . cap. . ipsonatur● jure omnes aequaltter filios patri succedere do●uit . arist ethick . decreto item & voluntate divina indiscriminatim salomonis posteritati pollicetar . dem regnum sed ub●plures erunt filii ad solum parentis voluntatem spectasse videntur . abulensis addit posteriorum regum tempore invalescente consuetudinem b●reditarium regni jus ad primogenitos devolutum esse ; ego vero perpetuum fuisse existimo ut regni successor expar●utis a rbitrto & voluntate penderet ut ex serie regum patet . pineda lib. . de rebus salomonis cap . . . a ceterum cum deforma reipub. quaritur nibil aliud quaeritur nisi penes quem principatum summa rerum fuerit constituta ; hae● vero apud haebreos primum penes optimates posita fuit deinde penes reges quorum principatum illum aristacr●cian , hoc regnum greci vocarunt , aristocratia suit sub mose , iosua , ●●●ioribus & indicibus , reg●um sub reg●bus de aristo●ratia 〈…〉 non facietis , &c. car. sigon . li ▪ . ca. . effectus non exce●●t virtutem causae suae . a homines quondam potentia per pollentes , avidi dignitatis & gloria vicinas s●pe gentes sibt v●●ibus subjugarunt ac ipsis servire obtemperare quoque jussionibus suis compulerunt quas jussiones ex tunc leges hominibus illis esse ipsi sanctierunt . fortes . de laudibus legum angl. ca. . ad tutelam namque legis subditarum & corum corpus & bonorum rex homini erectus est , & ad hanc potestatem a populo esluxam ipse haec , quo einon li●et potestatë alia suo populo dominari . c. . princtpatum namque nedum regali sed & politica , ipse suo populo dominatur . c. . fox act. monum. of will . conqueror . ex lib. regum antiquorum in pretorio londinensi . mr. fox act. moxum . ibid. nam precedentibus diebus edwinus & morcardus apud london audito interritus haroldi nuntio urbanos solicitaverunt ut alterutrum in regnum subl●varent , caeteriproceres edg irum eligerent si episcopos hererent , sed angliqui in unam coeunies sententiam pot●issent patrie reso mare ruinam dum nullum ex●suis volebant ● d●xerunt alienū . gui malms . ●e wil primo , lib. pag . speed chron. of will. the conquerour . answ . quod si objicias samuilem ungendo , sa le a absque ullo populi consensu ▪ acdicendo ecce unxit te dominus super heareditatem suam i● principem , reg , . n , manifeste indicasse regiam potestatem sauli collatam , non á populo , sed á deo immediate profecta● esse ; facile responder i potest , illam unctionem non fuisse signum potestatis collatae sed confe●endae , ut probari potest ex unctione davidis 〈…〉 ● samuel unxit , reg . n. . ●●guante adhue saule , im●multis post annis regnatu●o . vnde per eam vnctionem non accepi david regiam potestatem , led per ●●m qu● postea sacta est ab universis tribabus , et ●enio●ib●s , quando venientes in hebron un●e●unt david in regem super israel reg. . . . q●a●e illa prior unctio non fuit colla io regiae potestatis , sed tanti●m significatio qu edam hujus posteriotis unct●oni●● per qua● confe●end● erat illa regia potesta●● sic ig●tur et prima illa saulis unctio ante populi consensum , non significav●t regiam potestatem collatam , sed confercudam , quando 〈…〉 quin s populus a samue●e congregatus in m●●pah , 〈…〉 praebuit consensum , & ●lamavit vivat 〈…〉 ita possunt p●o hac pa●te ●jus auctores non pa●um prob●biliter argumenta●● , mendoza in reg. cap. , num . pag. ● . answ . hujus autem temporis respub. monarchica fuit , aristocratia tamen perm xta , et accellit ali quid etiam democraticum , habuit enim senatum septuagint , cujus judices pat●ien et principes vocantur ; regi assidegtes summum regni , judicium conficiebant , ad quod di●●iciliores ●ausae ▪ regis & pontifiers elect●o , beili gerendi consultatio , al●a que totum populi corp s concernentia refer . ●ban . tur . de hoe synedrio josephus nihil agat ex sine senatorum sententia fuerunt ●ue hi eo apnd reges loco , ut fiatres eos suos dicerent zepperus mosaie . fo●en . expla. l. ● . cap. . dedit illis deus seniores . q●i per omma ill ▪ equales forent , ut patet numb. . . etin ipsis s●eptrum ipsum pen ▪ debat , nemo autem dijudicat tribum sceptrum , &c nisi domus judicii , ca● . s●r●t . ●iv . . cap. . penes quos erat summa potestas judicandi controversa , & exer●●ndi judicia publici , quin & reges elegendi , et deponendi , unde a talmodistis vocatur domus judicii magna , vel collegium sceptri & publici po●estatis , gerardde eccles-pol . hoe seniorum synedrian perpetuum suit in populo dei , usque ad herodem teste josepho zepper lib. . cap. . sc dr. bilson of subject . & rebellion , p. . gubernato●es e●go in iis reb●● quae cum de alogo et j stis legibus puguant , nihil juris aut immunitati , h●bent prae ex●e●is humin●b●● privatis , et perpet●antes id quod malum est , coguntu● tam metuere o●din●ti ouem de● ▪ glad● . umpraestantem ad vindict im n●cc●tium , quam a●i hene ▪ pri● i nam paulus rom. . docet . deum ordinasse et insti●●isse potestatem illa● gladio defendendi bonum , et puniendi malum ▪ et praecipit , utomn● anima ( et fie gubernatores ) tali dei ordinationi sit subjecta ; hoc est obligat ad faciendum bonum , si velit defendi istâ dei ordinatione , et non ob sua facinora impia puniri . magdebur gensis cens. lib. . mr. knox history of the church of scotl. p , . answ. to lysima chus nicanor . pag. . peter mart ▪ in iudg. cap. . polanus in dan. . barcleus regn imperii assertor forti●●imus , hue tamen descendit , ut populo , et insigni ejus parti jus concedat se tuendi ▪ adversum immanem s●vitiam ▪ cum tamen ipse fate●tur totum populum regi s●bditum esse ; ego indiscriminatim 〈…〉 aut singulos , aut partem populi minorem , quae ultimo necessitatis praesidio , sic utatur ut interim et communis bo●i respec●●m non deserat . ●ix ausim nam david a matos circum se aliquanto habuit ; quo nisi ad vim arcendam , si inferetu● . et hos ipso tempore david i prudente f●emina dieitur bella dei , i. e. pia gere●e ; quod male multi ad s●la belia p●io●a trahunt , quum potiu , emendatio fit ejus quod nabal dixe●at , multos subditos a rege ●uo defic●re , quod at corrigat abigal bella davidis pia esse dic●t , utpo●e non defectionis , sed solo vitae tu●ndae confi●io suscepta hugo , grocius de jure belli & pac●s lib. . cap. . quid agendum est subjecto cum á magistratu violatur ; vel si summi magistratus in ty●nn ▪ s degenerarent , e●quid subject is faciendum ▪ necessartone illis obtemperandum an illis repugnandum . ●s quidem armorum vi adhibita . respondeo . varia esse subjectorum discrimina , alii mere sunt privati homines , nullum publi●um munits gerentes ; alii infe ▪ iorem , et quasi subalternum magist , atum gerant ; alii ita sunt sum●●o magistrat● inferiores ; it tamen ex patriae 〈…〉 legi● bus summi magistratus , moderandicausa tan quam fraena quedam constituantur , quod ad primum attinet certum est , nefas else privato cailibet privata authoritate vim tyranni vi opponere , sed vel tyranni vis subcunda , et tolle . randa est aut cedendum , et alio migrandum . quod ad secundum subjectorum genus attinet eorum qui s●b●lternos magistratus gerunt ; non regis quidem familiae domestici , sed regni potius ministri ; quos officiarios coronae vulgo nuncupant ; i●a statuendum est , illos non tam a nege quam a regno pendere . illi regi manifeste ●yranno , et ad lege . evertendas sua potentia abutenti opone●● se , debent ex jure jurando p estito ; obligati ad ●o um s●l●tem , et conservationem qui suae fide● commissa sunt ; armi● si opus est etiam adhibi●is , done ▪ a regni o din●b is aliter provisum sit . de tertio autem subjectorum genere , illud constituendum est quamtus illi revera ; et certa quadam ●atione summum magistratus imperio submittuntur ; alia tamen ratione dum u●git necessitas sup●e ●i illius pigni●atis vindices , et custode ; constituuntur , u● supremum magistratum in suo ollicio contineant ; imo ut et illum cum necesse sue ▪ it reprimant , atque castigent . si quis excipiat ut prima illa fuerit magistratuum , origo ve um tamen ●sse popul●● omnem ●●am libertatem in sol dum its resig . nasse quos ●ummos magistratus sibi p e●t . c rent caedo vero tesig●atiom . illius ullam probationem , qum sta●uo pop●l●s qnantum quidem valuit jus et e●nitas , nec creasse , nec recipisse reges nisi ce●tis conditionibus , qnibus á magistratu ma ifel●e vi●latis consequ●tur cum jus illo●um abdicandorum h. b. e , qui habnerat ●reandorum . ●d de●t populum summos magistratus legiti o●imperio abutentes ; abdicare imperio posse . et id quidem apud omnes nationes celebrio●●s usa●patum fuisse perspicuum est , romano ; athenienses israelitos , danos , swedo● , scotos & anglos . secundo excipitur regibus si in tyrannos degene a●ent ; non esse seele um quidem p●aebendum ministerium , illis tamen vim minime opponendam ; de privatis conced● ; de inferio tb●s ve●o magistrat bus minime . ad superio●es ve o regum quasi ephoros de tyrannis coercendt , curam maxime eorum per●i● . e●e contendo . . deinde affertur exemplum davidis q●i sauli●y● rāno tam studi●●e pepercit , quamvis illius interficiendi facultatem haberet illud exemplum superio●i doctrinae minime repugnare ai● ; david enim m litarem hominum turmam coegerat , quorum opera si ita postulasset necessi●a● , ha●d dub●e adversus sa●●em . usus fuisse . ita tamen egit def ensionis potius quam offensionis causa . commentari●rum ▪ partis de statu relig. et reipub , in regni gallis , sub neno reg. ib. . pag. , , , , , , . in ●ctav● . answ . dr. bilson differ , between 〈…〉 and rebel●ion page , kin. . . . chron , . kings . ambiguum est autem quod de judicio insert , an de eo quo divinirus olim puntentur inobedientes loquatur , vel de co quod expectandom est à magistratibus ; in posteriori sententiae videntur sequentia savere , pri●ri vero praecedentia . verum nihil resert ut●om intelliganus , nec quie un n prohibit quo minus de utroque exponamas , cum utrum ne sit timendun immorigeris . masculus in kem. . ita●ue qui resistit non 〈…〉 &c. de ills potestatibas dicit quae prosecutores fuerint fidzi , ibi en●m dicendum est , deo oportet obremye ●ate magis qham hominibus . sed de istis communitat b●s dicit quae non sunt terro●ib●m ope●is , sed mah , qui●i s utique qui resistit , &c. orig●n in rom. . negare vero obedientiam est resistere para , in rom. . praesides provin's ciis praeficicbantur non tam authoritate casaris quam senatus . estius ep. pet. x. . in e● quod additu● tan quam ab e● mi●is , 〈…〉 rege● refe●unt nonnull● quod non plac● 〈…〉 apo●tolu ▪ vul● hoc in presi●h us istis confide●ar ▪ quod de●s e●s miser it , i●●●od ad obediendum movere debet , ac ●t taceam quod praesides p●oviuciis praeficiebant non tam authoritate caesaris ●uam senatus , illi alters relationi non quadra● quod sequitur ad vindictam ma●efactorem , &c. quem scop●m mali●eges non ●sq●e qua jue hab●bant propositum , ●ectius igitur ad deum refe●tur , qui hunc finem omnibus magistratibus praescribit , unde & paulus de potestate rom. . dei enim minister est tibi in bonum &c. ex quo apparet missos a deo hic intelligi debere non solum duces sed regem ipsum . estius in epist , p●● , . answ . answ . ans. answ . * non ideo dicitur politia aliqua regalis , quia vaiens ei praesit qui sit tota commnnitate in jurisdictione major , nec ei quovis modo subjectus , sed solum propter hanc causam , quia unicus p●cest qui in quemlibet alterum de communitate jurisdictionem habet , et est eo superior . nec conveniens feret aliq em unam talem taliter communitate pre●i●i , piesset ea totai ▪ o m cam supe ●or , insi talis fo●et indeviabil●s , ●uema ●modi● de curisto confi etur , qui communiratem erige e potest sua voluntate , secundum legem , tuncista politia esset pe●fecta regalis , sen almain de pet stazlarca ad gerson . cap. . miserum est non facete ●un na ju● velis m scri s vero velle quod licet miserrs . mu n posse facere quod ita velis , lun . i. ● . ans ▪ answ . answ . answ . answ . it ideo quam rito aliquis per sententiam denimciatur e●communicatus propter aposta●ram a side , ipso facto ejus subditi absoluti sunt a domnio ejus et juramento fidelitaris quo eitenebantur tho. aq. . . ● . . a●s . . dr. ferne reply page . potestas politica seu civilis dupliciter consideratur ; vel ut architecto nica , quae occupat in legibus ●ferendis ad quodvis bonum reipub. pro novendum ; et vocatur {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ut architectonicae s●bordinata , quae rempse●undum leges ill●s deliberando , judicando , et exequendo , administrat , & vocatur simpliciter {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} seu civilis , lib. . ethic. cap. . perse vero patet quod architectonica {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} sit superior civili simpliciter d●cta , et omnibus aliis potestatibus subordinatis quod que sit potestas suprema . par●us in ro. . the soveraigne povver of parliaments and kingdomes divided into foure parts· together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the protestant religion demonstrated; and all materiall objections, calumnies, of the king, his counsell, royallists, malignants, delinquents, papists, against the present parliaments proceedings, (pretended to be exceeding derogatory to the kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. by william prynne, utter-barrester, of lincolnes inne. it is on this second day of august, . ordered ... that this booke ... be printed by michael sparke ... soveraigne power of parliaments and kingdomes prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) the soveraigne povver of parliaments and kingdomes divided into foure parts· together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the protestant religion demonstrated; and all materiall objections, calumnies, of the king, his counsell, royallists, malignants, delinquents, papists, against the present parliaments proceedings, (pretended to be exceeding derogatory to the kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. by william prynne, utter-barrester, of lincolnes inne. it is on this second day of august, . ordered ... that this booke ... be printed by michael sparke ... soveraigne power of parliaments and kingdomes prynne, william, - . [ ]; [ ], , [ ], - ; [ ], p., - leaves, - , [ ]; [ ], , - ; [ ], , , - , [ ] p. for michael sparke, senior, printed at london : . includes "the treachery and disloyalty of papists to their soveraignes, in doctrine and practise. .. the second edition enlarged" (also issued separately as wing p ), "the soveraigne povver of parliaments & kingdomes. or second part of the treachery and disloyalty of papists to their soveraignes" (also issued separately as wing p ), and "the third [-fourth] part of the soveraigne povver of parliaments and kingdomes" (also issued separately as wing p and p ). each part has separate dated title page, pagination, and register. item at reel : lacks collective title page. in "the treachery" the page after is numbered . in "the third part" a r has a headpiece of type ornaments. variant: with woodcut headpiece. the appendix begins new pagination on a r. quire a is in two settings: the "a" of signature-mark "aa" is under ( ) the "c" of "conduce" or ( ) the "v" of "very". with a final errata leaf. reproduction of the originals in the university of illinois (urbana-champaign campus). library and the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . representative government and representation -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (oxford) sampled and proofread - aptara rekeyed and resubmitted - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the soveraigne power of parliaments and kingdomes : divided into fovre parts . together with an appendix : wherein the superiority of our owne , and most other foraine parliaments , states , kingdomes , magistrates , ( collectively considered , ) over and above their lawfull emperours , kings , princes , is abundantly evidenced , confirmed by pregnant reasons , resolutions , precedents , histories , authorities of all sorts ; the contrary objections re-felled : the treachery and disloyalty of papists to their soveraignes , with their present plots to extirpate the protestant religion demonstrated ; and all materiall objections , calumnies , of the king , his counsell , royallists , malignants , delinquents , papists , against the present parliaments proceedings , ( pretended to be excceding derogatory to the kings supremacy , and subjects liberty ) satisfactorily answered , refuted , dissipated in all par●iculars . by william prynne , utter-barrester , of lincolnes inne . gal. . . stand fast therefore in the liberty wherewith christ hath made you free , and be not intangled againe with the yoke of bondage . psalm . . , . be wise now therefore oye kings , be instructed ye iudges of the earth : serve the lord in feare , and rojoyce with trembling . it is this second day of august , . ordered by the committee of the house of commons in parliament concerning printing , that this booke intituled , the soveraigne power of parliaments and kingdoms , &c. be printed by michael sparke senior . iohn white . printed at london for michael sparke senior . . to the right honourable lords & commons , assembled in , and continuing constantly with this present parliament , both in person and affection . eternally renowned senators , and most cordiall philopaters to your bleeding , dying dearest country , ( from which no menacing terrors , of armed adversaries , nor flattering promises of hypocriticall court-friends , could hitherto divorce your sincerest affections , and withdraw your undefatigablest industries in the least degree , to its betraying , or enslaving ; ) i here humbly prostrate to your most mature iudgements , and recommend to your highest , noblest patronage , this quadruple discourse , of the soveraigne power of parliaments and kingdomes , ( now at last compacted into one intire body , though formerly scattered abroad in dismembred parts , rather out of necessity to gratifie others , then conveniency to content my selfe , ) in which as your honours have the greatest interest , so it is just and equall you should enjoy the absolutest propriety : being compiled by your encouragement , printed by your authority ; published for your iustification , to vindicate your indubitable ancient soveraign priviledges from the unjust detractions ; your legall necessary late proceedings , from the malicious , false , unjust aspersions of those royallists , malignants , intemperate pens & tongues , who like naturall bruite beasts , made to be taken and destroyed , speake evill of the things they understand not , and shall perish in their owne corruption : cursed children , who have forsaken the right way , and are gone astray , following the way of balaam the sonne of bosor , who loved the wages of unrighteousnesse ; but was rebuked for his iniquity . i must ingenuously confesse , that the subject matter , and grand publicke differences betweene king & parliament ( yea betweene most kings and kingdomes in the world ) herein debated , are of such an extraordinary , rare , transcendent nature ; of such infinite , universall consequence , weight , concernment , yea so full of dangerous precipes , rockes , if not inextricable difficulties on either hand , as might justly require , not onely one person of the exquisitest judgement , heroicallest spirit , greatest experience , deepest policy , absolutest abilities , vastest knowledge in all kindes of learnings , states , governments ; and most exempt from all other imployments , that might interrupt him in these kindes of studies ; but even an whole parliament , or oecumenicall councell of the most experienced , ablest , learnedest , wisest statists in the universe , and many yeares most advised consideration , exactly to ventilate and determine them : which consideration might have justly daunted , yea quite deterred me , ( the meanest of ten thousand , furnished with no competent abilities , and having scarce one vacant houre , but what i have borrowed from my naturall rest , to accomplish so vast an undertaking ) from this most difficult , weighty , publicke , service , sufficient to sinke the strongest hercules , if not atlas himselfe , the worlds supporter : but yet the goodnesse , the commonnesse of the cause , ( which concernes our whole three kingdomes , parliaments , religion , and every one of our well-beings , in this present world ) the deare affection , i beare to my native country , religion , posterity , parliaments , and your honours ; the defect of other advocates to plead this publicke cause ; seconded with the private earnest intreaties ( which were as so many commands to me ) of some members of your honourable assembly , to undertake this weighty taske , & their authorizing my rude collections for the presse , were such strong exciting ingagements to me to undertake this difficult imployment , that i chose of two extreames , rather to discover mine owne insufficiency in an impotent speedy discharge of this great service , so farre transcending my weake indowments ; than to shew any want of sincerity or industry in deserting this grand cause in a time of need . it beeing one chiefe article of my beliefe , ever since i first read the scriptures , and tullies offices ; that i was principally born for my countries good ( next to gods glory involved in it ; ) upon which ground i have ever bent all my studies to promote it what i might , though to my particular losse and disadvantage . the sole end i aime at in these treatises , is the re-establishment of my bleeding , expiring countries endangered liberties , priviledges , rights , lawes , religion , the curing of her mortall wounds , the restauration of her much desired peace , in truth and righteousnesse , the supportation of parliaments ( the onely pillars , bulwarkes of our church , state , lawes , liberties , religion ) in their perfect lustre , and full soveraigne authority ; the removall of those present grievances , differences , warres , ( arising principally from ignorant or wilfull mistakes of the parliaments just priviledges and the kings due prerogatives ) which threaten present ruine to them all ; for whose future prosperity , security i could ( with moses , and paul ) heartily wish my selfe to be blotted out of the booke of life , and to be accursed from christ ; neither count i may life , limbes , liberties , or any earthly comforts deare unto me , so i may any wayes promote gods glory and the publike welfare . and certainely had the most of men in publike places , but heroicke publike spirits , ( as i make no doubt all your honours have ) byassed with no private interests , or base selfe-respects , studying nothing but the common-good , our present unnaturall warres would soone be determined , our greatest differences easily reconciled , our foraine irish , french , walloon popish forces , brought in to cut our english protestants and their religions throats , before our faces , ( at which horrid spectacle i wonder all english spirits rise not up with unanimous indignation in stead of joyning with them ) easily expulsed , our remaining grievances speedily redressed , our disordered church reformed , our pristine peace and prosperity restored , yea entayled to us and our posterities for ever ; whereas the private selfe-ends , selfe-interests , of some ambitious , covetous , malicious , treacherous , timerous publicke persons , ( who serve no other deity , majesty , or republicke , but themselves alone ) have most shamefully imbroyled , betrayed , and endangered both our kingdoms , parliaments , liberties , religion , properties , yea , all the blessings we formerly enjoyed ; whose names and memories shall be ever execrable to all posteritie upon earth , & their soules , bodies , eternally tortured in hel , ( without repentance ) for this their inhumane , unchristian treachery , and realme-destroying , church-subverting selfe-seeking , detestable both to god and men. to conjure downe such base degenerous private spirits to the infernall pit , or else to elevate and inflame them with great heroicke publike thoughts , there is nothing more effectuall ( in my weake apprehension ) than the well-grounded knowledge , serious study , and full vindication of such publike truthes , concerning publike governement , and the soveraigne iurisdiction of parliaments , kingdomes , magistrates , people as are here debated , ratified , freed from those blacke aspersions of sedition , faction , rebellion , treason , conspiracy , mutiny , singularity , disloyalty , and the like , which sordid sycophants , selfe-seeking monopolists , courtiers , royallists , or malignant delinquents , have most injuriously cast upon them to delude the world ; which long obscured truthes , though they may seeme dangerous paradoxes , and upstart enthusiasmes , at the first proposall , to many ignorant , seduced soules , kept over long in cymmerian darkenesse , by those aegyptian taske-masters , who have studyed to increase and perpetuate their bondage ; yet upon serious examination will prove to be most ancient , indubitable verities , universally received , beleeved , practised , by most realmes and nations in the universe , from the beginning of monarchy till this present ; and the contrary received opinions , to be but the vaine , empty braine-sicke lying fancies of a few illiterate , impolitick court-chaplaines , lawyers , sycophants , who never dived into the principles constitutions , lawes , histories of states and realmes , or into the true originall grounds of regall , regnall , popular , or parliamentary iurisdictions ; and writ onely to flatter princes , to purchase honour , gaine , or favour to themselves ; without any respect at all to verity , or the common good , which never entred into their narrow private thoughts . what entertainement these new-published common truthes , are like to find in court , and elsewhere among many men , i may easily conjecture by that ingrate requitall your honours have received from them , for all your faithfulnesse , paines , cost , diligence , service for the publike safety . never did any parliament in england deserve halfe so well as this , for their indefatigable labours night and day , almost three whole yeares space together , for the common good : yet never was any halfe so ill requited . never did any demerit greater publike applause ; never any underwent halfe so many vile libellous reproaches , slanders , of all sorts , even for well-doing ; and that not onely in vulgar discourses , but in presse and pulpit too . never did parliament in any age sit halfe so long , or doe halfe that worke , or get any such publike establishment , as this ; and yet all our parliaments put together , were never so much opposed , traduced , secretly conspired against , or openly assaulted with armed violence to dissolve and ruine them , as this one alone ; against whom not onely the pope with all his antichristian members , at home and abroad , but ( which is almost a miracle , not formerly heard of in any age ) both king , queene , prince , privy counsellors , courtiers ; yea divers nobles , and members of both houses , contrary to their owne protestations , have utterly deserted it , yea bent all their policies , wits , forces together , to dissolve and null it , ( and in it all future parliaments , ) as no parliament at all , but as an assembly of obstinate refractory traytors , and rebels ; when as all your actions , proceedings , declarations , protestations , proclaime you nothing lesse , yea the best-deserving parliamentary assembly that ever this nation was blessed with , and those heroicke champions , who have lately regained , resetled ( as farre as humane lawes and ordinances can secure them ) our lost , at least decayed liberties , lawes , priviledges , religion , in despite of all oppositions , and utterly suppressed that confederated triumvirate ( of the counsel-chamber , starchamber , and high-commission ) which had almost enthralled us in more than aegyptian bondage , and resolved to detaine both us and our posterity under it , without the least hopes of any enfranchisement . never were there halfe so many publike regall protestations , declarations , proclamations , oathes , remonstrances , solemnely made and published to the world , for the inviolable preservation of all just rights and priviledges of parliament , as there have beene in this ; and yet never were there so many apparent violations of the undoubted rights and priviledges of parliament in all former ages whatsoever , as in this one parliament onely , now at last so far affronted , by open proclamation , ( even against an act of parliament , passed by the king and both houses when fullest , ) to be proclaimed to the world , no parliament at all , but a meere factious , seditious conventicle . which how inconsistent it is with other former oathes & protestations , let all wise men judge . however ; this may be some good incouragement to your honours , and my selfe too , that if all his majesties solemne printed protestations , oathes , proclamations , remonstrances to his people and all the world , with deepest imprecations on himselfe and his posterity , to maintaine the lawes and liberties of the subject , the just priviledges and power of parliaments , and protestant religion to the utterrmost , be as cordially , as really intended , as they are pretended , your honourable proceedings , and these my polemicall discourses ( really defending , vindicating , the indubitable priviledges of parliaments , the subjects liberties , lawes , and our religion against all opposites whatsoever , ) cannot but finde most gracious acceptation with his majesties owne person , yea , with all his counsellors , courtiers , cavalliers , who beare any sincere affection either to the parliaments priviledges , their countries liberties , or religion : which all doubt an army of english ; irish , outlanding papists , will hardly fight for , or maintaine , but really subvert , if possible . however , your honours kinde , favourable entertainment , and noble patronage , of these my unworthy publicke labours ( of which i cannot doubt ) accompanyed with the consciousnesse of my owne sincerity and loyalty , in the whole contexture of them ( though some out of malice , envy , or flattery may and will misconster them , as they have done other of my writings , to my great dammage and danger ) shall be a sufficient sanctuary to secure both me and them , against all adverse powers and detractions whatsoever : and if i chance to suffer any future hard measure , of what kinde soever , for doing my country or your honours the best and faithfullest service i am able , i shall repute it my greatest honour , my chiefest felicity , and chearefully undergoe it ( through gods assistance ) not as a crosse of infamy , but a crowne of glory : and so much the rather , because your honours have formerly taken up this magnanimous resolution , yea sealed it with solemne publike cove●ants and protestations , to live and dye in the just defence of your priviledges , country , and religion , ( never so much indangered , banded against by foraigne and domesticke papists , atheists , as now ) and never to desert them whiles you have one drop of blood in your veines , or any breath in your nostrils : and god forbid , but that i , and all other true members of our state and church , should cordially concurre with you in this heroicall covenant , which the desperate confederacies of our romish adversaries , long prosecuted among us , and now almost promoted to perfection , have necessarily engaged your honors and the whole kingdom to enter into , for their preservation . now the god of peace , and lord of hoasts , be ever mightily present with , and in your honourable assembly , to counsell , direct , protect , prosper all your sincere endevours to promote his gospell , truth , honour , the publike welfare , liberty , tranquillity , security of our endangered lacerated church and realmes , till the lord shall looke mercifully upon zion , the city of our solemnities , and till our eyes shall see our english jerusalem , a quiet habitation , a tabernacle that shall not be taken downe , not one of the stakes whereof shall ever be removed , neither shall any of the cords thereof be broken , notwithstanding all the mighty oppositions against it : and till you shall have built up the old waste places ; raised up the foundations of many generations , yea erected the very top-stone of an exact universall ecclesiasticall and civill reformation in church and state , with shoutings , crying grace , grace unto it . that so all future generations may really blesse , and call you , the repairers of our manifold breaches , the restorers of pathes to dwel lin . which is , and shall be the dayly prayer of your honours most affectionately devoted servant , to live and die with you in the common cause of god , religion , and our native country , william prynne . the treachery and disloyalty of papists to their soveraignes , in doctrine and practise . together with the first part of the soveraigne power of parliaments and kingdomes . wherein the traiterous , antimonarchicall doctrines , practises , and attempts of papists upon the persons , crownes , prerogatives , of their soveraignes , with the dangerous designes , effects , and consequences , of their present illegall arming , and accesse to the kings person , court , army , by meanes of evill counsellours , are briefely discovered , related ; the iurisdiction , power , priviledges , claimed , exercised by our popish parliaments , prelates , lords and commons in former ages , exactly paralleld with those now claimed by the lords and commons in this present parliament ; which are manifested , to be farre more loyall , dutifull , moderate ; more consistent with , lesse invasive on , and destructive to the pretended soveraigne power and prerogative of the king , then those of former ages . and the high court of parliament proved by pregnant reasons , and authorities , to be the most soveraigne power of all other , in this kingdome , in severall respects ; and superiour to the king himselfe : who is not above , but subject to the lawes : together with a punctuall answer to the chiefe calumnies , and grandest objections , of royallists , papists , malignants , delinquents , against the parliaments power , and proceedings ; with other particulars worthy observation . the second edition enlarged . by william prynne , utter-barrester , of lincolnes inne . isai ▪ . , . woe unto me , the treacherous dealers have dealt treacherously : yea , the treacherous dealers have dealt very treacherously : feare , and the pit , and a snare are upon thee , o inhabitant of the earth . psalme . , . my soule hath long dwelt with them , that are enemies unto peace . i labour for peace ; but when i speake unto them thereof , they make them ready to battle . it is this second day of may , . ordered by the committee of the house of commons in parliament for printing , that this booke , intituled , the treachery and disloyalty of papists to their soveraignes , &c. with the additions , be re-printed by michael sparke , senior . iohn white . printed at london for michael sparke , senior . . to the reader . courteous reader , the importunity of some members of parliament , hath induced me to enlarge the first part of this discourse , with sundry pertinent additions , and to re-print it in a greater character , then before ; yet distinct from the following part , for the ease , the benefit both of stationer and buyer . when i first entred upon this necessary publike theame , my primitive intention was , to have collected the chiefe heads , reasons , authorities of this and the ensuing members , into one compendious summulary , and so to publish them all together in an intire briefe : but afterwards considering the extraordinary weight and consequence of that grand common cause , both of parliament and kingdome , which i was to plead ; the novelty and rarity of the subject matter ; the extraordinary prejudice of the ignorant long-deluded world against it ; the potency , policy , multitude of learned advocates ( as well divines as lawyers ) of the opposite royall , and malignant party ; the insufficiency and unsatisfactorinesse of all late printed pleas for the parliaments interest , through defect of punctuall precedents , and authorities to backe their rationall discourses ; and that a summary slight debate of these important publicke differences , would give but small satisfaction to the adversary , and rather prejudice than advance the parliaments , kingdomes native rights and priviledges : i did thereupon enlarge my meditations , my collections , so farre forth , as straites of time , with other avocating imployments , would permit , seconding all my arguments , fortifying all my reasons , with such domesticke , foraine precedents , and authorities of all sorts , as well divine , as humane , politicall , historicall , as legall ; as through gods concurrence with , and blessing on my impotent endevours , may effectually convince the obstinate wils , abundantly satisfie the most seduced , prejudicated judgement , finally resolve the most scrupulous consciences , and eternally silence the ignorant , the most malicious tongues and pennes of all royallists , &c. anti-parliamentary malignants , who are not wilfully wedded to their long-espoused errors ; or more enamored with sordid court flattery for private selfe-ends , then fairest ( though hated , ungainfull ) verity , which aimes at nothing but the publicke good . for my part , i seriously protest before the great judge of heaven and earth , that i have herein wittingly maintained nothing at all , but what my judgement and conscience both ( byassed with no sinister ends , no private respects , ayming at nought else but the glory of god , the settled weale , and tranquillity , of our distracted , bleeding , dying church , and state , the onely motives , engaging me in this service ) informe me , to be a well-grounded , ancient , pregnant , ( though lately over-clouded , undiscovered , neglected , much-oppugned ) truth : and albeit most particulars therein debated , have for many yeares hitherto beene deposed ( that i say not stigmatized ) for seditious , dangerous antimonarchicall paradoxes , if not worse , by the generall torrent of court-parasites , lawyers , religion , nature , law , policy , the various precedents , and authorities of former ages , and throughly digested without prejudice or partiality ; they will appeare , yea , shine forth as most necessary , profitable , loyall , state-securing , peace-procuring verities ; yea , as the very nerves and sinewes to unite ; the pillars to support ; the bulwarkes to protect both church and state , against all invasions , of heresie , or tyranny ; and to keepe all the potent members of them within their legall bounds . peruse it therefore with an upright heart , a dis-ingaged judgement , an unbiassed affection ; and when thou hast thus done , let nought but naked truth resolve thy conscience , and regulate all thy future actions , services both towards thy god , king , country , in such sort ; that * glory may dwell in our land ; that mercy and truth may meet together ; righteousnesse and peace may kisse each other , once more in our nation ; and god may now at last speake peace unto his people and to his saints : so truth shall spring out of the earth , and righteousnesse shall looke downe from heaven : yea , the lord shall give that which is good ; and our land shal yeeld her increase ; righteousnesse shall goe before him , and sha●● set us in the way of his steps . * and the worke of righteousnesse shall be peace ; and the effect of righteousnesse , quietnesse and assurance for ever . and we ( being gods people ) shall dwell in a peaceable habitation , and in sure dwellings , and in quiet resting places ; yea , we * shall beate our swords into plow-shares , and our speares into pruning-hookes ; nation shall not lift up sword against nation , neither shall they learne warre any more ; but wee shall sit every man under his vine and under his figge-tree , and none shall make us afraid ; the effecting , the restoring of which sweete blessed harmony of peace and quietnesse throughout our kingdome , hath beene one principall end of this my labour , which takes away the pretended causes , the nourishing fewell of our present unnaturall contentions , and destructive bloody warres . entertaine it therefore , with that candidnesse and ingenuity , as becomes the cordiallest endevours , of a reall unmercenary philo-pater , who hath freely done and suffered many things , and is still prest to doe and suffer all things , for his dearest countries service , in an honourable lawfull christian way ; though he receive no other guerdon , than the losse of all his earthly comforts , and a new addition to his former sufferings . that saying of symmachus hath been encouragement enough to me , * saluti publicae dicata industria crescit merito , cum caret praemio ; which i wish were more considered and better practised by some degenerous mercenary spirits in these sad times ; who receive great wages , and doe little worke ; refusing to stirre either hand or foote upon any advantage , or necessary occasion to preserve their native country from desolation , before they have pursed up their undemerited pay ; and yet even then perchance sit still : it is a basenesse not onely farre below * christianity , but humanity it selfe , for men ( especially those of publicke place and abilities ) to preferre their owne private ends , before the publicke safety ; their particular gain , before the commonweale , when the whole kingdome lyeth at stake . but i hope heroicke english spirits , will learne more generous resolutions and activity in times of such extremity ; and that those whom it most concernes , will take timely notice , that sordid mercenaries are the greatest , falsest cowards ; christ himselfe resolving what poore , what ill service they will do in dayes of tryall , joh. . , . he that is an hireling , seeth the wolfe comming and leaveth the sheepe , and fleeth ; and the wolfe catcheth them and scattereth the sheepe . the hireling fleeth , because he is an hireling , and careth not for the sheepe . he loves onely his wages , not his charge , his duty ; god discover and amend all such , or else speedily discard them . that so all ayming onely at the publique good and tranquility ; we may eft-soone procure , enjoy the same to our greatest consolation . the treachery and disloyalty of papists to their soveraignes , both in doctrine and practise . when i seriously consider the memorable preamble of . iac. ch . . that it is found by daily experience , that many of his majesties subjects who adhere in their hearts to the popish religion , by the infection drawne from thence , and by the wicked and divellish counsell of iesuites , seminaries , and other persons dangerous to the church and state , are so farre perverted in the point of their loyalties and due obedience unto the kings majesty , and the crowne of england , as they are ready to entertaine and execute any treasonable conspiracies and practices , as evidently appeares by that more then barbarous and horrible attempt to have blowne up with gunpowder , the king , queene , prince , lords and commons in the house of parliament assembled , tending to the utter subversion of the whole state , lately undertaken by the instigation of iesuites and seminaries , and in advancement of their religion by their schollars taught and instructed by them for that purpose . with the statutes of . eliz. ch . . and . iacob . ch . . which enact : that all popish reeusants shall be restrained to some certaine places of abode , and confined to their private houses in the country , and not at any time after to passe or remove above five miles from thence , under paine of forfeiting all their lands , goods , and chattels , during life . that none of them shall remaine within ten miles of the city of london , nor come into the court or house where his majesty , or heire apparent to the crowne of england shall be ; nor have in their owne houses , or in the hands or possession of any other at their disposition , any armour , gunpowder , or munition , of what kinde soever ; and all this , for the better discovering and avoyding of such trayterous , and most dangerous conspiracies , treasons , practises , and attempts , as are daily devised , and practised against our most gracious soveraignes person , and the commonweale , by rebellious and trayterous papists . and when i read in * two of king iames his proclamations : that those adhering to the profession of the church of rome , are blindly led ( together with the superstition of their religion ) both unto some points of doctrine which * cannot consist with the loyalty of subjects towards their prince , and oft times unto direct actions of conspiracies , and conjurations against the state wherein they live , as hath most notoriously appeared by the late most horrible and almost incredible conjuration ( grounded upon points of doctrine in that church held and mantained , and contrived , and practised with the privity and warrant of many of the principall priests of that profession ) to blow up our children and all the three states in parliament assembled . and when we consider the course and claime of the sea of rome , we have no reason to imagine , that princes of our religion and profession can expect any assurance long to continue , unlesse it might be assented by the mediation of other princes christian , that some good course might be taken ( by a generall councell , free , and lawfully called ) to plucke up those rootes of dangers and jealousies which arise for cause of religion , as well betweene princes and princes , as betweene them and their subjects ; and to make it manifest , that no state or potentate , either doth or can challenge power to dispose of earthly kingdomes , or monarchies , or to dispence with subjects obedience to their naturall soveraignes ; ( which was never yet attempted , much lesse effected . ) and in the booke of thanksgiving appointed for the fifth of november , ( set forth by king iames , and the parliaments speciall direction ) this observable prayer ( somewhat altered by the now a arch-prelate of canterbury in the latter editions to pleasure his friends the papists ) to that end strenghthen the hand of our gracious king , the nobles and magistrates of the land , with iudgement s●p justice , to cut off these workers of iniquity ( the papists ) whose religion is rebellion , whose faith is faction , whose practise is murthering of soules and bodies , and to roote them out of the confines of this kingdome . i cannot but stand amazed , yea utterly confounded in my selfe , at the impudency and treachery of those pernicious counsellors , who in affront of all these lawes and premises , have issued out sundry b commissions , under his majesties hand and seale , to divers notorious papists , not onely to furnish themselves with all sorts of armes and munition ; but likewise to meete together armed , and raise forces in the field , to fight against the parliament , kingdome , and protestant religion , ( even contrary to divers his majesties late printed declarations , and protestations , to all his loving subjects ) advanced them to places of great trust and command in his majesties severall armies ; & procured them free accesse unto , if not places of note about his sacred person , as if they were his loyallest subjects , his surest guard ( as many now boldly stile them ) and more to be confided in , then his best and greatest councell , the parliament ; whom they most execrably revile , as rebels , and traytors , the more colourably to raise an army of papists to cut their throats , and the throat of our protestant religion first ( as they have already done in ireland , ) and then last of all his majesties , in case he refuse to become the popes sworne vassall , or alter his religion , which he hath oft protested ( and we beleeve ) he will never doe . but i desire these il counsellors of the worst edition , to informe his majesty , or any rational creature , how it is either probable , or possible , that an army of papists should secure his royall person , crowne , dignity , or protect the protestant religion , the parliament , or its priviledges , to all which they have shewed themselves most professed enemies . we all know that popish recusants c obstina●ely refuse to take the oath of supremacy , or allegiance ( some of them that tooke it , having beene excommunicated by their priests for a reward ) the summe of which oath is , * that they doe truly and sincerely acknowledge and professe ; that the pope hath no authority to depose the king , or to dispose of any his kingdomes , or to authorize any foraine prince to invade his countries , or to discharge any his subjects from their allegiance to his majesty , or to licence any of them to beare armes , or raisetumults against him , or to offer any violence or hurt to his royall person , state , government , subjects . that notwithstanding any declaration , excommunication , or deprivation made or granted by the pope , or any authority derived from him , against the king , his heires , and successors , or any absolution from their obedience , they will beare faith and true allegiance to them , and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their persons , crowne , and dignity , by reason of any such sentence or declaration , or otherwise . and that they doe from their hearts , abhorre , detest , abjure as impious and hereticall , this damnable doctrine and position : ( professedly maintained by english papists , else why should the parliament prescribe , and they absolutely refuse to take this oath ? ) that princes excommunicated or deprived by the pope , may be deposed or murdered by their subjects , or any other whatsoever . will those then who refuse to take this oath , or abjure this king-deposing , king-killing popish doctrine ; harbouring a s●eminary priest in their tents , and a pope in their hearts , prove a faithfull guard to his majesties person , crowne , kingdomes ? will those who so oft conspired the death , and attempted the murthers of queene elizabeth , and king iames , onely because they were protestants , and defenders of the protestant faith , now cordially protect and assist king charles , without attempting any thing against his crowne or person , who hath lately made and published so many protestations , and declarations , that he will never imbrace , nor countenance popery , but most resolutely defend , and advance the protestant religion ; and makes this one principall motive ( how truely , he taketh heaven and earth to witnesse ) of his present taking up of armes ? will they ( thinke you ) spend their lives for king and parliament , who but few yeares since lost their lives for attempting by a traine of gunpowder to blow up both king and parliament ? will those secure his majesty in his throne , now he is actually king of england , who would have murthered him in his cradle , ere he was prince , to forestall him of the crowne of england ? can those prove really royall to his majesty and his royall posterity , who would have blowne up him and all his royall house at once , even long before he had posterity ? in a word ( if ancient presidents will not convince us ) are those who for d two yeares last past or more , have beene labouring with might and maine to uncrowne his majesty , and utterly extirpate the protestant religion by horrid conspiracies and force of armes , in ireland , and are now there acting the last scene of this most barbarous bloudy tragedy ; likely to spend their dearest bloud in fighting for the preservation of his majesties crowne and the protestant cause in england , if this onely be the reall quarrell , as is speciously pretended ? or will any of that religion , who within these three yeares , have by force of armes , both in catalonia , portugall , and elsewhere , revolted from , and cast off their allegiance to their owne most catholicke king , to set up others of the same religion in his tribunall for their greater advantage ; put to their helping hands to establish his majesty ( the most protestant king ) in his regall throne , admit it were really , not fictitiously indangered to be shaken by the parliament ? certainly , if the ground of this unnatural warre be such as these ill counsellors pretend , they would never be so farre besotted as to make choyce of such unfitting champions as papists , for such a designe , who are very well knowne to be the greatest enemies and malignants of all others , both to king , kingdome , religion , parliament , whose joynt destructions ( what ever these ill counsellors pretend ) is questionlesse the onely thing really intended by the popish party in this warre , as the proceedings in ireland , the introducing of foraine , the raising of domestick popish forces , the disarming of protestants , and arming papists with their harnesse , clearely demonstrate to all whom prejudice hath not blinded . now that i may evidence to these pernicious counsellors , and all the world , how dangerous , how unsafe it is to his majesty , to the kingdome , to put armes into papists hands , and make use of them to protect the kings person , or crowne ; i shall desire them to take notice both of the papists traiterous doctrine , and practise , in these three particulars they maintaine . first , that the pope by a meere divine right , is the sole and supreme monarch of the whole world , and all the kingdomes in it , to dispose of them at his pleasure , to whom and when he will , without giving any account of his actions . that all emperours and kings are but his vassals , deriving , and holding their crownes from him by base unworthy services , worse then villenage ; that they call , and repute them their popes vassals , curs , packe-asses with bels about their neckes , and use them like such , if they offend the pope . for full proofe whereof out of their own authours and practise , i shall refer them to doctor e richard crackenthorps booke , of the popes temporall monarc●y , chap. . p. . to . worthy any mans reading , to iohn bodins commonwealth , lib. . cap. . bishop iewels view of a seditious bull , and doctor iohn whites defence of the way to the true church , chap. . p. . secondly , that the pope alone without a councell , may lawfully excommunicate , censure , depose both emperours , kings , and princes ; and dispose of their crownes and kingdomes unto others ; that it is meete and necessary he should excommunicate and deprive all kings , who are either heretickes or apostates ( as they repute all protestant princes ) or oppressors of the common-wealth : that as soone as such princes are actually excommunicated , or notoriously knowne to be heretickes or apostates , their subjects are ipso facto absolved from their governme●t , and oathes of allegiance whereby they were bound unto them ; and may , yea ought to take up armes against them to deprive them of their kingdomes . thirdly , that such hereticall , tyrannicall , oppressing kings may be killed , poysoned , or slaine by open force of armes , not onely lawfully , but with glory and commendations ; that this is to be executed by catholikes ; and that it is not onely an heroicall , but meritorious act , worthy the highest encomiums ; and a saint-ship in the roman calender . these two last propositions you may read abundantly proved by the words of popish writers , and forty examples of severall emperours , kings and princes , which popes and papists have excommunicated , deprived , violently assaulted and murthered , in e doctor iohn whites defence of the way to the true church , chap. . pag. . to . and chap. . p. . . in his sermon at pauls crosse , march . . pag. . . in bishop iewels view of a seditious bull , in bishop bilsons true difference of christian subjection , and unchristian rebellion , part . . throughout : aphorismi doctrinae iesuitarum : king iames his apology against bellarmine , with his answer to cardinall perron , and sundry printed sermons , preached on the fifth of november , to which i shall referre the reader . what security or protection then of his majesties royall person , crowne , kingdomes , can now be expected from our popish recusants , ( infected with these trayterous principles , and branded with so many ancient , moderne , nay present treasons and rebellions against their soveraignes ) let the world and all wise men seriously judge ; what faire quarter and brotherly assistance the parliament , protestants , protestant religion , lawes and liberties of the subject are like to receive from this popish army , the late gunpowder treason , the spanish armado , the english and french booke of martyrs , the present proceedings in ireland , yorkeshire , and elsewhere , will resolve without dispute : and what peace and safety the kingdome may expect in church of state , whiles popery and papists have any armed power or being among us , f doctor iohn white hath long since proclaimed at pauls crosse ( and now we feele it by experience ) in these words ; papistry can stand neither with peace nor piety ; the state therefore that would have these things , hath just cause to suppresse it . touching our peace , it hath not beene violated in our state these many yeares but by them , nor scarce in any christian state , since charles the great his time , but the pope and his ministers have had a hand in it . all these ill advisers ( to colour their close g designe of re-establishing popery , principally intended ) can alleadge for arming papists against law , is ; that the parliament hath trayterously invaded the kings prerogatives in a high degree ; claimed a power and jurisdiction above his majesty in sundry particulars ; yea , usurped to its selfe a more exorbitant , unlimited , arbitrary authority in making lawes , imposing taxes , &c. then any parliaments challenged in former ages ; to represse which insolences , and reduce the parliament to its due limits , his majesty is now necessitated to raise an army , and pray in ayde of papists , who in former ages have beene more moderate in their parliaments , and are like to prove most cordiall and loyall to his majesty in this service . to answer which pretence more fully , though it be for the maine , most palpably false , yet ( by way of admission onely ) i shall suppose it true , and with all possible brevity manifest ; that parliaments , prelates , peeres , commons in times of popery , have both claimed and exercised farre greater authority over our kings and their prerogatives , then this or any other protestant parliament hath done : wherefore papists of all others , have least cause to taxe the parliaments proceedings , and those ill counsellors and his majesty small reason to imploy or trust papists in this service . to descend to some particular heads of complaint , involved in this generall . first , it is objected , that the parliament and some of its h advocates , with its approbation , affirme ; that the parliament being the representative body of the whole kingdome , is in some respects of greater power and authority then the king ; who though he be singulis major , yet he is , universis minor ; which is contrary to the oath of supremacy , ( wherein every subject , * doth utterly testifie and declare in his conscience , that the kings highnesse is the onely supreame governour of this realme , &c. as well in all spirituall or ecclesiasticall causes , as temporall : ) and a kinde of unkinging his majesty , no wayes to be indured . to which i answer , first , that if this doctrine be either traytorous or hereticall , the papists were the first broachers of it long agoe ; for hen. de bracton a famous english lawyer , who writ in king henry the third his reigne , lib. . cap. . f. . a. resolves thus , i but the king hath a superiour , to wit god : also the law , by which be is made a king : likewise his court ; namely , the earles and barons ; because they are called comites , as being the kings fellowes ( or companions ; ) and he who hath a fellow ( or associate ) hath a master : and therefore if the king shall be without a bridle , that is , without law , they ought to impose a bridle on him , unlesse they themselves with the king shall be without bridle ; and then the subject shall cry out and say , o lord iesus christ doe thou binde their jawes with bit and bridle , &c. a cleare resolution , that the law , with the earles and barons assembled in parliament , are above the king , and ought to bridle him when he exorbitates from the law : which he also seconds in some sort , lib. . cap. . f. . this doctrine was so authenticke in those dayes , and after times , that in the great councell of basil. anno . when this mighty question was debated ; whether a pope were above a generall councell , or a councell above him ? such a councell was at last resolved to be above the pope , upon this reason , among others k the pope is in the church as a king is in his kingdome , and for a king to be of more authority then his kingdome , it were too absurd ; ergo , neither ought the pope to be above the church . in every well ordered kingdome , it ought specially to be desired , that the whole realme should be of more authority then the king ; which if it happened contrary , were not to be called a kingdome , but a tyranny . and like as oftentimes kings , which doe wickedly governe the common-wealth and expresse cruelty , are deprived of their kingdomes ; even so it is not to be doubted but that the bishop of rome may be deposed by the church , that is to say , by the generall councell . at the beginning ( as * cicero in his offices saith ) it is certaine there was a time when as the people lived without kings . but afterwards when lands and possessions beganne to be divided according to the custome of every nation , then were kings ordained for no other causes but onely to execute justice : for when at the beginning the common people were oppressed by rich and mighty men , they ranne by and by to some good and vertuous man , which shou●d defend the poore from injury , and ordaine lawes , whereby the rich and poore might dwe●l together . but when as yet under the rule of kings , the poore were oftentimes oppressed , lawes were ordained and instituted , the which should judge , neither for hatred nor favour , and give like e●re unto the poore as rich : whereby we understand and know , not only the people , but also the king to be subject to the law. for if we do see a king to contemne and despise the lawes , violently rob and spoile his subjects , deflower virgins , dishonest matrons , and doe al things li●entiously and temerariously , doe not the nobles of the kingdome assemb●e together , deposing him from his kingdome , set up another in his place , which shall sweare to rule and governe uprightly , and be obedient unto the lawes ? verily as reason doth perswade , even so doth the use thereof also teach us : it seemeth also agreeable unto reason , that the same should be done in the church , that is , in the counce●l , which is done in any kingdome . and so is this sufficiently apparent , that the pope is subject unto the councell ; thus the bishop of burgen , ambassadour of spaine , the abbot of scotland , and thomas de corcellis , a famous divine , reasoned in this councell , which voted with them . here we have a full resolution of this great councell ( which the papists call a generall one , being l approved by the greeke and romane emperours , and most christian kings , and states , and ours among others : ) that the kingdome in parliament assembled , is above the king , as a generall councell is paramount the pope : which they manifest by five reasons . first , because kings were first created and instituted by their kingdomes and people ; not their kingdomes and people by them . secondly , because they were ordained onely for their kingdomes and peoples service and welfare , not their kingdomes and people for them . thirdly , because their kingdomes and people , as they at first created , so they still limit and confine their royall jurisdiction by laws , to which they are and ought to be subject . fourthly , because they oblige them by a solemne oath , to rule according , and to be obedient unto the lawes . fifthly , because they have power to depose them in case they contemne the lawes , and violently rob and spoyle their subjects . this then being the doctrine of papists concerning the power and superiority of parliaments , peeres , and kingdomes over their kings , they have least ground of all others , to taxe this parliament or its advocates , as guilty of treason , and usurpation upon the crowne , for a more moderate claime then this amounts to , and the king or his ill counsell no ground to expect more moderation and loyalty from popish then protestant parliaments . secondly , i answer , that popish parliaments , peeres , and prelates have heretofore challenged and exercised a greater jurisdiction over their kings , then this parliament , or any other , since the embracing of the protestant religion , ever claimed ; and doe in a great measure disclaime . for , first of all , they have challenged and executed a just and legall power ( as they deemed it ) to depose their kings , for not governing according to law ; for following and protecting evill counsellours , and officers ; oppressing their subjects , and making warre against them . this is evident , not onely by the fore-mentioned passages of the councell of basil , with infinite presidents in foraine empires and kingdomes , which i pretermit , but by sundry domesticke examples of which i shall give you a short touch . m anno dom. . king vortigern , when he had reigned sixe yeares space , for his negligence and evill government ( for which vodine arch-bishop of london told him , he had endangered both his soule and crowne ) was deposed from his crowne by his subjects ( the britaines ) generall consent , imprisoned , and his sonne vortimer chosen and crowned king in his stead ; after whose untimely death ( being poysoned by rowena ) vortigern was againe restored by them to the crowne , and at last for his notorious sinnes , by the just revenging hand of god , consumed to ashes by fire , kindled by au●elius , and vter , as heavens ministers to execute its wrath . sigebert n king of the west-saxons , setting aside all lawes and rules of true piety , wallowing in all sensuall pleasures , and using exactions and cruelties upon his subjects , and slaying the earle cumbra , his most faithfull counsellour , for admonishing him lovingly of his vicious life : the peeres and commons thereupon seeing their state and lives in danger , and their lawes thus violated , assembl●d all together ; and provida omnium deliberatione , rose up in armes against him , deposed , and would acknowledge him no longer their soveraigne , whereupon flying into the woods , as his onely safeguard , and there wandring in the day like a forlorne person , and lodging in dens and caves by night , he was slaine by cumbra his swin-herd , in revenge of his masters death , and kenwolfe made king in his stead , anno dom. . o osred king of northumberland , for his ill government was expelled by his subjects , and deprived of all kingly authority , anno . so ethelred , ( the sonne of mollo ) his next successor , being revoked from exile and restored to the crowne , of which he was formerly deprived , thereupon murthering divers of his nobles and subjects to secure his crowne , so farre offended his subjects thereby , that an. . they rose up in armes against him , and slew him at cobre . thus n an. . the people of the kingdome of mercia rising up against beornerd their king , because ●e governed the people not by just lawes , but tyranny , assembled all together , as well nobles as ignoble ; and offa , most valiant young man being their captaine , they expelled him from the kingdome : which done , unanimi omnium consensu , by the unanimous consent of all , as well clergy as people , they crowned offa a king. o ceolwulfe king of mercia , an. . after one yeares reigne , was for his mis●●vernment expulsed by his people , abandoning his crowne and country for the ●afety of his life . p ed●●yn king of mercia and northumberland , for his misgovernment , tyranny , oppression , following vaine , base , wicked counsellors , rejecting the advise of the wisest and noblest person , was , by the unanimous consent of all his subjects , removed from all kingly dignity , and deposed ; in whose place edgar was elected king , an. . deo dictante & annuente populo . not to m●ntion the story of q archigallo , one of our ancient british kings , in times of paganisme ; who giving himselfe to all dissention and strise , imagining causes against his nobles , to put them from their goods and dignities , setting up ignoble persons in their places , and plucking away by sinister , wrongfull meanes from the rich their wealth and goods , by which he enriched himselfe , and impoverished his subjects ; was for these his conditions murmured against by his subjects ; who of one assent lastly tooke and deprived him of all kingly honour and dignity , when he had reigned almost five yeares , making his brother elidurus king of britaine , by one assent , in the yeare of the world , . who after five yeares good reigne , feigning himselfe sicke , assembled the barons of the land , and by his discreet words , and bearing loving carriage , perswaded them to restore archigallo to his former honour and regalty ; and thereupon assembling a councell of his britaines at yorke , caused such meanes to be made to the commons , that in conclusion he resigned his crowne to archigallo : who being thus restored to his crowne by joynt consent of the people , remembred well the evill life that before time he had led , and the punishment hee had suffered for the same . wherefore for eschewing the like danger , he changed all his old conditions and became a good and righteous man , ministring to the people equity and justice , and bare himselfe so nobly towards his lords and rulers , that he was beloved and dread of all his subjects , and so continued during the terme of his naturall life . nor yet to remember r emerian , another old british king , who for misordering of his people was deposed by them , in the sixth yeare of his reigne , and ydwallo promoted to the kingdome ; who taught by emerian his punishment , behaved himselfe justly all the time of his reigne : or any more such precedents before the conquest . we finde the s popish barons , prelates , and commons , disavowing king iohn , whom they had formerly elected king , for making warre upon them , and wasting , burning and spoyling the kingdome like an enemy , and electing lewis of france for their king , to whom they did homage and fealty : there are none so ignorant but know , that the popish prelates , lords and commons in parliament , t anno . deposed king edward the second their naturall king , for his misgovernment , and following and protecting ill counsellors , inforcing him by way of complement to resigne his crowne , threatning else , that they would never endure him , nor any of his children , as their soveraigne , but disclaiming all homage and fealty , would elect some other for king not of his bloud , whom themselves should think most fit and able to defend the kingdome . after which they elected and crowned his son edward the third for their king. that anno . u king richard the second , for sundry misdemeanours objected against him in . articles in parliament , and breach of his coronation oath , was judicially deposed by a popish parliament , by a definitive sentence of deposition given against him , which you may read at large in our historians , and henry the fourth elected and created king in his stead : in both which depositions the popish prelates were chiefe actors . x anno . king henry the sixth , queene margaret and prince edward their sonne were by a popish parliament disinherited of their right to the crowne ; and edward the fourth made king : after which king henry was by another parliament recrowned , and re-established in his kingdome , and edward the fourth declared a traytor and usurper of the crowne . and not long after , edward taking king henry prisoner , and causing him to be murdered in the tower , another popish parliament , anno . abrogated king henries lawes , and re-established king edward . all this have our popish parliaments , prelates , lords and commons formerly done , and that rightly and legally , as they then supposed ; which farre transcends the highest straines of pretended incroachments on his majesties royalties by the present parliament . secondly , our popish parliaments , peeres and prelates have oft translated the crown from the right heires , & setled it on others who had no lawful right or title to it , electing and acknowledging them for their onely soveraigne lords ; in which actions the popish prelates and clergy were commonly the ring-leaders : witnesse their y electing and crowning of edward , who was illegitimate , and putting by ethelred the right heire after edgars decease , an. . their electing and crowning canutus king , a meere forrainer , in opposition to edmund the right heire to king ethelred , anno . of harold and hardiknute , both elected and crowned kings successively without title , edmund and alfred the right heires being dispossessed , and the latter imprisoned a●d tortured to death , anno . and . yet after hardiknutes decease edward ( surnamed the confessor ) was chosen king by consent of parliament . and the english nobilities , upon the death of king harold , enacted , that none of the danish bloud should any more reigne over them . after this kings death , edgar etheling who had best title , was rejected , and harold elected and crowned king : so after william the conquerors decease , anno . robert the elder brother was pretermitted , and william rufus the younger brother crowned and established in the throne : after whose death henry the first , his younger brother ( though not next heire ) was elected king by the clergy , nobles and commons , ( who refused to admit of any king but with capitulations and caveats to their owne liking ) upon faire promises for reforming bad and rigorous lawes , remission of taxes exacted on the subjects , and punishment of the chiefe causers of them , and a solemne oath to frame good lawes , and ratifie saint edwards lawes ; all which he really performed . so after the death of richard the first , iohn earle of morton was established and crowned king , and his nephew arthur , the right heire , disinherited . and he dying , his sonne henry the third was elected and crowned , and lewis ( made king in his fathers life by the barons ) removed . the like we finde in the case of k. henry . k. edw. . and richard the third , made kings by acts of parliament , by our popish prelates and nobles with the commons consent , upon unlawfull or doubtfull titles , by way of usurpation , and the right hereditary line put by . such a transcendent power and jurisdiction as this to disinherit the right heire and transferre the crowne to whom they thought meetest , neither the present nor any other protestant parliaments , peeres or subjects ever exercised , though popish parliaments , prelates , lords , and commons have thus frequently done it ; of which you may reade more in h. . c. . h. . c. . h. . c. . h. . c. . and other acts hereafter cited . thirdly , the lords and commons in times of popery have sent out writs and summoned parliaments in the kings name , and forced the king to call a parliament without and against his full consent . thus anno . z the barons petitioned kings iohn to confirme magna charta and their liberties tendered to him ; who having heard them read , in great indignation asked ; why the barons did not likewise demand the kingdome ? and swore , that he would never grant those liberties whereby himselfe should be made a servant : so harsh a thing is it ( writes daniel ) to a power that hath once gotten out into the wide liberty of his will , to heare againe of any reducing within his circle : not considering , how those who inherit offices succeed in the obligation of them , and that the most certaine meanes to preserve unto a king his kingdome , is to possesse them with the same conditions that he hath inherited them . the barons hereupon raise a great army at stamford , wherein were . knights besides esquires , constituting robert fitz-walter their generall , intituling him , the marshall of the army of god and holy church ; seize upon the kings castles : and the londoners sending them a privie message to joyne with them , and deliver up the city to be guided by their discretion : thither they repaire , and are joyfully received under pact of their indempnity . after which they sent letters to the earles , barons , and knights throughout england , who seemed ( although fainedly ) to adhere to the king , exhorting them with a commination , that as they loved the indemnity of their goods and possessions , they should desert a perjured king , and that adhering faithfully to them , they should with them stand immovably , and effectually contend for the liberties and peace of the kingdome . which if they contemned to doe , they would with armes and banners displayed , march against them as publike enemies , subvert their castles , burne their houses , and edifices , and not cease to destroy their ponds , parkes , and orchards : whereupon all the lords , knights , and people deserting the king , who had scarce seven knights in all left with him , confederated themselves to the barons . the king seeing himselfe generally forsaken , counterfeits the seales of the bishops , and writes in their names to all nations ; that the english were all turned apostates , and whosoever would come to invade them , he , by the popes consent , would conferre upon them al their lands and possessions . but this devise working no effect in regard of the little credit they gave to and confidence they had in the king , the truth being knowne , all men detested such wickednesses and forgeries , and so the king fell into his owne snares ; hereupon the king fearing the barons would take all his castles without any obstacle , though he conceived an inexorable hatred against them in his heart , yet he craftily dissembled , that he would make peace with them for the present ; ut cum furtim surrexisset , in dissipata agmina acrius se vindicaret ; & qui in omnes non poterat , in singulos desaeviret . wherefore sending william marshall earle of pembroke to them , with other credible messengers , he certified them , that for the good of peace , and the exaltation and honour of his kingdome , he would gladly grant them the lawes and liberties they desired ; commanding the lords by the same messengers that they should provide a fit day and place , where they might meete and prosecute all these things : who related all these things deceitfully imposed on them , without fraud to the barons at london ; who appointed the king a day to come and conferre with them in a meade betweene stanes and windsor , called running-meade ; on the . day of iune . where both parties meeting at the day , and conferring , the king perceiving his forces too weake for the barons , who were innumerable , easily granted their subscribed lawes and liberties without difficulty , and confirmed them with his charter , hand , seale , oath , proclamations , and other assurances , which you shall heare anon : this meeting daniel and others stile a parliament ( as well as that at a clarindon and other assemblies in the open field ) the great charter being therein first confirmed ; which parliament the king by force of armes was constrained to summon . so b anno dom. . king henry the third cancelling the charter of the forest at oxford , pretending that he was under age when he sealed and granted it at first , and so a ●●llity : hereupon the barons confederate by oath , and put themselves in armes at stamford , from whence they sent to the king , requiring him to make restitution without delay of the liberties of the forests lately cancelled at oxford , otherwise they would compell him thereto with the sword ; to avoyd which danger he was enforced to summon a parliament at northampton , where a concord was concluded on all hands , anno . and so the parliament brake up , c anno . henry the third incensing his nobility and generally all his subjects , by his entertainment of forainers by whom he was ruled , by marrying his sister elianor to simon de monfort a banished frenchman , and his oppressions , contrary to his oath and promise in parl. that year , put them into a new commotion , who thereupon made a harsh remonstrance of their grievances to him , by his brother richard , by means whereof the king was forced to call a parliament at london anno . whither the lords came armed to constraine the king ( if he refused ) to the reformation of his courses . d anno . king henry is againe enforced by the barons and peeres to call a parliament at oxford and at london against his will , and to assent to ordinances therein made : and anno . he was likewise constrained to call two other parliaments at london , and to assent to the new ordinances therein proposed , which he did onely to get time and circumvent the barons . e anno dom. . and . king edward the second was in a manner constrained at the instant supplication of his nobles to summon a parliament , and to banish his minion pierce gaveston against his will. f in the . and . yeares of this king , the barons raising an army by force of armes compelled him to summon a parliament at westminster , and to passe an act for the banishment of these two great favorites the spensers who miscounselled and seduced him , and oppressed his people . g and in the last yeare of this kings reigne , his popish prelates , nobles , and commons , taking him prisoner , summoned a parliament in his name much against his will : wherein for his misgovernment , they enforced him to resigne his crowne ; deposed him , renounced their allegiance to him , and set up his sonne king edward the third in his throne ; as you may reade at large in walsingham , polychronicon , caxton , fabian , grafton , hollinshead , speed , stow , howes , daniel , mr. fox , and others who have written the history of his life . in the yeare . ( the . of edward the third his reigne ) the popish lords , prelates , and commons in ireland , summoned a parliament there by their owne authority , without , and against the kings or deputies consents ; wherein they framed divers questions and articles against the kings ministers there imployed , ( which the irish h annals record at large ) refusing to appeare at the parliament there summoned by the kings authority and officers . i reade in the statute of r. . c. . ( and our i historians have a touch of it . ) that the duke of glocester , and the earles of arundel and warwicke assembled forcibly and in great number at harengy , and so came in such manner forcibly to the kings palace at westminster , arraied in manner of marre , that the king might not then resist them without great perill of his body and destruction of his people : so that by coertion and compulsion the said duke and earles made the king to summon a parliament at westminster the morrow after the purification of our l●dy , the eleventh yeare of his reigne : which parliament so begunne , the said duke and earles in such forcible manner continued ; and in the same did give many and divers judgements , as well of death of man as otherwise , upon divers of the kings liege people , and did give judgement of forfeitures of lands , tenements , goods , and cattels , whereof they be convict of high treason ; and also for certaine questions , which were demanded by the king touching his estate and regality , of certaine of his iudges , then at notingham the same yeare . and for their answers of the same , given to the king upon the same questions , the same iustices were forejudged of their lives , and judgement given against them of forfaiting their lands , goods , and chattels ; and the said duke and earles made divers statutes and ordinances in that parliament at their will , the summons whereof was made expressely against the right of the kings crowne , and contrary to the liberty and franchese of his person and royall estate : whereupon it was by this packed over-awed parliament , and act , annulled , revoked , and holden as none ; as a thing done without authority , and against the will and liberty of the king , and the right of his crown . yet it continued in full force for . yeares space , during which time there were parliaments held which would not repeale it : and by the parliament in h. . c. , . this parliament of r. . was repealed , with all the circumstances , and dependants thereof ; the parliament and statutes of r. . revived , and enacted to be firmely holden and kept after the purport and effect of the same , as a thing made for the great honour and common profit of this realme . after this in the yeare of king richard the third , when he had yeelded himselfe prisoner to henry duke of lancaster ; the duke comming with him to london , sent out k summons for a parliament to be holden the last of september , in the kings name , ( sore against his will ) and enforced him first to resigne his crowne unto him , and afterwards caused him to bee judicially and solemnely deposed by consent of all the states of the realme in parliament , for certaine abuses in his government objected against him ; the whole manner of which resignation , deprivation , and proceedings , you may reade at large in our histories . these popish prelates , lords and commons , enforcing their kings to summon all these parliaments , ( with others which i pretermit ) might seeme to have some legall colour from the ancient law of king alfred ; who in an assembly of parliament l enacted this for a perpetuall custome : that a parliament should be called together at london twice every yeare , or oftner , in time of peace , to keepe the people of god from sin , that they might live in peace , and receive right by certaine usages and holy judgements and from the statutes of e. . c. . & e. . c. . ( backing this ancient law ) which enact : that for the maintenance of the lawes and statutes , and redresse of divers mischiefes and grievances which daily happen , a parliament shall be holden every yeare once , and more often if need be. now these lawes would have beene meerely voyd and ineffectual , if these kings , who were obliged by their coronation oathes to observe them , refusing to call a parliament as often as there was need , or at least once every yeare , according to the purport of these lawes , might not be constrained by their nobles , prelates , people to summon them , in case they peremptorily refused to call them of their owne accords , or upon the motion or petition of their counsell , lords and commons . whereupon in the bill newly passed this session , for a trienniall parliament , for time to come , there is speciall provision made how the parliament shall be summoned and convented by the lords , commons , and great officers of the realme , themselves , without the kings concurrent assent , ( though by his writ and in his name ) in case of his neglect or wilfull refusall to summon one within that time . neither is this a thing unusuall in other parts . in the m generall councell of nice an. . canon . it was decreed ; that a councell should be held twice every yeare in every province to regulate the affaires and abuses of the church . the n councell of antioch , can. . appoints two councels to be held every yeare in every province , the one the third weeke after easter , the other upon the . of october : to heare and determine all ecclesiasticall causes and controversies . and in the . o councell of constantinople , can. . the councell of africke , can. . pope leo the first , in his decretall epistles , epist. . c. . the counsell of chalcedon , can. . the third counsell of toledo under king reccaredus , an. . cap. . the fourth counsell of toledo , under king sisenandus , an. . the greeke synods , collected by martin bishop of bracara , cap. . the second counsell of aurelia , can. . the third at the same place can. . and the fourth , can. . the second synod of towres , can. . the fifth counsell of aurelia , cap. . the counsell at hereford , under king egfred , an. . in beda's ecclesiast . hist. l. . t. . pope gregory the first in his decretall epistles , lib. . registri , epist. . the sixt counsell of constantinople , can. . the counsell of antricum , can. . the counsell of maseon , can. . p pope gregory the third his decretall epistles . the synod of suessons , under king childeric , the counsell under king pepin , at the palace of vernis , an. . cap. . the counsell of paris , under lewis , and lothaire , an. . l. . cap. . the counsell of melden , an. . cap. . with sundry other counsells , decree , that a synod or counsell shall be kept twice ( or at the least once ) every yeare , at a certaine time and place in every province ; that all bishops and others , unlesse hindered by sicknesse , or other inevitable occasions , should be present at it , and not depart from it till all businesses were ended , and the counsell determined , under paine of excommunication ; that kings by their mandates should not interrupt these counsells , nor keepe backe any members from them . and to the end they might be the more duely observed without interruption for want of a new summons ; they likewise decreed ; that before the counsels determined , they should still appoint both the day and place , when and where the next counsell should assemble , of which every one was to take notice , and to appeare there at his perill , under paine of excommunication and other censure , without any new citation . yea , the great q counsell of basil , an. . session . provides and decrees ; that in every province an annuall , or at least a bienniall or trienniall counsell at farthest , shall be kept at a set time and place , where none should faile to meet under paine of forfaiting halfe their annuall revenues ; and if the metropolitan , without lawfull impediment , should neglect to summon such counsels at the times appointed ; he should for his first default forfait the moity of his revenues ; and if within three moneths after he neglected to summon the said counsell , then he was to be suspended from all his offices and benefices , and the ancientest , or most eminent bishop in the province in his default , or any other that by custome ought to doe it , was to supply his neglect in assembling and holding the counsell . as it was thus in summoning counsels , for the government of the church , and ecclesiasticall affaires : ( many of which counsels , as is evident by r divers saxon , british , spanish , french counsels , were no other but parliaments , wherein the king and all temporall estates assembled , and sate in counsell as well as the prelates and clergie , as they did as well in generall , as in nationall and provinciall counsels ; ) so likewise in calling diets , parliaments , and general assemblies of the estates , for setling and ordering the civill affaires of kingdomes . not to mention the power of assembling the roman senate , residing principally in the consuls , as s bodin proves at large . in the t kingdome of aragon in spaine , of ancient times by an ancient statute of that kingdome , a parliament or generall assembly of the states was to assemble at a set time and place , once every yeare at least , and of later times by other lawes , once every second yeare . neither can the king of aragon hinder or adjourne this assembly above forty dayes at most , nor adjourne or dissolve it when met , but by the generall consent of all the court . and during the interregnum , when there is no king , the estates themselves have power to assemble and make lawes , not onely to binde themselves , but the succeeding king : as they may likewise doe in hungary ; where the u grand palatine ( elected by the estates of hungary alwayes in their parliament , not the king ) during the interregnum hath power to call a parliament or generall assembly of the states of hungary , to make obligatory lawes , as well to succeeding kings as to the kingdome . * hieronymus blanca recites this law of king iames of aragon , for altering their annuall into a bienniall parliament . cum in curiis , quas reges suis subditis celebrant , ea quae sunt ad conservationem pacis , ac justitiae , & statum pacificum regni , & regimen subditorum , & ad tuitionem & augmentum reipub : ordinent & disponant : nos jacobus dei gratia aragonum rex , licet jam per illustrissimum dominum regem petrum , recolendae memo●iae patrem nostrum , statutum fuisset in favorem aragonensium ; quod ipse & sui successores quolibet anno eis euriam celebraret in civitate caesar-augustae , quod etiam statutum fuit per dominum regem alfonsum clarae memoriae fratrem nos●rum , & per nos postmodum confirmatum . nunc vero attendentes ad communem utilitatem totius regni aragonum , quia loca ubi curiae celebrantur , propter congregationem gentium magnum suscipiant incrementum ; de voluntate & assensu praelatorum , religiosorum , baronum , mesnaderiorum , militum , & procuratorum civitatum , villarum , & villariorum aragonum , in hac curia congregatorum : statuimus , & perpetuo ordinamus , quod de caetero nos & successores nostri faciamus , & celebremus curiam generalem aragonum de biennio in biennium , in festo omnium sanctorum , in quacunque civitate , v●lla , vel villario aragonum , ubi nobis , & successoribus nostris melius fuerit visum expedire ; non obstantibus statuto & ordinationibus praelibatis . in aliis vero , privilegio generali aragonum , & foris per nos jam editis , in suo robore duraturis . et haec iuramus per nos & successores nostros perpetuo observare . et praelati & religiosi , qui in dicta curia erant , haec firmarunt , & barones , mesnadarii , milites , & procuratores civitatum , villarum , & villariorum similiter iurarunt . which law was afterwards somewhat altered , restraining these parliaments to some townes of great receit . and concerning the forme of their parliaments and their kings power to adjourne them , or not adjourne them , he writes thus . in comitiis respub : nostra quasi integrum quoddam fingitur corpus : cujus caput , censetur rex : truncus vero corporis , ac membra in eo locata , ipsi ordines ; iustitia autem aragonum , collum , quod utrumque conjungit , & corporis , & eapitis faucibus adhaerescit . ad nostra igitur comitia hi quatuor ordines evocandi sunt . evocantur autem singulatim per literas , quas apellamus , las cartas dellamamiento . in his a regibus proponitu● ratio consilii , quo ductus comitia habenda decreverit ; tum ipsorum comitiorum dicitur dies , ac opportunus designatur locus . de eujus mutatione , anfieri possit , ab eodem molino haec traduntur . si in aliquo loco sunt semel convocatae curiae generales , & inceptae , non potest illas mutare seu continuare dominus rex ad alium locum regni , nisi tota curia generali consentiente . et idem paulo post . tamen si curiae generales nondum sunt integre congregatae , seu inceptae ; tunc dominus rex , etiam sine curia potest illas mandare continuari ad alium locum sibi bene visum . et ista continuatio fiet per justitiam aragonum , seu ejus lo●um tenentem . quibus poterit dominus rex mandare , quod illas continuent ad locum domino regi bene visum . ius est autem ; ne comitia nostra ultra quadraginta dies possunt differri . * the estates and parliaments generall of france , under the kings of the second line , met and held but twice in the yeare only , according to the testimony of hincmarus archbishop of reimes , drawne from the narration of the abbot of corbie alard , who lived in the time of charlemayne ; under the reigne of king lewis , called sanctus , when france was in her flourishing estate , and the princes and lords were of souple nature , ranking with the termes of duty and obedience , the parliaments were ruled and assured at certaine seasons of the yeare . for in times of peace foure parliaments were holden yearely , or three at the least . and the same was used under the reigne of his sonne philip the hardy , third of the name . in the time of philip de bel. his sonne , king of france and navarre , they were reduced to two parliaments yearely according to the ancient custome ; one in winter , and the other in summer during peace ; and but one in winter during warre . ( it appeareth neverthelesse by the registers of the court , that by hinderance of warre against the rebellious flemmings , there was not any parliament during some yeares ; ) and the king by his ordinance , dated the munday after mid-lent , an. . ( set downe in the register of ancient orders of parliament , fol. . ) willed , that for the commodity of his subjects there should be every yeare two parliaments at paris , and in other provinces ; as andrew favin records : by which it is apparent , that parliaments in france , spaine , and other kingdomes , were not arbitrarily called at the kings free pleasures as seldome as they pleased , but frequently summoned every yeare , once , twice , or more , at certaine seasons , publike acts of parliament , for the better government of these realmes , redresse of grievances , and preservation of the peoples liberties against all royall encroachments on them . in germany , though diets and assemblies of the states be commonly made by the emperours , and in their names ; yet , we find that the princes electors , and estates have assembled , not onely without , but against the emperours consents , when they saw good cause ; and not onely questioned , but deposed their emperours , and elected new in their steads , of which there are sundry precedents in the lives of x ludovicus pius , henry the , , , , . frederickes barbarossa , charles the grosse , winceslaus , philip , otho the fourth , ludovicus bavarus , and others . in this regard therefore of forcing kings to summon parliaments ( so frequent with popish prelates , peeres , subjects , both in our owne and other realmes ) our present protestant parliament , and all others , since the reformation , have beene more moderate and dutifull , then those in times of popery heretofore ; or then the popish rebels in ireland are now ; y who have lately at kilkenny held a kinde of parliament , erected new lawes , and officers of iustice , enacted new lawes and ordinances , as well civill and criminall as martiall , and done as much herein without the kings assent or commission , as our king and parliament could doe , if conjoyned . fourthly , our popish barons , prelates and commons , have refused to meete in parliament when the king hath summoned them by his writ . z an. dom. . king henry the third summoned his earles and barons to appeare at a parliament at oxford , ( where the king now resides ; ) but they all joyntly sent him an expresse message that they would not come upon his summons , for that the kings person went guarded with poictovines , and other strangers , who swayed and miscounselled him ( as ill counsellors doe now the king ) so as they could not there appeare with safety : at which message the king grew very angry , resolving that they should be once , twice and thrice summoned to appeare : whereupon roger bacon , who usually preached before the king , freely told him , that if he did not remove from him peter bishop of winchestor , and peter de rivallis ( his malignant counsellors ) he could never be quiet : and roger bacon a clergy man also of a pleasant wit , seconding roberts advise , told the king , that petrae and rupes were most dangerous things at sea , alluding to the bishops name , petrus de rupibus . the king hereupon comming a little to himselfe , and taking that good advise of * schollers which he would not of his peeres , summons another parliament to be holden at westminster , giving the world to know withall , that his purpose was , to amend by their advise whatsoever was to be amended . but the barons considering , that still there arrived more and more strangers , men of warre , with horse and armes ( as now alas we see they doe ) and not trusting the peictovine faith ( as we have now cause to mistrust the perfidious papists , and malignant cavaliers ) and seeing no footsteps of peace ( our present condition ) refused to come at the appointed day ; sending the king word by solemne messengers , that he should without any delay remove peter bishop of winchester , and the other poictovines out of his court , which if he refu●ed , they all of them by the common consent of the whole kingdome , would drive him , with his wicked counsellors , out of the kingdome , and consult about creating a new king. these things thus acted , the king was much dejected in mind , and all his court too , hanging downe their heads , and fearing not a little , lest the errors of the sonne should become worse then the fathers errors , whom his subjects indeavouring to depose from his royall throne , almost detruded him to that name , which was given him by a certaine presage ; iohn the banished : wherefore he could easily have beene drawne to redeeme the love of his naturall liegemen , with the disgrace of a few strangers . but the bishop of winchester , with other his ill counsellors , and poictovine cavaliers , counselled him to take up armes against his rebellious subjects , as they stiled them , and to give their castles and lands to them , who would defend him and the kingdome of england from these traytors , ( the counsell now given to his majesty , by his ill counsellours and cavaliers : ) hereupon the king inclining to the worser part , raiseth an army of poictovine , & foraine souldiers , which came to him being sent for out of flanders , ( from whence the king now hath many old souldiers , and commanders sent him ) seiseth a manour of guilbert bassets , a noble man , given him by king iohn , calling him traytor when he demanded it ; sets downe a day , wherein all his lords he suspected should deliver him sufficient pledges of their loyalty ; and being at glocester with his army , ) whither the lords refused to come , being required , ( the king thereupon , as if they were traytors , burnes their manors , destroyes their parkes and ponds , besiegeth their castles , and without the judgement of his court , and of their peeres , denounceth them exiles and banished men , gives their lands to the poictovines , and adding griefe to griefe , wound to wound , commanded their bodies to be apprehended where ever they were within the kingdom : he likewise sends a defiance to the earle marshall , whose lands he had wasted , who thereupon understood himselfe discharged of that obligation by which he was tyed to the king , and free to make his defence ; whereupon , he seeing neither * faith , nor oath , nor peace to be kept by the king , or his ill counsellours , who contrary to their promise and oath , refused to deliver up his castle , which they promised to render to him , upon demand ; he raiseth a great army , and takes his castle . on this the king upon better consideration , did againe promise and affirme ; that by advise of his great councell , all that was amisse should be rectified and amended ; and at the day and place appointed , he holds a great conference with the lords ; but the evill counsellers he followed , suffered him not to make good his promise . for when divers there present , greatly in the kings favour , with sundry preachers and fryers , whom the king was wont to reverence and hearken to , humbly beseeched , and earnestly exhorted the king to make peace with his barons and nobles , and to embrace them with due affection , being his naturall subjects , whom without any judgement by their peeres he had banished , destroying their manours , woods , parkes , ponds ; and being led and seduced by evill counsels , lesse regarded his faithfull subjects , ( whose native blood would not permit them to bow downe ) than forainers ; and which is worse , called them traytors , by whom he ought to settle the peace , order the counsels , and dispose the affaires of his kingdome : the bishop of winchester ( offended it seemes at peeres ) takes the word out of the kings mouth , and answers ; that there are not peeres in england , as in the realme of france ; and that therefore the king of england , by such iusticiars as himselfe pleaseth to ordaine , may banish any offenders out of the realme , and by judiciall processe condemne them . which insolent speech the english bishops relished so harshly , that they presently with one voyce threatned to accurse and excommunicate by name the kings principall wicked counsellers ; of whom winchester being the foreman , appealed ; whereupon they accursed ( and i would our bishops would doe so now , if the god-dam-me cavaliers accurse not themselves sufficiently ) all such as alienated the heart of the king from his subjects , and all others that perturbed the peace of the realme ; and so the hoped accomodation vanished into greater discontents . hereupon the earle marshall and other lords with their forces , fell pell mell upon the kings army , slew divers of his forrainers ; and in conclusion drew him to such straits , that enforced him to be capable of better advise : then edmund arch-bishop of canterbury elect , with other suffragan bishops , bewailing the estate of the kingdome , presented themselves before the king at westminster , telling him as his loyall liegeman ( and o that some bishop or faithfull person , if there be any such about his majesty , would now deale thus clearely with him , touching his evill counsellors ! ) that the counsell of peter bishop of winchester , and his complices , which now he had and used , was not sound nor safe , but evill and dangerous to himselfe and his realme : first , for that they hated and despised the english , calling them traytors , turning the kings heart from the love of the people , and the hearts of the people from him , as in the earle marshall , whom ( being one of the worthiest men of the land ) by sowing false tales they drave into discontentment . secondly , that by the counsell of the said peter , his father king iohn , first lost the hearts of his people , then normandy , then other lands , and finally wasted all his treasure , and almost england also , and never after had quiet . thirdly , that if the subjects had now beene handled according to justice and law , & not by their ungodly counsels , these present troubles had not hapned , but the kings lands had remained undestroyed , his treasure unexhausted . fourthly , that the kings councell is not the councell of peace but of perturbation , because they that cannot raise themselves by peace , must raise themselves by the troubles & dis-inherison of others . fifthly , that they had the treasure , castles , wardships , and strength of the kingdome in their hands , which they insolently abused , to the great hazard of the whole estate , for that they made no conscience of an oath , law , justice , or the churches censures . therefore we , o king , speake of these things faithfully unto you , in the presence of god and man , and doe counsell , beseech and admonish you , to remove such a councell from about you ; and ( as it is the usage in other realmes ) governe yours by the faithfull and sworne children thereof . to which the king in briefe answered ; that he could not suddainely put off his councell , and therefore prayed a short respite . * nothing had hitherto preserved the king more , than that he could without griefe forgoe any favorites , if he were nearely pressed ; the contrary quality whereof hath beene the cause of finall desolation to so many princes . for though choyce of counsellers be for the most part free , yet by common intendment they should be good ; or how ever they are , or are not ; it is madnesse to hazard a crowne , or lose the love of a whole nation , rather than to relinquish or diminish a particular dependance , for which the publique must not be hazarded , nor subverted ; the king therefore , in this point not infortunate , commands bishop peter from his court , to keepe residence at his cure , without once medling in state affaires , removes all his evill counsellors , deprives them of their offices , and puts good men in their places , and commands all poictovians and foraine forces to depart the realme , receives all his nobles unto favour , restoring them to their lost offices , lands , castles , admits them into his court and councell ; puts all his ill counsellours , and delinquent officers to their legall trials and fines . and for peter rivales , his treasurer , he was so incensed against him for his ill counsell , that he sware he would plucke out his eyes , were it not for reverence of his holy orders . and at his arraignment at westminster the king sitting in person with his justices upon the bench , and shooting rivales through with an angry eye , spake thus to him . o thou traytor , by thy wicked advise , i was drawne to set my seale to those treacherous letters , for the destruction of the earle marshall , the contents whereof were to me unknowne ; and by thine and such like counsell , i banished my naturall subjects , and turned their mindes and hearts from me . by thy bad counsell and thy complices , i was moved to make warre upon them to my irreparable losse , and the dishonour of my realme , in which enterprise i wasted my treasure , and lost many worthy persons , together with much of my royall respect . therefore , i exact of thee an accompt , and thou shalt be carryed to the tower of london , to deliberate till i am satisfied . and thus were these civill warres and differences reconciled , ill counsellors removed , enormities reformed , delinquents punished , ( not without reducing store of coyne to the king ) and peace established in the kingdome . which history , i have more largely recited , because most of its passages are parallel to the kings , and his evill counsellors present proceedings , on the one hand , and to the parliaments in some sort , on the other hand in the premises ; and i doubt not but they will prove parallels in the conclusion , to the terrour and just punishment of all ill counsellors , cavalieres , and delinquents , the contentment of all good subjects joy , and re-establishment of our peace in truth and righteousnesse . to end the point proposed ; * anno dom. . king edward the second by his writ summoned a parliament at london ; but many of the lords refused to come , pretending causes and impediments , by which their absence might well be excused , and so this parliament tooke no effect , and nothing was done therein . in this particular then popish prelates , lords and commons , have exceeded protestants in this , or any other parliament . fifthly , popish parliaments , prelates , lords and subjects have by force of armes compelled their kings to grant and confirme their lawes , liberties , charters , priviledges , with their seales , oathes , proclamations , the popes buls , prelates excommunications ; and to passe , confirme , or repeale acts of parliament against their wils . thus the barons , prelates , and commons , by open warre and armes enforced both a king iohn , and king henry the third , to confirme magna charta , and charta de foresta ( both in and out of parliament ) sundry times with their hands , seales , oathes , proclamations , and their bishops excommunications , taking a solemne oath one after another at saint edmonds , upon the high altar , . that if king john should refuse to grant these lawes and liberties , they would wage warre against him so long , and withdraw themselves from their allegiance to him , untill he should confirme to them by a charter ratified with his scale , all things which they required : and that if the king should afterwards peradventure recede from his owne oath , as they verily beleeved he would , by reason of his double dealing , they would forthwith , by seizing on his castles , compell him to give satisfaction ; which they accordingly performed , as our histories at large relate . yea , when they had enforced king b iohn thus to ratifie these charters , for the better maintenance of them , they elected . barons to be the conservators of their priviledges , who by the kings appointment ( though much against his liking , as afterwards appeared ) tooke an oath upon their soules , that with all diligence they would observe these charters , & regem cogerent ; and would compell the king , if he should chance to repent , to observe them ; all the rest of the lords and barons , then likewise taking another oath , to obey the commands of the . barons . after this c anno dom. . king henry the third summoned a parliament at oxford , whither the lords came armed with great troopes of men for feare of the poictovines , to prevent treachery and civill warres , and the kings bringing in of foraine force , against his naturall subjects ; to which end they caused the sea-ports to be shut up , and guarded . the parliament being begun , the lords propounded sundry articles to the king , which they had immutably resolved on , to which they required his assent . the chiefe points whereof were these : that the king should firmely keepe and conserve the charter and liberties of england , which king john his father made , granted , and ratified with an oath , and which himselfe had so often granted , and sworn to maintaine inviolable , and caused all the infringers of it , to be horribly excommunicated by all the bishops of england , in his owne presence , and of all his barons ; and himselfe was one of the excommunicators . that such a one should be made their chiefe iustice , who would judge according to right , without respect to poore or rich . with other things concerning the kingdome , to the common utility , peace , and honour of the king and kingdome . to these their necessary counsels and provisions , they did frequently , and most constantly , by way of advice , desire the king to condescend , swearing and giving their mutuall faith and hands one to another ; that they would not desist to prosecute their purpose , neither for losse of money or lands , nor love , nor hate ; no nor yet for life or death of them or theirs ; till they had cleared england ( to which they and their forefathers were borne ) from upstarts and aliens , and procured laudable lawes . the king hearing this , and that they came exquisitely armed that so he and his aliens might be enforced , if they would not willingly assent , tooke his corporall oath ( and his sonne prince edward also ) that he would submit to their counsels , and all those their ordinances , for feare of perpetuall imprisonment ; the lords having by an edict , threatned death to all that resisted : which done , all the peeres and prelates took their oath ; to be faithfull to this their ordinance ; and made all who would abide in the kingdome , to swear they would stand to the triall of their peeres ; the arch-bishops and bishops solemnely accursing all that should rebell against it . and richard king of romans , the kings younger brother comming soone after into england to visit the king and his own lands , the d barons enforced him ( according to his promise sent them in writing before his arrivall ) to take this oath , as soone as he landed , in the chapter-house at canterbury . hear all men that i richard earle of cornewal , swear upon the holy gospels , to be faithfull and forward to reforme with you the kingdome of england , hitherto by the counsell of wicked men so much deformed . and i will be an effectuall coadjutor to expell the rebels and troublers of the realm from out of the same . this oath will i observe under paine to forfeit all my lands i have in england . to such a high straine as this , did these popish parliaments , prelates , peeres , and commons scrue up their jurisdictions , to preserve themselves and the kingdome from slavery and desolation ; whom matthew paris his continuer , for this service stiles , e angliae reipublicae zelatores : the zelots of the english republicke . neither is this their example singular , but backed with other precedents . in the second and third yeares of king edward the second , f piers gaves●on his great , proud , insolent , covetous , unworthy favorite , miscounselling and seducing the young king , ( from whom he had been banished by his father ) & swaying all things at his pleasure , the peers and nobles of the realme , seeing themselves contemned , and that foraine upstart preferred before them all , came to the king , and humbly entreated him , that he would manage the affaires of his kingdome , by the counsels of his barons , by whom he might not onely become more cautious , but more safe from incumbent dangers ; the king voce tenus , consented to them , and at their instance summoned a parliament at london , to which he commanded all that ought to be present , to repaire . where , upon serious debate , they earnestly demanded of the king , free liberty for the barons to compose certaine articles profitable to himselfe , to his kingdome , and to the church of england : the king imagining that they would order piers to be banished , a long time denied to grant their demand , but at last , at the importunate instance of them all , he gave his assent , and swore he would ratifie , and observe what ever the nobles should ordaine : the articles being drawne up , and agreed by common consent , they propounded them to the king ; and by their importunity , much against his well-liking , caused him to ratifie them with his seale , and to take his corporall oath , to observe them : which done , the arch-bishop of canterbury with his suffragans , solemnely denounced a sentence of excommunication against al who should contradict these articles ; which they caused to be openly read in pauls church london , in the presence of the prelates , lords and commons of the whole kingdom , the king being present ; among which articles they demanded ; that magna charta , with other provisions necessary to the church and realme , should be observed , that the king as his father had commanded , should thrust al strangers out of his court and kingdome , and remove ill counsellours from him : that he would thenceforth order all the affaires of the kingdome by the counsel of the clergy and lords ; and begin no war , nor depart any where out of the kingdome without common consent . the king consented to the articles , and banished piers into ireland . no * sooner was the parliament dissolved , but the king neglecting his fathers solemne adjurations , together with his owne oath , never to reduce piers , sends for him back to his court , marrieth him to the countesse of glocester , his owne sisters daughter , sheweth him more favour then ever ; resolving with himselfe to retaine this gaveston , mangre all his earles , barons , and for the love of him , to put his crowne and life in perill , when time should serve : in which , whether the king or his favourite shewed lesse discretion , it is not at the first easily determined ; it being as unsafe for the one with so offensive behavior to affect immoderate shew and use of grace , as for the other , to the injury of his name and realme , to bestow the same . but upon the queenes complaint to the king of france her brother , of piers his insolence and prodigality , and on the barons message to the king by common consent ; that he should banish piers from his company , and observe the effect of the foresaid articles , or else they would certainly rise up against him as a perjured person by a like vow ( which speech seemed hard to the king , because he knew not how to want piers , but yet discerned that more danger would spring up if he obeyed not the lords petition ; ) piers rather by the kings permission , then good liking , did the third time abjure the realme with this proviso ; that if at any time afterward he were taken in england , he should be forthwith put to death as a perilous enemy to the kingdome : yet he returning in christmas to the king at yorke , the lords spirituall and temporall , to preserve the liberties of the church , the kingdom , and remove this viper , elected tho. earle of lancaster for their generall , and sent honorable messengers to the king , requesting him , to deliver piersinto their hands , or drive him from his company out of england , as being perswaded , while that king-bane breathed , peace could never be maintained in the realme , nor the king abound intreasure , nor the queene enjoy his love . but the wilfull king would not condescend . whereupon the lords thus contemned and deluded , presently raise an army , and march with all speed towards newcastle , not to offer injury , or molestation to the king , writes walsingham , ( the case and purpose of the pre●ent parliaments army ) but that they might apprehend piers himselfe , and judge him according to the laws enacted . which when the king heard , he fled together with piers to tynemouth , and from thence to scarborough castle . where piers was forced to yeeld himselfe , upon condition to speake but once more with the king . and then carried to warwick castle , where he had his head strucke off , at the command , and in the presence of the earles of lancaster , warwicke , and hereford ; as one who had beene a subverter of the lawes , and an open traytor to the kingdome , and that without any judiciall proceedings or triall of his peeres , though an earle , and so deare a favorite of the kings . which bred a lasting hatred betweene the king and his nobles : who being afterwards charged by the king in parliament with their contempt against him , in the spoiles committed by them at newcastle , and wickedly killing piers : they stoutly answered , that they had not offended in any point , but deserved his royall favour , for that they had not gathered force against him , but against the publike enemy of the realme : and then obtained an act of pardon that no man should be questioned for gavestons returne or death , printed in old g magna charta . not long after , this unfortunate king doting upon the two h spencers as much as ever he did on gaves●on , to whom they succeeded , not onely in pride , rapine , oppression and intolerable in●olencies , but even in height of familiarity and power with the king. so as they ruled and lead the king as they pleased , in so much that no earle , baron , or bishop was able to dispatch any thing in court without their advise and favour , which made them generally envied of all , because they domineered over all . the lords and barons hereupon , confederated together to live and die for justice , and to their power to destroy the traytors of the realme , especially the two spencers : and meeting together with their forces at shirborne , thomas of lancaster being their captaine ; they tooke an oath to prosecute their designe to the division of soule and body : then they spoyled these spencers and their friends goods , take their castles by violence , waste their manors through malice , slay their servants , utterly omitting the usuall wayes of law and equity , and following the impetuousnesse of their minds they march on to saint albons with ensignes displayed , and sent solemne messengers to the king then at london , commanding him , not onely to rid his court , but kingdome too , of the traytors of the realme , the spencers , condemned in many articles ( which they had framed against them ) by the commonalty of the realme , if he loved the peace of the kingdome . and they further required the king to grant letters patents of indempnity , to themselves and all such as had bore armes in their company , that they should not be punished by the king or any other for their forepast or present transgressions . the king denyed both these demands at first , as unjust and illegall ; swearing , that he would not violate his coronation oath , in granting such a pardon to contemptuous delinquents . whereupon running to their armes , they marched up to london , entred the city , and to avoyd danger , the king ( through the queenes and others mediation ) condescended to their desires , passing an act for the spencers banishment , and the barons indemnities ; which you may reade in ancient h magna chartaes . upon this the barons departed , neither merry nor secure , despairing of the kings benevolence ; which made them goe alwayes armed , and to retire to safe places . the king soone after , recalling the spencers , reversed the sentence against them as erroneous , gathers an army , encounters and defeates the barons , and puts many of them to death by these spencers procurements ; who not content with their bloud , procured also the confiscation of their goods and inheritances : whereupon getting into greater favour and power then before , puffed up with their good successe and new honours , they discontented not onely the nobles , but queene too ; who going over into france with her sonne , the prince , ( whose lives these favorites attempted ) she raised an army beyond the seas , and returning with it into england , most of the lords and commons resorted to her , and fell off from the king : who being destitute of friends and meanes , demanded assistance of the city of london , whose answer was ; that they would honour with all duty the king , the queene and prince , but would shut their gates against foreiners and traytors to the realme , and with all their power withstand them . and under the name of iohn of eltham the kings second sonne , whom they proclaimed custos of the city & of the land , they got the tower of london into their possession , placing and displacing the garrison and officers therein as they pleased . the king hereupon ( after he had commanded all men to destroy , and kill the queenes partakers , none excepted but her selfe , her sonne , and the earle of kent , and that none upon paine of death , and losse of all that they might lose , should aide or assist them , and that he should have a . l. who did bring the lord mortimers head ) f●ies to bristol , in the castle whereof the elder spen●er was taken by the queenes forces , and without any formall tryall , cruelly cut up alive , and quartered ; being first at the clamours of the people , 〈◊〉 and hanged in his proper armour upon the common gallowes without the city : after which the king forsaken of all his subjects flies into wales for shelter , where he was taken prisoner , and then by his lords and parliament forced to resigne his crowne to his son , confessing , that for his many sins he was fallen into this calamity , and therefore ●ad the lesse cause to take it grievously : that he much sorrowed for this ; that the people of the kingdome were so exasperated against him , that they should utterly abharre his any longer rule and soveraignty , and therefore he besought all there present to forgive and spare him being so afflicted : soone after he was murthered in ba●kly castle : and so the sicknesse , and wounds which the common-wealth sustained by his ill raigne , upon the change of her physitian , recovered not onely health and strength , but beauty also and ornament , writes iohn speed. after all this i king richard the second in the ninth yeare of his reigne summoned a parliament , wherein michael de la pole earle of suffolke , for cheating the king was put from his lord chancellorship of england by the parliament , and the seal● taken from him against the kings will , and given to thomas arundell bishop of ely ; whereupon both the houses gave halfe a tenth and halfe a fifteene , to be disposed of as the lords thought fit , for the defence of the realme . the parliament was no sooner dissolved , but the king recals de la pole and other ill counsellors to the court , shewing them greater favour then before : in so much that at christmas , the king made de la pole sit at his owne table , not in the usuall garment of a peere , but of a prince , out of a stomacke and hatred against the peeres , whom from thenceforth be never regarded but feiuedly , and then fals to plot the death of the duke of glocester and other nobles , who opposed his ill counsellors ; for which purpose he appoints a meeting at nottingham castle , with a few persons generally ill-beloved , ill-adwised , and ill-provided . the course agreed upon by the king and that ill-chosen senate was , first , to have the opinion of all the chiefe lawyers ; ( who saith speed , seldome faile princes in such turnes ) concerning certaine articles of treason , within whose nets they presumed the reforming lords were ; and if the lawyers concluded those articles contained treasonable matters , then umder a shew of justice they should be proceeded against accordingly . the lawyers ( who were the very men , which in the last parliament , gave advice to the lords to do as they did ) now meeting were demanded : whether by the law of the land , the king might not disanull the decrees of the last parliament ? they joyntly answered , he might , because he was above the lawes ; ( a most apparent errour ) confessing ; that themselves had in that parliament decreed many things , and given their judgement , that all was according to law , which they acknowledged to be altogether unlawfull . the king thus informed , appointeth a great councell at nottingham , and withall sends for the sheriffes of shires , to raise forces against the lords ; who denyed , saying , that they could not raise any competent forces or armes against them , the whole counties were so addicted to their favours ; and being further willed ; to suffer no knights to be chosen for their shires , but such as the king and his councell should name ; they answered ; that the election belonged to the commons , who favored the lords in all , and would keepe their usuall customes ; ( a good precedent for our present sheriffes ) whereupon they were dismissed . then were the lawyers and judges ( robert trefilian and his companions ) called before the king , to determine the judgements of treasons against the lords to be legall and to set their seales thereto , which they did : meane time the king and duke of ireland , sent messengers to hire what forces they could , that they might stand with them if need were against the lords in the day of battle : * many of which answered , that they neither could nor would stand against the lords , whom they knew for certaine intimately to love the king , and to endevour all things , study all things , doe all things for his honour : yet many out of simplicity , thinking themselves to be hired , promised to be ready upon the kings notice : the lords hearing of these proceedings were much sadded ; being conscious to themselves of no guilt worthy the kings so great indignation . the duke of glocester sent his purgation upon oath by the bishop of london , to the king ; who inclining to credit the same , was in an evill houre diverted by de la pole. the duke hereupon makes his and their common danger knowne to the rest of the lords : upon which they severally gather forces , that they might present their griefes to the king ; how he favoured traytors , not onely to them , but to the publique , to the imminent danger of the realme , unlesse it were speedily prevented . the king on the other side ( by trayterous counsellours advise ) sought how to take them off single , before they were united : but in vaine , by reason their party was so great . meane time , some peaceable men procured , that the lords should repaire safe to westminster , and there be heard . thither approaching , they are advertised by some , ( who had sworne on the kings behalfe for good dealing to be used during the interim ) that in the mewes by charing-crosse , a thousand armed men ( which without the kings privity sir thomas trivet , and sir nicholas brambre knights , were reported to have laid for their destruction ) attended in ambush . the king sweares his innocency , promising safe conduct to the lords if they would come ; who thereupon came strongly guarded , and would trust no longer . the king sitting in royall state in westminster hall ; the lords present themselves upon their knees before him : and being required by the lord chancellor ; why they were in warlike manner assembled at haring gye parke , contrary to the lawes ? their joynt answer was : that they were assembled for the good of the king and kingdome , and to weed from about him , such traytors as he continually held with him ; the traytors they named to be - robert de vere , duke of ireland ; alexander nevill , arch-bishop of yorke ; michael de la pole , earle of suffolke ; sir robert tr●silian , that false justiciar ; sir nicholas brambre , that false knight of london , with others : to prove them such , they threw downe their gloves , as gages of challenge for a triall by the sword. the king hereupon replyed , as knowing they were all hidden out of the way ; this shall not be done so , but at the n●xt parliament ( which shall be the morrow after candlemas ) all parties shall receive according as they deserve . and now to you my lords ; how or by what authority durst you presume to levy forces against me in this land ? did you thinke to have terrified mee by such your presumption ? have not i men and armes , who ( if it pleased me ) could environ and kill you like sheepe ? certainely in this respect i esteeme of you all no more than of the basest scullions in my kitchins . having used these , and many like high words , he tooke up his unckle the duke from the ground , where he kneeled , and bade all the other rise . the rest of the conference was calme , and the whole deferred till the next parliament , then shortly to be holden at westminster . in the meane time ( that the world might see , how little able the king was to equall his words with deeds ) a proclamation was set forth , in which the king ( before any tryall ) cleareth the lords of treason , names tho●e persons for unjust accusers , whom the lords had before nominated . the lords neverthelesse thought not good to sever themselves , but kept together for feare of the worst ; which fell out for their advantage : for the duke of ireland ( with the kings privity , such was his false dissimulation ) had gathered a power in wales , and cheshire : which they intercepting neare burford and bablecke , slew sir william molineux , leader of the cheshire men , and made the duke to flye in great feare . among the dukes carriages was found ( as the devill , or rather god would have it ) certaine letters of the kings to the said duke , by which their counsels were plainely discovered . the lords hereupon march with speed up to london , having an army of forty thousand men , the lord mayor and city doubtfull whether to displease the king or lords , upon consultation receive the lords into the city , and supply their army with provisions in the suburbs ; which the king hearing of , seemed to slight them , saying ; * let them lye here till they have spent all their goods , and then they will returne poore and empty to their houses , and then i shall speake with and judge them one after another , the lords hearing this , were exceedingly moved , and swore , they would never remove thence , till they had spoken with him face to face . and forthwith sent some to guard the thames , lest the king should slip out of their hands , and then scoffe at them . the king being then in the tower , and seeing himselfe every way encompassed , sent a message to the lords , that he would treat with them ; who thereupon desired him , that he would come the next day to westminster , where they would declare their desire to him : the king replyed , that he would not treat with them at westminster , but in the tower. to which the lords answered , that it was a suspicious place , because traines might there be laid for them , and dangers prepared to destroy them ; whereupon the king sent word , they should send thither two hundred men or more , to search and view all places , lest any fraud should lye hid . upon which the lords repaired to the tower , and in the kings bed-chamber , laid open to him briefly , all his conspiracy , in causing them indirectly to be indicted ; they object to him his mutability , and underhand working , producing his owne letters to the duke of ireland , to raise an army to destroy them ; together with the french packets they had intercepted ; whereby it appeared he had secretly practised to flye with the duke of ireland into france , to deliver up callice to the french kings possession , and such pieces as the crowne of england held in those parts ; whereby his honour might diminish , his strength decay , and his fame perish . the king seeing this , knew not what to doe , especially because he knew himselfe notably depressed . at last craving leave , they left him confounded and shedding teares , yet upon condition , that he should come to westminster the next day , where hee should heare more , and treate of the necessary affaires of the kingdome ; which he promised to doe , retaining the earle of darby , to sup with him . but before he went to bed ( o the ficklenesse of weake princes , and faithlessenesse of their royall words and protestations ! ) some whisperers telling him , that it was not decent , safe , nor honourable for the king to goe thither , he changed his resolution . the nobles hearing this , were very sad , and discontented , and thereupon sent him word , that if he came not quickely according to appointment , they would chuse them another king , who both would and should obey the counsell of his peeres . the king strucke with this dart , came the next day to westminster , there attending his nobles pleasures . to whom ( after few discourses ) the nobles said ; that for his honour , and the benefit of his kingdome , all traytors , whisperers , flatterers , evill instruments , slanderers , and unprofitable persons should be banished out of his court and company , and others substituted in their places , who both knew how , and would serve him more honourably and faithfully . which when the king had granted ( though with sorrow ) they thought fit that alexander nevill archbishop of yorke , iohn fordham , bishop of durham , with sundry other lords , knights , and clergy men should be removed and kept in strait prison , to answer such accusations as should be objected against them the next parliament . whereupon they were apprehended forthwith and removed from the court : after the feast of purification , the parliament ( much against the kings will , who would have shifted it off at that time ) began at london . the first day of the session , fulthorpe , and all the rest of the judges were arrested , as they sate in judgement on the bench ; and most of them sent to the tower : for that having first over-ruled the lords with their counsels and direction , which they assured them to be according to law , they afterward at nottingham , gave contrary judgement to what themselves had determined formerly . tresilian the chiefe justice prevented them by flight , but being apprehended and brought backe to the parliament in the forenoone , had sentence to be drawne to tiburne in the afternoone , and there to have his throate cut , which was done accordingly . the king seeing these proceedings , by advise of his ill counsellors , * absented himselfe from his parliament , and sent michael de la pole then lord chancellor , to demand foure fifteenes in his name , of the commons , for that without lesse he could not maintaine his estate and outward warre . to which the body of the parliament made answer ; that without the king were present , they would make therein no answer ; and that unlesse the king would remove him from his chancellorship , they would no further meddle with any act this parliament . the king upon this sent to the commons , that they should send to eltham , ( where he then lay , ) . of the wisest and best learned of the commons , who in the name of the whole house should declare unto him their minde , upon which message the house were in more feare then before ; for there went a talke , that the king intended to betray divers of them , which followed not his minde , either that way , or at a banquet appointed to be made purposely at london , if nicholas exton the mayor of london would have consented thereunto ; at which time the duke of glocester should have beene taken . wherefore the lords and commons assembled together , agreed with one assent , that the duke of glocester , and bishop of ely , should in the name of the whole parliament be sent to the king to eltham ; which was done , and the king well pleased that they should come . when they came into his presence they most humbly saluted him , and said . most high and redoubted soveraig●e lord , the lords and commons of this your parliament assembled , with most humble subjection unto your most royall majesty , desire your most gracious favour ; so that they may live in tranquillity and peace under you , to the pleasure of god and wealth of the realme . on whose behalfe we also shew unto you , that one old statute and landable custome is approved , which no man can deny ; that the king our soveraigne lord may once in the yeare lawfully summon his high court of parliament , and call the lords and commons thereunto , as to that which is the highest court of this realme : in which court all equity and justice must shine , even as the sunne when it is at the highest , whereof poore and rich may take refreshing : where also must be reformed all the oppressions , wrongs , exactions and enormities within the realme , and there to consult with the wise men for the maintenance of the kings estate . and if it might be knowne that any persons within the realme or without intended the contrary , there also must be devised how such evill weeds might be destroyed . there also must be studyed and soreseene , that if any charge doe come upon the king and his realme , how it may be well and honourably supported and sustained . hitherto it is thought by the whole realme , that your subjects have lovingly demeaned themselves to you , in ayding you with substance to the best of their powers ; and they desire to have knowledge , how and by whom these goods be spent . one thing resteth yet to declare in their behalfe unto you : * how that by an old ordinance , they have an act , if the king absent himselfe forty dayes not being sicke , but of his owne minde ( not heeding the charges of his people , nor their great paines ) will not resort to his parliament ; they then may lawfully returne home to their houses : and now sir , you have beene absent a longer time , and yet refuse to come amongst us ; which greatly is our discomfort : ( and our parliaments present case . ) to this the king answered by these words : well , we doe consider that the people and commons goe to rise against us ; wherefore we thinke we can doe no better than to aske ayde of our cosin the french king , and rather submit us to him , than to our owne subjects . the lords answered : sir , that counsell is not best , but a way rather to bring you into danger . for it is well knowne , that the french king is your ancient enemy , and your greatest adversary : and if he set foot once within your realme , he will rather dispoyle you , invade you , and depose you from your estate royall , than put any hand to helpe you , &c. and as that king cannot be poore that hath rich people ; so cannot he be rich that hath poore commons . and all these inconveniences be come by the evill counsell which are about you . and if you put not your helping hand to the redresse of the premises , this realme of england shall be brought to nought and utter ruine , which clearely shou'd be laid to your default , and in your evill counsell : seeing that in the time of your father , this realme throughout all the world was highly esteemed , and nothing ordered after these wayes . wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruine either of you or else of your realme . by these good perswasions the king was appeased , and promised within three dayes after to come to the parliament , and to condescend to their petitions ; and according to his appointment he came . where soone after iohn fordham bishop of durham , was discharged of the treasurourship , and the bishop of hereford set in his place ; * de la pole was put from his chancellourship for dive scrimes , frauds , briberies and treasons , by him committed , to the prejudice of the king and his realme , committed to the tower , and fined twenty thousand markes to the king , in relieving of the commons : divers other judges , knights , & delinquents of all sorts were condemned , & executed , others banished and their states confiscated ; others put out of offce by this parliament , as you may read in our histories , and in the k statutes at large : in which statutes the mischievous effects of these evill counsellors to king , kingdome , and people are at full related , whereby the king and all his realme were very nigh to have beene wholly undone and destroyed : the lords raising of forces against them resolved to be lawfull ; and these traytorous delinquents made uncapable of any pard●n ; l and their raising of armes against the parliament and kingdome , ( though with the kings owne consent and his command ) declared and enacted to be high treason . these proceedings ratified and assented to in parliament by the king , much against his will , wrought an intolerable secret hatred and desire of revenge in his heart against the lords , which for want of power he concealed neare ten yeares space ; but in the twentyeth yeare of his reigne , being somewhat elevated in his spirit with a rumour that he should be elected emperour ; he suddenly apprehended the duke of glocester , the earles of warwicke and arundell ( the chiefe sticklers in the premises ) committing them to severall prisons : and to blinde the peoples eyes , lest they should rise up in armes to rescue these lords ; the king sent out a seigned proclamation , ( which he caused to be proclaimed throughout the realme ) that these lords were apprehended only for new treasons committed against him , for which he would prosecute them in the next parliament , and not for the old trespasses : after which he proclaimes those lords traytors . which done he summoned a m parliament at westminster , to this parliament the king commanded to come all such as he had best confidence in , omitting the rest ; and the knights were not elected by the commons , as custome required they should be , but by the kings pleasure ; yea , he put out divers persons elected , and put in other in their places to serve his turne ; which was one article objected against him when he was deposed . against the time of this parliament , the king received a guard of . archers , all cheshire men , as if he would have gone in battle against enemies , so that divers came armed to the parliament out of feare . these cheshire men were rude and beastly people , and so proud of the kings favour , n that they accounted the king to be their fellow , and set the lords at nought , though few of them were gentlemen , but taken from the plough and other trades . after these rusticall people had a while courted , they grew so bold , that they would not let neither within the court nor without to beat and slay the kings good subject , ( as the cavaliers doe now ) and to take from them their victuals at their pleasure , paying little or nothing for them , and to ravish their wives and daughters : and if any man presumed to complaine to the king of them , he was soone rid out of the way , no man knew why , nor by whom , so that in effect they did what they listed . in this parliament the king having made the speaker , and a great part of mercinary , proud , ambitious men of the commons house to be of his side , to act what he required them ; he then prevailed likewise with the upper house , first with the prelates , then with the lords , more out of feare of him , then any reason ; by meanes whereof the commission , charters of pardon , and acts made in parliament in the . and . yeares of his reigne were quite revoked and declared voyd in law , as being done without authority and against the will and liberty of the king and of his crowne : and withall they declared the iudges opinions for which they were condemned in that parliament , to be good and lawfull , and attainted the said imprisoned lords of high treason , and confiscated their lands . the two earles hereupon were beheaded , and the duke ( by reason of his popularity ) sent over to callice , and there by hall and others smot●ered , onely for their former actions ; which done , the king adjourned the parliament to shrewsbury where he subtilly procured an o act to passe by common consent , that the power of the parliament should remaine in seven or eight persons , who ( after the parliament dissolved ) should determine certaine petitions delivered that parliament , and not dispatched . by colour whereof , p those committees proceeded to other things generally touching the parliament , and that by the kings appointment , in derogation of the state of the parliament , the discommodity and pernicious example of the whole realme : and by colour and authority hereof , the king caused the parliament rols to be altered and defaced , against the effect of the foresaid grant . after which he much vexed and oppressed his people with divers forced loanes , oathes , impositions , and oppressing projects to raise money , seeking to trample them under his feet , and destroy the realme , and tooke all the jewels of the crown with him into ireland , without the kingdomes consent . which rendered him so odious to his people , that henry duke of lancaster , landing in england , the whole kingdome came flocking to his ayde , so that he had an army of . men in a short time ; who vowed to prosecute the kings ill counsellours . whereupon king richard returning out of ireland , hearing of the dukes great army assembled against him , and knowing that they would rather dye than yeeld , out of their hatred , and feare of him , he dismissed his courtiers , hiding obsurely in corners till he was apprehended , and by a parliament summoned in his name ( though against his will ) judicially deposed for his misgovernment . among the articles exhibited against him in parliament for his evill government , for which he was by sentence dethroned , these are remarkable . first , * that hee wastfully spent the treasure of the realme , and had given the possessions of the crowne to men unworthy , by reason whereof daily new charges more and more , were laid on the neckes of the poore commonalty . and when divers lords were appointed by the high court of parliament to commune and treate of divers matters concerning the common-wealth of the same , which being busie about those commissions , he with other of his affinity , went about to impeach them of high treason , and by force and threatning , compelled the iustices of the realme at shrewesbury , to condescend to his opinion , for the destruction of the said lords ; in somuch that hee began to raise warre against john duke of lancaster , thomas earle of arundell , richard earle of warwicke , and other lords , contrary to his honour and promise . item , he assembled certaine lancashire and cheshire men , to the intent to make warre on the foresaid lords ; and suffered them to rob and pillage without correction or reproofe . item , although the king ftatteringly , and with great dissimulation made proclamation throughout the realme , that the lords before named , were not attached for any crime of treason , but onely for extortions and oppressions done in the realme , yet he laid to them in the parliament , rebellion and manifest treason . item , he hath compelled divers of the said lords servants and friends , by menace and extreame paines , to make great fines to their utter undoing . and notwithstanding his pardon to them granted , yet he made them fine of new . item , that he put out divers * sheriffes lawfully elected , and put in their roomes , divers of his owne minions , subverting the law , contrary to his oath and honour . item , for to serve his purpose , he would suffer the sheriffes of the shire to remaine above one yeare or two . item , he borrowed great sums of money , and bound him under his letters patents for repayment of the same , and yet not one penny paid . item , he taxed men at the will of him and his unhappy counsell , and the same treasure spent in folly , not paying poore men for their victuall and viand . item , he said , that the lawes of the realme were in his head , and sometime in his brest , by reason of which phantasticall opinion , he destroyed noble men , and impoverished the commons . item , the parliament setling and exacting divers notable statutes for the profit and advancement of the commonwealth , he by his private friends and solicitors , caused to be enacted ; * that no act then enacted should be more prejudi●iall to him , than it was to any of his predecessors , though with proviso he did often as he listed , and not as the law meant . item , that he at his going into ireland , exacted many notable summes of money , besides plate and iewels , without law or custome , contrary to his oath taken at his coronation . item , that without the assent of the nobility , he carried the iewels , plate , and treasure of the kingdome over the sea into ireland , to the great impoverishing of the realme . and all the good records for the common-wealth , and against his extortions , he privily caused to be imbezeled and conveyed away . item , when divers lords and iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the realme , and profit of the king , the said king so menaced them with sore threatnings , that no man would , or durst say the right . item , he most tyrannically and unprincely said , that the lives and goods of all his subjects were in the princes hands , and at his disposing . item , he craftily devised certaine privie oathes , contrary to the law , and caused divers of his subjects , first to be sworne to observe the same , and after bound them in bonds for the firmer keeping of the same , to the great undoing of many honest men . which how parallel they are to the late and present court practises , and doctrines of our times , let wise men determine . the king being thus judicially dethroned in parliament , henry the fourth by the same parliament , ( which continued notwithstanding richards deposition who summoned it ) was created king , who in the q first parliament of his raigne , reversed , and annulled as illegall , the parliament of richard . with all its acts , circumstances and dependants ; and revived that of richard . in all points , as made for the great honour , and common profit of this realme . to these i might adde the r rebellious insurrections of richard scroope , arch-bishop of yorke , the earle of northumberland , and their complices , against king henry the fourth , anno . to reforme the state and government , relieve the church and common-weale , and depose king henry in and by a forced parliament . the s insurrection of the popish nobles against king stephen , for violating his oath , touching forests , and other immunities of church and common-wealth , which they would force him to confirme ; the severall t insurrections of jacke cade , jacke straw , wat tyler , and their popish v●lgar rabble , to force their king to call parliaments , to alter and repeale old lawes , enact new , displace offensive great officers , promote new on●es of their nomination , to ratifie what propositions they required , and subvert the government of the realme : with the u severall rebellions of the popish lincolneshire and yorke-shire men , under doctor mackarell , a monke , and some men of quality in henry the eighth his raigne ; of the cornish men , norfolke men , kent , and others in edward the sixth his rule ; of the popish earles of northumberland , westmorland , and other northerne papists in queene elizabeths dayes , by force of armes to compell these severall princes to summon parliaments to rep●ale all lawes against masse and popery , and for the establishment of the protestant religion , with other acts concerning the government of the common-wealth , to enact divers new lawes and propositions , which they demanded , to remove great officers and privie counsellors from their places , and the like . all which transcend the acts and proceedings of this or any other our protestant parliaments or subjects , being done without any preceding order or resolution of both houses , representing the whole kingdome , and against the generall consent of the people . but i shall conclude with one ancient precedent more , in one of our best kings reignes , in e. . x the lords and commons in parliament grievo●sly complained and petitioned to the king●against divers taxes , tallages , and prisages wherewith they were oppressed by him , to the great impoverishing of the realme ; against the violation of magna charta , the charter of the forest , the imposition upon wools , and their summons to goe with him into flanders , to which they were not bound by law. the king excusing these taxes , by reason of his necessity to maintaine the warres , and giving them a dilatory answer : the earle marshall , and hereford withdrew themselves from parliament , and with their complices , commanded the barons of the eschequer not to ●evie the eighth penny of the people , granted to the king at saint edmonds ; and induced the citizens of london to joyne with them to recover their liberties . whereupon the king sending to them for peace , they would condescend to no peace but on these termes ; that the king should confirme magna charta , and charta de foresta , with the other articles to them annexed ; that he should exact and take ●o ●o aides , taxe , or tallage from the clergy or commons without their commo● consent in parliament , and that he should remit all offences to these earles , and their confederates , all which the king ratified by his y charter at large , by his oath , and by a solemne excommunication of the bishops twice every yeare , of all those who should transgresse this charter of his ; for which the laity gave him the ninth , and the clergy the tenth penny of their goods . and because this confirmation was made in scotland , the kings , and divers others promised for him , that he should confirme it when he came into england , which they pressing him to doe in a parliament at london , in the . yeare of his reign ; after some delaies , he ratified it with this addition in the close ; saving the right of our crowne , which when the lords heard , they departed home in great discontent ; but the king re-summoning them at quindena pasche , granted all things absolutely according to their desire , committing the per-ambulation of the forests throughout england to three bishops , three earles , and three barons , to settle their bounds according to god and justice : which not being speedily executed , but neglected ( the king having purchased a dispensation of his oath , wherewith he had ratified his foresaid charter , from the pope ) hereupon the king holding a parliament at stamford , the . of his reigne , the lords and barons repaired thither with great store of horses and arms , with a purpose to extort a full execution of the charter of the forests hitherto deferred : upon which the king , considering their earnestnesse and importunity , condescended to their will in all things . sixthly , parliaments , lords and prelates , in former times have affirmed ; that when a parliament was once met together by lawfull summons , it might not be dissolved or discontinued againe at the kings meere pleasure , till all the publike affaires for which it was called were dispatched , all grievances redressed , and all petitions exhibited therein , fully heard , and answered ; agreeable to the resolution of the great a councels of basil , constans , and divers popish * writers , that a generall councell once lawfully summoned by the pope and met , cannot be dissolved by him againe at his pleasure , without the councels consent , before all the churches affaires be therein setled : vpon which resolution these councels continued together and deposed sundry popes notwithstanding their buls to dissolve them , to keepe themselves in their chaires . this is apparent ; first by the ancient treatise , of the manner of holding parliaments in england : which informes us ; that the first day of the parliament , publike proclamations ought to be made in the city or towne where the parliament is kept ; that all those who would deliver petitions or bils to the parliament , should deliver them in a certaine time : that the parliament should not depart so long as any petition made thereto hangeth undiscussed or undecided , or at the least to which there is not made a determinate answer : the kings majesty being desirous of his grace and favour to give the subject redresse of any injury , not to suffer his people to goe unsatisfied . hence departing of the parliament ought to be in such manner . first , it ought to be demanded , yea and publickely proclaimed in the parliament , and within the pallace of the parliament , whether there be any that hath delivered a petition to the parliament , and hath not received answer thereto ? if there be none such , it is supposed that every one is satisfyed , or else answered unto at the least , so far forth as by law it may be . and then all may depart . hence it was , that in r. . c. , , , . divers petitions not read nor answered in parliament , by reason of shortnesse of time , and not determined sitting the parliament , were by special acts of parliament referred to divers lords and commons , to examine , answer , and plainely determine all matters contained in the said petitions , as they should thinke best by their good advise and discretion ; even out of parliament ; which they heard and determined accordingly , and made binding acts thereupon , as appeares by the statutes themselves . this doctrine was very well knowne to king iohn , henry the . edward the . richard the . henry the . and edward the . the parliaments which opposed , and deposed most of them , sitting and continuing sitting , both before and after their deposing , sore against their wills , as the fore-remembred histories manifest ; else no doubt they would have broken up all these parliaments at their pleasure , and never permitted such acts and judgements to passe against themselves , favorites , ill counsellours , pretended prerogatives , had they lawfull power to dissolve them , summoned in their names , or the parliaments actually determined by their depositions , or resignations , as we find they did not , and none ever yet held they did . king richard the . fearing the losse of his crowne , or some restraints by lawes , in the . yeare of his reigne , proposed this question among others , to his judges at nottingham castle ; which ( for ought i finde ) was never doubted before . b whether the king whensoever pleaseth him , might dissolve the parliament , and command his lords , and commons to depart from thence or not ? whereunto it was of one minde answered , that he may : and if any would proceed in the parliament against the kings will , he is to be punished as a traytor . for which opinion and others , some of these judges and lawyers ( as tresilian and blake ) were condemned of high treason the next parliament , r. . drawn upon a hurdle to tyburne , and there executed , as traytors to the king and commonwealth : others of them ( who delivered their opinions rather out of feare of death , and bodily tortures than malice ) were yet condemned as traytors , and banished the kingdome , onely their lives were spared . true it is , that the packed and over-awed parliament of r. . ( terrifyed by the kings unruly great guard of cheshire archers forementioned ) r. . c. . being specially interrogated by the king , how they thought of these answers of the judges , said ; that they thought they gave their answers duely and faithfully , as good and lawfull liege people of the king ought to doe : but yet the parliament of h. . ● . , . repealed this parliament of r. . with all its circumstances and dependents , revived the parliament of r. . with the judgements and proceedings , given against these trecherous temporising judges , as a thing made for the great honour and common profit of the realme . besides , the c statutes of king alfred , and edward the . ( which enact , that a parliament shall be holden once every yeare , and oftner if need be , for redresse of mischiefes and grievances which daily happen ) strongly intimate , that if a parliament ought in law to be called as often as neede is , of purpose to redresse the subjects grievances and mischiefes ; then it ought not in point of law to be dissolved , till these grievances , and mischiefes be redressed ; else the summoning of it would be to no purpose , and bring a great trouble and charge to the whole kingdome , without any benefit at all ; moreover , the king by his oath , is bound to doe equall justice and right to all his subjects in all his courts of justice : in magna charta c. . he makes this protestation ; we shall deny nor deferre to no man , either iustice or right : and by sundry other d acts , all the kings iudges are sworne and commanded , to doe even law and execution of right to all his subjectes rich or poore , without having regard to any person , and without letting or delaying to doe right for any letters , writs , or commandements that shall come to them from the king or any others , and shall doe nothing by vertue of them , but goe forth to doe the law , and hold their courts , and processes where the pleas and matters be depending before them , notwithstanding , as if no such letters , writs , or commandements , were come unto them . the makers therefore of these oathes and lawes ( in dayes of popery ) and the parliaments of e. . c. . e. . c. . r. . c. . r. . c. . which enact , that it shall not be commanded by the great seale or little seale , to delay or disturbe common right , and though such commandments doe come , the iustices shall not therefore leave to doe right in any point , that iustice and right be indifferently ministred to every of the kings subjects : did certainely beleeve , that the king neither by his great nor privy seale , nor by writ or letter could without just or lawfull cause assigned , prorogue or adjourne the terme or sitting of any courts of justice , much lesse prorogue or dissolve his highest court , and grand councell of the realme , the parliament , or disable them to fit to redresse the kingdomes and subjects severall grievances , or secure the realm from danger ; which if he might lawfully doe at his pleasure , without the houses joynt assents , there would necessarily follow , not onely a deferring and deniall , but likewise a fayler of justice in the highest court of justice ; which these acts disable the king ( who is so farre inferior to the law , that he cannot so much as delay the smallest proceedings of it in any court or session , by his supreame power , by any meanes whatsoever ) to effect in his meanest courts , much lesse then in the greatest ; from whence the subversion of lawes , liberty , justice , and the whole realme would ensue . if any therefore cavill at the act for continuance of this parliament , till both houses shall agree to adjourne or dissolve it ; or at the bill for trienniall parliaments , which when they meete , shall not be dissolved without their consents for fifty dayes space next after their first meeting : let them now learne , that this is no innovation , nor encroachment on the crowne , but an ancient priviledge of parliament , both claimed , practised , and resolved in times of popery , in an higher degree then now it is . and thus you see how in these particulars , the popish parliament , prelates , lords and commons in former times , have claimed and exercised farre greater priviledges and jurisdictions , than this or any other protestant parliament hath hitherto claimed or practised : which i hope , will forever silence the clamourous tongues of all ill counsellours , courtiers , royalists , malignants , papists , and cavaliers against the present parliament , of whose highest ( yet moderate ) proceedings , themselves alone have beene the occasions , and therefore ( of all others ) have least cause to complaine against them . but to returne againe to the first grand objection . thirdly , i answer , that the high court of parliament , and whole kingdome which it represents , may in divers respects be truely and properly said , to be the highest soveraigne power of all others , and above the king himselfe : which because it may seeme a dangerous paradox , and tends much to the vindication both of the priviledges , honour , and iurisdictions of our high court of parliament , ( now so much undervalued , because not really known to most ) and to the justification of the proceedings in this present parliament , which many out of ignorance and malice so much declaime against both by word and writing , in a most licentious manner ; i shall take a little liberty to demonstrate the truth of it , by such convincing reasons and authorities , as no rationall man ( i hope ) shall be able to contradict , but must necessarily submit to . first , it is undeniable that e the court of parliament hath a lawfull power , to question all the kings patents , charters , commissions , proclamations , grants , warrants , writs , and commitments whatsoever , whether they be legall ; yea to cancell or repeale them in case they be illegall , mischievous , or onerous to the subject , not onely without but against the kings consent , and mandate to the contrary ; as appeares by infinite precedents in this and all foremer parliaments , the scourges of monopolists , patentees and projectors , the pests of the commonwealth . the like power have all other courts of justice within the kingdome in some degree , when such charters and writs of the king are brought judicially before them , because they are courts of the law , to which the king and all his actions are and must be subject . now that which can thus question , cancell , disanull , revoke the kings owne royall charters , writs , commissions , patents , &c. though ratified with the great seale and regall power , even against his will , must certainely be a soveraigne power and authority , which in point of law and justice is superiour to the king. this is bractons resolution , l. . c. . f. . a , and fletaesl . . c. . where they affirme , the law and parliament to be above the king , because they may censure , judge , and rescinde the kings acts & charters , legally and judicially , even against his personall , though not legall will , which is the law. secondly , it is unquestionably true , that in all cases of difference betweene the king , and all or any of his subjects , though they concerne the kings prerogative and the highest branches thereof , the parliament is the supreamest and most proper judge , and its resolution ( from which there is no appeale to any higher tribunall ) shall finally binde not onely all the subjects , but the king himselfe , notwithstanding his owne personall disassent . this is manifest by the many late resolutions given in parliament against sundry patents , commissions , writs , charters , impositions , loanes , shipmoney , forest-bounds , marshall law , pressing and billetting souldiers , imprisonment by speciall command of the king or his privy counsell , tonnage and poundage , knight-hood and taxes , the commission of array , and the like , which obliege both king and subject ; the king in receiving justice , in such cases , being subject to the law as well as the meanest of his subjects ; as f bracton truely avers , against all royalists mistakes . now that which can thus finally conclude and binde the king himselfe , even volens nolens , in cases of highest concernment , entrenching farthest upon his prerogative royall , must doubtlesse be the most soveraigne power , superiour to the kings . and in this sence every court of justice , whose just resolutions , and every petty jury , whose upright verdicts obliege the king ( because warranted by the law which is paramount the king ( as bracton , g fleta , h fortescue , i king iames , k edward the confessor ; yea and l aristotle , resolve ) may be t●uely said to be above the kings person , which they binde ; but not above the parliament , which by its superlative power may examine all m judgements and verdicts , in other courts by way of error , or appeale , and reverse them if there be cause , when as the king in person cannot by law examine or reverse them , but onely in his courts of justice , by his judges . thirdly , parliaments oft times doe , and may as they see cause , enlarge the kings prerogative and royall power in sundry particulars , in which the king had no such jurisdiction before these acts ; witnesse the statute de praerogativa regis , the notable parliament roll of . h. . num . . where the commons in parliament grant the king , that he shall be in as great royall liberty as his noble progenitors were before him : having formerly made the like grant to king richard the second , who perverted it to the altering of the lawes in many things , as appeares by this roll. h. . c. , , . h. . c. , . h. . c , . , and h. . c. . h. . c. . h. . c. . . & e. . c. , . eliz. , . with sundry other acts. now that parliamentary power , which onely can create and conferre on kings a greater regall authority , and prerogrative than they had before ; must needs be the originall and supreame authority : for as we rightly argue m that the kings authority is superiour to all other his greatest officers and subordinate ministers of iustice , because their power is by patent , or commission derived from his : so we may from the selfe-same reason conclude , that the high court of parliaments power ( the representative body of the whole kingdome ) is the most primitive , soveraigne and greatest authority of all other , yea , larger and higher than the kings ; n because it onely can enlarge the kings prerogative , all whose originall or additionall royalties , proceeded not from the king himselfe , or his ancestors owne inherent hereditary power , ( for what king could justly without his peoples consents , usurpe a crowne or lawfull royall prerogative to himselfe , over an whole countrey ? ) but meerely from the voluntary consent and grant of his people in the parliament . this is irrefragably evident not onely by the various o kinds of kings ; where of some are of greater power and authority . others of lesse ; some by election , others by succession onely , by reason of their kingdomes & subjects original institution , by the divers alterations of the monarchy in this kingdome , which hath beene p sometimes divided into seven , sometimes into five , sometimes into three or two kingdomes , and at last reduced unto one ; by the great q changes and alterations made in all foraine realmes , which have sometimes multiplyed , sometimes diminished the number and power of their princes , and somtimes quite abolished the royall forme of government , changing it into an aristocraticall or popular rule , or dukedome : by the divine authority of s. peter , who in this regard calls kings and their supremacy , a r humane creature , or ordinance of man , because instituted , limited , and moulded into severall degrees of power by men over whom they reigne ; but likewise by two expresse determinations of aristotle in these termes , s regna patriis moribus & legibus fundata & confirmata sunt . and t verum regnum est imperium majo●ibus & praestantioribus viris voluntate civium delatum , seconded by u tully , livie , and others . it is the unanswerable argument of marius salamonius ( an * incomparable roman lawyer and philosopher ) in his lib. . de principatu , p. to . printed at paris , . cumprivilegio regis ; to prove , the whole kingdome and people the soveraigne power , greater than the prince , and the prince ( be he king or emperour ) inferiour unto them ; because he is not onely their servant , but creature too ; being originally created by , and for them . now as every creator , is of greater power and authority than its creature , and every cause greater then its effect : so the authority and power of the people which creates the prince and princely power , and augments or limits it as there is cause , must needs be greater , then the prince or royall power . who though he be greater than any private subject or magistrate , over whom he rules ; yet he is still inferiour to all the people and kingdome , whose servant or creature he is , and by whose authority he doth and manageth all things . and though principalities generally considered be of god ; yet the constitution of princes , and their severall degrees of power are meerely from men : for if the regall authority of kings were meerely from the law of god , or nature ( as many ignorant court doctors now preach and write ) it should be the same , and like it selfe in all kingdomes , the same among the romans , as parthians , scythians , medes , and other nations ; but it is not the same among all these nations , but different , such , qualis suo cuique placet populo , as every people pleaseth to prescribe and make choyce of ; the power , rights , and royalties of the kings of the parthians , medes , and scythians , being such as the parthians , medes and scythians please ; therefore the rights and prerogatives of the roman empire and emperours , ( and of the kingdom and king of england too ) such as the romans pleased , and prescribed by their lex regia : which he there prosecutes at * large . and it is the direct conclusion , not onely of this authour , but likewise of iohn mariana a spanish jesuite in his booke de rege & regis institutione , l. . c. . dedicated to king philip the third of spaine , and printed by his and the emperours speciall priviledge both in spaine and germany ; that the whole commonweale , kingdome and people , are of greater power and authority than the king ; as for other reasons , so for this , that he is but their creature , servant , and derives all his royall authority from them alone , not for his owne , but their service , and benefit , who may enlarge or restraine it as they see just cause . and not to trouble you with foraine authorities in this point , which are infinite ; i shall onely acquaint you with the resolutions of some eminent ancient lawyers of our owne . andrew horne , an eminent lawyer in edward the first his reigne , in his myrrour of iustices ; chap. . sect. . p. , , . writes thus of the originall institution of our english monarches . after that god had abated the nobility of the britaines , who rather used force than right , he delivered it to the most humble and simple of all the neighbour nations , the saxons ; who came from germany to conquer it , of which nation there have beene forty kings , all which held themselves to have companions . these princes called this land england , which before was named greater britaine . these after great warres , elected from among them a king to reigne over them , to governe the people of god , and to maintaine and defend their persons and goods in peace , by the rules of law ( or right : ) and at the beginning they caused the king to sweare , that he will maintaine the holy christian faith to the utmost of his power , and guide his people by law , without respect to any person , and shall be obedient to suffer ( or undergoe ) law , as well as others of his people . and afterwards this realme was turned to an heritage , according to the number of the companions , who divided the realme into . counties , and delivered each one a county to keepe and defend from enemies , according to every ones estate . and although the king ought to have no peeres in the land , yet because if the king of his owne wrong should offend against any of his people , neither he , nor any his commissaries , can be both judge and party ; of right it behoves , that the king should have companions , for to ●eare and determine in parliaments all the writs and plaints of the wrongs of the king , the queene , and their children , and of those especially , of whose wrongs they could not otherwise have common right . these companions are now called counts , after the latine comites ; and so at this day these countries are called counties , and in latine comitatus , &c. henry de bracton , who writ in henry the third his reigne , as in his forecited passages ; so in others , resolves ; x that the king is under the law , because the law makes him a king , by giving him dominion and power . now how doth the law thus make him a king , but by the parliament , the kingdomes great counsell ? by whose counsell and consent alone , all lawes were first enacted , and yet are , as the y same authour informes us , who further addes . that the king ought to be under the law , because christ whose vicar he is on earth , when be came to redeeme mankinde , made choyse of this way especially to destroy the workes of the devill , using not the strength of his power , but the reason of his justice , and so would be z under the law , that he might redeeme those that are under the law ; thus the virgin mary the mother of our lord , who by singular priviledge was above the law , yet to shew an example of humility , refused not to be a subject to legall ceremonies . so therefore the king , lest his power should remaine unbridled , there ought not to be a greater than he in the kingdome in the exhibition of justice ; yet he ought to be the least , or as the least in receiving judgement , if he require it . b that a king is created and elected , ( by whom but by his kingdome ? ) to this purpose , to doe justice unto all . c that a king cannot doe any thing else in earth ( seeing he is gods minister and vicar ) nisi id solum quod de jure potest : but that onely which he can doe by law. that god , the law , and his court ( to wit ) the earles and barons ( in parliament ) are above the king , and ought to bridle him , and are thence called comites , because they are the kings companions . fleta an ancient law-booke , written in king edward the third his reigne , l. . c. . & . useth the selfe-same words that bracton doth ; and concludes that the king hath a superior , to wit , god , and the law , by which he is made a king , and his court of earles and barons ; to wit , the parliament . fortescue a lawyer , chancellour to king henry the sixt , proves at large , that d the king of england cannot alter nor change the lawes of his realme , at his pleasure ; for why , be governeth his people by power not onely royall , but politique . if his power over them were royall onely , then he might change the lawes of his realme , and charge his subjects with tallage and other burthens , without their consent ; and such is the dominion the civill lawes purport , when they say ; the princes pleasure hath the force of a law. but from this much differeth the power of a king whose government over the people is po●itique ; for he can neither change the law without the consent of his subjects , nor yet charge them with strange impositions against their will. wherefore his people doe frankely and freely enjoy and recover their owne goods , being ruled by such lawes as themselves desire , neither are they pilled off their their owne king or any other . like pleasure also should the subjects ●ave of a king ruling onely by royall power , sol ong as he falleth not into tyranny , st. thomas in the booke he wrote to the king of cyprus , justifieth the state of a realme to be such , that it may not be in the kings power to oppresse his people with tyranny ; which thing is perfomed onely , when the power royall is restrained by power politique . rejoyce then o * soveraigne prince , and be glad , that the law of the realme wherein you shall succeed is such , for it shall exhibit and minister to you and your people no small security and content , chap. , , . he showes the different sorts of kings or kingdomes , some of greater , others of lesser power ; some elective , others successive ; proceeding meerely from the peoples free consents and institution , and that the ancient aegyptian , aethiopian , and other kings , were subject to , and not above their lawes , quoting sundry passages out of aristotle , concerning the originall of kingdomes . chap. . he proceeds thus : a people that will raise themselves into a kingdome or other politique body , must ever appoint one to be chiefe ruler of the whole body ; which in kingdomes is called a king. in this kinde of order , as out of an embryo ariseth a body naturall , ruled by one head , because of a multitude of people associated by the consent of lawes , and communion of wealth , ariseth a kingdome , which is a body mysticall , governed by one man as by an head . and like as in a naturall body , the heart is the first that liveth , having within it blood , which it distributeth among the other members , whereby they are quickned ; semblably in a body politique , the intent of the people is the first living thing , having within it blood ; that is to say , politique provision for the utility and wealth of the same people ; which it dealeth forth and imparteth as well to the head as to the members of the same body , whereby the body is nourished and maintained , &c. furthermore , the law under which a multitude of men is made a people , representeth the forme of sinews in the body naturall ; because that like as by sinews the joyning of the body is made sound ; so by the law , ( which taketh the name a ligando , from binding ) such a mysticall body is knit and preserved together , and the members and bones of the same body , ( whereby is represented the soundnesse of the wealth , whereby that body is sustained ) doe by the lawes , as the naturall body by sinewes , retaine every one their proper function . and as the head of a body naturall cannot change his sinewes , nor cannot deny nor with-hold from his inferiour members , cheir proper powers , and severall nourishments of blood : so neither can the king ( who is the head of the politique body ) change the lawes of that body , nor with-draw from the said people their proper substance against their wills or consents . for such a king of a kingdome politique , is made and ordained for the defence of the lawes of his subjects , and of their bodies and goods . whereunto he receiveth power of his people , so that hee cannot governe his people by any other law . chap. . be addes , no nation did ever of their owne voluntary minde incorporate themselves into a kingdome for any other intent , but onely to the end , that they might thereby with more safety then before mainetaine themselves , and enjoy their goods free from such misfortunes and losses as they stood in feare of . and of this intent should such a nation be defrauded utterly , if their king might spoyle them of their goods , which before was lawfull for no man to doe . and yet should such a people be much more injured , if they should afterwards be governed by foraine and strange lawes , and such peradventure as they deadly hated and abhorred , and most of all , if by those lawes their substance should be diminished ; for the safeguard whereof , as also for their honour , and of their owne bodies , they of their owne freewill submitted themselves to the governement of a king . no such power freely could have proceeded from them ; and yet if they had not beene , such a king could have had no power over them . and chap. . f. . he concludes thus . the king of england , neither by himselfe nor his ministers imposeth no tallages , subsidies or any other burthens on his lieges , or changeth their lawes , or make new ones without the concession or assent of his whole kingdome expressed in his parliament . thus and much more this learned chancellour in point both of law and conscience , sufficient to stop the mouthes of all malignant lawyers and royalists , being dedicated to and approved by one of our devoutest kings , and written by one of the greatest and learnedest officers of the kingdome in those dayes . in few words , f raphael holinshed , iohn vowell and others , in their description of england , printed cum privilegio , resolve thus of the parliaments power . this house hath the most high and absolute power of the realme , for thereby kings and mighty princes have from time to time beene deposed from their thrones , and lawes are enacted , and abrogated , offenders of all sorts punished , and corrupted religion , either disanulled or reformed . it is the head and body of all the realme , and the place where every particular man is intended to be present , if not by himselfe , yet by his advocate and atturney : for this cause any thing that is there enacted , is not to be withstood but obeyed of all men , without contradiction or grudge : and to be short , all that ever the people of rome might doe , either centuriatis comitiis , or tribunitiis , the same is and may be done by the authority of parliament . now the romans in their assemblies had power to enact binding lawes , to create and elect their kings and emperours , and likewise to judge , censure , and depose them ; to create and elect all kindes of officers , and to * change the very forme of their state and government ( as i shall hereafter manifest : ) therefore by these authours resolution , the parliament hath an absolute power to doe the like , when they see just cause . sir thomas smith one of the principall secretaries of state of king edward the . and queene elizabeth , and a doctor of law , in his common-wealth of england , l. . c. . in the old , but . in the last edition , hath the same words in effect with holinshed , and addes , that the parliament giveth forme of succession to the crowne , &c. our kings royall power being then originally derived to them , conferred on them by the peoples and kingdomes common consents in parliament , and all their new additionall prerogatives too , as the premises evidence , it cannot be denyed , but that the whole kingdome and parliament , are really in this sense above him , and the most soveraigne primitive power from whence all other powers were , and are derived . fourthly , this is undeniable , because the whole kingdome in parliament , may not onely augment , but likewise abridge , allay , abolish , and resume some branches of the kings royall power and prerogative if there be just cause , as when it becomes onerous , mischievous , or dangerous to the subjects , inconvenient to , or inconsistent with the kingdomes , peoples welfare , peace , safety , liberty , or the lawes ; this is most apparent by magna charta ; charta de foresta , statutum de tall agio non concedendo , articuli super chartas , confirmatio chartarum , e. . c. , . e. . c. . . e. . c. . e. . c. . e. . c. . e. . c. , . e. . c. . . e. . c. . e. . c. . stat. . c. , . & stat. . c. . . e. . c. . e. . c. . e. . c. . r. . c. . r. . c. . to . r. . c. . h. . c. . jac. c. . . h. . c. . the petition of right , caroli , most statutes against purveyens , pardons , protections , and for regulating the kings charters , grants , revenues : the acts made this parliament against ship-money , knighthood , forest-bounds , pressing of souldiers , the star-chamber , high-commission , the trienniall parliament , the continuance of this parliament , whiles they please , with g sundry other acts , which restaine , abridge , repeale , resume divers reall and pretended branches of the kings royall prerogative , because they proved grievous , mischievous , dangerous , pernicious to the people and kingdome . this then answers that irrationall , groundlesse position of doctor ferne ; that h the subjects neither lawfully may , nor ought in any case to resume all or any part of that regall power wherewith they have once invested their kings by common consent , though it prove never so mischievous , and be never so much abused to the peoples prejudice . which , as it is contrary to that received principle of nature and reason : eodem modo quo quid constituitur , dissolvitur , that all governments created by mens consents , especially being but officers in trust for their good and welfare onely ; to i sundry presidents and prophesies in scripture concerning the alterations , subversions , diminutions of kings and kingdomes ; to the constant practise of k all realmes , all states whatsoever , from adam till this instant , who have undergone many strange alterations , eclipses , diminutions , yea periods of government : to the resolution of l aristotle , and all other politicians , who hold all formes of government changeable and revocable , without any injustice , if necessary or convenient ; so likewise to the very end for which kings have regall power ( as well as other governours , and governements ) and for which they were ordained ; to wit , their kingdomes , peoples m welfare , safety , peace , protection , &c. salus populi , being not onely that suprema lex , but principall end for which all royall power was instituted by god and man , and to which it must submit in case it becomes incompatible , or inconsistent with the publique weale or safety : what therefore that learned father augustine bishop of hippo , long since resolved touching the ( now much contested for ) lordly state of episcopacy , which he and neere three hundred african bishops more , were then ready to lay downe for the churches peace ; i may fitly apply to the now over-much contended for supposed royall prerogatives of kings , to effect peace in our state , in these times of uncivill military ( that i say not bloody ) dissentions , raised about them betweene king and parliament , an● vero , &c. n what verily did our redeemer descend from heaven into humane members , and shall we , lest his very members he rent in pieces with cruell division , feare to d●scend out of out thrones ? we are ordained bishops for christian peoples sake , what therefore may profit them for christian peace , that let us doe with our bishoprickes . quod autem sum propter te sim , si tibi prodest , non sim , si tibi obest . what i am , i may be for thee , if it profit thee ; i may not be , if it be hurtfull to thee . if we be profitable servants , why doe we envy the eternall gaines of our lord for our temporall sublimities or prerogatives ? our episcopall dignity will be more fruitfull to us , if being laid downe it shall more unite the flocke of christ , than disperse it if retained . if when i will retaine my bishopricke i disperse the flocke of christ , how is the dammage of the flocke the honour of the shepherd ? &c. old statute lawes , yea the common law of england , though above the king and his prerogative , may be , and oft are repealed and altered by parliaments , when they become mischievous or inconvenient ; therefore by like or greater reason , may any branches of the kings prerogative , inferiour to these lawes , be restrained , yea resumed , when they prove grievous or dangerous to the subject : it is the kings owne professed maxime , in full parliament ; o ( printed and inrolled by his speciall command , in all his courts ) that the kings prerogative is but to defend the peoples liberties : when therefore it either invades or subverts them , it may justly , it must necessarily be restrained , diminished or resumed by the parliament , from whose assent or grant , it first proceeded , and that onely for the publique weale , not prejudice of the people . the emperour p otho the first , and our king richard and second ( as q some imagine ) voluntary resigned , relinquished their crownes , to their immortall honour , to prevent the effusion of their subjects blood , by civill warres , and settle peace within their realmes : and shall not other kings then most joyfully part with some punctilioes of their reall , or branches of their supposed prerogatives for the selfesame ends , if their parliaments see good cause to resume them , and of right may doe it ? fifthly , the king though he be the chiefe and principall ( yet he is onely one member of the parliament and kingdome , the least ( because but one person ) though the highest branch ; the lords and commons ( not elected by , but assigned counsellors to the king , by the kingdome and people ) being the greatest and most considerable part , as representing the intire body of the kingdome . now common reason , law , and experience manifests , and aristotle polit. l. . c. . with marius salamonius , de principatu , l. . p. , . conclude , that the whole , or greatest part in all politique or naturall bodies is of greater excellency , power , and jurisdiction , than any one particular member . thus in all our r corporations , the court of aldermen and common councell is of greater power than the mayor alone , though the chiefe officer : the chapter of greater authority than the deane , the deane and chapter than the bishop ; the whole bench , than the lord chiefe iustice , the whole councell than the president ; the whole parliament then either of the houses : and by like reason than the king ; especially , since one of the three estates is lesser than the three estates together ; who in parliament , by the fundamentall constitutions of the realme , are not s subordinate , but coordinate parts of the same great common-councell of the kingdome . it is aristotles expresse determination , t that in an oligarchie , aristocracie , and democracie , whatsoever seemes good to the major part of the governours of the common-wealth , that is ratified ; that the whole city , kingdome , family , is more excellent , and to be preferred before any part or member thereof . and that it is unfit the part should be above the whole : and in all courts of justice , corporations , and elections , u the major part have alwayes had the greatest sway , and constantly over-ruled the lesse , though it be but by one casting voyce ; as is evident to all in the elections of knights , and burgesses of , and votes in the parliament ; in which the x king , lords and commons , by the common law , make up but one intire corporation : since then even in parliament it selfe , the major part over-swayes the rest , yea the king himselfe ( who hath no absolute negative voyce , but onely in refusing to passe some kind of bills not all ( of which more hereafter ) doubtlesse the whole , or y major part of the parliament ( which in law is the whole ) is above the king , the chiefe member of it . which consideration , together with the statutes of r. . state. . c. . h. . c. . enacting , that none elected to be in any parliament shall depart or absent himselfe from the same parliament till it be fully ended or pro●ogued , without speciall license of the speaker of the commons to be entred of record in the journall booke , under paine of amercement , losse of wages , & other punishment ; nor * any member of the vpper house without that houses license under paine of inditement , imprisonment or fine ; as appeares by the bishop of winchesters case , e. . . fitz. coron . . and stamford , l. . c. . f. . compleatly answers that fond cavill of malignants and royalists against this parliament ; that the king and many of the other members have wilfully absented themselves from the house , ( of purpose to dissolve it if they could , notwithstanding the late speciall act made by their joynt consents for its continuance , ) ergo this unlawfull action of theirs ( to effect this pernicious designe ) must nullifie , or at least invalid ( in their new non-sence law and logicke ) the lawfull proceedings of those worthy faithfull members who continue in it , to preserve both parliament , kingdome , religion , lawes , liberties , from ruine and dissolution . if these absent members be the greater number , why doe they not come and over-vote the rest in the house in a peaceable , legall , usuall parliamentary way , rather than challenge them into the field in a military , illegall , unusuall bloody manner , unheard of in former ages ? if the lesser party , then present or absent the major part must over-rule them volens nolens , as it hath ever used , unlesse they will be wilfuller ( i cannot say wiser ) than all their predecessors put together . as for his majesties absence from the parliament by the pernicious advise of evill counsellors ; so much insisted on by malignants . i answer , first , that it was without any just cause given by the parliament . secondly , it was much against their wills , who have a oft importuned , petitioned , and used all possible meanes to procure his returne . thirdly , his absence was procured , and is yet continued by those alone , who most unjustly taxe the parliament for it , and would take advantage of this their owne wrong . fourthly , though he be personally absent as a man , yet he is still legally present in parliament , ( called the kings presence ) as he is a king ; as he is in all other his courts of justice , where all proceedings are entred , b coram rege , though the king never yet sate personally in either of them , as he hath oft times done in this parliament ; for the continuance whereof he hath passed such an act , as will inseparably tye his royall presence to it , though the cavaliers about him should be force with-draw his person from it , not onely as farre as yorke , but the remotest indies ; yea , he must first cease to be king of england , ere he can be legally absent from his parliament of england . this his wilfull personall absence from his greatest counsell which desires and needs it , is ( as many conceive ) an act of the highest injustice that ever any prince could offer of his parliament , worse than c rehoboams forsaking the counsell of his ancient sages , to follow the hare-brain'd advise of his young cavaelieres ; for though he followed not their ancient prudent counsell , yet he with-drew not himselfe from them , as his majesty now severs himselfe from his parliament , not only without but against all precedents of his royall predecessors , except king d richard the second ( who once absented himselfe from his parliament above forty dayes , yet then returned to it upon better advise ) and the very common custome and law of the land , ( which he is obliged by his coronation oath , and many late protestations added to it , constantly to maintaine . ) this appeares most clearely by the ancient treatise , of the manner of holding of parliaments in england , both before and since the conquest , ( * tendered to and approved by the conquerour himselfe , newly printed . ) which in the section , touching the kings absence from parliament , resolves thus . the king is bound by all meanes possible to be present at the parliament ; unlesse he be detained or let therefrom by bodily sicknesse , and then he may keepe his chamber , yet so as he lye not without the manour , or towne at the least , where the parliament is held : and then he ought to send for twelve persons of the greatest and best of them that are summoned to the parliament , that is , two bishops , two earles , two barons , two knights of the shire , two burgesses , and two citizens , to looke upon his person , to testifie and witnesse his estate , and give * authority to the arch-bishop of the place , the steward of england , and chiefe iustice , that they joyntly and severally should begin the parliament , and continue the same in his name , ( see h. . c. . cromptons iurisdiction . f. . a. . b. according herewith ) expresse mention being made in that commission , of the cause of his absence there , which ought to suffice . the reason is , because there was w●nt to be a cry and murmure in the parliament for the kings absence , because his absence is hurtfull and dangerous to the whole commonalty of the parliament , neither indeed ought , or may he be absent , but onely in the case aforesaid . and whereas malignants clamour , that most of the lords are absent as well as the king , and therefore this can be no lawfull parliament ; the same authour will informe them ; that if the lords be once summoned to parliament , and then appeare not , or absent themselves , the king may hold the parliament with the commonalty and commons of the kingdome ( every of which hath a greater voyce in parliament then the greatest earle in england , because he represents a whole county , towne , or city , the other himselfe alone ) without bishops , earles , or barons ; because in times past , before there was either bishop , earle , or baron , yet even then kings kept their parliaments ; but on the contrary , no parliament can be kept by the king and peeres , if all the commons ( for the kings misgovernment , or such like cause ) should absent themselves . this is the judgement of r master iohn vowel too , who writes in this manner : yet neverthelesse , if the king in due order have summoned all his lords and barons , and they will not come : or if they come , they will not yet appeare : or if they come and appeare , yet will not doe or yeeld to any thing , then the kings with the consent of his commons , may ordaine and establish any acts or lawes , which are as good , sufficient and effectuall , as if the lords had given their consents . but on the contrary , if the commons be summoned and will not come , or comming will not appeare , or appearing will not consent to doe any thing , illedging some just , weighty , and great cause ; the king in these cases d cannot with his lords devise , make , or establish any law. the reasons are these , when parliaments were first begun and ordained , there were no prelates or barons of the parliament , and the temporall lords were very few or none ; and then the king and his commons did make a full parliament , which authority was never hitherto abridged . againe , every baron in parliament , doth represent but his owne person , and speaketh in the behalfe of himselfe alone . but in the knights , citizens , and burgesses are represented the commons of the whole realme , and every of these giveth not consent onely for himselfe , but for all those also for whom be is sent . and the king with the consent of his commons had ever a sufficient and full authority , to make , ordaine , and establish good and wholesome lawes for the commonwealth of his realme . wherefore the lords being lawfully summoned and yet refusing to come , sit , or consent in parliament , cannot by their folly , abridge the king and the gommons of their lawfull proccedings in parliament . thus and more iohn vowel in his order and vsage how to keepe a parliament ; printed cum privilegio . and sir edward cooke , in his institutes on magna charta , proves that the lords and peeres in many charters and acts , are included under the name of the commons and commonalty of england . but we need not retire to this last doubtfull refuge ; the honourable faithfull lords now present , though not so many as could be desired , are the intire house of peeres in judgement of law , ( as those present at the election of knights of the shire , or burgesses ( though the major part be negligently or wilfully absent ) are the whole shire or burrough ) and the wilfull absence of the residue , though the greater number , being e contrary to law , contrary to the priviledges of parliament , and their late protestations , tending to the very subversion of parliaments ( for which high contempt they and their * posterities too , may justly be disabled for ever to sit as members of that house , which they have so dishonourably , if not treacherously , deserted , even as f well as knights and burgesses , whose personall attendance is so necessary , that if during the parliament , they absent themselves from it , about any businesses of their owne , without leave of the house , or be so sicke , or elected mayors of a towne , or any other judiciall officers , so as they cannot attend the service of the house , they may thereupon be lawfully expelled the house , and a new writ expressing the cause of their removall , shall issue for a new election of others in their places , to make the house compleat , as was resolved by the commons house , h. . br. parliament . ) can no more disable those now present from being a true and lawfull house of peeres , than the multitudes departing from the true church of god , to the fa●se , disprove it to be the true church of christ , g whose true flocke is but little . in a word h divers parliaments have beene kept and held , and * acts made without bishops or abbots heretofore , even while they were reputed members of the lords house , and one of the three estates in parliament ; therefore this parliament ( which hath taken away bishops votes for ever ) may be lawfully held , notwithstanding any lords or commons wilfull absence from it in person ; who yet as long as they are members of the parliament , shall still be adjudged legally present , whether they will or no. one puny judge in the courts of westminster may and doth usually give judgement , and make binding orders , though the chiefe justice and his fellowes be negligently or wilfully absent : much more then may the lords and commons now present , doe the like , in case of the kings and other members wilfull absence , of purpose to ruine both parliament and kingdome , against which they are now in armes , and have levyed open warre . sixthly , it is most apparent both by i scripture , the verdict of all k politicians and writers of note , the l statutes of our realmes and lawyers , that kingdomes , subjects , and parliaments , were not created by god for the wils , pleasures , profit or benefit of kings , who by birth and nature differ not at all from the meanest of their subjects ; but kings were at first constituted , and still continued for the protection , welfare , benefit , service of their kingdomes , parliaments , people , whose publicke servants , ministers , shepherds , fathers , stewards , and officers they are . now nature , reason , and m scriptures resolve , that he who is instituted meerely for the benefit and service of another ( as all the n creatures were created for mans use , and therefore are inferiour unto man in dignity and power ) is of lesse dignity , power , and jurisdiction , than the intire body of those for whose good he was instituted ; as the o servant is inferiour to his master ; the p wife to her husband , for whom they were created ; the mayor to the whole corporation ; and the king to his whole kingdome and parliament : which consideration hath caused sundry kings and emperours , not onely to adventure their lives in bloody battles , but to lay downe their crownes for the peace and safety of their subjects ; witnesse q otho the first , and others ; with the examples of moses , exod. . . to , . numb . . , to . of david , sam. . . chron. . . and iohn . . . with other precedents which i pretermit . and the reason is apparent , for if the king be slaine in defence of the kingdome or people , yet the kingdome and people may remaine secure , and another succeed him in that office of trust , ( in which respect a politique body differs from a naturall , that it hath life , continuance , and meanes to guide , defend , and order it selfe , though the king and head be cut off by death . ) but if the realme and people be destroyed , though the king survive them as a man , yet he must necessarily perish in and with them as a king , since he cannot possibly be a king without a kingdome and people ; for whose good and safety alone he was made a king. hence aristotle , polit. l. . c. . and marius salamonius , de principatu , l. . p. . define a principality , to be a just government for the benefit of the people , respecting onely the publique good and welfare , not its owne private advantage . hence plato de repub. l. . thus describes the office of a prince towards the common-wealth . that as he is a prince , he neither mindes nor commands what is advantagious to himselfe , but what is beneficiall to his subjects ; and whatever he saith or doth , he saith and doth it for the profit and honour of the republicke ; which cicero in his offices hath more elegantly thus translated ; as the defence , so the procuration of the common-weale is to be managed to be benefit of those who are committed , not of those to whom it is committed . and de finibus l. . a good and wise man , not ignorant of his civill office , is more carefull of the utility of all , than of any one , or of his owne : neither is a traytor to his country to be more dispraised , than a deserter of the common profit and safety , for his owne profit and safety . and the emperour * iustinian used this golden sentence . quod communiter omnibus prodest , hoc privatae nostrae utilitati praeferendum esse censemus ; nostrum esse proprium , subjectorum commodum imperialiter existimantes : imperialis benevolentiae hoc esse judicantes , in omni tempore subjectorum commodatam investigare , quam eis mederi procuremus . i shall conclude this with * salamonius his words . let the prince be either from god , or from men , yet think not that the world was created by god , and in it men , that they should serve for the benefit of princes ; for it is an absurdity , above what can be spoken , to opine that men were made for princes , since god hath made us free and equall : but princes were ordained , onely for their peoples benefit , that so they might innocently preserve humane and civill societie with greater facility , helping one the other with mutuall benefits : which he there largely proves by sundry histories and authorities . that of * peter matthew being a certaine verity . all the actions of a prince must tend to the good and health of his people , for whom he lives , and more than for himselfe , as the sun doth not shine and give heat , but for men , and the elements . the king then being made king , onely for the kingdomes , parliaments , peoples service , must needs ( in this regard ) be inferiour to , not paramount them in absolute soveraigne power ; though greater , * better than any particular subjects . seventhly , the parliament ( as our r law-bookes , and s writers resolve ) is the most high and absolute power , the supreamest and most ancient court of the realme of england , and hath the power of the whole realme , both head and body ; and among other priviledges this is the highest , that it is above the law it selfe , having power upon just grounds to alter the very common law of england ; to abrogate and repeale old lawes , to enact new lawes of all sorts , to impose taxes upon the people : yea , it hath power to declare the meaning of any doubtfull lawes , and to repeale all patents , charters , grants , and iudgements whatsoever of the king or any other courts of iustice , if they be erroneous or illegall , not onely without , but against the kings personall consent , so farre as finally to obliege both king and subjects . now it is cleare on the contrary side , that the king hath not the power of the whole realme vested in his person , that he t and his prerogative are not above , but subordinate to the lawes of the realme ; that he cannot by his absolute regall power , alter the common law of the realme in any particular point whatsoever , that he cannot repeale any old , nor enact any new law whatsoever , nor impose the least taxe or common charge upon his people , nor imprison their persons , distraine their goods , declare any law , or reverse any judgement in the meanest of his courts , without or against his peoples joynt consents in parliament ; for potest as sua iuris est & non injuriae ; & , nihil aliud potest rex in terris , nisi id solum quod de jure potest . bracton l. . c. . f. . therefore without any peradventure , the parliament in this regard is the most soveraigne authority , and greater in jurisdiction than the king. u iohn bodin that great lawyer and politician , resolves ; that the chiefe marke of an absolute and soveraigne prince is to give lawes to all his subjects in generall , and to every of them in particular without consent of any other greater , equall , or lesse than himselfe . for if a prince he bound not to make any lawes , without the consent of a greater than himselfe , he is then a very subject : if not without his equall , he then hath a companion ( as x bracton and others forecited , say our english king hath ; namely his earles and lords , thence stiled comites : ) if not without the consent of his inferiours , whether it be of his subjects , or of the senate , or of the people ; he is then no soveraigne . whence it followes , that the kings of england , who cannot make any law to obliege either all or any of their subjects , nor impose any taxes , nor repeale any common or statute law , but in and by their parliaments , are no absolute soveraigne princes ( as some royalists and court divines , most falsly averre them to be ) but meere mixt politique king , inferiour to their lawes and parliaments , the sole law-makers , law-alterers , though not against , but with the kings assent , considered not abstractively as kings , but copulative as a branch and member of the parliament . and indeed to speake impartially , though the kings royall assent y be generally requisite to passe and retifie lawes : yet i humbly conceive , that the originall , prime , legislative power of making lawes to binde the subjects and their posterity , rests not in the kings owne royall person , or jurisdiction , but in the kingdome , and parliament , which represents it . for first , admit the king should propound any lawes to his people ( as kings and law-givers usually did at first ) yet these lawes would not wayes obliege them , unlesse they voluntarily consented and submitted to them in parliament ; and the sole reason why our acts of parliament binde the subjects in former times , and at this day , is , not because the king willed them z but because the people gave their generall consents unto them in parliament , as sir thomas smith in his common-wealth of england , holinshed , the prologues to most ancient statutes , ( the king by the advise , and assent of the lords spirituall and temporall , and commons , and at the speciall request of the commons in parliament assembled , and by the * authority of the same parliament , doth grant and ordaine , &c. ) the kings coronation oath , quas vulgus elegerit and all our law-bookes resolve , and that upon this received maxime of law ; quod omnes tangit ab omnibus debet approbari . hence * marius salamonius defines a law to be , expressa civium conventio ; and averres , that ligatur populus suis legibus , quasi pactis conventis , quae verae sunt leges : and he likewise proves at large , that the lawes to which princes assent are more the peoples lawes than the kings , because kings doe passe and grant them but as the publicke ministers of the people , and by their command and direction , and they could neither assent to lawes , nor doe any other act of royalty unlesse the people had given them such authority : with which fortescue concurres , c. . , . the king in passing bils , doth but like the minister in marriage , declare it to be a law ; but it is the parties consents which makes the marriage , and the peoples onely that makes it a law to binde them ; whence those in a scotland , ireland , man , garnsey , and iersie are not bound by our english statutes , nor tenants in ancient demesne , as hath beene oft times judged ; because they consented not to them . therefore the chiefe legislative power is in the people and both houses of parliament , not in the king : as it was in the roman state , where the b people had the soveraigne jurisdiction of making and confirming lawes to binde them , not their kings , emperours , or senate , as i shall hereafter manifest . secondly , this appeares by the case of c customes , of by-lawes in corporations and manours , which binde all the corporation and tenants ( if they be reasonable ) without the kings or lords consents , by reason of their mutuall assents alone ; and as these private by-lawes oblige all those who consent to them by reason of their ownefree assents onely , so doe all publicke acts of parliaments obliege all subjects , onely because of their generall assents to them in their knights , citizens , and burgesses , elected by and d representing their persons . thirdly , all e bills or acts of parliament are usually made , framed , altered , thrice read , engrossed , voted and fully agreed upon in both houses , without the kings personall knowledge or privity for the most part , before they come to have his royall assent . and when they are thus agreed on by both houses , the king cannot alter any one word or letter in them ( as the houses may doe ) but must either absolutely as●ent to , or consider further of them . and if the king send any bill he desires to have passe , it must be thrice read and assented to in both houses ( which have power to reject , alter , enlarge , or limit it as they thinke meete ) else it can be no act at all . a cleare demonstration , that the chiefe power of enacting and making lawes is onely in the people , commons , and peeres , not the king : who by his writ doth purposely summon them to meete and enact lawes , as the chiefe legislators . witnesse this notable clause in the y writ for the election of knights , and burgesses : ita quodiidem milites plenam & sufficientem potestatem pro se & communitate comitatus praedicti , & dicti cives & burgenses pro se & communitate civitatum & burgorum praedictorum divisim ab ipsis habeant , ad faciendum et consentiendum his quae tunc & ibidem de communi consilio dicti regni ( not regis ) nostri contigerint ordinari super negotiis antedictis . ita quod pro defectu potestatis hujusmodi , &c. dicta negotia infecta non remaneant quovis modo : answerable to which is that clause in pope elutherius his epistle to our first christian king lucius , about an. . ex illis dei gratia , per consilium regni vestri sume legem , & per illam dei potentia vestrum reges britania regnum . fourthly , all publicke acts are the whole kingdomes lawes , not kings alone , made principally and solely for the subjects benefit , if good ; their prejudice , if ill : therefore the whole kingdome ( represented in and by both houses , not the king ) knowing much better what is good or bad for themselves , than the king alone , it is z just and reasonable that they , and not the king , should be the principall law-makers , to binde or burthen themselves with any new lawes , penalties or restraints . this is the ground of that notable rescript of the emperour theodosius to the roman senate ; which proves the roman emperours to have no right , nor power to declare or make lawes , but by the senates concurring assent and approbation , * humanum esse probamus , si quid de caetero in publica privatave causa emerser it necessarium , quod formam generalem & antiquis legibus non insertum exposeat , id ab omnibus autem tam proceribus nostri palatii , quam gloriosissimo caetu vestro , patros conscripti , tractari : & si universis tam iudicibus , quam vobis placuerit , tunc legata dictari ; & sic ea denuo collectis omnibus recenseri : & cum omnes consenserint , tunc demum in sacro nostri numinis consistorio recitari : ut universorum consensus , & nostrae serenitatis authoritate firmetur . scitote igitur , patres conscripti , non aliter in posterum legem a nostra clementia promulgandam nisi supradicta forma fuerit observata . bene enim cognoscimus quod cum vestro consilio fuerit ordinatum id ad beatitudinem nostri imperii et ad nostram gloriam redundare . therefore doubtlesse he deemed the senate the chiefe legislators , as knowing better than himselfe , what conduced to the beatitude of the empire , and to his owne imperiall honour , and never dreamed of any negative voyce annexed to his imperiality , to deny such acts as they once voted for usefull publicke lawes . fifthly , it is cleare , that all acts which give any subsidie , taxes , penalties , or forfaitures to the king , are made onely by the people in parliament , and not principally by the king , since the king cannot be said in any propriety to give any thing to himselfe . this is undenyable by the forme of penning all subsidie bills granted by the commons or clergy . your commons assembled in your high court of parliament , &c. humbly present your majesty with the free and chearefull gift of two entire subsidies , which we humbly beseech your majesty graciously to accept , &c. your majesties faithfull subjects the prelates and clergie , &c. with one agreement and uniforme consent , have given and granted , and by these presents doe give and grant to your highnesse , &c. foure intire subsidies , in manner and forme as followeth . and by the kings assent to these bills , a le roy remercy ses loaulz subjects accept lour benevolence , &c. the commons having the sole power to grant or deny b subsidies and taxes when they see cause , and to limit the proportion of them , the manner and time of paying them ; and to order how and by whom they shall be received and imployed ; as all acts of this nature manifest . if then they be the chiefe law-makers in these acts which lay any imposition upon the subjects goods , or restraint on his person ; then by like reason in all other penall publicke lawes . this is infallibly cleare by the kings * coronation oath ; who sweares , that he will grant , fulfill and defend all right full lawes and customes the which the commons of the realme shall chuse , and shall strengthen and maintaine them after his power . if the commons then are to chuse lawes , and the king by his oath bound to grant , strengthen , maintaine and defend them when chosen by them , then doubtlesse they are the chiefe legislators , not the king ; whence fortescue c. . resolves , that the people of england , are ruled by such lawes as themselves chuse or desire : and that their lawes are their owne , not the kings . seventhly , all acts of parliament made in the reignes of usurpers who have no title to the crowne , nor right to assent to lawes , are c firme and good in law , and shall binde the right heires to the crowne , as is evident by the lawes made by king iohn , henry the , , & . ( reputed usurpers by edward the . ) and richard the . acknowledged an usurper , whose lawes are yet in force . the reason is ( as is cleare by e. . c. . ) because these lawes , and all other judiciall acts in courts of justice , are the acts of the parliament and courts themselves , which are lawfull ; not of the usurping king , who is unlawfull . therefore certainely the legislative power is more in the parliament tha●● in the king , if not wholly in it , there being lawes and kingdomes before kings were . eightly , there are good and binding lawes in many aristocraticall and democraticall states ( as in d venice , the netherlands , geneva , florence , switzerland , and other republickes ) where there are no kings at all : yea , there were such obligatory lawes in bohemia , poland , sweden , spaine , hungary , and other realmes , before they were erected into kingdomes ; which remained in full force , and efficacy , and still bound both king and people after they became kingdomes ; and the e romans , athenians , lacedemonians lawes of old , made under their kings , survived and continued in their vigour , after their kings were abandoned , and the very forme of their states quite altered into an aristocracy ; yea the lawes made by the roman senate and people , continued in force after their emperours were erected ; and the very lex regia ( recorded by f salamonius ) which created , limited , and defined the very prerogative , power and authority of the roman emperours , was made onely by the senate and people , who by that law gave sometimes more authority to one emperour than to another ; and restrained the power of some emperours more than others , and subjecting them to some lawes from which they exempted others ; and therefore doubtlesse were the supreamest law-givers , and the soveraigne power above the emperour ) as g marius salamonius , and * bodin prove at large . and the emperour theodosius is not ashamed to professe as much in his edict to volusianus , in these termes : digna vox majestate regnantis legibvs alligatvm se principem profiteri : ad eo de avthoritate ivris nostra pendet avthorit as : & revera majus imperio est summittere legibus pincipatum . etoraculo praesentis edicti , quod nobis licere non patimvr , aliis indicamus . if then lawes may thus be made where there are no kings , by the peoples joynt consents alone ; if lawes enacted in a state before by consent it be made a kingdome , remaine in force after it is erected into a kingdome , and continue after it ceaseth to be a kingdom , only by and for the people , consenting to them ; as is evident by infinite , examples ; and the people , parliament , senate , have anciently made , and may make lawes even to binde their kings , and soveraignes themselves in points of their prerogative and power ; then doubtlesse they , and not kings are the chiefe soveraigne legislators ; and their royall assents to lawes , are no wayes essentiall to the very being of lawes , but rather a complementall ceremony . ninthly , admit the king should dye without heire , no doubt the kingdome and parliament have a just right either to alter the government , or dispose of the crown to what family they please ( as the constant practise of all kingdomes in such cases manifests , and d bishop bilson himselfe assureth us ; that all nations once members of the roman empire , when the right heires failed , were suffered to elect their governours , where they pleased , as the romans themselves might doe ) and no doubt they may make binding publike lawes during the inter-regnum : as the kingdome and estates of * aragon did during their inter-regnums . yea , if the king be an infant ( as henry the , henry the . edward . . and richard . with other our kings were , when the crowne descended to them ) or non compos mentis , or taken with a dead palsie or apoplexie , or an ideot by birth or age , or a monke professed , ( as e some kings have beene ) or absent in a pilgrimage to rome , or a voyage to the holy land , ( as the * lords and state assembled at the new temple , after the death of king henry the third , during his sonne king edward the . his absence in the holy land , proclaimed him king , swore fealty to him , caused a new seale to be made ; appointed ●it officers and ministers , for the custody of his treasure and peace , and proclaimed his peace throughout the realme ) or other remote foraine parts by reason of warres , as f divers of our kings heretofore have beene ; and so unable personally to consent to lawes ; no doubt in all such cases , the right of creating a protector to execute regall power , summon parliaments , assent to lawes , is onely in the g parliament , which may in these cases make any publicke acts without the kings personall presence or assent ; and the assent ; of the regent or protector , usually created by them , shall as firmely binde the king , as if he had personally consented , as is evident by all the acts of parliament passed during the minority of h henry the third , who was but nine yeares old ; edward the third , who was but thirteen ; richard the second , who was but eleven yeares of age ; henry the sixt , who was but nine moneths old ; edward the sifth , but twelve yeares ; henry the eight not eighteene yeares ; edward the fixt but nine yeares of age , when they began their reignes ; and so uncapable of giving any personall consent to lawes by themselves ( of which they could not judge , but by their protectors , ) and by all acts made in the absence of king i richard the first , edward the , , , . henry the . , , , , . and others out of the realme ; all good and binding lawes , as appeares by h. . c. . which altered , and h. . c. , which declareth the law in these particulars . a cleare demonstration , that the parliament is the most absolute supreame power , and law-giver , not the king. tenthly , the king hath little or no hand in making , but onely in assenting to lawes , when they are made by the houses ; as the usuall forme of passing acts ( le royle veult , the king wills ( or assents to ) it , not before , but after they have passed both houses , imports : which assent of his , if the bils be publike and necessary for the common good , is not meerely arbitrary at the kings will , but the king by oath and duty is bound to give it , and the lords and commons may in justice demand it of meere right , as i shall shew anon . his royall assent then , though it be the last act which compleates bils , and makes them lawes , yet since it is but an assent to a law formerly made by both houses , which he cannot alter in any point : yea , an assent , which the king in honour , law , justice , duty , by vertue of his coronation oath , is bound to give , as appeares by the prefaces of most statutes , the statute of provisours , e. . parl. . e. . and other acts ) it is so farre from proving the king the supreame power and law-giver , that it manifests the contrary , that this power principally resides in both the houses , not the king. eleventhly , the kingdomes soveraignty and supreame jurisdiction above the king is most apparent by those coronation oathes , which parliaments and the kingdome anciently , long before , or at leastwise in king edwards dayes , before and ever since the conquest , have prescribed to our kings ere they would accept of them for their soveraignes , of which i shall give you a short account . before the conquest , i read in n king edward the confessors lawes , not onely the office , but oath of the king of england , ( whom he and bracton oft stiles , gods and christs vicar upon earth ) thus excellently described . a king ought above all things to feare god : to love and observe his commandements , and cause them to be observed through his whole kingdome : he ought also to set up good lawes and customes , such as be wholesome and approved , such as be otherwise , to repeale them and thrust them out of his kingdome . item , he ought to doe iustice and iudgement in his kingdome , by the counsell of the nobles of his realme . all these things ought the king in his owne person to doe , taking his oath upon the evangelists , and the blessed reliques of saints ; swearing in the presence of the whole state of his realme ( as well of the temporalty as of the spiritualty ) before he be crowned of the archbishops and bishops . three servants the king ought to have under him as vassals , fleshly lust , avarice , and greedy desire , whom if be keepe under as his servants and slaves , he shall reigne well and honourably in his kingdome . he must doe all things with good advisement and pre●●e ditation : and that properly belongeth to a king : for hasty rashnesse bringeth all things to 〈◊〉 ; according to the saying of the gospell ; every kingdome divided in it selfe shall be brought to desolution . master o fox informes us , that william the conquerour through the peoples clamour promised to confirme this king edwards lawes , but the most part of them be omitted , contrary to his oath at his coronation . indeed , i finde not in * william of ma●●esbury , henry huntingdon , matthew paris , or westminster , that william the conquerour tooke this oath at his coronation ; but onely , that he was received by the clergie and people at london in great triumph , & ab omnibus rex acclamatus , and proclaimed king by them all , and then crowned : but roger de hoveden , and daniel out of him , are expresse in point ; that according to the accustomed forme , the bishops and barons of the realme tooke their oathes , to be his true and loyall subjects ; and he reciprocally , being required thereunto by aldred , arch-bishop of yorke , who crowned him , made his personall oath before the altar of the apostle saint peter , in the presence of the clergy and people ; that he would defend the holy churches of god , and the rectors of the same : likewise that he would govern all the people subject to him justly , and with royall providence : rectam legem statuere et tenere , ( which referres to future lawes ) that he would establish and observe righteous lawes ; and that he would utterly prohibit rapines , and unjust judgements . nor did he claime any power by conquest , but as a regular prince submitted himselfe to the orders of the kingdome ; desirous to have his testamentary title ( howsoever weake ) to make good his succession , rather than his sword ; the flattery of the time onely giving him the title of conquerour afterwards ; but himselfe not claiming it . but william soone after forgetting this his solemne oath , did ( as * speed with others write ) abrogate for the most part , the ancient lawes of the land , and introduce new hard lawes of his owne , written in the norman tongue , which the people understood not , and the iudges wrested at their pleasures , to the forfeiture of goods , lands , life . hereupon the nobility and natives , seeking to cast off these snares and fetters of his lawes , set up edgar atheling for their king and generall once again , & fell into a new conspiracy , raising great forces , & resolving to make the sword their judge . the king hereupon by lanfrankes advise , who as rehoboams sages , gave him counsell , somewhat to beare with their abuses , rather than hazard the ruine of all in fight , appointed a meeting at berkhamsteed , anno . where the king entring parley with the english nobility , did so farre winde himselfe into their good opinions , that they all forthwith laid downe their weapons . and he for his part fearing to lose the crowne with shame , which he had gotten with effusion of so much blood , gave his oath upon the holy evangelists , and the reliques of saint albane the martyr ( the same being ministred to him by abbot fredericke ) swearing to observe , and inviolably to keepe the ancient lawes of this land , and most especially those compiled by king edward the confessor ; though ( as the event soone shewed ) he little meant to doe as he promised . peace thus established ; this conference ended , and the kings oath received , the english armies disband themselves , as dreaming they had now good fortune by the foote , and hoping the greatest stormes of their dangers were past ; which presently proved but a vaine surmise . for king william having compounded with the danes , began extreamely to hate the english nobles , and with full resolution of their destruction , suddenly set upon them apart , which hee durst not attempt when they were united ; so that * slaying many , imprisoning others , and persecuting all of them with fire and sword , well was he that could be first gone . such little faith , or assurance is there in the solemne oathes and protestations of kings to their subjects ; which are seldome really performed , and intended onely as snares to intrap them , if they confide and rely upon them without any better security . a after the death of william the conquerour , william rufus his younger sonne , in the absence of robert the elder brother , hastens into england , to obtain the crown ; and finding the greatest part of the nobles against him ; he gave his solemne oath and faith to lanfranke arch-bishop of canterbury his tutor , that if they would make choise of him for their king , he would abrogate the over-hard lawes of his father , and promise to observe justice , equity and mercy throughout the kingdome in every businesse , and defend the peace and liberty of the church against all men ; and ease them of all hard taxes . upon which conditions , volentibus omnibus provincialium animis , by the voluntary consent and voyces of all , he was chosen and crowned king. which promise and oath he soone after brake ; saying , who is it that can fulfill his promises ? whereupon many of the nobles , levyed warre against him , adopting robert his elder brother king. b william rufus dying , henry the first his younger brother , in the life of robert the right heire assembling all the clergy and people together to london , to procure their favour and love to chuse him for their king and patron , he promised the reformation of those lawes , by which england had beene oppressed in the reignes of his father and brother . to which the clergy and nobles answered ; that if hee would with a willing minde reforme those rigorous lawes , remit the taxes imposed upon the subjects , and by his charter confirme those ancient lawes and customes which flourished in the kingdome in the time of holy king edward , they would unanimously consent to him , and consecrate him for their king. which he willingly assenting to , and affirming with an oath that he would performe ; he was by the assent both of clergy and people consecrated king at westminster , promising by oath , to confirme king edwards lawes , and renounce all oppression ; in pursuance whereof as soone as he was created , he by his charter confirmed and reformed divers lawes for the ease and benefit of his subjects , recorded at large by matthew paris , speed , and others . the beginning of this charter is observable . henry by the grace of god , of england , &c. know ye , that by the mercy of god , and common counsell of the barons of the kingdome of england , i am crowned king. and because the kingdome was oppressed with unjust exactions , i , out of respect to god , and the love i beare towards you all , make the church of god free , &c. and all the evill customes wherewith the kingdome of england was unjustly oppressed , i take from thence , which evill customes i here in part set downe . and in the end of his charter , he confirmed and restored to them king edwards lawes , with those amendments of them which his father made by the consent of his barons . after which , those lawes of his were published through all england , and ranulph bishop of durham banished the court and committed to the tower , for his oppression , bribery , and other crimes . henry deceasing c maude the empresse his right heire ( to whom the prelates and nobles had sworne fealty in her fathers life time ) was put by the crowne by the prelates and barons ; who thought it basenesse for so many and great peeres to be subject to a woman , and that they were freed of their oath by her marrying out of the realme , without their consents , and stephen earle of mortaine ( who had no good title ) assembling the bishops and peeres at london , promising to them an amendment of the lawes according to all their pleasures and liking , was by them all proclaimed king ; whereupon they all tooke their oathes of allegiance to him , conditionally ; to obey him as their king ; so long as hee should preserve the churches liberties , and keepe all covenants , and confirme them with his charter ; according to the old proverbe ; quamdiu habebis me pro senatore , & ego te pro imperatore . all this the king at his coronation swore , and promised to god , the people , and church to performe . and presently after going to oxford , he ( in pursuance of his oath ) there sealed his fore-promised charter of many indulgent favours : the summe whereof was this . that all liberties , customes , and possessions granted to the church , should be firme and in force ; that all bad usages in the land touching forests , exactions , and annuall taxes which his ancestors usually received , should be eternally abolished ; the ancient lawes restored ; prefacing therein , d that he obtained the crowne by election onely ; haec autem specialiter , & alia multa generaliter , se servaturum juravit ; sed nihil horum quae deo promiserat , observavit , write matthew paris , hoveden , and huntindon . pene omnia perperam mutavit , quasi ad hoc tantum jurasset , ut praevaricatorem sacramenti se regno toti ostenderet , saith malmesbury . * granting those immunities rather to blinde their eyes , than with any purpose to manacle his owne hands with such parchment chaines : such faith is to be given to the solemnest oathes of kings . but this his perjury was like to cost him his crowne , his prelates and peeres thereupon revolting unto maude . the form of king henry the second his oath i finde not ; onely i read e that upon his coronation he caused the lawes to be reformed , by advise of discreet men learned in the law , and by his proclamation commanded , that the good lawes of his grand-father henry should be observed and firmely kept throughout the realme . wherefore it is probable , he tooke the same oath that he did . f richard the first , succeeding , at his coronation in westminster church comming to the high altar , before the clergy and people tooke this solemne oath upon the holy evangelists , and many saints reliques . . that all the dayes of his life he would be are peace , honour , and reverence to god , and holy church , and the ordinances thereof . . that to the people committed to his charge , he would exercise right , iustice and equity . . that he would abolish naughty laws and customes if any were brought upon his kingdome ; and would enact good lawes , and thesame in good sort keepe , and without mal-engin . which oath most solemnely taken , baldwin arch-bishop of canterbury , standing at the altar , forbad him in the name of almighty god , to assume that honour , unlesse he had a full purpose to keepe what he had sworne ; whereunto richard assenting , and promising by gods helpe to performe all the premises without fraud ; with his owne hand humbly taking the imperiall crowne from the altar , delivered it to the archbishop , who set it on his head . g king richard deceasing , iohn his younger brother , to put by arthur the next heire to the crowne , came speedily out of normandy into england ; where the great assembly at northampton , to preserve their rights and liberties , were content to accept of him for their king , to yeeld fealty , and keepe faith and peace to king iohn upon condition onely , if he would restore to every of them their rights ; which , he afterwards violating it , was the occasion of great dissentions . comming to london to be crowned , hubert archbishop of canterbury , ( the pillar of the common-wealths stability , and incomparable for deepe reaching wisedome ) steps forth in the midst of all the bishops , lords , barons , and others there assembled at his coronation , and spake thus unto them . heare yee all , you are in discretion to know , that no man hath right , or any other fore-title to succeed another in a kingdome * unlesse first ( with invocation for grace , and guidance of gods spirit ) he be by the body of the kingdome thereunto chosen , and be indeed some choyce man , and picked out for some eminency of his vertues , according to the example and similitude of saul the first anointed king , whom god set over his people , though neither the sonne of a king nor of any royall descent . so after him likewise david the son of iesse ; the one for being valorous , and a person fitting royall dignity , the other for being holy and humble minded . to shew , that whosoever in a kingdome excelleth all in valour and vertue , ought to surmount all in rule and authority : yet so , as that , if any of the of-spring of a deceased king surpasseth others , it is fit joyntly to consent in election of such a one . this therefore we have spoken in favour of eminent earle john , who is present , the brother of our most illustrious king richard now deceased , wanting an heire of his body ; whom being provident , valiant , and truely noble , we having invocated the grace of the holy spirit , have all unanimously elected , as well in regard of his merits , as of his royall blood. neither durst any doubt or demurre on these things , knowing that the arch-bishop had not thus defined without cause . wherefore earle iohn , and all men approving this speech , they elected and assumed the earle for their king , and cryed out saying , let the king live . but the arch-bishop being afterwards demanded , why he had spoken these things ? answered , that he was assured by some divining foresight , that king john would worke the ruine of the kingdome , corrupt the crowne , and precipitate it into great confusion . and that he might not have the reines free to doe this , he ought to be chosen by election , not by succession . king iohn at this his coronation was involved in a threefold oath : namely , that hee should love holy church and its ministers , and preserve it harmelesse from the incursion of malignants ; that abolishing perverse lawes , he should substitute good ones , and exercise right judgement in the kingdome of england . after which he was adjured by the arch-bishop , in the behalfe of god , and strictly prohibited , not to presume to accept this honour unlesse he fully purposed in his minde , actually to fulfill what he had sworne . to which he answering , promised that by gods assistance he would bona fide keepe those things which he had sworne . after which he rightly setled the affaires of england by the counsell of his nobles , and then passed over into normandy . but how ill he kept this his oath , with others of this nature ; and how he violated the statutes of magna charta and de foresta , which he had confirmed with his hand , seale , oath , proclamations , the bishops excommunications , yea , the popes bull , within three moneths after he had confirmed them , and procured a dispensation of his oath , an abrogation of these lawes from the pope , making bloody warres upon his barons and subjects ( who confiding to those confirmations and royal promises expected no such strange performances ) spoyling , robbing , destroying his people every where , in the selfe-same manner as we now are plundered ; * the histories of his life too manifestly relate ; which oft put his crown in danger of utter losse , lewis of france being crowned king by the barons in his stead , who renounced their allegiance to him , for his perjuries and breach of faith and making warre upon them . iohn departing this life , his son henry being but . yeares old , was proclaimed king , through the perswasion of the earle marshall and of pembroke ( afterwards made his protector , ) who informed the lords and commons , h that though king iohn for his evill demeanours deserved their persecution and losse of his cowne , yet his young child , tender in yeares , was pure and innocent from his fathers doings . wherefore sith every man is to be charged with the burthen of his owne transgressions , neither shall the childe ( as scriptures teach ) beare the iniquity of his fathers , they ought of duty and conscience , to beare themselves mildly towards this tender prince , and take compassion of his age . and for as much as he was iohns naturall and eldest sonne , and ought to be their soveraigne , let us with one joynt assistance appoint him our king and governour , let us reneunce from us lewys the french kings sonne , and suppresse his people , which are a confusion and shame to our nation , and the yokes of their servitude let us cast from our shoulders . upon which perswasion● henry was presently proclaimed and crowned king at glocester : and though he were but an infant , yet being i set before the high altar , he swore before the clergy and people upon the holy evangelists and divers saints reliques , ioceline bishop of bath dictating the oath ; that he would beare honour , peace and reverence to god , to holy church and priests , all the dayes of his life . he likewise swore , that he would maintaine right justice among the people committed to his charge ; and that he would blot out ill lawes and unjust customes , if there should be any in the kingdome , and observe good ones , and cause them to be kept by all men : how well he observed this solemne oath , with many others of like nature made to his lords and subjects , for confirmation of magna charta , and their liberties , k matthew paris will informe us ; who writes , that the king in all his oathes and promises did so farre transgresse the bounds of truth , that the prelates and lords knew not how to hold this proteus , the king ; for where there is no truth , there can be no fixed confidence : that though be sometimes humbled himselfe , confessing that he had beene often bewitched by ill counsell , and promised with a great oath solemnely taken upon the altar and coffin of saint edward , that he would plainely and fully correct his former errors , and graciously condescend to his naturall subjects good counsell ; yet his frequent preceding breaches of oathes and promises , se penitus incredibilem reddiderunt , made him altogether incredible , so that ( though he usually heard three masses every day , but seldome any sermons ( as l walsingham notes ) yet none would afterwards beleeve him , but ever feared and suspected his words and actions , and to avoid the infamy of perjury , which he feared , he sent to the pope to absolve him from his oathes he repented of , who easily granted him an absolution . such faith , such assurance is there in the oathes , the protestations of princes to their subjects ; whose politicke capacities oft times have neither soule nor conscience , and seldome keepe any oathes or promises , no further than it stands with their owne advantages , reputing onely pious frauds , to over-reach and intrap their credulous people . this perfidiousnesse in the king , made his long reigne full of troubles , of bloody civill warres , and oft times endangered the very losse of his crowne and kingdome , as our historians informe us , for which he repented and promised amendment at his death . m bracton an antient lawyer in this kings daies , writes . that the king in his coronation ought by an oath taken in the name of iesus christ , to promise these three things to the people subject to him . first , that he will command and endeavour to his power , that true peace shall be kept to the church and all christian people in his time . secondly , that he will prohibit rapines ( or plunderings ) and all iniquities , in all degrees . thirdly , that in all judgements he will command equity and mercy , that so god who is gracious and mercifull may bestow his mercy on him , and that by his justice all men may enjoy firme peace . for ( saith he ) a king is sacred and elected ( to wit , by his kingdome ) for this end , to doe justice unto all ; for if there were no justice , peace would be easily exterminated , and it would be in vaine to make lawes , and doe justice unlesse there were one to defend the lawes , &c. the forme of the kings coronation & oath ever since edward the second hath beene this , and is thus administred . p the metropolitan or bishop that is to crowne the king , with a meane and distinct voyce shall interrogate him , if he will confirme with an oath the lawes and customes granted to the people of england , by ancient , just , and devout kings towards god , to the same people , and especially the lawes , and customes , and liberties granted by glorious king edward to the clergie and people . and if he shall promise that he will assent to all these ; let the metropolitan or bishop expound to him , what things he shall sweare , saying thus . thou shalt keepe to the church of god , to the clergie and people , peace intirely , and concord in god , according to thy power ; the king shall answer , i will keepe it . thou shalt cause to be done in all thy judgements , equall and right justice , and discretion , in mercy and verity , according to thy power : he shall answer ; i will doe it . thou grantest just lawes and customes to be kept , and thou dost promise . that those lawes shall be protected and confirmed by thee to the honour of god , quas vulgus elegerit , which the people shall chuse , according to thy power : he shall answer ; i doe grant and promise . and there may be added to the foresaid interrogations , what other things shall be just . all things being pronounced , he shall with an oath upon the altar presently taken before all , confirme that he will observe all these things . there hath beene a late unhappy difference raised betweene the q king and parllament about the word elegerit ; the parliament affirming the word to signifie , shall chuse ; according to sundry written rolles and printed copies in latine and french ; the king on the contrary arffiming , it should be hath chosen ; but he that observes the words of these ancient oathes : populo tibi commisso rectam justiciam exercebis , malas leges & iniquas consuetudines , si aliquae fuerint in regno tu● , delebis , & bonas observabis , all in the future tence : and the verbes , serva●is , facies fieri , protegend●s , corroborandas in the former and same clauses of the oath now used , all of them in the future , with the whole scope , intent and purport of this part of the oath , must necessarily grant , shall chuse , to be the true reading ; and that it referres to the confirmation of * future lawes , to be afterwards made in parliament , not to those onely in being when the oath was administred ; else kings should not be obliged by their oathes , to keepe any lawes made after their coronations by their owne assents , but onely those their predecessors assented to , not themselves , which were most absurd to affirme . but because i have largely debated this particular , and given you an account of our kings coronation oathes from king richard the seconds reigne downeward , in my following discourse , and debate of the kings pretended negative voyce in passing bils in parliament , i shall proceed no further in this subject here . from these severall oathes and passages , the usuall forme of the nobles proclaiming such and such kings of england , the r fore-cited histories ; the manner of our kings coronation thus expressed in the close roll of r. . n. . afterwards the archbishop of canterbury having taken the corporall oath of our lord the king , to grant and keepe , and with his oath to confirme the lawes and customes granted to the people of the kingdome of england , by ancient , just , and devout kings of england , the progenitors of the said king , and especially the laws , customes and freedomes granted to the clergy and people of the said kingdome , by the most glorious and holy king edward , to keepe to god and the holy church of god , and to the clergy and people , peace and concord in god entirely , according to his power , and to cause equall and right iustice to be done , and discretion in mercy and truth , and also to hold and keep the just lawes and customes of the church ; and to cause that by our said lord the king they should be protected , and to the honour of god corroborated , which the people should justly and reasonably chuse to the power of the said lord the king : the aforesaid archbishop , going to the foure sides of the said scaffold , declared and related to all the people , how that our lord the king had taken the said oath , inquiring of the same people , if they would consent to have him their king and liege lord ? who with one accord consented thereto . which * thomas of walsingham who relates the whole forme of this kings coronation thus describeth . quibus completis , archiepiscopus praecedente eo marescallo angliae henrico percy , convertit se ad omnes plagas ecclesiae , indicans populo regium juramentum & quaerens si se tali principi ac rectori subjicere , & ejus jussionibus obtemperare vellent , et resonsumesta plebe resono clamore , quod lubenter sibi parere vellent . which custome both before and since hath been constantly in this land observed at the coronation of our kings : from all these i say it is apparent : first , that popish parliaments , peeres , and subjects , have deemed the crowne of england not meerely successive and hereditary , though it hath usually gone by descent , but arbitrary and elective , when they saw cause , many of our kings comming to the crowne without just hereditary title , by the kingdomes , peeres , and people free election onely confirmed by subsequent acts of parliament , which was then reputed a sufficient right and title ; by vertue whereof they then reigned and were obeyed as lawfull kings , and were then and yet so acknowledged to be ; their right by election of their subjects ( the footsteps whereof doe yet continue in the solemne demanding of the peoples consents at our kings inaugurations ) being seldome or never adjudged an illegall usurpation in any parliaments : whence the statute of e. . c. . & e. . f. , declares king henry the . . and . to be successively kings of england indeed , and not of right , yet not usurpers because they came in by parliament . onely richard the third , ( who treacherously murthered edward the . his soveraigne , and violently usurped his crowne , at first , before any parliament gave it him , compelling the lords and commons afterwards to elect him king out of feare , after his slaughter in bosworth field , ) was declared an usurper by act of parliament hen. . c. . and so adjudged to be by h. . f. . see e. . c. &c. e. . f. , . and henry the . had the crown set upon his head in the field , by my lord stanly , as though ( saith s grafton ) he had been elected king by the voyce of the people , as in ancient times past in divers realmes it hath been accustomed . secondly , that those kings who have enjoyed the crown by succession , descent , or election , have still taken it upon the conditions and covenants contained in their coronation oathes ; which if they refused to sweare to the peeres and people , really and bona fide to performe , they were not then to be crowned or received as kings , but adjured in the name of god to renounce this dignity . and though in point of law , t those who enjoy the crowne by succession , be kings , before their coronations ; yet it is still upon those subsequent * conditions both contained in their coronation oathes , which impose no new but onely ratifie the old conditions in separably annexed to the crown by the common law , ever since edward the confessors daies , and long before , as father * littleton resolves , ( the office of a king being an office of the greatest trust of any other , which the common law , binds the king well and lawfully to discharge , to doe that which to such office belongeth to doe ) as the oathes of all our kings to their people ; really to performe these articles and conditions , fully demonstrate . thirdly , that these oathes are not meerely arbitrary or voluntary at the kings pleasure , to take or refuse them if he will , but necessary and inevitable , by the law , and constant usage of the realm , yea of all v christian most pagan realms whatsoever , which prescribe like oathes to their kings . from a●l which i may firmely conclude , that the whole kingdome and parliament are the supreame soveraigne authority , and paramount the king , because they * may lawfully , and d●e usually prescribe such conditions , termes , and rules of governing the people to him , and bind him thus by oath , faithfully to perform the same , as long as he shall continue king ; which oath our kings usually tooke , or at least faithfully promised to take to their subjects in ancient times , before ever they did or would take an oath of fealty , homage or allegiance to them , as the premises evidence , & claus. rot. r. . m. . tenthly , our parliaments and kingdome anciently in times of popery , and paganisme have both challenged and exercised a supreame power over the crowne of england it selfe , to transferre it from the right heire , and setle it on whom themselves thought meete to elect for their king ; and likewise to call their kings to an account for their mis-government , and breach of oath to the prejudice of their people , so farre as to article against them , and either by force of armes , or a judiciall sentence in parliament , actually to depose them , and set up others in the throne , as the * fore-cited presidents , ( of archigallo , emerian , two ancient brittish kings , of edwin king of mercia , and others deprived of all honour and kingly dignity , by the unanimous consent of their subjects for their tyranny , oppression , male-administration , vicious lives , and others elected and made kings in their places ) evidence , which acts of theirs they then reputed just and legall . i shall cite you onely two presidents of this kind , which have meere relation to parliaments . the first is that of * king edward the second , who being taken prisoner by his queen , sonne , nobles , for his male-administration ; the queen , with her sonne by the advice of her councell , summoned an high court of parliament at westminster in the kings name , which began the day of january , an. . in which assembly it was declared , that this realm could not continue without an head and governour , and therefore first , they agreed to draw into articles the mis-government of the king that was in prison , and all his evill doings , which he had done by evill and naughty counsell . and when the said articles were read and made knowne to all the lords , nobles , and commons of the realme , they then consulted how the realme should be governed from thenceforth . and after good deliberation , and consultation of the foresaid articles of the kings evill government , they concluded : that such a man was not worthy to be a king , nor to we are a crowne royall . and therefore they all agreed , that edward his eldest sonne , who was there present , and was rightfull heire , should be crowned king in stead of his father , so that he would take about him sage , true , and good councell , and that from thenceforth the realm might be better governed then before it had been . and it was also agreed , that the old king his father should be well and honestly kept as long as he lived , according to his estate . all these things concluded , they elected his son edward king in the great hall at westminster , with the universall consent of the people there present ; and the archb. of canterbury thereupon makes there a sermon on this text , vox populi , vox dei : exhorting the people , to invoke the king of kings for him they had then chosen . it was further ordered and agreed , that during the parliament time , a solemne message should be sent to the king to kenelworth castle , ( where he was kept prisoner ) to declare unto him not only the determination of the three estates concerning his deposing from the kingdome , but also to resigne unto him in the name of the whole realme , all their homage that before time they had done him : and to doe this message , there was certaine select persons chosen by the parliament , namely , the bishops of winchester , hereford , and lincoln , two earles , two abbots , foure barons , two iustices , three knights for every county , and for london , the cinqueports , and other cities and burroughes , a certaine chosen number , with the speaker of the parliament , whose name was sir william tr●ssell : who comming into the kings presence told him , that the common-weale had received so irr● concileable dislikes of his government , the particulars whereof had been opened in the assembly at london , that it was resolved never to indure him as king any longer . that notwithstanding , those dislikes had not extended themselves so farre , as for his sake to exclude his issue , but that with universall applause and joy , the common-weale had in parliament elected his eldest sonne , the lord edward for king . that it would be a very acceptable thing to god , willingly to give over an earthly kingdome for the common good and quiet of his country , which they said could not otherwise be secured . that yet his honour should be no lesse after his resignation then before it was ; onely him the commonweale would never suffer toraigne any longer . they finally told him , that unlesse he did of himselfe renounce his crowne and scepter , the people would neither endure him , nor any of his children as their soveraigne ; but disclaiming all homage and fealty , would elect some other for king , who should not be of the blood . this message strucke such a chilnesse into the king , that he fell groveling to the earth in a swoun ; which the earle of leicester and bishop of winchester beholding , run unto him , and with much labour recovered the halfe dead king , setting him on his feet : who being come to himselfe , the bishop of hereford running over the former points , concludes , saying , as in the person of the commonwealth , that the king must resigne his diadem to his eldest sonne ; or , after the refusall , suffer them to elect such a person as themselves should judge to be most fit and able to defend the kingdome . the dolorous king having heard this speech , brake forth into sighes and teares , & made at the last this answer , to this effect , that he knew , that for his many sinnes he was fallen into this calamity , and therefore had the lesse cause to take it grievously . that he much sorrowed for this , that the people of the kingdome were so exasperated against him , as that they should utterly abhor his any longer rule and soveraignty : and therefore he besought all that were there present , to forgive and spare him being so afflicted . that neverthelesse it was greatly to his good pleasure and liking , ( seeing it could none other be in his behal●e ) that his eldest sonne was so gracious in their sight , and therefore he gave them thanks for chusing him their king. this being said , then was a proceeding to the short ceremonies of his resignation , which principally con●isted in the surrender of his diadem and ensignes of majesty to the use of his sonne the new king. thereupon sir william trussell the speaker , on the behalfe of the whole realm , renounced all homage and allegiance to the said edward of carnarvan , late king , in these words following , i william trussell , in the name of all men of this land of england , and of all the parliament procurator , resigne to thee edward the homage that was sometimes made unto thee , and from this time now forward i defie thee , and depriue thee of all royall power , i shall never be attendant to thee as king after this time . after which king edward the third being solemnly crowned , proclaimed his peace to all his people in these words : edward by the grace of god , king of england , lord of ireland , and duke of aqui●ane , to n. n. our sheriffe of s. greeting : because the lord edward our father , late king of england , by the common counsell and assent of the prelates , earls , barons , and other the chiefe men and whole commonaltie of the kingdom , did voluntarily remove himselfe from the government thereof ; willing and granting that we , as his eldest sonne and heire , should take upon us the rule and regiment of the same : and we , with the counsell of the prelates , earls , and barons aforesaid , yeelding therein to our fathers good pleasure and will , have taken upon vs the governanse of the said kingdome , and as the manner is , have received the fealties and homages of the said prelates and peeres . we therefore desirous that our peace for the quiet and calme of our people should be inviolably observed , do will and command you , that presently upon sight of these presents , you cause our peace to be proclaimed throughout your bayli-wick , forbidding all and every one on our behalfe , under paine and perill of disinheritance , and losse of life and limbs , not to presume to violate or infringe our said peace , but that every one pursue or follow his actions and complaints without any manner of outrage , according to the laws and customs of our kingdome : for we are ready and alwayes will be , to administer full right to all and singular complaints , as well of poore as rich , in our courts of iustice. the second * president is , that of king richard the second , who being taken prisoner by henry duke of lancaster , an. . the duke soone after , on the thirteenth of september called a parliament in the kings name , wherein was declared , how unprofitable king richard had been to the realme during his reigne , how he subverted the lawes , p●lled the people , ministred iustice to no man , but to such as pleased him . and to the intent the commons might be perswaded , that he was an unjust and unprofitable prince , and a tyrant over his subjects , and therefore worthy to be deposed ; there were set forth certaine articles ( to the number of . or . as some record ) very hainous to the eares of many : some whereof i have * formerly recited , and the residue you may read in hall , grafton , haywood , trussell , and others . after which richard was charged with the foresaid articles , there was an instrument made declaring his answers , and how he consented willingly to be deposed ; the tenor of which instrument was as followeth . this present instrument made the munday the . day of september , and feast of saint michael , in the yeere of our lord god , . and the . yeere of king richard the second , witnesseth that where by the authority of the lords spirituall and temporall of this present parliament , and commons of the same , the right honourable , and discreet persons hereunder named , were by the said authority assigned to goe unto the tower of london , there to heare and testifie such questions and answers as then and there should be by the said honourable and discreet persons heard . know all men to whom these present letters shall come , that we , sir richard scroop archbishop of york , iohn bishop of hereford , henry earle of northamberland , ralfe earle of westmerland , thomas lord of barkly , william abbot of westminster , iohn prior of canterbury , william thirning , and hugh burnell knights , and iohn markham justice , thomas stowe , and iohn burbage doctors of the law civill , thomas fereby and denis lopham notaries publike , the day and yeer abovesaid , betweene the houres of eight and nine of the clock before noone , were present in the chiefe chamber of the kings lodging within the said place of the tower , where was rehearsed to the king by the mouth of the foresaid e. of northumb. that before time at conway in north wales , the king being there at his pleasure and liberty , promised unto the archbishop of canterbury , then thomas arundell . and unto the said earle of northumberland , that for insufficiency which he knew himselfe to be of , to occupie so great a charge as to governe this realm of england , he would gladly leave off , and renounce the right and title , as well of that , as of his title to the crowne of france , and his majestie , unto henry duke of hertford ; and that to doe in such convenient wise , as by the learned men of this landit should most sufficiently be by them devised and ordained . to the which rehearsall the king in our said presences answered benignly and said , that such promise he made , and so to the same he was at that houre in full purpose to perform and fulfill , saving that he desired first to have personall speech with the said duke , and with the archbishop of canterbury his couzens : and furthermore , he desired to have a bill drawn of the said resignation , that he might be made perfect in the rehearsall thereof . after which copy by me the said earle delivered , we the said lords and others departed . and upon the same afternoone the king desired much of the comming of the duke of lancaster , at the last the said duke , with the archbishop of canterbury , entred the foresaid chamber , bringing with them the lord ros , the lord burgeiney , & the lord willoughbie , with divers others : where after due obeysance done by them unto the king , he familiarly and with a glad countenance to us appearing , talked with the said archbishop and duke a good season . and that communication finished , the king with a glad countenance in presence o● us , and the other above rehearsed , said openly , that he was ready to renounce and resigne all his kingly majestie in manner and forme as he before seasons had promised : and although he had and might sufficiently have declared his renouncement by the reading of another meane person , yet he for the more surety of the matter , and for the said resignation should have his full force and strength , he therefore read the scroll of resignation himselfe in manner and forme as followeth . in the name of god , amen . i richard by the grace of god , king of england and of france , and lord of ireland , acquit and assoile all archbishops , bishops , and other prelates secular or religious , of what dignity , degree , state , or condition that they be of ; and also all dukes , marquesses earles , barons , lords , and all mine other liege men both spirituall and secular , of what manner of name or degree they be from their oath of fealty and homage , and all other deeds and priviledges made unto me , and from all manner of bonds of allegeance and regality or lordship , in the which they were or be bound to me , or in any otherwise constrained , and them their heires and successours for evermore from the same bonds and oaths i release , deliver , acquit , and let them for ever be free , dissolved and acquit , and to be harmlesse for so much as belongeth to my person , by any manner way or title of right that to me might follow of the foresaid things or any of them : and also i resigne all my kingly dignity , majesty , and crowne , with all the lordships , power , and priviledges to the foresaid kingly dignity and crown belonging , and all other lordships and possessions to me in any manner of wise pertaining , what name or condition they be of , out take the lands and possessions for me and mine obite purchased and bought . and i renounce all right and colour of right , and all manner of title of possession and lordship which i ever had or have in the same lordships and possessions , or any of them , or to them , with any manner of rights belonging or appertaining unto any part of them : and also the rule and governance of the same kingdome and lordships , with all ministrations of the same , and all things , and every of them , that so the whole empire and iurisdictions of the same belongeth of right , or in any wise may belong : and also i renounce the name , worship , and r●gality , and kingly highnesse , cleerly , freely , singularly , and wholly in the most best manner and forme that i may , and with deed and word i leave off and resigne them , and go from them for evermore , saving alway to my successors kings of england , all the rights , priviledges and appurtenances to the said kingdome and lordships abovesaid belonging and appertaining : for well i wote and acknowledge , and deem my selfe to be and have bin unsufficient and unable , and also unprofitable , and for mine open deserts not unworthy to be put down : and i sweare upon the holy evangelists here presently with my hands touched , that i shall never repugne to this resignation , dimission , or yeelding up , nor never impugne them in any manner by word or by deed , by my selfe , nor by none other ; nor i shall not suffer it to be impugned in as much as in me is , privily nor apart : but i shall have , hold , and keep this renouncing , dimission , and leaving up for firme and stable for evermore in all and in every part thereof , so god me helpe and all saints , and by this holy evangelist by me bodily touched and kissed : and for more record of the same , here openly i subscribe and signe this present resignation with mine owne hand . and forthwith in our presences , and other , subscribed the same , and after delivered it to the archbishop of canterbury , saying , that if it were in his power , or at his assignment , he would that the duke of lancaster there present should be successour and king after him . and in token thereof , he took a ring of gold from his finger , being his signet , and put it upon the said dukes finger , desiring and requiring the archbishop of yorke , to shew and make report unto the lords of the parliament of his voluntary resignation , and also of his intent and good minde that he bare toward his cousin the duke of lancaster , to have him his successour and king after him . and this done , every man took their leave , and returned to their own . upon the morrow following , being tuesday , and the last day of september , all the lords spirituall and temporall , with also the commons of the said parliament , assembled at westminster , where , in the presence of them , the archbishop of yorke , according to the kings desire , shewed unto them seriously the voluntary renouncing of the king , with also the favour which he ought unto his cousin the duke of lancaster for to have him his successour : and over that shewed unto them the scedule or bill of renouncement , signed with king richards hand . after which things in order by him finished , the question was asked first of the lords , if they would admit and allow that renouncement ? the which when it was of the lords granted and confirmed , the like question was asked of the commons , and of them in like manner affirmed . after which admission it was then declared , that notwithstanding the foresaid renouncing so by the lords and commons adm●tted , it were needfull unto the realme , in avoiding of all suspicions and surmises of evill disposed persons , to have in writing and registred the manifold crimes and defaults before done by the said richard late king of england , to the end that they might be first openly shewed to the people , and after to remain of record among the kings records . the which were drawn and compiled , as before is said , in . articles , and there shewed readie to be read : but for other causes then more needfull to be preferred , the reading of the said articles at that season were deferred and put off . then forsomuch as the lords of the parliament had well considered this voluntary renouncement of king richard , and that it was behovefull and necessary for the weale of the realme to proceed unto the sentence of his deposall , they there appointed by authority of the states of the said parliament , the bishop of saint asse , the abbot of glastenbury , the earle of glocester , the lord of barkley , william thyrning justice , and thomas erpingham ▪ and thomas gray knights , that they should give and beare open sentence to the kings deposition : whereupon the said commissioners laying there their heads together , by good deliberation good counsell and advisement , and of one assent agreed among them , that the bishop of saint asse should publish the sentence for them , and in their names , as followeth . in the name of god , amen . we john bishop of saint asse or assenence , john abbot of glastenbury , richard earle of glocester , thomas lord of barkley , william thyrning iustice , thomas erpingham and thomas gray knights , chosen and deputed speciall commissaries by the three estates of this present parliament , representing the whole body of the realme , for all such matters by the said estates to us committed ; we understanding , and considering the manifold crimes , hurts , and harmes done by richard king of england , and misgovernance of the same by a long time , to the great decay of the said land , and utter ruine of the same shortly to have been , ne had the speciall grace of our lord god thereunto put the sooner remedie , and also furthermore adverting the said king kichard , knowing his own insufficiency , hath of his own meere voluntarie and free will renounced and given up the rule and government of this land , with all rights and honours unto the same belonging , and utterly for his merits hath judged himselfe not unworthy to be deposed of all kingly majesty and estate royall , we , the premisses well considering , by good and diligent deliberation , by the power , name , and authoritie to us as aboue is said committed , pronounce , discerne , and declare the same king richard before this to have beene , and to be unprofitable , unable , unsufficient , and unworthy to the rule and governance of the foresaid realms , lordships , and all other app●rtenances to the same belonging : and for the same causes we depriue him of all kingly dignitie and worship , and of any kingly worship in himselfe . and we depose him by our sentence definitiue , forbiding expresly to all archbishops , bishops , and all other prelates , dukes , marquesses , earles , barons , and knights , and to all other men of the aforesaid kingdom and lordships , or of other places belonging to the same realmes and lordships , subjects and lieges whatsoever they be , that none of them from this time forward , to the foresaid richard as king and lord of the foresaid realmes and lordships , be neither obedient nor attendant . after which sentence thus openly declared , the said estates admitted forthwith the same persons for their procurators , to resigne and yeeld up to king richard all their homage and fealty which they have made and ought unto him before times , and for to shew unto him , if need were , all things before done that concerned his deposing . the which resignation a● that time was spared , and put in respite till the morrow next following : and anon , as this sentence was in this wise passed , and that by reason thereof the realme stood void without head or governour for the time , the said duke of lancaster rising from the place where he before sate , and standing where all might behold him , he meekly making the signe of the crosse upon his forehead and upon his breast , after silence by an officer was commanded , said unto the people there being , these words following : in the name of the father , sonne , and holy ghost , i henry of lancaster claime the realme of england and the crowne , with all the appurtenances , as i that am descended by right line of the blood , comming from that good lord king henry the third , and through the right that god of his grace hath sent to me , with the helpe of my ki●●e and of my friends to recover the same , which was in point to be undone for default of good governance and due iustice. after which words thus by him uttered , he returned & set him down in the place where he before had sitten . then the lords perceiving and hearing this claim thus made by this noble man , either of them frained of other what he thought ; and after a distance or pause of time , the archbishop of canterbury having notice of the lords minde , stood up and asked the commons if they would assent to the lords , which in their mindes thought the claime by the duke more to be rightfull and necessary for the wealth of the realm , and of them all . whereunto they cryed with one voice , yea , yea , yea after which answer , the said archbishop going to the duke , and setting him upon his knee , had unto him a few words : the which ended , he rose , and taking the duke by the right hand , led him unto the kings seat , and with great reverence set him therein , after a certaine kneeling and orison made by the said duke , e●e he were therein set . and when the king was thus set in his throne ▪ to the great rejoyceing of the people , the archbishop of canterbury began there an oration o● collation in manner as after followe●h : * vir dominabitur in populo , r●gum cap. . these be the words of the high and most mighty king , speaking to samuel his prophet , teaching him how he should chuse and ordaine a governour of his people of israel , when the said people asked of him a king to rule them . and not without cause may these words be said here of our lord the king : that is , for if they be inwardly conceived , they shall give unto us matter of consolation and comfort ▪ when it is said that a man shall have lordship and rule of the people , and not a childe , for god threatneth not us as he sometime threatned the people by esay . esay . i fhall saith our lord , give children to be their rulers and princes and weake or fearfull shall have dominion over them . but of his great mercy hee hath visited us . i tru●t his peculiar people , and sent us a man to have the rule over us , and put by children , that before time ruled this land after childish conditions , as by the works of them it hath right lately appeared , to the great disturbance of all this realme , and for want and lack of a man : for as saith the apostle paul , in . cor. . when i was a childe i savoured and spake as a childe ; but at the time when i came to the state of a man , then i put by all my childish conditions . the apostle saith , he savoured and spake as a childe in whom is no stedfastnesse or constancy ; for a childe will lightly promise , and lightly he will breake his promise , and doe all things that his appetite giveth him unto , and forgeteth lightly what he hath done . by which reason it followeth , that needs great inconvenience must fall to that people that a childe is ruler and governour of ; nor is it possible for that kingdom to stand in felicity where such conditions reigne in the head and ruler of the same . but now wee ought all to rejoyce , that all such defaults bee expelled , and that a man and not a childe shall have lordship over us , to whom it belongeth to have a sure reine upon his tongue , that he may be knowne from a childe , or a man using childish conditions ; of whom i trust i may say as the wise man saith in his proverbs , blessed be the man that hath wisdome , and that aboundeth in prudence : for that man that is ruled by sapience , must needs love and dread our lord god ; and whoso loveth and dreadeth him , it must consequently follow , that he must keep his commandements . by force whereof he shall minister true justice unto his subjects , and do no wrong nor injury to any man , so that then shall follow the words of the wise man , which he rehearsed in proverbs . the blessing of our lord god shall alight upon the head of the king , being a just and right wise man , for the tongue of him worketh not iniquity and injustice , but the tongue of the wicked and sinners covereth iniquity ▪ and who that worketh or ministreth justice in due order , he not only safe guardeth himselfe , but also holdeth the people in a surety of restfulnesse , of the which ensueth peace and plenty : and therefore it is said of the wise king solomon , eccles. . blessed and happy is that land , of which the king or ruler is noble and wise , and the princes be blessed that live in his time . as who would say , they may take example of him to rule and guide their subjects ; for by the discretion of a noble and wise man , being in authority , many evils are sequestred and put apart , and all dissemblers put unto silence ; for the wise man considereth well the great inconveniences which daily now grow of it , where the childe or insipient drinketh the ●weet and dilicious words unadvisedly , and perceiveth not intoxication which they be mingled or mixt with , till he be invironed and wrapped in all danger , as lately the experience thereof hath been apparent to all our sights and knowledges , and not without the danger of all this realm , and all was for lacke of wisdome in the ruler , which deemed and taught as a childe , giving sentence of wilfulnesse and not of reason ; so that while a childe reigned , selfe will and lust reigned , and reason with good conscience was outlawed , with justice , stedfastnesse , and many other vertues . but of this perill and danger wee be delivered by the especiall help and grace of god , because he that now ruleth is not a childe , but perfect in reason , for he commeth not to execute his owne will , but his will that sent him , that is to wit , gods will , as a man unto whom god of his abundant grace hath given perfect reason and discretion to discerne and deem as a perfect man ; wherefore of this man we shall not onely say , that he shall dwell in wisdome , but as a perfect man , and not a childe , he shall thinke and deem , and have such circumspection with him , that hee shall diligently forelooke and see that gods will be done , and not his : and therefore now i trust the words of the wise man , eccles. . shall be verified in our king , saying , a wise and discreet iudge shall now deeme his people , and the dominion or lordship of a discreet wise man shall stand stedfast ; whereupon shall then follow the second verse of the same chapter , saying , like as the head and soveraigne is replenished with all sapience and vertue in guiding of his people , administring to them law with due and convenient iustice , so shall the subjects be garnished with awe and loving dread , and beare unto him , next god , all honour , truth , and allegiance . so that then it may bee concluded with the residue of the foresaid verses , such as the ruler of the city is , such then be the inhabitants of the same : so that consequently it followeth , a good master maketh a good disciple : and likewise , an evill king or ruler shall lose his people , and the cities of his kingdome shall be left desolate and uninhabited . wherefore thus i make an end , in stead of a childe , wilfully doing his lust and pleasure without reason , now shall a man be lord and ruler , that is replenished with sapience and reason , and shall governe the people by skilfull doings , setting apart all wilfulnesse and pleasure of himselfe ; so that the word that i began with , may be verified in him , ecce quia vir dominabitur in populo , the which our lord grant , and that he may prosperously reign unto the pleasure of god , and wealth of his realm . amen , the which oration being thus finished , and the people answering with great gladnesse , amen . the king standing upon his feet , said unto the lords and commons present . sirs , i thanke you , my lords spirituall and temporall , and all the states of this land , and doe you to understand , that it is not my will that any man think that by the way of conquest i would disinherit any man of his heritage , franchise , or other rights that he ought to have of right , nor for to put him out of that which he now enjoyeth , and hath h●d before time by custome of good law of this realm , except such private persons as have beene against the good purpose and the common profit of the realme . and this speech thus finished , all sheriffs and other officers were put in their authorities , which season for the time that the kings sea was void , and after every man departed . and at afternoon were proclamations made in accustomary places of the city in the name of king henry the fourth . and upon the morrow following , being wednesday , and the first of october , the procurators abovenamed went unto the tower of london , and there certified richard of the admission of king henry : and the foresaid justice , william thyrning , in the name of the other , and for all the states of the land , gave up unto richard late king , all homage and fealty unto him before him due , in like manner and forme as before i have shewed to you in the deposition of king edward the second . and thus was this prince deprived of all kingly dignity and honour by reason of his evill counsell , and such unlawfull wayes and meanes as he by his insolency in his realme suffered to be used , when he had reigned two and twenty yeers , three moneths , and eight dayes . so fabian and others verbatim . those parliaments then and nationall assemblies , which have thus disposed of the crown and kings themselves , and exercised such jurisdiction over them , must certainly be above them , and the highest soveraigne power . true it is , our protestant p●eres , commons and parliaments , never challenged nor exercised such jurisdiction ▪ and i presume they will not doe it . however , it is neither honourable nor safe for kings , and the most destructive policy their ill counsellors can suggest unto them , so farre to oppresse their subjects , or exasperate their parliaments , as to provoke them to use the extremity of their soveraigne power , and revive dead sleeping presidents for their reliefe ; the consideration whereof when they were fresh , made succeeding kings more just and moderate in their governments , and reclaimed many vitious oppressing princes , as * archigallo and others witnesse . we know what solomon saith , y surely oppression maketh a wise man mad ; and if kings or their evill instruments shall so far mad their subjects and parliaments ( either by oppressions , rapines , misgovernment , destroying , making warre upon them , or putting them out of their protections ) as to make them cry out as they did against king iohn . z iohannes factus est de rege tyrannus , imo de homine in bestialem prorumpens feritatem . vae tibi iohanni regum ultime ; anglorum principum abominatio , nobilitatis anglicanae confusio : heu anglia vastata , & amplius vastanda , &c. whereupon presently ens●ed , a nolumus hunc regnare . tandemque decretum est , ut aliquem potentem in regem eligerent , per quem possint ad possessiones pristinas revocari , eradextes quod nullus iohanne peier , vel durior p●ssit dominari , & tale miserabile statuentes argumentum . — fortuna miserrima tuta est , nam timor eventus deterioris abest . cumque aliquandiu , quem eligerent haesitassent , demum in hoc pariter consenserunt , ut ludovicum filium philippi regis francorum sibi praeficerent , & ipsum in regem angliae sublimarent ; which they did , to king johns , their own , and the whole kingdomes great prejudice . we know what the ill advise of rehoboams rough evill counsellours produced , chron. . and the king answered the people roughly after the advice of the young men , saying : my father made your yoake heavy , but i will adde thereto ; my father chastised you with whips , but i will chastise you with scorpions . and when all israel saw , that the king would not hearken unto them , the people answered the king ( though some say he came to the crown by succession ) saying , what portion have we in david ? and we have none inheritance in the sonne of iesse ; every man to your tents o israel : and now david , see to thine owne house . so all israel went to their tents , and elected ieroboam for their king , and fell away from the house of david to this day , being never after united to it , but continuing a distinct kingdome from it . this grosse impoliticke maxime of ambitious princes , now so much cryed up and prosecuted : aut caesar , aut nullus , hath utterly unkinged , ruined hundreds of kings and emperours , with their families ; and deprived them not onely of their crownes but lives , as it did * caesar himselfe , with many of his successors , whose tragicall ends should deter all other princes from their destructive , aspiring , tyrannous counsels , courses , maximes . wherefore the best policy kings can use , to perpetutate their thrones to them and their posterity , is to treate their subjects so , a as may win their hearts and affections , and not to straine their pretended prerogatives beyond the bounds of law ; this being a most certaine experimented rule which b aristotle ( the prince of politicians ) gives ; that there are two intestine causes most perilous and frequent of all others , by which a kingdome is usually lost , and subverted . the first is , if the nobles and people dissent from the king himselfe . the second , if kings will reigne tyrannically , and usurpe a greater domination or prerogative , then the lawes of their kingdomes give them , then he addes , verily a kingdome is preserved by contrary remedies , specially , by a moderate kinde and temperate forme of government . c for by how much the m●re moderate the king shall be , and contented with smaller and fewer prerogatives , by somuch the more constant and longer-lasting shall his kingdome necess●rily be ; for by this meanes it recedes farther from the domination of tyrants , and it comes nearer to the equability of manners and humanity of life , and is lesse envyed by his subjects , which he proves by the notable speech and example of king theopompus . and indeed this is the principall policy which god himselfe hath prescribed a king , to prolong his dayes in his kingdome , he and his children after him ; to keepe all the words of this law , and those statutes to doe them , ( that is , to governe himselfe and his subiects onely by law , not power ) to doe justice and judgement , avoid oppression , & not to lift up his heart above his brethren ; as if they were his vassals and not men , not christians of the same kinde and quality as himselfe is . wherefore i shall close up this with old bractons resolution . d potestas itaque regis , juris est , & non injuriae . exercere igitur debet rex potestatem iuris sicut dei vicarius & minister in terra : quia illa potestas * solius dei est : potestas autem injuriae , diaboli & non dei : cujus horum operum fecerit rex , ejus minister erit , cujus ope●a fecerit . igitur dum facit justitiam , vicarius est regis aeterni , minister autem diaboli dum declinat ad injuriam . * dicitur enim rex à bene regendo , non à regnando : quia rex est dum bene regit . tyrannus dum populum sibi creditum violenta opprimit dominatione . temperet igitur potentiam suam per legem , quae fraenum est potentiae , quod secundum leges vivat quia hoc sanxit lex humana ; quod leges suum ligent latorem ; & alibi in eadem , * digna vox majestate regnantis est , legibus alligatum se principem profiteri . item , nihil tam proprium est imperii quam legibus vivere : et majus imperio est legibus submittere principatum ; & merito debet retribuere legi , quia lex tribuit ei ; facit enim lex quod ipse sit rex . item , cum non semper oporteat regem esse armatum armis sed legibus , addiscat rex sapientiam & conservet justitiam . ( all which is notably seconded by judge fortescue , de laudibus legum angliae , c. . t● . . worthy any princes serious perusall : ) and thus doing , neither he nor his posterity need feare this supream prerogative power of parliaments , which hath laine dead and buryed for many ages ; et pereat positum rubigine telum . . all papists e attribute farre more divine authority and soveraigne iurisdiction over emperours , kings , princes , kingdomes , subjects , to the pope their lord and god , whom they make the supreame monarch of the world and all kingdomes in it , and give him greater authority to summon , ratify , and dissolve generall councels , then ever any christian king or emperour , challenged or usurped : yet those who maintaine these paradoxes of the popes supremacy , confesse f that a generall councell is above the pope ; and may upon just cause ( though they all plead his soveraignety to be jure divino , and his person most sacred , terming him his holinesse , in the abstract ) not onely convent and censure the pope for his misdemean●urs , but likewise actually depose him , and set up another in his stead , as the councels of pisa , constans , basil , ( which deposed foure popes , namely , gregory the . benedict the . iohn the . and eugenius the fourth ) the councell of chalcedon against pope leo , the councell of sinuessa against pope marcellinus ; the sixth , seventh , and eighth generall councels against honorius , the councels of g wormes and brixia against hildebrand , the councell of pisa , summoned an. . of purpose to depose pope iulius for his perjury , experimentally manifest , and h sundry popish writers acknowledge . now the councell of basil ( as i shewed * before ) defined , that the whole kingdome or parliament hath as great power over their kings , as a councell hath over the pope : therefore by papists verdicts they are above the king in point of soveraigne power , as a councell is above the pope : which iohn mariana , de rege & regis instit. l. . c. . to . professedly proves at large . . that court which may lawfully censure , question , depose , banish , execute the kings greatest favorites , officers , judges , yea lord protectors themselves , the highest peeres of the realme , ( notwithstanding such are said to be i gods , k ordained of god , gods , ministers , to l decree iudgement by god , to be the higher powers , &c. in scripture , as well as kings ; ) and that not onely with , but against the kings good will ; must questionlesse be the highest power and jurisdiction in the realme , else the kings and their authorities might protect them against its justice . but the parliament may lawfully censure , question , depose , banish , execute all or any of these , not onely without , but against the kings consent ▪ witnesse the proceedings in parliament against m willam longchamp , bishop of ely , chiefe justitiar , lord chancellor , and vice-roy of england , in richard the first his reigne , during his absence in the holy land , ) from which offices he was by the peeres and commons deposed for his misdemeanour , and oppressions . n pierce gaveston and the two hugh spencers , in edward the seconds reigne , of banished by parliament , and violently put to death , though the kings highest officers , and darling minions . o michael de la pole , with other great officers , and favourites to king richard the second , condemned , deprived of their offices , banished and executed by the peeres in parliament , together with tre●ilian , belknap , and their fellow judges , who misadvised him in point of law : p humphrey duke of glocester , protector to king henry the sixt , arrested of high treason in a parliament at bury , and there murdered ; q cardinall wolsey , that powerfull favourite to king henry the eight , accused and put from his chancellorship and other offices by the parliament ; r the duke of sommerset , lord protector to king edward the sixt , accused and attainted of high treason in parliament , for which he lost his head ; the great earle of strafford lord deputy of ireland , who lost his head this parliament for treason , full sore against his majesties and the queenes wills , with infinite others mentioned in our stories and records : nay queenes themselves have undergone the censures of parliament , ( of which we have sundry precedents in s king henry the eight his reigne ) not onely to divorce , but losse of their very heads ; and shall any delinquent then thinke to be protected by any power against the parliaments justice now ? . not to menion the parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants , and of the extraordinary traine and expences of the kings owne court , and gifts ; for which i finde these following presidents , with others ; collected by mr. william noy himselfe , ( as is reported ) his majesties late atturney generall , an. . in a manuscript , entituled , a declaration , &c. passing under his name . * anno , ed. . the houshould was reformed by the petition of the people . an. r. . the houshold was brought to such moderation of expense as may be answerable to the revenue of the crown , in and by parliament . anno. & r. . the commons petition was , that the excessive number of the kings meniall servants may be remedied , or else the realme would be utterly undone , and that his houshould might not exceed the ordinary revenue of the realme . anno h . the people crave a reformation of the kings house ; & anno . that he would dismisse some number of the retinue , since it was now more chargeable and lesse honourable then his progenitors ; and that the ancient ordinances of the houshold , in ●ase of the people might be kept , and the officers of the houshold sworne to put the ordinances and statutes in due execution ; and to consider the griefes of his subjects by unjust purveyance , contrary to the statute , that hereafter he might live of his owne goods in ease of his people . which the king willingly doth , as appeareth by an ordinance in counsell whereby the charge of the houshold is limited to . markes . anno & h. . the charge of the kings house is reduced to a certainty , lessened by petition and order in parliament . anno e . the king in parliament promiseth to abate his houshold , and hereafter to live upon his owne , so setling a new forme of his court , which is extant in many hands , and intituled , ordinations for the kings house . anno e. . an ordinance was made for the kings houshold in ease of the kings people oppressed with purveyance , by reason of the greatnesse thereof ; and the motive of that ordinance was , to the honour of god , and profit of holy church , and to the honour and profit of the king , and the benefit of his people , according to right and reason , and the oath which our lord the king made at the beginning of his raigne . thus r. . did discard the bohemians , anno . by an act of parliament , at the peoples petition surcharged by them . thus h. . did with the gascoignes and welsh in like sort , overburdening and impoverishing the king and realme with perpetuall suits , so that in court as the record saith , there were no men almost of substance , or valiant persons , as there ought to be , but rascals for the greater part . hence was it , that the wisedome of former times foreseeing the mischiefe the open hand of the soveraigne might bring the state into , made a law r . that whatsoever commeth to the king by judgement , escheat , forfeiture , wardship , or in any other waies , shall not be given away , and that the procurer of any such guift shall be punished . this law the parliament continued h. . untill the king was out of debt , making frustrate the grants of these , and ordaining a penalty of double value to every mover or procurer of such grants . the like in anno h. . and that no petition for any thing should be delivered to the king but in presence of the councell , who might examine it , lest that the kings wants should light upon the commons . and to keep the hand of h. . from wastfull giving , the councell enduced him to convey to the archbishop of canterbury and others , all profits of wards , marriages , reliefes , escheats and forfeitures , to defray the charge of his house . it is one of the greatest accusations in parliament against the duke of sommerset for suffering the king to give away the possessions and profits of the crown in manner of a spoile , for so are the words of the record . and it was the first and chiefest article to depose r. . for wasting , and bestowing the lands and the revenue of the crowne upon unworthy persons , and thereby overcharging the commons with exactions . nor yet to mention the parliaments soveraigne power and jurisdiction t in making or proclaiming warre or peace , in which they have oft times not onely advised , but overswayed the king ; in creating the highest officers , t in ordering the militia of the kingdome by sea and land by setled lawes ( of which more anon ; ) or in ordering the coyne and money of the land , together with the mint , or designing how the subsidies and aydes granted by them to the king , shall be disposed of to the kingdomes use , t of which there are sundry presidents . all which , together with the acts concerning his purveyance , pardons , charters , grants , and all revenues royall , are strong ( u ) evidences of its soveraigne authority . nor yet to remember that in●allible argument , to prove kingdomes greater , and more valuable then kings ; that kings as publique servants to their realmes , ought to hazzard their lives for their kingdomes safety and preservation ( as many have done in warres against enemies ) but never ought the whole kingdome to be lost or hazzarded to preserve the kings prerogatives , that of iohn . , , . and chap. . being an undoubtted rule in divinity and policy . * that it is expedient that any one man , ( though a king , yea christ the king of kings ) should die for the people , that the whole nation perish no● ; rather then the whole nation die for him . priorque mihi & potior ejus officii ratio es● , quod humano generi , quam quod uni hominum debe● , as seneca de benefic . l. . gentilis de iure belli . l. . c. . resolve , from the light of nature and common reason . i shall onely adde this important consideration to illustrate this obscured truth . it can * hardly seeme probable , much lesse credible , that any free people whatsoever when they voluntarily at first incorporated themselves into a kingdome , and set up an elective or hereditary king over them , would so absolutely resigne up their soveraigne popular ●riginall authority , power , and liberty to their kings , their heires , and successors for ever , as to give them an absolute , irrevocable , uncontroulable supremacy over them , superiour to , irrestrainable , irresistable , or unalterable by their owne primitive inherent nationall soveraignety , out of which their regall power was derived . for this had been to make the creator inferiour to the creature , the parent subordinate to the child , the derivative greater then the primitive , the servant ( for princes are but their kingdomes publique ministers ) more potent then the master ; of freemen , to have made themselves and their posterity absolute slaves and vassals for ever ; and in stead of a principality , intended only for their greater safety and immunity ; to have erected a tyranny , to their perpetuall irremediable oppression and slavery : a most brutish , sottish , inconsiderate rash action , not once to be imagined of any people ; quite contrary to the practice of the lacedemonians , romans , germans , aragonians , and most other nations , who still reserved the soveraigne power to themselves , and never transferred it to their kings or emperours , who were ever subject to their jurisdictions , and censures too , as i shall manifest at large in the appendix : no absolute monarchy being ever set up in the world but by direct tyranny and conquest , as cassanaeus in his catalogus gloriae mundi pars . consid. . manifests at large , not by the peoples free election and consents . and had our ancestors or any other nations , when they first erected kings , and instituted kingly government , been demanded these few questions : whether they meant thereby to transferre all their nationall authority , power , and priviledges so farre over unto their kings , their heires , and successors for ever , as not still to reserve the supremest power and jurisdiction to themselves , to direct , limit , restrain their princes supremacy & the exorbitant abuses of it , when they should see just cause ? or so as not to be able ever after to alter or diminish this form of government upon any occasion whatsoever ? or if their king should turne professed tyrants , endeavouring to deprive them ( against all right and justice ) of their lives , goods , liberties , religion , lawes ▪ or make open warres upon them to destroy them , or bring in forraigne enemies upon them , to conquer or subject them to a forraigne power without their free consents , that yet they should patiently submit themselves to these their unnaturall , tyrannicall , destructive proceedings without any the least resistance of them by necessary defensive armes , or calling thē to account for these grosse irregularities ? i make no question that they would have joyntly answered ( as i doubt not but our parliaments , kingdomes , and all other nations , were they at this day to institute their preerected principalities and kings , would answer to ) that they had never any imagination to erect such an absolute , eternall , unlimited , uncontrollable , irresistable monarchy , and plaine tyranny over them ; and that they ever intended to reserve the absolute originall soveraigne jurisdiction in themselves , as their native hereditary priviledge , which they never meant to divest themselves of : that so by means thereof , if their princes should degenerate into tyrants , they might have a just authority , power , and remedy residing in them , whereby to preserve themselves , the nation kingdome , from utter desolation , ruine , and vassalage . an impregnable evidence , that the whole kingdom and parliament representing it , are the most soveraign power ; and above the king himselfe , because having the supream jurisdiction in them at first , they never totally transferred it to our kings , but reserved it in themselves , which is likewise further confirmed by that notable passage of * philocheus archilacus in his somnium viridarii , c. . royall power is instituted three manner of wayes : first , by the will and pleasure of the people , because every people wanting a king of their own ( not being subject to the emperour , or some other king ) may by the law of nations make themselues a king , . dist. c. legitima . if a royall principality be thus instituted , as it is in the proper pleasure and power of the people to ordaine , that the king shall be either successive of elective ; so it is in their pleasure to ordaine , that kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any coronation , or any other solemnity , or that they shall receive this power onely by their coronation or any other solemnity about him . thereason whereof is , because as every one in the delivery of the gift of his owne goods , may impose what covenant or condition he pleaseth , and every man is moderator and disposer of his owne estate ; so in the voluntary institution of a king and royall power it is lawfull for the people , submitting themselues , to prescribe the king and his successors what law they please : so as it be not unreasonable and unjust , and directly against the rights of a superiour : therefore lawfull to reserve ●he soveraigne power in and to themselves , and not to transfer it wholly to their kings . there is one cleare demonstration yet remaining , to prove the supreme power of parliaments above kings themselves , which is this : that the parliament is the highest court and power , to which all x appeal●s are finally to be made from all other courts and iudges whatsoever , yea from the kings own personall resolution , in , or out of any other his courts : and such a transcendent ● ribunall from whence there is no appeale to any other court or person , no not to the king himselfe , but onely to another parliament . if any erroneous judgement be given in the kings bench , exchequer-chamber , chancery , court of wards , or any other court within the realm , or in the parliament in ireland , it is finally to be reversed , or determined in parliament by a writ of y error , or upon a petition or bill : if any sentence be unjustly given in any ecclesiasticall courts , or before the d●legates , the finall appeale for redresse must be to the parliament . illegall sentences in the ( now exploded extravagant ) courts of star-chamber , or high commission ; injuries done by the king and his privy councell at the councell table , are examinable and remediable in this high court. nay , if the king himselfe should sit in person in the kings bench , or any other court ( as sometimes our kings have done ) and there give any judgement , it is not so obligatory or finall , but that the party against whom judgement is pronounced , may appeale to the parliament for reliefe , ( as seneca epist. . out of tully de repub. & fenestella , hugo grotius de jure belli , l. . c. . s. . p. . record ; that among the romanes in certain causes they might appeale from the king to the people . ) but if the parliament give any judgement , there * can be no appeale to any higher tribunall , court , or person , no not to the king , but onely to the next or some other parliament , as is evident by experience , by all z attainders of trea●on , by or in parliament , by all inconvenient and unjust acts passed in parliament , which concerne either king or subject ; which cannot be reversed nor repealed , though erroneous , nor the right heire restored in blood by any charter from the king , but onely by an act of repeale or restitution in another parliament . now this is an infallible maxime , both in the common , civill , and canon law , that the court or person to whom the last appeale is to be made , is the supream●st power ; as the a kings bench is above the common pleas , the eschequer chamber above the kings bench , and the parliament above them all , because a writ of error to reverse erroneous judgements given in the common pleas , lyeth in the kings bench : errors in the kings bench may be reversed in the eschequer chamber ; and errors in all or either of them , may be redressed finally in parliament , from whence there is no further appeale . hence the canonists conclude , a b generall councell above the pope , the pope above the archbishop , the archbishop above the ordinary , because men may appeale from the ordinary to the archbishop , from him to the pope ( but now with us to the kings delegates . ) if there be any difference betweene c king or subject , touching any inheritances , priviledges or prerogatives belonging to the crowne it selfe , or any points of misgovernment ; yea , which is more , if there be any suite , quarrell , or difference betweene our kings in act , and any other their competitors , d for the crowne it selfe , which of them hath best title to it , who of them shall enjoy it , and how , or in what manner it shall be setled , the lords and commons in parliament are and ought to be the sole and final● judges of it . not to give you any instances of this kinde betweene king and subjects , which i have formerly touched ; nor to relate how our king iohn e condemned to death by a parliament in france , by french peers , for slaying his nephew ▪ arthur treacherously with his own hands , and likewise to lose the crown of england : or bow f henry the third , k. edward the first and other our kings have appealed to the parliaments of france and england , upon differences betweene the peeres and kings of france and them , concerning their lands and honours in france . g or how king edward the third , and philip of france submitted both their titles to the kingdome of france , to the determination in a french parliament , where they were both personally present , which adjudged the crowne to philip. nor yet to mention how the parliaments and generall assembly of the estates of france have * frequently disposed of the crowne of that kingdome , determined the controversies of the right and titles pretended to it ; and elected protectors or regents of the realme during their kings minorities , or distractions ; of which i shall cite divers precedents in the appendix , to which i shall referre you . nor yet to trouble you with spanish precedents of this nature , where the severall claimes and titles of the pretenders to the crownes have beene oft referred to , debated in , and finally resolved by their parliaments and generall assemblies of the states , the proper iudges of such controversies , as * ioannes mariana , * euardus nonius , and other spanish writers determined ; as philip the second the . king of portugall his title to that crowne and his competitors , together with the rights and claimes of alfonso the . . . iohn the . emanuel and other kings of portugall , and their corivals were solemnly debated and determined in the assembly of the states of that realme , and of divers kings and queenes of arragon , castile , navarre : a pregnant argument , that their assemblies of states are the soveraigne tribunall , since they have power and right to determine and settle the descent , right and succession of the crowne betweene those who pretend titles thereunto : i shall confine my selfe to domesticke precedents . not to repeate the i forementioned precedents , how the lords and commons when the title to the crowne hath been in dispute have transferred it from the rightfull heires to others ; i shall give you some other pregnant evidences , where the parliament hath finally determined the title to the crowne , when it hath beene in competition , and setled it in a legall manner to avoid debates ( by way of appeale to them by competitors , or reference from the kings themselves ) as the onely proper judges of such a superlative controversie . not to mention any stories of our british kings to this purpose , where the * kingdome , lords and commons then , disposed of the crowne in cases of minority , want of heires , misgovernment , and controversies about the title to the crowne . * canutus after the death of king edmund , anno . clayming the whole realme against edmunds brethren and sonnes , referred his title upon the agreement made betweene edmund and him for this purpose , to the parliament , who resolved for canutus title , and thereupon tooke an oath of fealty to him , offering to defend his right with their swords against all others claimes . after his decease , the * title to the crowne being controverted betweene hardicanute the right heire , and harold his elder , but base brother ; it was referred to a parliament at oxford , who gave their voyces to harold , ( there present ) and presently proclaymed and consecrated him king ; anno . after whose death , the states of england sent and adjudged the crowne to hardicanute , then in denmarke . he dying , * edward the confessor , by a generall consent of the nobles , clergy , and people ( who presently upon harold● death , enacted by parliament , ) that none of the danish blood should any more reigne over them ) was elected king , and declared right heire to the crowne , anno . k king henry the first having no issue male , but onely one daughter maude , to succeed him , summoned a parliament in the presence of himselfe and david king of scotland , wherein the crowne was setled upon maude after his decease , being of the ancient royall english blood ; whereupon stephen , his sisters sonne , and all the nobles presently swore fealty to her , as much as in them lay , after king henries death ( if hee died without issue male ) to establish her queene of the monarchy of great britaine . but stephen after his decease , usurped the crowne against his oath , by the unanimous consent and election of the lords and commons : and after seventeene yeares civill wars , to the devastation of the realme l king stephen and henry the sonne of maude came to a treaty at wallingford , where by the advise of the lords , they made this accord ; that stephen if he would , should peaceably hold the kingdome during his life , and that henry should be his adopted sonne and successor , enjoy the crowne as right heire to it after his death ; and that the king and all the bishops and nobles should sweare , that henry after the kings death , if he survived him , should possesse the kingdome without any contradiction : which done the civill warres ceased , and a blessed peace ensued : and then comming to oxford , in a parliament all the nobles did fealty to henry , who was made chiefe justiciar of england , and determined all the affaires of the kingdome . in the . and . of e. . there was a m doubt moved in parliament , whether the children of the king , or others borne beyond the seas within his allegiance , should inherit lands in england ? the king , to cleare all doubts and ambiguities in this case , and to have the law herein reduced to certainty ; charged the prelates , earles , barons , and other wise men of his councell assembled in parliament in the . yeare of his raigne , to deliberate of this point ; who with one assent resolved , that the law of the realme of england is , and alwayes hath beene such , that the children of the kings of england in whatsoever parts they be borne , in england or elsewhere , be able and owe to beare inheritance after the death of their ancestors : which when they had declared , the king , lords and commons by a speciall act , did approve and affirme this law for ever , the onely act passed in that parliament . and in a * parliament , ● . e. . this kings eldest sonne was created duke of cornewall by parliament , which then also entailed the dutchy of cornewall upon the eldest sonnes 〈…〉 of england . so . r. . c. . the principality of chester 〈…〉 on the prince by act of parliament . * king henry the 〈…〉 the inheritance of the crownes and 〈…〉 his posterity , caused them by a speciall 〈…〉 his raigne , to be entailed and setled on 〈…〉 and prince henry his eldest sonne to be established ▪ 〈…〉 heire apparant to him , and to succeed him in the said 〈◊〉 and realmes , to have them with their appurtenances after the kings death , to him and the heire● of his body begotten ; and if hee should die without heire of his body begotten , 〈…〉 remaine to the lord thomas , the kings second sonne , with successive remainders to lord john the third , and lord humfry the kings fourth sonne , and the heires of their bodies begotten . after which act passed ( for the avoyding of all claimes , titles , and ambiguities , to be made unto the crowne ) he thought never by any of his subjects to be molested or troubled : the rather , because in this parliament it was first concluded ; that deposed king richard should continue in a large prison , and be plenteously served of all things necessary both for viande and apparell , and if any persons should presume to reare warre or congregate a multitude to deliver him out of prison , that then he should be the first that should die for that seditious commotion : which king richard ( as * sir iohn bagot by his bill exhibited to this parliament averred ) had divers times , at sundry parliaments in his time holden , said ; that hee would have his intent and pleasure concerning his owne matters , whatsoever betide of the residue ; and if any withstood his will or minde , he would by one meanes or other bring him out of his life ; and further said to him at lichfield in the one and twentieth yeare of his raigne , that he desired no longer for to live then to see his lords and commons have him in as great awe and dread , as ever they had of any his progenitors , so that it might bee chronicled of him , that none passed him of honour and dignity , with condition that he were deposed , and put from his said dignity the next morrow after . so wilfull was hee , as to preferre his will before his crowne or safety . n in the yeares . and . richard duke of yorke came into the parliament house , and there , in a large oration laid claime , and set forth his title to the crowne of england , which king henry the sixth had long enjoyed , desiring the parliament to determine the right of the title betweene them , both sides submitting to their resolution as the proper iudges of this weighty royall controversie : after long debate and consideration of the case among the peeres , prelates , and commons of the realme , it was finally agreed and resolved by them : that in as much as henry the sixth had beene taken as king for . yeares and more , that he should enjoy the name and title of king , and have possession of the realme during his naturall life . and if he either died , or resigned , or forfaited the same for breaking any part of this concord , then the said crowne & authority royall should immediately descend to the duke of yorke ( king edward the . his father ) if he then lived ; or else to the next heire of his line . and that the said duke from thenceforth should be protector and regent of the kingdome . provided alway , that if the king did closely or apertly , study or goe about to breake or alter this agreement , or to compasse or imagine the death of the said duke or his bloud ; then he to forfeit the crowne : and the duke to take it : these articles made by the parliament betweene them , they both subscribed , sealed , and swore to , and then caused them to be enacted . loe here we have these two kings submitting their titles to the crowne and kingdome it selfe to the resolution of both houses of parliament , as the soveraigne judge betweene them ; who setled the crowne in this order , under paine of forfeiting it by king henry , if he violated their decree herein ; and appointing a lord protector over the kingdome in his full age , as o walsingham informes us , a parliament constituted duke humfry to bee protector of him and his kingdome of england , and the duke of bedford to bee regent of france , during his minority ; who exercised all regall power , by vertue of that authority which the parliament derived to them . after this , in these two kings reignes , p the crowne and its descent were variously setled by parliament ( as i have formerly manifested ) yet so , as that which one parliament setled in this kinde , continued firme till it was altered or reversed by another parliament . king q richard the third comming to the crowne by usurpation , to strengthen his title , procured the lords and commons to passe an act of parliament , wherein they declare him to bee their lawfull king , both by election and succession , entaile the crowne upon him and the heires of his body lawfully begotten , create his sonne edward , prince of wales , and declare him heire to succeed him in the royall crowne and dignity after his decease . in which act of parliament ( recited at large by speed ) there is this memorable passage : that the court of parliament is of such authority , and the people of this land of such a nature and disposition , as experience teacheth ; that manifestation or declaration of any truth or right made by the three estates of this realme assembled in parliament , and by the authority of the same , makes before all other things most faith and certainty , and quieting of mens mindes , removeth the occasion of all doubts , and seditious language : r henry the seventh afterwards slaying this usurping richard at boswell-field , to avoyd all ambiguities and questions of his title to the crowne , in his first parliament procured the lords and commons by a speciall act , to settle the inheritance of the crownes of england and france , on him and the heires of his body lawfully begotten , perpetually by the grace of god , so to endure , and on none other , and all attainders and acts against him , by edward the fourth , and king richard s this parliament annihilated . after him king henry the eighth , to ratifie his divorce from queen katherine , caused it to be confirmed , and his t marriage with her to be utterly dissolved by act of parliament : and by u sundry acts , ratified his subsequent marriages , and setled the descent of the crowne to his posterity , somewhat different from the course of the common law ; which statutes were afterwards altered and the descent of the crowne setled by other speciall bils in parliament , both in x queene maries , and queene elizabeths reignes , whose titles to the crowne were setled , and in some sort created by the parliament . by the notable sta. of . eli. c. . worthy reading for this purpose , it is made no lesse then high treason , to affirme ; that the queene , with , and by the authority of the parliament of england , is not able to make lawes and statutes of sufficient force and validity to binde , limit , restraine and governe all persons , their rights and titles that in any wise may or might claime any interest or possibilitie in or to the crowne of england in possession , remainder , inheritance , succession , or otherwise howsoever ; and all other persons whatsoever . king edward the sixt , queene elizabeth , and other our princes holding their crownes by a parliamentary title , rather then by the course of the * common law , which this statute affirmes the parliament hath power to alter , even in case of descent of the crowne . it is observable that the statutes of h. . c. . h. . c. . and h. . c. . doe not onely nulli●ie some of this kings marriages , and ratifie others of them , declaring some of his issues legitimate and hereditable to the crowne , others not , and appoint the queene , if living , to be protector of the infant king or queene , that should inherit the crowne ; or such of the lords as the king by his last will should designe ; but likewise prescribe strict oathes for every subject to take , to maintaine the succession of the crowne , as it is limited by those acts , which oathes for any to refuse , is made high treason , or to write or speake any thing against the succession of the crowne as it is therein limited : and withall they derive a plenary authority to the king ( who thereupon * acknowledgeth the great trust and confidence his loving subjects had in him , in putting in his hands wholly the order and declaration of the succession of this realme ) by his letters patents under his seale , or his last will in writing signed with his hand , for lacke of issue lawfully begotten of his body , to * give , limit , assigne , appoint or dispose the imperiall crowne of the realme , to what person or persons , and for such estate in the same , and under such conditions as it should please his majesty . the parliament therein promising by one common assent to accept , take , love , dread , and obey , as their legall governours , and supreame heads , such person or persons onely , as the king by authority of those acts should give the crowne unto , and wholly to sticke to them as true faithfull subjects . provided , that if any of his children or heires , afterward did usurpe one upon the other in the crowne of this realme , or claime , or challenge the said imperiall crowne , otherwise , or in any other course , forme , degree or condition , then the same should be given , disposed , or limited unto them , by the king , by vertue of those acts. or if any person or persons to whom it should please the king , by authority of those acts to dispose the said crowne and dignity of this realme , or the heires of any of them , should at any time hereafter demand , challenge , or claime the crowne of this realme , otherwise , or in any other course , forme , degree or condition , then the same should be given , disposed , and limited unto them by the king , by vertue and authority of these acts ; that then all , and singular offenders , in any of the premises contrary to these acts , and all their abettors , maintainers , factours , counsellours , and aiders therein , shall bee deemed , and adjudged high traytors to the realme ; and that every such offence shall be accepted , reputed , and taken to be high treason , and the offenders therein , their ayders , &c. for every such offence shall suffer such judgement , paines of death , losses and forfeitures of lands , goods , and priviledges of sanctuary , as in any ●ases of high treason . and over , that as well the kings said heires and children , as every such person & persons to whom the crowne should be limited as aforesaid , and every of their heires , for every such offence above specified , by them to be committed , shall lose and forfeite as well all such right , title , and interest , that they may claime or challenge , in or to the crowne of this realme , as heires by descent , or by reason of any gift or act done by the king , for his or their advancement , by authority of those acts , or by any manner of meanes or pretence whatsoever . and the statute of h. . c. . which entailed the crowne upon queene mary , after edward the sixt his decease without issue ▪ 〈◊〉 this proviso ; that if th● said lady mary doe not keepe and performe such conditions as king henry by 〈◊〉 patents or last will in writing , 〈…〉 estate in the imperiall crowne ; 〈…〉 imperiall crowne shall be and come to the 〈…〉 lawfully begotten , in such like manner and forme , as 〈…〉 mary were then dead , without any heires of her body begotten , any thing in this act contained to the contrary notwithstanding . and the like provis there is for queene elizabeth , that if she performe not the like conditions , limited as aforesaid , to her estate in the crowne , that then the said imperiall crowne shall be and come to such person or persons as the king by his letters patents or last will shall appoint . by all which acts , ( worthy reading and consideration ) the parliaments supreame power of setling and disposing the descent and inheritance of the crowne , and giving authority even to the king himselfe , to dispose of it upon condition , on paine of forfeiture as aforesaid ( which the king alone had no power at all to doe ) will easily appeare to the most malignant spirits . in the first y parliament of our late king iames , the first bill then passed , was an acknowledgement , and confirmation of his immediate , lawfull , and undoubted succession and right to the crowne of england , as the next and onely heire of the blood royall , to whom of right it descended ; which dolman the priest , and some jesuites opposed in printed seditious bookes . so the z articles of qu. maries marriage with k. philip , were appointed , and ratified by parliament : and the imperiall ecclesiasticall jurisdiction usurped by the pope and prelates , hath likewise by a sundry statutes beene restored and united to the crowne , and the title of supreame head , and supreame governour in all causes , and over all persons , spirituall , ecclesiasticall and temporall , setled upon our kings and queenes ; who during their minorities have had guardians and protectors , appointed to them by b parliament , to summon parliaments , assent to bills , and execute all royall jurisdiction in their names and steads . and as the title and right to the crowne of england , and the jurisdiction thereof hath thus from time to time beene decided and setled in and by our parliaments , so hath the title and jurisdiction of the crowne of scotland , beene c frequently discussed and setled in our parliaments , upon appeales made to them by the kings of scotland , and their corrivals to that crowne ; witnesse the famous case and competition for that crowne long agitated and resolved in parliament betweene the king of norway , bailiol , and bruce , ( to omit others ) in the reigne of king edward the first ; and this king edwards title to the crowne of scotland , declared and resolved by our parliament here ; all which are recorded at large by thomas walsingham , and matthew westminster , in the life of king edward the first , and in the parliament rolls , and pleas of his reigne , with d sundry other instances of this nature ( frequent in our historians ) which for brevity i pretermit . it is a e cleare case without dispute , that if the king should dye without any heire , the crowne would escheate to the whole kingdome and parliament , who might dispose of it in such a case , to what person they pleased , or quite change that forme of government , if they saw good cause ; no particular kinde of rule being so simply necessary by any divine right or law to any state or kingdome , but that as it was at first instituted , so it may in such a case be changed by the whole kingdomes generall consent , upon sufficient grounds . this appeares by the case of * charles the grosse , who being deposed from the empire and his kingdomes , for a mad man , and dying without any heire , the kingdomes which before were subject to him , destitute of a right heire , began to fall in sunder on every side , and to chuse kings of themselves of another family . france elected charles , a childe , sirnamed simple , for their king ; and after his simplicity displeased them , they crowned otho sonne of robert duke of saxony in his place ▪ at the same time the people of italy meaning to have a king of 〈…〉 not agree on the matter , but some chose beringarius , 〈…〉 kings in italy , both calling and bearing themselves as 〈◊〉 ; and the germanes elected arnolph duke of bavaria for their emperour . thus * zeno the emperour dying without any heire that might succeed him , anastasius a man of great reputation , yet of no noble family , was chosen his successor , by the senate and legions . the like we reade of divers other emperours deceasing without heire ; of some of our saxon and british kings , before the conquest ; and of other in castile , aragon , & other kingdomes , where the crowne hath beene translated from one family to another , by the kingdomes consent for want of heires . duardus * nonius leo , a learned portugall lawyer , informes us ; that ferdinand king of portugall , dying without any lawfull heire , lineall or collaterall , as they beleeved ; the estate of that kingdome assembling at coimbre , elected iohn a bastard for their king upon this very ground , ( specified in their decree of his election ) that king ferdinand dyed without any lawfull issue or kindred ; unde jure gentium , whence by the law of nations , they affirmed it to be lawfull for the people to chuse a king or governour , whom they pleased . beleeving therefore , that they had returned to that state wherein by the law of all nations they might create them a king , namely the kingdome being voyd without an heire ; they said they might lawfully elect iohn , a most valiant man , and one who best deserved of the common-weale to be their king , he being begotten of the stocke of the kings of portugall . thus this whole parliament at coimbre ; and this lawyer there , and elsewhere * affirmes ; that by the law of all nations , if the king in an hereditary kingdome die without heire , the people may lawfully elect whom they please for their king ; as they do in all elective realmes : which ioannes mariana , de rege & regis instit. l. . c. , . doth likewise averre : the reason is , * because the whole kingdome and people are the originall supreame soveraigne power , by whose common consent and authority all lawfull kings , kingdomes , and royalties were at first created and instituted , and from whom they derived all their regall iurisdiction : and therefore as all mesnalties , tenancies , and fees , by the deaths of their tenants without heire , returne by way of escheate to those lords and sergniories , by whom they were original●y created ; and all politique corporation lands , ( as abbies , prioies , bishopricks , hospitals , and the like , ) by the dissolution of those corporations by death or otherwise , returne to the first founders of them ; ( as * * all rivers run into the sea , out of which they primitively issue : ) so all successive kingdomes by the selfe same reason , upon the kings decease without any lawfull heires to inherit or succeed them , must by all law , right , equity , revert to the dispose and dominion of all the people of the realme , or to the representative body thereof the parliament as to the supreame lords and founders of it ; from and of whom the king himselfe doth hold the crowne , ( if i may so speake ) by those regall duties and services expressed in generall in his coronation oath , which he takes to all his people ; ) and if he die his heire to the crowne being within age , the parliament and kingdome as the soveraigne lord and power may and usually doth appoint a * guardian and lord protector over him ( as i have * elsewhere proved ) till his maturity , to discharge his regall trust and duty to his people in his name and stead . hence hugo grotius in his booke de iu●e belli & pacis , r. . c. . sect . , , , . concludes : that if an elective king dye , or 〈◊〉 king decease without any knowne heire to succeed him , the empire or soveraignty 〈…〉 in the king as head , returnes unto , and remaines in the people as in the intire body , which continues the same it was before : and therefore in such cases they may either create a new king if they please , as in elective kingdomes , or divide the kingdome into parts , and erect a new empire , as the romans , germans and persians did ; or change the government ; the people in this case being sui juris , having the raines of government in their owne hands , as at first before they erected an hereditary monarchy , to order and dispose of the government as they shall thinke meete : it being a thing which in its owne nature is not capable of an occupancy , nor seisible by any , unlesse the people will voluntartly desert their owne liberty , none having authority to usurpe a regency over them in such a case , but by their free assents . upon which ground he holds with cynus , and raynorius , that if the roman emperour ( or any other king by like reason ) be sicke , or taken prisoner , so as he cannot administer the government , the people of rome may create and appoint him a vice-roy to governe them ; the power of the emperour , and the most absolute monarch , being onely a power of administration for the peoples good and service , not of dominion for his owne profit ; of which none but the people can dispose ; as * abberius gentilis proves at large . yea , bishop bilson f himselfe ( though a great royalist , ) positively affirmes ; that if a king , or right heire to any crowne be borne , or becomes a naturall foole , or starke mad , or run besides himselfe , so that he is not able to governe himselfe , much lesse his realme ; in these two cases , any realme by publicke consent and advice may chuse another king : ( for what should he doe with a royall office , or by what divine or humane right can he enjoy a crowne , who is utterly unable to manage it ? ) upon this ground g king childerick was deposed by his french and german subjects generall consents , because he was a fool , a sot , a beast , unable to govern his kingdom , and pepin of another race , elected and crowned king in his stead ; which act by pope zacharies resolution , was adjudged both just and lawfull , even in point of conscience , before it was put in execution . so charles the third , the last emperour of pepins race , was deposed from the empire , by the princes , dukes , and governours of the provinces of germany and france , for that he became foolish and unfit to govern , being bereaved of his senses ; and by common consent , arnolph was elected emperour in his stead ; thus iustinus the second falling into a frenzie and madnesse , so that he had no sense nor understanding of any thing that was done , was removed , and tiberius placed in the empire ; at his coronation , iustinus used this notable speech ; let not the glory of these imperiall robes , lead thee into errour , neither be thou deceived with the glorious shew of such things as are subject unto the senses , wherewith i my self now ( alas ) beig snared , have brought my self foolishly into grievous torments . wherefore in governing the empire with great moderation and mildnesse of spirit , redresse what is amisse , and correct what i have lewdly committed . and pointing at his ill counsellors with his finger , he said ; * thou must in no wise be ruled by these men , for these be those which brought me into this lamentable plight , and the misery thou seest me in . a memorable strange speech of a distracted prince . and thus the emperour wenceslaus , was likewise deposed by the princes electors of the empire , for besotting himself so with pleasures , &c. as that he became altogether unfit for the government , and a man unprofitable for the empire and christian common-wealth ; and rupert count palatine of rhine , and duke of bavaria , was elected emperour in his stead . the like ( no doubt ) might be lawfully done here in england , by the whole kingdom and parliament , if any such cases of incurable folly or frenzy should befall any of our kings , who might then either create a lord protector to govern both king or kingdom , during such disabilities of government in the king ( as childricke for a time , before his deposition , was governed and over-ruled in all things by the marshall of the palace ) or else crown the next heir king , if he be capable to govern. yea , in the time of our saxon kings , when the right heir was an infant , unable to govern , the crown usually descended to the next heir of full age : hence * wibba king of mercia deceasing ▪ penda his son being an infant , the crown descended to his nephew c●orl of full age , after whose death penda being of ripe age inherited the kingdom . so king vvulfcher deceasing , leaving his son kenred within age , his brother ethelred succeeded him ; who resigning his crown and turning monke after he had reigned . yeers , kenred then of full age enjoyed the crown . so ethelfred king of northumberland dying , edelwald his brother entred the government and reigned , aldulfe , ethelherds son , being then a minor , who enjoyed not the crown till after edelwalds death . so * casse●elan succeeded lud his brother in the kingdom of britain , luds sons being too young and insufficient to reign : the like was very usuall in scotland , of which there are divers presidents in grafton , hector boetius , and buchanan , which i pretermit . all which particulars laid together , are a most clear unanswerable demonstration , that the soveraignest power and jurisdiction of all others , resides in the whole kingdom and parliament , not in the king himself , since they may thus dispose of the very crown it self , and are the sole and onely supream judges to determine all controversies . all titles which concern it ; the king alone having no power to transfer it to any other without the lords and commons free consents , as was resolved in the case of king iohn , who resigned and granted his crown to the pope , without the kingdoms consent ; and therefore the resignation and grant were adjudged void not onely by the * french king and his lords , but by our own parliament , as you may read in . ed. . nu. . and in doctor crakenthorpe , of the popes temporall monarchy , cap. . p. . to . i shall conclude this point with the words of this memorable record ; * the prelates , dukes , counts , and barons , being in the white chamber , and the commons in the painted chamber , it was shewed unto them by the chancellour , how they had understood the cause of the summons of parliament in generall ; but the will of the king was , that the causes should be shewed unto them in speciall , telling them how the king had understood that the pope by vertue of a deed , which he said that king john had made to the pope to do him homage for the kingdom of england and the land of ireland , and that by reason of the said homage that he ought to pay him every yeer perpetually one thousand marks ; and that he purposeth to make out processe against the king and his realm , for the said service and rent , concerning which the king prayed the advice and counsell of the prelates , dukes , earles , and barons : and what he should do in case the pope would proceed against him for this cause , or against the said realm : and the prelates prayed the king that they might thereupon advise alone by themselves , and return their answer the next morning : which prelates by themselves the next morning , and after the said dukes , earls , barons , and great men , answered and said ; that the said king john , nor no other , might put himself , nor his realm , nor his people in such subjection , without the assent and accord of them : and the commons being advised and consulted with thereupon , answered in the same manner . whereupon it was ordained and assented by common consent in manner following ; in this present parliament held at westminster , the munday next after the invention of holy crosse , in the yeer of the reign of king edward , the . as well to maintain the estates of holy church , as the rights of his realm and his crown , it hath been shewed amongst other things ; how it hath been reported and said , that the pope by vertue of a deed which he said that the said john , late king of england , had made to the pope in perpetuity , to do him homage for the realm of england and land of ireland , and by reason of the said homage to render to him an annuall rent , and hath purposed to make processe against the king for to recover the said services and rent ; the which thing being shewed to the prelates , dukes , earls , barons , and the commons , to have their advice and counsell thereupon , and to demand of them , what the king should do in case that the pope should proceed or attempt any thing against him or his realm for this cause : which prelates , dukes , earles , barons , and commons having taken full deliberation thereupon , answered and said , of one accord ; that the said king john , nor no other might put themselves , nor his realm nor his people in such subjection without their assent . and as it appears by many evidences , that if it were done , it was done without their assent , and against his oath in his coronation . and moreover that the dukes , earls , barons , great men , and commons accorded and granted , that in case the pope would endeavour or attempt any thing by processe or any other act , to constrain the king or his subjects to perform what is said he will claim in this behalf ; that they will resist and oppose him with all their might . and before this in the great * councell of lyons , the proxies and procurator of the church and realm of england , in the name of the whole realm , complained and protested against this grant of king iohn as a meer nullity , because it was made without the consent of the realm and lords , which neither did , do , nor ever after would consent thereto , as i have elsewhere proved : this being the common received opinion of all civilians and statists , that no king or emperour can alien , or engage all or any part of his kingdom to another without his subjects generall consents , and that such an alienation or morgage is meerly void in law to all intents , as albert. gent. de jure belli , l. . r. . and hugo grotius proves at large , de jure belli & pacis , l. . c. . . & lib. . cap. . sect . . where he affirms , that a king who aliens and would actually deliver up possession of all or any part of his realm to another forraign power without the peoples consents , may lawfully be resisted with force of arms by his subjects ; concluding with this sentence out of * seneca , with which i shall close up this discourse ; et si parendum in omnibus patri ( naturall or politicall ) in eo non parendum quo efficitur ne pater sit . this point i have thus copiously debated , not out of any the least intention to derogate from his majesties just supremacie and prerogatives royall , which i have oft solemnly sworn to maintain to the utmost of my power , and shall ( god willing ) perform ; but out of a serious desire to rectifie the generall mistakes of men , touching a pretended prerogative , which their fantasies onely ( not the law ) have unduely attributed unto kings : and to vindicate the just liberties , priviledges , and prerogatives of parliaments ( so much decryed , declaimed against of late by a company of ignorant papists , malignants , royalists , who know not what the jurisdiction of parliaments is ) according to the protestation , the clearing of which points ( in my weak apprehension ) is the onely high and ready way to compose our present differences , to settle all our distractions , which the ignorance , the mistakes of the kings and parliaments just prerogatives and powers , ( next to the treacherous malice of papists ) have principally raised among us , almost to the ruine of the kingdom . for my part , i professe sincerely , i love and honour both king and parliament alike , and in the controversies now between them concerning their jurisdictions , stand as a man indifferent to do right to both , without prejudice to either ; and the king being the principall member of the parliament , the elevating of its now disdained power to its due altitude , can be no depression , but advancement of the kings prerogative , which shines most perspicuously in parliaments , whiles king and parliament are united , and is most eclipsed onely when they are divided , as the precedents in all ages manifest . and this i dare confidently averre , that there are no such enemies to the kings prerogative , as those who advancing it beyond due bounds , do necessarily draw it into dispute , in which it commonly comes off with losse and diminution in the end , as in the late cases of loanes , ship-money , and the like . it was a notable true speech of our king * henry the . in the . yeer of his reign in the case of one george ferrers , a member of the commons house , arrested contrary to their priviledge , of which the king being informed , used these words among other to the speaker and house of commons , we are informed by our iudges , that we at no time stand so highly in our estate royall , as in the time of parliament ; wherein we as head , and you as members , are knit together into one body politick ; so as whatsoever offence and injury ( during that time ) is offered to the meanest of the house , is to be judged , as done against our person , and the whole court of parliament ; which prerogative of the court is so great , as all acts and processes coming our of inferiour courts , must for the time cease , and give place to the highest ; which being so , my vindication of the parliaments soveraign power and right , can be no impeachment , nor diminution of the kings just authority , though many sycophants and malignants falsly repute it so . if any here object against the premises , f that the king is the only supreme governour of this realm , that g bracton , h fleta , and our i law books resolve : that the king hath no peer in his kingdom , for so he should lose his empire , since peers ( or equals ) have no command over one another ; much more then ought he not to have a superiour , or mightier , for so he should be inferiour to those who are subject to him ; and inferiours cannot be equall to superiours . the king ought not to be under man , but under god and the law. if then iust●ce be demanded of him by way of petition , ( because no w●it runs against him ( though k anciently some writs did ) if he do not justice , this punishment may be sufficient to him , that he may expect god will revenge it . nemo quidem de factis suis praesumat disputare , multo fortius contra factum suum venire , &c. therefore the king is above the parliament , and whole kingdom , not they above him. i answer , first , that the meaning of all these books is , that the king is above every one of his su●jects , and hath no peer nor superiour , if they be taken particularly and dist●ibutively , as single men ; as the words parem , superiorem , in the singular number , and the like , explain the meaning of the books to be . but if we take them collectively in parliament , as they are one body and represent the whole kingdom ; then these very authors resolve ( in their forequoted words ) that they l are above the king , and may , yea , ought to restrain and question his actions , his mal●-administrations , if there be just cause . secondly , bracton explains himself , how he is highest and without a peer , to wit , in m distributing iustice , that is , he is the highest iusticiar in the kingdom , but as low as any in receiving iustice. thirdly , even in parliament it self , the king is the supreme member , and in that regard the parliament in most publike acts , in all their petitions or addresses , usuall stiles him , n their soveraign lord : besides , the parliament it self is ever o summoned , dissolved by his writ , in his name , by his authority : and in passing all acts and bills of grace , or such as are not simply necessary for the publike safety and utility of his people , he hath an absolute negative voyce , and his royall assent is in some sence simply necessary for the passing of all ordinary lasting binding laws : in which respects he is , and may be truely said in some sence , to be above the parliament it self , and the only supreme governour ; but yet in the forenamed regards , the parliament really is , and may be justly averred to be paramount him , and the supremest soveraign power , though not governour . fourthly , the oath of supremacy , that the king is the only supreme governour , relates only , and at least principally to the popes forraign princes authorities , formerly usurped in this realm , as the title , words , scope of the statute of eliz. cap. . and the very next words in the oath it self undenyably manifest , ( and that no forraign power , person , prelate , state or potentate hath or ought to have any iurisdiction , power , superiority , preheminence , or authority , ecclesiasticall or spirituall within this realm ; and therefore i do utterly renounce and forsake all forraign iurisdictions , &c. ) therefore it refers not at all to parliaments , or their jurisdiction , power , superiority , preheminence , or authority ; not so much as once thought of by the prescribers of this oath , which had its creation and authority from the parliament , and made some addition to the kings prerogative . fifthly , p bodin with others ( as i shall hereafter manifest ) assure us , that the soveraign power , and iurisdiction both in the roman and german empires , and in most forr●ign christian kingdoms , was , and yet is , in the senate , people , parliaments , states , dyets ; yet this is no empeachment at all to their royall supremacies , or titles of supreme heads , and governours , within their own dominions , no more then the asserting of generall councells to be above popes themselves , by the learnedst papists , is any derogation ( as they hold it is not now ) to the popes most absolute pretended soveraignty q above all emperours , kings , princes , prelates , subjects , and the world it self , of which they affirm him sole monarch : therefore by the self-same reason , this asserting of the whole kingdoms , and parliaments power to be above the kings , is no diminution at all , much lesse a denyall of his supremacy , and just prerogative royall . if then the parliaments power be thus higher and greater then the kings personall power and jurisdiction out of parliament , it will necessarily follow from hence : first , that in these unhappy times of division and separation of the kings personall presence ( not legall which cannot be severed ) from the parliament : the lords and commons orders , votes , ordinances , made legally in parliament it self , are to be preferred , obeyed by all the kingdom , before any his majesties proclamations , declarations , commissions , warrants , or mandates , made illegally out of parliament in affront of both houses proceedings and decrees , since when ever two distinct powers command different thing● , that are lawfull , or of the same nature , the higher power ought still to be obeyed ; as if a master commands his servant one thing , and the king another ; or the king one thing , god another ; the king is to be obeyed before the master , because the superiour power ; but god before the king , because the highest power , as the r fathers and canonists resolve most fully : and * doctor ferne with other asserters of the kings prerogative , not only grant , but prove ; and therefore presse an absolute obedience to all the kings commands against the parliament , on this false ground ; because the king ( say they ) is the highest soveraign power , and above the parliament it self : the contrary whereunto being now made evident to all men ; the argument falls fatally on them that urge it . the parliament , not the king , is the most soveraign power : erg● , its votes , and ordinances must be preferred and obeyed before the kings . yea , the parliament being the highest power , the king himself ought to submit thereto , and to be ruled and advised thereby . this conclusion ( though it may seem a paradox to most men ) is an undubitable verity both in point of divinity and policy , as is most apparent , by the sam. . . to . and c. , , to . . sam. . , , . c. . . to . k. . . to . . k. . , , . chr. . . to . chr. . & . c. . , , , . c. . . esth. . . to . c. . . to . ier● . . . to . dan. . . to ionah . . ezra . . . eccles. . . prov. . . c. . . c. . . compared together , and with iosh. . . to . iudg. . . to . ( where we finde the princes , and people alwayes overruling their kings , who submitted their judgement wholly to them , not the kings overruling their princes and people ; ) who as iosephus records , antiqu. iudaeorum , l. . c. . ought to do nothing besides , against , or without the sentence of the senate , or congregation ; whence king zedechiah said unto his princes , jere. . , . the king is not he that can do any thing against you : and in point of law and conscience , even in our own kings and kingdom , as is clear by e. . the preface , and c. . e. . parliament . the statute against provisors , e. . stat. . c. , , . e. . c. . and , with other statutes which i shall hereafter cite at large , in answer to the fourth objection , concerning the kings negative voice ; which texts and statutes those who will , may peruse at leisure for their better satisfaction . and in pauls time , the highest powers in rome , were not the roman emperours , as ignorant doctors make the unlearned world beleeve , but the roman senate , who had full power , not only to elect and command , but censure , and depose their emperours , and adjudge them unto death , as * iohn bodin acknowledgeth , and i shall hereafter abundantly manifest in the appendix . secondly , that the parliaments resisting of the kings personall commands ( especially such as are illegall and destructive to the kingdom ) or any private subjects resisting them by vertue of a publike ordinance or countermand from the parliament , is no resisting of the higher power , against pauls injunction , rom. . . to . as f doctor ferne , and other illiterated doctors vainly fancy , but a direct submission and obedience to the highest powers ( the parliament ; ) and those who resist the parliaments ordinances and commands ( especially such as tend to the preservation of religion , laws , liberties ▪ priviledges of parliament , and the kingdom , or bringing delinquents to condign punishment ) though they do it by vertue of any extrajudiciall countermand from the king or his ill counsellors , do both in point of law , divinity , conscience , resist the higher powers , because they resist the parliament ( which is in truth , the highest power , as i have manifested , not the king : ) and so shall receive damnation to themselves for it , either here , or hereafter , if they repent not ; which i seriously desire all those delinquents , papists , malignants , ill counsellors , and cavaliers , to consider , who contrary to severall orders , and declarations of parliament , yea contrary to the law of god , of nature , of the realm , have like unnaturall vipers , taken up offensive arms against the parliament and kingdom , to ruine them , religion , laws , and liberties at once . thirdly , hence it follows , that the resolutions and declarations of the lords and commons in parliament , the supremest court , against the commission of array , arming of papists , raising of forces , imposing taxes to maintain warre against the parliament , plundering , and the like , ought to be obeyed , and submitted to , as lawfull and binding , both by the king himself , the kingdom , and every private subject whatsoever ; and that the kings extrajudiciall and illegall declarations out of parliament in direct opposition and contradiction to these resolutions and votes of both houses in parliament , ought not to be obeyed , the king himself as our law books resolve , being no t competent iudge ( especially out of his courts ) what is law , or what not in those cases , but the parliament only . which extrajudiciall new device of controlling , affronting the resolutions and declarations of both houses , by opposite proclamations , and declarations published in his majesties name ; is such a transcendent violation of , and contempt against the known priviledges , the sacred venerable authority , and power of parliaments , as ( i am confident ) no age can paralell ; and if not severely vindicated by exemplary punishments of the highest nature , upon those ill counsellors , and corrupt lawyers , who contrive and pen them , will bring this highest , greatest and most honourable court ( wherein the u whole kingdom , and every member of it are represented ) into greater contempt and lesse estimation with all men , ( whether natives or forraigners ) then the basest court of pipouders is . no king nor subject ever yet attempted such affronts against the resolutions of any judges in inferiour courts ; let no person whatsoever then presume by pen or tongue , any longer to arraign or traduce the resolutions and ordinances of this highest tribunall . if kings or counsellors of state , will instruct or excite the subjects , peremptorily to disobey and contemne the ordinances , the judgements of the parliament , let them never expect the least obedience or submission to any of their own commands , which are of lesser credit and authority ; which all former ages have most reverenced and submitted to . fourthly , that the parliament and whole kingdom , being the highest power , or any member of the parliament , cannot by any publike acts or votes of theirs consented to in parliament , become traytors , or guilty of high treason , against the king , either by the common law , or the statute of edw. . chap , . of treasons , which running in the singular number ; if a man , &c. ( that is , any private man or men , by their own private authority ) shall levy warre against the king , &c. it ought to be judged high treason ; extends not to the whole kingdom , or court of parliament representing it , ( of which no treason was ever yet presumed , ) the rather , because the parliament by this very act is made the iudge of all treasons that are doubtfull , and was never yet included within the words or meaning of any law concerning treason , and therefore cannot be guilty of it . hence the depositions of a archigallo and emerian , two ancient british kings , by the unanimous assent of the lords and commons , for their rapines , oppressions , and tyranny , with other forenamed saxon kings ; and of edward the second , richard the second , henry the sixth , edward the fourth , by acts of parliament ; the creating of richard the third , king ; with the frequent translations of the crown from the right heir at common law , b to others who had no good title , by the whole kingdom or parliament , ( no lesse then c high treason in private persons ) was never yet reputed , much lesse questioned for , or adjudged high treason in the whole kingdom or parliament , or any chief active members in those parliaments ; which by the law , are uncapable of treason , for any their judiciall actions and resolutions in such cases , being only tortious and erroneous , reversible by other acts in parliament , not trayterous and rebellious , as appears by all the forequoted statutes ; and by eliz. cha . . which makes it high treason for any person to affirm , that the queen by authority of the parliament of england , is not able to make laws and statutes of sufficient force to alter , limit , and binde the crown of this realm , and the descent , limitation , inheritance , and government thereof , and any mans title , or right thereto . and for direct authorities in this very point , e robert trisylian and belknap ( then chief justices ) holt , fulthorp , and burgh , judges , locton king sergeant , and blake the kings counsell , in the parliament of rich. . were condemned , executed , and banished the realm , as guilty of high treason , only for affirming under their hands and seals . f that the duke of glocester , the earls of arundel and warwick were ; and the other lords and commons might be guilty of high treason , for procuring a commission , and other proceedings voted in parliament , and be punished it as traytors . which opinion of theirs , being afterwards affirmed for law , in a packed parliament , rich. . was the very next parliament in hen. . c. . , . repealed , and the judgement given against those judges for this trayterous opinion ( tending to the utter subversion of parliaments ) resolved , and enacted to be just . this g iudge h belknap foresaw , and therefore was unwilling to put his seal to this opinion , saying ; there wanted but a hurdle , a horse , and halter , to carry him where he might suffer the death he had deserved : for if i had not done this , i should have dyed for it , and because i have done it , i deserve death for betraying the lords . which makes me wonder at a passage in i speed ( who records it ) now frequent in malignants mouthes . that the very shop where the barons originall treasons were forged , was the parliament-house , wherein from time to time they forced on the king ( edward the second ) presumptuous and treasonous ordinations , not only to reform the kings house and counsell , and to place , and displace all great officers at their pleasure ; but even claimed a joynt interest in the regiment of the kingdom , together with the king , which william i●ge ( a iudge of the common law ) with other like sticklers , trayterously perswaded them , was according to law : which grosse slander of the parliament house , would have been capitall at least in former ages , and may now indanger the necks of those who speak or write the same of the present parliament . never did any of our kings , charge any parliament with high treason hitherto ; much lesse indict or wage warre against their parliaments , as traytors , though they have questioned and deposed kings for offences against , and being enemies or traytors to the kingdom : let none then dare affirm , that the houses of parliament are , or can be traytors now , for providing for their own , and the kingdoms safety , by a necessary defensive warre , which i shall in the third part fully clear to be neither treason , nor rebellion against the king in point of law , or conscience , either in the houses of parliament , or any that bear arms by their command . fifthly , that to conspire or levy warre against the parliament , or kingdom , to dissolve , or destroy it , or the members of it , is no lesse then high treason ; as hath been solemnly adjudged in parliament , e. . in the act entitled , exilium hugonis le de spenser , in e. . the preface , and cap. . in rich. . c. , , . and in the parliament roll , printed by order of both houses , august . . and before both these , in k glanvil , who declares it to be treason , even at the common law , si quis machinatus fuerit vel aliquid feoerit in seditionem regni : agreeable to l vlpian , and the m saxon laws , which inform us of treasons against the common-wealth and kingdom , ( the case of n cateli●● and o others ) as well as against the king ; and to the statute of . eliz. c. . which makes it high treason for any person to stirre up any forraigners or strangers with force to invade this realm or ireland . and if it be no lesse then high treason against the king to slay the chancellour , treasurer or any of the iudges , or iustices of either bench , eyer , assize , or oyer and terminer , being in their places doing their offices ( though by the kings command ; as is clear by e. . c. . and all our law books ; ) then much more must it be high treason against the king and kingdom , to warre against the highest court of parliament , or slay any member of it , for doing their offices and executing the houses just commands . if bare mis-councelling the king to the prejudice of the kingdom , hath so frequently been adjudged high treason against the king and realm in severall parliaments , as appears by the forecited histories of gaveston , the two spensers , alexander nevill , de la pole , trysilian , and others ; then what is it to miscou●cell , and assist him to make an offensive war against his parliament , kingdom , people , for to ruine them ? certainly this must be high treason against king and realm in the superlative degree . if the parliament and kingdom be destroyed , or their hearts blood shed , their vitall spirits let out by an unnaturall war against them ; the king himself ( at least in his royall capacity as king ) and his royall posterity too , must necessarily be unkinged , and overwhelmed in their ruines ; but if the kingdom stand and flourish ( for whose peace and safety kings themselves ought not onely to lay down their crowns , but * lives , as christ , the * king of kings hath resolved , and the high priest too , ) though the king should die or perish ( as all * kings ever were and will be mortall ) yet their posterity may enjoy the crown , and reign in honour , in prosperity after their death , which they cannot do if the kingdom perish . therefore all those malignants , papists , delinquents , and others , who have most unnaturally taken up arms against the parliament and kingdom to dissolve and ruine them , though by the kings own illegall commission or command , are not onely arch-traytors to the parliament and realm alone , but likewise to the king himself and his posterity too , in the very judgement of law ; whose blood is shed , whose crown and royalty subverted , ruined , in the bloodsh●d , ruine , destruction of his parliament , kingdom , people . as it is in the naturall , so likewise in the politic● body ; a mortall wound in any part of the body , kills both body and head ; the body naturall or politicke cannot die or miscarry , but the head must do so likewise ; therefore this war against the parliament and kingdom , must in point of law and conscience too , be a war against the king himself the chief politick head and member of them both , from which he cannot legally be severed , and high treason at least against them both , as the parliament , the sole judge of treasons hath resolved long since in their * declaration of august . . in th●se positive words ; the lords and commons do declare , that all such persons as shall , upon any pretence whatsoever , assist his majesty in this war , with horse , arms , plate , or money , are traytors to his majestie , the parliament and the kingdom , and shall be brought to condigne punishment for so high an offence : which they have since seconded in sundry other declarations and impeachments . in brief , the gunpowder plot in . iacobi to blow up the parliament house , was then adjudged , resolved by the parliament , * king and judges , to be high treason , not onely against the king , but parliament and kingdom too : and to blow up , or assault the parliament now , in the kings absence , is questionlesse high treason , both against the king , parliament , and kingdom . yea , the statute of . h. . c. . declares those , who shall claim the crown even of right , in any oeher manner then is limited by vertue and authority of that act , after the kings death ; with all their counsellors and abettors , to be deemed and adjudged high traitours to the realm , ( not the king ) and such their offence to be reputed high treason ; and they for it , to suffer such pains of death and forfeiture of lands and goods , as in any cases of high treason is used , onely because it might in common probability ingender a civil war and dissentions in the kingdom , to be destruction of the people and their posterities ; much more then must it be high treason against the realm , and those high traitours who now actually wage war against the parliament , the kingdom , and destroy the subjects and their estates in divers places , which they have burned , sacked , ruined . i read in * fabian , that eguiran , chief councellour to philip the third of france , was judged to death , and hanged on the gibbet at paris , for treason against king philip and the realm of france , as our powder traitors were executed for high treason against the king and realm of england of late , and gaveston with the spensers heretofore . by the stat. of e. . c. . . r. . c. . . r. . c. . . . r. . c. . . r. . c. . . . . h. . stat. . c. . & . mariae c. . certain offences are declared , and made high treason , and the committers of them , traitours and enemies , not onely , to , and against the king , but likewise , to , and against the realm : and in particular ; the illegall indicting of some lords to destroy them , as guilty of high treason , for procuring a commission in parliament supposed prejudiciall to the king and his crown , in r. . c. . and the opposing and annulling of that commission , and of some processe , iudgements , executions , made , given , and affirmed in some of these parliaments , raising forces , and leavying war against the parliament , and members of it to destroy them , were then * adjudged high treason both against the king and the realm ( though done by the kings expresse commission and command : ) the reason is , because the king himselfe and the whole realm in judgement of law , * are ever legally present in and with his parliament when they sit , ( as i have already proved ) where ever the kings person is ; and his royall legall will ( of which alone the law takes notice ) is ever presumed to concur with his greatest counc●ll the parliament , against whose priviledges , safety , and protection he neither can nor ought by law or right to attempt any thing ; and if any personall commands or commissions of the king , under his great seal , to do ought against magna charta , the subj●cts liberty● safety , property , the parliaments priviledges , the common or statute laws of the realm ( all which , together with the kings coronation oath , and the prologues of most old parliaments expresly prohibit the levying of war , killing , wounding , murthering , imprisoning , disinheriting , robbing , or plundering of the subjects , without legall triall or conviction , as do the statutes of r . c. . h. . c. . h. . c. . which prescribe exemplary punishments against such plunderers and robbers , especially the welchmen ; ) issue out to any person or persons whatsoever , especially to raise forces or levie war against the parliament or subjects , they are meerly void in law , and will rather aggravate then extenuate the guilt of those who obey or execute them : as is clearly resolved , not onely by . ass. p. . . brooke commissions : . . cooke l. . f. . . l. . f. . . l. . f. . to . but likewise expresly adjudged and enacted by the statutes of e. . . . c. . . . e . c. . . r. . c. . to . iac. c. . the petition of right , caroli . . e. . artic. super chartas c. . e. . c. . e. . c. . e. . c. . . e. . c. . and generally by all statutes concerning * purveyors : by the memorable old statute of e. . stat. , if any minister of the king , or any other person of what condition soever be be , do or come against any point of the great charter , or other statutes , or the laws of the land , he shall answer to the parliament , as well as the sute of the king , as at the sute of the partie , as far forth where it was done by commission or commandment of the king , as of his own authority : and by that parallel good law recorded by * fabian , made in parliament in the fi●st yeer of king henry the fourth ; that no lord , nor other person of no degree , should after that day lay for his excuse ( as some then did ) any constraint or coacting of his prince in executing of any wrong judgement , or other criminous or unlawfull deeds , saying ; that for fear they durst not otherwise do ; for such excuse after this day shall stand him in no stead . and in this parliament , * hall was judged to be drawn from the tower of london unto tiburne , and there to be hanged and quartered ( which was accordingly executed ) onely because he was one of those who secretly murthered the duke of glocester at calice ( illegally attainted of treason in the parliament of . r. . without due processe of the law , by king richard the second his command , for his good service done in parliament in & . of this king ) and likewise the dukes of aumarl , surrey , exeter , with other noble-men , were deprived of their dukedoms , of most of their lands , castles , honours , for having a finger in this dukes suffocation and death by king richards instigation and command , ( and had lost their heads too if the common people had been their judges , who murmured against king henry for sparing their lives ) as you may read in * walsingham and speed. if these then who murthered but one good peer of the realm by the kings speciall command , for his good service done in former parliaments , after an illegall judgement of high treason given against him , were thus hanged , quartered , degraded as traytors by a solemn judgement in parliament ; how severe a censure may they expect , who without , and before any such conviction or sentence , have taken up offensive arms to murther and destroy the parliament it self and chiefe members of it as traitors , and caused them or any of them illegally to be proclaimed traitors , the more colourably to wage war against them ? all which i would advise his majesties captains , cavalliers , and ill counsellors to consider . the rather , because all levying of war either against the king , or against the kingdom and parliament , ( now made a matter of high treason on both sides ) must and ought to be determined and resolved , which of them is high treason and which not , and the pa●ties guilty of it , must and ought to be tried , arraigned , judged , and condemned for it , onely in and by the parliament , and in and by no other court or iudges , as is punctually resolved by the severall statutes of r. . c. . . . . r. . c. . . . . . h. . c. . and the very words of the statute of e. . c. . of treasons , especially being a new case . if then the parliament are , and must be the onely judges of this question , which of the two parties now in arms are traitors ? and the onely court wherein all must be tried on this point , they may easily judge who are and must be the traitors in this case ; and those who by the kings meer personall command and presence ( whom they have treacherously withdrawn from his parliament ) fight now both against parliament and king in his legall and regall capacitie , when the time of triall comes , will be found reall traytors both to king and kingdom ( what ever their own ignorance , temporizing lawyers , or hopes of prevailing may now suggest unto them ) as the parliament hath already declared them in sundry remonstrances . in the parliament of e. . the two spensers were by a * speciall act of parliament adjudged traitors , banished , and their lands and goods confiscated , for miscounselling this king , and advising him to ride with armed troops of horses and men into glocestershire to assault the good people there , and to levie war within the realm , to the destruction of the church and people , contrary to the form of the great charter , and breach of the peace of the realm : what severe judgement then may those ill counsellors and cavalliers deserve , who have actually levied war , not onely against the county of gloc●ster , ( which they have pitifully harrowed and spoiled , contrary to all law , sacking p cicester to its utter ruine , and leading away the good people thence captives to oxford in triumph , for the most part barefooted , through dirt and mire , in the cold winter season , chained together in ropes , more like to turkish gallystaves then english christian subjects ; onely for this new kinde of supposed treason and rebellion , the defence of their liberties , lives , and goods , against theeving cavalliers , ( which they may defend by law , * and justifie the killing of all those who shall violently assault them or their houses , to rob them of them ) denying them so much as a draught of cold water to quench their thirst by the way , and keeping off all who would give it to them , many of them being since dead at oxford of famine and more then barbarous usage , but likewise against most counties and many towns of england , ( miserably wasted , sacked , pillaged , and some in cold blood burned by them ) and the whole kingdom , parliament , yea king himself in his politick capacitie ; and raised an army of papists against expresse late acts of parliament ; who not onely now set up their long exploded masse openly in yorkeshire , reading , and other places , but ( which my very soul abhors to think of ) have lately in a most impious manner , shit upon the english bible in folio , defaced and burnt many testaments , and godly english books , in iohn hamonds house ( a bookseller ) in marleborough , when they sacked it , in contempt of our religion , setting the chimney on fire with their excessive flames ; and if reports be credible , have since burned divers english bibles , with other good books , in the publike market place at reading , under the very gallows , in detestation of our protestant faith , whose utter extirpation is their chief designe . certainly , if these ill councellers , or murdering plundering cavalliers once come to a legall triall , a gallows will be too milde a punishment to expiate such a prodigious high treason , which former ages can hardly parallel , especially if they persevere therein . but of this more hereafter . sixthly , hence likewise it necessarily follows , that the houses of parliament being the soveraign power , ought of right to enjoy , and may when they see just cause for the kingdoms safety and benefit , order the militia , navy , ports , forts , and ammunition of the realm , and dispose of them into such persons custodies as they may safely con●ide in ; nominate and elect , both the great counsellers , publike officers , and judges of the kingdom ; of right require , ( if not enforce , if wilfully denied ) the kings assent to all publike bils of right and justice , necessary for the common-weal and safety of his subjects , in which the king hath no absolute negative voice ; take up defensive arms to protect their priviledges , laws , liberties , and established religion , not onely against malignants and popish recusants , but the king himself , if he raise forces against them , make war upon them , against his royall oath and duty , declaring himself an open enemy to his parliament and kingdom , that they may lawfully in case of present ruine and danger , without the kings concurrence , when he shall separate himself wilfully from , or set himself against them , ( which the q estates of aragon held a wickednesse in their king alfonso the third : ) impose taxes on the subject , and distrain their goods , imprison , confine , secure their persons for the publike safetie , when they deem it absolutely necessary . all which , with other particulars , i shall ( god willing ) fully prove , by such demonstrations , arguments , punctuall authorities , and undeniable precedents in former ages ▪ as shall , i trust , undeceive the blinded world ; and convince , if not satisfie , the greatest royallists , papists , malignants , both in point of law and conscience , in the next parts of this discourse . errata and omissions in some copies . page . l. . for lawes read courts p. . l. . cons●nts , may be dissolv ▪ by their consents . p. . l. . dele and p. . l. . eleventhly , r. eigh●hly . finis partis primae . the soveraigne povver of parliaments & kingdomes . or second part of the treachery and disloialty of papists to their soveraignes . wherein the parliaments and kingdomes right and interest in , and power over the militia , ports , forts , navy , ammunition of the realme , to dispose of them unto confiding officers hands , in these times of danger ; their right and interest to nominate and elect all needfull commanders , to exercise the militia for the kingdomes safety , and defence : as likewise , to recommend and make choise of the lord chancellor , keeper , treasurer , privy seale , privie counsellors , iudges , and sheriffes of the kingdome , when they see just cause : together with the parliaments late assertion ; that the king hath no absolute negative voice in passing publicke bills of right and iustice , for the safety , peace , and common benefit of his people , when both houses deeme them necessary and just : are fully vindicated and confirmed , by pregnant reasons and variety of authorities , for the satisfaction of all malignants , papists , royallists , who unjustly censure the parliaments proceedings , claimes and declarations , in these particulars . judges . . . . . . . then all the children of israel went out , and the congregation was gathered together , as one man , from dan even to beersheba , &c. and all the people arose as one man , saying ; we will not any of us go to his tent ; neither will we any of us turne into his house ; but now , this shall be the thing , that we will doe to gibeah ; we will goe up by lot against it . and we will take ten men of an hundred , throughout all the tribes of israel ; and an hundred of a thousand , and a thousand out of ten thousand , to fetch victualls for the people , that they may doe to gibeah , according to all the folly that they have wrought in israel . judges . . . . and it was so when the children of ammon made warre against israel , the elders of gilead said unto iepthah ; come , and be our captaine , that we may fight with the children of ammon , &c. then iepthah went with the elders of gilead , and the people made him head and captaine over them . ● ▪ ●●m . . ● . and the king said unto the people , wha●●●●emeth yov best , i will doe . jer. . . . then zedechiah the king said unto the princes ; behold , he is in your hand ; for the king is not he that can doe any thing against yov . it is this th . day of march , . ordered by the committee of the house of commons in parliament concerning printing , that this booke intituled , the soveraigne power of parliaments and kingdomes , be forthwith printed by michael sparke , senior . iohn white . printed at london by i. d. for michael sparke , senior , . to the reader . courteous reader , our usuall proverbe concerning science ; that it hath no enemies but ignorants ; is in a great measure now verified concerning the proceedings of this present parliament ; that few or none malignantly clam or against them ▪ but such who are in a great degree ignorant of our parliaments just saveraigne authority ; though many of them in their own high-towring conceits deeme themselves almost omniscients , and wiser than an hundred parliaments compacted into one . among these anti-parliamentall momusses , there are none more outragiously violent ( papists onely excepted ) in exorbitant discourses , and virulent invectives , against this parliaments soveraigne power , priviledges , orders , remonstrances , resolutions ; then a company of seemingly scient , though really * inscient , selfe-conceited court-doctors , priests , and lawyers ; who have so long studied the art of flattery , that they have quite forgot the very rudiments of divinity , law , policy , and found out such a divine , legall , unlimited absolute royall prerogative in the king ; and such a most despicable impotencie , inanity , yea nullity in parliaments , without his personall presence and concurrence with them ; as was never heard of but in utopia , if there ; and may justly challenge a speciall scene in the next edition of ignoramus . what god himselfe long since complained off ; * my people are destroyed for lacke of knowledge ; may now be as truly averred of the people of england , ( seduced by these blinde guides , or over-reached by iesuitically policies , ) they are destroyed for want of knowledge ; even of the kings just circumscribed prerogative ; of the parliaments supreame unlimited authority , and unquestionable priviledges ; of their owne haereditary liberties , and native rights : of the law of god , of nature , of the realme in the points now controverted betweene king and parliament ; of the machivilian deepe plots of priests and papist● long since contrived , and their confederacies with forraign states ( now visibly appearing ) by secret practises , or open violence , to set up popery and tyranny , throughout our realmes at once ; and by false pretences , mixt with deceitfull protestations , to make our selves the unhappie instruments of our kingdomes slavery , our lawes and religions utter ruine . the ignorance , or inadvertency of these particulars , coupled with a popish blinde obedience to all royall commands though never so illegall ; out of an implicit faith , that what ever the king commands ( though against the expresse lawes of god and the realme and resolutions of both houses of parliament ) may and ought to be obeyed 〈…〉 as some new doctor● teach ▪ hath induced not onely many poore ignorant english and welsh silly soules , but likewise sundry nobles and gentlemen of quality , very unworthily to engage themselves in a most unnaturall destructive warre , against the high court of parliament , and their * dearest native country , to their eternall infamies , and ( which is almost a miracle to consider ) to joyne with the iesuiticall popish party now in armes both in england and ireland , ( and some say under the popes owne standard ) not onely to subvert their owne lawes and liberties , but the very protestant religion here estabished , which they professe they fight for . in this deplorable warre many thousands have beene already destroyed ; and the whole kingdome almost made a desolate wildernesse , or like to be so ere this spring passe over ; and all onely for want of knowledge , in the premises , which would have prevented all those miseries and distractions under which we now languish almost to desperation , and death it selfe . to dissipate these blacke clouds of egyptian darkenesse , spread over all the land , distilling downe upon it in showres of blood insteed of aprill drops of raine , ( and i pray god they make not all our may-flowers of a sanguine dye , ) i have , ( after a long sad contemplation , of my deare countries bloody tragedies ) at the speciall request of some members of parliament , ( according to my weake ability , and few houres vacancy from other distracting imployments ) hastily compiled this undigested ensuing fragment ▪ with the preceding branch thereof , and by their authority , published that in dismembred parts , which by reason of its difficultie to the printers , & urgencie of present publike affaires now in agitation , i was disabled to put forth ( together with the remaining member ) in one intire body , as i desired . be pleased therefore kindly to accept that in fractions , for the present , which time onely must , and ( god-willing ) speedily shall compleat ; which by gods blessing on it , may prove a likely meanes to comprimise our present differences ; and re-establish our much-desired ▪ peace ; together with our religion , lawes , liberties in their native purity and glory ; ( the very crownes , and garlands of our peace ; ) peace accompained with slavery and popery ( both which now menace us , ) being worse then the worst of warres ; and an honourable death in the field fighting against them , better by farre then a disconsolate sordid slavish life , or a wounded oppressed conscience , ( though in a royall pallace ▪ under them . from such a disadvantageous , enslaving , ensnaring , unwelcome peace , good lord deliver us. all i shall adde , is but this request ; a charitable construction , of this meane service for my countries liberty , tranquility , felicity : and if thou , or the republicke reap any benefit thereby , let god onely enjoy thy prayses , the author thy prayers . and because i have walked in an untrodden path , in all the parts of this discourse . — si quid novisti rectius istis candidus imperti ; si non , his uteremecum . the soveraigne power of parliaments and kingdomes . having answered in the former part , the grand objection against the parliaments soveraigne power , i shall in this proceed to the particular crimes now objected against it . the second grand complaint of his a majesty and others , against the parliament is , that both houses by a meere ordinance , not onely without but against the kings assent , have unjustly usurped the power of the militia , a chiefe flower of the crowne , and in pursuit thereof , not onely appointed lieutenants , and other officers , to muster the trained bands in each county ; but likewise seised the ports , forts , navy , and ammunition of the king , together with his revenues ; to regaine all which , his majesty hath beene necessitated to raise an army , and proceed against them in a martiall way . this unhappy difference about the mi●itia , being ( next to the introduction of popery ) the spring from whence our uncivill warres have issued , and the full discussion thereof , the most probable meanes to put a speedy period to them : i shall with as ●uch impartiality and perspicuity , as i may , like a faithfull advocate to my country , and cordiall indifferent well-wisher both to king and parliament , truely state and debate this controversie , beginning with the occasions which first s●t it on foote . in the late happily composed warre betweene england and scotland , ( occasioned by the prelates ) divers counties of england were much oppressed by their lieutenants with illegall levies of souldiers , coat and conduct money , taking away the trained bands armes against their consents , and the like , for which many complaints were put up against them to this parliament ; many of them voted delinquents , unfit for such a trust , and all their commissions resolved to be against law ; so that the militia of the realme lay quite unsetled . b not long after , our northerne army against he scots , the pacification being concluded , was by some ill instruments laboured to march up to london , to over-awe or dissolve the parliament , and quash the bill against the bishops sitting in the house : which plot being discovered , and the chiefe actors in it flying over-sea ere it tooke effect , made the parliament jealous and fearefull of great dangers , if the command of the forces of the kingdome then vacant , should be continued in ill-affected , or untrusty officers hands ; which distrusts and feares of theirs were much augmented by the suddaine generall rebellion of the papists in ireland , who c pretended his majesties and the queenes commissions for their warrant ; by his majesties unexpected accusation of , and personall comming ( with an extraordinary guard ) into the house of commons to demand the five members of it , whom he charged with high treason ; by his entertaining of divers captaines , as a supernumerary guard at white-hall ; and denying a guard to the house ; by the earle of new-castles attempt to seise upon hull , and the magazine there , by command ; by the lord digbies advise to the king , to retire from the parliament , to some place of strength ; by the reports of foraine forces prepared for england , through the solicitation of those fugitives , who had a finger in the former plots ; and by the queens departure into the netherlands , to raise a party there . hereupon the parliament , for their owne and the kingdomes better security ( in the midst of so many feares and dangers threatned to them ) importuned his majesty to settle the then unsetled militia of the kingdome , by a bill , for a convenient time ; and seeing the king himselfe could not personally execute this great trust but by under-officers , by the same bill , to intrust such persons of quality and sincerity ( nominated by both houses , and approved by the king ) as both his majesty , parliament , and kingdome might securely confide in , to exercise the militia , and keepe the forts , magazine , and ammunition of the kingdome under him onely ( as before ) till these blacke clouds were dissipated . which his majesty refusing to grant in so ample manner as was thought meete for their security ; by a vote of both houses ( when they were full ) the militia was committed to divers noble lords and others ; many of whom have since laid downe their commissions , which they at first accepted from the houses , and instead thereof , beene active instruments in executing the commission of array ; ( issued out by his majesty , in direct opposition to the militia ) which the houses by two severall declarations have since voted and manifested , to be against the law , and liberty of the subjects . and to prevent the arrivals of foraine forces , and a civill warre in the bow●ls of the kingdom , they first put the tower of london , by the kings consent , into a confiding hand , trusted by either party ; then they secured hull and the magazine there ; after this , when they were informed his majesty had seised newcastle , and was raising an army , they possessed themselves of the navy , portsmouth , with other ports and forts ; and sequestred his revenues ; ( the nerves with which he should support this unnaturall civill warre ) which by degrees hath now overspread the whole kingdome , and threatens inevitable desolation to it , if not speedily determined , by an honourable safe accommodation . this being the true state and progresse of the militia , the sole question will be ; whether all the former circumstances of danger , & his majesties refusall to settle the militia , ports , &c. by an act ; in such trusty hands , as both king and parliament might confide in ; the parliament by an ordinance of both houses onely , without the king , refusing to joyne with them , and wilfully absenting himselfe from the parliament , might not in this case of necessity and extremity , ( for their owne , and the kingdomes safety ) lawfully settle and seise the premises , for the present , as they have done ? and whether this be a just ground for the king to begin or continue a desperate civill warre against his subjects ? for my part , i shall not undertake to justifie all passages on either side , in the managing of this businesse ; it may be there have beene errors at least in both parties : which to reconcile , as neere as possible , i shall premise such propositions on either hand , as neither can in justice deny . on the kings part it is irrefragable : first , that the kings of england , ( yea generally all kings where ever ) have usually enjoyed the chiefe ministeriall ordering of the militia ( in such sort as it hath beene setled by their parliaments ) for the defence of the kingdome by land and sea , against foraine enemies : a truth acknowledged , not onely by judge crooke , and hutton , in their arguments against ship-money , but by the parliament it selfe , in their two declarations against the commission of array ; the d scripture it selfe in sundry places , together with e aristotle , f polybius , g cicero , h iacobus valdesius , the i histories of all kingdomes attesting , that the originall cause of erecting kings was , and one principall part of their royall office is , to be their kingdomes generals in their warres , and fight their battailes for them ; the kings of sparta , and others , yea , the ancient roman emperours , being k nothing but their generalls to manage their warres , and oft elected emperours by the roman legions , for their skill in martiall affaires . secondly , that it is not onely l expedient , but in some respects necessary , that this chiefe ministeriall command of the militia , forts , and navy , should constantly continue in the crowne ; unlesse it be in some speciall cases ; as when the king is an infant , or unable , or unwilling to discharge this trust ; or intends to imploy this power against his subjects to infringe their liberties , and erect a tyranny instead of a royalty over them : and that it is not meete nor honourable to deprive his majesty of this part of his soveraignty , as long as he shall faithfully discharge his trust herein , but onely to recommend unto him such persons of trust and quality to manage the militia , forts , and navy under him , in these times of war and danger , in whose fidelity the parliament and whole kingdome may confide , and so be freed from their just jealousies , feares , and dangers . thus farre the houses have already condescended ; and upon these indifferent termes ( as they conceive them ) have oft m profered to resigne up all the ports , forts , ships , magazines , and ammunition they have seised on , into his majesties hands , they never desiring , nor intending to devest him of this his soveraigne power over them . on the parliaments part , it must necessarily be granted to them by the king : first , that the whole power which either his majesty hath or claimes , or his predecessors enjoyed over the militia , forts , navy , ammunition , & revenues of the crown ; was originally derived and granted to his ancestors , by the parliaments and kingdomes free consents , * and that onely upon trust and confidence for their prot●ction , benefit , security , as the premises abundantly evidence . secondly , that the king hath no other power over the militia , to array , arme , or muster his subjects in any case , then onely in such manner as the parliament by speciall acts hath prescribed , as sir edward cooke in his institutes on magna charta , f. . . this parliament in the two declarations against the commission of array , and judge crooke and hutton in their arguments against ship-money , have largely proved . thirdly , that in ancient times , in and before edward the confessors dayes , and since the heretoches ( or lord lieutenants of every province and country ) who had the chiefe power of the militia , and commanded them as their generals in the warres , were elected by the common councell of the kingdome ( the parliament ) throughout all provinces of the realme , and in every county ( by the freeholders ) in a full folkmote , or county court ; as appeares by the expresse words of king edwards owne lawes , recorded in n mr. lambard ; recited and affirmed by sir edward cooke in his institutes on magna charta , f. , . fourthly , that the sheriffe of every county ( who both * then had , and now hath full power to raise the militia , and forces of the county upon any occasion , to apprehend delinquents , execute proces of the law , suppresse riots , and preserve the peace of the county ) were not elected by the king , but by the free-holders of each county , as the o conservators of the peace , and all great officers of trust , then were , and the p coroners , foresters , and other officers , then and yet are elected by the free-holders , ( as well as q knights , citizens , and burgesses of parliament ) even at this very day ; this is evident by the expresse words of king edward the confessors lawes . cap. de heretochiis ( recorded by mr. lambard , archaion , p. . and sir * edward cooke ) attesting that the sheriffes of every county were chosen by the freeholders in the county court : and by the articles of deprivation against richard the second , charging this upon him as an illegall encroachment , * that he put out divers sheriffes , lawfully elected ( to wit , by the free-holders , ) and put in their roomes divers of his owne minions , subverting the law , contrary to his oath and honour . r in the yeare . the barons , by vertue of an ordinance of parliament made at oxford , in the yeare of henry the third , admitted and made sheriffes of divers counties in england , and named them guardians and keepers of those counties , and discharged them whom the king had before admitted . after which , great tumults and seditions arose throughout the counties of england about the sheriffes ; for the * king making new sheriffes in every county , and removing with regall indignation , those to whom the custody of the counties was committed by the barons and commons of the land ; the inhabitants of the counties animated with the ass●stance , and ayded with the counsell of some great men of the realme , by whom they were instructed ; with great sagacity , novos r●pulere viriliter vicecomites , manfully repulsed the new sheriffes ; neither would they answer , regard , or obey them in any thing . whereat the king being grievously troubled in mind , to gaine the peoples devotion & fidelity , directed his letters to all the inhabitants of the several counties of england , moving to piety & tending to regaine the subjects love . wherupon great discord increased betweene the king and his barons ; who comming to london with great forces , the king finding himselfe too weak , ended the matter for the present with a fained accommodation , which soone after was infringed by him ; and so , conquievit tandem per internuncios ipsa perturbatio , sub spe pacis reformandae , sine strepit●● guerrae , quorundum procerum ad hoc electorum considerationibus , parte utraque concorditer inclinata : sicque baronum omnis labor , atque omne studium praecogitatum diu , quorundam ( ut putabatur ) astutia intermixta cassatum est ad hoc tempus , & emarcuit ; quia semper nocuit differre paratis ; writes matthew westminster ▪ notwithstanding these contests , the people still enjoyed the right of electin ▪ sheriffes , which is evident by the statute of articuli super chartas , in the . yeare of king edward the first , c. . the king granteth to the people ( not by way of grace but of right ) that they shall have election of their sheriffe in every shire ( where the shrevalty is not of fee ) if they list , and chap. . for as much as the king hath granted the election of the sheriffes to the commons of the shire , the king will , that they shall chuse such sheriffes , that shall not charge them , &c. and sir edward cooke in his commentary on magna charta , f. , . , . . proves at large , the right of electing sheriffes , to be antiently , of late , ( and at this day in many places ) in the free-holders and people , as in london , york , bristoll , glocester , norwich , in all great cities which are counties , and in middlesex . seeing then the parliament and free-holders , in antient times had a just right to elect their generals , captaines , sheriffes , ( who had the sole power of the militia , and counties in their hands next under the king himselfe ) and there is no negative law in being ( that i can find ) to exclude them from this power ; i humbly conceive , that their setling the militia by an ordinance of both houses , and electing of commanders , lieutenants , captaines in each county to execute it , and defend the counties from plundering , and destruction , without his majesties consent ( especially after his refusall to settle it by an act ) can be no incroachment at all upon his prerogative royall , but only a reviving and exercising of the old undoubted rightfull power enjoyed by their predecessors , now necessary to be resumed by them ( in these times of feare and danger ) for the kingdomes safety . fifthly , the mayors , bayliffes , sheriffes , chiefe officers of cities and townes corporate throughout● the realme , ( who under the king have the principall command of those cities , townes , ports ▪ and in many places of the militia , and trained bands within them ) are alwayes chosen by the corporations and freemen , not the king , without any derogation to , or usurpation on his prerogative . why then may not those corporations , ( yea each county too by the like reason ) and the parliament , which represents them and the whole kingdome , without any prejudice or dishonour to his majesties authority , by an ordinance of both houses of parliament , without the king , dispose of the militia , and these military officers , for the defence of those corporations , and the realme too , now , in times of such apparent danger ? sixthly , all * military affaires of the kingdome heretofore , have usually , even of right , ( for their originall determining , counselling , ann disposing part ) 〈◊〉 ordered by the parliament ; the executive , or ministeriall part onely , by the king ; and so hath beene the use in most other kingdomes : to instance in particulars . first , the denouncing of warre against foraine enemies , hath beene usually concluded and resolved on by the parliament , before it was proclaimed by the king : as our records of parliament , and histories of warres in the holy-land , fr●●ce , scotland , ireland , abundantly evidence . s king henry the fifth by the advise of his prelates , lords , and commons in parliament , and at their encitement , twice denounced and undertooke his victorious warre against france , to which crowne he then laid claime , for which end they granted him subsidies : king t edward the . in the yeare of his reigne , calling a parliament at london , de concilio praelatorum & procerum , &c. by the advise of his prelates , lords and parliament , denounced war against the king of france : to recover his right and lands there seised . which to effect , both the clergy and laity granted him large subsidies . in the u fifth yeare of king edward the third , the warre against scotland was concluded and resolved on , in and by the parliament ; all the nobles and commons of england telling the king , they would gladly and willingly assist and goe with him in that expedition , which they vigorously prosecuted : before this , anno . a peace ( as well as war ) was conec●uded with the scots in and by a parliament at northampton . x anno . king henry the third summoning a parliament , and demanding ayd of his subjects to assist him in his warre against the king of france , to recover his rights there , they gave him a resolute answer , that they would grant him no ayde , and that he should make no war with france till the truce were expired : which matthew paris thus further expresseth : the nobles answered him with great bitternesse of heart ; that he had conceived this warre and vnyage into france without their advise : et talia effrons impudenter postularat , exagitans & depauperans fideles suos tam frequenter , tra●ens exactiones in consequentiam quasi a servis ultimae conditionis , & tantam pecuniam toties extorsit inutiliter dispensandam . contradixerunt igitur regi in faciem , nolentes amplius sic pecunia sua frustratorie spoliari . the king hereupon put them off till the next day ( romanorum usus vertutis fallaciis ) and then they should heare his minde concerning this and other matters . the next day he cals them one by one into his privy chamber , now one , then another , like a priest calling penitents to confession ; and thus those whom he could not all together overcome , weakned by being every one apart , hee endeavoured more cunningly to enervate with his words ▪ and demanding a pecuniary ayde of them he said ; see what this abbot hath granted me towards my aide ; behold what another hath subscribed , producing a fained roll , that such and such an abbot or peere had subscribed such a summe , when in truth not one of them had consented to it , neither came it into their thoughts . the king therefore with such false copies , and ensnaring words . cunningly inveagled many : notwithstanding most stood out , and would by no meanes recede from the common answer , which they had sworne not to recede from under paine of an anathema . to whom the king answered in anger , shall i be perjured ? i have sworne with an inviolable oath , that passing over sea , i will with a stretched out arme demand my rights of the king of france , which i cannot doe without store of treasure , which must proceed from your liberality , else i can by no meanes doe it . neither yet with these , or other words could hee entrap any , albeit , he called every man single to conferre with . after this , he againe called others which were more familiar with him , and so talking to them said , what a pernitious example give you to others ? you who are earles , barons , and valiant souldiers , ought not to tremble as others , to wit , prelates of the church doe . you ought to be more covetous to demaund the kings rights , and valiantly to fight against those who wrong me , &c. with what face then can you relinquish me poore and desolate now , being your lord , in such a weighty businesse which concernes the common-wealth , when i am bound by promises to passe the seas , which i ratified with an oath ? which when it came to the knowledge of all , they answered : we admire beyond all that can be spoken , into what bottomlesse pit the innumerable summes of money are sunke , which thou lord king hast cunningly gained , by divers wardships of great men , by various escheates , frequent extortions , as well from churches voyd of a pastour , as from the lands of noblemen , free granted donatives , engendring amazement in the hearts of the hearers , all which have never brought so much as the least increase to the kingdome . moreover all the nobles of england doe overmuch admire , quod sine eorum consilio et consensu , that without their counsell or consent you haue undertaken so difficult and perilous a businesse , giving credit to those who want faith , and contemning the favour of thy naturall subjects , exposest thy selfe to cases of so doubtfull fortune : thou dishonestly and impudently , not without just perill of thy soule , and wounding of thy fame breakest the articles of the truce betweene the king of france and thee , which thou hast sworn upon thy soule indissolubly and unviolably to keepe for three yeares space , &c. the king hearing these things , was exceeding angry , swearing by all the saints , that he would be revoked by no terrour , nor perswaded by any circumstances of words , to retard his begun purpose , and taking ship on quindena paschae , would undauntedly try the fortune of warre in foraine parts . and so the parliament dissolving in discontent and secret heart-burning on both sides , the lords and barons for a perpetuall memory of their heroicke answer returned to the king , set it downe in a notable remonstrance ( too large to transcribe ) which you may reade in * matthew paris . after this in the yeare . this * king summoned a generall parliament at london , wherein hee demaunded an ayde from his lords and commons to recover his right in france ; who instead of granting it , informed him very roundly and fully of his unkingly and base oppressions both of his subjects and strangers , to his owne and the kingdomes dishonour , and of his tyranny and rapines : at which the king being confounded and ashamed in himselfe , promised a serious and speedy reformation ; which because they thought to be but feigned , he answered they should shortly see it ; whereupon they replyed , they would patiently expect it till fifteene dayes after st. iohn baptist , adjourning the house till then . but the king seduced , hardned and much exasperated by his bad counsellers and courtiers , giving then a very high displeasing answer to their demands ; they all unanimously answered , that they would no more unprofitably impoverish themselves to enrich and strengthen the king and kingdomes enemies ; and that he had precipitately and indiscreetly , and without their consent hastned into poictiers , and gascoygne , and engaged himselfe in that warre ; whence he returned ingloriously with losse of his honour and treasure , to his great reproach . and so this parliament dissolving with discontent , the king grew very angry with his ill counsellors , for putting him upon these courses , which lost the hearts of his nobles and people : who to pacifie his anger and supply his wants , advised him to sell all his plate , utensils , and jewels to the londoners , and then to resume and seise them againe , as belonging to the crowne . y anno . the same king henry summoned a parliament to assist him in his warres in apulia ; but because he had taken upon him that warre without his barons and parliaments consent they and his owne brother , richard earle of cornwall , refused to grant or lend him any ayde . and * because all the barons and commons were not summoned to this parliament , as they ought to be , according to the tenor of magna charta , they refused to doe any thing , or grant any aide without the rest of the peeres were present ; and so returned home discontented . after this , z anno . this king summoning a parliament at london , demaunded ayde of them towards his warres in apulia ; to which the parliament gave this resolute answer , that they could no wayes supply him in this case without their owne undoing : and if he had unadvisedly , and unseemingly gotten from the pope the kingdome of apulia for the use of his son edward , he should impute it to his owne simplicity , and that he had presumed uncircumspectly without the consent of his nobles to undertake this warre , as a contemner of deliberation and prudence , which is wont to forecast the end of things ; therefore he should bring it to what issue he best could , and should take example from his brother richard , who refused the empire tendred to him , &c. in the second yeare of a king edward the second , he consented to this act of parliament , that he would begin no warre without common consent in parliament , which he then confirmed with an oath . so b an. edward . the lords and commons utterly refused to goe with the king to his wars in flanders , though they were summoned to doe it ; because this warre was proclaimed without their consents and good likings ; and they were not bound by their tenures to goe unto it ; petitioning the king to desist from this warre ; and at last caused the king in parliament to release these services . and c anno . the lords and commons for this very reason , refused to go with king iohn to his warres in france to recover his inheritance there . * in the sixt yeare of king richard the second , in a parliament holden at london , it was for many dayes together debated , whether the bishop of norwich ( henry spens●r ) wh●m the pope had made generall of his forces against the schismatickes of flanders , giving great indulgences to those who should assist him in person or with monies in this warre , should undertake that warre or no ? and after mu●h opposition of the captaines of the kingdome , alledging , that it was not safe to commit the people of the king and kingdome to an unexpert priest ; it was at last resolved in parliament ( through the constancy and valour of the knights and commons ) that he should undertake this war , and goe generall of the army : which office he valiantly managed with good successe ; being a better souldier than preacher . and the same yeare in another * parliament at london ; it was decreed by the parliament , that because the scots had broken their faith with the english , faith should be broken with them . ( frangenti fidem , fides frangatur eidem : ) and that a select power should be sent into scotland out of england , ( to wit , a thousand lances , and . archers ) to curbe their attempts , under the conduct of the lord thomas of woodstocke : which the scots being informed of , were greatly afraid , and in the end of the parliament sent humble supplicants to it , to treat with them about a peace or truce , which they desired . but the english having had such frequent experience of their falshood , would neither treat nor compound with them ; but reviling their messengers , commanded them to returne home , wishing them to defend their heads and rights as well as they could . who returning , the northerne lords undertooke the defence of their country , untill thomas of woodstocke should be p●epared to ayd them with greater forces . loe here both generalls , armies , warres appointed by the parliament , and subsidies likewise granted to supply them ; and the making of a peace or truce referred to them , it being agreed in a former treaty ; that if any dammage or injury should be done by either nation one to another , some speciall committees should be sent to the parliament of both kingdomes every yeare , who should publikely relate the injuries sustained , and receive amends according to the dammage suffered , by the judgement of the lords . in the printed statutes of ed. . parliament . and in our d historians too , ( i finde this preamble , recited almost verbatim , the next parliament the same yeare , chap . ) it is to be remembred , that at the parliament h●lden at westminster , the munday next after the utas of the holy trinity , in the reigne of our soveraigne lord the king that now is , of england the . and of france the . many things were shewed in full parliament , which were attempted by the adversary party , against our soveraigne lord the king of france , against the truce late taken in britaine , betwixt our soveraigne lord the king , and him . and how that he enforceth himselfe as much as he may , to destroy our said soveraign lord the king , and his allies , subjects , lands and places and the tongue of england . and that was prayed by our said soveraigne lord the king of the prelates , great men and commons , that they would give him such counsell and aide as should be expedient in so great necessity . and the same prelates , great men and commons taking good deliberation and advice , and openly seeing the subversion of the land of england , and kings great businesse , which god defend , if hasty remedy be not provided , have counselled joyntly and severally , and prayed with great instance our soveraigne lord the king , that he would make him as strong as he might to passe the sea , in assurance of the ayde of god and his good quarrell , effectually at this time , to make an end of his warres by way of peace or else by force . and that for letters , words , nor faire promises , he shall not let his passage , till he see the effect of his businesse . and for this cause the said great men do grant , to passe and adventure them with him . and the said commons doe grant to him for the same cause in a certaine forme , two quinzimes of the commonalty , and two dismes of the cities and burroughes , to be levyed in manner as the last quinzime granted to him , and not in other manner , &c. so that the money levyed of the same , be dispended in the businesse shewed to them this parliament , by advice of the great men thereto assigned . and that the aydes beyond trent , be put in defence of the north . a pregnant precedent of the parliaments interest in concluding warre and peace , and disposing of the ayde contributed towards warres , to such persons and uses as they deeme meete to confide in . by these , with infinite other precedents , the statute of iac. c. . and the act of pacification and oblivion betweene scotland and england , made this very parliament , enacting that no warre shall be levyed or made by any of either nation against the other without consent of parliament , under paine of high treason ; it is evident , that the principall right of concluding , denouncing warre or peace , resides in the parliament : and that the king without its previous advice and consent , ought not to proclaime any open warre , since the subjects estates ; and persons must support , wage it , and receive most disadvantage by it ; a truth not onely implyed but resolved by his majesties owne royall assent this very parliament in the act of pacification betwixt england and scotland . neither is this thing unusuall but common in other kingdomes . e livy , f polybius , g grimston , h plutarch , i iohn bodin expresly affirme and confirme by sundry examples ; that in the roman state , both under their kings and emperours , the chiefe power of denouncing warre and concluding peace , was in the senate and people : and if any of their emperours , consuls or generals concluded peace without their consents , it did not binde , but was meerely voyd , unlesse the senate and people ratified it by a new decree : neither might any warre be decreed , but in the great assembly of the senate and people together , and by a publike law. and because caesar had , without command of the people , made warre in france , cato uticensis delivered his opinion in the senate , that the army was to be called home , and caesar for his presumption delivered up to the enemy . so in the states and kingdomes of the * athenians , aetolians , polonia , sweden , denmarke and norway , no warre was begunne , nor peace concluded by their kings but by the authority and preceding decree of their senates , parliaments and diets , as k bodin proves at large . the like l buchanan affirmes of the kings of scotland ; and we have divine authority concurring with it , iosh. . , , &c. iudg. . . to . compared with prov. . . c. . . and iudg. . secondly , all preparations belonging to warre by land or sea , have in the grosse and generall , beene usually ordered , limited and setled by the parliaments : as namely , first , what proportions and summes of money should be raised for the managing of the warre ; in what manner and time it should be levyed ; to what hands it should be paid ; and how disbursed : which appeares by all the bills of subsidies , tenths , taxes , tonnage and poundage in the reignes of all our kings . secondly , how every man should be mustered , arrayed , armed , according to his estate , m as is cleare by all our statutes of armour , musters , captaines , ships , horses , warres , reduced under heads by n rastall ; where you may peruse them : by justice crookes and huttons arguments against ship-money ; sir edward cookes institutes on magna charta , f. , . the parliaments two late declarations against the commission of array : and the statute of winchester , . e. . c. . thirdly , how farre every man shall march when he is arrayed , o when he shall goe out of his owne county with his armes , when not : who shall serve by sea , who by land ; how long they shall continue in the warres ; when they shall be at their owne , when at the kingdomes , when at the kings costs or wages , and for how long time ; as the marginall statutes , and next forecited law authorities manifest . fourthly , when , where , and by whom p liveries , hats , coates , shall be given in warres , when not , and what q protections or priviledges those who goe to warres , or continue in them shall have allowed them . fifthly , what r shares or proportions of prisoners , prises , booties , captaines and souldiers should be allowed in the warres : and at what s ports and rates they should be shipped over sea. sixthly , t how and by whom the sea shall be guarded , and what jurisdiction , authority , and share of prises the admirals of england shall have ; when the sea shall be open ; when shut to enemies and strangers ; what punishments inflicted for mariners abuses on the sea ; and what redresse for the subjects there robbed by enemies or others . seventhly , what u castles , forts , bulwarkes , shall be built or repaired for defence of the realme , in what places , and by whose charges . eightly , what x punishment shall be inflicted upon captaines , who abuse their trust , detaine the souldiers wages , and on souldiers , who sell their armes , or desert their colours without speciall license . ninthly , what y provision there shall be made for , and maintenance allowed to souldiers hurt or maimed in the warres by land , and for mariners by sea. tenthly , that z no ayde , armour , horses , victuals shall be conveyed to the enemies by way of merchandise , or otherwise during the warres ; that all scots , and other enemies should be banished the kingdome and their goods seised whiles the warres continued betweene england and them . eleventhly , how a frontier castles and townes toward wa●es , and other places of hostility should be well manned and guarded , and no welchmen , irish , scots or alien enemies should be permitted to stay in england to give intelligence , or suffered to dwell or purchase houses or lands within those townes ; and that they shall all be disarmed . twelfthly , after what b manner purveyances shall be made by the captaines of castles , and how they shall take up victuall . in one word , warres have beene ended , leagues , truces made , confirmed , and punishments for breach of them , provisions for preservation of them enacted by the parliament , c as infinite precedents in the parliament rols and * printed acts , demonstrate . so that our parliaments in all * former ages , even in the reignes of our most martiall kings , have had the soveraigne power of ordering , setling , determining both the beginning , progresse , and conclusion of our warres , and the chiefe ordering of * all things which concerned the managing of them by sea and land ; being indeed the great counsell of warre , elected by the kingdome , to direct our kings ; who were and are in truth but the kingdomes chiefe lord generalls , ( as the d ) roman emperours , and all kings of old were their senates , states and peoples generals , to manage their warres and fight their battailes ) the soveraigne power of making and directing warre or peace , being not in the emperours or kings themselves , but in their senates , states and parliaments , as e bodin proves at large . and being but the kingdomes generals , f who must support and maintaine the warres , there is as great reason that they should direct and over-rule kings in the ordering of their warres and militia when they see cause , as that they should direct and rule their lord generall now , or the king his generals in both his armies . during the g minorities of king henry the sixth , and edward the sixth , the parliament made the duke of bedford regent of france , and the dukes of glocester and sommerset , lord protectors of england ; committing the trust of the militia , and warres to them : and ( i ) . h. . the parliament made h richard duke of yorke , lord protector of the realme , and gave him like power , when the king was of full age . and in our present times : the king himselfe this very parliament voluntar●ly committed the whole care and managing of the warres in ireland and the militia there to this present parliament ; who appointed both the commanders and al other officers of the forces sent hence into ireland : and that without any injury , or eclipse , to his majesties royall prerogative . if then the subjects and parliament in ancient times , have had the election of their generals , captaines , commanders , sheriffes , mayors , and other officers , having the chiefe ordering of the militia under the king ; if they have constantly ordered all parts and matters concerning the warres in all former kings reignes ; appointed regents and protectors , committing to them the kings owne royall power over the militia , during their minorities ; and his majesty himselfe hath permitted this parliament to order the militia of ireland , to which they have no such right or titleash to that of england , without any prejudice to his prerogative ; i can see no just exception , why his majesty should at first , or now deny the parliament such a power over the militia , as they desired for a time ; or why in point of honour or justice , their bill for setling the militia in safe under hands , in such persons as both sides may well confide in , should now be rejected , being for the kings , kingdomes , and parliaments peace and security ; much lesse , why a bloody intestine warre should be raised or continued , upon such an unconsiderable point on his majesties part : who seeing he cannot manage the militia in proper person in all counties , but onely by substitutes ; hath farre more cause to accept of such persons of honour and quality as his parliament shall nominate ( in whom himselfe and his whole kingdome in these times of warre and danger may repose confidence ) to execute this trust , then any whom his owne judgement alone , or some private lords or courtiers shall recommend , in whom the kingdome and parliament , in these jealous deceitfull times , dare not confide . the yeelding to the parliament in this just request , will remove all feares and jealousies , restore our peace , re-gaine his majesty the reall affections of his discontented subjects ; the persisting in the contrary course will but adde fuell to our flames , feares , doubts , dangers , and frustrate all hopes , all endevours of peace . from the militia it selfe , i descend to the consequencies of its denyall , the parliaments seising upon hull , with other ports and forts , the royall navy , ammunition , armes , revenues , and detaining them still from his majesty , the grand difference now pretended , whence the present warre hath emerged ; which these ensuing considerations will in a great measure qualifie , if not altogether satisfie . first , his majesty and all royalists must necessarily yeeld , that the ports , forts , navy , ammunition , armes , and revenues thus seised on by the parliament , though his i majesties in point of possession , yet are not his , but the kingdomes in point of right and interest ; they being first transferred to , and placed on his predecessors and himselfe by the parliament and kingdome : not in right of propriety , but k conditionally upon trust , ( his majesty being but a publike officer ) for the defence and safety of the realme ; and though his majesty came to them by descent , yet it was but in nature of the heire of a feoffee in trust , for the use and service of the kingdome ; as a king in his politicke ; not as a man or proprietor in his naturall capacity ; as our l law bookes , terminis terminantibus resolve . hence it hath been oft adjudged ; m that the king can neither by his will in writing , nor by his letters patents , devise or alien the lands , revenues , jewels , ships , forts , or ammunition of the crowne ( unlesse it be by vertue of some speciall n act of parliament enabling him to doe it by the kingdomes generall consent ; ) and if any such alienations be made , they are voyd in law , and may be , yea have beene o oft resumed , reversed by the parliament ; because they are not the kings , but kingdomes , in point of intere●t and propriety : the kings , but in possession and trust for the kingdomes use and defence . hence it is , that if the king dye , all his p ships , armes , ammunition , jewels , plate , debts to the crowne , moneyes , arrerages of rents or subsidies , wards , and rights of presentments to voyd churches , goe onely to his successors , not to his executors , ( as in case of a common person , ) because he enjoyes them not as a proprietor ( as other subjects doe ) but as a trustee onely , for the g kingdomes benefit and defence ; as a h bishop , abbot , deane , mayor , or such like corporations , enjoy their lands , not in their naturall but politicke capacities , for the use and in the right of their churches , houses , corporations , not their owne . upon this ground i king harold pleaded his oath and promise of the crowne of england to william the conquerour , without the kingdomes consent , to be voyd ; and k king philip , with all the nobles , of france , and our owne parliament ( e. . rot . par● . nu . . ) unanimously resolved , king iohn his resignation and grant of the crown and kingdome of england , to the pope , without the nobles and parliaments consents , to be a meere nullity , voyd in law , binding neither king nor subject ; the crowne and possessions of it , being not the kings but kingdomes . and before this , * anno do● . . in the great councell of lyons , under pope innocent , to which king henry the third , sent foure earles and barons , together with the english prelates , and one master william powyke an advocate , to complaine of the popes exactions in the councell , which they did ; where they likewise openly protested against the annuall tribute extorted by the pope , by grant from king iohn , ( whose detestable charter granting that annuall tribute , was reported to be burnt to ashes in the popes closet , by a casuall fire during this councell ) as a meere nullity , and that in the behalfe of the whole kingdome of england ; eo quod de regni assensu non processerat , because the kingdome consented not thereto ; and because the king himselfe could make no such charter to charge the kingdome . which matthew paris thus expresseth . w. de poweric anglicanae vniversitatis procurator assurgens , gravamina regni angliae ex parte universitatis angliae , proponens satis eleganter ; conquestus est graviter , quod tempore belli per ●●uriam romanam , extortum est tributum injuriose , in quod nunquam patres nobilium regni , vel ipsi consenserunt , nec consentiunt , neque in futurum consentient , unde sibi petunt justitiam exhiberi cum remedio . ad quod papa , nec oculos elevans , nec vocem , verbum non respondit . upon this reason ( l ) matthew paris speaking of king henry the third his morgaging his kingdome to the pope , * anno . for such monies as he should expend in the warres : useth this expression . rex secus quam deceret , aut expediret , se , suumque regnum , sub paena exhaeredationis , quod tamen facere nec potuit nec debuit , domino papae obligavit . hence king edward the third , having the title of the king and crowne of france devolved to him , which made some of the english feare , that they should be put in subjection to the realme of france , against the law ; the parliament in the . yeare of his reigne , stat. . passed a speciall act , declaring ; that the realme of england never was , nor ought to be in subjection , nor in the obeysance of the kings of france , nor of the realme of france : and enacting ; that the king of england or his heires , by colour of his or their titles to the crowne , seale , armes , and title of the king of france should not in any time to come put the realme of england , or people of the same , of what estate or condition soever they be , in subjection or obeysance , of him , nor his heires nor his successors , as kings of france , nor be subject , nor obedient , but shall be free and quite of all manner subjection , and obeysance as they were wont to be in the time of his progenitors , kings of england for ever . by the statute of r. . c. . it is resolved , that the king could not alien the land , castles , ships , revenues , jewels , and goods of the crowne ; and a commission is thereby granted to inquire of , and resume all such alienations as illegal . hence the commons in the parliament of r. . c. . of praemunire , in their petition to the king , and the whole parliament in and by that law , declared ; that the crowne and kingdome of england , hath been so free at all times , that it hath beene in subjection to no realme , but immediately subject to god , and to none other ; which ( by the prosecution of suites in the court of rome for benefices , provided against by this act ) should in all things touching the regality thereof , be submitted to the bishop of rome , and the laws and statutes of the realme be by him defeated and frustrated at his will , to the destruction of the king , his soveraignty , crowne and regality , and of all his realme ; in defence whereof in all points , they would live and dye . hence the kings of england have alwayes setled , entailed , and disposed of the succession and revenues of the crowne by speciall acts of parliament , and consent of the whole realme , because the whole kingdome hath an interest therein , without whose concurring assent in parliament , they had no power to dispose thereof : as the statutes of r. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . mar. c. . and parl. . c. , . eliz. c. . eliz. c. . iac. c. . hals chron. f. . . h. . p. . . to . doniels hist. p. . , . abundantly manifest , and cooke l. . the princes case . upon which ground * king edward the sixt , his devise of the crowne of england to the lady iane , by his last will in writing , without an act of parliament , contrary to the statute of h. . c. . was adjudged voyd ; though subscribed and sworne to , by all the lords of the privy counsell , and all the iudges but one ; and queene iane , with the duke of northumberland and others , who proclaimed her as queen of england by vertue of this devise , were condemned and executed as traytors : whereas auy private subject may devise , and settle his estate as he pleaseth , without any speciall act of parliament to authorize him . hence in the parliament roll of h. . num. . the last will and testament of deceased henry the fifth , and the legacies therein bequeathed of . markes in goods , chattels , jewels , moneyes for payment of the kings debts , are ratified by the lords , commons , and protectors , concurring assents by an act of parliament , as being otherwise invalid to binde the king or kingdome . and num. . queene katherines dower of . scutes per annum , concluded on by articles upon her marriage , and by a parliament held the second of may in the . yeare of king henry the fifth , well approved , authorized and accepted , which articles that king then swore unto , and the three estates of the realme of england , to wit , the prelates , nobles , and commons of england , in that parliament , and every one of them , for them , their heires and successors , promised well and truely to observe and fulfill for ever , as much as to them and every of them appertained : was after her husbands death , upon her petition , by a speciall patent made by this infant king her son , with the assent of the lords spirituall and temporall , and commons of england , in that present parliament assembled , assigned , setled , and confirmed , out of the crowne lands therein specified : else it had not beene binding to the successor king or realme : the crowne lands being the kings but onely in the kingdomes right ; whence all our queenes dowers and joyntures have usually been setled and confirmed in and by parliaments , ( wheras any other man may endow or make his wife a good joynture , without the parliaments assent or privity ; ) and in * e. . the queene dowagers great ioynture ( which tooke up three parts of the kings revenues ) by common consent in a parliament , held at nottingham , was all taken from her , ( because not duely setled by parliament , and too excessive , to the kings and kingdomes prejudice ) and she put to a pension of . li. per annum , during her life . and by the statute of h. . c. . it is expressely resolved , that king henry the fifth could not alien or pledge the ancient jewels or goods of the crowne , to maintaine his warres , without a speciall act of parliament ; and if he did , those to whom he pawned or sold them , were still accomptable to the crowne for them , and the alienation voyd ; whence , the carrying of the jewels , treasure , and plate of the kingdome over sea into ireland without assent of the nobility and parliament , was one of the m articles objected against richard the second in parliament , when he was deposed ; the jewels and crowne lands being not the kings in right of property and interest , but the kingdomes onely ; and so all alienations of them without the parliaments consent voyd , and usually n resumed by the parliament ; witnesse the notable act of resumption in h. . and h. . c. . of all the kings grants of any honours , castles , townes , villages , manors , lands , rents , reversions , annuities , &c. from the first yeare of his reigne till then , with divers other precedents of resumptions in the margin , in king stevens , rich. , . & hen. , , & . their reignes . these resolutions of our common and statute law , are seconded by many forraigne civilians , as baldus in proem . de feud . n. . . aretine in rubric . lucas de penna . cod. de omni agro deserto . l. quicunque f. , . albericus de rosate : quodcunque . praescrip . bene a zenone . n. . f. . . . boetius epan . haeroic . quest . qu. . n. . qu. . n. . . . didacus cavaruvius , practic . qu. c. . n. . martinus laudensis , de confaed . tract . . qu. . ioan. andreas , in cap. dilect . de maior . & obed. franciscus vargas de author . pontif . axiom . . n. . concilium toletanum . surius concil . tom. . p. , . with sundry others ( many of whose words you may reade in doctor crakenthorps defence of constantine , p. . to . ) who affirme ; that the emperour or any other king cannot give away any townes or territories belonging to their empire or kingdomes , contrary to their oathes and trusts , they being the kingdomes not theirs in right . whence they conclude , constantines pretended donation of rome , and italy to the pope , a meere nullity . and * francis the first king of france , an. . professed publikely to all the world ; that it was not in the power of a french king , to bind himselfe to the alienation of any lands , townes , or territories belonging to the crowne , without the consent of the generall estates of france , & of his soveraigne courts and officers , in whose hands the authority of the whole realme remained ; and therefore ●e refused to consigne the dutchy of burgoyne to the emperour charles the fifth , who had taken him prisoner in the battle of pavia , or to release his right to any territories belonging to the crowne of france , though he had sworne to do it to procure his liberty , alledging that he had no power to do it , without his kingdomes and parliaments consents . it is true , o our law-bookes say ; that the king cannot be seised of lands to any private subjects use , by way of feofment , because it stands not with his honor to be any private mans feoffee ; because no subpena lieth to force him to execute it , & he is a corporation : yet he may have the possession of lands in others right , and for their uses ( as of p wards , ideots , lunaticks , bishops during the vacation , and the like ) and if he alien these lands in fee to their prejudice , the q grant is voyd in law , and shall be repealed , as hath beene frequently judged ; because he possesseth these lands not in his owne , but others rights . so the king hath his crowne lands , revenues , forts , ships , ammunition , wards , escheates , not in his owne but the kingdomes right , r for its defence and benefit ; and though he cannot stand seised to private mans use , yet he may and doth stand seised of the premises to his whole kingdomes use , to whom he is but a publike servant , not onely in law but divinity too , sam. . . sam. . . isa. . . psal. . , , . rom. . . pet. . . . chron. . . secondly , all the ships , ammunition , armes the parliament hath seised , were purchased not with the kings , but kingdomes monies , for the defence and service of the kingdome , as the subsidy bils and s acts for tunnage and poundage , the kings owne t declaration , and u writs for shipmony attest . if then the representative body of the kingdome , to prevent the arrivall of forraine forces , and that civill warre they then foresaw was like to ensue ( and hath experimentally since fallen out even b●yond their feares , and overspread the whole kingdome , to which it threatens ruine ; ) hath seised , sequestred the kingdomes ports , forts , navy , ammunition into trusty hands for the kings and kingdomes use , to no other end , but that they should not be imployed against the king and parliament by his majesties malignant counsellors , and outragious plundering cavaliers , what indifferent sober man can justly tax them for it ? x queene elizabeth ( and the y state of england heretofore ) during the warres with spaine , inhibited the haunse townes and other foraine merchants ( over whom she had no jurisdiction ) to transport any materials for warre through the narrow seas to spaine ( though their usuall merchandize to those parts , and the sea , as they z alleadged , was free , for feare they should be turned against our kingdome , and after notice given , made them prise ) for any of her subjects to seise on . and it is the common policy this day , and anciently of all states whatsoever , to seise on all provisions of warre , that are passing by way of merchandize onely towards their enemies , though they have no right or propertie in them ( and to grant letters of mart to seise them , as we have a usually done ) which they plead they may justly doe , by the law of nature , of nations , to prevent their owne destruction . much more then may the houses of parliament , after the sodaine eruption of that horrid popish rebellion in ireland , and the feares of a like intestine warre from the malignant popish prelaticall party in england , expecting forces , supplies of mony and ammunition from foraine parts , seise upon hull , other ports , the navy and ammunition ( the kingdomes proper goods , provided onely for its defence in such times as these ) when his majesty refused to put them into such hands as the kingdome and they might justly confide in , and the contrary malignant faction plotted to get possession of them to ruine lawes , lib●rties , religion , parliament , kingdome : and what mischiefe thinke you would these have long since done to parliament and subjects , had they first gotten them , who have already wrought so much mischiefe without them , by the kings owne encouragement and command ? doubtlesse the parliament being the supreame power , now specially met together and intrusted by the subjects , to provide for the kingdomes safety , had forfeited not onely their discretion , but trust , and betrayed both themselves , their priviledges , the subjects liberties , religion , countrey , kingdome ; and not onely their friends , but enemies would have taxed them of infidelity , simplicity , ( that i say not desperate folly ) had they not seised what they did , in the season when they did it ? which though some at first , imputed onely to their over-much jealousie , yet time hath since sufficiently discovered , that it was onely upon substantiall reasons of true christian policy . had the cavaliers and papists ( now in armes ) gotten first possession of them , in all probability wee had lost our liberties , lawes , religion , parliament long ere this : and those very persons ( as wise men conceive ) were designed to take possession of them at first ( had they not beene prevented ) without resistance , whom his majesty now imployes to regaine them by open warres and violence . it is knowne to all , that his majesty had no actuall personall possession of hull , nor any extraordinary officer for him there , before sir iohn hoth●m seised it , but onely the maior of the towne , elected by the townesmen , not nominated by the king ; neither did sir iohn enter it , by order from the houses , till the king had first commanded the major and townesmen ( whom he had constantly intrusted before ) to deliver hull up to the earle of newcastle , now generall of the popish northerne army ; the first breach then of trust , and cause of jealousie proceeding from the king himselfe in a very unhappy season ; where the quarrell first began , and who is most blame-worthy , let all men judge . if i commit my sword in trust to anothers custody for my owne defence , and then feare or ●ee that hee or some others will murther me with my owne weapon , it is neither injury nor disloyaltie in me for my owne preservation , to seise my owne sword till the danger be past ; it is madnesse or folly not to doe it , there being many ancient and late examples for to warrant it ; i shall instance in some few . by the b common law of the land , whiles abbies and priories remained , when we had any warres with foraine nations , it was lawfull and usuall to seise all the lands , goods , possessions of abbots , of priors aliens of those countries ▪ during the warres ( though they possessed them onely in right of their houses ) lest they should contribute any ayd , intelligence , assistance to our enemies . yea it anciently hath beene , and now is the common custome of our owne and other kingdomes , as soone as any breaches and warres begin , after proclamation made , to seise and confiscate all the ships , goods , and estates of those countries and kingdomes with whom they begin warre , as are found within their dominions for the present , or shall arrive there afterwards , left the enemies should be ayded by them in the warres , ( preventing physicke being as lawfull , as usefull in politique as naturall bodies ; ) which act is warranted by c magna charta , with sundry other statutes quoted in the margin . and though these seisures were made by the king , in his name onely , yet it was by authority of acts of parliament , as the publike minister of the realme , for the kingdomes securitie , and benefit rather then his owne . but to come to more punctuall precedents warranted by the supreme law of salus populi , the onely reason of the former . d anno dom , ● . upon th● confirmation of the great charter and of the forest by king iohn , it was agreed , granted and enacted in that parliamentary assembly ▪ at running-mead ▪ that the . barons then elected for the conservators of those liberties and charters , with the commons of the land , might distraine and enforce the king ( if he violated these charters , and made no redresse thereof within . days space after notice ) by seising upon his castles , lands , possessions , and other goods ▪ till amends should be made according to their arbitration . and for more certainety , the fou●e chatelaines ( or chiefe captaines ) of the castles of northampton , * kenelworth , nottingham , and scarborough , should be sworne to obey the commandment of the . barons , or the major part of them in whatsoever they thought good concerning these castles . wherein none should be placed but such as would be faithfull and observe their oath . and upon this accord , rochester castle and others , whose custody , of antient right belonged to the archbishop of canterbury , with other castles appertaining to the barons , were restored to them by the king ; who breaking all his vowes & charters immediatly after , ( through the barons and peoples supine negligence , overmuch confiding to the kings oath and confirmations , and fond conceite of holding that by peace which they had recovered by violence from a perfidious king , ) in halfe a yeares space recovers all the castles againe even to the borders of scotland by meanes of foraine forces , and a malignant , despicable , domemesticke party , ( hee having scarce seven knights faithfull to him , being generally forsaken of all ) and made him●elfe absolute master of all england , except the citie of london , the suburbs whereof hee burned and sacked , and so tyrannised over his subjects with fire , and sword , pillaging them every where . * vastand● omnes domos , & aedificia baronum divisis agminibus succendebat , spolia cum animalibus rapiebat ▪ & de rapina iniquitatis ministros quos habebat nequissimos saginabat , &c. suffici●bat ad ca●sam mortis simplicibus incolis , si aliquid habere credebantur , & qui nihil habebant , fateri habere cogebantur ; & qui non habeb at , habere ut persolveret , paenis exquisitis distringebatur . diseurrebant ●icarii caede humana cruentati , noctivagi , incendiarii , filii belial strictis ensibus , ut delerent a faci● terrae , ab homine usque ad pecus , omnia ●umanis usibus necessaria , eductisque cultellis villas , domos , caemiteria , ecclesias perlustrabant , omnes spoliabant , ita quidem ut nec muliebri s●xui , nec parvulorum vel decrepitorum par●erent aetati . et quod consumere non valebant , incendio tradebant , vel despergentes inutile humanis usibus reddebant . et quos nulla nota premebant , inimicos regis vocantes ( si inimici sui appellandi sunt , qui eum ad mansuetudinem & justitiam mansuetam introducere voluerunt ) ubicunque reperiebantur , raptim trahebantur in ●arcerem paenalem , vinculis mancipati , & tandem ad gravissimam coacti redemptionem , &c. ( a ture character of our times , and plundering barbarous cavaliers : ) which so farre exasperated the barons and people , that they elected another king. but the end for which i cite this precedent is , to manifest , that the lords and commons in that age , did not thinke the kings owne charter , promise , protestations , oathes , proclamations , the bishops and popes solemne excommunications , and those . new conservators , a sufficiant securitie to preserve their lawes and liberties against the invasions of an , unconstant , wilfull foedifragous king , unlesse they had the power and command of his chiefe castles and the militia added to them ; which wee see through overmuch securitie , and want of vigilancy , were all too little to preserve their liberties against an unconstant oppressing prince , whose oaths and protestations were but like e sampsons cords , broken all to peeces like a thread in a moment , by those who had sampsons strength . king henry the third was no whit inferior to his father iohn , in unconstancy , and perfidiousnesse to his subjects , with whom when he had oft broken his faith and solemne oathes , the f lords and barons ( having no other meanes of securitie , left to preserve their lawes , liberties , kingdome from vassallage and destruction , or to enforce the king to keepe those ordinances which hee had made and sworne to observe in a parliament at oxford but few yeares before ; all which he laboured to rescinde , having procured a dispensation of his oath from the pope to colour his perjury ; ) in the yeare . appointed new sheriffes and gardians of shires , discharging such as the king had before admitted , and raysing a strong power in the marches of wales , sent a letter to the king under the seale of sir roger clifford , beseeching him to have in remembrance the oath and promises hee had made , f●r the observing of the statutes enacted at oxford , with other ordinances made to the honour of god , for faith and allegiance to his person , and for the weale and profit of his realme ; willing him further to withstand and defie all such persons , as will be against the said acts , saving the queene and her children . after which letter sent , and no answer to it received ; the barons with banners displayed , went against such malignants as they knew held against those acts. and first at hereford , they tooke the bishop and all his chanons who were aliens borne , taking away their money and cattle , and plundering their houses and manors . and marching towards london , much people fiocking to them , in their passage , ever as they found any that they knew to be against the maintenance of the said acts , they imprisoned them and spoyled their houses , were they spirituall or temporall men : furnished the especiall fortresses of the kingdome with gardians of their owne , and in divers of the kings castles they set in such men as they liked , and put out such as the king had placed there before ; and gave them an oath , that they would be true and faithfull to the king , and keepe those castles to his use , and to the weale of the realme . and when william de valens denied with oathes to render up any castle which was given him , by the king ( his brother ) to keepe ; the earle of leycester and the rest of the barons answered ; they would either have his castles or his head : which so terrified the poictovines , that they left oxford and their castles to the barons , and fled into france . which g castles when the king and lords were accorded , together with the castles of dover ( nec regi ablatum nec vetitum , sed tanquam clavis totius regni , custodiae esset diligentiori a baronibus deputatum ) and the castle of rochester and others were readily delivered up by the barons to the king , qui ubique liberum invenit introitum , & exitum juxt● vota ; & tun● primo rex sensit se falsis deceptionibus circumventum , & baronum suorum fidelitate , ubique lic●t ignoranter suffultum ; and then the king first found he was circumvented with false reports of the barons disloyalty , who so willingly restored his castles to him , when those stormes were blowne over ; though he made but ill use of it , & took occasion thence openly to recede from his oath ; whereupon they reseised these castles for their safety . about midsommer the barons drawing neare to london , sent a letter to the mayor and aldermen requiring to know of them , whether they would observe and maintaine the statutes made at oxford ; or not ? or aide and assist su●h persons as intended the breach of the same ? and sent unto them a copy of the said acts ; with a proviso , that if there were any of them , that should seeme to be hurtfull to the realme or commonweale of the same , that they then by discreet persons of the land should be altered and amended : which copy the mayor bare unto the king then at the tower of london with the queene and other great persons . then the king intending to know the minde of the city , asked the mayor , what he thought of those acts ? who abashed with that question , besought the king , that he might commune with his brethr●n the aldermen , and then he w●uld declare unto him both his and their opinions . but the king said , he would heare his advice without more counsell . then the mayor boldly said , that before times , he with his brethren and commonalty of the city , by his commandement were sworne to maintaine all acts made to the honour of god , to the faith of the king , and profit of the realme ; which oath by his license and most gracious favour they intended to observe and keepe . and moreover , to avoid all occasions that might grow of grudge and variance betweene his grace and the barons in the city , they would avoyd all aliens and strangers out of it . ( as they soone after did ) if his grace were so contented . with ▪ which answer the king seemed to bee pleased , so that the mayor with his favour departed , and he and the citizens sent answer to the barons , that they condescended to those acts , binding themselves thereunto under the publike seale of london , their liberties alwayes upholded and saved . then the barons entred the city , and shortly after the king with his queene and other of his counsaile , returned to westminster . * anno . ( the . of henry the third ) the king made his peace with the barons then in armes , upon these termes : that all the castles of the king , throughout england , should be delivered to the keeping of the barons : the provisions of oxford be inviolably observed ; and all strangers by ● certaine time avoyded the kingdome , except such as by a generall consent , should be held faithfull and profitable for the same : whereupon the barons tooke possession of most of the castles by agreement , or violence where they found resistance , as they did in many places . and by the consent of the king and barons , sir hugh le spenser was made chiefe justice and keeper of the tower. this done at london ; the barons departed to windsor to see the guiding of that castle , where they put out those aliens , whom sir edward the kings sonne had before put in , and put other officers in their places ; spoyling them of such goods as they had . who complaining thereof to the king , he put them off for that season . after which they re-seised dover castle , and made richard de gray , a valiant and faithfull man , constable of it ; who searching all passengers that came thither , very strictly , found great store of treasure , which was to be secretly conveyed to the poictovines , which he seised , and it was imployed by the barons appointment , upon the profitable uses of the realme . the yeare following , the commons of london chose thomas fitz-thomas for their mayor , and without consent of the aldermen , sware him at the guild-hall , without presenting him the next day to the king or barons of the exchequer . for which the king was grievously discontented ; and being advertised that the citizens tooke part with the barons , caused his sonne edward to take the castle of winsor by a traine ; to which the king and lords of his party repaired . and the other lords and knights with great forces drew towards london ; but by mediation of friends , there was a peace concluded , and the differences were referred to the french king ( and his parliament as * andrew favine records out of rishanger ) to end . who giving expresse sentence that all the acts of oxenford , should from thenceforth be utterly forborne and annulled : the barons discontented with this partiall sentence , departed into the marches of wales ; where raising forces , they seised on many townes and castles of the kings , and prince edward going against them , was sore distressed and almost taken . hereupon to end these differences , a new parliament was appointed at oxford ; which tooke no effect , because when the king had yeelded the statutes of oxford should stand , the queene was as utterly against it ; whose opposition in this point being knowne to the londoners , the baser sort of people were so enraged , that she being to shoot the bridge from the tower , towards winsor , they with darts , stones , and villanous words , forced her to returne . after which , the lords sending a letter to the king , to beseech him not to beleeve the ill reports of some evill counsellors about him , touching their loyalty and honest intentions ; were answered with two letters of defiance . upon which ensued the bloody battle of lewis in sussex , in which the king and his sonne , with . barons and baronets , were taken prisoners , & twenty thousand of the commons slaine . richard king of romans , the kings brother was likewise taken prisoner in this battle , h who a little before comming over into england with some forces to ayde his brother , the barons hearing thereof caused all the ships and gallies of the cinqueports and other places to meet together armed to resist him by sea , and sent horse and foot to withstand him by land if he arrived : which richard having intelligence of , disbanded his forces ; and sent word to the barons , that he would take an oath to observe the articles and statutes made at oxenford : whereupon he was permitted to land at dover with a small traine , whither king henry went to mee● him . but the barons would not suffer this king , nor any of his traine to enter into dover castle , because he had not taken his oath to observe the foresaid statutes ; nor yet the king of england to goe into it ( for feare of surprisall ) because it was the principall bulwarke of england ; ( the barons then having both it and all the cinqueports in their custody to secure the kingdome from danger ) neither would they permit king richard to goe on towards london , till he had taken the oath * forementioned . after this battle all the prisoners were sent to severall prisons , except the two kings and prince edward , whom the barons brought with them to london ; where a new grant was made by the king , that the said statutes sho●ld stand in strength : and if any were thought unreasonable , they to be amended by foure noblemen of the realme : and if they could not agree , then the earle of angiou , and duke of burgoin to be iudges of the matter : and this to be firmely holden and obeyed by both the kings ; who granted that both their sonnes and heires should remaine as prisoners , and hostages with the barons , till all things were finished according to this agreement . upon which a peace was proclaimed in london betweene the king and his barons . then it was agreed by the king , that for his more surety and the weale of the land , the earle of leycester should be resient in his court ; upon which agreement , many of the prisoners were set at large . in the meane while , before the battaile of lewis , the queene and king of romans , had sent over-sea for souldiers , to ayde the king against the barons , which now were come in great number unto dover , and there hovered on the sea to have landed . whereof the barons hearing , they sent the king of romans as prisoner to ba●khamsted , untill the said almaines were returned , and caused king henry with a great power to ride to dover , and force the said host of strangers to returne unto their countries . after which by the counsell of the lords , a parliament was agreed and held at westminster , wherein a generall pardon was granted to all lords and their adherents , for any matter of displeasure done to the king or his sonne prince edward before that day ; which to uphold , the king and he tooke a solemne oath before the lords ; and it was further agreed , that the prince should reside in the kings court , and not depart thence without license of the king and of certaine barons . then were many instruments and bonds made by the king and prince , for the performance of sundry covenants betweene the king and barons ; which shortly after tooke small effect , and begat new warres ; this kings fresh breaches of oathes , and promises , procuring him alwayes new insurrections and forced parliaments , which the barons constrained him to call and hold , against his will. how the lords and parliament oft seised upon the castles , forts , ammunition in king edward the second , and richard the seconds reignes , when differences grew betweene them , i have already in part remembred , and you may read the residue in the histories of their lives . in i the . yeare of king henry the sixth his reigne , the valiant earle of warwicke , was made captaine of calice by the parliament ; a place of great honour and trust in those dayes ; by vertue whereof , all the warlike affaires and businesse , rested principally in the earle of warwicke : after which the queene ( an ambitious stirring woman ) to breake the peace newly made and ratified by oath , betweene the king , lords , and duke of yorke , ( created lord protector by the parliament ) caused a fray to be made on the earle men , which produced a warre and bloody battle , wherein the earle gained the field . whereupon the king displeased with the earle , by his letters patents , gra●ted the captainship of caleyes to iohn duke of summerset ; who going over to caleyes , in the . yeare of king henry , to take possession of his place ; shewed his patent to the earle , who refused to resigne his place , answering , that he was put into it by the parliament , and so could not be outed of it but by parliament ; and kept the duke forth of the towne ; who being thus expelled from his office , after some skirmishes with the earles garrison , ( wherein the duke had the worst ) hee sent over to the king and queene for ayde , in defence of this quarrell ; whereupon they provided . warlike persons to passe the seas for his ayde , and ships to transport them : who lying at sandwich for a winde ; the earle of warwicke being therewith acquainted , sent iohn dingham a valiant esquire , with a small number of men , but a multitude of couragious hearts to sandwich ; who suddainly entred the same , tooke the lord rivers and his sonne ( who commanded those souldiers ) in their beds , pillaged some houses and ships , and besides this , tooke the principall ships of the kings navy then lying at the port well furnished with ordnance and artillery ( through the favour of the mariners , who favoured the earle most ) and brought the royall ships loaden with booty and prisoners to caleyes ; with these ships the earle after passed to the duke of yorke into ireland , and afterwards into england , where the duke of yorke in full parliament laid claime to the crowne , which his sonne after obtained , deposing king henry , as having no lawfull title thereunto . i recite not this story to justifie all particulars of it , but onely to prove , that the parliament in those times , had the conferring of captaines places of greatest trust , who had the command of the militia ; and that , as this earle in policy onely , for his owne safety , seised on the kings royall ships , and ammunition , in which he had no right ; so by the same reason , the parliament may dispose of such places of military trust in these times of danger , and of the navy and ammunition of the kingdome , in which they have a reall interest , for the kingdomes safety and their owne . k a sheriffe , iustice , constable , and other officers , by the common and statute law of the land , may and ought to disarme and seise any mans weapons whatsoever , and imprison his person for a time , when by act , or apparent intention onely , he shall but disturbe the peace , or make any fray , rout , or riot , to the annoyance of the people , till the tumult and danger be past , and the peace secured . much more then may the highest soveraigne court of parliament , seise the forts , armes , navy , ammunition of the realme , ( in which they have reall interest ) and secure them for a season , to preserve the whole kingdomes peace , and prevent a civill warre , without any injury to his majesty , till all feares of warre and danger be removed not to trouble you long with forraine histories of this nature ; in the roman state the l chiefe power of making warre or peace , of ordering of the militia and disposing of the custody of castles , forts , ammunition was in the senate and people , not the king or emperour ; as it is in germany , and most forraine states and kingdomes , at this day ; without any diminution to those kings and princes just prerogatives . it is the determination of the prime politician m aristotle ( seconded by n iohn mariana and others ) that in lawfull kingdoms the chiefe strength & power of the militia ought to reside in the kingdomes hands ; not kings , who ought to have onely such a moderate power and guard of men , as may suffice to suppresse riots , and maintaine the authority of the lawes ; but not so great a force as may master all his kingdome , * lest he become a tyrant , and his subjects slaves . in the kingdome of arragon in spaine ( as i read in * hieronymus blanca ) there is a notable fundamentall antient law , ( made about the yeare of christ . by their suprarbiense forum , now commonly stiled , iustitia arrogoniae during the interregnum , to preserve their countries liberties , to keepe their kings power within due bounds of royalty , and prevent a tyranny , with divers other lawes of this nature , which their kings solemnly sweare to observe , before they are crowned ) the words of which law are these , the king shall take heed that he neither undertake warre , nor conclude peace , nor make truce , nor handle any thing of great moment , but by the advise and consent of the elders : to wit , the iustitia arragoniae , the standing parliament of that kingdome , which hath power over and above the king. and of later dayes ( as the same * author writes ) their rici-homines , ( or selected peeres appointed by that kingdome , not the king ) have all the charges and offices both of warre and peace lying on their neckes , and the command of the militia of the kingdome ; which they have power by their lawes to raise , even against their king himselfe , in case he invade their lawes or liberties ; as he there manifests at large . so in * hungary , the great palatine of hungary , the greatest officer of that kingdome , and the kings lieutenant generall , who commands the militia of that realme , is chosen by the parliament and estates of that country , not the king. it was provided by the lawes of the * aetolians , that nothing should be entreated of concerning peace or warre , but in their panaetolio , or great generall councell of state : in which all ambassadors were heard and answered ; as they were likewise in the roman senate . and * charles the fifth of france , having a purpose to drive all the englishmen out of france and aquitain , assembled a generall assembly of the estates in a parliament at paris , by their advise and wisedome to amend what by himselfe had not beene wisely done or considered of , and so undertooke that warre with the counsell and good liking of the nobilitie and people whose helpe he was to use therein : which warre being in and by that councell decreed , prospered in his hand ; and tooke good successe as bodin notes ; because nothing giveth greater credit and authority to any publike undertakings of a prince and people in any state or commonweale , then to have them passe and ratified by publike advise and consent . yea the great * constable of france , who hath the government of the kings sword , the army , and militia of france , was anciently * chosen by the great councell of the three estates & parliament of that kingdome ; as is manifest by their election of arthur duke of britaine to that office , anno . before which , anno . they elected the * earle of leycester a valiant souldier and experienced wise man , to be the grand seneschall of france , ad consulendum regno desolato , & multum desperato , quia strenuus fuit & fidelis ; which office he refused , lest he should seeme a traytour to henry the third of england , under whom he had beene governour of gascoigne , which place he gave over for want of pay . in briefe , the late examples of the o protestant princes in germany , france , bohemia , the low countries , and of our brethren in scotland within foure yeares last , who seised all the kings forts , ports , armes , ammunition , revenues in scotland , and some townes in england to preserve their lawes , liberties , religion , estates , and country from destruction , by common consent , ( without any ordinance of both houses in their parliament ) will both excuse , and justifie all the acts of this nature , done by expresse ordinances of this parliament ; which being the soveraigne highest power in the realme , intrusted with the kingdomes safety ; may put the ports , forts , navy , ammunition ( which the king himselfe cannot manage in person , but by substitutes ) into such under officers hands , as shall both preserve and rightly imploy them for the king and kingdomes safety , and elect the commanders of the militia according to the expresse letter of king edward the confessors laws ( which our kings at their coronations were still sworne to maintaine ) wherewith i shall in a manner conclude , the legall part of the subjects right to elect the commanders of the militia , both by sea and land. * erant & aliae potestates & dignitates per provincias & patrias universas & per singulos comitatus totius regni constitutea , qui heretochii apud anglos vocabantur ; scilicet , barones , nobiles , & insignes , sapientes & fideles , & animosi ; latine vero dicebantur ductores exercitus ; apud gallos , capitales constabularii , vel mar●scha●li exercitus . illi vero ordinabant acies densissimas in praeliis , & a●as constituebant , prout decuit , & prout iis melius visum fuit , ad honorem coronae , et ad utilitatem regni . isti vero viri eligebantur per commune concilium pro communi utilitate regni , per provincias et patrias universas , et per singulos comitatus ( so as the king had the choyce of them in no province or countrey , but the parliament and people onely ) in pleno folcmote . sicut et vicecomites provinciarum et comitatuum elegi debent . ita quod in quolibet comitatu sit unus heretoch per electio nem electus ad conducendum exercitum comitatus sui , juxta praeceptum domini regis , ad honorem coronae , & utilitatem regni praedicti , semper cum opus adfuerit in regno . item qui fugiet a domino vel socio suo pro timiditate belli vel mortis in conductione heretochii sui in expeditione navali , vel terrestri ( by which it is evident these popular heretochs commanded the militia of the realme both by sea and land , and might execute martiall law in times of war ) perdat omne quod suum est , & suam ipsius vitam , & manus mittat dominus ad terram quam ei antea dederat . et qui in bello ante dominum suum ceciderit , sit hoc in terra , sit alibi , sint ei relevationes condonatae ; & habeant haeredes ejus pecuniam & terramejus sine aliqua diminutione , & recte dividant inter se. an unanswerable evidence for the kingdomes and parliaments interest in the militia , enough to satisfie all men . to which i shall only adde that observation of the learned antiquary sir henry spelman in his * glossarium ; title dux , and heretochius ; ( where he cites this law of king edward ) that the heretoch was magister militiae , constabularius , mariscallus , dvctor exercitvs , sive navalis , sive terrestris ; called in saxon * heretoga : ab here , exercitus , & togen , ducere . eligebantur in pleno folcmote , hoc est , non in illo sub initio ea●endarum maii , at in alio sub capite calendarum octobris . aderant tune ipsi heretochii , & quae voluere , imperabant exequenda ; consvlto tamen procerum coetu , et judicio totius folcmoti approbante . then he subjoynes popularis ista heretochiorum seu ducum electio , nostris saxonibus cum germanis aliis communis fuit : vt in boiorum ll . videas , tit. . cap. . s. . siquis contra ducem suum , quent rex ordinavit , in provincia illa aut populus sibi elegerit ducem , de morte ducis consiliatus fuerit , in ducis sit potestate , &c. hue videtur pertinere quod apud greg. turon . legas l. . sect. . wintro dux à pagensibus suis depulsus ducatu caruit , &c. sed posteà pacato populo ducatum recepit : eigebantur enim interdum provinciarum duces ab ipso populo . in the * roman state , the senate , and some times the people alone , without their advise , had power to appoint lieutenants and governours of provinces ; whence the * senate commanded those governours of provinces whom the emperour maximinus had made to be displaced , and others to be substituted in their roomes , which was accordingly executed : yea * the senate had power to dispose of the common treasure , and publike reventue , one of the greatest points of soveraingty . and so we read in scripture , iudges . . to . that when the children of ammon made warre against israel , the elders of gilead went to fetch iephthah out of the land of tob. and they said unto iephthah , come and be our captaine , that we may fight with the children of ammon , &c. then iephthah went with the elders of gilead , and the people made him head and captaine over them : the princes and people , even under kings themselves . having the chiefe disposing power of the militia and denouncing war , as is evident by iosh. . . to . iudges . and . throughout sam. . . to . c. . . to . sam. . , , . c. . . to . prov. . . c. . . compared together . and for a close of all , lest any should object , that no late direct precedent can bee produced to prove the office of the lord admirall , and custody of the seas disposed by parliament , i shall conclude with one punctuall precedent of many . in . h. . prima pars pat. ma. . the king grants to iohn duke of exeter , the office of admirall of england , ireland and aquitain , with this subscription , per breve de privato sigillo , avctoritate parliamenti , the former patent of this office made joyntly to him and his sonne by the king alone , in the . yeare of his reigne , being surrendred in the parliament of . and a new one granted them by its direction and authority . yea most of the admiralls patents ( which anciently were not universall for all england , but severall for such and such parts onely , and commonly but annuall or triennuall at most ) as sir henry spelman observes in his glossary , in the word admirallus , where you have an exact kalender of all the admiralls names , with the dates of their severall patents and commissions , are de avisamento et assensu consilii ; which is almost as usually taken for the kings * great counsell , the parliament , as for his privy counsell . and if our kings have constantly disposed of this office by the advise or assent of their privy counsell , there is more reason and equitie they should doe it by the advise of their great counsell , of which his privy counsell are but a part , and by whom they have frequently beene elected , as i shall plentifully manifest in the next objection . now , whereas some pretend , that the parliaments seising and detaining of the kings castles , ports , ships , armes and ammunition is high treason , within the statute of ed. . c. . and a levying of warre against the king. i answer , first ; that the parliament was never within the meaning , nor letter of that , or any other act concerning treasons , as i have formerly proved ; the rather because the king is a member of it , and so should commit treason against himselfe , which were absurd . secondly , because both houses are of greater authority then the king , ( a member of them as they make one court ) & so cannot commit treason against the lesse . thirdly , the parliament is a meere p corporation and court of justice , and so not capable of the guilt of treason : a judge , maior , or particular persons of a corporation may be culpable of high treason , as private men , but not a court of justice , or corporation . * fourthly , by the very statutes of e. . and of r. . c. . r. . c. . h. . c. . . r. . c. . the parliament is the sole judge of all new treasons , not within the very letter of that act ; and if any other case supposed treason , not there specified , happens before any iustices , the iustice shall tarry without any going to judgement of the treason , till the cause bee shewen and declared before the king and his parliament , whether it ought to be judged treason . and if the parliament be the sole judge of all treasons , it cannot be guilty of treason , for then it should be both judge and delinquent ; and if so , no doubt it would ever acquit it selfe of such a crime as high treason , and never give judgement against it selfe . and no judge or person else can arraigne or judge it , or the members of it , because it is the highest soveraigne court , over which no other person or court whatsoever hath any the least jurisdiction : so that if it were capable of the guilt of treason , yet it could not be arraigned or judged for it , having no superiour or adequate tribunall to arraigne it . fiftly , admit it might be guilty of high treason in other cases , yet it cannot be so in this . for having a joynt interest with the king in the premises in the kingdomes right , ( the sole propriator of them ) it cannot doubtles be guilty of treachery , much lesse of high treason for taking the custody and possession onely of that which is their owne ; especially when they both seise and detaine it for its owne proper use , the kingdomes security and defence ; without any malicious or traytorous intention against king or kingdome . secondly , i answer , that the seising or detaining of these from the king are no treason , or levying of warre within this law , as is most evident by the statutes of . ed. . c. . which expresly distinguisheth , the seising and detaining of the kings forts , ammunition , ships , from the levying warre against the king in his realme , and by an expresse new clause , enacts this seising and detayning to be high treason from that time , because it was no treason within . ed. . before , which if it had beene in truth , this new clause had beene superfluous ; which law of king edward being repealed by primo mariae , rastal treason , . this offence then ceased to be treason : whereupon by a speciall act of parliament in eliz. c. . it was made high treason againe , ( which had beene needlesse , if it had beene a levying of warre , or treason within . ed. . before . ) and that with this proviso , this act to endure during the queenes majesties life that now is , only ; and so by this parliaments resolution , it is no treason since her death , within ed. for then this proviso had beene idle and repugnant too . and therefore being now no high treason in any person , cannot without much calumny and injury be reputed treason in both the houses of parliament , uncapable of high treason , as the premises demonstrate . in briefe , he that seised and detained the forts and ships of the kingdome , when it was treason , was not a bare traytor against the kings person or crowne onely , but against the king and his realme too , like those traytors , mentioned in the severall statutes of r. . c. . and r. . c. . . he shall be judged and have execution as a traitor and enemy of the king and to the realme : and in h. . c. . high traitors to the realme , as the gunpouder traytors were to the parliament and realme in them , being the representative body of the realme : the parliament then being the realme representatively and authoritatively too , and so the party against whom this treason is principally to bee committed , cannot bee a traytor to it selfe , by the words or intendment of any expired act which made such a seisure or detainer treason . and therefore those lawyers , who pronounce this parliaments seising and detaining of the ports , forts , navy , armes , or ammunition of the realme to keepe them out of worser hands , for the kings and kingdomes right use and safetie , to be high treason declare themselves greater malignants then artists in their owne profession . but some body ( say malignants and royalists ) must be trusted with the militia , ports , navy , armes , ammunition ; and who so fit to be confided in as the king himself , and those whom he shall appoint ? especially since hee and his owne substitutes , have formerly beene intrusted with them by the kingdome ; and wee have now so many deepe * protestations , yea publike printed asseverations and promises from his majestie , to maintaine the protestant religion , our lawes , liberties , properties , parliaments , with their just priviledges ; and shall we not beleeve and trust his majesty after so many royall assurances , seconded with many acts of grace for the publike safetie already passed by him in this parliament ? especially the acts against shipmoney , and all other unlawfull taxes ; with the bils for the continuance of this , and calling of a trienniall parliament , when this shall be determined ? shall we yet be diffident of his majesties sinceritie after so many protestations , promises , imprecations ; so many pledges of his gracious affection to his people , and some publike acknowledgements of his former misgovernment and invasions on his subjects liberties ? if all these warrants will not content the parliament , and perswade them to resigne up all the premises they have seised into his majesties hand , to purchase the kingdomes much desired necessary peace , and put a period to our destructive warre ( in which there is nought but certaine ruine ) what other security can his majesty give or they expect ? to answer this plausible allegation , i shall without prejudice to other mens judgements , crave liberty to discharge my owne and others thoughts in this particular , in which if i chance to erre ( out of overmuch zeale to my countries safety ) i shall upon the first discovery professe a recantation ; though for the present , * maluerim veris offendere , quam placere adulando . i shall reduce the summe of the answer to these two heads ; first , that as the state of things now stands , it will be ( as many wise men conceive ) not onely inconvenient , but dangerous , to resigne up the militia , forts , ports , navy , ammunition of the kingdome into his majesties sole disposing power , and those hands which himselfe alone shall appoint and confide in , till things bee throughly reformed and setled both here and in ireland , and the popish prevailing party in both kingdomes ( now strongly up in armes ) totally suppressed and secured . secondly , that till this be effected , it is more reasonable and safe , both for king and kingdome , that these should remaine in the parliaments hands , then in the kings alone . for the first , there are these three general reasons , commonly alledged by many understanding men , equally affected to either party , and by most who are cordially inclined to the parliament , why they deeme it not onely inconvenient , but perillous , to intrust the premises wholly with the king , and those of his appointment , as our condition now stands . first , a more then probable long-since resolved designe in his majesties evill counsellors , to make him an absolute soveraigne monarch , and his subjects as meere vassals , as those of france ; which designe hath beene carryed on with an high hand from the beginning of his reigne till this present , as the parliament in * sundry declarations prove , yea divers * lords and members of both houses , though now with his majesty , in their parliamentary speeches , have openly professed ; which they thus demonstrate . first , by his majesties severall attempts against the priviledges , power , and very being of parliaments ; manifested by the proceedings against sir iohn eliot , mr. hollice , mr. strode , mr. long , and others , after the parliament in . caroli ; and the lord say , mr. crew , with others after the last parliament before this : by his majesties sad ominous breaking off in discontent , all parliaments in his reigne ( unparalleld in any age or kingdome ) till this present ; which though perpetuated by a speciall act , as long as both houses please , hath yet long since been attempted to be dissolved like the former , by his majesties accusation , and personall comming into the commons house with an extraordinary guard of armed men attending him , to demand five principall members of it , to be delivered up to his hands as traytors , in an unpatterned manner . by his wilfull departure from , and refusall to returne unto the parliament , though oft petitioned and sollicited to returne ; which is so much the more observed and complained of , because his majesty ( if not his royall consort and the prince too ) was constantly present in person every day this parliament ( for sundry weekes together ) at the arraignment of the earle of strafford for high treason , in a private manner , when by law he ought not to be personally present in a publicke ; to countenance and encourage a capitall oppressor , and trayterous delinquent against all his three kingdomes , contrary to both houses approbation ; and yet now peremptorily denyeth to be present with or neare his parliament , to countenance and assist it for the preservation of his kingdomes against such traytors , rebels , conspirators , who have contrived and attempted their utter desolation , in pursuance of his foreplotted designes ; by his commanding divers lords and commons to desert the houses , and attend his person without the houses consent , detaining them still * when the houses have sent for them : and protecting those who refused to returne , against the common justice of the parliament : by casting divers grosse aspersions on it , and naming it , a faction of malignant , ambitious spirits , no parliament at all , &c. by raising an army of delinquents , malignants , papists , forainers , to conquer and suppresse the parliament , and deprive it of its liberties ; by proclaiming divers active members of it , ( specially imployed by both houses , for the defence of their severall counties ) traytors , onely for executing the houses commands , without any indictment , evidence , conviction , against all law , justice , and the priviledges of parliament : by commanding , detaining the lord keeper of the great seale , ( the speaker of the lords house ) and some judges from the house and city : by plundering divers parliament mens houses , imprisoning their persons without bayle , maineprise , or redemption , and laying intolerable taxations on their estates : by declaring both houses traytors , if not in positive , yet at least in equivalent words , and by necessary consequence : by divers unparalleld violations of the parliaments priviledges by extrajudiciall declarations out of parliament , penned by malignants in his majesties name , and avowed by him , published of purpose to oppose , annull , reverse the solemne legall resolutions , declarations , and votes of both houses in sundry cases , and by name that against the commission of array : and finally by the manifold invectives in severall his majesties declarations , and proclamations against the parliaments votes , proceedings , members ; seconded with expresse commands , and invitations to the people , to * contemne its authority , and disobey all its orders made without his personall consent ; which is indeed nought else , but to nullifie parliaments , to make them altogether contemptible , ridiculous , and trample them under feete ; and hath wrought a strong malignity , disobedience , if not disaffection , in many people to parliaments , to the end they may never desire or enjoy them hereafter , notwithstanding the act for trienniall parliaments , when this is once dissolved . all these unparalleld , apparent high attempts against the very honour , essence , of this , and all other future parliaments , ( transcending both for quantity and quality all the violations of parliaments priviledges , in all his majesties predecessors reignes , since england was a kingdome , summed up in one ; ) together with the late oxford propositions for an accommodation ; wherein the houses finall resolutions , declaring what is law , are called illegall , and required to be reversed ; the power of imprisoning and fining men denyed , and prostituted to the censures , writs , and examinations of inferiour courts , by way of habeas corpus ; the * just expulsions of their owne members denyed them ; all high violations and denials of the knowne priviledges of parliament , contrary to his majesties many former , and late printed protestations , and those acts newly passed concerning parliaments , ( which will never recover their pristine dignity , honour , power , priviledges , if this should miscarry ; ) induce the most intelligent to opine , that his majesty , long since weary of the yoke of all parliaments , ( the only remora to his absolute intended monarchy ) and repenting of the act for continuing this , since he hath gained his ends for which it was summoned , ( more out of absolute necessity then love to parliaments ) to wit , peace with the scots , for the present , by an accommodation , wrought by this parliament , & purchased with his subjects mony , when as he saw no hopes of repelling them hence by force ; & the paying of his then raised army against them by the parliaments free supply : is now resolved ( in prosecution of his pristine counsels ) by force or policy to dissolve this parliament in discontent , as he hath done all former , and that with such advantages of a generall ill opinion of parliaments in the ignorant mis-informed vulgar on the one hand , and of a prevailing conquering power on his part on the other hand , as shall either utterly extinguish the hopes and bill of summoning any future trienniall parliamentary assemblies , or at least so emasculate the vigour , and eclipse the power of them , if called ; that they shall neither have courage , nor might , nor meanes to resist his foresaid grand designe , if he can now either by force or policy resume the militia , forts , navy , ammunition into his absolute dispose ; the onely present obstacle ( now his forces are so great ) to gaine a compleate long-expected conquest over his peoples liberties , lawes , estates , and all parliaments priviledges , if not beings too . and if our parliaments ( the onely bulwarkes to protect our lawes , liberties , estates , lives , religion , peace , kingdome , against the devastations of oppressing , lawlesse princes , and officers ) be once conquered , or weakned in the least degree , we can expect no other issue , but that tyranny , slavery , popery , shall be ere long entailed upon us and our heires soules and bodies forever . secondly , by his majesties frequent imposing of many unlawfull taxes and impositions on his subjects , contrary to his coronation oath , the ancient lawes of the realme , yea his owne late statutes , declarations , vowes , promises ; which designe hath beene carryed on with a strong hand all his reigne till now ; and at this present , with a farre higher hand then ever : which they exemplifie by the loanes with other taxes , impositions , grievances , complained of in the petition of right , in the third yeare of his reigne ; which act when first passed , with this his majesties solemne oration and protestation printed with it ; i doe here declare , that these things which have beene done , whereby men had some cause to suspect the liberty of the subject to be trenched upon , shall not hereafter be drawne into example for your prejudice : and in time to come ( in the word of a king ) you shall not have the like cause to complaine : ( backed with his royall declaration to all his subjects at the breach of that parliament to like purpose ) made most men thinke , they should never be grieved with illegall taxes more ; though the very annexing and printing of his majesties two answers , & this speech when he passed the petition , at the end thereof ( with the scope and matter of this speech and other then concurring circumstances ) made the wisest men suspect , it was onely a baite to catch the * temporalties and clergies ( five a peece ) extraordinary great subsidies , then aymed at , ( a greater ayd then was ever before granted at once to any of his majesties predecessors ) and a policy then seemingly to content , but subsequently to delude the over-credulous impoliticke vulgar ; the verity whereof was at that instant much confirmed , by his majesties clayming ( even in his very speech when he passed the petition of right ) tunnage and poundage as a meere right , and his taking it as a just duty without grant by parliament , from his comming to the crowne till then and since ; by his extraordinary strange commission granted under the great seale to divers lords and others for the laying of an intolerable illegall excise , on all the subjects throughout england and ireland , seconded with the commission to dalbere and others , for the raysing and importing of german horse , and the billeting of irish foot in sundry places of england to joyne with those horse , to set on this excise , even at that very instant , when this petition of right was debated and passed ; the breaking up of that parliament as soone as these subsidies were granted , and the unpatterned inundation of all kinde of unjust taxes as soone as ever that parliament was dissolved ; as fines for knighthood , new-buildings , inclosures , exacted fees , ( not to redresse , but authorize them by compositions to get money ) shipmony , monopolies of tobacco , sope , brickes , pins , and a world of other particulars upon which annuall rents were reserved : forrest-bounds , and offences prosecuted with all rigour ; impositions upon coale , beare , salt , wines , tobacco , and all kinde of merchandise ; lieutenants rates , and wages , coat and conduct money , excessive high fines in starchamber , high commission and other courts , with sundry other particulars complained off with open mouth in this and the preceding parliament by most of the members of both houses , and divers now present with his majesty ; who notwithstanding the many publike complaints against these oppressions , the acts this very session passed against them , and sundry duplicated deepe asseverations to maintaine the subjects property , liberty , and governe onely according to law ; hath , and still daily doth in a farre higher degree then ever ( through the ill advise of malignant counsellors ) proceed to afflict and ruine his people in this very particular of property and taxes , by weekely or monethly assessements and contributions imposed on sundry townes and counties where his forces now lie , exceeding many mens racked incomes ; his seising of their ammunition , armes , horses , carts , goods , provisions , houses , lands , ( yea husbandmens teemes and horses of their ploughes , * priviledged from distresses by law , & by most nations though enemies , in times of warre from spoyle or plunder , ) so as they cannot till their ground , which must needs breed a famine : and stripping many thousands of his people in brainford , marleborough , cicester , bromingham , & other places ( utterly sacked and ruined by his cavaliers ) of all their lively hoods , and estates , to their very naked skins ; and carrying away those poore subjects in triumph like enemies and traytors , who dare offer to defend their goods , houses , estates , or make any the least resistance , ( though the lawes , * common and statute , allow them in such cases , not onely to resist , but kill all those who shall assault their houses , or persons to spoyle them of their goods ) or protect them or their liberties , lives , properties , against his army of theevish murthering cavaliers . and which aggravates all the rest , his majesty hath sent out such a commission of array to bee executed in every county , as pulls up libertie and propertie by the rootes ; which , though both houses by a speciall printed declaration , have * proved to bee illegall , contrary to the fundamentall lawes of the realme , the petition of right , and some expresse acts passed this present session ; yet his majestie hath caused such an answer to be published in his name to the first declaration , as good law , which * frustrates all acts whatsoever made in this or former parliaments for the subjects libertie , propertie ; and layes downe such grounds , which will not onely justifie , but revive all former pressures and grievances whatsoever , as warranted by law. all which considered , together with the frequent endeavours formerly and of late to raise and keepe an army on foote among us to enslave us , and raise what taxes shall bee arbitrarily imposed without a parliament on the realme by force of armes , according to the late use of france , begun by strafford in ireland , and now set on foote in divers countries of england , makes wise moderate men feare , that if the militia , forts and navy be yeelded up unto the king before the subjects propertie , and these violations of it in the highest degree ( so that none at this day can truely say that any thing hee enjoyes , no not his lands or life are his owne ) bee better setled , all propertie will bee for ever lost , and turkish subjects as free as english , in common probabilitie . thirdly , the constant designe against the libertie of the subjects person ( the better to invade the property of his goods ) prosecuted all his majesties time , and more then ever since the petition of right and this parliament . the which is evidenced , by infinite illegall commitments of men for not paying the lone , knight-mony , ship-mony , with sundry other unlawfull taxes , without baile or mainprise ; of sundry members of both houses during this , and after former parliaments ended , for things done in and triable onely by parliament ; by the exorbitant censures in the star-chamber and high commission , and judging free men against law , to close imprisonments ; and that ( which now grieves the very soules of all english spirits , who have any remainders of common humanity , in them , and would rend an heart of adamant ) not onely by the strict close hard imprisonments of divers persons at yorke and elsewhere , for executing the militia , refusing the array , or contribution taxes , but by the more then barbarous , * yea beastly crueltie of his majesties cavaliers in chayning together in ropes sundry prisoners taken at brainford , marleborough and cicester , ( as the true printed relations of these places sacking testifie ) like a company of turkish gally-slaves , ( though some of them were gentlem●n of worth and quality , others ministers , others aged , sickly , and many who never bore armes in these present warres ) and leading them chained ( almost naked , and barefoot ) through deepe filthy wayes in the cold winter season to oxford in triumph ( to his * majesties great dishonour , and his subjects griefe , ) denying them , not onely meat and drinke , but even water it selfe ( the commonest element ) to quench their thirst , and keeping off , yea beating any such at cicester , and oxford , who offered to bring them any sustenance , though but a drop of water to coole their tongues : ( o more then turkish barbarousnesse , that one man , one christian , one english subject even in , or neare the presence of his soveraigne , should thus ill intreate another , without any punishment or checke , much more with approbation ! ) after which they have beene * shut up in prisons and dungeons lying on the cold ground , stones or boards without beds , straw , fire or any the least refreshment ; allowed onely a poore pittance of adams ale , and scarce a penny bread a day to support their lives , though their friends would provide it for them ; in which sad condition many of them are still detained close prisoners without bayle , mainprise , exchange , redemption , divers of them being dead of famine and ill unaccustomed usage : others have beene murthered without mercy , and their * carcasses left unburied for the fowles to prey on ; others maimed and left weltring in their blood without any reliefe ; others forced to live exiles from their habitations ; and all for this new point of high treason ; that they stood upon their guard , to defend the propertie of their persons , goods , houses , possessions , from the robbery and plunder of theeving cavaliers ( * borne onely for the publike mischiefe of the reame ) who now live by the countries spoyle and robbery , and must not be resisted . if this proceeding be the so oft protested preservation , the vowed defence of the subjects liberties , properties , lives , the preserving of them in perfect and intire peace and safetie according to his majesties coronation oath , the governing of them according to the law , even whiles the parliament sits , and hath such forces in the field , the possession of the ports , navy , and other premises in their hands ( which if the king should die without heire devolve wholly into the kingdomes hands and possession , not to his executors , as to the true proprietors of them , a strong unanswerable argument , they are not now the kings but kingdomes in point of right and interest ; ) wee cannot ( say many men ) but suspect the like and worse usages when these are all surrendred into his majesties power , and that he with his ill counsellors ( who had lately such a bloody treacherous designe against bristoll during the treaty of peace , and now plainly professe , * that they never intended the premises should be put into such persons hands as the parliament and kingdome might confide in , but themselves alone ; ) will then as much over-awe the present and all future parliaments , as they doe now the country people where they quarter ; and handle many active worthy members of both houses ( particularly proclaimed rebels by the king without conviction , who hath not so violently proceeded against any of the irish rebels in this kinde , as he hath done against the houses of parliament , and the chiefe well deserving members of it ) as rigorously , if not far worse , as any now imprisoned by them ; notwithstanding that true rule of * seneca : remissius imperanti melius paretur . et non minus principi turpia sunt multa supplicia , quam medico multa funera . their second generall reason is , an * ancient ●ore plo●te● con●ederacie between the popish and prelaticall party in the kingdome to change religion , and re-establish pop●ry . which designe hath been vigorously prosecuted long before his majesties ●aigne , but more effectually since his marriage with one of that religion ; who in regard of her neerenesse to , and continuall presence with him heretofore , and activitie to assist him now against his parliament , hath such a merit●rious interest in his affections , if not powerfull influence upon his will and councells , as may induce his majestie ( as well as * king salomon ) to grant , at least a speedy publike long-expected tolleration and free use of the romish religion ( if not a suppression of the protestant faith ) throughout the realme , if all the premises be put into his majesties unlimited power . and that which backes this more then conjecturall feare , is : first , the large visible progresse made in this designe before this parliament , as not onely the houses joynt declarations , but divers malignant members declanatory orations , ( now with the king ) testifie , together with our prelates manifold popish innovations in doctrines , ceremonies , ecclesiasticall proceedings ; the popes nuncioes residence neere , and free accesse to court ; our agents residence at rome ; the cell of capuchins , chapples erected for masse , the infinite swarmes of seminary priests and jusuites every where , with freedome and impunity , the suspention of the lawes against them and popish recusants ; the late persecutions and suppressions of all godly preaching ministers and most zealous protestants , with other particulars clearely demonstrate . secondly , the present generall rebellion and bloody proceedings of the papists in ireland , to extirpate the protestant religion there ; and the many prevayling plots of the irish rebels party here , to delay , seize , or frustrate all ayde and opposition against them from hence : with his majesties late commissions to papists and protestants , and some who have beene in actuall rebellion to treate and conclude a peace with these rebells , contrary to the very act he passed this parliament for irelands releefe . thirdly , his majesties late letter to the councell in ireland to exclude the parliaments agents and members there from all their councells and meetings ; and if reports be credible , his majesties commissions lately issued to most notorious convicted papists in * wales , lancashire , the north and other parts , to arme themselves and raise forces under their comm●nds ( who are now in severall bodies in the field ) and his inte●tai●ing of divers popists and irish rebells in his army to fight against the parliament , contrary to the expresse lawes of the realme ; his owne frequent proclamations and protestations , ●o entertaine ●o papists neare h●m and to defend the protestant religion : which added to the intercepting of the parliaments provisions for the releefe of the protestants in ireland , the entertaining of some of the commanders sent to ireland by the parliament ag●inst the reb●lls , if not sending for some of them out of ireland from that service to warre against the parliament ; with the passes under his majesties hand for the tra●s●orting of some popish commanders ( since joyned wi●h the irish r●bells ) into ireland ; make many jealous heads suspect , the common vaunt , of the irish rebells , * that they have expresse commissions both from the ki●g a●d queene to warrant the●r ●roceedings th●re , and that they fight but for them against the parli●m●nt , pu●●tanes , and parliament-d●gs ( the language of the cavaleeres too , learned from them ) are not onely possible , but probable ; and that th●re is a generall designe on foote ( towards which the papists in forraigne parts ; through the priests and queenes negotiations , have made large contributions ) by the popish armies now raised in both kingdomes , to s●t up popery in its perfection every where , and extirpate the prote●●ant religion in all o●r kingdomes , which nothing but an absolute conquest of these blood-thirsty . papists ca● in probability prevent , they being already growne so insolent , as to say masse openly in all the northerne parts and army , and in reading , in affront of god and our religion : if therefore the premises should now be wholy surrendred to his majestie , it is much to be feared , that the popish party ( now most powerfull ) would in recompence of their meritorious service and assistance in these warres , at leastwise challenge , if not gaine , the chiefe command of the ports , navie , ammunition ; the rather , because the lord herbert ( a most notorious papist ) both before and since this parliament , enjoyed the sole charge and custodie of all the military engines and ammunition royall at foxes hall , designed for the kings chiefest magazine ; and then farewell religion , lawes , liberties ; our soules and bodies must become either slaves or martyr●s . their third generall ground , is the constant practise of most of our kings ( as iohn henry the d. edward , and richard the d , with others ) who after warres and differences with their parliaments , lords , commons , upon accommodations made betweene them , as soone as ever they got possession of their castles , ships , ammunition , seised by their subjects , brake all vowes , oathes , covenants made unto them , oppressing them more then ever ; enlarging their owne prerogatives , and diminishing the subjects liberties , ( yea taking away many of their lives against law , oathes , promises , pardons , ) on purpose to enthrall them ; which still occasioned new commotions , as the premised histories and others plentifully informe us . and that the king ( considering all his fore-mentioned proceedings , and pertinacious adhearing to his former evill councellours and their councells ) should degenerate from his predecessors policies , in case the premises be yeelded wholy to him , before our liberties and religion be better setled , and the just causes of our feares experimentally remov●d , i● hardly credible . but against these . generall reasons , his majesties many late solemne protestations , and those acts which he hath passed this parliament , are objected , as sufficient security against all future feares : to which they answer . first , that if his maj●sties coronation oath , to preserve his peoples liberties and lawes of the land inviolable , have beene no sufficient security to his subjects hitherto , ag●inst all the fore-mentioned grievances and illegall pressures : his verball protestations and promises are like to prove worse assurance : if solemne oathes be most apparently violated , what trust can there be to unswore words ? secondly , our kings in former times ( as i have plentifully proved and infinite examples more declare ) seldome or never kept either oathes or promises made to their subjects ; but have broken oath after oath , agreement upon agreement , with all verball legall ties ; reputing them onely lawfull policies to over-reach their people , and effect their owne designes with greater advantage to themselves , and prejudice to their subjects . and shall we dreame of a new world , onely in this dissembling age ; when king-craft is improved to the utmost ? thirdly , we had his majesties * solemne protestation , in the word of a king , in th● d yeare of his raigne , backed with * two printed declara●●ons then , to all his loving subjects , to maintaine the pet●tion of right , their lawes , liberties , properties , religion in purity and perfection without the l●ast violation , or any connivance a● , or back-●●iding to popery : and what good warrants or securities these since proved to the subjects to pr●se●ve them from severall inundations of oppressions ▪ tax●s , grievances , innov●●●ons and relapses to popery ▪ ( which have flowed in upon them ever since as if these 〈◊〉 b●ene ●o bankes to keepe them out , but sluces onely to let them in the faster ) the premises manifest , and we a●l experimentally feele this day . and are the new promises and protestations ( thinke you ) better then the old ? or those made this parliament more obligatory to the king , or his evill councellors , then those made the two last parliaments , infringed in an high degree ( even to the imprisoning , the searching of peeres , of commons pockets , and studies against the priviledges of parliament ) within few houres after they were published in print ? are not the subjects dayly taxed , imprisoned , plundered , murthered ; the priviledges of parliament dayly infringed , many wayes ? protestants dis-armed , papists armed , forraigne forces introduced , irish rebels privately countenanced , the greatest acts of hostility and cruelty exercised whiles treaties of peace are pretended ? the best iustices removed in all counties , ill affected persons set up in their places ; illegall commissions of array executed , justified , the best protestant ministers , people most robbed , pillaged , murthered , banished every where ; sheriffes illegally made , subjects ( even at oxford where the king resides ) more inhumanely handled under his majesties view , than gally-slaves in turki● ; and scarce one declaration or promise observed so much as the very day they are published ? notwithstanding so many multiplications of them in print ; that people may the better take notice how they are broken , if they be observant ? and shall the parliament then take , these so notoriously oft violated , never yet observed protestations , for our kingdomes onely substantiall security , to put all into his majesties hands forthwith , before they see some reall performances and change of councells ? certainely if they be so much over-seene , they are like to be so farre from mending our present condition , that they shall but make it worse , yea and betray themselves , with all that trust them , both for the present and posteritie . but we have very good lawes assented to by his majestie this parliament ; for our security too . true ! but are they not spiders webbs , and already undermined in action or intention ? doe they secure us in any kinde for the present , and will they doe it for the future ? will time ( thinke you ) make them binding to the king , if they oblige him not , as soon as made ? did the petition of right ● caroli , ( a most inviolable security as most then dreamed ) secure the subjects in the least degree against any publike wrong , so long as for one moneths space ? was it not turned into a kinde of wrong as soon as made , and ever since ? nay , were there not only sundry actions don , but iudgments too in the very greatest courts of iustice , given against it , yea against the very letter and unquestionable meaning of magna charta , and other fundamentall laws , by corrupted , or over awed timorous iudges ? yea , are not most good acts made this session for the subjects benefit , and all the subjects liberties at one stroke quite hewen downe and undermined by a pretence of law it selfe , in his majesties * answer to both the houses declaration , concerning the commission of array ? quid verba a●diam , fact● cùnv●deam ? the meanest latin● scholler knowes , that verba dare , signifies properly to deceive ; and subjects have beene oft deceived , even with acts of parliament . now that all may see how invalid assurances lawes are to secure the subjects liberties , though ratified with never so many confirmations , oathes , s●ales ; i shall give you ● . or . ancient presidents . the first is that of * king iohn , who anno . confirmed magna charta , the charter of the forrest , and other liberties with his hand , s●ale , oath , proclamations , the popes b●ll , solemne excommunications against the infringer● of it , denounced by all the bishops in his presence ; by appointing . ba●ons , who by oath were to see and force him , and all others to observe it , by seising on ●is castles , lands , goods ; and by resigning the custodie of his . chiefe castles to ●he dispose of . lords ; whom all other lords and commons were bound to assist ; yet in lesse than on halfe yeares , space , these strongest obligations are all cancelled , these gordians cut in sunder with the sword of warre , and the su●j●cts reduced to greater vassellage than ever , as the premises evidence . so king henry the d by oath sundry times successively ratified these charters , & the subjects liberties in parliament , which they oft dearely purchased with great subsid●es . and * an. , this king to gain a subsidie of his subjects , in a parliament then assembled at london ; denye● that he ever intended to revoke the great charter , and other liberties , or laboured with the pope to d●e it , with which the barons truely charged him ; and that if any such thing had beene casually suggested to him , he did utterly n●ll and revoke it : and because he seemed not altogether free from the sentence of excommunication , which ste●en the arch-bishop , with all the other bishops of england had denounced against all the infringers of the great charter , which he through ill councell had in part infringed ; he commanded them all in publike , to renew the said sentence against all contradictors of the sayd charter , so that if he himselfe , through any conceived rancor , had not peradventure observed it , he might more grievously relapse into the said denounced sentence . by which meanes , and speech , he wonderfully reconciled to him the hearts of all that heard of these things , and suddenly causeth the earles warren , and ferrers , and iohn fitz-ieffry , by the parliaments appointment , to be sworne his councellors ; giving them this oath ; that by no meanes , neither for rewards , nor any other cause , they should swarve from ●he way of truth , but should give good and wholesome councell both to the king and kingdome . whereupon they freely gave the king the th part of all their movable goods , except their gold , silver , horses and armes , to be spent on the good of the republicke , with this condition often annexed ; that the king should le●ve the councell of aliens , and onely use the advise of his naturall subjects : which subsidie was ord●red , to be collected by knights , and one clerke in every county , and there layd up in some religious house or castle , that if the king should receede from his promise and condition , every one might faithfully receive backe his owne againe . but no sooner was the parliament ended , but the king breakes all his promises ; shewes more favour to , and is more ruled by strangers then ever before ; levies the subsidie in a stricter and farre other manner then was prescribed , and bestowes most of it on strangers to be transported ; marrieth his sister . eleanor to sim ●n monfort , ( a new come french exile , of meane fortunes ) su●ru●eque naturalium hominum consiliis factus est extran●us & suis b● nevolis , regnoque ac r●publicae u●ilibus factus est cervicosus , ita quod per eorum consilium parum aut nihil de nego●iis regni tractaret aut operare●ur . which courses , with other , so incensed the nobility , and generally all the subjects , as put them into a new commotion ; which made him enter into new articles and promises ratified with seales and oathes , yet still infringed as soone as made . after this in the . yeare of his raigne he ratified them in the most solemne and religious manner as religion and state could ever devise to doe . * the king with all the great nobility of england , all the bishops and chiefe prelates in their pontificalibus , with burning tapers in their hands assemble to heare the terrible sentence of excommunication , and at the lighting of those candles , the king having one of them in his hand , gives it to a prelate there by , saying : it becomes 〈◊〉 me being no priest , to hold this candle , but my bea●● shall be a greater testimony ; and withall layd his hand spread upon his breast , the whole time the sentence was read , in this forme . we boniface arch-bishop of canterbury , &c. by the authority of go● almigh●y , and of t●e sonne , and of the holy ghost , and of all apostle , m●rtyrs , confessors , virgins , and all t●e saints of god ( many of them there specially named ) doe 〈…〉 and separate 〈…〉 church of god , all those who from henceforth , wittingly and willingly shall deprive or spoyle the church of her right : likewise all those , who by any art or cunning shall rashly violate , diminish , or alt●r privily or openly or by 〈◊〉 deed , or councell , shall rashly come against al o● any of the ancient liberties o●●pprov●d customes of the realme , and especially the libertie , and free customes which are conteined in the charters of the common liberties of england , and of the forest , granted by o●r lord the king of england , to t●e arch-bishops , bishops , prelates , earles , barons , knights and f●ee tenants of england ; likewise all them who shall make , or observe when made , any statutes , or introduce or keepe when introduced , any customes against them or any of them , together with the writers , councellors , and executioners of such statutes , and those who shall presume to judge accord●ng to them . insempeternall memory whereof , we have thought meete to set our seales . and then throwing downe all their candles , which lay smoking on the ground , every one cryed out ; so let every one who incurres this sentence be extinct in hell . then the b●l●s ringing cut , the king himself solemnely swore and protested with a lowd voyce , with his hand upon his brest : as god me h●lpe , i will faithfully and inviolably keep these things , as i am a man , a christian , a knight , a king crowned & ano inted . which done , robert bishop of lincolne fore-thinking , that the king would violate the foresaid charters , presently caused the like excommunication to be made in all his innumerable parish churches ; which sentence would make mens eares to tingle , and their hearts not a little to tremble . * never were lawes amongst men ( except those holy commandments from the mount ) established with more majestie of ceremony , to make them reverend and respected then were these : they wanted but ●hunder and lightning from heaven , ( which if prayers would have procured , they would likewise have had ) to make the sentence ghastly , and hideous to the infringer●●ereof . the greatest security that could be given , was an oath , and that solemnely taken ; the onely chain on earth , besides love , to tie the conscience of man and humane society together ; which should it not hold us , all the frame and government must needes fall quite asunder . who would have once imagined , that a man , a christian , a knight , a king , after such a publicke oath and excommunication , would ever have violated his faith , especially to his loyall subjects ? yet loe almost a miracle ( though over-common among our kings , ) the very next words in my * historian after this oath and excommunication , are these ; the parliament being thus dissolved , the king presently using ill counsell , studied how to infringe all the premises ; these whisperers of satan telling him ; that he neede not care though he incurred this sentence , for the pop● for one or two hundred pounds will absolve him , who out of the fulnesse of his power can loose and binde whatsoever he pleaseth , &c. which the pope soone after did ; and the king returned to his former oppressive courses , more violently than before . well then might the royall prophet give us this divine caution , * o put not you● trust in princes : * surely men of high degree are a lye ; to be layd in the ballance they are altogether lighter th●n vainty , both in their oathes and promises . hence* isable countesse of arundle , a well spoken lady , receiving a repulse from this kings hands about a ward , whereto she conceived she had right , the king giving her a harsh answere , and turning from her , sayd thus to his face : o my lord king , why turne you away your face from justice , that we can obtaine no right in your court ! you are constituted in the midst betweene god and us , but you neither governe your selfe nor us discreetely , as you ought . you shamefully vex both the church and nobles of the kingdome by all wayes you may , which they have not only felt in present but often heretofore . the king fired 〈◊〉 so free a speech , with a scornefull angry countenance , and lowd voyce answered : what , my lady countesse , have the lords of england , because you have tongue at will , made you a charter , and hired you to be their orator and advocate ? whereunto she replyed : not so my lord , they have not made any charter to me ; but that charter which your father made , and which your selfe have oft confirmed , swearing to keepe the same inviolably and constantly , and often extorting money , upon promise , that the liberties therein conteined should be faithfully observed , you have not kept , but without regard to honour or conscience broken ; therefore are you found to be a manifest violater of your faith and oath . where are the liberties of england , so often fairely ingrossed ? so often granted ? so often bought ? i , though a woman , and with me all the naturall and loyall people of the land , appeale you to the tribunall of that high iudge above , and heaven and earth shall be our witnesse , that you have most unjustly dealt with us , and the lord god of revenge , avenge and right us . the king distrubed at these words asked her ; if she expected not to obtaine her suite upon favour , seeing she was his kinswoman ? whereunto she answered . how shall i hope for grace , when you deny me right ? therefore i appeale before the face of christ against those councellours also of yours , who gaping onely after their own gaine , have bewitched and infatuated you . i wish none had cause at this very season to make the like appeales . as boldly , though in fewer words , is he reproved by the * master of the hospitall of hierusalem , in clarken-well , who comming to complaine of an injury committed against their charter , the king told him ; the prelates , and especially the templets and hospitalers , had so many liberties and charters , that their riches made them proud , and their pride mad ; and that those things which were unadvisedly granted , were with much discretion to be revoked ; alleaging , that the pope had 〈◊〉 recalled his owne grants , with the clause , non obstante and why should not he cashiere those charters inconsiderately granted by him , and his predecessors ? what say your sir ? ( sayd the prior ) god forbid so ill a word should proceed out of your mouth : so long as you observe justice you may be a king , as soone as you violate the same , you shall cease to be a king. to which the king inconsiderately replied . o what meanes this ! ; you englishmen , will you cast me downe from the kingdome as you did my father , and kill me being praecipitated ? i could instance in diverse like violations of mag●a charta and other good lawes immediately after their making and ratification with solemnest oathes and * excommunications , both in king e●ward the . and . and richard the seconds raignes , which because elsewhere lightly touched i shall pretermit ; concluding onely with one president more , in one of our best and justest princes raignes , king * edward the third , in whose reigne even then when by speciall acts , there was not onely a trieniall parliament but an annual to be held ; and sometimes . or . parliamentsheld every yeare , and magna charta usually first confirmed by a new law in every one of them , yet we shall finde not onely frequent complaints of the breaches of it , but * many new lawes one after another , enacted , to prevent and punish the violations of it ; and yet all to little purpose , as those acts declare , and our late , yea present times attest : and which is very observable ; when king edward the d in the first parliament , in the . yeare of his raigne , had ordained and established divers good statutes , which he willed and granted for him & his heires that they should be firmely kept & holden for ever , for the ratification of magna charta , and better observing other good lawes : and enacted , that the chauncellour , treasurer , barons of the exchequor , iudges , and all other great officers of the kingdome should then for the present in parliament , and for ever after take a solemne oath before their admission to their offices , to keepe and maintaine the points of the great charter , and the charter of the forrest , and all other statutes , without breaking any one point ; no sooner was that parliament dissolved , but the very same yeare , he publikely * revoked those statutes : pretending , that they were contrary to the lawes and customes of the realme , and to his prerogatives and rights royall , all which he by his oath was bound to m●inta●ne ; wherefore willing providently to revoke such things , which he so improvidently had done . because ( saith he , marke the dissimulation of princes even in parliaments ) we nev●r realy consented to the making of such statutes , but as then it beloved vs , wee dissembled in the premises : by protestations of r●vocations if indeed they should proceed to secure the dangers , which by the denying of the same we feared to come , for as much as the said parliament otherwise had beene without any exp●dition , in discord dissolved , and so our earnest busi●sse had likely bee●e , which god pr●ohibit i●ruine . and the said pretensed statute , we promised then to be sealed ; but sithence the statute did not of our owne free will proceed , it seemed to the ea●●s , barons , and other wise men , with wh●m wee have treated thereupon , 〈…〉 should be voide , and ought not to have the name nor strength of a statute : and therefo●e by their counsell and ass●n● we have decreed the said statute to be void , and the same in as much as it proceeded of deed , we have brought to be anulled . and the same we doe onely to the conservation and redintegration of the rights of our crowne , as w● be bound , and not that 〈◊〉 should in any wise aggravate or oppresse our subjects whom wee desire to rule by lenity and gentlenesse . and thus his s●ablishing of these lawe● , for him and his heires , firmely to be holden and kept for ever , was turned into an estate at will , determined as soone as granted . by which pretence of dissimulation , of a consent to acts , yet no free , but sained onely to accomplish his owne ends , and of preserving and redintegrating the rights of the crowne ; how easily may any king , ( and how oft have many kings , actually , though not legally ) invallid and ●ullifie all acts they have passed for the subjects benefit , as soone as they are made by parliaments ? what weake assurances then are lawes alone , to binde princes hands , or secure subjects liberties , let all wise men judge . if then the ignorant vulgar will be deceived with these specious fruitlesse protestations , and the bare grant only of some good laws ( already highly violated ) with●out any apparent intention to observe them ; yet most presume the great counsell of the kingdome ( which in so many printed declarations hath informed the subiec●● of the premises , to make them cautious , and vigilant against all such circumventions ) wil not be so easily over-reached , and find better assurances before they trust too 〈◊〉 ▪ fourthly , admit ( say some ) his majesties protestations and promises upon t●● hoped accommodation should be reall , ( w ch the sending abroad of his forces , west , south , north , at this very instant of treating makes most doubt , ) yet the sway of ill counsellors about him , more prevalent with , more trusted by him , at this present then his grandest counsell , the parliament : the potencie of the queene , the great merits of her grace & papists ( who will not be more modest with the king , then they are with god himselfe , in challenging rewards ex debito , for service done unto him ) 〈…〉 of divers malignants about the king , who will challenge all places of trust from his majestie , as just reward for their faithfull service ; as they did in henry the 〈◊〉 this raigne , when * mathew paris complained , and the whole kingdom● with him in this manner , iudicia 〈◊〉 injustis leges exlegibus , 〈…〉 &c. who when they have all power and offices shared among them , will be apt to meditate and act revenge on the primest of their parliamentary opposites , to oppresse and fleece the subjects to repaire their losses , their expences in this warre , or their poore decayed fortunes . all these with other such like probable subsequent considerations , may iustly plead the inconvenience , and great danger to parliament and kingdome , to make an absolute present surrender of the militia , forts , navie , ammunition into such untrusty hands , as are likely to turne them all against them , and to prooue mischeivous , if not pernicious , unto both , for the premised reasons ; * pestifera vis est valere ad n●cendum ; especially if it be in malignant hands . and here , to avoyd all misinterpretations of this impartiall discourse , i seriously protest ; that as i heartily desire and constantly endeavour a speedy , safe , cordiall vnion between king , parliament , people ; so have i most unwillingly been necessitated to repeat the premised objections , much feared designes , and experimentall contradictions betweene many late protestations and actions , ( frequent in parliamentary declarations , new printed pamphlets , and most mens mouthes ; ) not out of any disloyall seditious intention ( as some will maliciously mis-conster it ) to staine his maiesties reputation with his people , and make the breach betweene them incurable , that they may never trust one another more ; but onely faithfully to demonstrate to his highnesse and all about him , the great disservice and impoliticke pernicious advise of those ill counsellors , who have most unhappily engaged him in such pernicious proiects and frequent repugnances of workes and words , as have given both parliament and people , a more then colourable , if not iust occasion to distrust his maiesties gracious words and promises for the present , till they shall visibly discerne them , more punctually observed , and reallized for the future ; and made them so unhappy on the one hand , that now they dare not trust his majesty so farre forth as they desire , out of a provident care of their owne future security ; and his highnesse so unfortunate on the other hand , as to grow jealous of their loyalties , because they will not conside in his royall faith and protestations , so farre as he expects , out of a care to preserue his owne kingly honour . in this unhappy diffidence ( occasioned onely by his majesties cvill counsell ) betweene king and kingdome , a reall future renouncing of all forenamed suspected designes , and actuall performance of all regall promises , will be the onely meanes to cure all ielousies , banish all feares , remove all diffidences ; and beget an assured trust , firme peace , and lasting unity between king and subjects , to their mutuall unexpressible felicity ; which i shall dayly imprecate the god of peace , speedily to accomplish . but to returne to the matter in hand . secondly , it is conceived by many indifferent men , to be farre more reasonable and safe both for king and kingdome ( as things now stand ) that the mili●ia , ports , &c. till our feares and jealousies be quite removed , should remaine in the parliaments hands , then in the kings alone : which they thus demonstrate . first , because all these * are the kingdomes in right , property , use ; not the kings ; who being but the kingdomes royall publicke servant , may with honour and better reason deliver up the custody of them to the representative body of the kingdome for a reason , then detaine them from them , when they require it . secondly , because the parliament is the superiour soveraigne power , the king but the ministeriall ; and it is more rationall and just , that the inferiour should condiscend to the greater power , the ministeriall to those hee serves , then they to him . thirdly , many men of honour and fidelity are more to be trusted and credited , then any one man whatsoever , because not so mutable , so sub●ect to seduction , corruption , errour , or selfe-ends as one , or very few . this is the true reason , there are many iudges in all courts of iustice ; most select members in the highest court of all , the parliament , ( as there * was in the roman senate , in foraigne parliaments , in nationall and generall councels ; because courts of greatest trust and power ) many being more trusty and juditious then one , or a few ; whence solom●n doubles this resolution , * in the multude of counsellors there is safety ; yea , * two ( saith hee ) are better then one , in point of trust ; whence wise men of great estates make many 〈◊〉 , or executors , and seldome doe cofide in one alone , the parliament therfore being many , and the king but one , are most to be confided in by the kingdome . fourthly , kings have frequently broke their faith and trust with their parliaments and kingdomes ; parliaments seldome or never violated their trust to king or kingdome ; therefore it s more just , lesse dangerous for king and kingdome to trust the parliament , then the king. fiftly , the parliament is elective , consisting for the most part of the principall men in every county , city , burrough , in whom the people who elected them , most confide ; the king successive , not elective . therefore not so much confided in by the kingdome , as the parliament . sixtly , the parliament being the great counsell both of king and kingdome , consisting of the ablest men of all counties ; is better able to judge and make choyce of fit persons to manage and keep the premises for the publike safety , then the king alone , without their advise . seventhly , the parliament heretofore hath elected the greatest officers of the kingdome , ( yea the king himselfe , when the title to the crowne hath been doubtfull , the inheritance and discent whereof hath in all or most princes raignes , * beene constantly guided and setled by the parliament , as i have formerly proved ) because it most concernes the weal or woe ; the peace & safety of the realme to have trusty officers ; therefore by the selfe-same reason they should for the present appoint all officers for the custody and ordering of the premises . eightly , the kings trusting the parliament with these things for a convenient time , wil be the only meanes to remove the peoples feares , prevent their dangers , quiet their mindes , beget a perfect vnity and amity between king , parliament , subject , and prevent all future differences : whereas the present resigning of them to his majesties trust and power , will but augment their jealousies , feares , dangers , discontents ; and neither pacifie former differences , nor prevent future , but rather perpetuate and beget them ; especially if any notorious papists , malignants ( the likeliest men to be imployed vnder his maiesty ) be trusted with any of the premises , which will endanger both liberties and religion ; of which there will be no feare at all , if the parliament and such as they shall nominate be the onely trustees . in fine , if neither king nor parliament dare trust one the other alone with the premises , and it is neither royall , nor honourable as many beleev for the king to trust the parliament now alone , with these , who in their * declarations never desired , but professed the contrary , that the chiefest command of the militia when indifferent officers were appointed , should still reside in his majesty , in as ample manner as before ; there is no other equall , honourable , just , impartiall , probable way left to secure or accord both parties in this particular , but onely to commit the premises for a convenient time , to the custody of such trusty persons , nominated by the parliament to the king , or by the king to the parliament , as both sides ioyntly shall allow of , and by a speciall bill to prescribe them such an oath , as shall oblige them , to keep and imploy them onely for the ioynt use of king , kingdome , and parliament , by the joynt direction of king and parliament , and not by the single warrant or command of either of them , whiles this parliament continues ; vnder paine of high treason , both against the king and kingdome . i shall close up this obiection with the words of seneca , * securitas securitate mutua paciscenda est : errat enim si quis existimet tutum esse regem , vbi nihil a reg● tutum est . vnum est inexpugnabile munimentum , amor ciuium ; which the king shall then be sure of , when he takes up this resolution ; non rempublicam suam esse , sed se reipublicae : and shall really trust the kingdome and parliament as much , as farre forth , as he expects or desires they should trust him . the parliaments right to elect privie counsellours , great officers , and iudges . the third grand complaint of the king and royalists , against this parliament is : a that they take upon them a power to recommend and nominate to the king his privie counsellours , iudges , with other great officers of state ; demanding , that none of them may hereafter ( especially during parliaments ) be ordained by his majesty , but by their nomination or advice . a great affront , an intollerable encroachment on the prerogative royall , as is pretended . the lowd clamour against the parliament , if seriously examined , will speedily vanish into nothing . for ; first , it is b already cleared , ( c and fortescue so resolves ) that kings themselves ( the highest officers and justiciaries in their kingdomes ) were both created and elected at first , by the free generall votes of their people ; from whom alone they received all their royall authority , having still no other , nor greater lawfull power then they conferred on them , ( onely for the defence of their laws , persons , liberties , estates and the republicks welfare : ) which they may regulate , augment , or diminish , for the common good as they see just cause . therefore doubtlesse the people who thus created and elected their kings at first , did likewise constitute , and elect all publike councellours , officers , judges , ministers of the state , giving both being and bounds to their severall offices and iurisdictions by publike lawes ; which is most apparent not only in the d roman , e lacedemonian and other kingdomes , but our own too , by infinite acts of parliament creating , regulating and limiting the power , charters , pattents , graunts , and proceedings not onely of our kings , but of their counsellours , chancellous , treasurers keepers of the great seale and privie seale , high stewards , admiralls , marshalls , masters of the horse , presidents of the marches , and of york , masters and other officers of the court of wards iudges , and iustices of all courts , all kinds , sherifs ; coroners , customers , searchers , escheators , and all other temporall or ecclesiasticall publick officers : the right of whose elections remaining originally in the kingdome , and parliament representing it , was never yet irrevocably or totally transferred by them to the king , by any publike acts that i have seene : and therefore when they see just cause , they may make use of this their primitive inherent right of election , without any reall incroachment on the kings prerogative . secondly , i have already proved , that the f heretochs , lieutenants generall , and sherifs , ( as likewise the conservators of the peace ) in every county through the realme , were anciently elected onely by the parliament and people ; not the king , ( though they had the custody , power , command of the whole countey , ) without any impeachment to the prerogative royall ; why then may not these other publike officers of the estate be thus nominated and chosen by the parliament likewise , without any just exception or offence ? thirdly , all g coroners , majors , sherifs , baylifs , aldermen , recorders of london , yorke , bristoll , and generally of all cities , townes and burroughs throughout the kingdome ( which have the chiefe government of these corporations ) verderers of the forrest , constables and other officers , have ever anciently , and are still at this day elected onely by the people , not the king : yea all arch-bishops , bishops , abbots , priors , with other ecclesiasticall officers , ( who were formerly peers and members of the parliament , and rulers in the church , ) were anciently chosen , not by the king himselfe , but onely by the clergie and people , as sundry h presidents and i statutes manifest , and the conge de'sliers at this day for the election of new bishops , more then intimate : and all this without the least violation of the kings prerogative : why then may not the parliament nominate all those publike officers to the king by parallell reason , without ecclipsing his prerogative ? fourthly , the knights , citizens , and burgesses of the kings and kingdomes greatest court and councell , the parliament , k ( the k supreamest counsellors and iudges of all others , to whom all other courts , counsellors , officers , iudges , are responsible for their actions , iudgements , advice ; ) have alwayes of right beene , and yet are elected onely by the free-holders and commons of the realme : yea all the members of the lords house , though summoned thither by the kings writ , and not elected ; sit there * of right ( not of grace , or the kings free choyse ) by the fundamentall lawes and constitutions of the realme ; neither can the king by his absolute prerogative , elect any members of the commons house , or exclude any member of it , or peere of the vpper house ( who by vertue of his peerage ought to sit there ) without the houses consents : for then , if he might elect , or exclude one , he might likewise choose and seclude more , yea most of them , by like reason , at his pleasure ; and so subvert the subjects priviledges , and by a packed parliament impose what lawes or taxes he would on his people , to their slavery and ruine . which freedome of the subjects election , and all lords summons is so essentiall and necessary to parliaments , that the parliaments of r. . at westminster , and of h. . at coventry , were by the parliaments of h. . c. , . n● . , . and h. . c. . adjudged and declared to be void and no parliaments at all , but unlawfull , yea devillish assemblies , and ordinances , for this very reason ; because in the first of them the knights were not duly elected by the commons according to law and custome , but by the kings pleasure ; and the lords onely of the kings party , ( contrary to right and reason ) summoned to it : ( by meanes whereof , will , therein ruled for reason , men alive were condemned without examination ; men dead and put in execution by privie murther , were adjudged openly to dye , others banished without answer , an earle arraigned , not suffered to plead his pardon , l &c. ) and because the latter of them by m divers seditious evill-disposed persons about the king , was unduly summoned , onely to destroy some of the great nobles , faithfull and lawfull lords , and other faithfull liege people of the realme out of hatred and malice , which the said seditious persons of long time had against them : and a great part of the knights of divers counties of the realme , and many burgesses and citizens for divers burroughs and cities appearing in the some , were named , returned and accepted , some of them without due and free election , some of them without any election by meanes and labour of the said seditious persons , against the course of the lawes , and liberties of the commons of the realme , wherby many great jeopardies , enormities , and inconveniences , wel-nigh to the ruine , decay , and subversion of the realme , ensued . if then the grand councellors and judges of this highest court , are and ought to be elected only by the commons , not the king , because they are to consult , and make lawes for the kingdomes welfare , safety , government , in which the realme is more concerned then the king ; and bishops , abbots and priors likewise , whiles members of the lords house of parliament , were chosen by the clergy , people , commons , not the king : by semblable , or better reason , the whole state in parliament when they see just cause , may claime the nomination of all publike officers of the kingdome , ( being as much or more the kingdomes officers 〈◊〉 the kings , and as n responsible to the parliament as to the king , for their misdemeanours in their places ) without any diminution of the kings prerogative . fiftly , the parliament consisting of the most o honourable , wise , grave , and discree test persons of all parts of the kingdome , are best able clearely and impartially to iudge , who are the fittest , ablest , faithfullest , most deserving men to manage all these publike offices for the kings , the kingdoms honour and advantage , better then either the king himselfe , his cabinet-counsell , or any unconsiderable privadoes , courtiers , favourites ; ( who now usually recommend men to these places more for their own private ends and interests , then the kings or kingdoms benefit ; ) therfore it is but just & equitable that they should have the principall nomination and recommendation of them to the king , rather then any others whomsoever ; & that the king should rather confide herein to their unbiased iudgements , then to his most powerfull trustiest minions ; who would out the parliament of this just priviledge , that they might unjustly engrosse it to themselves ; and none might mount to any places of publike trust , but by their deare-purchased private recommendations ; the cause of so many unworthy , untrusty , corrupt publike officers and judges of late times , who have ( as p much as in them lay ) endeavoured to enslave both us and our posterities by publike illegall resolutions against their oathes and consciences . sixthly , though our kings have usually enjoyed the choice of judges and state officers , especially out of parliament time ; yet this hath been rather by the parliaments and peoples permissions , then concessions , and perchance by usurpation , as appeares by sherifes and lieutenants of counties elections , now claimed by the king , though anciently the subjects right , as i have proved . and if so , a title gained only by connivance or usurpation , can be no good plea in barre against the parliaments interest , when there is cause to claime it : however ; the kings best title to elect these publike officers , is only by an ancient trust reposed in his predecessors and him , by the parliament and kingdom , with this tacit condition in law ( which * littleton himselfe resolves is annexed to all officers of trust whatsoever , ) that he shall well and lawfully discharge this trust , in electing such counsellors , officers , and iudges as shall be faithfull to the republicke and promote the subjects good and safety . if then the king at any time shall breake or pervert this trust , by electing such great counsellors , officers , and judges as shall willingly betray his subjects liberties , proprieties , subvert all laws , foment and prosecute many desperate oppressing projects to ruine or inthrall the kingdom , undermine religion , and the like ( as many such have been advanced of late yeares ; ) no doubt the parliament in such cases as these , may justly regulate , or resume that trust so far into their own hands , as to recommend able , faithfull persons to these publike places for the future , without any injury to the kings authority . it was a strange opinion of hugh spensers ( great favourites to king edward the second ) which they put into a bill in writing , q that homage and the oath of allegianc● is more by reason of the crowne , then by reason of the person of the king , and is more bound to the crowne , then to the person ; which appeares , because that before the descent of the crowne , no allegiance is due to the person . therefore put case the king , will not discharge his trust well , according to reason in right of his crowne , his subjects are bound by the oath made to the crowne , to reforme the king and state of the crowne , because else they could not performe their oath . now it may ( say they ) be demanded , how the king ought to be reformed ? by 〈◊〉 of law , or by 〈◊〉 ? by suite at law , a man can have no redresse at all , for a man can have no iudge , but these who are of the kings party ▪ in which case , if the will of the king be not according to reason , he shall have nothing but ●rrour maintained and con●●med . therefore it behoveth for saving the oath , when the king will not redresse a thing , and remove what is evill for the common people , and prejudiciall to the crowne , that the thing ought to be reformed by force , because the king is bound by his oath to governe his lieges and people , and his lieges are bound to governe in aide of him , and in default of him . whereupon , these spensers , of their owne private authority , tooke upon them by vsurpation the sole government both of king and kingdome , suffering none of the peeres of the realme , or the kings good counsellours , appointed by the state , to come neere him to give him good counsell , not permitting the king so much as to speake to them but in their presence . but let this their opinion and private unlawfull practise , be what it will ; yet no doubt it is lawfull for the whole state in parliament , to take course , that this part of the kings royall trust ( the chusing of good publike counsellours , officers , judges , which much concernes the republike ) be faithfully discharged , by recommending such persons of quality , integrity , and ability to all publike places of trust and judicature , as both king and kingdome may confide in ; which will be so far from depressing , that it will infinitely advance both the kings honour , justice , profit , and the kingdomes too . seventhly , it is undeniable , that the counsellours , judges and officers of the kingdome , are as well the kingdoms councellours , officers and iudges , as the kings , yea more the kingdoms than the kings , because the king is but for the kingdoms service and benefit . this is evident by the statute of e. . c. . which enacts ; that as well the chancellour , treasurer , keeper of the privie seale , the iustices of the one bench and of the other , the chancellour and barons of the exchequer , as iustices assigned , and all they that doe meddle in the said places under them , shall make an oath , well and lawfully to serve the king and his people , in their offices : which oath was afterward enlarged by e. . c. . e. . stat. . e. . c. , , . rich. . c. . swearing and injoyning them : to doe even law , and execution of right to all the subjects rich and poore , without having respect to any person , &c. and if any of them doe , or come against any point of the great charter , or other statutes or the lawes of the land by the statute of e. c. . he shall answer to the parliament , as well at the kings suite , as at the suite of the party . seeing then they are as well the kingdomes councellours , officers , iudges , as the kings , and accountable , responsible for their misdemeanours in their places , as well to the parliament and kingdom as to the king , great reason is there , that the parliament , kingdome ( especially when they see just cause ) should have a voice in their elections , as well as the king. the rather , because when our kings have been negligent in punishing evill councellours , officers , iudges , our parliaments out of their care of the publike good , have in most kings reignes , both justly questioned , arraigned , displaced , and sometimes adjudged to death the kings greatest counsellours , officers and iudges for their misdemeanours : witnesse the displacing and banishing of william r longcham bishop of ely , lord chauncellour , chiefe iustice , and regent of the realme in richard the . his reigne ; of s sir thomas wayland chiefe iustice of the common pleas , attainted of felony , and banished for bribery by the parliament . ed. . the severall banishments of piers gaveston and the ● spensers ( the kings greatest favourites , officers , counsellors ) for seducing , miscounselling king e edward the second , oppressing the subjects , and wasting the kings revenues ; the removall and condemnation of f sir william thorpe , chiefe iustice of the kings bench , for bribery , . e. . the fining and displacing of g michael de 〈◊〉 pole lord , chauncellour , alexander nevell , and divers other great officers , and privie counsellours , with the condemning , executing , and banishing of tresilian 〈◊〉 , and other judges , in , & rich . by parliament , for ill councell , and giving their opinions at nottingham against law. of h empson , dudley , and that grand cardinall wolsey , lord chancellour , and the kings chiefest favourite and counsellour , in henry the eight his reigne : of the duke of sommerset , lord protector , and his brother , lord admirall , for supposed treasons in edward the th . his reigne : of sir francis bacon lord keeper , and cranfield lord treasurer , in king iames his latter dayes ; with infinite other presidents of former and latter ages ; and one more remarkable then all the rest : i in the yeare . ( the . of king edward the third his reigne ) and somewhat before , the prelates and clergy-men had ingrossed most of the temporall offices into their hands ; simon langham arch-bishop of canterbury , being lord chancellour of england , iohn bishop of bath , lord treasurer , william wickam archdeacon of lincolne , keeper of the privie seale , david wolley master of the rolles , iohn troy treasurer of ireland , robert caldwell clerke of the kings houshold , william bugbrig , generall receiver of the dutchy of lancaster , william ashby chancellour of the exchequer , iohn newneham and william de mulso chamberlaines of the exchequer , and keepers of the kings treasury and iewels ; iohn roxceby clerke and comptroller of the kings works and buildings , roger barnburgh , and priests more , clerkes of the kings chancery , richard chesterfield the kings under-treasurer , thomas brantingham treasurer of guives , merke and calis ; all these clergie-men ( who abounded with pluralities of rich spirituall livings , though they monopolized all these temporall offices : ) in the parliament of edward the d. by a petition and complaint of the lords , were displaced at once from these offices ( no wayes suitable with their functions ) and lay-men substituted in their places : and a like k president i find about hen. d. where the clergy lord chancellour , treasurer , with other officers were removed , upon a petition against them , and their offices committed to temporall-men , whom they better beseemed . if then the parliament in all ages hath thus displaced and censured the greatest councellours , state-officers , iudges for their misdemeanours , ill counsell , insufficiency , and unfitnesse for these places , ( contrary to that twice condemned false opinion , of the over-awed iudges at nottingham in r : . * that the lords and commons might not without the kings will impeach the kings officers and iustices upon their offences in parliament , and he that did contrary was to be punished as a traitour ; ) and that upon this very ground , that they are the kingdoms counsellours , officers and iustices , as well as the kings , and so responsible to the parliament and kingdome for their faults . i see no cause why they may not by like reason and authority , nominate and place better officers , counsellours , iudges in their steeds , or recommend such to the king , when and where they see just cause . eightly , l iohn bodin a grand polititian , truely determines and proves at large , that it is not the right of election of great officers , which declareth the right of soveraignty , because this oft is , and may be in the subjects , but the princes approbation , and confirmation of them when they are chosen , without which they have no power at all . it can then be no usurpation at all in the parliament upon the kings prerogative , to nominate or elect his councellours , great officers , and iudges , or recommend meet persons to him ( which is all they require ) so long as they leave him a power to approve and ratifie them by writs or speciall patents , in case he cannot justly except against them ; of which power they never attempted to divest his majesty , though he be no absolute , but only a politick king , m as fortescue demonstrates . ninthly , it hath beene , and yet is usuall in most forraigne kingdomes , for the senate and people to elect their publike offi●ers and magistrates , without any diminution to their kings prerogative . in n the roman state , the people and senate not only constantly elected their kings and emperours , but all their other grand publike officers and magistrates , ( as consuls , tribunes , dictators , senators , decemviri , and the like ) were elected by the people ; who prescribed them lawes , oathes , and had power to question , to punish , remoove and censure them when they offended . o solon and aristotle , with other great politicians , debating this question ; whether the power of electing and censuring the magistrates , and chiefe officers ought to resids in the people ? conclude offirmatively , that it is most necessary and convenient , this power should rest in the people ; because else the people shall become both the servants and enemies of their princes , if they have not this power ; and because all the people together are more considerable , and better able to judge of the goodnesse and fitnesse of magistrates for them , then any few select particular men , which are more apt to be seduced with by-end● , then a great multitude . whence , among the lacedemonians , and in most kingdomes and republicks in greece , the people had both the election , yea and correction of their magistrates and chiefe state officers , as they manifest . in the kingdome of p aragon , in spaine , their ancient suparbiense forum , their iustitia aragoniae , and rici homines , ( who are their principall magistrates , great counsell of state , and privi● counsellours to their king both in warre and peace ; having power over their kings themselves , to examine and censure all their actions , and remove them if there be cause ; ) with all their members , knights and burgesses of their parliaments ; ( held formerly once a ye●re , but now once every second yeare , by fixed lawes ; ) anciently were , and at this day are elected by the people and not the king. * in q the germane empire , the electorship , chancellourship , and all great offices of state , are hereditary and successive , not chosen by the emperour : and the greatest part of inferiour magistates , are elected in most provinces and cities by the people . in polonia the archbishop of gnesne , is by inheritance alwayes chancellour of the realme . in r hungary , the great palatine , the chiefest officer of that kingdome , next to the king himselfe , who at home determineth and judgeth all differences between the king and subjects , according to the lawes of that realme ( est enim apud panonios in usu , regem si quid contra legem fecerit , legibus subijci ) and during the interregnum , hath right to summon parliaments , and generall assemblies of the estates ; yea , the chiefe hand and power in electing a new king ; and the soveraigne command in the warres , adeo ut sontes punire , bene de re publica ●●ritis praemia discernere , fundosque qui . vel . agricolarum capaces sunt juris haer●ditarij nomine conferre possit , &c. ( as nicholaus isthuanfus writes ) is elected by the states and parliament of hun●ary , not the king. * and in this manner bethrius was elected palatine in a full ass●mbly of the states , senatus , nobili●ti●sque consensu , anno dom. . and the vayvode put by . in * venice , the senate and people chuse all the great publike officers , not the duke . in poland ( where the king is elective ) by the law of sigismond augustus , all the magistrates of every countrey were to be chosen , by the particular states of every government , and so they are now . in denmarke , and sweden , and bohemia , the kings themselves are elective by the states and people , and most of their publike officers too . when t rome and italy were under the gothish kings , they still elected their publike officers , as is evident by king theodoricus letter of approbation of their election , in these words . our consent , reverend , fathers , doth accompany your j●dgement . in u scotland , anno . the scots in king iohn bayliols reigne , considering his simplicity and unap●n●sse , elected them . peeres , after the manner of france : ( to wit ) . bishops , . earles , and . lords , by whose counsell the king ought to governe the realme , and by whose ordination all the affaires of the kingdome should be directed ; which was principally done in affront of king edward the first , by whom this iohn was made king of scotland , in some sort against the scots good liking ; some of them secretly murmuring against it . in france it selfe , where the king ( as * some thinke , and write , is an absolute monarch , ) the greatest publike officers anciently , have sometimes been elected by the three estates of parliament . y anno . the states of france , elected the earle of leycester their grand seneschall , and chiefe counsellour of state , to advise them , and their desolate estate , what to doe . z in the yeare . arthur duke of brittaine was chosen constable of france , by the voice of all the peers , of the great counsell , and parliament ; and thereupon was admitted to that grand office. a in the yeare . the th . of king iohn of france , the archbishop of roan , chancellour of france , sir simon de bury , chiefe counsellour of the king , and of the parliament , sir robert de lorize , chamberlaine to the king , sir nicholas brake , master of the kings pallace , eguerrain , burges of paris , and under-treasurer of france , iohn priest , soveraigne-master of the money , and master of the accounts of the king , and iohn chauneon , treasurer of the kings warres , were all complained of by the three estates of france , assembled in parliament , for misguiding the king and realme , their goods confiscated to the king , themselves removed from these offices , and others elected in their places by the states . in b the yeare . by a law made in the parliament at paris , it was decreed , that the officers of the high court of parliament should be made by the parliaments election , and those then vacant were so ; which law was againe revived by king lewis the th . in the yeare . and after him in the time of charles the th . not onely the presidents , the kings counsellours and advocates were made by election , but even the kings atturney generall ( the onely man of all the body of the court , that oweth not oath but to king onely ) was chosen by the suffrages of the court , in the yeare , . though their letters of provision and confirmation of their election then were , and yet are alwayes granted by the king. about the c yeare , . the earle of flanders who had regall jurisdiction , exacting new customes and taxes from his subjects , contrary to their liberties , they thereupon expelled him , with all his family and counsellours out of their countrey , and refused upon any termes to submit to his governement , unlesse he would remove all his evill counsellours from him , and deliver them into their hands to be punished , et recipere solvm velit consiliarios ex commvnis vvlgi decreto , and would receive such counsellours onely as his people by common decree should assigne him ; which he was constrained , sore against his will to condescend too , ere they would restore him . since then the councellours , magistrates , judges , and prime officers of state in most other kingdomes , have beene thus elected by the people and parliaments without any enchrochments upon their kings just regalities ; why our parliament now may not claime and enjoy the like priviledges , without any impeachment of the kings just prerogative ? transcends my understanding to conceive . finally , our own parliaments in most kings reignes , have both claimed and enjoyed this power of electing privie counsellours , chancellours , treasurers , judges , and other great officers of state , and created some new officers of far higher quality and power ( to governe both king and kingdome ) then any the parliament desires , 〈◊〉 are in truth fitting for them to create , unlesse in cases of absolute necessity , to prevent the kingdomes utter ru●ne . to give you some few principall instances of many . in the d yeare . the yeare of king iohns raigne , in a parliament held at ●●●ning-meade , neare windsor ; for the setling and securing of magna charta , and other the subjects lawes and liberties formerly granted by henry the . it was agreed by king iohn , and enacted , that there should be barons chosen , such as the lords would , who should to their uttermost power cause the same to be held and observed . and that if either the king or his iusticiar should transgresse in any article of the lawes , and the offences shewed , barons of the . should come to the king , or in his absence out of the kingdome , to the chiefe iusticiar , and declare the excesse , requiring without delay , redresse for the same ; which if not made within . dayes after such declaration , those barons should referre the cause to the rest of the , who with the commons of the land , might distraine and inforce the king by all meanes they could ( by seising upon his castles , lands , and pessessions , or other goods ; his person excepted , and that of his queene and c●ildren , ) till amends be made according to their arbitration . and that whosoever would should take their oath for the execution hereof , and obey the commandement of the . barons herein without prohibition . and if any of them dissented , or could not assemble ; the major part , to have the same power of proceeding : hereupon there are . barons chosen to b● conservators of magna charta , and the subjects priviledges ( whose names you may reade in matthew paris ) who by the kings consent , tooke an oath upon their soules ; that they would keepe these charters with all diligence , and compell the king , if he should chance to repent ( as he did soone after ) to observe them : which done : all the rest of the lords , then likewise tooke another oath , to assist and obey the commands of those five and twenty barons . in the yeare . e hugh de burgh , was made the protector , or guardian of the realme by a parliament , held at oxford . in the yeare . i reade in f matthew paris , and others , that ralph nevill bishop of chichister , was made keeper of the great seale , and chancellour of england , by assent of the whole kingdome ( in parliament , ) to wit , in such sort , vt non deponeretur ab ejusdem sigilli . custodia , nisi totivs regni ordinante consens●v & consilio , that he should not be deposed from the custody of the said seale , but by the ordinance , consent and covnsell of the whole realme . loe here the greatest officer of the realme , not onely elected , but confirmed by parliament , so as not to be displaced but by the consent of the whole realme , whose publike office● he was . hereupon king henry afterward , taking some distaste against ralfe ( because the monkes of winchester elected him bishop of that sea against his good liking ) tooke away the seale from him , and delivered it to geffery of the temple , in the ● g . yeare of his reigne ; but yet he held his chancellours place still , and tooke the profits of it , during all his life ; though he refused to take the seale againe , when the king offered to restore it him , the . of his reigne . quod per consilium praedicto cancellario commissum fuit totivs regni . h after which he being restored to the seale by the parliament , an. . this king removed ralph the steward of his houshold , with certaine other his counsellours , and great officers of his house , from his counsell , and their offices ; and he likewise most instantly required his seale from this bishop of chichester his chancellour , who executed his office unblameably , being a pillar of truth in the court , but the chancellour refused to deliver it , seeing the violence of the king to exceed the bounds of modesty ; and said , that hee could by 〈◊〉 meanes doe it , cum illud commvni consilio regni svscepisset , since he had received it by the common counsell of the kingdome ; wherefore he could not resigne it to any one withovt the common covnsell of the realme ; to wit , the parliament . * anno dom. . king henry the third sommoning a parliament at london , because it seemed somewhat hard to sequester all his present counsell from him sodenly , as reprobate , it was concluded , that the earle warran , william de ferarijs , and john fitz geofrey should be added to his privie counsell ; whom the king caused to sweare , that by no meanes , neither through gifts , nor any other manner , they should deviate from the way of truth , but should give good and wholesome councell both to the king himselfe and the kingdome . whereupon they granted him a subsidie of the thirtieth part of their goods , upon condition ; that from thenceforth , and ever after forsaking the counsell of strangers and all unnaturall ones ( qui semper sui & non regni amici esse consueverunt , & regni bona distrahere , non adunare ) he should adhere to the counsell of his faithfull and naturall subjects . et sic soluto consilio non sine interiori murmuratione & multa concepta indignatione , ●o quod cum difficultate tanta regis animum ad salubre consilium contorquerent ; & consilijs eorum , a quibus omnem honorem terrenum habet , obsecundarent , ad propria quisqueremeavit . but this prefidious king , & regni delapidator , as the barons and historians stile him , contrary to his solemne oath and promise , would not be weaned from his evill counsellours but retained them still , till by force of armes they were removed and banished . in the x yeare . the of henry the third his reigne ( the bishop of chichester , that faithfull stout chancellour made by parliament , dying , and the place continuing void for a space ) in a parliament at london , the lords and commons complained , that for defect of a chancellour , divers writs were granted against iustice , and they demanded , that by their election a iusticiar and chancellour might be made , by whom the state of the kingdome might be setled as it was accvstomed . the king promised to reforme all things himselfe , least he might seeme thereto compelled by them : which they gave him a convenient time to effect , and so adjourned ; promising to give him an aide at their next meeting , if in the meane time , he redressed things amisse , according to promise : which he failing to doe . at their next meeting , they demanded magna charta to be confirmed , which they had divers times dearely purchased , and a new charter to be made for that purpose , that all the infringers thereof should be solemnly excommunicated by the bishops . and because the king had not hitherto observed the great charter , notwithstanding his oathes and promises , and saint edmonds excommunication against him by infringing it , least the like danger should happen in after times , and so the last errour be worse then the first , by common assent they elected of the most p●l●tick discreetest men of all the realme , who should be of the kings counsell , and sweare that they would faithfully mannage the affaires of the king and kingdome , and would administ●r iustice to all men , without respect of persons : that these should alwayes follow the king ; and if not all , yet two at the least , should be present with him , to heare every mans complaint , and speedily releeve such as suffered wrong . that the kings treasury should be issued by their view and testimony , and that the money specially granted by all , should be expended for the benefit of the king and kingdome , in such sort , as should seeme best , and most profitable . and that these shall be conservators of their liberties . and that as they are chosen by the assent of all , so likewise not any of them should be removed , or deprived of his office , without common assent , that one of them being taken away , by the election and assent of the three , another should be substituted within two moneths . neither without them , but when there shall be necessity , and at their election , may all meet againe . that the writs impetrated against the law and custome of the realme , should be utterly revoked and cancelled . that sentence should be given against the contradictors . that they should oblige one another to excute all this by a mutuall oath . that the justiciar and chancellour should be chosen by the generall voices of all the states assembled : and because they ought to be frequently with the king , may be of the number of the conservators . and if the king by any intervenient occasion shall take away his seale from the chancellour , whatsoever shall be sealed in the interim , shall be reputed void and frustrate , till restitution of it be made to the chancellour . that none be substituted chancellour , or iusticiar , but by the universall assembly and free assent of all . that two iustices may be chosen of the bench ; two barons of the exchequer ordained : and at least one iustice of the iewes deputed : that at this turne all the said officers should be made and constituted by the common universall and free election of all , that like as they were to ●andle the businesses of all , sic etiam in eorum electionem concurrat assensus singulorum ; so likewise for their election the assent of all should concur . and afterwards , when there shall be need to substitute another in any of the foresaid places , this substitution shall be made by the provision and authority of the foure counsellours aforesaid . that those hitherto suspected , and lesse necessary should be removed from the kings side . but whiles these businesses , over-profitable to the common-wealth , had beene diligently handled by the lords for three weekes space ; the enemy of man-kind , the disturber of peace , the raiser of sedition , the devill ( as matthew paris writes ) unhappily hindered all these things by the popes avarice , through the coming of martin a new legate , with a larger power then any ever had before to exact upon the state ; the interposition of which businesse in parliament , where it received a peremptory repulse , tooke up so much time , that the former could not be fully concluded during that parliament . whereupon after this , in the yeare . h king henry calling a generall parliament at london to take an effectuall course for the setling of the distractions and grievances of the realme ; and therein demanding an ayde ; he was grievously reprehended for this , that he was not ashamed then to demand such an ayde , especially because when he last before demanded such an exaction ( to which the nobles in england would hardly assent ) he granted by his charter , that he would no more doe such an injury and grievance to his nobles : they likewise blamed him for his profuse liberality to forraigners , on whom he wasted his treasure ; for marrying the nobles of the land against their wills to strangers of base birth ; for his base extortions on all sorts of people , his detaining the lands of bishops and abbots long in his hands during vacancies , contrary to his coronation oath , &c. but the king was especially grievously blamed by all and every one ; who complained not a little , for that * like as his magnificent predecessors kings have had , iusticiarium nec cancellarium ha●et , nec thesaurarium , per commvne consilivm regni , prout deceret & expediret , hee had neither a chiefe iustice , nor chancellour , nor treasurer made , by the common councell of the kingdome as it was fitting and expedient ; but such who followed his pleasure whatsoever it was , so it were gainefull to him , and such as sought not the promotion of the common-wealth , but their own , by collecting money , and procuring wardships , and rents , first of all to themselves ; ( a cleare evidence , that these officers of the kingdome were usually of right created by the parliament , in this kings and his ancestors times : ) when the king heard this he blushed , being confounded in himselfe , knowing all these things to be most true : he promised therefore most truely and certainely , that hee would gladly reforme all these things , hoping by such a humiliation , though fained , more readily to incline the hearts of all to his request ; to whom , taking counsell together , and having beene oft ensnared by such promises ; they all gave this answer : this wil be seene , and in a short time it will manifestly appeare to all men ; therefore we will yet patiently expect ; and as the king will carry himselfe toward us , so we will obey him in all things : whereupon all things were put of and adjourned till dayes after saint iohn baptists feast ; but the king in the meane time , obdurated either by his owne spirit , or by his courtiers , who would not have his power weakned ; and being more exasperated against his people , regarded not to make the least reformation in the foresaid excess●s , according as he had promised to his liege people , but instead thereof , when all the nobles and parliament met againe at the day prefixed , firmely beleeving that the king , according to promise , would reforme his errours , and follow wholesome counsels , gave them this displeasing answer , by his ill councellours : ( from whom his majesties evill advisers lately borrowed it . ) you would , all ye primates of england , very uncivilly bind your lord the king , to your will , and impose on him an over-servile condition , whiles you would impudently deny to him , that which is lawfull to every one of your selves . verily it is lawfull to every one , to use whose and what councell he listeth . * moreover it is lawfull to every housholder to preferre to , put by , or depose from this or that office any of his houshold , which yet you rashly presume to deny to your lord the king ; especially when the servants ought not at all to judge their lord , nor the vassalls their prince ; nor to restraine him with their conditions ; yea verily , who ever are reputed * inferiours , ought rather to be directed by the pleasure of their lord , and to be regulated by his will ; for the servant is not above his lord , nor yet the disciple above his master . therefore he should not be as your king , but as your servant , if he should be thus inclined to your will. wherefore he will neither remove chancellour , nor iustice , nor treasurer , as you have propounded to him to doe ; neither will he substitute others in their places : he likewise gave a cavilling answer to the other articles though wholesome enough to the king , and demanded an ayde to recover his right in forraigne parts . when the barons heard this answer , it appeared more cleere then the light , that these things sprung from those ill councellours , whose weakened power would be utterly blowne up , if the councell of all the baronage should be hearkened to ; wherefore they all gave this unanimous peremptory answer ; that they would grant no ayde at all to impoverish themselves , and strengthen the enemies of the king and kingdome : and so the parliament being dissolved with indignation , unusquisque spe fraudatus a parliamento frustra diu expectato , nihil nisi sannas , cum frivolis amissis laboribus cum expensis , ut solent saepius , reportarunt : which when the king had seene he was put into a vehement anger , and said to his councellours ; behold by you the hearts of my nobles are turned from me ; behold i am like to lose gascoigne , poyteirs is spoyled ; and i am destitute of treasure ; what shall i doe ? whereupon to satisfie him , they caused his plate and iewels to be sold , and invented sundry new projects to raise monies . the very * next yeare . the lords assembling againe at london at the end of easter pressed the king with his promise made unto them , that the chiefe iusticiar , chancellour , and treasurer might be constitvted by the generall consent of the kingdome ; which they most certainely beleeved they should obtaine : but by reason of the absence of richard earle of cornewall , which was thought to be of purpose , they returned frustrate of their desire for that time . * anno . in another parliament summoned at london , in easter tearme , the lords and commons require and claime againe their former rights in electing the iusticiar , chancellour , and treasurer ; but after much debate the parliament is proroged , and nothing concluded . yet the lords and commons would not be thus deluded of their right , which to regaine , they strained their jurisdiction to an higher note then ever they had done before . for in the l yeare . the barons seeing the realme almost destroyed with taxes , and exactions , and poictovines to domineere and rule all things in england , effectually to redresse these grievances , and reforme the state of the realme , in a parliament at oxford , ( to which they came very well armed ) by advise of some bishops ; among other articles , they demanded of the king , that such a one should be chiefe iusticiar who would judge according to right , &c. and that . ( others write . persons , ( whom fabian stiles the douze peeres ) should there be chosen , to have the whole administration of the king and state ( by reason of the kings former misgovernment ) and the yearely apiointing of all great officers ; reserving onely to the king the highest place at meetings , and salutations of honour in publike places . to which article the king , and his so●ne prince edward , out of feare , not onely assented and subscribed , but likewise tooke a solemn● oath to performe them ; all the lords and bishops taking then the like oath , to hold and maintaine these articles inviolably ; and further they m●de all that would abide in the kingdome , to sweare also to them ; the arch-bishops and bishops solemly accursing all such as should rebell against them . which articles the king and his son labouring by force of arms to annull , they were notwithstanding enforced to confirme them in . or subsequent parliaments . by vertue of these articles enacted thus in parliament , those lords not only removed old sherifes of counties appointed by the king , and put in new of their owne chusing ; but likewise displaced philip lovell the kings treasurer , with divers officers of the exchequer , and sundry of the kings meniall servants , setting others whom they liked in their places ; and made hugh bygod , lord chiefe justice , who executed that office valiantly and justly , nullatenus p●rmittens jus regni vacillare ; creating likewise a new chancellour and removing the old . after this in a parliament at london , anno . they consulted about the electing of new justices , and of the chancellour and treasurer of england for the following yeare , ( these places being made annull by the former parliament : ) in pursuance whereof , hugh bigod his yeare expiring , hugh spenser was by the lords and parliament appointed to be his successour , and made lord chiefe iustice , and likewise keeper of the tower of london , by the consent of the king and barons ; and by authority of this parliament , the abbot of burgh , succeeded iohn de crakedale in the treasurership , and the great seale of england was by them committed to the custody of * richard then bishop of ely. the very next yeare . the barons , with the consent of the selected peeres , discharged hugh spenser of his chiefe iusticeship , when his yeare was expired , and substituted sir philip basset in his roome ; in which yeare the king appointed justices of eyre through england , without the lords , contrary to the provisions of the parliament at oxford : they coming to hereford to keepe a sessions there , and summoning the county to appeare before them on hockeday ; divers chiefe men of those parts , who sided with the barons assembled together , and strictly commanded those iudges not to presume to si● , against the ordinances of oxford , neither would any other of the people answer them in any thing : whereupon acquainting the king with this opposition , they departed thence without doing ought : and the king making this yeare new sherifes in every couunty , displacing those the barons had made ; the inhabitants of each county hereupon marfully repulsed them , and would not obey , nor regard , nor answer them in any thing ; whereat the king was much vezed in minde : and upon a seeming shew of reconciliation to the barons , going to dover and rochester castles ( committed to the barons custody for the kingdomes safety ) they permitted him to enter peaceably into them without any resistance : upon which , minding to breake his former oaths for the keeping of the oxford articles , he first seiseth upon these and other castles , and then coming to winchester castle where he had free entrance permitted him by the barons ( who suspected no ill dealing , he tooke it into his owne custody ; whether he called to him the chiefe iustice and chancellour , not long before made that yeare , by the barons ; commanding them to deliver up the seale and iustices roles unto him ; who answered , that they could by no meanes doe it , without the barons consent and pleasure concurring with the kings , with which answer the king being moved , presently without consulting with the baronage , made walter merton chancellour , and the lord philip basset chiefe justice to him and the kingdom ; removing those the barons had appointed from those and other places . which the barons hearing of , considering that this was contrary to them and their provisions , and fearing least if the king should thus presume , he would utterly subvert the statutes of oxford , thereupon they poasted to the king , guarded with armes and power , and charged him with the breach of his oath ; forcing him at last to come to an agreement with them ; which the king soone violating ; the barons and he raised great forces , met and fought a bloody battle at lewes in sussex ; where after the losse of . men , the king and his son prince edward , with sundry lords of his party were taken and brought prisoners to london : where all the prelates , earles , and barons , meeting in parliament ( anno as mathew westminster computes it ) made new ordinances for the government of the realme ; appointing among other things , that two earles , and one bishop elected by the commons should chuse . other persons , of which three should still assist the king ; and by th● counsell of those three and the other nine , all things should be ordered , as well in the kings house as in the kingdome , and that the king should have no power at all to doe any thing without their counsell and assent , or at least without the advice of three of them . to which articles the king ( by reason of menaces to him , to elect another king ) and prince edward ( for feare of perpetuall imprisonment if they consented not ) were enforced to assent ; all the bishops , earles and barons consenting to them , and setting their seales to the instrument wherein these articles were conteined . after which the earle of leicester and his two sons , being three of the twelve , devided all the kings castles and strong holds betweene them , and bestowed all the chiefe offices in the kings house , upon his capitall enemies ; which indiscreete , disloyall carriage of theirs , much offended not only the king and prince , but the earle of glocester and other of the barons ; so that they fell off from the earle to the king and prince , and in a battell at eusham slew the earle , and most of his partisans ; after which victory the king calling a parliament at winchester , utterly repealed and vacated those former ordinances : which had they only demaunded the nomination of great officers , counsellours and judges to the king , and not entrenched so far upon his prerogative , as to wrest all his royall power out of his hands , not only over his kingdom , but houshold too ; i doubt not but they had beene willingly condiscended to by the king and prince as reasonable , and not have occasioned such bloody wars to repeale them by force . in k. edward the second his reigne , the lords and commons by an ordinance of parliament , having banished out of court and kingdome pier ; gaveston , his vi●ious favourite , and pernicious grand counsellour ) in a c parliament held at warwick , nominated and constituted hugh spenser the sonne , to be the kings chamberlaine ; and in that parliament further enacted ; that certaine prelates and other grandees of the realme should remaine neare the king by turnes , at set seasons of the yeare , to counsell the king better , without whom no great businesse ought to be done : challenging ( writes speed ) by sundry ordinances mad● by them in parliament , not onely a power to reforme the kings house and councell , and to place and displace all great officers at their pleasvre , but even a joynt interest in the regiment of the kingdome . after which the spensers engrossing the sole regiment of the king and kingdome to themselves , and excluding those lords from the king , appointed by the parliament to advise him , not suffering the king so much as to speake with them but in their presence ; they were for this and other offences banished the land by act of parliament . this king towards the end of his raigne , after the queenes arrivall with her army , obscuring himselfe and not appearing ; by f advise and consent of the lords , the duke of aquitaine was made high keeper of england , and they , as to the custos of the same , did sweare him fealty ; and by them robert baldocke lord chancellour was removed , the bishop of norwich made chancellour of the realme , and the bishop of winchester lord treasurer , without the kings assent . in the yeare of k. edward the d. chap. , . there was this excellent law enacted . because the points of the great charter be blemished in divers manners , and lesse well holden then they ought to be , to the great perill and slaunder of the king , and dammage of the people ; especially in as much as clerkes , peeres of the land , and other freemen be arrested and imprisoned , and outed of their goods and cattels , which were not appealed nor indighted , nor suite of the party against them , affirmed ; it is accorded and assented that henceforth such things shall not be done . * and if any minister of the kings , or other person of what condition he be , doe or come against any part of the great charter , or other statutes , or the laws of the land , he shall answer to the parliament , as well as the suite of the king , as at the suite of the party , where no remedy nor punishment was ordained before this time , as farre forth where it was done by commission of the king , as of his owne authority ; notwithstanding the ordinance made before this time at northampton , which by assent of the king , the prelates , earles , and barons , and the commonalty of the land , in this present parliament is repealed , and utterly disanulled . and that the chancellour , treasurer , barons and chancellour of the eschequer , the iustices of the one bench and of the other , iustices assigned in the county , steward and chamberlaine of the kings house , keeper of the privie seale , treasurer of the wardrobe , controuler , and they that be chiefe deputed to abide nigh the kings sonne duke of cornewall , shall be now sworne in this parliament , and so from henceforth at all times that they shall be put in office , to keepe and maintaine the priviledges and franchises of holy church , and the points of the great charter , and the charter of the forrest , and all other statutes , without breaking any point . item , it is assented , that if any the officers aforesaid , or chiefe clerke to the common bench , or the kings bench , by death or other cause be out of his office ; that our soveraigne lord the king by the accord of his great men which shall be found most nighest in the county , which hee shall take towards him , and by good councell which he shall have about him , shall put another convenient into the said office , which shall be sworne after the forme aforesaid . and that in every parliament at the third day of the same parliament , the king shall take to his hands the offices of all the ministers aforesaid ; and so shall they abide or dayes , except the offices of iustices of the one place and the other , iustices assigned , barons of the exchequer ; so alwayes that they and all other ministers be put to answer to every complaint . and if default be ●ound in any of the said ministers by complaint or other manner , and of that be attainted in the parliament , he shall be punished by judgement of his peeres out of his office , and other convenient set in his place . and upon the same , our said soveraigne lord the king shall doe to be pronounced to make execution without delay , according to the iudgement of the said peeres in the parliament . loe here an expresse act of parliament g ordained and established by king edward the third , by assent of the prelates , earles , barons , and other great men , and of all the commonalty of the realm , which this king did give and grant for him and his heires , firmely to be kept and holden for ever ; that all great officers , barons , iudges and iustices of the kingdome , and chiefe attendants about the king and prince , should not onely take the fore-mentioned oath , but be elected alwayes by the accord of the great men , and good councell neare and about the king , out of parliament , and by the peeres in parliament , and the king bound to make execution according to their iudgement . this law ( as i conceive ) was never legally repealed by parliament , but onely by this kings h proclamation , by the ill advice and forced consents of some few lords and councellours about him ; upon pretence , that he never freely assented to it , but by dissimulation onely to obtaine his owne ends , that parliament , which else would have miscarried and broken up in discontent had not this law beene granted in manner aforesaid . which consideration makes me confident , that the parliament being so eager to obtaine this law , would never so soone yeeld wholly to repeale it , and so for ought i know it stands yet in force , to justifie the present parliaments claime in this particular . in e. . c. . e. . c. . e. . stat. . e. . c. , , . divers notable oathes are prescribed to iudges , iustices and other officers , and that they shall not delay nor forbeare to doe right for the kings great or little seale , or any letters from him or any other , but goe forth to doe the law , notwithstanding them : in the yeare . the of edward the d. his raigne , a * parliament , ( commonly called the good parliament by our historians ) being assembled , the king required a subsidie by reason of his warres ; to which the commons answered ; that they could no longer beare such charges , considering the manifold most grievous burdens they had from time to time borne before : and that they knew full well , that the king was rich enough to defend him and his land , if his land and the treasure were well guided and governed ; but it had beene long evill ruled by evill officers , so that the land could not be plenteous neither with merchandize , chaffer , nor riches . by reason whereof , and of their importunate charges the commonalty was generally impoverished moreover , the commons complained upon divers officers that were the causers of this mis-order , whereof the lord latimer , ( then lord chamberlaine ) was principall , and dame alice piers the kings concubine , ( who would usually in most impudent manner come in person into all courts of iustice , and sitting by the iudges and doctors , perswade or disswade them to judge against the law for her owne advantage , on that side for which she was engaged ; to the great scandall and dishonour of the king , both in his owne and other realmes : ) and sir richard scurry knight , by whose councells and sinister meanes the king was mis-guided , and the government of the land disordered . wherefore they prayed by the mouth of their speaker , sir piers de la mare , that the said persons with others , might be removed from the king , and others to be set in authority about his person , as should serve for his honour and for the weale of his realme . which request of the commons : by meanes of the noble prince edward was accepted ; so that the said persons , with the duke of lancaster and others , were removed from the king ; and other lords by advise of the said prince , and other wise lords of the realme ; & per parliamentvm praedictvm writes walsingham , were put in their places , such as the prince and peers thought fittest . moreover in this parliament , at the petition of the commons it was ordained , that certaine bishops , earles and other lords should from thence forth govern both the king and kingdom ( the king being then in his dotage unable to governe himself or the kingdome ) because the king was growne old and wanted such governours . this passage is thus expressed in the parliament roll of . e. . numb . . also the commons considering the mischiefes of the land , shewed to the king and lords of the parliament ; that it shall be for the honour of the king and profit of all the realme , which is now grieved in divers manners by many adversities , as well by the wars of france , spaine , ireland , guyon and bretaigne , and else-where , as likewise by the officers who have been accustomed to be about the king , who are not sufficient at all without other assistance for so great a government ; wherefore they pray that the councell of our lord the king , be inforced ( or made up ) of the lords of the land , prelates and others to the number of . or . ( which the king shall please ) to remaine continually with the king , in such manner that no great businesse shall passe or be there decreed without all their assents and advice ; and that other lesser businesses shall be ordered by the assent of , or . of them at least , according as the case shall require ; so that at least . or . of such counsellours shall be continually resident to councell the king. and our lord the king , consid●ring the said request to be honourable and very profitable to him , and to all his realme , hath thereto assented : provided alwayes that the chancellour , treasurer , or keeper of the privy seale , and all other officers of the king , may execute and dispatch the businesses belonging to their offices , without the presence of the said councellours , the which the king hath assigned , &c. but this ordinance lasted scarce three moneths , for after the commons had granted a subsidy of foure pence the pole , of all above foureteene yeares old , except beggars : prince edward dying , and the parliament determining , these removed ill-officers got into the court , and their offices againe ; and by the instance and power of alice piers , the speaker , de la mare was adjudged to perpetuall prison in nottingham castle , ( an act without example in former times , and which did no good in this ) where he remained prisoner two years space , though his friends very oft petitioned for his liberty : and o iohn a gaunt duke of lancaster ( made regent of the realme , because of the kings irrecoverable infirmity ) summoning a parliament the yeare following , repealed the statutes made in this good parliament , to the subjects great discontent , who were earnest suiters to the duke for de la mare his enlargement and legall tryall ; which being denied , the londoners upon this and other discontents tooke armes , assaulted the duke , spoyled his house at the savoy , and hung up his armes reversed , in signe of treason in all the chiefe streets of london . but in the first yeare of richard the second , in a p parliament at london , peter de la mare and almost all the knights ( which plaid their parts so well in the good parliament for the increase of their country , and benefit of the realme ) resuming their petitions , caused alice piers ( who contemning the act of parliament , and the oaths wherewith she had bound her self , presumed to enter the kings court , to perswade and impetrate from him whatsoever she pleased ) to be banished , and all her movables and immovables to be confiscated to the king , notwithstanding she had corrupted with mony , divers of the lords and lawyers of england , to speak not only privately , but publikely in her behalfe . q in the . yeare of richard the d , william courtney bishop of london ▪ edmond mortymer earle of march , and many others of whom the common-people had the best opinion , being good , wise , and famous men , were by publike consent appointed councellours and regents to the king , being but young : and this yeare henry piercie earle of northumberland resigning his marshalls rod , iohn de arundel , was made marshall in his place . in the r third yeare of richard the second in a parliament at london the commons petitioned , that one of the barons , who knew how to answer forraigners wisely , and might be mature in manners , potent in workes , tractable and discreete , to be the kings protector . electus est ergo , commvni sententia , &c. hereupon thomas beauchamp earle of warwicke , was elected by common consent in parliament , lord protector , that he migh con●inually abide with the king , and recei●e an honorab●e anuall stipend out of the kings exchequer for his paines : and those bishops , earles , barons , and iudges assigned to be the kings counsell and gardians the yeare before , were upon the commons petition this parliament removed , because they spent much of the kings treasure , & nullum , a●t modicum fructum protulerunt . in this parliament sir richard scrope , resigned his office of lord chauncellour , and simon de sudbu●y , archbishop of canterbury ( contrary to his degree and dignity , as many then cryed out ) was substituted in his place . in a parliament at london in the fifth yeare of king richard the second , sir richard sc●ope was againe made s chauncellour , petentibvs hoc magnatibvs et commvnibvs , at the reqvest of the lords and commons , as being a man who for his eminent knowledge and inflexible justice , had not his peere in england , and hugh segrave knight , was then likewise made lord treasurer . t sed quid juvant 〈◊〉 parliamentorum , &c. ( writes walsi●gham of the acts of this parliament , and u speed out of him . ) but to what purpose are acts of parliament , when after they are past , they take no manner of effect , for the king with his privie counsell was wont to change and abolish all things , which by the commons and nobility had beene agreed upon in former parliaments ? for the very next * yeare the king deposed scrope from his chauncellourship , and tooke the seale into his owne hands , ●●aling divers grants , and writings with it as he pleased , and at last delivered the s●ale to richard braybrooke , which walsingha● thus relates . x lord richard scrope knight , qui per regni commvnit atem , et assensvm dominorvm electvm in regni cancellarivm , was in those dayes put from his office of chancellor , which he had laudably , and prudently administred . the cause of his removall was , his peremptory resistance of the kings will , who desired to impoverish himselfe , to exalt strangers . for certaine knights and esquires of inferiour ranke , being the kings servants , begged of the king certaine lands , and the demeasnes of such as dyed , during such time as by the custome of the kingdome , they ought to remaine in the kings hands . the king being a child , without delay granted their requests , and sending them to the chancellor , commanded him to grant them such charters under the great s●ale , as they desired : but the chauncellor , who ardently desired the benefit of the realme , and the kings profit , plainely denyed their requests ; alleaging that king was much endebted , and that he had neede retaine such casualties to himselfe to helpe discharge his debts . that those who knew in what debts the king was obliged , were not faithfull to the king , whiles they minded more their owne avarice than the kings profit , preferring their private gaine before the publicke necessities . wherefore they should desist from such requests , and be content with the kings former gifts , which were sufficient for them . and that they should know for certaine , that he would neither make nor seale any such charters of ●●nfirmation to them , of such donations of the king , who was not yet of full age , 〈◊〉 hee should herea●●●r receive ill thankes from him . whereupon these petitioners returning from the chancellour , inform the king ; that the chauncellors minde was obstinate , and that he would doe nothing at his command , but rather contemne his royall m●ndate ; that the king ought with due severity , speedily to curbe such an unbrideled disobedience , or else it would quickly come to passe , that the kings honour would grow contemptible among his subjects , and his command be of no value . the king therefore who understood as a childe , more regarding the false machinations of detractors , then the faithfull allegations of his chauncellour , in a spirit of furie sends some to demand his seale of him , and to bring it to himselfe . and when the king had sent againe and againe by solemne messengers , that he should send the seale to him ; the chauncellour answered thus ; i am ready to resigne the seale , not to you , but to him who gave it me to keepe , neither shall there be a middle bearer betweene me and him , but i will restore it to his hands , who committed it to mine owne hands not to others . and so going to the king ; here delivered the seale , promising that he would ( as he had hitherto ) be faithfull to the king ; yet denyed that he would hereafter be an officer under him . and then the king receiving the seale did for many dayes what he listed , unt●ll master robert braibrooke bishop of london had undertaken the office of chancellour . when not onely the nobility of the kingdome , but the commonalty likewise heard , that the king contrary to the custome of the kingdome had captiously deposed the chauncellour , whom all the nobilitie of the kingdome with the suffrage of all the commons had chosen , they were exceedingly moved with indignation . yet no man durst speake openly of the matter , by reason of the malice of those about the king , and the irrationall youth of the king himselfe : and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion , and the malice of those inhabiting with him . in the ninth y yeare of king rich●rd the second michael d● la p●le earle of suffolke for grosse abuses , bribery , and treason , was put from his chauncellourship , fined . markes to the king and condemned to dye : haec autem omn●a quanquam summe regi placuisse d●buerant maximè displicebant , adeò fideb●t infideli , adeo coiuit nebulonem . insomuch that the king and his familiars plotted to murther the knights of the parliament who most opposed the subsidie he demaunded , and the said michael , together with the duke of glocester at a supper in london to which they should be invited , thinking by this meanes to obtaine their wills : but the duke and they having timely notice thereof , and richard exton then major of londo● , freely telling the king when he was called to assent to this villany , that he would never give his consent to the death of such innocents ( though sir nicholas bramber major th● yeare before had thereto assented ) this wickednesse was p●ev●nted : and being made publicke to all the inhabitants in the city and parts adjoyning ; from thenceforth the hatred of such counsellors , and love of the duke and fores●yd knights encreased among all men . and the duke and knights with greater constancie and courage opposed de la pole ; and z after many delayes , the king full ●ore against his will , was compelled to give a commission of oye● & terminer to the duke of glocest●r , and ●i●hard earle of arundell , to heare and determine the businesses and complaints against de la pole , and all others which the knights of the parliament had accused , who gave judgement of death against them ; and thomas arundell bishop of ely , was m●de chauncellour by the parliament , in de la poles place , and the bishop of durham removed from his lord treasurership , with which he was much enamoted , ( taking much p●ines and being at great cost to procure it ) and 〈◊〉 gilbert bishop of herefo●d ( qui plus li● gua quam fide vigebat ) was su●roga●ed in 〈…〉 but this parliament ending , the king immediately received de la pole , ( whom * walsingham stiles , p●rfidiae promptuarium , senti●a avaritiae , aur●ga proditionis , archa malitiae , odii seminator , mendacii fabric tor , susurro nequiss●mus , dolo p●aestantiss mus , artificiosus detractor , pat●iae del●to● , consiliarius nequam , meritò perfi us , euomens spiritum in terra p●regrina ) together with the duke of ireland , and alexander n●vell archbishop of yorke , into his court and favour , who laboured night and day to incense the king against the lords , and to annull the acts of this parliament ; by which meanes the kings hatred towards his nobles and naturall faithfull people increased every day more and more ; these ill councellors whispering unto him , that he should not be a king in effect , but on●ly , in sh●dow , and that he should enjoy nothing of his owne , if the lords shou●d keepe t●eir received power . the king therefore beleeving them , from thenceforth suspected all the nobles , and suffered these ill councellors and their confederates to w●st his revenues and oppress● his people . whereupon the a next yeare following , a parliament being summoned , the lords and commons by reason of great and horrible mischeifes , and perils which had hapned to the king and the realme aforetime , by reason of evill councellors and governance about the kings person by the foresaid archbishop of yorke , robert de vere duke of ireland , de la pole , robert trisil●an lord chiefe iustice of england , sir nicholas brambre and other their adherents , who wasted demished and destroyed the goods , treasure and substance of the crowne , oppres●sed the people dayly with importable charges , neglecting the execution of the good lawes and customes of the realme , so that no full right nor justice was done , &c. whereby the king and all his realme were very nigh to have beene wholy undone and destroyed ; for these causes , and the eschewing of such like perills and mischeiefes to the king and realme for time to come , displaced and removed these ill councellors ; and at their request , a new chauncellor , treasurer , and privie seale were ordained in parliament , even such as were held good , sufficient and lawfull to the honour and profit of the king and his rea●me . and by advise and assent o● the lords and commons in parliament in ayde of good governance of the realme , for the due executi us of good lawes , and the reliefe of the kings and his peoples ●tates in time to come , a speciall c●mmission under the great seale of england ( confirm●d by the statute of . r. . c. . ) was granted to both archbishops , the dukes of yorke and glocester ( the kings vncl●s ) th● bishops of worcester and exetor , the abbot of waltham , the earle of arundle , the lord cobham , and others , to be of the kings great & continvall covnsell for one yeare then next following ; to survey and examine with his sayd chauncellor , treasur●r , and keeper ●f the privie ●●ale , as well the estate and government of his house , as of all his courts and places , as of all his realme , and of all his officers and ministers of whatsoever estate as well within the house as without to inquire and take information , of all rents , revenues , profits due to him in any man●er within the realme or without , and of all manner of gifts , gran●s aliena●ions or confirmations made by him of any land , tenements , rents , anuities profi●s , revenues , wards , marriages , ( and infinite other particulars specified in the b act ) and of all kinde of oppressions , offenses and dammages whatsoev●r don● to t●e king or his people ; and them finally to heare and determine . and that no man should councell the king to repeale this commission ( though it tooke no effect ) under paine of forfaiting all his goods and imprisonment during the kings pleasure . no sooner was this parliament dissolved , but this unhappie seduced king , by the instigation and advise of his former ill councellors ; endeavours to nullifie this commission as derogatory to his royall power , and sending for his iudges and councell at law to not●ingham castle , caused them to sub●cribe to sundry articles tending to the totall subversion of parliaments ; causing the duke of gloc●ster and other lords who procured this commission to be indighted of high treason , to which inditements the iudges being over-awed with feare , d set their hands and seales ; for which illegall proceedings destructive to parliaments , by . r. . c. to . these ill pernicious councellours and iudges were attainted and condemned of high treason , put from their offices , their lands confiscated , many of them executed , the residue banished , and above . other knights , gentlemen , and clergie men who mis-councelled the king , imprisoned , condemned and banished the court , as the statutes at large in . & . r. . and our historian● in those yeares more copiously manifest . in . r. . c. . there was this notable law enacted ( which * sir edward cooke affirmes , is worthy to be writ in letters of gold , and worthier to be put in due execution . for the universall wealth of all the realme , it is enacted ; that the chauncellor , treasurer , keeper of the privie seale , steward of the kings house , the kings chamberlaine , clarke of the rolls , the iustices of the one bench and other , barons of the exchequor , and all other that shall be called to ordaine , name , or make iustices of peace ( which whether the lord keeper alone can make or unmake without consent of all these , or put out of commission without just cause and conviction , now commonly practised ; is a considerable question upon this and other statutes : ) sheriffes , escheators , customers , controllers , or any other officer or minister of the king , shall be firmely sworne , that they shall not ordaine , name or make iustices of peace , sheriffe , escheator , customer , controller or other officer or minister of the king , for any gift or brocage , favour or affection ; nor that none which pu●sueth by him , or by other privily or apertly to be in any manner office , shall be put in the same office , or in any other . but that they make all svch officers and ministers of the best & most lawfvll men & svfficient to their estimation and knowledge . which most excellent law ( with t others of like nature ) still in force , were it duly executed , there would not be so many corrupt officers of all these sorts in the kingdome , as now swarme in every place . from which act i shall onely make these . inferences . first , that if so great a care ought to be had in the choyce of these under-officers ; then certainely farre more of the grand officers and iudges of the kingdome . secondly , that if it be no disparagement to the kings honour , or prerogative for these gre●t officers of the realm to ordain , name , and make iustices of peace , sheriffes , and other under officers of the king , wi●hout the kings privitie , as oft times they doe ; then by the same or greater reason , it can be no diminotion of his honour or prerogative royall , for the parliament , ( which is best able to judge of mens abilities and honesties ) to have power onely to nominate or recommend to the king , such as they know to be the best , most lawfull and sufficient men , for the highest state offices and places of iudicature , when they becomevoyd . not to trouble you with any more presidents in this kings raigne , recorded in story ; i shall close them up with one or two more upon record . in the parliament of . r. . * the c●ancellor having declared the causes of summons , and among others , the great st●aights the king was in for want of money ; so that he had at that time nothing in his treasury , but was grea●ly endebted &c. he p●ayed the parliament ●o advise , how , and after what manner he m●ght be relieved , not onely for his owne safety , but for the safetie of them all , and of the r●alme . to which the commons after they were advised of the●r said charge returned this answer to the king in parliament by their ▪ speaker , in name of the whole commons . that the said commons are of opinion , that if their liege soveraigne had beene well and 〈◊〉 governed in his expences , spent 〈◊〉 the realme and elsewhere , he now had had no neede of their aid , by charging the 〈…〉 , whom they imagined to be now more poore and indigent , then ever they were before ▪ wherefore they pray , that the prelates , and other lords of the kings continuall councell , who have a long time travelled in the said affaires , be vtterly discharged , to their great ease , and in disc●arge of the king from their custodies ; and that no such counsellors should be retained about ●he king , in rega●d that our lord the king is now of good discretion , and ●f a goodly stature , having respect to his age , which is now neare the age of his noble grandfather , at the time of his coronation ; who had no other counsellors at the beginning of his raigne , but onely the five accustomed principall officers of his realme . they further pray , that in this parliament these five principall officers may bee elected and chosen out of the most sufficient men within the realme , who may be tractable , and who may best know , and execute their offices ; that is to say , the chancellor , treasurer , keeper of the privie seale , chiefe chamberlaine , and steward of the kings house ; and that these so chosen , ( of whose names and persons the commons will be asc●rtained this parliament ) for their greater comfort and aide to execute the businesse of the king , shall have it therein declared , that they shall not be removed before the next parliament , unl●sse it be by reason of death , sicknesse , or other necessary cause . and they likewise pray for remedy of default ●f the sa●d government , if there be any on that party , that a sufficient and generall commission may be made , the best that may be devised , to certaine prelates , lords , and others , of the most sufficient , lawfull , and wise men of the realme , of england , diligently to survey and examine in all the courts and places of the king , as well within his owne house as elsewhere , the estate of the said house , and al expences and receits whatsoever made by any of the ministers , or any officers of th● realme , and of oth●r his seignori●s and lands , as well on this side , as ●eyond the s● as , from the kings coron●tion till this pr●s●nt ; so th●t if there be a●y default bee found by the said examination in any m●nner , by negligence of officers , or oth●rwise ; ●he said commissioners shall certifie them to our l●r● the king , to have them amended and corrected , to the end● that our lo●d the king may be honourably governed within his realm , as b●longe●h to a king to be governed , and may be able with his owne r●veneues to support the charge of his expences , and to defend the realme on every part , and defray the other charges above named . which petition and commission the king accordingly granted . in the parliament of . r . an. . * ioh● duke of lancaster , by assent of all the estates of parliament , was created duke of aquitaine , for his life , by king richard his nephew ; the words of whose patent ( printed at large in master seldens titles of honour ) runne thus . de assensu praelatorum , ducum mag●●tum & alio●um pro●erum , & communitatis regni nostri angliae , in instanti parliamento nostro apud west monasterium conv●cato existentiu● ; te● praedelectissimum patrium no strumin dvcem aqvitaniae , cum titu●o , stilo , ac nomin● & honore eidem debitis praefi●im●● , ac inde praesentiali er per ●ppositio 〈◊〉 cappae 〈◊〉 capi●i , ac traditionem virgae aureae i●vestimus , &c. toto tempo●e vi●ae tuae possid●ndum &c. giving him power thereby , to coine what gold and silver money he pleased , nobili a●d●●tiam personas ignobiles , senescallos , iudices , capita●cos , consules , 〈…〉 , proc●ratores , recep●ores , & quoscunque officiarios , alios creandi , 〈…〉 & ponendi , in singulis locis ducatus praedicti , & quand● opus erit , inflitutos & 〈…〉 officiarios autedictos amovendi , & loco amotorum alios subrogandi , &c. heere ● 〈…〉 the title , ho●●ur of a duke , and dukedome in france , given by the 〈◊〉 of england , as king of france , by assent and authority of a parliament in 〈…〉 captaines , and all other officers , within that dukedome . in the parliament rolls of . h. . num . . the commons petitioned the king , that for the safety of himselfe , as likewise for the safety of all his realm● , and of his lieges , by advise of his sage covnsell , h●e would ordaine svre ( or trusty ) and svfficient captaines and gardians of his castles and fortresses as well in engla●d as in wales , to prevent all perills . ( the very petition in effect that this parliament tendered to his majestie touching the militia , ) to which the king readily gave this answer , le roy le voet . the king wills it . in the same rol. num. . the commons likewise petitioned ; that the lords spirituall and temporall shall not be received in time to come , for to excuse them ; to say ; that they durst not to doe , nor speake the law , nor what they thought for dovbt of death , or that they are not free of themselves , because they are more bound under paine of treason to keepe their oath , then to feare death or any fo●feiture . to which the king gave this answer . the king holds all his lords and iustices for good , sufficient and loyall ; and that they will not give him other counsell or advise , but such as shall be honest , iust , and profitable for him , and the realme . and if any will complaine of them in speciall , for the time to come , of the contrary ; the king will reforme and amend it . whereupon we finde they did afterwards complaine accordingly , and got new privie counsellors , chosen and approved in parliament , in the th yeare of this kings raigne , as we shall see anone . and in the same parliament , num. . i finde this memorable record to prove the king inferiour to , and not above his laws to alter or infringe them . item , whereas at the request of richard , la●e king of england , in a parliament held at winchester , the commons of the said parliam●nt granted to him , that he should be in as good libertie , as his progenitors before him were ; by which grant the said king woul● say ; that he might turne ( or change ) the lawes at his pleasure , and caused them to be changed against his oath ; as is openly known in divers cases : and now in this present parliament , the commons thereof of their good assent and free will , confid●ng in the nobility , high discretion , and gracious government of the king our lord , have granted to him , that they will he should be in as great royall liberty as his noble progenitors were before him ; whereupon our said lord , of his royall grace , and tender conscience , hath granted in full parliament ; that it is not at all his intent nor will , to change the lawes , statutes , nor good usag●s , nor to to take other advantage by the said graunt ; but for to keepe the ancient lawes and statutes ordained and used in the time of his noble progenitors , and to doe right to all people in mercy and trvth , * according to his oath : which he thus ratified with his royall assent . le roy le voet . by which record it is evident : first , that the kings royall authority , and prerogative is derived to him , and may be enlarged or abridged by the commons , and houses of parliament , as they see just cause . secondly , that king richard the second , and henry the fourth , tooke and received the free use and libertie of their prerogatives , from the grant of the commons in parliament ; and that they were very subject to abuse this free grant of their subjects to their oppression and prejudice . thirdly , that the king by his prerogative when it is most free by his subjects grant in parliament ; hath yet no right nor power by vertue thereof to change or alter any law or statute ; or to doe any thing at all against law , or the subjects rights and priviledges , enjoyed in the raign●● of ancient kings : therefore no power at all to deprive the parliament it selfe , of this their ancient undubitable oft-enjoyed right and priviledge , to elect lord chancellors , treasurers , privie seales , chiefe iustices , privie counsellors , lord lieutenants of counties , captaines of castles and fortresses , sheriffes , and other publike officers , when they see just cause to make use of this their right and interest for their owne and the kingdomes safety , as now they doe ; and have as much reason to doe , as any their predecessors had in any age , when they behold so many papists , malignants up in armes , both in england and ireland , to ruine parliaments , religion , lawes , liberties , and make both them and their posterities meere slaves and vassalls to forraigne and domesticke enemies . in the . yeare of king henry the th . rot. parl. num● . . art c. . the commons in parliament petitioned this king : first , that it would please the king to ordaine and assigne in this parliament , the most valiant , sage , and discretest lords spirituall and temporall , of his realme , to be of his covnsell , in aide and supportation of the good and substantiall government , and for the weale of the king , and of the realme ; and the said lords of the counsell , and the iustices of the king should be openly sworne in that present parliament , to acquit themselves well and loyally in their counsels and actions , for the weale of the king , and of the realme in all points , without doing favour to any maner of person for affection or affinity . and that it would please our lord the king in presence of all the estates in parliament , to command the said lords and iustices upon the faith and allegiance they owe unto him , to doe full iustice and equall right to every one without delay , as well as they may , without ( or notwithstanding ) any command , or charge of any person to the contrary . to which the king gave this answer , le roy le voet h after which the second day of may , the commons came before the king and lords in parliament , and there prayed , to have connusance of the names of the lords which shall be of the kings continuall counsell , to execute the good constitutions and ordinances made that parliament . to which the king answered , that some of the lords he had chosen and nominated to be of his said counsell had excused themselves , for divers reasonable causes , for which he held them well excused ; and as to the other lords , whom hee had ordained to be of his said counsell ; their names were these : mounsier the prince , the bishop of w●nchester , the bishop of duresme , the bishop of bath , the earle of arund●● , the earle of westmerland , and the lord burnell . and here upon the prince in his owne name , and of the other forementioned lords , prayed to be excused , in case they could not finde sufficient to support their necessary charges ; and that notwithstanstanding any charge by them accepted in this parliament , that they may be discharged in the end of the parliament , in case nothing shall be granted to support their foresaid charges . and because the said prince should not be sworne , by reason of the highnesse and excellency of his honourable person , the other lords and officers were sworne , and swore upon the condition aforesaid , to go●erne and acquit themselves in their counsell well and faithfully , according to the tenour of the first article delivered among others by the said commons ; and likewise the iustices of the one bench and other , were sworne , and tooke an oath to keepe the lawes , and doe iustice and equall right , according to the purport of the said first article . i and on the . of may , being the last day of the parliament ; the commons came before the king and the lords , and then the spea●er , in the name of the said commons , prayed the king , to have full conusance of the names of the lords of his counsell ; and because the lords who were named before to be of the said counsell had taken their oathes upon certaine conditions as aforesaid , that the same lords of the counsell should now be newly charged and sworne without condition . and hereupon the prince prayed the king , as well for himself , as for the other lords of the counsell ; that forasmuch as the bishop of durham , and earle of westmorland , who are ordained to be of the same counsell , cannot continually attent therein , as well for divers causes as are very likely to happen in the marches of scotland , as for the enforcement of the said marches , that it would please the king to designe other lords to bee of the same counsell , with the lords before assigned . and hereupon the king in fvll parliament assigned the bishop of saint davids , and the earle of warwicke to be of his said counsell , with the other forenamed lords , and that they should bee charged in like manner as the other lords without any condition . a notable president ; where all the kings privy counsell are nominated and elected by him in full parliament ; and their names particularly declared to the commons before they are sworne , to the end that they might except against them , if there were just cause ; who in their petition and articles to the king , expresse in generall , what persons the king should make choise of for his counsellors , and iudges , and what oathes they should take in parliament before they were admitted to their places . which was as much or more , as this parliament ever desired , and the king may now with as much honour and iustice grant , without any diminution of his prerogative , as this magnanimous , victorious king henry did then , without the least deniall or delay . in the fi●t k yeare of king henry the fift , this king undertaking a warre with france , by advise and consent of his parliament ; as honourable to the king , and profitable to the kingdome ; to●which war they liberally contributed : iohn duke of bedford was in and by that parliament made governovr and regent of the realme , and head of the common-wealth ; which office he should enjoy as long as the king was making warre on the french nation ; the summons of which parliament issued out by this duke in the kings name . see h. . c. . in the patent rolls of . hen. . ● . pars mem . . the king grants to iohn duke of exceter , the office of admirall of england , ireland , and aqultain , which grant is thus subscribed , per breve de privato sigillo ; avctoritate parliamenti ; so that hee enjoyed that office by apointment and authority of the parliament ; which was no set standing office ; nor place of great honour in former ages , when there were many admiralls in england , designed to severall quarters , and those for the most part annuall , or but of short continuance , not for life , as sir henry spelman , shewes at large in his glossarie : title admirallus , to whom i referre the reader , and title heretoc●us ; which heretochs ( elected by the people ) had the command of the militia of the realme , by sea and land ; and this word heretoch in saxon , signifying properly a generall , captaine , or leader ; as you may see there , and in master selden● , titles of honour , pag. . . and sometimes , though more rarely , an earle , count , or nobleman , earlederman , or prince , hengist and horsa being called heretogan , in a saxon annall . in l the . yeare of king henry . ( being but . months old when the crowne descended ) the parliament summoned by his father henry the . ( as walsingham writes ) was continued ; in which by assent of all the states , humfry duke of gloucester , was elected and ordained defnder and protector of england in the absence of his elder brother the duke of bedford ; and all the offices and benefices of the realm were committed to his disposall . in this parliament ( a strange sight never before seen in england ) this infant king , sitting in his queen mothers lap , passed in majestick manner to westminster , and there tooke state among all his lords , before he could tell what english meant , to exercise the place of soveraigne direction in open parliament then assembled , to establish the crowne upon him . in the parliament rolls of the . yeare of this king , i finde many notable passages pertinent to the present theme , of which ( for their rarity ) i shall give you the larger account . numb . . there is a commission in this infant kings name directed to his vncle humfrey duke of gloucester , to summon and hold this parliament in the kings name and stead , and commanding all the members of it , to attend the said duke therein : which commission being first read ; the archbishop of canterbury taking this theame ; the princes of the people are assembled with god ; declares . causes for which this parliament was principally summoned . . for the good governance of the person of the most excellent prince the king. . for the good conservation of the peace , and the due execution and accomplishment of the lawes of the land . . for the good and safe defence of the realme against enemies . . to provide honourable and discreet persons of every estate , for the good governance of the realme , according to iethro his counsell given to moses , &c. which speech ended , numb . . , , , . the receivers of all sorts of petitions to the parliament are designed , and the speaker of the house of commons presented and accepted . numb . . the lords and commons authorize , consent to , and confirme the commission made to the duke in the infant kings name , to summon and hold this parliament , ( so that they authorize and confirme that very power by which they sate : ) with other commissions made under the great seale to iustices , sheriffes , escheators , and other officers , for the necessary execution of iustice. numb . . and . the bishop of durham , late chancellour of england to henry the . deceased ; and the bishop of london chancellour of the dutchy of normandy , severally shew , that upon king henry the . his decease they delivered up their severall seales , after their homage and fealty first made , to king henry . in the presence of divers honourable persons , ( whom they name particularly ) desiring the lords to attest their surrender of the said seales at the time and place specified , which they did ; and thereupon they pray , that a speciall act and entry thereof may be made in the parliament rolls for their indemnity ; which is granted and entred accordingly . numb . . it was enacted and provided by the said lord commissioner , lords and commons ; that in as much as the inheritance of the kingdomes and crownes of france , england , and ireland , were now lawfully descended to the king , which title was not expressed in the inscriptions of the kings seales , whereby great perill might accrue to the king , if the said inscriptions were not reformed according to his title of inheritance , that therfore in all the kings seales , as well in england as in ireland , guyen , and wales , this new stile should be engraven , henricus dei gratia , rex franciae & angliae , & dominus hiberniae , according to the effect of his inheritances ; blotting out of them whatever was before in them superfluous or contrary to the said stile ; and that command should be given to all the keepers of the said seales of the king to reforme them without delay , according to the forme and effect of the new seale aforesaid . numb . , duke humfrey the kings commissary , and the other spirituall and temporall lords being sate in parliament , certaine knights sent by the speaker and whole house of commons came before them , and in the name and behalfe of the said commonalty requested the said duke , that by the advise of the said spirituall and temporall lords , for the good government of the realme of england , he would be pleased to certifie the said commons , to their greater consolation , what persons it would please the king to cause to be ordained for the offices of chancellor and treasure of england , and keeper of his privie seale : vpon which request so made , due consideration being had , and full advise taken ; and the sufficiency of those persons considered , which deceased king henry the kings father now had in his descretion assigned to those offices as fitting enough : the king following his fathers example and advise , by the assent of the said lord duke his commissary , and of all and every one of the lords spirituall and temporall , hath nominated and ordained anew , the reverend father , thomas bishop of durham to the office of his chancellour of england , william kinwolma●sh clerk to the office of treasurer of england , and mr. iohn stafford to the office of the keeper of the privie seale . and hereupon the king our lord willeth by the assent and advise aforesaid , that 〈◊〉 well to the said chancellor of england , as to the said treasurer of england , and to the said keeper of his privie seale for the exercise of the said offices , severall letters patents should be made in this forme : hen●icus dei gratia rex angliae & franciae & dominus h●berniae , omnibus ad quos presentes lite●ae pervenerint 〈◊〉 . sciatis quod de avisamento et assensv totivs consilii nostri in praesenti parliamento nostro existentes , constituimus venerabilem patrem thomam episcopum dunelmensem , cancellarivm nostrum angliae ; dant●s & concedentes de avisamento et assensv praedictis eidem cancellario nostro , omnes & omnimodas auctoritatem & potestatem adomnia ea & fingula quae ad officium cancellarii angliae , de jure sive consuetudine pertinent , seu quovis tempore pertinere consueverunt , &c. the like patents verbatim , are in the same role ( mutatis mutandis ) made to the said treasurer of england and keeper of the privy seale . after which , the said duke , by advice and assent of the lords spirituall and temporall sent the archbishop of canterbury , the bishops of winchester and wor●ester , the duke of excester , the earle of warwicke , the lords of ferrers and talbot , to the commons , then being in the commons house , and notified to the commonalty by the said lords , these officers to be nominated and ordained to the foresaid offices in forme aforesaid . vpon which notice so given the said commons were wel contented with the nomination and ordination of the foresaid officers so made , rendring many thanks for this cause to our lord the king , and all the said lords , as was reported by the said lords in the behalfe of the commons in the said parliament . numb . . the liberties , annuities and offices granted by king henry the . and his ancestors to souldiers in forraigne parts , are confirmed by parliament , and their grants ordered to be sealed with the kings new seales without paying any fine . numb . . henry the . his last will and the legacies therein given , are confirmed by the kings letters patents , with the assent of the lords and commons in parliament . numb . . a subsidy is granted to be imployed for the defence of the realme of england , to which end the lord protectour promiseth it shall be diligently imployed . numb . . and . the king by assent of all the lords spiritual . and temporall , wills and grants , that his deare vncle the duke of gloucester shall have and enjoy the office of the chamberlaine of england , and of the constableship of the castle of gloucester from the death of the kings father , so long as it shall please the king , with all the fees , profits and wages thereunto belonging , in the same manner as they were granted to him by his father . numb . . the . day of this parliament , the tender age of the king being considered , that he could not personally attend in these dayes the defence and protection of his kingdome of england , and the english church ; the same king fully confident of the circumspection and industry of his most deare vncles , john duke of bedford , and humfrey duke of gloucester , by assent and advice of the lords as well spirituall as temporall , and likewise of the commons in this present parliament , hath ordained and constituted his said vncle duke of bedford , now being in forraigne parts protector and defender of his kingdome , and of the church of england , and principall covnsellor of our lord the king ; and that he shall both be and called protector and defendor of the kingdome , and the principall councellor of the king himselfe after he shall come into england , and repaire into the kings presence ; from thenceforth , as long as he shall stay in the kingdome ; and it shall please the king. and further , our lord the king by the fores aid assent and advice , hath ordained and appointed in the absence of his said vncle the duke of bedford , his foresaid vncle the duke of gloucester now being in the realme of england , protector of his said realme and church of england , and principall covnsellor of our said lord the king ; and that the said duke shall be , and be called protector and defendor of the said realm and chvrch of england , and that letters patents of the lord the king shall be made in this forme following : henrious dei gracia , &c. scitatis quod in adeotenera aetate constituti sumus , quod circa protectionem & defensionem regni nostri angliae & ecclesiae anglicanae personaliter attendere non possumus in presenti : nos de circumspectione & industria charissime avunculi nostri johannis ducis bedfordiae , plenam fiduciam reportantes , de assensv et avisamento tam dominorvm qvam de assensv commvnit atis dicti regni angliae in instanti parliamento existentium , ordinavimus & constituimus ipsum avuneulum nostrum , dicti regni nostri angliae & ecclesiae anglicanae protectorem et defensorem , ac consiliarivm nostrvm principalem ; & quod ipse dicti regni nostri angliae & ecclesiae anglicanae protector & defensor , ac principalis consiliarius noster sit , & nominetur , in & juxta vim formam & effectum cujusdam articuli in dicto parliamento die datus pr●sentium habiti et concordati : proviso semper , quod praefatus avunculus noster , nullum habeat aut gerat vigore praesentium potestatem , nec sicut praefatur nominotur , nisi pro tempore quo praesens hic in regno nostro angliae fuerit , & provt in praedicto acto continetvr . quodque carissimus avnculus noster dux glocestriae , nobis in agendis dicti regni negotiis post ipsum avunculnm no strum ducem bedfordiae principalis consiliarivs existat et nominetvr , quotiens & quando praefatum avunculum nostrum ducem bedfordiae infra regnum mostrum angliae mor aricontingat . confidentes insuper ad plenum de circumspectione & industria praedicti avunculi nostri ducis glocestriae de assensv et avisamento praedictis , ordinavimus & constituimus ipsum avunculum nostrum ducem glocestriae , dicto regno nostro , angliae jam praesentem , dicti regni nostri angliae & ecclesiae , anglicanae protectorem et defensorem , necnon consiliarivm nostrvm pricipalem , quociens & quando dictum avunculum nostrum ducem bedfordiae , extra regnum nostrum angliae morari & abesse centingat . et quod ipse avunculus noster dux glocestriae protector & defensor regni nostri angliae , & ecclesiae anglicanae , & principalis consiliarius noster sit et nominetvr ivxta vim formam & effectvm articvli praedicti . proviso semper , quod praefatus avuneulus & dux glocest nullum gerat aut habeat vigore praesentium potestatem , vel ut praefertur nominetur , nisi pro tempore quo praesens hic in regno nostro angliae fuerit in absentia dicti avunculi nostri ducis bedford . & prout in predictio articulo continetur . damus autem universis & singulis archiepiscopis , episcopis , abbatibus , prioribus , ducibus , comitibus , baronibus , militibus , & omnibus aliis fidelibus nostris dicti regni nostri angliae quorum interest , tenore praesentium firmiter in mandatis , quod tam praefato avunculo nostro duci bedford● quociens & quand● protectionem & defensionem hujusmodi sic habuerit & occupaverit , quam praefato avunculo nostro duci glocestriae , quociens & quando ipse consimiles protectionem & defensionem habuerit & occupaverit in premissis faciendis , pareant obediant & intendant prout decet . in cujus reitestimonium &c. which act and commission thus made , and the tenour of them being recited before the said duke of gloster , and spirituall and temporall lords ; the said duke having deliberated thereupon , undertook , at the request of the said lords , the burthen and exercise of his occupation , to the honour of god , and profit of the king and kingdome . protesting notwithstanding , that this his assumption or consent in this part should not any wayes prejudice his foresaid brother , but that his said brother at his pleasure might assume his burthen of this kinde , and deliberate and advise himselfe . numb . . it is ordered by this parliament , what under offices and benifices the lords protectors should conferre , and in what manner . numb . . after the lords and commons in parliament had setled and ordained the protectors in forme aforesaid , at the reqvest of the said commons , there were , by advise and assent of all the lord' 's certaine persons of estate , as well spirituall as temporall , named and elected to counsell and assist the governance ; whose names written in a small scedule , and read openly , were these ; the duke of glocester , the archbishop of canterbury , the bishops of london , winchester , norwich , worcester ; the duke of excester , the earles of march , warwick , marshall , northumberland , westmerland ; the lord fitz-hugh , mr. h●gh crumbwell , mr. walter hungerford , mr. iohn tiptof● , mr. walter beauchamp . numb . . these persons thus named and chosen covnsellors and assistants , after this nomination and election , condiscended to take such assistance to the governme●t in manner and forme contained in a paper scedule written in english , with their names thereto , containing five speciall articles , delivered in parliament by the said persons chosen counsellors assistants , of which scedule this is the tenure . the lords abovesaid , been condiscended to take it upon them , in manner and forme that sueth : first , for as much as execution of law and keeping of peace start much in iustice of peace , sheriffs and escheators , the profits of the king , and revenues of the realme , been yearly encreased , and augmented by customers , controllers , prisers , seachers , and all such other offices ; therefore the same lordswoll and desireth , that such officers , and all other be made , by advise and denomination of the said lords , saved alwayes and reserved to my lords of bedford and of glocester , all that longeth unto them , by a speciall act , made in parliament ; and to the bishop of winchester that hee hath granted him by our soveraigne , lord that last was , and by authority of parliament confirmed . numb . . item , that all manner wards , mariages , farmes , and other casualties that longeth to the crown , when they fall , be letten , sold , and disposed by the said lords of the counsell ; and that indifferently at dearest , without favour , or any manner partiality or fraud . numb . . item , that if any thing should be enact done by counsell , that six o● foure at the least , without officers , of the said counsell bee present ; and in all great matters that shall passe by counsell , that all be present , or else the more party . and if it bee such matter as the king hath be accustomed to be counselled of , that then the said lords proceed not therein without the advice of my ●ord of bedford , or of glocester . numb . . item , for as much as the two chamberlaines of the exchequer bee ordained of old time to controule the receipts and payments in any manner wise maed ; the lordys desireth , that the treasurer of england being for the time , and either of the chamberlaines have a key of that that should come into the recepit , and that they be sworne to fore my lord of glocester , and all the lords of the counsell ; that for no friendship they shall make no man privy , but the lords of the counsell , what the king hath in his treasorie . numb . . item , that the clark of the counsell be charged and sworne to truely enact and write daily the names of all the loras that shall be present from time to time , to see what , how , and by whom any thing passeth . numb . . and after that all the lords aforesaid had read before them the said articles in parliament , and had well considered of them , and fully assented and accorded to them ; the scedule of paper , by certaine of the honorable lords of parliament on behalfe of the king and all the lords in parliament , was sent and delivered to the commons to bee ascertained of their intent : whereupon after the said commons had advised , the said lords repeated in the said parliament , that the commons thanked all the lords , and that they were well contented with all there contained in the said scedule , with this , that to the first of the said articles there should be added one clause of purveiu , which the said lords repeated on the behalfe of the said commons , who delivered it to them in parliament in one parchment scedule written in french , the tenour whereof ensueth . provided alwayes that the lords , and other persons , and officers , which have estate , and authoritie , some of inheritance , some for terme of life , and otherwise , to make and institute , by vertue of their offices , deputy officers , and ministers which appertaine to them to make of right ; and as annexed to them , and to their offices of ancient time accustomed and used ; shall not be restrained nor prejudiced , of that which appertaines to them by colour of this ordinance or appointment . to which parchment scedule , and the contents thereof , read before the lords in parliament , the said lords well agreed and fully consented . numb . . the queen mothers dower formerly agreed , appointed , and sworne to buy all the three estates in parliament in . h. . was now againe , upon her petition , confirmed and setled by this parliament , after her husbands decease . and numb . . pet. . the commons petitioned , that it might then be enacted , that no man nor woman should thenceforth be compelled , nor bound to answer before the counsell or chancery of the king , nor elsewhere , at the suit or complaint of any person for any matter ; for which remedy by way of action was provided by the common law ; and that no privie seale , nor subpoena should issue thence , before a bill were first there exhibited , and also fully allowed by two iudges of the one bench and other , that the complainant for matters and grievances in the said bill could have no action , nor remedy at all by the common law , &c. a good law to prevent the arbitrary proceedings of these courts , which are now too frequent in subverting of the common law . lo here in this parliament , we have a lord protector , chancellor , treasurer , keeper of the privie seale , chamberlaine , privie counsellors , constables of castles , and most other officers of the king elected by parliament ; yea , a commission for calling and holding this parliament , confirmed by this parliament when met ; the kings owne publike feales altered and new made ; a new stile conferred on the king , a kings last will , and a queenes dower , when fallen , confirmed by the parliament , and the privie councell , court of request , and chancery limited by it , without any dimininution of the kings prerogative royall : what injury or disparagement then can it be to his majesties royalties , to have his great officers , counsellers , and judges , thus nominated and regulated in and by parliament at this present ? surely none at all . in the parliament rolls of . h. . num . . i finde a commission granted to john earle of bedford , under the great seale ( which was read in parliament ) to supply the kings place , and power in this parliament , and to doe all that the king himselfe , either might or ought to doe therein ; because the king ( by reason of his minoritie ) could not there personally attend to doe it . numb . . the commons by a petition , lamentably complained of the great discords and divisions betweene certaine great lords , and privie counsellors of the kingdome ; and more especially , betweene the duke of glocester lord protector , and the bishop of winchester lord chanceilor , by which divers inconveniences might happen to the realme , if not speedily accommodated : desiring the duke of bedford , and other lords to accord them ; vpon which the lord tooke a solemne oath to reconcile them , and made an accord betweene them ; which you may read at large in m hall , n holinshed , and o other our historians ▪ and in the parliament rolls , numb , . . on the . day of march , numb . . the bishop of winchester , lord chancellor of england , for certaine causes declared before the lords in parliament , instantly desired to be discharged of his office , which causes they considering of and allowing , he was by the lords discharged from his said office : and the same day in like manner the bishop of bathe , treasurer of england , requested to be freed from his office , which was that day done accordingly . numb . . on the eighteenth day of march , iohn bishop of bathe and wells , late treasurer of england , by vertue of a privie seale directed to him , brought the kings great golden seale , sealed up in a leather bagge , into the parliament , and really delivered it to the earle of bedford , the kings commissary ; who receiving it of the said bishop , caused it to be taken out of the bagge , and to be seene of all , and then to be put into the bagge againe ; who sealing the bagge with his signet , he delivered it to be kept , to the bishop of london , then chancellor of england , by advice and assent of the lords spirituall and temporall , in that parliament . numb . . the king by the advise of the lords spirituall and temporall , and by the assent of the commons in parliament , makes an exchange of lewes de bu●bon , earle of vandosme taken prisoner at the battell of agencourt , for the earle of huntingdon , taken prisoner by the french ; releasing the said earle vandosme of his ransome , and oath . numb . . the duke of bedford , constable of the castle of berwicke , petitioned , that the king , by avthority of parliament ( in regard of his absence from that charge , by reason of his continuall imployments in the kings service in france , and elsewhere ) might license him , to make a lieutenant under him to guard that castle safely : vpon which petition , the lords spirituall and temporall granted him power to make a s●fficient lieutenant , such as the kings counsell should allow of ; so as the said lieutenant should finde such reasonable sureties for the safe keeping of the said castle , as the kings counsell should approve . and in this parliament , p by assent of the three estates of england , richard beauchamp earle of warwicke was ordained to be governour of the young king , in like manner as the noble duke of exceter was before appointed and designed ; to execute which charge he was sent for out of france the yeare following . in the three and thirtieth yeare of this kings reigne * richard duke of york was made protector of the realme , the earle of salisbury was appointed to be chancellor , and had the great seale delivered to him ; and the earle of warwick was elected to the captainship of calice , and the territories of the same , in and by the parliament : by which the rule and regiment of the whole realme consisted onely in the heads , and orders of the duke , and chancellor ; and all the warlike affaires and businesse rested principally in the earle of warwick . from which offices the duke and earle of salisbury being after displaced , by ●mulation , envie and jealousie of the dukes of somerset buckingham and the queene , a bloody civill warre thereupon enfued : after which q anno . h. . this duke , by a solemne award made in parliament between henry the sixth and him , was againe made protector and regent of the kingdom . by the statutes of . h. . c. . . h. . c. . and . h. . c. . it is evident , that the power and right of nominating a protector and regent , during the kings minoritie , belongs to the parliament and kingdome ; which by these acts authorized henry the eighth , by his last will in writing , or commission under hi● seale , to nominate a lord protector , in case he died , during the 〈◊〉 of his heire to the crowne ; and the r duke of somerset was made lord protector of the king and realme , during king edward the sixth his nonage , by parliament ; and not to trouble you with any more examples of this kinde , mr. lambard in his archaion , p. . cowell in his interpreter , title parliament , sir henry spelman in his glossarium , tit . cancellarius ( out of matthew westminster , an. . . ) francis thin , and holinshed , vol. . col . . to . . to . and sir edward cook in his institutes on magna charta , f. , . . . . acknowledge and manifest , that the lord chancellour , treasurer , privy seale , lord chiefe iustice , * privy counsellors , heretochs , sheriffs , with other officers of the kingdome of england , and constables of castles , were usually elected by the parliament , to whom of ancient right their election belonged : who being commonly stiled , lord chancellour , treasurer , and chiefe iustice , &c. of england , not of the king , were of right elected by the representative body of the realme of england , to whom they were accomptable for their misdemeanors . seeing then it is most apparent by the premises , that the parliaments of england have so frequently challenged and enioyed this right and power of electing , nominating , recommending , approving all publike officers of the kingdome in most former ages , when they saw iust cause ; and never denuded themselves wholly of this their interest by any negative act of parliament that can be produced : i humbly conceive , it can be no offence at all in them ( considering our present dangers , and the manifold mischiefes of the kingdome hath of late yeeres sustained by evill counsellors , chancellors , treasurers , ●udges , sheriffs , with other corrupt publike officers ) to make but a modest claime ( by way of petition ) of this their undoubted ancient right , nor any dishonour for his maiesty , nor disparagement to his royall prerogative , to condiscend to their request herein , it being both an honour , and benefit to the king to be furnished with such faithfull counsellors , officers , iudges , who shall cordially promote the publike good , maintaine the lawes , and subiects liberties , and doe equall iustice unto all his people , according to their oathes and duties ; unfaithfull and corrupt officers being dangerous , and dishonourable , as well to the king as kingdom , as all now see and feele by wofull experience . in few words ; if the s chancellors , iudges , and other officers power to nominate three persons to be sheriffe in every county annually ( of which his majesty by law is bound to pricke on , ●lse the election is void , as all the * iudges of england long since resolved ) and their authority to appoint t iustices of the peace , escheators , with other under officers in each shire , be no impeachment at all of the kings prerogative , as none ever reputed it ; or if both houses ancient priviledge , to v make publike bills for the publike weale , without the kings appointment , and when they have voted them for lawes , to tender them to the king for his royall assent , be no diminution to his soveraignty : then by the selfe-same reason , the parliaments nomination , or recommendation of counsellors , state-officers , and iudges , to his maiesty , with a liberty to disallow of them if there be iust cause assigned , can be no encroachment on , nor iniury at all to his maiesties royalties ; it being all one in effect , to recommend new lawes to the king for his royall assent , when there is need , as to nominate meet officers counsellors , iudges , to him , to see these lawes put in due execution when enacted . so that upon the whole matter , the finall result will be ; that the parliaments claime of this their ancient right , is no iust ground at all on his maiesties part , to sever himselfe from his parliament , or to be offended with them , much lesse to raise or continue a bloody warre against them . that the king hath no absolute negative voyce in the passing of bills of common right and iustice , for the publike good . the fourth great objection or complaint of the x king , malignants , royallists against the parliament is ; that they deny the king a negative voyce in parliament ; affirming in y some declarations ; that the king by his coronation oath and duty , is bound to give his royall assent to such publike bills of right and iustice , as both howses have voted necessary for the common wealth , or safety of the realme , and ought not to reject them : which is ( say they ) an absolute deniall of his royall prerogative , not ever questioned or doubted of in former ages . to this i answer first in generall . that in most proceedings and transactions of parliament the king hath no casting , nor absolute negative voyce at all ; as namely in z reversing erronious iudgments given in inferiour courts ; damning illegall pattents , monopolies , impositions , exactions , redressing , removing all publike grievances or particular wrongs complained of ; censuring or judging delinquents of all sorts ; punishing the members of either house for offences against the houses ; declaring what is law in cases of difficulty referred to the parliament ( of which there are a sundry presidents . ) in these , and such like particulars , the king hath no swaying negative voice at all , but the houses may proceed and give iudgement , not only without the kings personall presence or assent ) as the highest court of iustice , but even against his personall negative vote or dissassent , in case he be present , as infinite examples of present and former times experimentally manifest beyond all contradiction . nay , not only the parliament , but kings bench , common pleas , chancery , and every inferior court of iustice whatsoever , hath such a priviledge by the common law and b statutes of the realm , that the king himself hath uo negative voice at all somuch as to stay , or delay for the smalest moment by his great or privy seale any legall proceedings in it , much lesse to countermand , controle , or reverse by word of mouth or proclamation , any resolution or judgement of the iudges given in it : if then the king hath no absolute negative overruling voice in any of his inferiour courts ; doubtlesse he hath none in the supre●mest greatest court of all ▪ the parliament ; which otherwise should be of lesse authority , and in farre worse condition then every petty sessions , or court baron in the kingdome . the sole question then in debate must be ; whether the king hath any absolute negative over-ruling voice in the passing of publike or private bills ? for resolving which doubt , we must thus distinguish : that publike or private bills are of two sorts . first , bills only of meere grace and favour ; not of common right : such are all generall pardons , bills of naturalization , indenization , confirmation , or concession of new franchises , and priviledges to corporations , or private persons , and the like ; in all which the king , no doubt , hath an absolute negative voice to passe or not to passe them ; because they are acts of meere grace ( which delights to be ever free and arbitrary , ) because the king by his oath and duty , is no way obliged to assent thereto ; neither can any subjects of justice or right require them at his hands , it being in the kingsfree power , to dispence his favours freely when and where he pleaseth , and c cōtrary to the very nature of free grace , to be either merited or cōstrained . secōdly bills of common right and justice , which the king by duty and oath is bound to administer to his whole kingdome in generall , and every subiect whatsoever in particular without denyall or delay : such are all bills for the preservation of the publike peace and safety of the kingdome ; the liberties , properties , and priviledges of the subiect : the prevention , removall , or punishment of all publike or private grievances , mischiefes , wrongs , offences , frauds in persons or callings ; the redresse of the defects or inconveniences of the common law ; the advancing or regulating of all sorts of trades ; the speedy or better execution of justice , the reformation of religion , and ecclesiasticall abuses , with sundry other lawes , enacted in every parliament , as occasion and necessity require . in all such bills as these , which the whole state in parliament shall hold expedient or necessary to be passed , i conceive it very cleare , that the king hath no absolute negative voyce at all , but is bound in point of office , duty , oath , law , iustice , conscience , to give his royall assent unto them when they have passed both houses , unlesse he can render such substantiall reasons against the passing of them , as shall satisfie both hou●e● . this being the onely point in controversie , my reasons against the kings absolute over-swaying negative voyce to such kinde of bills as these , are : first , because being bills of common right and iustice to the subiects , the denyall of the royall assent unto them is directly contrary to the law of god , which d commandeth kings to be just , to doe judgement and justice to all their subjects , especially to the oppressed , and not to deny them any just request for their reliefe , protection or wellfare . secondly , because it is point-blanke against the very letter of magna charta ( the ancient fundamentall law of the realme , confirmed in at least . parliaments ) ch . . we shall deny , we shall deferre ( both in the future tense ) to no man ( much lesse to the whole parliament and kingdome , in denying or def●rring to passe such necessary publike bills ) ivstice or right , a law which in terminis takes cleane away the kings p●etended absolute negative voyce to these bills we now dispute of . thirdly , because such a disasse●t●ng voyce to bills of this nature , is inconsisent with the very e office , duty of the king , and the end for which he was instituted : to wit , equall and speedy administration of common right , justice , and assent to all good lawes for protection , safety , ease , and benefit of his subjects . fourthly , because it is repugnant to the very letter and meaning of the kings coronation oath solemnly made to all his subiects ; to grant , fvlfill , and defend all rightfvll lawes which the commons of the realme shall chvse , and to strengthen and maintaine them after his power . which clause of the oath ( as i formerly manifested at large , and the lords and commons in their remonstrance of may . and f nov. . prove most fully ) extends onely , or most principally to the kings royall assent to such new rightfull and necessary lawes as the lords and commons in parliament , ( not the king himselfe ) shall make choise of . this is infallibly evident , not onely by the practise of most of our kings in all former parliaments , ( especially in king edward the , , , . rich. . hen. , ▪ and . reignes ) , whereof the first act commonly in every parliament was , the confirmation of magna charta , the charter of the forest , and all other former unrepealed lawes ; and then follow sundry new act● which the lords and commons made choise of as there was occasion , and our kings assented to , ( confessing they were bound to doe it by their coronation oath and duty , as i shall manifest presently : ) but likewise by the words of the coronation oaths of our ancienter kings , already cited in the first part of this discourse ; and of our kings oaths of latter times : the g coronation oaths of king edward the . and . remaining of record in french , are in the future tense . sire , grantes vous a tenir et garder les leys et les coustumes droitvreles les quiels la commvnante de vostre royaume avreslv , & les defenderer et assorcer●r al honeur de di●u a vostre poare ? respons . ie le ferai , in the future , too . the close roll of an. . r. . m ▪ . recites this clause of the oath which king h rich took in these words ; et etiam de tuendo & custodiendo ivst as leges & consuetudines ecclesiae , ac de faciendo per ipsum dominum regem , eas esse protegendas & ad honorem dei corrobor and as quas vvlgvs ivste et rationabiliter elegerit juxta vires ejusdem domini regis , in the future tense . and rot. parliament , . h. . p. . expresseth the clause in king henry his oath thus : concedis ivstas leges & consuetudines esse tenendas , & promittis per te eas esse protegendas & ad honorem dei corroborandas qv as vvl gvs elegerit secundum vires tuas . respondebit ; concedo & promitto . in the booke of clarencieux hanley , who lived in king henry the . his reig●e , this clause of the oath ( which this king is said to take at his coronation ) is thus ●endred in english : will you grant , fvlfill , defend all rightfvll lawes and customes , the which the commons of yovr realme shall chvse ( in the future , and where but in the parliament house when and where they meet together to make good laws ? ) and shall strengthen and maintain to the worship of god , after your power ▪ the king shall answer , i grant and behe●e . but that which puts this past all doubt , is the coronation oath of k. edward the . thus altered by the lord protectour and kings councell in words , but not sence ; doe you grant to make no new lawes , but such as shall be to the honour and glory of god , and to the good of the common-wealth , and that the same shall bee made by consent of yovr people , as hath been accvstomed ? where this clause of the oath , referres wholly and onely to future new lawes , to be chosen and made by the peoples consent , not to lawes formerly enacted . and certainly it must do s● , else there would be much tautology in this short solemne oath , unsutable to the grave wisdome and judgement of an whole kingdom to prescribe and continue for so many ages , and for our kings in discretion to take : for the first clause of the oath both in the latin , french , and english copie● of ancient and present times , is this , sir will you grant and keep , and by your oath confirme to the people of england ; the lawes and cvstomes granted to them by ancient kings of england , rightfull men , and devout to god ; and namely the lawes and customes , and franchises granted to the clergy and to the people by the glorious king edward , to your power ? which clause relating to all lawes and customes granted by forme● kings to the people ; if this latter clause should be in the pretertense too , hath chosen ( as the king and his mistaken counsell object ) it would be a meer su●plusage , or battology , yea the same insubstance with the first part of the oath , and ou● kings should be onely bound by their oathes to observe their ancestors lawes , not their owne as they now argue , ( the reason perchance why the petition of right , and our other new lawes are so ill observed ) which is ridiculous to imagine . and whereas they obiect , that the word cvstoms joyned to lawes in the last clause , cannot be meant of such customes as the people shall chuse after the oath made , because all customes are , and must be time out of minde . the answer is very easie ; for customes here are not taken strictly for ancient usages time out of minde ; but for statutes , franchises , just liberties , or taxes for the kingdoms defence , chosen & freely granted by the commons or people , and to be confirmed by the king in parliament ; as appears by the first clause of the oath , the laws & customs granted to them by the ancient kings of england . and by i bracton himself , who expounds this clause of the oath to relate to future laws , newly made by our kings after their coronations , in this observable passage . hujusmodi vero leges anglicanae & consvetvdines , regum authoritate jubent quandoque , quandoque vetant , & quandoque vindicant , & puniunt transgressores ; quas quidem cum fverint approbatae consensv vtentivm et sacramento regvm confirmatae , mutari non poterunt nec destrui , sine commvni consensv eorvm omnivm , quorum consilio et consensv fvervnt promvlgatae . now no customes properly so called , can commence by way of grant , especially of the king alone ; but only by the people and common usage for a good space of time ( as the customes of gavelkinde , burrough english , and such like , never granted nor commenced by charter or act of parliament , did ; ) and if the king by charter or act of parliament , should grant a new custome , before it were a custome in this sense , it would be utterly void in law , because there was no such custome then in being , and no gran● or act can make or create a custome or prescription that had no former being . therefore custome in this oath , coupled with just and reasonable , must needs be meant only of such iust and reasonable statutes , liberties , privilidges , immunities , aides , taxes , or services for the subjects ease and benefit , and the publike service , as they upon emergent occasions shall make choice of in parliament ; of whose iustnesse and reasonablenesse not the king alone , but the grand councell of the kingdom ( assembled in the parliament , to this very end , to iudge of , make , and assent to iust and profitable laws ) are and ought to be the proper iudges , as i have elswhere manifested ; and the very words of the oath , qvas vvlgvs eligerit , to which justas leges & consuetudines relates , resolve beyond contradiction . and king david and achish both were of this opinion , chron. . . to . sam. ▪ , , . sam. . . to . and king hezekiah too chron. . . to . . yea god himselfe , and saunel too : sam. . to the end . fifthly , because it is directly contrary to the preambles and recitals of sundry acts of parliament in most of our kings reignes comprising the two last reasons . to instance in some few of many : the ancient statutes of * marlbridge begin thus . the yeare of grace . for the better estate of the realme of england , and for the more speedy ministration of iustice , as belongeth to the office of a king , the more discreet men of the realme being called together , as well of the higher as of the lower estate : it was provided , agreed , and ordained , that whereas the realme of lat● had beene disquieted with manifold troubles and distractions , for reformation whereof statutes and lawes be right necessary , whereby the peace and tranquility of the people may be conserved , wherein the king intending to devise convenient remedy , hath made these acts underwritten . * the statutes of edw. . have this prologue . these be the acts of king edward , &c. at his first parliament generall after his coronation . because our soveraigne lord the king hath great zeal in desire to redresse the state of the realm in such things as reqvired amendment for the common profit of the holy church , and of the realme &c. the king hath ordained and established these acts underwritten , which he intendeth to be necessary and profitable unto the whole realme . and cap. . in the marches of wales , and elsewhere , where the kings writs be not currant , the king which is chiefe and soveraigne lord there , shall doe right there unto such as will complaine . and cap. . * the king hath ordained these things unto the honour of god , and holy church , and for the commonwealth , and for the remedy of such as be grieved ; and for as much as it is great charity ( which is oft times put for iustice , as here ) to doe right vnto all men at all times when need shall be , by assent of all &c. it was provided . the statute of glocester in the . year of king edw. . is thus prefaced . for the great mischiefs and disinherisons that the people of the realme of england have heretofore suffered , throught default of the law that failed in divers cases within the said realm ; our soveraign lord the king for the amendment of the land ; for the reliefe of his people , and to eschew much mischiefs , dammages and dis-inherisons , hath provided established these acts underwritten , willing and commanding that from henceforth they be firmely kept within this realme . the statutes of westminster , . in his . year begin thus : whereas of late our soveraigne lord the king , &c. calling his counsell at glocester , and considering that divers of this realm were disherited , by reason that in many cases , where remedy should have been had , there was none provided by him nor his predecessors , ordained certaine statutes , right necessary and profitable for his realm , whereby the people of england and ireland have obtained more speedy iustice in their oppressions then they had before , and certaine cases ( wherein the law failed ) did remaine undetermined , and some remained to be enacted that were for the reformation of the oppressions of the people ; our soveraigne lord the king in his parliament holden &c. the ) ear of his reign at westm. caused many oppressions of the people , and defaults of the lawes , for the accomplishment of the said statutes of glocest to be rehearsed , and thereupon did provide certaine acts here following . the s●atute of quo warranto , an. . ( the . year of this king , made at glocest. ) hath this exordium . the king himself providing for the wealth of his realm , and the morefull administration of iustice , as to the office of a king belongeth ; the more discreet men of the realm , as well of high as of low degree being called thither , it was provided &c. the sta● . of york e. hath this prologue . forasmuch as people of the realm of england and ireland have heretofore suffered many times great mischiefs , damage and disherison by reason that in divers cases where the law failed , no remedy was purveyed &c. our soveraign lord the king desiring that right be done to his people at his parl. holden at york &c. hath made these acts & statutes here following , the which he willeth to be straitly observed in his said realm . in . ed. . in a parliament held at york . * the commons desired the king in the said parliament by their petition , that for the profit and commodity of his prelates , earls , barons , and commons of his realm , it may please him , withovt fvrther delay , upon the said grievances and outrages to provide remedy : our soveraign l. the k. desiring the profit of his people by the assent of his prelates &c. upon the said things disclosed to him , & found true , to the great hurt of the said prelates &c. and oppression of his commons , hath ordained and established &c. in . e. . stat . . there is this introduction . because our soveraigne lord the king edw. . which soveraignly desireth the maintenance of his peace and safeguard of his people , hath perceived at the complaint of the prelates , earls , barons , and also at the shewing of the knights of the shires , and the commons in their petition put in his parliament &c. divers oppressions and grievances done to his people , &c. coveting to obvent the malice of such felons , and to see a covenable remedy , hath ordained , &c. for the quietnes and peace of his people , that the articles underneath written be kept and maintained in all points . e. . stat . . to the honor of god , &c. the king for peace and quietnesse of his people , as well great as small , doth grant and establish the things underwritten . the like we have in . e. . stat . . and in this kings proclamation for revoking it , there is this passage ; we considering , how by the bond of ovr oath we be bovnd to the observance and defence of the lawes and cvstomes of the realme , &c. so in . e . because that by divers complaints made to us , we perceived that the law of the land which wee by ovr oath be bovnd to maintaine is the lesse well kept , and the execution of the same disturbed many times , &c. we greatly moved of conscience in this matter , and for this cause desiring as much for the pleasure of god and ease and quietnesse of our subjects , as to save ovr conscience and to keepe ovr said oath , by the assent of the great men and other wise men of our counsel , we have ordained these things following . e. c. . that in no wise ye omit the same , as ye love us and the commonwealth of this realme . . e. . stat . . because that statutes made and ordained before this time have not been holden and kept as they ought to be , the king willing to provide quietnesse and common profit of his people , by the assent , &c. hath ordained and established these things under-written . the passage in the statute of provisors , . e. . parliam . . is notable . whereupon the said commons have prayed our soveraigne lord the king , that sith the right of the crowne of england , and the law of the said realme is svch , that upon the mischiefes and dammages which hapneth to his realme , he ovght and is bovnden of the accord of his said people in parliament thereof to make remedy , and the law of voiding the mischiefes and dammages which thereof commeth , that it may please him thereupon to ordain remedie . our soveraigne lord the king seeing the mischiefes and dammages before named , and having regard to the statute made in the time of his grandfather , and to the cause contained in the same ; which statute alwayes holdeth his force , and was never defeated , nor annulled in any point ; and by so much as he is bovnden by his oath to doe the same to be kept as the law of this realme though that by sufferance and negligence it hath been attempted to the contrary ; also having regard to the grievous complaints made to him by his people in divers his parliaments holden heretofore , willing to ordain remedy for the great dammage and mischiefs which have hapned , and daily do happen to the church of england by the said cause ; by assent of the great men and commonalty of the said realm , to the honor of god and profit of the said church of england , and of all his realme , hath ordered and established ▪ &c. . e. : the king for the common profit of him and his people , &c. hath ordained . . e. . to the honour and pleasure of god , and the amendment of the outragious grievances and oppressions done to the people , and in reliefe of their estate , king edward , &c. grant●d for him and his heires for ever these articles underwritten . . r. . to the honour of god and reverence of holy church , for to nourish peace , unity , and concord , in all the parts within our realm of england , which we doe much desire ; we have ordained , &c. . r. . for the honour of god , and of holy church , and for the common profit of the realme of england , our soveraigne lord the king hath ordained , &c. for the quietnesse of his said people , the statutes and ordinances following , &c. cap. . ( with . h. . c. . ) our soveraign lord the king greatly desiring the tranquility and quietnes of his people , willeth and straitly commandeth , that the peace within his realme of england be surely observed & kept , so that all his lawful subjects may from henceforth safely and peaceably goe , come , and dwell after the law and usage of the realme , and that iustice and right be indifferently ministred to every of his said subjects , as well to the poore as to the rich in his courts . . h. . henry by the grace of god , &c. to the honour of god and reverence of holy church for to nourish peace , unity & concord of all parties within the realm of england , and for the reliefe and recovery of the said realm , which now late hath been mischievously put to great ruine , mischief and desolation , of the assent , &c. hath made and established , &c. . h. . c. . for the grievous complaints made to our soveraigne lord the king by his commons of the parliament of the horrible mischiefes and damnable custome which is introduced of new , &c. our soveraign lord the king to the honor of god , as well to eschew the dammage of this realme , as the perils of their soules which are to be advanced to any archbishopricks or bishopricks , &c. hath ordained . divers such recitalls are frequent in most of our statutes in all kings raignes , viz. . e. . c. , , , . . r. . c. . . r. . stat. . . . r. . stat. . . r. . . r. . ( for the common profit of the said realme , and especially for the good and just government and due execution of the common law , it is ordained , &c. ) . r. . prologue & c. . . r. . c. . . r. . . r. . prologue & c. , , . . r. . . r. . . h. . & . c. . . h. . . h. . prologue & c. . . h. . c. . . h. . c. . . h. . prologue . r. . c. . . . . h. . c. , . . h. . c. . but i shall conclude with some more punctuall ones . . e. . stat . c. , . to nourish , love , peace and concord between holy church and the realme and to appease and cease the great hurt and perils & impertable losses and grievances that have been done and happened in times past , and shall happen hereafter , if the thing from henceforth be suffered to passe , &c. for which causes , and dispensing whereof , the ancient lawes , usages , customes , and franchises of the realm , have been , and be greatly appaired , blemished , and confounded , the crown of the king minished , and his person falsly defrauded the treasure and riches of his realme carried away , the inhabitants and subjects of the realme impovirished , troubled , &c. the king at his parliament , &c. having regard to the quietnesse of his people , which he chiefly desireth to sustaine in tranquility and peac● , to governe according to the lawes , vsages , and franchises of this land , as he is bovnd by his oath made at his coronation ; following the wayes of his progenitors , which for their time made certaine good ordinances and provisions against the said grievances , &c. by the assent , &c. hath approved , accepted , and confirmed . &c. . r. . c. . because the king hath perceived , as well by many complaints made to him , as by the perfect knowledge of the thing , &c. the king desiring soveraignly the peace and quietnesse of his realme , and his good lawes and customes of the same , and the rights of his crowne to be maintained and kept in all points ; and the offenders duly to be chastised and punished , as he is sworn at his coronation , by the assent of all the lords &c. hath defended &c. and moreover it is ordained and established &c. r. . rot. parl. num. . & . the commons desiring a grant of new power to iustices of peace , to enquire into extortions ; the bishops conceiving it might extend to them , made their protestation against this new grant ; yet protested , that if it were restrained only to what was law already , they would condiscend to it , but not if it gave any new or further power . the king answers , that notwithstanding their protestation , or any words con●eined therein , he would not forbeare to passe this new grant , and that by his oath at his coronation he was obliged to do it . and h. . c. . we , for as much as by reason of our regality , we be bovnden to the safegvard of ovr realm round about , willing in this behalfe convenient hasty remedy to be adhibite , have assigned , &c. by these , with infinite such like recitalls in our ancient and late statutes in the kings owne proclamations , commissions , yea and in writs of law ( wherein wee find these expressions ; a nos qui singulis de regno nostro in exhibitione ivstitiae svmvs debitores ; plaenam & celerem justitiam exhiberi facias . b nos volentes quoscunque legios nostros in curiis nostris &c. justitiam sibi &c. nullatenus differri . ad justitiam inde reddendam cum omni celeritate procedatis c nos oppressiones , duritias , damna excessus , & gravamina praedictae nolentes relinquere impunita ; volent esque salvationi & qvieti popvli nostri hac parte prospicere vt tenemvr ; eidm celeris justitiae complementum , & debitum & festinum iustitiae complementum fieri facies , d nos huiusmodi praeindicio precavere volentes , prout astringimvr ivramenti vingvlo . quia● iudicia in curia nostra cito reddita in suis roboribus manuteneri volumus & defendi prout ad hoc ivramenti vincvlo astringimvr & tenemvr . &c , it is most apparent , that the kings of england both by their oath , duty , and common right , even in point of justice and conscience , are bound to assent to all publike acts as are really neces●ary for the peace , safety , ease , weale , benefit , prevention of mischiefs and redresse of greivances of all , or any of their subjects , without any tergiversation , or unnecessary delayes , when they are passed and tendered to them by both houses , and that in such acts as these they have no absolute negative voice at all , but ought to give their speedy , free , and full consents thereto , unlesse they can give satisfactory reasons to the contrary . sixthly , all our ancient kings of england , ( as the premises , with all publike usefull statutes enacted in their reigne ▪ evidence ) have alwayes usually given their free and full consents in parliament to such publike acts as these , without deniall or protraction , conceiving they were bound by oath and duty so to doe ; and if they ever denyed their royall assents to any petitions or bills of the lords and commons of this nature , they alwayes gave such good reasons for it as satisfied both howses : witnes their answers to infinite petitions yet extant among the parliament records . therefore the king now is as much obliged thereto as they . seventhly , if the king in point of law , should have an absolute negative voice in denying his assent to publike bills of meere right , and justice ; then he should have power by law to deny justice and right , and to doe wrong and iniustice to his people ; a prerogative which neither god himselfe , nor any lawfull monarch ever yet chalenged ; but renounced with greatest detestation . i read in * plutarch that when a flatterer said to king antigonus , that all things were honest and iust to kings , he answered : only indeed to kings of barbarians , but to us honest things are to be accounted for honest , only just things for just : and that * acrotatus gave the like answer to his parents , when they pressed him to do an uniust thing : quo●iam vult is me optima ag●re , optimū aute●● est cum privato , tum multo etiā magis principiid quod est justum , agam qu●●ultis , quae viro dicitis detrectabo . yea our law expresly denies the king any such uniust prerogative , by these unquestionable maximes : f the king neither can , nor ought by law to do any wrong , seeing he is gods vicar , and the fountaine of iustice. et hocsolum rex non potest facere quod non potest inivste agere : which our g law-books make no defect of power , but one of the highest branches of the kings prerogative : for confirmation whereof , i shal only cite one notable record , . h. . rot. parl. num. . the commons complained , that by the favour of ordinaries , divers incumbents were outed of their benefices by superinstitutions upon presentations of the king , contrary to the statute in that case provided ; and were denied a scire faci●s , without a speciall licence or command of the king first obtained , to the great offence of god , and against reason and law * becavse svch an act cannot be any prerogative at al in ovr lord the king , which is derogative to the execvtion of right and ivstice . wherefore they petitioned the king , that he would be pleased to grant and command the chancellor , to deliver a writ of scire facias to every of his leiges who are outed of their benefices or possessions by the foresaid title of the king , and that thenceforth the chancellors shall be bound to deliver by authority of their offices this writ of scire facias at the sute of the parties : and further , to doe right to the parties , without suing to the king , and without other warrant from him . to which the king gives this answer . the king wills , that the said statute bee firmly held and kepe ; and farther willeth and granteth , that if hee presents to any benefice which shall bee full of any incumbext , that the presentee of the king shall not bee received by the ordinary to such a benefice , untill the king hath recovered his presentment by processe of law in his owne court : and if any presentee of the king bee otherwise received , and the incumbent outed without due processe , as aforesaid , the said incumbent may commence his sute within one yeare after the induction of the kings presentee , or later . and further , the king wills that no ratification granted for the incumbent , after that the king hath presented and taken his sute , shall bee allowed pending the plea , nor after the judgement given for the king ; but that such judgement shall bee fully executed , as reason demands . l●e here the commons and parliament affirme , and the king himselfe subscribes thereto : that the king neither hath , nor yet can have any prerogative at all , which is derogative , or any impediment at all in the execution of right and justice ; and disclaime a negative voyce , or power , in him , in granting a scire facias to particular incumbents , unduly outed of their living by a pretended prerogative power , against reason and law. therefore à fortiori , the king , by his prerogative , neither hath , nor can have any absolute negative voice at all to hinder the passing of publike bills presented to him by both houses , for the due execution of right and iustice , and the weale , peace , or safety of the whole kingdome . that speech of h king zed●kia● to his princes ( though in a bad case ) is an undoubted verity here : behold he is in your hands ; for the king is not he that can doe any thing against you : and likewise of king david to his people : sam. . . . what seemeth to you best i will do . in one word , as it is no impotency in god , but a part of his owne divine prerogative ; i that he cannot possibly ly , k that he cannot deny himself , l that he is immutable and changeth not , that he m cannot do injustice : and as it was the apostles highest priviledge . ●or . . . we can do nothing against the truth , but for the truth . so it is no note of impotency but of highest soveraignty in our kings , that in all bills of publike right and common iustice , they have no negative voice or power at all to withstand or deny their passing ; for then they should have a prerogative to deny common right and iustice , and so to doe publike injustice , which god himselfe ( whose vicegerents they are ) is uncapable of , and never derived to them . i will close this reason with that memorable speech of that great heathen emperour iulius caesar , which he somtimes used at rome in the councell-house ; * touching all other affaires that are to be taken in hand for your sake , i am both your consul , and your dictator ; but as touching any wrong to be done to any man , i am as a private man without office . eighthly , our kings have ever claimed this as an absolute duty from their subjects in parliament , to grant them such speedy , free , and competent ayds , subsidies , customes for the necessary defence of themselves , and the kingdome , and support of their royall estates , as the urgency of their publike warres , and affaires required ; and the subjects ( though they have sometimes denied subsidies to their princes upon reasonable causes , and excuses alleadged by them , expressed in our n historians ) yet have always held it their o bounden duty to grant such ayds in parliament , when ( and sometimes before ) they have been required , and have really done it without refusall , when they saw just cause to grant them ; as all the old and new acts for the grant of customes , subsidies , dismes , quindismes , tonnage and poundage , polemoney , with other such aides in all our kings-reignes , abundantly evidence . therefore the king ( who is as much obliged by oath and duty to aid his subjects , and provide for their common protection , weale , peace , ease , as they are to provide for his , and the kingdomes safety ) is by like reason as much obliged in duty not to deny them such publike acts ; as they are not to deny him such publike aides . ninthly , kingdomes and commonweales were existent before kings , for there must be a kingdome , and society of men to governe ( as p aristotle , q cicero , r polibius , s augustine , t fortescue , and all other polititians accord ) before there could be a king elected by them for to governe them : and those kingdomes and societies of men had ( for the most part ) some common lawes of their owne free choice by which they were governed , before they had kings ; which lawes they u swore their kings to observe before they would crowne or admit them to the government ; and likewise gave them a further oath , to passe and confirme all such subsequent lawes as they should make choice of for their publike benefit and protection ; as is evident by the coronation oaths of all our own ( yea of most other christian , and some pagan kings ) continuing to this very day ; and these words in the kings oath quas vulgus elegerit ( which intimates the choice of lawes to be wholly and fully in the peoples free elections ) prove beyond contradiction : yea those ancient law-givers x solon , 〈◊〉 li●●rgu● , numa , with others , who tooke paines to compile lawes for severall kingdomes and republikes , did only recommend them to the people , whose voluntary a●●ent unto them made them binding ; which lawes they either altered or repealed as they saw cause . besides , during interrognums in sorraigne elective kingdomes , the estates in parliament have power to make new binding lawes , repeale and alter old , as they did in y aragon after sanchius his decease ) before they elected a new king ( whom they swore to observe the lawes then made , before they would admit him ) without any kings assent at all , who yet give their royall assent to lawes made in their reignes : and in our owne and other successive kingdomes during the kings infancy , dotage , absence , the kingdomes and parliaments have an absolute power ( as i have already manifested ) to create regents or lord-protectors● to execute royall authority and give royall assents to publike acts in the kings name and steads , without their actuall personall assents ; which lawes being necessary for the subject , shall be as firme and obligatory to king and kingdome , as those to which they actually assent : yea , if kings chance to die without any heire , the kingdome in such a case may assemble of themselves , and make binding necessary lawes without a king , and alter the very frame of government , by publike consent . therefore the royall assent to just , necessary , publike bills , is in truth but a formall ceremony or complement ( much like a kings coronation ) z without which he may be , and is a lawfull king , ) bestowed by the people upon kings for their greater honour , with this limitation , that they must not deny it when they of right require it to any just or necessary law ; * not simply to make , but declare & confirm a law already made and passed by both houses ( much like a tenants a attornment to the grant of a reversion ) and therefore kings may neither in law , nor conscience deny it when it is necessarily demanded to any just publike bills , unlesse they can shew good reason to the contrary , so farre as to satisfie their people why such lawes should not passe . tenthly , our very lawes in many cases deny the king an absolute negative voice or power , even in matters of prerogative , because they are contrary to his oath , and mischeivous to the republike . this appeares most clearly in matters of pardons , the statutes of e. . c. . e. . c. . r. . c. . r. . c. . enact . that charters of pardon shall not be granted for man slaughters , roberies , fellonies , and other trespasse , but only where the king may doe it by his oath ; ( that is to say , where a man slayeth another in his owne defence , or by misadventure , ) or in case , where he may doe it keeping and saving the oath of his crowne . soe the king b cannot pardon nor release the repairing of a bridge or highway , or any such like publike charges , or any publike nusances or offences against paenall lawes pro bono publico , because it is contrary to the trust and confidence reposed in him for the publike good , because the republike hath an interest herein : and the pardoning of them would be mischeivous for the common good : in like manner the king c cannot deny , delay , nor deferre iustice , nor stay the iudges from doing present right and justice to any of his subjects by his letters under his great or privy seale , because it is contrary to his oath and duty : neither d can he by his absolute prerogative , impose any the least ●axe or imposition on his subjects without their common consent in parliament ; nor e yet authorize any other to kill , beat , wound , imprison any mans person , or take away his goods , without due processe of law ; yea the very lawes and custome of the realme deny the king any absolute negative voice even in the parliament house in reversing erronious iudgments , charters , patents , declaring what is law in difficult cases , or in proceedings and sentences against delinquents , or in any one particular whatsoever which concernes the administration of right or common iustice. therefore by the selfesame reason , the very law denies him any such negative voice in refusing his royall assent to bills of common right and iustice ; and as both houses doe alwayes over-rule the king , not he both houses in the one ; so , by parity and congruity of reason , they ought to oversway him in the other , there being the same reason in both cases , and the one no greater an ●ntrenchment upon his prerogative than the other . eleventhly , this is infallibly proved by the usuall forme of our kings answers to such bills as they assent not to , b le roy so it a visera , the king will bee advised , or take further consideration : which is no absolute deniall , but a craving of longer time to advise upon them , and thereupon to assent to them if he can see no just cause to the contrary , or else to give satisfactory reasons why he cannot assent : which answer were not proper , nor formall , had the king an absolute negative voyce to reiect bills , without rendering a sufficient satisfactory reason of his refusall of them . twelfthly , publike bills for the subiects common good , are formed for the most part , by the lords and commons themselves , who in truth ( as i have elsewhere proved ) are the chiefe law-makers , & who ( as c aristotle defines ) know better what is good and necessary for their own benefit , then the king , their publike minister for their good ; itaque majorum rerum potestas jure populo tribuitur , is aristotles resolution . therefore in passing such bills , there is greater ●eason , that both houses should over-rule the king , then the king them . it is usuall in all inferior counsells of state , law , wa●ie , of the kings own choise , for the counsell to over-rule the king in matters of state , law , warre , unlesse the king can give better reasons against , than they doe for their conclusive advise : and kings in such cases doe usually submit to their counsells determinations , without contradiction : of which we have sundry presidents , not onely in profane , but d sacred story . physicians in points of physick , lawyers of law , divines of divinity , souldiers of warre , pilots of nav●gation , and so all artists in their severall arts , not only instruct , but over-sway their princes , without finall contradiction : this being a known received m●xime in law ; vnicuique in sua arte peritest credendum : and shall not then the grand counsell of the realme in all publike state-affaires , and bills of consequence , mu●h more over-rule the king , then his privie counsell ? especially since in the statutes of . h. . c. . . h. . c. . it is enacted to the end that the king may not be deceived in his grants and gifts , annuall or in fee , or in any offices by him to be made , given , or granted , he wil by the assent of the lords spirituall and temporall , and at the request of the commons be covnselled by the wise men of his covnsel in things tovching the estate of him and his realme ; and that he will make no such gifts nor grants , saving to such persons as the same deserveth , and as best shall seem to the king and his covnsell . and sith it is the desire of all the estates of the realm , that nothing should be so demanded of the king , he wills that all those that make any such demand contrary to this statute , shall be punished by advise of him and his counsell , and that ●ee that maketh such demand , shall never have the thing so demanded . a law now meet to be put in execution . thirteenthly , if the king should have an absolute negative voyce , in refusing such publike bills as are necessary and expedient for the common good and safety of his people , it would rest in the meere power and pleasure of a willfull or misadvised king , seduced by evill counsellours , to deprive the kingdome of the principall use , benefit , and privilidges of parliament , * the making of good and wholsome laws , for the good government of the realm ▪ the removall or prevention of emergent grievances or dangers , and execution of publike iustice on delinquents ▪ to the great perill , preiudice , if not ruine of the realm . and our f annuall or trienniall parliaments should serve then to no other purpose , but to supply the king with subsidies , or keep the wool. sacks & benches from growing mouldy , whilst the lords and commons sate upon them , rather-like so many cyphers without a ●igu●e , then a court of parliament ; if the lawes of the realme were in the kings hand or breast alone , as richard the . sometimes said they were , ( an g article objected against him at his deposing ) contrary to that approved resolution of h aristotle ; whatsoever se●ms good to the major part of the governours of the common-wealth that is established for a law , which holds good in the kingdome of i aragon at this day ; where the king in making publike lawes hath no absolute negative voyce , nor yet in summoning of parliaments , which are constantly held at their set times every yeare or two at furthest , whether the king will or not . fourteenthly , god himself ( the * king of kings and lord of lord ) held this a principall part of his soveraign divine prerogative ; to give his people from heaven ( when they needed and required it ) right iudgments , and lawes of truth , good statutes & commandements for their good and welfare : neh. . . exod. c. . and . and . deut. . . to . and chap. . throughout : neither * doth , will , or can he deny any iust or necessary suite , prayer or petition that his poor servants and creatures ( though but dust and ashes ) ioyntly , or severally put up unto him : but most willingly grants without the least deniall , or unnecessary delay , what ever good and needfull things they require at his hands . and can or dare kings then claim a greater , an higher prerogative over their kingdomes , & subiect● , then god himselfe , the king of kings , doth overh is creatures ? or arrogate to themselves an absolute negative voice , where god himselfe ( whose servants and vicegerents only kings are ) neither hath nor will have any , but utterly disclaimes it ? god forbid , that any such arrogant thought should ever enter into the hearts of any christian kings , who being in truth but servants to , not absolute lords over their kingdomes , in whom the soveraign legislative power and authority resides , must , and ought by the lawes of god and man , rather condescend to their parliaments and kingdomes iust requests , in assenting to necessary wholsome iust lawes , * then their parliaments and kingdomes quietly submit to their uniust disassents unto them to the publike preiudice , as is cleare by . sam. . . to the end . act. . . finally , our ancestors were so farre from beleeving , that our kings havean absolute negative voyce , in such bills as these , that they have not only constrained our kings by threates , yea force of armes , to summon and continue parliaments , but likewise compelled them to give their royall assents to magna charta , charta de foresta , confirmatio chartarum , articuli super chartas , with sundry other publike statutes of right and iustice for the common good and subiects safety , and to ratifie them with their hands , seales oaths , proclamations , the bishops solemne excommunications , yea and the popes leaden bulls , against their will and liking , as i have plentifully manifested in the former part : which forced assents have beene held good in law , to binde these kings and their successors , with this distinction , where the lawes to which this assent was forced are convenient , necessary , or essentiall for the kingdomes welfare , the subiects iust liberty , and such as the king by duty and oath is bound to assent to : there , if they compell the king to give his assent in case of wilfull deniall the assent is binding , and shall not be avoided by duresse , because the king doth no more then he is obliged by law , oath , and duty to condiscend to : upon which ground , a l tenant inforced to attorne to a grant of a reversion by imprisonment , upon a quid juris clamat , shall never avoid this attornm●nt by duresse ; nor an k obligation made by one taken in execution for payment of a just debt ; nor the just judgment of a iudge given by menaces , shall not be avoyded : this is cleere by magna charta , and other lawes gotten at first by m duresse and menaces from our kings , and yet firme and binding when even thus assented to , because just and necessary ; as king henry . an ▪ . confessed ; n who when the barons demanded of him the confirmation of the great charter , and their liberties according to his oath upon the conclusion of the peace with lewis ; william brewer , one of the kings counsell answering , that the liberties they demanded must not be observed , because they were violently extorted , and words hereupon growing between the barons and him , and the arch-bishop of canterbury kindling at it ; the young king prudently closed up the whole strife with this speech ; all of us have sworne to these ●iberties , and that which we have sworne , all of us are bound to observe . but where the acts to which the assent is gained , are unjust or illegall , such to which the king was not bound by oath or duty to consent , but meerely out of necessity to avoid imminent danger of death , or other mischiefe , and where the whole parliament was enforced as well as the king ; there the acts may be avoided by duresse , as is evident by the statutes of . and . of r. . c. . by the statute of h. . c. , ( which makes voyd all the petitions granted by this king in a former parliament the . of his reigne , and all indictments made by duresse , through the rebellion , tyranny , and menaces of iack cade and his rebellious rout of traytors ) and by . h. . c. . . e. . stat . . and . e. . c. . yet these enforced unjust bills , being publike acts , done in a legall forme , are not meerly void , but good in law till they be repealed , and nullified by a subsequent parliament ; ( as is evident by the next forecited statutes ; ) even as a o marriage , bond , or deed made by duresse or menace , are good in law , and not meerly void , but voidable only upon a plea and tryall . and if subsequent parliaments refuse to repeal these forced laws , and to declare the royall assent thereto by coertion , void or illegall , the king cannot avoid them by duresse ( because his royall assent is a judiciall act in open parliament , which his oath and duty obliged him to give , and the lawes are rather the parliaments act which was not forced , then his owne , ) but they remaine in full vigour as if he had freely assented to them ; which is most evident by the statutes made in . and . r. . which though extorted from the king by duresse , against the will and liberty of the king , and right of his crowne , as is pretended and declared in the statute of . r. . c. . yet they continued in full strength for ten yeares space or more , ( during which time there were no lesse then . parliaments held under this king ) because these parliaments refused to reverse them upon this pretext of duresse ; and the parliament of h. , c , , , . received and confirmed them . from all which premises , i humbly conceive , i may infallibly conclude , that the king in passing the fore-mentioned kinde of bills , of common right and iustice for the kingdomes , and the subjects weale and safety , hath no absolute negative voyee , but must and ought of common right and iustice , by vertue of his royalloath and duty , to give his ready and free assent unto them without any tergiversati●n . and so the parliament in their declarations to this purpose , hath no wayes invaded nor injured his majesties just prerogative royall in this particular . nor yet those members in it eclipsed his royall grace , who have upon occasion given affirmed , the petition of right , the bills for trieniall parliaments ( which before by law were to be annuall at least ; ) the continuance of this parliament without adjournment , for the kingdomes necessary preservation ; the acts against shipmoney , forest-bounds &c. ( illegall new invented grievances , and oppressions not heard of in former kings reigns ) and the statutes for the suppression of the star-chamber , high commission , knighthood , and bishops votes , ( lately growen intollerable grivances and mischeifes to the realme ; especially since his majesties reigne ; ) to bee no acts of * most transcendent grace , such as never any prince before vouchsafed to his people , as they are daily cried up in presse and pulpet ; but bills of meere common right and iustice , which the king by his royall office , oath , duty , in law and conscience ought to assent unto , and could not without apparent injustice deny to passe , when both houses urged him thereunto ; the rather because the unhappy fractions of all parliaments , and grievances of these natures under his majesties own reign and government , occasioned by his evill councellers , were the sole grounds and just occasions of enacting these necessary laws for the subjects future security ; if the sword now drawen to suppresse the parliament , and cut these gordians ( or rather cobwebs , as diogenes once termed laws ) a sunder , deprive them not of their benefit , before they scarce enjoy it . i should now here proceed , to manifest the parliaments taking up of defensive armes against his majesties malignant army of professed papists , delinquents , and pillaging murthering cavaleers , ( whose grand designe is onely to set up popery and an absolute tyrannical government over our consciences , bodies , estates ) in defense of their own persons , priviledges , the subjects laws , liberties , properties , and our protestant established religion ( devoted by papists to eternall ruine , as we have cause to feare ) to be just , lawfull , and no treason nor rebellion at all against the king , neither in point of law nor conscience ; and that the parliaments assessing of men towards the maintenance of this necessary defensive warre , by an ordinance of both houses onely without the kings assent , ( now wilfully absent from , and in armes against his parliament and people ) with their distraining and imprisoning of such as refuse to pay it ; and their confinement and securing of dangerous malignants , to be justifiable by law and ancient presidents ; with other particulars , not yet so fully discussed by any , as is desired . but this part being already growne somewhat large , and having lingred much longer at the presse then i expected ; i have thought it more convenient , to reserve the remainder for a future treatise by it selfe , then to hinder the state of the present benefit , which it may receive by this , through gods blessing , ere the other can ●ee compleated ; which i hope will fully un-blindfold the hood-winkt world , and either satisfie the consciences , or stop the mouthes of all who are not wilfully malicious against the truth and parliaments proceedings ; and the soveraigne power of parliaments and kingdoms , over their kings themselves ; which i shall more copiously manifest in the appendix . finis partis secunda . the third part of the soveraigne power of parliaments and kingdomes . wherein the parliaments present necessary defensive warre against the kings offensive malignant , popish forces ; and subjects taking up defensive armes against their soveraignes , and their armies in some cases , is copiously manifested , to be iust , lawfull , both in point of law and conscience ; and neither treason nor rebellion in either ; by inpregnable reasons and authorities of all kindes . together with a satisfactory answer to all objections , from law , scripture , fathers , reason , hitherto alledged by dr. ferne , or any other late opposite pamphleters , whose grosse mistakes in true stating of the present controversie , in sundry points of divinity , antiquity , history , with their absurd irrationall logicke and theologie , are here more fully discovered , refuted , than hitherto they have been by any : besides other particulars of great concernment . by william prynne , utter-barrester , of lincolnes inne . sam. . . be of good courage , and let us play the men for our people , and for the city of our god , and the lord doe what seemeth him good . esther . , . , . in the day that the enemies of the iewes hoped to have power over them , the iewes gathered themselves together into their cities , throughout all the provinces of king ahashuerus , to lay hand on those that sought their lives , and no man could withstand them ; for the feare of them fell upon all people . thus the iewes smote all their enemies with the stroke of the sword , and slaughter and destruction ; and did what they would with those that hated them ; but on the spoile laid they not their hand . it is this eighth day of may , . ordered by the committee of the house of commons in parliament for printing , that this booke , intituled , the third part of the soveraign power of parliaments and kingdomes , be printed by michael sparke , senior . iohn white . printed at london for michael sparke , senior . . to his ever-honovred , noble , kinde friends , the right honourable lord ferdinando fairfax , the right worshipfull , sir william waller , and sir william bruerton , knights , commanders in chiefe , of the parliaments forces , in severall counties . deservedly renowned worthies , yovr incomparable valour , zeale , activity , industry for the preservation of your dearest country , religion , lawes , liberties , and the very being of parliaments , all now endangered by an unnaturall generation of popish and malignant vipers , lately risen up in armes against them in diverse parts of this realme ; and those many miraculous victories with which god hath beene lately pleased to crowne your cordiall endeavours , to promote his glory and the publicke safety , as they have justly demerited some gratefull generall acknowledgements from the whole representative body of the state ; so they may in some sort challenge a private gratulatory retribution from me , who have formerly had the happinesse to participate in your christian affections , and now reape much consolation by your heroick actions . having therefore seasonably finished this third part , of the soveraigne power of parliaments and kingdoms ; copiously vindicating , the lawfulnesse , iustnesse of the parliaments present necessary defensive warre ( in which you have had the honour to be imployed , not onely as chiefe , but which is more , as most successefull commanders , in your severall countries , ) in point both of law and conscience ; and fully wiping off those blacke aspersions , of treason and rebellion , which the opposite party ( really guilty of these crimes against both king and kingdome , as i have * elsewhere manifested , and here lightly touched ) have out of malice , ignorance , or both conjoyned , most injuriously cast upon your loyall , honourable proceedings , which rejoyce the soules of all true philopa●ers , who cordially affect their country or religion ; i could not , without much ingratitude , yea injustice , have published it to the world , but under the patronage of your ever-honored res●lendent names , who have so valorously , so successefully pleaded this cause already in the field , that it needs the lesse assistance from the presse . my many inevitable interruptions and straites of time in its contexture , which may happily detract something from its perfection ; shall i hope , derogate nothing from your honourable , friendly acceptation ; whom i have thus conjoyned in the dedication ; because the parliament hath united you in their present warlike employments , and god himselfe joyntly honoured you with successe , even to admiration among the good , indignation amidst malignants , envy with the malicious , and , i trust , to an active sedulous em●lation in all your fellow commanders , imployed in other quarters in the selfesame cause . your present busie publike , and mine owne private imployments , prohibite me to expatiate ; wherefore earnestly beseeching the glorious lord of hosts to be ever mightily present with your severall noble persons , forces , and to make you alwayes eminently , active , valorous , victorious , as hitherto he hath done , till peace and truth , tranquillity and piety , by your severall triumphant proceedings , shall once more lovingly embrace and kisse each other in our divided unreformed , sinfull kingdome ; and till the effect of these just warres you manage , shall be quietnesse and assurance to us and our posterities after us for ever ; i humbly recommend your persons , proceedings to his protection who can secure you in and from all dangers of warre , and rest , your honours , worships most affectionate friend and servant , william prynne . to the reader . christian reader , i who have beene alwayes hitherto a cordiall desirer , endeavourer of peace , am here necessitated to present thee with a discourse of warre ; to justifie the lawfulnesse of the parliaments present taking up of necessary defensive armes . which neither their ende●vours , nor my , with many others prayers could ( with any safety to our priviledges , persons , religion , liberty , realmes , now forcibly invaded by his majesties popish and malignant cavallieres ) hitherto prevent , or conjure downe . to plead the justnesse of a warre , of an unnaturall civill warre , ( the worst of any ) of a warre betweene the head and members , may seeme not onely a paradox , but a prodigie , in a land heretofore blessed with an aged , uninterrupted peace : and a lucans bella per aemathios plusquam civilia campos , &c. ( now most unhappily revived among us ) being but historicall , and poeticall ; may passe the world with lesse admiration and censure , than this harsh peece , which is both legally & theol●gically ( like the subject matter ) polemicall . but as the b ayme , the end of all just war , is and ought to be onely future setled peace ; so is the whole drift of this military dissertation : not to foment or protract , but end our bloody warrs ; which nothing hath more excited , animated , lengthened in the adverse party , than a strong conceite , ( if not serious beliefe , ) that the parliaments forces , neither would , nor lawfully might in point of law or conscience forcibly resist or repulse their invasive armes , without danger of high treason and rebellion , ( which bug-beare i have here refuted , removed ) and the in-activity , the much admired slownesse of many of our forces , in resisting , in preventing their vigorous proceedings , which a little timely vigilance and diligence had easily controlled . it is a more than c barbarous inhumanity for any person , not to put to his uttermost strength , speedily to close up the mortall wounds of his bleeding , dying native country ; but to protract its cure , to enlarge , encrease its deadly ulcers , stabs , sores , and make a lasting trade of warre , out of a sordid , d sinfull desire of gaine , of plunder , to raise a private fortune by the republicks ruines , ( a sinne , of which some perchance are guilty ) is an unparalleld , most unnaturall prodigious impiety . it was thought a great dishonour heretofore , for men of honour and estates , not to serve and defend their country gratis , as our own e lawbooks & histories plentifully manifest : and shall such persons now turne sordid mercenaries ; stirre neither hand nor foot without their pay ; and be more diligent to get their wages , than discharge their service ? god forbid . it is f recorded of the children of gad and reuben , after they had recovered their inheritance on this side iordan , that they went all up armed before the lord over iordan , at their owne free cost , untill they had driven out all the enemies in it before them , subdued the land , and setled their brethren of the other tribes peaceably in it . and shall not englishmen of estates doe the like for their brethren now , in these times of need , when money ( the sinewes of warre ) is almost quite shrunke up , by reason of former disbursements and want of trade ? we read , g that the very heathen kings of canaan when they came and fought in taanach by the waters of megiddo , against the israelites , they tooke no gaine of money , for their paines : such was their noble generosity , which deborah registers in her song for their eternall glory . and we heare of divers lords and gentlemen in the kings army , which serve against their country gratis ; yea furnish out sundry horse and foote , of their proper cost ; of few or none such there who receive any pay. and shall these be more free , generous , active in serving , fighting against god , religion , lawes , liberties , parliament and their country ; than those of like ranke and quality on the parliaments party are in warring for them ? o h let not such an ignoble , unchristian report be ever once justly told in gath , or published in the streets of askelon , lest the daughters of the philistines rejoyce , lest the sonnes and daughters of the uncircumcised triumph . i know there are some heroicke worthies in the parliaments armies , of whom i may truely sing with deborah , i my heart is toward the governours of israel , that offered themselves willingly among the people ; and who like zebulon and nepthali , have freely jeoparded their lives unto the death , in the high places of the field . blessed be their endeavours , and their names for ever honourable : i shall now onely wish that others would imitate their laudable examples , that so our long-lingring warres , may be speedily and happily determined in a blessed , pure , pious , secure , honourable , lasting peace . they are tormentors , not chirurgions , executioners , not true souldiers , who desire , endeavour not speedily to close up and heale their dearest countries bleeding , festring wounds ; for which i have prepared this treatise , as a soveraigne balme , to incarne and cicatrize them , not ulcerate , or inflame them . it was the prophets patheticke expostulation , k the harvest is past , the summer is ended , and we are not healed : is there no balme in gilead ? is there no physitian there ? why then is not the health of the daughter of my people recovered ? it may be englands and irelands expostulation now : the lord put it into the hearts of our great physitians ( the king , parliament , and grandees of both armies ) that they may now at last with bleeding , melting hearts and spirits , speedily poure forth such effectuall healing balmes into these two dying kingdomes deadly wounds , as may effectually cure and restore them to more perfect health and vigor than they ever formerly enjoyed , that so they may lose nothing but their putrid blood , their proud dead flesh , their filthy sanies and corrupt humours , by their unnaturall stabs already received : towards the advancement of which much desired cure , if these my undigested rude collections ( interrupted with sundry inevitable interloping distractions , which may justly excuse their many defects ) may adde any contribution , or satisfie any seduced , or scrupulous consciences touching this present warre ; i shall deeme my labours highly recompensed ; and so recommending them to gods blessing , and thy charitable acceptation , i shall detaine thee with no further prologue . farewell . the soveraigne power of parliaments & kingdomes : proving st . that the parliaments present necessary defensive warre , is iust and lawfull both in point of law and conscience , and no treason nor rebellion . having in the two former parts of this discourse dissipated foure chiefe complaints against the parliaments proceedings ; i come now in order ( in point of time and sequell ) to the th grand objection of the king , royalists , and papists against the parliament . to wit : * that they have traiterously taken up armes , and levied warre against the king himselfe in his kingdome ; and would have taken away his life at keinton battell , which is no lesse than rebellion and high treason , by the statute of . e. . c. . with other obsolete acts ; and by the common law. which objection , though last in time , is yet of greatest weight and difficulty , now most cryed up and insisted on , of all the rest , in many of his majesties late proclamations , declarations , and in anti-parliamentary pamphlets . to give a punctuall answere to this capitall complaint , not out of any desire to foment , but cease this most unnaturall bloody warre , which threatens utter desolation to us if proceeded in , or not determined with a just , honourable , secure , lasting peace ; now lately rejected by his majesties party . i say , first , that it is apparent to all the world , who are not willfully or maliciously blinded ; that this majesty first began this warre , not onely by his endeavors to bring up the northerne army to force the parliament , confessed by the flight , l●tters , examinations of those who were chiefe actors in it ; but by raising sundry forces under colour of a guard before the parliament levied any . secondly , that the a parliament in raising their forces had no intention at all to offer the least violence to his majesties person , crowne , dignity , nor to draw any english blood ; but onely to defend themselves and the kingdome against his majesties malignant invasive plundring forces , to rescue his majestie out of the hands , the power of those ill councellers and malignants who withdrew him from his parliament , to bring him backe with honour , peace , safety , to his great councell ; ( their generall and army marching with a petition to this purpose , ) and to bring those delinquents to condigne punishment who most contemptuously deserted the houses , contrary to order , law , the priviledges of parliament , their owne protestation taken in both houses , sheltring themselves , under the power of his majesties presence and forces , from the justice of the houses , and apprehension of their officers , contrary to all presidents in former ages , in high affront of the priviledges , honour , power of the parliament , and * fundamentall knowne lawe of the realme : since which time , his majestie having ( contrary to his former proclamations and frequent printed solemne declarations ) entertained , not onely divers irish popish rebels , but likewise english and outlandish papists in his army , and given commissions to sundry * arch-popish recusants , to a●me themselves , and raise forces against the parliament , and kingdom , now in the field in all the northerne parts , wales , and other places , ( and that under the popes owne consecrated banner as many report ) in defiance of our protestant religion , ( designed by the popish party both at home and abroad , to no lesse then utter extirpation in england , as well as in ireland , if not in scotland too , ( as some of them openly professe ; ) the parliament are hereupon necessitated to augment and recrute their forces ; as for the precedent ends at first , so now more especially , for the necessary defence of the protestant religion established among us by law ; against which they ( and all others who are not wilfully blinded ) visibly discerne a most apparant desperate conspiracie ; which though not cleerely perceived , but onely justly suspected at first , doth now appeare ( all circumstances and agents considered ) to be the very embrio and primitive cause of this deplorable warre ; ag●inst which the parliament and subjects are now more necessitated and engaged to defend themselves then ever , seeing they have by all possible meanes endeavored to prevent this warre at first , and since to accommodate it , though in vaine , upon just , reasonable , and honorable safe termes for king and kingdome . the sole question then in this case thus truely stated will be . whether his majestie , having contrary to his oath , duty , the fundamentall laws of god and the realme , raised an armie of malignants , papists , forraigners ; against his parliament , kingdome , people , to make an offensive warre upon them , to murther , rob , spoyle , deprive them of their peace , liberties , properties , estates ; to impose unlawfull taxes by force upon them ; protect delinquents and evill councellors against the parliaments iustice , and violently to undermine our established protestant religion ; the common-wealth of england legally assembled in parliament ; and all subjects in such cases , by command and direction from both houses of parliament , may not lawfully and justly without any treason or rebellion , in point of law and conscience , take up defensive armes to preserve the priviledges of parliament , their lawes , lives , liberties , estates , properties , religion , to bring delinquents and ill councellours to condigne punishment , and rescue his seduced majestie out of their hands and power , though he be personally present with them , to assist and countenance them in this unnaturall destructive warre ? and under correction ( notwithstanding any thing i ever yet heard or read to the contrary ) i conceive affirmatively , that they may justly do it , both in point of law and conscience . i shall begin with law , because in this unhappie controversie , it must direct the conscience . first , i have b already proved in judgement of law , the parliament and kingdome assembled in it , to be the soveraigne power , and of greater authority then the king , who is but their publike minister in point of civill iustice , and generall in matters of warre , as the roman kings and emperours were , and other forraigne kings of old and at this day are . the parliament then being the highest power , and having principall right and authority to denounce , conclude and proclaime warre , ( as i have manifested in the debate of the militia , ) may not onely lawfully resist , but oppugne , suppresse all forces raised against it , and the kingdomes peace or welfare . secondly , the principall end of the kingdomes , originall erecting parliaments , and investing them with supreame power at first , was , to defend not onely with good lawes and councell , but when absolute necessitie requires ( as now it doth , ) with open force of armes ; the subjects liberties , persons , estates , religion , lawes , lives , rights , from the encroachments and violence of their kings , and to keepe kings within due bounds of law and iustice ; the end of instituting the c senate and ephori among the lacaedemonians , the senate and dictators among the romans , the d f●rum suprarbiense , and iustitia aragoniae among the aragonians ; of parliaments , dietts , and assemblies of the estates in other forraigne kingdomes , and in scotland , as i shall prove at large in its e proper place . this is cleare by the proceedings of all our parliaments in former ages ; especially in king iohns , henry the third , edward the . . . and richard the seconds raignes ; by the latter parliaments in king iames his raigne , yea of . caroli , the last dissolved parliament , and this now sitting , whose principall care and imployment hath beene to vindicate the subjects liberties , properties , lawes , and religion , from all illegall encroachments on them by the crown and its ill instruments : by the f forecited resolutions of bracton , fleta , the myrror of iustices , vowell , holinshed , the councell of basill , and others , that the parliament ought to restraine and bridle the king when he casts off the bridle of the law , and invades the subjects liberties , especially with open force of armes in an hostile manner : and by the constant practise of our ancestors and the barons warres , in maintenance of magna charta , with other good lawes and priviledges , confirmed by parliament . if then the parliament be intrusted by the kingdome with this superlative power , thus to protect the subjects liberties , properties , lawes , persons , religion , &c. against the kings invasions on them by policie or violence : they should both betray their trust , yea the whole kingdome too , if they should not with open force of armes , ( when policy , councell , and petitions will not doe it ) defend their owne and the subjects liberties , persons , priviledges , &c. against his majesties offensive armies which invade them , intending to make the whole kingdome a present booty to their insaciable rapine , and a future vassall to his majesties absolute arbitrary power , by way of conquest . i reade in g bodin that the roman senate being no way able to restraine caesar , tooke their refuge to that ancient decree of the senate , which was commonly made but in dangerous times of the common-weale , videant consules & caeteri magistratus ne quid detrimenti c●piat respublica : let the consulls and other majestrates foresee that the common-weale take no harme . with which decree of the senate , the consulls being armed , sodainely raised their power , commanding pompey to take up armes and raise an army against caesar to oppose his violent proceedings by force who after his conquest of pompey refusing to rise up to the consulls , pretors , and whole senate , out of his pride , through his ill councellors advise , and talking with them , as if they had beene but private men , he so farre offended both the senate and people , that to free the republicke from his tyranny , and preserve their hereditary liberties , they conspired his death , and soone after murthered him in the senate-house , where they gave him no lesse than . wounds . and h hieronimus blanca assures us , that the suprariense forum , iustitia aragoniae , or states of arag●n , ( erected to withstand the tyrannie and encroachments of their kings ) may by the laws of their realme assemble together , and resist their king with force of armes , as oft as there shall bee neede to repulse his , or his officers violence against the lawes ; for when they erected this court , they said , it would be little worth to have good lawes enacted , and a middle court of iustice betweene the king and people appointed , if it might not be lawfull to take up armes for their defence when it was needfull ; ( being agreeable to the very law of nature and reason ; ) because then it will not be sufficient to fight with counsell : for if this were not so , and the state and subjects in such cases might not lawfully take up armes , all things had long ere this been in the power of kings . therefore , no doubt , our parliament and state , as well as others , may by the very law of nature , and fundamentall institution of parliaments , now justly take up defensive armes to preserve their liberties , lawes , lives , estates , religion , from vassallage and ruine . thirdly , our owne parliaments , prelates , nobles , and commons in all ages ( especially in times of popery ) as well in parliament , as out , have by open force of armes resisted , suppressed the oppressions , rapines , vnjust violence , and armies of their princes raised against them ; yea , incountred their kings in open battells , taken their persons prisoners , and sometimes expelled , nay deposed them their royall authority , when they became incorrigible open professed enemies to their kingdomes , their subjects , seeking the ruine , slavery , and desolation of those , whom by office , duty , oath , and common iustice , they were bound inviolably to protect in liberty and peace , as the * premised histories of achigallo , emerian , vortigern , segebert , osred , ethelr●d , bernard , edwin , ceolwulfe , king iohn , henry the d. edward . and . richard the , henry the th . ( our british , saxon , english kings , ) and other examples common in our owne annalls , plentifully manifest . neither are their examples singular , but all kingdomes generally throughout the world in all ages have done the like , when their kings degenerated into tyrants , of which there are i infinite precedens in history : which actions all ages , all kingdomes have alwaies reputed lawfull both in point of policy , law , religion , as warranted by the very lawes of nature , reason , state , nations , god ; which instruct , not onely particular persons , but whole cities and kingdomes for their owne necessary defence , preservation , the supportation of humane societie and libertie , to protect themselves against all unlawfull violence and tyranny , even of their kings themselves , or their ministers , to whom neither the lawes of god , nature , man , nor any civill nation , ever yet gave the least authority to murther , spoile , oppresse , enslave their subjects , or deprive them of their lawfull liberties or estates ; which resistance were it unlawfull or unjust ( as many ignorant royallists and parasites now ●each ) some few oppressing tyrannizing wilfull princes , might without the least resistance , ruine , murther , enslave the whole world of men ; overthrow all setled formes of civill government , extirpate christian religion , and destroy all humane society at their pleasures ; all which had beene effected , yea , all states and kingdomes totally subverted long agoe , by ambitious tyrannizing lawlesse princes , had not this lawfull , naturall , hereditary power of resisting and opposing their illegall violence ( inherent in their parliaments , states , kingdomes ) restrained and suppressed their exorbitances of this kinde . now that this necessary defensive opposition and resistance against open regall hostile violence , which hath beene ever held lawfull , and frequently practised in all kingdomes , all ages heretofore , as just and necessary ; should become sodenly unlawfull to our parliament , and kingdome onely , at this instant , seemes very unreasonable unto me . fourthly , it is the expresse resolution of k arist●tle , l xenophon , m polibius , n pope elutherius , ( in his epistle to our first christian king , lucius ) king o edward the confessor in his established lawes , c. . the p councell of paris , anno . and isiod●r cited by it ; q iohn 〈◊〉 , r i●hn mariana , and generally of all forraigne divines and polititians , pagan or christian ; yea of s bracton , t f●●ta , u fortescue , and x king iames himselfe ; that a king governing in a setled kingdome , ceaseth to be a king , and degenerates into a tyrant , so soone as hee leaves to rule by his lawes ; much more , when he begins to invade his subjects , persons , rights , liberties to set up an abitrary power ; impose unlawfull t●xes , raise forces , and make warre upon his subjects , whom he should protect , and rule in peace ; to pillage , plund●r , ●aste , and spoile his kingdome ; imprison , murther , and destroy his people in an hostile manner , to captivate them to his pleasure ; the very highest degree of tyranny , condemned and detested by god , and all good men . the whole state and kingdome therefore in such cases as these , for their owne just necessary preservation , may lawfully with force of armes , when no other course can secure them , not onely passively , but actively resist their prince , in such his violent , exorbitant , tyrannicall proceedings ; without resisting any kingly , lawfull royall authority vested in the kings person for the y kingdomes preservation onely , not destruction ; because in , and as to these illegall oppressions , tyrannicall actions , not warranted , but prohibited by the lawes of god , and the realme , ( to whom he is z accountable , and by whom he is justly censurable for them ) he is no lawfull king , nor majestrate , but an unjust oppressing tyrant , and a meere private man , who ( as to these proceedings ) hath quite denuded himselfe of his just regall authority . so that all those wholsome lawes made by the whole state in parliament , for the necessary preservation and defence of their kings royall person , and lawfull soveraigne power ; the suppression of all insurrections , treasons , conspiracies and open warres against them , whiles they governe their people justly according to law ; * ( as all good princes are a obliged to doe by oath and duty ; ) or the open violent resisting of their lawfull authority and commands ; to which all subjects both in point of law and b conscience , ought cheerfully and readily to submit ; will yeeld no publike countenance , encouragement , or protection at all to kings , in their irregall , tyrannicall oppressions , or violent courses ; especially when they turne professed publike enemies to their people , proclaime open warre against them , invade their lawes , liberties , goods , houses , persons , and exercise all acts of hostilitie against them , as farre forth as the most barbarous forraigne enemies would doe : it being against all common sence and reason to conceive , that our parliaments , lawes which strictly inhibit and punish the very smallest violations of the publike peace , with all kinds of oppressions , robberies , trespasses , ba●t●ries , assaults , bloodsheds , fraies , murthers , routs , riots , insurrections , burglaries , rapes , plunderings , force-able entries , invasions of the , subjects liberties or properties , in all other persons , and greatest publike officers whatsoever ( whose c delinquences are so much the more hainous , d execrable and censurable , as their persons , honours , and places are more eminent ) should so farre countenance , justifie , or patronize them onely in the king , the supreame fountaine of iustice ( ad tutelam legis corporum & bonorum crectus , as fortescue , and sir e edward cooke resolve ; cujus potestas iuris est , & non injuriae ; & cum sit author iuris , non debet inde injuriarum nasci occasio , unde iura nasc●nt ur ; as f bracton , and g fleta determine ; ) as not to permit the subjects , under paine of rebillion and high treason , by force of armes , upon expresse command and direction of the whole kingdome in parliament , so much as to defend their persons , goods , estates , houses , wives , children , liberties , lives , religion , against the open violence of the king himselfe , or his malignant plundring , murthering papists , caveleers : when as kings of all others ( as h bracton , i fortescue , and k mariana prove at large ) both by oath and duty , ought to be more observant of , and obedient to the laws of god and their realmes ( which are l no respectors of persons ) then the very meanest of their subjects . that precept then of paul , rom. . . . . let every soule be subject to the higher powers , &c. and the statute of . e. . c. . with other obsolete acts , which declare it high treason , to levy warre against the king in his realme , must needs be intended of , and quallified with these subsequent just limitations , sutable to their genuine sense and meaning ; to wit , that as long , and so farre foorth , as kings justly and uprightly doe execute their just royall power , conferred on them by god and their people , according to the law of god , and their realmes , to the protection , encouragement and praise of all their good subjects , and the deserved punishment onely of malefactors ; they must and ought to be cheerefully obeyed , and quietly submitted to , as gods owne ministers , without the least resistance , private or publike ; neither ought any private men upon any private injuries , of their owne authority to raise up in armes against them , seeing they are publike magistrates in whom all the kingdome have an interest , without the generall assent and authority of the whole state and kingdome , or of both houses of parliment which represents it . but if kings degenerate into tyrants , and turne professed enemies to their kingdomes , parliaments , people , by making open warre against them ; by spoyling , murthering , imprisoning , maiming , sacking , destroying , or putting them out of their protections , without any just or lawfull grounds , endeavouring by force of armes to subvert their lawes , liberties , religion , and expose them as a prey to their mercilesse blood-thirsty souldiers ; or bring in forraigne forces to conquer them , ( our present case ; ) i dare confidently averre , it was never the thought nor intention of paul , or the holy ghost , much lesse of our nobles , prelats , and commons in parliament , which enacted these lawes ( who so oft tooke up armes , aswell offensive , as defensive , against our kings , in such like cases heretofore ) to inhibit subjects , kingdomes , parliaments ( especially , by direct votes and ordinances of both houses ) under paine of damnation , high treason , or rebellion , by defensive armes to resist kings themselves , or any of their cavalliers : and if this question had beene put to paul , peter , or any of those parliaments , which enacted these objected lawes ; whether they ever meant by these precepts or statutes , totally to prohibite all subjects , by generall assent in parliament , to take up such defensive armes , or make any forceable resistance , against their kings or their armies , in such cases of extremity and necessity as these , under the foresaid penalties ? i make little question , but they would have clearely resolved ; that it was never so much as within the compasse of their thoughts , much lesse their plaine intention , to prohibite such a resistance , in this or such like cases , but onely according to the precedent exposition of their words ; and that they never imagined to establish in the world any vnresistable lawlesse tyranny , or any such spoile or butchery of kingdomes , of subjects , execrable to god and man , in all persons , all ages , which have * resisted them even unto blood ; but rather totally to suppresse them ; there being scarce any more pregnant text , against the tyranny , the boundlesse prerogatives , the illegall proceedings of kings , and higher powers in all the scripture , th●● that of romans . . to . if rightly scanned , as pareus , and others o● it manifest . therefore the parliaments and peoples present defensive warre , and resistance against their seduced king , and his malignant popish cavalliers , is no violation of any law of god , of the realme ; but a just necessary warre , which they have to the uttermost endeavoured to prevent : and no treason , no rebellion at all within the meaning of any law , or statute , unlesse we should thinke our parliaments so mad , as to declare it high treason , or rebellion , even for the parliament and kingdome itselfe , so much as to take up armes for their owne necessary preservation , to prevent their inevitable ruine , when they are openly assaulted by royall armies ; which none can ever presume they would doe , being the very high way to their owne , and the whole kingdomes subversion . fiftly , admit the king should bring in forraigne forces ( french , spanish , danes , dutch , or irish ) to destroy , or conquer his subjects , parliament , kingdome , ( as some such forces are already landed , and more expected dayly ; ) and should join himselfe personally with them in such a service , i thinke there is no divine , lawyer , or true hearted englishman , so void of reason , or common understanding , as to affirme i● treason , or rebellion in point of law , and a matter of damnation in conscien●● , or true divinity , for the parliaments , subjects , kingdome , to take up necessary defensive armes for their owne preservation in such a case , even against the king himselfe , and his army of aliens ; but would rather deeme it a just , honourable , necessary action ; yea , a duty , for every english man to venture his life , and all his fortunes , for the defence of his owne dearest native countrey , posterity , liberty , religion ; and no lesse then a glorious m martyrdome , to dye manfully in the field , in such a publicke quarrell : the very heathens generally resolving ; that n dulce & decorum est pro patria mori : et mortes pro patria appetitae , non solum gloriosae rhetoribus , sed etiam beatae videri solent : in a case of this quallitie . whence that noble romane o camillus , professed to all the romanes in a publike oration ; patriae d●esse quoad vita suppetat , alijs turpe , camillo etiam nefas est. and is not there the selfesame equity , and reason , when the king shall raise an army of popish english , or irish rebels , malignants , delinquents , and bring in forraigners ( though yet in no great proporation ) to effect the like designe . if armed forceable resistance be no treason , no rebellion in law or conscience , in the first , it can be no such crime in our present case . sixty , i would demand of any lawyer , or divine : what is the true genuine reason ; that the taking up of offensive armes against , or offering violence to the person , or life of the king , is high treason , in point of law and divinitie ? is it not onely because , and as he is , the head and chiefe member of the kingdome , which hath a common interest in him ; and because the kingdome it selfe sustaines a publike prejudice and losse by this war against , and violence to his person ? doubtlesse ▪ every man must acknowledge this , to be the onely reason ; for if he were not such a publike person , the levying war against , or murthering of him , could be no high treason at all . and this is the reason , why the elsewhere cited statutes of our realme , together with our historians , make levying of warre , deposing , or killing the king by private persons , high treason ; not onely against the king , but the realme , and kingdome to ; witnesse the statutes of . r. . c. . . r. . c. . . . r. . c. . . r. . c. . . . . h. . parl. . c. . . h. . c. . . mar. c. . . e●iz . c. . . iaco. . . . . and the act of pacification this present parliament , ( declaring those persons of england and scotland traitors to either realme , who shall take up armes against either realme , without common consent of parliament ) which enact , the levying of warre against the kingdome and parliament , invading of england or ireland , treachery against the parliament , repealing of certaine acts of parliament , ill counselling the king , coyning false money , and offering violence to the kings person , to take away his life , to be high treason , not onely against the king and his crowne , but the realme to ; and those who are guilty of such crimes , to bee high traitors and enemies to the realme , p as well at to the king. hence iohn of gaunt , duke of lancaster , being accused in a parliament held in . r. . by a carm●lite frier , of high treason , for practising sodainely to surprise the king , and seize upon his kingdome ; the duke denied it , as a thing incredible upon this very ground ; if i should thus ( said he ) affect the kingdome : q is it credible after your murder ( which god forbid ) that the lords of this kingdome , could patiently endure me , domini mei et patriae proditorem , being a traitor both of my lord and covntrey ? hence in the same parliament of . r. . iohn walsh esquire captaine of cherburg in france , was accused by one of navarre , de proditione regis & regni , of treason against the king and kingdome ; for delivering up that castle to the enemies ; and in the r parliament of . r. . sir iohn annesley knight , accused thomas ketrington esquire , of treason against the king and realme , for betraying and selling the castle of saint saviour within the is●e of constantine in france , to the french , for a great summe of money , when as he neither wanted victuals , s nor meanes to defend it : both which accusations ( being of treasons beyond the sea ) were determined by battle , and duels fought to decide them . hence the great favourite , pierce gaveston , tanquam legum subversor , hosti● terrae publicus , & publicus regni proditor , capite truncatus est : and the two spensers after him , were in edward the second his raigne likewise banished , condemned , and executed , as traitors to the king and realme , et regni proditores for miscounselling and seducing the king , and moving him to make warre upon his people : hence both the t pierces , and the archbishop of yorke , in their articles against king henry the fourth , accused him , as guilty of high treason , and a traitor both to the king , realme and kingdome of england , for deposing and murthering richard the second . and hence the gunpouder conspirators , were u declared , adjudged , and executed as traitors both to the king & realme , for atte●pting to blow up the parliament house , when the king , nobles , and commons were therein assembled : if then the king shall become an open enemie to his kingdome , and subjects , to waste or ruine them ; or shall seeke to betray them to a forraigne enemy ( which hath beene held no lesse then treason in a king to doe , who by the expresse resolution of . h. . cap. . may become a traitor to the realme , and thereupon forfeit his very right and title● to the crowne ; ) it can be no treason nor rebellion in law or theologie , for the parliament , kingdome , subjects , to take up armes against the king and his forces , in such a case , when he shal wilfully and mali●iously rent himselfe from , and set himselfe in direct opposition against his kingdome ; and by his owne voluntary actions turne their common interest in him for their good and protection , into a publicke engagement against him , as a common enemy , who seekes their generall ruine . and if kings may lawfully take up armes against their subjects , as all royallists plead , after they reject their lawfull power , and become open rebels or traitors , because then as to this , they cease to be subjects any longer , and so forfeit the benefit of their royal protection : by the self-same reason ( the bond and stipulation being mutuall ; kings being their subjects x liege lords , by oath and duty , as well as they their liege people : ) when kings turne open professed foes to their subjects in an hostile warrelike way , they presently both in law and conscience , cease to be their kings de jure , as to this particular , and their subjects alleagiance thereby is as to this discharged , and suspended towards them , as appeares by the kings coronation oath , and the * lords and prelats conditionall fealty to king steven , so that they may justly in law and conscience resist their unlawfull assaults , as enemies ; for which they must onely censure their owne rash unjust proceedings , and breach of faith to their people , not their peoples just defensive opposition which themselves alone occasioned . seventhly , it must of necessity be granted ; that for any king to levie warre against his subjects , unlesse upon very good grounds of law and conscience , and in case of absolute necessity , when there is no other remedy left , is directly contrary to his very oath and duty , witnes the law of king edward the confessor , cap. . and coronation oathes of all our kings forementioned ; to keepe peace and godly agreement intirely , according to their power to their people ; contrary to all the fundamentall lawes of the realme , and the prologues of most statutes , intirely to preserve , and earnestly to indeavour the peace and welfare of their peoples persons , goods , estates , lawes , liberties ; contrary to the main tenor of all y sacred scriptures , which have relation unto kings ; but more especially to the kings . . . . and chron. . . . where when king rehoboam had gathered a very great army to fight against the ten tribes , ( which revolted from him for following his young counsellors advice , and denying their just request , and crowned ieroboam for their king ) intending to reduce them to his obedience by force of armes ; god by his prophet shemaiah expressely prohibited him and his army , to goe up , or fight against ●hem ; and made them all to returne to their owne houses without fighting ; and to isay . . . to . where god threatens , to cast the king of babilon out of his grave , as an abhominable branch , as a carcasse trodden under foot , ( marke the reason ) because thou hast destroyed thy land , and slaine thy people , to cut off from babylon his name and remembrance , and sonnes and nephewes : as he had cut off his peoples , though heathens . yea , contrary to that memorable speech of that noble roman * valerius corinus when he was chosen dictator , and went to fight against the roman conspirators , who toke up armes against their country . fugeris etiam honestius , tergumque civi dederis , quam pugnaveris contra patriam ; nunc ad pacificandum bene atque honeste inter primos stabis : postulate aequa et forte , quanquam vel iniquis standum est potius , quam impias inter nos conseramus manus , &c. if then a kings offensive warre upon his subjects , without very just grounds and unevitable occasions be thus utterly sinfull , and unlawfull in law and conscience ; and most diametrally contrary to the oath , office , trust and duty of a king , ( who by this strange metamorphosis a becomes a wolfe instead of a shepheard , a destroyer in liew of a protector ; a publike enemy in place of a common friend ; an vnnaturall tyrant , instead of a naturall king ) it followes inevitably ; that the subjects or kingdomes resistance and defensive warre in such a case , both by the law of god , of nature , of the realme , must be lawfull , and just ; because directly opposite to , the only preservative against that warre , which is unlawfull and unjust : and so no treason , nor rebellion ( by any law of god or man , ) which are illegall and criminall too . eightly , it is the received resolution of all b canonists , schoolemen , and civill lawyers ; that a defensive warre undertaken onely for necessary defence , doth not properly deserve the nam of warre , but onely of defence : that it is no levying of warre at all , ( which implies an active offensive , not passive defensive raising of forces , and so no treason nor offence within the statute of . e. . c. . as the parliament , the onely proper iudge of treasons , hath already resolved in point of law ) but a faculty onely of defence cuilibet omni iure , ipsoque rationis ductu permissa ; &c. permitted to every one by all law , ( or right ) and by the very conduct of reason , since to propulse violence and iniury , is permitted by the very law of nations . hence of all the seven sorts of warre which they make , they define the last to be , a just and necessary war quod fit se et sua defendendo ; and that those who d●e in such a war ( caeteris paribus ) are safe ( causa . qu. . ) and if they be slaine for defence of the common-wealth , their memory shall live in perpetuall glory . and hence they give this definition of a just warre . c warre is a lawfull defence against an immi e●t or praeceeding offence upon a publike or private cause , concluding : that if defence be severed from w●rre , it is a sedition , not warre ; although the emperour himselfe denounce it ; yea , although the whole world combined together . proclaime it : for the emperour , or king , can no more lawfully hurt another in warre , t●en he can take away his goods or life without cause . therefore let commentato s●b●awle et●rnally about warre , yet they shall never justifie nor prove it lawfull , nisi ex defensione legitima ; but when it proceeds , from lawfull defence , all warres be●●g rash and unjust , against those who justly defend themselves . this warre then being undertaken by the parliament , onely for their owne , and the kingdomes necessary defence , against the kings invasive armies and cavalliers ( especially , now after the kings rejection of all honourable and safe termes of peace and accommodation tendered to him by the parliament : ) must needs be just and lawfull ; and so no treason , nor rebellion , in point of law or conscience ; since no law of god , nor of the realme , hath given the king any authority or commission at all to make this unnaturall warre upon his parliament , his people , to enslave their soules and bodies , or any inhibition to them , not to defend themselves in such a ca●e . these generall considerations thus premised , wherein law and conscience walke hand in hand ; i shall in the next place lay downe such particular grounds for the justification of this warre , which are meerely legall ; extracted out of the bowels of our knowne lawes ; which no professors of them can contradict . first , it is unquestionable , that by the common and statute law of the land , the king himselfe , who cannot lawfully proclaime warre against a forraigne enemy , much lesse against his people , without his parliaments previous assent , as i have elsewhere proved ; cannot by his absolute soveraigne prerogative , either by verball commands , or commissions under the great seale of england , derive any lawfull or just authority to any generall , captaine , cavalliers , or person whatsoever , without legall triall and conviction , to seize the goods or chattels of any his subjects , much lesse , forcecibly to r●b , spoile , plunder , wound , beat , kill , imprison , or make open war upon them , without a most just and in●vitable occasion , and that after open hostility ) denounced agai●st them . and if any by vertue of such illegal commissions or mandats , assault , plunder , spoile , rob , beat , wound , slay , imprison , the goods , chattels , houses , persons of any subject not lawfully convicted ; they may , and ought to be proceeded against , resisted , apprehended , indicted cond●mned for it , notwithstanding such commissions , as trespassers , theeves , burglarers , felons , murderers , both by statute , and common law ; as is clearely enacted and resolved , by magna charta , cap. . . e. . stat. . cap. . . . . e. . cap. . . . e. . artic. super cha●tas , cap. . e. . c. . e. . cap. . . e. . cap. . r. cap. . . r. . ca . . h. . cap. . . r. . cap. . to . h. . cap. . . iacob . c. . against monopolies . the petition of right . . caroli . e. . c. . . e. . ca. . . e. . stat. . . e. . cap. . . . . r . cap. . and generally all satutes against purv●yers . ass. pl. . . b●o●ke commissions , . . fortescue , c. p. . . . . . . . e. . . . h. . . br. faux imprisonment , . . . e. . a tr. . h. . monstrans de faits stamford lib. . fol. . a. . a. the conference at the committies of both houses , ● . aprilis , ● . caroli , concerning the right and priviledge of the subject : newly printed . cooke lib. . fol . . lib. . fol . . lib. . fol. . to . iudge crooks and huttons arguments , against sh●pmoney , with divers other law-bookes . therefore the cavalliers can no waies justifie , nor excuse their wounding , murthering , imprisoning , assaulting , robbing pillaging , and spoiling of his majesties people and subjects , and making warre upon them , by vertue of any warrant or commission from the king ; but may justly and legally be apprehended , resisted , and proceeded against , as murtherers , rebels , robbers , felons , notwithstanding any pretended royall authority to countenance their execrable unnaturall proceedings . secondly , it is irrefragable , that the subjects in defence of their own persons , houses , goods , wives , families , against such as violently assault them by open force of armes , to wound , slay , beate , imprison , robbe , or plunder them ( though by the kings own illegall commission ) may not onely lawfully arme themselves , and fortifie their houses ( their castles in iudgement of law , ) against them ; but resist , apprehend , disarme , beat , wound , repulse , kill them in their just necessary defence ; not onely without guilt of treason , or rebellion , but of tresspas , or the very least offence ; and servants in such cases may lawfully justifie , not onely the beating , but killing of such persons , who assault their masters persons , goods , or houses ; as is expresly resolved by the statute of . e. . de malefactoribus in parcis ; by . h. . cap. . fitzherbert , corone , . . . . . . . h. . trespas , . stamford , lib. . cap. . . . . ass. . . h. . . a. . h. . b. . h. . . a. . e. . . b. . e. . . a. . h. . . b. brooke , coron . & tr●spas . therefore they may justly defend themselves , resist , oppose , apprehend , and kill his majesties cavalliers , notwithstanding any commissions , and make a defensive warre against them ; when as they assault their persons , houses , goods , or habitations , without any treason , rebellion , or crime all against the king or law. thirdly , it is past dispute , that the sheriffes iustices of peace , mayors , constables and all other officers of the realme , may and ought by our lawes and statutes to raise the power of the counties and places where they live , and command all persons to arme themselves to assist them upon their command , when they see just cause ( which commands they are all bound to obey under paine of imprisonment and fines , for their contemptuous disobediene herein : ) to suppresse and withstand all , publicke breaches of the peace , riots , routs , robberies , ●raies , tumults , forcible entries , and to apprehend , disarme , imprison , and bring to condigne punishment all peace-breakers , riotors , trespassers , robbers , plunderers , quarrellers , murtherers , and forces met together , to doe any unlawfull hostile act , ( though by the kings owne precept : ) and in case they make resistance of their power , they may lawfully kill and slay them without crime or guilt , if they cannot otherwise suppresse or apprehend them : yea , the sheriffes , and all other officers may lawfully raise and arme the power of the county to apprehend delinquents , by lawfull warrants from the parliament , or processe out of other inferiour courts of iustice , when they contemptuously stand out against their iustice , and will not render themselves to a legall triall ; in which service all are bound by law to assist these officers , who may lawfully slay such contemptuous offenders , in case they cannot otherwise apprehend them . all which is enacted and resolved by . e. . cap. . . ed. . cap. . . r. . cap. . . r. . cap. . . . r. . cap. . . r. . cap. . . h. . cap , . . h. . cap. . . h. . cap. . . . h. . cap. . . e. . cap. . . mar. cap. . . h. . cap. . . e. . fitz execution , . . h. . . a. . ass. . . h. . fol. . . . h. . fol. . register , f. . . . fitz. coron . . . . . . stamford , lib. . cap. . . cooke lib. . fol. . . . with sundry other bookes , and acts of parliament , and walsingham , hist. angliae , pag. . . yea , the statute of . ed. . cap. . recites ; that such resistance of processe out of any the kings courts ( much more then out of the highest court of parliament ) redounds much to the dishonour of the king and his crowne ; and that such resisters shall be imprisoned and fined , because they are desturbers of the kings peace , and of his realme . and the expired statute of . h. . cap. . enacted : that if any duke , marquesse , earle , viscount , or baron , complained of for any great riots , extortions , oppressio●s , or any offence by them done against the peace and lawes , to any of the kings liege people , should refuse to obey the processe of ●he kings court , under his great or privie seale , to him directed , to answer his said offenes ; either by refusing to receive the said processe , or despiting it , or withdrawing h●mselfe for that cause , and not appearing after proclamation made by the sheriffe in ●he county ; at the day prescribed by the proclamation ; that then hee should for this his contempt , forfeit and lose all his offices , fees , annuities , and other possessions that he , or any man to his use , h●th of the gift or grant of the king , or any of his progenitors , made to him or any of his ancestors : and in case he appeares not upon the second proclamation on the day therein to him limited ; that then he shall lose and forfeit his estate and place in parliament , and also all the lands and tenements wh●ch he hath , or any other to his use for terme of his life , and all other persons having no lands not appearing after proclamation , were to be put out of the kings protection , by this act. such a heinous offence was it then repu●ed , to disobey the processe of chancery , and other inferiour courts of iustice even in th● greatest peeres ; how much greater crime then is , and must it be , contemptuously to disobey the summons , processe , and officers of the parliament it selfe , the supremest court of judicature , especially in those who are members of it , and stand engaged by their protestations , trusts , and places in it , to maintaine its honour , power , and priviledges to the uttermost ? which many of them now exceedingly vilifie , and trample under feete : and therefore deserve a severer censure then this statute inflicts ; even such as the act of . r. . c. . prescribed to those nobles unjustly fore judged in that parliament ; that their issues males now begotten shall not come to the parliaments , nor to the councells of the king nor his heires ; nor be of the kings counsell nor of his heires ; therefore it is undubitable , that the sherifes , iustices of peace , majors , constables , leivtenantes , captaines , and other officers in every county through the realme , may by their owne authority ( much more by an ordinance and act of association of both houses ) raise all the power of the county , & all the people by vertue of such commands may lawfully meete together in armes to suppresse the riots , burglaries , rapines , plunders , butcheries , spoyling , robberies , and armed violence of his majesties cavaleers ; and apprehend , imprison , slay , arraigne , execute them as common enemies to the kingdomes peace and welfare , even by the knowne common law , and statutes of the realme , and feise delinquents notwithstanding any royall commission or personal commands they may or can produce . fourthly , it is most certaine , that every subject by the very common law of the realm , ( yea law of nature ) as he is a member of the state and church of england , d is bound both in duty and conscience , when there is necessary occasion , to array and arme himselfe to resist the invasions , and assaults of o●en enemies of the realme , especially of forraigners , e as is cleare by infinite * presidents , cited by the kings owne councell , and recited by iudge crooke in his argument concerning ship-money ; in both the houses two remonstrances and declarations against the commission of array ; and the answer of the first of them in the kings name ; all newly printed ( to which i shall referre the reader for fuller satisfaction : ) and by the expresse statutes of e. . c. . . e. . c. . and . h. . c. . the reason is from the originall compact and mutuall stipulation of every member of any republicke , state or society of men for mutuall defence one of another upon all occasions of invasion , made at their first association and incorporation into a republike , state , kingdome , nation , of which we have a pregnant example , iudg. . . to . if then the king himselfe shall introduce forraigne forces and enemies into his realme to levie war against it , or shall himself become an open enemie to it ; the subjects are obleiged , by the self-same reason , law , equity , especially upon the parliaments command , to arm themselves to defend their native country , kingdome against these forraigne and domesticke forces , and the king himselfe if he joyne with them ; as farre forth as they are bound to doe it upon the kings own writ and commission , in case he joyned with the parliament and kingdome against them ; the necessary defence and preservation of the kingdome and themselves ( and of the king onely so farre forth as he shewes himselfe a king and patron , not an enemie of his kingdome , and subjects , ) being the sole ground of their engagement in such defensive warres : according to this notable resolution of cicero , f omnium societ●tum nulla est gratior ; nulla cari● quàm ea quae 〈◊〉 re●ublica est unicuique nostrum cari sun● pare●t●s , cari liberi , propinqui , familiares , sed omnes omnivm caritates patria vna complexa est , iro qua quis bonus dubit●t mortem oppetere ; si ei sit profuturus ? quo est detestabilior illorum immanitas , qui lacerant omni scelere patriam , & n●a fun●itus delenda occupati & sunt & fuerunt : and seeing kings themselves as well as subjects are bound to g hazard their lives for the preservation of their kingdomes , and peoples safetie ; and not to endanger the ruine of the kingdome and people to preserve their owne lives and prerogatives , as i have elsewhere manifested ; it cannot be denyed , but that every subject , when the king is unjustly divided against his kingdome , parliament , and people , is more obleiged to joyne with the kingdome , parliament , and his native dearest countrey , ( who are most considerable ) against the king ; than with the king against the● ; and rather in such a case than any other , because there is lesse neede of helpe , and no such danger of ruine to the whole realme and nation , when the king joynes with them against forraigne invading enemies ; as there is when the king himselfe becomes an open intestine foe unto them , against his oath and duty : and the h peop●es safety being the supremest law , & the houses of parliament the most soveraigne authoritie , they ought in such unhappie cases of extremitie and division to oversway all subjects , to contribute their best assistance for their necessary just defence , even against the king himself and all his partisans , who take up hostile armes against them , and not to assist them to ruine their owne country , kingdome , nation , as many as now over-rashly do . fifthly , i conceive it cleare law , that if the king himselfe , or his courtiers with him , shall wrongfully assault any of his subjects to wound , rob , or murther them without just cause , that the subjects , without any guilt of treason or rebellion , may not onely in their owne defense resist the king and his courtiers assaults in such a case , and hold their hands ( as i doctor ferne himselfe accords ) but likewise close with , and disarme them ; and if the king or his courtiers receive any blowes , wounds , in such a case ; or be casually slaine , it is neither treason nor murder , in the defendants , who had no treasonable nor murtherous intention at all in them , but onely endeavoured their own just defence , attempting nothing at all against the kings lawful royall authority : as is cleare by all law k cases , of man slaughter , se defe●dendo , and to put this out of question , i shall cite but two or three cases of like nature . it hath beene very l frequent with the kings of england , france , and o●her princes , for triall of their man hood , 〈◊〉 runne at iousts , and fight at barriers , not onely with forraigners , but with their owne valiantest l●rds and knights , of which there are various examples . in these martiall disports , by the very law of armes , these subjects have not onely defended themselves against their kings assaults and blowes ; but retorted lance for lance , stroke for stroke , and sometimes unhorsed , disarmed , and wounded their kings , our m ki●g henry the eight , being like to be slaine by the earle of ●uffolke , at a 〈◊〉 in the . yeare of his reigne : and no longer since then the yeare . henry the d , king of france , was casually slaine in a ioust by the earle of mountgommery , his subject , ( whom hee commanded to iust one bout more with him against his will ) whose speare in the counter-blow ran so right into one of the kings eyes , n that the shivers of it peirced into his head , perished his braine and slew him : yet this was iudged no treason , fellony , nor offence at all in the earle , who had no ill intention . if then it hath ever beene reputed lawfull and honourable , for subiects in such militarie exercises , upon the challenges of their kings , to defend themselves couragiously against their assaults , and thus to fight with and encounter them in a martiall manner , though there were no necessity for them to answer such a challenge ; and the casuall wounding or slaying of the king by a subiect in such a case be neither treason nor fellony : then much more must it be lawfull by the law of armes , nature , and the kingdome , for the parliament and subjects in a necessary , just , unavoydable warre , to defend , resist , repulse the kings and his cavaleers personall assaults , and returne them blow for blow , shot for shot , if they will wilfully invade them ; and if the king or any of his forces miscarry in this action , they must ( like king o hen●y the th when endangered by tilting ) blame themselves alone , and have no other just legall remedie but p●tience , it being neither treason , rebellion , nor murther in the defensive party , and most desperate folly and frenzie in any prince , to engage himselfe in such a danger , when he neede not doe it . i reade of p charles the first of france ; that he fell sodainely destracted upon a message he rec●ived from an old poore man , as he was marching in the head of his army ; and thereupon thinking himselfe betray●d incountred his owne m●n , and slew two or three of them●ere they were ware of him , wounding others . whereupon they closing with him , dis●rmed and led him away forceably , keeping him close shut up like a bedlam , ●ill he recovered his senses . i thinke no man in his right wits , will deeme t●is their action treasonable or unlawfull ; neither did the king or any in that age thus repute it . if then a king in an angry franticke passion ( for q ir● brevius furor est ; ) shall take up armes against his loyall subjects , and assault their persons to murther them and spoyle their goods ; if they ( by common consent in parliament especially ) shall forcibly resist , disarme or restraine his person , till his fury be appeased , and his judgement rectified by better councells ; shall this be treason , rebellion , or disloyaltie ? god forbid : i thinke none but mad men can or will averre it . it was a great doubt in law , till the statute of . h. . c. . setled it , if a party that had committed any high treasons when he was of perfect memory ; after accusation , examination , and confession thereof be●came madde or lunaticke ; where he should b● tried and condemned for it during this distemper ? and some from that very act ( and . h. . . . ass . . h. . for faiture and dower . fitz. nat. br. . d. stamford pleas , . b. and cooke . l. . f. . beverlyes case , which resolve , that a lunaticke or non compos cannot be guilty of murther , feloney , or petite treason , because having no understanding , and knowing not what he doth , he can have no fellonius intention ) conceive , that a reall mad-man cannot be guilty of high treason ( though sir edward cooke in bev●rlies case , be of a contrary opinion ) if he should assault or kill his king . and i suppose few will deeme r walter terrils casuall killing of king william rufus with the glance of his arrow from a tree , shot at a deere , high treason ; neither was it then reputed so , or he prosecuted as a traytor for it , because he had no malicious intention ( as most thinke ) against the king , or any thought to hurt him . but i conceive it out of question , if a king in a distracted furious passion without just cause , shall invade his subjects persons in an open hostile manner to destroy them ; it neither is , nor can be treason nor rebellion in them , if in their owne necessary defence alone , they shall either casually wound or slay him contrary to their loyall intentions ; and those s statutes and law-bookes which judge it high treason , for any one maliciously and trayterously to imagine , compasse or conspire the death of the king ; will not at all extend to such a case of meere just defence ; since a conspiracie or imagination to compasse or procure the kings death , can neither be justly imagined nor presumed , in those who are but meerely defensive , no more then in other common cases of one mans killing another in his owne inevitable defence without any precedent malice ; in which a pardon by law , is granted of course : however , questionlesse it is no treason nor murther at all to slay any of the kings souldiers and 〈◊〉 who are no kings , in such a defensive warre . sixthly , suppose the king should be captivated , or violently led away by any forraign or domesticke enemies to him and the kingdome , and carried along with them in the field , to countenance their warres and invasions upon his loyallest subjects , by illegall warrants or commissions fraudulently procured , or extorted from him . if the parliament and kingdome in such a case , should raise an army to rescue the king out of their hands , and to that end encountring the enemies , should casually wound the king whiles they out of loyalty sought onely to rescue him ; i would demaund of any lawyer or divine , whether this act should be deemed treason , rebellion or disloyalty in the parliament or army ? or which of the two armies should in point of law or conscience be reputed rebells or traytors in this case ? those that come onely to rescue the king , and so fight really for him indeed , though against him in shew ; and wound him in the rescue ? or those who in shew onely fought for him , that they might still detaine him captive to their wills ? doubtlesse there is no lawyer , nor theologue but would presently resolve in such a case , that the parliaments army which fought onely to rescue the king were the loyall subjects ; and the malignants army who held him captive with them , the onely rebels and traytors ; and that the casuall wounding of him ( proceeding not out of any malicious intention , but love and loyalty to redeeme him from captivity , ) were no trespasse nor offence at all , being quite besides their thoughts : and for a direct president ; it was the very case of king t henry the third ; who ( together with his sonne prince edward ) being taken prisoner by the earle of leycester in the battle of lewis , and the earle afterwards carrying him about in his company in nature of a prisoner , to countenance his actions , to the great discontent of the prince , the earle of glocester and other nobles ; hereupon the prince and they raising an army , encountred the earle , and his forces in a battle at evesham where the king was personally present , slew the earle , routed his army , and rescued the king ; in this cruell battell , the u king himselfe ( being wouded unawares with a iavelin , by those who rescued him ) was almost slaine , and lost much of his blood : yet in a parliament soone after sommoned at winchester , anno . the earle and his army were dis-inherited as traytors and rebels ; but those who rescued them though with danger to his person , rewarded as his loyall subjects . and is not this the present case ? a company of malignant ill councellors , delinquents , prelates , papists , have withdrawne his majestie from his parliament , raised an army of papists , forraigners , delinquents and male-contents , to ruin the parliament , kingdome , religion , lawes , liberties ; to countenance this their designe , they detaine his majestie with them , and engage him all they can on their side : the parliament out of no disloyall intention , but onely to rescue his majesties person out of their hands , to apprehend delinquents , preserve the kingdome from spoyle , and defend their priviledges , persons , liberties , estates , religion , from unjust invasion , have raised a defensive army , which encountred these forces at edgehill , ( where they say the king was present ) slew the lord generall ( earle of lindsey ) with many others ; and as they never intended , so they offered no kind of hurt or violence at all to his majesties person then or since ; and now full sore against their wils , petitions , endeavours for peace , they are necessitated to continue this offensive warre , for their owne and the kingdomes necessary preservation . the sole question is ; whether this act , this defensive warre of the parliament and their forces be high treason or rebellion ? and who are the traytors and rebells in this case ? certainly , if i understand any law or reason , the parliament and their forces are and must be innocent from these crimes ; and their opposite popish malignant cavaleers , the onely rebels and traytors ; as this parliament ( the onely proper judge of treasons ) hath x already voted and declared them in point of law. seventhly , it is * littleto●s and other law-bookes expresse resolutions ; that if a man grant to another the office of a parkership , of a parke for life , the estate which he hath is upon condition in law ( though not expressed ) that he shall well and lawfully keepe the parke , and doe that which to his office belongeth to doe , or otherwise it shall be lawfull for the grantor and his heires to remove him , and grant it to another if he will : and if the parker negligently suffer the deere to be killed , or kill the deere himselfe without sufficient warrant from his lord , it is a direct forfaiture of his office. if then a keeper of forrester cannot kill or negligently suffer his deere to be killed ( no nor yet destroy the vert on which they should feed , or suffer it to be destroyed ) without forfaiture of his office , even by a condition annexed to his office by the very common law ; shall a king , thinke you , lawfully murther , plunder and destroy his subjects , his kingdome , without any forfaiture or resistance at all ? or will the common law of the land in such a case which provides and annexeth a condition to the office of a parker , not much more unite it to the royall office of a king , ( who is but a regall keeper , or * sheepheard of men , of christians , of free men , not of slaves ) for the subjects preservation and security ? doth the common-law thus provide for the safety , the liberty , welfare of our beasts , yea our wilde beasts , are our deere so deare unto it , and will it not much more provide for the security of our owne persons , lives , liberties , estates ? shall not these be dearer to it than our deere ? how many * riged lawes have beene anciently , and of late yeares made , against the killing , the destroying of the kings , the subjects deere in forrests and parkes , for which some have lost their liberties , lives , members ? and shall not the lawes for the preservation of the subjects lives , liberties , estates be more inviolably observed , more severely prosecuted ? may a forrester , warrener , or keeper of a parke lawfully beate and kill another in defence of his deere and other game , without any penalty or forfaiture at all , enjoying the kings peace as before this fact , by the expresse statute of . e. . rastall forrests . and stamfords pleas , l. . c. . . and cannot a poore subject defend his owne person , family , house , goods , libertie , life , against the kings forces , or cavaleers without the danger of treason or rebellion , if the king himselfe be present with them , or they come armed with his unjust commission ? certainely this is a too absur'd , irrationall , beastiall opinion for any to beleeve . it is our saviours own doubled argument , mat. . . luke . . behold the fowles of the ayre , and consider the ravens , for they neither sow nor reape , neither have store-house , nor barne ; yet your heavenly father feedeth them : are not yee mvch better then they ? then fowles ? and luke . . . mat. . . . . are not two sparrowes sold for a farthing ? and not one of them shall fall to the ground without your father : but the very haires of your head are all numbred : feare ye not therefore ; ye are of more valve then many sparrowes and the apostle hath the like argument , cor. . . . doth god take care for oxen ? or saith he it no● altogether for our sakes ? for our sakes , no doubt this is written , &c. * men are the soveraigne lords of all the creatures , of farre more excellencie and dignity then all , ●r any of them ; especially christian men ; whence the apostle paul gives this strict charge to the elders of ephesus ( belonging as well to kings as ministers ) act. . . take heed therefore unto all the flocke over which the holy ghost hath m●de you over-seers to feed the church of god which he hath purchase● with his owne blood : and god himselfe hath given this expresse inhibition even to * kings themselves , concerning his and their peoples safety ( most strangely inverted by flattering divines , quite contrary to the words and meaning : ) touch not mine anointed , and do my prophets no harme . and shall not men then made after gods owne image ; men redeemed and purchased by the blood of christ ; men made * kings and priests to god their father , whom god himselfe hath expressely prohibited kings themselves to touch or harme ; not be allowed liberty to defend their persons , houses , lives , liberties , without offence or treason , against kings or any their cavaleers assaults , by the law of god , the common or statute law of the realme ; when as their very keepers , warreners , forresters may lawfully resist , and slay them to without crime or punishment , if they should offer but to kill , to steale their deere or connies ? are they not much better , much dearer to god , to kings , then foules ? then sparrowes ? then oxen ? then deere ? and their lives , their blood more precious then theirs ? surely the scripture is expresse : that * precious in the sight of the lord is the blood the death of his saints ; and therefore * he that sheddeth mans blood ( be he whom he will in an unlawfull way ) by man shall his blood be shed ; if not in a judiciall way , yet by way of just defence , as christ himself expounds it , mat. . . all they that take the sword , shall perish with the sword : and rev. . he that killeth with the sword , mvst be killed with the sword ; ( no doubt he may be killed by way of necessary defence ; ) then it immediately followes ; here is the patience and faith of the saints : that is , saints will and must patiently endure many pressures and wrongs from tyrants and oppressors without resistance , but if they once come to make warre with them , as the seven headed beast there did v. . then both the faith and patience of the saints themselves will binde their hands no longer , but give them free liberty in such an extremity ( for their owne and the churches preservation , in their just defence ) to slay those seven headed beasts that shall assault them ; the very faith of christ then teacheth them no other lesson but this : he that lead●th into captivitie shall goe in●o captivitie , and he that killeth with the sword must be killed with the sword : and in such a case , god saith , psal. . . . . . let a two edged sword be in their hands , to execute vengeance upon the heathen , and punishment upon the people : to 〈◊〉 their kings with chaines and their nobles with fetters of iron ; to execute upon them the judg●ment written : this honour ( this priviledge in such cases ) have all the saints , praise ye ●he lord. and very good reason is there for it . for as nature it selfe hath instructed lyons , beares , wolves , boares , stagges , backes , and most other beasts , not onely to defend themselves against the violence of one another , but even of men their supreame lords , when they assault and hunt them to take away their lives , over which god hath given men a lawfull power : much more then may men by natures dictate , defend their persons , lives against the unlawfull violence of their kings or armies ( over which god hath given them no power at all but in a legall way of justice for capitall offences ) when they assault or make warre upon them to destroy them . not to trouble you with histories of stagges and other beasts which have killed men th●t chased them , in their owne defence , of which there are infinite examples in the * roman and spanish histories , in those amphithreatricall sports and spectacles wherein men encountred and fought with lyons , tygers , beares , buls and other savage b●asts ; i shall onely recite some few examples even of kings themselves , who have beene slaine and devoured by such beasts as they have chased : * mad●● king of britain ( as polycronicon fabian , grafton and others record ) being in his disport of hunting , was slain of the wilde beasts he pursued , when he had reigned . yeares : so was his sonne king mempris slaine and destroyed in hunting in the same manner . merind●● king of brittaine , was devoured by a sea monster which he encountered : and * basilius the . emperour of constantinople hunting a stag , of an extraordinary greatnesse , and thi● king to cut off his necke with his sword ; the stagge ranfiercely at him , gored him with his hornes on which he tossed him , bruised his entralls , whereof he dyed some few dayes after , and had beene slaine immediately , on the beasts hornes , had not one there present drawne his sword and cut off his girdle , by which he hung on the hornes , to whom he gave a very ill requitall for this loyall service : other stories of kings slaine by beasts in their owne defence occure in story , and examples of kings slaine by men in and for their preservation , are almost innumerable : that of our king * edmond is observable among others , who as our historians write being at a feast at pulkers church on saint augustines day , espied a theefe named leof , whom he had formerly banished , sitting in the hall , whereupon he leapt over the table , assaulted leof , and plucked him by the haire of the head to the ground ; who in his owne defence , wounded the king to death with a knife , hurt many of his servants , and at length was himselfe hewen all in peeces . but that of our king * richard the . is more remarkeable , who being shot in the arme with a barbed arrow by one peter basil , ( or bertram gurdon as others name him ) at the siege of chaluz castle in aquitain which rebelled against him ; the castle being taken , and the king ready to dye of the wound , commanded the person that shot him to be brought into his presence , of whom he demanded , what hurt he had done him that provoked him to this mischiefe ? to whom he boldly replyed : thou hast killed my father and my two brothers with thine own hand ; and now wouldest have slain me : take what revenge thou wilt ; i shall willingly endure what ever torture thou canst inflict upon me , in respect i have slaine thee , who hast done such and so great mischiefe to the world . the king hearing this his magnanimous answer , released him from his bonds , ( though he slew the rest ) and not onely forgave him his death , but commanded an hundred shillings to be given him . if then bruites by the very law of nature have thus defended themselves against kings , who have violently assaulted them , even to the casuall death of the assailants : why men by the selfesame law , may not justly defend themselves against the unjust assailing warres of their princes , and armies , without treason or rebellion , exceeds my shallow understanding to apprehend : and i doubt those very persons who now plead most against it , onely to accomplish their owne pernicious designes , would make no scruple of such a necessary defensive wars and resistances lawfulnesse , were the case but really their own ; and those papists and cavalieers who now take up armes against the parliament , the supreamest lawfull power in the realme , and their owne native country , without checke of conscience , would doubtlesse make no bones at all forcibly to resist or fight against the king himselfe , should he but really joyne with the parliaments army , against them and their designes ; there being never any souldier or polititian , but those onely who were truely sanctified and religious , that made any conscience of fighting against , yea murthering of his naturall king , not onely in a lawfull defensive warre , but in a trayterous and r●bellious manner too , if he might thereby advantage or promote his owne particular interests , as is evident by the councell and speech of davids souldiers , and king saul himselfe . sam. . . . . . . . . by the words of abishai , to david , sam. . . . . . by the councell of achitophell , which pleased absolon , and all the elders of israel well , sam . . . . ▪ and the infinite number of emperours , of kings , which have beene trayterously , and rebelliously slaine , without any just occasion by their own souldiers , and that in a meere offensive , not defensive way ; above halfe the roman , grecian , and german emperours dying of such assassinations , or poysonings , very few of them of meere naturall deathes , as the histories of their lives declare . eighthly , it is in a manner agreed by y historians , polititians , and divines , that if a king will desert the defence and protection of his people in times of warre and danger , and neither ayde nor protect them against their enemies according to his oath and duty , they may in such a case of extremity , for their owne necessary defence and preservation , desert him , who deserteth them , and elect another king , who can and will protect them from utter ruin . vpon this very ground the z brittons of this nation after many hundred yeares subjection to the roman emperors , rejected their yoake and government , when they refused and neglected to defend them against the barbarous picts and others , who invaded them , when they had oft craved their assistance ; electing them other patriots : so the a spaniards being deserted by the roman emperors and left as a prey to their enemies ; abandoned their government , and elected them kings of their owne to protect them , which they justified to be lawfull for them to doe . and in like manner the romans and italians being forsaken of the emperour constantine , when they were invaded by b aistulfus king of the lumbards ; elected charles the great for their emperour , and created a new empire in the west , distinct from that of constantinople in the east , which bishop bilson himselfe concludes they might lawfully doe , in point of conscience . so c childerick being unfit to governe , and unable to repulse the enemies of the french which invaded his territories ; thereupon by the advise of pope zachary , and of a whole synod and parliament in france , they deposed childericke , and elected p●pin for their king , who was both able and willing to protect them ; vpon this very ground the d emperours charles the third , and wencestius were deposed , as being unable and unfit to defend and governe the empire , and others elected emperors in their steeds , thus * mahomet the blinde , king of granado , was in the yeare . deposed by his owne brother , nobles , and subjects , who were discontented to be governed by a blinde king , who could not lead them to the warres in person . and * ethodius the d king of scotland , being dull of wit , given to avarice , and nothing meete to governe the realme ; thereupon the nobles tooke upon them the governmēt , appointing rulers in every province , & so continued them all his reigne , leaving him nothing but the bare title of a king , ( not depriving him thereof , out of the respect they gave to the family of fergusius ) but yet taking away all his regall power . and not to multiply cases or examples of this nature : e andrew favine in his theatre of honour , out of the chronicle of laureshe●m and a●monius in his th booke of the history of france , relates a notable resolution given by the parliament & estates of france in this very point . in the yeare . lewes the de●onnaire king of france holding his parliament in may , there came thither from strange provinces two brethren , kings of vuilses , who with frank & free good will submitted themselves to the judgement of the said ●arliament , to which of them ▪ the kingdome should belong . the elder of these two brethren was named miligastus , and the yonger celea●raeus , now albeit the custome of the said kingdome , adjudged the crowne to the eldest , according to the right of 〈◊〉 allowed and practised by the law of nature , and of later memory , in the person of the last dead king liubus , father to the two contendants ; yet notwithstanding in regard that the subjects by universall consent of the kingdome , had rejected the elder brother for his cowardise and evill government ( cum secundam ritum ejus gentis commissum sibi regnum parum digne administraret ) and had given the crown to the younger brother for his valovr & discreete carriage ; after full hearing of both parties , by sentence of parliament , the kingdome was adjudged to the younger brother , ( stat●●t ut junior frater delatam sibi à populo suo pot●statem haberet , &c ) and thereupon the eldest did him homage , with oath of alleigance in the said parliament , and submitted to this sentence . and upon this very ground in f some of our ancient british and saxons kings reignes ▪ when the right heire to the crowne was an infant , unable to defend his kingdome and people against invading enemies , the crowne hath commonly descended to the vncle or next heire of full age , who was able to protect them and repulse their enemies , till the right heire accomplished his compleat age , as i have elsewhere manifested . if then a kingdome by generall consent ; may elect a new king to defend and preserve it , in case of invasion and eminent danger of ruine by forraigne enemies , when their present king either cannot , or will not doe his duty in protecting them from their enemies , and exposeth them for a prey to their devastations , as these examples and authorities conclude they may , though i will not positively determine so . then certainely by equall , semblable and greater reason , subjects may lawfully take up necessary defensive armes against their kings , when they shall not onely desert , but actually invade and wage warre against them , destroy and wast them in an open hostile manner , and handle them as cruelly as the worst of enemies : such a wilfull unnaturall hostile invasion , being farre worse than any cowardly or bare desertion of thē when they are invaded by a forraign enemy . and if kings in case of ●ot●ishnesse or lunacy may be lawfully deposed from their kingdomes by common consent of their realmes , when they are altogether unfit or unable to governe , as bishop bilson asserts , and i have manifested elsewhere : then much more may they be lawfully resisted by force without guilt of treason or rebellion , when they wilfully and maliciously , contrary to their oath and duty , cast off their royall governments , the protection of their subjects , and wage open warre against them , to enslave or ruine them . if a father shall violently and unjustly assault his sonne , a husband his wife , a master his servant , a major or other inferior officer , a citizen to murther , maime , or ruine them ; they may in such a case by g the law of nature , god , man , resist , repulse them in their owne defence without any crime at all , as dayly practise experimentally manifests ; yea they may sweare the peace against them , and have a writ h de securitate pacis in such cases . therefore by the selfefame reason they may resist the king and his army in like cases ; there being no more humane nor divine law against resistance in the one case , than in the other . finally , it is the resolution of i iohn bodin and others , who deny the lawfulnesse of subjects taking up armes against their soveraigne prince , or offering violence to his person , though he become a tyrant : that if a soveraigne prince or king by lawfull election or succession turn● a tyrant , he may lawfully ( at his subjects request ) be invaded resisted , cond●m●ed or slaine by a forraigne prince . for as of all noble acts , none is more honourable or glorious , then by way of fact to defend the honour , goods , and l●ves of such as are unjustly oppressed by the power of the more mighty , especially the gate of iustice being shut against them : thus did moses seeing his brother the israelite beaten and wronged by the egyptian , and no meanes to have redresse of his wrongs : so it is a most faire and magnificall thing for a prince to take up armes to releive a whole nation and people , unjustly oppressed by the cruelty of a tyrant : as did the great hercu●es who travelling over a great part of the world with wonderfull power and valour destroyed many most horrible monsters , that is to say , tyrants ; and so delivered people , for which he was numbred among the gods , his posterity for many worlds of yeares after , holding most great kingdomes . and other imitators of his vertue as dio , timoilion , aratus , harmodius , aristogiton , with other such honourable princes , bearing titles of chastisers , and correctors of tyrants . and for that onely cause tamerlain emperour of the tartars , denounced warre unto * bajazet king of the turkes , who then besieged constantinople , saying , that he was comming to chastise his tyrannie , and to deliver the afflicted people ; and vanquishing him in battle , routed his army , and taking the tyrant prisoner , he kept him in chains in an iron cage till he dyed . neither in this case is it materiall that such a vertuous prince being a stranger , proceede against a tyrant by open forc● , or fiercenesse , or else by way of justice . true it is that a valient and worthy prince , having the tyrant in his power , shall gaine more honour by bringing him unto his tryall , to chastise him as a murtherer a manqueller , and a robber ; rather than to use the law of armes against him . wherefore let us resolve on this , that it is lawfull for any stranger ( prince ) to kill a tyrant , that is to say , a man of all men infamed , and notorious for the oppression , murder , and slaughter of his subjects and people . and in this sort , our * queene elizabeth ayded the low-countries against the tyrannie and oppressions of the king of spainte and the king of sweden of late yeares the princes of germany against the tyranny and usurpations of the emperor , upon their sollicitation . if then it be thus lawfull for subjects to call in forraigne princes to releeve them against the tyrannie and oppressions of their kings ( as the barons in * king iohns time prayed in ayde from philip and lewis of france against his tyrannie ) and those princes in such cases , may justly kill , depose , or judicially condemne these oppressing kings and put them to death . i conceive these whole kingdomes and parliaments may with farre better reason , lesse danger , and greater safety to themselvs , their kings and realmes take up defensive armes of their owne to repulse their violence . for if they may lawfully helpe themselves and vindicate their liberties from their kings encroachments by the assistance and armes of forraigne princes who have no relation to them , nor particular interest in the differences betweene their kings and them , which can hardly be effected without subjecting themselves to a forraigne power ; the death or deposition of the oppressing king : much more may they defend and releeve themselves against him by their owne domesticke forces , if they be able , by generall consent of the realme ; because they have a particular interest and ingagement to defend their owne persons , estates , liberties , which forraigners want ; and by such domesticke forces may prevent a forraigne subjection , preserve the life of the oppressing prince , and succession of the crowne in the hereditary line ; which * forraigne armies most commonly endanger . and certainely it is all one in point of reason , state , law , conscience , for subjects to relieve themselves , and make a defensive warre against their soveraigne by forraigne princes armes , as by their owne : and if the first be just and lawfull , as all men generally grant without contradiction ; and bract●n to l. . c. . i see no colour but the latter must bee just and lawfull too , yea then the first rather , because lesse dangerous , lesse inconvenient to king and kingdome . from reasons , i shall next proceed to punctuall authorities . not to mention our ancient h brittons taking up of armes by joint consent , against their oppressing , tyrannizing kings a●chigallo , emerian , and vortigern , whom they both expelled and deposed , for their tyranny and mis-govenment ; nor our saxo●s . ray●sing defensive forces against king sigebert , osred , ethelred , beornard , ceolwulfe and edwyn , who were forcibly expelled , and deprived by their subjects for their bloody cruelties and oppressions ; which actions the whole kingdome then , and those historians who recorded them since , reputed just and honourable , and no treasonor r●bellion in law or conscience , being for the kingdomes necessary preservation , and the peoples just defence ; which histories i have elsewhere more largely related . nor yet to insist long on the fore-mentioned barons warre , against king iohn and henry the d. for regaining , establishing , preserving magna cha●ta , and other liberties of the realme , which our kings had almost utterly deprived them off ; i shall onely give you some few briefe observations touching these warres , to cleare them from those blacke aspersions of rebellion , treason , and the like , which some late historians ( especially iohn speed ) to flatter those kings to whom they dedicated their histories , have cast upon them , contrary to the judgement of our ancienter choniclers , and matthew paris ; who generally repute them lawfull and honourable . first then consider , what opinion the prelates , barons , and kingdome in generall , had of these warres at first , i anno ● . in a parliament held at pauls the . yeare of king iohns raigne , steven langton archbishop of canterbury , produced a charter of king henry the first , whereby he granted the ancient libert●es of the kingdome of england ( which had by his predecessors beene oppressed with unjust exactions , according to the lawes of king edward , with those emendations , which his father , by the cou●sell of his barons , did ratifie : which charter being read before the barons , they much rejoyced ; and swore in the presence of the archbishop , ; that for these liberties they would , if need required , spend their blood : which being openly done in parliament , they would never have taken such a publike solemne oath , had they deemed a warre against the king , for recovery , or defence of these their liberties unlawfull , and no lesse then treason and rebellion in point of law or conscience . after this the barons assembling at saint edmond bury , conferred about the said charter , and swore upon the high altar , that if king iohn refused to confirme and restore unto th●m those liberties ( the rights of the kingdome ) they would make warre upon him , and withdraw themselves from his allegiance , untill he had ratified them all w●th his charter under h●s great seale . and further agreed , after christmas to petition him for the same , and in the meane time to provide themselves of horse and furniture to be ready , if the king should start from his oath made at w●nchester , at the time of his absolution , for confirmation of these liberties , and compell him to satisfie their demand . after christmas they repaire in a military manner to the king , lying in the new temple , urging their desires with great vehemencie : the king seeing their resolution and inclination to warre , made answer , that for the matter they required , he would take consideration till after easter next , in the meane time , he tooke upon him the crosse , rather through feare , then devotion , supposing himselfe to bee more safe under that protection : and to shew his desperate malice and wilfuln●sse ( who rather then not to have an absolute domination over his people , to doe what he listed , would be any thing himselfe under any other that would but support him in his violences ) he sent an embassage ( the most base and impious that ever yet was sent by any free and christian prince ) unto miramumalim the moore , intituled the great king of affrica , morocco , and spaine ; wherein he offered to render unto him his kingdome , and to hold the same by tribute from him as his soveraigne lord ; to forgoe the christian faith , as vaine , and to receive that of mahomet , imploying thomas hardington and ralph fitz-nicholas , knights , and robert of london clerke , commissioners in this negotiation ; whose manner of accesse to this great king , with the delivery of their message , and king iohns charter to that effect , are at large recited in mathew paris , who heard the whole relation from robert one of the commissioners , miramumalim having heard at large their message , and the description of the king and kingdome , ( governed by an annointed and crowned king , knowne of old to be free and ingenuous ; ad nullius , praeterquam dei spectans dominationem ) with the nature and disposition of the people , so much disdained the basenesse and impiety of the offerer , that fetching a deepe sigh from his heart , he answered , i have never read nor heard , of any king possessing so prosperous a kingdome , subject and obedient to him , who would thus willingly ruine his principality , as of free to make it tributary , of his owne to make it anothers , of happy to make it miserable , and to submit himself to anothers pleasure , as one conquered without a wound . but i have heard and read of many , who with effusion and losse of much blood ( which was laudable ) have procured liberty to themselves ; modo autem au●io , quod dominus vester miser , deses & imbellis , qui nullo null or est , de libero servus fieri desiderat , qui omnium mortalium miserrimus est . after which he said ; that the king was unworthy of his confederacie ; and looking on the two knights with a sterne countenance , he com●anded them to depart instantly out of his presence , and to see his face no more ; whereupon they departing with shame ; hee charged robert the clerke , to informe him truely what manner of person king iohn was : who replied , that he was rather a tyrant then a king ; rather a subverter then a governour ; a subverter of his owne subjects , and a fosterer of strangers ; a lyon to his owne subjects , a lambe to aliens and rebels ; who by his sloathfulnesse had lost the dutchy of normandy , and many other lands , and moreover thirsted to lose and destroy the kingdome of england : an unsatiable extortioner of money ; an invader and destroyer of the possessions of his naturall people , &c. when miramumalin heard this , he not onely despised , as at first , but detested a●d accursed him , and said : w●y doe the miserable english permit such a one to raigne and domineer over them ? truely , they are effeminate and slavish : to which robert answered : the english are the most patient of all men , unti●l they are offended and damnified beyond measure . but now they are angry , like a lion or elephant , when he perceives himselfe hurt or bloody ; and though late , they purpose and endeavour to shake the yoake of the oppressor from their necks which lie under it : w●ereupon he reprehended the overmuch patie●ce an● fearefulnesse of the english ; and dismissed these messengers ; who returning and relating his answer to king iohn , he was exceeding sorrowfull , and in much bitternesse of spirit , that he was thus contemned and disapointed of his purpos● . yet persisting in his pre-conceived wicked designe to ruine his kingdome and people , and hating all the nobility and gentry of england , with a viperous venom , he sets upon another course ; and knowing * pope iuno cent to be the most ambitious , proud , and covetous of all men , who by gifts and pr●mises would be wrought upon , to act any wickednesse : thereupon he hastily dispatcheth messengers to him with great summes of money , and a re-assurance of his tributary subjection , ( which shortly after he confirmed by a new oath and charter , ) to procure him to excommunicate the archbishop of canterbury , and the barons , whom he had formerly favoured ; which things he greedily desired , that he might wrecke his malice on them by dis● inheriting , imprisoning , and spoiling them being excommunicated : which things when he had wickedly plotted , he more wickedly executed afterwards . in the meane time , the barons foreseeing that nothing was to be obtained but by strong hand , assemble an army at stamford , wherein were said to be two thousand knights , besides esquires , and marched from thence towards oxford , where the king expected their comming to answer their demands . and being come to brack●ey with their army , the king sends the earle of pembroke mariscall , and the archbishop of canterbury , with others , to demand of them , what were those lawes and liberties they required ? to whom they shewed a schedule of them , which the commissioners delivered to the king : who having heard them read , in great indignation asked ; why the barons did not likewise demand the kingdome ? and swore he would never gra●t those articles , whereby himselfe should be made a servant . so harsh a thing is it to a power , that is once gotten out into the wide libertie of his will , to heare againe of any reducing within his circle . vpon this answer , the barons resolve to seize the kings castles ; constitute robert fitz-walter their generall , entituling him , mariscall of the army of god , a●d of holy chvrch : a title they would never have given their generall , or army , had they deemed this warre unlawfull in law or conscience . after which they tooke divers of the kings castles , and are admitted into london ; where their number daily increasing , they make this protestation ; never to give over the prosecution of their desire , till they had constrained the king ( whom they held perjured ) to grant them their rights . which questionlesse , they would not have done , had they not beleeved this warre to be just and lawfull . king iohn seeing himselfe in a manner generally forsaken of all his people , and nobles , having scarce . knights faithfull to him ( another strong argument , that the people and kingdome generally apprehended , this taking up armes against the king to regaine , to preserve their hereditary rights and liberties , to be lawfull ) counterfeits the seales of the bishops , and writes in their names to all nations , that the english were all aposta●es , and whosoever would come to invade them , hee , by the popes consent , would conferre upon them all their lands and possossio●s . but this device working no effect , in regard they gave no credit to it , and found it apparantly false ; the king seeing himselfe deserted of all , and that those of the barons part were innumerable , ( cum tota angliae nobilitas in unum collecta , quasi sub numero non cadebat , writes mathew paris , another argument of the justice of this cause and warre , in their beliefes and consciences ; at last condescended to grant and confirme their liberties , which he did at running-meade , in such sort as i have formerly related . and though the pope afterwards for his owne private ends and interest , ( bribed by king iohn , who resigned his kingdome to him , and became his vassall , without his peoples consent , which resignation was judged voide , ) excommunicated the barons withall their assistance ; qui ioha●nem illustr●m reg●m anglorum cruce signatum , et vasallvm romanae ecclesiae ( an honourable title indeed for a king ) pers quuntur , molientes ei reg●um auferre ( which this pope him selfe did but few yeares before , giving his crown and kingdome it selfe to king phillip of france , which to save , he sordidly resigned up to the pope ) quod ad ronanam ecclesiam dignosci●ur pertinere . l yet this excommunication thus procured by bribery , proceeding not out of conscience to preserve the kings due rights , but selfe-respects to support the popes usurped interest and title to the realme ; and being a wicked plot of the king , more wickedly ex●cuted by the pope , ( who as matthew paris writes , was ad omnia scelera pro praemijs datis v●l promissis cereus & proclivis ) and the london●rs , barons , with divers prelates then contemning it , as pronounced upon false suggestions , and especially for this cause , that the ordering of temporall affaires belonged not to the pope , cum petro apostolo & ejus successoribus non nisi ecclesiasticarum dispositio r●rum a domino sit collata potestas . and using likewise these memorable speeches in those blind daies against the pope and his usurped supremacy , with liberty . vt quid ad no●se extendit romanorum insatiata cupiditas ? quid episcopis apostolicis & militiae nostrae ? ecce successores constantini & non petri , non imitantur petrum in meri●is , vel operibus ; nec assimulandi sunt in potestate . proh pudor , marcidi ribaldi , qui de armis vel li●eralitate minime norunt , jam toti mundo propter excommunicationes suas volunt dominari ; ignobiles usurarij & simoniales . o quantum dissimu●es petro , qui sibi petri usurpant partem ? &c. i conceive this excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes , and the warre insuing it being but for their owne just defence , when the king afterwards with fire , sword , and bloody barbarous forraigne forces wasted his realme in a most inhumane , tyrannicall maner , factus de rege ty●annus ; imo in bestialem prorumpens feritatem , &c. which necessitated the barons for their own preservation and the kingdoms ( devoted by this unnaturall prince to vassallage and utter desolation ) to elect lew●s of france for their king. who , together with the peeres and estates of france , assembled at lions concerning this election ; resolved it to be just and lawfull , and the barons defensive warres against , and rejection of king iohn for his tyranny and oppressions , to be just and honourable , since they did but flee to these extraordinary remedies , and seeke for justice abroad , when they were denied it by him that should give it them in as or●inary way at home , chosing as king , in place of a tyrant , as m matthew paris , with the n generall history of france ( written by iohn de serres , and englished by edward grimston ) m●re largely manifest . secondly , the lawfulnesse and justnesse of the b●rons warres in defence of magna chart● , with other their hereditary rights and liberties , appeares most evidently , by the resolution of all those parliaments summoned by king herry the d. edward the ● . . . richard the d and other our succeeding kings ; which have many times , even by o force of armes , or menaces ; and sometimes by faire termes , caused these kings by new acts of parliament of ratifie magna charta , the chart●r of the forest , with other fundamentall liberties , thus forcibly extorted from king i●hn at first ; and constrained them to confirme hem with their oathes and sol●mne publicke p excommunications , to be published by the bishops in their diocesse twice every yeare ; oft solemnly vowing , and protesting , both in and out of parliament , to defend these lawes and liberties , with their estates , armes , lives , blood ; which their anc●st●rs had purchased with their blood ; as i have manifested in the two first parts of this discourse : all which they would no doubt have forborne , had they deemed it high treason or rebellion in point of law , to take up armes against their kings in defence o● these lawes and privileges ; neither would our kings and parliaments in times of peace , have so frequently confirmed these lawes and immunities , as just and necessary for the peoples welfare , had they reputed their former purchases and confirmations by warre and armes , no lesse then treason or rebellion . and if it were neither treason nor rebellion in the judgements of our ancestors and those parliaments which procured , and ratified magna charta , to take up armes in defence thereof ; much lesse can it be treason or rebellion in the parliament and subjects now ( by votes , by ordinances of both houses ) with force of armes to preserv● , not only these their hereditarie charters , lawes , priviledges , but their very lives , estates ; yea , the privileges and being of parliaments themselves , which are now invaded , endangered . what opinion the world had of the lawfulnesse of most of the barons warres in king henry the d. his raigne , against this troublesome perfidious king , in defence of their lawes , liberties , estates , appeares first , by the dialogue betweene agnellus , a frier minorite , one of king henry his counsell , ( purposely sent to the earle marshall , then in armes against the king ) and this martiall earle , in the abbey of morgan . anno . i will first relate the true state of that warre , and then their dialogue concerning it : q king henry by the ill counsell of peter bishop of winchester , removed all his english officers , counsellors , and servants from his court , and put poictovines , and forraigners in their places , being ruled wholly by them ; withall he puts the english garisons out of all his castles , and substitutes forraigners in them , which dayly arived both with horse and armes in great multitudes , and much opprested the people , calling them traitors ; so that the power and wealth of the realme was wholly under their command . the earle marshall seeing the noble and ignoble thus oppressed , and the rights of the kingdome like utterly to be lost ; provoked with a zeale of iustice , associating to himselfe other noble men , goes boldly to the king , reproves him in the hearing of many , for calling in those poictovines , by evill counsell , to the oppression of the kingdome , and of his naturall subjects , and like wise of lawes and liber●ies ; humbly beseeching him hastily to correct these excesses , which threatned the imminent subversion both of his crowne and kingdome , which if he refused to doe , he and the other nobles of the realme , would withdraw themselves from his counsell , as long as he harboured those strange●s . to which peter of winchester replyed : that the king might lawfully call in what strangers he would , for the defence of his kingdome and crowne , and likewise so many , and such , as might compell his proud and rebellious subjects to due obedience . whereupon the earle marshall and other nobles , departing discontented from the court , when they could get no other answer , promised firmely one to another ; that for this cause which concerned them all , they would manfully fight , ev●n to the separation of soule and body . after which , they seeing more strangers arrive with horse and armes every day , sent word to the king ; that hee should foorthwith remove bishop peter , and all his strangers from his court , which if he refused , they all would by the common consent of the whole realm 〈◊〉 him , with his wicked counsellours , out of the realm , and consult of chusing them a new king. after these , and some other like passage , the king raysing an army , besiegeth one of the earles castles ; and not being able to winne it , and ashamed to raise his seige without gaining it , he sent certaine bishops to the earle , and requested him ; that since he had besieged his castle , and hee could not with honour depart without winning it , which he could not doe by force , that the earle to save his honour would cause it to be surrended to him , upon this condition , that hee would restore it certainely to him within . dayes , and that by advise of the bishops h● would amend ●all thing amisse in his kingdome ; for performance of which the bishops became his pledges , and the king appointed a meeting at westminster , on a set day betweene him and the lords : whereupon the earle surrendred the castle to the king , upon oath made by the bishops that it should be restored at the day . but the king refusing to deliver the earle the castle , according to promise , and threatning to subdue his other castles ; the earle hereupon raiseth his forces , winnes his castle againe , routs divers of the kings forraigne forces , at gorsemond , monmouth , and other places ; and invaded the lands of his enemies . vpon this occasion , frier agnellus ( or lambe ) acquaints the earle , what the king , together with his counsell and court , thought of his proceedings ; to wit , that the king said , he had proceeded over traiterously , and unjustly against him , yet he was willing to receive him into favour , if he would wholly submit himselfe to his mercy ; and that others held it not just , safe , and profitable for him to doe it ; because he had done wrong to the king , in that before the king had invaded his lands or person , he invaded and destroyed the kings lands , and flew his men ; and if he should say , he did this in defence of his body and inheritance ; they answered , no , because there was never any plot against either of them ; and that were it true , yet he ought not thus to breake forth against the king his lord , untill hee had certaine knowledge , that the king had such intensions against him : et ex tvnc liceret talia attemptare ; and from thenceforth he might lawfully attempt such things , ( by the courtiers and friers owne confessions : ) vpon which the marshiall said to frier lambe : to the first they say , that i ought to submit my selfe , because i have invaded the king : it is not true , because the king himselfe , ( though i have beene ever ready to stand to the law and judgement of my peeres in his court , and have oft times requested it by many messengers betweene us , which he alwaies denied to grant ) violently entred my land , and invaded it against all justice : whom hoping in humility to please , i freely entred into a forme of peace with him , which was very prejudiciall to me : wherein he granted , that if on his part all things were not punctually performed toward me , i should be in my pristine state before that peace concl●ded ; namely , that i should be without this homage , and obsolved from my allegiance to him , as i was at first by the bishop of saint davids ; seeing then hee hath violated all the articles of the peace , it was lawfvll for me , according to my agreement , to recover what was mine owne ; and to debilitate his power by all meanes ; especially seeing he end eavoured my destruction , dis-inheritance , and seizing of my body , of which i have certaine intelligence , and am able to prove it if neede be . and which is more , after the . daies truce , before i entred wales , or made any defence , he deprived me of the office of marshall , without judgement , which belongs to me , and i have enjoyed by inheritance , neither would he by any meanes restore mee to it ; though required . whence i have plainely learned , that he will keepe no peace with me , seeing since the peace hee handles me worse then before . whereby i ceased to bee his subject , and was absolved from his homage by him . wherefore it was , and is lawfull for me to defend my selfe , and to withstand the malice of his counsellors by all meanes . and whereas the kings counsellors say , it is profitable for me to submit to the kings mercy because he is more rich and powerfull then i am . it is true , the king is richer and more potent then i , but yet he is not more powerfull then god , who is iustice it selfe , in whom i trust , in the confirmation and prosecution of my right , and of the kingdomes . and whereas they say , the king can bring in strangers of his kinred , who are neither scots , nor french , nor welsh , who shall make all his foes his foot-stoole , and come in such multitudes , as they shall cover the face of the earth , and that he can raise seven men to my one : i neither trust in strangers , nor desire their confederacie , nor will i invoke their aide , vnlesse , which god forbid , inopinata & immutabili fuero compulsus necessitate ; i shall be compelled by a sudden and immutable necessity ; and i beleeve by his counsells ill advise he will quickly bring in such multitudes of strangers , that he will not be able to free the kingdome of them againe ; for i have learned from credible men , that the bishop of winchester is bound to the emperour , that the will make the kingdome of england subject to him ; which god in his providence avert . and whereas they say , that i may confide in the king and his counsell , because the king is mercifull , credible , &c. it may well be that the king is mercifull ; but he is seduced be the counsell of those , by whom we feele our selves much hurt ; and he is noble and credible ( whom god long preserve so ) as much as in him lies ; but as for his counsell , i say , that no one promise made to me , was ever yet kept , and they have violated many corporall oathes made to me , and the oathes they tooke for observing magna charta , for which they remaine excommunicate and perjured . yea , they are e●jured concerning the faithfull counsell which they have sworne to give to our lord the king , when as they have wilfully given him the counsell of achitophel , against justice ; and corrupted the just lawes they have sworne to keepe , and introduced unusuall ones : for which , and for many other things , for which neither god nor man ought to trust them , or their complices , are they not every one excommunicated ? rumor de veteri faciet ventura timeri : cras poterunt fieri ●urpia sicut heri . faelix quem faciunt aliena pericula cautum . whereas the said counsellors of the king say , that i invaded the kings body at gorsmund castle , before the king had entred my land ; and so i did injurie to the king , for which i ought to implore his mercie , least others should take example thence to raise up armes against the king. i answer , that i was not there in person ; and if any of my family were there by chance , they invaded onely the family of the king , not the person of the king : which yet if they had done , it were no wonder , seeing the king came with his army into my land , that he might invade me , and oppresse me by all the meanes he could , which may appeare to all by the tenor of his letters , by which hee made a generall assembly throughout england against my army . and since the premises objected against mee are false , and it is true , that the king hath treated me worse since the time i expected his mercy , then any time before , and doth yet use the same counsell as then ; and since he endeavours precisely to follow their counsels in all things , by whose advise i suffer all the premised grievances ; i ought not to prostitute my selfe to his mercy . neither would this be for the kings honour , that i should consent unto his will , which is not grounded upon reason . yea , i should doe an injury to him , and to iustice , which he ought to use towards his subjects , and to maintaine . and i should give an ill example to all , by deserting iustice , and the prosecution of right , for an erronious will against all iustice , and the injury of the subjects : for by this it would appeare , that we loved our worldly possessions , more then iustice it selfe . and whereas the kings counsellours object , that wee have combined with the kings capitall enemies , namely , the french , scots , welsh , out of hatred and dammage to king and kingdome : that of the french is altogether false , and that of the scots and welsh too ; excepting the king of scots , and leoline prince of north-●ales ; who were not the kings enemies , but faithfull friends , untill by injuries offered them by the king and his counsell , they were by coertion against their wills , alienated from their fidelitie , as i am . and for this cause i am confederated with them , that we may the better being united , then separated , regaine and defend our rights , of which we are unjustly deprived , and in a great part spoiled . whereas the kings counsell propose , that i ought not to confide in my confederates , because the king , without any great hurt to his land , can easily separate them from my friendship : of this i make no great doubt , but by this the iniquity of his counsellors doth most of all appeare : that in some sort they would cause the king to sustaine losse , by those whom he specially calls , capitall enemies , to injure mee who have alwaies beene his faithfull subject , whiles i remained with him , and yet would be so , if he would restore to me and my friends our right . whereas the said counsellors say , that the pope and church of rome , doe specially love the king and kingdome , and will excommunicate all his adversaries , which thing is even at the dores , because they have already sent for a legate : it pleaseth mee well , said the marshall ; because the more they love the king and kingdome , by so much the more will they desire that the king should treat his realme and subjects , according to justice : and i am well pleased they should excommunicate the adversaries of the kingdome , because they are those who give counsell against iustice , whom workes will manifest ; because iustice and peace have kissed each other ; and because of this , where iustice is corrupted , peace is likewise violated . also i am pleased that a legate is comming , because the more discreet men shall heare our justice , by so much the more vilely shall the adversaries of iustice be confounded . in which notable discourse we see the lawfullnesse of a necessary defensive warre yeelded and justified both by the king , his counsell , and the earle marshall , as well against the king himselfe , if he invade his subjects first , as any of his forces who assist him . after which the marshall flew many of his enemies by an ambuf●ado , while they thought to surprise him , and wasted and spoiled their goods , houses , lands ; observing this generall laudable rule which they made , to doe no hurt , nor ill to any one , but to the kings evill counsellors by whom they were banished , whose goods , houses , woods , orchards , they ●poiled , burnt , and rooted up . the king remaining at glocester , heard of these proceedings of the marshall , but his forces being too weake , he durst not encounter him , but retired to winchester with bishop peter , confounded with over much shame , leaving that country to be wasted by his adversaries ; where innumerable carcases of those there slaine lay naked and unburied in the wayes , being food to the beasts and birds of prey : a sad spectacle to passengers , which so corrupted the ayre , that it infected and killed many who were healthy . yet the kings heart was so hardned , by the wicked councell he followed , against the marshall , that the bishops admonishing him to make peace with him , who fovght for ivstise : he answered , that he would never make peace with him , unlesse comming with an halter about his necke and acknowledging himselfe to be a traytor , he would implore his mercy . the marshall both in england and i●eland ; professed that he was no traytor ; that his warre being but defensive , was just ; immutabiliter affirmans , quod 〈◊〉 sibi de j●re quod suum er at re●etere , & posse regis & co●sil orum sicorum , modis omnibus quibus poterat , infirmare . r william roshanger in his continuation of matthew paris , speaking of the death of simon monfort earle of leycester , slaine in the battle of ev●sham , the greatest pillar of the barrons warres ; useth this expression . thus this magnificent earle symon , ended his labors , who not onely bestowed his estate but his pe●son also , for releiefe of the oppression of the poore , for the asserting of iustice , and the right of the realme : he was commendably skilfull in learning , a dayly fr●quenter of divine offices , constant in word , severe in countenance , most confiding in the prayers of religious persons , alwayes very respectfull to ec●lesiasticall persons . he earnestly adheared to robert grosthead bishop of lincolne , and committed his children to his education . by his advise he handled difficult things , attempted doubtfull things , concluded things begun , specially such things whereby he thought he might gaine desert . which bishop was said to have enjoyned him , as he would obtaine remission of his sinnes , that he should undertake this cause for which he contended even unto death , affirming , that the peace of the church of england could never be esta●lished , but by th● materiall sword and constantly averting that all who died for it were crowned with martyrdome . some say that this bishop on a time , laying his hand on the head of the earles eldest sonne , said unto him . o most deare sonne , thou and thy father shall both dye on one day , and with one hand of death ; yet for ivstice and trvth . fame reports that symon after his death grew famous by many miracles , which for feare of the king came not in publicke . ; thus this historian , thus robert grosthead the most devout and learned bishop of that age , ( who most of any opposed the popes vsurpations and exactions ) determine of the justice and lawfulnesse of the barons warres ; walter bishop of worcester concurring in the same opinion with grosthead . the same s author rishanger records ; that the earle of glocester , a great stickler in these warres against the king with whom at last he accorded ; signified to the king by his letters patents under his seale , that he would never ●eure armes against the king his lord , nor against his sonne prince edward , nisi defendo ; but onel● in his defence : which the king and prince accepting of , clearely proves ; that defensive armes against king or prince were in that age generally reputed lawfull , by king prince , prelates , nobles , people . i may likewise adde to this what i read in t matthew westminster , that richard bishop of chichester the day before the battle of lewis against king henry and his sonne ( who were taken prisoners in it by the barons and . of their souldiers slaine ; ) absolved all that went to fight against the king their lord from all their sinnes . such confidence had he of the goodnesse of the cause and justnesse of the warre . in one word , the r oath of association prescribed by the barons to the king of romans , brother to king henry the third , in the . yeare of his raigne ; heare all men , that i richard earle of cornewall , doe here sweare upon the holy evangelists , that i shall be faithfull , and diligent to reforme with you the kingdome of england , hitherto by the councell of wicked persons overmuch disordered : and be an effectuall coadjutor to expell the rebells , and disturbers of the same . and this oath i will inviolaby observe , under pa●ne of losing all the lands i have in england : so helpe me god. which oath all the barrons and their associates tooke , ( by vertue whereof they tooke up armes against the kings ill councellors , and himselfe when he joined with them , ) sufficiently demonstrate their publicke opinions and judgements of the lawfullnesse , the justnesse of their warres ; and of all other necessarie defensive armes , taken up by the kingdomes generall assent for preservation of its lawes , liberties , and suppression of those rebels , and ill councellors who fight against , or labour to subvert them by their policies . x in the third yeare of king edward the d , this king revoking his great mynion piers gav●ston , newly banished by the parliament into ireland , and admitting him into as great favour as before , contrary to his oath and promise : the barrons hereupon by common consent sent the king word ; that he should banish piers from his company according to his agreement , or else they would certainely rise up against him as a perjured person . vpon which the king much terrified suffers piers to abjure the realme ; who returning againe soone after to the court at yorke ; where the king entertained him ; the lords spirituall and temporall , to preserve the liberties of the church and realme , sent an honourable message to the king , to deliver piers into their hands , or banish him , for the preservatio● of the peace , treasure and weale of the kingdome ; this wilfull king denies their just request ; whereupon the lords thus contemned and deluded , raifed an army , and march with all speede towards new-castle , not to offer inivrie or molestation to the king , but to apprehend peirs , and judge him according to law : upon this the king fleeth together with peirs to tinemouth , and from thence to scarborough castle , where piers is forced to render himselfe to the barrons , who at warwicke castle , ( without any legall triall by meere martiall law ) beheaded him , as a subvertor of the lawes , and an open traitor to the kingdome . for which facts this king afterwards reprehending and accusing the lords in parliament , in the th yeare of his raigne ; they stoutly answered , that they had not offended in any one point , bv● deserved his royall favovr , for they had not gathered force against him ( though he were in piers his company , assisted , countenanced , and fled with him ) bvt against the pvblicke enemie of the realme : whereupon there were two acts of oblivion passed by the king , lords and commons assembled in that parliament , ( printed in the y d part of old magna charta : ) the first , that no person ( on the kings part ) should be questioned , molested , impeached , imprisoned , and brought to judgement , for causing pierce to returne from exile , or barboring , councelling or ayding him bere after his returne : the second on the barons part , in these words : it is provided by the king , and by the archbishops , bish●ps , abbots , priors , earles , bar●ns and commons , of the realme , assembled according to our command , and unun mously assented and accorded , that none of what estate or condition soever he be , shall in time , t● come be appealed or challenged , for the apprehending , deteining , or death of peirsde gaveston , nor shall for the said death be appr●hended ▪ nor imprisoned , impeached , mol●sted , nor grieved , nor judgement given against him by us , nor by others at our suite , nor at the suite of any other , either in the kings court or elsewhere . which act the king by his writ , sent to the iudges of the kings bench , commanding that t●is grant and concord shall be firme and stable i● all its points , and that every of them should be held , and kept in per petuitie ; to which end he commands them to cause this act to be there inrolled , and fi●mely kept for ever . a pregnant evidence that the barons taking up armes then against this traytor and enemie of the realme , in pursuance of the act and sentence of parliament for his banishment , though the king were in his company , and assisted him all he might , was then both by king and parliament , adjudged no treason , nor rebellion at all in point of law , but a just & honorable action : wherefore their taking up armes is not mentioned in this act of oblivion , seeing they all held it just , but their putting piers to death , without legall triall ; which in strictnesse of law , could not be justified . now whether this be not the parliaments and kingdomes present case in point of law ( who tooke up armes principally at first , for defence of their owne priviledges of parliament , and apprehention of delinquents who seducing the king withdrew him from the parliament , and caused him to raise an army to shelter themselves under its power against the parliament ) let every reasonable man determine : and if it be so , we see this ancient act of parliament resolves it , to be no high treason , nor rebellion , nor offence against the king ; but a just , lawfull act , for the kings , the kingdomes honour and safety . not long after this , the two z spensers getting into the kings favour , and seducing , miscouncelling him as much as gaveston did ; the lords and barrons hereupon in the th and th yeares of his raigne , confederated together , to live and dye for justice , and to their power to destroy the traitors of the realme , especially the two spensers : after which they raised an army , whereof they made thomas earle of lancaster generall ; and meeting at sherborne , they plunder and destroy the spensers castles , mannors ▪ houses , friends , servants , and marching to saint albanes with ensignes displayed , sent messengers to the king then at london , admonishing him not onely to rid his court but kingdome , if the traitors to the realme , the spensers , ( condemned by the commons in many articles ) to preserve the peace of the realme ; and to grant them and all their followers lette●s pattents of indemnity , for what they had formerly done . which the king at first denied but afterwards this armie marching up to london , where they were received by the city , he yeelded to it , and in the th yeare of his raigne by a speciall act of parliament the said spensers were disinherited and banished the realme ( for mis-councelling the king , oppressing the people by injustice , advising him to lovie warre upon his subjects , making evill iudges and other officers to the hurt of the king and kingdome , engrossing the kings eare , and usur●ing his royall authority ) as enemies of the king and of his people : and by another act of parliament , it was then provided , that no man should be questioned for any felonies or trespasses committed in the prosecution of hugh●e de sponsers the father and sonne ; which act runnes thus ? whereas of late many great men of the realme surmised to sir hugh le despenser the sonne and father , many misdemeanors by them committed against the estate of our lord the king and of his crowne , and to the disinheritance of the great men and destruction of the people , and pursued those misdemeanors and attainder of them by force , because they could not be attainted by processe of law , because that the said sir hughes had accroached to them the royall power in divers manner : the said grandees having mutually bound themselves by oath in writing , without the advise of our lord the king ; and after in pursuing the said hugh and hugh , and their alies and adherents , the said great men and others , riding with banners displaied , having in them the armes of the king and their owne ; did take and occupie the chattels , villages , mannors ; lands , tenements , goods , and likewise take and imprison some of the kings leige people and others , tooke some and slew others , and did many other things , in destroying the said hugh and hugh , and their alies , and others in england , wales , and in the marches , whereof some things may be said trespasses , and others felonies : and the said hugh and hugh , in the parliament of our lord the king , sommoned at westminster three weekes after the nativitie of saint iohn baptist the . yeare of his raigne , for the said misdemeanors were fore judged and banished the realme , by a vote of the peeres of the land ; and the foresaid great men in the said parliament , shewed to our lord the king , that the things done in the pursuite of the said hugh and hugh , by reason of such causes of necessity , cannot be legally redressed or punished without causing great trouble , or perchance warre in the land , which shall be worse ; and prayed our lord , that of all alliances , trespasses and felonies they might be for ever acquitted , for the preservation of peace , the avoyding of warre , and asswaging of angers and rancors , and to make unitie in the land ; and that our lord the king may more intirely have the hearts and wills of the great men and of his people , to maintaine and defend his lands , and to make warre upon and grieve his enemies . it is accorded and agreed in the said parliament by our lord the king , and by the prelates , earles , barrons , and commons of the realme there assembled by command of our lord the king , that none of what estate or condition soever he be for alliance , at what time soever made , by deed , oath , writing , or in other manner , nor for the taking , occupying , or detainer of chattels , towns , mannors , lands , tenements , and goods taken , imprisoning or ransoming the kings leige people , or of other homicides , robberies , felonies , or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men , their allies , or adherents in the pursuite aforesaid , since the first day of march last past , till the thursday next after the feast of the assumption of our ladie , to wit , the . day of august next ensuing , be appealed , nor challenged , taken nor imprisoned , nor grieved , nor drawne into judgement by the king , nor any other at the suite of any other which shall be in the kings court or in any place else ; but that all such trespasses and felonies shall be discharged by this accord and assent : saving alwaies to all men , but to the said hugh and hugh , action and reason to have and recover their chattels , farmes , mannors , lands , tenements , wards and marriages according to the lawes and customes used in the realme , without punishment against the king , or damages recovered against the party for the time aforesaid . for which end they prescribed likewise a charter of pardon annexed to this act according to the purport of it , which every one that would might sue out , which charter you may read in old magna charta . from which act of parliament i shall observe these three things . first , that this their taking up armes to apprehend the sp●●se●s as enemies to the king and kingdom , and marching with banners displayd , was not then reputed high treason or rebellion against the king , though it were by way of offence , not of defence , and without any authority of parliament : for there is not one word of treason or rebellion in this act , or in the charter of pardon pursuing it : and if it had beene high treason , this act and charters on it extending onely to fellonie and trespasses not to treasons and rebellions , would b not have pardoned these transcendent capita●l crimes . secondly , that the unlawfull outrages , robberies , and murders committed by the souldiers on the kings leige people , and not on the two spensers the sole delinquents , were the occasion of this act of oblivion and pardon , not the armed pursuing of them , when they had gotten above the reach of law. thirdly , that though this were an offensive not defensive warre , made without common assent of parliament , and many murthers , robberies , and misdemeanors committed in the prosecution of it upon the kings leige people who were no delinquents ; yet being for the common good to suppresse and banish these ill councellors , enemies , traytors to king and kingdome , the king and parliament though it such a publicke service as merited a pardon of these misdemeanors in the carriage of it , and acquitted all who were parties to it , from all suites and punishments . all which considered , is a cleare demonstration , that they would have resolved our present defensive warre , by authoritie of both houses , accompanied with no such outrages as these ; for the apprehension of such as have beene voted traytors and delinquents by parliament , and stand out in contempt against its justice , for the defence of the priviledges and members of parliament , the liberties and properties of the subject , the fundamentall lawes of the realme , the protestant religion now indangered by papists up in armes in england and ireland to extirpate it , and the removing ill counsellors from his majestie ; to be no high treason , rebellion or offence at all against the king , but a just and lawful act , the very miscarriages wherof in the generall ( except in such disorderly souldiers for whom martiall law hath provided due punishments ) deserve a publike pardon both from king and kingdome . and to put this out of question ; as no fancie of mine owne , we have an expresse act of parliament , resolving the taking up of armes by the queene , prince , ( both but subjects and capable of high treason in such a case as well as others ) the nobles and people of the realme against these two spensers and other ill counsellors about this king in the last yeare of his raigne , ( though the king himself were in their company , and taken prisoner by the forces raised against them , ) for the necessary preservation , reliefe , and safety of the queene , prince , nobles , kingdome , to be no high treason nor offence at all : namely , the statute of . e. . c. . . . which i shall recite at large . whereas hugh spenser the father , and hugh spenser the sonne , late at the suite of thomas then earle of lancaster and leycester , and steward of england , by the common assent and vote of the peers and commons of the realme , and by the assent of king edward father to our soveraigne lord the king , that now is , as traitors & enemies of the king , & of the realme , were exled , disinherited and banished out of the realme for ever . and afterward the same hugh by evill councell , which the king had about him , without the assent of the peeres and commons of the realme , came againe into the realme : and they with other pro●●cured the said king to pursue the said earle of lancaster , and other great men and people of the realme , in which pursuite the said earle of lancaster and other great men and people of the realme , were willingly dead and disinherited , and some outlawed , banished , and disinherited ; and some disinherited and imprisoned , and some ransommed and disherited : and after such mischiefe the said hugh and hugh master rob●rt baldocke and edmo●d earle of arundell usurped to them the royall power , so that the king nothing did , nor would doe , but as the said hugh and hugh , robert and edmond earle of arundell did councell him , were it never so great wrong ▪ during which usurpation , by duresse and force against the will of the commons , they purchased lands , as well by fines levied in the court of the said edward , as otherwise and whereas after the death of the said earle of lancaster , and other great men , our soveraigne lord the king that now is , and dame isabel queene of england , his mother , by the kings will and common councell of the realme , went over to franc● , to treate of peace betweene the two realmes of england and france , upon certaine debates then moved . the said hugh and hugh , robert and edmond earle of arundell continuing in their mischiefe , encouraged the king against our soveraigne lord the king that now is , his sonne , and the said queene his wife , and by royall power which they had to them encroached , as afore is said , procured so much grievance by the assent of the said king edward , to our soveraigne lord the king that now is , and the queene his mother , being in so great jeopardy of themselves in a strange country , and seeing the destruction , dammage , oppressions , and distractions which were notoriously done in the realme of england , upon holy church , prelates , earles barons , and other great men , and the commonalty by the said hugh and hugh , robert and edmond earle of arundell by the encroaching of the said royall power to them , to take as good councell therein as they might . and seeing they might not remedie the same unlesse they came into england , with an army of men of warre ; and by the grace of god with such puissance , and with the helpe of great men and commons of the realme , they have vanquished and destroyed the sayd hugh and hugh , robert and edmond : wherefore our soveraigne lord king edward that now is , at his parliament holden at westminster , at the time of his coronation , the morrow after candlemas , in the first yeare of his reigne , upon certaine petitions and requests made unto him in the said parliament upon such articles above rehearsed , by the common councell of the prelates , earles , barons , and other great men , and by the commonalty of the realme , there being by his commandment , hath provided , ordained and stablished in forme following . first , that no great man , or other of what estate , dignity , or condition he be , that came with the said king that now is , and with the queene his mother into the realme of england , and none other dwelling in england , who came with the said king that now is , and with the queene , in ayde of them to pursue their said enemies in which pursuite the king his fat●er was taken and put in ward , and yet remaineth in ward , shall not be molested impeached or g●ieved in person or goods , in the kings court , or other court , for the pu●suite of the said king , taking and with holding of his body , nor pursu●te of any other , nor taking of their persons , goods , nor death of any man , or any other things perpetrate or committed in the said pursuite , from the day the said king and queene did arme , till the day of the coronation of the same king : and it is not the kings minde , that such offenders that committed my trespasse or other offence out of the pursuites should goe quit , or have advantage of this statute , but they shall be at their answere for the same at the law. item , that the repeale of the said exile which was made by dures and force be adnulled for evermore , and the said exile made by award of the peeres and commons , by the kings assent as before is said , shall stand in his strength in all points , after the tenure of every particular therein contained . item , that the executors of the testament of all those that were of the same quarrell dead , shall have actions and recover the goods and chattels of them , being of the said quarrell , whose executors they be ; as they of the same quarrell should , &c. certainely here was an higher pursuite and levying warre against the king and his evill councellors , then any yet attempted by this parliament ; and a warre rather offensive , then defensive , in which the king himself was both taken and d●t●ined priso●●r , and then forced to resigne his crowne to his sonne ; yet this is here justified , as a necessary , just and lawfull warre by an act of parliament , never yet repealed ; and all that bare armes against the king and his ill councellors , yea they who pursued , apprehended , and imprisoned the king himselfe , are , as to this particular , discharged by the king , and whole parliament from all manner of guilt , or punishment , or prosecution whatsoever against them . which consideration mak●s me somewhat confident , that this king and the parliament held in the . yeare of his raigne , ch . . which declares it high treason , to levie warre against the king in his realm● , did never intend it of a necessary defensive warre against a seduced king and his evill councellors ( especially by the votes of both houses of parliament , who doubtlesse would never passe any act to make themselves , or their posteritie in succeeding parliaments , traytors , for taking up meere necessary defensive armes for their owne , and the kingdomes preservation ) for that had beene diametra●ly contrary to this statute , made in the very first yeare and parliament of this king ; and would have l●yd an aspertion of high treason upon the king himself , the queene his mother , their own fathers , and many of themselves ; who thus tooke up armes and made a defensive kinde of warre upon king ●dwar● the d , taking him p●isoner : but onely to rebellious insurrections , of private persons , without any publick authority of parliament , or the whole kingdome in generall ; and of meere offensive warres against the king without any just occasion , hostilitie or violence on the kings part , necessitating them to take up defensive armes : which i humbly submit to the judgement of those grand rabbies and sages of the law , and the honorable houses of parliament , who are best able to resolve , and are the onely iudges to determine this point in controversie , by the expresse letter and provision of . ed. . ch . . of treasons . in the c first yeare of king richard the d. iohn mercer a scot , with a navie of spanish , scottish & french ships much infested the marchants and coasts of england ●aking many prises without any care taken by the king , lords , or councell to resist them . whereupon iohn philpot a rich merchant of london , diligently considering the defect , that i say not treachery of the duke of i ancaster , and other lords who ought to defend the realme , and gri●ving to see the oppressions of the people , did at his proper charge hire a thousand souldiers and set out a fleete , to take the said mercers ships , with the goods he had gotten by pyracie , and defend the realme of england from such incursions : who in a short time tooke mercer prisoner , with . spanish ships , and all the booties he had gained from the english : whereat all the people rejoyced exceedingly , commending and extolling philpot for the great love he shewed to his countrey , and casting out some reproachfull words against the nobles and kings councell who had the rule of the kingdome and neglected its defence : whereupon the nobility , earles and barons of the realme , conscious of this their negligence , and envying philpot for this his noble praise-worthy action , began not onely secretly to lay snares for him , but openly to reproach him , saying : that it was not lawfull for him to doe such things without the advise or councell of the king and kingdome : quasi non licuisset benefacere regi vel regno sine consilio comitum & baronum : ( writes walsingham ) as if it were not lawfull to doe good to the king or kingdome , without the advise of the earles and barrons , or lords of the privie councell . to whom objecting these things , and especially to hugh earle of stafford , who was the chiefe prolocutor and spake most against it , iohn philpot gave this answere : know for certaine , that i have destinated my money , ships , and men to sea to this end , not that i might deprive you of the good name and honour of your militia , or warlike actions , and engrosse it to my selfe , but pittying the misery of my nation and country , which now by your sloathfulnesse , of a most noble kingdome , and lady of nations , is devolved into so great misery , that it lyeth open to the pillage of every one of the vilest nations , seeing there is none of you , who will put your hand to its defence . i have exposed me and mine therefore for the salvation of my proper nation , and fr●eing of my country . to which the earle and others had not a word to reply . from this memorable history and discourse ( which i have translated verbatim ●ut of walsingham , ) i conceive it most evident , that in the default of king and nobles , it is lawfull for the commons and every particular subject without any commission from the king or his councell , in times of iminent danger , to take up armes and raise forces by sea or land to defend the king and his native country against invading enemies ; as philpot did , without offence or crime . then much more may the houses of parliament , the representative body of the whole kingdome , and all private subjects by their command , take up necessary defensive armes against the kings popish and malignant forces to preserve the king , kingdome , parliament , people from spoyle , and ruine . in c the . yeare of king richard the d. there arose a great difference betweene the duke of lancaster , & the king & his young complices , who conspired the dukes death ; agreeing sodainely to arrest and arraigne him before robert trisilian chiefe iustice , who boldly promised to passe sentence against him , according to the quality of the crimes objected to him . vpon this the duke having private intelligence of the●r treachery , to provide for his owne safety , wisely withdrew himselfe , and posted to his castleat ponfract , storing it with armes and victualls . hereupon not onely a private but publicke discord was like to ensue ; but by the great mediation and paines of ione the kings mother , an accord and peace was made betweene them : and this defence of the duke by fortifying his castle with armes against the king and his ill instruments for his owne just preservation , held no crime . if such a defence then were held just and lawfull in one particular subject and peere of the land onely , much more must it be so in both houses of parliament , and the kingdome , in case the kings forces invade them . in the e th yeare of king richard the second this unconstant king being instigated by michael de la pole , robert vcere duke of ireland , alexander nevill archbishop of yorke , robert trysilian , and other ill councellors and traytors to the kingdome , endeavoured to seize upon the duke of glocester , the earles of arundell , warwicke , derby , notingham , and others who were faithfull to the kingdome , and to put them to death , having caused them first to be indighted of high treason at nottingham castle , and hired many souldiers to surprise them : hereupon these lords for their owne just defence , raised forces and met at harynggye parke with a numerous army : whereat the king being much perplexed , advised what was best for him to do . the archbishop of yorke and others of his ill councell , advised him to goe forth and give them battle ▪ but his wisest councellors disswaded him , affirming , that the king should gaine no benefit if hee vanquished them , and should sustaine great dishonour and losse if he were conquered by them . in the meane time hugh linne an old souldier , who had lost his senses , and was reputed a foole , comming in to the councell , the king demanded of him in jest , what hee should doe against the nobles met together in the saide parke ? who answered ; let us goe forth and assault them , and slay every mothers sonne of them , and by the eyes of god , this being finished , thov hast slaine all the faithfvll friends thov hast in the kingdome . which answere , though uttered foolishly ; yet wise men did most of all consider . at last is was resolved by the mediators of peace , that the lords should meete the king at westminster , and there receive an answere to the things for which they tooke armes ; thither they came strongly armed with a great guard , for feare of ambuseadoes to intrap them : where the chauncellour in the kings name spake thus to them . my lords , our lord the king hearing that you were lately assembled at harenggye parke in an unusuall manner ; would not rush upon you as he m●ght have easily done , had he not had care of you , and those who were with you : because no man can doubt , if he had raised an army , he would have had many more men than you , and perchance much ● lood of men had beene spilt , which the king doth most of all abhorre , and therefore assuming to himselfe patience and mildnesse , he hath made choyce to convent you peaceably , and to tell him the reason why you have ass●mbled so many men . to which the lords answered , that they had met together for the good of the king and kingdome ; and that they might pvll away those traitors from him , which he continvally det ained with him . t●e traytors they appealed were the foresaid ill councellors , and nicholas brambre the false london knight : and to prove this appeale of them true , casting down their gloves they said they would prosecute it by duell : the king answered ; this shall not be done now , but in the next parliament , which we appoint to be the morrow after the purification of the blessed virgin , to which as well you as they comming , shall receive satisfaction in all things according to law. the lords for their owne safety kept together till the parliament , and in the meane time d●feated the forces of the duke of ireland , raised privately by the kings command to surprise them . the parliament comming on in the . yeare of richard the second : these ill councellors were therein , by speciall acts attainted , condemned of high treason , and some of them executed ; and these defensive armes of the lords , for their owne and the kingdomes safety , adjudged and declared to be no treason : but a thing done to the honour of god , and salvation of the king and his realme : witnesse the expresse words of the printed act of r. . c. . which i shall transcribe . our soveraigne lord the king amongst other petitions and requests to him made by the commons of his said realme in the said parliament , hath received one petition in the forme following . the commons prayed , that whereas the last parliament for cause of the great and horrible mischiefes and perills which another time were fallen by evill governance which was abovt the kings person , by all his time before by alexander late archbishop of yorke , robert de veere late duke of ireland , michael de la pole late earle of suffolk , rober trisilian , late iustice , and nicholas brambre knight , with other their adherents , and others , whereby the king and all his realme , were very nigh to have beene wholly undone and destroyed and for this cause , and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same parliament , with a commission to diverse lords , for the weale , honour and safeguard of the king , his regalty and of all the realme , the tenour of which commission hereafter followeth : richard , &c. as in the act. and thereupon the said alexander , robert , mighill , robert , and nicholas and their said adherents , seeing that their said evill governance should be perceived , and they by the same cause more likely to be punished by good justice to be done , and also their evill deedes and purposes before used to be disturbed by the sayd lords assigned by commission as afore ; made , conspired , & purposed divers horrible treasons , and evils against the king , and the said lords so assigned , and against all the other lords and commons , which were assenting to the making of the said ordinance and commission , in destruction of the king , his regalty , and all his realme . whereupon thomas duke of glocester the kings vncle , richard earle of arundle , and thomas earle of warwicke , perceiving the evill purpose of the sayd traytors , did assemble themselves in forcible manner for the safety of their persons , to shew and declare the said treasons and evill purposes , and thereof to set remedie ; as god would , and came to the kings presence , affirming against the said . traytors appealed of high treason , by them done to the king , and to his realme : upon which appeale the king our soveraigne lord , adjourned the said parties till this present parliament , and did take them into his safe protection , as in the record made upon the same appeale fully appeareth . and afterwards in gre●t rebellion , and against the said protection , the said traytors , with their said adherents and others aforesaid , continuing their evill purpose , some of them assembled a great power ( by letters and commission from the king himselfe , as walsingham and others write ) to have destroyed the said duke and earles appellants , and other the kings lawfull leige people , and to accomplish their treasons and evill purposes aforesaid . whereupon the said duke of glocester , henry earle of darby , the sayd earles of arundell and warwicke , and thomas earle marshall , seeing the open destruction of the king and all his realme , if the said evill purposed traitors and their adherents , were not disturbed , which might not otherwise have beene done , but with strong hand ; for the weale and safeguard of the king our soveraigne lord , and of all his realme , did assemble them forcibly , and rode and pursued till they had disturbed the said power gathered by the said traytors , and their adherents aforesaid , which five traytors be attainted this present parliament of the treasons and evills aforesaid , at the suite and appeale of the said duke of glocester , earles of darby , arundle , warwicke , and marshall . that it would please our redoubled soveraigne lord the king to accept , approve , and affirme , in this present parliament , all that was done in the last as afore , and as much as hath beene done since the last parliament by force of the statute , ordinance , or commission aforesaid ; and also all that the said duke of gloc●ster earles of arun●ell and warwicke did ; and that the same duke and earles , and the said earles of derby , and marshall or any of them did , or any other of their company or of their ayde , or of their adherents , or of any of them , or touching the assemblies , ridings , appeales , and pursuites aforesaid , ● as a thing made to the honour of god , salvation of the king , maintenance of his crowne , and also of the salvation of all his realme ( therefore doubtlesse no treason rebellion , nor any offence in point of law : ) and also to or 〈◊〉 and st●bl●sh , that ' the said duke of gl●c●ster , earles of darby , arundell , w●rwicke and marshall , nor none of them , nor none of such as have beene of their returne , or company , force , ayde or councell , or any of them in the things aforesaid , nor none other person for any thing aforesaid shall be impeached , molested , or grieved at the suite of the king , nor of the party , nor in other manner , because of any assembly , riding , beating , levying of penons , or of banners , discomfiture , death of a man , imprisonment of any person , taking , leading away , or detinue of any horses or of any other beasts , taking or carriage of goods , harnesse , armour , cattle , and other movable goods , breaking of houses , or of other possessions or goods , assault , battery , robberies , thefts , comming or tarrying with force and armes , or armed in the kings presence at the parliament , or councell , or else where . raysing of people , or exciting the people to rise forcibly against the peace by letters , commissions , or any other deeds , or of any other thing that may be surmised by them , or any of them , or ought or purposed to have beene done from the beginning of the world , touching any of the said matters before the end of this present parliament by any imagination , interpretation , or other colour , but shall bee quit and discharged for ever : except that the king be answered of all the goods , and cattels that were to them which be attainted in this present parliament , or to any of them , and which goods and things were taken by any person the first day of ianuary last past , or after hitherto . we considering the matter of the said petition to be true , and the request of the said commons in this party * to be to the honour of god , and the profit of us and our realme , of the assent of the prelates , dukes , earles , barrors and all others of this present parliament , doe garnt the requests of the said commons in all points , after the forme of the said petition . and moreover of the assent aforesayd , we will and grant for the greater quietnesse of our said realme , though that the said duke or earles appellants , or any other of their company , retinue , force , ayde , councell or adherents , or any of them have taken , led away , or withholden any of our iusticers , or any other of our ministers , in disturbance of execution of the law of our realme of england , or in other manner , or that they have taken any manner of person as traitors to us or to our realme , or other person , and the same have voluntarily suffered to goe at large , or escape beyond the sea from the th day of novemb. last past , till the end of this present parliament ; that they nor any of them be for this cause impeached , molested , nor grieved any manner of way at the suite of us , our heires , nor none other party , but thereof they shall be quit , and discharged for ever ; nor that they nor any of them be in any wise molested , grieved , nor impeached at the suite of us , our heires , or other party for any thing done at any time for to a taine to their purpose against the said appealers or any of them , or against any other person for this cause , nor for any other thing or deed to affirme the same purposes , till the end of this present parliament , but thereof shall be acquitted . ; this act with others made the same parliament continued inviolable without dispute for . yeers space , during w ch there were . more parliaments held w ch approved in but it : r. . the king having f violently seised upon the duke of glocester & the earles of warwicke and arundell , and packed a parliament to his minde , by not summoning any lords thereto but those of his party , by causing divers knights and burgesses of his own nomination , never chosen by the people , to be returned in divers places , and overawing the rest with a guard or . cheshire archers , caused these lords to be illegally attainted of treason upon fained pretences , out of this old grudge , and the acts of this parliament to be reversed ; yet not this act , as i conceive , which is part of it , being specially saved by . r. . c. . but however by the statute of h. . c. . . the parliament of . was wholly repealed , reversed , revoked , voyded , undone and anulled for ever , with all the acts , circumstances , and dependants thereof : and this parliament of . r. . enacted to be firmely holden and kept after the purport and effect of the same ; as a thing made for the great honour and common profit of the realme , and ch . . it is ordained and assented , that the lords and other which were forejudged in the parliament holden the said . yeare , or by authority of the same , which now be in life , and the heires of the lords and others that be dead , shall be wholly restitute and restored to their names , all manner of inheritaments and possessions , reversions , fees , reversions , offices , liberties , and franchises as intirely as the said lords and others which be in life , or the lords and other which be dead , ancestors of the heires , or the feoff●es of the said lords or other aforesaid , or other feoffees to their use , were at the time of the judgement given against them , the said yeare , by entrie , without other suite thereof to be made , or livery to be had of the same . and all the goods and chattels which were the said lords , or the other persons aforesaid so forejudged , whereof the king is not answered , and be in the hands of the sheriffes , escheators , or other officers , ministers , or any other and concealed by them , the king wills and granteth , that the same lords and other which now be in life , and the executors , and administrators of them that be dead ; shall have thereof delivery and restitution ; and that the sheriffes , escheators , officers and ministers so occupying the said goods and chattels by such concealment , bee punished for the same concealement . so that by the expresse resolution of these two severall parliaments , these lords and commons taking up defensive armes and making war against those wicked councellours of this king which sought their ruine , and endeavoured the destruction of the realme ( though they had the kings presence and commissions to countenance all their actions and proceedings of this nature , and the lords wanted the ordinances of both houses to authorize this their arming , and war ) was solemnely declared and adjudged , to be no treason nor rebellion at all , nor levying of warre against the king , within the statute of . e. . but contrarywise ; a thing done to the honour of god , the salvation of the king , ( for if the kingdome perish or miscarry , the king as king must needs perish with it ) the maintenance of his crowne , ( supported onely by the maintenance of the kingdomes welfare ) and the salvation and common profit of all the realm : and this being one of the first solemne judgements ( if not the very first ) given in parliament after the making of the statute of e. . which hath relation to its clause of levying war , must certainely be the best exposition of that law : which the pa●liament onely ought to interpret , as is evident by the statute of . r. c. . ( it is ordained and stablished , that every man which , &c. or he th● raiseth the people and riseth against the king to make warre within his realme ; and of h●t be duly attainted and judged in the parliament shall be judged as a traytor of high treason against the crowne , ) and other forecited acts : and if this were no treason , nor rebellion , nor trespasse in the barons against the king or kingdome ; but a warre for the honour of god , the salvation of the king , the maintenance of his crowne , the safety and common profit of ●ll the realme ; much more must our parliaments present defensive warre against his majesties 〈◊〉 councellors , papists , malignants , delinquents , and men of desperate fortunes , risen up in armes against the parliament , lawes , religion , liberties , the whole kingdomes peace and welfare , be so too ; being backed with the very same , and farre better , greater authority , and more publike reasons then their warre was , in which the safety of religion was no great ingredient , nor the preservation of a parliament from a forced dissolution , though established and perpetuated by a publike law. king henry the th . taking up armes against king richard , and causing him to be articled against , and judicially deposed in and by parliament for his male-administration ; it was enacted by the statute of . hen. . cap. . that no lord spirituall nor temporall , nor other , of what estate or condition that he be , which came with king henry into the realme of england , nor none other persons whatsoever they be , then dwelling within the same realme , and which came to this king in aide of him , to pursue them which were against the kings good intent , and the common profit of the realme , in which pursuite richard late king of england , the second after the conquest , was pursued taken and put in ward , and yet remaineth in ward , be impeached , grieved , nor vexed in person , nor in goods , in the kings court , nor in none other court , for the pursuites of the said king , taking and with-holding of his body , nor for the pursuits of any other , taking of persons and cattells , or of the death of a man , or any other thing done in the said pursuite , from the day of the said king that now is arived , till the day of the coronarion of our said soveraigne lord henry . and the intent of the king is not , that offendors which committed trespasses , or other offences out of the said pursuits , without speciall warrant , should be ayded , nor have any advantage of this statute , but that they be thereof answerable at the law. if those then who in this offensive warre assisted henry the th . to apprehend , and depose this perfidious , oppressing tyrannicall king , seduced by evill counsellors and his owne innate dis-affection to his naturall people , deserved such an immunity of persons and goods , from all kinds of penalties , because though it tended to this ill kings deposition , yet in their intentions it was really for the common profit of the realme , as this act defines it . no doubt this present defensive warre alone against papists , delinquents , and evill counsellors , ( who have miserably wasted , spoiled , sacked many places of the realme , and fired others in a most barbarous maner , * contrary to the law of armes and nations , and labour to subvert religion , laws , liberties , parliaments , and make the realm a common prey ) without any ill intention against his majesties person , or lawfull royall authority , deserves a greater immunity ; and can in no reasonable mans judgement , be interpreted any treason , or rebellion against the king , or his crowne , in law or conscience . in g the . yeare of king henry the th . ( a weake prince wholly gui●ed by the queene and duke of somerset , who ruled all things at their wills , under whose government , the greatest part of france was lost ; ) all things went to ruine both abroad and at home ; and the queene ( much against the lords and peoples mindes . ) preferring the duke of sommerset to the captain ship of calice , the commons and nobility were greatly offended thereat , saying , that he had lost normandy , and so would he doe calice . hereupon the duke of yorke , the earles of warwicke and salisbury , with other their adherents , raised an army in the marches of wales , and marched with it towards london , to suppresse the duke of sommerset with his faction , and reforme the governement . the king being credibly informed hereof , assembled his host , and marching towards the duke of yorke and his forces , was encountred by them at saint albanes , notwithstanding the kings proclamation to keepe the peace ; where in a set battell , the duke of somerset , with divers earles , and . others were slaine on the kings part , by the duke of yorke , and his companions , and the king in a manner defeated . the duke after this victory obtained , remembring that he had oftentimes declared and published abroad ; the onely cause of this war to be , the advancement of the pvblike weale , and to set the realme in a more commodiovs state and better condition ; vsing all lenity , mercy , and bounteousnesse , would not once touch or apprehend the body of king henry , whom he might have slaine , and utterly destroyed , considering that hee had him in his ward , and governance ; but with great honour and due reverence , conveyed him to london ; and so to westminster : where a parliament being summoned and assembled soone after ; it was therein enacted , that no person should either judge or report any point of untruth of the duke of yorke , the earles of salisbury and warwicke , for comming in warlike manner against the king at saint albanes , considering that their attempt and enterprise , was onely to see the kings person in safeguard and sure-keeping , and to put and alien from him the publike oppressors of the common wealth ; by whose misgovernance , his life might be in hazard , and his authority hang on a very small thred . after this , the h duke , an● these earles raised another army , for like purpose , and their owne defence in the and yeares of h. . for which they were afterwards , by a packed parliament at coventree , by their enemies procurement , attainted of high treason , and their lands and goods confiscated . but in the parliament of . h. . cap. . the said attainder , parliament , with all acts and statutes therein made , were wholly reversed repealed , annulled ; as being made by the excitation and procurement of seditious ill disposed persons for the accomplishment of their owne rancor and covetousnesse , that they might injoy the lands , offices , possessions , and goods of the lawfull lords and liege people of the king ; and that they might finally destroy the said lawfull lords , and liege people , and their issues and heires forever ( as now the kings ill ●ounseilors , and hungry cavalleers seek to destroy the kings faithfull liege lords and people , that they may gaine their lands and estates ; witnesse the late intercepted letter of sir iohn b●ooks , giving advise to this purpose to his majestie : ) and this assembly was declared ; to be no lawful parliament , but a devillish counsell , which desired more the destruction then advancement of the publike weale ; and the duke , earles , with their assistants were restored , and declared to be faithful and lawful lords , and faithful liege people of the realme of england , who alwaies had great and fathfull love to the preferrement and surety of the kings person , according to their duty . if then these two parliaments acquitted these lords and their companions , thus taking up armes , from any the least guilt of treason and rebellion against the king , because they did it onely for the advancement of the publike weale , the setting the realme in a better condition the removing ill counsellors ; and publike oppressors of the realme from about the king , and to rescue his person out of their hands : then questionlesse by their resolutions , our present parliaments taking up defensive armes , upon the selfe-same grounds , and other important causes ( and that by consent of both houses , which they wanted ) can be reputed no high treason nor rebellion against the king in point of law ; and no just , no rationall iudge or lawyer can justly averre the contrary , against so many forecited resolutions in parliament , even in printed acts. the i earle of richmund , afterward king henry the seventh , taking up armes against richard the third , ( a lawfull king , de facto , being crowned by parliament ; but an vsurper and bloody tyrant in verity ; ) to recover his inheritance , and title to the crowne , and ease the kingdome of this unnaturall blood-thirsty oppressor , before his fight at boswell field , used this oration to his souldiers , pertinent to our purpose . if ever god gave victory to men fighting in a just quarrell ; or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive countrey : or if he ever succoured them which adventured their lives for the reliefe of innocents , suppression of malefactors , and apparent offenders ; no doubt , my fellowes and friends , but he of his bountifull goodnesse will this day send us triumphant victory , and a lucky revenge over our proud enemies , and arrogant adversaries ; for if you remember and consider the very cause of our just quarrel , you shall apparently perceive the same to be true , godly , and vertuous . in the which i doubt not but god will rather ayde us , ( yea , and fight for us ) then see us vanquished , and profligate by such as neither feare him , nor his lawes , nor yet regard iustice and honesty . our cause is so just , that no enterprise can be of more vertue , both by the laws divine and civill , &c. if this cause be not just , and this quarrell godly , let god , the giver of victory judge and determine , &c. let us therefore fight like invincible gyants , and set on our enemies like untimorous tygers , and banish all feare like ramping lyons . march forth like strong and robustious champions , and begin the battaile like hardy conquerors ; the battell is at hand , and the victory approacheth , and if wee shamefully recule , or cowardly fly , we and all our sequele be destroyed ▪ and dishonoured for ever . this is the day of gaine , and this is the time of losse ; get this dayes victory , and be conquerours ; and lose this dayes battell , and bee villaines . and therefore in the name of god , and saint george , let every man couragiously advance his standard : they did so , flew the tyrannicall vsurper , wonne the field ; and in the first parliament of his raigne , there was this act of indemnity passed , that all and singular persons comming with him from beyond the seas into the real●e of england , taking his party and quarrell , in recovering his just title and right to the realme of england ▪ shall be utterly discharged , quit , and unpunishable for ever , by way of action , or otherwise , of or for any murther , slaying of men , or of taking and disporting of goods , or any other trespasses done by them , or any of them , to any person or persons of this his realme against his most royall person , his banner displayed in the said field , and in the day of the said field , &c. which battell though it were just , and no treason nor rebellion in point of law in those that assi●ted king henry the th . against this vsurper ; yet because the killing of men , and seising their goods in the time of warre , is against the very fundam●ntall lawes of the realme , they needed an act of parliament to discharge them from suits and prosecutions at the law for the same : the true reason of all the forecited acts of this nature , which make no mention of pardoning any rebellions or treasons against the king , ( for they deemed their forementioned taking up of armes no such offences ) but onely discharge the subjects from all suites , actions , and prosecutions at law for any killing or slaying of men , batteries , imprisonments , robberies and trespasses , in seising of persons , goods , chartels . what our princes and state have thought of the lawful●esse of necessary defensive warres of subjects against their oppressing kings and princes , appeares by those aides and succours which our kings in former ages have sent to the french , flemmings , almaines , and others , when their kings and princes have injuriously made warres upon them , and more especially , by the publike ayde and assistance which our i queene elizabeth and king iames by the publike advise and consent of the realme , gave to the protestants in france , germany , bohemia , and the netherlands against the king of france , the emperour , and king of spaine , who oppressed and made warre upon them , to deprive them of their just liberties and religion , of which more hereafter . certainely , had their defensive warres against their soveraigne princes to preserve their religion , liberties , priviledges , beene deemed treason , rebellion , in point of law : queene elizabeth , king iames , and our english state , would never have so much dishonoured themselves , nor given so ill an example to the world , to patronize rebells or traitours ; or enter into any solemne leagues and covenants with them as then they did , which have been frequently renued and continued to this present . and to descend to our present times ; our king charles himself hath not onely ( in shew at least ) openly aided the french protestants at ree and rochel against their king who warred on them ; the germane princes against the emperour ; the hollanders , and prince of o●a●ge , ( to whose sonne hee hath married his elstest daughter ) against the spaniard , and entred into a solemne league with them , ( which hee could not have done in point of law , iustice , honour , conscience , had they beene rebells or traytors , for standing on their guards , and making defensive warres onely for their owne and their religions preservation ; ) but likewise by two severall publike k acts of parliament , the one in england , the other in scotland , declaring , the scots late ●aking up armes against him and his evill counsellors , in defence of their religion , law●s , priviledges , to be no treason , nor rebellion ; and them to bee his true and loyall subjects ( notwithstanding all aspertions cast upon them by the prelaticall and popish party ) because they had no ill or disloyall intention at all against his majesties person , crowne , and dignity , but onely a care of their owne preservation , and the redresse of th●se enormities , pressures , grievances in church and state , which threatn●d desolation unto both . if then their seizing of the kings fortes , ammunition , revenues , and raising an army for the foresaid ends , hath by his majesty himselfe , and his two parliaments of england and scotland , beene resolved and declared to be no treason , no rebellion at all against the king ; by the very same , ( or better reason , all circumstances duely pondered ) our parliaments present taking up armes and making a defensive warre for the endes aforesaid , neither is , nor can be adjudged treason or rebellion , in point of law or iustice. in fine , the king himself in his l answer to the . propositions of both houses , iune . . confesseth , and calleth god to witnesse : that a● the rights of his crowne are vested in h●m for his subjects sake : that the prin●e may not make use of his high and perpetuall power to the hurt of those , for whose good he hath it ; nor make use of the name of publike necessity , for the gaine of his private favourites and followers , to the detriment of his people ; that the house of commons may impeach those , who for their owne ends , though countenanced with any surreptitiously gotten command of the king , have violated that law , which he is ●ound ( when he knowes it ) to protect , and to protection of which they were bound to advise him , at least , not to serve him in the contrary ( let the cavalleers and others consider this : ) and the lords being trusted with a iudiciary power , are an excellent screene and banke betweene the king and people , to assist each against any incroachments of the other ; and by just iudgements to preserve that law , which ought to be the rule of every one of the three . therefore the power legally placed in both houses , being more then sufficient to prevent and restraine the power of tyranny ; by his majesties owne confession ; it must needs be such a power as may legally inable both houses , ( when armes are taken up against them , by the king or any other , to subvert lawes , liberties , religion , and introduce an arbitrary government ; ) not onely to make lawes , ordinances , and assessements , but likewise to take up armes to defend and preseve themselves , their lawes , liberties , religion , and to prevent , restraine all forces raysed against them , to set up tyranny ; else should they want not onely a more then sufficient , but even a sufficient necessary power , to prevent and restraine the power of tyranny ; which being once in armes cannot bee restraned , prevented , repulsed , with petitions , declarations , lawes , ordinances , or any paper bulwarkes and fortifications , or other such probable or possible meanes within the parliaments power , m but onely by armes and militarie forces , as reason and experience in all ages manifest . from all which pregnant punctuall domesticke authorities and resolutions of ancient , moderne , and present times , i presume i may infallibly conclude ; that the parliaments present taking up necessary defensive armes , is neither , treason , nor rebellion , in iudgement of law ; but a iust and lawfull act , for the publicke benefit and preservation of king , kingdome , parliament , lawes , liberties , religion ; and so neither their generall , souldiers , nor any person whatsoever imployed by them in this war , or contributing any thing towards its maintenance , are or can be legally indicted , prosecuted , or in any manner proceeded against as traitors , rebels , delinquents against the king or kingdome ; and that all proclamations , declarations , indictments , or proceedings against them , or any of them , as traitors , rebels , or delinquents , are utterly unlawfull , uniust , and ought to be reversed as meere nullities . it would be an infinite tedious labour for me to relate , what civilians and canonists have written concerning warre , and what warre is just and lawfull , what not : in briefe , they all generally accord ; n that no warre may or ought to be undertaken cut of covetousnesse , lust , ambition , cruelty , malice , desire of hurt , revenge , or fer booty : propter praedam enim militare peccatum est ; whence iohn baptist , luke . . gave this answer to the souldiers who demanded of him , what shall we doe ? doe violence to no man : neither accuse any man falsly ; and be content with your wages . ne dum sumptus quaeritur , praedo grassetur . which prooves the warres of our plundring , pillaging cavalleers altogether sinnefull and unjust : and that such a warre onely is just , which is waged for the good and necessary defence of the common-wealth , by publike edict or consent ; or to regaine some thing , which is unjustly detained or taken away , and cannot otherwise be acquired : or to repell or punish some injury ; or to curbe the insolency of wicked men , or preserve good men from their uniust oppressions ; which warres ought onely to be undertaken out of a desire of peace ; as they prove out of augustine , gregory , isidor hispalensis , and others . in one word , they all accord ; that a necessary defensive warre to repulse an injury , and to preserve the state , church , republike , freedomes , lives , chastities , estates , lawes , liberties , religion , from unjust violence , is , and ever hath beene lawfull by the law of nature , of nations ; yea , by all lawes whatsoever , and the very dictate of reason : and that a necessary defensive warre , is not properly a warre , but a meere defence , against an unlawfull viol●nce ; and therefore must of necessitie be acknowledged lawfull ; because directly opposite to , and the onely remedy which god and nature have giuen men against tyrannicall and unjust invasions , which are both sinnefull and unlawfull . and so can be no treason , no rebellion , no crime at all , though our princes or parents be the unjust assail●nts . of which see more in hugo grotius , de iure belli , l. . c. . i shall closeup the civillians and canonists opinions touching the lawfulnesse of a defensive warre , with the words of albericus gentilis , professor of civill law in the vniversitie of oxford , in queene elizabeths raigne , who in his learned booke , de iure bel●i & pacis , dedicated to the most illustrious robert devoreux earle of essex ; ( father to the parliaments present lord generall : ) determines thus , lib. . cap pag. . &c. although , i say , there be no cause of warre from nature , yet there are causes for which we undertake warre by the conduct of nature ; as is the a cause of defence , and when warre is undertaken , because something is denied to to be granted , which nature it selfe affords , and therefore because the law of nature is violated , warre is undertaken . we say there is a three fold defence , one necessary , another profitable , a third honest ; yet wee shall deeme them all necessary . b he who defends himselfe , is said to be necessitated , neither will baldus have us distinguish , whether he defend himselfe , his goods , or those under his charge , whether neere , or remote ; his defence is necessary , c and done for necessary defence , against whom an armed enemy comes , and his against whom an enemy prepares himselfe : and to such a one the same d baldus truly teacheth , ayde is due by compact , whom others likewise approve e . this warre we may say , was anciently undertaken against mithridates , and against his great preparations . neither ought wise men to expect , till he had professed himselfe an enemy , but to looke more into his deeds , then words : thus whiles we say necessity , we speake not properly , but we understand , that necessity which is not rare in humane affaires , and hath wont to bee called neede : which yet precisely is not that true necessity , &c. f it is a most unjust conflict , where the one side being agent , the other is onely patient . there is a just defence , and slaying , although the slayer might flee without danger , and so save himselfe , whether the slayer who defends himselfe be of that condition , that it would be a disgrace to him to flee , or whether it would be no disgrace . g which opinions are received in the causes of private men ; and to mee are much more approved in publike causes . h defence even in bruites is a law of nature : i it is perswaded and constituted in us , not by opinion , but by a certaine imbred faculty : and it is a necessary law ; for what is there ( saith cicero ) that can be done against force , without force ? this is the most approved above all lawes . k all lawes , all rights permit to repell force with force . l there is one law and that perpetuall , to defend safety by all meanes . m all meanes are honest of preserving safety : this , reason to the learued , necessity to barbarians , cust●me to nat●ons , nature it selfe to wilde beasts , hath prescribed ; and this is no written , but borne , or native law. likewise , to defend our estates , is a necessary defence , and this is a just cause of defending , if wee bee assaulted by ●arre , though wee our selves have demerited the warre : which things others , and paulus cas●ensis have taught . and it will follow and adde this reason ; because the law or force of warre is not en●ed by ●btaining the things first demanded ; but walkes according to the conquerers pleasure . n who is content to repay so much revenge onely as he hath received wrong ? saith augustine , and all know it . this arbitrary power all not subdued may justly decline , and therefore defend themselves against it with armes . witnesses , o iudges who are enemies are repelled , although they against whom they proceed gave the cause of the enmity . p to one in armes he gives all things who denies just things : said caesar. neither doe we heare make question of that blamelesse moderation , where there is no superior . these things therefore are avoyded : and therefore the cause of romulus shall be said right to me , who defended himselfe by war against the invading sabines , albeit he had given them cause of warre and offence , by the rape of their women . q the force of necessity is so great , when men are pressed with armes , that those things which are unjust may s●●me most just ; as bodin well , r warre is just , to whom it is necessary ; & pia arma , quibus nulla nisi in armis relinquitur spes : and armes are pious to those to whom no hope is left but in armes . extreame necessity is exempted from all law. and yet i restraine not the present definition , to extreame necessity , or take extreame according to the condition of mens affaires : for be it so , let it be no necessitie , which may be no necessity ; romulus might have avoyded warre by restoring the ravished women ; yet he might likewise defend himselfe against the enemies even soone after marching against him . i stay not in this definition : for that is a question belonging to citizens . * he who being banished may be hurt without danger , yet he may defend himselfe . chap. xiiii . de utili defensione : he proceedes thus , i call that a profitable defence , when we move warre , fearing least we our selves should be warred upon : s no man is sooner oppressed then he which feares nothing , and security is the most frequent beginning of calamity . this first . next , we ought not to expect present force , it is more safe if we meete that which is future . there is more hope and more courage in him that infers force , then in him who repels it : he hath more courage who inferres danger , then he who repulseth it , t livy and vigetius : if the enemie should once prevent , u all things are disturbed with feare ; it behoves them therefore ( saith x nicephorus , an historian of no contemptible authority ) who would live without danger , to meete with , and prevent impendent evills , and not to delay or expect , that thou mayst revenge the received injury with danger , if for the present thou maist cut out the root of the growing plant , and suppr●sse the endeavours of an enemie who thinkes ill . and y suidas , yea demosthenes ; warre is not to be delayed but urged , least being first injured , we be compelled to repulse force . * this ( as the latin de n●sthenes cicer● saith ) is likewise a disgrace , that if thou mayst prevent future thou wouldest rather redresse present evils . that rude youth likewise ( so hath nature it selfe prescribed this law ) z i would rather looke to our selves , then i would be revenged having received injury : a but philo most excellently , that we presently slay a serpent at the first sight , although he hath not hurt us ; nor perchance will hurt us ; so carefull are we of our selves before he move himselfe . am i not over-tedious to thee in naming these authors , which yet are none of ours ? but the consent of various and many authors is great reason , &c. neither yet omit i , things held in lieu of proverbes , and therefore prove much what they signifie . b meete the approaching disease . withstand beginnings ; else medicines are provided over-late . neglected fires are wont to g●t strength . behold something out of the authors of law : c it is better to keepe lawes unviolated , then afterwards to seeke remedy . d it is lawfull to prevent : one providing to offend , i offend lawfully ; and others of this nature , which are more defined to humanity , and approved by mens judgements . e no man ought to expose himselfe to danger : no man ought to expect himselfe to be smitten or slaine unlesse he be a foole . we ought to meete the offence not onely which is in act , but that likewise which is in possibility to act . force is to be repelled and propulsed with force ; therefore not to be expected ; in which expectation there are also both other the foresaid certaine evils , and that likewise which is mentioned in the causes of private men , least perchance by giving the first stroke we be slaine ; or lest we yeeld by flying , and be oppressed lying downe . but not to flye is to repell force : all these things are cleare , and tried , and most apt to warlike tractates . what followes , hath some doubt , when the thing may seeme to come to that passe , that we must now run to this profitable defence . f a just cause of feare is required , suspition is not sufficient . now g a just feare is defined , a feare of a greater evill , and such as may deservedly happen unto a constant man. but here in this great cause of kingdomes , a feare that no dammage should happen although not very great , or if there be an evident cause of feare although the danger be not true , g but the cause onely of feare just , is sufficient : but not when a man feares that he ought not , &c. but concerning prevention there are notable things in i gellius . in all things to be taken heed of , there is not the same cause ; neither in the affaires and actions and offices of humane life ; or of taking , or deferring , or revenging , or bereaving . to a gladiator , ready to fight this lot of fight is propounded ; either to slay , if he shall prevaile , or to beslaine if he shall give over . but the life of man is not circumscribed with such unjust untamed necessities , that therefore thou oughtest first to doe the injury , which unlesse thou shalt doe , thou mayest suffer . and cicero ; k who hath ever enacted this , or to whom can it be granted without the greatest perill of all men , that he might lawfully slay him , of whom he might say he hath beene afraid , lest he himselfe might be slaine afterward by him ? yet rightly , notwithstanding , the mitileins against the athenians . l if we seeme injurious to any , if we have first failed , not tarrying ●till wee might plainely know , if they would doe us any hurt : he doth not rightly consider● for if we had beene of equall power , we m●ght safely lay ambushes for them againe , and we might delay : then he should speake truth : but since they have alwayes wit● them a power of hurting , it beseemed us to have this power , that we might anticipate a defence . why againe doe we aske for bartolusses , or baldusses with whose bare names we might rest satisfied ? and yet doe not more esteeme the defence of a most noble republick , yea of thucidides , a most noble man , and the sentence of a most wise man fortified with reason ? and seeing there may not be one probable cause of feare , and generally nothing can be defined concerning it , here we shall onely say , that it hath alwayes beene very considerable , and at this day , and hereafter it is to be considered , that potent and ambitious princes may be resisted , for they being contented with no bounds will at last sometime or other invade the fortunes of all men . m thus the romans move warre against ph●lip , lest greece being subdued , he should first make warre upon them . thus n lysimachus , when d●metrius had gotten the kingdome , fearing least he should provoke him , first moved warre , for he knew that demetrius had it from his father , alwayes to thinke of promoting the empire . thus the o lacedemonian embassadors , move the king of sicily to warre , because all the rest of the graecians being overcome by persa , he might in like manner stirre up ware against the siculi : men say , by helping us thou maist defend thy selfe . thus the p lacaedemonians themselves , perswaded by the acanthu tooke up warre against the olynthii : who by conquering their neighbours every where , and proceeding alwayes to further parts , they made no end of warres and of encreasing their dominion . thus the q campani for the fidicini against the samnites , and they say . we have fought in word for the fidicini , in deed for our selves : when we saw a neighboring people , to be set upon by the wicked plundering of the samnites : and when the fidicini had beene inflamed , that fire would h●reafter be transferred upon us : which also r herm● crates a just man of syracuse doth any of us thinke , that a neighbour further off being already overcome the calamity will not come upon him also ? thus s perseus , thus metridates did move and call in others against the power of the romans : for neither are occasions of warre wanting to those that aspire to the empire , and now they are hated for their power . which thing t appius somewhere saith to those his romans ; and it appeares most true ; for by ayding their confederates and friends , presently they got the empire of the whole world . but to omit these manifold examples , which even u others have thus noted , and which do thus declare to us the law of nations , which we seeke ; might not all men most justly withstand the turke on that side , and the span●a●d on this , meditating dominion every where and plotting it ? for indeed the turke wrongs not many , nor yet the spaniard , neither can the one or other doe it ; but they both doe injury to some , and he that doth wrong to one , threatens many : shall warres themselves be expected ? we have heard of the turkes before , and we all see it : if any one discernes it not of the spaniards ; x he may heare of p. iovius , that the nature of these are both impotent and greedy of bearing rule ; and when they have once crept in , endeavour alwayes by all meanes to attaine the highest power . y therefore we ought to resist ; and it is z better to beware that men encrease not too much in power , then to seeke remedy afterward against the mighty . a while the enemie is little , kill him . wickednesse lest tares grow , is to be crushed in the seed . why are not these sayings of hierome pertinent even here ? we cannot joyntly resist a common danger : b a common feare unites even those that are most divided and furthest off : and that by the instinct of nature , and our c baldus teacheth out of aristotle ; this is the reason of empyres , that they may not hurt ; as he , whosoever he was , said wel in dionysius , and nothing more true , and uttered as it were from an oracle , * in the judgement of bodin : d it is sufficient to have power to hurt , and that which can destroy others , dee thou destroy first : as aptly here the witty poet ; and truly it is very grievous , that we may possibly suffer an injury although we doe not suffer it : as e plutarch speaketh : and f baldus , that it is lawfull to use meanes for resistance : nor ought it to be in the power of an adversary to hurt us if he would : and that we ought to consider , that which hurteth , and that which can hurt . even the continuing of concord among the elements is this , by g equall proportion , and while in none , one is subdued of the other : ● and this is that , which that most wise , most desirous of peace , and father of peace , laurencius medices procured alwayes , that the affaires of the italian princes should be balanced with equall weights , whence both italy might have peace , which both it had whiles he lived , and was the preserver of this temper ; and which peace ceased when he deceased , and that temperature . the great off-spring of medices , was a great safegard both to his owne city and the rest of italy : doth he not as yet indeavour this , that one should not be able to doe all things , and all europe come under the command of one ? unlesse some be able to resist the spanyard , europe will certainely fall . i if any will pull a middle stone out of the wall , upon which all relies , the rest being carried together will follow . h no , this must never be permitted , that the dominion of any should grow so great , as neither to doubt before so much as of most manifest injustice , which polybius saith , and saith againe : whence hero therefore ayded the carthaginians against the mercenaries , least the carthaginians being oppressed , the romans should be able to doe all things . thus i livie of the diverse conceits of men upon the war of the romans , and perseus , that some favored him , some them , but there was a third part , the best and most prudent , who would have neither part to becom● more powerfull , the other oppressed , for so themselves should be in the best condition , alwayes protecting them from the injuries of the other : and these things ing●niously , marcus cato for the rhodians : who thorow hatred to the romans , k by their good will at least , or wishes had favoured perseus , they would not that we should have conquered the king : but also many other people , and many nations ; and partly not for reproach sake , but because they feared , that if there were no man whom we stood in awe of we might doe what we list , and every one of us , if any thinke any thing to be attempted against his owne estate , doth even with his strength contrarily endeavour that it be not attempted against him . this the embassador of persius had thus discussed before the rhodians , that they ought to endeavour , that the right and power of all things be not devolved to one people . cato adds , that their will ought not to be punished so much , because it ought to be discerned more certainely . l caesar doth not contradict , who thus disputes of raising of warre against king ari●vistus , that he ought to be punished before he became great , or should doe any evill , even because he had a thought to doe them hurt . neither ought this to be understood of the naked thought , and bare will ; but of that which hath assumed the act , declared in another * place ; that king was now fearefull to the romans in france , and his armes threatned danger : caesar therfore wisely and justly thought that there was no further delay to be made , but that he might restraine armes with armes . the n switzers lately very wisely , that they will favour neither the french nor emperor , but would keepe a league with them both , until their armies should not be hurtful to the helveti●● common-wealth . but i conclude , the defence is just which prevents dangers already meditated of , already prepared ; and also not thought upon , but very likely , possible : yet neither this last simply ; or would i call it just , to endeavour this war , as soone as ever any should be made too potent ; which i doe not affirme . for what if any princes power should be increased by successions , by elections ; wilt thou trouble him with warre , because his power may be dangerous to thee ? another thing therefore must be added concerning iustice. we will adde to others , who what they have thought of a just war , attend . chap. xv. of honest defence . it remaines to speake of honest defence , which is undertaken without any feare of danger to us , sought for no want of our owne , for no profit , but onely for other mens sakes , a and it resteth upon this foundation , that ( as marcus tullius saith ) nature hath ordained among men affinity , and love , and good will , and the bond of good will , and that the law of nations is placed in the society of men , which therefore is called by cicero also , b civill . c thus verilie the stoickes would have the city of the whole world to be one , and all men to be commoners , and townesmen ; and like one heard feeding together in a common ground . d all this that thou beholdest , wherein heavenly and earthly things are contained , is one ; and we are members of one great body , and the world it selfe is one e body . but nature hath made u● allyed , seeing she hath begotten us of the same , and in the same , also endewed us with mutuall love , and hath made us ●ociable . e and this our societie is most like the joyning of stones , in a wall ; which would fall , if the stones did not withstand , and uphold one another , as seneca excellently ; and which as f gellius , consisteth , upholden as it were , with a mutuall contrariety and support . g this is the desagreeing concord of things , as horace speakes , and we also before● and now thou hearest that all the world is one body , and all men are members of this one body , and thou hearest the world to be an house , and to be a city ; which heare againe , for they are beautifull . the world is the greatest house of things , thus v●rro . h man is a sociable creature , and being 〈◊〉 for the good of all , lookes upon the world as one house : thus seneca 〈…〉 〈◊〉 , the world it a common-wealth , i having one forme of 〈…〉 one law ; k philo , there is one commonwealth of all and a common 〈…〉 l tertullian , minutius , and also in aristotle , there is one great city : what an ha●●ony is here of wise men ? adde touching society that of cicero ; m society in the largest extent , ( which though it be often sayd we must repeate more often ) is of men towards men , n more inward , of those that are of the same countrey ; ne●rer of those that are of the sane city : and in another place : we are so borne that there may be a c●rtaine societie betweene all ; but greater as any one is nearer : citizens are better than strangers ; kindred ●ha● forriners . and thus doth o augustine note there soci●ti●s ; the first of the houshold , the second of the city , the third of the world , and saith , all the nations in the world are joyned together by humane societie . but what is this society and conjunction ? among the good there is as it were a necessary benevolence , which spring of friendship , is constituted of nature ; but that same goodnesse belongs also to the multitude ; for vertue is not inhumane , nor cruell , nor proud , which will not looke upon all people , writeth cicero ; and p ambrose , the law of nature bindes us to all charity ; that one should beare with another , as members of one body : and so also q baldus , we are borne for our own ▪ and for strangers by the bond of charity : those that say , care ought to be had of citizens , deny it of strangers , these men take away community and society of mankinde . also cicero : which r lactantius both citeth and hath approved . and the same cicero . s it is a filthy opinion of them , t who referre all things to themselves , filthy indeede , for man is borne for society , and it is his u duty to helpe others , and not live to himselfe onely : and for this cause cicero condemned the philosophers , because while they lacked one kinde of justice , and ( as x another holy man writes ) fulfilled indeede the greatest part of equity , not to hurt any , they offended against the other , because they forsooke the society of life , and so forsooke this part of justice , to profit when thou canst ; y dost thou not see how the world it selfe , the most beautifull of all workes doth binde it selfe with love ? we are z bound by the law of nature ( so sayes the interpreter of the law ) to be profitable every way : and the a same men deliver an equall defence of their owne and of strangers , but specially of confederates , from whom we must keepe off an injury ; and that this defence is both of divine and humane law . b plato thinkes , he ought to be punished that keepes not back an injury offered to another . now that which plato and these interpreters say of private citizens we may very well apply to princes and people : for what reason there is of a private man in a private city , there is the same in the publicke and universall city of the world , of a publique citizen , that is , of a prince , of the people of a prince : c as a private man hath relation to a private man , so a prince to a prince , saith baldus , d a man is a citizen to a man in the greater city , and borne for mutuall succour saith seneca . and because we are one body , if one member will hurt another member , it is meete the others should helpe that which is hurt , because it concerneth the whole , even that which hurteth , that the whole be preserved . so men should helpe men , for society cannot be preserved , but by the love and safety of the people . e vespatian cannot be approved who denies ayde , i know not to whom , upon this pretence , because the care of other mens affaires appertained not to him : for what good man is there who doth nothing but for his owne sake ? f cicero againe , even to g lazius king of persia , that he is not therefore just , because he doth nothing unjustly , unlesse also he defended the unjustly oppressed ; and by that meanes they obtained helpe , and bands of souldiers against the romans : for it is not a strange thing amongst men for a man to defend the estates and safety of men . h cicero had said the same ; he should have respect if not of the man , yet of humanity , which is due to every one from every one , for this very cause , because they are equally men : and humane nature the common mother of all men commends one man to another , i it is a noble example of the barbarous king of mauritania : who , when he heard that his enemie alfonse , king of castile , was pressed and almost oppressed by the armies of his sonne , hee sent a hughe masse of gold unto alfonso , he himselfe went over with a great armie of souldiers into spaine , judging it a most unworthy thing that his sonne should expell his father from his kingdome ; adding withall , that the victory obtained , he would be an enemie againe unto the same alfonso . what ? doe i feare the barbarians , enemies also , and bringing gifts ? that the deed of an enemy should be taken in the worst sence ? doth k guiccardine say truth ; that these things are not done of any but in hope of some profit ? the saying of guicciardine is dispraised by noble mountaygn in those his noble examples ? i demand of what right it is ? it is a question , if any be bound by law to defend another , when he can ? and they seeme commonly to deny this , and the l law sometimes saith , that we may without offence neglect other mens affaires : but our proper question is ; if any can thus justly defend another ? m wherein no man denieth just defence , even for the defence of a stranger it is lawfull to kill another , by the opinion which is approved of all doctors : n yea , the defence of him is approved , that neglects to defend himselfe , yea that refuseth to be defended by another , whether a friend defend him or another , even an enemie : and thus it is called the rule of humanity , and so o a benefit to be conferred often times upon the unwilling . so also there be many other definitions . also they conclude by an argument , not firme enough that way , in another quest●on : that a man may take money for defending another , which he should receive dishonestly , if he were bound to defend him by law : for may not a servant get a reward from him whom yet notwithstanding he might not neglect without punishment ? neither is it dishonestly given nor dishonestly taken , in way of thankefulnesse . p so it is not ill taken of a citizen from a citie , nor by a sonne from a father : for truely it is manifest , tha● many things cannot be done without offence ; and therefore if done they are worthy of rewards , yet not of punishment , if they be not done . againe , somethings on the contrary neglected , indeed contract offence , but reformed they merit not glory , so bernard : to which i adde a meane , that there be some things which being neglected contract offence , and fulfilled deserve reward . q but also even in the court of conscience they will have a man to be bound to defend a man. r but conscience is the will of a good man , yea of the best : but they deliver this also even in the way of honesty : and we follow honesty here , and that arbiterment : s but both in civill and canon law , against the rest bartolus inclines thus : albericus , igneus , decius , alc●atus , molineus , so teach : and t baldus elegantly , that it is a fault to omit the defence of another ; of himselfe , a treachery : which also in another place he determines . pla●o is also of this mind : and thus also u siracides : free him to whom injury is done , out of the hand of the injuri●us . i also am of the same minde , especially , if , which the forenamed interpreters adde , defence be not made with the danger of the defender . x for no man is bound to put himselfe in danger ; no man is bound so to assist against a fire . y otherwise thou hearest constantine say , that they which live by the rule of gods law , account an injury done to another , to be their owne . behold that thus also he ayded the romans against maxentius . heare againe baldus his lawyer , he that defends not , nor resists an injury , z is as well in fault , as he that forsakes his parents , or friends , or country : and if these be true in private men , how much more will they be in princes ? these mutually call themselves cosens , cosen-germans , brothers . they are so much the more true in princes , by how much if a private man defend not a private man , the majestrate remaines , that can both revenge the wrongs , and repaire the losses of private men , but there is none can peece up the injuries and hurts of princes , but the same prince , who after had rather apply a medicine to the evill , than hinder at the first that evill be not done . these things are true , but that also you may hold with a baldus that although these were not true out of philosophie of judgements , which is of things nec●ssary : the● ar● c●●tainely true from philosophie of manners : which consists of things persw●d●d , which philos●phie also we follow in this whole ●reatise . the philosophie of iudgements ▪ permits a man to neglect even himselfe , as baldus writes , and if besides , as it falls out almost alwayes , another speciall cause be joyned to this generall rule of honesty , it may come neerer to justice . let the opinion verily be true for me , that this cause of honesty alone , perch●●ce hath never m●ved any man to that honest defence . b guicciardines mouth sayd truely , no prince will make warre for pe●ant , unlesse perswaded w●●h desire of his owne gaine : yet that is ignominous to princes and sa●ours not of justice : but i had rather concurre with leo the philosopher . we know very few to keepe true love , for its sake alone to be stirred up to succour those that are intangled in misery , but on the contrary side , that the number is very great of those that for hope of getting any thing , come to helpe the unworthy : which is a more mild saying , and i thinke more true . but i seeke another thing , it is compleate justice which defends the weake : so d ambrose , and the canon law , and i seeke for that iustice. the romans also joyn●d this cause with others by which they were moved often times to make warre : e the defence of the lucans ( saith dionysius ) was the manifest cause of the samnitic all warre , which might have a shew of honesty , as common , and a nationall custome of the romans to ayde those that fled unto them : but the secret cause which did more urge , was the power of the samnites was great , and greater would it have beene , if the lucans had beene subdued , so the reason of profit lyes hid : and therefore seemes not so good , as it is honest : and yet we call profitable also , good and just , and the one is made just by the other : therefore what if they be deare unto us whom we should defend ? f vlpianus saith , that for love and friendship , for no other reason defence ought not to be omitted . the defence of those that ought to be deare unto us , is from nature , witnesse m. tullius . what , if our allies and confederates ? g he that keepes not of an injurie from his fellow when he can , is as well in fault , as he that doth it . am●rose , and h even we our selves are hurt when our fellowes are hurt : as in livie . i iohn bodin judgeth amisse , that an ally and a confederate is not bound to helpe his fellow , if there be no caution of helpe in the league ; and the contrary is now shewed by us , and also shall be shewed in the third booke . k what if they be of the same stocke and blood ? agesilaus made warre against the persians , that he might bring the greekes of asia into liberty . and the pettie kings of l germanie by an old custome of the nation , thinke it an haynous offence , not to be assistant to those that implore mutuall helpe : although there is there besides a certaine body of a common-wealth : as it is reported long since , that there was of the achai . what if of the same religion ? m nations are joyned together by the tye of religion , more than either by the communion of another law , or contract of a league : and therefore if we implore nature by communion , the law of nations by covenant , the common-wealth by lawes , by common religion ( the most powerfull thing of all ) we implore the bowels of men and of the holy one , who is the head of that communion . n so there was warre with the persians , because their fugitives were not delivered them , and they were not delivered by the romans , who would not dispise the humble professors with them of the same religion , who fled from the persian cruelty . thus iustinus answered the persian , that he could not but receive those of the christian religion , falling away to him from the persian , who compelled them to forsake christian religion . o and our writers doe thus resolve , that warre may be made if any converted to christian religion , should be oppressed by their lords , and that for the right of society contracted from conversion . what if neighbours ? p for what ? had i not very many , very just tyes of familiarity , of neighbourhood of country , of friendship to defend plancus ? saith cicero . and here is our case . q we are in danger if our neighbours house be on fire , for if fire have fiercely taken hold of some houses , they will hardly be defended but that the next houses will be burnt , which was elsewhere in salust , and now in ovid. s fire that is neere is hardly kept off from houses : it is good that we abstaine from neere adjoyned places : which verses are proverbiall in this thing ; and proverbes adde some credit . this notes something that as it is lawfull to pull our neighbours house downe , least the fire should come to us : and that question of a x house infected is the same , although touching this it is answered contrary : y yet the house infected with leprosie was pull'd downe . z and in many cases it is so , that we may doe ill to others , that it be not ill with us . we must beware of all contagion , especially of our neighbours : the ill contagions of a neighbouring people are hurtfull . a the romans ( saith florus ) as a certaine infection ranne over all , and taking in all the neerest people , brought all italy under them , and whatsoever dominion they had . b before fire is the vapour and smoake of the chimney , syracides also . so we see smoake from our neighbours fire , and will we not runne and put out the fire where it is ? it is c written againe , that it is lawfull for any to helpe his neighbour against an injury , yea , he seemes to be partaker of a fault , who doth not ayde his deadly foe , even speaking against help , nor yet desiring it . concerning which i have noted before , and will note further in the chapter following . chap. xvi . of ayding subjects that are strangers against their lord. i demand , if wee may justly defend subjects also that are strangers against their lord ? what if their cause also be unjust ? a ambrose noteth those three gods , iupiter , neptune , and pluto , have thus articulated , lest upon their intrenching on one anothers jurisdiction , they might make warre among themselves : they should not usurpe the rule of the sea , &c. b they say likewise , that we gods have this law , none of us will crosse the desire of him that willeth , but wee yeeld alwaies one to another . which being the fictions of very wise men , are applyed unto princes of the earth . but even without any circumstance at all , the corinthians speake thus to the athenians : c we doe plainely deny that any is forbidden to punish his ow●e : for if thou shalt defend those that have offended , even your owne subjects will defend themselves from you . yet i thinke not subjects of other men are altogether strangers from that neerensse of nature , and union of society , you doe also cut off the unity of mankinde , whereby life is sustained , as excelently d seneca . and if we make not princes lawlesse , tyed to no lawes nor conditions ; it is necessary , that there be some to admonish them of their duty , and may hold them fast bound ; which reason i expounded in the second booke of embassies . neither will i heere infer any confusion of kingdomes , or any inspection of one prince over another prince : neither doe i suffer those things to bee distinguished , which are most firmely glued together by nature , i meane , that kinred with all , among all . neither here otherwise may one prince have inspection over another prince , but such as may happen by every other warre , wherein one prince carries himselfe as a judge both of himselfe , and of another . if a question were among private men , it were most unjust to goe to a forraigne prince about it . also if there arise a difference betweene a private man and his soveraigne , there are magistrates appointed which may be sought unto . but when the controversie is touching the common-wealth , there neither are , nor can be any judges in the city . i call that a publike matter , when such , and so great a part of the subiects is moved , that now there is need of warre against those that defend themselves by warre . and as if those should come into part of the principality of the publike , and are peeres to the prince , who can doe so much as hee . e even as one king is said to be equall to another , who can resist another offering wrong , however greater , and more powerfull ; although i say not these things of the subjects themselves , unlesse it be in respect of forraigne princes , which will ayde the subject against their soveraigne , and who can ayde them no otherwise then in a controversie , as i have expounded , of the common-wealth . f and indeede , if the subjects be used more cruelly and unjustly , this opinion of defending is approved even of others , who both bring that laudable example of hercules , the lord of tyrants and monsters . there is also the example of constantine , who ayded the romans against maxentius , as i noted before . g we defend sonnes against injust fathers . adde now those golden sayings of h seneca . that being cut off , whatsoever it was , whereby he did cleave unto me , the society of humane right is cut off . if he doe not impugne my countrey , but is burdensome to his owne , and being bannished my countrey doth vexe his owne , yet so great naughtinesse of minde hath cut him off : although it maketh him not an enemy , yet hatefull unto mee . and the reason of the duty which i owe unto mankinde , is both more precious , and more powerfull with me , then that which i owne to one single man. thus verily ; or else we make all men forreigners to all princes , if we determine that they can doe according to their pleasure and lust . now what if the cause of the subject be unjust ? the foresaid authors deny , that men ought to ayde uniust forraigne subjects , least any by so ayding introduce the same law into his owne kingdome , which the corinthians did before . yea , i aristotle thinkes , that neither a wicked father is to be loved nor assisted with helpe . but this is false of a father , as i taught in a certaine disputation , perhaps it is more true , that those may be defended of us by war , who are unjust . for if it be a just warre which is to repulse a wrong , although they that repulse an injury , have given occasion to the warre : the same it seemes may be determined in the defence of others , even of subjects , for the same reason . surely there is that iniquity in warre , that it will make the same man to pronounce law to himselfe in his owne cause , or verily willing to pronounce it . vpon which pretence another prince may bring ayde on the contrary side , that things may more civelly be composed without warre . and this is that which k pyrrhus did when he came to ayde the tarentines against the romanes ; he admonished them first , that they would by their owne endeavour put an end to the controversie ; although neither the romans would not unjustly hearken unto the king ; or because they might deservedly suspect him , as being sent for by enemies , armed with enemies , ready to fight for enemies , and of kinne to enemies . l hee that stands armed with another , is said to bring helpe and ayde unto him ; neither is there neede to proove any thing against that at all . even he that armes himselfe , is beleeved to thinke upon warre , and m if he that is the friend of an enemie bee excluded from being a witnesse , much more from being a iudge . n for it is easier , if any be received for a witnesse then a iudge ; o the friend of my enemy is not presently ment my enemy , as neither my friends friend is my friend ; but there is a great suspition of them both , and of the friend of an enemy the more . but i returne to the question . p we are bound both to defend justly unjust sonnes against the cruelty of a father , or servants against the cruelty of a master ; and we laudably indeavour that by fury ( here is warre ) no not wicked men should be chastened and punished , for fury and warre have no measure . q and he that led by humanity or pitty , or any other approved and just cause , hath received another mans servant , is not bound by the statute of a corrupt servant , and that reception is accompted in the nature of good , &c. r even he is commended , who being angry with his servants committed them to be punished by another , this commendation being added , because he himselfe was angry . therefore a good prince will have the liberty of rage against his own subjects to be taken from him , being angry , as a good father , as a good master , and he will alwaies judge , that kingdomes were not made for kings , but kings for kingdomes , which is most true . this also of plato availeth , that we ought to use eloquence , chiefely to accuse our friends , to whom it is the best , thus to be drawn from future evils . and so i thinke that we may defend unjust forreigne subjects , yet to this end onely , for the keeping off immoderate cruelty and too severe punishment : s seeing it is not inhumane to doe good to those that have offended . yet i dare affirme , that this reason of bringing helpe doth seldome stand alone , but that another of necessity and profit may be pretended , or truely shewn , as is said before . behold now is the greatest question : if the english have justly ayded the hollanders because their cause was unjust , & the hollanders were even now subjects to the spaniards ? both which notwithstanding are false . it was said , that a warre was to bee undertaken upon that occasion , that a good peace might be obtained of the spaniard , which otherwise , as is thought , could not have beene had : t and so truly warre is lawfully undertaken , as u our men alledge : and the most wise reason of the physicians maketh for it , that if any feaver be slow which holds the body , and which yeelds to no cure , then the disease is to be changed , yea , to bee augmented and heightned . for when it doth not receive cure for the present as it is , it may receive that cure which is future . but even warre might have beene undertaken without that evill of an unfaithfull peace . as there be many bonds of neerenesse between the english and the hollander : the ancient friendship with the dukes of burgondy , the familiarity of these people , and the old consanguinity ; all the rest , which are noted at the end of the former chapter . and therefore with cicero , x they thinke not that the nocent are not to be defended , if they be the friends of a good man. adde one thing of great moment , that the hollanders overcome in warre , should altogether change their condition , and we see it in the conquered part , being for the most part , cast downe from their ancient liberty , and for the most part oppressed with garrisons , are governed now onely at the pleasure of the prince . but this our neighbours cannot endure . y neither is any other forbidden to favour libertie . but z it much behoveth neighbours to have a neighbour . a for if one man hath neede of another man , what shall we say that one neighbour is to another , saith a pindarus , and b callimac●us : ill neighbours are odious to mee , and c some wise hebrew , the worst of all diseases is an ill neighbour : and another of the same nation , woe to the wicked , and woe to his neighbour . and where may d morall fables be silent ? e an evill neighbourhood is like a mis-fortune ; the vicinity of great men is alwaies to bee shunned of the weaker ; f good men receive good things from good neighbours , and evill men , evill things , &c. so * plato , g and so th●mistocl●s ; when hee ●old a pi●ce of ground , ●ee commanded the crier to proclaime , that it had a good neighbour : which h interpreters note , to the law. and there bee many things of the same kinde . wherefore neither if these neighbouring subjects would change their condition , neither if by reason of a fault committed against their owne king , they be compelled to alter it , is another neighbouring prince compelled to suffer it , to whom neither another mans will nor offence ought to bring damage . the i venetian embassadors when they interceded for sigismund of maltesta , to pope pius the second , they spake even this , that neighbouring princes would not have another neighbour , whom furthermore they knew not , what he might hereafter be . and you may note , that sigismond held townes from the church , and for his committed offences , he ought worthily to lose them . perhaps some will doubt , whether these things be true in private mens causes . k for a private man seemes to have power to doe with his owne what he list , if it bee profitable to himselfe , and hurt not another . yet these things bee true thus in the causes of empires . for princes ought to take heed for the future , that another if he will , may not yet be able to hurt another , which is expounded in the treatise of profitable defence . l but even that rule , that it is lawfull for any to doe what he list with his owne , holds not otherwise ; then if the condition of a neighbour bee made neither worse nor more grievous thereby : although it be true that no man may take care of the gaine , which his neighbour made , and which was owing to him by no obligation . but even security , and a certaine singular conjunction of love from a neighbour , is due to empires : now this we know , what things are taken away when neighbours are changed . m and the same people is not the same that they were , if the common-wealth be not the same that it was . for it is not lawfull ( i say againe ) to doe all things with the subjects ; for that is not lawfull with the subjects which would be a hurt , and a danger to those that are no subjects . it is not lawfull to make fortes in his owne land , n which may be terrible to those that are not his , as you shall heare in the third booke . therefore neither is it lawfull to doe with his owne , that which may be a terrour to others . o how ever these are called equivalent , to doe in his own place , and towards his own subjects . whether if my neighbour should place in his house gunnes , and other things against my house , may i neither be carefull for my selfe , nor stirre against my neighbour ? thus , thus were preparations made in holland ; and that great noble man , leicester , very wisely foresaw , that the defence of the hollanders , was very wholesome and necessary for the common-wealth , and he perswaded it to be undertaken , p least if the spaniards should break through that pale of europe , as then very wisely iustus lipsius , called it there should remaine no obstacle at all to their cruelty . and thus farre of warre defensive . thus , and much more this our learned professor of the civill law , albericus gentilis ; whose words i have thus largely transcribed ; because they not onely abundantly justifie the lawfulnesse of the parliaments present defensive warre in point of law , and their ordinances of association and mutuall defence , but likewise fully answer all the cavils and pretences of royalists and malignants against the progresse and managing of this warre , from principles of nature , law , humane reason , equi●y , and humane authorities . the lawfvlnes of the parliaments present defensive warre in point of divinity and conscience . the lawfulnesse and justnesse of the parliaments present necessary defensive warre , in point of common , civill , canon law , and policy , having been largely debated in the premises , because not hitherto discussed in that kinde by any , to my knowledge ; i shall in the next place proceed to justifie it in point of divinity and conscience ; wherein , though i shall be more concise then i intended , because sundry learned * divines , a in many late printed bookes , common in all mens hands have professedly handled it at large , and given good satisfaction unto many unresolved scrupulous consciences ; yet because this treatise may come into diverse hands , which have not perused their discourses ; and those whose judgements may be convinced by the legall , may still have some scruples of conscience resting in them , in reguard of the theologicall part , and because some things ( perchance ) in point of theology , which others have wholly omitted , may seasonably be here supplyed , to satisfie consciences yet unresolved of the justnesse of the present , and all other necessary defensive warres , i shall not over-sparingly or cursorily passe through it , without a competent debate ▪ now lest the consciences of any should bee seduced , ensnared with generalities , or cleere mistakes through the mis-stating of the points in question , with which devise , many have beene hitherto deluded by the opposites , who cumbate onely with their owne mishapen fancies , discharging all their gu●shot against such tenets as are not in question , a●d no waies comming neere the white in controversie , i shall for my own orderly proceeding , and the better satisfaction of ignorant , scrupulous , seduced consciences , more punctually state the question , then formerly in the legall part ; first , negatively , next , positively ; and then proceede to its debate . take notice therefore . first , that this is no part of the question in dispute . whether the parliament , or any subjects wha●soever , may actually disobey , or violently with force of armes resist the kings , or any other lawfull magistrates just commands , warranted either by gods word , or the lawes of england ? it being out of controversie , readily subscribed by all of both sides ; that such commands ought not so much as to be disobeyed , much lesse forcibly resisted but cheerefully submitted to , and readily executed for conscience sake , rom. . . to . pet. . , . tit. . . hebr. . . iosh. . , , . ezra . . . eccles. , , , . the onely thing these objected scriptures prove , which come not neere the thing in question , though our opposites most rely upon them . secondly , neither is this any branch of the dispute : whether subjects may lawfully rise up , or rebell against their prince , by way of muteny , faction , or sedition , without any just , or lawfull publicke ground ; or for every trifling injury , or provocation offered them by their prince ? or whether private men , for personall wrongs ( especially where their lives , chastities , livelihoods are not immediatly endangered , by actuall violent , unjust assaults ) may in point of conscience , lawfully resist , or rise up against their kings , or any other lawfull magistrates ? since all disavow such tumultuous insurrections and rebellions in such cases : yet this is all which the oft objected examples of b korah , dathan , and abiram , with other scriptures of this nature , doe or can evince . thirdly , nor is this any parcell of the con●roversie . whether subjects may lay violent hands upon the persons of their princes , wittingly or willingly to deprive them of their lives or liberties , ●specially , for private injuries ; or in cold blood , when they doe not actually nor personally assault their lives or chastities ; or for any publike misdemeanours , without a precedent sentence of imprisonment , or death against them given judicially , by the whole states or realmes , where they have such authority to araigne and judge them ? for allunanimously disclaime , yea abominate such traitorous practises and iesuiticall positions , as execrable and unchristian : yet this is all which the example of davids not offering violence to king saul : the sam. . . to . cap. . . to . sam. . . to . or that perverted text of psal. . . ( the best artillery in our adversaries magazines ) truely prove . fourthly , neither is this the thing in difference , as most mistake it . whether the parliament may lawfully raise an army to goe immediately and directly against the very person of the king , to apprehend or offer violence to him , much lesse intentionally to destroy him , or to resist his owne personall attempts against them , even to the hazard of his life ? for the parliament , and their army too , have in sundry c rem●nstrances , declarations , protestations , and petitions , renounced any such disloyall intention or designe at all ; for which there is no colour to charge them ; and were his majestie now alone , or attended onely with his ordinary courtly guard , there needed no army nor forces to resist his personall assaults : yet this is made the principall matter in question by doctor ferne , d by an appeale to thy conscience , and other anti-parliamentary pamphlets ; who m●ke this the sole theame of their discourses : that subjects may not take up armes against their lawfull soveraigne , because he is wicked and unjust ; no , though he be an idolater and oppressor : that , sup●ose the king will not discharge his trust , but is bent , or seduced to subvert religion , lawes , liberties , yet subjects may not take up armes , and resist the king , it being unwarrantable , and according to the apostle , damnable , rom. . yea , this is all the questions the c●●valleers and malignants demand of their opposites in this cause . what ? will you take up armes ; will you fight against , or resist the king ? &c. never stating the question of his forces , his army of papists , malignants , delinquents , but onely of the king himselfe abstracted from his invading , depopulating forces , against whom , in this sence of theirs , the parliament never yet raised any forces , nor made the least resistance hitherto . these foure particulars then being not in question , i shall here appeale to the most malignant conscience : wh●ther doctor ferne , and all other our opposites , pretenders of conscience , haue not ignorantly , if not maliciously , made ship wracke of their good consciences ( had they ever any ) by a wilfull mistating of the controversie , concerning the present defensive warre , in the foure preceding particulars , which they make the onely questions ; when not so much as one of them comes within the verge of that which is the reall controversie ; and never once naming that in all , or any of their writings , which is the point indeed ? secondly , whether there bee any one text or reason in all their pamphlets , particularly applied to any thing which concernes the present warre , but onely to these foure particulars , which are not in debate ? and if so , ( as no conscience can gaine-say it ) then there is nought in all the wast papers they have published , which may either resolve or scruple any conscience , that the parliaments defensive armes and resistance are unlawfull in point of divinity , or conscience , which is steered by the scriptures compasse . but if these particulars be not in question ; you may now demand , what the knot and true state of the present controversie , in point of conscience , is ? in few words , take it thus . wh●ther both houses of parliament , and the subjects by their author●ty , for the preservation of their owne persons , priviledges , lawes , lives , liberties , estates , religion ; the apprehension of voted contumatious traitors , and delinquents , the res●uing his seduced majestie out of the power of popish pernicious counsellours and forces , who end●avour the kingdomes subversion , by withdrawing him from , and incensing him against his parliament , may not lawfully with a good conscience , take up necessary defensivs armes , and make actuall warlike resistance against his m●j●sti●s maligna it ill counsellors , and invading popish forces ( who now murther , rob , spoile , sacke , depopu●ate the kingdome in a most hostile manner , to set up tyranny , popery , and an arbitrary lawlesse government , ) in case they come armed with his personall presence , or commission , to ●xecute these their wicked illegall designes ; especially , when neither the parliament nor their forces in this their resistance , have the least thought at all , to offer any violence ▪ to the kings owne person , or to oppose his legall , iust soveraigne authority ? or shorter , whether the kings captaines an● souldier●s invading the parliam●nt , and subiects , as aforesaid , the parliament or subiects ( especially when authorized by an ordinance of both houses ) may not with a safe conscience forcibly resist these malignants though armed wit● the kings illegall commissions , without his personall presence , or with his presence and commissions too ? and for my part , i thinke it most evident , that they may lawfully resist , repulse them , even by divine authority . for the better clearing whereof , i shall premise these three undeniable conclusions . first , that no lawfull king or monarch whatsoever , ( much lesse the kings of england , who are no absolute princes ) have any the least authority from the lawes of god or man , personally by themselves , or instruments , to doe any injurie or iniustice to their subiects ; how much lesse then by open forc● to murther , rob , plunder , ravish , ruine , or spoile them of their lawes , liberties , estates , religion , all which is plentifully proved by law authorities , in the premises ; and punctually confirmed by these ensuing texts . ezech. . , . cap. . , . psalm . . . isay . , to . sam. . . isay . . cap. . . . . prov. . . . ez●●h . . . . . zeph. . . mich. . . to . sam. . . . . king. cap. . & . zeph. . . is●y . . cap. . . cap. . . . cap. . . chron. . . ier. . . to . obad. . . to . rom. . . . . ● . pet. . . . and infinite scriptures more . secondly , that all subiects and persons whatsoever , are obliged both in point of law and conscience to disobey , resist , and not execute , the uniust illegall commissions , mandates of their kings , and other magistrates . this is evident by the midwives refusall to mur●her the hebrewes male-child●en at king pharoahs command , for which god blessed them , and built them houses exod ● . to . by balaams deniall to curse or defie the israelites , at king b●lacks intreaty numb . . & . & . by the refusall of sauls guard and footmen to s●ay or fall on the priests a nob , by king sauls personall command , though present , and not onely their king but master too : sam. . . . by ionathans denyall to kill , or consent to the death of david upon sauls mandate , though not onely his soveraigne , but father , although he might have gained the crowne by it , and indangered his owne life by refusing it , sam. . . to . by sauls armour-beares forbearance to runne him thorow with his sword , when he fled before the philistimes , though he as his king and master enioyned him to doe it ; lest the uncircumcised should come and thrust him through and abuse him . sam. . . by mordechai his denyall to bend the knee to haman , the great favourite , though the king had so commanded , esther . . . . . . by shadrac● , meshach , abednego , and daniels refusall , to eat of the kings portion of meat and wine assigned them , least they should be de●iled , dan. . . to . by their peremptory resolution , not to fall downe and worship king nebuchadnezzars golden image , though twice strictly commanded by the king to doe it , and threatned to be cast into the fiery furnace ( as they were ) for refusing it , dan. . . to . by daniels disobeying the kings and lords idola●rous decree , not to offer a petition to any god or man for . dayes , save of king darius , under paine of being cast into the lyons denne , dan. . . to . by the pharises and chiefe priests officers neglect to apprehend our saviour for his preaching , though enjoyned so to doe by their masters , iohn . . to . by the apostles refusall to give over preaching , and perseverance in preaching , notwithstanding the high priests and councels expresse inhibitions and doubled commands , seconded with apprehensions , imprisonments , scourgings ; and their direct resolutions in this very case , d that we ought to obey god rather then men , acts . . to cap. . . to the end . by peters preaching to , and conversing with the vncircumci●ed gentiles , notwithstanding the christian iewes d●slike , acts . . to . with infinite presidents of this nature in ecclesiasticall histor●es ; the very sufferings of all the e martyrs depending on this ground alone : which is backed by matth. . . . . luc. . . cap. . . . . . ezech. . . to . rev. . . to the end . rom. . . iohn . . . thess● . . . exod . . iosh . psalm . . . to . thirdly , that as all kings illegall unjust commands are void in law , and will no waies extenuate the guilt , or justifie the actions of those instruments who execute them in point of law , as i have f fo●m●rly cleared ; so are they likewise meer nullities , and insufficient to excuse the executioners of them in point of conscience ; as is evident by , psal. . . where god threatens to destroy doeg the edomite , for ever , to take him away , plucke him out of his dwelling place , and root him out of the land of the living , for executing king sauls bloody command upon the priests at nob , sam. . by gods exemplary punishment upon those souldiers who by king nebuchadnezzars speciall command , bound the three children and cast them into the firy furnace ; who were slaine by the flames of the furnac●e , though these three martyrs had no harme in the furnace it selfe , dan. . . to . by gods consuming the two captaines and their fifties with fire from heav●n , who came violently to apprehend the prophet elija● by king ahaziah his commission , and unjust command , king. . . to . by the precept of iohn baptist given to souldiers themselves , luke . . doe violence to no man : ( neither by the kings , nor generalls command ) neither accuse any falsely . by tim. . . lay hands sodainly on no man , ( no more in a violent , military , then an ecclesiasticall sense ) neither be partakers of other mens sinnes : compared with the next forecited scriptures ; with rom. . . math. . . psal. . . . prov. . . to . oba● . ver● . . to . isay . . with isay . . the leaders of this people cause them to erre , and those th●t are led of them are destroyed . what therefore saint iohn writes in another case , iohn . . if there come any unto you ( be he an archbishop , bishop , archdeadon , ferne himselfe , or any court chaplaine whatsoever , ) and b●ing not this doctrine ; receive him not into your house , neither bid him god speed ; for he that biddeth him god speed , is partaker of his evill deeds : i shall apply to this particular of executing kings unjust commands against their people ; they are partakers of their kings wickednesse , if they do but intertaine their unjust commissions into their houses or bid them god speed ; much more if they execute them either voluntarily , or against their wills , out of an unworthy feare , or base respects . these three conclusions being irref●agable , my first argument to justifie resistance from them shall be this . that violence against the subjects persons , consciences , families , estates , properties , priviledges , or religion , which neither the king himselfe in proper person , nor any his officers , nor souldiers by command from him , have any autoritie by the lawes of god or man , in law or conscience to inflict : and which in conscience ought not to be obeyed , but rejected as a meere nullity , even by the instruments enjoyned for to execute it ; may justly with a safe conscience be ●esisted by the parliament and subjects ; there being not one syllable in gods word to contradict it . but the violence now offered by the kings forces to the parliament and snubjects every where , is such . therefore it may justly with a safe conscience be resisted ; especially in the kings commanders and souldiers , who are neither the king himself , nor the higher powers ordained by god ; and no other then plain theeves and murtherers in law and conscience , if they plunder , kill , spoile ; their commissions being but nullities in both ; and they in this particular meere private men , without any authority to iustifie their actions , as i have already proved . secondly , that resi●tance which is warranted by direct precedents recorded , approved in scripture even by god himself , must questionlesse be lawfull in case of conscience : but the resistance even of kings , their highest magistrates , officers in the execution of their unjust commands is thus warranted . therfore , doubtles , it must be lawfull in point of conscience . the minor ( only questionable ) is thus confirmed . first , by the notable example of the prophet e●ijah , kings . . to ● . who sending backe king ahaziah his messengers ( sent by him to enquire of baal● zebub the god of ekron , whether hee should recover of his disease ) with an harsh message to the king , contra●y to his command , which they disobeyed ; thereupon this king , in an angry fume , sent two captaines with . men apeece , one after another , to apprehend the prophet for this affront ; ( as g iosephus , with other interpreters accord , ) who comming with their forces to him , said ; thou man of god , the king hath said , come downe quickly . to whom he successively answered : if i be a man of god , th●n let fire come downe from heaven , and consume thee and thy fifty ; and there came fire from heaven thereupon , and consumed two captaines and their fifties : but the third captaine and his fifty , who hum●led themselves to the prophet , and begged the sparing of their lives , were spared ; the angel of the lord bidding the prophet to goe downe with them to the king , and not be afraid . from which text it is infallible , even by a divine miracle from heaven , doubled by god himselfe ; that it is lawfull for subjects in some cases , to resist the unjust violence of the souldiers and captaines of their kings though armed with their regall commands . secondly , by the history of the prophet elisha , kings . , , . who when king ●oram ( his soveraigne ) had sworne unjustly in his fury ; god doe so to me and more also , if the heàd of elisha shall stand on him this day ; and thereupon sent a messenger before him to elisha his house to take away his head ; the prophet was so farre from submitting to this instrument of his ; that he commanded the elders sitting then with him in the house , to looke when the messenger came , and shut the doore , and hold him fast at the doore , though the sound of his masters feet ( the king ) were behind him ; whom he stiles , the sonne of a murderer . might these two eminentest prophets thus openly resist the captaines , souldiers , and unjust executioners of their princes , with a good conscience ; and may not others lawfully doe the like ? no doubt they may . thirdly , ( if i bee not much mistaken ) this kind of resistance is warranted even by christ himselfe , and his apostles : for a little before his apprehention , christ uttered this speech unto his disciples , luke . , , . but now , he that hath no sword , let him sell his garment and buy one , &c. — and they said , lord , behold , here are two swords . and he said unto them , it is enough . why would christ have his disciples buy swords now , unlesse it were for his and their owne better defence , being the time when he was to be apprehended . h soone after this judas and his band of men sent from the high priests , with swords and staves came to seize upon christ. which when they who were about him saw what would follow : they said unto him ; lord , shall we smite with the sword ? his commanding them to buy swords now , was sufficient ground for this question , and intimation enough , that they might now use them : whereupon christ giving no negative answer ; one of them which were with iesus ( and iohn directly saith it was peter ) smote a servant of the high priest ( whose name was malchus ) and cut off his right eare . hereupon iesus answered and said , suffer yee thus farre : so i luke ; marke relates no answer at all reprehending this fact : k iohn records his speech to peter thus . then , said iesus unto peter , put up thy sword into the sheath . the cup which my father hath given me , shall i not drinke ? to which matthew addes , l thinkinst thou that i cannot pray to my father , and he shall presently give me more then twelve legions of angels ? but how then shall the scriptures bee fulfilled , that thus it must be ? so that the reason why christ bade peter thus to put up his sword ; was not because he thought defence of himselfe , and peters smiting now altogether unlawfull in it selfe ; but onely inconsistent with gods present providence , which it should seeme to crosse . christ was now by m gods eternall decree , and the scriptures prediction , ( which must be necessarily fulfilled ) to suffer death upon the crosse for our iniquities : should peter then , with the other disciples have totally resisted his apprehention at this time , and proceeded still to smite with the sword as they began , till they had rescued our saviour , he could not then have suffered , nor the scriptures be fulfilled : had it not beene for this speciall reason ( rendred by christ himselfe , to cleare all scruples against the lawfulnesse of selfe-defence in such cases , ) peter might still have used his sword to rescue his master from these catchpoles violence ; and if he and his fellowes had beene too weake to withstand them , christ was so farre from imagining that hee might not have lawfully defended himselfe ; that hee informes them , he could ( and would no doubt ) have presently commanded whole legi●ns of angels from heaven , by his fathers approba●sion , to rescue him from unjust violence . and his speech to pilate , after his taking , plainely , iustifies the lawfulnesse of such a forcible defence with armes to preserve a mans life from unjust execution : iohn . if my kingdome were of this world , then would my servants fight ( in my defence and rescue ) that i should not be delivered to the iewes : but now my kingdom is not from hence . all which considered , clearely justifies , the lawfulnesse of resisting the kings , or higher powers officers , in cases of apparant unjust open violence or assaults ; and withall answers one grand argument against resistance from our saviours present example : namely , * christ himselfe made no resistance when hee was unjustly apprehended ; ergo , christians his followers ( ergo , no kings , no magistrates too , as well as christ the king of kings , and lord of lords , for they are christians as well as subjects ; ) ought not to make any for●ible resistance of open violence : which argument is a meere inconsequent ; because the reason why christ resisted not these pursevants , and high priests officers , was onely , that his fa●hers decree , and the scriptures foretelling his passion might be fulfilled , as himselfe resolves ; not because hee deemed resistance vnlawfull , which he even then approved , though hee practised it not , as these texts doe fully proove . fourthly , the lawfulnesse of a defensive warre , against the invading forces of a soveraigne , is warranted by the example of the city abel ; which stood out and defended it selfe against ioab , davids generall , and his forces , when they besieged and battered it ; till they had made their peace , with the head of sheba who fled into it for shelter , sam. . . to . and by that of ester , ch. . . to . chap. . . to . pertinent to this purpose . where haman having gotten the kings decree , to be sent unto all provinces for the utter extirp●tion of the whole nation of the iewes , the king after hamans execution ( through gods great mercy , and mordecaies and queene esters diligence ) to prevent this bloody massacre by their enemies , granted to the iewes in every city , by letters under his seale , to gather themselves together , and to stand for their lives , to destroy , to slay , and to cause to perish all the power of the people and province that would assault them , both litle ones and women , and to take the spoile of them for a prey ; and that the iewes should be ready against the day , to avenge themselves of their enemies . hereupon when the day , that the kings commandment and decree ( for their extirpation ) drew nee●● to be put in execution , in the day that the enemies of the iewes hoped to have power over them ; the iewes gathered themselves together in thier cities , throughout all the provinces of king ahasuerus , to lay hand on such as sought their hurt ; and no man could withstand them , for the feare of them fell upon all people : and all the rulers of the provinces , and the lieutenants , deputies , and officers of the king helped the iewes , because the feare of mordecai fell upon them : so the iewes smote all their enemies with the stroake of the sword , and slaughter , and destruction , and did what they would unto those that hated them . in the place they slew eight hundred men , and hamans tenne sonnes , on severall dayes . and the other iewes that were in the provinces , gathered themselves together , and stood for their lives , and had rest from their enemies , and slew of their foes seventy and five thousand , but they laid not their hands on the prey . loe here a defensive war , justified , and granted lawfu●l , by the kings owne letters to the iewes , against their enemies , who by former charters from him , had commission wholly to ex●irpate them , neither had this licence of the kings in point of co●science , been lawfull , had their defence and resistance of the kings former commission been wholly unlawfull . and the reason of the kings grant to them , to resist and slay their enemies , that would assault them ; was not simply , because their resistance without it , ad standing for their lives , had beene unlawfull , by reason of the kings first unjust decree , which they ought not in conscience to submit to , without repugnancy ; but onely to enable the iewes , then captives , and scattered abroad one from another in every province , with more convenience , securitie , boldnesse , and courage now to joyne their forces together , to resist their malicious potent enemies ; to daunt them the more thereby ; nature it selfe , yea , and all lawes in such a bloody nationall butchery as this , without any j●st cause at all , both taught and en●bled every one of the iewes , to stan● for his life , his nations , relig●ons , preservation , even to the last drop of blood . therefore the letters of the king did not s●mply enable them to resist t●eir enemies , which they might have done without them ; but give them authority to destroy , and slay the wives and little children of their enem●es , and to take the spoile of them for a prey ; which they re●used to doe , because they deemed it unjust , notwithstanding the kings permission and concessi●n , which as to these particulars , was illegall , and more then hee could justly grant . this generall nationall resistance of gods own people then of their assaulting cruell enemies , even among strangers , in the land of their captivity under a forraigne enemy , with the former and other following precedents , will questionlesse more then conjecturally prove , if not infallibly resolve , the lawfulnesse of a necessary defensive warre , and opposition by free subiects , against their kings assailing forces which seekes their ruine , though armed with their kings commission , and that without any ordinance of parliament authorising them to resist , much more then , when enabled to oppose them by o●dinances of bo●h houses , as the iewes were to resist and slay their enemies by this kings letters and authority . thirdly , that kind of resistance which hath no one text , nor example in scripture to impeach its lawfulnesse , but many texts and precedents to countenance it , must doubtlesse be lawfull in point of conscience . but the resisting of kings invading pillaging , destructive forces ( who have nothing to plead , to justifie all their villanies but a void illeg●ll warrant ) hath no one text nor example in scripture to impeach its lawfulnesse , for ought i can finde ; ( and if there be any such , i wish the opposites would object it , for r●m . . as i shall shew hereafter , doth no waies contradict , but approve it : ) but it hath many texts and precedents to countenance it , as the premises and sequell attest : therefore it must doubtlesse bee lawfull in point of conscience . fourthly , it is confessed by all men , ( yea those who are most intoxicated with an o anabaptisticall spirit , condemning all kind of warre , refusing to carry armes to defend themselves against any enemies , theeves , or pirates ) that it is lawfull not onely passively to resist their kings unlawfull commands , and invading forces , but like wise by flight , hiding , or other pollicies , to evade and prevent their violence ; which is warranted not onely by p moses , q davids , and r elijahs , their severall flights from the violence of the egyptians , sa●● , and 〈◊〉 who sought their lives ; but likewise by s i●seph , mar● , and christ himselfe , who fled into egypt to escape the hand● and but chery of king herod ; by christs own direction to his disciples matth● , . but when they pers●cute you in this city , flee yee into another ; and that prediction of his matth. . . behold , i se●d unto you prophets , and wise men , and scribes , and ●●me of them ye shall kill and crucifie , and some of them shall you scourge in your synagogues , and persecute them from city to city ; which was really fulfilled . acts . . . c. . . c , . . c. , . c. to . c. . . to . c. . c. . . . c. . , , . ● cor. . . . rev. . . of which reade more in tertullian his b●oke de fuga in persecutione . hence then i argue thus . that unjust violence of princes and their armies , which subjects with a safe conscience may decline and flee from , when as they want power , meanes , or convenience to resist it , they may no doubt lawfully resist even with force of armes , when they have sufficient meanes and conveniences to resist , and cannot flee or submit thereto , without the publicke ruine : since the same justice and equity , which enables them by flight or stratagem to decline unjust assaults of a superior power , or its judgements , doth likewise enable them to escape and prevent it with resistance , when they cannot doe it by flight or other polici● : if then they may lawfully with a safe conscience hide , flee , or use lawfull policies , to prevent the open injust violence of their kings and their officers , when not guilty of any capitall crime deserving censures ; because by the very light of nature , and law of charity they are obliged to preserve themselves from unjust tyrannie ; and are no wayes bound to subject themselves to the cruelty , the unjust assaults , or oppressions of others : then by the selfesame reason , they may lawfully with force of armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto , when as they cannot conveniently secure themselves and the publicke , but by such resistance , and should both betray their owne , the publicke safety , and religion ( as the subjects and parliament should now do ) in case they did not resist by force of armes to the utmost of their power : and become worse than infidels , who have even thus oft provided for their owne and the republickes securitie . fif●ly , god himselfe , the founta●ne of t justice , the u god of x order , the y preserver of humane society who detests of all tyranny ▪ cruelty z oppression , injustice , out of his a philanthropie ( which brought the sonne of his bosome from heaven to earth ) would never certainely in point of policy or conscience prohibit that , which is the onely probable meanes and apparent , remedy , to prevent , suppresse disorder , tyranny , cruelty , oppression , injustice , yea confusion in the world ; and to preserve good order and humane society : a truth so apparent , that no rationall man can contradict it . therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence , and hostile invasion made upon their people to ruine them , or subvert their established government , laws , liberties , iustice , religion : there being no other probable ordinary meanes left to any kingdome , nation , people , to preserve their government , lives , lawes , liberties , religion , and to prevent , suppresse , or redresse tyrannie , cruelty , disorder , confusion , yea utter ruine , when their kings and governors degenerate into tyrants , invading them with open force , but onely defensive armes : prayers and teares alone , without military opposition by force of armes , being no more able to defend a person , city or kingdome against oppr●ssing princes and their armies , then against theeves , pyrates or common enemies ; whom they must and ought to resist , as well with armes as orisons , with speares as well as teares , else they should but tempt the lord and destroy themselves ( like those b iewes and gothes who would not fight upon the sabbath , and so were slaine by their enemies without resistance : ) yea wilfully suffer the common-weale to be subverted , religion ex●irpated ; lawes trampled under feete , their own posterities to be enslaved , ruined without any opposition , even in a moment . for were it utterly unlawfull , and no lesse then treason or rebellion , in point of conscience for any subjects to take up defensive armes to resist the kings army , or forces , consisting for the most part of papists , delinquents , deboist athesticall persons of broken fortunes , seared consciences and most irreligious lives , i appeale to every mans conscience , how soone these unresisted instruments of cruelty would utterly extirpate our protestant religion , and common faith , for which we are enjoyned earnestly to contend and strive : 〈◊〉 . phil. . . . and shall we then yeeld it up and betray it to our adversaries without strife or resistance ? how sodainely would they ruin our parliament , lawes , liberties ; subvert all civill order , government ; erect an arbitrary lawlesse tyrannicall regency regulated by no lawes but will and lust ? how soone would they murther , imprison , execute our noblest lords , knights , burgesses , best ministers , and commonwealths-men for their fidelity to god , their king and country ? how many noble families would they disinherite ? how many wives , widdowes , virgins would they force and ravish ; what cities , what countries , would they not totally pillage , plunder , sack , ruine , consume with fire and sword ? how soone would our whole kingdome become an acheldama , a wildernesse , a desolation , and the surviving inhabitants either slaves or beasts , if not devils incarnate ? yea how speedy might any private officers , captaines , commanders , by colour of illegall com●issions and commands from the king , or of their offices , and all the notorious rogues and theeves of england , under colour of being listed in the kings army , if the people might not in point of law or conscience resist them with armes who came armed for to act their villanies , maliciously rob , spoyle , plunder , murther all the kings leige people , without any remedy or prevention , and by this pretext , that they are the kings souldiers , sodainely seise and gaine all the armes , treasure , forts , ammunition , power of the realme , into their possessions in a moment ; and having thus strengthned themselves , and slaine the kings faithfull subjects , usurpe the crown it selfe if they be ambitious , as many private captaines and commanders have anciently slaine divers roman and grecian emperours , yea sundry spanish , gothish and moorish kings in spain by such practises and aspired to their crowns , ( of which there are sundry such like presidents in most other realmes : ) to prevent , redres , which severall destructive mischiefes to people , kingdome , kings themselves , god himselfe hath left us no other certaine , proper , sufficient remedy but a forcible resistance , which all kingdomes , nations throughout the world , haue constantly used in such cases , as i shall manifest more largely in the appendix . therefore certainely it must needs bee lawfull , being gods and natures speciall ordinance to secure innocent persons , cities , nations , kingdomes , lawes , liberties , lives , estates , religion , and mankinde it selfe , against the hurtfull lusts of unnaturall tyrants , and their accursed instruments , against ambitious , treacherous , male-contented spirits , maliciously bent against the publicke weale , and peace . there are two things onely which usually restraine inferiour persons from murthering , robbing , disseising , injuring one another ; the one is , feare of punishment by the magistrate ; the other , feare and danger of being resisted , repulsed with shame and losse of limbe or life by those they violently assault , injure ; and were this once beleeved , received for law or divinity in the world , that it were unlawful to resist , repulse a theefe , murtherer , riotor , or disseisor comming in the kings name , long enjoy his life , goods , liberty , lands , but some or other would deprive him of them notwithstanding all restraints of lawes , of penalties , and maintaine suites against him with his owne estate violently seised on ; the right of lawfull defence , being every mans best security , to preserve his life , estate , in peace against the violence of another , whence the wisdom of the common law , makes every mans house his castle , in the necessary defence wherof , and of his person , goods from the violence , rape of others , it gives him libertie to beate , repulse , yea kill injurious assailants : which right of defence if once denyed , would open a wide gap to all wickednesse , injustice , disorders whatsoever , and speedily bring in absolute confusion , subversion of all property , law , order . as for emperors , kings , great officers , and other ungodly instruments , armed with princes unjust commissions , who deeme themselves above the reach of humane lawes , censures , and accountable for their unjust actions to none but god himselfe , there is no other knowne barre or obstacle to hinder or restraine their armed violence , tyrannie , oppressions , but onely the feare of the oppressed assaulted subjects armed resistance ; which if once denyed to be lawfull , all royalties would soone be transformed into professed tyranni●s , all kings & magistrates into tyrants , all liberty into slavery , property into communitie , and every one would thereby be exposed as a voluntary prey to the arbitrary cruelty covetousnesse , avarice , lusts , of the greatest men . therefore doubtlesse this armed resistance cannot but be lawfull , necessary , just , in point of law and conscience , to eschew these generall mischiefes . sixtly , all will readily grant it lawfull in case of conscience , for subjects to resist a forraigne enemie which invades them with force of armes , though animated by the king himselfe to such invasion ; and why so , but because they are their enemies , who would wrongfully deprive them of their native inheritance , liberties , estates , and worke them harme ; upon which ground , we read in the kings . . that when the moabites heard that the kings of israel , iudah and edom came up to fight against them with a great army , they gathered all that were able to put on armour , and upward to withstand them , and stood in the border ; and when ever the midianites , phili●●ines , syrians , babylonians , aegyptians , cananites or other enemies came to assault the israelites , they presently assembled together in armes to encounter and repulse them , as the histories of ioshua , iudges , samuel , the kings , chronicles , and nehemiah abundantly evidence , almost in every chapter . if then subjects may with a good conscience resist forragin enemies on this ground alone ; then likewise domestick foes and their kings own forces , when they become open enemies , to rob , kill , plunder , destroy them as inhumanely , as injuriously as the worst forraigne foes , there being the selfe same ground for the lawfulnesse of resistance of the one as the other , and if the ballance encline to one side more than other , an intestine enemie being more unnaturall , unjust , hurtfull , dangerous , and transgressing more lawes of the realme ( which obliege not strangers ) than a forraigner , and a civill warre being far worse , and more destructive than a forraigne ; the resistance of an homebred enemy , must be the more just and lawfull of the two , even in point of conscience . seventhly , the very law of god both alloweth and commands all men , to resist their spirituall enemies , with spirituall armes : iam . . resist the devill and he will flee from you , otherwise he would easily subdue and destroy us . pet . . . be sober and vigilant , because your adversarie the devill as a roaring lyon walketh about seeking whom he may devoure : whom resist stedfast in the faith , ephes. . . to . finally my brethren be strong in the lord , and in the power of his might : put on the whole armour of god , that ye may be able to stand against the wiles of the devill . for we wrestle ( or warre ) not against flesh and blood , but against principalities , against powers , against the rulers of the darkenesse of this world , against spirituall wickednesse ( or wicked spirits ) in high places . wherefore take unto you the whole armour of god , that ye may be able to withstand in the evill day , and having done all , to stand : stand therefore having your loynes girded about with truth , &c. above all taking the sheild of faith , wherewith ye shall be able to quench all the fiery darts of the wicked ; and take the helmet of salvation , and the sword of the spirit , which is the word of god : praying alwayes with all prayer and supplication . hence christians are termed , souldiers of iesus christ , and ch●istianity a warf●●e , against the world , the flesh , and prince of the world , the devill : tim. . , . cor. . . tim. . . iam. . pet. . . rom. . . cor. . . cor. . . i say . . rev. . . . in which warfare , we must fight and resist even unto blood striving against sinne , heb. . . vsing not onely prayers and teares , but other spirituall weapons of warre , mighty through god , able to ●ast downe every high thing that exalteth it selfe , to bring into captivitie every thought to the obedience of christ , and to revenge all disobedien●e , cor. . . . . if then we may and must manfully resist , and fight against our spirituall enemies , though principalities , powers , rulers , wicked spirits in high places , and the c prince of this world himself , the devill , when they ass●ult and seeke to devoure our soules : then by the selfesame reason , we l●wfully with a safe conscience may , yea ought to resist , repulse our corporall enemies when they maliciously , un●u●●ly , forcibly assault us , against all rules of law , of conscience , to murther , enslave , destroy our bodies , soules , religion , the republicke , which must be dearest to us , though they be principalities , powers , rulers , wicked spirits in high places , yea princes of this world ; with all their under officers and instruments of cruelty , not onely with prayers and teares , but corporall armes and force , because they unnaturally , tyrannically , seeke the destruction of our bodies , estates , liberties , republicke , religion , there being no inhibition in scripture , not to resist the one or other , but infinite texts authorising men , not onely to resist , but warre against , yea slay their malicious open enemies , untill they be sub●ued or destroyed , exod. . . . levi. . . . num. . . deut. . throughout . iosh. c. . to c. . sam. . . to . chron. . . . esth. . . neither doe the texts of mat. . luk. . . but i say unto you , that ye resist not ●vill , but whosoever sh●ll s●●ite thee on the right cheek● , turne to him the other also , and hi● that taketh away thy cloake , forbid not to take thy c●ate also ; prohibit all actuall resistance of publick violence offered by enemies to our persons , goods , or lawfull defensive warres ; which precept ( as is cleare by the context , and resolved by d augustine , gratia● , e alensis , and f others ) extends onely to some private injuries and revenges , and to the inward patient preparation of the mind to suffer two injuries , rather thē maliciously to revenge a single one , especially in cas●s where we want ability to resist ; not to an actuall bearing of all grosse outward injuries to our persons or estates , without resistance : which precept being given generally to all christians ; to kings and magistrates as well as subjects , if it be strictly urged , prohibits kings and magistrates to resist the violence and injuries of the people , as much as the people , not to repulse the armed violence and oppressions of their p●inces and governours : and that text of iames . . ye have condemned and killed the just , and he doth not resist you , ( which some thinke is meant of christ alone ) proves onely , that some just men , and many martyrs have beene condemned and killed without resistance , as our saviour was ; not that it is unlawfull to resist an open enemy , theefe or murtherer , who comes to kill , rob , or plunder us against law and conscience . i read of f saint andrew , that when the people ran together in multitudes ●o rescue him out of the hands of a wicked man , and defend him from the injury of death , he teaching them both by word and example , exhorted them , not to hinder his martyrdome ; yet the people lawfully rescued innocent ionathan , from that unjust death which his father king saul twice vowed hee should undergoe : g some mens patient suffering death and injuries without resistance , is no better an argument , that all therefore must so suffer without opposition , then that all men ought to yeeld their purses up to high-way theeves , or their persons , goods , ships , to turkes and pyrates , without fight or resistance , because some , yea many have shamefully done it for want of courage when they were able to resist , and so have deservedly lost their purses , shippes , goods , liberties , and become turkish gally-slaves , to the ruine of their estates , bodies , soules , which miseries by a manfull just defence , they might have easily prevented . all which considered ; i see no ground in scripture , nor reason , but that temporall enemies of all kindes which wrongfully invade our persons or estates by open force of armes in a warlike manner , may be resisted with temporall weapons , as well as spirituall enemies with spirituall armes . eighthly , that which all nations in all ages by the very light of nature have constantly practised , as just and lawfull , must doubtlesse h be lawfull in point of conscience , if there be no law of god to the contrary . but selfe-defence against invading tyrants and their instruments hath by the very light of nature beene constantly practised , by all nations in all ages , as just and lawfull , which the premises , the appendix , the histories of all ages evidence ; there being never any one nation or kingdome for ought i finde , that ever yet reputed it a thing unlawfull in point of conscience ; to resist the open malicious destructive tyranny , violence , hostility of their unnaturall princes , or that desisted from any such resistance , giving themselves up willingly to their outragious lusts and butch●ries , without any opposition ( though some private men and martyres have sometimes done it , upon particular reasons , as to avoid the scandall of religion ; to beare witnesse to the truth , for the confirmation and conversion of others ; or for want of power or oportunity to resist ; or to avoyd a generall massacre of their fellow christians , or because they were onely a few private men ; and their religion directly opposite to the lawes and government under which they lived , or the like , not because they judged all resistance simply unlawfull , as i blinde doctors ●alsely informe us , which i shall prove hereafter ; ) and there is no law of god at all to prohibite such resistance : therefore doubtlesse it must be lawfull , even in point of conscience . ninthly , that which is directly opposite to what is absolutely illegall , and unjust in point of conscience , and the chiefe lawfull obstacle and remedy , to prevent or redresse it , must certainely be just , be lawfull in the court of conscience , since that which is directly opposite to that which is ●imply ill , and unjust , must necessarily be good and just . but necessary just defence by force of armes , is directly opposite to that open armed violence , and tyranny which is absolutely illegall and unjust in point of conscience , and the chiefe lawfull remedy and obstacle to prevent or redresse it : as reason , experience and the premises evidence ▪ therefore it must necessarily be just and lawfull , even in the court of conscience . tenthly , that resistance which doth neither oppose the kings royal person , nor lawfull authority ; must certainely be lawfull in point of conscience : but the resistance of the kings forces not accompanied with his person , in the execution of his unjust commands ; is neither a resistance of his royall person , ( for that is absent , and his cavalliers i hope are no kings , nor yet invested with the priviledges of kings ; nor yet of his lawfull authority ; ) his illegall commissions and commands , being meere nullities in law , transferring no particle of his just authority to those who execute them . therefore it must certainely be lawfull in point of conscience . eleventhly , that resistance which is the onely remedy to keepe not onely kings themselves , but every one of their officers and souldiers from being absolute tyrants , monarchs ; and the deny all whereof , equalizeth every souldier , and particular officer to kings , yea god himselfe ( whose prerogative only it is to have an * absolute unresistable wil ; ) must doubtlesse be lawful in the court of conscience . but this necessary defensive resistance now used by the parliament and subjects , is such : for if they may not resist any of the kings officers or souldiers in their plunderings , rapines , fierings , sackings of townes , beating , wounding , murthering the kings leige people and the like ; will not every common souldier and officer be an absolute tyrant , equall in monarchie to the great turke himself , and ●aramount the king , who hath no absolute irresistable soveraignety in these particulars ? either therefore this resistance must be granted , not onely as lawfull , but simply necessary , else every officer and common souldier wi●l be more than an absolute king and monarch , every subject worse than a turkish slave , and exposed to as many uncontrolable soveraignes , as there are souldiers in the kings army , be their conditions never so vile , their qualitie never so mean , and the greatest peeres on the parliaments party , must be irresistably subject to these new absolute soveraignes lusts and wills . twelfthly , if all these will not yet satisfie conscience in the lawfulnesse , the justnesse of the parliaments and peoples present forcible resistance of the kings captaines and forces , though armed withan illegall commission ( which makes nothing at all in the case , because voyd in law ) there is this one argument yet remaining which will satisfie the most scrupulous , malignant , opposite conscience : that necessary forcible resistance which is authorised , and commanded by the supreamest lawfull power and highest soveraigne authority in the realme , must infallibly be just and lawfull , even in point of conscience , by the expresse resolution of rom. . and our opposites owne confession ; who have k no other argument to prove the offensive warre on the kings part lawfull , but because it is commanded ; and the parliaments and subjects defensive armes vnlawfull , but because prohibited by the king , whom they falsely affirme , to be the highest soveraigne power in the kingdome , above the parliament and whole realme collectively considered . but this resistance of the kings popish malignant , invading forces ; is authorized and commanded by the expresse votes and ordinances of both houses of parliament , which i have already undeniably manifested , to be the supreames● lawfull power , and soveraignest authority in the realme , paramount the king himselfe , who is but the parliaments and kingdomes publicke royall servant for their good : therefore this resistance must infallibly be just and lawfull , even in point of conscience . thus much for the lawfulnesse in court of conscience of resisting the kings unjustly assaulting forces , armed with his commission : i now proceede to the justnesse of opposing them by way of forcible resistance when accompanied with his personall presence . that the kings army of papists and malignants , invading the parliaments or subjects persons , goods , lawes , liberties , religion , may even in conscience bee justly resisted with force , though accompanied with his person , seemes most apparently cleare to me , not only by the preceeding reasons , but also by many expresse authorities recorded , and approved in scripture , not commonly taken notice of : as , first , by the ancientest precedent of a defensive warre that we read of in the world , gen. . . to . where the five kings of s●dom , gomorrah , admah , zeboiim , and zoar , rebelling against chedorlaomer king of nations , after they had served him twelve yeeres , defended themselves by armes and battle against his assaults , and the kings joyned with him : who discomfiting these five kings , pillaging s●dom and gomorrah , and taking lot , and his goods along with them as a prey : hereupon abraham himselfe , the father of the faithfull , in defence of his nephew lot , to rescue him and his substance from the enemie , taking with him . trained men of his owne family , pursued chedorlaomer , and the kings with him , to dan , assaulted them in the night , smote and pursued them unto hoba , regained all the goods and prisoners , with his nephew lot , and restored both goods and persons freely to the king of sodom , thereby justifying his and his peoples forcible defence , against their invading enemies , in the behalfe of his captivated plundred nephew and neighbors . secondly , by the example of the israelites , who were not onely king pharaoh his subjects but bondmen too , as is evident by exod , ch . . to . deut. . . c. . . c. . . c. . . c. . . . ezra . . . now moses and aaron being sent by god to deliver them from their aegyptian bondage , after . yeares captivity , under colour of demanding but three dayes liberty to goe into the wildernesse to serve the lord , and pharaoh , ( notwithstanding all gods miracles and plagues , ) refusing still to let them depart , till enforced to it by the slaughter of the egyptians first borne ; as soone as the israelites were marching away , pharaoh and the aegyptians , repenting of their departure , pursued them with their chariots and horses , and a great army even to the red sea , to reduce them ; hereupon the israelites being astonished and murmuring against moses , giving themselves all for dead men ; moses sayd unto the people feare ye not , stand still , and see the salvation of the lord , which he will shew to you this day : for the aegyptians whom you have seene to day , ye shall see them againe no more for ever , the lord shall fight for you , &c. and hereupon god himselfe discomfited routed , and drowned them all in the red sea : i would demaund in this case , whether the isralites might not here lawfully ( for their owne redemption from unjust bondage ) have fought against and resisted their lord , king pharaoh , and his invading host , accompanied with his presence , had they had power and hearts to doe it , as well as god himselfe , who fought against and destroyed them on their behalfe ; if so , ( as all men i thinke must grant , unlesse they will censure god himselfe ) then a defensive warre in respect of life and liberty onely , is just and lawfull even in conscience , by this most memorable story . thirdly , by that example recorded iudges . . . . where god growing angry with the israelites for their apostacie and idolatry , sold them ( here was a divine title ) into the hands of cushan-rishathaim king of mesopotamia , and the children of israel served him . yeares . here was a lawfull title by conquest and . yeeres submission seconding it . but when the children of israel cryed unto the lord , the lord raised up a deliverer to them even othniel , the son●e of kenaz : and the spirit of the lord came upon him , and he went out to warre , and the lord delivered cushan-rishathaim king of mesopotamia into his hands , and his hand prevailed against him , so the land had rest . yeeres . loe here a just defensive warre approved and raised up by god and his spirit ( in an ordinary manner only , as i take it , by encouraging the instruments ) wherein a conquering king , for redemption of former liberties , is not onely resisted but conquered , taken prisoner , and his former dominion abrogated , by those that served him , as conquered subjects . fourthly , by the example of ehud , and the israelites , iudges chap. . . to where we finde , god himself strengthning eglon king of moab against the israelites for their sinnes , who thereupon gathering an army smote israel , possessed their cities , so as the israelites served this king . yeeres . here was a title by conquest , approved by god , submitted to by the israelites : yet after all this , when the children of israel cryed unto the lord , he raised them up a deliverer , namely ehud , who stabbing eglon the king in the belly , under pretext of private conference with him , and escaping ; he thereupon blew the trumpet , commanded the israelites to follow him to the warre , slew ten thousand valiant men of moab , which he subdued , and procured rest to his country . yeeres . god , his spirit , word , approving this his action . fifthly , by the example of barack and deborah , iudges ch . . and . where god selling the children of israel for their sinnes into the band of iabin king of canaan , and his captaine sisera , for . yeeres space , during which he mightily oppressed them , hereupon barack at the instigation of the prophetesse deborah , by the command of the lord god of israel , gathered an army of ten thousand men ; which sisera , and the king of canaan hearing of , assembled all their chariots and army together , at the river of ●ishon , where the lord discomfited sisera and all his host , with the edge of the sword before barack his army , and subdued iabin the king of canaan , before the children of israel : which warre is by a speciall song of deborah and barack highly extolled , and god in it , as most just and honorable : and this curse denounced against those that refused to assist in it , iudges . . curse ye meroz ( saith the angel of the lord ) curse ye bitterly the inhabitants thereof , because they came not out to the helpe of the lord , to the helpe of the lord , against the mighty ; with this corollary ; so let all thine enemies p●rish o lord : but let them that love thee be as the sunne when it goet forth in his might . what more can conscience desire to justifie the lawfulnesse of a just defensive warre ? sixthly , by the example of gideon and the israelites , iudges c. . who being delivered by god into the hands of the prince of midian for seven yeares , gideon by speciall incouragement and direction from god himselfe , with a poore despicable army of . men , defeated the great hoast of the midianites , and tooke and slew their princes . by these last pregnant presidents , it is most evident , that a forraigne king who hath gained a title onely by conquest ( though with divine concurrence , by way of punishment for that peoples sinne ) may lawfully be resisted , repulsed , even after some yeares forced subjection and submission to him , by the people conquered , to regaine their former liberties . seventhly , by the precedent of abimelech king of shechem , who being elected king by the voluntary assents of the people , god afterwards sending an evill spirit of division between abimelech and the men of shechem ; thereupon they revolted from him , and chusing gael for their captaine , fortified the city against him ; and when abimelech came with an army to take in the towne , they in their defence , went forth and fought with him ; resisted his seige ; and they of the tower of shechem standing upon their guard refused to surrender it after the towne was surprised , and so were burnt . after which comming too neare the wals , at the tower of thebez assaulted by abimelech he had his braines and head so bruised with the peece of a milstone cast downe upon him by a woman , that he called hastily to his armour-bearer , and said unto him , draw thy sword and slay me , that men say not of me ; a woman slew him : whereupon he thrust him through , that he dyed : and so every man departed to his place . thus god rendred the wickednesse of abimelech , and all the evill of the men of shechem upon their own heads , iudges . so the text. eighthly , by the example of iepthah , who after that god had sold the isra●lites for their idolatry into the hands of the children of ammon . yeeres space , iepthah being made head and captaine by the elders and people of gilead , first argued the case with the king of ammon touching the unjustnesse of his warre upon them , desiring god to be iudge betweene them ; and then by gods assistance , smote and subdued the ammonites and their cities , iudg. c. . and so cast off their yoake . ninthly , by the practise of sampson , who after god had delivered the israelites into the hands of the philistimes who ruled over them forty yeares space , did by gods extraordinary assistance oft encounter , slay and resist the philistimes , rescuing the oppressed israelites from their vass●lage ; and at his death slew more of them then in his life , iudg. c. . to . which deliverance was afterwards perfected by samuel , sam . and approved , nay , wrought by god. tenthly , by the example of david , who being persecuted by ●edifragous dissembling king saul his father-in-law ( a notable patterne of the inconstancie and invaliditie of kings solemnest oathes and protestations : ) who contrary to many solemne vowes and feighned reconciliations , sought unjustly to deprive him of his life ; thereupon david retired from the court , entertained a guard of foure hundred men , and became a captaine over them . sam. . . after which abiather escaping to him from nob when the priests there were slaine by doeg , upon saules command , for davids sake , david used these words to him . abide thou with me , feare not , for ●e that seeketh thy life seeketh my life , but with me thou shalt be in safeguard , sam. . . soone after the philistimes beseiging keilah , david by gods encouragement , smote them and saved keilah ; intending there to secure himselfe and his men : which saul hearing of , said ; god hath delivered him into my hands , for he is shut in by ●ntring into a towne which hath gates and barres , whereupon he called all the people together to beseige david and his men : ( which he needed not doe , did he or any else beleeve , that they would not , ought not to have made any forcible resistance : ) david informed hereof ; enquired seriously of god , whether saul would certainely come downe ? and demanded twice of him● will the men of keila● deliver me and my men up in●o his hand ? and the lord said , they will deliver thee up . had not david and his men resolved to fortifie and defend themselves there , if the men of ke●lah would have beene faithfull to them , and beleeved they might have resisted saul with his forces , certainely he would never have presumed to aske such a question twice together of god himselfe , to receive his resolution therein , neither would god have vouchsafed an answere thereto : but his double inquirie , and gods resolution , infallibly demonstrate his intention to resist , and the lawfulnes of his defensive resistance , would the keilites have adhered to him . this the very next words fully cleare , sam. . . then david and his men , about six hundred a rose , and departed out of keilah , an● went wheresoever they could goe , and it was told saul , that david was escaped from k●ilah : gods prediction of the keilites treachery was the onely cause of their departure thence , where they had resolved to defend themselves , of which hope being disappointed beyond expectation , they went whithersoever they could goe . after which david and his men being but few in number , not able in humane probability , without tempting god , to encounter sauls great forces , retired themselves into woods , mountaines , rockes , strong holds , wildernesses ; where saul pursuing them , they still declined him : but had he and his army ever assaulted them , no doubt they would and might lawfully have defended themselves , else why did they joyne themselves in a body ? why retire to strong holds , and places of advantage ? why * twice urge david to kill saul in cold blood , when he did not actually assault him , but came casually unawares within his danger ? why did david himselfe say , even when he spared his life when he was a sleepe , sam. . . as the lord liveth , the lord shall smite him , or his day shall come to dye , or he shall descend into battell and perish ? but that if he had given him battle , he might have defended himselfe against him , though saul should casually or wilfully perish in the fight ? and why was david so importunate to goe up against him with king achish to the battle wherein he perished , sam. . were resistance of him , in case he assaulted him , and his forces , utterly unlawfull ? this precedent of david then , if rightly weighed , is very punctuall , to prove the justnesse of a defensive warre , ( of which mor● anon ) and no evidence at all against it . eleventhly , by the practise of the . tribes : who after their revolt from rehoboam for giving them an harsh indiscreet answere to their just demands , setting up another king and kingdome , even by divine approbation ; rehoboam thereupon raising a great army to fight against and reduce them to his obdience ; god himselfe by semaiah the prophet , sent this expresse inhibition to rehoboam and his army : thus saith the lord , ye shall not go up , nor fight against your brethren returne every man to his house , for this is done of me : whereupon the obeyed the word of the lord and returned : kings . chron. c. . and . after which long warre continued betweene these kingdomes by reason of this revolt , wherein the ten tribes and kings of israel still defended themselves with open force , and that justly , as the scripture intimates chron. . . . though that ieroboam and the israelites falling to idola●y , were afterwards ( for their idolatry , not revolt ) defeated by abiah and the men of iudah , who relied upon god , chron. . twelfthly , by the example of the king of moab and his people , who rebelling against iehoram king of israel , and refusing to pay the annuall tribute of lambes and rammes , formerly rendred to him ; hereupon iehoram , iehoshaphat , and the king of edom , raising a great army to invade them , the moa●ites hearing of it , gathered all that were able to put on armour , and upward , and stood in the border to resist them . king. . . to . and by the practise of the ed●mites , who revolting from under the hand of iudah , made a king over themselves : whereupon ioram king of iud●h going up with his forces against them to zair , they encompassed him , in their owne defence ; and though they fled into their tents , yet they revolted from iudah till this day , and libnah too , kings . . . thirteenthly , by the example of samaria , which held out . yeeres siege against shalmanezer king of assyria , notwithstanding their king hoshea had by force submitted himselfe and his kingdome to him , and became his servant . kings . . to . c. . . . fourteenthly , by the practise of godly hezechiah , who after the lord was with him and prospered him whithersoever he went , rebelled against the king of assyria , and served him not ( as some of his predecessors had done ) kings . . whereupon the king of assyria , and his captaines comming up against him with great forces , and invading his country , he not only fortified his cities , and encouraged his people manfully to withstand them to the uttermost , but actually resisted the assyrians even by divine direction and encouragement ; and upon his prayer , god himself by his angel for his and jerusalems preservation , miraculously sl●w in the campe of the king of assyria in one night , an hundred fourescore and five thousand mighty men of valour , captaines and leaders ; so as he returned with shame of face to his owne land , king. c. . and . chron. c. . isay c. . and . an example doubtlesse lawfull beyond exception , ratified by god himselfe and his angel too . fifteenthly , by the examples of king iehoiakim , and iehoiakin , who successively rebelling against the king of babylon who subdued and put them to a tribute , did likewise successively defend themselves against his invasions , seiges though with ill successe , by reason of their grosse idolatries and other sins , ( not of this their revolt and defence to regaine their freedomes , condemned only in ze●echia , for breach of his * oath ; ) wherby they provoked god to give them up to the will of their enemies , and to remove them out of his sight , king. c. . & chr. . ier. c. . & & . finally , by the history of the maccabees and wholestate of the iews defensive wars under them , which though but apochryphall in regard of the compiler , yet no doubt they had a divine spirit concurring with them in respect of the managing and actors in them . i shall give you the summe thereof , very succinctly . antiochus epiphanes conquering ierusalem , spoyled it and the temple , set up heathenish customes and idolatry in it , subverted gods worship , destroyed the bookes of gods law , forced the people to forsake god , to sacrifice to idols , slew and persecuted all that opposed , and exercised all manner of tyranny against them . hereupon mattathias a priest and his sonnes , moved with a godly zeale , refusing to obey the kings command in falling away from the religion of his fathers , slew a iew that sacrificed to an idoll in his presence , together with the kings commissary , who compelled men to sacrifice , and pulled downe their idolatrous altar ; which done they fled into the mountaines , whither all the will-affected iewes repaired to them . whereupon the kings forces hearing the premises pursued them , and warred against them on the sabbath day ; whereupon they out of an over-nice superstition o least they should prophane the sabbath by fighting on it when assaulted , answered them not , neither cast a stone at them , nor stopped the places where they were hid , but said , let us dye all in our innocencie ; heaven and earth shall testifie for us , that you put us to death wrongfully , whereupon they slew both them , their wives , and children , without resistance , to the number of a thousand persons . which mattathias and the rest of their friends hearing of , mourned for them right sore , and said one to another ( marke their speech ) if we all doe as our brethren have done , and fight not for our lives , and lawes against the heathen , they will now quickly roote us out of the earth ; therefore they decreed , saying ; whosoever shall come to make battle with us on the sabbath day , we will fight against him , neither will we doe all as our brethren , that were murthered in their secret places . whereupon they presently gathered and united their forces , assaulted their enemies , recovered their cities , lawes , liberties ; defended themselves manfully , and fought many battles with good successe against the severall kings who invaded and layd claime to their country , as you may reade at large in the bookes of maccabees . all these examples , ( most of them mannaged by the most pious , religious persons of those dayes , prescribed and assisted by god himselfe , whose spirit specially encouraged , strengthned the hands and spirits of the undertakers of them ( as p o fiander well observes , ) and therefore cannot be condemned as unjust , without blasphemy and impiety : ) in my opinion are a most cleare demonstration of the lawfulnesse of a defensive warre ( in point of divinity and conscience ) against kings and their armies who wrongfully invade or assault their subjects , though themselves be personally present in their armies , to countenance their unlawfull warres ; and likewise evidence , that a royall title gotten forcibly by conquest onely , though continued sundry yeares , is not so valid in point of conscience , but that it may be safely questioned , yea rejected ; there being no true lawfull title of soveraignety over any people , but that which originally depends upon their owne free election , and unconstrained subjection simply considered , or which is subsequently seconded therewith after a possession got by force or conquest . now that the kings personall presence cannot justifie the unjust actions , or protect the persons of those that assist him in any unlawfull action contrary to the lawes of god , or the realme , is a truth so evident , that it needes no proofe , it being no part of the kings royall prerogative or office , but diametrally repugnant to it , either to doe injury himselfe , or to authorize , or protect others in committing it , as i have elsewhere proved at large . therefore it can administer no patronage nor defence at all to those who accompany his person in the unjust invasions of his subjects , nor dis-able them to defend or repulse their unjust assaults and rapines . for suppose a king should so farre degenerate and dishonour himselfe , as personally to accompany a packe of theeves who should rob his subjects on the high way , break up their houses in the night , or practise piracie on the sea , or commit rapes or murthers on his people every where ; i thinke no man so voyd of reason , law , conscience , but would readily grant , that the subjects in all these cases might lawfully defend themselves by force against these robbers , theeves , murtherers , notwithstanding the kings presence or association with them , whose personall prerogatives , and immunity from assaults or violence being incommunicable , underivable to any other , and peculiar to himself alone , he can transferre no such protection to others who accompany him in their injurious practises ; and that these acts of theirs are direct fellonie and murther , for which they might be justly apprehended , condemned , executed , though thus countenanced by the kings owne presence . and if this be truth ( as our law-bookes resolve , and the scripture to in places forecited ) the kings presence can no more deprive the subjects of their necessary just defence against his popish forces assaults , nor justifie their proceedings , or the present unjust offensive warre , then in the former cases , there being the selfe-same reason in both ; warres being in truth , but greater and more detestable murders , and robberies , when they are unjust , as q cyprian , r augustine , with s others rightly define . thirdly , personall un●ust assaults and violence even of kings themselves may in some cases lawfully be resisted by subjects ; this doctor ferne himselfe acknowledgeth , sect. . p. . personall defence is lawfull against the sudden ( much more then against the premeditated ) and illegall assaults of such messengers of the king ; yea , of the prince himselfe thvs farre , to ward his blowes , to hold his hands and the like : not to endanger his person , not to returne blowes ; no : for though it be naturall to defend ● mans selfe , yet the whole common-wealth is concerned in his person : the king therefore himselfe , ( much more in his cavalliers ) may thus farre at least safely be resisted in point of conscience . and that he may be so indeed is manifest by two pregnant scripture examples , the first is that of king saul , sam . . to . where ionathan and his armour-bearer , routing the philistimes whole army , violated his father sauls command , of which he was wholy ignorant in taking a little honey one the end of his sticke in the pursuite ; hereupon king saul , most rashly and unjustly vowed twice one after another , to put him to death : whereupon the people much discontented with this injustice , were so farre from submitting to the kings pleasure in it , that they presently said to the king : shall ionathan dye , who hath wrought so great salvation in israel ? god forbid : as the lord liveth there shall not one haire of his head fall to the ground , so the people rescved ionathan that he dyed not ; though he were not onely king sauls subject , but sonne too . indeede it appeares not in the text , that saul offered any violence to ionathans person , or the people to sauls : and it may be the peoples peremptory vow and unanimous resolution to defend ionathan , from this unjust sentence of death against him , made saul desist from his vowed bloody intendment : but the word rescued , with other circumstances in the story , seeme to intimate , that ionathan was in hold to be put to death , and that the people forcibly rescued him , out of the executioners hands . however , certainely their vow and speeches declare , that if saul himselfe or any other by his command had assaulted ionathan to take away his life , they * would have forcibly resi●ted them and preserved his life , though with losse of their owne , beleeving they might lawfully doe it , else they would not have made this resolute vow ; nor could they have performed it , had saul wilfully proceeded , but by a forcible rescue and resistance of his personall violence . the other is that of king vzziah , chron. . ● . to . who presumptuously going into the temple against gods law , to burne incense on the altar , azariah the high priest , and with him fourescore priests of the lord , that were valiant men went in after him , and withs●ood ( or resisted ) vzziah the king ; and said unto him ; it appertaineth not unto thee vzziah to burne incense unto the lord , but to the priests the sonnes of aaron , that are consecrat●d to burne incense : goe out of the sanctuary for thou hast trespassed , neither shall it be for thine honour from the lord god. then vzziah was wroth , and had a censor in his hand to burne incense , and whiles he was wroth with the priests , the leprosie rose up in his forehead : and azariah , and all the priests looked upon him , and behold he was leprous in his forehead : and they thrvst him ovt from thence ; yea himselfe hasted also to goe out , because the lord had smitten him . if then these priests thus actually resisted king vzziah in this sinfull act , thrusting him perforce out of the temple , when he would but offer incense ; much more might they , would they have done it , had he violently assaulted their persons . if any king shall unjustly assault the persons of any private subjects , men or women , to violate their lives or chastities ( over which they have no power ) i make no doubt , that they may and ought to bee resisted , repulsed , even in point of conscience , but not slaine ; though many kings have lost their lives , upon such occasions : as s rodoaldus the . king of lumbardy anno . being taken in the very act of adultery by the adulteresses husband , was slaine by him without delay ; and how kings attempting to murther private subjects unjustly , have themselves beene sometimes wounded , and casually slaine , is so rise in stories , that i shall forbeare examples : concluding this with the words of t iosephus , who expressely writes . that the king of the israelites ( by gods expresse law , deut. . ) was to doe nothing without the consent of the high priest and senate , nor to multiply money and horses over much , which might easily make him a contemner of the lawes ; and if he addicted himselfe to these things more than was fitting , he was to be resisted , least he became more powerfull then was expedient for their affaires . to these authorities , i shall onely subjoyne these . undeniable arguments to justifie subjects necessary defensive wars , to be lawful in point of conscience against the persons and forces of their injuriously invading soveraignes . first , it is granted by all as a truth irrefragable , that kings by force of armes may justly with safe conscience , resist , repulse , suppresse the unlawfull warlike invasive assaults , the rebellious armed insurrections of their subjects , upon these two grounds , because they are u unlawfull by the edicts of god and man ; and because kings in such cases , have no other meanes left to preserve their royall persons , and just authoritie against offensive armed rebellions , but offensive armes : therefore subjects by the selfe-same grounds , may justly with safe consciences resist , repulse , suppresse the unjust assayling military forces of their kings in the case fore-stated , though the king himselfe be personally present and assistant , because x such a war is unlawfull by the resolution of god and men , and against the oath , the duty of kings : and because the subjects in such cases have no other meanes left to preserve their persons , lives , liberties , estates , religion , established government from certaine ruin , but defensive armes , there is the selfe same reason in both cases , being relatives , therefore the selfesame law and conscience in both . secondly , it must be admitted without debate ; that this office of highest and greatest trust , hath a condition in law annexed to it ( by littletons owne resolution ) to wit , that the king shall well and truely preserve the realme , implied and do that which to such office belongeth ; which condition our king by an expresse oath to all his people solemnely taken at their coronation , with other articles expressed in their oath ( formerly recited ) is really bound both in law and conscience exactly to per●orme , being admitted and elected king by the peoples suffrages upon solemne promise , a to observe the same condition to the uttermost of his power , b as c i have e elsewhere cleared . now it is a cleare case resolved by f marius salamonius , confirmed at large by rebussus by . unanswerable reasons , the authorities of sundry civill lawyers , and canonists quoted by him ; agreed by d alberi●us gentilis , and hugo grotius , who both largely dispute it ; that kings as well as subjects are really bound to performe their covenants , contracts , conditions , especially those they make to all their subjects , and ratifie with an oath ; since god himselfe who is most absolute , is yet most f fi●mely oblieged by his o●thes and covenants made to his despicable vile ●reatures , sin●ull men ; and never violates them in the lea●● degree . if then these conditions and oathes be firme and obligatory to our kings ; if they will obstinately breake them , by violating their subjects lawes , liberties , properties , and making actuall warre upon them ; the condition and oath too would be meerely voyde , ridiculous , absur'd , an high t●king of the name of god in vaine , yea a plaine delusion of the people , if the whole ▪ state or people in their owne defence might not justly take up armes , to resist their kings and their malignant forces in these per●idious violations of trust , conditions , oaths ; and force them to make good their oaths and covenants , when no other meanes will induce them to it . even as the subjects oath of homage and allegiance g would be meerely frivilous , if kings had no meanes nor coercive power to cause them to observe these oathes , when they are apparently broken : and many whole kingdomes had been much overseene in point of policie , or prudence , in prescribing such conditions and oaths unto their kings , had they reserved no lawfull power at all which they might lawfully exercise in point of conscience , to see them really performed and duely redressed , when notoriously transgressed , through wilfulnesse , negligence , or ill pernicious advice . thirdly , when any common or publick trust is committed to three or more , though of subordinate and different quality , if the trust be either violated or betrayed , the inferiour trustees , may and ought in point of conscience to resist the other . for instance ; if the custody of a city or ca●tle be committed to a captaine , leiutenant , and common souldiers : or of a ship to the master , captaine , and ordinary mariners : if the captaine or master will betray the city , castle , or ship to the enemie or pirates ; or dismantle the city wals and fortifications to expose it unto danger , or will wilfully run the ship against a rocke to split , wrecke it , and indanger all their lives , freedomes , contrary to the trust reposed in them ; or fire or blow up the city , fort , ship : not onely the leiutenant masters mate , and other inferiour officers , though subject to their commands , but even the common souldiers and marriners may withstand and forcibly resist them , and are bound in conscience so to doe , because else they should betray their trust , and destroy the city , fort , ship , and themselves too , which they are bound by duty and compact to preserve . this case of law and conscience is so cleare , so common in daily experience that no man doubts it : the care and safety of our realme by the originall politicke constitution of it , alwayes hath beene and now is , committed joyntly to the king , the lords , and commons in parliament , by the unanimous consent of the whole kingdome . the king the supreame member of it , contrary to the trust and duty reposed in him , through the advise of evill councellors wilfully betrayes the trust and safety of this great city and ship of the republicke ; invades the inferiour commanders , souldiours , citizens , with an army : assaults , wounds , flayes , spoyles , plunders , sackes , imprisons his fellow trustees , souldiers , marriners , citizens , undermines the walls , fires the city , ship , delivers it up to theeves , pyrates , murtherers , as a common prey , and wilfully runnes this ship upon a rocke of ruin . if the lords and commons joyntly intrusted with him , should not in this case by force of armes resist him , and his unnaturall instruments , ( there being no other meanes else of safety left them ) they should sinfully and wilfully betray their trust , and be so farre from keeping a good christian conscience in not resisting by force , that they should highly sinne against conscience , against their trust and duty , against their naturall country , yea and their very allegiance to the king himselfe , by encouraging him in , and consenting unto these proceedings , which would make him not to be a king , but tyrant , and destroy him as a king , in the spoyle and ruine of his kingdome , thereby endangered to be consumed ) and tempt god himself : as pope nicholas , and * gratian resolve in these words . if there be no necessity we ought at all times to abstaine from warres , but if inevitable necessity urge us , we ought not to abstaine from warres , and warlike preparations for the defence of our selves , of our country , and paternall lawes , no not in lent , least man should seeme to tempt god , if when he hath meanes , he provide not for his owne and others safety , and prevents not the detriments of holy religion . fourthly , those injuries which allies and other neighbour states or princes may with good conscience repulse with armes from subjects wrongfully oppressed , invaded tyrannically by their soveraignes , or their wicked instruments , at , or without the subjects intreaty , when they are unable to relieve themselves : no doubt the subjects themselves , if able , may with better reason , and as good conscience resist and repell ; because every man is u nearer , and more oblieged to defend and preserve himselfe and those of his owne nation , religion , blood , then strangers are , and may with lesse publick danger , inconvenience , and more speede effect it , then forraigners : but allies and forraigne neighbour states and princes , as x gratian ( out of the . councell of carthage ; augustine , ambrose , hier●m , anastatius , calistus and other ) y albericus gentilis , z iohn bodin , hug● grotius , and generally all canonists , casuists , schoolemen accord , may in many cases with good conscience , by force of arms repulse from subjects wrongfully oppressed , invaded , and tyrannically abused , the injuries offered them by their soveraignes ; and that either at , and in some cases without the subjects intreaty : which they prove by moses his slaying the aegyptian that oppressed the hebrew , exod. . . to . by ioshua his ayding of the gibeonites against the five kings that made war against them , iosh. . by the example of iehoshaphat , kin. , kings . of the chiefe captaines securing paul with a gard of souldiers against the iews who had vowed his death , acts . by abrahams rescuing lot , gen. . by sundry ancient and late examples in story . therfore subjects themselvs no doubt if able , may with good reason and conscience , lawfully resist , and repell their princes invading forces , though accompanied , assisted with his personall presence . fifthly , it is yeelded by all divines , lawyers , canonists , schoolemen ; b as c gratian , d ban●es , e s●to , f lessius , g vasquius , h covaruvi●s , i aquinas , k sylvester , l bartolus , m baldus , n navarre , o albericus gentilis , p grotius and others , that private men by the law of god , and nature , may in defence of their lives , chastities , principall members , and estates , lawfully resist all those who forcibly assault them , to deprive them thereof ; yea and slay them to , unlesse they be publicke persons of eminencie , by whose slaughter the commonweale should sustaine much prejudice , whose lives in such cases must not be willingly hazzarded , though their violence be resisted : which is cleerely prooved by iudges . . . to . sa● . . to . deut. . . . since therefore all these are apparently indangered by an invasive warre and army , more then by any private assaults ; and no ayde , no assistance or protection against the losse of life , chastitie , estate , and other violences , injuries which accompany wars can be expected from the lawes , or prince himself ( the fountaine of this injustice , ) or legall punishments inflicted on the malefactors , whose armed power being above the reach of common justice , and injuries countenanced , abetted , authorised by the soveraigne who should avenge and punish them , every subject in particular , and the whole state in parliament assembled in generall , may and ought in point of conscience joyntly and severally to defend themselves , their neighbours , brethren , but especially their native countrey , kingdome , whose generall safety is to be preferred before the lives of any particular persons , how great or considerable soever , which may be casually hazarded by their owne wilfulnesse , though not purposely endangered or cut off in the defensive incounter , by those who make resistance . and if ( according to q cajetan and other schoolemen , ) innocents which onely casually hinder ones ●light from a mortall enemie may be lawfully with good conscience slaine by the party pursued , in case where he cannot else possibly escape the losse of his owne life , because every mans ownelife is dearer to him then anothers , which he here takes away onely to preserve his ownelife , without any malicious murtherous intent , though others doubt of this case : or if innocent persons set perforce in the front of unjust assailants ( as by the cavalleir●s at brainford and elsewhere , ) to prevent defence , and wrong others with more securitie and lesse resistance , may casually be slain , ( though not intentionally ) by the defensive party ( as i thinke they may ) for prevention of greater danger and the publicke safety ; r then certainely those of publicke place and note ; who wilfully and unnaturally set themselves to ruine their country , liberty , religion , innocent brethren ( who onely act the defensive part , ) and voluntarily intrude themselves into danger , may questionlesse with safe conscience be resisted , repulsed : in which if they casually chance to lose their lives without any malice or ill intention in the defe●dants , it being onely through their owne default , such a casuall accident when it happens , or the remote possibility of it in the combate before it begins , cannot make the resistance either unjust or unlawfull in point of conscience ; for then such a possibility of danger to a publike person should make all resistance unlawfull , deprive the republicke wholly of this onely remedy against tyrannicall violence , and expose the whole common-weale to ruine , whose weale and safety , is to be preferred before the life or safety of any one member of it whatsoever . having thus at large evinced the lawfulnesse of subjects necessary forcible resistance , & defensive wars against the unjust offensive forces of their soveraignes ; i shall in the next place answere the principall arguments made against it , some whereof ( for ought i finde ) are yet unanswered . these objections are of foure sorts , out of the old testament , the new ; from reason , from the example of the primitive christians , backed with the words of some fathers ; i shall propound and answere them in order . the first out of the old testament , is that of numb . . u korah , dathan , and abiram for their insurrection against that very divine authority which god himselfe had delegated to moses and aaron , without any injury or injustice at all once offered to them or any assault upon them . ergo ( marke the non-sence of this argumentation ) no subjects may lawfully take up meere necessary defensive armes in any case to resist the bloody tyrannie , oppression , and outrages of wicked princes , or their cavalleires , when they make warre upon them to destroy or enslave them . an argument much like this in substance . no man ought to rise up against an honest officer or captaine in the due execution of his office , when he offers him no injury at all . therefore he ought not in conscience to resist him when he turnes a theefe or murtherer , and felloniously assaults him , to rob him of his purse , or cut his throate . or , private men must not causelesly mutinie against a lawfull magistrate for doing justice and performing his duty : ergo the whole kingdome in parliament may not in conscience resist the kings captaines and cavalleeres , when they most unnaturally and impiously assault them to take away their lives , liberties , priviledges , estates , religion , oppose and resist justice , and bring the whole kingdome to utter desolation . the very recitall of this argument is an ample satisfactory refutation of it , with this addition . these seditious levites rebelled against moses and aaron , onely because god himselfe had restrained them from medling with the priests office which they would contemptuously usurpe , and therefore were most severely punished by god himself , against whose expresse ordinance they rebelled : ergo , the parliament and kingdome may in no case whatsoever , though the king be bent to subvert gods ordinances , religion , lawes , liberties , make the least resistance against the king or his invading forces , under paine of rebellion , high treason , and eternall condemnation , this is doctor fernes and some others , bedlam logicke , & divinity . the next is this , thou shalt not revile the gods , nor curse the ruler of thy people , ex. . . eccl. . . curse not the king no not in thy thought , and curse not the rich in thy bed-chamber ; ( which is well explained by prov. . . it is not good to strike princes for equitie . ) ergo it is unlawfull for the subjects to defend themselves against the kings popish depopulating cavaleers . i answer , the first text pertaines properly to judges and other sorts of rulers , not to kings , not then in being among the israelites : the second , to rich men as well as kings . they may as well argue then from these texts : that no iudges nor under-rulers , nor rich men whatsoever , though never so unjust or wicked , may or ought in conscience to be resisted in their unjust assaults , riots , robberies , no though they be bent to subvert religion , lawes , liberties : as that the king and his souldiers joyntly or severally considered , may not be resisted : yea , these acute disputants may argue further by this new kinde of logicke : christians are expresly prohibited to curse or revile any man whatsoever , under paine of damnation , rom. . . mat. ● . levit. . . numb . . . . sam. . . levit. . . c. . p . . . levit. . : ▪ prov. . . cor. . . cor. . . pet. . . iude . ergo , we ought to resist no man whatsoever , ( no not a theefe that would rob us , cut-throate cavaleers that would murther us , lechers that would ravish us ) under paine of damnation . what pious profitable doctrine , thinke you , is this : all cursings and railings are simply unlawfull in themselves : all resistance is not so , especially that necessary we now discourse of , against unlawfull violence to ruine church and state. to argue therefore , all resistance is simply unlawfull , because cursing and reviling ( of a different nature ) are so , is ill logicke , and worse divinity . if the objectors will limit their resi●tance , ( to make the argument sensible , ) and propose it thus : all cursing and r●viling of kings and rulers for executing justice impartially ( for so is the chiefe intendment of the place objected , delinquents being apt to clamour against those who justly censure them ) is unlawfull ; ergo the forcible resisting of them in the execution of justice and their lawfull authority is unlawfull : the sequell i shall grant , but the argument will be wholy impertinent , which i leave to the objectors to refine . the third argument is this : that which peculiarly belongs to god , no man without his speciall authority ought to meddle with : p but taking up armes peculiarly belongeth to be lord. deut. . . where the lord saith , vengeance is mine : especially the sword , which of all temporall vengeance is the greatest . the objector puts no ergo , or conclusion to it , because it concludes nothing at all to purpose , but onely this . e●go , the king and cavalleeres must lay downe their armes and swords , because god never gave them any speciall commission to take them up . or , ergo , no man but god must weare a sword , at least of revenge ; and whether the kings and cavalleers offensive , or the parliaments meere defensive sword , be the sword of vengeance and malice , let the world determine , to the objectors shame . the fourth is , from q eccles. . . . . i councell thee to keepe the kings commandment and that in regard of the oath of god : be not hasty to goe out of his sight , stand not in an evill thing ; for he doth whatsoever pleaseth him : where the word of a king is there is power ; and who may say unto him , what dost thou ? this text administers the opposites a double argument , the first is this ; all the kings commands are to be kept of all his subjects , by vertue of the oathes of supremacy , alleigance , and the late protestation including them both : ergo , by vertue of these oathes we must not resist his cavalleeres , but yeeld our thoates to their swords , our purses and estates to their rapines , our chastities to their lecheries , our liberties to their tyrannies , our lawes to their lusts , our religion to their popish superstition and blasphemies , without any opposition , because the king hath oft commanded us not to resist them . but seeing the oath and law of god , and those oathes of ours , obleige us onely , to obey the kings just legall commands and no other , not the commands and lusts of evill councellors and souldiers , this first argument must be better pointed ere it will wound our cause . the second , this : the king may lawfully do whatsoever pleaseth him ergo , neither are he , or his forces to be resisted ▪ to which i answer , that this verse relates onely unto god , the next antecedent ; who onely doth and may doe what he pleaseth , and that both in heaven and earth , psal. . . psal. . esay . . not to kings who neither may nor can doe what they please in either , being bound both by the laws of god , man , and their coronation oathes ( perchance the oath of god here meant , rather then that of supremacie or alleigance ) to doe r onely what is lawfull and just , not what themselves shall please . but admit it meant of kings , not god : first the text saith not , that a king may lawfully doe what he pleaseth : but he doth whatsoever pleaseth him : solom●n himselfe s committed idolatry , built temples for idolatrous worship , served his idolatrous wives gods , married with many idolatrous wives , greivously oppressed his people , &c. for which god threatned to rent the kingdome from himself , as he did the ten tribes from his son , for those sinnes of his : t david committed adultery , and wilfully numbred the people ; and what king ieroboam , manasseh , ahab , other wicked kings have done , out of the pleasure and freedome of their lawlesse wills , to the infinite dishonour of god , the ruine of themselves , their posterities , kingdomes , is sufficiently apparent in u scripture : was all therefore just , lawfull , unblameable , because they did herein whatsoever they pleased , not what was pleasing to god ? if not , as all must grant : then your foundation failes ; that kings may lawfully doe whatsoever they will ; and solomons words must be taken all together not by fragments ; and these latter words coupled with the next preceeding ; stand not in an evill matter : and then pauls words will well interpret his , rom. . . but if thou doe that which is evill be afraid , for he beareth not the sword in vaine , for he is the minister of god , a revenger to execute wrath upon them that doe evill . so that the genuine sence of the place is , and must be this . stand not in an evill matter , for the king hath an absolute power to doe whatsoever he pleaseth , in way of justice to punish thee , if thou continue obstinate in thy evill courses ; to pardon thee , if thou confesse , submit , and crave pardon for them . ergo , the king and his cavalleeres have an absolute power to murther , plunder , destroy his subjects , subvert religion , and he and his forces must not herein be resisted , is an ill consequent from such good premises . the third is this : where the word of a king is , there is power , * and who may say unto him what dost thou ? ( that is , expostulate with , censure him for doing justly , as iob . . . . expound it , ) ergo the king or his forces may not be resisted in any case : they might rather conclude . therefore neither kingdome nor parliament , nor any subject or person whatsoever ought to demand of the king , to what end , or why he hath raised forces and armed papists against the parliament , and protestant religion ? these court-doctors might as truely conclude from hence ; if the king should command us to say masse in his chappell , or our parishes , to adorne images , to turne professed masse-priests , &c. to vent any erronious popish doctrines ; to pervert the scriptures to support tyrannie and lawlesse cruelty : we must and will ( as some of us doe ) cheerefully obey ; for where the word of a king is , there is power , and we may not say unto him , what dost thou ? if a king should violently ravish matrons , defloure virgins ; unnaturally abuse youth , cut all his subjects throates , fire their houses , sacke their cities , subvert their liberties ; and ( as x bellarmine puts the case of the popes absolute irresistible authority ) send millions of soules to hell ; yet no man under paine of damnation , may or ought to demande of him , domine cur ita facis ? sir , what doe you ? but was this the holy ghosts meaning thinke you , in this place ? if so , then y nathan was much to blame for reprehending king davids adultery , z azariah and the . priests who withstood king vzziah when he would have offered incens● , on the incense altar , and thrust him out of the temple , telling him , it pertaineth not to thee vzziah , to burne incense to the lord , &c. were no lesse then traytors . iohn baptist was much over-seene to tell king herod , it is not lawfull for thee to have thy brothers wife . the prophet who sharpely reprehended amaziah for his idolatry and new altar , chron . . . was justly checked by the king , el●iah was to be rebuked , for telling ahab so plainely of his faults , a and sending such a harsh message to king abaziah ; elisha much to be shent for using such harsh language to king iehoram , kings . . . yea samuel and hanani deserved the strappado for telling king saul , and asa , that they had done foolishly , ● sam. . chron. . . b the meaning therefore of this text , so much mistaken , ( unlesse we will censure all these prophets , and have kings not onely irresistible but irreprehensible for their wickednesse ) is onely this : no man may presume to question the kings just actions , warranted by his lawfull royall power : ( this text being parallel with rom. . . . . ) what then ? ergo , none must question or resist his , or his cavalleers unjust violence and proceedings , ( not the parliament the supremest iudicature and soveraigne power in the kingdome ) is a ridiculous consequence : yet this is all this text doth contribute to their present dying bad cause . the . is that usually objected text of c psal. . , . touch not mine annointed . ergo the king and his cavaleers must not be so much as touched nor ●esisted , i wonder they did not as well argue , ergo none must henceforth kisse his majesties hand ( si●ce it cannot be done without touching him , ) neither must his barber trim him , nor his bedchamber● men attire him , for feare of high treason in touching him : and the cavaleers must not henceforth be arrested for their debts , apprehended for their robberies and murthers ; neither must the chyrurgi●n dresse their wounds , or pock-soars , or otherwise touch them , ( so dangerous is it to touch them , not out of fear of infection , but ) for fear of transgressing this sacred text , scarce meant of such unhallowed god-dammee● . such conclusions had been more literall and genuine then the first . but to answer this long since exploded triviall objection , not named by dr ferne , though revived by others since him . i say first , that this text concernes not kings at all , but the true anoynted saints of god their subjects , whom kings have been alwayes apt to oppresse and persecute , witnesse psal. . ● . &c. act . . . act. . , , with all sacred and ecclesiasticall histories , ancient or moderne . this is most apparent ; first , because these words were spoken by god to kings themselves , as the text is expresse , psal , . chron. . . . he suffered no man to do them wrong , but reproved even kings for their sak●s saying , ( even to king themselves , namely to king pharaoh , an king abimelech , gen. . . to . chap. . and . to . ) touch not mine anointed , and do my prophets no harm : therefore not meant of kings . secondly , because these words were spoken directly and immediately of abraham , isaac , iacob , their wives and families , as it is evident by verse . the whole series of the psalme , which is historicall ; the forecited te●ts of genesis to which the words relate , the punctuall confession of augustine , and all other expositors on this psalm ; now neither they , nor their wives , nor their children clearly , were actuall , much lesse anointed kings ; for first , they lived long before the government of kings was erected among the israelites , of whom d saul was the first . . they had no kingdom nor territories of their own when these words were uttered , but were strangers in the land , going from one nation and kingdom to another , sojourning obscurely like pilgrims and strangers upon earth , in egypt , and gerar , under king pharaoh , abimelech , and other princes , not as kings , but subjects and pri●ate men , as verse . . gen. . and . and chap. . . chap. . . deut. . . hebr. . . resolve . thirdly , they were but very few men in number , verse . genesis . . they were masters onely of their own small families , and that under forraign kings ▪ therfore doubtlesse no kings at all . fourthly , this was spoken of these patriarchs wives and families , as well as of themselves , ( and they certainly were no kings , unlesse you will have kingdoms consisting onely of kings , and no subjects at all ) verse . . gen. . . to . chap. . . to . chap. . . chap. . . chap. . . fifthly , the scripture no where calls them kings , much lesse the text , which terms them expresly prophets , touch not mine anointed , and do my prophets ( not properly so taken , but largely , that is , my servants , my chosen people , as verse . expounds it ) no harm : the later clause , do my prophets no harm , being an exact interpretation of the former , touch not mine anointed , that is , my prophets and servants , so far forth as to do e them harm ; for in a common sence , no doubt , they f might be touched without offence to god or them , by way of imbracement , assistance , and the like . sixtly , though there were kings in abrahams dayes or before , as is evident by gen. . , , &c. yet there were no anointed kings , nor were kings ever called gods anointed till sauls dayes , who was the first anointed king i read of , sam. . . and the first king ever stiled , the lords anointed , sam. . , . whereas priests were anointed long before , exodus . . chap. . , . therefore anointed in the text cannot be meant of kings , or of persons actually anointed , but onely of those saints of god , who were metaph●rically and spiritually anointed , having the gifts and graces of gods spirit , psal. , , . hab. . . . cor. . . iohn . . eze. . . isay . . this text then being not meant of kings which are actually , but of christians onely spiritualy anointed , in regard of which anointing ( as i have g elsewhere largely manifested ) they are in scripture , not onely stiled christians ( which in plain english is annoynted ) acts . . c. . . pet. . . but christ ( in the abstract ) cor. . . ephes. . , . the members , body , flesh and bones of christ. cor. . , . ephes. . . . c. . , , . col. . . yea , kings and priests unto god the father : exod. . . pet. . . revel . . . c. . . c. . . for whom god hath prepared a heavenly kingdom , ( wherein they shall reign with christ for ever ) with an everlasting crown of glory too , matth. . . c. . . luke . . c. . . c. . . . col. . . thess. . . corinth . . . tim. . . c. . . heb. . . pet. . . pet. . . iam. . . revel . . . the proper argument then that can be thence deduced by our opposites , is but this nonsequitur . kings themselves must not touch gods spiritually annointed saints and servants to do them harm ; ergo , if kings do violently and unjustly make warre upon them , not onely to harm , but plunder , murther , destroy them utterly , extirpate that religion they professe and are bound to maintain , they are obliged in point of conscience , under pain of damnation , not to resist ; whereas the conclusion should be directly contrary . therefore they may lawfully with good conscience resist them to the uttermost , in such cases : for since god hath thus directly enjoyned kings , not to touch , or do them harm ; if kings will wilfully violate this injunction , they may with safe conscience , by forc● of arms withstand , repulse , their unjust violence , and hinder kings or their instruments from doing them that iniury which god himself prohibits ; else they should be accessories to their kings iniustice , and authors of their own wrongs , according to these received maximes ; h quinon pohibet malum quod potest , jubet ; qui potest obviare & perturbare perversos & non facit , nihilest aliud quam favere eorum impietati : nec caret scrupulo societatis occultae , qui manifesto facinori desinit obviare . qui definit obviare cum potest , consentit : used by ambrose , hierome , augustine , isiodor , anastatius , and gratian , who recites , applies them to defensive wars . and if our opposites ( who pervert this text by translating it from subjects and saints , to kings ) may in their erronious sence safely argue thence , that if subiects take up arms against their princes , contrary to this text , their princes may by vertue of this precept , iustly resist them with force , and repulse their iniuries ; then by the true genuine sence thereof ( being meant of subiects , saints , not kings ) if kings will violently assault and make war upon saints , their subiects , to harm them , they may with as good reason and conscience defend themselves against their kings and ill instruments , as their kings protect themselves in this sort against them , and that by authoritie of this text , by our opposites own argumentation . thirdly , admit this scripture meant of kings , yet what str●ngth is there in it to priviledge them from iust necessary resistance ? if any , it must rest in the word annointed ; but this will afford kings no such corporall priviledges as many fancie , neither from lawfull resistance , nor deposition , nor sentence of death it self , which i shall undeniably evidence to refute a commonly received errour : for , first , it is apparent , that the anointed here meant , are such onely who are spiritually annointed , either with the externall profession and ceremonies of gods true religion , or with the internall graces of the spirit ; for neither abraham , isaac , iacob , nor their families ( nor any kings or priests in their dayes ) for ought we finde , were corporally annointed . besides , the annointing here intended , is that which is common to i priests and prophets ( as touch not mine annointed , and do my prophets no harm , infallibly proves ) rather then that which is peculiar to kings . whence i thus argue , that annoin●ing which is common to subiects as well as kings , and cannot secure any subiects , who in the genuinesence of the text , are gods annointed , from iust resistance , corporall violence , legall censures , or death , cannot in or of it self alone secure kings from any of these , no further then it secures subiects : for the annoiting being the same in both , must have the self-same operation and immunities in both . but this anointing in subiects can neither exempt their persons from necessary iust resistance , if they unlawfully assault or war upon their superiours , equalls , inferiours ; nor free them from arrests , imprisonments , arraignments , deprivations , or capitall censures , if they offend and demerit them , as we all know by k scripture and experience : therefore it can transfer no such corporall immunities or exemptions from all or any of these , to kings ; but onely , exempt them from unlawfull violence and injuries , in point of right , so far forth , as it doth other subjects . in a word , this annointing being common to all christians , can give no speciall prerogative to kings , but onely such as are common to all subiects , as they are christians . secondly , admit it be mean of an actuall externall anoynting , yet that of it self affords kings no greater priviledge then the inward unction , of which it is a type , neither can it priviledge them from just resistance , or just corporall censures of all sorts . first , it cannot priviledge them from the iust assaults , invasions , resistance , corporall punishments of other forraign kings , princes , states , subiects not subordinate to them , who upon any iust cause or quarrell may lawfully resist , assault , wound , apprehend , imprison , slay , depose , iudge , censure forraigne kings , even to death ; as is apparent by l s●hon king of the amorites , and og the k●ng of bashan , slain , the king of m ai hanged by ioshua , the n five kings of canaan that besieged gibeon , on whose ne-ks ioshua made his men of war to put their feet , then smote , slew , and hanged them upon five trees . who also assaulted , resisted , imprisoned , condemned , slew , executed divers other o kings of canaan , to the number of thirty one in all ; by king p adonibezek , q eglon , r agag , with other heathen kings , imprisoned , stabbed , hewen in pieces by the i●raelites . if any obiect , these kings were not actually annoynted , which they cannot prove , since s cyrus an heathen king , is stiled gods annoynted ; no doubt saul was an annoynted king , if not the first in the world , sam. . . yet he was justly resisted , wounded , pursued by the philistines , sam. . . * iosiah an annoynted good king , was slain by pharaoh necho king of egypt , whom he rashly encountred ; t king ahab was slain by an archer of the king of assyria , u king ioram and ahaziah were both slain by iehu , by gods command ; x iehoaaz was deposed by the king of egypt , y iehoiakim and iehoiakin both deposed , fettered and kept prisoners by the king of babylon ; who also y apprehended , deposed , judicially condemned king zedechiah , put out his eyes , and sent him prisoner to babylon bound with fetters of brasse . so z manasses was deposed , bound with fetters of brasse , and carryed captive by the captaines of the king of assyria . a amaziah king of iudah was taken prisoner by iehoash king of israel . infinite are the presidents in stories , where kings of one nation in just warrs , have been assaulted , invaded , imprisoned , deposed , slain , by princes and subjects of another nation ; and that justly , as all grant without exception ; neither their annointing , nor kingship being any exemption or priviledge to them at all in respect of forraigners , in cases of hostility , to whom they are no soveraigns , no more then to any of their subjects . whereas if this royall annointing did make their persons absolutly sacred and inviolable , no forraign princes or subjects could justly apprehend , imprison , smite , wound , slay , depose , or execute them . secondly , kings who are suborordinate b homagers and subjects to other kings or emperours , though annointed , may for treasons and rebellions against them , be lawfully resisted , assaulted , imprisoned , deposed , judged to death and executed , because as to them they are but subjects , notwithstanding their annointing , as appears by sundry presidents in our own and forraign histories ; and is generally confessed by the learned . thirdly , the roman , greek and german emperours , though annointed , the ancient kings of france , spain , arragon , britain , hungary , poland , denmarke , bohemia , india , sparta , and other places ( who were not absolute monarchs ) have in former ages been lawfully resisted imprisoned , deposed , and some of them judicially adjudged to death and executed by their owne senates , parliaments , di●ts , states , for their oppression , mal-administration , tyranny , and that justly , as c bodin , d grotius , with others affirm , notwithstanding any pretence that they were annointed soveraigns . fourthly , popes , bishops and priests anciently were , and at this present in the romish churches are actually annointed as well as kings ; and we know the e popish clergy and canonists have frequently alledged this text , touch not mine annointed and doe my prophets no harme , in councels , decretalls and solemn debates in parliament , to prove their exemption from the arrests , judgements , capitall censures and proceedings of kings and secular iudges for any crimes whatsoever , because ( forsooth ) they were gods annointed , intended in this text , not kings ; therefore kings and seculars must not touch , nor offer any the least violence to their persons , no not in a way of justice . by colour of this text they exceedingly deluded the world in this particular for hundreds of yeeres . but in the seventh yeer of hen. the . in f dr. standish his case debated before a committee of both houses of parliament , and all the iudges of england , this text being chiefly insisted on to prove the clergies exemption , jure divino , was wholly exploded in england , and since that in germany , france , other realms ; and notwithstanding its protection , many g popes , bishops , and clergy-men in all kingdomes , ages , for all their annointing , have for their misdemeanors not only been resisted , apprehended , imprisoned , but deprived , degraded , hanged , quartered burned , as well as other men ( yea h abiathar the high priest was deposed by salomon for his treason against him , notwithstanding his annointing ; ) their annointing giving them not the smallest immunity to doe ill , or not to suffer all kinds of corporall , capitall punishments for their misdemeanors . if this actuall annointing then , cannot lawfully exempt or secure priests and prelates persons , nor the pope himselfe from the premises , how then can it justly priviledge the persons of kings ? fif●hly , among the papists all infants , either in their baptisme , or confirmation are actually annointed with their consecrated i chrisme , and with k extream unction to boot at last cast , which they make l a sacrament , and so a thing of more divine soveraign nature then the very annointing of kings at their inauguration , which they repute no sacrament , as being no where commanded by god : but neither of these actuall unctions , exempt all or any of those annointed with it from resistance , or any corporall punishments , or just censures of any kind ; therefore the very annointing of kings cannot doe it . sixthly , the ceremony of annointing kings , as m cassanaeus with others write , is peculiar onely to the german emperor , the king of ierusalem , the king of france , the king of england , and the king of sicily ; but to no other kings else , who are neither annointed nor crowned , as he affirmes ; so that it cannot give any priviledge at all to any but onely to these . not other kings , who are not anointed now seeing only these . kings are actually anointed , yea lawfull kings and their persons sacred , even before they are annointed or crowned , and other kings persons ( as of spain , hungary , denmark , sweden , poland , &c. ) who are not annointed , are as sacred , as exempt from danger , as those who are enoyled ; and seeing the annointing of kings is at this day a meer arbitrary humane ceremony , not injoyned by divine authority , nor common to all kings , who are n kings before their coronations , it is most certain and infallible , that this enoyling in and of it selfe derives no personall prerogatives or immunities at all to kings , much lesse an absolute exemption from all actuall resistance in cases of unjust invasions on their subjects , or from the censures of their parliaments for publike distructive exorbitances , as most have hitherto blindly beleeved . neither will the frequent next objected speeches of david concerning saul , impeach the premises , sam. . . . c. . . . . & sam. . . . the lord forbid that i should do this thing unto my master the lords annointed , to stretch forth my hand against him , seeing he is the lords annointed . i will not put forth my hand against my lord , for he he is the lords annointed . and david said to abishai , destroy him not , for who can stretch forth his hand against the lords annointed , and be guiltlesse ? the lord forbid that i should stretch forth my hand against the lords annoynted . the lord delivered thee into my hand to day , but i would not stretch forth mine hand against the lords annointed . how wast thou not afraid to stretch forth thy hand against the lords annointed ? thy blood shall be upon thy head , for thy mouth hath testified that thou hast slain the lords annointed . which severall texts seem at first sight to insinuate , that sauls very externall annointing was that which did secure his person from assauls and violence ; and that it is unlawfull even by way of defence , forcibly with a●mes to resist a persecuting unjustly invading king , because he is annointed . but these texts , if duly pondered , will warrant neither of these conclusions . first then , i answer , that sauls bare annointing , considered as an externall ceremony to declare him a lawfull king , did not , could not adde any immunity to his person against davids , or any other subjects justviolent resistance , as the premised reasons manifest ; but it was onely his royall soveraign office conferred on him by god and the people , to which his externall annointing by samuel was but a preparation : that which made saul , with other his successours , a king , was not his bare annointing . for o saul himselfe was annointed by samuel , before he was made and chosen king , not when he was made king. so p david , q hazael , r iehu , with others , were annointed before they were actuall kings , and many of their successors by descent , were reall kings before they were annointed ; some of them being not annointed at all for ought we read : therefore their unction made them not kings , since neither simply necessary , nor essentiall to their being kings . nor did sauls annointing only , preceding his regality , make his person sacred , or any other kings persons ; for then it would follow , that if saul had not been actually annointed , or had continued king for some yeeres without this annointing , then david in such a case might lawfully have slain him , without check of conscience , and that the persons of kings not at all annointed ; and of hereditary kings before their coronations , till they are annointed , should not be sacred , nor exempt from violence ; which is both false and perillous to affirm ; but it was his soveraign royall authority over david ( then his son-in-law , servant , subject ) which restrained him from offering violence to his person . saul then being thus priviledged , not because he was annointed , but because he was an annointed king , and that not quatenus annointed , but quatenus king ; the true sense and genuine interpretation of these texts must be , that sauls person was sacred , exempt from his subjects violence , not because he was annointed , as if that only did priviledge him ; but because he was a lawfull king s appointed by the lord himselfe , the t lords annointed , being but a periphrasis , or forme of speech , wherein the ceremony of annointing , is used for the regality , or kingly power it selfe , declared not conferred by annointing , and in plain words without any figure , it is put for , the lords king , that is , a king appointed by the lord ; in which sence god calls christ v my king ; and david stiles himselfe ( x ) gods king. sauls royall authority without his annointing , not his annointing , predestinating him to his authority being the ground of this his immunity from davids violence . secondly , y saul was annointed some space before he was made king , and z david many yeere before hee came to the crowne : i would then demand of any man ; if saul or david after their unction , and before their election and inauguration to the crown had invaded or assaulted any of the people in an hostile manner , whether they might not have justly resisted , repulsed , yea slain them ●o in their own necessary defence ? if no● , then one subject may not repulse the unjust violence of another in an elective kingdome , if by possibility he may afterwards be chosen king , though for the present he be neither actually king nor magistrate , but a shepheard , as david was , psal. . , ▪ which i presume none will affirm , i am certain none can prove : if so then it was not sauls annointing but onely his royall authority , which made david thus to spare his life , his person . so that our opposites pressing this argument only from his annointing , is both false and idle , as all the premises demonstrate . but to set the argument right ; i answer thirdly , that all which these texts and davids example prove , is but this . that subjects ought not wilfully or purposely to murder or offer violence to the persons of their kings ; especially in cold blood when they doe not actually assault them . ergo they may not resist , repulse their personall actuall assaults , nor oppose their cut-throat cavaleers when they make an unjust warre against them . which argument is a meer non sequitur . for . davids example extends only to sauls own person , not to his souldiers , who were neither kings , nor gods annointed ; and whom david no doubt would have resisted and slain too had they assaulted him , though he spared saul : as a dr. fern himselfe insinuates in these words ; davids guard that he had about him , was onely to secure his person against the cut-throats of saul , if sent to take away his life , &c. he was annoynted and designed by the lord to succeed saul , and therefore he might use an extraordinary way of safe-guarding his person : therefore he and his guard would and might doubtlesse have with a safe conscience resisted , repulsed sauls cut-throat souldiers , had they assaulted david , to take away his life . and if so , then the kings cut-throat cavalleers by his own confession , may lawfully be resisted , repulsed , slain in a defensive way , by the parliaments forces now . secondly , the argument is absurd , because we may forcibly resist and repulse with safe conscience , those whom we may not wilfully slay . if a man assaults me , to beat or wound me , i may resist , repulse him with violence , but i may not kill him in mine own defence , without murder or manslaughter , unlesse i could not otherwise preserve my own life by flight or resistance . b doctor ferne grants , that a subject may in his own private defence , lawfully ward off the kings own blows , and hold his hands , in case of sudden and illegall assaults , much more then of malicious and premeditated : but yet denies , he may either wound or kill him , and that truely . to argue therefore from davids example and words , the king may not with safe conscience be wittingly slain by his subjects : ergo , he and his cavaleers may not be forcibly resisted , repulsed by them for their own defence and preservation , is a grosse inconsequent by the doctors own confession . thirdly , there is nothing in all these speeches , or the practise , or in david , pertinent to the case in dispute ; for when c davids men moved him to kill saul , and would have risen up against him , to slay him , & david refused to act , or suffer his men to do it ; neither saul nor any of his men did actually assault david or his followers , nor so much as once discover them ; but saul went casually to cover his feet into the cave , where they lay hid ; which done , he rose up and went on his way , not once espying david ( though h● cut off the skirt of his robe privily ) nor any of his men with him . to argue therefore , that david and his men might not with a safe conscience stretch forth their hands and rise up against their soveraingne king saul , to kill him thus in cold blood , when he assaulted them not , nor so much as thought of their being in the cave , and went out of it quietly , not discovering them ; ergo , they might not , they would not in conscience have resisted , repulsed him , or his forces , had they assaulted , or given them battell in the cave , is a non-sence conclusion ; just in effect the same with this . i may not resist or repulse one who assaults me not , ergo , i may not resist one that actually assaults me to take away my life , or to beat , rob , wound me : what logick , reason , law or divinitie is there in such an argument ? so after this when d abishai said to david , god hath delivered saul thine enemie into thy hand this day , now therefore let me smite him , i pray thee , with the spear , even to the earth at once , i will not smite him the second time : and david said to abishai , destroy him not , for who can stretch forth his hand against the lords anoynted ( to wit , to slay him purposely , as abishai intended ) and be guiltlesse ? the text is expresse , that saul and his men were then in their own trenches , fast a sleep , because a deep sleep from the lord was fallen upon them ; david and abishai were here the onely assailants , they came into sauls trenches , he and his whole army were in so sound a sleep , that they came to sauls own person , took away with them his spear , and the cruse of water from his bolster , and departed , not being once discerned ; no man resists , assaults , discovers them . to slay saul thus in cold blood , without any assault or present provocation , and especially upon a private quarrell , had been treachery and impiety in a son-in-law , a servant , a subject , a successour ; and to do it with the hazard of their own lives , had any of sauls army been awakened at the stroke abishai would have given him . ( as probably they might have been ) they being but two , and within their enemies trenches , in the midst of the army , who might have easily and speedily slain them , had been rashnesse , indiscretion ; their departure with the spear and cruse was more heroicall , loyall , prudentiall . to conclude therefore , as our opposites do from this speech and example , that david thought it unlawfull in point of conscience for him or abishai to murther his soveraign lord king saul , when he and his men were thus fast asleep in the midst of their trenches , offering them no wrong , making no actuall assaults upon them ; ergo , they could not , would not iustly with safe consciences have forcibly defended themselves against saul and his army , had they been assaulted by them in their own trenches ; is a trascendent absurdity , refuted by the very next words of david to abishai at that instant , sam. . . and david said furthermore , as the lord liveth , the lord shall smite him , or his day shall come to die ; or he shall descend into battell and perish ; which intimates , that if saul would force him to a battell , then he might lawfully defend himself against his violence , though he might not murther him now in his sleep , when he did him no harm ; and if he casually perished in the battell , it was sauls own wilfull default , not his , who could not disswade him by all this his fair carriage and sparing of his life , ( when he had those two advantages to slay him ) from his violent prosecution , nor yet succeed him in the crown ( as god had appointed and foretold ) should he suffer him to murther him and his men in battell without resistance . yea , davids earnestnesse to go with achish and the philistines to the battell against saul , wherein he perished , sam. . ( unlesse we will taxe david for a notable hypocrite and dissembler ) unanswerably evidenceth , that he deemed it lawfull to resist , to encounter saul and his forces in battell , not withstanding his person might chance to perish in the fight , though not to slay him treacherously , and basely upon the precedent advantages : and his slaying of that lying e amalekite who brought him tydings of sauls death , reporting that himself had slain him , to gain a reward from david , he being then one of sauls souldiers ▪ ( as it seems ) concludes onely , that it was not lawfull for any of sauls own men to s●y him , by his own command : not that resistance of him in the open battell was unlawfull in point of conscience . other answers might be given to this objection concerning david and saul . as . that this difference was but private and personall between saul and david , david being then sauls private subject , servant , son in law , not publike between saul his whole parliament or kingdom ; now many things are unlawfull to be done in private quarrels , which are iust and honourable in publike differences . secondly , that david himself , though he thus forbore to murther saul , yet he tels him , sam. . , , . this day thine eyes have seen how that the lord had delivered thee to day into mine hand in the cave , and some bad me kill thee , but mine eye spared thee ; and i said , i will not put forth my hand against my lord , for he is the lords anoynted . moreover , my father , see , yea ▪ see the skirt of thy robe in my hand , for in that i cut off the skirt of thy robe and killed thee not , know thou and see , that there is neither evill nor transgression in mine hand , and i have not sinned against thee , yet thou huntest my soul to take it . the lord judge between me & thee , and the lord avenge me of thee , but mine hand shall not be upon thee and plead my cause and deliver me out of thine hand . and after this upon the second advantage , he useth like words . the lord render to every man according to his righteousnes & faithfulnes , for the lord delivered thee into my hand to day , but i would not stretch forth my hand against the lords annointed . and behold , as thy life was mvch set by this day in my eyes , so let my life be much set by in the eyes of the lord , and let him deliver me out of all tribulation : wherein david declared , that god had given up sauls life into his power , that it was his owne meer goodnesse that moved him to spare saul contrary to his souldiers , and abishaies minds , who would have slain him , without any scruple of conscience ; that the reasons he spared him were : first , because he was gods annointed , that is , specially designed and made king of israel by gods own election , which no kings at this day are , & so this reason extends not so fully to them , as to saul . secondly , because he was his father and lord too , and so it would have been deemed somewhat an unnaturall act in him . thirdly , because it had ●avoured onely of private self-revenge and ambitious aspiring to the crown before due time , which became not david , the quarrell , being then not publike , but particular betwixt him and david onely , who was next to succeed him after his death . fourthly , because by this his lenity he would convince & reclaim saul frō his bloody pursuit , and cleare his innocency to the world . fifthly , to evidence his dependence upon god and his speciall promise ; that he should enjoy the crown after saul by divine appointment ; and therefore he would not seem to usurp it by taking sauls life violently away . most of which considerations faile in cases of publike defence , and the present controversie . thirdly , that saul himselfe , as well as davids souldiers , conceived , that david might with safe conscience have slain as well as spared him ; witnesse his words , sam. . , , thou art more righteous then i , for thou hast rewarded me good , whereas i have rewarded thee evill : and thou hast shewed me this day how thou hast dealt well with me ; for as much as when the lord had delivered me into thine hand thov killedst me not. for if a man finde his enemy wil he let him go wel away ? wherefore the lord reward thee good for that thou hast done unto me this day , &c. and in . sam. . . then said saul , i have sinned ; returne my sonne david , for i will no more do thee harm , because my sovle was precious in thine eyes this day ; behold i have played the fool exceedingly , &c. but the former answers are so satisfactory , that i shall not pray in ayd from these , much lesse from that evasion of dr. fern , who makes this , and all other davids demeanors in standing out against saul f extraordinary ; for he was annointed and designed by the lord to succeed saul ; and therefore he might also use all extraordinary wayes of safeguarding his person ; which like wise insinua●es , that this his scruple of conscience in sparing sauls life was but extraordinary , ( the rather , because all his souldiers and abishai would have slain saul without any such scruple , and saul himselfe conceived , that any man else but david would have done it : ) and so by consequence affirms , that this his sparing of saul is no wayes obl●gatory to other subjects , but that they may lawfully in davids case kill their soveraigns ▪ but davids resistance of saul by a guard of men , being only that ordinary way which all subjects in all ages have used in such cases , and that which nature teacheth not onely men , but all living creatures generally to use for their own defence , and this evasion derogating exceedingly from the personall safety of princes , yea , and exposing them to such perils as they have cause to con the dr. small thanks for such a bad invention , i shall reject it as the extraordinary fansie of the dr. & other loyalists , void both of truth and loyalty . the . obiection out of the old testament is this , sam. . . samuel tells the people , g how they should be oppressed under kings ; yet all that violence and injustice that should be done unto them , is no just cause of resistance : for they have no remedy left them bvt crying to the lord , v. . and ye shall cry out in that day because of the king which ye shall have chosen you , and the lord will not hear you in that day . to this i answer . that by the doctors own confession , this text of samuel , much urged by some of his fellows , to prove an absolute divine prerogative in kings , is quite contrary to their suggestion ; and meant onely of the oppression , violence , and in●u● ( not lawfull power ) of kings , which should cause them thus to cry out to god this truth we have clearly gained by this obiection , for which some royallists will renounce their champion . . it is but a meer fallacie and absurdity not warranted by the text ; which saith not , that they shall onely cry out ; or that they shall use no remedy or resistance , but crying out ; which had been materiall , but barely , ye shall cry out in that day , &c. ergo , they must and should onely crie out , and not resist at all ▪ is a grosse non-sequitur : which argument because much cryed up , i shall demonstrate the palpable absurdity of it by many parallell instances . first , every christian is bound to pray for kings and magistrates , tim. . , . ergo , they must onely pray and not fight for them , nor yeeld tribute or obedience to them : kings and their subjects too are bound to crie out , and pray to god against forraign enemies that come to war against them , as h moses did against pharaoh and his host , i david against his enemies , k hezekiah against sennacherib and his hoste , l asa against his enemies , m abijah and the men of iudah against ieroboam and the israelites their enemies ; and as all christians usually do against their enemies . ( yea , i make no doubt but the doctor , and other court-chaplains , inform his majesty and the cavalleers , that they must cry to god against the parliamenteers and roundheads now in arms to resist them ; ) ergo , they must onely pray , but in no wise resist or fight against them ; all men must pray to god for their n daily bread : ergo , they must onely pray and not labour for it ; sick o persons must pray to god to restore their health : ergo , they must take no physick , but onely pray ; all men are expresly commanded to p crie and call upon god in the day of trouble , ergo , they must use no meanes but prayer to free themselves from trouble ; pretty logick , reason , divinity , fitter for deri●ion then any serious answer . this is all this text concludes , and that grosly mistaken speech of saint ambrose , christians weapons are prayers , and tears ; of which anon in its due place . in one word , prayer no more excludes resistance , then resistance , prayer , both of them may , and sometimes ( when defence is necessary , as now ) ought to concurre ; so that our court doctors may as well argue , ( as some prelates not long since did in word and deed ) ministers ought to pray , and gods * house is an oratory for prayer : ergo , they must not preach ( atleast , very seldom ) nor make his house an auditory for preaching : or as rationally reason from this text , that subjects must cry out to god against their kings oppressions , ergo , they must not petition their kings , much lesse complain to their parliament for relief ; as conclude from thence ; ergo , they may in no case resist the king , or his invading forces , though they indeavour to subvert religion , laws , liberties , as the doctor himself states the controversie : whose arguments will hardly satisfie conscience , being so voyd of reason , ●ence , yea science . the eighth is this , q none of the prophets in the old testament , reprehending the kings of israel and iudah for their grosse idolatry , cruelty , oppression , did call upon the elders of the people for the duty of resistance ; neither do we finde the people resisting , or taking up arms against any of their kings , no not against ahab or manasseh , upon any of these grounds : ergo , resistance is unlawfull . to which i must reply , first , that none of the prophets did ever forbid resistance in such cases , under pain of damnation , as our new doctors do now ; ergo , it was lawfull , because not prohibited . secondly , that as none of the people werethen inhibited to resist , so not dehorted from it : therefore they might freely have done it , had they had hearts and zeal to do it . thirdly , * iosephus resolves expresly , that by the very law of god , deuter. . if the king did contrary to that law , multiply silver , gold , and horses to himself , more then was fitting , the israelites might lawfully resist him , and were bound to do it , to preserve themselves from tyrannie ; therefore no doubt they might have lawfully resisted their kings idolatry , cruelty oppressions . fourthly , q hulderichus zuinglius , a famous protestant divine , with others , positively affirms , that the israelites might not onely lawfully resist , but likewise depose their kings for their wickednesses and idolatries ; yea , that all the people were justly punished by god , because they removed not their flagitious , idolatrous kings and princes out of their places , which he proves by ie●em . where after the four plagues there recited , the prophet subjoynes the cause of them , saying , verse . i will give them in fury to all the kingdoms of the earth , ( that is , i will stirre up in fury all the kings of the earth against them ) because of manasseh the son of hezekiah king of iudah , for that which he did in ierusalem . this manasseh had committed many wickednesses by idolatrie and the shedding of innocent blood , as we may see in the one and twentieth chapter of the second of the kings ; for which evills the lord grievously punished the people of israel : manasseh shed over much innocent blood , untill he had filled ierusalem even to the mouth , with his sins wherewith he made iudah to sinne , that it might do evill before the lord : therefore because manasseh king of iudah did these most vile abominations , above all that the amorites had done before him , and made the land of iudah to sin in his uncleanesse , therefore thus saith the lord god of israel , behold , i will bring evill upon ierusalem and iudah , that whosever shall hear , both his ears shall tingle &c. in summe , if the iews had not thus permitted their king to be wicked withovt pvnisment ; they had not been so grievously punished by god. we ought to pull and cast away even our eye that offends , so a hand and foot , &c. if the israelites had thus deposed manasseh by consent and suffrages of all , or the greatest part of the multitude , they had not been so grievously punished of god. so zuinglius , with whom even s b. bilson himself in some sort accords , who in desending & interpreting his opinion , confesseth , that it is a question among the learned , what soveraigney the whole people of israel had over their kings ; t confessing , that the peoples rescuing ionathan that he ●●ed not , when saul would have put him to death , u davids speech to the people when he purposed to reduce the arke , x all the congregations speech and carriage toward rehoboam when they came to make him king , with the y peoples speech to ieremy , thou shalt die the death ; have perswaded some , and might lead zuinglius to think , that the people of israel , notwithstanding they called for a king , yet reserved to themselves svfficient avthority to overrvle their king , in those things which seemed expedient and needfvll for the pvblike welfare ▪ else god would not punish the people for the kings iniquity , which they must suffer , and not redresse . which opinion , if as orthodox , as these learned divines and iosephus averre it , not onely quite ruines our opposites argument , but their whole treatises and cause at once . but fiftly , i answer , that subiects not onely by command of gods prophets , but of god himself , and by his speciall approbation have taken up arms against their idolatrous princes , to ruine them and their posterities : a truth so apparent in scripture , that i wonder our purblinde doctors discern it not : for did not god himself , notwithstanding his frequent ( conditionall ) promises to establish the kingdom of israel on david , solomon and their posterity ; for z solomons grosse idolatry ( occasioned by his wives ) tell solomon in expresse terms ? vvherefore for as much as this is done of thee , and thou hast not kept my covenant and my statutes , which i have commanded thee , i will surely rend the kingdom from thee , and will give it to thy servant . notwithstanding in thy dayes i will not do it , for david thy fathers sake ; but i will rend it out of the hand of thy son . did not the prophet . abijah in pursuance hereof , rending ieroboams garment into twelve pieces , tell him ? thus saith the lord , the god of israel , behold , i will rend the kingdom out of the hand of solomon , and will give ten tribes to thee ; and i will take the kingdom out of his sons hand , and will give it unto thee , even ten tribes ; and i will take thee , and thou shalt reign according to all that thy soul desireth , and shalt be king over israel ; and i will for this afflict the seed of david . a yea , did not all israel upon solomons death , when rehoboam his son refused to grant their iust requests at their coming to sechem to make him king , use this speech to the king , what portion have we in david ? neither have we inheritance in the son of iesse , to your tents ô israel : now see to thine own house david . whereupon they departed and fell away from the house of david everafter , and made iereboam king over all israel . and doth not the text directly affirm ? wherefore rehoboam hearkned not unto the people , for the cause was from the lord , that he might perform the saying which the lord spake to abijah unto ieroboam , the son of nebat . after which when rehoboam raised a mighty army to reduce the ten tribes to obedience , the word of the lord came to shemaiah the man of god , saying , speak unto rehoboam and all the house of iudah and benjamin , thus saith the lord , ye shall not go up to fight against your brethren the children of israel , return every man to his house ; for this thing is from me ; they hearkned therefore to the word of the lord and returned to depart , according to the word of the lord. lo here a kingdom quite rent away from the very house of david ; yea , a new king and kingdom erected by the people , by gods and his prophets speciall direction , and approbation , for king solomons idolatry . who is such a stranger to the sacred story , but hath oft-times read , how god anoynted iehu king , of purpose to extirpate and cut off the whole house of k. ahab his lard for his and iezabels idolatry and blood-shed , in slaying the prophets , and unjustly executing naboth for his vineyard ? in performance whereof he s●ew his soveraign king ioram , ahaziah king of iudah , queen iezabel , all ahabs posterity , his great men , his nobles , and all the priests and worshippers of baal , till he left none remaining , according to the word of the lord which he spake by his servant elijah , a kings c. . & . for which good service the lord said unto iehu , because thov hast done well in executing that which is right in mine eyes , and hast done unto the house of ahab according to all that was in mine heart , thy children of the ● . generation , shall sit on the thron of israel . this fact therefore of his thus specially commanded , approved , rewarded by god himself , must needs be just and lawfull , not treason , not rebellion in iehu , unlesse the opposites will charge god to be the author , approver , and rewarder o●fin , of treason . neither will it serve their turns to reply , that this was an extraordinary example , not to be imitated without such a speciall commission from heaven , as iehu had , and no man can now a dayes expect ; b for since god hath frequently injoyned all grosse incorrigible idolaters ( especially those who are nearest and dearest to , and most potent to seduce us ) to be put to death , without any pitty , or exception of kings , whose examples are most pernicious , and apt to corrupt the whole nation , as the presidents of the idolat●ous kings of israel and iudah abundantly evidence ) if kings become open professed idolaters , though private persons may not murther them , and their families , as iehu ; yet the representative body , or greater part of their kingdoms , ( as many pious divines affirm ) may lawfully convent , depose , if not judge them capitally for it : and gods putting zeal and courage into their hearts , or exciting them by his faithfull ministers , to such a proceeding , is a sufficient divine commission to satisfie conscience , if no sinister private ends , but meer zeal of gods glory , and detestation of idolatry be the onely motives to such their proceedings . c thus we read , god stirred up baach● , exalted out of the dust , and made him a prince over the house of israel , who slew king nadab , and smote all the house of jeroboam , till he left him not any that breathed , because of the sins of ieroboam which he sinned , and which he made israel sin , d by his provocation where with he provoked the lord god of israel to anger ; who going on after in ieroboams sins , god threatens to ●ut off all his house , and make it like the house of ieroboam ; which was actually executed by zimri , who slew his soveraign king elah , son to baacha , with all the house of baacha , and left not one that pissed against the wall , neither of his kinsfolks ▪ nor of his friends , according to the word of the lord which he spake against baacha by iehu the prophet . which act of zimri , though a just judgement in regard of god , on the family of baacha for their idolatry , was notwithstanding reputed treason in zimri , because he did it not out of conscience or zeal against idolatry , being , and continuing an idolater himself ; but onely out of ambition to usurp the crown , without the peeples consent ; whereupon all the people made omri king and then going all to the royall palace , set it on fire , and burnt omri in it , both for his sins , idolatries , and treason which he wrought . we read expresly , e that after the time that amaziah did turn away from following the lord , they ( for this ) conspired a conspiracie against him in ierusalem , and he fled to lachish , but they sent to lachish after him , and slew him there ; and they brought him upon horses , and buried him with his fathers in the city of iudah . then all the people of iudah took uzziah , who was years old , and made him king in the room of his father amaziah , and he did that which was right in the sight of the lord. so f zachariah , shallum , pekahiah , pekah , four evill kings of iudah , successivly acquiring the crown by murther , and reigning evilly in gods sight , were all slain by gods just judgement on them , of one another , and hoshea . in few words , god himself ever annexed this condition to the kings of israel and iudah , that they should serve and fear him , obey his laws , keep his covenant , otherwise if they did wickedly forsake him , or commit idolatry , he would destroy , forsake , and cast them and their seed off from being * kings . when therefore they apparently violated the condition , the whole state and people , as gods instruments , lawfully might , and sometimes did by gods speciall direction , remov depose , and sometimes put them even to death for their grosse iniquities , and idolatries ; and when they did it not , it was not ( as many think ) for want of lawfull soveraign authority remaining in the whole state and people , ( as i shall fully manifest in the appendix ) but out of a defect of zeal , out of a generall complying with their kings in g their abominable idolatries and sins , which brought war , captivity , ruine , both on their kings , their posteritie , the whole nation and kingdoms of iudah , and israel , as the sacred story plentifully relates . all which considered , this objection proves not onely false , but fatall to the obiectors cause , who might with more discretion have forborn , then forced such an answer to it , which i hope and desire no private persons will abuse to iustifie any disloyalty , sedition , treason , rebellion , or taking up of arms against their lawfull princes , though never so evill , without the publike consent and authority of the representative bodies or major part of their severall realms , byassed with no sinister nor private respects , but ayming onely at gods glory , and the publike weale , security , peace of church and state. thus much in answer to the principall objections out of the old testament . the ninth and most materiall h obiection , on which our opposites principally relie , is that noted text in the new testament , rom. . , . let every soul be subject unto the higher powers , for there is no power but of god ; the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god , and they that resist , shall receive to themselves damnation . from whence dr. fern concludes , . that the king is the supreme or highest power here intended . . that all persons under the highest power are expressely forbidden to resist . . that in those dayes there was a standing and continuall great senate , which not long before had the supreme power in the roman state , and might challenge more by the fundamentalls of that state , then our great councell will or can . but now the emperour being supreme , as s. peter calls him , or the higher power , as s. paul here , there is no power of resistance left to any that are under him , by the apostle . was there ever more cause of resistance then in those dayes ? were not the kings then not onely conceived to be inclined so , and so , but even actually to be enemies of religion , had overthrown laws and liberties ? and therefore if any should from the apostles reasons that he gives against resistance in the , , , verses , ( for rulers are not a ●error to good works , but evill , and he is the minster of god to thee for good ) replie , that rulers so long as they are not a terror to the good , but ministers for our good , are not to be resisted ; the consideration of those times leaves no place for such exception , because the powers then ( which the apostle forbids to resist ) were nothing so , but subverters of that which was good and just . the emperors did then indeed rule absolutely and arbitrarily , which should have according to the principles of those dayes beene a stronger motive to resist . but how did they make themselves of subjects such absolute monarchs ? was it not by force and change of the government ? and was not the right of the people and senate ( according to the principles of these dayes ) good against them , with as much or more reason , then the right of the people of this land is against the succession of this crown , descending by three conquests ? . the prohibition doth not onely concern christians , but all the people under those emperors , and not onely religion was persecuted , but liberties also lost , the people and senate were then enslaved by edicts and laws then inforced on them , by nero and other roman emperours , yet notwithstanding the apostle prohibits them to resist . by all which consc●ence will clearly see , it can have no warrant in scripture for resistance , to wit , of the king , or his invading forces , by way of necessary defence . so the doctors and other ob●ectors hence conclude to give a satisfactory answer to this grand objection , i shall in the first place inquire , whether there be anything in this text , prohibiting subjects to resist with force the armed unjust violence of their princes persons or instruments , especially when they are bent to overthrow religion , laws , liberties , the republike , and turn professed tyrants ? and under correction , i conceive there is not the least syllable or shadow in this text for any such inhibition , as is pretended . not to insist upon the words , higher powers odained of god , &c. which extend not unto tyrannie and illegall exorbitant oppressions , of which hereafter ; i shall deduce my first demonstrations to prove this negative assertion , from the occasion inducing the apostle to insert these objected verses into this epistle : i dr willet recites . reasons of it , all fortifying my assertion ; i shall mention onely the three most probable , most received of them , and apply them as i go . first , the roman magistrates being then infidels , the new converted christians among them , either did , or might take themselves to be wholly exempted from any subjection or obedience to them , reputing it a great incongruity , that christians should owe any subjection to pagans : to refute which error , the apostle informs them , that though the magistrates themselves were ethnicks , yet their authority and power was from god himself ; therefore their profession of christianitie did rather oblige them to , then exempt them from subjection . thus haymo soto , calvin , guather , marlorat , willet , pareus , with others on this text. turn this reason then into an argument , and it will be but this non sequitur : christianity exempts not subiects from due obedience to iust pagan magistrates , ergo , tyrants may not be resisted , neither ought the parliament and their forces to resist the kings cavalleers unjust assaults , as the case is formerly stated . pretty logick , and divinity . . the gaulonites , as k iosephus records , with other iews , being abrahams seed , held it unlawfull for them to yeeld any subjection or tribute to the roman emperors , or other heathen princes , reigning over them ; whereupon they demanded this question of christ himself , is it lawfull to pay tribute to caesar ? matth. . which error perehance spread it self into the christian church , by reason of evangelicall libertie , grounded on ioh. . if the son shall make you free , then are ye free indeed ; mat. . the● are the children free ; and ro. . we are not under the law , but under grace . to refell this mistake , the apostle inserted these passages into this epistle ; thus soto , calvin , peter martyr , willet , and others . whence nothing but this can be properly concluded , neither the prerogative of the iews , nor liberty of christians exempts them from due subjection to lawfull heathen magistrates , because they are gods ordinance , ergo , no subjects can with safe conscience defend themselves in any case against the unjust invasions of tyrannicall princes or their armies . a palpable inconsequent . thirdly , the apostle having formerly taught , * that christians might not avenge themselves : lest some might have inferred thereupon ( as many * anabaptists have done ) that it was not lawfull for christians to use the magistrates defence against wrongs , nor for the magistrate himself to take vengeance of evill doers : to prevent this the apostle argues , that the magistrates are gods ministers , appointed by him to punish malefactors , and take vengeance on them . so gualther , willet , and others . to conclude from this ground : oppressed subjects may seek redresse of their grievances from the magistrates , who may lawfully punish malefactors , ergo , they may not resist with force , tyrannicall bloody magistrates , or their wicked instruments , when they actually make war upon them , to ruine , spoyl , enslave them , is but a ridiculous non sequitur . there is nothing therefore in the occasions of the apostles words which gives the least colour , to disprove the lawfulnesse of such resistance , or of the parliaments just defensive war. secondly , this is manifest by the whole scope of this text , which in summe is onely this , that christians ought in conscience to ( l ) be subject to all lawfull higher powers , so farre forth as they are gods ordinance , gods ministers , for their good , to the praise of the good , and punishment of evill doers , and not to resist them in the execution of their just authority : or christianity exempts not christians from obedience unto faithfull civill magistrates : to inferre from thence . ergo it is unlawfull for christians in point of conscience to resist their magistrates when they warre upon them to subvert religion , lawes , liberties , sl●y , plunder them , is but a meer non-sence deduction . thirdly , this appeares most perspicuously from the motives to obedience , and reasons against resistance of magistrates specified by the apostle in the text it selfe . first , the higher powers must be submitted to , and not resisted , because they are ordained of god , and are gods ordinance , vers . . . but they are ordained of god and his ordinance , so far forth only as they govern according to his word ; and preserve , m protect religion , lawes , liberties , the persons and estates of their people ; they are not gods ordinance , but the devils , n when they doe quite contrary , o walking about lik● roaring lions , se●k●ng whom they may devoure , as the devill doth ; according to that resolution of bracton , and fl●ta p exercere debet rex potestatem iuris sicut dei vicarius & ministeri in terra , quia illa potestas solivs dei est potestas autem injuriae diaboli et non . dei ; cujus horum operum fecerit rex ejus minister crit . ●gitur dum facit justitiam , vicarius est regis aeterni : minister avtem diaboli dum declinat ad injuriam . q therefore they are so farre forth onely to be obeyed and not resisted , as they are gods ordinance , and lawfull magistrates , not a● they are tyrants and the devils agents : we might have obeyed the evill spirits themselvs whiles they continued good angels ; ergo we must not resist them now they are turned devils , is 〈◊〉 logick , course divinity , contrary to the pet. . , . iam. . . secondly , because those who resist shall receive to themselves damnation , temporall or eternall , since they resist gods ordinance , v. but that subiects should be temporally and eternally damned , only for resisting tyrannicall magistrates or their cavaleers , and that by authority from the parliament , when they with armed violence most impiously s●t themselves o subvert religion , lawes , liberty , propertie , and take away their liv●s , against all lawes of god and man ; for which they themselves incurre both r temporall and eternall damnation , ●s ●●ch a paradox , as is no wayes warranted by , but directly opposite to the scripture . therefore it must be intended onely of resisting lawfull authority , and iust commands . . they must be subiected to , not refisted , because rulers are not aterror to good work , but to evil , v. . now is this a reason why subiects should not resist tyrannicall oppressing princes , magistrats , or their instruments , who are only a terror to good works , not to evill ? who do s evill and only evill continually , even with both hands ? doubtlesse not . we must not resist rulers who are a terror to good works but to evill ; ergo , we must not resist rulers , who are a terror to good works , not to evill , as our opposites conclude he●ce , is to argue poi●●blank against the apostle ; ergo , we may and must resist them to our powers , lest we be t partakers of their sinnes and punishments , and become authors of religions and the commonwealths subversion , is a more proper inference . fourthly , the apostle subjoynes this argument against resistance . wilt thou not then be afraid of the power ? doe that which is good , and thou shalt have praise of the same , vers. . that power is not to bee resisted , which wee need not be afraid of , and of whom we shall have prayse whiles we doe that which is good : but this onely can bee intended of a lawfull power justly executed ; not of tyrants , or their ill ministers bent with force of armes to ruine religion , lawes , liberties , ; who onely terrifie , disgrace , discountenance those that are good ; applaud , advance none but those who are evill , and as micah writes , chap. . . . love the evill and hate the good , and pluck off their skin from off them , and their flesh from off their bones , &c. therefore this inhibition of resistance extends onely to lawfull magistrates , not to ungodly oppressing tyrants . fiftly , he is not to be resisted , but obeyed ; because he is the minister of god to thee for good , vers. . but is this true of tyrants ? of ungodly magistrates bent to subvert religion , lawes , liberties , and destroy their people ? true of u caligula , of nero , who wished all the romans had but one necke , that he might cut them all off at one stroke ; and purposely fired rome to consume it , beholding the flames as a most delightfull spectacle ? are such the ministers of god for our good here intended ? or not rather , x the very pests , iudgements , scourges , wolves , cut-throats , destroyers of mankind , and direct antinodes to all things that are good ? if these be not within the apostles definition , they are with out his inhibition ; which extends onely to such , who are the ministers of god to us for good : and implies a lawfulnesse of resisting those who are the devils ministers to us for evill , rather then gods for good . sixtly , he subjoynes this further reason of obedience and not resistance , vers. . but if thou dost that which is evill be afraid ; for he beareth not the sword in vaine ; for hee is the minister of god , a revenger , to execute wrath upon him that doth evill ; which no wayes suites with a tyrant bent to subvert religion , lawes , liberties : for he secures all evill men , especially those who are instrumentall to advance his cruelty , and oppressions ; gives liberty to all manner of wickednesses , proclaimes impunity to his ill instruments , knowing that of the poet to be true ; y libert as scelerum est quae regna invisa tuetur , &c. he beareth the sword not onely in vaine , in reference to any good end , for the promoting of gods glory and the publike good ; but likewise draweth it forth , and useth it directly against both ; and is so farre from being a minister of god , or revenger to execute wrath upon them that doe evill , that he is the very minister of the devill , z a bloody implacable revenger to execute wrath upon those onely that doe good : such was nero , who then reigned , of whom a tertullian , nihil nisi grande aliquid bonum a nerone damnatum . this reason then extends onely to righteous governours , in their execution of justice upon wicked malefactors wherein they must not be resisted ; not to bloody , gracelesse , lawlesse tyrants and their instruments , who by the rule of contraries may and ought to be resisted in their cruelties , oppressions , impieties . seventhly , the apostle hereupon concludes , vers. . wherefore you must of necessity be subject not onely for wrath , but also for conscience sake . this conclusion as the word , wherefore , demonstrates , being inferred from the premised reasons , extending onely to just and upright magistrates , not to tyrants , as they are such ; must relate wholly unto them ; namely , that we must of necessity be subject unto just rules , and the higher powers , governing uprightly ; because they are gods ordinance ; because those who resist them shall receive damnation : because they are not a terror to good workes , but to evill : because we shall have praise of them if we doe good ; because they are the ministers of god to u● for good ; and because they are gods ministers and revengers , to execute wrath upon them onely that doe evill : b neither of which reasons extending to tyrants , this conclusion can never reach to them ; since no law of god or man , necessitates any one to be subject , not onely for wrath , but even for conscience sake , to the unjust commands and violence of tyrants , but the quite contrary : should tyrants enjoyne men , as some have done , to offer sacrifice to idols , to renounce christianity , abjure iesus christ , and yeeld up their chastity to their unruly lusts ; gods c law and conscience in such cases enjoynes them of necessity to disobey and resist those commands , even for conscience sake ; as every man endued with conscience must acknowledge ; therefore this text extends not to resistance of such exorbitant powers in such lawlesse cases . eighthly , the apostle thus proceeds , vers. . for this cause also pay you tribute , for they are gods ministers , attending continually upon this very thing . what , doe men pay any tribute to princes or magistrates for this cause , that they may subvert religion , lawes , liberties ? that they may plunder , murther , warre upon , and expose them to the rapine of their ungodly malignant cavaliers ? or are magistrates , gods ministers , attending continually upon this very thing , to ruine parliaments , church , state , people ? would any men , thinke you , give tyrants wages for such a service , to cut their throats , to devoure and undoe them in soule , body , estate ? or do not they pay tribute to , and magistrates attend continually upon quite contrary imployments ? if so , as none can contradict , then the resistance here is onely intended of lawfull magistrates , who continually attend upon their charge , to protect the good , and punish malefactors ; not of tyrants , who doe quite contrary ; and therefore are to be resisted . ninthly , he infers from the premises , vers. . render therefore to every man his due , tribute to whom tribute , custome to whom custome , feare to whom feare , honour to whom honour : by what law of god are obedience , feare and honour due to tyrants in their ungodly , exorbitant , unjust commands , to subvert religion , lawes , liberties ? certainly the apostle hath no where in this text , nor god himselfe in any other scripture expressed such obedience , resistance , feare or honour to be due unto them : and elisha his speech to king iehoram , king . . compared with ezek. . . iob . . . ch. . . nehem. . . to . ch. . . isa. . . ch. . . lam. . . ch. . proves directly , that they are not their due . therefore this text extends not to them , but onely to lawfull magistrates . lastly , he concludes hence , vers. . owe no man any thing , but to love one another : for be that loveth another hath fulfilled the law. now no such love is owing to tyrants who subvert religion , lawes , liberties ; but we are to hate them with a perfect hatr●d , as enemies both to god and man , borne for the publike prejudice , psal. . . . psal. . . to . , . but onely just and upright magistrates : therefore this text is intended onely of them . by all these premises it is undeniable , that the resistance here prohibited is onely of lawfull magistrates in the due execution of their offices , according to the lawes of god and the realmes they live in ; not of tyrannicall oppressing princes , rulers , or their instruments forcibly indeavouring to ruine religion , lawes , liberties , parliaments , kingdomes ; which fully refutes the doctors fourth observation ; of which more anon . i now proceed to some farther disquisitions for the finall clearing of this text ; and herein i shall examine , first , what is meant by higher powers : whether kings or the roman emperor onely , as our objectors pretend , or all civill magistrates whatsoever as well as kings ? secondly , whether the roman emperour in pauls time were the highest soveraign power in that state , or the senate ? thirdly , whether tyrants and unjust oppressing magistrates , as they are such , be within the intendment of this text , and not to be resisted in any case . fourthly , whether kings and kingdomes be gods ordinance ; or an institution jure divino ; or a humane ordinance jure humano ; and how farre divine or humane ? fiftly , what resistance of the higher powers is here prohibited ? for the first of these . by the higher powers it is cleare , that kings and emperours onely are not meant , as our opposites dreame ; but all kinde of civill rulers and temporall magistrates whatsoever , from the king himselfe to the constable and tithingman : as is apparent , first , by the word , higher powers , used indefinitely in the plurall number , without mentioning any speciall kind of power . secondly , by those words ; there is no power but of god ▪ the powers that are ( that is , all lawfull powers whatsoever now in being ) are ordained of god : which universall negative , and affirmative , must necessarily include all lawfull civill powers . thirdly , by the following words : d for rulers , &c. that is , all rulers in the plurall number ; a title common to all inferiour officers : witnesse exod. . . . , . ( see chron. . . ) and moses chose able men out of all israel , and made them heads over the people : rvlers of thousands , rulers of hundreds , rulers of fifties , and rulers of tennes , ( such as our tithingmen are ) and they judged the people at all seasons . so that the tithingman is a ruler , a higher power within this text. fourthly , the word ministers , for they are gods ministers , &c. in the plurall too , extending generally to all officers . fiftly , by v. , , . render therefore to all their dues , ( that is , to all magistrates whatsoever ; as these ensuing words evidence ) tribute to whom tribu●e is due , custome to whom custome , feare to whom feare , honour to whom honour : owe nothing to any man , &c. that is , to any magistrate , or ruler of what kind soever . sixtly , by parallel texts , extending as well to inferiour lawfull magistrates and officers , as to kings , as ● tim. . . i exhort therefore , that first of all supplications , prayers , &c. be made for all men ; for kings , and all that be in avthoritie , &c. titus . . put them in minde to be subject to principalities and powers , to obey magistrates ( all in the plurall : ) pet. . . . submit your selves to every ordinance of man for the lords sake ; whether it be to the king as supreame , or unto governors , ( in the plurall ) as unto those that are sent by him , for the punishment of evill doers , and the prayse of them that doe well ; compared with iosh. . . . . ezra . , . ephes. . . . col. . . . . tim. . . heb. . . exod. . . chap. . , . ▪ . kings . . seventhly , by all expositors generally on this text , ancient , moderne , protestants , papists , who grant , that this text extends to all civill magistrates , as well inferiour and subordinate , as superiour , ( and many sticke not to straine it even to ecclesiasticall ones ) so origen , ambrose , hierome , remigius , theodulus , chrysostome , theodoret , primasius , haymo , rabanus maurus , theophylact , o●cumenius , haymo , aquinas , anselm , iyra , bruno , gorran , hugo de sancto victore , tostatus , luther , calvin , erasmus , melanchthon , gualther , musculus , bucer , hemingius , ferus , fayus , soto , alexander alesius , peter martyr , pareus , beza , piscator , zuinglius , tollet , willet , wilson , nacclantus , snecanus , vignerius , wenerichius , winckelman , estius , faber , cornelius a lapide , salmeron , catharinus , guilliandus , adam sasbout with sundry others . this then being irrefragable , hereby it is most apparent ; first , that no resistance of the higher powers is here prohibited , but onely in the due and legall execution of their offices : for if any inferiour officers illegally indeavour to subvert religion , lawes , liberties , and unrightly governe the people , they may lawfully be resisted by them : for example , if a maior , justice of peace , constable or other officer ; extravagating from the common course of law and justice ; shall with force of armes in a riotous manner assault any private man , or the whole citie or village where he lives , to beate , wound , kill , plunder , dispossesse the inhabitants of their houses , goods , franchises , or assult them on the highway side , to take away their purses ; in these and such like cases , both in point of law and conscience he may not onely be forcibly resisted , but repulsed , apprehended , battered , if not lawfully slaine by the people , and proceeded against as a delinquent : the reason is , because these illegall unjust actions , are not onely besides , without their commissions , but directly contrary to their offices , and the lawes , which never gave them authority to act such injustice : yet they are higher powers ordained of god , within this text , and no way to be resisted in the due execution of their offices according to law. if then these inferiour officers may be thus forcibly resisted , repulsed , notwithstanding this text , in such cases as these ; then by the selfe same reason kings and emperours may bee thus resisted too ; since the text extends indifferently to them both . let then the objectors take their choyce ; either affirme , that no inferiour lawfull officers whatsoever , may be forcibly resisted , by the people , or repulsed , arraigned , censured for their misdemeanour , by vertue of this text ; which would bring an absolute tyranny , anarchy and confusion presently into the world , and make every constable as great a tyrant , monarch as the grand emperor of the turks ; or else confesse , that this text condemnes not such resistance , even of kings and princes , when they forcibly war upon their subjects to subvert religion , lawes , liberties , and ruine the republike ; since it makes no distinction at all betweene the onespower and the others ; but equally enjoynes subjection , prohibits resistance unto both ; and that onely in just administration of their severall authorities , not in the arbitrary unjust prosecutions of their wils and lusts . secondly , it followes , that the kings souldiers , cavaliers and forces now raised against law , and armed onely with illegall commissions voyd in law , as i have proved ; are none of the high powers ordained of god , nor lawfull rulers or magistrates within the meaning of this scr●pture ; and so the forcible resisting of them , and of the kings illegall commands and designes executed by them , is no resistance of the higher powers here prohibited . thirdly , that t●e ho●ses of parliament being in truth the highest powers ordained of god in this realme , and their just legall ordinances , votes , forces , for the necessary defence of lawes , liberties , religion , against the kings ill counsellors , and malignant popish forces , neither may , nor ought in conscience to be resisted by the king himselfe , or any of his subjects , souldiers , under the perill of that damnation mentioned in this chapter . for the second , whether the roman emperor in pauls time was the highest soveraign power in the roman state , or not ? it is taken for granted by doctor ferne and other a opposites , that he was , as a thing past doubt , the senate and people ( as they say ) having resigned up their power to the emperour . but this no doubt is a grosse errour , ( which i have largely refuted in the appendix , and therefore shall be the briefer here ) derived from some civill lawyers ; who out of iustinian . digest . lib. . tet. . and instit. tit. . falsly affirme , that lege regia ; by the regall law the senate and people transferred all their empire and power unto the emperour . for first the senate and people ( as albericus gentilis b well observes ) did not by this law give the emperour all power and command to dispose of them , or the lands and revenues of the empire , as he pleased ; but onely to governe them according to their lawes , as men ; not to slay and alienate them as beasts . thus reason dictates , so the words of the law sound . c divines are deceived , lawyers flatter , who perswade , that all things are lawfull to princes , and that their power is highest and free . it is ridiculous to affirme , that absolute power over the subjects belongs to popes ; which belongs not to the emperours themselves over the italians , from whom they derive it . imagine therefore that the emperour had a power never so free , yet it is not of dominion , but of administration . d and he who hath but a free administration hath not the power of donation . ( e ) agardian is then reputed in stead of a lord , cum tutelam administrat , non cum pupillum spoliat ; when he rightly administers his tutelage , not when he spoyles his pupill . so gentilis . if then the emperours had onely a free legall administration , not an absolute dominion ; granted them by the people , then this soveraigne power still resided in the senate and people , as iustinian digest . lib. . tit. . de origine iuris , will sufficiently manifest : secondly , f iohn bodin a learned civilian clearely proves : that the roman emperors were at the first ; nothing else but princes of the commonweale , the soveraignty neverthelesse still resting in the people , and the senate : so that this common-wealth was then to have beene called a principality ; although that seneca speaking in the person of nero his scholler , saith . i am the onely man amongst living men , elect and chosen to be the lieutenant of god upon earth : i am the arbitratour of life and death ; i am able of my pleasure to dispose of the state and quality of every man. true it is , that he tooke upon him this soveraigne authority , by force wrested from the people and senate of rome , ( therefore not freely given him by any law ) but in right he had it not , the state being but a very principalitie wherein the people had the soveraignty . in which case , there is no doubt but that it is lawfull to proceede against a tyrant by way of justice , g if so men may prevaile against him : or else by way of fact , and open force , if they may not otherwise have reason ; as the senate did in the first case against nero : and in the other against maximinus . so bodin , who directly resolves , that even in nero his raigne when this epistle was written , the highest soveraigne power was not in the emperour , but in the senate and people : who notwithstanding this objected text , had no doubt a lawfull right , not onely to resist nero when he turned tyrant with open force , but likewise judicially to arraigne and condemne him even to death , as they did , for his publike crimes . now that the soveraigne highest power remained in the senate and people notwiths●anding this lex regia , marius salamonius ( an incomparable learned roman civilian ) hath largely proved in his six bookes de principatu ( purposely written to refu●e the contrary common error ) where he writes , first , that the roman emperors were created and constituted onely by the senat and people ; and that the creature should be superiour to the creator , the child to the parent , is absurd . secondly , that the emperours were but the senates and peoples publike servants ; therefore they were their lords ; and not inferiour , but superiour to their servants . thirdly , that they were subordinate and inferiour to the lawes made by the senate and people ; and bound by all their lawes , but such as the senate and people did by speciall acts exempt them from . fourthly , h that the people and senate did by speciall lawes create , limit , enlarge or abridge their emperours power and jurisdiction , as they saw cause , giving sometimes more or lesse jurisdiction to one emperour then another : which they could not justly doe , were they not the highest soveraigne power . finally he proves it by the very lex regia it selfe ; which because rare and unknowne to most , i shall here recite , to informe and reforme our ignorant court doctors , lawyers , with salamonius his observations from it . lex regia , was not onely one single law : there was not one law for all emperours , but it was revived for every emperour , yet not with the same conditions . the brasse table which yet hangeth in the lateran church , proves that the royall law was accustomed to be altered in every princes reigne at the pleasvre of the roman people ; for it is part of the royall law of the empire of vespatian , that it should be altered : which had beene voyd , if from the beginning of the empire a perpetuall law had beene made for all successors ; the words of the law are these . faedusve ●um quibus volet facere , ita ut licuit divo augusto , tyber . iulio caesari aug. tyherioque claudio , iulio caesari aug. germanico . vtique eum senatum habere , relationem facere , remittere senatus consulta , per relationem , discessionemque facere lic●at , ut licuit divo augusto , tib●rio , iulio caesari augusto , tyberio , claudio caesari augusto germanico . vtique quum ex voluntate , auctoritateue , jussu , mandatione ejus , praesenteve eo senatus habebitur , omnium rerum jus perinde habeatur , servetur , ac si elege senatus edictus esset , habereturque . vtique coss. magistratus potestatem , imperium , curationemve cuivis rei petenti senatui populoque romano commendaverit , quibusve suffragationem suam dederit , promiserit , eorum comitiis qui busque extra ordinem , ratio habeatur . vtique ei fines pomaerii proferre , procurare , cum e rep. censebit esse , liceat ; uti licuit tiberio , claudio caesari , augusto germanico . vtique quaecunque ex usu r●ip . majestate divinar : humanar : publicar : privatarumque rerum esse censebit , ea agere , facere jus , potestasque sit , ita uti divo aug. tyberioque , iulio caesari aug. tyberioque claudi● aug. germanico fuit . vtique quibus legibus , plehisve scitis scriptum fuit , ne divus augustus tyberiusve , iul. caes. aug. tyberiusve , claudius caes. aug. germanicus tenerentur ; his legibus plebisque scitis imp. aug. vespatianus solutus sit ; quaeque ex quaque lege , rogatione divum aug. t●b●riumve , iul. caesarem aug. tyb●●iumve , claudium caes. aug. germanicum facere oportuer at , ea omnia imperatori caesari vespatiano aug. facere li●●at . vtique quae a●tè hanc legem rogatam , acta , gesta , decreta , imperata , ab imp. caesare vespatiano augusto , jussu , mandatuve ejus a quoque sunt , ea perinde just a rata sint , ac si populi plebisve jussu acta essent . sanctio ▪ si quis hujusce legis ergo adversus leges , rogationes , plebisve scitoe , senatusue consulta fecit , feceritve , sive quod cum ex lege , rogatione , plebisve scito , senatusve consulto facere oportebit , non fecerit , hujus legis ergo , id ei ne fraudi esto , neve quid 〈◊〉 eam rem populo dari debeto , neve de ea re cui , actioneve judicato esto , neve quis de ea re apud eum agisinito . this law first shewes , that there was not one royall law made for all emperors , but that for every severall emperour severall lawes were necessary , containing the conditions whereupon the principalitie was collated by the roman people : for to vespatian , it appeares power was granted , of enlarging or setling the bounds , as it was granted to germanicus , but not to other princes . and in the last chapter but one , which saith : and by those things which by any law , &c. it is lawfull to doe ; a larger power is given to vespatian then to the forenamed emperours ; and that they ought to doe some things , which vespatian ought not to doe by law. likewise by these words ; vtique quibus legi●us , &c. solu●us sit : it appeares that vespati●n was not freed from all lawes , nor yet the emperour before him . likewise o●t of the chapter where it saith , ex usu reip. majestate , &c. it is evident that not an absolute free administration of things was committed to the emperours , but onely such as was usefull , that is , which should be for the profit and honour of the republike : whence is inferred , that those things which were not for the benefit and honour of the commonweale , emperors had no right nor power to doe . and in the last chapter is perspicuo●sly set downe that superiour power of the people , greater then the principality it se●fe . how then doth vlpian say , the prince is loosed from lawes ? he saith not from all lawes : verily that he was exempt from many is no doubt , &c. ( yet it was by a speciall clause in th● lex regia . ) this and much more salamonius . all which considered , will infallibly evidence , the roman senate and people to be the highest power in pauls time , not the emperour ; wh● even at this day ( as i bodin proves ) is inferiour to the germane states , who are the soveraigne power : when king henry the fourth of france , anno . used this speech to the duke of savoy ; k if the king of f●ance wou●d be ambitious of any thing greater then his crowne , it might be an empire , but not in the estate that it is now , the title of empire being little more then that of the duke of venice ; the soveraingty ( writes the historian in the margin ) remaining in the states of the empire . all that is objected against the premises , is that passage of t●rtullian , much insisted on : colimus erg● & imperatorē sic , l quomodo & n●bis lic●t , & ipsi expedit , ut homi●em à deo secundum ; & quicquid est à de● c●●secutum , solo deo minorem . hoc et ipse volet : sic enim omnibus major est , dum solo vero deo minor est. sic & ipsis diis major est , dum & ipsi in potestate suntejus , &c. to which i answer , that these words onely prove the emperour in the roman state to be the highest officer and magistrate under god , of any one particular person ; not that he was the soveraigne highest power above the senate and people collectively considered : and the occasion of these words will discover the authors intention to be no other : which was this . the christians in that age were persecuted and put to death by scapula president of carthage , to whom m tertullian writes this booke , because they refused to adore the emperour for a god , to sweare by his genius , and to observe his solemnities and triumphs in an eth●icall manner ; as is evident by the words preceding this passage : sic & circa majestatem imperatoris infamamur , &c. and by sundry notable passges in his apologeticus . in answer to which accusation tertullian reasons in the christians behalfe ; that though they adored not the emperour as a god ; yet they reverenced him as a man next under god ; as one onely lesse then god ; as one grea●er then all others , whiles lesse onely then the true god , and greater then the idol gods themselves , who were in the emperours power , &c. here was no other thing in question ; but whether the emperour were to be adored as god ? not , whether he or the roman senate and people were the greatest highest soveraigne power ? and the answer being , that he was but a man next under god , above any other particular officer in the roman state ; is no proofe at all , that he was paramount the whole senate and people collectively considered , or of greater soveraigne power then the● ; which the premises clearely disprove . adde ; that this father in his apologie thus censures the pagan romans for their grosse flattery of their emperours whom they feared more then their gods , appliable to our present times ; siquidem majore formid●ne & callidiore timiditate caesarem observatis , quam ipsum de olympo iovem , &c. ●deo & in isto irreligiosi erga deos vestros deprehendimini , cum plus timoris , hum●no domino dic●tis ; citius denique apud vos per omnes deos , quam per unum genium caesaris pejeratur ▪ then he addes , interest hominis deo cedere ; satis ●abeat appellari imperator : gr●●nde & hoc nomen est , quod a deo tradetur : negat illum imperatorem qui deum dicit ; nist homo sit , non est imperator . hominem se esse etiam triumphans in illo sublimissimo curru admonetur . suggeritur enimei a tergo , respice post te ; hominem memento t● . etiam hoc magis gaudet tanta se gloria coruscare , ut illi admonitio conditionis suae sit necessaria . major est qui revocatur ne se deum existimet . augustus imperii formator , ne dominum quidem dici se volebat : et hoc enim dei est cognomen . dicam plane imperato●em dominum , sed m●re communi , sed quando non cogor , ut dominum d●i vice dicam . concluding thus : nullum bonum sub ex●eptione personarum administramus , &c. iidem sumus imperatoribus qui & vicinis nostris . male enim velle , male face●e , male dicere , male cogitare de quoquam ex aequo vetamur , quod●unque non licet in imperatorem , id nec in quenquam : quod in neminem , eo forsitan magis nec in ipsum qui per deum t●ntus est , &c. from which it is evident , that the christians did not deifie nor flatter their emperours more then was meet , and deemed they might not resist them onely in such cases where they might resist no others , and so by consequence lawfully resist them , where it was lawfull for them to resist other private men who did injuriously assault them . if then the roman emperors were not the highest . soveraigne power in the roman state when paul writ this epistle , but the roman senate and state , as i have cleared : and if the parliament , not the king , be the supremest soveraigne power in our realme , as i have abundantly manifested ; then this objected text ( so much insisted on by our opposites ) could no wayes extend to the roman senate , state , or our english parliament , who are the very higher powers themselves , and proves most fatall and destructive to their cause of any other , even by their owne argument , which i shall thus doubly discharge upon them . first , that power which is the highest and most soveraigne authority in any state or kingdome by the apostles and our antagonists owne doctrine , even in point of conscience , neither may , nor ought in what case soever ( say our opposites ) to be forcibly resisted , either in their persons , ordinances , commands , instruments , offices , or armed souldiers , by any inferiour powers , persons or subjects whatsoever , especially when their proceedings are just and legall , under paine of temporall and eternall condemnation . but the senate among the romans , not the emperour ; and the parliament in england , not the king , really were and are the higher powers and most soveraigne authority . therefore by the apostles owne doctrine even in point of conscience , they neither may nor ought to be disobeyed or forcibly resisted in any case whatsoever , either in their persons , ordinances , commands , instruments , officers , or armed souldiers , by the king himselfe , his counsellors , armies , cavaliers , or by any inferiour powers , persons , or subjects whatsoever , especially when their proceedings are just and legall , ( as hitherto they have beene ) under paine of temporall and eternall condemnation . i hope the doctor and his camerads will now beshrew themselves that ever they medled with this text , and made such a halter to strangle their owne treacherous cause , and those who have taken up armes in its defence . secondly , that power which is simply highest and supreame in any state , may lawfully with good conscience take up armes to resist or suppresse any other power , that shall take up armes to subvert religion , lawes , liberties , the republike , or the ju●t rights and priviledges of the subject , or of this higher power . this is our opposites owne argumentation . therefore the parliament being in verity the highest supreame power in our state , may lawfully with good conscience take up armes to resist or suppresse his majesties malignant , popish forces , or any other power which already hath , or hereafter shall be raised to subvert religion , lawes , liberties , the republike , just rights and priviledges of parliament , or the subjects ; and every man with safe conscience may chearefully serve in such a warre , upon the parliaments encouragement or command , without guilt of treason , or rebellion either in law or conscience . for the third question ; whether tyrants or unjust oppressing magistrates , as they are such , be within the intendment of this text , and not to be resisted in any case ? i have fully cleared this before from the occasion , scope and arguments used in this chapter ; that they are not within the compasse of this text ; as they are such , and may be resisted in their tyranny and oppressions notwiths●anding this inhibition ; i shall not repeat , but onely fortifie this position with some new reasons and authorities . first then , that which is not the ordinance of god , but rather of the devill , and the me●re sinne and enormity of the governour himselfe , not of the government , is not within the intention of this text , and may lawfully bee resisted without any violation of it . but tyrants and unjust oppressing magistrates as they are such , are n not gods ordinance , but rather the devills ▪ and their tyranny and oppression is onely the sinne and enormity of the governours themselves , not of the government ; a truth granted by all men : therefore they are not within the compasse of this text , and may lawfully be resisted without any violation of it . secondly , that which is no point of the magistrates lawfull power ordained of god , but diametrally repugnant to it , cannot be within the meaning of this text , and may lawfully be resisted ; but the tyranny , oppression , rapine , and violence of lawlesse kings and magistrates are such , as all must and doe acknowledge . ergo , they are not within the verge and compasse of this text , and may lawfully bee resisted . thirdly , all powers intended in the text , are not only ordained , but ordered of god , that is , ( as o paraeus with others observe ) they are circumscribed & bounded with certain rules or lawes of justice and honesty , within which they must containe themselves , else they exorbitate from gods ordinance when they passe beyond these limits , and become none of gods ; this the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( which arias montanus and others render , ordinatae , and the margin of our english bibles , are ordered of god ; ) doth sufficiently warrant being coupled with the subsequent limitations ; for rulers are not a terrour to good workes , but to evill , &c. they are gods ministers attending continually on this very thing . now the tyranny and oppression of kings and other rulers , are meere exorbitances , arbitrary illegall actions , exceeding the bounds of justice and honesty prescribed by the lawes of god and men . therefore not within the limits of this text , and resistible . fourthly , it is generally accorded by all commentators , that though the lawfull power of princes or other magistrates degenerating unto tyrants , be of god , and not to be resisted ; yet the tyranny it selfe , and abuse of this power is of satan , not of god , and the vice of the persons onely , not of the power it selfe ; whence they conclude , that tyrants are not within the meaning of this scripture . so origen , paraeus , willet , with m●●t others on this text ; and zuinglius most expresly explanatio artic. . tom. . f. . . where he complaines , that many tyrants , cheate , steale , rob , slay , plunder , and attempt any thing against their subjects to oppresse them ; assuming a pretext and vayle of their ma●ice from this text of paul. yea dominicus soto , cajetan , pererius , and other popish commentators on this place observe ; that paul addes this epithet , of higher or excelling powers ( omitted by him in other parallel texts ) of purpose to exclude tyrants , who are no excelling lords , nor lawfull powers ; reigning oft times by gods permission for the peoples punishment ; not by his ordination for their good : and blame bucer for saying , that tyrants power is from god , as if he were the author of sinne and tyranny . this then fully answers that absurd errour of docto p ferne , wherein all his force is placed : that the powers in pauls dayes which he here prohibits to resist , were subverters of that which was good ; and the roman emperors tyrants : where he sottishly confounds the tyranny , lusts , and vices of the emperors persons , which were detestable , with their power it selfe , which was good and commendable ; as if the imperiall power it selfe was ill , because nero was ill , and was q therefore justly condemned to death by the roman senate , as a publike enemy to the roman state , though they approved and continued his just imperiall principality , which lasted in succession for many hundred yeares after his censure , death . to which i shall onely adde ; that though nero himselfe were a tyrant , yet the roman senate , and all their inferiour offices were not tyrants ; many of them , no doubt , being just and upright magistrates . the precept therefore being thus in the generall , and the plurall number , let every soule be subject unto the higher powers ; nor personall ; let them be subject to nero ; or speciall , to the roman emperour ( whom paul no doubt would have r specified , had he specially intended them , as our opposites fondly dreame ; ) we may safely conclude , that the apostle intended it onely of lawfull powers and magistrates , not of nero or other tyrants : and writ this to christians onely , to whom he dedicates this epistle , witnesse ch. . v. . to all that be at rome beloved of god , called to be saints , &c. not ●o pagan romans , as the doctor dreames , to whom he writes not ; much lesse to the roman senate , who were then the soveraigne power ; and therefore could bee subject to no other but themselves . precepts of obedience to children and servants , concerne not parents and matters as such , in point of submission or obedience . for the fourth quere : whether kings and kingdomes be gods ordinance ; or an institution iure divino , not a humane ordinance , instituted iure ●umano ? or , how farre divine or humane ? is a necessary considerable question grounded on this text ▪ and very needfull to be discussed to cleare the present controversie . some of our opposites are so intoxicated with the divinity of monarchy , as they confidently s determine ; hat the efficient cause of royall monarchicall power is onely god ; not the people . that kings receive no power or regall authority from the people , but from god alone ; that the power of kings is not a humane , but a divine power , of which god onely is the efficient cause . that the people doe not make the king , but god properly and absolutely ; this power , right and authority he hath from god. that the king hath no dominion and power from his subjects by way of trust , but from god , from whom he hath his kingdome and power , so ●hat by idolatry and oppression , he breakes not the trust reposed in him by hi● subjects , because the people have committed nothing to his charge , but god onely , &c. for proofe whereof they produce prov. . . by me kings reigne , dan. . . god removeth kings and setteth up kings , dan. . . . the most high ruleth in the kingdome of men , and giveth it to whomsoever he will ; and setteth up over it the basest of men , with hos. . . sam. . . ier. . , , . isay . , . and other texts . to this question distinctly , answer and dissipate these grosse erroneous paradoxes ; we must distinguish : first , betweene , government it selfe in generall , and kingly or other kindes of government , in speciall , ( as our opposites distinguish betweene , a sabbath , and the sabbath ; the first they say is morall and of divine institution , the later not . ) secondly , betweene the regall power of kings , the persons invested with this power , the manner of obtaining , and the administration of their power . thirdly , of gods manner of instituting and ordaining things ; which is two fold , immediately by himselfe , mediately by others . and these institutions of both kinds are either universall , extending to all places , nations ; or particular , concerning some countries , and nations onely , and not others ; perpetuall for ever , or temporall onely for some set time : immutable , not capable of the least alteration ; or mutable , and that either at the pleasure of god onely ; or at the will of men , when they shall see just cause , either in part or in whole . fourthly , in what severall senses things may be said to be of god. first , in respect of his owne immediate institution . secondly , of his generall or speciall commands . thirdly , of his generall or speciall disposing providence , without any speciall institution or command . fourthly , of his approbation of , assent unto , and blessing on the meere institutions of men . fiftly , of his permission onely . to apply these distinctions to the present occas●on . first , it is cleare , that power and government in generall are gods owne institution ; who as he hath appointed ( in the great fabricke of the world a t certaine constant forme of government and subordination of one creature to another ) so he hath for the good of mankinde , appointed that there should be some forme of government or other among men in the world ; which in respect of families hee hath specially and universally d●creed , u as that the wife should be subject to the husband , the children to the parents , the servants to their masters ; but in regard of commonweales , or nations , hee hath left it arbitrary and indefinite , leaving every nation and country free liberty to elect such a publike politike forme of government , as themselves should judge most expedient for their publike good , and that mutable ( since all humane things are so ) as they should see just occasion , not prescribing any sempiternall , immutable forme of government to any particular nations , regions , much lesse to all the world . secondly , government in generall being thus of god , but the kindes of it thus left arbitrary to mens institution and free election ; the particular governments instituted by any nation for the better regulating of their lives , the preservation of humane society , and advancement of gods glory , may be truely said in some sense to be of god , though instituted , invented by men . not because god himselfe did immediately ordain or prescribe them by speciall command to all , or any one people : or because god himself did immediately ordaine or prescribe them by speciall command to this , all , or any one people : but because hee by his generall or speciall providence did direct this nation to make choyse of such a government , or gave them wisedome to invent and settle it , as most commodious for their republike , till they should see cause to alter it : or because he blessed and approved it , when invented and received by them . thirdly , kingly powers , kingdomes , kings ( the things now in question ) are , and may be said to be of god , and ordained of god , in no other manner or sense , then all other particular governments or magistrates are . for this text of the romans , speaking onely of the higher powers , the powers that are , and of rulers ; as doth that place of titus . . and the text of prov. . , . ( so much relied on by the objectors ) extending as well to all subordinate rulers as kings ; witnesse the subsequent words , by me kings reigne , and princes decree justice : by me princes rule and nobles , yea all the judges of the earth ; ( that is , all magistrates whatsoever ) it cannot but be yeelded ; that all and every lawfull kinde of government , all lawfull rulers and magistrates of what sort soever are of gods ordination , and his ordinance , as farre forth as monarchies are ; and what is truely affirmable of the one , is of the other too . these generalls thus premised as indubitable ; i say first of all : that monarchy or regall power is not of god , nor yet gods ordinance by way of immediate divine institution or speciall command from gods owne free motion , as our opposites affirme it . for first , god himself never immediately instituted a royall monarchicall government in any nation whatsoever , no not among his owne people ; whose government was at first y paternall and pa●riarchicall ; next aristocraticall ; then regall ; not by gods immediate institution and vol●●●ary designation ; but by the peoples earnest importunity , contrary 〈…〉 as is evident by sam. c. , and , and , and . hos. . . and the appendix . secondly , z all poli●icians , and historians grant , that the originall erection of all monarchies was either by the peoples free consent and ordination ; or by tyranny and usurpation ; or by conquest ; none by divine institution or speciall command from god : and it must needs be so , because most a kingdomes were primitively erected , either among pagan nations and states , who knew not god nor his word , or among christian states since speciall commands and revelations from heaven ceased : which if our opposites deny ; i shall desire them to instance in any one monarchy in the world , instituted immediately by god himselfe , or by speciall command from his owne free motion : till this be done , all their asseverations will be accounted fabulous . thirdly , if regall power be gods ordinance by way of divine immediate institution and command ; then this institution of regall monarchy , with the severall prerogatives , and boundaries of it , would appeare in some text of scripture , and this government would be specially and perpetually prescribed either to all , or some particular nations by god himselfe . but this institution , with the generall prerogatives and bounds of regall authority , are no where extant in scripture , neither this forme of government therein prescribed , but left arbitrary to all or any nation in particular , for ought any man can demonstrate . those texts which concerne the kings of the israelites in point of soveraignty , and prerogative , being judiciall onely , and peculiar to that nation , nor morall , or extending unto others . therefore it is not gods ordinance by way of divine immediate institution , or command . fourthly , if it were of divine ordination in this sense ; then the regall power and authority of all kings and monarchs in the world should bee equall , yea the very same ; and there should be no different kinde of kings ; as the divine authority of all ministers ( being of gods owne institution by one and the same commission ) is one and the same : but the regall power and jurisdiction of all kings and monarchies in the world is not equall nor the same ; for some have farre greater authority then others ; there are many different sorts of kings in the world , some onely annuall , ●thers for life , others hereditary , others at will , deposible at the peoples pleasures when ever they offended , ( such were the kings of the b vandalls in africk , of the c gothes in spaine ; cum ipsos deponerent populi quoties displicuissent : such the kings of the heruli ( procopius , gothieorum ) of the lombards , paulus warnafredi , l. . & . of the burgundians , ammianus , . lib. . of the moldavians , laonichus chalcocandylas ; the king of agadis among the africans , ioannis leo , lib. . of the quadi and iazyges ( in excerptis dionis ) with sundry others hereafter mentioned . ) some elective , others successive , some conditionall , others absolute , as i have plentifully mentioned in the appendix . therefore they are not of divine ordination in the objectors sense . fiftly , if kings were of divine ordination in this sense , then their kingdomes and people upon their elections , institutions and coronations could not justly prescribe any conditions , oathes or covenants to them , upon promise of performance whereof they onely accept of them to be their kings , refusing else to admit them to reigne over them ; and such conditions , oathes , covenants , would be meere nullities , since men have no power at all to detract from gods owne divine institutions , or to annex any conditions or restrictions to them . but our antagonists themselves dare not averre , that kingdomes and nations upon their kings coronations , institutions and elections may not lawfully prescribe conditions , oathes , and limitations to them , upon promise of performance whereof they onely submitted to them as their soveraignes , it being the received practise of our owne , of all or most other kingdomes whatsoever , e especially elective ones , and confirmed by divine authority , chron. . . to . therefore they are not of divine institution in the objected sense . sixthly , all f lawyers and most orthodox divines determine , that kings have no other just or lawfull royall authority , but that which the lawes and customes of their kingdomes allot them , and that the law onely makes them kings , from which if they exorbitate they become tyrants and cease to be kings . their royall authority therefore is of humane institution properly , not divine ; from their people , who both elect , constitute them kings , and give them all their regall authority by humane lawes enacted , not from god as the onely efficient cau●e . seventhly , all kingdomes , monarchies , policies , are mutable and variable in themselves , while they continue such ; yea , temporary and alterable into other formes of government by publicke consent , if there be just cause ; without any immediate command or alteration made by god himselfe , or his divine authority : there being no positive law of god confining any nation , ( whose humane earthly condition is still variable ) to a monarchicall or any other constant forme of government only , much lesse for perpetuity without variation . therefore , they are not of divine institution in this sense . eightly , st. peter expressely defines kings and monarchies , in respect of their institution , to be humane creatures , or institutions , pet. . . submit your selves to every ordinance of man for the lords sake ; whet●er it be to the king , as supreame , &c. and they are common to pagans who know not god , as well as to christians . therefore , they are not simply divine , but humane ordinances . ninethly , our antigonists will yeeld , that other formes of government , whether aristocraticall , oligarchicall , democraticall , or mixt of all three , are not absolutely and immediately of divine institution ; nor yet dukes , principalities , with other inferior rulers , though the apostle in this text makes them all equally gods ordinance , and divine . therefore monarchy , kings and kingdomes are not so . tenthly , the very text it selfe seemes to intimate , that royalties and higher powers are not of god , by way of originall or immediate institution● , or command : for the apostle saith not ; that all powers whatsoever were originally instituted and ordained by god himselfe ; but , there is no power but of god ; the powers that be , are ( not were at first ) ordained ( or rather , ordered ) of god : that is ; where powers and governments are once erected by men , through gods generall or speciall providence , there god approves and orders them for the good of men . . if monarchies , and kings themselves be not of divine institution , and gods ordinance in the former sense , as is most apparent : & aristotle , plato , all politicians grant ; then they are so onely in some other sense , in what i shall truely informe you . first , they are of god , and his ordinance , by way of imitation , as derived from gods owne forme of government , which is monarchicall ; whence he is called , g the only god , god alone , h the king of kings , and lord of lords . secondly , by way of approbation ; he i approves and allowes this kinde of government where it is re●●ived , as well as other formes . thirdly , by way of direction , he gives divers generall k rules and directions to kings ( and to other rulers and magistrates also as well as them ) in his sacred word how they ought to demeane themselves , towards him and their subjects ; and likewise l to subjects , how they should carry themselves towards their kings ; and all other rulers and governours temporall or spirituall : in which sense they may be properly said , to be ordered and ordained too , of god. fourthly , by way of speciall providence and incitation ; god excites and moves some people to make choyce of kings , and monarchicall formes of government , rather than others ; and to elect one man or family to that dignity rather than others , yea his providence mightily rules and swayes in the changes , the elections , actions , counsels , affaires of monarchies , kingdomes , kings , states , to order them for his own glory , the kings , the subjects good or ill , in wayes of justice or mercy ; as is evident by dan. . . c. . . . hos. . . ier. . , , . isa. . , , . c. . . to . psal. . . psal. . , . iob . . to . dan. . . . the genuine d●ift of all these texts . fifthly , kings may be said to be of god and his ordinance , because they , ( and so all other rulers , judges , magistrates as well as they , in respect of their representation and the true end of government ) are said to be gods ; to be gods ministers and vicegerents ; to sit upon gods throne , and ought to reigne , to judge for god , and to rule gods people according to gods word , with such justice , equity , integrity as god himselfe would governe them . exod. . . chron. . . rom. . , . sam. . . psal. . , , sam. . . prov. . , . psal. . . cor. . . isa. . . c. . . c. . . deut. . . sixthly , ill kings , and tyrants , may be said to be of god , by way of permission , and of ordination too , in reference to the peoples punishment , iob . . hos. . . sam. . . in these regards ( common to all other governours and lawfull governments , as well as kings and monarchies ) kings and kingly authority , are and may be said to be of god , and gods ordinance ; yet not immediately , or properly in the first acception , here refuted , but so as that still they are really the institutions and ordinances of men , of humane , not divine right , and authority . as for the objected scriptures to prove kings jure divino , as prov. . . by me kings reigne , &c. ergo , they are of immediate divine institution , and have all their authority from god , not from the people , and may in no case be resisted , censured , deposed , or put to death for any misdemeanours ; the consequences , thence inferred . i answer , first , that this text speakes onely of the promotion or reigne of kings ; m not of the erection and power of monarchies ; and so doe daniel . . . c. . . . c. . ● . . with the other objected scriptures . secondly , if it be meant of the rule of kings ; then true it is , that good kings reigne by gods direction , according to his word , executing justice , and judgement , 〈◊〉 he enjoynes them ; but then it is not true of wicked kings and tyrants , who though they reigne by gods providence or permission , yet they rule not by his word and will as he prescribesthem . thirdly , if it be meant of the meanes and manner of kings comming to their kingdomes , as i conceive it is , and the texts of daniel perswade : true it is : first , that some kings reigned and came to the crowne by gods immediate nomination and designation , as saul , david , solomon , ieroboam , iehu , and hazael did : but that all , or most did heretofore , or now doe so , especially in pagan kingdomes , is a notorious falshood . secondly , it is true , that most lawfull kings in hereditary or elective kingdomes , come to their crownes , and reigne ; though not by gods immediate nomination , yet by his ordinary or speciall providence , ( though it be untrue of vsurpers , and tyrants who come to reigne by treason , murther , or other unlawfull meanes ; and so by gods l permission onely , rather than his providence : and then the sense of the place is but this ; that kings receive their crownes , and reigne by gods generall , or more speciall providence : which i thinke is the full and proper sense of the place . in this sense c. plinius seeundus a heathen in his admirable panegyric to the emperour trajan , a pagan , rhetorizeth thus of him : quid enim praestabilius est , aut pulchrius munus deorum , quam castus & sanctus & diis simillimus princeps ? ac si adhuc dubium fuisset sorte casuque rectores terris , an aliquo numine darentur , principem tamen nostrum liqueret divinitus constitutum . non enim occulta potestate fatorum , sed ab iove ipso , coram ac palam repertus , electus est , &c. which * tertullian thus seconds , speaking even of the roman pagan emperours . inde est imperator , under & homo antequam imperator ; inde potestas ei , unde & spiritus : per deum tantus est : so irenaeus , cujus jussu homines nascuntur , hujus jussu & reges constituuntur . and diodorus siculus of the aegyptians ; existimant non sine divina quadam providentia , pervenisse ad summam de omnibus potestatem : so the m esses , hold this opinion , non obtingit cuiquam imperium sine dei cura speciali : so n vitigis , omnis provectus , maxime regius , ad divinitatis munera referendus est : and clemens o romanus , too . regem timeto , sciens domini esse electionem . which grotius de iure belli , l. . c. . sect. . confirmes with other authorities ; all concurring in this , that kings and emperours are such onely by the selfe-same providence of god , by which they were men before they were emperours ; which gives them no greater prerogative in respect of irresistibility in unjust exorbitant actions , then their being men , by the selfe-same providence of god , gave them before they were emperours , as tertullians words most clearely prove . but what priviledge this alone should yeeld to kings , more than to any other magistrates , men or beasts , for my part i cannot yet discerne . for doth not the same text say of nobles , princes , judges , as well as of kings , prov. . , . by me princes ( put as contradistinct to kings ) decree justice ; by me princes rule and nobles , yea all judges of the earth ? doth not david say of all kinde of promotions whatsoever , psal. . , . the lord raiseth the poore out of the dust , and lifteth the needy out of the dunghill ; that he may set him with princes , even with the princes of his people ? and psal. . , . promotion commeth neither from the east , nor from the south ; but god is the iudge ; he putteth downe one and setteth up another ? nay , doth not christ informe us p that the very haires of our head are all numbred ? that two sparrowes are sold for a farthing , and yet one of them shall not fall on the ground without our fathers providence ? yea doth not every man , yea every bird , beast , fish , raven , and living creature whatsoever , ( as the scripture q expressely resolves ) receive , enjoy their lives , honours , offices , estates , food , rayment , being , preservation , by gods generall and speciall providence , as well as kings their crownes , honours , lives , estates ? and is not the providence , yea are not the very o angels of god , who are all ministring spirits , sent forth to minister to them who shal be heirs of salvation , as vigtiant ●ver every pious christian ( though never so mean & despicable ) as over the greatest monarch in the world ? if so , as all men must necessarily acknowledge ( there being p no r●spect at all of persons with god , who accepts not the persons of princes , regards the rich no more th●n the poor , for they are all the work of his hands ) then kings reigning by the providence of god , can of itself no more ●xemp● them from resistance ▪ censures , deprivations , for their dete●table publike crimes , then it exempts any other nobles , princes , iudges , mag●strates , christians , or the mean●st subiects whatsoever ; which i shall make good by one more unanswerable demonstration . there is not one of our antagonists but will acknowledge , that prie sunder the law , and all ministers under the gospell , if rightly qualified , are made such not only by gods speciall p●ovidence , but likewise by divine institution from god himself ; nay , tollet , q willet , and many others on this very text of the romanes , make a difference between the civill and ecclesiasticall regiment and power : for the first ( say they ) is so from god , that yet the institution thereof may be devised and altered by man , and therefore peter calls it , the ordinance of man ; but the spirituall power is immediatelly instituted by god , and no wayes alterable or determinable by man : and therefore the apostle saith ephes. . . he gave some to be apostles , some prophets , some evangelists , &c. so that by their determination , ministers are more gods ordinance , and more jure divino , then kings ; yea but few years since they all professed themselves to be as much , if not more , gods anointed then kings ; and some of our * archest prelates made publike challenges in ●he open court , that if they could not prove their lordly episcopacy to be iure divino , they would presently burn their rochets , and lay down their bishopricks ; though they never made good their promises : & to doubt , whether the pope and his supreme authoritie be iure divino by christs own immediate institution , deserves a fagot in the roman church : yet not withstanding all this divine right and institution , our opposites will grant , that if popes , archbishops , bishops , priests , r ministers preach false hereticall doctrines , oppresse , wound , slay , rob , plunder the people committed by god to their cures ; or attempt with force to subvert r●ligion , laws , liberties ; or commit any capitall offences , they may not onely with safe conscience be resisted , repulsed by their people , but likewise apprehended , arraigned , deprived , condemned , executed , by lay iudges , as infinite examples in our hi●●ories manifest , and the ●xample of abiathar the high priest , kings . , . and if so , then why not kings as well as they , or other temporall m●gist●ates , not withstanding any of the objected texts ? either therefore our oppo●ites must grant all bishops , priests , ministers , yea , all o●her magistrates whatsoever , as irresistible , uncensurable , undeprivable , uncondemnable , for any crimes whatsoever , as they say kings are , which they dare not do ; or else make kings as resistible , censurable , deprivable , and lyable to all kindes of punishments , ( by their whole kingdoms consent in parliament ) as far forth as they , notwithstanding all the former objections , which quite subverts their cause . thirdly , kings and kingdoms are not so gods ordinance , as that they should be universall over all the world , and no other government admitted ; or so , as any one nation whatsoever should be eternally tyed to a monarchicall government , without any power to alter it into an aristocracy , or other form , upon any occasion ; or so a● unalterably to continue the soveraign power in one family alone , as not to be able to transfer it to another , when the whole state shall see just cause : hereditary kingdoms being but offices of publike trust for the peoples good and safety , as well as elective ; most of them were elective at first , and * made hereditary onely either by violent usurpation , or the peoples voluntary assents and insti●tution , and not by any immediate divine authority , and so alterable by their joynt assents , as s zuinglius , t buchanon , v mariana observe , and the histories of most kingdoms , the experience of all ages evidence . which truths being generally confess●d by all x polititians , historians , statists ; by many judicious divines , contradicted by no one text of scripture that i have met with which our opposites have objected hitherto , they will finde all monarchies upon the matter , to be meer humane institutions , alterable still by that humane power which did at first erect them , and subordinate still thereto , as the creature to its creator ; and to be gods ordinance onely in regard of speciall providence , and the like , a● other inferiour magistrates , rulers are , who may be justly resisted , altered , removed , censured , notwithstanding the objected text. from which whiles some men earnestly presse , that every soul by gods own ordinance , ought to be subject to some publik● civill power , ( which y others saf●ly deny , since the patria●ks , the first families of most nations and countries were not so , and all nations , all people before setled publi●e governments , were erected , which in many places are not very ancient ; since those whose parents are dead , and are not by them sub●ected to a government , are naturally free ; and none bound to part with their freedom to any other , unlesse they see a necessitie , a great advantage , and that upon such terms and conditions as they deem meet , ) they involve even kings and emperours themselves by gods own ordin●nce , in a subiection to a superiour earthly c●vill power , to wit , to their laws , parliaments , kingdoms , ( which i have proved paramount them , collectively considered ) according to the common proverbe z omne sub regno graviore regnumest ; and that of a solomon ( concerning oppressing kings and judge● ) he that is higher then the highest considers , and there be higher then they : and so make kings ●ot onely resistble by their whole kingdoms the supreme soveraign power , but likewise subiect to their realms superiour commands , and uncapable to resist their lawfull power and forces even in point of conscience , by vertue of this very text. and so much for the fourth question . for the fifth and last , b what kinde of resistance of the higher powers is here prohibited ? i answer briefly , that resistance is here forbidden , which is con●rary to subiection or obedience , as the words , let every soul be subject to the higher powers , coupled with the ensuing reason , whosoever therefore resisteth ( that is , disobeyeth , or is not subiect to ) the power , resisteth the ordinance of god ; and they that resist shall receive to themselvs damnation . in the greek there are two distinct words used , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the latine , english , french , dutch use them both as one , without distinction : the first word signifies properly disordered , counter-ordered , on ordered against , ( as paraeus , willet , and others observe ) and it is thus used by the apostle , thess. . , , ; or disobedient . tim. . . the later word signifieth properly to resist , withstand , or oppose ; in which sence it is used , matth. . . luk● . , . act. . . rom. . . gal. . . tim. . . hebr. . . iam. . . chap. . . . pet. . . and applied indiffer●●tly both to a spirituall , corporall , and verball resistance of the holy ghost , the devill , or men : since ▪ then the apostle in this text useth the hebrew phrase soul , not man , let every soul be subject to the high●r powers : because ( as haymo , tollet , willet , soto , and most other interpreters observe ) we c ought willingly and cheerfully to submit to the higher powers , not only with our bodies , but soules and spirits too : i may hence cleerly inferre , that the resistance of the higher power here prohibited as contrary to this subjection , is not only that which is corporall and violent by force of armes , as the objectors glosse it ; but that likewise which is verball , mentall , spirituall in the soule it selfe without the body , and no more then a meer passive resistance , or not obeying : for not to doe what the higher powers enjoyn , is in verity actually to resist , to withstand them ; as not to doe the will , not to yeeld obedience to the motions , dictates of the holy ghost or devill is really to resist them , even in scripture phrase : yea , corporall resistance or opposition by way of force is only an higher degree of resistance , but not the onely or proper resistance here prohibited , which relates principally to the soule and spirit . for as corporall forced obedience against a mans will which still holds d out , is no true obedience in the esteem of god or men : and as the very essence , life of all outward obedience consisteth e principally in the cheerfull submission or activity of the soule or will : so a forced corporall resistance against the mind or conscience , is in a manner no resistance ; and the very malignity , quintessence of all inward or outward resistance , disobedience , rests only in the mind , soule , will ; and is here principally forbidden , as is evident by the . verse ; wherefore ye must needs be subject , not onely for wrath ( which relates only to the body , which mens wrath can only harm in case of disobedience , mat. . . ) but also for conscience sake , which principally , if not wholly relates unto the soule , of which the conscience is a chief-overruling part . this then being altogether irrefragable , gives our antagonists , with dr. fern , an etern all overthrow , and unavoidably demonstrates the resistance of the higher powers here prescribed , to be only of iust lawfull powers in their l●st commands or punishments ▪ which we must neither corporally , verbally , nor so much as mentally resist , but readily submit too with our very soules , as well as bodies : not of tyrants or ungodly rulers uniust oppressions , forces , proceedings to subvert religion , lawes , liberties , which all our opposites , all divines whatsoever grant , we are bound in conscience passively to resist , and disobey ; yea , with our tongues to g reprehend , and our souls and spirits to oppose , detest , abhorre , hate in the very highest degree of opposition , notwithstanding this inhibition : and therefore by like reason are no wayes prohibited , but authorized by it , even forcibly to resist to our utmost power , have we meanes and opportunity so to doe , as the parliament now hath : that power and proc●edings which christians may lawfully with good conscience , yea and are bound to resist with all their souls , minds , tongues , they justly may and must likewise resist with all their corporall might and strength ; especially if they have good opportunity , publike encouragements , and meanes to do it , as deut. . . pet. . . iude . . phil. . , . cor. . . compared together , and with the premised scriptures , fully evidence . but christians may lawfully with good conscience , yea must resist with all their souls , minds , tongues , the fore-named violent proceedings of kings , oppressors , ill counsellors and cavaleers , and no wayes submit unto them with their souls , minds , tongues , lest thereby they should approve and be partakers , with promoters of their execrable de●ignes ; therefore they may and must with safe conscience resist them with all their corporall might and strength , having now opportunity , a parliamentary publike command and sufficient meanes to execute it . and thus have i now at last not onely most clearly wrested this sword out of the hands of our great opposite goliahs , but likewise cut off their heads , and so routed all their forces with it , as i trust they shall never be able to make head againe . yet before i wholly take my leave of this text , to gratifie our prelaticall clergy , i shall for a parting blow adde this one observation more , that all our i popish clermen heretofore ( and many of them till this day ) notwithstanding the universality of this text , let every soule be subject to the higher powers , &c. not only pretended themselves to be of right exempted from the jurisdiction , censures , taxes of emperours , kings , and all civill magistrates , ( which priviledges some of our late prelates began to revive , as the late cases of mr. shervill , the maior of arundel , and some others evidence , censured for punishing drunken priests : ) but likewise held it lawfull to censure , excommunicate , depose even emperours and kings themselves , and interdict their kingdomes ; witnesse not only the k popes excommunications of many emperours and kings , by apparant usurpation and injury ; but of sundry prelates excomunications of their own soveraigns as of right , and putting them to open penances ; l as k. suintilla , sancho , ramir in spain , and others elswhere , of which you may read divers presidents in my appendix : the history of m st. ambrose his excommunicating the emperour theodosius for the bloody murther of those of thessalonica , is so commonly known , that i need not spend time to recite it , nor yet the n excommunications and censures of our king iohn , or henry the . and . suano king of denmark ( as saxo-grammaticus records ) was not onely sharply reprehended , but excommunicated in a most bold and solemn manner by one of his bishops for his uncleannesse , and murthering some eminent persons , of whom he was jealous , whiles they were at their devotions in the c●urch . o this bishop instead of meeting this king when he came to enter into the church , with accustomed veneration , clad in his pontisicalibus , with his crosier staffe ; kept him from entring so much as within the court thereof ; calling him not by the name of a king , which he suppressed , but a shedder of mans blood and not content to chide him , he fixed the point of his staffe in his brest , preferring the publike scandall of religion before private society , not being ignorant , that the offices of familiarity were one thing , the rights of priesthood another thing , that the wickednesses of lords as well as servants ought to be revenged , nor are noble-mens crimes to be more partially censured , then ignoble ones : and not content thus to repulse him , he added an execration therunto and denounced a sentence of damnation against him in his presence , so as he left it doubtfull , whether he repulsed him more valiantly with his hand , or voyce . hereupon the king considering this act to proceed from zeale and publike seve●ity against wickednesse , and being confounded with the blush of his guilty conscience , forbad any to resist his violence , and patiently underwent , heard both his repulse and reprehention ; after which , this king laying aside his royall robes , put on old course apparell , desiring rather to testifie his sorrow by the deformity of his habit , then his contempt by the splendor of it . and struck with so sad a sentence of the bishop , he would not indure to carry about the ornaments of royall magnificence ; but casting away the ensignes of regall majesty , he put on sack-cloth the badge of peni●ence ; putting off his power likewise together with his vestment , and of a sacrilegious tyrant , became a faithfull reverencer of holy things . for returning bare-foot to the church-porch , he cast himselfe prostrate in the entrance thereof , and humbly kissed the ground , suppressing , the griefe which is wont most sharply to be inflicted from contempt , with shamefac'●nesse and moderation , redeeming the fault of his bloody reigne with shame and penitence : after which confessing his fault , and craving pardon with teares of the bishop , he was absolved , and then putting on his royall robes , admitted into the church , and brought up to the altar , to the exceeding joy of the people , who applauding the kings humiliation and modesty ; plus poenitentia pium , quam imperio scelestum euasisse co●fessus : ; a memorable story of a zealous stout prelate , and of a penitent submissive wild prince : i shall only adde to this some few domestick presidents of our welch kings p teudur king of brecknock , for his periury and murther of elgistill , another king of that countrey , was solemnly excommunicated by gurcan the . bishop of landaffe and his clergy , in a synod assembled for this purpose , by uncovering the altars , casting the crosses and reliques on the ground , and depriving him of all christian communion , whereupon teudur unable to undergoe this malediction and rigorous iustice , with a contrite heart , and many teares powred forth , craved pardon of his crimes , and submitted himselfe to the penance imposed on him according to his quality and greatnesse . q king clotri slaying iuguallaun treacherously , contrary to his league and oath , berthgwin the . bishop of landaffe , hearing thereof , assembled a synod of his clergy at landaffe , and solemnly excommunicated the king with all his progeny and kingdom , by uncovering the altars , casting down the crosses on the earth , and depriving the countrey both of baptisme and the eucharist . whereupon the king unable to endure so great an excommunication , with great deiection submitted himselfe to the bishop , and leaving his kingdom , went on pilgrimage into forraign parts for a long space ; after which returning , by the intercession of king morcant , he obtained ab●olution from the bishop , to whose enioyned penance he submitted himself , conferring divers lands upon the church . and in another synod at landaffe under this bishop , king gurcan , for living incestuously with his mother-in-law was solemnly excommunicated in form aforesaid ; whereupon he craved pardon , resolved to put away his mother-in-law , promised satisfaction by k. ●udhail his intercessor ; upon which he was absolved , upon promise of amendment of life , with fasting , prayer and almes ; after which he bestowed divers lands on the church . r houell king of gleuissig , contrary to his oath & league , trecherously circumverring and slaying gallun , hereupon cerenhir the . bishop of landaffe , calling a synod , solemnly excommunicated him by laying all the crosses on the ground , overturning the bells , taking the reliques from the altar and casting them on the ground , depriving him of all christian communion , under which excommunication he remained almost a whole yeers space ; after which , this king came bare-foot to the bishop , imploring his absolution from this sentence with many teares , which he obtained after publke penance enoyned . not long after the same bishop and his clergy in another synod , for the like crime , in the self-same forme excommunicated ili sonne of conblus , till he came bare-footed with teares and prayed absolution ; which upon performance of enjoyned penance , promise of future reformation , with prayers , fasting , almes , and the setling of some lands on the church , was granted him by the bishop . so s loumarch son of cargnocaun , was in a full synod excommunicated by gulfrid the . bishop of this see , for violating the patrimony of the church ; and king brochuail , with his family convented before a syno●e , threatned excommunication , enjoyned penance and satisfaction by the synode , for some injuries offered to to ciueilliauc the two and twentieth bishop of landaffe . * mauric king of of glamorgan was excommunicated by ioseph the eigth and twentieth bishop of landaffe , for treach●rously putting out the eyes of etguin during the truce between them ; after which he was again publikely exc●mmunicated in a synode , for violating the sanctuarie of the church of landaffe , and hurting some of this bishops servants ; and not absolved till he made his submission , and did his penance , and gave some la●ds to the church for satisfaction of these offence . thus u calgucam king of morganauc , and his whole family were solemnly excommunicated by her●wald the nine and twentieth bishop of landaffe in a synod of all his clergy , onely because one of the kings followers being drunk , laid violent hands upon bathutis the bishops physitian and kinsman on christmas day , anno . whereupon all the crosses and reliques were cast to the ground , the bells overturned , the church doors stopped up with thorns , so as they continued without a pastor and divine service day and night for a long season , till the king ( though innocent ) submitted himself to the bishop ; and to obtain his absolution , gave hen●inguinna to him and his successors for ever , free from all secular and royall services , in the presence of all the clergie and people . so x richard the tenth bishop of bangor , excommunicated david ap lhewelin , prince of wales , for detaining his brother griffith prisoner , contrarie to his oath , repairing to him upon the bishops word for his safe return , who never left vexing him , till he had delivered him up to to the king of englands hands . many such presidents of prelates censuring and excommunicating their kings occur in storie , which for brevity i pretermit ; onely i shall inform you , that y iohn stratford archbishop of canterbury , in the . year of k. edw. , contesting with this king , and excommunicating divers of his followers , and all the infringers of the churches liberties , presumed to write thus unto his soveraign ; there are two things by which the world is principally governed , the sacred pontificall authority , and the royall power , of which the priesthood is by so much the more weighty , ponderous , and sublima , by how much they are to give an account of kings themselves at the divine audit : and therefore the kings majesty ought to know , that you ought to depend on their judgement , not they to be regulated according to your will. for who doubteth that the priests of christ are accounted the fathers and masters of kings , princes , and all faithfull christians ? is it not known to be a part of miserable madnesse , if the son should endeavour to subjugate the father , the servant the master to himself ? the canonicall authority of scriptures testifieth , that divers pontiffs have excommunicated , some of them kings , others emperours : and if you require somewhat in speciall of the persons of princes ; saint innocent smote the emperour archadius with the sword of excommunication , because he consented that saint john chrysostom should be violently expelled from his see. likewise saint ambrose archbishop of millain , for a fault which seemednot so hainous to other priests , excommunicated the emperour theodosius the great : from which sentence , having first given condigne satisfation , he afterwards deserved to be absolved ; and many such like examples may be alleaged , both more certain for time , and nearer for place . therefore no bishops whatsoever neither may nor ought to be punished by the secular power , if they chance to offend through humane frailtie : for it is the duty of a good and religious prince to honour the priests of god , and defend them with greatest reverence , inimitation of the pious prince of most happy memory , constantine , saying , when the cause of priests was brought before him , you cannot be iudged by any , to wit , of the secular judges , who are reserved to the iudgement of god alone ; according to the assertion of the apostle ( very ill applied ) saying , the spirituall man is iudged of no man , corinth . . . ( not mean of bishops or clergie-men , but saints alone , endued with gods spirit , not of judging in courts of iustice , but of discerning spirituall things , and their own spirituall estates , as the context resolves . ) thus and much more this prelate , who notwithstanding this text of the romanes , pleads an exemption of all bishops and priests from the kings secular power , by divine authority , and arrogates to priest and prelates , a iudiciary lawfull power over kings themselves , to excommunicate and censure them for their offences . and to descend to later times , even since the the reformation of religion here , iohn bridges dean of sarum , and bishop of oxfort , even in his book intituled , the supremacy of christian princes over all persons thorowout their dominions , in all causes so well ecclesiasticall as spirituall , printed at london , . p. . writes thus ; but who denies this ( m. saunders ) that a godly bishop may upon great and urgent occasion , if it shall be necessary to edifie gods church , and there be no other remedy , flee to this last censure of excommunication against a wicked king ? making it a thing not questionable by our prelates and clergie , that they may in such a case lawfully excommunicate the king himself : and doctor bilson bishop of winchester , in his true difference between christian subiection and unchristian rebellion , dedicated to queen elizabeth her self , printed at oxford , . part. . page . to . grants , that emperours , kings and princes , may in some cases be excommunicated and kept from the lords table by their bishops ; and grants , that with hereticks and apostates , be they princes or private men , no christian pastor nor people may communicate : neither finde i any bishop o● court doctor of the contrary opinion , but all of them readily subscribe hereto . if then not onely the ill counsellors and instruments of kings , but kings and emperours themselves , may thus not onely be lawfully , iustly resisted , but actually smitten and excommunicated by their bishops and clergy , with the spirituall sword , for their notorious crimes and wickednesses , notwithstanding this inhibition ; ( which * valentinian the emperour confessed ; and therefore desired , that such a bishop should be chosen and elected in millain after auxentius , as he himself might really and cordially submit to him and his reprehensions , since he must sometimes needserre as a man , as to the medicine of souls ; as he did to ambrose , when he was elected bishop there ; ) why they may not likewise be resisted by their laity in the precedent cases with the temporall sword , and subjected unto the censures of the whole kingdoms and parliaments , transce●ds my shallow apprehension to conceive , there being as great , if not greater , or the very self-same reason for the lawfulnesse of the one , as of the other . and till our opposites shall produce a substantiall difference between these cases , or disclaim this their practice and doctrine of the lawfulnesse of excommunicating kings and emperours , they must give me and others liberty to conceiye , they have quite lost and yeelded up the cause they now contend for , notwithstanding this chief text of roma●es . the ground of all their strength at first , but now of their ruine . the tenth x objection is this , that of pet. , , , , . submit your selves to every ordinance of man for the lords sake , whether it be to the king as svpreame , or unto governours , as unto them that are scut by him ( to wit , by god , not the king , as the distribution manifests , and rom. . , , , . ) for the punishment of evill doers , and for the praise of them that doe well , &c. feare god , honour the king ; wee must submit to kings and honour kings , who are the supream governours ; therefore we may in no case forcibly resist them or their officers , though they degenerate into tyrants . to which i answer ; that this is a meer inconsequent ; since the submission here injoyned is but to such kings , who are punishers of evill doers , and praisers of those that do well ; which the apostle makes the ground and motive to submission ; therefore this text extends not to tyrants and oppressors , who doe quite contrary . we must submit to kings when they rule well and justly , is all the apostle here affirms ; ergo wee must submit to , and not resist them in any their violent courses to subvert religion , lawes , liberties ; is meer non-sence both in law , divinity , and common reason . if any reply , as they doe , that the apostle , vers . , , . bids servants be subject to their masters with all feare , not onely to the good and gentle , but also to the froward : for this is thank-worthy , if a man for conscience towards god endure griefe suffering wrongfully , &c. ergo this is meant of evill magistrates and kings , as well as good . i answer . that the apostles speaks it onely of evill ●asters not kings ; of servants , not subjects ; there being a great difference between servants , apprentices , villaines , and free-borne subiects , as all men know , the one being under the arbitrary rule and government of their masters ; the other only under the just , setled , legall government of their princes , according to the lawes of the realme : s●condly , this is meant onely of private personall iniuries , and undue corrections of masters given to servants without iust cause , as vers . . for what glory is it , if when yee be bvffeted for your faults , &c. intimates : not of publike iniuries and oppressions of magistrates , which indanger the whole church and state. a christian servant or subiect must patiently endure private * undue corrections of a froward master or king : ergo whole kingdomes and parliaments , must patiently without resistance suffer their kings and evill instruments to subvert religion , lawes , liberties , realms , ( the proper deduction ●een ) is but a ridiculous conclusion . secondly , this text enjoynes no more subjection to kings , then to any other magistrates ; as the words : submit your selves to every ordinance of man ; or unto governors , &c. prove past all contradiction ; and vers which bids us , honour the king ; bids 〈◊〉 first in direct tearmes , honovr all men ; to wit , all magistrates at least , if not all men in generall , as such : there is then no speciall prerogative of irresistability given to kings by this text in injurious violent courses , more then there is to any other magistrate or person whatsoever ; god giving no man any authority to injure others without resistance , especially if they assault their persons or ●nvade their estates to ruine them : since then inferiour officers , and other men may be forc●bly resisted when they actually attempt by force to ruine religion , lawes , liberties , the republike , a● i haue proved , and our antagonists must grant ; by the self-same reason kings may be resisted too , notwithstanding any thing in this text , which attributes no more irresistability or authority to kings , then unto other magistrates . thirdly , kings are here expresly called ; an ordinance of man , not god ; as i have formerly proved them to be . if so ; i then appeal to the consciences of our fiercest antagonists , whether they do beleeve in their consciences , or dare take their oathes upon it ; that ever any people or nation in the world , or our ancestors at first , did appoint any kings or governours over them , to subvert religion , laws , liberties ; or intend to give them such an unlimited uncontroulable soveraignty over them , as not to provide for their own safety , or not to take up arms against them , for the necessary defence of their laws , liberties , religion , persons , states , under pain of high treason , or eternall damnation , in case they should degenerate into tyrants , and undertake any such wicked destructive designe . if not ( as none can without madnesse and impudence averre the contrary , it being against all common sence and reason , that any man or nation should so absolutely , irresistably inslave themselves and their posterities to the very lusts and exorbitancies of tyrants , and such a thing as no man , no nation in their right sences , were they at this day to erect a most absolute monarchie , would condescend to ; ) then clearly the apostle here confirming onely the ordinances of men , and giving no kings nor rulers any other or greater power then men had formerly granted them ( for that h●d been to alter , not approve their humane ordinances ) i shall infallibly thence inferre ; that whole states , and subjects , may with safe conscience resist the unjust violence of their kings in the foresaid cases , because they never gave them any authority irresistably to act them , nor yet devested themselves ( much lesse their posterity whom they could not eternally inslave ) of the right , the power of resisting them in such cases ; whom they might justly resist before , whiles they were private men , and as to which illegall proceedings they continue private persons still , since they have no legall power given them by the people to authorize any such exorbitances . fourthly , the subjection here enjoyned , is not passive , but active , witnesse ver . . for so is the will of god , that by well doing ( to wit , by your actuall cheerfull submission to every ordinance of man for the lords sake , &c. ) you put to silence the ignorance of foolish men : as free , and not using your liberty , &c. if then this text be meant of active , not passive obedience ; then it can be intended onely of lawfull kings , of magistrates in their just commands , whom we must actually obey ; not of tyrants and oppressours in their unjust wicked proceedings , whom we are bound in such cases actually to disobey , as our antagonists grant , and i have largely evidenced elsewhere : wherefore , it directly commands resistance , not subjection in such cases ; since actuall disobedience to unjust commands , is actuall resisting of them . and that these texts prescribing resistance tacitely , should apparantly prohibit it under pain of treason , rebellion , damnation , is a paradox to me . fifthly , this text doth no way prove that false conceit of most , who hence conclude : that all kings are the supream powers , and above their parliaments , and whole kingdoms , even by divine institution : there is no such thing , nor shadow of it in the text. for first , this text calls kings , not a divine , but humane ordinance ; if then kings be the supreamest power , and above their parliaments , kingdoms , it is not by any divine right , but by humane ordination onely , as the text resolves . secondly , this text prescribes not any divine law to all or any particular states ; nor gives any other divine or civill authority to kings and magistrates in any state then what they had before ; for if it should give kings greater authority and prerogatives then their people at first allotted them , it should alter and invade the settled government of all states , contrary to the apostles scope , which was to leave them as they were , or should be settled by the peoples joynt consent : it doth not say , that all kings in all kingdoms are , or ought to be supreame ; or let them be so henceforth : no such inference appears therein . it speaks not what kings ought to be in point of power ; but onely takes them as they are , ( according to that of rom. . . the powers that are , &c. to wit , that are , even now every where in being , not which ought to be , or shall be ) whence he saith ; submit to the king as supreame : that is ; where by the ordinance of man the king is made supreame ; not , where kings are not the supreamest power ; as they were not among the a ancient lacedemonians , indians , carthaginians , gothes , aragonians , and in most other kingdoms , as i have b elsewhere proved : to argue therefore , we must submit to kings where the people have made them supreame ; ergo , all kings every where are and ought to be supreame iure divino ; ( as our antagonists hence inferre ) is a grosse absurdity . thirdly , this text doth not say , that the king is the supreame soveraigne power , as most mistake ; but supreame governour , as the next words ; or governours , &c. expound it ; and the very oath of supremacie , . eliz. cap. . which gives our kings this title , supreame governour within these his realms . now kings may be properly called supreame magistrates or governours in their realms , in respect of the actuall administration of government and justice , ( all magistrates deriving their commissions immediately from them , and doing justice , for , and under them : ) and yet not be the soveraign power , as the romane emperours , c the kings of sparta , arragon , and others ; the german emperours , the dukes of venice in that state , and the prince of orange in the nether-lands , were and are the supreame magistrates , governours ; but not the supreame soveraigne powers ; their whole states , senates , parliaments , being the supreamest powers , and above them ; which being courts of state , of justice , and a compound body of many members , not alwayes constantly sitting , may properly be stiled , the supreame courts and powers ; but not the supreame magistrate or governour : as the pope holds himself , the supreame head and governour of the militant church ; and the arch-bishop of canterbury stiles himself , the primate and metropolitane of all england ; and so other prelates in their provinces ; yet they are not the soveraigne ecclesiasticall power , for the king , at least generall councells or nationall synods ( which are not properly tearmed governours , but powers ) are paramount them , and may lawfully censure or depose them , as i have d elsewhere ) manifested . to argue therefore , that kings are the highest soveraign power , because they are the highest particular governours and magistrates in their realms , as our antagonists do ; is a meer fallacie , and inconsequent , since i have proved e our own , and most other kings , not to be the highest powers , though they be the supreamest governours . fourthly . this text speaks not at all of the romane emperour , neither is it meant of him , as doctour ferne , with others mistake ; who is never in scripture stiled a king , being a title extreamly odious to the romanes , and for ever banished their state with an f oath of execration , by an ancient law , in memory whereof they instituted a speciall annuall feast on the . of february , called , g regifugium ; the hatred of which title continued such , that tully h and augustine write ; regem romae posthac , nec dii nec homines esse patiantur : and i caesar himself being saluted king by the multitude , perceiving it was very distastfull to the states , answered , caesarem se , non regem esse : which title of caesar , ( not king ) the scripture ever useth to expresse the emperour by : witnesse matth. . , . mark . , , . luke . . chap. . , , . chap. . . john . , . acts . . chap . . chap. . , , , , . chap. . . chap. . . chap. . . phil. . . which texts do clearly manifest , that no title was ever used by the apostles , evangelists , jewes , to expresse the emperour by , but that of caesar , not this of king. therefore peters text , speaking onely of the king , not caesar , cannot be intended of the romane emperour , as ignorant doctors blindly fancie . fifthly , this epistle of peter ( the k apostle of the iews ) was written onely to the dispersed iews thorowout pontus , galatia , cappadocia , asia , and bythinia , pet. . . over whom herod at that time reigned as king , by the romane senates and emperours appointment , who had then conquered the iews , and made them a tributarie province , as is evident by matth. . , . mark . , , . luke . , , . chap. . . acts . . chap. . , , , , . chap. . . chap. . . to . compared together ; and by l iosep●us , the century writers , baronius , sigonius , and others . the king then here mentioned to be supreame , was herod , or king agrippa , or some other immediate m king of the iews , who was their supreame governour , not absolutely , but n under the romane senate and emperours , and made so by their appointment , whence called in the text ; an ordinance of man , not god : now this king of the jews ( as is evident by pauls appeal to caesar from festus and king agrippa , as to the soveraign tribunall ; acts . and . by iosephus , p●ilo iud●us de legatione ad caium , and the consent of all historians ) was not the absolute soveraigne power , but subordinate to the romane emperour and senate , o who both created , and bad power to controll , remove , and censure him for his misdemeanours ; yet peter calls him here supreame , because the highest governour under them , as we stile our kings p supreame governours under christ. therefore having a superiour governour and power over him , to which he was accountable and subordinate ; supreame in the text , cannot be meant , of a king absolutely supreame , having no power superiour to him , but god ; but onely relatively supreame , in respect of under . governours , there actually residing : whose supremacie being forcibly gained onely by conquest , not free consent ; ( and the ancient native * kings of the iews , being inferiour to their whole senates and congregations , and to do all by their advice , as iosephus antiq. iud. lib. . cap. . . sam. . , . jer. . . . chron. . . to . attest ) will no way advantage our opposites , nor advance the prerogative of kings ; since it extends onely to the king of the jews that then was , who was not simply supream , but a subject prince subordinate to the romane state and empire , and one appointed by a conquerour , not freely chosen and assented to by the people . so as all the argument which can hence be extracted for the absolute soveraigntie and irresistibility of kings over their whole kingdomes and parliaments , is but this . the king of the iews was in peters time the supreame magistrate over that nation , by the romane senates and emperours appointment , to whom yet he was subordinate and accountable ; the romanes having conquered the iewes by force , and imposing this government upon them , without their consents . therefore the kings of england , and all other kings are absolute soveraigne monarches , superiour to their whole parliaments and kingdomes , collectively considered ; and may not in point of conscience be forcibly resisted by them , though they endeavour to subvert religion , laws , liberties : how little coherence there is in this argument , the silliest childe may at first discern . from these scriptures , i descend to reasons deduced from them , against resistance , which i shall contract into three arguments : the first is this ; x kings are the fathers , x heads , lords , shepherds of the common-wealth ; ergo , they ought not to be resisted in any their exorbitant proceedings ; it being unlawfull , unseemly , ●or a son to resist his father ; the members the head ; the vassals their lord ; the flock their shepherd . to this i answer . : first , they are fathers , shepherds , lords , heads , onely in an improper , allegoricall , not genuine sence ; therefore nothing can thence be properly inferred : they are and ought to be such in respect of their y loving and carefull affection towards their subjects ; not in regard of their soveraigne power over them : therefore when their tyrannie makes them not such , in regard of care and affection to their people ; their people cease to be such , in regard of filiall , naturall , and sheep-like submission : when these shepherds turn z wolves ; these fathers , step-fathers ; the subjects , as to this , cease to be their sheep , their children , in point of obedience and submission . secondly , if we consider the common-weal and kingdom collectively ; kings are rather their kingdoms children then parents , because * created by them , their publike servants , ministers , for whose benefit they are imployed , and receive a wages ; not their soveraigne lords ; their subordinate heads , to be directed and advised by them , not tyrannically to over-rule them at their pleasure : therefore paramount , and able in such cases to resist them . thirdly , parishioners may , no doubt , lawfully resist the b false doctrin●s and open ass●ults of their ministers , though they be their spirituall shepherds : citizens the violent oppressions of their maiors , though they be their politique heads : servants the unjust ass●ults of their masters , though their lawfull lords ; ( who may c not misuse their very villaines , by law : ) and if parents will violently assault their naturall children , husbands their wives , masters their servants , to murther them without cause , they may d by law resist , repulse them with open force . fourthly , a son who is a judge , may lawfully resist , imprison , condemne his naturall father ; a servant , his lord ; a parishioner his pastour ; a citizen his major ; a meer gentleman , the greatest peer or lord , as experience proves ; because they do it in another capacity , as judges and ministers of publike justice , to which all are subject . the parliament then in this sence , as they are the representative body of the realm , not private subjects , ( and their armies by their authority ) may , as they are the highest soveraign power and judicature , resist the king and his forces , though he be their father , head , shepherd , lord , as they are private men . fifthly , this is but the common exploded argument of the popish clergy , to prove themselves superiour to kings , and exempt from all secular iurisdiction , because they are spirituall fathers , p●●stors , heads to kings ; who ought to obey , not judge , and censure them , as e archbish. stratford , and others argue . but this plea is no ways available to exempt clergy men from secular jurisdiction ; from actuall resistance of parties assaulted , nor yet from imprisonment , censures , and capitall executions by kings and civill magistrates , in case of capitall crimes ; therefore by like reason it can not exempt kings from the resistance , censures of their parliaments , kingdoms , in case of tyrannicall invasions . we deride this argument in papists as absurd , as in sufficient to prove the exemption of clergy men : i wonder therefore why it is now urged to as little purpose , against resistance of tyrants , and oppressing kings and magistrates . the second reason is this , f the invasions and oppressions of evill kings and tyrants , are afflictions and punishments inflicted on us by god : therefore we ought patiently to submit unto them , and not forcibly to resist them . i answer ; first , the invasions of forraign enemies are g just iudgements , and punishments sent upon men by god ; as were the invasions of the h danes , saxons and normans in england , heretofore ; of the spaniards since . ergo , we ought not to resist or fight against them . the present rebellion of the papists in ireland is a just punishment of god upon this kingdom and the protestant party there ; ergo , neither we , nor they ought in conscience to resist or take arms against them . every sicknesse that threatens or invades our bodies , is commonly an affliction and punishment sent by god : ergo , we must not endeavour to prevent or remove it by physick , but patiently lye under it without seeking remedy . injuries done us in our persons , estates , names , by wicked men , who assault , wound , rob , defame us , are from h god , and punishments for our sins : ergo , we may not resist them : yea , subjects rebellions , treasons , and insurrections , against their princes many times , are punishments inflicted on them by god , displeased with them , as the statute of ed. . c. . resolves , and the i scripture too : ergo , kings ought not to resist or suppresse them by force of arms ; if all these consequences be absurd , and idle , as every man will grant , the objection must be so likewise . i read , that in the * persecution of the hunnes , their king attila being demanded of by a religious bishop , of a certain citie ? who he was ? when he had answered ; i am attila , the scourge of god : the bishop reverencing the divine majesty in him ; answered , thou art welcome ô minister of god ; and ing●minating this saying , blessed be he that cometh in the name of the lord , opene● the church door , and let in the persecutor , by whom he obtained the crown of martyrdom , not daring to exclude the scourge of the lord ; knowing , that the beloved sonne is scourged , and that the power of the scourge it self is not from any , but god. will it hence follow ? that all christians are bound in conscience to do the like , and not to resist the barbarous turks , if they should invade them ▪ no more then this bishop did the bloudy pagan hunnes , because they are gods wrath ? i trow not . one swallow makes no summer ; nor this example , a generall president to ●inde all men . the third reason is thi● , saints forci●le resistance of tyrants , begets civill warres , great disorders , and k many mischiefs in the state : ergo , it is unlawfull , and inconvenient . i answer , first , that this doctrine of not resisting tyrants in any case , is farre more pernicious , destructive to the realm then the contrary ; because it deprives them of all humane means , and possibilities of preservation ; and denies them that speciall remedy which god and nature hath left them for their preservation : laws , denyall of subsidies , and such like remedies prescribed by doctor ferne , being no remoraes or restraints at all to armed tyrants ; wherefore i must tell thee doctor , theologorum utcunque dissertissimorum sententiae , in h●●c controversia non sunt multo faciendae , quia quid sit lex humana ipsi ignorant , as vasquius controvers . illustr . . . determines . secondly , the knowledge of a lawfull power in subjects to resist tyrants , will be a good means to keep princes from tyrannicall courses , for fear of strenuous resistance ; which if once taken away , there is no humane bridle left to stay the inundation of tyranny in princes or great officers ; and all weapons , bulwarks , walls , lawes , armes will be meerly uselesse to the subjects , if resistance be denyed them , when there is such cause . thirdly , resistance only in cases of publike necessity , though accompanied with civill warre ; serves alwayes to prevent farre greater mischiefs then warre it self can produce , it being the only antidote to prevent publike ruine , the readiest means to preserve endangered , to regaine , or settle lost liberties , laws , religion , as all ages witnesse ; and to * prevent all future seditions and oppressions . fourthly , desperate diseases , have alwayes desperate remedies , malo nod● , malus cuneus : when nothing but a defensive warre will preserve us from ruine and vassalage ; it is better to imbrace it , then hazard the losse of all , without redemption . ex duobus malis minimum . all kingdoms , states in cases of necessity , have ever had recourse to this as the lesser evill ; and why not ours as well as others . the last ( and strongest objection as some deem it ) is the sayings if some fathers backed with the examples of the primitive christians , to which no such satisfactory answer hath hitherto been given , as might be . the first and grandest objection against subjects forcible resistance , and defensive warre , is that speech of saint ambrose , lib. . orat. in auxentium . coactus repugnare non audeo : dolere potero , potero fler● , potero gemere : adversus arma , milites , gothos , lachrymae meae arma sunt : talia enim sunt munimenta sacerdotum : aliter nec debeo , nec possvm resistere . this chiefe authoritie , though it makes a great noise in the world , if ●olidly scanned , will prove but brutum fulmen ; a meer scar-crow and no more . for first , ambrose in this place speaks not at all of subjects resisting their princes , or christians forcible resisting of the persecuting romane emperours ; but of resisting valentin● , and the arms and souldiers of the gothes , who at that time l over ran italy , and sacked rome , being mortall enemies to the romans , the roman emperour● , saint ambrose , and millain where he was bishop . this is evident by the expresse objected words : i can griev● , i can weep , i can mourn , ( to wit for the wasting of my native country italy , by the invading enemies the gothes : ) against armes , souldiers , gothes ( marke it ) my tears are weapons , &c. if any sequell can be hence properly deduced , it must be that for which the m anabaptists use it ( from whence our opposites , who tax the parliaments forces for anabaptists , when themselves are here more truly such , and fight with this their weapon . ) that it is unlawfull for christians to fight , or make so much as a defensive warre against invading forraign barbarous enemies , of whom this father speaks : and then if the irish rebels , danes , spaniards , french , should now invade england , both against the kings and kingdoms wills , we must make no forcible resistance at all against them with arms in point of conscience , but onely use prayers and teares . this is the uttermost conclusion which can properly be hence deduced ; which our antagonists will confesse to be at least erronious , anabaptisticall , if not hereticall . secondly , you must consider who it was that used this speech ; ambrose , a minister , then bishop of millain ; who by reason of this his function being an ambassadour of peace ; had his hands bound from fighting with any other weapons , even against invading forraign enemies , but only with the sword of the spirit , prayers and tears : and that his calling only , was the ground of this his speech ; is infallible by the latter clause thereof , which our opposites cunningly conceale . prayers are my armes : for such are the defensive armour of priests ; otherwise i neither ovght nor can resist : why so ? because he was a minister , a bishop ; and paul prohibites such to be strikers , tit. . . tim. . . and because priests under the law did but blow the trumpets , and never went out armed to the warres , iosh. . upon which ground n divers councells , decretalls , canonists , expresly prohibit , and exempt priests and bishops , from bearing arms , or going to warre , though many of them have turned o great souldiers , and been slain in warres . hence anno , in a parliament held at bury , k. h. d. and ottobon the popes legat , demanded of all the bishops and clergy men , holding barronies or lay-fees , that they should go personally armed against the kings enemies , or finde so great service in the kings expedition , as appertained to so much lands and tenants . to which they answered , that they ought not to fight with the materiall sword ; ( no not against the kings enemies ) but with the spirituall ; to wit , with humble and devoute tears and prayers , ( using these words of ambrose : ) and that for their benefices they were bound to maintain peace , not warre . p hence our king q richard the first , taking the bishop of beauvoyes in france , his great enemy , armed from top to toe , prisoner in the field ; commanded him to be strictly kept in prison in his arms , and would by no means suffer him to put them off : for which hard usuage he complained to the pope , and procured his letter to king richard to free him from his arms and restraint ; in which letter , the pope sharply reproves the bishop for preferring the secular warfare before the spirituall , in that he had taken a speare insteed of a crosier ; an helmst in liew of a miter ; an habergion insteed of a white rochet ; a target in place of a stole ; an iron-sword , insteed of a spirituall sword . after which , the king sent his arms with this message to the pope : see whether this be thy sonnes coat or not ? which the pope beholding , answered : no by saint peter , it is neither the apparell of my sonnes , nor yet of my brethren , but rather the vesture of the sonnes of mars . and upon this ground r our bishops anciently , when members of parliament , departed the house when cases of treason or felony came in question , because they might not by the canons , have their hands in bloud . this then being ambrose his direct words and meaning , that he neither ought , nor could use any other weapons against the invading gothes , and their forces , but prayers and tears ; * because he was a minister , not a bishop , a lay-man ; the genvine argument that our opposites can thence extract , is but this . priests must use no other defensive arms , but prayers and tears , against invading forraign enemies . ergo , the priests and ministers in his majesties armies , who bear offensive arms , must now in conscience lay them down , and use no other resistance , but prayers and tears against the parliaments forces : where as their former inference against resistance : ergo , it is altogether unlawfull for the parliament , or any lay-subjects by their command , to defend religion , laws , liberties , against his majesties invading forces , who intend by force to subvert them ; is but ridiculous nonsence , which never once entred into this fathers thoughts , and can never be extorted from his words . ministers of the gospel must not use any arms , but prayers and tears to resist a forraigne enemy : ergo , none else may lawfully use them to withstand an invading adversary ; is a conclusion fitter for anabaptists then royallists , who may now with shame enough , for ever bid this authority adieu ; with which they have hitherto gulled the ignorant world : and henceforth turn it against the commission of array , enjoyning bishops , and clergy men , to array and arme themselves as well as other men , as the presidents cited in iudge cooke his argument against ship-money ; in the parliaments two declarations against the commission of array ; and in the answer published in the kings name , to the first of them , plentifully evidence . finally , hence i infer , that clergy men may , and must fight against their invading enemies with prayers , tears , the weapons which they may lawfully use as proper for their callings . ergo , lay-men may , and must resist , and fight against them with corporall arms , since they are as proper for them in cases of needfull defence , as these spirituall arms are for priests . the second authority is that of s nazienzen . oratio . . in julianum . repressus of iulianus christianorum lachrymis , quas mult as multi profuderunt . hoc vnum or solum ( as grotius translates it ) adversus persecutionem medicamentum habentes : to which i shall adde by way of supply this other passage . nos autem ; quibus nvlla alia arma , nec muri , nec praesidia , praeter spem in deum , reliqua erant : vtpote omni hvmano svbsidio prorsvs destitvtis et spoliatis , quem tandem alium aut precum auditorem , aut inimicorum depulsor●m habituri eramus , q●am deum iacob , qui adversus superbiam jurat . from whence they conclude , that christians must use no other weapons but prayers and tears , against tyrants and oppressors . to which i answer . first , that it is cleare by this , that christians may use prayers and teares against tyrants and oppressors . secondly , that these are the most powerfull prevailing armes both to resist and conquer them . this the opposites readily grant . therefore by their own confession , christians both may and must resist tyrants by the most powerful & effectual means that are . tyrants therefore are not the higher powers , kings , rulers , which paul and peter in the fore-objected texts , enjoyne men under paine of damnation to be subject and obedient to for conscience sake , and no waies to resist ; since they may resist them with the powerfullest armes of all others , prayers and teares . thirdly , if they may be lawfully resisted with these most prevailing armes notwithstanding pauls & peters objected inhibitions , then à fortiori they may be with corporall , which are lesse noxious and prevalent ; he that may with most successeful meanes resist , vanquish , and overcome his tyrannizing oppressing soveraigne , may likewise doe it by the lesse noxious armes . if christians may repulse and subdue a tyrant with their prayers , teares , then why not with their swords ? doth god or the scripture make any such distinction , that we may and must resist them under paine of damnation , with these kind of weapons ; and shall it be no lesse then treason , rebellion , damnation to resist them with the other ? what difference is there in point of allegiance , loyalty , treason , conscience , to resist an oppressing tyrannizing prince and his forces with a praier , or with a sword ? with a teare , or with a speare ? are they not all one in substance ? by the statutes of h. . c. . e. . c. . e. . c. . eliz. c. . eliz. c. . words against the king delivered even in preaching , are made and declared to be high treaeson , as wel as bearing armes , and striking blowes ; yea , the statute of & ph. & ma. . . makes certaine prayers against this persecuting queen , high treason ; and by the statute of e. . c. . it is high treason for any man to compasse or imagin the death of the king , queen , prince , t as wel as to slay or leavy warre against them . if then we may , by the objectors confession , the practises and examples of the primitive christians , against iulian and others , fight with our tongues , prayers , teares , imaginations against our soveraignes , who turne tyrants and persecutors ; and thereby suppresse , conquer , confound them , of which none make scruple , though our statutes make it no lesse then high treason in some cases ; then questionlesse they may by the selfe same reason and ground , resist them with open force , notwithstanding any inhibition in scripture . we may not , must not resist any lawful king or magistrate in the just execution of his office , so mush as with a repugnant wil , thought , prayer , teare : we may , yea must resist an oppressing , persecuting tyrant with all these ; therefore with any other armes . meanes v hezekiah , david , moses , abijah , asa , resisted their invading enemies , and conquered them with their prayers ; but yet they provided to repulse and vanquish them with other externall armes . the christians resistance and vanquishing their emperour iulian with the one , is an infallible argument , they might doe it with the other too , there being no such distinction in the objected scriptures , that we may fight against and resist them with our prayers , teares , not armes . fourthly , this father saith not , that it was unlawful for the christians to use any other weapons but teares against iulian , the onely thing in question . no such ●yllable in the oration , but onely , that they had no other armes to resist and conquer him with , being utterly destitute and spoyled of all other humane helpe . therefore their want of other armes and helpe , * not the unlawfulnesse of using them , had they had them , was the onely ground they used prayers and teares , not a● me● . to argue then , those who are destitute of all armes , but prayers and teares , must use them onely : ergo those who have other armes besides prayers and teares , may not lawfully use them to resist a tyrant , is but scholastical nonsence ; yet this is the very uttermost this authority yeelds our opposites . in one word , this father informes us , that this apostate emperour x iulian , would not make open warre at first upon the christians , because this would altogether crosse the end he aimed at : ( marke the reason ) nos enim , si vis inferatur , acriores obstinatioresque futures , ac tyrannidi obnixum pietatis tuendae studium objecturos cogitavit . solent enim fortes & generosi animi , ei qui vim afferre parat contumaciter obsistere , non secus ac flamma , quae a vento excitatur , quo vehementius perflatur , eo vehementius accenditur . which argues , that the christians would have forcibly resisted him , had he at first with force invaded them ; therefore he weakened , subdued , disarmed them first by policy ; and then fell topersecute them with force , when they had no meanes of resistance left . the third authority is that of y bernard , epist. . to king lewis of france , quicquid vobis de regno vestro , de animâ & coronâ vestrâ facere placeat , nos ecclesiae filii , matris injurias , contemptum , & conculcationem omnino dissimulare non possumus . profecto stabimus et pugnabimus usque ad mortem ( si ita oportuerit ) pro matre nostrâ armis quibus licet , non scutis & gladiis , sed precibus et fletibus ad deum . therefore it is unlawfull for christians to resist with force of armes . i answer first , that bernard was both a monke and clergie-man , prohibited by scripture and ●undry canons to fight with military armes against any person or enemy whatsoever ; and he utters these words of himselfe , as he was a clergie-man , servant , and sonne of the church ; in the selfesame sence as saint ambrose did before . it was then onely his calling , not the cause which prohibited him forcibly to resist king lewis . secondly i answer , that this authority is so farre from prohibiting resistance of oppressing princes , endeavouring with force of armes to subvert liberties , lawes , religion ; that it is an unanswerable proofe for it , even in our present case : king lewis to whom bernard writes , had then raised a civil warre in his realme against theobald and others who desired peace ; which the king rejecting , bernard doth thus reprehend him in the premisses . verum vos nec verba pacis recipitis ; nec pactae vestra tenetis , nec sanis consiliis acquiescitis . sed nescio quo dei judicio , omnia vobis ita vertitis in perversum , ut probra honorem , honorem probra ducatis ; tuta timeatis , timenda contemnatis ; & quod olim sancto & glorioso regi david , ioab , legitur exprobrasse ; diligitis eos qui vos oderunt , & odio habetis qui vos diligere volunt . n●que enim qui vos instigant priorem iterare maliciam adversus non merentem , quaerunt in hoc honorem vestrum , sed suum commodum , imò nec suum commodum , sed diaboli voluntatem ; ut regis ( quod absit ) potentiam concepti fur●ris h●beant effectricem ; quem suis ●e posse adimple●e viribus non confidunt ; inimici coronae vestrae , regni manifestissimi perturbatores . ( our present case , in regard of the kings evil sedu●ing counsellors . ) then immediately followes the objected clause , at quicquid vobis , &c. after which he gives him this sharpe reproofe . non tacebo quod cum excommunicatis iterare faedus & societatem nunc satagis , quod in n●cem hominum , combustionem domorum , destructionem ecclesiarum , dispersionem pa●●perum raptoribus , predonibus ( sicut dicitur , adhaeretis ; juxta illud prophetae z si videbas furem curre●as cum eo , &c. quasi non satis per vo● mala facere valeatis . dico vobis , non erit diu inultum , si haec ita facere pergitis . &c. here this holy man prohibited by his orders to fight against this king , his soveraigne with his sword ; fights strongly against and resists his vio●ence with his penne. and although he may not use a sword and buckler in respect of his calling to defend his mother the church against him : yet he is so farre from yeelding obedience to and not resisting him , according to pauls and peters pretended injunctions , that he expresly tels him to his face , that he would stand and fight against him even unto death ( ●f there were need ) with such weapons as he ( being a monk and minister ) might use , to wit , with prayers and teares , though not with sword and buckler ; which were more prevalent with god against him then any other armes . so that he resists him in the very highest straine that may be ; and clearely admits , that lay-men who might lawfully use swords and bucklers , might with them justly defend the church in standing and fighting for it against him even to death , as well as he might doe it with prayers and teares , his proper armes : which answers that objection out of his . epistle , written to the same king ; and his epistle to co●rade king of roman ; where he subjects these kings to the pope , who● he adviseth them to obey ; and reprehends them for their misd●●eanours , notwithstanding that text of rom. which he there recites . the fourth authority , is the example of the primitive christians , who submitted themselves willingly to their persecuting emperours ; without resistance in word or deed . a for proofe whereof , severall passages are recited out of fathers , which i shal co●j●yne : the first is out of tertullian his apologeticus . quoties exim in christianos desaev●tis , partim ●nimis propriis , partim l●g●bus obseque●tes ? quoties etiam praeteritis à vobis suo jure nos inimicum vulgus invadit lapidibus & incendiis ? ipsis bacchanalium furiis , nec mortuis parcunt christianis , qu●● illos de requie sepultu●ae , de asylo quodam mortis , jam alios , jam nec totos avellant , dissecent , distrahant ? quid tamen de tam conspiratis unquam denotatis , de tam animatis ad mortem usque pro injuria repensatis ? quamvis vel unae nox pauculis f●culis largitatem ●ltionis posset operari , si malum malo dispu●gi , penes nos liceret . sed absit ut aut igni humano vindicetur divina secta ; aut doleat pati , in quo probatu● . si● e im in hostes exortos non tantum vindices occultos agere vellemus , de sset nobis vis numerorum & copiarum ? plures nimirum mauri & marcomanni , ipsique parthi , vel quantaecunque , unius tamen loci & suorum finium gentes , quàm totiùs orbis ? externi sumus & vestra omnia implevimus , urbes , insulas , castella , municipia , conciliabula , castra ipsa , tribus , decurias , palatium , senatum , forum , sola vobis relinquimus templa . cui bello non idonei , non prompti fuissemus , etiam impares copiis , qui tam libenter trucidamur ? si non apud istam disciplinam magis occidi liceret , quam occidere . potuimus & inerm●s , nec rebelies , sed tantummodo discordes solius divortii invidia adversus vos dimic●sse . si enim tanta vis hominum , in aliquem orbis remoti sinum abrupissemus â vobis , suffudisset utique damnationem vestram tot qualiumcunque amissio civium , imò etiam & ipsa institutione punisset : proculdubio expavissetis ad solitudinem vestram , ad silentium rerum , & stuporem quendam quasi mortui urbes quaesissetis quibus imperaretis . plures hostes , quàm cives vobis remanisissent , nunc enim pauciores hostes habetis prae multitudine christianorum , penè omnium civium . which s. cyprian ( tertullians imitator ) thus seconds , laedere dei & christi servos persecutionibus tuis desine , quos laesos ultio divina defendit . inde est enim quod nemo nostrum quando apprehenditur , reluctatur , nec se adversus injustam violentiam vestram quamvis nimius & copiosus noster sit populus , ulciscitur . patientes facit de secutura ultione securitas . innocentes nocentibus ce●unt . ●insontes poenis & cruciatibus acquiescunt , certi & fidentes , quod in ultum non remaneat , quodcunque perpetimur , quantoque major fuerit persecutionis injuria , c tantò & justior fiat & gravior pro persecutione vindicta . which lactantius thus trebles . confidimus enim majestati ejus qui tam contemptum sui possit vlcisci , quam servorum suorum labores & injurias . et ideo cum tam nefanda perpetimur , ne verbo quidem reluctamur , sed deo remittimuus ulti●●nes . d saint augustine relates the same in these words , neque tunc civitas christi quamvis ad huc peregrinaretur in terra , & haberet tam magnorum agmina populorum , adversus impios persecutores , pro temporali salute pugnavit , sed potius ut obtineret aeternam , non repugnavit : ligabantur , includebantur , caedebantur , torquebantur , urebantur , lani●bantur , cruciabantur , & multiplicabantur . non erat iis pro salute pugnare , nisi salutem pro salute contemnere . the summe of all these fathers sayings ( which i have largely cited , because i would conceale nothing that might be materially objected ) is this : that the christians in the primitive church , though they were many in number , and sufficiently able to defend themselves against their persecuters by force of armes , did yet refuse to doe it , yeelding themselves up to any tortures , punishments , deaths , without the least resistance in word or deed ; ergo , the parliament and kingdome ought now to make no resistance at all against the kings popish army and cavaliers , but to expose themselves to their cruelties and rapines , without the least resistance in word or deed . because this objection stickes most with many schollars , statists , and tender consciences , i shall endeavour to give a satisfactory answer to it , without any shifting evasions , or questioning the truth of tertullians , and cyprians assertions , concerning the multitude and strength of the christians , and their ability to resist , which some have taken e great paines to re●ute . first , then i say , that neither of all these fathers say , that the primitive christians held it unlawfull , muchlesse damnable , in point of conscience for them to resist their persecuting enemies , no such syllable in any of them . and tertullians , si non apud istam disciplinam magis occidi licet quam occidere , by way of necessary defence , implies no such thing , but rather proves the contrary , that resistance is lawfull , because it is lawfull to be slaine as a martyr ; therefore in this case to slay . so as there is nothing in these authorities in point of conscience to condemne the parliaments present resistance , and defensive warre , as unlawful . secondly , they all seeme to grant , that the christians deemed resistance even by force of armes to be lawfull for them , though they used it not ; no text of scripture prohibiting , but allowing it , and these fathers producing no one text which truly condemnes it ; this being the very summe of their words . that though the christians were exceeding many in number , of strength and power abundantly sufficient to defend themselves in a warlike manner against their persecuters , and had full liberty and no restraint upon them in point of conscience either to withstand their persecutors with armes , or to withdraw themselves from under the jurisdiction of their persecuters into remote parts , to the great weakning and losse of the state : yet such was their patience , innocency , and desire of martyrdome , that they resisted not their adversaries with force , nor retired , nor fled away from under their obedience , but cheerfully without the least resistance by word , deed , or thought , yeelded up their bodies , liberties , lives , to the cruelties of their enemies , to obtaine that crowne of martyrdome which they desired , and to offer up themselves a voluntary freewill oblation to the lord , who would certainly avenge all their wrongs . this is the sum of all these authorities , which evidence resistance lawfull in it selfe , and to these christians too in their owne judgements and resolutions , though the desire of martyrdome made them freely to forbeare it . these examples and authorities therefore abundantly corroborate , and no wayes impeach our cause . thirdly , their examples of not resisting persecuters , being rather voluntary , then enjoyned , out of a longing desire to be martyrs , and an assurance of divine vengeance to be executed on their persecuters , is no restraint nor ground at all for other christians , now not to use any forcible resistance , it being a grosse inconsequent to argue : the primitive christians voluntarily refused to defend themselves with force of armes against their persecuters , though they were not bound in point of conscience from such resistance , and had both liberty and power to resist . ergo , christians in point of conscience ought not to make any forcible resistance against oppressing lords and persecuters now : for then this their voluntary choice and election should deprive all following christians of that ability of defence which both themselves then had , and since enjoy by gods and natures law. yet this is all the argument which can be ingeniously framed from these authorities and examples ; the absurdity whereof i shall thus further illustrate from like precedents : we know , first , that f the primitive christians , out of a desire of martyrdome , not only refused to resist , but to flee away from their persecuters , when they might safely doe it ; some of them holding it unlawfull and dishonourable to flee in such a case ; by name tertullian , in his booke de fuga in persecutione . will our opposites from hence inferre : ergo , it is unlawfull for christians not onely to resist , but even to flee from their persecuters , or his majesties murdering , plundering forces ? or for them selves to flee , not onely from the parliaments forces , but justice too , as many of them have done , yea , made escapes against law to flee therefrom . if the christians not fleeing , binde neither them , nor us , not to flee now , why should their not resisting onely doe it ? secondly , g the primitive christians ran to the stake of martyrdome , when they were neither accused , cited , persecuted by any , freely confessing themselves christians , and rather desiring presently to die martyrs , then live christians , and reputing it worse then death not to be admitted to , or delaied the honour of being martyrs , of which we have infinite pre●idents in ecclesiasticall histories commonly known and over-tedious to recite . i shall onely instance in iulian the apostates h christian souldiers : who being over-reached by him under colour of a largesse , to throw some frankincense into a fire secretly kindled by the emperour in honour of an idol , they dreaming of no such thing , and doing it onely as a meere complementall ceremonie ; as soon as they heard how the emperour had over-reached them , and given out speeches that they had sacrificed to his idol , presently rising from the feast prepared for them , in a ●ury , infl●med with zeale and wrath , ran through the market place , and cried out openly , wee are christians , wee are christians in minde ; let all men heare it , and above all , god , to whom we both live and will also die . o christ our saviour , we have not broken our faith plighted to thee : if our hand hath any way offended , verily our minde followed it not at all ; we are circumvented by the emperours fraud with whose gold we are wounded . we have put off impiety , we are purged by blood . after which , posting speedily to the emperour , and casting away their gold , with a generous and strenuous minde they exclaimed against him in this manner . o emperour , we have not received gifts , but are damned with death . we are not called for our honour , but branded with ignominie . give this benefit to thy souldiers , kill and behead us unto christ , to whose empire onely we are subject . recompence fire for fire ; for those ashes reduce us into ashes . cut off the hands which we have wickedly stretched out ; the feet wherewith we have perniciously run together . give gold to others , who will not afterwards repent they have received it ; christ is enough , and more then sufficient unto us , whom we account in stead of all . the emperour enraged with this speech , refused to slay them openly , lest they should bee made martyrs , who as much as in them lay were martyrs ; but onely banished them , revenging this their contempt with that punishment . will it then follow from these memorable examples , that all true christians now in england and ireland must come thus and offer themselves voluntarily to the popish rebels and forces ( now in arms to extirpate the protestant religion in both kingdoms ) or that the members of both houses must go speedily to oxford to the king and h●s evill counsellors , and there let them kill , hang , burne , quarter , slay , execute , torture them , subvert religion , laws , liberties , parliaments , without the least resistance ? or will our opposites hence conclude ( as they may with better judgement and conscience d●e ) ergo , all such persons voted traitors and delinquents in any kinde by both houses of parliament , ought now in point of conscience ( to avoid the effusion of blood and ruine of the realm , through the civill warres they have occasioned ) to lay down their arms , and voluntarily resigne up themselves to the impartiall justice of the parliament , without any the least resistance for the future : if no such doctrinall , or practicall conclusions may be drawne from these their precedents of voluntary seeking and rendring themselves up to the martyrdome of their opposites ; then the unlawfulnesse of resisting cannot be inferred from this their non-resisting . thirdly , how many cowardly souldiers in all ages , and in this too , have volunta●ily yeelded up forts , castles , ships , armes , persons , to their invading approaching enemies without fight or resistance ? how many persons have resigned up their purses to high-way theeves , their lands to disseisors , their houses , goods to riotors , their ships , estates , persons , to turkish and other pirats , without any resist●nce , when they might have lawfully and easily preserved them by resisting ? will it therefore follow , that all others must do so ? that we must not fight against invading enemies , theeves , pirats riotors , beca●se many good christians out of fear or cowardise , or for other reasons have not done it in all ages ? i ●●ow not . will the jews refusi●g t●ree s or four severall times to defend themselves against their insulting enemies on their sabbath ; or the t gothes not resisting their invading foes on the lords day ; or will the alexandrian jewes example and sp●ech to flaccus , inermes sumus ut vides , & tamen sunt qui nos tanquam hostes public●s hic crimina●tur . etiam ●as quas ad nostri tutelam partes d●dit natura , retrò vertimus ubi nihil habent quod agant , corpora praeb●mus nuda & patentia ad impetum eorum qui nos volunt occid re . or that example of the christian x theban legion , slain without the least resistance for their religion : who as an ancient martyriologer saith , caed bantur passim g●adi is non reclamantes , sed & d●positis armis cervices persecutoribus vel intectum corpus offerentes : warrant this deduction . ergo , no christians now must resist their invading enemies on the sabbath day , but must offer their naked bodi●s heads , throats , unto their swords and violence ? if not , then these examples and autho●ities will no wayes prejudice our present resistance . fourthly , the christians not onely refused to resist their oppressing emperours and magistrates , who proceeded judicially by a kinde of law against them , but even the vulgar people , who assaulted , stoned , slew them in the streets against law , as tertullians words , quoties enim praeterit is à vobis suo jure nos inimicum vulgus invadit lapidibus & incendiis , &c. manifest without all contradiction ; and indeed this passage so much insisted on , relates principally , if not onely to such assaults of the rude notorious vulgar , which every man will grant the christians might lawfully with good conscience forcibly resist , because they were no magistrates nor lawfull higher powers within rom. . . . or pet. . , . either then our antagonist must grant , that it is unlawfull in point of conscience forcibly to resist the unlawfull assaults and violence of the vulgar or private persons who are no magistrates : and that it is unlawfull now for any christians to resist theeves , pirats , or beare defensive armes , as the y anabaptists ( from whose quiver our antagonists have borrowed this and all other shafts against the present defensive warre ) and to make the primitive christians all anabaptists in this particular : or else inevitably grant resistance lawfull , notwithanding their examples and these passages of not resisting . the rather , because tertullian in the next preceding words , puts no difference at all between the emperour and meanest subjects in this case ; idem sumus ( saith he ) imperatoribus , qui & vicinis nostris malè enim velle , malè facere , malè dicere , malè cogitare de quoquam ex aequo vetamur . quodcunq●e non licet in imperatorem id n●c in quenquam . fifthly , admit the christians then deemed all forcible resistan●e of persecuters simply unlawfull in point of conscience , as being a thing quite contrary to christian profession and religion ; then as it necessarily proves on the one side , that even christian kings , princes , magistrates , must in no wise forcibly resist the tumultuous rebellions , insurrections , and persecutions of their subjects , because they are christians as well as rulers , and in this regard equally obliged with them not to resist with armes ; much lesse then their parliaments forces lawfully raised for the publike defence . so on the contrary part it follows not , that therefore resistance is either unlawfull in it selfe , or that the parliaments present resistance is so . for first , such resistance being no where prohibited ( as i have formerly proved ) their bare opinion , that it was unlawfull to them , cannot make it so to them , or us in point of conscience , since god hath not made or declared it so . secondly , the primitive christians held many things unlawfull in point of conscience , which we now hold not so . z tertullian and others informe us , that the christians in his time thought it a hainous sinne ( n●fas ) to pray kneeling on the lords day , or between easter and whitsontide ( and so by consequence to kneele at the sacrament ) praying alwayes standing on those dayes in memory of christs resurrection . which custome was ratified also by many a councels : yet then it was lawfull no doubt in it selfe for them to pray kneeling , and we all use the contrary custome now . the christians then held it unlawfull , to eat blood in puddings , or any other meats , as b tertullian , c minucius felix testifie , and many d councels expressely prohibited it since , as unlawfull : yet all churches at this day deem it lawfull , and practise the contrary . the christians in tertullians dayes , and he himselfe in a speciall book , de fuga in persecutione , held it unlawfull to flee in times of persecution , and therefore they voluntarily offered themselves to martyrdome without flight or resistance . yet we all now hold flying lawfull , and all sorts practise it as lawfull ; yea many more then they ought to doe . i might give sundry other instances of like nature : the christians opinion therefore of the unlawfulnesse of any armed resistance of persecuters publike or private ( held they any such ) though seconded with their practice , is no good argument of its unlawfulnesse , without better evidence , either then , or at this present . thirdly , the case of the primitive christians and ours now is far different ; the emperours , magistrates , and whole states under which they then lived were all pagan idolaters , their religion quite contrary to the laws and false religions setled in those states : there were many e laws and edicts then in force against christian religion , unrepealed : most professors of religion were of the lowest ranke , f not many wise , noble , mighty men , scarce any great officer , magistrate , or senator , was of that profession , but all fierce enemies against it : for christians , being but private men , and no apparant body of a state , to make any publike forcible resistance in defence of religion against emperours , senators , magistrates , lawes , and the whole state wherein they lived , had neither been prevalent nor expedient ; a great hinderance and prejudice to religion , and as some hold , unlawfull . but our present case is far otherwise ; our king , parliament , state , magistrates , people , are all christians in externall profession , our protestant religion established , popery excluded , banished by sundry publike lawes ; the houses of parliament , and others now resisting , are the whole body of the realme in representation , and have authority , even by law , to defend themselves and religion against invading popish forces : in which regards our present resistance is , and may cleerly bee affirmed lawfull , though the primitive christians , in respect of the former circumstances , might not be so . secondly , their resistance , ( especially of the magistrates not vulgar rabble ) if made , had been onely , singly for defence of their religion then practised but in corners , publikely condemned , no where tolerated : our present war is not onely for defence of our religion established by law , and to keep out popery , but for the preservation of laws , liberties , the very essence of parliaments , the safety of the realme , and that by authority of parliament , the representative body of the realme . the parliaments defensive warre , therefore , upon these politicke grounds is just and lawfull , though the primitive christians , perchance in defence of religion onely , as its case then stood , would not have been so : even as the roman senators and states resisting of nero , or any other tyrannicall emperors violations of the laws , liberties , lives , estates of the senate , people , were then reputed just and lawfull , though the christians defence of religion would not have been so esteemed in those times . and thus i hope i have sati●factorily answered this objection without shifts or evasions , and rectified these mistaken fathers meanings , with which our opposites have seduced the illiterate over-credulous vulgar . i have now ( through gods assistance ) quite run through all obiections of moment from scripture , reason , fathers , against the lawfulnesse of the parliaments present defensive war , and discovered divers grosse errors , yea , impostures in our opposites writings , wherewith they have perverted many mens consciences , and cheated the ignorant seduced world : i shall therefore here adjure them in the presence of almighty god , as they will answer the contrary before his tribunall at the day of iudgement , seriously to consider these my answers , and publikely to retract those their errors , false grosse mis-interpretations , perve●sions of scriptures , authors , which i have here discovered . and since they pretend nothing but the satisfying and keeping of a good g conscience in & by others , concerned in this controversie ; to shew a syncere ingenuous conscience therein themselves where they have been mistaken , since the contestation pretended , is not for victory , time-serving , or self-seeking ; but for truth , gods glory , and the publike weal : and if i have over-shot my self in any thing , i shall promise them a thankfull acknowledgement , and ready paline dy upon their information and conviction of any apparent oversights , i may casually fall into . now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive arms against their soveraigns , bent to subvert religion , laws , liberties , the republike , or deem it is a late upstart novelty , i shall conclude this discourse with such personall , naturall and publike authorities , as they shall not be able to balance with counter-resolutions ; in which i shall be as brief as i may be . for personall authorities , i shall not be ambitious to remember many , especially papists , whose common , constant received opinion , and practise hath alwayes been and yet is , h that subjects upon the popes command alone , and absolution of them from their soveraigns allegiance , may and ought to take up even offensive arms against their owne naturall princes excommunicated , interdicted , deposed , or onely declared contumacious , schism●ticall or hereticall by the pope , without , yea , against their kingdoms , parliaments privities or consents , much more then with their approbation . what papists have determined and practised in this very point you may read at large in gratiau himself causa . . quaest. . and causa . . in the very oath of supremacie , and statut , of . iacobi , ch . . which prescribes it , in bishop iewels view of a seditious bull , in doctor iohn w●ite his defence of the way , chap. . & . in abbas vsper ge●sis , sabellicus , valateranus , grimston and others , in the lives of the roman and german emperours ; in aventine his annalium boyorum , the generall and particular histories of france , sparn , germany , italy , sicily , hungary , england ; in bishp bilsons third part of the true difference between christian subjection and unchristian rebellion . in su●dry sermons on the fift of november , to which i shall refer you : in pope paschal his letter to robert earl of flanders , about the year of our lord , . * exorting him to war against those of leige , henry the emperour and his assistants , wheresoever he should finde them , excommunicated and deposed as an heretike and enemy to the church ; telling him , that he could not offer a more gratefull sacrifice to god , then to ware against them ; concluding , hoc tibi & militibus tuis in peccatorum remissionem , & apostolicae sedis familiaritatem praecipimus , ut his laboribus , & triumphis ad coelestem hierusalem , domino praestante , pervenias : which let er was excellently answered by those of leige . and in the * councel of towres in france , under lewes the twelfth , anno . it was unanimously resolved by the church of france , that if the pope did make war upon temporall princes , in lands which they held not of the patrimony of the church , they might lawfully by force of arms resist and defend both themselves and others ; & not only repulse this injury , but likewise invade the lands of the church , possessed by the pope their notorious enemy , not perpetually to retain , but to hinder the pope from becomming more strong and potent by them , to offend both them and theirs . and that it was lawfull for such princes , for such notorious hatred and unjust invasion to withdraw themselves from the popes obedience , and with armed force to resist all censures denounced by the pope against them , their subjects and confederates , and that such sentences ought not to be obeyed , but are mear nullities in law , which obliege no man. yet i must inform you further in brief , that iohn maior a popish schoolman in lib. . sentent . ( as grotius writes ) affirms . that the people cannot deprive themselves of the power , not onely of resisting , but deposing kings in cases which directly tend to their destruction ; and that * iohn barclay , a late scottish priest , though a strenuous defendor of princes prerogatives , expresly averres , that if a king will alienate and subiect his kingdom to another , without his subiects ●onsents , or be carried with atr●e hostile minde , to the dest●uction of all his people , that his kingdom is thereby actually lost and forfeited , so as the people may not onely absolutely resist , and disobey , but depose him , and elect another king : to which k hugo gortius a protestant , freely subscribes ; and iohn bodin●● ●oweth of subjects resistance , yea , deposing kings , in some kingdoms absolutely , and in some cases generally in all ; de repub. l. . c. . l. . c. & l. . c. . & . for protestant personall authorities : we have huldericus zuinglius , explanatio articuli , , , , . tom. . fol. . to . who allows not only subiects actuall resistance , but deprivation of kings , where princes set themselves to subvert religion , laws , liberties ; and that by the common consent of the states in parliament , from whom kings originally receive their royall power and authority . martin luther , bugenhagius , iustus ionas , ambsdorfius , sp●lotinus , melancthon , cruciger , and other divines , lawyers , statesmen , anno . who published a writing in justification of defensive arms by subjects in certains cases ; sleidan . hist. lib. . , . david chrytraeus , chron. saxoniae , l. . p. . richardus dinothus de bello civili gallico religionis causa suscepto , p. . . , &c. a book intituled , de iure belli belgici , hagae , . purposely justifying the lawfulnesse of the low-countries defensive war. emanuel meteranus historia belgica , praefat. & lib. . to . david par●us , com. in rom. . dub. . and. quaest. theolog. . edward grimston his generall history of the netherlands , l. . to . passim . hugo grotius de iure belli & pacis , lib. . cap. . with sundry other forraign protestant * writers , both in germany , france , bohemia , the netherlands and elsewhere ; ioh● knokes his appellation , p. . to . george bucanon de iure regni apud scotos , with many * scottish pamphlets justifying their late wars : ioh. ponet once b. of winchester , his book intituled , politick govern. p. . to . alber. gentilis de iur , belli , l. . c. . l. . c. . . m. goodmans book in q. ma. dayes , intituled , how superior magistrates ought to be obeyed , c. . . . . d. a. willet his sixfold commentary on romanes . quaestion . . & controversie , . p. , , , &c. * peter mariyr com. in rom. p. . with sundry late writers , common in every mans hands , iustifying the ●a●ulnesse of the present defensive war , whose names i spare . and lest any should think that none but puritanes have maintained this opinion , k. iames himself in his answer to card. perron , iustifieth the french protestant taking up defensive arms in france . and l bish. bilson ( a fierce antipuritane ) not onely defends the lawfulnesse of the protestants defensive arms against their soveraigns in germany , flaunders , scotland , france ; but likewise dogmatically determines in these words ; neither will i rashly pronounce all that resist to be rebels ; cases may fall out even in christian kingdoms , where the people may plead their right against the prince , and not be charged with rebellion , as where for example ? if a prince should go about to subject his people to a forreign realm , or change the form of the common-wealth from impery to tyrannie , or neglect the laws established by common consent of prince and people , to execute his own pleasure . in these and other cases which might be named , if the nobility and commons ioyn together to defend their ancient and accvstomed liberty , regiment and laws , they may not well be covnted rebels . i never denied , but that the people might preserve the foundation , freedom , and forme of the common-wealth , which they fore prised when they first consented to have a king : as i said then , so i say now , the law of god giveth no man leave ; but i never said , that kingdoms and common-wealths might not proportion their states , as they thought best , by their publike laws , which afterward the princes themselves may not violate . by superiour powers ordained of god , ( rom. . ) w● understand not onely princes , bvt all politike states and regiments ; somewhere the people , somewhere the nobles , having the same interest to the sword , that princes have to their kingdoms , and in kingdoms where princes bear rule by the sword ; we do not mean the private princes will against his laws , bvt his precept derived from his lawes , and agreeing with his lawes : which though it be wicked , yet may it not be resisted of any subject , ( when derived from , and agreeing with the laws ) with armed violence . marry , when princes offer their subjects not iustice but force , and despise all laws to practise their lusts , not every , nor any private man may take the sword to redresse the prince ; but if the laws of the land appoint the nobles as next to the king to assist him in doing rig●● , and withhold him from doing wrong , then be they licenced by mans law , and not prohibited by gods , to interpose themselves for safeguard of equity and innoce●cy , and by all lawfull and needfvll means to procvre the prince to be reformed , but in no case deprived where the scepter is hereditary . so this learned bishop determines in his authorized book dedicated to queen elizabeth , point-blank against our novell court-doctors , and royall●sts . but that which swayes most with me , is not the opinions of private men , byassed oft-times with private sinister ends which corrupt their judgements , ( as i dare say most of our opposites in this controversie have writ to flatter princes , to gain or retain promotions , &c. ) but the generall universall opinion and practice of all kingdoms , nations in the world from time to time . never was there any state or kingdom under heaven from the beginning of the world till now , that held or resolved it to be unlawfull in point of law or conscience , to resist with force of arms the tyranny of their emperours , kings , princes , especially when they openly made war , or exercised violence against them , to subvert their religion , laws , liberties , state , government . if ever there were any kingdom , state , people of this opinion , or which forbore to take up arms against their tyrannous princes in such cases , even for conscience sake , i desire our an●agonists to name them ; for though i have diligently searched , inquired after such , i could never yet finde or hear of them in the world ; but on the contrary , i finde all nations , states , kingdoms whatsoever , whether pagan or christian , protestant or popish , ancient or modern , unanimously concurring both in iudgement and constant practice , that forcible resistance in such cases is both iust , lawfull , necessary , yea , a duty to be undertaken by the generall consent of the whole kingdom , state , nation , though with the effusion of much blood , and hazard of many mens lives . this was the constant practise of the romans , grecians , gothes , moors , indians , aegyptians , vandals , spaniards , french , britains , saxons , italians , english , scots , bohemians , polonians , hungarians , danes , swedes , iews , flemmins , and other nations in former and late ages , against their tyrannicall oppressing emperors , kings , princes , together with the late defensive wars of the protestants in germany , bohemia , france , swethland , the ●ow-countries , scotland , and elsewhere , against their princes , ( approved by queen elizabeth , king iames , and our present king charles . who assisted the french , bohemians , dutch , and german protestant princes in those wars , with the unanimous consent of their parliaments , clergy , people ) abundantly evidence beyond all contradiction ; which i have more particularly manifested at large in my appendix , and therefore shall not enlarge my self further in it here : onely i shall acquaint you with the●e five particulars . first , that in the m germanes defensive wars for religion , in luthers dayes , the duke of saxonie , the lantzgrave of hesse , the magistrates of magd●burge , together with other protestant princes , states , lawyers , cities , counsellors and ministers , after serious consultation , concluded and resolved , that the laws of the empire permitted resistance of the emperour to the princes and subjects in some cases , that defence of religion and liberties then invaded , was one of these cases ; that the times were then so dangerous , that the very force of conscience and necessity did lead them to arms , and to make a league to defend themselves , thovgh caesar or any in his name wovld make war against them ; that if the emperour had kept his bonds and covenants ▪ they would have done their duties ; but because he began first to make the breach , the fault is his : for since he attempteth to root out religion , and subvert our libertie , he giveth us cause enough to resist him with good consciene ; the matter standing as it doth , we may resist him , as may be shewed by sacred and prophane stories . vnjust violence is not gods ordinance , neither are we bound to him by any other reason , then if he keep the conditions on which he was created emperour . by the laws the mselves it is provided , that the inferiour magistrate shall not infringe the right of the superiour : and so likewise if the superiour magistrate exceed the limits of his power , and command that which is wicked , not onely we need not obey him , bvt . if he offer force we may resist him . so they in point of law and conscience then publikely resolved . secondly , that the n french protestants , and others , in the reign of king fran●is the second , anno . being much oppressed by the guisian faction , who had got the k. into their power , and wholly swayed him ( as his maj. ill councellors sway him now ) thereupon assembling together to consult of some just defence , to preserve the just and ancient government of the realm . they demaunded advice tovching law and conscience , of many learned lawyers and divines ; who resolved , that they might lawfvlly oppose themselvs against the government which the house of guise had usurped , and at need take arms to repvlse their violence ; so as the princes , who in this case are born magistrates , or some one of them would undertake it , being ordered by the states of the realm , or by the sounder part of them . o that defence of religion and liberties against violence and oppression were iust causes of warre ; et quod pia arma ea sint , ultra quae nulla restat spesvitae nec salutis . a like resolution and determination was mad● by the chief dukes , peers , nobles , and officers of france , anno . which you may read in the appendix . thirdly , that the p angrognians and waldensian protestants of lucerne and piedment in the year . to . being persecuted by the lord of trinitie and their popish soveraigns , assembling solemnly together to consult how to prevent the great dangers then at hand , after long prayer and calling upon god for his grace and spirit of direction and counsell , well to manage their weighty affairs , and to preserve themselves and the protest●nt religion professed by them , concluded in the end , to enter into a solemn mutuali covenant , and to ioyn in a league together for defence of themselves and their religion ; whereupon they all promised by gods grace and assistance , to maintain the pure preaching of the gospell and administration of the sacraments , and one to ayd and assist the other , &c. which they did with good successe , obtaining many glorious victories against invading persecuting enemies . the like did q zis●a , the thaborites and bohemians heretofore , and of r later times ; as the maginall authors largely relate , resolving it iust and lawfull for them in law and conscience , to defend themselves and their religion by force of arms against their persecuting soveraignes . fourthly , that the s netherland provinces , being oppressed in their bodies , estates , by the duke of alua and spanyards tyrannie , and in their religion and consciences , by the introduced inquisition to extirpate religion ; did after serious deliberation , and consultation with learned men of all sorts , unanimously conclude and enter into a solemn covenant to defend their libities , religion , laws , by force of arms , against the spanish tyrannie ; as you may read at large in their histories . and in the year . the prince of orange and his confederates having levyed a goodly army to relieve mons besieged by the duke of alua , caused this notable * protestation to be printed and published to the world , as well in his own name , as in his confederates , giving a reason of the arms which he had taken up , as followeth . wee william by the grace of god , prince of orange , earle of nassau , &c. to all noble-men , knights , gentlemen , and others , of what quality soever of these netherlands which desire the liberty thereof , being miserably tyrannized and oppressed by the duke of alva , the spaniards , and other their friends , traytors and mvrtherers of their own covntrey , we declare that every one of us , for a particular love and zeale he beares unto his countrey , and for the glory of god , which we desire above all , have often sought by all meanes the good and quiet of the countrey , as well by petitions and other mild meane ▪ as by force of armes , thinking to draw those that were as we are , to doe the like , sometimes by sighes and prayers unto god , having had patience untill that it should please him to mollifie the hearts of the said tyrants ; but in the end solicited and called generally and particularly by the inhabitants of the said countrey , by reason of the inhumanities and oppressions ; we have in the name of god ( according to ovr consciences ) taken armes ; protesting before god and his angels , and before all men present and to come , that we have not been moved hereunto by any private passion , but with an ardent desire which we have to oppose our selves against this more then barbarous and unsupportable tyranny , to the proclamations , edicts , taxes , imposts and charges of the hundreth , thirtieth , twentieth and tenth penny imposed by the in satiable covetousnesse of the duke of alva , against the lawes liberties , freedomes , and ancient priviledges of the said countrey ; which lawes , liberties , freedomes and ancient priviledges , we mean ( by the grace of god ) to restore unto the said countrey , holding it under the obedience of their prince and natur all lord , as we are bound to do : affirming and maintaining , that * all princes and noblemen , gentlemen , commonweales , or others , of what quality 〈◊〉 be they strangers or home-bred , that have been moved to give us 〈◊〉 or 〈◊〉 in this so ivst an enterprise , have not don it for any other● 〈◊〉 but for true piety and compassion which they have with us of the said 〈◊〉 and ●alamities : wherefore we pray and entreat every one , both in generall 〈◊〉 p●●ticular , to assure themselves , that we intend not to doe wrong to any man , nor to attempt upon the good estates or honour of any of what quality soever , were he of the ●lergy , but are ready to aid and assist every one freely and willingly ; as for his liberty every one is bovnd to svccor vs by all dve and possible meanes . in the mean time we will give order , that god and the countrey may be served , in procuring the preservation of the people , and the defence of their houses , wives , and children : praying to god , that he would favour and bring to a good end so holy and necessary an enterprize . this their defensive warre , yet continuing , hath been justified by many , and in speciall maintained to be just and honorable both in law and conscience in a particular book de jure belli belgici , printed at the hague with the states approbation , . to which i shall referre you . fifthly , ( which comes neerest to our present case of any story i have met with ) alphonso the . r king of arragon , in the year , through the ill advise of some bad counsellors and courtiers about him , departed in discontent from the parliament of the estates of arragon then assembled at saragossa , and posted to osca , because the parliament took upon them to make lawes to reforme and order his court , his courtiers , which he denyed , but they affirmed , they had justright and power to doe . hereupon , the businesse being put unto geeater difficulty ; the estates affirmed . a comitiis intempestive discedere regi nefas esse , that it was a wicked act , for the king thvs vnseasonably to depart from the parliament , neither was so great a breach of their priviledges and rights to be patiently endvr●d : whereupon they presently raised up the name and forces of the vnion or association ( formerly made and entred into between the nobility , cities , and people , mutually to aid and assist one another to preserve the peace and liberties of the realm , even with force of armes ) it being lawfvll for the common cause of liberty ; non verbis solum . sed armis qvoqve contendere , not onely to contend with words , bvt also with armes . vpon this , king alphonso desirous to prevent the mischiefs then present and incumbent , by advise of his privy counsell , published certaine good edicts at osca for regulating his court , counsell , iudges , officers ; by which he thought to have ended all this controversie , but because they were promulged onely by the kings own edict , not by the whole parliament as binding lawes , they still proceeded in the vnion ; till at last , after various events of things , this king returning to the generall assembly , and parliament of the estates at saragossa , in the year . condescended to their desires , and confirmed the two memorable priviledges of the vnion , with the soveraign power of the iustice of aragon , which could controll their very kings : of which see more in the appendix . i shall close up this of the lawfulnesse of a necessary defensive warre , with the speech of the emperour alexander seuerus , recorded by s herodian , l. . he who first infers injuries hath no probable colour ; but he that repulseth those who are troublesome to him ; ex bona conscentia sumit fid●c●am ; assumes confidence from a good conscience , and good hope of successe is present with him from hence , that he offers not injury , but removes it . thus have i now at last waded thorow this weighty controversie , of the lawfulnesse both in point of law and conscience , of the parliaments present , and all other subjects necessary defensive warres against their soveraigns , who invade their lawes liberties , religion , government , to subvert them , by open force of armes : in which i have freely and impartially discharged my conscience , not out of any turbulent , seditious , or disloyall intention , to foment or perpetuate the present , or raise any future destructive , unnaturall warres between king , parliament , and people , or to countenance , to encourage any tumultuous , rebellious , factious , ambitious , traiterous spirits to mutiny or rebell against their soveraigns for private injuries , or upon any false unwarrantable ends or pretences whatsoever ; ( let gods curse and mens for ever rest upon all those , who are in love with any warre , especially a civill , within their own dearest countries bowels ; or dare abuse my loyall sincere lucubrations to any disloyall sinister designes , to the prejudice of their soveraignes , or the states wherein they live : ) but only out of a cordiall desire to effect such a speedy , honourable , safe , religious , sempiternall peace between king and parliament , as all true christian english hearts both cordially pray , long for , and endeavour , by informing his seduced majesty , his evill cou●sellors , his popish ma●ignant forces , that if they will still proceed unnaturally and treacherously to make war against their native countrey , religion , lawes , liberties , and the parliament , ( which to doe i have t elsewhere manifested to be no lesse then high treason , rebellion , against both king and kingdome ) they may in point of conscience and law too , be justly opposed , resisted , repulsed , even by force of armes , without any guilt of treason , rebellion , or feare of temporall or eternall condemnation , as publike enemies , rebels , traytors to the realm , whateve●er they have hitherto been informed of to the contrary by temporizing lawyers , or flattering illiterate court divines ; and by assuring all such noble generous publike spirits , who shall willingly adventure their lives or fortunes by the parliaments command , in the present necessary defensive warre , for the ends pr●mised ; that for this good service they shall neither in the courts of law. nor conscience , incurre the least stain , or guilt of treason , rebellion , sedition , or any such like odious crime , much lesse eternall condemnation ; the panick feare whereof , frequently denounced against them by many sottish malignants , royalists , ill-instructed lawyers and theologasters , hath frighted , kept back , and withdrawn multitudes from , yea cooled , corrupted many in this honourable publike duty , service , which they now owe of right to god and their countrey ; in which to be treacherous , perfidious , sloathfull , negligent , cold , uncordiall , or timerous ( as too many hitherto have been , to the greater honour of those who haue been faithfull , actiue , valiant , and sincere ) especially now after so many late horrid treacheries most happily discouered and a new couenant solemnly entred into , demerits a perpetuall brand of i●famy and reproach . to dye fighting for ones dearest bleeding , dying countrey , hath in all ages been honoured with a crown of martyrdome ; to liue or dye fighting against it hath ever deserved the most capitall censures , ignominies , and heaviest execrations . let both sides therefore now seriously ponder and lay all the premises close to their soules , consciences ; and then i doubt not through gods blessing , but a happy peace will speedily thereon ensue x nation shall not lift up sword against nation , countrey against countrey , englishman against englishman , brother against brother any more , as now they doe , neither shall they learn such an unnaturall cursed kind of civill warre any more , but beat their swords into plow-shares , and their speares into pruning ●ooks ; and y greet one another with a kisse of holy peace and charity : which desired end and issue of these present bloudy warres god in his mercy hasten and accomplish , to the joy of all our soules . i should now , according to former engagements , proceed to other remaining particulars ; but because this part hath already farre exceeded its intended bounds , out of a desire to give full satisfaction in a point of highest present , and future concernment every way ; i shall reserve the residue , with the appendix , for another distinct part ; with which i shall conclude my meditations and collections of this subject , without any further additions , if god say amen . finis partis tertiae . errata in some copies . pag. . l. . to . by . p. . l. . omri , zimri . l. . ludah , israel . p. . l. . that . p. . l. . of their . p. . l. . hence . p . l. . not a bishop ; a bishop , not a lay-man . p. . l. . dele as : p. . . . brevis . p. . l. . assistants . p. . l. . offer to , r. ask of . p. . . l. no man should long . p. . l. ● . ●ipodes . p. . l. . rulers , l. . irresistance . p. . l. . by the. p. . l. . emperours . l. . emperour . the fovrth part of the soveraigne power of parliaments and kingdomes . wherein the parliaments right and interest in ordering the militia , forts ▪ ships , magazins , and great offices of the realme , is manifested by some fresh records in way of supplement : the two houses imposition of moderate taxes and contributions on the people in cases of extremity , without the kings assent , ( when wilfully denyed ) for the necessary defence and preservation of the kingdome ; and their imprisoning , confining of malignant dangerous persons in times of publicke danger , for the common safety ▪ are vindicated from all calumnies , and proved just . together with an appendix ; manifesting by sundry histories and foraine authorities , that in the ancient kingdome of rome ; the roman , greeke , german empires ; the old , the present graecian , indian , aegyptian , french , spanish , gothish , italian , hungarian , polmian , bohemian , danish , swedish , sc●ttish , with other foraine kingdomes ; yea in the kingdomes of iudah , israel , and other gentile royalties , mentioned in scripture ; the supreame soveraigne power resided not in the emperours , or kings themselves , but in the whole kingdome , senate , parliament , state , people , who had not onely authority to restraine , resist , yea call their emperours , and kings to an account , but likewise , when they saw iust cause , to censure , suspend , deprive them for their tyranny , vice● ▪ mis-government ; and sometimes capitally to proceed again●● them . with a briefe answer to the contrary objections ; and tenne materiall observations , confirming all the premises . by william prynne , utter-barrester , of lincolnes inne . ola●s magnus l. . c. . de iniquis , consiliariis , &c. . iniqui consilia●● aiunt , regem nihil injuste facere p●sse , quippe omnia 〈…〉 ipsos . tantum●● 〈◊〉 esse proprium , quantum regis benignitas ei non ●●lemeirt , &c. 〈…〉 principes , his & similibus consiliis & consiliariis , facti sunt eaules , miseri , infames , & inhabile , inse & p●●eritate sua , amplius gubernandi . principisitaque officium est , ut non se●us curet subdi●os , quam fidelis pastor 〈…〉 conservet . it is this tenth day of iuly , ordered by the committee of the house of commons con●erning printing , that this booke intituled the fourth part of the soveraign power of parliaments and kingdoms , &c. be printed by michael sparke senior . iohn white . printed at london for michael sparke senior . . to the reader . courteous reader , i here present thee with the last part , of the soveraigne power of parliaments and kingdomes , and an appendix in pursuance of it ; abundantly manifesting , from the very fundamentall constitutions , l●●●es , customes , resolutions , remonstrances , oathes , inaugurations ▪ elections , ceremonies , histories , publique transactions , treaties , agreements , wars , of forain empires , emperors , realmes , kings , states , senates , diets , parliaments , in all ages , and the most judicious foraine authours of all sorts ; that whole kingdomes , parliaments , senates , states , nations collectively considered , have ever constantly enjoyed in all ages , nations ▪ the most soveraigne jurisdiction , and authority , and beene paramount their kings and emperours , who were and are subordinate , account●ble for their actions to them ; and copiously refuting the fond erroneous fancies of all illiterate flattering court-doctors , theologasters , lawyers , statists , who , without any shadow of truth or reason , audaciously averre the contrary , not so much to f●atter or seduce their princes , as to advance themselves ; against whom the contrary constant practice and resolutions of most lawfull kingdomes , that either are or have beene in the world from adams dayes till now , shall unanimously rise in judgement , and passe a most catholike irreversible sentence on them , for their notorious flatteries and impostures . for mine owne particular , as i have alwayes beene , and ever shall be an honourer , a defender of kings and monarchy ( the best of government , whiles it keepes within the bounds which law and conscience have prescribed ; ) so , i shall never degenerate so farre beneath the duty of a man , a lawyer , a scholar , a christian , as to mis-informe , or flatter either ; nor yet ( out of any popular vain-glory ) court either parliaments or people , to the prejudice of kings just royalties ; but carry such an equall hand betweene them , as shall doe right to both , injury to neither ; and preserve , support their just , legall severall soveraignties , iurisdictions , rights , within their proper limits , without tyrannicall invasions , or seditious encroachments , upon one another , to their mutuall and the republickes prejudice . it fares with regall and popular powers , usually , as with seas and mighty rivers , if they violently breake downe , or swellingly overflow their fixed bankes , they presently cause an inundation , and in stead of watering , surround , and drowne the countries round about th●m , for a season , ( sometimes for sundry yeares ) ere they can be perfectly drained , and their bankes repaired , to confine them to their ancient proper channels , ; of which we have present sad experience , written in capitall red bloody letters , throughout the realme . to redresse , prevent which overflowing mischiefe for the future , i have without feare or flattery of any bumane power , or party whatsoever , by publicke authority divulged this last , and the three preceding parts of this discourse : together with the appendix , ( all hastily collected , and more confusedly compacted through went of time , and sundry interrupting avocations , then i desired ) wherein i have impartially , according to my ●udgement , conscience , defended nought , but ancient , undoubted , universall truthes of reall state-policy , and true theologie , ( almost forgotten in the world , yea cryed , preached , printed down for erronious , seditious paradoxes , if not treasons , by sycophants and malignants in these later ages ; ) out of a cordiall affect●on as much as in me lyeth , to restore and settle the weale , tranquillity , and safety of my bleeding , dying country , now miserably distracted , wasted , consumed every where : ( through the long fore plotted conspiracies of romish priests and iesuites , to subvert the protestant religion and our realmes ) upon a pretended quarrell unhappily raised by them , betweene the two mu●h mistaken grand soveraigne jurisdictions , of king and parliament , crowne and kingdome , now miserably clashing one against the other , through ignorance and mistakes , and trying their titles in the open field by battaile , in stead of law ; by the sword of the souldier , not of the spirit , the onely proper peaceable iudges in these quarrels , by which alone they can and must be finally resolved , settled ; else neither king nor kingdome , can be ever quiet , or secure from dangers , and commotions . i dare not presume to arrogate to my selfe , a spirit of in ●errability in the grand controversies here debated , wherein i have travelled in no beaten common road ; no doubt * generall , nationall councells , parliaments , popes , kings , counsellors , statesmen , lawyers , divines , all sorts of men , both may , and usually doe erre from truth , ( especially in questions which concerne their owne iurisdictions , honours , profits ; ) and so may i. but this i dare with safe conscience protest to all the world , that i have not willingly erred in any particular ; and if i have casually failed in any thing , out of humane frailty , i shall ( upon better information ) acknowledge and retract it . in the meane time , i trust , i have here sufficiently discovered , refuted , many common impostures and erroneous grosse mistakes in law , policy , divinity , antiquity ; which have in later ages beene generally received as indubitable verities , by most men ; yea professedly defended by sundry injudicious lawyers , and ignorant divines ( though perchance reputed learned , solid in their own , and others opinions ) who never tooke the paines to dive into the true originall fundamentall creations , institutions , publicke lawes , reasons , policies , iurisdictions , compositions , rights , customes , histories of kings , kingdomes , parliaments , states , magistrates , people ; the ignorance whereof , hath made them confidently vent many grand absurdities , and untruthes , to the prejudice , imbroyling , and almost utter ruine of divers kings and states ; which now , i hope , they will ingenuously acknowledge and recant with reall griefe and shame , that they have so grossely cheated , seduced kings , kingdomes , people , and oft times stirred up civill warres , to maintaine their idle lies , crazy fictions , as just royall rights , and indubitable prerogatives , when as they are nothing lesse . i shall not begge any mans beliefe , of any truth here newly discovered , further than his own iudgement & conscience , upon serious consideration , shall convince him of it ; and himselfe discerne it fully ratified by substantial precedents and authorities in the body and close of the treatise & appendix : only this i shall request of every reader , to peruse over all the parts of this discourse with a cordiall love of truth and peace ; and when he is convinced what is truth , then to live and dye in pauls resolution , cor. . . we can doe nothing against the truth , but for the truth . it was our saviours owne reply to pilate , john . . for this end was i borne , and for this cause came i into the world , that i should beare witnesse unto the truth ; o then let it now be every ones end , and practice too ; since it is the * truth ( and nothing else ) that shall make ( and keepe ) us free : free , from errors , troubles , tumults , warres ; slavery , tyranny , treachery , popery , dangers , feares : wherefore , * love the truth and peace , and then through gods mercy we shall speedily regaine , retaine them both . farewell . the fourth part of the soveraign power of parliaments and kingdomes . the parliaments interest in the militia , forts , navy , & officers of the kingdom . in the preceding parts of this discourse , i have with as much perspicuity and sincerity as i could , waded through those deepe and weighty differences of greatest importance , which have lately ( to our great unhappinesse ) i know not by what * evill spirits solicitation , unexpectedly risen up by insensible degrees , betweene the kings majestie , and the present parliament ; ( whose primitive sweet agreement , made us not so happy , as their subsequent divisions in place , affection , opinion , have rendred the whole three kingdomes miserable , ) in point of royall prerogatives onely , which i have dispatched : i should now proceed to other controversies betweene them , principally concerning the subjects liberties ; but before i passe to those particulars ; i shall present you with some few records of speciall note ( casually omitted in their proper place , through over-much haste , and want of time ) which will very much cleare the parliaments just right , and ancient jurisdiction in ordering the militia of the realme , by sea and land ; in disposing the ships , the forts of the realme for the publicke safety in times of danger ; in concluding matters of warre and peace ; in placing and displacing the great officers , the privy counsellors of the kingdome ; yea regulating the kings owne houshold , and meniall servants oft times ; when there was occasion ; which may serve as a supplement to the second part . it it the determination of henricus rauzovius , a noble dane , a great statesman and souldier in his commentarius bellicus , dedicated to christierne the fourth , king of denmarke , anno . lib. . c. . that all kings and princes in most republickes , rightly and lawfully constituted , are obliged by their paction entred into before their inauguration , a not to begin or move any warre without the consent of all the estates and nobles . thus in my hearing , philip king of spaine , when he demanded and tooke an oath from his subjects in the netherlands , promised by a mutuall oath to the estates , that he would make no warre in those parts without their privi●y . the same also ( most noble king ) is received and observed not only in your kingdomes and 〈◊〉 , but likewise is in use almost in all europe . therefore frederick your father of most famous memory , knowing himselfe to be bound hereunto by compact , before he would be involved in the swedish warre , communicating the whole businesse faithfully to his people , as well to the senators of the realme , as to the nobles of the dukedomes , maturely advised with them about the manner of waging it . wherefore , lest the warre which is undertaken bee accused as unjust by the states , because it was undertaken without their advice , contrary to custome and agreements , all ought to be assumed into the counsell and care of warre . for thus it will come to passe , besides , that things very well thought on and deliberated by many , have for the most part better successes , then those things which are rashly begun by some one ; that the subjects , who not unwillingly bring their estates and lives into danger , will lesse feare the losse of both , will fight more valiantly , and will put forth all their strength in prosecuting and ending the combate of warre , even for this reason , that themselves have beene the advisers of the warre . upon this reason , not onely the kings of the iewes , arragon , france , nav●re , and others , ( as i have manifested in the b appendix ) but even of this our realme , have usually undertaken all their warres , and ordered all their military affaires , both by sea and land , by the advice and direction of their parliaments , as the grand councell of warre , both for king and kingdome . this i have plentifully manifested in * the premises , by sundry examples , and shall here onely briefly ratifie with some few new precedents . in the first parliament of ed. . after proclamation made , num. . that none should come armed with weapons to the parliament , num. . the causes of summoning the parliament were shewed to the lords and commons , to have their counsell and advice therein , what was best to be done ; and expressed to be three . first , that every one , great and small , should consider , in what manner the peace might most surely be preserved within the realme . secondly , how the marches of scotland , and the northerne parts might be best defended and kept against the enemies of scotland . thirdly , how the sea should be guarded against the enemies , that they should doe no dammage , nor enter the realme for to destroy it . after thus . num. . the bishops and letters from the king then in france , relate to the houses the estate of the kings army , warres , and proceedings in france , and the great debts the king stood ingaged in for the maintenance of his army ; for discharge whereof and the kings further reliefe in the easiest way , to support his warres the lords condescended to grant the ninth sheafe of all their corne , and the ninth fleece and lambe of all their flockes to the king , for the two next yeares , so as the custome of mal-tolt , newly imposed on woolls , should be released , and this grant not drawne hereafter into custome , as a precedent to their prejudice . who acquainting the commons therewith , they after deliberation ; as to the kings supply ; returned this answer . num. , . that they thought it meet the king should be supplyed , and were ready to ayde him , as they had alwayes formerly beene , but yet as the ayde was granted in this case , they durst not assent to it , untill they had consulted and advised with the commons in the country ; for which end they craved time to goe into their counties , and that writs might issue to summon another parliament on the octaves of saint hillary , of the richest knights in every shire at a short day to come , ( which , was c condescended to . ) after which , num. , , . they gave this answer in writing concerning the three articles propounded to them : first , as to the keeping of the peace of the realme , that the justices of the peace had sufficient power already to that purpose ; onely they adde , that disturbers of the peace should not be let out of prison , but upon sufficient bayle , and that no charters of pardon should be granted to felons , but by common consent in parliament , and all other pardons held as voyd . to the second they answered , that the king before his going beyond the seas had taken so good order , and appointed such sufficient guardians to defend the marches of scotland , who were best able to guard those parts , that the enforcement of them by the kings councell would be sufficient , without any charge to the commons ; only , they ordered , that every man who had lands in the marches of scotland , of what condition soever they were , should reside upon them to defend them ( as it had beene formerly ordained ) without charge to the commons . to the third , concerning the guard of the seas : the commons prayed that they might not be charged to give counsell in things of which they had no conisance ( or charge ; ) and that they were advised , that the barons of the ports which at all times have honours before all the commons of the land , and are so enfranchized to d guard the sea betweene us and strangers , ( if so be it fals out , that they will enter and assaile our land ) that they contribute to no aydes nor charges on the said land , but receive profits without number arising by the sea , for the guard aforesaid . wherefore the commons are advised , that they ought to maintaine a guard upon the sea , as the e commons do upon the land , without taking or demanding wages . likewise , there are other great townes and havens which have a navy , that are in the same case , and are bound to guard the sea. and as for the safeguard of the watch-houses upon the sea by land ; let the guard of them be made by the advice of the knights of the shire , where the said guardians are assigned , in the safest manner that may be , without charge of the commons : and that the people of the land , of what condition soever , which have lands on the coast , shall keepe residence upon those lands , the better to repulse the enemies from the land , so that for their abiding there , they shall be discharged to give any aide toward the same guard elsewhere . num. . the commons frame and demand a generall pardon , upon grant whereof they promise to aide the king with monies . num. . they make an ordinance for increase of monies in the realme . num. . because the ships of england went not out together in fleetes , to trade , but severally , out of desire of gaine and covetousnesse , and so many of them were taken by the enemies of the king , and the men slaine and murthered , to the dishonour of the king and the whole realme ; it was agreed , and assented in full parliament , that all the navy should stay and be arrested , till further order were given to the contrary . num. . it was accorded and assented in parliament , that the bishops and lords in the parliament , should send letters to the archbishop of yorke , and the clergy of his province , under their seales , to excite them to grant a convenient ayd for the guard of the marches of scotland , for the defence of the church , the realme , and themselves , as the clergy of the province of canterbury had done . num. . it is accorded , that master robert de scardeburgh shall be put into the commission which shall be sent into the county of yorke , to survey the array of the people , which shall be chosen for the defence of the realme , in lieu of sir thomas de blaston . that sir richard chastell shall be put in the commission to survey the array in the counties of notingham and derby , and iohn feriby in the county of lancaster . num. . it is assented that the people of holdernes shall be arrayed , taxed , and make ayde for the guarding of the marches of scotland , and other businesses of the king in those parts , notwithstanding the commission made to them to guard the sea , num. . the lords who have lands towards the marches of scotland , are commanded and prayed by writs and letters to repaire thither for defence thereof , namely the lords of ros , wake , mowbray , clifford , and master william daubeny steward of the earle of richmond , and that those who could not in this case goe in proper person , should send their people to the lords in the marches . in the second parliament held this yeare , by appointment of the first ( octabis hilarii , . ed. . num. . . edward duke of cornwall , guardian of england ( in the kings absence ) being hindered by other businesses to be present in this parliament , by letters patents under the kings great seale , appointed the archbishop of canterbury , and others to supply his place , and hold the parliament . num. , , , . the commons for the defence of the realme , sea , and marches of scotland , granted the king thirty thousand sackes of wooll , and the earles and barons , the ninth sheafe , fleece and lambe , within their demesne lands ; and agreed to raise a great summe of money presently , to set out a fleet of ships to sea , fraught with men of armes , and archers for defence of the realme . num. . all the merchants of england , were summoned by writ to appeare at westminster in proper person , to conferre upon great businesses concerning the kings honour , the salvation of the realme , and of themselves . num. . the mariners of the cinque-ports upon their departure promised to make their ships ready by mid-lent ; and were to receive a summe of money to helpe defray their charges herein ; and the men of the cinque-ports , promised to defray the moity of the costs ; and the kings counsell the other moity , but not in name of wages , but out of speciall grace ; and the f cinque-ports were to finde ships of their owne , and nine ships of the river of thames . num. . the mariners towards the west promised to finde . ships of an hundred tunne and upwards , and to make them ready by the same day ; and to defray the charges of them as farre as was requisite ; and for the residue , the kings counsell were to send them a summe of money for their aide , but not as wages , but of speciall grace ; and a clerke was ordained to survey the charges of the mariners of the west ; and of the cinque-ports . num. . all the ships of portsmouth , and the west , were to meet at dartmouth at the day assigned ; and the earle of arundell was assigned their admirall ; and the ships of the cinque-ports and the river of thames , were to meete , & assemble at winchelse , and the earle of huntindon , appointed their admirall ; and that all these ships should be ready by the middle of lent , num. . the admiralls of all parts were commanded to arrest all other ships , that might passe the seas , for feare of being surprised by the enemies , & that . men s●ould man those to whom the smaller ships belonged , to bring them into such havens where they might be safest from the enemies . num. . writs were directed to all sheriffes of england to make proclamation , that all those who had charters of pardon , should repaire towards the sea , in the service of the king , and at his wages by the middle of lent , upon paine of losing their charters , and being put to answer the things contained in them , in case they should not goe . num. . it was accorded and assented in parliament , that master richard talbot ordained to guard the towne of southampton , which he had undertaken to doe , should have a company of men at armes , and archers at the kings wages , which he might increase if there were cause ; that he and they should have their wages paid them monethly , from the second sunday in lent , and so forwards whiles they continued in that service , & that he should receive . pounds in money , and . markes in wooll , in respect of his said service , and to defray his ancient debts . and he had power given him to assesse and levy monies upon the said town , towards its defence ; and if the towne were not able to defray all the charge , the king should ayde them for the residue . num. . the bishop of winchester , the prior of st. swithin of winchester , and the abbot of winchester , were commanded to have the people of their manners next the towne of southhampton well a●med and arrayed , that they might be ready to their power to defend the said town , upon summons of the guardians thereof ▪ that no perill might happen thereunto , num. . that two pinaces , one of melbroke , and the other belonging to roger norman● , should be assigned to remaine in the port of southampton , at the appoi●tment of the said mr. richard , for the safety the●eof . num. . all the burgesses and sea-men of the town which had departed thence , were ordered to goe and abide therein 〈◊〉 the defence thereof , and of their owne possessions ; and in case they refu●ed , that their lands and possessions should be seized into the kings hands , and the profits of their lands which should be found elsewhere . num. . that a commission should be made to stephen butterly , and william weston , serjeants at armes , to take timber , bords , and other things necessary for the safety of the said towne at certaine prises , upon endenture made between them and the owners of the said goods ; and that the king should pay , or give them other satisfaction . num. . . that all the armes , engines , ammunition , iron and lead in the said towne , should be delivered to the gardian of it by indenture ; who should have the same power in all things within that towne , as the earle of warwicke had , when he was governour . num. . that the sheriffe should have a writ of attendance , to be attendant on the said mr. richard , with victuals , and all other things necessary for the safegard of the said towne . num. . . . certaine merchants are appointed and take upon them to the parliament , to buy great proportions of corne , peas , oates , hay , and other provi●ions , ( the quantities whereof are particularly expressed ) at certaine rates , to victuall barwicke , the castles of edenburg , and strivelyn , ( which castles mr. thomas rokeby , guardian thereof , promised to keep till saint iohns day then next to come , upon condition to receive his wages formerly due , out of the first moneys granted to the king in this parliament , ) by a certaine day ; provided they shall carry no victuals to the enemies of the king and realme , and that they should be payd out of the first moneys arising out of the ayde granted to the king. num. . . the inhabitants of the ●sle of wight were respited of the ayd granted to the king , according as their good carriage should be during the war ; and it was agreed in parliament , that no commandement nor ordnance , or license granted under the great or privy seale , to any of the said inhabitants bound to defend the said isle , should licence any to absent himself from it during the war , unlesse it were for feare of disinheriting or other great necessity : with which the councell should be acquainted , or upon in quests . num. . . provides , that the castle of caresbr●● in the i le of weight should be furnished with a certa●ne proportion of wine ▪ corn , peas , o●ts , hey , coles ▪ iron , salt ; and that a commission should be granted to robert vandalym sheriffe of southampton , and to william of kekenwich joyntly and severally , to purvey and deliver the same provisions over by indenture , to the constable of that castle ; and a writ directed to the kings botteller , to deliver the wines assigned ( to wit ten tonne ) out of the wines then in , or which should first come into his hands . num. . mr. thomas ferrers undertakes to the parliament , to send without delay a sufficient man to the castle of iernsey , to survey she defaults and state of the said castle , to certifie the councell fully of them ; and in the meane time to finde the wages of those remaining there in garrison , to the summe of an hundred pounds ; and a writ is directed to the sheriffe of southampton , to furnish the said thomas with a convenient quantity of powder , and iron , and other necessaries for the defence of that castle . and because thomas peyne , one of the jurates of that isle was gone to the enemies , contrary to a defence made , that a writ should issue to the bayliffs and jurates of the same isle to choose another sufficient man in his place , and to seize his lands , goods , and chattels into the kings hands , and answer the meesne profits of them . num. . dorso . there is an exact array or list of all the captaines and men at armes , and archers under their severall commands for defence of the borders of scotland , amounting in all to . num. . those of the counties of nottingham , derby , yorke , were to goe to newcastle upon tine , at the countries charges , and then to receive the kings wages : and those of westmerland , cumberland and lancashire , to marth to carlile at the counties charges , and then to receive the kings wages ; and that the commanders , great men , and all the host when they assembled sh●uld lie and travell in the land of scotland , and not in the marches of england . num. . . a fit and trusty clerke is appointed to pay the souldiers wages by the advise and survey of the lords percy and nevill , and merchants are ordered to returne moneys for the exploit , and to furnish the king of scotland with moneys sufficient to maintaine twenty men at armes . num. . because mr. richard talbot had discharged himselfe of the government of barwicke , the lords in parliament earnestly intreated sir walter creake to take upon him the custody of barwicke , and to certifie the lords within a short time , how many men at armes and archers would suffice to guard it , and whether he would accept of the charge or not ; and if not , they would provide another . num. . a commission is granted to master thomas wake and others to muster the horse and foot arrayed for this expedition in yorkeshire and the other counties , and to conduct them towards newcastle . num. . it is accorded and assented , that writs shall be made to the arrayers of the men of armes , hoblers , and archers , in the country of oxford , for the guarding of the sea , for the prior and canons of burnacester , to surcease their demand which they made to the said prior and canons to finde a man at armes and two archers to make such a guard at portsmouth and also for the payment of certaine moneys for this cause , untill they have other command from the king ; by reason that the prelates and other great men in the parliament are informed , that all the possessions of their house will hardly suffice for their sustenance , and that they cannot finde such charge without very great oppression of them and their house . ; loe here in these two parliaments ( the rols whereof i have recited more largely , because rare and memorable ) all businesses concerning the warres , militia and array both by land and sea , were particularly consulted of , ordered , and determined in and by the parliament onely ; in a farre more ample manner then this present parliament at first petitioned , desired they should have been ordered and setled now . in the parliament rolls e. . num. . certaine men are appointed to guard the islands and sea-coasts against the enemies . num. . the lord mowbray is appointed keeper of the town of barwick● . num. . . . &c. commissions of array in severall counties are made by parliament to the earle of angoyes and others , for defence of the kingdome . in the parliament of e. . num. . a commission is granted in parliament to the lord percy and others , to appoint able persons for defence of the marches of the east-riding . in the parliament roll of r. . num. . because that the lands of gascoigne , ireland , the seigniory of artoyes , and the marches of scotland are in perill to be lost through default of good officers , the commons petition , that it would please the lords to ordaine good and sufficient ministers , which may be sent to governe in the same lands in the most hasty manner that may be , by reason of the great need that requires it . and that all the chiefe guardians of the ports and castles upon the sea , as dover , bannburgh , carlile , and other marches , may be put in the forme aforesaid : and that these guardians of the castles and keyes of the realme may be sufficient men , who may forfeit their inheritance if any mischiefe shall happen by reason of them , which god forbid . and that in all other , sufficient persons of your leiges be placed who may forfeit in the same manner for the salvation of the realme . to which the king answers . the king willeth it , and will doe that which shall belong to him by the advise of the lords of his continuall councell . in r. . rot. parliament . num. . the admiralty is disposed of by the parliament : and num. . a schedule of orders for the defence of the north sea , is confirmed by the parliament . in the parliament of & h. . num. . the parliament gave power to the merchants to name two meet persons to be admirals , to guard the seas . in the parliament rolls of r. . pars . num. . the commons supplicate , how the enemies of france , with great armies , and many vessels of warre have been continually , and yet are in the northerne parts , and namely about the coasts of scarburrough , which towne is dangerously seated upon the sea , open to the assaults of the said enemies , and that the people of the said towne had within two yeeres last past paid above one thousand pound ransome to the said enemies , and yet were destroyed and carried prisoners into boloigne and other places , where they were yet kept prisoners , and that the towne was upon the point to be burned and destroyed , and all the coast about it in short time , if hasty remedy were not provided . that therefore it would please the king and his most sage councell , considering the great dammages and perils the said towne and coasts about it had sustained , and were yet apparently like to sustaine , to ordaine and assigne certaine vessels of warre upon the said coasts , to guard them against the malice and power of the said enemies ; and that during the warres , for saving of the said towne , and the kings castle there situate , and all the country about i● . the answer is : this matter is in part touched by the merchants of the said coast which are at this parliament , and by their advise and others who are to passe their merchandize in these marches by sea , remedy hath beene ordained in such sort as the earle of northumber land and the major of london , who were assigned in parliament to treat of this businesse know more fully to declare . in the parliament of r. . pars . num. . the bishop of norwich offered before the king and lords , that if the king would grant him the quindisme and disme of the laity and clergy ; and the pound and shillings on the tonne of wine , lately granted to the king for the safeguard of the sea ; that he would within daies after the receipt of the last payment , transport into france archers well armed and mounted for the ayd of gaunt ; and would defray all the charges of shipping them : and that if he might have the attendance of the west-admirall , he would finde on the sea for the safeguard of it , betweene this and michaelmas next , ten great ships , and ten b●rges armed ; in which besides marriners necessary , he would finde at least fighting men for the said terme . in the parliament of r. . num. . it is to be remembred , that the commons said in full parliament , that if a treaty of peace or truce should be entertained betweene their lord the king and his adversary of france , that they thought it expedient and necessary , if it should please the king , that mounseur de guyen , because he is the most suffi●ient person of the realme shall goe to the same t●eaty . and the king said , that he liked it well , if it pleased the said lord de guy●n : and thereupon mounseur de guyen said , that he would with a very good will travell and doe any thing which might turne to the honour and profit of the king , and of his realme . in the parliament of the h. . num. . the kings grant of the c●stody of the town and castle of calice , the towne of risbanke , the castles of hamures , marke , oye , stangate , bavelingham , and of the castle and dominion of guynes in picardy , to be made to humfrey d●ke of glocester his unkle , in the presence of the lords spirituall and temporall then being in the present parliament , was on the day of october read before them : which being understood , and ma●ure deliberation taken thereupon , the severall reasons of the said lord being heard , it was at last by their assent and consent agreed and ordered , that the said duke should have the custody of the said towne , castles , and premises , to the end of nine yeeres then next ensuing , which charter was subscribed by all the lords there present . in the parliament of h. . num. . procustodia maris , it was enacted : for as much as the king , considering that as well divers his clergy men of this his realm inhabiting nigh the coast of the sea , and others his subjects using the trade of merchandises , have been oftentimes grievously imprisoned , distressed , put to great sufferances and ransomes ; and their ships , vessels , and merchandises of great value taken upon the sea by his enemies ; and also merchant strangers , being under his leageance , amity , safegard , or safe conduct upon the sea , have been robbed and spoyled , against the forme and contents of such truces , and safe conducts signed ; his highnesse willing and intending sufficiently to provi●e for the remedy of such inconveniences ▪ and to eschew and avoyd all such 〈◊〉 and dispoylers , hath by the advice and assent of the lords spirituall and temporall in his high court of parliament ass●mbled , de●i●ed certaine great lords of this re●lme , that is to say , richard earle of salisbury , iohn earle of shrewsbury , iohn earle of worcester , iames earle of wiltshire , and iohn lord sturton with great navies of ships and people defensible in great number purveyed of abiliments of warre , to intend with all diligence to their possibility the safeguard and keeping of the sea. for which cause the subsidies of tonnage and poundage granted to the king for his naturall life this parliament , that they might be applied to such uses and intent as they be granted the king by the advice and assent of the lords spirituall and temporall , and commons in this parliament assembled , and by authority of the same , were granted to the said earles and lord sturton , and the survivers of them for three whole yeeres ; with power for them to appoint collectors to receive and collect them in every port , without rendering , any account ; so as they kept the covenants and endentures made between the king and them for the safegard of the seas ; with a proviso , that this act during the three yeeres should not : be prejudiciall to the custome of the towne or castle of calice or rishbanke , for the payment of the wages and arreares of the souldiers there . and over that , if the goods of any of the kings liege-people , or any of his friends , be found in any vessell of the kings enemies without any safe conduct , that then the said earles and the lord sturton shall take and depart it among them and their retinue without any impeachment , according to the statute thereupon made . in the parliament of h. . num. . the said lords were discharged of the custody of the sea by the parliament , in these words : for as much as the earles of salisbury , shrewsbury , and worcester , and the lord sturton besought the kings highnesse in this present parliament , that it might like his highnes and excellency of his noble grace to have them clearely discharged of the keeping of the sea , the king therefore and for other causes moving his highnesse , by the advice of the lords spirituall and temporall in the said parliament assembled the day of iuly , the day of the same parliament , admitted their desire , and would that the said earles and lord sturton , or any other that had the keeping of the sea by an act made in the last parliament begun and holden at redding , and ended at westminster , be 〈◊〉 the day of july fully discharged of the keeping of the same , and that it should beena cted of record . in the parliament of h. . num. . the king by the advice of the lords spirituall and temporall , and commons in this parliament assembled , and by authority thereof , ordained and established , that his dearest cosin richard duke of yorke rightfull heire to the countries of england and france , and of the lordship and land of ireland , have and take upon him the power and labour to ride into the parts of england , and wales , where great rebellions , murders , riots , spoylings , executions , and oppressions be used , committed and attempted , to represse , subdue , and appease them . and also to resist the enemies of france and scotland within the realme . and further granted , ordained , and established by the said advice and authority , that every sheriffe , with the power and might of his sheriwicke , and every major , bailiffe , officer , minister , and subject of the said realme of england and of wales , shall attend upon his said cousin for the said intent , as the case shall require ; and to the same intent be ready at the command of his said cousin ; and the same obey and performe , in like case as they ought to doe at his commandement after the course of the lawes of england , and in wales after the custom●s there , &c. and to cite no more presidents in so cleare a case : in the parliament of iacobi ch . . the temporalty having granted three intire subsidies , and three fifteenes and tenths , to king iames , towards the maintenance of the warres that might then suddenly insue upon the breach with spaine , and more particularly for the defence of the realme of england , the securing of ireland , the assurance of the states of the united provinces , with the kings friends and allies ; and for the set●ing forth of the navy-royall : did by that act , for the better disbursing of the said 〈◊〉 and mannaging that warre according to the parliaments true intention , by that very act wherein they gave the subsidies , did especially appoint eight aldermen and other persons of london treasurers to receive and issue the said moneys ; and appointed ten lords and knights ( particularly named in the act ) to be of the kinge councell for the warre ; by whose warrant ( under five of their hands at least ) all the moneys they granted were to be issued and exported , for and towards the uses expressed in the act to such person or persons as the said councell of warre should direct : and that both those treasurers , and this councell of war●e , and all other persons trusted with the receiving , issuing , bestowing and imploying of those moneys or any part thereof , their heires , executors and administrators , should be answerable and accomptable for their doings and proceedings therein to the commons in parliament , when they shall be thereunto required by warrant under the hand of the speaker of the house of commons for the time being ; and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings , doings and proceeding therein ; and that the said commons in parliament shall have power by this act , to heare and determine the said account , and all things thereto appertaining ; and withall they in this act prescribe a specialloath to the treasurers , not to issue out any moneys without the warrant of the councell of war under their hands . and another oath to the councell of warre , to make no warrant for any moneys issued , which are given by this act , but for some of those ends which are expressed therein , and that to the best of their meanes they should imploy the said moneys accordingly ; and that freely without requiring any reward or allowance whatsoever . which presidents with others forementioned , made his majesty return this * answer to the petition of the lords and commons touching the articles delivered february . . for the securing you from all dangers or jealousies of any ; his majesty will be content to put in all the places both of forts and militia , in the severall counties , such persons as both houses of parliament shall either approve or recommend unto him ; so that you declare before unto his majesty the names of the persons whom you approve or recommend ; unlesse such persons shall be named against whom he shall have just and unquestionable exception . and thus much by way of supplement touching the militia . concerning the parliaments interest and right in electing and removing the officers of the realme , and the kings meniall servants , i shall onely adde these precedents to the * forementioned . in the parliament rolls ● e. . n●m . . foure bishops , foure earles , and foure barons were assigned to the king , without whose consent , or of foure of them , no great businesse was to be transacted . e. . num. . in the parliament rolls , the parliament agreeth , that the duke of cornwall be custos of england during the kings absence in the warres of france . in the parliament rolls of r. . num. . & . the commons requested first , that it would please the king to ordaine , and nominate to them now in this present parliament , some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the king and of the realme , and to have the officers of the king of such persons who best knew , and would and might most diligently travell for the redresse of the foresaid mischiefes , and the good government and salvation of the realme , so that the commons may be clearely ascertained of the names of those counsellors which shall be disbursers and orderers of that which they shall grant for the warres , and thereby to have greater encouragement to doe to our lord the king that which they have in charge concerning him , as is aforesaid . also that it would please them to ordaine and nominate in this parliament the persons which shall be about ( or have the custody ) of the person of our lord the king himselfe , who is of such tender age , and that those persons shall be of the most vertuous , honestest , and sufficientest of the realm ; so that our said lord , who is a person sacred and anointed , be nobly governed , and brought up in good vertues and manners to the pleasure of god , whereby all the realme may be secured and amended ; and that it be likewise or●dained , that our lord the king and ●is house be governed with good moderation , and defray his expences onely out of the revenues of the realme , and other rights and seigniories of his crowne . and that all that which shall be granted to our lord the king in maintenance of his wars , shall be applied and expended in the warres , and no part thereof otherwise , in aid and discharge of his said commonaltie . in the parliament of . richard . num. . the commons pray , that no person , of what state or condition he be , should meddle with any manner of governance about the person of our lord the king , nor with the businesses of the realm , nor yet to councell our lord the king , but those lords which are assigned and ordained in this present parliament , if it be not by ordinance of the continuall councell , and by assent of our lord the king , upon grievous paine . and the same lords , which shall bee about the person of our lord the king and of his councell , shall cause to remove all the persons which they think sit to remove in the houshold of our lord the king , without shewing favour to any , and to put others in their places , whom they shall think sufficient and vertuous . and that the said lords of the councell be charged to keep and sustain the estate of our lord the king in ' its regalty , and to doe and use that which may turne to the honour and profit of our lord the king and of his realme to their power , according to the form of the o●●h contained in a schedule made in this present parliament annexed hereunto ; to the intent that it may be notoriously known thorowout all the realme , that good and sufficient councell is about the person of our lord the king , to the comfort of all his commons , and firme assurance and establishme●t of the realme aforesaid ; the which oath was made in forme ensuing . you shall swear , that you will not assent , nor yet suffer , as much as in you lieth , that any judgement , 〈◊〉 , or ordinance made or given in this present parliament be any way annulled , reversed , or repealed in any time to come ; and moreover , that you shall keep the good laws and usages of the realme afore these times made and used ; and shall firmely keep , and cause to be kept , good peace , quiet , and tranquillity in the realm ●according to your power , without disturbing them in any manner . so helpe me god and his saints . the answer . as to the first point of this article , the king wil● it : and as to the second point , if there be any lord of the councell , or other lord of the realme , which will informe the king , that he hath any person about him not sufficient , nor honest , he wils , that it being proved , he shall be outed and removed , and another sufficient , by his advice , put in his place . in the parliament of . henry . num. . upon certain prayers and requests made before by the commons , divers times touching the removing of divers persons , as well aliens and others , by reason of divers destructions by them moved , and for certaine articles appointed by the lords upon the charges given to them by our lord the king in parliament , and by the said lords it was specially accorded , that four persons , to wit , the kings confessor , the abbot of done , master richard derham , and crosseby of the chamber , shall be quite ousted and voided out of the kings house ; whereupon the ninth of february , the said confessor , master richard , and crosseby came before the king and lords in parliament , and there the king in excusing the said four persons said openly , that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold ; notwithstanding our said lord the king well considered , that what the said lords and commons shall do or ordaine , was for the good of him and of his realme , and therefore he would conforme himselfe to their intentions , and did well agree to the said ordinance , which charged the said confessor , master richard , and crosseby to avoid his said court , and like charge should have beene given to the said abbot , had he been present . and our lord the king said further , that he would doe the like with any other which was about his royall person , if he was in hatred or indignation with his people . and numb . . to the end that good and just government and remedy may bee made of divers complaints , grievances , and mischiefs shewed to our lord the king in this parliament ; our lord the king , to the honour of god , and upon the great instances and requests to him divers times made in this parliament by the commons of his realm , for the ease and comfort of all his realme , hath ordained certain lords and others underwritten to be of his great and continuall councell , to wit , the archbishop of canterbury , the bishop of lincolne chancellour of england , the bishops of rochester , winchester , bath , and ba●gor , the duke of yorke , the earles of sommerset and westmerland , the lord roos treasurer of england , the keeper of the great seale , the lord berkley , the lord willoughby , the lord furnevall , the lord lovell , mounsier pierce courtney , master hugh waterton , master iohn cheyne , master arnald savage , iohn northbury , iohn doreward , iohn cawsou . in the parliament of . & . henry . numb . . the . day of may , the commons came before the king and his lords in parliament , and then iohn tibetot , their speaker , reheased , how they had prayed the king in the beginning of the parliament , and after , to increase the number of his councell for the better government of the realme , and prayed the king to put it in execution ; and further rehearsed ▪ how that the archbishop of canterbury had reported to them , that the king would be counselled by the most sage lords of the realme , the which ought to have the survey of all that which shall be done for the good government of this realme , which thing the king agreed to doe and rehearsed with his own mouth , that it was his entire will. and thereupon a bill made by the king himselfe , by his own will was delivered , containing the names of the lords which shall be of his councell , the tenour of which bill ensueth . it is to bee remembred that our lord the king , considering the great labours , occupations , and diligence which he ought necessarily to imploy about the good government of his realme , and other his possessions , as well on this side the sea as beyond it . first of all for the preservation of our lord the king , and of his crowne , and that the revenues of the same may be the better collected to his profit and increase , as much as a man may j●●rly doe , to the end that he may the better sustaine his honourable estate . and secondly , for the confirmation of the lawes and statutes of the realme , to the end that equall right may be done to every one , as well poor as rich ; our lord the king , of his proper and good will , desirous to be supported in the foresaid causes , because that he cannot attend thereunto in proper person so much as he would , for the great love and good affiance which he hath among others , in the most reve●end fathers in god , the archbishop of canterbury , the bishops of winchester and excester , the duke of yorke , the earle of somerset , the lord roos , the lord burnet , the lord lovell , the lord willoughbie , the chancellour , treasurer , and keeper of the privie seale , the steward and chamberlaiue , master hugh waterton , master iohn cheyney , and master arnald savage , hath chosen and charged them to be of his counsell , praying and commanding them , that in all the foresaid causes they will put to their intire diligences for the profit of our said lord the king , and likewise for the confirmation of the laws and statutes aforesaid . in the parliament of . henry . num . . after divers speciall requests of the commons of the realme , being in the present parliament , made to my lord of glocester commissary of the king , and to other lords spirituall and temporall there , for to have notice and conusance of the persons assigned and elected to be of the kings councell , to their great ease and consolation . by advice and assent of all the lords spirituall and temporall aforesaid , were elected and named certaine persons , as well spirituall and temporall , to be councellours assistant to the governance of the realm , whose names here ensue ; the duke of glocester , the archbishop of canterbury , the bishops of london , winchester , norwich , worce●●er , the chancellour , treasurer , and keeper of the privie seale , the duke of excester , the earle of march , the earle of warwick , the earle marshall , the earle of northumberl●nd , the earle of westmerland , the lord cromwell , the lord fitz h●gh , the lord bourchier , the lord scroop , master walter hungerford , master john tiptoff , ●homas chaucer , william allington . in the parliament of . henry . num . . vpon the petition of the commons against divers lords , bishops , knights , esquires , and others , to the number of . who mis-behaved themselves about the royall person of the king , and in other places , by whose only meanes it was suggested , the kings possessions had been greatly diminished , his laws not executed , the peace of the realm not observed , to the great hurt and trouble of the liege people of the realm , and likely subversion of the same , of which misbehaviour , universall noise and clamour was openly received thorowout all the realme , upon the same persons specified in the petition ; all of them , except the lords and some few others , without further evidence against them , were by the king now removed from his presence and court for a whole yeeres space , within which time any man that could and would object against any of them ▪ should be patiently heard and intended to . those few fresh presidents added to the precedent , and to such forraign examples of this nature cited in the appendix , will abundantly cleare the parliaments right and kingdoms interest in nominating , placing , and displacing the great officers of the kingdom ▪ and in regulating the kings own meniall servants in some cases , when they either corrupt or mis-counsell him . and thus much touching the unhappy differences between the king and parliament , concerning matters of his own royall prerogative . the parliaments right and iurisdiction to impose taxes and contributions on the subjects for the necessary defence of the realm , laws , liberties without the king , in case of the kings wilfull absence from , and taking up arms against the parliament and kingdom , briefly vindicated from the calumnies against it . the severall grand objections of consequence made by the king and others against the parliaments pretended usurpations upon the just rights and prerogatives of the crowne , being fully examined and refuted in the premises , so far ( i hope ) as to satisfie all ingenuous men , in point of divinity , policy , law , reason , conscience . i shall next proceed to the remaining materiall accusations which concerne the subjects onely , in regard of property and liberty : wherein i will contract my discourse into a narrow compasse ; partly because the debate of the fore-going differences between the kings prerogative and the parliaments soveraigne jurisdiction , hath in some sort over-ruled the controversies betwixt the subjects and both houses , representing them : partly because these accusations are not so universally insisted on , as the former which concerne the king ; the justnesse of them being generally acknowledged , willingly submitted to by most , except such , who calumniate and traduce them , either out of covetousnesse onely to ●ave their pur●es , or from a groundlesse malignity against the parliament , or out of a consciousnesse of their owne delinquencies , subjecting them to the parliaments impartiall justice , or out of some particular interests which concern them in their gains , honours , preferments , or such who by their restraints for not paying parliamentary assessements , hope to save their purses for the present ; or to gaine favour and preferment by it for the future . if these private sinister ends were once laid by , this second sort of accusations would speedily vanish , especially with men of publike spirits , who prefer the common-weale before their owne particular interests . the first of these cavillatory objections against the parliaments proceedings is , that both houses , without the kings royall assent , have contrary to magna charta , the petition of right , the statutes de tallagio non concedendo , and other acts , by their ordinances onely imposed late taxes on the subjects , amounting to the twentieth part of their estates , and since that monethly or weekly assessements , to maintaine a war against the king ; a grand incroachment on the peoples properties , contrary to all law and iustice. this objection seems very plausible and cordiall to covetous earth-worms , being politikely contrived to court the close-handed niggardly party , by those who are guiltiest in themselves of that they thus object against others . but it will easily receive an answer , as to the parliament , and recoyle with infinite disadvantage on those that make it . first 〈◊〉 an●wer , that the parliament is the absolute soveraigne power within the realme , not subject to , or ob●iged by the letter , or intendment of any laws , being in truth the sole law-maker , and having an absolute soveraignty over the laws themselves ( yea , over magna charta , and all other objected acts ) to repeale , alter , determine and suspend them when there is cause , as is undeniable by its altering the very common law in many cases , by repealing , changing many old statute lawes , and enacting new ones every sessions as there is occasion , for the publike safety and defence . this the practice of all parliaments in all ages ( yea the constant course of all parliaments and assemblies of the estates in all forraigne kingdoms too ) abundantly manifests . the parliament therefore never intended by all or any of these objected acts , to binde its owne hands , but onely the kings and his ministers , with inferiour courts of justice , neither is the parliament within the letter , words , or meaning of them ; therefore not obliged by them . . the king , with his officers , judges , and inferiour courts of justice only are included , and the parliament , is directly excluded out of the very letter and meaning of all these acts ; as is apparent . first in generall , from the occasion of enacting all these laws , which was not any complaints made to the king of any illegall taxes , imprisonments , or proceedings of our parliaments , to the oppression of the people ; but onely the great complaints of the people and parliament against the illegall taxes , impositions , imprisonments , and oppressions of the subject by the king , his officers , judges , and inferiour courts of justice , as all our h●stories , with the prefaces and words of the acts themselves attest ; to redresse which grievances alone th●s● lawes were made by the parliaments and peoples earnest solicitations , much against the kings good will. the parliament then ( who would never solicit them king of a law against , or to restrain it selfe ) being cleare out of the orignall ground and mischiefe of enacting these lawes , and the king , with his ministers , and inferiou● 〈◊〉 is only within them ; they can no way extend to the parliament , but to them alone . . the parliament , 〈◊〉 the making of these acts , hath alwayes constantly enjoyed an absolute right and power , without the least dispute , of gran●ing and imposing on the subj●cts whatsoever taxes , subsidies , aids , confiscations of goods , or restraint of liberty by temporall or perpetuall imprisonment , it thought meet and necessary for the publike defence , safety , and tranquility of the realm , as the severall t●xes , subsidies , and poll-monies granted by them in all ages , the many statutes enjoyning confiscation of lands , goods , corporall punishments , banishments , temporary or perpetuall imprisonments , for divers things not punishable , nor criminall by the common law , or when magna charta , and the ancient statutes in pursuance of it were first enacted , abundantly evidence past all contradiction : none of all which the king himselfe , his officers , judges , or inferiour courts of justice can doe , being restrained by the objected acts. therefore it is altogether irrefragable , that the parliament and houses are neither within the words or intentions of these acts , nor any wayes limited or restrai●ed by them , but left as free in these particulars ( in order to the publike good and safety ) as if those acts had never beene made , though the king , with all other courts , officers , subjects , remaine obliged by them . . this is evident by examination of the particular statutes objected : the first and principall of all the rest is magna charta , cap. . but the very words of this law : not we shall not passe upon him , nor condemne him , but by the lawfull judgement of his peeres , or by the law of the land : we shall deny nor deferre to no man either justice or right , compared with the preface to , and first chapter of it , henry , &c. know ye that we , &c. out of meere and free will , have given and granted to all archbishops , bishops , e●rles barons , and to all free men of this our realm of england , and by this our present charter have confirmed for us and our heirs for evermore , these liberties underwritten , to have and to hold to them , and their heirs , of us and our heirs for evermore , &c. ( together with the whole tenour and title of this charter , and the two last chapters of it ; ) all those customs , and liberties aforesaid which we have granted to be holden within our realme , as much as appertaineth to us and our heirs , we shall observe . and for this our gift and grant of those liberties , &c , our subjects have given us the fifteenth part of all their moveables : and we have granted to them on the other part , that neither , we nor our heirs shall procure or doe any thing , whereby the liberties in this charter contained shall be infringed or broken ; we confirme and make strong all the same for us and our heirs perpetually . ( not the parliament ) all these , i say , infallibly demonstrate , that this statute of magna charta , did never extend unto the parliament to restraine its hands or power , but onely to the king , his heirs , officers , courts of justice , and particular subjects . so that the parliaments imprisoning of malignants , imposing taxes for the necessary defence of the realm , and seizing mens goods , or imprisoning their persons for non-payment of it , is no wayes within the words or intent of magna charta , as royallists and malignants ignorantly clamour ; but the kings , his officers , councellours , and cavall●ers proceedings of this nature are cleerly most direct violations of this law. and that which puts this past dispute are the severall statutes of . edward . cap. . statute . . edward . cap. . edward . cap. . . edward . cap. . . richard . cap. . and the petition of right it self , all which expresly resolve , that this very objected law of magna charta , extends onely to the king himselfe , his privy councell , iudges , iustices , officers , and inferiour courts of iustice , but not unto the supream court of parliament , which no man ( for ought i finde ) ever yet held , to be absolutely obliged by it , before the kings late recesse from parliament . the next statute is that of . edward . cap. . no tallage nor aid shall be taken or leavied by us and our heirs ( not the parliament ) in our realme , without the good will and assent of the archbishops , bishops , earls , barons , knights , burgesses , and other free men of the land ; which the statute of * . edward . thus explains , but by the common consent of the realme . the statute of . edward . cap. . and statute . cap . thus , if it be not by common consent of the prelates , earles , barons , and other great men and commons of our said realme of england , and that in parliament . the statute of . edward the third , cap. . thus . if it be not by common consent and grant in parliament . the statute of . edward the third , cap. . thus , that no subsidie nor other charge be set nor granted upon the woolls by the merchants , nor by none other from henceforth without the assent of the parliament . the statute of . edward . cap. . thus , it is accorded and stablished , that no imposition or charge shall be put upon woolls , woollsels , or leather , other then the custome and subsidie granted to the king , without the assent of the parliament , and if any be , it shall be repealed and holden for none . and the petition of right , . caroli , thus , by which statutes , and other good statutes of this realm , your subjects have inherited this freedom , that they should not be compelled to contribute any taxe , tallage , custome , aid● , or other like charge , not set by common consent in parliament . now it is as evident as the noonday sunshine , that these acts onely extend to the king , his heirs , councell , officers , inferiour courts , and private subjects onely , and that the parliament is precisely excepted out of the very intent and letter of them all , having free power to impose on the subjects what aids , taxes , tallages , customes , and subsidies the shall deem meet ▪ by the expresse provision of all these laws , concerning the granting and imposing of subsidies , therefore by the direct resolution of these acts , the kings , his councellors present contributions , assessements , and ransoms imposed on the subjects are illegall , against the letter and provision of all these acts ; but the parliaments and houses lawfull , approved and confirmed by them . true , will royallists and malignants answer ( who have no other evasion left but this ) if the king were present in parliament , and consenting to these contributions and taxes of the twentieth part , there were no doubt of what you alleage ; but because the king is absent , and not only disassents to , but prohibits the payment of this or any parliamentary assessements by his proclamations , therefore they are illegall and against these laws . to which i answer , first , that the king by his oath , duty , the ancient custom and law of the land ought of right to be alwayes present with his parliament ( as he is now in point of law ) and not to depart from it but in cases of urgent necessity with the houses free consents , and then must leave * commissoners , or a deputy to supply his absence . this is not onely confessed , but proved by a booke lately printed at oxford . ( with the kings approbation or permission ) intituled , no parliament without a king , pag. . to . where by sundry presidents in all kings reignes it is manifested , that kings were , and ought to be present in their parliaments , which i have * formerly cleared . if then the king , contrary to these presidents , his oath , duty , the laws and customs of the realme , the practice of all his progenitors , the rules of nature ( which prohibit the head to separate it selfe from the body ) and will ( through the advice of malignant councellours ) withdraw himselfe from his parliament ; yea , from such a parliament as himselfe by a spceiall act hath made in some sort perpetuall , at the houses pleasure ; and raise an army of papists , delinquents , malignants , and such like against it , and that purposely to dissolve it , contrary to this very law of his for its continuance : why this illegall tor●ious act of his ( paralleld in no age ) should nullifie the parliament , or any way invalid its imposicions or proceedings , for their own , the kingdoms , peoples , and religions preservation ( all now indangered ) transcends any reasonable mans capacity to apprehend . the right and power of granting , imposing , assenting unto ass●ssements , taxes , suosi●i●s , and such like publique charges in parliament , for the publique safety , rests wholly in the commons and lords , not king ; and is their owne free act alone , depending no waies on the kings assent , nor necessarily requiring his personall presence in parliament . this is evident : first by the expresse letter of the forecited acts ; no subsidy , tax , ayde , talleage , or custome shall be set , granted , taken or leavied , but by common consent and grant of the prelates , earles , barons , knights , burgesses , and other free men of the realme in parliament ; or without the assent of the parliament : so that their * grant and assent i● parliament , ( not the kings ) is the onely thing that makes them legall and binding to the subject . now both houses have granted , ordered , and assented to this assessement , exceeding not the twentieth part of mens estates ; and given order for the leavying of it , and that for the parliaments , kingdomes , religions , necessary defence and preservation . therefore it is obligatory and legall , though the king himselfe consent not , or disassent thereto , ( especially as the present condition of things stands ) even by the very letter of these acts . secondly , this is apparent by the letter of all our publique acts , for the granting of subsidies , ayds , tenths , fifteenes , taxes , customes , tonnage , poundage , or any such like impositions in and by parliament , either by the temporalty or clergy : which acts runne usually in this manner . * the commons of this realme have granted for defence of the said realme ▪ and especially for the safegard and custody of the sea , a subsidy , a subsidie called tonnage , &c. * the prelates , earles , barons , and all the commons of the realme willingly and with one assent have granted the ninth lambe , ninth sheafe , and ninth fleece , &c. and of cities and burroughs the ninth part of all their goods and cha●●●ls ▪ &c. in aide of the good keeping the realme as well by land as by sea , &c. * we your p●ore commons desire your excellent majesty willingly to accept and receive these our poore grants hereafter following , as granted of free hearts and good wils , as the first-fruits of our good wils and hearts , &c. by the advice and assent of the lords spirituall and temporall , give & grant , for the defence of your realm , and the keeping and safegard of the seas , &c. one subsidy called tonnage , &c. * the prelates and clergy , &c. as a speciall and significant testimony of their loyall affection , &c. with one affection and uniforme consent have given & granted foure whole and intire subsidies . * we your commons assembled in your high court of parliament , humbly present your majesty with the free & cheerfull gift of two intire subsidies , &c. all subsidies and taxes then being the free gift of the commons , clergy and p●eres in parliament , and that onely for the defence of the kingdome by sea and land ; it is infallible , that they do , may and can oblige themselves , and those they represent , to pay such publike taxes , to this end , without the kings concurrence . thirdly , this is cleare by considering , that the commons and lords in parliament have alwaies had : . and absolute right and power to grant or deny taxes , subsidies , aydes and assistance as they saw occassion . * . to proportion the aydes and subsidies granted . . to limit the certaine manner , waies , and times of paying and levying them ; and the persons who shall either pay , assesse , collect , receive , or disburse them . . the ends and uses to which they should be imployed when leavied , debarring the king oft times ( when they saw cause ) of any power at all to receive or dispose of them , appointing collectors , and treasurers of their owne to receive and issue them out againe , by the advice and directions of these , as themselves prescribed ; for which i shall give you some few instances of note in lieu of many more , that might be remembred . * anno . being the yeere of henry the third , the parliament after many contestations with the king for his fraud , oppressions , favouring of aliens , &c. to the kingdomes detriment ; the king by oath pr●m●sing amendment , granted unto him the thirtieth part of all their moveables ( excepting ready money , horse , and armour , ) to be imployed for the common wealth , and benefit of the realme ; with this condition often annexed , that the king should leave the counsell of aliens , and onely use that of his naturall subjects . and for more security it was ordained , that foure knights of every shiere , and one clerke of the kings in every severall shiere , shall upon their o●thes collect , receive and deliver the said subsidy either into some abbey or castle , to be safely reserved there , and disposed of for the benefit of the king and kingdome , by the view and counsell of the earle warren or others , when there should be need : or otherwise if the king f●iled in performance of his promises and grants , it ought to be faithfully restored and distributed to the country whence it was collected . * in the . yeere of king edward the . anno . the parliament ( not daring to trust this prodigall mis-counselled king with moneys ) instead of subsides , granted him an aide of armed men against the scots : london set forth . canturbury . saint albanes . and so all other burroughs and cities according to their proportion , whereby a great army was leavied . the parliaments of e. . c. . . stat. . & stat. . c. . . e. . parliament & . ( forecited at large , part . . p. . . ) h. . num. . iac. c. . particularly direct how the subsidies granted shall be disposed of by certaine nobles and others , whom they nominate , and appoint treasurers to receive and issue them to the ends for which they granted them , prescribing them an oath to issue none of them to other purposes , or in any other maner then they prescribed . yea the acts of former parliaments , and this present concerning tonnage . poundage , polemoney , and subsidies , frequently do the like . therefore the granting and disposing of those taxes , aydes , subsidies rests wholly in the commons , and lords ; and no waies on the king , who commonly desires the parliament to great them . fourthly , this is further evidenced , by the kings usuall answer and assent unto such bills as these : * le roy remercy ses loaulx subjects accept lour benevolence , & auxy le v●ult ; taking it wholly as a free grant from them ; which assent in this case is rather formall then substantiall , it being the commons and lords owne consent only to bils of this nature , not the kings , that make the taxes and impositions binding as the forecited statutes , the petition of right caroli ; * fortescue , and our lawbookes resolve , and i have elsewhere manifested more at large . therefore the want of the kings assent , or disassent to the parliaments present ass●ssement for the kingdomes necessary defence in the present extremity ( when the king not onely wilfully absents himselfe from , but hath raised armes against the parliament ) is not materiall nor simply necessary in point of law , though usually requisite and necessary for formality sake , at other seasons , to compleat such acts ; since sepenumero necessitas vincit legem , & quod necessarium est , lici●um est ( as this assessement now is ) though all formalities be not punctually observed ; as is resolved in dormers case . cooke l. . f. . b. fiftly , it is undeniable , that the knights , citizens , burgesses , and commons in parliament , elected by the suffrages of the severall counties , cities , and burroughs of england , do * really and legally represent all the commons ; and the lords and they the whole realm , and all the people of england : so that what ever tax is imposed and assented to by them , or by both houses onely without the king ( who represents no man but himselfe alone ) is in point of law imposed and assented to by all the commons , and whole realm of england , ( as the recitals in all our statutes , and law-bookes resolve ) though the king assent not to it , if therefore ( as our * law-books clearely resolve without dispute , and the experience of all corporations , parishes , and mannors evidenceth past contradiction ) all ordinances and bylaws made for the common good of corporations , parishioners , tenants of a mannor , and the like , by all or the greater part of the corporations , parishioners . tenants , and taxes imposed by them for the common good ( as repairing of churches , high-waies , bridges , reliefe of the poore , and the like ) shall binde the rest : even in point of law , without the kings assent . then by the same , or better reason , the imposi●ions and taxes now laid upon the subjects by the assent and ordinances of both houses of parliament , representing the whole commons and realme of england ( who actually assent likewise to these taxes and assessements in and by them ) must and ought in point of law to oblige all the subjects in this case of necessity , ( at least ▪ as long as the parliament continues sitting , and this their representation of them remains entire ; ) especially being for the necessary defence of the parliament , kingdome , religion , all our lives , estates , liberties , lawes , against an invading army of papists and malignants , in a case of extraordinary extremley . this i shall further cleare by some ancient and late judgements in point . m●ch . . ed. . rot . . in the kings bench william heyb●rne brought an action of trespasse against william keylow , * for entering his house and breaking his chests , and taking away pounds in money ; the defendant pleading , not guilty , the jury ●ound a speciall verdict : that the scots having entred the bishopricke of durham with an army , and making great burning and spoyles , thereupon the commonalty of durham , whereof the plantiffe was one , met together at durham , and agreed to send some to compound with them for a certaine summe of money to depart the country and were all sworne to performe what compositions should be made , and to performe what ordinance they should make in that behalfe ; and that thereupon they compounded with the scots for ma●kes . but because that was to be paid immediately , they all consented , that william keylow the defendant and others , should goe into every mans house to search what ready money was there , and to take it for the raising of that summe and that it should be suddenly repaid by the communalty of durham : and that thereupon the defendant did enter into the plaintiffs house , and broke open the chest , and tooke the seventy pounds , which was paid accordingly towards that composition . and upon a writ of error in the kings bench , it was adjudged for the defendant against the plaintiffe , that the action did not lie , because he himselfe had agreed to this ordinance , and was sworne to performe it , and that the defendant did nothing but what he assented to by oath ; and therefore is accounted to doe nothing but by his consent , as a servant to him and the commonalty of durham therefore he was no tresp●sser . ; which case was agreed for good law by all the iudges , in the late case of ship-money argued in the exchequer chamber ; though neither king nor parliament consented to this taxe or composition . this is the parliaments present case in effect : the king having raised an army of papists , delinquents , forraigners , irish rebels , disaffected persons , and actually invading the kingdom and parliament with it ; hereupon the parliament were inforced to raise an army to defend themselves and the realm against these invasions ; for maintenance where of , they at first made use onely of voluntary contributions and supplies ; proceeding onely from the liberality of some private persons , best affected to the publike service ; which being xehausted , the lords and commons considering what a solemne covenant and protestation themselves had made and taken , and the subjects likewise throwout the realm , to maintain and defend , as farre as lawfully they might with their lives , power and estates , the true reformed prote●tant r●ligion . &c. as also the power and priviledges of parliament , the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall do in the lawfull pursuance of the sam , &c. as in the protestation ( made by both houses consents when fullest : ) and considering that the whole commons and kingdoms assents were legally and actually included in what they assented in parliament , for the necessary defence of the realm , the subjects , parliaments priviledges , rights , and the reformed religion ( all actually invaded , endangered ) by an ordinance of both houses , without the kings consent ( then absent from , and in open hostilitie against them ) impose a generall assessement upon all the subjects , not exceeding the twentieth part of their estates ; and for non-payment prescribe a distresse , &c. why , this assessement in this case of necessitie , being thus made by assent of both houses ( and so of all the kingdom in them ) in pursuance of this protestation , should not as legally , yea more justly oblige every particular subject , though the king assented not thereto , as well as that agreement of the men of durham , did oblige them even in point of law , justice , conscience , transcends my capacitie to apprehend : and if the first case be law , as all the judges then , and of late affirmed , the latter questionlesse must be much more legall , and without exceptions , a m. . and . eliz. in the kings bench , in the chamberlain of londons case , it was adjudged , that an ordinance made by the common councell of london only , that all clothes should be brought to blackwell-hall , to be there veiwed , searched , and measured , before they were sold , and that a penny should be paid for every cloth for the officer that did the same , and that six shillings eight pence should be forfeited for every cloth , not brought thither and searched ; was good to binde all within the citie , and that an action of debt would lye at the common law , both for the duty , and forfeiture , because it was for the publike benefit of the city and common-wealth , b m. . eliz. in the common-pleas , it was adjudged in clerks case ; that an ordinance made by assent of the burgesses of saint albanes , whereof the plaintiffe was one for ass●ssing of a certain summe of money upon every inhabitant , for the erecting of courts there ( the terme being then adjourned thither from london , by reason of the plague ) with a penalty to be levyed , by distresse , for non-payment of this tax , was good to bind● all the inhabitants there , because it was for the publike good . c mich. . and . eliz. in the kings bench , william● iefferies case , and pasch. . eliz. pagets case , it was resolved ; that the church-wardens with the greater part of the parishioners assents , may lay a taxe upon all the parishioners , according to the quantitie of their lands and estates , or the number of acres of land they hold ( the taxe there was four pence an acre for marsh-land , and two pence for earable ) for the necessary reparation of the church ; and that this shall binde all the inhabitants , so as they may be libelled against in the spirituall court for non-payment thereof , and no prohibition lieth . the like hath been resolved in sundry other cases . and , by the common-law of england whereby the breach of d sea-walls , the country is , or may be surrounded , every one who hath lands within the levell or danger , which may have benefit , or losse , by the inundation , may and shall be enforced to contribute towards the repair , and making up of the sea-walls , and a reasonable tax assessed by a iury , or the major-part shall binde all the rest , because it is both for their own private , and the common good . if the law be thus unquestionably adjudged in all these cases , without the kings assent , then much more must this assessement imposed by both houses be obligatory , in point of law and justice , though the king consented not thereto , since the houses , and whole kingdom consented to it , for their own defence and preservation . sixthly , this is a dutie inseparably incident by the fundamentall law , and originall compact of every kingdom , citie , corporation , company or fraternitie of men in the world ; that every member of them should contribute proportionably upon all occasions ( especially in cases of imminent danger ) toward the necessary charges , defence , and preservation of that kingdom , citie , corporation , company , or fraternitie , of which he is a member , without which contribution , they could be neither a kingdom , citie , corporation , company , fraternitie , or have any continuance , or subsistence at all ; which contributions are assessed by parliaments in kingdoms , by the aldermen , or common-councell in cities , by the master and assistants in fraternities , and what the major part concludes , still bindes the residue , and the dissent of some ( though the major , or master of the company be one ) shall be no obstacle to the rest . this all our acts concerning subsidies , aydes , tonnage and poundage the daily practice and constant experience of every kingdom , citie , corporation , company , fraternitie in the world , manifests past all contradictions ; which being an indubitable veritie , i think no reasonable man can produce the least shadow of law or reason , why the parliament representing the whole body of the kingdom , and being the supream power , counsell , in the realm ; bound both in dutie and conscience , to provide for its securitie , may not in this case of extremitie legally impose this necessary tax , for their own , the kingdoms , subjects , laws , religions preservations ( of which they are the proper judges , gardians ) and should not rather be credited herein then a private cabinet court-counsell of persons disaffected to the republike , who impose now farre greater taxes on the subjects , and plunder , spoyl , destroy them every where directly against the law , of purpose to ruine both parliament , kingdom , religion , laws , liberties , and posteritie . seventhly , it is confessed by all , that if the king be an infunt , non-compos absent in forraign remote parts , or detained prisoner by an enemy , that the kingdom or parliament in all such cases , may without the kings actuall , personall assent , create a protector or regent of their own election , and not onely make laws , but grant subsidies , impose taxes , and raise forces for the kingdoms necessary defence , as sundry domestick and forraign presidents in the preceding e parts , and appendix , evidence ; and f hugo grotius , g iunius brutus , with other lawyers acknowledge as a thing beyond all dispute . nay , if the king be of full age , and within the realm , if a forraign enemy come to invade it , and the king neglect or refuse to set out a navy , or raise any forces to resist them , the lords and commons in such a case of extremitie may , ( and are bound in law and conscience so to do ) for their own , and the kingdoms preservation , not onely in and by parliament , but without any parliament at all ( if it cannot be conveniently summoned ) lawfully raise forces by sea and land , to encounter the enemies , and impose taxes and contributions to this purpose on all the subjects by common consent , with clauses of distresse and imprisonment in case of refusall , as i have elsewhere proved . and if in case of invasion , even by the common-law of the realm , any captains or souldiers may lawfully enter into another mans ground and there encamp , muster , or build forts to resist the enemy , or pull down the suburbs of a citie , to preserve the citie it self , when in danger to be fired or assaulted by an enemy , without the speciall consent of king , parliament , or the owners of the lands , or houses , without h trespasse or offence , because it is for the publike safetie , as our law books resolve ; then much more may both houses of parliament , when the king hath through the advice of ill councellors wilfully deserted them , refused to return to them , and raised an army of papists and malignants against them and the realm ( now miserably sacked and wasted by them , as bad as by any forraign enemies ) both take up arms , raise an army , and impose assessements and contributions by ordinances , unanimously voted by them , against which no lover of his country , or religion , no nor yet the greatest royallist , or malignant , can with the least shadow of law or reason , justly except . eightly , if they shall now demand what presidents there are for this ? i answer : first , that the parliament being the soveraign power and counsell in the realm , is not tyed to any presidents , but hath power to make new presidents , as well as new laws , in new cases and mischiefs ; where there are no old presidents , or vary from them though there be ancient ones , if better and fitter presidents may be made ; as every * court of justice likewise hath power to give new judgements , and make new presidents in new cases , and may sometimes swerve from old presidents , where there were no ancient presidents to guide them ; even as physitians invent new medicines , chyrurgions new emplaisters for new diseases , ulcers , or where old medicines and balsomes , are inconvenient , or not so proper as new ones . and as men and women daily invent and use new fashions at their pleasure , & tradesmen new manifactures without licence of king or a parliament , because they deem them better or more comely then the old . secondly , i might demand of them , by what old domestick lawfull presidents , his majestis departure from the parliament , his levying warre against it , his proclaiming many members of it , l traytors , and now all of them traytors and no parliament ; his unvoting of their votes in parliament , out of parliament ; his imposing of taxes and contributions in all countries where his forces are , beyond mens estates , and annuall revenues ; his burning , sacking , pillaging , murdering , ruining , of his own kingdom , subjects , both by sea and land , and putting them out of his regall protection ; his raising of an a●my of english , irish , scottish , french , and germane papists to maintain and settle the protestant religion among us , ( which they have plotted totally to extirpat ; as appears by their proceedings in ireland , england , and the late plot discovered among the archbishops papers ) and the like , are warranted ? ( which questions i doubt would put them to a non-plus , and silence them for eternitie : ) yet to satisfie their importunitie , and stop their clamorous mouthes ; i shall furnish them in brief , with some presidents in point in all states , and kingdoms of note informer in latter times , and in our own realm too ; in all the civill warres between kings and subjects , in the romane and germane empires , france , spain , aragon , castile , hungary , bohemia , poland , denmark , scotland , and other kingdoms mentioned in the appendix ; they shall finde that the generall assemblies of these states , lords & commons , without their emperors or kings assents , did both raise forces , impose taxes , yea , and seise on the imperiall and royall revenues of the crown to support their wars , against their tyrannicall oppressing princes . in * flaunders heretofore , and the low-countries of late yeers , th●y have constantly done the like ; as their excises long since imposed , and yet on foot by common consent ( without the king of the spains good liking ) to preserve their liberties , religion , estates , from the spanish tyranny , witnesse ; which every one willingly at the very first imposition , and ever since hath readily submitted to , being for the publike preservation . the like hath been done in former ages , and within these five yeers in the realm of scotland ; the same is now practised even without a parliament by the popish rebels both in ireland and england , who have laid taxes upon * all ireland , and all the romanists in england , for the maintenance of this present rebellion ; and yet neither king , nor his counsell , nor royallists , nor malignants ( for ought i can read or hear ) have ever so much as once written or spoken one syllable against it , when as many large declarations , proclamations , inhibitions in his majestie●s name , and at least fortie severall pamphlets have been published by malignants against this assessement of the parliament , and the levying , or paying thereof , strictly prohibited under pain of high treason ; such a grand difference is there now put by the royall court-partie ( to the amazement of all intelligent men ) between the irish rebels , ( now the kings best subjects as it seems ) who may do what they please without censure or restraint ; and the english ( now un-parliamented ( parliament , though perpetuated by an act of parliament ) who may do nothing for their own , or the kingdoms safety , but it must be high treason at the least o temporâ ô mores : quis talia fando temp●ret a lachrymis ? adde to this , * that the lords iustices and councell in ireland , the twenty nine of iune , , have without authoriti● of parliament or king , for their present necessary defence , against the popish rebels there , imposed an excise upon most commodities in that realm , here lately printed ; which no man can deem illegall in this case of absolute necessitie . but to come close home unto our selves ; who is there that knows ought in historie and policie , but must needs acknowledg● , that the brittains and saxons warres of this realm , against their oppressing kings , * archigallo , emerian , vortig●rne , sigebert , osred , ethelred , b●ornard , leow●lfe , edwine , ( whom th●y deposed for their tyranny and mis-government ; ) that our barons long-lasting bloody warres against king iohn , henry the third , edward the second , richard the second , and others fore-mentioned ; were maintained by publike assessements and contributions made by common consent , even without a parliament , and with the revenues and rents of the very crown , which they seised on , as well as the castles and forts ? this being a true rule in law , qui sintit commodum , sentir● debet & onus ; all the kingdom had the benefit , of regaining , preserving , establishing their fundamentall charters , laws , liberties , by those warres ; therefore they deemed it just , that all should bear a share in the charge and burthen , by voluntary assessements without king or parliament . during the absence of king edward the third in france ; the a lords and commons in parliament , for the defence of the realm by sea and land , against forraign enemi●s ; granted an ayde of the ninth sheaf , lamb , and fleece , besides many thousand sacks of w●oll , and the ninth part of other mens estates in towns and corporations , and disposed both of the money and militia of the realm , for its defence , as you heard before : the like did they during the minorities of king henry the third , king richard the second , and king henry the sixth , as the premises evidence , without those kings personall assents . b anno dom. . richard king of romans coming with a great navy and army of germans , and forraigners , to ayd his brother , king henry the third , against the barons ; thereupon , the barons sent out a ●leet to encounter them by sea , and prepared a strong army of horse and foot by land , that if they prevailed against them at sea , ( which they fear●d not , ) yet they might valiantly and constantly entertain and repulse them , on the shore and dry land ; which the king of romans being informed off , disbanded his forces , and came over privat●ly with three knights onely attending him . this was done without the kings assent , and yet at publike charge . when c king richard the first was taken prisoner by the emperour in his return from the holy land , by authority of the kings mother , and the kings iustices alone ( without a parliament ) it was decreed , that the fourth part of all that yeers rents , and of all the moveables , as well of the clergy , as of the laity , and all the woo●●des of the abbots of the order of the cistersians , and of semphringham , and all the gold and silv●r chalices , and treasure of all churches should be paid in , toward the freeing and ransome of the king ; which was done accordingly . if such a taxe might be imposed by the queen mother , and justices onely , without a parliament , for ransoming the king alone from imprisonment , may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the subjects by an ordinance of both houses in parliament without the king , for the defence and perservation , both of the parliament and kingdom to , when hostily invaded by the king ? in few words , the king and his councell , yea his very commanders ▪ ( without his speciall commission or advice ) have in many countries imposed large monethly , weekly contributions and assessements on the people , beyond their abilities and estates ; yea , upon the very speaker and members of the commons , and lords house , ( notwithstanding their priviledges of parliament , which they say they will maintain ) to the utter impoverishing , and ruining of the country ; yea , they have burned , sacked , plundered , many whole towns , cities , counties , and spoiled thousands of all they have , contrary to their very promises , articles , agreements , which they never faithfully observe to any in the least degree ; and all this to ruine the kingdom , people , parliament , and religion ; yet they justifie these their actions , and the parliament , people , must not controule , nor deem them traytors to their country for it : and may not the parliament then more justly impose a moderate in-destructive necessary taxe without the king , for the kingdoms , religions , and peoples defence and preservations , against their barbarous taxes , plunderings , and devastations , then the king , or his commanders , souldiers play such rex , and use such barbarous oppressions without , yea against the parliaments votes and consents ? let them therefore first cease their own most detestable unnaturall , inhumane practises , and extortions of this nature , and condemn themselves , or else for ever clear the parliament , from this unjust aspersion . the last objection against the parliament is , that they have illegally imprisoned , restrained , plundered some malignants , and removed them from their habitations , against magna charta , the fundamentall laws forenamed , and the liberty of the subject , contrary to all presidents in former ages . to which i answer , first , that the objectors and kings party are farre more guilty of this crime , then the parliament , or their partisans , and therefore have no reason to object it , unlesse themselves were more innocent then they are . secondly , for the parliaments imprisoning of men pretended to be against magna charta : i answer first , that the parliament is not with in that or any other law against imprisonments , as i have formerly cleered ; therefore is not obliged by it , nor can offend against it : secondly , that it hath power to imprison , restrain the greatest members of their own houses * , though priviledged men , exmept from all other arrests ; and publike persons representing those that sent them thither : therefore much more may they imprison , or restrain , any other private persons , notwithstanding magna charta . and the parliament being the supreamest iudicaturo paramount all other courts , their commitments can not be legally questioned , determined , nor their prisoners released by habeas corpus , in or by any other inferior court or judicature whatsoever . . the parliament hath power to make new laws for the temporall and perpetuall imprisonment of men , in mischievous cases , where they could not be imprisoned by the common law , or any other act before or since magna charta ; and so against the seeming letter of that law w ch extends not to the parliament ; and what persons they may restrain , imprison by a new enacted law , though not restrainable before by a magna charta , or the common law , without breach of either , they may whiles they sit , in case of publike danger , restrain , imprison , by their own authoritie , without , or before a new law enacted . in how many new cases , by new statutes made since magna charta , the subjects may be lawfully imprisoned , both by judges , justices , majors , constable , and inferiour courts or officers ; whereas they could not be imprisoned by them , by the common law , before these acts , without breach of magna charta , and violating the subjects liberties , you may read in the table of rastals abridgements of statutes , and in ashes tables . title imprisonment , and false-imprisonment ; yea , by the statutes of . h. . cap. . . h. . cap. . . h. . cap. . . eliz. cap. . . and . phil. mary , cap. . . and . cap. . eliz. cap. . with others acts , perpetuall imprisonment , during life , is inflicted in some cases , for which no imprisonment at all could be prescribed before these acts , and for crimes , for which the parties were not formerly punishable ; yet for the publike weale , peace , safety , and prevention of private mischiefs , even against the letter ( as it were ) of the great charter the parliament hath quite taken away all liberty , the benefit of the common law , and of magna charta it self , from parties convicted of such offences , during their naturall lives ; and if they bring an habeas corpus in such cases , pretending their perpetuall imprisonment , and these latter laws to be against magna charta , they shall notwithstanding be remanded and remain prisoners all their dayes , because the parliament is above all laws , statutes , yea magna charta ; and may deprive any delinquents of the benefit of them , yea , alter or repeal them , for the common good , so farre as they see just cause ; though neither the d king , nor his counsell , nor iudges , nor any inferiour officers , or courts of iustice , have any such transcendent power , but the parliament alone , to which all men are parties , really present , and allowing all they do ; and what all assent to , decree for the common good and safetie , must be submitted to by all particular persons , though never so mischievous to them ; this being a fundamentall rule even in law it self e , that the law will rather suffer a private mischief , then a generall inconvenience . seeing then the parliament to prevent publike uproars , sedition , treachery , in or against the kingdom , cities , houses , or counties , where factious persons live , hath thought meet to restrain the most seditious malignants , ( especially these about london and westminster where they sit ) and to commit them to safe custody , till they receive some good assurance of their peaceable behaviour ; they must patiently suffer their private restraints for the common safety , tranquility , till the danger be past , or themselves reformed ; who if they reform not their own malignity , not the parliaments cautelous severity , themselves must be blamed , since they detain themselves prisoners only by not conforming , when as the parliament desires rather to release , then restrain them , if they would be regular ; and so they must blame themselves alone , not clamour against the houses . all leprous persons by the f leviticall and g common law , were to be sequestred and shut up from others , least they should infect them ; and so all persons visited with the plague by late h statute laws may be shut up , without breach of magna charta . why then not malignant , seditious ill affected persons , who infect others in these times of commotion and civill warres , as well as leapers and plague sick persons , removed into pest-houses , for fear of spreading the infection upon the self-same grounds , by the houses authority ? the parliament by an ordinance , act , or sentence , hath power to banish men out of the kingdom in some cases ( which no other court , nor the h king himself can lawfully d● , as was expresly resolved in parliament , upon the making of the s●atute of . eliz. cap. . ) as is evident by the case of thomas of weyland , an. . e. ; of i peirce gav●ston and the two spencers in king edward the second his raign . of the lord k maltravers in edward the third his raign ; of l belknap and divers , over iudges in the and y●ers of richard . his reign , by the statutes of . el. c. . separatists , and of . el. c. . rogues are to be banished : and in m calice heretofo●● , a woman might be justly banished the town for adultery ; and a scould at this day after three convictions is to be banished out of westminster , and rowed over the thames from thence thorough the water at the tayl of a boat , for the quiet of the city . then much more may any private seditious turbulent malignants be justly restrained to some safe places where they may do no harme , till the warres and troubles be ended , or themselves reclaimed . fifthly , by the m common and staetute law of the realm , yea by n magna charta it self , cap. . the lands , rents , goods , and persons of priors , and other aliens , merchants , or others , residing in england may be , and have been usually seized on , and s●cured , or else their persons banished the realm , and lorders of england , during the warres with others of that nation , least they should assist them in the warres with their estates , persons , or intelligences , or betray the kingdom , or places where they resided to the enemy ; and upon this ground by the expresse statutes of . h. . cap. . . . h. . cap. , . . h. . cap. . . h. . cap. . . h. . cap. . the irish , brittains , welshmen , and scots , because we had frequent warre● with them , were not permitted to purchase either houses or lands , or to remain in any fort , town , or city , neer the borders of scotland , or w●l●s , but banished thence , and their goods . and persons , seised on in times of warre , to prevent tr●achery , intelligence , and assistance of the enemy a thing generally practised and warranted in all states and kingdoms , ( as well as in england , ) ●y the very law of nations , as just and necessary in times of warres ; as martinus laudensis de repraesaliis & de bello , henricus ranzovius his commentarius bellicus , geergius obbr●ctus : disput : iuridica de bello , henricus boe●rus de iure pr●gnae , hugo grotius , & albericus gentilis , in their books de iure belli , and all historians evidence : therefore lawfull for the parliament to practise at this present , as well as the king , or any others . sixthly , in times of forraign invasions ▪ the parliament hath enjoyned all inhabitants neer the sea-coasts or marches of scotland and wal●s , to repair to their houses and lands ther● , with all their families , for the d●fence and safetie of the realm , under pain of imprisonment , and confi●cation of their goods , and revenues there , and elsewhere , as is evident by . e. . nu . . parl. . and parl. . n. . . eliz. c. . the * statutes confining papists , to their houses , and sundry other presidents . therefore by like reason they may confine malignants in times of warre , for the publike peace and safetie , and disarme them to for a time ; a , constables may by the law , disarme and imprison peace-breakers , fray-makers , riotors , and others to prevent bloodshed , quarrels , and preserve the publike peace . thirdly , for the plundering of malignants , and sequestring their estates ; i answer , that , i think the parliament never yet approved the plundering ( or in plain english , robbing ) of any man , by any of their forces ; they having plundered no places taken by assault , for ought i hear ; though the kings forces on the contrary , have miserably plundered all the kingdom almost , ( except the papists who are most exempted from this rapine , and some few , chief malignants , ) yea , those very persons , souldiers , cities , towns , which by their very articles of surrender , were not to be plundered ; ( witnesse , taunton , bridgewater , bristol , gainsbo●ow , where many have been pillaged to their naked skins , notwithstanding their ariticles of agreement , solemnely sworn , to depart quietly with bag and baggage , without interruption , and the towns to be free from plunder ) contraty to the very * law of warre , and arms ; which may instruct all others not to trust them henceforth . if any of the parliaments forces have misbehaved themselves in plundering any malignants or disaffected persons , more then by seising , of their arms , distraining their goods for imposed assessements ; or sequestring their plate , moneyes , estates , for the publike service upon promise of repayment and restitution ; i know the houses have publikely , by expresse ordinances , inhibited , disavowed the fact , and exposed the disorderly delinquents to condigne punishments , even to the losse of their lives , if any please to prosecute them by way of inditement or martiall law. for my part i abhorre all violence , plunder , rapine , and disorders in souldiers , as contrary to the law of god , obadiah . to . luke . . and leave those who are guiltie of them to the severest publike justice , as offenders against the o law of nature , of nations , of the land , yea , of warre it self : but god forbid the parliament should be unjustly charged with all the misdemeanours of their souldiers , which they prohibit , detest , censure ; more then the king with all the barbarous rapes , murthers , cruelties , rapines , and monstrous insolencies , which his cavaliers every where perpetrate without punishment or restraint ; especially the blood-thirsty irish popish rebels among them : who having shed so much english protestants blood in ireland , ere they came over hither , of which they vaunt , is such an high dishonour to god , and the english nation , if their own blood be not shed for it by the hand of vengeance here ; that i wonder with what face or spirit , his maj●stie or any english protestant can patiently suffer these irish rebels to shed any more protestant english bloud , or breath in english ayre , who have cut the throats of so many thousand innocent english , both here and elsewhere , and are like to cut all our throats ere long ( as they have designed ) unlesse their throats be first cut by us . but yet for the plundering of such malignants goods , and houses , who are opposite to the whole kingdom and parliament , and will not joyn with them in the common cause , which concerns us all ; as it hath sundry p patterns in the barons warres , against the poictovines and their faction , in henry the third his raign , and after wards against the spensers , in edward the second dayes formerly touched ; so it hath one observeable generall resolution of the whole body of the lords and commons , warranting it in king iohns raign , even then when they all took up armes to enforce him to confirm the great charter it self , which our opposites cry out to be violated by the parliaments moderate s●isures , onely by way of distresse or sequestration : q for the barons , knights , and commons , with their whole army being met together in london , which joyned with them to gain this charter from the king ; sent from thence letters to all the earls , barons and knights throughout england , who seemed ( though but fainedly ) to adhere to the king , exhorting them with this commination ; that as they loved the indemnitie of their goods , and possessions , they should desert a perjured king , and adhearing faithfully to them , should with them inviolably stand , and effectually contend for the liberties and peace of the kingdom ; which if they contemned to do , th●y would with force of arms , and banners displayed , march against them as publike enemies , subvert their castles , burn their houses and edifices , and not cease to destroy their ponds , parkes , and orchards . whereupon all the lords , knights , and people , deserting the king , who had scarce seven knights i● all left with him , confederated themselves to the barons in the common cause . ( wherein to be a neuter , was to be an enemy , and no member of the politicke body , in which all were equally engaged . ) whereupon the king thus deserted by all condescended speedily to their demands , and confirmed the great charter much against his will. a very apt president for these times , which would make the people more unanimous , faithfull , and couragious for the common cause , if but imitated in the commination onely , though never put into actuall execution ; he being unworthy once to enjoy any priviledge of a free-born subject in the kingdom , who will not joyn with the parliament and kingdom , to defend his libertie , and the kingdoms priviledges , in which he hath as great a common share , as those who stand , pay , and fight most for them . it is a good cause r of disfranchising any man out of any citie , corporation or company , and to deprive him of the priviledges of them , if he refuse to contribute towards the common support , defence , or maintenance of them , or joyn in open hostilitie , contributions or suites against them . there is the same and greater reason of the generall citie and corporation of the whole realm , to which we are all most engaged ; and therefore those who refuse to contribute towards the defence and preservation of it , if able ; or by their persons , purses , intelligence , or counsell , give any assistance to the common enemy against it , deserve to be disfranchised out of it , to have no priviledge or protection by it , and to be proceeded against as utter enemies to it , christs rule being here most true , s he that is not with me , is against me ; and he that gathereth not with me , scatter●th abroad . the t common-wealth of which we are members , hath by way of originall contract for mutuall assistance and defence ( seconded by the late protestation and covenant ) a greater interest in our persons , and estates , then we our selves , or the king ; and if we refuse to ayd the republike , of which we are members in times of common danger , with our persons , abilities , goods ; or assist the common enemy with either of them ; we thereby betray our trust and fidelitie , violate our covenants to the republike , and expose our bodies to restraint , our estates to confiscation , for this most unnaturall treachery , and sordid nigguardlinesse ( as well as for treason , fellony , or other more petty injuries against the state , or humane societie , made capitall by the laws ) most justly , for the publike service of the state , which hath a generall soveraign interest in them in all times of need , paramount our private rights , which must alwayes submit to the publike : and lose all our formerly enjoyed priviledges , either of laws , liberties , or free-born subjects , if we refuse to defend , or endeavour to betray them , as the laws and common practise of all nations evidence . in the u barons warres against king iohn , henry the third , and edward the second , in defence of their liberties , and laws , they seised upon the castles , forts , and revenues of the crown , and upon the moneyes , and goods of the x priors aliens , and malignant poictovines , which they imployed in the kingdoms service y eodem tempore castellanus de dovera , richardus de gray , vir fidelis & strenuus , qui ex parte baronum ibidem constituebatur , omnes transeuntes & transituros , diligenter considerabat , cuncta prudenter perscrutando , & invenit non modicum thesaurum paratum , dictis pictaviensibus clanculo deferendum ; qui totus captus est , in castro reseruandus . similiter londini apud novum templum the saurus maximus , de cujus quantitate audientes mirabantur , quem reposuerunt pictavienses memorati , licet contradicentes reniterenter hospitelarii , captus cst ; ad arbitrium regis et baronum in utiles regni usus utiliter exponendus , writes rishanger the continuer of matthew paris ; a good president for the present times : after which the z barons banished all the poictovine malignants , who miscounselled and adhered to the king , out of england , anno ; who anno . were all banished out of london , and other cities , and forts . * an. . the earl marshall having routed john of monmouth his forces ( which assisted king henry the third against the barons ) in wales , he wasted all the said johns villages and edifices , and all things that were his , with sword and fire , and so of a rich man , made him poor and indigent . in the very christmas holy-dayes , there was a grievous warre kindled against the king and his evill counsellors . for richard suard conjoyning other exiles to him , entred the lands of richard earl of cornwall , the kings brother , lying not farre from behull , and burned them , together with the houses , and the corn● , the oxen in the ox-stalls , the horses in the stables , the sheep in the sheep-cots : they likewise burned segrave the native soly of stephen , iusticiar of england , with very sumptuous houses , oxen , and corne ; and likewise brought away many horses of great price , returning thence with spoils , and other things . they likewise burned down a certain village of the bishop of winchesters , not farre from thence , and took away the spoils , with other things there found . but the foresaid warriers had constituted this laudable generall rule among themselves , that they would do no harme to any one , nor hurt any one but the wicked counsellers of the king ▪ by whom they were banished ; and those things that were theirs , they burnt with fire , extirpating their woods , orchards , and such like by the very roots . this they did then de facto ; * de jure , i dare not approve it , though in cases of attaint and felony , the very common law to terrifie others , gives sentence against perjured juries , traytors , and felons , in some cases , that their houses shall be raced to the ground , their woods , parkes , orchards , ponds , cut down and destroyed ; their * meadowes , and pastures , plowed up and defaced , though not so great enemi●s to the state , as evill counsellors . * anno . the forty eight yeers of henry the third his raign ; the king keeping his christmas with the queen , richard king of romans , and many others at london , simon montford the captain of the barons at the same time , preyed upon the goods of these who adheared to the king , and especially those of the queens retinue , brought by her into england , whom they called aliens . among others , some of the barons forces took peter , a burgundian , bishop of hereford , in his cathedrall church , and led him prisoner to the castle of ordeley , and divided his treasure between themselves ; and took divers others of the kings partie prisoners . who thereupon fearing least he should be besieged in the tower by the barons army , by the mediation of timorous men , be made peace with the barons for a time ; promising inviolably to observe the provisions of oxford , that all the kings castles thoroughout england , should be delivered into the custody of the barons ; that all aliens within a certain time should void the realm , except those who should be thought faithfull thereunto by the unanimous consent of the kingdom , and that faithfull and profitable natives of the realm , should thenceforth dispose of the affairs of the kingdoms under the king. but the queen instigated with foeminine malice , contradicted it all she could , wh●ch made the people revile , and cast dirt and stones at her , as she was going to windsore , enforcing her to retire again to the tower. how william long shamp bishop of ely , lord chancellour of england , earl iohn , and others , when they disturbed the peace of the realm , and turned malignants , were apprehended , besieged , imprisoned , excommunicated , and their goods , and castles , seised on by the lords and commons , out of parliament , yea , during the time of king richard the first his absence and captivitie , you may read at large in * roger de hovedon , * holinshed , daniel , and others . why then the lords and commons in parliament may not now much more do the like , ●or their own , and the whole kingdoms safety , i can yet discern no shadow of reason . i will not trouble you with histories , shewing what violent unlawfull courses , kings and people have sometimes used to raise moneyes in times of warre , by sacriledge , rapine , and all manner of indirect means ; i rather wish those presidents , and their occasions , buried in eternall silence , then reduced into practise ; and verily perswade my self , that every ingenuous true born englishman , who hears a reall naturall affection to his countrey , or a christian love to his brethren , the parliament , and religion , will according to his bounden duety , the protestation , and covenant which he hath taken , rather freely contribute his whole estate , if need so require , towards the just defence of his countrey , libertie , religion , and the parliament , against the treacherous conspiracies of the pope , jesuites , forraign catholikes , irish rebels , english papists , and malignants , who have plotted their subvertions , then repine at , or neglect to pay any moderate taxes , which the parliament shall impose , or inforce the houses to any extraordinary wayes of levying moneyes , for want of ordinary voluntary supplyes , to maintain these necessary defensive warres . i shall close up all in a few words . the parliament hath much against their wills , been inforced to this present defensive warre , which they have a most just , and lawfull power to wage and manage ( as i have * elsewhere evidenced ) by the fundamentall laws of the realm , yea , by the law of god , of nature , of nations this warre cannot be maintained without moneyes , the sinews of it ; wherefore when voluntary contributions fail , the houses may by the same laws which enabled them to raise an army without the king , impose necessary taxes for the maintaining of it , during the warres continuance , else their legall power to raise an army for the kingdoms defence , would be fruitlesse , if they might not levy moneyes , to recrute and maintain their army , when raised : which taxes if any refuse to pay , they may for this contempt , be justly imprisoned , as in cases of other sud●idies ; and if any unnaturally warre against their countrey , or by way of intelligence , advise , or contribution , assist the common enemy , or s●duce , or withdraw others ( by a factious slanderous speeches against the power and proceedings of the parliament , ) from assisting the parliament in this kinde , they may for such misdemeanours ( upon conviction ) be justly censured , confined , secured , and their estates sequestred , rather then the republike , parliament , religion , or whole kingdom should miscarry : it is better that one should perish , then all the nation ; being the voyce * of god , nature , and resolution of all laws , nations , republikes , whatsoever . if any hereticall , scismaticall , or vitious persons , which may poyson others with their pernicious false doctrin●s , or vitious wicked lives , appear in the church , they may after admonition , if they repent not , yea , and de facto , are , or ought to be * excommunited , the church , and societie of all faithfull christians , so as none may , or ought to converse with them till their repentance . if this be good law and divinitie in the church ; the banishing and confining of pestilent malignants in times of warre , and danger , must by the self-same reason be good law and divinitie in the state. ●i have now ( by gods assistance ) notwithstanding all distracting interruptions , avocations , remoraes incountring me in this service ; ran through all objections of moment , which the king , or any opposites to this parliament , have hitherto made against their proceedings , or jurisdictions ; and given such full answers to them , as shall , i trust , in the generall , abundantly clear the parliaments authoritie , innocency , integritie , against all their clamarous malignant calumnies , convince their judgements , satisfie their consciences , and put them to everlasting silence , if they will without prejudice or partialitie , seriously ponder all the premises , and ensuing appendix , which i have added for their further satisfaction , information , conviction ; and the confirmation of all forecited domestick laws , presidents , by forraign examples and authorities of all sorts . and if any shall yet continue obstinate and unresolved after so many convincing reasons , presidents , authorities , or still retain an ill opinion of the parliaments proceedings ; i shall desire them onely seriously to consider , the most execrable conspiracy of the pope , jesuites , and popish party in all his majesties three realms to extirpate the protestant religion , subvert the government , parliament , and poyson the king himself , ( if he condescend not to their desires , or crosse them in their purposes , ) whom they have purposely engaged in these warres , still continued by them for this very end , to enforce the king to side with them , and so gain possession of his person , to accomplish this designe of theirs , ( as is cleerly evidenced to all the world , by romes master-peece , the english pope , the declaration of the lords and commons , concerning the rise and progresse of the irish rebellion , ) and then advisedly to consider in what great present danger the kingdom , king , parliament , and religion are , when the popish partie , and forces now in arms have gained the kings , princes , and duke of yorkes persons into their custodie , the cities of chester , and of late bristoll , the keyes of england , with other ports , to let in all the irish rebels upon us , to cut our throats in england , as they have cut above an hundred and fortie thousand of our protestant brethrens throats already in ireland , it being one part of their designe , now presently to be executed , as appears by sundry examinations in the irish remonstrance ; for which end , some thousands of irish rebels ( who have all embrued their hands there in english bloud , ) are already landed here , and are in great favour and command about the king ; to which , if they adde the omnipotent over-ruling power of the queen ( the head of that partie ) with the king , and his councell , in disposing all officers , all places of command and trust under him : the confederacie and contributions of forraign popish states , to maintain this warre to ruine the parliament , kingdom , religion , and re-establish popery in its universall extent ; with the large of progresse the papists have lately made in ireland , scotland , and england , to accomplish this their long-agitated conspiracie ; and the late strange proceedings in ireland , where the best protestants are displaced , disgraced , restrained ; the popish rebels advanced , and a truce negotiated , if not fully concluded with the rebels , to the end that all their forces may be speedily transported hither to ruine our religion , and cut all our throats ( enough to awake the most stupid english spirits , and rouze them , up to a speedy unanimous resolution to unite all their purses , and forces to the parliament , against the popish conspirators , and these bloody butchers now ready to devoure us : ) and then i doubt not , if they have any true love to god , religion , king , countrey , themselves , or their posterities , they will soon change their former opinions and practises against the parliaments just proceedings and joyn hearts , hands , forces , yea , their uttermost endeavours with them , to prevent and ward off that imminent destruction which now hangs over our heads , and will in short time wholly ruine us , if god open not our eyes , and unite not all our hearts and mindes unto the parliament , with one unanimous resolution to oppose these cursed confederates , who have plotted , occasioned all these warres and miseries , under which our kingdomes now groan and languish ; which long plotted treacherie in humane probabilitie can no wayes be prevented , nor a settled peace , and reformation established , but with the totall suppression of the popish partie now in arms , and by rescuing his majesties person , children , forces out of their trayterly hands and power , whose death they have conspired long agoe , if he refuse to grant them an universall open toleration of their antichristian religion , in all his kingdoms , and then to seise upon the prince , and train him up in their religion ; which how easie it is for them to effect , now they have the king , prince , duke , the kings forts , his forces in their power , yea potent armies of their own in the field here , and such a force of irish rebels now ready to be shipped over to chester , milford , and bristoll , for their assistance , and enfor●ement , to over-power the protestant party in the kings armies , no understanding man can withou● fear and trembling , co●sider . o then , if ever we will shew our selves faithfull , valiant , couragious , magnanimous , bountifull , really cordiall , and loyall to our king , kingdoms , countrey , parliament , religion , laws , lives , liberties , kinred , families , posterities ; let all who professe themselves protestants lay aside all causelesse jealousies and prejudices against the parliament , or any others ; and now speedily unite all their prayers , hearts , hands , purses , forces , counsells , and utmost endeavours together , to defend , secure them all against these forraign and domestice jesuiticall romish confederates ; and if any prove traiterous , fearfull , cowardly , unfaithfull , base , or faint-hearted in this publike cause , as too many , ( who deserve to be made spectacles of treachery and cowardise to posteritie , and cannot without injustice or dishonour to the parliament and kingdom , be suffered to scape scot-free , without severe exemplary punishment , ) have done , to their eternall infamy , and betraying of their countrey ; the present generations shall abhorre them , posteritie curse , and declaim against them , as most unnaturall monsters , unworthy to breath in english ayre , or enjoy the name , the priviledges of english men , or protestants . there is a double kinde of treachery in souldiers , both of them adjudged capitall . the first proceeds from a sordid pusillanimous fear , unworthy the spirit of a souldier : and this is capitall , both by the civil and common law. by the * civill law ; the souldiers who first begin to flye , or but fain themselves sick , for fear of the enemy , are to be adjudged to death for t●is their cowardize . yea lacaena and dametria , two magnanimous women , slew their timorous sonnes , who fled basely from the battle , with their own bands , disclaiming them as degenerous brats , and not their sonnes ; the latter of them inscribing this epitaph on her sonnes tombe . hunc timidum mater dametriam ipsa peremit , nec dignum matre , nec lacedaemonium . indeed * charondas and the thurians , enacted , that cowards who basely fled or refused to bear arms for their countries defence , should set three dayes one after another in the open market-place , clad in womans apparell ; ( a pun●shment farre worse then death it self , writes diodorus siculus ) where as all other lawyers made it capitall ; yea , our * common law adjudgeth it treason : witnesse the notable cases of g●mines and weston , . r. . num . , . who were adjudged traytors in parliament for surrendering two castles in france , onely out of fear , when they were strongly besieged , and battered , sooner then they needed , without any compliency with the enemy : the case of * iohn walsh esquire , accused of high treason in parliament against the king and kingdom , for yeelding up the castle of cherburg in france , to the enemy , when as be might have defended it . and the case of * henry earl of essex , in the second yeer of henry the second , accused of high treason , by robert de monfort , and vanquished by him in a duell , waged thereupon ; for throwing down the kings standard ( which he bare by inheritance ) and flying , in passing a straight , among the mountains , when fiercely encountred by the welsh . for which , though his life was pardoned , yet he was adjudged to be shorne a monke , put into the abbey of reading , and had his lands seised into the kings hands . and as for * treacherous revolting to , or delivering up castles to the enemy , it is capitall , and high treason by all laws , and so the resolved in parliament , . r. . in the case of * thomas ketrinton esquire , accused of high treâson by sir john ann●sley knight , for delivering up the castle of saint saviour in the isle of constantine , to the french , for a great summe of money , when as he neither wanted provisions , nor means to defend it . as for those unnaturall vipers , and traytors , who shall henceforth ( after this discovery ) joyn with the popish conspirators , to ruine their religion , countrey , and the parliament , for private ends , as * count iulian the spaniard joyned with the mores , an. dom. . whom he brought into spain , his native countrey , furiously pursuing his own private injury with the ruine of the publike . i shall onely bestow his epitaph upon them , with which i shall conclude this treatise . maledictus furor impius iuliani , quia pertinax ; & indignatio , quia dura : vesanus furià , ammimosus furore , oblitus fidelitatis , immemor religionis , contemptor divinitatis , crudelis in se , homicida in vicinos , reus in omnes . memoria ejus in omni ore amarescit , & nomen ●jus in ●●ternum pu●r●scet . finis . an appendix : manifesting by sundry histories and authors , that in the ancient roman kingdome and empire ; in the greek and german empires , derived out of it ; in the old graecian , indian , aegytian realmes ; in the kingdomes of france , spaine , italy , hungary , bohemia , denmarke , poland , sweden , scotland , yea , of iudah , israel , and others mentioned in the scripture ; the supreame soveraignty and power , resided not in the emperours and kings themselves , but in their kingdomes , senates , parliaements , people , who had not on●y a power to restrain , but censure and remove their emperours . and princes for their tyranny and misgovernmen● . with an answer to the principal arguments , to prove kings above their whole kingdomes and parliaments , and not questionable nor accountable to them , nor censurable by them for any exerbitant actions . having finished the preceding treatise ; which asserts , the supreame authority and soveraigne power in the realme of england , legally and really to reside in the whole kingdome , and parliament , which represents it , not in the kings person , who is inferiour to the parliament : a doctrine , quite contrary to what court prelates and chaplaines have for sundry yeeres inculcated into our kings and people ( who preach little else but tyranny to the one , and slavery to the other , to support their owne lordly prelacy , and hinder an exact church reformation ) and directly opposite to the resolutions of many malignant courtiers , lawyers , and counsellours about his majesty ; who have either out of ignorance or malice , created him a new utopian absolute royall prerogative , unknowne to our ancestors , not bottomed on the lawes of god or the realm ; for maintenance of each punctilio whereof , against the parliaments pretended encroachments , the whole kingdome must be engaged in a destructive civill warre , now like to ruine it : i could not but conjecture , how in all probability these clergy men , courtiers and lawyers , out of their unskilfulnesse in true divinity , history , law , and policy would upon the first tydings of this strange doctrine , passe a sentence of excommunication and death against it , as guilty not onely of heresie , but high treason ; and judge it such a monstrous antimonarchicall paradox as was never heard of in , much lesse claimed or practised by any kingdome , realm , or monarchy whatsoever : to anticipate which rash censures , and undeceive both kings and subjects whom these grosse parasites have over-long seduced in this point , to their prejudices , convince the consciences of all gainsaying malignants , irradiate this long obscured verity , whose seasonable discovery , may through gods blessing , conduce very much to period the present differences between king and parliament , touching matters of prerogatives and priviledges claimed by either ; i conceived it , not only expedient but necessary , to back the forecited presidents of our own kingdom with paralelled examples in most forraign realmes and monarchies ( in which it is not mannerly to be overbusie without just cause ) which i have faithfully ( though suddenly ) collected out of the best approved authors and historians ; whereby i shall infallibly prove , that in the roman state and empire at the first , in the greek empire since , in the german empire heretofore and now ; in the ancient kingdomes of greece , egypt , india , and elsewhere ; in the kingdomes of france , spaine , hungary , bohemia , denmarke , sweden , poland , scotland , and most other kingdomes in the world , ( yea in the kingdomes of iudah and israel , and others mentioned in scripture ) the highest soveraigne authority , ( both to elect , continue , limit , correct , depose their emperours and kings , to bound their royall power and prerogatives , to enact lawes , create new offices and formes of government ) resided alwayes in these whole kingdomes , senates , dyets , parliaments , people , not in the emperors , kings , or princes persons . i shall begin with the roman state , as having much affinity with ours , which was long under their command heretofore . after the building of rome by romulus and remus , romulus being elected king , divided the people into two rankes ; those of the highest and richest quality , he stiled senators , making them a court of counsell and iustice , much like our house of peeres ; the other he termed the people , being the body of the state , and representing our house of commons . in this distinction , made by the peoples consent , the soveraigne authority to elect succeeding kings , to enact binding lawes , to make warre , or peace , and the like ; rested not in the kings person , but in the senate and people joyntly , if they accorded ; yet principally in the people , in case either of assent or dissent between them ; their very kings and lawes having their greatest power and efficacy chiefly from the peoples election and assent . to begin first with their kings election and authority . when romulus their first king deceased , there arose a great controversie in rome about the election of a new king ; for though they all agreed to have a king , yet who should chuse him , and out of what nation he should be elected , was then controverted . in the interim to avoid confusion , the senators , being . divided the regall power between them , so as every one in his turne in royall robes should doe sacrifice to the gods , and execute justice six houres in the nighttime , and six houres in the day ; which tended to preserve an equality among the senators , and to diminish the envie of the people , when in the space of one night and day , they should see one and the same man , both a king and a private person . but the people disliking this interregnum ( as tending to put off the election of a king , that the senators might keep the principallity , and divide it among themselves ) cried out , that their bondage was multiplyed having an hundred lords made instead of one , neither would they suffer it any longer , unlesse they would admit a king , created by themselves : hereupon the senate , thinking it best to offer the people that , which they were like to lose , to gaine their favour , summa potestate populo permissa , permitted to the people the chiefe power of electing a king : but yet that they might not give away more right , then they deteined : they decreed , that when the people had commanded and elected a king , it should be ratified , if the senators should approve it , or be reputed the authors of it : then the interex assembling the people , spake thus unto them : o romans regem eligite , chuse yea king : so the senators thinke fit , and if he be one worthy to succeed romulus , they will approve him . this was so gratefull to the people , that left they should be overcome with the benefit , they commanded , that the senate should decree who should reigne at rome . at last , numa pompilius was named ; and none of the people or senate daring to preferre any before him ; all of them joyntly decreed , that the kingdome should be conferred upon him . whence canubius the tribune of the people in his speech against the consuls , long after , used these words numa pompilius populi ● jussu patres autoribus , romae regnavit . reges exacti jussu populi : which manifests , the chiefe power to be in the people . numa departing , tullus hostilius by the peoples command , consent and approbation was made king , which livy thus expresseth ; tullum hostilium regem populus jussit , patres auctores facti : after him , the people created ancus martius king regem populus creavit ; patres fuêre auctores : after him ingenti consensu populus romanus tarquinium regnare jussit : the people of rome with great consent commanded tarquin to reigne . but he dying ; servius having a strong guard to defend him primus injussupopuli , voluntate patrum regnavit , was the first that reigned without the command of the people , by the senates consent ; yet doubting his title for want of the peoples votes , and young tarquin his competitour , giving out speeches , se injussupopuli regnare , that he reigned without the peoples command ; he thereupon so courted the commons , by dividing the lands he had taken from the enemies among them , that at last he appealed to the people , vellent nolerintve se regnare ? whether they would or would not have him reigne ? tantique consensu , quanto haud quisquam alius ante rex est declaratus . but tarquin the proud affecting the kingdome flew servius ; and non comitits habitis , non per suffragium populi , non auctoribus patribus : without the election of the people or senate , usurped the crowne ; neque enim ad jus regni quicquam praeter vim habebat , ut qui neque populi jussu , neque patribus auctoribus regnaret , writes livy : whereupon reposing no hope in the love of the people , he endeavoured to defend his usurped soveraignty by force : to which purpose , he of himselfe , without the senate or counsell , tooke upon him the conusance of capitall offences ; and by colour hereof , not onely to slay , banish , and plunder those whom hee suspected or hated , but even those from whom hee could expect nothing but prey . then he lesseneth the number of the senate to diminish their esteeme and power , and at last to subvert it . hee was the first of kings who dissolved the custome used by all his predecessours , de omnibus senatum consulendi , of consulting with the senate about all affaires , and administred the common-wealth by his domesticke counsels ; making warre , peace , truces , leagues with whom he would , injussu populi & senatus , without the peoples and senates command ; which tyrannicall usurpations of his , with his ravishing of lucretia , caused brutus and the incensed romanes to rise up in armes against him ; deprive him of his crowne , banish him , his wife and children , utterly to abolish the kingly government by a decree , and to take a solemne oath , ( lest afterward they might bee overcome by royall intreaties or gifts ) that they would never suffer any king to reigne in rome : which act of brutus and the people is highly magnified by livie and tully . this done , the people created two annuall consuls , who had the power , but not the name and continuance of kings , annuum imperium consulare factum est : brutus the first consull was slaine , whilest hee was consull , and valerius his companion being suspected by the people to affect the kingdome , because hee demanded no new companion : valerius heereupon calls the people together layes downe his fasces ( the badges of his soveraignty before them ) which was a gratefull spectacle to the people , confessionemque factam ; populi quam consulis majestatem vimque majorem esse ; and a confession made , that the people had greater soveraignty and power then the consul , who yet had regall jurisdiction . and then there were lawes enacted , of appealing from the consul or magistrate to the people , and that hee should lose both his head and goods , who should but consult to usurp the kingdome . in briefe , it is clearly agreed by dioxysius halicarnasseus , polibius , livy , alexander ab alexandro , bodin , ( and most who have written of the roman republike ) that the soveraigne authority among the romans , during their kings , consuls , dictators , and other magistrates , was originally vested , not in the kings , senate , consuls , or other magistrates , but in the whole body of the senate , and people ; the people had the chiefe soveraigne power of enacting and confirming lawes , ( the senates decrees and lawes being of no validity , unlesse the people ratified them ) of creating and electing kings , dictators , tribunes , and all other great publike officers ; of denouncing warre , and making peace : these tribunes , and dictators might restrain , curb , imprison , censure , depose the roman consuls ( who had regall power ) yea , the roman kings , senators , and highest officers ; and to them the last appeale from king , senate , or other magistrate might be made , as to the highest tribunall : they having power likewise to change or annull the very frame of their publike government , which they oft times did , as these authors prove at large , to whom for brevity i referre the reader . yea , after the roman empire ( the greatest , largest soveraignty in the world ) was erected , the supream power still rested in the senate and people , not in the emperors themselves , which bodin grants and proves . this is clearly evident by these ensuing particulars : first , the senate and people had sole right and lawfull power both to elect and confirme their emperors , and to decree them new honours , titles , triumphs ; which power of election , though some emperors in a sort usurped , by adopting their successors , and the roman souldiers too , by presuming sometimes to elect emperours without the senate ; yet these adoptions and elections were not held valid , unlesse the senate approved and confirmed them , who usually elected all their emperors , as of right , according to that of the panegyrist , imperaturum omnibus ex omnibus elegi debere ; plinius panegyr . trajano dictus , and jacobus valdesius , c. . this appeares by the election and confirmation of most emperors from octavins to leo the first , and more particularly by the senates and peoples election and confirmation of nerva p●rtinax , severus , gordianus , maximius p●pienus , clodius b●lbinus , philip , decius , trebo●ianus , galienus , claudius the second , ta●itus , probus , iovinianus , aurelius , and others . this right of the senate was so cleare , that after the death of aurelian●● , the army sent word to the senate , that ( as reason was ) they should chuse and name an emperor , and that they would obey h●● . after six months space ( during which time the empire was governed by the senate ) the senate made choice of tacitus , who earnestly r●fused the same as first , but in the ●nd accepted thereof , to the great joy of the senate and roman people . after whose dec●ase pr●bus , being chosen emperor by the legions and army , he presently wrote a letter to the senate , e●ousing himselfe for having accepted the empire without their knowledge an● confirmation ▪ whereupon the senate confirmed his election with many blessings , gave him ●he name of augustus , father of the countrey ; made him high pri●st , and gav● him tribunall power and authority . ( secondly , this is manifest by the confessions , and actions of the best roman emperours . volateranus writes of trajan ( the best heathen emperor that rome enjoyed , that he used to call the senate , father , but himselfe their minister , or servant of their labour ; and that standing , he did reverence to the consuls sitting , quia se illis inferiorem ex legibus esse reperiret , because he found by the lawes he was inferior to them . whence dion , niciphorus , and speed record of him ; that when he invested any praetor or commander , in giving him the sword , he openly commanded him before all , to use the same even against his owne person , if he governed not the empire well , or violated law and equity ; confessing thereby , that he was subject not only to the lawes , but to the sword of justice too in these officers hands , in case he did offend , much more then to the senate . i read of the emperor decius , elected by the senate ; that he preserved the authority of the senate , ( who compelled him to make his sonne his companion in the empire ) following their counsell in all matters of government , governing all things with great wisdome and equity , by the advice and consent of the senate , to the great contentment of all the roman people ; and going into thracia against the gothes , he left the government in the hands of the senate ; permitting them to chuse a censor at their pleasure , who had supreme iurisdiction over all men ; which office some former emperors had usurped ; making themselves censors . so claudius the second , and tacitus did nothing without the consent , advice , and counsell , of the senate , either in matters of warre or peace . and polybius writes expresly , that the roman emperors counsels and purposes were efficatious , or invalid , at the pleasure of the senate , which had power to remove or continue them , to encrease or abridge their power and wealth ; to decree or deny them triumphs , towards which they contributed ; and that they could neither make warre , nor peace , nor truces , without the peoples consent . their emperors in truth , being but their chiefe generals in their warres , at the first , in right . thirdly , they had power to create one , two , or more emperors at once , as appeares in their election of gordianus , the father and sonne to be joint-emperors at once , and of maximius pupienus , and clodius balbinus , and gordianus , to be c●●sars at once . and those who could thus create more emperors then one , when they pleased , no doubt had a power above the emperors . fourthly , they had a soveraigue power , judicially to convent , censure , yea to depose , and adjudge their emperours to death , for their tyranny and misgovernment : this appeares by the case of nero , that wicked emp●rour whom the senate jud●cially deposed , condemned for his tyranny and misgovernment , as a publike enemy to the state , adjudging him to have his head fastned to a forke , and so to be publikely whipped to death , and then precipitated from a rock : upon which sentence he being sought for , and forsaken of all , to a voyd the execution of it , murthered himselfe with a poinyard . so when domiti●n was slain , the senate assembling the same day , caused all his stat●es to be throune downe , and all the inscriptions and memorials of him to be cancelled , defaced ; and elected nerva emperour . didius iulianus who purchased the empire by bribing the soldiers , comming to rome with an army , went to the senate , where assembling such senators as were present , by their decree he was proclaimed emperour , and they presently made his son in law cornelius repentin●●● praetor of rome , putting sulpetianus out of that office , and from thence he was caried to the imperiall pallace , and held for emperour , more through force , then good will of any honest men : but the people hateing , and cursing him ; at last , a full senate being assembled , by the common consent of all the senators , it was decreed , that iulianus should be deprived of the empire , as a man unworthy to rule , and severus proclaimed emperour ; to whom two of the principall senators were sent to yeild him their obedience , with the ensignes of the empire , and iulianus being generally abandoned , they commanded him to be slaine in his pallace . heliogabalus ( that monster of wickednesse ) was slaine by the praetorion souldiers by the senates and peoples approbation , who commanded he should no more be called antoninus , and that in detestation of him , no other emperour should after that be called by this name , and that he should be called tiberinus , according to the manner of his death , his body being tyed to great stones , and sunke in tiber , that it might never be found . so maximinus the emperour oppressing , and tyrannizing over the people , with great cruelty , was deposed by the senate , and he , with his sonne ( though already made caesar , and declared emperour ) adjudged enemies and rebels ; and gordianus with his sonne elected and proclamed emperours by the souldiers , people , and senate of rome . after which they , considering the great power of maximinus , to secure the city , made great preparations to resist him , and writ letters to all their provinces , that all those governours that maximinus had there placed should be displaced ; which direction was generally obeyed , and the governours most of them slain . thereupon maximinus then in hungary , posts with his army , and son towards rome ; and young gordianus being slain & his father strangled in the interim ; the senate assembled in the temple of iupiter , chose maximus pupienus and clodius balbinus emperours , and to please the people which consented not to their el●ction , they likewise named young gordianus caesar , and raised forces to resist maximinus , who lying before aquilia , his souldiers hearing that he , with his sonne were proclamed rebels at rome , and new emperours elected , came boldly to their pavilions about noone , slew them , and sent their heads to rome . by these , with sundry presidents of like nature , it is apparent , that the soveraigne power and jurisdiction , even after the roman empire erected , continued still in the senate and people , to whom the emperours were responsible , by whom they were deposed , yea put to death for their misdemeanours a●d offences against the state , and oppressions of their subjects : which power they retained till the emperours removed their courts from rome to constantinople , by which meanes the authority of the senate , and dignity of the consuls was almost wholly lost by degrees , in iustine the seconds reigne . after the seat of the empire was translated to constantinople , the senate , people , souldiers , and patriarchs of constantinople , claimed a right , and power to elect their emperours , to prescribe conditions , and oaths unto them before they were crowned ; as also a power in some cases to depose them , yea execute them , as you may read at large in their lives ; of which i shall recite some instances . iulian the apostate dying , iovinian , assensu omnium , by the joynt assent of all the souldiers , captains , and people was elected emperor ; who absolutely refused the empire , saying ; that he being a christian would not be an emperor over infidels : but all men were so pleased with his election , that they cryed out aloud saying ; we are all christians ; and for his sake , those which were not so , resolved to become christians , upon condition that he would accept the empire ; which he thereupon accepting , with incredible joy and gladnesse , they swore obedi●nce to him , and gave him the imperiall ensignes . he being casually smoothered or death ; valentinian the first was by the joynt consent of the captains and souldiers , chosen emperour : after which , the empire went by descent till the death of valentinian the second and then martianus by means of eudoxia , with the senates and patriarch● assent , was elected and crowned emperour : after whose poisoning asper sought to have been his successor ; but being an arrian , the orthodox christians of constantinople would by no means elect him ; whereupon , accepta a populo potestate , he named leo emperour , having received power so to doe from the people . leo adopting one of aspars sonnes caesar , the senate and people were so much displeased at it , fearing that an arrian should reigne over them , that they went tumultuously to the emperour , desiring him to remove him from that dignity , who soone after slew both him and his father . basiliseus usurping the empire against the senates and peoples consents , who hated him for his tyranny ; the people sent for zeno , whom he expelled , received him into constantinople , and restored him to the empire ; after whose death anastasius , de sententia senatus & legionum , was elected emperour by the senates and legions decree . he dying , iustinus , by the generall consent both of the senate , people , and souldiers was elected emperour , though but a swineheard in his yonger dayes ; who creating iustinian for his successor , the people gave their consents thereto , with happy acclamations . so constans the second was made emperour by the senate of constantinople . philipicus usurping the empire against the peoples and senates liking , they rose up against him , deposed him : and a● beda marianus otho frisi●gensis and abbas vspergensis write ; the people of rome decreed , that neither his name , nor letters , no● coyne should be received . and the senate and people of constantinople created authemius emperour in his place , giving him the name of anastatius . thus michael curaepalata was created emperour by the senate in the life of stauratius who intended to leave the empire to theophanon his wife . so theodora , atoto senatu , populo & sacerdotibus , was elected and saluted empresse . isatius angelus was elected emperour , and andronicus deposed , apprehended and put to death by the people of constantinople for his tyranny and oppression . after whose death baldwin earle of flanders , a frenchman , was elected emperour by the souldiers and people , upon condition , the venetians should elect the patriarch : in whose blood the empire continued four descents and then returned to the greekes . and as the senate and people of constantinople had thus the right of electing their emperours , so likewise they and the patriarch of constantinople prescribed a conditionall coronation-oath to divers of them , which they were to take before they were crowned , and to deliver it under their hands in writing . anastatius dicori , being chosen emperour after zeno his death . euphemius the patriarch of constantinople before he would crowne him , exacted of him a confession of his faith in writing , wherein he should promise , that he would innovate nothing in eclesiasticall doctrines &c. whereupon he delivered a writing to the patr●arch , wherein he professed , that he did embrace all the tenents of the church , and that he would keep all the decrees of the councell of chalcedon ; which done , he was crowned , and then pr●sently tooke away the grievous tribute called aurargenteum , which much oppressed the people . thus when michael rungabis was elected emperour , and came to be crowned , nicephorus the patriarch first required of him a writing , wherein he should promise , that he would violate no ordinances of the church , nor defile his hands with the blood of christians : which conditions bishop bilson grants , the people had power to prescribe , the empire being elective , but not the patriarch alone . and with all these patriarchs sometimes presumed to excommunicate and keep their emperours out of the church for murthers and such like offences , as appeares by polyenctus keeping iohn zimisoa out of the church , and refusing to crowne him , till he had banished the empresse theophano , and those who slew nicephorus ; and by photius his putting by the emperour basilius from the sacrament , when he came to receive it , for homocides committed by him . fifthly , the roman senate and people had power to divide the ●mpire , and to create a new emperour at rome in the west , distinct from that of constantinople in the east : about the yeare of christ gensericus king of the vandals wasting italy and sacking rome whiles marcianus the emperour resided at constantinople , the senators and roman gentlemen returning to rome when gensericus had lost it , wanting an emperour to protect them , chose avitus by common consent for emperour of rome , italy , and sicilie , of which marcianus was very glad , and approved his election : and not long after , whiles leo the first raigned at constantinople , the senate successively elected olibrius and glizerius emperours of rome , italy , and sicilie ; yea , the very finall division of this great empire into that of the east and west , and the creation of a new roman emperour , and empire of the west , with the transferring of the imperiall crown from the greeke to the german line , was done by the authority , and joynt consent of the people , senate , and bishop of rome , upon this occasion : as blondus sabellicus and others relate . aistulfus king of the lombards invaded and spoyled those parts of italy belonging to the romans ; who being unable to resist or pacifie him ; the bishop and city of rome hereupon sent messengers to their emperour cons●antine to constantinople , for ayd , assuring him , that unlesse he sent them ayd the city and whole country wo●uld be subdued by aistulfus : but whiles rome and italy were ready to sinke under those ruines constantine had no manner of care to relieve them ; and the messengers that were sent to him , signified by letters , that there was no looking for help from constantine , either for that he would not , or could not , and therefore they must seeke some other way : in the meane time aistulfus sent heralds to menace the bishop and people of rome , that unlesse they would yeeld themselves and their city , he would come and take them by force , and kill man , woman , and child . hereupon they being out of hope to pacifie the enemy , or to receive help from constantine ; the pope , together with the people of rome , determined to send messengers to desire ayd from pepin father to charles the great , then king of france , who sent them succour , subdued their enemy , and quieted italy . after which , charles likewise ayding and succouring both the pope , and romans against their enemies , and comming in person to rome ; the romans ( who in heart were long before falen from the emperour of constantinople , because he began to neglect the city of rome , and to leave it as a spoyle to the barbarians and others ) taking this occasion and opportunity , and grieving that the empire of the world , which with their blood they had gotten , and established by their vertues , should be governed and ruined by irene ( a lewd woman ) constantines mother ( who swayed all at her pleasure ) did thereupon elect and proclaime charles for their emperour , and commanded pope leo to crowne him . platina , blondus , nauclerus sabellicus , aventinus , sig●bert , frisingensis , and aeneas sylvius , all record that this was done ( not by the popes authority alone , ( as some late romanists pretend , for he poore man had no such power ) but by the decree , determination , assent and request of the senate and people of rome ; who , tac●o senatus consulto plebis citoque decernunt to transferre the empire jure suo , by their owne right , from the greekes to the germans , and from constantine to charles the great : ever since which time it hath continued thus divided in the blood of charles , and other french and german princes . a most cleare demonstration , that the most absolute soveraigne power a●d disposall of the empire resided not in the emperours themselves , but in the se●e and people , even from the very first emperours , till this partition of the empire ( more then yeares space , ) and that their emperours neglect to protect , to ayde them against their enemies when they needed , and craved help , was a iust ground for them to reject his soveraignty ; yea , to create a new empire , and emperour of another race , as pope leo with all the roman clergy , senate , and people then resolved ; not only in point of state policy , but of conscience too : upon which very ground ; not only the spaniards fell off from the roman empire , electing them kings , and erecting kingdomes of their own : but likewise our iland of brittain ( the fairest plume of the roman diadem ) rejected the roman yoake and government , to which it had been subject almost yeares ; craving ayd against the sc●ts and picts from the sax●ns , who therereupon became their soveraigne lords at last , and disposessed them of the kingdome : now , that these revolts and changes of the empire in this case were lawfull even in point of conscience , we have the resolution of bishop bilson himselfe , ( in his booke dedicated to queen elizabeth , wherein he professedly defends the soveraignty of kings ) in these very words the roman state and common wealth had as goodright to dispose the roman empire , as all other christian and heathen kingdomes and countries had to settle the sword and scepter that reigned over them . and since all other nations once members of the roman empire , were suffered to plant those severall formes of regiment which they best liked , and when the right heires failed to elect their owne governours , i see no cavse why the romans might not provide for themselves as well as other realmes had done before them ; especially if the reports of your stories be true ; that they were neglected by the grecians , when they were bes●iged by the lombards ; and the scepter at constantinople went not by descent , or succession , but by violent and wicked invasion , and usurpation . so he ; with whom cassanaeus in his catalogus gloriae mun di● pars consid . . p. . accords . and iacobus valdesius , de dignitate regum hisp. c , . n , , . sixthly , after this division , and translation of the empire unto charles the great , the roman empire for a time , by permission and connivence of the french , & german states , went by succession till charles the grosse ; after him wholly by election , the power of electing the emperour residing in all the french & german princes , 〈◊〉 at last it was by consent , about the yeare . translated to the ; or rather . princes electors : yet during all this time the soveraigne power and iurisdiction of the empire resided only in the german princes , states and diets ( not the emperours themselves ) who had power , not only freely to elect what emperours they pleased , but also to censure , and depose their emperours upon just grounds , and to set limits to their imperiall iurisdictions . not to trouble you with the histories of ludovicus pius , otho the great , henry the , , , , , , . lotharius , fredericke barbarossa , phillip , otho the fourth & fifth , fredericke the , . albert the , ludovicus bavarus , sigismond , and other emperours , who were much affronted , persecuted , warred against , and some of them unjustly deposed and murthered by their subiects , sons , and the princes●electors , through the popes procurement ; i shall pitch only upon such presidents as are pertinent to my purpose charles the third surnamed the fat , though he came to the empire by discent , yet the princes , dukes , and governers of the provinces of germany , and france , seeing his great insufficiency , and unaptnesse to governe ( he being growne a very foole and having lost his understanding ) did thereupon deprive him of his empire , and other kingdomes ; and elected and crowned arnolph emperour in his stead : he being thus degraded both of realme , empire , and forsaken of all the world , not having so much as an house wherein to shroud himselfe , retired into a poore village of suabe , where he lived some few dayes in extream misery , and penury , and soone after dyed ; not lamented nor pitied of any man : which deposition of his , i have formerly proved lawfull ; though his subsequent ill usage was no doubt dishonourable and unjust . so the emperour wenceslaus was ▪ deposed by the princes electors of the empire , for his insufficiency to governe , and the little care he tooke to suppresse and pacifie the civill warres and dissentions in the empire , giving himselfe over to vaine pleasures and delights , which made his government dangerous , and unprofitable for the empire , and christian common wealth ; and rupert made emperour by them in his room . after this , about the end of rodulph the second his imperiall raigne , the electors called a dyet at nurenberg , from whence they sent ambassadors to the emperour to acquaint him with the state of the empire ; who told him , that the electors required above all things a reformation of justice : that he should make choice of more faithfull officers and councellors then formerly he had done : that a generall dyet might be called the spring following : that the reason of the bad government of the common weale was for that his majesty did not impart the important affaires of the empire unto them , as his predecessours had done &c. whereupon he appointed a generall dyet to redresse these disorders ; but dying before the day , according to the golden bull made in the yeare the elector palatine , and he of saxon , were appointed vicars , governours , and administrators of the empire untill there were a king of romans chosen to be emperour . after which they elected mathias , who as emperour and king of the romans had not any city or towne within the empire , the whole territory of germany belonging to the electors , bishops , abbots , princes , earles , noblemen , and free townes . what power the princes electors , and german states had , and yet have in electing , rejecting , deposing , restraining their emperours ; in calling diets , and making lawes , you may read more largely in munster , and grimston : by all which , and other particulars , which for brevity i shall omit , it is most evident , that the supream soveraigne authority of the roman state , both under their ancient kings and emperours , and of the greeke , and german empires resided not in the kings and emperours , themselves , but in their senates , diets , people , states , who prescribed them conditionall oaths at their coronations , and to whom they were still accountable for their actions and misgovernment , this iohn bodin ( a famous learned french lawyer , of great experience in state affaires , surpassing all who writ before him of republikes ) plainly affirmes in these words . the roman emperours were at first , nothing else but princes of the common weale , that is to say , the cheife and principall men : the soveraignty neverthelesse still resting in the people and senate , the emperour having the soveraigne authority only infact , not in right : the state being but a very principality , wherein the people had the soveraignty . so the german empire at this day is nothing else , but an aristocraticall principality : wherein the emperour is head and chiefe , the power and majesty of the empire belonging● vnto the states thereof , who thrust out of the government adolphus the emperour , in the yeare , and also after him wenceslaus in the yeare ; and that by way of ivstice , as having ivrisdiction and power over them . and so properly ancient romans said : imperium in magistratibus , auctoritatem in senatu , potestatem in plebe , maiestatem in populo ; command to be in the magistrates , authority in the senate , power in the maeniall people , and majesty in the people in generall . the senate in rome did consult , the people command : for livy oft times saith : senatus decrevit , populus iussit : the senate hath decreed , and the people commanded ; which he there more largely prosecutes , as you may read at leysure . to all which bishop bilson himself doth fully assent , affirming , that germany is a free state , that the emperour holds the empire by election , and that but on condition , which he takes an oath to performe . and if he violate their liberties , or his oath , they may not only lawfully resist him by force of armes , but repell and depose him as a tyrant , and set another in his place , by the right and freedome of their countrey . and cassanaeus holds , that the people may take away the very name of the emperour at this day , degrade him , and resume his royall power . this then being an unquestionable verity , disproves that palpable common mistake of dr. ferne with other ignorant court doctors and royalists , who would make the world and kings beleeve , that the roman emperours were of greater power and authority than the senate , people ; the highest powers upon earth to which all persons , yea the senate and people collectively considered , ought to submit ; and that it was unlawfull either for the senate or people forcibly to resist caligula , claudius , n●ro , and other their wickedest , and most tyrannicall emperours : much lesse to depose , take armes against , or call them to a strict , just account for their tyranny , oppression , or misgovernment , it being directly contrary to pauls doctrine rom. . , to . let every soule be subject to the higher powers , &c. which false groundlesse principle , is the sole foundation upon which all their late sermons , books , and rayling discourses against this parliaments proceedings and taking up of defensive armes are built ; when as in truth , the sen●te & people were the highest powers , to whō the roman emperours themselves were to be obedient in all iust requests & commands , under paine of damnation , and subiect to the senates sword of ●ustice in case of disobedience & misgovernment , as all the premises evidence ; yea it likewise manifestly evidenceth , that whole states & parliaments are the highest power and above their kings , who are subject to thē , since the roman and greek senates and people heretofore , & the very german states at this day are the highest power and above their emperours , though ever reputed of greater power , soveraignty and dignity than any kings , and the greatest monarchs in the world : and that therfore kings , even by pauls doctrine rom. . ought to be subiect to the higher power and iurisdiction of their parliaments , the laws and statutes of their realmes ; and to be accountable to them , if not subiect to their censures , as some affirme , in exorbitant cases of misgovernment which concern the kingdomes and peoples safety . if kings iniuriously take away the lands , goods , or imprison the persons of any particular subjects , the law gives every one a particular remedy against them by way of action , or petition of right . if then every private subiect may have redresse , much more the whole kingdome , ( in and by parliaments only not in inferiour courts ) against their soveraigns which oppresse them ; who being subiect unto the lawes of god and their realmes , which have no respect of persons , may as many affirme , be questioned and iudged by them in their parliaments as well as other princes , great officers of state and magistrates who in scripture are called gods , the higher powers and said to be ordained , to rule judge by and for god , as well , as kings and emperours . it is branded as a spice of antichristian pride in popes and their parasites , to deem themselves so high above other men , that they are accountable to none but god for their wicked actions , though many popes in former and later times , have been questioned , censured , imprisoned and deposed both by emperours , kings , and councels for their intollerable misdemeanors . and is it not the very selfe same crime in kings , in emperours , and their flatterers , to hold this popish erronious opinion , that they are in no case responsible to their whole kingdomes or parliaments for their gross●st exorbitances ? our popish prelates and clergy generally heretofore , and some of our protestant bishops and divines of late times , from st. ambrose his practise , have held , that ●●ings for murthers , rapes , and great crying offence● may be lawfully excommunicated and censured by the spirituall law and sword , as sundry emperours and kings have been ; then why not likewise by the temporall , when their parliaments and whole kingdoms see just cause , the case of hundreds of emperours and kings in former time , as the histories of all nations and ages prove abundantly , beyond all contradiction ? i shall here instance in some few kings censures subject to the roman state and empire , with whom i shall conclude this discourse touching the roman monarchs deioratus king of galatia under the romans i●risdiction , and one of their allies , was accused of treason , and condemned to lose both his head and estate for certaine offences against c. caesar , and the roman state ; as appeares by tullies oration to caesar in his behalfe , to procure his pardon ; which because it was the first president of this kinde , made his advocate say ; tamen ita inusitatum est , regem capitis reumesse , ut ante hoc tempus non sit auditum : yet long before that , zedechiah king of iudah , rebelling against the king of babylon , was brought prisoner to the king of babylon to riblah , where hee gave judgement upon him slew both his sonnes and princes before his eyes , and then put out his own eyes bound him with fetters of brasse , and carried him prisoner to babylon , where hee died . kings . . to . ier. . . to . and after de●oratus antigonus king of the iewes , being taken prisoner by antonius , for moving sedition against the roman state , was beheaded with an axe at antioch , without any legall triall , to prevent further seditions , which never befell any king before that time , writes alexander ab alexandro ; and agrippa , not long after , put bogus king of the mores to death , for siding with antonius . of later times , i read that ludovicus pius the emperour taking bernard his nephew ( king of it●ly ) prisoner , for rebelling and denying his superiority over him , carried him into france , to determine what should be done with him according to iustice , for this his offence ; where ( though a king ) hee was condemned to death and executed , as some , or at least cast into prison , and had his eyes put out , as others write : so charles of france taking conradine king of sicily prisoner , publikely arraigned and condemned him of high treason , and cut off his head , anno . yea , our owne king iohn being a feudatary to the king of france , was by philip the french king in a full parliament there ( during his absence in england ) arraigned , condemned to d●ath , and deposed from his crown by the sentence of his peeres , for murthering his nephew , arthur , ( then a subiect of france ) with his owne hands : so iohn bailiol king of scotland , renouncing his homage for that crowne , to king edward the first , was for this offence compelled to resigne his crown with all his right to the kingdome of scotland , to king edward the first , and sent prisoner to the tower of london : and mary queene of scots , within many mens memories , after long debate in parliament , was condemned and beheaded at fothringham castle , febr. . an. . for laying claime to the crowne of england , and other particulars mentioned in our historians . and thus much for the roman , grecian , german emperours , kings and kingdomes . i shall now give you a brie●e survey of what greeke authors write concerning kings and kingdoms ; and of the power , the kinds of ancient kings and kingdomes , in greece and other places . that great father of learning and policie aristotle , ( tutor to the greatest emperour alexander the great ) whose authority is irrefragable in our schooles ; resolves : that true kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people , and founded , confirmed by the customes and lawes of each country , ( which polibius also affirmes ) that there are severall sorts of kings , some of greater , some of lesser authority and continuance then others : some elective , some successive , some during ●ife , some annuall , all of them receiving their distinct jurisdictions , formes , limitations , and different royalties , from the peoples primitive or subsequent institutions and consents . for all men being equall by the law of nature , can have no dominion nor superiority one over another , but by their own voluntary consents . that the lawes , ( not the kings princes , or magistrates be they one or more , or never so good ) ought to be the sole lords or rulers of the common-wealth , and that princes and governours ought to governe by the lawes : who cannot command what the lawes doe not command . that those who command that the law should rule , command that god and the lawes should rule : but he that commands a man to be a prince , he commands that both a man and beast should be princes : for covetousnesse and the lust of the minde is a certaine beast , which perverts both magistrates and the very best men ; but the law is a constant and quiet minde and reason voyd of all motions of lusts and desires . that the power of the greatest things , and greatest power , ought ( de ivre ) of right to be in all the people , because their wisdomes , resolutions , and revenues considered altogether , are greater and more considerable then those of a few wise or honest men plased in the highest offices of magistracie , who are but a small particle of the state in respect of all the people . that the people ought to be of more power then the king or greatest magistrates to prevent their tyranny and oppression ; and that a king ought to governe by his lawes , and not to doe any thing against them , according to his lust ; wherefore he ought to have so much power and force wherewith he may protect the authority of the lawes : yea he must necessarily have forces and power , yet so much onely , as thereby he may be able to curbe every particular man , or many also : yet not so great power but that , a populo au●em universo idem rex ille ipse coerceri potest , the very king himselfe may yet be cvrbed by all the people : such guards verily the ancients gave to their kings when they would set any tyrant or governour over the city : and when dionysius required guards , a certaine syracusan perswaded them to curbe such guard● : to which polybius also suffragates . according to these rules of aristotle , i read in dionysius halicarnassaeus , and polybius , that in the lacedemonian common-wealth , the kings had not the chiefe dominion , so as they might doe what they pleased , sed summa totius reipub. administratio penes senatum erat : but the chiefe government of the whole commonweale was in the senate , from whence the romanes tooke their pa●terne . alexander ab alexandro , boemus , and xenophon write , that the lacedemonians sometimes elected a king out of the family of the heracli●●● , or of agis , but more often two joynt kings of equall authority out of the stock of proclus and aemisthenes , who yet had not the chiefe command as kings , quiajuris om●is publici potestas penes senatum erat , because the power of all publike law or rule was in the senate ( the better to keep their kings from attempting and usurping a tyranny ; they being kings rather in name then dominion , and like the achaean two annuall praetors ; whence aristotle makes them , the lowest ranke of kings . iohn bodin informes us , that in the lacedemonian aristocracie , the soveraignty remained in the state , wherein were two kings without any soveraignty at all , being indeed nothing else but captains and generals for the managing of their warres ; and for that cause were by the other magistrates of the state , sometimes for their faults condemned to pay their fine , as was agesilaus , and sometimes to death also , as was agis and pausanias : agis the last of the lacedemonean kings ( as plutarch records ) being apprehended and condemned by the ephori , without an indictment , and then hanged in a halter . finally aristotle himself , and xenophon informe us ; that the kingdom of the lacedemonians flourished very long , yea longer then any other forme of government , because their kings power was but small , and their kings never desired greater things then the lawes would beare , by which they had received their kingdome in the beginning : for in the beginning that kingdome was divided between two joynt kings : after which theopompus left it more moderated to his successours , and constituted the magistracie of the ephori ( who had power even to depose and execute their kings if they offended , and rose not up out of their seates unto them ; ) to retain that moderation ; by which meanes he verily weakned the power of the kingdome , but yet certainely setled it more lasting and stable : whence theopompus gave this answer to his complaining and upbraiding wife ; whether he was not ashamed to leave the kingdome lesse to his children then he had received it from his father ? no truly , saith he , for by this means i leave it more stable and lasting . a speech well worthy the consideration of the very greatest hereditary kings these lacedemonian kings ( whose honours , writes xenophon , were not much better then those of private men ; etenim , neque regibus animos addere tyrannicos voluit , l●curgus , neque civibus eorum potestatem invisam reddere , tooke an oath every month , to governe the kingdome according to the lawes enacted . i finde that the cumaeans had a magistrate whom they called phylactus , whose office was , to come into the full senate , and hold the kings hands who stood in judgement before them , untill by the senators decree , their reward or punishment was appointed . by which it is apparent , that the cumaean senate was above their kings , and did usually arraigne and punish them iudicially , if they saw cause ; as they rose up in armes against aristodomus their king , ( who tyrannized over them ) by zenocrita her instigation , slew him , and so recovered their liberties . the ancient carthaginians had two kings , whom they stiled suffites ; who were but annuall , removed every yeare ▪ yea , the iberians and parthians had two joynt kings in ancient times , the one to judge the other to governe the people . in meroe , where they elected their kings by their beauty , strength or wealth ; their priests had the chiefe power ; who had so great authority , that sometimes ( like the pope and his nuncioes ) they would send a messenger and command the king to be put to death , and make another in his steed . which custome was after abolished by one of the kings , who violently assaulted and slew all the priests : and in meroe if the king offended , after the priests power was abolished , they inflicted no corporall punishment on him , but all with ●rew themselves from him and avoided his company till he was killed with griefe and consumption . the indians will not permit their king to sleep in the day time , and if he be drunken at any time if any w●man ( of whom he hath a guard ) kill him whiles he is drunke● she is so farre from being guilty of treason , that for a reward , she shall be married to his successour : much like the ancient publike institution of the sclavonians , recorded by ●axo grammaticus , that the assassinate of evill kings should succeed them in their kingdomes ; a things frequently practised in many kingdomes ; and empires , though very ill enacted in any . the sabaeans confined their kings to their palaces , and used to stone them if they went forth of their bounds . the mosseriaei whose kings were elective , used to punish them , when they offended , by keeping them fasting a whole dayes space . among some of the indians , if the king dyes , having male children of his owne , or cosen-g●rmans , or brothers children , they shall not succeed him in the kingdome , but his sisters sonne , if there be any ; if not , then his next alliance ; and that , ex gentis instituto , by the institution of the nation ; the reason is , because their priests used to dest●ure the queene , whose issue is held to be illegitimate . in thracia , the people elect a king who is well qualified , mercifull , grave for his age , and one who hath no children : for no father , though never so well qualified , is admitted to raigne ; and if he fortune to have issue while he reignes , he is deprived , and so kept , lest the kingdome should become hereditary . yea , though the king be never so just , yet they will not that he should have the whole power , but appoint him . governours , left hee alone should judge in capitall causes : and if he be convicted of any offence , he is punished with death , yet not by laying violent hands on him , but by publike consent , all food is kept from him , so as at last he perisheth with famine . the taprobani had this custome , that no man who had any children should be chosen king , lest he should claime the kingdome as hereditary , and make it so . the athenians , ionians , milesians , marchomanni quadi , persians , sicilians , corinthians , parthians , meroes , gordii , medes , paphii , cathians , aetheopians , sydonians , germans , swedes , danes , and other nations had severall customes , lawes , rules , ( over-tedious to recite ) by which they elected and inaugurated their kings ( of which you may read in alexander ab alexandro strabo , boemus , peter martyr , purchas , and others ) and different degrees of power and government derived from their kingdomes and people , the soveraigne authority still residing in them to prescribe both laws and limits to their kings , and call them to publike account for their grosse offences and misgovernment . the ancient aethiopians elected the most fanatique priest for their king , whom though they adored and honoured for a god , yet vitam agere statvtam legibvs debet iuxta patrios mores , he ought to live such a life as the laws appointed him , according to the manners of the country , neither ought he to reward or punish any man himselfe , though chiefe par●s of royalty . the old german kings had no free nor infinite , but are strained and bounded power by the lawes . diodorus siculus writes , that the first egyptian kings lived not like other monarchs , to rule all things according to their wills , nullis obnoxii censuris , as obnoxious to no censures ; but all things , not only their publike actions , but even the regiment of their daily life , were conformed to the rule of the lawes ( as hethere manifests in sundry particulars ) botb in respect of their attendants , dispatches , devotions , recreations , moderate spare dyet , and the like ; neither was it lawfull for them to judge , nor doe any thing , nor punish any man out of petulancy or anger , or any other unjust cause , contrary to what the established lawes required concerning every of them . whiles they observed these things customarily , it was so farre that they tooke it ill , or were offended in minde , that on the contrary they thought they lived a most blessed life . for other men rashly giuing indulgence to the affections of nature , acted many things accompanied with losses and dangers ; yea some men ofttimes although they foreknew they should sinne , did notwithstanding perpetrate evill things , being led away with love or hatred , or some other perturbation of minde ; but they , imbracing the rule of life approved by the most prudent men , resolved not to erre from their duty in the least degree . whiles kings used this iustice towards their subjects , they had their subjects bound unto them in greater benevolence and love then their very kindred ; for not only the colledge of priests , but the whole nation of the aegyptians , and likewise every one of them were not so carefull of their wives and children and private goods , as of the safety of their kings : wherefore they preserved the estate of the republike intire for a long time under the mentioned kings , spending their life in greatest felicity , as long as this constitution of lawes flourished . and when these kings dyed , all the aegyptians generally mourned for them in an extraordinary manner divers wayes , made solemne orations in their praise , buried them with great pompe and solemnity , and erected pyramides to their eternall honour ; all which funerall pompous solemnities many ill kings wanted after their deaths , ob plebis refragationem , because the people gain-sayed it , ( who together with the priests and senates , who were ever present with the kings to assist , counsell , and direct them , were superiour to their kings , since they could thus decree or deny them these funerall honours ) which made many of their following kings to addict themselves to just actions too , for feare of contumelious handling and sempiternall ignominy after their decease . so this author . to which i shall adde xenophons definition of a kingdome and tyranny : a kingdome , is an empire over men by their free assents according to the lawes of the city : and a tyranny , is an unlawfull empire over men against their wills , which depends upon the will of the prince . and this observation of polybius , that kings in ancient times did give themselves wholly to doe that which was honest and just , and to suppresse the contrary ; the very beginning of all true kingdomes , and the end for which kings were first instituted by the people . whiles they thus demeaned themselves , they were subject to no envy , because they differed not much from others , neither in apparell , nor in meat and drinke , but observed a conversation of life conformable to other men , and lived perpetually like to others . but afterwards , when those who obtained the principality of succession , and the prerogative of their blood had those things already provided , which made them able to secure themselves , and to support their state , following their lusts by reason of their abundance , they then thought , it belonged to princes to be better clad then subjects , to exceed them in costlinesse and variety of meats , and to use venery with whom they pleased : hence envy and offence was begotten , and implacable hatred and anger kindled , and a kingdome by this meanes changed into a tyranny : hence men most generous and magnanimous bold spirits ▪ unable to beare such affronts and insolences of princes , seditiously conspire against them ; and the people having got such captaines to make resistance , joyne with them for the foresaid causes , that the princes may be repressed . and thus the forme of a kingdome and monarchy is utterly taken away by the roots , and the beginning of an aristocracy again laid , the people refusing to set any more a king over them , yet not daring to commit the republike 〈◊〉 many , fearing as yet the iujustice of superiours , and therefore most esteeme equality and liberty ; so that the soveraigne power of setling , of changing the kingdome and forme of government resides principally in the people , who ( as hee there largely proves by the lacedemonian and roman state ) ought to enjoy the supreame authority , and to be above their kings ; as it seems the aegyptians did , who deposed and expelled evergetes their king , for his cruelty , and after him their king ptolomaeus auletes , setting up cleopatra his eldest child in his thr●ne ; and as the romane senate did , who had power to dispose of the common treasury and revenue ( one of the greatest points of soveraignty ) to appoint lieutenants and governours of provinces , to grant triumphes , to dispose of religion : ( for which cause tertullian saith , that never any god was received in rome without the decree of the senate , ) and to receive , answer , and dismisse the ambassadours of kings and nations , which none else did but the senate ; whose soveraigne power was such , that tiberius the emperour in the beginning of his reigne called the senators ( assembled altogether in the senate ) indulgentissimos dominos , his most loving lords , ( and moved the senate , to divide the empire , & not to commit it all to one man , as we read in tacitus ) though they were his subjects and inferiours when divided and severally considered : and such soveraigne power had the panaetolium or generall assembly of parliament among the aetolians , who received and answered all embassadours , determined all affaires of warre and peace , it being provided by the lawes of the aetolians , that nothing should be intreated of concerning peace or war , but in their panaetolium or pelaicon councell , as livy and bodin record . but to leave these ancient , and come neerer our present neighbor kings and kingdomes of greatest eminencie and power , which may paralell our owne ; the kings of france ( to whom cassanaeus in his catalogus gloriae mundi , gives precedency before all others , and to the emperour himselfe , whiles but elect , before his coronation , ) have in ancient times been inferiour to their kingdomes , parliaments , and subiect to their censures even to deposition , if not more , though some cry them up for absoluts monarchs , and make them little better then tyrants now . iohn bodin , a learned french lawyer and statesman , writes , that in ancient times the kings of the cities of the gaules were subject to their states ; whom caesar for this cause oftentimes calleth reguli , little kings , being themselves subjects and justifiable to the nobility , who had all the soveraignty , causing them even to be put to death if they had so deserved : and that is it for which amphiorix the captaine generall , whom they called the king of the lingeois said , our commands are such , as that the people hath no lesse power over us , then we over the people : wherein he shewed evidently , that he was no soveraigne prince ; howbeit , that it was not possible for him to have equall power with the people , as we have before shewed : wherefore these sort of princes , if they , polluted with wickednesse and villany , cannot be chastised by the authority and severity of the magistrate , but shall abuse their wealth and power unto the hurt hurt and destruction of good men , it alwayes hath and shall be lawfvll not for strangers onely , but even for the subjects themselv●s also , to take them out of the way : but if the prince be an absolute soveraigne , as are the true monarchs of france , &c. where the kings themselves have the soveraignty without all doubt or question not divided with their subjects ; in this case it is not lawfull for any one of their subjects in particular , or all of them in generall to attempt any thing , either by way of fact or justice against the honour , life , or dignity of the soveraigne , albeit hee had committed all the wickednesse , impiety , and cruelty that could be spoken : so bodin . by whose words it is cleare , that the ancient kings of france we●e inferiour in jurisdiction to their whole kingdomes and parliaments , yea censurable by them to deposition or death : yet that their kings of late are growne absolute monarchs above their kingdomes , nobles , parliaments , and so not responsible to , or punishable by them for the grossest misdemeanours : but if this their absolute monarchy be onely an usurpation ( as many conceive it , ) not of right , by their parliaments and kingdomes free grants and consents , they are still , in truth , of no greater authority , nor no more exempted from iust censures , then their predecessours . now it is clear , that in ancient times , the . estates and great councell of france assembled in parliament , and their twelve peeres ( or kings as fabian termes them ) were the highest power and judicature , from which there was no appeale ; that the ki●gs of france could make no binding lawes but by their authority ( though now of late they doe what they please ) and that they have judged the differences between the crownes of england and france ( as i have formerly proved ) and exercised the same , or as great authority as the parliament of england hath done , which authority it hath lost by certaine degrees . to give a few more instances to cleare this truth . pharamond , the first king of the franks , that reigned in france , an. . was elected king by the unanimous vote and consent of all the people : and by their advice and consent , in his raign , the salique law was made to regulate the discent of the crowne , that no women should be heires to it , or claime it by discent ; which law continues of force un●ill this day , as all the french historians generally accord , who make frequent mention of it ; though our english have much oppugned it , as you may read in hall and speed childericus the fourth king of france about the yeare . giving himselfe to all vice and cruelty in such extreame wise , that hee became odible to his subj●cts , perc●iving the murmur of the people , and fearing his sudden destruction , by the counsell of guynemeus , fled out of his kingdome to beseigne king of thuringes . whereupon the french-men with one assent , chose gyll a roman , for their king and governour : who laying grieveous taxes upon his subjects by the fraudulent counsel of guynemeus ( a fast friend to childericus ) and using sharp , execution upon some of the nobles , so farre discontented his subiects that by the helpe of guynemeus , they deposed and chased him into soysons ; and sending for childericus againe , restored and made him king : after whose death his sonne clodoviu● , was by the people ordained and authorised for king of france : between whose foure sonnes it was afterwards divided after the death of chilpericus , clotharius being very young , gunthranus king of orleans his uncle ) with the assent of the nobles of the realme , was made his tutor : who comming to age , hee offered to referre the differences between sigebert and himselfe touching austracy , ( to which both laid claime ) to an assembly of the lords of that kingdome : and condemned queen brunicheild by the unanimous consent of the lords , to bee tyed by the haire of her head to a wilde horse taile , and so to be drawed while shee was dead ; for her many murthers and criminous deeds ; which was accordingly executed . king dagobert exercised such tyranny and iniustice in pillaging his commons by exactions and tributes , that those who dwelled in the out parts of the realme neere the turkes , and other strange nations , chose rather to put themselves under their government , than under the rule of their owne naturall prince : poytiers rebelled against him , his l●ds murmured so much against him , that pipin and martain ( two of his great lords and agents ) to save his crown , dissuaded him from his ill counsells : whence a little before his death , calling a great counsell of his lords spirituall and temporall , hee made his will , and setled his kingdome by their advice ; dividing it between his two sonnes . theodoricus king of france , giving himselfe to sloath and idlenesse , committed the government of the realme to ebroyn mr. of his palace , who did what he liked , and vexed and troubled the subiects grievously ; wherefore by assent , the lords assembled them , and by authority deprived the king of all dignity , and closed him in a monastery during the residue of his life , when he had borne the name of a king without executing of the art thereunto belonging , three yeares , the cruell ebroyn they exiled to luxenbourgh during life ; making childericus br●ther to theodericus king , ann. . who oppressing his subiects grievously , and using the lawes of his progenitors after his pleasure , and uniustly causing a noble-man called belin to bee tyed to a stake and beaten to death , without guilt or trespasse . hereupon the lords and commons , fearing like punishment without deserving , murmured and conspired against him , and slew him and his wife ( then great with childe ) as they were hunting in a wood : after which they restored theodericus ( whom they had deposed ) to his former dignity ; under whom ebroyn getting into place and favour againe , used such tyrannie towards the nobles and people , that pipin and martaine raised a great army against him , lest he should destroy the common-weale , gave him battell , and at last hermefreditus slew him : after which pipin was made master of the palace in his place . k. dagobert the second dying without any issue or knowne he●re at all , one daniel ( after named chilpericke ) a priest , was by the lords and peoples generall assent chosen king of france , anno . for that by their former experience of him , they deemed him apt for the rule of the land. after whose death , theodoricus sonne to dagobert , ( secretly fostered among nunnes within nunneries in womans cloathing ) was espied and admitted for king : during most of the forenamed kings , the grand master of the palace swayed the kingdome at his pleasure , and executed the office of the kings , who had nothing but the bare name of kings , and were subject to this grand officer : whereupon theodoricus dying , childericus his sonne being a sott , and for his dulnesse unfit to governe , charles martell master of the palace , ( who swayed all things in theodoricus raigne ) deceasing , his two sons charlemaine and pipin , by the advice of the nobles of the land , considering the insufficiency of the king to rule so great a charge , divided the land of france betweene them , so that either of them should under the king rule and governe such proportion as then there was to them appointed : charlemayne soone after renounced his government and turned monke ; and pipin , as onely ruler , tooke upon him the charge of the whole realme , pipin then considering in his minde in what danger and trouble before him , his father , and he now had ruled the land , and that the king to whom belonged all the charge , kept his palaces , and followed all his delights and pleasures , without taking any paine for reformation of the same ; sent an ambassage to pope zachary , ( asking his advice in point of conscience , ) whether it were more necessary or wealfull for the realme of france , that he should be admitted for king , that did nothing but apply his minde to all bodily pleasures , without care and charge taken upon him for the guarding of the land , and the people of the same ; or he that tooke upon him all the charge and paine in defence of the land , and keeping of the people in the due subjection ? to th●s the pope answered , and wrote back to pipin , that he was best worthy , and most profitable for the realme , to be admitted for king ▪ that ruled well the commonalty by justice and prudence , and the enemies thereof defended and subdued by his policie and manhood . aventine relates his answer more largely , in these words ; i finde ( saith zachary ) in the story of divine scripture , that the people fell away from their wretchlesse and lascivious king , that despised the counsell of the wise men of the realme , and created a sufficient man , one of themselves , king ; god himselfe allowing their doings : all power and rule belongs to god , princes are his ministers in their kingdomes ; and rulers are therefore chosen for the people , that they should follow the will of god , the chiefe ruler in all thing● , and not do what they life● he is a true king that guideth the people committed to his charge according to the prescript and line of gods law ; all that he hath , as power , glory , riches , favour and dignitie , he receiveth of the people , and the people , may when the cavse reqvireth , forsake their king . it is therefore lavfvll for the franks and germanes , refusing this unkindly monster ( childericke ) to chuse some such as shall be able in warre and peace , by his wisdome to protect and keep in safetie their wives , children , parents , goods and lives . which answer of the pope ( recited and approved in our owne king edward the confessors lawes , and childerickes deposition likewise chap. . ) being declared to the lords , barons , and commons of the realme ( whom this pope likewise wholly absolved from their allegiance to childericke ) soone after , they of one assent and minde ▪ proceeded , and deposed , and put downe their king and governour , childericke . being a sott , a foole , abeast , and one unfit to governe , and closed him in a monastery , after he had reigned ten yeares in the kings room , by name onely ; which done , they unanimously elected and crowned pipin for their king : by meanes whereof the royall line of moroveus after discents ended , and the crown was translated to pipins blood . which act in point of policie , is determined lawfull by polybius , who writes , that the reason why some kingdomes became hereditary , was onely this , because their first kings being vertuous and worthy men , they were perswaded their children would prove like them ; but if at any time they degenerat , and prove otherwise , and the posteritie of the first kings displease the subjects , they thenceforth make the kingdome elective ; chusing kings , not according to their strength of body and mindes attempting great things , but according to the difference of their will and reason manifested by their actions : and by aristotle , who informes us , that in kingdomes confirmed in succession of blood , this is to be numbred among the causes of their ruine , that the kingdomes descend to many contemptible and slothfull persons , who although they obtaine no tyrannicall but royall dignitie , yet they live lustfully and proudly ; and so the kingdome easily falls to ground , and becomes a tyrannie , the people being unwilling that such should rule over them ; and so either wholly alter the forme of government , or make choice of a fitter king for the necessary preservation of the state ; yea this election in poi●t of policie and divinity too , is justified and proved lawfull by buchanan , in his book de iure regni apud scotos ; by iohn mariana , de rege & regis instit. l. . c. , . by pope zachary in his forecited epistle , by king edward the confessor in his laws c. . by a generall councell of all the peers , and prelates of france ; convocato enim principum et senatorum concilio de commvni sensv et volvntate omnivn childericum solo nomine regem à regni fastigio deponunt , &c. ac omnibvs gavden●ibvs et volentibvs , pipinum super francos regnare facivnt ; writes antoninus : and in a word , our bishop bilson himselfe , an anti-puritane , and great royalist , affirmes , that if the king be a naturall foole , distracted , and altogether unable to governe , as childericke was , any realme , by publicke consent and advice , may choose another to govern them : of which more before . pipin deceasing , charlemain and charles the great , his sons , reigned joyntly over the frenchmen , by their joyous admittance . having now two kings instead of one lewes , sirnamed the godly , sonne of charles the great , ( a pious , yet unfortunate prince ) by meanes of his sonne lothair , was first imprisoned , and then by a councell and parliament held at compaygne , by authority of the spirituall and temporall lords , and of that parliament , discharged of all rule and dominion , as well of the empire , as of the realme of france ; after that shorne a monke , and thrust into the monastery of saint marke , where he was strictly guarded ; and when some of the nobles and people afterwards desired lothair to release and restore him to his former dignity ; he answered them : that the deposing of him was done by the whole authority of the land ; wherefore if he should be againe restored , it must be by the same authority , and not by him onely : after which by the lords assents hee was restored . lewes and charles , after lewes balbus their fathers death , were joynt kings of france , and being very young , by a parliament held at meaux , lewes the emperour , their vncle , was declared to be more apt to rule the kingdome of france , then these infants , or barnard their guardian , and these children held by some illegitimate . whereupon , by the greater number of voyces an ambassadour was sent to the emperour , to come and take upon him the rule of middle france , which he comming to doe , his nephewes friends compounded with him , and then caused these infants to be c●owned and proclaimed kings . charles the simple , at his fathers death , anno . being too yong to take upon him the charge of the realme , the lords of france put him under good and convenient guiding , and of assent they chose eudo , a man of great fame and worth , to be king of the land , for the terme of his life , and to guide the land , till charles should come to his lawfull age , whom they put under eudo his tuition , making him king in his stead , who was crowned of walter then archbishop of senys . after which when eudo knew he should dye , he called before him the lords and nobles of france , charging them by solemne oath , that after his death they should immediately crowne charles for their king ( whom he had brought up with diligence in learning and all princely vertues ) being then of age to governe . charles comming to the crowne , the danes miserably wasted ●is kingdomes ; whereupon his nobles and people assembled themselves in sundry companies , and w●nt to the king , shewing their misery and blaming his fearfulnesse and negligence , that he no more for him resisted the danes cruelty ; whereupon ( he out of feare belike , lest they should chuse another king to protect them ) compounded with rollo chiefe commander of the danes , giving him all normandy , and his owne daughter in marriage , to purchase peace ; charles being afterwards slaine by hebert earl of vermendoyes , algina his wife mistrusting the frenchmen , fled secretly with her young sonne lewes ( heire to the crowne ) to edward the elder into england : whereupon , that the land might not be without a ruler , the lords of france assembled at paris , and there tooke councell to elect a new king : where , after long debate , they named and crowned raulfe , sonne to richard duke of burgundy king , as next heire to the crown but young lewes : raulfe dying after he had reigned yeares , the nobles hearing that lewes was alive in england , sent for him into france and crowned him their king. lewes the . dying without issue , being the last king of pipens blood ( who enjoyed the crowne . discents ) hugh capet usurped the crowne , putting by charles duke of loraigne , vncle and next heire to lewes , whom by the treason of the bishop of lao● , he took prisoner : after which the crowne continued in this hugh and his heires . philip the . of france , by a counsell of his prelates was excommunicated for refusing to take ingebert his wife , whom he unlawfully put from him , and to renounce mary whom he had married in her stead ; and calling a parliament , they concluded , that king iohn of england should be summoned to appeare as the french kings liege-man , at another parliament to be holden at paris within . dayes after easter , to answer to such questions as there should be proposed to him for the dutchy of normandy , and the county of angeou and poytiers ; who not appearing at the day , philip hereupon invaded and seized them : after which , lewes the . and henry the . of england in a parliament at paris , made a finall composition for these lands . lewes the . being under age , was thought of many unsufficient to governe the realm and when he had a mind to goe to the holy warre ( as it was then deemed ) he did not undertake it , but by the advice of his great councell of spirituall and temporall lords and persons , who assisted him therein . philip the . in the . yeare of his raigne , raised a great taxe throughout france , ( which before that time was never heard nor spoken of ) by his absolute prerogative , without consent of his estates in parliament , which had the sole power of imposing taxes : which taxe all normandy , picardy and champaigne allying themselves together , utterly refused to pay : which other countries hearing of , tooke the same opinion , so that a great rumour and murmur was raised throughout the realme of france , in such wayes , that the king for pacifying the people , was faine to repeale the said taxe . lewes . of france dying without issue male , left his queen great with child , whereupon philip his brother reigned as regent of france , till the childe was borne , which proved a male , named iohn : who dying soone after , philip was crowned king at paris , albeit , that the duke of burgoyn and others withstood his coronation , and would have preferred the daughter of king lewes . but other of the lords and nobles of france , would not agree , that a woman should inherit so great a kingdome , it being contrary to the salique law : this philip by advise of evill counsell set a great taxe upon his commons to the fifth part of their movable goods , at which they murmured and grudged wondrous sore , and before it was levied , hee fell into a feever quartan and great flixe , whereof hee dyed : which sickenesse fell upon him by prayer of the commons for laying on them the said grievous taxes . charles the fifth of france , having a purpose to drive all the english ●u● of aquitaine , and other parts of his kingdome ; and being provided of all things which he thought needfull for the doing of it , yet would not undertake the warre without the counsell and good liking of the nobility and people , whose helpe he was to use therein : wherefore he commanded them all to be assembled to a parliament at paris to have their advice , and by their wisdome to amend what had by himselfe not altogether so wisely been done , and considered of . and this warre being at last decreed by the councell , prospered in his hand , and tooke good successe . whe●eas when the subjects see things done , either without counsell , or contrary to the wills and decrees of the senate or co●ncell , then they contemne and set them at naught , or elfe fearfully and negligently do the command of their princes ; of which contempt of lawes , magistrates , and sedditious speeches ensue among the people ; and so at length most dangerous rebellion , or else open conspiracy against the prince , as bodin observes . this charles dying without issue male , leav●ng his wife great with childe , philip earle of valoyes , his nephew , was by the barons and lords made protector and regent of the realme of france , untill such time as the queene was delivered ; who being brought to bed of a daughter onely , hereupon philip was crowned king. betweene him and king edward the third of england , and their councells , arose great disputations for the right and title to the crowne of france ; for it was thought , and strongly argued by the councell of england , for so much as king edward was sonne and sole heire to his mother queene isabel , daughter to king philip le beaw , that he should rather be king of france , then philip de valoyes , that was but cousin german to philip le beaw : of which disputations , the finall resolution of the lords and parliament , was , that for an old decree and law by authority of parliament long before made , ( which the english much oppugned ) that no woman should inherite the crowne of france ; therefore the title of edward by might of the frenchmen , was put by ; and philip by an act of the whole french state , ( by which his right was acknowledged ) admitted to the government of the same . after which one simon poylet was hanged in chaines , headed , and quartered at paris , for saying in open audience , that the right of the crowne of france belonged more rightfully unto king edward , then to king philip ; who had long warres about these their titles to the crowne . king iohn of france , in the fifth year of his reig●● , had by authority of the three estates of his realme assembled in ●arliament ( to wit of the spirituall lords and nobles , and heads of cities and good townes of his kingdome ) men waged for a yeare , granted to him to defend him and his realme , aga●n●t edward the third king of england ; who the next yeer following took king iohn prisoner in the field : whereupon charles duke of normandy , his eldest sonne , and heire apparent , assembled the estates at paris in a parliament there held , craving aid of them to redeem their captivated king ; who promised their uttermost help herein , desiring convenient time to consult thereof : which granted , the three estates holding their councell at the gray fryers in paris , appointed fifty person ▪ among them to take view , and make search of the grieyances and evill guidance of the realme ; who after examination appointed six of themselves to acquaint the duke , that the realme before time had beene misguided by ill officers , and except remedy for it were shortly found , it should stand in perill to be lost ; wherefore they besought him to discharge all such as they would name unto him , and over that to forfeit their goods to the kings use . and first they name peter archbishop of roa● , chancellor of france , sir simond de bury , chiefe counsellor of the king and parliament too , sir robert de lorize before time chamberlaine to the king , sir nicholas brake master of the kings palaces , engueram burgesse of paris & under treasurer of france , iohn pryll soveraigne of the money & kings accounts , and iohn channeon treasurer of the kings wars . all which officers they would should be discharged all royall offices for ever : also they would that the king of naverne ( then imprisoned by the king of france ) should be set free , and that duke charles himselfe would be contented to be advised and counselled by such as they should appoint unto him ; namely , by foure prelates , twelve knights , and twelve burgesses , which eight and twenty persons should have authoritie to rule and ordaine all things necessary for the realme , to set in and put out all officers appertaining to the realme , with divers other requests which unto the duke were nothing agreeable : vpon which requests the duke gave answere , that he would counsult with his councell , and thereupon would shape unto them some reasonable answere . but first he desired to know , what aide the three estates would give unto him , for delivery of his father : whereunto was answered , that the clergie had given a disme and a halfe to be paid in a yeare , with that , that they may have license of the pope , and the lords as much to be levied of their lands , and the commons the tenth penny of their moveable goods . the morrow following the duke and his councell met , and after many messages betweene them and the three estates , offers to reforme some part of the articles . but the estates firmely answered , that unlesse he would reforme all the said faults , and confirme the said articles to their minde , for the common-wealth of all the land , they should not aide him with their goods , like as they shewed him . the duke hereupon secretly acquainted king john of these proceedings , who wrote to him againe , that in no wise he should agree to the said requests , and to the end that these matters should not be touched in open parliament , he deferred the debate of them from day to day ; and at last by advice of his councell , dis●olved the parliament of the three estates , and commanded every man to returne home without any effect of their long counsell : wherewith many of the said persons were grievously miscontent , saying among themselves , that they perceived well this was done by the duke to the intent the requests by them devised , should not take place , but that the old misgovernance might continue like as before times it had done : wherfore divers of them assembled againe at the gray fryers , and there made out divers copies of the said requests , to bear them into their countries , and shew them unto the good townes . and albeit the duke after this councell thus disolved , asked ayde of the citie of paris , and other good townes to maintaine his wars ; he was plainly answered , that they might not ayde him , unlesse the three estates were againe reassembled , and that the grant of the ayde might passe by their authority : whereunto the duke in no wise would agree . in the mean time the estates of languedock assembled in their province by the earle of armenake , the kings lieutenant , to make ayde for the kings deliverance , agreed to purvey at their proper costs men at armes , with a furniture to every speare , and a souldiers on horsbacke , arbalestres , and others called gunsiers : all which to be waged for a whole yeare ; and farther ordained , that no man should weare any furres of great price : that women should leave the rich attire off their heads , and weare neither pearle nor gold upon them , nor silver in their girdles ; and that all manner of minstrelsie should be put to silence , so long as the king remained prisoner . the duke and his counsell after this , proclaimed at paris certaine coynes and values of money , newly ordained by them ; with which proclamation the commons of the city were grievously moved : and for reformation , the provost of the merchants with others , rode to the earle of angeou the dukes brother and lieutenant , ( who was then absent at meaux ) requesting him to cease the use of that money ; and if not they would use such meanes , that it should not be suffered to be put forth nor taken within the city : whereupon after long debate it was agreed , that the money should be stopped till the dukes pleasure was knowne : vpon whose returne , the dukes counsell sent for the provost , and desired him to suffer the said money to run and be currant throughout the said city ; which , the provost with his company utterly denyed : and after many great and bold words , departed from the counsell in great ire , and after their returne unto the city , incensed so the commonalty , that they set apart all workmanship and occupation , shutting in their shops , and drew unto their armour and harnes . the duke informed of this murmure of the commonalty of the city , straitly commanded the provost , that the kings peace were kept within the city ; and that he with certaine citizens should appeare at the palace before him and his counsell the next day , at an houre assigned : at which time the provost with his company came and were conveyed into the parliament chamber , where the duke and his counsell were present . then the duke after certaine challenges made to the provost for his obstinacy and misleading the commonalty of the city , said : that , albert the king by his prerogative , might at his pleasure , and for his advantage , make his monies when he would , and so to suffer them to be currant thorow his realme ; yet for the weale and ease of his subjects , considering their manifold and late charges , he was content , that at this season , this new money should be spared ; and that the . estates should be againe assembled , and that they should deprive all such persons then bearing offices as they should thinke prejudiciall to the realme , and over that , to ordaine such money as might be beneficiall for the land : of all which grants the provost , to the intent , that he might of authority shew them unto the common●lty of the citie , de●●ed a writing : the which the duke to appease the people , though it were much contrary to his minde and his pleasure , granted unto his request . the thirtieth day of ianuary ensuing , the duke , at the request of the said provost , sent certaine officers to the houses of simon de burg , and others accused of misgoverning of the realme , whose houses the said officers seized and made inventories of their goods : that done , the duke sent out commissions , and assembled the three estates againe at paris , the . day of february : where , in the parliament chamber in the presence of the duke , estates , and divers nobles , robert coke bishop of laon by command of the duke , made a long oration , of the misguiding the king and the land by meanes of evill officers , as well by changing of money , as other many unlawfull excises and taxes , to the great impoverishment of the commonalty of the realme , and to the singular enriching and advancement of the said officers ; wherefore the three estates prayed , that all such officers may be removed from their offices , and other that shall be thought more beneficiall for the king and his realme to be admitted : of which officers the archbishop of roan ( then newly made cardinall ) was noted for one , and other to the number of . whereof some were right neere to the duke . after which oration , sir iohn de pigquine , in the name of the three estates offered , that the three estates should finde to the king . men for an whole yeare , so as all things might after that day be ordered as the bishop had before devised : all which articles were unto them by the duke granted , and incontinently all such officers as they before had named were cleanly avoided , and other such , as by the said . estates were thought most necessary , were put and chosen to their roomes , except that some of the old ( as masters of accounts and some of the pr●●sidents and masters of the requests ) were holden in for a time , to shew unto the new , how they should order and guide their said offices : and the of march was a new money proclaimed thorow paris , such as the said . estates had newly devised . the king informed of this , sends the archbishop of sennes and two earles from burdeaux where he was prisoner , with a proclamation , which they caused to be proclaimed in paris the . of april , that the people should not pay such subsidies , as the . estates had ordained for the waging of the . men aforesaid , or for the kings fine ; and also that the . estates after that day should no more assemble for any causes or matter before touched , till they had farther knowledge of the kings pleasure : for which proclamation the citizens of paris much blamed the said bishop and earles , who purchased it , who as soone as this proclamation was made , for feare of the people , fled from paris . vpon this proclamation the commons waxed so mad , that they left their occupations , drew them to conventicles and companies , and used many unfitting words of the king and his counsell : whereupon to avoid inconvenience , the duke commanded a watch to be kept in the city day and night , and certaine gates of the city to bee kept shut . vpon the . day of april , another proclamation was made all contrary to that other . by vertue whereof , it was charged , that the fore-said subsidies should bee levyed , and also that the . estates shouldre-assemble at paris , the . day after easter , and there to proceed upon all such matters as were before by them bega● . when the estates meet againe there grew a difference between them and the duke , about the subsidies for the finding of . men , the summe assessed for that pu●pose being too small by much , the clergy and lords th●n refusing to pay any more then they were first sessed unto : by meanes of which difference , the assembly of state was dissolved . whereupon strait command was given by the duke to the provost of paris and others ( who bare principall sway within the city , and were great stricklers and doers in the assemblies of the . estates , so that much of the businesse was ruled by them and their meanes ; ) that they should cease their authority , and not to deale any more with the rule of the realme , but onely with the good rule and government of the city of paris : that done , the duke rode about to divers good townes , making request to them for ayde , and to have this new money currant among them . but he sped little of his purpose . then shortly after he assembled at paris certaine person of . or . townes next adjoyning , with whom he held a counsell for sundry dayes ; who in the end shewed him ; that they might bring no thing to effect without the assembling the . states , besought him that they might be eft-soon assembled , trusting that they would then satisfie his minde : upon which the duke sent forth commissions , charging the said . estates to appeare before him at paris the next wednesday after all saints day ; which they did , where the duke condiscending to their former articles he gave the king of navarre and the . estates full content ; who promised that they would demeane themselves to his father and him , as true and dutifull sub●ects ; and advising 〈◊〉 to take upon him the government of the realme , they created him regent of france , during his fathers imprisonment . after this hee assembled the estates and chiefe burgesses of cities at paris , and acquainted them with the king of englands large demands for his fathers inlargement ; which were so displeasing to all the company , that they answered , the said treatie was neither honourable nor profitable : and rather then the king should binde him and his land to such inconveniences , they would prepare to m●ke sharpe warre against england : whereupon they granted to finde divers thousands of men at arms , at their owne costs , for certain moneths , to relieve the king : and at another parliament assembled when iohn was dead , and charles came to the crowne , they granted an excise of every penny of all things bought and sold for the maintenance of his warres , the spiritualty granted him a disme , and the lords and gentlemen were stinted at a certaine . and in the eleventh yeare of his reigne , he assembled his great councell of parliament at paris , where among many acts made for the weale of the realme ; he , with the assent of the lords and commons there assembled , enacted for a law after that day to be continued , that all heires of the crowne of france , their fathert being dead , may be crownned as kings of france , so soone as they attained to the age of fourteene years . and in the fifteenth yeare of his reigne , the duke of flanders granted to those of gaunt such articles of agreement , for the confirmation of their liberties , the repealing of illegall taxes , the electing of their owne officers , the dukes councellours , and the like ( which you may read in fabian ) as plainly manifest this whole dukedome and people to be of greater jurisdiction then himselfe , though invested with regall authoritie , and that he had no power to impose any taxes on them , without their grant and consent ; the contrary whereof caused many bloudy warres among them . charles the seventh ( after fabians account , but sixt after the french history ) a childe of thirteene yeares , by reason of the difference between the lords who should be vic●gerent , was by the advice of the major part of the lords , for the common good of the realme , crowned at raynes within the age of fourteen yeares , contrary to a law made in the eleventh yeare of his father . in the fourth yeare of his reigne , the citizens of paris murmuring and grudging for divers impositions and taxes unduely leavied upon them , suddenly arose in great multitudes , intending to have distressed some of the kings houshold : whereupon soone after , the kings councell considering the weaknesse of the treasure , and his great charges and needs ; and assembling a parliament of the rulers of paris , roan , and other good townes , exhorted them to grant the king in way of subsidy , twelve pence in the pound , of all such wares at that day currant , for the defence of the realme and subjects . ●o the which request , after consultation taken , it was answered ; that the people were so charged in times past , that they might not beare any more charges till their necessity were otherwise relived : and so the king and his councell at this time were disappointed . in his seventh yeare , by the duke of angeau his procuring , a tax was laid upon the commons of france ( without the three estates : ) which to bring to effect , many friend● and promoters were made , as well of citizens , as others . whereupon the commons of paris and roan became wilde , assembled in great companies , chose them captains , and kept watch day and night , as if enemies had been about the citie ; utterly refusing to pay that tax . this charles being none of the wisest prince , ruled by his houshold servants , and beleeving every light tale brought unto him , marching against the duke of brittaine , as he came neare a wood , was suddenly met of a man like a beggar , which said unto him , whither goest thou sir king ? beware thou goe no further , for thou art betrayed , and into the hands of thine enemies thine owne army shall deliver thee . with this monition the king was astonied , and stood still , and began to muse . in which study one of his followers that bare his speare , sleeping on horsback , let his spear fall on his fellowes helmet ; with which stroke the king was suddenly feared , thinking his enemy had come unawares upon him ; wherefore in anger he drew his sword , slew foure of his owne kinghts ere he refrained , and took therewith such a deadly fear , as he fell forthwith distracted , and so continued a long season , being near at the point of death . vvhereupon his brother lewes of orleans , being but young , the states of france thought it not convenient to lay so heavy a burthen upon so weake shoulders ; wherefore his two vncles the dukes of berry and burgoine , by avthority of the states of the land , specially assembled in parliament upon this occasion , tooke upon them to rule the realme for that season , it being ordered by a speciall law , that they should abstain from the name of regent , unfit in this sudden accident , the king being alive , and of years : and because the duke of berry had but an ill name , to be covetous and violent and was therefore ill beloved of the french , his younger brother philip duke of burgoyn , had the chiefe charge imposed on him ; and though the title was common to both , yet the effect of the author tie was proper to him alone , who changed divers officers . after which the duke of orleance was made regent , being the kings younger brother , who p●essing the people with quo●idian taxes and ●allages , and the spirituall men with dismes and other exactions , he was at length discharged of that digni●ie , and the duke of burgoyne put in that authoritie . after this our king henry the fift , gaining a great part of france , and pretending a good title to the crowne ( recited at large by hall and iohn speed ) the frenchmen to settle a peace , made this agreement with king henry : that he should marry katharine the french kings daughter , and be admitted regent of france , and have the whole government and rule of the realme , during charles his life , who should be king of france , and take the profits of the crowne whilest he lived ; and that after the death of charles , the crowne of france , with all rights belonging to the same should remaine to king henry , and to his heires kings : that the lords spirituall and temporall , and the heads and rulers of cities , castles and townes , should make oath to king henry , to be obedient to his lawfull commands concerning the said regency , and after the death of charles to become his true subjects and liegemen ; that charles should in all his writing name king henry , his most dearest sonne , henry king of england , and inheritour of the crowne of france ; that no imposition or tax should be put upon the commons of france , but to the necessary defence and weale of the realme ; and that by the advice of both councels of the realmes of england and france , such stablished ordinances might be devised , that when the said realme of france , should fall to the said henry , or his heires , that it might with such unity joyne with the realme of england , that one king might rule both kingdomes as one monarch ; reserved alwayes to either realme all rights , liberties , franchises and lawes , so that neither realme should be subject unto other , &c. vvhich articles were ratified and agreed with the consent of the more part of the lords spirituall and temporall of france : but charles dying , his sonne charles the eight , was by some part of france , and many lords , reputed and knowledged king , but not crowned whiles the duke of bedford lived and remained regent , our henry the sixth , both in paris and many other cities , being allowed for king of france . after his death , his sonne l●wes the eleventh , ( as fabian accounts ) by strength of friends was crowned king of france ; who refused the counsell and company of his lords , and drew unto him , as his chiefe councellors , villaines and men of low birth , as iohn de lude , iohn bal●a , oliver devill , ( whos● name for odiousnesse he changed into daman ) with others , whom he promoted to great honours and places : vvhereupon the lords murmured , and were so discontented , that the duke of brittaine , and others , withdrew them from the king , and refused to come unto his presence when he sent for them , raising a great power : and when no peace could be mediated betweene the king and them , they met in a plaine battell at chartres , where many were slaine on both sides , but the king lost the field . after which an accord was made betweene them , but the king continued his old courses , delighting more in the company of lewd , irreverent persons , to eate and drink with them , and to heare them talke of ribaldry and vicious fables , then to accompany his lords , which might have won him much honour , going liker a serving man then a prince : and being a great oppressor of his subjects to maintaine hi● prodigality , for lack of money , he was driven of necessitie to aske a preste of the citizens of paris ; who , after many excuses , which might not be allowed , they lastly denyed the kings pleasure . vvherewithall he being grievously discontented , removed divers from their offices , and put many of the richest and head men of the citie to death , upon surmised causes , without proofs of justice : for which causes , and many other oppressions , the lords againe assembled their people , intending to subdue the king , and to set his brother in his place , or to cause him otherwise to rule the commonwealth : to which end all the lords met at a towne called stampes , where they continued their councell fifteene dayes , and then marched to paris , sending four severall letters unto the citie ; one to the bishops and spirituall men , the second to the consulls and headmen , the third to the vniversitie , the fourth to the commonnalty , signifying , that neither they nor any of their company were come thither as enemies to the citie , or to warre against it , or the commonwealth of the land ; but for the increase and augmentation thereof to the uttermost of their powers . vvhereupon these foure parties sent certaine orators for them to the lords , who after long communication with them had , returned to the citie with this report ; first , the lords would that the inhabitants of the city should consider the conditions of the king , which yearly oppressed his subjects with taxes and other grievous servages . secondly , how he despised the noble bloud of his realme , and drew to him villaines and men of no reputation , by whose counsell onely all the common-weale of the land was guided and ruled . thirdly , how hee ruled his subjects by force and will without administration of justice , and himself in all counsels and parliaments is iudge of all causes , and calleth himselfe counsels and parliaments more for this singular weale then for the common-weale of his realme . fourthly , how he enhaunsed men of low birth to great honours , and caused noblemen to be obedient unto them , intending to bring the said ignoble men to be equall with the princes of the land. fifthly , how the lawes be delayed and bolstered by such as stand in his favour , wherethrough at this day law is will , and will is law , and no man almost in any surety of life or goods ; insomuch that daily many have been banished and put to death for unlawfull causes , and also to any noble-man at this day no power or roome of honour belongeth ; so that to the wild beasts in the forrests appertaineth more liberty and surety then to the more party of the kings subjects . sixthly , the great taxes and summes of money which daily be levied of the commons be not spent in the kings honourable needs , and for the commonweale of the realme , but are spent vainly and riotously , and bribed out of the kings coffers ; for which enormities and misgovernance with many other , the said lords were come thither in defensible wayes for the safeguard of their owne persons , as to the head and principall city of the realme , for to have aide and counsell , to reforme the foresaid evills , not intending any harme to the kings person , or yet to remove him from his regality or kingly majestie ; but to induce and advertize him to that which should be for his honour and the weale of his realme , and to live in wealth and honour , as his noble progenitors lived before him ; for which causes and considerations , the said lords , as the kings true subjects , and friends to the commonwealth of the land , and of that city , desired to enter there to refresh them and their people , and to pay truly for all things they should take , without doing harme or violence to any person . all which requests and matters of the lords shewed to the inhabitants of the city , by fauour of some friends they there had , it was with the more partie well accepted , and thought convenient they should be received into the citie ; but by meanes of the earle of davoise it was respited , till they had further knowledge of the kings pleasure : who comming out of normandie into , paris after diuers skirmishes , the king and lords fell to a treaty of peace , whereupon commissioners on both sides assembled and communed together by sundry times two dayes ; in which season new strength of souldiers came to the king out of normand● . the treatie hanging long , and a longer truce being proclaimed , the souldiers fell to robbing , and other unlawfull acts ; and at last , through obstinacy on both parties , all offers were refused , and the day of the truces expiration approached , without hope of accord ; whereupon provisions for warre were made on both sides . then begun g●udges and murmures betweene the kings souldiers and the citizens of paris : and shortly after newes came to the king , that the castle and citie of roan was yeelded up to the duke of burbon : vvhereupon the king considering what great advantage the lords had of him , both by strength and favour of the commons , which daily drew unto them by sundry companies , in avoiding of more danger , concluded a peace : which being proclaimed thorowout all france , the king and lords met , to whom the king shewed great semblance of kindenesse , specially to his brother charles duke of normandy ; wherein appeared great dissimulation , lewes being of such conditions , that what he might not overcome with strength , he would win with dissimulation and treachery . not long after the king warred upon charles his brother , the duke of burgundy and brittaine , and a treaty of peace being propounded betweene them , charles answered , that if a perfect concord should be established between the king and him , it should be authorized by the whole consent and counsell of the barons of the realme . vvith which the king being content , at turon , in the moneth of april , a●d tenth yeare of his reigne , assembled a counsell of his lords spi●tuall and temporall , in the which the demands of charles , and offers of the king were shewed : and after the said counce●l had at length reasoned the said demands and offers , it was finally determined , that the dutchy of norm●ndy was so appropriated unto the king of france , and to his heires , that in ●o wise it might be dissevered from the crowne ; but that a perfect unitie might be had betweene the king and his brother , the king should be instanced to give yearly to his brother in recompence of the said dutchy , pounds of turon money , with certain land to be assigned with the name of a duke , and ann●all rent of like money during his naturall life , for such portion as he claimed to be his right , within the realme . to all which the king agreed , and to pardon the duke of offences against his majestie , and all such lordships as he had wonne from him in britaine , to restore : which offers charles refusing , was the yeare following contented with the dutchy of guyan onely , and so the warre of normandy ceased . after lewes his death most of his speciall and dearest beloved servants and ill councellours ( whom he specially recommended to his sonne charles the ninth on his death-bed ) came to disgracefull ends : oliver damman was beheaded for treason , and iohn doyacon for trespasse and hatred unto the common people by his desert , was with all shame brought to the market place at paris , and there bereft of both his ears , and then banished the court for ever ; by reason whereof arose this proverbe among the frenchmen , principibus obsequi haeredit arium non esse , the favour of princes is not hereditary . philip de commines living under lewes the eleventh , and charles the eighth , by whom he was made lord of argenton , being in high favour with them , and a great councellor of state , hath this notable passage , against the french kings power then to impose any taxes on their subjects , without their free assents in a parliament of the . estates , though the contrary be now daily practised , to the intollerable grievance of the subjects ; is there any king or prince that hath power to leavie one penny upon his subjects , besides his demains , without leave or consent of those that must pay it , unlesse it be by tyrannie and violence ? a man will say , that sometime a prince cannot tarry to assemble his estates , because it would require too long time . whereunto i answer● , that if he move a warre offensive , there needeth no such haste , for he may have leisure enough at his owne pleasure to make preparation ; and further , he shall be much stronger ▪ and much more feared of his enemies , when he moveth warre with the consent of his subjects , then otherwise . now as touching a warre defensive , that cloud is seene long before the tempest fall , especially when it is a forraine warre ; and in this case good subjects ought not to complaine , nor to refuse any thing that is laid upon them : notwithstanding such invasion cannot happen so suddenly , but the prince may have leisure at the least to call together certaine wise personages , to whom he may open the causes of the warre , using no collusion therein , neither seeking to maintaine a trifling warre upon no necessitie , thereby to have some colour to leavie money . money is also necessary in time of peace , to fortifie the frontiers , for defence of those that dwell upon them , lest they be taken unprovided , but this must be done measurably . in all these matters the wisdome of a sage king sufficeth , for if he be a just prince , he knoweth what he may do , and not do , both by gods lawes and mans . to be short , in my opinion , of all the seniories in the world that i know , the realme of england is the countrey where the commonwealth is best governed , the people least oppressed , and the fewest buildings and houses destroyed in civill warre , and alwayes the lot of misfortune falleth upon them that be authors of this warre : our king is the prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what the listeth upon his subjects , considering that neither he nor any other prince hath power so to doe ; and those that say he hath , do him no honour , neither make him to be esteemed any whit the mightier prince thereby , but cause him to be hated and feared of his neighbours , who for nothing would live under such a government : but if our king , or those that seeke to magnifie and extoll him , should say , i have so faithfull and obedient subjects that they deny me nothing i demand , and i am more feared , better obeyed , and better served of my subjects , than any other prince living ; they endure patiently whatsoever i lay upon them , and soonest forget all charges past . this ( me thinks , yea , i am sure ) were greater honour to the king , then to say , i leavie what i list , and have priviledge so to doe , which i will stoutly maintaine . king charles the fift used no such termes , neither did i ever heare such language proceed from any king , but from divers of their servants , who thought they did their master great service in uttering such speeches ; but , in mine opinion they misbehaved themselves towards their prince , and used such language , partly because they would seeme to be good servants , and partly because they knew what they said . but for a manifest proofe of the french mens loyaltie and obedience to their prince , we need alledge none other example then that we have seene our selves of late by experience , when the three estates were assembled at towrs , after the death of our master king lewes the eleventh , which was in the yeare of our lord , . a man might have thought this good assembly to be dangerous for the kings estate ▪ yea , and divers there wereof mean calling , and lesse honesty : that said then , and often said since , that it is treason to make mention of assembling the estates , and a thing tending to the diminishing of the kings authoritie ; but themselves are those that worke treason against god , the king , and the common-wealth ; neither doe any use these speeches , but either such as are in authorities without desert and unworthy thereof , or such as are common tale-carriers , and accustomed to talke of trifling matters , or such as feare great assemblies , lest their doings should there be ripped up and reprehended , &c. charles the eighth of france , beeing but thirteene yeares of age when the crowned descended to him ; hereupon in the year . a generall parliament was held at towrs , with more free accesse then had beene usuall , yet not so effectuall as was expected , every one seeking rather to maintaine his private authoritie then to procure the peoples ease . in this paliament the pragmatick sanction was restored , to use it as they had accustomed . the constables sword was given to the duke of bourgon , the government of the kings person to his sister , a cunning woman , and somewhat of her fathers humour ; but the name of regent was forbidden to them all , to prevent jealousies : and there was a counsell enacted of twelve , by whom matters should be dispatched in the kings name ; of the which lewes duke of orleance should be president . lewes discontented with the device , seekes to hold his ranke ; he pretends , that being the first prince of the blood , the regency belonged unto him : he assists at the councell in parliament , and in the assemblies in towne , and notwithstanding the last vvill of king lewes , and the decree of the estates , yet will he by force have the name and effect of regent . vvhereupon discontents arising , he leaves the court in discontent , and raised a civill warre . however , the estates setled the regencie and affaires of the realme . anno . francis the first king of france was taken prisoner by the emperour charles the fifth in the battell of pavia ; who by mediation of friends for his enlargement , sent the earle of reux his lord s●eward , to offer the king liberty , so as he would resign all the right she pretended in italy ; restore the dutchy of burgongue , as belongeth to him by right , with provence , and dolphine for the duke of bourbon , to incorporate them with other lands which he had formerly enjoyed , and to make all together a kingdome . moreover the emperour offered to give him his sister in marriage , propounding many other conditions ; so absurd and void of reason , as it is better to let the curious reade them in the originalls themselves . amongst all losses , that of liberty toucheth neerest ; but francis having learned to withstand all adversity with a constant resolution , said , i will dye a prisoner rather then make any breach in my realm for my deliverance , whereof i neither wil nor can alienate any part without the consent of the soveraign courts and officers , in whose hands remains the authority of the whole realm we preferre the generall good before the private interest of kings persons . if the emperour will treat with me , let him demand reasonable things which lye in my power , then shall he finde me ready to joyne with him , and to favour his greatnesse . the emperour seeing the king constant in this resolution , in the end yeelded to his delivery , upon these termes , that within six weekes after his delivery he should consigne the dutchy of burgongue to the emperour , with all the dependancies , as well of the dutchie , as of the county , the which should hereafter be sequestred from the soveraigntie of the realme of france ; that he should resigne to the emperour all his rights pretended to the estates of naples , milan , genoa , an● ast : that he should quit the soveraignty of flaunders and arthois , &c. hereupon the king being enlarged , and arrived at bayonne , he was required , to ratifie the accord , which he had promised to doe when hee came to a free place : but he delayed it with many excuses , giving the emperour to understand , that before he proceeded to such an act , it was necessary that he should pacifi● his subjects , who were discontented with bonds which tended to the diminution of the crowne of france , &c. after which , the pope and the venetians sending messengers unto him , he complained of the emperour , that he had wronged him in that he had forced him to make impossible promises , and that he would be revenged if ●ver occasion were offered ; and that he had often told him , that it was not in the power of a french king to binde himselfe to the alienation of any thing depending of the crowne , without the consent of the generall estates : that the lawes of christians did not allow , that he which was taken in warre should be detained in perpetuall prison , which was a punishment proper to malefactors , and not for such 〈◊〉 had bin beaten by the cruel●y of fortune : that all men knew that bonds made by constraint in prison , were of no value , and that the capitulation being of no force , the faith likewise which was but accessary , and the confirmation of the same could not be bound : that by the oath which he had taken at r●emes at his coronation , he was bound ( according to the custome of other kings of france ) not to alienate the patrimony of the crowne ; and therefore for these reasons he was no lesse free then ready to abate the emperors pride . the emperor growing jealous of the kings delayes , for ratification thereof sent one unto him , to be certified of his intent , who found him very unwilling to leave burgundy ; which being very prejudicall to the crowne of france , he said , was not in his power to observe ; and that hee could not alien the bourguinans without their assents in an assembly of the estates of the country ▪ which he intended to call shortly to know their minds . by which it is most apparent , that the kings of france have no power at all to dispose of their crown lands or alienate them to others ( as other subjects may doe ) because they hold them onely in the right of their crowne for their kingdomes use and service , the true proprieters of them . upon which very ground philip augustus king of france , anno . in a solemne assembly of the states at lyons , told walo the popes legate ( who came to prohibit his sonne lewes to goe to receive the crowne of england , because king iohn had resigned it to the pope ; ) that no king or prince can give away his kingdom without the consent of his barons , who are bound to defend the kingdome ; and if the pope decreed to defend this errour , he should give a most pernitious example to all kingdomes : domes : whereupon all the nobles of france began to cry out with one mouth , that they would stand for this article unto death , that no king or prince by his sole pleasure could give his kingdome to another , or make it tributary , whereby the nobles of the realme should be made servants : and the next day lewes his advocate alledged , that king iohn for his homicides and many of her enormities , was justly rejected by his barons , that hee should not reigne over them . that he could not give the crowne of england to any one without the assent of his barons ; and that when he had resigned it , he presantly ceased to be a king , and the kingdome became void without a king , and being so vacant could not be disposed of without the barons , who had lawfully elected lewes for their king : who in pursuance of this his title , ( which the estates of france held just , ) sailed into england , took possession of the kingdome , received homage of all the barons , and citizens of london , who joyfully received him , taking an oath upon the evangelists , to restore them their good lawes , together with their lost inheritances . henry the . of france being casually slaine by the earle of montgommery in running at the tilt , left the crowne to francis the . being but about . yeares of age , the queen mother , with his wives vncles the duke of guise , and the cardinall of loraigne , hereupon usurped the government of his person and realme , dispossessed the chiefe officers of the crowne , kept backe the princes of the blood from court , the true and lawfull governours of the state during the kings minority , and plotted the meanes to raise their race to the royall throne , by displacing all great officers , substituting others of their owne faction , and endeavouring to extirpate the protestant party , whom they feared as most opposite to their treacherous designes ; they doe and undoe , place and displace in parliament and privi● councell , like absolute kings ; they revoke all alienations for life or yeares made by the deceased king in recompence of any services , except sales ; they caused divers protestants to be put to d●ath , imprisoned , pillaged : wherewith the princes , officers and people being generally discontented , to redresse the present and prevent all future disasters that might ensue , require a generall parliament ( as the soveraigne cure for such diseases , whereby the queen mother might be put from her usurped regency , and those of guise excluded from the kings person ) who to please the king , perswade him , that their opposites sought only to bridle and make him a ward , and that he should hold them enemies to his authority and gvilty of high treason that talk of a parliament . the king of spaine to crosse them , by letters to the king his brother-in-law , declares himselfe ( for the good affection he bare to him ) tutor and protector of him , his realme and affaires , against those that would change the government of the estate , as if the king were not capable of the government . pleasant people , which reject so much the word of lawfull tutelage , and yet usurped it against the lawes and orders of the realme , holding it onely by tyranny . after this they cast many slanders on the protestants , put anne du burge and other councellours of parliament to death , pistoll anthony minard president of the parliament , publish sundry edicts against those of the reformed religion , promise great recompences to those that discover their assemblies , fill their prisons with them , imploy ayre , fire and water to ruine them , and kept the king from hearing his subjects complaints . the princes were kept backe , the greatest of the realme out of credit , threatned , and secretly pursued to death , the convocation of the estates refused , the parliaments corrupted , the judges for the most part at the guisians devotion , and the publike treasure , offices and benefices given to whom they pleased . this their violent government against the lawes , and orders of the realme , purchased them wonderfull hatred , and caused many which could no longer endure these oppressions , to consult vpon some ivst defence , to the end they might preserve the just and ancient government of the realme . they demand advice , tovching law and conscience of many learned lawyers and divines : who resolved , that they might lawfvlly oppose themselves against the government which the house of guise had usurped , and at need take armes to repvlse their violece ; so as the princes , who in the case are born magistrates , or some one of them , would undertake it , being required by the estates of the realme , or by the sounder part of them . they who first thought of this act of consequence , had severall considerations : some , moved with a true zeale to serve god , the king and realme , thought they could not doe a greater worke of pietie , then to abolish tyrannie , rescue the state , and to finde some meanes to ease them of the religion . there were others desirous of change , and some were thrust on with hatred , for the wrongs which the house of guis● had done them , their kinsmen and friends : yet all had one designe to suppresse this unlawfull government . in these consultations it was held necessary to seize on the duke of guise , and the cardinall his brother , being advowed by one chiefe member of the state , and then to require an assembly of the three estates , to the end they might yeeld an account of their government , & provide for the king and realm . after which they make the prince of conde acquainted with this their designe , & engage him in this quarrel ; which being discovered , produced a long bloody civill war against the protestants , under this and the two succeeding kings ; in which warre , those that died , departed this world with this singular content , to have couragiously sacrificed their lives for their countries libertie : so the generally history of france ; in which and in richard dinothus you may read at large , both the history and the lawfulnesse of this defensive warre , overtedious to transcribe . francis dying , the crowne descended to charles the ninth , being but eleven yeares of age , and a parliament of the estates being assembled on the three and twentieth days of december , . the queene mother was thereby allowed and confirmed regent during the kings minority : in severall parliaments contradictory acts are made , some restraining , others granting the free exercise of the reformed religion thorowout the realme . the guisian popish faction , being the strongest party , most powerfull at court , and intimatest with the king , notwithstanding all acts for the protestants immunitie and libertie of conscience , impose divers illegall restraints upon them , commit many outrages and massacres on them , for which they could have no redresse ; whereupon for their own defence and preservation , after many fruitlesse petitions , & delusory promises , they take up arms ; whereupon many bloody civill wars ensue . many propositions and overtures of peace were made by the guisian royall party , not one of them reall , but all to get advantages , and over-reach the protestants , against whom they had the most mischievous designes in agitation , when they seemed most earnestly to desire peace . four or five severall conclusions of peace were solemnly made and ratified betweene them , but no sooner made and proclaimed , but presently violated of the king and popish party , by massacres , and new treacherous plots to extirpate the protestant party ; so that every accommodation proved but a seminary of a new and more bloody warre , almost to the utter ruine of france . in the yeare . when a publicke peace was made , and all differences to outward appearance , buried in eternall oblivion ; the king , contrary to his faith and oath , caused the admirall of france , ( the protestants chiefe pillar ) as he departed from the councell to dinner , to be shot with a harguebuze , which carried away the forefinger of his right hand , and wounded him in the left arme the king to colour this treachery , sweares with an execration to the king of navarre , and others who complained of this outrage , to take such exemplary punishment on the offendors , as the admirall and his friends should have cause to rest satisfied , commands them to be pursued , appoints three of the parliament to make information against them , protests after this again and again , to be exceeding sorry ; that this act touched his honour , that he will be revenged for it , so as the memory thereof should remaine for ever ; writes to the governours of the provinces , chiefe townes , and magistrates , that he would take such order as the authors of so wicked an act should be knowne and punished : and to his ambassdours to forraigne princes , that they should make it knowne to all the world , that this outrage did displease him . and for the admirals safetie , he commands the captaines of his guards , to give him as many of his guard as he pleased , to suffer no papist to enter his lodging ; and adviseth all the gentlemen protestants then in paris to lodge about the admirals lodging . but all this court holy-water was onely to keep every bird within his owne nest , and a pitfall to entrap the chiefe of the protestants : for the same day after dinner , the king and queene mother , the duke of guise , and others , take counsell to murther the admirall , and all the chiefe protestants , the night ensuing , not onely in paris , but thorowout all france , whiles they were sleeping in their beds . which most tyrannicall barbarous tragedie was accordingly acted , the admirall slain in his lodging , and his head cut off , carryed to the king and queen mother , who causing it to be embalmed , sent it to the pope and cardinall of lorrain , for an assurance of the death of their most capitall enemy : all the protestants , noblemen and gentlemen , lodging in the admiralls q●arter , undergoe the like butchery ; the streets of paris are strewed with carkases , the pavements , market places and river dyed with protestant blood , about ten thousand of them being thus treacherously massacred in their beds , at such a season when they thought themselves most safe , and that on the lords owne sacred day , a very unsutable time for such a bloody , prophane , infernall sacrifice . no sooner was this m●tchlesse treachery of this king against his owne naturall subjects executed , but he avowes and justifies that which he but the day before so solemnly and openly disclaimed , as a meanes to cut off all commotions for time to come . but this blood-shed begat new warres , and made the protestants in languedoc , rochell ; and other parts , to take up armes in their owne defence , and stand more strictly on their guard than ever before : and god himselfe out of his divine justice , after this horrible butchery committed by this dissembling , cruell , blasphemous king , smote him with an answerable disease , causing him to wallow in his owne blood , which he pitifully vomited out in great abundance , by all the conduits of his body , for div●rs houres , till he dyed : ( a just judgement for him that barbarously shed blood thorowout all the provinces of the realme ) he in the mean time tossing in his bed , and casting out many horrible blasphemies . a notable spectacle for all unnaturall fidifragous princes to looke on , who imbrue their hands in the blood of their christian subjects . vvhich crime ( as the authour of the french history observes ) made his reigne cursed in the city , and cursed in the field ; cursed in the beginning , and cursed in the ending ; mortalitie , sword , famine , cursing , feare , and desolation , following it even unto the end . i shall conclude his reigne with the words of the french history ; doubtlesse god loves not the prince that thirsts after his subjects blood , for the subjects blood is the very blood of their prince . charles dying without heire of his body , the crowne descended to his brother henry the third , then king of poland , anno . his first designe was to extirpate the huguenots and protestant religion thorowout the realme , though the emperour maximilian told him , there is no sinne so great as to force mens consciences , and such as think to command them , supposing to win heaven , doe often lose that which they possesse on earth . his pernicious cabinet councellors , to effect this designe , cause him first to protest by sundry proclamations , his love to the good of his subjects , and to abolish what was past , so as they lay aside armes , de●iver him all his townes , and live quietly in their houses , without any search , constraint , or molestation for matter of conscience . a policie practised onely to bring the protestant party into slavery , all those proclamations making no mention of liberty of their religion , neither of a parliament for the publike government , nor of a nationall councell for matters of conscience : hereupon the protestants stood the more upon their guards , they are full of jealousie , distrust , doubt , feare ; the king and his popish councell indeavouring by this wile to keepe the protestant party at a gaze , whiles they in the meane time made great preparations underhand to put a●mighty army into the field , to ruine them without hope of rising : so they arme on all sides , especially in poicto● ; the protestants are besieged , assaulted in many places , and so manfully repulse their assailants , that they are willing to hearken to a treaty of peace ; wherein the protestants demanding free exercise of their religion thorowout all france , new chambers in the parliament for the execution of justice , punishment of the murtherers of them , ease of imposts , a free assembly of the generall estates , and an assurance for the entertainment of the pretended peace . the king after fifteene dayes conference , promiseth to content them all , but he will have them to referre these demands to his will ; and so the treaty vanished into smoake , and new warres sprung up in every place with new court-designes to undermine and circumvent the protestants , who are aided by a german army , anno . the queen mother seeing the protestant party prosper in their warres , makes a peace betweene the king and them ; who grants the protestants all their former demands , restores divers of them to their goods , offices , honours : avows by a solemne declaration the massacres of them , anno . to have beene committed against all right and law of armes ; he ordained that the children of such gentlemen as had beene murthered , should be restored to their parents goods , and freed from all charges of warre , yea , he avowed their taking up of armes , as taken for his service , &c. which articles , with the kings edict thereon , were allowed by the parliament at paris . but no sooner were their forces disbanded , but they began to finde this peace to be counterfeit , being onely made to dis-arme them , and divide their commanders : none of the premises being really performed . in the mean time the house of guise and their faction send their agents to rome , and spaine , to joyne with them in a catholike league , and under pretence of extirpating heresie , and establishing the roman religion thorowout france , endeavour to settle the crowne upon themselves : their chiefe designes were , to overthrow the succ●ssion of the crowne brought in by hugh capet , in the full assembly of the estates , and to make the naming of a successor subject unto the said estates , to cause the princes of the blood that should oppose against the decrees of the estates to be declared uncapable of succeeding unto the crown ; to make the estates protest to live and die in the faith set downe by the councell of trent ; to cause it to be signed in the open parliament ; to revoke and anull all publike edicts in favour of the protestants and their associates , and to pursue them to the death , that should hinder the extirpation of heresies , &c. these articles of association were first drawne at peronne in picardy , but disguised with goodly shewes , to blinde those that would examine them more exactly , as being onely to maintaine the law , and restore the holy service of god ; to preserve the king and his successors in the estate , dignitie , service and obedience due unto them by their subjects ; to reserve unto the estates of the realme , their rights , preheminences and ancient liberties . and for the execution of these articles , a certaine forme of oath was propounded , inflicting pains of eternall damnation to the associates , that for any pretext whatsoever should withdraw themselves from this league ; and a bond for such as should be enrolled , or imploy their goods , persons , and lives , to punish , and by all meanes to ruine the enemies and perturbers thereof , and them that should faile , or make any delayes , by authorities of the head , as he should thinke fit . soone after a parliament of the three estates is assembled at bloyes , where the catholike leaguers , after much consultation , caused the last edict of pacification , in behalfe of the protestants to be revoked , and procured an edict for the exercise onely of one religion ( to wit the popish ) to be tolerated within the realme . the king of navarre , the prince of conde , the marshall of montmorancy , with divers other noblemen of both religions , foreseeing these practices , and refusing to assist at this pretended parliament , concluded a nullitie of all that should be decreed to prejudice the former edict of pacification ; protesting , that they were resolved to maintaine themselves in the rights , liberties , and freedomes which the edict had granted them . that the troublers of the publike quiet , and sworne enemies of france should finde them in a just defence , and they should answer before god and men for all the miseries that should ensue thereby : yea the prince of conde answered more sharply , that he did not acknowledge them assembled at bloys for the estates of the realme , but a conventicle of persons corrupted by the sworn enemies of the crowne , who have solicited the abolition of the edict , to the ruine and subversion of the realme : that if they had beene lawfully called , he would have assisted , for the sincere affection he beares to the kings service and the quiet of his countrey ; that he will never give his consent to the counsels of the authors of so many confusions which he foresees , &c. hereupon a sixt civill warre begins betweene these catholike leaguers , and the protestants , whose good successe caused the king , an. . to make a new peace with the protestants , and grant them their former immunities . the leaguers discontented herewith , begin to cast forth libels against the king , disgrace him in companies as a sardanapalus , and idle chilpericke , 〈◊〉 to be shaved and thrust into a cloyster ; they cause the preachers publikely in all places , to terme him a tyrant , an oppressor of his people by taxes , and a favourer of heretikes : and under a pretence of suppressing heretikes , reforming publike oppressions ; and settling the succession of the crowne in case the king should die without heire , they , contrary to the kings command , ( who disavows them , and forbids all leavyes of warre ) raise a great army , and so enforce the king to publish a declaration in his owne justification , and to procure his peace with them , to revoke all edicts made in favour of the protestants , and make open warre against them . hereupon the king of navarre ( next heire apparent to the crowne ) for preservation of his owne interest and the protestants , complains against the kings proceedings . layes open the mischievous plots of the leaguers : and then with the prince of conde and other nobles , gentlemen , provinces , townes , and commonalties of both religions , he protests , by a lawfull and necessary defence to maintaine the fundamentall lawes of families , and the estates and libertie of the king , and queene his mother . the leaguers hereupon procure pope sextus the fift , to excomunicate the king of navar , and prince of conde , to degrade them and their successors from all dignities , from their pretentions to the crowne of france , and to expose their countries and persons in prey to the first that should seize on them . the court of parliament declares this bull of the pope to be void , rash , insolent , strange , farre from the modestie of former popes , pernicious to all christendome , and derogating from the crowne of france : the princes likewise protest against , and appeale from it , as abusive and scandalous , to the next free and lawfull councell . the leaguers pursue their begun warres against the king of navarre and protestant party ; who protest to use all lawfull meanes to resist the violence of their enemies , and cast all the miseries that shall ensue upon the authors thereof . fresh warres are hereby prosecuted against the protestants by the leaguers , german forces come in to ayde the protestants ; after macombates the king desires peace , but the leaguers will have none ; and assembling at nancy , they endeavour to force the king to make his will , and allow the regency unto them ; to which end they conclude , that the king should be urged to joyne his forces effectually with the league , to displace such from their offices as should be named , to bring in the in the inquisition of spaine , and publish the councell of trent , but with a moderation of such things as derogate from the priviledges of the french church ; to consent to the restauration of the goods sold by the clergy for the charges of the warre , to give them townes to be named and fortified as the time and necessitie required , to forfeit the huguenots bodies and goods , and to entertaine an army upon the frontiers of lorraine against the germanes . after which the duke of guise approaching to paris , enters it against the kings command , who was jealous of him ; mutinies the citizens against the king , who thereby is forced to retire from thence for feare of being surprized by the duke , who plotted to seize his person . after which the duke by the queene mothers mediation , is reconciled to the king ; who for feare of his power , by an edict of re-union , admits no religion but the popish , promiseth never to make peace nor truce with the heretikes nor any edict in their favour ; bindes his subjects to sweare , never to yeeld obedience after him , to any prince that shall be an heretike , or a favourer of heresie ; degrades from all publike charges , either in peace or war , those of the reformed religion ; promiseth all favour to the catholikes , declares them guilty of high treason who shall refuse to signe to this new union , and shall afterwards depart from it , but signing this forced edict , he wept . to establish which edict , and work their further ends , the leaguers cause the king to summon a parliament of the . estates at bloyes , procuring those of their faction to be chosen of this assembly : where establishing the former extorted edict , they thereby exclude the king of navarre , ( an herelike as they deemed him ) from the crowne of france , to which he was next heire : an heretike cannot reigne in france , it is an incompatible thing with the coronation and oath which he ought to take ; hurtfull to the honour of god , and prejudiciall to the good of the realme : then they declare the king an enemy to , and oppressor of his people , a tyrant over his realme , that so the people should presently resolve to confine him unto a monastery , and install the duke in his throne . and at last , the king being certainly informed of the dukes traiterous designes to surpize him , and usurpe his throne , caused the duke and cardinall of burbon ( the chiefe heads of the league ) to be suddenly slaine , and others of them to be imprisoned . hereuppon the parisiens mutinie , and take up armes afresh ; the colledge of sorbone concluded by a publike act of the seventh of ianuary , . that the people of france are freed from the oath of obedience and fealty which they owed to henry of valoys , and that lawfully and with a good conscience they may arme against him , receive his revenues , and imploy it to make warre against him . after which the assembly of the estates dissolving , the parisiens imprison the court of parliament at paris , till they condescended to their pleasures , and confirmed a generall councell of the union , consisting of fourty choice men of the three estates , to dispose of the publike affaires , and conferre with the provinces and townes of the league . to which many assistants were afterward added by the nobles , and a declaration ( in manner of an oath ) for the entertainment of the vnion , made , sworne , and subscribed to by many ; one of which prickt his own arme , to signe it with his owne blood , and became lame thereby . the people condemne , imprison , spoile , ransom of their absolute power , and sell the goods of any that bears not the mark of their inraged faction . hereupon the king turning his lenitie into fury , proclaims them rebels and traitors , if they come not in and submit by a day ; and reconciles himselfe to the king of navarre : they go on with greater insolency then before , set out a great army under the duke of mayenne ; crave assistance from the pope and king of spaine ; surprize divers townes , robbe churches , ravish wives and virgins , murther men of all sorts even before their altars , commit all the outrages , wickednesses which irreligion and impiety could invent in madd souldiers . the king at last besieged paris , take some of the outworks , and was like to master the citie ; but in the middest of this attempt he was stabbed in the belly with a knife , by iames clement , a iacobin friar of two and twenty years old , ( sent out of paris to act this tragedie on the kings person ) who vowed to kill the tyrant , and to deliver the city besieged by se●nacherib . the murtherer was presently slaine by those who came in to assist the king , who within few houres after died of this wound , which he received in the self-same chamber wherein the counsell for the massacre of the protestants was held on that fatall day of saint bartholmew , . a notable circumstance of divine justice upon this prince , who being ever a zealous promoter of the romish religion , was murthered by a zealot of it , and had his owne blood shed by those who spurred him on to shed the blood of protestants , in the very chamber where the most babarous massacre of protestants that ever the world beheld , was contrived . henry when the pangs of death seized on him , declared henry the fourth , king of navarre ( his brother in law ) the lawfull successor of the crowne of france , as in truth he was , notwithstanding the edict of bloys to exclude all heretikes from the crowne . the parisiens and holy vnion refuse to accept him for their soveraigne , proclaiming charles the tenth for their king , and triumphing exceedingly at henry his death . the parliament at bourdeaux commands all men under their jurisdiction , by a decree of the nineteenth of august , . to observe inviolably the edict of vnion in the catholique , apostolike and romish church ; and declarations are hereupon made . the parliament of tholousa is more violent ; they decree , that yearly the first day of august they should make processions and publike prayers for the benefits they had received that day , in the miraculous and fearfull death of henry the third , whereby paris was delivered , and other townes of the realme ; forbidding all persons to acknowledge henry of burbon , the pretended king of navarre , for king ; declaring him uncapable ever to succed to the crowne of france , by reason of the notorious and manifest crimes contained at large in the bull of excommunication of pope sixtus the fifth . the court of parliement at r●an , no lesse violent and presumptuous then that of tholousa , pronounced them guilty of high treason , both against god and man , and the estate and crowne of france , that had opposed themselves against the holy vnion , and all royalists and their successors deprived of all prerogatives of nobility ; their offices to be void , not to be recovered , and all their goods forfeited : anno . they renew this edict every eight moneth . thus the league kindled afresh the fire which the siege of paris had somewhat quenched : the king raising his siege before it , and returning to arques , the leaguers army followed him , and are there defeated : after which the king with a small army gaines many great conquests , which amaze the leaguers ; he be●iegeth paris above three moneths , where more then one hundred thousand people died of famine , yet they force the parliament to pub●ish a decree the fifteenth of iune , . forbidding upon pain of death all men to speak of any composition with henry of burbon , but to oppose themselves by all meanes , yea , with the effusion of their blood . but the belly hath not ears , the people are not fed with paper , or promises , they mutinie and demand peace ; whereupon deputies are sent to the king to treat a peace ; who to defeat the spanish army called in by the leaguers , raiseth his siege , and routs the spanyard , with other forces of the league in sundry places , which makes many desire peace ; yet by meanes of pope clement the eighth his bull , the duke of mayenne , and the popes legate , they intend to summon a convocation of the estates of paris to elect a new king , desiring the cardinall of placentia to assist and confirme this their intended future election . the parliament of paris removed to chaalons gives sentence against the popes bull , and nulls it : the king sets out a declaration against the leaguers as traitors and rebels , declares this assembly of the estates without his authoritie , to be against the lawes , against the good and quiet of the realme , and all that should be treated or concluded therein , abusive , and of no force . on the contrary , the popes legate , by a publike exhortation full of injuries , labors to perswade the french , that the king , long since dismembred from the bodie of the church , was most justly pronounced uncapable of the crown . the spaniyards lobouring the estates to elect the infanta of spain king ; the parliament of paris by a decree of the eight and twentieth day of iuly , declare all treaties made or to be made to that end , void , and of no validitie , as being made to the prejudice of the salique law , and othe fundamentall lawes of state. the king to quiet these differences , and gain peaceable possession of the crown , most unworthily deserts his religion , reconciles himselfe to the church and pope of rome ; yet one peter barriere ▪ seduced and perswaded by a capuchin of lyons , aubry a priest of paris , and father varide a lesuite , was apprehend●d at melua , and executed , for attempting to murther the king with a sharpe two-edged knife , which fact he confessed , after this the townes subject to the league , returne by degrees to the obedience of the crown ; the king is solemnly crowned at chartres , rhemes shutting the gates against him . this done , he surprizes paris , and notwitstanding their former ●ebellions , grants them all free pardon upon their submissions . the parliament at paris disanuls all the decrees of the league , and pretended assembly of estates , as void , and done by private persons , without due election ; grants processe against the iesuites , as chiefe pillars of the league , disgracing the new kings majesty , and the memory of the deceased king in their sermons ; and perswading the execrable attempt of peter barriere to stabbe him ; the cardinall of burbon , the duke of nevers with others , protect and s●e for them ; who soone after suborne iohn chastle , one of their novices , ( of the age of eighteen years ) to stabbe the king ; who creeping into the kings chamber at the lonure in paris , among the presse , december . . and thinking to stabbe the king in the belly , as he resolved , struck him on the upper lip ▪ and brake a tooth , as he stooped to take up some gentleman who saluted him ; for which fact he was condemned by the parliament as guilty of high treason , his body adjudged to be torne in peeces by four horses , then burnt to ashes and cast into the winde , and all his goods confiscate to the king : all the iesuites , with their schollers , were hereupon banished the realme , as corrupters of youth , troublers of the publike quiet , enemies of the kings state , and none of them to remaine above fifteen dayes , nor any to harbour them within the realme under paine of high treason . i have heard from a gentleman of credite , which served this king , that when he was thus stabbed in the mouth by chastle , one of the religion gave him this christian admonition , sir , you have denied god already with your mouth , inrenouncing the protestant faith , which you once professed ; now god in his justice hath permitted this iesuite , of that religion you revolted to , thus to stabbe you in the mouth : o take heed you deny him not in your heart , lest the next stroke they give you be to the heart . which fell out accordingly , for after four or five more severall attemps of the iesuites and papists to murther him ▪ which were discovered and prevented , he was stabbed to death with a knife by one francis ravillac , ( a papist at the iesuites instigation ) as he was riding in his caroch neare to innocents church in paris , for suffering two religions in the kingdome , as the traitor professed . this villaine stabbed him first in the left pap , and next between the fift and sixt ribbe , cutting asunder the veine leading to the heart , and entring into the cava vena ; and being dead the iesuites of his royall colledge at la fletche ( whom he restored and favoured exceedingly , notwithstanding their former treasons , and banishments of them out of france , causing the pyramis erected by sentence of parliament as a monument of their treasons to be rased , and yet were found to have a chiefe hand in this his death ) begged and procured his heart to be there interred : o the admirable passages of divine iustice , that those two henries , who most advanced the popish religion , and abandoned the protestant faith to humour the iesuites and papists , thereby to secure their crownes and lives , as they beleeved , should thus fatally perish by those of that religion , and their unlawfull revolts thus used to preserve their lives ; whereas our nobler queen elizabeth continuing constant in her religion , notwithstanding all allurements menaces and attempts upon her person , to withdraw her from the truth , was miraculo●sly preserved from all the bloody assaults of this infernall generation of romish vipers , and went to her grave in peace . but to return to this kings actions ; anno . king henry calls a generall assembly at roan ●n forme of a parliament , where he speaking to the assembly , told them , that at his coming to the crowne he had found fr●nce not onely ruined , but almost all lost for the french , but by the grace of almighty god , the prayers and good counsell of his subjects , the sword of his princes , and brave generous nobilitie , and hi● owne pains and labour , he had saved it from losse ; let us save it now from ruine , participate with me , my dear subjects in this second glory , as you have done in the first ; i have not called you as my predecessors did , to make you approve my will , i have caused you to assemble , to have yovr covnsels , to beleeve them , and to follow them ; finally , to pvt my selfe into yovr hands : a desire which seldome commands kings that have white hairs and are conquerours ; but the love i beare unto my subjects , and the desire i have to adde these twoo goodly titles to that of king , makes me to finde all easie and honourable . after this the king and parliament set forth divers edicts , against the transportation of gold and silver , the wearing of gold & silver , excessive usurie , advocates extortions , duels , bankrupts , and the like . this martiall king being murthered by ravillac , as aforesaid , the crowne descended to lewes his sonne , not then ten years old : the court of parliament at paris having notice of his death , made this decree in parliament , may . anno . whereas the kings attorney generall hath informed the court of parliament , and all the chambers thereof assembled , that the king being now murthered by a most cruell , inhumane and detestable paricide , committed upon his most sacred person , it were very necessary to provide for the affairs of the present king , and for his estate , and hath required that there be present order given concerning the service and good of his estate , which cannot be well governed by the queen , during the minoritie of the king her sonne ; and that it would please the said court to declare her regent , that the affairs of the kingdome may be governed by her : whereupon having consulted , the covrt hath declared and doth declare the qveen ( mother to the king ) regent of france , for the governing of the state , during the minortie of her sonne , with all power and authoritie . the next day the king himself sitting in the seat of iustice in parliament , by the advice of the princes of his blood , prelates , dukes , peers and officers of the crown , according to the decree made by the court of parliament , declared and did declare the queen his mother regent in france , and to have the care of bringing up his person , and the government of the affairs of his kingdome during his minoritie ; commanding the edict to be enrolled and published in all the bayliweeks , senescaushes , and other jurisdictions depending upon the said court of parliament , and in all other parliaments of the realme ; so that the queene mother was setled in the regency by the parliament and whole state of france . after which pasquier , counsellor and master of requests , writ her a large letter touching the government of the state , wherein he informed her , that she must not forbear to assemble the estates , for the reason that some would suggest unto her , that they will be some blemish to her greatnesse ; it is quite contrary : the estates having confirmed it by publike authoritie , will settle it fully . commonly the estates assemble to provide for the present and future complaints of the generall of this monarchy , and to reduce things to their ancient course ; the people being the foundation where on this realm is built , and the which being ruined , it is impossible it should subsist : take away these new edicts , impositions and subsidies : it is better to gratifie a people , than to intreat them roughly . above all things beware that you follow not your own opinion alone , in manag●ng the affaires of the realme . hereupon four and fifty edicts and commissions were revoked , wherewith the subjects had been oppressed . when the king was to be crowned , the prelates made this request to him at the altar before his coronation ; we pray and require that you would grant unto every one of us , and the churches whereof we have the charge , the canonicall priviledge● , good lawes , and justice ; and that you will defend us , as a king ought all his bishops and their churches . whereunto the king answered ; i promise to preserve you in your canonicall priviledges , as also your churches ; and that i will give yov ( in the future ) good laws , and do you iustice , and will defend you , by the help of god , according to my power ; as a king in his realm ovght to do in right and reason , to his bishops and their churches . after which having been acknowledged their lawfull prince , by a generall consent of all the orders , the gardinall of ioyeuse presented unto him the oath of the kingdome , ( the sacred bond of the fundamentall lawes of the state ) the which he took publikely in these words , with invocation of the name of god , having his hand upon the gospell , which he kissed with great reverence . i promise in the nam● of iesus christ , these things to the christians subject unto me ; first , i will endeavour that the christian people shall live peaceably within the church of god : moreover , i will provide , that in all v●cations , theft , and all iniquitie shall cease : besides , i will command , that in all judgements equitie and mercy shall take place ; to the end that god , who is gentle and mercifull , may have mercy both on you and me . furthermore , i will se●k by all means in good faith to chase out of my iurisdiction ▪ and the lands of my subjection , all hereticks denounced by the church ; promising by oath to observe all that hath been said : so help me god , and this holy evangell . after this bellarmines book of the popes power in temporall causes , becanus , and scoppius books , marianaes book de r●ge & regis institutione , suorez his book , with others , which taught , that the pope was above kings in temporall things , and that it was lawfull for private subjects by the popes authoritie to murther kings that were heretikes , and that the murthers of henry the third and fourth , by chastle and ravillac were lawfull and commendable ; were prohibited and condemned to be burnt by edicts of parliament . anno . the reformed churches of france , at their generall assembly at samure by the kings permission , made a generall vnion , which they did swear to keep inviolably , for the good , quiet , and advancement of the said churches , the service of the king , and queen regent , and preservation of the estate ; and appointed six deputies therein , for the dispatch of all their affaires , anno . the prince of conde with divers other princes , dukes , peers , noblemen , and officers of the crowne retinued from the court in discontent , and meeting at meziers , writ severall letters to the queen , parliament , and others , complaining therein of divers g●ievanc●s and disorders in the government , which they desired might be redressed , by summoning a generall assembly of the three estates to be free and safe , to be held within three ●oneths at the furt●est , protesting , that they desired nothing but peace and the good of the realme , that they would n●t attempt any thing to the contrary , unlesse by the rash resolution of their enemies , ( who covered themselves with the cloke of state under the queene regents authority ) they should be provoked to ●●pell the injuries done unto the king and state by a natvrall , ivst and necessary defence . after which with much adoe articles of peace were concluded on at saint manchold , between the king , queen regent , and these n●bles ; wherein it was among other things accorded , that the generall estates of the realme should be assembled at sens by the four and . day of august , in which the d●puties of the three estates , may with all libertie propound whatsoever they shall think in their consciences to be for the good of the realme and ease of the subject ; tha● thereby the king with the advice of the princes & estates might make some good laws and ordinances to contain every man in his dutie , to fortifie the lawes and edicts made for the preservation of the publike tranquilitie , and to reforme the disorders which may give just occasion of complaint and discontent to his good subjects : that the kings mariage with spaine , formerly concluded on , should be respited and not proceeded in during his minority : that all garisons put into any places of the realme by reason of the present motions , should be discharged that letters patents be directed to all courts of parliament to be verefied , by which his majestie shall declare , that the said princes , nobles , and others of ● hat quality and condition soever , which have followed and assisted them in these alterations , had no bad intentions against his service , with all clauses necessary for their safeties and discharges , that they may not be called in question hereafter , and that they shall be restored to their offices , estates and dignities , to enjoy them as they had formerly done . and in like manner his majestie shall write to all princes , estates , and common-wealths allied to the crowne , and men of qualitie shall be sent expresly to them , to let them understand what he had found concerning the innocency and good intention of the said princes , officers , and nobles . after which the three estates were published , deputies elected ; and the king ( by his councel and parliament of paris ) was declared of full age , according to a fundamentall law made by charles the fift , ratified by the court of parliamnt ; that the kings of france , having attained the full age of thirteene years , and entring into the fourteenth , they should take upon them the soveraigne government of the estate : whereupon the queen mother in the parliament resignes the regency and reignes of the empire into his hands . after which the three estates assembling abolished the sale of all offices of judicature , and others which tend to the oppression and ruine of the people , suppresse duels ; the commons and deputies of the three estates present a petition of all their grievances to the king , consisting of severall natures , and pray redresse : and for the securing of the kings crowne and person against the popes usurpations and attempts , they desired , that it should be declared by the said estates , and set down as a fundamentall law , that the king did not hold his realme of any but god and his sword , and that he is not subject to any superiour power upon earth for his temporall estates , and that no book should be printed containing any doctrine against the person of kings touching the question too much debated by presumptuous men , whether it be lawfull to kill kings ? the clergy of france except against this article , as a point of doctrine and conscience ( not of state policie , as the commons pretended , fit onely for the clergies determination , not the commons or three estates , as a means to ingender a schisme and offend the pope , and after much debate prevail and suppresse it : in fine , after many debates the three estates brake up without any great ●edresse of their grievances , or full answer to their petitions , which was defaced : hereupon the parliament at paris the seven and twentieth day of march , . decreed , under the kings good pleasure , that the princes , dukes , peers , and officers of the crowne , having place and deliberate voyce therein , being then in the citie , should be invited to come into the court , there ( with the chancellour and all the chambers assembled ) to advise upon the propositions which should be made for the kings service , the ease of his subjects , and good of his estate , and to draw up a remonstrance to this effect . some court parasites presently acquaint the king and queen mother with this decree ; as if it were an apparent enterprize against the kings authoritie , and did touch the queens regency which they would controll ; and objections are made against it in councell , whereupon the parliament are sent for to the court severall times , and ordered to revoke this decree ; they excuse and justifie it , then draw up a remonstrance to the king , consisting of many heads ; wherein among others they ●ffirme , that the parliament of paris was borne with the state of france , and holds place in councell with princes and barons , which in all ages was near to the kings person . that it had alwayes dealt in publike affairs : that some kings which had not liked of the remonstrances of the parliament at paris , did afterwards witnesse their griefe . that popes , emperours , kings , and princes had voluntarily submitted their controversies to the judgement of the parliament of paris , &c. to which i shall adde some passages out of andrew favine , in his theater of honour , touching the dignitie , power , and honour of the parliaments of france : in the register of the acts of parliament , beginning , . there is one dated the twenty seventh of iune . for matter of murder and assassinate committed on the person of master emery doll , councellor of the said parliament ; whereby it was approved , that it was a crime of high treason , to kill a councellor of parliament . and in anno . on the eleventh day of november , mounseir the chancellor came to advertise the court for going to hear the confession of the constable of saint paul , to whom for his rebellions and disobediences king lewes the eleventh directed his processe . and the said parliament , declared , that there was not a lord in the kingdome so great , except the king and mounsiour le daulphine , but ought to come and appear at the said parliament , in person , when it was ordained for him . and this is witnessed by a lyon abasing his tail between his legs , exalted over the gate and entrance of the great chamber , by the parquet des huisiers thereof . so that by this illustrious and soveraigne parliament are ordered and determined the principall affairs of the kingdom . and in anno . the second day of aprill , king lew●● the eleventh , sent unto the parliament the oath which he took at his sacring , exhorting the said parliament to performe good justice , according as the king had promised to doe by his said oath , which he purposed to keep ; and the oath is there registred downe . the parliaments of france are oaks with exalted heads , under whose branches the people are covered from the very strongest violencies , which constraineth them to yeeld obedience to their prince : but when princes ( by bad councell ) misprize the authoritie of them whereof they ought to be zealous defenders , as being exalted to the royall dignity , to rule and governe their subjects by justice , they cut off the right hand from the left : if they refuse the holy remonstrances of their parliaments under color that they are not to meddle with affairs of state , but onely with the act of justice , and lend a deaf ear when they are advertised of evill government , it is an assured pronostick , forewarning of the entire decadence of the kingdome . strange and forraigne princes have sought and submitted themselves to the judgement of their parliament , ev●n in their affairs of greatest importance . the chronicle of laureshime , under the year . ( followed by the monk aimonius in the fourth book of his history of france ) reporteth , that king lewes the debonnaire , holding his parliament in may , there came thither from strange provinces , two brethren , kings of vvilses , who with frank and free good will submitted themselves to the judgement of the said parliament , to which of them the kingdom should belong : now albeit the custom of the said kingdom adjudged the crown to the eldest , according to the right of prerogative allowed and practised by the law of nature , and of late memory in the person of the last dead king liubus father commune to these two contendants ; yet notwithstanding in regard of the subjects universall consent of the kingdom , who ( for the cowardise and want of government in the elder ) had given the crowne to the younger , for valliancie and discreet carriage ; by sentence the kingdom was adjudged to him : and the eldest did him homage , with oath of allegiance , in the said parliament . under the third ligne , in the reign of philip augustus , pope innocent the third , and the emperour otho the fourth , being in variance for the forme and tearms of the oath of fidelity with the said emperour should make to the pope ; they referred it to the judgement of king philip in his parliament , furnished with peers . otho made some exception concerning the forme and terms of the oath ; and not being able to agree of themselves , both parties submitted to the judgement of king philip augustus and of his court of parliament , furnished with peeres : so that by order given at melum in iuly , . the form of the said oath was prescribed , and registred in the parliament register , at request of the said parties , and sent unto otho to render it to the said pope innocent , who sent this assurance and certificate to the said parliament for registring it , being performed . innocentius episcopus , servus servorum dei , charissimo filio nostro philippo francorum regi charissimo , salutem , & apostolicam benedictionem ; absque dubitatione noveritis , quod secundum formam a vobis & curiae regni vestri paribus praescriptam , habetur apud nos jusjur andum charissimi filii nostri othonis romanorum regis illustris aurea bulla munitum , nobis & ecclesiae praestitum . ego otho romanorum rex , & semper augustus , tibi domino meo innocentio papae , & ecclesiae romanae spondeo , polli●eor , & juro , quod omnes possessiones , honores , & jura romanae ecclesiae , pro posse meo , bona fide protegam , & ipsam ad eas retinendas bona fide j●vabo . quas autem nondum recuperavit adjutor ero ad recuperandum , & recuperatarum , secundum posse meum , ero ●ine fraude defensor ; & quaecunque and manus meas devenient , sine difficultate restituere procurabo . ad hanc autem pertinent tota terra quae est de radicafano , usque ad ceperanum , exarcatus ravenna , pentapolis , marchiae , ducatus spoletanus , terra conitiss●e mathildis , comitatus bricenorij cum alijs adjacentibus terris expressis in multis privilegijs imperatorum , à tempore lvdovici pii francorvm et romanorvm imperatoris christianissimi . has omnes proposs● m●● restituam , & quietè dimittam , cum omne jurisdiction● , district● , & honore suo . verunt amen cum adrecipiendam coronam imperij , vel pro necessitatibu● ecclesia romana● ab apostolica sede vocatus accessero , demandato summi pontif●●●● ab illis terris praestationes accipiam . praetereà adjutor ero ad retinendum & defendendum ecclesiae romanae . regnvm siciliae . tibi etiam domino meo innocentio papae & successoribus tuis omnem obedientiam & honorific entiam ●xhibeo , quam devoti & catholi●i imperatores consueverunt sedi apostoli●ae exhibere . stabo etiam ad consilium & arbitrium tuum de bonis ●onsuetudinibus populo romano servandis & exhibendis , & de negotio tusciae & lombardiae . et si propt●r negotium meum romanam ecclesiam oportuerit in●urrere guerram , subveniam ei sicut necessitas postulaverit in expensis . omnia vero praedictat●m juramento , quam scripto firma●o , cum imperij coronam adeptus fuero . actum aquis-grani anno incarnationis dominicae millessimo ducentessimo quinto , mense marcy , regni nostri septimo . william rishanger monk in the abbey of saint albane in england , continue● of the history of matthew paris , observeth under the year . that the king of england , henry the third , and the barons , of england , who made warre upon him , committed their whole difference and quarrell to be judged by the parliament of france vt pax reformaret●r inter regem angliae & barones , ventum est ad istud , ut rex & p●oceres se submitterent ordinationi parliamenti regis fran●ae ( in the time of saint lewis ) in pr●emissis provisionibus oxoniae . nec non pro depraedationibus & damnis utrobique illatis . igitur in crastino s. vincentij , congregato ambianis populopene innumerabili , rex franciae ludovicus coram episcopis & comitibus , alijsque francorum proceribus sol●mniter dixit sententiam pro rege angliae , contra barones statutis oxoniae provisionibus , ordinationibus , ac obligationibus penitus annullatis , ho● excepto , quod antiquae chartae joannis regis angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare . in this parliament at amiens were present the king of england , henry the third , queen elenor his wife , boniface archbishop of canterbury , peter bishop of hereford , and iohn maunsell ; and on the barons of englands side a very great number of choice elected lords ; who the same year repassed back into england after the parliament , as the same monk speaketh . thus ; favine in the behalfe of the french parliaments , concerning whose power and priviledges you may read much more in him and others . but to returne to the former history . the queen mother was much discontented with this remonstrance of the parliament , pretending that they had an intent to call her regency in question , which all had commended ; that they could not speak of the government of the affaires of the realm , without touching her , &c. whereupon she commanded the chancellour to give them this answer in the kings name : that france was a monarchy wherein the king alone commanded , holding his realm soveraignly from god ; that he had lawes and ordinances by which to governe them , for the which he was not to give an account to any man ; that it did not belong unto the parliament to controll his government ; that they neither could nor ought to complain of the queens regencie which had been so happy ; that the queen was not to give an account of her regency , but to god onely ; that no man could prescribe unto the king what councellors he should entertain , &c. with many other such bigge words . after which there was a de●ree made in the councell of state against the decree and remonstrance in parliament , disanulling and revoking them as void , and forbidding the parliament hereafter to meddle with affairs of state. the court of paliament in generall complained much of this decree ; the kings learned coun●●ll refuse to carry , or cause it to be read in parli●ment , because it would cause an alteration of the good affections and devotions of the kings good subjects , and the dis-union of the greatest companies of the realme , who administer justice , which makes kings to reign : after which this controversie was compremised , and the decree of the councell against the parliament suspended , and not enrolled . soon after the prince of conde , with divers others , seeing all things disordered at court , and little or no reformation of their former grievances , desert paris , expressesse their grievances in ●undry letters and articles of complaint , wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three estates ; of the decree and proceedings against the iurisdiction , remonstrance and proceedings of the parliament of paris ; of suffering some councell●rs of state to usurpe all the power of the kingdom , to pervert the lawes , and change all things as they list ; with sundry other particulars : in these they intreat and exhort all men of what condition or quality soever , that call themselves frenchmen , to assist and ayde them in so ivst a cavse ; conjuring all princes and forraign estates to do the like , and not to su●●er such good and loyall subjects to be supprest by such a conspiracie . vpon this the king and q. mother , through advise of these ill counsellors , raise an army , declare these princes and nobles , rebels and traitors , if they submit not by a day : wherupon they arm , raise forces in their own & the publikes defence , and being at noyon , concluded , that as their armes were levyed forthe maintenance of the crown , so they should be maintained by it ; to the which end they seized on the kings rents and revenues in sundry places . mean while the protestants being assembled in a generall synod at grenoble , marsh. desdiguires makes an oration to them , to disswade them from opposing the mariage with spai● ; wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of religion and liberties : we have leisure to see the storme come , and to prepare for our own preservation : finally , having continued constant in our duties , if they seek to deprive us of our religien , and to take that from us wherein our libertie and safetie depends , purchased by the blood of our fathers and our own , and granted unto us by that great king henry the fou●th , the restorer of france ; we shall enter into this comerce full of justice and true zeale , finde againe in our breasts the courage and vertue of our ancestors : we shall be supported in ovr jvst defence by all good frenchmen , assisted by all princes and estates which love the true religion , or the good of this state ; and in a word , we shall be favoured of the blessings of god , whereof we have hitherto had good experience in our arms , and which will be to the glory of his name , and the spirituall advancement of our churches . after which the duke of rhoan and protestants , in defence of their religion and liberties , joyn with the princes and nobles : at last both sides came to articles of agreement made at luudun , anno . whereof these were a parcell , that the grievances of the generall state should be speedily answered ; that soveraign courts should be preserved in their authority , and the remonstrances of the parliament and peers considered of ; that such as had been put from their offi●es , should be restored ; that all moneys they had taken out of the kings revenues , should be discharged ; all edicts of pacification granted to them of the reformed religion , observed ; the prince of conde and all those of either religion , who had assisted him in this ●ar , held for the kings good and loyall subjects ; all illegall imposts removed ; and all prisoners taken on either side , set at liberty . anno . the king and queene mother seizing upon the prince of conde his person , and sending him to the bastile , upon false pretences of disloyaltie and treason , caused new insurrections , warres , and tumults ; and the princes hereupon meeting at soyssons , resolved to make open war , to seize on the kings revenues , and to fortifie those towns and castles which they held in their government ; which they executed ; and withall set forth a remonstrance of their grievances unto the king , complaining especially against the marshall of ancre and his wife , with their adheronts , who were the causes of all their miseries ; who having drawn unto himselfe the whole administration of the realme , made himselfe master of the kings councels , armies , and forts ; thereby supprest the lawfull libertie and remonstrances of the parliament , caused the chief officers to be imprisoned , and was the cause of the violence done to the prince of ●onde , first prince of the blood : to the end therefore that they might not be reproached to have been so little affected to his majestie ▪ so ungratefull to their countrey , and so unfaithfull to themselves and their posterity , as to hold their peace , seeing the prodigious favour and power of this stranger ; they beseech his majestie to provide by convenient means for the disorders of the estate , and to cause the treaty of loudun to be observed , and to call unto his councels the princes of the blood , with other princes , dukes , peers , ancient officers of the crowne and councellors of state , whom the deceased king had imployed during his reigne . withall they publish a solemne declaration and protestation , for the restoring of the kings authority , and preservation of the realme . against the conspiracie and tyrannie of the marshall of ancre , and his adherents : who finding no safetie in the settling of j●stice , resolved to make triall of his power , by violating the publike faith , thereby to plunge the realme into new combustions , conspiring to destroy the princes of the blood , of peers , and chiefe officers of the crowne , and to oppresse them altogether , with the state , who might be an obstacle to his ambitious designes . to which end he raised false accusations against them , as if they meant to attempt the kings and queen mothers persons ; and caused the king to go in person to his court of parliament to publish a declaration , whereby they were declared guilty of treason ; though at last being better informed , he declared them to be his good subjects , and caused de ancre to be suddenly slain in the louure , and his wife to be legally condemned and executed : vpon which the new councellors and officers advanced by him , were removed , the old restored , the princes reconciled to the kings , and by him declared for his good and loyall subjects : vpon which followed a generall assembly of the estates , wherein divers grievances were propounded , and ●ome redressed ; the king therein craving their advice for the setling and ordering of his privie councell . anno . there happen differences between the king and queen mother , who fortified towns , and raised an army against the king ; at last they came to an agreement , and were reconciled . the two following years were spent in bloody civill warr●s betweene the king and those of the religion , who avowed their defensive warres lawfull ; which at last concluded in peace : that lasted not long , but brake out into new flames of war , by reason of the great cardinall richelieu , who of late years proved the greatest tyrant and oppressour that france ever bred , reducing both nobles , gentlemen , and peasants into absolute slavery and vassallage , to make the king an absolute monarch of france , and himselfe both pope and monarch of the world : but he lately dying by the of divine iustice of filthy vlcers and diseases , and the king since being ( some say ) poysoned by the ie●uite● , who murthered his two immediate predecessors : wise men conjecture the french will now at last revive and regain their ancient j●st hereditary freedom , rights liberties , and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years , and almost brought to utter desolation . i have the longer insisted on these histories of the kings and kingdom of france ▪ ( which clearly demonstrate the realm , parliament and three estates of france to be the soveraigne power in that kingdom in some sort , paramount their kings them selves , who are no absolute monarchs , nor exempted from the laws , jurisdiction , restraints , censures of their kingdom and estates assembled , as some falsly averre they are ) because our royalists and court doctors p●rallell england with france , making both of them absolute monarchies ; and our greatest malignant councellors chiefe designe hath been to reduce the government of england to the late modell and new arbitrary proceedings of france ; which how pernicious they have proved to that unfortunate realm , what infinite di●tructive civill warres and combustions they have produced , and to what unhappy tragicall deaths they have brought divers of their kings , princes , nobles , and thousands of their people , the premisses & other storyes , will so far discover , as to cause all prudent kings and statesmen , to ●●eer the helme of our own and other kingdoms by a more safe , steddy , and fortunate compasse . thus i have done with france , and shall recompence any prolixity in it , with greater brevity in other kingdoms , when i have overpassed spain . from france i shall next ●●eer my course t● the kingdomes and kings of spaine , whom iacobus valdesius chancellor to the king of spain in a large book de dignitate regum regnorumque hispaniae printed at granado , . professedly undertakes to prove , to be of greater dig●ity , and to have the precedency of the kings and kingdoms of france , which cassa●aeus and all french advocates peremptorily deny . the first kings of spain ▪ over-run by the goths and wisigoths , are those their writers call the gothish kings , who as micha●l ritius de regibus hispaniae , l. , & . iohannis mar●●na de rebus hispaniae , l. , . the generall history of spain , and othes affirme , were elected by , and had their authority from the people : you may reade their liv●● and successions at large in these authors , and finde some of them dis-inherited and deposed by their subjects , others of them in ward during their minorities to such as the state appointed ; others murdered , but all of them subject to the lawes of their realms , as it is evident by the expresse ancient law of the wisigoths , having this title ; quod tam regia potestas quam populorum universitas legum reverentiae sit subjecta ; by other lawes thereto annexed , by iohannis mariana de rege & regis institutione , l. , c. . those whom they properly call kings of spain , had their royall authority derived to them , conferred on them by the people ; upon this occasion . spain , being a province subject to the roman empire , was spoyled , over-runne and possessed by the barbarous moors for many years ; in which time the spanyards oft solicited the roman emperours for ayde to expell the moors , but could gain none . whereupon to free themselves and their countrey from slavery , they chose one pelagius for their captain , by whose valour they conquered the moors , and thereupon by unanimous consent elected and crowned pelagius king of oviedo , whom the spanish writers mention as the first king of spain : and this their deser●ion by the emperours , the spanish writers generally hold ( and ( g ) iacobus valdesius proves it largely ) to be a sufficient lawfull ground for the spanyards , even by the general● law of nations , to cast off their subjection to the roman empire , and to elect a king , erect a kingdom of their own , exempt from all subjection to the emperor , since they purchased their own libertie and countrey , from the gothes by conquest , of themselves alone without any aide or assistance from the roman emperours , to whom ( for this reason ) they hold themselves and their kingdom no wayes subject ; yet for all this they deem their kings inferiour to their whole kingdoms , and censurable , yea deposable by them , as is cleer by the forecited passage of the bishop of burgen , ( ambassadour to the king of spain , in the councell of basill , and by iohannis mariana the jesuites book , de rege & regis institutione , dedicated to philip the third , king of spain , printed at madrit in spain , by this kings own speciall priviledge , dated at madrit , ianuary . . and after this reprinted at mentz in germany , anno . cum privilegio sacrae caesariae majestatis , ( to wit , of the emperour radulph the second ) & permiss● superiorum ; who certainly would not thus specially approve , authorize this book for the presse , had it maintained any positions contrary to the laws , or derogatory to the prerogative royall of the crownes and kingdoms of spain , though other states cannot so well digest it . in this very book the authour ( who hath likewise written a large history of the affaires and kings of spain ) professedly maintains ( in a speciall chapter , wherein he debates this question , whether the power of the republike , or king be greater ? ) that the whole kingdom , state and people in every lawfull kingdom , and in spain it selfe , are of greater power and authority then the king : his reasons ( which i have for brevity digested into number in his own words ) are these : first , b●cause all royall power that is lawfull , hath its originall from the people , by whose grant the first kings in every republike were placed in their royall authoritie ; which they circumscribed with certain laws and sanctions , lest it should too much exalt it selfe to the distruction of the subjects , and degenerate into a tyrannie . this appears in the lace●aemonian● long since , who committed onely the care of warre and procuration of holy things to the king , as aristotle writes . also by a later example of the aragonians in spain , who being incited with an earnest endeavour of defending their libert●e , and not ignorant how the rights of libertie are much diminished from smail beginnings , created a middle magistrate , like the tribunall power ( commonly called at this time aragoniae iustitia , the iustice of aragon ) who armed with the lawes , authoritie and endeavours of the people , hath hitherto held the royall power included within certain bounds ; and it was specially given to the nobles , that there might be no collusion , if at any time having communicated their counsell among themselves , they should keep assemblies without the kings privity , to defend their lawes and liberties . in these nations , and those who are like them , no man will doubt , but that the authoritie of the republike is greater then the kings . secondly , because in other provinces where the people have lesser and the kings more power , and all grant the king to be the rector and supream head of the commonwealth , and to have supream authoritie in managing things in times of warre or peace ; yet there the whole commonwealth and those who represent it , being chosen out of all estates , and meeting together in one place , ( or parliament ) are of greater power to command and deny , than the king , which is proved by experience in spain , where the king can impose no taxes , nor enact no laws if the people dissent or approve them not : yea , let the king use art , propound rewards to the citizens , sometimes speak by threats to draw others to consent to him , solicite with words , hopes , and promises , ( which whether it may be well done we dispute not : ) yet if they shall resist , their judgement shall be preferred and ratified before the kings will. thirdly , because when the king dies without issue or heir , the kingdom and people , not the prince deceased , o●ght to chuse the succeding king out of another ●am●ly . fourthly , because if the king vexe the republike with his evill manners , and degenerate into an open tyran●●● , the same commonwealth may restrain him , yea , deprive him of the principalitie , and of hi● life to , if need be ; which it could not do unlesse ●t were of greater power then the king. fiftly , because it is not likely that the whole kingdom and common●weal would ever strip themselves of all power and authority , and transfer it to another , without exception , without counsell and reason , when they had no necessitie to do it , that so the prince subject to corruption and wickednesse , might have greater power then they all , and the issu● be more excellent then the father , the river than the spring ( the creature than the creator of it : ) and although perchance it be in the pleasure of the commonweal to take away the pleanary power from it self and give it to the prince , yet the commonwealth should do unwisely to give it , and the prince ras●●ly to receive it ; by which the subjects , of free men should b●come slaves , and the principalitie given for their saf●tie , should degenerate into a tyrannie , which then onely is regall , if it contain it self within the bounds of modesty and mediocritie ; which power whiles some unvisely labour daily to augment● they diminish and utterly corrupt it , that power being onely safe which puts a measure to its strength ▪ for a prince ought to rule over those who are willing , to gain the love of his subjects , and seek their welfare ; which power if it grows grievous , takes the king off his peoples love , and turns his power in●o weaknesse : which he proves by the forecited saying of theopompus : for princes who impose a bridle on this greatnesse , more easily govern themselves , it , and their subjects ; whereas those who forget humanity and modes●ie , the higher they climb , the grea●●r is their fall : this danger our ancestours , wise men , considering how they might keep their kings within the limits of mediocrity and modesty , so as not to lift up themselves with overmuch power , to the publike prejudice , have enacted many things wisely and excellently ; among others this , that nothing of great moment should be decreed without the consent of the peers and people ; and to that end they had a custom to assemble parliaments chosen out of all orders of men , as prelates , lords , and burgesses of ●ities ; which custom at this time is still retained in aragon and other provinces ; and i wish our princes would restore it : for why is it discontinued for the most part in our nation , but that the common consent being taken away , and parliaments excluded , wherein the publike safety is contained , both publike and private affairs may be turned into the princes pleasure , and the lusts of a few corrupt , vicious , and voluptuous courtiers and parasites may domineer and order all things . sixtly , becauss many great and learned men hold , that the pope of rome , who is of greater power then any king , is yet subject to the whole church and a generall councell ; therefore the king must much more be inferiour to his kingdom . seventhly , because the whole commonwealth hath greater strength and forces than the prince , be he never so great in power ; and therefore if they disagree their power will be greater : yea , aristotle wisely would have the commonweal , not onely to be of greater authority , but likewise to have stronger forces then the king ; which he proves by aristotles forecited words , by the practice of the ancients , and those of syracuse , who did moderate their tyrants and kings guard so , that they might be able to over-power and master them upon any occasion . how great the authoritie of our republike and nobilitie was in the times of our ancestors , i will give you but one example , and so conclude : alfonso the eight king of casteil besieged concha , a city seated in roc●ie places , and the most firme bulwark of the moors territories on that part : wanti●g money to pay his souldiers , and thereupon provisions failing , the king hastens to burgon ; and in a nationall assembly , he demands , that because the people were wearied with taxe : for supporting the warre , the gentlemen would give five muruedines a poll to his treasury ; that this opportunitie of blotting out the name of the mores was not to be omitted . dieglius then governour of ca●tabria , assented to this counsell , peter earl of cara withstood this motion , and gatheri●g a band of nobles ▪ departed from the assembly , readily to defend with armes the liberty gotten by their ancestors with armes and valour ; affirming , that he would neither suffer a beginning to be made of oppressing and vexing the nobilitie with new subsidies , from this entrance or occasion ; that to suppresse the mores was not of so great moment , that they should suffer the commonwealth to be involved in a greater servitude . the king moved with the danger , desisted from that purpose . the nobles taking advice , decreed to entertain peter with a banquet every year , as a reward to him and his posteritie of this good service , amonument so posterity of a thing well done , and a document that they should not suffer the right of libertie to be diminished upon any occasion . let it be a fixt resolution therefore to provide for the safetie of the commonwealth , for the authority of the prince , yet so as to retain their royall principality in order with certain bounds and limits , and that those vain talking parasites and decevers may not ruine both , who exalt the princes power without measure , of which we may see a great number in princes courts , excelling in wealth , favour and power , which plague shall alwayes be accused and complained of , but shall ever be and continue . thus mariana , who in his next chapter ( worthy reading ) proves at large by invincible arguments , that all kings and princes ( among others the kings of spain ) are , and ought to be bound by laws , and are not exempted from them ; that this doctrine ought to be inculcated into thy mindes of princes from their infancy , and to be beleeved , yea oft considered of them ; thnt they are more strictly obliged to observe their laws then subjects , because they are sworn to do it ; they are the conservators of the laws , the avengers of those that infringe them , and their examples are the best means to draw subjects to obey them . where he again affirms , that the whole kingdom is above the king , and may not onely binde him by lawes , but question him for the breach of them . before both these , in his first book de rege & reguminstitutione , chap. , , , , . he affirms the like ; adding moreover , that in many other realms more , where the crown is hereditary , the whole commonwealth , not the king hath and ought to have the chief power to designe by a law ( which the king himself may not alter , but by their consents ) who shall be the next heir , to avoid questions and commotions about the title to the crown : that where the right of the crown is in controversie the whole kingdom and state ought to decide the right , and settle it where they see best cause : that if the right heir in hereditary kingdoms , yea in spain , be an ideot , infant , woman , or a person unmeet or not so fit to govern ▪ as others of the blood , he may be lawfully put from the crown , and another of their race lawfully substituted king in his place by the whole state , especially when the good or safetie of the commonwealth requires it ; because the safety of the people is the supremest law , and what they by common consent have enacted onely for the publike safetie , they may without any obstacle alter , when things require it , by like common consent ; especially , because the hereditary rights of reig●ing are for the most part made , rather by the dissimulation of the people , not daring to resist the will of former princes , then by their certain will , and the free consent of all the estates : that he which is thus settled by consent of all the estates hath a just title against the next heir of the blood and his issue , who are put by the crown ; else divers kings and princes now reigning in spain & elswhere , should be usurpers and want good titles to their crownes , they or their ancestors being not the next right heires of the royall stock ( for all which particulars he gives sundry instances in the kingdomes of spaine ) as in berengaria , blanch , the mother of lewes of france , ferdinand , sancho the younger sonne of alfonso , henry the bastard , iohn king of portugall , fardinand , and iohn the . of aragon , &c. corluding , that if the king degenerate into a tirant , by subverting religion , lawes , liberties , oppressing , murthering , or deflowring his subjects ; the whole kingdome may not onely question , admonish , and reprehend him , but in case he prove incorrigible after admonition , deprive him , and substitute another in his place ; which ( saith he ) hath been done more then once in spain : thus king peter was publikely rejected for his cruelty to his subjects , and henry his brother ( though of an unclean mother ) obtained the crowne : so henry his nephewes nephew for his slothfulnesse and evill manners was deposed by the nobles suffrages , and alphanso his brother , though but a yong child proclaimed king. after his death elizabeth , ( henry his sister ) had the chiefe government of the realm● leaving henry . and for a conclusion he addes , that such a tyrannicall king continuing incorrigible after publike admonitions of the whole state , if there be no hopes of amendnent , may not onely be deposed , but put to death and murthered by the whole state , or any particular persons by their appointment ; yea without it , ( a note somewhat above ela ) if he be declared a publike enemy by the whole state ; and in case the whole states cannot publikely assemble by reason of such a princes knowne notorious tyranny , he writes , that then in such a case it is lawfull for any private man to murther him , to free the countrey and kingdome from destruction . adding , that it is a wholsome meditation for princes to be perswaded , that if they oppresse the common-wealth , if they become intollerable thorow vices and filthinesse , that they live in such a condition , that they may not onely be slaine of right , but with laud and glory . peradventure this feare will retard some princes that they give not themselves wholly to be corrupted with vices flatterers , and cast bridles upon their fury . that which is the chiefe , let the prince bee perswaded , that the authority of the whole common-wealth is greater then his , being but one , neither let him beleeve the worst of men , affirming the contrary for to gratifie him , which is very pernicious . all these positions of mariana ( however other kings and kingdomes may relish them , especially the last touching private subjects , which few can approve , the parliaments of france doing publike execution on this book , as they had just cause , for extolling and justifying the barbaro●s murther of their king henry the . by james clement a dominican frier , l. . c. . p. . to . and justifying the guises rebellion ) are yet authorized as catholike and orthodox by the most catholike king of spaine , and the emperour of germany , in whose kingdomes they passe for currant coyne , the most dangerous of them being seconded , not onely by hieronymus blanca in his aragonensium rerum commentariis , iohannis pistorius hispaniae illustratae , &c. and other spanish historians collected by him , but likewise by alvarius pelagius , cardinall tolet , capistranus , dominicus bannes , franciscus victoria , simancha patensis , gregory de valentia , suarez , the doctors of salamancha , becanus , bellarmine , with other spanish iesuites & writers , who most here●ically affirme , that even the pope alone either with or without a counc●ll , for heresie ( as they deem it ) and obstinacy against the see of rome , may excommunicate , censure , despose , kill , or murther any christian princes , depose them from their thrones , dispose of their crownes to others at their pleasures , absolve their subjects wholly from their allegeance , and give subjects power to rise up in armes against and murther them by open force or secret treachery ; which bishop bilson truly affirmes to be farre more dangerous and derogatory to princes , then to attribute such a power , not to any particular persons but to their own whole kingdomes and parliaments onely : who being many in number , of the same nation and religion with , and having many dependances on , and many engagements by oath , duty , favours , benefits to their princes , lesse malice against them , judging onely according to the fundamentall lawes of the realme , and former presidents of their an●cestors , and aiming at nothing but their kingdomes sa●ety , are like to be more just indifferent iudges of their princes actions when questioned , then the pope , a meer enemy and forraigner ; who proceeds by no other authority , but what he hath unjustly usurped from kings , and by no other rules but his owne will , pride , malice , honour , or profit . i have thus given you an account of the kings of spaines subordination to their whole kingdomes and lawes in point of thesis and positive doctrine approved by themselves , professed by their eminentest wri●ers , i shall now procced to historicall examples to confirme it in point of practise . ordogno the . king of castile , summoned . earles of castile to appeare before him , who refused to goe to the warres against the saracens , promising them safe conduct , notwithstanding he commanded them to be apprehended , imprisoned and sl●in ; for wh●ch bloody treachery those of castile rebelled against him , rejecting his government , and providing for the ●afety of them and theirs , duos milites , non de potentioribus , sed . de prudentioribus eligerunt , quos & indices statuerunt , &c. they elected two prudent knights of their owne to be their magistrates and iudges , to governe them , to manage their warres , and administer justice to them : the one was named fl●vius calvus , the other nunius , surnamed de rasura , whose son g●ndesalvus after his fathers death , was substituted in his place , made generall of the militia ; ( principatum militiae addiderunt ) and his son after him , tam à magnatibus & militibus , quam ab vniversis popvlis caste lanis , made earle of castile , and all submitted themselves to his government , rejecting the dominion both of ordogno and his brother king froila after him , for their tyranny and treachery . alphonso the great king of gallecia about the yeere of christ . imprisoning his eldest sonne garsias , laying him in irons and exercising other cruel●ies , was by the practise of his owne queen semena and his other sonnes and nobles , so prosecuted and put to such streights ; that they enforced him to resig● his crown to his sonne garcias , and to deprive him ●elfe of his g●uernment in the presence of his sons and the grandees of his realm ; after which he requested his sonne to r●ise and grant him an army to goe against the s●razens , who condescending thereto , hee gained a glorious victory ou●r them , and so dyed alphonso sonne of ord●gno , king of castile , after . yeers reigne , out of levity rather then religion , resigned his crown to ramire his younger brother , and then turnd monk about the yeer but not long after , casting , off his coul & leaving his monastery , he ●egan to ●aise forces , and to aspire to the crown again which he had resigned ; whe●upon ramir raised an army against him , and after . yeers warres took him prisoner , put cut his eyes , and thrust him into a monastery . iohn the first , the king of castile after the death of ferdinand king of portugall claimed that kingdome i● right of eleanor his wife and next heire , but the portugals elected iohn , a bastard , a knight of the blood royall for their king , and excluded eleanor . henry the . the . king of castile , having no children lawfully begotten , would have made elizabeth his bastard daughter heire to the crown ; but the nobles would no wayes permit it ; and resisting him with all their might , preferred his own sister elizabeth to the crown , and married her to ferdinand the ▪ sonne to iohn king of arragon , rejecting his spurious daughter . and f●ier iohn de t●ixerai● his book of the originall of the kings of portugall , affirmes , that the kings of portugall , were usually elected by the svffrages and free choice of the people , who had power to conferre the kingdome on whom they pleased : averring , that alfonso . . and . iohn the . emanuel and antonio , kings of portugall , were thus elected , which though duardus nonius leo , a portugois lawyer denyes , and seemes to resute ; yet he grants freely , that the parliament or assembly of the estates in portugall have usually determined the title , right , and ordered the succession of that crown in the cases of these princes , and determined of their legitimate or spurious birthes : that when the kings of portugall have dyed without heires , they have by the law of all nations freely elected whom they thought meetest for their king : and that after the death of king ferd●nand , they put by iohn and ferdinand the ●onnes of king peter , begotten of agnes de castro his concubine , from the crown , because they were bastards ; and moreover enemies to the name and realme of the portugois , entring with henry and peter kings of castile , in an hostile manner with an army into the confines of portugall wasting them every where , and doing great dammages to , and committing many murthers among their citizens ; for which reason , the states assembled at cotmbri , resolved , that although they were legitimate , yet they could not obtain the succession of that kingdome , quod se hostes & alienos a portugalia declarassent , because ●hey had thvs declared themselves enemies and al●ens to portvgall . and therefore beleeving the kingdome to be void for want of a right heire to succeed , in which case , by the law of all nations they might lawfvlly elect them what king they pleased , they chose iohn the bastard , king , after which he shewes , that philip th● . his tide to the crown , was long debated by , and resolved in the assembly of the states of portugall in the life of king henry , who summoned all the pretenders to the crown to come and declare their titles to it in a parliament held at alm●erin , upon the petition of the senate and people , who earnestly pressed him , that the title of the crown might be setled and discided during his life , to prevent division and c●vill warres after his death : by which it is apparent , that the assembly of the estates of portugall , is the most soveraign power and above their kings themselves . it is clear , that the gothish kings which reigned in spain were not hereditary , but elective , yea , censu●able , excommunicable , and desposable by them for their male-administrations . the generall history of spaine is expresse , that among the goths they did not reigne by right and succession from father to sonne , but those were chosen kings among them , which were held worthy ; which election was made by the nobility and people , and if any one did affect that dignity by any other unlawfull meanes . he was excommunicated and rejected from the company of christians ; as appear●s by the . councell of toledo . thus vallia the . king of the goths , an. . agila the . king an. . luiba the . king an. ● . gundamir the . king an. . suintilla the . king an . tul●● the . king an. . bamba the . king of goths , an . . to omit others , were elected by the nobles and people , though now and then the crown went by succession through usurpation rather then right , theodiscle the tenth king of the goths in spaine , giving himselfe to lusts and adulteries , polluted great and honest families , corrupted nobles wives , and committed many murthers ; whereupon the chiefe of the goths conspiring against him , strangled him at sevill rioting in his banquets , and elected agila for their king : so victrix the . king of the goths , a vitious base unworthy prince , was miserably slain by his own people for his vitiousnesse , as he sate at table . suin●illa the . king of the goths , in the beginning was a good prince , but in the end he grew exceeding covetous and cruell ; wherefore the goths made him resign his kingdome about the yeare . and deprived him of the crowne , he was likewise excommunicated by the bishops ( whose power at that time began to equall that of kings ) at the . councell of toledo ; which interdicted him , with geilands brother , their wives and children , the communion and fellowship of the church , and the possession of their goods gotten by violence and tyrannicall meanes ; and sisenand his adversary , with the consent of the people , obtained the kingdom . the . councel of toledo under cinthilla the . king of goths , about the yeare . decreed , and by a perpetuall law imposed on the kings of spain , not to suffer any one to live within their dominions , which was not a catholike ; the which their kings should solemnly sweare before they were crowned ; and if any king should goe against that law which he had thus s●orn , he should be excommunicate and accursed in sight of the eternall god , and made the fuell of eternall fire : which canon was made , not only by the assent of this king & his bishops but likewise with the consent & deliberation of his nobles and great men . in the . councel of toledo under this king it was decreed , c●n. , , , , , . that the kings children and faithfull servants after their death● , should not be deprived of the lands , honours , and just rewards by the succeeding kings , which had been conferred on them in their lives ; that no man should aspire to the crowne lice●●iously , under pain of excommunication and a divine anathema , whom neither the election of all , nor the nobility of the gothisn nation had no● advanced to this top of honour . that none should , during the kings life , endeavour or use meanes to succeed him after his death ; nor yet revile the prince , under paine of excomunication . all which particulars were ra●ified by new canons in the . councell of toledo under this king , can. , , , , . with this addition ; that the king being dead , none should usu●p the kingdome by tyrannicall presumption ; that none who had been shaven a monke , or dishonestly bald , or descended from a servile stocke , or a m●n of a forraign na●ion , unlesse worthy both in respect of his pedigree and manners , should be promoted to the throne of the kingdome ; nor no man attempt the princes destruction , life , or usurp his crowne tyrannically , under pain of being smitten with a perpetuall anathema , and eternall condemnation , for breach of any the premises these councels , as mariana observes , were in truth generall assemblies of the estates , where they handled not only matters of religion , but likewise of the common-weale by common consent of all . bamba the . king of the goths ( after lewes de may●rn turquets computation which i follow but . after roderick sancho ) was elected king by the goths , as he was plowing with his oxen in the field , being a plain countrey man. some say , that he would never have received this honour and charge , but by constraint , and that refusing it absolut●ly , a noble man of the goths drew his sword , and threatned to kill him if he did not yeeld to the gothes intreat●es , and that his goad wherewith he drove his oxen did suddenly in his hand bring forth leaves . fruit , and roots ; whereupon he took this dignity upon him , more for fear than for any desire to reign . anno . after which eruinge ambitious of command , poisoned king bamba , so as he became madde ; for curing whereof many naturall and superstitious medicines were applyed , but to small effect ; so as bamba coming a little to himself again , and finding his disabilitie to govern , willingly quit the crown , and retired himselfe into a monastery at pampliga , where he lived seven years and one moneth , and eruinge was chosen king in his pl●ce , whose election was confirmed and allowed lawfull in the councill of toledo , can. . as elected thereto by god , and all the peoples desires ; whom this councell absolved from their oath of allegiance formerly made to king bamba , whiles he held the kingdom . in the thirteenth councell of toledo under this king eruinge . anno . it was decreed , that neither the king nor any other should marry the widow of the deceased king , upon pain of excommunication , and to be damned to hell fire . vitiza the nine and twentieth king of the gothes , at his first coming to the crown , shewed himself milde , liberall and religious , but soon after became the infa●my and dishonour of kings , being full of all excesse of iust , impiety , hypoerisie and dissimulation , and exceeding in all vices without shame ; he filled his palace with many wives , which he married , and concubines too ; he publikely allowed to all men , nobles , commons , priests and clergy , to marry as many wives , and keep as many w●ores as they pleased ; he used grea● crueltie to many : flattered the clergy , left by their censures they should draw the people from obeying so filthy and unchaste a king . to prevent all rebellions ( under the colour of peace which spain did then injoy ) he caused all the towns of spain to be dismantled , except leon , toledo , and asturica ; he disarmed the people , disanulled all the immunities of the church ; he recalled the banished the jews , and granted them great priviledges ; he advanced a most ●icked wretch to great honours , execrable to all the people , that so he might not say , himself was the worst of men : finally , as a presage of his future miseries , he shewed ( in all sorts of excesse and violence , contrary to the laws of god and men ) what princes ill instructed and ignorant of true pietie could do : a buffone asking him me●rily , why do you being a king & the son of a king , do thus , you may lose your kingdom ? hereplyed like another dionysius , my father left me his kingdoms , not fortune . in fine , rodorick with the ayd of the gothes nobility and of the romanes , chased this in famous monster out of the throne , which he unworthily held , defeated , and took him prisoner in a set battell , put out his eyes as he had put out others , confined him to cordova , where he spent his dayes in misery , without title or honour , and by suffrages of the people rodorick obtained the crown ; who soone after exceeded vitiza in all manner of vices , cruelty , and tyrannie , and ravished the daughter of iulian earl of cava , whiles he was in embassage in affrick for the affairs of the kingdom ; who to revenge this indignity , and cast out this wicked monster , anno . called the mores into spain , who over-ran and conquered the kingdom , destroyed rodorick and put a period to the gothes kingdom in spain . thus tyrannicall vitious princes ruine at last both themselves and their realms . among the lawes of the wisigothes , lib. . c. . . i finde not onely an act declaring their kings to be subject to their lawes as well as subjects , but likewise a law restraining their kings excesses , and dis-inabling them to alien their crown lands or revenues to their own children or others , but onely the lands which themselves shall purchase ; which was likewise decreed in the eighth councill of tolede , under king recesuinthus , wherein there was this complaint made . quosdam conspeximus reges , postquam fuerint regni gloriam assequuti , extenuatis viribus populorum , rei propriae congerere lucrum ; & obliti , quod reges sunt vocati , defensionem in vastationem convertunt , qui vastationem defensione pellere debuerunt ; illud gravius innectentes , qu●d ea quae videntur acquirere , non regni depistant honori , vel gloriae , sed it a malunt in suo jure consundi , ut veluti ex debito descernant haec in liberourm posteritatem transmitti : resolving , that non personae sed potentiae haec subdi debere , non habenda parentali successione , sed possidendaregali congressione ; regem terrenum jura faciunt , non persona , &c. i likewise finde another law , nullifying all unjust judgements and sentences given by iudges through fear or command of the king. and another law , giving the king power over all offendors against himself , but denying him power to pardon any . delinquents against the nation or countrey . all which considered , prove the whole state , kingdom and councels among the spanish gothes , to be above their kings , who were lyable to their restraints , excommunications , laws , censures , depositions , for their male-administrations , vicious lives , and not successive but elected by them . pelagius the first king of oviedo , ●as elected king , and that kingdom erected by the generall consent of the people oppressed by the moors , about the year , . during whose reign there were severall vice-royes of the moors , in spain , as alcazazin , and ●b●atan and others . his sonne king fasila was slain by a bear which he pursued in the mountains : i doubt his subjects would have resisted him as well as the bear , had the made war upon them . froil● the fourth king of ovedo treacherously slew his own brother vtmaran a gallant knight , generally beloved , ( out of jealousie ) lest he should usurpe the crown ; in revenge of whose death he was soon after slain by his own brother a●relius , anno . who succeeded froila in the realm , notwithstanding he left a son called d alphonso the chaste ; but the hatred that the noblemen did bear unto his father , was the cause of his r●j●ection , being then also very young ; whereby it appears , that the right of succession was not in those dayes practised in spain ; sillo his brother-in-law succeeded him ; after whose death by generall consent , the kingdom was given to alphons● . ramir the tenth king of oviedo did that which all other princes abhor , for he received his son to be companion with him in his kingdom , and caused his brother garcia to reig● with him , so as there were now two kings and courts in oviedo , both agreeing well together . anno . froila dying without issue , because his children were too young to reign , the nobles conferred the kingdom on alphonso the fourth , who after five years turned monke . ramir the third , twentieth king , of leon , abandoning himself to a voluptuous life , contemned all good counsell , so as the earls and noblemen of gallicia seeing his folly , and discontented with his vices , scorned him , and would no more acknowledge him to be their king , electing bermund for their soveraigne , and intituled him king of gallicia , which title he enjoyed ten years about which time the moors in spain which had one king reigning at cordova , after the death of king . mahomet , made so many petty kings , as there was scarce any good town in . spain , but had a particular king , which made strict alliances among themselves for the preservation of their estates . anno , garcia king in gallicia growing a tyrant , spoiled and ill intreated his subjects , governing himself after the appetite or a base woman , who put the nobilitie and gentry in favour or disgrace with the king as she pleased , so as in the end growing insupportable , certain knights slew her in the kings presence ; his brother sancho taking advantage of the peoples harted , entred his realm with a great army ; who thereupon being deserted generally by his people , sled to the moors for ayd , and fell to spoil his own countrey , after which he was defeated , taken prisoner , and so kept in the castle of lune with a good guard till his death . i read in iohn mariana , that in the councill of florence under pope victor the second , anno . hildebrand a cardinall deacon embassadour to henry the second , emperour of germany , complained in the councill against ferdina●d king of spain , in the emperors name , that against the custom of his ancestors and prescript of laws , he did with incredible a●rogancy and levity hold himself exempt from the power of the roman empire , which iniury himselfe could gladly suffer , if there were no other losse but of his own honour ; but since the estate of chr●stendom could not well subsist , and the pop●s authority would likewise be impaired , unlesse all christian kingdoms were united and knit to gether under one temporall head the emperour , whom they should obey ; they ought to suppresse the springing temerity in the wombe , lest by their neglect spreading it self into other provinces , animated with the sweet , and oft-times deceitfull name of libertie , the sacred majestie of the empire and popedom should be reduced to an empty title ; wherefore he desired them to interdict all spain , and excommuniate the king ; which if they did , he would be assistant to the churches honour and republik●s safety then indangered : b●t if they refused it out of fear , he would not be wanting to the honour of the empire , & would certainly look to himself in private . the pope after some deliberation , approved this motion as just , & thereupon sends lega●s to ferdinand in his own and the councils name , to satisfie the emperors demands fourthwirth ▪ under pain of present excommunica●ion . the king doubtfull and fearfull whether to obey or not , summons a generall assembly of the estates of the realme : the clergy and religious sort of men perswaded submission , for fear of the popes excommunication ; the fearfuller sort concurring with them , by reason of the emperours power and their own we●knesse and destraction , and the kings desires of peace , inclined most to their opinion , but ●ome heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of spain ; which being once admitted on their ●ecks , they should hardly shake off again ; that it was better to die fighting , then that the republike should be involved in so great a mischief and indignitie . rodoricus diacius , a noble spanyards opinion ( then absent from the assembly ) being required by the king and it , answered . that this was no matter of counsell : that what was gotten with arms was to be defended with arms ; that it seemed most unjust , that the fruit of others valour should return to those who in their lost condition had not communicated in the labour and danger which recovered it ; a that it was better to die valiantly , than to lose the liberty gained by their ancestors , to become a mocking-stock to a barbarous and cruell nation , who contemned all men bus . themselves ; whose ears were proud , whose speeches contumelious , whose accesse difficult , riotings new , cruelty inhumane ; shall we who have yet hardly escaped the servitude of moors , undergo anew bondage prepared , from the christians ? they will deride both us and ours . doth the whole world , as farre as christianity extends it selfe , obey the german emperours ? shall all the grace , power , honour , riches , gained by ours , and our ancessors blood , give place to the germans ? shall they leave dangers , repulses , iudgemen , want to us ? shall germany again lay on us the yoke of the roman empire , which our ancestors have shaken off ? shall we be a vulgar people without grace , without empire , without authority , obnoxious to those , to whom if we had vigorous mindes , if we were men , we might be a terrour ? but it is difficult to resist the emperous endeavours , not to obey the roman pontifs commands : verily it a basnesse of spirits , for an uncertain fear of war , to involve the commonwealth in most certain dangers : many things are effected by triall , which seemed difficult to slothfull men . i know not what stupidity hath seized on many , whom neither glory moves , nor the infamey of the wretchednesse , thinking it great liberty enough if they be freed from scourges . i suppose the popes ears will not be so averse to our affairs , that he will not be moved with our most just prayers , and the equity of the cause ; let some now be sent , who may boldly defend the cause of our liberty before him , and teach him , that the germans demand unjust things . mine opinion is , that the liberty gained by our ancestors , it to be defended with arms against the attempts of all men , and with this my sword i will maintain , that they are most wicked traitors to their covntrey , who out of a simulation of a fond religion , or shew of preposterous caution , shall give contrary advice , neither shall resolve , that servitude is to be repudiated with greater care by us , then domination is affected by them . so farre forth as every one shall addict himself to the liberty of his coun●rey , so far shall i be a friend unto him , or a deadly enemy . this opinion of roderic prevailed , in pursuit where of they raise an army of ten thousand men , whereof he was made generall ; they send ambassadours to the pope and councill , whereof roderic was chief ; and upon a full hearing of the cause before rup●rt cardinall of ●aint sabria , the popes legat , at tholouse , judgement was pronounced for the liberty of spain , and it was decreed , that the german emperors should from thenceforth have no power nor jurisdiction over the kings of spain ; which was afterwards confirmed by the customes of the people , the consent of other nations , the publike resolution and judgement of lawyers ; as iac●obus valdesius in his book de dignitate regum hispaniae printed . cap. . proves at large . the generall history of spain , records , that the councill of florence resolved , that seeing the kings of spain had defended and conq●ered their realms by arms , without any ayd from the emperours , they were free and exempt from all subjection and acknowledgement to the emperours ; whereof we may read the glosse upon the chapter adrianus papa , distinct . . the like priviledge have the kings of france , the state of venice , the kings of england , and some others ; which clearly demonstrates , the soveraign power of kingdoms and nations even over their kings and princes , and that they may justly desend themselves , and elect other princes , when they are deserted or destroyed by them . anno . sacho ramires king of aragon , to supply the charg●s of his wars against the moors , was sometimes forced to use the revenues of his clergy , his treasure being not able to furn●sh so great a charge ; but the bishops of his countrey , who affected nothing more but to enrich their own order and state , opposed themselves against him , and afflicted him in such sort , as putting him in a vain fear , that he was damned for this cause , they made him do penance in the church of roda before saint vincents altar , in the presence and at the pursuite of raymund dolmare , bishop of that place , the bishop of jarca , and others , and to confesse publikely , that he had grievously offended . thus those good fathers publikely insulted over their soveraigne . anno . king alphonso granted this priviledge , among other , to toledo . that the city of toledo might never be alienated from the crown , nor given upon any title whatsoever , to man , woman , or child . anno . sancho king of na●arre was slain in battell by his brother raymond thinking to reigne after him , but the navarroyes expelled him out of their confines , disdaining that he should raigne over them , who had embrued his hands in his kingly brothers blood , and sending to sancho ramires , . king of aragon , called him to raigne over them , because their slain kings sonnes were ●oo young to raigne , and protect them from their enemies ; by which meanes the kingdomes of arragon and navarre were united . veracha queen of castile , a most lascivious open adultresse , by her unchast life so farre provoked her husband alphonso , that he was divorced from her , made warre against her and confined her : after which she still continuing in her lewdnesse , the nobility and states of castile and leon , revolt from her , take armes against her , depose her from the crowne , and elect and crown her sonne alphonso the . king an. . allowing her onely a pension to support her life . alphonso king of arragon by his last will and testament , most solemnly ratified , for the expiation of his sins , gave divers crown lands , tenements , revenues , and legacies to religious houses and persons , an. . but being prejudiciall to the crown , his will after his death was held void and not put in execution : he being slain by the moores an. . the states of arragon elected one peter tares for their king : who growing exceeding proud of his new dignity , began to despise the nobles , and abrogate the lawes and customes of the country : and the nobles ( being assembled at a general assembly of the states ) going to visit him , he comanded his porter to shat them out , saying , that mounsieur was busie about matters of great importance , but they understood afterwards , that the great affairs causing him to exclude his friends were , his barbar was trimming him : which so incensed the nobles and great men , that the nex● day they held their generall assembly of the estates without the king ; where they first of all decreed to depose their new king , because being ●in honour he had no understanding of himselfe , and because they found he would grow more proud and insolent afterwards : whereupon expelling peter , the estates assembling at borta . elected ramier a monke , brother to king alphonso , for their king ; who was much derided of his nobles for his monkish simplicity , and at last turned monk againe : but those of navarre thinking a monk to be better acquainted with the matters of a monastery then how to govern a kingdome , and being jealous that the arragonoys by chusing a king of the blood royall of arragon , would by this meanes aspire to the chief places of honour and favour in court , it was concluded , that the estates of navarre should assemble at pampelone , where they chose garcia remi●es their king of navarre ; and so the realmes of arragon and navarre which had been u●ited . yeers , were seperated in these two kings . the kingdomes of spain being often before and since this time united and divided , as the people and realmes assented or dissented thereunto . not to mention the troubles of castile by reason of the nonage of their king alphonso the fourth , of whose custody and tuition the assembly of the estates disposed ; or how some knights of castile slew a iew , with whom this king was so enamoured , that he forgot his new spouse , and almost lost h●s sences . a●no . king . alphonso assembled the estates of castile at burgon , to leavie a text upon the people , whereto the nob●litie , as well as the rest , should contribute , imposing . maravidis of gold for every person ; but it took no effect : for all the gentlemen of castile being discontented , that he sought to inf●inge their liberties , fell to armes , and being led by the earle don pedro de lara , they were resolved to resist this tax , and defend their liberties with the hazzard of their lives . whereupon alphonso changed his opinion , and let them understand , that from thenceforth he would maintain their immunities ; and that whatsoever he had then propounded , was not to continue , but only to supply the present necessity of affaires , which he would seek to furnish by some other meanes . for the great resolution which don pedro de lara shewed in this action , the nobility of castile did grant to him and his successours , a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence , and thereby the lords of lara have the first voyce for the nobility in the court of castile . an. . king alphonso the noble called a parliament of the lords , prelates and deputies of the townes of his realm at toledo , to advise and assist him in his warrs against the moores ; where they concluded to crave ayd from all christian princes , and a crossado from the pope against the moores , and made divers lawes to restrain the superfluities of the realm in feasts , apparell , and other things . iames the . king of arragon being young at the time of his fathers death , it was thereupon after ordained in the assemblies of the estates of mencon and lirida , that don sancho earl of roussilon should govern the realm during the kings minority ; but they gave him limitation : the kings person they recommended to frier william of moncedon , mr. of the templers : after which an. . this yong kings vncles seeking to wrest the realme from him instead of governing it , by the fidelity of the estates and their authority , his interest was preserved , and three governours with a superintendent of his provinces were appointed by them ; and to prevent the continuall practises of the earles of roussillon and fernand the king uncles , the states and justice of arragon declared the king of full age when he was but ten yeeres old , and caused the earle of roussillon to quit the regencie ; the authority of the justice of arragon being then great for the defence of the publike liberty . an. . asphonso the noble king of castile dying , his sonne henry being but . yeer old , the prelates , nobles and commons assembled at burgon , having declared him king , and taken the oath , made queen eleonorahis mother , governesse of his person and realms : after whose death , the custody of him was committed to the hands of the lords of lara : this king afterwards playing with other yong children of noble hous●s at palenca in the bishops palace , one of them cast a tyle from the top of a tower , which falling on the covering of an house , heat down another tyle , which fell on the young kings head , wherewith he was so grievously hurt , that hee dyed the eleventh day after , an. yet this his casuall death ( for ought i finde ) was neither r●puted felony nor treason in the child that was the cause of it . after whose death fernand the . was proc●aimed and made king by the states of castile , to prevent the pretentions of the french : after which his mother queen berenguela in the presence of the estates , renouncing all her right to the crown , resigned it up t● her sonne fernand : about this time the moor●s in spain rejected the miralumims of a●rick , and created them severall kings and kingdomes in spain , being never more united under one crown after this division , which they thought it lawfull for them to make . an. . the estates of arragon assembling at barcelona , they consenting and requiring it according to the custome of the arragonians and cattelans , ( these estates having authority to make warre and peace , and leagues ) awarre was resolved against the king of the moores and majorkins . anno . the realm of navarre being very ill governed , by reason their king sancho retired to his chamber , did not speak with any man but his houshold servants , and would not heare of any publike affaires ; thereupon the state began to think of electing a regent to govern the realm during his retirednesse ; to prevent which , sancho made an unjust accord with the king of navarre , and confederated with iames king of arragon , by the assents of the states of the realm to leave his kingdome to him if he survived him ; yet after his death thibault earle of champaigne was by the states of navarre elected and proclaimed king. and anno . the estates of arragon and cateloigne assembled at moncon for the continuance of the warre with the moores and conquest of valentia , without whom it was not lawfull for the king to undertake any matter of importance . for maintenance of this warre , a custome called marebetine , and an exaction of impost for cattell was by the estates imposed on the people ; it was likewise decreed , that all peeces of gold and silver coyned should be of one goodnesse and weight , to the observation of which edict for coynes , all were bound to sweare that were above . yeers of age . anno . iames king of arragon , revealing to his confessor the bishop of girone , that before his marriage with queen yolant he had passed a matrimoniall promise to theresa of bidame , she sued him thereupon before the pope , who gave sentence against her for want of sufficient witnesse , notwithstanding his confessors testimony : the king hereupon grew so angry with the bishop for revealing his secrets , that sending for him to his chamber , he caused his tongue to be cut out : for which out-rage committed on the bishop , though faulty , the pope in the councell of lions complained , and in the end interdicted all the realme of arragon , and excommunicated the king . hereupon to take off this interdiction and excommunication , the king sent the bishop of valentia with his excuse and humiliation to the pope ; wherewith he being some what pacified , sent two legates into arragon ; who having assembled a synod of bishops at lerida , they caused the king to come thither , and to confesse his fault upon his knees before these fathers , with great submission and teares , who gave him absolution , upon condition he should cause the monastery of boneface to be built , and endowed with an hundred and forty pounds of silver , of annuall rent ; endow an hospitall for the poore with foure hundred pounds silver per annum , and give a prebendary in the great church of g●rone , for the maintenance of a masse-priest . about which time the moors in spain erected many new kings and kingdoms by mutuall consent , and mahumad aben alamar for his valour , was by the inhabitants of mariona , elected and made first king of granado . anno . all was in combustion in portugall by the negllgence and basenesse of their king don sancho capello , who was wholly given to his wives humours , hated of the portugales , and himselfe disliked for her sake : for many malefactors and insolent persons were supported by her , who grew daily more audacious in their excesse , without feare of iustice , which was trodden under foot , for their respect . for these considerations , and her barrennesse too , all the noblemen of the kingdome desired to have the queen ( called mencia ) separated and sent out of portugall : for effecting whereof , they made a great instance at rome , but neither exhortation , admonition nor commandment , nor censure could prevaile , the king so doting on her , that he would not leave her : which the portugals perceiving , some of them presumed to seize on her in the city of coimbra , and conducted her into gāllicia , from whence she never more returned into portugall . not content herewith , they sought to depose the king from his royall dignity too , for his ill government , and to advance his brother don alphonso to the regall throne , in his place ; whom the estates assembled made regent of portugall , leaving only the title of king to his brother ; which fact of the estates , the pope in the councell of lions , authorized by his apostolicke power : with which the king being displeased , abandoned his realme , and retired into castile . anno . the lawes and customes of arragon , were reduced into writing by king iames his appointment , and compacted into one body , having till that time been observed onely by tradition : which volume was confirmed by the estates held at huesca : and the same yeere the king of castile erected a kind of chancery and standing court of parliament of . learned men , which followed the court. anno . thibald the . king of navarre being but . yeers old at the descent of the crown unto him , was at . yeers of age , declared of full age , and crowned king in the great church of pampelone , where he did sweare , to preserve and augment the priviledges of the covntry : afterwards he doing homage to the king of castile for the realme of navarr● , as his predecessours had done before him , and making such a peace with him as the prelates , knights and commonalties of the realme in the states had approved , yet divers knights and the inhabitants of the borough of s● . ●●rmin of pampelone disallowed this homage , this peace , and would not subscribe to it , as tending to the kings dishonour ; whereupon the king did punish them by sines ▪ but his choller being past , some few dayes after , considering they were good and faithfull subjects , loving his honour and greatnesse , and that they resisted his will out of true love and zeale which they owed to the crowne and their countrey , hee caused their f●nes to be restored . alphonso the . fifth king of por●●gall putting away his 〈◊〉 wife mahauis without cause after he had children by her , and marrying 〈◊〉 , hereupon when by no intreaties of friends or the pope he would entertaine his first wife again , he was excommunicated by the pope , and his realme interdicted or ●● , yeerspace , continuing still obstinate till his first wife dyed , after which he was absolved . anno . and in some yeere following , there were divers 〈◊〉 concerning the crown lands , and setling of portions for the king of a●ragons younger children , moved and determined in the assembly of the estates of arragons and the nobility complaining , that their king iames did b●●ake 〈◊〉 , made many leagues and factions . this matter being debated 〈…〉 saragossa , and then at exea in the yeare . for pacifying these troubles they enacted , that no honours nor military fees should be given to any but to gentlemen of race , and born in the countrey . that no gentleman should be subject to the 〈◊〉 of cattell : nor to any other . that in all controversies which the nobility might have against the king or among themselves , the magistrate called the iustice ma●or of arragon should be iudge , being assisted by the councell . that the king should not give the fees and military rewards : , allotted to them that doe him service , as are co●peace of their vertue and valour , to any of his lawfull children , who by right have their portions in the realme : anno. . iames king of arragon comming to the councell of lions , desirous thereto be crowned by the hands of pope gregory ; ( a ceremony whereof he made great account : ) the pope refused him , unlesse he would acknowledge himselfe vassall to the church of rome , and pay the arrerages of the rent which the deceased king don pedro his father had promised : the which king iames would not doe , holding it an unworthy thing so to d●base the greatnesse of his crowne , and restraine the liberty of his realme in any sort . and this yeare there were great and continuall tumults in arragon , the nobility opposing themselves against the king : for composing which differences the estates of arragon assembled in parliament at exea , where king iames tooke the government and managing of the affaires of the realme from his sonne don pedro : and diverse great dons were there condemned of contumacy , and their lands confiscated by the iustice major of arragon : in this assembly the nobility pleaded the priviledges of catteloyne ; that the nobility might quit the kings obedience in case of controversies and suites , especially if there were question of their liberties , and to protest it publikely . anno . denis the infant king of portugall desired his grandfather alphonso king of castile to discharge the realm of portugall of the homage and vassallage it ought to the king of ●eon , who thinking it would be taken ill by the noblemen his subjects , advised the infant to propound it in an open assembly , called to that end . the opinion of don nugno de lara was , that by no meanes he should diminish the authority and greatnesse of his crown , which he should doc , if he did quit this homage to the king of portugall : for which opinion the king growing angry with him , the residue fearing the kings displeasure , advised him to doe it : whereupon the realme of portugall was freed from all homage and subjection due to the kings of leon and castile : for which prodigality the other nobles and d. nugno were so much discontented , that they made a league with the king of granado against their own king , for dismembring portugall from the crown of leon ; to pacifie which differences the king used many mediations , and at last called an assembly of the estates at burgos , the which was held without the towne for the safety of these confederates . that great astronomer alphonso king of castile , ( who presumed to controule the author of nature , saying ; that if he had been at the creation of the world , hee should in many things have been of another opinion , and amended gods workmanship ; ) was a most willfull , indiscreet , unfortunate prince : for his eldest sonne fernand dying in his life time , leaving alphonso and other issue males behind him , don sancho his second son resolved to dispossesse his nephews of the kingdom , saying ; that it was fit , that he who was a knight , and learned to govern a realme , were it in warre or peace , should raigne after his father rather then his nephews , sons of his eldest brother who were very young , having need of regents and governours , charges which were affected by great personages , who by reason thereof grew into quarrels one with the other , to the oppression of the people , and hazzard of the estate . after which , don lope diaz of haro pressed the king to declare don sancho his sonne , his successour in the realmes of castile , toledo , leon , and other places , being his eldest sonne then living ; to which he giving a cold answer at first , having afterwards assembled the estates in segobia , he was by the king and the estates consent declared and received as heire to the crown after his fathers decease , fernands children being disinherited of their right , which fact was then excused and justified , because there was no law at that time which did binde the king , much lesse the estates , to leave the realme more to one sonne then to another : since which there was a law made and received in the time of fernand the . in the city of taro ; where it was decreed by the estates upon this difficulty , that the children of the elder brother deceased , representing their fathers person , should in that respect be preferred before the vncle : hereupon queen violant , and blanche widow to fernand were so much discontented with the decree of the estates , disinheriting the eldest brothers sonnes , as taking the young children with them , they departed out of castile to don pedro king of arragon ; where don sancho caused his nephews to be imprisoned , whom king alphonso labouring under hand to get releas●d , don sancho advertised hereof , made a league with the moores of granado , against his father , and by assent of his confederates took upon him the title of regency of the kingdome of castile and other his fathers dominions , refusing the title of king , during his fathers life time ; who was forced to pawn his royall crown and iewels to iacob abin ioseph a moore , king of morocco , who aided him willingly against don sancho . after which in an assembly of the states at cordova with the advise of the noble men and knights of castile thereupon sent , by a decree pronounced by the mouth of don manuel , in the name of the whole nobility , alphonso was deprived of all his realmes , for murthering his brother don frederick , and burning don rues unjustly without any forme of justice or orderly proceedings , the breach of the rights and priviledges of the nobility , and the excessive wasting of the treasure of the realme . vpon this there arose bloody warr●s between the father and sonne ; and in the yeere . alphonso was so vexed with his sonnes proceedings , that hee pronounced in the presence of many men of ranke both clergie and laity in the city of sevill , the curse of god and his upon don sancho , a sonne , said he , disobedient , rebellious , and a paricide , declaring him uncapable and unworthy to reign , depriving him of his successions , inheritance , and discharging the subjects , as much as in him lay , from all oath and homage which they had done unto him . but these were but words which don sancho did not much esteem ; enioying his fathers kingdomes after his decease in title , as he did before in act , and dying king of custile , his h●ires succeeded him in that realme , as lawfull heires thereunto . don pedro the third , king of arragon about the yeare . had many controversies with his nobles and knights who complained much of his sower disposition , and tyrannous manner of government , insulting over the greatest , yea against his own blood , contrary to all law and nature . wherefore being ill intreated by him in their freedomes , whereof the townes and commonalties of his countries did also complain , the nobility , knights and gentry , for preservation of their liberties made a vnion together among themselves and with the people ; promising and swearing to l●t the king and his sonne don alphonso ( who was his lieutenant generall ) understand , that if they did not contain themselves within the limits of the lawes of the country , they would withdraw themselves from their obedience , and declare themselves enemies , and pursue them by armes that should seek to break them . the king hereupon called the estates to tarrasone , and afterwards to saragossa , where he intreated , promised and did all what he could to break this vnion : but he was forced to yeeld , and granted to the arragonians the priviledge they call generall , whereby their liberties which had been somewhat restrained , were again restored , the ancient manners of the country , and customes of their ancestours put in practise . and moreover there were laws made for their kings , which they should be bound to obey ; and for that they were in a mutiny in some places , by reason of certain impositions laid upon salt , the traffique thereof was made free by the estates . and the king refusing the judgment of the iustice maior of arragon , deposing pedro martines artassone ( who then exercised it ) from his office , the estates soon after at an assembly at zutaria , fortified it with stronger laws , deeming the iustice of arragon to be a lawfull iudge , ( whom the king himself could not displace ) even in cases commenced against the king ; who being cited and not appearing , there were decrees made against him in many instances . in the end the king confirmed the decrees of the iustice maior , and whatsoever should be concluded by the estates , the deputies and councellors having given their suffrages . i read in hieronimus blanca , that about the year . the arragonians taking it ill that their liberties gotten with their blood , should so many wayes be subverted , as then they were by king pedro the first , raised up the name and forces of a vnion , that with one force , and the consent of all , one minde as it were being made out of all , they might more easily propulse so great injuries ; but what was then done hereupon , is not recorded ; but the two memorable priviledges of the vnion under king alphonso the third , are said to spring from thence . don alphonso king of aragon succeeding pedro , anno . he was admonished by the estates ambassadours , to come speedily to the assembly at saragossa ; where having sworn and promised the observation of the customs , rights and priviledges of the countrey , and received the oath of fealty from the deputies , he might lawfully take upon him the title of the king of aragon ; the which they said , he might not use before this act and ceremony , according to the ancient customs of aragon . vpon these summons he came to the assembly of the estates to saragossa , took the oath aforesaid , after which he was crowned : which done there grew in this assembly a great contention , touching the reformation of the mannors of courtiers , and the ordering of the kings house ; the noblemen and deputies of the estates of aragon maintaining ; that the conusance thereof was incident to their charge ; the king , and his houshold servants on the other side , denied , that there was either law or custom which tyed the king or his followers to any such subjection . in the end it was concluded , that the reformation of the court should be made by twelve of the principall families , the like number of knights , four deputies of saragossa , and one of either of the other cities , the which should give their voices in that case . this vn●on of aragon obtained likewise a decree , that the king should have certain councellors chosen , to wit , four of the chief nobility , four knights of noble and ancient races ; four of his houshold servants , two knights for the realm of valencia , two citizens of saragossa , and one of either of the other cities ( whom they particularly name ) with a condition , that whilest the king should remain in aragon , ribagorca , or valencia , two of those noblemen , two of his servants , two knights of aragon , one of valencia , and the four deputies of the realm of aragon , should follow and reside in his court , as covncellors appointed by the vnion ; who protested by solemn deputies sent to the king to that end , that if he did not receive , observe , and maintain those orders , they wovld seize vpon all his revenves , and on all the fees , offices , and dignities of such noblemen as should contradict them . thus were the kings of aragon intreated in those times by their subjects , who entred into a vnion between themselves , resolving , that for the common cause of liberty non verbis solum , sed armis contendere liceret ; that it was lawfull for them to contend not onely with words , bvt with arms to ; and determined in this assembly of the states , a comitijs intempestive discedere regi nefas esse , that it was unlawfull ( yea , a grand offence ) for the king to depart unseasonably from his parliament , before it was determined . our present case . iames the second of aragon being in sicily at the death of king alph●nso , don pedro his brother assembled the estates at saragossa , to consult , left the state in his absence would receive some prejudice ; where james arriving , having first 〈◊〉 and promised the observation of the rights and priviledges of the countrie , was received and crowned king . about the year iames , by advice of his estates held at tarragone , made a perpetuall vnion of the realms of arragon and valencia , and the principal●ty of catelone , the which from that time should not for any occasion he disunited . in which assembly don iames eldest son to the crown , being ready to mary leonora of castile , suddenly , by a strange affection , quitting both his wife and succession to the realm of arragon , told his father , that he had made a ●ow neither to marry , nor to reign ; so as notwithstanding all perswasions of the king and noblemen . he quit his birth-right to his brother don alphonso , after the example of esau : discharged the estates of the oath they had made unto him , and presently put on the habite of the knights of ierusalem ; whereupon his second brother , was by the estates of arragon acknowledged and sworn heir of these kingdoms , after the decease of his father . at this time the authority of the iustice of aragon was so great , that it might both censure the king , and the estates , and appoint them a place , and admit them that did assist , or reject them . ferdinand the fourth , king of castile , being but a childe when his father sancho died , was in ward to his mother queen marry , his protectresse ; he had two competitors to the crown , alphonso de la cede , and don iohn , who making a strong confederacy , were both crowned kings , against right , by severall parts of his realm , which they shared between them . the states assembled at zamora granted great sums of money to ferdinand to maintain the wars with his enemies , and procure a dispensation of legitimation and marriage from the pope , who would do nothing without great fees . after which he summoning an assembly of the estates at m●dina , they refused to meet without the expresse command of the queen mother , who commanded them to assemble , and promised to be present , after this divers accords were made twixt him and his competitors ; and at last calling an assembly of the estates to assist him in his warres against the moors ; he soon after condemned two knights , called peter and iohn of caravajal , without any great proofs , for a murther , and caused them to be cast down headlong from the top of the rock of martos ; who professing their innocency at the execution , they adjourned the king to appear at the tribunall seat of almighty god within thirty dayes after , to answer for their unjust deaths ; who thereupon fell sick and died , leaving his son alphonso the , very young ; for whose regency therebeing great competition , the inhabitants of avila , and their bishop resolved , not to give the possession and government of the kings person to any one , that was not appointed by the assembly of the estates ; whereupon the estates assembling at palence , committed the government of his person to q. mary his grandmother and queen constance his mother ; who dying , another assembly of the estates was called at burgos , anno . who decreed , that the government of the king , and regencie of the realme should be reduced all into one body betwixt q marry , don pedro , and don iohn , and if any one of them should dye , it should remain to the two other that did survive , and to one if two dyed . after this , anno . these tutors and governours of the realme of castile were required by the estates in an assembly at carrion to give caution for their government , and to give an account what they had done . who often jarring and crossing one another ; divers assemblies of estates were oft called to accord them . anno . the estates assembling , appointed new governours of the king and realme , who discharging their trust very lewdely and oppressing the people , anno . they were discharged of their administration at a parliament held at vailledolet : in which the king did sweare , to observe the fundamentall lawes of the realme , and to administer justice , maintaining every one in his estates . goods and honour : which done , the deputies of the estates swore him fealty . this king afterwards proving very cruell and tyrannicall , his nobles and subjects of times successively took up defensive armes against him , his tyranny augmenting their obstinacy , and procuring him still new troubles ; whereupon at last discerning his errours , he became more mild , and often assembled the estates in parliament , who gave him large subsidies to maintain his warres against the moores . the province of alava had a custome to chuse a lord under the soveraignty of castile , who did govern and enjoy the revenues appointed by the lords of the countrey ; for the election of whom they were accustomed to assemble in the field of arriaga ; those of this election being called brethren , and the assembly of the brotherhood . notwithstanding in the yeer . the brotherhood and estates of this province sent to k. alphonso divers articles , which they beseeched him to confirme , promising for their part , that this should be their last assembly , and that the name and effect of their brotherhood should remain for ever extinct , and the province be for ever united to the crown of castile , if he would confirme those articles to them , being . in number , which he did . the chiefe were these , that the king nor his successors should not alien any place of his demesnes . that the gentlemen and their goods should be free and exempt from all subsidies as they had been heretofore . that they and others of the countrey should be governed according to the customes and rights of soportilla ; and that divers townes and villages therein specified should be free from all tributes and impositions . about the yeer . mahumet king of granado , becomming casually blind , was soon after deposed by his own brother , and the great men of his realme , who were discontented and disliked to be governed by a blind king , who could not lead them to the warres in p●rson . which kingdome went by election commonly , as is evident by his three next successours , and mahumet the sixth king of granado . anno . lewes hutin was crowned king of navarre at pampelone , where he sware , to observe the lawes and rights of the realme . after which , anno . philip the long was elected by the estates of navarre to be their king in right of his wife , but it was upon conditions drawn in writing which they tendered to him and the queen to subscribe and sweare to , before the solemnities of their coronation , in the estates assembled at pampelone , which they yeelded willingly unto ; whereof the principall articles were these : . first , to the estates to maintain and keep the rights , lawes , customes , liberties , and priviledges of the realme , both written and not written , whereof they were in possession , to them and their successours for ever , and not to diminish , but rather augment them . . that they should disannull all that had been done to the preiudice thereof by the kings their predecessors , and by their ministers , without delay , notwithstanding any let. . that for the tearme of . yeares to come they should not coyne any money , but such as was then currant within the realme , and that during their lives they should not coyne above one sort of money , and that they should distribute part of the revenues , profits and commodities of the realme unto the subiects . . that they should not receive into their service above foure strangers , but should imploy them of the countrey . . that the forts and garrison of the realme should be given unto gentlemen borne and dwelling in the countrey , and not to any stranger , who should do homage to the queen , and promise for to hold them for her , and for the lawfull heire of the countrey . . that they should not exchange , nor engage the realme for any other estate whatsoever . . that they should not sell nor engage any of the revenues of the crowne , neither should make any law nor statute against the realme , nor against them that should lawfully succeed therein . . that to the first sonne which god should give them , comming to the age of twenty yeares , they should leave the kingdome free and without factions , upon condition , that the estates should pay unto them for their expences an hundred thousand sanchets , or other french money equivalent . . that if god gave them no children , in that case they should leave the realme after them free , with the forts , in the hands of the estates , to invest them to whom of right it should belong . . that if they infringe these articles or any part of them , the subiects should be quit of their oath of subiection which they ought them . these articles being promised and sworne by the king and queen , they were solemnly crowned , and the deputies of the estates , noblemen and officers of the crown took their obedience to them . vpon this agreement , all the castles and places of strength in navarre were put into the hands of the estates , who committed them unto the custody of faithfull knights , in whose keeping they continued ; a catalogue of which castles with the names of the knights that guarded them , by the estates appointment , in the yeare . you may read at large in the generall history of spaine . before this anno . the estates of navarre assembled at puentala reyna , to resolve without any respect , to whom the realm of navarre belonged , whether to edward king of england , or to iane countesse of eureux . the estates being adjourned to pampelone , the chief town of the realme , their opinions were divers ; many holding that king edward should have the realm , as granchilde ( born of the daughter ) to queen iane , daughter to king henry , rather then the countesse of eureux , in regard of the sex ; others , with more reason , held for the countesse , who was in the same degree , but daughter to a son , and heir to queen iane. these prevalled , drawing the rest to their opinion ; whereupon the countesse was declared true and lawfull queen of navarre , the realm having been vacant above four moneths . and untill that she and count philip her husband should come and take possession of the realm , they declared the regent and viceroy don iohn corberan of leet , standard bearer of the realm , and iohn martines of medrado . lo here a parliament of the estates of navarre , summoned by themselves , without a king , determining the right of succession to the crown , appointing a vicegerent , and prescribing such an oath and articles to their king , as you heard before . anno . king philip of navarre , to administer justice , erected a new court of parliament in navarre , which was called new , to distinguish it from the old ; he and the three estates of the realm naming men worthy of that charge . queen iane and philip deceasing , their son charles the second , surnamed the bad , for his crueltie and ill manners , was called by the three estates of navarre to pampelone , and there crowned in their assembly after the manner of his ancestors , swearing to observe the lawes and liberties of the country . a●ter which a far stricter oath was administred to charles the , an. . anno. . in a generall assembly of all the estates of arragon , don pedro son to the infant don alphonso , was sworn presumptive heir and successor to the crown , after the decease of his grandfather and father , the which was there decreed and practised , for that don pedro earl of ribagorca did maintain , that if his brother don alphonso should die before their father , the realm did belong to him by right of propriety , being the third brother , rather then to his nephew the son of the second brother . in this assembly the articles of the generall priviledges were confirmed ; and it was ordained for a law , that no freeman should be put to the racke , and that confiscations should not be allowed , but in cases of coyning and high treason . anno . alphonso king of castile , treacherously murthering don iohn the blinde , his kinsman , in his own court , when he had invited him to dinner on all saints day , and then condemning him for a traitor . confiscating his lands ( a fact unseemly for a king , who should be the mirrour of iustice : ) hereupon don iohn manuell stood upon his guard , fortified his castles , revolted from the king for this his treachery , allyed himself with the kings of arragon and granado , overran the countries of c●stile , from almanca unto p●gnafield ; the prior of saint iohns , don fernand rodrigues , hereupon caused the cities of toro , zamora , and vailledolit , to rebell and shut their ga●es against the king ; and many others likewise re●olted from him : at last he was forced to call an assembly of the estates , who gave him subsidies to ayde him in his wars against the moors ) and to conclude a peace with don manuel and his other discontented subjects ; whom he afterwards spoiling of their lawfull inheritances , and pursuing them in their honours and lives by tyrannous crueltie , extending his outragious disdain even to women of his own blood , he thereby so estranged most of his princes and nobles from him . that they revolted from him , and j●yned with mahumet king of granado , and the moors in a warre against him , which lasted three or four yeers , putting him to infinite troubl● , exations and expences , enforcing him to make a dishonourable peace with the moors , to release the tribute which they payed him formerly ; and after much media●●on he concluded a peace thorowout all the realm with his discontented subjects . this prince thinking to raign more securely , had taken a course of extream severity , shewing himself cruell and treacherous to his nobility , whereby he was feared , but withall he lost the love and respect of his subjects , so as he was no sooner freed from one danger , but he fell into another worse then the first , his nobles holding this for a maxime , that a tyrant being offended will at some time revenge himself , and therefore they must not trust him upon any reconciliation , who to pacifie the troubles which had grown by his own errour , had made no difficulty to sacrifice ( upon the peoples spleen ) his own mignions , degrading , and in the end murthering , condemning them as traitors after their death , yea , the princes of his own blood , taking their goods , estates , and depriving the lawfull heirs , seeking to reign over free men , and generous spirits as over beasts entreating them as base and effeminate slaves , who might not speak their opinions freely in matters of state and government , of which they were held dead members and without feeling . whereupon d. manuel and other nobles , as men endued with understanding , reason , and not forgetting the nature of alphonso , who was proud , a contemner of all laws , and treacherous , they proceeded so farre as to withdraw themselves from his subjection by protestation and publike act , and entred into a league with the king of portugall , incensing him to take up arms for their defence : where upon king alphonso having some feeling , that cruelty was too violent remedy for men that were nobly borne , he sought by all milde and courreous meanes to divide them , and to draw some of them to his service , which he effected , and so more easily conquered , and reduced their companions . an. . was founded the town of alegria of dulanci , in the province of alava , and many villages thereabout , the which obtained from the king the priviledges and lawes of the realm , whereby the inhabitants should govern themselves , with libertie to chuse their own iudges . don pedro the first , king of castile , surnamed the cruell , most tyrannically murthering and poysoning divers of his nobles and subjects without cause , banishing others , quitting blanch his espoused wife within three dayes after his marriage , to enjoy the unchaste love of doxna maria de paedilla , by whom hee was inchanted , which much troubled the whole court ; divorcing himselfe without colour , by the advice onely of two bishops , without the popes assent , from blanch , and marrying jane of castro in her life time ; hanging up divers burgesses of toledo causlesly , for taking the queens part too openly , and among others a goldsmiths sonne , who offred to be hanged to save his fathers life ; causing his own brother don frederick , and divers nobles else to be suddenly slain , anno . poysoning and murdering likewise divers noble ladies , among others don leonora his own aunt : after which anno . he murthering two more of his own brethren , executing divers clergy men , and knights of castile , banishing the archbishop of toledo , putting divers jews ( as samuel levy his high treasurer , with his whole family ) to death , to gain their estates , and causing his own queen blanch to be poysoned , after she had long been kept prisoner by him . anno ● . hereupon his cruelties , rapines and murders growing excessive , and the popes legat denouncing him an utter enemy to god and man , henry earle of transtamara , his brother , with other fugitives getting ayde from the king of navarre , entred castile with an army , where by the nobles importunity he tooke upon him the title of king of castile and leon ; which done , the whole kingdom ( long oppressed with d. pedro his tyranny ) immediately revolted from him , so that in few dayes henry found himselfe king of a mighty great kingdom , almost without striking stroke , the people striving who should first receive him , such was their hatred to the tyrant pedro : who being doubtfull what to doe , fled with two and twenty ships out of his realme to bayon , craving ayde of the english to revest him in his kingdom ; mean time king henry assembling the estates at burgon , they granted him the tenth penny of all the merchandize they should ●ell in the realm , to maintaine the warres against pedro ; who getting ayde from the english upon conditions , accompanied with the valiant black prince of wales , entred with a great army into spain , where the prince writing to henry , voluntarily to resign the crown to pedro his brother , to avoyd the effusion of christian blood ; he made answer , that he could not hearken to any accord with him , who had against the law of nature taken delight to murther so many of the blood royall and other great personages of castile , who had not respect of the lawes of the countrey , and much lesse of god , falsifying his oathes and promises , having no other rule in his actions , but his tyrannous passions . whereupon , battell being joyned , henry was conquered , and pedro restored ; but hee discontenting the english and others , who had reseated him in his kingdome , by his insolency and tyranny , and the biscaniers refusing to be under the command of strangers , whom they would never consent to be put in possession of their countrey ; and with all falling to his former cruelties , and courses contrary to the advice of his friends and astrologers ; he so estranged the hearts of all from him , that the english returning , and henry receiving new forces from the french , entred castile , suddenly , and conquered the tyrant ; who being betrayed into k●ng henry his hands as hee was taking his flight by night , king henry stabbed him with dagger in the face , and at last getting him under him , slew him with his dagger for his excesse and tyranny , anno . and raigned quietly in his steed . i might prosecute and draw down the histories of all the spanish kings and kingdomes from his dayes till this present , which are full fraught with presidents of this nature , ●o prove all the kings of spaine inferiour to their kingdomes , assemblies of the estates , lawes , resistible , deprivable for their tyrannyes ; but because those who desire satisfaction in this kinde , may read the histories themselves more largely in the generall history of spaine , in ioannis pistorius , his hispanie illustratae , ( where all their chiefe historians are collected into severall volumnes : ) and in meteranus and grimstons histories of the netherlands : i shall for brevity sake pretermit them altogether , concluding with one or two briefe observations more touching the gothish and arragonian kings in spain , which will give great light and confirmation to the premises . first , for the antient kings of the gothes in spain , aimoinius , and hugo grotius out of him , confesse ; that they received the kingdom from the people , revocable by them at any time ; and that the people might depose them as often as they displeased them ; and therefore their acts might be rescinded and nulled by the people who gave them only a revocable power : which the premised histories experimentally evidence : such likewise were the kings of the vandales , removable at the peoples pleasure as procopius writes : such the kings of the heruli , quadi , iazyges , lombardes , burgundians moldavians africans , the ( l ) moores in spaine , the two annuall kings of carthage , the antient germane kings the kings of sparta ; and most other kings of greece , as historians and authors of best credite relate . secondly , for the kings of arragon , and originall constitution of the kingdom , i find this memorable passage in hieronymus blanca his rerum arragonenfium commentarius , pag. . . . & ● . . in the third tom. of ioannis pistorius his hispaniae illustratae , sancho the fourth king of arragon dying without issue , the estates and people advising together what course they should take for their security and future good administration of the common-weale , about the year of our lord , . elected twelve principall men to whom they committed the care and government of the republike during the inter-regnum . these because they were very ancient men , were called elders , from whence those who by birth are stiled rici-men , drew their originall ; and this manner of governing the common-wealth continued long ; but the great incursions of the arabians pressing them , they imagined it would not continue firme and stable : yet notwithstanding , taken with the sweetnesse of liberty , they feared to subject themselves to the empire of one man ; because verily they beleeved that servitude would proceed from thence . therefore having considered and rightly pondered all things , and reasons , they made this the result of all their counsels ; that they should consult with pope adrian the second , and the lombards what course they should take by their advise , which should be most meet for the perpetuating of the empire : to whom , as reports goe , they returned this answer . that preordaining certaine rights and lawes , retified with the previous religion of a cautionary oath , they should set up one king over them ; but yet should reject a forraign dominion ; and that they should take heed , that he whom they adopted to be king , should be neither of the superiours , nor inferiours ; left , if superiour , he should oppresse inferiours , or lest , if inferiour , hee should be derided by superiours ; to which counsell and sentence they submitting , founded that ancient suprarbian court : for according to the answer given , all decreed , that they ought to elect one man excelling in vertue for their king ; but yet , lest the pleasures of kings , like as in other princes , should likewise even among us become lawes , they first of all enacted some lawes by which they might heale this inconvenience . these lawes they afterward called the suprarbian court , which we should largely prosecute , but through the injury of time , the knowledge of them is buried , and some fragments of them only are extant , observed by prince charles himselfe , and some other writers , which we shall verily remember ; because they are as the first elements of our republike , and containe in them , the institution of the magistrate of the iustice of arragon , which is the chiefe thing of our institution ; therefore in the beginning of that court it was provided , that the king which should be , since the kingdom , lately taken from the moores , was freely and voluntarily conferred on him , should be bound both by the religion of an oath , as likewise by the force and power of lawes , to observe the lawes and liberties of the kingdom ; now the lawes were these , ; governe thou the kingdome in peace and righteousnesse , and give us better courts of justice . the things which shall bee gained from the moores , let them be devided not only between the rich-men , but likewise between the souldiers and infantry ; but let a stranger receive nothing from thence . let it bee unlawfull ( or a wicked act ) for the king to enact lawes , unlesse it be by the advice of his subjects first given . let the king beware , that he begin no warre , that he enter into no peace , conclude no t●uce , or handle any other thing of great moment , without the concurring assent of the elders . now lest that our lawes or liberties should suffer any detriment , let there be a certain middle iudge at hand , to whom it may be lawfull to appeal from the king , if he shall wrong any one , and who may repell injuries , if peradventure he shall offer any to the common-weale . with these lawes therefore and sanctions , those our ancestors confirmed the enterprise of new moulding and reforming the common-wealth : but verily this was the chiefest garison for to retaine their liberty , whereby they ordained the presidentship of a middle iudge ; placing the power in such sort in the king , that the temperating of it should be in the middle iudge : out of which things , the moderate and musicall state of the common-weale which we enjoy , is moulded and made up . for from the very beginning of things even to these later times , wee see by force of this intermediate magistrate , and by the goodnesse and clemency of most peaceable kings , that both our pristine liberty , and ancient priviledge hath been alwayes retained , and due loyalty and reverence to the kings majesty , observed : neither hath the kingdome onely emplored the help of this magistrate against kings , but the kings themselves oft-times against the kingdome ; by which meanes , many intestine evils have been appeased without any tumult , which unlesse they had been civilly suppressed , seemed verily to have been likely to have broken out to the common destruction of all men ; so as we may rightly affirm , that in this alone , the summe of preserving civill concord both to kings and the kingdome hath consisted . this magistrate was at first called the iustice maior ; afterwards assuming the name of the kingdome it selfe , it was called the iustice of aragon : by these ( formentioned ) prescribed lawes , the will of him who desired to be king of aragon , was wholy to bee directed and formed ; and unlesse he would first suffer his faith to bee obliged in most strick bonds for keeping of them , any future soliciting was to be preposterous . having therefore laid the foundations of their countreys liberty , all of them began to dispute among themselves about electing a king : to which end , they all assembled together at arahvest to chuse a king ; where they were suddenly besieged by the arabians : which iunicus arista king of the pompelonians hearing of , came with an army and rescued them ; whereupon they elected him for their king with unanimous consent , and calling him unto them , shewed him the lawes they had pre-established ; on● whereof , concerning the middle magistrate , seemed most hard unto him : but having more deligently considered the matter , and that they voluntarily offered him the kingdome gained from the enemies ; hee not only ratified the lawes themselves , but likewise added this new law , or priviledge to them : that if the kingdome should happen hereafter to bee oppressed by him against the lawes , ( iustice ) or liberties , the kingdome it selfe should have free liberty to elect another king , whether a christian or an infidell which clause of an infidell king , they refused to have bestowed on them , because they judged it shamefull and dishonourable : after which iunicus taking an oath to observe the former lawes , was advanced to the throne and made king of aragon about the year . moreover , to establish all these lawes and constitutions , our ancestors themselves adjoyned the accession of a publike vnion ; ordaining , that it should be lawfull and just for them , to meet all together , et regi obsistere armis et vi , and to resist the king with armes and force , as oft as there should be need to propulse any assault of him or his , made against the lawes ; which form of assembling together for the common cause of liberty , they called a vnion , ( or association : ) neither did they anciently lesse think all their liberties to be preserved by this vnion , then humane bodies themselvs are by nervs and bones . and although it were not prescribed in that suprarbian forum , yet they thought it deduced from the very beginnings of things , and deeply fixed and impressed in the sense of all men , and to be established by our common law , as by another law of nature , and that its force was enough and more then sufficiently known and discerned by use and reason . for they said , it would be but a thing of little profit for them , to have good lawes enacted , and the very iudiciary presidentship of a middle iudge , if when there should be need , ad earvm defensionem arma capere non liceret , cum jam tunc satis non esset pugnare consilliis ; it should not be lawfull for them to take up armes in their defence , when as then it would not be sufficient in such a case to fight with counsells . ; neither verily did that seem altogether impertinent from the matter , for if it should be so , all things long ere this had been in the power of kings themselves . whence our people reputed these two priviledges of the union obtained from alphonso the . ( to wit , that it shal be lawfull for the estates of the realm , i● the king shall violate the lawes of the countrey , to create a new king in his place ; and without the crime of treason , to make confederacies among themselves , and with neighbour princes to defend their liberty which king ferdinand , upon the petition of the castilians , refused to revoke , because he had taken a solemn oath to observe them . ) not as new favours or benefits , but as things done out of office , &c. therefore in those ancient rulers of which we treat , the liberty of our country was hedged about by our ancestors with three most strong fences ; namely , with the pretecture of this middle iudge , with the most ample power of the rici-men ( or palatines ) and with this most fierce force of the vnion ; of which the first seemed to be legal and civill ; the other domesticall and of greatest moment ; the last warlike and popular . neither ought it then to be inclosed with a lesser hedge , that so we might rejoyce , that it hath therby come safe & sound to us now . but of these garrisons or fences the ancient inventers of them , and those who next succeeded them , conferred more assistance and labour upon the two last , namely the domestick and popular , then on that court presidentship : for they would alwayes retain in themselves a power of moderating and governing the most loose reines of the royall dignity , which they might restrain or enlarge as there was need . the●fore they assigned those elders to him elected out of the greatest men , by whose counsels the kings ought to be hedged in on every side : the place of which elders , the rici-men afterwards possessed ; who were the chiefe of our nobles ; who in times past were second to the kings in such sort , that they might seem to be their peers and companions . these called that publike union to the ayde of liberty , and out of them were chosen those who should alwayes be the prime and principall conservators of it : for thus they called the presidents of the vnion . finally , they sustained on their necks all the offices and burdens of peace and warre , if not with the same power as the kings , yet i may truly say with very little lesse ; for the rici-men , as long as they flourished , relying on the forces of the vnion , did alwayes hover over the royall empire , and by the intire power of their offices , if the violence or assaults of kings were unjust , did from inordinate reduce them into order , and as it were into a circle of law and iustice. in which thing verily their grave censorious and domesticall authority had sufficient right and moment with our ancient kings , who were well mannered : but if peradventure they could not with their fitting counsels bridle the exulting royall forces , they did constantly repell them from their necks with the force of the raised vnion . thus and much more this spanish author , in whom you may read at large the power and authority of the iustice of arragon , of the generall assembly of the estates or parliaments of that kingdom , of their rici men , peeres , magistrates , councellors , and in ioannis de laet. his descrip●io hispaniae , cap. . cite . ioannis mari. and de rebus hisp. l. . c. . & gen. hist. of spain , l. . p. . ; to which l shall onely adde this most notable custome and ceremony used at the coronation of the kings of arragon , recorded ( q ) by by iunius brutus , ( r ) franciscus hotomanus , and others . the arrogonians when as they create and crown their king in the assembly of the estates ( or parliament ) of arragon , to put the king in mind , that the lawes , the iustice of arragon , and assembly of estates are above him , act a kind of play that he may remember it the better : they bring in a man on whom they impose the name of the iustice of arragon , whom by the common decree of the people , they enact to be greater and more powerfull then the king : to whom , sitting in an higher place , they make the king doe homage and then having created the king upon certain lawes and conditions , they speake unto him in these words , which shew the excellent and singular fortitude of that nation in bridling their kings : nos qvi valemos tanto come vos , y podemos mas qve vos , vos elegimos rey , con est as y est as conditiones intra vos y nos vn qve manda mas qve vos : that is , we who are as great as you , and are able to doe more then you , have chosen you king upon these and these conditions : between you and us there is one greater in command then you ; to wit , the iustice of arragon which ceremony ( lest the king should forget it ) is every three yeares repeated in the generall assembly of the states of arragon which assembly the king is bound by law to assemble , it being a part of the very law of nations , which sacred liberty of parliaments , and assemblies if any kings by evill arts restrain or suppresse , as violaters of the law of nations , and void of humane society , they are no more to be reputed kings , but tyrants , as hotoman hence determines . ; ; ; i have now given you somewhat an over-large account of the two greatest and most absolute hereditary kings in christendom , france and spain , and proved them to be inferiour to their lawes , parliaments , kingdomes , people , out of their owne authors and historians : in which points , if any desire further satisfaction , i shall advise them to read but iunius brutus his vindiciae contra tyrannos , de jure magistratus in ●ubditos , and francisci hotomani his franco-gallia ; and controvers . illust. for france : ●oannis mariana , de rege & regum instit. l. . with his history of spain , hieronimus blanca , rerum arragonensium commentarius , ioannis de laet hispaniae descrip . c. . & vasquius , contr. illust . for spain , at their leisure , and then both their judgements and consciences will be abundantly satisfied herein . i shall now very cursorily run over other forraigne kings and kingdoms of lesse power and soveraignty with as much brevity as may be . for the kings of hungary , bohemia , poland , denmarke , sweden , as they have been usually , and are at this day for the most part , not hereditary , but meerly ellective by the nobles and people ; so their lawes , which they take an oath inviolably to observe , and their parliaments nobles , people , are in soveraigne power and jurisdiction paramount them , as much almost ( if not altogether ) as the state of venice is above their duke , or the states of the low countries superiour to the prince of orange ; and may upon just occasion not onely forcibly resist them with arms , but likewise depose ( if not adjudge them unto death ) for their tyranny , as iohn bodin , the ●istories of hungary , poland , bohemia , denmarke , sweden , iunius brutus , de iure magistratus in subditos , munster in his cosmography , and those who have compiled the republikes of these realmes attest ; who further evidence , that most of these realms have sometimes elected them kings , other times onely dukes , and made their republikes , principalitis , dukedoms or kingdoms at their pleasure . to give onely some briefe touches concerning these realmes and their kings . hungary . the kings of hungary are meerly elective by the states and senators , in their parliaments or assemblies of the estates , without whom they can neither make lawes , impose taxes , leavie warre , nor conclude peace ; and the grand officer of the realme , to wit the great palatine of hungary ( who hath the chiefe command both in peace and warre and power to judge the king himselfe in some cases ) is elected onely in and by their parliaments , as the marginall writers manifest at large . for their realms and peoples deportment towards their ill kings ( since they became christians ) when they have degenerated into tyrants , and o●hewise misdeme●●ed themselves ; take this briefe epitome . peter the second christian king of hungary , growing very insolent , tyrannicall , and lascivious , ravishing ma●ds , matr●ns ; in the third year of his reign all the nobles and people thereupon conspiring together , deposed and banished him the realme , electing alba in his place ; who growing more insolent and tyrannicall then peter , was in the third year of his reign slaine in warre , and peter restored to the crown : who proceeding in his tyrannies , sacriledge , and cruelty , he was the third year after his restitution , taken prisoner by his subjects , his eyes put out , and imprisoned till he dy●d . solomon the fif● king of hungary , was twice deposed and thrust out of his kingdom , first by king bela , next by king gysa , ele●●ed kings by the peoples generall consent and acclamation ; after whose death the hungarians refused to restore solomon , and elected ladislaus for their king ; whereupon solomon became an hermite , and so dyed . ladislaus dying , left two sons , almus the younger , whom they elected king and coloman the eldest , to whom almus out of simplicity surrendred the crown , because he was the elder brother , whom he would not deprive of his primogeniture ; but repenting afterwards , by the instigation of some of his friends , he raised warre against his brother : but the hungarians to prevent a civill war●e and ●ffusion of blood , de●reed that these two brethren should fight it out between them in a single duell , and he who conquered in the duell , they would repute their king ; which combate coloman being purblinde , lame and crookback'd , refused ; after which coloman treacherously surprising his brother almus , contrary to agreement , put out his and bela his sonnes eyes , and thrust them into a monastery . king stephen the second sonne of coloman , refusing to marry a wife , and following harlots , the barons and nobles grieving at the desolation of the kingdome , provided him a wife of a noble family , and caused him to marry her . after which making a war to aid duk-bezin● without his nobles consent in which bezen was slaine : the nobles of hungary assembling themselves together in councell , sayd : why , and wherefore dye we ? if we shall claime the dukedome , which of us will the king make duke ? therefore let it be decreed that none of us will assault the castle , and sol●t us tell the king , because he both all this without the councell of his nobles : they did so , and added further , that if he would assault the castle , he should doe it alone ; but w● ( say they ) will returne unto hungary and chuse another king. whereupon , by the command of the princes , the heraulds procla●med in the tents , that all the hungarians should speedily returne into hungary : wherefore the king when he saw himselfe justly deserted of his subjects ayde , returned into hungary . stephen the third comming to the crowne , did nothing without the authoritie and advise of the senate . stephen the fourth sonne of bela usurping the crowne , was soone after expelled the kingdome . emericus being elected king , was very likely to be depriued by the nobles and people for his sloathfulnesse , but that he appeased them with good words and promises . king andrew going to ierusalem , his queene , elizabeth , in the meane time delivered the wife of banch●u a nobleman , being very beautifull to her brother who doated on her , to be abused , which bauchan hearing of , s●ew the queene : the king upon his returne examining this businesse , acquitted bauchan , and judged her murther just , being for so lewd a fact . ladislaus the fourth , giving himselfe to all effaeminacy , luxury , and harlots , became odious to his barons , nobles , people , for which he was excommunicated by firmanus the popes legat , that he might live christianly and chastly ; but he reforming not , was soone after ( in the yeere . ) slaine by the cumans and his kingdome infested with civill warres . mary the daughter of k. lewes , being received as queene by the hungarians for her fathers merits , after his decease , being yet young , was married to sigismond , who was admitted into partnership in the government of the realme , and being governed by her mother and nicholas de gara , who perswaded them to carry a strict hand over the nobles of the realme , which they did : thereupon the nobles seeing themselves despised , sent for cha●rles king of naples into hungary ; forced mary and her mother to resigne their rights to the crowne , and crowned charles king at alba regalis . when he was crowned the bishop of strigonium , according to the custome , demanded of the people thrice , with alowd voyce ; whether if were their pleasure that charles should be crowned king ? who answered , yes : which done he was crowned , and soone after murthered by the two queenes treachery ; who were shortly after taken prisoners by iohn de hornach , governour of croatia● ; the queen mother elizabeth drowned , queen mary kept prisoner , and at last released upon oath given , not to revenge her mothers death : who contrary to her oath caused hornach , and . nobles more to be beheaded by sigismond her husband , whose kind●ed and children thereupon conspired against king sigismond , tooke and detained him prisoner anno. . till they should proceeds further against him , and in the meane time the nobles of hungary elected ladislaus king of apulia for their king , and at last deposed sigismond for his misgovernment , cruelty , love of women . after sigismonds death , the nobles and people were divided in the choise of their king ; one part electing and crowning vladislaus king of poland , the other party ladislaus an infant , for their king : but vladislaus his party prevailing , he was not long after ●laine in a battle against the turkes ; and the government of the realme committed to that noble souldier huniades , during the minority of ladislaus , who at his ripe age , was received and declared king by all the hungarians . ladislaus deceasing , the hungarians elected the emperour frederick king , who delaying to come and take the election , they thereupon chose mathias king , who enjoyed the dignity , notwithstanding the emperours opposition . anno. . mathias king of hungary denyed the protestants in austria free exercise of their religion , they thereupon were forced to take up armes , and assembling together at honne made a protestation , and sent to the states of hungary requiring them to assist them with the succours that were promised by the offensive and defensive league : after which they obtained a peace , and part of what they demanded . anno . in an assembly of the estates of hungary , the differences concerning the defence and militia in the borders of hungary against the turke were ordered and setled . and an. . after many slow proceedings , they elected ferdinand of bohemia for their king of hungary ; but with these conditions , that he should religiously observe , and cause to be immovably observed all the liberties , immunities , priviledges , statutes , rights and customes of the kingdome , with the conclusions and treaties of vienna , and all the articles comprehended therein , and all other concluded both before and after the coronation of the emperours majestie , in the yeares . and . which articles being ratified by the emperour under his letters patents , they proceeded to the coronation , according to the accustomed manner . such is the soveraigne power of the states of hungary to this very day . and in one word , so odious were tyrants anciently to the slavonians and hungarians , that by a publick law of their ancestors , he who slew a tyrannicall king , was to succeede him in the kingdome . bohemia . for the kings and kingdome of bohemia , m. paulus stranskins in his respublica bo●emiae . c. . & . informes us out of the fundamentall lawes of bohemiae that the power of the kings of bohemia . who are elected by the generall votes of the states , is so farre restrained in that realme , that they can determine nothing concerning the kingdome or great affaires of the realme , but in their parliaments , or generall assemblies of the estates , by the generall consent of the people ; which are summoned by the king himselfe and held ( just like our parliaments ) in the kings regency , and during the interregnum by the senate of the realme , as often as there is occasion ; there being this cla●se in the writ of summons ; that whether all those who , are sommoned come at the day or not , the king with those who appeare , will proceed to decree w●at shall be just and b●neficall for the republicke , and that those who neglect to appeare shall be bound thereby ; all lawes and acts are therein passed by publicke consent . the king cannot alien or morgage any of the crown lands , nor release not diminish the revenue● & liberties of the realm , nor promote any strangers to the custodies of castles or publicke functions ; impose no taxes , charges ; nor altar the ancient manner of the militia of the realm , nor make warre or peace , without the parliaments advise and consent and before the king is crowned , the burgr●ve and nobles , in the name of all the realme , demand of him to confirm and ratifie both with his especiall charter , and publick oath , the ancient and laudable priviledges , immunities , liberties , rights , laws , customes , and institutions , as well private as publicke , of all and singular the inhabitants of the realme , and to governe them according to the rule of the lawes after the example of his predecessors kings of bohemi● . which done , he seales and delivers them a speciall charter , takes such a solemne oath , and then is crowned upon these conditions . the arch-bishop of prague after the letany ended , demands of the king , kneeling on his knees : wilt thou keepe the holy faith delivered to thee from catholiok men and observe it in just workes ? he answering , i will : he proccedes , and saith : with thou governe and defend the kingdome granted thee from god , according to the iustice of thy fathers ? he answeres , i will ; and by gods assistance promise that i will doe and performed it by all meanes . after this kneeling on his knees , the arch-bishop holding the new testament open , and the burgrave reading the words first ; the king takes this oath in the bohemian tongue we sweare to god ( the mother of god and all saints ) upon this holy gospell , that we will and ought to keepe immovably to the barons , knights , and nobles , also to those of prague and the other cities and to all the comm●nalty of the realme of bohemia , the institutions , lawes , priviledges , exemptions , liberties , and rights , and also the ancient , good and laudable customes of the realme ; and not to alienate or morgage any thing from the same kingdome of bohemia , but rather to our power to augment and enlarge it ; and to ●oe all things which may be good and honourable to that kingdome : so helpe me god ( touching the booke with two of the fingers of his right hand ) and all saints . ( the kings of navarre take the like oath . ) how this realme hath beene altered from a principality to a dukedome , and from it againe to a kingdome , having sometimes kings , sometimes dukes , both elected by the free choyse of the estates , to whom they were inferiour in soveraigne power , accountable for their ●●is-government , and removeable from their throne : you may read in the marginall authors . not to mention the bohemians deposition of libussa a noble virago , who governed then for a season , reputing it a dishonour to the nation to be ruled by a woman , and electing przemys●●s for their prince ; their deposition and banishment of prince borzinogius , because he become a christian , and renounced their pagan religion , though they afterwards twice restored him : of boleslaus rufus 〈◊〉 borzinogius the . thrice deposed banished by the nobles and people , or ●obeislaus , and other princes . wladislaus first king of bohemia in his old age , by the assent of the estates associated his sonne fred●rick ( anno ) with him in the regality henry king of bohemia using the councell of the germans rather then the bohemians , and looking more after his owne private gaine then the kingdomes , was deposed in a generall assembly ●f the estates anno . and the sonne of the emperour henry the th . chosen king , upon this condition , if he would marry the youngest daughter of king wenceslaus . king wenceslaus the drunken , for his drunkennesse , negl●gence and cruelty , was twice imprisoned and severely handled by his nobles , and upon promise of amendment , restored to his liberty and dignity : in his and sigismond his successors raigns zizca and the taborites in defence of their religion against the popish party , who most unjustly against their promise and safe conduct , caused iohn hus , and ierome of prague to be put to death , waged great warres and obtained many victories against the king and emperour , and gained free liberty of professing their religion publickely much against the popes good will ; which liberty they have ever since maintained by the sword , both against the popish emperours and kings , by meanes of which civill wars , the kingdome suffered some interregnums . during the minority of king c ladislaus , anno . this kingdome was governed by two presidents , appointed by the estates . anno . the emperour rodulph being willing to settle the kingdome of bohemia on his brother matthias in an assembly of the states of bohemia called for that purpose , the estates thereupon drew many articles which matthias was to sweare to , before his coronation , with . articles of complaints and grievances for which they craved redresse : and the inhabitants of pragne required the confirmation of . articles which concerned the private government of their city : all which the emperour and matthias were constrained to grant and sweare to , before they would admit matthias to be their king ; who had nothing in a manner but the title , some of the flowers of the liberty of the crowne , being parted with by his assenting the these . articles . anno . matthias resigning the crowne of bohemia , and renouncing his right thereunto , recommended ferdinand arch-duke of austria , to them or his successour . the states would not admit him king but upon conditions , the which if he should infringe , the states should not be bound to yeeld him obedience . moreover it was added , that he should confirm : to the states before his coronation , to maintaine all the priviledges , charters , immunities , municipall rights , constitutions and customes , of the realme , and people , as the emperour and his predecessors had done , by his oath , and charter in writing . all which assented to , he was proclaimed and crowned king . soone after the arch-bishop of pragu● causing some of the protestant churches to be ruined , and those who complained of it to be put in prison ; and plotting the extirpation of the protestand religion , through the i●su●tes instigation , contrary to their liberties and the provinciall constitution ; hereupon the protestant states of bohemia assembled at prague , fortified the towne , binding the three townes of prague to them by an oath ; entred into a solemne league , promising to fight against the common enemies of god , the king and religion , and in that cause to live and dye : to which end they levyed a great army ; banishing the j●suites out of bohemi● , as the authors of all the miseries which had hapned in that realme , and many other realmes and states of christendome , and inciting murderes to kill kings who would not live after their manner , and medling with affaires of state , and who had drawne the whole country into the hands of certaine perfidious catholickes , by whose practises the country was in danger of ruine . for which causes they banished them for ever out of the realme of bohemia , enjoying them to depart within . dayes , never to returne . after this , the protestants hearing that the emperour and 〈◊〉 party raised forces against them , possessed themselves of many townes and places within the realme , and raised two armies ; all the protestant princes and states of germany , morauia and s●lesia ( except the elector of saxony ) assisted them with men , money or councell , publishing a declaration to justifie their action , being for the common cause of religion , then endangered . the prince of oranges and states of the united provinces promised them assistance of men and money , other protestant princes and the protestant states of lower austria , did the like . the protestant armies after this had many victorious incounters with the imperialists and popish forces , and took many towns. king ferdinand in the meane time , being newly chosen emperour , the states of bohemia being assembled together at prague , which the deputies of the incorporated provinces , anno. . concluded and protested by oath , never to acknowledge ferdina●d for their king who had violated his first covenants ; resolving to proceede to a new election ; and on the . of august elected fredericke the prince elector palatine of rhine to be their king ; who accepted the dignity , & was afterward crowned king accordingly . after which the states of bohemia in sundry declarations justified their rejection of ferdinand , their election of frederick , and his title to be just and lawfull , with their preceedent and subsequent warres in defence of religion . yea fredericke himselfe by sundry declarations maintained his own title : and the lawfulnes of these wars ; which passages and proceedings being yet fresh in memory , and at large related by grimston in his imperiall history , i shall forbear to mention them . by this briefe account , you may easily discerne the soveraigne power of the realm and states of bohemia over their kings and princes , most of the great offices of which realme are hereditary , and not disposable by the king , but states who elect their kings themselves , and their greatest officer ; too . polan● . for the kings and kingdome of poland . martinus chromerus in his polonia lib. . de republica et magistratibus poloniae , informes us ; that the princes and dukes of poland , before it was advanced unto a kingdome , and the kings of it ever since it became a realme , were alwaies , elected by the chiefest nobles and states , unanimous suffrages ; that after the kings of poland , became christians , their power began to be more restrained then it was at first , the clergy being wholly exempt from their royall iurisdiction : that the king cannot judge of the life or fame of a knight ( unlesse in some speciall cases ) without it be in the assembly of the estates with the senate , not yet publickly make warre or peace , with any , nor impose taxes or tributes or new customes , nor alienate any of the goods of the realme , nor yet doe or decree any greater thing pertaining to the common-wealth without the senates or parliaments assent . neither can hee make new lawes , nor publickly command money in an extraordinary manner , nor coine money , nor nominate a successor not with the senate , without the consent of the nobility , whether of knights or gentlemens order ; by , or out of whom all publicke magistrates and senators almost are chosen : so as now the summe or cheifest power of the republicke is residing in them . so that the kingdome and republicke of the polonians doth not much differ in reason from , that of the lecedae ●onians in ancient times , and of the venetians now . an oath is exacted of the new king when he is crowned , to this effect . that he shall raigne according to the lawes and institutes of his predecessors ; and will safely conserve to every order and man his right , priviledge , and benefit , confirmed by former kings ; nor will he diminish any of the borders or goods of the realme , but will according to his power recover those that are lost from others : after all which the senate sweare fealty to him , &c. the revenues , tributes , and customes of the king are all reduced to a certainty ; the nobles & clergie are exempted from taxes . the king by the lawes of king alexander , is prohibed to alien to any one the lands of the crowne . no new lawes can be made , nor old ones repealed but by the king , senate and nobles assembled in parliament . and because there is wont to be in highest power , a slippery and ready degree to tyrannie , certaine senators and councellours are adjoyned to the king , who may direct his councells and actions to the safety of the common-wealth , and his judgements according to the rule of justice and equitie , and with their wholsome monitions and councells , may as there shall be occasion , as it were with certaine living lawes , both informe his minde and moderate his power . this royall sena●e , much greater now then in times past , consists of a certaine number of men , w●ich wee call the senators or councellours of the realme ; who are not admitted to the councell without an oath : and this office is perpetuall during life , having certaine honours and magistracies thereto annexed , partly ecclesiasticall , partly civill ; it consists of . persons in all , some of them bishops , others palatines , knights , castellanes , and other officers of the realme . the chancellor of the realme may s●gne many things without the kings privitie , and may deny to seale those things which are contrary to law , though the king command them . most of the great officers and magistrates are chosen in parliament , and cannot be displaced but in parliament , and that for some great offence . their parliaments or generall assemblies of the states are held ( much like ours ) once every yeare at least , and some times every fift or sixth moneth , if there be occasion ; and then they are kept constantly at one place , to wit at pet●icow , or warsavia in the midst of the kingdome , unlesse it be upon some extraordinary just occasion , and then the king by advice of this councel may sommon the parliament at another place . it is provided by a law within these yeares ; that it shall not be lawfull to the king to make a warre without the assent of his parliament and great councell and that the nobles as oft as there is occasion , shall at their owne costs without wages defend the borders of the realme , yet not without the king , unlesse it be during the interregnum ; but they may not be compelled to goe out of the realme to any forraigne warre without wages : the souldiers wages are reduced to a certainety , and asseased by publicke consent in parliament , which orders all military and civill affaires . ; so cromerus . for their carriage towards their ill kings , i shall give you onely a short account . miesco their second king , being unfit to governe , a man given wholly to his belly , ease , sleepe , pleasure , and governed by his queene , thereupon most of his subjects revolted from him ; and he dying the polonians at first for many yeares , refused to chuse cazimirus his son king least he should follow his fathers steps ; till at last after a long interregnum , when he had turned monke , they elected him king. bolestaus his sonne , a man of a dissolute life , given to lust , and the pest of the realme , was excommunicated by the bishop of cracow for his wickednes ; for which cause he slew him : whereupon the pope deprived him , and poland of the crowne , and absolved his subjects from their obedience to him , who expelled and forced him to flee out of the realme into hungary , where he became mad and died . my●zlaus the . king of poland , exercising tyranny every where upon his people by reason of his power and allies , was deposed by his subjects , and cazimirus elected king in his stead ; he was three or foure times deposed and put by the crowne ; boleslaus who succeeded henry , was deprived of the monarchy ; henry was surprised and most strictly imprisoned . boleslaus was slaine by his nobles ; and vladisiaus locktect , elected king in his stead , ravishing virgins , matrons , and not reforming things according to promise ; the nobles hereupon assembling together an. . abrogated his election , as pernicious , and chose wenceslaus king of bohemia , king in his place : and not to recite more ancient histories of such like nature , king henry the third of poland was elected and sworne king upon conditions which he was to performe anno . after which he secretly departing out of poland , without the assent of the nobles , to take possession of the crowne of france , within . monthes after his coronation in poland : the polonians sent messergers after him to ferrara , iune . . who denounced to him , that unlesse he returned into poland , before the of may following , they would depose him , and elect another king : which he neglecting , they in a generall assembly of the estates at wa●sa●ia , deprived him of the crowne , and elected a new king : the chancellor and greatest part of the counsellers elected maximilian the empero●r ; some others , with the greater part of the nobility , desiring to have one of the polish blood , elected anne sister of their deceased king sigismund , giving her for husband stephen battery prince of transylvania , and proclaimed him king. the emperour making mary delayes , stephen in the meane time enters poland , marrieth anne , and is crowned king by generall consent , febr●ary . . who tooke this memorable coronation oath prescribed to him by the nobles . i stephen by the grace of god elected king of poland , great duke of lithuania , &c. promise and sacredly sweare to almighty god , vpon these holy evangelists of iesus christ , that i will hold , observe , def●rd and fulfill in all conditions , articles , and points therein expressed , all rights , liberties , securitus , pri●●●●dges publike and private , not contrary to the common law , and liberties of both nations , justly and lawfully given and granted to the ecclesiastickes and s●culars , churches , princes , barons , nobles , citizens , in h●bita●ts , and any other persons of what state and condition so ever by my go●ly predecessors , kings , princes or lords of the kingdome of poland , and of the great dukedome of lithuania , especially by casim●r , lewis the great , called loys , vladislaus the first , called iagiello and his brother withold great duke of lithuania , vladislaus the . casimyrth . . iohn albert , alexander , sigism●nd the first , and . augustus , and henry kings of poland and great dukes of lathuania ; or derived and granted from them , together with the lawes enacted , and established or offered by all the states during the interregnum , and the pacts and agreements of my orators , made with the states in my name . that i will defend and maintaine peace and tranquility between those who differ about religion ; neither by any meanes , either by our iurisdiction , or by any authority o● our officers or states , permit any to be troubled or oppressed , neither will we our selfe injure or oppresse any by reason of religion . all things any way whatsoever unlawfully alienated , or distracted , either by war●e or any other meanes , from the kingdome of poland , the great dukedome and their dominions , i will re-unite to the propriety of the said kingdome of poland , and great dutchy of lithuania . i wil● not diminish the lands of the kingdome and great dukedome , but defend and enlarge them . i will administer justice to all the inhabitants of our kingdome , and execute the publike laws constituted in all my dominions , without all delaies and prorogations , having no respect of any persons whatsoever . and if i shall violate my oath in any thing ( which god forbid ) the inhabitants of my realme , and of all my dominions of what nation soever , shall not bee bound to yeeld me any obedience : yea , i doe ipso facto free them from all faith and obedience which then owe unto me as king. i will demand no absolution from this my oath of any one , neither will i receive any , which shall be voluntarily offered , so helpe me god. to this notable oath ( an unanswerable evidence of the states of polands absolute soveraignty over their kings ) this king within . dayes after his coronation , added a confirmation of their priviledges , containing the same heads , enlarged with a few more words ; which he confirmed with his solemne deed and royall seal , and delivered the same to the chancellor , and vice-chancellor of the realme to give out coppies of them , under the great seale to all the states of the realm ; who meeting s afterwards in a parliaments , at wansauia , anno. ; there was much debate about setling of the premises , and nothing concluded . anno , the states of poland questioned and opposed k. stephen , for violating their priviledges , and those of riga tooke up armes in defence of them ; refusing after his death to repaire to the assembly of the states at warsauia , anno . vnlesse their priviledges might be preserved and rectified , as you may read at large in chytr●us . king stephen dying the estates of poland , and lithua●ia , assembled at warsauia , anno . where they made lawes for preserving the peace during the inter regnum ; and enacted , that no new king should be elected , but by the unanimous consent and agreeing suffrages of all the estates , and that he who shall nourish factions , or receive gifts or rewards , or use any other practises about the election of a new king , should bee reputed an enemy of his country . after which they proceeding to an election ; there were divers competitors named : and after many debates ; one part chose maximilian duke of austria , the other sigismund the king of swethland his sonne , both of them uppon expresse articles and conditions , which they both sealed and swore unto , the chiefe whereof were these ; to preserve all their rights , lawes , priviledges , and immunities publike or private , inviolably , to keepe all former leagues and truces ; to bestow no offices upon strangers nor harbour any about them , ( except some few private servants ) but natives onely , and to be counselled and advised by them alone . to maintain a navy , garrisons , and build divers castles in the frontiers at their owne costs for the kingdomes preservation ; to redresse all grievances , maintaine the priviledges , rights and peace of those who differed in religion ; to procure and augment the weale , peace , priviledges and safety of the realme ; and perform all articles mentioned in the oathes of king henry and stephen in fine , this competition comming to bee determined by the sword : maximillian was taken prisoner by sigismund , and forced to release his right to obtain his liberty : ; and a decree passed in parliament , that no man hereafter should in the election of the king of poland , presume to name , or recommend any of the house of austria to the crown , and if any did he should be ipso facto infamous : which decree the emp. rodolph desired might be abolished , as being a disparagement to that family , yet prevailed not . after which this king managed all things concerning warre , peace , and the government of the realm , by advice of his parliament , as chytraeus at large relates ; and his successors to this present have done the like , taking the crown upon such conditions , and making such conditionall oathes at their coronations , as steven did at his . denmarke . for the kings of denmarke , i have formerly proved , that they can make no war , peace , lawes , nor lay any impositions on their subjects , but by common consent of the estates in parliament ; their kings being elective by the people , and crowned kings upon such conditions , oaths , articles , as their states , ( in whom the soveraign power resides , ) shall prescribe unto them ; who as bodin clearly determines , have a lawfull power to question , censure , and depose them for their tyrannie and misgovernment , they having no greater authority then the kings of bohemia or poland . to run over the histories of all their ill kings would be overtedious , for which you may peruse saxogrammaticus & others ; i shall give you a brief how some of their later kings have been handled by their subjects for their tyranny and misgovernment . not to mention the murthers of canutus in iutland in the very church , or of magnus or nicholas , slain by their subjects ; king humblus was deprived of his crown : and king harold deposed by his subjects for his insolency . suano waxing proud , tyrannous and oppressive to his people , became so odious to them , that his nobles adjoyned canutus and waldemar to him in the royall government , and divided the kingdom between them ; who thereupon being much displeased , slew canutus and wounded waldemar , being impatient of any peers in government ; for which being soon after vaquished by waldemar , hee was beheaded by the people . able slaying and beheading his brother king ericus , and usurping his crown , the people rose up in arms against him , took him prisoner , and the peasants in frisia slew him . king christopher spo●ling waldemar of his dukedorn of schleswick , thereupon the earles of holsatia rose up in arm●● against him , took him prisoner , and detained him so at hamburgh , till he paid a great ransome for his libertie . king ericus was slain by his own servants , anno . king waldemar was expelled the realme by his subjects , and afterwards restored upon his friends mediation ; who not long after denying merchants their ancient liberties in the realme , the maritine cities conspiring against him , entred denmark with a great army , expelled him the realme , tooke his castell of coppenhagen , and had the land of scania assigned to them for . years , by the nobles , in recompence of their damages sustained . ericus seeing his subjects ●very where rise up in arms against him , sayled into poland , an. . and deserted ●is kingdom and soveraignty , the people denying him libertie to name a successor , and electing christopher duke of 〈◊〉 for their king . after whom , they elected 〈◊〉 the first king , against whom the sweeds rebelling for want of 〈◊〉 of justice , and the oppression of his officers , vanquished christiern 〈◊〉 and 〈◊〉 up a new king of their own , named charles , who an. . abandoned the royalty ; the swedes after that would neither create any new king , nor obey christierne , nor yet king iohn who succeeded him , whose queen they took and detained prisoner two years , and maintained warre against him . christierne the second , king of denmarke , was thrust out of his kingdome for his tyrannie , and breach of his subjects priviledges : which he endeavouring to regain , was taken prisoner by his vncle frederick duke of scleswick and holstein , and committed prisoner to sunderburge in holsatia , where hee dyed in chains : frederick was elected king in his place , ( upon certain articles and conditions which he was sworn unto before his coronation ) in a generall assembly of the states held at hafnia , an. . in and by which assembly christierne was solemnly deposed , and a declaration made , printed and published in the name of all the states of denmark , wherein they expresse the cause why they renounced their faith and obedience to christierne , sworn unto him upon certain conditions which he had broken , and elected frederick : which declaration because it is not common perchance to every ordinary shollar , and contains many things touching the frame and liberty of the kingdom of denmarke , the articles to which the kings do usuall swear at their coronations , and the tyrannnies of christierne , for which he was deprived . i shall here insert , as i finde it recorded in david chytraeus . omnibus christianis regnis , principatibus , regionibus & populis , notum est , in orbe christiano , celebre regnum daniae situm esse , quod non secus ac caetera regna , plurimis jam seculis , regia sua praeeminentia , dignitate , ornamentis & libertate praeditum fuerit , & adhuc sit ; ita quidem ut regnum daniae , ejusque legitimè electi reges nullum unquam superiorem magistratum aut dominum agnoverint . omnibus quoque temporibus , archiepiscopis , episcopis , dynastis , praelatis & nobilitati liberrimum fuit , regem , & dominum aliquem suo judicio & arbitrio designare , & in communem regni & patriae consolationem & salutem eligere , cujus gubernatione , exemplo , & ductu regnum supradictum , christianis statutis & ordinationibus , secundum leges suas scriptas & antiquas consuetudines vigere , miseri & oppressi subditisublevari , viduae & pupilli defendi possent . qui quidem rex semper hactenus a prima electione convenienti juramento & obligatione se huic regno devincire coactusest . etiamsi igitur nobis omnibus regni hujus ordinibus & consiliariis licuisset post obitum potentissimi regis quondam daniae iohannis laudatae memoriae projure nostro , secundum antiquam , & multis seculis continuatam regni danici libertatem , regem aliquempro arbitrio nostro designare & eligere : tamen virtute , justicia , magnanimitate , bonitate & beneficientia , eorum daniae regum , qui ex holsatorum prosapia originem duxerant , moti ; & bona spe freti for● utrex christiernus è vestigus regiis avisui regis christierni , & r. iohannis patris sui non excederet : sed potius ad eorum similitudinem & exemplum , gubernationem suam in●●itueret : supra-dictum r. christiernum , ii. vivo adhuc patre iohanne in regem & dominum totius daniae designavimus & elegimus . quo quidem ipso tempore celfitudo ipsius solemni iuramento ▪ verbis conceptis , & deo sanctisque testibus citatis , praestito , archiepis . episcopis , dynastis , praelatis , equitibus , civitatibus & populo regni danici se devinxit & obligavit , cujus juramenti inter alia haec quoque capita expressa fuerunt : debemus ante omnia deum diligere & colere , & sanctam ecclesiam defendere & amplificare . omnia episcoporum , praelatorum & ministrorum status ecclesiastici privilegia , à s. ecclesia & regibus christianis ipsis concessa , inviolat● conservare . archi●piscopos quoque , l●ndensem et 〈◊〉 ni●rofiensem , et praeterea episcopos , praelatos , equites auratos , & alios ordinis equestris , regni proceres & consiliarios , convenienti observantia & honore , pro cujusque conditione & statu prosequi● si qua nobis controversia sit ●um archiepiscopis , episcopis , aut praelatis s. ecclesiae , eorumque ministris , in locis convenientibus , nimirum coram senatu regni , cognosci & transigi oportebit . si qua nobis ipsis , aut praefectis nostris , controversia , ●ùm aliquo ex nobilitate , sive is senator regnisit , sive non , incidet ; eum coram universo regni senatu , hoc nomine compellare debemus , sive ea controversia sit defundis , sive de aliis quibuscunque bonis aut negotiis . et sicuti tenemur unumquemque juvare , ut jus suum consequatur ; ita nos ipsi quoque obnox●i esse debemus , unicuique coram senatu regni nos accusanti comparere , & ad ipsius postulata usitato iudicio●um more respondere , & quicquid a senatu regni super ea re decre●um & pronunciatum fuerit , idipsum exequi , neque hujusmodi legitimas accusationes aut postulationes iuclementi animo fe●re . debemus etiam sine ullo praejudicio , gratia , aut muneribus , ex aequo , tam pauperi quàm diviti , tam hospiti quàm indigenae , jus dicere & administrare . nullum etiam bellum incipere , aut externum militem in regnum introducere debemus , commnni senatu regni non praesciente & consentiente . literis quoque & diplomatis vel nostro , vel etiam patris nostri regis iohannis signo confirmatis , plenam & inviolatam fidem & authoritatem relinquere , ejusque aes alienum , quod liquidum est , dissolvere deb●mus . moneta quoque , quam cusurisumus , proba & sufficiens esse debet , ita , ut dua marcae aequivalentes sint uni aureo rhenano . item , nos christiernus & obligamus nos , quod omnes & singulos articulos , in quos jurandum nobis est , incolis regnorum daniae & norwegiae , constanter reipsa praestare velimus . sicutietiam ex adverso subditi obligati esse debent ad suum homagium , & auxilia militaria inviolata servanda & praestanda . si vero ( quod deus avertat ) contra istos articulos agendo delinqueremus , & senatorum regni admonitionibus nullo modo locum dare institueremus : tum omnes regni incolae , ratione honoris & juramenti sui , conjuctis viribus , fideliter in hoc incumbere debent , ut hoc avertant . id faciendo , contra sua juramenta , obligatione● , homagia , quo abstricti nobis sunt , nequaquam fecisse censeri debebunt . hujus generis plures alii articuli juramento inserti fuerant , qui hoc loco brevitatis gratia praetermittuntur . vt etiam regia ipsius dignitas , post juratos hosce articulos vehementius & ardentius ad virtutes regias , & christianarum sanctionum hujus regni conservationem incitaretur & inflammaretur , ●ommodas rationes & vias inivimus , tandemque perfecimus , ut illustrissima princeps d. elizabetha , ex hispaniarum regum & archiducum austriae illustrissima prosapia oriunda , matrimonio ipsi conj●ngeretur . sperabamus enim dignitat●m ipsius regiam , admonitionibus nobilissimae & excellentis virtute , & summa orbis christiani regum familia ortae reginae , & praeterea consideratis tantis & tam eximijs ac sublimibus tot regum ac imperatorum affinitatibus , motum iri , ut omnibus christianis & regijs virtutibus , eum clementia & bonitate conjunctis , in tota gubernatione ●ua●o diligentius incumberet . verùm , statim post coronam acceptam , regia illius majestas animi acerbitatem , tyrannidem , rapinas , immanitatem crudelem & sanguinariam , declaravit ( quod tamen non injuria ipsum afficiendi animo , sed extrema ▪ necessitate , ad defensionem honoris nostri compulsi , scribere & divulgare volumus , de quo ips● palàm protestamur ) imprimis autem amoris & fidei conjugalis nobilssimae & omni virtute praestanti reginae prastitae , oblitus est . quaedam enim turpis , infamis & peregrina vetula , syburgis , omni pud●re & virtute destituta , & ad omnem impuritatem projecta , propriam suam filiam , regi prostituit . quam reginae conjugi suae nobilissimae , status conditione , dignitate & gubernatione rex praetulit , e●que prae omnibus regni consiliariis summam imperii in dania commisit , ex cujus perversa administratione & mandatis , multae caedes , homicidiā & injustae in causis tam capitalibus quàm civilibus condemnationes extiterunt : et quamvis regina ( quam semper pro regina & dominatrice nostra deinceps quoque , agnoscere & habere cupimus ) ab honestiss . matrona , a●na holgeria , gynecei sui praefecta , moneretur , ut dominum & maritum suum amicè hortaretur , ut à vita illa flagitiosa , quae christianum conjugem , & imprimis regiam dignitatem , nequaquam deceret , desisteret : tamen , quam primùm hoc rex & anus illa resciverunt statim illa , propter christianam admonitionem innocens ab officio suo remota , & miserabiliter regno expulsa , et omnibus fortunis suis spoliata est . eodem modo tobernum ochsitum , de veneno , filiae syburgis propinando , falsò à se insimulatum innocentemque deprehensum , et à senatu quoque regni eo nomine absolutum , in ignominiam et contumeliam germanicae nobilitatis , tantùm mendacibus turpissimae illius mulieris , sermonibus fidem habens , capite truncarijussit . quamvis etiam r. ipsius majestas ingens et publicum bellum , contra datam fidem , nobis , nobis inconsultis et inscijs , contra suecos excitavit : tamen ut animum nostrum fidelem , et regiam ipsius personam et nomen extollendi , imperium amplificandi , et exteras nationes et regna subjugandicupidum , posset deprehendere : nos omnes nostra corpora , fortunas , regiones et subditos , in magna pericula conjecimus : quod bellum septennale , contra potentissimum regnum sueciae gessimus : et tandem cum effusione sanguinis nostri , et extrema ferè cum pernicie floris nobilitatis danicae , auxilio dei omnipotentis , contra regnum jam dictum , victoriam obtinuimus , et regiae ipsius majestati regnum subjicimus . vt autem regnum sueviae in perpetua fide et obedientia regiae ipsius majestatis maneret in ipsa coronatione suecus verbis conceptis , deoque et sanctis testibus citatis , juravit , se ipsis antiqua sua jura , immunitates , et privilegia incolumia relicturum , et omnium quae in bello exorta sint offensionum , et inimicitiarum memoriam , sempternaoblivione aboliturum esse . cumque ne ●um quidem satis regiae ipsius m●i fiderent sueci , necesse fuit nonullis ex episcopis , praelatis , et nobilibus danicis , pro rege fidem suam interponere , eamque diplomatibus eo nomine confertis et obsignatis , confirmare . quae quidem ipsa in red●esse illi noluimus . etiamsi autem regna et populi armis subjugati , tatummod● jure et justicia in officio cotineantur : tamen rex hoc ipso non satis benè con●iderato , et maximis gravissimisque juramentis posthabitis , tridu● post coronatinem suecicam , episcopos , praelatos , nobilitatem , una cum consulibus et aliis praefectis ( tanquam ad convivium regium & solennem de impetrata à deo victoria gratulationem ) invitavit , qui etiam fide & invitatione regia ill●cti , unà cum amicis , uxoribus & liberis suis , reverenter compar●erunt . s●d tam amicè invitati , admodum ●ostiliter excepti sunt , ipsor●●que plausus in m●●sticiam commutatus est . ex livore enim tyra●●ico ipsis imputat●m est , quod pulvere tor●●ntario arce● ips●●s regiam passim conspersissent , us ita incendi● 〈◊〉 medi● tollerent . cum tamen certissimis i●diciis compert●m sit , illud à r●g● ips● , 〈…〉 praeterea sexaginta● equites aurati & viri nobiles , aliqui etiam consules , senatores , & cives uno die , sine ullo judicio , ex mera tyrannide , contra datam fidem , decollati sunt . quorum etiam cadavera , vestibus nudata , cum in tertium usque diem in foro stokhelmensi , miserabili alijs spestaculo fuissent , tandem igne comburi jussit ; ac etiamsi illi adhuc vivi more christiano confessiones suas edendi cupidi essent , tamen hoc îpsis animo prorsus male●olo denegatum est . eodem modo reverendum & religiosum d. abbatem nyddalensem & quinque fratres , quitum in honorem dei missas celebrarant , die purificationis mariae , sine ull● judicio , aquis suffocari curavit , nullam aliam ob causam , quam quod durante adhuc bello , una cum aliis se regiopposuissent . sex praeterea ex nobilitate suecica qui communis inter daniam & sueciam pacificationis nomine , fide publica & regia , & quidem vocati antea venerant , sibi-ipsi●bsides constituit , eosque in durissima vincula conjectos , tamdiu apud se detinuit , donec regnum sueciae sibi subjecisset . multos quoque nobiles , inter quos nonnulliex familia ribbingia fuere● , una cum duobus pueris adhuc teneris , qui fide & clementia ipsius freti , istuc venerant , capite plesti : sicuti etiam tonnum erici filium , & henrichum stichum , unà cum multis alijs nobilibus in finlandia , sine ullo judicio decollari jussit . episcopo finlandiae domum & possessiones suas per violentiam ademit , ita quidem , ut ille sibi consulens , paulò p●st tempestate in mari exorta naufragio miserabiliter perierit . brevitatis causamulta alia prava & tyrannica facinora , in regno sueciae contra deum & omnem aequitatem ab ipso perpetrata , hîc praetermittimus . quocirca episcopi , dynastae , praelati , nobilitas , civitates & reliqui regni suecici incolae , qui cr●deles , impuras & sanguinolentas ipsius manus , vita sua inc●lumi effugerant , contra eum insurrexerunt , satius et honestius esse rati , potius in acie pro salute patriae , quam domisordis & turpissimis suppliciis innocentes exarnificatum , mori . atque ita ( nostro quidem judicio non immeritò ) sumptis armis & palàm bello contra regem suscepto tyrannicum illius jugum excutere instituerunt . etiamsi igitur nos periculo corporum & fortunarum nostrarum , ipsi , post auxilium divinum in regno sueciae subjugando adjumento fuerimus : tamen non nostra sed sua ipsius culpa iterum eodem regno excidit . quocirca denuo ab eo interpellati , ut sueci nostro auxilio ad priorem obedientiam adigerentur ; ne id quidem ( quamvis nullo jure aut lege teneremur ) facere recusavimus , ut vel hoc modo fidelis animus & voluntas nostra , à rege perspiceretur , quando quidem ferè supra quam vires nostrae ferrent ( cùm jam antea nostros equos , arma , naves , aurum , argentum , clinodia & insuper nostros amicos , affines & propinquos in suecia reliquissemus , ) denuo terra marique magnis impenfis militem & naves armare & instruere : propria corpora nostra , possessiones , pecuniam & facultates omnes impendere : & una cum ipso totam belli molem , in tertium usque annum sustinere non detrectaremus . idque optima spefreti , futurum ut fidelia h●c nostra servitia , tandem aliquando à regia ipsius dignitate cum clementia agnoscere●tur . ver●● his omnibus non consideratis , ille interea episcopos , praelatos , ecclesias , coe●●bi● hospitalia , sacerdotes , matronas , virgines , nobilitatem , cives , viatores , neg●●i●t●res , & mis●ros d●nique rusti●os , immod●ratis & in●●ditis exactionibus , vestigal●b●● & 〈…〉 . 〈…〉 & argento , exactionibus extorsit , ad se translatam adhuc retinet . monetam verò nullius momenti cupream , ex ahenis cerevisiaris usu detritis cusam in regnum intrusit , quam aequo cum argenteis & aureis monetis precio , à milite ipsius acceptare , & ut in toto regno usurparetur & valeret , coacti sumus tolerare . cum tamen illa in finitimis regnis , nationibus & civitatibus nullius valoris esset , res nostra familiaris , cum omnibus commerciis jacerent : regnum hoc nostrum antiquum cum suis incolis omnibus suis nervis & viribus pl●nè exhauriretur , & ad extremam egestatem & inopiam conniiceretur . et quamvis haec quoque omnia , ut bello suscepto optatus tandem fin●s imponi posset , submisse tol●raverimus : tamen ne haec quidem ratione quidquam apud r●gem proficere potuimus , cùm ille palàm hominibus fide dignis audientibus diceret , se & corporibus & fortunis imminutos ita nos debilitaturum , ut passim omnibus contumeliae & ludibrio essemus . cujus sui propositi statim etiam exemplum reipsa nobis exhibuit . archiepiscopum enim lundensem d. georgium schotburgum , quem secretarium quondam suum hac spe ad dignitatis illius fastigium rex evexerat , ut quaedam archiepiscopatus illius praedia ad se transferre posset ; cùm regis cupiditati postea non gratificaretur , quod diceret , juramento se illi ecclesiae praestito , quod violari à se minimè deceret , prohiberi seque potius turpissimam mortem obire , aut vitae monasticae etiam durissimae in reliquum vitae tempus mancipare se valle , quàm in perjurii suspicionem vel minimam se conjicere . cùm igitur aliquot poenarum , quae innocenti irrogabantur , optio illi concederetur ; ad vitam tandem monasticam à rege compulsus est . quo facto , statim praelatos & canonicos ecclesiae lundensis per literas ad se accersivit , cumque illi praestita obedientia compar●issent : jussit eos contra fidem regiam , in infamem & foetentem carcerem compingi , iisdemque paulò post insulam borneholman , ecclesiae illi lundensi subjectam & propriam , cum omnibus arcibus , oppidis & vicis , nullius excusationis ratione habita , vi metuque coactis , ademit . reverendissimus quoque iohannes episcopus fyoniae , cùm literis regiis ad juridicam vocatus comparuisset ; eodem modo miserabiliter , & praeter omnem culpam captus , & in carcerem conjectus est , & omni collegii illius ecclesiae bona petulanter ad se transtulit . nemo etiam velex senatoribus regni , vel aliis daniae incolis sine corporis & vitae suae peri●ulo ipsum convenire : aut si quis omnino fortunam suam haec in parte periclitari institueret ; nequaquam id , nisi prius peccata sua sacerdoti confessus esset , & ad mortem se praeparasset , tentare ausus est , cùm saepenumero in eas angustias coactos nonnullos constaret , ut ne confitendi quidem specium illis concederetur . ex quo ipso hoc quoque consecutum est , ut regno huic , & communi patriae nostrae , consilio & consolatione nostra auxilio esse non possemus . eodem praepositum rotschildensem , & d. nicolaum erici , multosque alios praelatos & viros ecclesiasticos , qui patri & matri ipsius laudatae memoriae fideliter inservierant , absque ulla misericordia , bonis suis spoliavit . politico quoque & equestriordini , reliquisque regni i●quilinis nequaquam pepercit . mandato enim ipsius , vir strenuus & nobilis magnus tamassenus , qui toto vitae suae tempore , ab omnibus habitus est homo integer & probus , & quem nemo unquam quidpiam , quod honestum & nobilem virum non deceret , gerere aut facere animadvertit ; quique etiam in fide christiana piè mortuus erat , hic inquam tamassenus , ex terra iterum effossus est ipsius que cadaver , in foro arhusiano , in singulare daniae nobilitatis ludibrium & contumeliam , suspensum est . & insuper rex omnia illius , vid●aeque ipsius relictae , bona , cum omni auro , argento , & clinodiis , sine ulla postulatione judiciali , ad se & in suam potestatem redegit . strenuo quoque d. iuggoni krabbio , equiti aurato & marescalco , qui ipsi longo tempore in dania , norwegia , & suecia horestè & fideliter , etiam cum effusione sanguinis , & bonorum suorum jactura in servierat , unum ex pagis suis vischbecum novum unà cum multis ad eum pertinentibus fundis & bonis , apertavi , & contra religionem jurisjurandi , ademit , & sibi vindicavit , cùm interea ille multis modis ad legitimam causae cognitionem , sed tamen frustra , provocaverat . cùm ex ministris ipsius aulicis nicolaus daa , quodam vesperi in caupona & symposio sedens , hospiti ex fenestrarhombos aliquot vitreos fortuitò excussisset ; & temen e● nomine statim sequenti die hospiti pro tantillo damno abundè satisfecisset : nihilominus tamen , ob causam tam nihili , pater ipsius in arcem hafniensem violenter abductus , & tamdiu captivus est detentus , donec praefectus regius missis in domum ejus satellitibns , omnes ipsius cistas aperuisset , omne aurum & argentum inde exemisset , & ad quatuor mar●arum danicarum millia vi metuque illi extorsisset . quin etiam contra juramentum & dotam fidem , schlos gelauben ius electionis , quod antea senatus regni proprium erat , post mortem ad sùos haeredes transtulit , quo ips● antiquum nostrum & liberum regnum , haereditariae oppressioni subjicitur , & nos libera nostra electione spoliati sumus . quid , quod à quolibet , etiam paup●rrimo hujus regni incolà , binos in singulos annos florenos , in perpetuum deinceps numerandos , ausus est exigere , cum tamen multi ex ijs , vix binos solidos suis dominis quotannis exsolvere possent . nec tantum danicae nobilitatis excidio , animusipsius sangainarius satiari non potuit , sed in germanos etiam nobiles ingratitudinem effunderet . honestum enim virum stephanum weberstedium , in turingia loco equestri natum , qui longo tempore , sicuti ministrum fidelem & nobilem decet , pro supremo capitaneo peditum danorum contra suecos ipsi inservierat , & qui praeclara fortitudinis suae specimina , cum hoste usque ad sanguinis effusionem dimicans , ediderat , cui etiam hoc nomine praefecturam olandensem datis literis concesserat . hunc inquam stephanum , cum diutius praefectura illa carere nollet , ex asylo coenobij sp. s. ab ipsius avo fundati abreptum , decollari jussit , hoc praetextu , quod in domo publica militicuidam vulnus inflixisset , cum quo tamen ille , amica transactione interueniente , jampridem in gratiam redierat . eodem modo cum conjugis suae regiae cubulario maximiliano egit , qui reginam in regnum daniae advenientem comitatus juerat : eum enim cum regina ad casaream majestatem , & dominam margaretam , ablegasset , rex antequam dania excessisset , exitinere retrahi , & capitali supplicio affici jussit . adha●c cum fortissimus ipsius capitaneus n. von hederstorff , nomine praesidiariorum stokholmensium , honestos aliquot milites , pro stipendio suo , & quibusdam alijs conficiendis , haffniam misisset ; praefectus haffniensis eo exceptos abrumstropum deduxit , quasi regem ibidem inventuri essent . eò autem cum venisset , loci praefectus ▪ eos carceri mancipatos , paulò post sine ullo judicio , unà cùm puero quopiam trucidari jussit . suum quoque germanicum secretarium stephanum hopsensteinerum , cujus opera in gravissimi● negociis apud caesaream maject . electores & principes imperij romani , usus fuerat , ad impudentissimae mulieris syburgis mendacem delationem , inclementer perfecutus , ipsius vitae & bonis insidiatus est . qui tamen evidentissimo dei omnipotentis auxilio , manus ipsius cruentas ex dania ●vasit , & in caesaream urbem lubecam confugit , ubi nihil ominus à ministro regio , ejus v●stigia insequente , accusatus , & in custodia aliquandiu detentus fuit , donec tandem causa probè cognita , ab injusta ejus accusatione & insimulatione , per sententiam absolutus est . praetereà multas quoque exteras nationes , hollandos , brabantos , flandros , lubecenses , cum omnibus civitatibus maritimis , contra data privilegia , & regia diplomata , pecuniis suis emunxit , & quotiescunque illi negociorum suorum causa in hoc regnum appulerunt , statim navibus & mercibus suis spoliati sunt . et quamvis norvvegiae quoque regnum semper , ipsi fideliter fuerit subjectum , & pro viribus omnia sua officia & auxilia praestiterit , et ejusque omnibus edictis & interdictis cum obsequio paruerit : tamen neq deo consecrati episcopi , neque nobilitas , neque populus illius inclementem & immis●ricordem animum effugere potuit . episcopus enim camerensis , licet innocens , in crudeli admodum carcere captivus est detentus , ita quidem , ut ex foetido & impuro aëre , curis diuturnaque sessione , omnibus suis viribus consumptis , tandem carcere liberatus , mox diem suum obierit . reverendissimus quoque episcopus ansloënsis , andreas eo compulsus est , ut alteri suum episcopatum cederet : quod si facere recusaret , submersionem illi minabatur . reverendissimum quoque archiepiscopum nidrosiensem ab ecclesia sua archiepiscopali in exilium expulit , qui postea romam ad papam confugiens , ibidem in magna inopia & miseria mortuus est . nobilitati quoque ejus regni nequaquam pepercit , strenuum enim & praestantissimum equitem auratum , canutum , canuti ficto & mentito quodam praetextu , in carcerem redegit . cumque ille in jus provocaretur , & causa in senatu regni cognita & disceptata absolutus esset : tamen jure suo , à deo & aequitate sibi concesso , uti non potuit , cum paulò post miserimè decollaretur , & omnia ejus bona , contra omne jus à rege abriperentur . etiamsi verò multò plura ipsius impia & tyrannica facinora , & inprimis cum honestis matronis & virginibus , viduis & orphanis passim in dania , suecia , norvvegia perpetrata , indicare possemus : tamen illa ipsa , respectu nominis & dignitatis regiae habito , hoc quidem tempore , in nostra hac querela commemorare non volumus . semper equidem speraveramus futurum , ut crebris , fidelibus & submissis admonitionibus adductus , sese emendaret , & ab hujusmodi minimè regiis aut christianis , sed potius tyrannicis inceptis , facinoribus , expilationibus , vectigalibus , exactionibus , aliisque crudelibus institutis desisteret : sed tamen admonitiones hae nostrae planè infructuosae aures regias personuerunt : nostrae sententiae & consilia planè sunt repudiata , nulli ex sena●● regni locus apud regemfuit relictus , imò homines planè contempti & ad nullamrem idonei habiti & reputatisumus . atque ita ille in priori sua tyrannide , seipsum induravit . et ut omnino crudeli suo erga nos animo & voluntati satisfieret , milites peregrinos magno numero , tam pedites quam aequites , contra praestitum juramentum , quod ex superioribus articulis patet , in regnum induxit , & majoribus adhuc qu●m antehac factum est , oneribus & exactionibus nos gravare instituit . cum autem idnon injuria nobis grave esset , hoc tentat●m est , ut nos una cum miseris rusticis , ( qui tamen ipsi tempore belli septennalis penè omnem substantiam nostram impenderamus ) vi ad illas praestandas adigeret . quocirca missis literis tanquam ad juredicam ahusium nos evocavit , eo consilio , ut nos vi militis externi ( si modò is ad tam impium facinus à rege perduci potuisset ) adoriretur , & pro libitu suo imperata facere cogeret . compertum etiam nobis est , regem ad diem praestitutam duorum immanium carnificum , more suorum satelli●um ( ne scilicet res innotesceret ) vestitorum operam conduxisse , in ●um finem , si intolerabilibus ipsius edictis & voluntati non assentiremus , ut tum in corpora & fortunas nostras impetum faceret , & forte non al●ud quàm in suecia , dynastis , episcopis , praelatis , nobilitati & civitatibus factum est , covivium nobis adornaret . quapropter justissimo ( qui etiam in fortissimos viros cadere potest ) metu compulsi sumus , ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus , atque ita nostra corpora , vitam & possessiones ( quod jure naturae facere tenemur ) def●nderemus . compulsi igitur sumus , ut nostra juramenta , homagia & auxilia militaria per literas illi renunciaremus , id quod , etiam reipsa à nobis jam factam est , cum plane confideremus , neminem fore , qui impiis tyrannicis ipsius delictis consideratis , vitio hoc vertere nobis posset . nos enim status & consiliarios regni danici , coram deo & hominibus obligatos agnoscimus , ut communi patriae , in extremis his●e periculis & angustiis , consolationem aliquam offera●nus . siquidem miserorum ejus regni inquilinorum aeterna , ratione corporum & bonorum , pernicies , matronarumque & virginum dedecus & contumelia potissimum ab eo quaeritur , à quo illa omnia meritò averti à nobis debebant . neque ignotum est , propter similia , aut saepè etiam leviora quàm nos ( proh dolor ) perpessi sumus facinora tyrannica , saepenumero caesares romanos , reges vngariae , bahemiae , angliae , & scotiae , ex suis imperiis & regnis dejectos , nonnullos principes ex ditionibus suis haereditariis expulsos esse , sicuti id tam ex veteribus historiis , quàm ●x nostrae aetatis exemplis satis certo nobis innotuit . et nisi gravissimis hisce , quae hactenus commemoravimus , oneribus impelleremur , pigeret & taederet nos , talem aliquam cogitati●nem in nostrum animum inducere , multo minus reipsae eam exequ● , sed potius sicuti patri & avo ipsius , ita ipsi quoque libenter addicti fuissemus . etiamsi verò ab electione externi alicujus & christiani regis aut domi●i cujus potentia & defensione regnum nostrum gubernaretur non plane fuimus alieni : tamen confiderato diuturno & christiano regimine , regiis virtutibus , clementia , bonitate & justitia , quibus & illustriss , princeps & dominus , d. fridericus , verus haeres norwegiae , dux sleswici , helsatiae , stormariae , & dietmarsiae , comes oldenburgi & delmenhorsti , erga subditos suos statim à gubernationis suis exordio pie & laudabiliter usus est : eum potissimum unanimi consensu regem & dominum nostrum supra totam dani●m elegimus , eum nimirum cogitaremus , cum ex inclyta regum daniae prosapia originem ducere , & praeterea regis filium natum esse , aetque ita jure prae omnibus aliis principibus hunc honorem ipsi , praesertim cum patrimonium quoque ex regno paterno suae colsitudini debitum , ne nunc q●il●m accepisset , deberi . rogamus igitur unumquemque , cujuscunque conditionis aut ordinis sit , si for●è supr dictus rex christiernus , aut alius quispiam nomine ipsius , vel scriptis vel alio modo , nos insimulet , quod contra datam fidem & juramanta hac in partè egerimus , ut illi , antequam vlteriorem nostram defensionem audiat , fidem non habeat , sed potius nostras hasce difficultates , corporis & vitae pericula , impias viduariem & pupillarum ● ppressiones , matronarum & virginum violationes , cum clementi , christiana ; benevola & humana commiseratione cognoscat ▪ & nos ( qui honorem & existimationem nostram , u● pios nobiles dece● , erga regem illaesam ad huc conservavimus ) excusato● habeat . s●mulque aliis quaque omnibus & singulis , ob causas jam suprà dictas , & alias complures ( quas adhuc in honorem nominis regiiusque ad ulteriores nostras apologias reticemus ) benignè nos excuset . si etiam rex coram legitimo aliquo judice nos accusandos esse c●●suerit hoc ipso scripto nos ad legitimam & justam causae hujus cognitionem & decisionem offerimus ; pollicem●r etiam nos iis , quae hoc modo jure decernentur & sancientur , prompto animo parituros esse . nequs dubitamus , si vel sanctitas pontificia , vel rom. caesarea majestas , & iudicium camerae , vel alii quoque christiani reges , electores , principes , comites , barones & nobiles , vel inclytae & liberae imperii civitates petitionis hujus nostrae aequitatem , & ipsius impiam & tyrannicam nostri oppressionem cognoverint , quin factum hoc nostrum , ad quod extrema necessitas nos compulit , nequaquam ●int improbaturi . pro quo ipso singulis , proratione ordinis & conditionis suae , nostra studia , officia , & gratitudlnem , omni tempore praestandam , deferimus & pollicemur . swethland . not to mention the kings and kingdom of norway , long since incorporated into denmarke , whose lives and catalogue you may reade in munster , ioannis magnus , crantzius , and others : in which realme not one king anciently died of age or diseases in above one hundred yeers , but of violent deaths ; there being this custom , that whosoever slew a tyrant king , was thereby made a king. the kings of swethland have alwayes been elected upon certaine conditions , and subordinate to the power and censures of their whole states and parliament , in such sort as the kings of hungary , bohemia , poland , and denmarke have beene ; and oft times this kingdome hath beene annexed to the realme of denmarke , and subject to the danish kings , as they saw occasion : the names and lives of the swedish kings before and since their conversion to christianity , you may reade at large in munster , ioannis magnus , crantzius , olaus magnus , and others : i shall give you a taste onely of some of them out of those authors . halsten , and animander his successor were thrust out of their thrones and realms by their subjects . after whose death , the swedes elected one king of their owne nation , the gothes another , not enduring a forraign prince to reigne over them . king bugerius slaying his brother ericus , who had imprisoned him at a banquet , his nobles de●esting this his treacherous act , rose up in armes against him , expelled him the realme , and beheaded his queen and magnus his son , electing magnus the son of ericus for their king. magnus the seventh , betrothed his son aquin to a kinswoman of the earle of holstain upon this condition , that unlesse aquin should receive her a virgin , all the nobles of the realme should be freed from their oath of allegeance to him . the virgin sailing into swethland , was taken prisoner by waldamer king of denmarke , who betrothed his daughter margaret to aquin : where●pon the nobles of sweden denied to yeeld any more obedience to their king , deserted magnus and chose albert king : magnus seeking to regaine his realme , was defeated in battell and died in exile . queen margaret taking albert prisoner , and conquering sweden , left it and two kingdoms more to ericus her adopted son . but the swedes weary of a forraigne yoke , by the helpe of engelbert , denied subjection to him , and waged warre so long with him , that he was forced to place swedes in all the castles by agreement , and to receive onely halfe the revenues of the realme in his absence , and at last ( tired out with the wars ) deserted both crowne and kingdome . after this the swedes elected charles for their king , who after seven yeers reigne , perceiving that he grew grievous and displeasing to the states of sweden , taking his owne private goods onely with him , and leaving the treasure of the realm in a safe place , left the kingdome . whereupon they elected christierne the first , the king of denmarke and norway , for their king ; against whom they took up armes , because he had broken that paction prescribed to him when he tooke the crowne ; whereupon anno . christierne came with a great power to subdue the swedes , but he was easily conquered , repulsed thence twice one after another by the swedes united forces : who elected them a governour whom they called a marshall , which had power to call generall assemblies of the states , and execute the kings office , and might have beene elected king upon such conditions as the states propounded , which he re●used to submit to . king iohn thinking to subdue the swedes after christiernes death , was repulsed by them , and his queen taken prisoner . his sonne christierne the second , king of denmarke , by the treachery of gustavus archbishop of vpsalis , after many encounters , upon promise to continue their laws , liberties , and priviledges inviolably , and to remit all offences past by a solemne oath , was elected by the swedes for their king : who swearing these articles and confirming them by his charter , was upon this admitted into the towne and castle of holm● ; where feasting all the nobles and principall men of swethland two dayes together , suspecting no treachery , he suddenly apprehends them , imprisons , murthers all the nobles , gentry , citizens , commons , yea bishops and monkes , with extraordinary cruelty , spoils their wives and orphans of all their goods , and exerciseth more then barbarous tyranny over them ; which gustavus erichson , a noble swede then in denmarke hearing of , escapes thence privily , and comes into swethland ●i●g●ised , raiseth an army to revenge this butchery , delivers his country from this tyrant , and for 〈◊〉 noble service was by their unanimous vote elected and crowned 〈…〉 of sweden in his stead ; the swedes in a publike declaration manifesting then expulsion and deprivation of christierne for his treachery and tyranny to be just and lawfull . ericus the seventeenth king of sweden , imprisoning his brother , murdering his faithfull counsellours , warring upon his subjects , playing the tyrant , and matching himselfe unworthily to a woman of meane condition , was for these his misdemeanors taken prisoner , with his queene , deposed , and his brother made king in his stead , anno . and sigismund king of sweden , taking upon him the crowne of poland , after fourteen yeers reigne , was deposed and d●spossessed of his kingdom anno . and charles his uncle made king in his stead . assyria , cyprus , lombardy , naples , venice . i could now acquaint you with many such like passages and stories in the kingdomes of assyria ; as how effeminate sardanapalus , for his vices and mis●government was deprived by his subjects , burned in his palace , and arbactus made king in his stead . in the kingdom of cyprus , where king peter murthering his brother and those of geneva , was soon after taken prisoner and made a tributary prince . king iohn governed by helena his wife , and she by his nurse , which made the people weary of the government , had a regent by consent of the nobles ( iohn of portugall , whom they married to his daughter carlota ) set over him and the realm and all the royall power soon after put into his hands , who being soon poysoned by helena , lewes sonne to the duke of savoy was sent for the crowned king by generall assent , and iohn and iames his sons put by . clephus the second king of lombardy was so cruell , that after his death they would have no more kings , but chose thirty dukes to governe them , who continued this government eleven yeeres . desiderius the last king of lombardy was taken prisoner with all his children in pavia by charles the great , and so that kingdome ceased , anno . tancred the fourth king of naples was deposed by pope celestine the third ▪ with his peoples consent . momfrey a bastard , poysoning conrade the seventh king of naples , and usurping the crown , was deposed by charles earle of aniou , who enjoyed the crowne till aragon seased on the realme . ione queene of naples married andrew second sonne to charles king of hungary , whom she hanged at her window for insufficiency ; after marrying iames of tarragon , she beheaded him for lying with another woman , and was at last driven out of her kingdome by lewes of hungary , and hanged at the same window where she hanged her first husband . peter duke of venice was for his tyranny and misgovernment besieged in his palace by the people , which they fired , and then taking him his wife and sonne , dragged them unto the butchery , where they chopped them in pieces , and threw him to the dogs to be devoured , notwithstanding all their submissions and intreaties on their knees , anno . so duke falier , and many othe dukes , have beene condemned to death and executed by the states of venice , and that justly as bodine grants . multitudes of such like presidents occur , in most other dukedoms and principalities , which i will not name , because they want the title of kings , though aquinas truly holds , that a kingdome is so called from ruling ; therefore he who hath others under his government , is said to have a kingdome ; in reality , though not in propriety of speech ; and so are kings in verity , though not in title . i might adde to these many more examples , manifesting what miseries and untimely deaths tyrannicall kings and princes have undergone in all ages and states , being commonly deposed , poysoned , murthered ; but i shall for brevity passe over these examples , remitting the readers to aristotle , aelian , and doctor beard , his theatre of gods judgements , and come nearer home to scotland , as having nearest relation to england . scotland . what soveraigne power and jurisdiction the realme , parliaments and nobles of scotland have claimed and exercised over their kings , ( who , saith bu●●anan , can neither make laws , warre , peace , nor conclude of any great affairs of the realm without a parliament , which hath there , and in hungary , poland , denmarke , swethland , been oft-times summoned , not onely without , but against their kings consents ; ) and how frequently they have questioned , imprisoned , censured , deposed , yea judicially sentenced their kings for their tyrannies , oppressions , whoredoms , murders , rapines , and evill administrations , you may reade at large in george bucanan ( king iames his owne tutor ) in his booke , de iure regni apud scotos , and his rerum scoticarum historia . where this their soveraigne power is so largely vindicated , debated , demonstrated , and the chiefe objections against it cleared so abundantly , that i shall not adde one syllable to it , but present you with some historicall examples which confirme it . fergusius the first king of scotland dying , and leaving two sons infants , unable to governe the realme ; the scots thereupon considering what dangers might befall them both at home and abroad , during their infancy ; at last concluded after much debate ; and setled this for a standing law ; that when any king died leaving his son under age and unfit to governe , the next of their kinred , who should be esteemed fittest to raigne , should enjoy the soveraigne power ; and that he being dead , then the succession of the crowne should returne to the children of the deceased king , being of age to rule ; which law continued constantly for many hundred yeeres , untill the reigne of kenreth the third . by this law feritharis brother to fergusius abtained the crowne and reigned fifteene yeeres with much justice and modesty ; after which his nephew ferleg desiring to raigne , demanded his fathers kingdome of his uncle , who being willing to resigne it to him , called an assembly of the estates , made an oration in praise of ferleg , profered to resigne the crowne unto him . but such was all the assemblies love to feritharis and hatred to ferleg for this his preposterous affectation of the crowne , that they detested the act , and denied the motion both with frownes and verball reprehentions : whereupon ferleg conspired his uncles death , which being discovered , they thought him worthy of death ; but for fergusius his fathers sake , his life was spared , and he onely imprisoned ; after which making an escape he fled first to the pi●ts , then to the britons , and in the meane time feritharis dying , by the treachery of ferleg as was suspected , ferleg by the unanimus sentence of all was condemned and put from his crowne , being absent , and his brother mainus created king. dornadilla the fourth king of scotland dying , leaving reuther his sonne under age and unfit to raigne , the people made notatus his brother king ; who playing the tyrant , banishing , murthering , and opp●essing the people , donald of galloway raised an army against him , expostulated with him for his tyranny , and wished him to resigne the crown to reuther ; which he refusing to do , any justifying his tyranny ; hereupon donald gave him batte●l , slew him , and made reuther king without the peoples suffrages : upon which the nobles being offended , ( because the power of the parliament was by this meanes abolished , and the election of the supreame magistrate made onely by one man , ) tooke up armes both against ruther and donald , gave them battell twice in one day , and tooke ruther their new king prisoner : who afterwards dying and leaving there his sonne an infant , scarce ten yeeres old , they , according to the law formerly made and received in this case , made his unkle ruther king ; who after seventeene yeeres reigne voluntarily resigned his crowne to his nephew there , in whose commendation he made an oration , the people hardly permitting it . there soone after growing very vitious and flagitious , slaying the nooles , and filling the realme with robberies , the governours pi●tying the deplorable state of the realme , resolved to punish him for it ; of which he being informed , fled to the brittains , where he spent his daies in contempt and ignominy , not daring to returne ; conan a prudent and discreet man , being elected viceroy in the meane time , which office he held almost twelve yeeres till the death of there . in the reigne of finnan the tenth king of scotland , that the roots of tyranny might be cut off , it was decreed , that kings should command nothing of greater moment to be done , but by the authority of the publique councell . durstus the eleventh king , giving himselfe to all deboistnesse , first banished his fathers friends from him as the troublesome reprehenders of his pleasures ; and sending for the most vitious young men to be his familiar companions , gave himselfe wholly to luxury and venery . he prostituted his wife , ( daughter to the king of britains ) to his companions , and then banished her . at last the nobles conspiring against him , he awaking as it were cut out of sleepe , considering that he should finde no place of safety , neither at home nor abroad , being equally hated of strangers and subjects , thought best to counterfeit repentance of his former li●e , for so he might retaine both his crowne , and in time inflict punishments on his enemies . wherefore recalling his wife from exile , he first of all endeavoured to reconcile him selfe to the britains : then calling the chiefest of his subjects to him , he ratified with a most solemne oath the oblivion of his former courses ; he committed every most wicked person to prison , as if he reserved them for punishment , and religiously promised , that he would doe nothing hereafter , but by the advice of his nobles . when by these things he had given assurance of his sincere mind , he celebrated the agreement with pastimes , banquets , and other signes of publique gladnesse : and now all mens minds being taken up with joy , he called most of the nobility to a supper ; where , when he had shut them up ( improvident and unarmed ) in one roome , sending in his assasinates , he slew them every one . this calamity not so much terrifying as exasperating the minds of the rest with new flames of anger , they gathered a great army together , all men conspiring to take away this detested monster ; whom they slew in battell , together with his wicked confederates . after whose slaughter , the nobles putting by durstus sonnes , lest they should imitate their fathers vices , elected his brother even king with unanimous consent ; who hating durstus his tyranny had voluntarily banished himselfe among the picts . even dying , leaving a bastard sonne called gillo , he procured himselfe to be elected viceroy till a new king should be chosen , and got the kingdome confirmed to him ; but yet not deeming himselfe secure as long as any of durstus his family remained , he treacherously slew durstus his two eldest sonnes , with all his kindred and familiars : with which the nobles being much discontented , and fearing worser things , privily raised an army against him ; who finding himself generally deserted but by a few flagicious persons , who feared punishment , he was forced to flie in a fisherboat into ireland : whereupon the scots created cadvallus their vice-roy , and after that created even their king , who conquering gillo in ireland , he was forced to fly into a cave , where he was taken and his head cut off . king even the third , not content with an hundred concubines of the nobility , made a law , that it should be lawfull for every one to marry as many wives as he could keepe ; and that the king should have the mayd●n-head of noble women , and the nobles of the plebeans before they were married ; and that the common peoples wives should be common for the nobles . be●ides , luxury , cruelty and avarice were the companions of this his flagitious life ; he murthering the rich to get their wealth , and favouring thee●es to share in their robberies : whereupon the nobles and people conspiring against him and taking up armes , he discerned how unfaithfull the society of ill men is ; for being deserted by his party as soone as the battell began , he c●me alive into his enemies hands : and was committed t● pe●petuall prison , his life being spared by the intercession of cad●lan , who was made vice-roy in his stead ; but sonne after he was strangled in the prison by one whom he had formerly injured . king corbreds sonne being within age at his death , the assembly of the states made dardan king , who within three yeeres space ●ushing into all kind of vices , bannished all prudent and honest men out of hi● court , kept none but flatterers about him , slew cardorus , and divers others vertuous men who advertised him of his faults ; and to take away the feare of succession , plotted the death of corbred , galdus , and others : whereupon the nobles and people by unanimous consent rose up against him , slew his evill instruments , routed his forces , tooke him prisoner , whilst he was about to murder himselfe , cut off his head ( which they carried about for a laughing-stocke ) and threw his corps into a jakes , after he had raigned foure yeeres . luctacke the king of scots , giving himselfe wholly to wine and harlots , sparing the chastity of none though never so neere allied to him , nor their husbands never so great , deflowring his owne sisters , aunts , daughters , joyning inhumane cruelty and insatiable avarice to his lust , and depraving the youth of the country corrupted by his example , when as no man du●st resist him ; was at last convented before an assembly of the chiefe men ; where being more freely reprehended for those crimes , he commanded the chiefe of them to be drawne away to punishment , as seditious , calling them old doting fooles . whereupon the people assembling together , ●lew both him and the instruments of his wickednesses , when he had scarce reigned three yeeres space . mogaldus was elected king in his place , who carefully reforming all the abuses and corruptions of luctack in the beginning of his reigne ; yet fell at last unto them in his old age , and grew 〈◊〉 by his vices , to the nobles and common people , that they weary of him , rose up against him ; he being unable to resist them , wandred up & down with one or two compani●ns , in secret places , seeking to escape by flight ; but was at last taken and slaine . conarus his sonne and successor giving himselfe to all manner of luxurie , and lust , brought the realme in short time to great penury ; giving lands and riches to most vile and naughty persons , because they favoured his corrupt living , and invented new exactions upon his people . whereupon summoning a parliament , he demanded a tribute of them to support his state and court in honour ; who taking time to deliberate , and understanding at last , that this his hunting after money proceeded not from his nobles , but from the inventions of court-flatterers , they resolved to commit the king toward , as unfit to governe , untill he renouncing the crowne , they should elect another king. whereupon the next day , he who was first demanded his opinion , declaimed sharply against the kings former life , his bauds and companions , as unprofi●able in warre , troublesome in peace , full of shame and disgrace : shewed , that the kings revenues were sufficient to maintain him if he lived within compasse ; that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the publique patrimony ; and that the king in the meane time should be committed to custody , as unfit to rule , till they elected another , who might teach others by his example to live sparingly and hardly , after their countrey custome , and might transmit the discipline received from their ancestors to posterity . with which fre● speech he growing very angry , instead of pacifying their discontented minds , inflamed them more with his cruell threatnings ; whereupon the king being laid hands on by those who stood next him was shut up in a hall with a few attendants : his courtiers , the authors of ill counsell were presently brought to punishment , and argarus a nobleman made vice-roy till the people should meet to elect a new king ; after which conare spent with g●iefe and sicknesse , died in prison . king ethodius his sonne being an infant his brother t●trasell was chosen king , who murthering his nephew , cutting off divers of the nobles , and spoyling the common people , to establish the kingdome in himselfe , he grew so odious and so much d●minished his authority in a short time , that he stirred up divers seditions ; which he not daring to goe abroad to suppresse , being generally hated , was at last strangled by his own followers in the night , in his own house . ethodius the . being a stupid man , and of a duller wit then was suitable to the government of so fierce a people , the nobles hereupon assembling together out of their respect to the family of fergusius , would not wholy deprive him of the name of a king , though he were slothfull being guilty of no crime , but assigned him governours to execute justice in every county : at last he was slain in a tumult of his familiars . king athirco his sonne degenerating from his former vertues , and growing extreamely covetous , angry , luxurious , sloathfull , and leaving the company of all good men , was not ashamed to goe openly in the sight of the people playing upon a flute , and rejoycing more to be a fidler , then a prince ; whereby he became very odious to the people : at last ravishing the daughters of nathalocus a noble man , and then whipping and prostiruting them to his lewd companions lusts ; thereupon the nobles rising up in armes against him , when he had in vain endeavoured to defend himself by force , being generally deserted by his own people , who hated him for his wickedn●ss● he murthered himself , and his brother donus was enforced to flie with his little ones to the ●icts to save his life . nathalicke succeeded in his realme , governing it ill by indigent ordinary persons , who would attempt any wickednesse , and treachero●sly strangling divers of the nobility , who were opposites to him , in the prison to which he commit●ed them , to establish his kingdome ; thereupon their friends with others , being more enraged against him , raised an army to suppresse him ; which whiles he endeavoured to resist , he was slain by one of his own servants , or as some say , by a sorceresse with whom he consulted to know his end . king findocke being treacherously slain through the conspiracy of car●●tius his second brother , donald his third brother was elected king. donald of the isles , usurping the realme by violence , so farre oppressed the people by ●ll officers and discords raised amongst them , that he durst seldome stirre abroad ; he never laughed but when he heard of the discord and slaughter of his nobles : for which he was at last surprised and slaine by crathilinthus , who was unanimously elected king , and ●lew all this tyrants children . after the death of fircormarch there were great divisions and warres for the crowne between romach and angusian , two brethren ; ramach at last conquering his brother and chasing him into ireland , gained the crown rather by force , then love of the people ; which to preserve , he shewed himselfe very cruell to the adverse party , reduced capitall causes to his owne at bitrement , and putting many to death , strucke a generall feare in all good men : upon thi● he grew so generally odious to all estates , that they conspired against , and suppressed him before he could collect his forces ; and cutting off his head , carried it about on a poll , as a joyfull spectacle to the people . constantine the first , of scotland , as soone as he obtained the crowne , loosed the reines to all vices : he was cruell and covetous towards his nobles , kept company with men of the basest ranke ; gave himselfe onely to the rapes of maides , matrons , and immoderate feasts , having fidlers , stage-players , and ministers of all sorts of pleasures almost about him : with which vices the nobles of scotland being offended , admonished him of his duty . but he proudly centemning them , wished them to looke after other matters , saying , he had councell enough from others , and that they should lay aside their false hope , that they could reclaime the king by their councell . on the contrary he was of so poore a dejected spirit towards his enemies , that he not onely granted them peace , but remitted them injuries , and restored them castles as soone as they demanded them . which caused the picts and scots to consult together to depose him by force of armes ; from which douglasse disswaded them for the present , by reason of their forraigne wars with the britans and saxons : in the end , he was slaine for ravishing a noblemans daughter in the . yeare of his raigne . king goran was slaine by the people for favouring tow●er chiefe inquisitor or judge of capitall causes , who much oppressed the people ; his children being young , hugonius succeeded to the crown ; and afterwards his brothers congalus and kumatel , after whom ardan the sonne of king goran reigned . ferquhard the . king of scots a craftie man , desiring to turne the kingdome into a tyrannie , nourished great divisions among the nobles ; but they discovering his malice privilyenter into an accord among themselves , and calling a parliament , sommoned him thereunto : who refusing to appeare , keeping within his castle ; they thereupon tooke it by force , and brought him to judgement against his will ; where many and grievous crimes , among others , his cruelty and negligence in the affaires of the common-wealth ; the pelagian heresie , with contempt of baptisme , and the other sacraments , were objected against him ; of none whereof he being able sufficiently to purge himselfe , was cast into prison ; where , out of shame and sorrow , he slew himselfe . ferquhard the second , a man polluted with all kinde of wickednesse , an unsatiable desirer of wine and money , inhumanely cruell towards men , and impious towards god , when he had every where vexed others with cruelty and rapines at last turned his fury against his owne , slaying his owne wife , and ravishing his owne daughters : for which wickednesses he was excommunicated : but the nobles willing to assemble together to punish him , were diswaded by holy bishop colman , who told the king openly , that some devine judgement would shortly seize upon him , which ●ell out accordingly , for falling into a feaver , and not abstaining from his intemperance , he was eaten up of lice . maldwin . king of scotland was strangled by his queen , for suspition of adultery with an harlot ; for which fact she her selfe was burned dayes after . amberkelethus a vicious wicked king , was slain by one of his own men , with an arrow in the night , when he was marching against the picts ; whereupon , lest the army should be dissolved or left without a generall , eugenius the th was presently chosen king in the tents : who making peace with the picts , his wife being slaine in his bed by two conspirators who sought his life , the king being suspected of this murther was thereupon imprisoned ; but before his triall set at liberty , by the apprehension of the murtherers . king eug●nius the th , rushing into all vices , and neither regarding the admonitions of his nobles or clergie , was for his filthy lusts , covetousnesse , and cruelty , slaine in the assembly of his lords by their generall consent , and his companions in wickednesse and villany hanged , which was a gratefull spectacle to the people . fergusius the third succeeded him both in his crowne and vices ; he was a foule drunken glutton , and so outragiously given to harlots , that he neglected his owne wife , and brought her to such poverty , that she was forced to serve other noble women for her living ; wherefore to expiate this disgrace , she murthered him in his bed , and afterwards slew her selfe also . donald the king of scotland , gave himselfe wholy to his pleasures , keeping none but hunters , hawkers , and inventors of new lusts about him , on whom he spent the revenues of the realme , by which he corrupted the youth of the kingdome : which the ancients of the realme discerning , assembled and went to the king , admonishing him of his duty ; which he notwithstanding neglected , till the wars roused him up . which being ended , he returned to his pristine courses ; whereupon the nobles fearing , lest this filthy and sloathfull man , who would neither be amended by the councels of his friends , nor calamities of his people , should lose the remainder of the kingdome which was left , cast him into prison ; where for griefe of his inhibited pleasures , or feare of publike shame , he layd violent hands upon himselfe . constantine the second was inhibited by his senators to make war before he had reformed the corrupted youth of the realme by good lawes ; after which he was slaine in battle by the danes . king ethus his brother and successor polluting himselfe with all vices , and drawing all the youth of the country ( prone to wickednesse ) with him , he was thereupon seised on by the nobles ; who making a long oration to the people , wherein they related the wickednesses of his whole life , he was forced to renounce his right in the kingdome , and dyed in prison of griefe , within three days after , gregory being made king in his stead . constantin● the third turning monke , malchombe was elected king , who was slaine by the conspiracie of theeves ; whose sonne duffus being an infant , indulfus enjoyed the crowne ; to whom duffus succeeding , was murthered by donald : whereupon a parliament was assembled to chuse a new king , which elected culenus : who at last degenerating into all licentiousnesse , ravished virgins , nunnes , yea his owne sisters and daughters , and set up a kinde of publicke stewes . for which being reprehended by the nobles , he excused part by reason of his youth , part by reason of ●eare , and acknowledgeing his sorrow for the residue , promised amendment . but he not reforming upon their adm●nitions , they departed from court , that they might neither be witnesses no● partakers of his vices : the king freed of their troublesome company gave himselfe wholy to fea●●ing and venery , spending nights and dayes in dishonest sports and pleasures with his dissolute companions ; and to maintaine his luxurie , he pillaged and oppressed his subjects , especially those who were rich ; and by his disorders fell into a grievous sicknesse , which made him a deformed carcasse , fit for nothing but to suffer the penalties of his vitious life , his courtiers and companions spoyling the people every where in the meane time . whereupon the n●●les were enforced to summon a parliament at scone , where the king was commanded to be present , that together with the rest he might consult how to provide for the publicke safety in this precipitate state of things : with which ●ommons being awaked , he began to consult with his companions , what was best to be done for his owne ●afety in these exigen●s : being unable to resist or flee , he resolved to goe to the parliament , hoping to finde some mercy there for his good fathers sake , to preserve him from falling into extreame misery ▪ but in his way thither he was slaine by the thane of the country for his violent ravishment of his daughter ; his death was acceptable to all , because it freed them of such a monster with lesse labour then they expected : and kenneth the third was made king in his place : who poysoning his nephew malcolme , heire to the crown after his decease , to settle it on his own posteritie , he caused the lords in parliament to repeale the ancient law wherby the crown discended to the next of kin during the minority of the right heire ; and to enact , that the sonne should 〈◊〉 thenceforth inherite the crowne next after his father , through a minor ; that the realme during his minority should be governed by a viceroy elected by the parliament and nobles till he came to yeeres of age ; and after that by a gardian elected by himselfe ; that if the kings eldest sonne dyed having issue , the issue should inherit , before the second brother , &c. after which , the king generally hated for the poysoning of malcolme , was slaine by the practise and command of fenella . he thus cut off const●ntine surnamed the bald , sonne of culen , pretending the new law concerning the discent of the crowne to be unjust , obtained by force , and contrary both to the publicke liberty and safety ; to wit , that an in●ant ( commonly governed by a woman ) being unable to governe , or repulse an enemy in times of danger , yea a curse of god upon a realme , and therefore not to be endured or setled by a law , especially in those time of warre , when they had so many enemies ) should be preferred before a kinsman of full age , fit to raigne ; so ambitiously sought the crowne and made so many friends , that he procured himselfe to be proclaimed king at scone ; which malcolme sonne of kenneth ( for whose sake this new law was enacted ) understanding , presently raised all the forces he could , which being conducted by his brother kenneth , constantine and he in the second encounter were both slaine one of another . after whose death grame the sonne of duffus usurping the crowne , when he and malcolme were ready to encounter with their armes , this agreement was made betweene them by forthred a bishop , that grame should retaine the kingdome , and the new law of succession be suspended during his life ; and malcolme succeede him after his death . after which grame giving himselfe to all dissolutenesse , covetousnesse and oppression , and warring upon those nobles and councellors , who advised him to reforme his evill courses , with greater cruelty than any forraigne enemie , destroying both men , townes , cattle , fields , and making all a common prey ; hereupon they called in malcolme out of northumberland to assist them , who encountring grame , on ascention day , tooke him prisoner , being deserted of his people , wounded in the head , and then put out his eyes ; who soone after dying of sorrow and his wounds ; malcholme thereupon summoned a parliament at scone , and would not take the crown till the law concerning the succession made in his fathers raigne , was ratified by all their conse●ts : against which law buchanan exceedingly inveighs in the beginning of his seventh booke , as the occasion and increase of all those mischiefes both to king and kingdome , which it was purposely made to prevent . this malcolme , after he had raigned long victoriously with much honour , in his declining age , growing very covetous , tooke away the lands he had formerly given to his nobles for their good service in the wars , and punished divers of the wealthiest men so severely , that he brought many of them to death , others to extreame poverty ; which injuries lost him all his love , honour , and so farre exasperated the people ▪ that partly out of revenge , partly to prevent further oppressions and to provide for their owne securitie , corrupting his servants with money , they seat their agents into his chamber in the night , and slew him . not to mention the murther of king duncan by machbed , who usurped his crowne through his pusillanimity ; this machbed , omitting no kind of libidinousnesse , cruelty , and tyrannizing over the people for yeares soac● together , trusting to the predictions of certaine wisards , that he should neve● be overcome till bernane wood did come to dunsinane castle , and that he should never be slaine by any man borne of a woman . at last mackduffe governour of fiffe joyning himselfe to some few patriots who had escaped this tyrants sword , met at bernane wood , and early in the morning every man bearing a bough in his hand , the better to keepe them from discovery , tooke dunsinane castle by scalado : whence machbed escaping was pursued , overtaken , and urged to ●ight ●p mackduffe , to whom the tyrant replyed in scorne , that in vaine hee attempted his death , for it was his destinie never to be slaine by any man borne of a woman : now then said mackduffe , is thy fatall houre come , for i never was borne of a woman , but violently cut out of my mothers wombe , she dying before i was borne ; which words so daunted the tyrant , though otherwise valiant , that he was easily slaine , and malcolme conmer the true heire of the crowne , seated in the throne . king donald being odious and cruell to his subjects , they sent for duncan malcombes bastard , who expelled him the realme , and was created king in his steed ; who proving harsh , cruell , and imperious to his subjects , fell into their hatred , and was beheaded in the night by marpender earle of murry , corrupted with money by donald to murther him . donald permitting the isles to be taken and possessed by magnus king of norway , and suffering his realme to be wasted by a secret agreement ; thereupon the scots sent for edgar malcombes sonne , to take possession of the crowne , who entring into scotland with small forces , donald being deserted by his people , betooke himselfe to flight , but being apprehended and brought backe to edgar , he was cast into prison , and not long after dyed . king malcolm ▪ the fourth , at a parliament at yorke parting with divers of his crowne-lands to king henry without his peoples consents so farre incurred their hatred , that upon his returne they beseiged him at barwick , and almost tooke him prisoner , but by the mediation of some of his councell , who informed the nobles , that the king was by violence & fraud circumvented by the king of england , of the ancient patrimony of the crowne land , they resolved to recover it by war : the scottish nobility affirming , that the king had not any power to diminish or part with any lands appertaining to the crown without all their consents in parliament . this king after some encounters making a peace with the english upon unequall termes , wherin he parted with some of his ancient territories , out of his pusilanimity , against his nobles consent ; hereupon he grew so odious and contemptible to them , that they were all weary of his government , and caused many to take up armes and rebell against him . after the death of king alexander the third there was a parliament summoned at scone to consult about the creating of a new king ; and the government of the realme , during the inter-regnum● where first of all they appointed six men to rule the realme for the present , and then heard and discussed the severall titles pretended to the crowne , the finall determination whereof , they referred to king edward the first of england ▪ as to the supreame soveraigne lord of the realme : who selecting . s●ottish , and . english councellors to assist him ; after full hearing , by generall consent of all , adjudged the crown to iohn baylioll , husband to king alexanders ●ighest kinswoman : the scots considering his simplicity and unaptnes to governe them , and scarce confiding in him being an englishman , and elected by the k. of england , cōstituted them . peers , after the manner of france , to wit , . bishops , . earles , and . lords , by whose advise the king and all the affaires of the realme , were to be governed and directed : he was taken and kept prisoner by the english. after the death of robert bruce , the scots before their king was crowned , created a vice-roy to govern the realme , who suppressed the theeues , and robbers : edward bayliol sonne to iohn bayliol succeding bruce , was afterwards rejected and deposed by the scots , for adhereing too closely to the english & k. edward , and david bruce elected k. in his place . robert the d. of scotland when a peace was propounded between france , england , and scotland by the pope , willingly consented there unto , but his nobles being against it , his assent alone was in vaine ; because the king of scotland alone , can make no firme peace nor truce , nor promise which shall bind , but by publike consent in parliament . king robert the d. dying of griefe , for the captivity and imprisonment of his son iames , taken prisoner by our king henry the th . as he was going into france , the scots hereupon appointed robert his uncle , by common consent , for their vice-roy , till iames the ( first of that name ) right heire of the cowne , were enlarged . iames being freed and crowned , summoned a parliament , wherein an ayde was granted him to pay his ransome , with much difficulty : he had many civill wars with his subjects , and at last was murthered by robert grame and his confederats , from whom he received . wounds in his chamber in the night , wherof he presently died . iames the . his son , being but . yeares old at his death , alexander leviston was chosen protector , and william crichton made chancellor by parliament ; which the earle douglas storming at , committed many insolencies in a hostile manner . after which , alexander and his faction opposing the chancellor , and commanding that none should obey him , the chancellor thereupon fortified edenborough castle , and as the king was hunting early in the morning seized upon him with a troop of horse , & brought him to edinburgh castle , where he detained him from the protector till the peace of the kingdom , and present divisions should be setled : which lasting very long by reason of earle douglas his ambition , power , and covetousnes , who raised many grievous civill wars , he was at last stabbed to death by the king himselfe , anno . contrary to his promise of safe● conduct to the court , under the kings and nobles hands and seales : wherupon his brethren and confederats , meeting at sterling , resolved to revenge his death , and tied the kings and nobles writing of safe conduct to an horses taile , which they led through the streets of sterling , railing at the king and his councell as they went , and when they came into the market place ( where they had . trumpets sounding ) they by an herald , proclaimed the king and all that were with him , fedifragus , perjured , and enemis of all good men : and then spoiled and burned the towne , country , with all places else that were firme to the king ; betweene whom and the kings party , a bloody civill warre ( to the spoyle of the countrey ) continued above two yeares space with various successe ; till at last with much difficulty this fire was extinguished and the king casually slaine with the breaking of a cannon : whose sonne iames the . being but . yeeres old , was proclaimed king in the campe , and the queen mother made regent , till a parliament might be called to settle the government ; but when the parliament assembled , upon the oration of kenneth archbishop of saint andrewes shewing the inconveniences and unfitnesse of a womans government , they elected . regents to governe the king and realme during his minority . after which bodius was made vice-roy : this king being seduced by ill courtiers and councellors which corrupted him , thereupon divers of the nobles assembling together , resolved to goe to the court , to demand these ill councellors and seducers of the king and then to execute them ; which they did accordingly , and that with such fury , that when they wanted cords to hang some of them , they made use of their horses bridles , and every one strave who should be forwardest to doe this execution . the king promising reformation , was dismissed ; but in steed of reforming he meditated nothing but revenge , blood and slaughter in his minde ; and plotting secretly to murther the nobles in edenburg , by the helpe of earle duglasse ; he detesting the fact and revealing the treachery , thereupon the nobles who formerly desired onely his reformation , took up armes to de●●roy him , as one incorrigible and implacable ; whereupon they made the kings sonne vice-roy , and knowing the kings perfidiousnesse , would yeeld to no termes of peace , unlesse he would resigne up his crown to his son : which he refusing , thereupon they gave him battle and slew him , as a common enemie . after which calling a parliament , they created his son iames the fourth king ; who comming under the power of the duglasses , rescued himselfe at last from them : and invading england , anno. when he proclaimed oliver sincleer his favorite , gene●all , the scottish nobility tooke it in such indignation , that they threw downe their weapons and suffered themselves to be taken prisoners ; whereupon the king growing sicke with griefe and anger , soone after dyed . anno. . mary the daughter of king iames the sixth of scotland , and heire to the crowne , being within age , her mother queene mary , by common consent was made regent , and shee by common consent and councell of the nobles , married to francis dolphine of france . in the meane time there hapning some troubles and warres about the reformed religion , which many of the nobles and people there contended for ; the queene mother , granting those of the religion , a confirmation of their liberties and religion by way of truce for moneths , she in the meane time sends for souldiers out of france , wherewith she endeavoured to suppresse religion , with the remaining liberty of the scots , and to subject them to the french. whereupon the nobles of scotland who stood for the defence of their religion and liberties , by a common decree in parliament , deprived the queene mother of her regencie , make a league with our queene elizabeth , being of the reformed religion , and receiving ayde both of men and money from her , besieged the queene mother in edenburgh castle , where she dyed of griefe and sicknesse . after which they expelled the french , and procured free exercise of the reformed religion . in the meane time francis dying , the queene sends for henry steward out of england , where he and his father had beene exiles ; marries and proclaime him king , iuly . . which done , she excluded the nobility from ●er councells , and was wholly advised by david ritzius , a suba●dian , whom she brought with her out of france , and did all things by his councell ; wherewith the nobles being much discontented , finding him supping with the queene in a little chamber , commanded him to rise out of the place , which did little become him , and drawing him out of the chamber , stabbed him to death , anno. . the queene soone after was delivered of a sonne and heire , iames the . and then admits iames hepburne earle of bothwell into most intimate familiarity with her , setting him over all affaires of the realm , granting nothing to any petitioner almost but by him ; and her husband steward being dead , ( whether of a naturall death or poyson is yet in controversie ) she married bothwell openly , without the lords and parliaments consents . hereupon the nobles tooke up armes against bothwel and the queen , bes●eged the queen till she rendred her selfe prisoner , upon this condition ; that she should abjure and resigne her interest in the crowne and kingdome to her infant sonne ; which they compelled her to performe , and appointed iames earle of morton vice-roy , and protector during the kings minority . in the meane time the queene was committed prisoner to the castle of the isle of the lake leuine ; where corrupting duglasse her keeper , the earle of mortons nephew , and a shipmaster , she escaped to the hamilt●ns in safety , who having raised forces to free her , waited her comming on the shoare : but the vice-roy scattering these forces soone after , the queene thereupon fled into england . anno. . where queene elizabeth taking her expulsion ill , laboured that she might be restored to the crowne , which could not be effected , but by armes , or mediation ; and neither of them without knowledge of the cause . whereupon the queene sent for the vice-roy and councell of scotland into england , to answere the complaints of their queene against them ; which they did in a writing , ( composed by buchanan , and afterwards printed both in latine and english , ) wherein they shewed the grounds and order of their proceedings against their queene ; wherewith the queene and councell were satisfied , that they had proceeded rightly and orderly : yet to keepe both sides in suspence , she pronounced no definitive sentence : the vice-roy departing into scotland , was afterwards murthered by the hamiltons , and matthew steward earle of len●ux made vice-roy in his steed . the queene in the interim treated with thomas howard duke of nerthfolke , about a match with him , and to seise upon the realm of scotland , whereupon he was committed to the tower , and she restrained ; after which she was solemnely arraigned and condemned to death by the parliament of england for conspiring queene elizabeths death , &c ▪ and for it beheaded at fotherringham castle , feb. . ▪ the history of which queenes life is more at large related by buchanan and others ; and her imprisonment and deposition professedly justified as lawfull by his treatise , de iure regni apud scotos ( compiled for that purpose ) to which i shall referre the reader . what th● lords and realm of scotland have done within these . yeers last past in defence of their religion lawes , liberties , by holding generall assemblies , parliaments , taking up armes , seising the forts and ammunition of the realm , and marching into england , against the kings consent and proclamations , is so fresh in memory , so fu●ly related in the acts of oblivion and pacification , made in both parliaments of england and scotland , ratified by the king himselfe ; and in particular histories of this subject , that i shall not spend time to recite particulars , but will rather conclude from all the premises with the words of buchanan ; the ancient custome of our ancestors in punishing their kings , suffers not our forcing of the queene to renounce her right unto the crowne to her sonne , to seeme a novelty ; and the moderation of the punishment , shewes it proceeded not from envie : for so many kings punished with death , bonds , banishment by our ancestors , voluntarily offer themselves in the ancient monuments of histories , that we neede no forraigne examples to confirme our owne act : for the scottish nation , seeing it was free from the beginning , created it selfe kings upon this very law , that the empire being conferred on them by the suffrages of the people , if the matter required it , they might take it away againe by the same suffrages ; of which law many footsteps have remained even to our age : for in the islands which lye round about us , and in many places of the continent , wherein the ancient language and constitutions have continued , this very custome is yet observed in creating governours : likewise the ceremonies which are used in the kings inauguration have also an expresse image of this law ; out of which it easily appeares , that a kingdome is nothing else , but the mutuall stipulation betweene the people and their kings : the same likewise may be most apparently understood out of the inoffensive tenor of the ancient law , preserved from the very beginning of raigning among the scots even unto our age ; when as no man in the meane time hath attempted , not onely not to abrogate this law , but not so much as to shake it , or in any part to diminish it : yea , whereas our ancestors have deprived so many kings as would bee tedious to name , of their realme ; condemned them to banishment , restrained them in prisons , and finally punished them with death , yet there was never any mention made of abating the rigor of the law ; neither perchance undeservedly , since it is not of that kinde of lawes which are obno●ious to the changes of times , but of those ingraven in the mindes of men in the first originall of mankinde , and approved by the mutuall consent well-nigh of all nations , which continue unbroken and sempiternall together with the nature of things , and being subject to the commands of no man ; domineere and rule over all men . this law ( which in every action offers it selfe to our eyes and mindes , and dwels in our brests will we , nill we ) our ancestors following , were alwayes armed against violence , and suppressed the unrulinesse of tyrants . neither is this law proper onely to the scots , but common to all well-ordered nations and people : as the athenians , lacaedemonians , romanes , venetians , germanes , danes : which he there manifests by examples . so that i may hence infallibly determine , the realme , parliament , and nobles of scotland , collectively considered , to be the soveraigne power in that realme , superiour to the kings themselves : from whom i shall proceede to scripture presidents , in the kings and kingdomes of the gentiles , israel , and iudah , recorded in scripture . the kings of the gentiles , israel , and iudah . now least any should object , that all the forecited examples and authorities are but humane , and no convincing evidences to satisfie the conscience , that whole kingdoms , states , and parliaments are above their kings , and of greater power then they , i shall therefore ( to close up this posterne gate of evasion ) conclude with scripture presidents , ratifying this truth beyond all contradiction . to begin with heathen kings and states therein recorded . i read in the sam. . and chro. . . that when david with his men offered to go with achish and the philistines against king saul ( his soveraign ) and the israelites to battell , and passed on in the rereward with achish ; the princes of the philistines seeing it , said , what do these hebrews here ? to whom achish answered , is not this david the servant of saul king of israel , which hath been with me these years , and i have found no fault in him since he fell unto me unto this day ? hereupon the princes of the philistines were wroth with him , and taking advice together , said to their king achish , make this fellow returne that he may goe again to his place which thou hast appointed him , and let him not go down with us to battell , lest in the battell he be an adversary to us ; for wherewith should be reconcile himself to his master ? should it not be with the heads of these men ? is not this david , of whom they sang one to another in dances , saying , saul slew his thousands , and david his ten thousands ? then achish called david , and said unto him , surely as the lord liveth , thou hast been upright , and thy going out and coming in with me in the host is right in my sight , for i have not found evill in thee since the day of thy coming ; neverthelesse the lords favour thee not ; wherefore now return and go in peace , that thou displease not the lords of the philistines . and when david replied , what have i done , &c. that i may not fight against the enemies of my lord the king ? achish answered him , i know thou art good in my sight as an angell of god , notwithstanding the princes of the philistines have said , he shall not goe vp with vs to battell ; wherefore rise up early in the morning with thy masters servants that are come with thee , and assoon as ye have light , depart ; whereupon they returned . here we see the lords of the philistines did peremptorily overrule their king against his will , who durst not contradict them ; therefore they had a power superiour to his : as will further appear by sam. . ▪ , , , . and ch . . , to . where when the ark of god was taken by the philistines , the lords and people of the philistines ( not the king ) met , consulted , and ordered , how it should be removed from place to place , and at last sent it back again . so ahasuerus the great persian monarch , was advised , over-ruled by his councell of state , as appeareth by the case of queen vashti , ester . and what his princes thought meet to be done , that he decreed and proclaimed , verse , , , . so artax●rxes king of persia did all things of moment , by the advise of his counsellors and princes , ezra . . and chap. . . great nabuchadnezzar king of babylon , ( dan . , . . chap. . , to . ) was for his pride driven from men , put to eat grasse with oxen for aspace , till he knew that the most high ruleth in the kingdoms of men : after which his understanding and reason returned to him , and the glory of his kingdom , and his councellors and lords sought unto him , and established him in his kingdom , he being over-ruled and counselled afterwards by them . so daniel . darius king of the medes and persians , was over-ruled by his lords and princes , even against his will , to signe a decree , and to cast dauiel into the lyons den for breach of it ; and though the king were sore displeased with himself for signing this decree , and set his heart on daniel , and laboured till the going down of the sun to deliver him ; yet the princes assembling and telling the king , know o king , that the law of the medes and persians is , that no decree nor statute which the king establisheth , ( by the advice of his nobles ) may be changed , ( to wit , by the king alone , without their advise : a clear evidence , that the greatest persian monarchs were subject to the laws of their kingdoms , as well as other princes ; ) whereupon the king commanded , and they brought daniel and cast him into the den of lyons , and a stone was brought and laid upon the mouth of the den , and the king sealed it with his own signet , and with the signet of the lords , that the pvrpose might not be changed concerning dani●● . here this great king was even against his will constrained to be subject both to his laws and lords . the like we read of pharaoh king of egypt , exod. . , , , . who consulted with his people how to oppresse the israelites , as being unable to do it without their consents . and exod. . pharaohs councellors and lords , ( after sundry plagues on the land ) said unto him , how long shall this man ( moses ) be a snare unto us ? let the men go that they may serve the lord their god ; knowest thou not that egypt is destroyed ? whereupon moses and aaron were brought before pharaoh , who said unto them , go serve the lord your god. and esay . . to . surely the princes of zoan are fools , the counsell of the wise counsellors of pharaoh is become bruitish : they have also seduced egypt , even they that are the stay of the tribes thereof . they then had an overruling power above their kings . so the great king of nineveh , ●onah . , , . proclaimed and published a generall fast thorowout the city , by the decree of the king , and of his great men , making no publike laws , but by their advice and assents . in like manner we read in the sam. . , , . that the princes of hanun king of the ammonites co●selled and overruled him ( out of overmuch suspition ) to abuse davids messengers sent to him in love . and in the kings . . there was then no king in edom , a deputy was king ; the kingdom appointing a deputy then to rule them in stead of a king , and giving him royall authority : and in the kings . . chron. . . in the dayes of ioram , edom revolted from under the hand of iudah ( which had conquered it ) and made a king over themselves : and though ioram smote the edomites , who encompassed him , yet they revolted from under the hand of iudah till this day : the electing and constituting of a king being in their own power . see gen. . . to . and c. . . to . to like purpose . these being all pagan kings and states , i come to the israelites themselves ; wherein for my more orderly proceeding , and refutation of the many grosse erronious assertions of * court doctors and royallists touching the estate and soveraignty of their kings , whom they would make the world beleeve to be absolute monarchs , subject to no laws , to derive all their royall authority from god alone , and no wayes from the people ; to be meerly hereditary and elective , to be above all their people , irresistible in their tyrannicall wicked proceedings , and no wayes subject to their realms and congregations overruling controll , much lesse to their defensive oppositition or deprivation ; i shall digest the whole history of their kings and kingdoms iurisdictions and power into these ensuing propositions , which i shall clearly make good out of scripture , as i propound them in their order . first , that the originall creation and institution of the israelites kings and kingdoms proceeded onely from the power and authority of the people , and that solely by divine permission , rather then institu●ion ; this is most apparent by deuter. . , . when thou art come unto the land which the lord thy god giveth thee , and shall possesse it and dwell therein , and shalt say , i will set a king over me , like as all the nations that are abovt me ; thov shalt in any wise set him king over thee , whom the lord thy god shall chuse ; one from among thy brethren shalt thov set over thee , thov maist not set a stranger over thee , which is not thy brother . where god himself by way of prophesie of what afterwards should come to passe , expresly declares , first , that the primary motion of changing the government of the iew● from iudges and an aristocracy into a kingdom , should proceed from the peoples inclination , as the words , and shalt say , i will set a king over me , &c. import . secondly , that the authority to change the government into a regality , to creat and make a king , resided in , and the authority of the king proceeded meerly from the people , as the words , i will set a king over me , thou shalt set him over thee ; ( four times recited in two verses ; ) manifest beyond dispute . thirdly , that all nations about them who had kings , had the like power to create and make their kings , as the words , like as all the nations that are about me , witnesse . all which is evicently confirmed by iosephus , antiqu. iudaeorum , l. . c. . by carolus sigo●ius de repub. hebraeorum , l. . c. . bertram , cunaeus , schikardus , and divers commentators on this text : the history of the change of their state into a kingdom , and of their iudges into kings● added to this prophesie and precept , will leave no place for any scruple . we read in the sam. . that the people growing weary of samuels government who judged them , by reason of the ill government of his sonnes , who tooke bribes , and perverted judgement ; thereupon all the elders of israel gathered themselves together , and came to samuel unto ramah , and said unto him , behold , thou art old , and thy sons walk not in thy wayes , now make vs a king to ivdge vs like all the nations : but the thing displeased , samuel , when they said , give us a king to judge us ; and samuel prayed unto the lord ; and the lord said unto samuel , hearken vnto the voyce of the people in all that they say vnto thee ; for they have not rejected thee , but they have rejected me that i should not reign over them ; according to all the works that they have done since the day that i brought them out of egypt , even unto this day ; wherewith they have forsaken me , and served other gods , so do they also unto thee : now therefore hearken to their voyce ; howbeit , yet protest solemnly unto them , and shew them the manner of the king that shall reign over them . and samuel told all the words of the lord unto the people that asked of him a king ; and he said , this will be ( not ought to be ) the manner of the king that shall reign over you , he will take your sons , and appoint them for himself , &c. and ye shall be his servants ▪ and ye shall crie out in that day because of yovr king which ye shall have chosen yov , and the lord will not ●ear you in that day . neverthelesse , the people refused to obey the voyce of samuel , and they said , nay , bvt we will have a king over vs , that we also may be like all the nations , and that our king may judge us , aud go out before us , and fight our battels . and samuel heard all the words of the people , and rehearsed them in the ears of the lord : and the lord said unto samuel , hearken unto their voyce , and make them a king. after which , when god had appointed saul to be their king , samuel called the people together unto the lord in mizpeh , and recapitulating the great deliverances god had done for them , added , and ye have this day rejected your god , who himself saved you out of all your adversities and tribulations , and ye have said unto him , nay , bvt set a king over vs , &c. and samuel said unto all the people , see ye him whom the lord hath chosen , that there is none like him among all the people ? and all the people shouted and said , god save the king. after which he expostulated again with them thus , and when ye saw that nahash king of the children of ammon came against you , ye said unto me , nay , bvt a king shall reign over vs , when the lord was your king ; now therefore behold the king whom ye have chosen , and whom ye have desired , &c. that ye may perceive and see that your wickednesse is great which ye have done in the sight of the lord , in asking yov a king . and all the people said unto samuel , pray for thy servants unto the lord thy god that we die not , for we have added unto all our sins this evill , to ask a king . which compared , with hos. . , . i will be thy king , where is any other that may save thee in all thy cities ? and thy iudges of whom thou saidst , give me a king and princes ? i gave thee a king in mine anger , and tooke him away in my wrath : with acts . . and afterward they desired a king , and god gave them saul the son of cis , by the space of forty years . all these concurring sacred texts will infallibly demonstrate , that this change of the iudges into kings , and the originall creation of their kings and kingdoms proceeded only from the importunity and authority of the people , who would not be gainsaid herein , not from gods institution , or samuels approbation , who censured and disavowed this their motion , though they at last condescended to it ; all which is elegantly related , confirmed by iosephus , antique . iudaeorum , l. . c. , , , . by all this it is apparent , that the congregation and people of the iews had the soveraign power in themselves , as well as other nations , because the authoritie to alter the whole frame of their former aristocraticall government into a monarchy , resided in them , though they were taxed forchanging it in samuels dayes , who had so justly , so uprightly judged them . secondly , it is apparent , that the iudges and kings of the israelites were not properly hereditary , but oft elective by the people : and though god did sometimes immediately nominate the persons of those that should reign over them , as is apparent by saul , david , ieroboam , iehu , others ; yet the people did constantly confirm , make them kings , and gave them their royall authority , none being made kings by divine appointment , but such as they willingly accepted , approved , confirmed for their kings ; gods previous designation being but a preparative to their voluntary free ( not restrained or limited ) election . the first king among the israelites ( though but over part of them ) was abimelech the son of ierubbaal , who was made king by the peoples election , iudges , . , to . who having perswaded those of sechem to elect him for their king , thereupon all the men of sechem gathered together , and all the hovse of millo went and made abimelech king : whence iotham thus upbraided them and him , verse . to : then said all the trees unto the bramble , come thou and reign over us : and the bramble said unto the trees , if in truth ye annoint me king over you ; thèn come and put your trust in my shadow , &c. now therefore if ye have done truly and sincerely in that ye have made abimelech king , &c and that ye have risen up against my fathers house this day , and have made abimelech king , &c. we read iudg. ▪ , . that after gideon had slain zebab and zalmunna , with the midianites , the men of israel said unto gideon , rule thou over us , both thou and thy sons , and thy sons son also , for thou hast delivered us from the hand of midia● . and gideon said unto them , i will not rule over you , neither shall my son rule over you ▪ the lord shall rule over you . where we clearly see , the power and right to elect a ruler , and to limit the government to him and his issue , for three generations only , to reside in the peoples free election . so iudges . , . and chap. . . to . when the children of ammon were gathered together and encamped against gilead , the people and princes of gilead said one to another , what man is he that will begin to fight against the children of ammon , he shall be head over all the inhabitants of gilead . and the elders of gilead went to fetch iephthah out of the land of tob , and said unto him , come and be our captain that we may fight with the children of ammon , and be our head over all the inhabitants of gilead : vpon promise of which dignitie , he went with them to gilead ; and the people made him head and captain over them . that the election and making of their kings belonged of right to all the people , is past dispute , being so resolved by god himself , deuter. . , . when thou art come into the land , &c. and shalt say , i will set a king over me , like as all the nations that are about me , thov shalt in any wise set him king over thee whom the lord thy god shall choose ; one from among thy brethren shalt thov set over thee , thov maist not set a stranger over thee : where the power of creating and electing the king , is left wholly to the peoples free choice , with these generall restrictions , that he should be one of their brethren , not a stranger , and particularly qualified as is there expressed . and though god did sometime design and nominate their kings , yet he left the power of approbation and ratification of them free to the people , as is apparent by sa. . . and ye shall crie in that day , because of the king which ye shall have chosen you . hence saul their first king , though nominated and designed by god and samuel , was yet approved , confirmed and made king by the people , who shouted and said , god save the king , when samuel presented him to them ; sam. . . but the children of belial despising and bringing him no presents , verse . after saul had conquered the ammonites , who besieged iabesh gilead ; the people said unto samuel , who is he that said , shall saul r●ign over us ? bring the men that we may put them to death . then saul said , there shall not a man be put to death this day ; for this day the lord ha●h wrought salvation in israel . then said samuel to the people , come let us go to gilgal , and renew the kingdom there . and all the people went to gilgal , and there they made savl king before the lord in gilgal : where samuel useth this speech to the people , concerning saul , now therefore behold the king whom ye have chosen , and whom ye have desired , the lordhath set a king over you : ( so that the choice and election of him , was as well theirs as gods : ) and verse . he calls him your king , because chosen and made by , as well as for the people . saul being slain by his owne hands , the crown descended not to his sonne by way of descent , but david succeeded him by gods designation , and the peoples election too , by whose authority he was made and crowned king , being formerly annointed by samuel to succeed saul . this is irrefragable by the sam. . . where david going up to hebron by gods direction , the men of iudah came , and there they annointed david king over the house of iudah . after which samuel . . . to . all the tribes of israel came to david to hebron , and spake saying , behold we are thy bone and thy flesh . also in time past , when saul was king over us , thou wast he that leddest out and broughtest in israel ; and the lord said to thee : thou shalt feed my people israel , and thou shalt be a captain over israel . so al the elders of israel came to the king at hebron , and king david made a league ( or covenant ) with them before the lord ; and they annointed david king over israel . and in the chron. . . to . wee have a particular recitall of the numbers of the bands that were ready armed to the warre , and came to david to hebron to tvrn the kingdome of saul to him ; and came with a perfect heart to hebron to make david king over all israel ; and all the rest also of israel were of one heart to make david king : whose title to the crown being afterward ▪ shaken by his sonne absalom , who cunningly usurped it , ( and that by the election of the people too ; as is evident by hushai his speech unto him , sam. . . nay , but whom the lord , and this people , and all the men of israel choose , his will i be , and with him i will abide , compared with . sam. . , . and all the people were at strife thorow all the tribes of israel , saying ; absalom whom we anointed over vs is dead , &c. a cleare evidence the kingdome was then held elective , and that the people had the soveraign power of electing and creating their kings ; ) all the people throughout all the tribes of israel and the men of iudah , to re-establish david in his throne , being fled out of the land , sent this message to him ; returne thou and all thy servants : whereupon the king returned , and all the tribes went as farre as iordan to meet and bring him back again to gilgal . david growing old , his son adonijah , against his consent , accompanied with some great officers and courtiers of his party , usurped the crown , and was by them saluted king ; but david hearing of it , by gods election and choise , commanded solomon ( though not his eldest sonne ) to be annointed and proclaimed king , and to sit upon his throne in his life time : as soon as he was anointed and the trumpet blew ; all the people said , god save king solomon . and all the people came up after him , and piped with fluits , and rejoyced with great joy , so that the earth rent with the sound of them ; so that all adonijah his company forthwith deserted him , and he and ioab were glad to flee to the hornes of the altar for shelter . after which , david assembled all the princes of israel , the princes of the tribes , the captaines of companies , thousands and hundreds , the stewards , officers , and mighty men , with all the valiant men of his kingdome , to ierusalem ; then he declared to all the congregation , that god had chosen solomon to sit upon the throne of the kingdome of the lord over israel , and to build him an house , &c. exhorting them to contribute liberally towards this building , which they did ; and when they had blessed the lord , and offered sacrifices to him all the congregation made solomon the sonne of david king the second time , and anointed him unto the lord , to be the chiefe governovr ( his first coronation being but private without the presence and consent of the whole realme , but of those only then present in ierusalem : ) then solomon sate on the throne of the lord , as king , instead of david his father , and all israel obeyed him ; and all the princes , and mighty men , and likewise all the sonnes of david submitted themselves to him as their king : after he was thus generally elected and crowned king the . time by all the congregation . and after davids death , he was established and strengthened in his kingdome by the peoples voluntary admission and free submission to him . from which history of solomon it is cleare . . that though david caused solomon to be first crowned king privately to prevent adonijah his usurpation ; yet hee thought that title not sufficient without a second election , admission , and coronation of him by all the people and generall congregation . . that till this his second inauguration by all the people , he was not generally acknowledged , nor obeyed by all as their lawfull king . . that gods and davids designation of solomon to the crown , did not take away the peoples liberty , right and power , freely to nominate , make , and choose their kings ; their preuious designation being thus accompanied with this tacit condition , that the people likewise should freely elect , constitute , and crown him for their king , else what need of this their subsequent concurrent acceptance and second coronation of him for their king , by all the congregation , if their consents and suffrages were not necessary ? or how could he have raigned over them as their lawfull king , had not the people generally chosen , accepted , admitted him for their soveraigne ? solomon deceasing , rehoboam his eldest sonne went up to sechem : ( what to doe ? not to claime the crown by discent from his father , but by election from the people , as the following history manifests ; ) for all israel were come to sechem to make him king : if to make him king , then he was no king before they had made him , as many divines most sottishly averre against the very letter of the text and iosephus ; ( who writes , that it pleased the assembly of the israelites there held , that hee should receive the kingdom by the ieoples consent . ) and ieroboam and all the congregation of israel came and spake unto rehoboam , saying , thy father made our yoake grievous : now therefore make thou the grievous service of thy father , and his heavy yoake which he put upon us lighter , and we will serve thee : ( because naturally subjects delight in mild kings , who will somwhat descend from their altitudes , saith iosephus . ) this was the condition they propounded to him before they would accept him for their king , and upon this condition only would they admit him to reigne over them ; therefore doubtlesse the disposall of the crown and limitation of the kings royall power resided in all the congregation , who had authority to prescribe their kings what equall and just conditions they pleased . and he said unto them , depart yet for three dayes , then come again to me ; and the people departed . hereupon rehoboam consulted with the old men that stood before solomon his father , while he lived , and said , how doe you advise that i may answer this people ? and they spake unto him , saying ; if thou wilt be a servant unto this people this day , and wilt serve them and answer them , and speak good words to them then they will be thy servants for ever ; but he forsooke the counsell of the old men , which they had given him , and consulted with the young men that were grown up with him , and which stood before him , and following their ill advise : when ieroboam and all the people came to rehoboam the third day , as he had appointed ; the king answered the people roughly ; and forsaking the old mens counsell , he spake unto them after the counsell of the young men , saying ; my father made your yoake heavy , and i will adde to your yoake ; my father chastised you with whips , but i will chastise you with scorpions . wherefore the king hearkned not unto the people , for the cause was from the lord , &c. so when all israel saw that the king hearkned not vnto the me the people answered the king ( through indegnation with one voyce , writes iosephus , saying ; what portion have we in david ; neither have wee inheritanc ) in the sonne of iesse , ( that is , we have not intailed our subjection nor the inheritance of this our realme to david and his seed for ever , but are still free to elect what king we please ; ) to thy tents o israel . now see to thine house , david : so israel departed to their tent● . but as for the children of israel which dwelt in the cities of iudah , rehoboam reigned over them : ( the tribes of iudah and beniamin choosing him their king by their common svffrages , writes iosephus . ) then king rehoboam sent adoram who was over the tribute ( to excuse saith iosephus , the petulancy of his young tongue , and to appease the mindes of the enraged vulgar : ) and all israel stoned him with stones that he dyed : therefore king rehoboam ( imagining truly , that himselfe was stoned in his servant , and fearing lest the once conceived hatred should be poured out on his own head , tremblingly getting up into his chariot , as hastily as he could ) made speed to flee to ierusalem . s● israel fell away from the house of david unto this day . and it came to passe when all israel heard that ieroboam was come again , that they sent and called him unto the congregation , and made him king over all israel ▪ &c. ( it being so preordained by god , king. . . to . ) loe here the whole congregation , or parliament of israel , if i may so stile it , had full and free power to reject rehoboam from the crown , for refusing to subscribe to their conditions ; to elect ieroboam for their lawfull king , and erect a new kingdome of their owne , divided ever after from that of iudah : which action i shall prove anon to be lawfull , warranted by gods owne divine authority , and no sinne , nor rebellion at all in the people ; who never admitted rehoboam for , or submitted to him as their lawfull soveraigne . so iehu having slain king ioram , ahabs eldest sonne , sent a letter to samaria where his other ▪ sonnes were brought up , to the rulers and elders there , wishing them to lookout the best and meetest of their masters sonnes , and set him on his fathers throne , and fight for their masters bouse : but they being exceedingly afraid , said ; two kings ●ould not stand before him , how then shall we stand ? and sent word to iehu , we are thy servants , and will doe all that thou shalt bid us ; we will not make any king . a clear evidence that the kingdom was then elective , and that they had power to choose the meetest man ( not eldest brother ) for their king . after this , zimri slaying baasha king of usrael , and usurping the crown , the people then encamped about gibbethon hearing of it , that zimri had conspired and also slain the king ; wherefore all israel made omri captain of the host king over israel that day in the campe , who burat zimri in his palace : then were the people divided into two parts : halfe of the people followed tibni to make him king , and halfe followed omri : but the people that followed omri prevailed against the people that followed tibni ; so tibni dyed , and omri reigned , being made king onely by the peoples free election , without any divine designation . so ioash the sonne of ahaziah , when athaliah had usurped the crowne and kingdome of iudah neer seven years space , was made king , anointed and crowned by iehoiadah the high priest , the captaines of hundreds , and all the people of the land , ( who rejoyced at it ) when he was but . yeeres old , and athaliah was apprehended , deposed , and murthered by them as an vsurpresse . so amaziah king of iudah being slain by a conspiracie at lachish , all the people of ivdah tooke vzziah who was but . yeers old , and made him king instead of his father . vzziah king of iudah being smitten with leprosie unto the day of his death , dwelt in a severall house , iotham his son ( in the mean time by common consent ) was over this house , judging the people of the land : ammon king of iudah being slain by his own servants , the people of the land slew all them that had conspired against ammon : and the people of the land made iosiah his sonne king in his stead . and after iosiah his death , the people of the land took iehoahaz the sonne of iosiah and made him king in his fathers stead in ierusalem . from all which sacred texts and presidents ; as likewise from hosea . . they have set vp kings , but not by mee ; they have made princes , and i knew it not ; it is most apparant , that the kings of israel and iudah , were usually elected by , and derived their royall authority from the people , who made them kings , and received not their kingdomes and crowns immediatly from god himself by a divine right : which may be further conmed by the . macab . . . . . after the death of iudas maccabeus ; all iudas his friends came unto ionathan his brother , and said unto him , since thy brother iudas dyed , we have none like to him to goe forth against our enemies : now therefore wee have chosen thee this day to be ovr prince and captain in his stead , that thou maist fight our battells . vpon this ionathan took the government on him at that time . after ionathans death , the people said unto simon his brother with a lowd voyce , mac. . . . thou shalt be our leader instead of iudas , and ionathan thy brother ; fight thou our battels , and whatsoever thou commandest us , wee will doe . and the iewes and priests were well pleased that simon should be their governour , captain , and high priest ; and simon accepted thereof , mac. . . to . hence carolus sigonius de repub. hebraeorum , l. . c. . writes , that the kings of the israelites were created by the suffrages of the people ; that the kingdome of israel was translated to divers families for their idola●ry ; that although the kingdome of iudah were in some sort hereditary , yet it was confirmed by the suffrages of the people ( which he proves by the example of rehoboam and others ) and that they obtained the royall dignity not onely by inheritance , but likewise by the suffrages of the people , as every one may clearly know , who shall but consider the histories of their kings ; which plainly refutes the wild , impudent , false assertion of the author of an appeale to thy conscience , newly published , p. . where thus he writes : observable it is , that thorowout the whole scriptures we read not of any king ( i doubt hee never read the scriptures , else he could not be so grossely mistaken ) that was chosen by the voyce of the people : nor of an aristocracy , that is , where the nobles govern , nor of a democracy , that is where the people govern . and therefore let them consider how they can answer it at the last day , who shall endeavour to change an hereditary kingdome into an elective , or any other forme of government whatsoever : that the people doe properly and absolutely make a king is false , &c. but had this illiterate ignoramus seriously perused the precedent or subsequent texts here cited , with the best commentators on them , or read over advisedly , iosh. . iudges . . c. . . c. . . c. . throughout ; with the books of ezra , nehemiah , iudges , esther , maccabees , the four euangelists touching christs arraignment and death , acts . . . . . and chapters or consulted with iosephus , philo , paul eber , godwin , cunaeus , ●igonius , bertrā , or any others who have written of the jewish antiquities or republike , he could not have had the impudency to have published such grosse untruths , and should have found not onely divers kings in scripture created by the voyce of the people , but an hereditary kingdom oft changed into an elective , yea into an aristocraticall and no royall government ; and an aristocracie and democracy to , even among the jews themselves , whose government before their kings : was meerly aristocraticall , as iosephus antiqu. iud. l. . c. . carolus sigonius de repub. hebr. l. . c. . cunaeus , s●hickardus , bertram , paul eber , and all others that i have seen , except this animal irrationale risibile , punctually determine , they having no kings of their own before saul , nor any after zedekiah . therefore i shall spend no more waste paper to refute this palpable errour , so confidently asserted by parisiticall court doctors , who make no conscience of writing any , though the grossest untruths , which may advance the absolute soveraign arbitrary tyrannicall government of kings , to oppresse and inslave the people . thirdly , that the kings of iudah and israel were no absolute soveraign princes , but took their crown with and upon such divine conditions , for breach whereof they and their posterities were oft times by gods command , just judgement , and speciall approbation deposed , disinherited , destroyed , and the crown translated to other families . this is evident by direct scriptures , deuter. . . to the end . thou shalt in any wise set him king over thee whom the lord thy god shalt chuse ; one from among thy brethren shalt thou set king over thee ; thou maist not set a stranger over thee , which is not thy brother . here is an expresse limitation and condition in respect of the person of the king ; the conditions in regard of his royall administration follow , which are partly negative , partly positive , but he shall not multiplie horses to himself , nor cause the the people to return to egypt , &c. neither shall he multiply wives to himself , that his heart turn not away ; neither shall he greatly multiply to himself silver and gold . and it shall be when he sitteth on the throne of his kingdome , that he shall write him a copie of this law in a book , out of that which is before the priests the levites ; and it shall be with him , and he shall read therein all the dayes of his life , that he may learn to fear the lord his god , to keep all the words of this law , and these statutes to do them ; that his heart be not lifted up above his brethren , and that he turn not aside from the commandment to the right hand or to the left , to the end that he may prolong his dayes in his kingdom , he and his children in the midst of israel . here all the kings of the israelites when their kingdoms should be erected , are strictly bound by god himself to negative and positive conditions , upon performance whereof , they and their children should prolong their dayes in the kingdom , and perpetuate their thrones in the midst of israel , and upon breach whereof they and their posterity should lose both their lives and kingdom to ; as the last clause insinuates , and the subsequent texts in direct terms averre . but what if the king should violate these conditions , might the people lawfully resist him ? iosephus in his paraphrase on this very text , which i shall cite at large , resolves they might ; truely the government of the best me● ( or aristocraticall government ) is best ; and to live in a republike thus administred , nor is there cause why you should desire any other kinde of government , but it is best , that contenting y●●rselves with this , you continue with in the power of your laws and of your selves : but if the desire of a king shall possesse you , let there be none unlesse he be of your stock , and blood , and one to whom justice , with other vertues , are cordiall : he whosoever he shall be , let him attribute more to the lawes and unto god , than to his own wisedome , and let him do nothing withovt the high priests and s●nates advice ; neither may he nourish many wives , nor possesse very much money , and many horses , with the plenty of which things he may easily become a contemner of the laws ; and if he shall addict himself to these things more then is meet , obstandvm est , ne potentior fiat quamrebus vestris expedit , he is to be resisted , lest he become more potent then is expedient for your affairs : so he . yea zuinglius with b. bilson expresly resolve , that the people were bound to resist , question and depose their kings for their idolatry , and breach of these conditions ; and that god himself justly punished them for manasses sins and wickednesse , because they resisted and punished him not for them , as they were obliged to do ; as i have elswhere manifested , to which i shall refer you . this condition most clearly appears in other texts ; as in the sam. , , , , . where when saul the first king of the israelites was crowned at their earnest importunity , against gods and samuels approbation , samuel used these speeches to them , now thereforebehold the king whom ye have chosen , and whom ye have desired , &c. if ye will fear the lord and serve him , and obey his voyce , and not rebell against the commandment of the lord , then shall both ye and also the king that reigneth over you continue following the lord your god. but if ye will not obey the voice of the lord , but will rebell against the voyce of the lord , then shall the hand of the lord be against you , as it was against your fathers , &c. but if ye shall do wickedly , ye shall be consumed both ye and your king. after this saul being distressed by the philistines , weary of staying for samuel , and presuming to offer sacrifice without him , hereupon samuel said to saul , thou hast done foolishly , for thou hast not kept the commandment of the lord thy god , which he commanded thee , for now would the lord have established thy kingdom upon israel for ever ; but now thy kingdom shall not continve , for the lord hath chosen him a man after his own heart , and the lord hath commanded him to be captain over his people , becavse thov hast not kept that which the lord commanded thee . lo here the breach of gods conditions by king saul , forfeited his kingdom , and disinherited his posterity of it . so when he performed not gods command , in utterly destroying amalck , sparing agag and the best of the things ; samuel sharply reprehending him for this offence , said unto him , behold , to obey is better then sacrifice , and to hearken than the fat of rams ; for rebellion ( namely , king sauls rebellion against gods command , not subjects rebellion against their prince , not so much as once dreamed off in this text as court doctors grosly mistake , a●d so miserably pervert this scripture contrary to the sence and meaning , translating it from kings to subjects , from king rebellion against god , to subjects rebellion against men ) is as the sin of witchcraft , and stubbornnesse is as iniquity and idolatry . becavse thou hast rejected the word of the lord , he hath also reiected thee from being king : i will not return with thee , for thou hast rejected the word of the lord , and the lord hath reiected thee from being king over israel ; the lord hath rent the kingdom of israel from thee this day , and hath given it to a neighbour of thine , that is better then thou . also the strength of israel will not lie nor repent , for he is not as men , that he should repent ; ( to wit , of renting the kingdom from him ) though he repented that he had made saul king over israel , because he turned back from following him , and performed not his commandments , sam. . . . after which god said to samuel , how long wilt thou mourn for saul , seeing i have reiected him from reigning over israel ? fill thine horn with oyl , and i will send thee to iesse the bethlemite , for i have provided me a king among his sons ; whereupon he went and annoynted david , who succeeded him in the kingdom , sauls posterity being utterly disinherited for his recited sins . after this when god setled the kingdom upon david and his seed after him , it was upon condition of obedience , and threatning of corrections even by men , if they transgressed : the lord telleth thee , that he will make thee an house ; and when thy dayes be fulfilled , and thou shalt steep with thy fathers , then i will set up thy seed after thee , which shall proceed out of thy bowels , and i will establish the throne of his kingdom for ever ; i will be his father , and he shall be my son ; if he commit iniquity , i will chastise him with the rod of men , and with the stripes of the children of men : ( that is , i will not chasten him immediately by my self , but by men my instruments , even by ieroboam , and his own subjects the ten tribes , or other enemies whom i will raise up against him and his posteritie , kings . , to . ) but my mercy shall not depart away from him , as i took it from saul , whom i put away before thee : and thine house and thy kingdom shall be established for ever before thee : yet still upon condition of obedience , as is most apparent by davids speech to king solomon , chron. . , , , , . and the lord hath chosen solomon my son , to set him upon the throne of the kingdom of the lord , over all israel ; and he said to me , &c. moreover , i will establish his kingdom for ever , if he continue constant to do my commandments , and my judgements , as at this day . now therefore in the sight of all israel , the congregation of the lord , and in the audience of our god , keep , and seek for all the commandmens of the lord your god , that ye may possosse the good land , and leave it for an inheritance for your children after you for ever . and thou solomon my son , know thou the lord god of thy father , and serve him with a perfect heart , and with a willing minde ; for the lord searcheth all hearts , and understandeth all the imaginations of the thoughts , if thou seek him , he will be found of thee , but if thou forsake him , he will cast thee off for ever ; notwithstanding the former covenant and establishment , which was but conditionall , not absolute , as the renting of the ten tribes from his son , and the determining of the very kingdom of iudah it self in zedekiah , ( after which it never returned any more to davids line ) infallibly evidence . hence we read in the kings . that solomons idolatrous wives , turning away his heart from following the lord , and drawing him to commit idolatry in his old age ; hereupon the lord grew angry with solomon ; wherefore the lord said unto him ; for as much as this is done of thee , and thou hast not kept my covenant and my statutes which i have commanded thee , i will surely rend the kingdom from thee , and will give it to thy servant ; notwithstanding in thy dayes i will not do it , for david thy fathers sake ; but i will rend it out of the hand of thy son : howbeit i will not rend away all the kingdom , but will give one tribe to thy sonne , for my servant davids sake , and for jerusalems sake which i have chosen . in pursuance whereof the prophet ahijah rending i●roboams garment into peeces , said to ieroboam , take thee ten peeces , for thus saith the lord the god of israel , behold , i will rend the kingdom out of the hand of solomon , and will give t●n tribes to thee ; becavse that they have forsaken me , and have worshipped the goddesse of the zidonians , &c. and have not walked in my wayes , to doe that which is right in mine eyes , to keep my statuts and my judgements , as did david his father ; howbeit i will not take the whole kingdome out of his hands ; but i will make him prince all the dayes of his life , for david my servants sake whom i chose , because he kept my commandements and my statutes : but i will take the kingdome out of his sonnes hand , and give it unto thee , even ten tribes . and unto his sonne will i give one tribe , that david my servant may have a light alway before me in ierusalem , the city which i have chosen to put my name there . and i will take thee , and thou shalt reigne according to all that thy soule desireth , and shalt be king over israel . ( but what , without any limitation or condition at all think you ? no such matter : ) and it shall be if thov wilt hearken vnto all that i command thee , and wilt walk in my wayes and doe that is right in my sight , to keep my statutes and my commandements , as david my servant did , that i will be with thee , and build thee a sure house , as i built for david , and will give israel to thee : and i will for this afflict the seed of david , but not for ever . loe here both kingdomes of iudah and israel , are given and entailed on david , solomon , and ieroboam onely upon condition of good behaviour ; which not performed , they shall be rent from either : and was this only a vain idle condition , as some deem the covenants and coronation oathes of kings to god and their kingdoms ? surely no , for we read experimentall verifications of them in king rehoboam ; who answering all the people and ieroboam when they came to sechem to make him king , roughly , according to the counsell of the young men , and threatning to adde to their yoake , instead of making it lighter ; and hearkning not unto the people , ( for the cavse was from the lord , that he might perform his saying , which he spake by abijah the shilomite unto ieroboam the sonne of nebat ; ) thereupon , when all israel saw , that the king hearkned not unto them , the people answered the king , saying ; what portion have we in david ; neither have we inheritance in the son of iesse ; to your tents o israel ; now see to thine own house david ; so israel departed to their tents , stoned adoram who was over the tribute , whom rehoboam sent to appease them ; whereupon rehoboam made speed to get him into his chariot to flee to ierusalem ; so all israel fell away from the house of david to this day ; and calling ieroboam unto the congregation , made him king over all israel : there was none that followed the house of david , but the tribe of iudah onely . vpon this revolt , when rehoboam was come to ierusalem , he assembled all the house of iudah , with the tribe of benjamin , an hundred and fourescore thousand chosen men which were warriers to fight against the house of israel , to bring the kingdome again to rehoboam the sonne of solomon ; but the word of god came unto shemaiah the man of god , saying , speake unto rehoboam the sonne of solomon king of iudah , and unto all the house of iudah and benjamin , and to the remnant of the people , saying : thus saith the lord ; yee shall not goe up , nor fight against your brethren the children of israel : return every man to his house , for this thing is done by mee . they hearkned therefore unto the word of the lord , and returned to depart , according to the word of the lord. behold here an experimentall forfeiture of a kingdome , and translation of the major part of it to another family , for solomons idolatry , executed by the peple through gods appointment ; which being fore-threatned in the generall by god himselfe to david , and by david to solomon in case he transgressed , predicted by way of menace to solomon and ieroboam , by god himselfe and his prophets after solomons transgression , executed by the people by gods speciall direction and approbation ; and thus owned and justified by god in the peoples behalfe after the execution , when rehoboam would have made war against them for this revolt , must certainly be acknowledged , not only a ●ust and warrantable action in respect of god himselfe , but likewise of the people , unlesse we will make god himselfe the author and approver of rebellion . by all which it is apparant , that solomon and rehoboam held their crownes onely upon condition from god , the breach whereof might and did forfeit them to the people in some measure : and so did ieroboam too , hold the kingdome of israel newly erected by the people after this revolt , upon the conditions of obedience , already mentioned , which being violated by his setting up calves in dan and bethel , out of an unwarrantable policy to keep the people from returning to rehoboam if they went up to ierusalem to worship ; this thing became sin to the house of ieroboam , even to cut it off and destroy it from off the face of the earth , king. . . for ieroboam committing idolatry with the calves , ahijah the prophet sent him this sharp message by his wife , k. . , , , , . go tell jeroboam , thus saith the lord god of israel , for as much as i exalted thee from among the people , and made thee prince over my people israel , and rent the kingdom away from the house of david , and gave it thee , ye● thou hast not been as my servant david , who kept my commandements , and who followed me with all his heart , to do that onely which was right in mine eyes , but hast done evill above all that were before thee ; for thou hast gone and made thee other gods , and molten images , to provoke me to anger , and hast cast me behinde thy backe ; therefore behold i will bring evill upon the house of ieroboam , and will cut off from ieroboam him that pisseth against the wall , and him that is shut up and left in israel , and will take away the remnant of the house of ieroboam , as a man taketh away dung till it be gone : him that dieth of ieroboam , in the the citie shall the dogs eat , and him that dieth in the field shall the fowls of the ayre eat , for the lord hath spoken it . moreover , the lord shall raise him up a king over israel , who shall cut off the house of ieroboam in that day . neither was this an unexcuted commination , for ieroboam dying , and nadah his sonne succeeding him both in his kingdom and idolatries , wherewith he made israel to sinne , baasha ( by gods just judgement ) conspired against him , slew him , reigned in his stead ; and when he reigned he smote all the house of ieroboam , so that he left not to him any that breathed ; according to the saying of the lord which he spake by his servant abijah ; because of the sins of ieroboam which he sinned , and which he made israel sin , by his provocation wherewith he provoked the lord god of israel to anger . after which baasha walking in the wayes and sins of ieroboam notwithstanding this exemplary judgement of god on him and his posteritie , the word of the lord came to iehu sonne of hannani , against baasha , saying , forasmuch as i exalted thee out of the dust , and made thee prince over my people israel , and thou hast walked in the way of ieroboam , and hast made my people of israel to sinne , to provoke me to anger with their sins ; behold , i will take away the posterity of baasha , and the posteritie of his house , and will make his house like the house of ieroboam the son of n●bat ; him that dieth of baasha in the city shall the dogs eate , and him that dieth in the field shall the fowls of the ayre eate : which judgement was actually executed upon his evill sonne king elah , whom zimri the captain of his chariots slew , as he was drinking himself drunk in the house of arza steward of his house , and reigned in his stead ; and assoon as he sat in his throne , he slew all the house of baasha , he left him none that pissed against the wall , neither of his kinsfolks , nor of his friends . thus did zimri destroy all the house of baasha , according to the word of the lord , which he spake against baasha , by iehu the prophet , for all the sinnes of baasha , and the sins of elah his son , by which they sinned , and by which they made israel to sinne , in provoking the lord god of israel to anger witb their vanities . king om●i and ahab his sonne going on in the sinnes of ieroboam , serving baal to boot , persecuting gods prophets , putting naboth most injuriously to death for his vineyard , by iezabels instigation , and setting himself to work evill in the sight of the lord , above all that were before him : hereupon the prophet elijah tells him , thus saith the lord , behold , i will bring evill upon thee , and will take away thy posterity , and will cut off from ahab him that pisseth against the wall , and him that is shut up and left in israel , and will make thine house like the house of ieroboam the son of nebat , and like the house of baasha the sonne of ahijah , for the provocation wherewith thou hast provoked me to anger , and made israel to sinne : and of iezabel also spake the lord , saying , the dogs shall eat iezabel by the wall of iezreel ; him that dieth of ahab in the city the dogs shall eat , and him that dieth in the field shall the fowls of the ayre eate . neither was this a vain threatning , for ahab being slain at ramoth gilead , the dogges licked up his blood in the place where they licked the blood of naboth ; and iehoram his son succeeding him , both in his throne and sins , god himself annoynted iehu king over israel , of purpose to execute this his vengeance against the house of ahab and iezabel ; who in execution thereof slew both king iehoram , ahaziah king of iudah , iezabel , and all ahabs sons and posteritie , his great men , nobles , with all the priests and worshippers of baal , till he left none of them remaining : for which severe execution of gods iustice , the lord said unto iehu , because thou hast done well in executing that which is right in mine eyes , and hast done unto the house of ahab according to all that was in mine heart , thy children of the fourth generation , shall sit on the throne of israel . which action of iehu being thus specially commanded , commended , and remunerated with such a temporell reward by god himself , must questionlesse be lawfull , and no treason nor rebellion in iehu , unlesse we will charge god to be both the author , approver and rewarder of those sinnes . after this iehu walking in the sins of ieroboam , though god deprived him not for it , yet he stirred up hazael to spoil and waste his countrey , during all his reigne , and the reigns of king iehoahaz his son and ioash his granchilde , who succeeded him in his idolatries ; and zechariah the last king of iehu's race , going in his ancestors sinnes , was slain by shallum , who reigned in his stead . shallum , pekahiah , and pekah three wicked idolatrous kings of israel , were by gods just judgement , successively s●ain one of another , and by hoshea . so that all the kings of israel , who violated gods covenants and conditions annexed to their crowns , did for the most part lose their lives , crownes , and underwent the utter extirpation of their po●●erities , being totally cut off by the sword , neither succeeding their parents in their crowns nor inheritances . and though the royall crown of iudah continned in davids line till the captivity of zedekiah , the last king of his race ; yet when ever they infringed the conditions which god annexed to their crownes , and turned idolaters or flagitious persons , god presently ( by way of revenge ) either brought in forraigne enemies upon them , which mastered , conquered them , and sometimes deposed and carried them away captives , or made them tributaries , as the examples of king rehoboam , afflicted by shishak king of aegypt , for his sinnes and ●dolatry , and by ieroboam all his dayes ▪ of ahijam , iehoram , ahaziah , ioash , amaziah , ahaz , manasseh , iehoahaz , iehoiakim , iehoiachin , and zedechiah , ( whose histories , troubles , captivities and punishments you may reade at large ) with others witnesse : or else caused their own servants , subjects , enemies to rise up against them , to slay them , as is evident by king ahaziah , ioash ; amaziah , ammon , and others . all which are unanswerable evidences and experimentall demonstrations , that the kingdoms of iudah and israel were both held of god upon conditions , and that for the breach of these conditio●s they might be , and oft times were ( by gods iustice on them ) both lawfully deprived of their crownes , and their posterities , disinherited , yea , totally cut off for ever ; and in conclusion , both these most eminent kingdoms , for the sins of kings and people , were invaded , destroyed , and both kings with people carried away captives by their enemies , into forraigne countries , from whence the whole nation never afterwards returned , nor ever after attained to a king and kingdom of their own : so fatall is it for kings , or kingdoms to break those covenants , laws , conditions which god himself hath prescribed them ; and so far are any kings from being exempted from all laws , and left at libertie to do what they please , that the breach of them proves destructive to them and theirs . i shall onely adde to this by way of corollary , that all the israelites rulers , kings , people did joyntly and severally for themselves for the whole nation in generall , and every of them in particular , frequently enter into solemn vowes and covenants with god , to serve the lord , to be and conttnue his people ; to seek the lord god of their fathers with all their heart , and with all their soul ; that whosoever would not seek the lord god of israel , should be put to death , whether small or great , whether ma● or woman , ( not the king or queen excepted ; ) and they sware unto the lord with a loud voice , and with shouting , and with trumpets , and with cornets , and all rejoyced at the oath , for they had sworn with all their hearts . witnesse the covenant made by ioshua and all the people , to serve the lord ; by samuel , saul , and all the people at sauls coronation , and by king asa and all his people , to seek the lord , &c. ( who in pursuance thereof removed his mother maacha from being queen , because she had made an idol in a grove , and cut down her idol , and stampt it , and burnt it at the brook kidron , chron. . . of king david , solomon , and all the people at solomons coronation ; between king iehoash , iehoiada and all the congregation at his inauguration , that they should be the lords people : in pursuance whereof all the people went to the house of baal , and brake it down , and brake his altars and images in pieces , and slew mattan the priest of baal before the altars ; between hezekiah and all his subjects and god ; between iosiah and all that were present in ierusalem and benjamin and gad , who made a covenant before the lord , to walk after the lord , and to keep his commandments , and his testimonies , and his statutes , with all their heart , and with all their soul , to perform the words of the covenant formerly written in the book of the covenant that was found in the house of the lord ; in execution whereof iosiah tooke away all the abominations out of all the countrey that pertained to the children of israel , and made all that were present in israel to serve the lord their god , and not to depart from following the lord god of their fathers all his dayes : together with the like solemne publike covenants made by ezra , nehemia● and all the people unto god ; which covenant the princes , levites , priests and all the people sealed , and entred into a curse and into an oath to walk in gods law , and to observe and doe all the commandments , judgements and statutes of the lord , &c. and that god himself expresly commanded them , that if any prophet or dreamer of dreams , or thy brother or son of thy mother , or thy daughter , or the wife of thy bosom , or thy friend which is as thine own soul , should secretly intice them to commit idolatry , or serve other gods , they should neither consent nor hearken to , nor pitty , nor spare , nor conceal him , but shalt surely kill him ; thy hand shall be first upon him to put him to death , and after the hand of all the people , and thou shalt stone him with stones , that he die , onely for this secret inticement to idolatry : and all israel shall hear , and fear , and do no more such wickednesse as this is . and if they should hear , that the inhabitants of any city were seduced to serve other gods , tben they must diligently search and inquire after it ; and if it be truth and the thing certain , that such abomination was wrought among them , then they shall surely smite the inhabitants of that city with the edge of the sword , destroying it utterly , and all that is therein , and the cattell thereof with the edge of the sword ; and gather all the spoil of it into the midst of the street thereof , and burn the city with all the spoile thereof every whit for the lord their god , and it shall be an heap for ever , and shall not be built again : in pursuance whereof the ten tribes and a half , assembled to warre against the reubenites , gadites , and half tribe of manasseh , for their supposed idolatrous alter ; and all the children of israel assembled together as one man , and made warre against the men of gibeah and the benjamites , for not punishing the grosse rape of the levites concubine , destroying the city utterly , and the tribe of benjamin too welnigh . and upon this ground , the city of libnah revolted from under the hand of iehoram the idolatrous king of iudah , because he had forsaken the lord god of his fathers . and as some learned men conceive the people made a conspiracie against king amaziah in ierusalem , and he fled to lachish , but they sent after him to lachish and ●lew him there ; not privately but openly , as acted by publike authoritie , consent , and meditated deliberation , not out of any private hatred , but for his impietie , whereby he violated the chiefest part of his oath and covenant ; whereupon we read not of any complaint , or inquisition , or proceedings , or punishment inflicted on those that slew him after his death , either by the people , or his children , as there was upon those who slew king ammon ; but being slain , they brought him back on horses , and he was buried at ierusalem with his fathers in the citie of david , out of reverence to his royall dignity and family ; and all the people of iudah took azariah , and made him king in stead of his father amaziah ; which plainly shewes , that what was formerly done by the greater part of the states at ierusalem , was afterwards confirmed by common consent , as done upon a just cause , and executed by command of those who might lawfully doe it . whence they conclude , that the orders or states of the people of israel had right to chuse what king they would themselves , out of the family of david ; and being elected ▪ afterward to correct and punish him as there was cause : that they were obliged by this covenant made to god , both to reprehend , resist , oppose , yea , depose , if not put to death their king for his open incorrigible idolatries and sins , by common consent , as their king was obliged to punish and put them to death for their idolatries and crimes , their kings being included within their covenants ; and gods inhibition of idolatry under pain of capitall punishments , extending to kings , as well as others , if not more then to any , because their examples were most pernicious ; and they were as far forth bound by their joynt covenants made to god with their kings to hinder their kings from , and to proceed against them for their idolatries , as their kings were to impedite and punish them for their breach of covenant , and because god himself did punish them for their kings idolatries , as is evedent by ier. . , to . and the history of the kings , and chronicles every where , which god would not in justice have done , had not the people both just right and power to resist , hinder , censure , punish , depose their kings by publike consent of the state and people for their idolatries and breach of covenant , as zuinglius , stephanus iunius brutus , the author of the treatise de iure magistratus in subditos , with others , prove at large , and master calvin , yea bishop bilson himself , assents to . such a soveraign power had the whole state and congregation of israel and iudah over their kings themselves , whose estates in their crownes and kingdoms by gods own institution , was not absolute , but onely conditionall , and subject unto forfeiture , upon breach of these covenants and conditions by which they did injoy them . fourthly , the kings of iudah and israel were no absolute soveraign princes paramount their whole kingdoms , the generall co●gregation of the people , senate or sanhedrin , but inferiour to them in power , and not onely counselled , but over-ruled usually by them in matters of publike concernment : this is evident not onely by iosh. . . to . and iudges . and . where the whole congregation of israel , as the soveraign power , in the dayes of ioshua and the iudges assembled about the great causes of the reubenites , gadites , and half● the tribe of manasseh , concerning their altar , and of the gibeonites and benjamites , concluding both matters of publike war and peace ; but likewise by the peoples rescuing ionathan out of the hands and power of king saul his father , that he died not , though saul had twice vowed that he should be put to death , sam. . . to . and the people said unto saul , shall ionathan die who hath wrought this great salvation in israel ? god forbid ; as the lord liveth there shall not one hair of his head fall to the ground , for he hath wrought with god this day : so the people rescued ionathan that he died not . by the chron. . . to . where thus we reade : and david consulted with the ca●tains of thousands and hundreds , and with every leader , and david said unto all the congregation of israel , if it seeme good unto you , and that it be of the lord our god , let us send abroad unto our brethren every where that are left in all the land of israel , and with them also to the priests and levites which are in their cities and suburbs , that they may gather themselves unto us ; and let us bring again the ark of our god to us , for we enquired not at it in the dayes of saul . and all the congregation said , that they would do so , for the thing was right in the eyes of all the people . and david went up and all israel to baalah , to bring up thence the arke of god the lord. compared with the samuel . , , . where when david sent out the people to battell against absalon under three commaunders , the king said unto the people , i will surely goe forth with you my selfe also : but the people answered , thou shalt not go forth ; for if we flee away , they will not care for us , neither if halfe of us die will they care for us ; but now thou art worth ten thousand of us , therefore now is better that thou succour us out of the citie : and the king said unto them , whatsoever seemeth you good that i will doe ; and thereupon stayed behinde in the city , as they advised him . so he likewise followed ioabs advice , to go forth and sit in the gate , and speak comfortably to the people after his mourning for absalons death , else not one of the people would have tarried with him that night , samuel . . . to . and by this means all the people came before him though they had formerly fled every man to his tent ; and he so engaged them to him , that all the people were at strife thorowout all the tribes of israel , to bring the king back again to gilgal , whence absalon had chased him . adde to this the kings . . to . and chron. c. . and . where we finde , that after solomons death , all israel came to sechem to make rehoboam king ; and all the congregation of israel spake unto rehoboam , saying , thy father made our yoak grievous , now therefore make thou the grievous service of thy father , and his heavy yoak which he put upon us , lighter , and we will serve thee . and he said unto them , depart ye for three dayes , and then come again ; and the people departed . in the mean time he consulted first with the old men , after that with the young men about him , what answer he should return ; who giving contrary advice , ieroboam and all the people coming to him again the third day , the king answered the people roughly , after the counsell of the young men , saying , my father made your yoke heavy , and i will adde to your yoke ; my father chastised you with whips , but i will chastise you with scorpions : so when all the people saw that the king hearkned not to them , the people answered the king , saying , what portion have we in david ? neither have we inheritance in the son of iesse , to your tents ô israel ; now see to thine own house david : so israel departed to their tents , and fell away from the house of david unto this day : and all israel called ieroboam unto the congregation , and made him king over all i●rael : and the text expresly addes this memorable observation , wherefore the king h●●rkned not unto the people , for the cause was from the lord , that he might p●rform his saying , which the lord spake by abijah the shilonite to ieroboam the son of nebat● where we see the kings not hearkning to the people and congregation of israel in their just request , and giving them an harsh answer , was a sufficient ground and occasion for them , to cast off his government , and elect another king to reign over them , and that with divine approbation from god himself : such was the whole people● and congregations soveraigne power over their kings . we reade in the kings . . to . that when benhadad king of syria gathered a great host , and sent to a●ab king israel , to resign up all his silver , gold , wives , children , and pleasant things into the hand of his servants : then the king of israel called all the elders of the lan● , and ●aid , heark , i pray you , and see how this man seeketh mischief , for he sent unto me for my wives and for my children , for my silver , and for my gold , and i denyed him not : and all the el●ers , and all the people , said unto him , hearken not unto him , nor consent . wherefore he said unto the messengers of benhaded , tell my lord the king , all that thou didst send for to thy servant at first , i will do , but this thing i may not do . where the elders and people both advise and over-rule the king in this matter of great importance both to the kingdom and k●ng , who returned no answer to this publike case without the congregations publik advise . so hezekiah king of iudah sent to all israel and iudah , and wrote letters also to ephraim and manasseh , that they should come to the house of the lord at ierusalem , to keep the passeover unto the lord god of israel ; for hezekiah had taken counsell , and his princes , and all the congregation in ierusalem , to keep the passeover in the second moneth , for they could not keep it at that time , because the people had not sanctified themselves sufficiently ; neither had the people gathered themselves together at ierusalem ; and the thing pleased the king and all the congregation , so they established a decrée , to make proclamation throughout all israel , from bersheba even to dan , that they should come to keep the passeover unto the lord god of israel at ierusalem , for they had not done it of a long time , in such sort as it was written . so the posts went with the letters from the king and the princes , throughout all israel , and iudah , &c. vers . . also in iudah the hand of god was to give them one heart to doe the commandement of the king and of the princes , by the word of the lord ; and vers . . and the whole assembly took counsell to keep other seven dayes ; and they kept other seven dayes with gladnesse ; and all the congregation of iudah and israel rejoyced : vers . . when all this was finished all israel that were present , went to the cities of iudah and brake the images in pieces and cut down the groves , and threw downe the high places and the altars out of all iudah and benjamin , in ephraim also and manasseth , untill they had utterly destroyed them all . then all the children of israel , returned every man to his possession into their owne city : in the chron. . . when hezekiah saw that senacherib was come , and that he was purposed to fight against ierusalem ; he took councell with his princes and his mighty men , to stop the waters of the fountaine which were without the city , and they did help him , and there was gathered much people together , who stopped all the fountaines , &c. adde hereunto that notable text , ier. . . to . where when the prophet ieremy had prophecied , that ierusalem should be given into the hands of the king of babylons army which should take it ; therefore the princes hereupon said unto the king ; we beseech thee , let this man be put to death ; for thus he weakneth the hands of the men of warre that remain in this city , and the hands of all the people , in speaking such words unto them ; for this man seeketh not the welfare of this people , but the hurt : then zedechiah the king said ; behold he is in your hand ; for the king is not he that can doe any thing against you . and ier. . . to . now it came to passe when ieremiah had made an end of speaking all that the lord had commanded him to speake unto all the people , that the priests , the prophets , and all the people tooke him , saying ; thou shalt surely dye , &c. so ezra . . to . there assembled unto ezra , a very great congregation of men , &c. and they said unto ezra , we have trespassed against our god , and have taken strange wives of the people of the land ; yet now there is hope in israel concerning this thing . now therfore let us make a covenant with our god to put away all the strange wives , &c. and let it be don according to the law : and all i●rael said that they would doe according to this word . and they made proclamation throughout iudah and ierusalem unto all the children of the captivity , that they should gather themselves unto ierusalem ; and that whosoever would not come within . dayes according to the councell of the princes and the elders , all his substance should be forfeited , and himselfe seperated from the congregation of those that had been carryed away : then all the men of iudah and benjamin gathered themselves together unto ierusalem , within three dayes , and all the people sate in the street of the house of god trembling , hecause of this matter and for the great raine . and ezra the priest stood up and said unto them , ye have transgressed and taken strange wives to encrease the trespasse of israel ; now therefore make confession unto the lord god of your fathers , and doe his pleasure , and seperate your selves from the people of the land , and from the strange wives . then all the congregation answered , and said with a l●wd voyce ; as thou hast said , so must we doe ; but the people are many , and it is a time of much raine , and we are not able to stand without , neither is this a worke of one day or two ; for we are many that have transgressed in this thing : let now our rulers of all the congregation stand , and let them which have taken strange wives in our cities , come at appointed times , and with them the elders of every city and the iudges thereof , untill the fierce wrath of our god for this matter , be turned from us : and the children of the captivity did so . where we see the whole congregation determine and direct all that was done in this grand common businesse : and esther . . to . the iewes ( upon mordecaies and esthers letters , after the slaughter of their enemies ) ordained and took upon them and upon their séed , and upon all such as joyned themselves unto them , so as it should not faile , that they would keep the . and . day of the month adar , and make it a day of feasting and gladnesse , according to their writing , and according to their appointed time every yeare : and that these dayes should be kept and remembred thorowout every generation , every family , every province , and every city , and that these dayes of purim should not faile from among the iewes , nor the memoriall of them perish from their seed : and the decree of esther confirmed those mater of purim , as they had decreed for themselves and their séed . from all these texts ( compared with prov. . . c. . . c. . . ) it is most apparant : that the kings of iudah and israel were no absolute soveraigne princes paramount their whole kingdomes , or the generall senate and congregation of the people , or their sanhedrin , but inferiour to them in power ; and not onely counselled but over-ruled usually by them , in all matters of publike concernment . a truth so pregnant , that bp. bilson himself from some of these texts confesseth , that it is a question among the learned ; what soveraignty the whole people of israel had over their kings ; and that these scriptures have perswaded some , and might lead zuinglius to thinke , that the people of israel , notwithstanding they called for a king , yet reserved to themselves sufficient authority to over-rule their king , in those thiugs which séemed expedient and néedfull for the publike well-fare , else god would not punish the people for their kings iniquity , which they must suffer and not redresse . hence that eminent ●ew iosephus ( a man best acquainted of any , with his owne nations antiquities , lawes , and the prerogatives of their kings ) resolves in direct termes ; that their king , whosoever he were , ought to attribute more to the lawes , and to god , then to his own wisdome , aud to doe nothing without the advice of the high-priest and senate ; and that if he multiplyed horses , and many more then was fitting they might resist him , lest he became more potent then was expedient for their affaires . hence petrus cunaeus de repub. hebr. l. . c. . p. . . writes thus of the sanhedrin or parliament among the iewes . thus the prophets , who grievously offended , were no where else punishable but in this assembly ; which ( quod summae petestatis est ) as it is an argument of the supremest power ) did both constitute the king : ac de bello gerendo deque hostibus profligandis & de proferend● imperio deliber ab●ut . sed quoniam haec ejusmodi erant in quibus salus omnium , & summae reipublicae vertebatur , consultatum de his plerumque cum populo est ; indictaeenim comitiae sunt , in quibus solis populus partem aliquam caperet regendae reipublicae , &c. de rege igitur deque bello , ut dixi , decretafacta interdum populi auctore sunt . caetera omnia senatores sanhedrin per se expe●ivere . so that the sanhedrin and congregation of the people were the highest soveraigne power , and principall determiners of publike matters concerning warre and peace , by cunaeus his resolution : who debating this weighty controversie , what the scepter of iudah was ( prophesied of gen. . . ) and what and whose the majesty of the empire was ? determines thus . i suppose the scepter to be nothing else , but the majesty of the empire or government , to wit that , qnae ipsi reipublicae assidet , which belong● to the republike it selfe . wherefore whos 's the republike is , the scepter ought to be said theirs . now the hebrew republike from moses his time till the kingdome of rehoboam , was not of the iewes ( or tribe of iudah ) but of the twelve tribes , from whence it followes , that even the scepter for all those times was of all the israelites . now of this scepter , which was long common to all the twelve tribes , the divine patriarke spake not in that most famous oracle : for he looked at latter yeares , and future ages , when as the tribe of iudah , the people being divided into contrary parts , began to have its republike apart from the israelites , which god approved and loved ; and would have to be called iewish , from the tribe of iudah alone , untill hee ( to wit christ ) should be given to the assemblies of men , to whom not onely the empire of the iewes , but gentiles also was destinated . and verily this majesty of the scepter , from the time it once began to be of the iewes , we say continued to be theirs , although the state of the commonweale was sometimes changed , and the soveraignty of the empire was sometimes in the elders and high priests , sometimes in the kings and princes . they doe too foolishly , who here dance in a narrow compasse , and suppose that the honour of this name appertaines not but to kings ? for what people soever , useth its owne republike and its lawes , is recte glor●ari de imperio deque sceptro potest , it may rightly boast of its empire and scepter . it is recorded , that at ierusalem even at that time , when not the princes but the elders governed the people , in the midst of the great councell , which they called the sanhedrin , there hung a scepter , which thing verily was a certain ensign of its majesty ; which marcus tullius in a particular oration , saith , esse magnitudinem quandam populi , in ejus potestate ac jure retinendo , quae vertitur in imperio , atque omnis populi dignitate . not kings , not princes , but consuls and the senate managed the roman common-wealth ; whence this law of truce was given to the aetolians , which livy reports , that they should conserve the majesty of the people of rome without mal-engin : and the very same thing was commanded all free people , who by any league , but not 〈◊〉 would come into the frindship of the romanes , as proculus the lawyer witnesseth , in l. . f. de captiu : & post. reversis . neither think we it materiall to our purpose , of what nation or tribe they were , who moderated and ruled the iewish affaires ; for although the hasmonaean l●vites held their kingdome for many yeeres , yet the republike was of the iewish people . that most wise master seneca said to nero caesar , that the republike was not the princes , ( or of the prince ) but the prince the republikes . neither verily was the opinion of vlpian the lawyer otherwise ; for he at last saith , that that is treason , which is committed against the roman people , or against their safety , l. . s. . f. ad legem iul. maj●st . now vlpian lived in those times , when the people had neither command nor suffrages left them , but the emperours held the empire and principality ; and yet he who is wont most accurately to define all things , saith , that majesty is of the people ; from all which it is apparant , that not onely in the roman empire and other kingdomes , but even among the iewes themselves ; the majesty , and soveraign power , and scepter resided not in the kings , but in the whole state and people . hence will. schickardus in his ius regium hebraeorum , argent . . p. . determinesthus . the state of the iewish kingdome was not monarchicall ( as our court doctors falsely dream ) but mixt with an aristocracie for the king without the assent of the sanhedrin could determine nothing in great causes . they constituted not a king but in it , &c. attributing the soveraignest power to the congregation and sanhedrin , who had power to create , elect , and in some cases to resist , and depose their kings . hence huldericus zuinglius writes expresly , that the kings of the iewes and others , when they dealt perfidiously , contrary to the law of god and the rule of christ , might be lawfully deposed by the people . this the example of saul manifestly teacheth , whom god rejected , notwithstanding he had first elected him king : yea , whiles wicked princes and kings were not removed , all the people were punished of god ; as is evident by ier. . . to . where they were punished with four judgements and plagues for manassehs sinnes . in summe , if the iewes had not permitted their king to be so wicked without punishment , they had not beene so grievously punished by god. by what means he is to be removed from his office , is easily to conjecture ; thou maist not slay him , nor raise any war or tumult to do it , but the thing is to be attempted by other means , because god hath called us in peace , cor. . if the king be created by common suffrages , he may again be deprived by common votes , unlesse they will be punished with him ; but if he be chosen by the election and consent of a few princes , the people may signifie to them the flagitious life of the king , and may tell them , that it is by no means to be endured , that so they may remove him , who have inaugurated him . here now is the difficulty for those that do this , the tyrant will proceed against them according to his lust , and slay whom he pleaseth ; but it is a glorious thing to die for justice and the truth of god ; and it is better to die for the defence of justice , then afterwards to be slain with the wicked by assenting to injustice , or by dissembling , those who cannot endure this , let them indure a lustfull and insolent tyrant , expecting extream punishment together with him ; yet the hand of the lord is stretched out still , and threatneth a stroke : but when with the consent and suffrage of the whole , or certainly of the better part of the multitude a tyrant is removed , deo ●it auspice , it is done by god approbation . if the children of israel had thus deposed manasseh , they had not been so grievously punished with him . so zuinglius . hence stephanus iunius brutus in his vindiciae contra tyrannos , in answer to machiavels princeps ( a most accursed mischievous treatise ) and justification of the protestants defensive wars in france to preserve their religion and liberties . anno . determines positively , that as all the people are superiour to the king , so are those officers of state and parliaments , who represent them , superiour to kings collectively considered , though every of them apart be inferiour to them . in the kingdom of israel , which by the judgement of all polititians was best instituted , by god , there was this order , the king had not onely private officers who looked to his family , but the kingdom likwise had elders and captains elected out of all the tribes , who had the care of the commonweale both in time of peace and war , and likewise their magistrates in every town , who defended their severall cities , as the others did the whole kingdom . these when ever they were to deliberate of greatest affairs , assembled together , neither could any thing be determined without their advice , which much concerned the commonwealth : therefore david called these all together when he desired to in v●st solomon in the kingdom , when he desired the policy restored by him should be examined and approved , when the ark was to be reduced , &c. and because they represented all the people , all the people are then said to have assembled together . finally , the same rescued ionathan , condemned to death by sauls sentence ; from whence it appears , that an appeale lay from the king to the people : but from the time the kingdome was divided , through the pride of rehoboam , the synedrin of ierusalem consisting of men , seems to be of that authoritie , that they might judge the king in their assembly , as well as the king judge them when they were apart . the captain of the house of iudah was president over this assembly , that is , some chief man chosen out of the tribe of iudah , as even the chief man for the city ierusalem , was chosen out of the tribe of benjamin : this will be made more evident by examples . ieremie being sent by god to denounce the overthrow of the city ierusalem , is for this , first condemned by the priests and prophets , that is , by the ecclesiasticall judgement or senate ; after this , by all the people , that is , by the ordinary iudges of the citie , to wit , by the captains of thousands and hundreds ; at last by the princes of iudah , that is , by the men sitting in the new porch of the temple , his cause being made known , he is acquitted . now they in that very judgement expresly condemn king iehoiakim , who a little before had most cruelly slain the prophet uriah , threatning like things . also we reade elsewhere , that king zedekiah , did so much reverence the authoritie of this sanhedrin , that he durst not free the prophet jeremie , thrust by these men into a filthy prison , but likewise scarce dared to translate him into the court of the prison from thence ; yea , when they perswaded him to consent to jeremiah his death , he answered , that he was in their hands , and that he could not contradict them in any thing ; yea , he fearing lest they should enquire into the conference which he privately had with ieremie , as if he were about to render an account of the things which he had spoken , forgeth a lie . therefore in this kingdom the states or officers of the kingdom were above the king ; i say , in this kingdome which was instituted and ordaintd , not by plato or aristotle , but by god himself , the author of all order , and the chiefe institutor of all monarchy● such were the seven magi in the persian empire , the ephori in the spartan kingdom , and the publike ministers in the egyptian kingdome , assigned and associated to the king by the people to that onely end , that he should not commit any thing against the lawes . thus , and much more this author , together with con. super antius vasco , who published this treatise to all pious and faithfull princes of the republike , giving large encomiums of its worth ; as also the author of the treatise de iure magistratus in subditos . p. , , , . , to . whose words for brevity i pretermit ; bp. bilson in his forecited passages : and hugo grotius de iure belli & pacis , l. , c , . sect . . p. , . where he confesseth , that if the king of the israelites offended against the lawes written concerning the office of a king , he was to be scourged for it ; and that the sanhedrin had a power above their king in some cases . finally , the kings of israel and iudah were not superior to , nor exempted from the lawes , but inferiour to and obliged by them , as well as subjects : this is evident , not onely by the premises , but by sundry impregnable texts , as deut. . . . . where god himselfe in the very description of the office and duty of their king , prescribes this in direct termes , as a part of his duty . and it shall be when he sitteth on the throne of this kingdome , that he shall write him a copy of this law in a booke , out of that before the priest● and levites : and it shall be with him , and he shall read therein all the dayes of his life , that he may learn to feare the lord his god , to kéep all the words of the law , and these statutes to doe them , that his heart be not lifted up above his brethren ; and that he turn not aside from the commandement , to the right hand or to the left : seconded by iosh. . . this booke of the law , shall not depart out of thy mouth , but thou shalt meditate therein day and night ; that thou maist observe to doe according to all that is written therein : turne not to it from the right hand , or to the left , for then thou shalt make thy way prosperous , and then thou shalt have good successe . hence it was , that as soon as ever saul was elected and made king by samuel and the people , he being the first of their kings ) samuel told the people the manner of the kingdom , and wrote it in a booke , and laid it up before the lord : which booke , contained not the exorbitances and oppressions that their kings would exercise over them , mentioned in the sam. . . to . as iosephus mistakes ; but as petrus curaeus and others more rightly observe , the law of god concerning kings , prescribed by him , deut. . . to the end ; and such lawes which commanded kings to use iustice and equity ; to govern the common-wealth well , for the peoples benefit ; to abstaine from fornication and lusts ; to retain modesty in a great fortune , &c. hence samuel enioyned both saul and the people , to feare the lord , and serve him , and obey his voyce , and follow him , and not rebell against his commandement , &c. sam. . , . . to . hence king david did alwayes meditate in the law of god , day and night , accounting it more deare unto him then thousands of gold and silver : and withall pronounceth from gods own mouth ; the god of israel said , the rocke of israel spake to me , he that ruleth over men must be just , ruling in the feare of god. hence the qu. of sheeba used this speech to king solomon , because the lord loved israel for ever , therefore made he thee king ( what ? to domineere at his pleasure ? no verily , but ) to doe iudgement and iustice. vpon this ground , king iosiah made a covenant before the lord , to walke after the lord , and to kéep his commandements , and his testimonies and his statutes with all his heart , and with all his soul ; and king asa , with other princes and governors did the like , as the premises evidence : from all which , and infinite other scriptures , obliging kings to reign in righteousnesse , to doe justice and judgement to all , and reprehending them exceedingly for their injustice , tyranny , oppressions , idolatries , and other sinnes ; it is i●●efragable ; that their kings were as much , if not more obliged to keep both gods and the kingdomes lawes , as the subiects ; and had no arbitrary power to doe what they pleased . all that is , or can be colourably obiected to the contrary , to prove the kings of israel absolute monarchs , exempt from lawes , and paramount their sanhedrin or people collectively considered , is , first , that passage of psal. . . where king david confessing his sinnes of adultery and murther to god , useth this expression ; against thee , thee onely have i sinned , and done this evill in thy sight : of which hierom renders this reason , quod rex erat & alium non timebat : alium non habebat super se : which ambrose thus seconds , rex erat , nullis ip●e legibus tenebatur , quia liberi sunt reges a vinculis delictorum : neque enim ullis ad poenam vocantur legibus , tuti imperii potestate , homini ergo non peccavit , cui non tenebatur obnoxius arnobius & cassiodor , adde , de populo si quis erraverit , & deo peccat & regi : quando rex delinquit , soli deo reus est : merito ergo rex , deo tantum se dicit peccasse ; quia solus erat qui ejus potuisset admissa discutere . the like we finde in isiodor . epist. . which some iewish rabbins back with this saying of barnachmon , titulo de iudicibus nulla creatura judicat regem , sed deus benedictus : therefore the iewish kings were above all lawes , and not subiect to the censures of their congregations , states , or sanhedri● . to this i answer first , that no doubt , david by his adultry and murther ( being sinnes against the second table ) did sinne not onely against god , but against vriah and his wife too , their children and kinred ; yea against his own soule and body , though he were a king ; that of iustus eccardus , de lege regia , being an irrefragable truth , granted by all lawyers and divines whatsoever , that the absolutest emperors , monarchs , kings , that be , are subject to the lawes of god , of nature , of nations , and cannot justly doe any thing against them to the hurt of pietie , chastity , fame , life , or what is contrary to good manners . secondly , no doubt every king is bound in conscience by the law of god and man , to give satisfaction and recompence to his subiects against whom he sinneth in this nature , as david himselfe determines in this his own case , sam. . , , . thirdly , for this very sin against vriah god threatens , that the sword should never depart from davids house ; that hee would raise up evil against him out of his own house , that be would take his wives before his eyes and give them unto his neighbour , who should lye with them in the sight of the sunne , before all israel , sam. . , , . which was actually fulfilled in and by absalom his sonne , sam. . . the glosse therefore of these fathers , that david was exempt from all lawes being a king , and that he could not sinne against a subject , is point-blank against the history , and text it selfe ; and manifested to be apparantly false by all the premised scriptures and authorities . fourthly , the true reason of this speech of david , against thee , thée onely have i sinned , and done this evill in thy sight , as augustine and others truly observe was : . because david had plotted and contrived the murther of vriah , and abusing of his wife so closely , that no man did or could take notice of it ; whence nathan the prophet tells him , sam. . . thou didst it secretly , but i will do this before all israel : sed forte erat quod homines latebat , & non inveniebant illi quod erat quidem , sed mani● estum none erat , writes augustine : . because vriah being slain , and his wife a party consenting to davids sinne , his sinne now might in this sence he said , to be against god alone . . sinne , quatenus sinne , and as it deserves eternall punishment , is properly committed against none but god , whose law and prohibition only makes it sinne ; therefore in this regard , david now confessing his sinne to god himselfe , useth this expression and rhetoricall ingemination , against thee , thee only have i sinned . . because none was free from sinne , and so fit to be his judge in that respect but god onely . . only , is many times taken for principally or especially ; as we usually say , such a one is the onely man ; such a salve or medicine , is the onely remedy ; and the scripture useth this phrase in this sence in davids owne ease , king . . david did that which was right in the eyes of the lord , and turned not aside from any thing that he commanded him all the dayes of his life , save onely in the matter of vriah , that is principally , for he committed divers sins besides , as in numbring the people , in giving mephibosheths land to ziba upon a false suggestion , himselfe confessing that his iniquities were gone over his head , and his ●innes more then the haires of his head : but yet this was his only , to wit , his principall sinne : so in divers others texts , onely is used for principally ; as iosh. . . . onely be thou strong ; sam. . . onely be thou valiant : so here , against thee , thee ●●ly have i sinned ; that is , i have principally sinned against thee alone , not excluding his sinne against himselfe , vriah , and others , whom he injured thereby . . this sinne against vriah was but a personall and private injury , into which david fell out of humane frailty , it was the first and onely sin of this kinde that ever he committed , for ought we read ; he made no trade of it , he repented for it , and never relapsed again into it : in this regard therefore these fathers interpretations may be orthodox , that for such a private sin of infirmitie onely , david was not responsible nor punishable by the congregation or sanhedrin : but had he made a common trade of murthering his subjects , ravishing their wives , and the like ; or giving himselfe over to the open practice of grosse idolatry , ( a sin onely against god himself ) and not repented of , or humbled himself solemnly for it , as he did for these sins here , no doubt the congregation or sanhedrin might upon complaint , have questioned , reprehended , and censured him for it , as the premises plentifully manifest , notwithstanding the priviledge of his regalitie , which , as it exempted him not from the guilt , so not from the punishment due unto such crimes , whether temporall or eternall : not from the eternall , which is the greatest , that is certain , therefore not from the temporall , which is the lesse . finally , god himself threatens , that if solomon or any kings of davids seed should forsake his law , and not keep his commandments , but commit iniquity against him , he would chasten them with the rod of men , and the stripes of the children of men ; whence the rabbins write , that if their kings transgressed against the law of the king , they were and might be scourged for it , without dishonour , by a man whom themselves made choice of : therefore they might be justly censured and punished by men for their transgressions against god alone , notwithstanding this glosse of these fathers , true only in som sence in private cases , and sins of infirmity against private men , not of publike habituall transgressions . the second objection , is that speech of samuel to the people , sam. . . to . this will be the manner of the king that shall reign over you ; he will take your sons and daughters , and appoint them for himself , &c. and he will take your fields , and your vineyards , and your oliveyards , even the best of them , and give them to his servants . and he will take the tenth of your seed , and of your vineyards , and give to his servants : and he will take your manservants , your maidservants , your goodliest young men and your asses , and put them to his service ; he will take the tenth of your sheep , and ye shall be his servants ; and ye shall crie out in that day , because of the king whom yee have chosen you , and the lord will not hear you in that day . therefore their kings were absolute monarchs , not bound to laws , nor responsible to their subiects for their oppressions , not yet resistible by them . to which i answer , that this is a direct description of a tyrant , and not of a lawfull king ; as is evident , first , by the very occasion of the words ; vttered purposely by samuel to disswade the people from electing a king , & changing their former aristocraticall government , into a monarchicall ; because their kings would many of them prove more oppressive , tyrannicall and burthensome to them then their iudges or his sons were , whose bribery and perverting of judgment , moved the people thus earnestly to affect a change of government , as is evident by the , , , , , , and verses ; iosephus , and the consent of all expositors . secondly , by the introduction to , and the words themselvs , this will be the maner of the king that shall reign over you , he will take , and he will do thus and thus ; not this ought to be the manner , he ought to do , or lawfully may do thus and thus . thirdly , by the things themselves which he would do , which are directly contrary to deuter. . . to the end ; and all other scriptures , expresly enjoyning kings to judge their people righteously , to do justice and judgement , and not any wayes to oppresse or spoyle them . i shall instance onely in two particulars . first , the law of gods expresly prohibits all men ( and kings as well as others ) to covet their neighbours houses , his menservants , his maidservants , his oxe , or his asse , or any thing that is his neighbours : if their kings then might not lawfully so much as desire or covet , much lesse might they lawfully take away their houses , sonnes , daughters , manservants , maidservants , asses , sheep , corn , vineyards , or any thing else that was theirs , without their free consents , as samuel tells them their king would do ; this therefore must need ▪ be onely a declaration of what their kings would tyrannically do , not of what they might lawfully or justly execute . secondly , it is gods expresse edict , ezek. . . the prince shall not take the peoples inheritance by oppression , to thrust them out of their possessions , but he shall give his sons inheritance out of his own possession , that my people be not scattered every one from his possession . and ezek . , . the land shall be the princes possession in israel , and my princes shall no more oppresse my people , and the rest of the land shall they give to the house of israel according to their tribes : thus saith the lord god , let it suffice you , o princes of israel ; remove violence and spoile , and execute judgement and justice ; take away your exactions ( or expulsions ) from my people , saith the lord. whence ahab king of israel for coveting , and unjustly deprivi●g naboth of his vineyard , which he refused to sell him , because it was the inheritance of his fathers , and taking possession thereof after his unjust condemnation , had a most severe judgement d●nounced against him , even the utter extirpation of himself , q. iezabel , and their posterity , afterwards executed : which punishment god would never have inflicted on them , had it been lawfull for the kings of israel to take the peoples fields , vineyards , oliveyards , &c. and possesse or give them to their servants , as samuel here tels them their k●ngs will do : this clause then of taking their field , vineyards , &c. from them , by the king , without their consents , being thus d●ametrally contrary to these texts of ezekiel , and such a capitall crime in king ahab , ( yea , contrary to the practise of ioseph , and the aegyptian heathen king pharaoh , who took not away , but bought the aegyptians cattell and lands for corne , gen. . . to . ) can to wayes , be warranted as a just royall prerogative lawfull for their kings to use , but must needs be branded for a tyrannicall oppression . fourthly , this is evident by the consequences of it , ye shall be his servants , ( not subjects ; ) and ye shall crie in that day because of your king which ye have chosen you , and the lord will not hear you in that day , verse , . certainly the people neither would not ought to crie to god against the proceedings of a just upright king , but onely of a tyrant and oppressour ; therefore this text must needs be meant of such a one , who should be a scourge and punishment to them , as tyrants are , not a blessing as good kings alwayes be . fifthly , consult we with all polititians whatsoever , this description suites onely with a tyrant , not with any lawfull king : and that it is meant of such a one , we have the testimony of iosephus , the generall concurring suffrage of all commentators and expositors one the place ( see lyra , hugo de sancto victore , carthusian , angelomus lexoviensis , calvin , brentius , bugenhagius , beda , bertorius , martin borrhaeus , peter martyr , zanchius , piscator , serrarius , strigelius , doctor willet , deodate ▪ the english bibles notes , with others ) and of sundry who descant on this text in other writings ; by name , of m. iohn calvin , instit. l. . c. . sect . . bishop ponet his politicall government . p. . iunius brutus vindiciae contra tyrannos , qu. . p. . . . . . . . . de iure magistratus in subditos , p , . . bucholceri chronichon . p. . petrus cunaeus , de repub. hebraeor . l. . c. . bertrami , politia iud●ic . p. . shickardus jus regium iudae . p. . albericus gentilis de jure belli , l. . c. . p. . hugo grotius de jure belli & pacis , l. . c. . adnotata . p. . governado christiano , p. . georgius bucananus de jure regni apud scotos , p. . dole●-man , p. . . haenon . disp ▪ polit . p . weemse . vol. . part. p. . hotomani , franco-gallia , c. . amesius de casibus conscienciae , p. . and ( to name no more in so plain a case ) of doctor ferne himself , in his resolving of conscience , sect . . p. . where hee writes , that samuel here tels the people , how they should be oppressed under kings ; yet all that violence and injustice done unto them , is no cause of resistance , &c. this text then being cleerly meant of their kings oppression , violence , injustice against law , right , and a clear descript on of a tyrant , not a king ; i may safely conclude from all the premises , that even among the israelites , and iews themselves , their kings were subj●ct to the lawes , and that the whole congregation , kingdom , senate , sanhedrin , not their kings , were the supreme soveraign power , and paramount their kings themselves , whom they did thus freely elect , constitute , and might in some cases justly censure , resist , depose , ( if not put to death ) by common consent , for notorious grosse idolatries and publike multiplied crimes , as the forecited authors averre . all which considered , eternally refu●es , subverts , confonnds the erronious false positions and paradoxes which doctor ferne , griffith williams bishop of ossery , the authour of the necessitie of subjection , with other late ignorant pamphletters , have broached to the contrary , without either ground or presidents to warrant what they affirm , touching the absolute soveraignty , monarchy , irresistibilitie , incorrigibility of the kings of iudah and israel by their whole states , congregations , kingdoms generall assents , and utterly takes away those sandy fabulous foundations upon which their impertinent pamphlets against the soveraign power of parliaments , kingdoms , and the illegality of subjects taking up defensive arms against tyrannicall princes , bent to subvert religion , laws , liberties , the republike , are founded ; which must now needs vanish into nothing , before this catholike , irrefragable clear-shining verity , abundantly ratifyed by innumerable presidents in all eminent kingdoms , states , nations , that either have been in any former ages , or are yet extant in the world ; which must and will infinitely over-sway , swallow up the inconsiderable contrary opinions of some few privadoes , who ( either out of flattery , hopes of getting , or keeping undemerited preferments , fear of displeasing greatnesse , or inconsiderate following of other reputed learned mens mistakes , without due examination of their erronious tenents ) have engaged themselves in a polemicall blinde combate against these infragable transparent verities ; whose defence i have here made good against all their misprisions , and bootlesse assaults . having now historically ran over the most eminent empires , kingdoms of ancient and present times , in a kinde of confused method , their copious vastnesse and varietie being so boundlesse , and my time to collect them so small , that i could hardly marshall them into any comely d●stinct regiments , or reduce them to the particular heads debated in the premises ; i shall therefore for a conclusion deduce these distinct conclusions from them , to which the substance of all the recited histories may be aptly reduced , and are in truth abundantly confirmed by them beyond all contradiction , annexing , some new punctuall authorities of note , to ratifie and confirme them . first , it is undeniably evident from all the premises , that all monarchies , empires , kingdoms , emperours , kings , princes in the world , were originally created , instituted , ordained , continued , limited , and received all their jurisdiction , power , authoritie both from , by , and for the people , whose creatures , ministers , servants they are , and ought to be . if we survey all the severall lawfull monarchies , empires , principalities , emperours , and kings , that either have been , or yet are extant in the world ; we finde all sacred and prophane histories concurre in this , that they had their originall erections , creations from , by , and for the people ; yea , we read the very times when , the most monarchies of note were instituted , the names of those on whom the first monarchies were conferred , ( by the peoples free election onely ) yet extant on record in most histories , and withall expresse relations , of many different kinds of kingdoms , kings , in respect of succession , continuance , power , jurisdiction , scarce any two kingdoms , or their kings , being alike in all things in regard of prerogatives & jurisdictions ; all histories & polititians concurring , resolving with peter , that kings are humane creatures or ordinances instituted , , diversified thus by men , and the people alone , out of gods generall or speciall providence , not one of them all being immediately or directly ordained by god , as the onely efficient cause , without the free concurrence , consent and institution of the people . this truth , is not onely ratified by lex regia , whereby the roman emperours were created , yea , invested with all their power ; registred by iustus eccardus de lege regia , & marius salamonius de principatu , l. . formerly transcribed ; by plato , aristotle , xenophon , berosus , polybius , cicero , livy , iustin , plinie , strabo , plutarch , dionysius hallicarnassaeus , diodorus siculus , pausanias , solinus , alexander ab alexandro , hermannus schedell , herodotus , boëmus , pomponius mela ; forecited , and generally by all historians , chronologers , antiquaries , lawyers , politians whatsoever ; but directly averred and proved by franciscus hotomanus ( a famous lawyer ) in his franco-gallia , c. . . , . the author of de iure magistratus in subditos , quaest. . p. . , &c. thomas garzonius emporij emporiorum , pars , . discursus . de dom. p. . vasquius controvers . illustrium , . n. . . n. . . n. . . n. . . n. . . n. . covarunius , quaest. illust. t. . . n. . . hugo grotius de iure belli , l. . c. . sect . . l. . c. . sect . . and elsewhere ; marius salamonius de principatu ; eccardus de lege regia , with others cited by them : hookers ecclesiasticall polity . l. . sect . . p. , , . ( a pregnant place ) albericus gentilis de iure belli , l. . c. . . ioannes marianade rege & regum instit. l. . c. . to . sparsim , & iunius brutus , vindiciae contra tyrannos , quaest. . p. . to . with whose words i shall close up this observation , ( having elsewhere particularly proved the verity thereof , and answered all obiections against it from misinterpreted scriptures : ) we say now ( writes he ) that the people constitute kings , deliver kingdoms , approve kings elections , with their suffrages ; which god would have to be thus , that so whatsoever authority and power they should have , they should , next to him , referre it to the people , and therefore should bestow all their care , thoughts , industrie for the people profit ; neither verily should they think themselves advanced above other men for their excellency of nature , no otherwise then men are over heards and flocks , but should remember , that being born in the same condition with others , they were lifted up from the ground unto that condition by the suffrages , as it were , by the shoulders of the people , upon whose shoulders the burthen of the common-weale should for a great part rest . after which he proves by deut. . and divers forecited presidents in scripture , that god gave the election and constitution of the kings of israel to the people ; and that notwithstanding the succession of the kingdom of iudah was by god entailed afterwards to the linage of david , yet the kings thereof actually reigned not before they were ordained by the people . whence we may conclude , that the kingdom of israel , if we respect the stock , was certainly hereditary , but if we regard the persons , altogether elective . but to what end was this , if the election appear , as it is confessed , but that the remembrance of so great a dignitie conferred by the people , should make them alwayes mindefull of their duty : so likewise among the heathens we read , that kings were constituted by the people ; for when they had wars abroad , or contention at home , some one man , of whose fortitude and justice the multitude had a great opinion , was by cammon consent assumed for king. and among the medes , saith cicero , deioces was of an arbitrator made a iugde , of a iudge created a king ; and among the romanes the first kings were elected . therefore when romulus being taken away , the inter-regnum of the hundred senators was displeasing to the romans , they accorded , that afwards kings should be chosen by the suffrages of the people , the senate approving it : and tarquin the proud was therefore reputed a tyrant , for that being created neither by the people nor senate , he held the empire onely by force and power : wherefore caesar although he invaded the empire by force , yet that he might cosen the people at least with some p●etext of law , would seem to have received the empire from the senate and people : but augustus although he was adopted by caesar , yet he never bare himselfe as heire of the empire , by divise ; but rather received it as from the senate and people ; as did also caligula , tiberius , claudius whereas nero , who first invaded the empire by force and wickednesse without any colour of law , was condemned by the senate . since then no man could be born an absolute king , no man can be a king by himselfe , no man can reigne without the people : whereas on the contrary , the people may both be , and are by themselvs , and are in time before a king ; it most certainly appears , that all kings were first constituted by the people . now albeit that from the time that sons or nephews imitated the vertues of their parents , they seem to have made kingdomes as it were hereditary to themselves in certain countries , where the free power of election may seem in some sort to have ceased , yet that custome hath continued in all well constituted kingdomes , that the children of the deceased kings should not succeed untill they were as de n●no , newly constituted by the people , nor should not be acknowledged as heir●s to their fathers , but should onely then at length be reputed kings , when they had as it were received investiture of the realme from those who represent the majesty of the people , by a scepter and diadem . in christian kingdomes which at this day are said to be conferd by succession , there are extant most evident footsteps of this thing . for the kings of france , spain , england , and others are wont to be inaugurated , and as it were put into possession of the realm by the states , senators , nobles and great men of the realm , who represent the universality of the people , in the same manner as the emperours of germany are by the electors , and the kings of poland by the vayuods or palatines , where the intire right is onely by election , neither is royall honour yeelded to them in the cities of the kingdomes , before they have been duly inaugurated : neither also heretofore did they compute the time of the reigne , but from the day of the inauguration , which computation was accurately observed in france : and that we may not be deceived by reason of any continued stories of succession ; even in those very kingdoms , the states of the realme have oft times preferred a kinsman before a sonne , the second sonne before the eldest ; as in france , lewis , the brother , before robert earl of dreux also henry , the second brother , before robert capet the nephew , with others elsewhere : yea , and the same kingdome by authority of the people , hath been translated from one nation and family to another , whiles there were lawfull heires extant ; from the merouingi to the carlingi , from the carlingi to the capets which hath been likewise done in other realms , as it sufficiently appears out of the truest histories . and that we may not recede from the kingdome of france , which hath ever been reputed the pattern of the rest , in which , i say , succession seemes to have obtained greatest strength : we read that pharamond was elected , anno . pipen , an. . pipens sonnes , charles the great and charlemain . not having respect of the father ; charlemain being at last taken away . the brothers part did not immediatly accrue to charls the great , ; ; ; as is usually done in inheritances , but by the determination of the people and publike councell : and by them ludovicus pius was elected , an. ▪ although he were the sonne of charles the great . yea , in the very testament o● charles , which is extant in nauclerus , he intreats the people by the common councell of the realm to elect one of his nephews whō they pleased ; as for hi , vncles he bids thē rest satisfied with the decréc of the people . whence charles the bald , nephew by lewis the godly and iudith , professeth himselfe an elected king in aimoinius the historiographer . in summe , all kings whatsoever , from the beginning were elective ; and those who at this day strive to come to the kingdome by succession , must of necessity be first ordained by the people . finally , albeit the people by reason of certain egregious merits , hath in certain realmes used to chuse kings out of the same stock , yet they chuse the stock it self , nor the branch ; neither do they so chuse it , but if it degenerates , they may elect another : but even those who are neerest of that stock , are not so much born , as made kings ; are not so much accounted kings as the attendants of kings ; which franciscus hotomanus in his franco-gallia , cap. . . & . prosecutes more at large , and manifests by sundry pertinent presidents and authorities . secondly , that it is apparant by all the premised histories ; that in all empires , monarchies , the whole empire , state , kingdome , with the parliaments , senates , states , diets , publike officers and generall assemblies which represent them , are the supreamest soveraign power , superiour to the emperours , kings and princes themselves ; who are subordinate ministers and servants to them , elected , created by them for their common good ; and not absolute soveraign lords or proprietors to rule & domineer over them at their pleasure : which conclusion you shall find abundantly ratified , and pro●essedly maintained by marius salamonius , de principatu , in six severall books ; by iohn mariana , de rege & regis instit. t. c. . stephanus iunius brutus , his vindicia contra tyrannos , throughout , especially p. . to . the treatise , de iure magistratus in subditos , throughout : iustus eccardus , de lege regia : henricus ranz●vius ; commentarii bellici , lib. . c. . and elsewhere : georgius obrechtus ( an eminent civill lawyer ) disputationes iuridicae , de principiis belli , sect . . to . where he thus resolves , the inferiour magistrates , as in germany the electors , princes , earles , imperiall cities ; in france the peers of france , in poland the vayuodes or palatines , and in other kingdomes the nobles , senators , and delegates of the estates , as they are severally inferiour to the emperour or king , ita univers● superiores existunt , so collectively they are superiour to them ; as a generall councell is above the pope , the chapter above the bishop , the vniversity above the chancellor ; the prince , saith pliny the second , even the greatest , is obliged to the commonwealth by an oath , as its servant , ac ipsa republica seu regno minor est , and is lesse then the republike or kingdome it selfe : ) by franciscus hotomanus a learned french lawyer , in his franco-gallia , c. , . , . , , , , . aquinas , de regimine principum , c. . by hemingius arnisaeus , de auctoritate principum in populum , &c. and de iure majestatis , sebastianus foxius , de regni regisque institutione ; vasquius controvers . illustrium passim , cavarnuius contr. illustr . t. . . n. i. . n. . haenon disp. polit. p. . &c. alhusius polit . c. . p. . to . with iohn calvin instit. l. . c. . sect . . and divers others forecited : heare iunius brutus instead of all the rest to this particular , being a frenchman by birth , and writing his mind herein both freely , accutely and ingeniously , in these words : now verily , since kings are constituted by the people , it seems necessarily to follow , populum universum rege potiorem esse , that all the people are better and greater then the king. for such is the force of the word , that whoever is constituted by another , is reputed lesse then him ; he who receiveth authority from another , is inferiour to his author . potipher the aegyptian appointed ioseph over his family ; nebuchadonozer set daniel over the province of babylon darius set an hundred and twenty princes over the kingdome . verily masters are said to appoint servants ; kings ministers ; so likewise the people appoints the king , as the minister of the commonweale ; which title good kings have not contemned , and ill kings have affected , so that ●or some ages , none of the roman emperours , but an apparant tyrant , such as nero , domitian , caligula , would be called lord . moreover it appeares , that kings were instituted for the peoples sake ; neither wilt thou say , that for an hundred homunci●es more or lesse , ( for the most part far worse then the rest ) all inferiours whatsoever were created , rather then they for them . now reason requires , that he for whose sake another exists , is to be accounted lesser then he . thus the governour of a ship is instituted by the owner for the shippes sake , who sits at the helme , lest the ship should be broken on the rocks , or ill hold her course . and verily whiles he intends this businesse , the other mariners serve him , and the owner himselfe obeyes him ; and yet he is a servant of the ship , as well as any mariner , neither differs he from a mariner in gender , but in kind : in the republike , which is usually compared to a ship , the king is in place of a master , the people of an owner : threfore to him seeking the publike safety , the people obey and submit ; when notwithstanding he is , and ought no lesse to be accounted a servant to the republike , as well as any judge or captain , neither differs he from those in any thing , but that he is bound to beare greater burthens , and undergoe more dangers : wherfore verily what things soever the king acquires in warre , or when he gaineth adjoyning coasts by right of warre or by sentence of law , as those things which are brought into the eschequer , he acquires to the kingdom not to himselfe ; to the people , i say , which constitute the kingdome , no otherwise then as a servant ( purchaseth ) to his lord ; neither can any obligation be contracted with him , but by their authority . furthermore , innumerable people live without a king , but thou canst not conceive a king without a people , so much as in thy mind . neither have some attained a royall dignity because they differed in kind from other men , and ought to rule over others by a certain excellency of nature , as shepheards doe over their flo●ks ; but rather , the people created out of the same masse , have advanced them to that degree , that so if they enjoyed any authority , any power , they should acknowledge it received from them , and possesse it as during their pleasure ; which the ancient custome of the french aptly sheweth , who lifting their king up on a buckler , proclaimed him king. for why , i pray , are kings said to have innumerable eyes , many eares , long hands , most swift feet ? what , because they are like to argus , gerion , midas , or to those whom fables have feined ? verily no , but indeed because all the people whom it concerns , lend all their eies , their ears , their hands , feet , and faculties to the king for the use of the republike . let the people recede from the king , he who even now seemed eyed , eared , strong and flourishing ; will suddenly wax blind , deafe , and fall to nothing ; he who erewhile did magnificently triumph , will in one moment become vile to all : he who even now was adored almost with divine honours , will be compelled to play the schoolmaster at corinth : over-turn only the basis of this giant-like heape , and like the rhodian colossus , it will of necessity fall , and be broken into pieces . since therefore a king exists by and for the people , and cannot consist without the people ; to whom may it seem strange if we conclude , that the people are greater then the king. ; moreover , what we say of all the people , we will have spoken also , as in the second question , of those also who lawfully represent all the people in every kingdome or city , who verily are commonly reputed the officers of the kingdome , not king. the officers of the k●ng , are created or discharged by the king at his pleasure ; moreover , when he dyeth they are out of place , and are in some ●ort accounted dead men . contrarily , the officers of the kingdome , receive their a●thority from the people , to wit , in a publike councell , or at least , heretofore were w●nt to receive it , neither can they be cashéered without the same . therefore those depend on the king , these on the kingdome : they , from the supreme officer of the kingdome , who is the king himselfe ; these , from the supream dominion of the people , from whom the king himselfe , as well as they , ought to depend . their office is , to take care of the king : these mens duty , to take heed that the common-wealth receiue no detriment any where : theirs to be present and serue the king , as any domestick servants doe their masters ; these mens , to defend the rights and priuiledges of the people , and diligently to prouide , that the prince himselfe commit , or omit nothing to their destruction . finally , those are the kings seruants , ministers , domesticks , instituted only to obey him ; these contrarily , are as the kings assessors in judging according to law and consorts of the royal empire ; so as all these are bound to gouern the commonweal , no otherwise then the king is ; yet he , as a president among them , may onely hold the first place . now as all the people are superiour to the king so euen these , although single , every of them be inferiour to the king , yet all of them are to be deemed superiour to him . how great the power of the first kings was , appeares sufficiently from this ; that ephron king of the hittites , durst not grant the right of a sepulcher to abraham without the peoples consent ; nor hamor the hiuite king of sechem , make a league with iacob , the more weighty affaires being usually referred to the people . and ve●ily in those kingdomes , which at that time were circumscribed almost with one city , this was easie : but from that time kings began to inlarge their territories , neither could all the people assemble in one place without confusion , officers of the kingdome were appointed , who should ordinarily defend their rights ; yet so , as when there should be need , either all the people , or at least a certain epitome of them should be extraordinarily assembled . wee see this order to have been in the kingdome of israel , which by the judgement almost of all polititians , was best of all constituted . the king had his bakers , butlers , cham●berlaines , masters and stewards of his house , who overlooked his family ; the kingdom had likewise its officers , . elders and captains chosen out of every tribe , who might take care of the republike in time either of peace or warre : and finally its magistrates in every town , who were every one to defend their rites , as the others the whole kingdome ( which he proves to be above their kings , and to over-rule them , in the forecited passage . ) such were the . magi , or wise men in the persian empire , being as it were consorts of the royall honor , and who were called the kings eyes and eares , with whose judgement we read the kings rested satisfied : such were the ephori in the spartan realm , to whom they appealed from the king , and who did likewise judge the kings themselves ; as it is in aristotle in the aegyptian kingdome the publike ministers were elected and assigned to the king by the people , onely to this end , that he should commit nothing against the lawes . now as aristotle every where calls those lawfull kings , to whom such officers are adioyned , so likewise he feares not to say , where they are wanting , that there is not a monarchy , but either pla●●ly a barbarous tyrannie , or a domination next to tyrannie . in the roman state the senators obtained this place , and the magistrates ufually chosen by the people , the tribune of the consuls , the president of the city , and the rest , so as there lay an appeale from the king to the people , which seneca cites out of tullies book of the republike , and the history of horatius tergeminus , condemned by the royall iudges for the murder of his sister , and absolved by the people , sufficiently evidenceth : but under the emperours , the senate , consuls , pretors , pretorian perfects , presidents of provinces , which were given to the people and senate , were therefore all called the magistrates of the people of rome . therefore when as by the decree of the senate , maximinus the emperour was iudged an enemy of the republike , and mazimus and albinus were created emperors by the senate against him , the souldiers took an oath , that they would fathfully obey the people of rome , the senate & emperor , howsoever this law might be violated under tyranny . as for the empires at this day ( as the turkish & muscovitish , and others of this kind , which are rather great robberies , then empires ) there is not one of them , which if not at this time , was not at least in times past governed in this manner . but if it be come to passe through the magistrats fault and sloathfulnes , that in some places posterity have received a worser common weal , notwithstanding those who at this day possesse these offices , are bound as much as in them is , to revoke all things to their ancient state . in the german empire which is conferred by election , there are princes , and electors , as well laicks as ecclesiasticks , earles , barons , cities , embassadors of cities , who as they have the care of the commonweale in their severall places , so likewise in generall assemblies ( or diets ) whenthere is needs , they represent the majesty of the whole empire , where they are bound to care , that the republike sustain no detriment by the private endeavours or hatreds of the emperour . therefore there is one chancellour of the empire , another of the emperour ; other and different officers besides , both of the one , and other : divers exchequers , divers treasurers ; and therfore it is a cōmon saying , that the empire is preferred before the emperor , so as the emperor may be every where said to do homage to the empire . likewise in the realm of poland , the bishops , palatines , castellans , nobles , deputies of cities and counties are extraordinarily assembled ; in whose assembly onely new constitutions are made , and wars decréed . but ordinarily the councellers of the realm of poland , the chancellor of the polish repub. &c. although the king in the mean time hath his own chamberlains , stewards , ministers & domesticks . but he who will dispute among the polonians , whether the king or the whole people of the kingdom , represented by the estates of the realm , be greater ? doth just like him who should dispute at venice , whether the duke or the republike were the superior ? but what shal we say of those kingdomes which are wont to be carried by succession ? verily the thing is no otherwise there . the realm of france , which not long since was preferred before the rest both for the excellency of laws and orders , was thus constituted in times past ; and although those who hold that place do not sufficiently discharge their duty , yet they are not thereby the lesse obliged to do it : the king verily hath his great master , or arch-steward , his chamberlains , hunters , gua●d , butlers , and the rest , whose offices heretofore did so depend on the king that he dying , themselves seemed also to die in their office ; so that even yet , after the end of the mourning royall , the great master or arch-steward , is wont to pronounce certain conceived words , wherewith he dismisseth the royall family , and bids every one provide for himself : yet notwithstanding the kingdom of france hath its officers , the master of the palace , who afterwards was stiled the earl of the stable , the marshals , admirall , chancellour , or great referendary , secretaries , treasurers , and officers , who verily heretofore were not created , but in the great publike covncell of the three orders of the clergie , nobilitie and people ; but since the standing parliament was ordained at paris , they are not thought setled in their offices , before they be received and approved by the senate of paris , neither can they be casheer'd without their consent and authority : now all these , first plight their faith to the kingdom , that i● , to all the people , after that to the king , as the guardian thereof ; which is perspicuous even from the very form of the oath . but especially the earl of the stable , when he is girded by the king with the liliated sword ( as appears by the words which he pronounceth , ) is girded to that purpose , that he may defend and protect the repvblike . moreover the realm of france hath its peers , as consuls of the king , or its senators , as the fathers of the republike , every of them denominated from the severall provinces of the kingdome , to whom the king , being to bee crowned , is wont to plight his faith , as to the whole kingdome : from whence it appeares , that they are svperior to the king : these again likewise wear , that they will defend , not the king , bvt the royall crown that they will assist the repvblike with their councell , and that for this end , they will be present in the sacred councell of the prince in time of peace or warre , as manifestly appears out of the formulary of the peership : therefore by the law of lombardy , in giving sentences , they did not onely sit with the lord of the fee as peers , but likewise heard the causes oft times between the superiour lord and his vassall . we likewise see these senators of france to have oft times judged between the king and subjects , so that when charles the . would have pronounced sentence against the duke of britain , they withstood him , and said , that the ivdgement was not the kings , bvt peers , from whose avthority he covld derogate nothing . hence even at this day the parliament at paris , which is called the court of peers or senators , is in some sort constituted a iudge between the king and people , yea , between the king and every private man , and is bound , as with an obligation to right every one against the king procurers , if he invades any thing against law ; besides , if the king determines any thing , or makes any edict at home , if he make any compact with neighbour princes , if any warre be to be waged , if any peace be to be made , as of late with charles the fifth , the parliament ought to approve , and bée authour of it , and all things which appertain to the common-wealth , ought to be registred among its acts ; which verily are not ratified , untill they shall be approved by it . now that the senators might not fear the king , heretofore none could be preferred into that order , but such who were nominated by the senate , neither could they lawfully be removed , but by its authority , for a lawfull cause . ; ; ; finally , even the kings letters , unlesse they be subscribed by the kings secretary , and rescripts , unlesse they be signed by the chancellour , ( who hath a power of cancelling ) have no authority . there are likewise dukes , marquesses , earles , vicounts , barons , castellanes ; also in cities ▪ maiors , deputies , consuls , in sindeches , auditors , and the like , to whom some particular region or city are severally commended , that they may defend the people so farre forth as their jurisdiction extendeth , although some of these dignities at this day are reputed hereditary : and besides this , yearly heretofore , at leastwise as often as necessity required , there was held an assembly of the three estates , wherein all the countries and cities of any note , did send their deputies , namely commons , nobles , ecclesiasticks in each of them apart ; where they publikely determined of those things which appertained to the republike : now such was evermore the authority of this assembly , that not only those things which were therein accorded , were reputed sacred and holy , & whether peace were to be concluded , or war to be waged , or the guardianship of the realm to be committed to any one , or a tax to be imposed , was there concluded ; but even kings themselves for their luxury , slothfulnes or tyrannie , were thrust into monasteries , & by their authority , even all their ofsprings deprived of the succession of the kingdom , no otherwise then at first , when as they were called to the kingdom , by the peoples authority : verily those whō consent had advanced , dissent did pull down again ; those whom imitation of paternall vertues had as it were called into that inheritance , a degenerate and ungratefull minde , as it had made then uncapable and unworthy , so it did make them to be disinherited : from whence verily it appears , that succession truly was tolerated to avoid competition , succession , an interregnum , and other incommodities of election ; but truely when grea●er damages would follow ; where tyranny should invade the kingdom , where a tyrant the throne of a king , the lawfull assembly of the people perpetually reserved to themselves an authority of expelling a tyrant or slothfull king , and of deducing him to his kindred , and of substituting a good king in his place . verily peradventure the french received this from the gauls , caesar in the fifth book of the gallic war , being the author ; for ambiorix king of the eburoni , confessed , that all that time the empires of the kings of gallia were such , that the people duely assembled , had no lesse authoritie over the king , then the king over the people ; which also appears in vercingetorix , who pleaded his cause before an assembly of the people . in the kingdoms of spain , especially in valentia and catteloigne of the arragonians it is even thus , for the soveraignty of the realme , is in the justice of aragon , as they call it ; therefore the great men , who represent the people , fear not to tell the king in direct terms , both in his very coronation it self , and likewise every third year in the generall assembly of their estates , tantum valemus nos , quantum vos ; we are as powerfull as you , but the iustice of aragon is above us both , who rules more than you . yea , oftentimes what things the king hath asked , what he hath injoyn'd , the iustice hath prohibited ; nay , he never dares to impose any tribute without the authority of that assembly . in the realms of england and scotland , the supreme power is in the parliament , usually wont to be held almost every year . now they call a parliament , the assembly of the estates of the realme , where the bishops , earls , barons , deputies of the cities and counties by common suffrage determine of the republikes affairs , whose authority is so sacred , that what things soever it shall once establish , it is unlawfull ( or a wicked act ) for the king to abrogate . likewise all the officers of the realme are wont to receive their offices from that assembly , and those who ordinarily assist the king or quéen in councell . in brief , other christian kingdoms , as hungary , bohemia , denmarke , sweden , and the rest , have all their officers of the realm , or consuls of the royall empire , who by their own authority have sometimes used even to depose their kings themselves , as histories teach , or fresh memory suffici●ntly manifests : neither is there verily any cause that we should think the royall authority to be thereby deminished , or that kings should hereby suffer as it were a diminution of their heads ; truly , we deem not god the lesse potent for this , because he cannot sin by himself , nor his empire more restrained , because it cannot be ruined , nor grow worse ; therefore not a king , if that he who may offend by himself , be sustained or kept from sinning by anothers help ; or if peradventure he had lost any empire by his own negligence or fault , that he may retain by anothers prudence . what ? do you think any man lesse healthy , because phisitians ●it round about him , who dehort him from intemperance , who interdict him the eating of hurtfull meats , who likewise oft-times purge him against his will , and resisting ? or whether doest thou think those phisitians who take care of his health , or flatterers who obtrude the most unwholsome things , to be more his friends ? therefore this distinction is altogether necessary to be adhibited : some are friends of the king , others of caesar those are friends of caesar , who serve caesar those friends of the king or emperour , who serve the kingdom : for since any one is called a king , for the kingdoms sake , and the kingdom consists in the people ; but the kingdom being lost or decayed , the king must altogether cease to be a king , or , at least , be lesse a king : those verily who shall study the profit of the kingdom , are truly the kings friends ; those who neglect , or subvert the profit of the realm , are truly his enemies : and as thou c●nst by no means separate the kingdom from the people , nor the king from the kingdom ; so neither the friends of the king from the friends of the kingdom or people ; yea verily , as those who truely love caesar would rather have him to be a king then a private man , nor can they have him a king without a kingdom , in good ●ooth those shall be the kingdoms friends who are caesars and those who would seem to be more the friends of caesar , then of the kingdom or people , are truly to be reputed flatterers and most pernicious enemies . but and if they bee truely friends , is it not manifest , that the king will become more powerfull and stable , ( as theopompus said of the ephori when instituted ) by how much those shall be more , and more powerfull , to whom the profit of the people or realm shall be commanded and committed ? ; ; ; but perchance thou wilt say , you tell me of the senators , peers , and officers of the realm , but i , on the contrary , see nothing but ghosts , and as it were ancient cote-arms in tragedies , but i scarce any where discern any foot-steps of ancient libertie and authoritie . finally , you may see most men every where to look to their own affairs , to flatter kings , to cheat the people ; scarce any where maist thou finde one who takes pity of the mascerated people , much lesse who will give help to the miserable ; but if there be any who are truely of that minde , or thought to be so , they are judged rebels , or traitors , they are banished , and they are compelled to begge even their very food . what ? the thing is thus : it seems almost alwayes and in every place the audacitie of kings , or partly the prevarication , partly the slothfulnesse of the nobility hath been such , that kings may seem to have usurped that licentiousnesse wherewith most of them at this day seem to wax insolent , by a long prescription of time , but the people may seem to have determined their authority , or to have lost it by not using it : for so it happens for the most part , that no man takes care for that which all are bound to take care of , that which is committed to all , no man thinks it is commended to him . yet notwithstanding , against the people , neither this prescription nor prevarication doth any thing . it is a vulgar saying , that no prescription can hurt the king , or exchequer , much lesse all the people , who are potenter then the king , and for whose sake the prince hath this priviledge ; for why else is the prince only the administrator of the exchequer , but for the people , the true proprietors as shal be after proved ? furthermore , is not this a known truth , that no violence , no not in the longest lasting servitude , can be prescribed against liberty ? but and if thou objectest , that kings were constituted by the people , who perchance lived above five hundred yeer since , not by the people extant at this day ; i answer , that although kings doe die , the people in the mean time ( as neither any other universitie ) never dyeth ; for as flowing waters make a perpetuall river , so also the vicissitude of birth and death an immortall people : therefore as the rheine , seine , tyber , is now the same as it was above a thousand years agoe , so likewise the germane , french , roman people are the same , ( unlesse colonies shall have casually intervened ) neither can their right be any wayes changed , either by the flux of water , or change of individuals . besides , if they attribute the kingdom received , not to their people , but to their father ▪ & he to his grandfather , and so upwards , could he transfer more right to another then himself first had ? but and if he could not , ( as it is certain he could not ) is it not manifest , whatsoever he shall arrogate to himself besides , that he cannot any more usurp it then any theef ? but on the contrary the people have a right of perpetuall eviction . therefore that the nobles have been for a long space oppressed in any kingdom , can no way prejudice the people ; but rather , as the servant should not be heard , who in that he hath a very long time detained his lord captive , should boast , that he was not onely a free-man , but would likewise arrogate to himself a power of life and death over his lord : nor yet a theefe , who because he hath robbed . yeers , or is the sonne of a theefe , should think himselfe to be without fault , yea rather , by how much the longer he hath been such a one , the more severely should he be punished : so likewise a prince is not to be heard or endured , who because he hath succeeded to a tyrant , or hath for a long time used the people like a bondslave , from whom he hath received his kingdome , or hath offered violence to the nobles , should think that what ever he lusted should be lawfull to him , and ought to be granted of right . neither doe yeers substract any thing from the peoples right , but adde to the injury of the king. but what , if the nobles themselves have colluded with the king ? what , if in betraying the cause , they have betrayed the people as it were bound , into the hands of a tyrant ? shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the king ? whether i say , by this fact is any thing taken away from the liberty of the people , or adjoyned to the licentiousnesse of the prince ? you will say , they may impute it to themselves , who made choise of such men of perfidious faith . but yet these are as patrons to patronize the publike profit , and the peoples safety and liberty : therfore as when an advocate shall make a compact with the adversary of his client , concerning the value of the suit as they speake , if he had betrayed his cause , he should not hurt him at all ; so this conspiracie of the nobles , as it were made to the dammage and destruction of the people , cannot verily detract any thing from their right ; but even they themselves shall fall into the penalty of the law , which is promulged against prevaricators , and the law permits the people to chuse another patron , and to prosecute their right againe : for if the roman people condemned their emperors to punishment , who at the caudine gallowes had dishonourably contracted with the enemies , although by compulsion , and reduced to greatest straits ; and judged that they were no wayes obliged by that paction ; shall not the people be much lesse bound to suffer that yoke , which not by force , but willingly ; not for feare of death , but out of desire of gain , hath been thus treacherously put upon them ? or if those who ought to shake it off shall impose it , or those who might doe it , shall tolerate it ? he hath many other pertinent passages to the same effect , which brevity enjoynes me to omit ; those that please may read them at their leisure in the author himselfe ; whose opinion is fortified by alphonsus menesius his poems , annexed to his treatise . thirdly , it is abundantly manifest from all the premises ; that kings and emperours alwayes have been , are , and ought to be subject to the lawes and customes of their kingdomes , not above them , to violate , breake , or alter them at their pleasures , they being obliged by their very coronation oathes in all ages and kingdomes inviolably to observe them . this verily is confessed by k. iames , by our k. charls himself in his la●e declarations to al his subjects ; resolved by bracton fleta , fortescue , our common and statute laws forecited ; by the year book of . h. . . a. where fray saith , that the parliament is the highest court which the king hath , and the law is the highest inheritance which the king hath , for by the law he himselfe and all his subjects are ruled ; and if the law were not , there could be no king nor inheritance ; this is proued by stephen gardiner bp. of winchester in his letter to the lord protector ; where he writes , that when he was embassadour in the emperours court he was faine there , and with the emperours embassadour to defend and maintain , by commandment in a case of iewels , that the kings of this realme were not above the order of their laws , and therefore the ieweller although he had the kings bill signed , yet it would not be allowed in the kings court , because it was not obtained according to the law ; and generally granted by all our own english writers , is copiously asserted , and professedly averred by aristotle , polit. l. . c. . marius salomonius de principatu . in sixe speciall books to this purpose , by iustus eccardus de lege regia , thomas garzonius emporii , emporiorum , pars . discursus . de dominiis sect . . p. , . ioannis carnotensis episc. lib. . policrat . c. . bochellus decreta , eccles. gal. l. . tit. . cap. . , . haenon . disput. polit. p. . to . fenestella de magistratu , p. . ioannis mariana de rege & regis instit. l. . c. . ( an excellent discourse to this purpose ) petrus rebuffus , pr●fat . ad rubr. de collationibus , p. , . sebastianus foxius de rege , &c. part . p. , part . . &c. buchanon de iure regni apud scotos passim , iunius brutus vindiciae contra tyrannos , quaest . . p. . to . ( an accurate discouse to this effect ) grimalius de optimo senatore , p. . , . vasquius contr . illustr . . n. . . . . n. . . . n. . . n. . . n. . . . . n. . and elswhere . de iure magistratus in subditos , passim , polanus , in ezech p. . . pareus in rom. . p. . francis. hotomani , franco gallia ▪ c. . to the end of cap. . sparsim , governado christiano , p. . cunaeus de republ. hebr. l. . c. . . schickardus ius regium hebrae p. . hugo grotius de iure billi , l. . c. . s. . l. . c. . and elsewhere thorowout his second book , with infinite others of all sorts : this all good emperours and kings in all ages have prof●ssed , as these authors prove . thus the good emperour trajan practised and professed ; that the prince was not above the laws ; hence apollonius thyanaeus writing to the emperor domitian , saith , these things have i spoken concerning lawes , which if thou shalt not think to reignover thee , then thy self shalt not reign : hence antiochus the third , king of asia is commended , that he writ to all the cities of his kingdom , if there should be any thing in his letters he should write , which should seem contrary to the laws , they should not obey them . and anastatius the emperour made this wholesome sanction , admonishing all the iudges of his whole republike , that they should suffer no rescript ▪ no pragmaticall sanction , no sacred adnotation which should seem repugnant to the generall law or the publike profit , to be produced in the pleading of any suite or controversie ; enough eternally to shame and silence those flattering courtiers , lawyers , divines , who dare impudently , yea , impiously suggest the contrary into princes ears , to excite them to tyrannize and oppresse their subjects against their expresse oathes ( inviolably to observe and keep the laws ) their duties , the very lawes of god and man ; of which more in the seventh and eight observation . fourthly , that kings and emperours can neither anull , nor change the laws of their realms , nor yet impose any new laws , taxes or impositions on them , without the consent of their people , and parliamets : this i have largely manifested in the first part of this discourse , and the premised histories , with the authors here quoted in the three precedent observations , attest and prove it fully ; for if the whole kingdom , parliament , and laws themselves be above the king or emperour , and they receive their soveraign authority from the ●eople , as their publike servants : it thence infallibly follows , that they cannot alter the old laws which are above them , nor impose new lawes or taxes to binde the whole kingdom , people , without their assents , they being the soveraigne power . this point being so clear in it self , so plentifully proved in the premises , i shall onely adde this passage out of iunius brutus , to ratifie it ; if kings cannot by law change or extenuate laws once approved without the consent of the republike , much lesse can they make and create new laws ; therefore in the german empire , if the emperour think any law necessary , he first desires it in the generall assemblies ; if it be approved , the princes , barons , and deputies of cities subsigne it , and then it is wont to be a firme law : yea , he swears , that he will keep the laws enacted , and that he will make no news laws but by common consent . in the kingdom of poland there is a law , ( renewed , an. , and . ) that no new laws or constitutions shall be made , but onely by publike consent , or in any place but in parliament . in the realm of france , where yet commonly the authority of kings is thought most ample , laws were heretofore enacted in the assembly of the three estates , or in the kings ambulatory councell ; but since there hath been a standing parliament , all the kings edicts are void , unlesse the senate approve them ; when as yet the arrests of that senate of parliament , if the law be wanting , even obtain the force of a law : so in the kingdoms of england , spain , hungarie , and the rest , there is , and of old hath been the same law : for if kingdoms depend upon the conservation of their laws , and the laws themselves should depend upon the lust of one homuncio , would it not be certain , that the estate of no kingdom should ever be stable ? would not the kingdom necessarily stumble , and fall to ruine presently , or in a short space ? but if as we have shewed , the lawes be better and greater than kings , if kings be bound to obey the laws , as servants are to obey their lords ▪ who would not obey the law rather then the king ? who would obey the king violating the law ? who will or can refuse to give any to the law thus infringed ? fiftly , that all publike great officers , judges , magistrates , and ministers of all realms , are more the officers and ministers of the kingdom than the kings , and anciently were , and now ought to be of right elected onely by the kingdom , parliament , people , and not removable but by them : which is largely proved by iunius brutus vindiciae contr . tyrannos , qu. , , ● . de iure mag●stratus in subditos , qu. , , , , . with others , the histories forecited , and hotomani francogallia , c. , , , , . . that kings and emperors have no absolute power over the lives , liberties , goods , estates of their subjects , to dispose of them , murther , imprison , or strip them of their possessions at their pleasure ; but ought to proceed against them in case of delinquency according to the known lawes and statutes of their realmes : this truth is abundantly evidenced by all the premises ; by magna charta , c. . and all statutes , law-books in affirmance of it ; by resolution of the judges in henry . his reigne , brook , corone . that it is felony to slay a man in justing , and the like , notwithstanding it be done by command of the king , for the command is against the law and of judge fortescue , . h. . . that if the king grant to me , that if i kill such a man , i shall not be impeached for it , this grant is void and against law. by iunius brutus , vindiciae contra tyrannos , quaest. . p. ● , to . and the treatise de iure magistratus in subditos in sundry places , where this undeniable verity is largely proved , confirmed , and by others forecited . seventhly , that emperours , kings , princes are not the true proprietory lords or owners of the lands , revenues , forts , castles , shipps , iewels , ammunition , treasure of their empires , kingdoms , to alienate or dispose of them at their pleasures ; but onely the guardians , trustees , ●stewards , or supervisors of them for their kingdoms use and benefit , from whom they cannot alien them , nor may without their consents or privities lawfully dispose of them or any of them , to the publike prjudice ; which if they doe their grants are void and revocable . this proposition formerly ratified by many reasons , authorities , & sundry historicall passages in this appendix , is not only evident by the m●tropolitans usuall speech to all elected kings , ( prescribed by the roman pontificall , ratified by the bull of pope clement the eight , where the metropolitan , when any king is presented to him to be crowned , first demands of the bishops , who present him ; do you know him to be worthy of and profitable to this dignitie ? to which they answer , we know and beleeve him to be worthy and profitable to the churth of god , and for the government of this realme : after which the metropolitan among other things , useth this speech unto him , thou shalt undeniably administer iustice , without which no society can continue towards all men , by rendring rewards to the good , punishment to the evill , &c ▪ and shalt so carry thy self that thou maist be seen to reign● not to thine own , but to all the peoples profit , and to expect a reward of thy good deeds , not in earth but in heaven ; which he immediately professeth with a solemn oath , to perform to the uttermost of his power and knowledge ; ) but likewise professedly maintained by iustus eccardus de lege regia , marius salamonius de principatu , hugo grotius de iure belli , & pacis , l. . c. sect . . lib. c. . . hotomani franco-gallia , c. . . . ruibingius , l. . class . . c. . n. . ioannis mariana , hist. l. c. . l. . c. l. . c . albericus gentilis , de iure belli , l. . c. . cuiacius , c . de iure iurando , decius , cons. . . cephalus , concil . . alciatus , l. . de v. s. l . c. de pact . baldus proaem . digest . and by iunius brutus vindiciae contra tyrannos , qu. . p. . to . who handles this question professedly , whether that the king be the proprietory lord of the publike royall patrimany of his kingdom , or the vsufractuary of it ? determining cleerly that he is not . i shall transcribe the most of his dicourse ; this head we must handle a little more accurately . this is first to be observed , that the patrimony of the exchequer is one thing , of the prince another thing ; i say , the things of the emperour , king , prince are one thing , the things of antonine , henry , philip another : the things of the king are those , which he as king possesseth ; the things of antonine , those which he hath as antonine , and those verily he received from the people , the other from his parents . this distinction is frequent in the civill law , wherein the patrimonie of the empire is said to be one thing , of caesar another , the exchequer of caesar one thing , the treasury of the republike another , the treasurer of caesar one person , of the emperiall exchequer another , the courts of sacred donations , others from those of private things ; so that he who as emperour is preferred before a private man in a pledge , may sometimes be placed after him as antonine . likewise in the german empire , things of marimilian of austria are one kinde of things , of maximilian the emperour another ; the treasurers of the empire others , and of himself other from them ; likewise by another law , the hereditaty possession of princes are different , from those which are annexed to the dignities of the electorship . yea , even among the turks the patrimoniall grounds or gardens of selymus are one thing , the fiscall ground another ; and those verily are spent on the princes table , these onely in sustentation of the empire . yet there are kingdoms , as the french , english , and the like , wherein kings have no private patrimonie , but onely the republike received from the people , in which therefore this distinction is not used . now as for the private goods of princes , if there be any , there is no doubt but they are the proprietors of them , no otherwise then private citizens ; and by the civill law they may sell and divide them at their pleasure ; but verily of the exchequer , kingdom , royall patrimony , which is usually called demesnes , they can with no reason be cal●ed the proprietory lords . for what ? whether because one hath made thee a shepheard for his flocks sake , hath he delivered it thee to fley , divide , doe with it , and strike it at thy pleasure ? whether because the people have constituted thee a captain or judge of some citie or county , have they given thee power of alienating , selling destroying that citie or county ? and surely there is made an alienation of the people together with the region or countie , have they therefore given thee authority of severing , prostituting , enslaving them to whom thou wilt ? furthermore , is the royall dignitie a possession , or rather a function ? if a function , what community hath it with a propriety ? if a possession , whether not at least such an one , that the same people by whom it is delivered , may perpetually retain the propriety to it self ? finally , if the patrimonie of the eschequer , or demaines of the republike , be truely called a dower , and truely such a dower , by whose alienation or delapidation both the republike it self and kingdom , and king himself finally perisheth ; by what law at last , shall it be lawfull to alienate this dower ? therefore let wenceslaus the emperour be infatuated , let charles the sixth king of france be distracted , and give or sell the kingdom or a part thereof to the english ; let malchom king of scotland prodigally spend the crown land , and royall treasure , what will follow ? those who have chosen a king against the invasions of forraigners , by the folly or madnesse of the king shall be made the servants of forraigners ; those who by this means would severally desire to secure their estates , shall all of them together be exposed to a prey ; those things which every one shall take from himself or from his pupils , as in scotland , that he might endow the commonwealth , some bawd shall riotously consume . but if , as we have already often said , kings be created for the peoples use , what use at all shall there be , if not onely the use , but even the abuse be granted ? to whose good are so many evils ? to whose benefit so many losses , so many perils ? if , i say , whiles i desire to look after my liberty or safetie , i make my selfe a slave , i expose my selfe to the lust of one man , i put my self into fetters and stocks ? therefore we see this law , as it is infused by nature , so likewise it is approved by use almost among all nations , that it is not lawfull for the king to diminish the commonwealth at his pleasure ; and he who doth contrary , is censured to play not the king , but tyrant . certainly where kings were created , there was a necessity to give them some revenues , by which they might both support their royall state , but most principally sustain the royall burthens , for so both honesty and profit seemed to require . it pertained to the royall office to see judges placed every where , who should not take gifts , and who should not prostitute the law to ●ale ; moreover , to provide a force ready at hand which should assist the law when ever there should be need ; to preserve the wayes safe , commerce safe , &c. but if warre were feared ; to fortifie cities with a garrison , to inviron them with a trench against enemies , to maintain an army , to furnish armories ▪ now this is a know proverb , that peace cannot consist without warre , nor war without souldiers , nor souldiers without wages , nor wages without tribute : therefore to sustaine the burthens of peace , the demesne was instituted , ( which among the lawyers is called canon ) to defray the charges of warre , tribute ; yet so , as if some more heavy charge should accrue , an extraordinary ayde given by parliament should supply ; the end of all which verily , is the good of the commonwealth , so as he that converts it to his private use , is plainly unworthy the name of a king . for a prince , saith paul , is the minister of god for the peoples good , and tributes and customes are paid to him , that he may continually attend thereto ; and truely heretofore almost all customs of the romanes seem to have had this originall , that the precious merchandize used to be brought out of india , arabia , aethiopia might be secured against piraticall invasions , for which cause a navie was furnished ; of which kinde was the tribute of the red-sea , pedatica , navigia , portoria , and the rest ; that the publike wayes , ( which were therefore called pretorian , consular , royall ) should be rendred safe from theeves , plain and easie ; which charge even now lieth upon the kings attorny ; that the publike bridges should be repaired , as appears out of the constitution of lewes the godly ; twelve over seyne ; that ships should be ready at hand to transport men over rivers , &c. there were no tributes of saltpits , yea , most of them were in the dominion of private men ; because what things nature did voluntarily give , they thought ought no more to be sold , then light , ayre , water . and whereas a certain king named lycurgus , had begun to impose a tax on salt pits , as if nature would not suffer her liberality to be restrained , they are said to have been presently dried up ; although at this day , if we beleeve palphur or armilot , whatever good , or faire thing can be got out of the whole sea , in each realme it flowes , some custome to the kings exchequer owes . he who first instituted this custome at rome , was livius censor , whence he obtained the surname of salinator , which he did for the most present necessity of the commonwealth . for that very cause truly , king philip obtained it onely for five yeares , whose continuation what commotions it hath produced , every man knoweth ▪ finally , that tributes were instituted to pay souldiers wages in warres , appeares even from this , that to make a province stipendary or tributary , is the selfe-same thing indeed . thus solomon imposed tributes to fortifie cities , and to furnish a publike armory , which because they were finished , the people under rehoboam desired to be eased thereof : yea , the turkes themselves call the tribute of princes , the sacred blood of the people , which profusely to spend , or to convert to any other use , but to defend the people , is a cursed act . therefore what things soever a king acquires in warres in every nation , because he gaines it by the common treasure , ●e acquires it to the people , not to himselfe , as a factor doth to his master : moreover if perchance he gaine any thing by marriage ( which i say , is pure and simply his wives ) he is thought to acquire it to the kingdome , because he was presumed to marry that wife , not as he is philip or charles , but as he is king. on the contrary , as queenes have part of those things which their husbands not yet co-opted into the kingdome have gained during the marriage ; so plainly they have no part of those things they get after they have obtained the kingdome , because they are reputed gained to the publike treasures , not to the private meanes of the king , which was judged in the realme of france , between philip valoyes and ioan of burgundy his wife . now , lest the monies should be extorted to some other use , the emperour sweares , that he will impose no customes , nor enjoyne no taxes , but by the authority of a publike assembly . the kings of poland , hungary , denmarke , england doe the like out of the lawes of edward the first . the french kings heretofore demanded tributes in the assemblies of the three estates ; hence also is that law of philip valoyes ; that impositions should not be imposed but upon great and urgent necessity , and that by the consent of the three estates : moreover in times past those taxes were laid up in castles throughout every diocesse , and delivered to selected men ( they even now call them elected ) to be kept , by whose hand the soldiers enrolled in every town , should receive their wages , which was also usually done in other countries , as in the belgick ; at this day at least , whatsoever things are commanded , are not confirmed , unlesse the parliament consent . now there are some provinces , which are not bound by covenant , but by the consent of the estates , as languedoc , britain , province , dolphenie , and some others ; and in the netherlands clearly all . finally , lest the eschequer , swelling like the spleen , whereby all the other members do pine away , should draw all things to it self , every where a due proportion is allotted to the eschequer . since therefore at last it appeares , that the tributes , customes , demesall , that which they call demesnes , ( under which names portages , imposts , exposts , royalties , wr●cks , forfeitures , and such like are comprehended ) which are ordinarily or extraordinarily given to kings , were conferred on them for the benefit of the people , and supportation of the kingdome , and so verily ; that if these nerves should be cut in sunder the people would fall to decay , these ●oundation being under-mined , the kingdome must needs fall to the ground ; it truely followes , that he who to the prejudice of the people burthens the people , who reaps a gain out of the publike losse , and so cuts their throat with their own sword , is not a king , but a tyrant : contrarily , that a true king , as he is a survey or of the publike affaires , so likewise an administrator of the publike riches , but not a proprietary lord , who can no more alienate or dissipate the royall demesnes , then the kingdome it selfe ; but if he shall demene himselfe otherwise ; verily as it is behoovefull to the republike , that every one should use his own proper goods well , much more is it beneficiall for the commonweal , that every one should use the publike estate well . and therefore if a lord who prodigally spends his estate , is by publike authority deduced to the wardship of his kinsmen , and family and compelled to abstaine from his possessions ; then truly much more justly , the gardian of the republike , who converts the publike administration of all wealth into the publike destruction , or utterly subverts it , may justly be spoiled , by those whom it concernes , and to whom it belongeth out of office , unlesse he desists upon admonition . now that a king in all lawfull empires is not a proprietary lord of the royall patrimony , is easie to be manifested . that we may not have recourse to those most ancient ages , whose image we have in the person of ephron king of the hittites , who durst not verily fell his field to abraham , without the peoples consent ; that very law is at this day used in all empires . the emperour of germany before he is crowned , sacredly swears , that he will alienate , distract , or morgage nothing of those things which appert un to the empire , and the patrimony of the empire ; but if he recovers or acquires any thing by the publike forces , that it shall come to the empire , not to himself . therefore when charles the fourth , that wenceslaus his sonne might be designed emperor , had promised an crowns to every one of the electors , and because he had no ready monies , had obliged to them by way of pawne to this end , the imperiall customs , tributes , townes , proprieties and rights ; there arose a most sharp dispute about it , and the most judged the morgage to be void ; which verily had not availed , unlesse that morgage had been gainfull to those very men , who ought to defend the empire , and principally to oppose that morgage : yea , therefore wenceslaus himself was compelled , as incapable , to deprive himself of the empire , because he had suffered the royall rights , especially the dukedome of millain to be taken from him . in the polish kingdom there is an ancient law , of not alienating the lands of the kingdom of poland , renewed an. m. ccclxv by king lewes : there is the same law in the realm of hungary , where we reade , that andrew king of poland , about the year m. ccxxi . was accused before pope honorius the third , that neglecting his oath , he had alienated the crown lands . the like in england in the law of k. edward , an. m. ccxcviii . likewise in spain by the constitution made under alphonso , renewed again mdlx in the assembly at toledo ; which lawes verily were enacted , when as custome for a long time before had obtained the force of a law. but verily in the kingdome of france , wherein , as in the pattern of the rest , i shall longer insist , this law was ever sacrosanct : it is the most ancientest law of the realme , i say , the law born with the kingdom it self , of not alienating the crown ( or demesne ) lands , renewed in the year m , d , . although it be ill observed . two cases onely are excepted , panage or apennage ( aliments ) to be exhibited to his children or brethren , yet so as the clientelary right be alwayes retained ; again , if warlike necessitie require it , yet with a pact of reddition , yet in the interim both of them were heretofore reputed void , unlesse the assembly of the three estates had commanded it ; but at this day , since a standing parliament was erected , it is likewise void , unlesse the parliament of paris , which is the senate of peers , and the chamber of publike accounts shall approve it , and the presidents of the eschequer also by the edict of charles the and . and this is so farre forth true , that if the ancient kings of france would endow any church , although that cause then seemed most favourable , they were bound to obtain the consent of the nobles ; as king childebert may be for an example , who without the consent of the french and normans , durst not endow the monastery of s. vincents in paris , as neither clodovess the second , and the rest . moreover , they cannot release the royalties , or the right of nominating prelates to any church ; but if any have done it , as lewes the eleventh in favour of the church of sennes , and philip the fourth of augiers , philip augustus of naverne , the parliament hath pronounced it void . the king of france , when he is to be crowned at rheimes , sweares to this law , which if he shall violate , it avails as much as if he contracted concerning the turkish or persian empire . hence the constitutions , or as they call it , the statutes of philip the sixt , iohn the d , charles the fift , sixt , eight , of resuming those things which were alienated by their ancesto●● ( of which resumptions there are many instances cited by hugo grotius de iure 〈◊〉 & pacis , l. . c. . n. . . & adnotata ibid. ) hence in the assembly of the three estates at towres ( an. . . . . . ) in which charles the eight was present , many towns of the alienation of lewes the eleventh his father , which he had by his own authoritie given to tancred castellan , who demerited well of him , were taken from his heirs ; which even in the last assembly of the three estates held at orange , was again decreed . thus concerning publike lands . but that it may the more evidently appeare , that the kingdome is preferred before the king , that he cannot by his private authoritie diminish the majestie which he hath received from the people , nor exempt any one from his empire , nor grant the right of the soveraign dominion in any part of the realm ; charles the great once endeavoured to subject the realm of france to the german empire ; but the french vehemently withstood it , a certain vascon prince making the oration : the matter had proceeded to arms , if charles had proceeded further . likewise , when some part of the realm of france was delivered to the english , the supreme right was almost perpetually excepted ; but if force extorted it at any time , as in the brittish league , wherein king iohn released his soveraign right in gascoigne and poytiers , the king neither kept his contract , neither could or ought he more to keep it , then a captain , tutor or guardian , as then he was ; who that he might redeem himselfe , would oblige the goods of his pupils . by the same law the parliament of paris rescinded the agreement of the flusheners , wherein charles of burgundy extorted ambian , and the neighbour cities from the king ; and in our time the agreement of of madrit , between francis the first a captive , and charles the fift the emperour , concerning the dukedome of burgundy was held void ; and the donation of charles the sixt of the kingdom of france by reason of death , conferred on henry king of england , may be one apt argument of his extreme madnesse , if others be wanting . but that i may omit other things which might be said to this purpose , by what right at last can a king give or sell his kingdom or any part thereof , seeing they consist in the people , not in the walls ? now there is no ●ale of free men , when as land-lords cannot so much as constrain their free tenants , that they should settle their houshold in any other place then where they please ; especially seeing they are not servants , but brethren ; neither onely are all kings brethren , but even all within the royall dominion ought to be so called . but whether if the king be not the proprietorie of the realme , may he not at least be called the usufructuary , or receiver of the profits of the crown lands ? truely , not so much as an usufructuary . a usufructuary can pawn his lands , but we have proved , that kings cānot morgage the patrimony of the crown . a fructuary can dispose or give the profits at his pleasure ; contrarily , the great gifts of the king are judged void , his unnecessary expences are rescinded , his superfluous cut off ; what ever he shall convert into any other but the publike use , he is thought to have violently usurped . neither verily is he lesse obliged by the cincian law , then any private citizen among the romanes , especially in france where no gifts are of force without the consent of the auditors of the accounts . hence the ordinary annotations of the chamber under prodigall kings ; this donation is too great , and therefore let it be revoked . now this chamber solemnly swears , that whatsoever rescript they shall at any time receive from the king , that they will admit nothing which may be hurtfull to the kingdom and commonweale . finally , the law cares not how a fructuary useth and enjoyeth his profits ; contrarily , the law prescribes the king in what manner , and unto what use he ought to put them . therefore the ancient kings of france were bound to divide the rents into four parts ▪ one part was spent in sustaining the ministers of the church , and the poor , another upon the kings table , the third on the wages of his houshold servants , the last in the repaire of royall castles , bridges , houses ; the residue , if there were any , was laid up in the treasury . verily what stirs there were about the year in the assembly of the three estates at paris , because charles the sixt had converted all things into his and his officers lusts , and that the domestick accounts , which before had not exceeded thousand french crowns in such a miserable estate of the republike , had increased to the sum of five hundred and forty thousand crowns , is sufficiently evident out of histories : now as the rents of the crown were thus lessened , so also the oblations and subsidies were spent upon the warre , as the taxes and tallages were onely destinated to the stipends of souldiers . in other realms the king verily hath not any more authority , yea , in most he hath lesse , as in the germane and polish empire : but we would therefore prove this to be so in the realm of france , lest by how much any man dares to doe more injury , by so much also he might be thought to have more right . in summe , what we have said before , the name of a king sounds not an inheritance , not a propriety , not a perception of profits , but a function , a procuration . as a bishop is instituted for the cure and salvation of the soul , so the king of the body , in those things which pertain to the publike goods ; as he is the dispenser of sacred goods , so the king of prophane , and what power he hath in his episcopall , the same , and no greater hath the king in his dominicall lands ; the alienation of the episcopall lands without the consent of the chapter , is of no validitie , so neither of the crown land without a publike parliament or senate of the estates ; of sacred revenews one part is designed to aedifices , another to the poor , a third to companions , a fourth to the bishop himself ; the same verily almost we see the king ought to do in dispensing the revenewes of the kingdom . it hinders not , that the contrary every where is at this day usurped : for the duty of bishops is not any way changed , because many bishops sell those things from the poor , which they spend upon bawds , or wast all their mannors and woods ; nor yet that some emperours have attributed all kinde of power to themselves , for neither can any one be judge in his own cause . but if any cararalla hath said , that so long as his sword remains , he would want no money ; adrianus caesar will also be p●esent , who shall say , that he would manage the principality , so as all should know , that it was the peoples goods , or inheritance , not his own ; which one thing almost distinguisheth a king from a tyrant : not , that attalus king of pergameni , ordained the people of rome ●eirs of his realme ; that alexander bequeathed the kingdom of aegypt , ●tolomie of the cyrenians , to the people of rome , or prasutagus of the ●ceni to caesar ▪ verily this great power cannot debilitate the force of the law , yea , by how much the greater it is , by so much the lesse it hurts our law ; for what things the romanes seized upon by pretext of law , they wou●● notwithstanding have seized on by force , if that pretext had been wanting : yea , we see almost in our ●imes , the venetians , by pretext of a certain imaginary adoption , which without force had been plainly ridiculous , to have taken the kingdom of cyprus . nor yet doth the donation of ●onstantine to pope sylvester hinder , for this chaffe seemed absolete long since to gratian , and is damned to the fire . not the donation of lewes the godly to pas●hall , to wit , of rome , with part of italy because pius gave that which he possessed not , and no man resisted ; but charles , his father , willing to subject the realm of france to the german empire , the french resisted him by law ; and if he had gone further , they prepared to resi●● by force not , that solomon as we read , delivered twenty cities to hiram king of tyre , for he did not give them , but pawned them as a creditor till he paid him , and within a short time recovered them , which appears out of the text ; moreover also they were barren grounds , tilled by reliques of the heathens , which he receiving again from hiram , gave them at last to the israelites to be tilled and inherited . neither can this more hinder , that in certain kingdoms this condition perchance doth not so expresly intervene betweene the king and his people ; for albeit it were not at all , yet it appears by the law of nations , that kings are not subverters , but moderators of the republike , that they cannot change the right of the commonwealth by their pactions ; that they are lords onely when they take care of their pupils , that they are to be accounted no other then guardians ; and that he is not to be esteemed a lord , who spoils the city with liberty , and selleth it like a slave . not finally , that certain kingdoms are gained by kings themselves , for they acquired not kingdoms by their owne , but by publike hands , forces , treasures ; now nothing is more consonant to reason , then that those things which are gotten by the publike riches , and common dangers of the citizens , should not be alienated without common consent , which holds place even amongst theeves themselves ; he destroyeth humane society , who doth the contrary : therefore though the french have by force seized on the german empire , and they also on the realm of france , yet the same law holds in both . in sum , at last we ought to determine , that kings are not proprietors , nor fructuaries , but onely administratours ; and since it is so , that verily they can much lesse attribute to themselves the propriety and profits of every mans private estate , or of the publike wealth which belongeth to every town . thus and much more this accute learned lawyer , to the conviction and refutation of all opposite ignoramusses in this case of grand concernment , which will put a period to our unhappy controversies concerning the militia , ( formerly discussed ) without further debate . eighthly , that emperours and kings are most solemnly obliged by a covenant and oath , usually made to , and before all the people at their coronations , to preserve their peoples lawes , liberties , lives , estates ; by breach whereof in a wilfull excessive manner , they become perjured tyrants , and the people and magistrates are in some sort thereby absolved from their allegiance , and all obedience to them . this is evidently and plentifully confirmed by the forecited coronation oathes , and covenants of our own english kings to their subjects , by de iure magistratus in subdit●s , q●aest . . p. . . and quaest . p. . to . andrew favine his theatre of honour , lib. . c. . . francisci hotomani franco-gallia , cap. . . &c. hugo grotius de iure belli & pacis , . . c. . . pontifi●ale romanum , rome . fol. . . descriptio coronationis maximiliani imperatoris , anno . inter rerum german scriptores , tom. . p. . olaus magnus de gent. septentrionalibus hist. l. . c. . laur , bochellus decreta ecclesiae gallicanae , l. . tit. . c. . p. . m. iohn seldens titles of honour part . . ch . . sect . . p. . . . . ( where the coronation , oathes of the emperour , french king , of all the northern kings , and of most elective and successive kings and queens to their subjects , are at large recorded : ) alhusius polit. c. . iustus eccardus de lege regia ; thomas aquinas de reg. principis , c. . & . qu. ae . . art . . iohn ponet bishop of winchester in his politicall government . arnisaeus de authoritate principum , p. . to . sparsim . vesquius contro . illustr . passim . ioannis mariana de rege & regis instit. l. . c. . . . georg. bnchanon de lure regni apud scotos . simancha pacensis de catholica . instit. tit. . n. p. . franciscus tolletus in summa l. c. . huldericus zuinglius ; explan . artic. . . . and , to omitall others , iunius brutus in his vindiciae contra tyrannos , quaest . . p. . to . with whose words i shall fortifie and irradiate this position : we have said , that in constituting a king a double covenant is entred into ; the first between god , the king and people , of which before ; the second , between the king and the people , of which we are now to treat . saul being ordained king , the royall law was delivered to him , according to which he should rule . david made a covenant before the lord in hebron ; that is , calling god to witnesse , with all the elders of israel , who represented all the people , and then at last he was annointed king . ioas also made a covenant with all the people of the land in the house of the lord , iehoiada the high priest going before them in words : yea , the testimony is said to be imposed on him together with the crown ; which most interpret the law of god , which every where is called by that name . likewise iosiah promised , that he would observe the precepts , testimonies and statutes comprized in the book of the covenant ; by which names we understand the lawes which appertained as well to piety as to justice . in all which places of scripture , a covenant is said to bee made with all the people , the whole multitude , all the elders , all the m●n of iudah ; that we may understand , which is likewise severally expressed , not onely the princes of the tribes , but likewise all the chiliarkes , centurions , and inferior magistrates were present , in the name of the cities , which every one a part by themselves made a covenant with the king . in that covenant they consulted of creating the king , for the people did make the king , not the king the people . therefore there is no doubt , but the people made the covenant , and the king promised to perform it . now the part of him that makes the covenant is reputed the better law : the people demanded of the king , whether he would not rule justly and according to the lawes ? hee promised that he would doe so : wherupon the people answered , that hee reigning justly , they would faithfully obey him . therefore the king promised obsolutely ; the people , but upon condition ; which if it were not fulfilled , the people by the law it selfe should bee reputed absolved from all obligation . in the first covenant or pact , pietie comes into the obligation , in the second , iustice : in that , the king promiseth , that he will seriously obey god ; in this , that he will justly rule the people : in that , that he will take care of the glory of god ; in this , of the benefit of the people ; in that there is this condition , if thou shalt observe my law ; in this , if thou shalt render iustice to every one : of that , if it be not fulfilled , god properly is the avenger ; of this , lawfully all the people , or the peers of the realm , who have taken upon them to defend all the people . now in all just empires , this hath been perpetually observed . the persians having duely finished their sacrifices , made this agreement with cyrus , thou first , o cyrus , if any make warre with the persians or violate the lawes , doest thou promise to ayde thy countrey with all thy might ? and as soon as he had promised , we persians , say they , will be aiding to thee , if any will not obey thee , defending they countrey : xenophon calls this agreement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , a confederation , as socrates an oration of the duty of subjects towards their prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : between the kings of sparta and the ephori , a covenant was renewed every month ; and as the kings did swear , that they would reign according to the laws of the countrey ; so the ephori , if they did so , that they would establish the kingdom in their hand . likewise in the kingdom of the romanes , romulus made this contract with the senate and people , that the people should make lawes , that the king himself would keepe the lawes made ; that the people should decrée warre , himself wage it . and although many emperours obtained the empire of the romans rather by force and ambition , then by any right , and by the royall law , as they call it , arrogated all kinds of power to themselves ; yet the* fragments of that law , which are extant as well in books as in roman inscriptions , sufficiently reach ; that a power was granted them , of caring for and administring , not of subverting the common-weal and oppressing it by tyranny . moreover , even good emperours professed , that they were bound by the lawes , and acknowledged their empire received from the senate , and referred all the weigh●iest affaires to the senate , and they judged it unlawfull to determine any thing of great publike concernment without their aduice . but if wee behold the present empires , there is not one of them which may be thought worthy of that name , wherein there is not some such covenant intervening between the prince and subiects . in the german empire , not long since , the king of romanes being to be crowned emperour , was wont to make fealty and homage to the empire , no otherwise then a vassall ( or tenant ) to his lord , when he received investiture of his lands . and although the conceived words , to which he sware , be a little changed by popes , yet the same thing remains perpetually . therefore we know that charles the . of austria was created emperour upon certain lawes and conditions , as likewise others , who have succeeded him ; of which the summe was ; that he would keep the lawes enacted ; that he would make no new lawes , without the electors consents ; that he would determine publike affaires in a publike counsell ; that he would altenate or pervert none of these things which pertained to the empire ; with other things which are severally recited by historiagraphers : and when as the emperour is crowned at achen , the archbishop of colen first demands of him ; whether he will not defend the church , administer justice , preserve the empire , protect widowes , orphans , and all worthy of pitty ? which when he hath solemnly sworn to perform before the altar , the princes and those who represent the empire , are demanded , whether they will promise to fealty him ? neither yet is he first annointed , or receives a sword , ( of purpose to defend the republike ) or other ensignes of the empire , before that he shall have taken that oath . from whence verily it is manifest , that the emperour is purely obliged , the princes of the empire upon condition onely . no man will doubt but that the same is observed in the kingdom of poland , who shall understand the ceremonies very lately observed in the election and coronation of henry of angiers : especially , the condition propounded to him of conserving both religions , as well the evangelicall as roman , which the nobles thrice demanding of him in set forme of words , he thrice promised to perform . in the hungarian , bohemian , and other kingdomes , which would be over-long to recite , the very same is done . neither onely , where the right of election hath continued yet entire hitherto , but likewise where meer succession is commonly thought to take place , the very same stipulation is wont to intervene . when the king of france is crowned , the bishops of laudune and belvace ecclesiasticall peers , first demand of all the people that are present , whether they desire and command him to be king ? whence even in the very forme it self of inauguration , he is said to be elected by the people . when the people seem to have consented , he sweares : that he will universally defend all the lawes , priviledges , and rights of france , that he will not alienate his demesnes , and the like ( i shall here insert the oath out of bochellus , mr. selden , and others intirely , thus : archiepiscopt ammonitio ad regem dicendo it a ( in the name of all the clergy . ) a vob is perdonari petimus , ut vnicuique de nobis & ecclesis nobis commissis , canonicum privilegium , & debitam legem atque justitiam conservatis , & defensionem exhibeatis , sicut rex in regno suo debet unicuique episcopo , & ecclesiae sibi commissae . responsio regis ad episcopos . promit to vobis & perdono , quia vnicuique de vobis & ecclesiis vobis commissis canonicum privilegium , & debitam legem atque justitiam conservabo , & defensionem quantum potuero exhibebo , domino adjuanente , sicut rex in suo regno unicuique episcopo & ecclesiae sibi commissae per rectum exhibere debet . item● haec dicit rex , & p●omittit & firmat juramento . haec populo christiano & mihi jubdito , in christi nomine , promitto : in primis , vt ecclesiae dei , omnis populus christianus veram pacem nostro arbitrio in omni tempore servet ; & superioritatem , jura , & nobilitates coronae franciae inviolabiliter custodiam , et illa nec transport abo nec alien abo . item , ut omnes repacitates & omnes iniquitates omnibus gradibus interdicam . item , ut in omnibus judiciis aequitatem & misericordiam praeoipiam , ut mihi & vobis indulgeat persuam misericordiam cl●mens & misericors dominus . item , de terra mea ac jurisdictione mihi subdita universos haereticos ecclesia denotatos , pro viribus bona fide exterminare studebo . haec omnia praedicta firmo juramento . tum manum apponat libro & librum osculetur ) these things , though they have been altered , and are farre different from the ancient forme of the oath which is extant in the library of the chapter of belvace , to which philip the first is found to have sworn ; yet notwithstanding they are plainly enough expressed : neither is the king girt with a sword , annointed , crowned by the peeres ( who even themselves are adorned with coronets ) or receives the scepter or rod of iustice , or is proclaimed king , before the people have commanded it ; neither doe the peeres themselves swear fealty and homage to him , untill he shall have given his faith unto them , that he will exactly keep the lawes : now those are , that hee shall not waste the publike patrimony : that he shall not impose nor enjoyn customes , taxes , tributes at his owne pleasure , nor deneunce warre , or make peace ; finally , that he shall determine nothing concerning the publike affaires , but in a publike councell : also , that the senate , the parliaments , the officers of the kingdome shall constantly enjoy their severall authorities ; and other things which have been alwayes observed in the realm of france . yea verily , when he enters into any province or city , hee is bound to confirm their priviledges , and he binds himselfe by oath to preserve their lawes and customes : which custome takes place by name among those of tholouse dolphenie , britanny , province and rochel ; whose agreements with kings are most expresse ; all which should be frustrate unlesse they should be thought to hold the place of a condition in the contract . yea charles the . made a peace with philip duke of burgundy ( whose father iohn he had ●reacherously slain ) with this expresse clause contained in it , confirmed with the kings own seale ; that if he should break this agreement , his tenants , feudataries ; and subjects present and to come , should not be thence forth bound either to obey or serve him , but rather the duke of burgundy and his successours , and that they should be freed and absolved from all the fealty , oathes , promises , obligations and duties whatsoever , under which they were formerly obliged by charles . the like we read between king lewis and charles the bald. yea , pope iohn the . in the treaty between philip the long of france , and the fl●mmings , caused it to be set downe , that if the king did infringe the treaty , it might be lawfull for his subjects to take armes against him ; and if was usuall among the first kings of france in their treatises with other princes , to sweare , that if they brake the treaties made by them , their subjects shall be free from their obedience , as in the treaty of arras and others . the oath of the ancient kings of burgundy is extant in these words , i will conserve law , justice , and protection to all men . in england , scotland , sweden , donmarke , there is almost the same custome as in france , and verily no where more directly then in spain . for in the kingdome of arragon , many ceremonies being dispatched between him who represents the justice of arragon , or publike majesty , who sits in an higher throne , and having read the lawes and conditions , which he is to observe who is to be crowned king , who both fealty and homage to him , the nobles at last speake thus to the king in their owne language ; we , who are as powerfull as you , ( for so the spanish idiom imports ) and can doe more then you ▪ have chosen you king upon these and these conditions , between you and us there reignes one greater then you ; ( to wit , the iustice of arragon . ) now lest he should think he had sworn those things onely perfunctorily , or onely for to observe the old custome , these very words are wont to be repeated every third yeere in the publike assembly : but if he shall grow insolent trusting to his royall power , shall violate the publike lawes , finally , shall neglect the oath he hath taken ; then verily by the law it selfe , he is deemed excommunicated with that grandest excommunication ( or anathema ) wherewith the church in former times excommunicated iulian the apostate ; whose force truly is such ; that no more prayers may be conceined for him , but against him ; and they themselves are clearly absolved from their oath and obligation by that law , whereby a vassall out of duty ought not to obey an excommunicated lord , neither is bound to do it by his oath ; which is ratified among them by the decree both of a councell , and of a parliament or publike assembly . likewise in the kingdome of castile , an assembly being summoned , the king that is to be crowned , is first publikely admonished of his duty ; after which , most expresse conditions are read , which pertaine to the profit of the republike : then the king sweares , that he will diligently and faithfully observe them ; then at last the great master of the knights binds himselfe to him by oath , whom the other princes and deputies of cities afterwards follow every one in his order ; which also is in like manner observed in portugall , leon , and the other kingdomes of spain . neither verily , were lesser principalities instituted by any other law. there are extant most expresse agreements of the brabanders , of the other people of belgia , austria , carintha , and other provinces , made with their princes , which verily have the place of conditions ; but the brabanders expresly , that place might not be left to any ambiguity , have expressed this condition . for in inaugurating their duke , in ancient conventions , wherein there is almost nothing wanting for the preservation of the republike , they being all read over before the duke , they protest openly and plainly to him , that unlesse he shall observe them all , that it shall be free for them to chuse another duke at their pleasure : which conditions he embracing and willingly acknowledging , he then binds himselfe by oath to observe them , which was also observed in the inauguration of philip the last king of spaine , in sum , no man can deny , but that there is a mutuall binding contract between the king and subjects , to wit , that he raigning well , shall be well obeyed : which verily is wont to be confirmed with an oath by the king first , afterwards by the people . now verily i demand here , why any man should sweare , but that he may shew that he speaks from his heart and seriously ? whether truly is there any thing more agreeable to nature , then that those things which have pleased us , should be observed ? moreover , why doth the king swear first , at the peoples stipulation or request , but that he may receive either a tacit or expresse condition ? but why is a condition annexed to a contract , but onely to this end , that if it bee not fulfilled , the contract should become voide in law it selfe ? but if through default of performing the condition , the contract be voide in law it selfe , who may call the people perjured , who shall deny obedience to a king , neglecting that condition which hee might and ought to fulfil , & violating that law to which he hath sworn ? yea , who on the contrary would not account the king faedifragous , perjurious & altogether unworthy of that benefit ? for if the law freeth the vassal from the bond of his tenure , against whom the lord hath committed felony or perjury , although the lord truly doth not properly give his faith to his vassall , but his vassall to him : if the law of the twelve tables commands a patron who defrauded his client to be detestable : if the civil laws permit a villain enfranchised an action against the outragious injury of his lord ; if in these cases they free a servant himself from his masters power , wheras yet there is only a naturall not civill obligation therein , ( i shall adde out of dejure magistratus in subditos . if in matrimony , which is the nearest and strictest obligation of all other between men , wherin god himselfe intervenes as the chief author of the contract , and by which those who were two are made one flesh , if the one party forsakes the other , the apostle pronounceth the party forsaked to be free from all obligation , because the party deserting violates the chief condition of marriage , &c. ) shal not the people be much more absolved from their allegiance which they have made to the king , if the king , who first solemnly sweares to them , as a steward to his lord , shall break his faith ? yea verily whether if not these rights , not these solemnities , not these sacraments or oathes should intervene , doth not nature it selfe sufficiently teach , that kings are constituted by the people , upon this condition , that they should reign well ? iudges , that they shall pronounce law ? captaines of warre , that they should lead an army against enemies ? but and if so be they rage , offer injury , so as themselves are made enemies , as they are no kings , so neither ought they to be acknowledged by the people . what if thou shalt say , that some people subdued by force , the prince hath compelled to swear to his commands ? what , say i , if a thiefe , a pyrate , a tyrant , with whom no society of law or right is thought to be , should with a drawn sword violently extort a deed from any one ? is it not known , that fealty extorted by force bindeth not , especially if any thing be promised against good manners , against the law of nature ? now what is more repugnant to nature , then that a people should lay chaines and fetters upon themselves , then that they should lay their own throats to the sword ? then that they should lay violent hands upon themselves ? ( or which is verily the same thing ) promise it to the prince ? therefore there is a mutuall obligation between the king and people , which whether it be only civill or naturall , tacit , or in expresse words , can be taken away by no agreements , violated by no law , rescinded by no force : whose force only is so great , that the prince who shall contemptuously break it , may be truly called a tyrant , the people who shall willingly infringe , it seditious : so this grand accute lawyer determines . i shall close up this with the unanimous resolutions and notable decree of the united netherland provinces . anno dom. . declaring philip king of spain to be fallen from the seigniorie of the netherlands for his tyranny and breach of oath , which is thus recited by grimstone , and recorded in his generall history of the netherlands , page , to . in the alterations which happen sometimes in an estate betwixt the soveraigne prince and a people that is free and priviledged , there are ordinarily two points , which make them to ayme at two divers ends : the one is , when as the prince seeks to have a full subjection and obedience of the people , and the people contrariwise require , that the prince should maintaine them in their freedomes and liberties , which he hath promised and sworne solemnly unto them , before his reception to the principalitie . thereupon quarrels grow : the prince will hold a hard hand , and will seek by force to bee obeyed ; and the subjects rising against the prince , oftentimes with dangerous tumults , rejecting his authority , seek to embrace their full liberty . in these first motions there happen sometimes conferences , at the instance of neighbours , who may have interest therin , to quench this fire of division betwixt the prince and his subjects . and then if any one of the parties groweth obstinate , and will not yeeld , although he seeme to be most in fault , it followeth of necessity , that they must come to more violent remedies , that is to say to armes . the power of the prince is great , when hee is supported by other princes , which joyn with him for the consequence of the example , else it is but small : but that of the people ( which is the body , whereof the prince is the head ) stirred up by conscience ( especially if the question of religion be touched ) the members ordained for their function , doing joyntly their duties , is farre greater . thereupon they wound they kill , they burne , they ruine , and grow desperately mad : but what is the event ? god ( who is an enemy to all tyranny and disobedience ) judgeth quarrels , weigheth them in his ballance of justice , helping the rightfull cause , and either causeth the prince for his rigour and tyranny to be chased away , and deprived of his estate and principality ; or the people for their contempt and rebellion are punished and reduced unto reason ; which causeth the alterations to cease , and procureth apeace : whereof we could produce many examples , both antient and moderne , if the relation of this history did not furnish us sufficiently . so the generall estates of the united provinces , seeing that king philip would not in any sort ( through his wilfulnesse ) yeeld unto their humble suite and petitions ; and notwithstanding all the offers they could make to purchase a good , firme , and an assured , peace , ( notwithstanding all the intercessions both of the emperour , the french king , the queen of england , and other great princes and potentates of christendom ) yet would he not give eare to any other reason , but what himselfe did propound : the which the said estates did not only find unjust and unreasonable , directly repugnant to their liberties , constitutions , and freedomes of the countrey ; but also contrary to their consciences , and as it were so many snares layed to catch them , which were in no sort to be allowed of , nor received , considering the qualitie of their affair and his , according to the time . in the end , rejecting all feare of his power and threats , seeing they were forced to enter into all courses of extremity against a prince , which held himselfe so hainously offended , as no reconciliation could be expected , relying upon the justice and equitie of their cause , and sinceritie of their consciences ( which are two brazen bulwarks ) they were fully resolved ( without dissembling ) to take the matter thus advanced in hand , and opposing force against force , meanes against meanes , and practises against practises , to declare him quite fallen from the seigniorie , preheminence , and authority , which before the troubles , the breach of their priviledges , right , freedomes , and immunities , so often and so solemnly sworne by him , and dispensation of his oaths , he had or was wont to have in the said provinces respectively . whereof they made open declaration by a publick edict , the tenour whereof followeth . the generall estates of the united provinces of the netherlands , to all those that these presents shall see , reade , or heare , greeting as it is well known unto all men , that a p●ince and lord of a countrey is ordained by god , to be soveraign and head over his subjects , and to preseveve and defend them from all injuries , force , and violence , even as a shepheard for the defence of his sheep , and that the subjects are not created by god for the prince , to obey him in all he shall command , bee it with god , or against him , reasonable or unreasonable , nor to serve him as slaves and bondmen ; but rather the prince is ordained for his subjects ( without the which he cannot be a prince ) to governe them according unto equity and reason , to take care for them , and to love them even as a father doth his children , or a shepheard his sheep , who putteth both his body and life in danger , to defend and preserve them . if the prince therefore faileth herein , and in stead of preserving his subjects , doth outrage and oppresse them , depriveth them of their priviledges and ancient customes , commandeth them , and will be served of them as of slaves , they are no longer bound to respect him as their soveragn prince and lord , but to esteem of him as a tyrant ; neither are the subjects ( according unto law and reason ) bound to acknowledge him for their prince ; so as without any offence , being done with deliberation and the authority of the estates of the countrey , they may freely abandon him , and in his place chuse another for their prince and lord , to defend them : especially , when as the subjects by humble suit , intreatie , and admonitions , could never mollifie their princes heart , nor divert him from his enterprises an tyrannous designes : so as they have no other meanes left them to preserve their antient libertie , their wives , children and posterity , for the which ( according to the lawes of nature ) they are bound to expose both life and goods ; as for the like occasions , we have seene it to fall out often in divers countries , whereof the examples are yet fresh in memory . the which ought especially to bee of force in these countries , the which have alwayes been and ought to be governed , according , unto the oath taken by their princes , when they receive them , conformable to their priviledges and antient customes , having no power to infringe them : besides that , most part of the said provinces have alwayes received and admitted their princes and lords upon certaine conditions , and by sworn contracts ; the which if the prince shall violate , hee is by right fallen from the rule and superiority of the countrey . so it is , that the king of spaine ( after the decease of the emperour charles the fifth , his father of famous memory , from whom all these countries were transported unto him ) forgetting the services , which as well his father as himselfe had received of these countries , and the inhabitants thereof , by the which especially the king of spain had obtained such glorious and memorable victories against his enemies , as his name and power was renowned and feared throughout all the world ; forgetting also the admonitions which his said imperiall majesty had heretofore given him : and contrariwise , hath given eare , beliefe , and credit unto them of the councell of spain which were about him ; the said councell having conceived a secret hatrrd against these countries and their liberties ( for that it was not lawfull for them to command there , and to govern them , or to merit among them the chiefe places and offices , as they doe in the realm of naples , sicilie , millaine , at the indies , and in other countries which are subject to the kings command , being also moved thereunto by the riches of the said countries , well knowne to the most of them : ) the said councell , or some of the chiefe of them , have oftentimes given the king to understand , that for his maiesties reputation and greater authority , it were better to conquer the netherlands anew , and then to command absolutely at his pleasure , than to govern them under such conditions , which he at his reception to the seigni●ry of the said countries had sworn to observe . the king of spain following this counsell , hath sought all meanes to reduce these countries ( spoiling them of their ancient liberties ) into servitude , under the government of spaniards : having under pretext of religion sought first to thrust in new bishops into the chiefe and greatest townes , indowing them with the richest abbeyes , adding to every bishop nine chanons to serve him as councellors , wherof three should have a special charge of the inquisition . by which incorporation of the said bishops , being his creatures , and at his devotion ( the which should happily have been chosen as well of strangers , as of them which were born in the country ) they should have the first place and the first voyce in the assemblies of the estates of the country . and by the adiunction of the said chanons , had brought in the inquisition of spain , the which had also bin so abhorred , and so odious in these countries , even as slavery it selfe , as all the world doth well know : so as his imperiall maiesty having once propounded it unto these countries , upon due information given unto his maiesty , ceased from any more speech thereof , shewing therein the great affection which he bare unto his subiects . yet notwithstanding divers declarations which were made unto the king of spain , as well by the provinces and townes in particular , as by some other of the chiefe noblemen of the country , namely , by the baron of montigny , and afterwards by the earle of egmont , who by the consent of the dutchesse of parma ( then regent of the said countries ) by the advice of the councell of estate , and of the generalty , had to that end been successively sent into spain : and notwithstanding that the king had by his own mouth given them hope , that ( according to their petitions ) hee would provide for the contentment of the country ; yet that he had since by his letters done the contrary , commanding expresly , and upon pain of his indignation , to receive the new bishops presently , and to put them in possession of their new bishopricks and incorporated abbeyes , to effect the inquisition , where they had begun to practise it , and to observe the decrees and canons of the councell of trent , the which in divers points doe contradict the priviledges of the countrey . the which being come to the knowledge of the commons , hath given just occasion of so great an alteration among them , and greatly diminished the love and affection , the which ( as good subjects ) they had alwayes borne unto the king , and to his predecessours . for they called chiefly into consideration , that the king not onely pretended to tyrannize over their persons and goods , but also upon their consciences , whereon they held themselves not to be answerable , not bound to give account to any one but to god only . for this cause and for the pitty they had of the poor people , the chiefe of the nobility did in the yeare . exhibit certain admonitions by way of a petition , beseeching him , that for the pacifying of the commons , and to avoid all tumults and seditions , it would please his majesty , ( shewing the love and affection , which as a mild and mercifull prince he bare unto his subjects ) to moderate the said points , and especially those which concerned the rigorous inquisition , and punishment for matters of religion . and to informe the king more particularly thereof , and with more authority , and to let him understand , how necessary it was for the good and prosperity of the countrey , and for the maintenance of peace and tranquility , to abolish and disannull those innovations , and to moderate the rigour of publike edicts , for matter of religion ; the said marquesse of berges and baron of montigny , at the request of the said lady regent , the councell of estate , and the generall estates of all the countries , went into spain as embassadors : whereas the king , instead of giving them audience , and to prevent the inconveniences delivered by them , ( the which , for that they were not redressed in time , as urgent necessity required , began in effect to discover themselves throughout the whole countrey ) by the perswasion and advice of the councell of spain , hee hath caused all them to be proclaimed rebels , and guilty of high treason , and to have forfeited body and goods , that presented the said petition . and moreover ( thinking himselfe to be fully assured of the countrey , by the forces of the duke of alva , and to have reduced them under his full power and subiection ) he had afterwards , against the lawes of nations , ( the which have been in all ages inviolably observed , yea among the most barbarous and cruell nations , and most tyrannous princes ) imprisoned , and caused the said noblemen embassadors to be put to death , confiscating all their goods ▪ and although that all this alteration ( which had hapned in the yeare . upon the foresaid occasion ) was in a manner pacified by the regent and her councell , and that the greatest part of them which had presented themselves unto her for the liberty of the countrey , were retired , or chased away , and the rest brought under obedience : yet not to lose the opportunity which the councell of spain had long expected ( as it appeared plainly the same yeere . by letters intercepted , which were written by the embassador alana to the duchesse of parma ) to have meanes under some pretext to overthrow all the priviledges of the country , and to govern them tyrannously by the spaniards ( as they did the indies and other countries which had been newly conquered by them ) he by the advice and councell of the said spaniards ( shewing therein the small affection which he bare unto his subiects of these countries , contrary unto that whereunto he was bound , as their prince , protector and good shepheard ) sent into these countries the duke of alva , very famous for his rigour and cruelty , and one of the chiefe enemies of these countries , with a councell of the same humour and disposition . and although that the said duke of alva entred with his army into this countrey , without any let or opposition , and was received of the poore inhabitants with all reverence and honour , expecting all mildnesse and clemencie , according unto that which the king had so often promised by his letters fainedly written ; yea , that he was resolved to come himselfe in person into the countrey , and to order all things to every mans content ; the said king having besides all this ( at the very instant of the duke of alva his departure ) caused a fleet of ships to be armed in spaine , to bring him hither , and another in zeeland to goe and meet him ( as the bruite was ) to the great charge of the countrey , the better to abuse his poore subjects , and to draw them more easily into his snares : notwithstanding , the said duke of alva presently after his arrivall ( although he were a stranger , and not any way of the blood royall ) gave it out , that hee had a commission from the king , of governour generall of the countrey , the which was quite contrary to the priviledges and antient customes thereof : and discovering his designes plainly , he suddenly put garrisons into the chiefe townes and forts of the countrey , and then he built citadels in the richest and strongest townes , to keep them in subjection . and by commandement from the king ( as they said ) he friendly called unto him , as well by letters , or otherwise , the chiefe noblemen of the countrey , pretending , that he had need of their councell and assistance , for the service of the king , and the good of the countrey : who ( having given credit to his letters ) were come unto him , whom , contrary to the priviledges , hee caused to bee carried prisoners out of brabant , where they had been apprehended , causing their processe to bee informed before him and his councell ( although they were no competent iudges ; ) and before any due proofes were made , and the noblemen that were accused , fully heard in their defences , they were condemned to have committed rebellion , causing them to be publikely and ignomiously put to death . others , who for that they were better acquainted with the spaniards dissembling , were retired and kept out of the countrey , were declared rebels , and guilty of high treason , and to have forfeited bodies and goods : all which was done , to the end the poor inhabitants should not aide themselves in the just defence of their liberty , against the oppression of the spaniards and their forces , by the help and assistance of these noblemen , & princes . besides , an infinite number of gentlemen & rich bourgers , whereof some he hath put to death , others he hath chased away & forfeited their goods , oppressing the rest of the good inhabitants , as well by the insolence of the souldiers , as by other outrages in their wives , children , and goods ; as also by divers exactions and taxes , forcing them to contribute for the building of new citadels and fortifications of towns , which he made to oppresse them , & also to pay the hundreth and the twintieth peny , for the payment of souldiers , wherof some were brought by him , and others newly levied , to employ them against their countreymen , and themselves , who with the hazard of their lives sought to defend the liberties of their countrey : to the end that the subjects being thus impoverished , there should be no meanes to frustrate his designes , for the better effecting of the instructions which had been given him in spain : which was , to use the countrey as newly conquered . to which end , in some places and chiefe townes , he changed their forme of government , and of justice , and erected new consuls after the spanish manner , directly contrary to the priviledges of the countrey . and in the end ( thinking himselfe free from all feare ) he sought to bring in by force a certaine imposition of the tenth peny , upon all marchandise and handi-works , to the absolute ruine of the commons , whose good and prosperity consists chiefly in traffique and handi-works ; notwithstanding many admonitions and perswasions made to the contrary , as well by every one of the provinces in particular , as by all in generall . the which he had effected by force , if it had not beene that soon after by the means of the prince of orange , ( and a good number of gentlemen , and others borne in these countries ) banished by the duke of alva , following the party of the said prince , and being for the most part in his service , and other inhabitants affected to the libertie of their countrey , the provinces of holland and zeeland had not revolted , and put themselves under the princes protection . against which two provinces the duke hath since during his government , and after him the great commander of castile ( sent in his place by the king , not to moderate any thing of his predecessors tyrannie , but to pursue it more covertly and cunningly than he had done ) forced those said provinces , who by their garrisons and citadels , were made subject to the spanish yoke , to imploy their persons and meanes to helpe to subdue them : yet no wayes easing the said provinces , but intreating them like enemies , suffering the spanyards under the colour of a mutinie , in view of the said commander , to enter by force into the town of antuerpe , and there to continue six weeks , living at discretion at the poore bourgers charge ; forcing them moreover ( to be freed from their insolencies ) to furnish foure hundred thousand florins , to pay the said spanyards : which done , the said souldiers ( growing more bold through the sufferance of their commanders ) presumed to take armes against the countrey , seeking first to surprize brussels , and in the place of the ancient and ordinary seate of princes , to make it a nest and den of theeves . the which not succeeding according to their designe , they tooke alost by force , and soone after forced the towne of maestricht . and since being violently entred into antuerpe , they spoyled it , sacked it , and wasted it with fire and fword , in such sort , as the most barbarous and cruell enemies could not have done more , to the unspeakable losse , not onely of the poore inhabitants , but in a manner of all the nations of the world , who had their merchandise , debts , and money there . and although the said spanyards by a decree of the councell of estate ( to whom the king by the death of the great commander , had conferred the generall government of the countrey ) were in the presence of ieronimo de rhoda , proclaimed enemies to the countrey : yet the said rhoda of his owne private authority ( or as it is to bee presumed , by vertue of some secret instruction which he had from spaine ) took upon him to be the head of the said spanyards , and their adherents , so as without respect of the councell of estate , he usurped the kings name and authority , counterfeited his seale , and carried himself as a governour , and the kings lieutenant in these countries . the which moved the estates at the same instant to agree with the prince of orange , and the estates of holland and zeeland : which accord was allowed by the councell of state ( as lawfull governours ) that they might joyntly with their common forces , make warre against the spanyards : omitting not as good subjects , by divers humble petitions , to beseech the king to have regard unto the troubles , oppressions and insolencies which had hapned , and were like to follow : and that hee would bee pleased with all convenient speed possible , to command the spanyards to depart out of the countrey , and especially those which had been the cause of the sack and ruine of the chiefe towns of his countrey , and other innumerable insolences and violences which his poore subjects had endured , to the comfort and ease of them which had endured them , and to the example of all others : yet notwithstanding ; the king ( although that he made shew by words , that what had hapned , displeased him , and was against his will , and that he had an intent to punish the heads and authors , and to provide for the quiet of the countrey with all clemency , as it behoved a mercifull prince ) hath not onely neglected to punish the said heads and authors : but contrariwise , ( as it appeareth ) all was with his consent and former resolution of the councell of spain , as certain letters of his , intercepted soon after , do plainly shew : by the which it was written unto rhoda , and to the other captains , authors of all the mischiefe , that the king did not blame that action , but did allow thereof , and commend it , promising to recompence them , especially the said rhoda , as having done him a singular service : the which , at his return into spaine , and to all other ministers of the oppressions that were used in these countries , he did shew by effect . at the same time , the king thinking the better to blinde the eyes of his subjects , sent into these countries for governour generall , don iohn of austria , his base brother , as being of his blood : who ( making shew unto the estates , that he did allow of the pacification of gant , promised to send away the spanyards , to punish the authors of all insolencies and disorders which had hapned in the countrey , and to take an order for the generall peace , and the restoring of their ancient liberties ) sought to divide the estates , and to subdue one countrey after another . by the permission and providence of god , who is an enemy to all oppression , he was discovered by the intercepting of certain letters , where he was commanded by the king to govern himself in these countries , according to the instructions that should be given him by rhoda : and to cover this practice , the king had forbidden don iohn to speake with him , commanding him to carry himselfe unto the chiefe noblemen with all mildenesse and courtesie , to winne their loves , untill that by their assistance and meanes , he might reduce holland and zeeland , and afterwards work his will of the other provinces . whereupon don iohn , notwithstanding that he had solmnly sworn in the presence of all the estates of the countrey , to observe the said pacification of gant , yet contrary thereunto he sought by meanes of their colonels ( whom he had already at his devotion ) and great promises , to winne the germane souldiers who were then in garrison , and had the guard of the chiefe townes and forts of the countrey , whereof by that meanes he made himselfe master , holding himselfe assured of those places they held , and so by that meanes to force them that would not joyne with him , to make warre against the prince of orange , and them of holland and zeeland , and so to raise a more boody and intestine warre , then had been before . but as all things that are treated cunningly and with dissimulation , cannot be long kept secret , don iohns practises being discovered , before hee could effect what he had designed , hee could not bring his conceptions and enterprises to the end that he pretended : yet he revived a new warre , the which continues unto this day , in stead of rest and an assured peace , whereof hee did so much vaunt at his coming . which reasons have given us great occasion to forsake the king of spain , and to seeke some other mighty and mercifull prince , to helpe to defend these countries , and to take them into his protection : and the rather for that these countries have endured such oppressions , received such wrongs , and have been forsaken and abandoned by their prince for the space of twenty years and more ; duduring the which the inhabitants have beene intreated not as subjects , but as enemies , their naturall prince and lord seeking to ruine them by armes , moreover , after the death of don iohn , having sent the baron of selles , who ( und●r colour propounding some meanes of an accord ) declared sufficiently , that the king would not avow the pacification made a gant ( which don iohn notwithstanding had sworne to maintaine ) setting downe more hard conditions . yet for that we would discharge our selves of our duties , wee have not omitted to make humble suite by writing , imploying moreover the favour of the greatest princes of christendome , seeking by all meanes without intermission , to reconcile our selves unto the king ; having also of late kept our deputies long at cologne , hoping there ( by the intercession of his imperiall majestie , and some princes electors ) to have obtained an assured peace , with some moderate tolleration of religion ( the which doth chiefly concerne god and mens consciences ) as the estate of the affairs of the countrey did then require : but in the end we found it by experience , that nothing was to be obtained from the king , by the conference at cologne : and that it was practised and did onely serve to disunite and divide the provinces , that they might with the more facility vanquish and subdue first one , and then another , and execute upon them their first designes . the which hath since plainly appeared , by a certain proscription , which the king hath caused to be published , whereby we and all the inhabitants of the united provinces , and officers that hold their partie , are proclaimed rebels , and to have forfeited lives and goods : promising moreover , a great summe of money to him that should murther the said prince , and all to make the poore inhabitants odious , to hinder their navigation and traffique , and to bring them into extreme despaire . so as despairing of all meanes of reconciliation , and destitute of all other succours and ayde we have according to the law of nature ( for the defence of us and other inhabitants , the rights , priviledges , ancient customes , and libertie of the countrey , and the lives and honours of us , our wives , children , and posterity , to the end they fall not into the slavery of the spanyards , leaving upon just cause the king of spaine ) beene forced to seeke out some other meanes , such as for the greater safety and preservation of our rights , priviledges , and liberties , we have thought most fit and convenient . we therefore give all men to understand , that having duely considered all these things , and being prest by extreme necessitie , we have by a generall resolution and consent , declared , and doe declare by these presents , the king of spaine , ipso jure , to be fallen from the seigniory , principalitie , jurisdiction , and inheritance of these countries : and that we are resolved , never to acknowledge him any more , in any matter concerning the prince , jurisdictions or demeanes of these netherlands , nor to use hereafter , neither yet to suffer any other to use his name as soveraigne lord thereof . according to the which we declare all officers , private noblemen , vassels , and other inhabitants of these countries , of what condition or qualitie soever , to be from henceforth discharged of the oath which they have made in any manner whatsoever , unto the king of spaine , as lord of these countries , or of that wherby they may be bound unto him . and for the above named reasons , the most part of the said united provinces , by a common accord and consent of their members , have submitted themselves under the command & government of the high and mighty prince , the duke of aniou and alanson , &c. upon certain conditions contracted and accorded with his highnesse : and that the archduke of austria , mathias , hath resigned into our hands the goverment generall of these countries , the which hath been accepted by us . we enjoyn and command ali iudges , officers , and all others , to whom it shall appertain , that hereafter they forbeare to use any more , the name , titles , great seal , or signet of the k. of spain : and instead therof , whilst that the duke of anjou , for his urgent affaires , concerning the good and welfare of the country , shall be yet absent , for as much as shall concern the provinces which have contracted with his highnesse , and touching the rest by way of provision , they shall use the title and name of the chiefe and counsell of the country . and untill that the said heads and counsellors , shall be named , called , and really established in the exercise of their charges , and offices , they shall use our name , except holland and zeeland , where they shall use as they have formerly done , the name of the prince of orange , and of the estates of the said provinces , untill that the said councell shall be in force , and then they shall govern themselves as it is agreed , touching the instructions given for the said counsell , and the accords made with his highnesse . and instead of the kings seales , they shall hereafter use our great seale , counter seale , and signet , in matters concerning the government generall , for the which the councell of the country , according to their instructions shall have authority . and in matters concerning the policie , administration of iustice , and other private acts of every province , the provinciall concels and others , shall respectively use the name and seale of the said province , where the matter shall be in question , and no other , upon pain of nullity of the said letters , or dispatches which shall be other wise made or sealed . and to the end these things may bee the better observed and effected , we have enjoyned and commanded , and do enjoyn and command by these presents , that all the king of spaines seales , which are at this present within these united provinces , shall be dilivered into the states hands , or to him that shall have commission and authority from them , upon pain of arbitrary punishment . moreover , we ordain and command , that from henceforth the name and armes of the king of spain , shall not be put not stampt in any coynes of these united provinces : but there shall be such a figure set upon them , as shall be appointed for the coyning of new peeces of gold and silver . in the like sort we enjoyn and command the president and lords of the privie councel , and all other chancellors , presidents , provinciall counsuls , and all presidents and chiefe masters of accounts , and others of all chambers of accounts , being respectively in these countries , and also all other iudges , and officers ( as holding them discharged of the oath which they have made unto the king of spain , according to the tenor of their commissions ) that they shall take a new oath in the hands of the estates of the province where they are , or to their deputies , by the which they shall swear to be faithfull to us against the king of spain , and his adherents , according to the form set down by us : and there shall be given to the said councellors , masters of accounts , iudges and officers , remaining in the provinces which have contracted with the duke of anjou , in our name , an act of continuance in their offices , containing in stead of a new commissions , a cessation or disannulling of their former , and that by way of provision , untill his comming . and to councellors , masters of accounts , iudges , and officers , being resident in provinces , which have not contracted , with his highnesse , a new commission shall be given under our name and seale , if the petitioners were not found faulty , to be of bad behaviour , to have done against the priviledges of the countrey , or to have committed some other disorder . we also command the president and them of the privie councell , the chancellour and councell of brabant , the governour , chancellour , and councell of gueldres , and the countie of zutphen , the president and councell in flanders , the president and councell in holland , the governour , president and councell in friseland , the president and councell at vtricht , the bayliff at tournay and tournesis , the receivors or chiefe officer of beoostercheldt and bewesterscheldt zeeland , the scout of macklyn , and all other iudges and officers whom it shall concerne , their lieutenants , and every of them , presently without any delay , to publish this our decree in all places of their jurisdictions , and wheresoever they are accustomed to make proclamations , to the end that no man may pretend any cause of ignorance : and that they may keep and observe , and cause to be kept and observed inviolably this our decree , without any favour , support , or dissimulation ; for wee have so thought it fit and convenient for the good of the countrey . for the effecting whereof , we give to every one whom it shall concerne , full power and authority , and speciall commission . in witnesse whereof , we have caused our seale to be hereunto annexed . given at the hage in out assembly the of ●uly . vnderneath was written , by the ordinance and decree of the said estates , and signed ● . tan asseliers . according unto this declaration of the estates , there was a new forme of an oath drawn , in manner of an abjuration of the king of spaine , and promise of duty and obedience which every one should owe unto the said estates , by the publike officers , and magistrates of every town and province , as followeth . i sweare , that hereafter i shall not serve nor yeeld obedience to philip king of spaine , nor acknowledge him for my prince and lord , whom i doe renownce by these presents , and doe hold my selfe freed from all oaths , and bonds , by the which i might bee formerly tyed unto him : whereof finding my selfe presently delivered i sweare a new and binde my selfe to the united provinces , and namely , to them of brabant , gueldre , holland , zeeland , and their allies , and to the soveraign magistrates that are appointed , to bee faithfull and loyall unto them , to yeeld them all obedience , aide , and comfort , with all my power and meanes , against the king of spaine and his adherents , and against all the enemies of the countrey . promising as a good vassall of the countrey , to carry my self faithfully and loyally , with shew of all obedience to my superiors ; so help me the almighty god. this decree being thus proclaimed , all the seales , counter-seals , and secret signets of the king of spaine , were broken and cancelled with solemnity , by all the consuls of the said provinces , and others new made , by order of the generall estates , for that which concerned the government , and the affairs of the generality . and as for matters of justice and policie , they used the seales , names , and titles of private governours , and provinciall consuls . from that time there was no coynes of gold , silver , or copper made with the name or titles of the king of spaine , but upon stamps which the estates had caused to be made in every povince . all governours , superintendents , presidents ▪ chancellours , councellours , and others officers , were discharged and absolved from their precedent oathes , and did sweare fidelity to the generall estates , against the king of spaine and his adherents , according to the forme above mentioned , to whom an act was sent for the continuation of the commissions . ninthly , it is evident from the premises ; that is emperours and kings shall degenerate into tyrants , violate their oathes and covenants made unto the people , invade their lawes , liberties , persons with armed violence , and instead of protecting , make warre upon them ; that the nobles , magistrates , estates , parliaments and people in such cases , may without any guilt of treason , rebellion , sedition , not only disobey , but lawfully resist them with force of armes , both in point of lawe & conscience , & are obliged under pai●e of treachery and perfidiousnesse to their countrey , thus to resist ; and in cases of incorrigibility for the publike weale , and preservation , may justly if they see it necessary , depose them from their royall dignities as enemies , or traytors to their kingdoms and people . the reason is , because no kingdome or nation under heaven , ever elected or voluntarily submitted themselves unto any emperour or king whatsoever ( for ought can be proved or imagined ) but upon this tacit condition ; that they should justly governe , defend and protect them for their good , not tyrranize over , pillage , murther , oppresse , or make warre upon them at their pleasures , contrary to the lawes of god , nature , nations ; nor yet actually obliged themselves under paine of treason , rebellion , death , or damnation , not forcilly to reobsist or deprive their princes in any wise , though they with open violence should set themselves to subvert their religion , lawes , liberties , and republike ; to which unreasonable condition , no natian certainty would have consented , had it been propounded to them by their kings at first , as grotius well observes . this point of greatest difficulty and concerment , i have largely debated and confirmed already , in the third part of this discourse , where all contrary objections against it , are refuted ; yet because it still seemes a feditious unchristian paradox to many malignants and royallists , i shall satifie it with such new authorities , of all sorts , which may happily convince , if not convert them from their inveterate wilfull error . my first authority of this kinde , is that passage of sozomon ( an ancient ecclesiasticall historian ) eccles. hist. l ▪ . ch . . recited and approved by nicephorus callistus eccles hist. l. . ch . . where he thus writes of the death of iulian the emperor ( who turned both a tyrant , apostate , and persecutor of the christians ) reputed to be staine by a christian souldier of his own army , for his tyranny and impiety . whereas libanius writes in this manner ; hee seemes to say , that the st●ayer of iulian the transgressor was a christian , which peradventure was true ; neither is it incredible , that some one of the souldiers who marched under his colours , had considered these things thus in his minde : that not only the heathens , but likewise all others are wont to applaud those even unto our age , who slew tyrants heretofore , as those who for the liberty of all , feared not to undergoe the danger of death , and likewise for the safety of their citizens , kindred and friends , with willing minds . and verily hee cannot well be reprehended by any man , especially since hee should shew himselfe so valiane and stenuous for god and that religion which hee did approve , &c. however it is certaine that he was taken away by gods divine judgement . nicepherus addes , that his death was predicted by the christians , and that his death was acceptable and plesant to all christians , especially to those of antioch , who for this his mvrther , instvted a pvblike trivmph , wherein they also reproached maximus the philosopher , singing thus , where are thy divinations o foolish maximus ? a pregnant evidence , that even the primitive christians ( on whose examples and practice our antagonists so much depend , though to no purpose , as i have * elswhere manifested ) held it not only lawfull for them to resist , but even in some cases to slay a persecuting apostatized tyrant , bent so subvert religion , lawes , liberties ; as may be further evidenced by constantine the great his ayding the oppressed christians , and romans against the tyranny and persecution of the emperors maxentius , maximinus and licinius , even with force of armes , with which he conquered these persecutors in sundry open battels fought against them , at the christians earnest importunity . to descend to later authoritities , it is the received doctrine of all popish schoolmen , doctors , lawyers , that tyrannicall princes who oppresse and invade their subjects persons , liberties , estates , or religion , may both lawfully with good conscience bee forcibly resisted by their subjects , and likewise by the major part of their people , nobles , parliament , for preservation of the republike and religion , bee justly deposed , and put to death ; yea , as some of them adde , even murthered by private men , though the generality of their writers justly deny it . their st. thomas of aquin , in his book , de regimine pricipum ( dedicated to the king of cyprus ) cha . determines thus , if it belong to the multitude to provide themselves of a king ; the king made by them , may not unjustly be removed , destroyed , or his power restrained , if he abuse the power of the realme tyrannically ; neither is such a multitude to bee esteemed , to deale disloyally in deposing a tyrant althovgh they had perpetually sub●ected themselvs to him before , because himselfe hath deserved it , in not carrying himselfe faithfully in the government of the people , as the office of a king required , because herein he kept not his oath and covenant with his subjects . and he further affirmes , distinct. art. . qu. . . m. . ae . dist. . qu. . . m. . ae . qu. . . m. ae . qu. . art . . & qu. . . m. opusc. . l. . co. . that in every countrey , cities are governed politikely ; the power of kings and emperours being circumscribed by the lawes and people , that a tyrannicall prince , if hee invade his subjects , may lawfully beresisted and laine even of private persons in their own necessary defence , and in reference to the publike safety ; but much more by the nobles and peoples generall consent : and that the deposition or perturbation of the regiment of a tyrant , hath not the reason ( or nature ) of sedition , unle●se it be done by private persons , or so disorderly , that a greater detriment should ensue , bvt it is the tyrant rather who is seditiovs . the same doctrine is taught by dominicus seto , de iustitia . l. . quaest . . art . . ludovicus molina . tom. . de iustitia & inre tract . . disp . . to . dominicus bannes , . ae ▪ quaest . . art. . dub. . petrus de aragon . . ae . qu. . a●t . explicatio , art . p. . michael bartholomaeus salon , de iustitia & iure in . ae tom. . qu. . art . . cont . . pag. . petrus de lorca in . ae . d. thomae quaest . . art . . sect . . throughout , specially disput. . n. . & disp. . . azorius , tom. . l. . disp . . qu. . & . . franciscus victoria . relectio de iure bell● . n. . . alphonsus salmeron in cap. . epist. ad romanos . disp. . fran. suarez . in defensione fidei l. . cha . . & l. . chap. . throughout , specially , num ▪ . . . . . . ioan gerson de anferibilitate papae ; where also he avers ( consid . . ) that one who is truly pope may lawfully bee bound , imprisoned , and put to death for his offences , ( though the head of the church as papists hold , as well as kings the head of their realmes . ) dionysius cathusianus de regim . polit. artic. . francis●us t●llet , in summa , l. . c. . leonardus lessius de iustit . & iure , c. . dub . . tannerus , tom. . disp . . qu. . dub . . emanuel sa. in aphorism . verb. tyrannus , n. . iohannis mariana : de rege & regis instit. l. . c. , , , . alvarus pelagius de plan. eccles l. . c. . simancha pacensis , de cathol . instit . tit . . ● . . p. . tit . . n. . p. . gregorie de valencia , tom ● p. . cardinall bellarmine , de pontif rom. l. . c. . . . & tract de potest . sum. pontif. advers . gul. barel . p. . iac. gretzerus pharetras tortulliana , & vespertilio haeritico●politicus , ludovicus richehom . expostulatio aplogetic● , pro societate iesiis . vincentius filiucius tra. . p. . dis . . prae . dec. n. . mart. becanus anglican● de potestate regis & pontificis , caspar . schoppius . alexi pharmacum regium , & collyrium regium . of valentine jacob. an. ● . and iohn tanquerel anno. . whose opinions are recorded by bochellus decreta . eccles. gal. l. . tit . c. . . the cardinall of como his letter from rome , . january , . to doctor parrey to murder queen elizabeth ; franciscus de verona constant. in apolog. pro io : chastel , p. . bonarscius the iesuite , amphith p. . barclay l. . advers . monarch . c. . l. . c. . & . serarius in c. . iudicum . hieronymus blanca rerum aragonens . commentarius , passim . cajetan : upon aquinas his forecited summes . the doctors of sala●ancha in their determination , anno . recorded by g. blackwell , qu bip. p. . and doctor john white his defence of the way , c. . p. . governado christiano p. . antonius massa tract . contra duell . n. . . baldus . consid. . cavarruvias quaest. illustr . t. . . n. . . n. . vasquius contro . illustr . . n. . . . . n. . . n. . n. . . n. . . . . n. . and elsewhere hemingius arnisaeus de authoritate principum p. . . . . . . . fran. hotomani franco-gallia , c. . . . . . . . &c. to which i might adde our english priests and iesuites , as doctor nicholas saunders , visib . monarch . p. . . doctor allen , parsons , creswell , philopater , rossaeus , doleman , p. . to . sparsim , with sundry others , all professedly a verring aquinas his doctrine , and the premisses , yea , farre exceeding them in sundry particulars ; many or most of them attributing sufficient authority and power to the pope and prelates alone , without the parliament , nobles , peers , or peoples assent , to depose , adjudge haereticall or tyrannicall kings to death , and devote them to assassination , which all protestants unanimously disclaim . but wee need not fish in these unwholesome romish streams of tyber , or make use of these popish champions , whom i have onely named , to stop the mouthes of all papists , priests , iesuites , who now much exclaim against the parliaments present defensive warre , condemning all for rebels and traitors who assist the parliament against their invading trait●rous , rebellious armed forces both in ireland and england , they being in verity such themselves , yea , the originall contrivers , fomenters , the principall abettors of the present bloody , destructive , civill wars in both our realms . and that which most confirms me in this beliefe , is a particular late discovery of the horrid conspiracy of con the popes late nuncio here , and his iesuited popish confederates , to undermine and extirpate the protestant religion , to raise the scottish , and succeeding irish , and english wars , thereby to ingage the king to resort to them for assistance ; & under pretence whereof to rise up in arms , and work him to their own conditions , or else to poyson him with a indian poysoned nut after the example of his father , and then seize upon the prince , and train him up in their antichristian religion , as you may reade at large in romes masterpeece , to which i shall referre you for fuller satisfaction , from one of the chief conspirators own confession . but passing by all these , i shall proceed to authorities of lawyers and divines , professing the protestant religion . georgi●s obrectus , a publike professor of law , and advocate to the city of strasburge in his disputatio juridica , . de principiis belli , layes down these severall positions for law , num. . to . that all the inferiour magistrates in the empire or other kingdoms , collectively considered , are above the emperour and kings themselves ; that if they be unjustly assaulted with unjust violence by any whomsoever , they may by a necessary and just warre , defend both themselves and theirs , and repell and prosecute the unjust assailants . that if the superiour magistrate neglect to do his duty , ( as if the turke should invade any countrey , and the supreme magistrate would not resist him , ) the inferiour magistrate may call the people to arms , raise an army , and exercise all forces policie and devices against the common enemy of christians : or if the supreme magistrate should exercise manifest tyrannie , it is verily lawfull to the inferiour to undertake the care of the republike , which he endeavours to oppresse with all his power : that those who represent all the people , as the electors , palatines , nobles , parliament , may admonish the prince of his duty , and ought to seek by all means to divert him from his tyrannicall and impious purpose ; but if he proceeds , and repenteth not , being frequently admonished , but wilfully subverts the common-wealth , obstinately perverts laws ; hath no care of faith , co●venants , justice , piety ; and tends onely to this , that he may perpetrate any thing with impunity , and impiously reign over mens consciences , then verily he is accounted a tyrant , that is , an enemy of god and man ; whence , if he hath proceeded to that hight of malice , that hee cannot bee expelled but by armed force , it is lawfull for the electors , palatines and others , to call the people to arms , and not onely to defend themselves and others against such a one , but plainly to deject him from his throne : for the intire government of the realm is not committed by the people to the prince alone , as neither the bishopprick of the whole church to the pope , but to every one of the nobles or magistrates according to his power : for the nobles , as they are called into part of the honour , so of the burthen of the commonwealth ; which is committed to the prince , as to the supreme tutor , but to them as fellow-tutors , he having the first , they the second place in governing the republike . the prince swears that he will seek the good of the realm , and all the nobles promise the same : therefore if he doth ill , they ought not to do so likewise ; if the republike go to ruine , they shall not continue : for the common-wealth is no lesse committed to them , than to the king , so as they ought not onely to do their duty , but also to contain the prince within the limits of his duty : for if the prince doth ought against his oath , they are not absolved from their oaths , but rather then especially ought to manifest their fidelity , when the republike requires it , because they were specially instituted for that end , as the ephori , and everything ought to be reputed just , when it attains its end . hence b●utus the tribune , and lucretius the governour of the city , called the people to armes against tarquin the proud , and by their authority expelled him the ringdom . so the roman senate judged nero an enemy of the republike , and condemned him to the gallowes ; punished vitellius with death , ignominiously mutilat●ed and dragged thorow the city , and spoyled maximinus of the empire , setting up albinus in his place . thus the french by authority of a publike councell , thorow the care of the officers of the realme deprived childericke the first , sigebert , theodoric , and childericke the third of the government of the realm . neither is it impertinent to pronounce the same sentence of such a one , as was given of manlius capitulinus , thou wast manlius whiles thou diddest cast down the senons headlong ; now because thou art become one of the senons , thou thy selfe art to be precipitated from whence thou diddest cast them down . but if perchance most of the nobles collude and connive , and being unmindfull of their duty , take no care of the people ; let there at least be one who may admonish and detest the invading tyrant , and take care that the republike sustain no detrimen● ; for the care of the republike is no lesse committed to him , than to the prince and his collegues , and he hath plighted his faith to the republike no lesse than they . if many have promised the same thing , the obligation of the one is not taken away by the negligence or periury of the other . if there be many trustees , executors , or guardians , the negligence default or fraud of some of them , doth not discharge or disingage the rest ; yea , unlesse they to their power discharge their trust and oath , they become perfidious , yea guilty of the same crime , and are subiect unto actions for their neglect as well as the others : therfore those who are bound to the whole kingdom and empire , as the peers of france , the electors , or to some certain countey or city which makes a part of the realme , as dukes , marquesses , earles , constables , admirals , and the like , are obliged to ayde the whole common-wealth , or that part committed to them , against the tyranny of the prince , if they be able , &c. thus and much more this lawyer , almost verbatim out of iunius brutus . i might add to him the like determinations of henricus bocerus , de jure pugnae , hoc est , belli & duelli , tractatus methodicus , tubingae , . lib. . cap. . c . p. justus eccardus , de lege regia , the last edition . alhuseius polit. c. . p. . to . haenon , disputat . polit . the treatise de iure magistratus in subditos ; ( where this position is largely and learnedly debated , confirmed , both from law , history , theology , reason ) hugo grotius de iure belli & pacis , lib. . c. . sect . . to the end , p. . &c. albericus gentilis de iure belli , l. . c. . p. . c. . p. . l. . c. . . p. . . with others . but since iunius brutus compriseth the quintessence of all the rest , i shall trouble you onely with his discourse . vindiciae contr. tyrannos , quaest. . p. . to . to passe by his discourse concerning the resisting of tyrants , who usurp a dominion without any title , whom every man may justly resist and suppresse , and are bound in duty so to doe , as he there proves at large ; i shall only transcribe what concernes them who have a lawfull title . first ( saith he ) we ought to consider , that all princes are born men . we cannot therefore expect to have only perfect princes , but rather we ought to thinke it well with us , if we have gained but indifferent ones . therefore the prince shall not presently be a tyrant , if he keep not measure in some things , if now and then he obey not reason ; if hee more slowly seek the publike good ; if he be lesse diligent in administring iustice , or lesse fierce in propulsing warre . for seeing a man is not set over men , as if he were some god , as he is over beasts ; but as he is a man , born in the same condition with them ; as that prince shall be proud , who will abuse men like beasts , so that people shall be unjust , who shall seek a god in a prince , and a divinity in this frail nature . but truly if he shall willingly subvert the republike ; if he shall wilfully perve●t the lawes , if he shall have no care of his faith , none of his promises , none of iustice , none of piety ; if himselfe become an enemy of his people , or shall use all or the chiefest notes we have mentioned , then verily he may be iudged a tyrant , that is , an enemy of god and men . therefore we treat not of a prince , lesse good ; but of the worst ; not of one lesse prudent , but of a malicious and subtile one ; not of one unskilfull in law , but of a contemner of law ; not of an unwarlike one , but of an enemy of the people and waster of the realme . a senate may assist him with prudence , a iudge with the knowledge of the law , a captain in the skilfulnesse of warre ; but this man wisheth the nobles , senators , captains of warre one neck , that he might cut them off at one stroake , neither hates he any more then them . the first verily , though he may lawfully be removed , yet however he may be tolerated ; the latter contrarily , by how much the longer he is tollerated , the more intollerable he becomes . moreover , as euery thing is not lawfull to a prince ; so often times , that which is lawfull to the people , is not expedient . for frequently it may fall out , that the remedy which is used , may be worse than the disease . therefore it becomes a wise man to try all things , before he use the hot iron ; and use all remedies , before he take up arme● . if therefore those who represent the people perceive any thing to be done against the republike by force or fraud , let them first admonish the prince ; neither may they expect , till the mischiefe grow heavie , and acquire forces . tyranny is like an heptick feaver , which at first is easie to be cured , difficult to be discerned ; afterward it becomes easie to be known , but very difficult to be cured . therfore they shall withstand the beginnings , neither should they pretermit any thing , though the smallest . but if he shall proceed , and not repent though frequently admonished , but tend onely to this , that he may commit any thing without punishment ; then verily he is really guilty of tyranny , and they may act against him , whatsoever they may use against a tyrant , either by law or just force . tyranny is not onely a crime , but the head , and as it were , the heap of all crimes . a tyrant subverts the republike , makes a prey of all , lyeth in wait for the life of all , violates faith to all , contemnes all the religion of a sacred oath . therefore is he so much more wicked then any theefe , murtherer , sacrilegious person , by how much it is the more grievous , to offend many and all , then particular persons . now if all these be reputed enemies , if they be capitally punished , if they suffer paines of death , can any one invent a punishment worthy so horrid a crime ? moreover , wee have proved , that all kings receive their royall dignity from the people ; that all the people are better and higher then the king , that the king is onely the superiour minister and ruler of the kingdome , the emperour of the empire , but the people are the true head . therfore it follows , that a tyrant who commits felony against the people as the lord of the fee , hurts the sacred majesty of the realm and empire , becoms a rebel , and therfore falls into the danger of the same lawes , and demerits more grievous punishments . therfore , saith bartolus , he may be deposed by a superiour ; or be most justly punished by the julian law , for publike violence . now all the people , or those who represent them , as electors , palatines , nobles the assembly of the estates , &c. are his superiour . but and if he shall proceed so farre , that he cannot be expelled but by armed violence , then verily it shall be lawfull for them , to call the people to armes , to raise an army , and to practise force , policy , stratagems , as against an adjudged enemy of his country and of the common-weale . neither shall the officers of the realm in this case fall into the crime of sedition ; for in a sedition there must needs be two points , which when for the most part they contend about contradictories , it followes , that the cause of one is just , the other unjust ; that cause must verily be just which defends the law● , which protects the common good , which shall preserve the realme , especially by this meanes ; contrarily , that cause is uniust , which violates the laws , defends the breakers of the lawes , protects the subverters of the countrey . that is iust which will destroy tyrannicall government , that uniust which would abolish iust government . that lawfull which tends to the publike good , that unlawfull which tends to the private . therefore , saith thomas , because a tyrannicall kingdome which is not ordained to the common good , but principally for the benefit of the governour , is most uniust ; therefore the disturbance of this kingdome hath not the reason of sedidition , nor doe they fall into the crime of treason . this crime is committed against a lawfull prince ; now a lawfull prince is nothing but a living law : therefore he who kils the law as much as in him lyeth , cannot be called by that name ; therefore those who take up arms against him shall not be guilty of that crime . it is likewise committed against the common-wealth , but because the repub. is there only where the authority of the law prevailes , not where the private ●ust of a tyrant swalloweth the republike , a tyrant shall be guilty of that crime which offends the publike maiesty , & those be vindicators of the republike , who shall oppugne a tyrant ex officio , supported with their own authority . neither in this case , i say , doth every one , but all the subiects , but the lords seem to require an account of the government from their agent : no more shall they be accounted perfidious for doing it ; there is every where between the prince & people a mutuall & reciprocal obligation ; he promiseth , that he will be a iust prince : they , that they will obey him , if he shall be such a one . therefore the people are obliged to the prince under a condition : the prince , purely to the people : therefore if the condition be not fulfilled , the people are unbound , the contract void , the obligation null in law it selfe : therefore , the king is perfidious if he reign uniustly ; the people perfidious , if they obey not him who reignes iustly : but the people are free from all crime of perfidiousnesse , if they publikely renounce him who reignes uniustly ; or if they endeavour to evict him with armes who desires to retein the kingdome unlawfully . therefore it is lawfull for all or many of the officers of the realme to remove a tyrant . neither is it onely lawfull ; but it ly●th so upon them of duty , that unlesse they doe it , they can no way be excused . neither may electors , palatines , senators , and other nobles think , that they were created and instituted onely for that end , that they should shew themselves once peradventure in the kings inauguration , attired after the ancient manner , that they might act a certain palliated fable , or put on the person of rowland , oliver , ronald , and other nobles on that day , as if in a scene , they should in some shew represent the round table of arthur , as they call it ; so as after that the multitude is dismissed , and calliopus hath said , farewell , they should think they had excellently played their parts . these things are not spoken in jest , these things are not perfunctorily done ; these things are not the pastimes of children , who as it is in horace , created a king in a play ; but rather of nobles , & magistrates , who as they are called unto part of that honor , so likewise of the burthen , and shew , that the republike is committed and commended to the king , as to the supreme and chiefest tutor , so also to them as fellow-tutor● ( even honorari ) assigned to him as observers of his actions who hath the chief tutelage , who may daily exact an account of him , and diligently take heed , in what manner he reverseth ; so even these , that they might observe the king ( who , as to his tutelary providence , is onely reputed in the place of a lord ) that he doe nothing to the detriment of the people . therefore as the fact of him who acts the gardian , is imputed to the co-gardians , unlesse where they ought and are able , they suspect and likewise take care to remove him ; to wit , when he communicates not the administration with them , if he doe not faithfully manage the tutelage or care , if he admits fraud , if he doth any thing sordidly or perniciously to the pupill , if he intercept any of the pupils goods , if he become an enemy to the pupill ; finally , if he be over rude , sloathfull , unskilfull , &c. so even the nobles shall be held guilty of the princes deed , unlesse they remove , or prevent his tyranny , or supply his sloathfulnesse , with their vigilance and diligence . finally , as oft as the gardian doth not doe in the name of the pupill , that which any fit master of a family would doe , he may not seeme to be defended ; but that he may be the better defended , his co-gardians are bound to foresee : so much more justly , if the prince doth not act the housholder but the enemy , the nobles may and ought to act against him , since they are bound by his deed , no lesse then by their owne . moreover the nobles may consider , that the king in governing the republike , holds the first part , but they the second , third , and every one in his place . therefore if he doth his part ill , they may not follow him : if he destroy the republike , they may not connive ; for it is committed to them , as well as to him ; and in such sort truly , that not onely they themselves ought rightly to execute their office by themselves , but to containe the prince within the bounds of his office . finally , as the king promiseth , that he will take care of the benefit of the commonweale , so also doe they . therefore if he breakes his oath , they may not thinke , that they are absolved from theirs , no more then bishops , if the pope should defend heresie or destroy the church : yea , they should thinke themselves so much the more obliged to performe their oathes , by how much the more he shall violate his . therefore if they collud● , they are reputed in the number of prevaricators ; if they connive , of desertors ; and traitors , if they vindicate not the republike from the tyranny of tyrants : as finally they become patrons , defenders , little kings , if they by all meanes protect and defend the republike , which they have undertaken to protect . these things , though they are sufficiently firme of themselves , yet they may be demonstrated by examples . the canaanitish kings , who oppressed the people of israel with hard servitude , as well corporall as spirituall , ( interdicting them both commerce and armes ) were true tyrants , i say in practice , yet not without a title ; for eglon and iabin reigned quietly almost twenty years : now god extraordinarily stirred up ehud , who slew eglon craftily ; and debora , who routed the army of iabin ; and by that meanes freed the people from tyranny : this was not verily , because it was lesse lawfull to the ordinary magistrates and princes of the tribes , and the rest to doe it , but debora rather objecteth their sloathfulnesse and carelesnesse to them , and curseth some of them for this cause . but truly god , pittying his people , extraordinarily supplyed the negligence of ordinary officers . rehoboam the sonne of solomon , refuseth to ease the people of unnecessary tributes , being intreated to doe it in a generall assembly of all the people , he groweth insolent , and assisted with the counsell of flatterers , even arrogantly threatens more grievous burdens ; no man doubts , but that according to the covenant first made betweene the king and people , the nobles might have restrained this pride : but the sinne was in this , that they did by secession , which was to be done in the assembly ; and did a just and lawfull thing unjustly . frequent examples of this thing occurre in other kingdomes : he instanceth in tarquin the proud , expelled by brutus and lucretius ; who confiscated his goods , and would have publikely sentenced himselfe , had they apprehended his person , because he consulted not with the senate as former kings usually did , because he made warre , peace , and truces at his pleasure without the senates and peoples advice , violated the lawes which he should observe , and neglected the covenant established betweene the king and people : in nero the emperour , publikely sentenced by the senate , vitellius , maximinus ; and the speech of t●●jan ( forecited ) : likewise the french , by authority of a publike councell through the care of the kingdomes officers , expelled childericke the first , sigibert , theodoricke , childericke the third , from the crowne , for their tyranny , and set up others of another stocke in their places . yea , for sloathfulnesse , negligence , madnesse , as also for injuries to forrainers , and yeelding to the impotencie or lust of flatterers , or women , they have deposed some , and as it were taken away the reines from phaeton , lest all men should be burnt with the same fire ; as theodoricke for ebroines sake , dagobert of plectrude , and theobald his mignions , with others ; reputing it to be all one , whether a woman or an effeminate prince reigned ; or whether a tyrant , or petite tyrants under a sloathfull prince domineered : or finally , whether he himselfe were a devill , or possessed by the devill himselfe . thus not long since they compelled lewes the eleventh , a most imperious prince to receive . governours , by whose counsell he was bound to governe the republike . yea , what other right had either the carlingi , adopted into the kingdome in place of the meruingi ; or the cape●s who at this day hold it , preferred before the carlingi by the decree of a publike councell ; but from the people , represented as it were in an epitome , by the councell of the realme , which they call an assembly of the three estates , who might lawfully of right both depose those , and by their owne authority establish these in the throne ? in the same manner we read adolphus deprived of the german empire , an. . because corrupted with mony , he had made war with france , in favour of the english : and wenceslaus , an. . although these may be called , not so well evill , as lesse good princes . thus in the realme of england , edward the second , for his tyranny to his subjects , especially the nobles , whom he destroyed without hearing their cause , was at his queenes request , adjudged unworthy of his crowne by the parliament . not long since , christierne in denmarke , ericus in sweden , queene mary very lately in scotland , were deprived : which histories worthy credit testfie , hath beene frequently done in the kingdome of poland , hungary , spine , portugall , bohemia , and the rest . but what concerning the pope himselfe ? the cardinals , they say , because they have chosen him , or if they doe not their duty , the patriarks , who are primates next after the cardinals , may against his will , for certaine causes call a councell , and in it judge the pope , if he shall scandalize the church by his notorious offences ; if he be incorrigible , if reformation be necessary as well in the head as members ; if contrary to his oath he will not assemble a councell , and the like ; and de facto , we read that many popes have beene deposed by authority of a councell . but if ( saith baldus ) they be pertinaciously abused ; at first they must use words , secondly , herbes , that is , medicines ; lastly , stones ; and where the truth of vertue sufficeth not , there the defence of weapons ought to prevaile . but and if by the suffrages almost of all learned men , the decrees of councels , and the acts themselves done , it be proved , that a councell , as they speak , may lawfully depose the pope , who yet boasts himselfe to be the king of kings , and claimes as much to be above the emperour , as the sunne is above the moone ; yea , also arrogates to himselfe an authority of deposing kings and emperours at his pleasure ; who at last can doubt , but that by the publike councell of every realme , not onely a tyrant , but a king , pernicious to his kingdome for his madnesse or folly , may be deposed or removed ? goe to now , in this our politicke ship , the master gluts himselfe with wine ; most of his assistants either asleepe , or drunke with mutuall cups sportingly behold an imminent rocke . the ship in the meane time , either holds not that course which is expedient for the owner , or seemes speedily to be wracked ; what thinkest thou is here to be done under the master , by one who is vigilant and sollicitous ? shall he pull those by the eares who are asleepe , or onely jogge them by the sides ? but in the meane time , lest he should seeme to doe ought without their command , shall he not afford his helpe and assistance to the indangered ship ? truly what madnesse , or rather impiety will this be ? seeing then ( as plato saith ) tyranny is a certaine phrensie and drunkennesse , the prince may utterly subvert the republike , the most of the nobles may collude , connive , or at least are fast asleepe : the people who are lords of the republike , by the fraud or negligence of these ministers , which is their fault , are reduced into greatest straights : in the meane time there is one of the nobles which considers the incroaching tyranny , and detests it from his soule , what thinkest thou is now to be done against him by this man ? shall he onely admonish his colleagues of their duty , who themselves doe as much hurt as they may ? but , besides , as it is perillous to admonish , and in that state of things it may be deemed a capitall crime , shall he do like those , who contemning other helps , casting away their armes , shall cite lawes , and make an oration concerning justice among theeves , in the midst of a wood ? but this truly , is that w ch is cōmoly said , to be madle with reason : what then ? shall he grow deafe at the peoples groanes ? shall he be silent at the entrance of theeves ? or shall he finally grow lasie , and put his hands into his bosome ? but if the lawes appoint the punishment of a traytor against one wearing buskins on his legs , who counterfeits sicknesse for fear of the enemies , with punishment at least shall we decree against him , who either through malice , or sloathfulnesse , shall betray those whom he hath undertaken to protect ? but rather he shall command those things that are needfull to such as are wary by a mariners shout ; he shall take care lest the common-wealth receive any detriment , and shall preserve the kingdome even against the kings will and resistance , by which he himselfe becomes a king ; and shall cure the king himselfe as a frantick man , by binding his hands and feet , if he may not otherwise doe it . for , as we have said , the universall government of the realme is not committed by the people to the king , as neither the oversight of the whole church to the pope , but to every one of the nobles according to his power . but certainly , because concord proceeds from unity , that there should be no emulation among peeres , a king was instituted , who should hold the supreme place in the administration of the common-wealth . the king swears that he will seeke the safety of the realme ; the nobles swear every one the same by himselfe : whether therefore the king or most of the nobles neglecting their oath , shal either destroy the commonweale , or desert it being in danger , ought the rest therefore to desert the republike , or at least be lesse bound to defend it , as if they were absolved from their oath ? but rather then especially they ought to shew their fidelity , when as others neglect it , especially since they were principally instituted for that end , like the ephori ; and every thing may then be reputed just , when it attaines its end : whether truly if many have promised the same thing , is the obligation of the one dissolved by the perjury of the other ? whether if many be guilty of the same finne , are the rest freed by the fraud of one ? whether , if many co-gardians ill defend their pupill , shall one good man be lesse bound with the burthen of the wardship through their default ? but rather , neither can they avoyd the infamy of perjury , unlesse they endeavour to satisfie their trust as much as in them lieth ; neither can those exempt themselves from the danger and judgement of a gardianship ill administred , unlesse they implead the other gardians suspected ; when as verily one gardian may not only implead the rest suspected , and take care of those to be removed , but also remove them . therefore those who have promised their aide and assistance to all the realme or empire ; such as earles of the stable , marshals , senators , and the rest ; or those who have done it specially to any county or city which may make a part of the realme ; as dukes , marquesses , earles , majors , and the rest , are bound to aide the whole common-weale oppressed with tyranny , or that part thereof , which the people have committed to them next after the king. and thesetruly ought to vindicate the whole commonweale from tyranny , if they be able ; those as gardians assigned throughout counties , that part of the realme whose defence they have undertaken : these i say , are bound to restaine a tyrant , those to drive him out of their coasts . therefore mattathias as one of the nobles , the rest partly conniving , partly colluding ; when antiochus tyrannically oppressed the kingdome of iudah , speakes thus to the people ready to take up armes : let us restore the state of our people ; let us fight for our people , and our holy places : whence it plainely appeares , that we may not onely lawfully fight for religion , but for our countrey ; for an hearth i say , no lest justly then for our altars , and take up armes against such a tyrant as he was : neither are they blamed by any , for recovering the kingdome , but that they claimed the royall dignity to themselves , which pertained to the tribe of iudah . many pertinent examples to this purpose occurre in historians . arbactus governor of media , slew sardanapalus spinning among women , and spending the royall treasure among whores . vindex president of the french , and galba of the spaniards revolted from nero , together with all france and spaine , the senate conniving at his tyranny . but especially that laconick judgement is observable , which verily proceeding from that senate , ought to passe into a thing adjudged among all nations . when the lacedaemonians possessed byzantium , they made clearches captaine of the army , governour of the city , who taking corne from the citizens , distributed it to the forraine souldiers ; but in the meane time the families of the citizens perished with famine . an●xilaus therefore , one of the magistrates of the city , moved with that tyranny , agreed with alcibiades about the yeelding up of his countrey to him , and he soone after is received into the city . anexilaus being accused at sparta for yeelding up of byzantium , pleaded his cause himselfe , the spartanes absolved the man ; because they said , warres were to be waged with enemies , not with the nature of things ; now nothing is more repugnant to nature , then , if those who are bound to defend a city , became more unjust then the enemies . thus the lacedaemonians determined justly , to whom scarce any good kings will not assent ; verily those who desire to rule well , care not at all what is determined concerning tyrants , or what the nobles or people themselves may doe by law. but we must yet proceed further . every one of the mariners is bound , if the ship be endangered through the default or negligence of the ship-master , to put to his helping hand : every one of the nobles is bound , if the republike perish by the wickednesse or carelesnesse of the prince and his colleagues , to helpe it , being like to fall , and to vindicate the whole kingdome , or at least that part thereof which is committed to him , from tyranny . but then shall it be lawfull for every ordinary slave to doe the like ? or peradventure shall it be lawfull to herdonius subinus , euno surianus , spartacus the fencer , or , i say , to any private man to enfranchise servants , to stirre up subjects to armes , finally to combate with the prince , if tyranny urge them ? no verily . the republike is not committed to single or private men , yea they themselves are committed to the care of the nobles and magistrates no otherwise then pupils . therefore they are not bound to defend the republike , who cannot defend themselves . the sword is not committed to every man neither by god , nor by the people ; therefore if they draw the sword without command , they are seditious , although the cause may seeme to be just . finally , private men doe not make the prince , but all . therefore they ought to expect the command of all , or of those , i say , who represent all in a realme , countrey or city , which may make a part of the realme , or at least of one of them , before they attempt any thing against the prince . for as a pupill cannot bring an action without authority of his tutor , although the pupill be truly a lord , and the tutor onely is reputed for the lord , as farre forth as appertaines to his tutelary providence : so neither may the people doe ought , but by the authority of those , on whom they have transferred their authority and power ; whether they be ordinary magistrates , or extraordinarily , created in a publike assembly ; whom , i say , they have guirded with the sword for this purpose , to whom they have delivered themselves up to be governed and cared for ; who finally like that pretor of rome , who judged betweene servants and masters , are truly constituted in that place , that if any contention arise betweene king and subjects , they may shew themselves judges and redressors , lest the subjects themselves should pronounce sentence in their owne cause . therefore if unjust customes or grievous taxes be imposed , if things be done against pacts or fraudulently , and yet not one of the nobles speakes against or resists it , let them thinke they must then sit still , and thinke , that the best physitians to prevent or take away a disease , doe oft-times prescribe the opening of a veine ; the evacuation of humours , yea and scarification . for such is the nature of things , that scarce any mischiefe can be cured without another ; scarce any good may be acquired without diligent labour . they have the example of the people under solomen , who refused not the grievous tributes imposed on them for the building of the temple , and fortifying the kingdome ; because they judged those things to be imposed by the publike councell , to the glory of god , the beauty and ornament of the republike . they have likewise the example of christ our saviour , who although he were the king of kings , yet because he then sustained a private person , he payed tribute willingly . if the nobles and magistrates themselves favour apparent tyranny , or at least oppose it not , they may remember , that for the sinnes of the people , god suffers hypocrites to reigne ; whom , unlesse they turne themselves to god with all their heart , cannot be overturned with any engines . therefore there is no need of feet or hands , but bended knees . finally , they must suffer evill princes , wish for better , and thinke , they must beare that tyranny with a patient minde as they doe haile , stormes , tempests , and other naturall calamities , or change their habitations . david retired into the mountaines , and spared saul a tyrant , because he was none of the nobles of the people : christ , because he was not of this world fled into egypt , to avoyd herods tyranny . paul , because he describes the office of private christians , not of magistrates , teacheth that they must obey nero himselfe . but if all the nobles , or most of them , or at least one of them endeavour to restraine apparent tyranny , or the magistrate to drive it from that part of the realme which is committed to him , if he be such a one , as under pretext of expelling it , may not introduce another tyranny ; then verily assembling together , they may run who shall goe fastest to this choyce man , they may earnestly assist with their feete and hands , and as if god himselfe had given a signe from heaven , of a fight against tyrants , endeavour to free the kingdome from tyranny . for as god punisheth and chastiseth the people by tyrants , so likewise tyrants by the people : and that is a perpetuall truth which syrach saith ; that kingdomes are translated from nation to nation , for the iniquities , injuries , and wickednesse of princes ; and that every tyranny continues but a short space . thus the captaines and souldiers carefully executed all the commands of iehojada the high priest , in revenging the tyranny of queene athaliah : thus all the godly men of israel went to the maccabees , partly that they might defend the true worship of god , partly that they might free the republike against the impious and unjust attempts of antiochus ; yea god favoured their just endeavours , and gave them prosperous successe , what then ? may not god likewise out of private men themselves raise up some avenger of tyranny ? cannot the very same who raiseth up tyrants out of the people , backed with no title , no pretext , to punish the people , likewise raise up deliverers also out of the lowest of the people ? cannot the same who enthralled the people to iabin and eglon , deliver the same people by ehud , barac , deborah , and as it were manumit them when they were deserted by the nobles ? what therefore should now hinder , thou wilt say , but that the same god who hath sent tyrants on us at this time , should likewise extraodinarily send revengers of tyrants ? why , if ahab rageth againt good men , if iezabel suborne false witnesses against naboth , shall not there be also a iehu , which may extirpate the family of ahab , who may avenge the bloud of naboth , who may cast downe iezabel to be torne in peeces of dogges ? verily , what i have answered before , as nothing hath departed from the justice of god at any time , so not from his mercy . but yet since those evident signes , by which god was wont to confirme these extraordinary vocations of those worthies , are for the most part wanting to us in this age , let the people take heed , lest whiles they seeke to passe over sea with a drie foote , some impostor being their captaine , they fall not headlong into a gulfe , which we read sometimes to have hapned to the jewes : lest whiles they seeke a revenger of tyranny , they perchance follow one , who , that tyrant being expelled , will translate the tyranny it selfe unto himselfe : lest finally whiles they seeke to deserve well of the common-wealth , they militate to the private lust of any ; so as that may fall out which hath hapned to many republikes , especially the italian , whiles that they endeavour to remove the present evill , they bring in a farre greater . i shall close up this with three authorities more ; the first , of mr. iohn calvin , who pleads as much for obedience to tyrants and unjust magistrates as any man : instit . lib. . c. . sect . . i alwayes speake of private men : for if there be any popular magistrates constituted to moderate the lust of kings ( such as heretofore were the ephori , who were opposed to the lacedaemonian kings , or tribunes of the people against the roman senate ; or the demarchi against the athenian senate , and which power peradventure , as now things stand , the three estates in all kingdomes enjoy , when they assemble ) i am so farre from in●ibiting them to withstand the raging licentiousnesse of kings , according to their duty : that if they connive at kings outragiously encroaching upon , and insulting over the inferiour common people , i shall affirme , that their dissimulation wants not nefarious perfidiousnesse , because they fraudulently betray the liberty of the people of which they know themselves ordained protectors by gods ordinance . the second is , fuldericus zuinglius : explanatio artic. . quando vero perfide & extra , regulam christi ( principes ) egerint , possint cum deo deponi , consensu & suffragiis totius , aut certe potioris partis multitudinis . quaeris quando id fiet , ut major pars populi bono consentiat ? ad hoc dico quod antea ; si non consentiunt ut ma●um tollant , ferant jugum tyranni , & demum cum eo per●ant . nec querantur sibi fieri inju●iam , cum sua culpa id mereantur ut quidvis pati●●ntur . quis ergo miretur si populus ob flagitia & scelera principum paenas luat ? primum , cur non juxta naurae regulam cum proximo agimus ? sic enim omnes frat●es essemus , & principe nullo esset opus . deinde , cur non summo studio justitiam sectamur , & exosam habemus injustitiam omnes ? sic enim facile fieret ut unanimi consensu tyrannunt officio moveremus . nunc cum tam ●epidi sumus in tuenda justitia publica , sinimus ut impune vitia tyrannorum hodie regnent . merito ergo ab illis conterimur , & tandem cum illis luimus . non ergo desunt viae per quas tyranni tollantur , sed deest publica justitia . cavete vobis , o tyranni , evangelium enim iesu christi late sparsum vitam multorum innovabit ut innocentiae & justitiae plurimi studeant , cui & si vos studueritis , summo honore vos prosequantur , sin furere & vim facere perrexeritis , omnium pedibus concul●abimini . so he the last is the generall union of the states of the united provinces , to defend their liberties and religion , made at brussels , the tenth of ianuary . thus related by grimston in his history of the netherlands l. . p. . . the states seeing themselves ingaged in warre on all sides against the spaniards , ( who were proclaimed enemies to the countrey ) fearing some dis-union amongst themselves , by the inticing perswasions of such as sought to dismember them , they resolved , before that don iohn should enter into the countrey , to make a generall union among themselves , as well prelates , noblemen , and townes , as of others of the seventeene provinces : which was allowed by the lords of the councell of state , deputed by the king , for the government generall of the said countries ; whereof the originall remaines in the custody of the states of brabant . of which union , the tenor followeth . a generall vnion of the states . vve who have signed these presents ; prelates , church-men , noblemen , gentlemen , magistrates of the king , townes , castles , and others , making and representing the states of the seventeene provinces , being presently assembled in this towne of brussels , and others , being under the obedience of the most high , mighty , and famous prince , king philip , our soveraigne lord and naturall prince ; we give all men to understand , both present and to come , that seeing our common countrey afflicted by a more then barbarous and tyrannous oppression of spaniards , we have beene forced and moved to unite our selves together , and with armes , counsell , men , and money , to assist one another against the said spaniards , and their adherents ; being declared rebels to his majesty , and our enemies . and that this union and conjunction hath beene since confirmed by the pacification last made ; and all by the authority and consent of the councell of state , committed by his majesty for the generall government of the said countries : and as the pretended end of this union requires all fidelity , constancie , and naturall assistance for ever ; and that we would not by any misprision have cause of jealousie or mistrust , and much lesse of any bad affection or disposition of any of us ; but contrariwise , to have the affaires of the said union effected with all the sincerity , fidelity , and diligence that may be , so as not any of the subjects and inhabitants of the said countries and province may have any just cause to be discontented , or to doubt of us : for these considerations and reasons , and that nothing may be treacherously done , to the prejudice of our common countrey , and just defence ; or that omitted by negligence , which shall be necessary for our just and lawfull defence ; we have by vertue of our power and commission respectively , and otherwise for us and our successors , promised and doe promise , by the faith of christians , of honest men and true countrey-men , to keepe and entertaine inviolably for ever the said union and association ; so as not any one of us may breake or fall from it , by dissimulation , secret intelligence , or in any sort whatsoever . and that for the preservation of our holy , catholike , and romish faith , and the accomplishment of the pacification , as also for the expulsion of spaniards and their adherents ( with all due obedience to his majesty ) for the good and quiet of our countrey , and the maintenance of our priviledges , rights , freedomes , statutes , customes , and antient uses : for the effecting whereof , we will use all meanes possible ; imploying both money , men , counsell , and goods , yea and our lives , if it were necessary , and that none of us may in private give any counsell , advice , or consent , nor have any secret conference with them that are not of this union , nor yet reveale unto them in any sort what hath or shall be treated of in this assembly , o● resolved ; but shall wholly conforme himselfe according to our generall and common resolution . and in case , that any province , estate , countrey , towne , castle , or house , were besieged , assaulted , invaded , or opprest in any sort whatsoever : yea , if any of us , or any others ( having indeavoured himselfe for his countrey and the just defence thereof , against the spaniards , or for other causes depending thereon , as well in generall as particular ) should be sought after , imprisoned , ransomed , molested , or disquieted in his person , and goods , honour , and estate , or otherwise ; we promise to give him assistance by all the said meanes ; yea , and to procure the liberty of them that shall be imprisoned , either by force , or otherwayes ; upon paine to be degraded of their nobility , name , armes , and honour , and to be held perjured , disloyall , and enemies to our countrey , before god and men , and to incurre the note of infamy and cowardise for ever . and for the strengthening of this our holy union of association , we have signed these presents the tenth of ianuary , . underneath were the signatures of the deputies of every province , prelates , noblemen , and commissioners for townes ; and underneath them , was written the agreation of the councell of state , as followeth : the deputies of the generall estates here under-written , having required them of the councell of state , committed by his majesty for the government of the netherlands , to consent unto and allow of that which is contained in the union above written : the councell , in regard of the said request , and the reasons therein contained , have as much as in them lay , allowed , and doe allow by these presents , the said union , according to the forme and tenor . made at brussels in the state-house , in the assembly of the said states , the tenth of ianuary , . and underneath was written : by the commandement of the lords of the councell of state : signed ; berrii . if any shall here object ; that kings are of divine institution ; whence , dei gratia , ( by the grace of god ) is peculiarly annexed to their titles ; and not communicated unto subjects . therefore though they prove never so flagitious or tyrannicall , they may in no wise be forcibly resisted , or questioned by their nobles and parliaments for their crimes . i answer briefely ( because i have elswhere largely dissipated this objection ) first , that kings are no more of divine institution , then any other inferiour magistrates officers , or princes what soever ; as the scriptures abundantly evidence . but all other inferiour magistrates , officers , and princes whatsoever are resistible , questionable , censurable , and deposible for their tyranny , wickednesse , and misgovernment by the parliaments censure , as i have proved , notwithstanding their divine institution ; therefore such degenerating kings too , as well as they in such cases . secondly , all ministers of the gospel , are as much , ( if not farre more ) iure divino , and by gods owne ordination , as kings are ; a truth undeniable confessed by all our kings in their ordinary writs to bishops as the words , rex eadem gratia , episcopo , attest . but they for their offences and misdemeanors contrary to their function , may be both forcibly resisted , censured , deprived , degraded , yea and executed , thnotith standing their divine right and institution ; as the canons of most councels , we practise of all ages , yea , the expresse letter of the . article of the church of england , with all our episcopall canons and canonists attest : therefore tyrannicall degenerating kings may be so too , by the selfe-same reason , in some cases . thirdly , this title of dei gratia , in publike writs , anciently hath beene , and yet is common to bishops , prelates , inferiour magistrates , and subjects , as well as to kings ; as sundry precedents in our law bookes , matthew paris , salon , with others attest , and mr. iohn selden in his titles of honour , part . . chap. . sect. , p. . professedly proves at large , to whom i shall referre you : but these both lawfully may be , and alwayes have beene forcibly resisted , questioned , convented , deprived , censured for their tyranny and misdemeanors , notwithstanding this their stile of dei gratia , or pretence of divine institution : yea , we know that bishops have beene lately thrust out of many churches , notwithstanding their long pretended ius divinum to support their hierarchy ; and iohn gerson a papist , hath writ a particular treatise de auferibilitate papae , notwithstanding the popes pretended divine title to his monarchy , which may be now , and one day shall be totally abolished . therefore tyrannicall degenerous kings , may be justly resisted , censured , deprived , as well as they , and royalties changed into other governments , by the peoples and kingdomes common consents , if they see just cause . if any secondly object : that kings are annoynted at their coronation ; therefore their persons are sacred , irresistible , unquestionable , unpunishable , for any tyrannicall or exorbitant actions whatsoever . i briefely answer : first , that every christians baptisme , ( being a sacrament of christs owne institution ) at least his spirituall unction and sanctification , ( as i have formerly proved ) makes a person as sacred , yea more holy , then kings annoynting ( being no sacrament ) can , or doth of it selfe make the person of any king whatsoever . a truth which no christian can without blasphemy deny . but baptisme , and the inward unction of the spirit of grace and sanctification , exempts no christians from resistance , censure , punishments of all sorts , in case they commit any exorbitant or capitall crimes ; as experience tels us : therefore kings coronation annoyntings cannot doe it . secondly , priests anciently were and at this day too in the roman church , are annoynted as well as kings ; and so are children and si●ke persons ( that i say not altars , bels , &c. ) with chrisme and extreame vnction : but these unctions conferre no such immunity to priests , children , sicke men , others , &c. therefore neither can this annoynting doe it to kings , especially now , being no divine institution . thirdly , the annoynting of kings , is not common to all christian kings ( many of them especially in former times , having beene crowned without any annoynting at all ) but peculiar to emperours , and to the kings of ierusalem , france , england , and sictly , the foure annoynted kings , onely , as albericus , restaurus castaldus , antonius corsetus , azorius , cassanaeus , and sundry others affirme , out of the old roman provinciall : though some other kings have now and then beene annoynted when they were crowned , as mr. selden proves . since therefore all kings persons are reputed sacred , as well as these foure who are annoynted ; and these kings as soone as the crowne descended to them , even before their unctions and coronations were deemed as sacred and inviolable as before ; it is certaine , that their very enoyling of it selfe makes no addition to their personall immunities from just resistance , publike censures , or deprivations for grosse unsufferable publike crimes . fourthly , the annoynting of christian emperours and kings is not very ancient . charles the great being the first annoynted emperour it we beleeve mr. selden . the first annoynted king in france , was pipin about the yeare . the annoynting of their clovis the first , about they yeare . with that holy vial of never-decaying oyle ( reserved at rheimes to annoynt their kings ) which they say a dove brought downe from heaven to annoynt him with , ( a ridiculous monkish , fable , much insisted on by bochellus and other french-men , who relate the grand solemnity used in the carrying and recarrying of this fabulous vial , at the french kings coronations ) being not at his coronation , as many fondly mistake , but onely at his baptisme , as mr. selden manifests by pregnant authorities ; the annoynting of kings is farre more ancient in england then in any other realme , as mr. selden notes out of gildas ; yet egfert is the first of whose annoynting there is any intimation in our histories , about the yeare . to adde to the holinesse of which ceremony , some of our monkes in latter ages have forged a legend ( as good as that of the holy vial at rheimes ) that the virgin mary gave to thomas becket , archbishop of canterbury ( during his exile under henry the second ) a golden eagle full of precious oyle , inclosed in a stone vessell , commanding him to preserve it : foretelling him , that the kings of england annoynted with this oyle , should be champions of the church , and bountifull , and victorious as long as they had ●his eagle , & oyle . how late the unction of kings began in other realmes , you may read at large in mr. selden ; and how the later kings of iudah were annoynted , and with what unguent or oyle , the curious may read at leisure in cunaeus . this annoynting therefore of kings being not of divine institution , of such puny date in most realmes , and no wayes necessary nor essentiall to the constitution or inauguration of any christian king ; can adde no immunity , or priviledge at all to the persons of kings , much lesse exempt them from all forcible resistance , just censures , or deprivation it selfe , if there be just and reall cause to proceed criminally against them in case of incorrigibility , as i have elsewhere more fully demonstrated , and therefore shall no further expatiate in this particular here : onely i shall conclude with one notable history which proves it . i read in gulielmus neubrigensis ; that for an hundred yeares space and more , though there were a numerous succession of kings in norway , yet none of them ended his life by old age or sicknesse , but all of them perished by the sword , leaving the soveraigne power of the realme to their murderers , as to their lawfull successors , so as to all those who are knowen to have reigned there for so long a time , that which is written might seeme to have reference ; hast thou slaine , and also taken poss●ssion ? the nobles of this land out of a pious endeavour , desirous to heale this infamous mischiefe , obteining now the vigour of a law as it were through long custome , decreed , that the new king should be solemnly annoynted with a mysticall unction , and crowned , so as no man should dare from thenceforth to lay hands on the lords annoynted : for till that time none in that nation hath ever beene consecrated king after an ecclesiasticall manner , but whosoever had tyrannically slaine a king , put on the person and power of a king thereby , and left the same likewise after a little fortune to his murtherer , by a law of inveterate custome , which verily , out of acertaine christian simplicity , was thought by many to have beene therefore so frequently done , because none of the former kings had deserved to be initiated with the solemnitie of a royall unction . therefore haco being slaine who had succeeded king j●ge slaine by him , when the succession of the crowne seemed to belong to one magnus a child , nephew to j●ge , the wisemen and nobles of the realme by a common decree , caused the said child to be solemnly consecrated to be the lords annoynted , and crowned with a diadem . by which deed they thought that they had a prince made sacred to them , and that the disgrace of the ancient custome was thereby abolished . but when magnus had reigned some few yeares in great prowesse and happinesse , a most infamous priest suerus , surnamed birkebain , usurped a tyranny , twice defeated magnus by warlike stratagems , and at last utterly routed and slew him in battell ; ( notwithstanding his annoynting ) and usurping the crowne , renounced his holy orders , married a wife , and would have beene crowned by the archbishop of that land ; but he being a great man , would neither be moved with prayers nor threats , to annoynt an execrable head with sacred unction , for which he was banished the countrey : at last after two great victories against two competitors who were slaine , suerus obtained the royall crowne , with mysticall unction , by the hands of a certaine bishop compelled thereunto under paine of death , as it were secure by his frequent successes , from the uncertaine end of a long prospering tyranny , &c. by which history it is evident , that it is but a childish simplicity to beleeve , that the ceremony of annoynting kings can of it selfe make kings persons sacro-sanct , or preserve them from violence or assassinations , since it no way prevented this mischiefe in this realme , ( nor yet in any other ) the very first king for whose personall safety this ceremony of annoynting and crowning was introduced among the norwegians and danes , being not long after slaine by his subjects and competitor in battell . i shall close up this with the notable sentence of deprivation solemnly given and executed against wenceslaus the emperour , notwithstanding his annoynting . the sentence of degradation and deprivation of the emperour wenceslaus king of romans , pronounced by the electors of the empire in the yeare of our lord. . in the name of god amen : we john by the grace of god , archbishop of the church of mentz , arch-chancellor of the sacred roman empire throughout germany , make knowne to all men present and to come . what various , manifold , and grievous , as well incommodities as discords , have for many yeares since beene brought into the holy church continuing even to this present , and daily sprouting up more abundantly to the most grievous convulsion , imminution , and dissipation of the sacred roman empire , ( which ought to be a garrison to the church of god and the christian world ) as they cannot be all written , so the mischiefes daily increasing do manifestly enough teach and confirme . and for this cause the lords electors of the sacred roman empire , the ardent petitions of the holy church , princes , nobles , cities , provinces , and subjects of the sacred empire , intreating , desiring a prudent moderator , have long agone very often and seriously , together with us admonished the most illustrious prince lord wenceslaus king of bohemia , both by their owne and their friends labour , and finally by letters ; and have diligently set before his eyes , privately and publikely , his unbeseeming and detestable manners and actions in governing , as also the defects , incommodities and discords of the said church and christian world , likewise the most grievous avulsions and diminutions of the members of the sacred empire , hurtfully done , and permitted to be done , against the dignity of his name : to wit , that he hath not promoted peace in the church , although the great necessity of the christian world , as likewise his office of advocate and defendor of the church , earnestly required it , and he hath also beene frequently desired , required , and admonished to doe it : he notwithstanding perniciously mutilated the empire , and permitted it to be maimed in some members . in the number whereof are millain , and the province of lombardy , which were of the right of the same roman empire , most ample emoluments returning thence to the empire : in which dominion the millainer , like a minister , enjoyed it as a part of the roman empire ; when as he , contrary to that which became his sublimity and dignity , receiving money , created a duke of millain , and an earle of papia . moreover , he hath alienated divers cities and lands belonging to the empire , as well in germany as in italy , some whereof had returned to the same , having little consideration , that he ought to retaine them with the sacred empire . moreover , he hath sold for money to his friends , very many naked and unwritten parchments , ratified notwithstanding with the seale of his majesty ; wherein it was lawfull both for them and others into whose hands these parchments came , to write what things they pleased under the royall seale . out of which thing , for the hurtfull diminution and dissipation of the rights and emoluments of the sacred roman empire , great complaints are risen up . moreover he never had any care of the controversies and warres , which ( alas for griefe ! ) have ●iserably afflicted and ruined germany , and other lands of the sacred empire . hence spoylings , burnings , and robberies have sprung up , with such lamentable encreases even at this day , that none , neither clarks nor laicks , neither husbandmen nor merchants , neither men nor women , whether by land or sea , may converse in safety . temples , monasteries , and religious houses , which the sacred empire ought with its hand to assist and defend , are exposed to rapines , and burnings , and reduced to destruction . things are gone to this passe , that every one might have handled , and may even now handle another at his pleasure , against the reason of right and equity , without any feare of the sacred , and long despised imperiall authority , so as even the place of conventing any one , where the defence and patronage of right may be undertaken in the name of the empire , is altogether unknowne . finally , which is horrible and dreadfull to be spoken , both with his owne hand , and the hand of other wicked instruments he hath with him , he hath put to death , drowned in the waters , burned in the fire , miserably and cruelly destroyed , the reverend bishops of holy things , priests , and spirituall pastors , likewise many other men of honest note , against the rule of right , otherwise then became the king of romans . which mentioned things verily , and many other grievous wickednesses and dammages are so divulged and openly knowne , that they can be no wayes excused or concealed . therefore we , as we have fore-written , have frequently very earnestly beseeched , admonished , and required him , that renouncing this unbeseeming kind of life , he would take the study and labour to himselfe , whereby he might recover to the holy church , oft-times imploring his aide , as king of romans , and her advocate , peace and tranquillity , and to the sacred empire , its prestine honours , dominions , and finally its emoluments ; to the assistance and consolation of the christian world , grievously debilitated and oppressed in this regard . now albeit we have most clearely explicated to the foresaid lord wenceslaus , and exhibited to him in writing , these and other more grievous defects , concerning him as king of romans , and the empire ; yet having heard his answers , and having reiterated our serious exhortations , moreover having communicated the businesse to the sacred roman sea , we have never as yet found him , to have amended his manners as became a king of romans ; namely to recover peace to the church , principally n●cessary to the christian world ; also to the sacred empire , its dignities , lands , and dominions : a thing which is most notoriously knowne throughout all the provinces of the empire . therefore because we could no longer neither conceale , nor endure the remembred and many other defects , touching the sacred church and empire , with grievous losse and mourning ; by reason of the instant petitions of the persons aforesaid , but especially by reason of the oath wherewith we are obliged to the same , as the next superiour members of the sacred empire ; therefore as of bounden duty , we were to advise and endeavour how the sacred empire might be more rightly and wholesomly provided for , ( by whose madde and negligent administration those inconveniences have crept in ) to the safegard and consolation of the christian world . and verily as he in obeying us , had performed an acceptable thing , so we have sufficiently and seriously called and cited him , so as wee have signified to him ; that unlesse he should be present at the place and day appointed , it would come to passe , that both in respect of the petitions exhibited to us , as likewise in respect of our oath , we should be compelled to take and enter into such counsels , whereby the sacred empire might be better setled : most clearely attesting it in our letters . for this purpose we appeared at the place and time prescribed , together with our coelectors sufficiently summoned , also with the other princes and of the sacred empire , expecting from day to day , whether the foresaid lord wenceslaus would appeare , to apply a remedy to the foresaid diseases , and from thenceforth more rightly to consult about the affaires of the sacred empire . but he neither vouchsafed to appeare , nor yet to send any one to us in the name of a proctor . wherefore when as by reason of so many pregnant and pernicious defects , we had admonished and reproved him very often in private and in friendly manner , but after that , when we could doe no good , before the princes and nobles , and cities of the empire , in divers assemblies , not without great and grievous expences , yet without any fruit ; therefore we referred all the fore-mentioned things to the sacred roman sea. but when as neither then , he no whit regarded all those things , we could conjecture nothing else from thence , but that he had laid downe the care both of the church and christian world , but especially of the sacred empire . therefore resolving , that this mischiefe , destructive to the whole christian republike , was by no meanes to be any longer borne and tolerated , with a minde well confirmed , after many and various debates and consultations , both betweene our selves , as also with other princes and nobles of the sacred empire , seriously had , for the safety of the church , the consolation of the christian world , the honour and profit of the sacred empire , we have thought meet , that the foresaid lord wenceslaus , should at this time be wholly removed from the roman sacred empire and all its dignity , as one that is negligent and a destroyer of the empire , and unworthy of it . therefore we john , archbish. in the name of the foresaid lords coelectors of the sacred empire , and our owne , moved both with the commemorated , as also with many other notable defects and causes , by this our sentence , which we give and pronounce by this our present writing , deprive and remove the foresaid lord wenceslaus , as an unprofitable , negligent waster , and unworthy defender of the sacred empire , from the foresaid roman empire , and from all his degree , dignity , and dominions appertaining to the same : denouncing to all the princes , nobles , knights , gentlemen , cities , provinces and subjects of the sacred roman empire , that they are altogether free from all homage and oath made to the person of wenceslaus in the name of the empire : requiring and admonishing them under the faith of the oath , wherewith they are obliged to the sacred empire , that they doe not henceforth , obey , and submit to the said lord wenceslaus , as the king of romans , nor exhibit or suffer to be exhibited to him any right , obedience , tribute , rent , or any other revenue , by what name soever it may be called ; but reserve the said duties , for a profitable and idon●ous king of romans , hereafter to be substituted by gods gracious assistance . in assurance and testimony of all which things , we john archbishop of mentz , have caused this present instrument to be made by the subscribed notaries , in this patent forme , and our great seale to be affixed thereunto . this premised sentence was read and pronounced by us john archbishop of mentz , in our name , and the names of the lords , coelectors before remembred , under the castle lonstein at the rhene , in the diocesse of triers , reaching towards brubachium , out of a publike throne , erected for the use of a tribunall , the lords coelectors sitting there in judgement , in the yeare of our lords incarnation , . the eight indiction , on saturday the twentieth day of the month of august , a little before the time of the nones ; in the eleventh yeare of the papacy of our most holy father and lord in christ , lord boniface the ninth , pope , by divine providence ; in the presence of the most illustrious princes and lords , john , sonne of the most illustrious prince and lord rupert , duke of bavaria and count palatine of rheine , fredericke burgrave of norimberge , the noble philip lord of nassau , and sarbrucke , emichon of luringen , john of zigenhaim , cunrade burgrave , our canon of mentz , earles : bernhard of westerburg , john of limpurge , rinehard of honowe , barons : mr. nicholas berwin of the sacred page , john of witenburg , and nicholas burgman , of the decrees ; mr. herman president of saint gerion of colen , doctors of the law : likewise the valiant knight sigfride of lindow , our vice-commander in ringaugia ; john bossen of waldeck , our buggrave beckelnheim ; and our trusty henry rulman , of dadenberg , gerard of emerberg , lord in lantscron , fredericke of sachenheim , culman of con●ren , john of dalburg , rudolfe of zei●●ikon , as also many other lords , knights , and gentlemen , spirituall and secular , standing by in great number , called and requested to the things above written . and i nicholas berchtoldi fridberg , clerke , publike notary of the diocesse of mentz , by episcopall and emperiall authority , and sworne scribe of my foresaid most gracious lord , lord john archbishop of mentz , because at that time i was personally present when this sentence which we have fore-writ , was given and pronounced , together with the publike notaries and witnesses commemorated , and saw and heard all these things to be done ; therefore at the command and request of my foresaid most gracious lord of mentz ; have reduced this publike instrument faithfully put in writing , into publike forme , and have subsigned and ratified it with my accustomed signe of notariship , having likewise annexed the great seale of my foresaid lord of mentz , in assurance and testimony of all the premises . the names of the notaries are , nicholaus berchtoldi fridburgensis . ioannes meier junior gasterveidensis . conradus a leiborn , clerious , padebornensis diaecesis . henricus s●alberg rotenbergensis . tilmannus a honberg . conradus coler zus●ensis , coloniensis diaecesis . finally , it is evident ; that the nobles , magistrates , parliament , and representative body of the people , or some part of them in default of the rest , may lawfully take up defensive armes to resist their princes , endeavouring to abrogate the law of god , to waste the church , and exti●pate the true religion setled among them by the lawes , and usher in idolatry . and , that in such a case as this , neighbour princes and states lawfully may , yea and ought in point of conscience , to aide the subjects of other princes , afflicted for the cause of pure religion professed by them , or oppressed by open tyranny . these propositions are largely and professedly debated by iunius brutus in his vindiciae contra tyrannos : quaest . . . & . . throughout , in the treatise intituled de iure magistratus in subditos , spent wholly in this theame . georgius obrectus : disput. iurid . de principiis belli . num. . to . by vasquius . contr. illustr . . n. . and elsewhere , by alhericus gentilis , and sundry others forecited : i shall onely fortifie the later part thereof , with the observation of the duke of rhoan , who acquaints us ; that it is , and hath beene of later yeares the very true interest , honour , and greatnesse of the kings and queenes of england , both in point of policy and religion , to protect and assist with armes all princes of the reformed protestant religion , in france , germany , and other parts ; as it is the true interest of the kings of spaine , to protect and releeve all oppressed or grieved roman catholicks under the dominion of other princes : and that their honour , safety , and greatnesse principally consists in the observation and maintenance of this their interest : and with the words of iunius brutus ; who thus states and debates the question . an iure possint , aut debeant vicini principes auxilium ferre aliorum principum subditis , religionts causa afflictis , aut manifesta ty●annide oppressis ? in defining this question ( saith he ) there is more need of conscience , then science , which would be altogether idle , if charity obtained its place in this world . but because as the manners of the times are now , there is nothing more deare or rare among men , then charity it selfe , we thinke meete briefely to discusse it . the tyrants as well of soules as bodies ; as well of the church as common-wealth or realme , may be restrained , expelled , and punished by the people . both these we have already proved by reasons . but , because such is the fraud of tyrants , or such the simplicity of subjects for the most part ; that they are scarce known before that they have spoyled ; or these scarce thinke of their safety , till they have almost perished , and are reduced into those straits , out of which they cannot get out with their owne forces , so as they are compelled to implore the aide of other ; it is questioned , whether they defending the cause of religion or of the common-wealth , of the kingdome of christ , or of their owne kingdome , other christian princes may lawfully assist them ? and truly many , whiles they have hoped to increase their wealth by ayding the afflicted , have presently judged it to be lawfull . for thus the romans , alexander the great , and many others , under pretext of suppressing tyrants , have frequently enlarged their dominions : and not long since we have seene henry the second , king of france , to have made warre with the emperour charles the fifth : and that under pretext of succouring and defending the princes of the empire , and of the protestants too ; as also henry the eighth , king of england , was ready to aide the protestants in germany , to make worke for charles the fifth : but if any danger may be feared from thence , or little gaine may be expected , then verily they must heare most princes disputing , whether it be lawfull or no ? and as those under a pretext of piety , did cover either ambition or gaine ; so these pretend justice for their sloathfulnesse ; when as verily neither did piety exhort them , which seekes onely the good of others , nor yet justice ought to dehort these , which looks wholly abroad , and is as it were , cast out of its owne doores . therefore , discharging both these , let us see first in the cause of religion , what true piety , and what true justice may perswade . first , let it be agreed , that there is but one church , whose head is christ , and whose members so cohere and agree among themselves , that none of them ; even the smallest can suffer violence or hurt , but the rest are hurt and suffer griefe , as the whole scripture teacheth . therefore the church is compared to a body . now the body is oft-times affected not onely with the hurt of the arme , or legge , but even of the very least finger , or perisheth with its wound . therefore in vaine may any one boast , that he is cordially affected with the safety of the body , who when he may defend the whole , yet suffers it to be torne and mangled limb after limb . it is compared to a buildings now , where mines are made against any part of the building , the whole building oft-times fals downe to the ground ; and the flame which invades any part thereof en●●●gers gers the whole . therefore he should be ridiculous , who because he 〈◊〉 in the calla● perchance , should delay to drive the flame from the top of the house . he should be scarce in his wits , who would not prevent mines with countermines , because they are made against this wall , not against that . it is also compared to a ship : now the whole ship is endangered together , the whole perisheth together : therefore those are equally safe who are in the fore part , as those who are in the puppe ; those who are in keel , as safe as those in the shro●ds , if the storme rage : whence verily even in the common proverb , those who are conversant in the same danger , are said to be in the same ship : these things laid downe , verily he who is not moved with its griefe , burning , to ssing , is not of that body , is not accounted of the family of christ , hath no place in the arke . yet he who is but a little moved , ought no more to doubt , whether he ought to aide the afflicted members of the church , then whether he may helpe himselfe , since in the church all are one ; but rather every one is bound in his place to afford his helpe and assistance to them ; and so much the more helpe , by how much the more riches he hath received from god , not so much to be possessed , as expended . this church as it is but one , so likewise it is universally and intirely committed , commended to all christian princes severally : for because it had beene dangerous to commit the whole church to any one ; and to commit the severall parts thereof to particular persons , had beene clearely contrary to its unity ; god hath committed all of it to every of them , and its particular parts to any of them : nor yet so , as that they should onely defend it ; but also , that they should have a care to propagate it , as much as they are able . therefore if the prince of the countrey , takes care of one part thereof , perchance the german or engl●sh ; but yet deserts and neglects the other oppressed part , if he be able to relieve it ; he is judged to have deserted the church , since the spouse of christ verily is but one , which he ought to defend and protect with all his might , lest it should be violated or corrupted any where . the instauration of this universall church as private men are bound to promote with bended knees , so magistrates , i say , are obliged to doe it with their feet , hands , and all their strength . neither is the ephesian church one , the colossian auother , and the rest ; but all these particular churches are parts of the universall ; now the universall is the kingdome of christ , which all private men ought to desire ; but kings , princes , magistrates , are bound to amplifie , dilate , defend , and propagate every where , and against all whomsoever . therefore among the jewes there was one onely temple built by solomon , which represented the unity of the church . now he should be a ridiculous churchwarden , and to be punished , who should take care onely to preserve one part safe and sound , but suffer the rest to fall to decay ; likewise all christian kings when they are inaugurated , receive a sword , of purpose to defend the catholike or universall church ; which taking into their hand , they point out all the quarters of the world , and brandish it towards the east , west , south and north , lest any part thereof should be thought excepted . since then they receive the protection of the church in this manner , without doubt they understand the true , not false church . therefore they ought to doe their endeavour to defend , and to restore intirely , that church , which they professe to be true and pure . now that thus it was observed by pious princes , examples may teach us . in the time of hezekiah king of iudah , the kingdome of israel was long before enthralled to the king of assyria , to wit , from the time of king hoshea : therefore if that church of god onely which is in the kingdome of iudah , and not also the universall , had beene committed to hezekiah ; and if the bounds of the realmes had been to be kept in defending the church , in the same manner as they are in imposing tribute ; without doubt hezekiah , especially at that season wherein the assyrians enjoyed the empire of the world , would have contained himselfe : but we see that he invited by posts all israel , the subjects , i say , of the king of assyria , to celebrate the passeover in ierusalem ; and moreover that the godly in israel helped them in pulling downe the high places , even in the territories of ephraim , manasses , and the rest . so likewise we read that king iosiah , a most godly prince , purged not onely his owne kingdome , but the realme of israel likewise , then wholly subject to the king of assyria , from the worship of idols . verily where the glory of god , where the kingdome of christ are in question , no limits , no bounds , no railes ought to exclude or keepe off the zeale of pious princes . but if peradventure some greater feare hangs over their heads , they may remember by the example of these , that those who truly feare the lord , can feare no man. these examples of pious princes , since the time that the church , which was first circumscribed in palestina , hath beene spread over all the world , many christian princes have followed : constantine and licinius were both emperours , he of the east , this of the west : they were likewise colleagues endued with equall power : now it is known , what is commonly spoken ; that one equall hath no empire over another equall : yet notwithstanding constantine made warre with licinius : who being vexed , slew the christians , and among them many of the nobles , either for the cause , or for the pretext of religion ; by force obtaines free profession of religion for the christians ; and finally breaking his faith , and reverting to his pristine cruelty , he commanded him to be put to death at thessalonica . this i say did constantine the great , whose piety is so much celebrated by the divines of that age , that some of them will have that spoken of him , written in the prophet esay ; that kings should become nursing fathers and pastors of the church . he being dead , the roman empire was divided between both his sonnes by equall right , no prerogative being annexed to either of them . of them , constans fostered the orthodox , constantius the elder , the arrians ; and he verily expelled athanasius the enemy of the arrians , out of alexandria . truly , if any rules of bounds ought to have beene kept , it ought to have beene betweene brethren : yet in the meane time constans threatned his brother , if he restored not athanasius ; being ready to doe it by force , unlesse constantius had speedily restored him intirely ; now if so be he doubted not to doe this , onely for the restoring of one bishop , might he not much more justly doe it , where some part of the people is oppressed , when they implore assistance , when they desire to defend their religion by the nobles approbation ? so likewise theodosius , by the perswasion of bishop atticus undertook a warre against chosroes king of persia , that he might releeve the christians persecuted for religion sake , although they were truly privat men , which surely those most just princes , who enacted so many lawes , and who had so great a care of law , had never done , if they had imagined , that by this their act others territories and the lawes of nations had beene violated . yea , to what end were so many expeditions of christian princes into syria against the saracens ; to what end were those saladinian dismes so oft imposed ; to what end so many sociall warres against the turkes , so many crossadoes indicted against them , if it be not lawfull for any christian princes , even the most remote , to free the church from tyranny , and christian captives from the yoke of bondage ? now with what arguments were they impelled to the warre , with what reasons were they urged ? unlesse these , that the church was one ? that christ called all whatsoever from all quarters to this service ? that common dangers were to be repulsed with common armes ? all which likewise doe plainely suite with this our cause . now and if this were lawfull for them against mahomet ; yea , not onely lawfull , but likewise as a reward was appointed to the industrious , so a punishment both to the sloathfull , and delayers ; why not also against the enemy of christ ? if i say , against the graecians be●ieging our troy ; why not also against sinon the incendiary ? finally , if it be a pious act to free christians from bodily servitude , ( for the turkes compell no man to it ) is it not much more so , to manumit the soules of miserable men , and to restore them to liberty ? and verily these so many examples of pious princes may be insteed of a law. but now heare what god himselfe by the mouth of his prophets doth every where threaten against those , who promote not the instauration of the church , or neglect its affliction . the gadites , reubenites , and halfe tribe of manasses , desire of moses that their portion might be given to them and their families on this side iordan : and moses truly gave it them ; but with this law and condition ; that they should not onely helpe their brethren , the other israelites , in conquering the land of canaan , but , because they had first obtained their portion , that they should goe before them , and be placed in the forefront of them : which if they should not doe , he accurseth them , smites them with anathema , and compares them to those who had beene judged rebels at cadesbernea : for what ? saith he , shall your brethren goe to warre , and you in the meane time sit still here ? but rather you shall passe over iordan , neither shall you returne againe hither to your houses before that god hath expelled his enemies from before his face , and given rest to your brethren , as he hath given unto you : then verily you shall be innocent before the lord of israel ; verily those on whom the great and good god hath bestowed so great a benefit , unlesse they assisted their brethren , unlesse they were companions of their labours , unlesse they went before them , should without doubt receive most grievous punishments . likewise , when under the conduct of deborah , those of nephthali and zebulon had taken up armes against the tyrant iabin , and in the meane time the tribe of reuben , which ought to be first in armes , delighted themselves with the pipes among the pastures of the flockes , dan boasted of the empire of the sea , asher finally trusted in the asperity of mountaines , all of them are most expresly condemned by the spirit of god , speaking by the prophetesse ; curse ye meroz , saith the angel of the lord , curse ye bitterly the inhabitants thereof , because they came not to the helpe of the lord against the mighty . but blessed above women shall iael the wife of heber the kenite be , who ( although she might have pleaded a truce with the heathens ) yet notwithstanding shee slew sisera , the captaine of the enemies hoast . therefore piously spake vriah , the arke , and israel , and iudah abide in tents , and oft times passe the night without sleepe in the open fields ; shall i then feast with my wife , eate , drinke , and follow my pleasures ? as the lord liveth , i will never doe this . contrarily the princes of israel did impiously , who trusting in the difficulty of the mountaines of samaria , and in the munition of sion , flowed with luxury , feasted , dranke , slept on beds of ivory , anoynted their heads ; but in the meane time wonderfully despised contrite , cruciated , afflicted ioseph , neither were any way moved with his affliction . therefore saith the lord of hoasts , i abhorre the excellency of iacob , and hate his palaces ; i have sworne by my soule that i will deliver up the city ; and all that is therein , yea , these who so greatly rioted shall soone goe with the first into captivity . impiously also did the ephramites , who did not onely not gratulate gideon and iephtha , attaining the victory and triumphing , but likewise envyed them , though yet they deserted them when they were in danger . likewise the israelites , who when david reigned , cryed out ; saying : behold we are thy flesh and thy bones ; when he was reduced into straites , said : we have no part in david , nor in the sonne of iesse . impiously doe all those christians onely in name , who will communicate in the sacred feasts of the church , and yet will not so much as taste the cup of bitternesse with their brethren , who seeke salvation in the church , and yet take no care for the salvation and safety of the church and of its members . finally , they acknowledge one father , god ; one family , the church ; professe themselves to be one body in christ ; yet neither yeeld any aide to christ afflicted in his members , or bestow their wealth on him being poore . what thinke we shall be the future punishment of their impiety ? moses compares the deserters of their brethren , to the rebels at kadesbarnea : now none of those by gods owne decree , entred into canaan . therefore they can seeke no place for themselves in the co●lestiall canaan , who assist not christ most miserably crucified , and dying a thousand times every day , and implores as it were their helpe from doore to doore . christ himselfe condemnes those to eternall fire , who harboured him not when he was a stranger , who fostered him notwhen he was a cold , who cloathed him not when he was naked , who relieved him not when he was poore , who freed him not when he was captive . therefore they ought to know , that eternall fire is prepared for them , who passe him by with a deafe eare daily , suffering such things , although in the meane time they may seeme to worke great miracles ; and therefore verily it shall be easier for certaine insidels , than for them ; for what doe the jewes , the scribes and pharisees properly cruci●ie christ ? doe the ethnickes , turkes , ●inally some christians , persecute , crucifie , vex christ in his members ? the jewes professe and beleeve him an imposter ; the ethnickes a malefactor ; the turkes an in●idell ; others an heretique . therefore if they consider the minde of them all , from whom we commonly measure the crime , they all seeme to persecute noxious , impious men deserving punishment , not properly to slay christ ; but they onely doe truely persecute , truely slay him , who willingly suffer him whom they professe their messiah , redeemer , god , to be tortured and crucified in his members , when they might hinder it . in summe ; he who delivers him not from death , when he may , is equally guilty with him that slayes him : for because he would not helpe him , he willed he should be slaine ; now in a crime the will it selfe ought to be regarded . but certainly , the murther , especially of christian princes , who helpe not those who are persecuted for religion , is so much the more grievous , by how much the more they slay , whom they might set free , and by how much it is more wicked to slay a brother , than any other person . a wickednesse more horrid than that of the tyrants themselves ; by how much it is worse to slay a good , just , pious , innocent man , than a theefe , imposter , ●orcerer , hereticke ; more flagitious to assault god , than any man : and finally , by how much perfidiousnesse in an equall fact exceeds ignorance . but whether shall it be lawfull to determine the same of those , who give no assistance to those who are oppressed with tyranny , or defend the republicke against tyranny ? since a reason cannot be given of so s●raite an alliance , of so strict a covenant ; when as , i say , we doe not here discourse of the church , which is but one of all men ; which being one and universall , is committed to every one ; but of the republicke , which may be different from that of others ; and being different , is committed severally to others ? a neighbour , saith christ , is not a jew to a jew onely , but to a samaritan , and to any man. now we ought to love our neighbours as our selves . therefore a jew , if he would discharge his duty , is bound to deliver from a theefe , if he be able , not a jew onely , but likewise every stranger , yea likewise one unknowne . neither will any one dispute , whether it be just to defend himselfe ; seeing verily it is more just to defend another than himselfe in this respect , wherein things are more just , which meere charity doth , than those which either anger , or revenge , or other perturbation of the minde doe : and no man holds a meane in revenging his owne injuries ; but in other mens , although more grievous , even the most immoderate may hold a meane . but we may learne from the heathens themselves , what humane society , and what the common nature of all men require of us in this thing . for cicero saith , there is one nature of all men ; that even nature it selfe prescribes this , that a man ought to take care of a man , who ever he be , even for this very cause , that he is a man. if otherwise , all humane consociation must necessarily be dissolved . therefore , as there are two foundations of justice : first , that no hurt be done to any ; next , that the profit of all , if it may be done , be advanced : so also there are two kinds of injustice ; one of those who offer injury ; the other of those who propulse not wrong from those to whom it is offered , if they be able . for he who doth unjustly against any one , incited either by anger , or other perturbation , he seemes as it were to offer violent hands to his companion ; but he who doth not defend , or resist an injury if he can , is as much in fault , as if he deserted either his parents , or friends , or country . so that what the one doth , anger is judged to doe , which is reputed a short fury ; what the other , an evill minde truely , which is a perpetuall tyranny . and however his fury may be excused , the others destinated counsell can by no meanes be excused . thou wilt say , i feare that while i repulse an injury from him , i should doe an injury to the other . yea verily , thou wilt cover thine injustice with a pretext of justice ; whereas if thou consultest with thy selfe , not justice moves thee to desert thy duty , but rather some other cause . for , as he saith in another place , either thou wilt not undertake enmities , or labour , or cost ; or else thou art so hindered with negligence , sloathfulnesse , idlenesse , or with thy studies , or certaine imployments , that thou sufferest those to be deserted , whom thou oughtest to protect . but while thou sayest , thou dost thine owne businesse , lest thou mightest seeme to doe wrong to any , thou runnest into another kinde of injustice . for thou desertest the society of life , because thou bestowest on it nothing of thy study , nothing of thy paines , nothing of thy goods . these things ethnickes , philosophers , and politicians hold , truely more piously than many christians in this age . hence a neighbour is bound by the lawes of the romans , to take away a servant from a cruell master . but among the aegyptians , he who had casually found a man to be beaten by theeves , or to suffer any injury , and had not rescued him , if he could , was guilty of death : if not , hee was bound to accuse the theeves before the magistrate : which if he had neglected , he was beaten with a certaine number of stripes , and punished with a three dayes fast . now if this verily be lawfull in one neighbour towards another , yea , lyeth upon him out of duty to assist every one he meets against a theefe ; shall it not be much more lawfull to a good prince , not onely to ayde and patronize servants against a raging master , or children against a furious father ; but a kingdome against a tyrant , a republike against the private lust of one man ; a people , a lord , i say , against a publike servant and agent ? yea , verily , if he shall neglect it , shall not he merit the name and punishments of a tyrant , as the other of a theefe ? hence thucydides saith , not onely those are tyrants who reduce others into servitude , but much rather those who when they may repulse that violence , take no care to doe it : but especially those who will be called the defenders of greece and the common country , but yet helpe not their oppressed country : and rightly ; for a tyrant is in a sort compelled to retaine violently the tyranny which he hath violently invaded ; because , as tyberius said , he seemeth to hold a wolfe by the eares , which he cannot retaine without force , nor yet let goe without danger . therefore that he may extinguish one crime with another , hee commits many wickednesses , and is compelled to injure others , lest he should be injurious to himselfe . but that prince who idlely beholds the wickednesses of a tyrant , and the ruine of the blood of innocents which he may hinder , because he doth as it were take pleasure in the gladiatory sport , is by so much more criminous than the tyrant , as he who sets sword-players to fight , is guiltier than the man-slaying gladiator ; as much as hee who slayes a man for pleasure sake , is more criminous than he who doth it by constraint , or out of feare or necessity . if some oppose ; but it is a fault for any to intermeddle with , or thrust himselfe into anothers businesse : terentian chremes may answer ; i am a man , i thinke no humane thing strange unto me . if others ( that they may seeke lurking holes for their impiety ) object ; that there are distinct limits , distinct jurisdictions ; now it is not lawfull to thrust a sickle into anothers corne : neither truely do i advise , that by this pretence thou shouldest invade anothers territories , usurpe anothers jurisdiction to thy selfe , draw thy neighbours corne into thine owne floore , which most doe under this pretext . i doe not say , that by the example of that arbitrator , of whom cicero , thou thy selfe shouldest judge the thing controverted to thy selfe ; but rather that thou shouldest restraine a prince invading the kingdome of christ , containe a tyrant within his limits , stretch out an helping hand to an afflicted people , and a prostrated commonweale ; but thou must do it in such sort , that thou mayest not looke after thine owne profit , but the good of humane society altogether . for since justice wholly lookes abroad , injustice onely regards it selfe , thou shalt at last doe this justly , if thou shalt have no regard of thine owne profits . briefely , if a prince violently passeth over the fixed limits of piety and justice , a neighbour may piously and justly leape over his limits , not that he should invade anothers , but that he should bid him be content with his owne : yea , he shall be impious and unjust , if he neglect it . if a prince exercise tyranny over the people , he may no lesse , or lesse slackly assist them , than him , if the people should move sedition : yea , he ought to doe it the more readily , by how much it is more miserable , that many suffer , than one . if porsena reduce tarquin the proud to rome , much more justly may constantine , sent for by the people and senate of rome , expell maxentius the tyrant out of the city . finally , if a man may become a wolfe to a man , nothing truely forbids , but that a man may be a god to a man , as it is in the proverbe . therefore antiquity hath enrolled hercules among the number of the gods , because he punished and tamed procrustes , busyris , and other tyrants , ( the pests of mankinde , and monsters of the world ) in every place . so also the roman empire , as long as it stood free , was often called , the patrocinie against the robberies of tyrants , because the senate was the haven and refuge of kings , people , nations . so constantine sent for by the romans against maxentius the tyrant , had god the captaine of his army , whose expedition the universall church exalted with powerfull prayses ; when yet maxentius had the same authority in the west , as constantine in the east . likewise charles the great , undertooke a warre against the lombardes , being called by the nobles of italy to their aide , when as yet the kingdome of the lombards was long before established , and he could claime no right to himselfe over them . likewise , when charles the bald king of france , had by tyranny taken away the president of that country , which lyeth betweene seine and liger , duke lambert , and iamesius , and the other nobles of france had fled to lewis king of germany , charles his brother by another mother , to crave aide against charles and his mother iudith , a most wicked woman : he in a most ample assembly of the germane princes , heard these suppliants , by whose unanimous counsell , a warre was publickely decreed against charles , for to restore the exiles . finally , as there have beene some tyrants in every place , so likewise among all historians there are every where examples extant , of tyranny revenged , and people defended by neighbour princes ; which the princes now at this day ought to imitate , in curbing the tyrants both of bodies and soules of the republicke , and of the church of christ , unlesse they themselves will be named tyrants , by a most deserved right . and ( that we may at last conclude this treatise in one word ) piety commands the law of god to be observed , and the church to be defended justice , that tyrants and the subverters of law and the republike should be curbed ; charity , that the oppressed should be releeved , and have a helping hand extended . but those who take away these things , take away piety , justice , charity from among men , and desire them to be altogether extinguished . so he : if this then be an irrefragable verity , that forraine states and princes are so farre obliged to assist and relieve those of the same religion , and all others whose liberties , rights , priviledges , are forcibly invaded ( which our parliament and state by their assistance , of the netherlands and other protestant states , both in quaene elizabeths , king iames , and king charles his reigne , approved and justified both by words , acts of parliament , and reall performances ) then certainly those of the self-same church , nation , kingdom , and fellow subjects , under the self-same prince , betweene whom there is a farre nearer relation , much stricter obligation , and more strong ingagements , ought mutually to aide and assist each other to the uttermost of their abilities , when their religion , lawes , liberties , be violently invaded , their dearest native countrey wasted , sacked , plundered , burned , ruined , in a hostile warre-like manner , with open force of armes , either by the king himselfe , or a prevailing malignant popish faction , who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power . how much then it now concernes every reall protestant within this realme of england , and all other his majesties dominions to unite all their common forces together , unannimously to protect , defend , maintaine , and propagate our established reformed religion , fundamentall lawes , liberties , the very priviledges of parliaments , their estates , liberties , lives , the peace , welfare , and common good of their dearest native countrey , and our three united realmes against all popish malignant forces now in armes to invade , eclipse , impaire , subvert , sacke , ruine them ; and how monstrously , unnaturally , unchristianly , and detestably impious , treacherous , per●idious , all those english , irish , and scottish protestants proclaime themselves to the present and future age , who now trayterously joyne their forces with the malignant popish party , or prove uncordiall , false , treacherous , and perfidious to their religion , liberties , countrey , and the parliment ( who have not onely waged , imployed , but confided in them ) and contribute their uttermost endeavours to betray , enslave , undermine , and to sacke , burne , and totally overturne them ( as many we finde have done to their eternall infamy ) i here referre to every mans judgement and conscience seriously to determine . certainly such unnaturall monsters , such trayterous judasses , such execrable infamous apostates as these , can expect no other reall remuneration of this their treachery and perfidiousnesse , but the ruine of their credits , the detestation of their persons , memories ; the confiscation of their estates , the extirpation of their families , the execrations of all good men , the severest judgements of god , and utter confusion with horrors of conscience tormenting them constantly day and night , whiles they continue languishing under all these miseries here , and the sharpest torments , the very largest punishments , the hottest flames in hell for ever hereafter : and those antichristian papists who now are and have beene so faithfull , active , zealous , couragious , industrious , liberall , bountifull , if not prodigall to prosecute their owne interests , designes , to maintaine and propagate their false , erroneous , detestable religion , superstitions , idolatries , both in england and ireland with the effusion of their bloud , expence , and forfeiture of all their estates , and never yet deserted , or became treacherous to their false execrable cause or religion in the least degree , shall all joyntly rise up in judgement against them , both here and hereafter , to their sempiternall infamy , reproach , and most just condemnation . o consider this all yee who now so much forget , neglect , betray both your god , your christ , religion , lawes , liberties , countrey , parliament , yea your very selves , your soules , bodies , estates , posterities ; consider with your selves the bitter curse denounced by god himselfe against meroz , iudg. . . consider the fatall , dismall end of treacherous iud●s , matth. . . , . acts . . , . consider that dreadfull speech of our saviour christ , marke . . , , . whosoever will save his life shall lose it , but whosoever shall lose his life for my sake and the gospels shall save it . for what shall it profit a man if he shall gaine the whole world and lose his owne soule ? or what shall a man give in exchange for his soule ? whosoever therefore shall be ashamed of me and of my word , in this adulterous and sinfull generation ; of him also shall the sonne of man be ashamed when he commeth in the glory of his father , with the holy angels . * if we suffer with him , we shall also reigne with him ; if we deny him , he will also deny us : if we be but fearfull in the cause of christ , we shall be sure to have our part in the lake that burneth with fire and brimstone , rev. . . o what then will be our portion , if we be unzealous , negligent , perfidious , to it , or professed enemies ( especially in open armes ) against it , when it cries out to us for our necessary assistance every where ? if iesus christ will render tribulation to them which doe but trouble his people ; yea , and shall be very shortly revealed from heaven , with his mighty angels , in flaming fire , taking vengeance on all them that ( onely ) know not god , and that obey not the gospel of iesus christ , who shall be punished with everlasting destruction from the presence of the lord , and from the glory of his power , thes. . . to . o where shall all those ungodly sinners , rebels , and traytors appeare , who now every where murther , plunder , persecute , extirpare gods dearest saints ; and not onely refuse to owne , but even desert , betray the cause of god and their countrey ? who refuse not onely cordially to maintaine the very truth of god , the gospel of christ , which themselves in shew not onely pretend to know , but professe ; but also joyn with papists , and malignants openly to fight against , and totally to suppresse it ? certainly if judgement shall beginne at the house of god it selfe , as now it doth , and if the righteous who defend the cause of god and the kingdome shall scarcely be saved , what these mens dreadfull end , and judgement at last shall be , transcends my thoughts to conceive , my expressions to relate ; all i can say is this , it will be so superlatively miserable and grievous , that an eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne . o then let all of all sorts consider seriously of this , and all the premises , and the lord give them understanding and grace to keepe a good conscience , and discharge their severall trusts and bounden duties faithfully , cheerefully to their god , religion , king , countrey , and the parliament in all things , that so they may enjoy the honour , comfort , benefit , of all their faithfull endeavours to defend , promote , propagate our religion , lawes , liberties , and the publike welfare here ; and the crowne , the full guerdon of them hereafter ; and poore bleeding , dying england and ireland may now at last attaine that speedy , holy , lasting , honourable , blessed peace and unity , which all good men cordially pray for and endeavour ; which doubtlesse had beene easily effected long ere this , had we all beene faithfull , true , reall to the publike cause of god and our countrey in our severall places , and not faithlessely betrayed , but sincerely discharged the severall trusts reposed in us to the uttermost of our powers : the readiest meane to re-establish and perpetuate our pristine tranquillity : which i humbly beseech the god and prince of peace effectually to accomplish in his owne due season , before our whole three realmes become a desolate wildernesse , an accheldama , a golgatha , as many places of them are already , and more like to be , if the extraordinary mercy of our ever-gracious god , prevent not the mischievous long plotted conspiracies , malice , rage , treachery , of unnaturall , and deceitfull men . finis . this oath should have come in the appendix , page . line . . the oath of charles , king of navarre at his coronation , an. . recorded in the generall history of spaine , l. . p. . . vved . charles by the grace of god , king of navarre , &c. doe sweare unto our people of navarre upon the holy evangelists toucht by us , and to the prelates and rich men of the cities and good townes , and to all the people of navarre , for all your rights , lawes , customes , freedomes , liberties , and priviledges , that every one of them as they are , shall be maintained and kept to you and your successors , all the time of our life without corrupting them ; bettering , and not impairing them , in all , or in part : and that the violence and force which hath beene done to your predecessors , whom god pardon , and to you by vs , or our officers , we shall hereafter command it to cease , and satisfaction to be made according unto right as they shall be made manifest by good men of credit . after which the deputies of the state swore , in their owne names , and for all the realme ; faithfully to guard and defend the kings person , and their countrey ; and to aide him , to keepe , defend , and maintaine the lawes and customes , with all their power . errata , and omissions in some copies . part. . p. . l. . it , is , p. . l. . c. . p. . l. . private , publike , p. . l. other . pugnae . appendix p. . l. parallel , p. . l. . them , the people , l. & p. . l. . maximus , p. . l. . polieuctus , p. . l. . dele , in the , p. . l. . other , p. . l. retired , p. . l. . the hand , p. . l. . cara , lara , p. . l. . pacensis , p. . l. dele the , p. . l. . yeares , p. . l dele 〈◊〉 , l. . mariana , p. . l. . adde chron. . . and the inhabitants of jerusalem made aliaziah his youngest sonne king in his stead , l. . confirmed , p. . l. . not from it to , p. . l. . in some sence in private cases , p. . l. . pem , patu , p. . l. . cauarvius , p. . l. . received , renued , p. . l. . hotomani francogal . . vindiciae , p. . ● . . revocable , l. . historicall , l. . cuiacius , l. . usufrvctuary , l. dele the , p. . l. . to , doe , l. . dele to , l. . foundations , p. . l. . is an , p. . l. . caracalla , p. . l. . . secun . qu. p. . l. . in law , p. . l. . fealty to , p. . l. . adjuvante , l. . rapacitates , p. l. . if , it . p. . l. . preserve , l. . and. l. . goods , p. . l. . . forcibly resist , p. . l. . so , to , p. . l. . . p. . l. . converseth , p. . l. . lesse . in the marg● . p. . l. . daubeny , p. . l. . leges , l. . aimoin . l. . iure , p. . l. . . p. . l. . a●nales , gil. p. . l. . rex . part . p. . l . third . read , second , p. . l. . through , p. . l. . l. . p. . l. . britanniae , l. . privatave , p. . l. . reputing them , p. . l. ▪ responsum , p. . l. . duardus , p. . l. . raynerius l. . albericus . part . p. . l. . perfidum . part . p. . l. . naturall , nationall . notes, typically marginal, from the original text notes for div a -e pet . , , . exod. . . rom , . . see romes masterpeece isay . . isay . . zach. . notes for div a -e * psal. . , , . * isa. . , * micah . , . isay . . joel . . * apud ambros. epist. l ▪ . ep. . tom. . p. . * jer. . . notes for div a -e * dated . ianu. . . and febr. . . * note this . a who confesseth & justifieth it , in his speech in star-chamber , iune . . b see the parliaments late declaration . c see king iames his apology against bellarmin , laurentius byerlink , opus chro. p. . deus & rex . the lord william howards sonnes la●e booke in defence of papists taking the oath of allegiance . * iac. c. . d see dr. iones his book of examinations . e dedicated to king iames , printed at london . e dedicated to king iames , and printed at london . f in his sermon there , mar. . . p. . . g see plaine english. object . crimination . . object . . answ. h the observations , a ●uller answer to dr. ferne , with others . the remonstrance of the lords and commons , novem. . . * eliz. ch . . answ. i rex habet superiorem , deum , &c. item legem per quam factus est rex . item curiam suam : viz. comites , & barones , quia comites dicuntur quasi s●cii regis , & qui habet socium habet magistrum : et ideo si rex fuerit sine fraeno , i. sine lege , debentei fraenvm imponere , &c. k fox acts & mon. edi. vol. , p. , . aeneas sylvius de gestis concilii basiliensis , & surius conci . tom. . * lib. . l surius , concil . to● . . p. . &c and aeneas sylvius hist. concil . basiliensis . m spe. hist. p. , , . mat. west . ann● . , &c. see hunt. hist. l. . p. pol. l. . c. . fab. p. . dan p. . h●l . graft . vin. speed hist , l c. . & others . n spee . hist. p. , huntin . & mat. west . an. . hol. graf . in his life . o spee . hist. p. , . hunt. & mat. west . an . see holin . graft . & others n matth. west . an. . p. o matth. west . an. . speed hist , p. . p mat. west . hunt. poly. fab. holin . graf . an. ● . q fabian , part . c. . . . p. . . with matth , westin . huntingdon , polychronicon , geoffry mommoth , hollinsh . graf●on , speed , and others in his life . r fabian , part . c. . p. . geoffry mommoth , huntingdon , matthew westm. polychron , hollinsh . grafton , speed , in his life . s matth. paris , hist. angl. p. . to . speed , p. . &c. hollinshead grafton , stow , daniel , walsingham . t walsingham , hist. angl. p. . &c. fabian , part . . p. . polychron . l. ult . c. . hollinshead , grafton , & speed , p. to . u walsingham hol. fab. speed , p. . to . x speed , p. . . . . hollinsh . polychronicon , fabian , grafton , hall , stow , cax●on in their lives . y speed p. ▪ , ▪ . to . . . . ▪ . , . , , , , . . see matthew paris , matth. west . malmsbu . hunt. eadmerus fabian , walsing . caxton , polych . polydor , virgil. hall , graf●on , stow , how , hol. hayward , martin , daniel , and sir rich. baker in their severall lives of these king● . z mat. paris hist. p. . to . daniel , p. , , . a matth. paris p . daniel p. . b matth. paris p. . . daniel . p. . . c matth. paris p. . . . . . see matth. west . polychronicon , fabian , holling ▪ graf●on , dan. p. . . d matth. paris , p. . . dan. p. . . e walsingh . hist p. . see fabian , hollinshead , graft ▪ speed , daniel , in . & . e. . f walsingham , hist. p. . , , . exilium hugonis le despenser , in magn● charta . part . . f. . to . see hollin . fabian , speed , grafton , daniel , in . & . e. . g hist. p. . . ypodigm . neustr. p. . . h in cambd. britan. the last english edition p. . i grafton , trysse● . h●l●inshead , speed , walshingham , in & ▪ & . . k walsin . fab. holinsh. speed , hall , graf . trussel , how 's , in r. . & h. . fox acts and mon. vol. . edit . ult . p. , l hornes myrrour of iustices , c. . sect . . p. . cookes instit. on lit. f. . and . report in the preface , spelm. concil . tom. ● . p. . m surius tom . . concil . p. . n surius tom . . p. . o surius tom . . p. . , . . tom : , p. . , . . . , , . . , . . . . gratian , distirct . . luo carnot . decret . pars . c. , , , spel. concil . tom . . p. . p surius tom . . p. . ● . , , q surius tom . . p. . r see h. spel. cencil . tom . , p. . sigibert , an. . eadm . hist. nonor . l. . p. . con. tole . . and others aquisgra . conc. sub ludovico pio. s commonw . l. . c. . t hieronymus blanca aragonensium rerum comment . p. &c. , . , . u nichol. isth. de rebus vng. hist. l. . f. . * arago rerum comment . p. . * andrew favine his theatre of honour . l. . c. . p. . . x see orimston , aventinus , naucl. munster , sabelli . vsperg . otho frisingen . herm. schedel , anton. opinco● . mat. par. mat. west . walsing . & others in their lives and histories . y see their articles made at their general assembly at kilkenny z mat. paris , an . . p. . &c. speed hist. p. . to , daniel p. , . * who now give the king no such good advice * note . the parliaments present case . * speed lbid . * walsing . hist. p. . . & ypod. neust. p. . a mat. pa. an. , . p. to . 〈◊〉 matth. west . & walsingh . ypod. neust an. . fabian , caxton , hollin . grafton , daniel in the life of k. john & hen. . speed , hist p. . to . b matth. par. p . sp. hol. accordingly . c matth. per. an. . p. . , . mat. westmin . . walsingh . ypod. neustr. p. . sp. p . hol. grafton , daniel , polychron . d matth. par. p. , . speed , p. . e histor. angliae , p. . f walsingh . ypod. neust. an. , . hist. ang. p. . . s. p. . &c. with hol. stow , grafton , how , daniel , & others . fox . act. & mon. vol. . ed ult . p. so , . * note the credit of princes regal promises and protestations . g totles magna charta , part . . f. . to . h walsin . hist. p. . to . ypod. neust. p. . to . speeds hist. p. . to . see fabian , hollin . graf . thomas de la more , higden , caxt●n , daniel , in his life . h part. f. . i walsingham hist ang. p. to ypodig . neustr. p. . to . speed. hist. ● p . to hollinsh . grafton , stow , fabian , caxton , trussell , and others . * note this . * note the perill and policy of protracting . * graft . p , . , . * nota. the king should be present in parliament once in forty dayes . * walsing . ypod. neust. p. , . grafton p. , . k r. . c. ● r. . c. , , , , . r. . ● . , . . l see the records of this parliament published by order of both houses , aug. . . m graf . p. &c. mr. saint iohns speech , . p. . h. . no. . . n as the cavaliers do now . o r. c. p r. . c. . . h . c. . walsin . hist. ang. an. . p. . grafton , & holinshe● . * graft . p. , . &c. trussel . p. , . * note . * such a kind of proviso was endevoured to be added to the petition of right , caroli . q h c. . . , r walsin ▪ hist. angl. p. . . ypodig p. . . pol. l. . c. . caxton p. hal. chr. par . . f hol. p. . speed , p. . martin fab graft . and others fox acts & mon. vol. . p. , , . trussell . p. . s spee . p. hunting lib . t walsing , hist. angl. p. . to . speed p. . &c. . &c. u speed p. to . , to . see hall. g●aft . hollinsh . howes , martin . in the lives of h. . ed. . and q. eliz. x walsin . hist. ang. p. , , , ● , , . ypodig●a ●●●st p. , , , , co●kes magna cha●● p. to ● . y articuli super chartas . a surius concil . tom. ● p. . &c. fox acts & monu . vol. . edit . ult . p &c. * iohn white his way , &c. sect . n. . p. . b see r. c. . c cooke . rep. f. . in the epistle ▪ e ▪ . c. . e. . c . d e. . stat. . ● e. . c. . answ. . the parliament and king●dome proved to be above the king. e see cromptons jurisdiction of courts tit. parliam . brooke tit. par● . h●lm . descript. of eng. c. . p. . chro. of ireland , p. . to . sir tho. smith commonweal . of engl. l. . c. , , . cowel & minsh . tit. par. cam. b●i . p. f rex in justitia reci pienda minimo de regn● suo comparatur : minimus ▪ esse debet vel quasi in judicio suscipiendo , bracton , l , , c. . f. . b. & l. . c. . f. . g li. . c. . ▪ h cap. . to i speech in parliam . k in his laws in fox acts & mon. edit . vol. . p. . l polit. l. . c. , , . m h. . . br. parlia . . ash. tab . , . m see ▪ eliz. c. . ras●all 〈◊〉 . s●wer ●or commissioners ras●al . tit. iust● . &c. n qui●quid efficie tale est magis tale & nam● potest da●e quod non labe● : are true in this case . o see alex. ab alexan●●o , l. . c. . ●acile pe●sp●e● po●est & 〈…〉 esse g●uera , nec cande●● 〈◊〉 ii formas● in ●mnibu● esse regilbus regalis potentiae genera numero sunt qua●u●r . arist . pol●● . l. . c. , . see dan. c. . & . p see mat. pa. spee . hol. graf . and others ▪ q livie hist. rom. l. ● . ar●ist . polit. l. . c. . goodwins rom. an●iq . r pet. . . . alex. ab alexandro . gen. die . l. . c. . l. . c. . s polit. l. . c. p. , . t ●b . l. . c. . p. . u de offic●●s , l. ● . c●elius rhodi . anti● lect. l. . c. . alex. ab alexandro gen. die●●● l ▪ . c. l●●iel est . rom. l. . sect. . p. , . & l. . p. , . plutar●l● numa pompilius . * so iacol●●s carbinellus & others 〈◊〉 him ▪ * see p. . . x lab. i. c. f lib. . c. . f. . y hujus●odi leges anglicanae own fuerint app●●batae . & sacramento regis confirmatae muta●i non pote●●nt &c. idem . i. . c. . f. . b. z gal. . , . a luk. . , , . b br●ct . lib. . c. . f. ▪ i. . . f. . i. . c. . f. , c comites , viz. quia a comita●● sive a societa●e nomen sumpserunt , qui etiam dici possunt co●sules a consulendo ; reges ●uim tales sibi associant ad c●usulendum & regendum p●pulum dei , ordinantes cos in magna potestate , ●enore & nomine &c. idem i. . c. f. , . d fortes● . de laud. legum angl c. . * this he writes to our king henry the . to whom he directs his booke . f ●ap . . vol. . p. . * see bodin l. , c . l. . c. . eu●ropius & grimston in the life of nero , maximinus , heliogabalus , and others . g see the arguments against ship●money , & impositions , & the declarations against the commission of array . h resolving of conscience sect. , . i see ioshua , iudges , saumel , kings chro. dan. throughou● . isa. ierem. ezek. in sundry chap. k see sleidan de . or imperiis mat. west . livyn iustin , opmerus , purchas , chroni . chronicarum ; & all generall hist. l polit. l , , , , , plato de republica , bod. common-weale . the repub. of sundry nations polyb. hist. l. . m rom , . to . . pet . , sam. . . nehe. . . psa. . , . chro . . cor. . , . estn. . . arist. pol. l. , . coelius rhodig l. . c. . bra. l. . c , . f. . n augustinus de gest is 〈◊〉 emerita donatist . epis tom par . p. . o at the end of the petition of right , caroli . p see europius , sabellicus , grimston , speed & others of his life . q speeds history p. . r see br. tit. corporations . s see the fullet answer to dr. ferne , p. , . t quod eorum qui rempublicā gerunt majori parti placuerit , id est ratum ac firmum , arist. polit. l. . c. . l. . c. . l. . c. . u br. corpora . . . h. c. . x h. . f. . b. y major pars est totum , brooks corporati . . smiths commonwea . of engl. l. . c. . * see the manner of holding parliaments in england : newly printed at london , . & dyer f. . a , br. parl. . object . answ. a see their messages & petitions to the king to this purpose . b see cambd. brit. p. . which stiles the parliament the kings presence the register of writs . old & new natura brevium old & new book of entries . cooks instit. on lit f. . . c king. . & chron. . d grafton , p. , , . * see mi●shes dictionary . lit . parliam . f . * note this . r in h●linsh chron. of ireland f. , . d 〈◊〉 iurisdiction of cou●s , f. . h. , . . h. ● h. ● . . parliament , h. . . adjudged accordingly , b● prerogative . e see stamford f. . . e. . . coro . . * sec r. . c . f dyer f. . n. bract. parli . . crompt . iurisd . f. . a. g luk. . matth. . . mat. . , . h see bishop tewels defence ef the apologie , p . c. . divis. . bishop bilsons true difference of christian subjection , and unchristian rebel . part . p. , , . bishop pilkington of the burning of pauls steeple . keilway , f , , ● . cro●p . iurisd . of courts , f. , . f. . f. . stamf. pleas , l. . . f. . br. coron . antiq . eccles. brit. p. , . sp. p. i mary . hist. p. . to . iohn vowels chronicle of ireland p. , , * e. . stat . . de provisionibus . e. . c. . e. . c . . e. . stat . . c. . . r . c. . r. . c. . . r. . preface & ● . . . e. . c. . e. . stat . . preface . see h. . c. . h. . stat . of leape yeare , h stat of marlbridge . . e. i de big . prolog . & . c. . e. . stat . de gloster . preface e. . acton burnel . e. . ● . de malefact . in part . e. . eschetors , e. i. quo warrante , e. . artic. cleri . pref. i sam. , . sam. . . chron. . . isa. . rom. , . pet. , . k arist. polit. l. , & . plato : agesilaus . xenophon de instit. cyri. hist. coelius rhodig . antiq. lect. l. . c. . bodin de republica . osorius de rege & regum instit. l the preambles of all ancient statutes , bracton l. . c. . l. . c. . fleta l. . c. . . fortescue c. . to . m cor. . . . n gen. . . to . c. . , , . psal. . , , . o ephes. . . col. . , . p gen. . . c. . . cor. . , . ephes . . , . pet. . . . & . . q see eutrop. grimsi . & other in his life . * salamonius de principatu l. . p. . . see codicis l. . tit. . . cordi nobis est , p. c. semper nostri animi curas rebus communibus avidissime impendere , &c. * de principatu l. . p. . * generall hist. of fran. p. * sam. . . r crompt . lurisd . of cour. f. . &c. bract. l. . c. . h. . . a , . b. h. . c. . dyer . a cookes instit. on lit. f. , s sir thomas smith , of the commonweal . of england , l. . c. , . holi . descrip. of engl. c. . p. . cam. brit. p. . io. vowels order & vsage how to keep a parliament . in holin . chron. of ireland , p. , to . minsh . dictionary tit. parliament . t fortescue , c. to . bract. l. , c . l. . c. . fleta l. . c. . . brook. pate . , , , , , , , & prerogative , , . commissi . , . see iudge crooks , & iudge huttons argume . against shipmoney , petition of right , carol. br. pari. . u of the commonw . l. . c. p. . x l. . c. . f. a. & l. . c. f. . b. & fleta l. . c. . walsing . hest. p. , , . y see sir thomas smiths common-wealth of england : l. . c. , , . 〈◊〉 description of england , c. . p. . & chronicles of ireland , p. , . m. hackwels manner of passing bils , sect. . p. . brock parliament . h. . c. . h. . c. . cromptons iurisdiction f. b. br. parliament , , , . z h. . . h. . . h. . h. . . br. parlia . . . . crompt . iurisd . f. . a. bro. antient demesne , . h. . . a , h. . c. . * se● . . , , . h. . * de principatu l. p. , . & p. , to . a cooke . calvins case , h. . b. dyer , . br , parliament , . b l●vie hist. l. & . bod ●n commonwealth , l. . c. . c fitz. assise , . avowry pres●●rip . . br. custome . co. rep. f. , , . kitchin , . . d sect ● iac. c. e h. . . br. parli . . mr. hackwel , of passing bils , crom. ●uris . f. . chron. of ireland f. to . y cromp. iuris . of courts , f. . & at the end of the manner of holding parliaments in england z see r s t u before . * iustinian cod. l. . tit. . lex . a hackwels passing of bils , sect . p. . b see ras●all tax . & tenths the acts of subsidies , iac. & this present parliament . 〈◊〉 . p. . * see part p. , . c see e. c. . e. . , e. . , . br. charters de pardon , . eliz. c. d see the republicke of those states , & bodin , l. c. . l. , c. , , & . e arist. polit. l. , , , , . godwins roman antiquities . f de principatu l. . p. , . g de principatu l. , , , , , . passim . * iustin. codicis l. . tit. lex . d the true difference , &c. part . p. . * hieron . blan●a rer. arag . com. p. , . e fox act. & monu . vol. . p. . spee . hist. p. . * mat. west . an. . p. . dan. p. . see speed & holin . e. . f see nubrig . spee . hol. mat. west . & others in the lives of r. . h. , , , , , , , . ed. , , , . g walsing hist. angl an. . p. . spee p. . graft . p. , , . fab p. , hall f. to . hoved. annalpars posterior . p. , , , . h acts & mon. old edit p. . see hol. speed , graft . in their lives . i see hoveden annal. pars posterior , p. , , , . n fox act & mon. edit . . vol. . p. . & lambards archaion , leges edwardi c. . bishop bilson , par . p. . o vol. . p. * in the life of william the first . * hist. p. , . * see huntindon hist. l. . p. . mat. par. hist p. . a mat. westm. an. . eadmerus hist. l. . p. , , matth. paris hist. p. , . speed , hist. p. . graft p. , . malmsb. l. . p , . b mat. par. p. , , eadmerus hist. l. . p. . w. malms . l. . p. h. hunt. l. . p. roger hoveden , annal pars . p. . polych l. c. . fab. par . . c. . p. . graft . p. sp. p. , . c mat. par. hi. p. . malm. novellae hist. l. . p. , , hen. hunt. l. . p. , . hove . p. , . ma. west . an. . p. . sp●p . . graf . p. , . d assensu . cleri & populi in regem angliae electus , malm. p. . * see speed p. , . e hoveden p. . graf . p. . f mat. par. p. . hoved. p. . walsi . tpodig . neustr. an. . p. , . speed p. . g hoveden p. mat. par. p , . sp. p. , . . see poly. virg. hol. dan. p. , . * astrange archie piscopal doctrine . * see before p. , . mat. par. p. , to . worthy reading & consideration h fox acts & mon. edi● . ult v. . p● . speed p. . i mat. par. p. , . k in his edition tigu p . , , , . l hist. aug. p. , m lib. . c. . f. . p mag. char. printed cum privilegio london . part . f. , iuramentum regis quando coronatur remonstrance , nov. . p. . to . q see the parliaments remonstrance of the of may , p . his majejesties answer thereto , p. , . & the parliaments reply , nov. . p. . to . * judge huttons argument against ship-money , p. . determines so . r pag. , . * hist. angliae , r. . p. . s pag. . t cooke . report . f. , . calvins case , marsil . patavinus defen . pacis pars , . ● . ● * littleton , sect . , . & cookes instit. ibid. f. , , . * littleton , sect . , . & cookes instit. ibid. f. , , . v baldus proaem de feud . n. . dr. crakenth . defence of constantine , p. . to : grimst . imperiall hist. p. . * see fortescue , c. , to . iohan. mar. de rege & regis instit. l. . c. , , . * pag. , , . polydo● virgil. hist. angl. l. . sir thomas de la more . gra●ton , p. , . * walsingham , hist. ang. p. , , : ipodigma , neushia : p : , : polychron , l. . ch . . speed , p. , . daniel , p. , . holinshed , cayton , stow , and others in his life : * walsingham hist. ang p . . . ypodigma p . halls chron. . ● . . s. . to . fabianpa●t . p. . to . grafton p. . to . speed. p. . . . . trussel p. . to . holinshed , stow , heywood , and others . fox acts and mon. vol . p. . * herep. . . * fabian part . p. . . . * see ma● . west . ie●ory monm . polych . fab. grafton holin . speed , in his life . y eccles . . z matth. par. p. , , graft . p. . . bishop bilson . part . . p. . see chro. . & . * see plutarchi , iulius caesar , eutropius , zonaras , grimston , and others in his life . a seneca de clementia , l. . b polit. l. . c. , . p. , . see polybius , hist. l. . c deut. . , . see prov. . . c. . . c. . . . c. . . d lib. . c. . f. . & ●leta l. . c. . * id est , sola . * see leges edwardi confessoris cap. . in lam●bards archaion . f. . accordingly . * iustinian . codit . l. . tit. . cap. . e see p. . . & the authors there quoted . bishop ●ewels view of a seditious bull , and of the popes supremacy . cassanaeus cata. gloriae mundi , part . . f see iohn writes way sect . . n. . , . p. . . . surius tom. . & . g fox act & monuments , vol. . p. . . . to . . h see iohn writes way sect . . n. . p. . & n. , . p. , . * see p. . i psal. . , . ex. . . john . . k rom. . , , , . l pro. . . m hoveden p. , . , , with speed , holinshed , grafton , stow , matthew paris , polychrenicon , fabian . n walsingh . speed , holinish . fabian , in edw. . froyssards chron. part . . c. . . o walsingham holynsh ▪ speed , grafton , stow , in r. . c. . , . froysards chro. part . . c. p hall. stow , speed , holynsh . grafton , fox . in h. . q hall. holin . grafton , stow , in h. . r fox , speed , holinshed , stow , grafton in ed. s see fox , hall , speed , holinshed , grafton , in his life , h. . c ▪ . & . h. . c. . * rotulo parlia . ed. . n ● . , , , , , , , . rotulo parliamenti , r. . rotulo parliamenti , an. & r. . rotulo parliam . h. . & h. ex rotulo & act . conc. anno ▪ h. . rotulo parliamenti , ano. h. . & h. . ex rot. parl and ano. e. . ex libro ordinationum , ano. e . ano. e . ex liber dict . au●a regis . ex rot. parl. & h. . & . r. . ex rot. parl. ao. & . h. . rotulo parliam . ao. r. . ao. . . h. ▪ n. . h. . rot. parliamenti . rotulo parliamenti , ao. h. . n. . & h. . marked . ex rot. parl. h. . ex rotulo parliamenti , h. . t matth. paris p. , , , . t speed p. . grafton , p. , , , , , , . t the severall acts for subsidies and r●stal warre , truce , armes , money , mint , musters , taxes , tonriage , & poundage . the parliaments two remonstrances concerning the mi●it●a , cooks ins●it . on artic. super chartas . . to . * see mat. par. p. . legimus quod multi alii reges , imo & reguli , usque ad mortem dimicaru●● , &c. * see iohannis mariana de rege & regis ins●it . l. : c. . marius salamonius de principatu . l. , , , . fortescue , c. . to . aristot polit. l. . c. , , . l. . c. , . hugo grotius , de iure belli , l. c. . sect . . p. ▪ . * in melch. goldasti monarchia , tom. . p. . x see sir thomas smiths common wealth , l. . c. . . holinsheds description of england , c. . p. . and chronicles of ireland , p. . to . cromptons iurisdiction . y h. . ▪ br. parliament . . . error , . . see ash. error , , , , * see . e. . . error . hen. . , . z r. . cap. . to . hen. . cap. , , . hen. ● . , . see martae c. . ● elez. cap. , , . iac c. . and all acts for rest● tution in blood of persons attainted , and acts of repealing statu●es , bracton . lib. . cap. . a see ashes tables , error , , , , , . b bodin , l. . c. . summa angelica , & rosella tit. appellatio . lindwo●d , lib. . de appellationibus , f●x acts and monuments , vol. . p. , . . . . h. . c. . all papists and protestants , in their controversies of the popes supremacy , & of general councels c see grafton p. , . . matthew paris , p. . fox old edition , p. . d see hoveden , p. , e matthew paris , p. . , . f matthew paris , p. . . . . , . grafton , p. , speed , p. , . . . andrew favine theater of honour , l. . c. . g walsingham hist. p. . speed , p. . * see andrew favine his theater of honour , l. . c. . fabian , the generall history of france , with others in the appendix . * censura dua●di nonii , in iosephi teixerae libellum , c. . to . & de vera regum portugal . genealogia , c. . . * munsteri cosinogr . l. . c. , . ioan. mariana de rege & regis instit. l. . c. . . . michael ritius de regilus hispaniae and others . i pag. . * see matthew westm. fabian . grafton , holin . * polychron . l. c. . speed , p. . see grafton and holinshed accordingly . * matthew westminster & malmesbury , anno . holinshed , l. . c. p. . speed , p. . huntingdon , walsingham . anno . . * huntingdon , l. . polychron . l. . c. . speed. p. . matthew westmin . anno. p. . k hoveden , huntingdon , matthew westm. matthew paris , walsingham , polychronicon , fa●ian , an. . speed p. . see holinshed , grafton , stow , anno . l walsingham , ypod , an. matthew westm. an. . p. . mat●hew paris , p. , speed p . hoveden , p . huntingdon , hist. l. . p. . fox . vol. . p. . m . e. par. . in the statuts at large * cooke l. . the princes ca●e . * . h. . c. hals chronicle , . h. . f. . . fabian . part . . p. speed p. . * fabian , part . p. . n hall , anno . & h. . f. . to . f●bi●n , anno . p. . grafton . p. . to . holinshed , stow , howes , anno . . o historia angliae p. . parliamentum fuit convocatum in quo parliamento ex assensuomnium statuum , idem dux , defensor seu protector angliae fuerat nominatus & ordinatus , omniaque regni officia & beneficia ejus disposition● sunt commissa . p see grafton p. , . speed p. . . . . e. . c. . . e . c. . q speeds hist. p. . r hals chro. h. . f. . s grafton p. . t sp. p. . u h. . c. h. . c. . h. . c. . h . c. . see hall. x mar. c. . & parliament . c. . . . eli. c. eliz. c. . * see cooks institut . liulet . f. , . * h. . c. . * h. . c. . h. . c. . y iac. c. . z mariae , parl. . c. . a h . c. , . h. c. , . h. . c. . h. . c. p. . h. . c. , , . h. . c. , . h. . c. . & h. c. , . h. c. , . eli. c. e. . c. , ma. c. . & parl. . c. . . el. c. . b walsingham hist. angl. h. p. . speed p. . h. . c. , . . e. . c. . hals chron. h. . c hist. angl. p. to . to , . to . see holin . grafton , stow , & speed in the life of edw. the f●rst . ypodig . neust. p. to . d iac. ● . e h. . c. . * blondus decad . . l. . regin l. . an. . bishop bilson of christian subjection , &c. par . . p. . * zona . annal. tom. . f. . grimstons imperiall hist. p. * censu . in ioseph . tei . libel . c. . in ioan. pisterius hispan . illust . tam. tom . . p. . * i●●d ca. . p. . * see marius salamonius de principatu , l. , , p. , , , , , . * see fitz. ash. tab. tit. escheat * eccles. . . * see leges edwardi confes. c. . bra. l. . c. . * see par. . p. to . * de iure belli l. . c. . f the true difference betweene christian ●ubjection & unchristian rebellion , par● . . p. . to . g see the generall history of france in his life , sabellicus ennead . . l. . p. . nauclerus vol. . gen. ● blondus , decad. . l. . aventinus , l. . p. , to . gaguinus l. . in car. mart. herman . schedel , chron. aetas . f. . godfredus vi●t●rbiensis chro. pars . col . regino l. . an. . h. mutius , germ. chr. l. . grimstons imperiall history p . e●●gri●● eccl. hist. l. . c. . zonaras annal. tom. f. . . eutropiu● l. . p. . * nota. grimstons imperiall history p. , . sententia exaucterationis & depositionis wences●ai , an. . in germ. hist. tom. . p. . . iean . crespin . l●estate de lesglise p. . aventine l. ● . f. . fr●st g. . . c. . naucl. vol. . gen. . * speeds hist. p. . . . , see matthew west . polychr . floren. wigo● . holinshed , huntindon , and others . * gauf . edu● mo●u . l . c. . graf●●n p. . grafton l. . . * matth. paris . p. . * e. . n. . . * matthew west . ch● . . p. to . walsing . ypodig p. matthew paris . p. . here part . . p. . * con●r . l. . contr . . * holinshed p. . cromptons iurisdict . of courts f. . object . f eliz c. . g lib. . c. . f. , . l. . c. . f. . h l. . c. . . i ed. . . corone . . e. . g. b dyer , . a. stamso . . a. k e. . b. l bracto● l. . answ. c. . f. . a. fletal . . c. . m pare●●u●em habere non debet , nec multo fortius superiorem , maxime in justitia exhibenda , licet in justitia recipi●●●● , minime de regno suo comp●●etur , lib. . c. . f . a. n see bodius common-wealth . l. . c. . p. . the like of the parliaments in france . o see madus renendi parliamentum camb. brit. pag ▪ . crompt . iuris . of courts , f. . to . sir tho. smiths common-wealth . l. . c. . . hol. descrip. of england c. ▪ cowel & minsh . tit. parl. mr. hack manner of passing bils , sect . . p commonw . l. . c . l. . c. . q see p. . ● . r see gratian causa . qu. . where he quotes august . hier. & ●fiedor . to this purpose . * resolving of conscience , sect . , , . an appeal to thy conscience , and others . * commonwealth l. . c. . f resolution of conscience , sect , , . &c. and revindication of psalm . . printed at cambridge , . t h. . . b. h. c h. . c. . h. . c. . cook● . institutes on mag. charta , f. . ed. . parl. . u h. . c. . lac . c. . dr. & student , . a. a gra● part . p. , . galfredus , momun , fabian , polycha . and others . b pag . to . c bracton l. . glan . . . f. . myrror , c sect . . britton . c. . f. . c. . f. . e. c. . see rastal , broke , stamf. crompt . dalton , in their titles and chapters of treason . e walsingham holin . graf . sto. speed , martyn fab. polychro . in r ▪ . & r. . c. , . r. . c. . f see the particulars more at large in r c. . grafton , p. . iohn trussels , r. . p. , . walsingham and holinshed●in . & r. . g see h. . c. . and here p. . h speed p i hist. p. . k lib. . sect stamf. l c. . f. . b. and cromptons , jurisdict . f. . l instit. l. ult . t it . m tit. . n cice●o orat. in catil . o li● . hist. i. sect . . * john . , , . & . & . . * rev. . . & . . * psal. . , . * an exact 〈◊〉 loction , see p. . * iac. c. l , , , and in his proclamations for apprehending those traitors . the proceeding against traitors , spe●d hist p to . * par. . p . * see walsi●gh . holinsh. fabian , grafton , stow , sp●ed , in . & . r. . r. . c. . * see here p. . * see rastals a bridgment , ●it purveyors . * part . p. . * fabian , part . . p. . . hals chron. . h . f. gr●fton , p. walsinghom , hist. p. . . * hist. p. . . speed p. . * exilium h●●●gonis le lespersor , f. . p see the rela●ion of the 〈◊〉 of cicester * fitz● corone . . . . . stamford f. , , . h. . . h. . c. ▪ cooke l. . f. . . . q ver● a comitiis in tempestive discedere id quidem d●ceb●nt , regi nefas fuisse ; neque tant●m jacturam fact●m iuris aeque sustinendam ▪ hieron . blanca . rerum arag . cōment . p ▪ . notes for div a -e * doct●m g●nu● indoctissimorum hominum , vix ad doroberniam usque docti . erasmus . * hos●● . . ▪ * cari sunt parentes , cari liberi , propinqui , familiares ; sed omnes omnium caritates patria una complexa est ; pro qua quisbonus dubitet mortem oppetere , si ei ●it profuturus ? quo est detestabilior illotum , immanitas , quilacerant omni scelere patriam , & in eafunditus delenda occupati & sunt , & fuerunt , cicero de officiis l. . p. . notes for div a -e object . . a see all his majesties declarations and proclamations concerning the militia , commission of array , hull , the complaint against the parliament . answ. b see the parliaments remonstrances , & declarations touching all these particulars , specially nov . . c see d. iones his booke of examinations , printed by the houses order . d sam. . . . c. . . 〈◊〉 . sam. . c. . . c. . . c. . , . e poli. l. . & . f hist. l. . g de offic ▪ l. . h de dignitate regum hispaniae . c. . i see munsters c●sino . l. . c. , , . l. . c. k see grimstons impe . hist. 〈…〉 . volater . polyb. hist. l. . l 〈…〉 m 〈…〉 * 〈…〉 n a●chaion p. . * ed. . c. . e. . fitz. execution . h. . . a. h. . . cook● institutes on mag. char. f , . e. . c. . o cooke ibid. p. , . p cooke ibid. no. nat. bre. . register part . , e. . c. . stamford l. . f. . q h. . c. h. . c. . * instit. on mag. charta . f. , . * grafton p. r mat. westm. anno ● . p. , . fabi. part p. . grafton p. . speed p. . * ma● . west hist ibid. * see c●oks instit . on mag. cha. f. . s speeds hist. p. to . see walsing ▪ fab. holin . holl , stow graft . in his life anno & . t walsing . hist. an●l . an. p. . see holin . speed ▪ p. . grafton , fabian . u grafton , p. . , . x matth. paris , anno. . p. , , . see daniel . p. . . * pa. , . * matth. paris , anno . p. , , , . &c. dani. p. . y matth. paris , an. . dan. p. . * nota. z mat. paris , an. . p. , . . dan. p. . a walsing . an. . hist. ang. p. . b walsin . hist. angl. p. , . &c. ypodigma . neustriae anno. . p. . to . c mat. paris , an. . p. . * walsing●am , hist. p. , , &c. * walsingham , his● . p. . d grafton , p. , . spe. p. . e l . rom. hist. dec. , . l. dec. . l. . dec. . l. . d. . f hist. l. . g imperiall hist. pass●● . h numa pompilius . i common-wealth , l. . c. p. , , . * bodin . i● & l. . c. . k bodins commonweale l. . c. . p. to . l rerum stoticarum . l. . p. . & l. . p. . m r. . c. . see rastall , taxes , &c. . e. . stat . n abridgement of stat. o e. . c. . e. . c. . e. . c. . h. . c. . h . c. . h. . c. , . r. . c. . h. . c. . . & e. . c. . , & . phil. & mar. c. . eliz. c. . littleton chapter of escuage ; & cooks institutes on it f. . to . fit. nat. bre. f. , . , h. . fitz. ten●●res , . . the acts for pressing mariners , this parliament h. . c. . h. . c. . p h. . c. . h. . c. . h. . c. h. . c. . . & c. . h. . c. . q h. . c. . h. . c. . e. . c. . h. . c. . fitz. brooke tit. protection , e. . c. , , h. . c. . h. . c. . h. . c. . r h. . c. . h. . c. . r. . c. . r. . stat. . c. . s . r. . c. . e. . c. . t r. . c. . . c. . r. . c. , r. . c. . stat. . h. . c , . h. . c. . e. . c. . . h. . c. . , . h . c. . h. . c. . . h. . c. . e. . c. . h. . c. . h. . c. . h. . c. . u r. . c. . see spelmans gl●ss . admiral . cookes instit. on littleion , . h. . c. . . e. . c. . h. ● . c. . eliz. c. . x r. . c. . h. c. , . h. . c. . h. . c. . e. . c. . phil. & mary , c. . eliz. ●●dyer . cooke . r. f. . ●● y eliz. c. eliz. c. . eliz. c. . z ▪ r. . c. . r. . c. . h. . c. . a h. . c. . , , , , . h. , c. , . h. c. . h. . c. , . iac. c. . r. c. . r. ▪ c. . h. . c. . h. . c. . b e. . c. . c h. . c. . h. . c. . h. . c. , ▪ h. c. . e. . c. ▪ * r. . c. . h. . c. . h. c. . h. . c. . h . c , h. . c , . e. . c. . e. . c. . * se● r. . c . e. ▪ c. h. . c. . h. . c. . e. . c. d polyb. hist. l. . eutropius , munster , grimston , zonaras in the roman emperours lives , seldens tit. of honor. e arist. polit. l. . & . sam. , . . f common-wealth l. . c g walsingham hist. ang. p. spe. hist. p. , . h grafi . p. halls chron. h. . f. . sp. . holinshed , s●ow , mar●yn , , & h. . i see the remonstrance of both houses , nov. . . k see littleton , sect . , . and cooke ibid. fitz. nat. f. a. cooke . f. . e. . c. . r c. . e. c. . l pl●wd . com. f. . . h. . f. . cooke instit. on littleton . f. . b. m h. . c. fitz. devise . . h. . executors . . e . ▪ b e. . . e. . . h. . . fit. quare imp. . . , . presentment ab esglise , livery . , cooke , l. f. . r. . c. . , h. . c. . n r. . c cooke , l. . the princes case . h. . c. . h. . c. . h . c. . h. . c. . o h. . c. h. . c. . r. . c. . p e. . stat. ▪ c. . ▪ r . c al statues that give subsidies , tenths , ton●age or poundage , see rastal taxes , &c. g see before cooke ▪ f. & e. . c. . r. c . h see fitz & brooke , abbey , corpora●ions , deane & chap. parson . i speed p. . matth. paris , p. . k mat. paris hist. mino● , dr. crakenthorpe of the popes temporall monarchy , p. . to . graft●n . * mat. west . an. . p. , to . walsingh . ypodig . neust. p. . mat. paris p. . * hist. p. . * fox acts & mon. vol. . p. to . see hol. graft . sp. stow martin , & others in mariae . * walsingham , ●ist . p. . daniels hist. p. speed p. . m graf . p. n h. c. . r. . c. . graft . p. , mat. par. p. . sp. p. daniels hist. pa. , , , * grimston , imperiall history , p. , . generall history of france , p : , , . o . e. . . dyer . f. . . b. . r. . c. . p see rastal wards , praerog . regis c. . . . h. . c. . br. ideot . . . cooke . . rep. f. , . q h. . . b. . e. . f. . . e. . . r . e. . c. . stat. . . r. . c. . . r. . c. . . h. . c. . . h. . c. . s . e. . c. . . h. . c. . e. . c. . . mariae c. . e. . c. . iac. c. . and the acts ▪ this parliament . t anno. p. . u judge crookes arg●ment , p. . to . x speeds hist. p. , , , cambden elizabeth , anno , p. , to . y h. . c. see master seldens mare clauswn : z see master seldens mare clauswn , & pontanus answer thereto , & grotius his mare l●be●●n . a h. . c. , r. . c. . e. . c . h. . c. . h. . c ▪ : h. . c. . h. . c. . e. . c. speeds history p. . marti●us laudensis de repraesaliis , & de bello , e. . c. . e. . c. . b e. . fitz. ayd . . & ayde le roy. . . . . . . . ass. . h. . . . h . . h . . . . . e. . . . e . . quare im p. fitz. . . . col. . , . l. . . e. . . . h . . ash. alien . . c e. . . magna cart c. , e. . c. . . e. . c. . . r. . c. . h. c. h c. h. . . h. c. . see speeds history p. , , . d mathew paris p. . . daniel , hist. p. , , . * cicero de legibus . * matthew paris , hist. p , , . e iudges . . . . f math. paris p. . to . grafron , p. . . speed , p. . to . fabian part. . f to . matthew westminster , holin . s●ead , and daniel in his life . g mat. paris , p ● . matth. westm. an. p. . . * mat. paris , p. . da● hist. p. . . mat. westm. an. . p. . . * theatre of honour , l. . c. . p , . nota. h m●t. paris , p. , . sp. p. . * part . p. . i hals chron. an. . . h. . f. . to . stow & h●wes chron. edit . ult . p. . . grafton p. ▪ , &c. speed p. . , ▪ fa●ian part . p , to . k h. . b. bar. . . e. . . b. bar. . br. fitz. imprisonment , . . & hist. . compto de pace , f . . , . . c. . r. . c . h. . c. . h. . c. . . r. c . r. . c. . h. act. . c. . e. . c. . maria c. . l livi. hist. l. . . . polybius , hist. l. . dionys. hal. l. . c. . bodi●s commonweale l. . c. . l. . see the appendix . m poli● . l. . c. . n de rege & regis instit. l. . c. , . * bodin . commonweale , l. . c. . * arragonensium rerum commentar p. , . . * ibid. p. . * foris & in castris summum imperium summam rerum bellicarum administ ratienem obtinet , &c. * nicholaus isthuanfus de rebus vngar . hist. l. . f. , . bodins commonweale , l. . c. . p. . livy , rom. hist. l. . . bodin . commonweale , l. . c. . * bodin ibid. * bodins l. . c. . * matthew paris hist. angliae p. . o dinothi historia , sleidan l. . . : grimston imperiall history , in rodulph . and ferdinand ▪ the second . * lambard , archaion , f. de heretochiis . * p. , . * see master seldens titles of honour , p. . * bodins commonweale , l. . c. . p. . * grimstones imperiall hist. p. . * bodin com. l. . c. . p. . * cookes instit . on lit. f. . cambdens brit. p. holinsheds description of england c. . p. . and annals of ireland , p. . to . brooke , crompton , cowel , minshew tit. parlem . sir thomas smiths commonwealth . l. . c. . . object . answ. p h. . f. . b. * see littleton , sect. . . . & cookes instit. ibidem . object . * see all his majesties late proclamations , protestations , and printed declarations of this nature . answ. * seneca de clementia , l. ● . c. . see the remonstrance of the lords and commons novem . . . * anno , & . * lord faulkland , l. seymor , l. digbey , l. savil , sir io. culpepper , sir edward deering , mr. holborne , mr. hide , &c. * see the parliaments remonstrance , nov. . . * quid potest ab co quisquam sperare , quem malum esse docuit : non diu paret nequitia , nec quantum jubetur , peccat . sen. de clem. l. . c. . * see. br. parl. . dyer . a. cromptons iurisdict●f . . a. * see car. c. , . * artic. super chartas , c. , see cookes institutes on it . agricolae apud indos sacri & afurto & praeda alieni di●dorus sic . bib. hist. l. . n. . * fitz. corone . . . . . . h. . . . h . c. . stamford , f. , . cooke l . , . see matth. paris hist. p. , , . * see the parliaments second remonstrance concerning the commission of array . * see this fully proved in the parliaments second declaration . * quae alia vita esset , si l●ones ursique regnarent ? si serpentibus in nos , ac noxissimo cuique animali daretur potestas ? illa ra●ionis experria , & a nobis immanita is c●imine damna ta abstinent suis , & 〈◊〉 est etiam inter feras similitudo : apud r●man●s tantum , ne● a necessariis quidem ▪ abies temperat sibi . seneca de clem. l. . c. . * nulli regi gloria est ex saeva animadversione . at contra maxima , si vim suam continet , si multos irae alienae eripuit , neminemsuae impendit ; senecade clementia . l. . c. . * ista frequens vindicta paucorum odium reprimit , omnium irritat . regia crudelitas auget inimicorum numerum ●ollendo . seneca de clementia , l. . c. . * the relation of the taking of cicester , and the prisoners relation . * quanto autem non nasci melius fuit , quam numerari inter publico malo natos ? seneca de clementia l. . c. . * the kings letter on saturday , apil . . to the houses . * de clementia l. . c. . * see the parliaments declarations and parliament-mens speeches to this effect ▪ * kings . to . * see the parliaments remonstrances & declarations to this effect . * see doctor iones his book of examinatons publish●d by order of both ho●ses . object . answ. * at the end of the petition of right . * concerning the breaking up of the parliament , and before the . articles of religion . object . answ. * mat. pa●●s hist. p. . to daniel p. . . 〈◊〉 . * mat. par. hist. angl. p. . . . dan. hist. p. , * mat par an : ● , the stat. at large dan. hist p . speed p. mat weston . holinshed , fab. graf . an. . * daniel , p● . * math. paris p. . * psal. . psal . . * math paris p. . speed p . . daniel p. . . * mathew paris . p . . daniel p . * see constit. concil . de reding . cap. de sentent . excom . public . in iohn de aton . ● . . * daniels history p. . * e. c . . . e. . stat. . c. . . . e. . stat. . c. . . e. . c. . . e. . c. . . e. . c. . . e. . c. . * the revocation of this statute made ed. . in the statutes a● large . * hist. arg●● p. . * seneca de clementia l. . * see the remonstrance of the lord and commons , may . and novem. . . * see plutar numa pem : pilius , livie , l. . bodin com. weale l. . c. . * prov. . . c . . c. . . * eccles . . to . * see . h. . c. . h. . c. . . h. . c. . . h. . c. . eliz. . cap. . cooke . report : the princes case . * novem. . ▪ and may . . * de clementia l. . c. . object . . a see his majesties answer to the parliaments . propositions , iune , . . with other declarations and treatises on his part . b page , , . c de laudibu● legum angliae c. , . answ. . d livy hist. l. , , . dionys. hal antiq. rom. l. . & . polybius . hist. l. . bodin , common-wealth . l. . c. . e arist. polit. i. , , . xenophon . de lacedaem . republica ; diodoru● sic . bib. hist. l. , . f cookes inst. on magna charta . f. , , , , . g cooke ibid. . . c. . no. nat br. , . register , part . . f. , . stamford , . c. . f . brooke corporations kitchin , f. , . see seldens titles of honour p. , . to ● . h see antiquit. eccle. brit. goodwins cat. of bishops and antiquities , eadmerus hist. novell , p. . , , . , , , , , , malms . de gestis , pontif. i e . par. . h. c. r. . stat c. . k stamford ibid. modus tenendi parliamentum . cambdens brit. p , . sir tho. smiths common-wealth , l c. . . helinshed and veel description of england , c. . f. . chron. of ireland , f , . minsh dict tit. parli . cookes instit. on lit f. , , & . report . epist. dedicatorie . k e . c , , stamford iuris . of . courts , f. . to rastal , parl. and the statutes there cited . * see m r seldens titles of honour par . c. . sect. to . l mr. saint iohns speech against ship-money , p. speed , p , . halls chron. f. , , . fabian . part . p. . to . m h. . c. . hals chron. . h. . f. ● . grafton ▪ p. . n e. . stat. , , . o see the prefaces of most ancient statutes in ed. . . . . rich. , h , , . & . reignes , crampto●s juris . of courts f. . to . the writ of election , e. . c. , , . p see mr. st. iohns speech concerning ship-money , . * chapter of estates upon condition , sect. , . and cookes instit. f. , . q see exilium hugonis le dispenser , old magna charta , part . . f. , . cooke l. . calvins case . f. . r see hoveden . mat. par. mat. west . fabian , polyc. graf . speed , holinshed and nabrigensis in the lite of r. the . and goodwin in this bishops life . s wals holin . speed , graft , in ed. . and cookes instit. on littleton . f. . a. e see exilium hugonis de spenser , wals. fabian . holin . graft . speed in the life of e. . f m. st. lohns speech against ship-money , p , , . g ● r. . c. . to . wil. fab. graf . holin . speed. i● r. . h h . c . holl. speed , grafton s●ow , martin in h . & ed. i antiq. ecclesiae brit pag. , ● , . walsing . hist. pa. . ypodigm neust. p. . caxton . part . e . gra● p. . k antiq. eccles. brit. pag. . * r . c. . graft . p. ● , . walsing . ypodig . neu●t . p. , . l common-wealth li. . ca. . p. , . m de lau●legum angliae , l. , , . n bodin . com. wealth , l● ea . ● . livy , hist. l , ● , , ● , , , dionys hol. l . & polib . hist. l. . see the appendix . o arist. polit. l . c. . l. . c . p hieronym . blanca a●agone●sium rerum comment . p , , , to . to . * bodin . com. wealth . l. . c. . p. ● . q munst. cos . l. . c. , , &c. r bodin . com. weal. l . c . n●chol . i st huanf●●● de rebus . vngar . hist. l. . p. , . anno , . * bodin li. . c. . and the gener●ll history of venice . * see munster pontanus , olaus magnus , 〈◊〉 others . t bodin l. ● . c. , ca●siodor l . epist. u mat● w●st . an. . p. walsing . hist. angl p . & ypod●gma , p. . * bod. l . c. . l. . c. cassanaeus ca●al . gloriae mundi . ●onsid . y math paris . p ● . z bodin l. . c . a fabian , ●●rt . ▪ p. . to ● . b bodin . l. ● . c. . c walsin . hist. p , . fabian , part . p . d math. paris ▪ hist. an , . p . to ● . math. westm. walsing . ypodig . polychron . fabian caxton . grafton , stow hollinshed . polydor. virg. an. ● daniel , p , , . speed , p. ● . to . e francis thin , his catalogue of protectors . holinshed vol. . col . . f hist. angl. p. . godw. catalogue of bishops , p. . math westm. an. . pa. ● . g math. paris p. . franc. thin , his catalogue of chancellors in holinshed , volum . . c. fol. . math. west . an . pag. . h math. west . an . pag . . math. paris an . pag , , . math. paris hist. an. . p. . daniel , hist p. . edit . ● , . * math paris h●st p. ●o , daniel . p. . x math paris an . ●● . p ● to . danie's hist. p. , h mat. west . an. . p. , . mat paris , an. p. ● , , . see p. , daniel , p. . * daniel tēders it thus : they all generally complaine for that the chiefe iusticiar , chācellour and treasurer were not made by the common covncell oe the kingdome , according as they vvere in the time of his magnificent predecessors , and as it was fit and expedient . * these ill councellours forgot , that there is a great vast difference between private meniall servants of the king , and publike officers of the kingdome ; so that their argumēt is but a fallacy . * but the whole parliament and kingdome which they represented , were not inferiour but above the king himselfe , who was but the kingdomes officer and publike servant ; and so this reason made more against then for the king. * mat. paris , hist. p. . dan , p. . * dan. p. , . l mat paris p. , , , ● mat west an to . p. , , , . to . fabian part . p. to . graf . p. . to . speed p. , . &c. holin . dan stow , and others . * see francis thin his catalogue of chancellors of england holinshed . vol. . col daniels history , p. , . c exilium hugonis de le spenser : magna charta , part . . f. . speed , p , , . see walsing fa● ▪ holinshed in ed ● . f speed , p. . * note this . and the like lavv vvas enacted in . h. . fabians . part , p. . g see the preamble of this statute accordingly in the statutes at large . h see the revoc●tion the statute the same yeare by proclamation ; in the statutes at large . * walsin hist. ang , p. , ● . fabian , part . . p. . graft . p , . speed p. ● . hol. ypodig-n●ust p. . . o walsing hist. angl an . p. ● fran. thin his catalogue of protectoues . holi●sh vol. . col , walsin . ypodigma neust. p ● , , ● , dan hist p. , , . p walsin hist. ang an . r . p , . speed. p. . q wa●sing . hist angl p , . r walsin . hist. a●gl . p. . fran. thin his cat. of protectors . holinsh. vol. . col. . s walsing : hist. angl. p. . fra. thin his catal. of chauncellours . holinsh. vol. . col. . t wal. hist. 〈◊〉 . . holinsh. vol. . col. . u hist. . * note this . x hist. ang. p. . . speed , . y walsi . hist. epi. . . . . z walsigham . hist ▪ p. . * hist. a●gl . p. . a r. c. . . r. . c. . . . . r. . c. . h●c . . . ●ee wal. fab. holinsh. graft . speed , trussell , in . & . r. . b r. . c. . d see walsin . fab. speed , graft . holin . stow , iohn truss●● , & s r r. baker , in . . . & . of r. . * institutes on ●it . f. . t see e . c. . . . e . c. . . e. . stat. c. . . h. c. . . h. . stat . . c. . . r , . c. . * r. . rot. pa●l . num . . * rot. parl. . r. . num . num . . mr. seldons titles of honour , p. . . walsing . hist. angl. . r. . * not● . h . hen. ● . rot parl nu. . i ibid. num● . ● . . k halls chron. . h. . fol. . graft . p. . thin , and hollinsh . vol. . col. . l walsingh . hist , ang. p. . hall. graf . ●abian speed , ●russell . . h. . m . h. . f. . to ● . n vol. . . h. . p. . to . o fox vol. . p. . to . speed , fabian , grafton , sto●● , trussel , in . h. . p hal● chron : . h. ● . f. grefton , p. . helinsh●d , vol . p. ●● ● . and i rancis t●in , ibib . howes , and stowes chron p. . . * hall , gra●ton , how. speed an. ● . h● . ● . q hall an. ● a●d . h. . f. . to . fabian● p. . grafton , p. . to . r speed history , p ● . * see matth. paris , p. . s . e. . c. . . e. . c. . . e. . c. . * . r. . c. . . r. . c. . cookes instit. on mag. chart. f. . . t e. . c. . . e. . c. . and . r. . c. . . e. . c. . . e. . stat . . c. . . h. . c. . . h. . stat . . c. . . r. . c. . ●ee rastals abridgement , title , iustices of peace , customers , &c. v modus tenendi parliamentum ; holinsheds description of england c. . p. . and annals , of ireland , p. . &c. . lac . c. . mr. hackwels manner of passing bills . x see his maies●ies answer to the lords and commons remonstrance may . ▪ y the remonstrance of the lords and commons may , and nov. , ▪ z see a●hes tables errour , to . iac. c , , cromptons iurisdiction of courts , f , , 〈◊〉 , ●miths common welth . l. , c , , , , e. . c , , , a by acta●● , l , , c. . e , , f. ▪ register , fol , , westm , , c , , e , , c , , , e , , stat , , of these that are borne beyond the sea● b magna charta , c , , and cookes institutes ibid , e , , c , . e , , c , , ● , , c , , , e , . stat , , e ▪ . c , , . r , c , , r , , c. . c rom , , . . c. . . nisi gramita non est gratia , august . de natura & gratia , l. , c , . e. . the pardon , 〈…〉 , . e. . c. . . . c. . r. . c. . r. . ●● . h. . c. . h. . c. . r. . c. . stat ▪ . c. . and all generall acts of pardon , d ▪ sam. . . chron. . . ezek. . , . est. ● . . to . dan. . . chron. . . to ● . . chron. . . to , est. . . 〈◊〉 . e see d●before , ●racton , l. . c. . l. . c. . fortescue , c. . to . cooke l. . f . . ●olvins case . g see the remonstanc● of the lords and commons nov. . . p. , , , . h see wa●singham , hist. ang. . r. . p. , , . where the whol● manner of his coronation is expressed at large . i l●b . . c. . f , . b. see brook and fitz. herbert . and ash. title custome . & prescription . cookes instit. on littleton , f. . b. , b. . b. cookes instit on little●on f. . b. and the bookes there cited , register . f. . briefe de consvetvdini●vs & ●ervitiis . * now mal●orrough . * westm. the first . * in the s●atutes at large it is c. . but . in mag. charta●s . * the prologue and 〈◊〉 . a r●gister . part . f , . c. . a. b ibid f. . . b. . b. . a. c ibid. f. . b , . . d ibid f. . a , . b , see f. . to . * apo●hegm . * plutarch apotheg . lat●n . p. . f ●ract . l. ● c. ● . l. . . l , . c. ● ▪ fl●t. l , . c , . , & f. , , cook l : , ● . , ● . l. , f , . . c●lo . case , fortes c. , to . ploud . . . . e , , f. . g plouden , ● , . . & ashes table p●erogat . . iudge cook● argu. against ship-money . p , . to . * 〈◊〉 qu● tiel fait●n● poet ●ye e●●re prerogative ●n nostr● s●ignour le ro● quest derogatif al execution de droi● et justi●● . h i●t . . . i tit. . . heb . . k tim ▪ l mal. . . iam. . . m 〈◊〉 . . * dion hist . bishop iewels defence of the apol ▪ pa●t . c. . p. . n mat. paris p. , , . , ▪ , , , ● , . walsing . bi . p. . . speed p. daniel , p. , , , , , , , . o h. . c. e. . c. e. . c. . . see iudge crooks & huttons ●rgum . against ship-money . p polit. l. , , , , . q de officiis l. r hist. l ● . s de civit . dei l. . c. . t de la●d . leg ang ▪ c ▪ . to . u xenoph ▪ de laced . repub. p. hier. blanca , r●yum aragenens . comment p. . . x xenoph. de laced , & atheni●n●ium repub. plato & cicero de legibus , lib. aristol . polit. l. , ● , & . diodovui● c ▪ bibl , hist. l ● , , , plut●rc , num , pompilius lycurgus , s●lon . y hieron . bla●ca , arag●nensrerum . ●ommēt . p. , . ioannis mari●na de rebus hisp. l , . c , . hierpauli r●gum aragonen : s●ri●● . i●a●nes pistorius hispani , illustr : tom p. . z cooke , , report , calvins case f. , . * cooke , report f , , . a see litle tons chap. of attornment , and cooks instit. ibid. b cooke l. ▪ f , , ● . , h. , . ●rooke charter de pardon , , , report f , . . c mag. chart. . e , , c , . e , c , . r , , c , . d see iudge crookes and hutions arguments against shipmoney , & the bookes and statutes therein cited . e h. , f. . b● , charter de pardon , , , ass. , , br. com. , . b mr. ha●kwells passing bills . p , . with others fore-cited . a remonstrance of both houses , nov. , . p. . c polit. l. , c , . d sam. . 〈◊〉 . c , , . to . sam. , , , c. , . to . chron. . . chron , , ▪ . . esth. . to . ier. . to , dan. ▪ . to . * sir tho. smiths comm●nwealth l. ● , c , , , brook minshaw , cowell , title parliament vowel , holinsh. cambd in their discourses of parliaments . f , e ▪ . c. . . e. . c. , & she bill for trienniall parl. g grafton , p. . , trussell . p. ▪ h pol●t . l , . c. i hy●ronym , blanca arog●●ens . rerum . com p. . to . * deut. . . tim ● , , rev. . , and . . * ps. ▪ . , psa , . . iam. . . . mat. , , , , ● , 〈◊〉 . c . . iohn . . . iohn . . . isa. , , dan , , , to . * eracton , l. . c. . l ● , e , ● , ● , ● e. . , . ass● . e. . . brook dures . , , , ▪ ● , , , fitz. dure● . . . , , ● , . k . e. . p●rque servitia . . h. . , br attornment . ● . m see math. paris , p. . to . n speed , p , mat. par. p. . deniel , p. . o . h. . c. ● . . h. . c. . e. ▪ c. . stat . . & stat . , c. ● . ● . , c . r. . c , see brooke & astr. title ducesse . * see dr ▪ ●ullers late serm ▪ the last inaugura●ion day . notes for div a -e * part . edit . p. , to . notes for div a -e a civilis belli , l. . p. . b apud veres dei cultores etiam ipsa bella pacata sunt ; quae non cupiditate aut crudelitate , sed pacis studio ge●iunter aug. de divers . eccl. obse●● . . gratian caus ▪ . qu. . cap. apud . albericus gentilis de iure belli l. . c. . c patriae deesse quoad vita sapp●●a● nef●s est livius , rō . hi●●t . l d militare non est d●lictum sed p●opter praedam militare peccatum est . august de verbis dom ▪ tract . . & gratian. caus . . qu. . e see littleton in his chapter of gran● serjanty , knight-service , escuage , & cook ibi . f numb . josh. . , to . g jugd . ▪ h sam. . ● i judg. . . ● . k jer. . . . notes for div a -e object . ▪ * see many printed declarations , proclamations to this effect ; with other pamphlets . answ. a see the houses severall declarations to this effect . * e c. h. , c. . see ashes table , contemp. , the law bookes there quoted , h. . c. . e. . . coron . . dyer , . stamfords pleas , l. . c. ▪ f. . l , , c , , f , . * the declaration of the lords & commons in answer to his majesties , concerning keinton battle . b part . & . throughout . c see polybi●n hist. l. . arist polit. l. . c. . . l. c. . l. . c. . bodin l. ● , c , . l , , c. . d hieron . blan. ar●gonens . rerum comment . p. . . . to . . to . ioan. mariana de rege & regi● instit. l. . c. . to . e in the appendix . f part. . g common-wealth l. . c. see plut. caes. & pompeius . h aragonensium rerum comment . p. . * part . p. , , , &c. i see arist. polir . l : c. d ● . beards theatre of gods iudgements . l. . c. . to . ad generum cere●is pauci sine sanguine fuso , descendunt reges , & sicca morte tyr●nni iuvenal . see the appendix . k 〈◊〉 . l. . c. . . l memorabil l. . p. . m 〈◊〉 ▪ l. . n spelmani concil . ●om . p. . o lambard . archaion . p. . fox acts & mon. vol . p. . p lib cap. . s●ri●s tom. ● . p. . q common-wealth . l. . c. , . r de rege ●t regis 〈◊〉 . l. . c. . . s lib . c. . fol. . t ●ib . c. ● u de laudib . legum angl. c . to . x speech in parliament house , anno . y bract. l. . c. . ●leta l. . c. . for●●s . c. . to . cooke . report f●l . . 〈◊〉 . cab●ins case rom. . . pet. . . z see the apendix . * sam . . a chro . see the kings coron . oath . b rom. . , . pet. . . 〈◊〉 . ▪ c 〈◊〉 . de repub &c. cicero de legi . sam. . . to . cap. . . . chr. . see. marian , de reg. & reg. inst l. c . d de leg. arg c. . . . . . e lib. . f. . calvins case . f lib. . c. . f. . g lib. c. ● . h lib . c. . i de laud. legum angl. c. . to . k de rege & regis instit. l. . c. . l deut. . prov. . rom. . . ephes . . pet. . . * see doctor beards theater of gods iudgements , l. . c. . to . m gratian causa qu. . . . calvin . lexicon . iurid tit bellum . n cicero tus. quaes● . l. . o liv rom. hist. l . 〈◊〉 , p. . p 〈◊〉 . hist. ang. p. . . q walsing . hist ang. p. . r walsing . hist. ang. p. . . s walsing . hist ang. p. . , . , . t h●lls chro. & h. f. , . fox acts & mon. vol. . edit . ●lt . col. , . u iac. c. , , . the kings proclamations , iacob . against them and the a●raignement of traitors . ● x cooke . report , calvins case . * math. paris pag. . speed p. . . y tim. . , . ier. psal. . . , . isa. . . & . . * livy rom. hist. l. dec. , p. . arist. polit. l. p. . marianade rege , l. c. c. . a arist. polit , l ▪ . & buchan . de iure regni apud scotos . b gratian. causa , . qu. , , . iacob . spie●egius , lexicon iuris , tit bellum . f. de iustitia et jure non sine . ioannis calvini lexicon iuris . tit. bellum co . . . summa angelica , et rosella a●e●sis sum. part. . qu. . mem . . & quaest . . num . . martin laud. de bello , surius concil . tom. . p. . c calv. lexicon . iurid . ih. ex hotomano , and other forcited . d see principally . h. . rot. pat mem . & mem. dorss . e see aristot. pol. l. , c , , , & l , . polib . hist. l. . fortescue . c , . to . f de officil● l. . p. . g exod. . . to . . . num. . . to . sam. . . chr. . . iohn . . . c. . . . . h cicero de l●gibus . i resolution of conscience . sect. . k see stamfords pleas : f. . . . l see andrew favine his theatre of honour l. . c. . . . halls chron. h. . f. . . . . . . . . . . . . m hall an. . h. . f. . . n fox acts and monuments , vol. . edit . ult . p. . . iean crespin . lestate de lesglise . an. . p. : the generall history of france in his life . p. . o halis chron. f. . . h. p generall history of france p. . . fabians chron part . . in his life ; with others . q sene●a de●●ra . r eadmerus , malmes hunt. hoveden , mat. west . mat. par polychonicon , ●ab . caxton , holinsh. graf . speed , daniel , and others in the life of wil. rufus . s see stamford bracton , fitz-herbert , brook , cromp. tit. treason & corone . t mat. par. an. . p. . speed p. . dan. p. . . holinsh . graft . stow , and others . u in praefenti ●ello , dominus rex extitit vulneatus & morti paene vicinus , jaculo in eum ex improviso dejecto , mat. par. ibid. x see the remonstrance of both houses nov. . . * littleton sect . . cook. iust. ib f. . l. . e. . . . . e. . . b. . e. . . . plowden p. . . . e. . c. . h. . c. . . cooke l. f . . . . * isa. . . . . * see charta de forresta . rastals abridgment , title forrests . . iac. c. c. . petrus biese●●is de instit. episcopi bibl. patrum tom . pars . p . illud ni●ilo . minnis ●bsurdum , &c. * gen. . . . . c. . psa. . . ● . . * psal. . . . . chr. . . . see the vindication and revindication of this text. * rev. . . c. ● . . c. . . * psal. ● . . ps. . . * gen. . . mat. . ● . * 〈…〉 * 〈…〉 * zonaras annal. to●● . . f. . munsieri cosmog . l. . c. . p. . * mat. west . an. . p. . malmes● huntirg . ●ab . graft . holins . speed , and others in his life . * hoved. an. pars posterior . p. . mat. paris , mat. westm. polyc. fab. walfirg . holinsh. graf . speed , daniel in the life of rich. . y see bishop bilson , of christiā subjection , &c. part . . p. . to . and the authors there cited . z speed hist. l. . c. . l. . ● . . . camb. brit. p. . . &c. c. see holinsh. poly , g●●f . a iacobus valdefius de dignitate regum regn. hisp. c. . franciscus tarap●a de regibus hispaniae , michael . ritius de regibus . hisp. l. . manst . cosm. l. c . b see bishop bilsons true difference , &c. p. . . to , and the appendix here p . . c aventinus amid . . the generall hist. of france in his life . see the appendix . d see grimstons imperiall history in their lives , & and the appendix . * the generall history of spaine p ▪ . * graft . part . p . buchanon remou 〈◊〉 l. . p ● . . e theatre of honour l. . c. . p. . f see pareneere the end . g see summa● rosella tit. bel●um . h fitz nat. brevium f. . . i common weale l . c. . . ● . * see knols turkish hist. in his life . * speede hist. p. . the history of the netherlands , and the swedish intelligencer . * mat. par. mat. west . hoved. speed , holish . fab. graft . daniel in his life . * see knols turkish hist. of the calling in the turke into graecia and cambd●n & speed of the brittaines calling in the saxons which proved their ruin and conquest . h see matth. westm. huntirgdon , galfridus monumetensis , florentius wigorniensis , polychronicon , fabian , caxton , grafton , holinshed , speed , and others , in their severall lives . i matth. pari● hist. angl. p. to . holinshed , grafton , speed , fabi●● and daniel , p. . . . * a true character of a pope . l pag. . . . m hist. angl. pag. . . n pag. . ● . o see part . . p. . . p confirm c●●rtarum . . e. . ● . . q ma●h . par●● hist. p. to . daniel , p. . . see holinsh ▪ graft . speed matth. west . anno . r page . . daniel . p. . s page . . t an. ● p. . r mat. par. p. ● . . speed , p . dan. p. . x w●lsing . hist. angl. p. to . ypodigma neustr. an. . dan. holinsh. graf . speed , fab sto● and others in his life : fox acts and monuments , ed●t . ult vol. . p. . . y f. . : z walsing . holinsh . fab. graf . stow , speed , daniel in his life . b dyer●● . . pl. . cooke , l. . f. . stamford . f. . n●●a . c walsing hist. angl p. see holinsh . speed. trisse● l in rich. and cambdens britania , of the british is. lands , p. ● . c walsin . hist. angl p . e walsing . hist. ang. p. , to . polyc. fab. speed , graft . holin . howes , trussel . in . & r. . . r. . c. . to . * nota. f see walsingh . holensh . graft . speed , stow , trvsselt . in . r . & r c. : . . but especially ca. . will manifest the unjustnesse of this unlawful packed conventicle if i may so call it . * see albaricus gentiles de iure be●li lib. ● cap. . , . . g g●oston , p. . ● ▪ . hall. . & h . f. . . holinshead , stow speed , fabian . h hall , graft . fabian , caxton , holinshed stow , speed , anno . . & . r . i graston , p. . hal. . r. . f. ● . . see holished , stow , speed , & barons henry . i speeds hist. p. . to ● . gamston hist. of the netherlands , l. . p . . &c. and imperiall hist. p. . to ● . k see the acts of pacification and oblivion in both these kingdomes . l an exact collection of all remonstrances , &c. p. . . m albert. gentil . de iure belli , li. . ca. . . . n gratian causa . qu . . . and the canonists in their glesses on that text. summa angelica & rosel . til ●el anto. cortes . reper . in abatem tit . beilum ; iacob . spieleg . & . calvin . lexi . iurid . tit. ●el . mart lauden de beil . tract . alber. gent. de jure belli petrinus belli de re● milita . & bel●o tract . de iure belli belg. hagae , . hugo g●ot . de iure belli et 〈◊〉 . a cl● . . de sent. b bal . cons. . & s. cons. c clar ▪ §. h●micidium . d bal , ad . d. l. . loc . i● s. dec. l. ut vim e ap. mitr . f phil. de principe . g clra. §. homicidium . h l. . de iust. l. adle . aq. ceph . cons. i cic. . iuci. fa. . k c. . de se exc . c. de homicid . l ammia ● m cic. pro milo . n aug . con . fav . o iason . l. . l. de in re . p con. rig . peccatum . p. . §. . q bodin . . de rep. . r livie l. . * costr . l. . de iust. s pater . l. . t liu. ● . u veget. l. . x hist. l. . y d●m . l. ad arifleg . * dio. l. . z terent. . eunu. . a philo. de spe . leg. b pers. sat. . ovid. . de art. horat. ad loll. ep. . c c. lib. . tit. . l ul . l. tit. . l. . & c. t. de sica . l. . d bald. . cons. ias. l. . de iust. e bal. . cons. . . . alex. . , cla. §. homicidium , zas . l. ut vim . f dec. cons. . g p. l. . . quod met . can . g de dame● iinf . l. . loc . i gell. l. . c. . k cic. pro tu . quict● . . c. l thucid. l. . m zonarus . n pausanias , 〈…〉 . o hero lib. . p xenop . . graec. q liv. lib. . r thuc. lib. . s salu. frag . t dion lib. ● u bod. . de rep . ult . x p sy●● y iou. lib. . z ari. . pol. a hier. epi. . b bal. . cons. . . . c dion l. . * ovid. . fast. posse nocere sat eft ; quodque potestalios perde●e , perde prior . d plut. pomp. e bal. . cons. . . f ap●l . de ●und . g polit. . ep. guic. lib. . i ans. e●log . h polyb. lib. . i li● . l. . k gellius l. . ● . . l dion . l. . * l. . d. ● . n iou. l. . a l● . de ju● & ju . b cic. . de fi . c plut. de vi. alex● d niceph. g● . li. . e s●n. ep . . e sen. ep . . f gel. lib . g hor. ad i●● . ep . . h sen● ult ▪ ben . i lact. de ira . dei. c. . k phi. iose l c ▪ apol m ●ct . m aris● . de mu● . n cic. . de offic lael . o aug . de civ . p ambr●● . de off . q bal ● de prido . r lact. instir . s ci. c. . a●t . . t arist. . pol. & psal. . . u gal. . & . petr . . x hier. ep. y claud. . cons. he. z rom. cons. ● . a dec. cons. not l. . l. . de just . b plat. . de leg . c bal. . cons. . d sen. . . de ira. e xiphil . f cic. . fa. . g procop. . pers . h cicer. pro quin. i iust. ge. an . ● . k l. . de ex l lib. . de he . vel . ac . ve . m castr. l. . de just . al. . . clar. f. q . & homicidium : de cons. . n lib. . de app . ias. l . de iu. dec. cons. . ceph . ●uia . . obs . . o l. . dene . ge . . segq. p l . quis . ma ad li per. pla. . de leg . q ias. d. l. . eug. cons. . r bal. l. ul . c. de ju . deimp . s alc. l. cons. . mol. ad dec. l. . de reg . t bal. . cons. . l. . ● . de ser. fug . u eccle. . x bal. l. . de of . pr. vi . y nic. cal. . his . . z cic. . deoff. a bal l. . . c. de op . le . b guic. lib. . d anbr. de off . . c. . . q. . e d●on ●ol . de legis . f l. . qui ex ca. in po . ea . g amb. de off . h liv. . . i ● . de repub. ult . k plut. apoph . l iov . l. . m oros. l. . c. . n procop. ● pers. & call. l. . c. . o alc. l. . §. sacra . de v. o. p cic. pro planc . x decia . cons. . y levit. . z l. . ubi gl● de l. aq : a ibo . l. . b eccl. . c c. de se. exe . evg con ● a lib. . de offi. . b e●ri . hip. c thuc. l. ● d . de benes . e ceph . ● f cou. r●g● . pocca . par . p. . bod. l. . de rep. c. . & l. . cult . cic. . de off. g bal. lib. . c. de iust . & subst . h sen. ult . de benef. i e●h . . caesar. 〈◊〉 de si c. . k pl● . pyrth . l cr●u . cons . ceph . bal l ▪ , de ser. fug . m alex . cons. . c●ph . . n las . l. de iurisd . cic. pro com. ceph . o l. . de re iul ● . c. de 〈◊〉 . p leo●nou . q l. . bal l. . c. de ser. cor. r plut. qu● nutr . li. hi●●o . cp . . s alex l. ● , sol. mu. t cels. l. . de iust . u cels. . c. hypp . de loc . in hom . x cic. prosy y l. . de ho. 〈◊〉 . ex . z l. . de leg. a nat. 〈◊〉 alex cons. . a nat. 〈◊〉 alex cons. . b bal l. . c. de p. . in ● . . c heb. apoph . . c. . d hes. . op . op . e faer . . c. f alc. emb. . plut. euth . g plu. apoph . h l. . de con . em . i com. pii . . li. . k . de da. inf . alex. . . l l. . de aq . pl. l. . si . se. ui . bal. . cons. . m arist. ● pol. n bal. . cons. . o bal. q. cons. . p lyp. notes for div a -e a master goodwine his anti-cavallar . and bone for a bishop . master burrough● his lord of hosts . the severall answers & replies to doctor ferne. the honest broker , scripture & reason , pleading for defensive armes ( the best and acutest of this kind ) with many others . b num ▪ . c see an ex●ct collection of of al remon . strances , &c. d the resolving of conscience . the necessity of christian subjection , &c. a revindication . the grand rebellion , &c d see gratian caus. . q. . e see fox acts & monum . french book of martyrs , with others . f pag. . . &c. argument● g antiq●●ud . lib c●p . . ipse prophetae cum ●ivatus vim●sses . ut 〈◊〉 sua fa●iat , vi ceactum eo pert●ahat &c. h matth. . mar. . luc. . iohn . i lu● . . ● . . k iohn . . . l math. . . m acts . . cap. . . . luk. . , ● . isay. . * see doct. fernes resolving of conscience . an appeale to thy conscience , with others who much rely on this ill foundation . o see 〈◊〉 . ofinder . ench●nd contr c. . & . 〈◊〉 p exod. . . &c. q sam. to . r king. . s mat. . . ● . t i tim. . . u zeph. . . esay . ● . x cor. ● . . y iob . . z psal. . . psal. . . a john . . john . b lar . . to . alfonsià carthagena regum . hisp. acaphel . c. . c iohn . . c. . . c. . . d gratian. caus. . qu. . e sum theolog. pars . qu. . m. . os●ander enchirid c. . de m●gist . pol. f grati●n caus . qu. . les fl●urs desvies des sanctes part . . p. . g sam. . . . to . h rom. . . . i dr. fernes resolving of consci●nce ; an appeale to thy conscience . * rom ▪ . . . k see doctor fern● ; appeale to thy conscience ; the grand rebellion ; the necessity of christian subjection , and others , * sam. to . c. . . to . &c. . * chron. . . ezek. . . . . o mac. . . to . p enchirid. controvers . c. . de magistrat polit. q epist. l. . ep. . donat● . r de ciu. dei. l. . c. . s ofiander ; enchrid . cont c. ▪ de polit . magist. qu. . p. . abber . gentilis de iure belli . l. . c. . hugo grotius . de iure belli l. . c. . §. . * ioseph as antiq. iudae l. . c. , p. s philip. de melanct. chr. l. . d r beards theatre of gods iudgements l. . c. . p. . u numb . . rom. . . to . pet. . . . x esay . . to . ezech. . . . . zech. . . king. . king. . . implied ● estates upon credit . . sect. . . ● part. . p. ● . to . a part. . p. b de princip . l. . . . . c praefat. ad rub. de collationibus , p. ● . e de iure belli & paci● l. . c. . , , . f gen. . . c. . . . ps. . . . ps. . . ps. . . esay . . esay . . . iosh. . . c. . . heb . . d de iure belli . l. . c. , . l. c. , , f gen. . . c. . . . ps. . . . ps. . . ps. . . esay . . esay . . . iosh. . . c. . . heb . . g groti●● de iure belli l. . c. , sect. . * caus. . quest . . suri . concil . tom. . p. . u lev. . . mat. . . rom . c. . . cor. . . phil. . . tim. . x dist. . qu. . to . y de iure bell . l. . c. . . . z common-weale . l. . c. . l. . c. . sect. l. . a . c . sect. . . . b cajetan . ●a . ●ae . qu. ● . ar . . ambrose , offic. l. . c. . summa angelica , rosella & sylvester , tit. bellum , and the glossers on gratian. causa . . qu. . c caus. . qu. . . d ●a . ae . qu. ● . art . . & qu. . ar . . dub . . e l. . disp . . art . . l. qu. art . . f lib. c . du . . g l ▪ . contr. illust. . h p. . . ● n . i . ae . qu. . art . . k verbo bellum , par . . n. . & p . & homicidium . . q. . l ad l. ut vim . di de iust. & ●ure . m in rep . l. . & unde vi . n l. ● . c. . n. . o de iure bel. l. . c. . . p de iure bel. l. . c. ● . q . ar. . . q . card. qu. . li . pet● . nau. l. . c. . n. grotius . de lure belli . l. . c. . sect. . r see the relation of brainford . obj●ct . . u dr ferne sect. . p. . answ. object . . an appeale to thy conscience . p. . . . answ. object . . p an appeale to thy conscience ▪ p. . answ. object . . q appeale to thy conscience . p. . answ. r sam. . . esay . . c. . . c. . . chron. . . s king. c. . & . chr. c & . & . n●h . . . t sam. c. . & . & . u in the bookes of kings , chronicles , ieremiab , and daniel . * see cassanaeus . catal. gloriae mundi , pars . consid . . sect . . p. . x de ●ontif . rom. l. . y sam. . . &c. z chro. . . . . . a king . . . b . king. . . . . object . . c an appeal to thy conscience , p. . c. answer of the vindication of p● . . , and the revindication printed at cambridge , ● . answ. d sam. . & . & . see chron. . . e see zeph. . . gen. . . iob . . c. . . c. . c. . . c. ● . . gen. . 〈◊〉 . . ier. . . ioh. . . f matth. . . c. . mar. . . luk. . , , g the vindication and revindication of psal. ▪ , h gr●●tian . causa . . qu. , ● , , . where many fathers are cited , to this purpose . i exod. . c. , . levit. . . . king. . . k eccles. . . . . ezech. . , . ioh. . . l psal. . , . num. . ● , , . m iosh ▪ . ▪ n iosh. . , , , , . o iosh. . . c. . & . . 〈◊〉 . p iudg , , , to ▪ q iudg , , to r sam. , , . s isay , , . * chro. . t king. , , . u king , . x chr. . , , . y ki. . , y ki. . , z chron , . , ● . a king. . . b see m. seldens titles of honour . l. c. s●ct . . . bodin commonw . l. . c. . l. . c. . ioseph de bello iudaico , l. . c. . . c commonw . l. . c . d de iure belli l. . c. . sect . . . e in the●r ●itles and contro●●rsies de immunitate clericorum , bishop latimers sermon at stamford , f. . b. f keilwayes reports , f. . g see par . . p ● . & fox act & monuments . h king. . ● , . i see claudius esponcaeus dig●●s . in po●●●pist . ad tim. de c●rismatis usu . p. . &c. k espencaeus ibid. see i homas waldensis , bellarmine and others , de sacramento extremae unstiouis , and all schoolmen and canonists , de sacrame●torum numero & extre . unct . l catalog gloriae mundi , par . . consid. . p. . alber. de ros. super g. of rubr. f. desta . ho. m cassan●us ibid. & consid. . n cook . report . calvins case f. . philoch . arch. de somnio vcr 〈◊〉 , c. . object . . answ. o sam. ● . , . . p sam. . . to . q king . . 〈◊〉 . . r king . . . king . . . to . s sa. , , . c. . , , . t sam. , . c. . , c. ● . chro. . . v psal. . . psal. . . y sam. . , , . z sam. . . to . a soct . . p. ● . sect. ● . b sect. . p. ● . c sam. ● . . to . d sam. . . to . e sam. . sam. . , . f sect. . p. 〈◊〉 . object . . g dr fern , resolving of conscience , sect. . p. . and others . aswer . h exod. . i psa. . , and other psal. k chron. . . king. . l chron. . . . to . m chron. , , . n mat. . . o iam. . , , . p psal. . * matth. . . object . . q dr ferne , sect. , . an app●al to thy conscience . answ. . . . * antiqu. iud. l. . c. . . q explan●● . artit . . operum , tom. . s third part of the true difference between christion subiection , &c p. . . t sam. . u chron. . x kin. . y ●er . . z king. . . to . a king. . ● chr. . evasion , reply . b deut. . thorowout . c. . . to . c kin. . . to . c. . . . d kings . , to . e chron. . , . c , . . to . king. . , , , c , . f king. . * sam. . . . . sam. . , , , , . psa. . , , . chro. . , , . kin. . , , , , , , sam. . , , , , ● . c. . . compared with deut. . . to the end . g king . . c. . . . ● . . . to . c. . to the end of , c. . king. ● . . to the end of c. . chro. . . to the end of c. . h dr ferne , sect. . p. , , . and elsewhere . the necessitie of christian subiection , oxford , . appeal to thy conscience , . the lords anoin●ed , oxford , with others . object . . answ. i sixfold comment . on rom. . quest. . p. . k antiqu. iud. l. . c. . . * rom. . 〈◊〉 . * o siander . enchir. cont● . cap. . de magist . polit. m isay . , . c. . . sa. . . psa. . , , . n paraeus , willet , soto , and others . o pet. . . p lib. . c. . f. . q el●ta , l. . c. . r i say ▪ . to ● . king . , & . psal. , ● . . to . psa. . . psa. . . . , psal. . ● . to . s psal. . . to . prov . . mich. . . . ● . . . ● . . t rom. . . . tim. . iohn . . rev. ● . . u see sueto●nius , eutropius , zonaras , grimston and others in their lives . x see seneca de clem. l. . hosea . . y lu●●n . de bello civili . l. . p. . z see fox acts and monuments throughout . a apolog. c. . and seneca de v●ta beata , c. . b see fox acts and monument , eusebius , socrates , scholast , nicephorus , grimst●n in his life of iulian the apostate and others . c dan. . . to . acts . . c. . , . d see exod. . . c. . ● king. . . chron. . ezra . . c. . n●h●m . . . c. . . c. . . ezek. . joh. . . c. . . acts , . ▪ . quest. . a doctor ferne , appeale to thy conscience ; the necessity of subjection . b albericus gentilis , de iu. belli . l. . c. . p. . c alci . l. . de v. s. l. . & de pact . d l. . de don. l. . quae res , p. . da. ob . non . pos . l. . qui mo pi . so l. . pro. emp● . f common-weale , l. . c. . p. . g suctonius , zonaras , ●rimst●n , eutropius , sabel●icus , op●neerus , and others in his life . h marius salamonius de principatu , l. . p. . to . i common-weale l. c. . k generall history of france , p. . object . l ad s●apulam , lib. p. . objected by , the nec●ssity of subjection , and others . answ. m rhe●an● annot. i●●d . quest. . n see mich. . . to ▪ isay . , . ze ph . , . ezech. . , . o in rom. . col. . willet on rom ▪ quest . . p. . p sect. . q gri●st●n , suet●nius , eut●opius , zonaras , volaterranus , speed and others in his 〈◊〉 . r as he doth ▪ phil. . . act. ▪ v. , , . c. . . c. . . see matth . . . luk. . . c. . . acts . . c. . . quest. . s doctor ferne , sect. . app●ale to the conscience , p. . ● . the necessitie of subjection , christus d●i , p. . . with others . answ. t gen● . . . . ● . jer. . , . psael. . ▪ ● . u gen. . . exod. . . ephes. . , . c. . . . col. . . to . c. . , . tim. . , . pet. . . c. . , ● , . y iosephus a●tiq . iud. l. . c. . carolus sigo●nius de repub . hecraeorum . l. . c. . z aristot. polyt . l. . & . polib . hist. l. . iust. in hist. l. . cassanaeus catalog . gloriae mundi pars , . consid. . philochius archila●us de somnio viridarii , c. . fortescue c. . . . mr. seldens titles of honour , part . . c. , , , . a gen. . sam. . . seldens titles of honour , part . c. . . see the appendix . b procop. vand. l. . c ammon . l. . c. . l. . c. . hugo grotius de iure belli . l. . c. . c. . . e see part ● . p. to . ed●t . ▪ f bracton l. . c. . fl●ta l. . c. . . see here , p. ● . & part . p. ● . g psal. . deut. . . isa. . . c. . cor. . ephes. . . h tim. . ● . . rom. . . c. . . deut. . . i deut. . . , . sam. . . ●am . . . k sam. . , . ● king . chro. , . prov. . l tim. . , . pet. . , . rom. . to . t it . . object . answ. m chro. . . isa. . . c. . . l see doctor willet , paraeus , and others on rom. . * apologeticus . m porphyr . n apud cassiodoru● . o apostol . constit . . . c. . p mat. . . luk. . , . q psal. . . to . psal. . , , . psal. . , . o psa. . psal. . , ● act. . , to . heb. . . p rom. . ● acts . pet . . deut. ● . . iob . , . chron ▪ . . gal. . . ephes. col. ▪ . q quest. 〈◊〉 rom. . p. . see cassan●us , catalogus gl●riae mundi , pars . consid. ▪ to . * archbishop laud and neal , in the high commission and starc●amber . r see bellar. de rom. pon● . cassanaeus catalog ▪ gloriae mundi , pars ● consid . . * f●xius de rege , &c. p. . grotius de iure belli , l. . c. . n. . s explan . artic . . t delure reg. apud scotos . v de rege & regis instit. l . c. . to . x arist. polit. l. . & . polyb. hist. l. . gen. hist. of france , spain , hungary , bohemia , england . grotius de iure belli , l. . c. . n. . covaru . quaest. illustr . t , . , n. ● . . vasquries contr. illustr . . n. , ● . n. . n. . hookers eccles. po●l . . sec. . p. . , . y see scripture and reason pleaded for defensive arms , p , , . z sen●ca grotius de iure belli , l. . c. . sect . . p. . a eccles. . ● . quest. . b see paraeus , willet , tollet , soto , marlora● . and others on this text. c iudg . . . cor. ● . . . cor. . . . pet. . . philem . chron. . ● . . tim. ● . . exod. . , . . chron. , . psal. . . d cor. . . e see ( c ) beso . cor . . . . rom. . . . g levit. . . mat. . . psal. . . . p●● . . . ps. . . i see tostatus , caietan , cornelius a lapide , soto estrus , with most popish commentators , & dr. will●t on this text , bellarm. de clericis , and the canonists , de exemption ibus , & immunit . clericorum . k bp. bilsons t●ue difference &c. par . . p. . to . . vvhites defence of the way ▪ c. . p. . to . l pag. . g● . hist. of spain . m theod. eccles . hist l. . c. , . sozam . l. . c. c. . n see math. vvestm . math. paris , hov●d●n polychron . fa● . caxton , polidor , virgil , holinsh. stow , grafton , speed , daniel in the lives of hen ● . k. iohn and hen. . o danicae hist. l. . p. , . ● . p spelm. co●cil . tom . . p. . godwin . catal. of bish. edit . . . p. . q spelm concil . p. , . r spelm. con. p. , . godw. catal. of bish. p. . s spelm. concil . p. , . * goduin . catalog . of bis● . p . u speknanim . concil tau . . p. , . goduin . edit . . p. . x mat. paris , h●st . p. . goduin . catalo . p. . . y antiqu. eccles . bul. p. . see walsingh . hist. angl p. . to . * theod. eccles. hist. . . c. , . object . . x 〈◊〉 fern sect. . ap●eal to thy conscience . answ. reply . answ. * see heb. . . m●tth . . , . a see bodin common-weal l. . c. . l. . c. . hugo grotius de jure belli . l. . c. . sect . to . . & annotata . b part. . & in the appendix . c bodin . common-weal l. . c. l. . c. . d part. . p. . e par. . & the appendix . f livy hist. l. . see the appendix . p . . g macrob. saturnal . l. c. . seldens titles of honour part . . c. . sect . . p. . h aug. de civ . d●● . l . i selden . ibid. plutarchi , iulius caesar , eutropius . grimston in his life . k gal. . . . l ant. iud. l. . c. . l. c. . l c. . & de bel. iud. l. . m mat. . c. . . act . . . c. . . c. . . n ant. iud. l. . to . john . . o ios. de bel. iud l. c. . . . . p see the appendix . * schickardus jus regtum . h●b . p. . cunaeus de rep. haeb. p. . objection . x bodin . l. . c. bilson . part . . ● x an appeal to thy conscience , and many others . answer y sam. . . isa . . . . c. . . ezek. . to . ps . . isa. z ezek. . zep ▪ mat. . . act. . joh. . . to . * pet. . . a rom. . . b john . . c litt●●ton . sect . . & coke ib. p. . d see al● gen. de iur. bel. l . c. . . e antiq eccles . brit. p . f appeal to thy conscience , and others . object . . answ. g see kin. . . to . isai. . . h see gildas de excidio . brit. matthew west . malmsbury , huntingdon , and all our chroniclers . chro. . . ca. . . to . h sam . , , . i king cap. . & . * ioan. ca●●ot , lib. . polycrat . c. . & boc●●llus d●creta , eccles . gal. l. . t it . cap . p. . object . k dr. ferne , sect. , . and others . answ. * seditiones nonfacit , sed tollit quiever ●orem patriae , publicaeque disciplinae co●rcerit , vindiciae . contr . ty●●n . p . object . authority . answ. l see orosi●● , eutropius , paulu● diaco●us , grimston , and others . m see lucas osiander e●chir contr. cap. . de magistratu . polit . n gratian distinct . & causa . . qu . aquinas . . . qu. . artic. . silu. de bello , p . grotius de iur. belli . l. . c . se●t . . p. . nicetas chro. l. . o see w●ls●ngham . hist. angliae p. . to . p contin mat. p●is , p. . q r●ger de hoved. annal. pars post . p. . to . neubrigensis , hist. l. ● . c . r antiqu : eccles . brit. p. . . . e . . stamford , f. * see io : maio● in . scot. disc. . authority . s an appeal to thy conscience . p. . grotius de iure belli , l. . c. . sect . p. . answ. . t the christians then stiled iulian , idolianus , pisaeus , adonaeus , tauricremus , alter hieroboam , achab , phar●o , &c. nazianzen , orat. . & . in iulianum . v exodus , samuel , kings , chronicles , numbers , iudges and the booke of psalmes every where almost . * see zozimen . l. . c. . non gentiles solum , &c. x oratio . . in iulianum p. . authority . y appeale to thy conscience , p. , . answ. . nota. z ps. . authority . a dr. fern● , the necessity of subjection . an appeale to thy conscience . bishop mort●n , hugo grotius , and others . ad demetrianum liber . c lib. . d de civit. dei , lib. . answer . e mr. goodwin his anti-cavalierisme , scripture and reason for defensive armes . f see socrat. scholast . theod. niceph. eccles . hist. fox acts and monuments . tertul. apolog. & ad martyres cyprian ad . martyrei . g see fox acts and monuments , vol. . passim . h nazianz. orat. . in i●●● lianum . s ios●ph . antiq iu. lib. . cap. . lib. . c. . l. c. . dion . hist. ● . stra●o greg. lib. . mac. . dr. heylen history of the 〈◊〉 , p. . cap. . t francisci ● carthagen● regum . hisp. ae●ph . c. . hugo grotius de jure belli lib. . ●ap . . annos ad sect . . p. . & sect . . p . x see grotius ibid. y lucas . osiand . enc●● . contr cap. . z de corona militis . a surius concil . tom . . p. . tom . . p. . tom . . p. . . b apologet. c octavius . d concil . constant . . can . . surius tom . . p. . e tertud . apolog. eusebius , socrates , scolasticus , hist. . f cot. . , iohn . . g doctor fern● resolving of conscience , an appeal to thy conscience , the necessitie of christian subiection , &c. all plead conscience . h see part . 〈◊〉 . p. . . * bochellus decret . eccl. gal. ● ▪ . tit. . c. . p. ● . * bochellus decret . eccles. gall. l . tit. ● c. . p ▪ , . nich. gilles ▪ annals of france . * de potest papae in principes christ. l. . c. . k de lure belli . l. . c. . sect . , . p. . * calvin instit. l. . c. . sect . & in dan ▪ . v. . . osiander in epit. centur. . & . sharpii sympho . p. . , . vindicae contra . cyannos . * see the ungarding of the scottish armor , p. . ●● . * andin . l. iud. , . l the true difference , &c. part . ● . p. , , . . m sl●idan . . . . bish. bilsons difference , &c. part . . p . chytraeus chron. sax. l. . p. , &c. n gen. hist. of france p , the appendix , p , . . . o dino●hus hist gal , l. p. . p fox acts & mon vol. . edit . ult . p. . , , . q fox acts & mon vol. . ed. ult . p. . to . pontaus bohemiae piae , lib. . r grimstons imperiall hist. p. , . to . . to sparsim . s erman . meteranus , hist. bel●ica , grimst . gen. hist. of the netherlands . * grimstons gen. hist. of the netherlands , l . p. , . * si princeps ●yrannus est , iure naturali reliquis omnibus mundi principi●us incumbit illi populo tyrannidem patienti opem & auxilium ferre ; hominum egregiorum virorum ●aec est vera laus , de●us & h●nor . vasquius contro i●l . . 〈◊〉 . r hyeronimus blanca ●●agonens . rerum comment . p. . . 〈◊〉 p. . s quoted by grotius de iure belli . c. . annot. ad sect . . p. . t part. . e● . . p. . to . x isay . . y rom. . . . thess. . . pet. . . notes for div a -e * see the . article of the church of england , & rogers ibidem . * joh. . . * zech. ▪ . notes for div a -e * judg ● . . a plato lege hoc-sanxit , li de ll. si quis privatim sine publico s cito , pacem beslumve fecerit , capitale esto . b page . , , . and elsewhere . * part . & . c num. , , . d see cambdens britannia , p. . accordingly . e see e. . pars . m & pars . m. judge crookes argument against ship-mony , p. . to . f see cambdens britan. p. . * an exact collection of all remonstrances , &c. p. , . * part. . p. , . part , . p. . to . nota. notes for div a -e object . . see the kings declarations and proclamations against this and other assessements . answer . see sir edward cookes iusti●ut , on mag. charta , and these laws articuli super chartas , confirmatio chartarum , part . . rastall accusation , , , . * restall tenths , taxes , &c. . object . answer . * see . h. . c. . * part . pag. , , . * see part . . p. , , , . * e. . c. . * . e. . c. . the king then absent in france . * . e. . c. . mar. e. c. . . jac. c. . * jac. c. . . car. c. . * car. c. . . jac. c. . * see restall . taxes , &c. throughout . * matth. paris , hist , angl. p. , , , . daniels hist , p. . * walsingham . hist. angl. p. . holinshed , gra●ton , and daniel , p. . * mr. hack●●ls manner of passing bils , s●ct . . p. . * see part . . p. , , , , to . * see part . . p. . . * fitzh . assise . auowry , . prescrip . . br. custom . . ruchin . . . . co. . rep. . to . see rastal . title corporations . * judge crookes argument against ship-money . p. , may . . a cook . report . fol. , . b cook . report f . c cook 〈◊〉 fol . d register . fol. . fitz. natur . breu. fol. . cooke , l. . fol. . e part. . p. . . , , part . . p , &c francis , then his catalogue of protectors , in holinshed , p. &c f de iure belli & pa●is , l. . c. nu . . p. . g vindiciae contr . tyrannos , qu. , . h . h . . . e. ● . e . br. cu●●ome . trespis . dyer . . * cook . rep. f ▪ , . ash. title sidents . l see the remonstrance of the rise and progresse of the irish rebellion and romes master-peece . * see metranus and grimst●ns generall history of the netherlands . * see the relation and proceedings of the irish assembly at kilkenny . the parliaments remonstrance of the rise and progresse of the irish rebellion . * see the irish excise . * see part . p. , , &c. a e ▪ c. , . 〈◊〉 rec . p. , , , . b matthew pa●is . p . . speed. p. . c r●ge● h●veden , annal. part . past , p. . dunial . p. . object . . answ. . * see cromptons iurisdiction of courts , f. , , , . hollinshead . p. . ferrers cas● , dyer . . e. . . . h. . , . d fortescue , l. c. , . , cromptons iurisdict f. . h. . f. . . brooke paerag . . e littleton and cooke institutes h. . a . b. h. . . a. f levit. . & . g register . par . . f . fitz. nat. bre. f . h iac. c . h see magna char c . cookes ●●titute● on l●●●-leton . f ● a. b cook. ibid. i see wa●lsing . da●●d , s●eed , 〈◊〉 ●●n , in the . & , e . h● rec . p p . , . ex●●lium ●ugoas 〈◊〉 . e. . e. . cap . ●●a●sing . hist. ang. ●● ●●podig . neust. p. ●● . hol●ng p. . speed , p. k . e ● . cocks instit. f. ● l walsingham , speed , grafton , trussel h●ling . in and r. . h. . b. ● h. . a. e. . c●i invita m regist fol. . b cooks . instit. f . m regist fol. . b cooks . instit s . n see part. p. ● . fitz. ayde l● rey. . . . . . h. . c . h . c. . . & . ph. & mar. c. . ( see . iac. c. . ) * . eliz c . iac. c. , , . * alber. gent. de iure belli , l. . and hugo grotius , de iure b●li . l cap . . . &c. o see albericus gentilis , de lur● belli , l. . c . . . l. . c. & . hugo gretius , de iure belli , l. . c. . to . p see part. . p . part. . p. , , fabian . part . . p. . q matth. paris , hist. p. . to . daniel p. , , . part. . p , . r cook repub . f , , iames bagges case . s matth . . t ciero de officiis , l , . aristot , polit. l. . u see part. . p. . to . x fabian . part . . p . y matth. paris p . z matth. par●● hist. angl p. . graston , p. , . * matth. paris , hist. angl. p . * see . r. c. . . h. . c. . . h. . c. . * a . ass. . ●ss . . . ass. . ass . . e. . . fitz. a●taint . . * matth. paris , p. . * annal. pars ●osterior p. . . . . * in the life of richard the first . * see part . and . * john . , . c . . * cor. . tim . . fitzh 〈◊〉 , brook and ash , title excommengment . summa angelica , rosella and others , tit. excommunication . * d. l. omne delictum ● s●ct . qui in acie rebuff●sin l. liberorum sect . etenim . henricus bocerus , lib. . de bello , cap. . p. , . * diodorus sic●dus bibl. hist. l. . sect . , . p● . * see her● part . . p. . * walsingham . hist. angl. pag. . * dani●ls hist. p. . * d. l. . sect , is qui ad hostem . henricus b●ce●us de bello . l. . c. . p. . * walsingham . bist . angl. p. , . see rastall . captains and souldiers . cook . rep. f. . * the generall history of spain , l. . p. , . notes for div a -e see camb. br. math. westm. polychr , fa●i●n , holinsh. speed . gra●ton , grim●on . livy , rom. hist. l. . plut. romul & numa pomp. dionys . hal● antiq. rom. l. ● munster cosmogr . l. . c. . p. . plutarchi numa pompil . dionys. hal. l. . sect . ● . livie rom. hist. l. . p. . . edit francofurti , ● . di●nys . hal. l. . sect . ● . livie rom. hist , l . p. ● , . livie , l. . p. ● . dionys. hal. l. . c. . livie l. ● . p. ● . dronys hal. l . c. . livie l. ● p , . dionys. hal. l. . c. . ibid , p , , dionys hal l. . c. , . ibid. ibid p. , , , ● ionys hol●icar . l● . c. . to the end . livie l. , p. ● . . dionys. hal , l , , ● , , l. . c. . de officiis l. . livie l , . p. . dionys. halicar . l. , c. , . livy ibid. p. , . dio●ys . hal. l. . c. , . antiq. ●om . l. . sect . p. , , . historiae , l. , p. , , , hist , l , , & , l , , p , , ge , dierum l , , c , , l , , c , , f , , , com. weal , l , , c , , rosi●us , godwin , and others : and mun●t , cosmogr , l , , c , , p , , , & c , , p , , liv , hist , l , , p , , with the other forecited authors . nobis eadem vi facitis irri●am , qua peperis●is , liv , hist , l , ● , p , ● , common wealth , l , , c , , & l , , c , , see mun●● , cos●●og , l , . c. gr●mstons imperiall historie , suetonius , dion cassius , herodian , eutropius , zo●aras , sabellicus , chronicon chronic●rum , opmecrus , speed and others in these emperors l●ves , and others . grim. impe . hist. in his life , p. . . muns●er cosm. l. . c. . p. . grim. impe . hist. p. . commentar . l. . f. . see eu●ropius , sabellicus , zonaras , grimston , munster , in his life : paneg ▪ trojazo dictus . in vita trajani . eccles. hist. l. . c. . hi●●ory of gr. ●rit . p. . grimstons imperiall hist. in his life , p. munst. cosm. l. . c . grimstons ●mperiall hist. p. . . hist. l. . p. . . grimston , ibid. p. . tom . . munster cosmogr . l . c. . grimston , suetonius , eutropius , zo●●●ras volateranus , sabellicus , math. westm. polychronicon , opmeerus ch●on chronicorum , speed , and others in his life . grims●●● , ●utropius , and others in his life . grimston● imperia●l hist. p. ● . m●nster cosmog . l. . c. . p. . grimson ib. p. . aelii lampridii heling abalus , zonaras , sa●ellic . and others . grims● . in his life p. , to . ●ith iul. capitol , sabel●i●us , munster , and others . grimston p. . see munst. cosm. l. . c. . zonaras , n●uclerus , sabe●luus grimston , and others . ioan●es zonaras , annal. ●om . . p. ● . grimst . p. . ●●utropius , l. ● . p● . see munstericosm l n c. . throughout . zonaras ib. grimst . p. ● . and munster , l. . c. ● ● zonaras . tom. , f. . zonaras ib. f. 〈◊〉 . grimst . p. . zonaras ibid. f. . zonaras ib. f. , ● , ● . grimst . p. . zonaras ib. ● . . . grimst . p. . grim. p. . z●n●r . f. des●x aeta●e mundi . in philyppito . l , . c. ● . an. . zonaras tom. ● , f. zonaras , b●d , f. ● see zonaras . ib. f. nic●tae chroniatae , ann. les f. . munst. cosnog . l. , ● . , . muns●eri cosm. l. , c. . see bishop bilsons true difference & c● part . . p. , to 〈◊〉 . zonaras annal. tom. . f. . cuspinian● in annastatio . zonar●s tom. . f. . see ( q ) before . zonaras annal . tom. . f , , . grim. impe . hist. p , , , see mun. cos● , l. , c. , & l , , c. ● . decad. . l , . . enead , ● , ●● . b● . bilsons true diff●rence between christian subject● on and unchristian rebellion p , ● . to . nauclerus vol. genera●●o , an. . sigebext . chron. an. , aeneas s●lvius de author . rom , imperii c ▪ munst. cos●og . l , . c. ● . i● leone . decad . l. . vol ▪ ▪ gen , , an , ● . ●nead l , . annal , ●ojerum , l. . f. . anno ● . l. . c. , de author● rom , imp. c. . see av●nti●e , an , l , , f , . &c. and bishop . bilson ( z ) before iacob v●●d . de dignitate regum hisp c , . munst. cosm. l. . c , , . see speeds hist. p , ● to . the true difference between christian subiection and unchristian rebellion . part . , p. . cassanaeus catalogus glorie mu● di pars , consid . , p , , . see munst , cosm. l. , c , , and grimstons imperiall hist. grimst . imp. hist. p , , . , . . munst. cosm , l , , p , , to . see grimst . abas vspergensis , naucl●rus , rerum germanicarum scriptores , munst cosmagr . l , bp. lewels veiw of a seditious bull. and others in their lives , and iohn white his defence of the way , c , , p . to . grimst . imp. hist p , , munst. cosmog . l , , p , , herm●ld● chron : slauorum l. , c. , iean crespin le state de le glise p. . munst. cos. l , , p , , . grimst . im. hist. p , ▪ , . iean crisp. le state de le g●ise . p , . grimst . imp. hist p , . . munst. cos. l. . c. , p , , l , , p ▪ , to . grimston . p , , . cosm l. , p , , to . imp. hist. from charles the great to the end . common wealth , l , . c. . p. . . bodin com. l , , c , , p. ● , &c. cicero oratio pro rabirio , perd. reo . of the difference between christian subjection , &c. part . . p. . to . catalogu● gloriae mundi . pars . . consid. . p. . resolving of conscience sect . . . . a revindication printed at cambridge . . and other late pamphlets . cassanaeus catalog . glor●ae mundi pars . . consid . . & iacobus valdesius de dignitate regum regnorumque hispaniae passim . e. . . error , ● . fitzherbert petition . the petition of right . car●li . see ashes tables annuity . amerciament . . entr . congeable . entrusion , petition and traversedes offices throughout & habeas corpus hieron . blanc● . aragon . rerum comment . p. ● . . . . . to . prov. . . rom. . . psa. . , . exod. . . ioh. . , . rom. . , , , . tit. . . tim. . . prov● . . . deut. . . chr. . , . b. iewels veiw of a seditious bull. dr. crackenthorp of the popes temporall monarchy c. ● , , , , . cassanaeus catalogusglori● mun di pars . . cons . see b●laeus de vitis ponti●●cum . morne●● misterium , and ●ere , part . bp. iewells veiw of a seditious bull. matt paris . and speed , in king iohns life : bp. bilsons true diference , &c. part . , p , , to . saxo grammatticus hist. da●i● l , ▪ p , , . bp. bridges his supremacy of christian princes . p. ● . oratio pro deiorato rege . p. . iosephus antiqu. iudaeorum , l , , c , ● . alexander ab alexandro gen. dierum . l. , c , , f. ●● . alexander ab alexandro ibid. stra●o geogr. l , , p. , . grimstons imperiall history , p , . munsters geogr. l. , , , p. 〈◊〉 . gen ▪ hist , of france . p. ● . matth. par. hist. angl. p. , , . gen. hist. of france . p , . speed , p. , hect. boetius , l. . walsing . holins . fabian , gra●t . and others . speed , . . cambd. esiz. holinsh. stow , martin , buchanon . polit. l. . c. , p. . . and l. . c. . p. . hist l . p. . &c. polit. l. . c. . . and l. . c. , . polit. l. . c. . , , . polit. l. . c. p. ● . polit. l. . c. . p. , . hist. l. p. . antiq. rom. l. . sect . . p. . hist. l. . p. , . genial dierum . l. . c. . f. . & l. . c. . f. . de moribus gentium . see xenophon hist. graec. l. . p. & de laced , repub . p. . pol. l. . c , . commonw . l. . c. . p. . . regi in exercitu nihilrestat negotii , quàm ut rerum divinarum respectu sit sacerdos , humanarum vcro imperator , xenophon lacede . resp. . plutar. apotheg . p. . polit. l. . c. . p. . de agesil . reg p. . xeno . de lacedem . repub. p. . alexan. ab alex. l. . c. . f , . caelius rhodig , antiq. lect. l , . c. . alexan. ab alex. l. . c. . f , . caelius rhodig , antiq. lect. l. . c. . plutarch . de virtutibus mulierum , p , , . alex. ab alex , l , . c , , f , . strabo geog l. . p . al●x , ab alex. l. . c. . diod●rus siculus bibl. hist. l. . c . p. , . alex. ab ale. l. . c. f . diod. sic. bibl. hist. l. . p. . strabo geogr . l ● . p. alex. ab alex. l. . c. . munst. cosmog . l. . cap. . boe. de moribus gent. l. . c. . p. . hist. danic● , l. . p. . alex. ab ale. l. . c. , f . alex. ab ale. l. , c. . munst. cos. l. . c. . p. . munst. cos. l. . c. . p. boe. de morib . gentium . l. . p . alex ▪ ab ale. l. . c. . f. . gen. dier . l. . c. . & l. . c. . geog. lib. de meribus gentium . ind. hist. pilgrimage and voyages , merula , munst. gotard . mercator , nov. orbis . died. sicul. bibl. hist. l. . c. . p. . boem . de moribus gent. l. . c. . p. . fortes . de laud. leg. ang , c. . boem de mor. gent. l. . c , ▪ p. . bibl. hist. l. sect . . p. , , . boem . de mor. gent. l. . c. . p. , . fortes . c. . memorabi●ium , l. . p . de laced . repu . p. , . hist. l. . p. , to . munst. cosmog . l. . c. . p. bodin commonw . l. ● . c. . p. ● . apolog. adv . gentes . see liv● passim . annaliuml . . commonw . l. . c. . p. . hist. rom. l. . & . commonw . l. . c. . p. . pars . consid . , , . p. . &c. cassan. ibid. & bodin commonw . l. . c. . . l. . c. . l. . c. . commonw . l. . c. . p. . fabian . pa. . . . par . . p. . . . , . par . . p. , . , . andrew favins theatre of honor , l. . c. . munsteri cosmog . l. . c. . p. , . paulus aemylius , l. . macutus atlas , p. , . bodin commonw . l. . c. . paulus amyl l. . gaguinus and the generall history of france in his life , iean crispin lestate de leglise . . fabian , par . . c. . p. . munsters cosmog . l. . c. . . h. . f. . &c. hist. p. . , . . &c. fabian . pa. . c. . gagui . emyl . the generall hist. of france , crispin , munst. and others in his life fabian , pa. . c. . . gaguyn . emyl . the gen. hist. of france . fabian part . . c. . gag●ianus , paulus aemylius , crespin , the generall hist. of france . fabian . part . . c. , , . gag●inus , aemylius , crespin , the generall history of france , in his life , and the life of childeri●us . fabian . part . . c. , . gaguinus , aemylius , crespin , the generall hist of france . fabian . part . . c. , . generall hist. of france , gaguinus , aemylius , crespin , turpin , chronicon . chronicarum , sabellicus , opmeaneus , in the life of childericke and pipin , aventius annal. boyor . l. . an●onini chron , tit. . nu . . sect . . munst. cosmog . l. . c. . ●ish . lewels reply , p. , , . bishop bilson of christ. subiection &c. par . . p. to . blondus decad. ● . l. . nauclerus , vol. . gen . . regi . no , l. . an. . papprius masson , an. in child . p. . aynion . gest. fr. p. . annal. boiorum , l. . p. . la●●bards archaion , f. fox acts & mon. vol . edit , ult . p. . antonini chron. tit. . . n. . sect . . f. . blondus decad. . l. . sabellicus enead . . l. . gaguinus l. . in car. martel . nauclerus vol. gen . . gratian. caus. . qu. . platina in zach. . frisin . l. . c. . fabian , part . c. c. . p , . amonius degest . franc. p. . hist. l. ● . p. . though that of plinius secundus , panegyr . traiano dictus , p. . be true , quod aequiore animo ●erunt homines quem princeps parum faeliciter genuil quàm quem malè elegit . polit. l. ● c. . chron. tit . . c. . sect . . f. . of christian subiection , par . p. . fab. par . . ● . . gaguin the gen. hist. o● france . fab. par . . c. ● . grimst . ●mper . hist. p. , . gaguin ▪ the gen. hist of france , turpin antoninus , munst. crespin , papyr . masson , and others . fab. par . . c. . gaguin . gen. hist. of france . fab. par . . c. . gaguin . gen. hist. of france , herma-schedel , crispin and others . fabian . p. . c. ● , . , . gaguin . turpin , general hist. of france . fab. par . . c. . . gaguin . turpin , chron. chron. opmerus , crisp. gen. hist. fran. fab pa. . c. , . gaguin . the. gen. hist. of france . turpin thea● . of honor , l. . c. . fab. pa. . an. . p. . fab. pa. . p. , . &c. gaguin . fab. pa. . p. , . the gen. hist. of france . fab. pa. . p. , . gagu . gen. hist. of france . bodin . common●cal . l. . c. . p. . see the generall hist. of france in his life . fabian . part . . p. . , , . speeds hist. p. , , , , . halls chron. . h. . see the generall hist. of france , and gaguinus in the life of iohn . fabian . part . . p. , to . gaguinus , the generall hist. of france , in the life of this philip and king iohn . note this . so it hath been co●ceived by some , the king by law might do this in england but sir edward cooke in his institutes on magna char●a , f. . to ● . hath largely proved the cont●ary ; that the king by his prerogative and proclamation cannot alter , enhanse or abase his coyne , but in and by the parliament onely , because it is contrary to sundry statutes , it is the sinues and life of trade , and every mans estate consists in it , and so all have a common interest therein , which cannot be altered but by common consent in parliament . fabian , part . ● . p , , , . generall hist. of france , gaguin ▪ and others . fabian . part . p . se● p. , . , , &c. , , , , , . walsing●em , hist. angl p. , . fabian . part . . p. . , , , , , . the generall hist. of france● gaguin● and others in his life . fabian . ibid. generall hist. of france , p. . , , . chron. . & . . h. . hist p. . to . fabian . part . . p. , , . generall hist. of france , holingshed , fabian , walsingham , graf●on , hall. fabian , part . . p. , . generall hist. of france , hall , holinshed , speed. fabian , part . . p. . , ▪ ● . generall hist. of france . fabian . part . . p. , , , . phili. d● com. l. . c. . phili. d● com. l. . c. . note note . gen. hist. of france . p. . . gen. hist. of france . p. . to . grimst . imper. hist. p. , . not● matthew paris , p. , . the generall hist. of france , p. . to . note . generall hist. of france , , &c. & richardus dinothus de bello civili gallico religionis causa suscepto . l. , , , . speeds hist. , . k. lames answer to cardinall peron . gen. hist. of france . p. . fox acts and● mon ▪ vol. . p. . edit . u●t . gen. hist. of france , p. . generall hist. of france , p. , &c. gen. hist. of france , p. , . mounsieur daubern . the generall hist. of france , p. , , . g●n . hist. of france , p. , , , , , , , , , , , , , , , ●o . gen. hist. of france● , p. . ● . gen. hist. of france , p. . , , , , , . gen. hist. of fr. p. ▪ , . gen. hist. france , p. ▪ the continuation of the life of lewes the thirteenth , p. ● . to ● . ibib. p. 〈◊〉 . . . . 〈◊〉 . . . . ibid p. ●● ▪ ● ● , ibid p. 〈◊〉 ● . lib. . c . p. . to . note . continuation of the gen. hist. of france , p . to . ibid p. . to . see the synopsis of his life . catalogus gloriae mundi , pars . . consid. , . andrew favne thea●e of honour , l . c. . see camillus barellus de regis catholici praestantia , &c. ge●erall hist. of france , p ● . see ioannis mariana de rege & regis , iustit . l. ● . c. . p. . hieron . blanca rerum arag . comment ▪ see concil . toletanum . . surius , con. t. . p. ● . ioannis pistorius hispaniae illustratae tom. . leges wisigothorum , l. ● . c. p. : iac●bus valdesius de dignitate regum , regnorum● , hispani● , pars . . c. . p. . michael ritius de regibus hisp. l. . gen. hist. of spain , l . ● . , . part. . ● . & fox acts & mon. vol. . p. . . lib. . de ●egum , 〈◊〉 . ●●p . . p. , &c. not● . de rege & regum instit. ● . c. . the gener●ll hist. of fran●e , p. , , ● ▪ . see doctor iohn white ●is defence of the way , c. . where their words are quoted for tyranny and mis-government . the gen. hist. of france , p. , . , , , , . of christian sub●ection , &c. par . . p. ● , , . munst. cos. l. c. . p. . roderici archi●p . to●etani de rebus hisp . l. . . l. . c. ● . ● . gen. 〈◊〉 . of spa. ● rodericus toletanus de rebus hisp. l. . c. . r●der . tol. l. ● . c. , . mu●st . cos . l. . . . gen. hist. of spain . l. . 〈◊〉 cosmogr . l. . c. . p. . gen. hi●t of ●pain . censure in f. ioseph● teixerae libellū c. . to . de vera . regum portugalium geneologia , lib. in the . tom. of icannis pistorius hispaniae illustrat●e . lib . p. . i●annis mariana , de rebus h●sp . l. . c. . . see procopius , vand . 〈◊〉 l. . c. . l. ● . c. . gen. hist. of spain , l. . p. . , , , , ro●san hist. hisp● pars . in their lives , ioan mariana de rebus hisp. l. . & . gen. hist. of spain , l. . p. . . rod. sanct . hist. hisp. par● . c. . . gen. hist. of spain , l. . p. . gen. hist. of spain , l. . p. concil . toletanum ● . c. . surius concil . t●m . . p. . surius concil . tom. . p. . . mariana de reb. ●isp . l. ● . . . surius concil . tom . . p. . ● . mariana de rebus hisp. l , . c. . gen. hist. of spain , l. . p. . . rod●● . san . hist hisp. par . ● . . . surius concil . c●m . . p. . mariana de rebus hisp . l. . c. , , . surius concil . . p. , . mariana de reb. hisp ▪ l. . c. . generall hist. of spain , l. . p. . gen hist. of spain . l. . p. ● , . rod sanct. hi●● . hisp. pars . . c. mariana de rebus hisp. l. . c. . gen. ●ist . of spain , l. . p. , , rod. s●●ctius , hist. hisp. par● . . ● . . mariana de rebu● , hisp. l. . c. ● , , . 〈◊〉 , gen. ●ist . of spain , l. . p. , , rod. 〈◊〉 , hist. hisp. part . . c. . mariana de rebus , hisp. l. . ● . , , . ill●stratae , in 〈…〉 hist. tom. . p. 〈◊〉 . surius concil . tom. . p. , . legis wisigoth . l. ● . c. . p. . and l. . c●● . p . procop. vand. . amon l. ● . c. . l. ● c. . 〈◊〉 . de enc. belli ▪ l. . c. . sect. . gen , hist of spain , l. . p. ● , , , , , . mariana de r●bus , hisp. l. . gen hist. of spa l. ● . p. gen. hist. of l. . p. . . mariana de rebus . hisp. l. . c. . ioan. vasaei hisp chron. an . p. . gen. hist. of spain , l. . p. . mariana de rebus hisp. l. . , , . de rebus hisp. l. c. . li● . ● . p. gen. hist. of spain , l. . p. gen. hist. of spain , l , . p. . hyeron . blancae arog●n . rerum . com. in s●nct . . p. . gen. hist. of spain , l. . p. . gen. hist. l. . p. . to ●oan mariana de rebus hisp. l. . c. . rod. sanct . hist. hisp. pars . c . gen. hist. of spain , l. . p. , . to . rod. sancti ●ist hisp pa●s . c. . mariana de reb. hi●p l. . c. . gen. hist. of spa. l. . p. . to . . . . g●n . hist. of spain , ● , p. . mariana de reb. hisp . l. . c. ● . gen. hist of spain , l. ● . p. . . l. . p. ● . . . . ● . , . gen. hist. of spain , p. , , , . gen. hist. 〈◊〉 spain , l ● . p. . gen. hist. c● spain , l. . p. . . gen. hist. of spain , l. . p. , . gen. hist. of spain , l. . p. . gen. hist. of spain , ● . p. , , . gen. hist. of spain , l , . p. , . gen. hist. of spain , l. . p. , ● , . gen. hist. of spain , ● . . p. , . gen. hist. of spain , l. ● . p. . to . h●ero● . blanca . rer. arragon . com. p. ● . gen. hist. of spain , l. . ● . , , . rerum arragonens . comment . in pet. . p. . gen. hist. of spain , l , . p. . hyeron . blanca arrag . rerum com. in apph. . p. . . gen. hist. of spain , l. . p. , . gen. hist. of spain , l. . p. , to . gen. hist. of spain , l. . & . pass●● . gen. hist. of spain , l. . p. , , . gen. hist. of spain , l. . p. , , . gen. hist. of spain , l. . p. , , l. p. , . gen. hist. of spain , l. . p. , . gen. hist. of spain . l. . p. ● . gen. hist. of spain , l. . p. . l. . p. . which you may read at large , gen. hist. of spaine , l. . p. . . gen. hist. of spain , l. . p. . gen. hist. of spain , l. . p. , , , , , to , . dr beards theatre of gods iudgements . mariana and others . gen. hist. of spain , l. . p. . gen. hist. of spain . l. . p. to . see mr. seldens titles of honour , part chap. . pag. . to ● . lib. . c. o● l. . c. . de iure belli & pa● is , l. . c. . sect . . p. . vandal . . grotius , ibid. precopius goth. . excerpt . dionis , & gretius , de lure belli . l. . c. . ad notata sect . . p. . paulus wiarnafred l. . & . ammiannus lib. . loanicus chalcochondyles ioan , leo li. generall history of spain , l. . to . passim . solinus l. ● . groti●s de lure belli l. c. . sect . . p. tacitus de mor. germgretius ibid. dionis . hal l. . & ● . si contra foras aut libertates regnum a sepremi in suturum continger●● , alium sive sidelem , sive insid●lem regem ad 〈◊〉 endum li●er ipsi regno aditus , pa●●● et . see ioannis de laet hispan . descr. p. c. . p. . pag. , , , , to . quaest. . p. , . franco-gal . c. . p. . . de iure magist. in s●bditos , p. , . see mr. seldens titles of hon. par . . c. . sect . . p. . to . common-weal , l. . c. . l. c. . rerum vngarica ●um scriptores , nuholaus ●sthuansus de rebus vnga●ic . hist. l. p. , . eodin . de rep. l. . c . bonsinius ; decades rerum vngar carum , munst. co●mog . . c. , . respu● & status hungariae , an. . de 〈◊〉 migist . ● subditos . iohn de t●wrocz . hungar. chron. c. . p. . see grimstons imperiall history , p. chytraeus chron. saxoniae . grimston imp. hist. p. . . grim. p. . grim. p. . saxagrāuma ticus danicae hist. l. . p. . see bartholdus pontanus bohemiae piae l. . . & pauli geschinii majeas . carolina . pauli stransbii . respub . bohemioe c. . sect. . . p. . . . . munst. cos●● l. . . c. . . burcholdus pontanus bohemiae piae . l. . . gen. hist. of spain . l. . p. ● . paulus stransr●pub . bohem. c. ● . de principibus regibusque 〈◊〉 mu●●ter pontanus quis . see aeneas silvius hist. bohem. fox acts and monuments vol. . p. . to . pontanus bohemiae piae , l. . . grimstons imperial hist. p. . grimstons imperiall hist. p. . . page . to . pauli strankii resp. bohem . c. . . , . see munst. cosmog . l. . c. . . . munst. cosm. l. . c. . ● . martinus chrom●us de rebus polonorum . heylins geog. p gaguinus chytraeus , and others . david chytraeus , chron. sax. l. . p. . . . . . . grimstens imperiall history . p. . . chytraeus chron. sax. l. . p. . . l. . p. . . & l. . . &c. p. . . chytraeus chron sax l. l. . , . grimst . imp. hist. p. . . part . p. . . henrisus ranzovius , commenr . bellicut . l. . c. . common-weal . l. . . . l. . c. . danicae . hist. chytr : chron : saxoniae . munsteri cosmogr . l. . c. , , , to . iohannis magnus , hermoldi chron. slav●rum , , sac . pontanus rerum danicorum , hist. chytr . chr. sax●l . ● . p , ▪ to , , . o●aus magnus , lib. . c. . p. . de ●ure magist in sub p. ● . ●ucanon de ●ure regni apud s●otos dr b●ards theatre of gods ludgements . l. . c. . p. , . chron , sax. l , , p , , to . 〈◊〉 the oath of the king of su●den : nota. cosmog . lib. . cap. , , . gul. ne●brig . lib. . cap. . cosmog . lib. . cap , , , , . heyl. geogr. pag. , . chytraeus chron. sax. hermold . chron. slau●rum . ioannis magnus hist. goth. swedorumque . guagn . compen . & chron. chy● . chron : saxo. lib. . pag. . chyt . chron. saxo. lib. , . p. , , , , , , &c. heyl. geog● . pag. . munst. cosm. lib. . cap. . munst. cosm. lib. . cap. . mach. hist. heyl. geogr. p. , . heyl. geogr. p. , . generall hist. of spaine , lib. . p. . ioan. crespin , l'estate de leglise , pag. . the venecian history . com. lib. . . . pag. . distinct. . quest . . art. . qu. . pol●● . lib. . cap. , . variae hist. p. , , , , , , , , . see . maior hist. buchanan . rerum scot. l. . p. , . hector boetius ae rebus scoticis fordon . his scoti . chrocicon , polychronicon & fabian ; mattheus westminster . holinsheds history of scotland . buchanan . l. . p. , , , , ▪ notable dissimulation . buchan . l. . p. , , , , , , . graf●on , part p. , , part . . p. , , , , , , . buch. l ▪ . p. . . . . ▪ graft ▪ part . p. . . gra●ton par● . p. . . . . buch. l. . p. . . . l. p. . . . . . . . . . . &c. . . buch. l. . p. . to . heylins geogr p. . . bu●h . l. . p. . wal●ing . mat. westm. fabian holin . speed , graft . daniel in the life of k. edw. the . wal●ingham ypodigma p. . buchanan l. . . . . p. . . &c. . . buchanan l. . p. . to . . to . heylin p. . buch. l. . to the end of . holin . chytr . chron. saxon. l. . p. . . ● . . speed , in the life of queen mary , and queene elizabeth cambdens elizabeth , and others . see knocks his history of scotland . rerum . scot. hist. l. . . . . . . rerum scot. l. . p. . . dan. . . to . see cunaeus de repub. heb. l. , c. . ius . regiu●● heb. see steph. iunius brutus . vindic. contra tyrannos , q . p. . to . . de iure magistr . in subditos , p. ▪ . sam. ▪ , , to ▪ sam. . , . to . san. , , , . sam. . ▪ . sam. . . to . sam. . . to . king. . . to . chron. . . c. . , , , . c. . , . chron. c. . & . chron. . . to . chron. . . king. . . king. . chron. c. . v. . antiq , iud. l. . c. . antiq. iud. l. . c. . king. . . to . king. . , , , to . king. . chron. . . & . iose ius antiq i●d . l. . c. . chron. . . c. . . king. . . , . king. . chron. . ▪ king . . . chro. . ● . chron. . . king . . . d ee . ●ure ma●istratus in subditos : & ●unius brutus vindiciae contr . tyrannos qu. . . . passim . see ●●mius brutus vindic. contr. tyran . qu. . . p. . to . , , . where this is largely manifested ; & de iure magistratus in s●bditos qu. . p. . , . antiqu. iu. 〈◊〉 c. . explanat . artic. . tom. . ● . . true difference between christian subiection , &c. part . . p. , . part. p. . sam. . , . sam. . , , , , , . sam ▪ . to . sam. . . to . ps . . to . king. . . chro. c. & . & . 〈◊〉 de repub . hebr. l. . c. . . ioseph . antiq. lud l. & . paul eber . lestate de la. religion & repub. du peopl . iudaeique . kin. . . chron. . & . king. c. . & . king. . . to . king. . . c. . , to . king. c. . to . king. . . to . king. ● . . c. . . . king c. . & . king. . . kings c. , to . kin. . king . . to . king. . . . chron. ● chron. . chro. . . to . chro. . chron. . chron. . king. . & . & . kin. . , . chron. . c. . . . c. . . chron. . , to . kin. . , . chron. . c. . . . c. . . chron. . , to . deut. ● . . to . iosh ● . , to . chr. . to . sam. . . to ● . chr. c ▪ , & . chr. . . . . chr. . . to ● . chr. ● . . & . . chr. . . king. . . . chr. . . c. . . to . c. . . chr. . . . . . ezra . . nehem. . . c. . . to . deut . & . iosh. . . to . iudg. , & . chr. . . king. . . chro. , , , , . de iure in magistratus in subditos , p. . to . explanatio artic. . & lib. . epist. zuing. & oecol . f. . vindiciae contra tyrannos , quaest . . p. ● . page . to . instit. i. . c. . sect . . the true difference , &c. part . . p. , . so sam. . , . david being like to be slain by ishb●●enoh the gyant whom abishai slew . the men of david swar● to him , 〈◊〉 , thou shalt go no more out with us to battell , that thou quench not the light of israe ▪ chron. . , to . chron. . ● . . the third part of the true difference between christian subiection , &c. p. . . antique . lud . ▪ . c. . cunaeus de repub. heb. . . c. . p. . . . explanio artic. . tom oper. tiguri , . f. , . quaest. . p. , to . ● chro. . . chr. ● . . sam , . ▪ chron. . . neh. . . ier. . . ier. . & iun. ●rutus vindic. contr. tyrannos qu. . p. , ● , albericus gentilis de i●re belli l. . c. . p. . ps. . , . ps. . . ps. th● oug●o●t . sam. . . king. . . . chron. . . chron . . chron. . . to . ezra . &c. neh. . . c. . . to the end . isay . . c. . . c. . . sam. . . ezek ▪ . , . isay . . c. . , . zeph. . mi●● . . . to . ezek. . . to . isa. . . to . object . . com. in ps. . & epist. ad rusticam . in psal. . in psal. . grotius de iure belli & pacis , l , . c. . sect . . p. , . answ. sam. . . chron. . . deut. . . . ezek. . . . prov. . . cor. . ● . see grotius de iure belli , l. . c. . s. . marius salamonius de principatulib . rebuf praesat . ad rubr de collationibus , p. . in ps. . marlorat . mollerus , musculus , calvin , bredenbachus , brentius bucunus , brero , bugenhag . fernerius , haymo , gu●lter , roll●c , savanoerola , scul●etus , oilbert cognatus , westhemerus , zegodinus wolfg. seberius in psal. . rom. . . . . c. . . ● . . . c. . . cer. . . ioh. . . sam. . . to . sam. . & . , . psal. . . psal. . , . see de lure magistratus in subditos . p. , . isay . . rom. . . . sam. . psa. . ● , , . hugo grotius de lure belli & paci●● . . c. sect . ; p. . object . answ. . antiqu. iud. l . c. . sam . p s. . . pro. . isay. . . . chron . . exod. . . deut. . . king. . to ● . antiqu. iud. l. . c. . . observ. . ● p ▪ . , . part. . p. , . part . p. ● , to . herod . l. . cicero , l. . offic ▪ livius , l. . see here , par . p. . to . analas gilly . observe . . num. ▪ , . peneg . tr●ian di●tus ▪ barclay l. ● adver . monarc● c. . l. . c. . . quoted by grotius . vindi●iae contr. tyrann●● printed . quaest. . p. . ▪ to . gen. . . dan. . . dan . . hotomani franco-gallia , c. . gen. . and . har. p. ● . esther . arist. p●li● . l. . c. . & . . c. . herodian . l. . in orat maximi & albi●a●l milites . sp●●●ulum saxonicum . a●monius , l. . c. . in ca●olo caluo . s●e holomani franco gallia , ● . , , ● . &c. p. ●il●us . sam . inst quibus ●mod . in patriae ●ot solvitur . reuatus , ●happinus . aimo i●ius . caesar , l. . & . de bello gallic● . note . note . note . l. proponebatur , . d. de iud●ciis , l. quires suas . parag● . ult . de solation l●inter stipul . . parag . sacram. d. de verbor ▪ oblig . v●pian . de reg. iuris , l. . observ. . in his speech in parl , in his works , p c a collection , &c. p. , , and elsewhere . l. c. . l. . c. . l. . c. . c. . to . see cooks epist. to the . report . & calvins case . par . . & . fox act ▪ & mon. edit . . in one vol. p. . from henry the eight and his councell . ponet . p●lit . government . p. . dolman . p. . and others . plinius . panegyr . traiano , dict eccardus , de lege regia . in philos●rato , l. s & eccardus de l●ge regia . dionys. hall car . l. ▪ eccardus de lege regia ▪ iunius brutus p. . observ. . ioannis maior distinct. . qu. . lau. bochellus decreta eccles. gall. l tit. . c. . p. ▪ vindicae contra tyrannos ▪ qu . p. ● ▪ , . innoc●ntius ad regen . tarrat . in c. quando de iure iurando . observ. . observ. . see h●nricus bocerus lib. . de duello , c. . . that the civill law concerning iusts , is contrary , yet the ca●●● law prohibiting iusts , upon● pain of excommunication , accords with the common ▪ law. observ. . part. . p. ● . part . . p. ● . to . rom. . f. . ● . and trans●●i●in m. seldens titles of honour , first part. chap. . p. , . l●bene a zenone c. de●quad . praest . l. vivis , de quaest . mag. l. c. l. fiscus d. de iure fisci . l. cum servis . to ●lt . d. de leg. ● . l. vniversi x. l. seq . c de fundo pa●rimon . rom. . pliny , l. . c. . archid. in can. si quis romipetas & peregr . . qu. . baldus in c. . sect . commen . de paceiure infir . l. . d. ne quid in loco pub . viarum l. magis puto d. de rebus eorum . iuvenal . king. . & . postellus l , . de rep. t●r. gen. . sleiden ▪ l. . & bulla aurea . l. . & passim , c ▪ de com. rev. alienat . nauclerus in chron. gen. . c. int●ll●cto de i●●reiurando in decret . polydor virgil. in cod hispan . par . . consent ▪ . papon ar●stor . l. . tit. . art . . paragr . . & . legis regiae latae . ● . aimoi &c. aimoi . l. . ● . ● . l. petr. . parag . praedsumi . d. de oy . . an. . . ● . arestis●curiae . ● ● . paulus aemil. l. . an. , , , , . , . an . an. . & . an . monstr●let c. . l. liber homo . d. de verbo . obligat . l si emp. . § ▪ d. de contra . emp. l pe●c ▪ de oper●libert . an lex sit regni usis fructuarius ? monstretus in carolo . ex concil . valent . in c. de his quae sinit . a prelatis absque conscapit . florus l. . 〈◊〉 l. . tacitus l , . volater●m , 〈◊〉 greg. . king c. . chron. . . l. . paragr . ius rei . d. de administ . rer . ad cui . part . t. luter . d. de admin . tutor . l. si fundum . parag . fi tutor d. depositi & express . extrauag , dere iudicat c. intellecto , l. . & passim . c. de interdict . com. rer . alien . part. . p. . . observ. . part. . p. . to . . deut . l sa. . . sam. . . chron. . . king. . . & . chron. . . king. . . xenoph. lib. 〈◊〉 . xenophon . de repub. lacedaem . dionys. ha●●●car lib. . see eccardus de lege regia & marius salamonius de principatu l. . where this law is recorded . speculum saxon , l. . art . . see descript. coronations maximiliani lmper an. . in rerum germ. scrip . tom. p. . see po●ti●ical romanum rome . f. . . mr. s●dens titles of hon. par . . c. . p. ● . to . se● bochellus . decreta eccles . gallicanae l. . tit . . c. . & mr. seldens titles of hon. par . . ●b . . p. ●● ▪ ● . see hotoman . franco-gallia ● . . . . de iure magist . in subditos , , . s●e the french hist. in his life . bodin commonw . l. . c. ● . p. . . in annal ▪ burg. in concil . tol. . c. . & tol. . l. . feud . tit . . par . . la ioyeuse en●●r . ludovic . guie . l. . d de pact . l. non minorem . d de transact . lib. . feudor . . . § . a. lit . . dionys. hal. l. pag. . . cor . . cic. . 〈◊〉 . see meteranus belg. ●rist . l. . the edict of the generall estates declaring the king of spaine to be fallen from the seigniory of the netherlands . see meteranus and others . note . the forme of the oath of abjuration of the king of spaine . observ. . de jure magistratus in subdito . p. . . . hugo gr●tius de iure belli ● ▪ . c. . s . p. . ecc●es . his●● . 〈◊〉 . c. . euseb. lib. ▪ vita constan. & ecclesist ▪ hist. l. . . . socrat. scholast . hist. l , . sozomon . niceph. call. eccles . hist. l● . c. . . . . . grimsion eutropius zonara sabellicus valatera●us in the lives of constantine maxim●nus and maxentius . operum , au● verpiae . . tom. . f. . valerius maxim . l. . c. . not● in tractat. de tyranno , & in tract . de reg . civit. bartolus tract . de guelphis & gibell ang. l. . §. cum igitur d. de vi & viar . thom. aquinas in . ● qu. . art. . in fine l. . d. ad leg . iul. magist . cit. parid . l. . d. dereg . iur. v●p . l. . d. de adm . & peric . tut. & curat . l. . d. eodem . l. . d. de admin . & peri● . tut . l . de suspect . tut . & cur . l. . & . d. de admin . & peri● . tutor . & curat . iudg. . chron. . & . august . l. . . de civil . dei c. . see hotoman . francogallia . c. . to . froissard . l. . c. . & seq● . ant. de but. consil. quod positum inter consil . paul. de castra vol. antiqu . nu in●cip . viso puncto . martini . laudensis in tract . de cardin in . qu. . phil. de in : quodam consilio , cujus verba f●erunt andr. barbar . in d. cons. . l. . c. . bald. in l. olim. col . peri. de rescri . in decretal . bonifac . . de mai. & obed . plato . l. . & . de repub. l. . & l. omne delictum . sect. ult d. de re milit . c. nullus in carthagin . concil . doctores pentificii . l. . d. de administ . & perie . tutor . & cur . l. . d. desuspect . tut . & curat . macca● . lib. i. ● . . v. . iustin. l. i. diodor. l. . c. . l. . c. de seditiosis . l. l. l. . d. de autor . & consil ▪ tutor . & curat . seneca l. . de benefi● . iohn . v. . eccles. . object . . chassanaeus in con●ue , tud burg. rebuffus ad constit . reg. tom. . & bene●ic . ante vac . art . . bodin . de repub . l. . c. part. . p. . to . rom. . , , , , , . prov. . . . part. . p. . . eph. . . cor. . . c. . . cor. . . c. . . tim. . . see ( f ) ragister . pars . f. . . . . . . . . . . pars . . , . . , . pars . f. . . . . . . . fitz. nat. bre. . willielmus dei gratia eliensis ●pisc . &c. mattheus pars. p. . proaem . relect. in leg . taurin . . object . . see mr. seldens titles of honour , part. . c. . sect . . part. . p. . to . part. . p. . . petrus cunaeus de republ . hebrae . l. . c. . pontif. & ceremoniale romanum . ad tit. de stat ho● . l. . de imp qu. . & . de potest . regia . part . . sect. . moral . iustit . pars . ● . c. . catalogus gloriae mundi , p. . consid. . see mr. seldens titles of honour , part . . c. . sect. . titles of honour , part . . c. . sect. . see selden , ibid. p. . . decreta eccles . gal. lib . tit. . c. . , , , , . mr. selden ibid. p. . . ibid p. , , . tho. walsingham . in . initio , h. . see selden . ibid. p. . titles of honour , part . c. . sect. . de republ. hebrae . l. . c. . rerum anglicarum , l. . c. . see saxo grammaticus dan. hist. l. . p. . notes for div a -e 〈◊〉 chronico iacobi congshumi , & germaniae historicorum . tom. . p. . ● , . observ. . interest of princes . p. . & . see grimstons hist. of the netherlands l. . p. . &c. . speed p. : to . . . vindiciae contr . tyrannos . qu. . p. . &c. chron. c. . king ▪ . . chron. . . ▪ . & . sozom. l. . e. numb . . josh. . . deut. . . judg. . sam. . . amos . judg. . & . sam. . numb . . matth. . august . in psal. . a●br . l. . de offic. gratian. in decret . gicero l. & ● . offic. diodor. sic. l. . c. . thu●yd . l. . object . answ. pompon de reglur . leg . . cic. . offic. ci● . lib. . offic. ioan. avent . in anal. boyor●n . see speed & 〈◊〉 history of queen eliz. metarenus and grimstons histories of the netherlands . the noble acts of prince maurice of ●assau , and the bils of subsidies in qu. eliz. king iames , & king charles his reigne . tim. . . a necessary and seasonable caution, concerning elections this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a necessary and seasonable caution, concerning elections l'estrange, roger, sir, - , attributed name. sheet ([ ] p.) s.n., [london : ] anonymous; attributed to roger l'estrange. place of publication from wing. annotation on thomason copy: "march . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . church of england -- government -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a necessary and seasonable caution, concerning elections. [l'estrange, roger, sir] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a necessary and seasonable caution , concerning elections . the miserable dissettlement of this nation , arising principally from abuse of trust , practised by those persons , whom we chose to represent the people ; it concerns us now at last , to provide warily against future inconveniences , by a more diligent examination , and knowledge of those we elect for the time to come . we find the nation impoverished ; the government both of church and state dissolved ; and all the supports of a publique magistracy devoured , by those very people , who instead of freeing us from small and few miscariages , have notoriously exercised over us ( themselves ) the greatest oppressions imaginable . for prevention of the like evils hereafter , we are to be very wary how we chose ; — . such persons as preach without a call , and deliver the delusions of satan , for the inspirations of the holy spirit ; ( we may know the tree by its fruits . ) . such as either out of fear , or interest , sacrifice the publique good to passion , or benefit , shifting from party , to party ; this day , for the king and parliament ; the next , pensioners to the protectour ; the third for the rump ; the fourth , for any thing that comes next . under this notion , i comprize such as make use of a parliament-privilege to elude creditours , to detain ill-gotten possessions , and to put themselves out of the reach of the law ; thereby hindering the due course of proceedings against them . . and lastly , take heed of choosing any persons that have already falsified their trust , — by engaging in illegal close committees : — in any relation whatsoever of malice towards the late king — in purchasers , or sellers of the publique revenues : — in vsurped impositions upon the people . in short , such , as have at the price of an universal ruine , enriched themselves ; and layd the foundations of their new babel , in sacrilege , perjury , murther , and treason . this may suffice for a caution to all such , as are not resolved upon beggery , and bondage . his majesties gracious message to both houses of parliament sent from nottingham .august , by the earles of southampton, and dorset, sir iohn culpeper knight chancellor of the exchequer, and sir william vuedall knight. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties gracious message to both houses of parliament sent from nottingham .august , by the earles of southampton, and dorset, sir iohn culpeper knight chancellor of the exchequer, and sir william vuedall knight. england and wales. sovereign ( - : charles i) sheet ([ ] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at york : . reiterates the king's desires for peace with parliament. to avoid further misunderstandings, proposes that fit persons may be authorized to treat with persons selected by him to settle the affairs of the kingdom in dispute. if this is rejected throws the blame on them of all bloodshed. -- steele. with engraving of royal seal at head of document. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no his majesties gracious message to both houses of parliament, sent from nottingham . of august . by the earles of southampton, and dors england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit his majesties gracious message to both houses of parliament , sent from nottingham . august . by the earles of southampton , and dorset , sir iohn culpeper knight chancellor of the exchequer , and sir william vuedall knight . we have , with unspeakable grief of heart , long beheld the distractions of this our kingdom ; our very soul is full of anguish , untill we may find some remedy to prevent the miseries which are ready to over-whelme this whole nation by a civill war . and though all our endevours , tending to the composing of those unhappy differences betwixt vs and our two houses of parliament ( though pursued by vs with all zeale and sincerity ) have been hitherto without that successe we hoped for , yet such is our constant and earnest care to preserve the publike peace , that we shall not be discouraged from using any expedient , which , by the blessing of the god of mercy , may lay a firm foundation of peace , and happinesse to all our good subjects . to this end , observing that many mistakes have arisen by the messages , petitions , & answers betwixt vs and our two houses of parliament , which haply may be prevented by some other way of treaty , wherein the matters in difference may be more cleerly understood and more freely transacted , we have thought fit to propound to you , that some fit persons may be , by you , enabled to treat with the like number , to be authorized by vs in such a manner , and with such freedome of debate as may best tend to that happy conclusion , ( which all good men desire ) the peace of the kingdom . wherein , as we promise , in the word of a king , all safety and encouragement to such as shall be sent unto vs , if you shall chuse the place where we are for the treaty , which we wholly leave to you , presuming of the like care of the safety of those we shall employ , if you shall name another place ; so we assure you and all our good subjects , that ( to the best of our understanding ) nothing shall be therein wanting on our part which may advance the true protestant religion , oppose popery and superstition , secure the law of the land ( upon which is built aswell our just prerogative as the propriety and liberty of the subject ) confirme all just power and priviledges of parliament , and render vs and our people truly happy by a good understanding betwixt vs and our two houses of parliament . bring with you as firme resolutions to do your duty , and let all our good people joyn with vs in our prayers to almighty god for his blessing upon this work . if this proposition shall be rejected by you , we have done our duty so amply , that god will absolve vs from the guilt of any of that blood which must be spilt . and what opinion soever other men may have of our power , we assure you nothing but our christian and pious care to prevent the effusion of blood hath begot this motion . our provision of men , arms , and money , being such as may secure vs from further violence , till it please god to open the eyes of our people . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . die mercurii, . may . resolved upon the question by the lords and commons assembled in parliament, that all and every the ministers throughout the kingdoms of england and ireland, dominion of wales and town of bewick upon twede, do and are hereby required, and enjoyned, in their publick prayers, to pray for the kings most excellent majesty, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii, . may . resolved upon the question by the lords and commons assembled in parliament, that all and every the ministers throughout the kingdoms of england and ireland, dominion of wales and town of bewick upon twede, do and are hereby required, and enjoyned, in their publick prayers, to pray for the kings most excellent majesty, ... england and wales. parliament. sheet ([ ] p.) printed by john macock, and francis tyton, printers to the house of lords, london : . title from caption and opening lines of text. "all ministers to pray for the king, james duke of york, and the rest of the royal progeny. ministers are to give thanks for the king's letters to both houses, the commanders-in chief, and the lord mayor, &c. on the day of thanksgiving, thursday next. on thursday fortnight, they are to read the letters and declaration from the pulpit." -- cf. steele. order to print dated: die mercurii, . may . signed: jo. browne, cleric. parliamentorum. annotation on thomason copy: "may ". reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . england and wales. -- sovereign ( - : charles ii) -- early works to . church and state -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii, . may . resolved upon the question by the lords and commons assembled in parliament,: that all and every the ministers t england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit die mercurii , . may . resolved upon the question by the lords and commons assembled in parliament , that all and every the ministers throughout the kingdoms of england and ireland , dominion of wales , and town of berwick upon twede , do and are hereby required , and enjoyned , in their publick prayers , to pray for the kings most excellent majesty , by the name of our soveraign , lord charls , by the grace of god , of england , scotland , france , and ireland king , defendor of the faith , &c. and for the most illustrious prince james , duke of york , and the rest of the royal progeny . resolved upon the question by the lords and commons assembled in parliament , that the ministers who are appointed to officiate before both houses upon thursday next , being the day appointed for a publick thanksgiving , and all other ministers within the cities of london and westminster , and the late lines of communication , who in their several churches , and chappels , are to carry on the duties of that day . and also all other ministers who are on that day fortnight to perform the like duty throughout the kingdome of england , and dominion of wales , and town of berwick upon twede , shall be , and are hereby enjoyned to return thanks to almighty god for his majesties several gracious letters to both houses of parliament , and to the commanders in chief of the forces both by land and sea , and to the lord mayor , and common-council of the city of london , together with the declarations enclosed , and the iust and honourable concessions therein contained , and for the hearty , loyal , and dutiful conjunction of the lords and commons now assembled in parliament , and the vniversal concurrence of all the commanders and forces both by land and sea , to receive his majesty into his dominions and government , according to their bounden duty , and the laws of the land ; and that the ministers upon thursday fortnight be enjoyned to read his majesties letters and declarations to both houses in their several churches and chappels at the same time . die mercurii , . may . ordered by the lords in parliament assembled , that these resolves be forthwith printed and published . jo . browne , cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , . the case of robert balch of bridgwater gent., sitting member of parliament for the borough of bridgwater, in the county of sommerset, petitioned against by john gardner of london merchant. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of robert balch of bridgwater gent., sitting member of parliament for the borough of bridgwater, in the county of sommerset, petitioned against by john gardner of london merchant. balch, robert. sheet ([ ] p.) s.n., [london : ] caption title. publication data suggested by wing. dated at end: to be heard before the committee of elections on friday the nd of december, . reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng balch, robert -- trials, litigation, etc. gardner, john, th cent. -- trials, litigation, etc. england and wales. -- parliament. -- house of commons -- contested elections -- early works to . elections -- corrupt practices -- england -- bridgwater -- early works to . bridgwater (england) -- politics and government -- th century -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of robert balch of bridgwater gent. sitting member of parliament for the borough of bridgwater , in the county of sommerset , petitioned against by john gardner of london merchant . that the said borough of bridgwater did for a long time , viz. from the latter end of the reign of king james the i. elect and choose members in parliament by the common council consisting of twenty four till the year . that from that time the manner of election of members for the said corporation hath been changed on a dispute between sir francis roll and colonel ralph stawell for the right of electon which was heard before a committee of parliament . where sir francis roll , who was chosen by the inhabitants paying scot and lot , was voted duely elected , that ever since that method of electing hath been used , viz. by the voices of all the inhabitants within the said borough , that at the time of election stands rated and paid on the poors book , and no other votes allowed , nor never till now attempted , as can easily be made out by the election of sir francis roll , colonel stawell , sir halswell tynt , sir francis warr , and others . that on the death of mr. bull the last member , a writ issued out for choosing another in his room and place , and due notice was publickly given of the time and place of execution of the said writ , and the court being assembled in the guild-hall , where mr. gardner the petitioner was present ; the mayor and aldermen called for the overseers of the poor , ( one of whom was for the petitioner , ) and appointed them , ( one with the original book , and the other with a duplicate thereof ) to attend the election at the high cross to decide any difference that might arise on the election . that this poors book was made in the life time of mr. bull , and was no way altered nor any person added or diminished . that accordingly the election began , and a poll prayed and taken by two indifferent persons agreed on . that none but those who were and stood charged in the poors book , and had paid , attempted to poll till towards the end of the poll. that the petitioner ( who all along kept an account of the number of the voices and the equallity ) finding that his number of voices was inferiour to mr. balches , he thereupon procured some persons who were not charged in the poors book to poll for him , but were refused , on which he grounds his petition . that proclamation was several times made , and the books continued open for some considerable time after , and none qualified to vote coming in , the poll was shut up and adjourned back again to the guild-hall , where were two persons of each side agreed upon to inspect the poll , and on casting up the said poll , the majority of voices were found to be for the said mr. balch , who was thereupon declared and returned by the mayor of the said borough . to be heard before the committee of elections on friday the d . of december , . by the lord lieutenant general, and general governour of ireland ormonde. whereas we are informed, that divers officers of his majesties army in this kingdom do absent themselves from their respective commands without our licence, ... proclamations. - - . ireland. lord lieutenant ( - : ormonde) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the lord lieutenant general, and general governour of ireland ormonde. whereas we are informed, that divers officers of his majesties army in this kingdom do absent themselves from their respective commands without our licence, ... proclamations. - - . ireland. lord lieutenant ( - : ormonde) sheet ([ ] p.) printed by john crooke, printer to the kings most excellent majesty, and are to be sold by sam. dancer, bookseller in castle-street, dublin : . title from caption and opening words of text. "given at his majesties castle of dublin, the . day of may, .". "officers to repair to their quarters"--steele. steele notation: offi- guarrisons [sic] army,. reproduction of the original in the national library of ireland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- early works to . ireland -- history -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lord lieutenant general , and general governor of ireland . ormonde . whereas we are informed , that divers officers of his majesties army in this kingdom do absent themselves from their respective commands without our licence , which may tend very much to the disadvantage of his majesties service : we do therefore hereby command and require all officers of his majesties army , that are absent from their charges without licence from us , as aforesaid , forthwith to repair to their respective guarrisons and quarters , and all others who are absent by licence from us , and now in this kingdom , to return to their several commands within ten days next after publication hereof , notwithstanding such licences ; and that no officer do hereafter depart from his command without leave first obtained from us or other the chief governor or governors of this kingdom in our absence : and we do hereby declare that if any officer shall neglect to repair to his duty as abovesaid , or shall afterwards depart from the same but by license , as aforesaid , that such officer shall be dismissed from his imployment in his majesties army , whereof we require all persons concerned to take notice . given at his majesties castle of dublin , the . day of may , . g. lane . god save the king . dublin , printed by john crooke , printer to the kings most excellent majesty , and are to be sold by sam. dancer , bookseller in castle-street , . a publike declaration and solemne protestation of the free-men of england and wales, against the illegall, intollerable, undoing grievance of free-quarter. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a publike declaration and solemne protestation of the free-men of england and wales, against the illegall, intollerable, undoing grievance of free-quarter. prynne, william, - . [ ], , [ ] p. s.n.], [london : printed in the yeare. . anonymous. attributed to william prynne. place of publication from wing. annotation on thomason copy: "feb: th"; the in imprint date has been crossed out and date has been altered to . reproduction of the original in the british library. eng england and wales. -- army -- barracks and quarters -- early works to . soldiers -- billeting -- england -- early works to . a r (thomason e _ ). civilwar no a publike declaration and solemne protestation of the free-men of england and wales,: against the illegall, intollerable, undoing grievance prynne, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a pvblike declaration and solemne protestation of the free-men of england and wales , against the illegall , intollerable , undoing grievance of free-quarter . printed in the yeare . . a publike declaration and solemne protestation of the freemen of england and wales , against the illegall , intollerable , undoing grievance of free-quarter . we the knights , esquires , gentlemen , freeholders , citizens , burgesses , and freemen of the realme of england and domion of wales , do hereby publikely declare , remonstrate and protest to the honourable houses of parliament , the army and souldiery and all the world , that the keeping up of an overnumerous burthensome army , since the warres determined , and their forcible entring into our houses , taking and eating up our provisions for horse and men , and free-quartering upon us , against our wills , to our ineffable vexation , oppression , and undoing ( especially in these times of extraordinary dearth , samine , and decay of trade ) is an expresse high violation of our fundamentall lawes , rights , properties and liberties , in the late just defence whereof against the king and his malignant party , we have spent our estates , blood , and hazarded our dearest lives in the field ; a direct breach of magna charta c. . and . ( purchased with so much noble blood of our ancestors , ) prohibited by the a satutes of . e. . c. . . e. . c. . . e. . c. . . e. . c. . . e. . c. . . e. . c. . . e. . c. . . e. . c. . . . . r. . c. . . h. . c. . . h. . c. . . h. . c. . . . h. . c. . which declare and enact the taking away of our provisions and goods of any sorts without our consents , agreeing with and paying us for them , even by purveyours authorized by law and commission to be no lesse then felony , ( much more then when taken by officers and souldiers authorized by no law nor commission , under the great seale to doe it ) and contrary to the very letter of the petition of right , . carols , which declares the quartering of souldiers and mariners upon the kings people against their wills in their houses to be against the lawes and customes of the realme , and a great greivance and vexation to the people , and enacts , that they shall not be burthened therewith in time to come . we likewise further remonstrate , that king richard the second in the parliament held at westminster anno . h. number was among other things impeached and deprived of his crowne , for raysing a guard of cheshire souldiers and quartering them as his court to over-awe the lords and commons assembled in parliament at westminster in the . yeare of his reigne , to vote what he prescribed them , and to put the power of the whole parliament into the hands of a few lords and commons of his party ; which b souldiers did assault and beat the kings good subjects , and take from them their victualls against their wills , and payd therefore little or nothing at their pleasure , and not redressing the same upon complaint to their great oppression and discontent . that the whole house of commons this present parliament in their c remonstrance of the state of the kingdome december . . ( published by their speciall order ) declared . that the charging of the kingdome with billited souldiers heretofore ( complained of in the petition of right ) and the concomitant designe of german horse , that the land might either submit with feare , or be enforced with rigour to such arbitrary contributions as should be required of them was a product of the jesuites , councells of jesuites , papists , corrupt prelates , courtiers and counsellors to enslave the subjects and deprive them of their just liberties . and that both houses of parliament and the king himselfe upon the house of commons impeachment d attainted , condemned and executed thomas late earle of strafford , lord duputy of ireland for high treason by a speciall bill this parliament , for quartering and sessing souldiers upon the kings subjects in ireland , and levying forces and moneys on them by officers and souldiers of the army against law , by billeting on them till they were payd , ( declared to be a levying of warre against the king and his people , and so high treason within the statute of . e , . for which he lost his head on tower hill ) contrary to the statute of . h. made in ireland , ch. . which enacts ; that , no lord , or any other of what condition he be , shall bring or lead hoblers , kearnes , or horded men , nor any other people nor horses to lie on horse back or on foot upon the kings subjects without their good wills and consents : but upon their owne costs , and without hurt doing to the commons of the country ; and if any so doe , he shall be adjudged a traytor . and the statute of kilkenny in . e. . c. . . which enacts and declares it to be meer felony and open robery for any kerne , to live idle on the tenants , farmers and poore people of the country , or to take any prises , lodging or sojourning from them against the consent of the owners , or paying and agreeing with them for the same . we doe moreover further declare , that by the very e statute and common law of the land , every mans house is and ought to be his castle ; which he his servants and friends may lawfully defend against all who shall forcibly , and illegally attempt to enter it against his will ; and justify the killing of any who shall violently assault the same or enter it feloniously against the consent , which to doe is burglary , and a capitall offence and that every subject , may by the common law defend his goods with force and armes against any who shall illegally offer to take them away , against his consent and not paying for them which to take is direct robbery and felony for which the party taking them ought to suffer death and that the owner and his servants may lawfully justify the beating and killing of such theives in defence of their goods ; and may assemble his neighbours and friends to defend his house and goods against such violence . which and 〈…〉 rights and priviledges of ours , both houses of parliament , in above thirty remonstrances , and by their solemne league and covenant , have promised and are daily engaged , under paine of breach of faith , honour , trust , oath , and the highest disreputation , inviolably to maintaine . yet notwithstanding all the premises , the generall and officers of the army have ever since the votes of both houses for the armies disbanding in aprill and may last , not only doubly recruited their forces farre above their first establishment when the king had two armies in the field , and many strong garrisons , without the houses order or privity , but quartered them upon us in our houses against our wills , and the lawes and statutes aforesaid , to the utter undoing of many thousands of us , not paying us one farthing for their quarters out of the many months pay they have since received ; but insteed therof have levyed treble their pay upon us , under colour of freequartering and compositions for it , the horse enforcing us to pay them . . and . shillings a weeke , and the foote , . . . . . and sometimes . shillings a man towards their quarters , and yet take quarters upon us and others , and sending fresh quarterers on us as soon as the former are removed : which we here protest and declare to be direct burglary and felony in them , and no lesse then treason in their chiefe officers , and a levying of warre upon us , by this present parliaments resolution in the earle of straffords case : for which we must now crave reparations and justice against them , and satisfaction for all the quarters thus forcibly taken on us ; being resolved to pay no more taxes towards the army , till all our quarters , and the mony raysed and extorted from us for compensation of it , be fully satisfied . and seeing divers officers and souldiers of the army , notwithstanding the late ordinances of both houses against free-quarter , and their and the generalls and officers engagements published in print , that upon our paying in of six moneths contribution towards the army upon the sixty thousand pounds tax , ( principally intended for ireland , but now wholly monopolized by the army ) no officer nor souldier should after the . of january take free-quarter upon us under paine of death , against our wills , which notwithstanding they doe in many counties , which have payd in their six moneths contribution , refusing to obey the parliaments orders , and protesting they will take free-quarter notwithstanding , and forcibly breake into our houses , and take away our provisions with more insolency then before : wee doe here publikely remonstrate , and protest against this dishonorable breach of faith and promise , and this intollerable oppression , and cheating of us to our faces ; and demand open and speedy justice and reparations for the same , from the houses and generall ; and doe require and enjoyne all our knights , citizens , and burgesses ( who are our substitutes , and derive f all their authority and commission from us , whom we have authorized only to maintaine our just rights , liberties and properties , not to invade or betray them ) as they will answer the contrary at their perills to the kingdome , and the respective counties , cities and burroughs , for which they serve , to right themselves and us ; and make good the houses and their own promises to us herein ; otherwise we are resolved never to trust , nor believe them more , and to disclame them for our trustees or representatives in parliament for the future , for breaking of their trusts , and disobeying our instructions . and because the quartering of souldiers in our houses against our wills , against the houses and generalls engagements , is such an intolerable grievance and vexation , as utterly deprives us of the freedome comfort , and command of our own houses , wives , children , servants , beds , stables , bread , heere , provisions for horse and men , which are all exposed to the arbitrary commands of every base dominiering , deboist and insolent souldier and officer , who command all we have , and may cut our throats at pleasure every houre in our own houses , where we cannot sleep nor remain secure , & now renders our condition worse then any turkie-gally-slave , undoing and enslaving us at once , even to those who were once our servants , and now become our lords and tyrants over us , who doe nothing but pick quarrels with us , and will be content with no ordinary provisions , purposely to extort compositions from us in money , above double and treble their pay : whereby they grow rich , and the whole kingdome poore , even to extremity , all trading being now utterly gone and decayed by reason of free-quarter and excessive raues daily multiplyed , which ingrosteth all the treasure of the kingdome , whereby trade should be supported and the poore employed ; who are now upon the point of starving , and are ready to rise up and mutiny in city and country for want of bread and employment ; whiles many thousands of strong lusty boyes , youths , souldiers , and their horses ( whose labours might much enrich the common-wealth ) lye idlely like so many drones and caterpillers upon us , taking both pay & free-quarter too for doing nothing , but eating , drinking , swearing , whoring , stealing , robbing , and undoing us , and the realme too : we doe here publikely protest and declare , against allowing any more free-quarter to any officers or souldiers on us for the future as such an intollerable and undoing grievance , as we neither can nor will any longer undergoe ; and that if any of them shall hereafter , against our wills , forcibly enter our houses , or take away or devoure our provisions and goods ( as they have injuriously and feloniously done for many moneths last past ) wee are unanimously resolved to proceed against them for it , as burglairs , theeves and felons , and to defend our houses and goods , against them with force and armes , with the hazard of our lives ; resolving rather to die free-men , then live any longer slaves , especially to those who have been our mercenary servants , and pretend they have hitherto fought and continued in armes together by their own authority , almost a full year against both houses votes for their disbanding , of purpose ( as they pretended in their printed declarations , though we find it otherwise ) to make us absolute free-men ; whereas we feele and discerne by wofull experience , that their designe is quite contrary , even to make us , the king , kingdome and parliament no other then conquered slaves , as many of them stick not to terme us to our faces , who dare not be any longer accessories and contributors to our owne and the kingdomes imminent ruine , bondage and captivity in the least degree against our right and covenant , and will no longer sit still , like so many tame silent fooles , and conquered slaves , whiles they put new yoakes of bondage on our necks , and fetters on our feet , to inthrall us to a more intollerable arbitrary power and tyrannie , then ever the king or his cavalliers intended in england , or strafford himselfe in ireland ; and rule us only by the sword and martiall law ; and our very knights , citizens and burgesses , representing us in parliament , whom they impeach , suspend , expell the house , and over-awe by their power , new guards and garrisons put upon them , and the lords house too , at pleasure , so as they neither can , nor dare to doe us that right , ease and reliefe against the souldiery , as otherwise they would , and are bound to doe , being enforced daily to passe new ordinances of indempnity from them , even for their very felonies , burglaries , plunders and murthers too , for which they must not be questioned , which encourageth them now to commit the like offences with greater boldnesse then ever , in hopes of the like indempnity for the future , as they have forcibly obtained for what is past . our (g) historians record that in the reigne of king egelred the danish souldiers exercised such pride and abusive oppressions over the people in england , on whom they quartered , that they caused husband men to doe all their vile labour , and the danes held their wives in the meane time at pleasure , with daughter and servant : and when the husband-man came home he should scarsly have of his owne as his servants had so as the dane had all at his commandement and did eat and drinke his fill of the best , when the owner had scant his fill of the worst . and besides this , the common people were so of them oppressed , that for feare and dread they called them ( in every such house as they had will of and quartered in ) lord dane , which so vexed and discontented the people , that by secret commission , from the king directed to all the good towns , burroughs and cities of the land , they were on st. brice day , at a certaine houre assigned , all suddenly assaulted , and slaine by the people , every mothers sonne of them throughout all england : this slaughter of theirs beginning in hertfordshire , at a little towne called welden , for the which deed it took the first name , because the weale of that county ( as it was then thought ) was there first won . and the sicilians did the like to the dominiering french forces , who oppressed them with their insolencies and free-quarter , cutting all their throats in one evening , and so freeing their countrey from captivitie . truly our condition now under the lording army and souldiery hath been and yet is altogether as bad , if not worse in many places , then our predecessors was under their free-quartering lord danes , or the sicilians under the french forces : and we heartily wish it may not now produce the like tragicall and bloudy effects , which pure necessity will enforce the malignant and poorer sort now ready to starve , and the very best friends to the parliament unto , for their own selfe preservation and defence , as we may justly feare , if not timely prevented by the houses and generalls strict care and discipline , in making good their engagements to us , wherein they have hitherto failed , and speedily reduce the army to such a small proportion of five or six thousand only , as they may well pay and master ; and quarter in innes and alehouses without any pressure to us . being peremptorily resolved in their defaults , by gods assisting power to right and ease our selves of them , and all other oppressing grievances , by the best and most expeditions meanes wee may , to preserve our selves , our posterities , kingdome and neglected ireland , ( whose supplies are wholly frustrated and engrossed by our idle super-numerary , and super-necessary army and souldiers ) from utter vassalage and ruine . and therefore we doe hereby earnestly desire and admonish all officers and souldiers at their utmost perill , from henceforth after this our publike remonstrance , to take no more free-quarter , nor force any more moneys from us , against our wills ; but carefully to follow iohn baptist's lesson to them ( a burning and shining light ) luk. . . and the sovldiers likewise came to john , saying ; and what shall we doe ? and he said unto them : doe violence to no man ; neither accuse any man falsely , and be content with your wages ; lest they so farre discontent and enrage us so farre , as to fall a quartering of them in good earnest , which we heartily desire ( if possible ) to prevent by this timely admonition , and notice of our unalterable , just and necessary resolutions , from which neither feare nor flattery , nor intreaties shall remove us . and shall likewise humbly importune the honourable houses of parliament to order and declare according to the tenor of the petition of right that all officers and souldiers whatsoever shall be liable to the jurisdiction , arrests , warrants and power of high sheriffs , justices of peace , mayors , bayliffs , constables , tything-men , and other publike officers of justice , for felonies , breaches of peace , and other misdemeanours punishable by the lawes and statutes of the realme , as farre-forth as any other subjects are and bee ; and that all those may be particularly enjoyned to discharge their duties herein ; and all officers of the army ordered to be ayding and assisting to them therein under paine of fellonie and being casheered ; without which wee shall enjoy neither security nor peace in country or city , no nor in our owne beds and houses . finis . notes, typically marginal, from the original text notes for div a e- a rastall . tit. purveyours ; and warre . b grastons chron. p. . c an exact collection . d mr. st. iohns his majesties sollicitor generalls argument , at a committee of both houses , concerning the earles attainder by hill , p. . , &c. e . h. . c. . . ed. . de malefactoribus in parcis , fitz. coron. . . . . . . . asse . stamford . pleas . l. . c. . . . . h. . a . . h. . . b. . h. . . a. . e. . . b. . e. . . a. . h. . . . h. . . b. brooke corone . . trespas . . cooke . . report . . ashes . tables . coron . . . f this is evident by this clause of the writ for their election . ita quòd iidem milites , cives & burgenses sufficientem potestatem pro se & commvnitate , comitatus civium & burgensium praedictum ad faciendū & faciendū his , &c. ita quod pr● defectu ejuusmodi potestatis dicta negotia infecta non remaneant quovis modo . (g) grastons chronicle , p. . . cambdens brittania , p. . the game at chesse. a metaphoricall discourse shewing the present estate of this kingdome. the kings, the queenes, the bishops, the knights, the rooks, the pawns. the knights signifie the high court of parliament; the rookes, the cavaleers. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the game at chesse. a metaphoricall discourse shewing the present estate of this kingdome. the kings, the queenes, the bishops, the knights, the rooks, the pawns. the knights signifie the high court of parliament; the rookes, the cavaleers. cartwright, william, - , attributed name. p. : ill. printed for thomas iohnson, london : febr. . anno dom. . attributed to william cartwright in the wrenn catalogue. annotation on thomason copy: " ". title page has llustration of men at chess. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the game at chesse.: a metaphoricall discourse shewing the present estate of this kingdome. the kings, the queenes, the bishops, the knight [cartwright, william] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the game at chesse . a metaphoricall discourse shewing the present estate of this kingdome . the kings , the queenes , the bishops , the knights , the rooks , the pawns . the knights signifie the high court of parliament ; the rookes , the cavaleers . depiction of a game of chess between a parliamentarian and a royalist. london , printed for thomas iohnson , febr. . anno dom. . the game at chesse : a metaphoricall discourse , shewing the present estate of this kingdome . to discourse of the excellency and antiquity of the noble game of chesse , would require a farre larger volume then my occasion will permit to write , my intention being onely at the expression of this kingdomes affaires , which fitly may be allegorically described by the battaile of the chesse ; yet cannot i omit to tell you , that this chesse is the ancientest of all games of that nature , being invented ( as is credibly affirmed ) by xerxes , king of persia , many yeeres before the nativity of our saviour , to avoid idlenesse among his souldiers , when hee led those great and stupendious armies that levelled mountaines , and drunke up rivers in their passage into greece : and indisputably , it is allowed to be the most excellent and ingenious of all games , being far superior to cards or tables , which depend as much on the uncertaine disposition of chance , as upon the gamesters skill or cunning , when this of chesse is meerly directed by the strength of wit and judgement : the spanyard , whose gravity in carriage is famous above all nations , having it in so much esteeme , that they will allow any stranger to be a gentleman that can play at the chesse . but according to my promise , to avoyd prolixity , i shall briefly to my promised allegory . first , we must take into consideration , who are the principall combatants in this battell , and wee shall finde to be two different armies , black and white ; over each of which is a king , and queen ; their assistants , bishops , knights , rooks , and pawnes . and first for the king , hee is the principall leader on of his men , the queen as his lievtenant generall , the bishops his counsellors , the knights his supreme officers , the rooks and pawnes his gentlemen or cavaliers , and mercenary souldiers . this being presupposed , the application of this allegoricall game will be very easily alluded to the present businesse of this realme . first , the blacke army at chesse , signifies justly and aptly his majesties , which bath produced so many blacke and bloody effects in this kingdome , and so many plunderings , rapines and murthers , that the beautious face of this pleasant land is bestained and bedewed with blood ; the inhabitants thereof beaten and terrified out of their peaceful dwellings , their goods dispoyled and taken away by his majesties rooks , namely the cavaliers : and if the euxine sea is called the blacke sea , out of its blacke effects , certainly by the same reason that may be termed the blaoke army . the white army , which is the ensigne and badge of innocence , betokens the parliaments army , raised for the security and safety of the common-wealth , against the said blacke army of malignants . his majesty moves as doth the king at chesse ; after the motion of his pawnes , rooks , knights , bishops and queen ; and according as they thrive is the successe in the battell : how evidently is this paralelled with the kings proceedings . first his pawnes move , these were those poor●e courtiers , that to begin the afflictions of this kingdome first gave life to those fearefull and oppressive monopolies , begging such things to themselves as were destructive to the essence of the peoples liberties , and the fundamentall lawes of this kingdome ; and when they , like common souldiers , or forlorne hopes , had led the way to this game of death and destruction , forward steps the rooks , viz. the cavaliers , young gentlemen of as desperate fortunes as conditions , and they fall pell mell into the conflict , perceiving the white knights , viz. the honourable the high court of parliament assembled to stop the violent torrent of the pawnes proceedings , instill into his majestie , that there was no safety for him , against the endevours of the white knights , if he did not straight forsake their association , and betake himselfe to open hostility and armes , that so this kingdome , which in the precedent yeeres of his father , and his owne peacefull raigne , had beene governed by the lawes and justice ; might fall into the hands of the souldiery , that they whose armes had long time rusted in ease might againe be put into use , that they who had no estates at all might have a military licencious priviledge to prey upon the estates of others , which how they have done is to the whole kingdome perspicuous ; and communicating their intents with the blacke knights , namely , such of his majesties cabinet-councellors and the discontented nobility ( as either ambition , or their owne passed crimes had rendered obnoxious to the just censure of the white knights ) they found them ready to assist their malevolent and ungracious purposes , and they in their degree , as they are at chesse , being neere the king , with open out-cryes , instill into his majesties too credulous eares unheard jealousies , feares and suppositions , and intimated to him , that the white knights intended to abridge his royall prerogative , and quite contrary to the dignity of kings to confine the regall power to limits , and lessen his authority descendent to him from his ancestors ; but fearing their owne perswasions would not be prevalent enough to set him into open hostility with the white knights they draw into their confederay the bishops , who apted for innovations readily joyned in the conspiracie , telling his majesty , that the purity of religion was perverted ; that divers new and unheard of schismes and heresies were crept up in the church , of which he was bound to be the defendor ; that the white knights by reducing an annarchy upon the church , sought to inflict the same upon the soveraignty , that their power ecclesiasticall being de jure divino , was correlative and consubsistent with majesty ; and if that the one were taken away , the other could not stand , using all the subtile perswasions ambition and malice ( which are two pernitious counsellors ) could invent , to set afire the adust melancholy in his majesty : the queen too ( wrought upon by their means ) incensing the king to this dissention with the white knights , namely , his parliament , at last it tooke effect according to their wishes , and his majesty pretending hee could not be in safety at his owne palace , withdrew himselfe thence into the north , ( after the transportation of his queene ) who , as his lievtenant generall , was to furnish him from beyond the seas with forraigne supplies , and from the north , as the proverb testifies , can come no goodnesse , and there drew his army of pawnes and rooks , cavaliers and malignants , knight and bishops , discontented , nobility , gentry and clergy together , and with banner displayed , resolved to bid the white knights battell ; who seeing themselves so endangered by the malice of their enemies , began to bestir themselves , summoning their pawnes , namely well-affected souldiers , their rooks , valiant gentlemen and loyall subjects ; their knights , those of the nobility and gentry , that stood for the good of the kingdome , and liberty of the subject ; their bishops , the religious and untainted clergie , they created themselves in stead of a king and queene , a lievtenant generall , and a generall to mannage their army , and fight the lords battells against that blacke regiment of cavaliers , and so advanced toward the enemy . the game at edge-hill being now begun , first fell to it the pawnes on both sides , the rooks and knights sighting with much fortitude and courage ; the innocence of the cause on the white knights side so animating their valiant pawnes and rooks , that on the black rooks , the cavaliers , they fell with much force and violence , disordering their rankes , taking divers of them prisoners , and slaughtering others ; for the blacke bishops , they were taken prisoners by the white ones , and their knights ; and according to the custome of chesse , put into a bag , divers of them being imprisoned , and the wings of their authority which soared so high , clipt so neare , that they can now fly no more then tame jack-dawes . but yet the fight was not ended , those sturdy knaves , the blacke rooks , the cavaliers , rallying themselves againe together , and as it were leading his majesty captive to oxford , have there intrenched themselves , and made since divers attempts upon the white knights forces , whose generall ( vigilant on all occasions that might advantage this parties cause , and secure the common-wealth ) hath met those mischievous rooks divers times , and given them strange and advantagious overthrowes ; yet they according to their naturall condition , perverse and malignant , will not be perswaded to submit to authority , or to suffer the kingdome to be in peace , but with continuall excursions and inrodes , they invade the subjects estates and persons that continue firme in their allegiance to the king and the white knights , plundering their houses , and inforcing their wives and daughters to their lusts ; so that the cry of their iniquity hath even ascended up to heaven , and called out on the divine omnipotence for vengeance against their bestiall and abominable cruelties . the blacke bishops in the meane time stirring up the people to their part , by wresting texts of scripture to serve their purpose , so that when this battell at the chesse between the white and blacke houses will be ended , surpasses my skill in prophesie , to determine . the only way to end this desperate conflict in my opinion , were if his sacred majesty would be pleased to hearken to the counsels of the white knights , and re-associate himselfe with them ; giving up his blacke pawnes and rooks , his cavaliers and malignants , to the impartiall hands of gregory , who would finish all their machinations and designes with a comfortable halter . if his highnesse would please to put the residue of his blacke bishops into the same bag where their fellowes are ; and for his black knights , give them up to be judged by their peers , who would censure them with all equity according to their deserts , and so returne to his proper residence with his queen to london , and then no doubt this fatall game at chesse would be finished , till when , it is likely to continue in full force and vigor . finis . the totall and finall demands already made by, and to be expected from, the agitators and army: vpon the concession whereof they will rest fully satisfied; and disband when they shall think seasonable, but not before in all probability. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the totall and finall demands already made by, and to be expected from, the agitators and army: vpon the concession whereof they will rest fully satisfied; and disband when they shall think seasonable, but not before in all probability. prynne, william, - . p. [s.n.], london, : printed in the year. . sometimes attributed to william prynne. annotation on thomason copy: "july ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no the totall and finall demands already made by, and to be expected from, the agitators and army:: vpon the concession whereof they will rest prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the totall and finall demands already made by , and to be expected from , the agitators and army : vpon the concession whereof they will rest fully satisfied ; and disband when they shall think seasonable , but not before in all probability . eccles. . . the wise mans eyes are in his head ; but the fool walketh in darkness . london , printed in the year . . the totall and finall demands of the agitators and army : upon concession whereof they will rest fully satisfied , and disband when they shall think seasonable ; but not before , in all probability . . that all the * forces and militia of england , ireland , wales , and the islands thereunto belonging ; the city and tower of london , with all the towns , forts , and garrisons within england , ireland , wales , and the isles ; and the navy of the kingdom , may be immediately put into their hands and power ; not to inthral the parliament and people to their wils and tyranny , but to maintain the subjects freedom and liberties ; the kings prerogative and parliaments priviledges , in such sort , and for so long time , as they in their just discretions shal think meet : ( a demand already concluded , and in substance already propounded and granted ; ) that so the general ( only in name ) and lieutenant general , in truth , may become absolute emperors of all king charls his realms and dominions ( now captive under their soveraign power , ) til the agitators and army shal think fit to dethrone him , to set up either a new john of l●yden of their own creation , or introduce a popular tyranny , & anarchy , which suits best with their * principles , and the peoples freedom , the supream power and authority , to whom all other powers are subordinate de jure , and must be so de facto ; before this army disband ; as their papers intimate . . that not only the x-i. accused members , but all presbyterians and other members in both houses , opposite to the armies proceedings or designs in any particular , may be cast out of both [ as wel as all such officers cashiered the army ; ] predicted in englands birth-right , and now actually demanded in many of their printed papers , but most clearly expressed in that of o julii , at reading , wherein the commissioners of the army render this as a reason why they refuse to proceed in the treaty ; that notwithstanding the votes of the house of the tenth of june , and those since of the fifth of iuly , for the present purging of the house , yet divers persons comprised in these votes continue stil to sit there ; and what comfortable effect may we expect of a treaty so long as the parliament ( the supream iudicatory of the kingdom ) is constituted ☞ of some that are men of interests , contrary to the common good thereof , from whom we can expect nothing but banding and designing to obstruct and frustrate all proceedings ( contrary to their interest . ) and if a seasonable remedy be not given herein , we despair of any good to the kingdom by way of treaty . and when both houses are thus fully purged , that then king charls , their prisoner ( whom now they flatter only for the easier accomplishment of their own ends , & to take off the envy and opposition of his party , as some of them acknowledg in plain terms ) be forthwith articled against , * impeached , arraigned , deposed , executed , and his posterity dis-inherited by the parliament , as the grand delinquent , and author of all the late wars , mischiefs and blood-shed in his three kingdoms ; and after that the members of both houses , who have been opposite to them , arraigned and condemned as breakers of trust and invaders of the peoples liberties ; and then the domineering house of peers perpetually abolished , and a new-model'd parliament consisting meerly of commoners ( elected by the army ) constituted , to execute only what the generallity of the agitators and people shall prescribe them . . that the * assembly of divines be immediately dissolved and impeached of high treason ; presbyteries suppressed , the directory , national league and covenant , parishes , parish churches , chappels , tithes , oblations , ministers made by ordination , universities , and all schools of learning ( except only such as teach to read english , write and cypher ) all set forms of prayer , the lords prayer , creed , and ten commandments , baptizing of infants , and singing of psalms utterly abolished as antichristian , and an act of eternal oblivion passed against them ; that a full and free liberty be granted to all persons whatsoever to preach , baptize , dip , set up what new congregations and religions they please , and broach any heresie , error , blasphemy , or new opinion without the least inhibition , as they do now within the armies precincts . . that all * innes of court and chancery , all courts of iustice now erected , as wel civil as ecclesiastical , with the common , civil , canon and statute laws formerly in force ; and all corporations , tenures , copyholds , rents and services , with all titles and degrees of honor , nobility and gentry , elevating one free-subject above another may be totally abolished , as clo●gs snares , and grievances to a free-born people , and inconsistent with that universal parity and equality of condition which ought to be among free-men , & opposite to the cōmunion of saints . that all the * lands and estates of deans , chapters , prebends , universities , colledges , halls , free-schools , cities , corporations , ministers gleablands ; and so much of the lands of the nobility , gentry , and rich citizens and yeomen , as exceeds the summ of l. per annum ▪ and all the revenues of the crown belonging to the king or his children , be equally divided between the officers and soldiers in the army to satisfie their arrears , and recompence their good services ( all the wealth of london being too little to reward them , as their friends have published in print ) that so the prophecy of daniel . . may be fulfilled , judgement is given to the saints of the most high , and the time came that the saints possessed the kingdom ; much descanted upon in the army both by the soldiers and their * chaplains , as now or never to be accomplished . . that all * reformado officers , soldiers , and forces in or about london , or elsewhere not actually under the armies power may be immediately dispersed ; all listings of men , but only by the generals and armies order , prohibited under pain of high treason ; the old city and parliaments guards removed ; and a new strong guard of horse and foot presently sent from the army to secure the city and tower of london , and the * commons house ( under pretence of preventing a new war ; ) that so the lives , liberties and estates both of lords , commons , citizens , gentlemen , reformadoes , soldiers , and people of all sorts , may be at the absolute mercy and free disposal of the army , without the least hopes of resistance , or opposition , till all the precedent demands be granted and accomplished ; and then we shal be as free a people as the slaves in turky or algiere . when all this is effected , and the kingdom utterly exhausted with taxes and free-quarter to keep up this unmercinary and most meritorious army , who have such glorious designs in hand for the kingdoms ease , and peoples liberties and enfranchisement from their ancient vassallage to the king , parliament , laws , magistrates , ministers , &c. our supream lords and masters ( the agitators and army ) wil be satisfied , and contentedly disband to divide the spoils in the fifth demand , but not willingly before , if their principles or printed papers ; their private free ingenuous discourses ; the pamphlets and petitions of their confederates , the practises of their predecessors in germany , and the series of their late high proceedings and multiplyed demands ( growing every day higher , and more then formerly ) may pass either for demonstrations , or more then probable presages . let all wise , honest , and wealthy men then , both in parliament , city and country be no longer gulled or blinded with specious pretences , but look about them in time ; and provide for the publick safety and the liberty of the king , parliament , kingdom , and their own preservation , before it be over late : and take the poets advice to heart . principiis obsta ; sero medicina paratur cum mala per longas invaluere moras . in fine ; in bello non licet bis errare ; hic nec semel . reader , consider these passages among others in lilburns new printed regal tyranny discovered , ( whose brothers are chief sticklers in the armies treasonable proceedings ) p. . we may evidently perceive , that this office of a king is not , in the least , of gods institution ; neither is it to be given to any man upon earth . and p. , . charls stewart , hath committed treason against the kingdome of england , &c. to sum up all , he is guilty of all the innocent bloodshed in england , scotland , and ireland , since the wars , which is the blood of thousands of thousands . for which if all the sons of men should be so base and wicked as not to do their duty , in executing iustice upon him ( in deposing and beheading him ) which legally may and ought to be done , by those especially who have power , and authority in their hands ; yet undoubtedly the righteous god will , and that i am confident in an exemplary manner , in despight of all his bloody and wicked protectors and defenders . and then judge in what condition the king , kingdome , and parliament now are in , under the power of men of lilburns spirit and principles . finis . notes, typically marginal, from the original text notes for div a e- * sir thoma● fairfax last letters to the house , and the apprentices petition to him , sent to the agitators , ( newly printed ) their own speeches , and papers , and article against the impeached members and the agitators massage to trinity house , evidence this . * laid down in regal tyranny discovered ; a clear and full vindication of the late proceedings of the army ; a declaration from the army june . englands birthright , and oth●r pamphlets . * this lilburns regal tyranny discovered , the title pa. and p. . , , , , , &c. englands birthright . overtons , and other sectaries printed pamphlets clearly demonstrate and advise , which have a great influence on the agitators and army . * the araignment of persecution , the bloody tenet . sir simon presbyter , and many other late pamphlets of sectaries , clear all this , with hartfordshire petition against tythes and other petitions of like nature . * regal tyranny discovered . p. , &c englands birth-right , lilburn● apologie to judge reeve , the harfordsh . and other late petitions to the generall and army manifest this design . * this divers of the army and their friends have propounded in print and discourse . * m. sedwicks sermon at s. albans . * this is positively demanded in the armies remonstrances & printed papers to disingage & mutiny the reformadoes and leave the parliament and city naked of all defence . * this was moved in the house , and that by an alderman , and desired , in the young mans petition to the general . die martis, januarii, . an act of the commons of england assembled in parliament, for the adjourning of part of the term of hilary, . england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, januarii, . an act of the commons of england assembled in parliament, for the adjourning of part of the term of hilary, . england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honourable house of commons, london : jan. . [i.e. ] signed: h: scobel, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, januarii, . an act of the commons of england assembled in parliament, for the adjourning of part of the term of hilary, england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , januarii , . an act of the commons of england assembled in parliament , for the adjourning of part of the term of hilary , . the commons assembled in parliament , holding it convenient and necessary , for divers weighty reasons and occasions , to adjourn part of the next term of hilary ; that is to say , from the first return thereof , called octabis hilarii , until the return of crastino purificationis next ensuing : be it therefore ordained and enacted by the commons assembled in parliament , and by the authority aforesaid , that the said term of hilary be adjourned , that is to say , from the return of octabis hilarii , unto the said return of crastino purificationis : and all and every person or persons which hath cause or commandment to appear in any of the courts at westminster , in or at the said return of octabis hilarii , or in or at any day or time from and after the said return of octabis hilarii , and before the said return of crastino purificationis , may tarry at their dwellings , or where their businesses otherwise shall lie , without resorting to any of the said courts for that cause , before the said return of crastino purificationis next coming , and that without danger or forfeiture , penalty or contempt to be in that behalf . and be it also ordained and enacted by the authority aforesaid , that vvrits of adjournment shall be directed to the iustices of the said courts , giving them authority to adjourn the said term of hilary ; that is to say , from octabis hilarii , until the said return of crastino purificationis , as before is said ; and the said adjournment shall be made in the first day of the said octabis hilarii . and be it further enacted and ordained , that all matters , causes and suits depending in any of the said courts shal have continuance , and the parties shall have day from the date of these presents unto crastino purificationis , as before is said : and the commissioners of the great-seal are required to issue forth vvrits accordingly . and be it further ordained , that the sheriffs of london , and all other sheriffs of the several counties in england and wales , do forthwith proclaim and publish this act in the chief market-towns within their several and respective counties . h : scobel , cler. parl. d. com. ordered by the commons assembled in parliament , that this act be forthwith printed and published ; and that the members of this house do take care for speedy sending it down to the sheriffs of the respective counties within the kingdom of england and dominion of wales . h : scobel , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , jan. . . an ordinance of the lords and commons assembled in parliament for advancing by way of loane, the summe of fourty thousand pounds, for payment of sir thomas fairfax armie. england and wales. parliament. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament for advancing by way of loane, the summe of fourty thousand pounds, for payment of sir thomas fairfax armie. england and wales. parliament. [ ], , [ ] p. printed by t.w. for edw. husband ..., [london] : . "ordered by the commons in parliament, that this ordinance be forthwith printed and published. hen. elsynge cler. parl. d.com." place of publication from by wing ( nd ed.). bound and filmed as th item with : - : . reproduction of original in: trinty college (dublin, ireland) library. eng england and wales. -- army -- appropriations and expenditures -- early works to . finance, public -- law and legislation -- great britain -- early works to . great britain -- history -- civil war, - -- finance -- early works to . great britain -- politics and government -- - -- early works to . b r (wing e ). civilwar no an ordinance of the lords and commons assembled in parliament· for advancing by way of loane, the summe of fourty thousand pounds, for payme england and wales. parliament b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament for advancing by way of loane , the summe of fourty thousand pounds , for payment of sir thomas fairfax armie . october the . . ordered by the commons in parliament , that this ordinance be forthwith printed and published . hen. elsynge cler. parl. d. com. printed by t.w. for edw. h●sband , printer to the honourable house of commons . . an ordinance of the lords and commons assembled in parliament , for advancing by way of loane , the summe of fourty thousand pounds , &c. . october , . the lords and commons assembled in parliament , finding the many battells , sieges and other service performed by the army under the command of sir thomas fairfax , and the necessary recruiting and supplying thereof at so great a distance hath occasioned a farre greater expence , then was at first conceived , and also the great advantages , which through the blessing of god , the common-wealth hath received by the unwearied indeavours of the said army ; doe hold it necessary , that a considerable summe of money bee forthwith advanced for the supply of the said army , and defraying of the charges incident thereunto , have ordained , and doe hereby ordaine by authority of parliament , that the summe of forty thousand pounds shall be forthwith advanced by way of loane for the intents and purposes aforesaid , by , and on such persons of abilitie as shall voluntarily , or by assessment lend the same on the security , and termes hereafter expressed . and in regard many persons of abilitie through disaffection or otherwise have been slow in the like services tending to the good and preservation of the publique , it is therefore by the said lords and commons ordained , for the more speedy and orderly raysing of the said summe of fourty thousand pounds . that the committee appointed by severall acts of common counsell for gathering of the arrears or any seven or more of them shall be a committee to register and take the subscriptions of all persons that shall voluntarily lend and advance moneys as aforesaid , and to assesse such person or persons as shall not according to their abilities , voluntarily and proportionably advance the same . and to assesse such part of the said summe ( as shall not bee voluntarily advanced ) on such persons of abilitie as they shall thinke fit , the same to be paid by the persons respectively , as shall so lend or pay the same unto sir john wvollaston , and the rest of the treasurers at warre , appointed by the ordinance of the of march last , at the place of receipts in guild-hall london . and be it ordained by authority aforesaid , that all and every person or persons , being assessed by vertue hereof , and neglecting or refusing to pay the said severall summes so assessed unto the said treasurers at warre within ten dayes after notice given , or left at his or their usuall place of aboad , or at the dwelling house or place of aboad of any partner or factor of the person or persons so assessed , inhabiting within , or neere the citie of london , shall be by vertue of a warrant from the committee of lords and commons appointed by the said ordinance of parliament of the of march last past , who ( or any five of them , one thereof being a peere upon consideration of every such assessment ) are hereby authorised to approve , increase , or moderate every such assessment , and thereupon to make and give warrants to such persons as shall be by the committee now appointed nominated for that purpose , compelled to pay the same by distresse of the goods and chattels of such person or persons so refusing or neglecting to pay the same , which goods so distreyned shall be sold by such persons as the said committee shall appoint for satisfaction of the said assessment , and the surplusage , if any be , the said assessment and charges satisfied , be returned to the party distreyned . and if any person shall neglect , or refuse to pay the sum assessed , untill a distresse be taken for the same then , that every person or persons so neglecting or refusing as aforesaid , shall pay such reasonable charge for every such distress , removall , or sale of his , her , or their goods as the said committee ( of lords and commons , or any five of them one thereof being a peere ) appointed by the ordinance of the of march . shall allow to be imployed for the better execution of this ordinance . and if no sufficient distress can be had , or taken of the goods of the persons that shall be assesed , by vertue of this present ordinance , then such person or persons shall be by vertue of a warrant from the committee of lords and commons as aforesaid who are hereby authorised to grant the same , be committed to safe custodie , there to remaine untill such person or persons shall satisfie the said summe assessed upon them by vertue hereof , which money so brought into the treasurers at warre shall be issued forth by warrant from the said committee of lords and commons appointed by ordinance of the of march aforesaid , excepting what shall be by order of the committee appointed by this present ordinance deducted for payment of persons imployed in the execution of this ordinance not exceeding three pence in the pound . and for the better incouragement and securing of such persons as shall advance the said summe or any part thereof , the lords and commons doe hereby ordaine that such person or persons as shall pay or lend any money upon or by vertue of this ordinance , and pay the same to the treasurers at warre aforesaid , shall be repaid the severall summes which shall be by them advanced . out of the receipt of the excize and new impost , with interest after the rate of eight pound per centum , per annum for so long time as they shall forbeare the same . and the commissioners of excize and new impost for the time being , are hereby authorized and required to pay unto the severall lenders , their executors and assignes , at the end of sixe months , the interest for so much money as shall be advanced by vertue hereof , and the principall and remainder of the interest thereof after the rate aforesaid , in due course , order and ranke as the same stands charged upon the said excise and impost , unto the persons that doe advance the same . and the rcceipt of the said treasurers at warre or any two of them , one being an alderman , the other a commoner , shal interest and intitle every person or persons to whom it shall be given , his or their executors , administrators or assignes , into the security and benefit of this present ordinance with interest aforesaid . and it is further ordained that no ordinance nor assignement , not past in the said receipt of the excise before an ordinance of the second of september last , for the payment of fifty thousand pounds in course , for the service of the army under the command of sir thomas fairfax , shall preceede this ordinance ; but that it shall be paid in its course from that time accordingly and the aforementioned receipts of the treasurers at warre , together with the acquittance of the persons advancing the same , shall be a sufficient warrant and discharge to the commissioners of excise and every of them , for payment of the said summes to the severall persons as aforesaid . and it is further ordained that all majors , sheriffs , constables and headboroughs and all officers of the trayned bands and auxiliaries within the said limits , shall be ayding to the said respective committees , and such as they shall imploy in the execution of this present ordinance . and the said respective committees shall have power to impose upon such officers or persons so neglecting their duties therein , such fine or fines as to them shall seeme meet , not exceeding forty shillings for any one offence , and to cause the same to be leavied by distresse and sale of the goods as aforesaid . and it is further ordained that all persons acting in pursuance of this ordinance shall be saved harmeles by authority of parliament . and that no priviledged places shall be exempted from the said assessment . provided that such persons as shall make it appeare to the said committee of arreares by their protestation or oath that he or they are not worth one thousand pounds , shall not be assessed by this ordinance . provided alwayes that this ordinance or any clause therein conteyned shall not extend to any of the peers of this realm , or to the members of the house of commons , or assistant , attendant or officer of the house of peers , or officer of the house of commons . h. elsynge , cler. parl. dom. com. die martis . september , , it is this day ordained by the lords and commons assembled in parliament ; that fifty thousand pounds shall bee paid in course for the service of the army under the command of sir thomas fairefax , out of the receipts of the excise , by ordinance of the eleventh of september , , unto the treasurers at warre ; and the receipt of any foure of them together with this ordinance shall bee a sufficient discharge unto the commissioners of excize and every of them , for payment of the said fifty thousand pounds , and interest for the same after the rate of eight pounds per cent. for so long time as the same shall be unpaid , before it become due as aforesaid . h. elsynge , cler. parl. d. com. finis his majestie's gracious speech, together with the lord chancellor's, to both houses of parliament; on saturday the th day of december, . being the day of their dissolution. as also, that of the speaker of the honorable house of commons, at the same time. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) his majestie's gracious speech, together with the lord chancellor's, to both houses of parliament; on saturday the th day of december, . being the day of their dissolution. as also, that of the speaker of the honorable house of commons, at the same time. england and wales. sovereign ( - : charles ii) clarendon, edward hyde, earl of, - . grimston, harbottle, sir, - . england and wales. parliament. england and wales. lord chancellor's dept. p. printed by john bill, printer to the kings most excellent majesty, london : [i.e. ] lord chancellor = edward hyde, earl of clarendon; speaker of the house of commons = sir harbottle grimston. at foot of title page: cum privilegio. annotation on thomason copy: "jan: d." reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- dissolution -- early works to . great britain -- history -- charles ii, - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majestie 's gracious speech , together with the lord chancellor's , to both houses of parliament ; on saturday the th day of december , . being the day of their dissolution . as also , that of the speaker of the honorable house of commons , at the same time . blazon or coat of arms of the british royal family c r honi soit qvi mal y pense diev et mon droit london , printed by john bill , printer to the kings most excellent majesty , . cum privilegio . his majestie' 's gracious speech to both houses of parliament , on saturday the day of december . upon the dissolution of the parliament . my lords and gentlemen , i will not entertain you with a long discourse ; the sum of all i have to say to you , being but to give you thanks , very hearty thanks ; and i assure you i finde it a very difficult work to satisfie my self in my own expressions of those thanks ; perfunctory thanks , ordinary thanks for ordinary civilities are easily given ; but when the heart is as full as mine is , it is a labor to thank you : bou have taken great pains to obliege me , and therefore it cannot be easie for me to express the sence i have of it . i will enlarge no further to you upon this occasion , then to tell you , that when god brought me hither , i brought with me an extraordinary affection and esteem for parliaments ▪ i need not tell you how much it is improved by your carriage towards me . you have out-done all the good and oblieging acts of your predecessors towards the crown ; and therefore you cannot but believe my heart is exceedingly enlarged with the acknowledgment . many former parliaments have had particular denominations from what they have done ; they have been stiled , learned and unlearned , and sometimes have had worse epithites ; i pray let us all resolve that this be for ever called , the healing and the blessed parliament . as i thank you , though not enough , for what you have done , so i have not the least doubt , by the blessing of god , but when i shall call the next parliament , which i shall do as soon as reasonably you can expect or desire , i shall receive your thanks for what i have done since i parted with you : for i deal truly with you , i shall not more propose any one rule to my self in my actions , and my councels , then this , what is a parliament like to think of this action , or this councel ▪ and it shall be want of vnderstanding in me , if it will not bear that test . i shall conclude with this , which i cannot say too often , nor you too often , where you go , tha● 〈◊〉 to the miraculous blessing of god almighty ; and indeed , as an immediate effect of that blessing , i do impute the good disposition and security we are all in , to the happy act of indempnity and oblivion ; that is the principal corner-stone which supports this excellent building , that creates kindness in vs to each other ; and confidence is our joynt and common security . you may be sure , i will not onely observe it religiously , and inviolably my self , but also exact the observation of it from others : and if any person should ever have the boldness to attempt to perswade me to the contrary , he will finde such an acceptation from me , as he would have , who should perswade me to burn magna charta , cancel all the old laws , and to erect a new government after my own invention and appetite . there are many other particulars which i will not trust my own memory with , but will require the chancellor to say the rest to you . ( after his majesty had done , the lord chancellor said as followeth ) my lords , and you the knights , citizens , and burgesses of the house of commons ; there cannot be a greater manifestation of an excellent temper and harmony of affections throughout the nation , then that the king and his two houses of parliament meet with the same affections and cheerfulness , the same alacrity in their countenance at the dissolution , as when they met at the convention of parliament : it is an unquestionable evidence , that they are exceedingly satisfied in what they have done towards each other , that they have very well done all the business they came about : this is now your case , you have so well satisfied your own consciences , that you are sure you have satisfied the king's expectation and his hope , and the desires and wishes of the country . it was very justly observed by you mr. speaker , that you have never asked any one thing of the king , which he hath not with all imaginable cheerfulness granted ; and in truth his majesty doth with great comfort acknowledge , that you have been so far from denying him any thing he hath asked , that he hath scarce wished any thing that you have not granted ; and it is no wonder , that having so fully complyed with your obligations , and having so well composed the minds of the nation , you are now willing to be relieved from this extraordinary fatigue you have submitted so long to , and to return to the consideration of your own particular affairs , which you have so long sacrificed to the publique ▪ and this reasonable wish and desire hath brought the king to comply with you , and , which nothing else could do , to part with you with an equal cheerfulness ; and he makes no doubt , but all succeeding parliaments will pay you their thanks for all you have done , and look upon your actions and your example with all possible approbation and reverence . the king and you have given such earnest to each other of your mutual affection , you have been so exact and punctual in your proceedings towards each other , that you have made no promise , no profession to each other , of the making good and performing of which the world is not witness : you declared at the adjournment in september last , your resolution to settle a noble revenew on the crown ▪ you have done it with all the circumstances of affection and prudence . the king promised you to establish a council for trade , a council for the forreign plantations , a commission for composing all difference upon sales ; all this he did before your coming together , and with very good effect ; and you shall hear that the proceedings in every one of them are more vigorous and effectual after your dissolution ; his majesty then promised you , that he would give up all his endeavors to compose the unhappy differences in matters of religion , and to restore the languishing church to peace , unity and order : constantine himself hardly spent so much of his own time in private and publique conferences to that purpose ; his majesty in private conferred with the learned men , and heard all that could be said upon several opinions and interests apart , and then in the presence of both parties , himself moderating in the debates , ( and less care and diligence and authority would not have done the work ) and god hath so blessed his labor , and made his determinations in that affair so generally agreeable , that he hath received thanks from his houses of parliament , that is , from the whole kingdom : if after all this , his majesty doth not reap the full harvest he expected from those condescentions ; if some men , by their writing , and by their preachings endeavor to continue those breaches , and very rashly and i think unconscientiously keep up the distinctions , and publickly justifie and maintain what hath heretofore been done amiss , and for which the act of indempnity was the best defence ; i shall say no more , then that i hope their ▪ want of modesty and obedience will cause them to be disclaimed by all pious and peaceable men , who cannot but be well contented to see them reduced by law , to the obedience they owe to law : and his majesty is confident , that this his beloved city , towards which his heart is so gracious , and so full of princely designs to improve their honor , their wealth , and their beauty , will discountenance all those seditious designs , and by returning and fixing themselves upon their good old foundations , make themselves the great example of piety , of loyalty , and of hearty affection to the whole kingdom . this discourse puts me in mind to say to you , that though the king wonders much more at the many great things you have done , then that you have left any thing undone , yet he could have wished , and would have been glad that your other weighty affairs had given you time to have published your opinion and advice in the business of the militia , that the people after so many disputes upon that argument , might have discerned that the king , and his two houses of parliament are as much of the same mind in that , as in all other things , as no doubt they are : but since that could not be done , you may all assure your selves , that the king will proceed therein in with all imaginable care and circumspection , for the ease , and quiet , and security of his people : and as he did before the last recess by the unanimous advice of his privy council , issue out his commissions of lieutenancy for the setling the militia in the several counties , to prevent any disorders which many apprehended might arise upon the disbanding the army ; so he will now again recommend it to them to keep themselves in such a posture , as may disappoint any seditious designs which are now on foot ; and there cannot be too much circumspection and vigilance to frustrate those designs . you have heard of many suspected and dangerous persons which have been lately clapped up ; and it was high time to look about : his majesty hath spent many hours himself in the examination of this business ; and some of the principal officers , who before they came to his majestie 's presence , could not be brought to acknowledge any thing , after the king himself had spoken to them , confessed , that their spirits were insensibly prevailed upon , and subdued , and that it was not in their power to conceal their guilt from him. they have confessed , that there is a party of the late disbanded-officers and soldiers , and others , full of discontent and seditious purposes , and a resolution to attempt the change of the present government , and to erect the republick ; they acknowledge that they did purpose to have made their attempt for the rescue of those wretches , who were so justly condemned at newgate , and so worthily executed ; and that ludlow should then have appeared in the head of them ; that they made themselves sure at the same time , by parties and confederacy to have surprized the tower of london , and the castle of windsor , but that they found , or at least apprehended , that their design was discovered ; which so broke their spirits , that they concluded they must acquiesce for the present , and stay till the army should be disbanded , which they said was generally debauched , that is , returned to an honest and fast obedience to the king ; and that it was evident they were betrayed by those who were most entirely trusted by them ; and they were in the right : the king had notice of all their design , what progress it made , and the night they intended to surprize the tower and windsor , and gave notice to the several governors ; and so without any noise , that mischief was by god's goodness prevented : they acknowledge that they have since recovered their courage and resolution , and were about this time to make their full attempt ; they have been promised some considerable rising in the west under ludlow , and in the north under others ; but this place was the scene of greatest hope ; they made sure of a body here , i think they say of two thousand five hundred men , with which they resolved in the first place , to secure ( you know what that security is ) the person of the general , the duke of albemarle , with whom they have so much reason to be angry , and at the same time to possess themselves of whitehal ; you know the method used in such possessing , kill , and take possession ; and this insupportable calamity god hath again deverted from us ; though i must tell you , the poor men who seem to speak honestly , and upon the impulsion of conscience , are very far from being confident , that there will not be some desperate insurrections and attempts in several parts of the kingdom within a short time , which all possible care will be taken to prevent ; and in truth this very good city so well requites the kings abundant grace and kindness to it , that not onely by the unwearied pains and diligence of the worthy lord major , but by the general temper and constitution of the whole city , the discontented and seditious party ( which can never be totally extirpated out of such a metropolis ) is like to receive little encouragement to pursue their desperate counsels . the king doth not believe that all those persons who at present are apprehended , and in custody , will be found guilty of this treason ; it is a vulgar and known artifice , to corrupt inferior persons , by perswading them , that better men are ingaged in the same enterprise ; and the king will make as much haste as he can to set those at liberty , against whom the evidence or suspicion is not too reasonable ; in the mean time , they who are in truth innocent , must confess that the proceeding towards them , hath been very natural and full of clemency ; and no man will wonder , if his majesty be very desirous that in this conjuncture , and in order to prevent , or suppress these too visible distempers and machinations , his militia in all places be in good order and preparation : and you may assure your selves , that in the forming and conduct of it , he will have so great a care of the ease and quiet of his people , that if any person trusted by him , shall through want of skill , or want of temper , satisfie his own passion or appetite , in grieving or vexing his neighbours , his majesty will be so sensible of it , that if it can be cured no other way , his trust shall be quickly determined , and he is not at all reserved in giving those animadversions and reprehensions when there is occasion ; and his ears will be always open to receive those complaints . my lords and gentlemen , you are now returning to your countreys to receive the thanks and acknowledgements of your friends and neighbours , for the great things you have done , and to make the burthens you have laid upon them , easie , by convincing them of the inevitable necessity of their submitting to them ; you will make them see that you have proceeded very far towards the separation , and even divorce of that necessity from them , to which they have been so long married , that they are now restored to that blessed temper of government , under which their ancestors enjoyed so many hundred years , that full measure of felicity , and the misery of being deprived of which they have so sensibly felt , that they are now free from those midnight alarms , with which they have been terrified , and rise out of their beds at their own healthy hours , without being saluted with the death of a husband , a son , and friend , miserably killed the night or the day before , and with such circumstances kill'd , as improved the misery beyond the loss it self ; this enfranchisement is worth all they pay for it : your lordships will easily recover that estimation and reverence that is due to your high condition , by the exercise and practice of that vertue , from whence your honors first sprang ; the example of your justice and piety will enflame the hearts of the people towards you ; and from your practice , they will make a judgment of the king himself : they know very well , that you are not only admitted to his presence , but to his conversation , and even in a degree to his friendship , for you are his great councill ; by your example they will form their own manners , and by yours they will make some guess at the king 's : therefore under that obligation , you will cause your piety , your justice , your affability , and your charity to shine as bright as is possible before them . they are too much in love with england , too partial to it , who believe it the best countrey in the world ; there is better earth , and a better aire , and a better , that is , a warmer sun in other countries ; but we are no more then just , when we say that england is an endosure of the best people in the world , when they are well informed and instructed ; a people in sobriety of conscience the most devoted to god almighty ; in the integrity of their affections , the most dutiful to the king ; in their good manners and inclinations , most regardful and loving to the nobility ; no nobility in europe so entirely loved by the people ; there may be more awe , and fear , and terror of them , but no such love towards them as in england . i beseech your lordships , do not undervalue this love ; they have looked upon your lordships , and they will look upon your lordships again , as the greatest examples and patterns of duty to the king , as their greatest security and protection from injury and injustice , and for their enjoying whatsoever is due to them by the law , and as the most proper mediators and interposers to the king , if by any failer of justice they should be exposed to any oppression and violence : and this exercise of your justice and kindness towards them , will make them the more abhor and abominate that parity upon which a commonwealth must be founded , because it would extirpate , or suppress , or deprive them of their beloved nobility , which are such a support and security to their full happiness . and you gentlemen of the house of commons , you are now returning to your countrey , laden with a trust not inferior , weighty , than that you brought from thence , you came up their deputies to the king , and he returns you now his deputies to them , his plenipotentiaries , to inform & assure them , that he thinks himself the happiest , and the greatest prince of the world , not from the scituation of his dominions and the power of his great navy , with which he can visit his neighbors , and keep them from visiting him , or from the noble revenue you have setled upon him , which he will improve with all good husbandry , but from being possessed of the affections and hearts of such subjects ; that he doth so intirely love them , and depend upon them , that all his actions and all his councels , shall tend to no other end , but to make them happy and prosperous : that he thinks his honour and his interest principally to consist in providing for , and advancing the honor and interest of the nation : that you may have the more credit in what you say , he will not take it unkindly , if you publish his defects and infirmities : you may tell them , that he is so confident in the multitude of his very good and faithful subjects , that he is very hard to be perswaded that his few ill and unfaithful subjects can do him much harm ; that he so much depends upon the affection of honest men , and their zeal for his security , that he is not so sollicitous and vigilant for his own safety as he ought to be , amidst so many combinations , of which he is so well informed , that his servants , who with grief and anguish importune him not to take so little care of his own safety , can obtain no other answer from him , then what caesar heretofore gave to his jealous friends , mori se malle quam timeri , or timere ; he will die any death , rather then live in fear of his own subjects , or that they should live in fear of him ; you may tell them as a great infirmity , that a troubled and discontented countenance so afflicts him , that he would remove it from them at his own charge , as if he himself were in the fault ; and when he hath been informed of any less kinde , or jealous thing said amongst you , as your windores are never so close shut , but that the sound of your words goes to the several corners of the town , his majesty hath been heard to say no more , but , what have i done ? i wish that gentleman and i were acquainted , that he knew me better . oh , gentlemen , you cannot be your selves , nor you cannot make your friends too zealous , or too jealous for such a prince's safety , or too sollicitous for such a prince's satisfaction and content , to whom we may very justly say , as the king of tyre writ to solomon , because god hath loved his people , he hath made thee king over them : even his defects and infirmities are very necessary towards the full measure of our prosperity . my lords and gentlemen , god hath enabled us to invert one argument , which , i hope , may to a good degree repair the much mischief it hath heretofore done : it hath been urged very unreasonably , yet successfully urged in the worst times , that it was not faith , but presumption , to expect that god would restore a family , with which he seemed to have a controversie , & had humbled so far ; that he would ever countenance a party , that he had so much discountenanced , and almost destroyed . we may now much more reasonably , and therefore i hope as effectually , press the miracles that god almighty hath lately wrought for king and people , as an evidence that he will not again easily forsake them : we may tell those , who are using all their endeavours to imbroil the nation in new troubles , that it is not probable , that a nation , against which god seemed these late years to have pronounced his iudgment , in the very language of the prophet ; go ye swift messengers to a nation scattered and peeled , to a people terrible from the beginning hitherto , a nation rooted out and trodden down , whose land the rivers have spoiled : — the lord hath mingeld a perverse spirit in the middest thereof . that he should reduce that perversness to the greatest meekness and resignation , that he should withdraw his judgement from this nation , and in a moment restore it to all the happiness it can wish , and to no other end , but to expose it to the mercy and fury of a few discontented persons , the worst of the nation , is not easie to be believed . we may tell those who still contrive the ruine of the church , the best , and the best reformed church in the christian world ; reformed by that authority , and with those circumstances as a reformation ought to be made , that god would not so miraculously have snatched this church as a brand out of the fire ; would not have raised it from the grave , after he had suffered it to be buried so many years , by the boystrous hands of prophane and sacrilegious persons , under its own rubbidge , to expose it again to the same rapine , reproach and impiety : that church which delights it self in being called catholick , was never so near expiration , never had such a resurrection , that so small a pittance of meal and oyl , should be sufficient to preserve and nourish the poor widow and her family so long , is very little more miraculous then that such a number of pious , learned , and very aged bishops , should so many years be preserved , in such wonderful straights and oppressions , untill they should plentifully provide for their own succession : that after such a deep deluge of sacriledge , profaness and impiety had covered , and to common understanding swallowed it up ; that that church should again appear above the waters , god be again served in that church , and served as he ought to be , and that there should be still some revenue left to support and encourage those who serve him ; nay , that many of those who seemed to thirst after that revenue till they had possessed it , should conscientiously restore what they had taken away , and become good sons , and willing tenants to that church they had so lately spoyled , may make us all piously believe , that god almighty would not have been at the expence and charge of such a miracle , so manifested himself to us in such a deliverance , but in the behalf of a church very acceptable to him , and which shall continue to the end of the world , and against which the gates of hell shall not be able to prevail . we may tell those desperate wretches , who yet harbour in their thoughts wicked designs against the sacred person of the king , in order to the compassing their own imaginations ; that god almighty would not have led him through so many wildernesses of afflictions of all kinds , conducted him through so many perils by sea , and perils by land ; snatch'd him out of the midst of this kingdom , when it was not worthy of him ; and when the hands of his enemies were even upon him , when they thought themselves so sure of him , that they would bid so cheap , and so vile a price for him ; he would not in that article have so covered him with a cloud , that he travailed even with some pleasure , and great observation through the midst of his enemies ; he would not so wonderfully have new modelled that army , so inspired their hearts , and the hearts of the whole nation , with an honest and impatient longing for the return of their dear soveraign , and in the mean time have so exercised him ( which had little less of providence in it than the other ) with those unnatural , or at least unusual disrespects and reproaches abroad , that he might have a harmless and an innocent appetite to his own countrey , and return to his own people , with a full value , and the whole unwasted bulk of his affections , without being corrupted , or byassed by extraordinary forraign obligations : god almighty would not have done all this , but for a servant whom he will alwayes preserve as the apple of his own eye , and alwayes defend from the most secret machinations of his enemies . if these argumentations , gentlemen , urged with that vivacity as is most natural to your own gratitude and affections , recover as many ( and it would be strange if it should not ) as have been corrupted by the other logick , the hearts of the whole nation , even to a man , will insensibly be so devoted to the king , as the only conservator and protector of all that is dear and precious to them , and will be so zealous to please him , whose greatest pleasure is to see them pleased , that when they make choice of persons again to serve in parliament , they will not choose such , who they wish should oppose the king , but therefore choose them , because they have , and because they are like to serve the king with their whole hearts ; and since he desires what is best for his people , to gratifie him in all he desires : this blessed harmony would raise us to the highest pinacle of honour and happinesse in this world , a pinacle without a point , upon which king and people may securely rest and repose themselves against all the gusts , and stormes and tempests which all the malice of this world can raise against us , and i am sure you will all contend to be at the top of this pinacle . i have no more to add , but the words of custome , that the king declares this present parliament to be dissolved ; and this present parliament is dissolved . the speech which the speaker of the house of commons made unto the king , on saturday december . , being the day of their dissolution . most gracious and dread soveraign , the knights , citizens and burgesses now assembled in parliament , being the representative body of your commons of england , are as conduit pipes or quils to convey the streams of your peoples dutiful affections and humble desires into your royal presence ; and that being done , they need no other speaker but your self , for they know your skil , and they have had experience of your will. and yet royal sir , though they have no cause to complain , they cannot but take notice of your partiality , for when any thing in point of right , or but conveniency hath fallen out to be , as we use to say , a measuring cast , a disputable case between your self and your people , without any regard or respect had unto your own right , or the advantage that might accrue to your self by asserting the same , if the good of your people hath come in competition with it , you have alwayes cast it against your self , and given it in on your peoples side . royal sir , thus to undo your self to do your people good , is not to do as you would be done unto ; and what can we do lesse , then by way of a grateful retribution , cheerfully to pay your majesty the just tribute of our dutiful obedience unto all your royal commands , and upon all occasions readily to sacrifice , se & sua , all that we have , or enjoy , lives and fortunes , in the service of such an incomparable soveraign . but , royal sir , it becomes not me to fill your majesties ears with air ; loquere , ut te videam , is the only rhetorick the people ought to use to such a king of kindness , and a prince so full of good works ; and therefore , as i am commanded , i must humbly assure your majesty , that the many healing expedients propounded by your self in your several most gracious declarations , have been the subject matter upon which your commons have wrought all this parliament : and in the first place , they took into consideration , the great and growing charges , which then lay upon your people , for the pay of your army and navy ; and they conceived it necessary ; to begin with that part thereof , next at hand , wherein your people would receive the most ease , and the greatest security and satisfaction , which was the disbanding your majesties forces by land , and the paying off five and twenty of your ships then in the harbour and of no use : and this led them to the consideration of such wayes and means , as were to be used to raise moneys for that purpose : and that for poll-money being propounded and passed , some were of opinion , that , that alone would have over-done the work : others having had experience of a former bill of the same nature , and upon the like occasion , fearing it might not answer expectation ; and being unwilling to be deceived the second time , especially in such a business as this , wherein a mistake was like to prove so penal , moved for a further supply , which after some debate was agreed upon , of a two months assessment at seventy thousand pounds a month , and both have not yet fully done the work for which they were designed , but with the help of two other bills here in my hand ; the one intituled , an act for the leavying of the arrears of the twelve months assessment , commencing the four and twentieth of june , ând the six months assessment commencing the five and twentieth of december . and the other intituled , an act for the further supplying and explaining certain defects in an act for the speedy provision of money for disbanding and paying off the forces of this kingdome both by land and sea : they hope , this account will be fully cleared off at last . sir , your commons have likewise taken into their considerations , the charge of your summer-fleet , which besides that part thereof your majesty is pleased to take upon your self , for your ordinary guard of the seas , will amount unto a very great sum . and as 't is a great debt , so it is a growing debt , in a few moneths it doubles . there is a saying , qui cito dat , bis dat ; i am sure 't is most true in this case , qui cito solvit , bis solvit ; to pay this debt readily , is the way to pay it but once ; and to take time to pay it , is the sure way to pay it twice : and therefore your commons laying aside the sad thoughts of their long sufferings , and those miserable devastations and pressures they have lain under for many years last past ; and looking upon the necessity of affairs , which call importunately , and must be answered effectually , hath passed another bill here in my hand , intituled , an act for six moneths assessment , at seventy thousand pounds per mensem , to begin the first of january , and to be paid in , the one moyety thereof before the first of february , and the other moyety , being the remaining part , by the first of april next ensuing ; which is to be applyed wholly to the paying off the arrears of your majesties navy and army . i have three other bills in my hand , which have relation to your majesties revenue , and are branches thereof ; the one intituled , an act for the better ordering the selling of wines by retail , and for preventing abuses in the mingling , corrupting , and vitiating of wines , and for setling and limiting the prizes of the same : and this bill is tendered unto your majesty , for preventing all future disputes touching the legality thereof : for we know it is your majesties desire , that nothing might be done , by any of your officers or ministers that act under you , sine figura justitiae , & warranto legis . an other is intituled , an act for erecting and establishing a post-office : and this being likewise legally setled , will be of very great use to all your majesties people , and especially your merchants , for holding intelligence with their correspondents , factors and agents in foreign parts , litterae sunt indices animi , and without the safe and speedy dispatch and conveyance of their letters , they will never be able to time their business , nor carry on their trades to an equal advantage with the merchants of other countries . the other bill provides for the increasing your majesties ordinary and constant revenue by the grant of an impost to be taken upon ale , beer , and other beveredges therein particularly mentioned and expressed ; to hold to your majesty for life , which god long continue ▪ and as it is the desire of your commons , that your majesty might never be necessitated to resort to any extraordinary or unparliamentary wayes and means , for the raysing of money upon your people ; so they likewise acknowledg it to be their duties , to support and uphold , to the utmost of their powers , the honour and grandure of your majesties royal state and dignity . and for a further evidence of your commons dutifull affections to your majesties most dear and royal person , they have passed another bill , for the raysing of seventy thousand pounds for your majesties further supply ; all which bills i am commanded humbly to present your majesty withall , and to pray your gracious acceptance thereof , and your royal assent thereunto there are other bills likewise of publick concernment which have passed both houses , and do now attend upon your majesty , waiting for your royal assent . the one is intituled , an act for the attainder of several persons , guilty of the horrid murther of his late sacred majesty , your royal father of ever blessed memory . there is another bill intituled , an act for confirmation of leases and grants from colledges and hospitals . this will tend much to the quieting of many mens estates , that in the late unhappy times were enforced to renew , and change their estates much for the worse , were it not for the favour your majesty intends them in this bill . there is another bill to prohibit the exportation of wool , wooll-fells , fullers earth , or any other scouring earths , woollen manufactures , besides the duties they pay your majesty for your customs here at home , have great impositions laid upon them in forraign parts where they are vented : in the low-countries sixteen or seventeen per cent . and in portugal twenty per cent at the least . but those , who for their own private base filthy lucre sake , having no regard or respect unto the publick good , that steal over the materials of which those manufactures are made , pay not one penny either here or there , and by that means strangers do make those manufactures of our wool upon such easie termes , that they can afford and do under-sel your merchants , which is the occasion of a double loss . first , to your majesty in your customs , and in the next place to your people , who are thereby disheartened and discouraged , and in a short time , if not prevented , will be utterly beaten out of that ancient native staple trade , upon which many thousands of families do wholly depend for all their livelihood and subsistence . there is another bill intituled , an act for prohibiting the planting , setting or sowing of tobacco in england and ireland . this climate is so cold that it never comes to any maturity or perfection : for we find by experience , though it be never so well healed , made up with the greatest art and skil that possible can be , yet it is impossible , after it is made up into the roll , to keep it and preserve it from putrifying above three or four moneths at the most ; and therefore physitians , even those that love it best , and use it most , conclude generally , that it is unwholsome for mens bodies : besides many other great damages and inconveniencies will follow upon it , if it should be permitted . the abatement of your majesties custome , the destruction of your plantations abroad , the discouraging of navigation , and so consequently the decay of shipping , which are the walls and bulwarks of your majesties kingdom . there is another bill intituled , an act for the taking away the court of wards and liveries , together with tenures in capite , knight - service , tenures and purveyances . this bill ex re nata may properly be called a bill of exchange : for , as care is therein taken for the case of your people ; so the supply of that part of your majesties revenue , which formerly came into your treasury by your tenures , and for your purveyances , is thereby likewise fully provided for by the grant of another imposition to be taken upon ale , beer , and other liquors , to hold to your majestie , your heires and successors for ever : and yet they should not look upon the considerations mentioned in this bill , as a full compensation and recompence for your majesties parting with two such royal prerogatives and ancient flowers of your crown , if more were not implyed then is expressed . for , royal sir , your tenures in capite are not only turned into a tenure in soccage ( though that alone will for ever give your majestie a just right and title to the labour of our ploughs , and the sweat of our browes ) but they are likewise turned into a tenure in corde : what your majestie had before in your court of wards , you will be sure to find it hereafter in the exchequer of your peoples hearts the king of spaines mines will sooner deceive him , then this revenue will fail you : for his mines have bottomes , but the deeper your majestie sinkes your self into the hearts and affections of your people , the greater you will find your wealth to be , and the more invincible your strength . royal sir , we have nothing more to offer or to ask , but must conclude all our work this parliament with an humble and thankful acknowledgement of gods infinite goodness and mercie in restoring your majestie to your royal and imperial crown , throne and dignitie ; and for making you the restorer of that , which is dearer unto us then our lives , our religion ; in which through gods blessing and gracious assistance we are resolved to live and dye . as likewise for restoring us to our magna charta liberties having taken the charge and care of them into your own heart , which is our greatest security , and more then a thousand confirmations royal sir , you have denied us nothing we have asked this parliament ; indeed you have out-done your parliament by doing much more for us , then we could agree amongst our selves to ask , and therefore must needs be a happy parliament : this is a healing parliament , a reconciling peace-making parliament , a blessed parliament , a parliament , propter excellentiam , that may truly be called parliamentissimum parliamentum : no man can say , that hath made the most curious search into books or records , that there ever was such a parliament as this ; and it s our unspeakable joy and comfort that no man can say , so long as your majestie lives , but we may have such another ; for you have set your royal heart upon it , to do your people good . and as we have nothing more to say , so we have nothing more to do , but that which will be a doing as long as we have a being ; the pouring out our soules unto almighty god for your majesties long , long , long , and most happy , blessed , glorious and prosperous reign over us . london , printed by john bill , printer to the king' 's most excellent majesty , . at the kings printing-house in black-fryers . a true account and character of the times, historically and politically drawn by a gentleman to give satisfaction to his friend in the countrey. hall, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a true account and character of the times, historically and politically drawn by a gentleman to give satisfaction to his friend in the countrey. hall, john, - . n. ll. p. s.n., [london : ] caption title. a gentleman = john hall (cf. wing); signed at end: n. ll. imprint from wing. annotation on thomason copy: "aug: ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a true account and character of the times,: historically and politically drawn by a gentleman to give satisfaction to his friend in the cou hall, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true account and character of the times , historically and politically drawne by a gentleman to give satisfaction to his friend in the countrey . sir : vvith a gratefull acknowledgement of your manifold favours , &c. i cannot upon any occasion , but shew my prompt obedience to doe you service , and as part of it to continue my intelligence . truly , sir , in my judgment , the face of things hath not beene more distracted since the beginning of this impious war , then it is at this present . were tymanthous to draw it , we might well allow him a veyle , lest it too far orecome his art , and contristate the spectator . jealousies dayly heighten , new parties appeare , and new interests are discovered , that we seeme to oreact some wel contrived romance . in which , every page begets a new and handsome impossibility . such sicknesses have now seazed on the body politicke , that is nothing but crampes , convulsions , and fearefull dreames . but to come neerer an account , give me leave to represent unto you the present being of things , not gathered from any whispers , or rumors , which like broken glasses , offer a visage scattered into many peeces , and not to be collected into one . but out of the ground and maxims of the parties themselves , which give us the best light , both of what wee may thinke of the present , and thinke for the future . the kings party , which before these times was visibly overspread the face of the kingdome , and since the tumults were so formidable , that occasioned that unfortunate and costly counsell of calling in the scots , ( who neverthelesse were of very small action , saving that their reputation plucked up the spirits of the parliamentarians , and stopped newcastles progresse southward ) and brought over that profitable peece of tyranny , the excise . but the parliament fed by the city of london , ( which was unexhaustible , and contribution moneys fayling the king , and the countreys though excessively poll'd , not able to supply him ) the former party began to overweigh , and with their many victories confirmed these two sage maxims , that it is the safest way in a civill war to be seized of the metropolis : and the other , that people are never so forward , nor so daring , as to preserve or regaine their liberties . this party being quelled , ( and in it the bravest of the nobility and gentry brought on their knees ) the governement of the kingdome removed from white-hall to westminster , and from the privy counsell to the great counsell . now began the whole frame of state to bee taken in peeces : but it is easie for a childe to discompose a watch , but tantu●s non impossible to set it right againe . those offices which had meere dependance upon the prerogative , to be either deaded or layd asleepe , and all such as might advance popular liberty and ease revived , the ancient and happy government of justices of peace in their severall counties in a manner forgotten , and committees raised of men of contemptible condition , and till that time scarcely knowne . for the flower of the gentry having engaged in the other party , which was now so shattered , the parliament pretended there was not much security in their trust , who with sequestrators ( a vermine which might well make an eleventh plague in aegypt ) so handsomely behaved themselves , that under the pretence of the publicke , more scraped together visible estates , to the ruine of many fine families , it cannot be denied , but the sufferings of some of them before for the cause had beene high and exemplary . but when they were once to weile some power , their armes were too weake , and they strucke at randome , many times point blanke against law . for having beene men for the most part nuzzeled up under some non-conformist ministers , and by them a little enslaved in their consciences , they made little scruple of any thing that was in pursuance of so good a worke , especially back't with an ordinance of parliament , though flat against the reason and letter of the law . nay with such violence proceeded they , that some men out of bare suspicion , were outed of their livelihoods , and put to compound . but why doe i talke to you whose person and family have suffered so much by them , that i fear me 't will be a worke of difficulty to make you heare that which rationally might be said in their excuse . but the greatest alteration of all was , that though in the state we had some provision , yet for the church wee did like that foolish gentleman , who pull'd downe his house with an intent to repayre it , before he had another to put his head in , and this was that which left us open to so many stormes : for the parliament had some months before , first taking away the lordships , and then the dignities of bishops , with all their &c. called a synod , which being not generally chosen , but onely named by particuler members , was made up of a great many of none of the wisest clerks : men they were , who by their constant preaching in the dayes of the bishops , and withall some petty suffering , had gained the high esteeme of their electours , ( who never considered how weake and unfit they were for controversie , the chiefe end that brought them together . ) these being once warme set , and creeping into the fattest places that were left , most unhappily began a new modell of ecclesiasticall policy , which hath been a second cause of reviving our differences . a government it was which rather necessity then serious cause has brought upon some scattered churches abroad , who by reason of their dispersednesse and poverty , were never so wise as to know how incompatible it is with civill government . publique toleration it had only gotten in scotland ; but with what stirre it was attended in that kingdome , is not the present talke of this pen to declare ; but surely from the scotch coppy wee wrought out ours , the authors of it some doing out of episcopacy , some out of a desire of the thing it selfe , and some out of novelty . the houses seemed to countenance it , rather to settle mens mindes for the present , then any way leave such a burthen to posterity . but the king utterly disfavoured it , and there wanted not ministers of his party that were ready to shew the novelty and basefulnesse of that government to the full . nay to parallell it with episcopacy , taken in the worst sense , and to shew that a few years would render it more odious than the other had been in many centuries . but this rather confirmed those whom it found averse from it , then made any so . that which gave it the greatest streake was this ; five of the assembly who out of a panicke feare of the prelacy had slipped beyond se●s , had gathered together private congregations , and out of their liberality lived in such a height of pride and luxury , that that of the poet might be applied to them . exul ab octava marius bibit & fruitur diis iratis . these refusing to be cast in that mould , published a little booke called the apology , which was licenced by herle the chaireman , who by this justly incurred the odium of some of his hotter brethren , who disdained that hee should be successor to dr. twisse in that place . the booke was modestly penned , ( though herle himselfe confessed to me he modified many expressions ) and shewed what course they had taken in their transmarine churches , and from thence they rather wished a congregationall then parochiall way . this congregationall way never thought on till within a few yeeres , being free and leaving a scope to mens consciences , was much entertained by many sectaries ; nay some who carried only the characters of pious and orthodox , and some under the colour of it broached opinions which were as new as the government . this occasioned the detestable mr. edwards with a great deale of waspish and violent rancour to write his gangrena ; questionlesse this booke did a great deale of harme , for being full of falsities , and almost monkish forgeries did engage many to a justification , who it may be would otherwise after the first eventitation of their fancies have sate still . sir thomas fairefax his army was much composed of people , who were of the independent ( as they call it ) way , these muttered at this booke , and some proceedings of the same nature , insomuch , that the presbyterian party , which by some countenance of the state grew haughty , sought to oppose them , and in pursuance of it , wrought so farre upon the consciences of the aldermen and common-counsell ( men verst in little else but their trades , and utterly ignorant of state affaires ) though the greatnesse of their city sometimes engaged them , that they petitioned the parliament to disband the army , and to send the voluntiers out of it into ireland , under field-marshall skippon . the army repined at this , alledging that they who had served the state , with such fidelity and successe , ought not now to be slighted : this delaid their disbanding , and in the end caused them utterly to refuse it . now had the independents a visible party , and the best way to make it good , was either to close with the royallists , or else carry it by votes . to the former purpose , they seized of the king at holdenby by cornet joyce , who had beene taylor to mr. hollis , entertained him with a great deale of freedome , and gave countenance and hope to his party : to carry on the latter , they impeached eleaven members , of the choisest and wisest of the other party , the rather to take away their votes , then for any guilt of the men . others of the same party in the house seeing things so carryed , deserted it , and left the dominion of votes to them that staied . but the discountenanced parties were not idle all this while , but wrought so upon the city , that there was of a suddaine a great party petitioned the house for the recalling of the king , and entring in league for the pursuance , the house voted these mutinies treason . but they assuming courage , came in a rout to the house , and denyed egresse , till that the disposall of the militia was revoked , which the house pusillanimously obeyed . the king all the while carryed himselfe with patience , and his party are resolved to suffer as well as they have acted with their master . thus you have it historically , take politically these generall maxims . . it is a great argument of weaknesse in a state , when parties subdivide into such fractions , and every small party able to uphold it selfe and become terrible , while the greatest party is unable to move . . violent alterations , and taking away of one government , before they be certaine of another , are extreame dangerous , as also , . to suffer clergy-men to gaine upon the conscience too much in matters indifferent , for they are a race of people , who though they least ought , have ever the basest ends of their owne : and this their offending against knowledge is questionlesse the justice of providence , that they ran into contempt . . 't is dangerous to let the head city of a kingdome to grow so potent , for it will insensibly bring the rest under the slavery of a few prentises or mechanickes . . that the government of one comming into the hands of many , who are unskilfull pilots , is to be wished againe , though accompanied with some inconveniences . . men in a new government , had need be carefull who they employ , for the odium of their government falls upon them . . they neede to presse the people as little as they can , but if extremity force it , to satisfie them by faire accounts , and not lavish it upon one another by largesses . not to bring themselves into contemptible want , nor bring their thumbes under the girdles of their creditors . it is no great policy to give heterodox opinions life by opposition , nor to draw on the hate of a victorious army . for particular maxims : it is not conceivable the king will favour any party , but that which cometh honest to his principles . that party that does it , is not only sure of immunity , but reward . that sir thomas fairefax hath missed a good opportunity to doe it , and the distrust of the royalists will henceforth render him uncapable . if he had not gaind the major number of votes , he had questionlesse done it . this new party of london , it s to be feared , have too much of the presbytery to be true to the prerogative . that if things had beene carried by the parliaments party with moderation , things had beene in a calmer condition then now . the kings party have had some faylings , and so have the parliaments , but this is the first of the city , if it bee not favoured with successe , which cannot in much reason bee promised it . that edwards and burges and some of the hotter spirited men deserve punishment as incendiaries . that the presbyteriall government is incompatible with our civill government . that regard to tender consciences , is as necessary as a generall consideration would be inconvenient . that most of the kingdome seeme to breath after a moderate episcopacy . that the king seemes to have this advantage by all his troubles , that he hath shewed to the world the incomparable excellencies that are in him , and extorted a confession even from his enemies . that the queene taking her at the worst morally , as faithfull to her husband , and industrious in carrying on her designes , is the best in all the catalogue . . that learning hath incomparably sufferred by these times , and t were good to cherish it lest the next age feele a decay . . that it were a good way to mollifie peoples minds to suffer play-houses againe , and that it would be a considerable addition to the education of the gentry . . that it is a brave and a gallant way to peace , to extinguish the names of parties , and not to discountenance malignants . that all branches may at last be recollected in the same boate . thus sir have i with as much faith and simplicity as i can opened unto you my thoughts . i am the least of men , and man indeed can see little , what he sees behinde is from histories , and these either maimed or false ; what for the present , either by his owne observation , or partial intelligence , but for the future he hath no helpe , but the comparison of what is past ; 't is gods great prerogative , and fit for only such busie pieces of ignorance as lily to prie into . things may as soone alter , as you can burne this paper , which kisses your hands from , your affectionate humble servitour . n. ll. whereas we are informed that to the disadvantage of his majesties service, divers officers of his majesties army in this kingdom do absent themselves from their several quarters without our license, and whereas upon the accompt of the last harvest ... by the lord deputy generall of ireland, ossory. ireland. lord deputy. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas we are informed that to the disadvantage of his majesties service, divers officers of his majesties army in this kingdom do absent themselves from their several quarters without our license, and whereas upon the accompt of the last harvest ... by the lord deputy generall of ireland, ossory. ireland. lord deputy. ossory, thomas butler, earl of, - . broadside. j. crook, [dublin : ] title from first lines of text. statement of responsibility transposed from head of title. imprint suggested by wing. "given at his majesties castle of dublin the th day of january, " [ ] reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lord deputy generall of ireland . ossory , whereas we are informed that to the disadvantage of his majesties service , divers officers of his majesties army in this kingdom do absent themselves from their several quarters without our licence , and whereas upon the accompt of the last harvest , which did require the personal oversight of several of the said officers having estates and tillage remote from their quarters , as also considering that divers of them may have necessary occasions to attend in dublin this term , we have been pleased to dispence with their attendance upon their duty in those times , whilest other competent officers were with their troops and companies ; now we think fit and do hereby require and command , that all and every the said officers which at the present are absent from their quarters shall return thereunto respectively , before the four and twentieth day of february next , notwithstanding any licences of absence formerly granted , and not depart from their several quarters without licence to be obtained from us , to such purpose ; and we do declare that if any of the said officers shall in any sort contemn or transgress what we have hereby commanded , such officer or officers shall be dismissed from imployments in his majesties army , whereof we require all persons whom it may any way concern to take due notice . given at his majesties castle of dublin the th day of january , . the antiquity and dignity of parliaments written by sir robert cotton. cotton, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the antiquity and dignity of parliaments written by sir robert cotton. cotton, robert, sir, - . [ ], p. printed for norman nelson ..., london : . reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- history. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion the antiquity and dignity of parliaments . written by sir robert cotton . london , printed for norman nelson at grays-inne-gate in holbourn , anno domini . that the kings of england have been pleased , usually to consult in the great council of marriage , peace and war , with their peers and commons in parliament . to search so high as the norman conquest , that is necesary to lay down the form and government of those times , wherein state-affairs were led in another form of publick councils : for the people wrought under the sword of the first william , and his followers , to a subjected vassallage , and could not possess in such assemblies , the right of their former liberties , division and power having mastered them , and none of their own nobility and heads being left , either of credit or fortunes . what he retained not in providence , ( as the demesnes of the crown ) or reserved in piety , ( as the maintenance of the church ) he parted to those strangers that sailed along with him , in that barque of his adventure , leaving the natives for the most part , ( as appeareth in his survey ) in no better condition than villainage : he moulded their customs to the manner of his own countrey , and forbare to grant the laws of holy edward , so often called for . to supply his occasions of men , money and provision , he ordered , that all those that enjoyed any fruit of his conquest , should hold their lands proportionable by so many knights fees of the crown , admitted them to enfeoff their followers , with such parts as they pleased of their own portions ; which to ease their charge , they did in his and his sons times , by two enfeoffments , the one de novo , the other de veteri . this course provided him the body of the war ; the money and provision was by head-age assessed on the common people , at the consent of the lords , who held in all their seigniories such right of regality , that to their vassals , as paris saith , quot domini , tot tyranni , and proved to the king so great a curb , and restraint of power , that nothing fell into the care of his majesty after , more than to retrench the force of his aristocoited , that was in time like to strangle the monarchy . though others foresaw the mischiefs betimes , yet none attempted the remedy , until king john , whose over-hasty undertaking , brought in these broyls of the barons wars . there needed not before this care , to advise with the commons in any publick assembly , when every man in england , by tenure , held himself to his great lord's will , whose presence was ever regnized in those great councils , and in whose assent , his dependant tenant's consent was ever included . before this king's time then , we seek in vain for any commons called ; they were ever called for making of laws , but not to consult touching war or peace : he first , as may be gathered , ( though darkly by the records ) used their counsels and assents in the th . year of his reign . here is the first summons in record to the peers or barons : tractatur de magnis & ardinis negotiis : it was about a war of defence against the french , and at that time the commons were admitted . as this time that may fitly be gathered by this ordinance , provisum est communi assensu archiepiscoporum commotium , barronium & omnium fidelium nostrorum angliae quod novem milites per angliam inveniend . de communi ro. and this was directed to all the sheriffs in england , the ancient use in publick laws . from this there is a break , until hen. . where the next summons extant is in a plea-roll of that year ; but the ordinances are lost , from thence the record affords no light , until the th . of the same king , where then the summons to bishops , lords , knights and burgesses , are much in manner , though not in matter , alike to the use of our times . this parliament was called to advise with the king , pro pace asseveranda & firmanda , they are the words ; and where advice is required , consultation must be admitted . to this king succeeds edw. i. his son a wise , a just , and a fortunate prince : in his reign we have no light of any publick counsel in this kind , and so along to the th . of his grandchilds reign , but what we borrow in the rolls of summons , wherein the form stood various according to the occasions , until that grew constant in the form that 's now about the entring of rich. ii. the journal rolls being spoiled by the injury of time , or private ends. the king in the th . of his reign , called a parliament , and therein advised with his lords and commons , for the suppressing i luellin , prince of wales ; and hearing that the french king intended to some pieces of his inheritance in france , summoned a parliament , ad tractandum , ordinandum , & favendum cum praelatis proceribus & aliis incolis regni qualibet hujusmodi periculis , & excogitatis militiis sic abjurand . inserting in the writ , that that was lex justissima provida circumspectione stabilita ; that that which omnes tangit ab omnibus approbetur , in the th . of his reign , super ordinatione & stabiliamento regni scotiae , he made the like convention . his son , the ii. edw. pro solempnitate sponsialum & coronaronis , consulted with his people in his first year ; in his th . year , super diversis negotiis statum regni & expedtione guerrem scotiae specialiter tangentibus , he assembled the state to advise ; the like he did in his th . year . the french king having invaded gascoigne , in the th . year of the parliament , was called , super ordinis negotiis statum ducatus gasconiae tangentibus ; and in the th . to consult , ad refraenandum scotorum obstinantiam & malitiam . before edw. iii. would resolve in his first year , whether peace or war with the scots king , he summoned the peers and commons , super praemissis tractare & consilium impendere . the chancellor , anno . declareth from the king the cause of that assembly , and that that was to consult and resolve , whether the king should proceed with france , for the recovery of his seigniories , by alliance of marriage , or by war ; and whether to redress the disobedience of the irish , he should go thither in person or no. the year following he re-assembled his lords and commons , and requireth their advice , whether he should undertake the holy expedition with the french king or no ; the bishops and proctors of the clergy would not be present , as forbidden by the commons such counsels : the peers and commons consult , applauding the religious and princely forwardness of their soveraign to this hard enterprize ; but humbly advise forbearance this year , for urgent reasons . the same year , ( though another sessions , ) the king demanding the advice of his people , whether he should pass into france , to an enterview , as was desired , for the expediting the treaty of marriage : the prelates by themselves , and the earls and barons by themselves , and the knights of the shires by themselves , consult apart , ( for so is the records ) and in the end resolved , that to prevent some dangers likely to arise from the north , that would please the king to forbear his journey , and to draw towards those parts where the perils were feared , his presence being the best prevention ; which advice he followed . in the following parliament at york , the king sheweth , how by their former advice , he had drawn himself towards the north parts , and now again he had assembled them , to advise further for his proceedings . to which the lords and commons having consulted apart , pray further time to resolve , until a full assembly of the state : to which the king granting , adjourneth that sessions . at their next meeting , they are charged upon their allegiance and faith , to give the king their best advice . the peers and commons ( consulting apart ) delivered their opinions , and so that parliament ended . in the th . year , the grandees and commons are called to consult and advise , how the domestick quiet may be preserved , the marches of scotland defended , and the sea scowred from enemies : the peers and commons ( having apart consulted ) the commons desire not to be charged to counsel in things , des queux ils neut pas cognisaux , answer , that the guardians of the shire , assisted by the knights , may effect the first , ( if pardons of felony be not granted ) the care of the marches they humbly leave to the king and counsel ; and for the safeguard of the seas , they wish that the cinque-ports and maritime towns , ( discharged for the most part from many burthens of inland parts ) may have that left to their charge and care ; and that such as have lands near the sea-coasts , be commanded to reside in those possessions . the parliament is the same year re-assembled to advise , de expeditione guerre in partibus transmarinis . at this assembly ordinances are made for provision of ships , arraying of men for the marches , and defence of the isle of jersey , naming such in the record , as they conceived for the imployments . the next year , de la poole accounteth the expences of the war ; a new aid is granted , and by several committees , ( in which divers were named , that were not peers of parliament ) the safeguard of the seas , and defence of the borders , are consulted of . in the th . year , assensu prelatorum , procerum , & aliorum de consilio , the king's passage into france is resolved of . in anno . badlesmore , in the place of the chancellor , declareth to the peers and commons , that whereas by their assents , the king had undertaken the wars with france , and that by the mediation of the pope , a truce was offered , which then their soveraign forbare to entertain , without their well allowance . the lords apart consult ; and also the commons , returning by sir william trussel , in answer to their advice and desire to compose the quarrel , approve the truce , and the pope's mediation . the pope's undertaking proving fruitless , and delays to the french advantage , who in the mean space , ( with scotland and others ) practised to root out the english nation ; in france , the king again assembled his parliament the year following : in which the peers and commons , after many days of deliberation , resolve to end that , either by battel or peace , and no more to trust to the mediation of his holiness . in the th . the chief justice thorpe , declaring to the peers and commons , that the french wars began by their advice . first , the truce , after by their assents accepted , and now ended , the king's pleasure was to have their counsels in these prosecutions : the commons being commanded , y ils se devoirent ensemble & si ils assent le devoirent nostre au roy & all grandees de son counsel , who after four days consulting , humbly desire of the king , that he would be advised herein by his lords , and others of more experience than themselves in such affairs . to advise the king the best for his french imployments , a parliament was summoned , anno . wherein the king by a more publick dispatch , willeth the commons to elect twenty four , or thirty , of their house , to consult with the lords ; these to relate to their fellows , and the conclusion in general , by the lords to the king. in the th . a great counsel is assembled , many of the lay-peers , few of the clergy , and of the knights of the shires , and burgesses , but one a piece . this was for the prosecution of the french wars , when honourable following . a truce being offered , the king forbare his peers and commons , which they in parliament accorded unto before the pope's notary , by publick instinct . the dallying of the french king , in conclusion of peace , and the falling off of the duke of britain , ( having wrought his end with france , by reputation of the english succour ) is the year following declared in parliament , and their advice and aid required for the king's proceedings . in the th . year , he calleth his parliament to consult , whether war or peace , ( by david king of scots then offered ) should be accepted . in the th . year , the pope demanding the tribute of king john , the parliament assembled , when after consultation apart . the prelates , lords and commons , advise the denial , although it be by dint of sword. in the d . the king declared to the peers and commons , that the french , against the articles of the truce , refused payment of the moneys , and delivery of the towns , summoning la brett , and others of the king's subjects in gascoin , to make at paris their appeals , and had forraged his countrey of poitgers , requiring ( in their breach ) whether he might not regain hit style of france . the lords and commons had apart consulted ; they advised the king to both , which he approving , altered the inscription and figure of his style . two years after , it was declared to the peers and commons , that by their advice , he had again resumed the style and quarrel of france , and therefore called their advice , for the defence of the realm against the french , securing of the seas , and pursuing of the wars ; of which they consult and resolve to give the king an aid . the like councel and supply was the very next following . in the . a parliament to the purpose of the former two was summoned ; and the year following the king in parliament declaring how the french had combined under hand against him with spain and scotland ; required their advice how peace at home , territories abroad , security of the seas , and charge of the war might be maintained . i have the longer insisted in observing the carriage of those times , so good and so glorious ; after ages having not left the journal entries of parliament so full , which with a lighter hand i will pass through . richard the d . his grand-child succeeded to the crown and troubles , having nothing worthy his great fortunes but his birth : the first of his raign he pursued the steps of his wise grand-father , advising with his peers and commons how best to resist his enemies that had lately wronged many of his subjects on the sea coasts . in the second year he again consulted with his people how to withstand the scots , who then had combined with the french to break the truce . in the third year calleth the advice of his parliament how to maintain the regality impaired by the popes provisions , how to resist france , spain and scotland , that had raised wars against him , how to suppress his rebells in guzen and ireland , and to defend the seas . in the th . year of his raign he calleth the like at windsor ; the year following in a great councel the king having proposed a voyage royal into france ; now called his parliament to determine further of that : and that is worth observation , that for the most part , before any proposition of war or peace were vented to the commons ; a debate thereof proceedeth in the great councel to shape that fitter for popular advice . the quarrel with spain continuing , the duke of lancaster offereth a voyage against them , so the state will lend him money ; after consultation they grant an aid , but not to bind them to any continuance of war with spain . in the sixth , the parliament was called to consult about the defence of the borders , the kings possessions beyond the seas , ireland and gascoigne , his subjects in portugal . the lords approve the dukes intention for portugal , and the commons advise that the bishop of norwich having the croycery , should invade france . the same year the state was re-assembled , to consult whether the king should go in person to rescue gaunt , or to send his army . the commons after two days debate , crave a conference with the lords ; the effect is not entred in the roll , only they by sir thomas fuckering their speaker , protest , that counsels of war did aptly belong to the king and his lords : yet since the commons were commanded to give their advice , they humbly wish a voyage royal by the king ; if not , that the bishop of norwich might , with the advantage of the pope's croycery , be used in that service , who accepted the charge with ill success . here further the commons pray , that the king's uncle should not be spared out of the realm , before some peace was settled with the scots , and that the lord delaspar , sent with provisions of peace from spain , might first be heard . the chancellor , in the th year , in the name of the king , willeth the lords apart ; and so the commons do consult , whether peace or war with scotland , or whether to resist or to assail the king's adversaries of spain , france , or flanders . their opinions are not entred in the rolls , ( an omission usually by the clerk his neglect ) only their petition is recorded , that the bishop of norwich may account in parliament the expence of the money , and be punished for his faults , in the service he undertook ; both which are granted . at the next sessions , the same year , the commons are willed to advise upon view of the articles of peace with the french , whether war , or such amity should be accepted . they modestly excuse themselves , as too weak to counsel in so weighty causes : but charged again , as they did tender the honour and right of the king , they make this answer , yils intrudont que astmis services terres y mesne lour leige anecoit ore per testarior in guyen si serront tenus del roy francois per tril sernior la villa de callis & auter terres acquise & conquise des francois per les fore neue verroit la commen y aniuse aiust fait si autrement preroit been faire , giving their opinions rather for peace than war. peace with france not succeeding , the th . year the body of the state was called to advise , whether the king in his own person , or the sending of forces against the french , spaniard , flanders and scotland , should proceed . the king having assembled at oxon , his great counsel , to advise whether he should pass the seas or no with an army royal ; and they not daring to assent without a greater counsel , a parliament , the th year , was called , to have the advice of the commons as well as the lords , how the realm should be governed in 〈◊〉 soveraign's absence . the truce with france now near expired ; the parliament was called in the th . year , to advise upon what conditions it should be renewed , otherwise how the charge of war should be sustained . at this assembly , and by consent of all , the duke of lancaster is created duke of aquitain ; the statutes of provisions now passed ; the commons are named partly in the letter to the pope . the year succeeding , a parliament is called , for that the king would have the advice of his lords and commons for the war with scotland , and would not without their counsel , conclude a final peace with france . the like assembly for the causes , was the year ensuing . the commons humbly desire the king , to use a moderation in the law of provision , so that the statute upon their dislike may again be exempted ; and that to negotiate the peace with france , the duke of aquitain may rather than another be imployed . to consult of the treaty with france for peace , the king in the th . year calleth a parliament ; the answer of the lords is left un-enter'd in the rolls . the commons upon their faith and allegiance charged , advise , that with good moderation , provision may be made for guyen , an apendage of the french crown , so it trench not to involve the other pieces of the english conquest . their answer is large , modest , and worthy to mark . now succeeded a man that first studied a popularity , as needing all to support his titles : he in the th . year calleth a parliament , to repress the malice of the duke of orleans , and to advise for the wars in ireland and scotland ; neither counsels nor supplies are entred into roll ; and to resist an invasion intended by france and britain , he assembleth the state again . the like was the two years following for france . in this the commons confer with the lords for guard of the sea , and make many ordinances , to which the king assented : the peace with the merchants of pruce , and the hanse-towns , is debated , and a proclamation published , as they resolved by the speaker . the commons complain of pieces of ordnance lost in guyen the year before ; the need of the defence of the borders , and guard of the sea-coasts , to suppress the rebellion in wales , and disloyalty of the earl of northumberland : they humbly desire , that the prince may be dispatched into those parts with speed , and that the castle of the key of three realms , might be left to the care of the english , not to charles navarr , a stranger , and to have a diligent eye of the scottish prisoners . in the th . year a parliament is called , and the commons commanded to give their advice about the truce of scotland , and preparation against the malice of the french. his son , the wise and happy undertaker , consulteth with the parliament in his first year , how to cherish his allies , and restrain his enemies . for this there was a select committee of the commons , appointed to confer with the lords ; the matter being entred into scedule touching ireland , wales , scotland , calis , guyen , shipping , guard of the seas , and warry provision to repulse the enemy . in the d . he openeth to the parliament his title to france , a quarrel he would present to death , if they allowed and aided ; death in this assembly enacted to all , that either break the truce , or the king 's safe conduct . the year following , peace being offered by the french king , and the king of the romans , armed to effect the work ; the king refused any conclusion , until he had had thereunto the advice and assent of his lords and commons ; for which occasion the chancellor declareth it to that assembly . in the th . and th . year , no peace concluded with france , he calleth the state together to consult about the war , concluding a treaty of amity with sigismond , king of the romans , by the allowance of the three estates , and entreth articles in the journal roll. the same year , by the duke of bedford , in the king's absence , a parliament was called to the former purpose , as appeareth by the summons , though in the roll omitted . the like in the th . year . the treaty with france is by the prelate , nobles and commons of the kingdom , perused and ratified , in the th . of this king. this son , more holy than happy , succeeded , advised in the d . year with the lords and commons , for the well keeping of the peace with france , consulteth with them about the delivery of the scottish king , and the conclusion of it is confirmed by common assent . and in the third year they are called to advise and consent to a new article in the league with scotland for charge of hostages . and in the ninth year conclude by name of certain persons to treat a peace with the dauphin of france . the treaty of arras , ( whether the pope had sent as mediators two cardinals ) not succeeding , the king in parliament ( in anno . ) sheweth that he must either loose his title and kingdom of france , or else defend it by force ; the best means for prevention whereof , he willeth them to advise him . he summoneth again the next year the council , how the realm might be best defended , and the sea kept safe against the enemies . in the th . the commons exhibit a bill for guard of the sea ; a certain number of ships assess wages , and dispose of prizes , if any fortune ; to which the king accordeth : and that the gronowayes may be declared enemies for assisting the turk in the spoil of the rhodes knights ; and that the priviledge of the prince and hance towns may be suspended , till composition be made to the english for wronger they have done them . to which in part the king accordeth . the king by the chancellor declareth in parliament , that the marriage with margaret the king of sicily's daughter , was contracted for enducing the peace made with the french , to which the lords ( not by their advice effected ) make protestation , enter it upon the roll. the king intending to pass in person into france , then to treat of peace with the king , advises with his lords and commons in parliament ; and letters of mart are granted against the britains for spoils done to the english merchants . the lord hastings and the abbot of glocester declared in parliament the preparation of the french , the breach by them of the peace , the weak defence of normandy , and expiration shortly of the truce ; requiring speedy advice and remedy . it was enjoyned the parliament to provide for the defence of the sea and land against the french. it was commanded by the king to the states assembled , to advise for the well ordering of his house , payment of his souldiers at calice , guard of the seas , raising of the siege at berwick made by the scots against the truce , disposing of the souldiers arayed the last parliament , according of differences amongst the lords , restraining transportation of gold and silver , and acquiting the disorders in wales ; of all which committees are appointed to frame bills . edward the th . by the chancellor declareth to the lords and commons , that having peace with the scots , entred league with spain and denmark , contracted with burgundy and brittain for their aid , in recovery of his right in france ; he had now assembled them to give their advise and counsel therein proceeding , with a charge in a second session again pressed them . the like was at another parliament . after this time the journalls of parliaments have been either not well preserved , or not carefully entred : for i can find of this nature no record , until the first of hen. the th . wherein the commons , by thomas lovel their speaker , petitioned the king to take to wife elizabeth the daughter of edward the th . to which at their request agreeth . the next is the third of henry the th . in which , from the king the chancellor delivereth to the three estates the cause of their assembly . the first to advise a course for resisting the invasion of the scots : next how to acquit the quarrel between the king and the castiles , and the duke of guilders . lastly , for resisting the pope against lewis of france , whose bull expressing the injuries done to the see apostolique , was read by the master of the rolls in open parliament : the chancellor , treasurer , and other lords sent down unto the commons to confer thereof . the last in the . where the chancellor remembring the many troubles the state had undergone in doubtful titles of succession , declareth that the convocation had judged void the marriage with anne of cleve ; yet the king would not proceed without the counsel of the three estates . the two archbishops are sent to the commons with the sentence sealed , which being read , and there discussed ; they pass a bill against the marriage . in all these passages of publick councel , wherein i have been much assisted by the painful labours of mr. elsing clerk of the parliament , i still observe that the soveraign lord , either in best advice , or most necessities , would entertain the commons with the weightiest causes , either forraign or domestick , to adapt and bind them so to readiness of charge ; and they as warily avoiding to shun expence : their modest answers may be a rule for ignorant liberty to form their duties , and humbly to entertain such weighty counsels at their soveraigns pleasure ; and not out of the wild sin of any factious spirits . i will only add one forraign example , to shew what use hath been formerly made of pretended marriages , and of parliaments to dissolve them , their first ends served . maximilian the emperor , and ferdinand of spain ; the one to secure his possessions in italy , the other to secure the kingdom of navar : to both which the french king stood in the way , projecting a marriage of charles the grand-child with mary the king of england's sister : it was embraced a contract , per verba de presenti , passed , and a book published , of the benefit and liberty to ensue the christian world by this match . upon this ground ferdinand begins to incite king henry the th . to war in france ; presents him with succour , designs him guyen to be the mark : dorset is sent with men and munition to joyn with the spanish forces . then on the borders of navar the noise is , they come to assist ferdinand in conquest of that kingdom , which ( though false ) gain such reputation , that albird was disheartned , and ferdinand possessed himself of that which his successors since retained , his ends served ; the english army in the depth of winter , weak and weather-beaten , are returned fruitless . maximilian then allureth the young and active king to begin with france on the other side turway ; and turway is now the object whether henry the th . goeth with victory , but advised with that pittance , maketh an end with france , whose eye and heart was set on maximilian . a new bait the old emperor casteth out to catch the ambitious young man : he will needs resign unto him the empire , too heavy for his age to bear . the cardinal sidanensis is sent over to sign the agreement , ( which he did ) and france must now again be made an enemy . to prevent this danger , france releaseth his title to naples and offereth his infanta lampsia to maximilian's grand-child , charles of noyen . this is acted in the dark ; and at arno the french commissioners come up the back stairs with . and the ingrossed covenants , when they abused the king of england's ambassadors ; a pace went down the other way . the lord cardinal returneth home , meeteth by the way the fowl play of his master , and writ to the king of england ; not in excuse , but in complaint , contra per fideam principium , an honest servant . ferdinand and maximilian dead , francis and charles are competitors for the empire . henry the th . is courted for his help by both , the one with tye of alliance ( for the infanta , dauphin had offered to henry the th . the other with the like ; the one will make his daughter a queen in present , which the dauphin cannot do ; and by his favour an empress . to further francis , was but to win ambition , to prey upon all his neighbours . the english is won , and winneth for spain , all the imperial wealth , which charles ( in two letters i have of his own hand ) then thankfully confessed . from aquisgrave he cometh crowned in haste to england ; weddeth at windsor the king's daughter ; contracteth to joyn in an invasion of france ; to divide it with his father-in-law by the river of rhodines ; and sweareth at the altar in pauls to keep faith in all . burbon is wrought from france , and entreth the province with an army , paid with king henry's money ; suffolk passeth with the english forces by picardy : but charles the emperor , who should have entred by gwyen , faileth , drawing away burbon from a strait siege of massels , to interrupt francis , then entred italy ; and so the enterprize of france is defeated . the french king is at pavy taken prisoner by pescaro , led to genoway , carried into spain by the emperor's galleys , and forced at madrid to a hard bargain , without privity to hen. . or provision for him , who had born the greater charge of that war. now the emperor effecteth that monarchy , that hath ever since ( as some say ) infected the austrian family of rome ; the fatal old seat of government , must be the seat of this new empire ; burbon , and after moncado , are directed to surprize it ; angelo , the observant frier , is sent before ; a pope confined by the emperor's election , who meant ( as his own instructions warrant ) to restore that right again to the imperial throne . charles will follow from batalona with the army , but before he must call a parliament at tolledo : here , whether by direction or affection , i dare not discuss , that assembly maketh protestation against their master's marriage with england , and assigneth him isabella of portugal for a wife . the instrument is sent , signed by the imperial notary , to hen. . and charles bemoaneth the strait he is forced unto by them : and before all this , he had wrought from rome a dispensation for his former ally and marriage , sending not long after gonsades fardinand his dolphin , to incite the earl of desmond in ireland , and inviting james the th . ( by promise of marriage , to christian , the king of denmark's daughter , his neece ) to enter the english borders , to busie the english king , for asking a strict account of that indignity . hen. . with providence and good success , and by the league of italy , in which he was made caput feodoris against the emperor ; he inforceth him to moderate conditions , at the entreaty of cambray , . i may end your honours trouble with this one example , and with humble prayer , that the catholick king may either have so much of princely sincerity , as not to intend the like , or my good and gracious master a jealous vigilance to prevent , if he should , &c. robert cotton . finis . notes, typically marginal, from the original text notes for div a -e william the conqueror . dooms-day book . admerus . huntington . ex libro feodaris in scaccio . hen. . statut. ex libro rubro scaccio . cronicom de dnustable . benedict monard in vita hen. . claus. . in dorso . paris . ro. . in dorso . claus. . hen. in dorso . edw. i. ex rot. parl. in archivis london . claus. . edw. i. in dorso . claus. . edw. i. m. . in dorso . claus. . ed. i. in dorso . edw. . claus. . m. claus. . m. claus. . m. claus. . m . in dorso . claus. . m. edw. . claus. . rot. parl . parl. edw. . rot. parl. edw. . sess. . m. . rot. edw. . sess . parl. edw. . m. . rot. parl. edw. . sess. . parl. edw. . parl. edw. . parl. ed , . parl. edw. . parl. ed. . parl. ed. parl. ed. . parl. ed. . parl. ed. . parl. ed. parl ed . parl. ed. . parl. ed. . rich. . parl. . m. . a. . parl. rich. . m. . parl. rich. . m. , . urban . . parl. rich. . m. , . parl. rich. . sess. 〈◊〉 . a. parl. rich. . sess. . parl. rich . sess. . a. parl. rich. . sess. . claus. rich. . claus. ric. parl. rich. rot. claus. rich. . boniface . parl. rich. parl. rich. hen. . parl. . parl. hen. . parl. hen. . m. , . claus. hen. . 〈◊〉 〈◊〉 . parl. hen . hen. . parl. . n. . parl. hen. parl. hen. parl. & hen. . parl. hen. parl. hen. . rot. parl. hen. . hen. . rot. par. hen. . rot. parl. hen. . hen. eugenius . parl hen. parl hen. . anno h. . anno h. . anno h. . anno h. . anno h. . ed. . anno . anno ed. . hen. . hen. . rott . parl. . hen. . julius . rott . hen. parl. ex instrument . original . extract . original . . extract . orig. , . ex literis car. regis hisp. ex literis car. impr. orig. extract widosil . ex o●●● . instr. ex literis ri●i p●●● . & joh russel . extract . madrid . . ex rot. comp. russello & pacis . ex instrum . carol. . emp. ex instrum . hen. . brian & gardian ex literis frenston epicond . legat . h. . in hasp . ex protestat . orig. tolledo parl. ex literis car. wol. & grego . gassalis infra . & sign . carol. emp. quozag . fiend . capl suo . dat. feb. ex libro n. n. n. d. carer . ex literis in a com. northum custo march. scotiae . extract . orig. in archimis westm. extract cambreu . . the naked truth of the distillers case humbly offered to the consideration of the honourable house of commons, by a well=wisher to the distillers and the nation. well-wisher to the distillers and the nation. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the naked truth of the distillers case humbly offered to the consideration of the honourable house of commons, by a well=wisher to the distillers and the nation. well-wisher to the distillers and the nation. sheet ([ ] p.) s.n., [london? : ?] docket title: distillers case. imprint from wing. reproduction of the original in the lincoln's inn library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons -- early works to . distillation -- economic aspects -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the naked truth of the distillers case , humbly offered to the consideration of the honourable house of commons , by a vvell-wisher to the distillers and the nation . i. if this bill is passed for the prohibiting the distilling of spirits or brandy from malt , they will suffer some damage by the houses and works some have built , to the greatly inriching of themselves , as they connot but own . ii. they must also confess ( that notwithstanding whatever pretences they make ) their great working of malt hath occasioned the dearness of both that and wheat ; the farmers having turned their lands , to improve barley , which was before imployed for wheat . iii. they also know well , that if this bill pass , that tillage will not suffer ; for then more beer will be brewed , to the increase of excise and the expence of malt , and the help of those poor who are now forced to drink water and eat grains . iv. that rather then to have this bill pass , they will be contented to have l. per ton duty on brandy distilled from malt ; for then they will gain much more money than the brewers ; although it be retailed at the price it hath been and now is , as appears by the calculate here-under : if good malt cost s. per quarter , quarters will make l - - a ten , or gallons of spirits , which will cost — admit it paid duty — l. - - and charge of working , as fire , &c. is — l. - - so a ton will cost — l. - - this sold by the distillers at s. d. per gall. amounts to l. s. so their grain is about l. s. per ton of a quick return and ready money commodity . the midling tradesman may sell it to the retailer for ● per gall. and get or l. per ton. the retailer may sell it as they do now , for d. per quarter of a pint , which is l. per ton , and get l. per ton , and if for / d. per quartern , their profit will be l. per ton ; but the former profit is enough for a quick return , and what the brewers would be glad to have . v. they distill form malt at present , not less then ton per week ; which would produce almost l. per annum to the king , and might raise a good fund to be appropriated as this honourable house shall think fit ; this would do good , and hurt no one . vi. that an effectual way to prohibit the exportation of malt spirits , is to lay a duty thereon for a time , and take off the bounty money . a declaration of the lords and commons assembled in parliament. that none shall be elected into any office whatsoever, that hath been in the kings army, ayding or assisting the enemy against the parliament, within the kingdom of england, dominion of wales, and town of berwicke. die jovis septemb. . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament. that none shall be elected into any office whatsoever, that hath been in the kings army, ayding or assisting the enemy against the parliament, within the kingdom of england, dominion of wales, and town of berwicke. die jovis septemb. . england and wales. parliament. sheet ([ ] p.) for john wright, at the kings head in the old bailey, printed at london : . no person that hath been in arms against the parliament, etc. may be elected mayor or any officer in england and wales; if elected the election is void. this does not extend to persons who have been discharged from seqestration -- cf. steele. order to print signed: jo. brown cler. parliament. annotation on thomason copy: " ber [i.e. september] ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . royalists -- england -- th century -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament. that none shall be elected into any office whatsoever, that hath been in the england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . that none shall be elected into any office whatsoever , that hath been in the kings army , ayding or assisting the enemy against the parliament , within the kingdom of england , dominion of wales , and town of b●rwicke . die jovis septemb. . be it declared , ordered , and ordained by the lords and commons in parliament assembled , that no person whatsoever , that hath been in armes against the parliament , or hath been ayding or assisting the forces of the enemy , or hath been , or is sequestred , shall be elected , or constituted mayor , alderman , bailiffe , sheriffe , justice of peace , steward of any court , constable , or any other officer in any county , city , borough , or towne corporate , within the kingdome of england , dominion of wales , and towne of berwicke ; and in case any such persons as aforesaid be elected into any of the offices aforesaid , in any of the aforesaid places ; the lords and commons doe declare all such elections to be voyd and null ; provided , that this shall not extend to any person or persons who have been , or shall be unduely sequestred as delinquents , and have been , or shall be therefore discharged of the said undue sequestration , by both houses of parliament , or by the lords and commons for sequestrations . die jovis septemb. . ordered by the lords assembled in parliament , that this declaration concerning the election of officers be forthwith printed and published . jo. brown cler. parliament . printed at london for john wright , at the kings head in the old bailey . . the names of the lords spiritual and temporal vvho deserted, (not protested) against the vote in the house of peers, the sixth instant, against the vvord abdicated, and the throne vacant, in the same method as they entered their names in the journal book. nalton, james. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing n a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the names of the lords spiritual and temporal vvho deserted, (not protested) against the vote in the house of peers, the sixth instant, against the vvord abdicated, and the throne vacant, in the same method as they entered their names in the journal book. nalton, james. sheet ([ ] p.) s.n.], [edinburgh : re-printed in the year, . caption title. imprint from colophon. author's name from wing. also includes "a form of settling the crown and succession agreed on in the house of commons, and by them communicated to the house of lords for their concurrence." reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng william -- iii, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- revolution of -- sources. broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion the names of the lords spiritual and temporal , vvho deserted , ( not protested ) against the vote in the house of peers , the sixth instant , against the vvord abdicated , and the throne vacant , in the same method as they entered their names in the journal book . somerset . exeter . clarendon . bp. of winchester . a. bp. of york . bp. of lincoln . aylsbury . bp. of norwich . bp. of chichester . bp. bath and wells . bp. of st. davids . bp. of peterborough . bp. of gloucester . nottingham . litchfield . rochester . feversham . berckley . bp. of landaff . dartmouth . griffin . bp. of bristol . pembrook . ormond . beauford . brook. jermayne . scarsdale . maynard . northumber land . arundel . chandois . leigh . delaware . grafton . abingdon . craven . a form of settling the crown and succession agreed on in the house of commons , and by them communicated to the house of lords for their concurrence . having therefore an intire confidence , that his highness the prince of orange , will perfect the deliverance so far advanced by him , and will still preserve them from the violation of their rights which they have asserted , and from all attempts upon their religion , lives , and liberties , the saids lords and commons , do declare and proclaim , that the said prince and princess of orange , be proclaimed and declared king and queen of england , france , and ireland , and the dominions thereunto belonging , to hold the crown and royal dignity of the said kingdoms and dominions , to them the said prince and princess , during their royal lives , and the longer liver of them , and that the administration of the government be only in and executed by the said prince of orange , in the names of the said prince and princess during their lives ; and after their decease , the said crown and royal dignity of the said kingdoms and dominions , to the heirs of the bodies of the prince and princess ; and in default of such , to the princess , and the heirs of her body ; and in default of such , to the princess of denmark , and the heirs of her body ; and in case of such default , to the heirs of the body of the prince of orange ; and the lords and commons pray the prince and princess of orange , to accept of the same . and that the oaths mentioned in our last , be taken by all the persons of whom the oaths of allegiance may be required by law ; and that the oaths of allegiance to king james the second be abrogated . re-printed in the year , . a proclamation requiring all the members of parlament to wait on, and attend his majesties high commissioner at the palace of holy-rood-house, the . of april, england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a proclamation requiring all the members of parlament to wait on, and attend his majesties high commissioner at the palace of holy-rood-house, the . of april, england and wales. sovereign ( - : james ii) broadside. printed by the heir of andrew anderson ... ; by george croom ..., edinburgh : reprinted at london : . includes list of council members. at end of text: "given under our signet at edinburgh, the fourteenth day of april, ." signed: will paterson. wing number j d cancelled in wing ( nd ed.). reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng queensberry, william douglas, -- duke of, - . england and wales. -- parliament. scotland. -- privy council. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion j r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms a proclamation requiring all the members of parlament to wait on , and attend his majesties high commissioner at the palace of holy-rood-house , the . of april , . present in council his orace the duke of queensberry , &c. his majesties high commissioner . the lord high chancellor . the lord archbishop of st. andrews . the lord arch-bishop of glasgow . the marquess of athol , l. privy seal . the lord marquess of dowglass . the earl of errol . the earl of linlithgow , lord justice . general . the earl of southesk . the earl of panmure . the earl of balcarras . the earl of kintore . the lord livingston . the lord kinniaird . the l. president of the session . the l. register . the l. advocat . the l. justice clerk. the l. castle hill. drumelzier . abbots-hall . gos●foord . james by the grace of god , king of great-britain , france , and ireland , defender of the faith , to our lyon king at armes , and his brethren heraulds , macers of our privy council , pursevants , and messengers at arms , our sheriffs in that part conjunctly and severally , specially constitute , greeting : forasmuch , as we having by our royal proclamation , dated at our court at white-hall , the sixteenth day of february last , upon divers weighty considerations of great importance to our service , and to the peace and tranquillity of this our ancient kingdom : thougt sit to call a parliament , to meet at our city of edinburgh upon 〈◊〉 〈◊〉 day of april , then next ensuing : and which diet of meeting was thereafter by our royal proclamation of the twentieth and second of march last , continued and adjourned from the said ninth , to the twentieth and third day of the said month of april instant ; and we being resolved that all the members of the said parliament should according to their allegiance and duty , attend and keep the said meeting of parliament , upon the said twentieth third instant , and upon that day by eight a clock in the morning wait upon our high commissioner , from our palace of holy-rood house to our parliament-house , in his riding up and down from , and to , our said palace , and keep and attend the whole diers and meetings of our said parliament , during the sitting thereof . we therefore with the advice of our privy council , do hereby require and command all the lords , spiritual and temporal , and all commissioners of shires and burrows , to wait upon , and attend our high commissioner , tho said day of the meeting of our parliament , by eight a clock in the morning precisely , and to ride according to their ranks and orders , from our said palace to our parliament-house , and from thence down again to our said palace ; and to keep and attend all the diets and meetings of our said parliament , during the sitting thereof ; certifying such as ( without a lawful excuse , timely represented and admitted by our high commissioner ) shall be absent , they shall be lyable unto , and incur the pains and penalties following , contained in an act of the first session , of the first parliament of our dearest brother , of ever blessed memory ; dated the thirteenth day of may , . viz : each arch-bishop , bishop and noble man , the summ of twelve hundred pounds scots : each commssioner of shires the summ of six hundred pounds scots : and each commissioner of burrows , the summ of two hundred pounds scots , to be paid to our cash-keeper , for our use : at whose instance , all execution necessary is hereby ordered to pass for payment thereof : which penalties conform to the said act of parliament , are declared to be by and attour , and without prejudice of what other censure our parliament shall think sit to inflict for fo high contempt and neglect of our authority . and we further declare , that such members of our , parliament as shall not accompany our high commissioner on horseback decently with foot-mantles , from our said palace , to our said parliament-house , and from thence down again to our said palace , shall bo reputed for absents , and incur the same pains and penalties , as if they were absent , which are to be inflicted and exacted with all rigour , conform to the thirty fourth act of the eleventh parliament of our royal grandfather king james the sixth of ever blessed memory . and further , wo hereby require and command all persons who have recieved commissions from our several shires and burrows for being members of our said parliament , to enter and give in the same to our clerk of register , the day immediately preceeding the said sitting of our parliament , betwixt ten and twelve a clock in tho forenoon , ( or sooner ) to be by him considered and marked , as they will answer the contrary oh their peril . and to the effect our pleasure in the premises may be timeously known to all persons concerned , our will is , and we charge you strictly and command , that in continent these our letters seen , yo pass to tho mercat cross of edinburgh , and other places needful , and there by open proclamation , make publication of our pleasure in the premises , that all persons concerned may have notice thereof , and give exact and peremtor obedience thereto . given under our signet at edinburgh , the fourteenth day of april , . and of our reign the first year . per actum dominorum secreti concilii . will. paterson , cls. sti. , concilii . god save the king . edinburgh , printed by the heir of andrew anderson , printer to the kings most sacred majesty , ann dom , . and reprinted at london , by george croom , at the sign of the blue ball in thames-street , over against baynard's-castle . die veneris, maii, . be it ordained, and it is ordained by the lords and commons now assembled in parliament that the committee of the lords and commons for the army, appointed by ordinance of the eight and twentieth of march, , shall have power and authority, and are hereby authorized and enabled, by such ways and means as they or any five of them shall think fit, to cause the accounts of all the officers and souldiers of the army, now or late under the command of sir thomas fairfax, ... to be audited and cast up during their service in the said army ... proceedings. - - . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die veneris, maii, . be it ordained, and it is ordained by the lords and commons now assembled in parliament that the committee of the lords and commons for the army, appointed by ordinance of the eight and twentieth of march, , shall have power and authority, and are hereby authorized and enabled, by such ways and means as they or any five of them shall think fit, to cause the accounts of all the officers and souldiers of the army, now or late under the command of sir thomas fairfax, ... to be audited and cast up during their service in the said army ... proceedings. - - . england and wales. parliament. sheet ([ ] p.) printed for edward husband, printer to the house of commons, [london] : junii . signed: hen. elsynge cler. parl. dom. com. the committee for the army appinted by ordinance march is authorized to audit the accounts of sir thos. fairfax's army and settle with them by 'debenters'. those to be paid out of the excise, delinquents' estates, &c. power to summon assistance given. treasurers at war to aid. -- cf. steele. title from caption and opening lines of text. reproduction of the original in the guildhall library, london. eng england and wales. -- army -- early works to . soldiers -- england -- early works to . a r (wing e ). civilwar no die veneris, maii, . be it ordained, and it is ordained by the lords and commons now assembled in parliament, that the committee of l england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris , maii , . be it ordained , and it is ordained by the lords and commons now assembled in parliament , that the committee of lords and commons for the army , appointed by ordinance of the eight and twentieth of march , , shall have power and authority , and are hereby authorized and enabled , by such ways and means as they or any five of them shall think fit , to cause the accounts of all the officers and souldiers of the army , now or late under the command of sir thomas fairfax , as well due to them upon publick faith , as for their present pay , to be audited and cast up during their service in the said army : and to allow and determine of such accompts , and to give out debenters accordingly unto the said officers and souldiers . and it is further ordained , that for such debenters as shall be therupon given out and signed by the said committee , or any five of them , the state shall be liable to the payment thereof , and shall be paid and satisfied respectively by warrant from the said committee or any five of them out of such monies as the parliament hath ordained by ordinance to be paid out of the grand excise in course , and out of delinquents estates , for the payment of the said officers and souldiers of the said army , and out of the remainder of the monies formerly assigned upon gold-smiths hall for the army . and it is further ordained , that the said committee shall have power to call to their assistance any person or persons whatsoever as they shall think fit , for their information touching the said accompts , and of free quarter , or money for free quarter , and monies otherwise levied , and to make up the accompts according to the late instructions for the accompts of the souldiery of the kingdome , that defalcation may be made upon the said accompt . and it is lastly ordained , that the treasurers at wars and commissioners appointed by parliament to reside in the army shall be aiding and assisting to the said committee in this service . hen. elsynge cler. parl. dom. com. printed for edward husband , printer to the house of commons . junii . die martis , februarii. . an order of the lords and commons assembled in parliament, for the taking away of the court of wards and liveries, &c. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis , februarii. . an order of the lords and commons assembled in parliament, for the taking away of the court of wards and liveries, &c. england and wales. parliament. sheet ([ ] p.) printed for edward husband, printer to the honourable house of commons, [london] : february. . . [i.e. ] place of publication from wing. order to print signed: hen. elsynge, cler. parl. dom. com. reproduction of the original in the british library. eng england and wales. -- court of wards and liveries -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no die martis , februarii. . an order of the lords and commons assembled in parliament, for the taking away of the court of wards and liv england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , februarii . . an order of the lords and commons assembled in parliament , for the taking away of the court of wards and liveries , &c. it is this day ordered by the lords and commons assembled in parliament , that the court of wards and liveries , and all wardships , liveries , primer seisins , and oustre les maines , and all other charges insident or arising for or by reason of wardship , livery primer seisin , or oustre le maine be from this day taken away , and that all tenures by homage , and all fynes , lycences , seisures , and pardons for alienation , and all other charges insident thereunto be likewise taken away , and that all tenures by knights service , either of his majestie or others , or by knights service , or soccage in capite of his majesty , be turned into free and common soccage . ordered by the commons assembled in parliament that this order bee forthwith printed and published . hen. elsynge , cler. parl. dom. com. printed for edward husband , printer to the honourable house of commons . february . . . orders to be observed while his majestie, or the two houses of parliament continue in oxford agreed upon by the vice-chancellor and delegates, to be communicated to the heads of houses, and by them to their respective companies. university of oxford. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing o h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) orders to be observed while his majestie, or the two houses of parliament continue in oxford agreed upon by the vice-chancellor and delegates, to be communicated to the heads of houses, and by them to their respective companies. university of oxford. sheet ([ ] p.). s.n., [oxford? : ] manuscript note: "these ord's were printed . march (munday) . & forthwith sent to the colleges & halls, to be posted up." place and date of publication suggested by wing ( nd ed.). reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . university of oxford -- history -- th century. england and wales. -- parliament. broadsides -- oxford (england) -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion academia oxoniensis sapientiae et felicitatis . blazon of oxford university orders to be observed while his majestie or the two houses of parliament continue in oxford , agreed upon by the vice-chancellor and delegates , to be communicated to the heads of houses , and by them to their respective companies . i. that they admonish all such as are under their charge , that they appear no where abroad , without their caps and gowns suitable to their degree and condition ; and that their apparel be such as the statutes require . ii. that no scholar , of what condition soever , shall presume to go out to meet the king , either on foot , or horsback ; or to be at , or upon the way , where the king is to come . iii. that no scholar do disturb the court , or come nigh the places where the two houses of parliament , and their several committees do meet . iv. that the seats in st. maries , where formerly the doctors and masters did sit , be reserved for the members of the two houses of parliament : and that none other whatsoever , do presume to intrude . v. that the vice-chancellor , and proctors keep their seats as formerly . vi. that the several doctors , together with other heads of houses , canons of christ church , and noble-men ( who are actually members of the university ) sit in the middle gallary ; and the masters of arts in the two side gallaries . it is strictly required that the whole time , all persons observe the aforesaid orders , and abstain from going to taverns , coffee-houses , and other publick houses , and comport themselves with that sobriety and modesty as may tend to the reputation and honor of the university ; upon pain of being enter'd into the black-book and otherwise proceeded against as the crime shall require . the names of the masters of arts that have a procuratorial power given them , during his majesties abode in the vniversity . mr. isham ex aede christi . mr. sparke ex aede christi . mr. elwood è c. c. c. mr. massey è coll. mert. mr. harvey è coll , oriel . mr. aldworth è coll. magd. mr. masters è coll , novo . mr. balche è coll wadh. mr. burrington è coll. exon. mr. fry è coll , trin. mr. meers è coll. aen. nasi . mr. adams jun. è coll. linc. mr. orlebar è coll. om. au. these ords were printed . march ( munday ) . & forthwith sent to the colleges & halls , to be poshed up . a serious epistle to mr. william prynne wherein is interwoven an answer to a late book of his, the title whereof is inserted in the next leafe. by j. hall, of grays-inne. hall, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a serious epistle to mr. william prynne wherein is interwoven an answer to a late book of his, the title whereof is inserted in the next leafe. by j. hall, of grays-inne. hall, john, - . [ ], p. printed for john place, and are to sold at his shop at furnifolds-inne gate, london : . a reply to prynne's: a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people. reproduction of the original in the gonville and caius college library, cambridge. eng prynne, william, - . -- legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people -- controversial literature -- early works to . england and wales. -- parliament -- early works to . civil rights -- england -- early works to . taxation -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (wing h a). civilwar no a serious epistle to mr. william prynne, wherein is interwoven an answer to a late book of his, the title whereof is inserted in the next le hall, john f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a serious epistle to mr. william prynne , wherein is interwoven an answer to a late book of his , the title whereof is inserted in the next leafe . by j. hall , of grays-inne . prov. . and . thou art snared with the words of thy mouth , thou art taken with the words of thy mouth . do this now my sonne , and deliver thy self ; when thou art come into the hand of thy friend : go , humble thy selfe , and make sure thy friend . london , printed for john place , and are to be sold at his shop at furnifolds-inne gate , . to him that will read . that this book hath come later from the presse , then either stands with the celerity of the adversary , or duty and obligation of the author , it will be hoped you will be enclin'd to forgive , when yov once are assur'd that a treatise of almost ten-times the bignesse of this , might have come abroad in the time this was a making ready ; notwithstanding all clamours and expostulations ; and therefore the author may promise himself so much justice , as to be rescued from the savagenesse of their opinions , who dam all things not immediatly falling under their concern , or complying with the pettishnesse of their own humour . a legall vindication of the liberties of england , against illegall taxes and pretended acts of parliament , lately enforced on the people : or , reasons assigned by william prynn of swainswick in the county of somerset , esquire , why he can neither in conscience , law , nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month ; lately ●mposed on the kingdome , by a pretended act of some commons in ( or rather out of ) parliament . to mr. william prynne of swainswick greeting . mr. prynne . you will scarcely believe , what an high obligation , you have lately put upon all men , that can but the lest discover between good and evill in books , and how much you were likely ▪ to have further indeered your self to them , by the continuance of your patience and silence . for whereas you were accustom'd usually once a week to great them , with a small trifle of some twenty or thirty sheets ; and thereby either incurre their indignation or laughter ; you have been of late graciously pleased to withdraw your benevolences of that nature , and ●o put them in hopes that you would no more lend an hand to the multiplication of evill things : nor any more beare a part in the variety of those hideous noyses , which doe now distract and deafen europe . but indeed ( this is but a friendly congresse , and we must be free and open ) your silence to me was very omnious and full o● bad signification ; nay , i must confesse to you ; far more dreadfull then the opening of the mouth and speaking . for having found and experimented that your nature was such that it could no more forbeare scribling then a paralytick his shaking , or one bit with a tar●●tula his dauncing , i began to feare and tremble lest either you were in l●bour with some great voluminous work , which like a leviathan ▪ would swallow up all the paper , and be a means to raise ballads and pamphlets , from three farthings to a penny a sheer , or else that you were intended shortly to depart this world ( as the volentary slipping of fistula's and issues betoken death to the party ) and so not live a while to survive your progeny , and see the memory of them lost among men . but indeed i was of late doubly undeceived , for i both found ( to my amazement ) that you were alive , as also that your late book was but eight sheets , which indeed for that very cause i should have bastardiz'd and disclaimd for being yours ; but that i therein found that a many profuse and impertinent dashes did absolutely characterize it yours , and besides i saw abundance of quotations , which i suppose no other man would upon that occasion have plac't there . now finding your book ( as i said ) so short and withall so little to the question ; a kindly itch and lechery presently tickled me to answer it , & the rather because i suppose i might gratifie you in giving you an occasion to write again , as also make your opposition to the present government , more known and famous ( a thing i know you cove● ) as also be a procatartic cause of some further sufferings , which i knew could not but be very acceptable because i have observd your genius more especially delighted in persecution and opposition to the present power , and therefore i could never blame you for precipitating your self into a heady action ; as being willing to permit every man to follow his own inclination , and i knew you were led very strongly this way . nor indeed was i insensible of some advantage on my side . no man lying , so open , so unguarded , so easy to be beaten by his own weapons as you . besides you most times take i●● ayms , & strike cleare besides your enemy . so that besides these small encouragements , i saw i needed not be halfe so long as you , ( and this is somewhat with the judicious ) and i needed but once state the questition , and all your arguments would fall in pieces , and for quotations i knew it was either transcribing of yours into my margent ( which is as much concern'd in them as yours ) or else to follow cervantes his advice , and take t●e first catalogue of authors i met and own them . but then againe upon second thoughts i began to demurre , as considering you a person very dreadfull and terrible ; as well by your roman constancy in writing , ( for you never yet permitted any adversary to have the last word , nor any power so long as you had pen and inke to put you to silence as by the reputation you have of a various learning & multiplicity of reading : not to mention your numerous prints , whereby you have not like tostat three sheets for every day in your life , but almost three volumes , so that it is pitty that you were not either borne of german parents , to haue written in high-dutch that you might have outdon the reputation of the greatest of their authors , who are commonly valued at the rate of their boldnesse and prolixity . notwithstanding upon a third dispute with my selfe i found all these were chimera's , and could cause no real affrights ▪ as for your pertinacy in answering , responding rejoyaing anti qu●rying , reviewing &c. however it ●ad wrought upon some other men i resolv'd it should not doe on me ▪ untill you forsook your custome of un-weaving the web at the wrong end , & never approaching to the heart of a dispute ( as i shall presently instance ) and this was a favour which as being a stranger to you i suppos'd you would hardly conferre on me , although you had ability and possibility , either given you by nature or belieu'd of you by men . for the fame of your learning i found that it had rather invaded the minds of the multitude , and possessed the weak inconsiderate swallowers of all books , and interested it selfe in those people , who had before interested themselves in those opinions , which you either oppugn'd or maintain'd , then any wayes recommended you to those judgements , who calling all things to a sharpe test , are not wont to favour without eminency of merit . and therefore i call'd to mind that i had heard many of them say , that ( though your industry were not at all discommendable , yet it did not infer any such vaffnesse or immensity of nature in you , as the titles or margents of your books seeme to promise , for ( say they ) nature makes ever the dullest beasts most laborious , and the greatest feeders . therefore they observed that ▪ though you had read and swallowed much , yet you had concocted little ; and so ( wanting rumination ) it was no vvonder if you vomited up abundance of things crude and ravv and i could prove it to you out of authors , that to cast up things un-alter'd is a symptome of a feeble and infirme stomack ; and as an error in the first concoction derives it selfe to the others , and nourishing up a prevalescent humour begets at last a disease ; even so your judgement being once deprav'd turnes all your reading , ( be it never so choyse ) into bilious or putrid humours , vvhich being perpetually encreased by your insatiate gluttony of books doe miserably foment and heighten your malady of writing . nor truly was i much amaz'd with your books themselves , which though they appear'd big and tall were extreame feeble and ill complexion'd , and though they caried menacing aspects , yet vvere things purely childish and unactive , they put me in mind : ( i beseech you pardon so homely a comparison ) of the two gyants that stand to guard guild-hall , and look downe as furiously upon the contentious rabble , as if themselves intended to bee peace-makers , and to powder them all with one blow , when alas one uncourteous greeting with a hasell stick would presently discompose all their gallantry ▪ and reduce them to their first matter of sticks and past-board . for ( sir ) 't is the generall opinion of all learned men ( as i could bring quotations to that purpose ) that books large and empty are the greatest enemies to that perpetuit● and largenesse of fame , that every diligent writer ought to aime at , that can be possible . for posterity that passes a severe and impartiall sentence upon all things formerly done , cannot but hate and brand those men that deale ●o unreverently with her , as to put things upon the file of memory as would even be tedious in table talke where no drollery for the most part comes amisse , and therfore wee see all ages willing to op off such excrescencies , and destroy if possible their very remembrance . saepius in libro memoratur persius uno . quam levis in tota marsus amazonide . now you having so unpardonably offended this way , i would not at all start back at you● volumnous and gigantous nothings , but resolutely encounter and grapple with them . for though you have a faculty ( to your great renowne ) to put that into ten sheets , which another man might comprize in ten lines ; and therefore have filled as much paper as if you were to burn for a martyr would serve instead of fagots ; yet must i say , there is very little in all this to the purpose . for though you are not yet a didimus ▪ and transcribe whole tragedies , yet i may say you insert many things not condusing to the present purpose , though i must acknowledg the great praise of your humanity and goodnesse ▪ that you commonly either write the most materiall things ( as you conceive ) in capitals , or else very courteously with an hand or a note on the margent , direct the reader to them . vt si maluerit lemmata sola legat. and therefore were it for no other cau●e ▪ master noy de●lt very uncourteously with you , that offered to make you and the water-poet , bed-fellowes in lincolns-inne library , as being tvvo of the same altitude , and crisis of writing . for the multitude of them i was of virgils mind , non numer●m lupus , the smallest insecta's come in greatest shoals out o● the wombe of their dam putri action . a python , a hydra , or any such royall monster come alone , and that but rarely , if at all , petit creatures can be delivered of many at a birth ; lyons , elephants ▪ and those more noble carry but one , and that after long impregnation : by the same analogy men of poore , strait , low and slender thoughts , have ever the greatest exuberance and vent most ; whereas regular and castigated souls , who know how dear and hard it is to think aright , and how difficult the pursuit of truth is , and under how many censures any thing of publick concern must necessarily fall ; vent their notions nicely and scrupulously , as thinking they must be writ in marble , whilst the inconsiderate put every running thought upon the sand ; is for example , most of your sustian puff-past treash , which within a few years is as quite effact , as if your i●k had been made of nothing but ●oprisse : and no more regarded then the inventory of some sick mans dreams ; and therefore to me you have writ a very few things , they being such as no man will enquire after , but such as delight in things obsolete and antique , or supposing the things are many , 't is a lumpe made up like democrit●● worlds of atoms which raise up a great mass yet are imperceptible in themselves . i suppose by what i have said , you may have a shrewd guesse , at what i conceive of the pertinency of them , never was there any thing truer said in all sences then in multi loquio non deest peccatum , certainly so your literary sins in this kind ( not to accompt your morrall or theologicall ) are horrid and innumerable and ( without the interposition of somewhat above mercy ) impardonable , how pittifully did you once afflict the house of commons in that fatall night of voting the kings answer the grounds of a firm peace , yet when that most insuls harang came to see the press the substance ( so you title it ) do's but amount to some seventeen sheets close printed : it joy'd your new-liguers , and co-martyrs , the cavaliers , that they had sprung such a champion , and therefore the book ( and as i think the first of yours that was so ) came to be twice printed , and possibly is yet extant for all men , that have a mind to survey the art of amplication , to peruse , with much about such di●cretion as this ▪ do you indeavour to blow up liberty of conscience , for in your book superscribed , the sword of christian magistrates supported you first lay down the whole question ( in effect ) as a postulate or undeniable axion , and upon that ground make a shift to rear up a paper , trifle of . large sheets , and this with that celerity ( the infallible sign of a good writer ) that between the date of the book you answer , and your own , there interceeds but ( as i remember ) twenty days : notwithstanding you say they are the lucubrations of a few cold winter nights , and you tell the lords you have not lost one minute from their service . i could tell also that while you should explode the vanity of love locks , you only fall foul upon long hayre , and so run clear out of distance from your question , with a man of much lesse reading might have embost with curious philo●ogy , and instructed the age into an affright off : thus in your unhealthfulnesse of health drinking , you only quarrell at much drinking , and so make a forementioned escape . but i am sorry such dust and cobwebs stick in my memorie , i have repeated too much already , and for particular passages i could put you in remembrance , vsque ad nauseam & ravim , but that i would no● slip into an humour which so much disgusts me in you . only that posteritie may acknowledge how strongly you have oblig'd them by your poetrie ▪ i cannot but with pleasure put you in mind what a deare sonne you have been to the muses . never did any man tune such round delaies as you have . never did any man so powerfully drag and hale poore s●●lables into verse . never durst any tirant exercise these cruelties upon the bodies men , that you have upon meeter . 't is the greatest praise of the architect of this vniverse , that he did all things in number , weight and measure , and the just contrary must fall upon all your works , especially o● this nature . alas , what ups and downs have you ! what noyses , what calmes ! what tractures , what unnaturall closures ! hovv doe you one time rumble like a brewers empty cart , another while d●il you meters miserably on a sled : certainely ( sir ) i● you had been that poet that presented the poem to alexander ▪ and was to receive as recompense a buffet for every bad line , you had beene buste●ed to death , thou you had had as many lives as nine cats : verily had you had orpheus place in the fable , you ●ad put all your birds and trees into a fright , instead of a letalto , and your thracian women out of meer revenge of your noise had done t●●t out of justice to you , which they did out of cruelty to him : verily had you been amphion , and gone about to build the walls of thebes with your harpe , the stones out of meer rage vv●uld have mu●ined and pelted you to death . o master prynne , master william prynne , master william prynne an utter barrester of lincolns-inne ▪ late a member of the house of commons and now of swainswicke in the county of somerset esquire . 't is impossible that all the rage of a drunken imagination could have imagined , or prophesid such a bard as you are . certainely , after you ; we may say all monsters will be naturall and quotidian ▪ and that al● men may doe vvhatsoever they desire or dream of . for i professe to you 't is a miracle to mee , hovvever it could enter into your thoughts to make verses : subjects i am sure you could not want ; you might have beene throwing the dust of records in the faces of the bishops , you might have put on a fools coat , call'd your sel●e tom-tel-troth , and barkt against the armie , you might have busied your selfe about excommunication , or conquering independencie , and propping up the house of lords ; but so dismally to mi●carrie : to improve rocks , ( which certainly are so●ter then your meditatiō● ) to ma● new sea compasse , and quack cordials , i am lost , i am lost ( great sir ) i am lost , this is too deepe for me , and exceeds my understanding . for the quotations which are as delight●ull to you , as they are distastfull to all mankind else ; but v●etins who loves you for it , and i could wish you to consider whether the ghosts of a many brave authors ought not in all iustice to hant and torment you ? some of them you make stand on the pillorie of your margents for no cause , some of them you make to beare fal●e witnesse , other some you make tell halfe tales , some of them you familiarly quote which you never conferr'd vvith nor possibly saw , so that vvhat with these courses , and mistel●ing of pages and chapters , which are but pec●adillo's with you , you make them pure knights of the post , and sweare what you will . certainly , a man that hath this faculty may prov what he vvill , and write libraries , and i● any man ever had the knack so dexterously as you , my acquaintance , with bookes is either none or false . how doe you fit them , as proving the soveraigne power of parliaments ( which booke i thinke you h●ve forgot you ever wrote ) exactly quote morall sentences out of s●neca &c. what an immense annotation have you in your booke against cosens concerning nile . how common i●st vvith you to prove out of how hollinshead ▪ fabian , speed , taylor , that r. . was murthered at pontefract . how naturally in your arminianisme doth bring men to disclaime opinions that were not thought on while themselves lived ? what rare mosaick worke doe you make with sentences of scriptures , and how cong●uously doe you grave them on the stones of the mount ▪ orgneil . how aptly doe you q●ote poets by the page ▪ and sometimes bring in a peece of tully by the section ▪ vvith all vvhich acc●utrements i can count you no better th●n an indian with feathers about you ; or if you will have it so i can compare you ▪ to a pedlars pack-horse , that carries a●undance of trinkets about him , which he can never either enjoy or use . iam dic posthume de tribus capellis . having with these considerations disburthened my self of all feare , i know no reason why i may not now descend to a more particular consideration of your last book , and the rather because it vainly threatens so much , and according to your usuall fate produces nothing . nay indeed declares you a person incapable of medling with the question , as having too scant a knowledge & too purblind an insight to discusse it . for i suppose , no rationall man will deny me , but that he would exactly examine the justness of al changes of states and commonwealths , must have another touch-stone ▪ then the bare municipall laws of a country , which commonly carry the stampe of their invaders , or else being made out of the necessity of times , are commonly declind by those men that desire to innovate ; no they are those generall and royall laws of reason nature , nations and necessity that must be appeald to , by these all must examine and judge , and as being fixt veritable and universall , whereas particular ordinances of any place are not so ; but being either impos'd by a power or become valid by contract , are no longer to be obey'd , when that power is broken or contract dissolv'd . but you ( master prinne ) doe not goe thus rationally to work , nor revitting your discourse on some steddy maxims arise up to a full and perfect view of the generall laws , and then bring them home to the particular of our nation , which had been your only true and regular method , and likelyest to make good what you design'd to your self , but insteed thereof you decline all examinations of governments and their ends ( a thing perhaps not to be treated of by one that writes scans ped● in vno ) and most cruelly tormented with a many presidents and statutes , which being either such as depended upon the will of them that usurped rule over us , or at best such as best suited the wisdome of the times that enacted them , i see not why they should preserve any more force then reason , especially seeing that daily contingencies and notations of humane things , call ever a fresh for new laws , and fresh provisions : not to adde that the necessity of a time and occasion , the continuall groans of the oppressed , the concurrent and visible hand of providence may many times warrant that which to the strict formall letter of the law might seeme otherwise . for certainly every law must be conceiv'd so far sacred and inviolable , as it conduces to the great designe of the essentiall happinesse of those for whom it was deviz'd ▪ and if so then suppose it , in it selfe and in the si good and profitable ▪ yet if it dash and enterpher with the maine end of government , and that great arcannum of preservation , i suppose he cannot be called a bad citizen that out of a just piety to his country endeavours to break through it ; or else rectify it to its right intentions . thus much ( out of a great deal else which i reserve as due and proper to another place ) i have set down ; to the end you may perceive how unfortunate you have been in grounding the question , as also that ( if you please to take the pains ) you may by it examine over all your reasons , and find them all either vain , sophisticall or false . but lest you may be a wrighting some other book and therefore want leisure , or if you had le●sure might possibly be desirous to save the pains , i shall to doe you a curtesy , and merit of some of your proselits whom i may reduce , examine them one by one , though i cannot promise ●ither your copiousnesse or rancor . your discourse is founded upon a sillogisme which taking up a page in you , i am given to transcribe , but shall thus ●ully and faithfully a br●viate . that by the fundamentall laws and known statutes ▪ no tax ought to be imposed but by the will and common assent of the earls barons knights ▪ burgesses , commons , and whole realme in a free and full parliament ▪ by act of parliament , all other are unjust and oppressive , &c. but this present tax of . l. per mensem was not thus imposed . ergo , it ought not to be demanded nor levied , and you might in conscience and prudence withstand it . your proposition which you take as indubitable would in the first place be stated and rectified , because so many of your reasons , and indeed your most pressing , nay the very strength of the assumption leane upon it , but you must consider that though i agree with you , that no tax ought to be layd but in parliament , yet i utterly dissent from you in the acception of the word parliament , and though i grant you the whole realme yet i doe not extend it to your latitude ; which i thus explaine and confirme . first , i take the realme of england to be no other , but that people which god and nature hath planted in this island , free from all humane power and positive law , save what they electe and constitute over themselves , or their representive ( by their authority ) enact for their good and welfare ; and therefore whatsoever power is not deriv'd from them , ought not to be obey'd by them , nor the laws impos'd by and under that power to be held any other then tirannicall and not binding . that they are not under the right of any forreigne domination , i suppose you leave me as granted , and therefore to consider them in themselves , we must look whither they be a people naturally endewed with a free disposition of themselves , ( as was just now layd down ) or else by the laws of god , or their own stipulation they ought to obey some superiour power ( whither in one hand or many ) which should inviolably or unalterably rule over them . if you can affirme this of monarchie , you must ravell this consideration to its first principles ( as there is no better way to understand the making of a watch then to take her in pieces ) and consider what right kings have to rule over us ; if they say from god , this is but ● bare assertion ; let them prove by some signs and wonders that it is gods declared will and we shall obey ; if they say all kings are of god . they must prove how they come to be kings ; if they say that in the scripture god do's favour and delight in monarchy , let them tell us what kind of monarchy it is , and what limits god hath appoi●ted both of power and law , for certainly if they trespasse never so little upon either of these they are usurpers : if they say from nature ( i study brevity here ) let them prove that nature makes one man to governe an other , nay such an other number of people , and that themselves are they . if they say by compact and choice of the people , let them produce it and its conditions , and then stand a tryall , whither the people could passe away the liberty of their successors , or themselves upon breach of trust or other considerations , recall & annull : if none of these will hold , they must necessarily be intruders and deposable upon the first occasion . all this i conceive remain'd to be prov'd before our kings can affect their jus regnands in so clear and safe a manner as the late charles pretended to it . but if they were only elected ( as the supreme expositor the parliament have declared ) then it evidently declares that in the height of their intrusion they either could not stifle a remembrance of the peoples right ▪ or else by an odde arcanum imperii practized by the primitive roman emperors ) they were willing by a specious shew of liberty , to banish all offence and recollection of their intrusion . and of election ▪ questionlesse those that have power to choose have power also not to choose . then secondly if kings be not integrall parts of our parliaments , representatives or nationall meetings ( 't is things i mind not words for the people cannot all at once meet in councell ) it will porismatically follow that the lords being his vassalls , constitutes or at least but councellours , are not , as being not entrusted nor called thither by the people , who have the only power to make their deputies , and gives voyces in their nationall meetings . thus much being gaind there will flow a third , that will immediatly invest a supream authority in those meetings , and this authority must needs make them judges of cases of necessity , and necessity oftentimes warranting , nay bidding violent courses , some actions and carriages may be justifiable , nay laudable and glorious in them that immedi●tly concerne the publique weal , although they vary from & throughout the common regular proceedings : thus could no honest roman have blamed cicero , though he had suspended the major part of the senate had they adhered to cataline . thus were the tribins of the people never accounted traytors to their trust of preserving liberty , notwithstanding they often brought laws to make a dictator who had an unlimited power . nor have you reason to storme with this parliament , for voting the exclusion of part of their members ( whereof your selfe were one ) that had concurred in dangerous and destructive pernicious votes . and now you may see how unsound your proposition was , and how utterly the state of the whole syllogi●me is altered , for if you will but take along with you what hath been said , you will find their was an huge deal of equivocation and fallacy in the words of parliament and whole realme , and therefore the whole ought thus to be conceived . that by the fundamentall laws of the nation what tax is imposed by the c●mmons of the realme in a free and f●ll parliament , by act of parliament , and none other , is lawfull . but this tax of . l. per mensem was thus imposed , ergo it ought , &c. the proposition is manifest out of what hath bee● said to the assumption for the present , i shall say thus much ; that since king and lords are no essentiall parts of it , and that they make up the customary number , we have no reason to disavow them on that tophick , some other reason then must we search , and see whither they were either lawfully called , or else since their calling some act either done by themselves or others have in law dissolved them . but for the legallity of their assembling your self are so far from denying , that you found some arguments upon it ; & i further justifie that they immediatly were entrusted by the people , and that the kings did put them into a course , not give them authority , ( for if it had , then must all power immedidately flow from the king which we have deny'd ) and therefore though the right of the people were at that time c●og'd with that load , there is no reason but they might when they could shake it off , and restore themselves to those priviledges nature endowed them with . and therefore they must necessarily remain anauthoritative body after the decollation of the king as not sitting by him : but it is a question according to the word of the law , whither they ever can be dissolved or no ▪ the king not being alive to dissolve them . howsoever you can distinguish a king in the abstract , and concret and know that it is not his personall presence adds any thing to them : for otherwise your own books must rise up against you , and all their actions since the kings de●ertion will prove un-parliamentary . we must see if there be any thing that in law dissolved them ( since they are in origine a lawfull assembly ) and that must either be by the king , themselves or some externall power : by the king it must be either by some act of his , and that i think you are not ready to say , or by his remotion , and that we have just now answered : if by themselves why ●it they ? or shew me an act or ordinance of theirs why they should not : if from externall ●●rce : externall force i say may violate it but cannot dissolve it ▪ since the speaker declar'd his opinion two years agoe , that nothing could dissolve this parliament , but an act of parliament , which you cannot produce either in your own sence or mine . and now we see what miracles you have perform'd , & how according to your manner you have es●oygn'd from the question ; for it is not the recitall of a many impertin●nt presidents with any slavish head , that has but the p●tience to collect may muster up to wearinesse . but a right stating and deduction of things , and a generall view of the question in its whole latitude that must convince and enforce in these cases , for producing authorities though it may be of excellent use in proving matter of fact or that things were so , yet it is not of much concernment when matter of right or reason falls under dispute . for whosoever do's rightly converse with the writings & records of former times cannot bu● know , that since a many things are spoken out of the sence and interest of the times . a many things through decourse of affaires are altered from their primitive reason , a many things imperfectly related and circumstances of great light often omitted , they are not at all authoritative to after times , save where a cleer and undeniable analogy of reason do's apply and enforce them . but least you may thinke i fraudulently elude the strength of your arguments by these generall avisos , i care not much if i put them ( i meane the strength and heart of them for you are very fatall in setting down things at length ) into a catalogue briefly overthrowing those that are not immediatly , implicitly , or peremp●orily answered in the former pages , and putting the others to no other trouble , but a bare rehersall , as things that carry their confutations in their bowells . your first reason is the parliament is dissolved by death of the king. . or supposing it in being yet the lords a●●ented not . . suppose the commons alone co●ld impose a tax yet now the house is neither full n●r free if you will give every man leave to be judge of his own liberty , they can the best tell what they think of theirs , an● they have declar'd themselves free from any feare or restraint ; and certainly it is one shrewd signe of it ▪ in that they have performed that under that which you call aw ; which none of their predecessors in all their pretended l●●erty and fullnesse could ever atchieve ; and if you say they are not full and free because all their members doe not actually sit . for my part i hold them freer , as being eas'd of so oppressive an humour , that so long rendred their counsells abortive or unprosperous , yet in poi●t of reason i see not why he should be entrusted with the liberty of a country that is an enemy to it . or admitted into a counsell whose ruine he is both by his i●terest and opinion obliged to endeavour . though the tendernesse of the parliament is such that they re●dmit all such as they can either with surety or safety , and the obstinacy of the absent gentlemen is such that they refuse to comply with the ways of providence , and come into action , rather suspending ▪ themselves then being suspended . . though it should oblige those places whose knights citi●ens ▪ burgesses sit , yet , it cannot those whose &c. sit not . now ou● of all your presidents find me one that shall warrant this distinction for that of the writ of wast will not doe : for upon the same reason , the county o●dur●am , or such burroughs as have no members to sit for them are not tyed by any act of parliament , as not consenting to it , and for any thing i see the same reason should hold in those counties or places whose representatives should be for some unquestionable crime thrust out of the house ; nay , why may not this extend to absent members ? but i pray sir consider that the house of commons must be considered as a collected body ▪ and not as made of particular persons , and that must be taken for its ordinance which is the agreement of all , or the m●jor pa●t , without any other consideration of individualls , save sometimes the entring of a dissent , which may declare a private dislike , but cannot disauthorize any thing . for those two objections though you keep an hacking and slashing of them , yet you do not at all infirme or destroy them , for i would gladly know of you what radi●●ll distinction you can perceive , between businesses of greater and lesser moment in the house as you seeme to infer , i meane what difference you can make between the house when it handles lesser businesses and the greatest , for questionlesse 't is an house still and hath the same priviledges and authority . nor do's your objection of the frequent summons make any thing for you , saving that it proves it hath been a custome to summon in absent members , either when their abillities were particularly a●anting or else the number of absent members took from the majesty and splendor , not the necessity and being of the house . . though you suppose . they might make an house in cases of abso●ute necessity , yet you say their was never such a case as till now , that might expell &c. to this i say that , never was their so great a necessity ▪ as that of their suspension , as may ea●ily be demonstrated . . 't was the army suspended some members indeed , but injur'd not the collective body , and abundance absented either through disaffection , guilt , or suspition ; and whereas you challenge them to shew such a law or custome , i cannot but laugh at you . for if it be lawfu●l ▪ it may well stand on its one legs , without such an infirme and unproper stay if unlawfull you will not expect any example should make it so ▪ for by the same reason every vice that can but parallel it self in zwinger or lycosthenes , will soon be gilded into a vertue , and you your self in every action you doe and garment you weare , unlesse you can prove your grandfather did and wore the like , sin extremely ▪ and herein at one dash confu●e your whole histrio-mastix wh●n by so many presidents records ▪ iournalls , historyes , diarys , ledgeer books , an●alls poems , orati●ns , &c. it can be prov'd that playes have been in former times acted and entertained into the delig●ts of princes , as your self write , confesse , declare , acknowledge , manifest , and prove by authors in your retractation to that purpose . . then fourthly , since you stand so stifly upon it , i challenge you to shew me by any journall , year-book , records , the time when fourty was not accounted a parliament ( though this far exceeds that number . ) for . you say . neither commons nor whole house ought to do it without k. or ll. still crambe ●is co●●au ; sed you not that topic largely before , and do you now vomit it up againe ? i doe not now wonder at the facultie of squirting books , when you have this art of repetition . truly ( voluminous sir ) methinks you are like flaminius his host who entertaine his noble gu●st with a great many various dishes , which yet in the conclusion proved nothing but swines-flesh , or rather to erisichthon's daughter who though she were sometimes sold under the shape of a cow , sometimes of an asse , sometimes of a sheep , was but still erisichthon's daughter , and therefore who knows one of your book knows all ▪ and who confutes one confutes them all . only i advise all that shall hereafter have to deale with you ▪ to medle with you no otherwise then the great grotius did with a learned man that spoyles and looses abundance of brave learning amidst his volumes insteed of answering the book to confute the contents . so would i interdict any man further commerce with you then the title ( which is ever the best of your bookes ) and having confuted that ▪ to sit downe in quiet . for your answer to the second objection ▪ ( which sneaks in at the back dore ▪ and stands like ela in the gamuth , and no wonder , for a man of your h●ste may easily forget importancies . ) viz. that the present parliament shall not be dissolved unless by act of parliament , by t●e statute of . car. ' swas con●uted ●ut of what hath been already spoken ▪ and hath been already touched upon you . but to come closer to you , that if the kings person were so necessary a businesse , with what face did you justify their proceedings without when he was at o●ford ? or if the forme o● writ calling them together to con●u●t with him render them a meer juncti●●o of his , and no lo●ger a body then he lends them a soule , what miserable , and slavish people were we , whose nationall counsells were to depend upon the will and pleasure of one man , as though we had been created for no other end , and cast hither by providence only to make so many vassalls for a tyrant . but i hope ▪ master prinne you know better what the safety of a people is , then to adhere to so miserable rules , which being commonly struck from the present occasion , cannot prevent all inconveniences , and therefore must be subject to change , and alteration ; and with what prudence can you ●rge that your act was only intended as to your l●t● king not to his heirs and succ●ssors ( your reasons are so tr●fling i passe them ) when you know the king of england never dyes ? and 't is an horrid thing that the welbeing of a people should depend u●on the truth of one who is but a bubble and must dye like ● man . for suppose in that heavy conjunctu●e of time ( which produced the act ) king charles had put off his mortality , either the best parliament that ever was , shou●d have broke up and left us both in the present hazard of affaires , and danger of never any more parliaments ; or else the supreme right of the people and necessity would have confuted what you assert . besides the parliam●nt was called for such and such ends , and if the king had dyed before the fulfilling , had it not been m●erly an illusion and a frustration o● the very act , which even ob●●g● them to the accomplishment of such and such things . but methinks that clause which you so ingenuously quote cleers the busines , and that every thing ●r things whatever done or to be done for the adjour●ment or proroging or dissolving of the present parliament ▪ contrary to the present act , shall he utte●ly void and of none effect , upon this score the anti-parliament●t oxford was counted unlawfull , and the kings disclaiming them ( ●or a while ) of none effect . but ( say you ) the kings death cannot properly be said a thing done or to be done by him , for the adjournment of the parliament contrary to this present act , cannot make the kings death voyd and of none effect , by restoring him to life againe . spectatum admi●●i risum t●neatis amici ! but pray sir , is not death a privation ? what talk you then of it as an act and of a privation you will not say it hath any thing positive , the king hath done nothing by it whereby to dissolve and raise the parliament . i shall adde , only you stand so strictly upon poore formalities ▪ why you may not as well say that the parliament is not at al because their are no bishops in it , as wel as you say about loros : for you cannot be ignorant how far in these darke times of superstition the bishops have incro●cht , ( and why should presidents for the temporall lords be more inviolable then for them ) insomuch that they once came to a contest of precedency , which certainly they would never have done without some assurance of themselves and interest , and therefore it was no more injury to the lords temporall to be dispossessed then for the spirituall , they being both derived from one power ; and though you 'l say the latter were ejected in a free and full parliament , and so not the former , yet i think i prov'd other whilst i had in hand your syllogisme , and must now tell you , i conceive not what more right or title the one have then the other , and why they may not as well be disrobed of these priviledges , which are both unnec●ssary and burdensome and to speak freely , superior to any other in europe , and incon●istent with the liberty of our nation . i shall not much trouble my self with your disingenuitie in quo●ing the parliaments former declarations against them , since that they have been as good as their words in procuring the libertie of the nation , and what they do● at this present is meerly out of publique necessity and safety ; but i must tell you , that of all men living you ought the least to encounter your adversaries out of the●r own writings , since your own doe abo●●d with such strong monstrous contradiction and forget●ulnesse , that a man may suppose you change ●ou●es as often as you doe shirts , or else there is an unanimous conspiration in mankind to adopt all absurdities whatsoever under your name . and now have i ( thank the curtesie of my fates ) fully survey'd your first reason , and truly if your other nine take me up as much time , i sha●l with difficulty wade through the rest of this inglorious taske , and i am affraid , obtain your faculty of multiplication of lines , and in stead of your adversary turn your schollar : like julian the emperour , that essayed at first what he could say against christianism , but at last exercised himselfe into a losse of it . and now for your second reason , which tells us that there are some sit in the house who ought not to sit , some whose elections have been voted voyd , some chosen by a new great seale since the kings death , some that are noblemen , and therefore uncapable of sitting there &c. but stay ; bring me but one example or president where the illegality of election deprived the parliament ( which must ever be considered in the aggregat not dis-junctively ) of its authority , and right , sure we have proved them a parliament and supreme , why may not they make a seal and use it , and for the lords ( since their house is broke up ) why should the people be denyed their liberty of choosing , or the lords ( without any demerit ) their capacity of sitting . for your scruple at the oath of alleageance , i see not how it oblig'd further then civil obedience in lieu of civill protection , or why it should oblige longer then the power that imposed it had existence , or why it should oblige a man to a perpetuall pertinacy contrary to his judgement and conscience : till i be satisfied in this , i must put away all your arguments of this hea● , and in the mean time recruit you to that judicious and learned piece of mr. asch●m concerning this subject and truly if you want emp●o●ment you would doe well to gnaw a little upon that file . the third you learnedly draw from the ends of your tax , which being two , you accordingly branch your argument into two heads ; the first whereof the maintenance of my lord fairfax his a●my , and to this you answer that their notorious defections & rebellions have made them unworthy of pay . to this i say , you in your confused catalogue of their misdemeanours , you lay many things to their charge , which are not properly theirs , a many things you mistake , and many things you falsly suggest : so that he that pares off your exaggerations , and considers them nakedly , will find them an illustrious brave sort of people , particul●rly favour'd by providence , and worthy all the encouragement and care of this state . then secondly you say no ●ax ought to be imposed but in case of necessitie ( let any judge , whether there bee not a necessity for this tax ! ) but you say there is no necessity of keeping up this army for these strong reasons . the kingdome is exhausted with seven years taxes , and therefore for saving a little , mony now must be utterly ruin'd , and as though you in all your reading could want examples how often such a base parsimony hath bin fatall to people and cities . . the decay of trade , as though a petty payment hinder'd either importation or exportation , or slackned mens endeavours , or as though that money were not spent among the people that pay it , and so there can be no decrease in the main stock . but a decay of trade must ever be expected in or immediatly after a civil● w●rre , and so you lodge this cause amisse . ▪ it destroyes trade , why did you not tumble this with the former , for they both came to one head ; still you ●urn to your vo● it of impertinency and largenes●e . . there is no visible enemy in the field , and therefore not in houses or abroad ; do not you know ma●ter pri●ue that an enemy is not quite vanquish'd when he is forc'd to give the field , but so long as he has animosities , grudges , opportunities , encouragements , hopes , is to be fear'd , and therefore for any people to gull themselves in such a mad security can be no other then to fall a sleep , that their enemies might with the better conveniency , cut their throats . besides you cannot be ignorant that that thing which you call a king hovers and flutters over , and if he could but engage any forreigne prince on his desperate lost fortunes , would come over , and see if he cou●d set up the dagon of monarchy once more amongst us , and you would have us tamely cast away our swords , that he might with more liberty exercise those cruelties upon us , and that either his indignation , revenge , flatterers , or possibly inclination might suggest unto him . . this was but at first established l. per mensem and after . but why l. now since those for ireland of that establishment , thou knowest not it seems wil , prynne , nor thy neighbours at swanswick that there are a great many new forces rais'd , and their are a great many there already to be maintained . the country militia's might serve , the forme of them in secure time is good enough , but not in the midst of such contingencies as we daily see , and if we be at present so surrounded with enemys , as who knows we are girt with both extremes which now begin to close and unite into one , why should we dissolve any armie of choice and brave veterans , for a sort of raw countrie fellows , that neither have the courage nor the art of fighting ; not to mention the just causes of distrust of them , which though you indeavour to remove , yet you doe nothing , for you say , . these men may enforce an army till doomesday ; as though their politick capacity took away their naturall of dying , or that things would be ever in their present insecurity . . if they dare not trust the people , why should the people trust them ? ( this i thinke is your sence for you are long and cloudy and want an expositor ) the strong retort ! they will not follow the humour of the r●bble , and therefore the rabble ought to get up on the saddle ; and act the bold beauchamps upon the common-wealth . . the gentlemen of england have little reason to trust this army that have violated their laws , and say all is theirs by conquest . reader ! understand this in the contrary sence , and master prinne is in the right . but he should have told where ever the army aver'd all was theirs by conquest , or if ever any private man said so , and if some had said it , why the integrity and actions of all shal be blasted through the vapor or surquedry of a private souldier . now to the second part of the same tune ▪ the second end of this tax is for ireland , which was but at first . l. now l. to this you say , . that by statutes , &c. no freemen ought to be compelld to goe in person , &c. or to pay taxes , &c. without their consents in a free parliament , such an one you deny this present to be , and i contrariwise affirme it , and have demonstrated it , and so farwell this argument . . most of those ancient forces are revolted and declared rebells , and therefore this parliament shall not avail themselves of others in their roomes . . many now pretending for ireland hath been obstructers of its reliefe . this is a strong argument against the legalitie of the tax . . the reliefe of ireland is not now upon the first just and pious grounds . ( 't is false they are now just the same . ) but to joyne with owen roe ; the parliament have disclaim'd the actions of two brave men in that affaire . notwithstanding the prudence advantage and necessitie of it ; which certainly cannot but declare that they are not over affected with him and his interest . your fourth reason is the coercive power and manner of levying this tax , as though upon cases of necessitie and imminent danger a state must want necessary reliefe , because such and such a skittish person is not satisfied , and if we see that many actions of private men ( otherwise illegall ) are justified by their subordination to the publike . how much more must we thinke of common-wealths themselves in whom the chiefe care and trust of preservation is reposed ; which how they could be endowed with , know not i , unlesse they had also a power to enforce those reliefs , which necessity and reason of sta●e so usually require , and therefore your first reason that they ought not to distraine is nothing , since it determines not in what cases it is unlawfull to distraine , and you withall take it as granted that this is an unlawfull tax . . for imprisonment ; it hangs upon the same false supposition as the former , and all you can instance who hath been imprison'd upon this act invalid ; since a many laws come accompanyed with a terror , which they also intend shall seldome or never be put in execution . . levying of taxes by souldiers was judged high ▪ treason in strafords case , as though there were not difference between a supreame authority and a subject , a time of peace and war . . if any person bring his action at law we shall be stopt by the committee of indemnity , as though the parliament ( who are so much above all ordinary proceedings of law ) ought not in justice to protect those who execute their just commands . your fifth reason is ; the tune sticks much with you , for if we have such a tax in the first yeare of englands declared freedome , what shall we have in the second , &c. to this i answer evax ! vah ! there wants a comma , to expresse irrision and indignation . your sixth , is the order or newnesse of tax is is the first you find jmpos'd by the commons house after the parliament dissolved . lingua ! thou strikst too much upon one string thy tedious plain-song grates my tender ears . i thought this argument had been thred bare enough to be used againe , but no matter 't is your custome , but certainly , a man of your imployment and speed is to be forgiven if he forget what he wrote three pages before ; and yet this you confirme with a not able reason ( as you think ) out of ovids remedio amoris : principiis obsta , &c. a bu kin that may fit any fool , and clog any objection whatever . your seventh is the excessivenesse of the tax . a main objection indeed , when you were to treat about its legality , but i must tell you occasions are also excessive , as i told you when i answered your third reason in which this your seventh reason ( according to the usuall caball of your writing ) was also involved , i shall onely adde now that i wonder by what arithmetick you calculate pounds per mens ▪ to be half the revenue of the nation , and by what analogy of reason ; you instance the imposition of the popes legate on the english clergy , to affront an act of parliament concerning the whole nation . your eighth ( for i would gladly once be rid of you ) is , the principall judgement of this tax is to free us from free quarter , and you say ▪ . free-quarter is illegall ( and you make an ample citation for it ) and so ought to be taken off without any compensation . 't is true ! but when there is a necessity of keeping up a souldiery whether of the two evills is to be chosen : and secondly , you say , that they have often promis'd to take off free quarter , but still as soon as contributions were paid , there was as much free quartering as formerly , and therefore because some under-officers are negligent , and some common-souldiers rude ; an act of parliament must become invalid , although it may be affirmed that the discipline of this army is as regular and strict as can be possible , and therefore it is not strange , if they be not subject to such disorders as might commonly make such companies of men both detestable or hated , and yet certainly there are some among them very rare myrmidons , if that strange tragae-comedy of may . ( a day it seems fatall to your strong-beer and provisions ) be true , for certainly ( according to your lamentations ) it is as dreadfull and hideous as the breaking up of an inchanted castle , or some new commotion in the dolorous cav● , or st. patricks purgatory . to your ninth ( which in my understanding is the same with your third ) the end of this taxe is not for defence of the kingdome , but abolishing of monarchy &c. we affirme this for the defence of the nation , and all the rest we confesse . to the last , which you suppose chain-shot , but indeed is a squirt , whereas you say , that in your poor judgement it will be offensive to god and good men . certainly god hath stampt too many visible characters of his favour upon these proceedings , to withdraw his assistance from this parliament , for prosecuting that work which he is pleased with : and for good men ; there are thousands think it both necessary and fit to pay it . scandalous to the protestant relegion . as how ? dishonourable to the english nation , for bravely asserting their liberties , and giving so faire an example of magnanimity and bravery to europe and posterity , hindring the speedy settlement of our peace . me thinks we are at peace already , if you mean a peace with c. stewart , cursed be the peace-makers : ingage scotland and forreigners to avenge the kings death , ( as though that arme that hath hitherto held us up were shortned ) and dis-inheritance of his posterity , who you say will be setled . quid si coelum ruat ? and therefore you would have us accept of c. stewart , and jumble up a peace . certainly , mr. prynne ) if you had but the least dram of a considerate person within you , you could not but know that the re-establishment of the king of scotland among us , were somewhat worse the an anarchy , and that a peace with him were more dangerous and destructive then any war , for if we will consider his attaining the crown of england according to the principles of his own party , we may find it a businesse so horrid and detestable , that none but a cataline could lend a wish to it : either certainly he must come in by forreign conquest , or under pretence of his old title , or else by admission and constitution of the people : if the first , what english man can conceive it either safe or honourable ? what man would not dread to be scourg'd by forreigne force ? or whether are such auxi●iaries safe or no to him that employes them ? or by what law or justice could hee bring in people of strange tongues or habits to subdue those peop●e , whose father he pretends to be ? or who must give accompt for the blood that must necessarily be spilt in such a quarrell ? or where will there be found wealth in an exhausted nation to satisfie the avarice of strangers , make up the losses of homesufferings , and reward deservers ? questionlesse the outrages of marius and scilla , and the spanish butcheries in america would be but petty executions to what the victor ( arm'd with rage and revenge ) would inflict , and we should suffer ; and how many brave lives would be taken away , and made sacrifices to the ghost of our last king , 't is perfidy and disloyalty ( me thinks ) to the majesty of the people of england to imagine the sadnesse of these consequences ; nor see i how those of the second head are much milder ; for suppose him like titus , or our henry the fift , better'd by his accesse to government , and that he dealt with this people as tender and cautiously as any man under heaven could doe . yet were not our weaknesse able to endure that alteration . for if it hath cost so much blood and treasure to come to the point where we are . a relaps must needs bee considerably worse , seeing it would be impossible to eradic●●e memories and revenges ; but the dregs thereof would stirre the prevailing party to some insolensies which the spirit or condition of this people were unable to endure , and what this would by degrees come to ; it is not safe to imagine : or if you would have it the third ( as me thinks an elective king suits but ilfavouredly with your politicks ) methinks it were not hard for the people to find out some hand to which ( in case there were either necessitie or reason for such a change ) they might entrust their liberties , better then with one who comming from an unfortunate family , scourg'd for many generations with tragicall and untimely ends , and now a long time groaning under the anger of divine justice , must in all reason and probability export the consumma●ion and accomplishment of the same fa●e . not to say that a filiall alleagiance may oblige him to some savagenesses , which could not at all fall under the interest of another person , and that education and continuall infusion of the same machivilian councels , must necessary make him bend his government that way , which hath been so detestably oppressive to three nations , that they preferr'd a long , sharp and unnaturall war , before durance under it . for your transcriptions out of john lilburn's book of june . i shall not say much , because 't is indeed his work ( excepting a few idle glosses of your own ) and 't is you that i onely have at task and time , and besides that book hath been fully answer'd in another place , onely give me leave to fix a remark upon your violent and furious malice that so blinds you , that you seize upon any thing ( though never so unjustly or indiscreetly ) that may the least contribute to the dishonour of that senate from whence your demerits have so worthily ejected you : that lilburn whom not many moneths since , you call'd lyar , detestable lyar , notorious lyar , whom you writ against in severall of your treatises , and loaded with all those calumnies and reproaches which an ●xulcerated malice , or a debausht pen could cast upon him ; now , when he begins the least to close with you ( though god knows upon different ends and principalls ) is no more an abaddon , a fury , a disturber , but a grave veritable authentick classic author , and one whose excellent writings ( for never in all this world were two pens so like ) must contribute above ten pages to the latter end of your book . and besides , consider what reputation it is to you , that seem to carry the face of a grave civill writer , to stuffe your materiall books ( and this indeed i think you conceive one of your master-pieces ) with such large contributions of the most unworthiest pamphlets , which the disease and intemperance of a deprav'd time can vomit up amongst us . consider it i pray you , and flatter not your self with any hope that the world will continue to expect any thing else from you then dirt and ribaldry , and that your books will carry any other desteny with them ( as being all born under such bad ascendents , and untoward aspects ) ▪ then had the cardinall compegio's sumpters , which though they march'd in a magnificent and sightly array , were ( upon a little bolder examination ) found to be stuft with old boots and raggs , and such like trumpery . and now before a close give one ( who though he bee much inferiour to you both in years , and acquir'd knowledges , yet hath spent the small time he hath liv'd in the best observation of men and things that he could ) to be a little serious and remonstrat unto you somewhat , which being spoke by them that have the most charity , and best wishes for you ; cannot but if you follw it , bring repose unto your self , some content to the world , ease to the stationer , and possibly make the catalogue of indiscreet busie men lesse by one : you are of an honourable profession , doe not dishonour it by a continuation of your lybelling . in that orb you may arrive to some estimation , but when you stray out of it , you are a traytor to your own credit , and doe your selfe that same disrepute which your enemies could wish unto you ; if you stay where providence hath plac'd you : your presidents , and bulkish quotations may be of use and service , but when you break your ●edder , you run wild , and like ajax in the trajedy , fight with sheep in stead of men ; for it seems that all-seeing wisdome hath not design'd you a master of those knowledges which direct and enable the mind of man to judge and examine the changes of humane things , and therefore it were no more but your duty rather to sit still with a sober acquiesce and acknowledgement of that knowledge you now enjoy ; then vainly and wildly to run in such pathes whither neither your starrs nor genius seem to lead or prosper you . another thing is , that this continuall kicking at the present power , shews you to have somewhat of the salamander in your nature , and that like the camell you list to drinke of no waters which your feet have not troubled , and therefore you would doe your selfe much more right with all that are to judge you , if you discreetly and patientl● complyed with all the out-goings of providence , and would not murmur at some dispensations , which it seems god would have to be no otherwise : and therefore give me leave to conjure you to manage your leisure better then in producing such filthy ill-natur'd pamphlets as you almost every day belch out against the state , which protects you ; or that if you must needs write , you would be pleas'd to inhibit or suppresse them , and by that means save the charge of brown paper for roast-meat and pye-bottoms : or else according to horace his advice , let them serve a nine years apprenticeship at the druggists , which if they serve , you might try whether you your selfe had the patience to read them , and so learn to forgive others that could not : but if none of this will do ▪ and you are deafe and inexorable to your own purposes ; we must give you up as incurable , and say , the spirit of sedition and jenkins hath enterd this man , and the blatant-beast ( in spencer ) is never like to be bound again so long as she survives in you . fare ye well . the end . notes, typically marginal, from the original text notes for div a e- pref. to don quixot ▪ the final protest, and sense of the citie this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the final protest, and sense of the citie l'estrange, roger, sir, - , attributed name. sheet ([ ] p.) s.n., [london : ] sometimes attributed to sir roger l'estrange. imprint from wing. annotation on thomason copy: "xber [i.e. december]: . ". reproduction of the original in the british library. eng england and wales. -- committee of safety -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no the final protest, and sense of the citie. [l'estrange, roger, sir] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the final protest , and sense of the citie . having diligently perused two printed papers , bearing date the th . of this instant december : the one , in form of a proclamation concerning the summoning of a parliament : the other , as an order of the common council , commanding the city to acquiesce in expectation of that parliament : we find therein contained , matters , so contrary to the honour of the nation , and to the freedom of the city , that we stand obliged , both as englishmen , and as citizens , to protest , against the impositions of the former , as illegal , and the concessions of the latter , as a direct combination against us . these two papers are seconded by a third : ( for the two are one , both in effect , and design , ) and that is , a proclamation of banishment , directing to the late kings party , under the notion of the common enemy : so that there 's no love lost betwixt the committee of safety , and the common council , when the general provides for the peace of the city ; and the mayor , for the safety of the army ; not to argue acts of oblivion ; and the violation of publique faith in the case : that they conditioned for their lives and liberties ▪ and compounded for their fortunes . this is not our concern , what they do suffer ; but what we may , if we trust those , that keep no faith with them : and that we 'll take a care of : when they are gone , then we are the common enemy ; so are the laws of god , and of the nation , and such is every man that loves them . what this malignant party is , these people talk of , we neither know , nor meddle ; the gentry 't is we live by , and by the laws of gratitude , and hospitality , we are bound to protect them , and as well resolved to do it , within our walls , against any other power , than that of the known law . the short of the design is this , a danger is pretended to the city , from the late kings party , and to prevent the mischief , the kind committee banishes the gentlemen ; with order to the mayor of wallingford , ( late of london ) &c. — to make strict searches for delinquents . now in pursuance of this pretious order , our houses must be forced , and we disarmed , and then , our throats cut , to preserve the city . let those that would be chronicled for slaves , & fools , submit to suffer this ; and after that infamous hour , may a yellow coat , and a wooden dagger be the badge , and distinction of a citizen . to conclude , we our selves are that city , so much the care and cry of the proclamation ; and this is our unanimous sence , and resolve . the army proposes to pillage , and murther us , the mayor , and his worthy advisers , ireton ▪ &c. — are to hold our hands , whiles they give the blow ; so , that we are now to provide both against force and treason ; having one enemy within our walls , and another in our councils . but withall , we have our swords in our hands , and our brains in our heads ; so that only to strike the one , and to dis-believe the other , is to subdue , and disappoint them both . we do therefore declare to the world , that we will by violence oppose all violence whatsoever , which is not warranted by the letter of the established law : and that in pursuance of this duty , both toward the nation , and city , an insolent souldier , and an apostatized magistrate shall be to us as the same thing . — not to word it much further , as we will not be bafled , by affronts , so neither will we be fooled by flatteries . — after the loss of trade , and liberty , a vast expence of blood , and treasure ; after many injuryes received , more threatned , and none returned ; we made a sober , and regular application , to the authority of the city , for redresse . this they promised , and wee expected , til at last , instead of a reparation for past wrongs , or a security against worse to come ; we are paid with an expectation of a parliament in january . this is a logique we understand not . it is in english , lye still , till you have your throats cut . it would be well to commit the disposition of our fortunes , to those people , that are at this instant designing an execution upon our persons ; and to requite those worthies , that have already robb'd us of all we have lost , with the offer of that little rest they have left . but this will not do our businesse ; we will not have our murtherers , for our judges : nor will we wait . that parliament they babble of so much , will not soon vote up the city again out of ashes , nor all the saints in that holy assembly , be able to bring the poor cobler into the world again , that was kill'd by order of his brother hewson . no , the cheat is too stale , and we are determined to redeem our selves ; but with this caution ; we do solemnly professe , that we will exercise all the tendernesse which possibly the case will bear . the common soldier is engaged rather out of a heedelesse , than malitious interest : we do therefore protest , that such of those as shall not evidence their malice , by their obstinacy , shall receive a faire consideration ; but , for such as lead them , we do resolve , not to allow quarter to any one of them , that draws his sword in the quarrel : and in order to the quicker , and gentler dispatch of the businesse : we conclude with a text . fight neither with small nor great , but with the king of israel . and so god give a blessing to the endeavours of all honest men . a brief review of the most material parliamentary proceedings of this present parliament, and their armies, in their civil and martial affairs. which parliament began the third of november, . and the remarkable transactions are continued untill the act of oblivion, february . . published as a breviary, leading all along successiviely, as they fell out in their severall years: so that if any man will be informed of any remarkable passage, he may turne to the year, and so see in some measure, in what moneth thereof it was accomplished. and for information of such as are altogether ignorant of the rise and progresse of these times, which things are brought to passe, that former ages have not heard of, and after ages will admire. a work worthy to be kept in record, and communicated to posterity. vicars, john, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a brief review of the most material parliamentary proceedings of this present parliament, and their armies, in their civil and martial affairs. which parliament began the third of november, . and the remarkable transactions are continued untill the act of oblivion, february . . published as a breviary, leading all along successiviely, as they fell out in their severall years: so that if any man will be informed of any remarkable passage, he may turne to the year, and so see in some measure, in what moneth thereof it was accomplished. and for information of such as are altogether ignorant of the rise and progresse of these times, which things are brought to passe, that former ages have not heard of, and after ages will admire. a work worthy to be kept in record, and communicated to posterity. vicars, john, or - . hamilton, james hamilton, duke of, - . several speeches of duke hamilton earl of cambridg, henry earl of holland, and arthur lord capel, upon the scaffold immediately before their execution, on friday the . of march. [ ], , , - p. : ill. printed by m.s. for tho: jenner, at the south-entrance of the royal exchange., london : . attributed to john vicars. includes "the severall speeches of duke hamilton earl of cambridge, henry earl of holland, and arthur lord capel. spoken upon the scaffold immediately before their execution, on friday the ninth of march, " with caption title; pagination and register are separate. annotation on thomason copy: "aprill "; the imprint date has been altered to . reproduction of the original in the british library. eng england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . executions and executioners -- england -- early works to . last words -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government, - -- early works to . a r (thomason e _ ). civilwar no a brief review of the most material parliamentary proceedings of this present parliament, and their armies, in their civil and martial affai vicars, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a brief review of the most material parliamentary proceedings of this present parliament , and their armies , in their civil and martial affairs . which parliament began the third of november , . and the remarkable transactions are continued untill the act of oblivion , february . . published as a breviary , leading all along successively , as they fell out in their severall years : so that if any man will be informed of any remarkable passage , he may turne to the year , and so see in some measure , in what moneth thereof it was accomplished . and for information of such as are altogether ignorant of the rise and progresse of these times , which things are brought to passe , that former ages have not heard of , and after ages will admire . a work worthy to be kept in record , and communicated to posterity . hosea . . who is wise , and he shall understand these things ? prudent , and he shall know them ? for the wayes of the lord are right , and the just shall walk in them : but the transgressors shall fall therein . london : printed by m. s. for tho : jenner , at the south-entrance of the royal exchange . . in the first year of king charles his reign , a parliament being called at oxford , two subsidies were granted , no grievances removed , but the said parliament soon dissolved . the sad effects which the dissolution of this parliament produced , were the losse of rochell , by the unhappy help of englands ships . the diversion of a most facile and hopefull war from the west-indies , to a most expensive and succelesse attempt on cales . the attempt on the isle of ree , and thereby a precipitate breach of peace with france , to our great losse . a peace concluded with spain , without consent of parliament , contrary to a promise formerly made to the kingdom by king james , a little before his death ; whereby the cause of the palatinate was altogether most shamefully deserted by us . the kingdom suddenly billetted with souldiers , and a concomitant project set on foot , for germane horses , to force men by fear , to fall before arbitrary and tyrannicall taxations continually to be laid upon them . parliament . the dissolution of a second parliament at westminster , in the second year after a declarative grant of no lesse then five subsidies , and the sad issues that flowed to the kingdom thereupon . as first , the violent exacting from the people that mighty sum of the subsidies , or a sum equal to it by a commission for a royal loan . many worthy gentlemen imprisoned and vexed , that refused to pay it . great sums extorted by privy seals and excises , and the most hopefull petition of right blasted . parliament . a third parliament called , and quickly broken in the fourteenth year of the king , the best members clapt up close prisoners , denied all ordinary and extraordinary comforts of life ; and so that paliament was dissolved . opprobrious declarations published to asperse the proceedings of the last parliament , yea proclamations set out to those effects , thereby extreamly to dis-hearten the subjects , yea , and plainly forbidding them once to name a parliament , or to desire them any more . whence immediatly gushed out the violent inundations of mighty sums of money , got by that strange project of knight-hood , yet under a colour of law . the most burthensome book of rates , the unheard of taxation of ship-money ; the enlargement of forrests contrary to magna charta ; the injurious taxation of coat and conduct money ; the forcible taking away of the trained-bands arms ; ingrossing gunpowder into their hands in the tower of london . the destruction of the forrest of dean , which was sold to papists , whence we had all our timber for shipping . monopolies of sope , salt , wine , leather , and sea-coal ; yea , almost of all things in the kingdome of most necessary and common use . restraint in trades and habitations ; for refusall of which foresaid heavy pressures , many were vext with long and languishing suits ; some fined and confined to prisons , to the loss of health in many , of life in some ; some having their houses broken open , their goods seized on , their studies or closets searched for writings , books , and papers , to undo them ; some interrupted also in their sea-voyages , and their ships taken from them . the crushing cruelties of the star-chamber court , and councel table , where the recorder of salisbury was greatly fined for demolishing the picture of the first person in the trinity , in their great cathedrall . thus far for the miseries of the common-wealth ; popish ceremonies , romish innovations , and such like other outrages of the arch prelate of canterbury , and his prelaticall agents and instruments , over the whole kingdom , in matters of religion , divine worship , and spirituall cases of conscience . additions in the oath administred to the king , at his first inauguration to the crown , by the arch-bishop . fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gagget , confinements , and banishments ; yea , and that into perpetuall close imprisonments , in the most desolate , remote , and ( as they hoped and intended ) remotest parts of the kingdome . mr ▪ burton , mr bastwick , mr prin. the ruinating of the feoffees for buying in of impropriations , and the advancing to ecclesiasticall livings arminians , silencing with deprivations , degradations , and excommunications , almost all the most pious pastors over the land , whom they could catch in their snares , and all this under a pretence of peace , unity , and conformity . printing presses set open for the printing and publishing of all popish and arminian tenets , but shut up and restrained from printing sound doctrines . nay , not only thus lamentably molested in england , but attempted the like in scotland , indeavouring to impose upon them new liturgie , and a book of canons . they refusing of them , were called and counted rebels and traytours ; yea , so proclaimed in all churches in england , and an army was also raised to oppresse and suppresse them . the arch-prelate of st andrewes in scotland reading the new service-booke in his pontificaliby assaulted by men & women , with cricketts stooles stickes and stones . the rising of prentises and sea-men on southwark-side to assault the arch-bishops of canterburys house at lambeth . scotland raising an army in their own just defence , and by force of arms , inforcing their own peace . a first pacification being then made by the king , and some of his nobility , and ratified under hand and seal , 'twixt them and the scots , yet was it shortly after quite broken off by the arch-prelat of canterbury , and the e. of strafford , and burnt by the hangman at the exchange . parliament . a fourth parliament was thereupon shortly after called again , by those complotters means , but to a very ill intent , and another parliament summoned also at the same time by the earl of strafford in ireland , both of them only to levy and procure moneys to raise another army , and wage a new war against the scots . the ships and goods of scotland , were in all parts and ports of this land , and of ireland also , surprized and seized on for the king ; their commissioners denyed audience to make their just defence to the king , and the whole kingdom of scotland and england too , hereupon much distracted and distempered with leavying of moneys , and imprisoning all amongst us that refused the same . this parliament also refusing to comply with the king , canterbury and strafford , in this episcopal war against the scots , was soon dissolved and broken up by them , and thereupon they returned to their former wayes of wast and confusion , and the very next day after the dissolution thereof , some eminent members of both houses had their chambers , and studies , yea , their cabinets , and very pockets of their wearing cloaths ( betimes in the morning , before they were out of their beds ) searched for letters and writings , and some of them imprisoned , and a false and most scandalous declaration was published against the house of commons in the kings name . a forced loan of money was attempted in the city of london , to be made a president ( if it prevailed there ) for the whole kingdome , but some aldermen refusing , were sorely threatned and imprisoned . in which interim , the clergies convocation continuing ( notwithstanding the dissolution of the parliament ) new conscience-opprissing-canons were forged , and a strange oath with a &c. in it was framed for the establishing of the bishops hierarchy , with severe punishments on the refusers to take it . the oath , that i a. b. doe sweare that i doe approve the doctrine and discipline or government established in the church of england , as containing all things necessary to salvation . and that i will not endeavour by my selfe or any other , directly or indirectly , to bring in any popish doctrine , contrary to that which is so established : nor will i ever give my consent to alter the government of this church , by arch-bishops , bishops , deanes , and arch-deacons , &c. as it stands now established , and as by right it ought to stand . nor yet ever to subject it to the usurpations and superstitions of the sea of rome . and all these things i doe plainly and sincerely acknowledge and swear , according to the plaine and common sence , and understanding of the same words , without any equivocation , or mentall evasion , or secret reservation whatsoever . and this i doe heartily , willingly , and truly upon the faith of a christian . so help me god in jesus christ . in this convocation sore taxations were also imposed upon the whole clergie , even no lesse than six subsidies , besides a bountifull contribution to forward that intended war against scotland . for the advancing of which said sums for this war , the popish were most free and forward ; yea , and a solemn prayer was composed and imposed by the bishops on their ministers every where , to be used and read in all churches against the scots , as rebels and traytors . the papists also in a high measure enjoyed even almost a totall toleration , and a popes nuncio suffered amongst us to act and govern all romish affairs , yea a kind of private popish parliament kept in the kingdom , and popish jurisdictions erected among them . commissioners were also ( secretly ) issued out for some great and eminent papists , for martiall commands , for levying of souldiers , and strengthening their party with arms and ammunition of all sorts , and in great plenty . his majesties treasure was by these means so extreamly exhausted , and his revenues so anticipated , that he was forced to compell ( as it were ) his own servants , judges , and officers of all sorts , to lend him great sums of money , and prisons filled with refusers of these and the other illegal payments ; yea , many high-sheriffs summoned in the star-chamber , and to the councel-board , and some of them imprisoned for not being quick enough in levying of ship-money , and such like intolerable taxations . in sum , the whole land was now brought into a lamentble and languishing condition of being most miserably bought and sold to any that could give and contribute most of might and malice against us , and no hope of humane help , but dolour , desperation , and destruction , to be the portion of all . in which interim , the scots being entred our kingdome for their own defence , the king had advanced his royal-standard at yorke , where the cream of the kingdom , nobles , and gentry being assembled , and a treaty betwixt the prime of both armies had at rippon , for a fair and peaceable accommodation , the king was , at last , inforced to take his nobles councel , and in the first place , a cessation of arms agreed on , and then this th present parliament ( the parliament of parliaments ) was necessitously resolved on to begin , november . . parliament , anno . novemb. . but behold a desperate plot and design was herein also immediately set on foot to spoyle or poyson it in the very embrio and constitution of it , in the first choyce of the members thereof , by letters from the king , queen , malignant and popish earls , lords , knights , and gentry , posts into all parts of the kingdom , to make a strong party for them , but by admirable divine providence , this their plot was counterplotted and frustrated , and the parliament most hopefully congregated and setled . shortly after , a very formidable spanish-fleet , or armado , appeared on our english narrow seas , in sight of dover , and was coming in ( as was on very strong grounds more then probably conjectured ) as a third party , to help to destroy us ; the spaniards hoping , that by this time , we and the scots were together by the ears , but they were by gods mercy , beaten off from us by our neighbours of holland . and we fighting against them , fought against our friends . the souldiers in their passage to york turn reformers , pul down popish pictures , break down rails , turn altars into tables , and those popish commanders , that were to command them , they forced to eat flesh on fridays , thrusting it down their throats , and some they slew . in the time of ours , and the scots armies residing in the north , which was in june , . the malignant lords and prelates , fearing the effects of this present parliament , complotted together to dissaffect that our english army against the parliament , and endeavoured to bring it out of the north , southward , and so to london , to compell the parliament to such limits and rules as they thought fit . whereupon the parliament entred upon this protestation . at the beginning of the parliament ( july ) there was a diligent inquisition after oppressions and oppressors , and first upon the petition of mistris bastwick and m●●●●…s burton , two widowed wives , and a petition exhibited in the behalf of mr pryn , dr laighton , mr smart , mr walker , mr foxley , mr lilburn , and many others , set at liberty , some being banish'd , and all close prisoners , others fast fettered in irons , and their wives debarr'd from coming to them . the earl of strafford then prisoner in the tower , attempted an escape , promising to sir william belfore then lieutenant of the tower , twenty thousand pounds , and the marriage of his daughter to sir williams son , if he would but consent , but sir william hated such bribes . then they attempted by false scandals on the parliament , to intice the army of the scots ( then still in the north ) to a neutrality , whiles our english army acted . die veneris july , . we the knights , citizens , and burgesses of the commons house in parliament , finding to the great griefe of our hearts , that the designes of the priests , jesuites , and other adherents to the sea of rome , have of late been more boldly and frequently put in practice than formerly , to the undermining and danger of the ruine of the true reformed protestant religion , in his majesties dominions established : and finding also that they have been and having just cause to suspect that there are still even during this sitting in parliament , endeavours to subv●rt the fundamentall lawes of england and ireland , and to introduce the exercise of an arbitrary and tyrannicall government , by most pernicious and wicked counsels , practises , plots , and conspiracies : and that the long intermission and unhappy breach of parliaments , hath occasioned many illegall taxations , whereupon the subject hath been prosecuted and grieved : and that divers innovations and superstitions have been brought into the church , multitudes driven out of his majesties dominions , jealousies raised and fomented betwixt the king and his people , a popish army l●vyed in ireland , and two armies brought into the bowels of his kingdome , to the hazard of his majesties royal person , the consumption of the revenues of the crown and treasure of his kingdome : and lastly , finding great cause of jealousie that endeavours have been , and are used to bring the english army into a mis understanding of this parliament , thereby to incline that army with force to bring to pass those wicked councels , have therefore thought good to joyne our selves in a declaration of our united affections and resolutions , and to make this ensuing protestation . the protestation . i a. b. do in the presence of almighty god , promise , vow , and protest to maintaine and defend , is far as lawfully i may , with my life , power , and state , the true reformed protestant religion , expressed in the doctrine of the church of england , against popery and popish innovations , within this realme , contrary to the same doctrine , and according to the duty of my allegiance , his majesties royall person , honour , and estate , as also the power and priviledges of parliament , the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall do , in the lawfull pursuance of the same . and to my power , and as far as lawfully i may , i will oppose , and by all good wayes and means endeavour , to bring to condigne punishment , all such as shall either by force , practice , councels , plots , conspiracies , or otherwise , do any thing to the contrary of any thing in this present protestation contained . and further , that i shall in all just and honourable ways endeavour to preserve the union and peace between the three kingdoms of england , scotland , and ireland , and neither for hope , fear , nor other respect , shall relinquish this promise , vow , and protestation . the earl of straffords speech on the scaffold , may . . my lord primate of ireland ( and my lords , and the rest of these gentlemen ) it is a very great comfort to me , to have your lordship by me this day , in regard i have been known to you a long time , i should be glad to obtain so much silence , as to be heard a few words , but doubt i shall not ; my lord , i come hither by the good will and pleasure of almighty god , to pay the last debt i owe to sin , which is death , and by the blessing of that god to rise again through the mercies of christ jesus to eternal glory ; i wish i had beene private , that i might have been heard ; my lord , if i might be so much beholding to you , that i might use a few words , i should take it for a very great courtesie ; my lord , i come hither to submit to that judgement which hath past against me , i do it with a very quiet and contented mind , i do freely forgive all the world , a forgiveness that is not spoken from the teeth outward ( as they say ) but from my heart ; i speak it in the presence of almighty god , before whom i stand , that these is not so much as a displeasing thought in me , arising to any creature ; i thank god i may say truly , and my conscience bears me witness , that in all my services since i have had the honour to serve his majesty , in any imployment , i never had any thing in my heart , but the joynt and individuall prosperity of king and people ; if it hath been my hap to be misconstrued , it is the common portion of us all while we are in this life , the righteous judgement is hereafter , here we are subject to error , and apt to be mis-judged one of another , there is one thing i desire to clear my self of , and i am very confident , i speak it with so much clearnesse , that i hope i shall have your christian charity in the belief of it ; i did alwayes think that the parliaments of england , were the happiest constitutions that any kingdome or any nation lived under , and under god the means of making king and people happy , so far have i been from being against parliaments ; for my death , i here acquit all the world , and pray god heartily to forgive them ; and in particular , my lord primate , i am very glad that his majesty is pleased to conceive me not mericing so severe and heavy a punishment as the utmost execution of this sentence ; i am very glad , and infinitely rejoyce in this mercy of his , and beseech god to turn it to him , and that he may find mercy when he hath most need of it ; i wish the kingdom all the prosperity and happines in the world ; i did it living , and now dying it is my wish . i do now profess it from my heart , and do most humbly recommend it to every man here , and wish every man to lay his hand upon his heart , and consider seriously whether the beginning of the happines of a people should be writ in letters of blood ; i fear you are in a wrong way , and i desire almighty god , that not one drop of my blood may rise up in judgement against you . ( my lord ) i profess my self a true and obedidient son to the church of england , to the church wherein i was born , and wherein i was bred ; prosperity & happines be ever to it : and whereas it hath been said , that i have inclined to popery , if it be an objection worth answering , let me say truly , that from the time since i was twenty one years of age , till this hour , now going upon forty nine , i never had thought in my heart , to doubt of the truth of my religion in england ; and never any had the boldnesse to suggest to me contrary to the best of my remembrance ; and so being reconciled to the mercies of christ jesus my saviour , into whose bosom i hope shortly to be gathered to that eternall happiness that shall never have end , i desire heartily the forgivenesse of every man , both for any rash or unadvised word , or deed , and desire your prayes : and so my lord farewel , farewel all the things of this world : lord strengthen my faith , give me confidence and assurance in the merits of jesus christ . i desire you , that you would be silent and joyn in prayers with me , and i trust in god that we shall all meet , and live eternally in heaven , there to receive the accomplishment of all happines , where every tear shall be wiped from our eyes , and every sad thought from our hearts : and so god bless this kingdome , and jesus have mercy upon my soule . amen . the earle of strafford for treasonable practises beheaded on the tower-hill anno . octob. . about this time that inhumane bloudy rebellion , and monstrous massacring of almost innocent english protestants , men , women , and children , brake out in ireland , namely , about october . . having had their principall encouragements from the court of england , and of purpose to have made england the chief seat of the war . the design now went on chiefly against the city of london , for which purpose , the lieutenant of the tower , sir william belford was displaced , and cottington made constable of the tower ; but he was soon displaced , and c. lunsford was made lieutenant of the tower ; but he also was displaced , and sir john byron was made lieutenant of the tower in lunsfords stead ; but he also with much ado removed , and sir john conyers was put in his place . to the kings most excellent majesty , and the lords and peers now assembled in parliament . the humble petition and protestation of all the bishops and prelats now called by his m●j●st●●● writs to attend the parliament , and present about london and westminster for that service . that whereas the petitioners are called up by severall and respective writs and under great penalties to attend the parliament , and have a clear and indubitable right to vote in bils , and other matters whatsoever debatable in parliament , by the ancient customes ▪ lawes , and statutes of this realm , and ought to be protected by your majesty quietly to attem●… and prosecute that great service . they humbly remonstrate and protest before god , your majesty , and the noble lords and peers now assembled in parliament , that as they have an indu●●●ate right ●o sit and vote in the house of lords ; so are they ( if they may be protected from force and violence ) most ready and wil●i●g to performe their duties accordingly and that they doe abominate all actions or opinions tending to popery , and the maintenance thereof ; as also all propension and inclination to any malignant party , or any other side or party whatsoever , to the which their owne reasons and conscience shall not move them to adhere . but , whereas they have been at severall times violently menaced , affronted and assaulted by multitudes of people , in their coming to perform their services in that honourable house , and lately chased away , and put in danger of their lives , and can find no redresse or protection , upon sundry complaints made to both houses in these particulars . they likewise humbly protest before your majesty , and the noble house of peers , that saving unto themselves all their rights and interests of sitting and voting in that house at other times , they dare not sit or vote in the house of peers , untill your majesty shall further secure them from all affronts , indignities , and dangers in the premisses . lastly , whereas their fears are not built upon fantasies and conceits , but upon such grounds and objects as may well terrific men of good resolutions , and much constancy . they doe in all duty and humility protest before your majesty , and the peers of that most honourable house of parliament , against all lawes , orders , votes , resolutions , and determinations , as in themselves null , and of none effect , which in their absence since the th of this instant moneth of december , . have already passed ; as likewise against all such as shall hereafter passe in that most honourable house , during the time of this their forced and violent absence from the said most honourable house ; not denying but if their absenting of themselves were wilfull and voluntary , that most honourable house might proceed in all their premisses ▪ their absence , or this protestation notwithstanding . and humbly beseeching your most excellent majesty , to command the clerk of the house of peers to enter this their petition and protestation among their records . they will ever pray to god to bless , &c. jo. ebor. th dures . rob. co. lich jo norw jo. asa. gul ba. & wells . geo. heref. rob. ox. ma. ely . godf. glouc. io. peterb . morr . landaff . the high commission-court and starr-chamber voted down , and pluralities & non residencies damned by parliament . the bishops had a plot about this time , to subvert the parliament , by indeavouring to get the king to protest against their proceedings in it ; but of them were impeached of high treason , and imprison'd in the tower , and afterward all disabled from ever sitting in the parliament . bishops voted down root and branch , nullo contradicente : the citizens of london the same night made bonefires , and had ringing of bels . the parliament published an ordinance , injoyning all popish recusants inhabiting in and about the city , all dis-affected persons , and such as being able men , would not lend any money for the defence of the common-wealth , should forthwith confine themselves to their own houses , and not to go f●rth without speciall license . an ordinance to apprehend dis-affected persons in the city , whereof were four aldermen put in safe custody , in crosby house , and some in gressam colledge . a letter sent to mr pym . mr pym , do not think that a guard of men can protect you , if you persist in your trayterous courses and wicked designs : i have sent a paper-messenger to you , and if this does not touch your heart , a dagger shall , so soon as i am recovered of my plague-sore . in the mean time you may be forborn , because no better man may be endangered for you : repent traytor . after this the king himselfe violently rushed into the house of commons accused five of their most eminent members of treason , demanded their persons to be delivered up unto him , intending to destroy all that resisted him therein , but crost by the happy absence of the gentlemen . this plot was attempted jan. . . col. lunsford assaulted the londoners at westminster-hall , with a great rout of ruffanly cavaliers . the queen when she went over beyond seas , one of her ships wherein she had great treasure , sprung a leak , and much was lost and spoyled ; and when she returned for england , she had a mighty storm at sea , which brake the mast of van trom's ship , and after eight dayes boisterous turmoyl , she was driven back again . there was broke and lost ships of ammunition , and they that were driven back were almost starved . anno . binion a silk-man of london , and the kentish malignants , wherein sir edw. deering had a principal hand , framed petitions against the proceedings of parliament ; but both were rejected , and they fined and imprisoned . the king forsakes the parliament , and getting the prince to him , leaves london , and posts into the north , and there attempts to get hull into his hands . sir francis windebancke , sir john finch , the lord digby , jermyn , &c. flye for their lives beyond sea . the king interdicts the militia , but the messenger was hanged at the exchange . the lords and gentry of ireland and scotland , petition the king to return to his parliament ; yea and the gentry and commons of yorkshire doe the like , but are all rejected . the king set on foot a commission of array . three letters were intercepted , discovering a plot against the parl. by wilmot , digby , jermyn , cro●ts , and others , which came to nothing ; but we by taking some of their ships were advantaged . sir rich. gurney lord mayor and an array man , was clapt up in the tower . proclamations and declarations against the parliament , read in all churches and chappels within the kings power . sir john pennington displaced , and the earl of warwick put in his place . hull besieged by the marquess of newcastle , and in that interim , beckwith a papist , plotted to betray it by firing it in several places . the citizens of london proffer their service to attend and guard the parl. by land to westminster , to secure them from danger . by water also the stout ship-masters and marriners made ready a great number of long-boats furnished with ordnance , muskets , and other sea-warlike instruments , their vessels gallantly adorned with flags and streamers , together with martial musick , drums and trumpets ; when they came to white-hall and understood that the parliament were safely arriv'd , the train'd bands by land , and the sea-men by water , let flye their thundring shot both smal and great , their trumpets sounding , and their drums beating in a tryumphing and congratulatory manner , was a singular testimony of their cordial affections . the same day buckingham-shire men , both gentlemen , ministers , and others of that countrey on hors-back , with their protestations in their hats , for reformation of evils in church and state , and to assure their best services and assistance to the parliament , on all just occasions ; and out of essex , hartford , bark-shire , surrey , and other counties of the kingdome , came one after another . the earl of essex was ordained lord general over all the parl. forces , which he faithfully managed , as edge-hill , newbury , and other places can abundantly witness . at edge-hill pieces of canon shot against of the earl of essex life guard , and not one man hurt : and those brake in upon of the kings ; four of the parl. regiments ran away , and sixteen troops of horse , so we were and they , yet we took their standard , and cleft sir edw. varney standard-bearer in the head , and slew the lord lindsey general of the field . a plot to have blown up all the lord generals magacine of powder , and another at beverley in yorkeshire , to have slain sir john hotham , both intended by one david alexander , and hired thereunto , but both timely prevented . commissioners granted to popish recusants to leavy men and arms against the parliament . the king received the most bloody irish rebels petition , and permitted their persons with great favour and allowance about him , calling and counting them good catholick subjects ; but utterly rejecting the petition ( exhibited by the lord general ) desiring peace and reconciliation with him . a treaty of peace was really intended by the parliament , but meerly pretended by the king for a while , in which interim , that most bloody bickering at brainford , was committed by the kings party , the city of london mightily preserved . new high-sheriffs , for the better collecting of the li . subsidies , intended to have been confirmed to the king in a former parliament , crost ; and an o●dinance set on foot for the successefull association of counties for mutuall defence one of another . a design of the royalists at oxford , and elsewhere , to proceed against the prisoners as traitors , and so put them to death , by which dr bastwicke , captain lilburn , were to have been tryed for their lives , but preserved by an ordinance for execution of a lex talionis , and so of executing the royal prisoners among us . anno . a notable plot against the city of london , immediately upon the cities preferring a petition to the king , by the hands of two aldermen , and four commoners of the said city , in reply to which petition , the king sending as his messenger , one captain hern to the city , and the whole body of the city assembling at a common-hal , this hern desires faire play above board of them , but the busines being found to be a notable design of the malignant citizens against the parl. and the ( then ) lord maior of london , and the government of their city , the major part cry out in the hearing of hern , they would live and dye with the parl. and so sent hern away with a flea in his ear . a letter sent to all the freemen , journeymen , and apprentices of city , to assemble at their several hals ; and there the masters and wardens of all companies to read the kings letter to them , and to perswade them to yeeld to all the kings commands against the city . this letter was voted scandalous . a plot to betray bristol , but discovered , two principal conspirators were by martial law condemned and hanged . the of may , . ye crosse in cheapeside was pulled downe ▪ a troope of horse & companies of foote wayted to garde it & at ye fall of ye tope crosse dromes beat trupets blew & multitudes of capes wayre throwne in ye ayre & a greate shoute of people with ioy , ye of may the almanake sayeth was ye invention of the crosse , & day at night was the leaden popes burnt ▪ in the place where it stood with ringinge of bells , & a greate acclamation & no hurt done in all these actions . mr pryn sent to search canterburies chamber and study : found the original scotch service-book with his own hand-writing , the cause of all the scots wars . london to have been betrayed under a pretence of peace , by mr waller , a member of parl. mr tomkins , mr challenor , and others ; but waller fined . l. and perpetuall banishment ; tomkins and challenor hanged , the one at the exchange , and the other in holborn . sir john hotham attempted the betraying of hull unto the queen . an order sent down to the church-wardens , to demolish altars , to remove the communion table from the east end , and to take away all tapers , candlesticks , and basons ; and to demolish all crucifixes , crosses , and all pictures and images of the trinity and virgin mary , both within and without all churches and chappels . a plot for betraying of lincoln by the two purfries , but preserved . gloucester admirably freed by the city regiments . a rebellion by the kentish malignants about tunbridge . a ship bound from denmark to the king , of about tun , richly laden with arms and ammunition ; another ship bound from newcastle to holland , laden with sea-coale , but in the midst thereof was found between or l . hid in the coals , sent to buy arms for the king ; a third great ship called the fellowship , of at least tun , carrying peeces of ordnance , taken by the parliament . scotland with an army of at least horse and foot , invited thereunto by the parl. in the bitter depth of winter , when they marched up to the middle in snow , and were forced to bring their artillery over the ice of the frozen river of tyne ; and the citizens of london lent the parl. a . l. for the scots first pay , to encourage their advance to help us against the kings forces . may . . voted the queen pawning the jewels of the crown in holland , and therewith buying arms to assist the war against the parl. and her own actuall performances with her popish army in the north , was high treason , and transmitted to the lords . images , crucifixes , papistical books in somerset and jameses were burnt , and five capuchin friers sent away . may . an ordinance for the making of forts , trenches , and bulwarks about the city . july . . the assembly of divines met , dr twiss prolocutor , the total . the bishop of canterburies first prayer on the scaffold , jan. . . o eternal god , and mercifull father , look down upon me in mercy , in the riches and fulnesse of all thy mercies , look upon me , but not till thou hast nailed my sins to the crosse of christ : look upon me , but not till thou hast bathed me in the blood of christ , not till i have hid my selfe in the wounds of christ , that so the punishment that is due to my sins may passe away , and go over me , and since thou art pleased to try me to the uttermost , i humbly beseech thee , give me 〈◊〉 in this great instant , full patience , proportionable comfort , a heart ready to dye for thine honour , and the kings happinesse , and this churches preservation ; and my zeale to these , far from arrogancy be it spoken , is all the sin , humane frailty excepted , and all incidents thereunto , which is yet known of me in this particular , for which i now come to suffer . i say in this particular of treason , but otherwise my sins are many and great , lord pardon them all , and those especially whatsoeever they be , which have drawne this present judgement upon me , and when thou hast given me strength to bear it , then do with me as seems best in thine owne eyes , and carry me through death , that i may look upon it in what visage soever it shall appear to me ; and that there may be a stop of this issue of blood in this more then miserable kingdome ; i shall desire that i may pray for the people too , as well as for my self : o lord , i beseech thee give grace of repentance to all people that sr alexander carew , sr. iohn hotham , captin hotham & the arch bishop of canterbury , be headed on iowerhill for ireason against ye parliament . have a thirst for blood , but if they will not repent , then scatter their devices so , and such as are or shall be contrary to the glory of thy great name , the truth and sincerity of religion , the establishment of the king , and his posterity after him , in their just rights and priviledges , the honour and conservation of parl. in their ancient and just power , the preservation of this poor church in her turth , peace , and patrimony , and the settlement of this distracted and distressed people , under the ancient laws , and in their native liberties ; and when thou hast done all this in mercy for them , o lord fill their hearts with thank fulness , and with religious dutifull obedience to thee and thy commandements all their dayes : so amen , lord jesus , and i beseech thee receive my soul to mercy . our father , &c. the bishop of canterburies last prayer on the scaffold . lord i am comming as fast as i can , i know i must passe through the shadow of death before i can come to see thee , but it is but umbra mortis , a meer shadow of death , a little darknesse upon nature , but thou by thy merits and passion hast broke through the jaws of death ; so , lord receive my soul and have mercy on me , and blesse this kingdome with peace and plenty , and with brotherly love and charity , that there may not be this effusion of christian blood amongst them , for jesus christ his sake , if it be thy will . and when he said lord receive my soule , which was his signe , the executioner did his office . a design to starve the city , by breaking into surrey , sussex , kent , but disappointed by s. w. waller , with the help of the city regiments . the king granted a cessation of arms with the bloody rebels of ireland , but it was observed he never prospered after that . a solemn league and covenant taken by the lords and commons in parl. and by the city of london , and all parts of the kingdom , in the parl. power . nottingham town and castle to have been betrayed , but prevented by col. hutchinson . a ship from denmark of tuns laden for the most part with round-heads , they were halfe pike-staves , with a great knob at the end of it , full of iron spikes , sent to the king , and great treasure ; but that year the swedes fell into denmarke , and took away halfe his countrey from him , . a plot against the city of london , by sir basil brooke , col. read , mr ripley , and vilot , citizens of london , and others , but prevented . . two desperate plots for the betraying of ailsbury , and one against southampton , but all three prevented . mr edward stanford , plotted with cap. backhouse for the betraying of the city of gloucester , and proferred l . for a reward , l . whereof was paid to the said captain , but the plot was frustrated . our army in cornwall preserved , with the losse of our artillery . a peace pretended at vxbridge , and a treacherous petition framed by the malignants of buckingham-shire , wherein one sir john lawrence of that country was a great stickler , but frustrated . melcomb regis , to have been betrayed , wherein divers of the malignant townsmen had a principal hand , and col. goring , and sir lewis dives , were agents therein , the town and forts recovered , and two ships with rich prizes from rhoan in france were seized on to make amends for their trouble . the service-book voted downe . earls and lords from oxford , submitted themselves to the parl. the famous victory of naisby over the kings forces , prisoners taken . a jewel of l . sent to gen. leven by the parl. all the kings commissioners taken at shaftsbury . basing-house taken and burnt . a plot in the west against the parl. by the glubmen . a sudden p●ot upon scotland , which was almost over-run by montross , but as suddenly recovered again , by generall david lesley , and montross discomfied and beaten away into the mountaines . a treaty with the parl. for a well-grounded peace , and yet at that time the earl of glamorgan , had a commission to the ruine of all the protestants in ireland , and consequently in england also . the great seal broken before the lords and commons , on tuesday the of august , . the negative oath . i a. b. do swear from my heart , that i will not directly , nor indirectly adhere unto , or willingly assist the king in this war , or in this cause against the parl. and i do likewise swear that my comming and submitting my selfe under the power and protection of the parl ▪ is without any manner of designe whatsoever , to the prejudice of the proceedings of the two houses of this parl. and without the direction , privity , and advice of the king , or any of his councell , or officers , other then what i have now made known . so help me god , and the contents of this book . the king escapes out of oxford in a disguised maner ordered , that whosoever conceals the kings person , shall be a traytor . a letter concerning the kings coming to the scots army , may . . right honourable , the discharging of our selves of the duty we owe to the kingdom of engl : to you as commissioners from the same , moves us to acquaint you with the kings coming in to our army this morning , which having overtaken us unexpectedly , hath filled us with amazement , and made us like men that dream ; we cannot think that he could have been so unadvised in his resolutions , as to have cast himselfe on us , without a reall intention to give full satisfaction to both kingdoms , in all their just and reasonable demands , in all those things that concern religion and righteousnes ; whatsoever be his dispositions or resolutions , you may be assured , that we shall never entertain any thought , nor correspondency with any purpose , or countenance any indeavours that may in any circumstance incroach upon our league and covenant , or weaken the union or confidence betwixt the nations , that union to our kingdom was the matter of many prayers , and as nothing was more joyfull unto us then to have it set on foot , so hitherto have we thought nothing too dear to maintain it , and we trust to walk with such faithfullnesse and truth in this particular , that as we have the testimony of a good conscience within our selves , so you , and all the world shall see , that we mind your interest with as much integrity and care as our owne , being confident you will entertaine no other thought of us . signed may . . lothian . a remonstrance exhibited in the name of the lord major , aldermen , and common-councel of the city of london , to the high court of parl. that some strict and speedy course may be taken for the suppressing of all private and separate congregrations . that all anabaptists , brownists , hereticks , schismaticks , blasphemers , and all such sectaries as conforme not to the publick discipline established , or to be established by the parliament , may fully be declared against , and some effectuall course settled for proceeding against such persons . that as we are all subjects of one kingdome , so all may be equally required to yield obedience to the government either set , or to be set forth . that no person disaffected to the presbyterian government , set , or to be set forth by the parliament , may be imployed in any place of publick trust . the king gave speedy order to several officers for the surrender of the towns , castles , and forts , which then were in the hands of the kings commanders , viz. oxford , worcester , litch feild , and wallingford . a petition delivered to his excellency from the officers and souldiers in the army , touching their faithfulness in the parl. service , doing summer service in the winter season , &c. further presented severall desires of theirs . that an ordinance of indempnity with the royal assent be desired . that satisfaction may be given to the petitioners for their arrears , both in their former service , and in this army before it is disbanded . that those who have voluntarily served the parliament , may not be prest to serve in another kingdom , &c. that those who have lost lives , limbs , or estates , may be provided for , and relieved . . the apology in answer to his excellencies letter , relating their sense of a second storm hanging over their heads , by the malice of a secret enemy , worse then the former now vanquished , expressing their sorrow that they cannot desire their owne security without hazard to his excellency , &c. concerning the abuse to divers well-affected to the army by imprisonment , to the ruine of their estates , and losse of their lives . and for their candid intentions and endeavours declared no less then troublers , and enemies to the state and kingdom , resolving rather to dye like men , then to be enslaved and hanged like dogs , &c. a letter from his excellency to the earl of manchester , concerning the votes of both houses , as also his grief of heart for the distractions between the parliament and army , desiring that all things may be determined in love , &c. that the souldiers of holdenby , with the kings consent , brought him away from thence , &c. that his majesty was unwilling to return back again to holdenby , &c. and that the removall of his majesty from holdenby , was no designe , knowledge , or privity on his part , &c. a particular charge against the members impeached by the army . that mr denzil hollis being one of the speciall commissioners for the parl. to present propositions to the king at oxford , made private addresses to the kings party then in arms against the parl. and did secretly plot and advise them against the parl. &c. that the said mr. denzil hollis , and sir phillip stapleton , during the late war , when the earl of lindsey went from the tower to oxford , sent severall messages of intelligence to the earl of dorset , &c. that the said mr hollis , sir phillip stapleton , sir wil. lewis , sir john clotworthy , sir wil. waller , sir john maynard , maj. gen. massie , mr glyn , mr long , col. edward harley , and anthony nicholas , in the months of march , april , may , and june last , in prosecution of their evil designs , met in divers places with persons disaffected to the state , for holding correspondency with the queen of england now in france , and incouraged her party there . and indeavoured to bring in forraign forces , and listed divers commanders and souldiers there , to raise and leavy a new war . and affronted divers petitioners that came in a peaceable manner , boysterously assaulting them , &c. imprisoned some members of the army , and to dis-oblige the army from the parl. the solemn engagement of the citizens , commanders , officers , and souldiers , &c. this was the treasonable ingagement . we do solemnly engage our selves , and vow unto almighty god , that we will to the utmost of our power , cordially endeavour that his majesty may speedily come to his houses of parliament , with honour , safety , and freedome , and that without the nearer approach of the army , there to confirme such things as he hath granted the twelfth of may last , in answer to the propositions of both kingdomes , and that with a personall treaty with his two houses of parliament , and the commissioners of scotland , such things as are yet in difference may be speedily setled , and a firme and lasting peace established . the army marching towards the city , orders were given to the trained bands to go to the works . the auxilaries are raised to defend the city . a proclamation by beat of drum for all that are able to bear arms , and are not listed to come to receive them . the house of commons , and the lords likewise , met according to the order of adjournment , july . but neither of the speakers . at length they proceeded to a new election , and voted mr pelham a counsellour , and member of the commons house , speaker pro tempore . the lords made choice of the lord grey to be speaker of their house pro tempore . the sergeant at arms being absent with the mace when the commons chose their speaker , had the city mace , and chose mr norfolk sergeant at arms . after which , proceeding to debate the great affairs to ching the city and kingdom , they voted as followes : tha the king come to london . that the militia of the city shall have full power to raise what forces they shall think fit to the same . that they may make choyce of a commander in chief to be approved of by the house , and such commander to present other officers to be approved of by the militia . the common-councell made choice of major generall massey to command in chief all the city forces . ordered by the militia that all reformadoes and other officers should the next day at two of the clock be listed in st. jamses fields , where was a great appearance . order given for staying of horses in the city , and many listed . most of the eleven members sat in the house , and in the afternoon m. gen. massey , sir william waller , and col. gen. poyntz , were at list●ng the reformadoes . declaration of the lord maior , aldermen , and common councel . a brief of which that his majesty was surprised at holmby , and no place for his majesties residence allowed by the army nearer then their quarters ; therefore to sattle peace , and establish true religion , ease the kingdomes burden , establish his majesties just rights , maintaine the parl ▪ priviledges , and relieve bleeding ireland , they profess the main●… their enterprise , &c. a petition in the names of many thousands wel-affected citizens for some way of composure , &c. at which time col. gen. poyniz and other officers of the new list , attending for their orders upon the militia , came into guild-hall-yard , and most cruelly h●ckt and hew'd many of the aforesaid petitioners , divers whereof were mortally wound●d , whereof some since dyed . lord say , lord magresie , other lords , with many of the house of commons , came to the head quarters , desiring the generals protection . six aldermen and twelve common-councel men sent with a letter to the general , declaring their unwillingnesse to a new war . a letter from southwarke , relating their withstanding the design of raising a new war , desiring protection , massey sends scouts , but neer brainford thirty chased by ten , and took four of massies . col. rainsborough , col. hewson , col. pride , and col. thistlwet , marched into southwarke ; the fort yielded without opposition . the members forced away returne . the houses being sat with their old speakers , thomas lord fairfax , made high constable of the tower . his excellency marches through the city from until at night . a letter from lieu. gen. cromwel , that his majesty had withdrawne himself at the last night , having left his cloak and some letters . his majesties last letter , hampton-court , nov. . . liberty being that which in all times hath been , but especially now is the condition , the aim and desire of all men , common reason shews that kings lesse then any should endure captivity ; yet i call god to witnes with what patience i have endured a tedious restraint , which so long as i had any hopes that this sort of my suffering might conduce to the peace of these kingdoms , or the hindring of more effusion of blood , i did willingly undergo , but now finding by too certaine proofs , that this my continued patience would not only turne to my personal ruine , but likewise be of much more prejudice to the furtherance of the publique good , i thought i was bound as well by natural as political obligations , to seek my safety , by retiring my self for some time from publique view both of my friends and enemies , and i appeal to all indifferent men to judge , if i have not cause to free my selfe from the hands of those who change their principles with their condition , and who are not ashamed , openly to intend the destruction of the nobility , by taking away their negative voyce , and with whom the levellers doctrine is rather countenanced then punished ; and as for their intentions to my person , their changing and putting more strict guards upon me , with the discharging most of all the servants of mine , who formerly they admitted to wait upon me , do sufficiently declare : nor would i have this my retirement mis-interpreted , for i shall earnestly and uncessantly endeavour the setling of a safe and well-grounded peace , where ever i am or shall be , and that ( as much as may be ) without the effusion of more christian blood , for which how many times have i prest to be heard , and yet no ear given to me ; and can any reasonable man think ( according to the ordinary course of affairs , there can be a setled peace without it , or that god will bless those that refuse to hear their own king ? surely no ; i must further add that ( besides what concerns my self ) unless all other chief interests have not only a hearing , but likewise just satisfaction given to them ( to wit , the presbyterians , independents , army , those who have adhered to me , and even the scots ) i say there cannot ( i speak not of miracles , it being in my opinion a sinful presumption in such cases to expect or trust to them ) be a safe and lasting peace : now as i cannot deny but that my personal security is the urgent cause of this my retirement , so i take god to witness , the publique peace is no lesse before mine eyes , and i can find no better way to expresse this my profession ( i know not what a wiser man may do ) then by desiring and urging that all chief interests may be heard , to the end each may have just satisfaction ; as for example , the army ( for the rest , though necessary , yet i suppose are not difficult to consent ) ought ( in my judgement ) to enjoy the liberty of their conscience , and have an act of oblivion or indempnity ( which should extend to the rest of all my subjects ) and that all their arrears should be speedily and duly paid , which i will undertake to do , so i may be heard , and that i be not hindred from using such lawful and honest means as i shall chuse . to conclude , let me be heard with freedom , honour , and safety , and i shall instantly break through this cloud of retirement , and shall shew my self to be pater patriae , c. r. a great tumult , insurrection , and mutiny in london , breaking open divers houses , and magazines of arms and ammunition , breaking open divers houses , seizing on the drums , gates , chains , and watches of the city , assaulted and shot into the l. maiors house , and killed one of his guard , &c. . may . surrey petitioners came to westminster , and made a great shout , and cryed , hey for king charls ; we will pull the members out by the ear●s . disarmed two sentinels , knockt them down , one sentinell refusing to be disarmed , the petitioners got within his arms , one of them drew his sword and run him through , and the petitioners drew their swords on the troopers , and said , fall on for king charls , now or never ; but a party of foot did take some : of the petitioners were slain four or five , of the souldiers two . the old l. goring proclaimed general at the head of the kentish army upon the hill neer alisford , consisted of besides those in maidstone , there were neer slain , and about prisoners , many of them taken in the woods , hop-yards , and fields ; also gentlemen of good quality , there were about horse , arms , foot colours , and pieces of canon , with store of ammunition taken : their word at the engagement was king and kent , ours truth : they being routed marched over rochester bridge towards black-heath , with about horse and foot , most cavaliers prentises and watermen , and fled over the water into essex , by woollidge and greenwich . the duke of buckingham , l. francis , e. of holland , l. andrew , l. cambden , and others , rose in surrey , and made proclamation that they expected the parl. would have setled the kingdom , but because they have not , they would fetch the king , and live and dye with him to settle it . july . . was the surrender of pembroke castle . the scots army of . invaded england duke — hambletons standard had motto date cesari , foot standard for covenant , religion , king and kingdomes ; riseing in kent , revosting of the navie , redusing colchester , and quelling the insurection in pembroke shire — all in : the scots entring the kingdom , july . . maj. gen. lambert sent this letter to duke hammilton . my lord , having received information that some forces of horse and foot are marched out of scotland into this kingdome , under your excellencies command , i have sent this bearer unto you , desiring to know the truth and intent thereof , and whether they are come in opposition to the forces in these parts , raised by the authority of the parl. of england , and now in prosecution of their commands , i desire your lordships speedy answer , and rest your excellencies humble servant , j. lambert . duke hammiltons answer . noble sir , i received yours of the of this instant , in answer whereunto i shall only say , the informa●ion you received is true , for according to the commands of the committee of estates of the parl. of scotland , there are forces both of horse and foot come into this kingdome , under my conduct for prosecution of the ends mentioned in my letter of the . to which i refer you , intending to oppose any that are or shall be in arms for the obstructing those pious , loyal , and just ends , and so remain hambleton . the town of colchester delivered up , sir charls lucas , and sir geo : lisle shot to death . l. col. lilburn revolted at newcastle , declared for the king , sir arthur has●erigge storm'd the castle , lilburns head was set upon a pole . june . the l. of warwick went to portsmouth , to bring into obedience the mutinous sea-men ; there was with the l. of warwicke , the phoenix , mary , rose , robert , nonesuch , lilly , lyon , bonadventure , antilope , swift-sure , hector , and fellowship . a short abridgement of the engagement made by the common councell , commanders , souldiers , and commission officers in london . we decla●e to ingage as much as in us l●es , to defend the king and parl ▪ from all violence , and to the end we may be inabled to perform the same , we humbly offer , that the forces in the line may be one entire militia , and no forces may be raised , but by authority of the said militia , by consent of the common councel , we desire no forces in arms might come within thirty miles of london , during the treaty , and for those within , what persons soever shall make any tumu't , shall be put to death . ordered , that the common councel men and commanders shall within their severall precincts goe from house to house , to receive concurrence to the said ingagement . decemb. . the house having notice of the kings carrying to hurst cast●e , voted , that the seizing his person was without their advice or consent . dec. . the house voted , that his majesties concessions to their proposals , was ground sufficient to settle the peace of the kingdome . dec. . col. rich , and col. prides reg. guarded the parl. and seized some members . maj. gen. brown sheriff of london , was apprehended , decemb. . dec . the house voted , that the lords and commons , declare they will make no further addresses to the king , nor none shall be by any person whatsoever without leave of he parl. and if any make breach of this order , they shall incur the penalty of high treason , and that they will receive no more any message from the king , to both or either houses of parl. an ordinance sent to the lords for the triall of the king , but they rejected the commission , and adjourned dayes , after that they never sate more . ●er . d●n●y serj. at arms to the commissioners , rode into westminster - hall , with the mace belonging to the house of commons on his shoulder , and some officers attending him all bare , and six trumpeters on horseback , a guard of horse and foot attending in the pallace yard , and proclamation was made , all that had any thing for matter of fact against charls stuart , king of england , to bring it in to the commissioners . jan. . . that this present seale of england should be broken in pieces , and a new one forthwith made , and ordered that the arms of england and ireland , should be ingra●en on the one side , on the other side a map of the parl. with these words in it , the first yeare of freedome by gods blessing restored , . the charge of the commons of england , against charls stuart king of england . that the said ch stuart being admitted king of england , and therein trusted with a limitted power , to govern by , and according to the lawes of the l●nd , and not otherwise ; and by his truth , oath , and office , being obliged to use the power committed to him , for the good and benefit of the people , and for the preservation of their rights and liberties ; yet nevertheless out of a wicked design , to erect and uphold in himselfe an unlimited and tyrannical power , to rule , according to his will ; and to overthrow the rights and liberties of the people ; yea , to take away , and make void the foundations thereof , and of all redresse , and remedy of mis-government , which by the fundamentall constitutions of this kingdome , were reserved on the peoples behalfe , in the right and power of frequent and successive parl. or nationall meetings in councels ; he , the sad ch. stuart , for the accomplishment of such his designes , and for the protecting of himselfe and his adherents , in his and their wicked practises to the same ends , hath traiterously and maliciously levyed war against the present parl. and the people therein represented . particularly , upon or about the day of june , in the year of our lord , . at beverley in the county of york , and upon or about the day of july , in the yeare aforesaid , in the county of the city of york ; and upon , or about the day of august , in the same year at the county of the town of nottingham ( when and where he sat up his standard of war ; ) and also on , or about the day of october , in the same year , at edge hill , and keintonfield , in the county of warwick ; and upon , or about the day of nov. in the same year , at brainford in the county of middlesex ; and upon or about the day of august , in the year of our lord , . at cavesham bridge neer redding in the county of berks ; and upon , or about the day of octob. in the yeare last mentioned , at or near the city of gloucester ; and upon or about the day of nov. in the year last mentioned , at newberry in the county of berks ; and upon , or about the day of july , in the year of our lord . at cropredy bridge in the county of oxon ; and upon , or about the day of sep. in the year last mentioned , at bodmin , and other places neer adjacent , in the county of cornwall ; and upon about the day of nov. in the year last mentioned , at newbery aforesaid ; and upon or about the day of june , in the year of our lord , . at the town of leicester ; a●d also upon the day of the same moneth , in the same year , at naseby field , in the county of northampton . at which severall times and places , or most of them , and at many other places in this land , at severall other times , within the years afore mentioned . and in the year of our lord , . he the said ch. stuart , hath caused and procured many thousands of the free people of the nation to be slain ; and by divisions , parties , and insurrections within this land , by invasion : from forreign parts , endeavoured and procured by him , and by many other evill wayes andmeans , he the said c. stuart , hath not only maintained and carried on the said war , both by land and sea , during the years before mentioned ; but also hath renewed , or caused to be renewed the said war against the parliament , and good people of this nation , in this present year , in the counties of kent , essex , surrey , sussex , middlesex , and many other countries and places in england and wales , and also by sea ; and particularly , he the said ch. stuart hath for that purpose given commissions to his son the prince and others ; whereby , besides multitudes of other persons , many such , as were by the parl. intrusted and imployed for the nation , being by him or his agents , corrupted to the betraying of their trust , and revolting from the parl. have had entertainment and commission for the continuing and renewing of war and hostility against the said parl. and people , as aforesaid . by which cruel and unnatural wars by him the said charls stuart , continued and renewed as aforesaid , much innocent blood of the free-people of this nation hath been spilt ; many families have been undone , the publike treasury wasted and exhausted , trade obstructed , and miserably decayed ; vast expence and damage to the nation incurred , and many parts of the land spoiled , some of them even to desolation . and for farther prosecution of his said evill designes , he , the said ch : stuart , doth still continue his commission to the said prince , and other rebels and revolters , both english and forreigners , and to the e. of ormond , and to the irish rebels and revolters associated with him , from whom further invasions are threatned , upon the procurement , and on the behalfe of the said charls stuart . all which wicked designes , wars , and evil practises of him the said charls stuart , have been and are carried on , for the advancing and upholding of the personall interest of will and power , and pretended prerogative to himself and his family against the publique interest , common right , liberty , justice , and peace of the people of this nation , by , and for whom he was entrusted as aforesaid . by all which it appeareth , that he , the said ch : stuart hath been , and is the occasioner , author , and contriver of the said unnaturall , cruell , and bloody wars ; and therein guilty of all the treasons , murthers , rapines , burnings , desolations , damage , and mischief to this nation , acted or committed in the said wars , or occasioned thereby . and the said iohn cook , by protestation ( save on the behalf of the people of england , the liberty of exhibiting at any time hereafter , any other charge against the said ch : stuart , and also of replying to the answers which the said ch. stuart shall make to the premises , or any charge that shall be so exhibited ) doth , for the said treasons and crimes , on the behalf of the said people of england , impeach the said ch : stuart as a tyrant , traytor , murtherer , and a publick and implacable enemy to the common-wealth of england ; and pray , that the said ch stuart king of england , may be put to answer all and every the premisses ; that such proceedings , examinations , tryals , sentence , and judgement , may be thereupon had , as shall be agreeable to justice . the kings last speech made upon the scaffold . king . i shall be very little heard of any body here , i shall therefore speak a word unto you here ; indeed i could hold my peace very well if i did not think that holding my peace would make some men think that i did submit to the guilt , as well as to the punishment ; but i think it is my duty to god first , and to my country , for to clear my self both as an honest man and a good christian ; i shall begin first with my innocency , in troth i think it not very needfull for me to insist long upon this , for all the wo●ld knowes i never did begin a war with the two houses of parliament , and i call god to witnesse , to whom i must shortly make an account , that i never did interd for to incroach upon their priviledges , they began upon me , it is the militia they began upon , they confest that the militia was mine , but they thought it fit for to have it from me ; and to be short , if any body will look to the dates of commissions , of their commissions and mine , and likewise to the declarations , will see clearly that they began these unhappy troubles , not i ; so that as for the guilt of these enormous crimes that are laid against me , i hope in god that god will clear me of it , i will not , i am in charity ; god forbid that i should lay it upon the two houses of parliament , there is no necessity of either , i hope they are free of this guilt ; for i doe believe that ill instruments between them and me , ha's been the cause of all this blood shed ; so that by way of speaking , as i find my self , clear of this , i hope ( and pray god ) that they may too : yet for all this , god forbid that i should be so ill a christian , as not to say that gods judgements are just upon me : many times he does pay justice by an unjust sentence , that is ordinary ; i will onely say this , that an unjust sentence that i suffered to take effect , is punished now by an unjust sentence upon me ; that is , so far i have said , to shew you that i am an innocent man . now for to shew you that i am a good christian , i hope there is a good man ( pointing to dr iuckson ) that will bear me witnesse , that i have forgiven all the world ; and those in particular that have been the chief causers of my death ; who they are god knows , i do not desire to know , i pray god forgive them . but this is not all , my charity must go farther , i wish that they may repent , for indeed they have committed a great sin in that particular , i pray god with st stephen , that this be not laid to their charge ; nay , not onely so , but that they may take the right way to the peace of the kingdome : so ( sirs ) i do wish with all my soule , and i do hope ( there is some here will carry it further ) that they may endeavour the peace of the kingdom . now ( sirs ) i must shew you how you are out of the way , and will put you in a way ; first , you are out of the way , for certainly all the way you ever have had yet as i could find by any thing , is in the way of conquest ; certainly this is in an ill way , for conquest ( sir ) in my opinion is never just , except there be a good just cause , either for matter of wrong , or just title , and then if you go beyond it , that makes it unjust at the end that was just at first : but if it be only matter of conquest , then it is a great robbery ; as a pirate said to alexander , that he was the great robber , he was but a petty robber ; and so , sirs , i do think the way that you are in , is much out of the way . now sir , for to put you in the way , beleive it you will never doe right , nor god will never prosper you , untill you give god his due , the king his due , ( that is , my successors ) and the people their due ; i am as much for them as any of you : you must give god his due , by regulating rightly his church ( according to his scriptures ) which is now out of order : for to set you in a way particularly now i cannot , but onely this , a nationall synod freely called , freely debating among themselves , must settle this ; when that every opinion is freely and clearly heard . for the king indeed i will not , the lawes of the land will clearly instruct you for that ; therefore , because it concerns my own particular , i only give you a touch of it . for the people , and truly i desire their liberty and freedome , as much as any body whomsoever ; but i must tell you , that their liberty and their freedome , consists in having of government ; those lawes , by which their life and their goods may be most their owne . it is not for having share in government ( sir ) that is nothing pertaining to them . a subject and a soveraign , are clean different things ; and therefore untill they do that , i mean , that you do put the people in that liberty as i say , certainly they will never enjoy themselves . sirs , it was for this that now i am come here : if i would have given way to an arbitrary way , for to have all lawes changed according to the power of the sword , i needed not to have come here ; and therefore i tell you ( and i pray god it be not laid to your charge ) that i am the martyr of the people . introth sirs , i shall not trouble you much longer ; for i will onely say this to you , that intruth , i could have desired some little time longer , because that i would have put this that i have said in a little more order , and a little better digested then i have done , and therefore i hope you will excuse me . i have delivered my conscience , i pray god , that you do take those courses that are best for the good of the kingdom , and your own salvation . the bishop of london minding him to say something concerning his religion . king . i thank you very heartily ( my lord ) for that , i had almost forgotten it introth sirs , my conscience in religion , i think , is very well known to all the world ; and therefore i declare before you all , that i die a christian , according to the profession of the church of england , as i found it left me by my father ; and this honest man i think will witnesse it ▪ then turning to the officers said , sirs , excuse me for this same , i have a good cause , and i have a gracious god ; i will say no more . then turning to col hacker he said , take care that they do not put me to pain , and sir , this and it please you . but then a gentleman coming neer the ax , the king said , take heed of the ax ▪ pray take heed of the ax then the king speaking to the executioner , said , i shall say but very short prayers , and when i thrust out my hands — then the king called to d iuxon for his night cap , and having put it on , he said to the executioner , does my heire trouble you , who desired him to put it all under his cap , which the king did accordingly , by the help of the executioner and the bishop , then the king turning to dr iuxon , said , i have a good cause , and a gracious god on my side . dr iuxon . there is but one stage more , this stage is turbulent and troublesome , it is a short one , but you may consider it will soon carry you a very great way , it will carry you from earth to heaven , and there you shall find a great deal of cordiall joy and comsort . king i go from a corruptible to an incorruptible crown , where no disturbance can be . doct. you are exchanged from a temporall to an eternall crown , a good exchange . then the king took off his cloak and his george , giving his george to dr iuxon , saying , remember ; 't is thought for the prince , and some other small ceremonies past , after which , the king stooping down , laid his neck upon the block , after a very little pause , st●etched forth his hands , the executioner at one blow severed his head from his body , his body was put in a coffin , covered with black velvet , and removed to his lodging chamber at white hall . an act prohibiting the proclaiming of any person to be king of england , &c. whereas charls stuart king of england , being for the notorious treasons , tyrannies , and murthers , committed by him in the late unnaturall and cruell wars condemned to death ; whereupon , after execution of the same , severall pretences may be made , and title set on scot unto the kingly office , to the apparent hazzard of the publique peace . for the prevention thereof , be it enacted and ordained by this present parliament , and by the authority of the same , that no person or persons whatsoever doe presume to proclaime , declare , publish , or any way promote charls stuart , son of the said charls , commonly called prince of wales , or any other person to be king or chief magistrate of england , or of ireland , or of any the dominions belonging to them , or any of them ▪ by colour of inheritance , succession , election , or any other claim whatsoever , without the free consent of the people in parliament first had , and signified by a particular act or ordinance for that purpose , any statute , law , usage or custome to the contrary notwithstanding . and be it further enacted and ordained and it is hereby enacted and ordained , that whatsoever shall contrary to this act , proclaim , declare , publish , or any way promote the said charls stuart the son , or any other person to be king ▪ or chiefe magistrate of england , or of ireland , or of any the dominions belonging to them , or to either of them , without the said consent in parliament signified as aforesaid shall be deemed and adjudged a traytor to the common-wealth , and shall suffer the pains of death , and such other punishments as belong to the crime of high treason and all officers , as well civil as military , and all other well affected persons , are hereby authorized and required forthwith to apprehend all such offenders , and to bring them in safe custody to the next iustice of the peace , that they be proceeded against accordingly . h. scobel cler. parl. d com. imprimatur theodore iennings . the severall speeches of duke hamilton earl of cambridge , henry earl of holland , and arthur lord capel . spoken upon the scaffold immediately before their execution , on friday the ninth of march , . i think it is truly not very necessary for me to speak much , there are many gentlemen and souldiers there that see me , but my voice truely is so weake , so low , that they connot heare me , neither truly was i ever at any time so much in love with speaking , or with any thing i had to expresse , that i tooke delight in it ; yet this being the last time that i am to doe so , by a divine providence of almighty god , who hath brought me to this end justly for my sins ; i shall to you sir , master sheriffe , declare thus much , as to the matter that i am now to suffer for , which is as being a traytor to the kingdome of england : truly sir , it was a country that i equally loved with my owne , i made no difference , i never intended either the generality of its prejudice , or any particular mans in it ; what i did was by the command of the parliament of the country where i was borne , whose command i could not disobey , without running into the same hazard there , of that condition that i now am in . it pleased god so to dispose that army under my command , as it was ruined ; and i , as their generall , cloathed with a commission , stand here , now ready to dye ; i shall not trouble you with repeating of my plea , what i said in my owne defence at the court of jvstice , my selfe being satisfied with the commands that is laid upon me , and they satisfied with the justness of their procedure , according to the laws of this land . god is just , and howsoever i shall not say any thing as to the matter of the sentence , but that i doe willingly submit to his divine providence , and acknowledge that very many wayes i deserve even a worldly punishment , as well as hereafter , for we are all sinfull , sir , and i a great one ; yet for my comfort , i know there is a god in heaven that is exceeding mercifull ; i know my redeemer fits at his right hand , and am confident ( clapping his hand on his breast ) is mediating for me at this instant , i am hopefull through his free grace and all-sufficient merits , to be pardoned of my sins , and to be received into his mercy , upon that i rely , trusting to nothing but the free grace of god through jesus christ , i have not been tainted in my religion i thank god for it ▪ since my infancy it hath been such as hath been profest in the land , and established , and now it is not this religion , or that religion , nor this or that fancie of men that is to be built upon , it is but one that 's right , one that 's sure , and that comes from god , sir , and in the free grace of our saviour . sir , there is truly somewhat that ( he then observing the writers said , ) had i thought my speech would have been thus taken , i would have digested it into some better method then now i can , and shall desire these gentlemen that doe write it , that they will not wrong me in it , and that it may not in this manner be published to my disadvantage , for truly i did not intend to have spoken thus when i came here . there are , sirs , terrible aspersions that has been laid upon my self ; truly such as , i thank god , i am very free from ; as if my actions and intentions had not been such as they were pretended for ; but that notwithstanding what i pretended it was for the king , there was nothing lesse intended then to serve him in it . i was bred with him for many years , i was his domestique servant , and there was nothing declar'd by the parliament that was not really intended by me ; and truly , in it i ventured my life one way , and now i lose it another way : and that was one of the ends , as to the king ; i speake onely of that , because the rest has many particulars ; and to clear my self from so horrid an aspersion as is laid upon me : neither was there any other designe known to me by the in coming of that army , then what is really in the declaration published . his person , i doe professe , i had reason to love , as he was my king , and as he had been my master : it hath pleased god now to dispose of him , so as it cannot be thought flattery to have said this , or any end in me for the saying of it , but to free my self from that calumny which lay upon me : i cannot gain by it , yet truth is that which we shall gaine by for ever . there hath been much spoken , sir , of an invitation into this kingdome : it 's mentioned in that declaration , and truly to that i did and doe remit my self : and i have been very much laboured for discoveries of these inviters , 't is no time to dissemble , how willing i was to have served this nation in any thing that was in my power , is known to very many honest , pious and religious men ; and how ready i would have been to have done what i could to have served them , if it had pleased them to have preserved my life , in whose hands there was a power : they have not thought it fit , and so i am become unusefull in that which willingly i would have done . as i said at first ( sir ) so i say now concerning that point ; i wish the kingdome happiness , i wish it peace ; and truly sir , i wish that this bloud of mine may be the last that is drawn : and howsoever i may perhaps have some reluctancie with my self as to the matter of my suffering , for my fact , yet i freely forgive all ; sir , i carry no ranc●●… along with me to my grave : his will be done that has created both 〈◊〉 and earth , and me a poor miserable sinfull creature now speaking before 〈◊〉 〈◊〉 ▪ for me to speak , sir , to you of state-businesse , and the government of 〈◊〉 〈◊〉 kingdome , or my opinion in that , or for any thing in that nature , truly it is 〈◊〉 no end , it contributes nothing : my owne inclination hath been to peace , from the beginning ; and it is known to many , that i never was an ill instrument betwixt the king and his people ; i never acted to the prejudice of the parliament ; i bore no arms , i medled not with it ; i was not wanting by my prayers to god almighty for the happinesse of the king ; and truly i shall pray still , that god may so direct him as that may be done which shall tend to his glory , and the peace and happinesse of the kingdome . for my religion , that which i said was the established religion , and that which i have practised in my owne kingdome where i was borne and bred ; my tenets they need not to be exprest , they are known to all , and i am not of a rigid opinion ; many godly men there are that may have scruples which do not concerne me at all at no time ; they may differ in opinion , and more now then at any time ; differing in opinion does not move me ( nor any mans ) my owne is clear : sir , the lord forgive me my sinnes , and i forgive freely all those that even i might as a worldly man , have the greatest animosity against ; wee are bidden to forgive ; sir , t is a command laid upon us ( and there mentioned ) forgive us our trespasses , as we forgive them that trespasse against us . then the earl turning to the executioner , said , shall i put on another cap , must this hair be turn'd up from my neck , there are three of my servants to give satisfaction ; he also asked him which way he would have him lye . the executioner pointing to the front of the scaffold , the earl replyed , what , my head this way ? after a little discourse in private with some of his servants , he kneeled downe by the side of the scaffold and prayed a while to himself . then with a cheerfull and smiling countenance , ( embracing dr. sibbalds , ) he said , truly sir , i doe take you in mine arms , and truly i blesse god for it , i do not fear , i have an assurance that is grounded here ( laying his hand upon his heart ) now that gives me more true joy then ever i had , i passe out of a miserable world to go into an eternall and glorious kingdom ; and sir , though i have bin a most sinfull creature , yet gods mercy i know is infinite , and i blesse my god for it , i go with so clear a conscience , that i know not the man that i have personally injured . then imbracing those his servants which were there present , said to each of them , you have been very faithfull to me and the lord blesse you . and so turning himselfe to the executioner , he said , i shall say a very short prayer unto my god , while i lye downe there ; and when i stretch out my hand , ( my right hand ) then sir , do your duty ; and i doe freely forgive you , and so i doe all the world . then the e. of cambridge said to the executioner , must i lye all along ? he answered , yes , and 't please your lordship . then he said , when i stretch out my hands — but i will fit my head , first tell me if i be right , and how you would have me lye . and being told he must lye a little lower ; he said : well , stay then till i give you the signe . and so having laine a short space devoutly praying to himselfe , he stretch'd out his right hand , whereupon the executioner at one blow severed his head from his body , which was received by two of his servants then kneeling by him , into a crimson taffery scarfe , and that with the body immediately put into a coffin brought upon the scaffold for that purpose : and from thence conveyed to the house that was sir john hamiltons at the mews , where it now remains . dk. hambleton , e : of cambridg , e : of holland , and lord capell be headed mar : . and their speeches on the scaffold the speech of the earl of holland upon the scaffold . it is to no purpose ( i thinke ) to speake any thing here , which way must i speak ? and then being directed to the front of the scaffold , he ( leaning over the raile . ) said , i thinke it is fit to say something , since god hath called me to this place . the first thing which i must professe , is , what concerns my religion , and my breeding , which hath been in a good family , that hath been ever faithfull to the true protestant religion , in the which i have been bred , in the which i have lived , and in the which by gods grace and mercy i shall dye . i have not lived according to that education i had in that family where i was borne and bred : i hope god will forgive me my sins , since i conceive that it is very much his pleasure to bring me to this place for the sins that i have committed . the cause that hath brought me hither , i beleive by many hath been much mistaken , they have conceived that i have had ill designs to the state , and to the kingdom : truly i look upon it as a judgement , and a just judgement of god ; not but i have offended so much the state and the kingdome , and the parliament , as that i have had an extream vanity in serving them very extraordinarily . for those actions that i have done , i think it is knowne they have been ever very faithfull to the publique , and very particularly to parliaments , my affections have been ever exprest truly and clearly to them . the dispositions of affairs now have put things in another posture then they were when i was ingaged with the parliament : i have never gone off from those principles that ever i have professed : i have lived in them , and by gods grace wi●l dye in them ▪ there may be alterations and changes that may carry them further then i thought reasonable , and there i left them : but there hath been nothing that i have said , or done , or professed either by covenant , or declaration , which hath not bin very constant , and very clear upon the principles that i ever have gone upon , which was to serve the king the parliament , religion ( i should have said in the first place ) the common-wealth , and to seek the peace of the kingdome : that made me thinke it no improper time , being prest out by accidents and circumstances , to seek the peace of the kingdome , which i thought was proper , since there was something then in agitation , but nothing agreed on for sending propositions to the king ; that was the furthest aime that i had , and truly beyond that i had no intention , none at all ▪ and god be praised , although my blood comes to be shed here , there was i think scarcely a drop of blood shed in that action that i was ingaged in . for the present affairs , as they are , i cannot tell how to judge of them : and truly they are in such a condition , as ( i conceive ) no body can make a judgement of them : and therefore i must make use of my prayers , rather then of my opinion , which are , that god would blesse this kingdome , this nation , this state ; that he would settle it in a way agreeable to what this kingdome hath been happily governed under ; by a king , by the lords , by the commons , a government that ( i conceive ) it hath flourished much under , and i pray god the change of it bring not rather a prejudice , a disorder , and a confusion then the contrary . i look upon the posterity of the king ▪ and truly my conscience directs me to it , to desire , that if god be pleased that these people may look upon them with that affection that they owe , that they may be called in again , and they may be , not through blood , nor through disorder , admitted again into that power , and to that glory that god hath in their birth intended to them i shall pray with all my soul for the happinesse of this state , of this nation , that the blood which is here spilt , may be even the last which may fall among us , and truly i should lay down my life with as much cheerfulnesse as ever person did , if i conceived that there would no more blood follow us ; for a state , or affairs that are built upon blood , is a foundation for the most part that doth not prosper . after the blessing that i give to the nation , to the kingdom , and truly to the parliament , i doe wish with all my heart , happinesse , and a blessing to all those that have been authors in this businesse ; and truly that have been authors in this very work that bringeth us hither : i doe not only forgive them , but i pray heartily and really for them ; as god will forgive my sins , so i desire god may forgive them . i have a particular relation , as i am chancellor of cambridge , and truly i must here , since it is the last of my prayers , pray to god that that university may goe on in that happy way which it is in , that god may make it a nursery to plant those persons that may be distributed to the kingdome , that the souls of the people may receive a great benefit , and a great advantage by them , and ( i hope ) god will reward them for their kindnesse , and their affections that i have found from them . ( looking towards mr. bolton ) i have said what religion i have been bred in , what religion i have been born in , what religion i have practised ; i began with it , and i must end with it . i told you that my actions and my life have not been agreeable to my breeding , i have told you likewise that the family where i was bred hath been an exemplary family ( i may say so i hope without vanity ) of much affection to religion , and of much faithfulnesse to this kingdom , and to this state . i have endeavoured to doe those actions that have become an honest man , and which became a good englishman , and which became a good christian . i have been willing to oblige those that have been in trouble , those that have been in persecution , and truly i find a great reward of it , for i have found their prayers and their kindnesse now in this distresse , and in this condition i am in , and i thinke it a great reward , and i pray god reward them for it . i am a great sinner , and i hope god will be pleased to hear my prayers , to give me faith to trust in him , that as he hath called me to death at this place , he will make it but a passage to an eternall life through jesus christ , which i trust to ; which i rely upon , and which i expect by the mercy of god . and so i pray god blesse you all , and send that you may see this to be the last execution , and the last blood that is likely to be spilt among you . and then turning to the side raile , he prayed for a god space of time . god hath given me ( speaking to m. bolton ) long time in this world ; he hath carryed me through many great accidents of fortune ; hee hath at last brought me down into a condition , where i find my self brought to an end , for a dis-affection to this state , to this parliament , ( that as i said before ) i did believe no body in the world more unlikely to have expected to suffer for that cause . i look upon it as a great judgement of god for my sins . and truly sir , since that the death is violent , i am the lesse troubled with it , because of those violent deaths that i have seen before ; principally my saviour that hath shewed us the way , how and in what manner he hath done it , and for what cause , i am the more comforted , i am the more rejoyced . it is not long since the king my master passed in the same manner ; and truely i hope that his purposes and intentions were such , as a man may not be ashamed not onely to follow him in the way that was taken with him , but likewise not ashamed of his purposes , if god had given him life . i have often disputed with him concerning many things of this kind , and i conceive his sufferings , and his better knowledge and better understanding , ( if god had spared him life ) might have made him a prince very happy towards himself , and very happy towards this kingdome . i have seen and known that those blessed souls in heaven have passed thither by the gate of sorrow , and many by the gate of violence : and since it is gods pleasure to dispose me this way , i submit my soul to him , with all comfort , and with all hope , that he hath made this my end , and this my conclusion , that though i be low in death , yet neverthelesse this lownesse shall raise me to the highest glory for ever . truly , i have not said much in publike to the people concerning the particular actions that i conceive i have done by my counsels in this kingdom ; i conceive they are well known , it were something of vanity ( me thinks ) to take notice of them here ; i le rather dye with them , with the comfort of them in mine own bosom ; and that i never intended in this action , or any action that ever i did in my life , either malice , or bloodshed , or prejudice to any creature that lives . for that which concerns my religion , i made my profession before of it , how i was bred , and in what manner i was bred , in a family that was looked upon to be no little notorious in opposition to some liberties , that they conceived , then to be taken ; and truly there was some marke upon me , as if i had some taint of it , even throughout the whole ways that i have taken : every body knows what my affections have been to many that have suffered , to many that have been in troubles in this kingdom , i endeavoured to oblige them , i thought i was tyed so by my conscience , i thought it by my charity , and truly very much by my breeding ; god hath now brought me to the last instant of my time , all that i can say , and all that i can adhere unto is this ; that as i am a great sinner so i have a great saviour , that as he hath given me here a fortune to come publikely in a shew of shame in the way of this suffering , ( truly i understand it not to be so ) i understand it to be glory , a glory , when i consider who hath gone before me , and a glory when i consider i had no end in it , but what i conceive to be the service of god , the king and the kingdom , and therefore my heart is not charged much with any thing in that particular , since i conceive god will accept of the intention , whatsoever the action seem to be . i am going to dye , and the lord receive my soul ; i have no reliance but upon christ , for my self , i doe acknowledge that i am the unworthiest of sinners , my life hath been a vanity , and a continued sin , and god may justly bring me to this end , for the sins i have committed against him , and were there nothing else but the iniquities that i have committed in the way of my life , i look upon this as a great justice of god to bring me to this suffering , and to bring me to this punishment , and those hands that have been most active in it , if any such there have been , i pray god forgive them , i pray god that there may not be many such trophies of their victory , but that this may be as i said before , the last shew that this people shall see , of the blood of persons of condition , of persons of honour . i might say somthing of the way of our tryal , which i think hath been as extraordinary , as any thing i think hath ever been seen in this kingdom , but because i would not seem as if i made some complaint , i will not so much as mention it , because no body shall believe i rep●ne at their actions or my owne fortune ; it is the will of god , it is the hand of god under whom i fall , i take it intirely from him , i submit my self to him , i shall desire to roul my selfe into the armes of my blessed saviour , and when i come to this place , ( pointing to the block . ) when i bow downe my selfe there , i hope god will raise me up , and when i bid farewell , as i must now to hope and to faith , that love will abide , i know nothing to accompany the soul out of this world but love , and i hope that love will bring me to the fountain of glory in heaven , through the arms , mediation , and the mercy of my saviour jesus christ , in whom i beleeve , o lord helpe my unbelief . i shall make as much hast as i can to come to that glory , and the lord of heaven and earth take my soul : i look upon my selfe intirely in him , and hope to find mercy through him , i expect it , and through that fountaine that is opened for sin , and for uncleannesse my soul must receive it , for did i rest in any thing else , i have nothing but sin and corruption in me ; i have nothing but that , which instead of being carryed up into the arms of god and glory , i have nothing but may throw me downe into hell . and here is the place where i lye downe before him , from whence i hope he will raise me to an eternall glory through my saviour , upon whom i rely , from whom onely i can expect mercy : into his arms i commend my spirit , into his bleeding armes , that when i leave this bleeding body that must lye upon this place , he will receive that soul that ariseth out of it , and receive it into his eternall mercy , through the merits , through the worthinesse , through the mediation of christ that hath purchased it with his owne most precious blood . christ jesus receive my soul , my soul hungers and thirsts after him ; clouds are gathering , and i trust in god through all my heaviness : and i hope through all impediments , he will settle my interest in him , and throw off all the claim that sathan can make unto it , and that he will carry my soule in despight of all the calumnies , and all that the devill , and sathan can invent , will carry it into eternall mercy , there to receive the blessednesse of his presence to all eternity . that lamb of god , into his hands i commit my soule : and that lamb of god that sits upon the throne to judge those that fall down before him , i hope he will be pleased to look downeward , and judge me with mercy that fall down before him , and that worship him , and that adore him , that onely trusts upon his mercy for his compassion , and that as he hath purchased me , he would lay his claime unto me now , and receive me . indeed if christ justifie , no body can condemne , and i trust in god , in his justification , though there is confusion here without us , and though there are wonders and staring that now disquiet , yet i trust that i shall be carried into that mercy , that god will receive my soule . then the earl of holland looking over among the people , pointing to a souldier , said , this honest man took me prisoner , you little thought i should have been brought to this , when i delivered my self to you upon conditions , and espying capt. watson on horse-back putting off his hat said to him , god be with you sir , god reward you sir . here must now be my anchor , a great storm make the findes my anchor and but in storms no body trust to their anchor , and therefore i must trust upon my anchor ( vpon that god , said mr. bolton , upon whom your anchor trusts ) yea , god , i hope , will anchor my soul fast upon christ jesus : and if i dye not with that clearnesse and heartinesse that you speak of , truly , i will trust in god , though he kill me , i will relye upon him , and the mercy of my saviour . then the earl of holland imbraced lieut. col. beecher , and took his leave of him : after which , he came to mr. bolton , and having embraced him , and returned him many thanks for his great pains and affections to his soul , desiring god to reward him , and returne his love into his bosome . mr. bolton said to him , the lord god support you , and be seen in this great extremity , the lord reveal and discover himselfe to you , and make your death the passage unto eternall life . then the earl turning to the executioner , said , here my friend , let my clothes and my body alone , there is ten pounds for thee , that is better then my clothes , i am sure of it . executioner , will your lordship please to give me a sign when i shall strike ? and his lordship said , you have room enough here , have you not ? and the executioner said , yes . then the earl of holland turning to the exeuctioner , said , friend , doe you hear me , if you take up my head , do not take off my cap. then turning to his servants he said to one , fare you well , thou art an honest fellow , and to another , god be with thee , thou art an honest man , and then said , stay , i will kneel down and ask god forgivenesse , and then prayed for a pretty space , with seeming earnestnesses . then speaking to the executioner , he said , which is the way of lying ? ( which they shewed him ) and then going to the front of the scaffold , he said to the people , god blesse you all , and god deliver you from any such accident as may bring you to any such death as is violent , either by war or by these accidents , but that there may be peace among you , and you may finde that these accidents , that have hapned to us , may be the last that may happen in this kingdome ; it is that i desire , it is that i beg of god , next the saving of my soul : i pray god give all happinesse to this kingdom , to this people , and this nation : and then turning to the executioner , said , how must i lye ? i know not . executioner , lie down flat upon your belly : and then having laid himselfe down , he said , must i lie closer ? executioner , yes , and backwarder . i will tell you when you shall strike ; and then as he lay , seemed to pray with much affection for a short space , and then lifting up his head , said , where is the man ? and seeing the executioner by him , he said , stay while i give the sign ; and presently after stretching out his hand , and the executioner being not fully ready , he said ; now , now , and just as the words were comming out of his mouth , the executioner at one blow severed his head from his body . the speech of the lord capel . the conclusion that i made with those that sent me hither , and are the cause of this violent death of mine , shalll be the beginning of what i shall say to you : when i made an address to them ( which was the last ) i told them with much sincerity , that i would pray to the god of all mercies , that they might be partakers of his inestimable & boundles mercy in jesus christ , and truly , i still pray that prayer ; and i beseech the god of heaven , forgive any injury they have done to me , from my soul i wish it . and truly , this i tell you , as a christian , to let you see i am a christian ; but it is necessary i should tell you somwhat more , that i am a protestant , and truly i am a protestant , and very much in love with the prossifeon of it , after the manner as it was established in england by the thirty nine articles ; a blessed way of profession , and such a one , as truly , i never knew none so good : i am so far from being a papist , which some body have ( truly ) very unworthily at some time charged me withall , that truly i profes to you , that though i love good works , and commend good works , yet i hold , they have nothing at all to doe in the matter of salvation ; my anchor hold is this , that christ loved me , and gave himselfe for me , that is that , that i rest upon and truly , something i shall say , to you , as a citizen of the whole world , and in that consideration i am here condemned to dye : truly , contrary to the law that governs all the world , that is , the law of the sword , i had the protection of that for my life , and the honour of it ; but truly , i will not trouble you much with that , because in another place i have spoken very largely and liberally about it , i believe you wil hear by other means what arguments i used in that case : but truly , that that is stranger , you that are english men , behold here an english man now before you , and acknowledged a peer , not condemned to dye by any law of england , not by any law of england ; nay shall i tell you more ( which is strangest of all ) contrary to all the laws of england that i know of . and truly i will tel you , in the matter of the civil part of my death , and the cause i have maintained , i dy ( i take it ) for maintaining the fifth commandment , enjoyned by god himself , which enjoyns reverence and obedience to parents : all divines on all hands , though they contradict one another in many severall opinions , yet all divines on all hands , do acknowledge that here is intended magistracy and order , & certainly i have obeyed that magistracy & the order under which i have lived , which i was bound to obey ; and truly , i do say very confidently , that i do dye here for keeping , for obeying that fift commandment given by god himself , and written with his own finger . and now gentlemen , i will take this opportunity to tell you , that i cannot imitate a better nor a greater ingenuity then his , that said of himself , for suffering an unjust judgement upon another , himself was brought to suffer by an unjust judgement . truly gentlemen , that god may be glorified , that all men that are concerned in it may take the occasion of it , of humble repentance to god almighty for it , i doe here profes to you , that truly i did give my vote to that bill of the e. of strafford , i doubt not but god almighty hath washed that away with a more precious blood , and that is , with the blood of his own son , and my dear saviour jesus christ , and i hope he will wash it away from all those that are guilty of it : truly this i may say , i had not the least part nor the least degree of malice in the doing of it : but i must confes again to gods glory , and the accusation of mine own frailty , and the frailty of my nature , that truly it was an unworthy cowardize , not to resist so great a torrent as carried that busines at that time . and truly , this i think i am most guilty of , of not courage enough in it , but malice i had none ; but whatsoever it was , god i am sure hath pardoned it , hath given me the assurance of it , that christ jesus his blood hath washed it away ; and truly , i do from my soul wish , that all men that have any stain by it , may seriously repent and receive a remission and pardon from god for it . and now gentlemen , we have had an occasion by this intimation to remember his majesty , our king that last was , and i cannot speak of him , nor think of it , but truly i must needs say , that in my opinion that have had time to consider all the images of all the greatest and vertuousest princes in the world ; and truly , in my opinion there was not a more vertuous , and more sufficient prince known in the world , then our gracious king charls that dyed last : god almighty preserve our king that now is , his son , god send him more fortunate , and longer days ; god almighty so assist him , that he may exceed both the vertues and sufficiencies of his father : for certainly , i that have been a councellour to him , and have lived long with him , and in a time when discovery is easily enough made , for he was young ( he was about thirteen , fourteen , fifteen , or sixteen years of age ) those years i was with him , truly i never saw greater hopes of vertue in any young person , then in him ; great judgement , great understanding , great apprehension , much honour in his nature , and truly , a very perfect englishman in his inclination ; and i pray god restore him to this kingdome , and unite the kingdoms one unto another , and send a happinesse both to you and to him , that he may long live and reign among you , and that that family may reign till thy kingdome come , that is , while all temporall power is consummated : i beseech god of his mercy , give much happines to this your king , and to you that in it shall be his subjects by the grace of jesus christ . truly , i like my beginning so well , that i will make my conclusion with it , that is , that god almighty would confer of his infinite and inestimable grace and mercy , to those that are the causers of my comming hither , i pray god give them as much mercy as their own hearts can wish ; and truly for my part , i will not accuse any of them of malice , truly i will not , nay , i will not think there was any malice in them ; what other ends there is , i know not , nor i will not examine , but let it be what it will , from my very soul i forgive them every one : and so , the lord of heaven blesse you all , god almighty be infinite in goodnesse and mercy to you , and direct you in those wayes of obedience to his commands to his majesty , that this kingdome may be a happy and glorious nation again , and that your king may be a happy king in so good and so obedient people . god almighty keep you all , god almighty preserve this kingdome , god almighty preserve you all . then turning about , and looking for the executioner ( who was gone off the scaffold ) said , which is the gentleman ? which is the man ? answer was made , he is a coming , he then said , stay , i must pull off my doublet first , and my wastcoat : and then the executioner being come upon the scaffold , the lord capel said , o friend , prethee come hither : then the executioner kneeling down , the lord capel said , i forgive thee from my soul , and not only forgive thee , but i shall pray to god to give thee all grace for a better life : there is five pounds for thee ; and truly for my clothes and those things , if there be any thing due to you for it , you shall be very fully recompenced ; but i desire my body may not be stripped here , and no body to take notice of my body but my own servants : look you friend , this i shall desire of you , that when i lye down , that you would give me a time for a particular short prayer . then lieut. col. beecher . said , make your own signe , my lord . capel . stay a little , which side doe you stand upon ? ( speaking to the executioner ) stay , i think i should lay my hands forward that way ( pointing foreright ) and answer being made , yes , he stood still a little while , and then said , god almighty blesse all this people . god almighty stench this blood , god almighty , stench , stench , stench , this issue of blood ; this will not do the businesse , god almighty find out another way to do it . and then turning to one of his servants , said , baldwin , i cannot see any thing that belongs to my wife : but i must desire thee to beseech her to rest wholly upon jesus christ , and be contented and fully satisfied : and then speaking to his servants , he said , god keep you ; and gentlemen , let me now doe a businesse quickly , privately , and pray let me have your prayers at the moment of death , that god would receive my soul . capel . pray at the moment of striking , joyn your prayers , but make no noise ( turning to his servants ) that is inconvenient at this time . servant , my lord , put on your cap. capel . shoul i , what will that doe me good ? stay a little , is it well as it is now ? and then turning to the executioner , he said , honest man , i have forgiven thee , therefore strike boldly ; from my soul i do it . then a gentleman speaking to him , he said , nay , prethee be contented , be quiet good m — be quiet . then turning to the executioner , he said , well , you are ready when i am ready , are you not ? and stretching out his hands , he said , then pray stand off gentlemen , then going to the front of the scaffold , he said to the people , gentlemen , though i doubt not of it , yet i thinke it convenient to ask it of you , that you would all joyn in prayers with me , that god would mercifully receive my soul , and that for his alone mercies in christ jesus , god almighty keep you all . executioner , my lord , shall i put up your hair ? capel . i , i , prethee do ; and then as he stood , lifting up his hands and eyes , he said , o god , i doe with a perfect and a willing heart submit to thy will : o god , i doe most willingly humble my self : then kneeling down , said , i will try first how i can lye ; and laying his head over the block , said , am i well now ? execu . yes . and then as he lay with both his hands stretched out , he said to the executioner , here lye both my hands out , when i lift up my hand thus , then you may strike . and then after he had said a short prayer , he lifted up his right hand , and the executioner at one blow severed his head from his body , which was taken up by his servants and put ( with his body ) into a coffin , as the former . march . . an act for abolishing of the house of peers . the commons of england assembled in parliament , finding by too long experience that the house of lords is uselesse and dangerous to the people of england to be continued , have thought fit to ordain and enact , and be it ordained and enacted by the present parliament , and by the authority of the same , that from henceforth the house of lords in parliament , shall be , and is hereby wholly abolished and taken away ; and that the lords shall not from henceforth meet or sit in the said house of lords ; nor shall sit , vote , advise , adjudge or determine of any matter or thing whatsoever , as a house of lords in parliament : neverthelesse it is hereby declared , that neither such lords as have demeaned themselves with honour , courage and fidelity to the common-wealth , their posterities who shal continue so , shall not be excluded from the publike councels of the nation , but shall be admitted thereunto , and have their free vote in parliament , if they shall be thereunto elected , as other persons of interest elected and qualified thereunto ought to have : and be it further ordained and enacted by the authority aforesaid , that no peer of this land , not being elected , qualified , and fitting in parliament as aforesaid , shall claim , have , or make use of any priviledge of parliament , either in relation to his person , quality , or estate , any law , usage , or custom to the contrary notwithstanding . hen. scobel cler. parliamenti . on thursday july . the generall and army marched from mordington to coppersmith , col. hackers regiment being drawn up in the way ; his excellency made a speech to satisfie them concerning cap. ogles troope , being sent back into northumberland , in regard of his interest in that county : and that capt. greenwoods troop appointed for berwick should march with the regiment in the stead thereof , which gave great satisfaction . col. brights regiment being drawn up , maj. gen. lambert appointed colonel thereof , coming to the head of the regiment , was received with great acclamations . a list of the regiments of horse and foot randezvouzed and marched with the l. gen. cromwell into scotland . eight regiments of horse . the l. generals in number maj. gen. in number col. fleetwoods in number col. whalies in number col. twisden in number col , lilburne in number col. hackers in number col. okey in number consisting with officers , in all ten regiments of foot . the l. generals in number col. pride col. bright col. maliveryr col. ch. fairfax col. cocks col. dunell col. sir ar. hasterigs . comp. col. fenwicks five companies consisting with officers in all the train , six hundred and ninety . the whole thus , the train six hundred and ninety . the horse five thousand four hundred and fifteen . the foot ten thousand two hundred forty nine . the total , sixteen thousand three hundred fifty four . a letter from lieut. gen. david lesly , to the l. g. cromwel . my lord . i am commanded by the committee of estates of this kingdom , and desired by the commissioners of the generall assembly , to send unto your excellency this inclosed declaration , as that which containeth the state of the quarrel ; wherein we are resolved , by the lords assistance , to fight your army , when the lord shall please to call us thereunto . and as you have professed you will not conceal any of our papers , i do desire that this declaration may be made known to all the officers of your army ; and so i rest , bruchton , . aug. . your excellency's most humble servant , david lesley . for his excellency the lord generall cromwel . the declaration of the commissioners of the generall assembly of scotland , as followeth . the commission of the generall-assembly considering , that there may be just ground of stumbling , from the kings majesties refusing to subscribe and emit the declaration offered unto him by the committee of estates , and commissioners of the generall assembly , concerning his former carriage , and resolutions for the future , in reference to the cause of god , and the enemies and friends thereof ; doth therefore declare , that this kirk and kingdome do not owne nor espouse any malignant party , or quarrell , or interest , but that they fight meerly upon their former grounds and principles , and in defence of the cause of god , and of the kingdome , as they have done these twelve years past and therefore as they doe disclaime all the sin and guilt of the king and of his house ; so they will not owne him , nor his interest , otherwise then with a subordination to god , and so far as he ownes and prosecutes the cause of god , and disclaims his , and his fathers opposition to the work of god , and to the covenant , and likewise all the enemies thereof . and that they will with convenient speed take in consideration the papers lately sent unto them from oliver cromwel , and vindicate themselves from all the falshoods contained therein , especially in these things , wherein the quarrell betwixt us and that party is mis-stated , as if we owned the late kings proceedings , and were resolved to prosecute and maintaine his present majesties interest , before and without acknowledgement of the sins of his house and former wayes , and satisfaction to gods people in both kingdomes . west kirk , . august , . a. ker. tho : henderson . . august , . the committee of estates having seen and considered a declaration of the commission of the generall assembly , anent the stating of the quarrell , whereon the army is to fight , do approve the same , and heartily concur therein . the lord generals answer to the former , as followeth . i received yours of the thirteenth instant , with the paper you mentioned therein inclosed , which i caused to be read in the presence of so many officers as could well be gotten together , to which your trumpet can witness , we returne you this answer , by which i hope in the lord it will appear , that we continue the same we have profest our selves to the honest people of scotland , wishing to them as to our own souls , it being no part of our busines to hinder any of them from worshipping god in that way they are satisfied in their consciences by the word of god they ought ( though different from us ) but shall therein be ready to perform what obligations lie upon us by the covenant ; but that under the pretence of the covenant mistaken , and wrested from the most native intent and equity thereof , a king should be taken in by you , to be imposed upon us , and this called the cause of god and the kingdome , and this done upon the satisfaction of gods people in both nations , as is alleged , together with a disowning of malignants , although he who is the head of them , in whom all their hope of comfort lies , be received ; who at this very instant hath a popish party fighting for and under him in ireland , hath p. rupert ( a man who hath had his hand deep in the blood of many innocent men of england ) now in the head of our ships stoln from us upon a malignant accompt ; hath the french and irish ships daily making depredations upon our coasts : strong combinations by the malignants in england , to raise arms in our bowels , by vertue of his commissions , who having of late issued out very many to that purpose , and how the interest you pretend you have received him upon , and the malignant interest in the ends and consequences entring in this man , can be secured , we cannot discern ; and how we should believe , that whilst known and notorious malignants , fighting and plotting against us on the one hand , and the declaring for him on the other , should not be an espousing of a malignant party , quarrell , or interest , but be a meer fighting upon former grounds and principles , and in defence of the cause of god , and of the kingdome , as hath been these . years last past ( as ye say ) for the security and satisfaction of gods people in both nations , or the opposing of which should render us enemies to the godly with you , we cannot well understand , especially considering , that all these malignants take their confidence and encouragement from the late transactions of your kirk and state with your king ; for as we have already said , so we tell you again , it is but satisfying security to those that employ us , and are concerned in that we seek , which we conceive will not be by a few formall and feigned submissions from a person who could not tell otherwise how to accomplish his malignant ends , and therefore councel'd to this complyance , by them who assisted his father , and have hitherto acted him in his most evill and desperate designes , and are now again by them set on foot ; against which , how you will be able in the way you are in , to secure us or your selves , is ( forasmuch as concerns our selves ) our duty to look after . if the state of your quarrell be thus , upon which , as you say , you resolve to fight our army , you will have opportunity to do that , else what means our abode here ? and if our hope be not in the lord , it will be ill with us . we commit both you and our selves to him , who knows the heart and tries the reins , with whom are all our ways , who is able to doe for us and you , above what we know , which we desire may be in much mercy to his poor people , and to the glory of his own great name : and having performed your desire in making your papers so publique , as is before exprest , i desire you to doe the like , by letting the state , kirk and army have the knowledge hereof . to which end i have sent you inclosed two copies , and rest from the camp at pencland hills , . august . . your humble servant , o. cromwel . the victory at gladsmore in scotland , , and . of july . m. g. montgomery slaine , armes taken of the scots , . troopers , . or . wounded , colours , . troops totally routed , . foot routed at muscleburrough . the victory at danbar , august . . killed upon the place , prisoners , horse , commission officers , arms , colours , . peices of ordnance . of ours that ingaged in the battail , horse and foot , their word , the covenant ; our word , the lord of hosts , who manifested him selfe to be with us . novemb. . insurrections in norfolk , for which were condemned , and executed , the other left to mercy . col. ker routed and taken , and the towne of ayre . decemb. . the strong castle of edenburgh delivered up , with pieces of ordnance , whereof iron , the rest brasse ; about arms , store of ammunition and provision ; it was the hand of the lord alone that wrought out and extended such great salvations to us . novemb. . a squadron of ships commanded by gen. blague , surprised a considerable part of the portugal brasil fleet fraughted with sugar , and sent them to england , and after pursued the revolted ships , and followed them beyond alligant , where they have taken of p. ruperts fleet , and pursued him to thoulon one of the furthest havens of france , having but two ships left him ; which hath sounded forth in the ears of forreigne princes and states , who began to acknowledge that god hath been with the parliament and common-wealth of england , and both spain and portugall have sent their embassadors to treat with us . for all which signall salvations , the . of jan. . was set apart and observed as a day of publike thanks-giving and holy rejoycing , in england , wales and town of berwick . jan. . . the scots king was crowned at schone , he is generall of the army , duke hamilton lieut. gen. of the scotch army , david lesley m. gen. middleton l. g. of the scotch horse , and massey m. g. of the english . a speech made by k. charles ye- d-at his coronation ▪ . january . i will by gods assistance bestow my life for your defence wishing to live no longer then that i may see this kingdome flourish in happiness . the oath , i doe promise & vow in ye presence of ye eternall god yt i will maintaine ye true kirk of god religion right preaching & administration of ye sacraments now received & preached within this realme in purity ; and shall abolish & gain-stand all falce religions & sects contrary to ye same . and shall rule ye people com̄ited to my charge , according to ye will of god , and laudable laws & consti●●tions of ye realme ; causing justice & equity to be ministred without partiality . january . . the king of spaine sent his embassadour for the acknowledging of this state , whose authority and soveraignty resides in this parliament of the common-wealth of england , and to stablish and close up a good friendship with this common-wealth . the portugall sent his agent also to the like effect . march . . sir henry hide beheaded at the exchange for receiving and acting by vertue of a commission from charls stuart the second , and king of great britaine , france , and ireland , as his agent to the great turk , with an intent to destroy the trade of the turkie company , and the parliaments interest , not onely in constantinople , but in mitylene , anatolia , and smyrna , in which conspiracies he had a commission to be a commissioner , and he was likewise to seize upon our merchants goods , for the use of the king of scotland ; and procured audience of the grand visier , and raised great fears and uproars among the merchants . browne bushell , beheaded under the scaffold on tower-hill , march . . for delivering up scarborough . june . . the surrender of silly islands . insurrection in cardiganshire , june . slain , prisoners taken . burnt island surrendred , july , . the scotch king invaded england with horse and foot , and a light train of artillery , and caused himselfe to be proclaimed king of england , scotland , and ireland , in lancashire . august . charles the first erected his standard at notingham , and charles the second erected his standard the of aug. at worcester , . september . . old lesly , crawford , linsey , ogleby , with divers of quality , besides taken that were making levies to raise the siege at dundee . august . . st. johnston surrendred . august . . the castle of sterling surrendred , pieces of ordnance , . faire brasse pieces , great iron guns , leather guns , provision of meal to serve men about twelve months , or barrels of beef , about five hundred armes , new muskets and pikes , twenty six barrels of powder , or vessels of claret wine & strong-waters , great store of match and other ammunition , lances , guns , a thousand flattes and other instruments of war of that nature , all the records of scotland , the chaire and cloth of state , the sword , and other 〈◊〉 furniture of the kings . august . . the totall rout and overthrow of the earl of darby in lancashire , by colonel robert lilburne . a full narrative of the late dangerous designe against the state , written with master love's owne hand , and by him sent to the parliament ; whereby he setteth down the severall meetings , and secret actings , with major alford , major adams , colonel barton , master blackmore , m. case , m. cauton , dr. drake , m. drake , captain far , m. gibbons , m. haviland , maj. huntington , m. jenkins , m. jaquel , m. jackson , liev. jackson , captain massey , m. nalton , captain potter , m. robinson , m. sterks , col. sowton , col vaughan , and others . considering how a clear and full narrative may satisfie the state ( although it may prejudice my selfe ) i am willing with an ingenuous freedome , and opennesse of heart to make knowne the whole matter , so far as i distinctly know , and well remember , humbly hoping that this large acknowledgement of mine ( which is more then any in the world can prove against me ) shall not be taken as an aggravation of my fault , but as a demonstration of my ingenuity . before i mention the matters of fact , i humbly crave leave to signifie the time when , and manner how i came to be intangled in this unhappy businesse . as for the time , it was after the breaking off the treaty between the king and the scots at jersey ; for before that time ( to the best of my remembrance ) i was not privie too , or acquainted with any meetings about the sending of captain titus ( whose face i never saw ) to jersey , or sending letters to him , or receiving letters from him , while he was there ; or about sending any letters too , or receiving any letters from the king , queen , jermyn , piercy , or any other person in forreign parts during the treaty at jersey , but after that treaty was ended , m. w. drake came to me , told me he had newes to impart , and to that end , he desired to know ( if he could get friends together ) whether i was willing that they should meet at my house ( it being conveniently scituate in the midst of the city ) that so he might communicate what he heard of affairs abroad . to satisfie my curiosity to hear new●s , i was content to let him , with those he should bring to meet at my house . thus for the time when , and manner how i came to be present at any meetings about intelligence . i now come humbly and truly to relate the matter of fact , which is as followeth : it appeared to me by the testimony of the witnesses , that there were frequent meetings by mr. drake , alford , titus , adams , and others , soon after the death of the late king , and applications made to the king of scots , the queen his mother , to jermyn , and piercy , both before and during the treaty at iersey , of which i know nothing , nor was i present : but the first meeting i was at , was at my house , and was ( as i remember ) at the reading of a letter which came from captain titus , after the treaty was ended at jersey ; the contents of that letter were ( if i mistake not ) to this effect : that the treaty at jersey was broken off through the violent and evill counsels of desperate malignants ; and that he had something of concernment to communicate , which he durst not doe in person , being not safe for him to come over into england , nor could he well do it by writing , he judging it not fit nor safe to send by the common post , fearing a miscarriage ; wherefore he desired some body to be sent over to him to calice , to whom he might give an account of all proceedings . vpon the reading of this letter , mr. drake moved that some person should be desired to goe to calice ; for said he , we shall hear the whole relation of the businesse at jersey : whereupon major adams or captain farr were moved by mr. drake to goe . there was mention of major alford to goe , though he was not then present that i know of , nor was he ever within my house , as i remember , untill after he returned from calice : so that there was none that i know of was gone , mr. drake told me , major alford was the fittest man to goe over to calice , having businesse of his owne to goe into france , to look after his prodigall son , so that it was ( said he ) a plausible pretence to conceale his going over to meet with titus . there were present at this first meeting , m. drake , m. ienkins , maj. adams , d. drake , cap. farr , cap. potter , and my selfe , with some others , but who more , i cannot remember . about two or three dayes after major alfords returne from calice , mr. drake told me he was come to london , and told me he would goe to severall ministers and citizens , to desire them to meet at my house , that so we might hear what newes major alford brought with him from calice ; accordingly the next day in the evening they met at my house , mr. drake brought major alford with him ; major alford at that meeting gave an account of his conference with titus , and of his receiving a copy of the kings letter from him , as also a narrative of the proceedings at the treaty at jersey : but he said ( if i mistake not ) that he brought not over the letters himself , but delivered them to a passenger that came over in the ship , to carry them , lest that himselfe should be searched ; but after he came into england , he received the letter and narrative from the passenger ( but who he was i know not ) and so brought them to london ; whether the copy of the kings letter was read at my house , in my hearing , i remember not ; yet i deny not but it was read there , i am sure i heard that the contents of it were to this effect , that he tooke in good part the affections and loyalty of those who formerly had made applications by way of petition to him ( of which petition i know nothing ) and if ever god restored him , or put him in a condition , he should remember them : the narrative which alford brought from titus , was read in my house , in my hearing , which was to this effect , he made a large description of the scots , commending his prudent carriage and good inclinations to an agreement with the scots , but that his bad councell about him hindred it ; also he made a rehearsall of his sufferings from the cavaliers at iersey , how he was imprisoned in a close room : many things else was in the narrative , which i have forgotten . there were present at this meeting , major alford , m. drake , m. case , major adams , m. iaquel , m. iackson , m. ienkins , d. drake , cap. potter , m. sterks , cap. farr , and my self , with some others , but who more , i doe not remember . a little before or about the treaty , between the king and the scots at breda . there was a meeting at my house , m. drake proposed , that we should think of some way to promote the agreement betweene the king and the scots ; where by the way , i desire humbly to give notice , that this was the first and onely meeting of this nature , and for this end , at my house , that i know of . at this meeting , m. drake tooke cut some papers out of his pocket , written in characters , which he read in my study ; what he read , went under the name of a commission and instructions ( as he termed it ) to be sent to the lord willoughby , alderman bunce , massey , graves , and titus , to appoint them to advise with , and use their interests in persons of honour , about the king , to provoke him to agree with the scots , and to take the covenant ; as also to advise with the scots commissioners , and perswade them , that in their agreement with their king , they would have speciall respect to the interest of religion , and terms of the covenant ; the commission ran in this form , as if it were in the names of all the presbyteriall party in england : after i heard it read , i expressed my selfe against it , alledging severall reasons , chiefly , that it was an act of high presumption for private persons to send a commission with instructions , and an act of notorious falshood , to say , this was in the name of the presbyteriall party of england , when none but a few persons knew thereof , that i know of : many in the company did expresse a dislike thereof , as well as my selfe . m. drake did also read a letter in this meeting , but to whom it was , i know not , neither know i the contents of it , i was at least a dozen times called out of the room , whiles the company were there met , so that i am not able to give so full and particular an accompt of the contents of the letter , and of the commission and instructions : what m. drake did about the commission and instructions after he was gone from my house , i know not ; what he sent away , i know not , nor did i know by whom it was sent away , untill maj. alford declared before the high court , that he received the papers from m. drake , carried them to gravesend , and delivered them to one mason ( whose face i never saw ) and he carried them to holland . there was present at this meeting , major huntington ( who was never at my house before nor since , whose face i never saw before nor since , but at my tryall ) m. drake , d. drake , m. jackson , m. jenkins , m. cauton , maj. alford , m. gibbons , maj. adams , cap. farr , and my selfe , with some others , whom i cannot remember . there is one thing more i make bold to mention , that there are other persons , besides those i have named , who did now and then come to these meetings at my house , as m. robinson , m. nalton , m. haviland , m. blackmore , col. vaughan , col. sowton , these were also present at one time or another , but at what particular meeting , i cannot positively say . thus i have clearly laid open the whole matter of fact , so far as i well remember , and distinctly know of passages about these meetings and transactions at my house . from the tower of london , july . . i attest the truth of this narrative under my hand , christopher love . mr. love's speech made on the scaffold on tower-hill , august . . beloved christians , i am this day made a spectacle unto god , angels , and men ; and among them i am made a grief to the godly , a laughing-stock to the wicked , and a gazing stock to all ; yet blessed be my god , not a terror to my self ; although there be but a little between me and death , yet this bears up my heart , there is but a little between me and heaven : it comforted dr taylor , the martyr , when he was going to execution , that there were but two stiles between him and his fathers house ; there is a lesser way between me and my fathers house , but two steps between me and glory ; it is but lying downe upon the block , and i shall ascend upon a throne : i am this day sailing towards the ocean of eternity , through a rough passage , to my haven of rest ; through a red sea , to the promised land . methinks i hear god say to me as he did to moses , goe up to mount nebo , and die there , so goe thou up to tower-hill , and dye there . isaac said of himself , that he was old , and yet he knew not the day of his death ; but i cannot say thus , i am young , and yet i know the day of my death , and i know the kind of my death also , and the place of my death also ; it is such a kind of death as two famous preachers of the gospel were put to before me , john the baptist , and paul the apostle , they were both beheaded : yee have mention of the one in scripture story , and of the other in ecclesiasticall history : and i read in the of the revelations , and the . the saints were beheaded for the word of god , and for the testimony of jesus . but herein is the disadvantage , which i am in in the thoughts of many , who judge that i suffer not for the word , or for conscience , but for medling with state-matters . to this i shall briefly say , that it is an old guise of the devil , to impute the cause of gods peoples sufferings , to be contrivements against the state , when in truth it is their religion and conscience they are persecuted for . the rulers of israel they would put jeremiah to death , upon a civill account , though indeed it was onely the truth of his prophesie made the rulers angry with him : yet upon a civill account they did pretend he must dye , because he fell away to the chaldeans , and would have brought in forreign forces to invade them : the same thing is laid to my charge , of which i am as innocent , as ieremiah was . i find other instances in the scripture , wherein the main causes of their sufferings were still imputed to meddling with state-matters : paul , though he did but preach jesus christ , yet he must dye , if the people might have their will , under the pretence that he was a mover of sedition . upon a civill account my life is pretended to be taken away , whereas indeed it is , because i pursue my covenant , and will not prostitute my principles and conscience to the ambition and lusts of men . beloved , i am this day to make a double exchange , i am changing a pulpit for a scaffold , and a scaffold for a throne ; and i might add a third , i am changing this numerous multitude , the presence of this numerous multitude upon tower-hill , for the innumerable company of angels in the holy hill of zion ; and i am changing a guard of souldiers , for a guard of angels , which will receive me , and carry me into abrahams bosome . this scaffold is the best pulpit i ever preached in , for in the church pulpit god through his grace made me an instrument to bring others to heaven , but in this pulpit he will bring me to heaven . these are the last words that i shall speak in this world , and it may be this last speech upon a scaffold my bring god more glory , then many sermons in a pulpit . before i lay downe my neck upon the block , i shall lay open my case unto the people that hear me this day : and in doing it , i shall avoid all rancour , all bitternes of spirit , animosity , and revenge ; god is my record , whom i serve in the spirit , i speak the truth , and lye not , i doe not bring a revengefull heart unto the scaffold this day ; before i came here , upon my bended knees , i have beg'd mercy for them that denied mercy to me , and i have prayed god to forgive them who would not forgive me : i have forgiven from my heart , the worst enemy i have in all the world , and this is the worst that i wish to my accusers and prosecutors , who have pursued my blood , that i might meet their souls in heaven . i have now done , i have no more to say , but to desire the help of all your prayers , that god would give me the continuance and supply of divine grace to carry me through this great work i am now to doe ; that i , who am to doe a work i never did , i may have a strength that i never had ; that i may put off this body with as much quietnesse and comfort of mind , as ever i put off my cloaths to goe to bed . and now i am to commend my soul to god , and to receive my fatall blow , i am comforted in this , though men kill me they cannot damne me , and though they thrust me out of the world , yet they canshut me out of heaven . i am now going to my long home , and you are going to your short homes , but i tell you i shall be at home before you , i shall be at heaven , my fathers house , before you will be at your owne houses . now i am going to the heavenly jerusalem , to the innumerable company of angels , to jesus christ the mediator of the new covenant , to the spirits of just men made perfect , to god the judge of all , in whose presence there is fulnesse of joy , and at whose right hand there are pleasures for evermore . i shall conclude . then he kneeled downe and made a short prayer privately . then after rising up , he said , blessed be god i am full of joy and peace in believing , i lye downe with a world of comfort , as if i were to lye downe in my bed . my bed is but a short sleep , and this death is a long sleep , where i shall rest in abrahams bosome , and in the embraces of the lord jesus . and then saying , the lord blesse you , he laid himselfe downe upon the scaffold , with his head over the block , and when he stretched forth his hands , the executioner cut off his head at one blow . the humble petition of william jenkins , prisoner . most humbly sheweth : that your petitioner is unfeignedly sorrowfull for all his late miscarriages , whether testified against him , or acknowledged by him , and for the great and sinfull unsutablenesse of them to his calling and condition . that upon earnest seeking of god , and diligent enquiry into his will , your petitioner is convinced , that the alterations of civill governments are ordered by , and founded upon the wise and righteous providences of god , who removeth kings , and setteth up kings , ruleth in the kingdomes of men , and giveth them to whomsoever he will . that the providences of this god , have in the judgement of your petitioner , as evidently appeared in the removing of others from , and the investing your honours with the government of this nation , as ever they appeared in the taking away , or bestowing of any government , in any history of any age of the world . that he apprehends , that a refusall to be subject to this present authority , under the pretence of upholding the title of any one upon earth , is a refusall to acquiesce in the wise and righteous pleasure of god , such an opposing of the government set up by the soveraigne lord of heaven and earth , as none can have peace , either in acting in , or suffering for , and that your petitioner looks upon it as his duty , to yeeld to this authority , all active and cheerfull obedience in the lord , even for couscience sake , to promise ( he being required ) truth and fidelity to it , and to hold forth the grounds of his so doing , to any , as god shall call him thereunto . that though an imprisonment , accompanied with the losse of estate , and to be followed ( without your gracious prevention ) with a speedy arraignment before a high and eminent iudicatory , are far from being pleasant to flesh and blood , and though the injoyment of your grace and favour , be a blessing most deserving to be reckoned among the best of temporals , yet that neither the feeling , and fearing of the former , nor the expectation of the latter , could have induced your petitioner against the light of his owne judgement , and the prepondering part of his owne conscience to have made , or presenting this acknowledgement , he sadly forecasting , that a whole skin is but a contemptible recompence for a wounded conscience . wil . jenkin . aug. . . a glorious victory obtained through gods mercy , by the forces of the common-wealth , over the scotch army at worcester , sep. . this day twelve months was glorious at dunbar , but this day hath been very glorious before worcester , the word was , the lord of hosts , and so it was now ; the lord of hosts having been wonderfully with us : the same signall we had now as then , which was to have no white about us , yet the lord hath cloathed us with white garments , tho to the enemy they have been bloody , onely here lyeth the difference , that at dunbar our work was at break of day , and done ere the morning was over , but now it began towards the close of the evening , and ended not till the night came , that in the end it became an absolute victory , determined by an immediate possession of the town , with a totall routing and defeat of the scotch army , the number of persons taken is neer . neer were slain of the enemy , but of all our side not above . which adds much to the mercy . my lord generall did exceedingly hazard himselfe , riding up and down in the midst of their shot , and riding himself in person to the enemies forts , offering them quarter , whereto they returned no answer , but shot . let us conclude therefore in the words of our renowned generall , the dimentions of this mercy are above all our thoughts , it is for ought i know , a crowning mercy , sure if it be not such a one we shall have , if this provoke not those that are concerned in it to thankfulnesse , and the parliament to doe the will of him , who hath done his will for it , and for the nation . sept. . . dundee taken by storme , sixty ships in the harbour , forty guns . the scots king beaten at worcester , gets into a hollow tree , remaines there a night , the next day in a wood , cuts his hair short , shipt for havre de grace , and so to paris . sir , the scottish king came hither on munday the last of october , new style , and being demanded by his mother and the duke of orleans how he escaped the fight of worcester , gave them this account . that about six a clock in the evening , his army being in all likelihood beaten , he quitted worcester towne , with a party of horse , and marched toward lancashire , but being fearfull of being pursued , and likewise of some of the scotish officers that might deliver him up , he with my lord wilmot quitted their horses , sent the party of horse upon their march , and betook themselves the second dayes march from worcester , into a tree , where they remained untill night , and then marched on foot that night ; the third day they took sanctuary in a wood , and night approaching marched on towards lancashire , where they were received by a lady who furnished them with cloaths for a disguise , and cut off their haire very short . having reposed two or three dayes , the lady resolved to endeavour to ship them out of england , to which purpose , she riding behind the king , and wilmot as another servant by , they went to bristoll , but finding a narrow and hot inquiry there , resolved to go for london , where they stayed three weeks . the king one day went into westminster-hall , where he saith he saw the states-arms , and scots colours ; my lord wilmot procured a merchant to hire a ship of forty tuns to transport them , which cost them a hundred and twenty pounds , but where they took shipping is not yet knowne : but as soon as my lord was entred the barque , and the king as his servant , the master of the vessel came to my lord , and told him , that he knew the king , and told him , that in case it should be knowne , he could expect no mercy : which saying troubled them , but at length , what with money and promises , they prevailed , and so set faile for havre de grace , where they landed , and from thence to roven , where they cloathed themselves , and writ to paris . his arrivall there will put them to new counsels , since now they cannot send their embassadors , which was concluded on before his coming . the duke of orleans fetched him into towne , and expressed much as to serve him . yesterday he , with thurenne , beaufort , the duke of guise , came to him to the louvre , where the king told them , that they should endeavour to reconcile the breach between the prince and the king of france , for , said he , to my knowledge the english will visit you with an army in the spring . the executing of the earl of darby at bolton in lancashire , octob. . . the isle of jersey taken , octob. . nov. . the isle of man taken . resol. that the time for the continuance of this parliament , beyond which they resolve not to sit , shall be nov. . . the parliament of the common-wealth of england declare . that no power , jurisdictions or authority derived from , by or under charles stewart , who pretended himselfe king of scotland , or any of his predecessors , or any otherwise then from the parliament of the common-wealth of england be used , exercised or enjoyned within scotland or the isles or any of their territories thereof . that they doe forbid , annull and make void the use and exercise of any power , jurisdiction and authority whatsoever within scotland or the isles , or any of the territories thereof , other then such as shall be derived from the parliament of the common-wealth of england . february . . an act of generall pardon and oblivion . the parliament of england having had good experience of the affections of the people to this present government , by their ready assistance in the defence thereof , against charls stuart son of the late tyrant , and the forces lately invading this nation under his command , and being much afflicted with the miserable and sad effects which the late unnaturall war hath produced , and resolved ( next to the glory of god , and the advancement of the kingdome of jesus christ ) to make no other use of the many victories the lord hath in mercy vouchsafed unto them , then a just settling of the peace and freedome of this common-wealth ; and being most desirous that the minds , persons and estates of all the people of this nation might be composed , setled and secured , and that all rancor and evill will occasioned by the late differences , may be buryed in perpetuall oblivion . be it enacted by this present parliament , and by authority of the same , that all and every person or persons of or within the common-wealth of england , the isles of jersey and gernsey , and the towne of barwick upon tweed , and the heires , executors , and administrators of them and every of them , and all and singular bodies in any manner incorporated , cities , burroughs , shires , ridings , hundreds , lathes , rapes , wapentakes , townes , villages , hamblets and tithings , and every of them , are and shall be , and are by the authority of this parliament , acquitted , pardoned , released and discharged ( as against the parliament the keepers of the liberties of england by authority of parliament , or any or other of them ) of all manner of treasons , fellonies , offences , contempts , trespasses , entries , misdemeanors , forfeitures , sequestrations , penalties , and sums of moneys , pains of death , pains corporall , or pecuniary , and generally of all other things , causes , quarrels , fines , judgements , and executions had , made , committed , suffered or done before the third day of september . not in this present act hereafter not excepted nor foreprized . and the said keepers of the liberties of england by the authority of this present parliament , granteth and freely giveth , acquitteth , pardoneth , releaseth and dischargeth to every of the persons , and to every of the said bodies corporate , and others before rehearsed , and to every of them , all goods , debts , chattels , fines , issues , profits , amercements , forfeitures , which to the said keepers of the liberties of england do , or shal belong or appertain , by reason of any offence contempt , trespasse , entery , misdeameanors , matter , cause , sequestration or quarrell had , suffered , done , or committed by them , or any of them , before the said third day of september , and which be not hereafter in this act foreprized and excepted . and it is further enacted , that this pardon by these generall words , clauses and sentences before rehearsed , shall be reputed , deemed , adjudged , expounded , allowed , and taken in manner of courts of justice , or else-where most beneficiall and available to all and singular the persons , bodies corporate , and others before rehearsed , and to every of them . and if any person or persons , &c. shall be in any wise arrested , attached , distrained , summoned , or otherwise vexed , &c. for , or because any thing acquitted , pardoned , released , or discharged by vertue of this act , that every person so offending , and being thereof lawfully convicted by sufficient testimony , shall yeeld and pay for recompence to the party so grieved or offended thereby , his or their treble dammages , and forfeit ten pounds to the keepers of the liberties of england . excepted , and always foreprized out of this general free pardon , all and all manner of high-treasons , ( other then for words only ) and all levying of war , rebellions , insurrections , and all conspiracies and confederacies , traiterously had , committed , and done against the parliament , or the keepers of the liberties of england , either within or without the limits of this common-wealth , since the thirtieth day of january in the year of our lord , . and all misprisions and concealements of the said offences or any of them , or the abettimg , ayding , procuring of them , or any of them . and also excepted all manner of voluntary murthers , petty treasons , and wilfull poysoning ; all piracies , and robberies upon the seas , and the abettors thereof ; all buggeries , rapes , and ravishments , and wilfull taking away and marrying of any maid , widow , or daughter against her will . and also except all persons now attainted or outlawed , of or for petty treason , murther , or wilfull poysoning , conjurations , witchcrafts , charmes , wrongfull detainments of any the customes , and all sequestrations and sums of money due upon compositions excise or new-impost . and also excepted all conditions and covenants , and all penalties and forfeitures due to the parliament or the late king , since the . of january . and also all first fruits , and tythes , and all offences and misdemeanours whereof any sentence or judgement hath been given in parliament ▪ since the of january . and all offences of bribery , perjuries and subordination of witnesses , counterfeiting deeds , debenters , bils of publick faith , escripts , or writings whatsoever : and all offences touching the carrying , sending or conveying over the seas any gold , silver , jewels , or any coyne . and all other offences in the unlawfull buying , selling , exchanging or melting downe of any gold , silver or bullion , or the transporting beyond the seas of auy guns , shot , or gun-mettle : and all offences in detaining or imbezling any the goods , moneys , or chattels of the late king and queen : and except all fines and amercements lost , imposed , or assessed : and all offences committed by any jesuite or seminary priest , contrary to the statuts in that case : provided and except any outlawries upon any writ of capias ad satisfaciendum , and all except persons as were the ●h of january in prison , or otherwise constrained of liberty by immediate commandement , warrant , or direction of parliament or councell of state : and also excepted all informations and proceedings concerning common high wayes , and all forfeitures of any goods or merchandize prohibited to be exported or imported : all-fee-farme rents , rents service , rents charge , and rents seck : and all arrerages due since the th of june . and all moneys imprested since the third of november . provided that all acts of hostility and injuries , whether between the late king and the lords and commons in parliament , or between any of the people of this nation which did arise upon any action , attempt , assistance , councel , or advice having relation to , or falling out by reason of the late troubles , that the same , and whatsoever hath ensued thereon , whether trenching upon the lawes and liberty of this nation , or upon the honour and authority of parliament , or to any particular person , shall in no time after the th of june be called in question . finis . instructions for deputy lieutenants, which are members of the house of commons, and other lieutenants of severall counties, concerning the last propositions. together with the names of the commissaries, who are to inroll and value the horses and arms, according to the propositions proceedings. - - england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) instructions for deputy lieutenants, which are members of the house of commons, and other lieutenants of severall counties, concerning the last propositions. together with the names of the commissaries, who are to inroll and value the horses and arms, according to the propositions proceedings. - - england and wales. parliament. house of commons. england and wales. army. sheet ([ ] p.) printed by l.n. and j.f. for edward husbands and iohn franck, london : iune . . steele notation: arms tender deputy gent,. reproduction of original in the folger shakespeare library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no instructions for deputy lieutenants, which are members of the house of commons, and other lieutenants of severall counties, concerning the l england and wales. parliament. house of commons c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion instructions for deputy lieutenants , which are members of the house of commons , and other lieutenants of severall counties , concerning the last propositions . together with the names of the commissaries , who are to inroll and value the horses and arms , according to the propositions . that the deputy lieutenants of each county , which are members of the house , shall have authority to tender the propositions to the other deputy lieutenants of the same county ; and take their subscriptions , and all such deputy lieutenants , or any two of them as shall subscribe according to the propositions , shall have authority to assemble and call together all such persons as they shall think fit , and to tender those propositions to all such persons as shall be present , or to any persons within their counties respectively , and receive their subscriptions : and the said deputy lieutenants , or any two of them , shall have authority to name such , and so many persons , as they shall think fit to assemble and call together every person , or to repair to their severall houses or dwellings within their respective counties , and to take their subscriptions , which subscriptions are by them to be returned to such persons as shall be appointed receivers in the respective counties , who shall from time to time certifie the sums , values , or proportions of such subscriptions to the treasurers of london . the said deputy lieutenants , or the greater part of them shall have power to name receivers in their severall counties , and all such as shall either before or after their subscriptions , pay or bring in any money or plate , shall deliver the same to such person or persons as shall be appointed by the said deputy lieutenants , or the greater part of them , under their hands to be receivers , which the said persons so appointed shall cause to be delivered to the treasurers in london , named in the said propositions ; and shall receive acquittances from the said treasurers , in the name , and to the use of the severall persons from whom they shall receive such money or plate , and shall deliver such acquittances to the severall persons to whom they do belong : and all such as make such returns of money or plate , shall receive reasonable allowance from the treasurers for the same , according to their discretions . all that finde horses , shall presently send them up to london , according to the propositions . in those counties where no commissions are issued to those that were nominated for deputy lieutenants , or none have been nominated , there the same authority to be given to such iustices of peace , or other gentlemen of those counties , which shall be named by the knights , and burgesses of those counties , and approved by both houses , as is to the deputy lieutenants in the first instruction . . that the time of notice shall be taken , to be from the time that every man hears the propositions first read by the authority aforesaid . . it is ordered , that captain burrell master lloyd , john smith of london , gent ' , and francis dowsett of london , gent ' , be comm 〈…〉 naries to inroll and value the horses and arms , to be raised according to the propositions . ordered that this be forthwith printed : h. elsynge , cler. parl. d. com. london , printed by l. n. and j. f. for edward husbands and iohn franck ▪ iune . . an ansvver to a pamphlet, entit'led, a declaration of the commons of england in parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse of application to be made to the king. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an ansvver to a pamphlet, entit'led, a declaration of the commons of england in parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse of application to be made to the king. clarendon, edward hyde, earl of, - , attributed name. [ ], , [ ] p. s.n.], [s.l. : printed in the yeare, . sometimes attributed to edward hyde, earl of clarendon. the words: 'a declaration .. made to the king.' are enclosed in square brackets. annotation on thomason copy: "may d". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . declaration of the commons of england in parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the king -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no an ansvver to a pamphlet, entit'led, a declaration of the commons of england in parliament assembled,: expressing their reasons and grounds [clarendon, edward hyde, earl of] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an answer to a pamphlet , entit'led , a declaration of the commons of england in parliament assembled , expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the king . cr honi soit qvi mal y pense diev et mon droit royal blazon or coat of arms printed in the yeare , . an answer to a pamphlet , entit'led , [ a declaration of the commons of england in parliament assembled , expressing their reasons and grounds of passing the late resolutions touching no farther addresse or application to be made to the king . ] i believe that it was never heard of until now , that heavy imputations were laid on any man ( i speak not , now , of kings , which i confesse makes the case , yet , more strange and unjust ) and he not permitted to see , much lesse to answer them : but so it is now with the king : which does ( though silently ) yet subject him to as great an imputation , as there is any in the said declaration ; for those who know no better , may think that he cannot , because he does not , answer it : wherefore i hold it my duty ( knowing these things better then every ordinary man ) to do my best , that the king should not be injured , by the ignorance of his people ; and albeit , i ( lying under persecution , for my conscience , and love to regall authority ) have not the means , in every thing , to make full probations ; yet , i am confident , in all the most materiall points , so to make the truth , of the kings innocency , appear ; that i shall satisfie any impartiall judicious reader . what the issue of former addresses to the king hath been , is most certainly known to all the world ; but , where the fault rests , whereby peace hath not ensued , bare asseverations , without proofes , cannot , i am sure , satisfie any judicious reader . and indeed , it seems to me , that the penner of this , seeks more to take the eares of the ignorant multitude , with big words , and bold assertions , then to satisfie rationall men with reall proofs or true arguments . for , at the very first , he begs the question ; tak●ng it for granted , that the king could ease the sighes and groanes , dry the teares , and stanch the blood of his distressed subjects : alas ! is it he , that keeps armies on foot , when there is none to oppose ? is it he , that will not lay down excise , taxation , and free-quarterings ? but , it is he indeed , who was so far from power , even at that time , ( being far worse since ) that , in most things , he wanted the liberty of any free-born man : it is he , who never refused to ease his people of their grievances ; witnesse more acts of grace passed in his reigne , then ( to speak within my compasse ) in any five kings or queens times , that ever were before him : moreover , it is he , who , to settle the present unhappy distractions , and ( as the best means to it ) to obtain a personall treaty , hath offered so much ; that ( to say truth ) during his own time , he hath left himself little more then the title of a king ; as it plainly appears by his message from the isle of wight , concerning the militia , and choosing the officers of state , and privy-counsellours ; besides other points of complyance , which is needlesse here to mention . good god! are these offers , unfit for them to receive ? have they tendred such propositions , that might occasion the world to judge that they have yeilded up , not only their wills and affections , but their reasons also , and judgements , for obtaining a true peace or good accommodation ? it is true , that if they can shew , what , reasonably , they could have asked more ; or , wherein the king's offers were deficient ( either in point of security , or , by with-holding , from any of his subjects , a jot of their just priviledges ) then , they said somewhat , to challenge belief : but , bare asseverations , even against what a man sees , will not get credit with any , but such who abandon their judgments to an implicit faith : nor can the determinations of all the parlaments in the world , make a thing just or necessary , if it be not so of it self : and can it be imagined , that any , who were ever acquainted with the passages at the treaties , of oxford and uxbridge , will believe ( though it be said ) that the propositions tendred at newcastle , were the same in effect , which had been presented to the king before , in the midst of all his strength and forces ? indeed methinks such grosse slips as these , should , at least , make a man be wary , how to believe such things , for which he sees no proofs ; and yet it should seem , that a man must either take their words , for good payment , or remain unsatisfied ; for a little after , it is said , that the kings strange , unexpected , and conditionall answers or denials might justly have made them consider some other course for setling the kingdome in peace and safety , without any farther application ; but never showes , wherein the strangenesse of his answers or denials consists : and i should think , that those reasons , upon which the laying by of a kings authority is grounded ( for it is no lesse ) ought to be particularly mentioned , for the worlds satisfaction , and not involved in generall big words : for it thereby seems , that it is their force of armes , more then that of reason , which they trust to , for procuring of obedience to their determinations , or belief to what they say : otherwayes , can it be imagined , that their saying , that their last propositions were to be qualified , that ( where it might stand with the publick safety ) the wonted scruples and objections were prevented or removed , can give satisfaction to any rationall man , who hath seen all their former propositions ? for , it is most evident , that their demands have alwaies encreased with their good fortune . and for their great condescention to a personal treaty ( which , under favour , can scarcely be called so ; for the king , though he had granted what was desired , was not to come , neither to nor near london , but to stay in the isle of wight , and there to treat with commissioners ) upon signing the four bils ; surely , they incurred therein , but little danger ; for it is most evident , that they containe the very substance of the most essentiall parts of their demands ; which being once granted , the king would neither have had power to deny , nor any thing left worth the refusing ; for after he had confessed , that he had taken up armes , to invade the liberty of his people , ( whereas it was only for the defence of his own rights ) and had likewise condemned all those , who had faithfully served him , of rebellion ; and that he had totally devested himself , his heires , and successours for ever , of the power of the sword ; whereby the protection of his subjects ( which is one of the most essentiall and necessary rights belonging to regall authority ) is totally torne away from the crown : and that by a silent confession , he had done himself and successours , an irrepairable prejudice concerning the great seal ( i speak not of the other two bills , neither of which are of little importance ) what was there more for him to grant ( worth the insisting upon ) after such concessions ? or , indeed , what power was left him to deny any thing ? so that the king's necessity of giving the answer he did ( for it was no absolute refusall ) is most evident ; unlesse , he had resolved to have lived in quiet , without honour ; and to have given his people peace , without safety ; by abandoning them to an arbitrary and unlimited power of the two houses , for ever , concerning the levying of land or sea forces , without stinting of numbers , or distinction of persons ; and for payments , to levy such summes of monies , in such sort , and by such waies and means , as they shall think fit and appoint . and now , i cannot but ask ; is this the militia , that the king contends for ? or , did ever any king of england pretend to , or seek for , such a power ? surely no : but , this is a new militia , and take heed , lest this should prove like the roman praetorian cohorts , that what they did in choosing and changing emperours , these do not to this government ; by moulding and altering it according to their fancies . now , my eagernesse to clear this point concerning the four bills , had almost made me forget , a most materiall question : i wonder much wherein the danger consists of a personall treaty with the king , ever since he was last at newcastle ? surely he cannot bring forces along with him , to awe his two houses of parlament : and it is as well known that he hath not mony to raise an army : and truly , there is as little fear , that the eloquence of his tongue should work miracles ; but on the contrary , if he were so ill a man , as you describe him to be , whatsoever he shal say or write , must more prejudice him then you : for let him never flatter himself ; it must be clear , not doubtfull , reason , that can prevaile against that great visible prevailing power , which now opposes him : nor do i say , it will ; but certainly , lesse cannot doe it : where is then , the danger ? believe it , reason will hardly maintain those who are affraid of her . after this , it is said , that they had cause enough to remember , that the king sometimes denied to receive their humble petitions : but , they neither tell , where , nor when ; which , i am most confident , they cannot : but i am certain , that the king hath sent divers messages of peace to them , unto which , he hath yet , had no answer ; namely , his last from oxford of the . jan. . and all the rest since : as for the fight at brainceford , whosoever will read the collection of the declarations in print , upon that subject , will clearly find , that the king hath more reason to complain , that they under colour of treaty , sought to environ him with their forces ; then they , for what he then did ; and his retreat was neither for feare , nor with shame ; for the appearing of the enemy made him retard , not hasten his orders for retiring , which divers howers ( before their appearing ) he had given : which he did without any losse at all , but ( on the contrary ) retreated with more armes , eleven colours , and fifteen pieces of ordnance ( beside good store of ammunition ) then he had before : and for cruelty ; there was not a drop of bloud shed , but in the heat of the fight , for i saw above five hundred prisoners , who ( only promising , never after , to beare armes against the king ) were freely released . again , they seem to have good memories , saying , that the king once sent them a specious message of renewing a treaty , when at the same time , his messenger was instructed how to manage that bloody massacre in london , which was then design'd by vertue of the kings commission , since published : and hath the king sent but one message , for the renewing of a treaty ? then what was that from tavestock in aug. . and * five others from oxford the next yeare ? but indeed this , that is here mentioned , they knew not how to answer ( for at that time , they knew not the way of silence ) but by this forged accusation against the messenger ; who , i dare say , knew nothing of that , which might have been ( at that time ) intended for the king's service , by some who had more zeale then judgment : but , that there was a massacre intended , or , that any commission from the king , should countenance such a designe , is a most notorious slaunder . as for the king' 's mentioned letter to the queene ; i am confident that any judicious reader , will find the glosse made upon it , very much wrested : and certainly , after-ages will think these times very barbarous , wherein private letters betwixt man and wife are published to open view : and in other countries , there is such respect carried to private letters of princes , that ( to my knowledge ) the last emperour in the greatest heat of the bohemian warre , having intercepted a packet , wherein were private letters to king james of blessed memory ( who was then known , no great friend to the emperour ) from his onely daughter , then , avowedly the emperours greatest enemy ; yet he sent them to the king , without the least offer of violence to the scales . and now i come to their determination upon the whole matter , what course they have resolved to take with the king : their words are ; but notwithstanding this and other former tenders , we have now received such a denyall that we are in despaire of any good by addresses to the king ; neither must we be so injurious to the people in further delaying their setlement , as any more to presse his consent to these , or any other propositions : besides , it is resolved upon the question : that they will receive no more any message from the king ; and do enjoyne , that no persons do presume , to receive or bring any message from the king to both or either houses of parlament or to any other person . thus you see , that the king is laid by ; but , that is not all ; for , he must , neither justifie his innocency against calumny , nor is there any way left him to mend any errour , that he may have committed : is this a just way of proceeding ? when truth , though offered , must not be heard ; and that no way must be left to recant an error ? and why all this severity ? because ( as i have already shown you ) the king will not injure his conscience or honour , nor suffer his people to be oppressed ; to which they give the terme of such a denyall , though really it was none . but since they thus seek to hoodwink the people ; it is no great wonder , that they forbid the king to repent him of those faults , which he never committed : and i believe all indifferent men , will easily judge of the king's innocency , even by their way of accusation : for , those who wil lay such high crimes to his charge , as the breach of oaths , vows , protestations , and imprecations ; would not spare to bring their proofs if they had any : but on the contrary it is known to all the world , that he had not suffer'd , as he ha's done , if he would have dispensed with that part of his coronation oath , which he made to the clergy ; which is no great signe that he makes slight of his engagements : of which it is so universally knowne , that he ha's been so religiously carefull , as i hold it a wrong to his innocency , to seek to clear him of such slaunders , for which there are no proofs alledged ; for , malice being once detected , is best answered , with neglect and silence : and was there ever greater , or more apparent , malice , then to offer to put the horrid slaunder of paricide upon him , who was eminently known to be as obedient and loving a son to his blessed father , as any history can make mention of ? but indeed the losse of rochell doth fitly follow ; to show , how malice , when it is at the height , is ordinarily accompanied ; for there are none , but ignorant or forgetfull men , who know not that it was meerly the want of assistance , from the two houses of parlament ( contrary to their publick generall engagement ) that lost rochell : and there is nothing more clear ( to any who hath known french occurrences ) then , that reall assistance , which the king , to the uttermost of his power , gave to those of the religion , at that time , made the cardinall of richelieu an irreconcileable enemy to the king ; wherefore i cannot but say , that it is a strange forgetfull boldnesse to charge the king with that which was evidently other mens faults . there are also other things , that , to any knowing man , will rather seem jeers , then acusations ; as the german horse , and spanish fleet in the yeare . but my affection shall not so blind me , as to say , that the king never erred ; yet , as when a just debt is paid , bonds ought to be cancell'd ; so grievances , be they never so just , being once redressed , ought no more to be objected as errours . and it is no paradox , to affirme ; that truths , this way told , are no better then slaunders ; and such are the catalogue of grievances here enumerated ; which , when they are well examin'd , every one of them , will not be found such as here they are described to be . now as concerning those discourses which mention the beginnings of these troubles , ( which are in two severall places of this declaration ) i will onely say this ; that what the king did , upon those occasions , was meerly to defend the rights of his crown , which were and are evidently sought to be torne from him ; nor can i acknowledge all those relations to be true , such as private levies , of men ; by popish agents ; arming of papists in the north , calling in of danish forces , and the like : and as for the stale slaunder of calling up the northerne army , now renewed ; it is well known , that the two houses ( even at that time ) were not so partiall to the king , as to have conceal'd a practise of that kind , if they could have got it sufficiently proved . but , if the irish rebellion can be justly charged upon the king , then i shall not blame any for beleeving all the rest of the allegations against him ; onely i protest against all rebells testimonie , as good proofe ; it being most certaine by experience ; that they , who make no conscience of rebelling , will make lesse of lying , when it is for their advantage . and , it is no little wonder , that , so grave an assembly as the house of commons , should so slightly examine a businesse of that great weight , as to alleage , that the scots great seale , did countenance the irish rebellion , when i know it can be proved , by witnesses without exception , that , for many moneths before , untill the now lord chancellour had the keeping of it , there was nothing at all sealed by it : nor concerning this great point will i onely say , that the king is innocent , and bid them prove ( which , to most accusations , is a sufficient answer ) but , i can prove , that if the king had been obeyed in the irish affaires before he went last into scotland , there had been no irish rebellion ; and , after it was begun , it had , in few months , been subpressed , if his directions had been observed ; for if the king had been suffered to have performed his engagements to the irish agents ; and , had disposed of the discontented irish army , beyond sea ( according to his contracts with the french and spanish ambassadours ) there is nothing more cleare , then that there could have been no rebellion in ireland ; because , they had wanted both pretence and meanes , to have made one : then , when it was broken forth , if those vigorous courses had been pursued , which the king proposed , ( first to the scots , then , to the english parlament ) doubtlesse that rebellion had been soon suppressed . but what he proposed took so little effect , that in many months after , there was nothing sent into ireland , but what the king himselfe sent ( assisted by the duke of richmond ) before he came from scotland , unto sir rob : steward ; which , though it were little , will be found to have done much service , as may be seen by the said sir roberts voluntary testimony , given in writing to the parlament commissioners then attending the king at stoak . and certainly , a greater evidence for constancy in religion there cannot be , then the king shewed in his irish treaty ; for , in the time that he most needed assistance , it was in his power to have made that kingdome declare unanimously for him , and have had the whole forces thereof employed in his service , if he would have granted their demand in points of religion , they not insisting in any thing of civill government , which his majesty might not have granted , without prejudice to regal authority ; and this can be clearly proved , by the marques of ormonds treaties with the irish , not without very good evidence by some of the king's letters to the queene , which were taken at naseby that are purposely concealed , lest they should too plainly discover the king's detestation of that rebellion , and his rigid firmnesse to the protestant profession : nor can i end this point , without remarking with wonder , that men should have so ill memories , as again to renew that old slander , of the king's giving passes , to divers papists , and persons of quality , who headed the rebels ; of which he so cleared himselfe , that he demanded reparation for it , but could not have it , albeit no shew of proof could be produced , for that allegation : as is most plainly to be seen in the first book of the collection of all remonstrances , declarations , &c. fol. . & . thus having given a particular answer to the most materiall points in this declaration , the rest are such frivolous , malicious , and many of them groundlesse calumnies , that contempt is the best answer for them . yet , one thing more , i must observe , that they not onely endeavour to make fables passe for currant coyne , but likewise seek to blind mens judgements , with false inferences upon some truths : for example ; it is true , that the king hath said in some of his speeches or declarations ; that he oweth an accompt of his actions to none but god alone ; and that the houses of parlament joynt or seperate have no power , either to make or declare any law ; but , that this is a fit foundation for all tyrannie , i must utterly deny ; indeed if it had been said , that the king , without the two houses of parlament , could make or declare lawes , then there might be some strength in the argument ; but , before this parlament , it was never , so much as pretended , that either or both houses , without the king , could make or declare any law , and certainly his majesty is not the first ( and i hope will not be the last ) king of england , that hath not held himself accomptable to any earthly power ; besides it will be found , that this his majesty's position is most agreeable to all divine and humane lawes ; so far it is , from being destructive to a kingdome , or a foundation for tyrannie . to conclude , i appeale to god , and the world , whether it can be parallel'd by example , or warranted by justice , that any man should be slander'd , yet denyed the sight thereof ; and so far from being permitted to answer , that if he have erred , there is no way left him to acknowledge or mend it : and yet this is the king' 's present condition ; who is , at this time , laid aside ; because he will not consent that the old fundamentall lawes of this land be changed , regall power destroyed , nor , his people submitted , to a new arbitrary tyrannicall government . in page . line . for to be qualified , read so qualified . finis . notes, typically marginal, from the original text notes for div a e- * . . . . of decemb. and . of jan. . by the king and queen, a proclamation for prohibiting seamen from deserting their majesties service england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation for prohibiting seamen from deserting their majesties service england and wales. sovereign ( - : william and mary) william, iii, king of england, - . mary ii, queen of england, - . broadside. printed by charles bill, and thomas newcomb ..., london : mdclxxxix [ ] "given at palace of hampton-court the twenty ninth day of april, , in the first year of our reign." imperfect: creased, with some loss of print; defective harvard university library copy spliced at end. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. proclamations -- great britain. great britain -- history, naval -- stuarts, - . great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king and queen , a proclamation for prohibiting seamen from deserting their majesties service . william r. whereas the king and queen's most excellent majesties have occasion to employ their royal navy for the honour and safety of their majesties realms and dominions , in carrying on a war against the french king ; and whereas by the laws of this realm , every mariner , seaman and soldier receiving press-money to serve the king in any of his ships , and after refusing to serve , or absenting himself at the time and place appointed unto him for his service , doth incur danger and penalty of felony , and is to be punished and forfeit as a felon ; nevertheless his majesty is informed , that several mariners , seamen and soldiers , press'd for his service , and having received press-money , do neglect to repair to , and desert the said service , whereby their majesties ships may be unfurnished , and their service disappointed , to the dishonour of their majesties , and danger of their people , especially in this time , when the french have already invaded their majesties dominions , and are preparing to deprive their subjects of their priviledge of trade and other interests . their majesties therefore in their princely wisdom , foreseeing the inconveniences which may ensue , have thought fit , with the advice of their privy council , to publish their majesties royal proclamation , and do hereby straitly charge and command all mariners , seamen and soldiers , who are or shall hereafter be pressed for their service in any ships or vessels belonging to the said navy , and have received , or shall receive press-money for that purpose , that they duly repair and come to the places , and at the times appointed unto them , and there continue in the service unto which they are or shall be respectively commanded , upon pain of death , and all such other pains , penalties and forfeitures , as by the law can be inflicted or imposed upon them . and for the speédy and effectual prosecution of such offenders , their majesties have thought fit , and do intend forthwith to issue commissions of oyer and terminer , for their legal tryal and punishment according to iustice : and for the better execution of this their royal intention , do hereby charge and command all and singular lieutenants , deputy lieutenants , mayors , sheriffs , iustices of the peace , bailiffs , constables , headboroughs , and other their majesties officers , ministers and subjects whatsoever within this realm , with all care and diligence to make search for , discover , and apprehend all and every person and persons offending as aforesaid , and such as shall be apprehended , forthwith to commit , or cause to be committed to the next goal of the county , city or place where they shall be so apprehended , there to remain until they shall be duly proceeded against , and delivered by course of law. and that the names of the persons so apprehended and committed , be forthwith sent to their majesties , or the privy council , that care may be taken for their speedy prosecution accordingly . given at our palace of hampton-court the twenty ninth day of april , . in the first year of our reign . god save king william and queen mary . london , printed by charles bill , and thomas newcomb , printers to the king and queen's most excellent majesties . mdclxxxix . the fundamental right, safety and liberty of the people (which is radically in themselves, derivatively in the parliament, their substitutes or representatives) briefly asserted. wherein is discovered the great good or harm which may accrue unto the people by parliaments, according to their different temperature and motions. together with some proposals conducing towards an equal and just settlement of the distracted state of this nation. as likewise a touch at some especial properties of a supream good governor or governors. / by isaac penington (junior) esq; the safety of the people is the supream, most natural and most righteous law, being both the most proper end and most adequate rule of government. penington, isaac, - . this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the fundamental right, safety and liberty of the people (which is radically in themselves, derivatively in the parliament, their substitutes or representatives) briefly asserted. wherein is discovered the great good or harm which may accrue unto the people by parliaments, according to their different temperature and motions. together with some proposals conducing towards an equal and just settlement of the distracted state of this nation. as likewise a touch at some especial properties of a supream good governor or governors. / by isaac penington (junior) esq; the safety of the people is the supream, most natural and most righteous law, being both the most proper end and most adequate rule of government. penington, isaac, - . [ ], p. printed by john macock, and are to be sold by giles calvert at the west end of pauls, london : . annotation on thomason copy: "may. th". reproduction of the original in the british library. eng england and wales. -- parliament -- rules and practices -- early works to . great britain -- history -- politics and government -- - -- early works to . a (thomason e _ ). civilwar no the fundamental right, safety and liberty of the people (which is radically in themselves, derivatively in the parliament, their substitutes penington, isaac b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the fundamental right , safety and liberty of the people ( which is radically in themselves , derivatively in the parliament , their substitutes or representatives ) briefly asserted . wherein is discovered the great good or harm which may accrue unto the people by parliaments , according to their different temperature and motions . together with some proposals conducing towards an equal and just settlement of the distracted state of this nation . as likewise a touch at some especial properties of a supream good governor or governors . by isaac penington ( junior ) esq ; the safety of the people is the supream , most natural and most righteous law , being both the most proper end and most adequate rule of government . london , printed by john macock , and are to be sold by giles calvert at the west end of pauls . . to the present parliament of england . the righteous god loveth righteousness , and he alone rightly weigheth , measureth and administreth in judgment and truth . man hath a selfish principle within , which secretly blindeth and draweth him aside in his purest aims and intentions . man knoweth not his own heart , how much he is engaged for himself , what little truth of love , mercy and justice there is in him towards others . every man thinks he minds the publique good and interest , little seeing or suspecting how straitly he is bound up within the narrow compass of himself . every man pretendeth to be just , and very ready to amend the wilful or negligent miscarriages of others : but where are the men , who once attaining to greatness and power , slide not by degrees into the same paths of injustice , which they condemned others for walking in ? man cannot observe his own errors , nor indeed can he bear to hear of them : he loveth himself so well , that he cannot discern that evil which is in himself , nor endure to be told of it by others ; but thinks they deal injuriously with him if they take notice of it , or warn him against it : for it is not evil in him , but an evil eye in them , which makes them look upon it as so . the powers of this world being so apt to err ( and their errors being so like themselves , powerful ) have great need of faithful monitors and plain dealers , but seldom meet with them , and their condition makes them little able to bear them . their condition hath commonly this double bad influence upon them , it maketh them able to do ill , able to do harm ; but unable to bear the sight or representation of them . it blindeth their own eyes , in reference to themselves and their actions ; and maketh them enemies to him who is not equally blinded with them . nor can it be otherwise , man cannot take it well to have others telling him of that evil , which he upon search cannot find in himself ; or to have them still blaming him for that as evil , which he himself accounteth as good . o ye present great ones ( i speak it not in disrespect , but in honor , acknowledging that god , by his providence and dispose of things , hath made you great ) look upon that snare , which hardly ever man , in your condition , avoyded ! consider this poor nation , its great cost , its great danger , your great promises to it , and let its right and liberty be precious in your eyes . consider ( if it be possible ) impartially its right , and lead it into the possession of it . if ye walk in the way of man , ye will come to the end of man : if ye be successors in unrighteousness , ye will end in ruine . ye have an harder peece of self-denyal to practise then yet ye have met with , if ye will be safe . ( your danger is greatest when ye seem most out of danger . ) as there have been hitherto many cries for you , so there are now many cries to you , and cries against you dayly . complaints have seldom been greater , it behoves you to look thorowly that it be without a cause on your part . if the poor fatherless people be destitute of help , and have none to cry to but the righteous one ( being wearied out with crying to man ) it may make him the more regardful of their cries , and the more speedy and strict in exacting an account of your stewardship from you . the fundamental right , liberty and safety of the people is here presented to your view in general with others ( to whom also it appertaineth . ) it concerneth you most particularly to take notice of it , and to use industry and fidelity , answerable to your power and trust , to instate them in it ; which how ever they may abuse , yet they ought to enjoy : and if ye cannot make them happy ▪ yet putting things into their due order according to right , this will be a comfort unto you , that they are only made miserable by themselves : whereas if ye detain their right from them , though with never so good an intent , that will not excuse you at present , nor afford you comfort at the last . ye have expressed a great sense of the injuries which the people have suffered by being deprived of their rights and liberties , and have undertaken to restore them to the possession of them again ; do it in truth . let not jealousies , of what may happen , cause you to turn aside from the direct path of righteousness . put them , as well as ye can , into a way of minding and prosecuting their own good ; but take heed of overthrowing their right and liberty , though from never so great a desire to do them good . i am exceeding-jealous over you , lest ye should unwittingly be deceived by your own hearts , and unawares deceive the people : forgive me this jealousie . it ariseth both from love to you and the people : because my desire is so great , on the one hand , to have the people free and happy ; and on the other hand , to have you the instruments of it . for as my desire was towards those which went before you , while their day lasted , that they might rather have found the way of administring righteousness to others , then of occasioning ruine to themselves : so is my desire now towards you , while your day remains ; and o that ye could see , at least in this your day , the things that concern your peace , and the good of this nation . every thing is bounded , but few things know their bounds ; and so , passing beyond them , both give and receive wounds , which always smart and afflict , be they never so slight ; but if they be very deep , tend to death . kingly power did pass its limits , we may now speak it . doth parliamentary power keep within its limits ? how shall we resolve this fairly and clearly ( resolve it indeed we may in our own judgments and consciences ) when the limits of it are not determined ? and if things should yet devolve lower , into the great and confused body of the people , is it likely they would keep their limits ? o god , how is man entangled ! so far from attaining true , inward , spiritual liberty ; that he cannot reach the shadow , the outward part , the earthly part , the liberty of man ! so far are we from enjoying liberty under any government ; that we can , at best , but groan and pant under it after liberty . man cannot be free in himself , not free from himself ( while self is in him , it will make him selfish , ) and while it is so , others under his power or within his reach cannot be free . o that the time of man were come to an end ; that he who is righteous , and cannot but be righteous , would put unrighteous man out of place , and administer righteousness himself . till then i expect no satisfaction , not only not in spiritual affairs , but not so much as in the government of this world . yet it behoveth you , who are in place and power , to remove as far from your selves , and press on as near towards righteousness , as possibly ye may : for which end , to provoke you somewhat towards it , this ensuing discourse is partly intended by him who exceedingly thirsteth to approve himself an unfeigned servant to the lord of all , to your selves , and to his country , isaac penington ( junior . ) to the sorrowful people of this sick nation . poor people , i pity your condition , and in the midst of my own weights and pressures , have not learned wholly to forget yours . i cannot but bewail your miseries , which it is hard extricating out of . ye have been long tossed in a sea of trouble , and are not yet come to the sight of land . the necessities whereinto ye are cast , cannot but make your burthens heavy : yet this might somewhat ease them , if ye could but once discern the approach of a long expected end . ye are far from attaining your desires , and yet that may not be very ill for you , because ye your selves are so apt to mistake in your desires , not truly understanding what may tend to make you happy . there is no safe retreating , how ever ye may think , and very hard to espy how to go forward comfortably . ye may easily run into confusion and prove workers of your own ruine , but ye know not how to step one step aright towards rest , peace , liberty . if i should tell you , that it were better to lie stil and suffer then seek after a disorderly remedy ( for that is likely still to be worse then the disease ) it cannot but sound very harshly in your ears . man is not very willing to suffer , yea hardly can he be cast into such a condition , but he finds or at least fancies some door of hope , at which he thinks he might escape . it is not often changing either backward or forward , or various kinds of changes , which will administer relief ; but an orderly , a rational change , a change fitly suited to the condition of that which changeth . if ye would move aright , nay so much as desire aright ; ye must come to a true understanding of your condition . do ye understand your selves ? do ye act like men ? or are ye led and driven up and down like brute creatures ? have ye took notice what , this long season , hath been doing among you ? can ye tell me , whence ye came , whither ye are going , where ye now are ? shall i put you in minde ? ye came from slavery , from such bonds and burthens as ye were very weary of . ye are marching towards liberty , thither is your intent to go , into a free state and condition where ye may have cause to complain no more of oppression or burthens . but where are ye ? who knoweth that ? why surely ye are in an entangled estate and condition , wherein ye have lost your way , or at least the sight of it : ye would fain return back or turn aside , but ye have no minde to go forward . thus is it often in cases of this nature ; the wilderness , the way , the passage to canaan ( the land of rest ) is many times so grievous , that egypt , even the land of bondage , seemeth more tolerable . that people was ready to stone moses for leading them into such a perplexed condition , though moses guided them faithfully . i do not compare your leaders with moses ( yet it becometh you to remember , how strangely they were raised up to appear for you , when ye groaned under sharp and heavy pressures ) i do not think them so weighty in the ballance : yet i doubt ye wrong them , when ye weigh them , your ballance not being right , nor you affording them their due allowances . they have met with real difficulties and straits , which hath made their way very uneven and hard to walk in : yea such a continued series of distracting occurrences and affairs may have tended to put them quite out of their way . do ye consider this ? i will tell you what i have much observed : man is very prone to do evil , to be unjust in every state and condition , to bend his trust aside , to neglect seeking and serving those whom he ought to seek and serve , improving that very advantage for the further seeking and serving of himself . this is usually the state of man , look on him where you will you shall finde him in this posture : but he that accuseth is commonly as unjust , if not more , in the accusation , then the other was in the transgression . the common people are most subject to this of any , who receive things by rumors and common reports , without examining or scanning whether things be so or no . this is the common miscarriage between superiors and inferiors : the one doth not govern righteously , the other doth not obey righteously : and yet they are both unjust in their complaints of each other ; the superior complaining in an unjust maner of the inferiors obedience , the inferior complaining in as unjust a maner of the superiors government . if every man could once espy and grow most weary of his own faults , there might be some hope of amendment . this world is a strange mystery of iniquity in the whole course of it , in every piece and parcel of it ; every one being offended with each other , for adulterating in their intentions , motions and actions , and yet the mean while , as deeply , in the very same way , they themselves adulterating . if ye should encline to entertain this as a melancholly apprehension from my pen ( for man is very difficult to hear the sound of ill concerning himself , and ready to throw dirt into the face of him from whom it comes ) look into the scripture , see if that do not speak expresly to the same purpose . particularly into that rom. . . where the words run thus . therefore thou art inexcusable , o man , whosoever thou art that judgest : for wherein thou judgest another , thou condemnest thy self , for thou that judgest dost the same things . when this scripture is opened in that light which penned it , who will be able to stand before it ! what man is it that judgeth not another ? and he that judgeth another thinketh himself free , at least in that respect wherein he judgeth another : but what is said here ? o man , thou that judgest art inexcusable . yes , will man say , such as judg rashly , such as judg unjustly : nay but the words here carry it further , whosoever thou art that judgest . why what ground is there for this ? are not such and such things evil ? doth not the person deserve to be judged for them ? yes , but not by thee , who art guilty with him of the same things , though thou seest it not , and so in judging him thou doft but condemn thy self ; for wherein thou judgest another , thou condemnest thy self . how can that be ? i condemn onely those that do such and such things , but thanks be to god , though i have my failings , yet i am free from those things : i should not think my self worthy to live upon the face of the earth , nay i should think my self fit for nothing but hell if i were guilty of those things mentioned in the latter of the former chapter . thus thou sayst , this is thy testimony concerning thy self : but he who knoweth thee ( he who searcheth the heart and tryeth the reins ) accuseth thee for thy judging , telling thee that in so doing thou condemnest thy self , giving in this as the reason of it , because thou dost the same things : for thou that judgest dost the same things : if he cannot make this good against thee , thou shalt escape . ah poor man , how art thou hid from thy self ! thou knowest not what is written in thine heart ( even all that which is mentioned in the latter end of the foregoing chapter ; ) thou knowest not the way thy heart hath to bring forth these things ; thou dost not know how or when thou dost them . when thy heart shall be opened by him who knoweth it , and these things plainly discovered to have been in thee , and drawn forth into act by thee ; when both the root and the fruit shall be made as manifest as the day , what wilt thou say ! surely then o man , thou who hast been so confident and abundant in clearing thy self and accusing others , wilt grow speechless , and sink under thy treble condemnation , first for being and doing evil , then for justifying thy self , and lastly for condemning others . i must contract my self in what remains . dear country-men , if i were able to speak a word in season , i would commend a little advice to you , but my condition maketh me unwilling to do it , yet your condition overswayeth me again , and extorteth it from me . it may perhaps , where it taketh root and springeth up , tend towards the setling of some spirits , and towards a sweet and orderly guiding of them in publique acting . for clearness sake , i shall branch it into a few heads . . apply your selves to be sensible what true freedom is , wherein it lies , and of what value it is . it is of more worth then your estates , yea then your lives ; and therefore deserves to be higher prized . it consists not in licentiousness , to do what ye will , nor in having no taxes layd upon you ( this may be necessary for your safety ) but in these four things . first , in having good laws , suited to your state and condition . secondly , in a good method of government , whereby ye may come to enjoy the benefit of all those laws , and whereby your remedies of redress may be easie and cheap , not so hard to be come at , nor so costly , as commonly they are . thirdly , in having a good governor or governors , who may faithfully oversee the execution of these laws according to this method . fourthly , in having a setled way of parliaments , to amend , alter or add to in any kinde ( as need shall require ) these laws , this method of government , these governors . and , which i might name of fifth , to have such a clear way , for these parliaments to proceed in , as they might not easily miss : for otherwise , if the way be not very plain , such a body of the common sort , who are not supposed either to be very skilful or experienced in government , are likely to do a great deal more hurt then good . . be not weary of the pursuit after liberty , because of the many difficulties and expences which it occasions . vndergo the pains of cure . what charge will a man be at , in a suit of law , to recover a peece of estate ? is it not worth more to recover the liberty of a man ? the nations of the earth have still layn under slavery , have not ye your selves felt it ? would ye not creep out , and do ye think to creep out with ease ? the very casting of so great a burthen will make the earth shake under you : besides the opposition of such who finde advantage by riding upon your backs will heighten the difficulty of it . if ye will be cured of your sickness by physique , ye must suffer that sickness which comes with physique . o do not run into slavery to avoyd a few present burthens , but pursue your freedom , what ever it cost you . if ever ye come to enjoy it , ye will not think much of what ye have layd out for the purchase of it . . eye not man , no not in those things wherein he appears as the main agent . consider who it is that doth all , especially in such great changes . it is not the wit of man , the will of man , which manageth these things , but one above man . he speaketh peace and settlement to a nation , and who then can speak trouble or disturbance ? he also stirreth the mud in a nation , and who then can settle it ? he throweth down the mighty from their seat , exalting them of low degree ; and he doth not give liberty to man to finde fault with him either for throwing down the mighty because he liked them , or for setting up them of low degree because he disliketh them . read and consider that place psal. . . ( and shew in practice , as well as in profession , that ye reverence scripture ) god is the judg , he putteth down one , and setteth up another . take heed what ye do : if ye had only man to deal with , ye might make your party good ; but it is hard kicking against the pricks . it may be his design at present ( whose counsel shall stand , and who will fulfil all his pleasure ) as it was once concerning nebuchadnezzar , to make you also sensible , that the most high ruleth among the children of men , disposing of kingdoms , powers and governments , as and to whom he pleaseth . . expect not help or satisfaction from man . man hath no worth in him , and for this end may he be made use of , by god , to shew how vile and empty he is , how unable and unfit to produce any thing of value . truly i have often thought , that the powers and governments of this world are intended , rather to make us weary of them , then to yeeld us satisfaction in them . this whole creation is a meer peece of vanity , and ( in all the changes of it ) can yeeld but vanity : what do ye mean to raise such expectations , concerning any thing or from any thing in it ? it may be the intent of god to discover to you ( by multiplyed sense and experience ) that man cannot help you : while your expectations are from man , or upon this or that change , ye are far from learning this lesson . i know means are appointed and made use of by god in the producing of effects , but sometimes he withers them , to divert our eyes from them , and to make us feel what empty , barren , imperfect things they are . while ye cry out so much against any means or instruments , on the one hand , or so much magnifie any , on the other hand ( as every one almost doth according to his different esteem of them ) ye cannot so fully be taken up with observing the principal agent . if god intend himself to bestow what ye desire upon you , he may hold his hand while ye expect it from man : if god intend at last to put forth an excellent peece of strength and wisdom for your rescue , he may defer till he hath tired out yours : and if that should be his intention , ye are out of the way while your expectation is fastened elsewhere . . and lastly ; groan and pant , unto him who is skilful to save , after your own deliverance and after the deliverance of his people . he who wanteth deliverance , and knoweth not where to obtain it ; what is more proper for him , then to groan and pant after it ? the whole creation is continually in a condition of groaning and travelling after deliverance , not of enjoying it . bear a part with the creation , as ye are a part of it ; yea the higher your extremities grow , the greater let your groans be . be content with your travelling pangs , which is the common track and rode unto bringing forth . and groan likewise for the liberty of the sons of god : for what do ye know but your liberty may spring up with theirs ? israel is in bonds , the lord hath smitten him , the lord hath hid his face from him ( yea the lord hath made him a reproach and by-word among all the heathen ) and while he frowns upon him , he knows not how to smile upon any else . the people of god have ever had hard usage in this world , and particularly in this nation . can ye expect that god , who disposeth of all things , should be forward to give you your liberti●s , while ye are not willing they should enjoy theirs ? can they submit to the laws , ordinances and constitutions of man concerning their god , while an higher light is set up in them ? no they cannot , though they were in the dark . if ye can be content and desire to do so , do so quietly , live your selves in egypt if ye like it ( and ye may better do it , for it will not be a land of bondage to you ) but let my people go that they may serve me , said god , concerning his people , when alass they knew not how to serve him . this is a ticklish point , and of more consequence to the welfare of nations then they are aware of . therefore if ye love your selves , your own peace , 〈◊〉 own liberties , your own happiness , beware of this ; take heed of enthralling them in spiritual things , who were never in that respect ( but only in outward , in things common to man ) put under your yoke . but , in stead thereof , wish after their liberty : and though ye cannot heartily desire it in respect to them , yet do it in reference to the enjoyment of your own your selves , because , for ought ye know , yours may lie wrapped up in it . all this have i spoken unto you , not from any design in me in reference to any thing or person : but truly and faithfully from my very heart commending unto you , what to me ( in this my state of weakness ) appears best for you . which having done , i now take my leave of you , wishing you the best benefit this can afford , or rather the full fruition of that which this doth but weakly and imperfectly drive at , viz. the quietest enjoyment of your selves in your present condition , and the safest and swiftest passage to a better . this is the heart of him towards you , who earnestly desireth to be yours in true love and faithful service , isaac penington ( junior . ) the right , liberty and safety of the people briefly asserted . the right , liberty and safety of the people lieth chiefly in these three things ; in the choyce of their government and governors , in the establishment of that government and those governors which they shall chuse , and in the alteration of either as they find cause . this belongs to every people ( though few , if any , are in possession of it , ) and that people , which enjoyeth these , enjoyeth its right , is indeed free and safe while it so remaineth . . the right , liberty and safety of the people consists in the choyce of their government and governors . it is their right : for in civil societies nature hath not cut out the body into form and shape , but hath left it to be done by the will and wisdom of man , having imprinted in him a sense of and desire after the enjoyment of justice , order , love , peace ( and whatsoever else is good and profitable for him ) both particularly in himself and in common with others ; which desire throughly kindled in man , and guided by the true light of reason , will lead man to chuse that which is properly good both for himself and others . and though man may possibly or probably abuse this , yet that is no sufficient ground for depriving him of his right . their liberty lies in it too . they only are a free people who have their government of their own choyce . such upon whom others do intrude , or upon whom other laws or regents are imposed then what themselves judg meet and necessary , and besides that which they themselves voluntarily and by free consent submit unto for their good and welfare , are so far under slavery and such a miserable subjection as nature never appointed them unto . their safety likewise lies in it : for to be sure they will chuse nothing but what in probability will conduce to their own good and happiness ; whereas others , making laws for them , or setting governors over them , may respect their own particular benefit and advantage , and not so much the good of the people , which is the main end why laws , governments and governors are appointed , and to which they should in a direct line be guided . and upon this ground i conceive it very requisite , that men who are chosen to sit in parliament to make or alter laws , to set up or alter governments or governors for and in behalf of the people , should , as soon as any , lie open to the force of all the laws they make , or of any thing they do in that kind ; that no law they make should take effect till they be dissolved , and come to lie as liable to it as any , otherwise they will not be sensible enough of the peoples condition , and consequently not fit to stand in their stead , or to act for them in cases that concern them so nearly . the greatest security the people have concerning their parliaments is that they chuse persons whose condition will keep them from injurying them , for if they prejudice them they prejudice themselves , if they neglect their good they neglect their own good : this security is good while the people chuse them that are of their own rank , and while these make no laws for them which shall have any life or vertue to do good or hurt till they come also to be exposed to them , but otherwise it is very invalid , if not wholly lost . they who are to govern by laws should have little or no hand in making the laws they are to govern by : for man respects himself in what he does ; ( the governor will respect himself , his own ease , advantage and honour in government , and lay loads upon the people , but make his own burthen light : ) therefore things should be so o●dered , in the behalf and for the security of the people , that such as are chosen and appointed to act in this kind should lay no load upon the people , but what their own backs may come as soon and as fully , in their degree and station , to bear , as any of the peoples . . the right , liberty and safety of the people consists in the establishment of their government and governors . as they have right to chuse , so they have right to confirm what they chuse , to establish that government and such kind of governors as they judg or find most convenient and necessary for them . without this the people can be neither free nor safe no more then without the other , nay without this their right to chuse would be to little purpose , the end of choyce in things of this nature being for the duration of its appointed season . . their right , liberty and safety lieth also in enjoying and exercising ( as need requires ) the power of altering their government or governors : that when they find either burdensom or inconvenient they may lay it aside , and place what else they shall judg lighter , fitter or better in the stead of it . nature still teacheth every thing , as it groweth , to reach further and further towards perfection . no man is bound to that which he chuseth or establisheth further then he findeth it suitable to the end for which he chose and established it : now several states and conditions of things and persons changing , there must of necessity be an answerable change in laws , orders , governments or governors also , or man will be instrumental to introduce slavery , misery and tyranny upon himself , which nature teacheth every thing both to abhor , and as much as may be to avoyd . it is the desire of most men both in reference to church and state ( as men commonly speak ) to have laws and ordinances , after the manner of the medes and persians , which cannot be altered : i cannot but approve the desire , since it is written in mans nature . it is natural to man , and a stamp of the divine image upon him , to press after unchangeableness both in himself and in the things which appertain unto him : but yet it is not suitable to his present condition which will in no wise admit of it , because it is continually subject to change and alteration : and as it still changeth , so do his needs and desires , as also his experience and wisdom , and so must the laws and orders which he prescribes to himself and others , or he will be grievously cruel to himself and others . ages have their growth as well as particular persons , and must change their garments , their customs , their courses , &c. for those which are still suitable to their present state and growth . laws are but temporary ; and as they are founded upon reason , so they are no longer to last then the reason of them lasteth , to which they ought to give place , and admit of such a succession as it appoints . only herein hath nature provided well for the people , if they could fairly come to their right , and had wisdom to use it ( which sense and experience is continually instructing them how to do ) in that she doth allot them to make and alter their own clothes , to shape out their own burdens , to form , renew or alter that yoke of government which is most necessary and convenient for their necks . all this , or any part of this ( either the chusing , establishing or altering governments , laws or governors ) the people cannot do in a body ; an whole nation is too unweildy to act together themselves : therefore nature hath taught them to do it by substitutes , whom they themselves chuse to stand in their stead to do any of these things for them as their present condition and need requires , which body of persons is with us called a parliament , who are picked out by the whole to be the representative of the whole , to do that for the whole which they would have to be done , and would do themselves if they were a body in a capacity to act . and from this first rise of things may best be discovered the nature , ends , proper use and limits of parliaments , all which are necessary to be known , both that they may move according to their nature , pursue their ends , be rightly used , keep within their compass , and that the people may clearly discern that they so do , whereby they will come to rest satisfied in their proceedings , and in their expectations of good thereby . we see here of what kind of persons the parliament is to consist , viz. of the common people , that they may be fit to represent their burdens and desires . we see here of what use and for what end they are , viz. to relieve the people , to redress any occasion of grief or burden to them , to make laws , alter laws , set laws in a due way of administration , set up or alter governments and governors , dispose of every thing in such a way as the people may freely enjoy their rights in peace and safety . we see also their bounds in general , viz. the exercising the power of the people in such ways as were proper for the people to exercise it in were they capable of joynt and orderly acting . we see likewise their nature or constitution , what they are . they are the elective power , the constitvtive power , the alterative power . what lies confused and unuseful in the people is treasured up in them in order , and in a fitting way for use . is there a government wanting ? the people cannot orderly or wisely debate or chuse that which is likely to be most commodious and safe . are there any laws wanting ? the people cannot well set about making laws . are there any laws , customs , or encroachments burdensom ? the people cannot rightly scan how far they are so , or proceed to a regular alteration of them . so that the whole right , freedom , welfare and safety of the people consists in parliaments rightly and duly called , constituted and ordered towards acting faithfully in the discharge of the trust reposed in them . yea lastly , here we may see in a direct line the proper course and way of parliaments , which speaks out it self , and would easily be discerned by us , if our eyes were kept fixed here , and not entangled with other intermixtures , which are apt to seize upon every thing , and interweave with every thing , hardly any thing keeping its own pure nature or proper current . take it thus , ( with a little kind of circuit for the better illustration of it , yet very briefly . ) all governments ( though intended for and directed towards common good ) are still declining and contracting private , selfish and corrupt interests , whereby the people come to feel burdens under them , and find want of fences to guard them from the insolencies and assaults of such as are above them , which are very usual every where , for every man ( i think i need not add , almost ) though he be unwilling to have any tyrannize over him , yet he is too prone to tyrannize over such as are under him . who would not , when he feels oppression , if he were able , thrust the oppressor out of his seat ? and yet who sees how ready he himself would be , so soon as he hath done it , to seat himself in the same throne of oppression ; and that he will as certainly do the one as the other , if he be not hindered by outwards force , or ( which is better ) by an inward principle ? indeed man can by no means come to see this concerning himself , but the people still come too soon to feel it . now the people , who wear their government , finding by experience where it sitteth easie or pincheth , what present loads they groan most under , what future fences they stand in need of to shelter them from the injurious assaults of powers above them ; accordingly chuse persons , who lie under the same sense with them , to represent , consult about , and redress these their grievances , by punishing offenders for misdemeanors past , by opening the course of law for time to come , as also by adding thereto , or detracting therefrom , as the condition and need of the people requires , &c. these persons thus chosen are to come with the sense and desires of the particular counties , cities or boroughs for which they serve , mutually to represent these , and to consult together how all burthens may be taken off , and all desires satisfied in such a way as may stand with the good of the whole . after full debate had how these things may be done , to come to an agreement of full setling them accordingly in the firmest way that can be , which having done to dissolve , and leave the people experimentally to try and reap the benefit of their care , pains and fidelity , and to return immediately into their former condition , to lie with them sensibly again under the benefit or inconvenience of what they have done . and this to be done with as much speed , as the motion of such a kind of body , in affairs so weighty , can permit ; that if they chance to fail in effecting what is desired and expected from them , the people may quiet themselves with the expectation of another remedy in its season approaching . the reason why parliaments should with all possible speed dispatch their work , is for avoyding of that corruption which standing pools are subject to , and which is most dangerous in them ; for what shall rectifie the last remedy , if that be out of order , and grow so corrupt , that it hath more need of a physician it self , then to act the part of a physician ? all things by degrees gather corruption , the governing power by degrees declineth from its first purity , and so also doth the rectifying and reforming power , its deviation is as easie as the others , and of far greater consequence ; more destructive , less curable . therefore better were it for parliaments to leave part of their work undone , then to sit so long as to contract corruption : it is better to want somewhat of the full application of a remedy , then to have it poysoned . but of this more by and by under a distinct head by it self . now the whole right , liberty , welfare and safety of the people consisting in parliaments ; the right constitution and orderly motion of them is of the greatest consequence that can be , there being so much embarqued in this vessel , where , if it miscarry , it is irreparably lost , unless it can be recovered again out of the sea of confusion . wherefore it becometh every one ( both in reference to himself and the whole ) to contribute his utmost towards the right steering of this vessel , towards the preserving of it pure both in its state and motions , lest both the good and welfare of the whole and of every particular miscarry , for want of due care and observation . towards which work , the further to incite and provoke others , i cast in this present offering , making mention of those dangers which lie open to my eye in reference to parliaments , whereby the true and genuine fruit of them may either be hindered from growth , or come to be corrupted , whereby the people at least cannot but miss of the proper use and benefit , which it ought to reap from them . there are , in reference to parliaments , six cases or considerations , evident to me , whereby the hazard of the people may be very great , which i shall set down distinctly that they may be the better taken notice of , weighed and judged . . want of parliaments . parliaments are the proper remedy to relieve the grieved people from their burdens and oppressions ; from any kind or the several kinds of oppressions that may befall them ; from the oppressions of any government , any governors , any laws , any incroachments &c. ( for by several ways , means and instruments the people may be oppressed ) now if parliaments be wanting , that is to say , be not duly called according to the need of the people ( it being their proper engine whereby alone they can duly , orderly and safely act ) their right , liberty and safety is much hazarded , and they obnoxious to lie under the burden of oppression without remedy . if diseases grow , and a due course of physique be not to be had , the body cannot but suffer damage and hazard . there are two things essentially necessary to the health and well-being of a nation , as well as of other bodies both natural and politique , which are , the cutting off of exuberances , and the supplying of defects , both which in the principal and most weighty part of them , are peculiar to parliaments ; so that where there is want of them , the radical life and vertue of the people must needs be obstructed , languish and decay . this is a very ill disease , how ever those who never knew or experimented the sweetness of enjoying their right and liberty , may not be considerably sensible of it . . want of fair elections , as thus , if the people be by any means drawn from minding their own good , from bending themselves to chuse persons who may be fit to act for them . how easily may parl●aments warp aside from easing and relieving the people unto further burthening and grieving of them , if such persons be chosen to appear in their behalf , who are friends to their oppressors , and have a particular advantage of sharing with them in the benefit of that which is the burden and cause of grief to the people ? and here is a great danger the people are very obnoxious to : their burdens commonly arise from the miscarriage of the still present governors , and these governors cannot but have great advantages , by their power over them , to have an influence upon their choyce . therefore if the people be not so much the more wary , that which was intended for their greatest relief may turn to their greatest prejudice . o how miserable is man , whose remedies against multitudes of dangers are so few , and even those few all along so subject to miscarry ! a parliament may be prevented , that it may not be to be had when there is most need of it : a parliament may be corrupt before it hath a being , it may be so ill constituted in respect of the materials of it , that it may be a fitter engine of slavery and misery then of freedom and happiness to a poor enthralled people . and yet this is not all the danger that parliaments are exposed unto , as also the people , in relation to that good they hope for by parliaments . . short continuance of parliaments . suppose the people have parliaments , have a fair and free choyce without being over-powered therein , or swayed aside ; nay suppose yet more , that they chuse well for themselves ; yet the power they are to deal with may overbear them , and ( if they cannot bend them aside ) enforce their dissolution . and hereby the people must needs be deprived of reaping that good they desired and hoped for by their endeavors . parliaments are great bodies , and consequently flow in motion , which is their proper pace and advantage , for they can hardly do any thing well but what they do slowly ; for motions that require swiftness nature hath cut out other kind of bodies . again , parliaments are to act very warily , ( as the things they are to do , are of great concernment , and require much circumspection and consideration , ) and therefore in both these respects must have time convenient to act accurately in the discharge of so great a trust , and in the managing of so weighty affairs , which if it be not answerably allotted them , they must of necessity be defective in . . want of power to parliaments . parliaments have a difficult piece of work , viz. to chastise the greatest oppressors , and to strike at the very root and foundation of oppression in any kind , and unless they have power answerable they cannot possibly go through with it . oppositions and interruptions from other powers they must expect to meet with , which if they be not able to graple with and overcome , they cannot exercise the full right and liberty of the people , either in punishing offenders against the people , or in chusing , establishing or altering governments , laws or governors for the people . this must necessarily much hinder , if not put a stop to their work : for if any fall short of those means which are proper to an end , they cannot possibly attain that end : if the hand which imposeth and would keep burthens upon the back , be stronger then that which would remove them ; if the hand which would supply defects , be weaker then that which stands in its way to stop it in its course , vain and fruitless will all its endeavors be . ( the power that relieveth from oppression must of necessity be greater then the power that oppresseth . ) and this was the condition of this present parliament , there was visibly such a power over them as they could do nothing to purpose for the good of the people ; this doubtless they had great reason to strive to get loose from , and the people had great reason to stick to them in it , as also to expect from them their own freedom after they were made free , the freedom of the people being the end ( theirs but the means , ) and therefore most to be eyed . 't is to no purpose at all to have never so free a parliament , unless we have also a people put into the possession of their freedoms by the parliament . . over-long-duration of parliaments . this was glanced at before , but yet it will be requisite to consider of it further , because after those many changes which of late we have been much driven and necessitated into , we may at present lie more open to the ill influence of this , then of any of the former : and it should be the especial wisdom and care of man to take most heed of that danger which he lieth most open to . every thing hath its appointed seasons , bounds and proper way of operation , within which it is very beautiful and profitable , but beyond it very uncomely and dangerous . parliaments , in their season , may bring forth a most sweet and excellent kind of fruit , which may vigorously refresh the spirits , and recover the decaying liberties of a dying nation ; but continuing longer then its season , the root it self may easily grow corrupt , and the fruit prove sowre , harsh , and deadly , yea may tend to a more bitter death then it was ordained to prevent . many dangers parliaments are exposed to by long continuance , whereby their nature and constitution may be depraved , or they induced to act after a different nature , or in other ways then is proper for them , or good for the people . those dangers which more principally in this respect represent themselves to my eye , i shall here make mention of . . parliaments , by long continuance , will be subject to fall into factions , which is the foundation of so many breaches and divisions in the whole , upon which they cannot but have an influence to conform them unto themselves , the eye of the people being still upon the fountain-head . we have had sufficient experience to evidence the truth of this , for still as the parliament hath been divided , there have also been divisions throughout the whole nation . persons who act joyntly and uniformly at first , ( having one and the same sense upon their spirits , one and the same end in their eye , one and the same desire in their hearts ) may in process of time lose this sense , this desire , this end , and be drawn aside to another sense , desire , end , and differ also in their new choyce , which may insensibly creep in upon them ; and according to this difference , there will ensue a division among them both in their motions and actions . now how dangerous this is to have a breach in the root , to have a seed of division in the heart , working there , springing forth from thence , and diffusing it self throughout the whole body , i think it will be needless to express . . parliament men , by the long continuance of a parliament , will be exposed to the temptation of seeking themselves , of minding and prosecuting their several particular ends and interests . a parliament man , as he is chosen to be , so he should set himself to be a publique person , as it were forgetting himself , and giving up himself to be taken up only with the publique good , for the season of this work . this a good patriot may find somewhat easie to do for a while , but if the parliament last long , self which is very strong in him , and may challenge a right to be looked after , will revive its right , pleading both reason and necessity in its own behalf . that man , that could be content to lay all aside , and bend himself wholly for the publique for a short time , cannot hold out in doing so , but will be enforced to look after himself , his own affairs , his own profit and thriving in the world , &c. and when he comes to manage these and the other together , it will be very difficult for him to avoyd making use of that advantage , which both his power and the long continuance of it affords him , towards his own particular benefit . and self , having thus crept in , will grow more and more upon him , and will be continually , secretly and subtilly drawing him more and more towards himself , and more and more from the publique : and killing those affections in him ( which are too apt of themselves to do ) which were very lively at first for the publique , and consequently much unfit him for his work . . parliaments by long continuance are in danger of contracting a particular interest ( an interest distinct from that interest which they have as a part of and in common with the people ) in the publique government . every man hath an allowable interest in common with the whole , so that if it goeth well with the whole , every one shares in it : this is a good , a profitable interest , no way prejudicial to any else . but then there is a particular interest , whereby it may go well with some , though ill with the generality ; nay the welfare of some may arise out of the incommodity of the generality ; that wind which bloweth ill upon the publique , may blow profit to some . this interest all powers do readily contract to themselves , partly by their own strength , and partly by their advantage to winde into other powers , the greater still bringing the less into subjection , which must be at its command and use , or be broken by it . this snare which other powers by their continuation are still running into , the parliament is to redeem and purge them from ; but to take heed lest their own continuance should be so long , as to bring them into the same snare ; which may both unfit them for their proper work , which is to be judges on the behalf of the commonwealth , which how can they truly execute , who have a particular interest and share of their own ( besides that which they have in common with the people ) in the present government , whom as it favours , so they must again favour it ? as also it may engage them in an improper work , viz. in becoming administrators in the present government , which is no way proper for such as are appointed to be the judges of administrators and administrations . a parliament have an interest in the government with the rest of the people , yea a right and power conferred upon them by the people to order , settle , amend , or ( if need be ) new-make the government for themselves and the people ; but not to meddle with the administration of it , or to endeavor to bend it aside , in the administration of it , for any particular end or advantage of their own ; which their power may easily do , and which their over-long-duration may too much intice them to assay to do . . parliaments , by long continuance , may incur the danger of interrupting , if not of swallowing up the ordinary course of the peoples enjoying their right in obtaining speedy , free and impartial justice by the administration and execution of the laws . the greater doth commonly weaken , if not devour the less . extraordinary remedies are apt to thrust into the place of the ordinary , especially when by long duration they may seem to challenge to themselves the right of becoming ordinary . . ( which is worst of all ) parliaments , by over-long-duration , may slip into danger of depriving the people of the proper use and benefit of parliaments . the proper use of parliaments is to be a curb to the extravagancy of power , of the highest standing power : but if they themselves become the standing power , how can they be a fit curb for it ? a parliament is to be such a body as may have the sense of the people upon them , that so they may be led by that sense to ease , relieve and safeguard the people : but if once they become governors , they will lose that sense , and have a sense of a different nature upon them : they will ( like other governors ) have a sense of the duty of the people which they owe to their governors , but lose ( by degrees , still more and more ) their sense of the burthens and grievances of the people . so that if parliaments succeed in the place of the supream-administring-power , there will be as much need of somewhat else to stand between the people and them , as there was of them to stand between the people and kingly power : for they coming into that place and authority , the people are in as much danger of them , as they were of the power of kings : for it is not the person simply , but the power , wherein the danger or benefit lieth . and this doubtless is the right and liberty of the people , and herein lieth their safety , viz. to have an extraordinary , legislative , alterative , corrective power above the ordinary standing power ; and this power , as to consist of the body of the people , so likewise to be kept altogether free from having any particular hand in government , ( but to keep within the bounds of their own extraordinary work , which is not so much in as about government , ) that so they may both have and retain the sense of the people , being engaged by their state and condition to do nothing which may prejudice the people , because in case they do , they themselves will suddenly feel the smart of it . . the last danger , which i shall at this time mention in reference to parliaments , is this . the assuming a power of a different nature from them , not proper to them ; and intermedling with a work which they are not fitted for , entrusted with , or appointed to . powers , like other things ( and somewhat more advantagiously then other things , having stronger hands ) are still gathering in to themselves . the rich man will be gathering riches , the wise man will be gathering wisdom , and the powerful man will be gathering power : and in attracting to himself ( especially where he is the sole judg ) it is very difficult for him to be moderate or innocent . he who hath a right power in some things , it is hard for him to keep there , and not to seek after and lay hold on , if he can , that power which he ought not to have , and in those other kind of things wherein he ought not to have power . that a parliament , as well as other powers , is subject to this temptation , cannot be denyed . this is dangerous every where . ( to have things endowed with a different , if not contrary nature , to have things employed about a different , if not a contrary work to neglect their own work for which they are fit , to which they are appointed , and execute another work for which they are not fit , to which they are not appointed ; this , let it be never so carefully and faithfully managed , must needs bring disorder , confusion , nay greater inconveniences . ) but the greater the power is , the greater is the danger : because as the greatest power may do most good in its own way , so it may do most harm in a wrong way . powers that are great , bring forth great effects either of peace or trouble , order or confusion , salvation or destruction . no remedy so soveraign , so restorative as a parliament rightly constituted , rightly applyed , and rightly acting : no disease more deadly , more consuming the very heart-life of the rights and liberties of a nation , then a parliament misconstituted , misapplyed , misacting . but every one here will be ready to say , what is that power which is proper to parliaments ? what is their proper work ? what is that power of a different nature , which will be so dangerous for them to assume ? and what is that work , which they are not fitted for , entrusted with , or appointed to ? to satisfie the desire of such as may greedily enquire after this , i shall answer somewhat , according to that insight which is afforded me into the nature of things , shewing ( from the principles foregoing ) both what their proper power and work is , and then what power and work is improper for them . and it is a clearer and far safer way , to search out and discover things from their first rise in nature , then from succeeding principles or practises , which may easily decline awry and cover the true knowledg and intent of things . now concerning their proper power and work , i shall not undertake to define the particular limits of it , it will suffice to my purpose , to express the general nature of it , which to me appeareth thus . it is a natvral ( humane or civil ) extraordinary , constitvtive , corrective , alterative power . i shall speak chiefly of their power , which will of it self discover their work , therefore that will not need so particularly to be opened . first , i say it is natvral : such a power as is sown in man , in the nature of man . man hath a power over himself , to dispose of himself , according to that wisdom and righteousness which is seated in him , grows up with him ( if it be not blasted or kept under , ) which he further attains to , or is in a further degree bestowed upon him . of this common kinde is this , with all other earthly powers . but this expresseth onely the kinde of it , we are yet far from the particular nature , end , or use of it . therefore to describe it further , i term it extraordinary , which it discovers it self to be , being a thing not for common and constant use , but for extraordinary ends and purposes ; and the nature of things must be suited to their end , for thither it is to direct them . then more particularly there is expressed what kinde of extraordinary power it is , namely , constitvtive , corrective , alterative : it is a power of seting up or establishing laws , governments , governors ; of correcting them , of altering them . this is the nature of their power , which pointeth out their work so plainly , as it will not need more particularly to be specified in this place . now by this there are two sorts of power cut off from them , one whole kinde of power , and one main branch of another kinde . . spiritual power , which claimeth its descent from christ as the head of his church , and is appropriated by its nature , end and use , unto his body the church , which is his city or kingdom , to be governed by him , even by that power of his spirit which he pleaseth to exercise upon them , whether immediately by himself , or mediately by such as he substituteth under him . this power , as it is spiritual , so it is fit to be managed onely by spiritual hands : not by men , but by christians ; nor by every christian , but by such onely as can clear the derivacy of it from christ to them , such as are fitted and appointed by him to be under him in his own seat and place of government . nor are christians to exercise this government over other men , but onely over christians , whom alone it is suited to . nor are they to govern as men ; by outward force ; but as christians , by spiritual vertue and efficacy upon the conscience , the seat of christ in man , so that it may appear that not they , but the spirit of christ , the spirit in christ , doth rule and govern . o how sweet would this government be ! how pleasant to a christian the strictest execution of the sharpest laws in it ! christs yoke is easie , and his burthen is light , even in the sharpest and weightiest part of it . but this power belongeth not to any nation or people under heaven , there being not any nation or people which can evidence the fair and clear derivacy of this power from christ to them : ( as it was not intended for any nation or people , save onely his own nation , his own people . ) therefore not to any parliament , who are but the people in a representative body , in a body contracted into a narrower compass for the use and service of the people ; who as they stand in their stead , so they have onely their power . the people being the stock or root from whence their power and authority doth spring , it can rise no higher , not be of any other nature , then that which is in the people . . in civil power , the administrative or governing part of it appeareth from hence not to appertain to them . in civil societies , as well as in natural , nature hath cut out the proportion ( in general , though not in particular . ) there is the head and the members , having each their several innate properties , motions , laws and priviledges , which cannot be transgressed without violence to nature , or without danger to that body or society which breaketh the bounds limited by nature . in every society which is orderly , there is the head and the members , part to govern , and part to be governed ; to each of which appertain their particular rights : to the one such as they may be advantaged for and in government by , to the other such as they may be advantaged under government by ; that the yoke may be gently , orderly , and sweetly managed by the one , and sweetly born by the other . now this is most evident , that the people are the body , the people are to be governed ; not to be the head , not to govern . the legislative power indeed belongs to them , that their yoke might be the more easie : but the administrative power doth in no wise belong to them , but to those who are to govern . and though the people might be flattered and encouraged , from sense of the misuse of this power , to take it into their own hands , yet it can never thrive there : and though they should set themselves to rest content , nay to please themselves with it ; yet you must needs grow weary of it , and that very quickly , the inconveniences will multiply so fast , and grow so unavoydable . parliaments are the body of the people , chosen by the people to stand for them , to represent them , to act in their stead : answerably , they have that power which is proper to the people , the legislative , the supremely-judicative ; but not that power which belongs not to the people , viz. the administrative . in like maner this discovers a double kinde of work improper for them . the one is , medling with spiritual affairs . the constituting of these , the amending of these , the altering of these is onely proper to such as are invested with spiritual power and authority . the laws of christ were never appointed to be set up by the power of man , but by the power of his spirit in the conscience . it is accounted profane , and much startled at , to touch that which man hath made holy , which man hath separated and consecrated to divine use ; and yet how propense are , almost all persons , to be laying hands on that , which god hath made holy and set a part for himself ! how sad an effect we have seen and felt from undertakings in this kinde , cannot but be fresh in our memories ; what a sad breach and disunion it hath occasioned throughout the whole nation , and particularly in the parliament . nor can i conceive readily , how it could be otherwise ; the closest bond of union mistaken and misapplyed must needs become the greatest instrument of division ( to let pass gods interest to blast men , when they will be venturing upon that work which he hath not appointed them unto , but reserved for himself . ) the wound thus made may prove incurable . men differing in their judgments , and consequently in their desires ; differing in the apprehension of their duties ; their motions and endevors must needs run cross and become irreconcilable , while the foundation of this difference remains . while a man is strongly perswaded , that this or this is the way and will of god , that it is his duty to use the utmost of his abilities , opportunies and advantages for the promoting of it , that this is the main end for which power is put into his hands , the chief thing god expects from him , and will call him to a very strict account about the improving of all his power and interest unto the advancing of this ; i say while things stand thus , how can he with the quiet of his conscience neglect acting accordingly ? the presbyterian is now engaged indissolubly , to use his utmost strength and endevor towards the advancing of presbytery , which is gods instituted way of worship in his eye ; and so the independent of independency , which is christ institution in his eye . now having tasted so much of this , and smarted so much by this , men should be very wary of intermedling in things of this nature , further then their ground is clear . the other is , the taking upon them the administration of government , or intermixing with the administration of government . this is the most pernicious thing to a parliament that can be , for it both diverteth them from their own work , and out of their own way , into one of another nature ; and so thrusteth them into a necessity of doing disservice , and into an incapacity of doing service . this may make useless , nay may make burthensom , the best constituted parliament . suppose a parliament of never such entirehearted-honest-men , most studiously bent and applying themselves to publique service ; yet if they be over-full of another kind of business then their own , or intermix another kinde of business with their own , they can neither well dispatch that other kinde of business which they are so over-full of , or which they so intermix ; nor ther own neither . and it is the ready way to turn the hearts of the people from parliaments : for finding things go so grievously amiss ( as by this means they needs must , ) and in the hands too of such men , as they can hardly hope for better , they will begin to look on a parliament no longer as a remedy , but as a worse disease , then that which they addressed themselves to it for cure of . o consider your snare , ye who are in danger of it ! how prone was the administrative power to intrench upon the bounds of the legislative , and how afflictive did it become thereby ! is not the legislative power as prone to intrench upon the administrative ? and in so doing , is it not likely to prove as afflictive ? look into nature , see if ever this kinde of body was cut out , fitted or appointed by it to govern . it hath not a fit form or shape for it ; it is unweildy for such a kinde of motion . again , look into the tenor of your call and trust : were ye ever entrusted herewith by the people ? is it , or ever was it , the minde of the people ? did they chuse you for this end ? have ye a commission from them , i mean not formally , but so much as vertually , intentionally ? they called you to rectifie government , that is clear enough ; but did they call you to govern ? o remember , remember , when any such motions arise in you , when any such temptations beset you ; ye are not fitted to it by nature : your motion is slow , but the work and way of government requires speed and swiftness ; and if ye should from a desire , from an apprehension of advantage , from sense of present need , or any other never so good an intent , alter your own slow pace and strive to act swiftly ; it will quickly appear how uncomely it is in you , and how unsafe for the people . remember also , that ye are not called to it by the people : and if ye will yet be venturing upon it , doubtless ye will run the hazard of ruining both your selves and the people . these are some of the dangers which parliaments ( and through them the people ) are obnoxious to . how far this present parliament hath been overtaken with any of them , or how far the people hath suffered thereby , i shall not take upon me to determine . only thus much i cannot but express , that the present state of affairs is ( to my eye ) much entangled , and that the true foundations of right and freedom ( so far as i can discern ) are not yet layd ; and i could earnestly desire and much entreat those in whose power it is , to do the main work , and to do it throughly : to let fall all desire of power or supremacy ( whose sweetness will be tempting the best ) to strike at the root of all particular interests which stand in the way of publique good , and to set upon such ways of publique good , so evidently and directly tending thereto , as might be forcible to convince very enemies to them by their clearness in reason , and by the sweet benefit which they should not be able to avoyd tasting and reaping from them . having such advantage of power in their hands , what is it which might not be done for publique good , if men had hearts , and were in a right way ? it is commonly said , that a stander by may see more then a gamester : which if it be true , i may assume unto my self some freedom of speech more then ordinary , my condition interessing me in it . for i have been long taken off from being an actor in any kinde , to become only a spectator ; yea and i think i may say safely , not an engaged but a free spectator . i have not been interessed in the designs of any party whatsoever , nor so much as in desire to have any party thrive , further then they have been guided by principles of reason and righteousness unto common good . there is not one sort of men upon the face of the earth , to whom i bear any enmity in my spirit ( though in some respect i must confess my self an enemy to every sort of men ) but wish , with all my heart , they might all attain and enjoy as much peace , prosperity , and happiness , as their state and condition will bear . there are not any to whom i should envy government , but , who ever they are , they should have my vote on their behalf , whom i saw fitted for it and called to it . indeed i am offended , very much offended with most persons and things , and i have a deep charge against them , which at present i keep secret , not intending to bring it forth till i come upon that stage where i may have fair play . yet thus much i will say , which toucheth a little upon it . i am offended both with light and darkness , or rather with that which pretends to be light , and that which is acknowledged to be darkness . i am offended with that which pretends to be light , because it doth not more fairly overcome darkness ; but while it blames it for its dark paths of tyranny , cruelty and oppression , it self seeks ( not by the pure vertue and power of light , but ) by the same weapons , viz. of dark violence to conquer it ; and if it ever prevail this way to do it effectually , i shall be much mistaken . i am also offended with darkness ; because it is not true to it self , not just to it self , not at peace with it self , nor keeps within the sphere of its own dark principles ( even those which it doth acknowledg ) in its own motions , or in its opposing either light or darkness christians dishonour themselves and their principles ; they speak indeed of the light of god , of the life of god , of the power of god , of the great name of god , but are fallen short of the true vertue and glory of all these , both in religion , and in their course in the world . men dishonor themselves and their principles , falling short of that common love , good will and righteousness which very nature would teach them to observe , notwithstanding its depravation , were their ears open . but i delight neither to complain nor accuse , onely i cannot but wish that all cause and occasion of complaint and accusation were taken away from him who doth delight in either . all the liberty i shall now make use of , is onely freely to express what i conceive necessary , in the present confused state of things , to reduce them into some certain safe and well-grounded order , according to plain principles of reason and righteousness , without aiming either at the throwing down or setting up of any person or thing : which , what interpretation soever of weakness , folly or disaffection may be put upon it , i finde not my self very prone to value . this temper hath long attended my spirit , not much to regard , what account either i my self or any else put upon things , but rather to expect what things will then appear to be , when they shal be made manifest by that light , which doth discover them as they are , and will pass such a judgment upon them as they deserve , and shall not be able to gainsay or avoyd . it is a kinde office and a commendable peece of service to help out of the mire , or to offer so to do , yet can hardly be so esteemed by him who observeth not himself to be in the mire , and consequently hath no sense of any need of help : he will rather entertain it with disdain then acceptation , it implying him to be in such a condition as he is unwilling to own or acknowledg . but how ever , as i have on the one hand expressed my sence ( though very sparingly ) of our present entangled condition , wherein we finde our selves at a loss in our very remedy : so i shall on the other hand offer what help my reason and judgment presents to me as proper and necessary to dis-involve us and bring us into a right course . to come then to what i drive at , first i shall speak a word in general towards setling , and then propound more particularly , what things are needful ( considering our present state ) towards the setling of affairs in order , justice and safety , both to dis-engage us from fundamental miscarriages and dangers ( which it is very easie to slip into , and very hard to wade out of , especially after our so long treading in such an unusual track , as of late we have been much driven into ) and to set us straight . towards setling in general i should say three things . first , that we should look well to our setling , look well how we settle . secondly , that we should be careful of avoyding arbitrariness of government in our setling . thirdly , that we should have regard to the rights of the people , and especially to their rectifying right , that it have its free current . . we should look well to our setling . shakings generally tend to setling ; and setlings frequently make way for future shakings . shakings are sudden and violent most commonly , not flowing so much from deliberation as from force : but setlings require great wariness and circumspection , lest that corruption which caused our disturbance ( and should be shaken out ) put on a new guise , and settle again on our new foundation ; whereby there are not onely new seed plots strown of fresh ensuing miseries , but also preparation made for a new earthquake . therefore it behoveth us to look well about us , and to settle warily , that we may settle surely . . we should be careful to avoyd arbitrariness of government in our setling . if arbitrariness of power , and a government by will , not law , was our burthen , and that which we so strongly desired and endevored to throw off from our backs : then surely they to whom it appertaineth , and who have engaged themselves to free us from it , ought to be exceeding careful and watchful against involving us again in it . if it hath already miscarryed in one hand , it may also do in another : however , in reason we are not to be tyed to run the venture . it is not the change of the hand , but the change of the rule , which we expect as our foundation of safety . he that doth us good in an arbitrary way , and by an arbitrary power to day , may by the same way and power do us harm to morrow . . in our setling regard should be had to the rights of the people , and especially to their rectifying right , that it have its free current . the rights of the people were the main thing presented to view in this great conflict , and therefore in equity should be mainly prosecuted ▪ and most principally those which are their most needful and useful rights . our laws are our rights , and we should be loth to be deprived of any of them ( whose reason was both good at first , and remaineth still in force : ) but there are some rights and liberties which are the root and foundation of our laws , and our ultimate refuge for succour and safety ; and therefore much nearer to us , and more essential to our happiness , then others are . these are especially to be regarded . and this so much the rather , because the people are so fit a body to be subjected and trampled upon , that it is very hard for those which are great in power , to keep their feet from off their necks . alas , the people have no way to avoyd danger but by running upon the rocks ; they have no way to shun ruine , but by hasting into ruine . those they chuse to govern them gently , to defend them , may fit hard upon their backs , yea themselves may make a prize of them : and if they can in length of time , through many difficulties , obtain and appoint trustees to rectifie these miscarriages , yet how many temptations they have to mismanage it , they think not of , and how they will manage it , they know not . experience doth still shew how difficult it is throughly to mind the good of the people . one half of the work is sometimes done ( sometimes very often ) viz. the crushing of oppressors : but the other half , viz. the breaking the yoke of oppression , is very rare and hard even for them to do who have prevailed to shake the oppressors out of their seats . thus much in general . now more particularly , there are four things appear to me as necessary , unto a fair and firm setling . . a clear distinction between the administrative or executive power , and the legislative or judicative : that as they have in themselves , so they may retain in their course , their clear and distinct natures , the one not intermixing or intermedling with the other : that the administrative may not intermingle it self , or meddle with the legislative , but leave it to its own free course ; nor the legislative with the administrative by any extemporary precepts , directions or injunctions , but only by set and known laws . things which are severed in their nature must likewise be severed in their use and application , or else we cannot but fail of reaping those fruits and effects which we desire from them , and which otherwise they might bear , and we enjoy . . a prescription of clear and distinct rules and bounds to each . that the trust , power , priviledges and duty of each , which flow from the common light of man , and are intended for the common good of man , may be made evident to that common light ; that the people may know hereby what they are to expect from each , what they are to expect from the parliament , what they are to expect from their supream governor or governors , and so may be understandingly sensible of good or ill usage . there is nothing ( among that nature of things we now treat of ) of it self unlimited : and the more clearly the limits of any thing are set and known , the greater advantage hath it both to move safely , and to vindicate the integrity and righteousness of its motions . if the limits of power be not described and made known , it will be left too loose in its actings , and the people also will be left too loose in the interpretation of its actings ( neither of them being groundedly able to justifie themselves in either unto the other ) neither of which is safe . if the parliament hath one apprehension of its limits , and the people another , they can neither be satisfied in the other ; but the people must needs disrelish the actions of the parliament , and the parliament cannot but think themselves injuried by the people , which may occasion the laying of a dangerous foundation of discontent and division between them . yea hereby the parliaments best friends may be forced to become its enemies , and it may be forced to deal most sharply with its best friends , and so weaken its best strength , and the best strength of the nation . those that are friends to things are not friends to persons , any further then they are subservient to things . it is as hateful to true-bred-spirits to idolize the name of a parliament any more then of a king : it is righteousness , rightly administred in its own proper way and channel , by persons in place and power , which alone can make them lovely to such as love not men , but righteousness . it was the error of the foregoing governing power to esteem it self more at liberty , then in right it was ; it may also be the error of the present legislative power , yea their condition exposeth them more unto it ( their liberty being larger , or of a larger kind ; ) and therefore they ought the more abundantly to beware of it , and to apply themselves to produce , or cause to be produced , a true and fair discovery of those bounds and limits wherein they are ( by the nature of things ) circumscribed : for if they do not know them , it will be impossible for them to keep within them ; and if the people do not know them , it may be difficult ( in many considerable cases ) to them to believe that they do keep within them . . an unquestionably free and equal parliament . it is not every cause which will produce a true and genuine effect , but the cause must be rightly tempered to bring forth kindly fruit . it is not every parliament which can heal or settle a nation , or that the people have just cause to rest satisfied in ; but a parliament fairly chosen , equally representing the people , and freely acting for the people . now every man knoweth force to be opposite to freedom . that which is free is not forced , and that which is forced is not free . this parliament hath , visibly to every common eye , been more then once forced ; and it is not very easie after violence to break forth again into perfect liberty : the sense and remembrance of the former force , together with an inward fear of the like again ( if the like occasion shall happen ) may be a secret , though not so apparant a bond upon their spirits , which may in some particulars incline them both to do what they would not , and to neglect the doing of what they would . besides , it may be considered how far that visible force , which caused so great an alteration in the parliament , and such a change in affairs , did intrench upon the freedom of parliament . for though every detention of some or many members may not disanul the freedom of a parliament , yet some kind of detention , so and so qualified , necessarily doth . an occasional or accidental detention is not of so great force as an intentional : yet if such an accidental detention of some of the members should happen , whereby the state and course of the parliament should be changed , it might well be disputed , whether the rest ( still sitting and acting contrary to what was done before those members were detained ) might be accounted a free parliament , ( when such a force was visibly upon some part of it , as changed the whole state of affairs in it : ) for this were plainly an accidental bending of the parliament from its intended course , from its free current , and so far as it is bent it is not free . but in the case in hand there was yet more , there was an intentional bending of the parliament , ( as was expresly declared by them who were the instruments to bend it ) there was a culling out of those who stood in the way of what the army thought just , safe and necessary to be done . and this was done purposely that the parliament might be put into another posture , and act other things different from what , as they were then constituted , they could be drawn unto . now though there should be a violent detention of divers members of the parliament from doing that service , which they ought and desire to do according to their judgments and consciences ; yet if the parliament be not bent hereby , but go on in the same path it was walking in before , it hath the greater advantage thereby to argue and to make good its freedom : but if by this force it be visibly and apparantly bent , put into another posture , and into contrary ways and motions , the evidencing of its freedom will , in this case , be more difficult . there might yet be further added the judgment of the army concerning this action of their own , who were likely to look favorably upon it being their own , but i purposely wave it : for i do not go about to make the most of these things , but desire only the granting of thus much to me , that this parliament is not unquestionably free , and so the people , who are sensible thereof , cannot rest fully satisfied in their spirits , that this present engine is their evidently-genuine and proper engine . and as this present parliament is not unquestionably free , no more is it an unquestionably equal representative of the people , neither in respect of the number of the persons , nor in respect of the qualification of the persons . first , for the number of the persons . every county , city , borough , having their stock going , their right and interest concerned in the whole , their particular advantage or disadvantage while parliaments sit ; so they ought to have their proper substitutes or representers to appear for them , to stand in their stead , to have an influence in the managing of their particular cases , and their right in the whole , which , as the case now stands , many do want . secondly , for the qualification of the persons . for it is not a number of persons ( though chosen by the people ) simply considered , that do or can represent the people : they are but shadows , not the true representatives of the people ( though designed by the people to that end ) unless they be rightly qualified . how is that ? why thus : by understanding the condition and desires of those they stand for , and by representing those desires seasonably in their stead : for they are chosen to be common persons , and therefore ought to have the common sense of the rights , liberties , safeties , needs , desires of those they stand for . if a man undertake to appear for me , and doth not know or care to know what i need or desire , he doth me a double injury ; both putting me to the loss of that which i might obtain , and depriving me of the means i might otherwise have attained it by . now there is a great exception against these present representers in this respect , the state of things , and consequently burthens being much changed , since they were chosen to represent them . it is a long while since the first sitting of this parliament , and the change of power , with other things , may have caused many new burthens , which they , being in power , cannot so fully feel , nor seem so fit to be judges of . the burthens of the people still arise from the present power , that power from which they did formerly arise is removed , another hath succeeded : now they who are the greatest in the succeeding power seem no way fit to represent the burthens of the people under that power : but such of the common people as lie most under them , and most feel them , are likely to be most fit to represent the sense of them . these indeed might be fit , when they were chosen , to be judges of former burthens and oppressions , but they seem not now so fit to be judges concerning present burthens and oppressions : not that which manageth the power can so fairly , clearly and sensibly judg whether it be easie or grievous , but that which lieth under it . and here i may not unfitly add one thing concerning the way of managing affairs in parliament so much in use , viz. by votes ; the necessity whereof in some cases , and the multitude of transactions , may have been an occasion to draw into more common use then is either fit or safe . my ground of excepting against it is this . the actions of the people ( and so of the parliament , who are the collective body of the people ) should be very clear and evident to the eye of common sense , so as to bear down all opposition or gainsaying . the people should desire the removal of nothing but what is evidently burthensom , the addition of no law but what is evidently good , the punishment of none but him who hath evidently been an offender . but the putting things to vote is an argument against this clearness and evidence , and doth seem to whisper , if not to speak out , that things are doubtful , and that the determination is also doubtful , arising not necessarily from the strength of reason , but perhaps from the number of voyces . i confess it is impossible for such a body to manage many affairs without this course : but i cannot conceive that ever nature cut out such a body for the managing of many affairs . it is a body of the common people , who are not supposed to be skilful in administring government , nor intended to meddle in managing of affairs , but only to set them in a right posture , and in a fair way of administration . a few , easie , necessary things , such as common sense , reason and experience instructeth the common sort of men in , are the fittest things for them to apply themselves unto . indeed the people should have no more hand in or rather about government , then necessity requires for their own preservation , safety and welfare ; and dispatch quickly what they have to do ( as a few plain things may quickly be done ) and so return into subjection unto government again , whereby alone they will be able to know whether they have done well or ill in what they have done . again , as it is a body of the common people , so it is of a great bulk ( it cannot be otherwise formed , ) and therefore not fited for many motions , but only for such as are flow and sure . yet their slowness of motion ( the right order of nature being observed ) will be neither burdensom to themselves nor others , being recompenced by the fewness of those things which nature ( i mean the nature of their end , call and trust ) hath appointed for them to do . . a regular way of elections : that the people might be put into a fair , clear , understanding way of managing this : that they might not be urged from favour to the present administring power to make their choyce according to their desires , but might be left free therein , and might be incited to wariness by being instructed of what concernment their choyce is : that if they chuse amiss they contribute towards the laying a foundation of enslaving themselves and the whole nation . the people have a sense of their own good , as well as a desire to please their superiors , and if that sense were by suitable means quickened in them at the time or season when they chuse , they would be so much the more careful to make choyce of such as were fittest to represent that sense . in such a great and extraordinary remedy there should be extraordinary care about every step and degree of the framing and constituting of it , that we may be sure ( as sure as possibly we can ) to have it right and fit for its appointed end and use : for one error here is as it were a womb of danger and misery , which hereby it is in a way to bring forth . now that the people might put themselves , or rather be put ( for they can hardly do any thing themselves orderly ) into such a posture as they might chuse most advantagiously to their own good ; and that those whom they chuse might the better understand the end , work , &c. for which they are chosen , and the better apply themselves thereto ; that both these might be more commodiously done , i shall propound these three things . ( and here i desire free scope in the ballance of every ones judgment , for i propose not these things from any conceit of them , but meerly from the strength of that reason which representeth it self to me in them , having no desire they should take place , so much as in any ones mind , any further then the reason in them makes way there for them , and it will be my delight and joy to see them give place to any thing which is better or more solid . ) . that the counties , cities or boroughs meet together ( as they were wont to do to chuse their knights , citizens or burgesses ) to chuse a convenient number of their commonalty as a committee to chuse their knights , citizens or burgesses for them for that one time . i speak now in general concerning a convenient way of chusing , but if i were to speak concerning a sudden new choyce , i should add this . that none should be admitted either to be chosen or to vote in this choyce , but such as have been faithful to their country in the late great defection : for which end , that exceptions should be drawn up , and great penalties annexed to them , to be inflicted on such as should venture to give their vote , who are excepted from chusing ; or such as shall accept of the choyce , who are excepted from being chosen . ( only these exceptions should be so plain , as there may be no cause of doubt or scruple concerning the interpretation of any of them , lest they prove a snare to any to deprive them of the exercise of their just right and liberty herein . ) it is undeniably just and rational , that the people having fought for their rights and liberties , and purchased them with the expence of their blood , should now enjoy them , and not permit such a participation of those among them , who endeavored and fought against them , as may cause a new hazard of the return of that into their hands , which hath been thus difficultly and costlily recovered from them . . that this committee immediately upon their being chosen ( before or at their first sitting ) may have an oath administred unto them , to this intent . that without partiality , regard to friendship , or any other by-respect , they shall chuse ( either from among themselves or elsewhere ) him whom they shall judg most fit , both for ability and fidelity , to serve his country in general , and that county , city , or borough in particular . . that this cōmittee , immediately after they have finished their choyce , consult about and draw up ( and that an oath be administred for this end likewise , or a clause for it inserted in the former oath ) a copy of what , according to their consciences , they conceive them to be entrusted with by the people ; with what kind of power , in what sphere , and to what end ; which might be before them as a light and rule unto them , though not absolute , yet it might be very helpful : whereas otherwise ( without some such help ) persons called to that employment may be ignorant what their work is , and from this ignorance ( and their own modesty together ) may joyn with others in the way they find them in ( if a parliament be sitting ) or in the way some , who are most looked upon , may propose ; in the mean while they themselves not understanding where they are , to what direct end , or upon what ground they act . and i must confess this hath ever made me unwilling to venture upon that employment , not having clear and certain instruction how or what to act therein : and i must confess my self somewhat unsatisfied to undertake a trust , the nature whereof is not clearly manifested unto me . i am content to serve my country with all my poor strength , but withall cannot but be shy of such a snare of doing them disservice in stead of service , as my own remediless ignorance herein may necessarily expose me to . and perhaps there may be some others who may stand in need of this help as well as i : however , a clear and plain way of knowledg , methinks , should be burdensom to none . such kind of things as these are proper transactions for a parliament , for there may be errors or defects in this kind which the people cannot come together to consult about and heal , yet it is requisite such things , in this kind amiss , should be healed , who therefore fitter to do it then their representatives ? and what might not be done in this nature , and entertained thankfully by the people , if it were so managed , upon such plain grounds of reason and principles of justice , and in such a plain clear way , as might carry conviction , that it was not done from any selfish respects , but for common good . it is a jealousie in the people , that their substitutes neglect them , and mind themselves , which makes them interpret their actions so ill , which jealousie by this means would easily be rooted out of the people , nay it would fall of it self . these are the things which to me seem necessary to set us right . and if it were once thus , that powers were rightly distinguished according to their own natures , rightly bounded within their own spheres , ranks , orders and places ; if there were also a parliament in every respect fairly chosen , set right in its constitution , and rightly acting according to its own nature , end and work within its own bounds , there might be some ground of hope both towards the well setling of things at present , and the easie further amending of what should be found amiss afterwards . but i dare confidently affirm it , that until the true way , course and end of nature be discovered and observed , let there be never so many other advantages ; a parliament never so wise , never so industrious , never so faithful ; a people never so pliable and thankeful , never so quiet and patient , both in submitting unto the pains of their cure , and in continual renewing of their expectations when it will once be ; yet the desired end will never be effected by the parliament , nor enjoyed by the people . if a parliament will produce such or such effects , it must become such or such a cause as is proper to produce those effects , ( and operate like that cause ) otherwise it will be impossible . there is one thing more i desire to mention , of no small importance , ( with the same freedom which i have used hitherto ) which hath been acted publiquely in the sight of the world , and will one day be examined more publiquely . that which is well done will endure a review ; and that which is ill done doth deserve a review , that it might be amended : yea that which is of very great consequence may in equity require a review . the thing is this , that there might be a revisal of this present government ( whether by this present parliament , or an ensuing , or by both , i determine not ) wherein it might be taken into full consideration ( more full perhaps then that present exigence of affairs , when it was first pitched upon , would permit ; ) first , the necessity of a change ; and secondly , the commodiousness of this change , or certainty of advantage by this change : for changes are never good but when they are necessary , and when the change is certainly , or at least very probably , for the better . now as there is at some times need of a change , so there is at other times an itching humour in man after change , when there is no need : yet a man who hath a mind to change , will take it for granted that there is a need of change , and run greedily into it though he suffer loss thereby , changing for that which is ten times worse , even in that very respect , because of which he changeth , only his eye being blinded by his present desire and interest , he cannot discern it . there ought to be much circumspection in all weighty changes : this , being the most weighty and of most concernment to the people , deserves the greater wariness and the more thorow scanning . it doth not become wise men to take a prejudice against a thing because they have smarted by it , or to conceive well of another thing because it is different from that , or because it appeareth plausible at first view , or because they have not yet had experience of the incommodiousness , evil or danger of it ; but narrowly to pierce into the ground and nature of things , and from a clear sight thereof to bottom their change . in changing either governments or governors , it is very incident to man to be unjust . man ordinarily doth that unjustly which is just to be done . because of his sense of smart , he is become an enemy ( and so far an unfit judg ) to that and them which he smarted by ; and can very hardly afford them a fair hearing of what they can say for themselves . yet this is the due of every thing which is layd aside . and for my part , though i shall not plead for the resettlement of kingly government ( for i am not so far engaged in my affections to it , as it yet hath been ) yet i would have a fair and friendly shaking hands with it , and not any blame layd upon it beyond its desert : for doubtless it is both proper , good and useful in its kinde , and hath its advantages above any other government on the one hand , as it hath also its disadvantages on the other hand . now since i have waded thus far herein , i will proceed a little further , propounding what way i should judg most convenient for my self to take , if i were to have an hand in this particular , so as i might discharge it with most justice in reference to the thing it self , and with most satisfaction in reference to my own spirit . ( every man must be master of what he doth in his own understanding , or he cannot act justly ; and his heart is poor and weak , if it can be satisfied in managing things beyond his strength . ) in the first place ( supposing i had power ) i would require such learned lawyers , as i should judg most fit , to give me a plain and full description of kingly government ; of the duty , power , prerogatives of it , with all the several bounds of it , according to the laws of this land . secondly , i would consider , whether any of these were defective ; and particularly since the prerogative part was so encroaching , what bonds might be layd upon it for the future , and how far they might be able to binde it fast from intrenching upon the rights and liberties of the people . thirdly , i would consider , what security or certainty might be had of a setled course of parliaments in fitting seasons and with sufficient power for remedying any grievances which might arise to the people from this government , or from any governors which might be employed in it : for in every government there are ( besides the supreme ) sub-governors , who are usually the greatest oppressors . having done this , fully and fairly , to the satisfaction ( not of my will or desire , but ) of my understanding unbyassed ; i would as fairly propound , to my view , the other government , which might seem fit to succeed in the stead of this . i would take a full draught of it ; the duty , power , prerogatives ( for such it ought to have ; its work being hard , in equity it should have priviledges to sweeten it ) and several limits of it . i would consider again and again , how it could be bound faster then the other : how the convention and session of parliaments in season , with full power and freedom , might be more certain under this . and after full and thorow consideration of every thing needful to be considered , if it did indeed appear that errors in the former kinde of government could not safely or easily be amended , nor the dangers thereof well prevented , but might with much more safety and ease be both amended and prevented in the latter ; then would i abolish the former , and settle the latter . this , in my apprehension , would be a fair and just way , and would not expose me to drink in prejudices ( which become not a judg ) against the government which is to be called into question ; or to lay that as a particular objection to it , which other governments are as liable unto . neglecting of duty , grasping of extraordinary power , enlarging of priviledges and prerogatives , trampling upon them that are low , that are as it were the earth under them , riding in pomp upon the backs of the people , &c. these are common to every government , and will be growing up under every government further then they are powerfully suppressed . as for that great objection of the enmity of kingly government to parliaments , any other government may be as liable to it . no ordinary supreme power loveth an extraordinary supreme power ; and what power soever be set up , it will go neer ( if much care be not used to prevent it ) to have an influence upon the choyce of parliament men , and will be molding the parliament to it self , which if it cannot do , it will hardly look upon it as its friend . i must confess the changing of the form of government is not so considerable in my eye , but the fixing of so strong and safe bounds and limits , as a good governor or governors may delight to keep within , and a bad or bad ones may not be able to break through : which may be much helped by the frequent use of parliaments , if they can be kept within their bounds , or else that will be worst of all according to that known maxim , corruptio optimi pessima , the best thing being corrupted proveth worst . when this is done ( for i do not look upon it as yet done , till all reviews , which in reason and equity can be desired , are first over ) and the supreme governor or governors fully agreed upon : then it will be seasonable , just and requisite to restore to them those rights and priviledges which belong unto them , and which it is the minde of the people they should have : as particularly his or their consent in making laws . it is great reason the people should make their own laws ; and it is as agreeable to reason , that he who is to govern by them should consent unto them . as the people ( so far as they understand themselves ) cannot but be unwilling to be made slaves by their governor , to be governed by such laws as he should make at his pleasure : so neither should they desire to make him a slave , by putting what laws they please into his hand , requiring him to take care of the observation of them : but a mutual agreement & transaction in things of this nature is fairest and most just . yea this would be most advantagious to the people , for he who constantly weilds the scepter is in likelyhood best able to give advice concerning laws , and may put them into a better way ( by vertue of his experience ) of attaining their ends and desires then they of themselves can light upon . if the chief governor or governors shall refuse to assent to such laws as are evidently good and necessary , a better remedy may be found out then the depriving of him from this liberty . the true way of curing is difficult , requiring much skill , care and pains ; the common way of man is by running out of one extream into another , which he is apt to please himself much in , because he observeth himself at such a distance from that which he found so inconvenient and perhaps so mischievous before . but this is neither just in it self , nor can prove either easie or safe in the issue . to draw to a conclusion ; i shall onely mention some few properties of a good governor , to which the people should have respect in their choyce , and to which he who is chosen by the people to that degree and honor , should have respect in his acting . there are two properties or proper ways of motion ( which contain in them several properties ) of a good governor , which , if he will be furnished unto , will make him very useful and serviceable in his place . . to manage his trust with all care and fidelity . to neglect himself , his own particular ease , pleasure , advantage ; and apply himself to the good of the whole . to minister justice equally , fairly , freely , speedily ; and mercy tenderly . to punish meerly for necessity sake , but to relieve from his heart . . to settle the foundations ( so far as lies in his way and within his reach ) of the peoples liberty , peace and welfare , that it may be in a thriving condition growing still more and more : for the welfare of the people doth not so much consist in a quiet , prosperous , setled state at present , as in a good seed for future growth , whereby alone the government can come to yeeld the good fruit of a present good setling . it may cost much at present to manure the ground and plant a good government , the benefit is to be reaped afterwards , which will lie much in the governor , who may help much to cherish or blast it . the main thing in a governor ( which will much fit him unto both these ) is to keep within his bounds : not to think or undertake to do all the good which is needful to be done , but that good which belongs to his place and office : not to avoyd bonds , but to desire to be bound as fast as may be . he who is indeed unwilling to transgress , to do evil ; is willing to be tyed up , as fast and close as can be , from all temptations and advantages thereunto . good honest plain-dealing-hearts are too apt to desire scope , thinking onely to improve it for good ; and others are too apt to trust them , little suspecting that they will do otherwise , till at length on a sudden so evident snares and temptations overtake them , as give too plain a proof of the contrary . this experience is so deep , that it may well be questioned , whether it were better to have a bad governor being fast bound , or a good governor being at liberty ; which would be very difficult to resolve , because on the one hand it is so hard to finde bonds to binde a bad governor fast enough , and so difficult on the other hand for a good governor being left at liberty , to act well . he who hath had experience what he is , when he is left at liberty , and what others are when they are left at liberty ( how easily his or their judgment , will and affections are perverted ) will neither desire to be left at liberty himself , nor to have others left at liberty . a good governor might do great service in this respect , namely both by a ready compliance with his bonds ( for the good and necessary use of them ) which is very rare ; as also by seeking further bonds , where he can discover starting holes , which is yet more rare . man naturally seeketh liberty from bonds , desireth to avoyd them : he would binde others , but be without bonds himself : others need bonds , but he can act well without them , yea he can do more good without them then with them : they may be a fit curb for others , but they will be but a clog to him in the pursuit of the peoples happiness , whereby he shall be hindered from doing that good service which he would and otherwise might : thus the best men , many times , come to do most hurt , least suspecting themselves , and being least mistrusted by others . ( who would not beleeve his own heart , that if he were in place and power he would not do thus or thus , but amend this and that and the other thing ; and the more scope he had , the better and more swiftly would he do it ? ) but to seek bonds , to desire to be hedged up from every thing that is unlawful or unfit ; to seek where one might evade and prepare before-hand strength to resist it , engines to oppose and keep it back , this is as unusual an undertaking in governors , as needful and profitable for the people . there would one great advantage from this arrive unto posterity , besides that which the people themselves might enjoy under it at present : for it would make the fruit of a good governors government extend it self to future generations , in this respect , because by this means there would be bonds prepared to tie up such as should afterwards succeed , who might be more inclinable to break forth into unjust and by-ways , then a present governor or governors . there are none who have such advantage to espy starting-holes , as those who are penned up : and if they be careful in espying and faithful in stopping up those holes ( by putting the parliament upon setting such fences of laws so made about them , as may best secure the people in this respect ) the administration will soon prove both regular and safe , as also in a thriving condition , in so much as that the liberty , safety , and sound prosperity of the people will grow more and more upon them . finis . a letter to general monk, expressing the sense of many thousands of the well affected people of england. old parliamenters, and old puritanes to the magnanimous and truly excellent generall monk. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter to general monk, expressing the sense of many thousands of the well affected people of england. old parliamenters, and old puritanes to the magnanimous and truly excellent generall monk. albemarle, george monck, duke of, - . sheet ([ ] p.) s.n., [london : ] signed at dated at end: the commons of england. january . . imprint from wing. annotation on thomason copy: "feb: . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter to general monk, expressing the sense of many thousands of the well affected people of england. old parliamenters, and old puritane albemarle, george monck, duke of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to general monk , expressing the sense of many thousands of the well affected people of england . old parliamenters , and old puritanes . to the magnanimous and truly excellent generall monk . noble sir , god hath made you the instrument of conveighing one of the greatest blessings to this nation that hath been bestowed upon it in these latter days ; even of rescuing our laws , liberties , estates , ministers , religion , all that is dear to us out of the hands of men , who being in their first constitution our servants , had by craft and treachery made themselves lords over us , and designed to sacrifice all these to their own ambition . but the most wise and righteous god , who raised you as a deliverer to this poor nation , hath caused them to fall before you without stroke striking , filling their hearts with fear , and their faces with contempt and shame , for which his wonderful mercy , as thanks are rendred to god by many on your behalf , so doubt not honoured sir , but many prayers are daily poured out before the lord for you , that he would direct your steps in his ways , so evenly and unerringly , that that deliverance which is so happily begun may be perfected by your hand . your excellency , ( for that title your merit gives you whether men do or no ) cannot be ignorant that great persons ( as your self is ) in great actions ( such as this in which you are now imbarqued ) are attended with great temptations , which though your own deep wisdome and much experience be sufficiently able both to discern and decline ; yet will it not we hope be offensive to your excellency to hear what the vox copuli is concerning the temptations that lie before you . first , some think there is now lying before you a sore temptation of making your self great , and to take the supream power and government of these nations into your own hands , and make your self a protector , a king , or what you please , and it is verily thought you might do it with a far more universal acceptance then oliver did ; and it is feared there may be some who may secretly whisper such counsels to you : but surely sir , it is hoped and believed you are so much a souldier , a gentleman , a christian , as that you despise and abhor the thought of any such thing , having declared the contrary as you have done . they that know you say you have too brave a spirit , to purchase the personating of a king with so much guilt and infamy as oliver did , who after he had played rex upon the theatre of the world , for a few years hated of some , scorned by others , flattered by a few , went off with reproach and hissing , and his memorial is perished with him ; who had he had so much honesty in him as a heathen , would instead of his pompous funerals ( yet unpaid for ) have contented himself with a plain tomb-stone with this inscription {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. look upon me and learn not to be treacherous , false , ambitious . so recent an example of gods revenging wrath , should cast a damp upon the pride and ambition of men , but we see it did not : witness fleetwood and lambert , who not thinking themselves high enough till they were got into phaetons ( that is cromwells ) chariot , had certainly set this whole kingdom on a flame , if god by your hand had not cast them down as suddenly and strangely as if they had been thunder stricken . but your excellency is of another spirit , even like that noble earl , that said he had rather make a king then be a king . in which respect we fear not much your being overcome by this temptation . that therefore which others fear , and fear more is your being tempted to close with this piece of the parliament now sitting at westminster , and to assist and aid them in their setting up of that which they call the common-wealth of england , though by all that ever we poor plebeians could see or understand of it , it is but the setting up of themselves ; and that which makes us something fear you here is , that in many of your declarations which you have emitted , you have expresly and in terminis declared for this parliament as it was sitting in octob. . and for the establishment of government by a common-wealth . these things make us fear ; but when we consider that these declarations were made by you when you were in scotland , or in the remotest parts of england , where you neither did nor could know the sense of the english nation ; we hope that now god hath brought you among us , where you may hear the sighs and groans of your brethren , and from our own mouthes understand what we groan under , and what we groan after , god may put other thoughts , and other resolutions into your heart then what you have yet published or declared to the world . give us therefore leave to declare and remonstrate to you that a great part , yea , the greatest part of the godly people and ministers in england , who adhered to the parliament in all their contest against the king from . to . never did own , nor never can prevail upon their consciences to own those men that now sit at westminster for the parliament of england , since they contrary to all equity and reason , contrary to their trust and duty , contrary to their covenants and protestations , suffered so considerable a part of their members to be by the army plucked from them . nay , not onely suffered it , but we fear some of them contrived it , and all of them now since their last meeting abetted it . resolving upon a solemn vote next day after their solemn fast , that these members were duly excluded : a thing so contrary to the light of common reason , that every man is ready to blush at the reading of it ; is this the fast that god hath chosen ? is this to loose the bands of wickednesse , and to let the oppressed go free ? nor , secondly , can we ( if this were not ) look upon that handful of men sitting at westminster as men to be trusted with the lives and liberties of the nation , and least of all with religion . some of them being persons of notorious loosenesse and debauchedness , others desperate atheists , despisers of the word and ordinances . the most of them , ( whether out of carnal policy , or what other principle god knows ) friends to all sects , errors , and heresies , even to popery it self ; witness their repealing penal statutes made against popish recusants before their breaking up in . and their vote passed in the speakers chamber before the last breaking up in . wherby they gave papists equal protection with the most pure and orthodox of protestants , we hope your excellency when you are informed of these things , will not think it strange that neither city nor countrey can cheerfully accept these men for englands parliament , we hope your self having expressed so much zeal for the true orthodox protestant religion , and for the ministers and ordinances of christ , will not now give them up to the mercy of these men . we have done with the parliament , may it please your excellency to give us leave to expresse our selves concerning the other particular , the changing of the government of the nation into a common-wealth . first , we call to remembrance that saying of the holy ghost , prov. . . remove not the ancient land-mark which thy fathers have set . our forefathers according to the wisdom given them of god , had very equally and justly bounded both the kings power and the subjects liberty . the late king he went about to remove the ancient land-mark of the peoples liberty , and this hath been the overthrow of him and his family unto this day . let the people now take heed of removing the other landmark , least the lord see it , and it displease , and he lay their liberty as low in the dust as he hath done the kings authority . extrema non durant , there is also another text that not a little troubles us when we think upon these changes , and that is prov. . . my son , fear god and the king , and meddle not with them that are given unto change ; for their calamity shall rise suddenly , and who knoweth the ruine of them both . sir , you have merited so well at our hands that we cannot but be very unwilling you should be involved in that calamity which we are very confident will again suddenly overtake these members given to change . secondly , we call to remembrance how in the beginning of the quarrel between the king and parliament . the king did lay to their charge that they had a design to alter the ancient governments of the nation , and to let a flood of errours and heresies into the church , and that thereupon he was forced to take up armes for his own defence , and the defence of religion ; and now if these men do indeed alter the government , as they intend to do ; and do set open a door to all errors and heresies , as they have begun to do ; do they not thereby justifie the king before god and men ( for whoever yet questioned but that it was lawful for a king to defend religion , and his just authority against those that seek to subvert them ) and do they not hereby bring upon themselves the guilt of all the blood that hath been shed in england , and we are very loath you should share with them in that guilt . thirdly , we call to remembrance that the parliament both in their answers to the forementioned declarations of the kings ; and in all their declarations both to this and neighbour nations , scotland , holland , &c. did in the most solemn manner that could be disclaime this altering of the government , and looked upon it as the greatest slander that could be raised against them , and therefore they cannot alter it without falsifying their word to forrain states and princes , and incurring the note of false and perfidious men . the very suspition of which crime we are perswaded your noble soul abhors . fourthly , we call to remembrance the many solemn vowes and covenants whereby the parliament bound themselves and us to maintain the government as it was then established ; and therefore they cannot alter it without incurring the guilt of perjury or covenant-breaking , which god never suffers to pass unpunished , no not among the heathens . fifthly , we consider the blood and treasure that this attempt hath put england , scotland and ireland to already . the blood that cromwel shed in scotland ; and the blood that cromwel shed in ireland ( after your excellency had ended the first war with the popish rebels ) in what quarrel was it spilt , but in the quarrel of this idea , this fairie common-wealth ( which we often hear the name of , but could never yet see . ) that vast treasure that hath been expended now for these eleven years in the maintaining of an army here in england ( necessary for nothing but for the cudeling of people into a complyance with every prevailing power ) whom may we thank for it but the modellers of our common-wealth . sixtly , we cannot but fear that the altering our government into a common-wealth , will be so far from ending that it will but perpetuate our miseries from generation to generation ; for so speak as christians , the foundation of this intended common-wealth hath been laid in so much treachery , perjury , blood , and there is such a cry of the fatherless , widow and oppressed goes up before the lord against it , as it can never be blest to england ; and to speak as men , the masters of this new common-wealth know there is such a spreading family of the stuarts , and their interest is so spread and rooted in this nation and among neighbour nations , protestants as well as papists , that let them make never so many votes , engagements , oaths of abjurations , they will never dare to trust their infant common-wealth , as themselves call it , without an army royal to back it . and so the nation must be at the charge of maintaining continually an army of fifty or sixty thousand men , to please the humours , and maintain the grandeur of fourty or fifty men that are ( forsooth ) the common-wealths representative of england , for more there are not that are sticklers for this new device . for this , seventhly , we complain of as a very great grievance and oppression that so inconsiderable a number of men should assume to themselves the sole legislative power , and impose oaths and new formes of government upon the free-both people of this nation , not onely without their consent , but contrary to the known judgement and conscience of the people of the nation . for , eighthly , this themselves know , and we will not hide it from your excellencie , that if it were put to the scrutiny , whether the people of this nation would be governed after the forme of a common-wealth or no , there is scarce one man of . but would give his vote in the negative , except papists , quakers , anabaptists , and other sectaries , or those who under the specious pretence of a common-wealth , seek their own private wealth , and have built their nests upon the publick ruines . and into the secrets of these men we hope your soul will never enter . and that this aversenesse to a common-wealth may not be judged will and stubbornness in us to all the former reasons . . let us adde this ( in the ninth place ) that this device of changing the government of england into a common-wealth , it is a pure popish jesuitical device to alter and overthrow the true protestant religion in england , witness father parsons his memorials for reformation printed at sevill , an. . campanella in his monarchia hispanica , and cardinal richilieu in his instructions . these things make this alteration of government not only suspected but formidable to these that love the true religion , as we doubt not but your excellency doth . and such cannot but with grief observe , that under these men that are the contrivers of our common-wealth religion , hath suffered more detriment then it did in a leven years before . . lastly , we cannot but observe how god from heaven hath apparently fought against this idol of their brain . these men said in the pride of their hearts ( in one of their declarations as soon as they had cut off the kings head ) that they would speedily set up in the nation a better government then ever was under any , even the best of kings . ( surely they might have excepted david , or josia , or hezekiah ) but see how god hath befooled them from that day to this ( which is now eleven years ) they have not been able so much as to lay their foundation . sometimes god divides their tongues , and puts all in a confusion and disorder , as in the building of rabel ; sometimes he scatters them , so in . so again in . this is the lords doing . lord when thy hand is lifted up , they will not see , but they shall see , if they be not more blind then balaam , he when the angel of the lord had stopt his way twice , the third time desisted : twice god hath stopt these men in their eager pursuits of a common-wealth , let them desist in time if they will not , yet we dare not say a confederacy to them , least we should be found desertors of our covenant , self-condemned and fighters against god . and therefore we do humbly pray , that your excellencie ( according to the opportunity and authority wherewith god hath betrusted you ) would interpose effectually with that part of the parliament now sitting at westminster , that their secluded members may be re-admitted , and vacant places may be filled up , then shall we chearfully own them as the parliament of england , and humbly acquiesse in their declared judgements . and in so doing you shall make us happy , your self honourable to the memory of all after ages ; and oblige us , and our posterity after us to be your lordships most humble servants , the commons of england , january . . the trade of truth advanced. in a sermon preached to the honourable house of commons, at their solemne fast, iuly . . by thomas hill, b.d. pastor of the church at tychmersh in the countie of northampton. published by order of that house. hill, thomas, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the trade of truth advanced. in a sermon preached to the honourable house of commons, at their solemne fast, iuly . . by thomas hill, b.d. pastor of the church at tychmersh in the countie of northampton. published by order of that house. hill, thomas, d. . [ ], , [ ] p. printed by i. l. for iohn bellamie, philemon stephens, and ralph smith, london : . with an order to print on verso of first leaf. several variants occur: late copies "have the headlines of pp. and corrected from 'commous' to 'commons.' but in all copies sheets e, f, and g each have two varieties of headlines, which are bound up in various combinations." -- jeffs. english revolution, v. , p. . annotation on thomason copy: "aug. .". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . bible. -- o.t. -- proverbs xxiii, -- sermons. fast-day sermons -- th century. great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ ). civilwar no the trade of truth advanced.: in a sermon preached to the honourable house of commons, at their solemne fast, iuly . . by thomas hill hill, thomas d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii . iuly . . it is this day ordered by the house of commons now assembled in parliament , that sir christoper yelverton doe returne thanks to mr. hill from this house , for the great pains he took in his sermon this day , preached at the intreatie of this house , being the day of publique fast , at saint margarets westminster ; and that he doe likewise intreat him from this house to print his sermon and that no man presume to print it , till the house shall take further order , but whom he shall appoint . h. elsynge cler. parl. dom. com. i appoint iohn bellamie , philemon stephens , and ralph smith , to print my sermon . thomas hill . the trade of truth advanced . in a sermon preached to the honourable house of commons , at their solemne fast , iuly . . by thomas hill , b. d. pastor of the church at tychmersh in the countie of northampton . published by order of that house . iohn . . sanctifie them through thy truth ; thy word is truth . cor. . . for we can doe nothing against the truth , but for the truth . london , printed by i. l. for iohn bellamie , philemon stephens , and ralph smith . . to the honovrable hovse of commons , now assembled in parliament . when i first heard that i was designed for this solemne service , being conscious of my own insufficiencie to preach to so awfull an assembly , i couldnot entertaine it without trouble ; yet resolved with luther , rather to undergoe others censures , then to be reproved for ungodly silence , in such times when the lord suffereth . and now i have as much reason to be full of blushings , to thinke that this plaine discourse should be exposed to more publique view ; but herein i must resigne up my self unto your disposings , to whom i owe , & quod possum , & quod non possum , much more then my meanenesse can performe . this sermon , such an one as it is , i humbly tender to your gracious acceptance , who have adopted it ; i put it into your honourable protection , who have listed it ; i commend it to your practicall observation , for whom i intended it ; heartily desiring gods blessing upon your spirits in the perusall of it ; that you may read and act it , turning words into works , that you may repeate it over in your lives , which is the best repetition of sermons . our present breaches , call for a contribution from every one , for the repairing of them ; but much is expected from you , who are called to be publique counsellors , and thereby obliged to expresse a publique frame of spirit ( which is the beautie and strength of a great councell ) , swallowing up your private interests , in the publique welfare . not with baruch , seeking great things for your selves , which is most incongruous to stormy times , but rather resembling melancthon , who professed , though he had many domesticall troubles , yet the publique wounds of the church most deeply afflicted him . england is more bemoaned , by many with that language in austin over the poore man . quomodo huc cecidisti ? alas how camest thou into these distractions ? she may answer as the poore man there , standing in more need of reliefe then discourse . obsecro cogita quomodo hinc me liberes . thinke how i may be rescued out of th●se troubles . towards this blessed worke , i have cast in my two mites , moving in the proper sphaere of a divine , as an agent for the truth , perswading you , who are betrusted by others , and have farre engaged your selves in the reformation of religion , that with all your might , you would promote the trade of truth . it is not for me to suggest a methode in the execution of your counsels . he whose name is counsellour guide you ; yet i shall still pray that in your intention , the purging , the setling , the advancing of true religion may be most dear unto you . it is one maine end , and a pretious fruit of government , that wee may lead peaceable and quiet lives in all godlinesse and honestie . this is well worth peoples wrastling prayers , and your most active endeavours . the stabillity of all our blessings must come by the true religion , gods presence is the best security , who is most powerfully present where there is most power and purity of religion . would you have a flourishing kingdome , advance the kingdome of christ in it . let the state maintaine religion , and religion will blesse the state , could you settle all our state liberties , yet if the arke of truth bee taken from us , our glory is departed , we may write these mourning characters upon all our comforts , ichabod , where is the glory ? it is too high a complement in the lord cordes , a french commander , who often said , that he would willingly lie seven yeeres in hell , so that callice were in the possession of the french againe . we blesse god for that reall selfe-denyall and activity ye have expressed , abating so many personall and family contentments , in your long attendance upon publike affaires . be not weary of well doing , in due season ye shall reape if you faint not . never had any parliament more work to do ; ireland still bleeds , the affaires thereof find unhappy obstructions . to subdue rebellion , to plant religion there , are great matters . england is very much out of frame . the church cals for truth ; the state cryes for peace , they who sowed in hope , reape in feare , out sickles are turning into swords . now to effect an happy correspondence betwixt our soveraigne and his people , a blessed compliance betwixt england and religion , here 's work for the strongest shoulders . never had any parliament greater opposition . as nehem. . . our builders worke with one hand , and hold a weapon with the other . achitophels plot , rabshekahs raile , sanballats mocke . yea since councels of reformation , there is a more malignant antipathy appears against truth in many places . as tim. . . evill men and seducers waxe worse and worse , deceiving and being deceived . yet be encouraged worthy sirs . never had any parliament so many thundring legions of praying christians , to assist them . when others insult and blaspheme , iacobs posterity are wrestling with god for you , resolving not to let him goe till he blesse you . and whilst you are pursuing peace , allow this plaine sermon that humble boldnesse as to whisper you in the eare , beseeching you still to maintain your former zeale in the cause of truth . when did your counsels prosper more , then when you were most active about religion . when you were building the lords house . for hee builded yours as hag. . . from this day i will blesse you . be pleased therfore more and more to engage your selves for the truth , so shal you engage god for you ; let your cause be his cause then his attributes will be yours , his providence will work for you , his spirit wil work in you ; then will you have more with you then against you , though the devill and the pope combine . do your owne work , trust god with his ; duty is ours , events , successe are his . commit the keeping of your soules , of the church , of the state , to him in well doeing as unto a faithfull creator . truth will yet triumph , babylon and all her crutches must downe ; the fight of faith is a good fight , because such souldiers are sure of the victory . the kingdome of christ shall prevaile , though second causes be impotent , yet the zeale of the lord of hoasts will perform this . isa. . . when hierusalem is restored it will be a city of truth zach. . . o that all our parliament worthyes , might bee so valiant for the truth that england might become a kingdome of truth ; following chronicles will then give you a share in that honour of being the churches saviours , as obad . v. . and god will put zerubbabels high dignity upon you , making you as signets . hag. . . the good lord guide , unite , act and blesse your counsels , and think upon you for good , according to all you have done , or shall doe for his people . so prayes he who desires to be found , your faithfull servant for the truth : thomas hill . a sermon preached at the fast before the honourable house of commons . proverbs . . buy the truth , and sell it not . the eternall happinesse of our immortall souls is to be found only in union and communion with iesus christ ; religion is that which gathers and binds up the spirit to close fellowship with him ; this bond is twisted out of those materials , which the severall pen-men of holy scriptures have prepared ; wise solomon hath contributed a good share to this blessed work in his three books , proverbs , ecclesiastes , canticles . i will not confidently with hierome and others , entitle salomons three books , to his three names ; as he was salomon peaceable ( say they ) he scattered proverbiall sentences among young men , to discipline them in wayes of righteousnesse and peace ; as he was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ecclesiastes , the preacher , he wrote the book of ecclesiastes , a pithy sermon , teaching men of riper yeers , the vanitie of vanities in all worldly excellencies . as he was iedidiah , sam. . . beloved of the lord , he acquainted greatest proficients , with the sweet communion betwixt christ and his spouse in the song of songs . but of this i am sure ; the book of proverbs is sutable to its title , worthy of wise salomon the sonne of david king of israel , prov. . . in the first book of kings , chap. . vers. . . salomon was an earnest suiter unto god for understanding ; and because he sought it from god and for god , ( so much doth the lord love to see a publike spirit in our private prayers . ) he gave him a large portion of wisdome , with an overplus of other rich advantages ; he obtained both the wisdome of a prophet and of a king , whereby he spake both propheticall and kingly sentences . so much the originall word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rendred , proverbs seemes to import ; raiguing commanding sentences , being so full of wisdome gravity and authoritie ; and that stile of being master of the sentences , may well be translated from peter lumbard , unto king salomon , who was the author of so many master-sentences . much of the wisdome of a nation , is oft found in their proverbs ; and much of salomons in this book of his proverbs , it being a cabinet of such jewels , as is fit for the closet , of so wise a king , full of short and pithy sentences , like jewels indeed , containing magnum in parvo , much value , vertue , and lustre in a little roome . and for the better discovery of their excellencie , it is observable , that herein they differ from most other scripture ; their harmony is in discord , their beautie in a kinde of contrarietie . if you would understand our saviours parables , minde the scope ; if you would reach many other places of scripture , attend the dependance , but if you desire distinctly to apprehend the proverbs in them , consider the opposition ; which though it appeare not so full in this my text , as in many other of these proverbiall sentences , yet here you may finde two disagreeing parts . first an injunction , buy the truth . secondly , a prohibition , sell it not . this opposition , such as it is , begets two propositions . . all the sons of wisdome , must be carefull to buy the truth . . though all must be buying , yet none may sell the truth . i will follow the method of the words , beginning with the first proposition . all the sonnes of wisdome , must be carefull to buy the truth . herein by gods gracious assistance , i will take a view of severall branches , enquiring by way of explication and confirmation . . what is the commoditie it self , this truth that must be bought ? . into the nature of the purchase , with the price of it . . what reasons may engage us to trade in this commoditie . and then ioyntly shake them altogether in the application , trying what seasonable fruit they will affoord this grave assembly on this solemne day . every one will be euquisitive concerning the commoditie it self : what is this truth ? i answer , not a metaphysicall truth , that 's for speculation only , not a logicall truth , that 's chiefely for disputation ; nor a morall ethicall truth , that 's but one sprig of speaking ; [ veracitas rather then veritas ] salomons truth here must needs be theologicall . and that not veritas o prima , god himself , no creature can compasse so great a purchase , if god were willing to sell it , but veritas o prima , derived from that first truth , this may , and must be bought . this is veritas objectiva , as it lyes in the scriptures , both in the principles of it , and conclusions deduced from it ; truth originall and truth derived . and veritas subjectiva seated in us , which we sucke from the word of truth . indeed truth of religion in us , grounded upon the holy scriptures the rule of truth ; which comprizeth truth in our iudgements , when soundly informed ; truth in our wils and affections , when obedientially conformed ; truth in our conversation , when seriously reformed according to the word of truth . there are things in truth well worth our buying , first libertie of truth , that the true religion may have free passage , and not be imprisoned in corners or clogged with difficulties . veritas nihil erubescit praeterquam abscondi . truth blusheth at nothing so much as to be concealed . paul desireth the thessalonians to pray for him , sylvanus and timotheus , that the word of god may run and be glorified . it is a disparagement to christ and his gospel , when that hath so much adoe to creepe , which should run and ride in triumph from congregation to congregation , from kingdome to kingdome . but a most beautifull and honourable sight to see christ at the opening of the first seale , with a bow and a crowne , going forth conquering and to conquer , subduing the heathenish world to the obedience of his gospel by the preaching of the apostles . what though a river be full of good water , yet if frozen , if not an open passage , men may die for thirst . it is the motion of the sun of righteousnesse , that disperses both light and heat . libertie of the gospel makes it a gospel to us . the church in the acts knew how to value this libertie of truth , and therefore when peter was imprisoned instant and earnest prayer was made ; the answer was as effectuall . peter released , herod confounded , and truth set at libertie . of all famines , the soul-famine , gospel-famine is the most grievous , threatned as an heavy judgement , amos . , . but a most sweet mercy to feel and taste the accomplishment of that promise , isa. . . though the lord give you the bread of adversitie , and the water of affliction , yet shall not thy teachers be removed into a corner any more , but thine eyes shall see thy teachers . secondly , puritie of true religion , is a good purchase as well as libertie . that we may have an incorrupt religion , without sinfull , without guilefull mixtures ; not a linsey-woolsey religion . all new borne babes will desire {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , pet. . . word-milke , sermon-milke without guile , without adulterating sophistication of it , of which paul glories , cor. . . for we are not as many , which corrupt the word of god : but as of sinceritie , but as of god , in the sight of god speake we in christ . whose zealous care it was , cor. . . to espouse the church of corinth to one husband ( no polygamy in the second marriage ) that he might present them as a chaste virgin unto christ . this he endeavoured by pure gospel means , and by perswading to puritie and singlenesse of heart in the use of those means . the devill is as busie vers. . to corrupt peoples minds from the simplicitie that is in christ ; well knowing the simplicitie that is in christ , is the best rule for the churches conformitie , to this we may subscribe without any checke of conscience . and indeed , what are false religions , but humane compositions . the alcoran compounds mahomets fond devices with some fragments of gods word . popery compounds unwritten traditions most presumptuously with holy scripture ; yea it rakes up heathenish customes , revives old jewish ceremonies which are now mortuae & mortiferae dead and deadly , compounding them with the institutions of christ . you may discerne such mixtures in many errors , about the great mysteries of the gospel , even in every linke of the golden chaine of salvation , rom. . . arminians in the decree of election compound foreseene faith , with the soveraigntie of gods will . in vocation , so compounding mans free-will with gods free grace , that with them in the act of conversion prima causa depends upon secunda , the power of gods grace must wayte upon the concurrence of our good nature . popish doctors doe strangely compound works with faith in the act of justification ; and in glorification , so compound the merits of the saints with the merits of christ , that by a condignitie they become meritorious of eternall life ▪ let the devill affect vaine compositions ; the whore of babylon must paint her wrinckled face with some borrowed beautie , to cover her inward deformities ; christ and his truth , will glory in no vernish so much as native simplicitie and puritie . thirdly , truth must be purchased as well in the power , as in the libertie and puritie of it . there should be such a streame as runs purely without mud , and that in a strong torrent . hypocrites will swarve in the last age , when most gospel-light breaks out , many painted professions will borrow some lustre from it ; this paul foretels , tim. . . in the last dayes together with many streames of wickednesse , there will be a generation of men having a forme of godlinesse , but denying the power of it ; a good description of hypocrisie . but the lord bespeaks power , both in the dispensing and the professing of truth . paul desired to preach in the demonstration of the spirit , and of power , cor. . . as well knowing that the kingdome of god is not in word , but in power , cor. . . it is not wording , but working the power , that will evidence to speaker or hearers , that they are subjects in the kingdome of grace and heires to the kingdome of glory . this paul made an argument of their election , thess. . . that the gospel came not to them in word only , but in power and in the holy ghost ; much power appearing in the dispensation of it , and the thessalonians hearts so fully possessed with the power of the truth , that their carnall principles were confuted , their passions moderated , their lusts mortified , and their self-ends confounded . most men affect in religion , either a dull moderation , or an outside pompe , both enemies to the power of truth . moderation doth better in other things , then in the practise of religion , where there cannot be a nimium . god requires totum cor and totum cordis , the whole heart , and the totalitie of it ; that we should love him with all our heart , with all our soul , and with our strength , luk. . . indeed moderation hath its season , but with calvins caution ; i confesse ( saith he ) there ought to be moderation , yet this i constantly affirme , care must be had , that under pretence of moderation , nothing be tolerated , which proceedeth from the devill or antichrist . neither must we so affect the outward pompe of religion , as to neglect the power of it . hilary his counsell was good , who writing against auxentius bishop of millaine , complained that the arrian faction had confounded all , and therefore admonished all men to take heed , how they suffered themselves to be led with outward appearances . it is not well ( saith he ) that you are in love with walls , that you esteeme the church in respect of houses and buildings , and in , and under those shewes and appearances pretend and urge the name of peace . is there any doubt of antichrists sitting in these places ? this makes popery such a religion as pleases mens eyes , and humours their eares , rather then rectify their mindes , and heale their hearts , because they seeke not so much to purchase the power , as the pompe of religion . having layed open before you the commoditie it self to be purchased ; truth in the libertie , puritie , and power of it ; it s necessary further to enquire into the nature of the purchase , with its price . as all other markets , ordinarily begin at home ; so indeed our trading for truth . the spirit of god , having convinced the heart , how farre it is come short of the glory of god by sin , rom. . . and that men are alienated from the life of god , through the ignorance that is in them , ephes. . . withall , giving the soule an hint and taste of the excellencie and sweetnesse of divine truth , the only soveraigne means of its recovery , it groanes most seriously , and pants most affectionately after acquaintance with the truth and possession of it . and that not only by some cold velleitie , by some dull wishing and woulding ; but by a peremptorie choice ; not by wandring and flashy , but constant and fixed desires ; not by lazie and slothfull , but operative and busie desires ; truth i would have , yea truth i must have , els i am everlastingly undone . affectionate desires , as they live and move in opinions ; so they produce actions , inclining us to take pains for the obtaining of that we would possesse . they adde wings to the soule , making us to flie like busie bees from flower to flower , from ordinance to ordinance , that we may sucke the sweetnesse of truth , which is sweeter then honey , and the droppings of honey combs . the purchase of truth , is carryed on by such an active disposition , as the spouse in the canticles had to enjoy her beloved ; i will rise now and goe about the streets , and in the broad wayes , i will seeke him whom my soule loveth . every buyer of truth , must be willing with little zacheus to get up into any sycomare tree , to take all gospel advantages , to gaine a sight of his saviour , to behold christ who is truth it selfe . truth is an hidden treasure , matth. . . sometimes hidden from us by the difficultie of scripture wherein it is contained , god thereby putting a value upon it , and an edge upon our studies and prayers ; sometimes hidden by differences amongst learned men . law may be clouded by a multitude of booke cases ; and divinitie obscured by a multitude of schoole utrums . many times truth is hidden by the scandalous lives of such as professe it . carnall spectators being much more quick-sighted to apprehend the deformity of religious men , then the beauty of religion it selfe . and too often hidden under great disgrace in the world , being stiled , heresy , schisme , faction . yea religion it selfe accounted the greatest crime . this treasure lies often so deep , you must be content to sweat in digging for it before you can obtaine it . all they who would purchase truth , must not onely be like merchant men seeking goodly pearles ; matth. . . but withall , be able to discerne when they have found a pearle of great price , vers. . to know whether it be a pearle or pibble ; that it is not drosse , but gold bearing the stamp of truth . there is much doubtlesse in that of the apostle paul , col. . . walke in wisdome toward them that are without , redeeming the time . all good merchants must be redeeming time , improving all hints of doing good , of enjoying gods ordinances , wherein you may trade for truth . observe the connexion ; walke wisely towards them that are without , redeeming the time . the church was then under persecuting governors , and vexed with bad neighbours , both enemies to the trade of truth ; yet you must be purchasing ; only wherein walke so wisely towards them without . . that you violate not the peace and puritie of your owne conscience . . that you deface not the stamp of divinitie upon authothoritie . . that by a rigid austeritie you alienate not others from truth . . nor by a complying familiaritie with them in their sins , harden them against the truth . the soule that thirsts after truth , having taken paines , how according to the rules of godly providence , it may be possessed of that it so dearely loves , is now willing to conclude the bargaine by paying the price . solomon here mentions no price , because he would have us buy it at any price . sometimes it may cost us credit , and libertie , as it did the apostles , acts . . sometimes it may cost us the losse of goods , as it did those christians , hebr. . . yea , sometimes life it self , must be the price of truth . we must be content to follow that cloud of witnesses , which appears in that little booke of martyrs , the th chapter to the hebrews , we must write after that heroicall copie which our owne worthies have set us , who sacrificed their dearest lives , to the crueltie of bonners flames , that they might possesse the truth . truth is so precious a jewell , you must never expect to have the markets cheape . the devill at first laid siege against the truths , which were most fundamentall , that so he might have ruined all the buildings ; he would by the subtiltie of ancient hereticks have huckstered up those truths , which concerned the natures and person of christ , this cost very deare , before the foure first councells could settle truth against the hereticks of those times . afterwards , when poperie invaded all the offices of christ ( such a dangerous gangreen is it ) undermining him , as the prophet , as the priest , and as the king of his church , it cost no little blood in england and germanie , to vindicate the doctrine of divine worship , and of the holy sacraments , from such errors as opposed the propheticall and priestly office of christ . that branch of truth about church government and discipline , so much concerning the kingly office of christ , is of rich value , if the markets should rise , we must drive on the bargaine what ever it cost . no price too great for the obtaining such a purchase , to see our deare saviour advanced in all his offices ; as the churches prophet , without being beholden to unwritten traditions ; as the priest of his church , without the satisfactions of any meritmangers , without any purgatorie , any bridewell of the popes making ; as the king of his church , above miters , above canon-laws , or any church usurpations whatsoever . after the discovery of the nature of this purchase and the price of truth , its fit to consider what reasons may engage you all to trade herein ; which are divers , according to the various reference ▪ truth hath to things of high concernment . never expect to have the spirituall and eternall good of your owne immortall souls effectually promoted , unlesse you buy and be possessed of truth . . the word of truth , is the seed by which we are begotten againe , iam. . . yea incorruptible seed , which liveth and abideth for ever , peter . . untill the truth hath delivered us , what are we poore sinners , but an heape of dry bones , so many dead carkases rotting in the grave of corruption . . it is the milke , by which new borne babes are nourished , peter . . by this they grow in the habits , in the degrees , in the exercise of grace . strangers to the truth , like the prodigall , live upon husks , and lay out their money for that which is not bread , isa. . . . naturally , as the sonnes and daughters of adam , we are stained with many spots , steeped in corruption , polluted with filthinesse of flesh and spirit , corinth . . . truth is the water by which we are cleansed , ioh. . . . when we goe groping up and downe in in the darke , exposed to errors , besieged with terrors , truth affoords us direction and consolation , psal. . . . truth is the armour , by which you are defended against your spirituall enemies , and enabled for offensive warre . amongst the sixe peeces of our spirituall armour , three of these have speciall dependance upon the truth . you must have the girdle of truth , ephes. . vers. . beshod with the preparation of the gospell of peace , vers. . and take the sword of the spirit , vers. . . and indeed the word of truth , is the gospell of your salvation , ephesians . . the charter by which the corporation of saints , challengeth such rich priviledges ; the articles of that covenant , which doth entitle them to such blessed hopes . you cannot hope to finde gods gracious acceptance of your service , nor enjoy any soule-refreshing communion with him in the duties of his worship , unlesse truth direct and animate your spirits therein . when david was engaged in a pious and plausible service , in fetching the arke from kiriath-jearim , chronicles . he consulted , vers. , . the people consented , vers. , . there was much confluence and triumph , vers. . the oxen stumbling , vzzah upon a faire pretence , put forth his hand to uphold the arke , yet god would not accept of his faire intention , but smote him that he dyed , vers. . the reason is rendred , chronicles . vers. . because god was not sought after the due order , his truth was not observed , in the carrying of the arke , as vers. . with reference to this story , peter martyr commends it , to the care of queene elizabeth , that church governors endeavour not to carry the arke of the gospell into england , upon the cart of needlesse ceremonies . there are two flyes which marre the most precious pots of oyntment . hypocrisie and superstition , as isaiah . . wherefore the lord said , forasmuch as this people draw neere to me with their mouth , and with their lips doe honour me , but have remooved their heart farre from me , and their feare toward mee is taught by the precept of men . in both a great defect of truth . hypocrisie is lip-labour , and lip-labour is lost labour ; no dutie acceptable without truth of heart in it ; superstitious worship , taught by mens precepts , may be devout enough , yet because it wants the authoritie of gods truth to steere it , how marvellously doth god curse it , vers. . therefore behold , i proceed to doe a marvellous worke amongst this people , a marvellous worke and a wonder : the wisdome of their wise men shall perish , and the understanding of their prudent men shall bee hid . when the devill hath made men superstitious , god will make them foolish , he takes no pleasure in them . the best of our practicall christianitie , even our most solemne addresses to god ( upon such a day as this ) ioose their vigour and blessing , if custome only or formality act us herein , and not conscience to gods truth . what are good christians , but rules of truth , become examples , yea living , walking pictures of divine truth . when the wantonnesse of humane wisdome , will multiply will-worship , and wit-worship , thinking to please god with better devises then his owne , it turnes to grosse folly , and ends in much mischiefe , rather then acceptation . witnesse gideons ephod , iudges . vers. . yea , such men take much paines to loose their labour , and matthew . vers. . in vaine doe they worship god , teaching for doctrine , the commandements of men . never expect the gracious presence of christ in his churches , unlesse you purchase truth , and set it upon the throne , revel. . . he walketh in the middest of the golden candlesticks , whose office it is to hold forth the truth . the beautie and efficacie of church government and discipline , depend upon their conformitie unto divine truth . it must regulate church power , and discipline church administrations , else they will soone loose their lustre and authoritie ; degenerating either into emptie formalitie , or into church tyranny , which of all other is most grievous , because so oppressive to the conscience . hence such uncouth catalogues of church officers amongst the papists : pope , cardinals , &c. hence such swelling volumes of their canon law , because not divine truth , but carnall wisdome drew the platforme . hence so many of our temples , made houses of merchandize , wherein , as in the darknesse of popery , indulgences were , absolutions are bought and sold . yea , hence the sword of excommunication which was wont to be formidable , because drawne with so much solemnitie , is now made contemptible , because so familiarly abused upon trifles ; and all this , because divine truth hath had no more power in our consistories . and this doubtlesse doth much foment the present distractions of the church , that either fancie or affection should put such high claimes upon things , as suddenly to style them institutions of christ , or usurpations of antichrist , not sufficiently consulting with divine truth . if our prelaticall power , and cathedrall pompe , be of divine right , let us see a divine word for it ; what need we such violent arguments to maintaine them , oath upon oath , subscription upon subscription ? let christ himselfe be acknowledged as king in his church , as lord in his house , let the word of truth be our booke of canons , our books of discipline , and then if . paul were our visitour , he would rejoyce to behold our order , as colossians . vers. . yea , then we shall undoubtedly find the broad-seale of heaven , confirming what is done , when we follow the guidance of christ in his owne truth , matth. . , , , . the best way to promote the most publique good of all the churches , is by advancing the trade of truth . this publique counsell should move in the most publique sphaere , seeking good for themselves and others , both at home and abroad . the eyes of all the three kingdomes , yea , of the protestant world are now upon you , expecting much from your influence . you can never contribute fully to the worke , of reformation here , unlesse you set truth at libertie ; neither shall you be so effectually helpfull to all the protestant churches , though you should recover their lands and regaine their territories , unlesse you re-establish their religion , by opening a free trade of truth amongst them . truths advancement is one of gods great designes ; kingdomes are for churches , and churches golden candlesticks to hold forth truth , that therein christ may appeare in his most glorious lustre ; when the banners of truth are universally and victoriously displayed , the kingdomes of this world shall become the kingdomes of our lord , and of his christ , and he shall reigne for ever and ever , revel. . . how came popery to be advanced to so great height , but by suppressing truth ; the mystery of iniquitie wrought in the apostles times ; it went on by steps ; the pope was first antichrist nascent , then antichrist crescent , after antichrist regnant , but when he was made lord of the catholike faith , so that none must beleeve more , nor lesse , nor otherwise then he prescribed , he became autichrist triumphant . the pope is guiltie of the grossest theevery , he robs the sacrament of the cup , the scriptures of their authoritie , and the church of the scriptures ; as theeves blow out the candles , the better to conceale themselves , and carry on their designes ; so he suppresseth , as much as he can , the light of truth , that with more advantage , he may play his pranks , and creepe undiscerned in the darke . if you would lay siege to the devill or popes kingdome , and undermine all the crutches and supporters of it , set truth at libertie . zachary . vers. . the great mountaine of opposition must be moved , not by humane power and might , but by the spirit of the lord of hoasts , not only by his power but by his spirit , because church works must be carryed on in a way of enlightning and revealing the truth . thus the wise providence of god wrought formerly , when a generall councell ( though by many groaned after ) could not be obtained with the consent of the clergy and court of rome , to whom reformation would be a certaine ruine , he stirred up divers heroicall worthies , waldus in france , wickliffe in england , luther in germany , knoxe in scotland , to despise the light of truth ; and revel. . vers. . after the flying angell , having the everlasting gospell to preach unto all that dwell on the earth , then vers . . there follows another angell saying , babylon is fallen . doubtlesse the pope must fall not only by the sword of princes , but by the sword of the spirit , thessalonians . vers. . that wicked one must be revealed , and consumed with the spirit of the lords mouth . if you would have the mystery of iniquitie unmasked , see the popes triple crowne tumble , and the thicke mist of popery vanish , help forward the bright sun-shine of gods word , promote the libertie , puritie , and power of truth . you have had a discovery of some few sprigs , growing upon this first proposition , let us in the application , gather the wholesome fruit which hangs upon them . it is the good hand of god upon us , when so many of our brethren in ireland , are still bleeding under their enemies crueltie , that we are at libertie in this solemne ordinance , to plead with our god for mercie . oh that this day of self-humbling , might be to us in the use of it , according to its nature , a self-searching , or soul-purging day . my commission is , to hold forth the glasse of gods truth before your eyes , that you may may discover your spots and defects . let it be your worke , to reade over your selves , as well as your bibles ; to speake and write retractations of your former errors , and confessions of your miscarriages ( i wish we could all be augustines herein . ) the lord knoweth what volumes many of us might fill , if we were but well studyed in our selves . and together with the long catalogue of all our other sins , our neglect of truth must come in , as having a great influence into the rest : for this we may blush and bleed , yea rivers of teares are too little to bewaile this , that in all our designes , we have so little minded to purchase the libertie , the puritie and power of true religion . adam and eve began to make very bad markets , to sell themselves and posteritie , for the forbidden fruit . prophane esau , sold his birth-right for a messe of pottage , heb. . . how many with absalom , to humour their vain-glory , will set the peace of a kingdome to sale ? how many with haman , to gratifie proud revenge , will set a whole church to sale ? some with iudas , will set up their saviour to sale for thirtie pieces . others with diotrephes ( the first cocke of the game ) that they may fill their sailes with church-pompe , and church-power , will set the keyes of church and ordinances of christ to sale . lay your hands upon your hearts . to be purveyours for your lusts , as the prophane , romanes . vers. . to be merchants for the pope , as the superstitious innovators . to be proctors for the devill , as gospell-opposers , what saith conscience ? is this to buy the truth . give me leave ( honourable and beloved ) to come neerer you , with three plaine queres . i study not alta but apta proferre . have you gotten your owne hearts possessed with the power of the truth ? hath gods word a throne in your consciences , colossians . . let the word of god dwell richly in you . if it dwell there . first , it must intrare , then residere : it must dwell and abide there , exercising a soveraigntie over you , ever drawing open into an humble familiaritie with it . what fruitfull knowledge have you gotten in the mysterie of doctrinall and practicall godlinesse . they who know the grace of god in truth , will bring forth fruit , colossians . vers. . doth the truth of your religion appeare in your relations , in the uniformitie of a gospell conversation ? as phil. . vers. . aske your hearts , whether in all your undertakings you move upon religious grounds , and for religious ends . god doth not onely number , but weigh our actions , and observes not onely what is done , but why it is done . the the word of truth must be our judge ; therefore now let it be our counsellor . it is philpots glosse upon iohn . vers. ( the word that i have spoken shall judge him in the last day ) if the word shall judge us , then much more ought it to be a judge of our doings now . have you set up truth in your owne families ? it is most odious for a minister of christ to flatter , to dawbe with untempered morter at any time ; but most abominable upon a day of humiliation . you reckon your house , your little common-wealth ; by what law is it governed ? doth the word of truth , the scepter of righteousnesse beare sway there ? whence then so much licentiousnesse tolerated in the servants ? so much dissolutenesse in the children ? so much oppression , tyranny , and ( too often ) other wickednesse in your selves , and such distempers in family relations ? psal. . vers. . david would walke in his house with a perfect heart . such as served him , he would either finde them , or make them gods servants . you would have others thinke your houses are churches . what thy house a church to god , and thou a covetous idolater ? thy house a church to god , and thou an uncleane sonne of belial ? what concord hath christ with belial ? what agreement hath the temple of god with idols ? the argument is as strong for magistrates as for ministers , tim. . . if a man know not how to rule his owne house , how shall hee take care of the church of god ? how can you be good reformers both of state and church , unlesse you be first reformers of your selves , and your owne families ? light is a great advantage to an house , especially the light of truth . the father of lights , is not pleased to dwell in a darke habitation , such a corner is fitter for satan , the prince of darknesse . it was a very honourable report , which melancthon giveth of prince anhalt , cubiculum ejus erat , academia , curia , templum ; his bed-chamber was an academie , a court , a temple . the lord gives you a share in this honour . let not your chambers be academies onely , for the advanocment of learning ; or courts , for the daily dispatch of publique affaires ; but temples for the worship of god , and calling upon his name . give the people not onely rules , but examples of reformation . let religion be first advanced in you , it will the sooner bee setled by you . have you imployed and improved your publique interests to help forward the trade of truth , to promote religion in the libertie , puritie , and power of it ? never was any parliament the sonne of so many prayers and teares . never had any a larger share in that blessing of the lord upon ioseph , deut. . vers. . feeling the good will of him that dwelt in the bush , so often burning , yet not consumed . what reciprocall reall love have you expressed unto god , and the cause of his truth . when moses proposed that question , exod. . vers. . who is on the lords side ? the sons of levi gathered themselves together , vers. . and by their zeale , obtained a blessing in moses his catalogue , when their brother simeon was left out , deut. . vers. . we live in shedding , discriminating times , it is a frequent question , quarum partium ? on what side are you ? if this be the question , who is on truths side , what eccho , what answer will you returne , oh you great counsellors ? suppose this day , god and thy conscience held a closet committee , the lord saith , i have put such a rich price into thy hand ; i have betrusted thee with an influence in the grand affaires of the church ? what saith conscience ? what hast thou done ? what wilt thou doe , by speaking , voting , by hand , heart , purse , for the truth ? davids question is most seasonable , chron. . vers. . who is willing to consecrate his service this day unto the lord ? oh that you might returne the same pious answer , with the chiefe of the fathers , and princes of the tribes ; who all offered willingly , vers. . could you finde this fruit upon your self-examination , doubtlesse though you may serve this day in sorrow ( as you ought to doe upon a soul-afflicting day ( in sighes , in groanes , in teares ) yet you shall reape in joy . to engage and quicken your utmost endeavours for the happy purchase of truth . you may please to looke upon your selves ( honourable and beloved ) in a double capacity . first , as merchants , trading for your owne everlasting good . then as publique factors , betrusted with the best good of many hundred thousands . in a merchant or factor there are some speciall requisites , . wisdome . . activity . . resolution . first , wisedome , to discerne both the commodities themselves , and opportunities of trading . the first use of wisdome is to discerne the commodities themselves . religion must not be taken upon trust . faith is gods way to save us , credulity the devils method to undoe us . thess. . . try all things , hold fast that which is good . and by sound knowledge possesse your selves most carefully of such truthes , as are most necessary . those that are fundamentalia in fide , or in praxi , buy them at any rate , but sell them at no rate . there are magnalia , and minutula legis . it will argue much hypocrisie to be substantiall in circumstantiall truthes , and circumstantiall in the substantials of faith and repentance . let us wisely proportion our zeale , according to the nature of the truths themselves . this counsell paul giveth his titus . matters of consequence , he must affirme constantly , but , avoid needlesse questions , tit. . . it were a seasonable improvement of your wisedome and power , to hinder the devils or popes chapmen , from opening their packes of adulterate wares , and to put an high value upon such precious parcels of truth , as have a great influence both into doctrinall and practicall religion . give me leave here in the behalfe of truth , to suggest some briefe hints . first , put in caveats against arminian errours , which doe so extenuate originall sinne , and magnifie the power of nature , that they feed our hereditary disease of pride , and eclipse the glory of gods grace . oh trade for the doctrine of free grace . maintaine the king of heavens prerogative . in the spirituall building , grace laid the first foundation , in gods free , eternall purpose . grace erecteth the wals , yea and addeth the top-stone . eternity will be little enough to admire , to adore , to cry grace , grace ; therefore carefully possesse your selves of this truth against the enemies of grace . secondly , minde the promoting of those truthes which justifie the purity of divine worship , according to gods owne will , against popish and superstitious innovators . there is a bewitching pompe in the out side of popery , which intangleth some . ancient writers used many wanton metaphors , and such a liberty of expression , before the mystery of iniquity was discovered , which deluded others . there is a disposition in all corrupt natures , no lesse to spirituall then bodily fornication . vindicate therefore the second commandement , which papists have expunged , and others so much clouded . where god hath professed himselfe jealous , let us be zealous , of trading for such truthes . thirdly , put a value upon such truthes as discover the dangerous errours of socinianisme , which is no better then a complication of many antient heresies , condemned by ancient councels . a doctrine that undermineth the merit and satisfaction of our saviours death ; that will scarce allow faith to swimme , where reason cannot wade ; that will so farre bring downe religion to reason , that we must beleeve little more in divinity , then we can see in reason . arminianisme gratifieth the pride of will ; popery the pride of outward sense , and socinianisme the pride of carnall reason . fourthly , let truthes for the sanctification of the lords day , be pretious truthes . gods institution of that day , bringeth with it a speciall character of holinesse , and an influence of a peculiar blessing , god hath sanctifyed and blessed it . yea , in the primitive times it was a badge of christianity . when the question was propounded , servasti dominicum ? hast thou kept the lords day ? the answer was , christianus sum , intermittere non possum ; i am a christian , i cannot neglect it . there was no little danger in the anti-sabbatarian doctrine ; seeing upon gods owne day , we professe publiquely our communion with god in his ordinances . then we expect to enjoy the richest influence from him . and if men could dispute away our christian sabbath , we should soone lose the vigour of our practicall religion . god having made it holy by institution , by ordination , let us keepe it holy by observation . the second use of wisdome in factors , is to know and consider their opportunities . ephes. . , . see that ye walke circumspectly not as fooles but as wise , redeeming the time . hierusalem in this was , as unwise , as unhappy , that she knew not the day of her visitation , luk. . , . who did expect such nutus providentiae , hints of divine providence , as god hath afforded to unworthy england in these two last yeares , to repossesse her of that truth which many thought departing ? the philistins had almost taken our arke . our friends , our enemies , our selves , our owne guiltinesse passed a sentence of death upon us . we discovered so many leakes in ships of church and state , as if both were sinking . the tempest was great , our saviour seemed to be asleepe , our onely refuge was to cry , lord save us , we perish , mat. . . the sword hath rid circuit for above twenty yeares in germany ; many candlestickes of truth thence removed ; that paradise almost turned into a wildernesse . poore ireland is in danger to lose that religion they had , with their estates and lives , preachers hanged , professors murdered , bibles burnt , and all with prodigious cruelty and blasphemy , &c. yet sinfull england , like gideons fleece , dry in comparison , when others sleeped in their owne blood . observe , i beseech you , like wise factors , the seasons to trade for the setling true religion . it is true , we are now full of sad distractions ; blacke and bloody clouds beginne to gather ; yet , may not faith ( through them ) spy out the sunne of righteousnesse shining graciously upon unworthy england ? as hag. . . i will shake all nations , and the desire of all nations shall come ; and i will fill this house with glory , saith the lord of hosts . historians report , that about the yeare . when leò the tenth was making some thirty cardinals , there was such a terrible tempest in the church , that shaked the babe out of the virgin maries armes , and the keyes out of saint peters hands , which they interpreted as ominous , and indeed so it proved ; shortly after luther arose , who so much battered the popes power . the sword is already shaken out of our great church-mens hand , by parliamentall power , the keyes doe not hang so fast under their girdle , as they did , &c. we dare not but hope , these are engaging providences of god , earnest-pennies of some great payment yet behinde . oh therefore know , and redeeme your opportunities to trade for truth . activity , to pursue occasions , and follow all advantages . if you would be fully possessed of the knowledge of the truth ; you must seeke for her as for silver , and search for her as for hid treasure , prov. . . by a most unwearyed industry , search every mine . plato calleth merchants , planets , that wander from city to city . you will never trade for truth in good earnest , till you expresse an inquisitive , active disposition , in the cause of religion , knocking at every doore , plying every m●●ket , where you may purchase any acquaintance with the truth . first , goe not onely to the shop of nature , or the schoole of philosophy . the candle which nature affordeth us , is good ; but it will be burnt out before we come to our journeyes end . philosophy may seeke truth , theology findeth it , religion doth possesse it . philosophy is not the field wherein the pearle of truth lyeth , but rather a hedge and ditch about the field , to defend it , from the invasion of subtill disputants . secondly , neither must we seeke truth , onely in the decrees of councells , in the traditions and testimonies of the church . councells are like rivers of water , very profitable , so long as they hold themselves within the compasse of the banckes , but if they swell and overflow ( as too often they have done ) they prove very hurtfull to the field of the church , even to truth it selfe . the councell of constance commeth in with a non obstante against christs institution , with-holding the cup from the sacrament . our faith and truth was at first delivered to the saints , jude ver. . and we hold it still per ecclesiam , though not propter ecclesiam ; by the ministery of the church , though not for the authority of the church , john . . all they who are genuine children of the church , not onely by the mothers side , but by the fathers also , will not onely beleeve as the church beleeveth , but as their heavenly father teacheth them , and because he teacheth them . thirdly , but in searching out for the truth , goe to christ himselfe , who is truth it selfe , john . . jesus saith unto him , i am the way , the truth , and the life . attend upon christ in the use of his word , which is a word of truth , prov. . . blessed is the man that heaneth me , watching daily at my gates , waiting at the posts of my doores . if ever god ripen your councells about a synod , we hope to receive the same direction from you , that constantine the great gave the councell of nice . take the resolution of things in question , out of divinely inspired writings . doe not onely bid us enquire what reformation was in our ▪ josiahs time , king edward the sixth ; nor what in our deborahs dayes , queene elizabeths , ( though we must for ever blesse god for the light that appeared in those times ) doe not onely put us upon inquiry what ignatius said , or what cyprian did ; they must be very wise children who know their fathers faces and writings , after so many of their adversaries scratches . rather bid us give you an account , what luke holdeth forth in his story of the acts of the apostles , what paul intimates in his epistles , that so divine truth may triumph , and we enjoy a scripture reformation . in divine things we may attribute somewhat to antiquity , yet in matters that concerne church pompe , and church power , we must be jealous how we trust the ancient fathers , because ( good men ) they saw the mystery of iniquity but darkely , and at a distance , which wrought strongly , not onely in corrupting doctrine with errours , but divine worship with ceremonies and church government with tyrannicall usurpations . then , and then onely , is truth like to triumph in church-assemblies , when gods word is there advanced . cyrill saith , in a synod at ephesus , upon a high throne in the temple , there lay , sanctum evangelium , the holy gospell , to shew that christ was both present and president there . resolution , to backe a publique factors wise activity ▪ this would make you willing to grapple with difficulties , to expose your selves to troubles and hazzards , and to be at any cost and charges , that you may possesse your selves and the kingdome of the true religion . poore england hath long beene in a travelling condition , felt many bitterpangs , findeth now twins in her wombe , jacobs and esaus , wrastling for the birth-right , high contestations betwixt eliah and baalls priests ; now it is a day of trouble and astonishment : great things are come to the birth , onely there wanteth strength to bring forth . what will you resolve to lay out to possesse this dis-joynted kingdome of the truth ? imagine the casting of the ballance , the composing of all church difference depended upon thee alone , what wouldest thou contribute to purchase truth ? nazianzen put this price upon his athenian , learning ( wherein he was very famous ) that he had something of value to part withall for christ ; oh that you could say the same of your honours and estates , reckoning this the goodnesse of all your good things , that you are enabled to doe good with them in the cause of christ and his truth . it was heroicall zeale in basill , who for his constant and bold defending of the truth against the arian heresie , being threatned death by valens the emperour , answered , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , oh that i might dye for the truth ! i beseech you ( noble worthies ) by the many petitions you have had from men , by the solemne protestations you have made to god , by his wonder-working providence about you , and by the dependance the protestant cause abroad hath upon you , stirre up your resolution in the behalfe of truth . would you have the name of this parliament embalmed with everlasting perfume ? improve your power for the true religion . justifie our magna charta , the grand charter of scripture truthes , that doth entitle us to salvation . confirme unto us our petition of right , establish upon pastors and churches , so much interest in the power and use of the keyes , as the word of truth doth allow them . maintaine amongst us a free course of trading for eternall happinesse , set and keepe open those shops , such pulpits , such mouthes , as any prelaticall usurpations have , or would have , shut up . secure to us not onely liberty of person and estate , but also liberty of conscience from church tyranny , that we be not pinched with ensnaring oathes , clogged with multiplyed subscriptions , or needlesse impositions , which will rather increase then compose distractions . together with priviledges of parliament , let us have church-priviledges vindicated , helpe us to purge out that old leaven , whether of doctrine , of disposition , or persons , that we may have sacraments more purely administred , according to the rule of truth ; let us be sure of this militia , inviolably setled , the sword of the spirit , which is the word of god , ephes. . . guard that magazine , wherein are laid up the weapons of our warfare , that are mighty through god , to the pulling downe of strong holds , cor. . . so shall we be put into a good posture for reformation . act undaunted resolution , in the prosecution of these religious designes , then may you confidently expect christs glorious and gracious presence amongst you . luther would assure you thereof , where the word of christ doth raigne , saith he , there are the eyes of christ fixed on the holy professors of truth , but where the word of man reigneth , although there were as many popes , as there be leaves in the wood , and as many card●nals , as graines of corne , &c. as many bishops , as drops of water in the sea , and all of them glittering in gold and jewels , gemmati , purpurati , mulati , & asinati , to maintaine their owne lawes , yet are christs eyes turned away from them . truth , though it must be bought ; yet it may not be sold . the wisedome of scripture directs us to severall purchases , isai. . . every thirsty soule is invited to come and buy waters , wine , and milke ; seeke to christ upon his termes , for variety of sweet soulemercies ; rev. . . we are counselled to buy of christ , gold tryed in the fire , the pure graces of gods spirit , and the purity of ordinances ; ephes. . . we must be redeeming the time , not only taking opportunities of doing and receiving good when they are offered , and seeking them when they are wanting , but buying them at any price . and indeed christians should be chapmen to buy , rather then salemen to sell . we are commanded to buy , that we may possesse , the end of this possession is use ; what spirituall commodities we have purchased , we must improve for god and our soules , but not alienate them from our selves . there are three sorts of hucksters will be ready to engrosse the truth from you , if you be willing to sell it . malignant persecutors , are engrossing huckesters , who watch to interrupt the liberty of the truth . these , even as jannes and jambres withstood moses , resist the truth , men of corrupt mindes , reprobates concerning the faith , tim. . . and indeed , therefore resist the truth , because their mindes are so corrupt . such the apostle cals {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , absurd , men , thess. . . men compact of meere incongruities , solaecising in opinion , speeches , actions , and whole life , yea unreasonable men , for all men have not faith , ver. . religion is the highest reason , nothing more irrationall then irreligion . from such spirits arose those conspiracies against the apostle , endevouring to scotch the charriot-wheeles of truth , when they began first to move . no sooner did steven plead for truth , but some were suborned against him ▪ act. . . no sooner did saul beginne to preach the truth , but opposers began to consult to kill him , act. . . though not long before he had beene a busie apparitor and pursevant , to arrest the saints , and dragge them to their high-commission , act. . . [ a strange and suddaine change in them , as well as in him . ] origen saith of the devils ; no greater torment to them , then to see men addicted to the scriptures . the same temper of spirit appeares in the devils agents upon the killing of the witnesses , rev. . . they that dwelt upon the earth shall rejoyce over them , and make merry , and shall send gifts one to another , because these two prophets tormented them that dwell on the earth ; and therefore they will adventure peace of conscience , and hope of heaven , yea , the whole stocke upon it , that they may buy up truth out of the churches hands ; and sometimes malice rises to such an height , that even in england the bible must be burnt , as strange doctrine . seducing heretickes , whose endevour is to corrupt the purity of truth . the great apostasy from the faith , tim. . . is brought about by giving heed to seducing spirits . the pope hath many emissaries abroad , who joyne with the devill , studying a method of soule-deceiving , and truth-betraying . compare ephe. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , with ephes. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , you shall find the devill and deceivers artificially methodizing their snares to draw us from the truth , pet. . ▪ false teachers have alwayes practised to bring in damnable heresies . the beginnings of grosse errours may be modest ; yea , the foulest heresies may at first appeare with faire faces . the serpent creepes into the paradise of the church by degrees : as cor. . . his plot is to corrupt peoples mindes , from the simplicity that is in christ ; first , he will puzzle them with a question , as he did eve , put a command of god , a knowne truth to be disputed , then helpe them to mint some distinctions , ( which are not alwayes so happy in divinity as in philosophy ) thereby to relieve and helpe in an error . and here it may be observed , though these men have the same designe with malignant persecutors , to engrosse the truth , yet cunningly they will buy it up by parcels , that they may be the lesse discerned . they will trade first in names , then in things , first habituate us to call our ministers priests , our communion tables , altars , before they impose superstitious gestures . this was the rhemists straine of policy . let us keepe our old words , and wee shall easily keepe our old faith . this graduall huckstering up the purity of truth , is most cleare in image worship . at first , images and pictures of saints were used in private , for memory , history , or ornament onely ; afterwards with like colour of pretence brought into the church in gregories dayes , yet with expresse prohibition of worshipping them ; afterward the second synod of nice enjoynes it , though more modestly , and respectively onely in regard of that which they represent ; but since the councell of trent , it 's risen to grosse idolatry . neutrall politicians , who will be buying truth out of our hands , by formalizing and enervating the power of it , till at last they leave us an heartlesse and saplesse religion . among the lawes of solon , there was one which thundred against such , who in a civill uproare amongst the citizens , sit still as neutrall spectators . it were happy for the church , if there were a more strict course taken against all lukewarme machivillians , who by their neutrality undermine religion ; of this straine was jeroboam , that grand politician , who created to himselfe a state religion ; out of love to his crowne , he set up golden calves , he hindred the people from going to worship god at jerusalem , lest they should turne againe unto their lord , unto rehoboam king of judah . worldly wise men , as they are time-servers , so they are selfe-servers , and whatsoever become of christ and his truth , selfe shall be advanced into the throne ; such mens heads over-match their hearts , their policy out-runneth their religion ; when the glory of christ and his gospell come in competition with their selfe ends , selfe shall first be gratifyed ; most unlike to paul , who phil. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , stood as it were on up-to , looking earnestly after the magnifying of christ , what-ever became of himselfe , whether in his life , or in 〈◊〉 death . i may produce three reasons to fortify you against felling truth to any hucksters . truth is in it selfe a precious jewell , of most incomparable worth , gained into the possession of the churches , not without much difficulty ; and therefore cannot without great disparagement to its excellency , and to the zeale of others , be alienated and chaffered away . gospell truth at first cost the blood of christ , then watered with the blood of many martyrs , which made it throng up so plentifully . it is observeable , the church hath beene seldome fully possessed of any grand truth , without much debate , without some bloody sufferings . how deare did it cost athanasius to justifie the divinity of christ , against the arians ? and shall we suffer any of that kindred to buy it againe out of our hands ▪ how couragiously did augustine rescue the doctrine of grace , from the pelagians hands , whom he cals the enemies of grace ? and shall we suffer it to be betrayed to their brethren the arminians ! how farre did luther hazzard himselfe , to advance justification by faith in christ ? it is a grosse shame that sweete truth should be lost in the language of any innovators , who will have workes to concurre in eodem genere cause , to share equally with faith in the very act of justifying . many of our ancient worthies , like wisedomes children , matth. . . set themselves to justifie wisedome ; they have endevoured with much sweat , and many teares , yea , with their dearest lives , to settle the churches land-markes by evidence of scripture arguments , and to bound the truth by decrees of councels ; we must not prodigally dispossesse our selves of such a treasure . we reape the fruite of our reformers zeale , who bestirred themselves so much against popish altars , and other church usurpations for the purging of religion in england . god forbid , that we should sell for trifles , what they possessed us of with so much difficulty . it concernes us rather to concurre with them , yea , to promote their beginnings with all our might , that we may have such churches , such officers , such election and ordination , such jurisdiction , such exercise of church power , and all such administrations as are most agreeable to the truth . truth is the churches talent ; committed to her trust , and therefore must not be sold . trust being a strong obligation to fidelity . upon this ground the apostle , jude ver. . exhorts christians to contend earnestly for the faith , once delivered to the saints . you must never expect another edition of the faith , ( god reserved that solemne change from jewish to evangelicall worship , for the inauguration of his sonne ) zealously strive for this faith you have , against all opposition . in that knowne place , so much abused by papists , tim. . . the church of ephesus ( this cannot be appropriated to the church of rome ) is the pillar and ground of truth . not a pillar to uphold , but to hold forth truth , not so much {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the seate of truth ; every pure church being a depository of truth , where it is to be found , as the candle in the candlesticke . all the fonnes of wisedome have a share in that of paul to timothy , tim. . . o timothy keepe that which is committed to thy trust . this made the primitive worthies so conscientiously zealous in the cause of truth ; and that not onely of many truthes , but even of formes of speeches , of syllables , yea of letters . the difference betwixt the councell of nice and arius , was but in a letter , whether {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the controversie whereupon the greeke and latine churches broke , touching the proceeding of the holy ghost , depended upon two prepositions , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the monstrous heresie of nestorius lay but in one poore letter , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , when he would not gratifie the church therein , as cyrill desired him , many bishops rose up against him , so religious were they , that that they would not exchange a letter , or syllable of the faith , wherewith their saviour had betrusted them . selling truth is the worst , the most undoing trade ; it sets to sale both gods glory , and your owne salvation , being it opens a doore to both extreames in religion , to prophanenesse , and to superstition . the schoole of christ is indeed a schoole of affection , and of action , but first of knowledge ; we must have science before we shall make conscience of our wayes . this makes the god of this world , the devill , bestirre himselfe to blinde peoples mindes , lest the light of the glorious gospell of christ should shine into them : he well knew that darknesse of mind , betrayes us to workes of darknesse . when men walke in the darke , they know not at what they stumble , prov. . . they will stumble at christ himselfe , at the strictnesse and purity of his wayes , and soone plunge themselves into the grossest wickednesse . in a synod at london anselme forbad priests marriage in england , and in the next yeare were discovered a great company of sodomites amongst them . such is the wofull fruit of selling truth , which would be a spur , quickning to good , and a bridle restraining from evill . it is no wonder to find such treacherous practices amongst the papists , their erroneous doctrines open the sluces unto them . upon a sleight confession of sinne , they may receive a cheape absolution , and thereby are emboldned to renue the commission of it . that taxa poenitentiaria , amongst the papists , that low rate which is put upon the greatest sinnes in the popes custome house ; so contrary to the word of truth , rom. . . the wages of sinne is death , encourages people to the greatest prophannesse . ignorance of the truth is a fruitefull mother and helpefull nurse , both to prophanenesse of practice , and to superstition in devotion . see it at athens , act. . , . there they were fondly superstitious , where their altar had this inscription , to the unknowne god . aquinas attributes the inchoation of idolatry it selfe , to the inordi●acy of our affection , and our ignorance of the true god . whence came superstition so much to swarme in the darke ages of the church ? because they neglected the word of truth , and followed tradi●ions . hence it is observed that learning and religion have falne and risen together . when the light of truth hath beene eclipsed , by the decay of learning ; the heate of religion hath much declined . the weedes of superstition , sponte nascuntur , will grow of their owne accord in darke corners ; as having advantage of the soile , so much connaturallnesse to peoples corrupt hearts . the popes chaplaines need not take much pains to teach ignorant soules to be superstitious ; if orthodoxe preachers of the truth be but suspended , we shall soone have reason to complaine with that great man in the councell of lateran ; piety is almost sunke into superstition . beware of expressing any indulgence unto such , or holding any complyance with them that sell the truth . the whole tribe of benjamin came to be extinguished , except about sixe hundred , onely for countenancing a few sonnes of beliall in gibeah , who had abused a levites wife , judg. . and . chap. christ was angry with some of the churches , not onely for being active in evill , but passive of evill , rev. . . . the wisedome of this great councell hath beene inquisitive after monopolists , or any that encroach upon the common-wealth . give me leave to discover an unhappy church-confederacy , whereby truth hath beene shamefully sold in many places . there are foure sorts of persons , herein deepely engaged . first , scandalous apostate professors of the truth , who alienate the truth from themselves , and alienate the mindes of others from the truth . they make the word of god blasphemed , tit. . . such are described with blacke characters by jude verse , . these are spots in your feasts of charity , when they feast with you , feeding themselves without feare ; clouds they are without water , carryed about of windes ; trees whose fruite withereth , without fruite , twice dead , plucked up by the rootes ; raging waves of the sea , foming out their owne shame , wandring starres , to whom is reserved the blacknesse of darkenesse for ever . they are employed in evill workes , and they receive answerable wages . what unhappy markets such carnall gospellers make for the truth , you may read in many stories ; amongst the rest , an american noble-man , being perswaded to embrace the christian religion , demanded , first , what place was ordained for such as were baptized ? answer was made , heaven , and its joyes . secondly , what place for them who were not baptized ; answer was returned , hell , and its torments . thirdly , which of these places was allotted for the spanyards , it was answered heaven ; whereupon he renounced his intended baptisme , protesting he would rather goe to hell with the unbaptized , then be in heaven with the spaniards . many fall out implacably with the truth , because they finde many professors such unsavory salt . secondly , ignorant and vicious ministers . some even idoll priests , like the idols of the heathen , the worke of mens hands , they have mouthes but they speake not ; eyes have they but they see not ; they have eares but they heare not , neither is there any breath in their mouthes ; they that make them are like unto them , so is every one that trusteth in them , psalm . . , , , . and indeed it is too often true , like priest , like people , ier. . . such a creature is not to be found in christs catalogue , who gave some apostles , prophets , evangelists , pastors , teachers . no prince ever sent dumbe embassadors . bernard reckoneth up these foure as strange things , speculator caecus , praecursor claudus , praeco mutus , doctor inscius ; a blinde watchman , a lame harbinger , a dumbe cryer , an ignorant teacher ; and indeed a minister of a vicious life , though not grossely ignorant , is as dangerous an enemy to true religion , if not sometimes worse , as not barely with-holding , but corrupting and perverting truth , like elymas the sorcerer , act. . . yea like eli his sonnes , sam. . . who made the offerings of the lord to be abhorred ; their ungodly lives are often such confutations of their owne and other mens sermons , that many thereby are hardned against the truth , ezek. . . the destroying angell was to beginne at the sanctuary , and there , too often , beginnes prophanenesse . there hath beene long expectation , as there is indeed great need , of a parliament visitation ; to finde out those chapmen , who will sell gods truth , peoples soules , church-purity with state-liberty , for the satisfaction of their lusts . thirdly , such prelates as ordaine or support these ignorant and vicious ministers , i appeale to you , what grosse betrayers of truth they are . how happy had it beene for the church in england , if they who pretend to succeed timothy , had walked by that rule which paul commended to him , tim. . . lay hands suddenly on no man ? but alas ! many are aposcopi , rather then episcopi , as espencaeas , by-seers , rather then over-seers ; hence such swarmes in the church of backe-friends unto truth . if you enquire when so many grosse deformities crept into the church , damasus will tell you ; even then when the bishops put over the care and performance of church affaires to others , that they might take their owne ease ; like harlots that put out their owne children to be nursed by others , that themselves in the meane time might satisfie their lusts ; by such remissenesse truth was much smothered , with a multitude of weedes , that overgrew the church . fourthly , selfe-seeking patrons are many times deepely accessary to the betraying of truth , in presenting most unworthy ministers . the lord knoweth how many are so farre from considering the concurring consent of judicious christians ( which was much valued in primitive times ) that they neglect their trust for the good of others , and their own soules . they will obtrude , too often , one of jeroboams priests , one of the lowest of the people , kings . . they would not chuse a cooke to dresse their meate , that were like to poyson them ; nor a physitian ( though a kinsman ) which would probably kill them ; but , too often , preferre a dawbing chaplaine , that will comply with their covetous , or licentious humour , though in the meane time the people be betrayed , and the truth be sold . will you please to consider what a sad meeting this unhappy fraternity will have at the day of judgment , if still they persist in truth-betraying . scandalous professors , will curse their wicked ministers , whose examples poysoned them . wicked ministers , will cry woe , woe upon such prelates , who were indulgent to their unworthinesse ; and doubtlesse the prelates will be as ready to complaine of many patrons , who first made the livings scandalous by withholding maintenance , and then by importunity thrust a scandalous minister upon them . oh let it now appeare , that you will not suffer religion to be betrayed by the least indulgence to any of these evils . consider what sigismond the emperour said in the councell of constance , where the councell pretended to make a reformation ; one stood up and said the reformation must beginne at the fryer minorites ; no , said the emperour , non à minoritis , sed à majoritis incipiendum est , let reformation reach patron , and prelate , as well as minister and people . if you would discourage scandalous livers , suppresse scandalous ministers ; if you would prevent a succession of them , regulate the power of the keyes , tooke to ordination and jurisdiction : though your bill against scandalous ministers were ripened and executed , yet if the doore of admission into the church , continue as large as now it is , the next age will swarme againe with the like drones . and for the truthes sake , that you may silence all clamours , as if reformation would discourage learning , and undoe the church , make good your owne orders . for the support of an able ministery ; let patrons and others deny themselves , to raise a sufficient and certaine maintenance , at least open a vent to others pietie and charity , who will concurre with you , to afford oyle for burning and shining lampes , by reviving the hopeful designe of the feoff●es , or what other wayes , your zealous wisdome shall suggest . a great civilian telleth us how church-maintenance came to be appropriated to the cloysters of monkes , and how such lands as they held , in sundry parishes , were freed from the payment of tithes to the ministers thereof ; namely , it sprang from this roote , they insinuated that preaching was not so necessary for the salvation of mens soules , as their praying , in their religious houses ; preaching , they said , breedeth schisme , disputes in religion , &c. it lyeth as a blot upon them , that by their undervaluing preaching , many congregations were robbed of their ministers maintenance , let it be your honour , who have expressed such a high esteeme of preaching , to endevour the re-endowing those places with such meanes , as may encourage faithfull witnesses unto the truth . to awaken your compassionate affection towards many persons and places , where truth is chaffered away ; religion is a riddle , a paradox , yea , a reproach among them . we should appeare this day , as publique mourners , laying to heart , not onely personall , but state evills , even parliament sinnes . is not this just matter of griefe , that in so many former parliaments , the liberty , the purity , and the power of religion hath beene so much neglected ? ancient lawes have established church pompe , power , dignity , and revenues ; these are twisted into the severall statutes , as if they would put in a politicke caveat against after alterations , without shaking the very foundation , which is now one of the great objections against reformation . yea , how much hath truth suffered by the indulgence that old parliament lawes have expressed to non-residency , pluralities , and insufficiency of ministers . it hath beene enough if legit ut , clericus ; if he can say the confession in latine , he must be betrusted with soules . allow something to the necessity of these darker times ; yet now the very reason of such being altered , god forbid that truth should any longer be betrayed by an unwarrantable latitude . oh pity your many thousands of expecting petitioners , who have had many yeares of sad sabbaths , and sit downe still in much sorrow , complaining for want of truth . you may heare their groanings in the words of the prophet jeremiah , chap. . . is there no balme in gilead ? is there no physitian there ? why then is not the health of the daughter of my people recovered ? what ? cannot , will not , the parliament heale us ? it was a strange and dolefull vision that ezekiel had from god at hierusalem , when he saw so many sinfull spectacles ; an image of jealousy , baals idoll , ezek. . v. . then , a company of grave ancient men , every one in the chamber of his imagery , ver. , . the jewish high-commission , according to some , in those times deepely corrupted ; poore women weeping for tammuz , ver. . weeping for the death of osiris , king of egypt , and idolatrously adoring his image , which isis his wife had advanced ; and worships towards the sunne , ver. . would it please you in your serious thoughts , to runne over this church , this kingdome , you might see in many places such objects , that your eyes would much affect your hearts . though in all abominations , wee doe not runne parallell with hierusalem , in ezekiels vision , yet such wofull fruites of truth-selling , and truth-betraying , as may stirre up your affection , and awaken your parliament actions . first , cast your compassionate eyes upon the schooles of the prophets , the churches nurseries . doe not petitions informe you that divers have there chaffered away truth for errors ; were whitaker and reinolds then in vivis , doubtlesse they would blush to see bellarmine and arminius justified by many , rather then confuted . if no chambers of imagery be there , yet are there not some chappels , polluted rather then adorned with images , altars , and crucifixes . if no worshipping of the sunne there , yet doe not too many pleade for , and practise , an ungrounded worshiping toward the east ? it cannot be thought unnaturalnesse in a sonne to represent the distempers of his mother , to a colledge of physitians especially when the experience of the deepe infection , which some of your beloved sonnes got there , of the corruption of judgements , prophanenesse and superstition of practise , which many of your ministers brought thence , will witnesse the same , that truth hath beene shamefully betrayed , by too many in the universities . munster reporteth , that the jewes were banished out of many countryes of christendome , principally for poysoning springs and fountaines . all friends to truth had need pray that god would either remove or heale such as have poysoned the schooles of the prophets , the fountaines of the land . our hopes are that god will put upon you ( noble senators ) the spirit of elisha , and helpe you to cast into those waters , such salt , that the waters be healed , that there be not from thence any more barrennesse , or causing to miscarry , king. . , . in exod. . , , . when the people were come to marah , they could not drinke the waters , for they were bitter , and murmured aga●nst moses , saying , what shall we drinke ? ver. . the lord shewed him a tree , which when he had cast into the waters , the waters were made sweete , plant , and uphold wholesome lectures , in the pulpit , as well as in the chaire , ( a service worthy of the wisdome and power of a parliament . ) such trees will sweeten the waters there , and drop such fruite , as will much promote the trade of truth abroad . how many living stones , yea how many builders did famous perkins hew , by preaching a lecture in cambridge ? many children and fathers begotten by his ministery in a few yeares , to the great advancement of the truth . secondly , behold with the same compassion , cathedrall churches , and the wofull effects of selling the truth in too many of them ; the strange vestures and gestures , images , &c. in some of their quires , intimating too much affinity with those chambers of imagery , in their abominations , mentioned ezek. . , , . former reformations left such nettles growing there , that have since unhappily seeded many other churches ; yea , left so much dust , not onely behinde the doore , but even in the very quire , as hath beene easily blowne about into many corners . they glory in being called the mother churches , but they have too often proved step-dames to their daughters , engrossing the maintenance , that should provide the word of truth for their soules . what pity is it that cathedrall societies , which might have beene colledges of learned presbyters , for the feeding and ruling city churches , and petty academies , to prepare pastours for neighbour places , should be so often sanctuaries for non-residents , and be made nurceries to many such drones , who can neither preach nor pray , otherwise then reade , say , or sing their prayers ; and in the meane time truth much obscured in a non-edifying pompe of ceremonious service . it was a notable designe of those bishops at bononia , that gave pope julius the third this very counsell , how to establish the roman religion ; let the people ( say they ) have pompous prayers , images , tapers , organs , and divers musicall instruments in their temples ; these are things with which the people are much delighted , and being taken up with these , they almost forget that doctrine which is so destructive to us . let your compassion move you to counter-worke all such plots ; as church-deformers sought to corrupt cities , and places of confluence ; so let those that professe themselves church-reformers , when the harvest is greatest , expresse the greatest care to send forth most faithfull labourers for the truth , matth. . , . this were to resemble your saviour . thirdly , behold with weeping eyes the many hundreds of congregations , in the kingdome , where millions of soules are like to perish for want of vision ; truth is sold from amongst them , either by soule-betraying-non-residents , soule-poysoning-innovators , or soule-pining-dry-nurses . in too many places the very image of jealousie , the idoll of the masse is set up , yea , the comedy of the masse acted , because there wanteth the light of truth to discover the wickednesse and folly of it . do not some of you that live on the welch coasts ; cry out with your neighbours , woe is me that i sojourne in meseck , and that i dwell in the tents of kedar , psalm . . . doe not some of you inhabit the north parts , where you may complaine ( in the word of nicholas clemang . pag. . ) how many priests came to their benefices , not from the schooles , and their study , but from the ploughes , and servile occupations , which could neither reade , nor understand latine ? where in many miles , not a minister that can {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , preach , and live , sermons . i wish every parliament-man had a map of the soule-misery of the most of the ten thousand churches and chappels in england ; i hope it would draw forth your compassions , and stirre up your endevours to rescue truth out of their hands , who would sell it , and set up the trade of truth in poore darke countries . had i the favour to preferre a petition unto you in the name of universities , chiefe cities , country congregations , yea , the whole kingdome , and were sure of a propitious eare from you , i would summe up all in this clause , in this one breath : improve your power to helpe forward the word of truth , that it may runne and be glorifyed . this would maintaine love and loyalty to our soveraigne . where hath he most hearty prayers , but where truth most prevailes ? this would teach men to justifie the power , and comply with the authority of parliaments . who have more undermined and maligned parliaments , then such ministers as first betrayed truth ? this is the way ( if any ) to reduce seduced papists . humane lawes will pinch their purses . send divine truth amongst them , that may satisfie their consciences . this is the most soveraigne meanes to compose church-differences . why doe we contend ? ( saith augustine ) are we not brethren ? our father dyed not intestate , let his will be publiquely produced , and all men will be quiet . this is the best way to make the reformation thorow and lasting , because this would engage the peoples hearts . chron. . , . jehosaphat did that which was right in the sight of the lord ; howbeit the high places were not taken away ; for as yet the people had not prepared their hearts unto the god of their fathers . josiah , a good king , did much , yet because the peoples spirits were not wrought to concurre with him , the worke soone vanished , and gods judgements brake in upon them . goe on , therefore ( honourable worthies ) improving your influence to prevent the selling of truth . first , provide that every congregation may have an able trumpet of truth . secondly , especially let great townes , places of confluence , have lectures , markets of truth . thirdly , afford any faithfull paul and barnabas incouragement , yea , power , if sergius paulus desire to heare the word of god , to goe and preach , though elymas the sorcerer should be unwilling ; such ambulatory exercises have brought both light and heate into darke and cold corners . fourthly , what if there were some evangelicall , itinerant preachers , sent abroad upon a publique stocke to enlighten darke countries ? thus might you reape glorious fruits of all your counsels , teares , prayers , and paines , in seeing dagon fall downe before the arke of truth . i have endevoured , ( though in much weaknesse ) with words of truth and sobernesse , to plead the cause of truth . i must end as an importunate sollicitor : o sell not the true religion upon any termes . much of my rhetoricke to perswade you is within you . i speake to your selfe-love , as you are men ; to your conscience , as you are christians ; to your wisedome , as you are states-men ; to your honours , as you are noble : be alwayes buying , but never selling the truth . england hath had an happy taste of your zeale for truth , and against the corrupters and betrayers of the true religion . the lord from heaven hath appeared mightily for you , when you appeared much for him in the cause of truth . god forbid that ever this parliament should lose any of it's first love to religion , and the reformation of it , then may you expect to drinke of solomons bitter cup , the lord was angry with solomon , because his heart was turned from the lord god of israel , which had appeared to him twice . god forbid that rhehum the chancellor and shimshai the scribe , should outstrip zerubbabel ; that tobiah and sanballat , should outbid nehemiah in any cause of god . rather let the malignancy of malignant opposers enflame your zeale for the truth . o that we could now all close this day of humiliation , with the proper worke of the day , covenanting with our god , making it our sealing day ; nehem. . . at a solemne fast , princes , priests and levites , did make a sure covenant , write and seale unto it . let us this day , not onely give earnest , for the purchasing of truth , by the fixed purposes of our hearts , but even give as it were hands and seales , that we will never sell the liberty , purity , or power , of religion upon any termes . w●ll you please to these particulars ? first , that you will not sell truth out of carnall feares ; you have a good 〈…〉 it , rev. . , . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , he that is over-comming , not he that hath overcome , shall inherit all things , and i will be his god , and he shall be my sonne , but the fearefull and unbeleeving shall have their part in the lake that burneth with fire and brimstone . read over the story of francis spira with trembling , who out of such feare betrayed the truth . after he had gon to venice to the popes legate , with whom , out of carnall feare , he complyed , craving pardon of him , and yeelding to recant that religion he had publickely prosessed ; when he returned to his house , he could not rest an houre , no not a minute , nor feele any ease of his continuall anguish ; from that night he was much terrifyed with horror , and as he confesseth , he saw plainely before his eyes all the torments of hell and the damned ; and in his foule did heare the fearefull sentence , being drawne before the judgement seate of christ . hold fast the truth , let faith triumph over feares . if peter will deny and forsweare his master , at best he must returne by weeping crosse : many are irrecoverably smitten with that thunderbolt from the lord , heb. . . if any one draw backe , my soule shall have no pleasure in him . secondly , that you will not sell truth for your own private advantages . it was a wretched carriage in demetrius , and his fraternity , who out of love to their owne gaine , did combine and consult how they might undermine and betray the truth . sirs , ye know that by this craft we have our wealth ; this made them so zealous for their diana ; and so fierce against the gospell ; if truth doe prevaile , diana must downe , and then farewell their profit . resolve rather to resemble moses then demetrius , who , heb. . . chose rather to suffer affliction with the people of god , then enjoy the pleasures of sin for a season . his faith did so rightly enforme his judgement , that he counted the reproaches of christ , ( which seeme the bitterest thing in christianity ) greater riches then the treasures in egypt , ver. . how much did he then preferre the consolations , which come by religion , before all worldly excellencies ? such a spirit was in luther , who when he was offered to be cardinall , if he would be quiet , replyed , no , not if i might be pope . he had an holy scorne to be put off from his religious designes , by such withering petty things . thirdly , sell not truth for politicke state ends . when you come to settle religion doe not deale onely like politicians , but like christians . worldly wisedome in the things of god is a rule too short , too crooked , too partiall , yea foolishnesse with god . ieroboam would play the politician in religion , he sold the true worship of god for his state ends , and for ever inherits this as a blot upon his name , king. . . because of the sins of jerohoam which he sinned , and which he made israel to sin , by his provocation wherwith he provoked the lord god of israel to anger . most renowned was the zeale of king edward the sixth for the truth , when upon reasons of state he was pressed by cranmer and ridley , to give way to the masse ; he refused it with so much resolution , with so many teares , that they acknowledged he had more divinity in his little finger then both they . in things about meum & tuum , that concerne our owne interest , we may be more liberall , but in church affaires the word of truth must guide us . it is not in our power quicquam hic aliis dare , aut in aliorum gratiam deflectere ; we may not therein gratify one another . fourthly , sell not truth for pretences of church peace ▪ i confesse the name of peace smels very sweete ; and now especially ( in the midst of such church distractions and such wantonnesse of opinions ) were to be purchased at any rate , except with the losse of truth ; it is a most lovely sight to see unity of peace imbrace unity of faith ; to behold the household of faith , the family of love ; o that we could all observe the present breaches with the same affectons that augustine did the differences betwixt hierome and ruffine . woe is me that i cannot find you both together , i would fall downe at your feete , with much love and many teares i would beseech you for your selves , and for one another , and for weake christians for whom christ dyed , that you suffer not these dissentions to spread , &c. but , in the meane time , we must not be such reconcilers , as to bring in a samaritan religion , an interim , an uncomfortable mixture . we must not receive babylonish inmates into the lords house . light and darknesse , truth and error , will never long dwell quietly together . fifthly , sell not truth for the pompe of humane ceremonies . admit that ceremonies were first let into the church , with the faire intention of the guiders and leaders ; and entertayned by the credulity of well-meaning people , before the mystery of iniquity was much knowne ; yet since , being so superstitiously abused by the pope and his party , and so rigidly pressed , for the upholding the pompe of prelacy , with no small disadvantage to the truth ; let us part with them , rather then sell any sparke of truth for them . never say they are ancient . jesus christ is my antiquity , saith ignatius . we must look for antiquity of institution not onely of custome . never say , they are indifferent . if indifferent onely , and not expedient , they may the better be spared . others will say , our doctrine takes off the scandall of the ceremonies . however , better have the stumbling blocke removed out of the way , then to have a monitor appointed to give you warning of it , he may fall asleepe , and then you are in danger . many tender consciences wish the same successe about our ceremonies , that was in king edward the sixth his dayes , about the images . some people contending for one image , others for another , gave occasion , that the king tooke downe all . who knoweth whether god hath called you to this parliament to accomplish this amongst other services ? if you doe fully come off , to give in your hands , your hearts , yoursealing actions , that you will not upon any termes sell the truth , as you tread in good hezekiahs steps , i doubt not but the lord will crowne your piety and paines with his diadem , chron. . , . thus did hezekiah throughout all judah , and wrought that which was good and right , and truth before the lord his god , and in every worke that he began in the service of the house of god , and in the law , and in the commandements to seeke his god , he did it with all his heart and prospered . finis . notes, typically marginal, from the original text notes for div a e- inveniar sanè suberbus &c. modò impit silcutii non arguar dum dominus patititur . luth. ep. ad staup. ier. ▪ . aug. ep. . isa. . . tim. . . sam. . , . hollinsh . in hen. . gal. . . king. . . pet. . . tim. . . notes for div a e- hierom. in eccles. cornel. a l●p . in prov. argum. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , sive dignitates , hae doctrinae quae suo merito vitae nostrae veluti dominae & moderatrices esse debent , cartwr . parts of the text . . proposition . explication . . libertie of truth must be bought . thess. . . revel. . . acts . . . puritie of truth must be bought . purum est plenum sui & immixtum alieni . quot supererunt mixturae ex hominum ingenio prolatae , toridem extabunt pollutiones quae homines distrabant à certo eorum usu , quae dominus in corum salutem instituerat . calv. ep. prot. angl. totalis & adaequata regula est scriptura & traditio simul . traditio parem habet autoritatem scripturae , becan . . power of truth must be bought . hypocrisis est signum sine signato . fateor quidem moderation ●ocum esse oportere , sed non mi●us constanter offirmo videndum esse ne sub illo praetextu toleretur q●●cquam quod à satanâ vel antichristo prefectum sit . calv. ep. prot. angl. hilarius contra aux●ntium . male vos parietum amor cepit ; malè ecclesiam dei in tectis aedificusque veneramini ; malè sub his pacis nomen ingeatur ; annè ambiguum est in iis antichristum sessurum ? purchase of truth . . begins in desires after it . scientia visut , and gustus . isa. . . . luk. . . . prov. . . . promoted by diligence . psal. . . cant. . . luk. . , . c. sej●s bonus vir , sed christianus . . managed by prudence . . transacted by paction . haec optima commutatio , da res tuas ut acquiras veritatem ; non alienabis à te veritatem , ut acquiras res altas . cajet. truth seldom bought upon cheap tearmes . confirmation . . reason . . reason . p. martyr . ep. . regni . eliz. . reason . gladius ecclesiae venerandâ raritate formidabilis . petr. de alliaco . . reason . thess. . . see crakanthorp of the fift generall councell , chap. . application . . vse . self-examination . . quere . concerning the persons . . quere . concerning your families . ephes. . . cor. . , . delicata res est spiritus dei . . quaere . concerning the publique . use . exhortation . three requisites in a factor requisite , wisdome . . maximis dissidiis non sunt minores istae redimendae veritates . acontius de st. sat. . . . . exod. . . ezek. . . . opportunitas est maximum talentum . judg. . . requisite , activity . veritatem philosophia quaerit , theologia invenit , religio possidet . p. mirand. clem. alexand. licet christus post caenam institue rit & suis discipulis administraverit sub utraque specie panis et vini hoc venerabile sacramentum ; tamen hoc non obstante sacrorum canonum autoritas , & approbata consuetudo ecclesiae servavit & servat . caranza sum . concil. sess. . autoritas ecclesiae est autoritas numeris , non jurisdictionis . camer. ego sum via , quae ad veritatem duco ; ego sum veritas , quae vitam promitto ; ego sum vita , quam do . bernard . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} requisite , resolution . chron. . . lu●her de abrog. . miss . privat . proposition . three sorts of of hucksters . . sort of hucksters of truth . qui {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} faciunt , quae minime conventunt . pisc. acts . & . ch. origen , num. hom . in hoc corum omnis flamma est , in hoc uruntur incendio . tanquan doctrina peregrina . sort of hucksters of truth . rhem. test . tim. . . bellarm. de imag. sanct. l. . c. . sort of hucksters of truth . plut. in vita solon king. . . . reason . niltam certum quam quod post dubium certum . reason . rom. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} not sensu architectonico but forensi . reason . selling truth opens a doore , to prophanenesse . alsted . a●n● . . to superstition . traditiones pontificiorum sunt pandectae errorum et superstitionum . chemnit . u●e of caution . sorts accessary to the selling of truth . scandalous professors . ignorant and vitious ministe● ephe. . . bernard . prelates supporting ignorant & vitious ministers . field . on chap. l. . c. ● . selfe-seeking pations . plebs ipsa maxime habet potestatem , vel eligendi dignos sacerdotes , vel recusandi indignos : quod & ipsum videmus de divina autoritate descendere . cyp. ep. sir tho. rid. view of civill law . part . c. . sect. . vse of direction . ezek. ● . polan in locum . . multitudine levissimarum seremoniarum pene est extincta pietas et vis spiritus sancti . gerson . hae●●uus quibus vulgus praecipue del●ctatus , et quo●●● gratia doctrinam ●llam quae ●ol●s 〈◊〉 est fere obliv●●itu● . p. . . missae comoedia in p. martyr . thes. . . contra pontificies pa●um ●●gibus aut libris profici , quousque firmum etidoneum ministerium in ecclesiis constitutum fuerit . whitak . . . . act. . . . vse of dehortation . kings . matth. . , act. . , . cor. . . calv. epist. prot . angl. eph . . he●●nth● , qui vos 〈◊〉 simul inventre non possum . aug. ep. . king. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . ignat. epi. ad philad. quid si vel pigri vel non satis attenti sint monitores , vel frustra plerosque moneant ? beza , ep. . grindal . anno . ester . ▪ love, kindness, and due respect, by way of warning to the parliament of the common-wealth of england, that they may not neglect to the great opportunity now put into their hands, for the redemption and freedom of these oppressed nations, whom the lord hath once more appeared to deliver, and hath profered his loving kindness in overturning, overturning [sic] the powers of darkness, that truth and righteousness in the earth might be established, and sions people sing and shout for joy. from a servant of the lord, who hath born in his testimente for the lord in the day of apostacy, and hath been a sufferer for the testimonie of a good conscience, by oppressors, under the name of a quaker. j. hodgson. hodgson, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) love, kindness, and due respect, by way of warning to the parliament of the common-wealth of england, that they may not neglect to the great opportunity now put into their hands, for the redemption and freedom of these oppressed nations, whom the lord hath once more appeared to deliver, and hath profered his loving kindness in overturning, overturning [sic] the powers of darkness, that truth and righteousness in the earth might be established, and sions people sing and shout for joy. from a servant of the lord, who hath born in his testimente for the lord in the day of apostacy, and hath been a sufferer for the testimonie of a good conscience, by oppressors, under the name of a quaker. j. hodgson. hodgson, john, d. . [i.e. ] p. printed for giles calvert, london : . p. misnumbered . annotation on thomason copy: "june ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no love, kindness, and due respect, by way of warning to the parliament of the common-wealth of england,: that they may not neglect to the gre hodgson, john a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion love , kindness , and due respect , by way of warning to the parliament of the common-wealth of england , that they may not neglect the great opportunity now put into their hands , for the redemption and freedom of these oppressed nations , whom the lord hath once more appeared to deliver , and hath profered his loving kindness in overturning , overturning the powers of darkness , that truth and righteousness in the earth might be established , and sions people sing and shout for joy . from a servant of the lord , who hath born his testimonie for the lord in the day of apostacy , and hath been a sufferer for the testimonie of a good conscience , by oppressors , under the name of a quaker . j. hodgson . london , printed for giles calvert . . a warning to the parliament of england . friends , the lord god hath committed the authority of these nation to you , and hath wonderfully overturned many , that you might again come up , and be tried , as he hath tried many before you , and they have been as chaff before the winde , and hath not answered the end for which the lord intrusted them ; and therefore did his displeasure wax hot against them , for departing from him and loosing their way , in the dark in going about to root out that in the earth , and from amongst them which had been their defence in time of trouble , and the rock of their safety in their greatest straights ; and because they would not hearken to the lords voice to chuse his waies and walk therein , but grew hardned through the deceitfulness of sin , slighted the lords warnings till he overturned them , that you might once more be tried ; now therefore beware what you do , and tempt not god as they did , nor provoke not the lord to wrath against you , by doing that towards his beloved people , for which the lord will not hold you or them giltless : take heed how you grieve the spirit of the lord , by standing up to vindicate that which is for destruction : oh , that you were so wise as to take the lords counsel , then would you exceed all that has been before you ; but alas , alas ! are not you already beginning to plead for those things which even those before you pleaded for , honour and respect to your persons , as if men were altogether uncapable for the service of their country , that cannot bow , swear , and give respect to persons , although in all things else duly qualified ; if this you do will you not thereby exclude the lords people , your best and surest friends , out of your assemblies , because they cannot swear , respect persons , and say theo and thou to a single person ; know ye not that they that respect persons and gay cloathing commit sin , jam. . , , , , . and they that bow to the creature , be it flesh , gold , silver , or precious stones , or any other thing above or under the earth , bows not to the invisible god , but to the creature , and so worships the creature more then the creator , ro. . . unto whom every knee should bow both in heaven and in earth . oh how do the streets of every city abound with gross idolatry , bending cringing and bowing even to the ground to one anothers images , the creatures of god , and workmanship of their own hands , decking one another with gold and costly apparel , thereby to be bowed to , respected and honoured of men . oh how is the spirit of the lord hereby grieved , because of these and other abominations ? and how shamefully and barbarously have the people of god suffered in this nation of late years , because they could not run with the world into all manner of excess and wickedness ; and especially because they could not so much idolize mens persons , and worship the beasts image , as was required of them ? therefore were they hailed , imprisoned , and grievously fined , and for other things accounted offences , where no known law was broke , did they suffer as hainous transgressors , the like of which in ages past can scarcely be paralleld ( and this from persons who call themselves christians . ) consider with your selves and examine well whether creatures persons , or visible substances , celestial or terrestial bodys , though never so glorious , or that unclean spirit , that adores and worships them more then the creator , be to be bowed to , or the invisible power , by which all things were made that are ; o that of god in you i appeal for answer . if then the power or name be that to which every knee or thing in heaven and earth must or ought to bend , phil. . . then they whose souls are hereto made subject , worship the lord in spirit , and cannot worship the workmanship of mens hands , nor yet mens persons , but commit sin , and yet can truly honour all men in the lord , for the lords sake so now come to rule in the authority and power of god , that in the lord we may you honour , and be cautions at what you stumble , that truth and righteousness may be cherished , and all deceit and wickedness quite discouraged : take heed to your selves , least in the steps of those that went before you , you be found ( with whom the lord was displeased ) and broke to pieces ; think not to your selves you shall be established , if you be found hindring the lords work ; for except your righteousness exceed the righteousness of those that was before you ( whose mercy was cruelty ) you shall not escape the vengeance ; the lord will not be mocked by you , who make mention of his name ; what you sow that shall you reap ; and if examples to these nations , you stand in all righteousness , meekness , justice and mercy , and every good work , a blessing to them shall you be , for want of which the world hath abounded with all manner of wickedness , because the governours thereof was out of the lords fear , and abounded in folly , and was examples in pride , and encouragers of the wicked in every place , even like unto those the lord god cast out before them , imitating their heathenish waies and customes ; yea , and those same things that they cried out of in the zeal of their spirits , when they grew great , did they again establish , and thereby grievously vexed the righteous , and became persecutors of those who could not bow to their apostacy , and for this cause the lord did not establish nor bless them , because their hearts was darkned , and they given up to believe lies : god hath tried them , and they are fallen as example to you , that you may not sin as they did ; therefore be wise and quit your selves like men , that you may be honoured in doing that which all before you hitherto have refused to do ; consider the great oppression of the filthy proceedings of the laws of this nation , and the vexatious covetous lawyers , who make merchandize of men for moneys , who with others sell their filthy lies at to dear a rate , to the undoing of many ; and consider the oppression of the ministry of england , and their forced maintenance , the suffering of the lords people from themward , hath been cruelty without mercy , as hundreds can witness ; and consider well of the hard measure the lords people have received from many that are and have been in authority in this nation , because they could not put off their hats , swear , lie , and for going to their peaceable meetings , with other things too tedious here to mention . be counseled oh ye rulers , and be wise oh ye magistrates , least as others you be overturned ; if you do well happy shall you be , and are joycing to those hearts , whom others before you by oppression have sadned , and you even you shall be established in much peace , and all before you , as you abide in the lords power , shall fall ; but if you will not hearken to the lords voice , to do that which is well pleasing in his sight , to do justice and love mercie , and walk humbly with our god , but neglect the opportunity put into your hands , negligently & slightly do the worke of the lord , then shall you likewise be overturned , the lord god of hoasts hath spoken it , and the lord our god shall dash to pieces as a potters vessel , all who are hinderers of his work , that he may rule , whose right it is . i have herein discharged my self before the lord , whether you hear or forbear i am clear in his sight , and according to your work , so shall be your reward . j. h. finis . the petition of right of the free-holders and free-men of the kingdom of england: humbly presented to the lords and commons (their representatives and substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted liberty and birth-right. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the petition of right of the free-holders and free-men of the kingdom of england: humbly presented to the lords and commons (their representatives and substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted liberty and birth-right. prynne, william, - . , [ ] p. s.n.], [london : printed in the year, . attributed to william prynne. place of publication from wing. annotations on thomason copy: "jan. th. "; the " " in the imprint date has been crossed out. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a (thomason e _ ). civilwar no the petition of right of the free-holders and free-men of the kingdom of england:: humbly presented to the lords and commons (their represe prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion the petition of right of the free-holders and free-men of the kingdom of england : humbly presented to the lords and commons ( their representatives and substitutes ) from whom they expect a speedy and satisfactory answer , as their undoubted liberty and birth-right . printed in the year , . the petition of right of the free-holders and free-men of the kingdom of england in all humbleness shew unto the lords and commons now in parliament assembled ; that whereas the lords spiritual and temporal , and commons in parliament assembled , in the third year of his majesties reign , that now is , did , in their most famous petition of right , among other things , claim these ensuing , as their and our undubitable rights and liberties , according to the laws and statutes of this realm , viz. that no free-man in england should be compelled to contribute to make or yeeld any gift , loan or benevolence , tax , tallage , or other such like charge , without common consent by act of parliament . that no free-man may be taken or imprisoned , or disseised of his free-hold , or liberties , or free customs , or be out-lawed or exiled , or in any manner destroyed , or be adjudged to death , but by the lawful judgment of his peers by the law of the land , and due process of law . that the quartering of soldiers and mariners in any freemens houses against their wils , and compelling them to receive them , is against the laws and customs of this realm , and a great grievance and vexation of the people ; [ notwithstanding the commons in this present parliament , in their remonstrance of the state of the kingdom , decemb. . published to all the kingdom : that the charging of the kingdom with billeted soldiers ( complained of in the petition of right , as aforesaid ) and the concommitant design of german horse , that the land might either submit with fear , or be inforced with rigor to such arbitrary contribvtions , as should be required of them ; was a product and effect of the jesuited councels , of iesuites , papists , prelates , courtiers and counsellors , for private ends . and therefore not to be approved or endured in themselves , or in any officers or soldiers under their command , raised purposely to defend , and not invade our just rights and properties , especially since the wars determination in this realm , since they desire in that remonstrance , that all sheriffs , iustices , and other officers be sworn to the due execution of the petition of right , and those laws which concern the subject in his liberty . ] and that all commissioners for the executing and putting of men to death by martial law , ( except only in armies in time of war ) are wholy and directly contrary to the laws and statutes of this realm . and did in their said petition grievously complain , that by means of divers commissions , directed to sundry commissioners in several counties , his majesties people have been , in divers places , assembled and required to lend certain sums of money to his majesty ( pretended for the publick safety ) and many of them , upon their refusal so to do , have had an oath tendred to them , not warrantable by the laws and statutes of this realm , and been constrained to become bound to make appearance and give attendance before the privy councel and in other places , and other of them have been therefore imprisoned , censured and sundry other ways molested and disquieted , and divers other charges have been layd and levyed on the people in several counties by lord lieutenants , deputy lieutenants , commissioners for ministers , justices of peace , and others against the laws and free customs of this realm . and that divers subjects have of late been imprisoned without any cause , or any just or lawful cause shewn ; and when for their deliverance they were brought before his majesties justices by writs of habeat corpora , there to undergo and receive as the court should order , and their keepers commanded to certifie the causes of their detainer , no cause was certified , but that they were detained by his majesties special command , signified by the lords of his privy councel , and yet were returned back to several prisons without being charged with any thing , to which they might make answer according to the law . and that of late great companies of soldiers and mariners have been dispersed into divers counties of the realm , and the inhabitants , against their wils , have been compelled to receive them into their houses , and there to suffer them to sojourn against the laws and customs of this realm to the great grievance and vexation of the people . and that divers commissions under the great seal had been granted to proceed according to martial law against soldiers , mariners and others , by colour and pretext whereof some of his maiesties subiects had been illegally put to death and executed . and also sundry grievous offendors , by colour thereof , claiming an exemption have escaped the punishments due to them by the laws and statutes of this realm , by reason that divers officers and ministers of justice have uniustly refused or forborn to proceed against such offendors according to the said laws and statutes , upon pretence that the said offenders were punishable by martial law , and by authority of such commissions , as aforesaid . and therefore they did then in their said petition most humbly pray his most excellent maiesty , that no man hereafter be compelled to make or yeeld any gift , loan , benevolence , tax or such like charge , without common consent by act of parliament . and that none be called to make answer , or take such oath , or to give attendance , or be censured , or otherwise molested or disquieted concerning the same , or the refusal thereof . and that no free-man , in any such manner , as is before mentioned , be imprisoned or detained . and that his maiesty would be pleased to remove the said soldiers and mariners , and that his people may not be so burthened in time to come . and that the foresaid commissions for proceeding by martial law may be revoked , recalled and annulled . and that hereafter , no commissions of the like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid ; lest by colour of them any of his maiesties subiects be destroyed or put to death , contrary to the laws and franchises of the land . all which they then most humbly prayed of his maiesty , as their rights and liberties , according to the laws and statutes of this realm . and that his majesty also would vouchsafe to declare , that all the awards , doings and proceedings to the preiudice of his people , in any of the premises , shal not be drawn hereafter into consequence or example . to all which the king then fully condescended , and gave this royal answer in parliament ; let right be done as is desired . these undoubted rights , franchises and liberties , and that our knights and burgesses ought to enioy their ancient priviledges and freedom , and to be present at all binding votes and ordinances , we do here claim and challenge as our birth-right and inheritance , not only from his maiesty , but from both the houses of parliament now sitting , who have in sundry printed remonstrances , declarations and protestations , and in the solemn league and covenant , oft times promised and seriously vowed and covenanted , in the presence of almighty god , inviolably to maintain and preserve the same , and to bring the infringers of them to condign and exemplary punishment , and have engaged all the wel-affected free-born people of england , by like solemn protestations , leagues and covenants , to maintain and defend the same with their lives and estates : and therefore we at this present not only humbly desire but also require both the said houses and every member of them , even in point of justice , right , duty and conscience , not of favor or indulgence , inviolably , without the least diminution , to maintain , defend and preserve these our hereditary rights and liberties , intailed on us and our posterities by so many statutes , confirmed and ratified by such a multitude of late declarations , protestations , remonstrances , vows and solemn covenants , wherein they have mutually engaged us together with themselves , and for the preservation wherof against the kings malignant counsellors , and forces , and party , ( now totally subdued ) have of late years put us and the whole kingdom to such a vast expence of treasure and gallant english blood : and likewise pray their publick declaration against , and exemplary justice upon the present open professed invaders and infringers of them , in a more superlative degree then ever heretofore . for not to enumerate the manifold encroachments on , and violations of these our undoubted priviledges , rights and franchises , by members , committees , and all servants , of persons military and civil imployed by both houses , during the late uncivil wars , occasioned the inevitable law of pure necessity , all which we desire may be buried in perpetual oblivion , we cannot but with weeping eys & bleeding hearts , complain & remonstrat to your honors : that contrary to these undoubted rights ; priviledges and franchises ; many of us who have always stood wel-affected to the parliament , and done and suffered much for it , have partly through the power , malice and false suggestions , either of some members of both houses who have born a particular speen against us , but principally through the malice and oppression of divers city and country-committees , governors , officers , souldiers and agents imployed by parliamentary authority , been most injuriously and illegally imprisoned , sequestered , plundered , put out of our offices , benefices , livings , lands , free-holds , enforced to send divers sums of money without any act or ordinance , to take unlawful oaths , enter into bonds to make appearance , and give attendance upon severall persons and committees , both in the country , london , westminster , and other places , for divers moneths together , and have been confined , restrained , and sundry other ways oppressed , molested and disquieted , and utterly ruined ; of which when we have complayned to the houses , we can find either no redress at all , or such slender and slow relief , as is as bad or worse then none at all . and when we have sought our enlargement from our unjust imprisonments in a legal way , by writs of habeas corpora , in the kings courts ; our keepers have either refused to obey them , or to certifie the causes of our detainer , or else have certified generally , that we were detained by order or command of one or both houses , or of some committees or members of parliament , whereupon we have been remended to our respective prisons , without being charged with any particular offence , to which we might make answer according to law : and if we seek to right our selves against those who have thus unjustly and maliciously imprisoned , oppressed , plundered and disseised us of our free-holds , lands and goods , by actions of false imprisonment , trespass , trover , assise , or the like at the common law , which is our birthright ; these members and their servants , who have injured and ruined us , plead exemption from our suits , by reason of their priviledges , so as we neither can nor dare to sue them ; and committee-men and others , when we sue them for any injuries , trespasses or oppressions by land or sea , plead the ordinances of indempnity , to justifie their most unjust and exorvitant actions , warranted by no law nor ordinance whatsoever , and by colour thereof stay both our judgments and executions at law , after verdicts given against them for our relief ; and force us to travail from all parts of the kingdom unto westminster , and there to dance attendance upon committees of indempnity , and the like , for many weeks and moneths , til they enforce us to spend , more then the dammages we justly recovered , and to release our just actions and executions , at the last , contrary to our just rights and priviledges , the expres● letter of magna charta ; we will deny , we wil deferr right and justice to no man ; and to the very purport of the ordinances of indempnity , which never intended to exempt any committees or other officers , agents , souldiers or sea-men imployed by the houses from any unjust or injurious actions done out of private malice , or for private ends , or lucre , without , besides , or against all ordinances , or from any gross abuses of their power and trust to the peoples prejudice and oppression ( all which are now patronized and maintained by pretext thereof ) but only to secure them from unjust vexations and suits , for what they sincerely acted for the publike good , according to their trust and duties . and which is yet more sad and dolefull , the very greatest malignants , who have been most active against the parliament , and for our good affections and service to it , have burnt down much of our houses , seized upon our goods and estates , imprisoned , beaten , wounded and mained our persons , imposed heavy taxes on us , indicted us of high treason for bearing armes in the parliaments defence , and enriched themselves with our spoyles and estates ; by colour of the articles of oxford , exeter , winchester , and the like : exempt themselves from our actions and arrests , stay our judgments and executions after our expence , in suits and recoveries at the law , when we have received not one quarter of the damages we sustained by them , by verdict and tryall ; and summon us from all parts of the kingdom , to appear and wait for divers weeks before the committe of complaints at westminster , to our intolerable vexation and expence , where they find more friends and favour commonly then we , and force us to release both our damages and costs of suit to our utter undoing : the very extremity both of injustice and ungratitude , which makes malignants to insult and triumph over us , out of whose estates we wer by divers remonstrances and declarations of both houses , promised full satisfaction for all our losses and sufferings in the parliaments cause ; who are now on the contrary thus strangely protected against our just suits against them , for our sufferings by them , and are promised a general act of indempnity and oblivion ( as we hear ) to secure themselves for ever against us , whom they have quite undone ; which if obtained , wil break all honest mens herats , and discourage them ever hereafter , to act or suffer any thing for the parliament , who insteed of recompencing them for their losses and sufferings , according to promise and justice in a parliamentary way , do even against magna charta it self , and all justice and conscience , thus cut them off from all means and hopes of recompence or relief in a legall way , and put cavaleers into a far better and safe condition , then the faithfulest and most suffering parliamenteers , a very ingrate and unkind requital . besides we cannot but with deepest grief of soul and spirit complain , that contrary to these our undoubted rights and priviledges , many of our faithfullest knights and burgesses , whom we duly chose to consult and vote for us in parliament , have through the malice , practise and violence of divers mutinous and rebellious souldiers in the army ; and some of their confederates in the house , without our privity or consents , or without any just or legal cause , for their very fidelity to their country , for things spoken , done and voted in the houses , maintaining the priviledges of parliaments and opposing the armies late mutinous , rebellious , treasonable and seditious practises , been most falsly aspersed , slandered , impeached , and forced to desert the house and kingdom too ; others of them arrested and stayed by the army , and their officers , without any warrant or authority : others of them suspended the house before any charge and proofs against them ; others expelled the house , and imprisoned in an arbitrary and illegal manner , when most of the members were forced thence by the armies violence , without any just cause at all , or any witnesses legally examined face to face , and without admitting them to make their just defence as they desired : and that divers lords and members of the house of peers have likewise been impeached of high treason , sequestred that house , and committed to custody , only for residing constantly in the house , and acting in , and as an house of parliament , ( for which to impeach them of treason , is no lesse then treason , and so resolved in the parliaments of . r. . & . h. . in the case of tresilian and his companions ) when others who dis-honorably deserted the house , and retired to the mutinous army , then in professed disobedience to , and opposition against both houses , are not so much as questioned ; and all this by meer design and confederacy , to weaken the presbyterians and honest party in both houses , which were far the greatest number , and enable the independent faction , to vote and carry what they pleased in both houses ; who by this machivilian policy and power of the army ( under whose guard and power , the king , both houses , city , tower , country have been in bondage for some moneths last past ) have extraordinarily advanced their designs , and done what they pleased without any publike opposition , to the endangering of all our liberties and estates . nay more then this , we must of necessity remonstrate , 〈◊〉 the representative body of the kingdom , and both house of parliament , by their late seditious and rebellious army , have not only been divers ways menaced , affronted , disobeyed , but like wise over-awed , and enforced to retract and null divers of their just votes , declarations and ordinances against their judgments and wills , to passe new votes , orders and ordinances sent and presented to them by the army , to grant what demands , and release what dangerous prisoners they desired of them ; to declare themselves no parliament , and the acts , orders and ordinances passed in one or both houses , from the of july , to the of august meer nullities , during the speakers absence in the army , by a publike ordinance then layd aside by the major votes , and at last enforced to passe by a party of one thousand horse ( a far greater force then that of the apprentices ) drawn up into hide-park to over-awe the houses , because the generall and army , had voted them no parliament , and their proceedings null . since which they have in their printed treasonable remonstrance of the th of august , not only protested and declared against the members vote● and proceedings of both houses , both during the speakers absence and since , but likewise thus traiterously and rebelliously close up their remonstrance with this protest and declaration to all the world . p. . . that if any of those members , who during the absence of the speakers , and the rest of the members of both houses , did sit or vote in the a pretended houses then continuing at westminster , that hereafter intrude themselves to sit in parliament , before they have given satisfaction to the b respective houses whereof they are ▪ concerning the ground of their said sitting at westminster , during the absence of the said speakers , and shall have acquitted themselves by sufficient evidence ; that they did not procure nor give their consent unto any of those pretended votes , orders or ordinances , tending to the c raising and levying of a war ( 〈◊〉 is before ( falsly ) declared ) or for the kings coming forth with to london ; we cannot any longer svffer the same ; but shal do that right to the speakers and members of both houses who were * driven away to us , & to our selves with them d all whom the said members have endeavoured in an hostile manner to destroy ) and also to the kingdom , ( which they endeavoured to embroyle in a new war ) 〈◊〉 to take some speedy and effectual course * whereby to restrain them from being their own and ovrs and the kingdoms ivdges , in these things wherein they have made themselves e parties , and by this means to make war ; that both they and others who are guilty of and parties to the aforesaid treasonable and destructive practises and proceedings against the freedom of parliament and peace of the kingdom , may be brought to condign punishment , ( and that ) at the judgment of a free parliament , consisting ( duly and properly ) of such f members of both houses respectively , who stand clear from such apparant and treasonable breach as is before expressed : since which , they have in their general councel at putney and in their printed papers , voted down the house of peers and their negative votes , prescribed the period of this present parliament , and a new model for the beginning , ending , members and priviledges of all succeeding parliaments received and answered many publick petitions presented to them , and voted and resolved upon the question the greatest affairs of state , as if they only were the parliament and superior councel both of state and war ; voted the sale of bishops ▪ deans and chapters , and forrest lands for the payment of their ( supposed ) arrears , notwithstanding the commons votes to the contrary after sundry large debates ; voted against the houses sending propositions to the king ; to prevent which , as they first traiterously seised upon his person and rescued him out of the custody of the commissioners of both houses at holdenby , and ever since detained him in their power per force from the parliament ▪ so they have lately conveyed him into the isle of wight , and there shut him up prisoner without the privity and contrary to the desires of both houses . all which unparaleld insolencies and treasonable practises , we declare to be against our rights , freedom and liberties , and the rights and priviledges of parliament , and of our members there who represent us , and to his majesties honor , and safety , in whom we have all a common interest . and we do likewise further complain and remonstrate that the officers and agitators in the army , and their confederates in the houses , have contrary to our foresaid rights and liberties many ways invaded and infringed the rights and priviledges of the city of london , the parliaments chiefest strength and magazine , and metropolis of the whole kingdom , which extreamly suffers in and by its sufferings , and that by altering and repealing their new militia established by ordinances of both houses when ful and free , without any cause assigned , against the whole cities desire ; in marching up twice against the city in an hostile manner , not only without , but against the votes and commands of both houses ; in dividing and exempting the militia of westminster and southwark from their jurisdiction and command ; in seising upon and throwing down their line and works ( raised for the cities and both houses securities at a vast expence ) in a disgraceful and despiteful manner ; in marching through the city with their whole army and train of artillery in triumph in wresting the tower of london out of their power , and putting it into the armies and generals custody ; in removing the cities lieutenant of it without any reason alledged , and placing in a new one of the armies choyce ; in committing the lord mayor , recorder , aldermen , and divers colonel , captains and common councel men and other citizens of london ( who have shewed themselves most active and cordial for the parliament and impeaching them of such grand misdemeanors and treasons , which all the city and kingdom , and their accusers own consciences inform them they were more guilty of , without ever bringing them to a legal tryal ; only for doing their du●ies in obeying the parliament in their just commands , and standing up for their just defence according to their duty and covenant , of purpose to bring in others of their own faction into their places to inslave the city ; and commanding two regiments of foot to come and quarter in the city , and levy some pretended arrears t●●●ein by open force , which many by reason of poverty for want of trade and former loans and taxes to the parliament , are ●●●●rly unable to satisfie . and when such affronts and violence is offered to london it self by the army , by whose contributions and loans they were first ●●●sed and have been since maintained , and that under the parliaments notes , who are those engaged to them for then supplies and preservation and constant affections since their first ●●tting to this present ; the free-holders and free-subiects in the country and more remote counties , must necessarily expect free-quarter , affronts , pressures and violations of our just rights and liberties from them : the rather , because the garrison soldiers of the city of bristol , who not long since refused to receive the governor appointed them by both houses of parliament , have lately seised upon one of the wel affected aldermen of that city as he was sitting on the bench with his companions , and carried him away per force , refusing to enlarge , or admit any person to see or speak with him , or bring any provisions to him , til they receive some , moneths arrears in ready money and good security for al their remaining pay , and an act of indempnity for this their insolency and injurious action in particular , and all other offences in general , from both houses . of which unparaleld oppression and injustice from soldiers , who pretend themselves the only saints and protectors of our rights and liberties , we cannot but be deeply sensible , and crave your speedy redress in our liberties , rights and properties . but that which most neerly concerns us , and which we can no longer endure ▪ is this ▪ wherin we expect your present redress ; that this degenerated , disobedient and mutinous army , contrary to the votes and ordinances for their disbanding and securing their arrears in march and may last past , have traiterously and rebelliously refused to disband , and kept themselves together in a body ever since , offering such affronts and violence to the kings own royal person , both houses of parliament and their members and the city of london , as no age can paralel ; and yet have forced the houses when they had impeached and driven away most of their members , and marched up in a body against them and the city in a menacing , manner , not only to own them for their army , but to pass a new establishment of sixty thousand pounds a moneth for their future pay , to be levyed on the kingdom ( who now expect ease from all such taxes ) besides the excise and all other publick payments ; which now they importune the houses may be augmented to one hundred thousand pounds each moneth , and that they themselves may have the levying thereof : which insupportable tax being procured by force and menaces , when the houses were neither full nor free , against former votes and ordinances for the kingdoms ease , and not consented to by most of our knights and burgesses then driven away by the army , and dissenting thereto when present , and being only to maintain a mutinous and seditious army of sectaries , antitrinitarians , antiscripturists , seekers , expectants , anabaptists , recruited cavaliers , and seditious , mutinous agitators , who have offered such insufferable violence and indignities both to the king , ( whose person and life was indangered among them , as he and they confess ) the parliament , city , country , and so earnestly endeavored to subvert all magistracy , monarchy , ministry , all civil , ecclesiastical and military government , parliaments , religion , and our ancient laws and liberties ( as their late printed papers evidence ) that they cannot without apparant danger to the parliament ; king and kingdom , be any longer continued together , being now so head-strong that their own officers cannot rule , but complain publickly against them : and therefore we can neither in point of duty , conscience , law or prudence , subject to pay the said monethly tax so unduly procured by their violence , were we able to do it , being contrary to our solemn league and covenant , for the maintenance of such a mutinous and rebellious army , who endeavor to enslave and destroy both king parliament , city , kingdom , and monopolize all their power , wealth and treasure into their own trayterous hands , which they have wel nigh effected , having gotten the kings person , the tower of london , all garisons and forces in the kingdom by land , and the command of the navy by sea , into their power , and put the city and both houses under the wardship of their armed guards , attending at their doors and quartering round about them , and forced the run-a-way speakers and members not only to enter into and subscribe the solemn engagement to live and dye with them in this cause , but likewise to give them a ful moneths pay , by way of gratuity , for guarding them back to the houses , where they might and ought to have continued without any danger , as the other faithful members did , and to which they might safely have returned without the strength of the whole army to guard them . and to add to our pressures and afflictions , this godly religious army of disobedient saints , who pretend only our liberty and freedom from tyranny , taxes and oppression , demand not only this new heavy monethly tax , and the remainder of bishops , and all deans and chapters , and forrest lands in the kingdom , and corporation stocks for their arrears ( which if cast up only during the time of their actual service til the time they were voted and ordered to disband , wil prove very smal or little , their free-quarter , exactions and receipts for the parliament and country being discompted ) but ( which is our forest pressure ) do violently enter into our houses against our wils , and there lie in great multitudes many weeks and moneths together , til they quite ruine and eat out both us , our families , stocks and cattel , with their intolerable free quarter , and that in these times of extraordinary dearth and scarcity ; for which they raise and receive of us of late twice or thrice as much as their whole pay amounts unto , devouring , like so many locusts and caterpillars , all our grass , hay , corn , bread , beer , fewel and provisions of all sorts , without giving us one farthing recompence , and leaving us , our wives , children , families , cattel , to starve and famish ; the very charge of their free-quarter ( besides their insufferable insolencies and abuses of all sorts ) amounting in many places to above six times , or in most places to double or treble our annual revenues . besides the abuses in their quartering are insufferable ; many of them take and receive money for their quarters double or treble , their pay from two or three persons at once , and yet take oats and other provisions from them besides , or free-quarter upon others : some of them demand and receive free-quarter in money and provisions the double or treble the number of their troops and companies : others take free-quarter for their wives , truls , boys , and those who were never listed : others of them wil be contented with none but extraordinary diet wine , strong beer , above their abilities with whom they quarter , thereby to extort money from them ; and if an ▪ complain of these abuses , he is sure to be relieved with an addition of more , and more unruly quarterers then he had before . if they march from their quarters to any randezvouz , or to guard the houses , they must have victuals and money too , til their return . divers of the troopers and dragooners must have quarter for two or three horses a peece , which must have at least a peck of corn or more every day ( though they lye still ) both winter and summer ; their horse , and dragoons devouring above two thousand bushels of corn ( besides grass , hay and straw ) every day of the week , and this time of dearth , when the poorer sort are ready to starve for want of bread . in brief , the abuses of free quarter are innumerable , and the burthen of it intollerable , amounting to three times more then the whole armies pay , who are doubly payd all their pretended arrears , in the money & provisions they have received only for freequarter upon a just account ; and therfore have litle cause to be so clamorous for their pretended arrears from the state , who have received double their arrears of us , and yet pay us not one farthing for all our arrears for quarters when they receive their pay . which free quartering we do now unanimously protest against , as an high infringement of our hereditary rights , liberties , properties and freedom , and contrary to magna charta , the petition of right , and warranted by no express ordinance of parliament , now the wars are ended , and the army long since voted to disband , and such an excessive oppression and undoing heart-breaking vexation to us , that we neither can , nor are any longer able to undergo it . and therefore we humbly pray and desire this of both houses of parliament , as our unquestionable liberty and birth-right , of which they cannot in justice deprive us , without the highest treachery , tyranny , perjury and injustice ; that all these forementioned grievances and unsupportable pressures , under which we now groan and languish , may be speedily and effectually redressed without the least delay , to prevent a generall insurrection of oppressed and discontented people , whose patience , if any longer abused , we fear , wil break out into unappeasable fury ; and by their publike votes and remonstrances , to declare and order for our general satisfaction and ease . . that no habeas corpus shall be denyed to any free subject , imprisoned by any committe whatsoever , or by any officers or agents of parliament : and that any such person shal be bayled and discharged by the keepers of the great seal in vocation time , of the judges in the term , upon an habeas corpus ▪ if no legal cause of commitment or continuance under restraint shal be returned . . that every person who hath been wel-affected to the parliament , may have free liberty to prosecute his just remedy at law against every member of parliament , committee-man , officer or agent imployed by the parliament , who hath maliciously or injuriously imprisoned , beaten , sequestred , plundred or taken away his money or goods , or entered into his bounds and possessions contrary to law , and the ordinances of parliament , and the power and trust committed to him , notwithstanding any priviledg , or the ordinances , or any orders made for their indempnity ; which we humbly conceive , were only made to free those who acted for the parliament from unjust suits and vexations , for acting according to their duties , and not exempt any from legal prosecutions for apparent unjust , malicious and oppressive actions and abuses of their trust and power . . that no wel affected person may be debarred from his just and legal actions against malignants in commission , or arms against the parliament , who have imprisoned , plundered and abused them for their adhering to the parliament , by colour or pretext of any articles surrender , made by the general or any other , or by any future act of oblivion , so as they prosecute their actions within the space of years next ensuing ; and that the committee of complaint may be inhibited to stay any such proceedings , such judgments or executions , as prejudicial to the parliament , and injurious to their suffering friends . . that all members of either house of parliament lately suspended , imprisoned , impeached or ejected by the armys menaces and violence , without legall tryall may be forthwith enlarged , restored and vindicated , and both houses and their members righted and repayred against all such who have violated their priviledges and freedom , and freed from the guards and power of the army . . that the kings person may be forthwith delivered up by the army , into the custody and possession of both houses under pain of high treason , in any who shall detain him from them , that so a firm & speedy peace may be established between him and his people , for their comfort . and cornet joyce who first seised , and those agitators who lately intended violence to his royall person and life , may be apprehended and proceeded against . . that the imprisoned aldermen and citizens of london may be forthwith enlarged , restored and repayred ; and the repealed ordinance for their new militia revived ; the tower of london put into the citizens hands as formerly , and firm reconciliation made between the city and both houses . . that the isle of wight , and all garrisons by land , and the navy by sea , may be put into the command and custody of those who enjoyed them by votes and orders of both houses , before the of july last past , unless just exemptions can be taken to any of them by the houses . . that all votes and ordinances formerly made and repealed only by the menaces and over-awing power of the army may be revived , and all new votes and ordinances made by their threats and violence , when divers members were driven away by their terror , repealed and made voyd ; especially that ordinance for nulling all proceedings in parliament , during the speakers wilful absence , at least five times layd aside , by vote of the house commons ; and forced to pass by a particular menacing remonstrance from sir thomas fairfax and the army , and a party of a thousand horse drawn up in hide-parke to over-awe the houses , besides an armed guard then standing at their doors . . that the true grounds of the speakers and other members deserting the houses and repairing to the army and their entering into an engagement to the army , may be fully examined ; and what members subscribed their names thereto : and who of them that sate in the houses , at any time , during the speakers absence in the army . . that all recruited soldiers in the army ▪ entertained since the taking in of oxford , may be presently disbanded without pay , the residue reduced only to five or six thousand ; and none to be continued but such , who have taken the solemn league and covenant and shal be sworn to be obedient to both houses commands . . that no free-quarter shal from henceforth be taken by any officer or soldier in any gentlemans , husbandmans , ministers , merchants or tradesmans house without his free consent , and pay duly for the same , under pain of death , unless in a march for one night or two upon special service , when no other quarters can be procured , but only in inns , alehouses , and common victualing houses . and that no troopers horses may be allowed oats or provender , whiles they lie stil , and are out of actual service . . that all commissions for martial law may be revoked , and all soldiers , for all misdemeanors and offences punishable by law , made and declared to be subject to the jurisdiction and power of the judges of assise , justices of peace , and chief officers in any county and city ; and liable to arrests and executions for their just debts , and other actions at the common law . . that the tax for sixty thousand pound a moneth , for the armies pay , may be wholy remitted and taken off us ; and a moderate assessment only laid on the kingdom for the necessary relief of ireland , and pay of such few soldiers as shal be necessary to continue til the wel-affected in each county be put into a posture to defend it self and the kingdom . . that lieut. general cromwel , commissary ireton , and other members of the house of commons , residing in the army , and the councel of war and agitators , who compiled and drew up the late insolent and treasonable remonstrances and representations to both houses , especially that of the fifth of this instant december , may be forthwith apprehended and impeached of high treason , of which they are far more guilty then any members or citizens formerly accused or impeached by their means , out of the ruines of whose estates they desire the satisfaction of their own pretended arrears . . that the general and army , together with the councel of war , officers and soldiers of the army , may be presently sent to , and give an answer to both houses , whether they continue together as an army , by vertue of any commission and authority derived from the houses only ; and if so , to take an oath to be obedient to all their just commands ; or else keep together in a body , only by their own private engagement and authority as a pretended cal from the people , as john lilburn in late printed papers affirmes they do : which , if really true , we can repute them no other , but a most riotous assembly of rebels and traitors against king , kingdom and parliament , and their taking of free quarter on us against our wils , no better then burglary and felony , for which they ought to suffer death . . that the extraordinary dammages the kingdom , city and country have sustained by free quarter and loss of trade , through the armies refusal to disband , and late recruits , contrary to the votes of both houses for their disbanding ( which dammages amount to above twenty times their pretended arrears ) may be satisfied out of their arrears as far as they wil go , to be totally struck off for that purpose , and the residue out of the estates of such officers and others who have been the chief instruments of continuing and recruiting the army , and free quartering them neer the city , and consequently the original causes of these damages . the rather , because it is sir thomas fairfax and the councel of the armies own law and justice in their arrogant representation to the houses ; decem. . . p. . where they thus declare their desires . yet now , in justice , we cannot but desire that , besides the levying of the ( cities ) arrears at last , ( for which we have been put to stay so long ) there may now likewise be some reparation thought on from the city to the parts adjacent for abeve one hundred thousand pounds damage through the armies attendance here on the cities defaults and delays ; which reparation we ( if necessitated thereunto , or called upon by the country ) must in their behalf demand from the city to the ful ; and now also ( the rather in order to that ) we must earnestly desire , that the proceedings against those citizens and others lately impeached , may be hastned , and out of their fines or confiscations , some part of reparation may be made to the countries adjacent for the afores aid damages , which the crimes of those persons ( they should have said , the rebellion and disobedience of the officers and army to both houses ) did first bring upon them , &c. and what reparation of damages they thus prey from others , who are innocent and no causes of them , is just they should first make themselves , being the real authors thereof , by their own confession . all which we humbly pray , as our just rights and liberties , in our own and the whole kingdoms behalf , who shal , by gods assistance , with our lives and fortunes resolutely maintain and defend his majesties person and lawful power , the ancient priviledges and freedom of parliament , and our own unquestionable rights , properties and franchises ( according to our solemn vow and covenant ) against all encroachments , powers , and private factions whosover , for the honor , benefit , and safety of us and our posterities , and wil no longer suffer the king , parliament , city , country and kingdom to be enslaved and trambled upon by a dangerous and perfidious combination of self-ended men , who endeavor nothing but to advance themselves by our publick ruines and confusions . finis . notes, typically marginal, from the original text notes for div a e- a so they term them . b to wit , the fug●tive members who withdrew unto & engaged with the army , and by their engagement are made parties & incompetent iudges . c no , it was only for their own just defence against the armys force & rebellious reproaches against them . * they ran away before they were driven , & might have set on the said day as wel as others without disturbance , as they did the very next morning after the tumult . d a detestable parenthesis and horrid scandal . * this is their maintenance of the parliaments priviledges & freedom , & the liberty of conscience the army contends for . e this disables all your fugitive members . f those who treacherously fled to you , brought you up against the city , and signed your engagement , are no such members , but ingaged parties . to the right honourable the knights, citizens and burgesses now assembled in parliament. the humble petition of andrew church, george allen, thomas sander, robert parkinson, iohn tippin, and iohn wigmore as it was by them delivered to master speaker the of august, in the behalfe of the multitude of poore trades-men and artificers, in and about the cities of london and westminster, with the suburbs and liberties of them both, and by master speaker, presented to the honourable house of commons, the . of the same moneth. church, andrew, fl. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honourable the knights, citizens and burgesses now assembled in parliament. the humble petition of andrew church, george allen, thomas sander, robert parkinson, iohn tippin, and iohn wigmore as it was by them delivered to master speaker the of august, in the behalfe of the multitude of poore trades-men and artificers, in and about the cities of london and westminster, with the suburbs and liberties of them both, and by master speaker, presented to the honourable house of commons, the . of the same moneth. church, andrew, fl. . sheet ([ ] p.) s.n., [london : ] imprint from wing. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . london (england) -- poor -- early works to . a r (thomason .f. [ ]). civilwar no to the right honourable the knights, citizens and burgesses now assembled in parliament. the humble petition of andrew church, george allen, church, andrew a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable the knights , citizens and burgesses now assembled in parliament . the humble petition of andrew church , george allen , thomas sander , robert parkinson , iohn tippin , and iohn wigmore , as it was by them delivered to master speaker the of august , in the behalfe of the multitude of poore trades-men and artificers , in and about the cities of london and westminster , with the suburbs and liberties of them both , and by master speaker , presented to the honourable house of commons , the . of the same moneth . hvmbly sheweth , that the infinite number and increasing multitudes of aliens which have and still doe intrude themselves into this kingdome are so great both of french , walloones and dutch , and their accesse of using trades here in these citties and liberties , which is the rumating of the most part of the poorer sort of tradesmen in the said citties and liberties , that thereby the french , walloones and dutch have got our trades into their hands so , that we native borne subiects are enforced to be their servants , and have our bread snatched out of our hands by them , a thing not suffered in any other common wealth . that since the beginning of this happy parliament there have beene diverse petitions delivered to this honourable assembly for prevention of this misery and mischiefe , which we poore natives lye groning under the burden of . that we which suffer most ( by this grievance ) are poore men and not able to wage law , and therefore the more sleighted by those of eminency amongst us , and from our masters and officers can get noe reliefe in this case , our masters and governors in the places where we live having taken diverse summes of money to licence , admit , and allow the said aliens to trade as freely as wee , insomuch that many of us tradesmen which might have lived very comfortably on our trades and been helpefull unto others , are forced through want of imployment to be chargeable to the parishes in which we live , many even to beg , many to turne porters , day-labourers , waterbearers , chimney-sweepers , and the like thus the aliens are cherished , and many of them get great and unknowne estates , as it were even out of the subiects mouths . that a great part of the said aliens are roman catholiks , and but few of them that have any certificates to shew of what religion they are , or how they learned their trades which now they use . that the said aliens the most part of them live in allies , by-places , and odde corners , postering their houses with five or six families in one house , which is altogether very dangerous for infection , especially now in these cities and liberties . that by the tollerating such infinite numbers of them , they having gotten the most part of our trading into their hands , commercing one with another , and imploying men and women of their owne nations , as brokers , to sell and put off their workes and wares for them , whereby they doe dayly increase , which makes houses at excessive rents , and all provision the dearer . that we native borne subiects , are by the lawes of this land , to serve seaven or eight yeares for our trades before we are suffered to worke for our owne benefit : but on the contrary , the aliens and strangers at their first comming , set up as masters , or worke as iourneymen without restraint . that we englishmen are not suffered to enioy any of these priviledges in france , but must of necessity be servants there , and not be suffered to worke , no not so much as in our chambers , in paine of the losse of the commodities so wrought . therefore we laying aside all confidence in our magistrates masters & governours on whom we have relyed , we do here most humbly appeale to this honourable assembly , knowing that it is your desires and all you labour for , to doe good , to relieve the oppressed , to reforme abuses , and to heare all poore mens grievances : our request is to this honourable assembly , that your grave wisdomes will be pleased to take the premisses into consideration , and provide some fit meanes whereby we may be releived herein , and your petitioners as in all duty bound will dayly pray for your prosperities . by the king and queen, a proclamation for encouraging seamen and mariners to enter themselves on their majesties ships of war england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation for encouraging seamen and mariners to enter themselves on their majesties ships of war england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill and thomas newcomb ..., london : . "given at our court at kensington the fifteenth day of january . in the second year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- recruiting, enlistment, etc. great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion w r honi soit qvi mal y pense diev et mon droit by the king and queen a proclamation for encouraging seamen and mariners to enter themselves on their majesties ships of war. marie r. we being willing and desirous to give all due encouragement to such seamen as have already voluntarily entred , or shall voluntary enter themselves in our service , on board our ships of war in our royal navy , have thought fit , by and with the advice of our privy council , to publish this our royal proclamation ; and we do hereby promise and declare , that all such able seamen as have already entred themselves voluntarily on board any of our ships of war of the first , second , or third rates , since the first day of december last , shall receive six weéks pay as our free gift and royal bounty , which shall be paid them before the respective ships to which they belong shall sail from the buoy of the nore . provided that the said seamen do within twelve days after the date of this our proclamation , repair on board the respective ships on which they have so entred themselves , and give their constant attendance for fitting out to sea such ship as each of them shall belong unto , notwithstanding any leave which may have been given from their commanders for being absent ( otherwise they are not to expect to receive wages arrear from the time of their first entry ; ) nevertheless , if they shall so repair on board within twenty days after the date hereof , they shall receive as of our gift and bounty , six weéks pay ; and if they shall so repair on board before the twentieth of february next , they shall receive as of our gift and bounty , one months pay. and we do further promise and declare , that all such able seamen as shall voluntarily enter themselves on board any of our ships of the first , second and third rates within twenty days after the date hereof , shall likewise receive , as of our freé gift , and royal bounty , six weeks pay ; and such as shall so enter themselves before the twentieth day of february next , shall receive one months pay , to be paid as aforesaid , before the ships to which they belong shall sail from the buoy of the nore . and we are also graciously pleased to declare , that conduct money , according to the practice of the navy , shall likewise be allowed to such able seamen as shall voluntarily enter themselves on board any of our said ships , according to the true meaning of this our proclamation . and for the prevention of any deceits and abuses that may happen by any person or persons leaving the ships to which they belong , and entring him or themselves on board any other of our said ships , as aforesaid , in order to the obtaining of the bounty money herein before granted , we do hereby likewise direct , declare and command , that such seamen belonging to any of our ships or vessels whatsoever , as shall leave any the ships or vessels to which they belong , and enter themselves on board any other of our ships in order to the obtaining of the said bounty money , shall not only lose the wages due to them in the ship which they shall so leave , but shall also be severely punished according to their demerits . given at our court at kensington the fifteenth day of january , . in the second year of our reign . god save king william and queen mary . london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties , . by the king, a proclamation for the further adjournment of the two houses of parliament england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the further adjournment of the two houses of parliament england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall the nineteenth day of september, one thousand six hundred sixty and eight, in the twentieth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for the further adjournment of the two houses of parliament . charles r. the kings most excellent majesty having with the advice of his privy council , upon great and weighty considerations , resolved upon a further adjournment of his two houses of parliament , doth by this his proclamation publish , notifie , and declare , that he intends his house of peérs may adjourn themselves , and also his house of commons may adjourn themselves on the said tenth day of november , until the first of march next ensuing : whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and dispose themselves accordingly ; his majesty letting them know , that he will not at the said tenth day of november , expect the attendance of any , but onely such of either of the said houses of parliament , as being in or about the cities of london or westminster , may be present at the making of the said adjournment . given at our court at whitehall the nineteenth day of september , one thousand six hundred sixty and eight , in the twentieth year of our reign . god save the king . in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . die lunæ, martii, . ordered (upon the question) by the commons assembled in parliament, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ, martii, . ordered (upon the question) by the commons assembled in parliament, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : . the house to be called on april. this to be printed and sent to the sheriffs, who are to give particular notice to members within their counties -- cf. steele. signed: h: elsynge, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ, martii, . ordered (upon the question) by the commons assembled in parliament, ... england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae , martii , . ordered ( upon the question ) by the commons assembled in parliament , that on this day moneth ( being the twenty fourth of april next ) the house be called : and it is further ordered , that this order be forthwith printed ; and that the knights and burgesses of the several counties and places , do forthwith send this order to the particular and respective sheriffs , requiring them to give particular notice of this order to the respective members within their several counties . h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons . . a plea for the lords, and house of peers, or, a full, necessary, seasonable enlarged vindication of the just, antient hereditary right of the earls, lords, peers, and barons of this realm to sit, vote, judge, in all the parliaments of england wherein their right of session, and sole power of judicature without the commons as peers ... / by william prynne. prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a plea for the lords, and house of peers, or, a full, necessary, seasonable enlarged vindication of the just, antient hereditary right of the earls, lords, peers, and barons of this realm to sit, vote, judge, in all the parliaments of england wherein their right of session, and sole power of judicature without the commons as peers ... / by william prynne. prynne, william, - . v. (various pagings) printed for henry brome and edward thomas, london : . numerous errors in paging. imperfect: print show-through, pages stained with loss of text. errata: p. . reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a plea for the lords and house of peers . or a full , necessary , seasonable enlarged vindication , of the just , antient hereditary right of the earls , lords , peers , and barons of this realm to sit , vote , judge , in all the parliaments of england . wherein their right of session , and sole power of judicature without the commons house , in criminal , civil , ecclesiastical causes as well of commons as peers ; yea in cases of elections , breach of privilege , misdemeanors of the commons themselves , are irrefragably evidenced by solid reasons , punctual authorities , memorable presidents out of histories and records in all ages , most of them not extant in any writers of our parliaments : whose errors are here rectified ; the seditious anti-parliamentary pamphlets , libels of lilbourn , overton , and other levellers against the lords house , and right of judging commoners , fully refuted : and larger discoveries made of the proceedings , iudgements of the lords in parliament , in criminal , civil causes , elections , breaches of privilege , of their gallantry in gaining , maintaining , preserving the great charters , laws , liberties , properties of the nation , and oppugning all regal , papal vsurpations , exactions , oppressions , illegal ayds , taxes required or imposed ; and of the commons first summons to , and just power in parliaments , than in any former publications whatsoever . by william prynne esquire , a bencher of lincolnes inne . prov. . . remove not the antient land-mark which thy fathers have set , london , printed for henry brome , at the sign of the gun in ivie lane and edward thomas at the adam and eve in little britain , . to all the truly honourable , heroick lords and peers of the realm of england , who are real patriots of religion , their countries fundamental liberties , properties , great charters , laws , against all arbitrary tyranny , encroachments , illegal , unnecessary taxes and oppressions . right honourable , though true nobility ( alwayes founded in (a) vertue and real piety ) needs no other tutelar deity , or apologie , but it self , amongst those (b) ingenious spirits , who are able to discern or estimate its worth ; yet the iniquity of our degenerated age , and the frenzie of the intoxicated ignorant vulgar is such , that it now requires the assistance of the ablest advocates to plead its cause , and vindicate the just rights , privileges of the house of peers , against the (c) licentious quills , tongues of lawlesse sordid sectaries , and mechanick levellers ; who having got the sword and reines into their hands , plant all their batteries and force against them ; crying out like those babylonian levellers of old against the house of lords ; (d) rase it , rase it , even to the foundation thereof , and lay it for ever ●ver with the very dust ; beholding all true honor , worth , and nobleness shining forth in your honors heroick spirits , with a malignant aspect , because they despair of ever enjoying the least spark therof in themselves , and prosecuting you with a deadly hatred , because better , greater than ever they have hopes to be , unless they can through † treachery and violence make themselves the onely grandees , by debasing your highest dignity , to the lowest peasantry , and making the meanest commoners your compears . this dangerous seditious design hath ingaged me ( the unablest of many ) out of my great affection to royalty and real nobility , and a deep sence of the present kid tottering condition of our kingdom , parliament ( the very pillars and foundations whereof are now not only shaken , but almost quite subverted ) voluntarily , without any fee at all , to become your honors advocate , to plead your cause , and vindicate your undoubted hereditary right of sitting , voting , judging in our parliaments ; of which they strenuously endeavour to plunder both your lordships and your posterities ; and to publish these subitane collections to the world , ( now enlarged with many pertinent additions ) to still the * madness of the seduced vulgar , whom ignoramus lilburn , overton , walwin , and their confederates have laboured to mutinie against your parliamentary jurisdiction , † treading upon princes as upon mortar , and as the potter treadeth the clay , in their illiterate seditious pamphlets , whose arguments , pretences , presidents , objections , allegations i have here refuted by scripture , histories , antiquities , and parliament-rolls ; the ignorance whereof , joyned with their malice , is the principal occasion of their error in this kind . and truly were all our parliament rolls , pleas , iournals , faithfully transcribed , * and published in print to the eyes of the world , as most of our statutes are , by authority of both houses of parliament ( a work as worthy their undertaking , and as beneficial for the publike , as any i can recommend unto their care ) it would not only preserve them from imbezelling , and the hazards of fire and warr , to which they are now subject , but likewise eternally silence , refute the sectaries , levellers ignorant false allegations against your honors parliamentary jurisdiction and judicatur ▪ resolve , clear all or most doubts that can arise concerning the tower , jurisdiction , privileges of both , or either houses , keep both of them within their due bounds , ( the exceeding whereof is dangerous , grievous to the people , except in cases of absolute , real , present , urgent , not pretended necessity , for the saving of a kingdom ▪ whiles that necessity continues , and no longer ; chalk o●● the ●mi●ent regular way of proceeding in all kinds of parliamentary affairs whatsoever , whether of warr , or peace , trade or government , privileges or taxes , and in all civil or criminal causes , and all matters whatsoever concerning king or subject , natives or foreiners ; over-rule , reconcile most of the present differences between the king and parliament , house and house , members and members ; clear many doubts , rectifie some gross mistakes in our printed statutes , law-books , and ordinary historians ; add much light , lustre , ornament to our english annals , the common & statute laws ; and make all lawyers , all members of both houses far more able than now they are , to manage and carry on all businesses in parliament , when they shall upon every occasion almost have former presidents ready at hand to direct them ; there being now very few members , in either house , lords , lawyers , or others , well read , or versed in antient parliament roll● , pleas , iournals , or histories relating to them , the ignorance whereof is a great remora to their proceedings , yea oft times , a cause of dangerous incroachments of new iurisdictions over the subjects persons , estates , not usual in former parliaments ; of some great mistakes and deviations from the antient methodical rules and tracts of parliament ( now almost quite forgotten , and laid aside by new unexperienced , ignorant parliament members , who think they may do what they please ) to the publike prejudice , injury of posterity , and subversion of our fundamental laws , rights , liberties , in the highest degree , by new erected arbitrary committees , exercising an absolute tyrannical power over the persons , liberties , estates , freeholds both of lords themselves , and all english freemen . your lordships helping hand to the speedy furthering of such a necessary publike work , and your industrious , magnanimous , unanimous imitation of the memorable heroick presidents of your noble progenitors , in gaining , regaining , enlarging , confirming , perpetuating to posterity the successive grand charters of our liberties , when ever violated , in oppugning all arbitrary tyrannical proceedings , taxes , oppressions , encroachments , ill counsellors , and bad instruments both of kings and popes themselves ; in inflicting exemplary punishments upon all traytors , enemies to the publike , both in our parliaments , and the field too , when there was occasion , the principal whereof , i have * here presented to your view , in a chronical method , will be a great accession to your honour , the best vindication of your antient undoubted parliamentary jurisdiction , right , power , judicature , against all opposites ; till the accomplishment whereof , i shall humbly recommend this enlarged plea in your honors defence , to your noble patronage ; who can pitch upon no better , nor readier means to support your declining honor and authority , or to re-indear your selves in the peoples affections , than in these distracted , dangerous , stormy times , to ingage all your interest , power , activity , speedily to settle , secure gods glory , truth , worship , the publike laws , peace , liberty , safety of the kingdom , against all open opposers , and secret underminers of them ; to unburthen the people of their long-continued , heavy taxes , the souldiers insolencies , free-quarters ; to redress all pressing grievances , all oppressing arbitrary committees , proceedings , contrary to the rules of law and iustice ; to right all grieved petitioners ( especially such who have waited at least seven years space at your doors for reparations ) to relieve poor starved ireland ; raise up the almost lost honor , power , freedom , reputation of parliaments , by acting honourably , heroically like your selves , without any fear , favour , hatred or self-ends , by confining your selves , with the commons house , to the antient bounds , rules of parliamentary jurisdiction , proceedings , and by endeavouring to excel all others as farr in iustice , goodness and publike resolutions , as you do in greatness and authority . which that you may effectually perform , as it is the principal scope of this plea for your lordships ; ( which whether you stand , fall , or by way of remitter , recover your antient rights again , after a violent discontinuance of them for a season , will remain as a lasting monument to all posterity of your undubitable just right to sit and judge in all english parliaments ) so it shall be the constant prayer of , your lordships devoted servant , william prynne . from my study in lincolns inne , . junii . to the ingenuous reader . this plea for the lords and house of peers , was first suddenly compiled and published by me in the year , when (a) lilburn , overton , with their iesuitical and anabaptistical levelling confederates endeavoured by sundry seditious pamphlets , libels , petitions , then printed , dispersed in the city , army , country , to extirpate the lords and house of peers , together with the king and monarchy , by engaging the vulgar rabble , souldiers , and commons to suppresse , pull down , or cast off their superiour , just , antient , legal authority over them ; not only against the (b) expresse laws of god and (c) the realm , their own oaths , of supremacy , allegiance , protestation , covenant , ; but the very law of nature it self , universally received amongst all nations whatsoever : (d) haec enim lex naturae ▪ apud omnes gentes recepta est , quam nullum tempus delebit , ut superiores ▪ inferioribus ▪ imperent : which law these unnatural bedlams would now quite obliterate , endeavouring to set up that a●axy & disorder in government , which solomon , and god himself by him so much complain of ; eccles . . , , . there is an evil , i have seen under the sun ▪ as an error that proceedeth from the ruler , folly ( or persons of mean fortune , parts , birth ) is set in high dignity , and the rich set in low place : i have seen servants upon horses ; and princes walking as servants upon the earth : which disorder he thus censures , prov. . . delight is not seeml● for a fool , much lesse for a servant to have rule over princes : the sad effects whereof he thus relates ; prov. . , . for three things the earth is disquieted , and for a fourth , which it cannot bear , ( the 〈◊〉 and chief whereof is this ) for a servant when he reigneth . to which david subjoyns another ill consequence ; psal . . . the ungodly walk on every side , when the vilest of the sons of men are exalted : which the chald● paraphrase thus glosseth ; in circuitu improbi ambulant tanquam sanguisugae , † qui sugunt ▪ sanguinem filiorum hominum ; the peasantry , when exalted above the antient nobility and gentry , being usually both intollerably proud , insolent , cruel , blo●dy , according to the old observation of (e) claudians , and others ; asperius humili nihil est cum surgit in altum , cuncta ferit , dum cuncta timet ; desaevit in omnes vt se posse putent , nec bellua tetrior ulla quam servi rabies in libera coll● furentis ; agnoscit gemitus et paenae parcere nescit . this was experimentally verified , not only in (f) wil. langhamp heretofore , and other particular persons advanced from low degree to places of greatest honour ; but in the popular insurrections of (g) john cade , jack straw , wat tyler , and others , who intended to murther the king , destroy the nobles , judges , prelates , lawyers , and chief gent. they could meet with , than to seise upon their lands , estates , and make themselves kings , lords in their steads , and share the kingdom , government between them ▪ and by the (h) anabaptists proceedings of like nature at munster and other places in germany ; whom the present (i) levellers of this sect would doubtlesse imitate , could they get but sufficient power into their hands . my absence in the country whiles this plea was printing , caused many material mistakes of words , and one grosse mutilated transposition in cheddars case , in its first edition , p. , . which i could not correct , most of the books being dispersed before i could get an errata printed ; and the small time i had to compile it , necessitated me to omit many material records , presidents histories pertinent to this argument : whereupon to right my self , with the lords whose cause i pleaded , and the readers , i soon after resolved to publish a corrected much inlarged impression thereof ; but other publike imployments and publications retarding it , and the whole house of lords some few months after being forcibly suppressed , my self , with sundry other members of the comunions house secured , secluded , and after that dispersed and sent close prisoners by mr. bradshaws illegal warrants unto several remote castles , without any hearing or cause expressed , or recompence for the injuries , damages thereby sustained ; this much augmented plea hath lyen dormant ever since , and had never been awaked to walk abroad in publike , had not the late loud unexpected votes at westm . of , a * new king and house of lords under the name ▪ notion of another house , passed by some who had lately ( c ) suppressed , decryed , engaged against them both as uselesse , dangerous , oppressive , burthensom , tyrannical , &c. revived , and raised it out of the grave of oblivion . the subject matters principally debated and vindicated in it are only two . first , that all the dukes , marquesses , earls , viscounts , barons , lords of england have an undoubted antient , just right , privilege to sit , vote in all parliaments of england , without any election by or commission from the people , with the true grounds thereof . ly . that the judicial power , judicature , and jugdements in parliament , belong wholly and soly to the king and house of lords , not to the commons house , and that in all criminal , civil , or ecclesiastical causes whatsoever proper for parliaments to decide , both in the cases of commoners and clergy men , as well as peers ; who are onely triable both in and out of parliaments by their peers , here plentifully evinced . in debating these two points , i have briefly proved the antiquity of our lords and nobles sitting , ●oting in all parliamentary great councils , both under our british , saxon , danish , norman , and english kings , before any knights , citizens or burgesses were admitted into our councils , or parliaments ; which having more particularly demonstrated by undeniable presidents , in my historical collection of all the antient great councils and parliaments of england ; in my antiquity triumphing over novelty , p. , . . to . and in my , , & . parts , of an historical , seasonable vindication and collection of the fundamental rights , privileges , laws , &c. of all english freemen , printed . . & . ( wherein all the great councils , and parliamentary assemblies from brute to william the conquerer , are chronologically collected and epitomized : ) i shall referr the reader thereunto for full satisfaction of the antiquity of our parliamentary councils , and the lords constant sitting , voting , judging in them . ly , because (l) many of our late historians , antiquaries , lawyers , and others , derive our parliament as now constituted , and the calling of knights , citizens , and burgesses to them , from the parliamentary council held at salisbury in the . year of king henry the . or at least from king henry the . his reign , ( which the forged imposture stiled modus tenendi parliamentum , and (m) sir edward cook , seduced by it , would advance as high as edward the confessor , as if there had been knights , citizens and burgesses usually summoned to all parliaments in his reign and ever since ; ) i have herein given you an account out of our antientest and best historians , of all the parliaments and proceedings in them , both under king henry the . & . and most others under their immediate successors , infallibly proving there were no knights , citizens ▪ and burgesses in the parliaments held under either of them , and that their first summons to parliaments ( for ought appears ) was but in h. . not before , since which they have been usually summoned , but yet in a various manner . ly . i have evidenced by many memorable histories , presidents , records in all ages : ( the most whereof were never mentioned by any who have formerly written of parliaments ) that the judicature in our parliaments resides solely in the king and house lords , not only in all * criminal cases of lords , peers , commons , and in all civil and ecclesiastical businesses , appeals , and writs of error there descided ; but likewise in all cases of elections , breach , or allowance of privilege of parliament , and misdemeanours relating to the house of commons themselves , their speakers , members , and menial servants . to which i shall only add , that the late king in his printed (n) answer to the . propositions of both houses , june . thus declares : that the lords being trusted with a iudicatory power , are an excellent screen and bank between the prince and people , to assist each against any incroachments of the other ; and by just judgements to preserve that law , which ought to be the rule betwéen every one of the thrée . ly , i have herein for the benefit of all students , professors of the law , and others , ( who take all sir edward cooks opinions , records , for undoubted oracles , without examination , and swallow down all his mistakes ) discovered many of his gross errors , oversights , misrecitals and pervertings of records , in matters relating to our parliaments ; evidenced his much magnified modus tenendi parliamentum , to be a meer late imposture , full of mistakes , concerning the antiquity and judicature of the commons house ; and * refuted sir edward cooks mistaken law , as in other points , so in this : ( ) that the kings general writ of summons to any knight or esquire to the house of lords , ( by the name of knight or esquire , without any special clause of creating him a baron or lord in the writ . ) doth neither ennoble himself , nor his heirs , nor make them lords and barons , though they sit in the lords house ( as he asserts , it doth ; ) unless they held by barony of the king before , and were barons by their tenure : the general writs of summons stiling them only knights and esquires , as before , not lords or barons , and having no clause in them , that will amount to the creation of a lord , much less of a baron , which title , or word baron is not mentioned in the writ ; nor doth it affix their lordship or barony to any particular place , as all ( ) writs and patents that create men lords or barons use to do . for the further clearing of this point , you may observe , that the writs of summons in the clause rolls , do sometimes stile the persons summoned , barons : thus all or most of the ( ) writs of summons from . e. . to e. . are directed , willielmo baroni de graystocke chivaler : radulpho , johanni , & radulpho baroni de graystocke ▪ sometimes the writs stile them lords ; as ( ) johanni talbot domino de furnival , in h. , &c. in ann : , , , , , , h. . and e. . the writs are , henrico peircy domino de poymiger , domino de poynings , domino de ferrariis de groby , thomae domino de roos , richardo woodvil militi , domino de rivers ; roberto hungerford mil ▪ domino de mollings , willielmo beuchamp , domino de sto amando , jacobo de fynes , domino de say et seal ; edwardo gray mil. domino de groby , h. domino de poynings , johanni sturton mil. domino de sturton , johanni domino de clinton , edoardo nevil domino de burgaveny , willielmo bourchier mil. domino de fitzwarren , henrico bromflet domino de vessey , thomae grey domino de richmond , tho. percie mil. domino de egremont , ricardo wells domino de willoughby mil : richardo fynes domino de dacre . though in most antient and later writs , the word dominus is omitted ; and the name of the barony only used ▪ somtimes there is a special clause of creation in the writ it self , as in clause h. . m. . dorso ; * henrico bromfleet ▪ mil ▪ crea●ing him & the heirs males of his body lawfully begotten barons of vessey . these writs which thus stile th● barons , lords , & create them such by special clauses , as patents doe , will make those knights and esquires , lords or barons , who were none before : but a general writ which terms them only knights or esquires ; and gives them neither the title of lords or barons ; nor creates them such , cannot make themselves or their posterity lords or barons , unless they held by barony , and then they are barons only by tenure , not writ . this is clear , as i conceive , by the very year-books of e. . f. . a. where a juror in the grand assise was challenged , because he was a baner , or baron , and this challenge not allowed ; car sil soit a baner , & ne tient pas per baroni , il seruera in l'assise ; by e. . f. b. brook challenge . where sir ralph everden knight brought a writ out of chancery , and also a privy seal to the justices , rehearsing that he was a baron , and commanding them to ( ) discharge him from being sworn in assises , because barons ought not to be sworn in any enquest or recognisance against their wills . whereupon judge belknap examined him , sil tient per borony ? & sil avera tout ceo temps venus a parlement come baron duist vener ▪ who answered , that he held by a certain part of a barony , and that he and his ancestors had alwayes held so : after which , upon good advice he was discharged . the tenure by barony , and comming to parliaments in belknaps opinion being that which makes men barons , not the general writ of summons , unless they held by barony : which opinion is fortified by an. h. . fitzh . prescription , . m. h. . dower . m. h. . partition , . tr. . e. . fitz. assise . e. . . b. h. . . trial. . h. . . a. sir edward cooks ▪ instit . p. . gilbert de vmphrevils case ; with what sir edward himself hath observed in his instit . p. . which i thought fit to add ( for further clearing of this moot-point ) to what i have herein collected touching this subject . ly , i have here , p. . to . . to . , to . . to , &c. produced many memorable presidents and records of our lords and barons magnanimous , strenuous , unanimous oppositions of all regal and papal usurpations , oppressions , exactions , encroachments on the peoples liberties , or properties in former ages in our parliaments ; of their care , vigilancy , industry , courage to gain , retain , confirm , and perpetuate to posterity those grand charters of our liberties , and fundamental laws , privileges , franchises , which we formerly enjoyed by their valour , and so long contested for both in parliaments and the field , against the late king , with the prodigal expence of much christian bloud , and many millions of treasure ; which yet now at last are almost totally lost , betrayed , deserted , disowned both by the nobility , gentry , lawyers , clergy and commonalty of the nation , through base , unworthy , unchristian , unenglish , ignoble fear and cowardise , to their eternal infamy and reproach , unless the † god of the spirits of all flesh , shall infuse new life , and english spirits into their spiritless , stupid , timorous , faint-hearted , slavish , and almost despairing souls , by the serious contemplation of those heroick presidents of their ancestors here represented to their view , especially when publikely assembled in parliament , and pressed to burden the people with new aydes and taxes , though very rare , small and inconsiderable , in respect of the manifold heavy incessant taxes , excises , imposts , which we have for many years last past susteined , to fight our selves into greater slavery , beggary , confusion every year than other , and hasten the total and final desolation of church , state , religion , laws , liberties , parliaments , kingdom , if ▪ god of his infinite goodness prevent it not , by induing the lords of the great council of parliament , and all the nobility , clergy , lawyers , gentry , commonalty , and soldiery of the land with grace , wisdom , understanding , magnanimity , unanimity and activity to know and pursue * in this their day , the things which belong to their peace , liberty , ease and settlement ; which shall be my daily letany for them . ly , i have here published to your view , the articles , proceedings , ●udgements in parliament against the two spencers , roger m●rtimer earl of march , king edward the . and richard the . out of the records themselves , more fully , truly , than they are related by our * vulgar historians , to rectify some mistakes in them , and presented you with the memorable petition of the commons , and the kings answer thereunto in the parliament of edw. . setting forth his pedegree , title to the crown at large , disproving the titles of henry the , , . branding them as meer usurpers ; condemning henry the . his deposition and murder of king richard the . as a most tyrannical , wicked , bloudy , unchristian act , murder , execrable both to god and men , which dr●w down exemplary judgements on the land , and occasioned bloudy intestine wars ; repealing all proceedings , acts , ordinances for the establishment of this usurper : and attainting k. henry the . his queen , son , and all their adherents of high treason : a record never formerly published . and i have cleared these presidents from those false inferences , to prove , the commons joynt interest in the judicature of parliament with the lords , and justifie those exorbitant proceedings , which some have erroniously deduced from them . ly , in this plea , i have for the most part recited the passages of our antient parliaments and records , in the same language our old historians and records relate them , both to avoid all suspitions of any mistranslation , and because their own language more elegantly expresseth them ; and will give greater satisfaction to the learned of all professions ( for whose benefit and instruction i have chiefly published them , not for the illiterate vulgars ) than any translation whatsoever . if there be any lack-latin lords or lawyers of so ignoble education or extraction , that they cannot understand them , i presume they have some chaplains , secretaries , steward , or clerk belonging to them , or learned friends near them , who can interpret those passages in it , which will be a shame for any nobleman or lawyer to profess in publike he understands nor ; for if lawyers understand not latin or french records when printed ; how will they be able to read or make use of them in the tower , or treasuries , the principal magazines both of that kind of learning and law , which concerns either our parliamentary or state-affairs ; which will be wholly lost in few years more , if all students of the law ( as many now do ) turn english lawyers only , and cast off the use both of latine and law-french in their publike mootes ; the readiest method to make them real ignoramusses , and as void of law , as of these languages wherein the records are registred . it is our saviours observation , john . , . that light is come into the world , and men love darkness more than light , because their deeds are evil : for every one that doth evil hateth the light , neither cometh to the light , lest his deeds should be discovered or reproved . and * st. paul complains of the foolish galathians , whom some had bewitched that they should not obey the truth ; that though at first they so respected him , that if possible , they would have plucked out their own eyes and given them to him ; yet soon after , reputed him to be their enemy , because he told them the truth . i doubt the old and new lights , and unknown parliamentary truths , proceedings discovered to the ignorant blind world in this plea , though amiable , delightfull in themselves , and gratefull to all true philopaters , philologers , and lear●ed nobles , statesmen , lawyers , scholars , ( in this degenerous age , wherein all sorts of learning , and insight in records or parliamentary antiquities are very much decayed ; ) will yet be very displeasing to some sorts of ignorant , heady , extravagant persons , who love darkness ▪ more than light , because their deeds are evil ; but more especially to the anabaptistical levellers , lilburnians , innovating publicans and republicans ; much like the † chaldeans of old , a bitter , and hasty nation , lately marching through the bre●th of the land to posses● the dwelling places that are not theirs : they are terrible and dreadfull ; their judgement and dignity proceedeth of themselves ; they are all for violence ; they scoff at kings , and princes are a scorn unto them , as appears by their late votes , declarations , engagements , not only against kings and kingship , but the whole house of lords , and to ●lliterate self-conceited lawyers , and ignorant members of the commons house , who deem that house , and its committees , if not every member of it , the only supream judges and judicature of the realm , paramount our kings , lords , laws , liberties , great charters , and all other courts of justice , having an absolute , arbitrary , unlimited power , to act , vote and determine what they please , without appeal or consult , which this plea irrefragably disproves as a most gross and dangerous mistake ; for which they will frown upon it , if not ●ate and prosecute me as their enemy . but the sun must not cease from shining because weak and sore eyes will be offended with its splendor , nor seasonable truths of most publike concernment be concealed , smothered in time of greatest need , because ignorant , erronious , sottish , ●air-braind , levellers or innovator † will be displeased with , and storm against them , they being always * sweet and lovely in themselves , yea precious to the best of men ▪ and will prove victorious in conclusion , though clouded , suppressed , maligned for the pre●ent ; yea he who by the publication of such truths , † rebukes wise , ingenuous mens extravagant actions and opinions for the present , shall afterwards find more favour with them ( when they come to know themselves and their mistakes , by meditating on the truths revealed to them ) he● he that flattereth them with his lips , in their exorbitant actions , or erronious opinions . i shall therefore recommend this plea for the lords , and all the truths therein discovered , asserted , to the omnipotent ●rotection , and effectual blessing both of , (c) the lord of lords , and (d) god of truth , whose eyes are upon the truth , in this sad age of errors , falshoods , lies , fraud , and desperate hypocrisie , wherein truth is fallen in the streets , and he that dares boldly assert it , is reputed mad , and maketh himself a prey : and shall leave it as a lasting monument to posterity of my cordial affection to the antient parliamentary proceedings , lords , peers , laws , liberties , properties , great charters of the english nation , and my sincere endeavours to plead their cause in the worst of times , against all their antagonists and professed enemies , though never so numerous and formidable , albeit to my own private prejudice . whatever the reader shall find wanting in this plea relating to the constitution , summons , proceedings of our antient , english parliaments in general , or to the power , judicature , rights , privileges , transactions of our kings , lords , or house of com. in parl. in particular , you may read at leisure in my preface and tables to an exact abridgement of the records in the tower of london , from the reign of king edward the . to richard the . and in the abridgement it self , collected by that famous antiquarie , sir robert cotton , lately published ; which will better instruct the readers in all parliamentary affairs , than all the slight unsatisfactory treatises of our parliaments , hitherto published , except this plea ; which i humbly submit to the friendly imbrace , and impartial censure of every judicious reader , especially of my own profession , for whom it is most proper ; whose general ignorance and mistakes in parliament antiquities , proceedings , and matters of the crown , hath brought some disparagement upon the function , and led others into dangerous publike errors ; which that this plea may wipe off , and rectifie hereafter for the common benefit , ease , settlement , re-establishment of our late dissipated parliaments , and confused , distracted nations , shall be the vote and dayly prayer of thy unfeigned friend , and his countries publike unmercenary servant , william prynne . lincolns-inne decemb. . a plea for the lords , and house of peers . or , a short , yet full and necessary vindication of the judiciary and legislative power of the house of peers , and the hereditary just right of the lords and barons of this realm , to sit , vote , judge in the high court of parliament . the treasonable destructive design of divers dangerous anabaptists , levellers , agitators in the army , city , countrey , and of lilburn , overton , ( their champions , ring-leaders in this seditious plot ) to dethrone the king , unlord the lords , new-model the house of commons , extirpate monarch● , suppress the house of peers , and subvert parliaments , ( the only obstacles to their pretended polarchy & anarchy ) are now so legible in their many late printed petitions , l●bels , pamphlets , so visible in their actings , and publike proceedings , that it rather requires our diligence and expedition to prevent , than hesitancy to doubt or dispute them , they positively protesting against , yea denying both king and monarchy , in their (a) late printed pamphlets , remonstrances , with the power , judicature of the house of peers , and their undoubted just hereditary right to vote , act , or sit in parliament , because they are not elec●ed by the people as knights and burgesses are ; asserting , (b) that they are no natural issues of our laws , but the exorbitances and mushromes of prerogative , the wenns of just government , the sons of conquest and usurpation , not of choice and election , intruded upon us by power , not made by the people , from whom all power , place , and office that is just in this kingdom ought to arise ; meer arbitrary tyrants , vsurpers , an illegitimate and illegal power and judicatory , who act and vote in our affairs but as intruders ; who ought of right not to judge , censure , or imprison any commoner of england , even for libelling against them , refusing to appear before them , reviling and contemning them and their authority to their faces at their very barr , ( as lilburn , overton boast and print they did ) or breaking any of their undoubted privileges . to accomplish this their design the better , they endeavour by their most impudent flattery to ingage the house of commons against the house of peers , the better to pull them down ; stiling and proclaming the commons in their (c) petitions and pamphlets , the only supreme legal judicatory of the land , who ought by right , to judge the lords and their proceedings , from whom they appeal for right and reparations against the house of peers ; affirming , that in the commons house alone resides the formal and legal supreme power of england , who only are chosen by the people ; and therefore in them only is the power of binding the whole nation , by making , altering , or abolishing laws , without the kings or lords concurrent assents : to whom they now absolutely deny any negative voice ; making the commons a compleat independent parliament of themselves ; & therefore present all their petitions , add esses to them alone , without any acknowledgment or notice of the house of peers , to whom they deny any right or title to sit or vote in parliament , unless they will first divest themselves of their peerage , and barons right of session , and submit to stand for the next knights and burgesses place in the house of common that shall fall void ; where , if they may have any voice or influence , the meanest cobler , tinker , weaver , waterman , shall be elected a knight or burgess , sooner than the best and greatest peer , and every john of leyden preferred before king or prince charls himself : sic sceptra ligonibus aequant ; which petitions and pamphlets of theirs have so puffed , so bladdered up many novices , and raw parliament-men in the commons house , unacquainted with the original constitution , bounds , proceedings , laws , customs of the parliaments of england , that they begin to act , vote , dispose of the army , navy , &c. without , yea against the lords , not expecting their concurrence , contrary to all former proceedings of parliament , the lords just privileges , and their own solemn league , covenant , to maintain them ; which may prove very destructive to both houses , the parliament , king , kingdom ; oppressive to their representatives the people , ( who generally dislike it ) if not timely redressed ; and breed such a deadly feud between the houses , as may soon ruine them both and the kingdom to boot . the end of these anabaptists , levellers , lilburnians being only to * destroy the parliament , by setting both houses at variance , they inveighing as bitterly against the power , proceedings , ordinances , votes , members , undue elections , unequal constitution of the house of commons , as they do against the lords ; hereupon they have most earnestly pressed in their (d) pamphlets , their late (e) remonstrances , engagements from their confederates and agitators in the army , a speedy period and dissolution of this parliament , a new modelling and more equal distribution of the members in the very house of commons for the future , &c. all which petitions , papers , remonstrances , pamphlets of theirs tending to the utter subversion of parliaments , the fundamental laws , government of the kingdom , yea , to an introduction of arbitrary popular polarchy and tyranny , are rather to be ranked among and more agreeable to jack cades , or the earl of straffords and canterburies treasons , ( which they exceed by many degrees ) than to be slighted or countenanced as they are ; the keeping up the honour of our peers , the rights , privileges of both houses within their just bounds , without interfeiring or incroachment upon one another , or invading the peoples liberties , being the only probable means of their , of our preservation , settlement , security ; upon which consideration , i shall here endeavour as briefly , yet fully as i may , to vindicate the undoubted right of the lords or peers of this realm to sit , vote in parliament , notwithstanding they are not elected by the people ; and to make good their right , power of judicature , as well of commoners as peers , against all the cavils of jesuited anabaptistical levellers , lilburnians , sectaries , agitators , whom i hope so farr to silence and stop their mouths , if not convince their judgements , that they shall never be able to reply hereunto . section . . proving the lords antient undoubted right to sit and vote in all english parliaments , with the grounds thereof , though not elected by the people . the sum of all these levellers object against the lords right of sitting , voting , judging in parliament , is this : (f) that they sit there only by patent , by the kings will , tenure or descent ; not by the peoples free election alone , as the knights , citizens , and burgesses doe : that the people never intrusted nor invested them with any power , but the king ; that they represent themselves only not the commons ; and are the sons only of conquest , of usurpation ; ( brought in by the conquerour , ) not of choice and election , . to this i answer : first , that our lords , dukes , earls , barons , nobles ( yea archbishops , bishops , abbots , priors too who held by barony ) ●ate antiently in all our general national councels and parliamentary assemblies , many * hundred of years before the conquest , both in the britons and saxons reigns , by right of their peerage and tenures , as now they doe , as i have unanswerably proved in my historical collection of the antient parliaments and great councils of england : my antiquity triumphing over novelty , p. . to . and in my , , and . parts of a seasonable and legal vindication and chronological collection of the good old fundamental laws , &c. of all english freemen . which is likewise attested by modus tenendi parliamentum , (g) sir edward cook , vowel , (h) others , and all our historians ; therefore this is a gross mistake , that they are the sons of conquest introduced by the conquerour : the rather , because in all empires , kingdoms in the world , though free and never conquered , their princes , dukes , nobles , lords and great officers , have ever sate in all their parliaments , senates and general councels of state , by reason of their honors and places only , without any popular elections ; as is clear by these texts of scripture , chron. . , . c. . , . &c. c. . . . . chron. , , . c. . , . &c. c. . , . , . c. . , , , . c. . , . c. . , . neh. . . c. . esther . . to . dan. . , . chro. . . c. . . ezra . . c. . . sam. . . c. . . to . psa . . . prov. . . . isa . . , , . jer. . . c. . . . c. . . . c. . , . c. . . . . dan. . , , , . jonah . . psa . . . isa . . . . * compared together , and by all historians and polititians testimonies . . secondly , that they sit there only by the kings patent is false : for first , many peers , nobles have been created in and by (i) parliament , at the commons earnest petitions , by patents confirmed in parliament , of which there are many presidents . secondly , though the kings writ or patent create others of them peers , barons , without the peoples consent , yet the laws and statutes of the realm made by the commons consents , and approved by the people , allow the king this power , yea authorize (k) enjoyn all lords , barons , to sit in parliament , when thus creaned , if there be no just exceptions taken to them by the houses ; therefore though they are created lords and sit in parliament by the kings patents or writs onely , by way of instrument or conveyance , yet originally they are made lords , and sit there only by the laws and statutes of the realm , to which all the people have consented ; of which more hereafter . thirdly , all antient and new cities , burroughs who send citizens or burgesses to parliament , and counties , who send knights to parliament , were originally created and invested with this power to elect citizens , burgesses , and knights for the parliament (l) only by our kings letters and charters , not by the peoples inherent right of election ; since none of them doe or can choose or send knights , citizens , or burgesses to parliament (m) without the kings charters authorizing them , and his wr● to elect them first directed to them but only by power and vertue of them ; therefore if the lords sitting in parliament be illegal , unwarrantable , because they sit only by patents and writs from the king ; the sitting of knights , citizens , burgesses must be so too , because they are elected only by the kings writ , and the people enabled to elect them only by his patents , the * power of creating counties , cities , boroughs , knights , being originally in the king , as well as the power of creating lords and barons . thirdly , that the general election of the people is not absolutely necessary , nor essential to the making of a lawfull king , magistrate , counseller of state , peer , member of parliament , ( nor yet of a minister ) as the objectors falsly pretend , who take it for granted as an infallible truth and maxim of state : for then it will necessarily ensue from hence . . that * god himself is no lawfull king or governour over all the world , and creatures in it , because not chosen or elected by the general voice of the creatures and mankind to be king over them ; and because the greatest part of men reject his yoak , laws , government , exod. . . psal . . , , , . lu. . . . yet the lord still reigneth as a lawfull king over them , by his own right of creatorship and godhead , psal . . . . ps . . . ps . . . ps . . . ps . . . ps . . . jer. . . dan. . . . ps . . . psal . . . ps . . . ly , that jesus christ himself , who is a king by birth-right , sonship , and inheritance only , being born king of the jews , sitting upon the throne of david his father , and reigning over the house of jacob for ever , by vertue of his sonship only ; as mat. . . lu. . , . ps . . , , . heb. . , , . acts . , , . ezech. . , . c. . , . mar. . . . isa . . , . c. . , , &c. jer. . , , , . c. . , . c. . . hos . . . rev. . &c. resolve , & was not chosen king ●is saints , church , subjects , people , but chuseth them to be his leiges , john . . eph. . . pet. . . rev. . . deut. . . ps . . . psal . . . shall upon this account be no lawfull king or governor over his saints , church and subjects ; but a meer usurper , intruder , tyrant over them , ( as they stile kings by birthright , not popular election ) which is the highest blasphemy to affirm . ly , then it will likewise inevitably follow , that neither (n) moses , (o) joshua , (p) nehemiah , (q) saul , (r) david , (ſ) solomon , nor any of the (t) pious kings of juda , nor christ himself , and other kings who came to the crown by * gods immediate designation , or by descent , birth-right and lineal succession , were just , lawfull governors or kings , which none dare averr ; that the (v) . elders , the princes ▪ (x) nobles , chief captains , judges , and rulers under moses , and their kings , with other governours , and the jewish sanhedrim , were no lawfull judges , magistrates , counsellers of state , or members of their general congregations , parliaments , assemblies , since we read of none of them chosen by the people , but only designed by * god himself , or made , created such by their kings , governours , who both called and summoned them to their general congregations , assemblies , judicatures , as the premised texts and others evidence . that (y] joseph , (z) mordecai , [a] daniel , shadrac , mesec , abednego , were no lawfull rulers or magistrates , because made such even by heathen kings , not by the peoples choice . and that none of the levites , priests , high priests , or prophets under the law were lawfull , because none of them ( that we read of ) were made levites , priests , high priests or prophets by the peoples own choice , but by [b] descent and succession in the selfsame tribe ; or by gods own immediate call and appointment ; as * john baptist , † christ himself , the * apostles , the disciples , and others under the gospel were made ministers , apostles , evangelists , preaching elders , without the peoples call ; yet our opposites dare not deny their ministry and apostleship to be lawfull , being not of men , but by gods and christs own call , without the peoples . fourthly , then it will from hence also follow ; that all hereditarie kingdoms , which [c] politicians and divines generally hold the best of governments , being the title of christ himself to his kingdom ; all [d] patents , commissions in all empires , kingdoms , states of the world creating princes , dukes , earls , lords , and such like titles of honour , ( whereby they are inabled in all christian kingdoms to sit , vote in their parliaments and assemblies of state ) for making privy counsellers , judges , justices and other magistrates , are void , null , illegal ; and so all the laws , orders ordinances made , acts done , and judgments given by them , are void or erroneous , because they were not chosen , called to these publike places , counsels , judicatures by the people , but by emperors , kings , and supreme governours of 〈◊〉 and what a confusion such a paradox as this would ●●eed in all our realms , in all states , kingdoms of the world , let wise men consider , and those fools too who make this objection . . fifthly , if there be no lawfull authority in any state but from the peoples immediate election , then it will necessarily follow ; that sir thomas fairfax is no lawfull general , his officers , councell of warr no lawfull officers or councel ; yea colonell , and lieutenant colonell lilburn , no lawfull colonel or lieutenant-colonel , and ought not to use or retain these titles , as they doe , because none of them were called , chosen to those places by the people , or common souldiers , but made such by commission from the parliament , general , or lords alone . . sixthly , this paradox of theirs , touching the peoples choice , call , to inable peers to sit in parliament , or bear any office of magistracy or judicature , is warranted by no law of god , in old or new testament , both which * contradict it : by no laws or statutes of these kingdoms , nations , which absolutely disclaim it , and enact the contrarie : by no original law of nature , which as all [e] polititians and divines assert , and the scripture manifests , at first gave everie father a magistratical and judicial rule , power over his children , progeny , family ; and made him a king , prince , lord over them , without either their choice or call ; the father and first-born of the family , being both the king , prince ▪ lord over it , and priest to it from the creation till the law was given , as is generally acknowledged by all divines : as god himself is * king over all the earth , world , as creator and father thereof . ly , it is very observable , that god himself expresly denied to his own people israel the free election of their kings and supreme governors , reserving the choice of them only to himself , as his own prerogative : witness that notable text of deut. . , . when thou art come into the land which the lord thy god giveth thee , and shalt possess it and dwell therein , and shalt say , i will set a king over me like as all the nations that are about me : thou shalt in any wise set him king over thee whom the lord thy god shall chuse : not the people . upon which account , when the israelites grew wearie of the government of samuel and his sons ; all the elders of israel gathered themselves together , and came to samuel unto ramah , and said unto him : behold thou art old , and thy sons walk not in thy wayes : make , or give thou us a king to judge us , like all the nations : not taking upon themselves the power to nominate and elect their very first king ; but referring the choice to samuel himself : who thereupon prayed unto the lord for direction therein : after he prayed , god commanded him to hearken to the voice of the people , and to make them a king , sam. . . to the end ; yet such a one as god himself , not samuel or the people should appoint ; for soon after god told samuel , that to morrow about this time he would send him a man out of the tribe of benjamin ; and thou shalt anoint him to be captain over my people israel ; whereupon saul coming to him at that time , when samuel saw him ; the lord said unto him , behold the man whom i spake to thee of , this same shall reign over my people ; then samuel took a horn of oyl and powred it upon his head and kissed him , and said , is it not because the lord hath anointed thee king over his inheritance ? who being afterwards brought forth before all the people assembled at mizpeh , samuel said to all the people , see ye him whom the lord ( not i , or you ) hath chosen , that there is none like him among all the people : upon which all the people shouted and said , god save the king . sam. . , . c. . . . , . so that god himself , not samuel , nor the people , elected and made saul king over his own people ; which is further evident by the sam. . . . after which god rejecting saul from being king , he both elected , appointed , and anointed david to be king over israel , sam. . . , . psalm . , , . sam. . . chron. . . whereupon all the tribes , after sauls death , came to david to hebron , made a league with him ; and anointed him king before the lord , upon this account ; that the lord had said unto him ; thou shalt feed my people israel , and thou shalt be a captain over israel , sam. . , , . acknowledging therby the choice of their king , to be gods peculiar right , not theirs . after which god himself , to manifest the choice of their kings to be , not in the people , but in his own disposal ( being but his vicegerents , substitutes , and sitting upon his throne , to be kings for the lord their god , chron. . . isay . . acts . . ) setled the inheritance of the crown , and kingdom of israel in david , his sons and posterity for ever , appointing solomon his son immediately to succeed him , and making him king over his people , as is evident by the sam. . . to the end , kings . . c. . . c. . . chron. . . c. . , , , . chron. . , . c. . . psal . . , , . to , chr. . . c. , . c. . . kings . , . jer. . . . , . c. . , . c. . . ezech. . , . c. . , . hos . . . lu. . , . upon which account afterwards , when the ten tribes revolted from rehoboam and the house of * david against gods institution , and made jeroboam their king ; god thereupon chargeth it upon them as a high incroachment upon his prerogative , in these terms , hosea . . they have set up kings , but not by me , they have made princes , and i knew it not . and hereupon abijah ( heir by hereditarie succession to david ) thus charged jeroboam and all israel with rebellion against god and rehoboam therein , chron. , , , , . ought you 〈◊〉 to know ; that the lord god of isra●●ave the kingdom over israel to ●d for ever , even unto him and to his sons by a covenant of salt ? but jeroboam the son of nebat , the servant of solomon , the son of david , is risen up , and hath rebelled against his lord . and there are gathered unto him vain men the children of belial , and have strengthned themselves against rehoboam the son of solomon , when rehoboam was young and tender hearted : and now you think to withstand the kingdom of the lord in the hands of the son of david , and ye have a great multitude , &c. o children of israel fight ye not against the lord god of your fathers , for yov shall not prosper . and god smote jeroboam and all israel before abijah ( the right heir ) and judah , and god delivered them into their hand : and abijah and his people slew them with a great slaughter : so there fell down slain of israel five hundred thousand chosen men . the greatest slaughter we ever read of in one battel in sacred or prophane histories . if then god allowed not the free election and nomination of kings and supreme governours to his own people of israel , their tribes or elders , but reserved it only to himself , as his own peculiar prerogative ; which they might not intrude upon without high presumption , and exemplarie punishments , as the forecited scriptures , with iudges . . acts . , , , . undeniably evidence . by what law of god or nature any other vulgar rabble or people of god , can now challenge this as their proper birthright , and natural inherent due , to elect all their kings , all their supreme , or subordinate officers , and all peers of parliament , ( especially in an hereditarie kingdom , ) transcends my reason to comprehend ; unless they will blasphemously tax god himself for injuring his own peculiar people , in usurping upon and depriving them of this their natural right and freedom . ly , the scripture is most express and positive , that it is god who removeth kings and setteth up kings , dan. . . that the god of heaven setteth up kingdoms and kings : that the most high ruleth in the kingdoms of men , and giveth them to whomsoever he will , dan. . . c. . . , . that promotion cometh neither from the east , nor from the west , nor from the south ; but god ( not the people ) is the judge , he pulleth down one and setteth up another , psa . , , . he looseth the bond of kings , and girdeth their loins with a girdle : he powreth contempt upon princes , and weakneth the strength of the mighty , job . , . whereunto god adds , prov. . , . by me kings reign , and princes decree justice . by me princes rule , and nobles , and all the judges of the earth . hereupon samuel used this speech to king saul : s●m . . . . the lord hath rejected thee from being king over israel . the lord hath rent the kingdom of israel from thee this day , and hath given it to a neighbour of thine better than thou . yea , the apostle , rom. . , , , &c. commands every soul to be subject to the higher powers , not only for fear , but conscience sake , upon this ground , for there is no power but of god : the powers that are are ordained ( or ordered ) of god ; and they are the ministers of god to men for good . hence god and christ are stiled , the only potentate , the king of kings , and lord of lords , the prince of the kings of the earth , tim. . . rev. . . c. . . c. . . because they only by meer original right dispose of all kings , lords , potentates , kingdoms . upon which reason the apostle concludes , that all created things in heaven and in earth , whether they be powers or principalities , or dominions , or powers , are created by and for christ ; that in all things he might have the preheminence , might , and dominion , being exalted far above all principalities and powers , col. . , , . eph. . , . by what divine , natural , inherent ▪ just right or title then the commons or vulgar people of our own or other realms can challenge to themselves the sole power of electing , setting up and pulling down their kings , princes , lords , judges , kingdoms , principalities , powers , dominions , at their arbitrarie pleasures : of setting up , pulling down , or electing their supreme or subordinate governors , magistrates , and all peers of parliament at their wills ; of disposing kingdoms , powers , lordships to whomsoever they please ( as these bedlam objectors plead they may ) without contradicting all these sacred texts , and intruding upon these royal incommunicable preheminences , prerogatives of god and christ , let all popular pretenders to , or advocates for such a power in the people and commons of the realm , resolve me and all others when they are able , against all these texts , oppugning this their claim and interest . . ninthly , i answer , that a particular , explicit actual choice and election by the people , of any to be kings , magistrates , judges , ministers , peers or members of parliament , is neither necessarie nor convenient to make them just and lawfull , except onely when the laws of god , of nature , of nations , or the kingdom expresly require it ; but onely a general implicit or tacit consent ; especially when the antient laws of the land , continuing still in full force , and the custom of the kingdom time out of mind , requires no such ceremonie of the peoples particular election or call ; in which case the peoples dissent is of no validitie , til that law and custom be repealed by the general consent of the king , lords and commons in parliament . now the * antient laws , statutes , and customs of the kingdom , enable all lords who are peers and barons of the realm to sit in parliament when ever summoned to it by the kings writ , without any election of the people ; and if the laws and customs of the realm were , that the king himself might call two knights , citizens and burgesses to parliament , such as * himself should nominate in his writ out of every county , city and borough , without the freeholders , citizens , and burgesses election of them , by a common agreement and consent to such a law and usage made by their ancestors , and submitted and consented to for some ages without repeal , this law and custom were sufficient to make such knights , citizens and burgesses lawfull members of patliament , * obliging their posterity whiles unrepealed ; as well as their warranties , obligations , statutes , feofments , morgages , † oaths , and alienations of their lands , as the objectors must acknowledge ; therefore they must of necessity grant , their present sitting , voting and judging too in parliament , to be lawfull , because thus warranted by the laws and customs of the realm . . if all power in government , all right of sitting , judging , and making laws or ordinances in parliament , be founded upon the immediate free election of all those that are to be governed ; and if it be of necessity , that all who are to be subject and obey ought to be represented by those who have power in government ; the sum of (l) lilburns , overtons , and the levellers reasons against the lords jurisdiction ; then it will of necessity follow , ( if this be good divinitie and law ) that the laws of god , moses , and christ himself , should not bind the jews or christians , because made without their common consents , or any to represent them : then the laws , decrees of the medes and persians , made by their kings alone , or by them and their princes , without any representative of their people , ( as is evident by esth . . . to the end : ch . . . to . ch . . , , &c. c. . . ch . . . ezr. . , &c. ch . . . to . ch . . . . c. . . to . c. . . to . jonah . , , . dan. , , , . ) were meer nullities , and not binding to the commonalty . then the laws of david , his captains and princes , concerning the levites , priests , temple , &c. sam. . . . chron. c. . to ch . . with all our own antient brit●sh and * saxon laws , ( made by our kings and nobles alone , without any knights , citizens or burgesses elected by , or representing the people ; as were all our laws and acts before henry the d his reign , both before and after the conquest ( as we usually call it ) though many of them yet in force and vigor , ) with all antient lawes made by kings alone being the only law-makers in all nations at first , as * justine and others attest , and ezr. . . esth . . . isay . . intimate : whence they are stiled the kings laws , &c. should be meer nullities by this doctrine , because not made by the peoples previous consents and representatives : yea then the orders , votes , ordinances , and laws made , or consented to by the knights , citizens and burgesses in parliam ▪ ought not to bind any ministers , women , children , infants , servants , strangers , freeholders , citizens , burgesses , artificers , or others , ( who cannot well , properly be represented but by persons of their own sex , degrees , trade , calling ; & so each sex , trade , in each county , corporation of engl. should send members of their own to parliament to represent them ) but only such freeholders and burgesses who had voices in , and gave free consent to their elections , not any who have no voices by law , or dissented from those elected and returned ; yea then it will necessarily follow ; that those counties , cities and boroughs whose members have been injuriously impeached , suspended , driven away , or thrust out of the house of commons by the objectors and the armies practise , violence ( contrary to all former presidents ) are absolutely free , exempted from , and not bound by any votes or ordinances made , or taxes imposed by the commons house , because they have no members to represent them residing in parliament ; and that those counties and boroughs whose knights and burgesses are dead or absent , are no wayes obliged by any votes , ordinances , or grants in parliament : and then how few in the kingdom will or ought to yield obedience to any the acts , ordinances , or votes of this present parliament , or to any mayors , sheriffs , aldermen , or heads of houses made by their votes and authority , ( usually made by election heretofore ) or to any judges , justices , governours , generals , captains , or other militarie officers made by their commissions or appointment , without the generality of the peoples votes or consent ; especially when above half , or three full parts of the members were * absent or driven from both houses , by the objectors violence and menaces . these answers premised , which have cut off the head of the objectors goliah and chief argument against the lords sitting in parliament ; i shall now proceed to the proof of the lords undeniable right and authority to sit , vote , and give judgement in our parliaments , though not actually elected nor sent to them by the people , as knights and burgesses are . . it is evident , by the histories , records of most antient and modern kingdoms and republikes in the world , that their princes , nobles , peers and great officers of state , have by their original fundamental laws and institutions , by right of their very (g) nobility , peerage , and great offices , without any particular election of the people , a just right and title to sit , consult , vote , enact laws , and give judgement in all their general assemblies of state , parliaments , diets , councels ; as might be manifested by particular instances in the kingdoms , republikes , parliaments , diets , and general assemblies of the jews , aegyptians , grecians , romans , persians , ethiopians , germans , french , goths , vandals , hungarians , bohemians , polonians , russians , swedes , scythians , tartars , moors , indians , spaniards , portugals , danes , saxons , scots , irish , and many others : hence dionysius halicarnasseus , antiquitatum romanorum l. . sect. . affirms , that both hereditary and elective kings even in the antientest times , consilium habebant quod ex optimatibvs constabat , had a council which consisted of nobles and great men , as homer and the most antient poets attest , neque ( ut nostro seculo ) regum priscorum dominatus erat nimium sui juris , neque ab unius sententia pendebat . now to deny the like privilege to our english peers and nobles , which all nobles , peers in all other kingdoms , nations , republikes antiently have enjoyed , and yet doe constantly enjoy , without exceptions or dispute , is a gross injury , injustice , over-sight ; yea a great dishonour both to our nobility and nation . secondly , by , and in the very primitive constitution of our english parliaments , for many hundred years together there were no knights nor burgesses at all , but only the king and his nobles : after which , when elected knights gestes were first sent to parliament about h. . it was granted by the kings grace , and unanimously agreed by the kingdoms , peoples general consents , that our parliaments should alwayes be constituted and made up , not of knights and burgesses only , ( elected only by * freeholders & burgesses , not by the generality of the vulgar people , who would now claim , usurp this right of election ) but likewise of the king , the supreme member , by whose (h) writs the parliaments were and ought to be alwayes summoned , and of the lords , peers , barons , ( ecclesiastical , civil ) and great officers of the realm , who ought of right to sit , vote , make laws , and give judgement in parliament by vertue of their peerage , baronies , offices , without any election of the people : the commons themselves being no parliament , judicatorie , or law-givers alone , without the king and lords , as modus tenendi parliamentorum ; sir ed. cook in his . institutes , ch . . mr. seldens titles of honour , part . ch . . vowell , cambden , sir thomas smith , cowell , minshaw , crompton , with others who have written of our english parliaments assert , and all our parliament rolls , statutes , (i) law-books resolve , without whose threefold concurrent assents , there is or can be no legal act nor ordinance of parliament made , since the commons admission to vote in parliament and assent to bills , which was but of later times , out of the kings fr●e grace . thirdly , this right of theirs is confirmed by prescription and custom , from the very first beginning of parliaments in this kingdom till this present , there being no president to be found in history or record of any one parliament held in this island since it was a kingdom , without the king personally or representatively present ( by a protector , custos regni , commissioners ) as he ought to be , or without lords and peers ▪ antiently stiled aldermen , heretockes , senators , wisemen , princes , dukes , earls , counts , nobles , great men , &c. by our historians ; who make mention of their constant resorting to , sitting , voting , judging in our general assemblies , and parliamentary councils , under these titles , without the peoples election , ( for many hundreds of years before the conquerors time ) in the antientest parliamentary councils we read of under the britons and saxons ; witness beda , ingulphus , geoffry monmouth , huntingdon , matthew westminster , florentius wigorniensis , malmsbury , hector boetius , speed , and others in their histories ; antiquitates ecclesiae britannicae , spelmanni concilia , tom . mr. lambard his archaion , sir edward cook in his preface to the . report , and fourth institut . c. . m. seldens titles of honor , part . c. . which i have largely manifested in my truth triumphing over falshood , antiquity over novelty , p. . to . my historical collection of the antient great councils , parliaments , &c : there being little ( if any ) express or direct mention at all of any knights of shires , citizens or burgesses in any of our parliamentarie councils , before the conquest , or in the conquerors time , nor yet in the reigns of king william rufus , henry the . stephen , henry . richard . king john , or first part of the reign of henry the d , the * first direct writ of summons for any knights , burgesses or commons to our parliaments , now extant , being that of clause h. . m. , . dorso : before which no evident testimony can be produced for their sitting or voting in any great councils or parliaments as members , but onely out of the spurious pretended antient ( though in truth late ridiculous ) treatise , stiled modus tenendi parliamentum , on which * sir edward cook and others most rely : and whereas some conclude , that even in the antient saxon great councils , the commons were usually present as members , being comprehended under the titles of sapientes , seniores populi , aeldermanni , &c. ( which in the dialect of those times signifie rather lords and great men , than commons or burgesses , as all accord ) or at least wise under these phrases , (i) praesentibus omnibus ordinibus illius gentis , cum viris quibusdam militaribus ( rather soldiers than knights ; ) of which we find mention in the council of (l) bechenceld , ann. . or , omnium sapientum , seniorum , & populorum totius regni : coupled with these pre-eminent titles of , omnium aldermannorum , principum , procerum , comitum , who met together in a general council under ine , anno . or (m) cujuscunque ordinis viros , in the council of clovesho , an. . which expressions are now and then mentioned in some antient councils and parliaments , though rarely : yet these are rather conjectural or probable , than direct or punctual proofs of what they assert , whenas the lords title to sit and vote in them is most direct and infallible . and if that of (n) ingulphus , with other our historians , and some lawyers be true , ( which (o) sir edward cook , and (p) mr. selden deny ) that king alfred first divided the realm into counties , as all grant he did into hundreds and tithings , and erected hundred courts , wherein knights of the shire were alwaies , yet are , and ought to be elected , there could be no knights of shires at least ( if any citizens or burgesses ) to serve in parliament before this division ; though there were earls , dukes , barons before his reign ( who were present by the kings summons , not peoples elections , at our great councils or parliaments , ) as (q) mr. selden , and (r) sir henry spelman undeniably manifest , and i have * elsewhere proved at large . their sitting , voting judging therefore in great councils , parliaments , being so antient , clear and unquestionable ever since their first beginning til now ; and the sitting of knights , citizens , burgesses by the peoples election , in our antientest great councils , parliaments , not so clearly evident by history or records as theirs : we must needs acknowledge , subscribe to this their right and title ; or else deny the knights , citizens , burgesses rights to sit , vote in our great councils , parliaments , rather than theirs , who have not so antient nor clear a title or right as they , by many hundreds of years . fourthly , this right and privilege of theirs is vested legally in them by the very common law and custom of the realm , which binds all men ; by the unanimous consent of all our ancestors , and all the commons of england from age to age assembled in parliament , since they sat in any parliaments ; who alwaies consented to , desired , and never opposed the lords sitting , voting , power or judicature in parliament ; and by * magna charta it self , signed and ratified by king john , wherein it is expresly granted , ad habendum commune concilivm regni de auxiliis assidendis , & de scutagiis assidendis , submoneri faciemus archiepiscopos , episcopos , abbates , comites & majores barones regni singulatim per literas nostras , &c. and in the * great charter of king henry the . they are first mentioned and provided for . hereupon king henry the third ( not long after magna charta was granted , and at the same time it was proclamed , confirmed with a most solemn excommunication in the presence of all the lords , and commons , by all the bishops of england , against the infringers thereof ) summoning a parliament at london in the year . to aid him in his warrs in apulia ; the earls and barons absolutely refused to give him any assistance or answer at all , for this reason ; quod omnes ( barones ) tunc temporis non fuerunt juxta tenorem magnae chartae suae vocati ; & ideo sine paribus suis tunc absentibus , nullum voluerunt tunc responsum dare , vel auxilium concedere vel praestare . (ſ) that all the barons were not summoned by him to this parliament , as they ought to be according to the tenor of magna charta ; whereupon they departing in discontent , and refusing to sit longer , (t) the parliament was first adjourned , and at last dissolved , and upon this very ground , among others , the parliament of r. . with all the acts and proceeding therein were totally repealed and nulled by the parliament of h. . because the lords who adhered to the king were summoned by him to the parliament , and some of the opposite party imprisoned , impeached , unsummoned ; and many of the knights of the shire were elected only by the kings nomination , and letters to the sherifs : and the parliament it self kept by force , viris armatis , et sagittariis immensis , brought out of cheshire , as an extraordinary guard , quartered in the kings court at westminster , and about charing crosse , and the muse ; of which (u) grafton , and other historians write thus . that they fell into so great pride of the kings favour , that they accounted the king to be as their fellow , and they set the lords at nought yet few or none of them were gentlemen , but taken from the plough , and cart , and other crafts ▪ and after these rustical people had a while courted , they entred into so great a boldness , that they would not let , neither within nor without the court , to beat and slay the kings good subjects ; to take from them their victuals , and pay for them little or nothing , at their pleasure ; ( as our free-quar●erers do now ) falling at last to ravish mens wives and daughters : and if any man fortuned to complain of them to the king , he was soon rid out of the way no man knew how , or or by whom , so as they did what they listed ; the king not caring to doe justice upon them , but favouring them in their mis-doings , confiding in them and their guards against any others of the kingdom , which gave the lieges of his kingdom great matter of commotion and discontent . the bringing up of which guard to westminster , to force , and overawe the parliament to effect his designs , is one principle article exhibited against him by the parliament , of h. . wherein he was forced to resign his crown , and then deposed . i pray god our new armed guard and courtiers at whitehall and the muse ( of as mean condition as those ) fall not by degrees to the self-same exorbitances , contempt of the king , lords , parliament , and oppression of the people , to their general mutining and discontent . in the parliaments of e. . n. . & parl. , n. . , , e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . h. . n. . we find in these parliament rolls , that these parliaments have been usualy prorogued , adjourned from the days they were summoned to meet , and have not saie , nor acted at all , because sundry of the lords ( & some commons ) were not come , but absent by reason of foul weather , shortness of warning , or other publique imployments : all their personal presence in parliament being reputed necessary and expedient . and r. . n. . the commons themselves in parliament required the king , to send for such bishops and lords who were absent , to come to tho parliament , before they would consult upon what the chancellor propounded to them in the kings name and behalf to consider of . to recite no more antient presidents : in the parliament of caroll , the earl of arundel not sitting in the parliament , being after his summons committed by the king to the tower of london , about his sons mariage , may . . without the lords privity and consent ▪ whereby their privileges were infringed , and the house deprived of one of their members presence ; thereupon the house of peers made this memorable petition and remonstrance of their privileges to the king. the humble remonstrance and petition of the peers , may it please your majestie , we the peers of this realm , now assembled in parliament , finding the earl of arundel absent from his place amongst us , his presence was therefore called for : but thereupon a message was delivered us from your majestie , by the lord keeper , that the earl of arundel was restrained for a misdemeanor which was personal to your majesty , and lay in the proper knowledge of your majesty , and had no relation to matter of parliament . this message occasioned us to inquire into the acts of our ancestors , and what in like cases they had done , that so we might not erre in a dutifull respect to your majesty , and yet preserve our right and privileges of parliament . and after diligent search made , both of all stories , statutes , and records that might inform us in this case , we find i● to be an undoubted right , and constant privilege of parliament ; that no lord of parliament , sitting in parliament , or within the usual time of privilege of parliament , is to be imprisoned or restrained ( without sentence or order of the house ) unlesse it be ●or treason or felony , or for refusing to give surety for the peace : and to satisfie our selves the better , we have heard all that could be aleged by your majesties learned counsel at law , that might any way infringe or weaken this claim of the peers ; and to all that can be shewed or alleged so full satisfaction hath been given , as that all the peers in parliament , upon the question made of this privilege , have una voce consented , that this is the undoubted right of the peers , and hath been inviolably enjoyed by them . wherefore we your majesties loyal subjects , and humble servants , the whole body of the peers in parliament assembled , most humbly beseech your majesty , that the earl of arundel , a member of this body , may presently be admitted , by your gracious favour , to come sit and serve your majesty and the commonwealth in the great affairs of this parliament , and we shall pray , &c. upon which remonstrance and petition , the king refusing to inlarge him , thereupon the lords to maintain their privilege , adjourned themselves on the and of may , without doing any thing ; and upon the kings refusal to release him , they adjourned from may , till june . refusing to sit , and so the parliament dissolved in discontent : his imprisonment in this case being a breach of privilege , contrary to magna charta . in this very parliament the lord digby earl of bristol being omitted out of the summons ▪ of parliament , upon complaint to the lords house was by order admitted to set therein , as his birthright , from which he might not be debarred for want of summons , which ought to have been sent unto him , ex debito iustitiae , as sir edward cook in his institutes , p. . the act for ttriennial parliaments , and king john great charter resolve . and not long after the beginning of this parliament , upon the kings accusation and impeachment of the lord kimbolton and the five members of the commons house , * both houses adjourned , and sate not as houses , till they had received satisfaction and restitution of those members , as the journals of both houses manifest , it being an high breach of their privileges , contrary to the great charter . if then the kings bare not summoning of some pears to parliament , who ought to sit there by their right of perage ; or impeaching , or imprisoning any peer unjustly , to disable them to sit personally in parl. be a breach of privilege of the fundamental laws of the realm , and magna charta it self , ( confirmed in above successive parliaments ) then the lords right to sit , vote , and judge in parliament is as firm and indisputable as magna charta can make it , and consented to , confirmed by all the commons , people , and parliaments of england , that ever consented to magna charta , though they be not eligible , every parliament by the freeholders , people , as knights and burgesses ought to be : and to deny this birthright and privilege of theits , is to deny magna charta it self , and this present parliaments declarations , proceedings in the case of the lord kimbolton , a member of the house of peers . fifthly , the treatise ( intituled * the manner of holding parliaments in england in edward the confessors time ( befose the conquest ) rehearsed ( afterwards ) before william the conquerour , by the discreet men of the kingdom , and by himself approved and used in his time , and in the times of his successors kings of england ; ( if the title be true , and the treatise so antient as sir edward cook , & others now take it to be ) when as its mention of the ( ) bishop of carlisles usual place in parliaments ; ( which bishoprick was not founded till the year of our lord . or . as ( ) matthew paris , matthew westminster , roger hoveden , ( ) godwin and others attest in the later end of henry the first his reign : ) its men●ion of the mayors of london & other cities , and writs usually directed to them to elect two citizens to serve in parliament ; whereas london it self had ( ) no mayor before the year . ( being the . year of king john ) nor other cities mayors til divers years after ; nor can any writs for electing knights of shires , citizens or burgesses to serve in parliament , which it oft times writes of , be produced before h. . nor any writs to levy their expences or wages for their service in parliaments , which it recites , be produced before the reign of king edward the . nor was the name of parliament , which it mentions and writes of , so much as used by any author before the later end of king henry the . his reign , after whose reign this modus was certainly compiled , towards the end of k. richard the . or after , as other passages in it evidence beyond all contradiction ) this magnified treatise , be it genuine or spurious , determines thus of the kings and lords rights to be personally present in all parliaments . the king is bound by all means possible to be present at the parliament , unless he be detained or let there from by bodily sickness ; and then he may keep his chamber , yet so that he lye not without the manour or town where the parliament is held : and then he ought to send for twelve persons , of the greatest and best of them that are summoned to the parliament ; that is , two bishops , two earls , two barons , two knights of the shire , two burgesses , and two citizens to look upon his person to testifie and witness his estate ; and in their presence he ought to make a commission and give authority to the archbishop of the place , the steward of england , and chief justice , that they joyntly and severally should begin the parliament , and continue the same in his name , express mention being made in that commission of the cause of his absence thence ; which ought to suffice and admonish the other nobles , and chief men in the parliament , together with the evident testimonie of the twelve peers , &c. the reason is , because there was wont to be a cry or murmur in the parliament for the kings absence , because his absence is hurtfull and dangerous to the whole commonalty of the parliament and kingdom . neither indeed ought or may he be absent , but only in the case aforesaid . after which it follows , the archbishops , bishops , and other chief of the clergy ought to be summoned to come to the parliament ; and also every earl and baron , and their peers ought to be summoned and come to the parliament , &c. touching the beginning of the parliament , the lord the king , shall sit in the midst of the great bench , and is bound to be present in the first and last day of parliament . and the chancellort , treasurer , and barons of the exchequer , and justices were wont to record the defaults made in parliament according to the order following . in the third day of the parliament , the barons of the cinqueports shall be called , and afterwards the barons of england ; after them the earls , whereupon if the barons of the cinqueports be not come , the baronie from whence they are shall be amerced at an hundred marks ; and an earl at one hundred pounds : after the same manner it must be done to those who are peers to earls and barons . after which it relates the manner of placing the earls , baron ; and peers in parliament ; then adds , the parliament may be held , and ought every day to begin at one of the clock in the afternoon : at which time the king is to be present at the parliament , and all the péers of the kingdome . none of all the peers of the parliament may or ought to depart alone from the parliament , unless he have obtained ( and that in full parliament ) leave from the king and all his péers so to doe ; and that withall there be a remembrance kept in the parliament roll of such leave and libertie granted . and if any of the peers during the term of the parliament shall be sick or weak , so as he is not able to come to the parliament , then he ought three dayes together send such as may excuse him to the parliament , or else two peers must go and view him ▪ and if they find him sick , then he may make a proxie . of the parliament , the king is the head , the beginning and ending . so this treatise . the statute of r. . parl. . ch . . enacts by command of the king , and assent of the prelates , lords and eommons in parliament ; that all and singular persons and commonalties , which from henceforth shall have the summons of the parliament , shall come from henceforth to the parliament in the manner , as they be bound to doe , and hath been accustomed within the realm of england of old time . and every person of the said realm which from henceforth shall have the said summons ( be he archbishop , bishop , abbot , prior , duke , lord , baron , baronet , knight of the shire , citizen of city , burgess of burgh , or other singular person or commonalty ) do absent himself , or come not at the said summons , ( except he may reasonably or honestly excuse himself to our soveraign lord the king ) he shall be amerced and otherwayes punished according as of old time hath béen used to be done , within the said realm in the said case . which relates unto and agrees expresly with that forecited out of modus tenendi parliamentum , ( which took it out of this act. ) if then all the lords , peers in parliament are bound to attend in parliament , being oft times there all called for by name , and ought not to depart from it without the kings and houses leave , under pain of amercement and other punishment as this statute resolves , and ed. . . fitzh . coron . . stamford , l. . c. . f. . cook instit . p. , , . . e. . nu. , . r. . n. . h. . n. . and h. . n. . ( where fines were imposed on absent lords ) most fully mamanifest ; then questionless they ought of right to sit in parliament , else it were the height of injustice thus to fine them . in the tenth year of king * r. . this king absented himself from his parliament then sitting at westminster , residing at eltham about forty daies , and refusing to come to the parliament , and yet demanding from them four fifteens for maintenance of his estate and outward warres : whereupon the whole body of the parliament made this answer ; that unless the king were present they would make therein no allowance . soon after they sent the duke of glocester and bishop of ely , commissioners to the king to eltham , who declared to him among other things in the lords and commons behalf ; how that by * an old ordinance they have an act , if the king absent himself dayes not being sick , but of his own mind , ( not heeding the charge of his people , nor their great pains ) and will not resort to the parliament , they may then lawfully return to their houses . and now sir ( said they ) you have been absent a longer time , and yet refuse to come amongst us , which is greatly to our discontent . to which the king answered ; well , we do consider , that our own people and commons go about to rise against us , wherefore we think we can do no better , than to ask aid of our cosen the french king , and rather to submit us to him , than unto our own subjects . the lords answered , sir , that counsell is not best , but a way rather to bring you into danger , &c. by whose good perswasions the king was appeased , and promised to come to the parliament , and condiscend to their petitions : and according to his appointment he came , and so the parliament proceeded , which else had dissolved by the lords departure thence in discontent , a●d the kings wilfull absence . ranulf de glanvil the first writer of our common laws , in his prologue to his book de legibus & consuetuainibus regni angliae , ( used in the reign of king h. the . under whom he flourished , and his predecessors ) writes thus of the parliamentary councils in that age , and their members power to enact laws . leges anglicanas , licet non scriptas leges appellari non videtur absurdum , cum hoc ipsum lex sit , quod principi placet , et legis habet vigorem : eas scilicet quas super dubiis in consilio desiniendis , procerum quidem concilio et principis accidente authoritate constat esse promulgatas . and lib. . cap. . f. . cum quis itaque infra assisam dom. reg. id est , infra tempus , a dom. rege de consilio procerum , adhoc constitutum , quod quandoque majus quandoque minus censetur . so as the parliaments under this king and his ancestors , consisted only of the king and nobles , who then made and enacted laws by the kings royal assent , without any knights , citizens , or burgesses elected by the people , of which i find no mention in the parliamentary councils under this king , (b) who as some erroniously assert , first summoned knights , citizens and burgesses to our parliaments . in the parliamentary councel at clarindon , under king h. the . an. . jo. de oxonia , by the kings command ( there present ) sate president , presentibus etiam archiep●scopis , episcopis , abbatibus , prioribus , comitibus , baronibus , et proceribus regni , wherein they made a recognition of the customs and liberties of his grandfather king henry the . and other his ancestors , which ought to be observed by all persons within the realm , by reason of the discords often happening between the clergy and temporal justices , and great men of the realm . these they reduced to articles , very much ecclipsing the popes and bishops ecclesiastical jurisdiction . this (c) recognition the archbishops , b●shops , abbots , priors , clergy , cum comitibus proceribus et baronibus cunctis una voce , firmly promised in the word of truth , bona fide , to observe and keep to the king and his heirs for ever , without male engin . the of these articles runs thus . archiepiscopi et episcopi sicut caeteri barones debent interesse iudiciis curiae ( to wit of parliament ) cum baronibus , quousque perveniatur in judicio ad d●minutionē membrorum , vel ad mortem . which proves the judicial power of parliaments to be then only in the lords and barons . in the year . ( the of henry ● . ) on the feast of st. bernard , rex magnum celebravit concilium londoniis cum principibus et magnatibus curiae suae , de coronatione henrici filii sui : so (d) hoveden , anno . rex angliae henricus convocatis regui primoribus apud northamptoniam renove●unt assis●m clarindoniae , eamque praecepit observari . (e) in the year . king henry the second and his son held a great council at york , where the agreement between him and the king of scots ( there present , with most of his bishops , abbots and nobles ) was read and confirmed before the king and his son , the arehbishop of york , the bishop of durham , & comitibus & baronibus angliae . the (f) s●me year rex magnum congregavit coneslium ●pud windeshores in octavis sancti michaelis praesentibus & rege filio richardo cant. archiepiscopo & episcopis angliae , & laurent●o dubli●ensi archiepiscopo . praesentibus e●i●m comitibus et baronibus angliae , in which some controversies in ireland were ce●cided . in the year (g) . king henry coming to no●ingham on the feast of sr. pauls conversion , ibi celebravit magnum concilium de statute regni sui , et coram rege filio su● . archiepiscopis , episcopis , comitibus et baronibus regn● sui , communi omnium concilio divisit regnum suum in sex partes , per quarum singu●a● tres ▪ justiciarios itinerantes constituit ; whose names , commissions , and articles are there at large recorded . and the same year this king held another (h) great council at london , in which the king consilio universorum episcoporum , comitum et baronum regni concessit regi siciliae filiam suam . (i) in the year . king henry the . summoned a great counc●l to determin the great controversy between sanctius king of navarr , and alphonsus king of castile ; whose advocates propounding and debating their cases in the presence of the king and of his bishops , earls and barons ; the king habito cum episcopis , comitibus et baronibus nostris cum deiiberatione consilio , drew up by their advice an award between them under his great seal , recorded at large in hoveden , who writes comites et barones regalis curiae angliae adjudicaverunt plenariam , utrique parti supradictae , quae in jure petita fuer●nt , fieri restitutionem . the like they did in the [k] council of northampton in other cases held the same year . anno . king henry the . on the d of february held a parliamentary council at [l] gaintington , about or . miles from northampton , where convenerunt unà cum rege praesules et principes regni , de defensione sacrosanctae terrae jerosolymae tractaturi , where after long debate they made . statutes concerning that voyage . the very same year the kings of england and france on the . of february came to a conference about their voyage to jerusalem ; cum archiepiscopis , comitibus et baronibus regnorum suorum , as they had formerly done in the same manner and place , an. . and as they did afterwards an. . cum archiepiscopis , episcopis et baronibus suis . [m] so as during king henry the seconds whole reign , we read of no knights , citizens and burgesses electcted by the people present in our parliamentary councils , but only the king , prelates , earls , barons and nobles alwaies mentioned by name , and judges in them . only i find this one expression in [n] hoveden , an. . rex statim ( apud gaintington ) congregavit magnum concilium episcoporum , abbatum , comitum et baronum , et aliorum multorum tam clericorum quam laicorum , ( but that these were knights , citizens and burgesses elected by the people , and not persons particularly summoned and nominated by the king himself to be assessors & collectors of the tenths , there to receive their instructions for it , which is most probable , cannot be thence inferred ) ubi in publica audientia recitari fecit omnia supradicta capitula quae constituerat de cruce capienda : et tunc dominus rex misit servientes suos , clericos & laicos , per singulos comitatus angliae ad decim as colligendas ( most likely the aliorum muliorum tam clericorum quam laicorum , present at this great council ) secundum praedictam ordinationem in terris suis transmarinis constitutam , to wit , at cenomanum , ubi consilio suorum , ( to wit , of the archbishops , bishops , earls and barons there with him ) ordinavit , quod unusquisque decimam redditorum et mobilium suorum in eleemo sinam dabit ad subventionem terrae jerosolymitanae hoc anno ( exceptis armis & equis , & vestibus militum , &c. ) sed de singulis urbibus totius angliae , fecit elegi omnes ditiores , videlicet , de londonio , & de eboraco , & de aliis urbibus secundum quantitatem & numerum eorum : & fecit omnes sibi praesentari diebus & locis statutis , de quibus caepit decimam mobilium suorum secundum aestimationem virorum fidelium , qui noverant redditus et mobilia eorum : si quos autem invenisset rebelles , statim fecit eos in carcerari et in vinculis teneri , donec ultimum quadrantem persolverent : similiter fecit de judaeis terrae suae , unde inaestimabilem sibi acquisivit pecuniam . andrew horn in his * mirrour of justices , in the reign of king edward the first , writes , that our saxon kings divided the realm of england , after it was turned into an heritage , into counties ; over which they set so many counts or earls : and although the king ought to have no peers in his land , yet for that if the king should do wrong to , or offend any of his people , neither he nor any of his commissaries ought to be both judge and party , it behoveth of right , that the king should have companions , for to hear and determine in parliaments , all writs and plaints of the wrongs of the king , of the queen , and of their children , and of those especially , who otherwise could not have common right concerning their wrongs . these companions are now called counts , after the latine word comites . * for the good estate of the realm king alfred assembled the counts or earls , and ordained by a perpetual law , that twice a year or oftner , they should assemble at london in parliament , to consult of the government of the people of god , &c. by which estate or parliament many laws and ordinances were made ; which be there recites . bracton l. . c. . l. . c. . l. . c. . in henry the d. his reign , and fleta , l. . c. . p. . write thus in edw. the first his reign in the same words . habet enim rex cu●iā suam in concilio suo in parliamentis suis , praesentibus praelatis , * comitibus , baronibus , proceribus , & aliis viris peritis : ubi terminatae sunt dubitationes judiciorum , & novis injuriis emersis , nova constituuntur remedia . and l. . c. . he writes thus , rex in populo regendo superiores habet , videlicet , legem per quam est rex ; & curiam suam , ( to wit , of parliament ) videlicet , comites & barones . comites enim à comitia dicuntur , qui cum viderint regem sine froeno , froenum sibi apponere tenentvr ne clament subditi : domine jesu christe in chamo & froeno maxillas eorum constringe . sir tho. smith in his commonwealth of england , l. . c. . john vowel , and ralph holinshed , vol. . c. . p. . mr. cambden in his britannia , p. . john minshaw in his dictionary , cowel in his interpreter title parliament ; powel in his attorneys accademy , and * others , unanimously conclude . that the parliament consisteth of the king , the lords spiritual and temporal , and the commons ; which states represent the body of all england ; which make but one assembly or court , called the parliament , and is of all other the highest and greatest authority , and hath the most high and absolute power of the realm : and that no parliament is or can be holden without the king and lords . mr. crompton in his jurisdiction of courts , affirms , particularly of the high court of parliament f. . &c. this court is the highest court of england , in which the king himself sits in person , and comes there at the beginning and end of the parliament ▪ and at any other time when he pleaseth , ordering the parliament . to this court come all the lords of parliament , as well spiritual as temporal , and are severally summoned by the kings writ at a certain day and place assigned ; the chancellor of england and other great officers or judges are there likewise present ; together with the knights , citizens and burgesses ; who all ought to be personally present , or else to be amerced , and otherwise punished , if they come not being summoned , unles good cause be shewed , or in case they depart without the houses or kings special license , after their appearance before the sessions ended : and he resolves , that the king , lords and commons , doe all joyntly make up the parliament ; and that no law nor act of parliament can be made to bind the subject , without all their concurrent assents . sir edward cook not only in his epistle before his ninth report and institutes on littleton , p. , . but likewise in his . institutes , ( published by order of the commons themselves this present parliament , c. . p. , . &c. ) writes thus of the high and honourable court of parliament . this court consisteth of the kings majestie , sitting there , as in his royal politick capacity ; and of the three estates of the realm , viz. of the lords spiritual , archbishops and bishops , being in number . who sit there in respect of their counties or baronies , parcel of their bishopricks , which they hold also in their politick capacity ; and every one of these when the parliament is to be holden , ought ex debito justitiae , to have a writ of summons . the lords temporal , dukes , marquesses , earls , viscounts and barons , who sit there by reason of their dignities which they hold by descent or creation : and likewise every one of these being of full age , ought to have a writ of summons * ex debito justitiae . the third estate are the commons of the realm , whereof there be knights of shires or counties , citizens of cities , and burgesses of boroughs . all which are respectively elected by the shires or counties , cities and boroughs by force of the kings writ , ex debito justitiae ; and none of them ought to be omitted : and these represent all the commons of the whole realm , and trusted for them , and are in number at this time . he adds , and it is observed , that when there is best appearance , there is the best successe in parliament . at the parliament holden in the . year of h. . holden before the duke of bedford guardian of england , of the lords spiritual and temporal there appeared but . in all : at which parliament there was but one act of parliament passed , and that of no great weight . in an. e. . all the lords appeared in person , and not one by proxy : at which parliament , as appeareth by the parliament roll , so many excellent things were sped and done , that it was called bonum parliamentum . and the king and these three estates are the great corporation or body of the kingdom and doe sit in two houses ; and of this court of parliament , the king is caput , principium , & finis . the parl. cannot begin but by the royal presence of the king either in person or representation , by a gardian of england or commissioners , both of them appointed under the great seal of england , &c. and e. . rot. parl. num . . it is declared by the lords and commons in full parliament , upon demand made of them , on the behalf of the king ; that they * could not assent to any thing in parliament , that tended to the disinherison of the king and his crown whereunto they were sworn . and p. . he hath this special observation ; that it is observed by antient parliament men out of records , that parliaments have not succeeded well in five cases . first , when the king hath been in difference with his lords & with his commons . secondly , when any of the great lords were at variance between themselves . thirdly , when there was no good correspondence between the lords and commons . fourthly , when there was no unity between the commons themselves ( in all which our present parliament is now most unhappy ; and so like to miscarry and succeed very ill ) fifthly , when there was no preparation for the parliament before it began : every of which he manifests by particular instances . from all these and sundry (z) other authorities , it is most evident and transparent ; that both the king himself and lords , ought of right , duty to be personally present in parl. and ever have been so , as well as the commons , and neither of them to be excluded , since they all make up but one parliament , that no lords , commons ought to depart from it without special leave , under pain of amercement , and other penalties , that no binding law can be passed without their joynt consents . and that the commons alone are no more a parliament of themselves without the king and lords , than the common councel of london are an intire city or corporation without the l. mayor , and aldermen , or the covent without the abbot , the chapter without the dean , or the legs or belly a perfect man without the head , neck , and heart . sixthly , * the antient and constant form of endorsing bills in parliament , began in the commons house , in all parliaments since the house of commons , unanswerably demonstrates the commons of englands acknowledgement of the lords right , to sit , vote ▪ assent , or dis-assent to bills in parliament , viz. soit bayle a seigneurs : let it be delivered , or sent up to the lords . yea , the commons constant sending up of their own members , with messages to the lords ; their receiving messages from them , and entertaining frequent conferences with them in matters wherein their opinions differ ; in which conferences the lords usually adhere to their dissents , unlesse the commons give them satisfaction and convince them , and the lords oft times convince the commons , so far as to consent to their alterations of bills , ordinances , votes , and to lay them quite aside , is an unquestionable argument of their right to sit and vote in parliament ; and of their negative voice too : all which would prove but a meer absurdity , superfluity , if the commons in all ages , and now too , were not convinced , that the lords had as good right to sit and vote in parliament , and a negative dissenting voice , as well as they ; never once questioned nor doubted till within this year or two , by some seditious disciples of lilburns and overtons tutoring , who endeavoured to evade their justice on them . seventhly , this just right of the lords is expresly and notably confirmed by all the commons of england , in the parliament of h. . c. . concerning the placing and sitting of the lords and great officers of state in the parliament house , made by the commons consent : it being in vain to make such a law ( continuing still till this very day both in force and use ) if they had no lawfull right to sit and vote in parliament , because they are not elective , as knights and burgesses are . and likewise by the statute of h. . c. . made at the commons own petition , to repeal the parliament held at coventry the year before ; and all procedings of it , by practice of some seditious persons ; of purpose to destroy some of the great nobles , faithfull and lawfull lords and estates , meerly out of malice , and greedy and unsatiable covetousness to possesse themselves of their lands , possessions , offices and goods ; whereby many great injuries , enormities and inconveniences , well nigh to the ruine , decay , and universal subversion of the kingdom ensued . the very design of our lilburnists , sectaries , and levellers now , out of particular malice and covetousness , to share the lords and all rich commoners lands and estates between them , being poor indigent covetous people for the most part , scarce forty of them worth one groat , at least before these times and wars . ly . this apparent right of theirs , is undeniably ratified , acknowledged by the very words of the kings writs in all ages , by which the lords themselves are summoned to the parliament , running in this form . * carolus , &c. charissimo consaguineo suo edwardo com. oxon. salutem : quia de advisamento & consensu consilii nostri pro quibusdam arduis et urgentibus negotiis , nos , statum et defensionem regni nostri angliae , & ecclesiae angli canae concernentibus , quoddam parliamentum nostrum apud civitatem nostram . westmonasterium , die novemb. prox . futuro tenere ordinavimus , et ibidem vobiscum , cum praelatis , magnatibus et proceribus dicti regni nostri colloquium havere , ettractare ; vobis sub fide & ligeantiis quibus nobis teneamur firmiter injungendo , mandamus , quod consideratis dictorum negotiorum arduitate , & periculis minentibus , cessante excusatione quacunque , dictis die et loco personaliter inter sitis nobiscum , ac cum praelatis , magnatibus , proceribus praedictis , super dictis negotiis tractaturus , vestrumque consilium impensurus , sicut nos et honorem nostrum , ac salvationem et defensionem regni et ecclesiae praedictorum , expeditionem que dictorum negotiorum diligitis , nullatenus omittatis , teste , &c. which writs firmly require and command their personal presence , counsel and advise in all parliaments , without any excuse , and that by the faith and allegiance which they owe to the king , and as they doe tender the king and his honour , the salvation and defence of the realm and church of england , and the dispatch of the arduous and urgent businesses which concern them . which is likewise seconded , expressed in the very words of all the writs for election of knights and burgesses , the form and substance whereof are antient , and can recive no alteration nor addition but by act of parliament , as (b) sir edward cook resolves . by this writ , the prelates , great men , nobles of the realm are summoned to the parliament , there to treat and confer with the king , of the arduous and urgent affairs and defence of the king , realm , and church of england , as the first clause of the writ , * carolus , &c. quia , &c. pro quibusdam arduis et urgentibus negotiis ; nos statum & defensionem regni nostri angliae , & ecclesiae anglicanae concernent : quoddam parliamentum nostrum &c. teneri ordinavimus ; & ibidem cum praelatis ▪ magnatibus & proceribus dicti regni nostri colloquium & haberet tractare , tibi praecipimus , and the commons are summoned , to perform and consent to those things which shall there happen to be ordained by this common council of the kindom , &c. and if they are thus summoned , not to treat amongst themselves as an independent , intire parliament ; but to confirm and consent to what the king , prelates , great men , and peers ( the † common council of the realm ) shall ordain about such affairs ; as they must of necessity admit the king , lords and peers to be altogether as essential ( yea more principal eminent ) members of parliament , though not elective as the knights and burgesses , who are but summoned to consent to and perform what shall happen there by their common advise to be ordained ; or at least to consult and advise with them , as their inferiours , not to over-rule them , as their superiours , and the only supream power , authority in the kingdom . so if they will totally exclude either king or lords from the parliament ( who are distinct , principal and essential members of it as well as the commons , and have always been so reputed until now ) the commons may sit alone as cyphers , but not as a parliament or council , to vote , impose , or act any thing that is binding to the people ; since regularly they neither are , nor ever yet were in any age no more a parliament in any case without the king and lords , then the king and lords alone are now a parliament ( though antiently they were so of themselves ) without the commons , or the trunk of a man , a perfect man without head or shoulders . if * . be joyntly impowred or commissioned to do any act by commission , deed , or warrant , any one or two of them can doe nothing without the third . if many be in commission of the peace , sewers , or the like & three of the quorum joyntly , to act therein joyntly , if any one of the three be absent or dead , all the rest can doe nothing , because their authority is joynt , not single . in parliament it self , if either house appoint a committee of , , or . to examine , act , or execute any thing : if but one of this number be absent , or put out , the rest can doe nothing that is legal or valid , even by course of parliament ; neither can either house sit and vote as a house , unlesse there be so many members present , as by the law and custom of parliament will make up an house , as every mans experience can inform him . if these levellers then will absolutely cut off or exclude the king or lords from the parliament , they absolutely null and dissolve it : and the act for * continuing this parliament cannot make nor continue the commons alone together as a parliament , no more than the lords or king alone without the commons ; the king or either house alone being no parliament , but both conjoyned and enlivened with the kings personal or representative presence . the cutting off the head alone or of the head and shoulders , altogether destroys and kills the body politick and parliament , as well as the body natural . if the king dies , or resigns his crown , or be deposed , the parliament thereby is actually dissolved , as it was resolved in the parl. of h. . n , , , . h. . n. . e. . . and cooks institutes , p. . the last parliament of jac. dissolved by his death , so if the lords or commons dissolve and leave their house , without any adjournment , or if the king by his writ dismisse , or dissolve either of the houses , the parliament is thereby dissolved , as the forecited presidents , and the latter clause of the writ for the election of knights and burgesses manifests . and a new kind of parliament consisting only of commoners , when the old one ( only within the act for continuing this parliament made up both of king , lords , and commons ) is dissolved ; neither will nor can be supported or warranted by the letter or intention of this law , or any other law , custom , or right whatsoever . ninthly , all the petitions of the commons in all antient & modern parliaments to the king , & peers , for their redresse of grievances , recorded in our antient parliamentary rolls . the usual prologue to most of our antient printed statutes , in the statutes at large , & in poulton , the king at the request of the commons & of , or by the assent of the prelates , dukes , earls , barons , and other great men there assembled , hath ordained these things ( or acts ) underwritten : all acts of parliament now extant , usually running in this form ; * the king with the assent of the lords spiritual and temporal in parliament hath ordained ; and be it enacted by the kings moct excellent majesty , the lords spiritual and temporal in this present parliament assembled . the famous petition of right , car. so much insisted on , beginning thus . humbly shew unto our soveraign lord the king , the lords spiritual and temporal , and commons in parliament assembled , thus answered by the king ; let right be done as is desired . the act for continuing this parliament , made by the king and lords , as well as by the commons , ( who never intended to exclude themselves out of this parliament by that act , or that it should continue if either of them were quite dismembred from it ) with all acts and ordinances since . yea the very protestation , and solemn league and covenant , taken by the commons , lords and prescribed by them to all others throughout the three kingdoms , which couple the lords and commons always together ( neither of them alone being able to make any binding act nor ordinance to the subjects , * unlesse they both concurr , and have the kings royal assent thereto no more than one member alone of the house can make a house ) and ranck the lords always before the commons , and the king before them both ; so firmly hold forth , establish the lords and kings undoubted rights to sit and vote in parliament , and decry this new invented monopoly of a sole parliament of commons , without king or lords , and that absolute sovereign power these lilburnists , new lights have spied out and set up for them in utopia ; that impudency it self would blush to vent such mad , absurd , irrational frenzies and paradoxes as these crack brain'd persons dare to publish ; and they may with as much truth and reason argue , that one man is three ; that the leggs and trunk of a man are a perfect man , without head , neck , arms , and shoulders ; or that the leggs , ribs , bowels of the body are and ought to be placed above the head , neck , shoulders ; as that the house of commons are or ought to be an entire parliament ; the sole legislative power , the only supreme authority , paramount both king and lords ; who must not now have so much as a negative voice , to deny or contradict any of the commons votes , or ordinances , though never so rash , unjust , dishonourable , prejudicial or dangerous to the whole kingdom ; as these new dogmatists affirm . tenthly , the commons themselves in their joynt declaration and resolution with the lords , this parliament , concerning his majesties late proclamation , august . * printed by their special order declare and stile his house of péers to be , the hereditary counsellors of the kingdom . the like they declare in their * declaration of january . mr. john pym in his speech at guildhall in london , january . ( made and printed by the commons special order ) asserted ; that the lords have an hereditary interest in making laws in this kingdom . * the commons house in their remonstrance of the state of the kingdom , december . affirm , that the peers are the kings great council : that the king summoned the great council of péers to meet at york the . of september , and there declared a parliament to begin the . of november following . in which parliament when the lords and commons met ; they add ▪ but what can we the commons doe without the conjunction of the house of lords ? and what conjunction can we expect there , when the bishops and recusant lords are so numerous and prev●lent ? thereby confessing that without the lords concurrence ( who are the great council of the realm ) the commons can do nothing at all in parliament : since all laws , ordinances , taxes , votes that are valid and binding to the people , must pass both houses , and have the lords as well as commons assent ; as they resolve in sundry * printed rem●nstrances , & declarations , mentioning both houses of parliament , ●nd their concurrence to all things therein concluded ; and the king likewise in his . the lords and commons in their declaration of the th of august . to the high and mighty states general of the united provinces ; printed in a collection of ordinances of parliament , p. , . complain thus to them of this misinformation of their ambassadors , june . . the lower house hath caused the chamber where they sit in , to be hanged with tapistry , which was heretofore never so . it is said it is done , that the lords changing their chamber , shall come and sit in the house of commons , and so to be both together reduced into one body , and the better agree by number of votes : when heretofore the parliament was full , then the lords chamber did consist of about . or more votes , and the lower house of above votes ; and they have alwayes been in several houses , and the one could not conclude anything for a resolution of the king , unless the other house did also consent but now the king is absent , and the vpper house should now be melted into the lower and in the common assembly of about ; ; lords which are now here , and some commoners , so the most votes should rule and ordain all matters : thus much we are told , and that it tends to shun many disputes , and hindrances which happen in their resolution every day . the lords remain constant to maintain their rights , and say : this is to take away all their right and prerogative , taking away their house and so to bring all the power under the commons . ; ●o which misinformation the commons , ( and lords too ) returned this answer to the states . my lords , the commons are charged with endeavour of altering the fundamentals of parliament , by taking away the house of péers , and melting it into the house of commons , when as there was never any debate in the house of commons concerning a●y such matter , nor was the same ever intended or desired by the said house . * after this the whole house of commons in their declaration of the aprilis . of their true intentions concerning the antient and fundamental government of the kingdom ; thus positively declared to all the world ; that our true and real intentions are , and our endeavours shall be , to maintain the antient and fundamental government of the kingdom by king , lords and commons : that we have only desired , that with the consent of the king , such powers may be setled in the two houses , without which we can have no assurance but that the like or greater mischiefs , which god hath hitherto delivered us from , may break out again , and engage us in a second and more destructive warr . seeing then the very commons house themselves in these and sundry other printed declarations have so fully , so frequently declared , resolved the lords antient undoubted hereditarie right and interest to sit , vote and assent unto all laws , ordinances , proceedings in parliament , as the great council , and counsellors of the kingdom , and acknowledged this their privilege and the house of peers to be a part of the fundamental constitution and government of this kingdom , which they are resolved to maintain , and not to alter : and that they never intended nor desired , much less endevoured the altering the fundamentals of government by taking away the house of lords ; how any commoners , levellers or others can now dare to question , deny or oppugn this their hereditary fundamental right of peerage , or attempt the actual abolishing of the house of peers , without the highest impudency , treachery , absurdity , and incurring the crime of a new gun-powder treason , to blow up the house of lords afresh , which the old jesuitical popish gun-powder traytors only attempted , but could not accomplish , transcends my understanding to comprehend . ly , the general council of the officers of the army in their declaration made at windsore ; about january . presented to the lords house by sir hardress waller ; asserted , the hereditary legal right of the lords and their house in parliament , and the armies fixed resolution to uphold and maintain them and their privileges with their swords . and if john lilburns printed letter to the speaker , july . p. , . may be credited , lieutenant general cromwell himself , protested to him and others at the lord whartons house , and that upon his conscience in the sight of god , that the lords had as true a right to their legislative and iurisdictive power over the commons , as he had to the coat on his back , and that he and the army would support the same . how dare then any levellers or officers in the army or elsewhere to question or attempt to abolish this their undoubted right to sit , vote ▪ and exercise a legislative and juridical jurisdiction in parliament , and that over commons themselves in cases which concern their peerage , and in cases not triable properly elswhere but only in parliament ? . twelfthly , these very sectaries and levellers themselves have acknowledged , asserted this right & power of the lords all along this parliament till of late , as appears by their several petitions and complains to them upon sundry occasions heretofore ; by their resorting to them for justice against strafford , canterbury , and others ; yea (c) jo. lilburn himself , till his late quarrel with them , not only acknowledged their very power of judicature , but highly applauded their justice , in his own cause ; petitioning and suing to them not onely for reversal of the sentence against him in starchamber , but likewise for damages and reparations against his prosecutors , pleading his cause by his counsel before them , as his proper judges ; who thereupon by judgement of the house , vacated the decree against him , as illegal ; voted him damages , and passed him an ordinance for the recovery and levying thereof ; all which he himself hath published in sundry of his printed pamphlets , wherein he acknowledgeth and extolleth their justice . take but one passage for all in his innocency and truth justified , p. , . if i be transmitted up to the lords , i confidently believe i shall get forward , out of the former experiences of their justice there , & i will instance two particulars . first , when i was a prisoner in the fleet , and secondly , may the fourth , one thousand six hundred forty one . the king accused me of high treason , and before the lords bar was i brought for my life ; where , although one littleton , servant to the prince , swore point blank against me , * yet had i free liberty to speak for my self in the open house ; and upon my desire , that master andrews also might declare upon his oath what he knew about my business , it was done ; and his oath being absolutely contradictory to master littletons , i was both freed from littletons malice , and the kings accusation , at the bar of the whole house : and for my part * i am resolved to speak well of those that have done me justice , and not to doubt they will deny it me , till such time as by experience i find they doe it . and at that time he was so much for the lo●ds , that he writes most disgracefully , derogatorily of the commons house , ( and other his confederates by his example ) tells them of their want of power , injustice , and illegal proceedings (d) quarrels only with them , and their committees , for their delays and injustice towards him : telling them to their faces in many of his former , and late printed * libels : that they have no power at all to commit or examin him , or any other commons of england without the lords : nor yet to give or take an oath : that they are but a peece , and lowest part of the parliament , not a parliament alone ; that they can make no binding votes , ordinances or laws , nor commit nor command any commoner , without the lords , and in one or two pamphlets more he endeavours to prove them to be now no lawfull house of commons , at all ; nor would he ever acknowledge them to be so ; and that he would make no more conscience of cutting theirs and the lords throats ( the tyrants and oppressors at westminster ) than of killing so many weasels and polcats ; with many other like scurrilous and mutinous expressions . his own printed papers , petitions , actions therefore are an unanswerable confutation of his malicious cōtradictions of their authority and judicature since , for their exemplary justice on him : and he must either now re-acknowlege th●ir right of sitting , voting , judging in parliament to be lawfull , or else renounce his own former petitions and addresses to them for justice ; retract all his former printed papers , asserting their judicature , and extolling their justice ; yea disclaim their judgement for vacating his own sentence , in the starchamber , their awarding him damages , and passing an order to recover them , as meerly null and void , being made before no lawfull nor competent judges , as now he writes , since not elected by the peoples vote . let those his followers , who admire him for his law , observe these his palpable , invincible contradictions , and be ashamed and afraid to follow such an ignorant erronious guide , who writes only out of malice , faction , not of judgement , as his contradictions evidence . ly . the acts for preventing the inconveniencies happening by the long intermission of parliaments . and to prevent the inconveniences which may happen by the untimely adjourning , proroging , or dissolving the parliament ( made this parliament , and assented to by the king at the commons importunity ) confirm the lords interest , right , to sit and vote in parliament beyond all dispute , and give them now power to summon a parliament themselves in some cases , in default of the king , his chancellor and officers . ly . the antient form still continued till this day , of dismissing and dissolving parliament , the king licenseth the lords and commons to depart home , and take their ease . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . . e. . n. . ( and all parliaments since ) proves their right of sitting in , and attending the service of the parliament in person ( without special license of the king , dispencing with their absence ) during its continuance , in despite of all ignorant cavils to the contrary , the kings license of them to depart being void and nugatory , if not bound by law to attend the parliament in person , as well as the commons . ly . finally , this hereditary right of the english barons , lords , is demonstrated , resolved in this very clause of their patents of creation ; when first created earls or barons , inserted into all patents since , h. . and implyed by our laws , though not precisely mentioned in all the antient patents of creation before . * volentes & per praesentes concedentes pro nobis , haeredibus , & successoribus nostris , quod praefotus a. comes ( vel baro , &c. ) s. & haeredes sui masculi , ut comites , vel barones , de s. in omnibus teneantur , tractentur , & reputentur , et eorum quilibet habeat , teneat , et possideat sedem et locum in parlamentis nostris , haeredum et successorum nostrorum in●ra regnum nostrum angliae , inter alios comites ( vel barones ) ut comes , vel baro. than which nothing than be more positive and direct in point . i shall close up all the premises with two memorable clauses in two writs of summons to parliament , evidencing not only the undoubted right , but absolute necessity of the lords personal fitting , voting , and advising in our parliaments . in the parliament held at york , in the year of king edward the third , the archbishop of canterbury , with some other bishops and nobles being absent , thereupon the prelates , nobles , knights and burgesses there present refused to act any thing , and resolved they could conclude nothing by reason of their absence : whereupon they prayed the king to adjourn the parliament , and by a new writ to summon the archbishop , and all other bishops and lords then absent personally to appear at york on the day whereto the parliament was adjourned , under a penalty , as is evident by these clauses in the writs of summons then issued . * rex é venerabili in christo patri eadem gratia archiepiscopo cantuar. &c. verum quia dictis negotiis in eodem parliamento praepositis , quae salvationem jurium coronae nostrae , & regni nostri intimè contingunt , et nobis incidunt multum cordi , per praelatos , proceres , & milites comitatuum tunc ibidem praesentes deliberato consilio responsum existit , quod in tam arduis negotiis sine vestri , ac aliorum prelat . ac magnat . et procerum prodictorum absentium praesentia , consilium et assensum praebere non possunt , nec debent : ita quod nobis cum insta● a suppli● 〈◊〉 pa●liam . illud usque ad diem mercur●i● octav●s sancti hilari , prox . i●de futur . continuari seu pro●ogari & inte●im vos e● caeteros prelatos , et proceres tunc absentes convocari faceremus . ac nos , quanquam hu●usmodi ●i●tio no●s d●m●s● e● periculosa plurimum vide●tur , eorum petitioni in hac parte annuentes , &c. parliamentum praedictum usque ad octav . praedictas duximus continuandum seu prorogandum . ac praelatis , magnatibus , militibus , civibus , & burgensibus inj●nximus , quod tunc ibid. intersint , quacunque excusatione cessante , ac omnibus aliis praetermissis . ne igitur contingat ( quod absit ) dicta negotia ad nostri & regni nostri damnum , & dedecus per vestri seu aliorum absentiam , ulterius prorogari , vobis in fide & dilectione quibus nobis tenemini , et sub periculo quod incumbit districte iniungendo mandamus , quod omni excusatione cessanie sitis personaliter apud ebor. in dictis octab. nobiscum , & cum caeteris praelatis & magnatibus dicti regni nostri super dictis negotiis tractaturus , et vestrum consilium imp●nsurus . scientes , quod si per vestram absentiam contigerit dicta negotia ( quid absit ) ulterius retardari , dissimulare non poterimus , quin ad vos exinde , sicut convenit graviter capiamus , teste rege apud ebor. die decembris . eodem modo mandatum est aliis episcopis , abbatibus , & magnatibus , & aliis . and in another writ of summons the same year to the same archbishop of canterbury , there is this clause inserted against making any proxie . * scientes pro certò , quod nisi evidens et manifesta necessitas id exposcat non intendimus procuratores seu excusatores pro vobis admittere ea vice , propter arduitatem negotiorum praedictorum . which clause amongst other reasons was then inserted , because the clergy in a parliament held at eltham some two years before , refused to grant this king an aid for the defence of ireland ; by reason of the archbishops absence from it , adjourning their answer to this aid , till they all and the archb●shop ass●mbled together in a future convocation , to be summoned by the kings writ , * as the claus . rol. an. e. . m. . dorso record● . thus the bishops and clergy refused to grant an aid to king henry the . anno . and likewise another aid to the pope , anno . because many of the bishops and abbots who were summoned to the parl. then held , were not present . adding ; tangunt ista archiepiscopos necnon universos angliae praelatos ; cum ergo archiepiscopi , episcopi , & alii ecclesiarum praelati sint absentes , in eorum praejuditiis respondere nec possumus nec debemus . ouia ●id ●cere praesume●emus in prejuditium omnium absentium fieret praelatorum . all excellen● presidents both for the lords and commons in all succeeding ages , not to vote or act any thing , or grant any aids , or subsidies upon any occasion , menace , or intreaty ; whiles their members who ought to be personally present are absent , much more when forcibly secured , or secluded by internal confederacy , or external armed violence , or the whole house of peers sequestred or suppres●ed by factious , seditious , levellers , who now design their total and final extirpation out of their future * new-modelled parliaments . having thus impregnably evinced the lords undoubted right to sit and vote in parliament , though they be not elective by the peoples voices , as knights and burgesses are ; i shall next discover unto our illiterate ignoramusses , who oppose their right , the justice , good grounds and reasons of our ancestors , why they instituted the lords to sit and vote in parliament by right of their very nobility and peerage , which will abundantly satisfie rational men , and much confirm their right . first , the nobles and great officers in all kingdoms , and in our kingdom too , in respect of their education , birth , experience , imployments in military & state-affairs , have always been generally reputed the wisest , most experienced common wealths men , best able to advise , counsel the king and kingdom in all matters of government , peace , or war ; as our historians , antiquaries , pol●tians , records , acknowledge and attest ; whence they were antiently stiled (c) aeldermen , wisemen ; magnates , optimates , sapientes , sapientissimi et clarissimi viri : conspicui , clarique viri , primates , nobiles , &c. in our historians and records : our parliaments in that respect being frequently stiled in antient times , concilium sapientum : upon which grounds our kings , lords , and * commons too , ( when ever they recommended councellors of state to the king in parliament , made choice of lords , and other peers for for their privy councellors , as most wise , able , discreet . ) therefore it was thought fit , just and equal , the king should ever summon them to the parliament by his writ , without any election of the people , for their own inherent wisdom , excellency , valour , learning , worth ; the original cause of advancing , enobling them at first , as is expressed in their patents : and evident by these scripture texts . esth , . , . isay . , , . jer. . . c. . . c. . . dan. . . c. . , , . gen. . . . psal . . , . compared together . this ground of calling the nobles to the parliament , is intimated in the very words of the summons , et ibidem vobiscum colloquium habere & tractare de arduis & urgentibus regni & ecclesiae anglicanae negotiis , vestrumque consilium impensuri , &c. et hoc nullatenus omittatis : which clause ( recited in the commons writs of election likewise ) implies them to be men of most wisdom and experience , able to counsel and advise the king in all hit weighty , arduous affairs both of the kingdom and church : whence by hereditary antient right they are , the kings great councel , and so acknowledged by the commons themselves this last parliament . i could give many instances wherein the commons in parliament have extraordinarily applauded the lords and peers for their great wisdom , (f) and specially desired their * wholsom counsel , as persons of greater wisdom and experience than themselves : but for brevity sake i shall cite only these ensuing records . in the parliament of edw : . rot . parl. n. , . wil. de thorp in the presence of the king , prelates , earls , barons , and commons declared , that the parliament was called for two causes : † the first concerning the wars which the king had undertaken by the consent of the lords and commons against his enemies of france . the second , how the peace of england may be kept . whereupon the king would the commons should consult together , and that within four days they should give answer to the king and his counsel what they think therein . on the fourth day the commons declare , that they are not able to counsel any thing touching the point of war ; wherefore they desire in that behalf to be excused : and that the king will thereof advise with his nobles and council , and what shall be so amongst them determined , they the commons will thereto assent , confirm , and establish by which it is evident the commons then reputed the nobles more wise and able to advise the king in matters of war than themselves , who confessed their inability therein , and therefore submitted to assent to whatever the nobles and councel should therein advise him. edw. . n. , . the commons submit the whole businesse of the treaty of peace with france , to the order of the king and of his nobles . and edw. . n. . the lords only advise the king touching truce or war with scotland . in the first parliament of edw. . n. . the commons having delivered in divers articles concerning the redress of grievances and publike affairs to the king , prayed , that unto the wednesday ensuing their articles may be committed to the bishops , barons , & other wise men there named , by them to be amended ; which the king grauted : whereas the lords exhibited their articles apart to the king , and the bishops their articles apart in this parliament , and protested , that they ought not to answer but in open parliament by and with their peers , without joyning with the commons , num . , , , &c , , , , . which course they held in most following parliaments . in the parliaments of e. . numero . e. . n. . e. . n. . r. . n. . r. . n. . r. . n. . r. . n. . parl. . n. . r. . n. . . h. . n. . . * the commons petition the king for certain lords to be sent to them as a commi●tee , to assist and advise them in the matters propounded to them by the king and his chancellor , wherein their advise was required : as being more able to advise and counsel them than any of their own members . in the parliament of r. . par. . n. . the commons being demanded their advice touching the war with flanders , and the kings going thither in person with an army ; answered : that this consultation did properly belong to the king and lords , yet it being their pleasures to charge the commons to deliver their conceits therein , they thereupon did it with this protestation , that what they spake was not by way of counsel , but to shew their advice . whereto was answered for the king ; that there was but l●ttle difference between counsel and advice . in the parliament of r. . n. , . the commons being charged to deliver their opinions touching peace with france . for answer to peace , said ; that it beseemed them not to intermeddle with their counsel therein : and therefore referred the whole order thereof to the king and his counsel of lords . whereupon the commons being urged to declare , whether they desired peace or warr ? for one they must chuse : answered : an honourable peace for the king : but for that in the articles were conteined many terms of the civil law , which they understood not and for that they understood the articles were ; the king should hold ; guienne of the french by homage and service , they knew not what to say only they hope , that the king meant not to hold ; calice , and other countries gotten by the sword , of the french. in the parliament of r. . n. . the commons being demanded their opinions concerning peace with france , declared by their speaker , that the same passed their capacity ; and therefore they referred themselves to the king , lords & council , and the rather , for that the lords and council affirmed , that those wo●ds ( homage , soveraignty , and resort ) conteined in the indenture of peace , should be mod●rated , &c. in the p●rliament of r. . n. . the commons excuse themselves touching the embassadors and embassie sent to france for peace , referring the same to the kings own pleasare and the lords . i shall conclude with one president more , most suitable to the present deplorable condition of our state , and worthy imitation . in the parliament of hen. . rot. parl. num . , . the commons having presented to the king in parliament divers grievances , in the ill-managing of his revenues , the decay of his castles , houses and parks ; the great povertie and pressures of his subjects , and danger of the enemies : thereupon they most intirely and cordially prayed the king , to consider the eminent perils of all parts of the realm by reason of the enemies and rebels , of which they had news from day to day ; and that as the case then stood , if such mischiefs were not speedily and graciously remedied and reformed in this parliament , it might fall out upon sodain arrival of enemies , or by some other means , this parliament must of necessity be departed from by all and dissolved , so as the lords and commons should never re-assemble again to redress the said mischiefs , and others , which god defend . and therefore that it would please the king , considering the high wisdoms and discretions of the lords , and that they had knowledge of many perils and matters which could not be so clearly known to the king , that he would now in this present parliament charge all his lords spiritual and temporal , upon the faith they principally owe to god , and the faith , homage and allegiance which they owe to our lord the king himself , for the aid and salvation of themselves , and of all the realm , that the said lords would counsel and shew him their advice and wholesom counsel in this behalf severally and intirely without dissimulation , or adulation , having regard to the great mischiefs and necessity aforesaid . and thereupon our lord the king most graciously , with his own mouth in full parliament , charged and commanded as well the lords , as the said commons , that they should doe their diligence , and shew unto him their good and wholesom counsels in this behalf , for the aid of him and all his realm . and after the said commons in the same parliament , made request to the said lordt , that seeing the king had given them such a charge and command , and that in so high a manner of record , that they would do their diligence , well and loyally to pursue the same without any courtesie made between them in any manner , as they would answer before the most high , and before our lord the king , and to all the realm in time to come ; and that the commons themselves thereupon would do the like on their party . which if both lords and commons would now cordially and sincerely promise and engage to do , without self-ends or in●ests , we might see our church and kingdom speedily setled in a peaceable and happy condition . in brief , the lords alone in the very writs for chusing knights and burgesses , are stiled , * the common council of the kingdom , and the knights , citizens and burgesses are called ; to effect and assent to that which they and the king , by their common advice , shall ordain , and rich. . parl. . n. . r. . n. , , , . and parl. r. . n. . . they are called the great council of lords , by reason of their extraordinary wisdom and abilities . and so are they expresly stiled by the whole house of commons themselves in their first printed remonstrance of the state of the kingdom , decemb. . exact collection , p. . therefore most fit to sit , counsel , advise vo●e , and judge in parliament . secondly , the lords and great officers of the realm , as such ; were ever reputed persons of greatest valour , courage . power , ( in regard of their great interests , estates , worth many whole boroughs , of which divers of them are sole lords , their allies , and retainers ) and so best able to withstand , redress all publike grievances , exactions , encroachments of the king , his officers , and others upon their own and the peoples liberties , laws , great charters , in defence whereof they have in antient times been alwaies most ready , active to spend not only their estates , but bloud and lives too , wherewith they have redeemed , preserved those laws , liberties , great charters concerning their freedoms , we now enjoy and contend for . and in this regard our ancestors in point of wisdom , policy , reason right , thought meet , that ex congruo et condigno , et † debito justitiae , they should alwayes be summoned to , and bear chief sway in our parliaments , in respect of their peerage , power , nobility only , without the peoples election . this reason of their sitting in parliament , we find expresly recorded in bracton , l. . c. . fol. . and in fleta , l. . c. . the king ( say they ) hath a superiour , namely , god ; also the law , b● which he is made a king ; likewise his court , to wit , the earls & barons , because they are called counts , as being the kings fellows , and he who hath a fellow , hath a master . and therefore if the king shall be without a bridle , that is , without a law ; debent ei fr●num imponere , they ought to impose a bridle on him , &c. which the commons being persons of less power and interest were unable to do . andrew horn in his mirrour of justice , ch . . § . . . renders the like reason . in all the contests in parliaments , and wars between k. john , h●n . . edw. . & rich. . concerning magna charta , the charter of the forest , the liberties , properties of the subjects , and opposition of unjust taxes , ayds , exactions , the lords and barons were the ring-leaders , the chief opposers of these kings usurpations , exactions , and encroachments on the great charters , laws , rights , liberties of the people , as all our (g) histories and records relate ; whence they stile the wars in their times , the barons wars : and before this , the nobles were the principal actors in resisting the tyranny of k. sigebert , and k. bernard , and dethroning them for their misdemeanours , as is clear by mat. westminster in his flores historiarum , an. . & . to give some pregnant instances of this kind not vulgarly known or taken notice of , to clear this truth beyond contradiction . upon the death of william rufus , * an. . magnates , the nobles of england not knowing what was become of robert duke of normandy , who had been . years absent in the holy warrs ; thereupon henry his brother , congregato londoniis clero angliae , & populo universo , ( to wit , the lords spiritual and temporal expressed by these terms , not the inferiour clergy , knights , citizens , burgesses and commons of the realm , * as some antiquaries and others mistake , who derive their sitting in parliaments from the beginning of this kings reign ) promisit emendationem legum quibus oppressa fuerat anglia tempore patris sui & fratris nuper defuncti : ut animos omnium in sui promotionem accenderet et amorem , et illum in regem susciperent et patronum . ad haec clero respondente et magnatibus cunctis ( the clerus & populus there summoned ) quod si animo volente ipsis vellet concedere , et charta sua communire illas libertates et consuetudines antiquas quae floruerunt in regno tempore regis edwardi , in ipsum consentirent , et in regem unanimiter consecrarent . henrico autem libenter annuente , et se id facturum cum juramento affirmante , consecratus est in regem favente clero et populo , cui continuo à mauritio londonensi episcopo , et à thoma eboracensi archiepiscopo corona capi●i imponitur . cum fuerat diademate insignitus , has libertates subscriptas in regno , ad exaltationem sanctae ecclesiae et pacem populi , tenendas concessit . his charter is recorded at large in * matthew paris , † bromton , and others . it begins thus , henricus dei gra●ia , rex angliae , &c. sciatis , me dei misericordia ▪ & communi consilio baronum regni angliae regem esse coronatum ( which proves that the clerus angliae & populus forementioned , were only the spiritual and temporal barons , not ordinary clergy and commons , as contradistinguished from them ) et quia regnum oppressum erat injustis exactionibus , ego respectu dei et amore quam erga vos omnes habeo , sanctam dei ecclesiam liberam facio , &c. et omnes malas consuetudines quibus regnum angliae injuste opprimebatur , inde aufero : quis malas consuetudines in parte hic pono . si quis baronum meorum , comitum , &c. * lagam regis edwardi vobis reddo cum illis emendationibus quibus pater meus eam emendavit consilio baronum suorum . this charter was subscribed by all the bishops , earls , nobles and barons of england ; et factae sunt tot chartae quot sunt comitatus in anglia , et rege jubente positae in abbatiis singulorum comitatuum ad monimentum . so matthew paris relates . * william of malmsbury records : in regem electus est , aliquantis tamen ante controversiis inter proceres agitatis , atque sopitis . which done , aliquarum moderationem legum revocavit in solidum , & sacramento suo et omnium procerum , ne luderentur , corroboravit . * simeon dunelmensis records , that consecrationis suae die sanctam dei ecclesiam liberam fecit , ac omnes malas consuetudines , et injustas exactiones quibus regnum angliae opprimebatur , abstulit , legem regis edwardi omnibus in commune reddidit , &c. majores natu angliae , & magnates terrae congregavit londoniae . the * chronicle of bromton , records the same in the self-same words : and so doth henry knyghton de eventibus angliae , l. . c. , . polychron . l. . c. . roger de hoveden , annal. pars . p. . and that the lords procured this charter . king * stephen being elected and crowned king à primoribus regni ; against his own and their former oaths , omnes tam praesules , quam comites et barones , qui filiae regis et suis haeredibus juraverant fidelitatem , consensum stephano praebentes : in pursuance of his coronation oath anno . episcopos & proceres regni sui regali edicto in unum convenire praecepit , cum quibus generale concilium celebravit oxoniis . wherein he confirmed all their laws and liberties by a special charter : in which there are these clauses among others . sanctam ecclesiam liberam esse concedo , et debitam reverentiam illi conservo . omnes exactiones et injustitias et meschemingas , sive per vicecomites , sive per alios quoslibet male inductas , funditus extirpo . bonas leges et antiquas et justas consuetudines in hundris & placitis , et aliis causis observabo , et observari praecipio et constituo . this charter was subscribed by all the bishops , earls and barons , who procured it , in this common council at oxford . which they promised inviolably to observe , & generaliter se servaturum juravit : sed nihil horum quae deo promiserat observavit , writes matthew paris : henry huntindon , holinshed , and others observe , that the archbishops , bishops and nobles , who contrary to their oaths of allegiance to henry the . mawde , and their heirs , elected stephen king , for this their detestable perjury , soon after came to exemplary ends : especially roger the great bishop of salisbury , qui secundum illud sacramentum praefatum fecerat , et omnibus aliis praedicaverat ; unde justo deo judicio postea ab eodem ( stephano ) quem creavit in regem , captus et excruciatus , miserandum sortitus est exterminium , et omnes magni qui stephano juramentum fecerunt miservm sortiti sunt finem . in the * . and . years of k. john , an. dom. , . the prelats , earls , nobles , and barons , being assembled together in a great parliamentary council held at pauls & after at st. edmunds , there was produced and read before them a charter of king henry the . which the barons received from stephen archbishop of canterbury ; which charter conteined certain laws and liberties of king edward , granted to the holy church and the great men of the realm , with some other liberties which the said king had added thereunto of his own grant . which being read , thereupon the barons all swore in the archbishops presenc , that if need were , they would spend their blood in its defence . and afterwards at st. edmonds bury , the barons swore upon the high altar , that if king john refused to confirm and restore to them those liberties and rights of the kingdom ; they would make war upon him , and withdraw themselves from his allegiance , till he had ratified them all by his charter under his great seal . which they accordingly performed . the king promising to confirm their liberties and the charter of king henry the . which the barons publikely read in . of their great parliamentary councils ) and yet de●aying the same ; thereupon all the nobles and barons assembled together at stamford , with their horses , friends and followers , amounting to many thousands , resolving to force the king to grant and ratify the same . whereupon the king sent the archbishop of canterbury , william marshal earl of pembroke , and other prudent men to the earls and barons , to demand of them , quae essent leges & libertates quas quaer●bant ? who thereupon produced a schedule of them to the messengers , quae ex parte maxima leges antiquas & regni consuetudines continebat ▪ capitula earum partim in charta regis henrici . superius scripta sunt ; partimque ex legibus regis edwardi antiquis excerpt● . the barons affirming , quod nisi rex illas in continenti concederet , et sigilli munimine confirmaret , ipsi per captionem castrorum suorum , terrarum & possessionum ipsum regem compellerent , donec super praemissis satisfaceret competenter . the archbishop returning to the king , and repeating the articles and liberties they demanded to him by heart ; when he understood their contents , with great indignation and scorn answered : et quare cum istis iniquis exactionibus barones non postulant regnum ? vana sunt , iniquit , et superstitiosa quae petunt , nec aliquo rationis titulo fulciuntur . affirmavit tandem cum iuramento fu●ibundus , quod nunquam tales illis concederet libertates , unde ipse efficeretur servus . when the archbishop and william marshal the earl , could by no means induce the king to consent thereto , they returned by his command to the barons , relating all that the king had said to them in order . whereupon tota angliae nobilitas in unum collecta , all the nobles of england collected together into one body , constituted robert fitzwalter general of their militia , calling him , marescallv mexercitvs dei et ecclesiae sanctae ; and flying to their arms , besieged several of the kings castles . who thereupon seeing himself generally deserted almost by all men , and fearing the barons would take his castles without any resistance ; though he bare an inexorable hatred against the barons in his heart : yet thinking to be revenged of them singly afterwards , when he could not do any thing against them all being united , he sent messengers to assure them ; quod pro bono pacis , & ad exaltationem regni sui et honor●m gratanter concederet leges et libertates quas petebant ; desiring them to appoint a fitting time and place for them to meet and conferr together , and perform what they desired . whereupon the king & all the nobles and barons meeting together at a conference in running mead , he after many debates granted them the laws and liberties they desired , confirming them by his charters under his great seal : the tenor whereof is at large recorded in matthew paris , and in the red book of the exchequer ; being almost the same in terms , with magna charta , and charta forestae , afterwards granted & confirmed in h. . printed in all our statute books , and so needless to transcribe . these charters being sealed and confirmed by the king , he at the barons request , sent letters patents through all the coasts of england , firmly commanding all the sheriffs of the whole realm , that they should cause all men of what condition soever within their bayliwicks , to swear , that they would observe the foresaid laws and liberties , and that to the best of their power they would constrain the king himself , by the seising of his castles , to perform all the things aforesaid , as they were conteined in his charter . in mean time the king sent letters to pope innocent , to vouchsafe to confirm the liberties and charters he had granted , with his bull. after which for their more inviolable observation , it was concluded and enacted ; that there should be barons chosen by the lords ( not commons ) who should , to their utmost power , cause the great charter confirmed by k. john , to be duly observed ; that if either the king , or his justicier should transgress the same , or offend in any one article , of the said barons should immediately repair to him , and require redress of the same without delay ; which if not done within forty days after , that then the said barons and the rest should distrain and seize upon the kings castles , lands and goods , till amends was made according to their arbitration . rot. patent , anno . johannis regis , in the tower , m. , . n. . dorso . writs were sent to all the sherifs & counties of england , to swear all the people to those barons , to aid and assist them in the premises , under pain of seizing their lands into the kings hands , and confiscation of all their goods to him , if they refused to take the oath within dayes . and the city and tower of london were put into the barons hands , till the king had performed his agreement with them : such confidence and power was then reposed in the barons alone . in the patent roll of johannis regis , pars . dors . · i find this memorable grant to the barons . well explaining the statute of magna charta , c. , sciatis quod concessimus baronibus qui contra nos sunt , quod eos nec homines suos capiemus , nec dissaiseamus , nec super eos per vim , vel per arma ibimus , nisi per legem regni nostri , vel judicio parium suorum in curia nostra . a very excellent privilege , law , liberty , purchased by the barons industry , inserted into k. johns great charter , * soon after published , ratifying it in these terms . comites & barones non amercientur nisi per pares suos , & non nisi secundum modum delicti . nullus liber homo capiatur vel imprisonetur , vel dissaisietur de aliquo libero tenemento suo , vel libertatibus , vel liberis consuetudinibus suis , aut utlegetur aut exulet , aut aliquo alio modo destituatur , nec super eum ibimus , nec eum in carcere mittemus , nisi per legale judicium parium suorum , vel per legem terrae , nulli vendemus , nulli negabimus , aut differemus rectum vel justitiam . the barons having by their valour , magnanimity , industry , procured these great charters of their liberties ; and of the forest , were as carefull , vigilant to preserve them , to punish the violations of them , and to get them reconfirmed , repromulged , when violated by our kings , which i shall manifest by some records & histories , not commonly known , or taken notice of . rot. pat. johannis , pars . m. , , , , . dorso , and chart. . joh. dors . . there are sundry patents , commissions , writs , for sending the great charter , and charter of the forest into every county , for enquiring of all evil customs contrary to them , that they might be abolished , & all violations of them , that they might be redressed ; all by the barons procurement , and by agreement betwen the king and barons , whose names are there inserted . pat. hen. . m. . & the great charter , by advice of the earls and great men , is sent by king henry the third into ireland , the exemplification whereof was sealed with the po●es legates seal , as well as the kings : and precepts are the●e sent to sherifs , to read it openly ; it being thus stiled in these records . libertates ( & charta libertatum ) regni nostri angliae , a patre nostro & a nobis concessae . so claus . h. ● . pars . m. . there is another precept for publishing and observing the great charter in ireland . rot. claus . h. . m. . & . dorso . the great charter , by special writs , is commanded to be duly kept , read , and observed in most counties , and sent down into yorkshire for that end , by the barons advice and procurement . pat. an. . h. . pars . m. . there is mention of charta nostra de libertatibus forestae concessis probis nostris hominibus de anglia . by the barons means , and order for its observation . anno dom. . the th . of henry the his reign , * this king in the octaves of epiphany , apud loudonias veniens cum baronibus ad colloquium , requisitus est ab archiepiscopo cantuariensi , & magnatibus aliis , ut libertares , & liberas consuetudines pro quibus guerra mota fuit contra patrem suum , confirmaret . et sicut archiepiscopus ostendit evidenter , idem rex diffugere non potuit , quin hoc faceret , cum in recessu ludovici ab anglia juraverat , & tota nobilitas angliae cum illo , quod libertates praescriptas omnes observarent , & ab omnibus traderent observandas . quod audiens gulielmus de briwere , qui unus erat ex consiliariis regis , pro rege respondens , dixit : libertates , quas petitis , quia violenter extortae fuerunt , non debent de jure observari . quod verbum archiepiscopus moleste ferens , increpavit eum , dicens ▪ gulielme , si regem in veritate deligeres , pacem regni non impedires . videns autem rex archiepiscopum in ira commotum , dixit , omnes libertates illas juravimus , & omnes astricti sumus , ut quod juravimus observemus . et rex protinus habito super hoc consilio , misit literas suas ad singulos vicecomites regni , ut per milites duodecim , vel legales homines , uniuscujuscunque comitatus , per sacramentum facerent inquiri , quae fuerunt libertates in anglia , tempore regis henrici avi sui , & facta inquisitione , londonias mitterent ad regem in quindecim diebus post pascham . these writs and letters of the king are recorded in the tower ▪ rot. claus , . hen. . part . m. . dorso . commanding the liberties found and retorned , to be proclaimed and observed : but it seems by dors . . there was a countermand , neither to proclaim nor observe them : whereupon † the king soon after sending the archbishop with three other bishops into france to king lewis , to render normandy , with other lands , unto king henry , according to his oath made to him in his recess from england , with the consent of all the barons : king lewis thereunto replied , that king henry had first broken his oath to him in this particular amongst others , de libertatibus autem regni angliae , de quibus guerra mota fuerat , quae in recessu suo concessae erant , & ab omnibus juratae , ita actum est , quod non solum illae leges pessimae ad statum pristinum sunt reductae , fed & illis nequiores per totam angliam sunt generaliter constitutae : nec etiam ecclesiae sanctae libertates , quas in coronatione sua inviolabiliter se juravit conservaturum conservat . unde qui prius pactum violavit , primus & injuriosus existit , non ego . quod audiens archiepiscopus , & episcopi qui cum eo erant , cum aliud responsum habere nequiverant , confusi ad propria sunt reversi , regi angliae quae audierant referentes . † in the year of king henry rhe . the king by reason of the insurrection of the earl of chester , and others , and the french kings taking of rochel from him , convenerunt ad colloquium apud northamptonam rex cum archiepiscopis , episcopis , comitibus , baronibus , & aliis multis de regni negotiis tractaturi , &c. wherein , regi pro maximis laboribus suis & expensis , tam à praelatis quam a laicis , concessum est carucagium per totam angliam de qualiter caruca duo solidi argenti . whereupon the king by the barons and nobles consent and advice ; as appears by rot. pat. . h. . pars . dors . , . sent writs to sundry sherifs , and to the bishop of durham and his chancellor , to proclaim and observe the great charter of liberties , and the charter of the forest . * in the year of king henry the . the king holding a parliamentary council at westminster , demanded advice , and also a fiftenth part of all the moveables of the clergy and laity through england , for the recovery of the antient dignity , rights and possessions of the crown , then lost , and seised on by the french king. whereupon , archiepiscopus , & concio tota episcoporum , comitum & baronum , abbatum & priorum , habita deliberatione , regi dedere responsum : quod regis petitionibus gratanter acquiscerent , si illis diu petitas libertates concedere voluisset . annuit itaque rex cupiditate ductus , quod petebant magnates , cartisque protinus conscriptis , & regis sigillo munitis ad singulos angliae comitatus cartae singulae dirig●ntur , & ad provincias illas quae in forestis sunt constitutae , duae cartae sunt directae , una scilicet de libertatibus communibus , & alter de libertatibus forestae , &c. et sic soluto concilio delatae sunt cartae singulae ad singulos comitatus , ubi ex regis mandato , literatorio interposito juramênto , ab omnibus observari jubentur : ricardo fratre domini regis milite libertates generales , tam forestarum , quam aliarum libertatum , pro quibus tantum cum rege joh. decertatum fuit , licet nil stabile vel solidum , vel pollicitae redderetur vel observaretur ( as now in this age ) sunt deceptoriae acclamatae . these charters are printed in all our statute-books , varying from those ●f king john in some particulars . rot. clause , an. h. . m. . the king in a writ to the sherif of lincoln recites , that his bailifs knew not how to levy their hundred courts in his county , postquam concessimus omnibus regni nostri libertates contentas in cartis nostris , quas inde fecimus , dum fuimus infra aetatem . nos eandem cartam nuper legi fecimus in praesentia domini cantuariensis , & majoris , & sanioris partis omnium episcoporum , comitum et baronum totius regni nostri . to the end that they might expound and resolve the chapter thereof , how the county courts and sherifs turns should be kept , which is fully explained and resolved in this record by their advice . rot. claus . . h. . m. . , . there are sundry writs for reading and observing the great charter in westmerland , and other counties , upon the barons mo●ions , who were carefull of its inviolable observation . in the year . * on the of feb. convenerunt ad colloquium apud westmonasterium rex cum praelatis et aliis magnatibus regni ; ubi exegit rex scutagium de quolibet scuto tres marcas , ab omnibus qui baronias tenebant , tam laicis quam praelatis . cui ricardus cantuariensis , & quidam episcopi cum eo audacter resistentes , dixerunt ; quod non tenentur viri ecclesiastici judicio subjici laicorum , cum absque illis concestum fuit scutagium in partibus transmarinis . tandem vero post multas tunc inde desceptiones negotium quantum ad praelatos reclamantes pertinebat , ad dies post pascha dilationem accepit . anno . * convenerunt nonas martii ad colloquium apud westmonasterium , ad vocationem regis magnates angliae , tam laici quam praelati : quibus rex proposuit , quod magnis esset debitis implicatus , causa bellicae expeditionis , quam nuper egerat in partibus transmarinis , unde necessitate compulsus , ab omnibus generaliter auxilium postulavit . quo audito , comes cestriae ranulphus , pro magnatibus regni loquens , respondit : quod comites , barones , 〈◊〉 milites , qui de eo tenebant in capite , cum ipso erant ibi cotporaliter praesentes , & pecuniam suam ita inaniter effuderunt , quod inde omnes pauperes recesserunt : unde regi de jure auxilium non debebant . et sic petita licentia , laici omnes recesserunt . praelati vero regi respondentes dixerunt , quod episcopi multi & abbates qui vocati erant non fuerunt praesentes , & sic petierunt inducias , quousque ad diem certum possent omnes pariter convenire . praefixa est itaque dies , a quindecim diebus post pascha , ut omnibus congregatis tunc fieret quod esset de jure faciendum . both lords and prelates denying the aid demanded against right , or to doe ought when their house was not full , and many prelates and members absent . * anno . the of henry the . the king immediately after the feast of the nativity , misit per omnes fines angliae scripta regalia , praecipiens omnibus ad regnum angliae spectantibus , viz. archiepiscopis , espiscopis , abbatibus et prioribus installatis , comitibus & baronibus , ( without any knights , citizens or burgesses , not here mentioned ) ut omnes sine omissione in octavis epiphaniae londoniis convenirent , regia negotia tractaturi totum regnum contingentia . quod audientes magnates , regiis praeceptis continuò paruerunt , credentes se vel imperialia vel alia ardua negotia provisuros . venit igitur die sancti hillarii londonias infinita nobilium multitudo , scilicet , regni totalis universitas . when they were all assembled and sate in the kings palace at westminster , william kaele , in the kings name and behalf , demanded an ayde of money of them to supply his wants , to be put into the hands of such treasurers as they should appoint , to be disbursed only upon the necessary affairs of the realm : which speech they hearing , expecting no such thing , were much offended , and murmuring at it , indignantes responderunt , ( and have wee not much more cause to doe and say so now ? ) se undique & saepe , nunc vicesima , nunc tricesima , nunc quinquagesima gravari promittendo et persolvendo : asserentes , indignum nimis fore & injuriosum , permittere regem &c. ut à naturalibus hominibus suis , quasi à servis ultimae conditionis , in detrimentum eorum , et alienorum juvamen , tantam pecuniam , tot toties , extorqueret argumentis . quod saepius gravati , videbant alienigenos suis bonis saginati statumque regni prae paupertate vacillare , et multiplex periculum imminere . comes vero cornubiae richardus , frater regis , primus movit quaestionum adversus regem , increpans eum acritor super tanta regni per eum nata desolatione : et quod de die in diem adiuventis novis causis cavillatoriis , nobiles ac naturales barones suos , suis bonis spoliavit et quaecunque poterit obradere , inconsultè hostibus regni distribuit , ipsi regi & regno insidiantibus . quod ipse infinitos proventus et innumerabilem pecuniam in suo tempore colligerat , nec erat in anglia archiepiscopatus vel episcopatus praeter eboracensem , bathoniensem et wintoniensem , qui non vacaverit suo tempore . similiter intulit de abbatibus et comitatibus et baroniis custodiis & aliis esca●tis : nec tamen thesaurus regius , qui deberet esse regni robur et confidentia senserat incrementum . quod cum rex audisset , cupiens murmur hoc sedare generale , pollicebatur sub jurejurando , se nunquam amplius nobiles regni injurando lacessere , vel molestare , dummodo sibi ad praesens tricesima pars mobilium angliae benignè concessa , solveretur , &c. rex vero suorum cupiens baronum sibi gratiam conciliare , se ex tunc et deinceps , quicquid factum fuerat antea , dedit se consiliis fidelium ac naturalium hominum suorum . praeterea , de hoc quod dicebatur , quod conabatur ea quae concesserat et chartis confirmaverat , per autenticum summi pontificis infirmare : dicebat rex , hoc falsum esse , et si tale quod forte fuerat suggestum , in irritum affirmavit , seque talia penitus revocare . praeterea , sereno vultu , & spontanea promisit voluntate , libertates magnae chartae suis fidelibus regni sui ex tunc inviolabiliter observare . et quia videbatur non penitus immunis à sententia quam tulerat arehiepiscopus stephanus , cum omnibus episcopis angliae in omnes violatores praedictae chartae , quàm malo consilio fretus , in parte laeserat ; fecit in publico innovare sententiam praetaxatam , in omnes ejusdem chartae contradictores : sic , ut si ille , per aliquem conceptum rancorem fortè eam non observaret , in latam sententiam gravius recidivaret . unde factum est , ut omnium corda haec audientium sibi mirabiliter in verbo illo conciliavit . whereupon , post multas desceptationes , quia se rex humilians promisit indubitanter , se eorum ex tunc et deinceps standum consiliis , they granted him a th part of their movables upon certain limitations and conditions , to be put into such persons hands , and disbursed only as they there prescribed ; which yet were not observed . * in the . year of henry the d. in the octaves of epiphany , the archbishops and bishops , cum multis aliis magnatibus , assembled at london , the popes legat being also present , reponentes querimoniam coram rege & curia sua , super variis injuriis et oppressionibus , et quotidianis desolationibus illaris ecclesiae per iniquum regis consilium , contra suas chartas & iuramenta temere veniendo , &c. super quibus injuriis illatis , et diatim multiplicatis , omnes se asserunt vehementer admirari , cum ipse rex toties juraverit , se jura ecclesiastica illibata conservare , ipsomet audiente & candelam tenente , quod omnes episcopi in violatores libertatum ecclesiasticorum , simul sententiam fulminabant ; in cujus sententiae consummatione , rex , ut alii , suam candelam extinxit inclinando . et erant contra regem in querimoniis episcoporum capitula circiter . et eatenus processum est , quod lata sit iterum sententia terribiliter nimis in omnes regis consiliarios , qui ejus animum ad praedicta enormia conabantur inclinare . * anno . the of king henry the d. totius angliae nobilitas tam praelatorum quam comitum & baronum secundum regium praeceptum , est londini congregatum : et quia audiverant ▪ quod rex eos tam instanter convocaverat , et toties eo modo cavillatorie fatigavera● , conjurando , et sub poena anathematis firmiter inter se statuerunt , ne aliquis in concilio extorsioni pecuniari regi faciendae aliquo modo consentiret , &c. igitur regi cordis sui propositum irrevocabile in propatulo exponenti de transitu suo , et vocatione comitis de marchia , et argumentose auxilium pecuniare postulanti ; responderunt magnates cum magna cordis amaritudine ; quod talia conceperat inconsultus , et talia effrons impudenter postularat , exagitans et depauperans fideles suos tam frequenter , trahens exactiones in consequentiam quasi a servis ultimae conditionis , et tantam pecuniam tories extorsit inutiliter dispergendam . contradixerunt igitur regi in faciem , nolentes amplius sic pecunia sua frustratorie spoliari , rex igitur , romanorum usus versutis fallaciis , jussit ut in crastino expectarent , voluntatem suam super hoc et aliis audituri . et in crastino , vocavit in secretam cameram suam singulatim , nunc hunc , nunc illum , more sacerdotis poenitentes vocantis ad consessionem . et sic , quos non potuit universos , singulos singulatim enervatos suis sermocinationibus conabatur astutius enervare : petensque ab eis auxilium pecuniare , ait : ecce , quid concessit ille abbas mihi in subsidium : ecce quid alius , & protendens rotulum , in quo scriptum monstravit , quid ille vel abbas vel prior , tantum vel tantum promisit se daturum : cum tamen nullus eorum assensum praebuisset , vel ad notitiam cordis , devenisset : talibus igitur falsis exemplaribus , & verborum retiaculis , quamplurimos rex cautius intricavit . multi tamen steterunt , nullo modo volentes recedere a communi responsione prout conjuraverant . quibus rex in ira respondet , erone perjurus ? juravi sacramento intransgressibili , quod transfretans jura mea in brachio extento a rege francorum reposcam , quod sine copioso thesauro , qui a vestra liberalitate procedere habet , nequaquam valeo . nec tamen his vel aliis verbis potuit aliquos muscipelare , quamvis , ut praedictum est , seorstm quemlibet per se conveniendum vocavit . iterum , autem vocavit aliquot simul sibi familiariores , & affatus eos , ait : quid perniciosum exemplum aliis praebetis ? vos qui comites et barones et strenui milites estis , non deberetis , et si alii timeant , scilicet praelati ecclesiae , trepidare , avidiores caeteris esse deberetis jura regni reposcere , et contra injuriantes martia certamina potenter experiri . nostram partem solidare et consolari tenetur jus nostrum quod habemus , magnatum vocatio cum certa promissione , exemplum de wallia , quod solet praeterita futuris prospere continuare , ubi nuper foeliciter triumphavimus . et qua fronte poteritis me dominum vestrum , ad tam arduum negotium reipublicae procinctum , relinquere pauperem & desolatum , cum tenear promissa de transitu meo adimplere , jurejurando strictius obligatus ? et cum ad notitiam universitatis perveniret , responderunt : supra id quod dici potest admiramur , in qua abyssum submersae sunt innumerabiles pecuniae , quas a diversis magnatum custodiis , variis escaetis , crebris extorsionibus , tam ab ecclesiiis pastore viduatis , quam nobilium terris , praeconsis donativis , stuporem in cordibus audientium generantibus , domine rex emunxisti , quae nunquam regno vel modicum contulerunt incrementum . praeterea , nuper legatos quosdam , vel legatorum fungentes officiis , in hoc regnum advocasti , qui quasi racemos post vindemiantea sibi reliquias residuae pecuniae colligerunt . caeterum , nimis admirantur magnates angliae universi , quod sine eorum consilio & assensu eam arduum tam periculosum negotium es aggressus , fidem adhibens fidem carentibus . spretoque naturalium tuorum favore , exponis te tam ancipitis fortunae casibus . treugarum foedus , inter regem francorum & tu in anima tua captarum et juratarum , indissolubiliter et inviolabiliter usque ad terminum observandarum , quem ex parte tua praefixerant praeclari viri comes richardus frater tuus , & comes r. bigod , inhoneste & impudenter , non sine periculo animae tuae , & famae laesione disrumpis . adhibuistis praesentiam tui corporis notabilibus ipsis magnatibus ultra marinis , contra dominum suum , regem videlicet francorum , calcaneum levantibus eo ipso nulla fides est adhibenda , u●pote de multiplici proditione notabilibus . his rex auditis , in iram excanduit vehementem , jurans cum sanctorum artestatione , quod nullo revocaretur terrore , nullis verborum ambagibus circumventus , ab incoepto proposito retardaretur , quin in octavis paschae naves ascendens , fortunam belli in partibus transmarinis contra francos imperterritus experiretur . et sic solutum est concilium , utrobique reposita , vel occulta mentis indignatione . postea vero , ne oblivio tenorem responsionis baronum deleret , in scriptum taliter haec redacta . cum dominus eboracensis archiepiscopus , et omnes episcopi angliae , abbates & priores per se , vel per procuratores suos , necnon & omnes comites , & fere omnes barones angliae , ad mandatum domini regis convenissent apud westmonasterium die martis proxima ante purificationem beatae mariae , anno dom. . regni henrici . regis . audituri domini regis voluntatem et negocium , pro quo ipsos mandaverat . et idem dominus , rex transmittens ad eosdem dictum dominum eboracensem , et nobilem virum dominum comitem richarduum , et dominum w. de eboraco , praepositum de beverlaco , super voluntate domini regis in negociis suis , scilicet eisdem expositis per eosdem solennes nuncios ; omnes magnates de regno suo rogasset de consilio ei dando , et auxilio faciendo , ad haereditatem suam & jura sua perquirenda , in partibus transmirinis , quae spectabant ad regnum suum angliae : tandem , dicti episcopi , abbates & priores , comites & barones , magno inter eos tractatu praehabito , inprimis domino regi per praedictos magnates dederunt consilium , videlicet . quod dominus ipse rex expectaret finem treugarum inter eum et regem franciae initarum . et si forte idem rex franciae contra formam earundem treugarum aliquas fecisset interprisas , tunc dictus rex angliae mitteret ad eum solennes nuncios , ad rogandum , monendum et inducendum ipsum regem franciae , ut treugas initas teneret , et interprisas emendaret , si quae per ipsum , vel per suos factae essent . quod si rex franciae , facere contradiceret , libenter ad hoc consilium apponerent , pro posse suo de auxiliis ei dando . omnes ita unanimiter responderunt . similiter , postquam fuerat dominus eorum , multo●ies ad instantiam suam ei auxilium dederunt , videlicet , tertiam decimam mobilium suorum , et postea quintam decimam , et sextam decimam , et quadragesimam , carucagium , hydagium et plura scutagia , et postea unum magnum scutagium ad sororem suam imperatricem maritandam . postea vero nondum quatuor annis elapsis , petit ab eis iterum auxilium , et tandem cum magna precum instantia obtinuit tricessimam , quam ei concesserunt , tali scilicet conditione , quodilla exactio , vel aliae precedentes , amplius non traherentur in consequentiam . et inde fecit eis chartam suam . et praeterea concessi● eis tun ▪ quod omnes libertates contentae in magna charta , ex tunc in antea plenius tenerentur per totum regnum suum & inde fecit eis quandam parvam chartam suam , quam adhunc habent , in qua eaedem continentur . praeterea dominus rex concessit eis de voluntate sua , et de consilio torius barnagii sui , quod tota p●cunia ex dicta tricesima proveniens , salva deponeretur in castris domini regis sub custodia quatuor magnatum angliae , scilicet comitis warranniae ▪ et aliorum , per quorum visum et consilium pecunia illa expenderetur ad dicti regis & regni utilitatem , cum necesse esset . et quia barnagium nescit , nec aud● it quod de dicta pecunia per visum vel consilium alicujus quatuor magnatum praedictorum aliquid expendatur , credunt firmiter , & bene intelligunt , quod dominus rex adhuc totam habet illam pecuniam integram , de qua nunc potest magnum habere auxilium . praeteria bene sciunt , quod post tempus illud tot habuit escaetas , scilicet archiepiscopatum cantuariensem , & plures episcopatus angliae ditiores , & terras comitum & baronum , & militium de eo tenentium defunctorum , quod solummodo de illis escaetis debet ipse habere grandem pecuniae summam , si bene custodiatur . praeterea a tempore dictae tricessimae datae non cessaverant justitiarii itinerantes , itinerare per omnes partes angliae , tam de placitis forestae , quam de omnibus aliis placitis , ita quod omnes comitatus angliae , & omnia hundreda , civitates & burgi , & fere omnes villae graviter amerciantur . unde solummodo de illo itinere , habet dominus rex , vel habere debuit , maximam summam pecuniae , si persolvatur , & bene colligatur . unde bene dicunt , quod per illa amerciamenta , & per alia auxilia prius data , omnes de regno ita gravan●ur & depauperantur , quod parum aut nihil habent in bonis , ( and may not we now more truly say so , after so many years uncessant importable taxes , excizes , impositions , contributions , exactions of all kinds , without any interruption , in far greater proportions than these amount to , and all sequestrations , sales of delinquents , and others estates , not known in that age ) et quia dominus rex , nunquam post tricessimam datam ( nor our present rulers after all their protestations , declarations , remonstrances , votes , leagues and covenants to preserve our laws , liberties , properties , great charters , and the petition of right , and all our contributions , excises , loans or publike faith , &c. ) cartam suam de libertatibus tenuit , imo plus solito postea gravavit ( as now ) & per aliam cartam eis concer●am , quod exactiones hujusmodi non traherentur in consequentiam ; responderunt eidem domino regi praecise . quod nullum ad praesens ei facerent auxilium . a fit answer for all our nobles and commons in this age , " after so many years taxes , imposts , excises , far heavier than any complained of in that age . veruntamen quia dominus eorum est , sic se gerere poterit erga eos usque ad finem dictarum treugarum , quod tunc bonum apponent consilium pro posse suo . et cum dicti magnates nuncii , ipso domino regi nunciassent responsum , redeuntes ad barnagium , dixerunt , quod in parte sufficiens domino regi dederunt responsum . i have transcribed these memorable passages of this parliament out of matthew paris thus largely in his own words , for sundry reasons pertinent to my theam . . to prove , that the archbishops , bishops , abbots , peers , earls , barons lords , were the only members of this , all the former , and most other succeeding parliaments in henry the his reign , this historian , ( who is most exact ) making mention of them only , both in the summons to their debates in parliament , and this their remonstrance in parliament , even in this case of ayds demanded , and not of any knights , citizens , or burgesses elected by the people , of which there is not one syllable . . to manifest , that the earls , lords , and barons of the realm , have most unanimously , resolutely , magnanimously opposed our kings in parliaments in their unjust designs , and in ayds , taxes demanded , and earnestly begged , importuned from them without any effect , resisting our kings therin to their faces , and withstanding all their wiles , pollicies , king-crafts , and private sollicitations perswasions to enervate their resolutions , and lay unnecessary burthens on the people , which some other subsequent presidents will further ratifie . . that they were the granters of all publike ayds to the king , which they granted very rarely , and that upon extraordinary pressing occasions , especially in case of forrain wars , though to recover the antient rights and dominions of the crown , and that in very small moderate proportions , with special provisoes , how they should be imployed , and that they should not be hereafter drawn into consequence , which other presidents will further evidence . . that they were very vigilant , active , zealous in complaning against , examining all violations of the great charters of their liberties by the king and his officers : and reconfirming them by new promulgations , oaths proclamations , excommunications , refusing to grant any ayds till this were effectually done , or promised by our kings : which the subsequent examples will further clear . . that no wars ought to be made nor truces violated but by their council and advice : and that they deemed truces sworn even to forain enemies most sacred , indissoluble , inviolable , and the violation of them most dishonest , impudent , perilous to souls , and hurtfull to the reputation even of kings themselves : much more then must oaths , leagues , and solemn sworn covenants of subjects to their natural kings , and kings to their subjects be inviolable , indissoluble , and the violation of them most dishonest , shamefull , perfidious , perillous , hurtful to mens souls and reputations ; and that no faith or trust is to be given to perfidious traitors , nobles , against their natural king. anno dom. . king henry being wholly counselled by foreiners , marying the nobles of the realm to them , neglecting his natural subjects , & misgoverning the realm ; thereupon earl richard his brother , and the rest of the nobles publikely reprehended and opposed him . which mat. paris thus relates . comes richardus cum hoc audisset matrimonium clandestinum , eo scilicet nesciente , vel assensu magnatum terrae non interveniente , firmatum fuisse , nimia ira succensus meritò , praesertim cum rex saepius perjurasset , si se nil arduum facturum , nisi de consilio naturalium hominum suorum , & praecipueipsius . insurgens igitur regem aggreditur verbis commonitoriis , et comminatoriis , gravem movens adversus regem quaestionem et calumniam , eo quod utens consiliis alienigenarum quos amovere penitus perjuraverat , etiam ardua negotiae regni perperam tractaverat , et simonem de monte forti , et i. comitem lincolniensem aliis a latere suo amotis , non tantum audierat , sed contra nobilium conniventiam matrimonia subdola procuraverant . simon , ut praedictum est , illicite inter eum et comitissam pembreciae sororem suam , et johannes comes lincolniensis inter filium comitis boloniae , scilicet richardum de clare , et filiam ejusdem comttis i. rege subducto procuraverant . insurgenti autem illi comiti richardo , adduntur comes gilbertus marescallus , et omnes comites et barones angliae , cum civibus et populo generaliter . et sperabatur certissime tunc quod ipse comes richardus esset et liberaturus terram , tam à romanorum quam aliorum alienigenarum misera qua premebatur , servitute , et omnes a puero usque ad hominem senem crebras in ipsum benedictiones congesserunt , nec adhesit aliquis regi , nisi solus comes canciae h. de quo non timebatur , quod ideo quid sinistri possit evenire , tum quia se juraverat nunquam arma gestaturum , tum propter discretionem suam , multis experimentis examinatam . quod comperiens rex animo et vultu nimis consternatus , nobilium terrae singulos per nuncios suos interogavit diligenter , sciscitando , si in hunc vel illum in hac jam exorta tempestate possit de adjutorio confidere ? cui responderunt universi , praecipue cives londinenses , asserendo universaliter quod honore suo , et commodo regni procuratum est circumspecte , quod incipiebatur ab ipso comite r. licet ipse rex salubri consilio ejus non acquiesceret , unde incoepta nullo modo impedirent . haec comperiens legatus , summam adhibuit , imminere videns pericula diligentiam , ut regem suis naturalibus hominibus reconciliaret , secreto admonens comitem r. & replicans , quod ipse qui capitaneus hujus impetus factus est . deinceps ab incoepto desisteret , promittens regem ei ampliores possessiones collaturam , et dominum papam collatas confirmaturum ; addens quod si omnes terrae in regem insurgerent , ipse , qui frater ejus cum eo contra omnes stare haberet indefessus . ad quod respondit comes r. domine legatae , de terris laicorum et earum confirmationibus nil ad vos derebus autem ecclesiasticis curam geratis . nec miremini , si status regni moveat me , cum sim haeres solus apparens . rex enim cum fere omnium episcopatuum terrae , et multarum escaetarum custodias habuit , nullum tamen thesaurus ejus sentit ad regni tuitiones incrementum , cum tamen undique variis vallemur i●imicis . praeterea admirantur nonnulli , quod rex qui maxime auxilio et discretione indiget , discretorum vestigia non sectatur . non imperatoris , cui sororem nostram , cum magna pecunia dedimus , sperantes id nobis profuturum , qui sola sua conjuge retenta , duces illius nobis remisit , nulli corum terras vel thesaurum conferens , cum tamen abundaret locuples & opulentus . de rege autem francorum simile potest exemplum recitari , cui soror reginae nostrae matrimonio primogenita copulatur . rex autem noster angliae e converso omnes uxoris suae affines , et consanguineos , terris , possessionibus et thesauris saginavit , et sic se maritavit , ut ne thesauro plus ditaretur , imo potius pr●●aretur , ne militari auxilio , si opus emerge et , roboraretur . praeterea , redditus et beneficia ecclesiastica , a piis prdecessoribus nostris nostris collata , precipue quae contulerunt antecessores nostri viris religiosis ; permittit , quasi spolia di●ipi , et alienigenis , cum abundet ipsa terra viris idoneis distribui , et fit anglia quasi vinia sine maceria , quam vindemiant omnes qui praetergrediuntur viam . cum autem audisset legatus hos sermones , regem adiit , una cum episcopo wintoniensi p. monens et muniens , ut se ex tunc voluntati suorum , juste in eum insurgentium subderet , et obtemperaret , nunc minis , nunc monitis , nunc precibus eundem reformantes . rex videns impetus suos favoribus caruisse , et omnes fatri suo comiti r. in●linantes , quaesivit quae potuit diverticula , inducias deliberandi postulando , ut competentius responderet . indueiae igitur ad instantiam petentium concessae sunt regi , licet cum difficultate , usque in crastinum dominicae primae quadragessimae . convenerunt igitur magnates die statuto londini , super his diligenter tractaturi . et venerunt multi aequis et armis communiti , ut si rex circumventus per levitatem recalcitraret ad praemissa complenda cogeretur . ibi igitur post multas multorum deceptationes , se subjecit rex quorundam provisioni de gravioribus viris , jurans se eorum provisionis adquiescere . quod et factum est , et in scripta redactum , et appensa sunt tam legati quam aliorum magnatum sigilla , omnibus in communi manifestanda . so in the parliament held by king henry , anno , and . the archbishops , bishops , priors , earls , barons and gentlemen assembled to it , in like manner boldly and joyntly reprehended the king for favouring aliens , wasting his money upon them , following their advice , and oppressing , neglecting , impoverishing , exhausting , his natural subjects , as you may read at large in mat. paris , p. , , , . overlarge to transcribe . * the same year the king rashly commanded that wil. de ros , ( who deserted him in his wars in france , out of meer want of monies , offering to pawn his lands to the king , if he would supply his necessities , which he refused to doe ) de terris fuis licet sine judicio parium suorum disseiseretur . quod videbatur cunctis injustum et tyrannum . whereupon he was sharply reprehended by his brother earl richard ; who with other nobles left him in discontent upon this occasion , and returned into england . * king henry the . anno . the year of his reign , summoned a parliament of the nobles at london , thus recorded by matthew paris . convenerunt regia submonitione convocati londinum magnates totius regni , archiepiscopi , episcopi , abbates , priores , comites & barones : in quo concilio petiit rex ore proprio , in praesentia magnatum in refectorio westmonasteriensi auxilium sibi fieri pecuniare , sub silentio praeteriens propositum suum de rege scotiae potentur impugnando . in propatulo tamen manifestans , quod anno transacto transfretaverat in gasconiam de consilio eorum , ut dicebat , ubi tenebatur aeris alieni non modica quantitate , nec potuit nisi efficacissimè sibi ab illis generaliter subveniretur , liberari . cui fuit responsum , quod super hoc tractarent recedentesque magnates de refectorio , ●onvenerunt archiepiscopi & episcopi , abbate , & priores seorsum per se , super hoc diligenter tractaturi . tandem requisiti fuerunt ex parte eorum comites & barones , si velient suis consiliis unanimiter consentire in responsione & provisione super his facienda . qui responderunt , quod sine communi universitate nihil facerent . tunc de communi assensu electi fuerunt ex parte cleri , electus cantuariensis , wintoniensis , lincolniensis , & wigorniensis episcopi , ex parte laicorum , richardus comes , frater domini regis comes bigod , comes legriae simon de montefor●i , & comes mareschallus w. ex partibus baronum , richardus de muntsichet , & johannes de bailliol , & de sancto edmundo , et de ramesia abbates , ut quod isti duodecim providerent in commune recitaretur , nec aliqua forma domino regi ostendaretur auctoritate duodecim , nisi omnium communis assensus interveneret , et quia charta libertatum , quas dominus rex olim concesserat , & pro cujus conservatione archiepiscopus cantuariensis edmundus juraverat , fide jusserat & certissime pro rege promiserat , nondum extitit observata , & auxilia quae toties concessa fuerunt domino regi ad nullum profectum regis vel regni devenerant . et per defectum cancellarii brevia contra justitiam pluries fuerunt concessa , petitum fuit , & secundum quod eligerent , justiciarius & cancellarius fierent , per quod statum regni solidaretur , ut solebat . et ne per compulsionem concilii aliquod novum statuere videretur , noluit ( rex ) petitioni magnatum consentire ; sed promisit , se ●mendaturum quae ex eorum parte audierat , unde datus fuit terminus eis usque in tres septimanas purificationis beatae virginis , ut ibidem iterum tunc eonvenireot . quod si mera voluntate rex interim tales consiliarios eligeret , & taliter jura regni tractaret , quod magnates contenti essent ad terminum illum super auxilio faciendo , responsuri providerent , ita tamen quod si aliqua pecunia eidem concederetur , per dictos duodecim expenderetur ad commodum regni . et cum per plures dies protraheret eos dominus rex , volens eos quasi tedio affectos flectere ad consensum , ut sine termini prorogatione ad auxilium contribuendum consentirent , multipliciter convenit eos nec circumvenit , quia magnates hoc prudenter perpendentes immobiliter in proposito perstiterunt . tunc dominus rex demum sperans sal●m clerum ad desiderium suum inclinare , convocatis praelatis , porrexit illis papales apices in publico , ( recorded at large by matthew paris ) commanding and perswading the prelates , abbots and clergy to supply the kings necessities , and grant him an aid , with particular letters to all the prelates from the pope to the like effect . the prelates notwithstanding all the kings private sollicitations and policies , refused to return any answer to the popes letters , till the time of the lords reassembling or to do any thing but by common counsel and consent of the whole parliament , from which they would not be divided , as you may there read at large . the nobles and great men meeting again at the time prefixed agree on these ensuing provisoes , after long debate , which they tendred to the king for his assent , denying to grant him any aid of mony , unless he consented to them . de libertatibus alia vice emptis , concessis , & per chartam domini regis confirmatis , quod de caetero observentur . ad cujus rei majorem securitatem , fiat nova charta quae super haec specialem faciet mentionem . et ab omnibus praelatis solenniter excommunicentur , qui scienter & prudenter libertates a domino rege concessas , vel impugnare vel impedire , quo minus observentur , praesumpserint , & reformetur status eorum , qui post ultimam concessionem in libertatibus suis laesionem incurrerunt . et quia propter virtutem sacramenti praestiti , nec non propter timorem sententiae latae a sancto viro edmundo , quod ea vice promissum fuerat , hactenus non exstitit observatum , ne hujusmodi periculum de caetero eveniat , & sic fiant novissima pejora prioribus de communi assensu quatuor eligantur potentes et nobiles de discretioribus totius regni , qui sint de concilio domini regis , et jurati , quod negotia domini regis et regni fidelitur tractabunt , et sine acceptione personarum , omnibus justitiam exhibebunt . hi sequentur dominum regem , & si non omnes , semper duo eorum ad minus praesentes sint , ut audiant querimonias singulorum , ut patientibus injuriam celeriter possint subvenire . per visum & testimonium eorum tractetur thesaurus domini regis , & pecunia ab universis specialiter concessa , et ad commodum regis et regni expendatur , secundum quod melius et utilius viderint expedire , et erunt libertatum conservatores . et sicut de omnium assensu eliguntur ; sic etiam sine communi assensu non poterit aliquis eorum amoveri , aut suo officio privari . vno etiam sublato è medi● , de assensu et electione trium , loco illius alius substituatur infra duos menses . nec sine ipsis , sed cum necesse fuerit , et ad eorum instantiam , iterum conveniant universi . brevia contra regem & consuceudinem regni impetrata , penitus revocentur et aboleantur . memorandum quoque de sententia ferenda in contradictores . item , de obligatione sacramenti in invicem . item , de itinere justiciariorum , justitiarius & cancellarius ab omnibus elegantur . et quia frequenter debent esse cum domino rege , poterint esse de numero conservatorum . et si aliqua interveniente occasione dominus rex abstulerit sigillum suum à cancellario , quicquid fuerit interim sigillatum , irritum habeatur et inane . deinde cancellario fiat restitutio . nullus substituatur cancellarius , vel justitiarius , nisi solummodo per solennem et universalem omnem convocationem , et liberum assensum . duo justiciarii eligantur in banco . duo itidem barones in scaccario constituantur . unus quoque ad minus justiciarius judaeorum deputatur . hac vice autem per communem universalem liberamque omnium electionem fiant et constituantur omnes officiarii praedicti : ut quemadmodum omnium negotia sunt tractaturi , sic etiam in eorum electione concurrat assensus singulorum . et postmodum cum necesse fuerit alius loco alicujus ipsorum praedictorum substitui aut subrogari , per provisionem et auctoritatem quatuor illorum consiliatorum praedictorum fiat illa substitutio vel subrogatio . hactenus suspecti , aut minus necessarii à latere domini regis amoveantur . et dum hujusmodi negotia utilia nimis reipublicae in spacio trium hebdomadarum diligenter pertractassent magnates , hostis humani generis , pacis perturbator , et schismatum suscitator diabolus , haec omnia per papalem avaritiam impedivit , &c. postea renovata fuit petitio domini regis , super auxilio pecuniari sibi faciendo . circa quod de die in diem convenit eos dominus rex , tum in propria persona , tum per internuncios solennes ; per quos promisit , se libertates quas juraverat in coronatione sua , super quibus chartam confecerat integerrime servaturum . ad quorum etiam tuitionem , rogavit ut singuli episcopi in diocaesibus suis sententiam fer●ent in ipsum , et omnes qui contra memoratas libertates venirent in aliquo articulo . tandem unanimiter , cum nullo modo ad alium formam possent flecti , concesserunt domino regi ad maritandam filiam suam primogenitam , de omnibus qui tenent de domino rege in capite , de singulis scutis viginti solidos solvendos , scilicet , medietatem ad pascha , et aliam ad festum s. michaelis . et cum relatum esset domino regi , ut ad memoriam haec quam praeterita reduceret , recordatum est ei , quod similia à suis fidelibus , quos fovere debuit , non depauperare truculenter et sine solutione promissorum , eisdem extorserat . post captionem bedefordiae statim concessum est carucagium , de tota anglia , scilicet , de qualibet caruca duo solidi anno sequenti , quintadecima omnium mobilium . iterum , iturus in britanniam cepit non modicam pecuniam à praelatis etiam & viris religiosis , burgensibus & judaeis . post reditum suum de britannia , cepit scutagium , scilicet de scuto tres marcas . item postea concessa fuit quadragesima pars omnium mobilium . item postea trigesima pars omnium mobilium . item quando maritavit sororem suam isabellam domino imperatori frederico , cepit dominus rex ad maritagium suum carucagium , videlicet , de qualibet caruca duas marcas . in nativitate autem filii sui , in magnum dedecus sui , multa munera quae ad magnam summam pecuniae ascenderunt , violenter & impudenter extorsit . item iturus in gasconiam , cepit à praelatis , viris religiosis , burgensibus & judaeis , et à quibuscunque potuit aliquid abradere , pecuniam multam , imo penè infinitam . rediens autem à gasconia inglorius & seductus , jussit ut magnates et praelati ipsi occur●erente etiam usque ad mare ; qui ibidem illum diu expectantes frustra , tandem ipsum in muneribus multis et impreciabilibus exceperunt . similiter et cives londinenses & alii . et qui munera nobilia compertus est non contulisse , aliquo argumento redargutus , damnificabatur . qualiter autem pro hac praesenti contributione et omnibus aliis promissa et pacta adimplebat rex , noverit ille qui nihil ignorat . thus bold , resolute , plain dealing were the earls and barons with the king in this parliament ; all whose ayds and exactions here enumerated in . years space , are not comparable to one years excises , imposts , contributions , under the pretended new conservators , protectors of our liberties , and deliverers of us from our former petty taxes of shipmony and knighthood , scarce amounting to one moneths contribution . * the same year ( . ) in crastino omnium animarum , convenientes magnates angliae , rex cum instantissimè ne dicam impudentissimè , auxilium pecuniare ab eis , iterum postularet , toties lasi et illusi , contradixerunt ei unanimiter et uno ore in facie . proponebat enim dominus rex contra wallenses exercitum ducere represuros , &c. † in the . year of his reign ; in octaxis purificationis , edicto regio convocata totius angliae nobilitas convenit londoniis , ut de regni negociis nimis perturbati , et depauperati , et temporibus nostris enormiter mutilati , diligenter et efficaciter cum domino rege contrectaret , &c. et cum proposuisset dominus rex , pecuniare auxilium postulare , redargutus est graviter super hoc , quod non erubescebat tunc tale juvamen & auxilium exigere : praesertim quia quando in ultima tali exactione , cui nobiles angliae vix consenserunt , confecit chartam suam , quod amplius talem non faceret magnatibus suis injuriam et gravamen . repraehensus est etiam gravissime , super indiscreta alienigenarum vocatione , &c. and for all orher his misdemeanours there specified at large . haec cum audisset dominus rex , confusus in semetipso erubuit , sciens haec omnia esse verissima . promisit ergo verissime ac certissime se haec omnia gratanter emendaturum , sperans per talem humilitatem , licet fictam , omnium corda postulationi suae promptius incurvare . cui inito consilio crebrius in talibus promissis universitas irretita , respondit : hoc videbitur , et infra breve tempus apparebit manifeste : expectabimus patienter , et prout se gerit dominus rex , et se habebit versus nos , et nos ei in omnibus obtemperabimus , dilata igitur sunt omnia et in respectu posita , usque ad quindenam sancti johannis baptistae . sed dominus rex interim vel suo spiritu , vel aulicorum suorum , qui nollent suam enervari potestatem , induratus , & contra suos homines magis exaspetatus , minimum emendationis in praedictis excessibus , fidelibus suis , secundum quod promisi● , curavit impendere . whereupon they would grant him no aid at all . when he could not move the nobles all assembled together ; † the next year he sent begging letters to every one of the nobles apart for ayd , nor as a duty , but meer gratuity to carry on his wars against the king of france , sed nihil ex inde à circumspectis nisi derisum et sibilum suscitavit . * king henry , anno . the . year of his reign , assembled all the prelates to london , and demanded of them a tenth for . years granted him by the pope ; which they refused to grant , taxing him for oppressing his realm and rhe church with various and innumerable exactions , and depriving them of their antient and accustomed liberties and their money against his oath , and primitive protestation : the lords and prelates , after sundry publike and privat discourses and devices then used to draw them to a contribution ( recorded at large in mat. paris ) chiding and telling him to his face ; asserentes ipsum natum tantum ad pecuniam emungendam . soluto igitur cum regis , cleri et magnatum indignatione concilio , rex iram et odium praecordiale thesaurizavit , credens haec omnia sibi facta et dicta in spiritu maligno et exoso , malignandi materiam parturire . about the same time , isabella countess of arundell , coming to the king about a wardship , and he denying to doe her justice therein , though a woman , gave him this manly and bold answer . domine rex ▪ quare avertis faciem tuam à justitia ? jam in curia tua quod justum est , nequit impetrari . medius inter dominum & nos constitueris , sed nec teipsum nec nos sane regis , nec ecclesiam veritus es multipliciter perturbare , quod non tantum in praesentiarum sed multoties est aperta . nobiles insuper regni variis modis vexare non formidas vel erubescis quod cum audisset rex corrugans nares , et subsannans , voce dixit eleva●a : quid est hoc , o domina comitissa ? confecerunt ne magnates angliae chartam , et pepigerunt tecum , ut fieres eorum quia eloquens es , advocata et prolocutrix ? ad quod comitissa licet juvencula , non tamen juveniliter respondit . nequaquam mihi , domine , regni tui primates chartam confecerunt , sed tu chartam quam confecit pater tuus , et tu eam concessisti , & jurasti observare fideliter et irrefragabiliter , et multoties ut eam observares à fidelibus tuis pecuniam de libertatibus observandis eorum extorsisti , sed tu semper eis impudens transgressor extitisti . unde fidei laesor enormis & sacramenti transgressor manifestus esse comprobaris . * ubi libertates angliae toties in scripta redactae , toties concessae , totiesque redemptae ? ego igitur licet mulier , omnesque indigenae et naturales ac fideles tui appellamus contra te , ante tribunal tremendi judicis . et erunt nobis testes coelum & terra , quoniam inique nimis nos tractas insontes , et nos deus ultionum dominus ulciscatur . ad haec rex siluit confusus , quia dictante propria conscientia cognovit , quoniam à tramite veritatis non exorbitavit comitissa ; et ait : nonne postulas gratiam , eo quod mihi cognata sis ? at illa : ex quo mihi quod jus expostulat denegasti , quomodo spem concipiam , ut mihi gratiam facias postulanti ? sed et contra illos ante faciem christi appello , qui te fascinantes et infatuentes , consiliarii tui sunt , et te a via veritatis avertunt , suis tantummodo commodis inhiantes . his autem auditis rex siluit , satis civiliter redargutus ; comitissa autem nec licentiata , nec licentiam postulata , magnis laboribus et sumptibus inaniter factis , ad propria remeavit . anno . the of henry the d. * in quindena paschae mense aprilis tota edicto regio convocata angliae nobilitas convenit londini , de arduis regni negotiis simul cum rege tractaturi . exti●erunt igitur ibidem cum comitibus & baronibus quamplurimis , archiepiscopus cantuariensis , & episcopi angliae fere omnes , &c. et cum de magna regis indigentia , qui postulavit sibi peregrinaturo infinitam exhiberi pecuniam , diu . et inaniter tractassent , et hinc inde nuncios utrobique consensus haberetur , contigit ut ex parte episcoporum & omnium praelatorum , destinarentur archiepiscopus cant : et carliolensis , et sarisburiensis episcopi et electus wintoniensis , ad persuadendum et inducendum regem , ut permitteret , prout saepius solenniter jurando promisit , sanctam ecclesiam suis gaudere libertatibus , maxime de electionibus , in quibus praecipue ecclesiastica constat libertas . nullibi enim cum in ecclesiis cathedralibus vel conventualibus potest aliquis promoveri nisi per regem intrusus , &c. quod si hunc et alios mores , secundum magnae chartae de libertatibus confectae tenorem , emendaret , ipsi usque ad gravamen magnum petitionibus suis inclinarent . quibus rex : verum est , et inde doleo , & poenitet me graviter hoc secisse . instanter igitur procurandum , ut et talia peracta corrigantur ; et amplius similia non perpetrentur . et vos in hoc mihi sitis coadjutores , ne sic promoticum subditis condemnentur , &c. tandem protracto tempore diuturno et multis revolutis disceptationibus , post quindecim et amplius dierum continuationem , in hoc residit omnium unanimus consensus ; ut voluntas regis peregrinaturi et ideo pia , non penitus suo desiderio fraudaretur , nec ecclesiae vel regni status enorme pateretur dettimentum . concessa est igitur regi decima pars proventuum ab ecclesia recipiendo , cum iter hierosolymitanum per visum magnatum arriperet , in viaticum distribuenda , per triennium , in succursum terrae sanctae contra dei inimicos , & a militibus scutagium , illo anno , scilicet ad scutum tres marcae ; et rex bona fide , & sine aliqua cavillatione , * promisit se chartam magnam et omnes ejus articulos fideliter observare : quam tamen a multis retroactis annis , pater ejus rex johannes tenere juravit , & limiliter qui prae●ens est in susceptione coronae , et postea multoties , unde infinitam emunxit pecuniam . tertio igitur die mali , in majori aula regia westm. sub praesentia & assensu domini henrici dei gratia regis angliae illustris , & dominorum r● . comitis cornubiae fratris sui , & ri. comitis norfollkiae & suffollkiae mareschalli angliae , h. comitis her●fordiae , & comitis oxoniae , i. comiris warwiciae , & aliorum optimatum regni angliae ; nos b. divina misericordia cant. archiepiscopus , totius angliae primas , f. londinensis , h. eliensis , r. lincolniensis , w. wigo●niensis , w. norwicensis , p. haerefordiensis , w. sarisberiensis , w. dunelmensis , r. exoniensis , s. carleolensis , w. bathoniensis , l. roffensis , t. menevensis episcopi , pontificalibus indutis , candelis accensis , in transgressores libertarum , & ecclesiasticorum , & libertatum consuetudinem regni angliae , & praecipue earum quae continentur in charta libertatum regni angliae , et charta de foresta , excommunicationis sententiam solenniter tulimus sub hac forma . auctoritate dei omnipotentis , & filii , & spiritus sancti , & gloriosae dei genetricis , semperque virginis mariae , & beatorum apostolorum petri & pauli , omniumque apostolorum , & beati thomae archiepiscopi & martyris , omniumque martyrum , beati edwardi regis angl●ae , omniumque confessorum atque virginum , omniumque sanctorum dei , excommunicamus , anathematizamus , & a limine sanctae matris ecclesiae sequestramus , omnes illos qui amodo s●ien●er , & malitiose ecclesias privaverint vel spoliaverint suo jure . item omnes illos qui ecclesiasticas libertates , vel antiquas regni consuetudines probatas , & praecipue libertates , & liberas consuetudines quae in charta communium libertatum angliae , et de foresta continentur , concessis a domino rege angliae archiepiscopis , episcopis , & caeteris angliae praelatis , comitibus , baronibus , militibus , & libere tenentibus , qualicunque arte vel ingenio temere violaverint , diminuerint , seu immutaverint clam vel palam facto , verbo , vel consilio contra illas , vel earum aliquam , in quocunque articulo temere veniendo . item in illos qui contra illas , vel earum aliquam statuta aliqua ediderint , vel edita servaverint , consuetudines introduxerint , vel servaverint introductas , scriptores statutorum , necnon consiliarios & executores , & qui secundum ea praesumpserint judicare . qui omnes & singuli superius memorati , hanc sententiam incursuros se noverint ipso facto , qui scienter aliquid commiserint de praedictis : qui vero ignoranter nisi commoniti infra quindenam a tempore commonitionis se correxerint , & arbitrio ordinariorum plenius fatisfecerirt de commissis , ex tunc sint hac sententia involuti , eadem etiam sententia innodamus omnes illos , qui pacem regis & regni praesumpserint perturbare . in cujus memoriam sempiternam , nos sigilla nostra praesentibus duximus apponenda . ( how many in this age are involved in this communication and execration , for the wilfull violation of this great charter of our liberties , and making ordinances , declarations , remonstrances , votes , committees , and extrajudicial judicatories , and giving judgements and sententes against it , almost in every article , is worthy consideration . ) when this excommunication was thus pronounced . prolataque fuit in medium charta patris sui johannis , in qua iterum concessit idem mera voluntate , & recitari fecit libertates supradictas , dum autem rex memoratam sententiam audisset , tenuit manum suum ad pectus suum sereno vultu , voluntario et alacri . et cum in fine projecissent candelas extinctas , et fumigantes , diceretur a singulis , sic extinguantur , & foeteant hujus sententiae incursores in inferno , & campanae pulsarent : dixit ipse rex , sic me deus adjuvet , haec omnia observabo fideliter , sicut sum homo , sicut sum christianus , sicut sum miles , & sicut sum rex coronatus et inunctus . et sciendum quod in principio sententiae ferendae , cum traderentu● omnibus candelae accensae , tradita fuit regi una , & cum accepisset eam , noluit eam tenere , sed tradidit cuidam praelatorum , dicens : non decet me candelam talem tenere , non enim sum sacerdos : cor autem majus perhibet testimonium . et extunc tenuit manum expansam ad pectus , donec totam sententiam finiretur . episcopus autem lincolniensis robertus praeconizans in corde suo , & timens ne rex a pactis resiliret , fecit illico , cum redieret in episcopatum suum excommunicari solenniter , in qualibet ecclesia parochiali per diocoesim suam , quae prae numerositate sua vix possunt aestimari , & praecipue sacerdotes omnes supra dictarum chartarum infractores , quae sententia potuit aures audientium tinnire , et corda non mediocriter formidare . in pursuance of this excommunication , the king issued out writs and proclamations to all counties , that all should be excommnicated , qui veniant contra chartas de libertatibus , &c. reciting this excommunication , and other writs and proclamations , issued de magna charta tenenda ad instantiam praelatorum et magnatum regni nostri , † salvis nobis et haeredibus nostris juribus et dignitatibus coronae nostrae , &c. recorded in claus . . h. . m , . & dorso , & pat. . h. . m. . ( but o the atheistical hipocrisie , perfidiousnesse ▪ and falsenesse of mens hearts and protestations ) soluto autem sic concilio , rex confestim pessimo usus confilio , omnia praedicta cogitabat infirmare , ( as some have done , and yet doe ) dictum namque est illi quod non foret rex , vel saltem dominus in anglia , si supradictas tenerentur , et expertus est rex johannis pater ejus , qui mori praeelegit quam sic pessundari calcibus subditorum , &c. anno . the of king henry the . * congregati sunt iterum regni magnates londini : quibus significavit rex , quod pecunia indigebat , & viribus amplioribus ad repellendam violentiam magni hostis supervenientis : quod mandatum fuit fignatum regio sigillo . responderunt au●em omnes & singuli : quod jam per tres septimanas londini inaniter expectantes adventum comitis richardi , & aliquorum magnatum moram protrahentium , & toties regiis exactionibus vexebantur , quod vix poterant respirare . non tamen venire omitterent ad succursum domini sui regis corporaliter , si de hostili adventu regis hispaniae hoc comminantis plenius certi●icarentur : mirabanturque , ut dicebant , quod idem rex castillae nunquam tempore quo comes legrecestriae simon gasconiae praefuit , et reb●lles multos edomuit , gasconiam vendicavit : hoc igitur argumento , et multis aliis , sed et per comitem s. qui tunc de partibus rediit transmarinis , qui veritatem super hoc nunciavit , magnates edocti , regis muscipulas praecaverunt , qui ex bonis angliae p●riclitantes alienigenas saginavit . et sic cum summa indignatione tristes admod●m proceres recesserunt . yet , to please the nobles , i find in * claus . . h. . m. a writ , ne quidem amercientur contra tenorem magnae chartae de libertatibus angliae , sed secundum modum delicti . * anno . the of henry the . in quindena paschae convenerunt londini omnes nobiles angliae , tam viri ecclesiastici , quam seculares , ita quod nunquam tam populosa multitudo ibi antea visa fuerat congregata . ubi dominus rex se multis debitis conquestus est fuisse implicatum , nec se posse sine magnatum suorum efficaci juvamine liberari , unde instanter & urgenter valde postulavit auxilium sibi fieri pecuniare . scilicet ut de baroniis quas prius in auxilio decimae sibi concessae , plenam reciperet portionem , ut ad plenitudinem gratiaram persolvendarum teneretur . quod esset manifestum regni exterminium . regnum enim omne pecunia destitutum , volentibus illud occupari , quasi ulero foret expositum et oblatum . inito igitur consilio , quia illud nullo modo fuisset tollerabile , inter eos concessum est , quod multum sese gravarent pro magnae chartae sine omni cavillatione observatione ex tvnc et deinceps , quam toties tenere promisit , juravit , & sub summa distr●ctione se in anima obligavi . exigebat insuper , ut de communi consilio regni nostri sibi sustitiarium , cancellarium , & thesaurarium eligerent , sicut ab antiquo consuetum et justum . qui etiam non amoverentur , nisi clarescentibus culpis , et de communi regni convocati consilio et deliberatione . tot enim erant in anglia reguli , ut viderentur in anglia antiqua tempora renovari . erat videre dolorem in populo , quia nesciebant praelati vel magnates quo modo suum prothea , scilicet regem tenerent , etiamsi omnia haec concederent , quia in omnibus metas transgreditur veritatis , et ubi nulla veritas , nulla praevalet certitudo fixa stabiliri . d●ctumque est illis a secretissimis regiis cubiculariis , quod nullo modo illa quae desiderabant , scilicet de justiciario , cancellario , vel thesaurario concederet . praelati insuper pro dècima , quam conditionaliter promiserant , absolute et serviliter ancillante ecclesia jam solvere eam cogebantur , doloribus cruentabantur . nobiles pro imminenti exactione , in oneribus sauciabantur . tandem in hoc convenerunt communiter , ut regi renunciaretur , ex parte universitatis , quod negotium dilationem caperet , usque ad festum sancti michaelis , ut et ipsi interim fidelitatem ejus , & benignitatem experirentur , si forte sic se versus eos et eorum patientiam fidelitatem ejus et benignitatem experirentur , si forte sic se versus eos et eorum patientiam in chartae observatione toties promissae , toties redemptae , corda eorum ad ipsa converteret , et merito reclinaret . quod cum rex dicitur non acceptasse , sed tacendo non concessisse , et cum summa desolatione et desperatione , post multas inutiles ▪ et diuturnas deceptationes , sic soluto consilio , nobiles angliae facti jam ignobiles , ad propria remearunt . not long after the king to ingratiate himself with the people , commanded the great charter to be observed . * acclamatum est in comitatibus , et annunciatum est in synodis in ecclesiis , et ubicunque locorum homines convenerant , ut magna charta inviolabiliter teneretur , quam rex johannes concessit , et isto rex praesens multo ies concessit , et lata est sententia solenniter in omnes ejusdem viol●tores , quam tamen rex minime adhuc observans , bona ecclesiae eboracensis inhumane destruxit . * dicebatque creb●ò : quare non observant episcopi & magnates regni erga subjectos suos chartam illam , pro qua tan●um clamitant , et objurgant ( a good interrogation to our late and present swaying grandees ) cui rationabiliter responsum est , dominus rex , decet vos primitus secundum jusjurandum tuum inchoare , et alii prosecto sequerentur , secundum illud poeticum , mobile versatur semper cum principe vulgus . * anno vero sub eodem ad festum sancti edwardi , fuerunt apud westmonasterium omnes fere angliae magnates ; inter quas rex prius alloquebatur fratrem suum comitem cornubiae richardum , petens ab eo instantissime auxilium pecuniare . cui comiti dominus papa similiter literas deprecatorias direxerat , supplicans in quadraginta millibus , salvo fratri suo , mutuo subveniret , ut quasi dans ea eidem , pium daret aliis exemplum subveniendi , comes autem nec preces regis , nec papae voluit exaudire , et eo maxime , quod negotium eundi in apuliam assumpsit sine consilio suo , et assensu baronagii sui , sibilis transalpinensium fascinatus . ab aliis autem interpellatum fuit de subventione facienda ; et responsum fuit , quod omnes tunc temporis non fuerunt juxta tenorem magnae chartae suae , vocati ; er ideo sine paribus suis tunc absentibus nullum voluerunt tunc responsum dare , vel auxilium concedere , vel praestare . rex itaque ad consuetas conversus cavillationes , ut magnates flecteret ad consensum , per multos dies negotium parliamenti distulit inchoati , ita usque in mensem fictis occasionibus negotium protelaret . et tunc ad alium locum conciliaturos , evacuatis in civitate londonensi crumenis , potius provocavit quam convocavit . comes vero richardus , vir cautus et circumspectus , episcopum herefordensem , & robertum walerannum socium suum , acriter et merito redarguit , eo quod tam enormiter in regni subversionem regem infatuarent . et sic infecto negotio singuli provocati ad propria remearunt . in the year of king henry the . ( . ) the great charter , to satisfie the prelates and nobles , was again confirmed by the king , and a solemn excommunication denounced against the infringers therof . * provisum est salubriter , ut magnae chartae regis johannis quas sponte promisit baronagio angliae , et iste rex praesens iterum , & nunc iterum de novo in magna aula westmonasteriensi , sponte et liberaliter concessit , sub paena horribilis anathematis , conserventur , et propter regis tyrannidem , quam non desinit exercere in ecclesiis vacantibus , quam memoratus rex johannes concessit regno , conspectibus papae praesentaretur : there recited at large and ratified by the pope ; yet notwithstanding the prelates , animated by the barons refused to contribute any aid to the king out of their baronies , notwithstanding rustan , the popes legat endeavoured to induce and force them to do it , both by wiles and menaces . * anno . the . of henry the d. his reign ; he summoning a parliament , and demanding a pecuniary ayd of the nobles , cùm constanter et precise respondissent uno ore magnates regni in parliamento regi , cum urgenter auxilium ab eis postulasset pecuniare , quod nec voluerunt , nec potuerunt , ( marke it ) amplius sustinere tales extorsiones . rex iratus , ad alia se convertit astutiae argumenta , ut ab ecclesia pecuniam abraderet infinitam : there recorded at large . duravit adhuc praelibati parliamenti altercatio , inter regem & regni magnates , usque diem dominicam proximam post ascentionem , & multiplicabantur contra regem variae diatim querimoniae , eo quod promissa sua non observabat , contemnens claves ecclesiae , et chartae suae magnae toties redemptae tenorem . fratres quoque suos uterinos intollerabiliter contra jus regni et legem , ut naturales terrae erexit , nec sinebat aliquod br●ve exire de cancellaria contra eos &c. redargu●us est insuper rex , quod omnes alienos promovet et locupletat , et suos in subversionem totius regni , despicet et depraedatur . et ipse tam egenus est cum alii abundent , quod thesauri expers jura regni nequit revocare ; imo nec wallensium , quae sunt hominum quisquiliae , injurias propulsare ; et ut brevibus concludatur ; excessus regis tractatus exigit speciales . rex autem ad se reversus , cum veritatem redargutionis intellexisset , licet sero , humiliavit se , asserens iniquo consilio saepius suisse fascinatum ; promisitque sub magni juramenti obtestatione super altare et feretrum s. edwardi , quod pristinos errores planè et plenè corrigens , suis naturalibus benigne obsecundaret . sed crebras transgressiones praecedentes se penitus incredibilem reddiderunt ; & quia nesciebant adhuc magnates quomodo suum prothea , tenere voluissent , quia arduum erat nego●ium et difficile , dilatum est parliamentum usque ad festum sancti barnabae apud oxoniam diligenter celebrandum . interim optimates angliae , utpote gloverniae , legrecestriae et herefordiae comites , comes marescallus , et alii praeclari viri , sibi praecaventes & providentes , confaederati sunt , quia pedicas et laqueos alienorum vehementer formidabant , et regis retiacula suspecta nimis habuerant , veniebant cum equitibus et armatis , et comitatu copioso communit● . * parlamento autem ( oxoniae ) incipiente solidabatur magnatum et consilium immutabile , exigendo constantissime , ut dominus rex chartam libertatum angliae , quam johannis r●x pater suus anglis confecit , & confectam concessit , quamque idem johannes renere juravit , firmiter tene at et conservet ; quamque idem rex henricus multoties concesserat , et tenere juraverat , ejusque infractores ab omnibus angliae episcopis , in praesentia sua et totius baronagii , horribiliter ●ecit excommunicare , & ipse unus fuerat excommunicantium . exigebant insuper sibi fieri justiciarium , qui justitiam faceret injuriam patientibus , aequanimiter divitibus et pauperibus , quaedam etiam alia regnum contingentia petebant , ad communem regis & regni utilitatem , pacem simul & honestatem . quorum consiliis et provisionibus necessarii● , dominum regem frequenter et constantissime consulendo rogitabant obtemperare ; jurantes fide mediante , et mutuo dextras exhibentes , quod non omitterent propositum persequi , pro pecuniae vel terrarum amissione , vel etiam pro vita et morte sua et suorum . quod rex recognoscens ; graviter juravit consiliis eorum obsecundare , et edwardus filius ejus eodem est juramento astrictus . after which they expelled and chased away all the aliens about the king. " et ita terminatur parliamentum apud " oxoniam , fine terminato et certo non opposito . hereupon there issued out sundry writs and commissions for reformation of abuses and punishing offences against the great charter , recorded in rot. claus . h. . m. . . . and that per consilivm magnatum , as those records attest . rot. pat. an. h. . m. . n. . & n. . there is a large letters patents of the king recorded in french , declaring the good government that should be for the future ; the due observation of magna charta ; the kings faithful promise inviolably to keep the same according to his oath and promises ; and that every man injured might freely sue and complain against or arrest the king , or any other . and rot. pat. an. h. , m. . schedula ; & m. . . there are writs and letters of the king to the sherifs of every county , to the same or like effect . all by the advice or procurement of the nobles . * anno . the . of king henryes reign , the king and nobles , to procure peace and reconciliation between them , submitted themselves to the arbitrement of lewes king of france , touching the provisions made at oxford , about which they had great contests and differences : who solemnly pronounced sentence for the king against the barons of england ; statu●is oxoniae , provisionibus , ordinationibus et obligationibus penitus annullatis , hoc excepto quod antiquae chartae regis iohannis angliae , universitati concessae , per illam sententiam in nullo intendebat penitus derogare . quae quidem exceptio comitem leicestriae , et caeteris qui habeant sensus exercitatos , compulit in proposito tenere firmiter statuta oxoniae quae fundata fuerant super illam chartam . where upon they taking up arms , wasting and pillaging the kings manors , lands and adherents , the king in the . year of his reign , mediantibus viris honoratis paci baronum acquievit ad tempus ; ut provisiones oxoniae inviolabiliter observarentur , which provisions the king confirmed by his patents , recorded at large in the tower , rot. pat. an. h. , pars . m. . n. . and pars . nu . . rot. pat. h. . pars . m. . rot. pat. h. . m. . pat. h. . m. . , . claus . h. . m. . . & claus . h. . m. . dorso . there are several patents , commissions , proclamations procured by the lords from the king , for the reading , proclaming , and inviolable keeping of the great charter and franchises of the realm , and reformation of grievances contrary thereunto , overtedious to transcribe : and the agreements between rhe king and barons touching the same . * king edward the . in the . year of his reign , by his own regal authority , without grant in parliament , raised the custom of woolls to s. upon every sack , which he levied , whereas before they payed onely half a mark a sack : and likewise summoned some nobles , and all those who held of him by knights service , with all others who had lands to the value of l. or upwards a year , to be ready with rheir horses and arms at london on the feast of s peters ad vincula , & to pass over with him into flanders , to serve there in the wars at the kings wages . hereupon the earles marshal and of hereford , with other nobles , refused to goe in●o flanders ; and drew up this notable petition , or rather remonstrance to the king , against this unjust imposition , forein service , and other grievances against the great charter and their liberties , which they sent to winchelsey by messengers , ex parte comitum sui regni , as walsingham relates . haec sunt nocumenta quae archiepiscopi , episcopi , abbates et priores , comites et barones , et tota terrae communitas monstrant domino nostro regi , et humiliter rogant eum , ut ad honorem suum , et salvationem populi sui , velit corrigere et emendare . in primis , videtur toti communitati terrae , quod praemonitio facta eis per breve domini nostri regis , non erat satis sufficiens , quia non exprimebatur certus locus , quo debebant ire , quia secundum locum oportebat facere providentiam , et pecuniam habere . et sive deberent servitium facere sive non , quia dictum est communiter , quod dominus noster vult transfretare in flandriam , videtur toti communitati quod ibi non debent aliquod servitium facere , quia nec ipsi , nec praedecessores sui seu progenitores unquam fecerunt servitium in terra illa et quamvis ita esset quod deberent ibi servitium facere , ut alibi , tamen non habent facultatem faciendi , quia nimis afflicti sunt per diversa tallagia , auxilia , prisas , videlicet , de frumentis , avenis , braseo , lanis , coriis , bobus , vaccis , carnibus salsis , sine solutione alicujus denarii , de quibus se debuerant sustentasse . propter hoc , dicunt , quod non possunt auxilium facere propter paupertatem in quae sunt propter tallagia et prisas antedictas , quia vix habent unde se sustentarent , & multi sunt qui nullum sustentationem habent , nec terras suas colere possunt . propter haec tota terrae communitas sentiunt se valde gravatam , quia non tranctantur secundum leges et consuetudines terrae , secundum quas tractari antecessores sui solebant habere , sed voluntarie excluduntur . sentiunt etiam se multi gravati super hoc , quod solebant tractari , secundum articulos contentos in magna charta , cujus articuli omnes sunt omissi , in majus damnum populo universo . propter hoc rogant dominum nostrum regem , quod velit ista corrigere ad honorem suum , & populi sui salvationem : propter hoc communitas terrae sensit se nimis gravatam de assisa forestae , quae non est custodita sicut consuevit , nec charta forestae observatur , sed fiunt attachiamenta pro libitu extra assisam , aliter quam fieri consuevit : paeterea , tota communitas sentit se gravatam de vectigali lanarum , quod nimis est onerosum , videlicet , de quolibet sacco quadraginta solidos , et de lana fracta , de quolibet sacco septem marcas , lana enim angliae ascendit fere ad valorem medietatis totius terrae , et vectigal quod inde solvitur , ascendit ad quintam partem valoris totius terrae . quia vero communitas optat honorem et salutem domino nostro regi , sicut tenetur velle , non videtur eis , quod sit ad bonum regis quod transeat in flandriam , nisi plus esset assecuratus de flanderensibus pro se & pro gente sua , et simul cum hoc , propter terram scotiae , quae rebellare incepit ipso existente in terra , et aestimant quanto pejus facerent cum certificati fuerint , quod rex mare transierit . nec solum pro terra scotiae , sed etiam pro terris aliis quae non sunt adhuc modo debito stabilitatae . the king having received those petitions , answered , that he could not as yet answer them without his counsel , part of them being in flanders , and the rest left at london : and he intreated the said earls by the messengers who brought the petitions , that if they would not passe over with him , yet at least that they would not hurt his realm during his absence , for he hoped by gods assistance to return again , and settle his kingdom in order . the king passing into flanders , the said earls , batons in person inhibited the treasurer and barons of the exchequer , that they should not levy the th . penny of the people , being granted to the k. at st. edmunds , * without their consent and induced the city of lond. to stand with them , for the recovery of their liberties . whereupon prince edwards counsel perswaded him to send for the earls of hereford , and marshal , and by any means possible to allure them to peace , who repairing to him upon summons , were willing to consent to the articles and form of peace ensuing , but to no other . primo , quod dominus rex chartam magnam cum eaeteris articulis addictis , et chartam de foresta annuat et confirmet : et quod nullum auxilium vel vexationem exigat a clero vel populo absque consilio et assensu : et quod omnem offensam comitibus et eorum confaederatis dimittat . articuli adiecti ad magnam chartam sunt isti . nullum tallagium vel auxilium per nos vel haeredes nostros , de caetero in regno nostro imponatur seu levetur sine voluntate et assensu communi archiepiscoporum , episcoporum , abbatum et aliorum praelatorum , comitum , baronum , militum , burgensium , et aliorum liberorum hominum . nullus minister noster , vel haeredum nostrorum in toto regno nostro cap●at blada , lanas , coria , aut aliqua aliae bona cujuscunque , sine voluntate et assensu cujus fuerunt . nihil capiatur de caetero nomine vectigalis de saccolanae . volumus etiam et concedimus pro nobis et haered bus nostris , quod omnes clerici et laici de regno nostro habeant omnes leges , libertates , et omnes consuetudines , ita libere et integre , sicut aliquo tempore consueverunt melius pleniusque habere . et si contra illas vel quemcunque articulum in praesanti charta contentum statuta fuerint aedita per nos vel antecessores nostros , vel consuetudines introductae : volumus et concedimus , quod hujusmodi statuta vacua sint , et nullum in perpetuum . remissimus etiam humfredo dae boun comiti herefordiae & essexiae , constabulario angliae , rogero bigot comiti norfolciae , mareschallo angliae , et aliis comitibus , baronibus , militibus , armigeris , johanni de ferrariis , ac omnibus aliis de eorum societate confaederatione et concordia existertibus , nec non omnibus vigenti libratas terrae tenentibus in regno nostro , sive de nobis siv● de alio quocunque in capite , qui ad transfretandum nobiscum in flandriam certo die notato vocati fuerunt , et non venerunt , rancorem nostram & malam voluntatem quam ex causis praedictis erga eos habuimus , et transgressiones si quas nobis vel fecerunt , usque ad praesentis chart● confectionem . et in majorem securitatem hujus rei , volumus et concedimus pro nobis et haeredibus nostris , quod omnes archiepiscopi , et episcopi angliae in perpetuum in suis cathedralibus ecclesiis habita praesenti charta relicta excommunicent publice , et in singulis parochialibus ecclesiis suarum d●ocesium excommunicari faciant , seu excommunicatos denunciare bis in anno , omnes qui contra tenorem praesentis chartae vim et effectum in quocunque articulo scienter fecerunt , aut fieri procuraverunt quovismodo . missis igitur in flandriam nunciis ad ipsum regem , confirmationem omnium istorum sub sigillo suo ( tanquam ab eo qui 〈…〉 ●tus erat , cedendum malitiae temporis censuit ) obtinuerunt . pro eonfirmatione et harum rerum omnium dedit populus anglicanus regi denarium nonum bonorum suorum , clerus vero cantuariensis decimum , et clerus eboracensis quintum , qui propiordamno fuit . so walsingham truly relates the history of this transaction . these statutes thus obtained by the earls and barons from the king , are printed in our statutes at large , with the excommunication of the prelates then denounced against the infringers of them , in rastals abridgement of statutes , & sir edward cooks institut . p. . to . being thus intituled : confirmationes chartarum de libertatibus angliae et forestae , et statutum de tallagio non concedondo . made both in the year of edward . not in the , as our statute books , and sir edward cook misdate the latter of rhem . the differences between the king , these earls and nobles touching these liberties , with his confirmation of them , and the aid granted him for the same , are likewise recorded in the patent roll of ed. . par . . m. , , . and claus . e. . m. . . . . dors . there are sundry writs and proclamations sent to all the sherifs for the keeping of magna charta in all its articies , and to the bishops to excommunicate the infringers of them , agreeing with walsinghams relation . * anno . the of king edward the first , the king holding a parliament at york , the foresaid earls , because the confirmation of the charters forementioned was made in a forein land , requested that for their greater security , they might be again confirmed by the king in england , which the bishop of durham and three earls engaged he should doe , upon his return out of scotland with victory . whereupon this king the next year ( being the of his reign ) holding a par●iament at london : ubi rogatus a comitibus saepe dictis , ut chartarum confirmationem renovaret , secundum quod in scotia promiserat , post aliquas dilationes instantiae eorum acquievit , hac additione , salvo jure coronae nostrae infine adjecta . quam cum audissent comites , cum displicentia ad propria recesserunt , sed revocatis ipsis ad quindenam paschae ad votum eorum absolute omnia sunt concessa . and thereupon the statutes intituled articuli super chartas . ( e. . in our printed statutes , and cooks institutes , whereas it should rather be . ) were then made and published by these earls and nobles procurement ; and writs sent to all the sherifs de quibusdam articulis in magna charta contentis , & chartae de foresta henrici patris nostrae observandis . rot. claus . . e. m. . and pat. e. . m. . commissions are sent into all counties , de artic. in mag . chart. content . & stat. regis apud winton edita observandis , and that whosoever did not observe every article , should be punished per imprisonamentum , redemptionem , vel amerciamentum , secundum quod transgressio exigeret , there being no certain way of punishment before ordained . and claus . e. m. , . there are writs sent to every sherif , to read & proclaim magna charta in his county times every year , & to proclaim articulos super chartas à rege populo concessos . but the execution of the articles of the forest being deferred , notwithstanding these proclamations , thereupon * king edward held a parliament at stanford the year of his reign ; ad quod convenerunt comites et barones cum eqnis et armis , eo prout dicebatur proposito , ut executionem chartae de foresta , hactenus dilatam extorquerent ad plenum : rex autem eorum instamiam & importunitatem attendens , eorum voluntati in omnibus condescendit . to omit all other presidens , these forecited abundantly evidence the gallantry , stoutness , heroical courage , care , vigilancy , of the lords in all our parliamentary councils , to maintain and defend the fundamental liberties , properties , great charters of the realm , and to perpetuate them to posterity , without the least violation : to vindicate , re-establish them when infringed , and to withstand , oppose all unjust aids , taxes , subsidies , when either demanded , levied , exacted by our kings , though in cases of pretented or real necessity to supply their wants , maintain their wars , and protect the realm from forein enemies . i shall only produce three of four historical presidents more , demonstrating what great curbs , remoraes , obstacles , some particular potent noblemen of great estates , alliance , publike spirits have been to the exorbitant arbitrary wills , power , proceedings of our kings , who most endeavoured openly to subvert , or cunningly to undermine our publike laws and liberties . (i) mat. paris , speaking of the death of geoffry fitz-peeter , one of the greatest peers of that age , writes thus of him , this year ( anno . ) geoffry fitz-peeter chief justice of all england , a man of great power and authority , to the greatest detriment of the kingdom , ended his dayes the . day of octob. erat autem firmissima regni columna , for he was the most firm pillar of the kingdom , as being a nobleman , expert in the laws , furnished with treasures , rents , and all sort of goods , and confederated to all the great men of england by blood or friendship : whence the king without love did fear him above all men , for he governed the reigns of the kingdom . whereupon after his death , england was become like a ship in a storm without an helm . the beginning of which tempest was the death of hubert archbishop of canterbury , a magnificent and faithfull man , neither could england breath again after the death of these two . when k. john heard of fitz-peeters death , turning to those who sate about him , he said ; by gods feet , now am i first king and lord of england . he had therefore from thenceforth more free power to break his oaths and covenants which he had made with the said geoffry for the peoples liberty and kingdoms peace . such pillars and staies are great and stout peers to a kingdom , and curbs to tyrannical kings ; which caused * vortigern the british king● who usurped the crown with the treacherous murder of his soveraign ; nobiles deprimere , et moribus et sanguine ignobiles extollere , quod maximè regiae honestati contrarium est , to secure his throne thereby against their predominant power ; as other usurpers and tyrants since have done : therfore of meer right they ought to have a place and voice in parliaments , for the very kingdoms safety and welfare , without the peoples election . william duke of normandy having slain the usurper king harold , with many thousands of englishmen in the field , routed his whole army , and caused the city of london and most parts of england to subject themselves unto him as their soveraign , out of base fear ; thereupon * stigand archbishop of canterbury , and eglesine abbot of st. augustine , chief peers of the realm , and lords and governors of kent , to preserve themselves , their country , laws and liberties from vassalage to the norman yoke , assembling all the commons of kent to canterbury ; informed them : that they were born freemen , that the name of bondage was never heard amongst them : that nothing but servitude attended them , if they unworthily submitted to the insolency of the invading enemy , as others had done . and thereupon exhorted them , manfully to fight for the laws and liberties of their county , chusing rather to end an unhappy life , by fighting valiantly for them in the field , than to undergoe an unaccustomed yoke of bonduge , or to be reduced from their known liberties to an unknown and unsure slavery . after which the archbishop and abbot , chusing rather to dye in battel , than to behold the misery and slavery of their native country , became the captains of the kentish army which they raised ; and by a stratagem invironing duke william and his whole army at swanscomb ; they procured this grant and concession from him , that all the people of kent should for ever enjoy their antient liberties without diminution , and use the laws and antient customs of their country : they being resolved ( as stigand told the duke ) rather to part with their lives than them ; liberty being the proper badge of kentishmen . after which duke william marching to london to be crowned king , * cumque ●eracta victoria tyranni nomen exhorrescens , et legitimi principis personam induere gestiens à , stigando tunc temporis can●uariensi episcopo consecrari deposceret ; ille ( out of an heroick gallant english christian spirit ) viro , ut ai●b●t , cruento et alien● juris invasori , manus imponere nullatenus adquievit . whereupon he was crowned by aldred archbishop of york : * king william for this his stoutness and opposition in defence of his countries laws and liberties , under a pretence of honor , first carried him with him into normandy , as a prisoner at large : afterwards upon feigned pretences , caused him to be deprived of his archbishoprick , and then shut him up prisoner in the castle of winchester , where he soon after died of grief or famine , having scarce enough allowed him to keep soul and life together : such a curb and terror was he to him , whiles he lived in place and power , that he could not carry on his designs against the english , to captivate , or enslave them , till he was removed out of the way of this conqueror ; who came to the crown by the effusion of so much christian bloud , that * gulielmus neubrigensis gives this censure of it ; ( and let all other invaders of the crown by bloud observe it ; ) sane quod idem christianos innoxios hostiliter christianus impetiit , et tanto sibi sanguine christianum regnum paravit , quantae apud homines gloriae , tantae etiam apud deum noxae fuit . whence stigand refused to crown him . simon mon●e●ort earl of leicester , the greatest pillar , and general of the barons , in the wars against king henry the d , for the preservation , corroboration of magna charta , the liberties and properties of the people , was so terrible to this extravagant , oppressive king , frequently violating both his great charters , laws , oaths , * that being perswaded to enter into his house , in a tempest of thunder and lightning , which he very much feared ; the earl courteously meeting him and saying : why do you fear ? tht tempest is now past : the king thereunto replyed , not jestingly , but seriously with a stern countenance , i fear thundring and lightning above measure , but by the head of god , i tremble more at thee , than at all the thundring and lightning in the world . being afterwards slain in the battel of eusham in defence of his countries liberties . (k) rishanger gives this encomium of him , thus this magnificent earl simon ended his dayes , who not only bestowed his estate but his person and life also , for relief of oppressions of the poor , for the asserting of justice and the rights of the realm . a sufficient ground for such nobles and their posterity to sit and vote as peers in parliament without the peoples election . in the , , , & of k. edw. . his reign , tho. earl of lancaster , and other potent wealthy barons , were the chief sticklers against gaverston and the spencers , who seduced the king , oppressed the people : and were the principal pillars of our laws & liberties , as our (l) historians relate at large , procuring those ill counsellors to be banished , and removed from the king even by force of arms. in , & . of king rich. . the duke of gloucester , the earl of arundel , and other potent lords were the principal opposers of the kings ill counsellors , tyranny , the chief protectors of the laws and peoples liberties , to the loss of some of their lives , heads , estates , as our statutes , the rolls of parliament in those years , and (n) historians witness : whence walsingham writing of the duke of glocester's death , murthered by the kings command at calice who was the principal anti-royalist and head of all the barons , useth this expression , thus died this best of men , the son ( and uncle ) of a king , in quo posita fuere spes & solatium totivs regni communitatis , in whom the hope and solace of the commonalty of the whole kingdom were placed : who resented his death so highly , that in the parl. of h. . hall , who had a hand in his murder , was condemned and executed for a traytor , his head , quarters hung up in several places , and k. richard among other articles deposed , for causing him to be murthered . since then our peers and nobles , as the premised examples abundantly evidence , have been alwaies persons of greatest valour , power , estate , interest , most able , forwards to oppose the tyranny , exactions of our kings , and to preserve the great charters of our liberties , first gained , since preserved and transmitted to us by their valour , bloud , counsel , cate , with our other laws , which they have upon all occasions manfully defended , with the hazard , loss of their lives , liberties , estates , and upon this ground were thought meet by the wisdom of our ancestors to merit and enjoy this privilege of sitting , voting , judging in parliament , by vertue of their peerage , and baronies : and since we must all acknowledge , that the lords ( assembled in a great council by the king at york , as the commons themselves acknowledge and remonstrate , exact . collection , p. . ) were the chief instruments of calling this present parliament , and were therefore in the act for triennial parliaments , principally intrusted to summon and hold all future parliaments in the kings , lord chancellors , or lord keepers defaults : being also very active in suppressing the star-chamber , high commission , councel-table , prelats , and other grievances , and those who fitst appeared in the wars against the king and his party , in defence of our laws , liberties , religion , parliaments privileges , to the great encouragement of others , ( witnesse the deceased lord general essex , brooke , bedford , stamford , willougbie , lincoln , denbigh , manchester , roberts , and others ) it would be the extremity of folly , ingratitude and injustice to deny our peers this hereditary right , privilege , honour now , w ch they & their ancestors purchased at so dear a rate ; and a means to dis-ingage them for ever siding hereafter with and setting them against the commons , and republike , for such an high dishonour and affront as this will prove . ly . our lords and nobles have been the stoutest champions to defend the rights , privileges , liberties of the crown , realm and church of england , the great charters , liberties , laws , franchises , properties of the clergy , people therein , against the popes and prelates antichristian invasions and enchroachments on them ; for proof whereof i shall present you with these few pertinent presidents , instead of many others , recorded in our annals . * pope paschal the . and his confederate anselm archbishop of canterbury , endeavouring by a papal decree , to deprive the king of the investiture of bishopricks , by a ring and staff , which his ancestors enjoyed , the king thereupon writ , and sent him a letter by two of his bishops , anno dom. . wherein he concludes thus . beneficium quod ab antecessoribus meis beatus petrus habuit , vobis mitto , eosque honores & eam obedientiam quam tempore patris mei antecessores vestri in regno angliae habuerunt , tempore meo ut habeatis volo ; eo videlicet tenore , ut dignitates , usus et consuetudines quas pater meus tempore antecessorum vestrorum in regno angliae habuit , ego tempore vestro , in eodem regno meo integre obtineam , notumque habeat sanctitas vestra , quod me vivente , deo auxiliante dignitates , et usus regni angliae non minuentur . et si ego , quod absit , in tanta me dejectione ponerem , optimates mei , imo totius angliae populus id nullo modo pateretur . habita igitur karissime pater utiliore deliberatione , ita se erga nos moderetur benignitas vestra , ne , quod invitus faciam , a vestra me cogatis recedere obedientia . to pretermit the statutes of clarindon . anno . made and sworn to be observed by the prelates , abbots , earls , barons and nobles , very derogatory to the popes and prelates usurpations , in maintenance of the kings prerogative , and peoples liberties , recorded in mat. paris , p. , . & chronica gervasii , col . . in the year . † heraclius patriarch of jerusalem comming into england with the keys of the tower of david , and of christs sepulcher , and the banner of the holy cross , presented them to king henry at reading , whom they had elected king thereof , with an earnest letter from pope lucius to accept thereof , that so he in his absence might the more securely invade the rights of his crown and kingdom . hereupon the king convocatis apud londoniam totius angliae primatibus , as gervasius dorobernensis , or convocato c●ero regni ac populo ( to wit rhe prelates and nobles , not ordinary clergy and commons , usually expressed by this phrase ) as mat. paris relates it ; convenerunt londoniis apud fontem clericorum , decima kalendas aprilis rex , cum universa nobilitate regni , which expounds clerus regni et populus . whence radulphus de diceto thus relates it . ad vocationem regis cantuariensis electus , et cantuariensis ecclesiae suffraganei , dunelmensis episc . abbat . conventualium locorum praelati , comites et barones convenerunt apud fontem clericorum kal. apritis . rex itaque patriarcha , magistro sanctae domus hospitalis jerosolomi audientibus omnes suos fideles qui convenerant adjurationibus , multis obstrinxit , quatenus proponerent in medio , quod super his saluti animae suae viderint expedire . ad hoc enim cor suum inclinatum dicebat , ut quod acciperet ex eorum consilio modis omnibus observaret . tunc concilio universo super praemissis colloquenti , datum est igitur sub deliberatione , quod esset consultius , vel quod rex in propria sua persona jerosolomitanis succurreret , vel anglorum regno , cujus gubernationem in facie matris ecclesiae dudum susciperat , adhuc praeesse nulla ratione desisteret . ad illa siquidem tria quae rex quilibet consecrandus promitiit aliqui revocabant . promittit namque se praecepturum & opem pro viribus impensurum , ut ecclesia dei populusque christianus veram pacem in omni tempore servet . promittit etiam , quod rapacitates , et omnes iniquitates omnibus gradibus interdicet . promittit adhuc , quod in omnibus judiciis aequitatem & misericordiam praecipiet . satius ergo visum est vniversis , & animae regis multò salubrius , quod regnum suum debita cum moderatione gubernet , et a barbarorum irruptionibus , & a gentibus externis tu●atur , quam saluti orientalium in propria sua persona . de filiis regis quidem , quorum petiis aliquem patriarcha , si rex tamen recusaret , quicquid statuere cum essent absentes , incongruum videbatur . whereupon heraclius returned , the pope and he by this advice of the nobles being both deprived of their hopes : * rex inito consilio , responderat , quod oblatum sibi regnum hierosolomitanum accipere et adire , et regnum anglorum deserere , & hostibus vicinis exponere , non fuit ut credidit deo acceptum , cum sit deo tam gratum , tam devotum hoc , ut illud . * king iohn in the year of his reign having confirmed the great charter of the liberties of england , and of the forest , by his seal , oath , and the popes own bull , after his surrender of his crown and kingdom ro the pope , regranted to him under an annual tribute , pope innocent by his bull in a general council held at rome , repealed these charters of the king , as compelled to grant them by force and fear against his will ; commanding the king , under pain of a curse and excommunication , not to observe , & the barons not to exact or demand the said charters , or any obligations or cautions whatsoever , for or concerning them , which he utterly cancelled and made void , ut nullo unquam tempore aliquam habeant firmitatem : writing also exhortatory & minatory letters to the barons , not to claim the said charters or liberties , ( obtained by force and fear and therefore not only vile and dishonest , but unlawfull and unjust under pain of his displeasure and sentence : but what was the issue , * matthew paris thus records . cumque tandem rege anglorum procurante , magnates angliae has literas tam commoni●oria● quam comminatorias accepissent , noluerunt desistere ab inceptis , ed adhuc insurgentes , regem acriter infe●tabant , dicendo de papa illud propheticum . vae qui justificatis impium , &c. the pope being informed , that the barons persisted in the prosecution of their liberties and wars against the king ; excommunicated them & al their adherents in general , for contemning and disrespecting his said papal decree , letters , authority ; and suspended the archbishop of canterbury for siding with them . but they contemning this his sentence , and persevering in their designs , and wars , he thereupon excommunicated all the barons by name , and likewise interdicted them and their adherents ; which being published in most places in the country , and thereby coming to the londoners and barons knowledge , they exceedingly slighted his excommunications , & revi●ed , contemned the popes authority in the highest degree , ( as * matthew paris ( though a monk ) thus relates ) excommunicationis et interdicti sententias civitas londinensis , per contumaciam multiplicem adeo contemnendo despexit , quod nec eas barones observare , nec praelati publicare decreverunt . dicebant enim generaliter , omnes literas falsa suggestione fuisse impetratas , & ideo nullius esse momenti , & hoc maxime , quod non pertinet ad papam ordinatio rerum laicorum , cum petro apostolo , & ejus successorihus non nisi ecclesiasticarum dispositio rerum à domino sic collatae potestas . ut quid ad nos extendit romanorum ●nsatiata cupiditas ? quid episcopis apostolicis et militiae nostrae ? ecce successores constantini , & 〈◊〉 pe●ri : 〈◊〉 imitantur petrum in meritis vel operibus , nec assimulandi sunt in potestate proh pudor , marcidi ribala● , qui de armis vel libertate minime norunt , jam toti mundo propter excommunicationes suas volunt dominari , ignobiles usurarii et simoniales . o quantum dissimiles petro , qui sibi pe●ri usurpant partes ? sic igitur blasphemantes & recalcitrantes , ponentes os in coelum , ad interdicti sive excommunicationis sententiam , nullum penitus habentes respectum , per totam civitatem celebrarunt divina signa , pulsantes & vocibus altisonis modulantes . ; hereupon the pope reviving his excommunication against them , the barons still slighted it as before deposing king john from the crown , and electing lewes of france for their king , and thus revi●ing the pope for siding with king john. * et quid de te papa ? qui pater sanctitatis , speculum pietatis , tutor justitiae , & custos veritatis toti mundo deberes lucere in exemplum , tali consentis , talem laudas & tueris ? sed hac causa , exhaustorem pecuniae anglicanae , & exactatorem nobilitatis britannicae tibi inclinantem defendis , ut in barathrum romanae avaritiae omnia demergantur : sed haec causa et excusatio , est ante deum , culpa et accusatio . et sic barones lachrymantes & lamentantes , regem & papam maledixerunt . * anno . the . of king henry the . fecit convenire apud west monasterium dominica , qua cantatur , misericordia domini , archiepiscopos , episcopos , abbates , priores , templarios , hospitilarios , comites , barones , ecclesiarum rectores , & qui de se tenibant in capite ( but no elected knights , citizens or burgesses that we read of ) ad locum praefixum et diem ; that they might hear the businesses stephen the popes chaplain and legat had to propound unto them from the pope , & de rerum exigentiis communiter tractarent ibidem : omnibus igitur congregatis , tam laicis quam clericis , & eorum subjectis , magister stephanus coram omnibus recitavit literas domini papae ; in quibus exigebat decimas omnium rerum mobilium de tota anglia , hibernia , et wallia , ab universis laicis & clericis , ad guerram suam sustinendam , quae contra romanum imperatorem susceperat fredericum , ipse solus , pro universali ecclesia &c. the legat herupon pressing them earnestly to grant this strange tenth to the pope , the king , from whom all the rest expected to have protection and defence against it , becoming formerly bound by his proctors to pay this tenth , seemed to give consent thereto by his silence . comites vero et barones ac laici omnes , plane decimas se daturos contradixerunt , nolentes baronias suas vel laicas possessiones romanae ecclesiae obligare . episcopi quoque & abbates , priores et alii ecclesiarum praelati , post trium vel quatuor dierum deliberation●m , et murmurationem non modicam , tandem consenserunt , metuentes excommunicationis sententiam vel interdicti sibi inferri , si mandatis apostolicis obviarent . the earls , barons , and laity scaping scot-free from this papal exaction by their strenuous opposition , when as the king and clergy basely and unworthily submitted to it out of fear , to their intollerable oppression . an. . the pope usurping by his provisions upon the barons and patrons rights and advowsons in england : thereupon the earls , barons , and other great men of england , dolentes se privari sua libertate , & per cupiditatem romanae ecclesiae jure conferendi ecclesias enormiter privari , et alienigenas praecepto papali illis ditari , quorum personas et conditiones penitus ignorabant ; sent this notable letter to the pope concerning it , by sir robert tuinge , knight . excellentissimo patri & domino g. dei gratia summo pontifici , devoti sui de cestriae , & de wincestriae , &c. salutem , reverentiam promptam , & paratam , si placet , devotionem . mergente jam navicula nostrae libertatis , primogenitorum nostrorum sanguine subacta , prorumpentibus in nos plus solito perturbantium procellis , dormientem dominum in navicula petri cogimur excitare , acclamantes jugiter & una voce : domine salva nos , perimus . ut cum judicium et justitia sint correctio sedis ejus , unicuique nostrum jus suum tribuat , & conservet illaesum ▪ ne si secus fiere● , corruente charitate , devotioneque deseta , provocarentur filii contra patris viscera , & mut●ae dilectionis affectus , subintroducta injuria , penitus evanesceret . cum igitur , sanctissime pater , a prima christianitatis fundatione in anglia ; tali fuerint hactenus progenitores nostri gavisi libertate , quod dedecentibus ecclesiarum rectoribus , ecclesiarum patroni personas idoneas eligentes ad easdem diocesanis praesenta verunt , ab eisdem ecclesiarum regimini praeficiendas : verum vestris temporibus , de conniventia vestra vel voluntate nescimus , talis contra nos invaluit adversitas , quod dedecentibus ecclesiarum rectoribus , quidam executores vestri , ad hoc dati , ecclesias de patronatu nostro passim conferunt , in nostrae praejudicium libertatis , & in eminens periculum juris patronalis , licet super hoc pridem cautione literarum apostolicarum nobis prospexeritis , continentium , quod decedentibus ecclesiarum personis italicis vel romanis , auctoritate provisionis vestrae in ecclesiis promotis , licite possemus personas idoneas praesentare : cujus oppositum videmus quotidie demandari , de quo plurimum miramur , cum non debeat ab uno & eodem fonte aqua dulcis & amara defluere . sane licet haec contra nos sit communis pestis introducta , pro qua contentiones , emulationes , irae , rixae , necnon & caedes hominum poterunt fortassis exoriri , unius tamen comparium nostrorum afflictionem exempli gratia producere decrevimus in medium , ut quod contra eum & juris sui patronalis periculum hactenus est improvide procuratum , auctoritate vestra , si placet , revocetur in irritum . cum igitur robertus de tuinge patronus ecclesiae de luthun , decedente n. italico , ejusdem ecclesiae rectore , personam idoneam praesentasset ad eandem , obstante mandato vestro , distulit ipsum admittere dominus eboracensis , licet contra personam praesentatam nihil inveniret quod obsisteret , sed solam inhibitionem vestram praetenderet . verum , cum in incendio vicinae domus , nostrarum immineat periculum , vobis tanquam patri supplicamus , quatenus tam praedictum robertum , quam nos omnes & singulos praedicta libertate praesentandi clericos nostros ad ecclesias nostras vacantes libere uti permittatis : injungentes praedicto archiepiscopo , quod i. clericum ad praedictam ecclesiam ab eodem praesentatum , pro quo etiam preces effundimus devotas : praesertim cum sit negotiis regis & regno nostro necessarius , nisi aliquod canonicum obstiterit , non obstante priori mandato vestro , admittat . ut ex hoc nos ad propensiorem & famulatum ecclesiae provocetis . ne cum sit jus advocationis praedictorum feudorum , pro quibus domino nostro militamus , cogamur illius invocare subsidium , qui jura & libertates laicorum protegere ●enetur & confovere . valete . † anno . in octavis vero epiphaniae , congregati sunt londini archiepiscopi et episcopi , cum multis aliis magnatibus , praesente etiam legato , reponentes querimoniam coram rege in curia sua , super variis injuriis & oppressionibus & quotidianis desolationibus illatis ecclesiae , per iniquum regis consilium , contra suas chartas , & juramenta temere veniendo : nec patitur suis pastoribus viduatas ecclesias , respirare , sed ut ab eisdem ecclesiastica bona variis argumentis extorqueat , annis plurimis eas in manu sua detinet , nec patitur electiones canonicas celebrari . super quibus injuriis illatis , & diatim multiplicatis , omnes se asserunt vehem●nt●r admirari , cum ipse rex toties juraverit , se jura ecclesiastica illibata conservare , ipsomet audiente , & candelam tenente , quod omnes episcopi , in violatores libertatum ecclesiasticarum , simul sententiam fulminabant : in cujus sententiae consummatione , rex , ut alii , candelam extinxit inclinand● . et erant contra regem in querimonium episcoporum capitula circiter . et eotenus processum est , quod lata sit iterum sententia terribiliter nimis in omnes regis consilia●ios , qui ejus animum ad praedicta enormia conabantur inclinare . in the † parliamentary council held at merton an. . anno , h. . cap. . all the bishops ( to set up the popes and their own canons above the common law of england ) earnestly intreated the lords , that they would consent , that those who were born before matrimony might be legitimare , as well as those born after mariage , as to hereditary succession , because the church held such for legitimate : et omnes comites et barones una voce responderunt , nolumus leges angliae mutare , quae hucusque usitatae sunt & approbatae . upon which † sir. edw cook observes ; that the nobility of england , have ever had the laws sf england in great estimation and reverence , as their best birthright . * anno . the of henry the third , pope innocent sent one martin his legate into england , with letters , demanding a large contribution from the prelates , abbats and clergy , to be speedily collected as he should direct ; which coming to the knowledge of all the lords , and great men , omnes ad praelatos accesserunt , ut uno per omnia consilio uterentur , quia hoc negotium generalem statum regni contingebat . whereupon all the prelates by the lords advice and encouragement denied to grant the pope any aid at all , & sic soluto concilio recesserunt . * moreover this same year , romana ecclesia rubore deposito , tempore novi papae innocentii . non cessabat provisiones cotidianas , redditus impudenter extorquere a via antecessorum suorum non exorbitando , imo manum super omnes aggravando . exiit , igitur murmur licet sero , in cordibus anglorum diu conceptum et retentum , in manifestam querimoniam , et quasi parturientes loqui , non poterant amplius se continere . patientia enim eorum desidiosa erat , & humilitas infructuosa est , imo potius & damnosa , et ipsa abutebatur , romana protervitas insatiabilis . et in unum convenientes totius regni nobiles , regem efficacissime super hoc con●en●rum ▪ asserentes se malle mori quam amplius tales enormitates tollerare : non enim eorum , neque antecessorum suorum intentio fuit , quando contulerint bona viris religiosis , et aliis locis , pia consideratione constructis , ut ipsa ad a●bitrium papae viris italicis ignotis , et eis quos noverant simoniis & usuris pollutos , & viciis multimodis , quibus non est cura praedicatio vel hospitalitas christi fidelibus impendenda , contribuerent . rex igitur non mediocriter ad iram provocatus , sciens ac sentiens talibus queremoniis ines●e veritatem , scripsit domino papae verbis humilibus & efficacissimis , ut talia studeret paterna solicitudine corrigere . * the next year , anno . this martin violently seising on the lands and profits of divers churches and religious persons , " prorerva & injuriosa authoritate , wherein the king protected him against all men , whereby the condition of the realm became most miserable : thereupon urgente igitur necessitate totius regni angliae maxime , praeceptum est ab ipso tempore ex parte aliquorum magnatum , pro multiformi , et incessabile oppressionne , et depraedatione regni dolentium et miserantium , & diligenter die & nocte custoditis omnibus partibus angliae , papales literae quae quotidie ad emungendam pecuniam portabantur caperentur . wherupon the governour of dover took one of the popes posts laden with such bulls and letters to exact monies by divers means , as he arrived at dover , and took away all his bulls and letters , as he was commanded by the lords , imprisoning the post in dover castle : whom the king upon martins complaint released , causing the letters and bulls to be restored to him " in perniciem regni , et honoris sui . hereupon the barons and lords assembled at laiton and dunstable at torneyes , and from thence sent one fulco to martin , residing in the new temple at london , commanding him presently to depart the realm , or else he and all his should be hewn in pieces within days : who thereupon repairing to the king for protection , and demanding whether this were done by his direction ? the king answered , no , sed barones mei vix se continent , quin consurgant in me , eo quod tuas in regno meo & eorundem quae ●us & modum excedunt depredationes & injurias hactenus tolleravi : quorum etiam furorem vix compescui , quin et in te i●ruentes te membratim non dilacerarent . upon which martin demanding that the marshal might convoy him safe to the seaside , ●●ed with great hast and fear out of england . after which the king coming to himself , and discerning his error , by the advice of all the nobility of the realm , there was an elegant epistle written , wherein the over-execrable exactions of the pope , and the manifold exactions of his legates , and of certain men exercising an unheard of power , were contained : wherwith noble and discreet men elected by the parliament and universality , were sent to the council of lyons , gravem super his super exactione tributi , in quod nunquam consensit regni universitas , coram concilio querimoniam reposituri , et talium releuamen onerum importabilium regno angliae miserecorditer impendi rogaturi . the proxi●s of the parliament , and universality of england arriving at the council of lyons , by * william de poweric , their proctor , propounded their grievances , complaining , that in time of war a tribute was injuriously extorted by the court of rome , quod nunquam patres nobilium regni , vel ipsi consenserunt , nec consentiunt , neque in futurum consentient , unae sibi petunt exhiberi justit am cum remedio . ad quod papa ( there present ) nec oculos elevans , nec vocem , verbum non respondit . † thomas of walsingham adds , that the messengers sent to the council by the king de consilio praelatorum , comitum , baronum , were purposely sent ut concessioni regis johannis de censu annuo pro anglia & hibernia contradicerent , eo quod de regni assensu non processerat , * sed et per archiepiscopum c●ntuariensem fuerat reclamatum vice totius regni . sed papa hoc indigere morosa deliberatione respondens : negotium posuit in suspenso . this detestable charter of king john being burnt amongst his writings in this council , as was reported , in the popes own chamber there casually set on fire . after w ch poweric delivered to the council the foresaid to the pope , concerning the manifold extortions , innovations , oppressions of the church of rome exercised in england , there recorded at large , and worthy perusal : the close of which epistle of all the barons , is this . that although the king being a catholike prince , &c. would continue in the obedience of the see and church of rome , and seek the increase of her honour and profit , jure tamen regio , dignitateque regia plenius conservatis . nos tamen qui in negotiis suis por●amus pondus dierum et aestum et quibus una cum ipso domino rege , intendere conservationi regni diligenter incumbi , dictas oppressiones , deo et hominibus detestabiles , & gravamina nobis in oleribili● , non possumus aequanimiter tolerare , nec per dei gratiam amplius tolerabimus : placeat igitur paternitati vestrae hanc ●upo●icationem nostram taliter exaudire , quod a magnatibus et universitate regni angliae , tanquam a filiis in christo chatissimis , specia●es gratias debeatis merito reportare . the pope refusing to give any answer or redress thereunto , at last through their importunity , be granted divers privileges to the churches , prelates , and nation of england , ten●ing towards a reformation of their grievances ; but yet contrary thereunto , increased their grievances instead of redressing them ; whereupon * anno dom. . the of henry the . by the nobles sollicitation , medio quadragessimae edicto regio convocato convenit ad parliamentum generalissimum totius regni anglicani totalis nobilitas londini , videlicet , praelatorum , tam abbatuum et priorum , quam episcoporum , comitum quoque & baronum , ( without any knights , citizens , or burgesses chosen by the people to represent them in it ) ut de statu regni jam vaci lantis , efficaciter , prout exigit urgens necessitas contractarent . angebat enim eos gravamen intollerale , a curla romana incessanter illatum , quod non poterant sine nota desidiae , et imminen●e ruina tolerare , quod papa promissionis suae transgressor , gravius quam ante eorum querimoniam , manum diatim exasperans , aggravabat , et hoc quasi per contemptum , &c. these grievances they drew up into . articles , which were read in and approved by the parliament , this being the tenor of them . gravatur regnum angliae , ex eo quod dominus papa , non est contentus subsidio illo quod vocatur denarius beati petri , sed à toto clero angliae , gravem extorquet contributionem , & adhuc multa graviora nititur extorquere ; & hoc facit sine domini regis assensu , vel consensu , contra antiquas consuetudines , libertates , et regni jura , et contra appellationem et contradictionem procuratorum regis & regni in generali concilio factam . item , gravatur ecclesia et regnum , eo quod patroni eccle●iarum ad eas cum vacaverint , clericos idoneos praesentare non ●ossunt , prout dominus papa eis per literas suas concessit , sed ●onferuntur ecclesiae romanis , qui penitus idioma regni ignorant , in periculum animarum , et extra regnum pecuniam asportant , illud ultra modum depauperando . item , gravatur in provisionibus à domino papa factis , in pensionibus exigendis , contra literarum suarum tenorem , in quibus continetur , quod ex omnibus retentionibus factis in anglia , non intendebat conferre , nisi beneficia post praedictarum literarum confectionem ; sed credimus multa plura beneficia ab eodem postea esse collata , et provisiones factas . item , gravatur quod italicus italico succedit , et quod anglici extra regnum in causis auctoritate apostolica trahuntur , contra regni consuetudines , contra jura scripta , eo quod inter inimicos convenire non debent , & contra indulgentias à praedecessoribus domini papae , regi & regno angliae concessas . item , gravatur ex multiplici adventu illius infamis nuncii , non obstante , per quem juramenti religio , consuetudines antiquae ; scripturarum vigor , concessionum auctoritas , statuta , jura et privilegia debilitantur et evanescuut : quod infiniti de regno angliae oppressi sunt graviter & afflicti , nec se dominus papa versus regnum angliae in plenitudine suae potestatis revocanda , curialiter ita vel moderate gerit , prout procuratoribus regni ore tenus dederat in promissis . item , gravatur in tallagiis generalibus , collectis et assisis sine regis assensu et voluntate factis , contra appellationem et contradictionem procuratorum regis & universitatis angliae . item gravatur , eo quod in beneficiis italicorum , nec jura , nec pauperum sustentatio , nec hospitalitas , nec divini verbi praedicatio , nec ecclesiarum utilis ornatus , nec animarum cura , nec in ecclesiis divina sunt obsequia , prout decet et moris est patriae , sed in aedificiis suis parietes cum tectis corruunt , et penitus lacerantur . upon the reading of these articles , all and every one agreed to send both * solemn letters and messengers to the pope , and humbly to intreat him to remove these intollerable grievances and yoaks of bondage ; all the abbots and priors by themselves , the bishops by themselves , the king by himself , and all the earls and barons by themselves , in their own names , and of the whole clergy and people of england , writing several letters to the pope for this end , ●ecorded in matthew paris ; that of the lords being very memorable , i shall here insert . * sanctissimo patri , &c. devoti filii , comes cornubiae r. s. de monte forti comes legrecestriae , h. de boun comes herefordiae & essexiae , r. de bigod comes norfolciae , r. comes gloverniae & herefordiae , r. comes wintoniae . w. comes albemarliae , comes oxoniensis & alii totius angliae barones , proceres et magnates ac nobiles ; portuum maris habitatores , necnon et clerus et populus universus , salutem , & debitam tanto pontifici in omnibus reverentiam . sic mater ecclesia tenetur filios suos confovere , ipsos sub alas suas congregando , ut filii sui non degenerent in obsequio matris suae , sed pro matre , si necesse fuerit , manum suam mittant ad fortia , & arma et scutum assumentes pro defensione sua cuilibet discrimini se opponat , de cujus uberibus lac sugunt consolationis , et ad ipsius dependent ubera pietatis . mater enim filiorum uteri sui debet reminisci , ne si secus fiat , lactis pabulum subtrahendo videatur novercari . pater etiam à filiis suam subtrahens pietatem , non pater , sed vitricus merito debet appellari , cum filios naturales spurios deputat aut privignos . idcirco pater reverende , currus israel et auriga ejus , ad asylum vestrae pietatis recurrimus confidenter , clamantes post vos . implorantes etiam humi●iter et devote , quatenus ob spem retributionis divinae , voces clamantium post vos dignemini misericorditer exaudire , & gravaminibus , injuriis et oppressionibus regno angliae , & domino nostro regi multipliciter impositis ac illatis , velitis salubre remedium adhibere . alioquin necesse est ut veniant scandala , clamore populi tam dominum regem , quam nos intollerabiliter impellente . quoniam nisi de gravaminibus domino regi & regno illatis , rex & regnum citius liberentur , oportebit nos ponere murum pro domo domini et libertate regni . quod quidem ob apostolicae sedis reverentiam hucusque facere distulimus , nec ultra reditum nunciorum nostrorum , qui propter hoc ad redem apostolicam mittentur , dissimulare pocerimus , quia regni angliae tam clero quam populo , qui talia nullatenus sustinebunt , pro viribus nostris subveniamus . et nisi citius praedicta per vos corrigantur , pro certo teneat sanctitas vestra , quod non immerito teneri potest , quod tam ecclesiae romanae , quam domino regi tale periculum immanebit , quod eidem remedium , quod absit , de facile non poterit adhiberi . the king in the mean time , by the lords advice , sent this prohibition to the clergy , not to pay any tax or tallage to the pope ; * h. dei gratia &c. venerabili in christo tali episcopo salutem . licet aliâs vobis scripserimus , semel secundo , & tertio , tam per literas nostras clausas , quam patentes , ne ad opus domini papae vel alterius tallagium aliquod vel auxilium exigeritis à viris religiosis , clericis vel laicis , cum nullum hujusmodi tallagium vel auxilium exigi possit vel consueverit sine magno praejudicio regiae dignitatis , quod nullo modo poterimus aut volumus sustinere : vos tamen mandatum nostrorum in hac parte co●emnentes , contra provisionem per magnates nostros , tam praelatos quam comites et barones factam in concilio nostro londoniensi : & concessam exactionem faciatis memoratam , super quo miramur plurimum & movemur , praesertim cum facto vestro proprio non erubescitis contraire , cum vos & alii praelati in praedicto concilio communiter concesseritis , quod nihil de exactione hujusmodi faceretis , donec nuncii nostri & vestri , necnon & aliorum magnatum nostrorum & totius universitatis regni nostri à curia romana redirent , qui pro liberatione oppressionum ad curiam illam , sicut nostis , fuerant specialiter destinati . vobis igitur mandatis inculcatis mandamus injungentes , firmius & districtius inhibentes , ne ad exactionem praedicti tallagii vel auxilii faciendam aliquatenus procedatis , sicut gaudere desideratis baronia vestra & possessionibus vestris , quas in regno nostro tenetis . et si quid inde cepistis , extra regnum nostrum asportari nullatenus permittatis , sed illud salvo custodiri faciatis usque ad reditum nunciorum praedictorum , indubitanter scituri , quod si secus egeritis , nos ad possessiones vestras manum gravaminis , ultra quam credere velitis , extendemus . hanc autem inhibitionem vobis in jungimus faciendam archidiaconis & officialibus vestris , quam quidem pro libertate cleri & populi facimus , novit deus , &c. the * messengers sent with these letters to the court of rome returning thence , thereupon the same year , die translationis beati thomae martyris habitum est magnum concilium inter regem et regni magnates apud wintoniam : wherein , nuncii memorati , verba papalia , qui nihil mitigationis , imo potius exasperationis tenorem continebant nunciantes , & affirmantes , quod nec in gestu vel verbis papalibus aliquid humilitatis vel moderationis super oppressionibus quibus tam regnum quam ecclesia anglicana gravabatur et conquesta est , poterant reperire . dixerat enim papa , illis aliquod optabile responsum expectantibus ; rex anglorum qui jam recalcitrat et frederizar , suum habet consilium , ego vero meum habeo , quod et sequar . et ex tunc vix aliquis anglicus in curia negotium aliquod poterat expedire , imo velut scismatici repellabantur omnes , probris lacessiti . haec autem cum audisset dominus rex cum magnatibus suis , commotus est vehementer & merito , praecepitque voce praeconia in omnibus comitatibus , per omnes villas et terras , et congregationes publice acclatuari , ne quis per regnum papali contributioni consentiret , vel aliquid pecuniae in auxilium ejus transmitteret . quod factum est . illud autem cum audi●et papa , in vehementem iram excanduit , & iterato asperius praelatis scripsit anglicanis , ut sub poena excommunicationis & suspensionis , infra festum assumptionis , nuncio suo apud novum templum londini commoranti , de praedicto auxilio satisfacerent . et cum constanter pararetur , dominus rex stare pro regni et ecclesiae liberatione ( comminationibus comitis richardi fratris sui , et quorundam episcoporum , quorum principalis erat wigorniensis , cui a domino papa concessa fuit potestas terram etiam , ut perhibebatur , interdicendi , ) fractus succubuit et perterritus . unde totus conatus tam magnatum quam episcoporum , et spes de regni et ecclesiae anglicanae liberatione miserabiliter , & non sine multorum cordium cruento dolore , emarcuit adnihilatus , et impune hiatibus romanae a varitiae de memorata contributione est satisfactum . * the pope hereupon taking more boldness than before to trample the english prelates & clergy under his feet , & fleece them ; imperiose & solito imperiofius praelatis angliae demandavit , ut in anglia omnes beneficiati , in suis beneficiis residentiam facientes , tertiam partem bonorum suorum domino papae conferrent , non facientes residentiam , dimidiam , multis adjectis durissimis conditionibus praedictum mandatum restringentibus , per illum verbum , et adjectionem detestabilem , non obstante , quae omnem extinguit justitiam praehabitam . the bishops assembling in convocation to exact it , the king thereupon ( by his nobles advice and instigation ) sent sir john de lexeton a knight , and lawrence st. marin his clark to them , strictly commanding them in the kings behalf , not to consent by any means to this contribution demanded by the pope , to the desolation of the english kingdom . the next year . * vrgente papali mandato redivivo de importabili contributione papali praetacta , ad quam episcopi in generali concilio clerum infeliciter obligarent , fecit dominus rex magnates suos , nec non et angliae archidiaconos per scripta sua regia londini convocari . quo cum pervenissent die ptaefixo , episcopi omnes sese gratis absentarunt , ne viderentur propriis factis eminus adversari . sciebant enim corda omnium usque ad animae amaritudinem sauciri . convenerunt tunc ibidem archidiaconi angliae , nec non , et totius regni cleri pars non minima cum ipsis magnatibus , conquerentes communiter super intolerabilibus & frequentibus exactionibus domini papae , pro quibus & dominus rex non mediocriter compatiendo tristabatur . res enim publica periclatabatur , et commune negotium regni totius agebatur , & imminebat tam populi quam cleri inanis desolatio et cunctis temporibus inaudita . after long consultation , the king and nobles by common advise resolved , to send a remonstrance of all their grievances , together with letters , in the name of the whole parliament and kingdom , to the pope and his cardinals , speedily to redress them ; which letters they sealed with the common seal of the city of london , & thereby obtained some shew of redress , of their grievances , which the nobles further prosecuted and complained of in another parliament the selfsame year . * dominus rex comperiens regnum suum enormiter undique " periclitari ( by the popes , exactions , taxes , oppositions ) " jussit omnem totius regni nobilitatem convocari , ut de statu ipsius tam manifeste periclitantis oxoniae contrectarent . praelatos autem ad hoc parliamentum vocavit anxius , quia videbat eos tam frequenter per papul●s extortiones depauperari , quod frequentia consuetudinem , & regni ruinam manifeste minabatur . sperabatur igitur communiter aliquod salubre ecclesiae , et universitati ibi statuendum , quod tamen omnes fefellit , through the prelates and clergies cowardise , and the kings overmuch compliance with the pope , the nobles only continuing constant in their oppositions against these papal exactions and enormities , being more zealous for the churches clergies & prelates liberties , against the popes intolerable exactions , oppressions , incroachments , than they themselves , and the only persons who manfully and constantly maintained them , when the king , prelates and clergy through fear , cowardise and treachery betrayed and deserted them . * anno . pope urban being much incensed against the barons spoiling the goods of ecclesiastical persons , who were aliens advanced by his provisions , said , that he desired to live no longer but till he had subdued the english ; whereupon he sent a legate towards england , a great person , to wit sabin a bishop cardinal , to interdict the land and excommunicate the barons the oppugners of his provisions . but when he would have entred england , he found he could not safely do it , by reason of the barons resistance ; whereupon citing some bishops of the realm first to ambayonne , and afterwards to bononia , sententiam excommunicationis et interdictionis super civitatem londoniae et . portus , necnon & quasdam personas illustres et nobiles regni fulminatum , commisit exequendam . at illi sententiam illam contra justitiam illatam attendentes , appellarunt ad papam , ad meliora tempora , vel ad generale concilium , necnon et supremū judicē , certis de causis et rationibus commendabilibus : quae postea appellatio , in anglia congregato apud radingum concilio recitata est , et ab episcopis et clero approbata et executa . interdictum autem , licet inviti suscipientes a legato praedicti episcopi secum detulerunt . sed cum applicuissent doveriae , scrutinio ex more in portu facto , int●●●eptum est a civibus , et in minutias dilaneatum jactatur in mare . so little did they then regard , and so much detest and scorn the popes unjust interdict in so just a cause . an. e. . rot. fin. m. . in sched . cook inst . p. . pope gregory by his letters demanding the rent of . marks by the year of k. ed. the . reserved for england , upon his regranting the realm to king john , the king writ thus to him : se sine praelatis et proceribus regni non posse respondere , & quod jurejurando in coronatione sua fuit astrictus , qvod jura regni sui servaret illibata , nec aliquid quod diadema tangit regni ejusdem , absque ipsorum requisitus consilio facere . and the parliament being ended , he could doe nothing without them : who afterwards gallantly opposed his usurpations , as will appear by this following president * king edward the . in the . year of his reign , being summoned by the pope , by himself or his proctors to declare his right to the realm of scotland in his court at rome , where he should receive justice concerning it . the king thereupon called a parliament to consult about it : where he refused to return any answer by himself , but committed it to the earls and other lords of the land to return the pope an answer thereunto . who making a large and learned historical remonstrance of the subjection of scotland and her kings to the kings of england , and of their homage done to them in all ages as their soveraign lords , sent it to the pope , with this notable letter signed ( as mat. westminster and * sir edward cook inform us ) with no less than seals of arms of earls and barons , in the name of the whole parliament and kingdom . sancta romana ecclesia , per cujus ministerium fides catholica in suis artibus ; cum ea ut firmiter credimus et teneamus maturitate procedit , quod nulli praejudicare , sed singulorum jura conservari velit illaesa . sane convocato nuper per serenissimum dominum nostrum ▪ edwardum , dei gratia regem angliae illustrem , parliamento apud lincolniam generali , idem dominus noster quasdam literas apostolicas , quas super certis negotiis conditionem et statum regni ex vestra parte receperat in medio exhiberi , ac seriose nobis fecit exponi . quibus auditis & diligenter intellectis , ita sensibus admiranda quam hactenus inaudita in eis audivimus contineri . scimus enim pater sanctissime , et notorium in partibus nostris , ac nonnullis aliis non ignotum , quod à prima institutione regni angliae , reges ejusdem regni , tam temporibus britonum , quam anglorum , superius & directum dominium regni scotiae habuerunt in possessione , vel capitanei superioritatis et recti dominii ipsius scotiae successivis temporibus habuerunt , nec ullis temporibus ipsum regnum in temporalibus pertinuit , vel pertinet quovismodo ad ecclesiam supradictam . quinimo idem regnum scotiae dicti regni nostri regibus angliae atque sibi faeodale extitit ab ant●quo . nec etiam reges scotorum & regnum , aliis quam regibus angliae subfuerunt , vel subjici consueverunt , neque reges angliae super juribus suis in regno praedicto , aut aliis suis temporalibus , coram aliquo judice ecclesiastico vel saeculari , ex praeeminentia status suae regiae dignitatis et consuetudinis cunctis temporibus irrefragabiliter observatae responderunt , aut respondere debebant . vnde habito tractatu et deliberatione diligenti super contentis in literis vestris memoratis , communis , concors , & unanimus omnium nostrum et singulorum consensus fuit , et erit inconcusse deo propitio in futurum , quod praefatus dominus noster rex super juribus regni scotiae , aut aliis suis temporalibus nullatenus respondeat judicialiter coram vobis , nec judicium subeat quoquo modo , aut jura sua praedicta in dubium quaestionis deducat , nec ad praesentiam vestram procuratores aut nuncios ad hoc mittat : praecipue cum praemissa cederent manifeste in exhaeredationem juris coronae regni angliae , et regiae dignitatis , ac subversionem status ejusdem regni notoriam , necnon ad praejudicium libertatis , consuetudinum et legum paternarum , ad quarum obfervationem et defensionem debito praestiti juramenti astringimux , et quae manutenebimus toto posse , totisque viribus cum dei auxilio defendemus . nec enim permittimus , nec aliqualiter permittemus , sicut non possumus , praemissa tam insolita , tam indebita , praejudicialia , & alias inaudita praelibatum dominum regem , etiam si vellet , facere , seu modo quolibet attemptare . quapropter sanctitati vestrae humiliter supplicamus , quatenus eundem nostrum dominum regem , qui inter alios principes orbis terrae catholicum se exhibet , et romanae ecclesiae devotum jura sua , libertates et consuetudines et leges praedictas abique diminutione et inquietudine pacifics pof●idere , as illibata persistere benignius permittatis . a most noble , heroical , loyal , magnanimous resolution of all the english peers to their king and country , even against the popes incroachments on them , though then their ghostly father . anno . king edward the . * held a parliament ar carlisle , in quae per majores regni graves deposita sunt querimoniae de oppressionibus ecclesiarum et monasteriorum multiplicibus extortionibus pecuniarum , per clericum domini papae , magistrum gulihelmum de testa noviter in regnum inductis ; praeceptumque est eidem clerico de assensu comitum & baronum , ne de caetero talia exequatur ; ordinatum etiam erat quod pro remedio super hiis obtinendo , ad dominum papam assignati mitterentur nuncii . i shall close up this point with one memorable example more , * anno . there being a great difference between king edward the . and his nobles , about his recalling peter gaverston after a double exile by sentence of the lords in parliament , who took up arms to expell him by force , and desired the king to confirm and execute certain ordinances they had made , else they would by strong hand compell him thereunto : hereupon the popes two legates then in england , came with the rest of the prelats of england and earl of glocester to st. albans , to mediate a peace between the king and lords : from whence they sent their clerks to warhamstede , where the barons then lay with their army ; cum literis summi pontificis eis pro pace roganda directis . magnates audientes extraneos eis literas apportate , ipsos quidem pacifice receperunt ▪ sed literas recipere noluerunt , dicentes se non esse literatos , sed armis & militia exercitatos , et ideo videre literas non curarunt . tunc qui missi fuerant requisierunt , si placeret eis habere colloquium cum dominis suis , domini papae nunciis , qui pro pace reformanda personaliter accedere cupiebant . ad haec proceres responderunt , se in regno multos habere probos & literatos episcopos , quorum consiliis uti volebant , et non ex●rancorum , quibus non esset cognita causa commotionis suae ; praeciseque dixerunt , se nullo modo permissuros ut aliquis alienigena vel forensis intromitteret de factis suis , aut quibuscunque negotiis eos tangentibus infra regnum . so much did the lords then slight the popes letters and legates . nuncii domini papae tali modo perterriti in crastino summo manè iter versus londonias maturarunt , qui apud sanctum albanum loci commoditate illecti , moram traxisse per mensem vel amplius cogitaverant . and so intermedled no more therein . * the same year , henry de lacy earl of lincoln , lying upon his death-bed , used this speech to thomas earl of lancaster his son-in-law , heir to . earldoms . quomodo deus eum prae cunctis in regno ditaverit , honoraverit , & gloriae fecerat abundare . quapropter , ait , et deum diligere te , et honorare prae caeteris obligaris . cernis sanctam ecclesiam anglicanam honorabilem quondam et liberam , per romanorum oppressiones , & regum hujus regni injustas exactiones ( proh dolor ) ancillatam . vides & plebem regni tributis & tallagiis apporiatam , & de conditione libertatis in servitutem actam ( a true character of our times , after all our wars for liberty and property . ) cernis regni nobilitatem ( quandoque toti christianitati venerabilem ) jam ab alienigenis in terra propria vilipensam . adjuro te igitur per nomen christi ut virum induas , exurgas , et eriges te ad honorem dei & ecclesiae , et patriae liberationem : adhibeasque tibi virum strenuum , nobilem & prudentem guidonem warwicensem comitem , cum necesse fuerit de regni tractare negotiis , qui & consilio praeeminet et maturitate pollet . non verearis insurgentes adversantes tibi dimicaturo pro veritate . si his meis monitis acquieveris , in aeternum honorem & gloriam consequeris . whereupon this earl , pro relevanda sanctae matris ecclesiae oppressione et recuperanda regni debita libertate , confederated with divers other earls and nobles , who electing him for their general , regni nobilium communi decreti sententia . then they sent messengers to the k. to banish peter g●verston ; which he refusing to doe , they pursued him with their arms , cut off his head , slighted the popes letters and nuncios ; regulated his extortions , and enforced the king to confirm the ordinances they made for the redress of all grievances both in church and state ; with the great charter , laws and liberties of the church and people , in whose defence and quarrel this earl afterwards lost his life . to these i could annex many other such like letters , resolutions , oppositions of our earls , lords , barons in parliament , against the popes usurpations , encroachments , upon the crowns , royalties of our kings , and liberties , * laws , customs of our kingdom , as e. . rot . parl. n. . e. . rot . parl. n. . cooks institutes , p. , . e. . rot . parl. n. . to . e. . c. . e. . c. . & r. . c. . wherein every one of the lords temporal in parliament answered and averred by himself severally and joyntly with the rest , that neither king john nor any other could put himself or his realm or people into subjection or tribute unto the pope , without their common assents : that the submission he made to the pope , was without their assents , and against his oath at his coronation : that if the pope by process or otherwise would attempt to enforce the king or his subjects to render him the services and annual tribute for england and ireland , granted him by king john , they would resist and oppose him with all their power : and moreover , that they will stand with the kings crown and royalty in all cases of the popes usurpations clearly in derogation of the kings crown , & in all other cases which shall be attempted against the said crown and royalty in all points , with all their power ; whose gallantry , loyalty , stoutness , have been the chief means under god , to enfranchise our kings , kingdoms , church , from the manifold antichristian tyrannies , usurpations , oppressions , taxes , vassallages , slavery of domineering popes in all ages , as the premises with other instances sufficiently evidence . and upon this ground it was ( by reason of the popes incessant usurpations in former times upon the royalties , rights , liberties both of the crown , realm and church of england ) that the nobles in our parliaments were in the very writs of summons ever called thereunto , to consult and treat with the king , prelats , lords and great men of the realm , of certain weighty and arduous affairs concerning the state and defence of the realm , et ecclesiae anglicanae , and the church of england ; the defence of the church as well as realm against the popes incroachments , being one chief business of our lords and greatmen in our parliaments ; which now it seems is no part of our new-modelled parliaments , as some stile them ; there beieg neither dei gratia , nor statum & defensionem ecclesiae anglicanae to be found in any of their new writs that i have seen ; which had been an impious insufferable omission in all former ages : this clause engaging our peers so stoutly to resist the pope as the premises demonstrate : which good service of theirs hoth in common justice , reason , equity ; merited a place and vote for them and their posterities in all our english parliaments , without any popular election . before i proceed to the next reason of our lords sitting in parliament , i shall earnestly importune , yea adjure all the antient earls , barons , nobles and great men of our realm ; with all who have lately been , or pretend to be any knights , citizens , burgesses of real or pretended parliaments , our late and present swaying grandees ; and all lawyers , gentlemen , freemen of our english nation , seriously to review , and cordially to ponder all the forecited memorable presidents of their noble gallant publike spirited ancestors , here recited and bundled up together for their information , reformation , and undelayed imitation in this and the precedent reason , both in procuring , regaining , reestablishing the great charters of our fundamental liberties , rights , properties , freedom , with solemn new publications , excommunications , execrations , oaths , confederacies , penalties , laws , edicts , for their own and their posterities benefit ; in denying , opposing , resisting all unreasonable or illegal aids , subsidies , tenths demanded , intreated of , or exacted from them by our kings upon real or pretended necessities , wants , wars , or defence by sea and land ; their bold , frequent , unanimous , magnanimous reprehensions of our kings and their evil counsellors to their faces , for their exorbitances , misgovernment , exactions , oppressions , violations of their great charter , laws , liberties , privileges , oaths , promises , and unnecessary warrs , or expences without their publike counsel or advice : in their resolute inflexible unanimous resolutions , oppositions both in and out of parliaments , against all illegal papal encroachments , usurpations , exactions on the rights , privileges of the crown , kingdom , church , parliament , clergy , people , upon every fresh occasion ; and in their vigilant , indefatigable zeal , earnest care , diligence , with the hazard of their limbs , lives , liberties , estates , and effusion of their bloud for the publike liberty , freedom , ease , weal , good government of the nation , according to those wholsom charters , laws and ordinances , which they procured for that end , with much industry , strife and opposition in many successive parliaments . and then let them all with confusion of face , consternation of spirit and grief of heart seriously consider how stupendiously , monstrously and incredibly they have all for near ten years last past , most desperately apostatized , degenerated both from the heroick , noble , gallant , memorable presidents , practices , courage , zeal of these their renowned ancestors in every of these particulars , and from their own praiseworthy actions , remonstrances , councils , parliamentary and military proceedings of like nature under our two last kings , out of unworthy , un-english , unchristian cowardize , fear , self-love , sluggishness , sottishness , supineness , after all their late solemn publike protestations , remonstrances , declarations , vows , oaths , leagues , covenants , near ten years bloudy intestine wars , the overprodigal expence of many millions of treasure , and whole oceans of precious christian , protestant english bloud , for the real , or at least pretended defence alone , and maintaining , secuting those antient undoubted fundamental great charters , laws , liberties , properties , privileges and rights of parliament , & exempting us from all future arbitrary , tyrannical , illegal exactions , taxes , excises , imposts , imprisonments , restraints , exiles , and executions ; which they have now all most ignobly submitted to without the least manly publike or private opposition , contradiction , or care , activity to break off those iron yoaks of bondage , and intollerable , perpetual burdens ; which some impudent intruders , and new aegyptian tax-masters have most illegally imposed on them , as if they were all resolved to renounce all their former great charters , laws , liberties , privileges , and rights of english nobles , parliamentmen , freemen , and to becom the basest bondslaves under heaven . so that if these our nobles ancestors should now rise from the dead , they might justly stand amazed at this their ignoble , slavish cowardize , and universal degeneracy , yea disclaim them as spurious , and none of their heroick english progeny , and they all may justly demand this question from themselves : whether they be the genuine offspring of these their noble ancestors , or natural freeborn english peers or freemen , and not rather the degenerate off-spring of russian vassals or turkish gally-slaves , who never knew what english freedom was ? as if now born only to the greatest servitude and bondage that ever mortals voluntarily submitted unto , through pusillanimous fear or baseness : for alas , where is the nobleman , knight , citizen , burgess , lawyer , gentleman or english freemen to be found , who now dares manfully to claim , plead , avow , defend , or contend for the undoubted rights and privileges of his own * peerage , or our parliaments , the famous grand charters of his own and the nations liberty and freedom , either in or out of parliament , after so many old , late military and parliamentary contests , acts , oathes , excommunications , remonstrances , declarations , protestations , vows , leagues , covenants for their inviolable maintenance and defence in every article , especially those which concern peerage , liberty , property , freehold , life , the members , privileges of our parliaments ? and that not only against their soveraign and superiors , with whom they formerly contested ; but even against those late or present domineering army-officers , and vpstaris , who but a few years since were not only their fellow subjects , but their inferiors in all respects , yea their mercinary servants , hirelings , and mechanicks of the lowest rank ? or against the meanest publicans , officers or excise-men , governors of our new-moulded common-wealth , who have trampled our great charters , laws , liberties , properties and parliaments themselves under feet , and not only scorn , deride , but disgust the very name and mention of * magna charta , as offensive to their lawless tyranny , and repute the urging of it to controll their arbitrary proceedings , encroachments , taxes , excises , little less than a capital offence . for proof whereof , i shall instance in one particulat . in august . during my close imprisonment in dunster castle , by mr. bradshaw and his whitehall associates lawless warrant , there came an order from them , and the committee of the militia of somersetshire , with near pioneers of the county , to slight and demolish that castle to the ground , without giving mr. george luttrel , then owner thereof , the least notice . who thereupon was advised by his councel , to send a petition to whitehall to stay the execution . the petition then drawn by his council being long and imperrinent , i did at his wives request , draw up another short one for him to this effect . that dunster castle , was the antient inheritance and chief seat of his ancestors and himself , of which many manors were held by knight service and castle-gard ; that his father fortified and held it for the parliament at his own charge ; for which he was kept and died a prisoner under the king : that his vncle ( who was slain near the castle ) and himself , were both colonels for the parliament , serving them gratis without any pay , for which the kings party had sequestred his estate , felled his woods , seised his rents to the value of ten thousand pounds at least ; that the castle was regained from the kings party principally by his means , being his only mansion house : which if now suddenly pulled down , he and his family must lye in the streets , and he sustain at least thirty thousand pounds new damage by it , instead of a recompence for his former losses and publike unmercenary services , which would expose both himself and thē to the obloquy of their malignant enemies . he thereupon humbly prayed , that according to magna charta , he might not be disinherited or disseised of this his freehold , without any hearing or legal trial , by this their order , but that they would suspend or revoke it . this petition being sent to london was delivered to a great lawyer , ( one of mr. bradshaws associats , and a then sitting member ) to present ; who commanded the very name and mention of magna charta only to be struck out , and the rest of the petition to be new written , because the very name of it would give offence or distaste to the covncel at whitehall , as he affirmed . which i then found true by experience , my insisting on it in my * letters to them to demand my liberty , being so offensive , that they would neither answer , nor read my letters but with indignation . how others in late and present power have vilified and contemned the great charter , the petition of righr , and all other laws in confirmation of it , by dissolving the house of peers , making and unmaking new forms of parliaments at their pleasures , condemning , beheading peers and others in new misnamed high courts of justice , without trials by their peers , imprisoning , close imprisoning , confining , banishing , sequestring , disinheriting , disofficing nobles , parliament-men , and all sorts of freemen at their pleasures , without any lawful cause , hearing or legal trial ; by breaking up and ransacking their houses by armed soldiers day and night , seising their horses , arms , letters , papers , denying to grant them when imprisoned habeas corporaes , or to return them when granted , or bayl them when returned ; by imposing intollerable , uncessant taxes , excises , imposts , payments , penalties , sequestrations , forfeitures , treasons , exiles , restraints , engagements , disabilities on the people ; by * commanding all courts of justice in their new commonwealth , and all judges and justices of the same , sherifs , committee-men , attornies , sollicitors , and all other persons , without any opposition or dispute whatsoever , to conform themselves to their most tyrannical ordinances touching taxes , imposts , excises , ( though so much * decried condemned by two parliaments and themselves ) authorizing their excisemen and agents to levy their illegal new kind of impositions by ex officio oaths , distresses , fines , forfeitures , sequestrations , seisures both of their real and personal estates , breaking up of their houses , ( which must stand open to their searches day and night , without opposition ) by imprisonment of their persons , by indemnifying all officers who shall thus illegally abuse them , giving them good costs and damages if sued , staying all their actions at law for their just relief , and imprisoning all such lawyers as grand delinquents , who shall dare to move for their liberties , or plead their causes , ( which not one dares doe since mr. conyes late case . ) and how our new-modelled parliaments ( as some stile them ) instead of complaining against and regulating these tyrannical oppressions , exorbitances , taxes , ordinances , excises , and reprehending the authors of them to their faces , have countenanced them by their stupid silence , confirmed them by new edicts , yea made it their principal business to burthen our . whole nations with perpetual , endless , illegal new taxes , excises , imposts , customs , payments unheard of by our ancestors in any former ages ( amounting to more thousands , millions in one year , than king henry the . whom the barons so much opposed and complained against for exactions , levied upon his subjects by way of tax or ayds , in all his years reign : ) yea to null the great charter it self , with all our fundamental laws , liberties , and the privileges , essence of parliaments themselves , by secluding , disabling what members they please from sitting , by depriving the people of their votes , freedom in electing members , both in antient boroughs and counties ; by subjecting them to new imprisonments , forfeiteres of estate , life , and trials by marshal law in sundry particulars , against this charter , instead of easing them of their long-continued , illegal taxes , excises , imposts , imprisonments , confinements , &c. confirming their former liberties , franchises , properties , parliamentary privileges , punishing the manifold high violations of them , with those ill councellers , projectors , who were the chief contrivers of these intollerable grievances , and resuming the antitient dissipated lands , revenues of the crown , which should defray al publik , ordinary expences : yea , how instrumental some of them have been to promote the desperate * designs , practises , conspiracies of the pope and jesuits themselves ( now swarming amongst us , under sundry disguises ) to ruine both our kings , parliaments , church and state , is so experimentally visible , and well known to them all , that i hope the consideration thereof , compared with the forecited presidents of our noble ancestors and parliamen●s , will strike such a confusion of face , such a compunction of heart into them for this their degeneracy , apostacy , and breach of publike trust , that they will now at last , to regain their own lost reputations , publikely renounce and abhor their former exorbitances , and study to equalize & out act those their heroick predecesors , by regaining re-establishing our lost great charters , laws , properties , liberties , parliaments , privileges , peerage , and make us once more a free , & thereby a happy and united kingdom , church , nation , that so they may be deemed worthy to sit , vote in our future parliaments . it is † storied of our renowned , victorious , warlike king edward the . that in a parliament held at westminster in july . he ascended upon a wooden scaffold before the great hall there , with his son prince edward , the archbishop of canterbury , and earl of warwick , and there before all the people standing by ; erumpentibus lach ymis veniam de commissis humiliter postulavit ; dicens , se minus bene & tranquilliter quam regem deceret ipsos rexisse , portiunculas facultatum suarum , quas sibi dederaut , seu quas ministri ejus ipso inscio extorserant , ideo acceptasse , ut in ●ur●osos hostium conatus , sitientium sanguinem anglicanum , sumpta rei publicae particula massa quietius possidendo , potentius expugnaret . et addens , ecce expositurus meipsum discrimini propter vos , peto si rediero , suscipiatis me velut in presentia habetis , & ablata omnia reddam vobis , &c. if our late or present all-swaying governors , officers , swordmen , will now make but the self same ingenuous acknowledgement as he , before all the people , that they have not governed them so well and peaceably as they should have done , and became them to do ; that they and their officers have much oppressed , extorted from them , not small but great sums of money , by undue and exorbitant means against their wills , though with a publike intention , to conquer those enemies more effectually who thirsted after english blood , for whose safety they are still ready to adventure their lives : that they have sought their own wealth , advantage , honour , preferment , more than the publike or peoples welfare ; & thereupon shall with weeping eyes humbly beg pardon of the whole nation , and those particular persons they have any ways ruined or oppressed , and promise them full reparation of their injuries , and what ever they have unjustly taken from them , as this noble king edw. did , and confirm and enlarge all their great charters , laws , liberties , as fully as freely as he then did , upon his nobles importunity , they may then expect that reciprocal love and dutifull respect to them , as the archbishop with the people then promised to king edward and his son , with stretched out hands , and be deemed worthy to sit and vote in parliament , notwithstanding their former miscarriages exorbitant arbitrary ordinances and provisions , of which if they repent not , i fear in conclusion what * matthew westminster records of the barons provisions at oxon. lewes and london , will be recorded of them , to posterity ; haec de provisionibus imo de proditionibus oxon , lewens . & londini , dicta sufficiant , & quae variis aequitatis , & justitiae fictionibus dealbatae , intus autem plenae versutiae provisores suos pessime prodiderunt , which some of our late swaying republican legislators have already found true by sad experience . fourthly , our (o) nobles are persons of greater estates , families , fortunes than others , contribute most to all publike taxes , charges , and have more to keep and lose than other ordinary commoners ; and therefore in respect of themselves , their families , kinred , tenants , reretainers , allies , have greater interest in the common-wealth and state affairs than they : we see by common experience in all kingdoms , nations , and our own realm , that mens great estates innoble , and inable them to bear publike titles , places of honour , dignity , trust , power , as to be lords , knights , esq . privy counsellors , justices , sherifs , mayors , aldermen , and the like , which persons of mean fortunes , unable to support these dignities , offices , places of trust and expence likewise , are uncapable or unable to bear or manage : wherefore our ancestors thought it meet , just , equal that they should have this privilege among others above ordinary commoners , to be present in all our parliaments by patent and tenure only , and that of right ex debito justitiae ; not by election , as knights , citizens , and burgesses are , being persons of meaner , estate , quality ; and present in parliament only , in the right of others who elect them , not in their own rights , as the lords are : whose estates antiently were , and still are far more worth , yea their publike payment greater , than many whole burroughs put together ; and their families , retainers , followers , far more in number . and so their engagements to maintain the laws , liberties , properties of the subject , farr greater than inferiour mens . upon which ground all barons and peers of the realm , in cases of debt and * executions are free from arrests of their bodres , because by reason of their estates , and dignities the law intends , they have lands and assets to satisfie all their debts . fifthly , it is one principal property of members of parliament to be (p) constant , stout , inflexible , and not to be bowed or turned from the right , the publike good , or liberties , by fear , favour , promises , rewards . now peers of noble birth ; education , and more generous heroick spirits than the vulgar sort of men , are not so apt to be over-awed with regal threats , terrified with menaces , tempted with honours , preferments , wealth , ( which they already injoy in a higher proportion than others ) nor seduced with rewards and privat ends from the common good and interest ( wherein their honour , wealth , safety are imbarqued ; ) as ordinary commoners , and men of * meaner rank and fortunes are , which experience of former ages , and this present manifests . therefore it was thought just and reasonable by our ancestors , that the nobles in this regard should sit in all our parliaments in their * own rights , without the peoples election ▪ and to leave the people to elect such other persons to represent , assent and vote for them in parliament , in whom they most confided . sixthly , our peers in parliament * ( though they there serve for the good of the whole kingdom , which hath always trusted to them , in matters of counsel , judicature , and making laws ) yet they represent no persons but themselves only , or their families , tenants , friends , and allies which depend upon them , and bear their own expences ; which are so great and chargeable , that the † abbot of st. james without northampton , in the parliament of e. . and the abbot of leicester in the the of e. . being summoned to parliament , petitioned and procured themselves and their successors to be exemped from any future summons to , and attendance in the lords house , as barons of the realm , both because they held no lands of the king by barony , but only in frank almoign , and their predecessors had not formerly or usually been summoned to parliaments , sed vicibus interpolatis only ; and likewise , because it would tend to the great grievance and loss of them and their houses , and much impoverish them , by reason of the great expence it would bring upon them : one peer , and his retinue expending more every parliament than the wages of or knights and burgesses amount to . wherefore there is no shadow of reason why the people should elect them , since they doe not represent them , nor pay them wages , as they doe to their knights , citizens , burgesses , who serve for , and represent them . wherefore their levelling oppugners may as well argue , that our nobles ought to be elected by the people to their honors , lands , estates which descend unto them from their ancestors , not from the common people , as that they ought to sir in parliament by the peoples election ; only to represent themselves in their own right , not the people . and that the knights of the shire ought to be elected to their dignity of knighthood ( which the king only confers on them ) or to their lands and freeholds , which they enjoy in their own right , because they are elected by the free-holders to sit in parliament in their right who elected them , nor their own alone , which barons doe not . ly . on these grounds the suppressing , debasing , captivity or slaughter of the princes , lords , and nobles of a kingdom or nation , is by god himself defined to be , an immediate forerunner , concomitant , cause of the kingdoms , nations ruine , and slavery , and a matter of great lamentation . ezech. . . . c. . . lam. . . c. . . c. . . prov. . . c. . . . eccl. . , . isay . . . &c. c. . , , . c. . . c. . . jer. . . c. . . c. . c. . , . c. . . , , . c. . . hos . . . amos . . c. . , . kings . . mich. . . chron. . . jer. . , . and the continuing of kings , princes and nobles , in honour and power in any kingdom and nation , are reputed and resolved by god to be the greatest honour , happiness , defence , safety and preservation of that kingdom and people . jer. . , . c. . eccles . . . jer. . . psal . . , . prov ▪ . , . isay . . . chron. . . &c. c. . . &c. c. . , . gen. . . . c. . . sam. , . chron. . . c. . , . &c. chron. . . c. . . kings . , . chron. . , . king. . , . kings , . chron. . . . , . c. . . . numb . . . ezech. , , . mich. . . c. . . therfore they cannot be rejected suppressed by us now , without apparent danger , ruine and desolation to our kingdom , whatever frantick levellers and others fancy to the contrary , who would be more than kings and lords themselves over the nation , could they once suppress both king and lords , as they design and endeavour . by all which premises it is most apparent , that our lords and barons sitting , voting in parliament , ( who if you take them poll by poll , have in all ages been more able parliament-men , states-men in all respects , than the commons , though chosen by the people , who alwayes make not choice of the best and wisest men , as experience manifests ) is not only just , lawfull in respect of right and title , but originally instituted upon such grounds of reason , justice , equity , policy , as no rational understanding man can dislike or contradict , but must subscribe to , as necessary and convenient ; and so still to be continued , supported in this their right and honour , to † moderate the excesses , encroachments both of king and commons one upon the other , and keep both of them within their just and antient bounds , for the kingdoms peace and safety . the rather , for that the very act made this parliament for the preventing of inconveniences happening through the long intermission of parliaments , not only enacts , and requires , all the lords and barons of this realm , to meet and sit in every parliament , under a penalty ; but likewise prescribes an oath to the lord keeper and commissioners of the great seal under severe penalties to send forth writs of summons to parl. to them all , and in their default , enables and enjoyns the peers of the realm , or any twelve or more of them , to issue forth writs of summons to parliament under the great seal of england , for the electing of knights , citizens and burgesses : which act will be meerly void and nugatory , if their votes and right to sit in parliament be denyed , or the house of peers reduced to the house of commons , which this very statute doth distinguish . now whereas our whimsical lilburnists and levellers object ; that the lords have no right to sit or vote in our parliaments , because they are not elected as knights and burgesses by the people , under which notion alone , when thus elected , they will admit them a place and vote in the commons house , but not otherwise . i must inform these ignoramusses , that by the laws , statutes of our realm , and the custom , resolution of our parliaments , the earls , lords and barons of the realm , are altogether uncapable of being elected knights or burgesses to serve in parliament , and their elections as such ; meerly void and null in law to all intents . this is most apparent , . by the very words of the writs of summons to the lords : whereby they are summoned * nobiscum & cum caeteris praelatis , magnatibus et proceribus dicti regni nostri , colloquium habere & tractare &c. vestrumque consilium impensuri , &c. not to treat , conferr , and consult with the knights , citizens and burgesses . . by the express words of the writs for the electing of knights , citizens and burgesses , which have the same clause ; and then enjoyn the sherifs to cause to be elected and returned , duos milites , magis ido●eos & discretos comitatus praedicti , & de qualibet civitate duos cives , & de quolibet burgo duos burgenses de discretioribus & magis sufficientibus , &c. ad faciendum et consentiendum hiis , quae tunc , &c. which disables them to elect any lords or barons ; being no such knights , citizens or burgesses as the writ enjoyns them to elect and return . . by all the statutes for electing knights , citizens and burgesses recorded in rastall , tit. parliament ; the lords being not within their words or intention . . by the great charter of king john , and express statutes of r. . stat. . c. . h. . c. . & rot. par. n. . which disable them to sit amongst the commons , but only in the lords house among their peers . . by the very words of the patents of their creation , which authorize and prescribe all dukes , earls , viconts , barons in direct terms , * quod in omnibus tenerentur , tractentur et reputentur ut duces , comites , barones , & quod haeredes sui masculi et eorum quilibet , habeat , teneat , & possideat sedem , locum et vocem in parliamentis , publilicis comitiis et consiliis nostris , haeredum et successorum nostrorum infra regnum nostrum angliae , inter alios duces , comites et barones ( not amongst the knights , citizens and burgesses , ) ut duces , comites et barones parliamentorum , publicorum comitiorum et consiliorum ; not as knights , citizens or burgesses . . by sir edward cooks institutes , p. , . and mr. seldens titles of honour , p. , . who resolve , that a baron or lord of parliament , is not eligible to be a knight , citizen or burgess of the house of commons , as was resolved in the case of thomas camoyes , who was not only a baronet , but also a baron and lord of parliament . the lord camoyes being elected by the freeholders of the county of surrey for one of the knights of the shire to serve in parliament for them , anno r. . thereupon the king by advice of council , declared his election to be null and void in law , and commanded a new election of some other fit person to be made in his place , by this memorable writ , extant on record . † rex vicecomiti surriae salutem . quia ut accepimus tu thomam camoyes chivaler , qui baronettus est , sicut quamplures antecessorum suorum extiterunt , ad essendum unum militum venientium ad proximum parliamentum nostrum pro communitate comitatus praedicti , de assensu ejusdem comitatus eligisti . nos advertentes quod hujusmodi baronetti ante haec tempora in milites comitatus ratione alicujus parliamenti elegi minime consueverunt , ipsum de officio militis , ad dictum parliamentum pro communitate comitatus praedicti venturi , exonerari volumus . et ideo tibi praecipimus , quod quendam a●ium misi em idoneum et discretum , gladio cinctum , in loco ipsius thomae elegi , et eum ad diem et locum parliamenti praedicti venire facias , cum plena et sufficienti potestate ad consentiendum hiis quae in parliamento praedicto , sicut juxta renorem prioris brevis nostri , tibi pro electione hujusmodi militum directi , et nomen ejus nobis sciri facias . teste rege apud westmonasterium octavo die octobris . ly , both houses of parliament in their * remonstrance , of nov. . . declare and publish in print to all the world , this to be so clear and fundamental a privilege of parliament , that no member of either house of parliament is to be taken away or detained from the service of the house whereof he is a member , until such time as that house hath satisfaction concerning the cause , and the cause be heard in parliament first , and dismissed from it , that the whole freedom of parlament dependeth upon it , for who seeth not that by this means under false pretences of crimes and accusations , such or so many members of both or either houses of parliament may be taken out of it at any time by any persons to serve a turn , and to make a major part of whom they will at pleasure . so as the freedom of parliament dependeth in a great part on this privilege : yea without it , the whole body of the parliament will be destroyed by depriving it of its members by degrees , some at one time , and others at another time , as both houses further remonstrate in their * declaration of october . . which , as it infallibly demonstrates , that the lords house or members cannot be taken away , or taken from them against their wils , without the destruction , subversion of the whole parliament , of which they are chief members , the judicial power of parliaments residing principally in that house , if not wholly . so it likewise clearly resolves , that no peer or member of the lords house can be elected a member of the commons house : for if the election of the freeholders , citizens or burgesses of any county , city or borough of a duke , earl , lord or baron of the realm to be a knight , citizen , or burgess in parliament should be valid in law , to make them legal , actual members of the commons house , it would then lie in their powers to un-peer , un-lord and degrade any nobleman , yea all the earls , peers , lords , barons of the realm and their posterity at their pleasures , to reduce them and the whole house of peers into the commons inferiour house , and so quite dissolve the lords house , in high affront , dishonor of the lords and their house , and of the kings soveraign royal authority , the fountain of all honor : and that without any legal trial , or judgment by their peers , or just cause of degradation on their parts , against the express words and meaning of magna charta , c. . and if any lords upon such elections should so far degenerate , debase or degrade themselves , as to accept thereof , and ignobly sit and vote as members of the commons house ; both they and their posteritie● for such an ignoble act meritoriously deserved , to be for ever degraded from their nobility , and secluded from all future sitting in the lords house as peers , becoming thereby the very shame , scorn , scandal of nobility , fit only to be ranked with the basest peasants , to whom these levellers would now equallize them . yea , it would be now no less than wilfull perjury in any freeholders , citizens , burgesses to elect them knights or burgesses , and in themselves to accept of such elections when chosen ; and in the whole house of peers and commons too , once to permit , allow , approve or connive at such elections ; after their late protestation , vow , and solemn league and covenant , to maintain to their power , the rights , privileges of parliament , and both houses of parliament ; whereof this is an unquestionable right and privilege ; that no member of the lords house should be elected a knight , citizen , burgess , or brought down from thence to sit only as a commoner , in the commons house , so long as he continues a peer or member of the lords house ; ( a distinct house from , and superior to the commons house in all ages , as its title of the † lower house , and their standing alwayes bare before the lords , with other evidences demonstrate ) nor any knight , citizen or burgess , a true real member of the house of peers , * unless a peer by birth or creation ; those who are called to it only by general or special writs , not being formerly for life or inheritance peers , nobles , or holding by barony of the king , being only * assistants to the lords , as the judges and others usually are not members having votes . it is the opinion of * sir edward cook in his institutes on littleton , that if the king call any layman to the vpper house of parliament generally by his writ ( which he there recites ) that this alone doth create him a baron and lord of parliament in fee simple , without the word heirs , and ennoble both himself and his heirs after him , so as to make them hereditary barons . and this is the received opinion of most grandees of the law , relying only upon his bare ipse dixit , though sometimes mistaken in his judgement , and frequently in his records and presidents whereon hee grounds his opinion ; although he cites no president nor record at all to make good his assertion in this case . but under the favour of this great oracle of law , i conceive this opinion of his to be no law at all , but a meer mistake , for these ensuing reasons . . because there is not one word or syllable in this general writ of summons , that gives him either the name , title , honor or dignity of a lord or baron of the realm : therefore it cannot in law or reason create him such a one . if he were a knight , an esquire , a master , or gentleman , or judge , when the writ was directed to him , it gives him only that title , and summons him only by it : without stiling him a lord , baron , earl , viscount or peer of the realm at all : therefore it cannot ennoble nor create him one ; much less ennoble his posterity and give him an hereditary barony without the word heirs , since the writ is only personal , directed to himself alone . . because the kings end and intention in summoning him to parliament by this writ is not to ennoble and create him a lord , peer , or baron , much less to ennoble his posterity after him , but only to consult and treat with him , and the prelates , lords , and nobles of the realm , concerning the affairs there propounded : as this clause of the writ demonstrates ( which only must ennoble him and his heirs , if any ) to come to the parliament at such a day and place , that so the king may vobiscum with him ( not his heirs ) & cum praelatis , magnatibus , & proceribus dicti regni nostri colloqu●um habere & tractatum : which word , vobiscvm , being distinguished from cum praelatis , magnatibus & proceribus regni , can not possibly create him , a lord or baron , no more than a prelate of the realm ; the rather because the word baro , is not in the writ . neither can the following clause create him one ; viz. dictis die & loco personaliter intersitis nobiscum , & cum praelatis , magnatibus & baronibus supradictis , super dictis negotiis tractaturis , vestrumque consilium impensuris : because it neither gives him the name nor stile of a lord or nobleman , much less of a baron , no more than of a prelate : and summons him , not to be a lord , earl , prelate or baron of the realm , but to be personally present with them ( which he may be , though a private person , and no lord ) and to treat and give his advice with them concerning the businesses there propounded , the only end for which he is summoned ; not to be their fellow peer , lord or baron . so that it is against all sence and reason to aver , that such a general writ as this can create himself , much less his posterity lords or barons of the realm in perpetuity . it is a rule in law and oft resolved , * that the kings grant shall not inure to two intents , nor pass or give two things at once , especially when one of them only is expressed , the other not : therefore this writ of the king shall not-doe it , to create the party summoned a baron meerly by implication , which is not expressed : and to summon him to conferr , treat and give his advice in parliament , which is the only thing intended and clearly expressed . ly , the writ summons him only to that particular parliament then to be held at one certain day and place ; not to any other , much less to all future parliaments to be held : therefore it cannot create him and his heirs hereditary barons and members of the lords house , no more than the writ for electing knights , citizens and burgesses for that particular parliament , makes them and their posterity , knights , citizens and burgesses of parliament for perpetuity : it being both contrary to the words and intention of the writ , to make him , much less his heirs , members of all succeeding parliaments , to which they must still be summoned by new writs . ly . no lord or baron is or can be legally created , but of some particular place , town , city , or the like , whereof he is stiled earl , lord , or baron : but the general writ of summons gives him no such particular stile or title of dignity ; confined to such a certain place . therefore it cannot create him either a lord or baron , or if it doth it must be sine titulo , which were absurd . ly . no duke , earl , when created viscount , lord , or baron , is or can be created a peer of the realm by the kings letters patents for life , in tayl , or see simple , without expresse words in the patent creating him such a one for life , or him , and the heirs males of his body , or his heirs in general , dukes , marquesses , viscounts , earls , lords or barons of such a particular place ; as all their patents ( whereof you have sundry presidents in mr. seldens titles of honour , lib. . ch . . throughout ) and our books of heraldry plentifully manifest ; and in all late patents of creation since h. . of any dukes , marquesses , earls , viscounts , or barons , there is a special clause inserted , enabling them and their heirs males , and every of them , to have hold and possess a seat and place in the parliam . of us , our heirs and successors , within the realm of england , among other dukes , marquesses , earls , viscounts , lords and barons of the realm , as a duke , marquesse , earl , viscount , lord , or baron , as * mr. selden and their patents inform us , and i have formerly touched p. . if then the king by his letters patents cannot create men nobles and peers of parliament for life , in tail , or see simple , without these special and particular clauses ; then by the self same reason he cannot create them such by his writ , unlesse it hath such special words and clauses in it , and not by the general writ of summons forementioned , wherein there is not one clause or syllable tending to such a particular , personal , or hereditary creation . the rather because * sir edward cook himself confesseth , that the creation by letters patents is the surer , though by writ be the antienter way ; for he and his posterity may sufficiently be created and made noble by letters patents , though he to whom they were first made never sate in parliament . whereas this writ hath no operation or effect to enoble him or his posterity , unless and until he actually sit in parliament ; for if he die before he sit , or sit not at all , neither he nor his issue are noble . this distinction and concession of his contradicts his former opinion , that the writ it self doth not ennoble the person and his heirs ; for if it did , then he and they should be ennobled by it , though he died before he ●a●e in parliament , because they are thus ennobled by letters patents which create them nobles or peers , and make them actually such , though they never sit in parliament . ly . sir edward cook in his institutes , p. , . thus resolves . if the king by his writ calleth any knight or esquire to be a lord of the parliament , he cannot refuse to serve the king there in communi illo confilio , for the good of his country . but if the king had called an abbot , peer , or other regular prelate by writ to the parliament to the common council of the realm , if he held not of the king per baroniam , he might refuse to sit in parliament , because quoad secularia , he was mortuus in lege , and therefore not capable to have a voice or place in parliament unless he did hold per baroniam , and were to that common council called by writ , which made him capable . and though such a prelate regular had been often called by writ , and had de facto , had place and voice in parliament ; yet if in rei veritate he hold not per baroniam , he ought to be discharged of that service , and to sit no more . † for that the abby of leicester was founded by robert fitz robert earl of leicester ( albeit the patronage came to the crown by the forfeiture of simon de mountford earl of leicester ) yet being of a subjects foundation , it could not be holden per baroniam , therefore the abbot had no capacity to be called to the parliament , and thereupon the king did grant , quod idem abbas & successores sui de veniendo ad parliamentum , & concilia nostra , vel haeredum nostrorum quie●i sint , & exonerati in perpetuum . but all these cases abovesaid , and others that might be remembred touching this point , as little rivers do flow from the fountain of modus tenendi parliamentum , where it is said , ad parliamentum summoneri & venire debent ratione tenurae suae omnes & singuli archiepiscopi , episcopi , abbates , * & barones , priores & alii majores cleri , qui tenent per comitatum vel baroniam , ratione hujusmodi tenurae , & nulli minores nisi eorum praesentia necessaria & utilis reputetur . to which purpose he likewise cites the act of parliament of h. . called the assize of clarindon , and the great charter of king john in the year of his reign here forecited , p. , , . for modus tenendi parliamentum ( here so much magnified ) i have already p. sufficiently discovered it to be a late forgery , and imposture out of the very treatise it self , by undeniable proofs , which i wonder sir ed. cook , mr. agar , and other pretended judicious antiquaries observed nor , being so obvious ; yet though it be an imposture and erronious in other things , i shall grant it true in this particular here cited . as to the point in controversie ; had sir ed. cook here thus distinguished in the case of laymen , knights , esquires , as he doth in case of abbots , priors , and religious persons , that if the king had by his writ called any laymen , knight ot esquire to the lords house of parliament by his general writ , who held of him in fee or fee tayl , per baroniam , and was a baron by tenure , that this had enobled him and his posterity as barons , & he could not refuse to serve the king as a baron in this common councel for the good of his country ; his opinion might have passed for good law : for such who had lands in fee , or fee tayl of the king by an intire barony , being barons and peers of the realm by their very tenures , ought of right , by the express words of the statute of clarindon , the great charter of king john , and by the common law and custom of the realm , to be summoned as barons by the kings special writs directed to them , to all parliaments and great councils of the realm , by vertue of their tenures , as well as bishops , abbots , peers , and other regular prelates who held by barony ; yet the writ in this case doth not make them and their heirs barons by writ , nor give them a right to sit and vote in parliament ; but only declare them and their heirs to be barons , and to sit there as barons by their tenure , not by vertue of the writ it self . but if the king by this general writ summon any layman , knight or esquire to the lords house , who holds not by barony , this doth no more make him a lord or baron in perpetuity to him and his heirs , nor no more oblige him or his heirs to sit there than abbots , but that they may refuse to serve in parliam ▪ if he were no peer before , being not obliged by any law to sit and serve therein as a baron or member of the house of peers , by the writ alone , which doth not bind an abbot , prior , or regular prelate , or ennoble him and his successors to be peers and barons of the realm , though they hold only by frankalmoign , not by barony : the tenure by barony being that alone which obligeth both of them to sit and serve in parliament , unlesse they be created dukes , earls , viscounts , lords , peers , or barons by patent , or else by a special wrir , wherein the estate and dignity of a baron is both created and limited , as in the * writ that created sir henry de bromflet baron of vescey , in the year of king henry the where after the nullatenus omittati● , this cl●se is inserted , volumus enim vos & haeredes vestros ma●culos de corpore vestro legitime exeuntes barones de uescy existere , teste , &c. if a layman who holds not by barony be created a duke , earl , baron , or other peer of the realm for life , in tayl , or in fee by letters patents , or an abbot or prior who holds not by barony , and his successors be created lords of parliament , by a special patent of the king , as (p) richard banham abbot of tavestoke , and his successors were b● king hen. the . to whom the king gran●ed by special words , ut eorum quilibet qui pro tempore fuerit abb●s , sit & erit unus de spiritual●bus & religiosis dominis parliamenti nostri haeredum & successorum nostrorum , gaudendo honore● privilegio , & libertaribus ejusdem : this obligeth them to appear and serve in parliament upon every writ of summons , and they their heirs males and successors cannot refuse to serve , or voluntarily absent themselves without cause or license , under pain of being fined , and otherwise punished for their contempt , because bound therto by their voluntary acceptance of such a special patent and dignity . but if they be summoned only by a general writ , against their wills being no lords of parl. by special patent or writ before , this doth neither make the one nor other barons , nor enn●ble their heirs males , or successors , nor oblige them to serne , nor subject them to any fine for contempt ; for then the king by his writ might summon all the knights , esquires , gentlemen , and any other commoner , freeman , lawyer , clergy man of the realm to the lords house , as a member at his pleasure , and fine them for a contempt in not appearing , and thereby increase that house in infinitum , and make it a mungril house of all sorts of degrees and professions of men , instead of a● house of lords , to its utter subversion , against the fundamental constitution and privilege of that house ; therefore such writs of summons must be void and null in law , as well as the patent to abbot banham ( as * sir ed. cook asserts it ) for that he was neither baro , nor held per baroniam : now whereas he asserts , that knights and esquires , who hold not by barony , cannot refuse when summoned by writ to serve the king in parliament ; but yet abbots and other regular prelates that hold not by barony may , because they are dead in law , as to secular affairs , and therefore not capable to have voice in parliament , unless they hold by barony , and were called by writ . this reason of the difference is most absurd and unreasonable . for . they are both subjects to the king alike , and so both equally obliged to serve and counsel him in parliament . ly . if their tenures by barony could make them capable to have place and voice in parliament , though dead in law , quoad secularia , then much more the kings and the kingdoms need of their presence , counsel and advice in parliament , touching the weighty affairs concerning himself , and the defence and preservation of the realm and church of england , when specially summoned by his writ to parliament , ly . though they were dead in some sence only , in respect of their natural capacities to the world ; yet in their politick capacities they were not so , but secular , still to sue , purchase , advise , &c. as well as laymen , in the right of their houses . ly . parliaments being always summoned as well to advise of ecclesiastical things , touching the church , as of temporal things concerning the realm of england ; their being dead to the world , quoad secularia , could no more enable them to refuse to serve in parliament , then laymen , quoad ecclesiastica negotia therein treated of , which concerned the church and laymen ( according to the doctrine in popish times ) might as well refuse to serve in parliament , when summoned , because they were no ecclesiastical or religious persons , who were properly to consult of the affairs of the church of england ; as religious persons be exempted from , and refuse to serve therein , because dead to the world , quoad secularia negotia , concerning the king and realm of england there debated and consulted of . ly . the true and only ground then why such abbots , priors , and all other clergy men , who held not by barony might refuse to serve in the lords house of parliament , when summoned by writ , was this , that they held not of the king by barony ; and upon this ground alone , the abbot of st. james without northampton summoned to parliament by writ , anno ed. . upon his proctors appearance and petitions for him in parliament ( recorded at large by * mr. selden , out of the leger-book of the abby worthy perusal , being most full in point was discharged from his attendance , & his name struck out of the roll and register of the chancery by the chancellor and his council , as not one of the list of those who ought to be summoned , for this very reason , because non te net per baroniam , nec de rege in capite , sed tantum in puram & perpetuam eleemosynam & nec ipse abbas , nec predecessores sui , unquam in cancellaria irrotulari fuerunt ( except only in h. . m. . schedula , voluntarie ) nec ad parliamentum citati hucusque . * vnde petit ( & habuit ) remedium . and upon the self same reason the abbot of leicester and his successors were by special patent in e. . de veniendo ad parliam . & consilia nostra , et haered●m nostrorum de caetero quieti sint et exempti in perpetuum , ( hough this abbots predecessors had formerly been summoned to and sate in parliaments interpolatis vicibus , but no● continuè ; because idem abbas aliquas terras sente●ementa de nobis per baroniam , seis a●o modo non tenet per quod ad parliamenta seu consilia nostra venire teneatur . the king reciting this as the only ground of his exemption ; and thereupon nolentes abbat●m indebite sic vexari ; granted him and his successors this patent of exemption ; upon which his name was cancelled in the † clause roll of e. . part . m. . dorso ; and this written in the margin against it . abbas leicestriae cancellatur , quia habet cartam regis quod non compellatur venire ad parliamentum . and that of dors . claus . e. . par . . m. . & e. . par . . m. . & . cited by * mr. selden & sir edw. coke in his margin ; mentioned in a bill in parliament ; que toutes les religioses que teignont per barony sayent tenus de venier au parlament ; is also direct i● point ; that those who hold not by barony , are not bound to serve in parl. be they religious persons , or lay persons , who are not peers or lords of parliament , upon general writs of summons ; such summons of them being an undue vexation of them , as king edward stiles it in his patent , ( unless they voluntarily appear upon such a summons , as this patent informs us those who were summoned in h. . all did . ) this reason therefore exempting all abbots , peers , and religious persons from service and attendance in the lords house in parliaments , though summoned thereto by writ , must necessarily exempt all knights and laymen from it , there being the self same ground , justice , equity for it in both , yea the selfsame unjustice , vexation , mischief to both ; and by consequence the selfsame law. and if this be law , as these presidents , judgements , records expresly resolve it to be beyond contradiction ; then it inevitably follows , that the general writ of summons to parliament alone , doth neither create the persons summoned to it , nor their heirs or successors barons , lords or peers of the realm , unless they hold by barony , no although they sit once or twice in parliaments by vertue of them , or interpolatis vicibus but not continue as the abbots of leicester did , for then they could not allege or plead their not holding lands of the king in barony , or any other tenure binding them to sit and serve in parliament , in barr of the writs of summons directed to them , because those writs themselves did ennoble and make them , their posterity & successors peers of parliament , though they held no lands by barony . ly , it is undeniable by sundry presidents , that the kings general writs of summons create none lords or peers of parliament for life or inheritance , if they hold not by barony ; which i shall evidence by these presidents in point , * to the parliament of h. . there were no less than abbots , priors , the master of the temple , and . deans of cathedral churches , namely of york , exeter , salisbury , lincoln , bath and wells , summoned by general writs , as the bishops , earls , barons , and other nobles were ; yet this did not make themselves nor their successors barons or peers of parliament ; for neither of these deans nor their successors were ever afterwards summoned to parliament , as they would and must have been , had this writ made them or their successors barons and lords : nor any of the abbots or priors , but such only who held by barony , who were constantly summoned , but those who then held not by barony , or militare servitium , if casually summoned to one parliament , were yet upon their complaints thereof , omitted and discharged in the next , as the writs of summons themselves attest , and ( ) mr. selden manifests out of them . therefore the writs did neither create them barons for life , much less their successors after them ; for then they should still have of right been summoned to succeeding parliaments , and ought not to have been discharged . in the of ed. . ( ) a writ of summons was sent by the king , magistro gilberto de middleton archidiacono northampton , officiali curiae cantuariensis ; & magistro roberto de sancto albano , decano de arcubus london . but no writ was ever directed to them afterwards , but in this one parliament only ; therefore it made them not lords and barons for life , inheritance or succession . the like is evident by the forecited presidents of the abbots of st. james & leicester and other priors . so the gardians of the spiritualties of bishops during the vacancy , and their vicars generals during their absence beyond the seas , have been frequently summoned to parliaments by writs : but being summoned only as substitutes , or in the right of the bishops or bishopricks , it made them no barons or peers , neither were they ever esteemed such heretofore , or at this day , as ( ) mr. selden informs us . and as it was thus amongst abbots , priors , deans , and other clergy-men , that these writs made them not barons for life , nor yet in succession : so by the selfsame law and reason they made no laicks who held not by barony such for life or inheritance . whence we find many such in the summons to parliament of king henry . ed. , , . r. . h. , , . who were summoned once , twice or thrice , but never afterwards , nor any of their name or posterity ; of which no other solid reason can be given , but that these general writs of summons made them neither barons for life nor inheritance , no more than they did abbots , priors or clergymen . for example ( ) i find edmond barstaff , robert de crendon , h. huse , ader de estlye , serton de hansladorn , and sundry others summoned by writ to parliament in e. . peter corbet , andrew de hamloe , henry tregor maurice de buen , roger banuent , and some others in e. . simon ward , henry dandle , william blunt , in e. . roger de claudes , ralph de bevil , william de kineston * in e. . ralph bulmer , thomas bugworth , in e. . william de ridehal in e. . robert de colvil , john de kirton , john de wodhurst , john northwood , john de strivelin , in the parliament summons of . and one of them again of e. . henry quarts , in h. . henry cuart , in h. . william cheyney chief justice in . & h. . but neither of their persons nor any of their posterity , were ever after summoned that i find to any other parliaments , as no doubt they would have been , had those their writs of summons made them lords and barons . in the clause roll of e. . m. . dorso , the king sent writs into ireland to william de burgh earl of ulster , james de bot●ler earl of ormond , william de bremigham knight , and walter de burgh , strictly enjoyning them with all speed to come over into england , nobiscum tractaturi , vestrumque consilium impensuri , concerning his intended voyage in person into ireland , and setting the peace and affairs therof : and i read in the * reign of king henry . edward the . . and other of our kings , that the king of scots and his nobles were oft summoned by writs to our english parliaments concerning the affairs of scotland : yet these writs made none of them peers and barons of our english parliaments . from all which i may safely conclude , sir edward cooks and others opinions to be no law , but a clear mistake ; that a general writ of summons doth , or can create any who hold not by barony , peers or barons for life , much less in fee or fee-tayl . therefore such may be afterwards elected knights or burgesses of parliament , and be members of the commons house , and refuse to sit or serve in the lords house upon summons without contempt or fine : but no baron or peer of the realm may be thus chosen , or neglect his service in the lords house . finally , mr. cambden in his britannia , p. , . & apologia , p . and mr. j. selden in his titles of honour , part . chap. . sect. . p. . to . assert , that as some spiritual barons , who were conceived to be barons by writ as well as by tenure , though sometimes summoned to parliament by writ , were wholly omitted at length , as not having of right voice and place with the rest , because they held not by barony ; so sundry of the lesser barons and tenants in capite holding only of the king as vavasors by knights service , and not by an intire barony , were likewise excluded the parliament . and not summoned thereunto by king john , henry the . & edw. the . being not great and honourary barons , nor having estates sufficient to support that dignity ; and that ( as mr. selden conceites by some law made not long before the great charter of king iohn , procured by majores barones ; who foreseeing that their power and dignity might suffer much diminution , if the new tenants in chief , or patentees of escheated baronies , and the rest that were decayed should have equality with them , and be indifferently barons of the kingdom every way as they were , procured a law in some of the parliaments that preceded the great charter of king john , by which themselves only should hereafter be properly stiled ( & summoned as barons , and the rest only tenants in chief , or knights , which titles shold be given them , as distinct names from barons : which could not but much lesen the dignity and honor of the rest . and if so , then questionless such who hold not by an intire barony , and are not majores barones by patent or inheritance now , cannot be created such by a meer general writ of summons ; neither can the king by his general writ create or make them such against this antient law and usage ever since . and the earls , lords and great honorary barons , who excluded all such from sitting in parliament with them as barons and their peers then , may much more exclude and refuse to admit such into their house , or to sit with them if summoned now ; because their dignity , honor , power , would suffer much diminution thereby ; and the king might by writ at any time call so many to their house , as might overtop , over●ote , and alter their very constitution as an house of peers . i shall close up this point of the lords sole right to sit in parliament with one or two memorable presidents . in the . year of king edward . as * walsingham stories , in quindena paschae per regis brevia citatae sunt generaliter omnes parliamentales personae pro parliamento teuendo londoniis : sed multis proceribus praetendentes impedimenti causas nihil h●c vice factum su●t : so * anno . king edward in the th year of his reign , celebravit concilium apud clarindon , sed magnates noluerunt interesse . whereupon nothing was there effected . the lords presence being held then so necessary , that by reason of the absence of divers of them upon some real or pretended impediments , though all legally summoned by the kings writs , nothing was done or concluded by those who met , who held themselves no compleat or legal parliament without them . whereas in the parliament of e. . some of the judges and assistants departing from the lords , and divers knights , citizens and burgesses from the commons house , without license , yet the lords continuing all together , and making ordinances for regulating the kings house , and revenues , the parliament still continued , and these ( ) special writs were sent to recall the judges and lords assistants ▪ quod redeant exinde , et sine licentia nostra speciali durante parliamento praedicto non recedatis : et hoc sicut indignationem nostram vitare volueritis , nullo modo omittaris . teste rege apud haddely , septemb. per consilium . and this general writ was sent to the sheriff of yorkeshire , and all other sheriffs of england to summon all the knights , citizens and burgesses in their several counties , to return thither ; or else to elect other fit persons in their places . ( ) praecipimus tibi firmiter injungentes , quod illos milites , cives & burgenses de balliva tua quos nuper ad praesens parliamentum nostrum apud london inchoatum , de mandato nostro venire fecisti , et qui ab eodem parliamento certis de causis recesserunt , quod redeant exinde , &c. vel alios ad hoc idoneos loco ipsorum si ad hoc vacare non possunt , usque ad westmonasterium ad dictum parliamentum quod ibidem duximus continuandum , &c. proxime futur : ad ultimum , cum sufficienti potestate comitatus tui & civitatum & burgorum praedictororum ad consentiendum hiis quae tunc ibidem contigerint ordinari , &c. teste rege apud london xi . die octobris . this parliament being thus continued , claus . e. . m. . special license was granted to some lords to goe home , who made proxies to other lords to supply their places , by these words , deputamus in loco nostro in parliamento : and this in the writ of prorogation . this , i hope , will suffice to convince all levellers and gainsayers , of the lords undoubted antient hereditary just right and title , to sit , vote in all english parliaments , though not elected by the people . section ii. wherein the lords house sole right of judicature in parliament , without the commons , is fully cleared by presidents , histories , records in all ages , and undeniable reasons , and that both in criminal , civil , ecclesiastical causes of all sorts , as well in cases of commoners , and clergymen , as temporal peers , & persons of the highest degree , proper for parliament . it is the general confession , resolution , assertion both of (a) lawyers , law-books , the parliament and statute of h. . c. . and all who have written of our parliaments ; that the parliament of england is the antientest , honourablest , highest court and supremest judicature in the realm ; to whose judicature all other courts , persons , subjects of the realm are subject & accountable for all injuries , oppressions , crimes , wrongs , corruptions , errors , abuses ▪ grievances , misdemeanors , treasons , contempts , frauds , false judgments , and matters of publike or privat concernment not properly triable , remediable , or punishable in other inferior courts of justice , and that court to whom all appeals concerning misproceedings , errors , or injustice in other courts or places ought to be made , and from whose injustice and sentence there is no appeal , but only to another parliament ; as in the case of general councils ( as divines assert ) there is no appeal but to another general council in ecclesiastical affairs concerning the universal church , or matters of faith. this being an unquestionable principle and truth , the sole question will be , in what house or persons in parliament this supreme judicatory , or judicial power resides ? whether in the king alon● ? or lords alone ? or king and lords jointly ? or in the house of commons alone ? ( never made a question ●il now , by lilburn and overton ) or in the king and house of peers , not separate from , but joyntly with the commons house ? and for my part i conceive , it resides wholly and solely in the king and house of lords , not in the house of commons ; which hath no part nor share therein singly considered in it self , nor yet joyntly with the king and lords , but only in some special cases and proceedings , as when and where the king and lords voluntarily require their concurrence , or where the judgement and proceedings in parliament are by way of bill or act of parliament ; or when a judgement passed or confirmed by bill or act to which the commons consent was requisite , is to be altered or reversed , but in no cases else , that i can find . to make this ou● beyond contradiction ; it must be necessarily granted by all , and cannot be gainsaid or disproved by any , that this supreme power of judicature hath been vested in our great councils and parliaments even from their beginning and original institution , it being the antientest , as well as highest and honourablest of all other courts : that it had this soveraign jurisdiction vested in and exercised by it , both under our british , saxon , danish and norman kings , i have elsewhere evidenced , and shall anon make good by undeniable presidents . now the great parliamentary councils under them , consisted only of the king , the ecclesiastical and temporal lords , earls , barons , nobles , without any commons house , or knights of shires , citizens or burgesses elected by the people ; as i have already touched , and manifested more fully in (b) other treatises : yea the most , best antiquaries and english historians i have seen who treat of our parliaments ( except that gross impostor who composed that ridiculous treatise stiled modus tenend● parliamentum , when there was never any parliament held in any age in england or ireland , in such manner as ●e there relates & prescribes , with sir edward cook , and some other injudicious antiq●aries seduced by this pretended , forged antiquity ) have not presumed to derive the antiquity of the knights , citizens , and burgesses summons to , and si●ting in our parliaments higher than the parliament held under henry the . at salisbury , anno dom. . the year of his reign . to which polydor virgil , hist . angl. an. . judge dodridge and others in the antiquity of the parliamen●s of england , p. , , , , , , . holinshed in his chronicle , vol. . p. , . john speed in his history of great britain p. , . referre their original , if not the beginning of parliaments themselves . but under these learned mens correction ( who produce no warrant from histories or records in that age for proof of what they affirme ) i dare confidently assert , that there is nothing to be found in history or record to warrant this their fancy ; but many direct evidences against it , which i shall briefly clear , being very pertinent to the present controversie , and judicature of the lords house . . it is most clear , that to this parliamentary council held at salisbury , anno h. . no commons , knights citizens , elected by the people were called by this kings writs , as some of these authors , with the manuscript of canterbury positively assert , and others of them seem to incline unto ; but only the lords spiritual and temporal of the realm , as (c) holinshed himself relates , whom (d) speed stileth the estates both spiritual and temporal . this is evident by (e) eadmerus who then lived , and thus records the proceedings of that convention under this king , kal. aprilis , factus est conventus episcoporum abbatum , et principum totius regni apud serberiam , cogente eos illuc sanctione regis ●enrici : which (f) rog. de hoved. thus seconds , comites et barones totius . angliae apud salisberiam convenerunt ; (g) who as mat. paris and mat. westminster , with them , relate , jurarunt fidelitatem willielmo filio suo . (h) simeon dunelmensis ●●iles it , conventus optimatum et baronum totius angliae , wherein jussu regis omnes comites et barones cum clero totius regni , swore fealty to him and his son , as the (i) chronicle of brompton also relates : not any of our antient historians making mention of any commons , knights , burgesses , but only of bishops , abbots , earls , lords and barons of the realm there present at it . in this parliament , after the earls , barons , and great men had done homage to william the kings son , and sworn allegiance to him ; the cause and complaint between ralph archbishop of canterbury and thurstan elected archbishop of york , was there heard and debated , which had been agitated between them a whole year before . * thurstan being admonished by ralph to make his subjection to the see of canterbury , and to receive his consecration from him after the ecclesiastical and usual manner : answered , that he would willingly receive his consecration from him , but he would by no means make that profession of subjection to the see of canterbury , which he exacted , but only that which pope gregory , and after him pope honorius the . had ordained , who made this agreement between the two archbishops of england , ut neuter alteri subjectionis professionem faceret , nisi tantum ut qui prior ordinatus esset quamdiu viveret prior haberetur : quod proprium est servorum dei , ut verahumilitate sibi invicem acclives sint , & nullus super alium primatus ambitionem exercere debet : sicut dominus noster verae humilitatis praedicator & amator discipulos suos , de hac re litigantes redarguens , dixit eis , qui major est vestrum erit omnium minister ; nullus siquidem post beatum augu●●inum ● qui non tam archiepiscopus quam apostolus anglorum dicendus est ) archiepiscoporum cantuariensium primatum totius angliae sibi vendicare praesumpsit , usque ad theodorum archipraesulem , cui propter singularem in ecclesiastica disciplina solertiam , omnes angliae episcopi subjici consenserunt , sicut beda in ecclesiastica historia angliae testatur : quamobrem turstinus nullam aliam subjectionis professionem cantuariensi pontifici facere voluit , nisi quam beatus papa gregorius institui● : ralph on the other side pleaded , the subjection of his predecessors made to his predecessors ; rex autem henricus , ubi adv●rtit turstinum in sua stare pervicatia , aperte protestatus est , illum aut morem antecessorum suorum , tam in professione facienda , quam in aliis dignitatis ecclesiae cantuariensis , ex antiquo jure competentibus executurum , aut episcopatu eboracensi cum benedictione funditus cariturum . his auditis ille suo cordis consilio inpraemeditatus credens , renunciavit pontificatui ; spondens regi & archiepiscopo , se dum viveret illum non reclamaturum , nec aliquam calumniam inde moturum , qui cunque substitutus fuisset . but thurstan afterwards repenting of his rashness , contrary to his agreement in parliament , going to the pope , against the kings command , to the council at rhemes , was there consecrated archbishop of york by pope calixtus himself ; contrary to his promise to the kings agent , and canterburies , who there publikely protested against his consecration , without making any subjection to the see of canterbury . whereupon the king prohibited thurstan to return into england , or any of his dominions , swearing , that he should never return whiles he lived , unless he would make his subjection to the see of canterbury : which oath he refused to violate at the popes personal request to him , ( though he then absolved him voluntarily from this oath ) saying , * quod dicit se quoniam apostolicus est , me à fide quam pollicitus sum , absoluturum : si contra eandem fidem thurstinum eboraci recepero , non videtur regiae honestati convenire hujusmodi absolutioni consentire . quis enim fidem suam cuivis pol●c●ntii amplius crederetur , cum eam meo exemplo tam facile absolutione annihilari posse videret . as in this famous parliamentary council of salisbury , so in all precedent and subsequent great councils and conventions during the whole reign of king h. . the prelates , earls , barons , spiritual and temporal lords were only summoned as members , not any knights , citizens , burgesses , or commons elected by the people , which i shall next make good . in a parliamentary (k) council in the . year of his reign anno . he was elected and crowned king of england , abolished ill laws , confirmed king edwards laws , and the great charter of liberties under his seal , communi concilio baronum regni : archiepisco●is , episcopis , comiti●u● , proceribus , magnatibus et optimatibus totius regni angliae , there subscribing to his charter then granted , as witnesses ; see here , p. ▪ . the same year , (l) majores natu angliae et magnates terrae congregavit londonii , by whose advice h● maried mawde , daughter of the king of scots , right heir to the crown of the saxon line , and anointed and crowned her queen : there being a great debate , (m) whether she might lawfully marry , having worn a veil ●n a monaste●y whiles she was young ? which was resolved in a council at lambeth , where episcopi , abbates , nobiles quique , ac religiosi ordinis viri , were a●embled ●o de●cide i● ; who upon debate resolved she might lawfully marry : as eadmerus records at large . the next year , anno . (n) duke robert returning from the holy land , and laying claim to the crown of england as right heir and eldest brother , thereupon king henry , principes suspectos habentes , ne à se instabili ut sit fide dissilirent , and they suspecting him , ne undique pace potitu , in se legibus efferatis desaeviret , actum ex consulto est , ut certitudo talis exinde fieret , quae utrinque quod verebatur excluderet . sed ubi ad sponsionem fidei ventum est , tota regni nobilitas , ( assembled in a parliamentary council ) cum populi numerositate ( who depended on their advice ) anselmum inter se & regem medium fecerunt , quanta ei vice sui manu in manum porrecta promitteret . iustis et sanctis legibus se totum regnum quo●d viveret in cunctis administraturum . after which , when as upon the report of duke roberts arival , statim majores regni , quasi suae sponsionis immemores ad illum relicto rege , semet transferre parabant . whereupon anselm ad unatis principibus cunctis , shewed to them , and after that to the whole multitude of the army who came about them , quam execrabiles deo et omni bono homini forem , qui fidem quam principi suo debebant quoquo modo ●iolarent . whereupon cuncti ilico spretâ vita non sequius eligerent morte procumbere , quam violata fide sua regem seducere : after which , (o) principes utrinque fratrum non ferentes dissidium colloquium inierunt , pio & circumsp●cto consilio mvtuum et generale , and by the (p) mediation of the nobles on both sides an accord was made between the king and his brother robert , propter manifestum jus quod habuit ad regnum possidendum , that robert should receive marks yearly from england , and that the longest liver of them should be heir to the other , if he died without issue male . hoc autem per magnates juratum fuit utrinque . (q) anno . there fell out a difference between the king and anselm , touching investitures of bishops , anselm refusing to consecrate any bishop , abbot or clerk who received investitures from the king or the hand of any layman , being against the decree of the general council of rome : whereupon the king sent for him to his court ; where this business was at large debated episcopis , regni proceribus que , verba hinc inde ferentibus , & in singulis regiae voluntati parere certantibus , imo ne romanae pontificis obedientiae subderetur summopere ●insistentibus . not long after the king by other letters summons anselm to appear at winchester to compose this difference ; ubi episcopis terrae que principibvs sub uno coactis , communi assensu apud anselmum actum est ; nuncii prioribus excellentiores ex utraque parte romam mitterentur , romano pontifici viva voce exposituri , illum aut à sententia decessurum , aut anselmo , cum suis extra angliam pulso , totius regni subjectionem et commodum quod in●e singulis annis habere solebat , perditurum . which being accordingly pursued , and (r) faventibus simul et incitantibus regem episcopis , regnique proceribus , he commanded anselm to promise to doe him homage , and consecrated all those to whom he had given investitures without retractation . the same year . (ſ) celeb●atum est generale concilium episcoporum et abbatum totius regni , at st. peters church on the west side of lo●don : rege annuente huic conventui affuerunt , anselmo archiepiscopo petente a rege , primates regni , quatenus qui qu d●ejusdem concilii authoritate ●ecernectur utriusque ordinis concordi , cura et sollicitudine ratum servaretur : sic enim necesse erat , &c. in which council there were many laws and canons made for regulating the church , monks and clergy ▪ communi consensu episcoporum , et abbatum , et principum totius regni , principes regni omnes tam ecclesiastici quam secularis ordinis ▪ being present at it ; as the marginal authors attest , but no commons , knights or burgesses . not long after the same year , anselm peremptorily refusing to consecrate those bishops whom the king invested with a pastoral staff and ring , and some of them resigning them as unlawfull , and publikely refusing to be consecrated by such an investiture from the king , to his great dishonour , and prejudice of his royal right and prerogative ; the (t) king thereupon repaired to canterbury , where anselm and he had a sharp contest ; at last he requested an elm to goe in person to rome to procure the pope to reverse his decree against investitures , ne ipse perdendo suorum jura antecessorum , eis vilior fiat , who desired that this businesse might be deferred till easter , ut audito episcoporum regnique primatum consilio , qui modo non assunt , respondeam hinc : which being granted , anselmus in pascha curiam venit , regni ingenuitatem de negotio praesens consuluit , communis concilii vocem unam accepit ( so eadmerus ) convenitur a rege , & episcopis et magnatibus ( so malmesbury relates it ) ut ipse romam dignatur proficisci , quod alii minus egerant sua praesentia suppleturus , who thereupon consented to goe , ne cuctorum voluntati deesset . (u) mat. paris , matthew westminster and others write , that he was then banished out of england for his obstinacy , regis injusto judicio , and all his temporalties seised , which eadmerus and others write , was not done nor executed till after the popes decree against the right of investitures passed against the king and anselms departure from rome towards england ; when the king prohibited him to return into england , unless he would submit to doe him homage , and consecrate bishops by his investiture , as all our historians accord . (x) anno . duke robert coming to his brother king henry the . into england to northampton , to de●ire him to restore his brotherly affection to him , whereof he had deprived him , but could not obtain it . rex itaque henricus sentiens conscientiam suam in obtentu regni cauteriatam , erat quippe eleganter literatus , utpote a primaeva aetate praecepto patris addictus literis & jam in jure , quod audierat secreto expeditus , coepit in semetipso impetus insurgentium formidare , & dei judicium in ipsum fulminare ; eo quod fratri suo primogenito , cui jus regni manifeste competebat , temere usurpando , injuste nimis abstulerat . sed plus timens homines quam deum , regni nobiles primo subdolis pollicitis inclinando conciliavit , cogitans postea per fundationem abbatiae , quam construere proposnerat ; de tanta injuria deo satisfacere . magnatibus igitur regni , ob hoc londonium edicto regio convocatis , rex talibus alloquiis super mel & favum , oleumque , mellitis et mollitis blandiens , dixit ; amici & fideles mei indigenae ac naturales , nostis veraci fama reference , qualiter frater meus robertus electus , & per deum vocatus est , ad regnum hierosolymitanum foeliciter gubernandum , & quam frontose illud infoelicirer refutaverit , merito propterea a deo reprobandus . nostis etiam in multis aliis superbiam & ferocitatem illius , quia vir bellicosus pacis impatiens est , vosque scientet quasi contemptibiles , & quos desides vocat & gluttones , conculcare desiderat . ego vero rex humilis & pacificus , vos in pace , in antiquis vestris libertatibus , prout crebrius jurejurando promisi , gestio confovere , & vestris inclinando consiliis , consultius ac mitius , more mansueti principis , sapienter gubernare , & super his ( si provideritis ) scripta subarata roborare , & iteratis juramentis praedicta certissime confirmare : omnia videlicet , quae sanctus rex edwardus , deo inspirante , provide sancivit , inviolabiliter jubeo observari . ut mecum fideliter stantes fratris mei , imo et mei , & totius regni angliae hostis cruentissimi , injurias poten●er , animose & voluntarie propulsetis . si enim fortitudine anglorum roborer , innanes normannorum minas nequaquam censeo formidandas , talibus igitur promissis quae tamen in fine impudenter violavit , omnium corda sibi inclinavit , ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent . this duke thereupon departing into n●rmandy , was followed thither by king henry , who there taking him , together with the earl of morton , and other nobles prisoners , brought them over to england , where they were adjudged to perpepetual prison by the barons , and duke robert to be put to death , as (y) henry de knyghton thus relates , robertus vero captus pudorosae et immani , morti adjudicatus est , henricus vero frater ejus non sustinens ignominiam tantam protendere in sanguine suo ▪ institit er go barones suos ( who passed a sentence on him in a parliamentary council ) et impetravit ab eis , quod praedictus robertus debet exoculari , & ex●●cari cum bacillo ardenti . sicque apud lincolniam perpetuo carceri mancipatus . anno . the king and anselm by the popes mediation and others coming to an accord ; (z) hereupon the king returning into england ; advenatis ad curiam ejus in pascha terrae principibus , dilata est ecclesiarum ordinatio quam rex se facturum disposuerat , by reason of the popes coming into france to the council of trecis : but afterwards in august , (a) factus est conventus episcoporum et abbatum pariter & magnatum , ( or procerum ) regni londoni●s in palati● 〈◊〉 ▪ where , per consilium anselmi , & procerum regni , annuit rex & statuit , this accord and decree was made ; ut ab eo tempore in reliquum , nunquam per donationem baculi pastoralis , vel annuli quisquam de episcopatu vel abbatia per regem , vel quamlibet l●icam personam investiretur in anglia : concedente etiam archiepiscopo , ut nullus ad praelationem electus pro homagio quod regi faceret , consecratione suscepti honoris privaretur ; which being concluded , coepit anselmus coram rege regnique episcopis atque principibus , exigere a gerardo archiepiscopo eboracensi professionem de sua obedieutia & subjectione , quam non fecerat , ex quo de episcopatu herefordensi ad achiepiscopatum eboracensem translatus fuerat . ad quae cum rex ips● diceret , sibi quidem non videre necesse , ut professioni quam ordinationis suae tempore gerardus fecerat , aliam superadderet , praesertim cum licet ecclesiam mutaverit , idem tamen qui fuerat in persona remansit , nec a prima professione absolu●us extiterit . anselmus in praesenti quidem regiis verbis adquievit , ea conditione ; ut gerardus in manum sibi daret , se eandem subjectionem in archiepiscopatu ei servaturum quam in episcopatu professus fuerat ; which gerardus a●enting to , and presently performing before them . exin statutum est , ut qui ad episcopatum electi erant , cantuariam i●e●t , & ibi dignitatis ipsius benedictionem , ex more susciperent . in the year . (b) king henry in the feast of pentecost , advenatis ad curiam suam apud londoniam , cunctis magnatibus regni , cum anselmo archiepiscopo , et caeteris episcopis angliae tractavit , concerning the chastity and against the mariage of priests and clergy-men● ( concerning which several laws and canons were then made and published , with other good secular lawes against theeves , clipping and falsifying of money , &c. ) which were thus praefaced . haec sunt statuta , &c. quae statuerunt anselmus cantuariensis archiepiscopus , thomas eboracensis archieriscopus electus cum eo , omnesque alii angliae episcopi , in praesentia gloriosi regis henrici assensu comitum et baronum suorum , statutum est , &c. (c) anno . there arising a difference between anselm and thomas the elect archbishop of york , about his consecration and subjection to anselm ; thereupon anselm calling the rest of the bishops to him , by their advice , summoned him by . bishops to come to canterbury , there to receive his consecration , and to make such subjection to him as he required , unless he could prove he ought to be exempted from it . whereupon the king sent a writ to anselm under his seal , to adjourn the difference between thomas and him till easter . ego enim si infra praedictum ●terminum in angliam rediero consilio episcoporum et baronum meorum , vos juste & honorifice inde concorcabo , &c. upon which anselm returned this peremptory answer , not to thomas , but to the king himself . de induciis autem , quas thomae ebor . archiepisc . dare mandaverat , pro certo scirer , quod prius pateretur totus membratim dissecari , quam de negotio , in quo illum contra antiquas sanctorum patrum sanctiones , se injuste & adversus deum erexisse sciebat , vel ad horam illas aliquando daret . and writ a peremptory letter to thomas , not to presume to intermeddle in any kind in the exercise of his pastoral cure , until he had desisted from his rebellion against the see of canterbury , and done that subjection to himself which his predecessors , thomas and gerard , had formerly made out of the antient custom of their antecessors ; charging him without such a profession of subjection , never to receive consecration to that see , under pain of an anathema , and interdicting all the bishops of england under pain of excommunication , not to consecrate him , nor yet to have any christian communion with him , if consecrated by any foraign bishops . soon after which letter anselm deceasing , the king keeping his court a● london at pentecost : rex regni proceres atque praesules ad incundum de eboracensi archiep : consecratione concilium londinum convocavit : wherein caepit agere cum episcopis et regni principibus , quid esset agendum de consecratione electi eccle●iae eboracensi ? where anselms recited letter being produced and read , the earl of mellent demanded , which of the bishops durst to receive that letter without the assent and command of the king their soveraign lord ? whereupon the bishops perceiving that the earl by this question was willing , calumniam movere , qua eos regiae majestati obnoxios faceret , remoti à multitudine , habito consilio staruunt apud se , suis omnibus , si regia sententia hoc forte comitis instinctu dictaret , se malie dispoliari , quam iis quae anselmus de praesenti quaerela praeceperat , non obtemperare . istis ergo firmato consilio inter se ; they sent for samson bp. of worcester to know his opinion therein● who communing with them , and telling them , that himself was present when as his brother thomas archbishop of york elect , tum antiquis consuetudinibus , tum invincibilibus allegationibus actus , eandem p●ofessionem lanfranco archiepisco cantuariensi , & cunctis suis successoribus fecit . thereupon , * simul omnes episcopi ad regem reversi sunt , constanter & literas quibus comes sciscitatus fuerat , se suscepisse , & contra eas nulla ratione quicquam acturos asserentes ; ad quae ▪ cum idem comes caput agitare● , autumans jam in illos quasi de contemptu regis crimen injiciendum , dixit rex , quicquid in iis aliorum sententia ferat , de me constat , quia cum episcopis sentio , nec vel ad horam excommunicationem anselmi subjacere aliquatenus volo . quibus a●ditis , gavisi sunt omnes . et agentes domino grates pariter conclama verunt , anselmum adesse , et quam , non poterat in corpore degens , j●m mundo abs●●tem causam ecclesiae suae determina●e . deinde , in laudibus eximii principis demoratum est , ac ut ipse dignitatem primatus ecclesiae cantuariensis humiliari a nul●o permitteret postulatus ; siquidem in hoc , dicunt , consuetudines antiquae et earum confirmationes , astipulatione totius regni sub magno rege willielmo factae , necne privilegia quae his priota existunt ab apostolica sede , ipsi ecclesiae collata corrumperentur , scinderentur , annihilarentur . adquievit istis rex , & jussit ipsarum quoque scripta auctoritatum , quae ecclesia can●uariensis habebat , sub celeritate afferri , allata recitari . quod ubi factum est , intulit . quid amplius quaeritur ? auctoritates , & privilegia apostolicae sedis & quae in praesentia patris & matris meae , sub testimonio & confirmatione episcoporum , abbatum , & procerum regni definita sunt , ut quasi de epistola anselmi penitus taceatur , ego in quaestionem mitterem , ego novis ambagibus agitari permitterem ? immo sciat thomas se aut subjectionem & obedientiam ecclesiae cantuariensi ejusque primatibus ▪ ut antecessores sui professi sunt , professurum , aut archiepiscopatui eboracensi ex toto cessurum . * fugat ergo , quod vult . consideratis itaque thomas auctoritatibus quibus ecclesiam dorobernensem niti , & circumvallari videbat , spretis clericis suis , quorum se consilio credidisse sero dolebat , se contra ipsas auctoritates nolle stare , sed morem antecessorum suorum sequendo & ipsis adquiescere , & ecclesiam ipsam deinceps semper diligere velle dixit , & honorare . praecepit igitur rex ut professio , quam thomas erat facturus in sui praesentia dictaretur , scriberetur , sigilloque suo , nequid in ea quovis molimine antequam eam proficiendo thomas legeret , mutaretur , servaretur inclusa . quod et factum est . dominica ergo die quae fuit iv. kl. julii conven●runt , jubente rege , richardus londoniensis , willielmus wintoniensis , radulphus roffensis , herbertus norwicensis , radulphus cistrensis , radulphus dunelmensis , & herveus pangornensis episcopi in ecclesia beati pauli londoniae pro consecratione thomae . inter solitam ergo examinationem , suo loco professionem , de subjectione & obedientia sanctae ecclesiae dorobernensi exhibenda richardus lundoniensis episcopus , qui thomam erat sacraturus ab illo exegit . professio igitur , sicut erat sigillata sibi coram omnibus oblata est , factoque sigillo evoluta & lecta ab eo est ita . ego thomas eboracensis ecclesiae consecrandus metropolitanus profiteor subjectionem & canonicam obedientiam sanctae dorobernensi ecclesiae , & ejusdem ecclesiae primati canonice electo , & conseerato , & successoribus suis canonice inthronizatis salva fidelitate domini mei regis henrici anglorum , et salva obedientia ex parte mea tenenda , quam thomas antecessor meus sanctae romanae ecclesiae ex parte sua professus est . intererat huic officio prior ecclesiae dorobernensis conradus nomine ) & ex monachis ejusdem loci , quamplures , qui pro hoc ipso , quoniam res eos maxime respiciebat , illo convenerant . lectam itaque professionem cum a thoma sibi oblatam richardus antistes londoniensis accipisset , eam nominato priori & fratribus tradidit , dicens ; hanc fratres & domini mei in testimonium auctoritatis vestrae elclesiae suscipite , & ipsam vobis factam in memoriam posteritatis , servate . deinde a radulpho cicestrensi episcopo dictum in populo est ipsam consecrationem , ex recto , et antiqua consuetudine debere fieri cantuariae . et adjecit . verum quia ipsa civitas , defuncto patre nostro anselmo , nunc quidem pontifice caret , v●sum regi sacratisque ordinibus regni est , atque principibus , ●am hic atque ab hujus sedis episcopo prae aliis potissimum celebrandam , eo intuitu , ea ratione quod episcopus lundoniensis inter alios episcopos est decanus ecclesiae cantuariensis , & ideo speciali quadam dignitate , caeteris anteponendus . ita ergo in episcopatum eboracensem thomas consec●atus est , suscipiens a ministro , quod susscipere detrectavit a magistro . anno . (d) king henry by the admonition of the pope , and prayers of the monks of canterbury and other , and above all , being moved by divine instinct : episcopos et principes angliae in unum apud windeshoram fecit veni●e , eorum consilium in constituendo pontifice cantuariensi volens habere . the king first pi●ched upon faricius abbot of abendon , who was there present for that end by the kings command : animus tamen episcoporum et quorundam magnatum in aliud vergebat , praeoptantium , aut quemlibet episcoporum de ordine cleric●li , aut clericum aliquem de capella regis in opus illud ascisci . but when it was objected , that there had been no archbishop since augustin , but only one , which was not of the monastick order , who for that presumption and other perverse things done by him was deposed by the pope : and therefore they ought not to subvert the antient and authentique custom , when there was no reason or necessity to do it ; they were compelled to desist from their enterprise , which they laboured with much endeavour to accomplish : whereupon by gods disposing providence , they suddenly gave their sentence for ralph bishop of rochester to be archbishop , requiring the kings assent thereunto : who altering his mind concerning promoting the abbot , willingly gave his assent to ralph ; to whom all the monks , elders , and people of canterbury gave their ready assents . whereupon two messengers were sent to rome to pope paschal for his pall , with letters from the king and bishops of england and covent of canterbury , wherein they recite his election to this see : adding ; huic electioni affuerant episcopi , abbates , et principes regni , & magna populi multitudo , ( to wit of canterbury , not elected knights , citizens or burgesses ) consentiente domino nostro rege , et eandem electionem laudante , suaque auctoritate corroborante . the pope hereupon , with much difficulty , at the earnest intreaty of one anselm , nephew to the deceased anselm , sent a pall to ralph by him , together with an angry harsh letter to the king and bishops the same year . whereupon (e) eodem anno henricus rex , jussi● omnes episcopos et principes totius regni , ad curiam suam , sub uno venire . unde rumor per totam terram dispersus est , pontificem cantuariorum generale concilium ( praes●nte legato domini papae ) celebraturum , & nova quaedam , tantoque conventui digna , pro correctione christianae religionis in omni ordine promulgaturum . itaque ut rex jusserat kal. octobris conveutus omnium apud westmonasterium in palatio regis factus est : & quod de concilii celebratione , et christianitatis emendatione , rumor disperserat , nihil fuisse , quae confluxerat multitudo tandem advertit : only the popes letter to the king and bishops ( recorded in eadmerus ) was there read . wherein pope paschal setting forth his pretended universal authority over all kingdoms and churches derived from st. peter ; & that no great businesses should be done concerning the church without him or his legates privitie and advice ; taxeth the king and english bishops , for electing , and translating bishops , holding synods , councils , and medling with the affairs of bishops without his privity ▪ for not permitting any legats freely to pass into or return from england , without the kings special license : for hindring appeals to rome , and not duly collecting and paying his peterpence ; admonishing them to reform all these their exorbitances , and concluding with this menace . si verò adhuc in vestra decernitis obstinatia permanere , nos evangelicum dictum , et apostolicum exemplum , pedum in vos pulverem excutiemus , & tanquam ab ecclesia catholica resilientes , divino judicio trademus . the king hereupon advising with his bishops and nobles , what answer he should return to the pope concerning those things , and certain others which did very much offend his mind , cono his legat having suspended and excommunicated the bishops of normandy , eo quod conciliis ( generalibus ) tertio vocati , interesse noluerunt : placuit in communi , ut rex suos nuncios mitteret per quos quae vellet securius papa mandaret : and withall sent that resolute letter by them to the pope here cited p. , . (f) an. . when the forecited parliamentary council at salisbury was held ; anselm returning from rome , came to the king into normandy with letters from the pope , appointing him his legate and vice-pope in england , quod regno angliae , brevi innotuit . admirati ergo episcopi , abbates et nobiles quique londoniae aduniti sunt , super his , & quibusaam aliis , praesente regina , communi consilio tractatur , quid multa ? placuit omnibus , archiepiscopum cantuar. quem maxime res haec respiciebat , regem adire , & exposita ei antiqua regni consuetudine , simul ac libertate , si consuleret romam ire , et haec nova annihilari : amplectitur ille consilium ; & repairs thereupon to the king , informing him of this their resolution ; with whom he found anselm , waiting for a passage into england to exercise his legatine authority . sed rex antiquis angliae consuetudinibus praejudicium inferri non sustinens , illum ab ingressu angliae detinebat . itaque omnis de hujusce potestatis ( legati ) exors effectus , a normanda est in suos regressus . in the year . k. henry the . (g) consilio radulphi cant. pontificis et principum regni quos omnes in epiphania domini , sub uno londoniae congregavit , decrevit sibi in uxorem atheleiden filiam godfredi ducis lotharingiae . after which she arriving in england ; conventu episcoporum , principum , et procerum regni , qui pro occursu reginae factus fuerat ; the difference between archbishop ralph and thurstan about his subjection to him , was moved : pope calix●us who ordained him , commanding the king and archbishop , to permit him to enjoy his bishoprick ; aut rex anathemate , & radulphus suspensione pontificalis officii , plecteretur . hereupon the privileges of the church of canterbury ( recorded in eadmerus ) were recited , & quam dignè deo haec apostolica disponerentur , intellectum est ab omnibus . tamen ne praemissae intentio poenae , regem vel pontificem aliquatenus conturbaret , ex communi concilio permissus est idem thurstinus angliam redire , & eboracum regia via veni●e . quod & factum est , ea dispositione , ut nullatenus extra parochiam eboracensem divinum officium celebraret , donec ecclesiae cantuariensi , de injuria , quam ei intulerat , abjurata cordis sui obstinatione satisfaceret . about the year . (h) pope calixtus having by force deprived pope gregory , sent one peter to be legate over all britain , ireland , and the orcades , as well as france , who sent some abbots and others before him to give notice of his coming , the whole land being astonished at the expectation of his coming , the king sent the bishop of st. davies , and another clerk to him into france where he stayed , to signifie his pleasure and command , that they should bring him into england to him . the king by prudent counsel enjoyned them ; that after his entrance into england , they should so order his journey , that he should not enter into any church or monastery for hospitality or lodging , and that no necessaries should be administred to him from others ; but only at his own expence . being brought to the king and worthily received , he related the cause of his coming : the king pretending an expedition against the welsh , answered ; se tanto negotio operam tunc quidem dare non posse , cum legationis illius stabilem auctoritatem non nisi per conniventiam episcoporum , abbatum , et procerum , et totius regni conventum , roborari posse constaret . ●uper haec , ●ibi patrias consuetudines ab apostolica sede concessas , nequaquam se aequanimiter amissurum fore testabatur ( in quibus haec , & de maximis una erat , quae regnum angliae liberum ab omni legati ditione constituerat ) donec ipse vitae praesenti supersit . his horumque similibus regali facundia editis , praefa●us petrus assensum praebere utile judicavit , & annuit . quapropter larga regis munificentia magnifice honoratus , nullo modo se quicquam antiquae dignitatis derogaturum , immo ut dignitatis ipsius gloria undecunque augmentaretur , spo●pondit plena fide elaboraturum . pax itaque firma inter eos firmata est , & qui legati officio fungi in tota britannia venerat , immunis ab omni officio tali , cum ingenti pompa , via qua venerat extra angliam , a rege missus est . at canterbury he perused the antient privileges granted to the prelates by the see of rome touching their superiority over york : quibus ille perspectis atque perpensis , testatus etiam ipse est , ecclesiam cantuariensem grave nimis immoderatum praejudicium esse perpessam , & quatenus hoc velocius corrigeretur , ●e modis omnibus opem adhibiturum pollicitus est , post haec angliam egreditur . by all these parliamentary councils and proceedings in them , and the kings answer to this legate , it is most apparent from the testimony of eadmorus ( present at most of them ) and then antient hi●orians . . that they all consisted during all the reign of king henry the . of the king , bishops , abbots , earls , lords and barons , without any knights , citizens , burgesses , or commons elected by the people . ly . that not only the legislative but judicial power or judicature of parliament in all civil , ecclesiastical and criminal causes debated or judged in them , resided wholly in the king , prelates , earls , barons and nobles , which they joyntly and severally exercised by mutual consent , as there was occasion . ly . that our kings , prelates , nobles were then all very vigilant , and zealous in opposing the popes usurpations upon the antient liberties , privileges , customs of the king , kingdom , and church of england . ly . that those (i) antiquaries and others are much mistaken , who affirm , the commons were called to the parliament of h. . as well as the peers and nobles ; and that since that time the authority of this court hath stood setled , and the commonalty had their voice therein , which the said h. . granted to them , in love to the english nation , being a natural englishman himself , when as the normans were upon terms of revolt from him to his brother robert duke of normandie ; it being clear by these histories , and all the parliamentary councils under king henry the . and under hen. the . king ric. the . king john , and henry the . forecited , and here ensuing ; that there were no knights citizens , burgesses , or commons elected by the people , summoned to our parliaments in their reigns succeeding henry the . therefore not in his . ly . that the opinion of (k) mr. cambden , (l) judge dodridge , jo. holland , (m) sir ro. cotton , (n) mr. selden and others , is true , that the first writ of summons of any knights , citizens , burgesses or commons to parliament now extant , is no antienter than h. . dors . . . that king henry the . after the ending of the barons wars , appointed and ordained , that all those earls and barons of the realm , to whom the king himself should vouchsafe to send his writ of summons should come to his parliament , and none else but such as should be chosen by the voice of the burgesses and freemen , by other writs of the king directed to them : and that this being begun about the end of hen. the . was perfected and continued by edward the . and his successors . which (o) holinshed , & (p) speed , do likewise intimate in general terms : so that upon due consideration of all histories , records , and judicious antiquaries , it is most apparent , that the commons had no place nor votes by election in our parliaments in hen. . his reign , no● before the latter end of king h. . and ed. . who perfected what his father newly before him began , in summoning them to parliaments . this being an irrefragable truth , as i conceive , the next thing to be considered of is this ; whether the commons , when thus called and admitted by h. . and e. . into our parliaments , had any share , right , or interest in the judicature of parliaments then granted to them , either as severed from , or joyntly with the king and lords ? and if any share or right at all therein ; at what time , and in what cases was it granted or indulged to them ? with submission to better judgements ; i am clear of opinion , that the king and lords , when they first called the knights , citizens , and burgesses to parliament , never admitted them to any share or copartnership with them in the antient , ordinary , judicial power of parl. in civil or criminal causes , brought before them by writ , impeachment , petition , or articles of complaint , as they were the supreme judicature and court of justice ; but reserved the judicial power and right of giving and pronouncing all judgements in parliament , in such cases and ways of proceeding , wholly to themselves , admitting them only to share with them in their consultative , legislative and tax imposing power , as the common council of the realm , & thereby in cases of attainder by act , bill , or ordinance ( a part of the legislative not ordinary judicial authority of parliament ) allowed them a voice and partnership with themselves , and a share in reversing such a●tainders by act , bill , or ordinance by another bill or sentence ; but in no cases else , except such alone , wherein the king or lords should voluntarily , at their own pleasures , not of meer right , requite their concurrence with them . the arguments , reasons , inducing me to this opinion and irrefragably evincing it , are these . . the form of the writs for electing , knights , citizens , burgesses of parliament , with the retorns and indentures annexed to them , which are only ad faciendum , & consentiendum his quae & tunc ibidem de communi concilio dicti regni contigerint ordinari ; which gives them no judicial power in civil or criminal causes there adjudged , as the writs to the lords doe give to them by these clauses ; ibidem cum praelatis , magnatibus , & proceribus regni colloquium habere & tractatum : vobiscum &c. colloquium habere & tractare : personaliter intersitis nobiscum , ac cum praelatis , magnatibus & proceribus super dictis negotiis tractaturi , vestrumque consilium impensuri ; and usage , custom time out of mind . . because when first summoned to our parliaments , they were never called nor admitted thereunto as members of the lords house , or as persons equal to them in power , nor admitted to sit in the same chamber , as peers , with them , but as members of an inferiour degree , sitting in a (q) distinct chamber from them , by themselves , at first , as they have done ever since , which (r) i have elsewhere proved , against sir edward cooks , and others mistakes , as modus tenendi parliamentum it self resolves , if it be of any credit . ly . because after their call to our parliaments , in h. . they had scarce the name , nor form of an house of commons , or lower house , nor any speaker of their hou●e , that we find in history or record , till e. . therefore doubtlesse they had no judicial power or jurisdiction . ly . when they became a house , and had a speaker , they could neither chuse their speaker in any parliament without a command to and license first granted them by the king , lord chancellor , or the person implyed by the king to shew the causes of summoning the parliament ; (s) who gave them a command to elect their speaker , and then to present him to the king and lords for their approbation of him at the time prescribed them ; who had then power to allow or disallow their speaker , and to order them to elect another then or afterwards , incase of unfitness , sickness , imprisonment , or any other just ground or excuse , as our parl. rolls and others attest . if then the commons can neither elect their own speakers , nor approve nor remove them , but by the kings and lords approbation ; who may discharge them upon just grounds , and order rhem to elect others in their places ; and that against their wills , as in the case of thorpe hereafter cited : then certainly the judicature in all other cases , as well as this of their very speakers , and members too , resided still in the king and lords , and was not communicated to the commons house . ly . the commons house inability to administer an oath to any person in any case (t) which the lords alone have power to doe in parliament . ly . their petitions , (u) articles of complaint , and impeachments in all parliaments , delivered and sent up to the lords against delinquents in criminal causes , as well of commons as peers , clergy men as secular persons ; and their praying the lord to judge and give sentence against them . ly . their prosecuting and giving in evidence against all sorts of deliquents at the lords bar , as accusers . ly . their standing always in such cases ; and that bare headed in the lords house , as prosecutors , informers , (x) grand-jurymen , whiles the lords alone fit , and that covered , and only give , pronounce the iudgement , and that in the comons absence for the most part , not presence . ly . their having (y) no voice or share at all in the hearing , examining , debating , reversing erronious judgements in other courts upon writs of error brought in parliament , but the lords alone . ly . the kings & judges not sitting amongst them , but only in the house of peers to authorize and assist them in their judgements , are all infallible arguments and clear irrefragable demonstrations , that the judicatory , or judicial power of parliaments was never communicated to the commons house , upon their first admittance into parliament , nor since , but remained intirely , fully in the king and lords alone , as it did before . that this is so in truth , i have the express acknowledgement and confession of the whole house of commons themselves long since , in the parliament of h. . rot . parl. n. . remaining on record to all posterity , with the kings and lords concurrent resolution , both from the time of the commons first admission , and for all succeeding ages . the commons in this parliament , november . made their protestation in the same manner they had done in the beginning of the parliament ; and more over shewed to the king (z) come les ioggementz du parlement apperteignent soulement au roy et seignieur , et nient as communes , &c. that the judgements of parliament appertained only to the king , and to the lords , and not unto the commons . and thereupon they pra●ed the king out of his special grace , to shew unto them the said iudgements , and the cause of them , that so no record mig●t be made in p●rliamen● against the said commons , which are or shall be parties to any judgement given or hereafter to be given in parliament , without that privity . whereunto the archbishop of canterbury gave them this answer by the kings commandment ; that the commons themselves are petitioners and demanders , et que le roy et les seigniours de tout temps ont eues et averont de droit les juggement in parliament en manere come mesmes les communes sont monstrez , and that the king and lords from all times have had ( for times past ) and shall have ( for time to come of right the iudgements in parliament , in manner as the commons themselves have shewed , saving that in statutes to be made , ●or in grants and subsidies , or in such things as are to be do●e for the common profit of the realm , the king will have especially their advice and assent . by this memorable record in parliament it is apparent by the commons own confession , first , that the judgments in parliament even in cases of commoners themselves , and members of the commons house as well as peers , appertain only to the king and to the lords , in the affirmative . secondly , that they appertain not to the commons , in the negative . thirdly , a confession both of the commons , king and lords , that they have from all times in all ages before that parliament appertained to the king and lords , and that of right , not by usurpation or connivence . fourthly , an express order and resolution , that the king and lord shall alwayes kéep and hold this their right of iudicature in all times to come , without admitting the commons to share therein upon this their petition , as not fit to be granted them . fifthly , that if the commons should be admitted at any time to be parties or privies to the judgements in parliaments , as they then desired ; it would be meerly out of the kings special grace . sixthly , that the special reasons , ends of the kings summoning the commons to parliaments at the first and ever since , were only these especially , . to have their advice in statutes to be made , . in grants , or subsidies , . in such things as are to be done for the common profit of the realm ; not to give them the least share , right or interest in the judicature or judgements of parliament , as it is the supremest court of justice . the judicial power and the judgements in parliament being never transferred in part or whole by the king and lords to the commons house , but intirely reserved to themselves , as before their admission in●o our parliaments , as i have proved , it follows inevitably from thence ; . that all judgements given by the commons house alone , or by any of their committees of sequestrations , examinations , plundered ministers , &c. without the lords , are meerly void and null in law , being coram non judice ; and may be justly questioned and vacated by the lords upon appeal or complaint , as nullities . . that the house of commons have no more right or power to judge or vote down the lords house , or question or null their judgements upon appeals to the commons from them ( as lilburn and overton ▪ pretend they may ) than the grand or petty jury have to vote down the judges and justices of assize or sessions from the bench , or to reverse or repeal their judgements and orders ; or the common council of london to vote down the lord mayor and aldermen , and reverse their orders and judgements in their court upon appeals unto them : they being in nature of grand jury men , and the general inquisitors of the realm , to inquire of , present and impeach , transmit delinquents of all sorts in parliament to the lords house , their only judges , cooks . instit . p. . ly , that the king and house of lords are now of right , and still ought to be the only true and proper judges of all parliamentary causes , and controversies , civil , ecclesiastical or criminal , whether they concern peers , clergymen or commoners , as they were originally before any knights , citizens or burgesses summoned to them . to clear this from all scruples and avoid mistakes , i must inform you , that there is a twofold way of proceeding and judgeing in parliaments . the . extraordinary and extrajudicial , by way of bill , act , or ordinance , by the legislative power alone ; such bills , acts , ordinances , ratifying only the precedent judgements of the lords passed against malefactors , being not any proper actual judgements in their own name . this is evident by one of the first cases wherin the commons after their admission into our parliaments , were made parties to a judgement by way of bill . in (a) the parliament of e. . there were sundry articles of high treason in accroaching royal power in divers cases &c. as likewise of misdemeanour and breach of the great charter , exhibited against the . hugh spencers ( both privy counsellors of the realm ) which upon examination were found true (b) by the earls , barons & other peers of the land : parquoy novs piers de laterre counts & barons en la presence nostre seignour le roy , agard , que sir hugh le despenser le fitz , & sir hugh le despenser le piere soient disheritz a touts jours , come disheritours de la corone & enemies du roy & de son people , & que ilz soient de tout exiles hors du royalme dangliterre , sans retourner in nul temps , si ceo ne soit de assent nostre seignor le roy , & de lassent des prelats , counts et barons , et ceo en parlement duement somons . et les donons port a dover , & nul parte aillours , a voyder & a passer hors du royalm dangliterre , enter cy la feast de sainct john le baptist prochein avenir , cest jour accompte . et si les● it sir hugh & sir hugh demurgent en le royalme dangliterre oustre le dit jour , que done lour est de voyder & de passer , come desuis est dist , ou que apres le dit jour retournet , adonques soit fait de eux , come de enemies de roy & de roialme . this judgement being given against them in parliament only by the peers , earls and barons in the presence of the king , as the close of the act for their banishment and (c) clause roll of that year recite ; thereupon there was an act drawn up ( wherein all the articles and the judgement given against them are recited ) for confirmation of this judgement , wherein the prelates and commons were made parties , though not to the judgement it self , beginning thus . al honeur de deiu , &c. luy monstrent prelates , counts , & barons , et les autres pieres de la terre , & common de royalm , contre sir hugh , &c. to which act the king much against his will , to prevent a warr , consented . the history of the lords proceedings against these spencers is thus related by * walsingham : there falling out a difference between hugh spencer the younger and earl of hereford about lands which spencer purchased of william de brews , which the earl desired to buy and had first contracted for , but spencer by his power at court bought from him ; the earl thereupon being much incensed , complained of this injury to thomas earl of lancaster ; * qui allicientes caeteros pene cunctos comites & barones in partem suam , conjurationem fecerunt maximum ad vivendum & moriendum pro justitia , & regni proditores pro viribus destruendis , & praecipue utrunque hugonem de spencer , patrem scilicet atque filium , quos odio inexorabili perstringebant , eo maxime quia regem ducebant , pro suae voluntatis arbitrio , in tantum quod nec comes , nec baro nec episcopus quicquam valuit expedire in curia sine horum consilio vel favore . omnium ergo livore persequebantur , qui omnibus pene dominabantur , & quo plus crevit eorum gloria , & eo amplius contra illos crevit invidia , quae semper accrescit abundantia aliorum . igitur barones duce thoma de lancastria apud shirborn in elmedon convenerunt , faederati prout dicitur & juramentis astricti , ad prosequendum propositum usque ad corporis & animae divisionem . sed tamen pene cuncti prae●er thomam de lancastria & humfridum comitem de herefordia & paucos alios ante finem negotii retrorsum abierunt , & prae timore mortis sese regi dediderunt : sed haec inferius plenius videbuntur . cumque barones ut praefertur apud shirburnam convenissent , quosdam artirulos proscriptionem dictorum hugonis & hugoni● composuerunt , sed tamen vias juris et aequitatis in hac parte penitus omiserunt , suorum pro tempore exequentes impetus animorum . nam illorum bona qui illis vel amicitia vel affinitate juncti fuerant , furibunde invadebant , capientes castra per violentiam , vastantes praedia per malitiam , & perimentes famulos reper●os i● custodiis eorundem , dolentes ob hoc tantummodo , quod eorum personas capere quos oderunt minime potuerunt : praedicta furia de die in diem vires sumente , barones vexillis explicatis ad sanctum albanum veniunt , per viam deripientes ubique victuali● , & pauperes terrae gravantes . in hac comitiva fuerant quidam , qui propter inveteratum odium monasterium sancti albani dictique loci monachos , se gravaturos devoverant . sed tamen disponente deo qui neminem temptari permittit supra vires , horum magister & autor tantae malitiae in villa de alysbury priusquam ad sanctum albanū attingeret , morbo percussus irremediabili , propriis seipsum descerpit manibus , & post duos dies miserabiliter expiravit . caeteri tam formidabili tremefacti vindicta , casum pro miracu●o reputantes , ab executione voti illiciti timore magis quam amore destiterun● . magnates vero apud sanctum albanum cum suis armatis exercitibus per triduum perhen in●ntes miserunt solennes ad regem nuncios londoniis commorantem , londoniensem , sarisburiensem , eliensem , herefordensem & cicistrensem , praesules qui tunc apud sanctum albanum convenerant pro pace reformanda ; mandantes , ut dominus rex non solum suam vacuaret curiam , sed regnum suum de regni proditoribus hugone & hugone le spencer , per communitatem terrae in multis condemnatis articulis , exiliumque meritum subire permitteret si diligeret regni pacem . petierun● , barones insuper , ut rex ipsis & omnibus qui in eorum comitiva arma moverant , literas patentes indemnitatis concederet , & ne pro transgressionibus transactis vel praesentibus a rege seu quovis alio futuris tem●oribus punire●ur . ad haec dominus rex respondit , quod hugo le spencer pater in suo negotio mare transierat , & hugo junior in mari ad custodiendum quinque portus , prout ex officio renebatur , qui de jure vel consuetudine exulare non debent ante responsa data per eosdem . ad●c● prae●ere● , quod eorum petitio juris & rationis fundamento carebat , eo maxime quod dicti hugo senior & hugo junior parati semper fuerant omnibus de se conquerentibus in forma juris respondere , & si probare possent eos in aliquo statuta terrae laesisse , parati semper suerant legibus regni parere . postremo cum juramento addidit , quod noluerit sacramentum violare ad quod astrictus fuerat in coronatione sua , concedendo literas pacis et indulgentiae tam notorie delinquentibus in suae personae contemptum , et totius regni perturbationem , et majestatis regiae laesionem . hiis auditis , proceres acti in ●u●iam , confes●im ad arma ▪ rosiliunt , & milites quidam super armatura coti●cas induerunt vocatas quarteloys , armigeri vero indumenta bendas habuerun● , quibus indumentis expost induti , tracti sunt & suspensi plurimide procerum comitiva . cum fastu igitur & pompa nimia barones londonias adierunt , hospitatique in suburbia civitatis , manebant pacifice donec licentiam ingredi civitatem obtinuissent : obtento a rege civitatis ingressu , magnates sicut prius in petitione sua fortiter perstiterunt . tandem interveniente regina & praefatis episcopis laudabiliter mediantibus , rex inductus est propter werrae periculum evitandum , ut condescenderet votis & petitionibus procerum praedictorum . edictoque super hiis per comitem herefordiae in aula westmonasterii publicato , hugo senior in exilium actus est . sed hugo junior in diversis locis latitans , in anglia & in mari permansit . the clause roll of e. . m. . schedula , records the proceedings with this addition : that king edward the . having summoned the lords to come to a parliament with the rest of the council at glocester , humfry de boun , roger de mortimer , and their confederates , refused to come upon the summons , for fear of hugh spencer , who was made chamberlain in pleno parliamento e. . at york , desiring that he might be committed and kept in safe custody till the parliament ; for they we●e unwilling to come to him , so long as he was with the king. the king said ; he much wondred at this their carriage , in regard spencer was never questioned in any other parliament since he was made chamberlain , for any misdemeanour : & ignorare non debetis nec potestis , quod mandata nostra omnibus & singulis ad nos ad hujusmodi mandata nostra convenientibus , protect●o & desensio sunt & debent , secundum legem et consuetudinem regni nostri . as for removing spencer from him , which they desired ; he said , it were unjust , and of ill example , aliis ministris nostris s●ipsum amoveremas à nobis totaliter , sine caus● . praef● u● vero hugonem sive quema●is alium custodiae sine causa committere non possumus nec debemus , cum hoc esset conira tenorem magnae chartae de libertatibus angliae , et contra communem legem regni nostri , ac contra ordinationes ( made by himself and the lords in parliament . ) idem enim hugo se protulit plane ac publice coram nobis ad respondendum in parliamento nostro & alibi prout debuit querelis nostri & si●gulorum a● ipso conqueretium volentium , & ad standum inde recto , &c. and thereupon he commands them to come and treat cum caeteris de concilio , at oxford ; whereas it appears by the dorse of this roll , he had formerly summoned them and the rest of the council to glocester , whether these earls refused to come . claus . e. . dorso . the whole proceedings against the spencers in parliamen , are at large recorded ( but cancelled by order of the parliament at york ) they were sent to every court to be inrolled : and the writ recites , thar their judgement was per pares in praesentia regis . soon after , the same year the king summoned a parliament at york on the . of september : (e) where this judgement against the spencers was questioned as erronious ; and being referred to the consideration of the provincial council of canterbury , they conceived it to be erronice factum , because the spiritual lords never assented to it , neither could they doe it , because it was jndicium sanguinis , for if they submitted not to the exile they were to be proceeded against as enemies to the king and realm . after which the king and some of the lords had the sentence read to them ; and they said , it was erroni●ous . the earls of richmond , pembroke and arundel said , they gave their voyces for fear of the other noble mens power : and the judges said ; consideratio praedicta fuit contra legem & consuetudinom regni . the king writes down all this , and then sends to some of the bishops that were absent from the council to know their minds januarii : who concurring in judgement with the rest ; thereupon the process , judgement and act against the spencers , was nulled and made void , before the king , lords and commons ( who were consenting to it before . ) . because they were not called to it to make their defence . ly . because the lords spiritual ( who were peers , ) assented not to it . ly , because against magna charta , & the franchises of england ; nullus liber homo utlagetur , &c. ly . because the faults were not sufficiently proved . ly . because the lords in the kings absence , of their proper authority , usurping to themselves royal power , had given the judgement of his royal assent , with the assent of the lor●s and commons , without his privity , and against his will. the judgement and process of this repeal and nulling their sentence , were sent by writ into every county to proclaim , and to null and cancel the first judgement . a little before which parliament thomas earl of lancaster , and sundry other lords , knights , and gentlemen for adhering to him , and levying war against the king , were arraigned , impeached before the lords , and commanded to be hanged , drawn , quartered and beheaded . comitum et baronum consilio , as (f) walsingham relates , without the commons peculiar assent , and accordingly executed . anno . hugh spencer the younger ( notwithstanding the repeal of his exile ) being taken by the kings forces was brought to hereford , and there arraigned publiquely before william trussel , a judge : his inditement is at large recorded in the chronicle of leicester , and in henry de knyghton de eventibus angliae , l. . c. . col . . &c. beginning thus ; hugo de dispencere en parlement nostre seignour le roy que ore est , tenue a westminstre lanquinzisme , per examinent dez praelates , contes , barones , et tote la commune de realm fuist notoriement trove , que vostre piere , & vous hugh fu●stez agardez traytours & enmys del realm ; pur quel par assent & commandment nostre seigniour le roy , vostre piere , & vous hugh fuistez exules del realm , sanz james revenir , si ceo ne fuist par lassent & commmandment nostre seignious le roy , & ceo en playne parlement duement al ceo summounz . and for his returning into england against this act , and his manifold murders , * oppressions and misdemeanors since , there recited at large , he was condemned to be hanged , drawn , bowelled , quartered and beheaded , which was executed accordingly , december . . and his head fixed on a poll , and set upon london bridge . the repeal of the spencers exile was not long after repealed , and the act for their exile re-confirmed in the parliament of e. . ch . , . in the statutes at large , which recites ; that they were exiled , disinherited and banished out of the realm by the commons assent , and award of the peers and commons of the realm , and by the assent of king edward , as traytors and enemies of the king and of his realm : and that he by the common counsel of the prelates , earls , barons , and other great men , and of the commonalty of the realm , in his parliament holden at westminster , did ordain and establish , that the repeal of the said exile , which was made by duress and force , should be adnulled f●r evermore ; and the same exile made by the award of the peers and commons by the kings assent , as aforesaid , shall stand in its strength in all points , after the tenour of every article therein contained . but this act of repeal by the like power and assent was repealed as erronious , and the heir of the spencers restored to blood and lands by the parliament of r. . rot. parl. u. . to . and that whole parliament again repealed and nulled by h. . c. . cooks instit . p. . this was the issue of this very first attainder , wherein the commons concurred with the lords , being carried by force and power on all hands in those turbulent times . in the parliament of r. . ch . , , , , , , . in the statutes at large . alexander archbishop of york , robert de vere duke of ireland , michael de la pale earl of suffolk , robert tresylien , chief justice , r. belknap , with sundry other judges , lawyers , knights , gentlemen , clergymen , and other commons and prelates were impeached by the duke of glocester , and other lords appellants of high treason , in articles , & thereupon attainted , condemned , judgement of death , banishment , forfeiture of their lands and estates given against them in parliament by the lords , without the commons . after which the lords exhibited a petition to the king for the confirmation of the said attainders and forfeiture . whereupon the king considering the mat●er of the said petition to be true , at the request of the said commons , of the assent of the prelates , dukes , earls , barons , and all others of this present parliament , granted the request of the said commons in all points , after the form of the said petition ; and moreover of the assent aforesaid , passed sundry acts touching their attainders , judgements , exiles , and forfeitures , which all may peruse at leisure in the statutes at large . in the parliament of r. . upon the petition of the commons , by the like assent , c. . to . in the statutes at large ; these attainders , judgemens , forfeitures , and the whole parliament of r. . were repealed , as erronious , and nulled . yet after by the parliam . of h. . c. . the parl. of r. . is nulled , and that of r. . revived and confirmed , with all the attainders , and judgements therein given . in the parliament of h. . c. . owen glendor , formerly endited and attainted of high treason for his grand insurrections and rebellions , by the assent of the lords spiritual and temporal , and of the king● at the special request of the commons , was by special act , declared a traytor ; and all manner of indictments , inquisitions , processes , records , judgements , ordinances , statutes made against him , authorized , established for law , by assent of the lords and commons in parliament . in the parliament of h. . c. . the king by the advice of the lords spiritual & temporal , and at the request of his commons , by a special act , attainted john cade of several high treasons , for traytorously iman●ging the kings death , the destruction and subversion of this realm , in gathering and levying great numbers of the kings people , and them exciting to make insurrection against the king , his regalty , crown , and dignity , and to make and levy war falsly and trayterously against the king : for which they confiscated all his lands , tenements , rents and possessions to the king , corrupt and disable his blood for ever , and enact him to be called a false traytor within the realm for ever . and in h. . c. . with the advise and assent of the lords , and at the request of the commons , it is ordained , established , that the said john cade shall be reputed , had , named , and declared a false traytor to the king ; and all indictments and proceedings had and made under the power of his tyranny , were clearly repealed and adnulled for ever , and to be of no effect , but void in law , and put in oblivion , and destroyed for ever , as purposed against god and conscience , and the kings royal estate and preheminence , and also dishonourable and unreasonable . in the parliament held anno h. . rot . parl. n. . to . richard duke of york with sundry other lords and commons were attainted of high treason by bill for conspiring and levying war again●t the king. and in the parliament of * e. . rot . parl. n. , . to king henry the h. the queen margaret , edward prince of wales , henry duke of somerset , the earl of devonshire , with sundry other knights , esquires , and gentlemen , priests and yeomen were attainted of high treason by bills , for levying war against king edward the . in the parliament of e. . rot . parl. n. . to . the duke of somerset , henry beauford , sir ralph piercie , with sundry other knights , esquires and gentlemen were attainted of high treason by bill for levying war against the king ; most of which attainders in the parliaments of e. . rot . parl. n. . (g) to . e. . n. . e. . n . , , , , . e. . n. , , , . e. . n. ▪ were repealed by bills , and the parties , or their heirs restored to blood and lands . in the parliaments of e. . rot . parl. n. , , , . sir richard and sir robert wells , john vere , earl of oxford , sir thomas vere , with sundry more knights and gentlemen were attainted by bill of high treason , for levying war against the king , and some of the attainders repealed by bill afterwards . in the parliament of h. . c. . elizabeth barkin , richard master , edward barkin and sundry others were attainted and condemned of high treason , & john fisher bishop of rochester , thomas gold and others of misprission of high treason , by act of parliament . in the parliament of h. . c. . queen anne , george lord rochford , sir henry norris , sir francis weston , william breerton esquire , and mark sutton were convicted and attainted of high treason , and their lands forfeited by bill . in the parliament of h. . thomas lord cornwell was convicted and attainted of high treason by bill ( against law , and the great charter ) without ever being called to answer , or any legal hearing , for the treasons therein expressed , according ●o his own intentions to have thus proceeded against others without legal tryal . in the parliament of h. . c. . queen katherine , & jane , lady rochford were convicted and attainted of high treason by bill , to which act the king was enabled to give his royal assent , by letters patents , signed by him under his hand with his great seal , notified and published in the higher house , to the lords spiritual and temporal , and the commons there assembled , without comming to the house in person to give his royal assent thereto . in the parliament of & . ed. . ch . . sir william sharington knight being indicted and attainted of high treason , for forging and coyning of mony called testons , his attainder was confirmed by act of parliament and his lands forfeited . and ch . , sir thomas seymor lord seymor of sudley , and high admiral of england , for his trayterous aspiring to the crown of this realm , and to be king of the same , and for compassing and imagining by open act to deprive the king of his royal estate , and title of his realms , and for compassing and imagining the death of his noblemen , and most trayterously to take away and destroy all things which should have sounded to the let or impediment of this his most trayterous and ambitious enterprise ( as the act recites ; ) and for other his misdemeanors , innumerable untruths , falshoods , deceiptfull practises , outrages against the king , oppression , & manifest extortion upon the subjects of the realm , was adjudged and attainted of high treason by bill , and to sustain such pain of death , and other forfeitures , aes in cases of high treason have been used being a member so unnaturul : unkind , and corrupt , and such a heynous offender of his majesty and his laws , that he cannot nor may not conveniently be suffered to remain in the body of the commonwealth , but to the extreme danger of the kings highness , being the head , and of all the good members of the same , and of too pernicious and dangerous example , that such a person so bound to his majesty by sundry great benefits , and so forgetfull of them , and so cruelly and urgently continuing in his false and treacherous intents and purposes against his highness , and the whole estate of his realm , should remain among us . in the parliament of mariae ch . . the attainder of queen katherine is reversed by bill ; and ch . . the attainders of john duke of northumberland , thomas cranmer archbishop of canterbury , william marquess of northampton , john earl of warwick , sir ambrose dudley , with other knights and gentlemen , formerly convicted and attainted of treason , according to the law of the realm , for their detestable and abominable treasons , in proclaiming and setting up queen jane , to the peril and great danger of the person of queen mary , and to the utter loss , disherison , and destruction of the realm of england , if god in his infinite goodness had not in due time revealed their trayterous intents ( as the act recites ) at the petition and with the assent of the lords spiritual and temporal , and commons in parliament , were confirmed and ratified by a special act. in the parliament of eliz. c. . the attainders of thomas lord paget , sir francis englefield , and sundry other knights and gentlemen , who were lawfully indicted , convicted , and attainted of many unnatural , detestable and abominable treasons , to the fearfull peril and danger of the destruction of the queens majesties person , and of the realm , were confirmed by a special act , and ch . . there is another act , to avoid fraudulent assurances , made in certain cases by traytors . in the parliament of jacobi , ch . . sir ever●rd digby , robert winter , guy fawkes , robert cates●y , and all the rest of the gunpowder traytors who undertook the execution of the most barbarous , execrable and abominable treason that could ever enter into the hearts of most wicked men , by blowing up the lords house of parliament , with the king , queen , prince , lords spiritual and temporal , judges , knights , citizens , and burgesses of parliament , therein assembled ; were attainted of high treason , and their former attainders and convictions confirmed by a special act : and in this very last parliament , the * earl of strafford lord deputy of ireland , and * william laud archbishop of canterbury , after judgement of high treason , upon their several impeachments and trials given against them by the lords in their house , were likewise attainted of treason , and their judgements ratified by a special bill and ordinance , to which the commons assented , as well as the lords ; their assents to attainders , by way of act or bill being so necessary , that if the king in parliament wills , that such a man shall be attainted of treason and lose his lands , and the lords assent , and nothing is spoken of the commons in the bill , this is no act nor , good attainder in law , and the petson shall be restored by the opinion of all the judges , h. . f. . broke parliam . . fitz. . h. . . h. . . broke parliam . . plowden . h. . . as the commons in our english parliaments have assented to all these and some other bills , and acts of attainder cited in sir edward cooks institutes , ch . , . and mr. st. johns argument at law concerning the bill of attainder of high treason of thomas earl of strafford , printed by order of the commons house . so i find that the commons in ireland have done the like in the parliaments held in ireland , as the printed statutes of ireland h. . c. . for the attainder of the earl of kildare , and others of high treason . eliz. ch . for the attainder of shan o neyle and others of high treason , of eliz ch . . & . for the attainders of fi●zgerald and others of high treason , of eliz. ch . . for the attainders of iames eustace and others of high treason , of eliz. ch . . & . for the attainders of the earl of desmond , john brown and others , and of jacobi ch . . for the attainders of the earl of tyrone and others of high treason , for their several rebellions , insurrections , wars , against their soveraigns , and other treasons mentioned in these respective acts , abundantly evidence . but yet the commons assents to all these bills of attainders in cases of high treason , did not institute them judges of these persons , nor give them any share in the judicial right and power of parliaments , . because most of these persons thus attainted by bill , were queens , dukes , earls , lords , barons , and peers of the realm , who were triable & to be judged only by their peers , & none else , by the common law of england , magna charta , c. . and sundry other acts , not by the commons , who are not their peers . ly . because most of these parties thus attainted by those bills , were first attainted , tried , judged , condemned in parliament by the lords alone , as their proper judges , upon the complaints or impeachments of the lords appellants , or of the commons themselves , or else before some other judges , upon indictments and legal tryals ; and those acts did only confirm and ratifie their precedent attainders recited in them . ly . because in many of these acts the commons did only petition , that their attainders might be ratified by bill , and the king and lords assents thereto , which was done at their request as petioners , not judges . ly . because their judgements and attainders , passed formerly by the lords and judges , were good in law , though thus ratified afterwards by bill , for the greater terror , certainty , and satisfaction ; and these bills did pass no new judgements and attainders upon the parties , but only ratifie the old ; and in cases where there was no precedent attainder , they attaint them only by vertue of their legislative power , without any indictment , tryal , or hearing of the parties themselves , as judges of them ( some of them being dead when attainted ) taking all the charges in the bills pro confesso , and notoriously true , and proved such by some other precedent legal convictions and evidences . ly . there is a formal proper judgement given in our parliaments both in criminal and civil causes , upon complaints , articles , petitions , impeachments , inditements , informations , writs , appeals , reports , references , and that either against or concerning peers themselves , or against or concerning commoners , and other laicks or clergy-men . and in all such cases , proceedings , the king and lords alone have a proper judiciary power or right of judicature without the commons , vested in and executed by them , which i shall abundantly evidence and make good by sundry memorable presidents out of our histories and records in all ages , not vulgarly known , and for the most part never yet remembred by any who have wri●ten of our parliaments , and the proceedings in them , whose treatises are very slight , unsatisfactory , and in many things of this nature , erronious . i shall begin first with presidents concerning ecclesiastical & temporal lords alone , proceeded against , impeached , judged , censured in our parliaments for sundry criminal causes , offences , treasons , wherin the house of commons can challenge no share or voice in the judicature , ( especially in the case of temporal lords , who are such in their own right , and sit in parliament ratione nobilitatis ) but the lords alone , and that by the express letter and resolution of the great chariers of king john , and of king henry . and ed. . c. . . e. . c. , , . and ro● . parl. n. . . r. . rot . parl. n. , . h. . rot . parl. n. . h. . ror . parl. n. , , . h. . c. . h. . c. . h. . c. . . h. . c. . h. . c. . h. . c. , , . h. . c. . ed. . cap. . mar. c. . & phil. & mar. c. . & phil. & mar. c. . eliz. c. . . eliz. c. . eliz. c. . eliz. c. , , . el. c. . el. c. , . el. c. . e. . . fit : corone ● . h. . . e. . . brooke trial . stamford ▪ l. . c. . f. . h. . brook● trial . h. . bro : corone . h. . . br. treasons . h. . br. treasons . . dyer . . . . cook rep. f. . rep. f. . . and cooks instit . f. , , , , . and his instit . c. . & . p. , , . , . all which declare , enact , resolve , that the peers of this realm shall not be tried or proceeded against , but only by the lawfull judgement , and verdict of their peers . the lords and barons of parliaments trial by peers alone of their own rank , being so essential , that they cannot waive , nor put themselves upon the trial of the country , by . ordinary freeholders , as was resolved in the lord dacres case , pa. h. . cooks institutes , f. . much less then can they waive their peerage it self , and sit as commoners in the commons house , as i have formerly proved . the first president i meet with in our histories of this nature , is in the reign of cassibelan the british king , who having repulsed julius caesar upon his first landing in this island and forced him to return into france , (a) edictum fecit ut omnes proceres britanniae convenirent ; to the city of ●roynovant , now london : where evelin , nephew to androgens duke of troynovant , slaying heralgas nephew to cassibelan , upon a sudden quarrel as they were playing together , cassibelan thereupon commanded evelin to be brought before him , talem sententiam quam proceres regni judicarent subire : which androgeus opposing , ●aying sese suam curiam habere , & in illa diffiniri debere quicquid aliquis in homines suos clamaret ; thereupon cassibelan threatned to waste his country with fire and sword , if he refused to deliver up his nephew to justice , to undergo the sentenc● quam proceres dictarent : which he accordingly executed , for refusing to put his nephew upon the trial and judgement of the nobles for this murder . the next president i find , is that of (b) wilfrid archbishop of york , who for refusing to divide his bishoprick into two bishopricks more , and for endeavouring to perswade queen emburga , to become a nun , and desert her husband egfrid , king of northumberland , was through that queens malice and prosecution in two several parliamentary councils anno . & . twice deprived of his archbishoprick and banished the realm , by king egfrid , theodor archbishop of canterbury , and the rest o● the bishops and nobles of the realm assembled in these councils ; and at last restored to his archbishoprick again , in another council , an. . by king osred his will and consent . about the year of our lord . (c) elfred a nobleman , who opposed aethelstans title and election to the crown , though in vain , intended to seise upon him at winchester , and put out his eyes ; but his treason being discovered , he was apprehended and sent to rome to purge himself thereof by oath : where he abjuring the fact before the altar of st. peter in the presence of pope john the th . fell down suddenly to the ground as dead , and being thereupon carried away thence to the english school , he there expired within dayes after . the pope acquainting the king therewith , and craving his advice , what to do with him , and whether he should have christian burial ? the king thereupon assembled a council of the nobles of his realm , at whose inteaty he granted him christian burial ; but for this his treason , they confiscated all his lands great and small to the king , who by their consent granted them all to the abbey of malmsbury by his charter : wherein he recites elfreds treason , death , and the judgement given against him by the nobles : adding sciant sapientes regionis nostrae , non has praefatas terras me in iuste rapuisse , rapinamque deo dedicasse ▪ sed sic eas accepi quemadmodum judicaverunt omnes optimates regni anglorum : et sic adjudicata est mihi tota possessio ejus in magnis et modicis . here we have a direct judgement given against elfred after his death , by all the nobles of the realm assembled in a parliamentary council , for treason against the king , for which they adjudged , he should forfeit all his lands to the king : whose seisure of them by this legal judgement , was no rapine , but a just and legal perquisite , which he in gratitude dedicated unto god. (d) anno . as some ; or . as others relate , king ethelred banished alfric duke of mercia ▪ out of the realm : the cause and manner thereof , not expressed by our historians , is thus recited in king ethelreds charter to the abbot of abingdon , in the leiger book of abingdon , f. . that alfric had forcibly ravished and taken away , willemetrant and syrene from a widdow named eadfeild , for which he was banished : after which being recalled , and made one of the kings admirals against the danes , anno · he played the traytor and revolted to the danes , as our historians record ; for which treason , & as that charter recites ; quia cum ducatu suo contra regem ethelredum reus exstitit , omnes possessiones ejus regis ditioni subactae sunt : and that by the lords judgement given in a council at cirencester : stiled synodale concilium ad quod omnes optimates mei simul in unum convenerint , et eundem a●fricun majestatis reum , de h●c patria profugum , expu●erunt : by whose judgement , as he seised his dukedom and lands there adjudged to be forfeited for his treason , it is likewise probable he caused the eyes of algarus , son of this traytor alfric to be put out : an●o . when this council at cirencester was held , as i conjecture . in a great parliamentary council held at oxford , (b) anno . king ethelred caused some nobles of the danish race , whereof sygeforth and morcar were chief , to be suddenly and secre●ly slain and put to death , as being noted and accused of treason and perfidiousness towards the king ; who thereupon seised upon their earldoms , lands and goods . king cnute (c) anno . by his precepts assembled all the bishops , dukes , princes and nobles of the english nation in a great parliamentary council at london , where they all swore allegeance and homage to cnute as their king , totally rejected , abjured edmond ironsides sons and brothers , ( right heirs to the crown ; ) against their former oaths of allegiance to them , and by wicked advice , ad●udged prince edwin to be banished the realm , and edmond ironsides sons to be sent beyond the seas , to be slain by the barbarians ; for which , by divine retaliation , ●he chiefest of them within one year after , were slain or banished the realm by king cnute , whom they endeavoured to ingratiate and secure by this their unjust sentence . the (d) chronicle of bromton , (e) caxton in his chronicle , and (f) mr. selden , record this memorable proceeding in an appeal of treason against earl godwin in a parliamentary council held about the year . godwin earl of kent being enforced to fly into denmark to preserve his life , for the murder of prince alfred , brother to king edward the confessor , hearing of edwards piety and mercy , resolved to return into england , humbly to implore his mercy and grace , that he might regain his lands then confiscated for it ; having provided all things for his journy he put to sea , arived in england , and posted to london , where the king then held a parliamentary council wi●h all his nobles . comes godwinus usque londonias ubi rex et omnes regni magnates ad parliamentum tunc fuerant , properavit , rogans ibi et petens amicos & consanguineos suos , qui post regem majores terrae fuerunt , ut gratiam et amicitiam à rege sibi perquirere studerent . qui super hoc consilio inter eos deliberato , ipsum coram rege pro grat●a obtinenda secum duxerunt . sed statim cum rex eum intuitus esset ▪ de proditione et morte alfredi fratris sui , ipsum appellavit in haec verba . proditor godwine ego te appello de morte alfredi fratris mei , quem proditionaliter occidisti . cui godwinus se excusando respondit . domine mi rex , salva reverentia et gratia vestra , pace & dominatione , fratrem vestrum unnquam prodidi veloccidi ; unde super hoc pono me in consideratione curiae vestrae . tunc d●xit rex , karissimi domini , comites et barones terrae : qui est●s homines me● liget modo hic congrega●● , & appel●um meum responsumque godwini audisti● , volo , quod inter nos in ista appellatione rectum judiciam decernatis et debitam justitiam faciatis : comitibus vero et baronibus super hoc ad in vicem tractantibus , quid●m inter eos de justo judicio faciendo diversimodo sentiebant : alii enim a●cebant ; quod nunquam per homagium , servitium , seu fidelitatem godwinus regi exstitit alligatus ▪ et ideo proditor suus non fuit ; & quod ipsum etiam manibus fuis non occiderat . alii vero dixerunt : quod comes , nec baro , nec aliquis regi subditus bellum contra regem in appellatione sua-de lege potest vadiare , sed in toto ponere in misericordia su● , et emendas sibi of●er●e competentes . tunc leofricus , consul cestriae ▪ probus homo quoad deum & seculum , dixit : comes godwinus , post regem & homo melioris parentelae totius angliae , et dedicere non potest , quin per consilium suum alfredus frater regis interemptus fuit ; unde per me considero , qúod ipsemet & filius suus , et nos omnes . comites , qui amici et consanguinei sui sumu● , coram rege humiliter procedamus , onerati cum tanto auro et argento quantum inter brachia sua quilibet nostrum poterit bajulare , illud sibi pro su● transgresin afferendo , et suppliciter deprecando , ut ipse malevolentiam suam , rancorem et iram comi●i con onet : et acce● t is homagio suo & fidelitate , terras suas sibi integre restituat e● retradat . illi au●em omnes sub ista forma thesauro se onerantes , et ad regem acced●ntes , seriem & modum considerationis eorum sibi demonstr●bant . quorum considerationi rex contrad●cere nolens , quicquid judicaverant per omnia ratificavit : concordia igitur sub isto modo inter eos facta , comes statim reobtinuit integreterras suas (f) by this notable president it is most apparent : that the peers and barons in parliament , were then the sole and only judges , and gave judgement in it : that peers in the confessors reign and before , were only to be tried , judged by their peers : and that their judgement and resolution was binding even to the king himself , who ought to assent to and confirm their judgements given in his own appeal and particular cases . (g) in the year of our lord , . this earl godwin refusing to execute king edwards unjust command , to fall with his army upon the inhabitants of dover , upon the complaint of eustace earl of boloigne , whose men they slew in an affray raised by their own insolency and abuse ; conceiving it to be unjust to condemn and execute them before a legal hearing , trial and conviction , upon a meer accusation ; thereupon eustace and the normans accused godwin and his two sons , harold and swain , to the king , that they disobeyed and went about to betray him . wherefore , totius regni proceres , all the nobles of the realm were commanded to meet together at glocester , that the business might be there debated in a great parliamentary assembly . syward earl of northumberland , leofri● earl of mercia , and all the nobility of england there meeting upon this occasion ; godwin and his two sons only absented themselves , thinking it not safe to come thither without a strong armed guard : upon this they raised a great army under a pretence to curb the welshmen , marching with their forces into glocestershire as farr as beverston castle . whence he sent a message to the king , to deliver up to him earl eustace , with his companions , and the normans and bononians who kept dover castle , else he would denounce war against him . the king having raised a powerfull army , returned him this answer ; that he would not deliver them up to him : withall commanding him and his sons to come unto him on a set day , to answer his raising of an army against him , and disturbing the peace of the realm without his license , and to submit himself to the law for the same . at last to prevent a bloudy battel , by the mediation of the nobles of england ( engaged on both parties in this quarrel ) it was agreed , that hostages should be given on both sides , and that the king and godwin should meet in another parliamentary council at london on a certain day , to plead one with another : where such a council ( or parliament as our english later historians stile it ) being assembled : godwin and his sons were summoned to appear therein only with men to attend them : which they thinking both unsafe and dishonourable to them , refused to appear without hostages and pledges also given for their safety , refusing to surrender their knights fees to him ; the king for their contempt to appear and justifie themselves in his court of parliament , thereupon in suo concilio communi curiae suae judicio ; by the common council and judgement of his court ( of parliament ) banished godwin and his . sons out of england : and a decree was published , that they should depart w●thin . days out of england ; which judgement and outlawry against them , was given in parliamento pleno , as radulphus cistrensis in his poly●h●onicon , henry de knyghton , de eventibus angliae , l. . c. . and other historians inform us . godwin and his sons hereupon departing the realm , infested it both by sea and land , till at last raising a potent navy and army , to prevent further danger and effusion of blood ; the king by the council of his nobles assembled for that purpose ; reversed the unjust judgements given against them , restored them to their lands , honors , powers , and banished those aliens who gave the king ill counsel , and incensed him against godwin and the english . (h) king edward anno . habito londini concilio , holding a parliamentary council with his prelates and nobles at london , banished algarus son of leofric earl of mercia out of the realm (i) quia de proditione regis in concilio convictus fuerat ; because he was convicted in the council of treason against the king ; as some historians write : yet florentius wigorniensis , simeon dunelmensis , hoveden henry de knyghton , and others affirm , that he was banished sine culpa , without any crime at all : whereupon he coming with ships out of ireland , joyned with griffin king of wales , raised a great army and invaded england ; whereupon by agreement he was restored by the king to his earldom : after which , (k) anno . he was banished the second time , and by th● ayd and assi●tance of gr●ffin , restored again to his earldom ( whereof he was unjustly deprived . ) in the year . * waltheof earl of northumberland , with sundry other earls , bishops and abbots , and other eng●ishmen , meeting together at the mariage of earl ralph to the daughter of william fitz o●bert , conspired together against king william the first ( then in normandy ) to expell him out of his kingdom , reputing it a great dishonour , that an illegitimate bastard should rule over them : for which purpose they raised forces and confederated themselves with the danes and welshmen . but being resisted by the kings party and routed ; thereupon the king posting into england , imprisoned roger earl of hereford , and earl waltheof , though he revealed the whole conspiracy to archbishop lanfranke , and submitted himself to the king before it brake out , by which means it was timely suppresed . the king the next nativity of our saviour following , curiam suam tenuit held his court ( of parliament ) at westminster ; wherein , ex eis , qui contra eum cervicem suam erexerant , de anglia quosdam exlegavit , quosdam eru●is oculis , vel manibus truncatis , deturbavit ; comites vero walt●eolfum & rogerum judici ali sententia damnatos arctiori custodiae mancipavit ; and the next year . comes waltheofus ju●su regis willielmi extra civitatem wintoniae ductus est indigne , et crudeliter securi decapitatur , et in eodem loco terra obruitur et in bivio sepelitur . sir edward cook in his . institutes p. . affirms , that this roger earl of hereford was tried by his peers , and found guilty of this treason , per judicium parium suorvm : who was thereupon imprisoned all the days of his life . if then this court thus held , was a parliament , and those earls there tried and found guilty of treason in it by their peers even under the conqueror himself ; it is a most pregnant authority to prove ; that peers are triable only by their peers in parliament ; that they are the only judges in parliament in cases of treason , and did then give sentence of banishment , and pulling out the eyes , and cutting off the hands of traytors of inferiour condition , as well as sentence of death , decapitation , and perpetual imprisonment against those two earls . (k) anno . there was a great council held at winchester , jubente & praesente rege gulielmo , wherein si●gan● archbishop of canterbury , his brother bishop agelmar , and lundry abbots were degraded for many pretended rather than real crimes and misdemeanours , operam dante rege ut quamplures ex angliis suo honore privarentur , in quorum loco suae gentis personas subrogavit , in confirmationem sui ( quod noviter acqusierat ) regni . hic & nonnullos tam episcopos quam abbates , quos nulla evidenti causi , nec concilia , nec leges seculi damnabant , suis honoribus privavit , & usque ad finem vitae custodiae mancipatos detinuit , suspicione tantum inductus novi regni : as florentius wigorniensis and others inform us . and in another (l) council held the same year at windsore , bishop agelric ( for pretended crimes ) was uncanonically degraded , without any fault , and presently after sent prisoner to marlebridge : in this council many abbots were likewise degraded , and norman monks put in their places . in the year of william rufus , (m) anno dom. . there fell out a great difference between the king and archbishop anselm upon this occasion . the king alleged that it was the royal prerogative of him and his ancestors , that no man without his license or election should nominate or acknowledge any one within the realm of england , to be a lawfull pope , or yield obedience to him as pope : and that whosoever would deprive him of this royal prerogative , it was all one as if he endeavoured to deprive him of his crown . anselm whiles he was abbot of becca in normandy , before he was made archbishop of canterbury , had acknowledged urban to be lawfull pope , whom the king had nor yet received as pope , and resolved to receive his pall from him , and by no means to recede from this his subjection and obedience to him . upon which occasion the king being highly displeased with him , protested , that anselm could not possibly keep that allegiance which he owed to him , and likewise his obedience to the apostolick see , against his will , they being inconsistent together ; and thereupon reputed him a traytor to his crown and dignity . anselmus igitur ●e●ivit inducias ad istius rei examinationem quarenu● episcopis , abbatibus , cunctisque regni principibus una coeuntibus communi assensu definiretur ; ●rum s●lva reverentia & obe●ientia sedis apostolicae possit fidem regi terreno ser●are , an non ? quod si probatum inquit , fuerit , utrumque fieri minime posse , fate or malo terram tuam , donec apostolicum suscipias , exeundo devitare , quam beati petri ejusque vicarii obedientiam vel ad horam abnegare . dantur ergo induciae atque ex regis sanctione firme totius regni nobilitas quinto id. martii , pro ventila●ione istius causae in unum apud rochingh●ham coit . all the bishops , abbots and nobles being there assembled in a parliamentary council , this controversie between the king and anselm being stifly debated for many days , the king required , and the bishops and nobles much pressed anselm , singly to submit himself to the kings will , without any saving of his obedience to the pope : which he peremptorily refused , this being the sum of his answer to the bishops and nobles . cuncti noveritis in communi , quod in his quae dei sunt , vicario be ti petri obedientiam ; & in his quae terrenae domini mei regis dignitati jure competunt ; & fidele consilium & auxilium propensus mea capacitate impendam . the king extremely incensed with his answer , most intirely inquired of his bishops and nobles ; what he should object against his speeches ? after much consultation they agreed upon an answer ; telling anselm , noveris totum regnum conqueri adversum te , quod nostro communi domino conaris decus imperii sui , coronam auferre , quicunque enim reg●e dignitatis & consuetudines tollit , coronam simul & regnum tollit , &c. whereupon they advised him to renounce urban , and to submit to the king , and crave his pardon for his offence ; which he refusing , they perswad●d the king to give him no longer time to advise , if he persiste● in his obstinacy ; sed in eum mox judicii sententiam invehi , juberet : the king and bishop of durham pre●ed , that he might be deprived of his ring , pastoral staff , and bishop●ick , and banished the realm , if he would no submit to the kings will ; which some of the nobles misliking ( concei●ing , that he being their superiour and metropolitan , could not be judged by them , but by the pope alone ) the king said , quid placeat si haec non placent ? dum vivo parem mihi in regno utique sustinere nolo , &c. anselm thereupon desired the kings safe conduct , promising voluntarily to depart the realm , but refused to resign his bishoprick ; which the king refused to grant unlesse he resigned it : at last , by the mediation of the nobles and bishops , the king granted him longer time to consider of his absolute submission to him ; upon the promise of his loyal and peaceable deportment in the interim , and so this parliamentary council ended , the proceedings whereof are at large recorded by * eadmerus , well worth perusal . anno (n) . robert de mulbrain , william de auco , and many others , conspired to deprive king william rufus both of his kingdom and life , and to make stephen earl of albemarl king , whom the king having thereupon taken prisoners by an army raised against them , and committed to safe custody , till their trial in parliament . anno . days after epiphany , apud salisberiam tenuit concilium ; in quo jussit gulielmi de auco , in duello victi oculos eru●re , & testiculos abscindere , & dapiferum illius gulielmum de alderi , suspendi . comitem odonem de campania , praedicti stephani patrem , & quosdam alios traditionis participes in custodiam posuit . here the king and lords in a parliamentary council , ●udge and condemn traytors to death , imprisonment , or other corporal punishment , as well commons as peers . in the year of christ , . . (o) ranulph flambard bishop of ●urham , consilio gentis anglorum , by the vote of the whole parliament of england , was clapt up prisoner in the tower of london by king henry the . at the importunity of the nobles , and the innumerable complaints made against him , he being the chief author and promoter of all the evil customs , extortions , and unjust oppressions of the realm and people , exercised by king william rufus ( then redressed by the charter of king henry , made and ratified by the assent , advice of his nobles and barons ) exacting many times twice as much of the people as w●lliam rufus required , wherewith the k. very well content , would laugh , and say , that ranulph was the only man for his turn , who cared not whom he displeased , so he might please his master . after he had been imprisoned some space , he made an escape out of the tower by a rope , hurting his leg and arm by a fall from the wall to the ground , the rope being too short ; & then escaping into normandy , instigated d. rob. to claim the crown , and invade the realm ; to his own great loss , the effusion of much christian blood , and great disturbance and damage of the kingdom ; being ad omne scelus paratus . anno dom. . (p) there was a general council held in the church of st. peters in westminster on the westside of london ; communi assensu episcoporum , et abbatum , et principum totius regni : huic conventui affuerunt ( anselmo archiepiscopo petente a rege ) primates regni , quatenus quicquid ejusdem concilii auctoritate d●cerneretur , vtriusque ordinis concordi cura & sollicitudine tatum servaretur ; sic enim necesse erat . i● this council the sin of symony was first of all condemned by the authority of the holy fathers , and wido abbot of pescore , wimundus of tavestock , and baldwin of ramsy , godric of burgh , haymo of cernel , egelric of midleton being therein convicted of simony , were removed and deposed for it by this council , and richard abbot of ely , robert of st edmonds and the abbot of miscelen deposed for other particular crimes and offence● . a●o● which the king being much incensed against anselm and other bishops for refusing to consecrate those bishops whom the king invested with a staff and ring , the king and anselm having a hot contest about it at canterbury , ne ipse perdendo suorum jura an●ecessorum ipsis vilior esset : * anselm requested the king ● deferr ●he business till easter ▪ ut aud●to episcoporum , regni●ue primatum concilio , qui modo non assunt ; responde●m hi● ▪ which the ●ing consenting to , at easter , communis concilit vocem unam accepit , that he should goe to rome to the pope to procure a repeal of the canon , made against investi●ures ; and that as the kings embassador , regis preces , regnique negotia apostolicis auribus expositurus : anselm undertaking the journey to rome , like an arch-traytor , so incensed the pope against investitures , and the king , that william warenast the kings embassador telling him , h● kn●w the king would rather lose his crown than this privilege of investitures : the pope thereto replyed ; yea , let him lose his head also if he will , whilst i live , he shall never appoint any bishop in his realm , but i will resist h●m what i may . the king hereupon ( by the advise of his nobles ) prohibited anselm to return into england , and seised all his temporalties , and ●oods moveable and unmoveable into his hands , keeping him in exile for years space , after which he was conditionally restored , at the mediation of the kings sister adela . anno . * robert duke of normandy , was first adjudged to a shamefull cruel death , and after that to have his eyes pulled out , and he kept perpetual prisoner : and earl morton with others adjudged to perpetual prison , by the peers , for taking up arms against king henry the . king (q) stephen having against his own , the bishops and nobles oaths to king henry and maude , usurped the crown , anno . there were divers rumours spread abroad , that robert earl of normandy , and mawde would invade england , and that roger bishop of salisbury , and alexander his nephew , bishop of lincoln , who were very powerfull , wealthy , and had built , fortified and furnished divers strong and stately castles , would upon the empress landing surrender them to her , and revolt from stephen to her party , paternorum scilicet beneficiorum memoria inducti , being both advanced and inriched by her father : whereupon the nobles oft times wished stephen to compell them speedily to resign their castles to him , least he repented too late for not doing it , when they were in the enemies power . thereupon the king on the of july apud oxenford , facto conventu magnatum , summoned both these bishops to this parliamentary assembly ; to which bishop roger was very unwilling to come , having a great reluctancy in his mind against it ; whereupon he excused his coming , by reason of his age and infirmity : but that would not be admitted , come he must , and did . when these bishops came to oxford , there fell out a sudden quarrel between the servants of the bishops , and the servants of alan earl of britain , as they sate together at the table , the bishops men quarrelling with the earls , and falling first a fighting with one another with their fists , and at last with their swords , a sore fray was made , divers being wounded on either side , and one slain ; the earls servants being put to slight by the bishops . the k. taking this occasion , conveniri jussit episcopis , ut curiae suae satisfacerent de hoc , quod homines eorum pacem ipsius exturbassent : modus fatisfactionis foret , ut claves castellorum suorum quasi fidei vadis traderent . the bishops said they were ready to give the king satisfaction , but delaying the surrendring of their castles , he commanded them to be more strictly watched , lest they should depart ; and the king carrying the bishop of salisbury with him , besieged his castles till they were surrendred to him by composition . this act of the king was variously interpreted , and very i●l resented by all the bishops , who thereupon revolted from him , first in their affections , and then by their actions to mande , when she arived , and elected , declared her right heir to the crown . henry bishop of winchester the popes legat , though king stephens own brother , publikely to the kings face , as well as privately , affirmed , si epis●opi tramitem justitiae in aliquo transgrederentur non esse regis sed canonum judicium : sine publico et ecclesiastico concilio illos nulla possessione privare debuisse : regem id non ex rectitudinis zelo , sed commodi sui compendio fecisse , qui castella non ecclesiis , ex quarum sumptibus , et in quarum terris constructa erat , reddider●t ; sed laicis , eisdemque parum religiosis , contradiderit , &c. quapropter vigorem canonum , experiendum ratus , conciliio quod quarto calend . septembris celebraturus erat wintoniae , fratrem stephanum , incunctanter adesse praecepit . dicto die omnes fere episcopi angliae , cum theobaldo archiepiscopo cantuariensis , venerunt wintoniam : in which counc●l the bp. of winchester first reading his legats commission in england granted him by the pope , and then relating the great indignity done by king stephen to those bishops by imprisoning their persons and seising their castles against the canons , demanded the archbishops and bishops advice what to do therein : concluding , se ad executionem concilii , nec pro regis amicitia , qui sibi frater erat , nec pro damno possessionum , nec etiam pro capitis periculo defuturum . rex causae suae non diff●sus comites in concilium misit , quaerens cur vocatus esset ? responsum est à legato in compendio : non debere illum , qui se christi fidei subjectum meminisset , indignari , si à ministris christi ad satisfactionē vocatus esset , tanti reatus conscius , quantum nostra secula nunquam vidissent , &c. consulte vero in praesentiarum rex faceret , si rationem facti sui redderet , vel canonicum judicium subiret : ex debito etiam oportere ut ecclesiae faveret , cujus sinu exceptus non manu militum in regnum promotus fuisset . hereupon the earls departing , having provided an answer , returned with one albric de vere , an experienced lawyer : who aggravating the bishops offences against the king , and the ●ray of their servants at oxford in a modest manner , without reproach ; alleged , that they being accused by general reports in all mens mouths , for intending to deliver up their castles to maud upon her arival , the king had thereupon apprehended and imprisoned them , not as bishops , but as his servants and officers , and had not taken away their castles by force , but by the bishops voluntary surrender , ut calumniam de tumultu , quem in curia coneitaverant , evaderent : that the money found in them , was only that the bishops had collected for king henry his uncles use , and belonged now to his own eschequer ; and that the bishops willingly parted with the mony and castles to him , for fear of the things they had committed against the king , who wanted not witnesses to prove it . therefore he desired the agreements between him and the bishops might remain confirmed . bishop roger on the contrary , denyed he was ever the kings officer , or received his moneys ; adding , si justitiam de rebus sibi ablatis in illo concilio non inveniret , eam in audientia majoris curiae q●aerendam . the legat gently replyed , omnia quae dicuntur contra episcopos prius in concilio ecclesiastico et accusari , & a● vera essent , decuisset inquiri , quam in indemnes contra canonum decreta sententiam proferri . rex itaque faciat quod in forensibus judiciis legitimum est fieri , ut revestiat episcopos de rebus suis . alioquin jure gentium , disseisati non placitabunt . after much debate on both sides , the cause was put off . dayes one after ano●her till the archbishop of rhoan came . is ubi venit , dixit , se concedere ut castella episcopi haberent , si se jure habere debere per canones probari possent ; quod quianon possent , extremae improbitatis esse contra canones niti velle . et esto ( inquit ) justum sit ut habeant ; certe , quia suspectum est tempus , juxta morem aliarum gentium , optimates omnes claves munitionum suarum debent voluntati regis contradere , qui pro omnium pace debet militare . ita omnis controversia episcoporum infirmabatur . aut enim secundum canonum scita injustum est , ut habeant castella ; aut si hoc pro indulgentia principali toleratur , ut tradant claves necessitati temporis debent cedere . albric the kings lawyer added ; that the king was informed the bishops intended to send some of themselves to rome against him : but he advise●h none of you to presume to doe it : for if any of you shall presume to go any whither against his will and the dignity of the realm of england it is provided that his return will be very difficult . hereupon the council presently dissolved , and so ita discessum est , ut nec rex censuram canonum pà●i vellet , nec episcopi eam consultum exercere ducerent duplici ex causa ; seu quia principem excommunicare sine apostolici conscientia temera●ium esset , seu quoniam audirent , quidam etiam viderent gladios circa se nudari . (r) king stephen in the ●ea● . convocato apud londonium , generali concilio , cum episcopis , proceribus et nobilibus angliae , tum pro regni negotiis , cum etiam pro negotio vacantis ecclesiae eboracensis ; much fearing and suspecting the valour and power of young henry duke of normandy ( right heir of the crown ) ne in primo gradu haereditas cassaretur , fraude retenta , proposuit animo filium suū eustachium , regio diademate insignire , & de jure debito & jurato henricum praevenire & penitus privare . this design of his being propounded in this great council , the earls and barons assented to it ; and thereupon ( as matthew westminster records ) comites & barones angliae fecerunt ligantiam & fidelitatem eustachio , filio regis stephani . whereupon king stephen requested theobald archbishop of canterbury , with the rest of the bishops , to crown and anoint eustace king. which the archbishop peremptorily refused , the pope having expresly prohibited him by his letters ; ne filium regis qui contra jusjurandum regnum usurpasse videbatur , in regem sublimaret : that he should not crown the son of a king , who had usurped the crown and kingdom , against his oath to henry the first , queen maud , and their heirs . hereupon king stephen and his son eustace with their complices , being highly incensed , commanded all the bishops with the said archbishop , to be shut up in one house where they were assembled , desiring to extort that from them by terrors and threats , which they could not gain by prayers or price . some of the bishops struck with fear , deserted the archbishops advice , and seemed to comply with the king ; but the archbishop continuing firm and resolute in his purpose , escaping out of the house by a miraculous accident , took his barge , and rowing down the thames , got beyond sea , and so escaped the threats of the king and eustace , and defeated him of his much desired honour . whereupon the king being more exasperated than before ( by the advice of the council ) presently banished him the realm , seised his temporalties and confiscated all his goods : who by way of revenge stirred up duke henry , right heir to the crown , to invade the realm , the very next year ; to whom most of the nobles and people ( mindfull of their former oaths ) presently flocked , deserting the perjured usurper stephen ; who against his oath invaded the crown by the instigation also of roger bp. of salisbury ; who though advanced by king henry the . from a mean condition to the greatest place and power next to the king ; yet proved so treacherously ingratefull to his heir queen maud , to whom he had sworn allegiance , (ſ) u● rege defuncto qui ei tantae in hoc seculo claritatis autor extiterat , circ● legitimos ejus haeredes insidus , ut s●ephanum sacramento illo aequè astrictum allocaret , non solum non est veritus iucurrere perjurium , verum etiam aliis insigne pejerandi praestruxit exemplum . and therefore was himself as ingratefully and perfidiously handled by king stephen , who imprisoned his person and his nephew alexanders , bishop of lincoln very strictly , seised all their magnificent castles , wealth , treasures , & pined them with famine ; so that this perjured bishop for loss of his castles or treasures , fell distracted through grief , and died mad de perspicuo dei judicio vitam longo tempore splendidissimam infelicissimo fine concludens ; as neubrigensis observes . (t) king henry the second succeeding stephen , ann. . to suppress the usurpations of the pope and prelates on the crown , summoned all the bishops , abbots , priors , ea●ls , barons and nobles of the realm to a parliamentary great council a● clarindon , where they made a recognition of all the antient customs and liberties of the realm , used in the reign of king henry the first , which they all took a solemn oath inviolably to preserve to the king and his heirs for ever , and archbishop becket amongst the rest . the article was this : archiepiscopi , episcopi , & universae personae regni , qui de rege tenent in capite , habent possessiones suas de domino rege sicut baroniam , &c. sicu● barones caeteri debent interesse judiciis curiae regis , ( to wi● of his court of parliament , * as the protestation of the archbishop and prelates in the parliament of r. . rot . patl. n. . . resolves it ) cum baronibus , quousque perveniatur in judicio ad diminutionem membrorum vel ad mortem , an unanswerable authority tha● rhe barons and peers in parliament , had antiently , in the reigns of henry the . and . and long before , a judicial power even in criminal ( as well as canonical ) causes deserving loss of member or death , and that as well in cases of commons as peers . it is observable that though according to this article the bishops in those days did not pronounce sentence , nor were not actually present at the giving of judgement by the other barons in cases of blood ; yet they took upon them the name of barons , and were present on that account , at all the debates , in criminal causes , and gave their votes therein in our parliamentary councils , absenting themselves only from the sentence and execution , for which petrus blesensis archdeacon of bath under king henry the . thus justly censures them . * quidam episcopi regum munificentias & eleemosinas antiquorum , abusive baronias & regalia vocant , & in occasione turpissimae servitutis , seipsos barones appellant ; vereor ne de illis quereletur dominus , & dicat * ipsi regnaverunt , et non ex me , principes extiterunt , & ego non cognovi . scias te assumpsisse pastoris officium non barones , cer●e * joseph in aegypto patrem suum & fratres instruxit , ut dicerent pharoni , viri pastores sumus . maluit eos profiteri pastoris officium , quam principis aut baronis , &c. vacuum a secularibus oportet esse animum divinae servitu●is obsequio consecratum , &c. illud coelestem exasperat iram , et plerisque discrim●n aeternae damnationis accumulat , quod quidam principes sacerdotum et seniores populi , licet non dictent judicia sanguinis , eadem tamen tractant disputando ac disceptando de illis , seque adeo immunes a culpa reputant , quod mortis aut truncationis membrorum judicium decernentes , a pronuntiatione duntaxat , et executione paenalis sententiae se absentant . ( the very words of this article of clarindon ) sed quid hac simulatione perniciosius est ? nunquid discutere & diffinire licitum est , quod pronunciare non licet ? certe saul de morte david multiplici machinatione tractabat , ( let others observe it ) & ut malitiam suam sub umbra innocentiae palliaret , dicebat , * non sit manus mea in eum ▪ sed sit super eum manus philistinorum . sane quantum haec dissimulatio ipsum excusabat apud homines , tantum apud deum eundem damnabilius accusabat ; expressa fimilitudinis forma , in consitorio illo , in quo christus ad mortem damnatus est , pharisaei & scribae dicebant , * nobis non licet interficere quemquam : cumque tamen clamarent dicentes , crucifige , sententiam in eo occisionis cruentae malignitate dictabant . quem occidebant gladio linguae , publice protestabantur , sibi occidere non licere : eorumque iniquitas eo ipso detestabilior erat , quia ut evaderent humanum judicium , eam simulatione innocentiae occultebant ; animabus praelatus es , non corporibus : nihil praelato commune est cum pilato : christi villicus es , & vicarius petri ; nec respondere oportet coesari , de commissa tibi jurisdictione , sed christo , quidam tamen per usurpatas seculi administrationes se vinculo curiali obnoxiant , & quasi renunciaverint suae privilegio dignitatis , calculum durioris eventus expectant . these articles of clarindon were not only sworn to , but likewise subscribed and sealed by all the bishops , except archbishop becket , who refused to sign or set his seal unto them , unlesse the pope would first confirm them by his bill . the king hereupon sent two embassadors to rome unto the pope , to crave his allowance of these laws ; but becket had so dealt with the pope before hand ( who knew the cause to be more his own than beckets ) that he rejected the sute , and withall absolved becket and the other bishops from the oath of allegiance they had taken to observe them . whereupon the king being highly offended with becket ; summoned a great parliamentary council of the prelates and nobles at northampton , wherein he demanded an account of l , which came to beckets hands during his chancellorship : which he excusing , and refusing punctually to answer unto , the peers and bishops condemned all his moveables to the kings mercy . after which the lords and peers by joynt consent adjudged him guilty of perjury , for not yeelding temporal obedience to the king , according to his oath taken at the council of clarindon , the bishops thenceforwards openly disclaiming all obedience to him , as their archbishop : the next day , whiles the bishops & peers were consulting of some further course to be taken with him , becket caused to be sung before him at the altar , the princes set and speak against me , and the ungodly persecute me , &c. and forthwith taking his silver crosier in his hands ( a thing strange and unheard of before ) entred armed therewith into the kings presence , though earnestly disswaded from it by all who wished him well ; wherewith the king being inraged , commanded the peers there assembled in a parliamentary council , to sit in judgement upon him , as on a traytor or perjured person ; who accordingly adjudged him both a traytor and perjured rebel , and that he should be forthwith apprehended and cast into prison as such a one , and forfeit all his goods and temporalties . the earls of cornwal and leicester , who sate as judges , citing him forthwith to hear his sentence pronounced ; he immediately appealed to the see of rome , as holding them no competent judges : whereupon all the prelates and nobles reviling him with the name of traytor and perjured person ; he replyed , that were it not for his function , he would enter the duel or combate with them in the field , to acquit himself from treason and perjury . and so speeding away from them for fear of imprisonment , and disguising himself under the name and habit of dereman , fled in a small fisher boat into flanders ; thereupon the king seised all his goods and temporalties into his hands , and sent embassadors to the earl of flanders , the french king and pope , praying them in no wise to suffer or foster within their dominions one that was such a notorious traytor to him . the proceedings against this traytor archbishop becket . in this magnum et solenne concilium held at northampton , anno . being very memorable , and more fully relating the manner of our parliamentary process in that age , and the judicial jurisdiction and proceedings of the lords in parliament , as well in civil as criminal causes than any other i have met with , i shall give you a more full account of them out of three of our historians ( who record the same ) * in their own words . the first of them is roger de hovedrn , who thus relates the proceedings . anno gratiae . qui erat annus und●cimus regni henrici regis , idem rex henricus magnum congregavit concilium , apud northampton , ubi rex taedium magnum fecit , thomae cantuariensi archiepiscopo . imprimis enim fecit rex equos suos hospitari in hospitiis illius : sed archiepiscopus mandavit regi , quod ipse ad curiam non veniret , donec hospitia sua vacuarentur ab equis & hominibus fuis . in chrastino colloquii venit thomas archiepiscopus ad curiam regis in capella ejus , & statim petiit ab eo licentiam tranfretandi ad alexandrum papam , qui ea tempestate moram faciebat in francia , sed habere non potuit . dixit enim ei rex ; tu prius respondebis mihi de injuria quam fecisti johanni marescallo meo in curia tua . conquestus enim erat regi idem johannes , quod cum calumniatus osset in curia archiepiscopi terram quandam de illo tenendam jure hereditario , & diu inde placitasset , nullam inde potuit assequi justitiam ; & quod ipse curiam archiepiscopi sacramento falsificaverat secundum consuetudinem regni . cui archiepiscopus respondit : nulla justitia defuit johanni in curia mea , sed ipse ( nescio cujus consilio , an proprae voluntatis motu ) attulit in curia mea quondam toper , & juravit super eum , quod ipse pro defectu justitiae a curia mea recessit : et videbatur justiciariis curiae meae , quod ipse injuriam mihi fecit , quia sic à curia mea recessit ; cum statutum sit in regno vestro : quod qui curiam alterius falsificare voluerit , oportet eum jurare super sacrosancta evangelia . rex quidem non respiciens ad verba haec , juravit , quod ipse haberet de eo ju●titiam & judicium ▪ et barones curiae regis judicaverunt eum esse in misericordia regis . et quamvis archiepiscopus niteretur judicium illud falsificare , tamen prece & consilio baronum posuit se in misericordia regis de quingentis libris , et invenit ei inde fidejussores . et sic a curia recedens , ad hospitium suum ivit , & propter * taedium & dolorem quam in animo conceperat decidit in lectum , & in gravem aegritudinem . quod cum regi constaret , ut eum magis affligeret , statim misit ad eum , et summonuit eum per bonos summonitores , quod in crastino venisset , paratus reddere illi rationem villicationis sua , quem habuit in regno suo ante consecrationem suam . archiepiscopus autem sciens , quod grave ei immineret exterminium , si in curiam venire properasset , modis omnibus dilationem quaesivit : tum quia tempus sommonitionis brevissimum erat , tum quia ipse graviter infirmabatur . cumque rex vidisset quod archiepiscopus non veniret ad diem illum , misit ad eum robertum comitem leicestriae , & reginaldum comitem cornubiae , ad videndum aegritudinem illius . qui cum venissent , invenit eum in lecto jacentem infirmum ; et ad petitionem illius dederunt e● respectum veniendi ad curiam usque mane . eodem die dictum erat ei , et nunciatum a familiaribus regis , quod si ipse ad curiam regis venisset , vel in carcerem mi●teretur , vel interficeretur . super his igit ur archipraesul habito cum suis familiaribus consilio , per consilium cujusdam sapientis , in crastino antequam ipse ad curiam pergeret , cum summa de●otione celebravit missam de s. stephano protomartyre ; cujus officium tale est , etenim sederunt principes , & adversum me loquebantur , &c. causam suam judici , qui deus est , commendavit . tamen pro celebratione missae illius graviter accusatus fuit postmodum à gileberto londonensi episcopo , quod missam il●am celebraverat per artem magicam , & in contemptu regis . itaque post celebrationem missae archiepiscopus imposuit collo suo stolam , deinde induit cappam nigram canonicalem , et profectus est statim ad curiam regis . et statim factus est undique magnus concursus populi , ut viderent finem . ipse autem portebat crucem suam in manu sua dextra , cum sinistra veto tenebat loram equi , in quo sedebat : et cum venisset ad aulam regis , descendit , & ipse crucem suam bajulans , intravit domum regis . deinde intravit exteriorem cameram solus portans crucem suam : nullus enim suorum sequebatur eum : & cum intrasset , invenit plebem multam in ea , seditque inter illos . tunc venit ex parte regis ad archiepiscopum gilbertus londinensis episcopus , qui multum increpavit eum , quod sic cruce armatus venit in curia : & voluit crucem e manibus suis eripere , sed archiepiscopus fortius eam tenuit . henricus igitur wintoniensis episcopus dixit londinensi episcopo , frater , demitte archiepiscopum crucem suam tenere , ipse enim debet illam bene portare . tunc londoniensis episcopus multum iratus adversus wintoniensem episcopum , dixit ei ▪ m●le locutus es , frater , et malum inde tibi contiget , quia contra regem locutus es . deinde venit ad eum rogerus archiepiscopus eboracensis , &c. qui plurimum increpabat eum , quod sic armatus cruce ad curiam veniret : dicens , quod rex gladium habebat acutiorem ; & ideo si consilio suo acquiesceret , tolleret crucem suam . at quidam de circumstantibus sic ait : crede mihi , si credis ei , tu decipieris . fistula dulce canit volucres dum decipit auceps . impia sub dulci melle venena latent . archiepiscopus autem cantuariensis crucem suam deponere noluit , sed dicebat . si gladius regis carnaliter corpora caedit , gladius meus spiritualiter percurit , & animam mittit in gehennam . et dum ipse sederet expectans , dixerunt quidam secreto , quod mors ejus jurata erat à regalibus ; & ex illa hora quaesivit occasionem recedendi a curia : et ut commodius recedere possit , appellavit ad sententiam summi pontificis ; et causam ecclesiae & suam posuit sub protectione dei , et domini papae ; & praecepit universis episcopis appellationem suam inviolabiliter servare . tunc omnes episcopi laudaverunt ei , ut ipse satisfaciens voluntati regis , redderet ei archiepiscopatum suum in misericordia illius ; sed archiepiscopus noluit iis inde credere . tunc mandavit ei rex per milites suos , ut sine dilatione veniret et redderet ei plenariam computationem de omnibus receptis , quae receperat de redditibus regni , quamdiu cancellarius ejus fuit . et nominatim de triginta millibus librarum argenti . quibus archtepiscopus respondit : dominus meus rex scit , quod ego saepius ei reddidi computationem de omnibus hiis , quae ipse modo à me petit ; antequam electus fuissem ad archiepiscopatum cantuariensem . sed in electione mea , henricus filius ejus , cui regnum adjuratum fuit , et omnes barones scaccarii , & richardus de lucy justitiarius angliae , clamaverunt me quietum deo , & sanctae ecclesiae de omnibus receptis & computationibus , & ab omni exactione seculari ex parte domini regis : & sic liber et absolutus electus fui ad hujus officii administrationem ; & ideo amplius nolo inde placitare . quod cum regi constaret , dixit baronibus suis , cito facite mihi judicium de illo , qui homo meus ligiu● est , & stare juri in curia mea recusat . et exeuntes , judicaverunt eum capi dignum et in carcerem mitti . tunc misit rex reginaldum comitem cornubiae , et robertum comitem leicestriae ad judic●ndum ei iudicium de illo factum : qui dixerunt ei , audi iudicium tuum . quibus archiepi●copus respondit ; prohibeo vobis ex parte omnipotentis dei , & sub anathemate , ne faciat●s hodie de me judicium , quia appellavi ad praesentiam domini papae . dum autem praedicti comites redirent ad regem cum responso illo , archiepiscopus exivit●e thalamo , et progrediens per medium illorum veni● ad palefridum suum , & ascendi● , et exivit ab aula , omnibus clamantibus post eum & dicentibus , quo progrederis proditor ? expecta et audi judicium tuum . cum au●em veniret ad portas in●e●i●eas c●au●as , & timuit sibi valde ne ab inimicis suis caperetur : sed deus omnipotens eum liberavit . after which he privily departed out of england . (d) the d . is william fitz. stephen , a monk of canterbury who attended becket in his troubles . hee after a large relation of the charge of john the kings marshal against him for injustice , mentioned by hoveden , relates the difference then happening between the ecclesiastical and temporal barons in giving judgement against him , and the judgement it self , and proceedings therein in these words . secunda die consulentibus episcopis , comitibus et baronibus angliae omnibus ; nec roffensis episcopus , * will. n●raic . cum plurib●s a●is non ●um venerat : archiepiscopu laesae majestatis coronae reglae arguitur , quia scilicet ut supra narratum e● , a rege ci●atus pro causa johannis ( the marshal ) neque venerat , neque idonie se excusasse● , archiepiscopi depulsio nullum locum habuit : allegata tamen johannis supradicti injuria , et jurisdictione hujus causae propria & curiae suae integritate , rex exigit judicium . archiepiscopi ratio nulla est approbara . visum est omnibvs ex reverentia regiae majestatis , et ex astrictione ligii homagii quod domino regi fecerat archiepiscopus , & ex fidelitate e● observantia ●ene●i ejus honoris quam ei juraverat , quod pa●um esset defensus vel excusatus , quia citatus a rege , neque venerat , neque corporis infirmitatem , vel necessariam quae differri non possit officii , ecclesiastici administrationem per nuncios allegaverat : condemnandumque eum dixerunt in paenam pecuniariam omnium bonorum suorum mobilium ad misericordiam regis , de proferendo iuducio ●itan●ia fuit in●e● episcopos et barones , utr●sque a●teris illud imponen●ibus , u●r●que se excusantibus : aiunt barones ; vos episcopi pronunciare debe●is sententiam , ad nos non pertinet . nos laici sumus ; vos personae ecclesiasticae , sicut ille ; consacerdotes ejus , coepiscopi ejus . ad haec aliquis episcoporum : imo vestri potius est hoc officii , non nostri ; non enim est hoc judicium ecclesiasticum , sed seculare . non sudemus hic episcopi , sed barones . nos barones & vos barones : pares hic sumus . ordinis autem nostri ratione frustra inni imini . quia si in nobis ordinationem attenditis , & in ipso simi●itet attendere debetis . eo autem ipso , quod episcopi sumu● , non possumus archiepiscopum & dominum nostrum judicare . sed quid ? rex , haec audita de pronunciando controversis , motus est . et controversia super hoc desicum est . dominus wintoniensis ( then henry de bloys ) impositus dicere , tandem et invitus pronunciavit . archiepiscopus autem , quia sententiae vel recordationi curiae regis angliae non licet contradicere , sustinuit ; consilio episcoporum , ad acta , ad mitigandum et honorandum regem , solenni & manuum ipsius missione , quasi concessionis judicii , ut moris est ibi : et omnibus episcopis datis vadibus praeter gilbertum illum londinensem , qui rogatus pro eo sponder noluit ▪ quae ejus singularitas notam fecit . the d. is (e) gervasius dorob●rnensis , who thus records the proceedings in this council against becket : timens autem rex , ne impune manus ejus cantuariensis achiepiscopus evaderet , jam edoctus mulriplici cogitatatione et pravorum eruditione quibus eum pravitatis laqueis innodaret ; praecepit praesules et proceres regni apud northamptoniam , una cum ipso archiepiscopo , convenire . qui cum die tertia ante ●estum sancti calixi papae conveni●ent , archiepiscopus in multis accusatus est . primo , quod cuidam johanni coram ipso litiganti plenam justitiam non exhibuit , & super hoc ad regis praesentiam vocatus , venire contempsit . respondens archiepiscopus ; praefato jojohanni dixit condignam non defuisse justitiam , & johannem non legaliter curiam suam infamasse , qui non super evangelium , ut moris est ; sed super veterum cantuum codicellum quem secum tulerat , voluerit pejerare . quod autem super hoc citatus ad regis non venit praesentiam , non contemptus fuit , sed infirmitate valida invitus retentus est . his rationibus archiepiscopus excusari non poruit , sed curiali iudicio et episcoporum consensu condempnatus est , ita ut omnia mobilia ejus in misericordia regis ponerentut . quo facto ; repetit ab eo rex quingentas libras quas ei dum esset cancellarius dicebat commodasse ; cumque allegaret archepiscopus e contra et diceret ; praefatam non commodatam sed de plano datam esse pecuniam : nihilominus de suis fide jussores idoneos coactus est exhibere . et haec opera secundae diei . tertia vero die appetitur absque misericordia , jubeturque de fiscalibus et episcopatibus & abbatiis vacantibus ratiocinia reddere , quas in custodia sua habuerat tempore cancellariae . respondit ; se super his non teneri , eo quod die electionis suae hujusmodi non fuit quaestione pulsatus , & quod ecclesia cantuariensis eum susciperet ab omnibus his liberum et absolutum . attamen super his prudentiores se velle consulere dicebat , & de consulto respondere . convocatis igitur episcopis , quaesivit archiepiscopus ; quid domino regi super hujusmodi quaestione esset respondendum ? whose several advices , and speeches are there recorded at large , which i pretermit . his ita gestis sederunt aliquandiu sub silentio , nec erat qui amplius his aliquid adderet , etiam ante quaesita ut pateret eis exitus , inclusi enim erant . volo , inquit dominus cantuariensis , loqui cum duobus comitibus qui cum rege sunt , roberto scilicet legecestrensi , & reginaldo cornubensi . quibus , i●ico , apertis o●tiis , a●tantibus dixit cantuariensis . super his de quibus nos dominus rex convenit contulimus ; et quia non habemus ad praesens eos quibus res ipsa migis innotuit , ideo usque in crastinum petimus inducias tunc responsuri sicut deus nobis inspiraveri● . datis igitur u●cunque peti●is induciis ea die discesserunt ab invicem . crastina autem die , scilicet dominica , usque in secundam feriam dilatum est negotium . archiepiscopus autem ea nocte iliaca passione dirissime vexatus lecto decubuit anxiatus : mane autem facto ad curiam accersitur , & in absentem saevitur . verum quia putabant aulici quod aegritudinem singeret , missi sunt ad eum comites duo , quos supra nominavimus : qui licet viderunt eum excusabilem , mandatum tamen curiae aegrotanti retulerunt . ipse autem usque mane sequentis diei petens inducias , fatetur se venturum in curiam etiamsi lectica esset deferendus . renuntiantibus illis in palatio quae audierant et viderant , secreto intimatum est archiepiscopo , quod si in curiam veniret , vel trucidaretur , vel in carcerem truderetur . crastino summo m●ne venerunt ad eum episcopi plures , suadentes ei , ut pacem ecclesiae et evitandum tanti periculi scandalum , rigorem animi mitigaret , et regis penitus se committeret arbitrio : adjicientes ; & quod nisi fieret sic , jam audiret in curia regis perjurii sibi crimen imponi , & tanquam proditorem judicandum ; eo quod terreno domino terrenum honorem non servaret , cum a vitas regni consuetudines , observaturum firmasset . ad quas specialiter observandas , jusjurandi nova se et alios astrixerat religione . at ille inquit ; fateor fratres inexcusabilis sum ante deum contra deum praestans juramentum : sed quia melius est ad animum redire quam perire , legem legi dei repugnantem non admitto . davit male juravit , sed poenituit : herodes juramento suo stetit , & perlit . ideo vobis praecipio , ut respuatis quae respuo , suffocantes ea quae sanctam suffocant ecclesiam . detestabile quidem est quod vos non solum me solum deseruistis in certamine , sed et me qualemcunque patrem vestrum sam per duos dies cum aulicis judicastis , qui simul mecum stare deberetis . quod ne fiat de caetero , vobis in virtute obedientiae prohibeo , unde & matrem nostram romanam ecclesiam appello . quod si ut rumor est in me violenta manus injecta fuerit , vobis itidem in virtute obedientiae praecipio , quatenus districta excommunicationis sententia ecclesiasticas injurias vindicetis . quod audiens gilebertus londoniensis episcopus , appellavit . discesserunt igitur episcopi ad curiam properantes . archiepiscopus autem in ecclesiam ingressus , sacris indutis vestibus & pallio redimitus , devotissime de sancto stephano missam celebravit , officium inchoans : etenim sed●runt , &c. non ut alii dixerunt tanquam pro persona sua officium inchoare● , sed quia idem altare beato stephano esset dedicatum jussit archiepiscopus missam de martyre celebrari . igitur expleto ministerio amotoque ab humeris cum infula pallio , caeteris indutus sacris vestibus cappa clericali super injecta , curiam introivit , in●raturus autem cameram qua rex & anlici ipsius praestolabantur adventum , de mann clerici , alexandri nomine , crucem accepit , eamque manu propria portavit . unde admirantes episcopi qui eum praevenerant , assurgentes ei de manu ipsius quasi pro reverentia crucem accipere voluerunt , ne iram regis crucem bajulando magis accendere videretur . herefordensis sibi eam tradi petivit . londoniensis vero eam concupivit , dicens eum non debere contra regem dominum suum armatum incedere : si viderit , inquiens , rex te armatum intrare , gladium suum in caput tuum exeret fortiorem & tunc videbis quid tibi proderunt arma tua . haec ait cantuariensis , deo committimus . et londoniensis : stultus hactenus , inquit , fuisti , & ab hac stultitia ut video non recedis , hodie in te tua fatuitas apparebit . audiens autem rex quod sic cantuariensis archiepiscopus armatus incederet , secessit citius in cameram ulteriorem , sedente hac seorsum cantuariensi solo fere , cum suis admodum paucis , episcopis loco & animo sedentibus ex adverso . rex autem multo stipatus agmine cogitabat archiepiscopum de clericis male tractandis primo appetere . sed ne episcopi qui jam solum reliquerant , pro clericis pugnaturi ad eum redirent , fiere●que ex consensu in regem conflictus acrior , ex consulto aulicorum , rex ad alias calumpnias se convertit . vocatis igitur episcopis & proceribus , gravem et ●grandem rex deponit querimoniam , quod archiepiscopus sic armatus in curiam veniens , ipsum et suos omnes inaudita a seculis forma naevo notaverit proditoris . cum autem rex inde supra modum excandesceret , et universi fere ipsius animum stimularent , abierunt retrorsum etiam ipsius archiepiscopi adversarii , acsi jam in caput ejus vibratum viderent gladium . unde & in ar●o pontifices positi , volvunt & revolvunt quid agendum , qualiter haec sit necessitas evitanda . et tandem ex communi consilio , nos , inquiun● , eum appellabimus coram papa , de facili convincetur , sine remedio deponetur . quae cum plurimum placerent regi , exierunt omnes episcopi ad cantuariensem ; quorum unus caeteris eloquen●ior & arrogantior , hilarius scilicet cicestrensis episcopus , prorumpens in vocem . quandoque , air , noster fuisti archiepiscopus , et tenebamur tibi obedire ; sed quia domino regi fidelitatem jurasti , hoc est vitam , membra & terrenam dignitatem sibi per te salvam fore , et consuetudines quas ipse repetit conservandas , & tu niteris eas destruere , cum praecipue spectent ad terrenam sui dignitatem & honorem , iccirco te reum perjurii dicimus , & perjuro archiepisco de caetero obedire non habemus . nos itaque & nostra sub domini papae protectione ponentes , te ad ipsius praesentiam appellamus super his responsurum . audio , inquit cantuariensis , quae dicitis . substraxerunt se itaque episcopi ex adverso sedentes diutius in summo silentio . rex autem interius cum principibus sedens pro tribunali , euntes ait , discernite quid perjurus & contumax proditor debeat sustinere . itur , judicatur . et a quo vel qualiter pronunciandum esset judicium informatur . processerunt tandem a rege comites & barones cum turba multa , quorum primi & praecipui erant , robertus leicestriae , & reginaldus comes cornubiae . qui cum archiepiscopo quasi improperantes retulissent , quae et quanta ei bona dominus rex contuli●set , tandem comes leicestriae qui erat dux verbi , caepit sub●iliter inflectere sermones , quasi ad judicium curiae in archiepiscopum proferendum . prae●entiens hoc archiepiscopus , mox non expecta●o judicio surgit , protestans , non esse eorum archiprae●ulem suum judicare de crimine . non est , inquit , in eum ferenda sententia qui judicem superiorem appellavit , etiam si laico liceret episcopum judicare . unde tibi comes leicestriae , potestate mihi a deo collata ut filio ecclesiae praecipio ne in patrem tuum spiritualem judicium proferre praesumas verum mox improperatum et inclamatum a nonnullis est , quod tanquam perjurus et proditor a curia discederet . ipse vero sic se vertens , et austero vultu respiciens r●spondit ; quod nisi ordo sacerdotalis obstaret , et si sibi fas esset , in armis bellicis a perjurio & proditione se contra ipsos defenderet . his dictis a curia discessit , et per aulam transiens probris multis a curialibus affectus est . cum autem januam clausam repperisser , et j●nitor puero ●erberando intendisset , accurrens quispiam clavem repperit , januam apperuit , patrem demisit , & sic pater patriae manus impiorum evasit , &c. king (g) richard the . anno . going to the holy warrs , made william longchamp bishop of ely , not only his chancellor and chief justice , but the chief protector and guardian of the whole realm ; who having obtained a legatine power also from the pope , and getting the militia , with most of the kings castles into his hand , proved a most unsufferable tyrant to the nobility , gentry , laity and clergy , so oppressing , domineering over their persons , liberties ▪ estates , imprisoning , taxing , disseising , spoyling them of their offices , castles , lands , privileges , estates at his pleasure , and over-awing them with troops of horse , garrisons & new governors set over and quartered in every county , and with his great guards of armed horse which he constantly kept about his person , that earl john the kings brother , the nobility , prelates and people , being no longer able to indure his exorbitant insolency , intollerable pride , oppressions , rapines , exactions , and transcendent tyranny , raised great forces against him , to regulate his excesses , and bring him to justice . whereupon he being somewhat terrified in the . year of king richard the . anno . earl john , and the bishops , with the prelates , earls , and nobles of the realm , assembled in a kind of parliamentary council , came to an agreement touching the future settlement , reformation , peace and government of the realm , and preventing all future tyranny and oppression ; which was drawn up in writing , published , subscribed and sworn , to be inviolably observed both by the earl john and chancellor , and by . other earls and barons on either side . one of the articles of this agreement ( recorded at large by (h) roger de hoveden ) was this : concessum est , quod episcopi & abbates , comites & barones , vavasores et liberi tenentes , non ad voluntatem justiciarium vel ministrorum domini regis , de terris & catallis suis disseisientur , sed judicio curiae domini regis , secundum legitimas consuetudines et assisas regni tractabuntur , vel per mandatum domini regis : ( agreeable to magna charta , c. . ) no sooner had the chancellor taken his oath , but his forein forces he had privily sent for ariving in england , he presently violated it , and played the tyrant worse than before , commanding the kings own brother geoffry , archbishop of york , to be apprehended at dover in the very church , dragged out violently in his archiepiscopal robes from the altar , and then thorough the dirty streets in the sight of all the people , who cried out after the chancellors servants , who thus abused him . (i) o ignavi ! quare ita ducitis illum , quid mali fecit ? archiepiscopus est , & regis filius , regisque frater : but they taking no notice of their clamors , carryed him to dover castle ▪ and there kept him prisoner , till he was thence released by earl johns command . the archbishop coming to london complained to earl john , the bishops , and other nobles of the injury done to him by the chancellor : ut cancellurius juri staret in curia regis super injuria illa , quam archiepiscopo eboracensi fe●erat , et hugoni dunelmensi episcopo . quod cum ipse cancellarius facere de die in diem distulit , eodem tempore ad instantium comitis johannis , convenerunt apud pontem de loedone inter radingum & wyndleshores , die sabbathi p●oxime post festum sancti michaelis ad colloquium magnates angliae , de arduis & magnis regis & regni negotiis tractaturi . the next day the archbishop and bishops who all came to this parliamentary assembly ) meeting at reading , excommunicated all those who were aiding and assenting to the imprisonment of the archbishop : after which , comes johannis , & archiepiscopus rothomagensis , & episcopi & principes regni , statueru●t illi diem peremptorium apud ridinges . ad diem autem illum venerunt illuc comes moretonii , & fere omnes episcopi & comites & barones regni ; et post diem peremptorium moram fecerunt ibi expectantes adventum cancellarii : sed ipse venire noluit , nec nuntium mittere . deinde comes johannes et episcopi , & barones qui cum eo erant paraverunt se londoni●s ire , ut ibi in major● audientia londinensium fruerentur consilie , quid eis faciendum esset de cancellario , qui sic conturbaverat regnum & juri stare noluit . the chancellor hereupon flying from windeshores into the tower of london for shelter : comes johannes , & fere omnes episcopi , & comites & barones angliae , eadem die ( scil . . die post octavas sancti michaelis ) intraverunt londonias : et in crastino praedistus johannis frater regis , & archiepiscopus rothomagensis , & omnes episcopi & comites & barones ( & cives londinenses cum illis ) convenerunt in atrio ecclesiae sancti pauli : ( where sitting together as in a great parliamentary council and court ) post longos tractatus ricardo regi fidelitatem juraverunt . imprimis comos johannis , deinde duo archiepiscopi , et omnes episcopi , & quotquot convenerunt comites & barones . deinde die jovis proximo habitum est colloquium in orientali parte turris londinensis , praesentibus magnatibus praedictis . accusabant praedictum cancellarium in multis , & praecipue in injuriis quas fecit domino eboracensi archiepiscopo , & domino dunelmensi episcopo . socii autem praedicti cancellarii , quos rex associaver at illi in regimine regni , accus●bant eum in multis : dicentes , quod ipse spretis illorum consiliis omnia negotia regni cum impetu , & voluntaria dispositione faciebat . archiepiscopus vero rothomagensis , & willielmus marescallus comes de strogoil , ostenderunt coram populo literas domini regis figillatas : per quas dominus rex mandavit à messana , quod ipsi associarentur cancellario in regimine regni , ut et cancellarius sine illorum consil●o & aliorum assignatorum nihil de nego●io regis , ac regni tractaret , et ut praedictus cancellarius , si ipse quod●unque ●n detrimentum regni , vel sine consil●o praedictorum fecisset , deponeretur , et loco illius institueretur rothomagensis archiepiscopus . placu● ergo johanni fratri regis & omnibus episcopis et comitibus , et baronibus regni ( as judges ) & civibus londoniarum , ( which matthew paris and others mention not , but only hoveden , and that as auditors , spectators and approvers of their sentence ) quod cancellarius ille deponeretur , et deposuerunt eum , & in loco ill●us instituerunt rothomagensem archiepiscopum , qui nihil operari voluit in regimine regni , nisi per voluntatem ●t assensum sociorum suorum assignatorum , & per consilium baronum scaccarii . (k) hugh de nuvant bishop of coventry in his epistle , de dejectione eliensis episcopi regis cancellarii : writes of him , that by reason of his intollerable tyranny and oppression : per totam insulam a laicis publi●e proclama●ur : pereat qui perdere cuncta festinat : opprimatur ne omnes opprimat : and then thus relates the manner and grounds of his deprivarion . mane ergo habito concilio cum omnibus fere magnatibus regni , praesente domino . johanne fratre regis . & rothomagen●i & eboracensi archiepiscopis episcopis et prusentibus dunelmensi , londinensi , wintonensi , bathoniensi , ronensi , no●wice●si , linco●niensi , herefordensi , menevensi , coventrensi , factoque consilio coram omni populo totius civit●tis , praesen●●ustu●a●is d●mini regis & apprebantibus consilio universorum statuitur , ne talis de cae●ero in regno angl●ae a●mine●ur , per qu●m ecclesia dei ad ignominiam , & populus ad inopram erat redactus : ut en●m caetera omi●tam , ipse et ganeones sui totum regnum exhauserant , nec viro baliheus , nec foeminae monile remans●t , nec annulus nobili , nec quodlibaet preciosum etiam alicui judaeo . the saurum quoque regis exaninaverat prorsus , ut in omnibus scriniis vel sacellis nihil praeter claves de toto illo biennio posset inveniri . they likewise made him take a solemn oath to deliver up all the kings castles to them , and to give pledges to perform it , and banished him the realm . * deinde praedicti justitiarii et omnes episcopi et comites & barones angliae in communi scripto mandaverunt regi , qualiter cancellarius suus regnum angliae , & the sauros suos destruxerat , ot qualiter ipse per commune concilium regni ejectus est . to which (l) gulielmus nub●igensis subjoyns . tyranno igitur qui regnum turbaverat , propulsato episcopi & optimates cum johanne londoniis congregati , de regni ordinatione tractare caeperunt . et primo quidem ab omnibus regis richardi propter christum pereginantis * fidelitate jurata , regni administrationem rothomagensi . archiepiscopo decreto communi tradiderunt , amotisque ministris tyrannicis , provinciarum regimen melius ordinari voluerant . quibus actis , anglia in cunctis finibus suis pacem recepit , & decenri sub novis caepit recteribus moderamine gubernari : malis plurimis quae sub tyranno pullulaverant , atque viguerant , pariter cum ipso eliminatis , a happy publike change and parliamentary reformation worthy our imitation . in the (m) year of our lord . earl john conspiring with the french king to deprive king richard his brother of his crown , kingdom , and dominions , seising many of his castles beyond the seas , ( profering the emperour great ●ums of money not to release him , being then his prisoner , ) and endeavouring to get possession of the realm of england , anno . venit in angliam adam de sincto edmundo clericus et familiaris comitis johannis , mi●sus ab eo in angliam cum literis ad castella sua munienda contra fratrem suum . who coming to the lodging of hubert archbishop of canterbury , and boasting much of the prosperity of his lord , and what castles the french king had delivered to him as he sate at dinner ; to the great of●ence of the archbishop and others ; thereupon after dinner , adam returning to his lodging in london , major londoniarum injecit manus in eum , & tenuit ; & cae●it omnia brevia sua , in quibus mandata comitis johannis continebantur , & tradidit ea cantuariensi archiepiscopo . qui in crastino convocatis coram eo episcopis , comitibus et baronibus regni , ostendit e●s ●eras comi●is ●ohannis & earum ●enorem . & statim per commune concilium regni definitum est , quod comes johannes di●e●●retur de omnibus tenementis suis in anglia ; & ut castella sua obsiderentur : ( for this his treason ) & factum est ita . eodem die hubertus cantuariensis archiepiscopus , hugo lincolniensis , richardus londoniensis , gilbertus roffensis , godefridus wintoniensis , & wigorniensis & herefordensis episcopi , & henricus exoniensis electus , & abbates et clerici multi cantuariensis dioeceseos convenerunt in capella monachorum infirmorum apud westmonasterium , et sententiam anathematis tulerunt i● comitem johannim , et in omnes fautores ejus et consiliarios qui pacem et regnum regis angliae turbaverunt vel turbarent , nisi relicta hostilitate ad satisfactionem venirent . after which they appointed what persons should besiege and reduce earl johns castles , who vigorously executed their commands . king richard soon after being enlarged returning into england , summoned a great parliamentary council at nottingham , the proceedings whereof against earl john and others , are thus recorded by (n) roger de hoveden . tricesima die mensis martu ●eria quarta richardus rex angliae celebravit prim●m concilii sui diem apud n●tingham ; cui interfuerunt , alienor regina mater ejus , et hubertus cantuariensis archiepiscopus , qui in dextris regis sedebat in concilio ilio ; et gaufridus eboracensis archiepiscopus , qui a sinistris ejus sedebat , et hugo dunelmensis , et hugo lincolniensis , et w●llielmus eliensis regis cancellarius , et willielmus herefordensis , & henrious wigorniensis , et henricus exoniensis , et johannes candidae casae episcopi : et comes david frater regis seotiae , & hamelinus comes de warenna , & ranulfus comes cestriae , et willielmus comes de ferreres , & willielmus comes de salisberia , & rogerus bigot . eodem die rex disseisivit gyrardum de canvilla de castello , & vicecomitatu lincolniensi , et hugonem bardulf de vicecomitatu eboracensis sciriae , et de castello eboraci et de scardebur● , & de custodia de westmerland ( for their disloyalty towards him ) et omnia supradicta disposuit venditioni , &c. tricesima prima die mensis maii , rex angliae celebravit secundum diem concilii ●ui : in quo ipse petiit sibi fieri judicium de comite iohanne fratre suo , quod contra fidelitatem quam ei juravera● , castella sua occupaverat et tertas suas transmarinas et cismarinas dest●uxera● , et foedus cum inimico suo rege franciae contra eum inierat : similiter & de hugone de nunant coventrensi episcopo sibi fieri judicium postulavit , qui secreti sui conscium eum reliquerat , et regi franciae et comiti johanni inimicis suis adhaeserat , omne malum in perniciem regni sui machinans . et judicatum est , quod comes johannes , et episcopus coventrensis citarentur , & si intra quadraginta dies non venerint , nec juri steterint , judicaverunt comitem johannem demeruisse regnum , & episcopum coventrensem subjacere judicio episcoporum , in eo , quod ipse episcopus era● , et jvdicio laicorvm in eo , quod ipse vicecomes regis extiterat . secunda die mensis aprilis sabbato celebravit diem quar●um , & ultimum concilii sui , in quo omnes , tam cleri●i quam laici qui volebant sibi conqueri de archiepisc : eboracensi , fecerunt queremonias multas de rapinis et injustis exactionibus : sed archiepiscopus eboracensis nullum eis dedit responsum . deinde per consilium et machina●ionem cancellarii ut dicitur ) girardus de camvilla fuit retatus de receptatione praedonum , qui rapuerunt bona mercator●m euntium ad nundinas de stanford : et ab eo recesserunt ad rapinam illam faciendam , et de rapina illa redierunt ad eum . praeterea appellaverunt eum de laesione regiae majestatis , in eo quod ipse ad vocationem ju●titiarium regis , venire noluit , nec juri stare de praedicta receptatione rap●orum , neque eo● ad justitiam regis producere : sed respondit ; se esse hominem comitis johannis , et velle in curia sua juristare . prae●erea appellaverunt eum , quod ipse fuit ●n viet adjutorio cum comite johanne et aliis inimicis regis ad castella regis de notingham et de tikehill capienda . girardus vero de camvilla negavit omnia quae objiciebantur ei ab illis , et illi dederunt vadium de prosequendo , et girardus dedit vadium defendendo se per unum de liberis hominibus suis . a clear evidence of the form of proceedings in our parliamentary councils in that age against traytors and other offenders there impeached , accused in criminal causes , and of the lords antient undisputable right to give judgment therein , both in case of peers ( as earl john , the bishop of chichester , and archbishop of york then were ) and in case of commoners , girard de camvil ( as i take it ) being then no peer or baron of this realm , but only a servant to earl john , though afterwards in (o) king johns reign i finde him numbred amongst the barons , who were witnesses to the homage and oath of allegiance made by william king of scots to king john. earl (p) john soon af●er coming to his brother king richard , ca●● himself down at his feet , and with many tears , confessing his folly , ill counsel and practices against him craved his pardon ; whereupon he received him into his favour , and presently restored his lands which he had seised into his hands as forfeited by the parliaments sentence denounced against him for his treason . the (q) pope in the year . having interdicted the whole realm of england , king john thereupon fearing that he would likewise excommunicate him and absolve his nobles from their allegiance to him ; to preserve his royalties , sent a company of armed soldiers to all the potent nobles of the realm , and especially to those he suspected , exacting * hostages from them , that so if they should afterwards be absolved from their allegiance , he might reduce them to due obedience . many submitted to the kings commands , and delivered some their sons , others their nephews , others their kinsmen for hostages to the messengers . who at last coming to william de brause a noble man , and requiring pledges from him as they had done from others , found a repulse . for matilda his wife out of a womanish procacity , taking the word out of her husbands mouth , answered the messengers : i will not deliver my children into the hands of your lord king john , because he most dishonourably slew his nephew arthur , whom he ought to have honourably kept and preserved . which her husband hearing , rebuked her , saying ; that she had spoken like one of the foolish women against our lord the king ; for if i have offended him in any thing , i am and will be ready to answer my lord , and that without hostages , secundum judicivm cvriae suae et baronum parium meorum assignato die & loco . the barons in that age being to be judged and tried only by their peers , and that in the kings court of parliament , for any offences against the king ; not by the commons or any inferiour persons . in the year of christ . (r) king henry the . removing most of his english great officers and councellors from his court , and placing poic●o ●es and aliens in their room , by whole counsel he was wholly sw●yed & misguided ( especially by peter de rivallis ) qui homines angliae naturales , & nobiles totis viribus opprimebant , proditores eos vocabant , quos etiam de proditions apud regem ●ccusabant ▪ ●ne●aurorum ●e●iam suorum rexeis custodias cum ●egibus pat●ii & judicii● commisit . quid plura ? judicia commit●ntur injustis , leges exlegibus , justicia inj●riosis . et eum nobiles de regno , & in regno de oppressionibus sibi irrogatis , coram rege causam deponerent , petro episcopo impedience , non fuit qui eis justitiam exhiberet , &c. cumque his & consim●●ibus injuriis richardus comes , regni mareschallus , vider●t tam nobiles quam ig●bbiles op●rimere , & i●ra regni penitus deponere , zelo justitiae provocatus , associatis sibi quibusdam magnatibus ad regem , audacter accessit , increpans eum audientibus multis , quod per pravum consilium advocarat extraneos pi●taviense , no pressionem r●gni , & hominum suorum de regno naturali●m , legum pariter ac libertatum . unde regem humiliter ●ogabat , u● tales excessus corrigere festinarer , per quos coronae suae & regni sui subversio immineba● . affirmabat insuper , quod si hoc emendarc distugerer , ipse et caeteri de regno magnates , tamdiu se ab ipsius consilio subtraherent , quamdiu alienigenarum consortio frueretur : ad haec autem respondens petrus wintoniensis episcopus , dixit , quod bene licuit domino regi extraneos quoscunque vellet vocare ad defensionem regni sui & coronae , & etiam tot & tales , qui possent homines suos superbos & rebelles ad debitum compellere famulatum . comes vero mareschallus , & caeteri magnates perturbati a curia recedentes , cum aliud non poterant habere responsum , firmiter promiserunt ad invicem , quod pro hac causa , quae omnes tangebat , usque ad divisionem corporis & animae , viriliter dec●r arent . after which the king with the bishops advice filling all england with po●o●ovines newly called over ; and being wholly guarded , counselled , swayed by them , out of hatred and contempt to the english nation● rex mi●●is li●eris f● is , ●ocavi● omnes de regno comites et barones ad colloquium , 〈…〉 apud oxoniam , 〈◊〉 ●m sancti ●ohannis , sed ipsi noluerunt ad ejus mandatum ve●ire , tum prop●er in●idias al●enigenarum , ●um prop●er indignationem quam conciperant adversus regem , qui ex●ran● os ad eorundem baronum vocavit con●emp●um . et cum hoc regi per nuncios solennes denuncias●ent , iratus est vehementer & judicialiter jussit diffinire , quo ordine debeat eos compellere ad suam curiam ( the parliament ) convenire ▪ tunc decretum est per * judicium , ut secundo et tertio vocentur a rege , ut probet ●venire ve ●in● , ve●non . significavit ergo rex magnatibus memoratis , ut venirent apud westmonastirium quinto idus julii , ad colloquium , & ibi per eorum consilium emendaret , quicquid de ju●e noverat corrigendum . sed cum audissent magnates prae●ati , quod paulatim applicuerunt in regno praedones multi cum equis & armis a rege invitati ; cum nullum pacis vidissent vestigium , suspectas habentes pictavensium innaras versutias , supersederunt ad diem ●●bi statu●um venire ; denunciantes regi per nuncios solennes , quatenus omni dilatione remota , ejicerer pet●um wintoniensem episcopum , & c●eceros pictavenses de curia sua : sin autem nolle● , ipsi omnes , de communi concilio totius regni ipsum cum iniquis consiliariis suis a regno depellerent , et de novo rege creando contractarent . his ira ge●●is , rex animo ●on●ternatus est vehementer , et ejus curia tota , vultum demittentes , & non mediocriter me●entes 〈◊〉 fiet error filii patris errore deterior , quem homines sui de fa●igio ●egni deponere satagentes , ad illud nomen quod ei per quoddam prae●agium datum est , scilicet iohannes extor●is , fere derruserunt tunc petrus episcopus con●ium regi dedit , ut a●ma moveret contra rebelles homines suos , & castella eorum & terras pictavensibus con●●erre● , qu●regnum angliae a s●is proditoribus tuer●tur . the king following his evil counsel . spoiled gilbert basset a nobleman of a mannor given him by king john , and when he demanded restitu●ion of it , called him traytor , and threatned to hang him unlesse he departed his court● he also imprisoned sir ▪ ric. swa●d and suspecting all the other nobles and great men of the realm , demanded hostages from them , signifying to them all by his letters , that before the calend● of august they should present to him so many and such hostages ; wherewith they might remove all suspition of jealousie out of his mind . cumque comites ac barones angliae in magno militiae appar● 〈…〉 colloqvium calend. august● sibi praesticum ▪ the earl marshal being informed by his sister isabel , as he was going thither , that ther were ambushes laid to take him by his enemies , to present him to the king and bishop of winchester , who would imprison and deal with him as they had done with hubert earl of kent ; he thereupon departed in the night and posted into wales to avoid the danger . venerunt autem ad colloquium praedictum , comes cestriae , comes lincolniae , comes de ferrariis , & comes richardus frater regis , cum aliis comitibus & baronibus multis ▪ sed nihil ibi actum fuit propter absentiam comitis mareschalli , et gileberti basset , et quorundam aliorum absentium magnatum ( the lords refusing to act , si● , or grant any thing to the king whiles the●e eminent members were absent , and their house no full . ) unde rex per consilium episcopi wintoniensis & stephani de segrave fecit invitari per literas omnes de regno magnates , qui sibi ad militare servitium ▪ renebantur , ut venirent apud gloverniam cum eq●is & armis die dominica ante assumptionem beatae mariae . sed richardus mareschallus , & alii multi qui fuerunt confaedera●i , cum venire noluisseut ad diem statutum , fecit rex , ac si proditores essent , villas eorum concremari , pa●cos & vivaria eorum destruere , castella obsidione vallare ; the king outlawing them of treason : whereupon there arose a war and many skirmi●hes between the kings party and poictovines , & the earl marshal and his confederates for near two years space . * anno . rex anglorum venit ad colloquium apud westmonasterium in purificatione beatae mariae , in quo quosdam episcopos & maxime alexandrum cestrensem episcopum , graviter increpavit de n●mia familiaritate comitis mareschalli , & quod ipsum a regni s●lio depellere nitebantur . episcopus autem ille , pontificalibus indutu , cum talia sibi objecta cognovisse● , ne●non quosdam qui regi suggesserant exasperando ; episcopos foventes partes mareschalli , velle alium regem erigere , commotus est vehementer . excommunicavit igitur in continenti omnes qui contra regem iniquitatem hujusmodi sceleris cogitabant , vel super episcopos , qui omnino de salute & honore regis sollicitabantur , malitiose talia imponebant . et sic manifestata episcoporum ac probata innocentia , confusis discordiae seminatoribus , siluit legista ( rogerus de cantelu ) ab anathemate ut videbatur , non immunis . sic igitur intervenientibus episcopis , qui aderant , pacificatus est alexander cestrensis episcopus , & quievit spiritus illius nimis ante amaricatus . affuit quidem hinc colloquio magister aedmundus cantuariensis electus , cum multis episcopis suffraganeis , qui omnes regis , & regni desolationi condolentes , venerun● ad regem , & quasi uno corde , animo et ore dixerun● : domine rex , dicimus vobis in domino , ut fideles vestri , quod consilium quod nunc habetis , & quo utimini non est ●anum nec securum , sed crudele & periculosum vobis et regno augliae , petri videlicet wintoniensis episcopi , & p●tri de rivallis , & complicium suorum . imprimis , quia gentem anglicanam odio habent & contemnunt , vocantes eos proditores , & facientes omnes sic vocari , & avertentes animum vestrum ab amore gentis vestrae , & corda nostra , & gentis vestrae a vobis ; quod apparet in mareschallo , qui melior homo est terrae vestrae , quem per mendacia interseminata a vobis elongantes perverterunt . et per hoc idem consilium , scilicet per dictum epis●opum , amis●● pate● vester rex johannes , primo corda gentis suae , deinde norma●mam , post alias terras , & in fine totum the the●aur●me exhau●ie ▪ & ●ere dominium angliae , & nunquam po●●ea pacem habuit . per idem con●ilium tempotibus nostris , turbatum fui● reguum , & venit interdictum ; et denique factum est regnum tributarium ▪ et princeps provinciarum fact●s est pro● do●or ignobilibus sub ●●ibuto , et inita guerra et diu protelara , mortuus est pater vester quas● extorris , nec in pace regni vel animi , et h● mortem per eo● admodum incurrit periculosam . per idem consilium contra vos detentum ●uit castellum de bedeford , ubi multum thesaurum , et stre●uos nomines perdidisti : ob quam causam interim rupe●am in ignominiam totius regni tui amisisti . item perturbatio nunc imminens toti regno periculosa , per eorum consilium iniquum accidit , quia si per justitiam et rectum judicium terrae tractati fuissent , homines vestri , non eveni●●et ista perturbatio , et haberetis terras vestras non destructas , et thesaurum inexhau●lum . item in fide dicimus , qua vobis astringimur obligati , quod consilium vestrum non est pacis , sed perturbationis terrae , quia sic crescere volunt , qui per pacem non possunt , scilicet per regni perturbationem , et aliorum exhaeredationem . item , quia castra vestra , et fortitudinem vestram habent in manu sua , quasi de gente vestra diffidere debeatis . item quia ●caccarium vestrum , et omnes custo ias et eschaet●s maximas habent in potestate sua , placet ●alis expectatio , et quomodo vobis respondebunt in fine , ut credimus comprobabis . item , quia nisi per sigillum vestrum , vel praeceptum sine sigillo perri de rivallis , vix aliquod magnum nego●i●m ●it in regno , quasi ●vos pro rege non haberent . item , per idem consilium naturales homines de regno vestro de curia vestra expulsi sunt : unde ●imendumest tam de vobis quam de regno , cum videamini magis esse in eorum potestate , quam ipsi in vestra sicut per plurima constat exempla . item , quia pnellam de britannia , et sororem vestram habent in potestate , et alias plures puellas nobiles , et alias mulieres nubiles , cum wardis et maritagiis quas dant suis , et disparaban● . item , quia legem terrae juratam et confirmatam ; atque per excommunicationem corroboratam , pariter et justitiam confundunt et pervertunt , un●e ●imendum est , ne sin● excommunicati , & vos eis communicando . item , quia non observant alicui promissionem , fidem , vel juramentum , vel scripturae munimentum , nec timent excommunicationem . unde qui a veritate recessetunt , sunt desperati , ut qui in timore remanent diffidentes . haec autem fideliter vobis dicimus , et coram deo et hominibus consulimus rogamus et monemus , ut tale consilium amoveatis a vobis , et sicut est in aliis regnis consuetudo , regnum vestrum tractetis per fideles homines vestros et juratos de regno vestro . denunciamus enim vobis in veritate , quod nisi infra breve tempus ista correxeritis , in vos , & in omnes alios contradictores , per censuram ecclesiasticam procedemus , nihil nisi consecrationem venerabilis patris nostri electi cantuariensis expectantes . et his ita dictis , rex humiliter postulavit inducias , dicens , se non posse ita subito consilium suum amovere , donec de thesauro suo illis commisso , ratiocinium audisset . et sic solutum est colloquivm , recedentibus cunctis cum fiducia concordiae celeriter ob inendae . (s) on the of april following , convenerunt ad colloqvium apud westmonast . rex cum commitibvs et baronibus , & archiepiscopus nuper consecratus , cum suis suffraganeis , ut regno perturbato salubriter providerent , archiepiscopus quidem conjunctis sibi episcopis , accaeteris qui aderant praeclatis , ostendit ei consilium suum & episcoporum , super desolatione regni , & periculo imminenti , replicando suprascripta incommoda , in colloquio superius habito sibi expressa . denunciavit etiam ipsi expresse , quod nisi celerius errorem dimitterei , & cum fidelibus regni sui pacifice componeret , ipse in continenti cum omnibus qui aderant praelatis , in ipsum regem sententiam ferret excommunicationis , & in omnes alio● hujus pacis contradictor●s et concordi● perversones . rex autem pius audiens consilium praelatorium , humiliter respondi● , quod consiliis eorum in omnibus obtemperaret : unde post dies pauco● , intellige●● proprium errorem , po●uitentia ductus , ●raecepit petro wintoniensi episcopo , ut pergens ad episcopatum suum , curis intenderet animarum , et de caeteris regiis negotiis nequiquam interesse● . petro eti●m de rivallis immurabiliter jussit , cujus angli●●ota dispenfacionibus subjacebat , ut redditis sibi castellis suis , & ratio●inium de thesauris in continenti reddere● , et a curia recederet ; affirmans cum juramento , quod nisi beneficiatus et in sortem ●lo●i●orum esset admissus ipse ei ambos oculos eruere faceret . p●●tavienses insuper omnes ●am de curia sua , quam de castrorum presidiis expellens , remisit in patri●m suam , praecipiens ut ultra faciem suam non viderent . et sic rex dimissis iniquis consiliariis suis , revocavit ad obseq●ium suum naturales homines de regno suo , subjiciens se consilio archiepiscopi et episcoporum , per q●os sperabat regnum perturbatum , ad statum prosperum revocare . soon after the king ( as appears by claus . h. . m. . ) by the advice and judgement of the archbishops , bishops , earls , barons , and other his great men in the parl. at gloucester , reversed and nulled all the outlawries against hubert earl of kent , ralph basset , and other adherents to the earl marshal , eo quod injuste , et contra legem terrae in eos fuerant promulgata , ( which he caused the sherifs publikely to proclame ; ) recalled hugh de burgo earl of kent , gilbert basset , s●r richard sward , whom he had formerly banished , imprisoned , injured , cum omnibus qui cum eis , et pro eis in exilium fuerunt pulsi ; in gratiam suam plenam et non fictam revocavit , et eis in osculo pacis receptis reddidit omnia jura sua , in colloqvio calend junii ; admitting ( in this parliament ) the said hubert , gilbert , and sward , to be his domestick servants and familiar counsellors : runc demum intelligens , quod primum fuerat seductus astutia consiliatorū ▪ in the mean time r.e. marshal being treacherously slain in ireland , by a letter sent hence from the kings ill counsellors under the kings seal ; hereupon , in eodem colloquio , aedmundus cant. archiepiscopus fecit recitari exemplar literarum , de proditione richardo comiti praeparata coram rege et unverso conventu episcoporum , comitum pariter ac baronum qui affuerunt , quae a consiliariis regis mi●●ae fuerunt ad magnates in hybernia . unde rex ipse et alii omnes qui eas audierant , admodum sunt constricti , & usque ad lachtymarum compuncti sunt effusionem . rex autem confessus est in veritate , quod compulsus ab episcopo wintoniensi et petro de rivallis & aliis consiliariis suis , jussit figillum suum apponi in quibusdam literis sibi praesentatis , sed tenorem eorum se nunquam audisse cum juramento affirmavit . ad hoc respon●um archiepiscopus dixit , scrutamini rex conscientiam vestram , quia omnes illi qui literas illas mitti procuraverunt , et hujus proditionis conscii fuerunt , rei sunt de morte marescalli , ac si illum propriis manibus occidissent . tunc rex , habito consilio , fecit vocari per literas episcopum wintoniens●m , petrum de rivallis , stephanum de segrave , et robertum de passeleve , ut venirent ad festum sancti johannis , ratiocinium reddituri de thesauris suis receptis pariter & expensis , sed et de sigillo suo quod male tractaverant , ipso penitus ignorante , mandavit ut tunc venirent responsuri et juri parituri . sed illi proprias conscientias habentes suspectas in omnibus , ex una parte regem , ex altera fratres et amicos metuebant marescalli , cujus necem procurasse videbantur . unde ad pacem ecclesiae confugients , episcopus et petrus de rivallis in ecclesia cathedrali apud wintoniam latitabant , a conspectu hominum sese penitus subtrahentes . stephanus vero de segrave in ecclesia sanctae mariae in abbatia canonicorum apud legecestriam delituit , et qui prius a clericatu ad militiam per arrogantiam confugerat , ad clericatus officium reversus , coronam quam reliquerat , inconsulto episcopo revocavit . robertus quoque passeleue ad latibulum divertit incognitum , &c. sed revera ad novum templum , ●e infirmum simulans , in quodam secreto celatus cellario la●itabat , more tectus leporino . tandem aedmundus cant. episcopus , impetravit a rege , ut sub salvo conductu ipsius et episcoporum possunt ad diem certum coram illo ●enite , ut omnis in regno dissentionis occasio sopiretur . statuit igitur illis diem rex pridie idus julii apud westmonasterium , ubi sub protectione archiepiscopi et episcoporum ad regis praesentiam sunt producti . petrus de rivallis primus in causam vocatu● , apparuit coram rege in habitu clericali , cum tonsura et lata corona , regem●ue reverenter salutavit cum iusticiariis su●s in banco sedentem . quam rex torvo respiciens oculo , o proditor inquit , per iniquum consilium tuum , sigillum meum ignorans apposui literis de proditione comitis mareschalli . per tuum etiam pravum consilium , ipsum et alios de regno meo homines naturales et eorum animos à me pariter , & amorem averti . per pravum etiam consilium tuum et complicum tuorum , guerram contra illos movi , in jacturam irrestauribilem , et regni opprobrium , per quam guerram thesaurum meum et vitam multorum illustrium , simul et honorem meum amisi lamentabiliter . exigit igitur rex praeterea ratiocinium de thesauro suo et custodia puerorum nobilium et escheatarum cum aliis proventibus multis , quae ad coronam spectabant . cumque haec et alia multa rex ab eo sub proditionis nomine exigisset ; nihil omnino de objectis sibi criminibus negavit , sed coram rege in terram corruens , per haec verba ejus misericordiam imploravit . domine rex , inquit , nutritus sum a vobis et in bonis temporalibus dives factus ; ne confundes hominem quem creasti , sed concede sa●tem tempus deliberandi , ut de rebus exactis , competenter vobis valeam reddere rationem . cui rex : mittam te iu turrim londinensem ut ibi deliberes donec mihi satisfacias praevia ratione . ad haec petrus , domine , clericus sum , nec debeo incarcerari , vel sub laicorum custodia deputari . respondit rex : te ut laicum hactenus gessisti , a te agitur ut laico , cui meum commisi thesaurum , exigo . veruntamen e●●e pro sens est archiepiscopus , qui si pro te fidi●ubere voluerit ; tradam te illi ut mi●i ●●tisfaci●t de exactionibus supradictis . ad quod cum silui●se● archiepiscopus , misit rex praedictum petrum in turrim memoratam , accipie●s in manus suas omnes laioas possessiones ejus , quia sub habitu clericali l●ica erat induius , gestans anela●ium ad lumbare , quod clenicum non decebat . et tunc p●t●us fle●it amare , scilicet ingredie●s n● ioulum ● ducendus ad turrim supradictam . fuit autem in ea die jovis , et s●quenti die veneris . et tunc ab archiepiscopo liberatus , apud wintoniam perductus est , et in ecclesia dimissus cathedrali . apparuit autem eadem die in regis praesentia stephaphanus de segrave , veniens sub protectione archiepiscopi , de rebus sibi impositis res●onsu●u● . qui cum staret in judicio juri pariturus ; increpavit eum rex sub nomine nequissimi proditoris , de domnibus articulis de quibus increpave●at petrum de rivallis ; hoc etiam ad●iciens , quod consilium dederat et , ut hubertum de burgo ab offici● justiciarii amoveret , incarceraret , patibulo suspenderet , & nobil●s de regno exilio relegaret . cumque haec & alia multa ei imposuisset slagitia , exegit ab eo ratiocium de ossicio justiciarii , quod sub eo ministraverat post hubertum de burgo , de rebus receptis pariter et ●xpensis . super his autem archiepiscopus et episcopi impetraverunt inducias a rege usque ad festum s. michaelis , ut deliberandi tempus haberet . de pravis quoque consiliis sibi imputatis , alios altiores eo medios scilicet int●r regem et eum quibus necesse habuit immediate respondere , nepote w●lierum carleolensem & petrum de rivalli● non me redarguat . et sic de aliis umbonem f●oiens recessit , in alios crimen retorquendo . et sic absdondit se iterum robertus passeleue . the king made hugh de pateshulle , an honest and faithfull man chief justice of england , much against his will , in passeleues place . and at the archbishops request , in the same parliament , restored to gilbert , brother and heir to murdered richard earl marshal , all his inheritance both in england and ireland , received his homage , knighted , and gave him the rod of his marshals court , as the manner is , to hold that office as well and freely as his ancestors enjoyed it . and so this civil warr and combustion between the king and his nobles was fully reconciled . i have transcribed this history , and these parliamentary proceedings at large out of matthew paris . first , to manifest the gallantry , courage , zeal , vigilancy , unanimity of our nobles , lords , barons , and prelates in that age , in opposing , reprehending the king himself to his face , and threatning to depose and excommunicate him , both in and out of parliament , for entertaining foreigners and ill counsellors about him ; neglecting , hating , banishing his own nobles and natural subjects as traytors , without any just cause or legal trial , and subverting , confounding their lawes , liberties , justice , &c. ly , to manifest the proceedings , impeachments in these parliaments against the earls and nobles refusing to appear at these parliaments upon the kings these successive writs of summons ; his outlawing them of high treason , and spoiling , burning , seising their houses , lands thereupon , being adjudged by the lords in parliament , to be illegal and afterwards reversed as unjust and against the law , claus . . h. . m. . ly , to manifest , that the lords in parliament would not act any thing in the absence of these eminent lords refusing to appear . ly , to evidence the sentence and justice of the king and lords , against these ill counsellors , aliens and traytors to the publique , whom they caused to be removed from the king , court , kingdom , put from their publike trusts and offices , called to an account , publikely arraigned before the king himself and his justices ; by whom they were imprisoned , their lands confiscated , and better counsellors of state and judges put into their places . * anno . accusatus est graviter comes cantiae hubertus de burgo coram rege et curia tota london : ubi post mult●s disceptationes , ut ira●undia regis , quae immoderate nimis con●●● ipsum excanduerat , quiesceret , adjudica●um est , ut quatuor castra sua charissima ( scilicet blancum castrum , grosmunt , scenefrithz , & haetfeild ) domino regi● resignaret , ut caetera sibi cum regis benevolentia in pace remanerent . (x) anno . the nobles complained in parliamnnt of the kings advancing his half brothers , who were aliens , swaying all things , and impoverishing the realm , and of their intollerable pride , insolency , and injuries ; and the earl of leicester particularly complained to the parliament of william de valentia ; non tam●n regi sed universitati praecordialiter est conquestus , exigens instanter sibi justitiam adhiberi . the (y) same year the great men and nobles of the land , videntes regnum undique desolatum , tum exactionibus & tallagiis tam curiae romanae quam regis , quam etiam alienigenarum , & praecipue pictavensium elatione praesumptuosa , fivore regio in regno nimium in sublimi provecta , tantas in anglia dominationes sibi usurpantium & magisteria , ●ost pentecosten apud oxon. colloquium generale celebraverunt ( being summoned to this parliament by the kings writ ) super hiis , necnon & status regni melioration● efficaciter & exquisite tractaturi . quo non sine armis & equis electissimis muniti venerunt , ut si rex & alienigenae sui● provisionibus , & statutis sponte contemnerent assentire , vigore opposito cogerentur , aut ipsi alienigeni universaliter , sine morae regnum angliae poenitus evacuarent , quas quidem provisiones oxon. & stat . necnon et magnam chartam tam de libertatibus et de foresta ; tandem domino rege ad suorum procerum observantiam statutorum inclinato , per quēdam de suis militibus tactis sacrosanctis juramētum praestante , prudentium virorum & nationis anglicanae , quos ad regni gubernationem sub eodem duxerint inter se eligendos , consilio se commendavit & consideration● . his igitur p●ractis fidelitatem regi & regni et ad considerationem suorum parium stare omnes , quotquot in regno commorare vellent , fecerunt jurare the nobles in this parliament required , that all the poictovines might surrender up all the castles they held in england into the kings hands ; whereupon they peremptorily swore by the passion and wounds of christ , that they would never doe it whiles they breathed . whereupon the earl of leicester said to william of vairencia , the most insolent of them all , that he should either surrender up the castles he held of the kings , without delay , vel caput amitteret on he should lose his head . similiter alii comites et barones dicebant etiam constructissime assertione consistentes . the poictovines being very much terrified with these words ; not knowing what to doe , and fearing to fly to any castle , lest they should there be besieged and soon taken or starved by the lords , fled secretly and speedily from the parliament to winchester ; not sparing their horses sides , and setting spies upon hills and towers to observe whether the barons pursued them ; who hearing of their flight , commanding all their followers to arm themselves , and dissolving the parliament , without adjourning it to any certain day , (z) pursued them to winchester ; where the king and nobles holding another parliament , the poictovines judidium expectare nolentes , nec ausi exhibitionem justitiae , quae singulis secundum juramentum regis & procerum debebatur expestare ( being the sole judges of them in parliam . for their exorbitant offences ) they presently fled out of the realm beyond the sea , to avoid their sentence . hereupon (a) significatum est literatorie , ad multos etiam quos praedicti pictavienses impudentur offenderant ; ut ●nerelam super hoc repone●res ▪ ostenderent maguatibus regni da●a sibi a dictis regis fratribus illata , & eas querelas dilucidantes , constanter moras sequerentur , & ut sibi omnia , secundum quod jus dictaret restituerentur . sed quia instabat tempus messium , considerantes simultatem , et instantes labores forte inutiles sequi renuerunt donec majorem cernerent opportunitatem . the lords in parliament being willing to award them damages and reparations against the kings own brothers in law , upon complaint and clear proof of the injuries and damages they sustained by them . * anno . there falling out a great difference between king henry the . and prince edward his son : simon earl of leicester and other nobles ; thereupon , convocato in praesentia regis apud sanctum paulum , baronagio , habitoque prius tractat● de eadwardo super injuriis regi ( ut dicebatur ) illatis ; paratus est idem eadwardus , se omnium objectorum probare immunem , et ad duorum regum , scil . patris sui , et avunculi , provisionem in emendatione facienda se dare tractabilem : dicens , omnes alios barones , et comites sibi de jure non esse pares , nec suas in eum exercere discussiones . unde d●cu●a hinc inde veritate , omniumque relatorum falsitate probata , pacificato regi concordatus est filius , multiplicatis de jure inimicorum confusionibus . concordato itaque eadwardo regi et reginae , et aliis amicis , mox querela subsequitur de comite leicestriae simo●e , super pluribus injuriis tam citra mare quam ultra , contra regem ( ut dicebatur ) perpetratis . praefixo igitur die ad respondendum , & se de objectis expurgandum , idem comes ad dictum diem , licet breviorem , paratus est quantotiens petitis satisfacere , et ad discutiendam super oppositis veritatem , omnium transmarinorum quam cismarinorum , arbitrio obtemperare , exceptis quinque tantum minutis , tam suae quam eadwardi , discordiae seminatoribus . q●o audito comes gloverniae cum suis consentaneis , rimens sibi post praedicti comitis purgationem , gravissimas de se suscitati querelas , us que ad aliud parliamentum praefatum diem procuravit prorogandum , unde tumultu ad tempus sedato , rex proprium adivit palatium cum gaudio . articuli vero praetactarum culparum cum suis fabricatoribus plures sunt , & ultra modum transgressibiles , si veri essent . sed quia incredibiles sunt , & nulla fulciuntur veritate , ne mendaciorum scriptor dicerer , a●t fabricator , eos huic paginae non arbitror annotari . jmo qui eos si●ienter audire desiderat a mendac● monda●i● ex●auriet , & me in noc relinquens alium relatorem exquirat . anno . * prince edward returning out of france , brought . william de valentia the kings brother-in-law with him , lately banished out of the land , who could then scarce obtain any admission into it , but upon this condition , ut praestito in ingressu sacramento baronum provisioni in omnibus obediret , & singulis contra eum d●posi●is quaerelis et deponendis , si nece●se fuerit , responderet . eadwardus vero super vanis regis consiliis , & consiliariis edoctus , eisdem valde iratus , sponte se patris absentavit obtutibus , & fideliterut perjuraverat , assensit baronibus . inquisitis itaque diligenter praedictae contentionis fautoribus , et cognitis , unanimiter omnes cum eadwardo conjurarunt , quod nunquam regi consentirent in uno , donec quoldam non nominandos a suo amoveret consilio . addentes quod per talium pacis perturbatorum suggestiones rex saepe decipitur , & in praetacta papali absolutione juramenti sui ( to observe the provisions of the barons made at oxford . ) provisio regi & regno salutaris infirmatur . unde revelato eorum secreto , nunquam rex , talium consilio intermediante , suo poterit baronagio prout decet consenti● . com●●es antem gloverniae et leicestriae , pace sunt tunc firmissima confaederati simul cum eadwardo & aliis , contestantes , quod aut praedictorum perturbatocum a rege removerent consorrium , aut guer●a vi●iniore suscitanda alterutros se darent in interitum . in pursuance whereof the barons continued in arms so long , till they forced the kings ill counsellors from him , constrained him to reconfirm and assent to their provisions made at oxford , to banish all strangers out of the realm , and to put all his castles into their hands . anno . richard king of romans , * prince edward the kings eldest son , caterique barones omnes et nobiles praedicto regi angliae constanter sincerae fidei & devotionis operibus adhaerentes , in their memorable letter and answer immediately before the battle of lewes , simoni de monte forti , gilberto de clara , caeterisque universis & singulis perfidiae suae complicibus ▪ who accused them of giving neither good nor faithfull counsel to the king , in their letter then sent to them , write thus , in order to a legal trial in the kings court of parliament by their peers . de hoc autem quod falso nobis imponitis , quod nec fid●le , nec bonum consilium regi domino vestro damus , nequaquam verum dicitis . et si vos , domine simon de monte forti , vel gileberte de clara , velitis hoc idem in curia domini regis asserere , parati sumus securum veniendi ad dictam curiam procurare conductum , & nostrae super hoc innocentiae veritatem , & vestrum sicut perfidorum proditorv●m mendacium declarare per alios ( misprinted in some copies alium ) nobilitate et genere vobis pares ( not parem ) relating to that of magna charta , c. . per legale judicium parium suorum , by which peers only are legally triable . in the year of our lord , being the year of henry the his reign , the earl of leicester , simon de montefort , and sundry other of the barons being slain , and the rest of them totally routed in the battel of evesham by (b) prince edward ; thereupon the king being rescued out of their hands , and restored to his royal authority , summoned a parliament at winchester on the nativity of the blessed virgin. in which parliament , rex et regni magnates ordinarvnt ( as mat. westminster relates ) quod di●iores civitatis londinensis , in carcerom truderentur ; quod cives & civitas londinensis ( nota ) suis antiquis privilegiis & libertatibus privaretur ob suam rebellionem : & quod stipites & cathenas quibus civitas fuerat roborata , de medio tollerentur , pro eo quod simoni de montiforti , comiti leicestriae in regis contemptum , et etiam damnum regni fortiter adhaeserant . capitunei etiam factionis contra regem , juxta voluntatem ejus pl●ctendi , carcere manciparentur . quod & totum factum est . nam & potentiores civitatis , apud castrum windesoram carceri fuerunt mancipa●i , qui post modo poena pecuniaria , ad summam non modicam mulctabantur . libertas fuit civibus interdicta , & turris london per stipites & cathenas civitatis forti●r facta , post ho● aprid westmonasterium in festo translatio●is sancti edwardi , there was another parliament held at london summoned by this writ yet extant on record . (c) henricus dei gratia rex angliae , &c. cum post gravia turbationum discr●minadudum habita in regno nostro , carissimus filius edwardus primogenitus noster , pro pace in regno nostro assecurenda , et firmanda obses traditus extitisset , et jam sedata , ( benedictus deus ) turbatione praedicta , super deliberatione ejusdem salubriter providenda , et plena securi●a●e et tranquillitate pacis , ad hono●em dei , & utilitatem totius regni nostri firmanda , et totaliter complenda , ac super quibusdam aliis regni nostri nego●●is quae sine consilio vestro et aliorum praelatorum et magnatum nostrorum nolumus expediri , cu● eisdem tra●tatum nos habere oportet ; vobis mandamu● rogantes in fide et di●ectione , quibu● nobis tenemini● quod omni occasione postposita , & negotiis aliis praetertermissi● ad nos londoniis . &c. nobiscum et cum praedictis praelatis et magnatibus nos●ris , quos ibid. v●c r●cimus supe● praemi●is istis trac●a uri ▪ et consil . impensuri . et hoc sicut , nos et honorem nostrum ac ve●●rum necnon et communem regni nostri tranquillitatem diligitis , nullatenus omittatis . the teste of this writ to the bishops , bears date of winchester ( where the former parliament was held ) decemb. . the writs to the temporal lords . (d) abbots and peers b●ar date at woodstock the of this month ; there being no lesse than abbots , priors , the master of the temple , and dears of cathedral churches summoned thereunto , (e) besides knights and burgesses now first summoned to that parliament to settle peace , most of them being voluntarie summoniti , and not bound of right to come , not holding of the king by barony . in this parl. by judgement of the king and lords sententia exhaeredationis in regis adversarios ferebatur ; ' & omnes qui contra regem cum comite simoni ' steterunt ; exhaeredicabantur ; quoram terras rex suis sideli bus tradidit sine● mora , pensatis meritis singulorum . the execution of this sentence appears in the patent roll of h. . m. . schedula . where the lands and menors of simon de montfort and other rebels adhering to him against the king , are confiscated to the king , and granted by him to sundry others there mentioned ; as the lands of the barons adhering to king lewis against king john their native soveraign , were in like manner forfeited to and granted by him , claus . johan . regis , dors . , , . by these two last parliamentary presidents and proceedings against the londoners , simon montfort , the baron● , and a● other his confederates whether peers or commoners in case of treason and rebellion against the king , to the forfeiting of their antient customs and liberties , imprisoning and fining of their persons confiscation of their goods disinheriting them of their lands and freeholds , by judgment and ●entence of the king and lords , it is undeniable , that the king and lords have an antient undoubted right to judge and censure both peers and commoners too in parliament , in cases of treason and other misdemeanours there properly triable . in the year (f) . king henry the d. & regionis nobiles assembling together at westminster at christmas , to treat about setling the peace of the realm after the accustomed manner , there issued out an edict against earl ferrers , who was perpetually depri●ed of his earldom according to the form of his obligation , ( for his treason and rebellion against the king ) and edward the kings son was put in possession of two counties ( or earldoms ) to wit , derby and leicester . the same year after divers skirmishes between the disinherited baro●s and persons , and the kings forces ; to settle a firm peace upon the legates motion there was another parliament held at (g) kenelworth , wherein by the accord and consent of the king and lords , the persons disinherited , whose lands the king had confiscated for their treason and rebellion in the two former parliaments , were notwithstanding admitted upon their submission to the king , for reasonable fines and compositions , ( reduced to a certainty by bishops , and other lords commissioners ) both to their pardons , liberties , charters , and inheritance● , . only exc●pted ; their fines not exceeding . years value , nor to be under one ; without any imprisonment , or loss of member● : as you may read at large in the accord between them and the king at * kenelworth printed in the statutes at large . see par. h. . dors . . the patent charter and claus . ro●s of , , , . of henry the . and claus . e. . m. . d●rso . in the (h) parliament of e. . john archbishop of yorke was impleaded and complained against for excommunicating the bishop of durham being juxta latus regis per ipsius praecep●um , against the dignity of the king ; and for imprisoning william of willicon , and john rowman , two of the bishops servants , in the castle of durham , being excommunicated by him in his ecclesiastical court , for the wardship of certain lands to which the archbishop pretend●d a right ; the custody of which lands being a temporal matter , belonged not to ecclesiastical cognisance . the archbishop protes●ing , that although he ought not to answer for this matter in the court of our lord the king , yet he was willing to answer : and thereupon allegeth , that the bishop of durham was his subject and suffragan ; and shews the whole matter and manner of the proceedings against him and his servants in his court , and justifies the same . to which richard de breelwell who prosecuted for the king , answered , that the bishop of durham was to be considered in a twofold estate , one as a bishop , the often as an earl , in respect of his temporalties and tenements : in which l●ter respect he was not subject to his archiepiscopal jurisdiction ; to which the archbishop replied . after much and ●ong debate , it was adjudged and resolved by the lords , in parliament ▪ that for this offence , the archbishop should be committed to prison : and likewise agreed ▪ that in like cases it should ever be so : this his excommunication of them in his ecclesiastical court for a temporal matter : being an high contempt against the king , to the disinherison of his crown and dignity . moreover , he was adjudged to make his submission to the king , and to pay a fine of maerks to the king for this offence . the archbishop hereupon makes his submission ; aend after much mediation to the king by his friends , his imprisonment was remitted , but the king would not abate one penny of his sine , for the due payment whereof , he was enforced presently to enter into a recognisance ; and so dismissed . the record is very long , worthy perusal , but this is the summary of it . anno . (i) after the feast of st. michael in parliamento tento salopiae , david quondam frater lewlini principis walliae , per potentiores angliae judicatus , judicialiter condemnatus , ad caudas equorum per municipium salopiae , tractus et suspensus est , visceribusque combustis , corpus capite truncatum , & in quatuor partes est divisum , quibus in civitatibus angliae nobilioribus suspensis , caput londoniis super palum fixum est , ad terrorem consimilium proditorum . (k) king edward the . ann. . the . of his reign holding a parliament at st. edmonds , where there was granted him an . part of the goods of cities and boroughs , and a . part of the rest of the people : the clergy by reason of the constitution of pope boniface made that year , prohibiting under pain of excommunication , that no taxes nor exaction● should by any means be exacted from the clergy by secular princes , or payd by them of the goods of the church , denyed the king a subsidy which he demanded of them to maintain his wars . whereupon the king that they might deliberate of a better answer , deferred the business to another parliament to be held at london the next day after st. hillary , an. . the parliament then assembling , the clergy therein persisted in their denyal of a subsidy , upon the foresaid ground ; the king thereupon ( by his nobles advice ) excluded them from his protection , and prohibited any lawyers to plead for them in the exchequer or before any other regular judge , as being unworthy of his peace , and seised all the goods , movables and immovables of clergy men found in lay fees , and confiscated them . to redeem which protection many of the clergy by themselves , and many by mediators afterwards gave the king a fift part of their goods . the king finding the archbishop more rigid than the rest , seised all his lands , and commanded all his debts found in the rolls of the exchequer to be speedily levied on his goods : for the same archbishop by the assent of the clergy had procured from the pope an inhibition ; ne quis clericorum regi respiceret , de bonis ecclesiae . the clergy being thus put out of the kings protection , and thereby disabled to sue , or sit in parliament , were secluded the parliament house , the king holding the parliament with the temporal lords and commons alone , and making valid , good acts and ordinances therein in this case without the clergy , as (l) bishop jewel (m) m. crompton , (n) dr. bilson and others affirm ; which dr. standish averred he might lawfully doe before the kings council and a committee of lords and commons , in the parliament of h. . keilwayes reports , f. . b. sir edward cooke being of the self●ame opinion in his institutes , p. . citing other presidents of this kind to prove , that acts may be made without the bishops , as e. . exilium hugonis le dispenser . rich. . c. . rich. . c. . r. . n. , , . r. . n. , . h. . c. . h. . n. . peter de gaverston (o) a de● oi● lascivious person ▪ for his misdemeanours , and corrupting prince edward , with whom he was educated from his infancy ) in the year in a parliament then held by king edw. the . assensu communi procerum , fuerat exilio penpetuo condemn●tus . this king was no sooner dea● , and the crown descending to king edward the . but he presently recalled gaverston from his exile , against the will of the lords , made him earl of cornwall , and gave him the isle of man : an. . the very first year of his reign . he being more high in the kings favo●r , more glorious in his apparel , and insolent in his behaviour than any other ; thereupon , anno . regni proceres et nobiliores viden●es se contemni , & petrum de gave●on cunctis anteferri , access●runt ad regem , humiliter rogantes , ut baronum suorum vellet consiliis tractare regni negotia , quibus a pericu● sibi imminentibus non solum cautior , sed t●tior esse possit . quorum votis facie tenus rex annuit● parliamentum londini institu●t fiori , ad quod omnes qui interesse debebant ( mark it ) venire mandavit . the parliament there assembling anno . decreto parliamenti , ad baronum instantiam , petrus de● gaver●on in hyberniam , exilio relegatur . no sooner was the parliament ended , but the king caused special writs to be written and sealed in his own presence , for recalling gaverston from his exile , and restoring him to his lands ; which writs he took into his own hands for a time , and then sent them to the sheriffs , with special command to see them duly executed , under grievous penalties , in these * writs he recites , that mounsieur piers de gaverston earl of cornwal , was of late exiled out of ou● realm , against the laws and vsages of the said realm , which he was bound to keep and maintain by the oath he took at his coronation . for which cause he did out of that common right and justice which was due to all his subjects , recall and restore him , without the lords , against their wills ; as the writs in the clause rolls inform us . (p) thomas of walsingham thus relates the manner of it , and ill consequence thereof to gaverstons ruine , in these words . soluto parliamento cunctis gaudenter ad sua disced n●ibus , rex remansit tristis , cogitans & disquirens cum privato suo concilio , qualiter posset ipsum ab exilio revocare . suggestumque fuit 〈◊〉 q●od si sororei● comitis gloverniae , qui pro ●unc 〈◊〉 j●venis ●o●i 〈◊〉 , & sub tu● regis , prae●a●o pet● 〈…〉 co●uge● , posset ipsum intrepide revocare . 〈◊〉 hi●s audicis cum omni festinatione missis nuneil●●●cersivit e●m , & inter ipsum & sororem comicis fecit celebrati nuptiae , licet multum gomi●i displicerent . e●i●de petrus superbiens plus solito , regni nobiles vilipendit , subsannabat proceres , mediocresque despexir , et quia rex permiserat sibi faculta●em pene facien●i qu●e vellet , quantum ad ea quae respiciebant personam regiam , caepit sicut prius thesaurum regis colligere , & negotiatoribus ultra marini● accommo lare , non ad usus quidem regios , sed suos proprios . qui in tantum expilavit regem , ut non haberet unde solveret expensas solitas domus suae . regina vero tantum rebus necessariis arctab●tur , ut regi franciae patri suo lachrymabiliter quereretur , honore debito se privatam . barones igitur considerantes , quod eorum tollerantia petro malignandi praestabat au●atiam , domino regi denunciaverunt assensu communi , ut vel dictum petrum a sua propelleret comitiva , articulosque provisos effectui manciparet , vel ips● certe in eum tanquam perjurum insurgerent . durus videbatur hic sermo regi quia petro carere nescivit , sed plus periculi cernebat emergere , si petitionibus proce●um non ob●emperaret . petrus igitur abjurat regnum ▪ regis plus ●ermissione quam beneplacito addita a baronibus conditions , quod si de caetero posset in veniri in anglia vel aliqua terra regi subiecta , caperetur , et velut hostis public●s damnaretur . igitur sub praemura conditione da●o sibi conductu , angliae regnum i●gons desernit & franciam est ingressus . quo adito rex francorum jussit suis ut eum caperent , si quo modo possent , & diligente● cus●odirent , n● dire● in angliam , & proceres sicut prius turbaret , & filt●m . petrus de ●is praemonitus fugit in fland●iam , ibi quae●iturus requiem nec invenit . tandem cum suis consortibus a●ienigenis redivit in angliam , de amicitra confisus comitis gloverniae cujus sororem duxerat in uxorem . parum ante festum natalis domini , regis se presentavit ob●utibus , qui prae gaudio sui adventus , juramenta , pacta , promissa , negligens , tanquam coeleste munus hilariter suscepit eum , & secum detinuit cum familia sua tota . anno . post natale rumore vulgato de petri reversione , regni magnates & plebei conturbati sunt . qui necessitate ducti , elegerunt sibi thomam de lancastria in ducem et defensorem , ut periculis consulerent & malis futuris . nobiliores vero regni de communis de●reti sententia , miserunt honorabiles domino regi nuncios exorantes , ut vel dictum petrum eis traderet , vel ut ordinatum fuerat ipsum regnum evacuare juberet . rex vero sinistro ductus consilio , baronum supplicationes parvipendens , ab eboraco recessit ad novum castrum . magnates proinde sub omni celeritate ad novum castrum iter arripuere . quod cum rex audisset , quasi proscriptus aut exul , fugit cum dicto petro tynemutham , et inde scardeburgiam ubi habebatur castrum regale , ubi praecepit castellanis , ut custodiam petri susciperent & castellum victualibus instaurarent , rege se alias transferente , nec opem ferre valente , quin caperetur & reduceretur usque ad villam de dadington . ubi comes warwici , guido de bello campo fecit eum decollari tanquam legum regni subversorem & publicum proditorem ; communi iudicio . which he more amply relates in his history of england , p. . to . here we have judgement of banishment given against gaverston by the lords in parliament . several times ▪ the . whiles a commoner ; the two later whiles an earl , as an enemy to the realm and publike traytor ; and a sentence of death denounced against him , in case he returned ; which was accordingly executed on him by the common sentence of the lords ; a convincing proof of their jurisdiction in criminal causes , both over commoners and peers . his second banishment by the lords , was ratified by a bill , ( as the spencers was ) to which the commons gave their assent , ( as they did to two acts in the parliament of edward the . printed in totles magna charta , part . . f. , . ne quis occasionetur pro reditu ; as also , pro morte petri de gaverston , made by the grant and assent of the king , archbishops , bushops , abbots , priors , earls and barons , et toute la commvnaltie de nostre royalm ; ) by which bill his lands were all forfeited and give● to the king ; as appears by claus . . e. . m. . where hugh de audeley the younger , and margaret his wife , petitioned ; a nostre seigneur la roy & son counscil , prelates , counts & barons de la terre : the petition was for the earldom of cornwall after the death of peter de gaverston , to whom it was given in general tayl , margaret being his daughter and heir ; because the ▪ great charter wills , that after the death of a baron , his heir shall have his heritage and mariage ; and the statute of westminster . wills , that heirs in tayl shall not be prejudiced by the deed , fine or feofment of their ancestors ▪ and the great charter also wills , that no man shall be outed of his freehold , without the award and judgement of the law of the land. afterwards upon debate of this petition , pro eo quod recordatum fuit by the lords and commons , that it had been agreed by them , that all things given by the king to gaverston and margaret , should be revoked ; per quod in hoc parliamento modo per praefatos praelatos , comite● , barones , et totain communitatem regni cousideratum est , that the earldom and all the rest of his land● should remain in the king : that all charters of it should be repealed , all enrolments cancelled ; & quod est adjudicatum intretur ad scaccarium , et ad utrumque c●ri●m , there to be inrolled also . and there is a writ directd to the treasurer and barons and chief justices of both benches to inrol it , in this roll. this judgement being by way of bill , in pursuance of the former bill for his attainder , had the commons assent thereto , as well as the lords , though the peti●ion here was directed only to the king and lords , for restitution , not to the commons ▪ who could not be gaverstons proper judges in parliament , being a peer , but only by way of bill of attainder . in the year of king ed. . the two sir hugh spencers father and son , were articled against , impeached and condemned of high treason by the lords in parliament , and exiled by their judgement , without the prelates or commons , who only consented to the act for their banishment after the judgement given , of which at large before ; [x] to which i shall here annexe the arricles of their impeachment being very memorable . alhonnour de dieu & de sainct esglise , et de nostre seignour le roy , et au profite de luy , et de son royalm● , & a peace de quiete maintenir en son people , et pur meinteynment de lestate de la corone , luy monstrent praelates , coun●z , et barons , et les autres pieres de la terre , & common du royalme contresir hugh le despenser le fitz , et sir hugh le despenser le pier , que come le dit sire hugh le despenser le fitz au parlement deverwike fuit nosme et assentu destre en lossice du chamberlain nostre seignor le roy de servir en cel office , come afferoit : an quel parlement fuit auxi assentu , que certeins prelates et ●u res grandes du roialme demorerent pres de roy par s●isons de lan , pur meulx counseiler nostre seignor le roy , sans queux nul grosse bosoigne ne se deveroit fair : le dit sir hugh le fitz attreit a luy syr hugh son pier , que ne fuit nient assentu ne accorde en parlement , a demourer ensi pres de roy , & enter eux deux , acroachant a eux royal power sur le roy & fes ministers , & le guyment de son royalme , a dishor our du roy , emblemisement de sa corone , et destruction du royalme , des grandes et du people , et sesoient les maluesiees des●us escriptes en compassant de●●oigner le coer nostre seignour le roy des piers de la terre pur avoir eux soule governance de la terre . en primes que sir hugh le dispenser le fitz feusi coruce vers le roy , et sur ceo coruce fist un bille , sur la quel bille , il voillet auoir en aliance de sir john gyffarde de brymmesfeld , sir richard de greye , et dautre davoir mesne le roy par aspertee de faire sa volunte ; issent que en luy ne temist mye , que il ne ●e eu●t fair , ●a tenure de la bille sensuit sous escript . homage & serement de ligeance est pluis par reson de la corone , que per reason de person le roy , & pluis se lie a la corone que a la person , & ceo piere que avant que ●estate de la corone soit descendu , nul ligeance est a la person regardant . dont si le roy par case ne se meisne par reasone en droit de la corone , les leiges sont lies per s●rement fait a la corone de remeuer le roy , et le state de la corone par reason : & au●rement ne serroit le serement tenus . ore fait a demander coment lem doit amesner le roy , ou par suite de ley , ou par aspertee ? par suite de ley ne luy poet home pas redresser : ●ar il navera pas juge , si ceo ne soit depart le roy . en quel case si la volunte le roy ne soit accordant a reason , si naveroit il forsque errour maintenue & confirme . dont il covient pur le serement lauuer , et quant le roy ne voet chose redresser & oustre que est pur le common people malueis et damageous pur la corone , a judger est que la chose soit ousle par aspertee , que il est lie par ●on serement de governer son people & ses lieges , & ses liege , ●ont lies de govern en eide de luy , & en defaut de luy . et auxint , par lour covin & malveistz mesneront & male conseileront nostre seignour le roy , si que a sa presence , quel il doit de son devoir monstrer a les grandz , et a son people , & a les graces & droit que eux luy requeront responder ne luy fil● point forsque a la volunte & a la taille les ditz sir hugh , & sir hugh , en oustance le roy d● son devoir contre son serement , et les ●ueurs des grandes et du people de son seignour liege . auxint , mesnes ceux par lour male conueigne ne suffrerent pas les grands du realme , ne les bons counsellors le roy parler ne approcher le roy pur luy bien counseyler , ne le roy parler a eux , et a lour volunte , et solone lo● taille , et chose que ils voillent in rebotaun●es les grandes et les bons counseilors le roy de lour bone volunte ●uers lour seignour liege , et acroachaunt a eux royal power ▪ maistree , & soveraigntie sur la persone le roy , a grand dishonour et peril du roy , & de la corone , & de son royalm . auxint mesmes ceux pur attainder a lour malvesiees , & covesties , et disheritance des grandz de la terre , et destruction du people , ousleront bones et cove●ables ministers que ●urent mis par assent , et ministrent au res faux & malueys de lour covine , que ne suffrent droit estre fait , et viscountz , escheitour , conestables des chastelx , et autres en les offices du roy , nient covenables pur le roy , ne pour le people , & fesont mettre justices , nient conusant en ley de la terre , doier et terminer les choses tounchant les grandes et le people du royalme , si come le dit sir hugh le pere , sir raufe de basset , sir rafe camoys , and sir john juge , et autres lour alies et jures especialment : & par covine de tielz ministres , & lour faux procurours & fautours sauxement fesoient enditer par faux jurrours de lour alliaunce les peres de la terre , cest a scauoir le count de hereford , mon sir gyffard de brumfelde , et mon sir robert de mouchant , et autres bons gentz , pur couetise davoir lour terres , & issint eeo que denst estre a la maintenance de la peax , & des bons , & punishment des malueis , mesneront a disheritance des grandes et destruction del people . auxint , fauxement & malueisement counseileront nostre seignor le roy daler oue chiualx & et as armes vers les parties de gloucester , et luy sierent chiuaucher et les gent armes en cels parties a cour sur les bons gentz contre la forme de la grande chartre , et lesgard des piers de la terre : & issent par lour faux et malueis counsell , voloient avoir mou guerre en la terre , a destruction de saint esglise et de people pur lour querel propre . auxint , lou le count de herford , et le seignor de wygmore par commandement de roy assign dalier de guerre sur thlewelyn bten , que feust leue encounter le roy en glamorgan , an t come les terres furent en mayn de roy par la morte le count de gloue , le dit thlewelyn se rendist a les ditz seignours a la volunte le roy en sa grace , et ses seignours luy par mittrent bone grace , et sur tiel condicion le recovererent , et luy liverent a nostre seignour le roy . et nostre seignour le roy en tiel fourme luy receust , et puis come les ditz seignours feurent ho●s de la terre , les ditz syr hugh le fitz , e● sir hugh le piere , que avoient ●croche royal po●ar , sicome de suis est , pristent le dit thlewelyn , et luy mesnerent a cardiff , puis que syr hugh le fitz feust seisies illonques de sa pur partie , et par lour coveigne en parnant jurisdiction lou nul est en cel case ne poient par reason avoir , et luy firent illonques : treiner et pender , decoller , et quartroner felonousement pur chose fair entemps le roy henry . et ensi purparnant roial poyar et jurisdiction , que appendant a la corone en disheritance de la corone , et a deshonour nostre seignor le roy , et des dites seigneure de hertford et de mortimer , et en malveis exemple et graunde perill , par case en temps a venir . et auxint male counseilant nostre seigneur le roy de prender en sa mayn les terres et les chateux sir hugh dundle le fitz : et le foriugerent de ses terres sans du proces solonques la lee de la terre , pur covetise davoir acroche au dit sir hugh le dispenser le fits certeins terres . et par autre faux compassements compassa davoir les terres mon sir roger dammorie pour avoir atteynt par tielx et faux compa●sementz al entire del counte de gloucestre , en disheritance des piers de la terre . auxint la ou nostre seigneur le roy , par ses letters patentz desous son grande seale en plain parlement a west● grant a counte de warwike , que si mort luy avenust , que les executours puissent avoir ses tertes , tanque al age son heir : la quel grant puis la mort du dit count le roy confirma a son parlement a nicolne , al request et par assent de piers de la terre , le dit sir hugh le despenser le pier , par meintenance , abbette , et procurement le dit sir hugh son fitz , fist nostre feigneur le roy repeller ce le fait sans encheson , et baille au dit sir hugh le pier . pur son propte profit , la garde de mesmes celes terres , et issint d fesantz par lour malveis counseil ceo que le roy lour avoit graunt en ses parlementes par son bon counseile , et par assent des piers de la terre , a deshonour du roy , et encountre droit et raison . auxint , mesmes ceux nount pas suffertz nostre seigneur le roy prender resonable fines des piers de la terre , et autres que sont entre son fee , come ad este use eins ces ●eurs : mes pur covetise dattendre a tielx terres , par poiar roial a eux accroche , ount sait metter en teiels bosoigne non dues empechementes , surmettantes la terre estre forfair , come de mounsire john de mombray pur les terres de gower , et des autres , a damage et dishonour nostre seignour le roy , et countre la loy de la terre , en desheritance des grandes et des auters du royalm , ensi feisant le roy veer en parlement contre son serement . auxint , pur lour malveis covetise , et par poiar roial a eux acroche , ne susterent nostre seignor le roy doier , ne droit fair ' as grandes de la terre , sur la demonstrance que ilz fesoient a luy , pur luy et pur eux de la disheritance de la corone et de eux , touchant les terres que furent as templers . et issint par yoiar roial a eux accroche ont ils mesne nostre seignour le roy , son counseil et ses prelatz , que des choses touchant eux ou lour alies , ount emprise et embrace par eux que droit ne poet estre fait forsquea lour volunte , et a dammage et a dishonour de nostre dit seigneur , et peryl de son serement , et dishinheritaunce , et destruction de plusours autres grandes du people de son royalme . et auxint de eslues as evesque abbes , et priours , que devoient de droit estre resceux de nostre seignour le roy , lou ils sont en due maner estues , ne poient approcher a nostre seignour le roy , ne one luy parler de querer sa grace , tanque ils avoient fait sine et fret sir hugh le fitz a sa volunte . ne nul que eust grant aquere de nostre seignour le roy , ne poet a nul grant atteinder avantque ilz avoient faitfine a luy . estre ceo lou john de lacchelegh et autres fuerent agardes a la prisone pur un trespas que ils avoient fait a la dame de merk , a damag ' . de la dist dame de m. centz marcz , dont ils furent atteintz devant mon sir robert de middyngle er ses compaignons justices assignes a oier et terminer cel temps , cel trespas , et le dit john feust en la prison de colcestre par la gard suisdit , sir hugh le fitz accrochantz a luy roial poiar amesna le di● iohn ▪ hors de la prison , contre leye de la te●re , eius que il avoir fait gree a la dit dame des damages avantditz , et luy fist vender sa terre a luy , et ●ever sur ceo un fine . claus : e. . m. . there is this memorable case recorded . the king being at bishops . thorpe near york ; held a council with his lords ( divers of which are there named ) concerning the truce with scotland : inter qu●s nobiles , hen. de bellamont baro , & de magno et secreto concillo ipsi domino regi juratus , vocatus fuit , & ibidem venit . being there pre●ed by the king to give his advice herein , quodam motu excessius , & animo quasi irreverents dicto domino regi saepe respondit : quod sibi consulere noluit in hac parte . whereupon the king commanded him thence : upon which he went out of the council , and said : he had rather be absent , than there . upon which contemptuous carriage and words consideration being had by the lords and council , & by all the iudges & barons of the exchequer , being there amongst others ( to wit , as assistants ) in regard he was sworn , and had taken the oath of a privy counsellor to the king , being called in again , committitur scalae prisonae pro contemptu & inobedientia praedictis . after which he was let to mainprise ; and a truce being there concluded with the scots ; thereupon the writs ad arma , &c. were revoked , that were formerly i●sued to the tenants by escuage and knights service . in the (h) parliament held at winchester , ann. e. . edmund earl of kent the kings uncle , by the instigation and power of roger mortimer earl of march , was arrested , impeached , condemned and execut●d , for conspiring and attempting to rescue his brother king edward the . and saying he was alive , after the time he was murdered ; which treason , was said to be manifestly proved by letters found about him , and by his own voluntary confession before the coroner ( recorded in walsingham , and the clause roll of e. . ) which letters and confession were openly read in parliament ; pur que oue le assent des countz , barons et autres grantz et nobles ●n mesme le parliament , par agard dicelle , estoiet le dit count come nostre trayture et traiture de royalm adjudge a la mort : as the king himself recites in his writs and letters to all sherifs . claus . e. . m. . dorso ; demorte edmundi nuper comitis cantii publicanda ; commanding them to publish this as the cause and manner of his death , and to arrest all those that said , king edward the . was alive , or that the said earl of kent was otherwise put to death . so that by this record , being a peer ; he was adjudged to death only by the earls , barons , great men and nobles in parliament , without the commons , not named in this record . and therefore (g) the kings letter to the pope in e. . relating the proceedings and judgement against the earl in these words , if truly recited , comitibus magnatibus , baronibus , & aliis de communitate dicti regni ad parliamentum illud congregatis , injunximus , ut super hiis discernerent et judicarent quid rationi & justitiae conveni et , habentes prae oculis solum deum ; qui eum concordi et unanimi sententia tanquam reum criminis laesae majestatis , adjudicarent ejus sententiae &c. objected by sir robert cotton , to prove the commons to have a share and voice in judicatures in parliament , and that not in the case of a commoner but this great peer ; must needs be understood of an attainder by bill , to confirm the judgement formerly given against him by the earls , barons , and lords alone in this parliament , as in the case of the two spencers , not long before ; not of his original sentence , given only by the lords , barons , and other great men and nobles , as the clause roll and all writs to the sheriffs record . which the parliament roll in e. . n. , . doth likewise intimate , where earl edmonds eldest son , and margaret countesse of this earl of kent , by their petitions prayed , that the record ( or bill ) against the said earl might be reversed for errors therein appearing , and he to be restored to blood and lands of his father , and she to her dower , which was granted and ordered by parliament , saying to the king the wardship of the same during his minority ; and thereupon it was further enacted , that no peer of the land , nor other persons should be impeached for the death of the earl of kent , but only the said mortimer and more ( then impeached and condemned of high treason for his murder as well of the deposed kings ) and that his countess should have her dower , as claus . e. . part . . m. . assures us . in the parliament of e. . rot . parl. n. . (k) edward the eldest son of edward earl of arundel , condemned and beheaded without any legal trial by his peers , by roger mo●timers power and procurement , anno e. . petitioned that he might be restored to his fathers blood , lands , and goods considering the said earl was unduly put to death , (i) being not tried by his peers , according to the law & the grand charter , but for that the said attainder was afterwards confirmed by parliament , he amended his petition , and prayed in such wise to be restored of the kings meer grace ; whereupon he was restored to all his fathers lands , and to arundel castle , saving to the king all such lands as were given to this earl by king ed. . whereupon he did homage to the king in parliament , and had livery of the king of all his lands , per assensum of the lords ; as i● recorded in rot . fin. an. e. . m. . claus . e. . in dorso , and claus . e. . part . . m. , . in this parliament of e. . n. . (m) the lords claim to be judges of their peers in that & future parliaments , in cases of treason , &c. and n. . roger mortimer ear of march , who had formerly condemned and beheaded other peers , without any legal trial by their peers , and deposed , murdered king edward the . was by divine retaliation arrested at the parliament held at nottingham by the kings command , then sent prisoner to the tower , impeached , attainted , condemned and executed himself as a traytor , without any hearing , or personal defence , by the lords and peers as judges of parliament by the kings assent : the articles of his treasons , felonies , and other misdemeanors entre in that parliament roll scarce legible now were read before the lords against him and other of his companions . the articles against him are thus related by * walsingham . causae quae imponebantur eidem , proue accepimus , istae fuere , writes walsingham , prima causa , quod fuit consentiers mor● regis edwardi in castro de berkley . secundo impositum ei fuit , quod ipse impedivit honorem regis et regni apud stannyparke , ubi scoti fugerunt , qui capi & intersici potuerunt . tertio , quod ipse accepit millia mercarum a scotis , & illas tunc permisit evadere , & turpem pacem postmodum inter scotos , et regem ju venem sieri procuravit ; et super hoc chartam regis sieri fecit eisdem . et etiam illud vile matrimonium contractum inter sororem regis et david filium roberti de brus , consummari consuluit & procuravit . quarto , quod male consumpsit totam pecuniam in the sarris patris hujus regis , et domini hugonis de spencer inventum , et omnia bona regni , postquam angliam regina intravit , suae dispositioni subjecit , ita quod ipse & regina abundabant , & dominus rex egebat . quinto , quod appropriavit sibi custodias , et maritagia nobiliora per totam angliam . et quod fuit malus consiliarius regis & reginae matris , et nimis secretus cum ea , ut d● aliis taceamus . these with other articles mentioned in the parliament roll being read ; thereupon , les ditz countz , barons , et piers , come jugges du parliament ( as the parliament roll it self recites ) per assent du roy in mesme le parliament agarderent et ajugerent , que le dit roger come traytour et enemy du roy , et du royalme , fuist tr●yne et pendis . upon which sentence , without being called to answer , the earl , marshal , by the kings and lords command , assisted with the mayor and sherifs of london , and the constable of the tower , executed him the thursday next after the first day of the parliament . ubi mortis excepit sententiam trastus & suspensus apud elmes , super communi furca latronum , as walsingham relates . the articles of this regicides impeachment being very memorable , and somewhat larger than those in walsingham , scarce legible in the parliament roll of e. . i shall here present you with , together with the manner of his apprehension and judgement , out of * henry de knyghton . king edward perceiving the great malice and cruelty of queen isabel his mother and mortymer , that they occasioned many seditions , favoured the scots to the great dishonour of the king and kingdom , destroyed the king her husband : et quanta mala eorum consilio & auxilio exercebantur in regno , qu ●ntaque mala opera eorum somento vel●bantur , by the secret advice of his friends , resolved to separate them from one another , to prevent greater mischiefs . nam in tantum invalescebant in terra , quod totum regnum in periclitando labi videbatur . deinde rex tenuit concililm suum apud notyngham in quindena michaelis cum pene omnibus magnatibus regni . in quo rex saniori consilio de eorum fraude et malitia salu●r●us edoctus , vidensque periculum tam praeteritum quam in posterum ●am in praesenti per dictos isabellam et le mortymer evidenter imminens , graviter in corde condolens suscepit ; sicque die veneris in crastino sancti lucae rex cum electa comitiva in obscuro noctis , perr●xit per quendam viam subterraneam de villa notynghamiae usque in castellum , et venit ad cameram matris suae isabel●ae , et invenit ibi prope eam in alia camera rogerum de mortymer , et episcopum lincolniensem henricum . et statim rex jussit rogerum apprehendi , et in securam custodiam usque in crastinum poni . in crastino fecit apprehendere omnes suos adhaerentes per● tam villam dispersos et statim misit omnes londonias , videlicet le mortymer , et duos filios ejus , scilicet galfridum & edmundum milises , et dominum oliverum de byngam , dominum simonem de berforde . et in captione rogeri mortymere occisus est dominus hugo de tryplyngton miles , et senescallus familiae regis per dictum rogerum mortymer in ingressu regis in camera eorum . isabella mater regis ad udicata est perdere omnes terras suas , et cum difficultate evas●t dampnationem ad mortem , eo quod er at mater regis , et ob reverentiam regis dilata est sententia . et ordinatum est singulis annis caperet de cista domini regis ad sustentationem suam tria millia mercarum , et mane●et in uno certo loco ubi rex pro ea disponere vellet . magnates regui imposuerunt contra rogerum mortymer articulos sequentes . * primerment , que parla on ordenee fuist al parliment de londrez proscheyne apres la coronnement nostre seignour le roy , que quatres eveskes , quatre contes , et vj. barones dustent estre pres du roy pour la conseyller , issint que tote foitz quatre y fuissent ; cest assavoir une eveske , une conte , et dieux barons , a meynez , & que nule grosse bosoigne soit faite sanz lour assent , & que chescu●e respondist dez ces fetz pur son temps : la dit roger nyent eyant regarde al dit assent , accrocha a luy real pouare & le governement del realme sur lestate le roye , ousta et sist oustre et mettre ministres en loustele le roy et aillours par my la realme a sa volunte de ceux que surent de son acorde . et myst john wyarde & altres entour le roy despyer cez faitz et c●z ditz , issint que le roy fuist en tiele manere envyrone de cez enmys qil poet riene faire de sa volunte , mes auxi come une homme de south altre garde . ensy , par la ou le piere nostre seigniour le roy feust a kenilworthe par ordinancez dezpieres de la terre a demorer illoeques a ces estres , pur estre servi come afferoit un tiele seigniour , le dit roger par real pouare a luy accroche ne lessa tant qil leust devers luy a sa volunte . et ordyna qil fuist mande au chastiel de berkeleye , ou par luy et par les sones f●ist fausement , traytouresment et selonesment mordre et tue . ensy , le dit roger fist defendre par briefe le roy souz le grante seale , que nule venist al parliment de salisbury a force et armes , sor quant qil poet forfere devers le roy . et la vynt le dit roger et autres de sa covygne a force et armes al dit parliment contre la dite defense . par quoy plusours de la terre , come le conte de lancastre et autres sachans la manere de sa venue , nevyndrent poynt . et come par la ou lez prelatz estoyent assemblez al dit parliment en une meason pur counseiller sour lez bosoignez le roy , et de realme , le dit roger debrusa les eos de la measone ove gentz dez armez sour lez ditez prelatez , et lez manassa de vye er de membre sil● fuissent si hardys a dire oue faire riene encontre sa volunte et ordinancez . et en mesme le parliment fist tant , que le roy luy fist conte de la marche , et luy dona plusours terres et tenementz en disheritance de sa coronne . e puis mena le dit roger e ceux de sa covygne nostre seigniour le roy armez sur le contede lancastre et autres piers de la terre tanque a wincestre , la one yls estoient venancez devers le roy , au dit parlement de salesbury . parquay le dit conte et lez autres pieres de la terre pur eschewere le peryl que poet avenir , a la reverence du roy , departirent et aillerent envers lour pays , dolons qils ne poyent ove lour seigniour lige parlere ne conseiller come ils deveront . ensy , le dit roger fist le roy chivacer forciblement sur le conte de lancastre et autres piers de realme que estoient ordeignes davoyr estre pres du roy pur luy conseiller . et en tant les enchasa par force , que le dit conte et autres grantez del realme que voil rent profiteau roy , se mistre●t a la grace le roy , sauve a eux vie et membre , et qils ne fuissent disherites ne al trop grant ranson ; mes ils furent mys au trop grante ranson que lours terres vendront a tous joure . et les autres fit enchacer hors de la terre a seiser lours terres , contra la fourme de la grante charte et leye de terre . ensy , par la oue le dit roger sa●oit biene que le piere nostre seigniour le roy est oit morte e enterre , il par altiez de sa covygne en desceyvance maner , fist entendre al edmund conte de kent , qil fuist en vye : par quey le dit conte fuist moult desirous de savoire la verire . et fist espier par to●ez lez bonez voiez qil savoit , tanke le dit roger , par real powere a luy accroche , fist prendre al parliment de wincestr● le dit cont le kent , procuta qil fuist iilocques mys a la mort . ensy le dit roger fist le roy doner a luy sez enfantz e a sez alies chastieles , viles , maners , et francheses en engleterre , irland , et gales en decre●e de la coronne . ensy le dit roger en disceivaunce manere fist les chivalers dez contez gratier au dit * parl : al roy de chescune vile dengliterre que respont par quatre , et le provost en eyre vne homme de armes a lour costages en sa guerre de gascoyne par une an ; la quele charge le dit roger avoit compasse a tourner ceo avoyr en autre profite pur luy et autres de sa covygne , en destruccion de people . ensy , le dit roger par real ponare a luy accroche fist maundre lettres suth la grante chartre au plusours grantz chivalers et altres , qe ils venesont al roy queu part qil fust , et a lour venue le fist chargere qils se addre●ent daler en gascoyne , ou qils feissent fyn oue ranson a sa volunte ; dez quenz ascunez fyrent fyn grievous , et tout le pluis est venuz au profite le dit roger. ensy , le dit roger fausement et maliciousment fist le discorde entre le piere nostre seigniour le roy et la reyne sa compaigne , et sa fist entendre , que si ele out venuz a luy , qil la out tue de cotele , ou altre arme , ou autre manere de mordre , et par tiele cause , et autres sotilletes si fist il tant que la reyne ne vint pas devers son seigniour , al grant dishonour du roy et de tote realme , et damage par cas en temps avenir , qe de dieu deffende . ensy , le dit roger sy ad pris er faite prendre devers luy et les autres de sa companie de tresore le roye a sa volunte sans noumbre en deners et jeueux , en destruccion du roy ; issint qe le roy nad rien de paiere pur son viure . ensy , le dit roger si ad fait prendte devers luy et devers sez alliez lez xx mille marz quex sont venus hors dez scozce pur la fourme de la pees , et rien est venue al profite du roy . ensy le dit roger cez prises par my le realm auxi come roy et seigniour de tutte , et entre luy et lez autres de la covigne merent al double del gentz et chivalez en la company le roy qe le roy ne fist , en destruccion del people , sans faire payment altre qe a lour volunte . ensy , le dit roger par son real pouare fist le roy , granter a la montance del cc. chivalers a ceoux dirland que avount ruez lez grantes et autres de la terre que furent de la foy le roy en cellez pa● . p●r la ou le roy devoit pluis ost par reson avoyre vengee loure mort de pardonee contre fourme de parlement . ensy le dit roger compassa devoyre destrut lez noryes le roy et lez secrettez le roy de queuz il se pluis a●ya . et susmyt al roy en presence la reyne sa miere et dez eveskes de nichole et de salusberye et autres de counsaile le roy qe lez avanditez secretez le roye luy exciterent destre la covygne dez enmys par de lay , en destruccion de sa miere et del avant dite roger ; la quela chose il affirma tant sour le roy que le parole le roye ne poet creu . et cele vendurdi deinz la nute qils estoient prisez , a la myt nyt suant , donke pur lez caulez susescriptes et molt dez autrez choses que ne sont pas ore a dyre touz , si fist le dit roy prendre en la manere par eide et avisement dez priveez et nuriicz come il vous ad souent monstres . tunc propter causas subscriptas et multas alias quae jam non sunt recitandae ad praesens , rex praecepit comitibus , baronibus , et caeteris magnatibus regui , justum judicium ferre super praedicto rogero mortymere . qui omnes adinvicem consulentes venerunt , dicentes , quod omnes et singuli articuli superius de dicto rogero attestati veri sunt et notorii , et omni populo terrae cogniti , et praecipuè articulus tangens mortem regis apud berkeleye ; unde respiciatum est et adjudicatum , quod praedictus rogerus , ut proditor et inimicus regis et regni , distrastus sit et suspensus tertio kalend . septembris apud londonias . cujus corpus duobus diebus et duabus noctibus nudum pendebat super furcas . by these articles it is evident , . that it was adjudged high treason in him to murther king edward the . after his resignation of , and deposition from the crown , by his own and a parliaments consent ; how much more then to destroy , murther him , when an actual lawfull king , when never deposed , without and against his parliaments consents , and contrary to their resolutions , protestations , covenants , oaths ? ly . that to come with armed forces to any parliament , to over-awe , force , menace , terrifie thereby , and drive away any of the members thereof from it and compel the rest to comply with , or not to oppose what this armed party propounds ( or to put any nobleman to death ) is a high and treasonable offence ; that lords and other members may justly depart from parliament without doing any thing , when there is any such force upon them : let lilburn and others guilty of such treasons sadly consider them , and take timely warning by this president . in the (n) parliament of e. . n. . to . roger mortimer of wigorn , cosin and heir to this executed roger , required by his petition , that the act of his attainder in the parliament of e. . n. . might be examined , and for manifest errors therein reversed ; whereupon the record was brought into parliament , and all the articles , proceedings and circumstances of his judgement at large recited . which being read , it was alleged , that the judgment was defective & erronious in all points ( not for the substance of his charge ) for that the said earl was put to death and disinherited , ( by the lords , as judges o● parliament , by the kings command ) sans nulle accusement , et sans estre mesne au juggement , au en respons , without any accusation , and without being brought to judgement , or to answer : for which causes it was prayed , that the said statute and judgement might be reversed and annulled . for which causes , nostre seignour le roy , et les dits prelates , prince , duks , countz et barons , per accord des chivalers des counts , et des ditz comunes , re●ellent et anientissent , et pur erroigne et irr●t ajudgent les records et iuggements suis dits . this judgement ( whose reversal is also recited in claus . e. . m. . & e. . rot . parl. n. . ) though given in parliament , being erronious and void in law , because given without any lawful accusation , trial , answer and arraignment of the party , against the great charter and law of the laud ; which ought to be observed , not violated by the lords or parliament it self in their judicial proceedings . in this parliament of e. . ● . . richard earl of arundel by petition shewed ; that in the parliament of e. . touching the attaind● of edmund earl o● arundel his father , a statute was made without forfeiture , albeit he was put to death , and prayed , that he may now be taken as heir of his father , and that act reversed as erronious ▪ which being read , and duly considered , 〈◊〉 su●ce● oue bon deliberation et auys a graunt 〈◊〉 nostre seigniour le roy , prelates , prince , duk● , 〈◊〉 barons 〈…〉 , il apiert clerement que le dit edmund fuist non 〈…〉 a la mert , et que parols recites eu le dit statute touchant la mort et destruction de dit edmund sont voydes , erroignes et nulles . pur quoi nostre seignior le roy et les ditz prelates , prince , dukes , countz e● barons , per accord des chivalars des counte● et des dites commune , ajuggent et agardent , que la recitation et quelque est en le dit statute touchant la mort et destruction du dit edmund , sont voides , erroignes et nulles , &c. et soint anientez et pur nul toutz a toutz jours . the said edmund being put to death without due proces or trial by his peers , according to the law of the land and the great charter ; therfore the act confirming this erronious attainder , was thus reversed , repealed , and nulled . in these two last records it is observable : first , that the king and lords debated , adjudged these judgements and attainders to be erronious ; but because they were confirmed by act of parliament , the assent of the knights of shires and commons was required and had to their reversal , as well as to the nulling and repealing of other publike acts. in the parliament of (a) e. . rot . parl. n. . to . william l●d latymer was accused by the commons , for divers oppressions by him done to the kings people , both during his command in britain , and also in the time that he was chamberlain to the king , and of his council in levying divers sums of money for victuate and ransoms amounting to many thousand pounds , for which he never accounted ; for the loss of sundry fo●s and towns in normandy and brittain to the enemy , of which he had the command , and partaking with richard lions in those illegal impositions , and misdemeanours , whereof he was then impeached by them . whereunto the lord latymer , saving the tryal of his peers , offered to answer any particular person● that would complain against him ; but that the commons would not do , but prayed he might answer their charge in general : whereupon he answered every of the charges against him , and that very fully in open parliament before the lords . yet notwithstanding the bishops and lords gave iudgement against him in full parliament ; that for his ill counsel and government , against the profit of the king and realm , and namely for divers chevisances to the kings loss , for procuring grants to the destruction of the staple and town of calice , and for divers impositions laid upon wools , he should be committed to prison , under the custody of the marshal , and make fine and ransom at the kings pleasure . whereupon the commons further required ; that he might lose all his offices , and be no longer of the kings council : which the king granted . after which this lord found certain lords and others of quality ( whose names are mentioned in a schedule annexed to the parliament roll ) to be his mainpernors , for the forth-comming of his body during the parliament ; upon which the marshal offered him to be at large . in the same (b) parliament , e. . rot . parl. n. . john lord nevil was accused , that during the time he was of the kings privy council he bought certain debts due by the king to the lady ravensham and simon love , a merchant , at under values ; and for receiving of the king more wages and for a longer time than was due for one hundred souldiers in britain . upon which he confessed he received l. of the lady for the obtaining of her debt only , our of her meer good will , which was not disproved . the charge touching love , he wholly denied . love thereupon being brought into the parliament before the lords ; wholly excuseth the lord nevil : but because love the day before had confessed the contrary unto two of the knights of the parliament ; he was committed to prison by the lords . to the receiving of wages , he fully cleared himself : notwithstanding the lords gave judgement of imprisonment , and of l●s● of lands , goods and offices against him ▪ and that he should make restitu● of the l. to the ladies executors . these judgement● 〈◊〉 the commons importunity were so unjust ; that in the very next (c) parliament of e. . rot . parl. n. . upon the prayer of certain bishops , lords , and the commons themselves , the lord latymer by the kings grant and royal assent , and the authority of the lords was restored to his offices and privy counsellorship , whereof he was deprived by them this parliament , upon untrue suggestions . such partiality and injustice is there many times even in parliaments themselves , out of malice , faction or affection . in the (d) parliament of r. . holden at westminster the monday next before the feast of all saints , rot . parl. n. . . to . ralph nevil the martial bishop of norwich was accused in parliament , for not serving the king in his wars in flanders for so long a time , and with so many men , and with a sufficient general , as he promised , whereby the voyage was lost , to the kings dishonour and damage , and for selling the castle of gravelin to the french for money : which the chancellor in open parliament declared against him : the bishop answered thereunto in person , albeit in this case he said , he might have counsel : with this protestation , that he might at all times , avoyd or amend his answer . to which answer of his the chancellor replied : in conclusion upon debate , the king and lords resolved his answer to be no sufficient excuse of what was charged against him : whereupon the chancellor by assent of the lords , concluded , that although the king might pass on the bishop as a temporal lord , by reason he took upon him to serve him as a souldier , and had the sword carried before him , contrary to his profession ; yet for that time ( in regard he was a bishop ) the king would spare to lay hands on , or imprison his person , as he might doe . and therefore they adjudged him , to make fine and ransom to the king , at his pleasure , whereunto he should be compelled by the seisure of his temporalties : and it was commanded that from thence the sword should no more be carried before him . in the same (d) parliament held this year , about the feast of st. martin in quo ( prout jam a multis consuevit temporibus ) nihil dignum memoria fuit actum , praeter illud quod sedulo actitabatur ( as now in our age ) extortio , videlicet pecuniae de clero et communi plebe ad sustentationem militibus werrae regalis . nondum parliamentum finitum fuerat , cum nova de partibus borealibus sunt allata de captione castelli de berwico per scotos , cujus custodiam comes northumbriae , domibus henricus percey avito jure possedit . scoti namque mediante pecunia , de quodam qui secundarie castri custodiam tunc habebat , introitus castelli dolosenacti sunt . factum est ergo duce procurante johanne ( ut dicitur ) ut pro perditione dicti castelli regalis come● iudicium qui aderani optimatum et regis sententiam da●ationis exciperet in eum publice promulgatam . cujus executionis vindicta per regem postea cito relax●ta fuit , quamvis id duci ( ut dicitur ) displiceret . acta sunt haec , die decembris in eodem parliamento , non obstante quod idem comes ad dictum parliamentum vocat●s fuerat per breve regium , et ad custodiam suae patriae morari maluisset . haec ideir●o causa inter ipsum ducem er comitem postea irae et odii ●omitem ministravit . at the parliament held at (f) salisbury , an irish frier carmelite delivered a schedule to the king , conteining divers treacherous plots and treasons against him by the duke of lancaster , that he had resolved sodainly to kill , oppress the king , and seise upon the kingdom ; setting down the time , place , and all other circumstances ; taking his oath upon the sacrament of christs body that every word contained in that schedule was true : advising the king not to believe the dukes excuses , nor to deferr his judgement , lest he should raise forces against him to effect his design , or be deceitfully reconciled to him . the king hereupon being young , non dominos , non pares regni super tantis negotiis , ut disecr●erant qui● 〈…〉 co●sulait , but two c●eras of his chappel his accustomed counsellors : whiles the king and they were privately debating the business , the duke came in unto them ; whom the king beholding with a stern countenance , and not receiving him with that honour as formerly ; he suspecting the king conceived something in his mind against him , withdrew himself : but by the chaplains advice he was called in again , and the schedule delivered him to read . which having read , he said with a great sign to the king. heu domine mi , cur fidem datis talibus dela toribus ? cur de mea persona talia opinamini ? nonne sum a●unculus vester ? nonne tutor extiti ? nonne post vos principalis i● regno ? quid mihi suaderet vos prodere , vel certe necare qui nihil lucri reciperem de vestra morte ? nunquid hostes ●estri me ditiorem facerent in terra sua , quam effectus sum in terra vestra , et in natali solo ? aut si regnum affectarem credendu ●ne est post vestram inte●fectinnem ( quod absit ) dominos hujus regni aqu●nimiter ferre me posse domini mei et patriae pro●●torem ? deli●ere ( si placet ) fidem ●ar●●alia ●leren●bus , quia paratus sum , more militis , contra quemcunque mundi mihi in hac causa adversantem pugnare , et meam innocentiam defendere et purgare . upon which and other words , the king believed the duke and received his excuses : and committed the frier at his request to the custodie of the lord john holland , usque ad diem quo causam diceret horum quae praeposuerat contra eum . in ipsa nocte quae processit diem suae responsioni● , the frier was strangled and pressed to death by the said john and another knight , and the next day his dead corps was drawn through the street like a traytor , to take away the suspition of his unjust death . ipsi judices , ipsi ministri , ipsi tortores extiterunt . et hic fructus parliamenti praesentis , praeter hoc , quod dominus willielmus la zouche , quamvis gravissima detineretur aegritudine , accersitus erat ad parliamentum , ad standium judicio regis et dominorum , quia idem ●rater eum , velut inventorem , inceptorem , et incentorem dixerat omnium quae scripserat extitisse : qui cum venisset lectica delatus , quia propter guttam equitare non poterat , compulsus est discinctus , et discooperto capite ad haec omnia sibi objecta , more latronum vel proditorum respondere . qui viriliter negavit objecta , sacramento firmans , haec nunquam audisse , vel hujusmodi cogitasse , et ita demum absolutus est , et domum redire permissus . in this * parliament holden at salisbury r. . rot . parl. n. . to . john cavendish a fishmonger of london , made his complaint first to the commons , and after to the lords , against sir michael de la poole chancellor of england , demanding the peace against him ; which the lords granted : after which he accused him for taking bribes , and delayes and injustice in a sute of his depending before him : whereof he cleared himself by his own oath , and the oaths of other witnesses sworn and examined before the lords : whereupon the lords being troubled with other weighty matters , referred the chancellors reparation for the scandal to the ordering of the judges . (g) the same sir michael de la pole earl of suffolk , and chancellor of england , in the parliament of r. . rot . parliamenti , n. . to . was accused in full parliament before the king bishops & lords by the commons who exhibited sundry articles against him ; recorded at large by (i) henry de knyghton ( agreeing with the parliament roll. ) the effect of them was this ; that whiles he was chancellor , against his oath , to procure the profit of the king ; he had purchased lands and tenements of the king of great value at under rates , and exchanged uncertain● customs and rents for good lands , in deceipt of the king ; and for spending the aids granted to the king the last parliament , to guard the seas , in another manner than they were granted ; whereby the seas were not guarded , and much mischief hapned to the realm , &c. the lords & commons refused to act any thing till the king came in person to parliament , and the chancellor removed upon these articles . the chancellor demanded of the lords . whether he should answer these articles without the kings presence , for things done whiles he was chancellor , for that he being chancellor of england for the time represented the kings person ( in parliament ) during his absence thence ; secondly , whether his brother in law sir richard scroope might not answer for him , whom he had by advice of his counsel , appointed to do it ? to which the lords answered and resolved , it was honest and fit for him to answer for himself : whereupon he making protestation , that he might adde to , or diminish from his answer , and that which might be honourable to him by advice of his counsel ; the lords granting thereunto : he thereupon put in an answer and replication to all the articles ; to which his counsel added some things in making his defence : the commons replyed to his answer , to w ch he by way of rejoynd●r replied and answered to them , his defence s●eming very solid : yet the commons upon his replication before judgement , pressed the king then being in parliament , and she lords , that he might be committed for the grievous offences charged against him . whereupon he was arrested by the kings command , and committed to the custody of the constable of england , and after let to mainprise . ar last the lords in full parliament gave judgement against him ; that for breach of his oath , all the manors and lands which he had of the kings gift , contained in the articles should be seised into the kings hands , to have them to him and his heirs for ever , together with their mean profits and issues , saving to him the name and title of a knight and earl , together with an annuity of l. yearly , granted him out of the profits of the county of suffolk . the like judgement was given against him for the lands exchanged by the king for the customs of hull , and the priory of st. anthony , (i) walsingham addes , that he was deprived likewise of his chancellorship and adjudged worthy of death ; yet the lords would not put him to death but sent him prisoner to windsore castle . rex autem non multo post annullavit quicquid in parliamento statutum fuerat contra ipsum . in the (k) parliament of r. . rot . parl. ● . , . thomas duke of gloucester kneeling before the king , said , that he understood the king was informed , he went about to depose him , and to make himself king ; wherefore he offered to put himself upon his tryal in that behalf , as the lords of the parliament would award ; whereupon the king said in open parliament , that he thought the said duke was nothing faulty , and therefore held him excused . after which all the lords , as well spiritual as temporal being in the parliament , claimed their liberties and franchises , namely , that all weight● matters in the same parliament , which should be after moved touching the peers of the land , ought to be discussed , judged and determined by the m , by the course of parliament , and not by the civil law , nor yet by the common law of the land , used in other cou●ts of the realm . the which claim and liberties the king most willingly allowed and granted thereto in full parliament . after which thomas earl of glocester , henry earl of derby , richard earl of arundel , thomas earl of warwick , and thomas earl of marshal , lords appellants , impeached alexand●r archbishop of york , robert de vere earl of ireland , m●chael de la poole earl of suffolk , robert tresylam chief justice , nicholas bramber knight , and other of their adherents of high treason against the king and his realm . the articles they exhibited against them were in number , at large recorded in henry de knyghton de eventibus angliae , l. . col . . to . with the whole proceedings thereupon , for which many were attainted , condemned , executed by judgement of the lords , notwithstanding the kings intercession for some of them to the lords : they are likewise mentioned in the printed statutes at large , of r. . c. , , . in walsingham hist . angliae , p. to . and other vulgar (l) historians : i shall therefore for brevity refer you to them . exactum est juramentum a rege , ad standum regulationi procerum , et non solum a rege , sed a cunctis regni incolis , idem juramentum est expetitum . in the (m) parliament of r. . n. . the king and lords ( without the commons ) declared , that in the year of this king , the earldom of richmond , with the appartenances , were adjudged by the king and lords to be forfeited to the king , by reason of the adherence of john duke of britain , then earl of richmond , to the french ; against his allegiance to the king , and his father king edward the . which judgement was not then enrolled in the rolls of parliament for certain causes known to the king and lords , but was now inrolled , and the lands granted to the earl of westmerland , which king henry the th would not revoke upon the commons petition to restore them to the duke , h. . rot . parl. n. . in the parliament of r. . n. richard earl of (n) arundel , in the presence of the king and lords accused the duke of lancastre of particular misdemeanors : in which when the king had justified him ; it was awarded by the king , by the assents of all the lords , that the earl should in full parliament make a formal submission to the duke , and crave pardon for his false accusation . (o) in the parliament of r. . rot . parl. n. . to . the commons impeached thomas arundel archbishop of canterbury of high treason , for procuring the duke of glocester and others there named to accroach to themselves regal power , and execute the commission of r. . when he was chancellor ; praying that he might be kept under safe custody , with a protestation of making for her accusations during the parliament against him and others . after which they prayed the king to give judgement against the archbishop , according to his desert : who submitted himself to the kings mercy : (o) whereupon the king & lords and sir thomas piercy , ( the general proctor for the bishops in this case ) adjudged the fact of the archbishop to be treason , and himself a traytor ; and that thereupon he should be banished , his temporalties seised , and all his lands in proper possession or use , together with his goods forfeited to the king , and presenting the day and place of his departure into exile . after this in the same (p) parliament of r. . the lords appellant therein named accused the duke of glocester , the earls of arundel and warwick , and others of high treason , for procuring the commission in r. . for raising forces , and coming to the kings person armed ; for accroching to themselves royal power , and adjudging some to death , and executing them as traytors in the parliament of r. . for intending to surrender up their homage and allegeance to the king , and then to depose him ; and saying they had good cause to depose him , &c. hereupon the earl of arundel being brought in custody to the parliament before the lords , by the kings command and assent of the lords , had his charge read and declared before him by the duke of lancaster steward of england ; to which he pleaded his pardon : which plea being disallowed , because his pardon was revoked by this parliament , and he relying on it without any other plea ▪ the lords appellants prayed judgement against him , as convict of the treasons aforesaid : whereupon the duke of lancaster , by assent of the king , bishops , earles , and lords , adjudged him convict of the articles aforesaid , and thereby a traytor to the king and realm , and that he should be therefore hanged , drawn and quartered , and forfeit all his lands in fee or fee-tayl which he had in the . year of this king , with all his goods and chattels . but for that he was come of noble bloud , the king pardoned his execution of hanging , drawing and quartering , and granted that he should be beheaded : which was accordingly executed the same day on tower hill by the marshal of england . the . of september , the (q) earl of warwick was brought ao his trial in the same manner as the earl of arundel ; who confessed all the articles , submitted to the kings grace , and had the same judgement pronounced against him in the same manner as the earl of arundel . but the king at the lords appellants and others requests pardoned his execution , granted him his life , and banished him into the isle of man. the duke of norfolk by assent and act of parliament , was tried in a court martial by the king , lords and some knights , for words spoken against the king , and judgement was there given that he should be banished into hungary , and his lands forfeited to the king. within one year after ( such is the vicissitude of all worldly honour and power ) in the (r) parliament of h. . plac. coron . n. . to . at the prayer of the commons , the great lords appellants , edward duke of albemarl , tho. duke of surry , john duke of exeter , john marquess dorset , john earl of salisbury , and thomas earl of glocester , were all questioned and brought to their several answers before the king and lords for their acts and proceedings in the parliament of r. . the records whereof being read before them in parliament , they made their several answers and excuses thereunto : whereupon the king and lords , after consultation thereupon , adjudged , that the said dukes , marques , and earls should lose their several titles and dignities of dukes , marquess and earls , with all the honor thereunto belonging ; and that they should forfeit all the lands and goods which they or any of them had given them , at the death of the duke of glocester , or since : and that if they or any of them should adhere to the quarrel or person of king richard , lately deposed , that then the same should be treason . the which judgement was pronounced against them , by william thurning , chief justice of the kings bench , in parliament , by the kings command ; but in the parliament of h. . rot . parl. n. . upon the petition of the lords and commons to the king , the earls of rutland and somerset were pardoned , and restored by the king in parliament . in the (ſ) parliament of h. . n. . the bishop of norwich , was accused by sir thomas erpingham , the kings vice-chamberlain before the king and lords , of divers offences against the king ; who taking the accusation to be good because of the bishops order , and that he was of the king● linage ; pardoned the said bishop , all his misprisions done against his person , and reconciled the bishop and sir thomas one to another . and n. , . all the lords temporal ( whose names are there recorded , being . in number ) by assent of the king , declared and adjudged , thomas holland late earl of kent , john holland late earl of huntingdon , john mountague late earl of salisbury , thomas le despencer , sir ralph lumley knight , and divers others ( who were for their rebellions and treasons , in levying war against the king , taken , slain or beheaded by certain of the kings subjects ) to be traytors , and that they should forfeit all such lands as they had in fee the . of january , the first year of the king , or at any time after , with all their goods and chattels : the record is , toutz les seigneurs temporelz esteantz en parlement , per ussent du roy declarerent , et adjuggerent les ditz thomas , &c. pur trayteurs , pur la leve de guerre encountre lour seignior le roy , nient obstant qils furent mortz sur le d●t leve de guerre sanz process de ley . lo here the lords alone by the kings assent , declare and adjudge what is treason , both in the case of lords and commoners too , and ●taint and give judgement against them both , without the commons , after their deaths , without legal trial . in the * parliament of h. . rot . parl. n. , , , . on friday the of february the earl of northumberland came before the king , lords and commons in parliament , and by his petition to the king , acknowledged , that he had done against his lawes and allegeance ; and especially for gathering power & giving of liveries , for which he put himself upon the kings grace and prayed pardon , the rather , for that upon the kings letters he yielded himself , and came to the king at york ; whereas he might have kept himself away . which petition by the kings command was delivered to the justices to be examined , and to have their counsel and advice therein : whereupon the lords made a protestation ; que le juggement appentient a ●ux tout soulement , that the judgement appertained only to them . and after the said petition being read and considered before the king and the said lords , as peers of parliament , aus queux teils juggeme●t apperteignent de deoit ; to whom such iudgements appertained of right , having had by the kings command competent deliberation thereupon : and having also heard and considered as well the statute made in the . year of king edward the kings grand father that now is , concerning the declaration of treason , as the statutes of liveries made in this kings reign , adjudged ; that that which was done by the said earl contained within his petition , was neither treason , nor felony , but trespas ; for which the said earl ought to make fine and ransom at the will of the king. whereupon the said earl most humbly thanked our lord the king , and the said lords his peers of parliament for their rightfull judgement and the commoners for their good affections and d●ligence used and shewen in this behalf ; and the said earl further prayed the king , that in assurance of these matters , to remove all jealousies and evil suspitions , that he might be sworn a new in the presence of the king , and of the lords and commons in parliament ; and the said earl took an oath upon the crosier of the archbishop of canterbury , to be a faithfull and loyal liege to our lord the king , the prince his son , and to the heirs of his body inheritable to the crown according to the laws of england ; whereupon the king out of his grace pardoned him his fine and ransom for the trespass aforesaid . after which , num . . the lords spiritual and temporal , humbly thanked the king , sitting in his royal throne in the white chamber , for his grace and pardon to the said earl of his fine and ransom : and likewise the commons thank● the lords spiritual and temporal , for the good and just iudgement they had given , as peers of parliament to the said earl. from this memorable record ▪ i shall observe ; first , that though this declaration of this earls case was made by his petition in the presence of the king , lords and commons in parliament , according to the statute of e. . yet the lords only by protestation in presence of the king and commons , claimed to be the sole iudges of it , as peers of parliament , and belonging to them of right . secondly , that this claim of theirs in this case , was acknowledged and submitted to both by the king and commons : and thereupon the lords only , after serious consideration of the case and statutes whereon it depended , gave the definitive sentence and judgement in this case ; that it was neither treason nor felony , but trespass only , &c. thirdly , that the earl thanked the king , only for his grace , the lords for their just iudgement , and the commons only for their good hearts and diligence , having no share in the judgement , though given by the lords both in the kings and their presence ; and that the commons themselves returned special thanks to the lords spiritual and temporal in parliament , for their good and just judgement . fourthly , that this judgement of the lordr only , was final and conclusive , both to the king and commons , who acquiesced in it . in the (t) parliament of h. . rot . parl. num . , . thomas mountague earl of salisbury , son and heir of john mountague earl of salisbury , exhibited his petition in parliament to reverse a judgement given against his said father in the parliament at westminster in the second year of king henry the fourth , rot . parl. n. , . forecited , wherein amongst others he was attainted of treason by judgement of all the temporal lords in parliament : and thereupon he exhibited certain reversals of judgements given in parliament , as making on his behalf , to the lords consideration , reversed for some errors assigned in those judgements ; to wit , one judgement given against thomas heretofore earl of lancaster , before king edward the second at pomfract , the monday before the feast of the annunciation , in the fifteenth year of his reign ▪ and another judgement against roger de mortymer , late earl of march , in the parliament of king edward the third , the monday after the feast of st. katherine , in the fourth year of his reign , at westminster . which judgements being distinctly and openly read● and fully understood ; it seemed to the king and lords , that the case of the death and execution of the said john late earl of sarum , and of the judgement aforesaid against him given , is not , nor was like to the case of the executing of the said th. heretofore earl of lancaster , nor to the case of the putting to death of roger earl of march , nor to any judgement given against the said thomas and roger , as aforesaid , but that the judgement and declaration had and given against the said john late earl of sarum were a good , just and legal declaration and iudgement . per quod : consideratum suit in praesenti parliamento per praedictos dominos tunc ibidem existentes , de assensu di● domini nostri regis quod praefatus nunc comes sarum nihil capiat per petitionem , aut prosecutionem suam praedictam . et ulterius tam domini spirituales quam temporales supradicti , judicium et declarationem pradicta versus dictum joannem quondam comitem sarum , ut praemittitur habita sive reddita de assensu ipsius domini regis affirmarunt fore et esse bona , justa et legalia , et ea pro hujusmodi ex abundanti decreverunt et adjudicarunt tuuc ibidem . (t) this is all that is mentioned in that parliament roll concerning this businesse . sir edw. cook who hath an excellent faculty above all others i have yet met with , in mistaking , mis-reciting , and perversing records , and law-books too oft times , which he had no leisure to peruse ( which i desire all lawyers and others to take notice of who deem all he writes to be oracle , lest they be seduced by him ) in his institutes , p. . affirms with confidence , that in this rot. parl. . h. . n. . error was assigned ( to reverse this judgement ) that the lords gave judgement without petition or assent of the commons ; citing it to prove , that the commons have a power of judicature , together with the lords . but under his favour , i can assure ye reader , . that there is no such error at all either mentioned or intended in this record , nor any one syllable tending to that purpose . ly . the petition mentions no error at all in this judgement ; but only remembers two presidents of judgement formerly reversed ; the first in the case of thomas earl of lancaster , in e. . which judgement was given against him at pomfret castle , which was afterwards reversed , as sir edward cooke himself informs us in his institutes , c. . p. , . in pas . e. . coram rege , rot . . for this only reason , qua contra chartam de libertatibus , cum dictus thomas fuit unus parivm & magnatum regni , non imprisonetur , &c. nec dictus rex super eum ibit , nec super eum mittet , nisi per legale judicium parium suorvm , &c. tamen tempore pacis absque juramento , seu responsione , seu legale judicio parium suorum , &c. adjudicatus est morti . the other was the judgement given against roger mortymer in the parliament of e. . reversed for the like reason in the parliament of e. . n. , , . forecited , being condemned and executed by the lords , without any arraignment , hearing , trial , or answer , against the great charter . now these two presidents are pointblank against this pretended error alleged by sir edward cook , that the lords gave judgement without the assent of the commons , and it had been very improper for them to allege the reversal of them for want of a legal tryal by their peers ; to prove that the commons , who are no peers , should have assented to the earl of salisburies judgement ; and because they did it not , it was error and reversible ; these presidents therefore might have minded him of his gross mistake . ly . the king and lords upon consideration declared , and adjudged these two cases and judgements , upon perusal of them not to be like the case of the earl of salisbury , who being slain in rebellion , and actual war against the king ; could not be personally arraigned and condemned , as the other two might , and ought to have been , and therefore the judgement given against him in this case by the king and lords in parliament , who were his peers , was a good , just , and legal judgement , and no ways against the great charter . ly . the commons themselves in the parliament o h. . rot . parl. n. . acknowledged this judgement to be good without their assents , by their petition to the k●ng that john lumly whose father was attainted of treason by it ( together with the earl of salisbury , might be restored to blood and lands ( by act of parliament , and the kings grace ) notwithstanding this judgement of treason against them . which the king ; by assent of the lords spiritual and temporal , consented unto . ly . in the parliament of e. . n. , . this judgement was made void and repealed out of the kings grace , by a special act of parliament , and the heir restored , but the judgement not reversed for any error . ly . had there been any such error assigned , as is alleged ; yet the king and lords , upon solemn debate and deliberation , over-ruled , and adjudged it to be no error at all ( as he pretends it ) and thereupon abated the petition , and adjudged the judgement and declaration given by the lords alone , with the kings assent , in h. . ( without the commons petition or assent ) to be good , just , and legal , reconfirming it a new on record as such : therfore it was a gross oversight in him to assign and print it as an error , and a president of the commons house , or both houses power of judicatures together : when as it is a most undeniable double parliamentary resolution , of the kings and lords sole right of judicature , & of their declaring and judging in parliament what is treason , and what not within the statute of e. . without the commons assent or privity , and an unanswerable refutation of his sole opinion to the contrary in his institutes , c. . p. . which he opposeth against not only these two parliamentary resolutions , but likewise against h. . n. , . and r. . rot . parl. n. . there quoted by him . by this you may judge how little credit is to be given to sir edwards quotations and authority , in matters concerning parliamentary judgements and records . in the * parliament of h. . rot . parl. n. . to . the commons generally accusing , william de la pool duke of suffolk to the king and lords , he thereupon required of the king , that he might be specially accused , and heard to answer to that which many men reported of him to be an untrue man , making therewith a protestation of his manifold good services in the wars , and as a privy counsellor for sundry years ; and so asking god mercy , as he had been true to the king and his realm , required his purgation ; the of january the commons required , that for this his confession he might be committed to ward . the lords and judges upon consultation , thought there was no good cause for that , unlesse some special matter were objected against him . the day of january , the speaker declared that the said duke ( as it was said ) had sold the realm to the french , who had prepared to come hither , and for his own defence had furnished wallingford castle with all warlike necessaries ; upon whose request the said duke was then committed to the tower of london . the day of february , the commons by william trussel their speaker , brought up and presented to the king and lords in the lords house a bill against the said duke , containing an impeachment of several high treasons committed by him against the king , requiring of the lords all their articles therein to be enacted , with prosecution therein . the . of march they exhibited new articles of complaint against the duke , comprising sundry misdemeanors against the king , and other persons , which they require might be enrolled , and that the duke might answer to them . the . of march the duke was brought by the kings writ from the tower into the parliament chamber , before the king and lords ; where the articles were rehearsed to him , who desired copies of them , which was granted : and he for more ready answer was committed to certain esquires , to be kept in the tower , within the kings palace . the of march the duke appeared before the k. & lords where on his knees he denied as untrue the articles of treason , and the same offered to prove , as the king shall appoint . the chief justice thereupon by the kings command , asked this question of the lords , what advise they would give the king , what is to do further in this matter ? which advise was deferred till monday then next following ; whereon nothing was done in that matter . on tuesday the of march , the king sent for all the lords spiritual and temporal then being in town ( being in all ) into his inner chamber within his palace of westminster , where when they were all assembled , he then sent for the duke thither ; who coming into the kings presence , kneeled down , and continued kneeling till the chancellor of england had delivered the kings command to him ; and demanded of him , what he said to the commons articles , not having put himself upon his peerage ? whereupon the duke denied all the articles touching the kings person , and state of the realm , as false and scandalous . and so not departing from his said answers , submitted himself to the kings rule and governance , without putting himself upon his peerage . where thus the chancellor told him . that as touching the great and horrible crimes contained in the first bill , the king holdeth him neither declared nor charged . and as touching the second bill , containing misprisions which are not criminal , the king by force of his submission , by his own advice , and not reporting him to the advice of the lords , nor by way of judgement , for he is not in place of judgement , putteth you to his rule and governance ; that before the first of may next coming , he should absent himself out of the kingdom of england , and all other his dominions , in france , or elsewhere , and that he , nor no man for him , should shew or wait any malice , nor hate , to any person of what degree soever of the commons in the parliament , in no manner of wise , for any thing done to him in this parliament or elsewhere . and forthwith viscount beaumont , in behalf of the said lords both spiritual and temporal , and by their advice , assent , and desire , said and declared to the kings highness ; that this that so was decreed and done by his excellency , concerning the person of the said duke , proceeded not by their advice and counsels but was done by the kings own demeanoir and rule . wherefore they besought the king that this their saying might be enacted in the parliament roll for their more declaration hereafter ; with this protestation , that it should not be , nor turn in prejudice nor derogation of them , their heirs , ne of their successors in time coming ; ; but that they may have and enjoy their liberty , as they , or any of their ancestors and predecessors had and enjoyed before this time . this is the sum of this large record , which makes nothing to the purpose for which sir edward cook cites it in his institutes , p. . that it is error when both houses joyn not in the judgement . for first , here is nothing but an impeachment only by the commons of a peer , who ought to be tryed , judged only by his peers , not by commoners . secondly , there was no judgement given in parliament in this case , but only a private award made by the king , out of the parliament house in his own chamber , in presence of the lords . thirdly , the lords entred a special protestation against it , as not made by their advice or consent . fourthly , they enter a special claim in the parliament roll , for the preservation of their right and freedom of peerage for hereafter , both of being tried and judged only by their peers in parliament ; and so an express resolution , that the peers in parliament are and ought to be judges , especially of peers , not the commons . these records of these cited at large , lest sir edward cooks brief quotation and mis-recital of them should deceive the credulous or ignorant readers . in the (x) parliament of h. . rot . parl. n. . thomas earl of devonshire , was accused of treason , tried for , and acquitted thereof by his peers , before humfrey duke of buckingham , steward of england for the time being : and for that the duke of york thought the loyalty of the said earl to be touched ; thereupon the said earl protesting his loyalty , referred himself to further trial as a knight should doe : upon which declaration the lords in parliament acquitted him as a loyal subject . (y) edward duke of york , with the earls of march , warwick , salisbury , rutland , john lord clinton , and others , were impeached and attainted by judgement of the lords in parliament , of high treason , for raising forces and levying war against king henry the . and afterwards attainted by bill ; in the parliament of h. . n. . to . in the (z) pa●liamenr of e. . n. . to . the duke of exeter , viscount beamont , the earls of pembroke wilts , and devonshire , the lords nevil , roos , gray , dacre , hungerford and others , were first attainted and condemned of high treason by the lords , and after by bill , for levying warr against king edward the fourth . the duke of somerset , and others in the parliament of e. . n. . to . and john vere earl of oxford , with others in the parliament of e. . n. . to . were in the same manner for the same offence , attainted of high treason , and their lands forfeited . to pretermit all other attainders of this nature in cases of high treason , in the reigns of henry the . edward the . queen mary , queen elizabeth , and king james , both in our english and irish parliaments , formerly touched , p. , , . in (a) the parliaments of , & jacobi , sir francis bacon viscount st. alban , lord chancellor of england , and the earl of middlesex lord treasurer of england , were impeached , accused , convicted of bribery , corruption , and other misdemeanors , removed from their places , fined ( middlesex l. ) imprisoned , made uncapable of any office , and thus censured by iudgement of the lords house , as the journals of those parliaments inform us . in the parliament of . caroli , the (b) duke of buckingham impeached the earl of bristol , and the earl of bristol impeached this duke before the lords , in sundry articles , for divers misdemeanours touching the spanish match , king , prince , to seduce him in his religion , praying judgment of the lords thereupon against each other . in the parliament of . caroli , the duke of buckingham was accused and impeached by the commons before the lords for sundry high misdemeanors , and the parliament thereupon dissolved to prevent his censure . in this very parliament of (b) king charls now sitting , thomas earl of strafford was accused and impeached by the house of commons of high treason , and other misdemeanors , comprised in sundry articles , which they transmitted ●o the house of lords , desiring that he might be put to answer them , and such proceedings , examination , trial and judgement thereupon had and given against him by the lords , as is agreeable to law and justice . hereupon he was openly tried in westminster hall , before the house of lords , there sitting as his judges , where the house of commons prosecuted and gave in evidence against him sundry dayes ; and in conclusion , demanded the lords to give iudgement against him , in the iudicial way . after which they proceeded against him by way of bill ; not to decline their lordships iustice in a iudicial way ; but to husband time , by preventing some doubts and as the speediest and soonest way : upon the passing of which bill , he was beheaded and executed as a traytor . (c) on the of february , . william laud archbishop of canterbury , was accused and impeached of high treason by the house of commons of . articles then transmitted by them to the house of lord ; the first whereof was this ; that he had trayterously endeavoured to subvert the fundamental laws and government of the realm , and instead thereof , to introduce an arbitrary and tyrannical government against law : and the last of them , this : that he had laboured to subvert the rights of parliament and the ancient course of parliamentary proceeding ( which the new-modellers of our parliaments , more guilty hereof by many degrees than he , may do well to consider : ) upon which they prayed , from the lords such proceedings , examination , trial and iudgement against him , as is agreeable to law and justice . upon these articles he was brought to a publike trial in the lords house the . of march , . and after . whole dayes spent in his meer trial , and proof of the charge against him , and his defence thereto morning and evening ; and several other dayes spent in the hearing of him and his council , and the commons reply touching his charge and the matters of law , whether the charge pr● against him amounted to high treason ; the lords upon most mature deliberation , voted him guilty , of all the articles and matters of fact charged against him , and also of high treason and thereupon passed an ordinance for his attainder ; ; by vertue whereof he was beheaded as a traytor on tower-hill , january . . to these i might add the (d) seveeal articles of impeachment transmitted by the house of commons this parliament to the lords , against matthew wren , bishop of norwich the . of july . against william pierce bishop of bath and wells ; and against the bishops of winchester , coventry and litchfield , glocester , chichester , exeter , st. asaph , hereford , ely , bangor , bristol , rochester , peterborough and landaffe ▪ august . . requiring such proceedings from the lords against them , as to law and justice shall appertain . all which are a superabundant impregnable evidence of the lords inherent judicial power and right of judicature in our english parliaments , even by the commons house own impeachments and acknowledgements , against the levellers pretences , to the contrary . by all these forecited presidents it is most apparent : . that the king and lords in our parliaments in all ages both before and since the commons admission to sit and vote in parliaments , have been the sole judges of ecclesiastical peers and lords in all criminal cases , without the commons . ly , that the lords and peers of the realm , ( except only in case of appeal● ) both in and out of parliament , are triable only by their peers : and therefore the trial , condemnation and execution of any of them by marshal law , or now misnamed high courts of justice by commoners and others who are not their peers , is most illegal , unjust , and nought else but murther ; as the (e) parliaments of h. . rot . parl. n. . of e. . rot . parl. n. . resolve ▪ and as it was adjudged in the case of thomas earl of lancaster , pa●ch . e. . coram rege , rot. . wi● . cooks . institutes , p. , . secondly , the next and main question now con●roverted , will be ; whether the king , & house of peers , have any lawfull or sole power of judicature in and over the persons , of the commons of england , as well as over peers , in criminal causes , misdemeanours , offences , or breaches of their parliamentary privileges ; so farr as to fine , imprison , censure , judge or condemn them in any kind , without the house of commons concurrent vote or judicature ? this the ignorant sottish levellers , sectaries , ( seduced by their blind guides , john lilburn , and overton ) peremptorily deny : the contrary whereof , i shall here infallibly make good , to their perpetual shame and refutation , by unanswerable reasons and presidents in all ages . . i have (f) already manifested , that the parliament being the supremest court of judicature in the realm , must consequently have a lawfull jurisdiction over all persons and members of the realm , whether spiritual or temporal lords or commons , in all criminal and civil causes proper for parliaments to judge or punish ; that this power of judicature was originally and primitively vested in the king and lords alone , before there were any knights , citizens , burgesses or commons summoned to our parliaments ; ( as is evident by (g) the antient writers glanvil , bracton , fleta , horn , the parliament of clarindon , anno. . and other forecited authorities ; ) and never transferred by them to the house of commons upon or after their admission into our parliaments , but remaining intirely in the king and lords as at first ; as the whole house of commons acknowledge upon record h. . rot . parl . n. . therefore they may lawfully exercise this their judicial power and jurisdiction over the commoners of england in all such causes now , and hereafter , and that of right , as this record resolves they may do , in positive terms . ly , our histories , law-books and records agree , that in ancient times , our earls , who were called comites , or counts from the word county , had the chief government and rule of most of the counties of this realm under our king , and that they , and the barons were the proper judges of the common people , both in criminal and civil causes in the tourns , & county-courts ; even by vertue of their dignities and offices , as our sheriffs are now ; in which courts they did instruct the people in the laws of the land ; and administer justice to them in all ordinary civil and criminal causes . for proo● whereof you may peruse at leisure , m. seldens titles of honour , part . c ▪ . sect. . sir edw. cooks institutes on magna charta , c. . his . institutes , c. . the laws of king edgar , and edward there cited . spelmanni glossarium , tit. comites , mr. lambards archaion , f. . horns mirrour of justices , c. . sect. , . if then they were judges of the commons and people in every county , by reason of their honours , dignities , even in antientest times , in ordinary causes ; there is great right and reason too , they should be their judges also in all their extraordinary causes , as well criminal as civil , even in parliament , ly , the lords , peers and great officers of state , in respect of their education , learning , experience in all proceedings of justice and law , are more able , fit to be iudges of commons in parliament , than ordinary citizens and burgesses ( especially if chosen out of the cities and boroughs themselves for which they serve , as antiently they were , and still ought to be by the statutes of h. . c. . h. . c. . and by the very purports of the writs for their election at this very day : & de qualibet civitate com. praedict . dvos cives , & de quolibet burgo duos bvrgenses , ) who have better knowledg , skill in merchandise , and their several trades , than in matters of judicature , or law. therefore the right of judicature was thought meet , even after the commons admission to our parliaments , to be still lodged and vested in the house of peers , as before , who are the ablest and fittest of the two , rather than in the commons house . ly , since the division of the houses one from another , ( if ever they sate together , which cannot be proved ) the house of peers are dis-ingaged and indifferent parties between the king and commons , and so fittest of all to he judges between them , as the mirrour of justices , c. . resolves , so it hath been stil furnished with the ablest temporal and spiritual persons for their assistants in judgement and advice ; to wit , with all the judges (ſ) of the realm , barons of the exchequer , of the coy● , the kings learned counsel , the masters of the chancery who are civilians or lawyers , the master of the rolls , the principal secretaries of state , with other eminent persons for parts and learning , and the procuratores gleri ; all which are called by writ to assist , and give their attendance in the upper house of parliament , where they have no voices , but are to give their counsel and advice only to the lords when they require their assistance , especially in cases of law and judicature . for proof whereof you may consult the statutes of h. . c. . the register of writs , f. . fitz. nat. brev. f. . a. b. m. seldens titles of honor , part . c. . sir edw. cooks instit . p. , , , , , . and the parliament rolls and authorities there cited by them , seconded by our present experience . now the house of peers being thus assisted with the advice of all the judges of england , the kings learned counsel , and others ablest to advise them in all criminal , civil or ecclesiastical matters , cases that come before them : were in this regard thought fittest by our ancestors , and the * commons themselves ( who have no such assistants ) to have the principal and sole power of judicature , in all civil and criminal causes as well of commoners as peers , that are proper for the parliaments judicature by way of censure or redress . ly , there can be no judgement given in any of the kings courts in criminal causes , but where the king is personally or representatively present , sitting upon the tribunal , and where the proceedings are coram rege . and therefore in the end of most antient parliament rolls , we find the title of * placita coronae , coram domino rege in parliamento suo , &c. as in e. . r. . h. . and other parliaments . now as the kings person is represented , judgements given , justice executed , in all criminal and civil cases in the kings bench , eyres , goal deliveries , oyers and terminers , and all his other courts , by his judges and justices , in his absence ▪ so is it represented in our parl. in the lords house by his commissioners and the lords and judgements given , justice executed by them in al criminal & civil causes ; and no ways by the commons , who neither sit , nor judge in the house of peers . therefore the house of peers only , no● the commons , are the true and proper judicato●y ; where the king the supream judge fits usually in person , and alwayes in representation in his absence . ly , there can be no legal trial or judgement given in parliament , in criminal causes or others , without examination of witnesses upon oath , as in all other courts of justice . but the house of peers alone have power to give , and examine witnesses upon * oath ; and the whole house of commons no such power , but to take informations without oath , which neither they nor their committees can administer , unless by special order and commission from the king or lords : therefore the power of judicature in parliament , even in commoners cases , is inherent only in the house of peers , and not in the commons house . ly , it is a rule both of law and justice , * that no man can be an informer , prosecutor , and judge too of the persons prosecuted , & informed against it being contrary to all grounds of justice : therefore he ought to complain and petition to others for justice . but the commons in all ancient parliaments , and in this present , have been informers and prosecutors ( in nature of a (t) grand inquest , to which some compare them , being summoned from all parts of the kingdom to present publike grievances and delinquents to the king and peers for their redress ) and thereupon have alwayes petitioned , complained to the king and lords for iustice against all other delinquents and offenders in parliament , not judged them themselves : witness their many impeachments , accusations , complaints sent up and prosecuted by them in * former parliaments , and this , to the lords , not only against peers ▪ but commoners , of which there are hundreds of presidents this very parliament : therefore the house of lords hath the proper right of judicatory vested in them , even in cases of commoners , not the commons ; who are rather informers , prosecutors , and grand jury men , to inform , impeach , than judges to hear , censure , determine and give judgement , as is resolved in h. . n. . ly . those who are proper judges in any court of justice , whiles the cause is judging sit in their robes , and that covered , * on the bench , not stand bare at the bar ; sweat and examine the witnesses in the cause , not produce them or manage the evidence ; and when the cause is fully heard , argue and debate the businesse between themselves , and then give the definitive sentence . but in all cases that are to be tried and judged in parl. the lords only sit upon the bench , and that covered , and in their parliamentary robes the badges of judicature ; but the commons stand and that bare at the bar , without any robes at all : the lords only swear , examine the witnesses , and judge of their testimony ; the commons only (u) produce the witnesses , presse and manage the evidence ; and when the bu●nesse is fully heard , the lords only debate the cause among themselves , and give the final sentence , judgement without the commons , ( though sometimes in their presence ) and that both in cases of commoners and peers . therefore the lords and house of peers are sole judges in parliament , not the commons . ly . the commons themselves in all ages since admitted into our parliaments , * have always presented their petitions in parliament to the king and lords alone , for redress of all grievances , wrongs , misdemeanours , abuses whatsoever , publike or private , criminal or civil , ecclesiastical , marine , or military : and the lords house alone have in all antient parlaments appointed particular persons of their house to receive al petitions , triers of them to hear and answer them by their advice , and the kings assent , when necessary ; which triers of petitions had power given to call the lord chancellor , treasurer , chamberlain , judges , kings servants , and others to this assistance , prescribing where , when their petitions should be presented , examined , redressed , at all our parliament rolls a●est , and sir edward cook , himself relates : there being few or no petitions at all presented by any to the commons before ●● h. . c. . & . h. . c. . these petitions then presented to them , and all ever since , with all in this present parliament , being only to this end , that they upon the examination of the truth , matters , complaints , grievances mentioned in them , might transmit and represent them in the name of the commons house to the lords house , for to give , full redress , relief , and judgement on them to the petitioners ▪ not for the commons themselves to judge , finally determine them , or give relief upon them without the lords ; as all the transmissions of private and publike petitions by the commons to the lords heretofore and in this parliment , in the cases of dr. layton , dr. bastwick , mr. burton , mr. walker , my self , and of lilburns own petition against his censure , attest . * therefore the judicature of our parliaments , must wholy rest and intirely reside in the lords house , as well in all criminal as civil cases , both of commoners and lords . ly . the surest badge and highest evidence of the right and exercise of juridical , and judicial authority in parliament , is the examination , affirmation , control , repeal , nulling , adjudging , and finall determining all errors in judgements , decrees , proceedings , & all misprisions , abuses , corruptions , grievances whatsoever of judges , justices , in all other courts of justice , civil , ecclesiastical , marine or military ; now the lords-alone in parliament , upon wtits of error , appeals , complaints , petitions , &c , examine , confirm , repeal , null , redresse , and finally determine all errors , misprisions in judgements , decrees , proceedings , and all abuses , corruptions , grievances whatsoever , in all other courts of justice ; whether civil , as the kings bench , chancery , exchequer chamber , common pleas , exchequer , court of wards , courts of requests , stanneries , &c. or ecclesiastical , as the high commission , archbishops , consistories , the convocation , and the admiralty , court marshal , council table , star-chamber , and in former parliaments , as is evident by sundry presidents in former ages , and in this present parliament of king charls in the cases of dr. layton , dr. bastwick , mr. burton , lilburn himself , mr. grafton , alderman chambers , mr. rolls , sir rob ▪ howard , alderman langham and limry , mr. johns , and le gay , with sundry others : but more especially in cases of writs of error brought in parliament by peers or commoners , upon any erronious judgements touching their real or personal estates , lives , limbs , liberties , persons , upon indictments or attainders , in all which writs the king and lords only are sole judges ( without the commoners ) and the returns of the proceedings upon such writs are only before the lords in the vpper house , secundum legem et consuetudinem parliaments : so sir edward cook himself expresly resolves in direct terms , in his institutes , p. , , . and e. . . fitz error br. . h. . , , . br. error , . old book of entries , p. . e. . fitz. brev. . e. . . br. error , . e. . . . ass . . . ass . . h. . . h. . fitz. error . h. . . h. . . h. . . h. . . e. . . r. . . h. . , , . dyer , f. . , , , . intimate as much . this is most clear by the writs of error , judgements and proceedings on them in the parliament house , before and by the lords alone mentioned in the parliament rolls themselves , * as ▪ e. . ro● parl. . e. . n. , . e. . n. , . e. . n. . to . e. . n. . r. . n. , , . r. . n. , , , , . parl. . and parl. . n. . to . r. . n. . , , . r. . n. . r. . n. , . r. . n. , , , . r. . n. , ▪ r. . n. , , . r. . n. , . r. . n. . . ● r. . n. , , . r. . n. ● . r. . n. , . to , . h. . n. , . h. . n. , , . h. . n. . h. . n. . h. . n. . h. . n. . h. . n. , . h. . n. . with sundry writs of error in succeeding parliaments , and this now sitting , adjudged , determined by the king and lords alone , without the privity or interposition of the commons . a truth so clear , that lilburn himself in his argument against the lords jurisdiction , confesseth i● . if then the lords house , be the so●e judges in all writs of error , and appeals from all other courts of justice , concerning the lands , tenements , goods , estates , liberties , members , lines , attainders of all english freeholders , and commoners whatsoever , notwithstanding the statute of magna charta , ch . . no freeman shall be ●aken or imprisoned , &c. neither will we pass upon him nor condemn him , but by the lawfull judgement of his peers , &c. ( the grand and principal objection against the lords judicature in cases of commoners ) then by the self same reason they are their lawfull judges , and may regally proceed against them in all other criminal or civil causes , especially in cases of breach of their own privileges , wherein they are the sole and only judges , since no other court can judge of , nor yet punish them , as sir ed. cook resolves , being properly triable only in pa●liament ( as contempt against all other courts , are punishable and triable by themselves alone ) the present cases of lilburne and overton . now that they are and alwayes have been so de facto ( unless by way of bill of attainder , or in such extraordinary cases when their concurrence hath been desired ) even in criminal cases , misdemeanors and offences of commons as well as peers , i shall prove by most clear and infallible evidences and presidents as well antient as modern , our noble king alfred , as he (a) ordained for the good estate of the realm , that the earls and noble thereof , by a perpetual custom , should twice every year , or oftner , in times of peace , assemble together in parliament at london , to govern the people of england , and keep them from sinne , as andr. horn informs us in his mirrour of justices , c. . p. . so the same author records , c. . p. , , &c. that this royal justiciary ( who took a short account each year of all his judges proceedings in his parliaments ) condemned and hanged up in one year about an. as i conjecture ) no lesse than (b) of his judges and justices , as murderers , for executing his subjects and putting them to death against law , without any legal cause or sufficient evidence , or tryal , by a jury of their peers : and imprisoned , fined , punished others of them , in the self same kind as they had injuriously imprisoned , fined and punished his subjects against law : and that no doubt by the advise and assent of his nobles in parliament , upon complaint of their injustice and corruption ; the proper court for punishment of such offenders , whose names and causes ( recorded at large by this author ) shew them to be all commoners and no peers of the realm . (c) anno . william de anco and william de alderi were hanged for treason against william rufus , by judgment of the lords , in a parliament at salisbury . (d) king henry the . anno . holding a council at oxf●quidam pravi dogmatis seminatores tracti sunt in judicium , praesente rege et episcopis regni ; quos à fide catholica devios , et in examine superatos , facies cauteriata notabiles cunctis exposuit , qui expulsi sunt à regno . these hereticks thus branded in the face and banished the realm by the judgement of the king and this council , ae (e) nubrigensis informs us , were above . men and women who came out of germany into england , under one gerard their captain , stiled publicans , who went about the country to spread their errors ; but at last being detected , they were apprehended and cast into prison ; and then brought before the king , and a council of his bishops ; where being convicted of heresie , they were adjudged by the k. to be publikely whipped , branded in the face , and then banished the realm . hujus severitatis pius rigor , non peste illa quae jam irrepserat angliae regnum purgavit , verum etiam ne ulterius irreperet incusso haereticis terrore praecavit , as nubrigensis observes . in the year . the . of king henry the . his reign , (f) the king requiring a restitution and resumption of his castles and lords detained from him by some nobles and others , who at last for fear of the bishops excommunication against such as detained them , and disturbed the peace of the realm ; and also of the kings power and justice , much against their wills , reddiderunt singuli castella , et municipia , et honores , et custodias regi quae ad coronam spectare videbantur : thereupon falcatius de breut , a norman born , a soldier under king john in the barons wars , trusting on the kings and other great mens favors , fortified the castle of bedford , situated on another mans ground , and presuming on his friends , and his own military power and wealth gained in the wars , he feared not violently and unjustly to take away the freeholds , lands and possessions of divers of his neighbours , and more epecially he disseised . freemen in the manor of luiton of their freeholds and tenements without judgement , and appropriated their common pastures to himself : whereof complaint bing afterwards made to king henry the . anno . the king assigned martin de pateshulle , thomas de multon , henry de braibroc , and certain other justices , to take the recognition of the parties complaining of these disseisins , by an assise of novel disseisin , and to do them justice . who having received their recognitions according to custom , the said falcatius was condemned to pay them costs and damages for the spoils done in the said tenements , to which the plaintifs were judicially restored . which falcatius taking very impatiently , being likewise amerced one hundred pounds to the king for every of the said tenements , for his forcible entry into them ; he in a great fury commanded his garison souldiers in the castle of bedford , to march armed to dunstaple , where the justices itinerant sate and gave judgement against him , and to take and bind them in chains , and carry them to bedford castle , and there detain them close prisoners in the dungeon . the justices having notice thereof , fled thence with all speed , some one way , some another ; but henry de braibroc flying , was at unwares taken by the souldiers , who used him very inhumanly , then carryed him prisoner to bedford castle , and there kept him prisoner . king henry at that time was at northampton , where he held a parliamentary council , cum archiepiscopis , episcopis , comitibus , baronibus , et aliis multis , de regni negotiis tractaturi : voluit erim rex uti consilio magnatum suorum de terris transmarinis , quas rex francorum paulatim occupaverat : but it hapned otherwise than he hoped : for the rumor of this act of falcatius being divulged , the wife of the said henry braibroc came to the king at northampton ; et audiente univer●o concilio , de viro suo cum lachrymis * querulans deposuit ; quod rex factum minus indigne ▪ ferens ; quaesi vit consilium a clero simul et populo ( to wit , the spiritual and temporal lords , clerus regni & populus when single , being frequently used for the lords spiritual and temporal , both in matthew paris , hoveden , bromton and others , not for the inferiour clergy and commons house , not then in being , as some antiquaries mistake ) quid sibi super tanta injuria foret agendum ? at omnes una voce concilium regi dederunt , quatenus sine mora et omnibus aliis praetermissis negotiis in man● valida et armata ad castrum praedictum procedens , tantam temeritatem studeat vindicare . cumque domino regi placuisset sententia , ipso jubente omnes ad arma quam citius convolantes , ad castellum praedictum de bedeford , tam clorus quam populus pervenerunt ; the whole parliament marching in person to execute this their sentence upon these transcendent military malefactors . hereupon the king sending messengers to the commanders of the castle , required entrance to be given to him , and commanded henry braibroc his justice to be rendered . but william de brent , brother of falcatius , and the rest within it , answered the messengers , that they would not render the castle nor justice , unless they had a command from their lord falcatius , and especially for this reason , quod regi de homagio vel fidelitate non tenebantur astricti . with which answer the king being much incensed , commanded the castle to be presently encompassed with military trenches ; and those within prepared to defend their walls and bulwarks : then the archbishop and all the bishops with burning papers smote falcatius himself and all within the castle with the sword of excommunication : the king commanded all warlike engines to be brought , and gave many assaults to the castle to win it by force , since they refused to render it ; many were slain and wounded on both sides . at last after many weeks siege the kings soldiers entring the castle by force , those within it being unable to hold out any longer , rendred themselves to the kings mercy : who putting them in close custody and chains , commanded of the knights and souldiers ( who stouted it most against him even when the siege was ended ) qvi omnes svspendio adjudicati svnt , to be hanged that day : matthew westminster writes , there were near one hundred of them hanged up . henry braibroc being then restored to the king safe and sound , rendred him many thanks . in the mean time , the king sent an armed troop to seek out and apprehend falcatius , and bring him prisoner to him : who having notice thereof fled into wales for shelter : the k. thereupon swore , that if he took the castle by force , he would hang up all who were within it ; and withall seised upon all falcatius his manors , lands , corn , goods and chattels throughout england , as confiscated . at last falcatius hearing that the castle was taken , and his brother and souldiers hanged , came to the king to bedford , under the con●uct of alexander bishop of coventry , and there casting himself at the kings feet , humbly implored his mercy , in respect of the many great and costly services he had done in his father and himself in time of warr ▪ tum rex per consilium of his nobles and barons ) tradidit illum casteliis , terris et rebus omnibus spoliatum sub custodia eu●ch● londoni 〈◊〉 e●iscopi , donec quid de illo ageret esset sententialiter de●nitum . et sic quasi in momento idim falcatius de duissimo pauperimus effectus multis et maxime nocentibus poterit fieri in exemplum . regi autem pro maximis laboribus et expensis ( in the siege of this castle ) tam à clericis quam à ●nicis concessum est per totam angliam carucagium , de qualibet caruca duo solidi argenti . magnatibus item concessit rex scutagium , scilicet de scuto quolibet duas marcas sterlingorum : et sic omnes ad propria recesserunt . castellum quoque illud fecit rex complanari et redigi in acervos a most memorable example of regal and parliamentary justice upon insolent contemners of law , justice and justices , the whole parliament turning souldiers , and continuing together at the siege of this castle above two months space , till they had taken the castle and malefactors by force , and done execution on both . and an eminent president of the ks. & lords jurisdiction in causes both of commoners and souldiers , as well as peers and nobles . (g) henry de bathonia , a learned knight , most skilfull in the laws of the realm , one of the kings justices and special counsellors , in the year , ( the of henry the . ) was most grievously defamed and accused of bribery and corruption , in the office of his justiceship , wherein he feared not treacherously to empty other mens purses , to fill his own , growing thereby in a short time extraordinary rich in rents , monies , gold and silver , being instigated thereunto by his wife ; whereby adeo turpibus per fas et nefas emolumentis inhiabat , ut in una sola itinaratione justiciaria dicebatur , plusquam ducentas libratas terrae sibi appropriare : whereupon appellatus est de infidelitate et proditione , by philip de arci knight , coram rege et curia regis , and attached for to answer it . john mansell the kings chief justice profered to bayl him , and to be his manucaptor , ut staret justitiae , but he could not be heard , the king being so incensed , that he answered he would take no clergy-man for his bayl in such a case , reputing it to be high treason ; at last by the bishop of londons & others mediation & intercession , he was bayled by knights , and delivered to their custody , pro ipso hen. responsionem & justificationem rite , et judicialiter statuto termino facturum . after which by gifts and large promises he earnestly sollicited his friends to intercede for him with the king , ●nd procure his pardon ; or else , if they could not effect it ▪ to stand constantly for him in the day of peril , armis , si necesse sicut et equis communiti , which they by unanimous consent promised to doe . the king being privily informed thereof majori iracundia accensus , omnia munera et verba reconciliationis praecise refutabat , jurans quod per medium judicii districti necessario fuerat transiturus . upon this , he by intreaties and gifts procured earl richard to mediate to the king for him ; adjungens sub tremendi judicii attestatione , quod si dominus rex mortem suam , imo etiam exhaeredationem procuraret , totum regnum in ipsum regem insurgeret , & tota perturbaretur ; quod si fieret , cum sub sint aliae causae , & maxime alienigenarum injustae dominationes , & anglorum oppressiones , non sedaretur schisma ventilatum . the earl hereupon most effectually interceded for him , and the peace of the realm , but could not mitigate the kings wrath and indignation . in march there was a great parliament held at london , where henry was appointed to appear and answer ; who came thither guarded with a great multitude of souldiers of his wives , and his own kinred and friends : whereupon the king being highly incensed , he was on every side grievously assaulted and accused by his adversaries , and by the king more heavily than the rest ; imponens eidem inter caetera , quod totum regnum perturbavit , et barnagium universum contra ipsum regem exasperavit : unde seditio generalis imminebat . fecit igitur acclamari voce praeconia londini et in curia , ut si quis aliquid habere actionis vel querelae adversus henricam de bathonia , veniret ad curiam ante regis praesentiam , ubi plene exaudiretur . insurrexerunt igitur multi queruli contra eum , ita quod unus etiam sociorum suorum , scilicet justitiarius palam protestaretur , quod unum facinerosum convictum & incarceratum abir● permisit impunitum , sine judicio , opimis respectus muneribus : quod factum est in regis praejudicium , & justitiariorum comitum suorum periculum et discrimen . rex igitur magis inde provocatus , ascendit superius , exclamavitque , dicens : si quis henricum de bathonia acciderit , quietus sit a morte ejus , & quietum eum protestor : & sic propere recessit rex . et fuerunt ibi multi , qui in ipsum henricum hostiliter irruissent , nisi domini johannis mansel prudentia eorum impetum temperans , refranasset : dixit enim , domini mei et amici , non est necesse quod in iu●a praprepere dicitur , prosequamur . poenitebit forte dominum nostrum jam elapso irae tempore haec innotuisse . praeterea , si aliquid ●iolentiae ipsi henrico intuleritis , ecce episcopus londinonsis , qui spiritualem , et alii amici ejus militares , qui vindictam exercebunt materialem , et sic in magna parte cessavit . extunc igitur procurante efficaciter comite richardo et episcop● memorato , mitius actum est cum eo . dictum enim est domino regi secretius , quod mirum est , quod aliquis ei curat servire , cum eis post ministerium etiam mortem nititur inferre . promissa igitur quadam pecuniae summa , a mortis discrimine recessit liberatus . after which he paying to the king marks for a fine , and being reconciled to the king , ad curiam est reversus , immemor laqueorum quos evaserat . here we have , . a corrupt judge accused of bribery by others , and by the king of rebellion and sedition , and that before the lords in parliament . ly . a proclamation for all that were grieved to complain against him . ly . a rash unjust sentence given against him by the king himself , for any man that would to kill him , with impunity . ly . the lords opposition and contradiction of this sentence , and its execution as unjust and dangerous . ly . a remission of his sentence by the lords mediation , and a fine imposed and paid to the king for his offences . in the year of king henry the . at the parliament held at winchester , (f) divers commoners , as well as lords were attainted and condemned of high treason , for levying war against the king ; their persons imprisoned , their lands and goods confiscated , and the liberties of the city of london forfeited by judgement of the lords . anno ● . (k) king edward the . held a parliament at london , at which time , rex auditis multorum queremoni●● ▪ fere justiciarios omnes de falsitate deprehensos , a suo officio deposuit , puniens eos juxta demerita gr●vi m●a , by the advice of his lords in parliament . it appears by the clause roll of e. . m. . dorso , and rot. finium , e. . m. . in schedula , that in a parliament held at stamford e. . the commons of england exhibited sundry articles of complaint to the king : amongst others , that they were not used as they ought to be by the great charter , in taking prises and purveyances without mony , &c. that the king by his ministers took ijs . of every tun of wine , and ijs . a cloth from merchants aliens , and d. pur aver de poys , to the damage of his people , and hinderance of trade : which new impositions being against law , the king promised to redress for the future , and to content himself with the prises and customs antiently due . they likewise complained of the abuses , oppressions , and extravagances of purveyors , constables of castles and escheators , and abuses of protections and pardons granted by the king to murderers and other malefactors to their incouragement ; whereto redress was promised . in their . article , they complained , that the knights , citizens and burgesses of parliament came up with divers petitions for matters not remediable at the common law , and could not finde to whom to deliver them . whereunto was answered ; the king willed , that in his parliaments for time to come , certain persons should be appointed to receive petitions ; and that they should be delivered to his council , as was used in the time of his father , and examined and answered by him , with their advice . whence we find in (l) all our parliament rolls ever since in the beginning of every parliament certain persons nominated by the king and lords , being members or assistants of the lords house , to receive the several petitions of england , ireland , scotland , gascoigne , iersey , gernsey , alderney , and other isles ; and other persons of the lords house appointed to trie , examin and answer them in the kings name and behalf ; as he by their advice shall think meet ; and sundry petitions of grievances of all kinds presented to them , and answered accordingly by the king and lords in every parliament , as well by the whole house of commons , as by particular counties , cities , corporations and private persons ; a most clear evidence , that the king and lords are the sole judges of all criminal and civil causes and grievances of the commons in parliament , since they thus constantly petition them for redress ; and that the commoners are only petitioners , not judges , as the parliament roll of h. . n. . resolves in direct terms . claus . e. . m. . dors . the chaplains of the house of converts exhibited a petition in parliament against adam de osgodby the keeper thereof , for putting them out of their lodgings , and placing his clerks therein , they being founded by king h. . to pray and sing masses for his and his ancestors souls , and not to lodge the clerks of the chancery . upon consideration of the petition by the lords and councel in parliament , it was referred to the chancellor to examin and determine ; tanquam principali custodi omnium hospitalium et domorum de eleemosyna domini regis fundatorum , ut ipfe inde faceret quod de jure esset faciendum . he sends a commission to the house to inquire the truth of the complaint , and finds the complaint unjust , and that the keeper of the house was falsly charged , and that especially by william de okelines , being one of the chaplins , whereupon consideratum est per cancellarium , quod willielmus idem nihil haberet de contentis in petitione sua praedicta sed quod committeretur ad custodiam suam pro fals● querela sua castigandus , juxta discretionem dicti custodis . pasch . e. . norfolk : the archdeacon of norfolk was accused for citing the countess of warren , being the kings neece , and divorced from her husband , to the damage of the king l. and it was adjudged by the lords in parliament against the archdeacon , quod nec citatio , nec summonitio fieri debet versus eot qui sunt de sanguine regis , quia illis major reverentia debita est ; and therefore he was fined . ( ) about the year . when the northumberland soldiers ▪ ( like some in this age ) raised against the scots , de tyron●bus facti sunt tyranni , de defensoribus destructores , de propugnatoribus proditores , &c. one ( ) john tanner said openly , that he was heir of england . therefore at northampton before the king and lords , he was proved false , and hanged and drawn . see more of him in fabians chronicle ▪ part . . anno . p. . who relates , that he reported he was son to king edward the . but was stoln out of his cradle by a false nurse , and edward who was anothers son , laid in the cradle for him ; and that he had a fiend in form of a c●t whom he served . years , which assured him he should be king of england . * in the parliament of . e. . the prior of trinity in london , and bago de clare were attached , brought into the parliament , there fined a l. to edmond earl of cornwal , and marks to the abbot of westminster , and committed to the tower of london , by judgement of the king , earls , barons , and iustices in full parliament , for citing and attaching the said earl of cornwal in westminster hall , to appear before the archbishop sitting the parliament , whereof he was a peer , against his privilege , and the privilege of sanctuary granted to the abbot of westminst . and remained prisoners there till they put in sureties , and paid the l. fine to the earl , notwithstanding their plea of ignorance of these their privileges . in the parliament of e. . n. , , , , . sir simon bereford knight , john mautravers , boso de bayons , john deverall , thomas de gournay , and william of ocle , confederates with roger mortimer earl of march , in all his treasons and misdoings , for which he was then impeached and condemned , and guilty of the murders of king edward the . after his deposition , in berkley castle , and of the earl of kent his brother ; were attainted and condemned of high treason by the lords , barons & péers in parliament , as iudges of parliament , though they were commoners , and not their péers , whom they were not at all obliged to judge as péers : adjudging them by the kings assent , as traytors and enemies of the king and his realm , to be drawn and hanged : whereupon sir simon being in custody , was executed by the marshal ; and proclamation made by the kings writs by the lords order , to apprehend the others , with promise of great rewards to those who should apprehend them , that they might be executed ; and if they could not take them alive to bring in their heads , for which thty should receive the reward of l. from the king. it is true indeed , that after these judgements given the lords the same parliament entred this special protestation in the parliament roll n. . against being forced to give judgement in such cases against those who were not their peers ; which * sir edward cook stiles an act of parliament , though it be no such thing , but a voluntary protestation of the lords , with the kings assent . it is assented and agreed by our lord the king , and all the great men in full parliament , that albeit the said péers , as iudges of parliament , took upon them in the presence of our lord the king , to make and render the said judgements by assent of the king , upon some of those who were not at all their peers , and that by reason of the murder of our leige lord , and destruction of † him who was so near of the bloud royal , and son of a king ; that thereby the peers which now are , o● the péers which shall be in time to come , shall not be bound or charged to render iudgements upon others who are not their péers ; nor yet to doe it but upon the péers of the land , but that they shall from henceforth be for ever acquitted thereof . and that the said iudgements now rendered , shall not be drawn into example nor consequence for time to come , whereby the said peers may be charged hereafter to adjudge others than their peers , against the law of the land , if such another case should happen , which god defend . from this protestation of the lords ( which lilburn principally insists on ) he and † some others conclude ; that the peers in parliament have no right at all to imprison , fine , judge , or pass sentence of death against any commoner for any offence , no , ( not for breach of their own privileges ) but only the commons , to which objection i answer : first , that this is no act of parliam . as sir e. cook mistakes , but a bare protestation of the lords alone , assented to by the king , without the commons assent , which no wayes impeacheth the lords right of judicature . secondly , that neither the house of commons , nor the commoners then attainted of treason , and adjudged to death by the lords , ever demurred or excepted against their jurisdiction , as lilburn and overton doe , but acknowledged and submitted to it . thirdly , that in this very protestation the lords profess and justifie their right of being jvdges in parliament , without admitting or acknowledging any joynt or sole right of judicature with them in the commons . fourthly , that this protestation was meerly voluntary , not in derogation , but preservation of their own honour , right , peerage , and the parliaments privileges too ; the substance of it is no more than this ; that the lords should not be constrained against their wills by the kings command , and in his presence , to give judgement of death in ordinary cases of treason or felony in the high court of parliament , or elsewhere out of it , against such who were no peers , who in such cases † by the law might , and ought to be tried in the kings courts at westminster , or before the iustices of oyer and terminer by a iury of their equals ; but only in cases which could not well be tried elsewhere ▪ and were proper for their judgement in parliament ; they fearing that by this president in parliament they might be sworn and impannelled on juries in cases of treason committed by commoners , against the great charter , c. . and the privilege of their peerage , which exempted them being sworn or put into juries , as fitz. nat. brev . f. . e. . f. . exemption . . ass . . h. . f. . b. this is the whole summ and sence of their protestation . to argue therefore from hence , that they cannot pass sentence , or judgement against any commoners in any case proper for their judicature in parliament , because they protested only against being compelled to give iudgement against such as were no peers , in cases triable elsewhere , and not proper for their tribunal ( as the objectors hence conclude ) is quite to mistake their meaning , end , & to speak rather non-sence , than reason or law. fifthly , this protestation was made only against the lords giving sentence in felony and treason , and that in the kings own presence in parliam . ( who usually pronounced the judgment himself , or by some other , with the lords assent , & did not charge the lords to pronounce it , as here ) not against sentencing , fining , imprisoning any commoner for rayling and libelling against their persons , jurisdiction , and procedings ; or refusing to answer , and contemning their authority to their faces at the barr ; or appealing from their judicature in case of breach of privilege , of which themselves alone and no others are or can be judges ; the cases of lilburn and overton ; whose commitments are warranted by hundreds of presidents , in this and former parliaments . therefore for them to apply this protestation to their cases , with which it hath no analogy , is a manifestation of their injudiciousness and folly , rather than a justification of their libellous invectives against the lords injustice . sixthly , the lords gave judgement against all these persons by the kings command in their absence , without any indictment , hearing , trial , witnesses heard or examined against them face to face , or due process or law , against the great charter and law of the land. and this was the main reason of this their protestation , as the close of it shews , to prevent such dangerous presidents for the future . upon which ground the judgements they then gave against roger mortymer & john mautravers were reversed in the parliament of e. . n. . e. . n. . to . lastly , this protestation did not foreclose the lords in this or future parliaments to give judgement against commoners in other cases of felony and treason , even without the commons , which i shall prove by some other instances . in the parliament of ed. . n. . ( ) sir thomas berkeley knight was arraigned and tried by a jury for treason , as being guilty of the death of king edward the . committed to his custody , who pleaded not guilty , and was tried in full parliament before the king by a jury , and by them acquitted : which case being rare and memorable , i shall here insert the whole record . thomas de berkele miles venit coram domino rege in pleno parliamento suo praedicto , et allocutus hoc : quod eum dominus edwardus nuper rex angliae , pater domini regis nunc , in custodia ipsius thomae , et cujusdam johanuis mautravors nuper extitit collatus ad salvo custodiendum in castro ipsius thomae apud berkele , in com. gloucestriae , et in eodem castro in custodia ipsorum thomae & johannis murdratus extitit , et interfectus , qualiter se velit de morte ipsius regis acquietare ? dicit , quod nunquam fuit consentiens , auxilians , seu procurans ad mortem suam , nec unquam scivit de morte sua usquam in praesenti parliamento isto , et de hoc paratus est acquietare se , prout curia regis consideraverit . et super hoc quaefitus est ab eo , ex quo ipse est dominus castri praedicti , et idem dominus rex in custodia ipsorum thomae & johannis extitit liberatus ad salvo custodiend . & ipsi custodiam ipsius regis recepe●unt , et acceptarunt , quali er se excusare possit quin de morte ipsius regis respondere debeat ? et praedictus thomas dicit , quod verum est quod ipse est dominus castri praedicti , et quod ipse simul cum johanne mautravers , custodiam ipsius regis recepit ad salvo custodiend ; ut praedictum est . sed dicit , quod eo tempore quo dicitur ipsum dominum regem esse murdratum et interfectum fuit ipse taliter tanta infirmitate apud bradeley extra castrum praedictum detentus , quod ei currebat memoriae . et super hoc dictum est ei , quod ex quo cognovit , quod ipse simul cum dicto johanne custodiam ipsius domini regis obtinuit , ut praedictum est , et ipse custodes et ministros sub se posuit ad custodiam de eo faciendam , si per aliquam infirmitatem excusari posset , quin respondere debuit in hac parte ? et praedictus thomas dicit , quod ipse posuit sub se tales custodes et ministros in castro praedicto pro custodia facienda , a quibus ipse se confidebat , ut de seipso , qui custodiam ipsius regis simul cum praedicto johanne mautravers inde habuerunt , unde dicit , quod ipse de morte ipsius domini regis auxilio , assensu , seu procuratione mortis suae , in nullo est inde culpabilis . et de hoc de bono et malo ponit se su●er patriam . ideo venerint inde juratores coram domino rege in parliamento suo apud westm . in octabis sancti hilarii proxime futuri , &c. ad quam diem venit praedictus thomas coram domino rege in pleno parliamento , ac similiter juratores , scil . johannes darci , iohannes de wisham , willielmus trussell , rogerus de swyneuerton , constantius de mor●imer , iohannes de sancto phileberto , richardus de rivers , petrus hussey , iohannis de dynton , richardus de la rivere , robertus dabenhate , & richardus de corveyes , omnes milites , qui dicunt super sacramentum suum , quod praedictus thomas de berkelie , in nullo est culpabilis praedicti domini edwardi regis , patris domini regis nunc , nec de assensu , auxilio , seu procuratione mortis ejusdem . et dicunt , quod tempore mortis ejusdem domini edwardi regis , patris domini regis nunc , fuit ipse tali infirmitate gravatus apud bradely extra castrum suum praedictum , quod de vi●a ejus desperabatur . ideo idem thomas inde quietus : & juratores quaesiti , si idem thomas unquam substraxit se occasione praedicta ? dicunt , quod non : et quia idem thomas posuit custodes et ministros sub se , scil . thomam de gourney , et willielmum de ocle ad custodiam de ipso domino rege faciendam , per quod idem dominus rex extitit murdratus et interfectus , datus est ei dies coram domino rege nunc in proximo parliamento suo , de audiendo judicio suo , &c. et praedictus thomas de berkelei interim committitur radulpho de nevill mareschallo hospitii domini regis , &c. it is observable that though edward the . was murdered after he was deposed by this parliament , yet he is still ●●lled a king in this indictment , and record , and his murder adjudged treason in those who did it . after his acquittal he put in mainpernors to appear in the next parliament , (m) where appearing , he and his mainpernors were discharged , but yet himself ordered to appear again the ensuing parliament , as appears by the parliament roll of e. . n. . (n) william thorp chief justice of the kings bench , and one of the justices of assize in the county of lincoln , in the year of ed. the . against his oath took l. of richard saltley , l. of hildebrand , of beresward l. of gilbert holliland l. and l. of ro. daldorby to stay an exigent upon an indictment of diverse felonies , that should have issued against them ; whereupon he was indicted before the earls of arundel , warwick , and huntingdon , the lord gray and lord burghers , anno e. . to whom the king by commission referred the examination of the businesse , before whom he could not deny , but confessed the bribery . ideo consideratum est per dictos justiciarios assignatos , ad judicandum secundum voluntatem regis , et secundum regale posse suum ; quod quia praedictus willielmus thorp● , qui sacramentum domini regis quod erga populum suum habuit custodiendum fregit malitiose , false et rebelliter , in quantum in ipso fuit , & ex causis supradictis ipsum willielmum expresse cognitis , ideo suspendatur , et quod omnia terra et tenementa , bona et catalla sua remaneant forisfacta . the king by a writ under the privy seal , stayed his execution , and sent him prisoner to the tower. in the parliament of ed. . nu . . command was given , (o) that the record of this judgement against judge thorp should be brought into the parliament , and there read openly before the lords , to have every of their advice concerning it , whether this iudgement were legal or not ? et nullo contradicente , all the lords affirmed the judgement to be legal and good , considering that he against his oath received bribes : and therefore it was agreed by all the lords , that if the like case should hereafter happen , the king might take to him such nobles as he should think meet , and therein do according to his pleasure . provided this judgement should not be drawn into example against any other officers who should break their oaths ; but only against those , qui praedictum sacramentum fecerunt ( of justices ) et fregerunt , et habent leges regales angl. ad custod . here the lords were sole judges of the judge , who was a commoner , and gave judgement against him without the commons , yea declare the law in this new case , both in and out of parliament . (t) in the parliament of e. . n. . the commons by divers bills complained to the lords of divers extortions , grievances , prejudices done to the king and commons by john wattenham , and walter de cheriton merchants , who desired the king would command them to come before the council & lords in parliament , to answer what should be objected , and clear themselves . (u) in the parliament of e. . n. , , , . the commons accused richard lyons merchant of london of divers deceits , extortions , and misdemeanors , whiles he was farmer of the customs and last subsidy , for transporting wools , and staple commodities , procuring new impositions on staple ware , for buying debts from the kings creditors at under rates , and making the king to pay the whole , for taking of bribes , and defrauding the king. to some of which charges he answered , and to the rest submitted himself to the king touching body , lands and goods . whereupon the lords adjudged him to prison during the kings will , that his lands tenements and goods should be seised to the kings use , that commissions should issue throughout all england to inquire of his extortions , whiles farmer of the subsidies , and that he should be disfranchised . upon this judgement , in the fine roll of e. . m. , , . there issued out writs for the arresting and selling the goods of richard lyons to the kings use , which were his on the of march , certis de causis coram nobis et concilio nostro in praesenti parliamento nostro propositis , &c. per concilium in parliamento . the same (x) parliament , e. . n. , . william ellis of great yarmouth was accused by the commons of sundry extortions whiles he was deputy farmer of the kings subsidie to richard lyons ; to which he seemed sufficiently to answet ; yet was by the lords adjudged to prison , and to make a fine at the kings pleasure . ibidem , num. . iohn peach of london was impeached by the commons for procuring a license under the great seal , that he only might sell sweet wines in london , by colour whereof he took s. d. of every man for every tun thereof sold , which he justified he lawfully might doe : notwithstanding judgement was given against him by the lords , that he should be committed during the kings pleasure , and make recompense to all parties grieved . num . adam de bury was accused of divers deceits and wrongs done by him whiles mayor of callice , and captain of bellingham . being sent for to come to the parliament , he came not , nor could he be found . thereupon the lords agreed , that all his goods and chattels should be arrested , and so they were . all these commons were first impeached by the commons , and thus judged and censured by the lords in this good parliament , as historians and others stile it : and in the commons petitions therein , there are divers petitions of grievances from sundry counties , towns , persons , complaining of wrongs and grievances , presented to the king and lords for redresse of oppressions , extortions , monolies , &c. in the (y) parliament of r. . n. , , . dame alice p●etrees was brought before the lords by sir richard scroop knight , and there charged for pursuing matters at the court , contrary to an order made in the parliament , of e. . n. . and procuring king edward to restore richard lyons to his lands and goods , &c. she denied she pursued any such thing for singular gain , against that ordinance ; whereupon diverse officers , counsellers , and secretaries of king edward . were examined against her , who proved she made such pursutes , and that for private gain in their conceits . whereupon the lords ( alone , without the commons ) gave iudgement against her , that she should be banished according to the order aforesaid , and forfeit all her lands , goods , and tenements to the king , the same (y) parliament ; r . n. , . the lords committed william fitz-hugh goldfiner , and citizen of london to the tower , for refusing to averr a petition exhibited by him in the name of the poor commonalty of that mystery , complaining against john chichester and john bolcham of the same mystery , of divers oppressions done by them to the said commonalty . in this very (e) parliament of r. . n. , , . the commons prayed , that all those captains who had rendred or lost castles or towns through default , might be put to answer it in this parliament , and severely punished according to their deserts by award ( or judgement ) of the lords and barons , to eschew the evil examples they had given to other governors of towns and castles . whereupon sir alexander de buxton constable of the tower , was commanded to bring before the lords in parliament william de weston , and lord of gomynes ( both of them commoners ) on friday the of november , to answer such articles as should be surmised against them on the kings behalf . being brought before the lords in full parliament , they were severally articled against at the command of the lords , by sir richard le scrop knight , steward of the kings house ; and their several articles , and answers to them in writing , read before the lords ; which done , the constable was commanded to bring them again before the lords on saturday next ensuing , being the of november ; on which day it was shewed unto them severally by the said steward , by the lords command ▪ that the lords of the parliament ( whose names are particularly mentioned in the roll ) had met together , and considered of their respective answers , and that it seemed to the lords aforesaid , that the said william had delivered up the castle of on●herwycke to the kings enemies , without any duress or want of victuals , contrary to his allegiance , and undertaking safely to keep it ; and therefore the lords above-named sitting in full parliament adjudge you to death , & that you shall be drawn & hanged . but because our lord the king is not informed of the manner of the judgement , the execution of it shall be respited till the king be thereof informed . after which judgement given , it was shewed to the said john lord of gomynes by the said steward , how the said lords had assembled and considered of his answer , and that it seemed to the lords sitting in full parliament , that without duresse , or default of victuals or other necessaries , for the defence of the town & castle of arde , and without the kings command , he had evilly delivered and surrendred them to the kings enemies by his own default , against all appearance of right or reason , contrary to his undertaking safely to keep the same ; wherefore the lords aforesaid here in full parlia-adjudge you to death . and because you are a gentleman and a baronet , and have served the kings grandfather in his wars , and are no liege man of our lord the king , you shall be beheaded , without having other judgement : and because that our lord the king is not yet informed of the manner of this judgement , the execution thereof shall be put in respite until our lord the king be informed thereof . loe here two express judgements given in parliament by the lords alone , without king or commons in case of treason , even against commoners themselves . and an express acknowledgement by the commons of the lords right to award iudgement in these cases , without the king or them ; than which a fuller and clearer proof cannot be desired . ( ) in the parliament of r. . n. , . sir robert howard knight was committed prisoner to the tower upon the complaint of the lady nevil by the lords in parliament , for a forcible imprisonment of her daughter , to which he was accessory , that she might not prosecute a divorce in court christian . ( ) in the year of king edward the . ( in the parliament called the good parliament ) sir john anneslee knight , accused thomas katrington esquire of treason , for selling the castle of st. saviour in the isle of constantine to the french for an inestimable sum of money , cum nec defensio sibi , nec victualia defuissent : whereupon he was taken and imprisoned , but in king edwards sickness , enlarged by the lord latymers means ( as was reported . ) in the parliament held at london ( anno . the . of r n. . ) he was again accused by sir john anneslee , and there resolved , that being a treason done beyond sea , not in england , it ought to be tried by duel before the constable or marshal of the realm . whereupon a day of battel was appointed in the court at westminster the . of june , and lists set up . on which day in the morning they fought the battel in the presence of the king , nobles and commons of the realm ( which walsingham at large describes ) till both of them were tyred , and lay tumbling on the ground ; where the esquire got upon the knight , as if he had conquered him : others said , the knight would rise again and vanquish the esquire . interea rex pacem clamari pr●cepit , et militem erig● . the knight refused to be lifted up as the esquire was , desiring he might be laid upon him again , for he was well , and would gain the victory , if he were laid upon him again . when he could not obtain his request , being lifted up , he went chearfully to the king without help , when as the esquire could neither stand nor go , but as two held him up ; and thereupon was set in a chair to rest himself . the knight when he came before the king ▪ rogavis eum et proceres , ut sibi illam concederunt gratiam , ut it●rum in loco quo prius , posset reponi , et armiger super eum . rex vero et proceres , cum vidissent mili●em tam animose , ●am vivide bellum repetere , et insuper magnam summam auri offerre publice ut id posset effici , decreverunt eum iterum reponendum , & armigerum super eum , modo universaliter servato quo ●acuerant ante prostrati . but the esquire in the mean time in a swoun , fell out of the chair as dead , between the hands of those who stood by him . whereupon many running to him , chafed him with wine and water , but could not recover him till they pulled off his arms . quod factum et militem victorem probavit , & arm gerum esse victum . after some space the esquire reviving , opened his eyes , and began to lift up his head , and to look terribly on every one that stood round about him : which the knight being informed of , went presently to him in his arms which he never put off , and speaking to him , et proditorem et falsum appellans , quaerit si iterum audeat duellum repetere ? ille verò nec sensum , nec spiritum habente respondendi ; ●lamatum est pugnam finitam , et ut quisque ad propria remearet . the squire was carried to his bed senceless , and died the next morning . here we have a duel ordered by parliament , and the king and lords iudges in it , not the commons , for a treason done beyond the seas not triable here by law. in the ( ) parliament of r. . n. . to . sir ralph ferrers being arested for suspition of treason on the borders of scotland , was brought into the parliament before the lords , to answer the same : where divers letters under his hand and seal ( as was pretended ) were produced and read against him , sent to the lord admiral of france , and other french officers , informing them , that he in the behalf of the french had made a league and alliance with the scots , and desiring them to make payment of the monies promised him , and of his own fee , and inviting the french to invade england , &c. with discoveries of the kings designs against the french , and answers to them . sir ralph desired counsel in this case , which was denied him : these letters were found by a beggar besides london ; divers of his familiars were called into the parliament house before the lords , and likewise the beggar , and the whole matter strictly examined : the letters sent by sir ralph to the parties beyond seas , and certain letters sent by them in answer to his , were all sealed together , and all of one hand , and the seal larger than the seal of the said sir ralph , whereupon they seemed to be forged by some of his enemies for his overthrow ; himself being once or twice urged to answer , whether the letters were his , or no ? answered , that he did not remember they were his own letters , and that he was ready to approve , as the lords should think fit ; having formerly offered combate with any that would justifie it , from which he was put . in conclusion , the lords thought him to be innocent : whereupon he was delivered to . earls , and . lords , who became pledges body for body , to answer when he should be called between that and the next parliament , and so he was inlarged . the letters and his seal were delivered to sir john cavendish chief justice of england , and the beggar being thought privy to this falshood , was committed to prison by the lords . in the ( ) parliament of r. . n. , . richard clindow esquire exhibited a bill to the king , wherein he accused sir william cogan knight , for extorting l. by menaces from the prior of st. iohns ; sir william appearing upon summons , prayed counsel , which was denied , for that it concerned treason ; whereupon he pleaded not guilty . after which the same parliament , n. . to . the mayor , baylifs and commonalty of cambridge were accused before the king and lords , that in the late insurrection , they confederating with other malefactors , did break open the treasury of the university of cambridge , burn sundry charters of the university , and compel the chancellor and scholars under their common seal to release to the said mayor and burgesses all manner of liberties , real and personal actions , and also to become bound to them in great sums of money . whereupon special writs were directed to the mayor , baylifs and commonalty to appear in parliament to answer the premises . the mayor and baylifs appear in person , and plead ; that they 〈◊〉 not privy to any such act , but if any thing was done it was by compulsion by others , which the kings learned counsel disproved ; whereupon they pleaded not guilty : the commonalty appeared by attorney , and delivered in the release and bond of the university complained of under their seal , which were ordered to be cancelled . after which the chancellor and scholars of the university exhibited articles against the mayor and baylifs , shewing their whole carriage and discourse in this tumult . upon reading whereof , it was demanded of them in the kings behalf , what they could say why their liberties lately confirmed should not be seised into the kings hands as forfeited ? they thereupon required a copy of the articles , councel , and respite to answer . to the copy of the bill , it was answered by the lords , that seeing they had heard it read , it should suffice , for by law they ought to have no copy . for councel , it was said ; that to such articles , if any were wherein councel was to be had , they should have it ; otherwise not . wherfore they were then appointed to answer to no crime or offence , but only to their liberties . to which they answered by their council ; that this court ought not to have any conusance or jurisdiction of them for certain causes then alleged . but at last they were ordered to say what they could , otherwise they would give iudgement against them , as those who had nothing to say . whereupon they pleaded , they did nothing but by duress and constraint of the rebels . at last , after many dilatory shifts , touching their liberties , they wholly submitted themselves to the kings mercy and grace , saving their answer to other matters . the king therefore by the assent of the prelates and lords in parliament ( ●o is the rol● ) seised their liberties into his hands as forfeited ; and by assent of the lords and prelates in parliament , granted to the chancellor and scholars the assise and correction of bread , weights , measures , and forestallers , and fines thereof within the town and sub●rbs of cambridge which the townsmen had before . the king , lords , and prelates being judges , and giving the judgement in this case of commoners , as the record a ●ge attests . ( ) walsingham relates , that in a parliament holden at london this year about the feast of st. john , upon the petition of the knights of shires , john straw , captain of those in the insurrection at bury and myldenhale , tractationi et suspentioni adjudicatur , ( to wit by the king and lords ) licet multi putassent eum fuisse pecunia redimendum . ( ) in the . year of r. . rege vocante congregati sunt multi de nobilibus regni apud rading ; to restrain the seditious motions of john de northampton , late mayor of london , qui ingenia facinora nisus est , de quibus et convictus est ibidem , his familiar clerk accusing him , both of divers practises and designes projected by him , as well to the prejudice of the king , as of the whole city of london , and objecting them against him . when judgement was to be given against him in the kings presence , he pleaded , that such a judgement ought not to be given against him in the absence of the duke his lord ; whereby he raised a sinister suspition as well in the people , as nobles , against the duke ( of lancaster . ) the justice ( who was to pronounce the judgement ) told him , he ought to refute his charge by duel , or by the laws of the realm to submit himself to drawing , hanging , and quartering . at which when he stood mute and said nothing , decretvm est , ut perpetuo carceri tradiretur , et e●us bona regis usibus confis●arentur , & ut londonias non appropinquaret per centum miliaria in vita sua : whereupon he was sent prisoner to tyntagel castle in cornwall , and his goods seised on by the kings officers . ( ) in the parliament of r. . holden at westminster the monday next before the feast of all saints ▪ num . . bryers cressingham , and iohn spic●worth esquires , were accused before the lords for surrendring the castle of drinkham in flanders to the kings enemies for money , without consent of the kings lieutenant . spickworth proved , that the same was not in his custody ; and thereupon he was discharged . cressingham pleaded , that he yeelded the same upon necessity , without money , and submitted himself to the lords order : who thought this no good cause ; and therefore committed him to prison . the same parliament , n. , . sir william de elinsham , sir thomas trivet , sir henry de ferriers , and sir william farnden knights , and robert fitz-ralph esquire , were accused before the lords in parliament for selling the castle of burburgh , with all the arms , ammunition , and provisions therein to the french , the kings enemies ▪ for sundry summs of gold received by them of the french , without authority from the king or his lieutenant : who pleaded , they surrendred it for salvation of themselves and their people , &c. after all their excuses made ; they were upon consideration , adjudged insufficient by the lords ; and the chancellor , by their order , pronounced this judgement against them , that they should repay all the monies they received from the enemy to the king ; be committed to prison ; ransomed at the kings will ; and moreover , that sir will. de farnden ( being the greatest offender ) should be at the kings mercy both for body and goods , to do with them as he pleaseth . ( ) in this parliament there was a duel fought between john walsh an english esquire , and one of navarr : who accoused him of treason against the king and realm effectually ▪ but yet falsly out of envy ; walsh having layen with his wife whiles he was under captain of cherburgh ; as he afterwards confessed . this due● was fought within the lists in the presence of the king and nobles of the realm , where this navarrois being vanquished by walsh , regali jvdicio tractus et suspensus est , quanquam regina et plures alii pro eo preces sedulas porrexissent . ( ) in the . of parliament of r. . n. . . john cavendish a fishmonger of london , praying surety of the peace against sir michael de la pool knight , lord , chancellor of england ; first before the commons , and afterward before the lords , which was granted : then he accused him before the lords for bribery and injustice ; and that he entered into a bond of l. to iohn ottard , a clerk to the said chancellor , which he was to give for his good success in the business : in part of payment whereof , he brought herring and sturgeon to ottard , and yet was delayed and could have no justice at the chancellors hands : upon hearing the cause , and examining witnesses upon oath before the lords , the chancellor was cleared : the chancellor , thereupon required reparation for so great a slander : the lords being then troubled with other weighty matters , let the fishmonger to bail , and referred the matter to be ordered by the judges ; who upon hearing the whole matter , condemned cavendish in three thousand marks for his slanderous complaint against the said chancellor , and adjudged him to prison till he had paid the same to the chancellor , and made fine and ransom to the king also : which the lords confirmed . ( ) in the parliament of r. . n. . walter sybell of london was arrested and brought into the parliament before the lords , at the sute of robert de veer earl of oxford , for slandering him to the duke of lancaster , and other nobles , for maintenance : walter denied not but that he said , that certain there named , recovered against him the said walter , and that by maintenance of the said earl , as he thought . the earl there present protested himself to be innocent , and put himself upon the trial . walter thereupon was committed to prison by the lords , and the next day he submitted himself , and desired the lords to be a mean for him , saying ; he could not accuse him : whereupon the lords convicted and fined him five hundred marks to the said earl ; for the which , and for his fine and ransom to the king he was committed to prison by the lords . a direct case in point . by these two last presidents of the lords ●ining and imprisoning cavendish and syber ▪ two commoners in parliament , for their standers and false accusacions only of two particular peers and members of their house , it is most apparent , the lords now may most justly , not only imprison , but likewise fine both lilburn and overion for their most scandalous libels ▪ against all the members just privileges , judicatory , and authority of the whole house of peers , which they have contemned , vilisied , oppugned , and libelled against in the highest degree , and most scurrillously abused , reviled in sundry seditious pamphlets , to incite both the army and whole commonalty against them . ( ) in the parliament of r. . the duke of glocester and other lords came to london with great forces to secure themselves , and remove the kings ill counsellors and bring them to judgement ; whereupon the king for fear securing himself in the tower of london , and refusing to come to them at westminster , contrary to his faithfull promise the day before , they sent him this threatning message ; nisi venire maturaret juxta condictum , quod eligerent alium sibi regem qui vellet et deberet obtemperare consiliis dominorum . wherewith being terrified ▪ he came unto them the next day : cui dixerunt proceres , pro honore suo , & regni commodo , oporter●● , ut proditores , susurrones , adulatores , et male fici detractores & juratores , à suo palatio et comitive etiam eliminarentur ; whereupon they banished sundry lords , bishops , clergy-men , knights and ladies from the court , and imprisoned many other knights , esquires , and lawyers , to answer their offences in parliament . the first man proceeded against in parliament , was the chief justice tresylian , whom the lords presently adjudged to be drawn and hanged . the like iuegement the lords gave against sir nicholas brambre knight , sir iohn salisbury , sir iames burw●yes , iohn beauchamp , iohn blakes ▪ who were all drawn and hanged accordingly as tray●ers one after another : and simon burly beheaded after them , by like judgement , notwithstanding the kings , and earl of derbies intercessions for him to the lords . after their execution , robert belknap● , john hol● , roger fulthorp , and william burgh , justices , were banished by the lords sentence , and their lands and chattels confiscated , out of which they allowed them only a small annual pension to sustain their lives . after which these judgments against them were confirmed by acts of attainder , as you may read in the statutes at large of r. . where their crimes and treasons are specified , in cokes institutes , c. . p. , . and in knyghton , holinshed , fabian , speed , trussel , with other historians . in the (m) parliament of r. . n. . upon complaint of the bishop , dean and chapter of lincoln against the mayor and bayliffs thereof , for injustice in keeping them from their rights and rents , by reason of the franchises granted them , which they abused ; writs were sent to the mayor and baylifs , to appear at a certain day before the lords , and to have full authority from the whole comonalty to abide their determination therein : at which day the mayor and bayliffs appearing in proper person ; for that they brought not full power with them from the said commonalty , they were an● go● by the lords to be in contempt , and so were the mayor and bayliffs of cambridge , for the self same cause this very parliment , n. . in the (n) parliament of r. . n. . the prior of holland in lancashire , complained of a great riot done by henry treble , john greenbo● , and sundry , & others for entring into the parsonage of whitw●rke in leicestershire ; thereupon john de ellingham , serjeant at armes , by vertue of a commission to him directed , brought the said treble and greenbow , the principle malefactors into the parliament before the lords ; who upon 〈◊〉 confessed the whole matter , and were therefore committed to the flea● , there to remain at the kings pleasure : after which they made a fine in the chancery , agreed with the prior , and found sureties for the good behaviour ; whereupon they were dismissed . the same parliament , n. . sir will. bryan , was by the king with the assent of the lords , committed prisoner to the lower during the kings will and pleasure , for purchasing a bull from rome to the archbishops of canterbury and york , to excommunicate all such who had broken up his house , and taken away divers letters , privileges , and charters , which bull was adjudged prejudicial to the king ; his counc●l , and in derogation of the law. num. . thomas harding was committed to the fleet by the king and lords assent , there to continue during the kings pleasure , for falsly accusing sir john and sir ralph sutton , as well by mouth as writing , of a conspiracy , whereof upon hearing they were acquitted . and n. . john shadwell of baghsteed in sussex , was likewise committed to the fleet by the lords , there to remain during the kings pleasure , for misinforming of the parliament , that the archbishop of canterbury had excommunicated him and his neighbours wrongfully in his spiritual cour● , for a temporal cause belonging to the crown , and common law , which was adjudged by the lords upon examination to be untrue . to passe by the accusation of sir philip courtney , of divers hainous matters , oppressions , dissensions before the king and lords in the parliament of r. . n. . , . of which more anon . in the parliament of r. . n. , . (o) john duke of lancastre steward , and thomas duke of gloucester constable of england complained to the king , that sir thomas talbot knight with other his adherents conspired the deaths of the said dukes in divers parts of cheshire , as the same was confessed and well known , and prayed , that the parliament might judge of the fault . whereupon the king and the lords in parliament ( without the commons ) adjudged the said fact to be open , and high treason . and thereupon they awarded two writs , to the sherifs of yorks and of derby , to take the body of the said sir thomas , retornable in the kings bench , in the month of easter next ensuing : and open proclamation was made in westminster hall ▪ that upon the sherifs retorn , and at the next coming in of the said sir thomas , he should be convicted of treason , and incurr the loss and pain of the same ; and that all such who should receive him after the proclamation , should receive the like losse and pain . in the (p) parliament of r. . n. , , . sir thomas haxey clark , was by the king & lords in parl. adjudged to die as a traytor , and to forfeit all his lands , goods , chattels , offices and livings , for exhibiting to the house of commons a scandalous bill against the king and his court , for moderating the outragious expences of his court by bishops and ladies , &c. upon the bishops intercession the king spared his life , and delivered him into the custody of the archbishop , to remain as his prisoner . in the (q) parliament of r. . n. , . pl. & parl. n. . to . the lords appellants appealed sir tho mortimer knight , of high treason , for raising war against the king , accroaching royal power , and purposing to surrender his homage and allegiance , and depose the king : who flying into the parts of ireland ; thereupon the lords in parliament assigned him a certain day to come and render himself to the law , or else to be adjudged and proceeded against as a traytor : and proclamation thereof was made accordingly in england and ireland , to render himself within months : and that after that time all his abettors and aiders should be reputed for , and forfeit as traytors . he not coming at the day , the duke of lancaster steward of england , by assent of the lords in parliament , adjudged him a traytor ; and that he should forfeit all his lands in fee and see tayl , together with all his goods and chattels . the like judgement in like manner was in the same parliament given against sir john cobham knight , for the like treason , placit . coronaen . . on the day of march , r. . n. . * the king , by assent of the lords , adjudged sir robert plesington , knight , then dead , a traytor , for levying war against him with the duke of glocester at harrengary ; for which he should lose all his lands in fee , or fee tayl , and all his goods . and n. . henry bowht clerk , for being of counsel with the duke of hereford in his device , was adjudged by the king and lords to die , and forfeit as a traytor ; after which his life was pardoned and he banished . in the parliament of h. . n. . as the * commons acknowledged , that the iudgements in parliament had always of right belonged to the king and lords , and not unto the commons : so therein the king and lords alone , without the commons , gave judgement in sundry cases , as judges in parliament . . in sir thomas haxey his case , who in his own name presented a petition in this parliament , a nostre tresedoute seigniour le roy , & a les seigniors du parliament , shewing , that in the last parliament of r. . that he delivered a bill to the commons of the said parliament for the honour and profit of the said king , and of all the realm ; for which bill , at the will of the king , he was ( by the king and lords ) adjudged a traytor , and to forfeit all that he had ; praying that the record of the said judgement , with the dependants thereupon might be vacated and nulled by them in this present parliament as erronious ; and that he might be restored to all his degrees , farms , estate , goods , chattels , ferms , pensions , lands , tenements , rents , offices , advow sons and possessions whatsoever , and their appurt . and enjoy them to him and his heirs ; notwithstanding the said iudgement , or any grant made of them by the king. * the commons house exhibited a petition likewise on his behalf , to the like effect ; adding , that this judgement given against him , for delivering this bill to the commons in parliament , was eneontre droit , et la course quel avoit estre use devant in parlement en anientesment des customs , de● le● communes . upon which petitions ; nostre seignior le roy , de induis & assent des touz les seigniors esperituelz et temporelz ad ordinez et adjudges , que le dit juggement renus vers le dit thomas in parlement soit de tout casses , revorses , repellez et adnullez , et tenus pur nul force n'effect , et que le dit thomas soit restitut a ses nom et fame , &c. nient obstant mesme le juggement . ly . in the case of judge rickhill h· . n. . on the of november , the commons prayed the king that sir william rickhill late just . of the common bench , arrested for a confession he had taken of the duke of gloucester at calice , might be brought to answer for it devant les seigniors du parlement : whereupon he was brought into parliament before the kings presence , and all the lords spiritual and temporal , and commons assembled in parliament , where sir walter clapton chief justice of the kings bench , by the kings command , examined the said sir william , how and by what warrant he went to calice , to the said duke of glocester , and upon what message ? who answered , that king richard sent him a special writ into kent ( there recited verbatim ) commanding him by the faith and allegiance whereby he was obliged to him , and under pain of forfeiting all he had , to goe unto caleys . and that at dover he received a commission from the said king by the hand of the earl marshal , to confer with the duke of glocester , and to hear whatsoever he would say or declare unto him , and to certifie the king thereof in proper person , wherever he should be , fully and distinctly under his seal . whereupon he went thither , and took the said dukes examination in writing , according to the purport of the said commission , a copy whereof the duke himself received , &c : upon the hearing of his answer and defence , every temporal lord being in full parliament examined touching the answer of the said sir william , and the matters and evidences which they had examined , said severally ; that the said william had done his message well and legally , and that in the person of the said william there was no fault nor evil touching the said message , nor any thing that he did to the person of the said duke . whereupon walter clapton chief justice of the kings bench , by command of the king adjudged and declared , that the said william should be fully excused and acquitted for ever in time to come touching this matter . ly . the * last day of this parliament , it was agreed by the king and lords , that all the remembrances called raggemans or blant●es charters , lately sealed in the city of london , and divers counties , cities and burroughs of england , should be sent to the city of london ; and from every county , city and burrough from whence they came , and writs sent to every of them rehearsing , that the king held all the resiants and inhabitants in them for his good and loyal subjects ; and that no confession by them made , comprised in the said remembrances , are nor shall be in derogation of the estate of any such person : and that the same remembrances shall be burnt and destroyed in the most open place of the said counties , cities and burroughs , and if any thing remain of record in any court , or place , the king wills that it shall be cancelled , and totally adnulled , revoked and repealed , and held for no record ; and of no force nor value for time to come . ly . the th . of november in the said parliament , placita coronae coram domino rege in parliamento suo , &c. anno regni regis henrici quarti post conquestum , primo n. . the commons prayed she king , that rhe pursute , arrest , and judgements made against sir william le scrop● knight , henry green knight , and john bassy knight , might be affirmed and held good . whereupon sir richard scroop humbly prayed the king , that nothing which should be done in this parliament might turn to his or his childrens dis-inherison . of which sir richard it was demanded , whether the said pursute , arrest and judgements were good or not ? who answered , that he feared not to say , and must confesse , that when they were made th●y were good and profitable for the king and realm , and that his son was one of them , for which he was very sorrowfull . whereupon the king rehearsed , that he claimed the realm and crown of england , with all their members and appurietenances , as heir of the bloud by the right line of king henry the d. and although through the right which god had sent him , by the aid of his parents and friends , he recovered the said realm , which was at the point to be undone by default of government , and defesance of the laws and customs of the realm , yet it was not his will that any should think , that by way of conquest , he would disinherit any man of his heritage , franchise , or other right which he ought to have , nor out any man of that which he had , or should have by the good laws or customs of the realm , except these who had been against the good purpose and common profit of the realm ; of which only the king held the said sir william , henry , and john for such , and guilty of all the evil which had come upon the realm : and therefore he would have and hold all the lands and tenements they had within the realm of england , or elsewhere , by conquest : whereupon , fuist demande de touts les seigniors temporellez lour advys de les pursuite , arreste , & juggem 〈◊〉 sui●di●z . les queux seigniors touz de ●ne accorde disorent , que mesmes les pursuite , arreste , juggement & quin●que fuist fait come defuist dit uist bons , et les affirmente piur bons et profitables . ly . in the case of * john hall , h. . placita coronae , n. to . who being in custody of the marshal of englana , was brought by him before the lords in parliament , and there charged before them by walter clapton , lord chief justice , by the king command , with having a hand in the murther of the duke of glocester , who was smothered to death with a featherbed at calues by king richard the seconds command ; the whole transaction whereof he confessed at large , and put in writing before james billingford . clerk of the crown , which was read before the lords ; upon reading thereof , the king and all the temporal lords in parliament resolved , that the said john hall , by his own confession , deserved to have as hard a death as they could adjudge him to , because the duke of glocester was so high a person ; and thereupon toutes les seigneiors temporelz per assent du roy adjuggerent , all the temporal lords by assent of the king adjvdged , that the said jo. hall should be drawn from tower hill unto the gallows at tiburn , and there bowelled , and his bowels laid before him ; and after he should be hanged , beheaded , and quartered , and his head sent to calice where the murther was committed , and his quarters sent to other places where the king should please ; and thereupon command was given to the marshal of england to make execution accordingly , and it was so done the same day . lo here the lords in parliament gave judgement against a commoner in case of a murther done at calice , ( and so not ●riable in the kings bench , but in parliament ) and passe a judgement of high treason on him , for murthering of a great peer only . in the parliament of h. . rot . parl. n. , . the commons shewed to the king , that * william bagot had been impeached of many horrible deeds and misprisions , the which if they had been true , the commons supposed , the the king aad ths lords would have had good notice thereof , for that they had made many examinations thereof whiles the said william was in distress . and therefore the said commons prayed the king , that the said sir william being in flanders and no offence found in his person , upon the slanders in his impeachment aforesaid ; that he would be pleased to restore him to his lands : to which prayer was answered in the kings behalf , that although the said sir william upon the said impeachment made the last parliament , was put to his answer before the king and the lords , and there pleaded a general charter of pardon , against which charter , it seemed to all the lords then present , that the said sir william ought not to be impeached nor put to answer by the king , on his part ; for that the said sir william was not attainted of any impeachment suggested against him , and that the king had done him justice in this behalf ; therefore he would in the same manner doe him justice in the residue at the commons request . a most full proof of the kings and lords judicial power in parliaments , even in case of a commoner . the same parliament , (z) . h. . num . . william sautre , being condemned of heresie in the convocation by archbishop arundel and the clergy , thereupon by order and advice of the temporal lords , without the prelates , ( who must not have their hands in blood , though they gave the sentence , that he should be burned ) or the commons ; there issued out a writ to the sherifs of london , for the burning of sautre as an heretick , accordingly burnt thereon , being the first writ of this nature ; issued by the lords alone in the kings name , before the statute of heresie was made and passed in this parliament . in the same (a) parliament of h. . n. . the temporal lords , by assent of the king , adjudged and declared sir ralph lumly knight and others traytors , for levying war in sundry parts to destroy the k. & his people ; and that they should forfeit all their lands in fee , goods and chattels , though they were (b) slain in the field , & not arraigned nor indicted by reason thereof . in the (c) parliament of h. . n. , , . sir philip courtney being complained against and convicted of a forcible entry into lands , and for a forcible imprisonment of the abbot of m●nthaem in devonshire , and two of his monks , was upon hearing and examination adjudged by the king and lords , to be bound to his good behaviour , and for his contempt committed to the tower of london prisoner . (c) anno . henry percy the younger , confederating with thomas percy earl of worcester , to raise forces ●nd rebel against the king , sent letters to the people of every county , propositum quod assumpserant , non esse contra suam ligeantiam , et fidelit tem quam regi fecerant , nec ab aliunde exercitum congregasse , nisi pro salvatione personarum suarum , & reipublicae meliori guvernatione , quia census et tallagia regi concessa , pro salva regni custodia , covertebantur ( ut dixerunt ) in usus indebitos , et inutiliter consumebantur : praeterea querebantur , quod propter aemulorum dilationes pessimas , rex eis insensus fuerat , ut non auderent personaliter venire ad ejus praesentiaem , donec praelati , regnique barones regi supplicassent pro eisdem , ut coram rege permitterentur declarare suam innocentiam , & per pares suos legaliter justificari . plures igitur visis his literis collaudabant tantum virorum solertiam , & extollebant fidem quam erga rempublicam praetendebant . having raised great forces against the king by this means ; which the kings forces encountred at shrewsbury in a pitched battel ; henry percy and sundry of his adherents were there slain in the field , and the rest routed ; for which levying of war in the (e) parliament of of h. . n. . the said henry percy and his co●federa●es were declared and adjudged traytors by the king and lords in full parliament ; and their lands , goods and cha●tels confiscated . in the same parliament , n. . at the petition of the commons , the lords ●en●ed and ordered , that the kings confessor , the abbot of dore , mr , richard durham , and crosby of the chamber , should be removed out of the kings house and court ; whereupon . of them appearing before the king and lords in parliament ; the king though he excused them , yet charged them to depart from his house , for that they were hated of the people . in the (f) parliament of h. . n. , . the lord roos complained against robert thirwit one of the justices of the kings bench , for withholding from him , and his tenants common of pasture and turb●ry in warbie in lincolnshire , and lying in wait with men for the lord roos . thirwit before the king and lords confessed his fault , and submitted himself to their order , who appointed . lords to end the difference ; who made an award between them , that thirwit shou●d confess his fault to the lord roos , crave his pardon , and tender him amends . in the (g) parliament of h. . n. . sir john oldcastle knight , being outlawed of treason in the kings bench , and excommunicated before the archbishop of canterbury for heresie , was brought before the lords , and having heard his conviction , made no answer nor excuse thereto . upon which record and process the lords adjudged , that he should be taken as a traytor to the king and realm , carried to the tower of london , from thence drawn through the city to the new gallows in st. gyles without temple-barr , and there hanged and burned hanging : which was accordingly executed . (h) sir iohn mortymer knight , being committed to the tower upon supposition of treason done against king henry the . in the . year of h. . brake out of the tower ; for which breach he was indicted of treason : being afterwards apprehended , he was brought into the parliament of h. . n. . and upon the same indictment , then confirmed by assent of parliament , judgement was given against him by the lords , that he should be carried to the tower , drawn through london to tiburn , there to be hanged , drawn and quartered , his head to be set on london-bridge , and his four quarters on the four gates of london . in the (i) parliament ▪ of h. . n. , ● , . sir william oldham knight , and thomas vaughan esquire , were attainted of treason by the lords and in the parliaments of e. . n. . to . e. . n. . to . ● e. . n. . to . sundry knights , esquires , citizens and commoners are attainted of treason by the lords for levying warr , and holding forts against the king , then after by bill whose names are overtedious to reherse ; which you may peruse at leisure in the exact abridgement of the records in the tower. to omit all other presidents of this nature in the reigns of king h. . . ed. . qu. mary , and qu. elizabeth , of commoners censured in and by the lords house in criminal causes , upon impeachments , complaints , petitions , which those who please may find recorded in the journals of the lords house ; i shall recite only some few presidents more of late and present times . (k) in the parliaments of . & iacobi , sir giles mompesson , and sir iohn michel , upon complaints and impeachments by the commons for promoting monopoli●s , corruption , and other misdemeanors , were fined , imprisoned by judgement of the lords house , and sir giles degraded of his knighthood . in the parliament of . carol● , the commons impeached roger manwaring , dr. of divinity ; for preaching and printing seditious and dangerous sermons ; and sent up this declaration against him to the lords . june . . for the more effectual prevention of the apparent ruine and destruction of this kingdom ( which must necessarily ensue , if the good and fundamental laws and customs therein established should be brought into contempt and violated , and that form of government thereby altered , by which it hath been so long maintained in peace and happiness : ) and to the honour of our soveraign lord the king , and for the preservation of his crown and dignity , the commons in this present parliament assembled , do by this their bill shew , and declare against roger manwaring clerk , dr. in divinity , that whereas by the laws and statutes of this realm , the free subjects of england doe undoubtedly inherit this right and liberty , not to be compelled to contribute to any tax , tallage , aid , or to make any loans , not set or imposed by common consent by act of parliament , and divers of his majesties loving subjects relying upon the said laws and customs , did in all humility refuse to lend such sums of mony , as without authority of parliament were lately required of them . nevertheless he the said roger manwaring in contempt , and contrary to the laws of this realm , hath lately preached in his majesties presence two several sermons : that is , the . day of july last , one of the said sermons , and upon the . day of the same moneth the other of the same sermons : both which sermons he hath since published in print , in a book entituled , religion and allegeance ; and with a wicked and malicious intention to seduce and misguide the conscience of the kings most excellent majesty , touching the observation of the laws and customs of this kingdom , and of the rights and liberties of the subjects , to incense his royal displeasure against his good subjects so refusing , to subvert , scandalize , and impeach the good laws and government of this realm , and the authority of the high court of parliament , to avert his majesties mind from calling of parliaments , to alienate his royal heart from his people , and to cause jealousies , sedition and division in the kingdom : he the said roger manwaring doth in the said sermons , and book perswade the kings most excellent majesty . first , that his majesty is not bound to keep and observe the good laws and customs of the realm , concerning the rights and liberties of the subjects aforementioned , and this his royal will and command in imposing loans , taxes , and other aids upon his people , without common consent in parliament , doth so far bind the subjects of this realm , that they cannot refuse the same without peril of eternal damnation . secondly , that those his majesties loving subjects , which refused the loan aforementioned , in such manner as is before recited , did therein offend the law of god , against his majesties supream authority , and by so doing became guilty of impiety , disloyalt●e , rebellion , and dis-obedience , and lyable to many other taxes and censures , which he in the several parts of his book doth most fasly and malitiously lay upon them . thirdly , that authority of parliament is not necessary for raising of aids and subsidies , that the slow proceedings of such assemblies are not fit for the supply of the urgent necessities of the estate ; but rather apt to produce sundry impedimen●s to the just designs of princes ; and to give them occasion of displeasure and discontent . all which the commons are ready to prove , not only by the general scope of the same sermons , and books , but likewise by several clauses , aspersions and sentences therein contained , and that he the said roger manwaring by preaching and publishing the sermons and book aforementioned , did most unlawfully abuse his holy function instituted by god in his church , for the guiding of the consciences of all his servants , and chiefly of soveraign princes and magistrates , and for the maintenance of peace and concord betwixt all men , especially between the king and his people , and hath thereby most grievously offended against the crown and dignity of his majesty , and against the prosperity , and good government of this estate , and commonwealth . and the said commons by protestation saving to themselves the liberty of exhibiting of any other accusation , at any time hereafter ▪ or impeachment againg the said roger manwaring , and also of replying to the answers , which he said roger shall make unto any of the matters contained in this present bill of complaint , and of offering further proof of the premises , or of any of them , as the cause ( according to the course of the parliament shall require ) do pray , that the said roger manwaring m●y be put to answer to all and every the premisses , and that such proceeding , examinat●on , trial , judgement , and exemplary punishment may be thereupon had and executed , as is agreeable to law and justice . on june the , . the lords sending a message to the house of commons , that they were ready to give judgement against manwaring , if the house of commons would demand it . thereupon they went with the speaker up to the lords house , having agreed he should demand judgement in these words , which he then used at the lords bar : the knights , citizens and burgesses of the house of commons have impeached roger manwaring of sundry misdemeanors , and your lordships having taken consideration thereof , they doe now by me their speaker demand judgement against them , which upon reading his impeachment , and full proof thereof out of his sermons , in his presence , was done accordingly . the judgement was given and pronounced by the lord keeper , all the lords being in their robes , and manwaring at the bar , it was delivered in these words . whereas roger manwaring doctor in divinity hath been impeached by the house of commons for misdemeanors of a high nature in preaching two sermons before his majestie in summer , which since are published , in print , in a book intituled religion and allegiance ; and in another sermon preached in the parish of st. giles in the fields the th . of may last : and their lordships have considered of the said manwarings answer thereunto , expressed with tears and grief for his offence , most humbly craving pardon therefore of the lords and commons ; yet neverthelesse , for that it can be no satisfaction for the great offence wherewith he is charged by the said declaration , which doth evidently appear in the very words of the said sermons , their lordships have proceeded to judgement against him , and therfore this high court doth adjudge , " first , that dr. manwaring shall be imprisoned during " the pleasure of the house . " ly . that he de fined at l. to the king. ly . that he shall make such submission and acknowledgement of his offences , as shall be set down by a committee in writing , both at the bar , and in the house of commons . ly . that he shall be suspended for the time of years from the exercise of the ministery , and in the mean time a sufficient preaching minister shall be provided out of his living , to serve the cure ; this suspension and this provision of a preaching minister shall be done by the ecclesiastical jurisdiction . " ly . that he shall be for ever disabled to preach at the " court hereafter . " ly . that he shall be hereafter disabled to have any " ecclesiastical dignity , or secular office. ly . that his said book is worthy to be burnt ; and that for the better effecting of this , his majesty may be moved to grant a proclamation to call in the said books , that they may be all burnt accordingly in london , and both universities , and for the inhibiting the permitting therof , upon a great penalty . here we have a most direct president , where the whole house of commons by their speaker acknowledge the right of judicature in the case of a commoner to be only and wholly in the lords , even in a criminal cause , and thereupon pray the lords to give judgement against him upon their impeachment , which they did accordingly in their robes , as judges , by the mouth of the lord keeper their speaker . in this very (l) parliament now sitting , decemb. . jan. . febr. . . and july . . the commons house by their members impeached sir john bramston chief justice of the kings bench , sir john finch chief justice of the common pleas , sir humphry davenport chief baron , judge berkly , judge crawly , baron weston , and baron trever of high treason , and other misdemeanors ; for that they had trayterously and wickedly endeavoured to subvert the fundamental laws and established government of the realm of england , and instead thereof to introduce an arbitrary and tyrannical government against law , which they had declared by trayterous words , opinions , and judgement , in the point of ship mony by their subscriptions , and judgement given against them in the case of mr. hamden in the exchequer chamber ; which impeachments they transmitted to the lords house , praying the lords to put them to answer the premises ; and upon their examinations and trial to give such judgement upon every of them as is agreeable to law and justice . to avoid which judgement sir john finch fled the realm , and the rest of them made fines and compositions to the publike , and were most of them removed from their judges places . after this , the lords themselves , as judges in parliament passed several judgements and censures against . dr. john pocklington for his sunday no sabbath , and other books , and against dr. bray for licensing them ; in october . the lords fined and imprisoned clement walker esq in the tower for some scandalous words against the lord viscount say , a member of he house of peers : after that the lords alone , without any impeachment of the commons , on their privity , imprisoned , fined and censured one morrice , upon complaint of sir adam littleton , after a full hearing , at which i was present , for forging an act of parliament , with four or five more of his confederates therein , which was most clearly proved by witnesses upon oath ; whereby he would have defrauded sir adam of some lands in essex . and at least one hundred more commoners have been committed by the lords this parliament and fined by them for several offences , misdemeanors and breaches of their privileges , as well as lilburn and overton ▪ yet none of them ever excepted against , or demurred to their jurisdiction ; nor did the commons house ever yet except against them for these their proceedings , as injurious , or illegal , but approved and applauded this their justice . finally , john lilburn himself , in his printed pamphlet , intituled ; innocency and truth justified , p. , . (m) relates that on may . . himself was accused of high treason , and brought before the lords barr for his life ; where one littleton swore point-blank against him . but he having liberty given to speak for himself , ( without any demurring to their jurisdiction , because we was a commoner . ) desired that his witnesses might be heard to clear him , & was upon mr. andrews oath acquitted at the barr of the whole house . and thereupon concludes , i am resolved to speak well of those who have done me justice . from all these punctual successive presidents , impeachments and clear confessions of the commons house , themselves in many former and late parliam and in this now sitting , it is undeniable ; that the king and lords joyntly , and the lords severally without the king , have an indubitable right of iudicature , without the commons , vested in them , not only over peers themselves , but likewise commoners , in all extraordinary criminal cases of treason , felony , trespass , and other misdemeanors triable only in parliament , which hath been constantly acknowledged , practised , submitted to in all ages without dispute : much more then have they such a just , judicial , rightfull power , in cases of breach of their own privileges , of (n) which none are , or can be judges but themselves alone , as sir edw. cook resolves , they being the supremest court. and to deny them such a power , is to make the highest court of judicature in the realm inferiour to the kings bench , and all other courts of justice , who have power to judge and try the persons , causes of commoners , yea to commit and fine them for contempts and breaches of their privileges , as our (o) law books resolve , and every mans experience can testifie . the lords right of iudicature both over peers and commoners in criminal causes , being thus fully evicted against the false● ignorant pretences of illiterate sectaries , altogether unacquainted with our histories and records of parliament , which they never yet read nor understood ; there remains nothing but to answer some authorities , presidents , and objections , produced against it . these presidents in sir edward cooke , sir robert cotton , and others ) are of sores . . such as are produced by them only , to prove that the commons have a copartnership and joynt authority with the king and lords in the power and right of judicature in our parliaments . ly , such as are objected to evidence they have a sole power of judicature in themselves in some cases , without the k. and lords . ly . such as are urged to prove , they have no right of judicature in parliament in the cases of commoners that are capital or criminal . i shall propose and answer them all in order . . sir edward cook , and sir robert cotton produce these presidents , to prove , that the commons have a joint in●erest , right and share with the king and lords in the iudicatory , or judicial power of parliaments ; which i shall propound according to their antiquity . the . president alleged for it , is that of (p) adomar bishop of winchester elect , ( cited by sir robert cotton , in his post-humous discourse concerning the power of the peers & commons in parliament in point of iudicature ) who an. h. . as affirms , he was then exiled by the ioint sentence of the king , lords and commons , as appears by the letter sent to pope alexander the th : ( si dominus rex et regni majores hoc vellent , meaning adomars revocation ) communitas tamen ipsius ingressum jam nullatenus sustineret . the peers subsign this answer with their names , and peter de mo●tfort , vice totius communitatis as speaker or proctor of the commons . i answer , under the favour of this renowned learned antiquary , that this president is full of gross mistakes . for . bishop adomar was not banished the realm at all , either by king , lords or commons , but fled out of it voluntarily for fear , to avoid the barons , who pur●i●ed him with forces , as (q) mat. paris , with others , relate ; which the nobles and generality of the barons in direct terms inform this pope , in another letter sent together with this objected . (r) maxime cum ipse a regno expuisus non extiterit , sed sponte cesserit , non ausus exhibitionem justi●iae , quae singulis , secundum iuramenta regis et procerum debebatur , expectare . . the reason why he thus sled , was to avoid the justice of the king & lords , as they in plain terms inform the pope ; without any mention of the commons . ly , this expulsion is said to be in h. . or rather in . as (ſ) mat. paris and others inform us , an. . and that is at least . or . years before any commons , knights and burgesses were summoned to our parliaments , by sir robert cottons , mr. seldens , and others confessions , and that by the writ in h. . rot. claus . m. . dorso . therefore if the commons had any vote in his banishment , it was . or . years before they were admitted into our parliaments : and so a banishment not in , but out of parliament . ly , this letter to pope alexander begins thus , sanctissimo patri in christo , alexandro . &c. communitas comitum , procerum , magnatum , aliorumque regni angliae ; and it is subscribed joyntly by . earls , and . noblemen , whereof petrus de montfort is the last , vice totius communitatis ( to wit , communitas comitum , procerum , magnatum aliorumque regni angliae , who writ the letter , mentioned in the beginning thereof , not of the commons house , contradistinct from the earls , nobles , great-men , and barons of the realm ) praesentibus literis sigilla nostra apposuimus ; in testimonium praedictorum ; not by the first earls and nobles , in behalf of themselves , the earls , lords and great men of the realm , and by peter de montford , as speaker or proctor of the commons , who ( as ( ) sir robert cotton himself acknowledgeth ) had no speaker a● all , in e. . ( an. . being at least . years after this letter ) nor yet till e. . rot . parl. n. . for ought appears by history or record , being . years after this letter . wherefore this president consisting of so many mistakes ( as i have more largely proved in my preface to sir robert cottons exact abridgement of the records in the tower , ) makes nothing at all for the commons joynt right of judicature with the king and lord : the rather , because the communitas in the objected clause of the letter , is not meant , of the commons in parliament ; but the communitas or universitas regni popularis etsi non nobiles , ( as (u) mat. paris stiles them , ) or popular rabble of commons out of parliament . the . president , is that of sir nicholas segrave e. . rot . . cooks . institutes , p. . & instit . p. . in the margin . who being charged in parliament in presence of the king , earls , barons and others of the kings councel , ( not the commons or burgesses , but the iudges , and kings learned councel at law , * or his privy council , who were assistants to the lords , as i conceive , which sir edward cook mistaking , would have to express the commons in parliament ) then and there present ; that the king in the wars of scotland , being among his enemies , nicholas seagrave , his leigeman , who held of the king by homage and fealty , and served him for his aid in that warr , did maliciously move discord and contention without cause with john de crombewell , charging him with many enormous crimes , and offered to prove it upon his body . to whom the said john answered , that he would answer him in the kings court , &c. and thereupon gave him his faith . after which nicholas withdrew himself from the kings hast and aid , leaving the king in danger of his enemies , and adjourned the said john to defend himself in the court of the king of france , and prefixed him a certain day : and so as much as in him was , subjected , and submitted the dominion of the king and kingdom , to the subjection of the king of france : and to effect this he took his journey towards dover to passe over into france . all which he confessed , and submitted himself therein de alto et basso , to the kings pleasure . and hereupon the king willing habere avisamentum , to have the advise of the eals , barons , lords , ( magnatum ) and others of his councel , enjoyned them upon the homage , fealty , and allegiance wherewith they were obliged to him , quod ipsi sideliter consulerent , that they should faithfully advise him , what punishment should be inflicted for such a fact thus confessed ? qui omnes , habito super hoc diligenti tractatu , et avisamento , &c. who all having had thereupon di●igent debate and advise , having considered and understood all things contained in the said fact , dicunt ( not by way of judgement judicially pronounced , but of answer to the kings question propounded , and as their opinion of the cause ) said , that this fact deserved losse of life & members &c. so as this offence ( notes sir edward cooke ) was then adjudged in parliament to be high treason . but under his favour , first , here was no judgement at all given against the party himself , but only an opinion and advice touching this case ( not pending judicially in parliament by way of inditement or impeachment , but voluntarily proposed by the king ) in answer to the kings question ; and so it can be no proof of any actual proper judicature vested in both houses . secondly , for ought appears , this question was only propounded to the earls , lords , barons , and the kings council that assisted them ; and so only to the house of peers , not to the commons : and answered , resolved only by them ; * aliorum de concilio suo ; not expressing nor including the commons , as i apprehend , being never so intitled in any parliament records for ought i can find . that these alii de concilio , were not the commons , as sir † edward cook insinuates , but the kings justices and judges who attended them , is most clear by this passage of † matthew westminster , who lived and writ the story of it at that time in these words . sub illo quoque tempore , nicholaus de segrave unus de praestantioribus de regno , pro tali causa arrestatus fuerat coram rege : alius quidam johannis de crom●ewell ipsum de proditione arguerat . ille autem in defensionem obtulit se duello . rex propter bella sua noluit ista pati ; ille vero non licentiatu● , et contra prohibitionem regis , mare transivit , persequens accusatorem , ipso rege adhuc inter hostiles acies constituto . ideirco reputa● eum rex in judicio vitae suae contemptorem , nec per ipsum stare , quin rex ab hostibus interiret . et ille in gratiam regis se submisit . cui rex justitiam fieri volo in judicio . proinde justitiarii ( mark it , not the commons ) triduo super hoc consultantes , responderunt regi ; hujusmodi hominem reum esse mortis , et omnia bona sua mobilia et immobilia regii juris esse . veruntamen , propter generositatem sanguinis addiderunt , non hunc in regis contemptum , angliam egressum fuisse , sed propter iram se de suo criminatore vindicandi . regis autem esse , posse facere misericordiam cum eodem . quibus rex , o diu consultati sed inconsulti ▪ equidem meum est posse , et velle conferre gratiam , & cui voluero , miserebor . nec propter vos amplius , quam pro cane . quis in gratiam meam se submisit , & repulsam passus est ? veruntamen vestrum judicium in scriptura redigatur , et pro lege amodo teneatur . proinde dictus miles ad carcerem ducebatur , ne impunitas armare● audaciam , et rigor caeteris timorem incuteret contemnendi . et post paucos dies , elaborantibus multis nobilio●ibus regni , et * ostendentibus se suis paribus , cinctis gladiis , corpus pro corpore , et bona pro bonis , una in solidum , quoquo die rex eum vocaverit , nec adesset , liberatus est , et per regem cunctis facultatibus suis restitutus : so this historian , which compared with the record infallibly proves , that this resolution was given by the earls , barons , lords , and judges advice , who were the only aliorum de concilio , as assistants to the lords then in all matters of law , as now they are , not the commons , of which there is no mention in the records or this historian , that they were parties to it . and this is likewise evident by the case of margery , the wife of thomas weyland , an abjured judge , in the parliament of e. . cooks . institutes . f. . n. where the barons of the exchequer , and justices of the kings courts , were called to advise and assist the king and his council of lords in parliament , in a difficulty of law , therein to be resolved by their advice . and therfore it follows , that the lords only in that age were the judges even of commoners cases . thirdly , admit the commons were included ; yet it proves only a right of advising and delivering their opinions with the lords , when required by the king , not of judging or pronouncing sentence . fourthly , sir edward cook citing this president , to prove that both houses together have power of judicature ; must grant , that even in e. . there were two distinct houses of parliament , who upon special occasions , ( as now at conferences , &c. ) met and advised together ; and therefore the division of the houses was before edward the third his reign , and very probable as antient as the summoning of knights , citizens , and burgesses to the parliament , which some make as antient as king henry the first , or king henry the . others not before king henry the third , in the † year his reign , father to king edward the first . so as this president makes quite against the levellers and lilburnians designs and opinions . the (e) and . presidents are those of hugh audley his wife , claus . e. . m. . of gaverston and the two spencers exiles , e. . forecited : wherein the commons gave their assents to the attainders and exiles of gaverston , and the spencers , and to the reversal of them : but this i have already proved , to be only by way of bills , not judicature , by the legislative , not judicial power of parliament , and that they were judicially condemned only by the lords , therefore these are nothing to the purpose , and against the objectors . the . and . are the depositions of king ed. the . and richard the . for their mis-government , wherin the commons had a joynt vote and concurrence with the lords , which i shall hereafter answer in the supplement . p. . to . the seventh president is that of eliz. burgh ▪ widow , in the parliament of e. . rot . parl. n. . who complained by petition to the king , that in the reign of king edward the . she was by his writ commanded to come unto him to yorke ; and there by hugh spencer the younger , and robert baldock , and william cliff his instruments , inforced by duresse to enter into an obligation , to this effect : that if she received any who were contrary to the king , or maried any man without the kings consent , or if she gave any lands or tenements : which she held in fee or in dower to any man living without the kings license , that for any of these she should forfeit all her lands , tenements , goods , and chattels to the king : as appeared by the transcript of the bond annexed to her bill ; whereupon she prayed grace , and remedy against this duresse , and acquittance of our lord the king from this obligation . hereupon a writ was sent to the clerk of the privy seal , in whose custody the obligation was , to bring it without delay , coram concilio nostro in parliamento , ad faciendum inde ulteriut , quod per idem concilium nostrum contige it ordinari : which being brought and delivered accordingly the of march , and deliberately read in full parliament , and agreeing with the transcript annexed to her petition in all things : pur ceo que avys est as archievesques , evesques , counts , & barons & auires grandes , et a tovtela commonaltie de la terre , que lo dit escrit est fait contre ley de la terre , & enconter tout manere de reason , si fuist le dit escrit per agard del parliament dampne illeoques & livera ala dit elizabeth . i answer , . that this judgement was given only in a civil case touching an obligation made by duress , not in a criminal . ly . that this petition was directed only to the king and his council , not to the commons in parliament , and the businesse heard before them . ly . that this being a common case , there being then many petitions and complaints that parliament of bonds of this nature , the commons joyning with the king and lords in this judgement of parliament in her case , was only by way of bill , not in an ordinary way of judgement ; they exhibiting & passing a bill for that purpose as well as a petition , as is clear by the words of the roll , and by the printed statute of e. . c. . that fines , sales , and gifts of land , and recognizances of debt made by force and duress to this sir hugh spencer , robert baldocke , &c. or to any of them , be defeated : and parl. . ch . . whereas many of the realm , in the time of the kings father that now is , by means of his false and evil counsellors have been excited by divers to bind themselves to come to the k. with force and arms , whensoever they should be sent for upon pain of life and limb , and to forfeit all that ever they might forfeit ; by vertue of which writings divers of his land have been often destroyed ; the king considering that such writings were made to the kings dishonour , sithence that every man is bound to doe to the king , as to his liege lord , all that pertaineth to him , without any manner of writing ; will that from henceforth no such writing be made . and that such as be made by the sight of the chancellor and treasurer shall be shewed to the king , and the k. shall cause all such as be made against right & reason to be cancelled : so that this main president meerly falls to the ground being but by bill . the th . president that may be objected is this : adam de (m) arleton or tarlton , bishop of hereford , in a parliament held at london , anno . was apprehended by the kings officers , and brought to the bar to be arraigned for treason and rebellion , in aiding the mortimers and others in their wars with men and arms ; where having nothing to say for himself in defence of the crimes objected , and standing mute for a space ; at last he flatly told the king , that he was a minister and member of the church of christ , and a consecrated bishop , though unworthy ; therefore i neither can , nor ought to answer to such high matters without the consent of my lord archbishop of canterbury ( my direct judge next after the pope ) and of the other fathers the bishops my peers . at which saying the archbishops and bishops there present , rose up , and interceded to the king for their colleague ; and when the king would not be intreated , they all challenged the bishop as a member of the church , exempt from the kings justice and all secular judicature . the king forced thereunto by their claimors , delivered him to the archbishops custody , to answer elsewhere for these crimes . within few days after , being apprehended again , and brought to answer before the kings royal tribunal in the kings bench at westminster , for his treasons ; the archbishops of canterbury , york and dublin , hearing of tarltons arraignment , came with their crosier staves carried before them , accompanied with bishops more , and a great company of men , entred into the court , and by open violence rescued and took away the bishop from the bar , before any answer made to his charge , chasing away the kings officers , and proclaiming openly , that no man should lay violent hands on this ( trayterly ) bishop , upon pain of excommunication , and so departed . the king exceedingly incensed at this high affront to justice and himself , commanded an inquest to be impanelled , and a lawfull inquiry to be made of the treasons committed by the bishop , in his absence , being thus rescued from justice . the jury , without fear of the king , or any hatred of the bishop , found the bishop guilty of all the articles of treason and rebellion , whereof he was indicted . whereupon the king banished the bishop , & seised all his temporalties , lands and goods . but yet notwithstanding the bishop ; by consent of all the prelates , was by strong hand kept in the archbishops custody , till he had reconciled him to the king. after which , by way of revenge he was a principal instrument of the kings deposing and murther ; which having effected , in the parliament of e. . . this * bishop petitions that the indictment and iudgement against him , and the proceedings therein might be brought into parliament and there nulled , as erronious , which was done accordingly : et quia recitatis et examinatis coram nobis et consilio nos●ro recordo et processu praedictis , et etiam coram praelatis , comitibus , baronibus , magnatibus , & tota communitate regni nostri , praesenti parliamento nostro praesentibus , compertum fuit , quod in eisdem recordo et processu errores manifesti intervenerunt , per assensum totius parliamenti adnullatur : and so he had restitution . i answer , that as this rescue of , proceeding , and judgement against this trayterous bishop were singular , so is this repeal and reversal of it as erronious , before and by all the commons and whole parliament , as well as king , prelates , and nobles , and that no doubt at the special instance of this , and all the other bishops , highly concerned in this cause . wherefore this one swallow makes no summer , and proves no judicial authority joyntly with the king and lords , since they never joyned with them before nor since in reversing of any such error upon judgement in the kings bench ; but only where an erronious attainder by bill in one parliament was reversed by bill in another . the th . is the clause of king edward the thirds letter to the pope in the th . year of his reign , already answered , p. . the th is sir john at lees case , e. . n. . said to be adjvdged by the lords and commons . i answer , this case is somewhat m●staken ; for the record only mentions , that the day of may , the king gave thanks to the lords and commons for their coming and aid granted ; on which day all the lords and sundry of the commons dined with the king. after which dinner sir iohn at lee was brought before the king , lords & commons next aforesaid ( who dined with the king ) to answer certain objections made against him by william latymer , about the wardship of robert latymer ; that sir john being of power , had sent for him to london , where by duresse of imprisonment he inforced the said william to surrender his estate unto him ; which done , some other articles were objected against the said sir john , of which for that he could not sufficiently purge himself , he was committed to the tower of london , there to remain til he had made fine and ransom at the kings pleasure , and command given to the constable of the tower to keep him accordingly . and then the said lords and commons departed : after which he was brought before the kings councel at westminster , which councel ordered the said ward to be reseised into the kings hands : so as this record proves not that this judgment was given in the parliament house , nor that the lords and commons adjudged sir iohn , but rather the king and his councel in the presence of the lords and commons , after the parliament ended . the , , . are the cases of the lord latymer , lord nevil , and richard lyons , forecited : here , p. , , . which are nothing to purpose , the (n) lords alone giving judgement in them without the commons , who did only impeach them ; and the (o) king removing the lord latymer from his council at their further request : so that these . cases refute their opinions who object them . the . is the (p) case of weston and gomines , r. . n. , . in which the lords alone gave the judgement , as i have proved , p. , : therefore pointblank against the objectors . the . president is that of (q) iohn kirby and iohn algar , two citizens of london , in the parliament of r. . n. . who conceiving malice against john imperial , ( an ambassador sent hither from the state of genoa , who had procured a monopoly to furnish ▪ england with all such wares as come from the levant , keeping his staple at southampton , ) killed him in london , upon a sudden quarrel picked with him ; for which they being committed , this being a new and difficult case , and the judges being in doubt , whether it were treason , or no ? it was thereupon propounded in parliament , ( according to the statute of e. . c. . ) like that of e. . parl. . of those who are born beyond the seas , e. . c. . e. . c. . e. . rot . . & . claus . h. . n. . claus . e. . dors . . e. . n. . e. . n. . e. . n. , . e. . n. , . r. . n. . e. . f. , . e. . . a. e. . . b. cook rep. f. . instit . p. , . instit . p. , &c. instit . p. . west . . c . and bracton , l. . c. , l. . c. . fletae l. . c. . resolving that all difficult causes are to be declared to and determined in and by parliaments . this case being examined and debated by and between the lords and commons , was afterwards there declared b●fore the king , and determined and agreed that this fact and murder is treason , and a crime against the kings majesty in which case no privilege of clergy ought to be allowed to any man. ; whereupon r. . rot . . kirby and algar were attainted of high treason in the kings bench , and executed as traitors . walsingham writes this parliament was held at northampton , against the consent of most of the realm , but especially against the will of the londoners ; that so revenge might be taken upon kirkeby for this murder : they fearing , that if the parliament were held at london , the londoners would not suffer him to be executed , without some danger to those who condemned him : whereupon he was condemned , drawn , and executed at northampton . to this i answer first : that kirby and algar were not impeached , arraigned , tried or condemned in parliament for this treason , but in the kings bench , for if they had , the lords only had judged and given sentence against rhem , as in all the premised cases . ly , their case being new , was thought fit to be propounded to the commons by the kings direction , as well as to the lords , who upon debate agreed it to be treason . ly , when it had been debated , it was declared and finally resolved and agreed before the king in full parliament , and that by bill , and the legislative , not judicial power , as mr. s● . john informs us . therefore it makes nothing for the commons right and power of judicature ; which after all these presidents all the commons in the parliament of h. . n. . confess to have been alwayes of right in the king and lords , and not in them ; which sways away all the forecited presidents at once , as impertinent , and misapplied . for the presidents of r. . n. . h. . n. ▪ & h. , n. . misrecited by sir e. cook , instit . p. . & inst . p. . they are already answered p. , , , . and for those of sir giles mompesson , sir iohn michel , viscount st. alban , and the earl of middlesex : himself confesseth , ( and i have here cleared , p. , . ) that the notable iudgements against them were given by the lords , at the prosecution of the commons , who were only their prosecutors , not iudges . these are all the presidents i finde , that are objected , to give the commons a share with the king and lords in the judicature in our parliaments ; which evince it not , but clearly disprove it . the . sort of presidents insisted on by sir ed. cook , are to prove , a judicial authority in the house of commons alone , without the lords , in cases of their own members , and servants , in matters of elections , breach of privilege , or misdemeanors in the commons house ; for which they have imprisoned and sometimes fined serjeants , baylifs , sherifs , committed their own members , adjudged their elections void , suspended , excluded , ejected them the house . the . ease is that of muncton aprilis mariae committed by the commons to the tower for striking william iohnson a burgess . the . of thomas lucy eliz. removed out of the house for giving l. to the mayor of westbury to be chosen a burgess , and the maior fined and imprisoned . the , of arthur hall , . eliz. who for discovering and publishing the conferences of the house , and writing a book to the dishonour of the house , was committed to prison . these matters were examined and adjudged in the house of commons , secundum leg●m & consuetudinem parliamenti , and he thereupon committed to the tower for . moneths , fined marks , and expelled the house . and in that parliament martii , a fine was asses●ed by the house on every member that was absent without leave . to these alleged by sir edw. cooke , i shall superadd the ensuing ; sir robert brandling was committed to the tower eliz. for striking withe●ington a burgess . jacobi one was fined for causing a members servant to be arrested ; though he claimed his privilege . jacobi locke and more were ordered by the commons to ride both on one horse , with their faces to the horses tail , for arresting a servant of mr. whitlocks , then a member , against his privilege ; which was accordingly executed . in caroli , sir george hastings being elected knight for leicestershire , and he then being arrested , his witnesses had their charges given them against the sherif , and he fined . in the parliament of . caroli , sir thomas savils case , . april . thomson sherif , and henloe alderman of york for abuses in the election , were ordered to be committed to the serjeant of the house , during the pleasure of the commons house , to acknowledge their offences at the barr on their knees , and pay all due fees , and to make a submission in york . in . caroli , mr. john baber was suspended the house about billetting souldiers . in . car. the commons house committed mr. laughton and mr. trelawny to the tower during pleasure , and sir william wray , and mr. edward trelawny to the serjeant at arms , and ordered them to make a submission , & acknowledgement of their offences in the house at the bar , and in the county at the assises , they kneeling at the barr all the while the speaker pronounced the judgement against them , for writing menacing letters to sir john elliot , and mr. coriton , and to others of the county of cornwall , disturbing their election , and contemning the warrant of the house when sent for . in this parliament of caroli now sitting , the commons house turned out sundry members , who were projectors , and voted out many others for delinquency , ordering new elections in their places , without the king or lord. i answer , . that all these objected presidents are of very puny date within time of memory ; therefore unable to create a law or custom of parliament , or any right of sole judicature in the commons house . ly , they were all made by the commons themselves , unfit judges in their own cases , much less over one another , being all of equal authority , and * so unable to seclude , imprison or fine one another , no more than one judge or justice to fine , imprison , or uncommission another ; since par in parem non habet imperium . ly , they are all against law , because & coram non judice , the commons house having no right or power of judicature , much less of sole judicature in our parliaments , but only the king and lords , as i have formerly proved by reasons and presidents in all ages . ly , these presidents are but few , never judicially argued , and rather connived at , than approved by the king and lords , taken up with other more publike businesses ; therefore passing sub silentio , they can make no law rule , or right , as is resolved in long. e. . f. . cooks . reports , f. . slades case , & report , f. . druries case . ly , there are many express antient presidents , statutes , judgements , in most former parliaments to the contrary , sundry of them upon the commons own petitions and complaints , which will over-ballance and controll these few late presidents warranted by no old records or statutes whatsoever , but contradicted by the constant practice of former ages ; to clear which truth beyond contradiction , i shall shew you the very original of the commons summons to parliament by the kings writs , ( out of meer grace , not antient right or custom , ) with the several varieties of writs , statures touching elections of knights , citizens , burgesses , and chief cases resolved in parliaments touching elections & breaches of privileges , relating to members or their menial servants , that i finde upon record , which will abundantly clear this point , and refute these irregular puny presidents . the original of our parliaments , as now constituted , of king , lords and commons , is by ( ) several of our historians , antiquaries , and writers , referred to the . or . year of king henry the . or at least to henry the . his reign ; which i have already refuted , by a particular list of all the parliaments under them : yet many of this opinion affirm , that the commons were not constantly summoned to our parliaments , but only the lords spiritual and temporal , before the . of king henry the . and beginning of edward the . his reign , neither had they a speaker , till e. . therefore no power of judicature over their members . the first writ i finde extant , that savors of summoning knights to parliament , is that in the . year of king iohn , wherein this king sent a writ to the sherif of oxon in these words . ( ) rex vicecomiti oxon salutem . praecipimus tibi quod omnes milites ballivae tuae , qui summoniti fuerunt esse apud oxoniam , ad nos à die omnium sanctorum in . dies , venire facias cum armis suis , corpora vero baronum , sine armis singulariter : et iv. discretos milites de comitatu tuo illuc venire facias ad nos ad eundem terminum , ad lo quendum nobiscun de negotiis regni nostri . teste meipso apud witten die novembris . eodem modo scribitur omnibus vicecomitibus . this is no writ of summons to parliament , as some take it , but rather to a military council , as i conceive it . for . there is no mention of any bishops , abbots , priors , spiritual lords , citizens or burgesses summoned thereto ▪ but only of barons without arms ; and knights with arms . ly , of all knights they had formerly summoned to appear there . ly , of . not . discreet knights out of every county ; and that not ad parliamentum nostrum , but , ad nos venire facias . ly , they were not to be elected by the people , but immediately summoned , elected and sent by the sherifs themselves . ly , they were to come ad loquendum nobiscum , not , ad faciendum & consentiendum hiis , &c. as the usual writs of summons for knights of shires are since ; without any power of judicature to fine , seclude , or question one anothers elections or returns , as now . the very first express writ extant in history or records that i can meet with upon search , for the calling of knights , citizens and burgesses to parliament , is in ( ) ● . where the king after the battel of evesham by his writs summoned no less than abbots , priors , besides the bishops , and . deans of cathedrals , and the temporal earls and barons , only . in number , the rest being slain in the field , or in actual rebellion . after their writs of summons and name , ●ollows this writ or note of summons for knights , citizens , and burgesses , and barons of the cinqueports . item mandatum est singulis vicecomitibus per angliam , quod venire ( not , el●gi . ) faciant duos milites de legalioribus , probioribus , et discretioribus militibus singulorum comitatuum ad regem londoniis , in octabis praedictis , in forma supradicta . item in forma praedicta scribitur civibus ▪ eborum , civ●bus lincoln , & caeteris burgis angliae , quod mittant in forma praedict . duos de discretioribus ▪ legalioribvs & probioribus tam civibus quam burgensibus suis . item in forma praedicta mandatū est baronibus et probis hominibus quinque portuum , prout continetur in brevi inrotulato inferius . here the king . limited both the number and quality of the knights , citizens and burgesses , when first summoned to our parliaments : ly , he directed particular writs to all sherifs to summon ( not to elect by the choice of the freeholders ) two of the legallest , honestest ▪ & discreetest knights in their counties , which they alone were then to make choice of ▪ ly , he sends particular writs to some ( not all ) cities , and the rest of the burroughs of england , to send two of their discreetest , legallest and honestest citizens ; and so to the cinqueports to send such barons to this parliament , and if they returned any not thus qualified , against the form of these writs , no doubt the king himself might refuse , seclude them : and he with his lords , were the sole judges of their fitness for that service , not they themselves to judge of their own or their fellow members fitness or incapacity . the first seclusion of any knights , citizens and burgesses in parliament , and electing others in their places , was by the king himself with his councils advice , ( not by the commons themselves ) for wilfull absence . claus . ● . ● . m. dorso : where divers knights of shires , citizens and burgesses departing from the parliament held at london , without the kings special license , the king thereupon issued out writs to the sherifs of yorkshire and other counties , to summon all such knights , citizens and burgesses within their bayliwicks to return to the parliament , vel alios ad hoc idoneos loco ipsorum , si ad hoc vacare non possunt , eligere , &c. or to cause others who were fit to be elected in their places , if they could not attend ▪ the parliament ; with sufficient authority from the counties , cities , and boroughs , to consent to those things which should be ordained at the next session of parliament , then prorogued to a certain day . here the king alone by his writ takes authority to discharge those knights , citizens and burgesses , who departed from the parliament without his license , and would or could not attend it , without the commons votes or assents ; and to command the sherif to elect other sit persons in their places . claus . e. . m. dorso . the king having issued out writs of summons to parliament , dated octob. . the of november following , he sent writs to all sherifs , to proclaim in all places , that he being informed of divers oppressions and injuries done to sundry people of his realm , by divers of his officers and ministers , and likewise by some of his counsellors , by reason of his tender age , to his damage and dishonour , which things he would not suffer , and desired to redresse ; that thereupon any persons which would complain of any oppressions , durances , and grievances done to them against right , and the laws and usages of this realm , should repair to westminster the next parliament , and there shew their plaints to him , and such as he should appoint , where they should receive convenient & speedy remedy . then follows this clause . and because before these times , some of the knights who have come to parliament for the commnalties of counties , have been people of covyne , and maintainers of false quarrels , and have not suffered that good men should declare the grievances of the common people , nor their things , which ought to have been redressed in parliament , to the great damage of us and our people : we command and charge you , that you cause to be chosen by the common assent of the county , two of the most loyal , ( or lawfull ) and most sufficient knights or * sergeants of the said county , who are not at all suspected of any crime , nor common maintainers of parties , to be at the said parliament , according to the form of our writ which you have received , and this you may not fail to doe , as you will eschew our grievous indignation . here the king by a special writ takes care to prevent the election of knights of shires that were any way guilty of crime or maintenance , as in former times had been used , and that the loyalles● and most sufficient knights or esquires in the county should be elected by common consent , because when once duly chosen and returned by the counties , as their lawfull proxies and attornies , and impowred by them as such ; neither the king nor lords could justly seclude or eject them ; much less the commons house ( as they have ejected projectors & other members of late times ) having no such authority given them by their writs or ret●rns , but only to assent to such things , as by the common advice of the king , lords , and commons shall be there agreed concerning the king , church , and realm ; and being all of equal rank and power , as attornie & proctors for the counties , cities , and burroughs , for which they serve , can no more discharge or eject one another , than one attorny , proctor , grand jury-man , juror , justice of peace , judge , commissioner , or executor , discharge or remove another of his colleagues , equally impowred , intrusted with them by the parties they represent . to omit the summoning of sundry merchants to attend the parliament and council , to be advised and treated with upon sundry occasions , in the clause rolls of , , , . and edw. . claus . e. . m. . dors . there is a parliamentary council summoned , to wit , two knights are by the writ to be chosen and sent out of every counry , and but one burgess out of every burrough : claus . e. . m. . dorso ; summonitio concilii ; the writ commands only one knight to be chosen , and sent out of every county , but citizens and burgesses out of every city and burrough : and the prologue of the printed statute of the staple made therein , ed. . recites , that there was in it only , of every county one knight for all the county , according to the limitation in the writ . claus . e. . m. . the parliament having granted a subsidy to the king payable out of every parish , and then departing , the king for the better and speedier levying thereof , desired the advice of the commons , yet would not put them to the trouble to meet all together ; and therefore issued out writs to summon one knight out of every county , and one citizen and burgess out of every city & borough , that had been of the former parliament , to meet together at winchester . who meeting accordingly , had their expences allowed them . dors . . here the king summons only half the commons house , to compleat what the whole had granted ; without the other moity , for their greater ease and saving expences . in the parliament of e. . n. , . there was this ordinance made and read ; because that men of law which pursue divers businesses in the court of the kings for particular persons , with whom they are of counsel , procure and make divers petitions to be preferred in parliament , in the name of the commons , which nothing concern them ; but only those singular persons , or those whom they cause to put them in : as also sherifs , which are common officers to the people , and ought to reside upon their office , to doe right to every man , are named , and have been before th●se hours retorned knights of shires in parliaments by the same sherifs . it is agreed and assented in this parliament , that from henceforth no man of law pursuing businesses in the courts of the king , nor sherif , for the time that he is sherif , shall be returned or accepted knights of shires and that those who are men of law and sherifs now returned to parliament shall have no wages . but ; the king will that knights and * serjeants of the best esteem in the country , shall be henceforth returned knights in parliament , and that they shall be chosen in full county . sir edward cook inform us , that this ordinance was made in the lords house , ( to wit by the king and lords without the commons , as he insinuates ) if so , then the k. & lords alone in that age , had the sole power , . of disabling , secluding unfitting members , as practising lawyers and sherifs , to be elected knights of shires for the future . ly . of depriving them of wages , though elected for that parliament before the ordinance made ; but not of ejecting them out of the house when duly elected , because till now there was no law or ordinance against their choice . ly . of rejecting and refusing to accept such for knights , if elected and returned after this ordinance ; as the words , no accepted chivalers des countees , superadded too ne ●oient returnez imply . ly . by vertue of this ordi●ance , all sherifs of counties have been not only disabled , but prohibited to be elected knights , & members of the commons house , by this special clause inserted into all writs for elections . nolumus autem quod tu , vel aliquis alius vicecomes aliqualiter sit electus . now the writ being the sole authority and ground for all elections , prescribing the freeholders to elect of the most discreet , fit & sufficient persons , and precisely inhibiting the election of any sherifs in any sort , either for knights , citizens , or burgesses , by vertue of this ordinance . the elections of such are meerly void , and the king and lords may justly seclude them , if e●ected and retorned whiles sherifs . ly . as sherifs have been secluded by this clause and ordinance ever since ; so in the parliament of h. . all apprentices , and other men at law , were likewise secluded by this special clause inserted into the writs of summons . nolumus autem quod tu , seu aliquis alius vicecomes regni nostri , aut apprentius , aut aliquis alius homo ad legem aliqualiter sit electus , as appears by the exem . ●ca●ron thereof in the claus . roll of h. . pars . m. , dorso , in the tower , ( which i have viewed with mine own eyes ) by sundry transcripts thereof in manuscripts , and by this testimony of thomas walsingham , who lived , & in writ the history of that time . direxit ergo rex brevia vicecomit bus , ne quosquam pro comitatibus eligerent quovismodo milites , qui in jure regni vel docti fuissent vel apprenticii , sed tales omnino mi●teren ur ad hoc n●gotium quo● constat ignorare cujusque juris ▪ methodum , factumque est ita . whence he stiles it in his margin ▪ parliamentum indoctorum ; no lawyer being elected by reason of this clause grounded on the forecited ordinance . sir edward cook , ( who is not only full of mistakes and mis-recitals of records , but most confident in them ) citing this passage of walsingham thus bodly contradicts him , but the historian is deceived , for there is no such clause in these writs , but it was wrought by the kings letters by pretext of an ordinance in the lords house , in e. . when as the writ it self in the clause roll , concurring which walsingham , ascertains me , that sir edward himself was deceived , not the historian , by whom , or upon what mis-information i know not . and that he was so in truth , we have his own expresse confession and testimony against himself within few leaves after . at the parliament holden at coventry , anno h. . the parliament was summoned by writ , and by co●ler of the said ordinance of parliament in the lords house , in e. . it was forbidden , that no lawyer should be chosen , knight , citizen , or burgess by reason whereof this parliament was fruitless , and never a good law made thereat , and therefore called indoctum parliamentum , or lack-latin parliament : and seeing these writs were against law ▪ ( ergo this clause against lawyers elections was in the writs themselves ) lawyers ever since , ( for the great and good service of the commonwealth ) have been eligible : and then contradicting himself again in the very next lines , he addes : and albeit the prohibiting clause had been inserted in the writ ( implying it was not ) yet b●i●g against law , lawyers were of right eligible , and might have been elected knights citizens or burgesses in that parliament of h. . his reason is , because lawyers being eligible of common right , cannot be disabled by the said ordinance of parliament in the lords house , being no act , though acts and ordinances of parl. are both the same in substance vigor , ( as i have elsewhere proved at large against his new false doctrine to the contrary . wherefore this ordinance is still obligatory to practising lawyers , whiles they practise , as well as to sherifs , whiles they are sherifs , unlesse they give over their practice sitting the parl. to attend the service of the house , which their practice makes them to neglect . clause e. . m. . the chief justice , and other officers of ireland , and r. de burgo earl of vlton , are sent for by writ to come to the parliament of england , ad tractandu● cum praelatis et proceribus de regno nostro praedicto , claus . e. . part . ● . m. . pro hibernis de hibernia venientibus ad parliamentum angilae , there is a writ directed to the justices and chancellor of ireland , quod de communitate comitatuum & burgorum terrae praedictae faciatis habere per breve de magno sigillo nostro hominibus ejusdem terrae nostrae praedictae regnum nostrum ▪ angliae penes concilium nostrum , pro communitate comitatuum & burgorum , ultimo venientibus ; videlicet euilibet eorum de communitate comitatus , pro quo electus fui● , sive civitatis , sive burgi , rationabiles expensas suas , &c. teste julii . the parliament ended the th . of july . by which writ it is apparent , that not only the great officers , and some nobles , but likewise knights and burgesses were sometimes summoned , and chosen in ireland to come to this parliament of england , and had writs for wages allowed them . these varieties of the kings writs for electing knights and burgesses , summoning sometimes . sometimes . sometimes but one knight out of a county ; most times citizens and burgesses , sometimes but one ; limiting the qualifications of their persons , and summoning not only great officers and peers , but likewise , knights , citizens and burgesses out of ireland , and particular persons by name amongst the commons , as in ed. . part . m. . dorso , together with his making of new burroughs by his patents , and authorizing them to send burgesses to parliam . when they never sent any before , there being now three times as many burgesses of parliament as there were in the reigns of king edward the , , and . ( as appears by the writs in the dorse of the clause rolls , for their expences and wages ) are clear proofs and evidences , that the king and his council in the lords house , are the sole judges of the elections of the knights , citizens , burgesses of the commons house ; and that they themselves have no power at all to seclude or eject any persons duly elected , and sent thither by the kings writs , though more or less than usual , or from new erected burroughs . and if any city or burrough which sends members to the commons house by the kings charter or usage forfeit their charters and privileges , for which the king seiseth them into his hands , as in h. . he seised londons and others liberties , and cambridges since ; he may deny to send them writs to elect citizens or burgesses , till their franchises be restored , and their charters renewed , and deny to grant them this liberty of election any more if he please , proceeding from his meer grace and grant to them at first , and so to be restored out of grace , not justice , when forfeited by their default . the statute of r. . parl. . c. . the king willeth and commandeth , & it is assented to by the prelates , lords and commons , that all persons which shall from henceforth receive the summons of parliament , be he archbishop , bishop , abbot , peer , duke , earl , baron , baronet , knight of the shire , citizen of the city , burgess of the burgh , or other singular person or commonalty , and come not at the said summons ( except he may reasonably and honestly excuse himself to our soveraign lord the king ) he shall be amerced ▪ and otherwise punished , as of old times hath been used to be done within this realm . here the excuse is to be made by the knights , citizens , burgesses and commons , as well as lords spiritual and temporal , to the king , not commons house ; and if they cannot excuse themselves unto him , then they are to be amerced , as of old time have been used : and that was never by the commons house , but rather by the king , with the lords assent in parliament , or by indictment in the kings bench , as sir edward cook himself confesses , and proves by the cases of segrave , st. amand , and others , placitae in parliamento dom. regis , e. . the bishop of winchesters case , pas . e. . coram rege , rot. . attached for a contempt in departing from the parliament , during its sitting , without the kings license , and contrary to the kings inhibition , in contempt of the king : who pleaded , that this contempt ought to be corrected and amended in parliament by the peers , and not else where in any inferiour court. e. . . fitz corone . stanford , f. ▪ and phil. and mar. b. r. rot . . & is most clear by h. . n. , . where special fines are taxed on absent lords , by the lords assent . therefore the commons house cannot fine or tax their members , as now they doe , since they never did it before this act , and therefore are prohibited by it ; which restrains them to ancient usage before it . in r. . the lord thomas camoyes , a peer of the realm , being elected knight of the shire for surrey by the freeholders of the county , the king himself discharged him by special writ , and commanded the sherif to cause another fit person to be elected in his place , as i formerly proved , p. , . i read in thomas of walsingham , that king richard the . in the year of his reign , intending to call a parliament , summoned all the sherifs of england to nottingham castle , inquiring of them , what power they could raise for him in every county against the barons ? and charging them , ut ipsi nullum militem d● pago vel schira permitterent eligi , nisi quem rex et ejus concilium elegissent , ( who it seems gave them a list of the names of those persons they should elect and return , as the major generals have newly done : ) whereunto the sherifs answered : that all the commons favoured the lords , neither was it in their power to raise any army or forces in this cause . de militibus eligendis dixerunt , communes velle tenere consuetudines usitatas , quae volunt , quod à communibus milites eligantur . whereupon they were dismissed . upon this the king soon after issuing out writs to the sherifs to elect knights and burgesses for the parliament , inserted this unusual clause into them : that they should chuse such knights , as were most fit and discreet , and in the modern debates ( between the king and lords most indifferent : as the writs themselves attest . ( ) rex vic. kanc. salutem : quia de avisamento consilii nostri pro quibusdum arduis & urgentibus negotiis nos , statum et defensionem regni nostri angliae , ac ecclesiae anglicanae contingentibus , quoddam parliamen●um nostrum apud westm . in crastino purificationis beatae ma●iae prox . futur . teneri ordinavimus , et ibidem vobiscum , ac cum praelatis , magnatibus , & proceribus regni nostri angliae , colloquium habere & tractatum ; tibi praecipimus firmiter injungentes quod de comitatu tuo duos milites gladiis cinctos , magis idoneos et discretos , com. praed . et in debatis modernis magis indifferentes , &c. t. r. apud wyndesore , xvii . die dec. per ipsum regem . but the king being soon after informed by his council , that these writs were contrary to the antient form of elections , and contrary to the liberty of the lords and commons hitherto obtained ; sent out new writs to all sherifs of england to revoke and repeal this innovating clause , before the elections made . rex vic. kanc 〈…〉 licet nuper per breve nostrum inter caetera tibi praec●pimus firmiter injungentes , ( ) quod de comitatu tuo duos milites , gladiis cinctos , magis idoneos et discret●s com. prad . et 〈◊〉 debatis ●dernis magis indifferentes eligi , 〈…〉 parliamentum nostrum quod apud westm . in crist 〈◊〉 purifiecationis b●atae mariae , pro● . futur . ten●re ordi●avimu● : ad e●sdem idem & 〈◊〉 ve●ire facere● . nos tamen attendent●s , dictam clausulam , in debatis modernis magis indifferentes , contra formam electionis antiquitus usitatae , ac contra libertatem dominorum et communitatis regni nostri angliae hactenus obtentam existere : volen●esque proinde praedictos milites libere eligi , modo et forma prout antiquitus fieri consuerit ; tibi praecimus firmiter in●ungentes , quod de com. tuo praedicto duos milites gladiis cinctos magis idoneos & discretos com. praedicti , prout hactenus fieri consuevit eligi , & eos ad pradictos diem & locum venire fac . dicta clausula non obstante : caeteraque omnia et singula in dicto brevi nostre contenta fac . & exequaris juxta tenorem ejusdem , dictam clausulam penitus omittens . et habeas ibi hoc breve et aliud breve . t. r. apud westm . primo die jan. per ipsum regem et consillum . consimilia brevia diriguntur singulis vicocomitibus per angl. ac carissimo aqun●ulo r. johanni regi castell . et-legionis , duci lancastr . vel ejus cancellar , in eodem ducatu sub eadem da●a . a clear evidence , that neither the sherifs nor commons house had any power to repell this new clause , but the king himself , which here he did by his council● apples , before any complain against it in parliament . in the ( ) parliament of r. . n. . &c. the wednesday after the parliament began , sir philip courtney , returned by the sherif of devon for one of the knights for that county , came before the king in full parliament , and said , that he understood , how certain people had accused and slandered him to the king and lords , as well by bill as by mouth , of heinous matters ; and therefore prayed to be discharged of the said imployment , until the said accusations and complaints were tried , and found true , or not true : and because his said prayer seemed honest to the king and the lords , the king granted him his request ▪ and discharged him in full parliament : and the monday following , at the instance and prayer of the commons , the king granted , that he should be restored and remitted to his place , according to the return of the said sherif , for to counsel and doe that which belonged unto his office ; and af●er , because he had been good and treatable with those who had complained upon him , and condescended to a good treaty , he was restored in full parliament to his good fame . the charge against him is expressed in the same parliament roll , n. , . where two petitions are preferred against him to the king and lords in parliament , for putting thomas pontyngdon forciblyout of possession of the ma●or of bygeloge without just cause , and richard somestre out of other lands , & detaining them from them , he being so powerfull in the county , that no poor man durst to sue him . which petitions were referred by consent in parliament to certain arbitrators to determine . in the * parliament of h. . n. , , . upon these and other petitions , of forcible disseisins , and for imprisoning the abbot of meniham in devonshire , the king & lords adjudged , that this sir philip courtney should be bound to his good behaviour , and committed to the tower for his contempt . from which records it is evident : first , that members of the commons house may be complained and petitioned against for misdemeanors , and put to answer ▪ before the king and lords in parliament , and there fined and judged ( not before the commons house ) and that this was the antient way of proceeding . secondly , that the commons cannot suspend or discharge any of their fellow-commoners or knights from sitting in parliament , but only the king and lords in full parliament , in whom the power of judicature rests : much less then can they expell or eject any of their members ▪ by their own authority without the king and lords concurrent consents . no more than one justice of peace . committee-man , or militia-man , can un-justice or ●move another ; since par in parem non habet imperium , neither in civil , military , ecclesiastical nor domestical affai● . thirdly , that the power of restoring , readmitting a●ended member of the commons house , belongs not to the commons themselves , but to the king and lords , to whom the commons in this case addressed themselves by petition for courtneys readmission , after his submission of the complaints against him to the arbitrement of those members to whom the king and lords referred the same . in the ( ) parliament of rich. . num . . it was accorded and resolved by the king and lords , at the complaint , petition , request of the commons , that roger swinerton who was endited of the death of one of their companions , iohn de ipstones , knight of the said parliament for the county of stafford , slain in coming towards the said parliament by the said roger , should not be delivered out of prison , wherein he was detained for this cause , by bail , mainprise , or any other manner , until he had made answer thereunto , and should be delivered by the law : the commons alone by their own power having no authority to make such an order , even for the murther of one of their own members , without the king and lords , who made this ordinance at their request . i find this objected against king richard the . in the parliament of h. . n. . that he frequently sent his mandates to sherifs , to return certain persons named only by himself , and not freely chosen by the people , to be knights of shires , thereby to effect his own ends , and oppress the people with subsidies , but yet i find not in all his reign any one knight thus unduly returned , questioned by the commons , or suspended the house , much less ejected by them , or by the king and lords upon the commons complaint thereof unto them . a clear evidence they had then no such power to eject their members for being unduly elected , returned , as how they use . in the parliament of r. . n. , , , . the king being highly ( ) offended with the commons for receiving haxyes bill , said , that the commons thereby had committed an offence against him , his dignity and liberty , the which he willed the lords to declare the next day to the commons : who thereupon delivering up the bill , came fort with before the king , shewing themselves very sorrowfull , declaring to him , that they meant no harm , and submitting themselves to the king herein , most humbly craved his pardon . whereupon the chancellor by the kings commandment declared , that the king held them excused , and the king by mouth declared , how many wayes they were bound unto him . lo here the whole house of commons submit themselves to the king in the house of lords , as judges of them and their misdemeanors in parliament , and crave pardon for offending him . in the ( ) parliament of h. . n. , . the commons house petitioning the king , that the act for his moderation of the statute against provisions might be examined , for as much as the time was recorded otherwise than was agreed by them . the king granted thereunto by protestation , that the same should be no example , where after examination by the bishops and lords , they affirmed the same to be duly entred ; which the king also remembred . whereupon the commons the same day ( for this their misinformation ) came into the lords house , and knéeling before the king ▪ beseeched the king to pardon them , if happily they through ignorance had or should offend him : which the king granted . here the bishops and lords are judges of the commons misinformation & misentry of an act , and the king of their offence against him in parliament by this misinformation ; which he pardons them upon their humble submission , and no doubt might have punished them for it , by the lords assent and advice , had he pleased . so farr are they from being judges in parliament , that themselves may there be judged , if they therein offend , as all their speakers usual protestations and petitions to the king when presented , evidence . (h) that the commons may have liberty of speech , and that if any . members in the house of commons , in communication and reasoning should speak more largely than of duty they ought to doe , that all such offences may be pardoned : which the king may punish if there be cause , un●e●●● he pardon it of record , upon the speakers protestation before hand . sir (i) edward cook himself ( as well as the parliament rolls , and experience ) informs us of these particulars touching the speakers of the commons house in parliament , their chiefest member . . (k) that though the commons are to chuse their own speaker ( and that by the kings special command and license to them in every parliament since they had one , not with due ● , who likewise prescribes them the time when to present him ) yet the use is , ( as in the conge de esl●yer of a bishop ) that the king doth name a discreet and learned man to them , whom the commons do e●ect ( pro form● only ) because he cannot be appointed for them without their election , being their mouth , and ●usted by them . ly . that after the commons choice the king may refuse him . ly . that after he is chosen , he must be presented to the king by the commons in the lord● house for his approbation and confirmation in that pla●s , the commons sending up some of their members to acquaint the lords spiritual and temporal , * that according to the kings command they had chosen such a one their speaker , and are ready to present him at the ●me appointed ▪ ly . that where he is thus presented , he is in disable himself for so weighty a service , and to make sut● to the king to be discharged , and a more sufficient man chosen in his place : to which i shall adde , that upon this excuse the king may discharge him if he please , and command the commons to elect another ; as king (m) henry the ● . did discharge sir john popham when presented speaker to him by the commons , in the parliament of h. . n. ● . upon his excuse ; whereupon william tresham was elected in his place , presented to , and approved by the king , n. . ly . that when he is elected and approved , yet in case of sickness , and infirmity he may be removed , and another chosen and presented in his place , ( and that upon the commons special petition to the king in his behalf , out of his meer grace to discharge him , and accept of another ) thus in the (n) parliament of h. . n. , , . sir john cheyney knight , after his election and approbation was discharged , and sir john dorew knight elected , presented , and admitmitted by the kings license , to be speaker in his room . so in the parliament of h. . n. n. , , . . will. sturton esquire , after he was chosen and allowed speaker , was removed for grievous sickness , and john doreward chosen in his place . at the parliament holden h. . n. , . sir john tirril knight was chosen and allowed , yet removed for grievous sickness , and william beerell chosen in his place , and that by the kings special license and approbation , to whom all those new speakers were again presented by the commons , for his royal assent thereto . ly . that if he be altered by his majesty ( by (o) assent of the council & lords , as the entry is in the parliament rolls ) then he maketh a protestation , or petition to the king ( which consisteth of three parts . ) . that the commons in this parliament may have freedom of speech , as of right and custom they have used , and all their antient (p) and just privileges and liberties allowed them ( which the king usually granted with this caution ) that he hoped , or , doubted not (q) that the members would not speak any unfitting words , or abuse this freedom and privilege ; for abuse whereof some have been committed prisoners to the tower by our kings and queens command . ly : that if he shall commit any error in any thing he shall deliver in the name of the commons , no fault may be imputed to the commons , and that he may resort again to them for declaration of his good intent , and that his error may be pardoned . ly . that as often as necessity for his majesties service , and the good of the common-wealth shall require , he may by direction of the house of commons have access to his majesty . if then the king hath the sole power and jurisdiction thus to nominate , approve , confirm , disallow , refuse , discharge and remove the very speakers of the commons house themselves , and not the commons , but by and with his special license , grace , and royal assent : yea , to grant them freedom of speech , and their usual privileges and liberties every parliament upon their petition , and to pardon theirs and their speakers errors , and that sitting in the lords house with their assents , then doubtlesse the king and lords alone , are the sole judges of the speakers , and all other members of the commons house , and have the sole power to judge of their undue elections , retorns , misdemeanors , breaches of privileges , and all other matters concerning their membership , not the commons ; and if they can neither constitute , elect nor remove their own speaker for sickness , or any other cause , without the kings privity and consent declared in the house of lords ; much lesse can they suspend , seclude , or eject any member out of the house , when chosen and returned by the freeholders , citizens , or burgesses , as their attorny or trustee in equal power with themselves , without the kings or lords consents , for any pretext of unfitness or undue election . and if the king ( as sir edward cook grants , and these presidents prove ) may discharge the speaker from his office for grievous sickness and inability to discharge it ; i mak no question but he may likewise , upon the like petition of the commons or speaker , discharge him of his attendance in the house , or any other member for the self same reason , and grant a writ to elect another able and fitting person in his place , according to the opinion of h. . brooks parliament , . and crompton in his jurisdiction of courts , f. . approved by the whole house of commons , and accordingly practised in h. . against (r) sir edward cooks bare opinion ( without reason ) to the contrary . in the parliament holden at westminster h. . rot . parl. n. . (ſ) thomas thorp his case , item ▪ because that the writ of summons of parliament returned by the sherif of roteland was not sufficiently nor duly returned as the commons conceived ▪ the said commons prayed our lord the king , and the lords in parliament , that this matter might be duly examined in parliament , and that in case ther● shall be default found in this matter , that such a punishment might be inflicted , which might become exemplary to others to offend again in the like manner : whereupon 〈◊〉 said lord the king , in full parliament , commanded the lords in parliament to examine the said matter , and to do therein as to them should seem best in their discretions . and thereupon the said lords caused to come before them in parliament , as well the said sherifs , at william oneby , who was returned by the said sherif for one of the knights of the said county , and thomas thorp , who was elected in full countie to be one of the knights of the said shire , for the said parliament , and not returned by the said sherif . and the said parties being duly examined , and their reasons well considered , in the said parliament , it was agreed by the said lords , that because the said sherif had not made a sufficien● return of the said writ , that he shall amend the said return , and that he shall return the said thomas for one of the said knights , as he was elected in the said county for the parliament : and moreover that the said sherif for this default shall be discharged of his office , any committed prisoner to the flee● , and that he should make sins and ransome at the kings pleasures . ●o● here the lords in parliament , at the commons request , and by the kings command , examine and give judgement in case of an undue election , and retorn , even without the commons . in this same parliament richard cheddar esquire , a menial servant and attendant on sir thomas brook , chosen one of the knights to serve in parliament for the county of somerset , was horribly beaten , wounded , blemished and maimed by one john savage : whereupon the commons complained thereof to the king and lords , petitioning them for redress both in his particular case for the present , and all others of that nature for the future , (u) that they might make fine at the kings 〈◊〉 and render double damages to the party maimed , whether members of theirs servants . whereupon , it was ordained and established by the king and lords ; that for as 〈…〉 deed was done within the time of the said parliament , that proclamation be made where it was done , that the said john appear , and yield himself in the kings bench , within a quarter of a year after the proclamation made : and if he do not , he shall be attainted of the said deed , and pay to the party grieved his double damages , to be taxed by the judges of the said bench for the time being , or by enquest , if need be , and also he shall make fine and ransom at the kings will ( which was accordingly executed , as appears by h. . f. , . ) and moreover , it is accorded in the same parliament , that likewise it be done in time to come in case like . by which petition and act it is most apparent , . that the king and lords have the sole power of judging and punishing the breaches of privilege of parliament , by batteries , wounding , or imprisonment , and that both in the cases of knights , citizens , and burgesses , and of their menial seruants in such and the like cases . ly . that this act gives the commons no power at all to punish any man for breach of privilege in like case ; but only prescribes a certain remedy for time to come , by imprisonment , action , double damages , fine and ransom at the kings pleasure in the kings bench ; not commons house , or parliament , who are not fit to be troubled with such particular cases of privileges , which would interrupt the more publike affairs . hence the king willing to provide for the ease and tranquillity of them that came to his parliaments and councils by his commandment , hath ordained and established ( upon the commons petition ) by the statute of h. . c. . that the self same remedy , proceeding , damages and punishment shall be had in the kings bench , ( not commons house or parliament ) ( as was prescribed in h. . c. . ) against any person that shall doe any assault or affray to any lord spiritual or temporal , knight of the shire , citizen , or burgesse coming to the kings parliament or council by his command : how then the commons can judge or determine such violation of privileges , now against these statutes and presidents , and create themselves judges of them , transcends both my law and reason . in the parliament of h. . ( as i find in a special note , though not in the parliament roll ) sir john tibetot the speaker , prayed , que plest le roy & seigniors , that it would please the king and lords , that robert clifford , companion of richard chiderough , chosen knights for the county of kent , might appear for them both , and doe all in both their names , as if both of them were present in parliament , which the king and lords assented to . in the parliaments of h. . n. . & . and of h. . n. . upon petitions and complaints of the commons to the king and lords , there were two statutes made to prevent the abuses and false retorns of sherifs , touching the elections of knights of shires , & to inflict penalties on them by a law ( which formerly were arbitrary at the kings and lords discretion ) h. . c. . and h. . c. . the penalty inflicted by these acts on the sherif , for a false return , contrary to these acts , is only l. fine to the king , and such undue retorns are from thenceforth to be examined and tryed ( not by the commons alone by information without oath as now , but ) by the justices assigned to take assizes , and that by enquest and due examination upon trial before the said justices ; which is likewise afterwards ratified by the statutes of h. . c. . h. . c. . h. . c. . wherof if the sherif be found guilty , he shall forfeit l. to the king , and the knights of counties unduly returned , shall lose their wages of the parliament , of old time accustoned ( not be turned out by a committee of privileges , and others chosen in their places by the commons order , as now : ) and the statutes of h. . c , . h. . c. . h. . c. . h. . c. . h. . . touching elections of knights , citizens and burgesses made since the former , do not alter this law , nor give the house of commons the least power or authority to judge or determin the legality or illegality of any elections ; but leave this to the king and lords to redress , as at first , before their making , and give the knights duly chosen , but not returned l. damages against the sherif , and citizens and burgesses l. against mayors and baylifs who make false returns , by way of action of debt in the kings courts at westminster , where the parties must sue for relief , or in the starchamber before the kings lords and council , as in bronkers case , trin. . eliz. not in the commons house , as these statutes and presidents in our law-books , dyer , f. . . plowden , f. . to . old book of eniries , f. , . resolve ; how then the commons are now becom sole judges of all false returns and elections , and that per legem et consuetudinem parliamenti , against all these acts and presidents , let sir edward cooke and others resolve me , and the intelligent when they are able : not by the objected late arbitrary presidents , which are of no value ; but by antient usage and law of our parliaments and solid reason , which cannot be produced for to justifie these late innovations and extravagances . it is most true , that in the cases of undue elections , and breaches of privilege of the commons house members or servants , the king and lords were antiently sole judges , ( not the commons in any one case ) and that upon the commons own petitions , as the premises evidence , and i shall fully manifest by these ensuing punctual presidents . in the parliament of h. . n. . the commons petitioned the king for a law to be made , to prevent the manifold tumults , uproars at , and disorders in the election of knights of the shire by the vulgar rabble , and meaner sort of people , of small or no estate , ( most busie and tumultuous in them , having then a voice , ) that the king by advice and assent of the lords spiritual and temporal , would seclude all from having voices at such elections for the future but freeholders , who held s. freehold by the year above all reprisals ( more than l. a year now ) or upwards ▪ which the king and lords assented to and the statute of h. . c. . was hereupon made agreeable to this petition , with that of h. c. . by like petition in pursuance of it . in this very parliament of ( ) h. . rot . parl . n. . one william lake , servant to william mildred a burgess of london , was taken in execution for a debt , and committed prisoner to the fleet , contrary to the privilege of the commons house ; whereupon the commons petitioned the king , that by the advice and assent of the lords spiritual and temporal , at the special request of the commons , he might be enlarged ; which the king and lords assenting unto , gave order for his release , and authorized the chancellor to appoint certain commissioners to take him again in execution , after the parliament ended . the commons not then claiming the least power or jurisdiction to enlarge him , or to fine or imprison those who took him in execution , as of late times they have done . and in this parliament , upon the petition and supplication of the prelates and clergy , n. . the king , by the assent and advice of the lords , enacted the statute of h. . c. . that the clergy and their attendants called to the convocation by the kings writ , should have and enjoy for ever hereafter the same liberty and immunity in going , coming and tarrying , as the great men and commonalty of england called , or to be called to the kings parliaments have used and enjoyed ; they complaining to the king , that they and their servants coming to the convocation , were oftentimes , and commonly arrested , molested and inquieted . which they had no power to redress , but only the king and lords , upon their complaints thereof . in the parliament of ( ) h. . n. . it was shewed to the king and the lords spiritual & temporal , that gilbert hore , sherif of the county of cambridge , upon the kings writ directed to him to chuse . knights for that shire , & had made no return of any knights for that county , for certain reasons therein expressed . whereupon the king by advice and assent of the lords spiritual and temporal , ( not the commons house alone , as now , nor yet joyntly with them ) ordered , that a new writ for electing . knights for that county should be directed to him ; and that he should make proclamation , that no person should come to the election with arms , or arrayed in warlike manner in disturbance of the said election , and breach of the kings peace . a memorable president of the kings and lords jurisdiction , even in point of elections . in the ( ) parliament of h. . n. . the commons petitioned the king , that by the advice and assent of the lords spiritual and temporal , and at their special request , it might be enacted ; that every member of the lords and commons house , who should have any assault or affray made upon him , being at the parliament , or going to or coming from thence might have the like remedy , at sir thomas parr knight had given him in this parliament : ( to wit , upon petition of the commons in his behalf to the king and lords , being the same as was enacted in chedders case , & h. . c. . before . ) whereunto the king answered , the statutes therefore made shall be observed . in the ( ) parliament of h. . rot . parl . n. , , , . we have this memorable famous case touching privilege of parliament , in their very speakers own case , resolved by the lords . thomas thorp chief baron , was chosen speaker of the parliament , after his election , and before the parliament ( which was prorogued ) sat , he was arrested and taken in execution at the sute of the duke of york : whereupon some of the commons were sent up by the house to the king , and lords spiritual and temporal sitting in parliament , desiring that they might enjoy all their ancient and accustomed privileges , in being free from arrests , and propounded the case of thomas thorp their speaker to them , desiring his inlargement ; whereupon the said lords spiritual aad temporal , not intending to hurt or impeach the privilege of the commons , but equally after the course of law to administer justice , and to have knowledge what the law will weigh in that behalf , declared to the justices , the premises ; and asked of them , whether the said thomas ought to be delivered from prison by force and vertue of the said privilege of parliament or not ? to the which question the chief justices , in the name of all the justices aforesaid , communication and mature deliberation had among them , answered and said ; that they ought not to answer that question , for it hath not been used aforetime , that the justices should in any wise determine the privilege of this high court of parliament ; for it is so high and mighty in his nature , that it may make that law which is not , and that that is law , it may make no law , and the determination and knowledge of their privilege belongeth to the lords of the parliament , and not to the justices : but as for declaration of proceedings in the lower courts in such cases , as writs of supersedoas of privilege of parliament be brought and delivered , the said chief justice said , that there be many and divers supersedeas of privileges of parliament brought into the courts ; but there is no general supersedeas brought to furcease all processes , for if there should be , it should seem that this high court of parliament , that ministreth all justice and equity , should let the process of the common laws , and so it should put the party plainant without remedy , for so much as † actions at common law be not determined in this high court of parliament . and if any person that is a member of this high court of parliament , be arrested in such cases as be not for treason or felony , or surety of the peace , or for condemnation before the parliament , it is used , that all such persons should be released of all such arrests , and make an attorney , so that they may have the freedom and liberty freely to attend upon the parliament . after which answer and declaration it was throughly agréed , assented and concluded by the lords spiritual and temporal that the said , thomas , according to the law ▪ should remain still in prison for the causes abovesaid , the privilege of the parliament , or that the same sir thomas was speaker of the parliament , notwithstanding . and that the premises should be opened and declared to them that were comen for the commons of this land , and they should be charged and commanded in the kings name that they with all goodly hast and speed proceed to the election of another speaker . the which premi●es , for as much as they were matters of law , by the commandement of the lords , were opened and declared to the commons by the mouth of walter moyle , one of the kings sergeants at law , in the presence of the bishop of ely , accompanyed with other lords in notable number : and there it was commanded and charged to the said commons by the said bishop of ely , in the kings name , that they should proceed to the election of another speaker with all goodly hast and speed , so that the matters for which the king called this his parliament might be proceeded in : and this parliament take good and effectual conclusion and end . whereupon the commons accordingly elected thomas charlton knight , for their speaker the next day , and acquainted the lords therewith , and desired the kings approbation of their choice , which was accorded unto by the king , by assent of the lords . lo here . the lords spiritual and temporal , are the sole judges of the privilege of the very speaker of the house of commons , who is here adjudged to remain in execution , notwithstanding their petition for his enlargement . ly , the whole house of commons could not then send for , nor yet enlarge their own speaker when imprisoned , but are enforced to petition the king and lords for his enlargement . ly , the lords , in the kings name , command the commons to chuse and present another speaker in his room , and that with all speed ; which they accordingly did , and then present him to the king and lords , for their approbation , who allowed of their choice . in the parliament of h. . n. . there were divers knights of counties , citizens and burgesses named , returned , and accepted , some of them without any due or free election some of them without any election at all ; against the course of the kings lawes , and the liberties of the commons of the realm , by vertue of the kings letters , without any other election , and by the means and labours of divers seditious and evil disposed persons , only to destroy certain of the great faithfull lords and nobles , and other faithfull liege people of the realm , out of hatred , malice , greedy and unsatiable covetousness , to gain their lands , ( ) inheritances , possessions , offices , and goods , as the statute of h. . c. . relates . the commons were so farr from having power to exclude , or confirm their elections themselves ; that they petitioned the king , by advise and assent of the lords , that all such knights , citizens and burgesses as were thus returned to this parliament by vertue of the kings letters , without any other election , should be good , and that no sherif for returning them might incurr the pain therefore provided by the statute of h. . c. . which the king and lords assented to at their request . in the † parliament of h. . n. . walter clerk , one of the burgesses of parliament for chippenham , was arrested and imprisoned in the fleet for divers debts due to the king and others , upon a capias vilagatum ; whereupon the commons complained thereof to the king and lords by petition , and desired his release , and rendred them an act of parliament ready drawn for that purpose ; to which petition and bill of theirs , the king by the assent of the lords spiritual and temporal assented ; and thereupon he was freed . not by the commons power , order , or judgement , but by the kings and lords advice and assents . ( ) william hyde , a burgess of chippenham in wiltshire , being taken in execution , upon a capias ad satisfaciendum , and imprisoned in the kings bench during the parliament , contrary to his privilege , the commons thereupon by a petition praved the king , that by advice and assent of the lords spiritual and temporal , he might be delivered for the present by a writ of privilege out of the chancery ; which the king by the advice and assent of the lords , granted , saving the right of his prosecutors , to have execution upon him again after the parliament ended . e. . n. . in the * parliament of e. . n. . john at-will , a burgess for exeter , was condemned in the exchequer upon . several informations during the parliament , at the prosecution of iohn taylor of the same town ; upon complaint thereof by the commons to the king and lords in parliament by petition , the king by advice and assent of the lords spiritual and temporal , ordered , that he should have as many supersedeas against the said judgements and informations as he pleased , until his coming home from the parliament . in these last recited cases , the commons had no power at all to deliver or enlarge their own members when imprisoned ( as of late years they have practised ) but always petitioned to the king and lords for their release and relief ; who thereupon released and relieved them against the breaches of their privileges , when they saw good cause . which cases i have examined by , and transcribed out of the parliament rolls themselves in the tower , and not taken upon trust , or the abridgements of them , which leave out the main ingredients ; the commons petitions to , and advice and assent of the king and lords , expressed in the rolls at large . richard strode gentleman , one of the burgesses of parliament for the burge of plympton in devonshire , in the parliament of h. . for agreeing with the commons house in putting out bills against certain abuses of the tinners , being a tinner himself , by the malice of john furse tinner , under-steward of the stann●ries , and his misinformation , that the said richard str●de at the last parliament held●n at westminster , would have avoided , and utterly destroyed all liberties , privileges and franchises concerning the scanne●ies , was upon . bills thereof made by the said furse presented and found guilty of the premises in . several stannery courts and condemned to forfeit l. on every bill to the king , upon an act and ordinance made by the tinners , to which he was never warned nor called to make answer , contrary to all laws , right reason and good conscience : and one john agui●●iam begging l. of the said forfeiture from the king , caused the said richard to be taken and imprisoned in lidford castle in a dungeon and deep pit under ground , where he was fed only with bread and water , to the peril of his life , and was to have irons laid upon him . upon which he petitioned the parliament for remedy , and that it might be ordained and enacted by the king ▪ the lords spiritual and temporal , that the condemnations against him for the said l. in the stanneries , and every parcel thereof , and judgements and executions had , or to be had for the premises , might be utterly void , and of none effect against him ▪ which was done for him accordingly ▪ and moreover it was enacted , that all sutes , accusations , condemnations , executions , fines , amerciameuts , punishments , corrections , grants , charges , and impositions , put or had , or hereafter to be put or had upon the said richard , & to every other person or persons that were in this parliament , or that of any parliament hereafter shall be , for any bill , speaking , reasoning , or declaring of any matter or matters concerning the parliament to be communed or treated of , be utterly void , and of none effect : and that any person vexed or troubled , or otherwise charged for any causes as aforesaid , shall have an action of the case against every person or persons so vexing or troubling him contrary to this ordinance , and recover treble damages and costs : and that no protection essoign or wager of law , shall in the said action in any wise be admi●red nor received ; as you may read in the statutes at large , h. . ch . . intituled , an act concerning richard strode : the commons themselves being unable to releive him in this high breach of privilege , but by a petition to the king and lords , and a special act of parliament made for him . in the parliament of h. . there fell out this famous case , thus at large recorded by ( ) holinshed and ( ) crompton out of him . in the lent season , whilst the parliament yet continued , one george ferrers gentleman , servant to the king , being elected a burgess for the town of plimmouth , in the county of devon , in going to the parliament house was arrested in london by a proces out of the kings bench , at the sute of one white , for the sum of two hundred marks or thereabouts , wherein he was late afore condemned as a surety for the debt of one welden of salisbury , which arrest being signified to sir thomas moile knight , then speaker of the parliament , and to the knights and burgesses there , order was taken , that the serjeant of the parliament , called s. i. should forthwith repair to the counter in bredstreet , whither the said ferrers was carried , & there to demand delivery of the prisoner . therupon the serjeant as he had in charge went to the counter , and declared to the clerks there , what he had in commandment ; but they and other officers of the city were so far from obeying the said commandment , as after many stout words , they forcibly resisted the said serjeant , whereof ensued a fray within the counter gates , between the said ferrers and the said officers , not without hurt of either part , so that the said serjeant was driven to defend himself with his mace of arms , and had the crown thereof broken by bearing off a stroke , and his man stroken down . during this brawl , the sherifs of london , called rowland hill , and h. suckley came thither , to whom the serjeant complained of this injury , and required of them the delivery of the said burgesse , as afore ; but they bearing with their officers , made little account either of his complaint , or of his message , rejecting the same contemptuously , with much proud language , so as the serjeant was forced to return without the prisoner , and finding the speaker , and all the knights and burgesses set in their places , declared unto them the whole cause as it fell out : who took the same in so ill part , that they altogether ( of whom there were not a few , as well of the kings privy counsel , as also of his privy chamber ) would sit no longer without their burgess , but rose up wholly and repaired to the vpper house , where the whole case was declared by the mouth of the speaker , before sir t. audeley knight , then lord chancellor of england , and all the lords and judges there assembled : who judging the contempt to be very great , referred the punishment thereof to the order of the common house . they returning to their places again , upon new debate of the case , took order , that their serjeant should eftsoon repair to the sherifs of london , and require delivery of the said burgess , without any writ ● warrant had for the same , but only as afore . albeit the lord chancellor offered there to grant a writ , which they of the common house refused , being of a clear opinion , that all commandements and other acts proceeding from the neather house , were to be done and executed by their serjeant without writ , only by shew of his mace , which was his warrant . but before the serjeants return into london , the sherifs having intelligence how hainously the matter was taken , became somewhat more mild , so as upon the said second demand , they delivered the prisoner without any denial . but the serjeant having then further in commandment from those of the neather house , charged the said sherifs to appear personally on the morrow , by of the clock before the speaker in the neather house , and to bring thither the clerks of the counter , and such other of their officers as were parties to the said affray ; and in like manner to take into his custody the said white , which wittingly procured the said arrest , in contempt of the privilege of the parliament ; which commandment being done by the said serjeant accordingly , on the morrow , the two sherifs , with one of the clerks of the counter ( which was the chief occasion of the said affray ) together with the said white appeared in the common house : where the speaker charging them with their contempt and misdemeanor aforesaid , they were compelled to make immediate answer , without being admitted to any counsell ; albeit sir ro. cholmley then recorder of l. and other the counsel of the city then present , offered to speak in the cause , which were all put to silence , and none suffered to speak , but the parties themselves ; whereupon in the conclusion the said sherifs and the same white , were committed to the tower of london , and the said clerk ( which was the occasion of the fray ) to a place there called little base , and the officers of l. which did the arrest , called tailer , with officers more to newgate , where they remained from the until the of march , and then they were delivered , not without humble sute made by the mayor of l. and other their friends . and forasmuch as the said ferrers being in execution upon ● condemnation of debt and set a● large by privilege of parliament , was not by law ●o be brought again into execution , and so the party without remedy for his debt , as well against him as his principal debtor , after long ●ebate of the same by the space of or days together ; at last they resolved upon an act of parliament to be made , and to revive the execution of the said debt against the said welden , which was principal debtor , and to discharge the said ferrers . but before this came to passe the commons house was divided upon the question : but in conclusion , the act passed for the said ferrers , who won by voices . the king being then advertised of all this proceeding ▪ called immediately before him the lord chancellor of england and his judges , with the speaker of the parliament , and other the gravest persons of the neather house , to whom he declared his opinion to this effect . first , commending their wisdom in maintaining the privileges of the house ( which he would not have to be infringed in any point ) alleged , that he being head of the parliament , and attending in his own person upon the business thereof , ought in reason , to have privilege for him and all his servants attending there upon him . so that if the said ferrers had been no burgesse , but only his servant , that in respect thereof he was to have the privilege as well as any other . for i understand ( quoth he ) that you not only for your own persons , but also for your necessary servants , even to your cooks and horse-keepers , enjoy the said privilege , insomuch as my lord chancellor here present , hath informed us , that he being speaker of the parliament , the cook of the temple was arrested in l. and in execution upon a statute of the staple : and forasmuch as the said cook , during the parliament served the speaker , in that office , he was taken out of execution by the privilege of the parliament ; and further we be informed by our judges , that wee at no time stand so highly in our estate royal as in the time of parliament ; wherein we as head , and you as members , are conjoyned and knit together into one body politick , so as whatsoever offence or injury ( during that time ) is offered to the meanest member of the house , is to be judged , as done against our person , and the whole court of parliament : which prerogative of the court is so great ( as our learned counsel informeth us ) as all acts and processes coming out of any other inferiour courts , must for the tiime cease and give place to the highest . and touching the party it was a great presumption in him , knowing our servant to be one of this house , and being warned thereof before , would nevertheless prosecute this matter out of time , and therefore was well worthy to have lost his debt , which i would not wish ; and thereforefore doe commend your equity , that having lost the same by law , have restored him to the same against him who was his debtor ; and this may be a good example to other , not to attempt any thing against the privilege of this court , but to take the time better ; whereupon sir edward montague then lord chief justice , very gravely declared his opinion , confirming by divers reasons all that the king had said , which was assented unto by all the residue , none speaking to the contrary . the act indeed passed not the higher house ; for the lords had not time to consider of it by reason of the dissolution of the parliament . from this president , i shall observe , . that this is the first president , that the commons house ever sent their serjeant to demand a member imprisoned , without first acquainting the king and lords : whereupon the serjeant was thus resisted , affronted . ly , that upon the serjeants report of this resistance and contempt , the commons house did not undertake to punish it themselves , though there were many of the kings privy council then of and in it ; but according to former presidents , went and complained thereof in rhe lords house ; praying them to redress and punish it . ly , that all the lords and judges there assembled , judged the contempt to be very great . ly , that thereupon ( being busied with other weighty publike affairs ) they by special order , referred the examination & punishment thereof to the commons house . ly . that thereupon the commons by vertue of this ( ) special reference from the lords , ( not by their own inherent authority or jurisdiction ) sent for the delinquent parties , examined the contempt , imprisoned the sherifs of london , and white in the tower , and the under officers in newgate . ly . that afterwards they acquainted the king and lords with their proceedings , who approved and commended the same . ly , that they would have confirmed part of their judgement by an act , to discharge ferrers of the execution , and not to revive it after the parliament , which passed but by . voices ; and never passed the lords house , who would not assent thereto . all which particulars unanswerably evidence , that the judgement and punishment of contempts and breaches of privilege of the commons house and their members , belong wholly and solely to the lords , not to the commons house at all ; unless by special order and reference from the lords to the house of commons , who are to be informed of their proceedings and censures upon such a reference , and to ratifie them by their assents , or some act of parliament . therefore the conclusion of ( ) crompton from this president , and dyer , f. . ( which hath not a syllable to this effect ) that any knight , burgess , baron of the . ports , or others called to the parliament of the king , shall have privilege of parliament during the parliament or session of it : so that he who arrests any of them during that term shall be imprisoned in the tower by the nether house of which he is , and shall be put to a fine , and the kéeper also if he will not deliver him , when the serjeant at arms shall come for him by command of the house ; is but a me●r mistake . and the late objected presidents , have been grounded only upon his authority , and the mistaking or misapplying of ferrers case , ( ) w. trewynnard , a burgess of parliament in h. . ( the very next year after this case of ferrers ) was taken in execution upon an exigent , grounded on a capias ad sa●isfaciendum , by the sherif of cornwal ; upon a complaint thereof to the king and lords in parliament , there issued a writ of privilege in the kings name during the sessions of parliament , to r. chamond , then sherif of cornwal , to release him , reciting that he was a burgess , and likewise the custom of the privilege of parliament : whereupon he was released ; the personal attendance of every member being so necessary in parliament , that he ought not to be absent for any business , because he is a necessary member ; and therefore ought to be privileged from arrests . now the parliament consisting of . parts : to wi● of the king as chief head , the lords , the chief and principal members of the body , and the commons , the inferiour members , making up one body of parliament ; ( as chief justice dyer there resolves ) these inferior members , have no means to relieve themselves when their persons are arrested , but by complaint to the head , or chief and principal members of this body ; as in all other corporations , where the mayor , recorder , aldermen , justices , and chief officers are the only judges , not the commons , to hear and determine all injuries done to any commoner . ( ) pasch . . & . phil. & mariae , rot. . b.r. the attorney general in the kings and queens name , exhibited an information against . knights , citizens & burgesses of the commons house , for absenting themselves , and departing from the parliament then held , without the kings and queens special license , contrary to their prohibition , and in manifest contempt of the said king , queen and parliament , and to the great detriment of the state of the commonwealth of this realm , and the ill example of others . the great lawyer edmond plowden being one , pleaded he was present at the parl. from the very beginning of it to the end , and that he departed not from it ; which he was ready to verify as the court should direct , and prayed judgement to be discharged . edward harford another of them , pleaded a special license to depart , whereupon his prosecution was stayed ; but so that process ●ill issued against the rest . the commons house therefore i● q. maries reign , were not re●ted sole judges of their own members in cases of departure from parliament in contempt , to the publike prejudice , and ill example of others , as now they deem themselves , by sir edward cooks new-invented law and custom of parliaments . in the ( ) parliament of eliz. feb. . a report was made to the commons house , by a committee appointed to consider how mr. halls man , then a member , and imprisoned against his privilege , might be released ; that the committee found no president for setting at large by the mace , any person in arrest , but only by writ of privilege : and that by divers presidents and records perused by the committee , every knights , citizen or burgess , requiring privilege for his servant , hath used to take a corporal o●th before the lord chancellor , that the pa●ty for whom such writ is prayed , came up with him , and was his servant at the time of the arrest made . whereupon mr. hall was moved to repair to the lord keeper , and make such oath , which he did , and then had a writ of privilege . in the ( ) parliament of eliz. jan. saturday ; mr. paul wentworth , moved for a publike fast , and for a sermon every morning at . a clock before the house sate : the house upon debate were divided about the fast ; . were for , and . against it : it was thereupon ordered , that as many of the house as conveniently could , should on sunday fortnight after assemble and meet together in the temple church , there to hear preaching , and joyn together in prayer , with humiliation and fasting , for the assistance of gods spirit in all their consultations during this parliament , and for the preservation of the queens majesty and her realm : and the preachers to be appointed by the privy council that were of the house , that they may be discreet , not medling with innovation or unquietness . this order being made by the commons alone , without the lords and queens privities & assents , the queen being informed thereof , sent a message to the house by master vice-chamberlain , a member of it ; that her highness had great admiration of the rashness of this house in committing such an apparent contempt of her express command ( not to meddle with her person , the state , or church-government ) as to put in execution such an innovation , without her privity or pleasure first known . thereupon the vice-chamberlain moved the house , to make humble submission to her majesty , acknowledging the said offence and contempt , craving the remission of the same , with a full purpose , to forbear the committing of the like hereafter . upon which , by consent of the whole house , mr. vice-chamberlain carried this their submission to her majesty : as being the judge and punisher of their misdemeanors even in the house it self , though caried by majority of voices . in the ( ) parliament of eliz. the commons questioning the chusing and returning of the knights of the shire for norfolk , the queen said : she was sorry the commons medled therewith ▪ being a thing impertinent for that house to deal withall : it belonging only to the office of the lord chancellor , from whom the writs issue , and to whom they are returned . in the ( ) parliament of eliz. mr. peter wentworth , and sir henry bromley , delivered a petition to the lord keeper , desiring the lords of the vpper house to be suppliants with them of the lower house unto her majesty , for intayling the succession of the crown ; whereof a bill was ready drawn by them . the queen being highly displeased therewith , as contrary to her former strict command , charged the lords of her council to call the parties before them , which they did ; and after speech with them commanded them to forbear the parliament , and not to go out of their lodgings : after which mr. wentworth was committed by them to the tower , sir henry bromley , with mr. richard stevens , and mr. welch , ( to whom sir henry had imparted the matter ) were committed to the fleet , sitting the parliament . and when mr. wr●th moved in the house , that they might be humble suters to her majesty , that she would be pleased to set at liberty those members of the house that were restrained ; it was answered by all the privy counsellors there present : that her majesty committed him for causes best known to her self , and to press her highness with this sute , would but hinder them whose good as fought● that the house must not call the queen to account for what she doth of her royal authority : that the causes for which they are restrained , may be high and dangerous : that her majesty liketh no such questions , neither doth it become the house to search into these matters . in the same parliament , m. morrice , attorny of the court of wards , by a serjeant at arms was taken out of the commons house , febr. . and committed to prison by the queens command ; for delivering in a bill against the abuses of the bishops , on tuesday febr. . against which many members spake , that it should not be read : the queen hearing of it , sent for sir edward cooke , then speaker , the same day , giving him in command with her own mouth to signifie to the house , her dislike of the said bill preferred by mr. morrice , and charging him upon his allegiance , if any such bill he exhibited , not to read it . adding , it is in me and my power to call parliaments , it is in my power to end and determine them : it is in my power to assent or dissent to any thing done in parliament . lo here several members of the commons house , imprisoned by the queens command by the lords of her council , for disobeying her express commands in her speech , in medling in matters of state and ecclesiastical affaires , which she had forbidden them to do : so farr was the commons house then from being the judges , or sole judges of their own members , privileges , speeches , or actions in the house it self , even in this good queens late reign of blessed memory . in the same parliament of eliz. when sir edward 〈◊〉 was speaker of the commons house , there fell out a question in the commons house about the amendment of a mistake in the 〈◊〉 of the burgess of southwark : and after long debate it was resolved ▪ that the house could not amend it , but the l● . keeper in chancery , ●here the return was of record , if he thought it amendable by law ; and that master speaker should wait upon the lord keeper about it , which he did ; who advised with the judges concerning it , as appears by the journal . in the same parliament , thomas fitz-herbert of staffordshire was elected a burgess of parliament , and two hours after , before the indenture returned , the sherif took him prisoner upon a capias utlagatum ; whereupon he petitioned the house , that he might have a writ of privilege and be enlarged . after many dayes debate and arguments of this case in the house by sundry lawyers , and sir edward cooke , then speaker ; it was agreed ; that no writ of privilege could in this case be returned into the house of commons , being but a member of parliament , and no court of record , but only into the chancery or house of peers ; and that this being a point of law , it was meet the judges should be advised with , and determine it , not the house : and at last he was outed of his privilege by the houses resolution , these forecited presidents in all ages will sufficiently prove the late objected presidents , for the commons sole judicial authority and jurisdiction in cases of privilege and elections , and the suspending , ejecting , fining , secluding , imprisoning their own members , and such who violate their privileges , or make false returns ; to be a meer late groundless innovation , if not usurpation , upon the king , house of peers , and chancellors of england , no ways grounded on the law and custom of parliaments , as * sir edward cooke mistakes , but point-blank against them both , and that the statutes concerning elections , and attendance or absence of knights and burgesses , as r. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . which ( ) cite our lord the king willeth , commandeth and ordaineth , or hath ordained , by advice and assent of the lords spiritual and temporal , upon complaint , or at the special request of the commons : ( to shew that they are only petitioners , not judges , nor ordainers in all or any of them , ) give them not the least title of jurisdiction in cases of elections , or privileges . and therefore , according to the resolution of all the judges , hill. . jacobi , in the case of penal statutes , cook rep. f. . that the prosecution of penal statutes cannot by law be granted to any , nor be prosecuted or executed in any other order or manner of proceeding , than by the acts themselves is prescribed and provided ; the commons cannot , against the letter and provision of all those acts , be judges of them in any other manner or order than they prescribe . as for their proceedings in the committee of privileges touching elections , since they have interposed in them as they have been very irregular , illegal , in respect all the witnesses they examin touching them are unsworn , and give their testimonies without oath , upon which they ground their votes : so they are for the most part very partial , and for that cause it is usually stiled , the committee of affections ; he that can make the most friends and strongest party , being sure to carry the election for the most part , both at the committee and in the house , though never so foul , as i could instance in many cases of late times ; and more especially in the case of the election of cirencester . too foul to blot my paper with . for their suspending , secluding , ejecting their own members , i have sufficiently manifested its illegality long since in my ardua regni ; being a late dangerous president began within our memories , the sad effects and consequences where of we now discern by these dangerous gradations . . the commons began to seclude one another upon pretence of * undue elections and retornes in queen elizabeths reign , but not before , which they have since continued , and that rather to strengthen or weaken a party in the house , then to rectifie undue elections and retorns , which a good act would easily do . ly . in the later and last parliaments of king charls they * began to seclude projectors ; though duly elected . ly . they proceeded to suspend and eject such who were royallists , and adhered to the late kings party . ly . they proceeded to imprison and eject those members whom the army * offices impeached or disliked as opposite to their designs . ly . the minority of the house at last , by the power of the army , secured , secluded , expelled the majority , and or . near members , and made themselves the commons house without them . ly . they then proceeded to † vote down and seclude both king and house of lords , then voted themselves to be the parliament of england , & sole legislators , and supream authority of the nation without either king or house of lords , or majority of their fellow members , prescribing an engagement under strictest penalties , against k. & house of lords , to seclude them from all future parliaments . ly . hereupon the † army officers and souldiers , ( who made , continued them an absolute parliament , and first of all subscribed the engagement to be true and faithfull to them without king and house of lords ) at last by divine justice , against their very engagements to them , secluded & suppressed them all , as they had done the king , lords , and their fellow members , and declared them to be actually dissolved , and no longer to be a parl. or the supreme authority of the nation . ly . they then proceeded to chuse and nominate a parliament at whitehall alone , without the peoples election ; and then one part of them , without the rest , resigned their new soveraign power , and secluded , dissolved the residue , and turned them out of doors . ly . they then proceeded to a new model of parliaments , wherein they disabled most of the freeholders , citizens and burgesses of england to be either electors or elected members , contrary to their privilege , and all former laws for elections : appointed those they stiled , the council of state at whitehall , to seclude what members they pleased ( though duly chosen according to their new ill-tuned instruments ) before or without any examination , or reason rendred for their seclusion to the secluded members , or their electors for their new created parliaments : by which means they secluded whom and how many they pleased in all their late conventions ; and most of those reipublican members and some cashiered army officers , who were most active in securing , secluding their fellow members in december . and in voting down the king and house of lordspunc ; who may now justly say as ado●bez●eh once did in another case , judg. . . as i have done unto-others , so god hath requited me ; being secluded , secured , cashiered , dissolved , and some of them sent prisoners to remote castles , ( as they secluded and thus imprisoned my self , with other their fellow members without cause ) and most justly branded in several pamplets and † declarations for a corrvpt party , carrying on their own ends , to perpetuate themselves in their late parliamentary and supream authority ; never answering the ends which god , his people , and the whole nation expected from them , but exercizing an arbitrary power at committees ( and elsewhere ) over them , likely to swallow up the antient liberties and properties of the people , & to increase their vexations , &c. as they had most unjustly taxed the secluded members . for † a corrvpt majority , acting contrary to their trusts : which i desire them now seriously to lay to heart , and to acknowlege gods soveraign justice therein . ly . their new major generals in their last elections , prescribed to all countries , and to most cities , burroughs , by letters , & lists of names sent to them , what persons they must elect , secluding those they elected which were not in their lists , and caused sherrifs to return many they nominated , though never elected , but protested against by those who were to chuse them : rather to carry on private interests , designs , than the private or publike good laws , liberties , properties , peace , ease of the nation from importable taxes , excizes , slaverie ; and armed guards , and to set up private conventicles , parties , instead of free publike english parliaments , duly elected and constituted . these the sad effects of this innovation and usurpation of the commons over their own members , by the objected presidents , which by divine justice , have made all their new modelled conventions abortive , successess , yea to end in sudden confusions , and unexpected dissolutions ever since . besides , from this their late fining , imprisoning and judging of their fellow members in the house , they proceeded in the last long parl. to make almost every committee of the commons house , a most arbitrary & tyrannical court of justice , independent on the house it self , without any report at all of their proceedings to the house ; * authorizing committees to secure , imprison , close imprison , cashire , banish , condemn , execute many persons , sequester , confiscate , sell , dispose their inheritances , offices , lands , tenements , benefices , real and personal estates ; to deprive them of their callings , professions ; to search and break up their houses , by soldiers and others , without any legal sworn officers , day and night , to seize their letters , papers , horses , arms , plate , money , yea debts in other mens hands at pleasure ; to indemnifie and stay their legal actions , sutes , judgements at law , and null their executions at their pleasures ; yea to commit them till they released all sutes , actions , judgements , and paid costs and damages to those they justly sued , and recovered against , to adde affliction to affliction , and cruelty , oppression to injustice . these are the bitter fruits of commons usurped judicature , whereof there are thousands of most sad presidents which may hereafter be objected to prove the sole power of judicature to reside of right , not in the k. or house of lords , but in the commons house alone , and every of their committees , especially for examinations , plundered ministers , sequestrations , indempnity , haberdashers and goldsmiths halls , privileges , sales of delinquents , the kings queens , princes , lands and estates , excise , the army , navy , and the like : yea in their new created high courts of justice ; who have acted as absolute arbitrary , unlimited , lawlesse courts of justice in the highest degree , to the subversion , destruction of the antient liberties , freeholds , properties , great charters , and fundamental laws of the nation in general , and of thousands of the highest & lowest degree of english freemen in particular ; with as much ground of reason , & warrant from the many late presidents of this nature , as these here objected , to prove a so●e right of ●udicature in the commons house , in cases of undue elections , retorns , misdemeanors , privileges relating to their members and their seruants . which strang exorbitant presidents and proceedings , if they should be made patterns for future parliaments and committees ; i shall desire all sober minded men to consider of the dangerous consequences of them , thus notably expressed by the late king in his † answer concerning the ordinance for imposing and levying the th . part of mens estutes november . after this ordinance and declaration , t is not in any sober mans power to believe himself worth any thing , or that there is such a thing as law , liberty , property , left in england under the jurisdiction of these men ; and the same power that robs them now of the twentieth part of their estates , hath by that but made a claim , and entituled it self to the other nineteen , whne it shall be thought fit to hasten the general ruine . sure , if the minds of all men be not stubbornly prepared for servitude , they will look on this ordinance , as the greatest prodigie of arbitrary power and tyranny that any age hath brought forth in any kingdom ; other grievances ( and the greatest ) have been conceived intollerable , rather by the logick and consequence , than by the pressure it self ; this at once sweeps away all that the wisdom and justice of parliaments have provided for them . is their property in their estates ( so carefully looked to by their ancestors , and so amply established by us against any possibility of invasion from the crown ) which makes the meanest subject as much a lord of his own , as the greatest peer , to be valued or considered ? here is a twentieth part of every mans estate ( or so much more as four men will please to call the twentieth part ) taken away at once , and yet a power left to take a twentieth still of that which remains , and this to be levied by such circumstances of severity , as no act of parliament ever consented too . is their liberty which distinguishes subjects from slaves , and in which this freeborn nation hath the advantage of all christendom dear to them ? they shall not only be imprisoned in such places of this kingdom ( a latitude of judgement , no court can challenge to it self in any cases ) but for so long time as the committee of the house of commons for examination shall appoint and order ; the house of commons it self having never assumed , or in the least degree pretended to a power of judicature , having no more authority to administer an oath ( the only way to discover and find out the truth of facts ) than to cut off the heads of any our subjects ; and this committee being so far from being a part of the parliament , that it is destructive to the whole , by usurping to it self all the power of king , lords , and commons . all who know any thing of parliament , know that a committee of either house ought not by law to publish their own results , neither are their conclusions of any force without the confirmation of the house , which hath the same power of controling them , as if the matter had never been debated ; but that any committee should be so contracted ( as this of examination , a stile no committee ever bore before this parliament ) as to exclude the members of the house , who are equally trusted by their country , from being present at the counsels , is so monstrous to the privileges of parliament , that it is no more in the power of any man to give up that freedom , than of himself to order , that from that time the place for which he serves , shall never more send a knight or burgesse to the parliament , and in truth is no lesse than to alter the whole frame of government , to pull up parliaments by the roots , and to commit the lives , liberties , and estates of all the people of england , to the arbitrary power of a few unqualified persons , who shall dispose thereof according to their discretion , without account to any rule or authority whatsoever . are their friends , their wives , and children ( the greatest blessings of peace , and comforts of life ) pretious to them ? would their penury and imprisonments be lesse grievous by those cordials ? they shall be divorced from them , banished , and shall no longer remain within the cities of london and westminster , the suburbs and the counties adjacent , and how far those adjacent counties shall extend no man knows . the sort of presidents and objections are such , as lilburn and overton insist on , to prove ; that the king and lords have no power at all to judge or censure commoners in our parliament . the only record they insist on is the lords own protestation in e. . n. . & . in the case of sir simon bareford ; which because i have already fully answered , p. , , . and cleared by sundry subsequent presidents , and there being no one president in any parliament since to contradict it , i shall wholly pretermit , and proceed to their objections , which are only two . the first and principall objections whereon they most insist and rely , is the statute of magna charta , chap. . that no free-man shall be imprisoned , outlawed , exiled , or any other may destroyed ; nor we shall not passe upon him nor condemn him , but by the lawfull judgement of his peers , or by the law of the land. whence thus they argue : the lords in parliament are not commoners peers , but the commons only ; therefore they cannot be judged in parliament by the lords , but by the commons alone ; and if peers there judge commoners , it is a tyranny and usurpation even against magna charta it self , though it be in case of privilege . to take away this grand seeming objection , and give it a satisfactory answer , i say : first in general , that there is scarce one parliament ever since magna charta was first confirmed , but the lords have sentenced and given judgement against some commoners capitally , or penally , in body , purse , or both , without the commons ( and did so doubtlesse before magna charta was made , as i have already manifested ) yet never did the commons in any one of those parliaments till this present , complain of it , as a violation of magna charta , or a tyrannical usurpation , as lilburn and overton stile it ; but acknowledged ir as a just right in the lords , even in caroli it self when the petition of right was passed , in the lords judgement and sentence against † dr manwaring a commoner , impeached by the commons in parliament . and therfore for this ignoramus alone , against the judgment of the commons in parl. in all ages , to averr this a breach of magna charta for imprisoning and sining him for the highest affront and breach of privilege ever offered to any parl. is the extremity of ignorance , malice , singularity . secondly , i answer , that the statute of magna charta extendeth not to , nor was ever intended of the high court of parliaments judgements , proceedings , but only to and of the proceedings , judgements in the kings great courts of justice at westminster hall , the exchequer , his privy council , and other inferior courts held before judges , justices of assise , and other officers , as is evident by comparing this objected chapter with c. , , , , , , , , . by the statutes of e. . stat. . c. . e. . c. . e. . c. . e. . c. . e. . c. . r. . c. . and the petition of right it self , . caroli , which so expound it ; there being never any complaint against the parliament it self or house of peers in any age , for breach of magna charta , in censuring or imprisoning commoners till now . therefore this misapplying of this law to the parl. and house of peers , is a gross oversight . thirdly , the very literal sence of this law is much mistaken by the objectors ; the main scope whereof is this , that no man should be deprived of his freehold , liberties , limbs , life , or outlawed , exiled , or otherwise destroyed , without legal process in due form of law , in courts of justice ; not by meer force , violence , injustice , arbitrary and tyrannical power , or martial law , nor being brought to his legal trial or answer : and that none should pass upon them in any trials for freehold , or life , but only english freemen . now in respect of freedom , any , every freeman of england is a peer to another freeman , quatenus such a one , within this law , though of an higher degree in point of honour , dignity , office , estate ; as knights , esquires , gentlemen , yeomen , citizens , merchants ; these as freemen , are all peers one to another , and may pass upon each other in juries , both in civil and criminal causes and this clause ( ) no freem●n shall be imprisoned , &c. but by the lawfull judgement of his peers ; extends only to villains and those who are not freeholders from being iudges of freemen and freeholders in trials by jury , ( whence the writs to the sherifs to summon jurors , require them alwayes to return liberos & legales homines ) not to exclude lords or peers ( who are freemen in the highest degree ) to be judges of commoners who are freemen . so as the argument from the true meaning of this law can be but this , in respect of the persons quality who are to give judgement ; villains , and those who are no freemen , are not to be judges of , or impannelled in juries to condemn freemen ; because they are not their peers , nor freemen as well as they : therefore lords who are freemen of the highest degree , may not give judgement against commoners who are freemen ; very learned nonsence ! we all know that the lord chancellor of england , lord keeper , lord treasurer , master of the court of wards , and some of the judges of the kings courts in westminster hall in former times , with the chief justiciar , and justices in eyre , were antiently , and of late too ( as the earl of holland and others ) peers of the realm , not commoners ; and that all the peers of the realm are in commissions of oyer and terminer , and of the peace ; yet did we never hear of any commoner demurring or pleading thus to any of their jurisdictions in chancery , kings bench , the exchequer chamber , eyres , assises or sessions ; sir , i am a commoner , and you are a peer of the realm , but no commoner as i am ; besides , you sit here only in the kings right , doing all in his name , and representing his person , who is not my peer , but sovereign . therefore you ought not to judge my cause , condemn my person , nor give any sentence for or against me , it being contrary to magna charta , which enacts , that no freeman should be judged or passed upon , or condemned , but by the lawfull judgement of his peers . certainly no person was ever yet so mad or sottish , to make such a plea before ignoramus lilburn ; and if lords , peers may judge the persons , causes of commoners in the chancery , kings bench , exchequer , court of wards , eyres , and at assises , sessions , without any violation of this clause in magna charta ; ( though they are * exempted to be impannelled or serve in juries , in cases of commoners , as commoners in juries to try them ) much more may the house of peers in parliament doe it ; who are certainly peers to commoners , as freemen , though commoners be not peers to them , as lords , within the meaning of magna charta , chap. . fourthly , if the lords in parliament cannot meddle with , or give judgement in commoners causes , without breach of this clause in magna charta , then why did ( ) lilburn himself sue and petition to the lords as the only competent judges to reverse his sentence in star , chamber , and give him damages , because it was against this very chapter of magna charta ? if lords cannot give judgement in the case of commoners , as now he holds , without express violation of this law ; then himself in petitioning the lords to relieve him against the star-chamber sentence , because contrary to this very law and chapter of magna charta , was a great a violator of it , as his star-chamber censurers , and his sentence in star-chamber remains still unreversed , because the lords examining , reversing of it , ( they being no commoners as he is , but peers , ) was coram non judice , and meerly void , by the statute of e. . stat. . c. . because contrary to magna charta it self , as he now expounds it . let him therefore unriddle , assoyl this his own dilemma , or for ever hold his tongue and pen , from publishing such absurdities to seduce poor people , as he hath done ; to exasperate them to clamour against the lords , for being more favourable in their censure of him , than his transcendent libels and contempts against them deserved . fifthly , this statute is in the disjunctive , by the lawfull judgement of his peers ; or by the law of the land , which this ignoramus observes not . now by the † law of the land , every inferiour court of justice may fine and imprison men for contempts , or misdemeanors against them and their authority : therefore the lords in parliament being the highest tribunal , may much more do it , and have ever done it , even by this express clause of magna charta , and the law and custom of parliament , as well as they may give ( ) judgements in writs of error against or for commons , without the commons consent , as himself doth grant : yea , and by the kings concurrent assent , declare what is treason , and what not , within the statute of e. . c. . in the cases of commoners as well as lords , without the commons ; as they did in the forecited cases of william de weston and lord of gomines , r. . n. , , . of william thorp , e. . n. . of thomas haxey , r. . n. , . . of sir thomas talbot , r. . n. , . of sir robert plesington , and henry bowhert , r. . plac. coronae in parliamento , n. , . of john hall , h. . plac. coronae in parl. n. . to . of sir ralph lumley and others , h. . n. . , , . of sir john oldcastle , h. . n. . and of sir john mortymer , h. . n. . as the commons and judges in all those parliaments agreed without contradiction , against the erronious opinion of sir edward cooke to the contrary in his . institutes , p. . sixthly , it is granted by lilburn , that by this express law , no freeman of england ought to be judged or censured but only by his peers , and that commoners are no peers to nobles , nor noblemen peers to commoners ; then by what law or reason dared he to publish to the world , (d) that the house of commons are the supreme power within this realm , and that by right they are the lords judges ? certainly this is a note beyond ela ; a direct contradiction to magna charta in this very clause wherein he placeth his strength , and subverts his very ground-work against the lords jurisdiction in their censure of him . for if the house of commons be by right the lords iudges , then by magna charta , c. . they are and ought to be their peers ; and if the commons be the lords peers , then the lords must be the commons peers too ; and if so , then they may lawfully be his judges even by magna charta , because here he grants them to be no other than his peers ; lo the head of this great goliah of the philistin levellers , cut off with his own sword ; and magna charta for ever vindicated from his ignorant and sottish contradictory glosses on it . now to convict him of his errour , in affirming the house of commons to be by right the lords judges , i might inform him ( as i have formerly proved at large ) that magna charta it self , c. . & . and sir edward cook ( his chief author ) in his commentary on them , are express against him ; that in the parliament of e. . ch . . in print , it was enacted : that whereas before this time the peers of the land have been arrested and imprisoned , and their temporalties , lands and tenements , goods and chattels seised into the kings hands , and some put to death , without iudgement of their péers ; that no peer of the land , officer or other , by reason of his office , nor of things touching his office , nor by other cause shall be brought in judgement , to lose his temporalties , lands , tenements , goods , chattels , nor to be arrested or imprisoned , outlawed , exiled , nor forejudged , nor put to answer , nor to be judged , but by award of the said péers in parliament ; which privilege of theirs was both enjoyed and claimed in parliament , e. . n. , e. . n. , , , , . e. . n. . e. . n. . to . r. . n. , . r. . n. , &c. and sundry other parliament rolls . see cook . instit . p. . e. . . cromptons jurisdiction of courts , f. . , . stamford , f. , . this paradox therefore of his , is against all statutes , law-books , presidents whatsoever , and magna charta it self . and as false an assertion , as that the subjects are the judges of their soveraign , the servants of their masters , the children of their parents , the wi●es of their husbands , the soldiers of their general , and the feet and lower members of the head. the second & only objection more of moment , is this ; if the house of peers may without the commons fine and imprison commoners ; then if their fine and imprisonment be unjust and illegal , they shall be remediless , there being no superior court to appeal unto ; which will be an intollerable slavery and grievance , not to be indured among free-born people . i answer , first , that no injustice shall or ought to be presumed in the highest court of justice , till it be apparently manifested . secondly , if any such censure be given , the party ( as in chancery ) upon just grounds shewed , may petition the house of peers for a review and new hearing of the cause , which they in justice neither will nor can deny ; and if they do , then the party grieved may petition the house of commons to intercede in his behalf to the peers for a rehearing ; but for them to discharge , free any commoner judicially censured by the lords , i have hitherto met with no president in former parliaments , nor power in the house of commons to doe it , who cannot reverse erronious judgements in any inferiour courts by writ of error , but the lords alone , much less then the judgements of the higher house of peers , which is paramount them . thirdly , i conceive the house of peers , being the superior authority , and only judicatory in parliament , may relieve or release any commoners unjustly imprisoned or censured by the commons house , or any of their committees , and ought in justice to doe it ; or else there will be the same mischief or a greater , in admitting the house of commons to be judges of commoners , if there be no appeal from them to the lords , in case their sentences be illegal or unjust . thirdly , this mischief is but rare , and you may object the same against a sentence given , or law made in parliament , by the king and both houses , † because there is no appeal from it , but only to the next or some other parliament that shall be summoned , by petition in the nature of a writ of error . there is a greater grievance in all ill publique acts which concern many , than in ill judgements which concern but one or two particular persons ; which yet cannot be repealed but by another parliament ; as the errours and decrees of one general council cannot be rectified or reversed , but by and till another general council meets to do it . the same mischief was and is in errours , judgements , and decrees given in the kings bench , chancery , & in illegal commitments by them ; for which there is no relief out of parliament , but to wait till a new parliament be called . for this i shall cite one memorable record ( besides the forecited cases of the two spencers , roger mortimer , matravers , earls of arundel , salisbury , and others ) relating to the parliaments of ireland . claus . e. . m. . pro hominibus de hybernia de custumae oneribus revocandis , roberto de ashton iustic . hyberniae . a complaint was made from some of ireland to the king , that willielmus de windsore being lieutenant of ireland , at the first parliament held there after his coming , desired diversa custumae et onera quae antea alique tempore concessa non fuerunt , viz. de quolibet lasto halicium , s. with divers impositions more on most commodities there expressed . et licet praelati , magnates , et alii ligei nostri pro majori parte in dicto parliamento nostro existentes , concessionem , levationem et solutionem custumae et onerum supradictorum absque assensu minoris partis dicti parliamenti concesservnt per tres annos tantum , et non ultra concesserunt , praefatus tamen willielmus et alii de consilio suo , ● rotulo cancellariae nostrae ejusdem terrae irrotulari et registrari fecerunt , quod dictae custumae et onera per ommes in dicto parliamento praesentes perpetuis temporibus percipienda , concessa fuerunt ; in ipsorum nostrorum ligeorum terrae nostrae praedict : destructionem et depauperationem manifestam . unde nobis supplicarunt , &c. et ideo vobis mandamus , quod praemissa omnia et singula ejusdem , modo et forma quibus gesta et act a fuerunt in proximo parliamento nostro in terra praedicta tenendo , coram praelatis , magnatibus e● communitate dicti parliamento recitari ac dec●arari facias . etsi per expositionem et examinationem vobis constare poterit praemissa veritatem continere , tunc irrotulationem ac recordum concession●s custumae et onerum praedict : de assensv dicti parliamenti cancellari , et damnari , et levationem et exactionem custumae praedict : ratione concessionis antedictae post dictum triennium supersederi facias omnino . teste , &c. maii. it appears likewise by claus . . e. . m. . de quodam subsidio in hybernia levando , that they likewise complained by petition to the king that the said william de windsor whiles he was lieutenant of ireland , had imposed on them a subsidy of l. in the two last parliaments there held at kilkenny and balydoill , against their wills and their free grants ; whereupon the king had sent a writ , that it should not be levied : pro eo tamen , that we are since informed by the great men , and other credible persons of ireland , that the l. was freely given and granted by the lords , greatmen , and commons in these parliaments , et non per viam impositionis exact : as was suggested . volumus de avisamento concilii nostri , quod omnes denarios de dicta summa . librarum qui a retro existunt ; & nondum levati de hominibus et ligeis nostris terrae nostrae praedictae , juxta formam concessionis eorundem leventur , &c. teste apud westmonasterium decembris . finally , he that suffers by and under an unjust censure , will have the comfort of a good conscience to support him till he be relieved ; and therefore he ( ) must possess his soul with patience , and rejoyce under his cross , and not rail , murmur , and play the bedlam , as lilburn , his companions , overton , larnar , and other sectaries doe , against our ( ) saviours own precept and example , and then god in his due season will ( ) relieve and right them in a legal way ; whereas their impatience , raving , and libellous railing pamphlets and petitions ( not savouring of a christian , meek and humble spirit ) will but create them new troubles , expose them unto just and heavy censures , and rob them both of the comfort and glory of al their former suffrings against law and reason . having answered these objections , i shall now earnestly desire all lilburns and overtons seduced disciples , whether members or others , seriously to weigh and consider the premises , that so they may see how grossely they have been deluded , abused ; and misled by these two ignes fatui , or new-lights of the law , and circumscribers of the lords and parliaments jurisdictions , which ( god knows ) they no more know nor understand than balams asse ; as the premises demonstrate ; and i shall seriously adjure them ( if they have any grace , shame , or remainder of ingenuity left in them ) ingeniously to recant , and publiquely to retract all their seditious railing libels and scurrilous invectives against the lords * undoubted privileges , jurisdiction , and judicature , which i have here unanswerably made good by undeniable testimonies , histories , records , and the grounds of policy and right reason ( which they are unable to gainsay ) to undeceive the many ignorant over-credulous poor souls they have corrupted and misled to the publique disturbance of our kingdoms peace ; and let all their followers consider well of our saviours caution , mat. . . if the blind lead the blind ( as these blind-guids doe them ) both of them shall fall into the ditch , and there perish together : o consider therefore what i have here written to undeceive your judgements , and reform your practice ; consider that dominion , principality , regality , magistracy and nobility are founded in the very law of nature , and † gods own institution , who subjected not only all beasts and living creatures to the soveraign lordship of man , to whom he gave dominion over them , gen. . , . c. . , , · psal . . , , . by vertue whereof men still enjoy dominion over the beasts ; but likewise one man unto another ; as (i) children to their parents , wives to their husbands , servants to their masters , subjects to their kings , princes , magistrates , souldiers to their captains , mariners to their ship-masters , scholtars to their tutors , people to their ministers ▪ which order , if denied or disturbed , will bring absolute and speedy confusion in all families , corporations , states , kingdoms , armies , garrisons , schools , churches , and dissolve all humane societies , which subsist by order and subordination only to one another ; and seeing god himself and jesus christ are frequently stiled in scripture , not only king , lord , the head of all principalities , powers , thrones , dominions , but also king of kings , and lord of lords , deut. . . ps . . . tim. . . rev. . . c. . . c. . . ( which glorious titles they must lose if all kings and lords be totally abolished : ) and since monarchy , royalty , principality , nobility ; yea titles of honour and nobility , ( as † kings princes , dukes , lords , &c. ) are of divine institution : col. . . rom. . , . eph. . . yea as antient almost , as the world it self , universally received , approved among all nations whatsoever under heaven , and honoured with special privileges , as not only all (k) eminent authors and experience manifest , but these ensuing scripture texts , gen. . . c. . ● . to . c. . . . c. . . c. , , . c. . . c. . . . . . c. . , , , , , , , to . c. . , . c. . , to . c. . , . exod. . . numb . . , &c. c. . , , , . c. . . . , , . c. . . c. , , . c. . . c. . . c. . . deut. . . , . josh . . , , . c. . . c. . . c. , , , , . judg. . , . sam. . , . sam. . . kin . . c. . , , . c. . . c. . . iob . . c. . . psal . . . . psal . . . . . ps . . , . ps . . . ps . . , . ps . . . prov. . , . prov. . . eccl. . , . judg. . . c. . . sam. . . c. . . , . jer. . . to . dan. . . c. . , , . c. . . mat. . . mar. . . c. . . cor. . . rom. . , , , . tim. . . tit. . , . pet. . , , . acts . . ( which i wish our sectaries levellers , and lilburnists to consider and study , with the others forecited ; it will be a meer folly and madnesse in any man to prove antipodes to this institution of god , nature , nations : to run quite contrary to all men , and to level the head , neck , shoulders to the feet ; the tallest cedars to the lowest shrubs ; the roof of every building to the foundation stones , the sun , moon , stars , heavens , to the very earth , center , and even men themselves to the meanest beasts . i shall therefore conclude with saint pauls serious admonition , which these refractory persons have quite forgotten , rom. . , . . let every soul be subject to the higher powers ; for there is no power but of god , the powers that be are ordained of god ; whosoever therefore resisteth ( much more oppugneth , abolisheth ) the power , resisteth ( oppugneth , abolisheth ) the ordinance of god. and they that resist ( oppugne or endeavour to abolish these powers ) shall receive to themselves damnation ; for rulers are not a terrour to good works , but to the evil ; wherefore ye must needs be subject , not only for wrath , but likewise for conscience sake . and for this cause pay you tribute also , for they are gods ministers , attending continually on this very thing . render therefore to all ( such just higher powers ) the●ues , tribute to whom tribute , custom to whom custom , fear to whom fear , honour to whom honour is due , ( which saint peter likewise seconds almost in the self same words , which you may doe well to peruse and study , pet. . . to . ) and then you will never dare to question or dispute any more the power , judicatory , privileges of the right honourable house of peers , much lesse to revile and libel against their lawfull power , persons , judicature , as now you doe , to the infinite scandal of your schismatical faction , and religion it self , which you professe only in shew , but deny in deeds and practice . i shall close up this plea with these ensuing presidents of power given by act of parliament to the lords of the kings council , to answer those petitions , and redresse those grievances , which were not answered nor redressed sitting the parliament , after the parliaments themselves were ended ; and that at the commons special requests . parl. h. . n. . i●e● lavantdir iour de marcz . un au●●e petition fuist baillez a nostre seignior le roy en mesme le parlement per les comunes dicel , le tenour de quell petition ey e●suit● please au roi nostro soverayn seignior considerer , comet plusours petitions ount estez baillez et exhibitez a vestre tresnoble ha●tesse par les comunes de cest present parliament pur ent avoir covenable remedie , et unquore ment determin●z , d'ordenier , per advis des seigniors esperituelx et temporelx & assent des comunes avantaitz , que les ditz petitions purront estre deliveres a les seigniors de vestre tressage counseill ; lez que●x appellez a eux les justices et autres gentz aprisez en v●stre ley si besaigne y foit , aiant poair par auctoritee du dit parlement , p●r entre cy et la fest del nativite de seint johan baptiste prouohein avenir , doier et terminer les dites petitions , et que ycelle ensi terminez del advis et assent suis ditz , pu●runi estre enactez , enrollez et mys de recorde de mesme vestre parlement . la quell petition lev en mesme le parlement et entenditz , del advis et assentdes seigniors espirituelx & temporelx en le die parlement adonqes esteantz , fuit restonduz a icell en manere ensuant . le roi le voet et postea videlicet vicessimo sec●ndo die junii tunc proxime sequenti , omnes et singulae petitiones quae domino nostro regi per comunes parliamenti praedicti pro congruo remedio inde auctoritate ejusdem parliamenti habend . libertatae et exhibitae minimeque ante dissolutionnem parliamenti praedicti determinatae , fuerunt certis dominis de consilio regis subscriptis , videlicet carissimo avunculo regis , humfrido duci gloucestriae , ac venerabilibus patribus johanni archiepiscopo ebor. johanni bathon et wellen cancellario angliae , & willielmo lincoln episcopo , necnon et radulpho cromwell militi thesaur . angl. waltero hungerford militi et magistro willielmo lyndwode custodi privati figilli , dom. dom. regis apud westm. in camera stellata preatextu auctoritatis praedictae aexhibitae fuerunt et libertatae , qui quidem domini appellatis sibi prius justiciariis ac aliis peritis in lege , tam communes quam spirituales petitiones subscript . de petitionibus antedictis coram eos legi fecerunt , easque auctoritate praed ▪ in forma qua in indorsamento earundem petitionum continetur determinaverunt : quarum quidem petitionum tenores una cum responsionibus earundem inferius hic sequuntur . the like was enacted and done in the † parliaments of h. . n. . h. . n. . h. . n. . h. . n. . since then the lords at the commons request , were thus au●horized to be judges , answerers , reformers of their petitions and grievances in parliament , which could not be there answered , redressed ▪ during the parliaments sitting , even after those parliaments determined ; much more must they be the only proper judges , answerers and redressers of them in our parliaments , whiles they continued sitting ; and those who are proper judges of their petitions and estates in parliament , must by the self-same reason be admitted to be the proper iudges of their persons likewise in all cases proper for parliamentary conusance , maugre all pretences to the contrary . a supplement to the premises . the principal scope of the precedent plea for the lords and house of peers , being only to justifie and ratifie their ancient just right to sit and vote in all english parliaments , and great councils or state and their judicial authority in them , without the commons , especially in criminal causes , then only controverted , contradicted by lilbourne , overton , & their disciples ; i reputed it both useful , and necessary to superadde thereto some memorable presidents in former ages ( which no vulgar writers of our english parliaments have remembred ) of the kings and lords proceedings , judicature in parliament in civil and ecclesiastical causes ▪ of publick and private concernment , as no way heterogeneal , but homogeneal to my theam , to make this plea more compleat , and communicate some more knowledge of parliamentary affairs and proceedings , both to the ignorant and learned in this declining age wherein learning and learned men of publick spirits in all professions , are so much decayed , and little visible probability left of any speedy reparations of this inestimable losse , for want of publick encouragement ; i shall proceed herein , only in a chronological method , as i have done for the most part in the premises , beginning with the ancientest president i meet with of this kind , and so descending to succeeding ages . about the year of christ , our (a) famous brittish victorious king arthur , by his letters and messengers summoned all the kings , prelates , dukes and nobles subject to him , to meet at the city of caerleon on the feast of pentecost ▪ then to be new crowned , and settle the peace and affairs of his realmes ; whereupon there assembled at that time and place thirteen kings , three archbishops , and many princes , dukes , consuls , earls and lords ( whose names are registred in geoffry monmouth ) whiles they were thus convened , there arrived twelve men , with letters from lucius tiberius , procurator of the roman republick , demanding in high language , the tribute of brittain , which the senate command king arthur to pay , with the arrears injuriously detained , because julius caesar had reserved it ( upon his conquest of brittain , and hee with other romane emperours had long received it : summoning him likewise to appear at rome in august the year following , to satisfie the senate for the injuries done them , and submit to the sentence their justice should pronounce ; or else denouncing war against him . this letter being publickly read before all the kings , princes , dukes and nobles present ; the king consulted with them , craving their unanimous advise and sense concerning this business ; affirming , that this tribute was exacted , ex irrationabili causa ) against all reason ; for he demanded it to be payd as due , because it was paid to julius caesar , and his successors , who invited by the devisions of the old brittains arrived with an army in brittain , and by force and violence subjected the country to their power , shaken with domestick commotions . now because they obtained it in this manner , vectigal ex eo injuste receperunt ; therefore they unjustly received tribute out of it . nihil enim quod vi & violentia acquiritur , juste ab ●llo possidetur , qui violentiam intulit : irrationabilem ergo causam prae●endit qua nos jure sibi tribitarios arbitratur . for nothing which is acquired by force and violence , is justly possessed by any man who hath offered the violence . therefore hee pretends an irrationable cause whereby hee reputes us to be tributaries to him , &c. the whole council upon debate fully assented to this opinion , and promised the king their assistance against the romans in this cause . whereup●n king arthur returned this answer , that he would by no m●ans render them tribute , neither would he submit himself to their judgement concerning it , nor repare to rome , &c. an expresse resolution . that conquest by warr , force , and violence , is no good , just , nor lawful , but an unlawful and unjust title to any tributes or possessions , which these who now pretend they are conquerors , and us a meer conquered nation , and therefore they may impose what taxes , excises tributes , laws , executions they please upon us ( when as they were only raysed , waged commissioned , to defend , preserve our laws , liberties , king , parliament , and kingdomes , not to conquer or enslave them ) may do well to consider . in the year of our lord , . (b) king kenulfus , upon the petition and complaint of athelardus arch-bishop of canterbury , consentientibus , episcopis et principibus meis , assembled in a parliamentary council , restored four parcels of lands to christ-church in canterbury , which king offa heretofore had taken from this church , and conferred on his officers . (c) kenulfus king of mercia , calling a provincial council held at cloveshe , anno dom. . wherein all the bishops , dukes , abbots , and nobles of every order were assembled , complaint was made therein , that after the death of arch-bishop cuthhert , verheb and osbert , led by a malignant spirit , stole away the evidences and writings of the monastery of cotham , and all the lands thereunto belonging , given by king athelbald to our saviours church in canterbury , and brought them to kenulfus king of the west-saxons , who thereupon converted the said monastery and lands to his own use . after which ●regwin and jambert arch-bishops of canterbury , complained of this injurie done to the church in sundry councils , both to king kenulfus , and offa king of mercia , who took from kenulfus the monastery of cotham , with many other lands , and towns , and subjected them to the realme of mercia . at last kenulfus induced by late repentance , restored the evidences and writings of the said monastery , together with a great summe of mony to the said church , to prevent the danger of an excommunication , but king offa , as hee received the said monastery without writings , so hee retained them during his life , and left them to descend to his heirs without any evidence after his death ; whereupon athelardus the arch-bishop , and other wise men of christ-church , brought these evidences and writing touching gotham into this council of clovesho ; where when they had been publickly read ; omnium voce decretum est , that it was just the metropoliticall church should bee restored to the said monastery , of which shee had been unjustly spoiled for so long a time . athelardus receiving also in this council the dignities and possessions which king offa had taken from jamber● ; annuente ipso rege , as (d) gervasius records . in (e) a council held at clovesho , anno . upon complaint of the arch-bishop of canterbury , the arch-bishoprick of litchfield was dissolved , and the bishopricks annexed to it by king offa taken from the see of canterbury , restored and reunited thereunto , by the consent of king kenulfus , his bishops , dukes , and nobles , ( who writ a letter to pope leo for that purpose ) unanimo consilio totius sanctae synodi . and in this council also , other lands were restored to the bishop of worcester , and other controversies between bishops concerning their lands and limits decided . (f) in another council at clovesho , anno . wherein king kenulfus , wulfred , arch-bishop of canterbury , with the rest of the bishops , abbots , lords , and great men , as well ecclesiastical as secular were present ; inquiry was made , whether any were unjustly spoiled and deprived of their rights ? whereupon it was shewed , that arch-bishop wulfred was unjustly deprived of his just lordship and jurisdiction near six years space , and forced under pain of confiscation of his goods and banishment , to convey three hundred hydes of land to him , upon condition that he should bee restored to his full archiepiscopal authority ; which condition was not performed . after the kings death , abbesse kenedrytha , his daughter and heir , was summoned to this council , where the arch-bishop complained of the injuries done to himself , and christ-church in canterbury by her father , requiring reparations for them from the abbesse , if it were just . whereupon all the council held it just , and decreed by an unanimous decree , that all the lands and things taken away from the arch-bishop by her father , should bee restored , together with the profits thereof lost for so long a space , as also all the books and writings , by the abbesse being heir to the king , which was accordingly performed by her . (g) king bertulfus , anno . holding a great council , with the prelates and nobles of the whole realme of mercia , upon the complaint of siward , and the monks of croyland , of certain injuries maliciously done unto them by their adversaries , in violating the bounds and priviledges of their sanctuary , to the great prejudice of their abby : thereupon the king , prelates and nobles in this council for redress of this injury , prescribed a perambulation of their bounds to be made by the sheriffe of the county , and to certifie the same unto them when made ; which was accordingly made , certified to , and confirmed by the king , prelates and nobles in the council , held by them at kingsbury , in the year , . ( as you may read at large in ingulphus ) upon the petition of abbot siward . after the death of (h) king edgar , anno . there being a great difference between the nobles of the realme about electing a new king ; some of them siding with ethelred , others with edward , his two sons , all the bishops , abbots , and nobles assembled in a great parliamentary council to debate and determine their rights and titles to the crown . wherein they elected and crowned edward the elder brother king. in this council , and two or three more succeeding it at winchester and calne ; the married priests complained to the lords , that they were unjustly expelled out of their churches by the monks , and their prevailing party during king edgars reign , to their dishonour , and the great injury of the nation , desiring that the monks might bee ejected , and they restored to their churches they anciently injoyed : about which there were great contests and disputes in sundry councils , the king and lords inclining to restore them , against arch-bishop dunstans , and other monkish prelates wills . about the year . there was a (i) witenagem●t , or parliamentary council held at london , to which the dukes , princes and nobles resorting from all parts ; adelwold bishop of winchester complained , that one leofsi , who had purchased lands of him in the isle of ely , not only refused to pay for them , but also disseised him of three other mannors . the cause being opened and pleaded by the bishop , and the lawyers flocking thither from all parts : they all adjudged , that the lands and mannors should bee restored to the bishop , together with all his dammages , and that leofsi for this his rapine should also pay a fine and ransome to the king. (k) queen edgen in a civil cause and suit in the county court between her and goda , appealed from that court to king ethelred , and a parliamentary council at london , congregatis principibus & sapientibus angliae . in the time of st. edward , a suit between the bishops of winchester and durham , coram principibus et episcopis regni in praesentia regis , ventilata & finita est . in the tenth year of king william the conquerour , episcopi , comites et barones regni regia potestate ediversis provincis ad universalem synodum pro causis audiendis et tractandis convocati sunt , (l) as the leger book of westminster records . hence i suppose it was , that what we now call a parliament , was sometimes stiled by our ancient historians in former ages magnum placitum because of the great pleas and suits therein decided , and judged by the king and lords . (m) king william the first , anno . held a great council of his prelates and nobles at winchester . in hoc concili● dum caeteri trepidi , ut pote regis aegn●scentes animum , ne suis honoribus privarentur venerandus vir wulstanus , wigorniensis episcopus , quamplures possessiones sui episcopatus ab aldredo archiepiscopo du● à wigorniensi ecclesia ad eboracensem transferretur sua potentia retentas qui eo tunc defuncto in regiam potestatem devenerant , constanter proclamabat , justitiamque inde fieri , tam ab ipsis qui concilio praeerant , quam a rege flagitabat . at quia eboracensis ecclesia non habens pastorem qui pro ea loqueretur , muta erat , judicatum est , ut ipsa querela sic remaneret quousque archiepiscopo ibi constituto qui ecclesiam defenderet ) dum esset qui ejus querelae responderet , & objectes & responsis posset ebiden●us et iustius iudicium fieri , sicque tunc a querela ad tempus remansit . but thomas being soon after consecrated arch-bishop of york , thereupon reverendi wulstani wigorniensis episcopi mota est iterum querela , archiepiscopo jam consecrato thoma , qui pro eboracensi loqueretur ecclesia ; & in concilio in loco qui vocatur pedreda , celebrato coram rege ac doroberniae a●chiepiscopo lanfranco , & episcopis , abbatibus , comitibus & primatibus totius regni , dei gratia adminieulante termina●um . cunctis siquidem machinationibus , non veritate stipatis , qu●bus thomas , ejusque fautores wigorniensem ecclesiam deprimere , & eboracensi ecclesiae subj●cere aniliamque facere modis omnibus satagebant , justo dei judicio in scriptis evidentissim is detritis & penitus annihillatis , non solum vir dei wulstanus proclamatas & expetitas possessiones accepit , sed & suam ecclesiam ( deo clamante & rege concedente ) ea libertate liberam suscepit qua primi fundatores ejus , sanctus rex ethelredus , offa , &c. ipsam liberaverunt . by which history it is apparent , that the king and lords in that age had the sole judicature in civil causes in the parliaments then held , and decided civil titles and controversies therein between bishops and spiritual , as well as temporal persons . in the year-book of ed. . fol. . there is a recital , that upon the complaint of the abbot of st. edmonds de bery against the bishop of norwich for infringing the liberties of the abby , in the reign of william the conquerour , in a parliament held under him ; ( most likely in this council of pedreda ) it was ordained per le r●y , et per larchebesque de canterbury , et per touts les auters ebesques de la terre , countes et barons ( without mentioning any commons ) that at what time soever hereafter the bishop or any of his successors should go against the points of the foundation or exemption of the said abby , that he who should bee bishop for the time , should pay to the king or his heirs thirty talents of gold . the bishop of norwich in . e. . contrary to the kings prohibition , not to enter the franchises , nor intrench upon the priviledges of the said abby against this ancient ordinance , visited in the foresaid abby , and summoned them to shew the charters of their foundation , wrongfully , and in despite of our lord the king. whereupon the king sued forth a writ of contempt against the bishop ; to which the bishop appearing by his attorney , pleaded not guilty ; whereupon hee was found guilty by inquest : upon which it was awarded , that his temporalties should bee seised into the hands of the king , by force whereof his temporalties were seised , and a scire facias issued against the bishop to appear before the chancellour , to shew cause why hee should not likewise pay the thirty talents to the king ▪ according to this ordinance . to which the bishop pleaded , that the bishop at the time of this ordinance made , might charge himself with these talents , but not his successours in perpetuity , neither doth it appear that the bishop himself was present in parliament , when this ordinance was made , and the other bishops had no power to charge him or his successours without his consent . but because it was done by ordinance made in parliament , and there of record , it was adjudged it should binde him and his successours , and that hee should pay the thirty talents of gold to the king , and that the king himself shall set the price of them , bee it more or less . (n) odo bishop of bayon , earl of kent , brother to william the conqueror , by his great power and favour about the year . non modo terras , sed & libertates ecclesiae cantuariensis , nullo ei resistente multipliciter invaserat , oppresserat , tenebat , before lanfranc his investiture in this see. lanfranc being made arch-bishop , and informed of this rapine , complained thereof to the king ; whereupon king william , anno . praecepit rex , quatenus adunatis primoribus , & probis viris , non solum de comitatu cantiae , sed & de aliis comitatibus angliae , querelae lanfranci in medium ducerentur , examinarentur , determinarentur . disposito itaque apud pinnedene principum conbentu galfridus episcopus constantiensis , ( vir ea tempestate praedives in anglia ) vice regis lanfranco justitiam de suis querelis strenuissimè facere jussus , fecit : lanfrancus enim valida ratione subnixus ex communi omnium astipulatione et iudicio , ibi cuncta recuperavit , quae ostensa sunt antiquitus ad jura ecclesiae christi cantuariensis pertinuisse , tam in terris , quam in diversis consuetudinibus ; he there recovering no less than five and twenty mannors , besides smaller farmes and parcels of lands which odo and others had seised upon in several counties , and restoring them to the church , in this assembly . (o) gervasius doroberniensis , writes thus of it . in congregatione illa famosa nobilium angliae & seniorum quae ex praecepto regis facta est apud pinendene , dirationavit lanfrancus & recuperavit terras ablatas , libertates & consuetudines revocavit ; et sicut rex tenet liberè consuetudines sibi debitas in terris suis , ita archiepiscopus & ecclesia cantuariensis in omnibus locis tenent homines , suas consuetudines , terras , jura , & libertates , secundum cartas regum . the whole plea and proceedings in this parliamentary assembly at pinendene are recorded in the leiger-book of the church of rochester , and published by mr. selden , ad eadmerum & notae & spicilegium , p. , , . it continued three whole daies : the names of the bishops , nobles , and barons present at it , are there recorded ; and it concludes thus ; hujus placiti multis testibus multisque rationibus determinatum finem post quam rex audivit ; landavit , laudans , cum consensu omnium principum suorum confirmabit , & ut deinceps incorruptus perseveraret , firmiter praecepit ; so that the king and nobles were the judges in this great plea and controversie , and both adjudged and perpetually ratified what was therein adjudged to the church of canterbury , both in lands , customes , liberties . (p) eadmerus writes , that at another time , odo by the kings permission , placitum instituit contra saepefatam ecclesiam , & tutorem ejus patrem lanfrancum , & illuc omnes quos peritiores legum , & usuum anglici regni gnarus adduxit ; cum igitur ad ventilationem causarum ventum esset , omnes qui tuendis ecclesiae causis quaque convenerant in primo congressu ita convicti sunt , ut in quo eas tuerentur simul amitterent : lanfranc being then absent , and not using to bee present at such pleas , nisi necessitas summa urgeret , being at his study , and informed of this evil successe , was nothing dejected at it , sed dicta adversariorum non rectè processisse asseruit , & ideo cuncta in chrastinum induciari praecepit . placitum mane ipsemet hilaris intrat , suas itaque causas quodam exordio quasi à rebus quae tractatae fuerant vel tractandae penitus alieno ▪ cunctis stupentibus orsus , ita processit , ut quae super eum pridie dicta fuerunt sic devinceret & inania esse monstraret , ut donec vitae presenti superfuit , nullus exurgeret qui inde contra eum os aperiret , in the year (q) . there falling out a difference at rome between the two arch-bishops , lanfranc of canterbury , and thomas of york , about the subjection which lanfranc demanded of this thomas and his church of york to the see of canterbury , and pope alexander the xj . quia consuetudinibus , & privilegiis ac privatis episcopatus institutis certius , quam jure scripto definiri posse videbatur ; decretum est à papa , ut a rege et regni proceribus dijudicaretur . whereupon the king , bishops , abbots and nobles assembling together in windsor castle , determined this controversy between them , against the arch-bishop of york , and made a final decree therein , at the feast of pentecost , ratified with the subscriptions of the king , queen , both the arch-bishops , all the bishops , and sundry abbots ; recorded at large in william of malmesbury ; & antiquitates ecclesiae brittannicae , where they who please may peruse it . this (r) controversy about primacy , subjection and canonical obedience , being afterwards renewed , and eagerly prosecuted between anselme , arch-bishop of canterbury , and thurstan of york , was again discussed and determined in a parliamentary council at salisbury by king henry the first , the bishops , abbots and nobles of the whole realme . as i have formely evidenced , p. , , . (ſ) after this there arising the like difference and contest between arch-bishop anselme and gerard of york about his oath of subjection and obedience to the arch-bishop and church of canterbury , anno . it was again resolved in another parliamentary assembly held that year by king henry the first , the bishops , abbots , great men and nobles of the realme , as you read before , p. . anno . there sprung up another ●ot contest between arch-bishop anselme , and thomas elect of york , about the oath of subjection and canonical obedience which was again debated : and (t) after anselmes death again debated and finally setled in another parliamentary council , by the king , bishops , nobles and barons of the realme , of which at large before , p. , , , . the (u) same debate coming again between ralph , arch-bishop of canterbury and thurstan of york , after his returne from exile anno . was again concluded , omnium concilio episcoporum , principum & procerum regni , p. . after many years intestine bloody wars between the perjured usurper king stephen , mawde , and duke henry her son , for the crown of england , (x) anno . apud walingford in conventu episcoporum et aliorum regni optimatum , there was a final accord made between stephen and henry , touching the inheritance and descent of the crown , that stephen should adopt and constitute henry for his son , heir , and successor to the crown of england immediately after his death , which stephen should enjoy during his life , yet so , as that henry should bee chief justice and ruler of the kingdome under him . this accord made between them by the prelates , earles , and barons of the realme , was ratified by king stephens charter , and subscribed by all the bishops , earles and barons in their parliamentary council at walingford . (y) the difference and suit between king henry the d . and roderic king of conact in ireland , touching his kingship , royalties , dominions , services , homage , loyalty , and tribute to king henry , were heard , decided and a final agreement made between them in a great parliamentary council held at windeshores , anno . wherein king henry the d . and his son , with the arch-bishops , bishops , earles and barons of england ( without any commons ) were present , who made and subscribed this agreement , recorded at large in houeden where you may peruse it . (z) king henry the d . anno . celebrato generali concilio apud northampton after the feast of st. hilary ( by the advice of his nobles ) restored to robert earl of leicester , all his lands on this side and beyond the sea , as hee had them fifteen daies before the warre , except the castles of mounsorel and pasci . hee likewise therein restored to hugh earle of chester all the lands which hee had fifteen daies before the warre , and gave to william de abbine son of william earle of arundel in the county of southsex . and in the same council deane guido resigned into the hand of richard arch-bishop of canterbury , the deanery of walteham , and all his right which hee had in the church of walteham , quietum clamavit simpliciter & absolute ; similiter fecerunt canonici seculares de walteham , de praebendis suis , resignantes eas in manis archiepiscopi , sed dominus rex dedit eis inde plenariam recompensationem , ad domini cantuariensis archiepiscopi aestimationem . deinde dominus rex authoritate papae domini , instituit in eadem ecclesia de walteham , canonicos regulares de diversis domibus angliae sumptos , & constituit walterum de garent , canonicum sumptum de ecclesia de osencie , abbatem primum super congregationem illam , & magnis redditibus , & domibus pulcherrimis dotavit illos . and then hee expelled the nunnes out of the monastery of ambresbury , for their incontinency , and distributed them into other nunneries , there to bee kept more strictly under restraint , and gave the abby of ambresbury to the abbesse and house of frum everoit , to hold it for ever . * sanctius king of navar , and alfonso king of castile , in the year . submitted the differences between them concerning certain lands , territories , towns and castles , to the determination of king henry the d . who thereupon summoned a parliamentary council of his bishops , earles , nobles and barons , to hear and decide it by their advice : wherein the case being propounded , debated and opened before them by the ambassadours and advocates of both kings ; appeared to be this . that king sanctius during the minority of king alphonsus , an orphant , his nephew , pupil , and innocent from any crime , unjustly and forcedly took from him without any demand , hearing or title , divers territories , towns and lands there specified , which his ancestors had enjoyed , and of right descended to him , which hee forcibly detained ; whereof hee demanded restitution and dammages . on the other side , sanctius complained , that alphonsus the emperour , father of this alphonsus , had by force of armes , unjustly dispossessed his grandfather of the kingdome of navarre , after whose death garsias his nephew , and next heir by the help of his friends and subjects recovered the greatest part thereof from the emperour , but not all . who dying , leaving his son alphonso an infant , with whom sanctius made a league for ten years ; alphonso during the league took by force of armes , divers castles , towns and lands from sanctius , being his inheritance ; who thereupon demanded restitution both of the castles , towns , lands , and territories taken from his grandfather by alphonsus his father , and from himself by alphonsus , together with the maine profit of the latter , quia sine ordine judiciario ejectus est ; king henry having fully heard their cases ; by the advice and assent of his bishops , earles and barons , adjudged , that both these kings should make mutual restitution , of what had been forcibly taken from either party , together with the mean profits and dammages for part of them , by an award and judgement under his great seal , subscribed by all his bishops , earles and barons , which recites : super quaerelis vero praetaxatis de castellis & terris , cum omnibus terris & pertinentis suis hinc inde violenter et injuste ablatis ; cum nichil contra violentiam utrinque objectam à parte alterutra alteri responderetur , nec quicquam quo minus restitutiones quas petebant faciendas essent , alligaretur plenariam utrinque parti supradictorum quae in jure petita erant fieri restitutionem adjudicabimus . a clear parliamentary resolution and judgement in point , that territories , lands , towns , castles injuriously taken by one king from another by force of armes and warre , without just title to them , ought in law and justice to bee restored to the right heirs and owners of them , and that conquest , and the longest sword , are no good titles in law or conscience against the right heir or inheriter ; which i desire those sword-men and lawyers , who now pretend us a conquered nation , determine conquest , or the longest sword , a just title to the crowns , lands , revenues , offices , inheritances , houses , estates of other men now sadly to consider , together with the sacred texts , hab. . micha . , , , , . job . , , , . obad. . to . ezek. ch . . & . isa . . . king. . . to . matth. . , to . luk. . , to . ch . . . judg. . , , . exod. . , to . levit. . , . ch . . , to . ch . . , . judg. . , . sam. . , . sam. . . ch . . , . ch . . , to . sam. . , . king. . . ezra . , , , , . ch . . . which warrant the judgement and restitution they then awarded , together with this memorable act of resumption of the crown , lands , rents and revenewes alienated and given away by king stephen to many lords and soldiers , to maintain his usurped title , to be just . (a) king henry the d . anno . praecepit eacum omni integritate infra tempus certum a quibuscunque dete●toribus resignari , & in jus statumque pristinum revocari . quidam vero indies car●as quas a rege stephano , vel extorserant , vel obsequiis emerant , qu●bus tuti forent , protulerunt ; pleading them in barre against the kings resumption . qu●bus fuit a rege responsum ( and let those who have purchased or gotten any of the crown lands , rents , revenewes , by gift , or otherwise , now remember it ) quod car●ae inbasoris praejudicium legitimo principi minime facere deberent . primo ergo indignati , deinde territi & consternati , aegre quidem , sed integre usurpata , vel diu tanquam solido ●ure detenta , omnia resignarunt ; their charters being all adjudged voyd eisdemque instrumentis minime tuti esse potuerunt , as nubrigensis and brompton inform us . the great and long suit between william de stutevill and william de moubray , which had continued many years in the kings courts ▪ concerning the barony of moubray , was ended in a parliamentary council , by a final award there made between them ; that william de stutevil should release all his right and claim to the barrony to william de moubray , hee giving him nine knights fees , and twelve pounds annual rent for this release , cumque super hoc diu certatum esset , tandem ( anno . the d . of king johns reign ) concilio regni et voluntate regis , pax & finalis concordia facta est inter praedictos ; (b) as roger de houeden relates , who records the agreement at large . king (c) henry the d. anno . in a parliamentary council held at york , consilio sultus magnatum regni , ended the controversie between himself and alexander king of scots , touching the lands king john had granted him by his charter in northumberland , ratified by the subscriptions and assents of his nobles , earles , and barons , anno . rex scripsit omnibus magnatibus suis , to appear before him and the popes legat at york de arduis negociis regnum contingentibus tractaturis , where the difference between king henry the d. and the king of scots , ( summoned to be present at this parliament ) touching his lands in england , were finally determined , and a firme peace made between them ; the king of scots being to receive three hundred pound lands a year in england , sine castri constructione , homagiumque regi angliae faceret , & faedus inter eos amicitiae sanciretur , & hoc se fideliter facturum regi angliae , & conservaturum juraret . after this (d) anno . king henry summoning all the bishops , abbots , and lay barons to present all their military services to him , marched with a great army to new-castle against the scots , who had fortified two castles , harboured rebels against the king , and made a peace with france against their former covenant and league : vvhere to avoid the effusion of christian blood , which will cry to god for vengeance , congregata vniversitate angliae nobilium apud memoratum castrum , tractatum est diligenter super tam arduo negotio , concilio habito , circa assumptionem beatae maria , dligentissim● , wherein the nobles made an agreement between the kings of england and scotland , alexander king of scots by his special charter ( recorded in matthew paris ) promising and swearing for him and his heirs , to king henry , and his heirs , quod in perpetuum bonam fidem eis servabimus pariter & amorem , &c. most of the prelates , earles and barons of scotland , sealing the charter with their seals , and swearing to observe it inviolably , as well as their king. in the parliaments of , , , , & . ed. . there were many pleas and actions for lands , rents , and civil things as well as criminal , held before the king in parliament , and adjudged , resolved in these parliaments by assent of the king , and advice of the lords , the kings judges and council learned in the laws ; there being a large parchment volume of them in the tower of london , where all may peruse them , some of them being also entred on the dorse of the clause rolls of these years . pasche . e. . banco . regis , northumberland , rot. . john le machon a merchant , lent a great summe of mony to alexander king of scots , who dying , his son and successour refused upon petition to pay it : whereupon hee appealed to the king of england for right , propter suum supremum dominium scotiae : thereupon the sheriffs of northumberland by the kings command , accompanied with four men of that county , went into scotland to the scots king , and there personally summoned him , to appear in england before the king of england , to answerr this debt : after which all parties making default at the day , the merchant was amerced . the king of scots afterward appeared before the king , but at the first time refused to answer ; at last hee desired respite to bee given him that he might advise about it with his council of scotland , promising to appear at the next parliament , and then to give his answer . and in placit . coram rege , trin. . e. . scotia , there is an appeal to the king of england between subjects of scotland in a civil cause , tanquam superiori regni scotiae domino . and clauso . e. . dorso . there is a letter of all the nobles in parliament to the pope , de jure regis in regne scotia forecited , p. , . and claus . . e. . dorso . . the king of scots is stiled , vassallus domini regis anglia . it appears by claus . . e. . m. . that in a parliament held at stanford . . e. . a business touching merchandize , and a robbery on the sea was heard and decided before the king and lords in parliament , between the earle of holland ( who sent over a proctor about it ) and others . claus . . e. . m. . the petition of david earle of ascelos in scotland ; by the kings command , was read in full parliament before the prelates , earles and barones , that hee might be restored to his inheritance in scotland , to which it was answered by all their assents , that his inheritance was forfeited by his ancestors , for offences by them committed , &c. but yet the king would give him some other lands for it . in claus . . e. . it appears , that the popes legate came into the parliament , and petitioned the king and lords for a legacy given by the bishop of durham , patriark of jerusalem , lately dead : for which the king by assent of the lords , gave him remedy by a writ out of the chancery . claus . . e. . m. . in the schedula ; there is a judgement in parliament by king lords and council touching the abby of abingdon , and a composition formerly made between the abbot , prior and monks thereof , reversed , nulled , because inconvenient , claus . . e. . m. . dorso , there is a case concerning a reprisal brought by appeal out of the chancery into the parliament before the king , lords and council , and there heard and decided . and claus . . e. . there are many cases and writs touching reprises . in the parliament of . e. . there were many judgements given in sundry civil cases upon petitions ; to the king and his council , by the king lords and council , extant in the bundle of petitions , and claus . rolls of that year , and those things that were proper for the courts of law and chancery were referred to them to be there ended , claus . . e. . m. . upon the petition of alice gill , and robert carder to the king , council , and parliament , that they buying corne in abevil in france to transport to london , it was arrested by the baily of st. valeric to the value of one hundred pounds at the suit of will de countepy of crotye in picardy , and delivered to him against their wills , because the ship of the said will ; was taken upon the sea by the men of bayon , which ship the petitioners finding in the port of london had arrested by writ out of the chancery directed to the sheriffes of london , until the said hundred pounds was paid them by the merchant ; the king and council ordered ( upon their petition ) that the ship might not be discharged till the l. was satisfied ; & that a writ should be directed out of the chancery to the sheriffes of london , to do justice upon the contents in the petition according to the law of merchants . the like case of reprise upon the petition of hugh samson , is in . e. . rot . . in claus . . e. . part . m. . there is a judgement given by the lords and council for the bishop of durham , touching the liberties and royalties of his bishoprick against the kings revocation ; where in sundry petitions and answers in former parliament under king edward the d . are rehearsed , wherein hee could have no right . mem. . there is a judgement given by the lords and council in parliament for the bishop of york , his prisage and preemption of wines next after the king in the port of hull , and in claus . . e. . p● . . m. . claus . . e. . m. . remembred in the year book of . e. . f. . so claus . . e. . m. . in schedula , there is placitum in parliamento , before the king and his council of the dean and chapter of litchfield , touching their title to camock , claus . . e. . part . m. . upon the petition of the bishop of carlisle , it was resolved by the lords and council in that , and sundry other parliaments in the reign of this king and his father , non esse ●uri consonum , that churches and other things spiritual annexed to archbishopricks and bishopricks , should belong to the king and gardians of the temporalties , but to the gardians of the spiritualties , and so ordered accordingly ; yea so was it resolved upon the petition of the bishop of winchester to the king and his council in the parliament of claus . . e. . rot . . dorso where coram rege et magno concilio concessum est et concordatum , quod custod●s temporalium episcopatus , non se intromittant amplius temporibus vacationum hujusmodi fructibus ecclesiarum , de estanmer , & hamoldan , annexed to the bishoprick of winchester . (f) in the parliament of . e. . sir geoffry stantens case , upon his petition to the king and lords in parliament , the justices of the common pleas came with the record of his case , which had long depended before them in the court of common pleas , which being read and debated in the presence of all the lords , justices and others of the kings council ( their assistants in this case of law ) they resolved , that the sonne being a stranger might aver , that his father who levyed the fine , had nothing in the lands ; and that the wife in this case could not vouch her husband . and thereupon a writ under the great seal was sent to the judges by the lords order , to give judgement accordingly . claus . . e. . m. . a villain commits fellony , and is attainted after that the lord had seised his goods , whereupon his goods were prized and seised on for the king , notwithstanding the lords seisure ; upon a petition in parliament , it was resolved by the lords and council , that it was just the goods should be restored to the lord , if they were not seised fraudulently to prevent the kings seisure of them . and a writ of restitution was thereupon awarded , per ipsum regem et per petitionem in parliamento . (h) in the . year of king richard the d . it was agreed between the duke of lancaster , and the scots in the marches , that for the benefit of both parties ▪ ut ●de cater● ipsi nee anglici vexaren●ur per tot labores & expensas , sed singulis annis certi utriusque gentis destinarentur ad parliamentum regni utriusque , qui et injurias acceptas proferrent in medium , & emendas acciparent secundum quantitatem damu●rum per judicium dominorum , ( here the lords both in the parliament of england and scotland are made sole judges of injuries and dammages done by scots or english upon one another in the marches : ) quia vero scoti ad parliamentum londoniis ( anno . ) supersederunt venire juxta conductum , & insuper damna interim plura borealibus praesumpserunt inferre , &c. decretum est per parliamentum ut frangenti fidem , fides frangatur eidem . ; et concessae sunt borealibus commissiones congregandi virtutem exercitus , & scotis resistendi , & damna pro damnis inferendi , quoties contingeret scotos irrumpere , vel hostili m●re partes illas intrare ▪ in the (i) parliament of . h. . n. . upon the complaint of sir thomas pomeroy and his lady against sir philip courtney and others forcible entry into several lands and mannors in the country of devon. the king and lords adjudged , that the said sir thomas should enter into the said mannors and lands , if his entry were lawful , or bring his assize , without all delayes , at his election . in (k) the parliament of . h. . n. , , , . in a case concerning mannors , and certain lands in the county of cornwal , between the prince , and john cornwal , and the countesse of huntington his wife , the king and lords gave iudgement , that the prince should ●e restored to the said mannors and lands being parcels of the dutchey of cornwal , and that the prince after seisin had , should regrant them unto them , which was done accordingly in parliament . (l) in h. ▪ n. . upon the petition of the prior of coventry , the king granteth by assent of the bishops and lords , that no man do break the head of their conduit , nor cast any filth into their water called sherbou●n , on pain of ten pound , and treble dammages to the prior. in (m) the parliament of . h. . n. . upon long debates of the lords and iustices , it was resolved by them , that the abbot of ramsy should have no prohibition against walter cook , parson of somersham , who sued for tithes of a meadow called crowland mead , in the hands of the abbots tenants . in the (n) great case of precedency , between the earl marshall , and earle of warwick , in the parliament of . h. . n. , . &c. the lords being to bee iudges of the same , suspended both of them from sitting in the house , till their case was fully heard ; and they all ( voluntarily ) swore on the gospel , that they would uprightly judge the case , leaving all affection . in the (o) parliament of . h. . n. , , , . upon a petition , the king and lords in parliament , adjudged , the dignity , seigniory , earledome of arundel , and the castle and lands thereunto belonging to john earle of arundel , who proved his title thereto by a deed of entayle , against the title of john duke of norfolck , who layed claim thereunto . and in the parliament of h. . n. . to . (p) the claime of the duke of york , and his title to the crown of england , against the title of king henry the th . was exhibited to the lords in full parliament ; the lords upon consultation willed it to be read amongst them , but not to bee answered without the king. the lords upon long consultation declared this title to the king , who willed them to call his justices , sergeants and attorney to answer the same . who being called accordingly , utterly refused to answer the same : order thereupon was taken , that every lord might therein freely utter his conceit without any impeachment to him . in the end there were five objections made against the dukes title , who put in an answer to every of them ; which done , the lords upon debate , made this order and agreement between the king and duke . that the king should injoy the crown of england during his life ; and the duke and his heirs to succeed after him . that the duke and his two sons should bee sworne , by no means to shorten the dayes , or impaire the preheminence of the king during his life ; that the said duke from thenceforth shall be reputed and stiled to bee , the very heir apparent to the crown , and shall injoy the same after the death or resignation of the said king. that the said duke shall have hereditaments allotted to him and his sons of the annual value of ten thousand marks . that the compassing of the death of the said duke shall bee treason . that all the bishops and lords in full parliament shall swear to the duke , and to his heirs in forme aforesaid . that the said duke and his two sons shall swear to defend the lords for this agreement . the king by assent of the lords ( without the commons ) ) agreeth to all the ordinances and accords aforesaid ; and by the assent of the lords , utterly repealeth the statute of intayle of the crown made in . h. . so alwaies as hereafter there be no better title proved , for the defeating of their title and this agreement by the king. after all which the said duke , and the two earles his sonnes came into the parliament chamber before the king and lords , and sware to performe the award aforesaid , with protestation , if the king for his part duly observed the same , the which the king promised to do . all which was inrolled in the parliament rolls . lo here the lords alone without the commons , judge and make an award between king henry the th . and the duke of york , in the highest point of right and title that could come in question before them ; even the right and title to the crown of england , then controverted and decided , the king and duke , both submitting and assenting to their award , and promising , swearing mutually to perform it ; which award when made ▪ was confirmed by an act passed that parliament , to which the commons assented , as they did to other acts and bills . and here i cannot but take special notice of gods admirable providence and retaliating justice , in the translation of the crown of england from one head , family of the royal blood , to another , by blood , force , war , treason , and countenance of the authority of the temporal and spiritual lords and commons in parliament , in the two most signal presidents of king edward , and king richard the d. which (a) some insist on , to prove the commons copartnership with the lords in the power of judicature in our parliaments , the histories of whose resignations of their regal authority and subsequent depositions by parliament , i shall truly relate . (b) anno . the . of ed. d . queen isabel returning with her son prince edward , and some armed forces from beyond the seas into england , most of the earles and barons ( out of hatred to the spencers and king● repaired to them , and made up a very great army : the king thereupon proclaimed , that every man should resist , oppose , kill them ( except the queen , prince and earle of kent , which they should take prisoners if they could ) and neither hold any correspondency with them , nor administer victuals , nor any other assistance to them , under pain of forfeiting their bodies & estates . but they prevailing , and the king being deserted by most , hee fled into wales for shelter : whereupon proclamation was made in the queens army every day , that the king should return and receive his kingdome again , if hee would conforme himself to his leiges . quo non comparente magnas●es regni , here●ordiae concilium inje●unt , in quo filius regis edwardus , factus est cus●os angliae communi decreto : cui cuncti tanquam regni custodi fidelitatem fecerunt per fidei sacramentum . deinde episcopum norwicensem fecerunt cancellarium , episcopum vero wintoniensem regni thesaururium statuerunt . soon after the king himself , with most of his evil counsellors were taken prisoners , being betrayed by the welch in whom they most confided . hagh spencer , simon reding , baldoik , and others of the kings party being executed at hereford , anno . the king came to london about the feast of epiphany , where they were received with great joy and presents . then they held a parliament wherein they all agreed , the king was unworthy of the crown , and fit to be deposed , for which end there were certain articles drawn up against him ; which adam de orleton bishop of winchester thus relates , in his apology ( i ) ea autem quae de consilio et assensu omnium praelatorum , comitum et baronum , et totius communitatis dicti regni concordata & ordinata fuerunt contra dictum regem ad amotionem suam a regimine regni , contenta sunt in instrumentis publicis reverendo patre domino j. dei gratia nunc cantuariensi electo , tunc wintoniensi episcopo et angliae thesaurario , c●nceptis et dictatis , & manu magistri willielmi de mees clerici sui secretarii & publici notari conscriptis et in publ●cam formam redactis . quam quidem concordiam ad mei excusationem duxi praesent bus inferendam , quae talis est . accorde est , qe sire edward fiz aisne du roy , ait le government del roialme , et soit rois coronne par les causes qe sensiwent : . primerment , pur ceo qe la persone ly roy nest pas suffisaunt de governer . car en touz son temps ad il este mene et governe par autres qe ly ount mavoisement consaillez , a deshoneur de ly , et destruction de s●int eglise , et de tout son people , saunz ceo qe il le vousist veer ou conustre le quel il sust bon ou mavoys , ou remedie mettre , ou faire le vousist quant il fuist r●quis par les graunts et sages de s●n roialme , ou suffrir qe amende fuist faite . . item par tout son temp , 〈◊〉 se voloit doner a bon consail no le croire , ne a bon governeme●t de son roialm , meys se ad done toux jours as ouraignes et occupationes nient covenables , entre lessaunt lesploit des bosoignes de son roialme , item , par defaute de bon governement ad il perdu le ▪ roialme descoce et autres terres et seignuries en gascoygne & hytland , les quex son pere li lessa en pees & amiste ly roy de fraunce , et detz moults des autres graunts . . item , par sa fierte & qualte & par mavoys consail ad il destruit seint eglise , & les persones de seint eglise tenuz en prisoun les uns , et les alires en destresce , et auxint ●lusours graunts et nobles de la terre mys a hountose m●nt , enpris●nez , exul●tz & disheritez . . item , la ou il est tenuz par son serement a faire droit a toux , il ne bad pas volu faire , pur son propre prof●it et convetise de ly & de ces mavois con●saili es ●e ount este pre● de ly , ne ad garde les autres pointz del serement qil fist a son corounement , si com i● feust tenuz . . item , il deguerpist son royalme , et fist taunt come en ly fust qe son roialme & son po●ple fust perduz , & qe pys est , pur la crualte de ly & defaute de sa personne il est trove incorrigible sauntz esperaunce de amendement : les quex choses fount si notoires qil ne poount estre desdi●z ▪ the form and instrument of his deposition is thus recorded by (d) ranulp ▪ cistrensis , and (e) henry de knyghton : also that year in the octaves of twelfth day was made a parliament at london : there by ordinance with a solemn message is sent to the king that was in prison , bishops , earls , barons , abbots , justices , for to resign to the king that was then in warde , the homage that was make to him some time , for they would no longer have him for their lord ; one of them sir william trussel knight , * and pkocurator of all the parliament , spake to the king in the name of all the other , and said : i william trussel in the name of all men of the lond of englond , and of all the parleament procurator , i resign to thee edward the homage that was made to thee sometime . and from this time forthward now following i defie thee , and pryve thee of all ryal power , and i shall never be tendant to thee as for king after this time . also this was openly cryed at london . the true form of his deprivation is thus recorded in the chronicle of leycester , and transcribed out of it by henry de kryghton in french : jeo william trussel procurator dez prelatez , conrez , et barons , et altrez gentz en ma procuracye nomes , eyantal ceo ployne & suffysant poure , e● homages , et fealtez au vous edward roy dengleterre come al roy avant ces ●enres de par lez ditz persones en ma procuracye nomes renk et rebaylle sus a vous ed. et deliver et face qui●ez lez persones avant ditz , en la me●l●our manere que ley et custome donnent , e face protestacion en nom de eaux ; qils ne voillent deformes estre en vostre s●al●e , ne en vostre lyance , ne cleyment de vous come ●e roy ●iens teni● . encz vous teignent de ●horse priveye persone sans nule manere de ●eale dignite . cum haec rex audisset , multum de fuis malefactis doluit , rugitus et lamenta emittens , eo quod per falsos et proditiosos consiliarios sic omni suo tempore ductus fuerat . (f) thomas of walsingham thus relates the proceeding . convenit etiam illuc tota regni nobilitas citata per prius ad parliamentum tenendum ibidem trastino dicti ●esti , ubi cuncti centuerunt regem indignum diademate , et propte● plures articulos deponendum , er edwardum filium ejus primogenitum in regem unanimiter eligendum . quod etiam consequenter factum fuit , et electio in aul● magna westmonasterii publice divulgare , per quendam ex magnatibus sapientem . cui electioni consensit populus universus . archiepiscopus vero cantuari●e praesenti consensit electioni , ut omnes praelati : & archiepiscopus quidem assumpto themate , vox populi , vox dei ; sermonem feci populo , exhortans omnes ut apud regem regum intercederent pro electo . facto sermone discessum es● ▪ ut autem notuit reginae filli●ni electio , et viri dejectio , plena dolore ( ut foris apparuit ) sere mente alienata fuit . edwardus quoque filius suus mate●no do●ori compassus , juravit , quod invito patre nunquem susciperet coronam regni . idcirco communi decreto , ex parte totius regni tres episcopi duo comite● et duo abbates , et de quolibet comitatu regnitre milites , ac etiam de londoniis et aliis civitatibus et magnis villis , ut praecipue de portubus , de qualibet certus raimerus perso●arum missi sunt ad regem apud kenelworth , qui nuncia●ent electionem filii sui , et requirerent diligenter , quod renunciaret dignitati regiae et coronae , et permitteret eundem filium suum regnare pro eo ; alioquin ipsi reddirent sibi homagia , et procederent in praetact●s . rex autem ut haec audivit , ●um stetu et ej●latu respondit ; quod multum doluit de eo , quod sic demeruit erga populum s●i regni ; et ab omnibus qui aderant veniam precabatur . sed ex quo aliter el●e non potuit , gratias egit quod filium suum primogenitum elegissent . nuncii vero ad parliamentum londonias rede untes cum regis respon●o et insigniis , plebem laetam fecerunt , mox tota regni communitas edwardum juvenem quatuordecim annos habentem , in regem promptissime admisserunt , et vicessimum diem ianuarii , diem primum regni sui esse decreverunt , et in omnibus comitatibus pacem ejus proclamari fecerunt sub hac forma . edwardus dei gratia rex angliae ; dominus hiberniae , dux aquitaniae , vicecomiti de n. salutem . quia dominus edwardus nupet rex angliae , pater noster , de communi consilio et assensu praelatorum , et comitum , et baronum , et aliorum magnatum nec non communitatum totius regni praedicti , spontanea voluntate se amovit a regimine dicti regni , volens et concedens , quod nos tanquam ipsius primogenitus , et haeres ipsius , regni gubernation●m et regimen assumamus . nosque ipsius patris nostri beneplacito in hac parte de consilio et avisiamento praelatorum , comitum et baronum praedictorum annuens , gubernacula suscepimus dicti regni , et fidelitates , et homagia ipsorum praelat . et magnat ▪ recepimus ut est moris . de sderantes igitur pacem nostram pro quiete et tranquillitate populi nostri inviolabiliter observari , tibi praecipimus , quod statim vifis praesentibus , per totam ballivam tuam pacem nostram facias publice proclamari , universis et singulis ex parte nostra inhibendo , sub poena et periculo exhaeredationis et amissionis vitae et membrorum , ne quis dictam pacem nostram inf●ingere seu violare praesumat , sed quilibet actiones & quaerelas absque quacunque prosequatur , secundum leges et consdetudines regni nostri . nos enim parati sumus , er semper erimus omnibus er singulis conquerentibus tam divitibus quam pauperibus in curiis nostris plenam justitiam exhibere . teste meipso , &c. calendas febr. die dominica in vigilia purificationis . the proceedings and articles against rich. . and the manner of his resignation , deposition being somewhat mistaken , and not so fully related in our vulgar h●storians , i shall present you with the true narration thereof out of the parliament roll it self where it is thus at large recorded . rotulus parliamenti summoniti & tenti apud westmonasterium in festo sanctae fidis virginis , anno regni regis henrici quarti post conquestum primo , membr . . les record & proces del renunciation du roy richard le second apres le conquest & del acceptation de mesme la renunciationi , ensemblement ove la deposition de mesme le roy richard ensuent ●y apres . memorand . quod die lunae in festo sancti michaelis archangeli anno regni regis ricardi secundi , domini spirituales & temporales , & aliae personae notabiles : videlicet , dominus richardus le scrop , archiepiscopus eboracensis , io. episcopus hereford , hen. comes northumbr . & radulfus comes westmorelandiae , dominus hugo le burnel , tho. dominus de berkley , prior cantuar. & abbas westmonasterii , williel : thyrninge miles , & johan . markham justiciarii , tho. stow , & johan . burbache , legum doctores , thom. de erpingham , & tho. gray milites , will. de feryby , & dionysius l●pham , notarii publici : de quorundam dominorum spiritualium , & temporalium , ac justitiariorum & aliorum tam in jure civili & canonico , quam in regni legibus peritorum , apud westmonast . in loco consueto concilii congregatorum assensu & avisamento ad actum subscriptum primitus deputati , ad praesentiam dicti regis ricardi infra turrim london . existentis circiter nonam pulsationem horologii accesserunt , & recitato coram eodem rege per praedictum comitem northumbr . vice omnium praedictorum , sibi ut premittitur adjunctorum , qualiter idem rex alias apud coneway in northwallia , in sua libertate existens promisit domino thomae archiepiscopo cantuariensi & dicto comiti northumbr . se velle cedere , & renuntiare coronae angliae & franciae , & suae regiae majestati ex causis per ipsum regem ibidem de sua inhabilitate , & insufficientia confessatis , & hoc meliori modo , & forma quibus facere poterit , prou● peritorum consilium melius duxerit ordinandum . idem rex coram dictis dominis & aliis superius nominatis , ad hoc benigne respondens dixit , se velle cum effectu perficere quod prius in ea parte promisit . desideravit tamen habere colloquium cum henrico duce lancastriae , & praefato archiepiscopo cantuariensi consanguineis suis , antequam promissum suum hujusmodi adimpleret . petivit tamen copiam cessionis per ipsum faciendae sibi tradi , ut super illa possit interim deliberare ; qua quidem copia sibi tradita , dicti domini , & alii ad sua hospitia recesserunt . postea eadem die post prandium , dicto rege plurimum affectante praedicti ducis lancastriae adventum , & illum diutius praestolante , tandem idem dux de lancastria , domini & personae superius nominati , ac etiam dictus archiepiscopus cantuariensis venerunt ad praesentiam dicti regis in turri praedicta , dominis de roos , de wiloghby , & de abergeny , & pluribus aliis runc ibidem praesentibus . et postquam idem rex cum dictis duce lancastriae & archiepiscopo colloquium habebat , ad partem vultu hilari hinc inde inter eos exhibito , prout circumstantibus videbatur , tandem dictus rex accersitis ad eum omnibus ibidem praesentibus , dixit publice coram illis , quod paratus erat ad renuntiationem faciendam , & ad renuntiandum & cedendum secundum promissionem per cum ut praemittitur factum ; sieque incontinenti , licet potuisset ut sibi dicebatur ab aliis cessionem & renuntiationem in quadam schedula pargameni redactam per aliquem deputatum organum vocis suae fecisse , pro labore tam prolixo lecturae vitando , idem tamen rex gratanter , ut apparuit , ac hilari vultu schedulam illam manu sua tenens , dixit , semetipsum velle legere , & distincte prelegit eandem . necnon absolvit ligeos suos , renuntiavit , & cessit , & juravit , & alia dixit , & protulit in legendo & le subscripsit m●nu sua propria , prout plenius continetur in dicta schedula , cujus tenor talis est . in nomine dei , amen . ego rich. dei gratia rex angliae & franciae , & dominus hiberniae , omnium dictorum regnorum , & domini●rum archiepiscopos , episcopos , & alios quoscunque ecclesiarum secularium , vel regularium praelatos cujuscunque dignitatis , gradus , status , seu conditionis existant ; duces , marchiones , comites , barones , vasallos , & valvassor●s , & ligeos homines meos quoscunq ecclesiasticos , vel seculares quocunque nomine censeantur , à juramento fidelitatis & homagii , & aliis quibuscunque michi factis , omnique vinculo ligeantiae , & regaliae , ac dominii quibus obligati mihi fuerint , vel sint , vel alias quomodolibet adstricti , absolvo ; et eos , & haeredes ipsorum , & successores in perpetuum , ab iisdem obligationibus , & juramentis , & aliis quibuscunque libero , relaxo , & quieto , & liberos , solutos & quietos ac immunes , quantum ad personam meam attinet , dimitto , ad effectum omnem juris qui ex praemissis sequi poterit , seu aliquo praemissorum , omnique regia dignitati , ac majestati , & coronae , neonon domini● , & potestati dictorum regnorum , & dominii : aliisque dominiis & possessionibus meis , seu mihi quomodolibet pertinentibus , seu competentibus quibuscunque , quocunque nomine censeantur infra regna , & dominia praedicta , vel alibi ubilibet constitutis , omnique juri , & colori juris , ac titulo , possessioni ac dominio quae unquam habui , habeo , seu quovismodo habere potero , in iisdem , seu eorum aliquo , vel ad ea cum su●s juribus & pertinentiis universis , seu dependentibus qualitercunque ab eisdem , vel eorum aliquo , necnon regimini , & gubernationi dictorum regnorum & dominiorum hujusmodi , & eorum administrationi , omnibusque & omnimodis mero & mixto imperio , ac jurisdictioni in iisdem regnis , & dominiis mihi competentibus , vel competituris , nominique , honori , ac regaliae , & celeitudini regiis , purè , sponte , simpliciter , & absolute , melioribus modo , via , & forma quibus poterit in his scriptis renuntio , & ea in totum resigno , acre , & verbo demitto , & iisdem cedo , & ab iisdem recedo in perpetuum . salvis successoribus meis regibus angliae in regnis , & dominiis , & ●aeteris omnibus praemissis in perpet●um , juribus in iisdem , seu eorum aliquo competentibus , vel competituris quibuscunque . meque ad regimen , & gubernationem dictorum regnorum , ac dominiorum cum suis p●rtinentiis universis fateor , recognosco , reputo , & veraciter , ex certa scientia judico fuisse , & esse insufficientem penitus , & inutilem , ac propter mea demerita notoria non immerito deponendum . et juro ad haec sancta dei evangelia , per me corporaliter tacta , quod nunquam praemissis resignationi , renuntiationi dimissioni , & cessioni contraveniam , seu ea quomodolibet impugnabo facto , vel verbo , per me , vel per alium , vel per alios , seu contraveniri , vel impugnari permittam quantum in me est publicè vel occultè ; sed easdem renuntiationem , resignationem , dimissionem , & cessionem in perpetuum ratas & gratas habebo , & firmiter tenebo , & observabo in toto , & omni sui parte , sicut deus me adjuvet , & haec sancta dei evangelia . ego richardus rex antedictus propria mea manu hic me subscribo . et statim idem rex renuntiationi , & cessioni praedictis , verbo tenus adjunxit ; quod si esset in potestate sua , dictus dux lancastriae succederet sibi in regno ; sed quia hoc in potestate sua non dependebat ut dixit , dictos eboracensem archiepiscopum , & episcopum herefordensem , quos protunc constituit suos procuratores ad declarandum , & intimandum cessionem , & renuntiationem hujusmodi omnibus statibus dicti regni , rogavit ut intentionem , & voluntatem suam in ●a parte populo nuntiarent , & in signum suae voluntatis , & intentionis hujusmodi , annulum auri de signeto suo , patenter de digito suo tunc ibidem extraxit , & digito dicti ducis lancastriae apposuit , desiderans hoc ipsum ut asseruit , omnibus regni statibus innotesci . quo facto , valefacientes hinc inde omnes turrim praedictam exieruntad sua hospicia reversuri . in crastino autem , videlicet in die martis in festo sancti hieronymi in magna aula apud west monasterium in loco ad parliamentum tenendum honorifice praeparato , dictis archiepiscopo cantuariensi & eboracensi , ac duce lancastriae , aliisque ducibus , ac dominis tam spiritualibus quam temporalibus quorum nomina describuntur inferius , populoque dicti regni tunc ibidem propter factum parliamenti in magna multitudine congregato praesentibus ; ac praefato duce lancastriae locum statui suo debitum , & solitum occupante , ac sede regali cum pannis auri solempniter praeparata , tunc vacua absque presidente quocunque , supradictis archiepiscopus eboracensis suo & dicti herefordensis episcopi nomine juxta dicti regis injunctum cessionem & renuntiationem per ipsum sic fuisse ut praemittitur factam , etiam cum subscriptione regiae manus , & traditione signeti sui publice declaravit , eandemque cessionem , & renuntiationem per alium , primo in latinis verbis , postea in anglicis legi fecit ibidem ; & statim , ut fuerat interrogatum a statibus & populo ibidem praesentibus , primo videlicet ab archiepiscopo cantuariensi praedicto , cui ratione dignitatis & praerogativae ecclesiae suae cantuariae metropoliticae , in hac parte competit primam vocem habere inter caeteros praelatos & proceres regni , si pro eorum interesse , & utilitate regni vellent renunciationem , & cessionem hujusmodi admittere : statusque iidem , & populos reputantes ex causis per ipsum regem in sua renunciatione , & cessione praedictis significatis , hoc fore multum expediens , renuntiationem , & cessionem hujusmodi singuli singillatim , & in communi cum populo unanimiter ▪ & concorditer admiserunt . post quam quidem admissionem fuerat publice ibidem tunc expositum , quod ultra cessionem & renunciationem hujusmodi ut praefertur admissam , valde forer expediens , ac utile regno praedicto , pro omni scrupulo , & sinistra suspicione tollendis , quod plurima crimina , & defectus per dictum regem circa malum regimen regni sui frequentius perpetrata , per modum articulorum in scriptis redacta , propter quae ut idem asseruit , in cessione facta per eum , esset ipse merito deponendus , publice legerentur , quodque essent populo declarata . sicque maxima pars articulorum illorum erat publice perfecta tunc ibidem ; quorum omnium articulorum tenor talis est . sequitur forma juramenti soliti & consueti praestari per reges angliae in eorum coronatione , quod archiepiscopus cantuariensis ab eisdem regibus exigere & recipere consuevit , prout in libris pontificalium archiepiscoporum & episcoporum plenius continetur . quod quidem juramentum ricardus rex angliae post conquestum secundus in coronatione sua praestitit , & ab archiepiscopo cantuariensi erat receptum ; & illud idem juramentum dictus rex postmodum iteravit , prout in rotulis cancellariae plenius reperiri poterit de recordo . servabis ecclesiae dei , & populo pacem ex integro & concordiam in deo secundum vires tuas . respondebit , servabo . facies fieri in omnibus judiciis tuis aequam & rectam justiciam & discretionem in misericordia & veritate secundum vires tuas . respondebit , faciam . concedis justas leges & consuetudines esse tenendas , & promittis per te esse protegendas , & ad honorem dei corroborandas quas vulgus elegerit , secundum vires tuas . respondebit , concedo & promitto . adjicianturque praedictis interrogationibus quae justa fuerint ; praenunciatisque omnibus confirmet rex , se omnia servaturum sacramento super altare praestito coram cunctis . inprimis , objicitur regi richardo quod propter malum regimen suum , videlicet bona & possessiones ad coronam suam spectantia , etiam personis indignis donando , & indiscrete dissipando , & ob hoc collectas , & alia onera gravia & importabilia populo sine causa imponendo , necnon alia mala innumerabilia perpetrando , alias de assensu , & mandato suis per totum parliamentum ad gubernationem regni certi praelati , & alii domini temporales erant electi , & assignati , qui totis viribus suis circa justam gubernationem regni propriis sumptibus suis fideliter laborarent ; tamen rex facto per eum conventiculo cum suis complicibus , dictos dominos tam spirituales quam temporales circa regni utilitatem occupatos de alta proditione impetere proponebat , ac justitiarios regni ad suum nefandum propositum corroborandum metu mortis , & cruciatus corporis violenter attraxit , dictos dominos destruere satagendo . item , idem rex nuper apud salopiam coram se , ac aliis sibi faventibus venire fecit quamplures , & majorem partem justitiariorum cameraliter , & eos per minas ▪ & terrores varios , ac etiam metus qui possunt cadere in constantes , induxit , fecit , & compulit sigillatim , ad respondendum certis quaestionibus pro parte ipsius regis factis ibidem tangentibus leges regni sui , praeter , & contra voluntatem eorum , & aliter quam respondissent , si fuissent in libertate sua , & non coacti ▪ quarum responsionum colore idem rex proposuit processisse postmodum ad destructionem thoma ducis gloucestria , & comitum arundel , & warwick ac aliorum dominorum , contra quorum facta & gesta praedictus rex erat quamplurimum indignatus , maxime quia desiderabant eundem regem esse sub bono regimine . sed divino nutu obstante , resistentia & potentia dictorum dominorum rex propositum suum hujusmodi perducere non potuit ad affectum . item , cum domini temporales ejus malitiae ac dolositati seipsos defendendo restitissent , dictus rex diem parliamenti sui pro justitia eis , & aliis regni-colis in hac parte ministranda praefixisser , dictique domini temporales in suis domibus sub spe & fiducia parliamenti praedicti quiete , ac pacifice resedissent : rex clanculo ducem hiberniae cum suis litteris , & vexillo ad partes cestriae destinavit , ibique nonnullas gentes ad arma commovit , & contra dictos dominos , & magnates regni , & reipublicae servitores insurgere fecit , vexillum eius contra pacem per cum juratam publice erigendo ; unde homicidia , captivitates , dissentiones , & alia mala infinita in totum regnum secuta fuerunt quare perjuriam incurrebat . item , licet dictus rex omnem offensam dictis duci gloucestriae , & comitibus arundel , & warwick , & omnibus aliis sibi in hujusmodi factis assistentibus , & aliis in pleno parliamento de assensu ejusdem perdonasset pacisque & amores signa per plures annos ei●dem duci , & comitibus , & aliis vultum hilarem & benignum exhibuisset ; idem tamen rex semper & continue fel in corde gerens , tandem opportunitate captata dictum ducem gloucestriae ipsius regis avunculum , necnon bonae memoriae edwardi nuper regis anglia filium , & conestabularium angliae dicto domino regi cum pro cessione solempni humiliter occurrentem , dictosque comites arundell & warwick capi , & arestari fecit , & ipsum ducem extra regnum angliae usque ad villam calesiae duci fecit , & ibidem incarcerari , & sub custodia comitis nottingham unius ipsum ducem appellantium detineri , & sine responsione & processu quocunque legitimo occulte suffocari , strangulari , , & murdrari inhumaniter , & crudeliter fecit , comitemque arundel , tam carram de dicta perdonatione generali , quam cartam perdonationis postea sibi concessam allegantem , & justitiam sibi fieri petentem , in parliamento suo , viris armatis , & sagittariis innumeris vallato , per impressionem populi per eum ad hoc collecti dampnabiliter decapitari fecit ; comitemque warwick , & dominum de cobham perpecuis carceribus mancipavit , eorum terras , & tehementa , tam in feodo simplici quam in feodo talliato de se & haeredibus suis contra justitiam & leges regni sui & juramentum suum expressum nequiter confiscando , & eorum appellantibus concedendo . item , tempore quo idem rex , in parliamento suo fecit adjudicari ducem gloucestriae , & comites arundell , & warwick , ut liberius possit exercere crudelitatem in eosdem , & voluntatem fuam injuriosam in aliis adimpler● , sibi attraxit multitudinem magi●am malefactorum de comitatu cestriae , quorum quidam cum rege transeuntes per regnum , tam infra hos pitium regis , quam extra ligeos regni crudeliter occiderunt , & quosdam verberaverun● vulneraverunt , & depraederunt bona populi , & pro suis victualibus solvere recusarunt , & uxores , & alias mulieres rapuerunt , & violaverunt , & licet super eorum hujusmodi excessibus graves querimoniae deferebantur ad audientiam dicti domini regis , idem tamen rex super hiis justitiam , seu remedium facere non curavit , sed favebat iisdem gentibus in maleficiis eorundem , confidens in eis , & eorum praefidio contra quoscunque alios regni sui , propter quod fideles regni sui magnam commotionis & indignationis materiam habuerunt . item , licet dictus rex per brevia sua proclamari fecerit per totum regnum suum , quod avunculum suum ducem gloucestriae , & comites arundell & warwick capi fecerit , & arrestari , non pro aliquibus congregationibus , & equitationibus per eos infra regnum . anglia factis , sed pro quampluribus extortionibus oppressionibus & aliis contra regaliam suam , & regiam majestatem postmodum factis & perpetraris per cos , quodque non erat intentionis ipsius regis quod aliquis de familia praedictorum ducis gloucestriae , ad comitum arundell , & warwick seu eorum qui in comitiva seu tempore congregationis , & equitationis praedictarum fuit , ea occasione molestetur aliqualiter , seu gravetur : idem tamen rex tandem in parliamento suo dictos dominos non pro extortionibus , oppressionibus aut aliis praedictis impetiit , sed pro congregationibus & equitationibus supradiotis eos adjudioavit ad mortem , & quamplures de familia eorudem dominorum , & aliorum qui in comitiva sua tempore congregationis , & equitationis fuerunt , metu mortis compulit fines & redemptiones facere , ut pote traditores , vel proditores , ad gravem destructionem quamplurium hominum de populo suo . sicque dictos dominos & eorum familiares hujusmodi & populum regni sui callide , fraudulenter & malitiose decepit . item , postquam quamplures de personis illis facientibus fines & redemptiones hujusmodi impetraverunt à rege literas s●s patentes pardonationis plenariae in praemissis , nullum commodum ex hujusmodi literis perdonationis poterant reportare , donec novos fines , & redemptiones pro eorum vita conservanda fecislent , unde fuerant quamplurimum depa●perati ; pro quo nomini , & statui regis fuerat plurimum derogatum . item , in parliamento ultimo tento apud salopiam idem rex proponens opprimere populum suum procuravit subtiliter ▪ & fecit concedi quod potestas parliamenti de consensu omnium statuum regni sui remaneret apud quasdam personas , ad terminandum dissoluto parliamento certas petitiones in eodem parliamento porrectas , protunc minimè expeditas ; cujus concessionis colore personae sic deputatae processerunt ad alia generaliter parliamentum illud tangentia , & hoc de voluntate regis , in derogationem status parliamenti , & in magnum incommodum totius regni , & pernitiosum exemplum . et ut super factis eorum hujusmodi aliqualem colorem & authoritatem viderentur habere , rex fecit rotulos parliamenti , pro voto suo mutari & deleri , contra effectum concessionis praedictae . item , non obstante quod dictus rex in coronatione sua juraverit , quod fieri faceret in omnibus judiciis suis aequam & rectam justitiam & discretionem in miscricordia & veritate secundum vires suas : dictus tamen rex absque omni misericordia rigor●se inter caetera statuit , & ordinavit sub gravibus poenis , quod pro henrico duce lancastriae relegato , pro aliqua gratia sibi facienda nulius rogaret , aut intercederet apud eundem regem ; in quo facto idem rex contra charitatis vinculum operabatur , juramentum praedictum temere violando . item , quamvis corona ●egni angliae at jura ejusdem coronae , ipsumque regnum ●int ab omni tempore re●acto adeo libera , ut dominus summus ponti●ex , nec aliquis alius extra regnum se intromittere debeat de iisdem : tamen praefatus rex ad reborationem statutorum suorum erreneorum supplicavit domino papae , quod statuta in ultimo parliamento suo ordinata confirmaret , super quo dominus rex literas apostolicas impetravit , in quibus graves censurae proferuntur contra quoscunque qui dictis statutis in aliquo contravenire p●aesumpserint . quae omnia contra coronam , & dignitatem regiam , ac contra statuta , & libertates dicti regni tendere dinoscuntur . item , licet dominus henricus nunc dux lancastriae billam suam , statum & honorem regis concernentem ad ipsius regis mandatum contra ducem nor fulci● proposuit , & eandem fuisset debite prosecutus , adeo quod juxta regis ordinationem se ad duellum in omnibus paratum exhibuisset , prae●atusque rex ipsum nunc ducem lancastriae , debitum suum in hac parte honorifice quantum in ipso fuerat implevisse pronuntiasset , & declarasset per decretum , & hoc coram toto populo ad duellum hujusmodi congregato fuisset publice proclamatum ▪ idem tamen rex praedictum nunc ducem lancastriae , sine quacunque causa legitima ad decennium exlegari fecit & mandavit , contra omnem justitiam , & leges , & consuetudines regni sui ac jura militaria in ●ac parte , perjurium dampna●ilitet incurrendo . item , postquam dictus rex gratiose concessit per literas suas patentes domino henrico nunc duci lancastria , quod in ipsius absentia dum fuerat exlegatus generales atturnati sui possent prosequi pro liberatione sibi facienda de quibuscunque haereditatibus , sive successionibus ipsum extunc contingentibus , & quod homagium suum respectuari deberet pro quodam fine rationabili faciendo , literas illas patentes injuriose revocavit , contra leges terrae perjurium incurrendo . item , non obstante quod statuum erat , quod singulis annis officiarii regis cum justitiariis , & aliis de consilio regis vicecomites per omnes comitatus regni eligant , & nominarent domino regi secundum quod eorum discretioni , & conscientiae pro bono , & utilitate regni videbitur expedire : idem rex non nominatos aut electos hujusmodi , sed alios pro suo libitu voluntatis , quandoque suos familiares , quandoque tales quos scivit nolle resistere voluntati suae in vicecomites fieri mandavit pro suo & aliorum commodo singulari , ad magnum gravaraen populi sui , & contra leges regni sui , perjurium notorie incurrendo . item , tempore illo quo rex praedictus petivit , & habuit à quampluribus dominis & aliis de regno plures pecuniarum summas ex causa mutui , certo termino solvendas , non obstante quod idem rex per singulas literas suas patentes promisit bona fide singulis personis à quibus mutuo recepit pecunias illas , quod eis limitato termino praedicto resolveret hujusmodi pecunias mutuatas ; promissionem suam hujusmodi non adimplevit , nec de pecuniis illis est hactenus satisfactum , unde creditores hujusmodi valde gravantur , & non tam illi , quamplures alii de regno regem reputant infidelem . item , ubi rex angliae de proventibus regni sui , & patrimonio ad coronam suam spectante possit honeste vivere absque oppressione populi sui , dummodo regnum non esset guerrarum dispendio oneratum . idem rex quasi toto tempore suo durantibus treugis inter regnum angliae , & adversarios ejus , non solum magnam immo maximam partem dicti patrimonir sui donavit etiam personis indignis , verum etiam propterea tot onera concessionis subditis imposuit quasi annis singulis in regno suo , quod valde & mimium excessive populum suum oppressit , in depauperationem regni sui , ea bona sic levata , non ad commodum & uti itatem regni angliae convertendo , sed ad nominis sui ostentationem , & pompam , & vanam gloriam prodige dissipando , & pro victualibus hospitu sui , & aliis emprionibus suis maximae summae pecuniarum in regno suo debentur , licet divitiis & thesauris plusquam aliquis progenitorum suorum de quo recolitur abundavit . item , idem rex ●olens justas leges & consuetudi●es regni sui servate , seu protegere , sed secundum suae arbitrium voluntatis facere quicquid desideriis ejus occurreret , quandoque & frequentius quandó sibi expositae & declaratae fuerant leges regni sui per justitiarios , & alios de concilio suo , & secundum leges illas petentibus justitiam exhiberet , dixit expresse vultu austero , & protervo , quod leges suae erant in ore suo , & aliquotiens in pectore suo , & quod ipse solus possit mutare , & condere leges regni sui ; & opinione illa seductus quampluribus de ligeis suis justitiam fieri non permisit , sed per minas & terrores quamplures à prosecutione communis justitiae cessare coegit . item , quod postquam in parliamento suo certa statuta erant edita , quae semper ligarent donec authoritate alicujus alterius parliamenti fuerint specialiter revocata , idem rex cupiens tanta libertate gandere , quod nulla hujusmodi statuta ipsum adeo ligarent quin posset facere , & exequi secundum suae arbitrium voluntatis , prout non potuit , procuravit subtiliter talem petitionem in parliamento suo pro parte communitatis regni sui porrigi , & sibi concedi in genere , quod posset esse adeo liber sicut aliquis progenitorum suorum extitit ante eum , quarum petitionis & concessionis colore frequentius mandavit , & fecit idem rex quamplura fieri contra statutae hujusmodi minime revocata ; veniendo expresse & s●ienter contra juramentum suum in coronatione sua praestitum ut praefertur , prout inferius declaratur . item , licet statutum fuit & ordinatum quod nullus vicecomes officium suum occuparet continue ultra annum unum , sed trienulum laberetur antequam ad officium illud admitteretur de novo ; idem rex richardus quandoque pro suo commodo singulari , & quandoque ad prosecutionem aliorum pro eorum commodo & utilitate , quosdam vicecomites stare ▪ & remanere permisit & fecit in eorum officiis continue aliquotiens per biennium , & aliquotiens per triennium , contra tenorem & effectum statuti praedicti , perjurium incurrendo ; & hoc est notorium , pub●cum , & ●amosum . item , licet de statuto , & consuetudine regni sui in convocatione cujuslibet parliamenti populus suus in singulis comitatibus regni debeat esse liber ad eligendum & deputandum milites pro hujusmodi comitatibus ad interessendum parliamento , & ad exponendum eorum gravamina , & ad prosequendum pro remediis superinde prout eis videretur expedire ; tamen praefatus rex ut in parliamentis suis liberius consequi valeat suae temerariae voluntatis effectum , direxit mandata sua frequentius vicecomitibus suis , ut certas personas per ipsum regem nominatas ut milites comitatuum venire faciant ad parliamenta sua , quos quidem milites eidem regi faventes inducere poterat , prout frequentius fecit , quandoque per minas varias , & terrores , & quandoque per munera , ad consentiendum illis quae regno fuerant praejudicialia & populo quamplurimum onerosa ; & specialiter ad concedendum eidem regni subsidium lanarum ad terminum vitae suae , & aliud subsidium ad certos annos , suum populum nimium opprimendo . item , idem rex ut liberius adimplere , & sequi posset in singulis suae arbitrium voluntatis , illicite fecit , & mandavit , quod vicecomites per totum regnum suum , ultra antiquum & solitum juramentum jurarent quod omnibus mandatis suis , sub magno , & privato sigillo suis , ac etiam literis sub signeto suo quotiescunque eis directae fuerint , obedirent , & in casu quo iidem vicecomites scire poterant aliquos de ballivis suis , cujuscunque conditionis fuerint , aliquod malum dicere sive loqui publice , vel o●●dite , quod ●edire possit in dedecus , aut scandalum personae re●iae● ipsus arestarent vel arestari facerent , & prisonae mancipari , in eadem salvo custodiendos donec aliud à rege habuerint in mandatis , prout reperiri poterit de record● . quod quidem factum posset verisimiliter tendere ad destructionem quorumcunque ligeutum dicti regni . item , idem rex nitens subpeditare populum suum , & bona sua subtiliter sibi adquirere ut divitiis superfluis habundaret , induci fecit populum de xvij . comitatibus regni ad submittendum se regi tanquam proditores per literas sub figillis eorum , cujus colore obticuit magnas summas pecuniarum sibi concedi per clerum & populum comitatuum eorundem pro benevolentia regis captanda . et quamvis ad placendum populo idem rex fecerat eis restitui literas illas obligatorias , tamen procuratores ipsius populi babentes plenatiam potestatem eis concessam ad obligandum se & haeredes suos dicto regi , idem rex fecit obligari sibi sub sigillis eorum nomine ejusdem populi ; sicque decepit populum suum , & bona eorum subtiliter extorquebat ab eis . item , quamvis idem rex in coronatione sua juraverit de servando libertates ecclesiae , anglioana concessas ▪ tamen dictus rex ratione viagii sui in terram , hiberniae faciendi quampluribus viris religiosis videlicet . abbatibus & prioribus regni sui per literas ejus districtè praecipiendo mandavit , ut eorum aliqui certos equos , & aliqui eorundem non solum equos , sed etiam quadrigas sive charectas , alioquin magnas pecuniarum summas eidem regi pro dicto viagio suo transmitte●●nt in eisdem literis expressatas , per quem modum scribendi plures hujusmodi religiosos metu ductos artavit ad complendum voluntatem & praeceptum ipsius regis , uni●e gravite● depauperati fuerant & oppressi in derogationem libertatis ecclesiasticae manifestam , cujus prae● dictus rex ricardiu perjuritu● incurrebat . . item , in pluribus magnis ●oncilius reg● quando domini regni , justiciarii & alii one●ati fuerant ut fideliter consulerent regi in tangentibus statum suum & regni sui , iidem domini justiciarii & alii frequentius in dando consilium juxta discretionem suam fuerant per regem subito & tam acriter increpati & reprobati , quod non essent ausi dicere pro statu regis & regni in consiliis suis dandis veritatem . item , thesaurum coronas feliquias & alia ●ocaliu videlicet bona regni , quae ab antiquo dimissa fuerant in archivis regni pro honore regis & conservatione regnisui in omnem eventum , praefatus rex exiens regnum suum versus hiberniam , abstulit & secum deferri fecit sine consensu statuum regni , unde regnum illud fuisset valde depauperatum nisi de recaptione bonorum hujusmodi contra voluntatem dicti regis deus aliter providisset ; & praeterea rotulus recordorum statum & gubernationem regni sui tangentium praedictus rex deleri & abradi fecit in magnum praejudicium populi & exhaeredationem coronae regni praedicti , & ut verisimiliter creditur in favorem & sustentationem sui mali regiminis . item , idem rex consuevit quasi continue esse adeo variabilis , & dissimilans in verbis , & in scripturis suis , & omnino contrarius sibi ipsi & specialiter in scribendo papae & regibus & aliis dominis extra regnum , & infra ac etiam & aliis subditis ejus , quod quam nullus vivens habens notitiam suae conditionis hujusmodi poterit aut velit de eo confidere , ymmo reputatui adeo infidelis & inconstans , quod cedit ad scandalum non solum personae suae , set etiam torius regni , & potissime apud extraneos totius orbis inde no●tiam optinentes . item , licet terrae & tenementa , bona & catalla cujuscunque liberi hominis per leges regni ab omnibus retroactis temporibus usitatas capi non debeant nisi fuerint forisfacta , nichilominus dictus rex proponens & satagens leges hujusmodi enervare , in praesentia quamplurium dominorum & aliorum de communitate regni frequenter dixit & affirmavit , quod vita cujuscunque li● sui as ipsius terrae , nenomenta bona & catalla sunt ●ua ad voluntatem suam absque aliqua foris actum . quod est omnino contra leges & consuetudines regni sui supradicti . item , quamvis statutum fuerit & ordinatum , ac etiam hactenus confirmatum , quod nullus liber homo capiatur , &c. nec quod aliq● modo destruatur , nec quod rex supereum ibit nec super eum mitter , nisi per legale judicium parium suorum , vel per legem terrae , tamen de voluntate , mandato & ordinatione dicti regis , quamplures ligeorum suorum malitiose accusati super eo , quod debuissent aliquid dixisse publice vel occulte quod cedere poterit ad vituperium , scandalum seu dedecus personae dicti regis , fuerant capti & imprisonati , & ducti coram constabulario , & mateschallo anglia in curia militari , in qua curia dicti ligei accusati , ad aliud responsum admitti non poterant , nisi respondendo se in nullo fore culpabiles , & per eorum corpora , & non aliter , se justificarent , & defenderent , non obstante quod accusatores , & appellatores eorum essent juvenes , fortes & sani , & illi accusati senes & impotentes , mutulati vel infirmi ; unde non solum destructio dominorum & magnatum regni , set etiam omnium & singularum personarum communitatis ejusdem regni verisimiliter sequi posset . cum igitur rex praedictus hujusmodi regni sui statuto voluntatie contravenerit , non est dubium quin proinde perjurium incurrebat . . item , q●amvis populus regni angliae vigore ligeanciae suae satis pleno regi suo teneatur , & astringatur ●●seque rex populum suum si quovis modo deliquerit , per leges & consuetudines regni sui corrigere valeat & punire ; ramen dictus rex cupiens suppeditare , ac nimis opprimero popolum suum , ut liberius exequi , & sequi valcret sua ●ptae & illicitae voluntatis arbitrium , per literas suas ad omnes comitatus regni sui directè indixit etiam & mandavit , ut ligei sui quicunque tam spirituales quam temporales certa juramenta praestarent in genere quae eis fuerant nimium onerosa , quaequa verisimiliter causare possent destructionem finalem populi sui , & quod sub literis & sigillis eorum juramenta hujusmodi roborarent . cui quidem mandato regio populus regni sui paruit & obedivit , ne ipsius indignationem incurreret aut o●●eniam , ac etiam metu mortis . item , cum partes in foro ecclesiastico , in causis mere ecclesiasticis & spiritualibus litigantes , prohibitiones regias ad impediendum processum legitimum in eisdem à cancellario angliae impetrare laborassent , & idem cancellarius ex justitia ad hoc rescribere recusasset ; idem tamen rex per literas sub signeto suo judicibus ecclesiasticis hujusmodi frequenter districte prohibuit , ne in causis hujusmodi procederent , libertates ecclesiasticas in magna carta approbatas ad quas conservandas juratus extiterat , nequiter infringendo , perjurium & sententiam ex communicationis contra hujusmodi violatores à sanctis patribus latam , dampnabiliter incurrendo . item , dictus rex dominum thomam de arundell archiepiscopum cantuariensem , totius angliae primatem , patrem suum spiritualem , in parliamento suo viris armatis hostili more vallato tunc de callido consilio dicti regis se absentantem , absque causa rationabili , seu legitima quacunque seu alio juris processo contra leges regni sui per ipsum ut praefertur juratas , in exilium perpetuum adjudicavit . item , per inspectionem testamenti dicti regis sub magno & privato sigillis suis & signeto signati , inter caetera continetur haec clausula sive articulus . item volumus quod auri nostri residuum , solutis tamen nostrorum hospicii , camerae , & garderobae veris debitis , ad quae persolvenda legamus viginti milia libratum , reservatis , executoribus nostris quinque vel sex milibus marcarum , quas pro uberiori sustentatione leprosorum ac capellanorum eoram eis celebraturorum per nos apud westmonast . & bermonde●eyd ordinatorum , volumus per dictos executores nostros expendi , nostro remaneat successori , dum tamen omnia & singula statuta , ordinationes , stabilimenta & judicia in parliamento nostro decimo septimo die mensis septembr . anno regni v●cesimo primo apud westmonast inchoato , & in eodem parliamento ui que salopiam continuato & ibidem tento , facta , lata & reddita , necnon omnia ordinationes & judicia ac stabilimenta decimo sexto die septembr . anno regni vicesimo secundo apud coventriam postmodum apud westmon ; decimo octavo die marcii anno praedicto , auctoritate ejusdem parliamenti facta , habita & reddita , ac etiam omnia alia ordinationes & judicia quae autoritate ejusdem parliamenti in futurum contigerit fieri , approbet , ratificet , & confirmet , teneat , & teneri faciat , ac firmiter observet ; alioquin si praedictus successor noster praemissa facere nolu●rit , vel recusaverit , quod non credimus , volumus quod thomas dux surriae , edwardus dux daumarle , johannes dux exomae & willielmus lescrop comes wilteshirae , solutis prius debitis nostrorum hospitii , camerae , & garderobae , reservatis quinque vel sex milibus marcarum ut supra pro hujusmodi itatutorum , stabilimentorum , ordinationum , & judiciorum sustentatione , & defensione , secundum eorum posse , etiam usque ad mortem si oporteat , residuum habeant & teneant memoratum ; super quibus omnibus & singulis eorum conscientiat prout su die judicii respondere voluerint oneramus . per quem quidem articulum satis constare poterit evidenter , quod idem rex illa statuta , & ordinationes , qu● sunt erronea , & iniqua , & omni juri & rationi repugriantia pertinaciter man●tenere , & defendere ●●tebatur , non tam in vita quam su morte , nec de animae suae periculo , nec de dicti regni sui , seu ligeorum suorum ultima destructione e●rando . item , anno undecimo dicti regis richardi , idem rex in capella mane●● sui de langley , in presentia ducum lancastriae & eborum , ac aliorum quamplurium dominorum personaliter constitutus , cupiens , ut apparuit , ut ejus avunculus dux gloucestri● tunc ibidem praesons de ipsius regis beneplacito plene confideret ad venerabile corporis dominici sacramentum ibidem super altare repositum sua sponte juravit , quod eidem duci gloucestriae pro aliquibus factis ejus quae contra personam ipsius regis dicebantur esse commissa nunquam extunc inferret dampnum aliquod vel gravamen , set omnem offensam illius , si qua fuerat , hillariter , & ex integro sibi remisit . postea tamen juramento hujusmodi non obstante , dictus rex praefatum ducem pro sic praetensis offensis horribiliter & crudeliter murdrari fecit , reatum perjurii dampnabiliter incurrendo . item , postquam unus de militibus comitatuum dicti regni , vocem habens corum in parliamento , dictum dominum thomam archiepiscopum cantuariensem super certis defectibus contra regiam majestatem , ut minus veraciter asserebatur commissis , impetiit publice coram rege & omnibus statibus regni , quamquam idem archiepiscopus statim tunc ibidem optulit se paratum ad respondendum hujusmodi sibi impositis , & ad hoc petierit se admitti per regem , satis plene confisus , ut dixit , se posse suam in ea parte innocentiam declarare , idem tamen rex machina●s viis & modis quibus poterat eundem archiepiscopum cantuariensem opprimere & in nichilum redigere statum ejus , prout tandem rei exitus declaravit , benigne ac hillari vultu archiepiscopum alloquens in sede sua regali , consuluit & attente rogavit eundem archiepiscopum , quod illa vice taceret tempus ad hoc magis aptum & congruum expectando : quo die lapso de die in diem bene per quinque dies & amplius rex praefatus ipsum archiepiscopum fraudulenter & dolose decepit , consulens & suadeus quod non veniret ad parliamentum , set apud hospitium suum intrepidus expectaret , quoniam , ut idem rex fideliter sibi promisit , in ipsius archiepiscopi absentia nullum sibi dobelet inferri dispendium vel gravamen : ver●tamen dictus rex in suo parliamento praedicto ipsum archiepiscopum ut praefertur absentem , ac ad responsum suum nullo modo vocatum , absque quacunque causa rationabili adjudicavit in exilium , ad ipsius regis beneplacitum duraturum , omnia bona sua contra leges regni ac omnem justiciam voluntarie confiscando , cujus praetextu perjurium incurrebat . volens praeterea dictus rex suam in ea parte versutiam palliare , per ipsius blanda colloquia cum dicto archiepiscopo frequentius habita , tantam sibi illatam injuriam à se prorsus excutere nitebatur , & ad aliorum facta transferre ; unde dictus archiepiscopus habens cum eodem rege & cum duce norfolciae , & aliis dominis & magnatibus dicti regni colloquium , dixit aliqualiter lamentando , quod ipse non erat primus qui exilium pertulit , nec erit novissimus , quia purabat quod infra breve dictus dux norfolciae & alii domini ipsum archiepiscopum fequerentur , & constanter asseruit dicto regi quod omnium praemissorum asperitas in caput ipsius regis debeat finaliter retorqueri ; ad quod idem rex vultu demisso acsi inde fuisset attonitus , incontinenti respondit , quod bene putabat illud accidere posse , quodque per ligeos suos à regnosuo deberet expelli ; et ulterius dixit idem rex , quod si illud forsan acciderit , vellet ad locum ubi idem archiepiscopus fuerit se conferre ; et ut dictus archiepiscopus huic assertioni fidem adhiberet in dubium , ostendit idem rex archiepiscopo memorato quoddam magnum auri monile juxta fimbrium tunicae dicti regis subtus vestem e●●● exteriorem miro modo firmatum , intimans eidem archiepiscopo pro constanti , quod cum illud monile sibi pro intersigno transmitteret , non differret illu● venire ubi dictus archiepiscopus moraretur ; et ut idem archiepiscopus majorem haberet materiam confidendi in eo , misit ipse rex praefato archiepiscopo , consulens sibi quod omnia jucalia sua & alia ad capellam suamspectantia dicto regi secrete transmitteret pro salva custodia eorundem , ne colore dicti judicii super ipsius exilio redditi quisquam ad bona praedicta manus injuriosas apponeret ; quo sub maxima confidentia facto , praefatus rex bona hujusmodi visa per eum in quibusdam coffris reponi fecit , & costras illas ferari , ac per unum de clericis ipsius archiepiscopi sigillari . retentisque penes illum hujusmodi coffris , claves earum per eundem clericum archiepiscopo memorato remisit ; et postmodum coffras illas dicto archiepiscopo hoc penitus ignorante frangi mandavit , & debonis hujusmodi mox disposuit pro suae libito voluntatis . promisit etiam idem rex fideliter dicto archiepiscopo , quod si pararet se ad portum de hampton ut regnum exiret , saltem intercessione reginae protinus revocaret eundem , et si contigerit ipsum archiepiscopum regnum exire , citra pascha proximo extunc sequens sine falso rediret in angliam , neque suum archiepiscopum amitteret ullo modo ; & hoc fideliter promisit jurando super crucem dudum sancti thomae martyris cantuariensis archiepiscopi per ipsum regem corporaliter tactam . quibus promissionibus non obstantibus , idem rex dictum archiepiscopum regnum exire coegit , & statim ad sedem apostolicam pro ipsius translatione transmisit literas speciales , sicque & alias per fraudes & dolositates dicti regis erat idem archiepiscopus ut homo bonae fidei callide circumventus . et quoniam videbatur omnibus statibus regni superinde singillatim ac eciam communiter interrogatis ▪ quod illae causae criminum & defectuum erant satis sufficientes & notoriae ad deponendum eundem regem , attenta eciam sua confessione super ipsius insufficientia & aliis in dicta renunciatione & cessione conrentis patenter emissa , omnes status praedicti unanimiter consenserunt , ut ex habundanti ad depositionem dicti regis procederetur pro majori fecuritate & tranquillitate populi ac regni commodo faciendam ▪ unde status & communitates praedicti certos commissarios , videlicet episcopum assav , abbatem glas●onia● ●omitem gloucestriae , dominun● de berkeley , tho●am erpyngham & tho●am grey milite● , & willielmum thirnyng justiciarium , unanimiter & concorditer constituerunt & deputarunt publice tunc ibidem , ad le●endum sententiam depositionis hujusmodi , & ad deponendam eundem richardum regem ab omni dignitate , majestate & honore regiis , vice , nomine & auctoritate omnium statuum praedictorum ; prout in consimilibus casibus de antiqua consuetudine dicti regni fuerat observatum . et mox iidem commissarii onus commissionis hujusmodi in se assumentes & ante dictam sedem regalem pro tribunali sedentes , praehabita super hus deliberatione aliquali , hujusmodi depositionis sententiam in scriptis redactam vice nomine & auctoritate praedictis tulerunt , & per dictum episcopum ass●v●● . commissarium & collegam suum eandem sententiam de ipsorum commissariorum voluntate & mandato legi & recitari fecerunt , in haec verba . in dei nomine , amen . nos johannes episcopus assivens . johannes abbas glastoniae , thomas comes gloucestriae , thomas dominus de berkely , thomas de erpyngham , & thomas gray milites , ut willielmus thyming justiciarius , per pares & proceres regni angliae , spirituales & temporales , & ejusdem regni communitates , omnes status ejusdem regni repraesentantes , commissuri● ad infrascripta specialiter deputati , pro tribuna●● sedentes , atte●tis perjuriis multiplicibus a● crudelitate aliisque quampluribus criminibus dicti richardi circa regimen suum in regnis & dominio supradictis pro tempore sui regimnas commissis & perpetra●is , ac coram dictis statibus pa● & publice propositis , exhibitis & recitatis , quae ad● fuerunt & sunt publica , notoria , manifesta & famosa quod nulla poterant aut possunt ●ergiversatione celari , necnon confessione praedicto richardi recognoscen●i● & 〈…〉 scit●tia sua judicanti● se fuisse & esse 〈…〉 & ●inii praedictorum & pertinentium corundem , ac propter sua domorita notoria non immerito deponendum per ipsum richardum prius emissa , ac de voluntate & mandato suis coram dictis statibus publicata , eisque notificatae & exposita in vulgari ; praehabita super hiis & omnibus in ipso negotio actitatis coram statibus antidictis & ●obis deliberatione diligenti , vice , nomine & auctoritate : ●is in hac parte commissa , ipsum richardum ex habundanti , & ad cautelam ad regimen & gubernationem dictorum regnorum & dominii juriumque & pertinentium eorundem fuisse & esse inutilem , inhabilem , insufficientem penitus & indignum , ac propter praemissa & eorum pretextu ab omni dignitate & honore regiis , si quid dignitatis & honoris hujusmodi in eo remanserit , merito deponendum pronunciamus , decernimus & declaramus , & ipsum simili cautela deponimus per nostram diffinitivam sententiam in hiis scriptis . omnibus & singulis dominis archiepiscopis , episcopis & praelatis , ducibus , marchionibus , comitibus , baronibus , militibus , vassallis & valvassoribus , ac cateris hominibus dictorum regnorum & dominii , ac aliorum locorum ad dicta regna & dominium spectantium subditis ac ligeis suis quibuscunque inhibentes expresse , ne quisquam ipsorum de caetero praefato richardo , tanquam regi vel domino regnorum aut dominii praedictorum paret quomodelibet vel intendat . volentes autem praeterea dicti status ut nichil desit quod valeat aut debeat circa praemissa requiri , superinde singillatim interrogati , personas easdem prius per commissarios nominatos constituerunt procuratores suos conjunctim & divisim ad resignandum & reddendum dicto regi richardo homagium & fidelitatem prius sibi facta , & ad praemissa omnia hujusmodi depositionem & renunciationem tangentia , si oportuerit , intimanda . et confestim ut constabat ex praemissis & eorum occasione regnum angliae cum suis pertinentiis vacare , praefatus henricus dux lancastria de loco suo surgens , & stans adeo erectus quod satis intueri posset à populo & muniens se humiliter signo crucis in fronte & in pectore suo , christi nomine primitus invocato , dictum regnum anglia sic ut praemittitur vaca●s , una cum corona ac omnibus membris & pertinentiis suis vindicavit in lingua materna , sub hac forma verborum . in the name of fader , sonne and holy ghost ; i henry of lancastre chalenge this rewine of ynglonde and the croune , with all the membres and the appurtenances , al 's i that am descendit be ryght lyne of the blode comyng fro the gude lorde king henry therde , and thorghe that ryght that god of his grace hath sent mee , with helpe of my kyn , and of my frendes to recover it ; the whiche rewme was in poynt to be ondone for defaut of governance , and undoyng of the gude lawes . post quam quidem vindicationem & clameum , tam domini spiriuales quam temporales , & omnes status ibidem praesentes singillatim & communiter interrogari quid de illa vindicatione & clameo sentiebant ? iidem status cum toto populo absque quacunque difficultate vel mora , ut dux praefatus super eos regnaret , unanimiter consenserunt . et statim ut idem rex ostendit statibus regni signetum ricardi regis sibi pro intersigno traditum suae voluntatis , ut praemittitur , expressivum , praefatus archiepiscopus dictum henricum regem per manum dextram apprehendens duxit eum ad sedem regalem praedictam ; et postquam idem rex coram dicta sede genu flexus parumper orasset , idem archiepiscopus cantuariensis , assistente sibi archiepiscopo e●orum praedicto , dictum regem posuit & sedere fecit in sede regali praedicta ▪ populo prae nimio gaudio fortiter applaudente ; et mox dictus archiepiscopus cantuariensis , vix facto silentio propter gaudium omnium circumstantium , collationem modicam fecit & protulit , in haec verba . vir dominabitur populo , reg. ix . c. haec sunt verba summi regis loquentis ad samuelem , & docentis eundem qu●lem deberet instituere ad gubernandum populum , quando potebat sibi dari regem populus ille , & non inepte de domino nostro rege moderno dici possunt : quae verba si intime considerentur praebent nobis materiam magnae consolationis . non enim deus nobis comminatur sicut quondam per ysai . comminabatur populo dicens , ysai . . dabo pueros principes eorum , set ex sua misericordia , qui cum irascitur misericordiae recordatur , visitavit plebem suam , & non modo , ut prius fuerat in regno , pueri dominabuntur , set dicit dominus vobis , quod vir dominabitur populo . poterat enim de rectoribus istius regni sive eorum quolibet praeteritis in persona parvuli non inconvenienter dici illud apostoli , cor. . cum essem parvulus loquebar ut parvulus , sapiebam ut parvulus , cogitabam ut parvulus : ecce , ter dicit apostolus , loquebatur ut parvulus , sapiebat , & cogitabat . quantum ad loquelam , certum est quod parvulus inconstans est in loquendo , faciliter vera loquitur , faciliter falsa , faciliter verbo promittit , set quod promittit cito obliviscitur ; haec enim sunt inconvenientia & nimis moleste regno , nec possibile est regnum feliciter stare ubi hae conditiones regnant ; set ab istis defectibus liberatur regnum cum vir dominatur , ad virum namque pertinet circa linguam servare custodiam . modo autem non puer dominatur set vir , do quo spero dici potest illud eccl. ix . beatus vir qui non est lapsus in lingua . post inquit apostolus , sapiebam ut parvulus ; parvulus enim non sapit nisi placentia & adulatoria , arguentem secundum veritatem non diligit , ymmo odit supra modum . quondam autem veritus fuerat subpeditata ut nullus auderet loqui ; satis constat , & per hoc patet , quod ille qui regnabat sapiebat ut parvulus , vir enim non sapit talia , set sapientiam , unde per dei gratiam dici poterit de isto viro quod scribitur eccl. ix . beatus vir qui in sapientia morabitur ; sicut enim puer diligit vanitatem , ita vir sapit veritatem & sapientiam ; veritas ergo intrabit , adulatio recedat , quae tot mala in regno nostro fecerunt , quia vir dominabitur populo , qui veritatem sapit , non qui vanitatem vel adulationem . tertio dicitur , cogitabam ut parvulus , parvulus enim solum studet facere omnia voluntarie non ex ratione , cum igitur puer regnat voluntas sola regnat , ratio e●ulat ; ubi vero voluntas regnat & ratio recessit ▪ constantia fugata est , & ita imminet magnum periculum ; ab isto periculo liberati sumus , quia vir dominabitur , ille scilicet qui dicit non sicut parvulus set sicut ratione perfectus , non veni facere voluntatem meam , set ejus qui misit me , scilicet dei ; & ideo de viro isto non solum dicemus quod in sapientia morabitur , set eciam ut vir & non ut puer in sensu cogitabit circumspectionem dei , id est circumquaque diligenter aspicit ut dei voluntas non sua fiat , & ita loco pueri voluntarie lascivientis , vir modo dominabitur in populo , & iste vir est talis quod dicetur , regnabit rex & sapiens erit , & faciet judicium & justitium interra . qua collatione completa , dictus dominus rex henricus ad ponendum suorum subditorum animos in quiete , dixit publice tunc ibidem haec verba . sires , i thank god and yowe spirituel and temporel , and all the estates of the lond , and do yowe to wyte , it es noght my will that no man thynk that be waye of conquest i wold disherit any man of his heritage , franches or other ryghts that hym aght to have , to put him out of that that he has , and has had by the gude lawes and customes of the rewme ; except thos person● that has been agan the gude purpose , and the common profit of the rewme . et protinus hoc attento quod per prius vacante sede regali per cessionem & depositionem praedictas cessavit omnis potestas quorumcunque justiciariorum , vicecomitum , & aliorium officiariorum ubique per regnum , ne exhibitio justitiae in gravamen populi dilationis incommodo subjaceret , suos officiarios principales ac eciam justiciarios deputavit ibidem juramento consueto regi praestito per singulos eorundem . et fuit ilico de dicti regis mandato publice proclamatum ibidem , quod die lunae proximo post festum sancti michaelis , parliamentum ibidem teneri & celebrari deberet ; quodque die lunae proximo extunc sequente , videlicet in festo sancti edwardi , coronatio dicti regis fieret apud westmonasterium , & quod omnes illi qui vendicare voluerint aliquod servitium se in dicta coronatione facturos , & eo praetextu aliquid sibi deberi , venirent ad albam aulam palacii coram senescallo , constabulario & marescallo angliae , die sabbati proximo ante diem parliamenti praedicti , quod in ea parte justum fuerit petituri , quibus plena justitia fierit in petitis . quantum autem ad abbreviationem assignationis diei parliamenti praedicti , fuerat pro parte dicti regis protestatio talis facta , videlicet quod non erat intentionis suae ut statibus regni sui praejudicium afferatur exinde , nec quod hoc trahatur de caetero in exemplum , quinymmo quod abbreviatio illa fiebat tantummodo pro commodo & utilitate regni , & specialiter ut quorumcunque ligeorum suorum parcatur laboribus & expensis , quodque super gravaminibus populi celere possit remedium adhiberi . quibus omnibus sic peractis , rex desede sua regali surgens , & populum vultu hillari & benigno respiciens , abinde populo congaudente recessit , & in alba aula praedicta convivium regni proceribus ac generosis illuc in multitudine maxima congregatis eodem die solempnissime celebravit . et postmodum die mercurii proximo extunc sequente dicti procuratores ut praemittitur deputati , ad praesentiam dicti richardi nuper regis infra dictam turrim existentis , prout eis injunctum fuerat , accesserunt , & praefatus dominus willielmus thirnyng justiciarius , pro se & dictis sociis & comprocuratoribus suis nomine omnium statuum , & populi praedictorum admissionem dictae renunciationis ac modum , causam & formam sententiae depositionis hujusmodi eidem ricardo notificavit , ac plenius declaravit ; & statim homagium & fidelitatem eidem ricardo nuper regi ut praemittitur facta , resignavit & reddidit , sub hiis verbis . les paroles qe william thirnyng parla a monsire richard nadgaires roy d' engleterre , a le toure de londres , en sa chambre , le mesqerdy procheyn apres le fest de seint michell larchaunchel , sensuent . sire , it is wele knowe to yowe ; that ther was a parlement somond of all the states of the reaume for to be at westmynstre , and to begynne on the tuesday in the morne of the fest of seint michell the archaungell that was yesterday ; by cause of the whiche sommons all the states of this lond were there gadyrd , the whiche states hole made thes same persones that ben comen here to yowe now her procuratours , and gafen hem full auctorite and power , and charged hem for to say the wordes that we sall say to yowe in her name , and on thair behalve ; that is to wytten , the bysshop of seint assa for ersbisshoppes and bisshoppes ; the abbot of glastenbury for abbots and priours , and all other men of holy chirche seculers and rewelers , the erle of gloucestre for dukes and erles , the lord of berkeley for barones and barnerettes , sir thomas irpyngham chamberleyn for all the bachilers and commons of this lond be south , sire thomas grey for all the bachilers and commons by north , and my felawe johan markham and me for to come wyth hem for all thes states ; and so syre thes wordes and the doyng that we sall say to yowe , is not only●h our wordes , bot the wordes and the doynges of all the states of this lond , and our charge , and in her name . and he answered and said , that he wyst wel● that we wold noght say , but as we were charged . sire , ye remembre yowe wele that on moneday in the fest of seint michell the archaungell ryght here in this chambre , and in what presence ye renounsed and cessed of the state of kyng and of lordesship , and of all the dignite and wyrs●hipp that longed thereto , and assoiled all your leiges of her ligeance and obeisance that longed to yowe uppe the fourme that is contened in the same renunciation and cession , whiche ye redde your self by your mouth , and affermed it by zour othe , and by your owne writing ; upon whiche ye made and ordeyned your procuratours , the ersbysshopp of york , and the bisshopp of hereford , for to notifie and declare in your name thes renunciation and cession at westmynstre , to all the states , and all the people that was ther gadyrd , because of the sommons foresayd ; the whiche thus don yesterday by thes lordes your procuratours , and wele herde and understonden , thes renunciation and cession ware pleinelith and frelith accepted , and fullich agreed by all the states and people forsayd . and over this sire , at the instance of all thes states and people , ther ware certein articles of defauts in your governance redde there , and tho we le herd and plesnelich understonden to all the states forsayd , hem thoght hem so trewe and so notorie , and knowen that by the causes , and as by mo other as thei sayd , and havyng consideration to your owne wordes in your own renunciation and cession , that ye were not worthy , ne sufficient , ne able for to govern for your owne demerites , as it is more pleinerlich contened therin , hem thoght that wos reasonable and cause for to depose yowe and her commissaries that thei made and ordeined , as it is of record ther declared and decreed , and adjudged yowe for to be deposed and prive● , and in dede deposed yowe , and pryved yowe of the astate of kyng , and of the lordsship contened in the renunciation and cession forsayd , and of all the dignite and wyrsship , and of all the administration that longed thereto . and we procuratours to all these states and people forsayd , os we be charged by hem , and by her auctorite giffen us , and in her name , yelde yowe uppe for all the states and people forsayd , homage , liege and feaute , and all ligeance , and all other bondes , charges and services that longe therto ; and that non of all tbes states and people fro this tyme forward , ne here yowe feyth , ne do yowe obeisance ●s to thar kyng . and he answered and sayd , that he looked not therafter : but he sayde , that after all this he hoped that is cosyn wolde bee good lord to hym . joesdy le ●xiiij . doctober lerecuesque de canterbire chargea deper le roy touz les seigneurs espirituales & temporales & toutz antres y estantz sur leur ligeance que ceo que lors serroit monstres on parlez illoeqe serroit tenuv cons●il & qil ne serroit ascunement discoverez a nully vivant . et pius apres demandez feust per le count de northumbr . pur la seurte du roy & de touz lestatz du roialme , coment leure semble que serroit erdeignez de richard nadgaires roy pur luy mettre & saufegard , sauvant su vie , quele le roy voet que luy soit sauvez & touz maners ? surquoi responduz feust per toutz les signiars severalment examines dont les nomes si ensuent que leur semble qil serroit mys en sauso & secregard & en tiel lien on nul concours dos g●ntz yad & qil soit gardez perseures & sufficientz persone , & que nul que este familier du dit nadgairs roy soit ascunement entour sa persone & que ceo soit fait en le pluis se●re manere que faire sa purra . les nomes des seigneurs demandez & assentez en la question suisditz cy ensuent cestassavoir . lerceuesque de canterbrie . lerceuesque deuerwyck . leuesque de londres . leuesque dely. leuesque de nicholl . leuesque de norwich . leuesque de roucestre . leuesque de sar. leuesque dexcestr . leuesque de cicestr . leuesque de st. asaph . leuesque de cestr . leuesque de st. davids . leuesque de landafe . leuesque de duresme . labbe de westminster . labbe de st. albon . labbe de st. austyn . labbe de bury . labbe de st. doverwycke . labbe de glocestr . labbe de battaill . le prince . le duc de nerwyck . le count darundell . le count de warr. le count de staff. le count de northumbr . le count de suff. le count de wircestr . le sgr. de roos . le sgr. de grey de ruthin . le sgr. de cherleton . le sgr. de bardolf . le sgr. de willughby . le sgr. de furnival . le sgr. de ferrers . le sgr. de beaumont . le sgr. de berkeley . le sgr. de fitz wauters . le sgr. de manley . le sgr. de scales . le sgr. de morley . le sgr. de burnell . le sgr. de lovell . le sgr. de camoi . le sgr. de seymore . le sgr. de crombwell . le sgr. de cobham . monsr . henr. peircy . monsr . richard scroop . le sgr. fitz hugh . le sgr. de bergeueny . le sgr. de lomley . le baron de greystocks . le baron de hilton . monsr . thomas erpingham chambr . monsr . mayhew gowinay . mr. hall in his chronicle , fol. . and * others relate , that in this parliament , when it was demanded by the kings friends , what should be done with king richard ? thomas menkes bishop of carlile , which was a man both well learned and well stomacked , rose up and said ; my lords , i require you take heed what answer you make to this question . for think there is none of you worthy or meet to give judgement on so noble a prince as king richard is , whom we haven taken for our sovereigne and liege lord by the space of two and twenty years ; and i assure you , there is not so ranck a traitour , nor so arrant a theef , nor so cruel a murderer , which is apprehended and deteined in prison for his offence , but hee shall be brought before the justice to hear his judgement ; and yet you will proceed to the judgement of an annointed king , and hear neither his answer nor excuse . and i say , that the duke of lancaster , whom you call king , hath more offended , and more trespassed to king richard and this realme , than the king hath either done to him , or to us . for it is manifestly known , that the duke was banished the realme by king richard and his council , and by the judgement of his own father , for the space of ten years , for what cause all you know , and yet without license of king richard hee is returned again into the realme ; yea and that is worse , hath taken upon him the name , title , and preheminence of a king. and therefore i say and affirm , that you do apparently wrong , and manifest injury to proceed in any thing against king richard , without calling him openly to his answer and defence . when the bishop had ended , he was incontinent by the earl marshal attached and committed to ward in the abbey of s. albanes . and then it was concluded , that king richard should continue in a large prison , and should be plentifully served of all things necessary both for viands & apparel . from the proceedings against these . deposed kings , these . inferences have been made . . (g) that the commons have a joynt interest with the lords in the judicature and jugements in parliament . . (h) that the proceedings against our late condemned beheaded king are justifiable , and warranted by them . i answer , that nei●her of these . consequences are proved by them . for . the commons themselves in this parliament of h. . n. . immediately after king r●chards deposition , confess , that the judicature and judgements of parliament , belong only to the king and lords , not to the commons . ly , the commons neither in nor out of parliament , are , may or ought to be the judges of the meanest lord or peer of the realm , who are to be judged , tried by their peers alone ; as i have abundantly evidenced in the premises : much less then can they be lawful judges of their soveraign lord and king , who is a degree above all the peers of highest dignity . in the * parliament , an , . prince edward , as i have proved before , would be tried only by . kings ; because all the rest of the earls and barons were not his peers , neither could they be his judges : much less then can peers or commons be their kings judges & peers to ondemn or try him . ly , our law-books resolve , (i) that the king hath no peers in his own realm ; and , therefore he can neither be legally tried nor judged by the peers themselves , much less by the commons in parliament . ly , the (k) lawes of hoel dha king of wales , about the year . lex . resolve , rex non poterit secundum legem in lite stare coram judice suo , agendo vel respondendo , per dignitatem naturalem ; yea all the lords and commons of england in the parliament of lincoln , anno . e. . in their forecited letter to the pope ( p. . ) resolve , that the kings of england , ex praeeminentia status suae regiae dignitatis , ex consuetudine cunctis temporibus observata , neque responderunt , neque respondere debebant coram aliquo iudice ecclesiastico vel seculari sup●r juribus suis in regno , &c. much less then may or ought they to be put to answer criminally for their lives , or crowns before any ecclesiastical or temporal judge , peers or commons house , or high court of commons . ly , the statutes of r. . c. . and of h. . c. . . thus declare , resolve , and the archbishop of canterbury in the parliament of r. . n. . protested against the popes pretended supremacy , that the crown of england hath been so free at all times , that it hath been in subjection to no realm or person ; but immediatly subject to god ▪ and to none other , in all things touching the regality of the said crown . and the statutes of h. . c. , , . h. c. . . h. . c. . h. . c. . . h. . c. . . h. . c. . , . h. . c. . h. . c. . . , . h. . c. . e. . c. . eliz. c. . eliz. c. . jac. c. , . declare and enact , the king to be the only supreme head & governor ( upon earth ) both of the church & realm of engl. both of which recognize no super or under god , but only the king. to affirm then , that the lords or commons in parliament may lawfully judge , depose the king and deprive him of his crown , regalities , head , life : is to contradict , repeal all these statutes : since the inferior members can no more legally judge the supreme head of the body politick , than the head of the body natural ; or the courrs in westminster hall , or hundred courts , judge the high court of parliament , and condemn , repeal their acts or judgements . ly , though articles were drawn up against these two kings pro forma , yet neither of them was ever required , or judicially summoned to make answer to them , or heard , or brought to trial before the lords or commons barr , or any other tribunal , or court of justice . whence the bishop of * carlisle protested against it , as most illegal , unjust and trayterous . therefore neither the lords nor commons could be properly said their iudges in this case ; and their judgement without hearing or trial of them must needs be most erronious , as well as mortimers and the earl of arundels * forecited . ly , the lords and commons resignation of their homage to these . kings , when deposed ; shew , that even then they este●med them their superiors & lords : † homage being the most honourable and humble service that a franktenant may do to his lord : the tenant being ungirt , his head uncovered , kneeling down on both his knees before his lord sitting covered and holding up his hands joyntly together between his lords and the kings hands , when he doth his homage ; saying , i become your man from this day forward of limb and of earthly worship , and unto you shall be true and faithfull , and bear faith for the tenements i hold of you . and when done to any other lord , it is with a saving the faith i owe unto our soveraign lord the king , and his heirs . ly , the sentences of deposition against them , were given only by the legislative power , not judicial , by way of bill consented unto in the parliament house by the lords and commons , then sent to these kings to their prisons , and there read unto them by committees and proxies , representing all the estates in parliament . therefore the reading of them to these kings in their prisons , was not properly a judgement , neither did it constitute them who read it to them their judges , much less create the commons judges of these kings . ly , all the lords spiritual temporal , and commons concurred joyntly in this act of resigning their homage to these kings , to whom they were all joyntly obliged , and in whom they had all a common interest : et quod tangit omnes , ab omnibus debet approbari : therefore it is no warrant for the proceedings against our late king , without the consents , and against the express votes of the whole house of lords , and of the majority of the commons house . ly , the lords alone , without the commons , gave judgement for the close and perpetual imprisonment of king richard the . therefore they were his sole and proper judges by way of sentence , his deposition being by the legislative , not judicial power . ly , these kings ( especially the later of them ) had no sentence of deposition , nor proceedings against them ; til they had through fear or pusillanimity first resigned their crowns , and kingship , as unfit to reign or govern any longer ; which was made the principal ground of their subsequent declaratory depositions , by the lords and commons , when they had reduced themselves into the condition of † private men , by their resignations . these presidents therefore cannot justifie the late proceedings against an actual , lawful , hereditary king , by a small party of the commons house alone , without the house of peers , or the majority of their fellow-members , who never resigned his crown , nor unkinged himself , as unworthy to reign any longer . ly , king edward the . after this his deposition , was reputed a king de jure still ; and therefore stiled by the whole parliament , all the lords , and king edward the d. himself , in e. . n. , , , , , , . their † king and leige-lord , and mortimer , with his complices , were condemned and executed as traytors , for murdering him after his deposing : contrary to sir edward cooks false doctrine , institutes , f. . and in the parliament of r. . n. , . the revocation of the act for the . spencers restitution in the parl. of e. . was repealed because made at such time by king edward the . as edw. . his father being very king was living and imprisoned : so that he could not resist the same an express resolution by these two parliaments , that his deposition was both void in law , and illegal . ly , neither of these . kings , though their articles were more heinous , and government more unkingly , arbitrary than the late kings , were condemned or adjudged to lo●e their heads or lives for their misdemeanors , but meerly deprived of their royal authority , with a promise to preserve their lives , and treat them nobly , and that upon this account , that they were kings , yea anointed kings , when they transgressed , therefore exempted from all capital censures , penalties of laws by any humane tribunals : as david resolves , psal . . . against thee , thee only have i sinned ; whence s. chrysostom , s. ambrose , arnobius , with others in their expositions on that psalm , s. hierom epist . , & . peter martyr on the sam. . . learned grotius , and others conclude in these words : † liberi sunt reges à vinculis delictorum ▪ neque enim ad paenam ullis vocantur legibus , tuti imperii potestate . hence † otto frisingensis episcopus , writes thus to the emperor fredericke ; praeterea cum nulla inveniatur persona mundialis qui mundi legibus non subjaceat , subjaciendo coerceatur soli reges , utpote constituti super leges in respect of corporal penalties ) divino examini reservati , seculi lègibus non cohibentur : unde est illud tam regis quam prophetae testimonium ; tibi soli peccavi . these . presidents therefore no wayes justifie the proceedings against the late beheaded king , as i before hand manifested in my speech in parliament , decem. . and in my memento in jan. . which gave (m) ample satisfaction herein , not only to out . kingdoms at home , but to the learnedst protestant divines & churches abroad both in france , & germany , as samuel bochartus ( an eminent french divine ) in his latine epistle to dr. morley , printed parisiis . attests sect . de jure & potestate regum , p. . where after a large and solid proof out of scripture , fathers , and other authors of the unlawfullnesse of our late kings trial , judgement and execution ; and that the presbyterian english ministers and membees did then professedly oppugn , and write against it ; he thus proceeds . ex hoc numero prynnius , vir multis nominibus insignis , & parlamenti delegatorum unus , è carcere in quo cum pluribus aliis detenebatur , libellum composuit parliamento oblatum ; in quo decem rationibus , iisque validissimis , contendit eos rem illicitam attentare ( in proceeding criminally and capitally against the king ; ) then reciting the heads of my reasons against it , he concludes thus : haec ille & multo plura , scriptor mire nervosus , cujus verba sunt stimuli et elavi in altum defixi : after which he there prooves by several instances , how much the protestant ministers , churches of france and geneva , condemned these proceedings as repugnant to scripture , and the principles of the protestant religion : and dr. wolfgangus mayerus ( a famous writer and professor of divinity at basil in germany ) in his epistle dedicatory before his printed latine translation of my sword of christian magistracy , supported . basil . . viro nobilissimo ac consul●issimo , omnium doctrinarum , virtutumque ornamentis excultissimo , verae pietatis zelo flagrantissimo , orthodoxae religionis , libertatisque patriae defensori acerrimo gvlielmo prynne . j. v. doctori celeberrimo , domino atque amico suo plurimum honorando authori , interpres , s. p. d. hath published to my self in particular , and the world in general , that the beheading of the k. as it was contrary to the parls . primitive intention ; so it was , cum magna gentis anglicanae ignominia , qui jam discincti , laudatissimique corporis compage miserrime rupta atque dissipata , ferre coguntur , quod evitari amplius non potest . at sane non exiguam laudem apud omnes reformat as ecclesias consecuti sunt illi angliae pastores , qui naevos , et errores regiae administrationis , quos magnos fuisse agnoverunt , precibus potius a deo deprecandos , quam capitali poena vindicandos esse censuerunt , suasque ecclesias ab omnibus sanguinariis consiliis , magno zelo , animo plane intrepido , dehortati , omnemque criminis istius suspicionem , ab ipsis hoc pacto , prudentissime amoliti sunt . sed hanc causam aliis disceptandam relinquo : which learned salmasius soon after professedly undertook in the netherlands ; vincentius , heraldus and bochartus , ( most eminent protestant ministers ) in france , in printed treatises published against the kings trial , &c. as repugnant to the principles of the christian & protestant religion ; which another famous frenchman in his french translation of london ministers petition against it , thus brands . † post christum crucifixum nullum atrocius crimen uspiam esse admissum , & universam terram eo concuti , & bonos omnes ad luctum provocari , usque ad finem seculi : which mr. bradshaw may do well to ruminate upon now in cold blood , and all others ingaged with him in this unparalled judgment & execution ; being no way warranted by the depositions of king edward , or richard the . ly . when the news of k. richards deposing was reported into france , king charls and all his court wondered , detested and abhorred such an injury to be done to an anointed king , to a crowned prince , and the head of the realm : but in especial waleram earl of st. paul , which had maried king richards half sister , moved with high disdain against king henry , ceased not to stir and provoke the french king and his counsel to make sharp war in england , to revenge the injury and dishonour committed and done to his son-in-law king richard , and he himself sent letters of defiance to england . which thing was soon agreed to , and an army royal appointed with all speed , to invade england . but the french king so stomached this high displeasure , and so inwardly conceived this unfortunate chance in his mind , that he fell into his old disease of the frensy , that he had need according to the old proverb , to sail to the isle of anticyra , to purge his melancholy humour ; but by the means of his physicians , he was somewhat relieved and brought to knowledge of himself . this army was come down into picardy , ready to be transported into england . but when it was certainly certified that king richard was dead , and that their enterprise of his deliverance was frustrate and void , the army scattered and departed asunder . but when the certainty of king richards death was declared to the aquitaynes and gascons , the most part of the wisest men of the country fell into a bodily fear , and into a deadly dread ; for some lamenting the instability of the english people , judged them to be spotted with perpetual infamy , and brought to dishonour and loss of their antient fame and glory , for committing so hainous a crime and detestable an offence against their king and soveraign lord. the memory whereof they thought would never be buried or extincted . others feared the loste of their goods and liberties ; because they imagined that by this civil dissension and intestine division , the realm of england should so be vexed and troubled , that their country ( if the frenchmen should invade it ) should be destitute and left void of all aid and succour of the english nation . but the citizens of burdeaux took this matter very sore at stomach , because king richard was born and brought up in their city , lamenting and crying out , that since ●he beginning of the world , there was never a more detestable or more villanous or hainous act committed : which being sad with sorrow , and inflamed with melancholy , said that untrue , unnatural , and unmercifull people had betrayed and slain , contrary to all law and justice and honesty , a good man , a just prince , and lawfull governour ; beseeching god devoutly on their knees , to be the revenger and punisher of that detestable offence and notorious crime . ly . the proceedings against king richard the . in the parliament of h. . were in the (n) parliament of e. . n. , , , . condemned as illegal , the tyrannous usurpation of henry the th . with his hainous murdering of king richard the . at large set forth , his reign , declared by act of parliament to be an intrusion and meer usurpation , for which he and the heirs of his body are utterly dis inabled , as unworthy to enjoy any inheritance , estate , or profits within the realm of england or dominions of the same for ever ; and that by this memorable petition of the commons , wherein the pedigree of king edward the th . and his title to the crown , are likewise fully set forth , a record most worthy the publike view , being never yet printed to my knowledge . ex rotulo parliamenti tenti apud westm . anno primo edwardi quarti , n. . memorandum quod quaedam petitio exhibita fuit praefato domino regi in praesenti parliamento per praefatos communes sub eo qui sequitur tenore verborum . for as much as it is notary , openly , and evidently known , that the right noble , and worthy prince henry , king of england , the third , had issue edward his furst gotten son , born at westminster in the kalende of juyll in the vigille of seint marce and marcellian , the year of our lord m. c.c.xlv . the which edw. after the death of the said king henry his fader , entituled and called king edward the furst , had issue his furst gotten son , entituled and called after the decease of the same edward the furst his fader king edward the second , which had issue the right noble and honourable prince king edward the third , true and undoubted king of englond and of france , and lord of irelond ; which edward the third had issue edward his furst gotten son prince of wales , william hatfield secund gotten son , leonel third gotten son duke of clarence , john of gaunt fourth gotten son duke of lancaster ; edmund langley the fifth gotten son duke of york , thomas wodestoks the sixth gotten son duke of gloucester , and william wyndesore the seventh gotten son. and the said edward prince of wales , which died in the life of the said king edward the thurd his fader , had issue richard , which after the death of the same king edward the third , as cousin and heir to him , that is to say son to the said edward prince of wales , son unto the said king edward the third , succeeded him in royal estate and dignity , lawfully entituled and called king richard the secund , and died without issue , william hatfield the secund gotten son of the said king edward the third died without issue , the said leonel duke of clarence the third gotten son of the same king edward had issue phelip his only daughter and died , and the same phelip wedded unto edmund mortimer earl of marche , had issue by the same edmund , roger mortymer earl of marche her son and heir , which edmund and phelip died , the same roger earl of march had issue edmund mortymer earl of march , roger mortymer anne and alianore and died . and also the same edmund and roger sons of the foresaid roger , and the said alianore died without issue . and the same anne wedded unto richard earl of cambridge , the son of the said edmund langley , the fifth gotten son of the said king edward the third , as it is afore specified , had issue that right noble and famous prince of full worthy memory , richard plantagenet duke of york : and the said richard earl of cambridge , and anne his wife died , and the same rich. du. of york had issue the right high and mighty prince edward , our liege and soveraign lord , and died , to whom as cousin and heir to the said king richard the crown of the realm of england , and the royal power , estate , dignity , preheminence and governance of the same realm , and the lordship of ireland , lawfully and of right appertaineth , of the which crown , royal power , estate , dignity , preheminence , governance and lordship the said king richard the second was lawfully , rightfully and justly seised and possessed , and the same joyed in rest and quiet without interruption or molestation , unto the time that henry late earl of derby , son of the said iohn of gaunt , the fourth gotten son of the said king edward the third , and younger brother of the said leonel , temerously agenst rightwisnes and iustice , by force and arms agenst his faith and liegeaunce rered werre at flynte in wales agenst the said king richard , him took and enprisoned in the tower of london of grete violence . and the same king richard so being in prison , and living , usurped and intruded upon the royal power , estate , dignity , preheminence , possessions and lordships aforesaid , taking upon him usurpously the crown and name of k. and l. of the same realm and lordship . and not therewith satisfied or content , but more grievous thing attempting , wickedly of unnatural , unmanly , and cruel tyranny , the same king richard , king anointed , crowned and consecrate , and his liege and most high lord in the earth , agenst gods law , mans liegeance and oth of fidelite , with uttermost punicion attormenting , murdred and destroyed , with most vile , hainous and lamentable death ; whereof the heavy exclamation in the doom of every christian man soundeth into gods hearing in heaven , not forgotten in the earth , specially in this realm of englond , which therefore hath suffered the charge of intollerable persecution , punicion and tribulation , whereof the like hath not been seen or heard in any other christian realm by any memory or record : then being on live , the said edmund mortymer earl of march , son and heir of the said roger , son and heir of the said philip , daughter and heir of the said leonel , the third son of the said king edward the third ; to the which edmund after the decease of the said king richard , the right and title of the same crown and lordship , then by law , custom and conscience descended and belonged , and of right belongeth at this time unto our said liege and soveraign lord , king edward the fourth , as cousin and heir to the said king richard , in manner and form abovesaid . our said soveraign and liege lord king edward the fourth , according to his right and title of the said crown and lordship , after the decease of the said right noble and famous prince richard duke of york , his fader , in the name of jesu , to his pleasure and loving the fourth day of the month of march last past , took upon him to use his right and title to the said realm of englond and lordship , and entred into the exercise of the royal estate , dignity , preheminence and power of the same crown , and to the reign and governance of the said realm of englond and lordship ; and the same fourth day of march amoved henry , late called king henry the sixth , son to henry , son to the said hen. late e. of derby , son to the said john of gaunt from the occupation , usurpation , intrusion , reign and governance of the same realm of englond and lordship , to the universal comfort and consolation of all his subgetts and liegemen , plentevously joyed to be amoeved and departed from the obeysance and governance of the unrightwise usurpour , † in whose time , not plenty , pees , justice , good governance , pollicy , and vertuouse conversatien , but unrest , inwa●d warr and trouble , unright wiseness , shedding and effusion ●f innocent bloud , abuse of the laws , partiality , riot , extortion , murder , rape and vitious living , have been the guiders and leaders of the noble realm of englond , in antient time among all christian realms laudably reputed of great honour , worship , and nobly drad of all outward lands , then being the lau●ier of honour , prowess and worthiness of all other realms , in the time of the said usurpation fallen from that renown unto misery , wretchedness , desolation , shamefull and sorrowfull decline . and to live under the obeysance , governance and tuition of their true right wise and natural leige and soveraign lord. the commons being in this present parliament , having sufficient and evident knowledge of the said unrightwise usurpation and intrusion by the said henry late earl of derby , upon the said crown of englond , knowing also certainly without doubt or ambiguity the right and title of our said soveraign lord thereunto , † true , and that by gods law , mans law , and the law of nature , he and none other is and ought to be their true right wise and natural liege and soveraign lord. and that he was in right from the death of the said noble and famous prince his fader , very just king of the said realm of englond . and the said . day of march in lawfull possession of the same realm with the royal power , preheminence , estate and dignity belonging to the crown thereof , and of the said lordship ; take , accept and repute , and will for ever take , accept and repute the said edward the fourth their soveraign and liege lord , and him and his heirs to be kings of englond , and none other , according to his said right and title . and beseech the same their said liege and soveraign lord king edward the fourth , that by the advice and assent of the lords spiritual and temporal being in this present parlement , and by authority of the same , his right and title to the said crown afore specified , be declared , taken , accepted and reputed true and rightwise , the same right and title to abide and remain of record perpetually , by the said advice , assent and authority . and that it be declared and judged by the said advice , assent and authority , that the said henry late earl of derby , for the said † rearing of warr against the said king richard , then his soveraign lord , and the violent taking , imprisoning , unrightwise usurpation , intrusion , and horrible cruel murder of him ; agenst his faith and ligeance , wickedly and unjustly offended and hurted the royal majesty of his said soveraign lord. and that the same henry unrightwisely , agenst law , conscience , and custom of the said realm of englond , usurped upon the said crown and lordship . and that he , and also henry late called king henry the fifth , his son , and the said henry , late called king henry the sixth , the son of the said henry , late called king henry the fifth , occupied the said realm of englond , and lordship of irelond , and † exercise the governance thereof by unrightwise intrusion and usurpation , and in none other wise . and that the taking of possession and entry into the exercise of the royal estate , dignity , reign and governance of the said realm of englond , and lordship of irelond , of our said soveraign liege lord king edward the fourth the said fourth day of march , and the amotion of the said henry , late called king henry the sixth , from the exercise , occupation , usurpation , intrusion , reign and governance of the same realm and lordship , done by our said soveraign and liege lord king edward the fourth , the said fourth day of march ; was and is rightwise , lawfull , and according to the laws and customs of the said realm , and so ought to be taken , holden , reputed and accepted . and over that , that our said soveraign and liege lord king edward the fourth , the said fourth day of march , was lawfully seised and possessed of the said crown of englond in his said right and title , and from thenceforth have to him and his heirs kings of englond , all such manors , castles , lordships , honours , lands , tenements , rents , services , fees , feefarms , rents , knights fees , advowsons , gifts of offices , to give at his pleasure , fairs , markets , issues , fines , and amerciaments , liberties , franchises , prerogatives , escheats , customs , reversions , remainders , and all other hereditaments , with her appurtenance , whatsoever they be , in englond , wales and irelond , and in caleys , and the marches thereof , as the said king richard had in the feast of sr. matthew the apostle the . year of his reign , in the right and title of the said crown of englond , and lordship of irelond , and should after his decease have descended to the said edmund mortimer earl of march , son of the said roger mortimer earl of march , as to the next heir of bloud of the same king richard after his death , if the said usurpation had not been committed ; or after the decease of the same edmund , to his next heir of blood by the law and custom of the said realm of englond the manors , castles , honors , lordships , lands , tenements , possessions , and hereditaments , with their appurtenances , which come to the hands of the said king richard by forfeiture , by force of an act made in a parlement holden at westminster the . year of his reign except ; the said commons beseeching our said liege lord to have and take all only the issues and revenues of all the said castles , manors , lordships , honors , lands , tenements , rents , services , and of other the premises aforesaid , with their appurtenances , except afore except , from the said fourth day of the said moneth of march , and not afore . saving to every of the liegemen and subjects of our said soveraign and liege lord king edward the fourth , such lawfull title and right , as he , or any other to his use had in any of the premises the said third day of march , other than he had either of the grant of the said henry late earl of derby , called king henry the fourth , the said henry his son , or the said henry , late called king henry the sixth , or by authority of any pretenced parlement holden in any of their dayes . and that it be ordained , declared and stablished , by the assent , advice ▪ and authority aforesaid , that all statutes , acts and ordinances heretofore made , in and for the hurt , destruction and avoyding of the said right and title of the said king richard , or of his heirs , to ask claim , or have the crown , royal power , estate , dignity , preheminence , governance , exercise , possessions and lordship abovesaid † be voyd , and be taken , holden , ●nd reputed voyd , and for nought , adnulled , repealed , revoked , and of no force , value or effect . and furthermore consideration and respect had to the † horrible , detestable , cruel and inhuman tyranny by the said henry late earl of derby , against his faith and ligeance done and committed to the said king richard , his rightwise true and natural liege and soveraign lord , the unright wise and unlawfull usurpation and intrusion of the same henry upon the said crown of englond and lordship of irelond , the great intollerable hurt , prejudice , and derogation that thereby followed to the said edmund mortymer earl of march , next heir of blood of the said king richard , time of his death , and to the heirs of the said edmund , and the great and excessive damage that by the said usurpations and the continuance thereof hath grown to the said realm of englond , and to the politique and peaceable governance thereof , by inward wars moved and grounded by occasion of the said vsurpation ; it be therefore ordeined , declared and stablished by the advice , assent and authority aforesaid , for the more stablishing of the assured and undoubted inward rest and tranquility of the said realm of englond ; and for the avoyding of the said usurpation and intrusion very cause and ground of the tribulation , persecution , and adversity thereof , that the said henry late earl of derby , & the heirs of his body coming , † be from henceforth unabled , and taken and holden from henceforth unable and unworthy , the premises considered , to have , joy , occupy , hold or inherit any estate , dignity , preheminence , enheritaments or possessions within the realm of englond , wales or irelond aforesaid , or in caleys or the marches thereof . and sith that the crown , royal estate , dignity and lordship above rehearsed , of right appertained to the said noble prince richard duke of york ; and that the said usurper late called king henry the sixth , that understanding , to the intent that in his opinion he might the more surely stand and continue in his usurpation and intrusion of and in the same crown , royal estate , dignities , and lordship evermore , intended and laboured continually by subtile imaginations , frauds , deceipts and exorbitant means , to the extreme and final destruction of the same noble prince richard and his issue . and for the execution of this malicious and damnable purpose therein ▪ in a pre●ence parliament by him and his usurped authority holden at coventree the year of his usurped reign , without cause lawfull or reasonable , declared and judged the same noble prince richard , and the noble lords his sons , that is to wit edward then earl of march , and now the king our soveraign lord abovesaid , and edmund earl of ruthland , to be his rebels and enemies , them , and all their issue dis-inheriting of all name , state , title , and preheminence , tenements , possessions and enheritaments for evermore , cruelly , wickedly and unjustly , and agenst all humanity , right and reason ; whereby the said noble prince richard and his sons above named , were compelled by the dread of death to absent them for a time out of this realm of englond , the natural land of their birth , unto their intollerable hurt , prejudice , heavinesse and discomfort . and where after these the said noble prince richard duke of york using the benefice of the law of nature , and sufficiently accompanied for his defence and recovery of his right to the said crown of the said realm came thereunto , not then having any lord therein above him but god. and in the time of a parliament holden by the said henry , late called king henry the sixth , the sixth day of october , the year of his said usurped reign , intended to use his right , and to enter into the exercise of the royal powers , dignitees , and lordships abovesaid , as it was lawfull , and according to law , reason , and justice him so to doe ; and thereupon shewed , opened , declared , and proved his right and title to the said crown , to fore the lords spiritual and temporal , and commons being in the same parlitment , by antient matters of sufficient and notable record , undefaisible ; whereunto it could not be answered or replyed by any matter that of right ought to have deferred him then from the possession thereof ; yet nevertheless for the tender zeal , love , and affection that the same duke bare of godly and blessed vertues , and natural disposition to the restfull governance and pollicy of the same realm , and the common wele thereof , which he loved all his life , desired and preferred afore all other things earthly , though , all the seid lords spiritual and temporal , after long and mature deliberation by them had by good advice , upon the said right and title , and the authorities and records proving the same , the answers thereunto gives , and the repl●cations to the same made , knew the same right and title true , by them and the seid commons so declared , accepted and admitted in the same parliament . i● liked him , at the grete instance , desire and request of the seid lords , solemnply , and many times unto him made , to assent and grant unto a convention , concord and agreement between the seid henry , late called king henry the sixth on that op●party , and him on that other , upon the seid right and title by the same late called king , by the advice and assent of the seid lords spiritual and temporal , and commons , being in the seid parliament auctorized , in the same , comprehending , among other , that the seid vsurper , late called king henry the sixt , understanding certainly the seid title of the said richard duke of york , just , lawfull , true and sufficient , by the advis and assent of the lords spiritual and temporal , and commyns in the seid parliament assembled , and by authorite of the same , declared approved , ratified , confirmed and accepted the seid title , just , good , lawfull and true , and thereunto gave his assent and agrreement of his free will and liberty ; and over that by the seid advis and auctorite , declared , affirmed , and reputed the seid richard duke of york very true and rightfull heir to the crowns , royal estate and dignite of the realms of englond & france , and lordship of irelond aforeseid : and that according to the worship and reverence thereto belonging , he should be taken , accepted and repu●ed in worship and reverence by all the estates and persons of the seid realm of englond . the seid usurper late called king henry the sixth , saving and reserving to himself the seid crowns , realms , royal estate , dignite and preheminence of the same , and the seid lordship of ireland during his life natural . and further more by the same advice and authoti●e would , consented and agreed , that after his decease , or when it should please him to lay from him the seid crowns , estate , dignity , and lordship , or thereof ce●●ede , the seid richard duke of york and his heirs should immediately succeed him in the seid crowns , royal estate , dignity and lordship , and them then have and enjoy , any act of parliament , statute , ordinance or any thing to the contrary made , or interruption , or discontinuance of possession notwithstanding : and if any person or persons from thencefor●h imagined or compaced the death of the seid richard duke of york , it be deemed and judged high treason , in manner and form as it is specified in the seid act ; and that the seid noble prince richard duke of york , by way and consideration of recompence for his abstaining for a time of the exercise of the seid royal power of the benigne and noble disposition that he bare to the said common wele , and to the rest and tronquillity of the seid realm , should have castles , mannors , lands and tenements to the value of mil. marc. whereof the earldom and city of chester was parcel , assigned to the said duke by special act made in the seid parliament , the which earldom and city the seid duke gave among other unto our seid soveraign lord then being earl of march , as parcel of manors , lordships , lands and tenements of the yearly value of mil. marc. which , by vertue of the seid convention and concord , and the act thereof made , was given unto him for the sustentation of his estate ; abiding and persevering like a true christian and honourable prince , in full purpose to keep and observe the seid convention and concord for his party , trusting verily that the seid usurper henry , late called king henry the sixth , would have truly , faithfully , justly keped and observed for his party the same convention and concord inviolable , as by law , reason , princely honour and duty he was bounden to doe ; and not have departed and varied from such convention made of so high and so great authority as it was made , whereunto neither our seid soveraign lord , ne the seid noble prince assented , but without prejudice of the seid right and ritle , as it is plainly specified in the s●id act made upon the seid convencion and concord , and under protestation and condition , that the seid usurpour shuld kepe and perform without fraude or male ingyne , all things therein contained for his seid party , declared openly by their mouths in the presens and heryng of the said lords in the seid parliament , and therein enacted of record , at the grete instaunce and prayer of the same usurpour , late called king henry the sixth ; and at the solempne request of all the seid lords , for the tender and special zele , love , and affection that he bare to the rest of the seid realm , and to the commyn wele and policy thereof , toke his viage of good , blessed and vertuous intent , and disposition toward the north parties of the said realm , to repress and subdue certain riots , rebellions , insurrections , and commotions there begun . and the premises notwithstanding the seid henry usurpour , late called king henry the sixth , continuing in his old rancour malice , using the fraud and malicious disceit and dissimulation agenst trouth and conscience that accord not with the honour of eny cristen prince , to th entent that the said agrement , concord and act shuld take no due effect : and into the frustacion of the same in the matiers and things above reherced ; that is to say , that neither the seid richard duke shuld have ne enjoy the same castells , manoirs , lands and tenements , name , title , reverence and worship above reherced , neither he ne his sons and heirs succeed in the seid corones , royal estate , dignity , lordship , after the tenure , fourm and effect of the said agreement , concord and act , with all subtil imaginacions and disceitful ways and means to him possible intended , and covertely laboured , excited and procured the final destruction , murdre and death of the said richard duke , and of his sons , that is to sey of our seid new soveraign lord king edward the fourth , then earl of march , and of the noble lord edmund earl of ruthlande : and for the execution of his dampnable and malicious purpose , by writing and other messages , moeved , excited and stirred thereunto the dukes of excester and somerset , and other lords , being then in the north parties of this realm ; whereupon at wakefeld in the shire of york , the seid duke of somerset falsely and traiterously the same noble prince , duke of york , on teiusday the day of decemb. last passed , horribly , cruelly , traiterously murdered , and also the worthy and good lords edmund earl of ruthland , brother of our seid soveraign lord , and richard earl of salesbury . and not therwith content , of their insatiable malice after that they were dede made them to beheaded with abhomynable cruelte and horrible despite , agenst all humanite and nature of nobles , and after that the same henry usurpour gretely and wonderfuly joying the seid dolorous and piteous murder of the same noble prince and worthy lords , to the realm , an heavy and a lamentable sorrow , and lost ; forthwith , and oftentimes after openly declared to divers lords of the same realm , that he would not in any wise kepe the seid convencioun and accord , ne the act thereof made : and to the infraccion and violatiation of the said convention and concord , not only sent letters made under his prive seal unto certain knights and squiers , commaunding and charging them by the same , to spoil and disseise our seid soveraign lord by the name of earl of march , of his possession of the seid earldom and citee of chester , whereof he was lawfully possessed and seased by vertue and reason of the seid convencion and concord , but also of extreme violence , utter and final breche of his party of the seid convencions and concord , sent out writs under his seal to the mayer , aldermen , and commonalte of the citee of london , bering date the day of feverere last past , and other like writs to divers officers , governours , and ministers of divers other citees , and to many shires and burroughs of the seid realm , to make fals , untrue and injust proclamations against our seid soveraign and liege lord k. ed. the th . by the name of ed. late e. of march , to provoke and excite his destruction . and also by his letters signed with his hand directed unto the seid dukes of excester and somerset , and other lords refused and denied to keep and observe the seid accord , convention and agreement , and by the same writing falsifying his promise , departed from the same convention and accord , afore either the same our soveraign lord , or the seid noble prince his fader any thing did , or attempted to the contrary of the same convention and concord for their partie . be it declared and juged by the seid advis , assent and authorite , the premises considered , that the seid usurper henry , late called henry the sixth , agenst good faith , troth , conscience , and his honour , brake the seid convention and concord , and departed therefrom of wilfull malice long afore the seid fourth day of march , as by the matters afore declared it appeareth sufficiently : and that the breche thereof on his partie , discharged our seid soveraign lord of all things that should or might charge him to the keeping thereof in any article or point after the seid breche . and that he was then at his freedom and liberty to use his said right and title of the seid crownes , and to enter into the exercise thereof , and of the royal power , dignite and preheminence longing thereunto , as he lawfully did in manere and fourm above specified , the seid convention and concord , and the acte thereupon made , or any thing therein conteined notwithstanding . and over this it be declared and juged by the seid advis , assent and authorite , that the seid agreement , concord , and act , in all things which been in any wise repugnant or contrary to the seid right , title , entree , state , seasen and possession of our soveraign lord king edward the fourth , in and to the crown royal , estate , dignite and lordship above said , be void and of no force ne effect . and that it be ordeyned and stablished by the seid assent , advis and authorite , that every person having any parcel of the seid castles , manors , lands , honours , tenements , rents , services , possessions or hereditaments aboveseid , the which were given in exchange , or in recompence of or for any other manors , castles , lands , tenements , rents , advowsons , fee-farms , reversions , or any other possessions or enheritaments given to the seid henry late earl of derby , to the seid henry his son , late called king henry the fifth , or to the seid henry his son late called king henry the sixth , or to any other person or persones to or for their or any of their use at their or any of their desire , or to perform & execute their or any of their wille , mowe , entre ; and that they and their heirs and successors entre into the same manors , castles , lands , tenements , rents , services , possessions , advowsons or hereditaments so given , and them have , hold , keep , joy , occupy and inherit of like estate as the giver or givers thereof had them at the time of the gift thereof made , though it be so that in any of the letters patents or gifts made of any of the premises , no mention be made of any recompence or eschange . qua quidem petitione in parliamento praedicto lecta , audita , & plenius intellecta , de avisamento & assensu dominorum spiritualium & temporalium in eodem parliam . existen . & ad requisitionem communitatis praedictae , respondebatur eidem , modo & forma hic inferius annotatis . the king , by the advice and assent of the lords spiritual and temporal in this present parliament assembled , at the request of the commyns being in the same , agreeth and assenteth to this petition , and it accepteth , with certain moderations , provisions and exceptions by his highness thereupon made , and in schedules written , and in the same parliament delivered , the tenours of which hereunder follow , &c. convenit cum recordo . this judgement , censure , repeal in full parliament of the deposition and proceeding against king richard the . upon the commons own petition , by this act , never yet reversed , as most wicked , treasonable , unrighteous , against gods laws and mans , crying for vengeance in gods hearing in heaven , and exemplarily punished upon the whole kingdom , nation , and henry the . his posterity on earth , with the sad intestine warres , miseries that attended it , are sufficient arguments of its unlawfulness & detestableness , against all those who deem it just , or allege it for a president to justifie their extravagances of a more execrable and transcendent nature . ly , it is very observable , that roger mortimer , earl of march , who had the chief hand in deposing , murthering king edward the . after he was deposed , was (o) in the parliament of e. . condemned and executed for it as a traytor , without any legal trial , all his lands confiscated ; and queen isabel her self ( who concurred with him ) like to be questioned for her life and abridged in her maintenance . moreover , king richard the . granchild and next heir to king edward the . who imprisoned , deposed and invaded his fathers throne , ( though somewhat against his will ) was imprisoned , deposed , proceeded against in the self same manner as edw. the . was , by his very president , and soon after murdered ( like as edw. the . was ) by king henry the . after which king henry the . his granchild , henry the . was also in the self same manner , imprisoned , deposed , attainted of high treason , with his queen and adherents in the parliament of edw. . n. . to . and at last murdered by edw. the . his procurement , to secure the crown to himself and his posterity . yet no sooner was king edw. the . dead , but his own brother (p) richard duke of gloucester , ( who by his instigation murdered king henry the . with his own hands ) procuring himsel● to be protector of his son , king edw. the . then young , getting his brother and him into his custody by treachery , perjury , and hypocrisie , caused them both to be barbarously murdered , to set the crown on his own head ; which he most ambitiously aspired after , yet seemed unwilling to embrace , till enforced to accept it , by a petition and declaration ( drawn up by his own instruments ) presented to him , in the name of the lords spiritual and temporal , and commons of the realm of england ; wherein he branded his brother king edw. the fourth his marriage , as illegal , and his issue as illegitimate ; aspersed his life and government , as one by whom the laws of god , of gods church , of the land , and of nature , and also the laudable customs and liberties of england ( wherein every english man is inheritor ) were broken , subverted , contemned , against all reason and justice ; so that the land was ruled by self-will and pleasure , fear and dread , all manner of equity and law laid apart and despised , so that no man was sure of his life , land , or livelihood ; and many inward discords , battels , effusion of much christian bloud , and destruction of the nobles bloud of this land , ensued and were committed through all the realm , unto the great sorrow and heaviness of all true englishmen . and then he declared himself , undoubted heir and inheritor of the crown by descent , grounded on the laws of god and nature , and the antient laws and laudable customes of this realm ; yet for further security superadded another title , of lawfull election by the three estates in parliamen● ; then he intayled the crown upon the issue of his body begotten , and declared his son prince edward to be his heir apparent , to succeed him in the crown and royal dignity by act of parliament , which he ratified with his own royal assent . this done , he reputed the crown cock-sure to him and his heirs for all generations . yet notwithstanding all his machiavilian policies , power , vigilancy , care , industry to secure his usurped royalty , by the murther of two kings and many others , ( some of them most instrumental to advance him to the royal throne ) before he had worn the crown full . years , henry earl of derby laying title it , and landing in wales only with soldiers , king richards own souldiers , friends and others revolting from him , and joyning with the duke ; he was slain in posworth field , and lost both his life and crown together , if not his soul for all eternity : and by the statute of h. . c. . he was declared an usurper of the realm . so unable are parliaments themselves to secure crowns on usurpers heads , or to entayl them for any long continuance on their posterities ; as these sad tragical domestick presidents of later times with sundry antienter demonstrate . (q) king henry the seventh , having gained actual possession of the crown , as right heir thereunto by the lancastrian line , and espoused the better title of york , by marrying the heir female ; to secure himself and his adherents for the future , if any wars should arise about these dubious litigious titles by perkin warbecks or others claims , confirmed by several acts of parliament , and successions of kings of both houses , claiming both as next heirs of the antient royal line ; not to secure any future usurpers , without just right or title , though not of the old bloud royal , if once kings de facto , as ( ) sir edward cooke seems to intimate , and some ignorant lawyers assert , ( against the intent and prologue of the act it self , ) caused it to be enacted , h. . c. . that from henceforth no person or persons whatsoever , that attend upon the king and soveraign lord of this land for the time being in his person , and do him true and faithfull service of allegeance in the same , or be in other places by his commandment in the warrs within the land or without ; shall for the said deed , and true duty of allegiance , be in no wise convict or attaint of high treason , or other offences for that cause by act of parliament , or otherwise , by any process of law , whereby he or any of them shall lose or forfeit life , lands , goods , chattels , or any other things ; but to be for that deed and service utterly discharged of any vexation , trouble or loss . and if any act or acts , or any other process of the law hereafter thereupon for the same happen to be made , contrary to this ordinance , that then that act or acts , or other process of the law , whatsoever they shall be , shall stand & be utterly void : the reason is rendred in the prologue ; that it is not reasonable , but against all laws , reason and good conscience , that the said subjects going with their soveraign lord in wars , attending upon his person , or being in other places , by his commandment , within this land or without , any thing should lose or forfeit for doing their true duty and service of allegiance . this act ( which some conceive to be only † personal and temporary for henry the . alone ) could not secure the heads , lives , liberties , lands , offices , goods or chattels of those lords , gentlemen , and other english subjects , from executions , imprisonments , banishments , forfeitures , sequestrations , who accompanied , assisted our late king in his warrs against the parliament , though king de facto , and de jure too , without any competitor : ( ) both houses declaring them to be traytors , and sequestring , proceeding against them as traytor , yea our grandees since have executed them as such , in their new erected high courts : how then it can totally indemnify any perkin warbecke , jack cade , or apparent usurpers of the crown without right or title , who shall per fas aut nefas , get actual possession of the royal throne , and be kings de facto ; or secure all those who faithfully adhere unto them ( though to dispossess the king de jure , or his right heir of their just royalty and right , against all laws of god , man , all rules of justice , and their very oathes of allegiance , supremacy , homage , fealty , protestations , leagues , covenants formerly made unto them ) from all sutes , vexations , losses , forfeitures whatsoever , and null all act or acts , and legal process made against them ( as many grand lawyers now conceive it doth ) transcends both my law and reason too . that opinion of sir edward cooke . instit . f. . & e. . f. . b. ( whereon this erronious gloss is grounded ) that a king regnant in possession of the crown and kingdom , though he be rex de facto , & non de jure ; yet he is , seignior le roy , within the purview of the statute of e. . ch . . of treason : and the other king that hath right and is out of possession , is not within this act. nay , if treason be committed against a king de facto , et non de jure , and after the king de jure cometh to the crown , he shall punish the treason done to the king de facto . and a pardon granted by a king de jure , that is not also de facto , is voyd : being no doubt a very dangerous , and pernicious error both in law and policy , perverting those laws which were purposely made for the preservation of the lives , crowns , rights , titles , persons of lawfull kings , against all attempts , treasons , rebellions against them ; and for the exemplary punishment of all traytors , rebels , usurpers who should rebel , wage warr , or attempt any treason , conspiracy against their royal persons , crowns , dignities , titles ; into a meer patronage of traytors , rebels , usurpers and a seminary of endless treasons , assassinations , conspiracies against them ; by indemnifying , exempting both them and their confederates from all legal prosecutions , penalties , forfeitures whatsoever , if they can but once gain actual possessiō of the crown by any means , upon the forcible expulsion , deposition , assassination , or murder of the king de jure . which if once declared for law , i appeal to all lawyers , polititians , statesmen whatsoever , whether it would not presently involve our kingdoms in endless , perpetual rebellions , usurpations , war , regicides , as it did the norwegians heretofore : where by a kind of law and custom , as our ( ) gulielmus nubrigensis relates : q●cunque rege tyrannice occiderat , eo ipso personam et potestatem regiam induens , suo quoque occisori tandem post modicum fortunam inveteratae consuetudinis lege relicturus . quippe ut dicitur ) à centum retrò annis et eo amplius , cum regum ibidem numerosa successio fuerit , nullus eorum senio aut morbo vitam finivit , fed omnes ferro interiere , suis interfectoribus , tanquam legitimis successoribus , regni fastigium relinquentes : ut scilicet omnes qui tanto tempore ibidem imperasse noscuntur , illud quod scriptum est respicere videatur ; † occidisti insuper et pos sedisti . wherefore to prevent the dangerous consequences of these false glosses on the statutes of e. . c. . & h. . c. . i shall lay down these infallible grounds : . that all ( ) publike laws are and ought to be founded in justice , righteousnes , and common honesty , for the preserving , securing the lives , persons , estates of all men , especially of lawful kings and supreme magistrates from all violence , invasion force , disseisins , usurpations , conspiracies , assassinations , ( being against all rules of law and justice , ) exod. . . to . c. , & . & . mat. . . to . c. . . deut. . . psal . . . . ps . . . , , · , . rom. . . deut. . . ps . . . ps . . . ps . . . ps . . . prov. . . prov. . . rom. . . to . lu. . . tit. . , , . tim . , . job . . c. . . mich. . , , , . jer. . . c. . . c. . . . ezech. . c. hab. , . to . lu. . , whence ( ) cicero thus defines law ; lex est ratio summa , insita in natura , quae jubet ea ( justa ) quae facienda sunt , prohibe que contraria . therefore these . statutes were purposely made for those great ends , and ought to be interpreted onely for the best advantage of lawfull kings and their adherents ; not for the indemnity , impunity , encouragement of traytors , rebels , intruders , usurpers . ly , what ( ) tully writes of the roman senators , we ought to doe the same of our english parliaments and legislators : ea virtute et sapientia majores nostri fuerunt , ut legibus scribendis nihil sibi aliud quam salutem atque utilitatem reipublicae proponerent . whence he there inferrs : a legibus nihil convenit arbitrari , nisi quod reipublicae conducat , proficisci ; quoniam ejus causa sunt comparatae . therefore these laws are to be interpreted for the best security , safety , preservation of the lawfull heads of the commonwealth , and their rightfull heirs and loyal dutifull subjects ; not for their destruction , and the indemnity , security of usurpers , traytors , rebels , aspiring after their crowns , thrones , assassinations , to the publike ruine . ly , all the branches of the statute of e. . c. . ( made at the special request of the lords and commons , and that by a lawful king at that season ) declare this statute to be meant only of a lawful king whiles living , whether in or out of actual possession of the realm , not of a bare usurper in possession without right , as sir edward cooke expounds it : ( ) else it will necessarily follow that it shall be no treason at all to compasse or imagine the death of the king de jure ( if once dispossessed for a time by violence and treason ) or of his queen , or eldest son and heir ; or to violate his queen or eldest daughter not married : or to levy war against the lawfull king in his realm , or to be adherent to his enemies within the realm or elsewhere , or to counterfeit his great or privy seal or mony ; &c. but high treason in all these particulars in relation only to the vsurper in possession , without and against all right and title : which would put all our rightful kings and supreme governors into a farr worser , sadder condition , than their trayterous vsurpers : and into a worse plight than every disseisee , or lawfull heir intruded upon by abatement , or dispossessed by torcions , unjust , or forcible entries ; for which our * common and statute laws have provided many speedy and effectual means of recovering their possessions , and damages too against disseisor● ; abators , intruders on their inheritances , freeholds ; & for exemplary punishment , fining , imprisonment of the disseisors , abaters ; but no means of recovery at all for our dishinherited , disposse●ed kings or their heirs against intruders , vsurpers of their crowns ; nor punishments against them , their confederates , or adherents , if our laws concerning treasons extend not unto them , though kings de jure , but only to usurpers de facto , et non de jure ; and if the statute of h. . exempt them from all kinds of penalties , forfeitures by the lawfull king , when he regains possession of the crown ; as some now expound them , ly . it is resolved both by our ( ) statutes , judges , law-books , over and over : that there is no inter-regnum in our hereditary kingdom , or any other : that so soon as the rightfull hereditary king dies , the crown and realm immediatly descend unto and are actually vested in the person and possession of the right heir , before either he be actually proclaimed or crowned king ▪ and that it is high treason , to attempt any thing against his person or royal authority before his coronation , because he is both king de jure , & de facto too : as was adjudged in watsons and clerks case , hill. . jacobi : hence upon the death of ( ) king henry the . though prince edward his heir was absent out of the realm in the holy wars , where he received a dangerous wound by an assassinate , and was not certainly known to be alive ; yet all the nobility , clergy and people going to the high altar at westminster , swore fealty and allegeance to him as their king , appointed a new seal and officers under him , qui thesauram regis & pacem regni fideliter custodirent : sicque pax novi regis edwardi in cunctis finibus regni proclamatur ; edwardo fidelitatem jurantes ; qui si viveret penitus ignorarunt . besides it is both enacted , resolved in our ( ) statutes , lawbooks , that nullum tempus occurrit regi : and that when the king is once in legal possession of his crown lands , or any lands holden of him by reason of his praerogative , he who enters or intrudes uppon them , shall gain no freehold thereby : yea , if the kings tenant dieth , and his heir enter into the lands his ancestors held of the king , before that he hath done his homage and received seisin of the king , though he hath a right of inheritance to the lands by law , yet he shall gain no freehold , and if he die , yet his wife shall not be indowed , because he gained no freehold , by his entry , but only a naked possessiō ; much les then shal a meer intruder gain any freeheld or interest in the crown or crown lands it self , to the prejudice of the rightfull king or his heirs ; this is most evident , by the sacred presidents of k. david , still king , when unjustly dispossessed & driven out of his kingdom by his unnatural son absolon , who made himself king de facto : ( who was yet a traytor with all his adherents , and came to a tragical end ) . sam. c. . to c. . by the case of * adonijah the vsurper and his adherents , slain and degraded as traytors ; and of the usurper athaliah , who had near . years possession of the throne , and slew all the bloud royal , but ioash ; yet was shee dispossessed , slain as a murderer , traytor , usurper , and ioash the right heir set upon the throne , and crowned king by jehoiada the high priest , the captains and rulers of the host , and officers , people of the land who all rejoyced and the city was quiet after that they had slain athaliah with the sword ; kings . chro. c. . and as this was gods law amongst the jews : so it was the antient law of england , under the antient britons ; as is evident by the case of the usurper vortigern , (c) who af●er his usurpation of the crown by the murther of two rightfull kings , constantine and constance , and near years possession by usurpation ; the britons calling in and crowning aurelius ambrosius the right heir , for their lawfull king , he was prosecuted by him , as a traytor both to his father and brother , whom he caused to be murdered to gain the crown , besieged , assaulied and burnt to death in the castle of genorium in wales with all his adherents that were in it . this law continued not onely under our saxon kings , but english too : as is evident by the case of † qu. maud , reputed a lawfull queen , notwithstanding the usurpation , coronation and actual possession of king stephen in her absence ▪ (d) all whose grants of the crown lands were resumed by her son king henry the . and king stephens charters and grants of them , resolved null and void against king henry , because made by a usurper , and invader of the crown . (e) king john in the year . was renounced by most of his nobles , barons , people , who elected , crowned , and swore allegeance to lewes , as their king ; and dispossessed king john of all or most of the realm : who thereupon , at his death , cum summa mentis amaritudine , maledicens , & non valedicens omnibus baronibus suis , pauper & omni thesauro destitutus , nec etiam tantillum terrae in pace ●inens , ut vere johannis extorris , diceretur , ex hac vita miserrime transmigravit ; henricum primogenitum suum regni constituens haeredem ; yet no sooner was he dead , though lewes was k. de facto , and that by the barons own election , who called him in and crowned him ; but gualo the popes legat , and many of the nobles and people as●embling at glocester , there crowned henry his son , for their true and lawfull king at glocester , cogente necessitate : quoniam westmonasterium , ubi locus est ex consuetudine regiae consecrationis deputatus , tunc ab inimicis suis suit obsessum . after his coronation he received the homages and fealties of all the bishops , earls , barons , and others present at his coronation , (f) sicque nobiles universi & castellani , eo multo fidelius quam regi johanni adhaeserunt , quia propria patris iniquitas , ut cunctis videbatur , filio non debuit imputari , after which most of the nobles and english deserting lewes , submitted themselves to henry as their lawfull soveraign , routed the french forces , besieged lewes in london , forced him to swear that he would depart the realm , and never to return more into it during his life , and presently restore all the lands and castles he had taken in england , by warr , and resign them to king henry : which he accordingly performed . most of the barons who adhered to lewes , and submitted themselves to king henry , were by agreement restored to all their rights , inheritances and liberties : but (g) some bishops , abbots , priors , secular canons , and many clergy-men , qui ludovico & baronibus consilium praestuerant , et favorem , and continued obstinare , were excepted out of the composition between king henry and lewes , and thereupon deprived of their livings , goods , and forced to make fines and compositions , for adhering to the usurper lewes , though king de facto for a season . therefore a king de facto , gets neither a legal freehold against the king de jure , or his heirs ; nor can he indemnify his adherents against his justice , who are still traytors by adhering to him though crowned : and the king de jure may punish them as such . ly , since the statute of e. . (h) ( which altered not the law in this point before it ) in the parliaments of e. . ro● . parl. n. . to . e. . n. . to . e. . n. , , . king henry the . himself , ( though king de facto for . years , and that by act of parliament , and a double descent from henry the th , and th , usurpers and intruders ) together with his queen , and sundry dukes , earls , barons , nobles , knights , gentlemen who adhered to him in his wars against richard duke of yorke , and edward the th , king de jure ; were all attainted of high treason , all their lands , goods , chattels forfeited , some of them executed as traytors , for adhering to henry the . and assisting him in his wars against edward the th . king only de jure , it being adjudged high treason within the statute of e. . against sir edward cooks fond opinion to the contrary . as for the year-book of e. . f. . b. that the king de jure when restored to the crown , may punish treason against the king de facto , who usurped on him , either by levying warr against him , or compassing his death , it was so farr from being reputed law in any age , ( being without and against all presidents ) or in king edward the fourths reign , that those who levied war against henry the . were advanced , rewarded as loyal subjects , not punished as traytors for it , by king edward the th , when actually king ; it being not only a disparagement , contradiction to the justice , wisdom , title , policy , and dangerous to the person , safety of any king de jure , to punish any of his lieges , subjects for attempting the destroying , deposing of an vsuper of his crown , and archtraytor to his person ; but an owning of that usurper as a lawfull king , against whom high treason might be legally committed , and a great discouragement to all loyal subjects for the future , to aid him against any intruders that should attempt or invade his throne , for fear of being punished as traytors , for this their very loyalty and zeal unto his safety . moreover all the gifts , grants made by henry the , , . themselves ; or in and by any pretenced parliaments under them , were nulled , declared void , and resumed , they being but meer usurpers and kings de facto , not de jure . ly , it is the judgement , resolution of (a) learned polititians , historians , civilians , canonists , divines , as well protestants as papists , jesuites , and of some (b) levellers , in this age , that it is no offence , murther , treason at all by the laws of god or men , but a just , lawfull , commendable , heroick , righteous , and meritorious action , to kill , destroy , dethrone or wage warr against a professed tyrant , especially such a one who invades his lawfull soveraigns throne , crown , by perjury , treason , force , regicide , expulsion , deposition , or assassination of his rightfull undoubted soveraign , against his duty , and allegiance , without any colour of just title to the crown . and this they hold unquestionable , when done either by command or commission from the king de jure● or his rightfull heir or successor , though out of actual possession ; or out of meer loyalty and duty to restore them to the just possession of their thrones , or to free their native country from the miseries , oppressions , wars , murders , bloudsheds , and apparent destruction occasioned by his usurpation of the crown ; which is warranted by the presidents of athaliah kings . & chron. . and of zimri , kings . . to . recorded in scripture , with hundreds of examples in other histories of all antient and modern empires , kingdom● . besides , when the usurping king de facto is removed , dead , destroyed , and the king de jure , or his right heir , restored by way of (c) remitter to the actual possession of the crown , in disaffirmance of the usurpers right and possession , they are in the selfsame plight and condition in law , as if they had never been usurped upon or dispossessed of the throne . therefore the king de jure can neither in law nor justice when remitted , punish any such attempt against the king de facto , as treason ; it being no treason in it self , and the usurper no lawfull king at all , but the very worst and greatest of traytors , whiles a usurper . so that e. . f. . b. can be no law at all , but a most gross absurdity . ly , it is a principle in law , that no (d) disseisor , trespassor or wrong-doer , shall apportion or take advantage of his own wrong , in the case of a common person : much less then shall the usurper of the actual possession of his lawfull soveraigns crown , being the highest offender , traytor , wrong-doer , take advantage to secure himself or his adherents , by his wrongfull , trayterous possession , against the statute of . e. . or the ax of justice . the rather , because this (e) statute was made , and the treasons therein specified , declared and enacted to be treason by king edward the . and most of of those lords , who in the parliament of e. . ( but . years before ) at this kings request , and by his assent , declared , adjudged , condemned , executed roger mortimer , and his complices as traytors , guilty of high treason for murdering king edward the . his father , after he was deposed in parliament , because he was still king de jure , though not de facto : therefore they most undoubtedly resolved the king de jure , though not regnant , to be a king within that act ; not the king de facto , without right or title , as sir edward cooke erroniously asserts . ly , if the imagining or compassing the death , or deposing , or imprisoning of the king declared by overt act , or rearing war against him , or adhering to his enemies , by any ambitious usurper , be high treason within this act , for which he and his adherents shall lose their lives , lands , estates , and suffer as traytors , though he never actually kill , depose , imprison or dispossess the king of his actual regal power , as the (f) council of calchuth , an. . cap. . the council of aenham , an. . cap. . with all our antient * laws , lawbooks , lawyers cited by sir edw : cook in his . instit . c. , . the statutes of e. . all our (g) other acts concerning treason : and the forecited judgements , presidents in parliament , with others in queen elizabeths reign abundantly evidence : then it is much more high treason in the highest degree within the letter ▪ intention of all these laws , actually to usurp and get possession of the crown by levying warr against , and imprisoning , degrading , expelling , banishing or murdering the lawful king himself , and depriving him or his right heir of the possession of the crown ; there being a complication of all the highest treasons involved in an actual usurpation , and a greater damage , prejudice to the king , kingdom , than in a successless attempt alone , which proves abortive , and is quickly ended . and if so , then such an arch-traytors actual usurpation of the crown , must by consequence be so far from indemnifying him , or mitigating , or expiating his treasons , that it doth aggravate them to the highest pitch , and expose him and his adherents to the highest penalties though king de facto , and that both by the law of god himself ; as is evident by the cases of (h) athaliah , and of (i) baasha , who conspiring against and slaying his soveraign nadab , son of jeroboam , and then reigning in his stead , smote all the house of jeroboam , not leaving to him any that breathed , according to the saying of the lord : yet because he provoked god to a●ger with the works of his hands in being like the house of jeroboam , and because he killed him ; his son elah ( who reigned in his stead two years ) was by gods retaliating justice slain by zimri : who reigning in his stead , assoon as he sat on the throne , slew all the house of baasha , so that he left him not one that pissed against the wall , neither of his kinsfolks nor of his friends , according to the word of the lord which he spake against baasha by jehu the prophet . when zimri had thus reigned by usurpation , bloudshed but . days , all the people of israel that were incamped against gibethon , hearing that zimri had conspired and also slain the king made omri , captain of the host , king over israel that day in the camp : who presently all marched from gibethon to tirzah , & besieged zimri in it ; where he was burnt with fire in the kings house , and died for his sins , and the treason which he wrought . all these usurpers , though kings de facto , and gods special instruments to punish and cut off other evil kings and their families ( who usurped the crown of israel and kept the . revolting tribes from the house of david to whom god had annexed them at first , till rent from it by jeroboams rebellion for solomons sin ) were yet traytors still in gods and mens account , and thus exemplarily slain and punished as such . the like examples we find in the gothish and spanish histories , every such actual invader of the crown , qui regem nece attractaverit , aut potestate regni exuerit , aut praesumptione tyrannica regni fastigium usurpaverit ; being condemned and for ever accursed excommunicated with the highest anathema that can be inflicted , by the (k) . council of toledo , can . . and also by the . can. , , , , . the like presidents we find in the histories of the roman emperors , of the kings of denmark , poland , france , scotland , and other realmes , where usurpers of the crown , though in actual possession , have been oft times slain and executed as the archest traytors by the rightfull kings or their heirs , or the nobles and people of th●se realm ; their possessions of the crown , being no expiation of their treasons , regicides , but an (l) aggravation of them , both in law and gospel account , unable to secure their heads , lives , by their own law and concession , since the actual coronation , unction and possession of the kings de jure whom they murdered , deposed against their oaths , allegeance , duties , could neither preserve their crowns , persons , nor lives from their violence and intrusion . to omit (m) he hanging up of iohn of leyden , who crowned himself a king , with his companions , for traytors , at munster , an. . with all antient domestick presidents of this kind among our british and saxon kings : it is very observable , that in the (n) parliament of e. . n. , . henry the . though king de facto , together with his queen , son edward prince of wales , the duke of somerset , and sundry others , were attainted of high treason , for killing (o) rich. duke of york at wakefield , being only king de jure , and declared heir and successor to the crown after king henry his death ; in the p●rliament of h. . n. . though never crowned , and not to enjoy the possession of it during the reign of king henry : yet henry the . his murder after his deposition , was never inquired after , though king de facto for sundry years , and that by descent from . usurping ancestors , nor yet reputed treason . after this (p) king richard the d. usurping the crown , and enjoying it as king de facto for . years , . moneths , and one day ; was yet slain in bosworth field , as an usurping bloudy traytor , stript naked to the skin , without so much as a clout to cover his privy members , all sprinkled over with mire and bloud , then trussed like a hogg or calf behind a pursuivant , and ignobly buried . sir william catesby a lawyer , one of his chief counsellors , with divers others , were two dayes after beheaded at leicester , as traytors , notwithstanding he was king de facto ; and no doubt had not king richard been slain in the field , but taken alive , he had been beheaded for a traytor , as well as his adherents , being the principal malefactor , and they but his instruments ; so that his kingship and actual possession of the crown by intrusion , did neither secure himself nor his adherents from the guilt or punishment of high treason , nor yet the act of parliament which declared him true and lawfull king , as well by inheritance and descent , as election ; it being made by a packed parliament of his own summoning , and ratified only by his own royal assent ; which was so far from justifying , that it did make his treason more heinous in gods and mens esteem ; it being a framing of mischief , and acting treason by a law , psal . . , . which god so much abhors , that the psalmist thence infers , v. . and the lord shall bring upon them their own iniquity , and shall cut them off in their own wickedness ; yea , the lord our god shall cut them off : as he did this arch bloudy traytor and his complices , though king de facto by a law. ly , since the statute of h. . c. . ( some clauses whereof , making void any act or acts of future parliaments and legal process against it , are meerly void , unreasonable , and nugatory , as (i) sir cook himself affirms of statutes of the like nature ) there have been memorable presidents , judgements in point against his and others false glosses on it in favour of usurpers , though king or queen de facto , and their adherents , against the lawfull queen and heir to the crown , which i admire sir edward cooke , and other grandees of the law forgot , or never took notice of , though so late and memorable . king (k) edward the . being sick and like to dye , taking notice , that his sister queen mary was an obstinate papist , very likely to extirpate the protestant religion , destroy that reformation which he had established , and usher in the pope and popery , which he had totally abandoned , by advice of his council instituted and declared by his last will in writing , and charter under the great seal of england , the lady jane ( of the bloud royal , eldest neice to king henry the . a virtuous lady and zealous protestant , without her privity or seeking ) to be his heir and successor to the crown immediately after his death ; for the better confirmation whereof , all the lords of his privy council , most of the bishops , great officers , dukes , earls , nobles of the realm , all his judges and barons exept hales , the serjeants and great lawyers , with the mayor and aldermen of london , subscribed their names , and gave their full and free assents thereto : wherupon immediately after king edwards death , july . . iane was publikely proclamed qu. of this realm , with sound of trumpet , by the lords of the council , bishops , judges , lord mayor and aldermen of london : so as now she was a queen de facto , backed with a very colourable title from king edward himself , his council , nobles , judges , and the other subscribers to it , being likewise eldest neece to king henry the . of the bloud-royal . for defence of her person and title when proclamed queen , and to suppress mary the right heir , the council speedily raised a * great power , of foot , and horse , of which the duke of suffolk was first made general , being her father , but soon after the duke of northmberland by commission from the whole council in queen janes name , who marched with them to cambridge , and from thence to st. edmunds bury , against the lady mary , queen only de jure , not de facto . but many of the nobles , and the generality of the people inclining to queen mary the right heir , and resorting to her ayd to fotheringham castle ; thereupon the council at london repenting their former doings , to provide for their own safety , on the . of june . proclamed mary queen ; and the duke of northumberland hearing of it , did the like in his army , who thereupon deserted him . from which sodain alteration , the author of rerum anglicanarū annales , printed lond. . l. . p. . hath this memorable observation . tali tamen & constanti veneratione nos angli legitimos reges prosequimur , ut ab eorum debito obsequio nullis fucis aut coloribus , imo ne religionis quidem obtentu , nos divelli patiamur : cujus rei janae hic casus , indicium poterit esse plane memorabile . quamvis enim dominationis illius fundamenta validissima jacta fuissent , cui et summa arte superstructum est , quam primum tamen regni vera et indubitata haeres se civibus ostendit , omnis haec accurata structura concidit illico , & quasi in ictu oculi dissipata est : idque eorum praecipue opera , quorum propter religionis causam propensissimus favor janae adfuturus sperabatur , &c. * all the martyrs , protestant bishops and ministers , imprisoned and burnt by her : humbly requiring , and in the bowels of our lord jesus christ beseeching all that fear god , to behave themselves as obedient subjects to the queens highness , and the superiour powers which are ordained under her , rather after their example to give their heads to the block , than in any point to rebell against the lords anointed , queen mary : in no point consenting to any rebellion or sedition against her highness ; but where they cannot obey , but must disobey god , there to submit themselves with all patience and humility to suffer as the will and pleasure of the higher powers shall adjudge . against the doctrine , practice of some new saints of this iron age , who will ward off christs wooden cross , with their iron swords , and rather bring their soveraigns heads to the block , than submit their own heads unto it for their very treasons , and rebellions against them . so farr are they from believing , practising the very first alphabetical lesson of our saviours prescription , and real christanity , mat. . . if any man will come after me , let him deny himself , and take up his cross and follow me . the duke of northumberland for that he was appointed general of the army in this quarrel of the lady jane , though queen de facto , was arrested of high treason , together with . of his sons , the marquess of northampton , the earl of huntindon , with sundry knights , gentlemen , and sent prisoners to the tower of london . the . of august next following , the said duke and nobles were publikely arraigned of high treason , in westminster hall before thomas duke of norfolk high steward of england : being brought to the bar , the d. used great reverence to his judges , professing his faith and allegiance to the queens majesty , whom he confessed he had grievously offe●ded , saying (a) that he meant not to speak any thing in defence of his face , but would first understand the opinion of the court in . points . . whether a man doing any act or thing by authority of the (a) princes councel , and by warrant of the great seal of england , and nothing doing without the same , may be charged with treason for doing any thing by such warrant ? which question was grounded on this very statute of h. . c. . . whether any such persons as were equally culpable in that crime , and those by whose letters and commandment he was directed in all his doings , might be his iudges , or passe upon his tryal , as his peers ? to the . was answered ( mark it ) that the great seal he had for his w●rrant , was not the seal of the lawfull qu. of the realm , nor p●ssed by her authority , but the seal of an vsurper , and therefore could be no warrant to him . to the . that if any were as deeply to be touched in that case as himself ; yet so long as no attainder was of record against them , they were nevertheless persons able in law to pass upon any tryal , and not to be challenged therefore , but at the princes pleasure . after which the duke and the rest of the lords using but few words , declaring their earnest repentance , and imploring the queens mercy , confessed this indictment of treason , and thereupon had iudgement passed upon them as traytors ; and the duke ( with sir iohn gates and sir thomas palmer ) were accordingly executed on tower hill , august . confessing the iustice both of their iudgement and execution , as traytors , and not justifying themselves by the act of h. . after this (b) archbishop cranmer though at first , he refused to subscribe k. eds. will to dis-inherit queen mary , alleging many reasons against it , yet was committed prisoner to the tower , indicted , arraigned , condemned of high treason in november following for aiding the earl of northumb. with horse and men against queen mary : and queen jane herself , though queen de facto , & meerly passive , not active in this case , never aspiring after the crown ( being proclaimed queen against her will ) with the lord guyldsord her husband , were both indicted , arraigned , condemned of high treason , and accordingly executed as traytors , feb. . mariae , the one for usurpation of the royal estate as qveen of england ; the other as principal adherent to her in that case ; both of them confessing , that by the law they were justly condemned . after which the duke of suffolk her father , and sundry others were condemned of high treason , executed upon the same account ; and that by the judgement of all the several peers , nobles , judges , lawyers , and great officers of engl. though guilty of the same crime seconded with the judgement of the whole parl. of mar. c. . which confirmed their attainders as just and legal , notwithstanding the statute of h. . c. . which extends only to indemnifie those subjects who doe their true duty and service of allegiance , to their king and soveraign lord ; which none certainly do who adhere and joyn with an apparent usurper in possession against their lawfull undoubted king and soveraign lord , as they here adjudged , and the parliaments of , and of king edward the th . long before : no acts of parliament whatsoever being able to secure usurpers titles , though kings de facto , to themselves or their posterity , or to save their own or their adherents heads from the block , or their estates from confiscation , as the recited tragical presidents and judgements prove , against the absurd opinions of many grandees of the law in great reputation ; who take all sir edward cooks and others dotages for oracles , and well deserve a part in ignoramus , for being ignorant of these late notorious judgements and authorities against their erronious opinions , wherewith they seduce their silly clyents and young students of the law to their great peril , for whose better information , i have the larger insisted on this point , to rectifie this dangerous capital mistake , which may hazard both their lives , estates , and souls to boot . and so much in answer to the objected presidents of edward and richard the d . to prove the commons right of judicature in parliaments , &c. as good an evidence as that grave sir e. cook produceth , † to prove this house of commons ( who had no * journal book till ● ed. . ) to be a distinct court of iudicature , because upon signification of the kings pleasure to the speaker , they do and may prorogue or adjourn themselves , and are not prorogued , adjourned by the house of lords . by which reason he might prove every committee of the lords or commons house to be a distinct court , because they may adjourn and prorogue themselves without the house , and all commissioners for examination of witnesses , charitable uses , the petty sessions of justices of peace , all country committees , archdeacons and other visitors , all auditors of accounts , arbitrators , referrees , &c. to be courts , because they may all adjourn themselves from one day and place to another ; when as their presenting of their own speakers in , and the kings calling them into the lords house at the beginning and end of every parliament , or session , and at the passing of bills , * and their dissolution in the lords house , is a stronger argument to prove them no court at all , at least of judicature , than their adjournment or prorogation of themselves , to evidence them to be a distinct court from the house of lords . should i here subjoyn to the premises all the cases extant in the lords iournals and parliament records , evidencing the lords real jurisdiction , proceedings and judicature in civil causes , in the reigns of king ed. the . richard the . henry the . and . queen mary , queen elizabeth , king iames and king charles , i should be over tedious to the readers , i shall therefore only trouble you with cases more . in the (f) parliament of elizabeth , there arose a question about place and precedency in the case of the lord de la ware : upon debate thereof in the lords house , all the lords except the lord windesore adiudged , that he should have place next after the lord wil●oughbie of erisbe . and the lord keeper was appointed to acquaint the queens majesty with this determination of the peers , and to know her pleasure concerning the same . in the last long parliament pasch . caroli , this cale of note and consequence , was adjudged by the lords ( against the late resolutions of some judges , touching the jurisdiction of the admiralty court ) between fairfax and le gay , and mr. johns a london merchant . in lent vacation . mr. iohns libelled in the admiralty against one hooper for weight of barbadoes tobacco , sold to him , at st. maloes in france , in partibus transmarinis infra jurisdictionem admiraltatis angliae , by one b●les factor to hooper for fraight due unto him by hooper for his ship called the william and anne , whereof iohns was owner , without alleging , that this sale and contract was made super altum mare : fairfax and le gay became sureties for hooper in the admiralty ; iohns had a sentence against hooper in the admiralty upon this libel , who soon after became a bankrupt . whereupon fairfax and le gay his sureties , appealed to the delegates to avoid the sentence and execution against them , and then moved in the kings bench for a prohibition to stay the sute ; suggesting the contract to be made at st. maloes upon the land , and not super altum mare ; and so not within the jurisdiction of the admiralty ; upon which they procured a rule to stay the proceeding ; whereupon johns petitioned the house of lords for relief against this rule , and that the delegates might proceed to give sentence upon the appeal , that so he might have execution against the sureties ; hooper being a bankrupt for above one hundred thousand pounds , and all his estate sold , so as his debt would be wholly lost if he should be deprived of the benefit of his sentence , to which the sureties were liable . upon his petition this point in law amongst others whereon the hinge of his case turned , was argued at the lords bar by mr. serjeant rolls , & mr. maynard for fairfax and le gay , and by my self for johns . whether the admirals court had any true , antient , legal jurisdiction of contracts made at st. maloes , and other parts beyond the seas , between merchants and mariners touching their merchandise and marine affairs upon the land , as well as on the sea ? the sureties counsel argued confidently they had not , upon the statutes of r. . c. . r. . c. . h. . c. . and the presidents cited in sir ed. cooks instit. p. . and c. . of the court of admiralty , and in hubberts reports ● . . but i argued to the contrary , and clearly proved by the laws of oleron , lex , , , , , , , , , . made in the reign of king richard the . anno . ratified under the seal of that island by that king , confirmed and used by henry . edw. . and practised ever since as the law of the land in the court of admiralty , as (g) sir edward cook himself asserts ) and by the notable record of e. . in cooks institutes p. , , . and seldens mare clausum , l. . c. ▪ f. . the black book of the admiralty , & the parliament roll of h. . n. . for confirmation of the laws of oleron : . that the admiralty in all ages since king rich. the . ●ill the making of these statutes , (h) and ever since ( till hill. jacobi c. b. between tomlinson plaintif , and philips defendant ) had held jurisdiction of such contracts between merchants and mariners , made upon the land in forein parts , as well as on the sea : as the (i) marshal had always used to hold plea of contracts , and deeds of arms , warr , treasons , murders and felonies out of the realm , which cannot be determined by the common law : and that without any prohibi●ion granted to stay the proceedings in all that large tract of time , both before and since these statutes . ly . that these acts were made only to restrain the admirals , incroachments of jurisdiction , in contracts , pleas , quarels , & other things made or done by landor water , within the * bodie of the counties of this realm , or in any port , harbor , haven , or creek within the counties , the conusance whereof properly belonged to the kings courts , or to the courts of cities , burroughs ; and other lords , and to confine them only to such contracts and things within the realm ( whereof the (k) sea is a part , being under the kings dominion and lordship ) as are made or done upon the sea , not upon the land o● water in any haven , port , river , creek within the precinct of any county : but not to debar them in the least degree of their antient , undoubted jurisdiction they always had and exercised de jure , without complaint or restraint , in contracts of merchants and mariners made upon the land in forein parts beyond the seas , of which the kings common law courts , and the courts of other cities , burroughs , ports , lords , (l) never had nor could have the least jurisdiction , since out of the realm , and no jury de vicineto could be thence awarded or summoned to try the contract in england : which i proved by the parliament rolls and commons petitions , whereon these statutes were grounded , being most express in point , as r. . rot. paerl . n. . r. . n. . r. . n. . h. . n. . h. . ● . . h. . n. . compared with e. . c. . r. . c. . h. . c. . eliz. c. . eliz. c. . which so interpret it , and by most of the cases cited by edward cook in his chapter of admiralty , extending only to contracts made within the body of any county within the realm , not in any forein parts on the land or sea , without or beyond the realm , whereof the comon law courts had never jurisdiction before sir sir edw. cooke was chief justice , and that by a (m) meer fiction , and false contradictory surmise , contrary to truth , reason , justice , law , and the letter of charterparts and contracts themselves ; viz. that they were made at st. maloes , burdeaux , sevil , dantzick or hamborough , in france , spain , denmark , or germany , within the ward of cheape london , a suggestion never made before his time , in or by any law-book or record , only to rob the admiralty of its antient unquestionable right and jurisdiction . ly , that the words of the statute of r. . c. . ( whereon sir edward cook and other judges ground their prohibitions to the admiralty ) , that the admirals and their deputies shall not meddle from henceforth , with any thing done within the realm of england , but only of things done upon the sea , &c. are clearly strained and construed by them directly against the words , meaning and intent of the law-makers , and commons petition whereon it was made : for the later clause ; (n) but only of things done upon the sea ; is put in opposition and contradistinction to the precedent words , with any thing done within the realm of england ; or within the bodies of the counties as well by land as by water ; as the stat. of r. . c. . & e●l . c. . eliz. c. . e. . c. . directly interpret and explain the sense thereof : and they strain and apply them to contracts made by merchants and mariners , not within the realm of england , or bodies of the counties thereof by land or water , but beyond the seas , and quite out of the realm , being no part of the realm , or within the body of any county of england , or kings dominions ; than which a greater solecism and contradiction cannot be imagined against the scope and letter of these statutes . for by this construction , they may likewise strain the very oath of supremacy , that no foreign prince , person , prelate , state or potentate hath , or ought to have any jurisdiction , power , &c. ecclesiastical or spiritual within this realm : with the statute of eliz. ch . . for the abolishing of the usurped iurisdiction of the bishop and see of rome , within this realm ; and against raising s●dition , bringing in bulls , agnus , dei , crosses , pictures , &c. within this realm ; and other the dominions thereof : to the punishment of all such , as shall avetr , that any forein prince , person , prelate , state , potentate , or the pope , have or ought to have any jurisdiction , power or authority out of this realm , or the dominions thereof ; or shall raise any sedition , or vent popes bulls , &c. in any forein kingdom or country ( as france , spain , italy , poland , germany ) out of the realm , as if they had done it within this realm of england . ly , that by the opinion , resolution , agreement of the judges of the kings bench , . and of (o) all the judges of england ( whereof hutton and crook were . ) febr. . hi● . . caroli , ( the original whereof i produced subscribed with all their hands ) if sute he commenced in the court of admiralty upon contracts made , and other things personal done beyond the seas , or upon the sea ; no prohibition is to be awarded : ( contrary to sir edward cooks opinion ) this being the iudgment of all our judges in former ages , wherein no record or president could be produced of any such prohibition from richard the . till the later end of queen elizabeths or king james his reign . the lords upon my argument were so fully satisfied in this point of law , that they all unanimously and immediately * adjudged , and ordered ( notwithstanding iustice bacons and reeves opinions upon the late presidents to the contrary ) that the rule for the prohibition in the kings bench should be vacated ; and that the delegates should proceed to sentence in the cause ; which they did : and so my client got both judgement and execution soon after against these sureties . i might here very fitly inform our levellers and their confederates , that the lords in parliament ( as they did antiently , so since the commons admission unto this great council , have ) made not only some † acts for the government of london without the commons , as in r. . n. , , . † granted ayds for themselves to the king , and likewise for the merchants by the merchants consents ; confirmed charters , patents in parliament ; reversed attainders , restored persons attainted and their heirs to lands and bloud , elected the kings great officers , privy counsellers ; and prescribed them laws , rules , orders : appointed a protector during the kings minority , limited his power , and discharged him from his place without the commons : confirmed an imposition upon cloth by the king , against the commons petition to take it off ; ordered a subsidy to be paid absolutely , which the commons granted but conditionally ; called receivers of subsidies and monies to account , without the commons , and opposed the commons encroachments upon their privileges ▪ as you may see in the parliament rolls of e. . n. , . parl. . & parl. . n. . e. . n. . e. . n. . par. r. . n. . to . . r. . n. . h. . n. . to . h. . n. . h. . n. , . h. . n. . , . h. . n. . h. . n. . in claus . e. . m. . & . de essendo in parliamento ; there are writs directed to particular persons in this form . sis coram nobis , et cateris proceribus et magnatibus regni nostri angliae in praesenti parliamento ( without mentioning the commons ) apud westm . convocato , hac instante di● sabbat● , proxime post futur : ad informandum nosipsos , proceres et magnates ( not the commons ) super quibusdam de quibus per te volumus informari , &c. . junii . per concilium in parliamento . and for the nobles of ireland , i find this record . claus . e. . m. . † rex dilecto et fideli suo johanni darcy de nevien , justiciario suo hyberniae salutem . ex parte quorundam hominum de hybernia nobis exstitit supplicatum , u● per statutum inde faciendum concedere volumus , quod omnes hybernici qui voluerint , legibus utantur anglicanis , ita quod necesse non habeant super hoc cartas aliquas a nobis imperrare . nos igitur certiorari volentes si sine aliquo praejudicio , praemissis annuere valeamus , vobis mandamus , quod voluntatem magnatum terrae illius , ( not of the commons ) in proximo parliamento nostro ibidem tenendo super hoc cum diligentia praesentari facias , & de eo quod inde inveneritis , una cum vestro consilio & advisamento nos distincte & aperte cum celeritate , qua potestis , certificetis , hoc breve nostrū nobis remittentes , &c. upon which petition the use of the english laws was afterwards granted , as appears by clause e. . part . m. . but i shall close up this plea and supplement with a few presidents more , pertinent to demonstrate the lords undoubted right of judicature , council and advice in publike affairs , both in and out of parliament . in the parliaments of e. . n. . e. . c. . e. . c. . e. . n. . r. . n. . r. . n. . it was enacted , that a parliament should be holden once every year , or more often if need be , to redress divers mischiefs and grievances which daily happen ? especially delayes in judgements and sutes at law , through difficulty , or diversity of opinions among the judges . to prevent which , the statute of e. . c. . enacts ; that from henceforth at every parliament shall be chosen a prelate , two earls , and two barons , which shall have commission and power of the king , to hear by petition delivered to them , the complaints of them that will complain of such delayes and grievances , and to cause the records of such judgements to be brought before them , and to hear the cause and reasons of such delayes , and by the assistance and advice of the chancellor , treasurer , justices of both benches , and as many other of the kings council as shall seem convenient , shall proceed to take a good award and make a good judgement therein : and that the judges shall proceed hastily to give judgement according to their determination . and in case it seemeth to them the difficulty be so great , that it may not well be determined without the assent of the parliament , that the said prelate , earls and barons , shall present the tenor or tenors of the said record or cause to the † next parliament , and there shall be a final accord taken , what judgement ought to be given in his case . and according to this award shall be commanded to the judges , before whom the plea did depend , that they shall proceed to give judgement without delay . and to begin to give remedy upon this ordinance , it was assented , that a commission and power be made to the archbishop of canterbury , the earls of arundel , and huntington , the lord of wake , and the lord raufe basset , to endure till the next parliament . after which i find this commission made in pursuance of this ordinance . * edwardus dei gratia , &c. authorizing the bishop of chichester , the earls of huntingdon and devonshire , and tho. wake of lidell , and thomas de berkley barons , assigned to hear querelas omnium qui se de gravaminibus & dilationibus sibi factis coram iustic . et aliis conqueri voluerint , per avisamentum cancell . thes . iustic . de atroque banco , & aliis d● consilio regis , according to the ordinance made in parliament ed. . c. . that unus praelatus , duo comites , et duo barones should have commission and power to hear and determine such complaints , test . rege apud westm . nono die iunii . there is this petition of the commons to the king , for declaring treasons , in e. . rot. parl. n. . item come les iustices nostre seignior le roy , assignez en divers●es countees ajuggent les gentz que sont empeschez devant eux come traiteurs , pur diverses causes desconues a la comune estre treason , que please a nostre seignior le roy per son counse●l , e● per les grantz , et s●ges de la terre , declarer les pointz de treason en cest present parlament . quant a●la petition touchant treason , nostre seignior le roy ad fait declarer les articles de y celle en mane● que ensuit * as in the statute of e. . c. ● . by which petition , act , and the like petition in e. . n. . it is apparent ▪ that the right of declaring , judging what is high treason in parliament , belongs originally to the king himself , by the advise of his councel , great men , and sages of the land and not unto the commons house , at whose request the king then made a declaration of the articles of treason , as in this statute , by his nobles , councils and iudges advice : therefore the declaration of all other treasons in particular cases not within this statute , belongs wholly to the king lords council and judges in the lords house , not to the commons alone , or joyntly with them within the later branch of this act ( as well as the treasons within the body thereof : viz. because that many other like cases of treason may happen in time to come which a man cannot imagin nor declare at this present time ; it is accorded , that if any other case , supposed treason , which is not before specified shall happen de novel before any iustice , the iustice shall demur● without going to iudgement of the treason , tanque per devant le roy en son parlement , soit le case monstre et declare , de que leceo doit estre a jugge treason , ou autre felony . against the opinion of sir edward cooks institutes , p. . the commons having no power at all to declare and judge what shall be treason in such new particular cases , but only when a * new treason is made or declared for the future by bill , or act of parliament , wherein their concurrence is necessary ( as in all new acts concerning treasons since e. . ) as is evident by mr. sr. iohns argument at law this very last parliament , at the attainder of thomas earl of strafford , and mr. samuel browns argument at the lords house bar , to prove and satisfie the lords house , that he , and archbishop laud were guilty of high treason upon the articles of their several impeachments exhibited and proved against them , of which the lords and king alone were the proper iudges , but the commons , only their impeachers and prosecutors in the iudicial way of parliamentary proceedings , as i have formerly evidenced . therefore all the late votes , knacks , declarations of the commons house alone before , or without the kings & house of lords declarations , resolutions , of sundry things to be high treason , and divers persons to be traytors , upon bare informations , suggestions , ( though not within the letter of e. . c. . ) are but meer illegal innovations , extravagancies , yea nullities in law , fit to be eternally exploded , especially by lawyers , the chiefest innovators , promoters of them , rather out of ignorance or rashnesse , than prudence , law , or solid iudgement , for which they can produce no presidents in former ages . in the year . the of king rich. the . we have this memorable president of the lords iudicature together with the king , assembled in a great councel , without the commons , in the case of the mayor , sherifs , citizens and city of london thus related by * walsingham at large . misit rex ad cives londoniarum petens ab eis mutuo mille libras : cui procaciter et ultra quam decuit restiterunt . sed & quendam lumbardom volentem accommodare regi dictam summam , male tractave●unt , ve●beraverunt , er paulominus occiderunt . quae cum rex ●udisset , i●a●us est valde , et convocaas omnes regnipene major●s , apperuit proterviam civium londoniarum , et de praesumptione conqueritur eorundem . qui omnes infesti civibus propter diversas causas , consulunt , ut reprimatur citius eorum insolentia , et superbia destruatur . eranc quippe tunc inter omnes fere nationes gentium clarissimi , arrogantissimi , et avarissimi , ac male creduli in deum & traditiones avitas , lolardorum sustentatores , religiosorum detractores ; decimarum detentores , et communis vulgi depauperatores . in tantumque excrevit eorum supercilium , ut auderene leges condere , quibus adventantes de circumjacentibus villis , vel provinciis , contra rationem omnem humanam , deum , et justiciam , molestarent , gravarent et fatigarent . praetereo eorum inhumanitatem , sileo rapacitatem , reticio infidelitatem , transeo malignitatem , quam indisciplinate in adventantes populos exe●ouerunt . qui si● cuncta describere quae perpetraverunt hoc tempore , volumen credo maximum conficeret . objecta sunt eis igitur quae contra regem fecerant , et suae majestatis notoriam laesionem ; objecta sunt quae in provinciales commiserant , ad regis ac dominorum regnique populi detrimentum : quae si vellent inficiari praesto erant accusatores e patria , qui sacramento suo eorum probare cuperent acta prava . londonienses ergo in medio miseriarum subito constitui , et velut versati inter cudem et malleum , cum non esset locus excusationis , decreverunt se potius submittere regis gratiae , quam succumbere veridicto vel judicio duodenae . regis ergo iudicio arrestatus est maior londoniarum , et vicecomites , cum quibusdam de majoribus , caeteris domum redire permissis . major autem missus est ad castellum de windeshores , caeteri ad diversa castella destinati sunt , sub arcta custodia conservandi , donec rex cum confilio deliberasset quid faceret de eisdem . ibidem decretum est , ne de caetero londonienses maiorem eligerent vel haberent , sed rex de suis militibus provideret aliquem qui , rector foret , et custos civitatis vocaretur , et esset ( quem alio nomine vocamus vulgariter gardianum ) ibi subsequenter , et eorum sunt privilegia revocata , libertates , annullatae , et leges quas vel condiderant , vel a diebus habuerant abrogatae . tunc primo rex constituit custodem civitatis , abrogato maioris vocabulo , quendam militem dictum edwardum de dalyngrygge , qui et ●ive● regeret , & justitiae cunctorum aeque pro●piceret : sed is cito fuit per regem depositus , quia convictus est civibus fecisse juramentum , vel de eorum consuetudinibus defendendis , vel certe pro posse suo , subtiliter revocandis . fuerunt qui dicerent eum ex indus●ria hoc fecisse , plusque regis commodo quam civium in hac parte prospexi●se , quod cum regi fuisset cognitum , poenituit eum militem benevolum sic tractasse . nihilominus rex et alium militem loco suo constituit nomine baldewynum de radyngton , virum certe providum et discretum , qui sciret delinire moerorem civium , et eorum mentes erigere ad s●em bonam . nam cives prae tristitia contaburunt & dolore . interea multis mediantibus ( sed praecipue duce gloverniae ensistente ) rex factus animi aequioris paulatim discedit a sui rigore propositi , reducens ante mentis oculos honores varios , quos per londinenses acceperat , et magnifica dona per eos praestita : unde decernit mitius cum eis agere , et eos ad spem aliqualis gratiae revocare . mittit nempe mandans londinensibus , ut ad castellum de wyndesore conveniant , demonstraturi privilegia , libertates ac jura civitatis nova et vetera coram eo , consilio quoque suo , ut ibi decerneret quae servanda forent in civitate , vel quae penitus obolenda . quibus ●ostensis , quaedam ratificata , quaedam permi●a , quaedam damnata f●ere , maioris tamen nec personam , nec dignitatem ea vice recuperavere , neque plenam regis gratiam , donec satisfecissent regi de damnis et injuriis quae vel sibi , vel regis plebi antea intulissent . equidem ea vice convenit inter regem , et dominos ne eorum satisfactionem acceptaret , nec cum eis quovismodo componeret sine consilio dominorū . nempe rex cum primo contra eos incanduisset ( propter causas qua● s●pra notavimus . ) meditatus est exercitum congregasse , & in civitatem i●ruisse cum impetu , et cives de sub coelo delevi●e . quod tamen , ducis lancast●ae oratione mutatum est ; qui censuit eos ( ut praemitti●u● ) evocandos , et ( ut praefettur ) castigandos , vel ( si obstinati fuissent ) tunc juxta regis propositum obsidendos , ende ●erraviventium disperdendos . rex autem in hac collectione apud wyndesore , dominos temporales regni cunctos , et episcopos pene omnes , necnon exercitum talem contraxerat , qui merito terrori londin . posset esse . in quos omnes incredibiles fecit expensas , pro quibus certum erat londonienses solu●uros . ipsi vero non ignorantes quod horum finis esset expositio argenti et auri , submiserunt se et sua regi , voluntarie ei decem millia librarum vadiantes , dimissi tamen sunt domum rediere , incerti quid solueren● , donec regis consilium et formam satisfaciendi , & summam solvendi definisset . cumque et cives regressi fuissent & proceres qui cum rege fuerant , ac reliquus 〈◊〉 pulus ad propria remeassen● . rex audiens londinenses in tristitia constitutos , et mente lapsos , ait suis : vadam inquit londonias , et consolabor cives , nec patiar eos ultra de mea gratia desperare . quae sententia mox ut cognita fuit in civitate , incredibili jocunditate replevit omnes , unde omnes et singuli ei generaliter statuerunt occurrere , et non minores expensas facere in xeniis , & donativis quam fecerant in ejus coronatione . rex igitur ut venit londonias , tanta gloria , tanta pompa , tanta varietate diversorum apparatuum est susceptus , quanta suscipi regem aliquem triumphantem decuis●er . nam equos et phaleros , tabulas aureas et argen●eas , pannos aureos et holosericos , pelues et lavatoria de fulvo metallo , aurum in pecunia , gemmas et monilia , tam ditia , tam nobilia , tam speciosa donaverunt eidem , ut cunctorum valor et pretium non posset facile estimari . sicque recuperaverunt cives consuetudines et libertates antiquas quae saltem civitati possent esse fulcimento , nec extraneis detrimento . indu●tumque fuit eisdem , ut majorem possent eligere sicut prius . credebant autem londonienses quod per haec dona domigerium evasissent , et in posterum quieti fuissent : sed fefellit eos eorum opinio , qui coacti sunt expost solvere regi decem millia librarum , de communitate collecta , in amaritudine mentis magna : proceres vero regni qui regis consilio interfuerant , audientes quod rex contra pactum indulsisset londoniensibus , offensi sunt valde inter se , regis levitatom et inconstantiam condemnantes . nemo tamen palam regem redarguit de praemissis . in the parliament of h. . rot . parl . num . . the commons exhibited this petition to the king ; by which it appears , that as in the parliaments of , . & e. . n. . r. . r. . n. . & h. . n. , . some of the valiantest , wisest , discreetest spiritual and temporal lords , were by petition of the commons , and special order of the lords in parl. placed about these kings , to be their privy covnsellors , to advise , counsel them , and manage all the great affairs of the realm under them ; so in this parliament they exhibited this petition to the like e●●ect . primerement , que plese a nostre dit seigniour le roy ordeigner et assigner en cest present parlement , les pluis vaillantz sages et discretes seigniours espirituelx et temporelx de son roialme , pur estre de son counseil , en eid et supportation del bone et substancial gouvernance , et la bien de roy et de roialme ; et que les ditz seigniours de counseill et les justices de roi soient overtement ( jurez ) eny cest present parlement , de eux bien et loialment en lour counseill et faitz acquiter pur le bien de roy et de royalm , en toutz pointz , saunz favour pur affection , ou affinite faire a ascune manere de persone . et que plese nostre dit seigniour le roy en presence de toutz les estates de parlement , comander les ditz seigniours , et justices sur lour foy et ligeance , que lui devont , qils feront pleyne justice et droit ouelment a chescuny sanz tarians , si bonement come ils purront , sanz ascun commandement on charge de queconque persone a contrarie . le roy le voet , was the answer which was answered . * see the like petitions afterwards in h. . n. . h. . n. , . h. . n. , . h. . n. . i shall conclude with these . memorable late presidents : † in the parliament of eliz. upon the death of thomas williams esquire , speaker of the commons house , richard onstoe esquire , the qu●ens sollicitor , first chosen a member of the commons house , and after called by writ to attend the lord● house as an assistant ; at the request of the commons to the queen and lords , was sent down again to the commons house , without any new election , and there chosen and presented by them for their speaker ; and allowed of by the queen and lords . so in the parli●ment of eliz. upon the queens making john bell esq ; then speaker , chief baron of the exchequer , iohn popham esq ; then queens sollicitor , called from the commons house to the lords as an assistant by writ ; at the commons request to the queen and lords , was remitted to them again , upon his old , without any new election , and th● chosen , presented , accepted for their speaker . which . late presidents infallibly prove , . that the king hath an absolute power over any members of the commons house upon a just occasion , to call them thence by writ to be assistants to the lords house ; or else to create them peers and call them to be members of the lords house , as he did sir francis seymore , mr. arthur capell , and others , created lords the last long parliament : ly , that the calling of any to the lords house from the commons by writ , as assistants only , doth not totally disable them to be members of the commons house again , the self-same or the next parliament , but that upon the commons petion , and assent of the king and lords , they may be remanded to the commons house , and be members and speakers thereof again ; but not by the commons votes or order , but only by the kings , with the lords assent , who may refuse to remand them if they please . a very pregnant argument , chat the power of removing , judging , suspending , approving , readmitting members of the commons house , upon elections or misdemeanors , belongs not of right to the commons house , but to the king and house of peers , as i have formerly evidenced . admit●ing then that the commons have de facto gained , exercised this privilege of late years to judge , suspend or eject their own members in such cases without the king and house of peers , yet having most grosly abused it of late , to the ruine , subversion of parliaments , i must conclude with the * canonists ; privilegium meretur amittere qui abutitur potestate . jer. . . thus saith the lord , stand ye in the wayes and see , and ask for the old pathes , where is the good way , and walk therein , and ye shall find rest for your souls ; but they said , we will not walk therein . prov. . , . my son , fear thou the lord and the king , and meddle not with those who are given to change : for their calamity shall rise suddenly ; and who knoweth the ruine of them both ? jer. . , . c. . , . thus saith the lord , execute ye judgement , and deliver the spoiled out of the hands of the oppressor , and do no wrong : do no violence to the stranger , the fatherless nor the widdow ; neither shed innocent bloud in this place . for if ye do this thing indeed , then shall there enter into the gates of this house , kings & princes sitting upon the throne of david , riding in chariots and on horses , they and their princes , the men of iudah , and the inhabitants of ierusalem , and this city shall remain for ever . but if you will not hearken unto me , &c. then will i kindle a fire in the gates thereof , and it shall devour the palaces of ierusalem , and it shall not be quenched . finis . an omission in pag. : l. . ranulph de glanvil chief justice under king henry the . in his tractatus de legibus et consuetudinibus regni angliae , * written in the year of his reign hath this memorable passage relating to the parliamentary councils in that age , l. . c. . est autem magna assisa , regale qvoddam beneficium , clementia principis de consilio procerum popvlis indvltum ( to wit in a parliamentary council of the king and lords without any commons ) quo vitae hominum et status integritati , tam salubriter consulitur , ut in jure quod quis de libero soli tenemento possidet retinendo , duell● casum declinare possunt homines ambiguum , &c. ex aequitate autem , maxi● prodita est legalis ista institutio . jus enim quod post multas & longas dilationes , vix evincitur per duellum , per beneficium istius constitutionis , commodius et acceleratius expeditur . by which it is evident that the grand assize was no original processe or trial at the common law , but a legal institution , and beneficial constitution proceeding from the grace of the prince , and indulged to the people by the counsel of the lords assembled together in a parliamentary council ( which lib. . c. . glanvil stiles , recordum per assisam de consilio regni inde factum ) for the speedier and better recovery of their freeholds , without endangering their lives by a duel to recover them , which was fuller of delays , but less certain , and more unjust than a recovery by verdict in this new action . and this court he stiles , capitalem curiam domini regis , l. . c. . l. . c. . l. . c. . to which causes usually were adjourned , out of the † hundred courts and court barons for difficulty , and there decided as well as in the kings bench. quando aliquis baro habet aliquam loquelam in curia sua , ita quod curia ipsa non sufficiat eam determinare , tunc potest dominus ipse curiam suam ponere : in cur. dom. reg. ita quod de dubitatione ipsa consilium et assensum habeat curlae dom. reg. quid inde de jure fierl ●ebeat , et hoc debet dom. rex de iure baronibus suis , scilicet ob talem causam possunt sui barones curias suas sic in curiam suam ponere : ita quod faciat eis habere in curia sua de peritis hominibus suis , qui eis super hoc consilium prestent . cum autem in curia domini regis super dubitationibus suis fuerint certificati , poterunt inde cum loquela sua redire , et ipsam in curia sua deducere et terminare : as he resolves l. . c. . errataes and omissions . kind reader correct these errors at the press ; p. . l. . powers , r. thrones , p. . l. . r. & burgesses , p. . l. . in , the , p. . l. . charters ; p. . l. . fore ; p. . l. . statu ; p. . l. . reddituum ; p. . l. . imminentibus ; p. . l. . & haberet , r. habere et ; p. . l. . aliquod , p. . l. . his ; p. . l. . dei ; p. . l. . levy , keep ; p. . l. . vindemiantes ; p. . l. . gentlemen , greatmen ; l. . tyrannicum ; l. . abbates ; p. . l. . convenirent ; p. . l. . excom : p. . l. . addictis , adjectis ; p. . l. . nostri ; l. . e. . p. . l. . petiit ; p. . l. . . decedentibus ; p. . l. fulminatam ; p. . l. . peer , prior ; p : . l. . had , held ; l. . peers , priors ; p. . l. . irrotulati ; p. . l. . sole , old ; p. . l. . crederet ; p. . l. . consecrate ; l. . decerneretur ; p. . l. . & . adunatis ; p. . l. . tractaturi ; p. . l. . normannia ; p. . l. . then , other ; l. , . tha● they , r. that all parliaments ; p. . l. . name , r. nature ; p. . l. . p. . l. . seigniors ; l. . that , their , l. . juggements ; p. . l. m. . p. . l. . imngining ; p. . l. . cromwell ; p. . l. . dele given ; p. . l. . et , est ; p. . l. . r. rex , anno . p. . l. . vadia ; p. . l. . bull ; p. . l. . propriae ; l. . invenerunt ; p. . l. . et , p. . l. . hinc , huic ; p. . l. . valencia ; l. . constantissima ; p. . l. . king and lords ; p. . l. . r. the ; p. . l. . audito ; p. . l. . eflues ; p. . l. . as , of ; p. . l. . grantier p. . l. . comitem ; p. . l. . erat ; p. : l. . presenting , r. prescribed ; p. . l. . lords ; p. . l. . yet , the ; p. . l. . qua , quia ; p. . l. . judicature ; l. . r. e. . p. ●●● , l. . of ●●●●e , i have ; p. . l. . of , in ; p. . l. . servants , sergeants ; lin . . this , their ; p. . l. . h. p. . l. . short , strict ; p. . l. . lords , lands ; p. . l. . haberet ; p. . l. . dele as ; p. . l. . nichil ei ; p. . l. . dele of ; p. . l. . dele and ; p. . l. . pl. & . r. plac . p. . l. . rendus ; p. . l. . pur ; p. . l. . he , the ; l. . them him ; p. . l. . r. as he affirms ; p. . l. . dele . p. . l. . sways , sweeps ; p. . l. . courts of the king ; p. . l. . apprenticius ; p. . l. . doreward ; l. . beerly ; p. . l. . r. excuse ; by reason of his age and impotency by his service in the war , which he alleged ; p. . l. . dele and ; p. . l. . dele fore ; p. . l. . question ; p. . l. ● . dele and ; l. . these are ; p. . l. . when ; p. . l. . bereford ; l. . objection ; l. . may , way ; p. . l. . . r. . p. . l. . eis . in the margin , p. . l. . r. hist . l. . p. . l. . chron. p. . l. . ecclesiae ; p. . l. . paris , r. westm . p. . l. . h. . r. . p. . l. . m. . p. . l. . h. . c. . h. . rot . parl. n. , . are omitted . in the supplement ( being under-cast , beginning p. . ) and the pages from p. . to . being misfigured , pray correct the pages first , then the errataes in it thus ; p. . l. . these , r. those ; p. . l. . ancillamque ; p. . l. . dele in ; p. . l. , pertinentiis ; p. . l. . the , these ; l. . hab. . . p. . l. . sheriff ; p. . l. . parliaments ; l. . part ; p. . l. , . r. king being prisoner in kenelworth castle , the queen and prince came , &c. p. . l. . statutum ; p. . l. . archiepiscopatum ; p. . l. . ferendam ; l. . deponendum ; p. . l. . pius , r. puis ; p. . l. , supra ; l. . members ; p. . l. . to it ; l. . duke , earl ; p. . l. . regem . notes, typically marginal, from the original text notes for div a -e (a) omnes pari sorte nascimur , solâ virtute distinguimur . minutius felix octau . p. . nobilitas sola est ac unica virtus . iuvenal satyr . . (b) omnes boni semper nobilitati savemus : & quia utile est reipub . nobiles homines esse dignos majoribus suis , & quia valet apud nos elarorum hominum & bene de reipub . meritorum memoria , etiam mortuorum . cicero orat. pro p. sext. (c) lilburn , overton , and others . (d) psal . . . † those who usurp supreme power by these illegal means , and come not in by the door ; but climb up some other way into the sheepfold : are resolved by christ himself to be thieves & robbers ; who come but for to steal-kill , and destroy the sheep ; and no lawfull shepherds , powers , magistrates , john . . . these christs true sheep will not follow , but flee from , for they know not their voyce . ver. . * psal . , . † isa . . . * as they are now in part , in an exact abridgement of the records of the tower of london , . published by me . * page . to . . to . . . to . . to . notes for div a -e (a) his protestation against the lords , regal tyranny discovered , with others here quoted , p. , , . (b) prov. . . rom. . , , . tit. . . tim. . , . pet. . . , . (c) eliz. c , . . eliz. c. . jac. ▪ jac. c. , , . h. . c. . (d) dionysius halicarnas . antiqu. rom. l. . p. . † h. . c. . h. . c. . (e) in eutropium l. p. . (f) nubtigensis l. . c. . (g) see walsingham , holinshed , speed ▪ stowes survey of london , trussel , grafton . (h) sleidens comment , l. . . munsteri cosmogr . l. . c. . david chyrraeus , chron. saxoniae , l. , , . (i) see the animadversions on the welsh remonstrance , and answer to killing no murder . * as at first propounded voted , and urged at several conferences . see their declarations and papers of feb. and march and , . (l) polydor virgil , speed , holinshed , in anno . see here , p. . iudge dodderidge , mr. agar , mr. cambden , & joseph holland , in their treatises of the antiquity of the parliaments of england , p. , , , . , . sir walter raleigh his prerogative of the parliaments of england , p. , . the freeholders grand inquest . p. , . (m) institutes , p. . * see walsingham , hist . angl. anno h. . p. . domini in praesenti parliamento regis assensu iudicant & decernunt , &c. & ulterius domini temporales regis assensu iudicant & decernunt , &c. (n) exact collection , p. . * here , p. . to . ( ) instit . f. b. b. see instit . p. , . , , . ( ) seldens titles of honor , p. , , , , . ( ) see my . table to an exact abridgment , &c , & the writs of summons in that abridgement . ( ) an exact abridgement , p. , , , , , , , . , , , , , , . * an exact abridgement , p. . seldens titles of honor , p. . ( ) fitz. n. brev. f. . e. † num. . . c. . . * luke . . * walsingh . trussel , hall , fabian , holinshed , grafton , speed , baker , stow , and others . * gal. . . c. . . † hab. . , , ▪ † ezech. . . to . * nihil est veritatis luce dulcius , cicero ac. quaest ▪ l. . † prov. . . (c) deut. . . psal . . . tim. . . rev. . . c. . . (d) deut. . . psal . . . ier. . . isay . , . notes for div a -e (a) a remonstrance of many thousand citizens to their own house of commons , p. . the just mans justification , p. . regal tyranny discovered , a declaration from his excellency , & the general councel of the army , jan. . . p. . speeches , &c. at a conference newly published by walker , printed verbatim out of dolman the jesuit his book , condemned formerly as treasonable . (b) regal tyranny discovered . lilburns just man in ▪ bonds , p. , . a pearl in a dunghil , the free-mans freedom vindicated , an anatomy of the lords tyranny ; his argument and plea before the committee against the lords authority ; his petition to the commons , his letters to henry martin : overtons arrow of defiance shot into the prerogative bowels of the house of lords ; his petition and appeal , a defiance against arbitrary vsurpation , the agreement of the people and petitions wherein it was presented to the house of commons , an alarum to the house of lords . see m. edwards gangraena , part . . p. . to . (c) overtons petition and appeal to the high and mighty states , the knights and burgesses in parliament assembled , englands legal soveraign power , the remonstrance of many thousands to their own house of commons , a printed petition ( now in agitation ) of many free-born people to the only supreme power of this realm , the commons in parliament assembled . the anatomy of the lords tyranny , an alarum to the house of lords . see m. edwards gangraena , part . p. . to . * see m. edwards gangraena , part . where this is fully demonstrated . (d) lilburns letter to a friend . innocency & truth justified , and his late letters to cromwell , h. martin , sir thomas fairfax , and others . englands birthright . englands lamentable slavery . another word to the wise . comparata comparandis . liberty against slavery . the arraignment of persecution . the ordinance against tithes unmounted . see m. edwards gangraena , part . . p. . to . (e) see the several remonstrances from his excellency and the army , from june , til december last , . and since in november and january , . the agreement of the people , the grand design , putney projects . (f) overtons defiance against all arbitrary usurpation of the house of lords , p. , , , . his arrow against all tyrants , p. . , , . and others forecited ▪ a. & b. * see my historical collection of the antient parliaments and great councils of england . (g) epist . to his . report , institutes on littleton , p. . instit . c. . (h) m. seldens titles of honour , part . . ch . . where this is abundantly manifested , spelmanni concil . tom. . truth triumphing over falshood , antiquity over novelty , p. , &c. the freeholders grand inquest , p. . to . * see chro. . . chron . c. . c. . c. . . num. . . josh . . , &c. c. . . num. . . &c. . (i) see m. seldens titles of honour , p. . ch . . e. . n. . r. . n. . r. . n. . r . n. . h. . n. . cooks . instit . f. . . with many more . (k) r. . star. . c. . h. . c. . (l) see litt. c. . sect. , . & cook ibidem . ass . . (m) cook . instit . c. . & cromptons jurisdiction of courts , c. . * r. . c. . h. . c. . h. . c. . h. . c. . & h. . c. . ● . h. . . h. . . . h. . h. . . h. . . e. . . e. . cook . instit . . a. brook , tit. parliament , corporations . * psal . . , , . ps . . . psal . . . psal . . . (n) exod. . & . & . (o) deut. ▪ . num. . . to . deut. . . to . . . c. . iosh . . (p) neh. c. . &c. (q) sam. . . c. . . . acts . (r) psal . . , , . sam. . sam. , . acts . . (ſ) chron. . . c. . , . chr. . . (t) chron. . . c. . . c. . . c. . . acts . , , . * sam. . . psal . . , . sam. . . kings . . c. . . . c. . . . c. . . . kings . . c. . . c. . . c. . . c. . . c. . . . c. . . . c. . . . c. . . c. . . c. . . c. . . c. . . chron. . . chron. . . c. . . c. . . c. . . c. . . c. . . c. . c. . . c. . . c. . . c. . . c. . . . c. . jer. . . isay . . c. . . matth. . . (v) num. . , , , , , . (x) chron. . . , c. . , , , . c. . c. . exod. . , . chron. . . to . * iudg. . . . c. . . acts . . num. . . to . exod. . , . num. . . to . sam. . . chron. . , . chr. . . to the end . (y] gen. . , , &c. exod. . . psal . . . acts . . (z) esther . & [a] dan. . , . [b] exod. . numb . , & , & . chron. c. . c. . , & . numb . . . heb. . . * mar. ● . † isa . . c. . . io● . , . heb. . , . * mar. . lu. . . mar. . , . iohn . . cor. . . gal . acts . ● . , . [c] case polit . l. . c. . bodin de repub . l. . c. , . joan. mariana de rege & regum , instit . l. c. , . [d] see m. seldens titles of honor. * see mar. . . rom. . . . exod. . , . num. . . to . c. . . c. . . c. . . c. . c. . . iosh . . . . sam. . , . . sam. . . chron. . . &c. c. . . c. . . chro. , , . c. . , . c. . . &c. . c. , . c. . , , &c. c. . . c. . . [e] arist . polit. l. . bodin . de repub. l. . c. , , , . dr. field , of the church , l. . c. , . seldens titles of honour , l. . c. . sect . . gen. . . c. . , . , . exod : . , . deut. . , . * psal . . . , . . psalm . . . psalm . . . to . isay ● . . ierem. . . ephes . . . heb : . . * kings . , , . * cook instit . c. . p. . &c. seldens titles of honour , part . ch . . cambd. brit. * see h. . n. . * num. . . to . josh . . . to . esth . . , . , . sam. . . jer. . . to the end . sam. . . prov. . . c. . . sam. . , . deut . . c. . . josh . c. . to ch . . see littleton , fitz-herbert , brook & ashe , tit. warranty , obligation , covenant , &c. † josh . . . to the end , sam . . to . gen. . . c. . . iosh . . sam. . . sam. . . (l) see m. edwards his gangraena , part . p. . to . * lambardi archaion . bromton , spelman . * hist . c. . * in august . & sundry months following , much more then since most of them secured and secluded by the army in decem. . & ever since , together with the whole house of lords . (g) h. . c. . see mr. seldens titles of honour , cassanaeus catalogus gloriae mundi : alanso lopez in nobiliario , and others who write of nobility . cambd. britan. of the nobility and courts of justice in england , and the texts of scripture , p. . * h. . c. . h. . c. . h. . c. . cromptons iurisd . p. , . . cook instit . c. . (h) cook instit . c. . p . . modus tenendi parliamentum ; cromptons iurisdiction of courts , tit . parliament ; mr. seldens titles of honour , par . . c. . see the abridgement of the records of the tower. (i) h. . . br. parliam . . e. . . . h. . . br. parl. . h. . . h. . . cromptons jurisd . f. . cook instit . p. . . fortesc . f. . dyer . judge huttons argument of mr. hamdens case p. , . * mr. seldens titles of honor , part . ch . . p. . * instit . p. . (i) spelman . concil . p. . (l) spelman . ibid. p. . (m) spelman . p. . (n) hist . p. (o) instit . f. . (p) titles of honor , part c. . sec . . p ● ▪ &c. (q) titles of honor , part c. . sec . , , , . (r) glossarium , tit . comites , & comitatus . * truth triumphing over falshood ; an historical collection of the great councils and parliaments of england ; & part of a legal and historical vindication &c. * king johns magna charta in mat. paris . p. . * proeme , & ch . . . ●. . . (ſ) mar. paris , an. p. , . daniel . p. . (t) mr. st. johns speech concerning shipmony , p. . h. . n. . , , . (u) chron. p. , . * an exact collection , part . . p. . to . . * see cook instit . p. . for the antiquity & for the authority of this treatise , which in truth is meerly spurious . see seldens titles of honour , p. . . to . ( ) an. . ( ) an. . p. . ( ) his catalogue of bishops of carlisle . ( ) graftons & stows catalogues of the maiors of london . * graftons chroh . p. . . * that in the modus tenendi parl. touching the kings absence from the parliament , was grounded on this passage ; therefore writ after . (b) mat. paris p. , . mat. westm . an . hoved. annal . pars poster . p. . chron. gervasii col . , . antiq. eccles . brit. p. . radulf . de dicero imagines , hist . col . . fabian , holinshed , grafton , speed , daniel . (c) chronica gervasii , col . . (d) annal. pars posterior , p. . (e) roger de hoveden annal . pars post . p. . (f) hoveden p. . antiq. ecclesias brit. p. , . (g) hoveden annal. pars post . p. . (h) hoveden p. . (i) hoveden annal . pars poster . p. . to . mat. paris , p. . [k] hoveden p. . [l] chronica gervasii , col . . hoveden , p. . [m] hoveden p. . . . [n] annal. p. . * ch. . sect. . p. , . * ch. . sect. . * but no commons , of which he speaks not a word ; they having then no being or place in them ▪ * m. st. johns argument at law at straffords attainder . daltons office of sheriffs . * therefore their exclusion thence , is ex abysso nequiti● , from the abyss of injustice and iniquity . * nota. (z) judge huttons argume● of mr. hampdens case . p. , . daltons office of sherifs . mr. st. johns argument at law at straffords attainder , published by the commons special order , in which he at large asserts the kings and lords undoubted right to sit and judge in parliament , and that it is high treason to exclude them by force of arms. * h. . . brooke parliament cromptons jurisdiction of courts . f. . mr. hackwel of the manner of passing blls in parliament . * clause h. . m. . dors . in schedul● , cromptons jurisdiction of courts , f. . (b) instit . . p. . this is their only end , and trust , & none other , as the writ and its retorn attest ; not to imprison , destroy the king , realm , church , and parliament of england it self , and those very cities , burroughs which elected them , under pretext of a new government , and more equal representative , the very jesuits plot , and levellers design . * clause e. . m. . . . dors . . e. . part . m. . . e. . dors . claus . part . m. . . cromptons iurisdiction of courts . f. . † see the freeholders grand inquest , and my historical collection , where this is largely proved . * dyer . , . cook . report . f. , , . , . : rep. f. . . h. , . br. executors . . . . . * see my legal vindication against illegal taxes , p. . . . to . and this lilburn himself expresly asserts in part in his letter or epistle to the speaker mr. lenthal . june . . p. . . to . * cook . instit . c. , * see my irenarch . redivivus . * exact collection , p. . * exact collection , p. . * exact collection , p. , , . * exact collection , p. . , . , . , , . . . , . . . . . . , . , , . . , . , , . . , , . . , , . a collection of ordinances , p. , . , . . * a collection of ordinances , p. , . nota. (c) see innocency and truth justified , p. , . mr. edwards gangraena , part . p. . . where his words & contradictions in this kind are recited at large . * he did not then demur to their jurisdiction . * nota. (d) his letter to a friend : innocency and truth justified . h●s letters to the general . hen. martin and l. g. cromwel englands birthright . see mr. edw. gangraena , part . p. . to . * the same he asserts in his letter to the speaker , june . . and that the commons then sitting , without the king and lords were no parliament at all , and could make no acts , &c. see there p. . to . where he largely proves it . * seldens titles of honour , part . . ch . . p. , . , , , , , . * rot. claus . e. . in dors . * claus . an. e. . part . m. . dors . * mat. paris , p. . . . nota. * see their agreement of the people . (c) mr. seldens titles of honour , part . . ch . . sir edward cooks epistle to the report , and instit . p. . instit . p. . cambdens b●it . p. . spelmanni concil . tom. . my truth triumphing over falshood . p. to . stat. de e. . e. . lambards archaion . * e. . n. . , . e. . n. , . e. . n. . to . r. . n. . to . . , , . r. . c. , . r. . n. , . r . n. , . h. . n. . to . h. . n. . , , . h. . n. . (f) see the soveraign power of parliaments , part . . * e. . rot . ordinat . n. , , . e. . n. . . e. . n. , . . . r. n. . exact collection , p. . . † see the abridgement of the records of the tower , p. . . * see the abridgment of the records in the tower , p. . . . . . . . . . , . . . . . * see the freeholders grand inquest . † sir edw● cooks instit . p. . (g) see mat. paris , mat. westminster , walsingham , huntingdon , holinshed , polychronicon , caxton , grimston , stow , speed , trussel , baker , martin , daniel , how , and the soveraign power of parliaments and kingdoms , part . , , & . r. . c. , . r. . c. . to . 〈…〉 . h. . c. . for proof hereof . * mat. paris . historiar angl. tigur . . p. , , . * mr. tate , mr. ager , & others . * historia . angl. p. . † chronicon col . , . see holinshed , and speed. * or legem . * de gestis regum , l. . p. . * de gestis regum angliae , col . , . * col. . * richardus prior hagustaldensis de gestis regis stephani , col . , . mat. paris , p. . roger de hoveden . annal . pars prior . p. . hen. huntindon , hist . l. . p. , . fabian , holinshed , speed , grafton , anno . polychronicon , l. . c. . hen. de knyghton , de eventibus angliae , l. . c. , . * mat. west . mat. paris , hist angl. p. . to : daniel , p. . to . speed , p. . to . holinshed , grafton , fabian , and others . * mat. paris , p. , . liber rep. in scac. f. ▪ ▪ * mat. paris , p. . mat. westm . an. . p. . see daniel , holinshed , speed , grafton . † mat. paris , p. , . mat. west . p. . † mat. paris , p. . mat. west . p. . * mat. paris p. . mat. west . p. . * mat. paris p. , . * mat. paris , p. . mat. westm . p. . * mat. paris , p. , . . mat. westm . p. , . * mat : paris , p. . . mat. westm . an. . * mat. paris , p. , , . matth. westm . p. . mat. paris , p. . * mat. paris p. , * mat● paris , p. , , , . * mat. paris , p. . † mat. paris , p. , . mat. west . anno . p. . . † mat. paris p. . mat. westm . p. , . * mat. paris p. , to . mat. westm . p. . * may we not make the self-same demand and appeal now ? * mat. paris , p. , . mat. westm . p. . * walsingham ypodig . neustr . p. . † mat. paris , p. . * mat. paris , p. , . mat. westm . p. . * fitzh . nat. brevium , f. . a. * mat. paris , p. . mat. west . p. . * mat. paris , p. . mat. paris , p. . walsingham ypodig . p. * mat. westm . p. . * mat. paris , p. , . nota. * mat. paris , p. , , . mat. westm . p. . * mat. paris , p. , . mat. westm . . * mat. paris , p. , . nota. * rishanger , continuatio mat. paris , p. , . * tho. walsingham , hist . angliae , p. , , . ypodigmae neustriae , p. . , . * dicentes a conscientia sua non emanasse sine quorum assensu , tallagium non debet exigi vel imponi , mat. westm . an. . p. . * walsingham hist . angl. p. . . cook . iustir . p. . ypodigmae neustriae . p. . mat. west . an. . p. , . * walsingham hist . angl. p. . ypodigmae neustriae , p. . (i) hist . angl. p. . * ma● . west . flores hist . an. . p. . * chronicon willielmi thorn. col . . antiqu. eccles . brit. p. , . cambdens britannia , p. . godwins catalogue of bishops , p. . speeds history , p. , . sir john heywood in will. . lambard his perambulation of kent * gul. nub●igensis , rerum angl. l. . c. . chronicon johannis bromton , col . . antiqu. eccles . brit. p. . * mat. paris , mat. westm . wigorniensis , huntindon , hoveden , chronicon willielmi thorn , col . . hen. de knyghton de eventibus angliae , l. . c. . antiq. ecclesiae brit. & godwin in stigands life . * rerum angliae , hist . l. . c. . p. . * mat. paris , p. . (k) in his continuation of mat. paris , p. . & daniel , p. . (l) walsingkam , holinsh . daniel , speed stow , grafton fabian , baker . in ed. . (n) walsingham , trussle , fabian , holinshed , grafton , speed , stow. in r . * chronica joh. brompt . col . . sir john davis his irish reports . f. . usserius de statu . & successione ecclesiae , p. . cooks institut . p. . † mat. paris , hist . angl. p. . gervasii chron. col . . radulphus de diceto imagines histor . col . . * mat. westm . an. . p. . * mat. paris , p. ▪ to . * pag. . * pag. , . * mat. paris , p. . * mat. paris , p. , . nota. mat. paris , p. , . † mat. paris p. . † par. h. . ●or . . claus . h. . m. . † inst . p. . * mat. paris , p. , , . mat. westm . p. . * mat. westm . an. . p. , . * mat. paris , p. , . mat. westm . an. . * mat. paris p. , , . mat. west . an. . † ypodigmae neustriae , p. . * mat. westm . p. . * mat. paris , p. , , , , , . mat. westm . an. . p. , . &c. * mat. westm ▪ p. , * mat. paris , p. . * mat. westm . an. . p. . * mat. paris , p. . * mat. paris , p. . * mat. paris , p. , , , . mat. westm . p. , , . * mat. westm . p. . * mat. westm . p. . * walsingham hist . angl. p. . to . ypodig . neustriae , p. . to . mat. westm . p. , . * institutes , p. . nota. * mat. westm . p. , . * tho. walsingham , hist . angl. p. . * walsingham hist . angl. p. , , &c. * see an exact abridgement of the records in the tower , p. , . , , . * which some have disclaimed by unpeering themselves . * stiled magna farta , by some grandees . * see my new discovery of free-state tyranny . * see the whitehall ordinance for excise , march . . & others since . * my first part of a legal vindication , &c. of the fundamental laws of england , p. . to . my protestation against excise . * see my speech in parliament , and epistle to my legal vindication , &c. † mat. westm . p. . walsingham , ypodigmae neustriae , p. , . * anno . p. . (o) see mr. seldens titles of honour , part. . chap. . and coke instit . p. . * h. . . cook report , f. , . (p) coke inst . p. . * as both houses resolve in their declaration of august , . exact . collection , p. . * modus tenendi parliament . vowel , coxe . inst . c. . * r. . c. . h. . c. . h. c. . h. . c. . h. . c. . e. . m. . r. . n. . † mr. seldens titles of honour part . . ch . . p. . to . † exact collection , p. , , . object . answer . * cook instit . p. . seldens titles of honour , p. , , , . . . , , . * seldens titles of honour part . c. . p. , . , , , , . † claus . r. . mem . . dorso . seldens titles of honor , p. . cook instit . p. . * exact collection , p. , . * exact collection , p. . . † stat. of ma●lbridge , h. . prologue . h. . c. . * cokes . institutes , p. . * cokes instit . p. , . , . * fol. . b. . b. * plowden , f. , , dyer . a. e. . , . . . aff. . coke report . f. . . rep. f. , . rep. f. . . ashes table , grant le roy . * titles of honour , lib. . p. , , , , , , . * inst . f. . . † ro. pa● . . e. . part . . m. . see rot. claus . in dors . . e. . part . m. . religious qui teignunt per barony sont tenus de venier au parliament vid. ibid. e. . part . m. . & . * modus tenendi parl. c. . * dors . claus . h. . m. . seldens titles of honour , p. . (p) pat. . h. . part . m. seldens title of honour , p. , . sir edward cook inst . p. . * see cooks inst . p. . abbot banhams case . * titles of honour , , , , . * pat. e. . part . m. . seldens titles of honour , p. , . † selden , ib. p. . * titles of honour , p. . * claus . h. . m. dors . in schedula . seldens titles of honour , p. , . ( ) titles of honour , p. . to . ( ) claus . e. . m. . seldens titles of honor , p. . . ( ) titles of honour , p. . ( ) see an exact abridgment of the records in the tower , and my first table thereunto . * and john de leyburn , ●m . . . & . e. . * chron. joh. bromton , col . . mat. paris , p. , . hen. de knyghton de eventibus angl. l. . c. . walsingham hist . angl. p. , , . to . . , . . . to . * ypodigmae neustriae , p. . * walsingham hist . angl. p. . ( ) claus . e. . m. . dorso . ( ) claus . . e. . m. . dorso . (a) h. . . m. h. . , h. . . a. h. . . a. h. . . br. parliament . h. . b. dyer , f. . st. germin , l. . c. . plowden , f. . , . & . cook rep. f. . report in the epistle , institute , f. , . . instit . c. . cromptons jurisdiction of courts , f. , . ashes tables parliament , sect . . cowels interpreter , minshawes dictionary , tit . parliament , sir thomas smith , de republica angl. l. . c. , . vowel , cambdens britannia , justice doderidge , mr. tate , mr. agar . (b) my historical collection of the antient parliaments of england , and . & . part of my legal vindication , and historical collection of the fundamental laws of england . (c) chron. vol. . p. . (d) hist . of great britain p. . (e) hist . novor . l. . p. . (f) annal. pars prior , p. ▪ (g) mat. par. anno . p. . mat. westm . p. . (h) de gest . reg. angl. col . . (i) col. . * mat. paris anno . p. . hen. huntindon , hist . l. . p. . antiq . eccles . brit. p. , . radulph . de diceto . anno . col . , . gervasius actus pontif. cantuar. col . . thomas stubs actus pontif. eboracensium , col . . henry de knighton de event . angl. l. . c. . col . . will. malmsbury de gestis pontif . l. . p. . * eadmerus , l , . p. , . (k) mat. paris , p. , . eadmerus , hist . novor . l. . chron. johan . bromton , col . , . malmsbury de gest . regum , l. . p. . see holinshed , speed , daniel . (l) simeon dunelmensis , col . . chronicon johannis bromton , col . . hovede● , annal . pars . p. . (m) eadmerus hist . novorum , l. . page , , . (n) eadmerus l. . p. , . will. malmsburiensis de gestis pontif. l. . p. , . (o) mat. paris p. . chronicon johan . bromton , col . . (p) matth. westm . mat. paris , hoveden , huntindon , simeon dunelmensis , chronicon johan . bromton , an . . henry de knyghton de eventib. angl. l. . c. . (q) eadmerus , hist . novorum , l. . p. , . malmsburien . de gestis pontif. l. . p. . (r) eadmerus l. . p. . (ſ) eadmerus , l. . p. . wi●l . malmsbury de gestis pontif. angl. l. . p. . hoveden an. . p. . mat. par. p. . matthew westm . p. . simeon dunelm . hist . col . , . abbrev. chron. col . . chron. johan . bromton , col . . antiquitates eccles . brit. p. , . seldens titles of honour , p. . (t) eadmerus hist . nov. l. . p. , . wil. malmsbury de gest●s pontif . l. . p. . antiq. eccles . b●it . p. , . godwins cat. of bishops in the life of anselm . radulph . de diceto col . chron. gervasii col . , . chron. jo. bromton . col . . hoveden annal pars . p. . (u) mat. westm . anno . p. . mat. paris , p. . chron. gervasiii col . . eadmerus l. . p. . (x) mat. par. p. . mat. westminster , hoveden , simeon dunelmensis . (y) de event . angl. l. . c. . col . . (z) eadmerus l. . p. . (a) eadmerus l. . , . mat. westm . p. , . mat. paris , p. . hoveden an. p. . simeon dunelm . hist . col . . radulph . de diceto abbrev. chron. col . . antiq . eccl. brit. p. , . godw. in the life of anselm . (b) eadmerus l. . p. . simeon dunelm . col . . hoveden , p. . (c) eadmerus l. . p. , , . antiqu . eccles . brit. p. , , . * eadmerus , l. . p. , . nota. * eligat . (d) eadmerus l. . p. , . . (e) eadmerus l. . p. , , . (f) eadmerus l. . p. . (g) eadmerus l. . p. . (h) eadmerus l. . p. , . (i) see the antiquity of the parliaments of england , p. , , , . (k) in his britannia , p. , . (l) the antiquity of the parliaments of england , p. , , . (m) posthuma , p. , , . (n) titles of honour , p. , , . (o) chronicle vol. . p. , . (p) history of great britain , p. , ▪ (q) my levellers levelled , and preface to an exact abridgement of the records of the tower. (r) see my catalogue of the speakers in my table to an exact abridgement , &c. p. . . (s) see my table of speakers , an title parliament , speaker , commons to the exact abridgeme● of the records of t● tower , an● p. , , , ▪ , , , , (t) r. . ●o● . parl. n. . . r. . n. , . r . n. . (u) e. . n. . e. . n. . ● . r. . n. . . r. . n. , . h . pl. co●ae , n. . . h. . n. . ● . (x) r. . ● . (y) co●ks li●stir . p. , ● , . (z) see an exact abridgment of the records in the tower , p. . (a) henry de knyghton , de event . angl. l. . c. . . polychron . l. . c. : exilium hugonis , in totles magna charta , f. . &c. claus . e. . dors . . (b) totle , f. , . (c) e. . dors . . * historiae angliae , p. , . ypodig . neustriae , p. . * historiae angliae , p. , . ypodig . neustriae , p. . nota. (e) claus . e. . m. , . & dors . . . claus . e. . m. . r. . rot . parl. m. . to . see holinshed , fabian , polychronicon . (f) hist . angl. p. , . ypodigm . neustriae , p. . * walsingham hist . angl. p. ● . * an abridgement of the records , p. , , . , , , , , , . (g) cooks . instit p. , , . nota. * see straffords tryal . * see my canterburies doom . (a) galfridus monum : hist . l. . porticus verunnius , hist . brit. l. . mat. westm . flores hist . p. , . fabian , holinshed , grafton . (b) will. malmsburiensis de gestis pontif. angl. l. . p. . to . chron. johan . bromton , col . . to . mat. westm . anno . . fox acts and mon. vol. . p. , . stubs and godwin in wilfrids life . (c) willelm . malmburiensis de gestis reg. angl. l. ● ▪ c. , p. . spelmanni concil . p. , . speed p. . (d) mat. west . sim. dunelm . florent . wigorn . hoveden , bromton . an . . ▪ , . malmsb. de gestis regum l. . c. . (b) malmsb. de gest . reg. l. . c. c. . fl. wigor . p. . mat. westm . p. . hoveden , p. . (c) aethelredus abbas de geneal . regum angl. col . , . flor. wigorniensis , p. ▪ . simeon dunelmensis , col . , . hoveden , p. . hen. de knyghton de eventibus angl. l. . c. . polychron . l. . c. . hen. huntindon , hist . l. . p. . (d) col. , . (e) part. . (f) titles of honor , part . , ch . . sect. . p. . (f) see the . part of my seasonable legal and historical vindication , &c. p. . to . (g) malmsb. de gestis regum , l. . c. . mat. westm . wigorniensis , hoveden , bromton , an . . huntindon hist . l. . p. , holinshed , grafton , fabian , speed. (h) henry huntindon hist . l. . p. . polychron . l. . c. chron. johan . bromton , col . . (i) hen. de knyghton , de event . angl. l. . c. . willelmus malmsburiensis , de gestis regum , l. . c. . (k) ingulphi hist . p. . wigorniensis , simeon dunelmensis hoveden , anno , . * hoveden , annal. pars prior , p. , . simeon dunelmensis , col . , . florent . wigorniensis , huntindon , bromton , holinshed , speed , daniel and others , anno , . (k) florentius wigorniensis , mat. westm . mat. paris , bromton , simeon dunelmensis , hoveden and others , anno . (l) florentius wigorniensis , anno , p. , . mat. paris , hoveden , huntindon , simeon dunelmensis bromton . (m) eadmerus hist . nov. l. . p. . to . antiquitates eccles . brit. p. , . gul. malmesbury de gestis pontif. angl. l. . p. to , speeds history , p. , , : holinshed , vol. . p. , to . * l. . p. . &c. (n) th. walsingham ypodigmae neustriae , p. , . (o) chron. jo. bromton , col . . hen. huntind . hist . l. . p. . mat. paris , p. , . will. malmesb. de gestis pontif. angl. l. . p. , . hen. de knyghton de event . angl. l. . c. . polychr . l. . c. . godwins catalogue of bishops , p. , , . roger de hoveden annal . pars prior , p. . (p) eadmerus hist . nov. l. . p. . wil. malmesbury de gestis pontif . l. . p. . antiqu. eccles . brit. p. , . mat. westm . mat. paris , hoveden , bromton , an. . simeon dunelm . col . , . radulph . de diceto , col . . bromton , col . . * eadmerus l. . p. &c. antiq. eccles . brit. p. , . see here p. , . ● * henry de knyghton , de event . angl. l. . c. . col . . here p. . (q) will. malmesbury historiae novel . l. . p. , , . godwins catalogue of bishops , p. , , , . holinshed , p. , . (r) chronicon gervasii , col . . gul. nub●igen . l. . c. . matth. westm . anno . gervas . dorobern . act. pontif. cant. col . . antiq. eccles . brit. p. . godwins catal. of bishops , p. , . holinshed vol. . p. , . speeds history , p. . (ſ) neubrigensis hist . l. . c. . (t) chronicon gervasii , col . , , roger hoveden , annal . pars posterior , p. . to . mat. paris , p. . to . mat. westm . bromton , ann . &c. antiqui . eccles . brit. p. . to . godwins catalogue of bishops , p. ▪ to . fox acts and monum . p. . to . speeds history , p. . &c. holinshed , p. . to . * an abridgement of the records in the tower , p. . seld●ns titles of honour , part p. . r. . rot. parl. p. . m. . rot . . * canon episcopalis tractatus de institutione episcopi bibl. patrum , tom. . pars . p. . . * osea . . * gen. . . * reg. . . * johan . . . * annalium pars posterior p. , . * al. ●ram et indignationē . quam , (d) stephanides de vita & passione tho : cant. mr. seldens titles of honor , part . c. . p. , . * chronicon gervasiii col . . (e) chroniea gervasii , col . . to . (g) gul. nub●igensis rerum angl. l. . c. , , . hoveden , annal . pars posterior , p. . . to . mat. paris , p. . to . holinshed , p. . to . speed , p. . &c. godwins catal. of bishops , p. . to . fox acts and monuments , p. . , . mat. westm . anno . (h) annal. pars posterior , p. , , . (i) hoveden ibid. mat. paris hist . angl. p. , . (k) hoveden p. , , . nota. * hoveden , p. . (l) rerum● anglicarum l. . c. . * omnes magnates regni convenerunt in unum , & juraverunt fidelitatem & fidele servitium richardo regi angliae , & haeredi suo contra omnes homines , roger de hoveden , annal. pars posterior . page , . (m) roger de hoveden , annal . pars posterior , p. , , . mat. westm . mat. paris , anno , & . (n) annal. pars posterior . p. , . seldens titles of honor , par . . ●h . . p. . (o) hoveden , p. . (p) mat. paris p. . (q) mat. paris hist . angl. p. . see seldens titles of honor , part . . c. . p. . * see claus . h. . m. . the barons of the marches of wales summoned to put in their sons for hostages to the king. (r) mat. paris , p. , . . to . mat. westm . an . . * of the lords who appeared . nota. * mat. patis , p. , . nota (s) mat. paris p. . * mar. west . p. (x) mat. paris p. . (y) mat. paris p. , . mat. westm . p. , . (z) walsingham ypodig . neustriae , an. . p. , . mar. west . p. . mat. paris , p. . (a) mat. paris p. . * mat. westm . anno , p. , . * ma● . west . p. , to . mat. pa ▪ p. , , , &c. * mat. westm . p. . mat. paris p. , . (b) mat. west . an. , p. . mat. paris , p. . walsing-ypodigm . neustriae , an. . see holinshed , fabian , daniel , speed , grafton , an. h. . hen. de knighton de eventibus angliae . (c) dorso claus . . h. . m. . in schedula . seldens titles of honour , p. , , (d) selden● titles of honour p. ● . . (e) paten● . e. . part ▪ . m. . sel● titles of honour , p. . . (f) mat. west . an . . p. ● , . (g) mat. west . ibidem . * dictum de kenelworth . (h) claus . e. . m. . . dorso : plac . parl. . e. . pla ▪ : (i) walsingh . ypodigma● neustriae , p. ● mat. west . an . p. . (k) tho. walsingham , hist . angl p , , . ypodigmae neustriae , p. , . mat. westm . anno , . p. . . antiq. eccles . brit. p. . to . godwins catalogue of bishops , p. . fox acts & monum . p. , . holinshed , p. , . (l) defence of the apolog. pr. . c. . p. , . (m) jurisdiction of courts f. . (n) true difference between christian subjection , and unchristian rebellion , part . . p. . see my antipathy of the english lordly prelacy to unity and monarchy , part . p. . part . . . (o) mat. west . p. . thom. walsingham , ypodigm . neustriae , p. , . hist . angliae , p. , , . to . see holinshed , giaf●on , stow , speed , daniel , sir richard baker , and others in edward s. henry de knyghton , de eventibus angliae , l. . c. , ▪ * claus . e. . m. . (p) ypodigma neustriae , p. , . [x] exilium hugonis le dispenser e. . totles magna charta , f. , , . walsingham hist . angl. p. , . henry de knyghton de event . angl. l. . c. . col . . (h) henry de knyghton de event . angl. l. . c. . col . . walsingham h●st . angliae , p. . . ypodigma neustriae , p. . claus . e. . m. . dorso . (g) cottoni posthuma , p. . (k) e. . rot . parl. n. , . . cooks . inst . p. . (i) see hen. de knyghton , de event . angl. l. . c . col . . walsingham hist . angl. p. . (m) an exact abridge-of the records , p. . . * walsingham ypodig . neustriaet p. , . hist . angliae , p. . . e. . rot . parl. n. . * de event . angl. l. . c. . col . . , &c. * e. . n. . e. . n. , * de winchester . (n) an exact abridgemen . p , . (a) an exact abridgement of the records of the tower , p. , . (b) an exact abridgement , p. . (c) an exact abridgement , p. . (d) an exact abridgement , p. , , . walsingham , hist . angl. p. , . (d) walsing . hist . angliae , p. . (f) walsingh . hist . angliae , p. , . ypodigma neustr . p. . * an exact abridgement , p , . (g) an exact abridgement p. , . (i) de eventibus angliae , l. . c. to . col . . to . (i) ypodigm . neustriae . p. . hist . ang. p. , , . (k) an exact abridgement , p. , . (l) holinshed , trussel , graft . stow , speed , baker . (m) exact abridgement , &c. p. , , . (n) exact abridgement p. . (o) exact abridgement . p. . (o) walsingham ypodig . p. . hist . angl. p. ● , ● . (p) an exact abridgement , p. , , . placita coronae eoram domino rege in parliamento suo , &c. anno r. . n. . to . (q) walsingham , hist . angliae , p. , . ypodig . neustriae p. , . (r) an exact abridgement , p. , , . (ſ) an exact abridgement , p. , . * cook instit . p. . &c. exact abridgment , p , . (t) exact abridgement , p. . (t) exact abridgement , p. . * exact abridgement , p. , , , . (x) exact abridgement . p. . (y) exact abridgement , p. , , , . (z) an exact abridgement , p. , , , , . (a) cooks institutes , p. . institutes , p. . (b) see my hidden works of darkness brought to publike light . (b) see this impeachment and trial. mr. john pyms speech , and mr. oliver st. johns argument at law , at his trial and concerning his bill of attainder , april . (c) see mr. pyms speech , feb. . . & my canterburies doom , p. , , , . , , &c. (d) see my antipathy of the english lordly prelacy to regal monarchy , &c p. , , , , &c. (e) an exact abridgement , p. , . (f) page , , , , , . (g) here , p. , , , . (ſ) see modus tenendi parliamentum vowel , cowel , crompton , sir thomas smith , coke , & others , e. . n. . e. . n. . r. . n. , . r. . n. . r. . pt . . n. . h. . n. , , . h. . n. . * h. . n. . see the freeholders grand inquest , p. . cokes instit . c. , , , , , , . * an exact abridgment , p. . . * r. . par . . n. . r. . n. , . * littleton , sect . ● . coke ibid. e. . . h. . . h. . r. . . h. , . bro. challeng . , , . (t) cokes . instit . p. . * e. . n. . to . r. . n. , , . h . n. , to . h. . n. , . h. . n. . * e. . c. . r. . c. . r. . c. . h. . c. . r. . c. . r. . c. . (u) coke instit . p. . * see an exact abridgement of the records of the tower , & the table to to it . tit. commons , lords , parliaments petitions , cooks . inst . p. . * see here , p. , . * exact abridgement , p. . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . (a) cooks instit . f. a. (b) cooks instit . p. . (c) walsingham ypodig . neustr . p. , . here , p. . (d) mat. paris , hist . angl. p. . (e) rerum anglic. hist . l. . c. . see my sword of christian magistracy supported , p. , . (f) mat. paris p. , , , . mat. westm . ann. . p. , . * querelas . (g) mat. par. p. , , , . (f) mat. west . anno , p. . mat. paris p. . (k) walsingh . ypodig . neust . p. . hist . angl. p. . parl. e. . f. . cooks . instit . p. . holinshed , p. , . (l) see an exact abridgment of the records in tower , title , petitions , commons , parliment , in the table , & petitions of the commons in the abridgment it self . ( ) walsingham , ypodig . neustr . p. . ( ) polychro : l. . c. . f. . henry de knyghton , de event , angliae l. . c. . col . . * placita parl. an. edw. . in the parchment bnok in the tower , f. . b. , . * instit . p. . † the earl of kent , king edwards brother . † cook instit , p. . † magn. char. c. ● . e. . c. . . e. . c . e. . c. . e. . c . cook instit . p. , . ( ) exact abridgement , p. . (m) exact abridgement , p . (n) rot. par● ▪ e. . pars - . m. . dors . rot. pat. e. . part . . m. . cooks inst . p. , . mr. s. ● . argument against the shipmony iudges , p. , , . (o) exact abridgement , p. . (t) exact abridgement , p. . (u) exact abridgement , p. . henry de knyghton , de event . angl. l. . col . . (x) exact abridgement . p. , . (y) exact abridgement , p. . (y) exact abridgement , p. . (e) an exact abridgement , p. , . and my doom of cowardise and treachery , p. , , , . ( ) an exact abridgment , p. . . ( ) walsingh . hist . angliae , p. , , . ypodig . neust . p. . ( ) an exact abridgement , p. , . walsingham , hist . angliae , p. , . ( ) see an exact abridgment , p. . . ( ) hist . angliae , p. . ( ) walsingh . hist . angl. p . ( ) an exact abridgement , p. , , . see nay doom of cowardise , p. , . walsingham , hist . angl. p. ● . ( ) walsingham , hist . angl. p. . ( ) an exact abridgement , p. , . ( ) an exact abridgement , p. . ( ) henry de knyghton , de eventib. angliae , l. . col . . to . walsingham , hist ▪ angl. p. , , . ypodig . neustr . p. , . (m) exact abridgement , p. , . (n) exact abridgement , p. , . (o) exact abridgement , p. , , ● , cooks inwit . p. . (p) exact abridgement , p. , . (q) exact abridgement , p. , , . * exact col. p. . * see here , p. , . rot. parl. h. . n. . * h. . n. . * h. . rot . parl. n. . * exact abridgement , p. , . * see this case abridg'd in an exact abridgement , p. . (z) fox acts & monum . vol. . p. . fitz. natur. brev. f. . my sword of christian magistracy supported , p. , . an exact abridgement , p. . (a) an exact abridgement , p. . (b) walsingh . hist . angl. p. , . (c) an exact abridgment p. . (c) walsingham hist . p● , , . see holinshed grafton , speed. (e) an exact abridgment , p. , . (f) an exact abridgment , p. . (g) an exact abridgment , p. , . wa●singham , ypodig . p. to . fox acts & mon. vol. . p. . to . (h) an exact abridgment , p. . (i) an exact abridgment , p. , , , , , . (k) cooks inst● . p. . (l) see the lords and commons journals , diurnal occurrences , p. , . , , , to . mr. st. johns speech and declaration against them at a conference of both houses . the speeches of mr. hide , mr. waller , mr. perpoint , mr. hollis at their impeachments . the part of my legal and historical vindication , &c. p. ▪ . (m) see here , p. , . (n) cooks instit . p. . (o) see brook & ashes tables , tit. contempts ; fines pur contempt & imprisonment (p) in cottoni posthuma , p. . (q) hist . angl. p. , . (r) ma● . paris auctuarium additamentorum londini , . p. . (ſ) page . ( ) an exact abridgement of the records in tower , p. ▪ . (u) pag. * see the free-holders grand inquest , p. , , . * see the freeholders grand inquest p. , , , . † inst . p. . inst . p. . & . † flores hist . pars . anno . p. , . * offerentibus † the first writ of summons now extant is but in h. . seld. titles of honour , patt . c. . (e) cook inst . p. . cottoni posthuma , p. . sir robert cottons posthuma p. , , (m) walsingham hist . angl. p. . to . ypopig . an. , . antiq. eccles . brit. p. , . godwins catalogue of bishops , p. , . fox acts and monuments , p. , p. , . and speeds hist . p. , . , , . see my antipathy of the english lordly prelates , &c. p. , , , , , . * claus . e. . m. . cottoni posthuma , p. . the freeholders grand inquest p. , , . (n) see the freeholders grand inquest , p. , , . (o) cooks . instit . p. . cottoni posthuma , p. . (p) cooks . instit . p. . sir robert cottons posthuma , p. . (q) cooks . instit . c. . p. . mr. sr , johns argument sat law , at the earl of straffords attainder , p. , . walsingham , hist . angliae , p. . ypodigm . p. . an exact abridgement , p. . * see my ardua regni . ( ) polydor virgil , holinshed , speed , sir walter raleigh his prerogative of parl. p , . the freeholders grand ●nquest , & others forecited , p. . ( ) claus . joh. reg. pars . m. ● . dorso . seldens titles of honor , p. . ( ) claus . h. . m. . dorso in schedula . seldens titles of honor , p. , . , . * esquires , e. . . a. e. . . fitz droit . * esquires . instit . p. , . historiae ang. p. . ▪ inst . p. . see my ●renarches redivivus , and table to an exact abridgment , tit. parliament & ordinance ▪ cooks inst . p. , , , , , , , , , . hist . angliae , p. . ( ) claus . . r. . m. . dorso . ( ) claus . r. . m. . dorso . ( ) an exact abridgement , p. , . * an exact abridgement , p. . see my ardua regni . ( ) exact abridgement , p. · see here , p. . ( ) an exact abridgement , p. , . ( ) an exact abridgement , p. . (h) see cook , instit . p. . the freeholders grand inquest , p. , . (i) inst . p. . (k) see my table of speakers to an exact abridgement & title , parliment and commons . * rot. parl. and h. . n. , . (m) exact collection , p. . (n) exact collect . p. , , , , , . (o) see & h. . n. , . (p) see dyer f. . a. (q) rot. parl. h. . n. . an exact abridgement , p. . see the freeholders grand inquest p. , . (r) inst . p. . (ſ) exact abridgement , p. . (u) exact abridgement , p. . ( ) an exact abridgment , p. ● . ( ) an exact abridgment , p . ( ) an exact abridgment , p. . ( ) cook instit . p. . toucheth it : ●ut cites nor the record at large . an exact abridgement , p. . † upon this ground r. . n. . . . r. . n. . . r. . n. . r. . n. . . . r. . n. . r. . n. . we find the commons & parliament very zealous to maintain the common law ; and referring causes & petitions to it when proper for it , and improper for the parliament . ( ) exact abridgement , p. . † exact abridgement , p. . ( ) exact abridgement , p. . * an exact abridgement , p. . ( ) holinsh . chronicle , p. . ( ) crompt . jurisdiction of courts , f. , , . ( ) see the freeholders grand inquest p. , . ( ) jurisdiction of courts , london ▪ f. . b. ( ) pasch . & . h. . dyer , f. , . ( ) cooks instit . p. , , . ( ) see the iournal , & the freeholders grand inquest , p. , . ( ) see the freeholders grand inquest , p. , . ( ) see the freeholders ▪ grand inquest p ▪ , . ( ) see the freeholders grand inquest , p. . * instit . p. . . ( ) see the freeholders grand inquest , p. , * cook instit . p. . * see an exact collection of ordinances , p. , , , to . * see my epististle to my speech in parliament , decemb. . . the part of the history of independency . † see their declarations and knacks of and martii . & jan. . . † see their declarations concerning the grounds of their dissolutions , aug. . . and since . † the declaration of the general and officers of the army , aug. . . p. , , . a true state of the common-wealth of england , &c. p. , , , . . &c. † see my epistle to my speech in parliament . * an exact collection , p. , , . † exact collect . p. , , . objection answer † here p. . &c. ( ) dyer . cook instit . on magna charta , c. . . see cook instit . p. , , , , . * e. . . br. exempt . . fitz. n. brev. f. . e. ( ) see his innocency & truth justified . † see brook and ashe , amerciament & fine for contempts . ( ) cook . instit . p. . (d) and my lords , i tell you to your faces , that by right the house of commons are your judges in this case , as well as mine . an anatomy of the lords tyranny and injustice , p. . objection . answer . † e. . n. . to . e. . . b. h. . a. cook . instit . p. , . e. . n. . brook , cromptons jurisdiction of parl. and all statutes for repealing former parliaments , acts , judgements , or attainders . ( ) luk. . pet. . . heb. . , , . ( ) pet. . . to . c. . . isay . ( ) psal . ● , & . & . * which to deprive them of must be an act of the highest injustice and unrighteousness that may be excluding the actors thereof both from the reallity of christians & heaven it self mich. . , , , &c. cor. . , . rom. . . to . isa . . . † prov. . , . dan. . , . rom. . . to . . col. . , , . hph. . . acts , , , . tit. . . tim. , , , . pet. . , . gen. . . . c. . . c. . . to . deut. , , . sam. . . to . chron. . ● . . chron. . . . c. . . c. . . (i) gen . . exod. . . eph. . . to . c. . . to . rom . , , . tit. . . col. , , . pet. . , , . c. . . heb. . . josh . . , , . mat. . . † specially promised by god as a blessing to his people , gen. . , . c. . . ier. . , . c. . . chron. . , , . c. , . (k) see seldens titles of honour , dr. humphreys and others of nobility . catanaeus catologus gloriae mundi de potestate concessa dominis de consilio regis ad audiend . et terminand . petitiones in parliamento minime determinat . † exact abridgement , p. , , . . (a) galfridus monumetensis , hist . regum . brit. l. . c. . to . mat. westm . flores hist . an. . speeds , hist . p. . (b) evidentiae eccles . can● . col. . (c) evidenti● eccles . cant. col· , . spelmanni concil . p ●● , . (d) act● pontif . cant. col. . (e) mat. westminster anno ● . wil. malmesburi de gestis pontif. l. . c. . spelmanni . concil . p. to . antiqu. eccles . brit. p. . to . (f) evidentiae eccles . christi cantuar. col. , . spelmanni conc. p. , , . (g) ingulphi historia p. , , to . spelman . concil . p. , &c. (h) ingulphi hist . p. . malmesb. de gestis regum l. . c. . . mat. westm . wigorniensis hunrondin , houeden , fox . acts & monuments , vol. . p. , , . the third part of my seasonable and legal vindication , p. , to . (i) seldens titles of honour , part . . c. . p. . (k) co●roni pesthuma . p. . (l) florentius wigorniensis , p. ● . houeden , p . mat. west . (m) florentius wigorniensis , anno . p. , , , . radulfus de diceto . abbrevi . chron. col . , . sim. du●elmensis , de gestis reg. ang. col . , . mat. paris anno . p. gudwin in the life of ulstan . (n) eadme●us hist . nou. l. . p. . seldens titles of honour , p. . antiquitates ecclesiae , brit. p. . wil. malmesbury de gestis pont. angl. l. . p. . (o) actus pontif . cantuar. col. . (p) hist . noverimus , l. . p , . (q) wil. malmesburiensis de gestis pontif. l. . in la franco antiqu . eccl. brit. p. ● , . (r) eadmerus hist . nov. l. . p. . sim dunelm . de gest . reg. angl. col. . (ſ) eadmerus hist . nov. l. . p. , . (t) eadmerus l. . p. , , . (u) eadmerus l. . p. . (x) mat. paris hist . angl. p. . gul. neubrigensis , l. . c. . houeden . annal. part . . p. . mat. westm . p. . chron. gervasis , col. , . sim dunelmensis , hist . col. . chron. iohannis bromton , col. , . see polychronicon , fabian , caxton holinshed , grafton , speed. baker in the life of king stephen . (y) roger de houeden annal. pars posterior p. , . (z) houeden annal. part . poster . p. ● * roger de houeden annal. pars p●st●r . p. , to . mat. paris . p. ● . mr. seldens titles of honour , p. . (a) chronicon johannis bromton , col. . gul. neubrigensis , hist . angl. l. . c. . see d●niel and holinshed . (b) annalium pars posterior p. seldens titles of honour , p. . (c) mat. paris . p. , . (d) mat. paris . p. . . (f) an exact abridgement . p. . (h) an exact abridgement . p. , , . to . to walsingham . hist . angl. p. . (i) an exact abridgement . p. . (k) an exact abridgement . p. ▪ (l) an exact abridgemen● , p. . (m) an exact abridgement . p. . (n) an exact abridgement . p. , . (o) an exact abridgement , p. . (p) an exact abridgement . p. , , (a) cottoni posthuma . p. . (b) walsingham . hist . angl. p. , to . fabian , holinshed . grafton , speed. baker in ed. . (d) polychron , l. . c. (e) de event . angl. l. . c. . col . , . * walsingham h●st . angl. p. . to . hall , fabian , holinshed , grafton , stow , speed , baker , trussel , henry de knyghton , and others . (f) hist . angl. p. . nota. nota. nota. de sausement garder richard nadgairs rey. * walsingham . hist . angl. anno . p. . graftons chronicle . p. , , . holinshed . p. . sect. . p. . speed. p. , . godwins catalogue of bishops , p. , . (g) cortoni posthuma , p. . (h) regal tyranny discovered , p. , , . john melton answer to salmasius , mr. bradshaw & others . * mat. paris , p. . here. p. . (i) bracton , lib. . c. . lib. , cap. . fleta , lib. . cap. . edw. . . fitz. corone . edw. . . b. dyer . stamford , lib. . cap. . f. . (k) spelmanni concilia , tom. . p. * here , p. . * here , p. . to . † glanvil , l. . c. . lit. l. . c. . cooks instit . f. , . † si rex imperium abdicavit , aut manifestè habet pro derelicto , in eum post id tempus omnia licent quae in privatum . hugo grotius , de jure belli & pacis , l. . c. . sect. . † see here , p. . † de jure belli . l. . c. . † epist . dedicatoria , prefixed to his chronicon . (m) see the . part of the history of independency : where it is inserted . † samuelis bocharti epistola , p. . halls chron. fol. . (n) see an exact abridgment , p. . declaratio tituli regii & restitutio ad eundem . nota. n. · † nota nota. † nota. † nota. † nota. nota. n. . † nota. n. . † nota. † nota. n. . n. . respons . (o) henry de knyghton , de event . angl. l. . c. . col . , , . (p) see sir tho. moor , hall holinshed , grafton , speed , baker , in r. . an exact abridgment , p. , , , &c. (q) see hall , grafton , speed , holinshed , sir francis bacon , in his life ▪ ( ) instit . f. . † see h. . c. . ( ) see an exact abridgment , p. , , , , , , , , , . the history of independency , part. . ( ) hist . angl. l. . c. . p. , . † kings . . ( ) see fortesc●e , de laudibus legum angliae . ( ) de legibus , p. . ( ) de inventio : p. . ( ) see cooks report . s . . * see brooke , fitzherbert , statham , ash , & rastals abridgments , title , disseisin , abatement , forcible entries , assize , imprisonment , intrusion , &c. ( ) e. . n. , . ja● . c. . cook rep. f. , . calvins case , & fol. , . cooks instit . f. . ( ) mat. west . an. . p. , . see walsingham , holinshed , daniel , speed grafton , baker , an. e. . ( ) praerog . regis , c. . . stamf. prerog . c. . f. . c. f. . see all the books cited in ashes tables , tit. intrusion , praerogative . britton , f. littleton sect . . cooks instit . f. . cook rep. f. . * kings . . (c) mat. west . an. . to . see holinshed , grafton , speed , & others in their lives . galfridus monumetensis , & ponticus verunnius : hist . l. , , . † see hoveden , nubrigensis , mat. paris , mat. westminster , bromton , daniel , holinshed , polychronicon , fabian , baker stow , speed , in the life of king stephen , and henry . (d) gulielmus nubrigensis , lib. . cap. . chronicon johan . bromton , col . . (e) mat. west . mat. paris , an. . polychronicon , fabian , daniel , holinshed , grafton , speed , in k. john , & h. . (f) mat. paris . p. . (g) mat. paris , p. . mat. west . p. . (h) see an exact collection , p. , , , , &c. (a) plutarchi poplicola , bodins commonwealth , l. . c. . cicero orat. pro t. ann : milone . aquinas de regimine principum , l. . c. . dist . artic . . qu. . . m. emanuel sa. aphorism , verb. tyrannus ▪ mariana de rege & regum instit . l. . c. , , , . buchanan de jure regni apud scotos : & rerum scot. hist . junius brutus vindiciae contra tyrannos , quaest . , . grotius de jure belli , l. . c. . (b) regal tyranny discovered : killing no murder . (c) littleton , sect . , &c. & cook , ibid. (d) lit. sect . , , , . cooks instit . f. . ● . h. . . b. (e) see here , p. , . , . , , , . (f) spelman . concil . p. . . * bromton , chron. col . . . (g) rastals abridgment , tit. treason , see crookes reports , p. , to . . (h) kings chron. . (i) kings . . to . c. . . to . kings . (k) su●ius concil . tom. . p. , , . (l) kings . . mat. . , , , . (m) chytraei chron. l. . sleidans com. l. . . (n) an exact abridgement , p. ▪ , . (o) see here , p. , , . (p) graftons chronicle , p. . hall , holinshed , speed , and others in his life . (i) instit . p. . (k) fox acts & monuments , vol. . p. . to . holinshed , grafton , speed , how , stow , baker , sir john heyward , and others , in edward the . & mariae . * inferre vim , eorum est , qui vires , habent absque consilio : praeterea si quis violenter audeat agere , non paucis egebit sociis , qui vero persuader● potest , nullis . xenophon memorabilium , l. . p. . * fox acts & mon. vol. . p. , . (a) graftons chronicle , p. . (a) graftons ch●onicle , p. . (b) see antiq . eccles . brit. & god win in his life : fox , grafton , holinsh . speed , mariae . † instit . p. . * mr. hackwills epistle to his manner of passing bills . * h. , c. . mr. hackwill of passing of bills . p. , . (f) the freeholders grand inquest p. . see mr. hakwills passing of bills , p. ▪ (g) instit . ● . . b. . (h) cooks instit . p. . (i) e. . ● . h. . . r. . ror . parl. n. . r. . stat. . c. . h. . c. cooks institutes , p. , . e. . . * h. . . br. admiralty , r. plowden , f. b. cook report , f. , . (k) bracton , l. . c. . f. , . r. . fitzh . p●otection . r. . statham trespass , temps ed. . fitz avowry . cook instit . f. . instit . p. , , . rot. pat. h. . m. . rot. scotiae , e. . m. . rot. parl. e. . m. . rot. parl. h. . n. . artic. . seldens mare clausum , l. . rot. parl. e. . pars . m. . dorso . (l) e. . fitz. obligat . tr. e. . fitz. test . tr. e. . fitz. oblig . e. . c. . e. . b. e. . . bro. oblig . . farts . h. . , . h. . c. . h. . . bro. oblig . . e. . . r . c. . r. . stat. . c. . h. . c. . h. . c. . h. . c. . e. . c. . cook inst . f. . . instit . p. . rep. f. . rep. f. ● . (m) dr. ridlyes view of the civil law l. . c. . p. . tr. e. . fitz. abbe . e. . . dyer . . (n) see e. . modus levandi fines . e. . . a. e. . . b. e. ● . b. r. . contin . claim . . r. . c. . h. . c. . . h. . . a. bro. protection . fitz. amerciament . h. . c. . h. . c. . ed. . c. . plowdens com. . cook rep. f. . instit . p. . seldens mar● clausum , p. , . littleton , sect . . e. . c. . (o) see crooks reports , p. , . * may . † see an exact abridgement , p. . † ibid. p. . . . . . , . , . . . . . † sir john davis reports f. , . † see here , p. , . * pat. e. . pars . m. ● . * see cooks instit . c. . & . * see rastals abridgement of statutes , title , treason * hist . angl. p. , , . resp . * an exact abridgement p. , , , . , , , . † a catalogue of the speakers names , by w. hackwill of lincolns inne , esq ; . p. , , . * gratian , caus . . qu. . notes for div a -e * see lib. . c. , . † see here , p. . a declaration of the lords and commons assembled in parliament, with additions to a former declaration, dated. iuly . . for the protecting of those who are imployed by the authority of both or either house of parliament, in the execution of the ordinance for the militia: or in advancing the propositions for raising of horse, monyes, or plate according to the instructions of both houses of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration of the lords and commons assembled in parliament, with additions to a former declaration, dated. iuly . . for the protecting of those who are imployed by the authority of both or either house of parliament, in the execution of the ordinance for the militia: or in advancing the propositions for raising of horse, monyes, or plate according to the instructions of both houses of parliament. england and wales. parliament. sheet ([ ] p.). printed by a.n. for e. husbands and i. franck and are to be sold at his shop ..., london, : [ ] at head of title: die martis, . iulii. . "ordered that this be forth-with printed. h. elsyng, cler. parl. dom. com." reproduction of original in: eton college. library. eng england and wales. -- army -- appropriations and expenditures -- early works to . great britain -- history -- civil war, - . great britain -- politics and government -- - . broadsides -- england -- london -- th century. a r (wing e ). civilwar no die martis, . iulii. . a declaration of the lords and commons assembled in parliament, with additions to a former declaration, dated. england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , . iulii . . a declaration of the lords and commons assembled in parliament , with additions to a former declaration , dated . iuly . . for the protecting of those who are imployed by the authority of both or either house of parliament , in the execution of the ordinance for the militia : or in advancing the propositions far raising of horse , monyes , or plate according to the instructions of both houses of parliament . the lords and commons in parliament do declare , that it is against the laws and liberties of the kingdom , that any of the subjects thereof should be commanded by the king to attend him at his pleasure , but such as are bound thereto by speciall service ; and if any messengers or officers shall by colour of any command from his majesty , or vvarrant under his majesties hand , arrest , take , or carry away any of his majesties subjects to any place whatsoever , contrary to their wils , that it is both against the laws of the land , the liberty of the subiects , and is to the disturbance of the publick peace of the kingdom : and any of his maiesties subiects so arrested , may lawfully refuse to obey such arrests and commands . and it is further declared , that whosoever is employed by both or either house of parliament , concerning the ordinance for the militia , or in advancing the propositions , for raising of horse , money or plate , according to the instructions of both houses , or in furthering the subscriptions for ireland , or in any other service of both or either house of parliament , shall not depart that service , or attend his maiesty upon any summons or commands , signified by letter , proclamation , or otherwise except such persons shall be compelled to such departure or attendance by authority of law . and in so doing , both houses of parliament will extend the utmost of their power for their indempnity . ordered that this be forth-with printed . h. elsyng , cler. parl. dom. com. london . printed by a. n. for e. husbands and i. franck ▪ and are to be sold at his shop at the kings head in fleetstreet . a congratulatory letter of thanks from the corporation of north allerton in the county of york to their two representatives in parliament upon the advice of the late prorogation; published for an example to the kingdom in general. to sir gilbert gerard. and sir henry calverly. north allerton, january . corporation of north allerton. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a congratulatory letter of thanks from the corporation of north allerton in the county of york to their two representatives in parliament upon the advice of the late prorogation; published for an example to the kingdom in general. to sir gilbert gerard. and sir henry calverly. north allerton, january . corporation of north allerton. lumbly, richard. lascelles, thomas. sheet ([ ] p.) s.n., [s.l. : ] signed at end: thomas lascels, richard lumbly with sixty more. caption title; imprint from wing. thanking gerard and calverly for their support of the king. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng gerard, gilbert, -- sir, fl. -- early works to . calverley, henry, -- sir, d. -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- charles ii, - -- early works to . yorkshire (england) -- history -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a congratulatory letter of thanks from the corporation of north allerton in the county of york to their two representatives in parliament upon the advice of the late prorogation ; published for an example to the kingdom in general . to sir gilbert gerard . and sir henry calverly . north allerton , january . . the unexpected and suddain news of this days post preventing us from sending those due acknowledgments which the greatness of your services , for the publick good have merited from us : we have no better way ( now left us ) to express our gratitude and the high resentments of your actions , before and in your last sessions of parliament , then to manifest our approbation thereof , by an assurance that if a dissolution of this present parliament happen , since you have evidenced so sufficiently your affections to his majesties royal person , and endeavours for the preserving the protestant religion , our laws and liberties : vve are now resolved , if you are pleased , to comply with us , to continue you as our representatives ; and we do therefore beg your acceptance thereof , and farther that you will continue your station during this porogation , faithfully assuring you that none of us desire to give , or occasion you the expence or trouble of a journey in order to your election , ( if such happen ) being so sensible of the too great expence you have been at already in the careful discharging the trust and confidence reposed in you by gentlemen , sirs , your obliged , faithful friends and servants , thomas lascels , richard lumbly with sixty more a vindication of the armie, from some calumnious quæres being not so much a particular answer to those nine severall quæres, as to the scope of the author in them. by jo: harr: esq. harr, jo. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing v a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ; : ) a vindication of the armie, from some calumnious quæres being not so much a particular answer to those nine severall quæres, as to the scope of the author in them. by jo: harr: esq. harr, jo. p. s.n., [s.l. : ?] caption title. imprint from wing. wing h c reports title as: "a vindication of the armie, from sole ...". identified as wing v a, reel , and wing h c, reel of the umi microfilm set "early english books - ". reproduction of original in the folger shakespeare library. eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- early works to . a r (wing v a). civilwar no a vindication of the armie, from some calumnious quæres, being not so much a particular answer to those nine severall quæres, as to the scop harr, jo a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of the armie , from some calumnious quaeres , being not so much a particular answer to those nine severall quaeres , as to the scope of the author in them . by jo : harr : esq. the honest use of making queres was heretofore , to be instructed and attaine satisfaction in those things whereof our reason doubted ; not to justifie our owne wilfull errors , and under colour of asking questions to vent opprobrious calumnies , and raile positively against the sense of other men . the nature therefore of queres is much mistaken by the author of those nine against the army ; for i cannot discern in what point he desires to be instructed himselfe , or teach others ; but instead of that , in a positive way , and with much bitternesse , he inveighs against the proceedings of those gallant gentlemen , to whose successefull valour , and indefatigable industry ( next under god , without whose blessing all endeavours are fruitlesse ) the kingdome of england is indebted to for the rescue of her sinking ( and almost lost ) lawes and liberties . if this army have well deserved of the common-wealth , why should any man that loveth the common-wealth flie so high against them , as by way of prejudice to censure their intentions worse then their actions shew . for no action of theirs hath yet produced any hurt . can any candid or honest man harbour a suspicion , that the noble fairfax and cromwell , names honoured by the very enemies , whom no successe could ever puffe up , those miracles of modesty , in whom no selfe-seeking , no pride or ambition has in the least measure discovered it selfe ; should now be guilty of such a monstrous ambition as to affect an arbitrary power , to trample upon the state , to subject the parliament , and enslave the nation to their owne will ? but it appeares by the queres ( saith he ) that they have broken the priviledges of parliament , and are therefore suspected to aime at wicked ends . i , for mine own part , do so much honour the parliament , that i thinke every priviledge belonging to it of so tender a nature , as is unfit to be trod upon , or rudely dealt with : but i confesse i doe more honour the essence and being of the parliament then i doe every small punctuality of priviledge , and could be content rather to see the finger of it wounded ( for these contesting times have taught us such distinctions ) then the whole body perish . some parts of a body may be a little afflicted sometimes , that the whole may live in the more health : neither can i thinke that this army which hath given so noble a testimony of their affections to the parliament , as to preserve the very being of it ; would now violate any part or priviledge thereof , unlesse the safety of the whole did require such a seeming violation . let honest english-men therefore suspect no hurt unlesse they see probable inducements to such a suspicion ; but hope still , that this parliament whom the swords of so many lords and others of the english-gentry could not cut downe , whom the votes of that oxford assembly ( which the king called his mungrill parliament ) could not at all blast , nor many secret practices undermine , shall be still protected by almighty god , and not ruined , but rescued from some inconveniences , which might have wrought a ruine , if not prevented . the particular queres are scarce worthy of severall answers : but to the first , wherein he makes it so great a breach of priviledge that the army printed their declarations , and charge against the members without leave of the house , i think it a sufficient answer , that there was no other way to make the cleerenesse of their intentions appear , and vindicate themselves from farther jealousies , as their enemies might raise , who have beene too apt to throwgh causlesse aspersions on them . i could rather wish that the london presses were not too open in these dayes , to reproachfull pamphlets of our greatest enemies , which are daily vented against the honour and essence of the parliament it selfe . the second quere wherein this religious and deserving army is in many things compared to cade and his fellow rebells , being so injurious as that it cannot be answered with patience enough , may with discretion be scorned and passed over . as likewise the third , wherein he compareth this demand of the members to another , which was made heretofore , and judged by both houses to be a great breach of priviledges , of which because the case is so notoriously different , j think it not fit to speak at all ; nor to say any thing at all to that cavill of his , because the members are not particularly charged , because time must produce that , only to which it is referred . as for another comparison which he makes in a following quere betwixt the armies proceedings , and those which sleiden relates of the bloody & mad actions of those anabaptists in munster , j hope all judicious men will easily make a difference , without any vindication of mine , betwixt persons and actions so extreamly discrepant . as for another imputation of hindering the reliefe of ireland , it may easily appear , and j make no question but it will in time , that the cause of that may with more reason be imputed to the enemies of this army , who by unjust provocations have diverted that important service . to spare therefore farther expressions in this kinde , j shall onely stay with patience , and expect what it will please god to produce of these jarrs , hoping that it may be such a blessing to this afflicted kingdome , as may rather justifie the charity of them , who beleeved well of the army , then their suspitions , who are jealous in the other kinde . the end . die sabbati augusti, . it is this day ordered by the house of commons, that such members of the said house as shall wilfully neglect their service in the house, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbati augusti, . it is this day ordered by the house of commons, that such members of the said house as shall wilfully neglect their service in the house, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed by l.n. for e. husbands and are to be sold at his shop in the middle temple, london : . title from caption and first lines of text. an order of the house of commons for the sequestration of the estates of all such members "as shall wilfully neglect their service in the house." order to print signed: h. elsinge, cler. parliam. d. com. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbati augusti, . it is this day ordered by the house of commons, that such members of the said house as shall wilfully neglect england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbati augusti , . it is this day ordered by the house of commons , that such members of the said house as shall wilfully neglect their service in the house , by departing the cities of london and westminster , or otherwise , without particular leave first obtained from the house ; shall be reputed and taken in the same condition as those that ought to have their estates sequestred , and shall have their estates sequestred accordingly , for deserting the service of the common-wealth in the time of imminent danger . ordered by the commons in parliament that this be forthwith printed . h. elsinge , cler. parliam . d. com. london , printed by l. n. for e. husbands and are to be sold at his shop in the middle temple . . a proclamation touching the election of fit persons to serve in parliament. by the king. charles ii, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a proclamation touching the election of fit persons to serve in parliament. by the king. charles ii, king of england, - . england and wales. sovereign ( - : charles ii) sheet ([ ] p.) printed for m.b., london : anno, . dated at end: given at our court the sixth of novemb. annotation on thomason copy: "march . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a proclamation touching the election of fit persons to serve in parliament. by the king. charles ii, king of england a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation touching the election of fit persons to serve in parliament . by the king . having occasion at this time to deliberate upon divers great and weighty affairs , highly tending to the continuance and further setling of the peaceable government and sasety of this our kingdom , whereof god hath given us the charge , we have thought good according to the laudable custome of our progenitors , to crave the advice and assistance herein of our well affected subjects , by calling a parliament . and though there were no more to be had in consideration but the present face of christendom so miserably and dangerously distracted at this time , besides a number of other great and weighty affairs that we are to resolve upon ; we have more then sufficient reason to wish and desire ( if ever at any time , especially at this ) that the knights and burgesses that shall serve in parliament , be , according to the old institutions , chosen of the gravest , ablest , and best affected minds that maybe found : and therefore out of our care of the commom good , whereof themselves are also participant , we do hereby admonish all our loving subjects that have votes in the elections , that choice be made of persons approved for their sincerity in religion , and not of any that is noted either of superstitious blindness one way , or of turbulent humours another way , but of such as shall be found zealous and obedient children to their mother-church . and as to the knights of shires , that they cast their eyes upon the worthiest men of all sorts of knights and gentlemen , that are guides and lights of their countryes , of good experience , and great integrity , men that lead an honest and exemplary life in their countryes , doing us good service therein ; and no banckrupts or discontented persons that cannot fish but in troubled waters . and for the burgesses , that they make choice of them that best understand the state of their countryes , cities or burroughs : and where such may not be had within their corporations , then of other grave and discreet men fit to serve in so worthy an assembly . for we may well fore-see , how ill effects the bad choise of unfit men may produce , if the house should be supplyed with banckrupts , and necessitous persons , that may desire long parliaments for their private protections , or with young and unexperienced men , that are not ripe and mature for so grave a counsel ; or with men of mean qualities in themselves , who may only serve to applaud the opinion of others on whom they do depend ; or yet with curious and wrangling lawyers , who may seek reputation by stirring needless questions . but we wish all our good subjects so to understand these our admonitions , as that we no way mean to barre them of their lawfull freedom in election , according to their fundamental laws and laudable customes of this our kingdom , and especially in the times of good and settled government . given at our court the sixth of novemb. london , printed for m. b. anno , . the reply of richard hutchinson, esquire, to sir eliab harvey's answer hutchinson, richard, esq. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the reply of richard hutchinson, esquire, to sir eliab harvey's answer hutchinson, richard, esq. sheet ([ ] p.). s.n., [london : or ] place and date of publication from wing ( nd ed.). reproduction of original in: british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- contested elections. contested elections -- england. great britain -- history -- william and mary, - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the reply of richard hutchinson , esquire , to sir eliab harvey's answer . sir eliab begins his answer with an insinuation , as if the printed cast was only in the name of richard hutchinson esq when it is well known , that it was written , printed , and published , by his direction . next , sir eliab pretends , that the objection against those who voted for him without right , was , that they were made by the present bayliffs to serve a turn : whereas , the objection was , that they were made at several times , contrary to a known by-law . and though he suggests , that but one was made while these men were bayliffs ; it is in proof , that many were made in their time without right , and that in favour of sir eliab . he affirms , that none were denied the taking up their freedoms which had right to require them : when it will be proved , that several were denied their right till an action was brought by one of them for such denial . he says , the sixteen clergy-men that voted for him had freedoms by birth-right ( or otherwise ) , yet cannot shew , that more than one of them had any right , but from the free gift of them who , by the by-law , were restrained from giving away any freedoms . besides that , it was contrary to the prescriptional right of the town ; which appears by record to have been a borough in the time of hen. i. and the indentures of returns to parliament have been by the burgesses of the borough . he says , that clergy-men and non-conformist preachers voted for mr. hutchinson ; when there were but two , one of which was made free before the by-law , and the other as his son , born after his freedom . he says , every freeman was called over according to his seniority : which is quite otherwise ; it being by a meer contrivance ; by which sir eliab had seventy one at the beginning , when there were but five on the other side . nor was ever any thing with less colour than his assertion , that mr. hutchinson's friends pressed to have the books of freedom in their custody for a week : when 't is well known , that he was chiefly insisted upon it , proffered to proceed to the scrutiny upon the place immediately , if he might have an inspection of the books of freedoms to compare with the poll ; by which it would have appear'd , that mr. hutchinson had a considerable majority of true votes . he says , all the rest of mr. hutchinson's paper will appear false and frivolons . but if bribery , among other things , be proved , as it is not doubted but it will , certainly this will not appear frivolous . upon the whole , it is to be observed , that sir eliab did very prudently , not to deny that there is such a by-law as is urged against him ; because , though it is not to be found in the books , he cannot but believe , that the examining into the tearing it out of the book , will not make for his cause ; and therefore , it was best to say nothing of it . a sermon preached before his grace the kings commissioner, at the three estates of parliament, may the th, by gilbert rule minister of the gospel at edinburgh. rule, gilbert, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon preached before his grace the kings commissioner, at the three estates of parliament, may the th, by gilbert rule minister of the gospel at edinburgh. rule, gilbert, ?- . [ ], [i.e. ] p. printed at the society of stationers printing-house in harts-close, over-against the trone-church, for george mosman bookseller at his shop on the south-side of the parliament-close, edinburgh : . page misnumbered " ". reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . sermons, english -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preached before his grace the kings commissioner , and the three estates of parliament , may the th . . by gilbert rule minister of the gospel at edinburgh . edinbvrgh , printed at the society of stationers printing-house in harts-close , over-against the trone-church , for george mosman bookseller at his shop on the south-side of the parliament-close , . reader , it was not choice , but the appointment of the general meeting of the presbyterian ministers , which made me ( with much reluctancy ) to appear before so great and discerning an auditory : i was led to the subject here treated of , by observing that the affairs of this church ▪ and its settlement , after a long time wherein things hath been not of course in it , were under the parliaments consideration : and i was moved to allow the printing of this discourse , only by the command of authority , without which nothing could have prevailed with me to have made it so publick ; wherein there is nothing to commend it , save the divine truths that are the matter of it . as the interest of religion was our solicitude when these thoughts were conceived and delivered : so now we are filled with joy , while we behold the religious regard , that the high , and honourable court of parliament have shewed to the mountain of the lords house , above other mountains , ( which they truly are , and ought to be concerned about ) in the great step towards the establishing thereof , that they made by their vote th . instant , settling the protestant religion , and the presbyterian church government ; and their proceeding to consider the other things needful , for promoting religion in this church , and nation . that the lord may help them to go on as they have begun , and hitherto acted , and reward them for their good deeds toward his house , and that he may bless what here followeth , for soul advantage to them who read it , is the earnest prayer of thine , and the church's servant g. r. edinburgh may th . . a sermon on isaiah . . chap. ver . and it shall come to pass in the last dayes , that the mountain of the lords house shall established in the top of the mountains , and shall be exalted above the hills : and all nations shall flow unto it . religion , and the church ( which is the chiefe mean of propogating it in the world ) is the most contemptible thing to many men , ●hat can be , and that which most men are least concerned about . but as it alwayes ought to be otherwayes , so the lord here promiseth , that there shall be a time when it shall be more regarded . this promise was made to the church before the captivity in babylon , that it might be a support to the faithful in that dark hour : and it is repeated micha . . and . as that which was needful , and yet hard to be beleived . we are here to consider , first , the certainty of the event , it shall come to pass , or be ; whatever unlikelyhood , or letts , may be in the way . god hath said it . secondly , the time of it , the last dayes , the dayes of the gospel : or when god hath exercised his people with tryal , he will at last put an end to their trouble , and bring this about for their comfort . thirdly , the subject spoken of , the mountain of the lords house . by this , no doubt , is meant the church , or the religious interest of men : mount zion ( that is one of the two tops of it , called mount moriah , where the temple was built ) was a name ordinariely given to the church of god : and from the dialect of the old testament , it is transferred to the new testament . wherefor , by the mountain of the house of the lord , is meant the church . it is she , it is the religion owned and professed in her , and gods ordinances whereby she is distinguished from other societies , that is here promised to be exalted so high . the church or the concernments of religion may well be called a mountain , both from her eminency , and also from her stability . fourthly , two things are said of this mountain ▪ her preference to other things , and her increase are both asserted for the former it is to be considered , first , absolutely , that she shall be established 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth both preparation and fixedness : and indeed hath a great emphasis in this place the church shall be prepared : that is men shall use the greatest application , the greatest care , the greatest wariness , consideration , and zeal ; they shall imploy all their wit. all their activity and care : and not only so , but the lord will imploy his infinite wisdom and goodness ▪ for her being setled on lasting foundations : rashness , headiness , indifferency , and worldly designs , are not like to make good work when men are about settling the church . it will make an ill contrived building that will not stand long the church ( saith the text also ) shall be established that is fixed , made impregnable , so as the malice and open enmity of enemies , nor the treachery of false friends shall not be able to brangle her constitution ▪ and the lord will make her firm on the rock ▪ that the gates of hell shall not prevaile against her . it is also said that she shall be exalted , or be made great and glorious . god will put a lustre on her. and men ( when the lord poureth out the spirit on them that seemeth to be promised in the text ) will contribute what they can to promote her spiritual glory . ly . comparatively . the church must be fixed and exalted above the mountains and hills , that is , preferred to all the other interests of men , however great they he in the eyes of the world , the lord will make her more glorious then any other society or false church : and men will ( when this promise is fullfiled ) prefer her interest to all that can be dear to them , or great in their eyes . the other thing that is said of the church is , that all nations shall flow to her , when god shall thus exalt her , and when men shall thus shew their zeal for her , many will come to her , joyn with her , submit to her , it will be a terrour to enemies and an allurement to strangers . diverse practical and important truths might be observed from this text : but i pitch upon this one , as of great use and necessity to be considered by this audience at this time , to wit , that god will , and men ought to prefer the interest of the church and religion , to all other concernments whatsoever . let us ( for our more distinct procedure ) consider first , what this religious interest is , and what are the great things to which it must be preferred . secondly , how god will prefer it . thirdly , how men should do it . fourthly , why it should be so . for the first , we must consider that christ is a king ▪ psal . . v. . and though his kingdom be not of this world ▪ jo. . . yet it is in this world : and his royal power is exercised visibly among men. math . , , with the . and that as distinguished from ( though no way opposite to , and far less inconsistent with ) the kingdoms of men . if it be managed according to his laws , it doth not tend to depress , but to exalt mens greatness ; neither can it otherwayes curb their excesses , then by holding forth his law , which setteth bounds to all the actions of men with respect to the moral good or evil that may be in them : now this glorious king must have a people ( for here it must not be questioned , that the people are for the king , and not he for them , isa . . . , ) there must be a seed to serve him , psal . . . psal . . . that the doctrine that he hath taught be owned and believed . that he be worshiped in the right management of his ordinances : that his laws be declared , submitted to , and obeyed : that the government and order of his house be observed , as he hath held it forth and injoyned it : and all this for the promoting of holiness , restraining of sin , and the salvation of men. this , i say , is that mountain ; that great concernment , that the lord doth , and men should prefer before all things else . there are indeed other mountains ; things that are great and momentous in the eyes of men , which may and ought , in their own place , to have a due regard . but must no wayes vie with the mountain of the lords house , with the great things that concern the church and religion . the greatness and prerogatives of kings ; the establishment of earthly throns ; and the liberties and priviledges of people , the security and safety of the present government and constitution of a nation , the advancement of trade and enriching of a nation : these are great things , and by all good means must be secured , so far as men can do it : yet none of these separately , nor all of them in conjunction , are of so much value , as that they should be preferred to this mountain that the text speaketh of : but it must be set above them all . it is true there is such a connection betwixt this mountain and some of these mountains , that the one cannot be safe , if the other be ruined : and therefore , even for its safety they are to be regarded ( of which more after ) but when this spirit , that is here promised , is poured out on men , these will be minded but in the second place . ly i am to shew how the lord doth , and will preferre the mountaine of his house , the interest of religion , to all other mountains , or interests , that are great in the esteem of men. this will appeare if we consider , first , what is positively declared in the scripture of his special respest to his church , and her religious concernments , above all the other interests , not only of the rest of the world , but even of his own people . a notable place to this purpose is psal . . where gods esteem of his church is purposely insisted on : it is his foundation : it is indeed the ground of all his dispensations to men ; with respect to it is all the conduct of providence . and then , he loveth it better then all the dwellings of jacob , neither the kings palace ▪ nor the stately buildings of the nobles , none of the civil , publick , or private , concernments of his ●eople , did beare so much bulk in his eye ; yea such glorious things are spoken , ( by the lord in his word ) of the church , as of no other thing on earth . and the lord reckoneth the honour of men not by their noble blood , but by their relation to his church , and concern in religion verse th egypt ( under the name of rahab ) and babylon , were then the most flourishing kingdoms in the world : but it was a greater honour to be of poor israel then of any of these : a well reformed church is a greater glory with god , then a flourishing kingdom : yea the warlike philistines , the rich trading tyre , the ancient aethiopia , were nothing to him , in comparison of poor judea : because gods ordinances were there : ye shall please god better and do him better service , if ye make poor scotland a well reformed church , than if ye could make her richer , more potent , and splendid than any of her neighbour nations it is religion that maketh people truely honourable , for it is that which maketh them precious in gods sight isaiah . : . nothing doth so truely , and in the esteem of god , and good men , so exalt a people , as the truth , the purity , and the power of religion flourishing among them . ly . the lords special respect to mens religious ▪ above their other interests , will appeare , if we consider what he hath done for his cuhrch . the greatest manifestations of god and of his attributes that ever the world was witness to ; the most glorious things of his word , and the most eminent of his works ▪ have all had a special respect to the church , and the true religion . his chusing and purchasing a church to himselfe was a glorious passage : and that both his setting up the jewish church , deut. . . or hath god assayed to go and take him a nation from the midst of another nation , by temptations , by signs , and by wonders , and by war , and by a mighty hand , and by a stretched out arm , and by great terrours , according to all that the lord your god did for you in egypt , before your eyes ? and yet more in erecting the gospel church : the eternal son of god became a man , and laid down his life for this end tit. , . his preserving and mantaining his church is a tract of wonders , interlaced with miracles . for the churches emblem is a bush burning and yet not consumed exod. . . we may , with good warrand , say , that the whole conduct of providence is managed with an eye to the church and religion : which cannot be said of any other interest in the world hence christ is not only head of his church to rule her ; but head over all things for her behove eph. : , he made the world that he might have a people to serve him on earth , and to praise him for ever in heaven . isaiah . , . he made all the interests of the nations of the world , in his settling of them , subordinate to his designs for his church . deut. . . when the most high divided to the nations their inheritance , when he separated the sons of adam , he set the bounds of the people according to the number of the children of israel ▪ for the lords portion is his people : jacob is the lot of his inheritance so the best interpreters apply that text . the greatest revolutions that the world hath seen , have had respect to this interest ▪ in the design of god : an instance is in destroying the chaldean and setting up the persian monarchy , isaiah . thus saith the lord your redeemer , the holy one of israel , for your sake i have sent to babylon , and have brought down all their nobles , and the chaldeans , whose cry is in the ships . the one persecuted the people of god , it is pulled down : and the other is set up to relieve them ▪ so cyrus got the crown on their account , isaiah . the : : : . thus saith the lord to his anointed , to cyrus , whose right hand i have holden ●o subdue nations before him : and i will loose the loi●s of kings to open before him the two leaved gates and the gates shall not be shut . i will go before thee and make the crooked places straight : i will breake in pieces the gates of brass ▪ and c●t in sunder the bars of iron and i will give thee the treasures of darkness , and hidden riches of secret places , that thou mayest know , that i the lord , which call thee by thy name , am the god of israel . for jacob my servants sake , and israel mine elect ▪ i have even called thee by thy name : i have surnamed thee ▪ though thou hast not known me . though the world did not so construct these events . ly . the same is clear by what he hath promised to do for his people : as in the text : and isaiah . &c. dan : ▪ . math. . . the like promises no state , kingdom , family , nor interest in the world can lay claime to ▪ i proceed to the third thing above mentioned , to shew how men ( even all men in their several capacities ) should imitate god in this ; and contribute their endeavours to advance religion above all things that are great or precious in the eyes of the world. and lest any should mistake the tendency of this discourse ; i shall shew what is not to be expected of them who have true zeal for religion , which possibly some may look on as an advancement of its interest . as first , it is not advancing of church-men unto worldly dignities or power : we plead not for a papacy , to be cardinals or prelats : neither do we think it any advancement to the church , that her ministers have a share in the civil government . as christs kingdom is never of this world , so its dignity and advancement lyeth in nothing that is worldly : nothing but a worldly spirit , and a false idea of reliligion , could make men think this an advancement to the church ▪ for it is truely a depression of her ; and putteth that as a diadem upon her head , which the scripture places under her feet , rev. . her glory is the sun , christ ; and the twelve stars ; the light of apostolick doctrine ; not the moon , this inferior and changeable world. neither lyeth the churches advancement in spiritual , or ecclesiastical domination , to be lords over gods heritage , or masters of peoples faith. . cor. . , not for that we have dominion over your faith , but are helpers of your joy : for by faith ye stand . . pet. ▪ . neither as being lords over gods heritage : but being examples to the stock . . cor. . for we preach not our selves , but christ jesus the lord , and our selves your servants for jesus sake . we pretend not to make church laws . but to declare these which christ hath made , and to impose them ( not what we think sit ) by his authority , and to censure such as will not obey his laws ; not as we will , but as he hath appointed . we set up no imperium in imperio ; but a ministerium ▪ it is true christs servants are cloathed with his authority ( and men should advance the church by allowing them the free exercise of it ) to declare the laws of christ , and to require obedience to them : and all men from the highest to the lowest ought to bring their necks under this his yoke yet this is far from clashing with , or diminishing the magistrat●… authority ; or restaining the exercise of it ▪ because they differ in their objects ▪ in their ends ▪ and in their manner of exercise but time doth not permit to enlarge on this . neither doe we plead to be advanced to an exemption from the laws and authority of the magistrate as some others do . dly . we plead not to be advanced to worldly pomp and riches : let not the church be so depressed ▪ as that her ministers be under anxious penury ; that hindereth minding their work or contemptible meanness ; that the world be not tempted to vilify them and their work too : and we have enough . thly . neither is the church preferred , nor religion promoted , by setting up a pompous , gawdy , theatrical kind of worship : by pretending to adorn it by modes and religious rites that christ hath not instituted ▪ her greatest beauty and visible lustre is gospel simplicity . so far as we go from apostolick purity , so far we depress religion , and deform the beautiful face of christs comely spouse . let us then consider positively , how men should set the mountain of the lords house upon the top of the mountains : what way they must prefer religion to other concernments . first ▪ they must labour to secure that interest : not to leave it at uncertainty . if they be careful ( as wise men will ) to make sure work about their worldly affairs ▪ whether publick or private ; much more should that care be used in this case . and for this end , they should be careful to build upon a good foundation : apostolick doctrine , as it holdeth forth christ in all his offices ; and particularly , his kingly office , is the only foundation for church work , eph , , . and are built upon the foundation of the apostles and prophets , jesus christ himself being the chief corner-stone . in whom all the building fitly framed together , groweth unto an holy temple in the lord. in whom you also are builded together for an habitation of god through the spirit . mens devices and mens politicks , lay no sure ground for the church-care is also to be taken , that nothing may be laid on this foundation , but what is suteable to it : let all things be done for the house of the god of heaven , according to his will. even a heathen knew this to be duty . ezra . see cor. , . likewise , men should be sure , that they build upon this foundation , and not act by guess , in this matter : and they should build strongly ; that neither open enemies may batter , nor false friends undermine this building . let laws about christs matters be well digested , and wisely considered , and fixed with all care. dly . let christs church enjoy all the priviledges that he has granted her . if men with hold any one of them , they do not advance the mountain of the house of the lord as they should . sound doctrine , pure ordinances , a godly ministry , a government drawn from christs institution , and apostolick practice , and that tendeh to advance holiness : that it be managed by its friends , and not by them that would supplant it ; that they may assemble as oft as is needful for this end : that church officers be lookt out , and chosen by the people of god , and not imposed on them by mens will , acts . that the fountains out of which a godly seed for the church may issue ▪ be kept pure : that discipline may be duely exercised : and whatever lets to religion , and snares to the serious godly , men have framed into laws , may be removed . this would conduce much to the advancement of the church ▪ and if any of these be neglected , she is not set on the top of the mountains , but somewhat else preferred to her. half reformations are often condemned , when the high places were not removed , though many things were commendably reformed there is alwayes a mark set on that reformation as sinfully defective . dly . the promoting of holiness is one chief way of advancing religion , and making the church glorious . holiness is her beauty and cognisance , psal . ezek. . . let laws be made and executed , for restraining the horrid immoralities that have defaced the church ; and for encouraging true piety . ly . let no interest be preferred to , or come in competition with , the concernment of religion . as it can never clash with any of the true interests of men : so where it is so apprehended , that men think , that either it , or they must suffer inconveniency ; let it alwayes have the preference , as being of most value , and on account that due regard to it , is the way to engage the lord to take care of mens other interests , even when they seem to be in hazard : see for this exod. . for i will cast out the nations before thee , and enlarge thy borders ; neither shall any man desire thy land , when thou shalt go up to appear before the lord thy god , thrice in the year . this should be minded mainly , with the greatest zeal ▪ with the greatest tenderness , lest any wrong step be made about it . an error about other matters should be look'd on as of less moment , and less dangerous consequence . if any thing must run a venture , let it not be christs interest . thly . it belongeth to this preference ▪ that religion should have , that it be postponed to no other concernment . as we are to seek the kingdom of god first , with respect to our own souls , matth . . so must we use the same conduct with respect to the publick and more general advancement of that kingdom : this is to be understood , when the time of considering this affair , may import either its esteem , its safety , or any other advantage to it . then all things should yeild to it , even in that circumstance . let it not be thought ( when we thus plead ) that they who do most concern themselves in the church , are either impatient under necessary delayes , or would prescribe to them whom the lord hath entrusted as the nursing fathers of the church : they can with confidence trust this to the wisdom of such worthy patriors : but we are confident that zeal for the church , the consideration of her present confusions , and regard to the souls of men , will suggest this to them . if david was allowed to plead with god ( as psal . . ) that the lord would make hast to deliver and help him , and that he would make no tarrying : i hope we shall not be blamed if we so plead with men . thly . they that are truly zealous for advancing the interest of the church and religion , will also be careful that the state be well settled . there is a connection betwixt these two , as between the soul and body : the illness of the one affecteth the other . if the government be not supported , if that establishment of it that is friendly to religion be not secured , if it be in the hands of either open enemies , or false friends to truth , and to the right wayes of god , the church cannot be safe it is true the lord can support her ( and hath done it ) amidst her most bloody foes : but a godly magistracy is the ordinary means for that end . they are nursing fathers , christ hath committed the care of his spouse ( as to externals ) to them : and this trust they cannot well perform ▪ if they let the house go to ruine over her head . wherefore if men will establish the mountain of the house of god above other mountains , they will also be duely careful of the interest of the nation , and that for the churches fake , for the sake of the protestant religion here , and elsewhere , as well as for theit own sakes . the fourth thing proposed to be discoursed , is to give the reasons why the interest of religion should be so minded ▪ and that with preference to all other interests . i may confidently affirm , that few reasons will be needful to perswade them of this , and to incline them to it ▪ who in leed understand what religion is , and who are truely concerned in it ▪ but that i may give you a few hints to this purpose . consider first , the advancement of religion is that whereby god is more honoured then by any other way . the riches , power , splendor of his people ▪ or of a nation , or of great ones , doth not so much honour him , as this doth : neither doth their meaness and contempt , and low ▪ condition in the world , so dishonour him , as abounding sin , idolatry , superstition , church confusion , or other sinful courses do , see psal , , . great is the lord , and greatly to be praised in the city of our god , in the mountain of his holiness . beautiful for situation , the joy of the whole earth is mount zion , on the sides of the north , the city of the great king : god is known in her palaces for a refuge . christ is king of kings and therefore his interest is to be preferred to that of all the great men on earth . ly . the salvation of men is nearly concerned in this , the advancement of other interests may be conducive to their riches , power and worldly greatness : but this is the mean to save their souls . the soundness of doctrine , the purity and liveliness of ordinances , yea the order of the church of god , is of great use for this end : even that tendeth to preserve the truth and ordinances of god : to curb vice , and to engage men in the wayes of god : and therefore they who desire to be holy or to see holiness promoted among men , cannot but think it of high concernment that the church be well setled . if then ye have any regard to your own immortal souls , if ye value the souls of people more then your worldly concernments , make it your care to advance religion rather then any other interest . ly . true religion , and the flourishing of it among a people is the greatest glory of a nation the poorest & most contemptible people may , by this means , have their reputation advanced in the sight of god , and in the esteem of all good men : yea often in the eyes of them that are but moral and intelligent , though enemies , deut . , v. keep therefore and do them for this is your wisdom , and your understanding in the sight of the nations , which shall hear all these statuts , and say ▪ surely this nation is a wise and understanding people v. . for what nation is there so great , who hath god so nigh unto them as the lord our god is in all things that we call upon him for ? v . and what nation is there so great , that hath statutes and judgements so righteous ▪ as all this law , which i set before you this day . and not only so ; but 〈◊〉 is the way to bring down national blessings , as the neglect of religion bringeth national curses and ruine . as may be observed in the whole current of the writings of the prophets , and in the history of the judges and kings of israel and judah . if ye will set christ on high in this poor church , he will set the church and nation on high . scotland hath in former times been renowned and esteemed among the churches of the reformation , upon this account . it may be an honour in after ages to your posterity ▪ that such a man was active and faithful in that happy parliament , that settled ▪ religion and the church , when it had been almost ruined . ly yea this is the way to secure us that we need not fear our enemies , or them that are unfriends to our way : but rather shall be feared by them . religion well settled and flourishing in a nation , will render it more formidable , then strong ▪ armies or navies could do . gods presence among a people ( and that is best obtained by the advancement of religion amongst them ) useth to strike terror into the minds of their enemies . sam. : : . and the philistines were afraid , for they said god is come unto the camp : and they said , wo unto us ▪ for their hath not been such a thing heretofore . wo unto us who shall deliver us out of the hands of these mighty gods. these are the gods that smote the egyptians with all the plagues in the wilderness psal . . . , . for lo the kings were assembled , they passed by together , they saw it , and so they marvelled . they were troubled , and hasted away : fear took hold upon them and pain as of a woman in travel . cant. . — terrible as an army with banners . and now to conclude with a few words for applying of what hath been said : ye see what the lord giveth us hope that he will do for his church : ye see what he calleth you in your present station , and in the high trust that god and the nation have reposed in you , to do for religion . that ye should be careful to set this mountain on the top of the mountains , and advance it above the hills . wherefore let me beseech you , and obtest you in the lord , that ye would bring home all that hath been said , to your own practice , in these three things . first beware of being defective in this , either by luke warmness , neglect and indifferency , or by preferring any thing else to the well being of religion : beware of venturing it for a worldly interest , either publick , or private , and selfish : for your humour , to maintain a s●iekle , or in pursuance of private piques . let all christs friends lay by their animosities , that they may secure and promote his interests . religion maketh a small figure in our account ▪ if it cannot thus far influence us . beware also of enmity ▪ and ●ll designs against that which the lord will thus advance : for it will prove a burdensome stone to any who so designe or endeavour . zech : . , and a cup of trembling to them , vers . . how this texr suteth with a maxim that some men advance , that the government of the church should be modelled as is most sutable to that of the stare , let any judge . for this were to set the mole ▪ hils of this world above ▪ and on the top of the mountain of the lords house . it was not so under the old testament : for the government of the state was often changed , but that of the church remained the same ▪ and if this were alwayes observed , popery behoved to be under monarchy : episcopacy or presbytery under aristocracy ▪ and independency , with democracy . which i think none will plead . ly . let this encourage every one to venture , and act for religion : the text telleth us , that interest will be uppermost . if we believe this , it will inspire us with courage and zeal : gods hand is at this work , and therefore men may be encouraged , with the greatest resolution , to put their hand to it . hag. : . yet now be strong , o zerubbabel , saith the lord ; and be strong o joshuah son of josedech , the high priest and be strong all ye people of the land , saith the lord , and work , for ▪ i am with you , saith the lord of hosts . most of the prophesies of zechariah are to this purpose see chap : : : . . let this engage you to contribute all your endeavours to promote the interest of religion ; get your heart engaged to it , and then your hand will not be wanting : love the truths and wayes of god ; and labour to get your hearts bent for holiness : without this , and where mens own hearts are nor first gained to god , their actings for him are like to be faint , and unsteady . pray , and wait for light and guidance from the lord , and for his help that ye may do him service in this matter . resolve to be faithful , and that ye will thus lay out your selves for the lord : and be careful to lay hold on the happy occasion that the lord hath put in your hands to do him service , in promoting of true religion . consider what peace it will yield you in the day of trouble , and at death , that ye have sincerely appeared for god and religion ▪ and what a terror the contrary will bring what a blessing it may entail on you and your families : and what a curse will be on all them who are enemies or false friends to religion . also that the work will be done , deliverance and establishment will come to the church . the text assureth us of that : as also do other scriptures . and if ye be wanting in your station , and when opportunity is put in your hands , mordecai hath pronounced what will be the issue of it . esth . . for if thou altogether holdest thy peace at this time , then shall there enlargement , and deliverance arise to the jews rom another place ; but thou and thy fathers house shalt be destroyed ▪ and who knoweth whether thou art come to the kingdom for such a time as this . i have not in this discourse been very particular in bespeaking your care and zeal for the things controverted among us : partly , because time doth not allow to insist on such debates ; and partly , because i am confident that were men cordially for the advancement of the life and power of religion and unbyassedly for christs kingdom among us , they would readily fall into accord about the things that have been the matter of our differences . finis . die lunæ, . ianuar. [i.e. ]. it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, shall come to the lodgings of any member of this house ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die lunæ, . ianuar. [i.e. ]. it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, shall come to the lodgings of any member of this house ... england and wales. parliament. house of commons. sheet ([ ] p.). printed for tho. bates in the old bailie., [london] : [i.e. ] title from caption and first lines of text. reproduction of original in the henry e. huntington library. eng england and wales. -- parliament. -- house of commons. legislative bodies -- privileges and immunities -- early works to . great britain -- politics and government -- - . great britain -- history -- civil war, - . broadsides -- england -- th century. a r (wing e ). civilwar no die lunæ, . ianuar. . it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, sha england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms blazon or coat of arms blazon or coat of arms die lunae , . ianuar. . it is this day ordered upon the question , by the commons house of parliament ; that if any persons whatsoever , shall come to the lodgings of any member of this house , and there doe offer to seale the trunks , doores or papers of any members of this house , or to seize upon their persons ; that then such members shall require the aid of the constable to keep such persons in safe custody , till this house do give further order . and this house doth further declare , that if any person whatsoever shall offer to arrest or detain the person of any member of this house , without first acquainting this house therewith , and receiving further order from this house : that it is lawful for such member , or any person , to assist him , and to stand upon his , and their guard of defence , and to make resistance , according to the protestation taken to defend the priviledges of parliament . h. elsynge cl. par. d. com. printed for tho. bates in the old bailie . . a full ansvver to an infamous and trayterous pamphlet, entituled, a declaration of the commons of england in parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the king. clarendon, edward hyde, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a full ansvver to an infamous and trayterous pamphlet, entituled, a declaration of the commons of england in parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the king. clarendon, edward hyde, earl of, - . [ ], , - p. printed for r. royston, [london] : . place of publication from wing. the words "a declaration .. king" on title page are surrounded by square brackets. first leaf has royal arms on verso. text continuous despite pagination. annotation on thomason copy: "july. ". reproduction of the original in the british library. a full answer to an infamous and trayterous pamphlet. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a fvll answer to an infamous and trayterous pamphlet , entituled , a declaration of the commons of england in parliament assembled , expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the king . micah . . the heads thereof judge for reward , and the priests thereof teach for hire , and the prophets thereof divine for mony : yet will they leane upon the lord , and say , is not the lord among us ? none evill can come upon us . printed for r. royston . . the contents the authors method . pag. . their severall charges against the king . ib. . that his majesty hath laid a fit foundation for all tyranny , by this maxime , or principle ; that he oweth an account of his actions to none , but god alone ; and , that the houses of parliament , joynt or separate , have no power , either to make , or declare any law. p. . . the private articles agreed in order to the match with spaine , and those other private articles upon the french marriage , &c. p. . the death of king james . ib. . the businesse of rochel . p. . . the designe of the german horse , loanes , privy-seales , coat and conduct-mony , ship-mony , and the many monopolies . p. . . the torture of our bodies by whipping , cutting off eares , pillories , &c. with close-imprisonment aggravated , with the dominion exercised over our souls by oaths , excommunications , new canons , &c. p. . . the long intermission of parliaments ; and , at the dissolution of some , how priviledges have been broken , and some members imprisoned . p. . . the new liturgy , and canons , sent into scotland ; and the cancelling , and burning the articles of pacification . p. . . the calling , and dissolving the short parliament , and the kings proceeding after the dissolution therof . p. . . the king summoned the present parliament to have assistance against the scots : and when he found that hope vaine , he was so passionately affected to his malignant counsellours , that he would rather desert his parliament and kingdome , then deliver them to law and justice . p. . . the queens designe to advance popery , and her observing a popish fast : with secretary windebank's going beyond sea by his majesties passe after he was questioned . p. . . commissions given to popish agents for private leavies . p. . . the bringing up the northerne army to over-awe the parliament . ib. . offers made to the scots of the plunder of london , if they would advance ; or of northern counties , with three hundred thousand pounds , but to stand neuters . p. . . the businesse of ireland . p. . . the unusuall preparation of ammunition , and armes , ( upon the kings return from scotland ) with new guards within , and about whitehall ; the fire-works taken and found in papists houses ; the tower filled with new guards , granadoes , and all sorts of fire-works , morters , and great pieces of battery ; the displacing sir william balfore , and placing other officers , who were suspected by them and the whole city . p. . . the charge of treason against some of both houses , and the kings going so attended to the house of commons . p. . . a parallel between the kings proceedings against the , and the armies against members . p. . . commissions granted to the e. of newcastle , and colonel legg , for attempting newcastle , and hull : and their intelligence of forain forces from denmark . p. . . the queens going into holland , and her carrying away , and pawning the anncient iewels of the crowne . p. . . when they first took up arms against the king. ib. . breach of honour , and faith in the king for making so many solemn protestations , against any thought of bringing up the northerne army , or of levying forces to wage war with his parliament , or of bringing in forain forces , or aids , from beyond sea. p. . . they have not observed their professions made to the king , nor kept their promises to the people . p. . . . that his majesty proclaimed them traytors and rebels , setting up his standard against the parliament , which never any king of england did before himself . p. . . the setting up a mock-parliament at oxford , to oppose and protest against the parliament of england . p. . . a full relation of the first tumults . p. . . the pacification and peace in ireland . p. . the king 's severall messages , and their propositions , and addresses , for peace . p. . their bills presented to his majesty at carisbrook-castle . p. . the commons resolutions of making no more addresses to the king. p. . the conclusion : demonstrating , that they can never establish a peace to the kingdome , or any security to themselves , but by restoring the just power to the king , and dutifully submitting and joyning themselves to his protection . p. . an answer to an infamous and trayterous pamphlet , entituled , [ a declaration of the commons of england , in parliament , expressing their reasons and grounds of passing the late resolutions , touching no further addresse or application to be made to the king . ] if the nature and minds of men were not more inclined to errour and vice , then they are to truth and vertue , and their memories more retentive of the arguments and evidence , which is administred to pervert , then of those applied to reclaime them , there would be little need of composing any answer to this seditious and trayterous declaration , which consists onely of the severall infamous and scandalous imputations and reproaches ( except the odious and groundlesse discourse of the death of king james , which though they have alwaies whisper'd , they never thought fit to own till now ) which have been thrown and scattered against the king throughout their declarations and remonstrances , and is but the same calumny and treason , bound up in a lesser volume ; to every particular whereof his majesty ( whilst he was at liberty to speak for himself , and to take the pains to undeceive and inform his people ) gave full and clear answers , in his severall declarations and expresses , so that from thence all men may gather the most naturall and proper antidotes , to expell this poyson , the spirit and malignity whereof , ( it is hoped ) is so near spent , by the stalenesse and palpable unskilfulnesse , as well as malice , of the composition , that it will neither be received by , or work upon any healthfull constitutions ; yet it will not be amisse , for the information of those , who ( it may be ) have not taken the pains to read the king 's former answers and declarations ; and refreshing the memory of others , who have forgotten what they have read , to collect the answers formerly given to those particulars , with which his majesty is now charged , and to adde to those answers , what the knowledge and observation of most men who have been faithfull inquirers into past actions , with that integrity and duty that becomes subjects , may supply them with ; for which there will need no great apology , since every honest man hath a more regular and legall qualification , to vindicate his majesty from those foule aspersions , then any combination , or congregation of men , can have to traduce him with them . before any discourse be applied to the monstrous conclusions , which are made , and for the support and maintenance whereof , that declaration is framed and contrived , or to the unreasonable glosses upon his majesties propositions , and prosecution of his desires of peace and treaty , it will be the best method , to weigh and consider those particulars , upon which they would be thought to found their desperate conclusions , and in which they say , there is a continued tract of breach of trust in the three kingdomes since his majesty wore the crowne . . the first charge is , that his majesty in publique speeches and declarations , hath laid a fit foundation for all tyranny , by this most destructive maxime or principle , which he saith , he must avow , that he oweth an account of his actions to none , but god alone ; and that the houses of parliament , joynt or separate , have no power , either to make or declare any law. that which all learned christians in all ages have taught , and all learned lawyers of this kingdome have alwaies held , and acknowledged , is not like to be a destructive principle , and a fit foundation for tyranny ; and surely this assertion of his majesties hath no lesse authority ; for the first , the incomparable grotius , upon whom all learned men look with singular reverence , saies , that even samuel jus regum describens , satis ostendit adversùs regis injurias nullam in populo relictam potestatem ; which , saies he , rectè colligunt veteres ex illo psalmi ; tibi soli peccavi : because being all , ejusàem ordinis , the people owe the same obedience to these , as they did to those , though the absolute power and jurisdiction the kings of israel had , be no rule for other princes to claime by : and grotius there cites saint ambrose his note upon the same text , neque ullis ad poenam vocantur legibus , tuti imperii potestate , homini ergo non peccavit , cui non tenebatur obnoxius . the wise and learned lord chancellor egerton , in his argument of the postnati , mentions some texts in the civill law , of the great and absolute power of princes , as rex est lex loquens , and rex solus judicat de causa à jure non definita , and saies , he must not wrong the judges of the common law of the kingdome , so much as to suffer an imputation to be cast upon them , that they or the common law doe not attribute , as great power and authority to their soveraigns the kings of england , as the canon laws did to their emperours ; and then cites out of bracton , ( the chief justice in the time of king hen. . and an authentique authour in the law ) these words , de chartis regiis & factis regum non debent nec possunt justitiarii , nec privatae personae disputare , nec etiam si in illa dubitio oriatur , possunt eam interpretari , & in dubiis & obscuris , vel si aliqua dictio duos contineat intellectus , domini regis erit expectanda interpretatio & voluntas : and the same bracton in another place saies of the king , omnis sub eo est , & ipse sub nullo , nisi tantum sub deo. the ground of that excellent law of premunire in the year of king rich : . c. . and the very words of that statute are , that the crown of england hath been so free at all times , that it hath been in no earthly subjection , but immediately subject to god in all things , touching the regality of the same crowne , and to none other ; and upon that maxime of the law , that good statute against the pope , was founded . if the king were bound to give an account of his actions to any person or power whatsoever ( god excepted ) he could not be the onely supream governour of this realme , which he is declared and acknowledged to be by the oath of supremacy , which every member of the house of commons hath taken ; or if he hath not , he ought not to sit there , or to be reputed a member of parliament by the statute of eliz. c. . for the other part of this most destructive maxime or principle , that the houses of parliament , joynt or separate , have no power either to make or declare any thing to be law , which hath not been formerly made to be so : it hath been the judgment and language of the law it self in all ages , and the language of all parliaments themselves . it was the judgment of the parliament in the year of king hen. . ( remembred and mentioned by the king , in his answer to the propositions ) that it is of the kings regality to grant or deny such of their petitions as pleaseth himself , which was the forme then usuall to present those desires , which by the kings approbation and consent were enacted into laws . it was the language of the law in the year of k. h. . reported by my lord dyer , that the king is the head , and that the lords are chief and principall members , and the commons , to wit , the knights , citizens and burgesses , the inferiour members , and that they all make the body of parliament : and doubtlesse the priviledge of parliament was not in that time held so sacred a thing , when an action of debt was brought against the sheriffe of cornwall for having discharged one trewynnard , a burgesse of parliament , taken in execution during the session of parliament upon a writ of priviledge directed to the said sheriffe , and the kings bench ( where the action was brought , and the sheriffe justified ) was in those daies the proper place to judge what was the priviledge of parliament , the law being the most proper judge of that priviledge , as well as of all other rights . it is the language of the authour of modus tenendi parliamentum , who lived before the time of william the conquerour , and it is the language of sir edw. coke in the chapter of the high court of parliament , which was published by a speciall order of the house of commons since the beginning of this parliament , that there is no act of parliament but must have the consent of the lords , the commons , and the royall assent of the king : and the same sir edward coke saies , in the . p. of that chapter , that innovations and novelties in parliamentary proceedings are most dangerous , and to be refused . it is the language of the parliament in the year of king james , when to the first act that was past , they desired his majesties royall assent , without which ( they say ) it can neither be compleat or perfect , nor remaine to all posterity , &c. lastly , it is the language of this present parliament , and in a time in which they were not very modest in their pretences , for in their declaration of the of may , they acknowledge , that by the constitution of this kingdome , the power is in his majesty and parliament together , albeit they conclude in the same declaration , that if he refused to joyne with them , they will doe their work themselves without him. there is no one proposition that hath more mis-led men , then the discourse of the parliaments being the supream court of judicature , and therefore that they have the sole power to declare law ; it is confessed , that the house of peers in parliament ( for any pretence of the house of commons to judicature is groundlesse , and unreasonable , and unheard of , till within these last seven years ) is the supream court of judicature , whither any person that conceives himself oppressed by the judgment of any other court , may by writ of error remove that judgment , of which he complaines , and from the sentence of that court there is no appeale ; which his majesty well expressed in his answer to that declaration of the of may , in these words , we deny not , but they may have a power to declare in a particular doubtfull case regularly brought before them what law is , but to make a generall declaration , whereby the known rule of the law may be crossed or altered , they have no power , nor can exercise any without bringing the life and liberty of the subject to a lawlesse and arbitrary subjection : which assertion the too sad experience of all men hath evinced to be most reasonable . the truth is , that power of declaring in a particular case so brought before them , is rather a power to declare what shall be done in that case , then what the law is ; for if they reverse a judgment brought before them , and determine the right otherwise , then it hath been judged by the sworne judges , that judgement is no rule to the sworne judges to judge by , but they may in the like case without imputation of crime or error , judge as they did formerly ; which shews that the judges are the onely interpreters of the law , in their severall courts , though in these cases , removed regularly before the lords , the party must acquiesce , there being no other court to appeale to . adde to this , that there hath been in all times , that reverence to the sworne judges of the law , that the lords in parliament have alwaies guided themselves by their opinion in matters of law ; neither will it be ever found before this parliament , that the house of peers ever declared or judged the law in any particular case against the unanimous opinion of the judges , who are assistants only for that purpose ; neither is it reason that any should be thought fit interpreters or declarers of the law , but they who have studied it , and are sworne to doe it truly . and to this point , though there are multitude of examples and presidents , there shall be one only remembred : in the parliament in the year of hen. . upon the of january , the commons desired , that william de la poole duke of suffolk should be committed to prison for many treasons & other hainous crimes cōmitted by him ; the lords in parliament were in doubt , what answer to give , they demanded the opinion of the judges , their opinion was , that he ought not to be committed ; and the reason was , for that the commons did not charge him with any particular offence , but with generall slanders and reproaches ; and therefore because the specialties were not shewed , he was not to be committed : this opinion was allowed , and the duke was not committed , till a fortnight after that the commons had exhibited speciall articles against him , that he conspired with the french king , to invade the realme , &c. and then he was sent to the tower : so great respect did those times beare to the judges of the law , and so much courage had the judges then to declare what the law was . having now made it manifest , that this most destructive maxime or principle , is no new position , but agreeable to antiquity , conscience , truth , and law , and therefore not like to be a fit foundation for all tyranny ; it will not be unseasonable , to observe that these words were spoken by his majesty at the first session of parliament in the year of his reigne , and that though the matter of them hath been often since , and must be alwaies averred by him ; the very words have not been used in speech or declaration by his majesty since the beginning of this parliament , and that that very parliament continued many months after , and never in the least degree made question of them , nor hath any objection been made to them , till this new declaration of the commons , near years after , and therefore it is not probable , that they have been before mis-interpreted or censured . it may be likewise in this place fit to inform the people , what these men meane by the power of declaring law , which they are so ambitious of ; that they may know how little else they would need to destroy king and people , if they were possessed of this power , in the sense they intend ; which will best appear by the instances in which they have assumed it . the king proclaimes sir john hotham guilty of high treason , for having shut the gates of hull , and having made resistance with armed men in defiance of his majesty , which he saies is high treason by the statute of the year of edw. . c. . they declare that sir john hotham did not shut the gates against him in defiance , but in obedience to his majesty , and that the meaning of that statute is onely against those , who levyed war against the kings laws and authority ; that the kings authority is only in them ; and they only can judge of the laws ; and therefore that they who shall levy war by their authority , ( though against the personall commands of the king , and accompanied with his presence ) incur no danger by that statute : and that they who did attend his person against them , are guilty of treason within that statute . the king for the information of his subjects , remembers them of the statute made in the year of k. hen. . cap. . by which it is enacted , that no manner of person , whosoever he be , that attends upon the king and soveraign lord of this land for the time being in his person , and doe him true and faithfull service of allegiance in the same , or be in other places by his commandement in his wars , shall be convict or attaint of high treason , nor lose lands , goods , &c. they declare that by the king , in this statute , is meant the parliament . if they are told the king is supreme head and governour over all persons within his dominions , and that he is so acknowledged to be by the oaths themselves have taken , they presently declare , that it is meant of singular persons rather then of courts , or of the collective body of the whole kingdome : examples innumerable of this kind might be remembred , and the consequence needs not be pressed . that the absurdity may a little appeare , as well as the mischief , they apply this faculty of declaring to the satisfying their curiosity , and supporting their credit , to matter of right , and matter of fact , or to any purpose that may advance their designes : they intercept a letter directed to the queens majesty from the lord digby before the war began , and declare it would be dishonourable to his majesty and dangerous for the kingdome , if it should not be opened ; and thereupon with unheard-of presumption , they open and peruse the letter , her majesty being within a daies journey of them : and when the king caused sir john hotham's letters to be opened , which were intercepted after he was in rebellion , they declare , that it was a high breach of priviledge , which by the laws of the kingdome , and by the protestation we are bound to defend with our lives and fortune . one master booth , a gentleman of quality of lincolnshire , delivered a petition to the king at yorke , in which he complained of certaine gentlemen , who as deputy-lieutenants , had put the ordinance for the militia in execution in that county ; and set forth in his petition severall actions done and words spoken by them at that time , and both himself and one master scroope made affidavit before a master of the chancery , that the information in the petition was punctually and precisely true ; which petition and oath being printed , the house of commons frankly declared , that it was false ; not to speak of their declaring that the kings comming to the house of commons was a trayterous design against the king and parliament ; and that his proclamation which he published for the apprehension of those members , was false ; so that this sole power of declaring , would not stand in need of any other power to subvert the whole frame of government , and so dispose of the intire rights of prince and people according to the variety of their appetites and humour ; for they say , as some presidents of their predecessours ought not to be rules for them to follow , so none can be limits to bound their proceedings . and in truth the inconstancy and contradiction in their rules and resolutions is no lesse observable then the other extravagancy ; in their petition of the of decem. . they declared , that the king ought not to manifest or declare his consent , or dissent , approbation or dislike of any bill in preparation or debate , before it be presented to him in due course of parliament ; yet within few daies after , in the petition that accompanied the remonstrance of the state of the kingdome , they desired his majesty that he would concur with them , for the depriving the bishops of their votes in parliament , the bill for that purpose being still depending in the lords house , and then not like to passe . by the order of the of january . and many declarations after , they declared , that if any person whatsoever , shall offer to arrest or detain the person of any member without first acquainting the house , that it is lawfull for him to stand upon his defence and make resistance , and for any other person to assist him in so doing ; but in their declaration of the of november following , they deny that they had said so , and acknowledged that a member in the cases of treason , felony , or the peace , may be arrested and detained in ordine to his appearance before the parliament . there would be no end of these instances , not to speak of those , where the house of peers have declared the law one way , and the commons an other , as in the order of the of september . . the next charge is , the private articles agreed in order to the match with spaine , and those other private articles upon the french marriage , so prejudiciall to the peace , safety , laws , &c. what those private articles were , or are , is not expressed , which doubtlesse would have been , if a reasonable advantage might have been hoped from it ; all those papers being seized and perused by those , who have neither respect to the dignity of their soveraigne , or regard of the honour of their country . the articles with both kingdomes , were transacted by the great wisdome of king james , and cannot be imputed to his majesty that now is ; neither is there in one , or the other , any one article that was not in the kings power to agree to , in the manner in which he did agree ; and that neither of them were prejudiciall to the peace , safety , laws , and religion here established , is most evident , for that peace and safety were never more visible , nor the laws and religion established did ever flourish more in any age , then from the time of those articles to the beginning of this unhappy parliament , which no discourse of correspondence with rome , can hinder from being acknowledged . . the third matter objected is , a discourse concerning the death of king james , in which there is mention of a clause in the impeachment carried up against the duke of buckingham by the house of commons , in the year of this king ; & that the king came into the lords house and took notice of that charge , and said , he could be a witnesse to clear him in every one of them ; and that shortly after the parliament was dissolved , and they conclude , that they leave it to the world to judge where the guilt remaines . during the life of king james , and to the hour of his death , there was no earthly thing he took equall joy and comfort in , as in the obedience & piety of his son ; who was not more reputed and known to be heire apparent to the crown , then to be the most dutifull and pious son in the kingdome , and was never known to displease his father in his life ; the king died in the year of his age , after many terrible fits of an ague which turned to a quotidian fever , a disease usually mortall to persons of that age and corpulency of body , which k. james was of . after his death , in the year of his majesties reigne , there was a parliament called , during which time there was never the least whisper or imagination of the king's death , to be otherwise then naturall , and yet the king had many great persons in his councel , and there were more afterwards in that parliament , who did not pretend any kindnesse to the duke of buckingham ; many of whom must necessarily have observed , or at least have been informed of any arguments for such a notorious and odious practice , and would not have suffered any jealousie , that could reflect on the duke , to be untaken notice of . by that time the parliament in the year of the king began , one george eglisham , an infamous scotch-man , and a papist , having an ambition to be taken notice of as an enemy to the duke , transported himself into flanders , and from thence about the beginning of that parliament , sent over a small pamphlet in the form of a petition in his owne name to the parliament , accusing the duke of buckingham of having poysoned the marquesse of hamilton , and king james ; which pamphlet was industriously scattered up and down the streets in the city of london ; and the house of commons being at the same time incensed against the duke , in their impeachment or remonstrance against him , thought fit to insert the giving of that drink , and applying that plaister ( which was all that was mentioned in that pamphlet concerning king james ) as a transcendent presumption in the duke , as is set forth in this declaration . if they had been ingenuous , they would likewise have set forth the duke's answer to that clause , and then the people would have understood that there was nothing administred to the king , without the privity of the physitians , and his own importunate desire and command ; the applications being such , as unlearned people upon observation and experience in those known and common diseases , believe to do much good , and the learned acknowledge can doe no hurt ; and the parliament continued above a week after that answer was put in , and no one person appeared in that time to offer the least evidence concerning that clause ; and the king might very well in justice to the honour of a faithfull servant discharge his owne knowledge to free him from so horrible an imputation ; and after the dissolution of that parliament , all imaginable care was taken to examine the grounds , and to discover the authours of that suggestion ; and it is known the miserable wretch , who raised the scandal , with great penitence afterwards acknowledged his villany , and died with the horrour of his guilt . in the year following , there was another parliament summoned , which continued and sate many months together before the dukes death , and which was not more devoted to him then the former had been ; where those two gentlemen mentioned in the declaration bore great sway , and were nothing reconciled to the duke or the court , yet in all their remonstrances , not the least word of that aspersion , all men believing and knowing it to be the most groundlesse , that could be imagined . after the beginning of this parliament when the licence of talking and preaching seditiously was introduced , it was whisper'd amongst some of the chief agents for the confusion which hath since followed , that they would examine the matter of the death of king james , and shortly after the businesse of the five members , when the king was at windsor , and the two houses governed so absolutely ; this pamphlet written so long since by eglisham was printed , and publickly sold in shops , and about the streets , and a very powerfull person of that faction , with some seeming trouble in his countenance , told one of the secretaries of state , that many took the liberty abroad to discourse too boldly of the death of king james , and that he would send one to him , a clergy man , who could give him a particular information of it ; the same night the man came to him , who told him that there was a papist , who lived about london , or in the nearest part of surrey , who reported , that he could prove , that king james was poysoned ; the secretary required the informer to attend him at an houre the next day ; and early in the morning , assembled the privy councell , acquainted them with the information , and the informer ; and desired their lordships advice and opinions what should be done upon it ; the most of them were very shy in the matter , and he who had first spoken of it , and sent the informer , seemed wonderfully troubled that it was communicated so publickly ; by which it was evident he had in the intimation some designe either upon that honourable person or his master , of which he hoped to have made another use : the secretary immediately after he had received the intelligence , sent an expresse to his majesty with the account , and that he intended forthwith to impart it to the councell , since it was no hard matter to guesse what was meant by those , who were privy to it , and therefore desired his further pleasure upon it ; and finding the swaying part of the councell at that time unwilling to meddle in it , he expected the king's command , and in the mean time only sent a warrant to apprehend that papist , which could not be done without the diligence and advice of the informer , who only knew where he was , and whom he required to assist . the same , or the next day the king returned his positive and expresse command , that the lords of his councell should use all possible industry and diligence in the examination , and leave no way unattempted for the full discovery : which command was immediately delivered by the secretary to their lordships , who thereupon gave some directions , but those lords who desired to conceale them , knowing onely who the authors were , though a formall order was given for the enquiry , no further discovery was made , or any avowed discourse of it till this declaration ; it being then said privately amongst themselves , that the time was not yet come , that they might make use of that matter . this is too much to be said , upon the occasion of this most impossible calumny and scandall , which hath never , nor can make impression upon any sober honest understanding , except to beget a horrour against the contrivers of it ; and all true english hearts will so far resent it , as to expresse a detestation of the authours , who being drunk with the bloud they have spilt , and confounded with the sense of their own wickednesse , have by this last impotent act , declared , that they are at the bottome of their malice ; and that by the just judgment of god , their wits are as near an end as their allegiance ; and that they have no other stock left , but of despaire and madnesse , to carry them through their impious undertakings . . the next reproach is the businesse of rochel , and that his majesty let divers of the navy royall , and other merchant ships to be imployed against those , whom he was engaged to have assisted ; and the king's letter to captain penington , which they say they can shew under his own hand , and that hereby rochel was betrayed . though the age , quality , and education of most of those who consented to this declaration will not admit a supposition , that they knew much of the transaction of this matter , yet there are some amongst them , who might well have remembred , that there was only one ship of the navy royall ( the vantguard ) lent by his majesty to the french king , and that the same was returned long before rochel was besieged , and neer if not full two years before it was rendered ; and therefore it would not be very easie to prove , that it was lost ( much lesse betrayed ) by that action , or that the ships were imployed against those , whom his majesty was engaged to have assisted ; but because much unskilfull discourse hath been of this argument to the prejudice of the king , and many wel-meaning people have been too credulous in it , without considering that actions of that nature between great princes , are grounded upon deep reasons of state , above the apprehension of vulgar understandings ; and that the king upon this new alliance , having at the same time a warre with spaine , had great reason to gratifie france in all offices of friendship ; it may be worth the labour briefly to set down the truth of that matter , and the proceedings thereupon . about the time of his majesties marriage with the queen , the french king had many designes upon italy , and a particular difference and contest with the states of genoa , and upon conclusion of that treaty , and renewing the antient league and amity , confirmed & strengthned by this marriage , his majesty was content to lend the vantguard , and to give licence that six or seven merchant ships might be hired ( if the owners were willing ) to serve the french king in the mediterranean sea , and upon a precise promise , that they should not be imployed against those of the religion in france : accordingly the vantguard ( and no other vessell of the navy royall ) was delivered , and the merchants ships likewise hired by the french agents , with the full consent of the owners , one of which ( or one by their nomination ) commanded each ship and carried the same into france , and there themselves delivered the ships into the possession of the french. after these ships were thus engaged in the french service , and joyned to their fleet , in which were ships of warre likewise borrowed of the hollanders , commanded by hauthaine the admirall , and dorpe his vice-admirall , who it is very probable , nor their masters , were privy , or consenting to that enterprize , and with which they were much superiour to those of the religion , though the english ships had been away , they fell upon the rochel fleet , and took and destroyed many of them ; the king was no sooner informed of this , then he highly resented it by his ambassadour , and the french king excused it upon those of the religion , who , he alleaged , had without cause , broken the peace ; the duke of subese having when all was quiet , seized all the french ships at blauet , which very ships made the best part of the fleet he had now incountred and broken ; and that the king of england ought to be sensible of the injury , the peace ( thus broken ) having been made and consented to by the french king , upon his majesties earnest mediation and interposition ; notwithstanding which his majesty justly incensed , that his ships should be imployed contrary to his pleasure and the promise made to him , immediatly required the restitution of his , and all the english ships , the which was no sooner made , then to publish to the world how much he was displeased with that action , he entred into hostility with france , the chief ground of that quarrell being , that the english ships had been imployed against those of the religion , contrary to the expresse promise made that they should not be used against them , as appears as well by the manifest of the duke of buckingham , dated july , and printed since this parliament , as by the records of state of that time . let the world now judge with what colour the losse of rochel ( which as is said before hapned not till neer or full two years after the return of the english ships ) can be imputed to the king. . the fifth article , is , the designe of the germane-horse , loanes , privy seales , coat and conduct mony , ship-mony , and the many monopolies ; all which , are particularly mentioned in the first remonstrance of the house of commons of the of december , . as the effects of evill counsellours , and with a protestation in that petition which accompanied it to his majesty , that it was without the least intention to lay a blemish upon his majesties royall person , but only to represent how his royall authority and trust had been abused : and finding that the vile language and aspersions which they cast upon the king were generally censured and ill spoken of , the lords and commons afterwards in their declaration of the of may , tell the people , that if they should say that all the ill things done of late in his majesties name have been done by himself , they should neither follow the direction of the law , nor the affection of their owne hearts , which ( they say ) is as much as may be to clear his majesty of all imputation of misgovernment , and to lay the fault upon his ministers ; and then finding fault with those , who make his majesty the authour of evill counsels , they use these words , we his majesties loyall and dutifull subjects , can use no other stile , according to that maxime of the law , [ the king can doe no wrong : ] but if any ill be committed in matter of state , the councell ; if in matters of iustice , the judges must answer for it : so that if they would guide themselves either by the good old , or their own new laws ( from which in truth they swerve no lesse , then from the other ) they have themselves answered , and declared against this article ; but since that is not currant , examine the particulars . the time when this designe is supposed to have been , was when his majesty had a war with the two greatest kings of christendome , france and spaine , and therefore if he had purposed to have drawn auxiliary forces into his service , it had been no wonder , nor more then all princes use , yet in truth , there was never any designe to bring in germane horse , only in those unquiet times when the kingdom was so much threatned from abroad , amongst other expedients , for strength and defence , such a proposition was made , or rather some discourse upon it , which the king rejected , and did never consent that it should be put in practice ; and therefore it may seem strange , that this designe should be now objected against his majesty , who alone refused and hindred it , and that balfore and dalbiere , ( who were the principall , if not the only projectors of it ) should be in such high reputation and esteem with the declarers . the loanes , privy seales , and other courses of raising money were upon extraordinary , and immergent occasions , and of the same nature , that have been in all times practiced , upon reason and necessity of state ; and monopolies are weeds , that have alwaies grown in the fat soile which long peace and plenty makes , and of that kind they may find a larger catalogue in their journall book of the year of queen elizabeth ( a time that no sober man complaines of ) then in any time since , and which was not then , nor reasonably can be imputed to the crowne , since new inventions have justly so great encouragements and priviledges by the law , that if those ministers , through whose hands such grants are to passe , are not very vigilant , it is not possible , but upon specious pretences , many things unwarrantable , of that nature , will have the countenance of the kings hand ; yet those particulars were no sooner complained of to his ma ty , then he willingly applied the remedies w ch were proposed ; & before these troubles began , passed such excellent laws for the prevention of the like inconveniences for the future , that a better security cannot be provided : so that men must think this rebellion to have been raised on the behalf of , not against those exorbitances , which without it , could never probably have been again exercised in this kingdome . and here the people cannot enough observe , and wonder , that these grievances should in this manner be objected against the king , who removed and abolished them , in a time when , and by those , who have renued and improved the same , and introduced new vexations upon his subjects in an illimited manner , and intolerable proportion . that , they should complain of a designe of bringing in german horse to enslave us ( which ( if any such designs were ) by the goodnesse of the king was frustrated and rejected ) who have actually brought in an army of all rations upon us , and have no pretence of continuing it , but that they may subdue us , dissolve the government of the kingdome , and make us slaves to their own passions and appetite . that , they should remember the king of inforced loanes , privy seales , coat and conduct mony , who ( since the same have been abrogated by him ) have by their ordinance , compelled men to lend the fifth and the twentieth part of their estates for the maintenance of their armies ; that fifth and twentieth part to be rated according to such proportion , as certain persons named by them shall assesse , and if any person shall refuse to pay the mony so assessed upon him , then collectors shall leavy it by distresse , and for want of distresse he shall be committed to prison , with such circumstances of severity and uncharitablenesse as were never exercised by any royall command . that , they should complaine of the ingrossing of gunpowder , in which his majesty did nothing but what by his legall prerogative he might do , who by their ordinance of the of april , . for the making of salt-peter , and by the other of the of febr. . for making gun-powder , have established all those clauses in his majesties commission of which there was any colour of complaint , to projectors of their owne , with so much worse circumstances , as the jurisdiction their committees exercise ( to whom appeales are to be made ) is more grievous , chargeable , and insupportable , then that was of the councell table . that , they should mention the patent of wine , which was to pay forty shillings upon the tun to his majesty , when by the ordinance of the of july , . they have laid an imposition upon it of six pounds , over and above all customes , and by the ordinance of the of october following , have authorized the vintners to sell it at as great , and some at greater prices , then was ever tolerated during the time of his majesties imposition . lastly , ( to omit the other particulars of salt , allum , tobacco , and the rest , upon every one of which they have by their particular ordinances laid much heavier taxes then was thought of in those times ) that they should reproach the king with the ship mony ( which by their own computation came not to above l . by the year ) as the compendium of all oppression and slavery , for which his majesty had a judgment in a court of law , before all the judges of england , and which was alwaies leavied by the due formes of law , and which his majesty , when he was informed of the injustice of it , frankly quitted , and did his best to pull it up by the roots , that no branch of it may hereafter grow up to the disquiet of his people , when themselves have almost ever since by that one ordinance of the of march , . imposed a weekly tax upon the kingdome of three and thirty thousand five hundred and eighteen pounds , which in the year amounts to no lesse then one million seven hundred forty two thousand nine hundred and odde pounds , to which they have since added by their ordinance of the of october , . for the relief of the brittish army in ireland a weekly tax upon the kingdome of three thousand eight hundred pounds , w ch in the year comes to one hundred ninety seven thousand six hundred & odde pounds ( as much as ever ship mony arose to ) over and above free-quarter , and all their other orders for sequestration , and twentieth part , and the cruell circumstances in the executing those and all other ordinances , against the irregular doing whereof , they will allow no appeale , to the judges , though of their own making , but reserve the intire connusance and direction to themselves . it is pity that parenthesis of the spanish fleet with a great army therein brought into the downes , . ( of which out of their goodnesse , they say , they will say nothing ) should receive no answer ; that having been often unskilfully spoken of , as it is now insinuated , as a designe against england , whereas they who know any thing , know , that fleet was bound from spaine to flanders , with mony to pay their army , and new leavied souldiers to recruit it , of which there was the greater number , because it was purposed to carry many old soldiers from thence to catalonia , but all those souldiers in the fleet were without armes , and without officers , and the fleet so far from being provided for an invasion , that in a little fight with the hollanders before the winde brought them into the downes , they had so near spent their powder , that they had a supply for their mony from london , which the king could not in honour and justice deny , the hollanders themselves offering them what powder they wanted for ready mony . . next follows the torture our bodies heretofore suffered by whipping , cutting off eares , pillories , and the like , with close imprisonment , aggravated with the dominion exercised over our soules , by oathes , excommunications , new canons , &c. by which they would have it concluded that his majesties government was full of cruelty and oppression . it is an undeniable evidence of the excellent government , sobriety , and obedience of that time , that there were not above six infamous persons , from the beginning of his majesties reigne , to the first day of this unhappy parliament , who were publickly taken notice of to have merited those corporall punishments and shame ; and of the mercy of that time , that those suffered no greater , there being not one of them who was not guilty of sedition to that degree , that by the law they were liable to heavier judgments then they underwent : and for the oathes , excommunications , ceremonies , and canons , they were no other , and no otherwise exercised , then was agreeable to the laws , and the government established ; of and for which , the sects , schismes , and heresies , the dissolutenesse , profanenesse and impiety , which have followed that since blessed order hath bin discountenanced and suppressed , hath made a fuller and more sensible vindication , then any discourse can doe . and here the people will again take notice , that these judgments and proceedings ( which alwaies passed in due form of law , in courts of justice , and in which no innocent man can pretend to have suffered ) are objected against the king , by those , who without any colour of jurisdiction , but what themselves have assumed and usurped , in stead of inflicting any ordinary punishment , take away the lives of their fellow subjects , who have not trespassed against any known law , and imprison others , with such unusuall circumstances of restraint , cruelty , and inhumanity , that many persons of reputation , integrity and fortunes , being first robbed and spoiled of all their estates , for not conforming themselves to the wickednesse of the time , have perished in prison , and very many of the same condition are like to doe so for want of such nourishment , as may satisfie nature ; and whosoever compares the good old oaths formed and administred by lawful authority , to every clause whereof the consciences of these very men have seemed fully to submit , with the oathes and covenants injoyned by themselves , will have reason to conclude mens soules were never in so much danger of captivity , and that what the worst men underwent for their notorious crimes in the time of which they complain , was recreation and pleasure , to what all are now compelled to endure for being honest and conscientious men . . the long intermission of parliaments is remembred , and that at the dissolution of some , priviledges have been broken , and that followed with close imprisonment and death . that long intermission of parliaments was graciously prevented and remedied for the future long before these troubles , by his majesties consent to the bill for trienniall parliaments , and the people would think themselves very happy , if they had no more cause to complain of the continuance of this , then of the former intermission , they having during those twelve years injoyed as great a measure of prosperity and plenty , as any people in any age have known , and an equall proportion of misery since the beginning of this : for the breach of priviledge , and imprisonment of members , the lawes were open for all men to appeale and have recourse to , and that single person that died under restraint , suffered that restraint by a judgment of the kings bench , so that if there were any injustice in the case , it cannot be charged upon his majesty . . the scene is now removed into scotland , and the new liturgy and canons with what succeeded thereupon makes up the next charge , aggravated with the cancelling and burning the articles of pacification which had been there made upon the mediation of the lords . if the king had not been so tender of the act of oblivion in the treaty of pacification between the two kingdomes , that he would not suffer any provocation to incline him to ravell into that businesse , he might easily have freed himself from all those calumnies and aspersions ; and it will be but justice and gratitude in that nation , highly to resent , that whilst all guilty men shelter themselves under that act of oblivion , his majesty ( who is the only innocent and injured person ) should have his mouth stopped by it ( which is his own expression and complaint in his answer to the declaration at newmarket ) from any reply to the reproaches cast on him in that matter ; otherwise he might easily have made it appear that that liturgy and those canons were regularly made and framed , and sent thither by the advice , or with the approbation of the lords of the councell of that kingdome ; and if the putting them in practice and execution was pursued with more passion & impatience there , then in prudence & policy was agreeable , the error was wholly to be imputed to those ministers of that kingdome , who were most proper to be trusted in it ; however , that so generall a defection , and insurrection was not in any degree , justifiable or warrantable by the laws of that kingdom , is most certain , they having no visible forme either of parliament or king to countenance them , as the army hath lately observed ; and that the pacification first made by his majesties mercy , and christian desire to prevent the effusion of the bloud of his subjects , how ill soever , was broken by them , and thereupon declined by the full advice of the lords of his councell , by whose unanimous advice the articles were publickly burned , as may appear by the record in the councell book of that transaction . . in the next is remembred , the calling and dissolving the short parliament , and the kings proceeding after the dissolution . that the calling that parliament was an act of the kings great wisdome and goodnesse , was then justly and generally acknowledged , and that it was in his owne power to dissolve it when he thought fit , is as little doubted , but that he did unhappily for himself , by false information in matter of fact , and evill advice dissolve that parliament , is believed by all men , and upon the matter confessed by himself , and that that information and advice was most pernicious , and the rise of all the miseries we have since undergone , is not denied ; and 't is therefore the more wondred at , that the charge of that guilt being part of the impeachment against two great persons , whose bloud they have since drunk , that particular was declined in the prosecution of them both ; and that though it be enough known by whose false information and instigation that unfortunate counsell was followed , extraordinary care hath been taken , that he should not be questioned for it , which , together with the excessive joy that the principall actors in these late mischiefs expressed at that sad time , gives men reason to conclude , that it was contrived by those who have reaped the fruit and advantage of the error : what the king took from his subjects by power , which he could not otherwise obtain , after that dissolution is not particularly set forth , and therefore it is very probable there was no ground for the calumny , nor indeed was any man a loser by any such act of his majesty . . thus far the catalogue reaches of the kings enormous crimes during the first sixteen years of his reigne to the beginning of this parliament , in which they confesse they proceeded with ease , as long as there was any hope , that they would comply with his majesty against the scots , and give assistance to that war ; but when he found that hope vaine , and that they began to question the authours of those pernicious counsells , his majesty discovered himself so strongly and passionately affected to malignant counsellours , and their councells , that he would sooner desert and force the parliament and kingdome , then alter his course , and deliver up his wicked counsellours to law and justice . there are not so many years expired since the beginning of this parliament , ( though it hath been a tedious age of misery and confusion ) but that all mens memories will recollect and represent to them the folly and the falshood of this charge : it is not imaginable that the king could expect after the beginning of this parliament , that it would comply with him and give him assistance in a war against the scots , when he plainly discover'd , that they who were like to be , and afterwards proved , the chief leaders , and directors in that councell , were of the same party ; and how far he was from sheltring any counsellour or servant from justice , or any colourable proceeding of the law , is as well known : neither did he deny his royall assent to any one bill , till after he was by force & tumults driven from white hall , and after he had indeed consented to whatsoever could be honestly asked of him for the security and benefit of the kingdome . . the queen is too near his majesty not to bear a part and a share with him in these calumnies , and therefore her designe to advance popery is remembred , and her observing a popish fast , with secretary windebanks going beyond sea by his majesties passe , after he was questioned by the house of commons . what that designe of her majesty was for the advancement of popery , is not particularly mentioned , and therefore no answer can be given to it , and having expressed so much undutifulnes & malice to her majesty , throughout the whole course of their rebellion , it is not probable they have concealed any thing they could lay to her charge ; for the fast observed by her , it is well known that the time of it , was when the king was in the field , and his person liable to much danger , which piety and devotion was very agreeable to her goodnesse and exemplar affection towards her husband ; and the kingdome would think it self abundantly blessed , if the fasts since observed by these men had produced no worse effects , then that did , w ch was observed by her m ty , for s. windebanke , the house of cōmons had it in their power to have proceeded against him , & to have prevented his escape , he being in the house , and according to order withdrawn into the committee chamber , after the report was made , and after as much appeared against him , as was ever objected or discovered afterwards ; but the house , contrary to custome rose without proceeding upon it , and therefore his majesty might very well give him leave to dispose of himself : and the truth is , they by whom the house was then guided , were best pleased with his absence , and purposely declined the proceeding against him , when he was in their hands , thinking it easier to procure his place for one of their principall members to whom they had designed it , upon the advantage of his flight , then if he had staid to abide his triall , which for many reasons they would not have thought fit to hasten , or to proceed in . . the allegations of commissions given to popish agents for private leavies ( except they intend the collections made amongst the papists of money for the kings expedition into the north , which was likewise amongst , and no lesse liberally complied with by the lords of the privy counsell , and the other protestants of the best quality throughout the kingdom ) or that the papists began to rise and arme themselves in the northwest of england and wales , the raising soldiers under pretence for portugal , and the seizing of the tower , are so stale , vaine , and ridiculous , that ( though upon the first contrivance of them , the fame served the turn of the contrivers , mens observation and knowledge having since informed them , that there was nothing like either of them ) there needs no further answer to them . . the next article is , the great caball for bringing up the northerne army to over-awe the parliament , the chief part of which they can prove ( they say ) to come from himself to the maine actors , though the king did so often and solemnly dis-avow it , as nothing but loose discourses of a modest petition , which also vanished two or three months ( he saith ) before they knew of it . they doe well to except against the kings positive denying it , when they have onely their owne confident and positive affirming it for proof ; but they had need suppresse and burn all his majesties declarations and answers , in which he hath abundantly satisfied the world in this particular , as well as they restrain his person , and as they have concealed all those depositions taken by themselves in this argument , which would manifest clearly , that there was no such designe by his majesty , so they need recall all those they have already published , if they desire to have that designe believed . the king in his answer to the declaration , presented to him at newmarket , uses these words , we cannot without great indignation , suffer our self to be reproached , to have intended the least force or threatning to our parliament , as the being privy to the bringing up the army , would imply , whereas we call god to witnes we never had any such thought , or knew of any such resolution concerning our late army ; and afterwards his majesty in his declaration of the of august ( a declaration that never was offered to be answered ) at large set forth all he ever knew of that businesse , or which upon exact inquiry he could imagine to be in it , by which it plainly appears , that some officers of the army , ( of very good and confessed reputation for their affection to their country ) observing the strange petitions every day presented to the house of commons against the established laws and government of the kingdome , and the unlawfull manner in the delivering those petitions , by thousands of disorderly persons in tumults , supposed , that a petition of a most modest and dutifull nature from the whole army , for the composing and setling all grievances in the church and state by law , might for the reason of it prevaile with the whole house , and coming from such a body , might confirm those , who might be shaken with any fears of power or force by the tumults ; and his majesty being made acquainted with this proposition , gave his full approbation to it , which he had great reason to do , since as there was notable industry used to corrupt his army , and to make it applicable to the ill purposes then resolved on ; so pains was taken to perswade the people , that it was in truth very indevoted to the king , and ready to serve the parliament any way it should direct ; and ( as his majesty saies ) if in the managery of this debate , any rash discourses hapned of bringing up the army , it is evident whether they were proposed in earnest or no , that they were never entertained , and the whole matter was laid aside , above two months before any discovery , so that that danger was never prevented by the power or wisdome of parliament . it appears by the evidence and depositions published by themselves , by the order of the of may , . together with that declaration , that this dangerous plot began without the least privity of the kings , upon some officers taking offence & dis-like , that of fifty thousand pounds ordred for payment of the kings army , ten thousand pounds was taken by an after order out of that summe to satisfie a new motion and importunity from the scots : and that those officers upon that distast discoursed , that they were disobliged by the parliament , and not by the king , and thereupon concluded to tender their services to his ma ty in all things honourable and agreeable to the fundamentall laws of the kingdome ; that in debates afterwards together , mention was made of bringing up the army to london , and making sure the tower ; and as soon rejected , as proposed ; and onely proposed ( as their evidence saies ) to shew the vanity and danger of other propositions : and that when the king was made acquainted with it , he said , those waies were vain and foolish , and that they should think of them no more . that the petition it self , which his majesty approved , was not above the size of petitions , and very much modester then any one petition received by the authors of this declaration with approbation , appears by the petition it self to be read in the pag. of the vol. of the collect. of ord. published by themselves , which being directed to the two houses , as well as to the king , took notice of the seditious tumults , which they said , had beset the parliament and white-hall it self , not onely to the prejudice of that freedome , which is necessary to great councells and judicatories , but possibly to some personall danger of his sacred majesty and peers , and therefore desired that the ring-leaders of those tumults might be punished , and that his majesty and the parliament might be secured from such insolencies hereafter ; for the suppressing of which they offered themselves to wait on them , if they pleased , which hath not been since thought so unnaturall a security , an army being since called up and kept about them , upon the same pretences , to the same purpose , of which more must be said anon : and for the strangeness suggested , that three gentlemen should flee beyond sea upon discovery of a modest petition , it is no wonder , when men were every day imprisoned , ruined , and destroyed upon the most triviall discoveries , and unreasonable conjectures and apprehensions , that men desired to avoid their judgment , ( who had it in their power to put what interpretation they pleased upon any discovery , and to inflict what punishment they thought fit upon such interpretation ) or that the king contributed his allowance to remove his servants from such a tribunall . it is a wonderfull presumption these men have upon the credulity of the people , that they will not examine the truth of any thing they alleage , how easie soever it is to disprove them ; otherwise they would not affirme that at the meeting of officers at burrough-bridge , propositions were made , and private instructions brought from the king , whereas it appears , by their own evidence , that capt. chudleigh , who is supposed to have brought those propositions thither ( and what they were , appears not ) did not receive those propositions from the king ; and that when he kissed the kings hand , his majesty spake not a word to him of those propositions , which without doubt he would have done , if he had been privy to , or expected any thing from his agitation , it being not alleaged that there was any other officer of the army at that time so immediatly imployed or trusted in that agitation : and as there hath not been the least colourable evidence in any of the depositions then or since published , which can reflect upon the king ; and as there is much in master goring's second examination , and other depositions , suppressed by them , which if produced , would manifest that there was never any such designe , as is suggested ; and that to the very communication concerning it , the king was not any way privy , and dis-liked it when he heard of it . so it was observed then , and not a little wondred at , that capt. chudleigh , who was the principall person imployed , and who confesses in his examination of the of may , that he used all his power to incense the army against the parliament ; and to kindle a zeale in them towards the king , was so far from being in disfavour with them , that he was immediately imployed by them into ireland , and afterwards re-called thence , and trusted in the second , if not the first command in the west against the king , which they would not have done , if he had been in that manner first engaged by his majesty . for the discourse of the prince his meeting the army , with the earle of newcastle and a body of horse , it is proved to be by a private major in the army , who had not only any relation to the king , but at that time had never spoken word with his majesty in his life , and had no more ground , then the other of the designe , for some french to seize on portsmouth , which is so ridiculous , that it needs no other answer then repeating it . . the offers made to the scots of the plunder of london , if they would advance , or of four northerne counties , with three hundred thousand pounds or iewels of great value , but to stand newters in that designe , is another impossible branch of this charge , for which there appears not the least pretence of proof in any thing published by them , ( and they have not been tender of publishing all they know , or imagined ) but that master oneale asked sir jacob ashly , what if the scots could be made newtrall ? it is not imaginable that the king knew not the temper of that time , ( which he so grievously felt ) well enough , to conclude that the parliament and the scots were too fast combined , to be sever'd for any interest of his ; and the offer of four northern counties , ( a thing so confessedly out of the king's power to give ) is so senslesse a calumny , that no man , out of the highest fit of madnesse can believe it , and they to whom this offer is supposed to be made , would in all this time have accused the king of it , if they had been able to justifie any thing like it . however it is to be observed , that though these men hold these imaginable overtures and designes to be very hainous crimes in the king , they reckon the reducing such designes into reall and compleat execution , no offences in themselves ; and that though the king may not wish his subjects of scotland to stand newters in the differences between his majesty and his english people , yet it is no fault in them to engage that nation to assist them in armes against the soveraigne of both kingdomes ; and though a cursory discourse by other men of bringing up the army to awe the parliament , be alleaged as a breach of trust against the king never to be forgotten , yet the actuall bringing up an army upon them , and thereby awing it so far , as the driving away many members , and making those who remained do any thing that army directs , is no offence in them , either against the freedome or priviledge of parliament . to that clause his majesty not being perswaded by their petitions to defer his journey into scotland , in the year . there needs no answer , then the remembring his majesties owne words in his declaration of the . of august , which are these : we gave them warning that if there were any more good bills , which they desired might passe for the benefit of our subjects , we wished they might be made ready against such a time , when we resolved , according to our promise to our scotch subjects ( with which they were well acquainted ) to repair into our kingdome of scotland , to settle the unhappy differences there ; upon this we were earnestly desired by both our houses of parliament to defer our journey thither , as well upon pretence of the danger , if both armies were not first disbanded , as that they had many good lawes in readinesse for the setling of differences here , we were by their intreaty perswaded to defer our journey to a day agreed on by themselves , &c. which relation at large of what followed , may satisfie all men of his majesties extraordinary complyance ; and when he went , he left such a commission behind him , as was agreeable to law , and sufficient to prevent any inconveniences which might arise in his absence ; whereas , that desired by them ( being to consent to all acts they should passe before he returned ) was so monstrous , illegall , and unheard-of , that they were themselves ashamed to presse it farther , and rested satisfied , with that which his majesty granted ; nor does it appeare that there was in any time before , any issued out by the means of secretary windebanke of a larger extent ; or that was not agreeable to law , and the policy of that time . . now succeeds the high charge of the businesse of ireland , as if they hoped to perswade the people , that the king is accessary to a treason and rebellion against himself ; and that in a time when there were so great distractions in two of his kingdoms ▪ he should himself put the third into a flame , that so he might have none to help him , to quench the fire that was kindled in the other ; the particulars out of which this grand charge is compounded shall be severally examined . they who have used no kind of conscience or civility in the publishing all letters of his majesties , ( by what ill means soever the same have come into their hands ) which they imagined might by the simplicity and weaknesse of the people , or the most malitious glosses and interpretations they could put upon them , beget any prejudice to his majesty , cannot be imagined now to conceale any thing that would contribute to their purpose , and therefore their not publishing those letters , which they say the king sent into ireland by the lord dillon , immediately before the rebellion , is argument sufficient , that either there were no such letters , or nothing in them , which can in any sense reflect upon his majesty ; nor can it find credit with any ( not malitiously and stupidly sottish ) that after so many reiterated infusions into the people by their severall declarations that the rebels of ireland avowed , that they had a commissiion under the great seale of england for what they did ; it is now inverted into a commission under the great seale of scotland , sealed at edenburgh when the king was last there ; when it is knowne he could no more have affixed that seale ( in whose hands soever it was ) to any such instrument , ( if he had had the will , which no christian believes he had ) then he can now dispose of that at london , of which commission , the world should long since have been informed by the scots , if they could have found a probable ground for the suggestion : and surely these men would have published the depositions of those , who ( they say ) have seen it , if they had believed them such , as would find credit amongst men . what was promised to the irish committee at london , is like to be much better known to the authours of this declaration , then to his majesty , the greater part whereof being papists , and since active rebels , having during their stay in london , so great an interest in the powerfull and active members there , that they were able to prevaile with them to interpose in the affairs of that kingdome in such manner as they desired ; and very probably then laid the foundation , and designe of their future rebellion , upon the principles they then saw introduced and countenanced here : by the earnest advice , and importunate interposition of some of those principall members , they prevailed , that after the death of the lord deputy wansford , no such person might be appointed temporarily to succeed , as was like by his power and vigilance to prevent the wickednesse they intended ; and if the king gave away , or promised them more then five counties , it was not upon their private mediation , but their publique addresse according to their instructions from the parliament , after the house of commons had made the recovery of , and intit'ling his majesty to those counties , a particular article of their impeachment against the earle of strafford , and so blemished his majesties just and legall interest , and what his majesty did thereupon , was by the full and deliberate advice of his councell board , according to usuall forms observed in the affairs of that kingdome : it is very probable that his majesty might think himself at that time oppressed by the two houses of parliament , as he had great cause , but that he should expresse so much , and wish that he could be revenged on them , to , or before that committee , whom at that time he had reason to believe to be combined with the other , is more then very unlikely . the not disbanding the irish army is next remembred , and indeed ought not to be forgotten ; the not seasonably disposing that body , giving ( no doubt ) a great rise , and contributing much to the rebellion , that shortly after brake out ; but where the fault of that was , is as evident . that army was justly and prudently raised , when the intention in scotland was clearly known to invade england , and with a purpose to restraine or divert that expedition , and if need were , to reduce that kingdome to their allegiance , which was the sense , and could be no other of those words charged upon the earl of strafford , if any such words were spoken : and after the scots army was entred england , it was no wonder if the king were not forward to disband that army , till he could discerne that the other did in truth intend to return , and he no sooner was confident of the one , then he resolved the other ; but then he wisely considered that the disbanding such a body at that time , when so much licence was transplanted out of this , into that kingdome , was not so like to contribute to the peace of it , as the transporting them ; and therefore his majesty agreed with the spanish ambassadour , that he should have leave to transport three or four thousand of them for his masters service , which was no sooner known , but the irish committee then at london ( who , it may be , had otherwise design'd the service of those men ) prevailed with the house of commons to interpose , and hinder the execution of that agreement , who ( principally , upon consideration of the umbrage the crowne of france might take at such an assistance given to spaine ) pressed the king to revoke that grant , and to consent to the disbanding ; that objection was easily answered by his majesty , having agreed likewise with the french ambassadour , that the like number should be likewise transported for france , whereby the whole army , would have been disposed of ; against which the irish committee more pressed then against the other , alleaging that there were not men in that kingdome to spare : whereupon , the house of commons ( by their private agents ) prevailed with the french ambassadour ( who more desired to hinder the supply for spaine , then to procure the like for his master , and it may be , to see the king controlled by the parliament then either of the other ) to release the king of his promise to him , so that they would prevent the spaniard's having any men ; and thereupon they re-inforced their importunity to the king for the present disbanding , and not sending any of that army out of ireland in such a manner , as his majesty was forced to yeild to it ; and thereby ( no question ) much was contributed to the opportunity and disposition of rebelling ; and to whose account that advantage is to be put , all the world may judge : yet it may be fit to observe , that of that irish army ( which these men would have believed to be no lesse then a stratagem against the protestant religion ) not one officer above the quality of captaine , and not above two of that condition , have served in that rebellion in ireland against the king. in all rebellions the chief authors and contrivers of it have made all fair pretences , and entred into such specious oaths , as were most like to seduce and corrupt the people to joyne with them , and to put the fairest glosse upon their foulest combination and conspiracy , and therefore it is no wonder , if the rebels in ireland framed an oath by which they would be thought to oblige themselves to bear true faith and allegiance to king charles , and by all meanes to maintain his royall prerogative , at a time when they intended nothing lesse ; and owen connelly ( who was the first happy discoverer of that rebellion ) in the same deposition , in which he saies the rebels would pay the king all his rights , saies likewise , that they said , they took that course to imitate scotland , who got a priviledge by it : and marke paget in the same examination , in which he saies , that the rebels report that they have the kings warrant and great seale for what they doe ; saies likewise , that they threaten , that as soon as they have rooted out the brittish and english there , to invade england , and to assist the papists in england : and therefore it is a wonderfull thing , that what they sweare , or what they say , should be imputed to him , against whom they have rebelled and forsworn themselves . the authours of this declaration have ( besides their oaths of allegiance and supremacy ) in the protestation of the . of may , sworn , that they would maintaine and defend the kings royall person , honour , and estate ; and shortly after would perswade the people , that they were by that very protestation obliged to take up armes against him ; in their declaration of the . of may , they used these words , the providing for the publique peace and prosperity of his majesty and all his realmes , we protest in the presence of the all-seeing deity , to have been , and still to be the only end of all our counsells , and endeavours , wherein we have resolved to continue freed and enlarged from all private aymes , personall respects , or passions whatsoever : and the very next day voted , that he intended to make war against his parliament , and that whosoever should serve or assist him were traytors by the fundamentall laws of the kingdome , and ( upon that conclusion of his intention ) actually leavied an army , and marched against him . in their petition of the . of june , they tell him , that they have nothing in their thoughts , and desires , more pretious and of higher esteem ( next to the honour and immediate service of god ) then the just and faithfull performance of their duty to his majesty , and together with that petition , present the . propositions to him , by which they leave him not so much power in his kingdome , as the meanest member of either house reserves to himself . lastly , ( to omit infinite other instances ) in their instructions of the . of august to the deputy lieutenants of cheshire , they required them to declare unto all men , that it had been , and still should be , the care and endeavour of both houses of parliament to provide for his majesty , that they doe not , nor ever did know of any evill intended to his majesties person , when the only businesse and end of those directions and instructions were to raise that whole county against him ; so that this clause of the rebels oath in ireland , is no more to be objected against the king , then those other clauses in their own oaths and declarations , which they have not yet charged his majesty withall . concerning the proclamation against the rebels in ireland , which they say , they could not obtaine in divers months , and then that but copies were printed , and expresse order given that none should be published till further directions : hear his maj. own full answer to that charge in his answer to the declaration of the . of may , in these words , 't is well known that we were , when that rebellion brake forth , in scotland , that we immediatly from thence recommended the care of that businesse to both houses of parliament here , after we had provided for all fitting supplies from our kingdome of scotland , that after our returne hither , we observed all those formes for that service , which we were advised to by our councell of ireland , or both houses of parliament here ; and if no proclamation issued out sooner , it was because the lords justices of that kingdome desired them no sooner ; and when they did , the number they desired was but twenty , which they advised might be signed by us , which we for expedition of the service commanded to be printed ( a circumstance not required by them ) and thereupon signed more then they desired : so that it is an impudent assertion , that they could not obtain a proclamation in divers months , when they never so much as desired or moved it ; and it was no sooner moved to the king , but he gave order in it the same houre . but it will not be amisse , ( since this particular hath bin with so much confidence , and so often unreasonably objected against his majesty ) to speak somewhat of the custome and order usually observed in sending proclamations into that kingdome , and of the reason why so many , and no more were at that time sent : except upon any extraordinary reasons , the king never signes more then the first draught of the proclamation , fairly ingrossed in parchment , which being sent to the lord deputy , or lords justices in ireland , is there printed , and the printed copies dispersed , as they are in england ; his majesties signe manuall being not to any of those copies : the lords justices and councell , taking notice of the rumour industriously spread amongst the rebels that they had the kings authority for what they did , which might get credit amongst some ; desired , that they might have twenty proclamations sent over signed by the king's signe manuall , to the end , that besides the printed copies , which they would disperse according to custome , they might be able to send an originall with the king's hand to it , to those considerable persons , whom they might suspect to be misled by that false rumour , who when they saw the king 's very hand , would be without excuse if they persisted : this letter and desire from the lords justices and councell , was communicated at the councel board , and the resolution there taken , that they should have double the number they desired , signed by the king ; and because the ingrossing so many copies would take up more time , directions were given for the printing forty copies , all which were signed by his majesty , and with all possible speed dispatched into ireland ; and the caution that there should be no more printed , then were sent away thither , was very necessary , left the rebels , by having notice of it , should find some device , to evade the end , for which they were sent , and be prepared to defend their old , or raise some new scandall upon his majesty ; besides that there was no imaginable reason , why any more should at that time be printed in london . what was written from court to the lord muskery , that his majesty was well pleased with what he did , cannot reflect upon his majesty , nor had the person who is supposed to have written such a letter ( whom they have in former declarations declared to be the lord dillon ▪ & who expresly denied the ever writing any such letter ) any place or relation at court , and the king had good reason long after to write to the marquesse of ormond to give particular thanks to muskery and punket , they having bin both at oxford , imployed by the irish to his majesty during the cessation , and having made there such professions of their endeavours to reduce the other to reason , as might merit his majesties thank and acknowledgment , which his majesty hath been as forward to give to such of the rebels here , as have expressed any moderation or inclination to return to their obedience , and yet he was never well pleased with what they have done , nor can give them thanks for it . for the delaying and detaining the earle of leicester , beyond all pretence from going against the rebels , it is wel known how often his majesty pressed the houses , that he might be dispatched and sent away , and that it was one of the reasons , which his majesty gave in his answer to the petition of both houses of the . of april , of his resolution to go in person into ireland , because the lord lieutenant on whom he relied principally for the conduct and managing of affairs there , was still in this kingdome notwithstanding his earnestnesse expressed , that he should repair to his command ; after which , it was neer three months before any preparation was made for his journey , and then about the end of july or beginning of august his lordship came to the king at yorke , to receive his instructions , pretending to have his dispatch so fully from the two houses , that he would return no more thither , but as soon as he could have his majesties command , he would immediately to chester , and imbarke ; this being about the time that the king was preparing forces for his defence against the earle of essex ; the earle was detained about a month before he could receive his instructions , and all those dispatches that were necessary , and then he took his leave of his majesty , with profession of going directly to chester , but either by command or inclination , that purpose was quickly altered , and his lordship returned to london , where he was detained full two months longer , and then was commanded expresly by the houses to repair to chester , and not to wait on the king in his way , though his majesty being then at oxford , he could not avoid performing that duty , but by avoiding the ordinary road ; when the king heard of his being at chester , where he expected the ships that were to transport him above three weeks , and that there was no other force in readiness to be sent with him , but his own retinue , those regiments of foot and troups of horse which had been raised for that service having been imployed against his majesty at edge-hill , and being still kept as a part of the earle of essex his army , and that there were none of those provisions or mony to be now sent over , which had been importunately desired by the councell of that kingdome , his majesty considered that the rebels , having been kept in some awe , with the apprehension of the lord lieutenant's comming over with all such supplies as were necessary to carry on the war , ( the assurance whereof had likewise kept up the spirits of the protestants there ) if he should now arrive there in so private a manner , without any addition of a strength , or provision for the supply of that strength that was there , it would bring at the same time the greatest affliction , and dis-heartning to his protestant subjects that could be imagined , and an equall incouragement to the rebels , and therefore his majesty sent for him to oxford , till he might receive better satisfaction from the houses concerning their preparations for that kingdom : so that by whom the earle of leicester was delaied and detained , the world may judge . the kings refusall of a commission for the lord brooke and lord wharton , hath been long since answered by his majesty , the truth of which answer was never yet denied , or replied to ; that the forces to be under their command , were raised before his majesties commission was so much as desired ; and then the commission that was desired , should have been independent upon his majesties lieutenant of that kingdome , and therefore his majesty had great reason not to consent to it : and how reasonably those persons were to be trusted with such a command , may be judged , by their bringing those very forces which were raised for the relief of the poor protestants of ireland , against the rebels there , to fight against the king at edge-hill within a very short time after those commissions were desired . they say they have long since named divers papists and persons of quality , that by the kings speciall warrants after the ports were shut by both houses of parliament passed hence , and headed the rebels , when they wanted commanders ; examine the truth of this , which all men who will take the pains may be judges of . his majesty taking notice of the effect of this charge , to be spoken by master pim at a conference with the lords about the beginning of february , . ( the speech being printed ) by his message of the . of that month to the house of commons , required to know whether such a thing had been said , and if so , upon what ground , his majesty being sure he had used all caution in the granting of passe-ports into ireland . the commons answered , that the speech delivered by mr. pim , was agreeable to the sense of the house , and that they had received divers advertisements concerning severall persons who had obtained his majesties immediate warrant for the passing into ireland , since the order of restraint of both houses ; some of which , as they had been informed , since their comming into ireland , had joyned with the rebels , and been commanders amongst them , and some others had been staid , and were yet in safe custody , the names of whom they set downe , being all in custody , and said the particular names of others they had not yet received , but doubted not , but upon examination they might be discovered : but they said they believed it was by the procurement of some evill instruments too near his royall person , without his majesties knowledge , and intentions . the king hereupon replied , that the persons named to be under restraint , made not good the assertion in that speech ; besides that , their passes were granted by his majesty at his being in scotland , long before the restraint , and being persons of whose good affections there was then no suspition ; and that he was most assured that no such person as was comprehended under that charge had passed by his warrant or privity : and then he desired his house of commons to consider whether such a generall information and advertisement ( in which there was not so much as the name of any particular person mentioned ) be ground enough for such a direct and positive affirmation , as was made in that speech , which in respect of the place and person , and being acknowledged to be agreeable to the sense of the house , was of that authority , that his majesty might suffer in the affections of many of his good subjects , and fall under a possible construction ( considering many scandalous pamphlets to such a purpose ) of not being sensible enough of that rebellion , so horrid and odious to all christians , by which in this distraction , such a danger might possibly insue to his majesties person and estate , as he was well assured his house of commons would use their utmost endevours to prevent ; and therefore his majesty said , he expected that they should name those persons , who by his licence had passed into ireland , and were there in the head of the rebels ; or that if upon their examination they did not find particular evidence to prove that aspersion ( as his majesty was confident they never could ) as that affirmation which did reflect upon his majesty was very publick ; so they would publish such a declaration whereby that mistake might be discovered , his majesty being most tender in that particular , which had reference to ireland , as being most assured , that he had been and was from his soule resolved to discharge his duty ( which god would require at his hands ) for the relief of his poore protestant subjects there , and the utter rooting out that rebellion . it was above a month before the king could receive any other answer from them , and then they said , that they had affirmed nothing , but what they had cause to believe was true , and presented some of their grounds to his majesty ; one of which was , that those licences granted to the persons under restraint were apt to produce such an effect as was mentioned in that positive affirmation ; and another ground was , that his majesty could not be assured , that no other did passe upon his licence , and they had cause to believe , that some did , because they received such generall information : which reasons ( with some other of the same kind ) they said , they hoped would be sufficient to perswade his majesty to believe , that as they had some cause to give credit to the said informations , so they had no intention to make any ill use of them to his majesties dishonour , but did impute the blame to his ministers . the king replied again to that message , that there was nothing yet declared , that would be a ground for what mr. pim had so boldly affirmed , for yet there was not any particular person named , that was so much as in rebellion , much lesse in the head of the rebels to whom his majesty had given licence , and therefore . he expected , that the house of commons should publish such a declaration , whereby that mistake might be cleared . since that time to the houre of the publishing this declaration , they have never made the least addresse , or given the least information or satisfaction to his majesty in that particular , which they then said they had no intention to make use of to his dis-honour ; so that this last presumption could proceed only from a confidence that the people would believe what they said , not examine the truth of it . what they mean by the commanders and officers , whom the king ( they say ) called off from their trust against the rebels ; and ships from their guards at sea , that so the rebels might be supplied with forain aides , is not understood , except by the ships they meane those under the command of captain kittleby , and captaine stradling , who then attended the irish coast , when all his majesties fleet was seized by the two houses , and imployed against him , and whom his majesty upon that occasion , and confidence of the loyalty of the commanders , required to attend him with their ships about newcastle , or the north of england , that he might have two of his owne ships at his disposall , and at the same time ( that any inconvenience might be prevented by the comming of supply to the rebels ) his majesty gave notice to the two houses of his command in that particular , and required them to take care for the guarding of that coast , which they altogether neglected ; notwithstanding that they found meanes likewise to seize those two ships , which his majesty hoped he should have been possessed of . nor is it better understood what they mean by supplies from the earle of antrim and lord aboyne , or of armes and ammunition from the king's magazines , or from the queen , which no sober man believes , or of which no evidence or instance hath so much as been offered : some few suits of clothes in the beginning of the war were taken by the kings souldiers about coventry , when that city was in open rebellion , which they pretended were prepared for ireland , and which his majesty did what could be done to cause to be restored , but it was not possible , and was apparently their fault , that would not send for a safe conduct , when they were to passe through his majesties quarters . and how far the king was from consenting to , or approving that action , appears by his majesties expresse command ( which was executed accordingly ) for the transporting into ireland of three thousand suites of cloths , which he found provided for that service at chester , after his majesty was possessed of that city , and which had been neglected to be sent , and which no necessity of his own army could prevaile with him to seize , or divert from that necessary use for which they were provided . his maty never denied any pieces of battery desired by the councell of ireland , nor is there the least colour to affirm the same ; what directions the rebels give in their letters of mart , or whether they gave any such directions as are alleaged , is no way materiall as to his majesty ; and for officers and commanders , who left their trust against the rebels , it is sufficiently known , that the earle of leven , who by his majesties consent was sent generall of the scots into ireland against the rebels , was called from thence to lead an army into england against his majesty ; and when the king's commissioners at the treaty at uxbridge alleaged and complained , that many officers both scots and english had in the beginning of that war left that service , and been entertained by the two houses against the king , all the answer they could receive was , that they were not sent for . this being the case ( as without any possibility of contradiction it is ) these gentlemen had no more reason to believe the rebels , when they did so often swear they did nothing without good authority and commission from the king , then the rebels had to believe them , when they swore on the . of october , . that no private passion or respect , no evill intention to his majesties person , nor designe to the prejudice of his just honour and authority , engaged them to raise forces , and the next day gave his majesty battle at edge-hill : nor is it more materiall , that sir phelim oneale would not be perswaded , that generall laesly had any authority from the king against the rebels , then that these gentlemen should be perswaded in the same houre to believe that an army should be raised for the safety of the king's person , and to sweare that they would live and die with the earl of essex , whom they nominated generall to lead that army against the king. what information was given divers months before to the archbishop , and others of the kings councel , of a designe amongst the papists for a generall massacre of all the protestants in ireland and england , &c. is no objection against the king , and as the archbishop was imprisoned divers months before that rebellion brake out , so it is not like , if they had been able to have charged him with any concealment , that they would have forborn accusing him with it at his triall , when they so much wanted evidence against him , that they were faine to make his chaplains not licencing such books against popery , as they thought did discredit the protestant cause , an argument of his treason ; and they would likewise now have named the others of the king's counsell , if they could have alleaged any matter , that could have reflected upon them or their master . next follows a huddle of the kings letters to the pope , when he was in spaine , and of others since on the behalfe of the duke of lorainge , and of the king 's having an agent at rome ( which it is knowne he never had ) some months before the irish rebellion : all which are so obscurely mentioned , and so ridiculous , as to any charge against the king , that they are not worthy any answer ; yet because ( how impertinently soever ) by the licence of these times , much hath been scandalously discoursed of a letter written by the king , when he was prince , and in spaine , to the pope , and such a letter translated & printed , out of a copy published in the french mercury , it may not be amisse to say somewhat of that businesse . the prince being by the command of his father sent into spaine , to conclude a marriage with the daughter of that crowne , which had been long treated of , could not but be obliged , whilst he was there , to perform all ceremonies which were requisite to the compassing the businesse he went about ; the kingdome where he was , had a fast friendship with rome , and such a kind of dependence , that a dispensation from thence was thought necessary by the wisdome of that state to the marriage in treaty , towards the procuring whereof , though the prince would not contribute the least application of his owne , yet he was not reasonably to do any thing , which might make that dispensation the more difficult to be procured ; the pope that then was , writ a letter to the prince , which was delivered to his highnesse , by his minister there resident ; it was a letter of respect , and in the interpretation of that state , of great kindnesse ; and it would have been thought a very unseasonable neglect , if the prince had vouchsafed it no answer : on the other hand , it was easier to resolve , that it was fit to write , then what ; in the mean time , they who were officious that it might be done , prepared the draught of a letter , and brought it to him ; the which , when his highnesse had perused with his own hand , he expunged those clauses , which might seem to reflect upon the religion which he professed , and having so altered and mended it , he caused it to be sent to the pope ; copies of the first draught were spread abroad , by which that was inserted in the french mercury , ( which is so carefully translated and printed , and dispersed these late ill years ) and now is given in evidence against his majesty : but admitting it were the same , and that the prince being in a forain kingdom , ( with the policy whereof he was then to comply ) had written that very letter , which is printed , with what colour of reason can any man make that an argument of his inclination to popery , who at that time , and ever since hath given the greatest testimony of his affection to the protestant religion , that any prince or private person hath done ? the authours of this declaration , would not think it just , that from their very loving letters to the bashaw at argyers , and his to them , in which he thanks god that the agent of the parliament of england is come thither to make a peace and love betwixt them to the end of the world , as appears by the relation of that businesse fol. . published by their authority , and from the amity with them , to that degree , that they have given the turkes men-of-war the freedome of their harbours , men should conclude , that they are resolved to turn turkes , and yet such a conclusion will more naturally result from those letters , and that strict correspondence , then of the king's affection to popery from that letter to the pope . it is said that the same designe was laid in england at the same time , and that many thousands were appointed to cut the protestants throats in this kingdom also , when the king went into scotland , and that it was confessed by some of the principall rebels , that their popish committee with the king , had communicated that designe with many papists in england , by whose advice ( though some things were altered , yet ) it was generally concluded , that about the same time , there should be the like proceedings of the papists here ; all which if true , ( as no sober man believes it to be ) does no way reflect upon the king ; and that popish committee was sent more to the two houses , then to the king , and were more owned by them , who tooke speciall care for their accommodation . by what is said , it sufficiently appears , how unjust and unreasonable all the particular scandals are , with relation to the businesse of ireland , in which his majesty ( how impudently soever he hath been aspersed ) never did any , or omitted the doing any thing , but according to those rules , which are most justifiable before god and man ; it were to be wished that the two houses of parliament had but as well performed their duty , and obligations ; but it cannot be forgotten , that neer the beginning of this rebellion , when the houses pretended wonderfull difficulty to raise men for that service , and when a seasonable supply would utterly have broken and defeated the rebels , the king sent a message to them on the of december , . that his majesty being very sensible of the great miseries and distresses of his subjects in the kingdome of ireland which daily increased , and the bloud which had been already spilt , by the cruelty and barbarousnesse of those rebels , crying out so loud ; and perceiving how slowly the succours designed thither went on , his majesty himself would take care , that by commissions ( which he would grant ) ten thousand english voluntiers should be speedily raised for that service , if the house of commons would declare , that they would pay them : which offer from his majesty was rejected , and no considerable supplies sent till they had compelled his majesty to consent to such a bill for pressing , as might devest and rob him of a necessary and legall power inherent in his crowne . nor can it be forgotten , that they reserved those men , which were raised for ireland , and would not otherwise have been engaged in their service , but on that pretence , and brought them to fight against his majesty at edge-hill , and afterwards retained them still in their service ; that they imployed the mony , raised by act of parliament for the relief of ireland , and with a particular caution , that it should be imployed no other way , for the support and maintenance of that army led by the earle of essex against the king , and that from the beginning of the rebellion in england , ( though they received vast sums of mony raised only for ireland ) they never administred any considerable supply thither , that they could apply to the advancement of their owne designes at home against the king. these particulars ( of which kind every man may call to mind many more ) nor their notable compliance with the irish committee , when they came first over , are remembred , to imply that the two houses of parliament were guilty of raising the rebellion in ireland ( otherwise then by their principles , and proceedings in diminution of the king 's soveraigne power ) or that they cherished it after it was begun ( otherwise then by not wisely and vigorously endeavouring to suppresse it , before it spread so universally ) but that which may be justly laid to their charge is , their affecting and grasping the power of carrying on that war , which so great a body is not fit for ; their imprudent and unpolitique declaring an animosity against the whole nation , and even a purpose for their utter extirpation , and disposing their lands to those , who would be adventurers for it ; which act and declaration it is known drove many into open rebellion , who were not before suspected , or at least declared to be affected to the rebels ; and lastly , their giving all their minds up to the kindling that horrid and monstrous rebellion here , rather then to the extinguishing the other in ireland . . next succeeds the charge against the king , for the unusuall preparation of ammunition and armes ( upon his return from scotland ) with new guards within , and about white-hall ; the fire-works taken and found in papists houses , the tower filled with new guards , granadoes , and all sorts of fire-works , morters and great pieces of battery , the dis-placing sir william balfore , and placing other officers , who were suspected by them , and the whole city . not to speak of the entertainment they provided for the king against his return out of scotland , when in stead of thanking him for having passed so many good acts of grace and favour to them , that there was no one thing more , that the kingdome could reasonably aske from him , or requisite to make them the most happy nation of the world ; they presented him a remonstrance ( as they called it ) of the state of the kingdome , laying before him ( to use his majesties own words ) and publishing to the world all the mistakes , and all the mis-fortunes ; which hapned from his first comming to the crowne , and before , to that houre , forgetting the blessed condition all his subjects had enjoyed in the benefit of peace and plenty under his majesty to the envy of christendome : not to speak of the licence then used in language , when upon debate of some pretended breach of order , one of the principall promoters of this declaration publickly said in the house of commons , without controle , that their discipline ought to be severe , for the enemy was in view , when the king was come within one daies journey of the city ; his majesty found a band of souldiers entertained to guard the two houses of parliament , which as it had bin never known in age before in that manner , so there was not now the least visible cause for it , but that there had been a plot in scotland against the persons of the marquesse of hamilton and argyle , and therefore there might be the like upon some principall members here : upon the king's return the earl of essex resigned up the commission with which he had been intrusted by his majesty during his absence to preserve the peace of the kingdome , and thereupon that guard which was drawn together by vertue of that authority in that earle , was dissolved with it : the king came then to white-hall , and for what passed afterward , heare in his owne words , in his declaration of the . of august , great multitudes of mutinous people every day resorted to westminster , threatned to pul down the lodgings where divers of the bishops lay , assaulted some in their coaches , chased others with boats by water , laid violent hands on the arch-bishop of yorke in his passing to the house , and had he not been rescued by force , it is probable they had murdered him , crying through the streets , westminster-hall , and between the two houses , no bishops , no bishops , no popish lords ; and mis-used the severall members of either house , who , they were informed , favoured not their desperate and seditious ends , proclaiming the names of severall of the peers as evill and rotten-hearted lords ; and in their return from thence , made stand before our gate at white-hall , said , they would have no more porters lodge , but would speak with the king when they pleased ; and used such desperate rebellious discourse , that we had great reason to believe , our owne person , our royall consort , and our children to be in evident danger of violence , and therefore were compelled at our great charge to entertain a guard for securing us from that danger ; these are his majesties own words , and containe no more then is known to all men , and hath never yet been particularly denied by themselves , therefore sure the king had great reason to provide some guard for himself ; and what was that guard ? many colonels and officers of quality attended the parliament for mony due to them by the publique faith ( which to this day hath not been paid to them ) these gentlemen upon the offer of their service to the king in this exigent , were listed , and attended at white-hall to defend it against the insolency of those tumults : and the little ammunition and armes which was brought thither , was for that purpose : that the houses within few daies after raised a stronger guard for themselves , without and against the king's consent , and with that and other forces countenanced by that , drove the king from the towne , is as true and notorious to all the world . what is meant by the fire-works found and taken in papists houses , is not understood , except they intend the lord herbert's house , which being at that time mentioned and examined , was in the house of commons rejected , as an idle bruite , some of their principall members affirming they had been there , and were satisfied , that there was nothing in the practice or designe , but what was very justifiable . the tower was so farre from being filled with new guards , that there were no new guards put there , till the houses took the boldnesse to doe it ; and if the king had made any addition of strength to his own fort , it would have been no more , then he might well have done : but that the having granadoes , and all sorts of fire-works , morters and great pieces of battery ready prepared in the tower , should be objected to the king , is wonderfull , since it is the proper place , where such utensils for war are to be ; and if they had been in any other place , it might have administred some occasion of jealousie : there were no more pieces of battery prepared and mounted against the city , then had been usuall and accustomed . it was in the king 's just power to remove any man from being lieutenant of the tower , whose fidelity or affection he suspected or made question of , yet ( what just reason soever he had for either ) sir william balfore was removed with his own consent , and upon such a present recompence in mony , as himself thought an ample compensation : it is true , some factious citizens ( who were alwaies ready to be applied to any seditious action ) petitioned against sir john byron , who succeeded in that command ; and alleaged that their jealousie was such , that they were forced to forbear the bringing in of bullyon to the mint ; when in truth there was not one of those who concurred in that petition , that ever brought bullyon thither , or used thar trade ; and to use his majesties owne words , it is notoriously known , there was more bullyon brought into the mint , in the time , that gentleman was lieutenant , then in the same quantity of time in any mans remembrance : and surely it will be a great brand upon that time , and the city , to posterity , and an evidence how far they were from lodging english hearts in their brests , that they would think themselves lesse secure in sir john byron , a person of noble extraction , generous education , unblemished reputation , and a full fortune ; then of an indigent forainer , who had no other arts to live by , then those of which they justly complained , and could not serve them , without betraying his faith to his master , to whom he was particularly sworn , and ingaged by infinite obligations . hitherto they have examined only the errors and oversights , at least the lesse raging enormities of the first sixteen or seventeen years of his majesties reigne , now they are entring into the high waies , where they say , the tract of open force against the parliament and kingdom did appear more visible . . the first instance is the charge of treason against some of both houses ; and that unparallel'd act of violence by the king 's coming so attended to the house of commons , which they say was , but the prologue to a bloudy tragedy , &c. though the tale of the members did at that time serve their turne , to worke upon the un-skilfull and un-distinguishing minds of the people , and to apply them to their service , it was believed they would have now blushed to have remembred it , since as discerning-men were not at that time in any degree satisfied of their innocence : so all men by the demeanour of those members afterwards , have concluded that the king had very good reason , then , to accuse them , though it may be the act was not so happily deliberated on , as to foresee those accidents , which might disturb the progresse of it . before any thing be said of the matter it self , how far the king was from doing what was not right , it will not be amisse to look back , how far they then imputed this act to the king , which is now so principall a part of the charge against him : after his majesty had excepted against some expressions used by them of his comming to the house of commons , as if he had intended violence ; in their petition presented to him at tiballs , . of march , . they besought his majesty to believe , that the dangerous and desperate designe upon the house , was not inserted with any intention to cast the least aspertion upon his majesty , but therein they reflected upon the malignant party , &c. so that it seems the houses then were not of the same opinion these men are now of . for the matter it self , that any members of either house may be prosecuted in the same manner , as if they were not members , in the case of treason , or felony , is so known a truth , that no man ( who pretends to know the laws of the kingdome , or presidents of parliament ) ever thought the contrary , or heard the contrary said , till since the case of these members ; and the same hath been alwaies acknowledged in all parliaments , and may be said to be acknowledged by this , since the lord chief justice coke sets it down as a maxime in his chapter of the high court of parliament , which was printed by the especiall order of the house of commons , since this parliament began . that the king had reason to accuse these members of high treason , can be as little doubted , since he could make particular proof against them of a solemn combination entred into by them for altering the government of the church and state ; of their soliciting and drawing down the tumults to westminster ; and of their bidding the people in the height of their rage and fury to go to white-hall ; of their scornfull and odious mention of his majesties person ; and their designe of getting the prince into their hands ; and of their treating with forain power to assist them , if they should faile in their enterprizes ; and why the king's attourny upon these reasons might not as lawfully accuse those members of high treason , as the attourny generall in the first year of this king's reigne , did accuse the earle of bristoll upon a charge more generall , who was thereupon committed to the tower ; and why his majesty might not as well have expected , that upon his articles ( not so generall as a meer verball accusation ) of high treason , either house would have committed their severall members , as they had done so many this parliament ; and about that time , twelve bishops together ( upon a confessed ground , which every man there , who knew what treason was , knew that fact to be none ) meerly , because they were accused , his majesty ( upon occasion of mentioning this passage ) saies , he could neither then , nor yet can understand . this being the case , there remains nothing but his majesties own going to the house of commons , for which , hear his own words in his answer to the declaration of the . of may , where that matter was loudly laid to his charge : when we resolved , that it was fit for our own safety and honour , and the peace of the kingdome , to proceed against those persons , though we well know there was no degree of priviledge in that case , yet ( to shew our desire of correspondence with the two houses of parliament ) we chose rather then to apprehend those persons by the ordinary ministers of justice ( which according to the opinion and practice of former times we might have done ) to command our attourny generall to acquaint our house of peers with our intention , and the generall matters of our charge ( which was yet more particular then a meer accusation ) and to proceed accordingly ; and at the same time sent a sworn servant , a sergeant at armes to our house of commons to acquaint them , that we did accuse , and intended to prosecute the five members of that house for high treason ; and did require that their persons might be secured in custody ; this we did , not only to shew that we intended , not to violate or invade their priviledges , but use more ceremony towards them , then we conceived , in justice might be required of us , and expected at least such an answer , as might informe us , if we were out of the way : but we received none at all , only in the instant , without offring any thing of their priviledges to our consideration , an order was made , and the same night published in print , that if any person whatsoever should offer to arrest the person of any member of that house , without first acquainting that house therewith , and receiving further order of that house , that it should be lawfull for such members , or any person to assist them , and to stand upon his or their guard of defence , and to make resistance according to the protestation taken to defend the priviledges of parliament ; and this was the first time we heard the protestation might be wrested to such a sence , or that in any case ( though of the most undoubted and unquestionable priviledge ) it might be lawfull for any person to resist , and to use violence against a publique minister of justice , armed with lawfull authority : though we well know , that even such a minister might be punished for executing such authority : upon viewing this order , we must confesse we were somewhat amazed , having neither seen nor heard of the like before , though we had known members of either house committed , without so much formality , as we had used , and upon crimes of a far inferiour nature to those we had suggested : and having no course proposed to us for our proceeding , we were upon the matter onely told that against those persons , we were not to proceed at all , that they were above our reach of the law : it was not easie for us to resolve what to doe ▪ if we imployed our ministers of justice in the usuall way for their apprehension ( who without doubt would not have refused to have executed our lawfull commands ) we saw what resistance and opposition was like to be made , which very probable might cost some bloud ; if we sate still , and desisted upon this terrour , we should at the best have confessed our owne want of power , and the weakness of the law ; in this strait we put on a sudden resolution , to try , whether our own presence and clear discovery of our intentions ( which haply might not have been so well understood ) could remove those doubts , and prevent those inconveniences which seemed to be threatned : and thereupon we resolved to go in our person to our house of commons , which we discovered not till the minute of our going , when we sent out , that our servants and such gentlemen as were then in our court , should attend us to westminster , but giving them expresse command , that no accidents or provocation should draw them to any such action , as might imply a purpose of force in us , and our self ( requiring those of our traine not to come within the dore ) went into the house of commons , the bare doing of which , we did not conceive would have been thought more a breach of priviledge , then if ▪ we had then gone to the house of peers , and sent for them to come to us , which is the usuall custome . this was his majesties answer formerly to this charge , which is therefore here inserted at large , as being so full , that nothing need be added ; and it appeared by the deposition of barnard ashly , and others taken by them , that the king gave his traine expresse and positive charge , that they should give no offence or ill word to any body , what provocation soever they met with ; which depositions were carefully suppressed , and concealed , whilst they made use of the testimony of indigent and infamous fellows , to reproach his majesty , from some light and unadvised discourse , which was pretended to be uttered by some young gentlemen , who had put themselves into the traine . to conclude , it is to be observed , that though it were so high a transgression in the king , ( against whom treason can onely be committed ) to prefer such a charge against five members of the house of commons , who were called together by his writ , and accountable to him for any breach of duty , that it did absolve them from their allegiance , yet the preferring the like charge since against eleven members by the army , raised and maintained by them , and to which they were not accomptable for any thing they did , hath been held no crime ; and it may be no ill exercise for those gentlemen , who with such high contempt of that soveraigne power , to which they owed their allegiance , took delight to despise and resist his majesties just authority , now in their affliction , restraint , and banishment to consider the hand of god upon them , which hath compelled them to submit to the mercenary power raised by themselves to suppresse their king ; that though they broke through the kings article , for endeavouring to subvert the fundamentall laws and government of this kingdome , and to deprive the king of his legall power , and to place on subjects , an arbitrary and tyrannicall power : yet they could not break through the charge of the army for invading , infringing , or endeavouring to overthrow the rights and liberties of the subjects of this nation , in arbitrary , violent , and oppressing waies , and for endeavouring by indirect and corrupt practises to delay and obstruct justice , to the great damage and prejudice of divers of the poor commoners of england . though they were too mighty to be touched upon the kings accusation , of having endeavoured by many foule aspersions upon his majesty , and his government , to alienate the affections of his people , and to make his majesty odious to them ; yet they were not able to bear the burthen of an accusation of having endeavoured by false informations , mis-representations , or scandalous suggestions against the army , to beget mis-understandings , prejudices , or jealousies in the parliament against the army , and to put insufferable injuries , abuses , and provocations upon the army , whereby to provoke and put the army into dis-temper . though they slighted the king's charge of having trayterously invited and incouraged a forain power to invade his majesties kingdome of england , yet they cannot throw off the charge from the army , of having invited the scots , and other forain forces to come into this kingdome in a hostile manner , to abet and assist them in the prosecution and effecting of their designes . lastly , they may with their eyes , hands , and hearts lift up to heaven , remember how they contemned and despised the king , when he charged them , that they had endeavoured ( as far as in them lay ) by force and terrour to compell the parliament to joyne with them in their trayterous designes , and to that end had actually raised , and countenanced tumults against the king and parliament ; and now their owne army whereof very many then assisted them in those tumults to drive away the king , and the members of both houses , accuses them of having invited , incouraged , abetted , or countenanced divers reformadoes and other officers and souldiers , tumultuously and violently to gather together at westminster to affright and assault the members of parliament , in passing to and from the house ; to offer violence to the house it self ; and by such violence , outrages , and threats , to awe and inforce the parliament . as the charge allowed , and countenanced now from their owne army , is upon the matter the same , which was with so much noise and insolence rejected , when it was presented from the king , and is now objected against him as a hainous crime , so with reference to their priviledges ( which , like the logitians line , is divisibilis in semper divisibilia , and serves their turne , to inable them to aske any thing from the king they think fit to demand , and to refuse any thing to him he requires from them ) the progresse and proceedings thereupon , hath been very different ; in stead of suspending and discountenancing them upon the king's accusation , they are brought in triumph with an army to the house ; the army upon the bare exhibiting their generall articles , require that the persons impeached , may be forthwith suspended from sitting in the house , and will receive no deniall , it must be consented to , for they will not indure , that the persons impeached by them shall continue in power and capacity to obstruct due proceedings against themselves ▪ and for their own escape from justice to threaten ruine to the whole nation , as by the letter from the army of the . of june , appears . the king was checked upon the matter of priviledge , and then imperiously required to send the evidence , which he had against those he had accused , to the house , where they principally governed , and could easily judge what was secure for themselves ; his majesty desired , that before his proofs were discovered against them , and lest a new mistake should breed more delaies , it might be resolved , whether his majesty were bound in respect of priviledges to proceed against them by impeachment in parliament , or whether he were at liberty to prefer an indictment against them at common law , in the usuall way , or had his choice ; to which they would give no other answer , then that they desired him to give directions , that the parliament might be informed before friday next , what proof there was against them , that accordingly they might be called to a legall triall , it being the undoubted right and priviledge of parliament , that no member of parliament can be proceeded against without the consent of parliament . the army tells them plainly , by their letter of the . of june , that they wish the name of priviledges , may not lie in ballance with the safety of a kingdome , and the reality of doing justice ; which ( as they had said too often ) they could not expect whilst the persons they had accused , were the kingdomes and their judges . and in the remonstrance of the army of the . of june , that no priviledges ought to protect wicked men , in doing wrong to particulars , or mischief to the publick ; and that whoever most adores or tenders those priviledges , will best expresse his zeale towards them , in taking care they be not abased or extended to private wrong and publique mischief , for they say , they clearly find , and all wise men may see it , that parliament priviledges as well as royall prerogative , may be perverted & abused , to the destruction of those greater ends , for whose protection and preservation they were admitted , or intended ( viz. ) the rights and liberties of the people , and safety of the whole ; and in case they be so , the abuse , evill , or danger of them , is no lesse to be contended against , and a remedy thereof no lesse to be endeavoured , then of the other : and upon these grounds they conclude , that they shall be inforced to take such courses extraordinary , as god shall enable and direct them to , unlesse by thursday night next they receive assurance and security to themselves and the kingdome , for a more safe and hopefull proceeding in an ordinary way , by having those things granted , which before they insisted on . these have been the proceedings of late in the point of accusing members , and in the case of priviledge , all which are so far justified by the houses , that the army hath received publique thanks and approbation for all that they have done , and their accusations have been received , countenanced , and promoted , and their desires granted against the persons they accused , so that as the king did nothing in the accusation of those members , but what was justifiable by the law , and former presidents of parliament , so whatsoever he did is since justified by the later presidents , which themselves have consented to , and approved ; and so we return to the place from whence this consideration carried us . there is a mention of the lord digby's appearing in a war-like manner , and afterwards his going beyond the seas , and from thence giving advice to the king to retire to some strong place , &c. which are all so well known , have been so often answered , and have so little reference to the king , that time is not to be wasted to reply to them . . the next charge is , the commissions granted to the earle of newcastle , and colonel legg , for attempting newcastle and hull , which ( they say ) occasioned them to provide for their security ; to which their intelligence of forain forces from denmark contributed ; and then they take great paines to make that jealousie of denmarke reasonable , and fit to sink into them . the commissions granted by the king to the earle of newcastle , and colonel legg , were no other then by law he might grant ; neither did he grant any such , before he was assured the leading members in the house of commons had it in their purpose to procure an order for the seizing that towne , and after they had caused a power to be placed about the tower of london both by land and water under the command of their new officer skippon , who was required not to suffer any provisions to be brought in thither by what authority or warrant soever . if there had been any expectation , or apprehension of forain forces to be brought from denmarke , that could be no warrant for them to seize on hull , without and against the king's leave , whose peculiar jurisdiction and right it is , to provide against forain invasions ; but as that discourse of forces from denmarke , was then looked upon as most ridiculous by all men of sense , so experience hath since made it apparent , that there was not the least colour for it : and the arrivall of that vessell with ammunition and armes ( for there came no commanders in her ) near hull , was near six months after the houses had put a garrison into hull , and neer three months after sir john hotham had shut the gates of it against his majesty ; and if it had not been for that rebellious act , that ammunition and armes had not been sent . the invasion of the king of denmark's dominions by the swedes was above two years after the seizing of hull , therefore that could not be any interruption to that designe , if it had been intended ; but that a frivolous report of a discourse between a servant of the lord digby's , ( that was never named ) with a mariner , whom he had never seen before , to conduct a fleet into england from denmarke ; or an intercepted letter from the hague to secretary nicholas , which is pretended to be written the of novemb. after the battle of edge-hill ; and in which is mention of armes for ten thousand foot , and for fifteen hundred horse should be thought of moment to justifie a rebellious jealousie of the king's purpose of countenancing an invasion of his owne kingdome , is below the folly and sottishnesse of any , to whom satisfaction ought to be applied . the imploying of colonel cockram to the king of denmark , was after the rebellion was begun , and when the earl of essex was marching with his army against his majesty , and the principall instruction given to him , was to presse that king to assist his majesty , with mony , armes , and ammunition , ( the two houses having seized all which belonged to his majesty ) and that the same might be sent by some ships of that crowne , because all the king 's owne were taken from him , and lay in wait to intercept any provision that should be sent to his majesty ; and it is no wonder if the king indevoured by his instructions to his agent , to make his uncle of denmarke as sensible as he could of the injuries and indignities offered to his majesty ; nor was that very clause ( with which these wicked men so insolently and rudely reproach his majesty ) without good grounds , it being known that they ordinarily whisper'd many things then in their private caballs , which they durst not publiquely avow ; of which nature were their discourses of the death of king james , which they are now grown up to the wickednesse to publish , and the other which was mentioned in that instruction . they say they repeat this rather , because when they declared their intelligence , that cockram was sent into denmarke to procure forces thence , the king disavowed it , calling it a vile scandall in his answer to their decl. of the of octob. . their charge upon the king in that declaration of the of octob. was , that sir john henderson and colonel cockram ( men of ill report both for religion and honesty ) were sent to hanborough and denmarke , as they were credibly informed , to raise forces there , and to bring them to newcastle , and to joyne with the earle of newcastle , &c. to this the king made answer , that he had never greater cause to be confident of security in his owne subjects , and therefore he could not believe so vile a scandall could make any impression in sober men : and it is known he did desire no other aide or supply at that time from denmarke , or from any of his allies , but mony , armes , and ammunition , but if he had not been confident in the security of his owne subjects , he would have been justly to be blamed , if he had not endeavoured to get any forain succours to preserve himself , his crowne , and the kingdome from being over-run and subdued by the power and strength of his rebellious subjects . in the same instructions to cockram , they say , the king declared , that he then expected assistance from his neighbour princes and allyes , in particular the greatest part of the states fleet from holland : which if it were truly set forth , needs no answer , it being very reasonable that the king should have expected that all his neighbour princes and allyes should have assisted him against so odious and horrid a rebellion , and it may be many of them may live to find the inconveniencie of not being sensible of the assault , which hath been made upon soveraignty , especially , if in stead of assisting the king , they have contributed toward the oppressing the regall power ; but these men are such enemies to ingenuity , that in the very repeating , what hath been said or done by the king , they will leave out any words that will make the sense otherwise understood , then fits their purpose , though any man that will take the pains to examine it , will quickly find the truth ; so they who will peruse these instructions ( by what means soever they came by them ) published by themselves , will find that the king mentioned the holland fleet only , as allowed by the states to give her majesty a convoy into england , which these men would have understood , as lent to assist the king against his rebellious subjects ; whereas it is too well known , that at that time the two houses found more respect and assistance from those states , then his majesty did ; and what his majesty then said of his neighbour princes and allyes ( which they would perswade the people to relate to some present engagement from them to send forces to him ) being only grounded upon his reasonable hope of the sense those princes would have of the indignities offered to his majesty , his words being , he expects and hopes that all his neighbour princes and allyes , will not look upon so dangerous a precedent to their owne crownes and monarchies , without contributing to suppresse this so pernicious a designe begun in this kingdome : god forgive those princes who suffered his majesty to be deceived in so just and princely an expectation . it is here likewise to be remembred , that the two houses had dispatched their agent strickland to the states of the united provinces , to invite them to their amity and assistance , and to decline their league with his majesty , before colonel cockram was sent for denmarke , their declaration to those provinces bearing date the of occtober , which was before the time that cockram went towards denmarke . . the queens going into holland , is next objected to the king , and that contrary to his trust he sent the ancient jewels of the crowne of england , to be pawned or sold for ammunition and armes , of which , they say , they had certain knowledge before they took up armes ; and that they had not so much as once asked the militia , till the queen was going for holland ; and that her going beyond sea was stayed , many months before her going into holland , by their motions to the king , because ( amongst other reasons ) they had heard , that she had packed up the crowne jewels , by which they might see what was then intended by that iourney , had not they prevented it till the winter . they are very unwilling to agree upon the time when they first took up armes , and would have their seizing upon the king's forts , possessing themselves of the militia of the kingdome , of the royall navy , to be thought only an exercise of their soveraigne power , and no taking up of armes ; but though they could perswade the world that their countenancing and bringing downe the tumults , by which they first drove away many members from the houses , and then the king himself from whitehall , was not taking up armes , because there was no avowed act of both houses to bring downe those tumults , yet sure they cannot deny their marching out of the city with all the trained bands of london in a hostile manner to westminster , where both houses gave the chief officers thanks , approved what they had done , undertook to save them harmlesse , and appointed a new officer of their own to command those traine bands , which was on the of ianuary , . to be taking up armes . when they appointed the next day their own new officer skippon to besiege the tower of london , with the city forces , by land and water , and not suffer any provision to be carried thither , when the king's lieutenant was in it , and declared , that whosoever should trouble him for so doing , was an enemy to the common-wealth , which was accordingly executed by him ; they must confesse undoubtedly that they took up armes ; and both these high actions ( which by the expresse statute of the year of king edw. . are high treason ) were before any one iewell belonging to the crowne or the king , was carried out of the kingdome . for the time of asking the militia , though no circumstance of time could make it justifiable ( not to speak of the bill preferred to that purpose many months before ) the house of commons by their petition of the of ianuary , after the house of peers had refused to concur with them in so dis-loyall a suit , desired his majesty to put the tower of london and the principall forts of the kingdome and the whole militia , into such hands as they thought fit ; and the queen went not into holland till the of february , neither was her journy resolved on till the beginning of that month ; so that their assertion of not having so much as asked the militia till the queen was going into holland is utterly untrue , and when they were made acquainted of such her majesties purpose , they never in the least degree disswaded it . but what was the queens going into holland , and the king 's sending with her the iewels of the crown , to their taking armes ? the queen might very well go to any place the king thought fit she should go , & the princess mary ( being at that time to go into holland to her husband ) his maj. thought it fit that the queens maj. should accompany her daughter thither : and for the jewels of the crowne ( though most of the jewels carried over by the queen , were her owne proper goods ) let them shew any law , that the king may not dispose of those jewels for the safety of his life , and to buy arms & ammunition to defend himself against rebels , who have seized all his revenue , and have left him nothing to live upon , but those jewels , which he had only in his power to convey out of theirs , or to leave them to be seized on and sold by them , who applied all that he had else , and his own revenue to hasten his destruction . in their mention of the queens former purpose of going beyond seas , stayed ( as they say ) upon their motion , because they had then heard , she had packed up the crown jewels and plate , they use their old and accustomed licence . if they will examine their own journall , they will not find amongst all those reasons , which were carried up by master pim to the lords at a conference on the of iuly , and the next day presented to the king to disswade her majesties journy , the least mention , of her having packed up the crown jewels and plate , but that they had received information of great quantity of treasure in iewels , plate and ready mony packed up to be conveyed away with the queen ; and that divers papists and others , under pretence of her majesties goods were like to convey great sums of money and other treasure beyond the seas , which would not only impoverish the state , but might be imployed to the fomenting some mischievous attempts to the trouble of the publike peace : and they might remember that ▪ the chief reasons they gave to disswade her majesty , was , their profession and declaration , ( since they heard that the chief cause of her majesties sicknesse proceeded from dis-content of her mind ) that if any thing which in the power of parliament might give her majesty contentment , they were so tender of her health , both in due respect to his most excellent majesty and her self , that they would be ready to further her satisfaction in all things ; and that it would be some dis-honour to this nation , if her majesty should at this unseasonable time go out of the kingdome , upon any grief or discontent received here ; and therefore they would labour by all good means to take away and prevent all just occasions of her majesties trouble in such manner as might further her content , and therein her health , which would be a very great comfort and joy to themselves , and the rest of his majesties loving subjects . these obligations they should have remembred , and left the world to remember how punctuall they were in the performance : the discourse at burrough bridge , that the king would pawne his iewels for the army , is as materiall , as any other part of the discourse there , being said only by captain chudleigh , who it seems believed it not , by his engaging himself to the parliament from that time , ( as the better pay-masters ) and was highly valued by them . . it seems they take it as granted , that their frivolous and malitious allegations will serve turne in stead of proofs , and therefore they take the boldnesse to tax his majesty with breach of honour and faith , and to reproach him for calling god to witnesse , and making so many solemn protestations against any thought of bringing up the northern army , or of leavying forces to wage war with his parliament , or of bringing in forain forces or aids from beyond the sea , which ( they say ) himself said would not only bury the kingdom in sudden destruction and ruine ; but his own name and posterity in perpetuall scorne and infamy . if these gentlemen would deale faithfully with the world , and confesse what troubles them most , they would acknowledge , that their grief is , that the king is so punctuall and severe in keeping his word , and protestations ; not that he is apt to fall from them . if he would have practised their arts of dissembling , and descended to their vile licence of promising and protesting , what he never meant to think of after , he might have prevented them in many of their successes ; but the greatnesse of his mind alwaies disdained even to prosper or be secure by any deviations from truth and honour ; and what he hath promised , he hath been religious in observing , though to his own damage and inconvenience ; he hath made no protestation about bringing up the northern army , or of leavying forces against the parliament , or for the rights of the subject , which was not exactly true , and agreeable to the princely thoughts and resolutions of his heart . the occasion of his majesties using that expression concerning forain force , ( which is here remembred by them ) was this : in the declaration delivered to his majesty from the two houses at newmarket on the of march , . they told him , that by the manifold advertisements , which they had from rome , venice , paris , and other parts , they expected that his majesty had still some great designe in hand , and that the popes nuntio had solicited the kings of france and spaine to lend his majesty four thousand men apiece to help to maintain his royalty against the parliament , were some of the grounds of their fears and jealousies ; to which his majesty made answer in these words , what your advertisements are from rome , venice , paris , and other parts , or what the pope's nuntio solicited the kings of france or spaine to do , or from what persons such informations come to you , or how the credit and reputation of such persons have been sifted and examined , we know not , but are confident no sober honest man in our kingdomes can believe , that we are so desperate , or so senslesse , to entertain such designes , as would not only bury this our kingdome in sudden destruction and ruine , but our name and posterity in perpetuall scorn and infamy . that this answer was most prudently and justly applied to that extravagant and senslesse suggestion , cannot be doubted ; but because the king at that time , before the war , or a declared purpose in them to raise a war against him , held it an odious and infamous thing to thinke of bringing in foraine forces upon his owne kingdome , that he might not therefore think it afterwards necessary , and find it just , to call in forain succours to defend him from a rebellion , that besides mixtures of all nations , was assisted by an intire forain army to oppresse him , and his posterity , no reasonable man can suggest or suppose ; and yet how far he hath been from entertaining any such aide , the event declares , which it may be , many wise men reckon amongst his greatest errours and oversights ; and which no question , ( if he had not been full of as much tendernesse and compassion towards his people , as these men want ) he would have found no difficulty to have practised . they proceed to improve this most groundlesse and unreasonable scandall by another instance , that when his majesty himself , and the lords made a protestation at yorke against leavying forces , he commanded his subjects by proclamation to resist the orders of the parliament , and did many other facts , contrary to that protestation , the particulars whereof are mentioned , and shall be examined and answered . the act which they call a protestation by the king & the lords at yorke passed on the day of june , . being six and twenty daies after both houses had declared that the king intended to leavy war against the parliament , and thereupon published their propositions for bringing in money or plate for the raising and maintaining an army : the king conceiving so positive and monstrous an averment might make some impression upon , and gain credit with his people , called the peers together who attended him , and taking notice of that wicked declaration , declared to them , that he alwaies had , and then did abhor all such designes , and desired them to declare , whether being upon the place , they saw any colour of preparations or counsels , that might reasonably beget a belief of any such designe , and whether they were not fully perswaded , that his majesty had no such intention : whereupon seven and thirty peers , who then attended his majesty ( being double the number that at that time or since remained in the house of peers at westminster ) unanimously declared under their hands ( which was published to the kingdome ) that they saw not any colour of preparations or counsels , that might reasonably beget the belief of any such designe , and did professe before god and testifie to all the world , that they were fully perswaded that his majesty had no such intention , but that all his endeavours did tend to the firm and constant setlement of the true protestant religion , the just priviledges of parliament , the liberty of the subject , the law , peace , and prosperity of the kingdome ; notwithstanding which clear evidence , they made what haste they could to raise an army , and to engage the people against their soveraigne lord the king. that his majesty intended not by that profession on his part , nor the lords thought themselves obliged on their parts , to give any countenance to , or not to resist the orders , which then issued out every day , from those at westminster , who called themselves the two houses , needs no other evidence , then his majesties declaration published two daies before ( of june ) in which amongst other particulars , he declared to the peers , that he would not ( as was falsly pretended ) engage them , or any of them in any war against the parliament , except it were for his owne necessary defence and safety against such as should insolently invade or attempt against his majesty , or such as should adhere to him : and that very day , the very same peers ( whereof the earl of salisbury was one ) engaged themselves to the king under their hands , that they would defend his majesties person , crowne and dignity , together with his majesties just and legall prerogative , against all persons and power whatsoever , and that they would not obey any rule , order , or ordinance whatsoever concerning any militia , that had not the royall assent . the first commission of array issued out some daies before this profession and protestation made by his majesty , and therefore cannot be said to be against it ; and above three months after the passing the illegall and extravagant ordinance for the militia , and after that ordinance was executed in many parts of the kingdome , notwithstanding his majesties proclamation of the illegality and treason of it , when he had desired them to produce or mention , one ordinance from the first beginning of parliaments to this very parliament , which endeavoured to impose any thing upon the subject , without the king's consent : of which to this day they never gave or can give one instance . the commission it self of array , is according to law , and so held to be at this time by most learned lawyers , and was so declared to be by mr. justice hutton in his argument in the exchequer chamber , in the case of mr. hambden . the letter which they say they can produce under his majesties owne hand to sir john heydon lieutenant of the ordnance , of the of june , . is no way contrary to his majesties professions , & such as his majesty in that ill time was necessarily to write , being to a sworn officer and servant of his owne , to send such of his own goods to him as were in his custody , and which his majesty so reasonably might have occasion to use ; and if he wished it might be done privately , it is only an instance of the wickednes of that time that the king was forced to use art and privacy to get what belonged to him , lest he might be robbed by those , who nine daies before the date of this letter had published orders to intercept whatsoever was going to him. his majesty required not any subscription for plate , horses , or armes , till many daies after they had published their propositions to that purpose , & received great sums of mony , and vast quantities of plate upon those propositions , against which his majesty writ his princely letter to the city of london on the of june , and two daies after published a declaration with the testimony and evidence of all the peers with him , in which he said , that if notwithstanding , so clear declaration and evidence of his intentions , these men should think fit by those alarums to awaken him to a more necessary care of the defence of himself and his people , and should themselves in so unheard-of a manner provide ( and seduce others to do so too ) to offend his majesty , having given him so lively testimony of their affections , what they were willing to do , when they should once make themselves able ; all his good subjects would think it necessary for his majesty to look to himself ; and he did then excite all his wel-affected people , according to their oaths of allegiance & supremacy , & according to their solemn vow and protestation ( whereby they were obliged to defend his person , honour , and estate ) to contribute their best assistance to the preparations necessary for the opposing and suppressing of the trayterous attempts , &c. ) and then he would take it as an acceptable service , if any person upon so urgent and visible a necessity of his majesty , and such an apparent distraction of the kingdome , would bring in to him , or to his use , mony or plate , or would furnish horse or armes , &c. this was the time , and the manner of his majesties requiring subscription , for plate , horse , and armes , which these men impute to him. they say the king raised a guard of horse , and foot about him ; and by them did not only abuse their committees sent to him , beat their publique officers and messengers , protect notorious papists , traytors or felons , such as beckwith and others , from the posse comitatus , but also with those guards , cannon & arms from beyond sea , did attempt to force hull , in an hostile manner , and that within few daies after that solemn protestation at yorke : all which suggestions must be particularly examined : the raising the king's guard was on this occasion , and in this manner : the king residing with his court at the city of yorke , and being pressed by both houses of parliament to consent , that his magazine at hull might be removed from thence ( for the better supplies of the necessities for ireland ) to the tower of london , which for many reasons he thought not convenient , his majesty resolved to go himself in person to his town of hull , to view his arms and munition there , that thereupon he might give directions what part thereof might be necessary to remaine there , for the security and satisfaction of the northerne parts ( the principall persons thereof having petitioned him , that it might not be all removed ) and what part might be spared for ireland , what for the arming the scots , who were to go thither , and what to replenish his chiefest magazine the tower of london ; and going thither on the day of april , . he found all the gates shut against him , and the bridges drawn up , by the command of sir john hotham , who flatly denied his majesties entrance from the walls , which were strongly manned , and the cannon mounted thereon and planted against the king ; his majesty having in vaine endeavoured to perswade sir john hotham , and offered to go in with twenty horse , because he alleaged his retinue was too great , was at last compelled to returne to yorke , after he had proclaimed hotham traytor , which by all the knowne lawes , he was declared in that case to be . the next day the king sent a message to the houses to require justice upon sir john hotham : to which they returned no answer , till above a fortnight after ; in the mean time they sent down some of the choice members to hull to give sir iohn hotham thanks for what he had done ; and to assure him that they would justifie him in it ; and others into lincoln-shire , with directions to their deputy lieutenants and all other officers , to assist him if he were in any distresse ; and then they sent some other members as their committee to yorke , with their answer to the king , in which they told him , that sir john hotham could not discharge the trust upon which , nor make good the end for which he was placed in the guard of that towne and magazine , if he had let in his majesty with such counsellours and company , as were then about him ; and therefore upon full resolution of both houses they had declared sir john hotham to be clear from that odious crime of treason ; and had avowed , that he had done nothing therein , but in obedience to the commands of both houses : whereas in truth , though they had presumed against law and right to send him thither , and constitute him governour for a time , of that place , there was no word in his commission , or instructions implying the least direction , not to suffer his majesty to come thither ; but on the contrary , the pretence was for his majesties especiall service . his majesty made a quick reply to this strange answer , and delivering it to their committee wished them to return with it to the houses , which they refused , telling him , that they were appointed by the parliament to reside at yorke , but they would send his answer to westminster . it would be too long in this place , and might be thought impertinent to consider , whether this custome of sending committees to be lieger in the counties , which began at this time , be agreeable to law , and the just regular power of the houses ; for as the like will not be found in the presidents of former parliaments , so it may be reasonably believed , that , that councell , which is called by the kings writ to assemble at westminster , can no more appoint some of their members to reside at yorke , or in any other place , then they can adjourn themselves thither ; and it seems against right , that those deputies which are sent by the counties or cities to be present on their behalfs in the house of commons at westminster , may be sent to another place , by which they whom they represent are without any members there . upon this answer of the committee , as unexpected , as the other from the houses ; and the other acts done in this conjuncture , as the sending another committee to hull , another into lincoln-shire , all to perswade the people to approve of what sir iohn hotham had done , and to assist him if there were any occasion ; the king began very justly to apprehend a designe upon his owne person , and then and not till then , resolved , and declared his resolution to have a guard to secure his person , that sir iohn hotham might not ( as his majesty said ) by the same forces , or more , raised by pretence of the same authority ( for he raised some daily ) continue the war , that he had leavied against him , and as well imprison his person as detain his goods , and as well shut his majesty up in yorke , as shut him out of hull . this guard was hereupon raised , with the advice of the principall gentlemen of that county , and consisted of one regiment of their traine bands , commanded by the proper colonel , who was one of the prime gentlemen of fortune and reputation there ; and one troup of horse , which had the honour of being called the prince of wales his troup , commanded by the earle of cumberland , and consisting of near one hundred , most if not all of them , of the gentry of that shire ; and that the rumour , scandall , and imputation of entertaining papists , might be clearly answered ; there was neither officer or souldier of the regiment or troup , who did not take the oath of allegiance and supremacy , and they were punctually payed by the king , that there might be no complaint on any side . this was the guard , the occasion , and manner of leavying it , full five months after the two houses against law or president , and without the least probable colour of danger had raised a greater guard for themselves , under the command of their new officer skippon , after they had besieged the tower , and compelled the king to commit the government of it to a man of their own nomination , and election ; after they had put a governour and garrison into hull , and that governour and garrison kept his majesty out of the towne ; after they had in defiance of his majesty and against his expresse pleasure signified to them , put his royall navy into the hands , and under the command of the earle of warwick ; after they had in many counties executed the ordinance of the militia ; and after they had brought the danger to his chamber dore , by their orders to the very sheriffe of yorke-shire to assist sir john hotham , and imploying their committee there to the same purpose . for abusing the committees sent to his majesty , they should ( and no doubt if it had been in their power they would ) have mentioned one particular abuse offered to them ; it is very well known that they had all freedome and respect , albeit his majesty well knew the ill and seditious offices they did there ; and though they appeared publickly at all meetings , and when his majesty proposed any thing to the county , they produced their instructions , and disswaded the county from complying with his just desires ; the suffering and induring whereof might more reasonably be imputed to the king , then any ill usage they received ; of which their owne letters printed by order , will be sufficient testimony ; and when the king went from yorke , towards nottingham , after he had declared by his proclamation , that he would erect his royall standard ; the lord fairfax ( being one of that committee ) by some accident of sicknesse continuing still at his house in that county ; albeit the king well knew the dis-service he had done him , and that the keeping him in prison might prevent much more , that he was like to do him , yet since he had received him there as a member imployed from the parliament , and that his returne thither was hindred by an indisposition of health , he would not suffer him to be apprehended , but left him un-disquieted , or disturbed , to recollect himself , and to revolve his majesties goodnesse : so far was that committee , or any member of it from being abused , whatsoever they deserved . the next instance of the king's breach of his protestation , or doing somewhat against it , is , the beating their publique officers and messengers , and protecting notorious papists , traytors , felons , such as beckwith and others from the posse comitatus : since there is no other named , it may be supposed , that this is the only , or most notorious example of that protection , and therefore it will be fit to examine , what the case of this man was : this gentleman mr. beckwith ( whether a papist or no is not materiall ) lived in beverly , whither his majesty came that night , after sir john hotham had refused to suffer him to come into hull , and was utterly unknown to his majesty , but had the just sense an honest subject should have of the indignity offered to his soveraigne , and the mischiefe that might befall that county and kingdome by this rebellious act , and was forward to expresse ( as most of the gentlemen of that county were ) a desire to repaire his majesty , and to prevent the inconveniences which were otherwise like to follow . he had in the towne of hull a son-in-law , one fookes , who was a lieutenant of a foot company in that garrison , whom he supposed ( being only drawn in with the traine bands ) not malitiously engaged in the purpose of treason , and therefore as well to preserve a man , who was so near to him , innocent , as for other respects to his king and country , he sent for him to come to him to his house , which the other ( there being then no intercourse hindred on either side ) did , and upon discourse fully sensible of the unlawfulnesse of the act , which had been done , and willing to doe any thing for the king's service ; declared , that the thursday night following he should have the guard at the north gate , and that if an alarum were given at another gate , called hessell-gate , he would let those in who came from the king ; mr. beckwith promised if he would perform this , he should have a very good reward , and that if he could convert his captain one lowanger ( a dutch-man ) to joyn with him , he should likewise be very liberally rewarded . this is all that was alleaged against mr. beckwith , as appears by sir john hothams letter of the whole information to mr. pim , entred in the journall booke of the house of commons , and printed by their order . fookes ( as soon as he returned to hull ) discovered all to sir iohn hotham , and he derived it to the house of commons , as is said , and they upon this evidence sent their sergeant at armes , or his messenger to apprehend beckwith as a delinquent , who upon notice of the treachery of his son-in-law , durst not stay at his house , but removed to yorke . the messenger , with the confidence of his masters , boldly came thither , and finding the gentleman in the court , and in the garden where the king himself was walking , had the presumption to serve the warrant upon him , and to claim him as his prisoner ; it was indeed a great wonder that the messenger was not very severely handled , but the reverence to the king's person preserved him , who bore no reverence to it ; and his majesty being informed what had hapned , called for the fellow , and having seen his warrant , bid him return to those that sent him , and forbear committing the like insolency , lest he fared worse ; this was the beating their messenger , and this the protection mr. beckwith had ; nor was there ever any posse comitatus raised , the high sheriffe daily waiting on his majesty , and observing the orders he received from him , according to the duty of his office . whatever this offence had been , it was never knowne ( before this parliament ) that the messenger of either house ever presumed to serve a warrant within the king's court , much lesse in his presence ; which whilst loyalty and duty were in reputation , was held too sacred for such presumptions ; the law confessing such priviledges and exemptions to be due to those places , that the lord cannot seize his villaine in the king's presence , because the presence of the king is a sanctuary unto him , saies my lord dyer . for the matter it self , sure there is no man yet that will avow himself to be so much out of his wits , as to say , that the king should have suffered mr. beckwith to be carried to westminster , as a delinquent for doing the part of a good subject ; and to be tried by those , who owned the treason that was committed , nor can there be one person named , whom they sent for as a delinquent , and the king protected ; except those who had been a yeare together attending upon them and demanding justice ; or those against whom nothing was objected , but that they waited on and attended his majesty : for the traytors and felons , they were only to be found within their owne verge ; and protected by their owne priviledges . very few lines will serve here , to take notice of the difference between the king's usage of their messengers , and their usage of the king 's ; their messenger sent by them on an unlawfull imployment , to apprehend a person they had no power to send for , and for a crime of which ( if he had been guilty ) they had no cognisance , and executing their commands in an unlawfull manner , and in a place , where he ought not to have done it , though the command had been just , was by the king fairly dismissed without so much as imprisonment or restraint : the kings messenger sent by his majesty with a legall writ to london , for the adjournment of the tearme , which is absolutely in the king's power to do , and can be regularly done no other way , for performing his duty in this service , according to his oath , and for not doing whereof he had been punishable , and justly forfeited his place without any other crime objected to him , was taken , imprisoned , tried at a court of war , by them condemned to be hanged , and was executed accordingly : that bloud will cry aloud . but they say , with those guards , cannon , and armes , from beyond sea , the king attempted to force hull in a hostile manner , and that within few daies after that solemne protestation at yorke . what the protestation was , is before set downe , and his majesties published resolution in this point , before that protestation ; nor did his majesty ever conceal his purpose in this or other cases of that nature , or disguised his purpose with any specious promises or pretences , but plainly told them , and the world , what they were to expect at his hands . to their expostulatory and menacing petition delivered to his majesty at his first comming to yorke , on the of march , the king in his answer used these words , as we have not , nor shall refuse any way agreeable to justice or honour , which shall be offered to us for the begetting a right understanding between us , so we are resolved , that no straits or necessities ( to which we may be driven ) shall ever compell us to doe that , which the reason and understanding that god hath given us , and our honour and interest , with which god hath trusted us for the good of our posterity and kingdomes shall render unpleasant and grievous to us. in this second message concerning hull , the second day after the gates were shut against him , his majesty uses these words , if we are brought into a condition so much worse then any of our subjects , that whilst you all enjoy your priviledges , and may not have your possessions disturbed , or your titles questioned , we only may be spoiled , thrown out of our townes , and our goods taken from us , 't is time to examine how we have lost those priviledges , and to trie all possible waies , by the help of god , the law of the land , and the affection of our good subjects to recover them , and vindicate our self from those injuries . in his reply to their answer concerning sir iohn hotham , presented to him on the of may , his majesty told them , that he expected that they would not put the militia in execution , untill they could shew him by what law they had authority to do the same without his consent ; or if they did , he was confident , that he should find much more obedience according to law , then they against law. lastly , in his answer to a declaration of the of iune , . ( about a fortnight before his going towards hull with his guards ) his majesty told them plainly , that the keeping him out of hull by s r john hotham , was an act of high treason against him , and the taking away his magazine and munition from him , was an act of violence upon him ( by what hands , or by whose directions soever it was done ) and in both cases by the help of god and the law he would have justice , or lose his life in the requiring it ; so that certainly the king never concealed or dissembled his purposes , and accordingly he did indeed toward the middle of iuly , go with his guards to beverly , having some reason to believe , that sir iohn hotham had repented himself of the crime he had committed , and would have repaired it as far as he had been able , of which failing ( to his own miserable destruction ) without attempting to force it his majesty again returned to yorke . having made it now plainly appear how falsly and groundlesly his majesty is reproached with the least tergiversation or swarving from his promises or professions ( which no prince ever more precisely and religiously observed ) it will be but a little expence of time , again to examine how punctuall these conscientious reprehenders of their soveraigne , have been in the observation of what they have sworn or said . in the first remonstrance of the house of commons , of the state of the kingdome they declare , that it is far from their purpose or desire to let loose the golden reines of discipline and government in the church , to have private persons , or particular congregations to take up what forme of divine service they please ; for ( they said ) they held it requisite that there should be throughout the whole realme , a conformity to that order which the laws enjoyne . in their declaration of the of may , speaking of the bill for the continuance of this parliament , they say , we are resolved , the gratious favour his majesty expressed in that bill , and the advantage and security which thereby we have from being dissolved , shall not encourage us to do any thing , which otherwise had not been fit to have been done . in the conclusion of their declaration of the of may , . apprehending very justly that their expressions there would beget at least a great suspition of their loyalty , they say , they doubt not but it shall in the end appear to all the world , that their endeavours have been most hearty and sincere , for the maintenance of the true protestant religion , the kings just prerogatives , the lawes and liberties of the land , and the priviledges of parliament , in which endeavours by the grace of god , they would still persist , though they should perish in the worke . in their declaration of the of iune , . the lords and commons doe declare , that the designe of those propositions ( for plate and money ) is to maintain the protestant religion , the king's authority and person in his royall dignity , the free course of iustice , the laws of the land , the peace of the kingdome , and priviledges of parliament . as they have observed these and other their professions to the king and the publique , so they have as well kept their promises to the people ; in their propositions of the of iune , . for bringing in mony or plate , the lords and commons do declare , that no mans affection shall be measured according to the proportion of his offer , so that he expresse his good will to the service in any proportion whatsoever ; the first designe was to involve as many as they could in the guilt , how small soever the supply was , but on the of november following , the same lords and commons appointed six persons , who , or any four of them should have power to assesse all such persons as were of ability and had not contributed , and all such as had contributed yet not according to their ability to pay such summe or sums of mony , according to their estates , as the assessors or any four of them should think fit and reasonable , so as the same exceeded not the twentieth part of their estates . infinite examples of this kind may be produced , which are the lesse necessary , because whosoever will take the pains , to read their own declarations , and ordinances , shall not be able to find , one protestation or profession made by them to god almighty in the matter of religion , or to the king in point of duty and obedience , or one promise to the people in matter of liberty , law , and iustice , so neer pursued by them , as that they have ever done one composed act in order to the performance of either of them : which very true assertion shall conclude this answer to that reproach of his majesties , not having made good his protestations . . the next charge is , that his majesty proclaimed them traytors and rebels , setting up his standard against the parliament , which never any king of england ( they say ) did before himself . his majesty never did nor could proclaime this parliament traytors , he well knew ( besides his own being the head of it ) that four parts of five of the house of peers were never present at any of those trayterous conclusions , and that above a major part of the house of commons was alwaies absent , and that of those who were present , there were many , who still opposed or dissented from every unlawfull act , and therefore it were very strange , if all those innocent men of whom the parliament consisted as well as of the rest , should have been proclaimed rebels and traytors for the acts of a few seditious persons , who were upon all occasions named ; and if the parliament were ever proclaimed traytors , it was by them only who presumptuously sheltred their rebellious acts , under that venerable name , and who declared , that whatsoever violence should be used either against those , who exercise the militia , or against hull , they could not but believe it as done against the parliament . they should have named one person proclaimed rebell or traytor by the king , who is not adjudged to be such by the law. the king never proclaimed sir iohn hotham traytor ( though it may be he was guilty of many treasonable acts before ) till he shut the gates of hull against him , and with armed men kept his majesty from thence , and besides the concurrent testimony of all judgments at law , it appears and is determined by the lord chief justice coke ( published by the house of commons this parliament ) in his chapter of high treason , that if any with strength and weapons invasive and defensive doth hold and defend a castle or fort against the king and his power , this is leavying of war against the king within the statute of the year of edw. . the king proclaimed not those rebels or traytors , who voted , that they would raise an army , and that the earl of essex should be generall of that army ( what ever he might have done ) nor the earle of essex himself a traytor upon those votes , untill he had accepted that title and command of captaine generall , and in that quality appeared amongst the souldiers , animating and encouraging them in their trayterous and rebellious designes , as appears by his majesties proclamation of the of august , . by which he was first proclaimed traytor : and there was no other way to clear the earle of essex from being guilty of treason by that act of his , within the expresse words of the chapter of the yeare of king edw. . but by declaring , that by leavying war against our lord the king in his realme ( which in that statute is declared to be high treason ) is meant leavying war against the parliament , and yet mr. st. iohn observed in his argument against the earle of strafford , printed by order , that the word king in that statute must be understood of the king 's naturall person , for that person can onely die , have a wife , have a son , and be imprisoned . the lord chief justice coke in his commentary upon that statute , saith , if any leavy war to expulse strangers , to deliver men out of prisons , to remove counsellours , or against any statute , or to any other end , pretending reformation , of their own head , without any warrant , this is leavying war against the king , because they take upon them royall authority , which is against the king ; and that there may be no scruple , by that expression without warrant , the same author saies , in the same place , and but few lines preceding , that no subject can leavy war within the realm without authority from the king , for to him it only belongeth . preparation by some overt act to depose the king , or to take the king , by force and strong hand , and to imprison him , untill he hath yeilded to certain demands , this is a sufficient overt act to prove the compassing and imagination of the death of the king , for this is upon the matter to make the king a subject , and to disspoyle him of his kingly office of royall government , as is concluded by the same reverend authour , and likewise , that to rise to alter religion established within the kingdome , or lawes , is treason . these declarers cannot name one person proclaimed a rebell or traytor by the king , who was not confessedly guilty of at least one of these particulars : and being so , the king did no more then by the law he ought to doe ; and mr. st. johns acknowledged in his argument against the earle of strafford , that he that leavies war against the person of the king , doth necessarily compasse his death ; and likewise that it is a war against the king , when intended for the alteration of the lawes or government in any part of them , or to destroy any of the great officers of the kingdome . for the setting up the standard , it was not till those persons , who bearing an inward hatred and malice against his majesties person and government had raised an army , and were then trayterously and rebelliously marching in battle-array against his majesty their liege lord and soveraigne , as appears by his majesties proclamation of the of august , . in which he declared his purpose to erect his royall standard ; and after they had with an army besieged his majesties antient standing garrison of portsmouth , and required the same ( in which the king's governour was ) to be delivered to the parliament ; and after they had sent an army of horse , foot , and cannon , under the command of the earle of bedford into the west , to apprehend the marquesse of hertford , who was there in a peaceable manner without any force , till he was compelled to raise the same for his defence , and to preserve the peace of those counties , invaded by an army ; and then when his majesty was compelled for those reasons to erect his standard , with what tendernesse he did it towards the two houses of parliament , cannot better appear then by his owne words , in his declaration published the same day on which that proclamation issued out , which are these , what our opinion and resolution is concerning parliaments we have fully expressed in our declarations ; we have said , and will still say , they are so essentiall a part of the constitution of this kingdome , that we can attaine to no happinesse without them , nor will we ever make the least attempt ( in our thought ) against them ; we well know that our self and our two houses make up the parliament , and that we are like hipocrates twins , we must laugh and cry , live and die together ; that no man can be a friend to the one , and an enemy to the other ; the injustice , injury , and violence offered to parliaments is that which we principally complaine of ; and we again assure all our good subjects , in the presence of almighty god , that all the acts passed by us this parliament shall be equally observed by us , as we desire those to be which do most concern our rights ; our quarrell is not against the parliament , but against particular men , who first made the wounds , and will not suffer them to be healed , but make them deeper and wider by contriving , fostering , and fomenting mistakes and jealousies betwixt body and head , us and the two houses , whom we name , and are ready to prove them guilty of high treason , &c. and then his majesty names the persons . this was the king's carriage towards , and mention of , the parliament ; very different from theirs , who are now possessed of the soveraigne power ; the army ; who in their remonstrance of the of june last , use these words , we are in this case forced ( to our great grief of heart ) thus plainly to assert the present evill and mischief , together with the future worse consequences of the things lately done , even in the parliament it self , which are too evident and visible to all , and so in their proper colours to lay the same at the parliament dores , untill the parliament shall be pleased either of themselves to take notice and rid the house of those , who have any way mis-informed , deluded , surprized , or otherwise abused the parliament to the passing such foule things there , or shall open to us and others some way , how we may , &c. which would not have been mentioned here , if they had been onely the extravagant act , and words of the army , but they are since justified , and made the words of the two houses by their declaring in their late declaration of the of march , in answer to the papers of the scots commissioners , that if there be any unsound principles in relation to religion or the state in some of the army , as in such a body there usually are some extravagant humours , they are very injuriously charged upon the whole army , whereof the governing part hath been very carefull to suppresse , and keep down all such peccant humours , and have hitherto alwaies approved themselves very constant and faithfull to the true interest of both kingdomes , and the cause wherein they have engaged , and the persons that have engaged therein ; so that this remonstrance , being the act of the generall , lieutenant-generall , and the whole councell of war , ( which is sure the governing part ) it is by this declaration fully vindicated to be the sense of the two houses . . the setting up a mock parliament at oxford to oppose and protest against the parliament of england , which his majesty and both houses had continued by act of parliament , is in the next place objected against his majesty . there was neither reall nor mock parliament set up at oxford , but when the king found that most of the members of either house were driven from westminster by force as his majesty had been , and yet that the authority and reputation of parliament was applied for the justification of all the rebellious acts which were done , even to the invitation of forain power to invade the kingdome ; as well for the satisfaction of his people that they might know how many of the true members of parliament abhorred the acts done by that pretended authority ; as for his owne information , his majesty by his proclamation of the of decemb. in the year , . invited all the members of both houses , who had been driven , or ( being conscious of their want of freedome ) had withdrawn from westminster , to assemble at oxford upon the of january following , when ( he said ) all his good subjects should see how willing he was to receive advice for the religion , laws , and safety of the kingdome , from those whom they had trusted , though he could not receive it in the place where he had appointed ; upon which summons and invitation by his majesty , eight and forty peers attended his majesty , there being at least twenty others imployed in his armies , and in the severall counties , whose attendance was dispenced with , and nine others in the parts beyond the seas , with his majesties leave ; and of the house of commons above one hundred and forty , there being likewise absent in the armies neer thirty more , who could not be conveniently present at oxford . when his majesty found the appearance so great , and so much superiour in number , as well as quality , to those at westminster , he hoped it would prove a good expedient to compose the minds of the other to a due consideration of the misery , into which they had brought their country ; and referred it to them to propose any advice , which might produce so good an effect ; what addresses and overtures were then made by them , and afterwards by his majesty to perswade them to enter upon any treaty of peace , and with what contempt and scorne the same was rejected , will be too long to insert here , and is sufficiently known to the world ; thereupon this body of lords and commons published a declaration to the kingdome , at large setting forth the particular acts of violence , by which they had been driven from westminster , and by which the freedome of parliament was taken away , and then declared how much they abhorred the undutifull and rebellious acts , which were countenanced by those who staid there , and declared their own submission and allegiance to his majesty ; and in the end concluded , that as at no time either or both houses of parliament can by any orders or ordinances impose upon the people without the king's consent , so by reason of the want of freedome and security for all the members of the parliament to meet at westminster , and there to sit , speak , and vote with freedome and safety , all the actions , votes , orders , declarations and pretended ordinances made by those members who remaine still at westminster were void and of none effect ; yet they said they were far from attempting the dissolution of the parliament , or the violation of any act made and confirmed by his majesty , but that it was their grief in the behalf of the whole kingdome , that since the parliament was not dissolved , the power thereof should by the treason and violence of those men , be so far suspended , that the kingdome should be without the fruit and benefit of a parliament , which could not be reduced to any action , or authority , till the liberty and freedome due to the members should be restored and admitted ; which declaration hath not onely ever received any answer , but with great care hath not been suffered to be printed in the last collection of orders and declarations , where the other proceedings at oxford of that time are set forth , that the people may lose that evidence against them , which can never be answered or evaded . this was that assembly , which these declarers call the mock parliament at oxford , and these the proceedings of it ; of the justice and regularity whereof , if there could have been heretofore any doubt made , the same is lately vindicated sufficiently by both houses : for if those lords and commons at oxford might not justifiably absent themselves from westminster , where their safety and freedome was taken from them ; by what right or authority could a smaller number withdraw themselves in july last upon the same pretence ? and if that body of lords and commons regularly convened by his majesties authority to oxford , who had first called them together at westminster , might not declare the acts made by those who remained at westminster void and of none effect , because they might not attend there and vote with freedome and safety ; by what imaginable authority could the speaker of the house of commons ( who hath no more freedome or power to make any such declaration , then every single member of the house ) declare , that such and such votes passed in the house were void and null ? and that the omission of a circumstance or some formality in the adjournment of the houses could not be any prejudice to the future meetings and proceedings of parliament , when it might meet and sit again as a free parliament , as he did by his own single declaration in july last : whereupon that powerfull umpire ( the army ) very frankly declared , that all such members of either house of parliament , as were already with the army for the security of their persons and were forced to absent themselves from westminster , that they should hold and esteem them , as persons in whom the publique trust of the kingdome was still remaining , though they could not for the present sit as a parliament with freedome and safety at westminster , and by whose advice and counsels they desired to governe themselves in the managing those weighty affairs ; and to that end invited them to make their repair to the army , and said , they held themselves bound to own that honourable act of the speaker of the house of commons , who had actually withdrawn himself , and they engaged to use their utmost and speedy endevour , that he and those members of either house , that were then inforced any way from westminster , might with freedome and security sit there , and againe discharge their trust , as a free and legall parliament ; and in the meane time , they did declare against that late choice of a new speaker by some gentlemen at westminster , as contrary to all right , reason , law , and custome , and professed themselves to be most cleerly satisfied in all their judgments , and were confident the kingdome would therein concur with them ; that as things then stood , there was no free nor legall parliament sitting , being through the foresaid violence at present suspended ; and that the orders , votes , or resolutions forced from the houses on munday the of july last , as also all such , as should passe in that assembly of some few lords and gentlemen at westminster , under what pretence and colour soever , were void and null , and ought not to be submitted to by the free-borne subjects of england . it is not denied , that the presentation of those humble desires of the young men and apprentices of the city of london to both houses on the of iuly last , by which they compelled them to reverse and repeale two severall acts of both houses passed but three daies before , was most destructive to the priviledge and freedome of parliament ; and no question the speakers and members of both houses had good reason to withdraw and absent themselves upon that violation ; but it is affirmed , that the freedome of parliament , was as much obstructed by severall other acts preceding , as it was on the of iuly last ; and that the members of both houses , who attended his majesty at oxford , had as great reason to withdraw themselves , and at least , as much authority to declare their want of freedome , as the speaker and the others had then , or the army to declare on their behalfs . when the tumults brought down by manwaring and ven , compelled the house of peers to passe the act of attainder against the earle of strafford , to which the fifth part of the peers never consented , ( the rest being driven from thence ) and afterwards so absolutely forced his majesty to signe it , that it cannot be called his act , his hand being held and guided by those who kept daggers at his breast , and so his royall name affixed by them ; and it being told him at his counsell board , by those who were sworn to defend him from such violence , that if it were not done in that instant , there would be no safety for himself , his royall consort , or his progeny , the rabble having at that time besieged his court : the freedome of parliament was no lesse invaded , then it was on the of iuly last . when the same captain ven , then a member of the house of commons ( in november and december , . ) sent notes in writing under his hand into the city , that the people should come downe to westminster , for that the better part of the house was like to be over-powred by the worser part , whereupon at that time and some daies after multitudes of the meanest sort of people , with weapons not agreeing with their condition , or custome , in a manner contrary and destructive to the priviledge of parliament , filled up the way between both houses , offring injuries both by words and actions to , and laying violent hands upon severall members , proclaiming the names of severall of the peers , as evill and rotten hearted lords , crying many howers together against the established laws in a most tumultuous and menacing way ; and when this act was complained of to the house of commons , and witnesses offered to prove capt. ven guilty of it ; and a fellow who had assaulted and reproached a member of the house of commons in those tumults coming again to that bar with a petition shewed , and complained of to that house ; and yet in neither of these cases , justice , or so much as an examination could be obtained , and when these proceedings were so much countenanced by particular members , that when the house of peers complained of them as derogatory to the freedome as well as dignity of parliament ; mr. pim said , god forbid we should dishearten our friends , who came to assist us : no doubt the freedome and safety of the parliament was no lesse in danger and violated then it was on the of iuly last . when in ianuary , . ( after the first proposition concerning the militia was brought to the house of peers , and by them rejected ) a petition was brought in a tumultuous manner to the house of lords , in the name of the inhabitants of hertford-shire , desiring liberty to protest against all those as enemies to the publique , who refused to joyne with the honourable lords , whose endevours were for the publique good , and with the house of commons for the putting the kingdome into a posture of safety under the command of such persons , as the parliament should appoint ; when other petitions of that nature , and in the same manner delivered , were presented to that house , concluding that they should be in duty obliged to maintain their lordships , so far as they should be united with the house of commons in their just and pious proceedings ; when at the same time a citizen accompanied with many others said at the bar of the house of commons , without reprehension , that they heard there were lords , who refused to consent and concur with them , and that they would gladly know their names . when that signall petition of many thousand poor people was delivered to the house of commons , which took notice of a malignant faction , that made abortive all their good motions , and professed that unlesse some speedy remedy were taken for the removing all such obstructions , as hindred the happy progresse of their great endevours , the petitioners would not rest in quietnesse , but should be forced to lay hold on the next remedy , that was at hand to remove the disturbers of the peace ; and when that monstrous petition was carried up to the house of peers , by an eminent member of the commons , as an argument to them to concur with the commons in the matter of the militia ; and that member desired , that if the house of commons was not assented to in that point ▪ those lords who were willing to concur , would find some means to make themselves known , that it might be known , who were against them , and they might make it known to those who sent them : upon which petition so strangely framed , countenanced , and seconded , many lords thereupon withdrawing themselves , in pure fear of their lives , the vote in order to the militia twice before rejected , was then passed : the freedome of parliament was as absolutely invaded , as it was on the of july last . in august , . the house of commons agreed , after a long and solemn debate to joyne with the lords in sending propositions of peace to the king ; the next day printed papers were scattered in the streets , and fixed upon the publique places both in the city , and the suburbs , requiring all persons wel-affected , to rise as one man , and to come to the house of commons next morning , for that irish rebels were landed ; which direction and information was that day likewise given in pulpits by their seditious preachers ; and in some of those papers it was subscribed , that the malignant party had over-voted the good , and if not prevented , there would be peace ; a common councell was called late at night , though sunday , and a petition there framed against peace , which was the next morning brought to the house , countenanced by alderman penington , who ( being then lord major of london ) that day came to the house of commons , attended with a great multitude of mean persons , who used threats , menaces , and reproaches to the members of both houses ; their petition took notice of propositions passed by the lords for peace , which ( if allowed ) would be destructive to religion , laws , and liberties , and therefore desired an ordinance according to the tenour of an act of their common councell the night before ; thanks were given by the commons , whilst the lords complained of the tumults , and desired a concurrence to suppresse them , and to prevent the like , many of the people telling the members of both houses , that if they had not a good answer , they would be there the next day , with double the number : by these threats , and this violence , the propositions formerly received were rejected , and all thoughts of peace laid aside : and then surely the freedome of parliament was as much taken away , as on the of iuly last . in a word , when the members of both houses were compelled to take that protestation , to live and die with the earle of essex , and some imprisoned and expelled for refusing to take it ; when they were forced to take that sacred vow and covenant of the of iune , . by which they swore , that they would to their power assist the forces raised and continued by both houses of parliament against the forces raised by the king ; when they were compelled to take the last solemn league and covenant , that oath corban , by which they conceive themselves absolved from all obligations divine and humane , as their predecessours ( the jewes ) thought they were discharged by that ( though they had bound themselves ) not to help or relieve their parents ; and lastly , when the army marched to london in the beginning of august last , in favour of the speakers and those members , who had resorted to them , and brought them back to the houses , and drove away some , and caused others of the members of a contrary faction to be imprisoned , and expelled the houses , the liberty and freedome of parliament was no lesse violated and invaded , then it was on the of iuly last . upon these reasons , and for want of the freedome so many severall waies taken from them , those lords and commons , who attended his majesty at oxford , had withdrawne themselves from westminster , and might then , as truly and more regularly have said , what the army since with approbation and thanks have said , on the of iune last , that the freedome of this parliament is no better , then that those members , who shall according to their consciences endeavour to prevent a war , and act contrary to their waies ; who ( for their owne preservation ) intend it , they must do it with the hazard of their lives : which being a good reason for those lately to go to st. albons or hounslow heath , cannot be thought lesse justifiable for the other to go to oxford . since this objection of calling the members of parliament to oxford is not of waight enough to give any advantage against his majesty to his enemies , they endeavour to make their entertainment and usage there very reproachfull with his friends , and would perswade them to believe themselves derided in that expression of the kings in a letter to the queen , where he calls them a mungrell parliament , by which they infer , what reward his own party must expect , when they have done their utmost to shipwrack their faith and conscience to his will and tyranny . indeed they , who shipwrack their faith and conscience have no reason to expect reward from the king , but those lords and gentlemen who attended his majesty in that convention well know , that never king received advice from his parliament with more grace and candor , then his majesty did from them ; and their consciences are too good to think themselves concerned in that expression , if his majesty had not himself taken the pains to declare to what party it related ; besides , it is well known , that some who appeared there with great professions of loyalty , were but spies , and shortly after betrayed his majesties service , as sir john price and others in wales , and some since have alleaged in the house of commons , or before the committee for their defence to the charge of being at oxford at that assembly , that they did the parliament more service there , then they could have done at westminster ; so that the king had great reason to think he had many mungrels there . . the last charge is the making a pacification in ireland ▪ and since that a peace ; and granting a commission to bring over ten thousand irish to subdue the parliament , and the rebellious city of london , and the conditions of that peace . that loud clamour against the cessation in ireland was so fully & clearly answered by the king's cōmissioners at the treaty at uxbridge , that there can no scruple remain with any , who have taken the pains to read the transactions in that treaty ; it plainly appears , that the king could not be induced to consent to that cessation , till it was evident that his protestant subjects in that kingdome could not be any other way preserved ; the lords justices and councell of that kingdome signified to the speaker of the house of commons by their letter of the of april , ( which was above six months before the cessation ) that his majesties army and good subjects there , were in danger to be devoured for want of needfull supplies out of england , and that his majesties forces were of necessity sent abroad , to try what might be done for sustaining them in the country , to keep them alive till supplies should get to them , but that designe failing them , those their hopes were converted into astonishment , to behold the miseries of the officers and souldiers for want of all things , and all those wants made insupportable in the want of food , and divers commanders and officers declaring they had little hope to be supplied by the parliament , pressed with so great importunity to be permitted to depart the kingdome , as that it would be extreame difficult to keep them there , and in another part of that letter , they expressed , that they were expelling thence all strangers , and must instantly send away for england thousands of poor dispoyled english , whose very eating was then insupportable to that place , that their confusions would not admit the writing of many more letters , if any , ( for they had written divers others expressing their great necessities : ) and to the end his majesty and the english nation , might not irrecoverably and unavoidably suffer , they did desire , that then ( though it were almost at the point to be too late ) supplies of victuall and ammunition in present might be hastened thither to keep life , untill the rest might follow , there being no victuall in the store , nor a hundred barrels of powder ( a small proportion to defend a kingdome ) left in the store , when the out-garrisons were supplied , and that remainder according to the usuall necessary expence besides extraordinary accidents would not last above a month ; and in that letter they sent a paper signed by sundry officers of the army delivered to them , as they were ready to signe that dispatch , and by them apprehended to threaten imminent danger ; which mentioned that they were brought to that great exigent , that they were ready to rob and spoile one another , that their wants began to make them desperate ; that if the lords justices and councell there did not find a speedy way for their preservation , they did desire , that they might have leave to go away ; that if that were not granted , they must have recourse to the law of nature , which teacheth all men to preserve themselves . the two houses , who had undertaken to carry on that war , and received all the mony raised for that service , neglecting still to send supplies thither ; the lords justices , and councell by their letters about the middle of may , advertised the king , that they had no victuall , cloths , or other provisions , no mony to provide them of any thing they want ; no armes , not above forty barrels of powder ; no strength of serviceable horse ; no visible means by sea or land of being able to preserve that kingdome . and by others of the of iuly , that his armies would be forced through wants to disband or depart the kingdome , and that there would be nothing to be expected there , but the instant losse of the kingdome , and the destruction of the remnant of his good subjects yet left there . this was the sad condition of that miserable kingdome , to whose assistance his majesty was in no degree ( of himself ) able to contribute ; and his recommendation and interposition to the two houses , whom he had trusted , was so much contemned , that when upon their order to issue out , at one time , one hundred thousand pounds of the monies paid for ireland , to the supply of the forces under the earl of essex , ( albeit it was enacted by the law upon which those monies were raised , that no part of it should be imployed to any other purpose then the reducing the rebels of ireland ) his majesty by a speciall message advised and required them to retract that order , and to dispose the monies the right way , the necessities of ireland being then passionately represented by those upon the place , they returned no other satisfaction or answer to his majesty , but a declaration , that those directions given his majesty for the retracting of that order , was a high breach of priviledge of parliament . when his majesty perceived that no assistance was , or was like to be applied to them , and that the enemy still increased in strength & power , he referred the consideration and provision for themselves , to those , whose safeties and livelyhoods were most immediately concerned , and who were the nearest witnesses of the distresses , and the best judges , how they could be borne , or how they were like to be relieved ; and so with the full advice and approbation of the lords justices and councell there , and concurrent opinion of all the chief officers of the army , that cessation was made , by which onely the protestants in that kingdome , and his majesties interest there could at that time have been preserved . of this cessation , neither his majesties good subjects in that or this kingdom , have reason to complain . examine now the peace , which they say was afterwards made , on such odious , shamefull , and unworthy conditions , that his majesty himself blushed to owne , or impart to his owne lieutenant the earle of ormond , but a private commission was made to the lord herbert to manage it . whilst the king had any hope of a tolerable peace in this , or a probable way of carrying on the war in that kingdome , he never gave a commission to conclude a peace there , and it plainly appears by the relation of the treaty at uxbridge , ( to the truth of which there hath not been the least objection ) the acts of the commissioners of both sides being extant , that there was no expedient proposed ( though desired often on the king's party ) for the proceeding in that war , but that his majesty would quit absolutely all his regall power in that kingdome , and so put all his subjects there ( english and irish ) out of his protection , into that of the two houses of parliament here , who at the same time were fighting for the same supremacy in this , and who had at the same time disposed a greater power thereof to the scots , then they reserved to themselves ; it concerned the king then in piety and policy , in his duty to god and man , to endevour to preserve that kingdom by a peace , which he could not reduce by a war , and to draw from thence such a body and number of his own subjects , as might render him more considerable to those , who , having put off all naturall allegiance , and reverence to his majesty , looked only what power and strength , and not what right he had left . the peace that was concluded , was upon such tearms and conditions , as were in that conjuncture of time just and honourable ; and when it could not be continued without yeilding to more shamefull and lesse worthy conditions , the marquesse of ormond , his majesties lieutenant of that kingdome , ( who had the sole and intire authority from his majesty to conclude a peace , and against whom all their envy , and all their malice , hath not been able to make the least objection ) best knowing his masters mind , chose rather to make no peace , and to trust providence with his majesties rights , then to consent to such propositions ; nor had the lord herbert ever any commission to make a peace there , but being a person , whose loyalty and affection to his service , the king had no reason to suspect , and being of the same religion with the enemy , might have some influence upon them , was qualified with such a testimony , as might give him the more credit amongst them to perswade them to reason : his restraint and commitment was very reall by the whole councell board there , though when it appeared that his errors had proceeded from unskilfulnesse and unadvisednesse , and not from malice , he was afterwards inlarged by the same power . the unnaturall conclusions and inferences these men make from what the king hath said or done , applying actions done lately , to words spoken seven years before , cannot cast any blemish upon the kings religion , which ▪ shines with the same lustre in him , as it did in the primitive martyrs ; and even those letters taken at nazeby , ( which no wise rebel , or gallant enemy would have published ) will to posterity appear as great monuments of his zeale to the true protestant religion , in those straits in which he was driven by those who professed that religion , as any prince hath left , or have been left by any prince since christianity was imbraced : and if that religion should prosper with lesse vigour , then it hath done , and the christian and pagan world have lesse reverence towards it , then they have had , these reformers may justly challenge to themselves the honour and glory of that declension , and triumph in the reproaches they have brought upon the most orthodox church , that hath flourished in any age since the apostles time . these charges and reproaches upon the king , which have been now particularly examined and answered , and of which the world may judge , are aggravated by the king 's so often refusing their addresses for peace ; the truth of which suggestions ( though for method sake the order of their declaration hath been inverted ) must be now considered , and all of that kind , which is scattered and dis-jointed in the declaration , shal for the same method sake be gathered together and resolved ; and in this argument they seem to think , they are so much upon the advantage ground , that they are rather to make an apology to the world , for having so often made addresses to their king , then for resolving to doe so no more ; that is , for enduring so long to be subjects , then for resolving hereafter to be so no more . the truth is , they never yet made any one addresse for peace ; onely somtime offered to receive his crown , if his majesty would give it up to them , without putting them to fight more for it , for other sense or interpretation , no propositions yet ever sent to him can bear ; and whereas they say , they must not be so unthankfull to god , as to forget they were never forced to any treaty , it is affirmed , that there are not six members , who concur in this declaration , who ever gave their consent to any treaty , that hath yet been , but when they were forced by the major part to consent to it , they were so unthankfull to god for the opportunity of restoring a blessed peace to their country , that they framed such propositions , and clogged their commissioners with such instructions , as made any agreement impossible . though no arithmetique , but their own , can reckon those seven times , in which they have made such applications to the king , and tendred such propositions , that might occasion the world to judge , they had not only yeilded up to their wills and affections , but their reason also , and judgment , for obtaining a true peace and accommodation ; yet it will be no hard matter shortly to recollect the overtures , which have bin made on both sides , and thence it may best appear whether the king , never yet offred any thing fit for them to receive , or would accept of any tender fit for them to make . what propositions were made by them to prevent the war , need not be remembred , who ever reads the nineteen sent to him to yorke , will scarce be able to name one soveraigne power , that was not there demanded from him ; nor can they now make him lesse a king , then he should have been , if he had consented to those . after his standard was set up , and by that his majesty had shewed that he would not tamely be stripped of his royall power , without doing his best to defend it , he sent a message before bloud was yet drawn from nottingham , to desire that some fit persons might be inabled by them , to treat with the like number , to be authorized by his majesty , in such a manner , and with such freedome of debate , as might best tend to that happy conclusion , which all good men desired , the peace of the kingdome ; to which gracious overture from his majesty , the answer was , that untill the king called in his proclamations and declarations , and took down his standard , they could give him no answer . and at the same time published a declar : to the kingdome , that they would not lay down their arms , untill the king should withdraw his protection from all such persons , as had been voted by both houses to be delinquents ; or should be voted to be such ; that their estates might be disposed to the defraying of the charges the common-wealth had been put to ; and who they meant by those delinquents , they had in a former declaration to the inhabitants of york-shire expressed , that all persons should have reparation out of the estates of all such persons in any part of the kingdome whatsoever , who had withdrawn themselves to yorke , and should persist to serve the king , &c. this was one of their applications , in which they had yeilded up their wills and affections , and their reason and judgment for obtaining peace . they say , they have cause to remember that the king somtimes denied to receive their humble petitions for peace : the which they had rather should be believed in grosse , then trouble themselves with setting down the time , and manner when it was done ; but out of their former writings it is no hard matter to guesse what they meane : when the king was at shrewsbury , and the earle of essex at worcester towards the end of september , . the two houses sent a petition to their generall , to be presented to his majesty in some safe and honourable way ; in which petition they most humbly besought his majesty , to withdraw his person from his own army , and to leave them to be suppressed by that power , which they had sent against them , and that he would in peace and safety without his forces return to his parliament . the earl of essex by letter to the earle of dorset , who then attended his majesty , intimated that he had a petition from both houses to be delivered to his majesty , and for that purpose desired a safe conduct for those , who should be sent with it ; the earle of dorset ( by his majesties command ) returned answer , that as he had never refused to receive any petition from his houses of parliament , so he should be ready to give such a reception and answer to this , as should be fit , and that the bringers of it should come and go with safety , onely he required that none of those persons , whom he had particularly accused of high treason ( which at that time were very few ) should by colour of that petition be imployed to his majesty . this answer was declared to be a breach of priviledge , and so that petition , which ( as his majesty saies in his answer to the declaration of the of october ) was fitter to be delivered after a battle and full conquest of him , then in the head of his army , when it might seem somwhat in his power whether he would be deposed or no , was never delivered to his majesty , and this is the petition , which they now say he somtimes denied to receive . they say that when they desired him to appoint a place for a committee of both houses to attend his majesty with propositions for peace , he named windsor , promising to abide thereabouts till they came to him , but presently marched forward so neer london , that he had almost surprized it , whilst he had so ingaged himself for a treaty . this likewise refers to the petition sent to his majesty at colebrooke ; and all the circumstances were fully answered by his majesty in his declaration upon that occasion , when this aspertion was first unreasonably cast upon him ; it is true , after the battle at edge-hill , when they could no longer perswade their friends of the city , that the king's forces were scattered , and their army in pursuit of him , but in stead thereof , they had pregnant evidence , that his majesties army was marching towards them , and was possessed of reading , whilst the earl of essex continued still at or about warwicke , on the of november , they resolved to send an overture to his majesty concerning peace ; and though it must not be said they were forced to that addresse , yet truly who ever reads that petition which was brought to his majesty to colebrooke , will be of opinion by the stile of it , that they were fuller of fear , or of duty , then they were when they rejected his majesties offer from notingham , or then they were ten daies after , or ever since : that petition was answered with all imaginable candor by his majesty ; and windsor chosen if they would remove their garrison out of it , for the place of treaty : but when the messengers were returned , who made not the least mention of a cessation , it appeared by sure intelligence that the earl of essex , who had the night before brought his army to or neer london , after those messengers were dispatched to his majesty , had drawn a great part of his forces , and the london traine bands towards his majesty , and sent others to acton on the one side , and kingston on the other ; so that there being likewise a garrison at windsor , if the king had staid at colebrooke , he had been insensibly hemmed in , and surrounded by the enemy ; whereupon he took a sudden resolution to advance to brainceford ; thereby to compell them to draw their body together , & so making his way through that towne with the defeat of a regiment or two which made resistance there , and thereby causing those at kingston to remove , the king went to his own house at hampton court , and having there in vaine expected the commissioners from the houses to treat , retired to reading , where he staid , till he found they had given over all thought of treaty , and they sent him a new scornfull petition , to returne to his parliament with his royall , not his martiall attendance . in january following , the importunity of the city of london , and generall clamour of the people forced them to pretend an inclination to peace ; and so they sent propositions to his majesty , which though but in number , contained the whole matter of the former . with an addition of some bils ready passed the two houses , to which his royall assent was demanded , one of which was for the extirpation and eradication of the whole frame of church-government ; and another for the confirming an assembly of such divines as they had chosen , to devise a new government , which they were so much the fitter to be trusted with ▪ because in the whole number , ( which consisted of above one hundred , and might be increased as they thought fit ) there were not above a dozen , who were not already declared enemies to the old , to the which notwithstanding there were few of them who had not subscribed , and a promise required from his majesty , that he would give his assent to all such bils which the two houses should hereafter present to him , upon consultation with that assembly . how extravagant soever these propositions were , the king so much subdued and suppressed his princely indignation , that he drew them to a treaty even upon those propositions , expecting ( as he expressed in his answer , when he proposed the treaty ) that such of them as appeared derogatory from , and destructive to his just power and prerogative , should be waved , and many other things that were darke and doubtfull in them , might be cleared and explained upon debate ; and concluding that if they would consent to a treaty , they would likewise give such authority and power of reasoning to those , whom they should trust , that they might either give or take satisfaction upon those principles of piety , honour , and justice , as both sides avowed , their being governed by . how that treaty was managed , how their commissioners were limited and bound up by their instructions , that they had no power to recede from the least materiall tittle of the propositions upon which they treated ; how they were not suffered to stay one houre beyond the time first assigned to them , albeit his majesty earnestly desired the treaty might be continued , till he had received an answer to propositions of his owne , which he had sent to the houses , because the committee had no power to answer them ; and how the same day their commissioners left oxford ; the earl of essex marched with his whole army to besiege reading , is known to all men , who may conclude thereupon , that they never intended that treaty should produce a peace . on the other side , the king proposed only , that his ships might be restored to him , and his castles , and revenue , which by the confession of all had been violently taken from him ; and that his majesty and the members of both houses , who had been driven from westminster might either return thither , upon such a provision as might secure them against tumults for the future ; or that the parliament might be adjourned to some safe place , and so all armies presently to be disbanded : to which proposition from his majesty , they never vouchsafed to return answer , and the king after he had above a month in vain expected it from them ; and in that time received a good supply of ammunition , which he was before thought to want , sent another message by mr. alexander hambden on the of may , . in which he told them , that when he considered that the scene of all the calamity was in the bowels of his own kingdome , that all the bloud which was spilt was of his owne subjects ; and that what victory it should please god to give him , must be over those who ought not to have lifted up their hands against him ; when he considered that those desperate civill dissentions , might encourage and invite a forain enemy to make a prey of the whole nation ; that ireland was in present danger to be lost ; that the heavy judgments of god , plague , pestilence , and famine , would be the inevitable attendants of this unnaturall contention ; and that in a short time there would be so generall a habit of uncharitablenesse and cruelty contracted throughout the kingdome , that even peace itself would not restore his people to their old temper and security ; his majesty could not suffer himself to be discouraged though he had received no answer to his former message , but by this did again with much earnestnesse desire them to consider what he had before offred , which gave so fair a rise to end those unnaturall distractions . this most gracious message from the king , met with so much worse entertainment and successe then the former , as it was not only ever answer'd , but the messenger likewise ( being a gentleman of quality and singular integrity ) though he was civilly received by the house of lords , to whom he was directed , was by the house of commons apprehended and imprisoned , and never after freed from his restraint , till he ended his life , after a long and consuming sicknesse . this is the messenger they mean , who ( to excuse their inhumanity and cruelty towards him ) they say , at the same time he brought a specious message of renewing a treaty , was instructed how to manage that bloudy massacre in london , which was then designed by vertue of the kings commission , since published . before any thing be said of that plot , it is known , that gentleman was imprisoned many daies before there was any mention of a plot ; and the house of peers solemnly expostulated the injury done to them in it , and in vaine required his inlargement , which they would not have done , if there had been any other objection against him , then the comming without a passe from their generall , which was never understood to be requisite , till the house of commons very few daies before declared it to be so , albeit themselves sent messengers to the king without ever demanding a passe . now to the plot it self ; they have indeed published a narration of that plot , which served their turn barbarously to put two very honest men to death , and to undoe very many more ; and it is very probable they made that relation as full and clear , as their evidence enabled them to do , and yet who ever reads it , cannot conclude reasonably , that there was ever more in it , then a communion between honest men , of good reputation and fortunes , and desirous of peace , how they might be able to discountenance that disorderly rabble , which upon all occasions protested against peace , by appearing as strong and considerable in numbers as they , and which certainly ought to have found as great countenance and encouragement from the parliament , as the other ; these discourses produced a disquisition of the generall affections of the city , and that a more particular computation and estimate of the inclinations of particular men , and so mention of severall things which in such and such cases would be necessary to be done ; and these discourses being by the treachery of a servant discovered to those , who could compound plots and conspiracies out of any ingredients , they joyned those and a commission they had likewise met with , together , and so shaped a conspiracy , that they used as a scar-crow to drive away any avowed and publique inclinations for peace , the pressing whereof at that time was like to prove inconvenient to them ; but those discourses , and that commission , had not the least relation to each other , nor was there one man , who was accused of or privy to those discourses , whose name was in that commission , or indeed privy to it , which had issued out a good time before , and was to have been made use of ( being no other then a fair legall commission of array in english ) if the kings motion with his army towards those parts gave the people so much courage to appear for him ; nor can there be a sober objection against the kings granting such a commission , when they had their ordinances ready upon all occasions , to be executed in the kings quarters , and had named commissioners for that purpose in all the counties of the kingdome . but to proceed , in the overtures for peace , from the end of the treaty at oxford , which was in april , . they never made one overture or addresse to his majesty towards peace , till the end of november , . in the mean time what approaches the king made towards it must be remembred : after the taking of bristol , when his majesties strength and power was visible and confessed in the west , and in the north , and the enemies condition apparently low , and in many of their opinions even desperate ; the king albeit his last messenger was still in prison , and no answer to his messages , by his declaration of the of june , again renewed all the professions and offers he had before made , and told them , that revenge and bloud thirstinesse had never been imputed to his majesty by those , who had neither left his government or nature un-examined with the greatest boldnesse and malice , and therefore besought them to return to their allegiance : what passed from his majesty himself , and from the lords and commons at oxford in march following , and with what importunity , they desired there might be a treaty , by which some waies & means might be found , how a peace might be procured , and how peremptorily and disdainfully they rejected that desire in their answer to his majesty of the of march , because the greatest , and the greatest number of the peers of the kingdome , and the greatest part of the house of commons , then with his majesty at oxford , seemed by him to be put in an equall condition with them at westminster , though they had been content since to put the officers of the army into at least an equall condition with them , by treating with them , is to be seen and read , and needs no repetition . in july following , which was in the year . after he had routed the best part of sir william waller's army , and taken his cannon , his majesty sent from evesham another message to the two houses , to desire them , that there might yet be a cessation , and that some persons might be sent to him with any propositions that might be for the good of his people , and he would condescend to them : to which they never returned answer . two months after , on the of september , when he had totally defeated the army of the earl of essex in cornwall , taken all their cannon , armes , and baggage ; the king again sent to them , that the extraordinary successe with which god had blessed him in so eminent a manner , brought him no joy for any other consideration , then for the hopes he had , that it might be a means to make others lay to heart , as he did , the miseries brought and continued upon this kingdome by this unnaturall war , and that it might open their ears , and dispose their minds to imbrace those offers of peace and reconciliation , which had been so often and so earnestly made unto them by him , and from the constant and fervent endeavours of which he resolved never to desist : and so conjured them to consider his last message and to send him an answer : to this message likewise , they never sent answer : and these were the tenders made by his majesty , which they say were never fit for them to receive ; we shall now proceed to those they thought fit to offer , and accuse his majesty for not accepting . on the of november , . the committee from the two houses brought the propositions to the king , which , they say , were agreed on by the parliaments of both kingdoms not only as just , but necessary also for the very being of these kingdoms in a setled peace and safety : and which required his majesty to resigne up all his regall power in his three kingdomes , to those who sent those propositions ; to take their covenant , and injoyne all others to take it ; and to sacrifice all his owne party ( who had served him honestly and faithfully ) to the fury and appetite of those , who had cast off their allegiance to him , and to leave himself the meer empty name of a king. how the twenty daies were afterwards spent at uxbridge , is published to the world , in which the last observation made by the king's commissioners must not be forgotten , that after a war of neer foure years , for which the defence of the protestant religion , the liberty and property of the subject , and the priviledges of the parliament , were made the cause and grounds , in a treaty of twenty daies , nor indeed in the whole propositions upon which the treaty should be , there hath been nothing offered to be treated concerning the breach of any law , or of the liberty , or property of the subject , or priviledge of parliament , but onely propositions for the altering a government established by law , and for the making new laws , by which almost all the old are or may be cancelled ; and there hath been nothing insisted on of the kings part , which is not law , or denied by the kings commissioners that the other required , as due by law. for the protestation , which they say , was entred ( about the time of this treaty ) in the councell-book , and of which his majesty gave the queen account , it is known to be no other then a declaration , that by calling them a parliament , there could be no acknowledgment inferred , that he esteemed them a free parliament , which few at that time did believe them to be ; and they have since upon as small reasons confessed themselves not to be . they alleage , as a wonderfull testimony of their meeknesse and good nature , that after his majesties armies were all broken , so that in disguise he fled from oxford to the scots at newarke , and from thence went to newcastle , they tendred to him at newcastle , and afterwards , when the scots had left him to the commissioners of parliament , at hampton-court , still the same propositions in effect , which had been presented before in the midst of all his strength and forces : which is rather an argument that they had at first made them as bad as possibly they could , then that they were good since ; and ( considering the natures of these declarers ) there cannot be a more pregnant evidence of the ilnesse and vilenesse of those propositions , then that they have not made them worse ; nor is the condition in which they have now impiously put his majesty for his refusall , worse , then it had been , or would be ( his personall liberty only excepted ) if he consented to them ; and in one consideration it is much better , because it is now a confessed act of violence and treason upon him , which if he once consent to their propositions , they will ( when ever they find occasion ) appear legally qualified to do the same . they have once again out of their desire of his majesties concurrence descended to one other addresse to him , and they said , they did so qualifie the said propositions , that where it might stand with the publique safety , his wonted scruples and objections were prevented or removed , and yeilded to a personall treaty , on condition the king would signe but foure bils , which they judged not only just , and honourable , but necessary even for present peace and safety during such a treaty ; and upon his deniall of these , they are in despair of any good by addresses to the king , neither must they be so injurious to the people , in further delaying their setlement , as any more to presse his consent , to these or any other propositions . what the former propositions and addresses to his majesty have been , and how impossible it hath been for him to consent to them with his conscience , honour , or safety , appears before ; and how inconvenient it would have been to the kingdome if he had done it , they themselves have declared , by making such important alterations in respect of the english interest in those presented at newcastle , from the other treated on at uxbridge ; it will be fit therefore to examine these foure bils which were to be the condition of the treaty . one of these bils is , to devest his majesty and his posterity for ever of any power over the militia , and to transfer this right , and more then ever was in the crown , to these men , who keep him prisoner ; for it is in their power whether they will ever consent that it shall be in any other ; and to give them power to raise what forces they please , and what mony they think fit upon his subjects ; and by any waies or means they appoint , and so frankly exclude himself from any power in the making laws . there need no other answer , why it is not fit or possible for the king to consent to this , then what the commissioners from scotland gave to the houses , when they declared their dissent ; if the crownes have no power of the militia , how can they be able to resist their enemies , and the enemies of the kingdomes , protect their subjects , or keep friendship or correspondence with their allyes ? all kings by their royall office and oath of coronation are obliged to protect their laws and subjects , it were strange then to seclude the crown for ever from the power of doing that , which by the oath of coronation they are obliged to perform , and the obedience whereunto falleth within the oath of allegiance ; and certainly if the king and his posterity shall have no power in making laws , nor in the militia , it roots up the strongest foundation of honour and safety which the crown affords , and will be interpreted in the eyes of the world , to be a wresting of the scepter and sword out of their hands . nor can this just and honourable assertion be answered , and evaded , by saying , that the militia was the principall immediate ground of their quarrell , in order to the preservation of religion , and the just rights and liberties of the people ; and that the scots commissioners have often agreed with them in it , and that the kingdome of scotland fought together with them for it , and upon the ground thereof ; and that now they argue against their injoying it , almost in the very same words , as the king did at the beginning of the war in his declarations . it is no wonder that what these men have done , and the horrid confusion they have made , have evinced many truths , which appeared not so manifest to all understandings by what the king said , or that they have not so good an opinion of those , who tell them that there is another and a more naturall way to peace , and to the ending the war , then by agreement , namely by conquest ; as they had of them who with all imaginable solemnity swore that they would sincerely , really , and constantly endeavour with their estates and lives , mutually to preserve and defend the king's majesties person , and authority in the preservation and defence of the true religion , and liberties of the kingdomes , that the world may bear witnesse with their consciences of their loyalty , and that they had no thoughts or intentions to diminish his majesties power and greatnesse , which engagements might perswade many , that their purposes were other then they now appear to be . for that other power , they require to raise what monies they please , and in what way they please ; all the people of england will say , that which the army said honestly in their representation , agreed upon at newmarket on the & of june against the ordinance of indempnity , we shall be sorry that our relief should be the occasion of setting up more arbitrary courts , then there are already , with so large a power of imprisoning any free-men of england , as this bill gives , let the persons intrusted appear never so just and faithfull . indeed that is asked of his majesty by this bill , which the king can neither give , nor they receive ; the king cannot give away his dominion , nor make his subjects , subject to any other prince or power , then to that under which they were born ; no man believes that the king can transfer his soveraigne power to the french king , or the king of spaine , or to the states of the united provinces ; nor by the same reason can he transfer it to the states at westminster . and the learned and wise grotius ( who will by no means endure that subjects should take armes against their princes upon any specious pretences whatsoever ) concludes , si rex tradere regnum , aut subjicere moliatur , quin ei resisti in hoc possit non dubito , aliud enim est imperium , aliud habendi modus , qui ne mutetur obstare potest populus ; to the which he applies that of seneca , etsi parendum in omnibus patri , in eo non parendum , quò efficitur ne pater sit ; and it may be this may be the only case in which subjects may take up defensive armes , that they may continue subjects ; for without doubt no king hath power , not to be a king , because by devesting himselfe he gives away the right which belongs to others , their title to , and interest in his protection . the two houses themselves seemed to be of opinion , when in their declaration of the of may , . they said , the king by his soveraignty is not enabled to destroy his people , but to protect and defend them ; and the high court of parliament , and all other his majesties officers and ministers ought to be subservient to that power and authority , which law hath placed in his majesty to that purpose , though he himself in his own person should neglect the same : so that by their own judgment and confession it is not in the king's power to part with that , which they ask of him ; and it is very probable , if they could have prevailed with him to do it , they would before now have added it to his charge , as the greatest breach of trust that ever king was guilty of . they cannot receive what they ask , if the king would give it ; in the journall of the house of commons , they will find a protestation entred by themselves in the third year of this king , when the petition of right was depending , in the debating whereof some expressions had been used , which were capable of an ill interpretation ; that they neither meant , nor had power to hurt the king's prerogative : and the lord chief justice coke , in the fourth part of his institutes , published by their order since the beginning of this parliament , saies , that it was declared in the year of king edw. . by the lords and commons in full parliament , that they could not assent to any thing in parliament , that tended to the disherison of the king and his crowne , whereunto they were sworne : and judge hutton in his argument against ship-mony , printed likewise by their order since this parliament , agrees expresly , that the power of making war & leagues , the power of the coyne , and the value of the coynes ( usurped likewise by these declarers ) and many other monarchicall powers and prerogatives , which to be taken away , were against naturall reason , and are incidents so inseparable , that they cannot be taken away by parliament : to which may be added the authority of a more modern author , who uses to be of the most powerfull opinion , mr. martin , who saies , that the parliament it self hath not , in his humble opinion , authority enough to erect another authority equall to it self ; and these ambitious men , who would impiously grasp the soveraign power into their hands , may remember the fate which attended that ordinance in the time of king hen. . to which that king metu incarcerationis perpetuae compulsus est consentire , and by which the care and government of the kingdom was put into the hands of four and twenty ; how unspeakable miseries befell the kingdom thereby , and that in a short time , there grew so great faction and animosity amongst themselves , that the major part desired the ordinance might be repealed , and the king restored to his just power ; that they who refused came to miserable ends , and their families were destroyed with them , and the kingdome knew no peace , happinesse , or quiet , till all submission and acknowledgment , and reparation was made to the king , and that they got most reputation , who were most forward to return to their duty ; so that it is believed , if the king would transfer these powers , though many persons of honour and fortune have been unhappily seduced into this combination ; that in truth no one of those would submit to bear a part of that insupportable burthen , and that none would venture to act a part in this administration , but such whose names were scarce heard of , or persons known before these distractions . if the king should consent to another of their four bils , he should subvert the whole foundations of government , and leave himself , posterity , and the kingdome without security , when the fire , that now burns , is extinguished , by making rebellion , the legitimate child of the law ; for if what these men have done be lawfull and just , and the grounds upon which they have done it be justifiable , the like may be done again ; and besides this , he must acknowledge and declare all those who have served him faithfully , and out of the most abstracted considerations of conscience and honour , to be wicked and guilty men , and so render those glorious persons , who have payed the full debt they owed to his majesty and their country , by loosing their lives in his righteous cause , and whose memories must be kept fresh and pretious to succeeding ages , infamous after their deaths , by declaring , that they did ill , for the doing whereof , and the irreparable prejudice that would accrue thereby to truth , innocence , honour , and justice , all the empires of the world would be a cheap and vile recompence . nor can this impossible demand be made reasonable by saying , it would be a base and dishonourable thing for the houses of parliament being in that condition they are , to have treated under the gallows , to have treated as traytors , their cause being not justified , nor the declarations against them as rebels recalled . it would be a much more base and dishonourable thing , to renounce the old and new testament , and declare that they are not the word of god ; to cancell and overthrow all the lawes and government of the kingdome ; all which must be done , before their cause , or their manner of maintaining their cause can be justified : and if that were not perversly blind to their owne interest , they would know and discerne , that such an act is as pernitious to themselves , as to truth and reason , their own security depending on nothing more , then a provision , that no others for the time to come , shall do what they have done ; nor can they enjoy any thing , but on the foundation of that law they have endeavoured to overthrow . the king hath often offered an act of oblivion , which will cut down all gallows , and wipe out all opprobrious tearms , and may make the very memory and mention of treason and traytors , as penall , as the crimes ought to have been ; they who desire more , aske impossibilities , and that which would prove their own destruction ; and who ever requires their cause to be justified , can have no reason for doing it , but because he knows it is not to be justified . the end of the third bill is to dishonour those of his own party , whom he hath thought fit to honour ; and to cancell those acts of grace and favour he vouchsafed them , which is against all reason and justice , for if he had no power to confer those honours , there needs no act of parliament to declare or make them void ; if he had power , there is no reason , why they should be lesse lords upon whom he conferred that honour the last year , then those he shall create the next : nor is this proposition of the least imaginable moment to the peace of the kingdome , or security of a treaty ; though it be of no lesse concernment to his majesty , then the parting with one of the brightest flowers in his crown . the last bill is to give the two houses power to adjourn , to what place , and at what time they please , which by the act of continuance , they cannot now do , without the king's consent , though there is no reason they should attribute more to his person in that particular , then they doe in other things , to which his assent is necessary , and if they do indeed believe , that his regall power is virtually in them , they may as well do this act without him , as all the rest they have done . the king in his message of the of april , . rather intimated , then propounded the adjournment of the parliament to any place twenty miles from london , which the houses should choose , as the best expedient he could think of , for his owne and their security from those tumultuous assemblies which interrupted the freedome thereof ; to which though they returned no answer to his majesty , yet in their declaration after that treaty at oxford , they declared the wonderfull inconvenience and unreasonablenesse of that proposition ; the inconveniences that would happen to such persons that should have occasion to attend the parliament by removing it so far from the residency of the ordinary courts of justice , and the places where the records of the kingdome remaine ; that it would give a tacite consent to that high and dangerous aspersion of awing the members of this parliament , and it would give too much countenance to those unjust aspersions laid to the charge of the city of london , whose unexampled zeale and fidelity to the true protestant religion , and the liberty of this kingdome ( they said ) is never to be forgotten , and that they were wel-assured , that the loyalty of that city to his majesty , and their affections to the parliament , is such , as doth equall , if not exceed , any other place or city in the kingdome ; which reasons being as good now , as they were then , the king hath followed but their own opinion in not consenting to this bill . in a word ; all the world cannot reply to his majesties owne answer upon the delivery of these four bils , or justifie their proceeding , that when his majesty desires a personall treaty with them for the setling of a peace , they in answer propose , the very subject matter of the most essentiall part thereof to be first granted ; and therefore the king most prudently and magnanimously declares , that neither the desire of being freed from this tedious and irksome condition of life he hath so long suffered , nor the apprehension of what may befall him , shall make him change his resolution of not consenting to any act , till the whole peace be concluded ; for in truth nothing is more evident , then that if he passe these bils , he neither can be able to refuse any thing else they shall propose , for he hath reserved no title to any power , nor can have reason to do it , for having resigned his choicest regalities , it would be great improvidence to differ with them upon more petty concessions , and having made all honest men guilty , he could not in justice deny to refer the punishment of them to those , who could best proportion it to the crimes : so that a treaty could afterwards be to no other end , then to finish his owne destruction with the greater pomp and solemnity : whereas the end of a treaty is ( and it can have no other ) upon debate to be satisfied , that he may lawfully grant what is desired , that it is for the benefit of his people , that he should grant it , how prejuditiall soever it may seem to himself , and that being granted , himself shall securely enjoy what is left , how little soever it be , and that his kingdome shall by such his concessions be intirely possessed of peace and quiet ; the last of which cannot be , ( at least his majesty hath great reason to suspect it may not ) without the consent of the scots , who peremptorily protest against these four bils , and say that it is expresly provided in the article , that no cessation nor any pacification or agreement for peace whatsoever shall be made by either kingdome , or the armies of either kingdome without the mutuall advice and consent of both kingdomes , or their committees in that behalf appointed , which is neither answered , or avoided , by saying , that no impartiall man can read that article of the treaty , but he must needs agree , that it could be meant only whilst there was war , and armies on both sides in being ; and that it must of necessity end , when the war is at an end ; for besides that war is not , nor can be at an end , till there be an agreement , ( and if it be , why is there so great an army kept up in the kingdome ? ) by the same reason that article was so understood as it is now urged by the scots before their comming into the kingdome , it may be so understood after they are gone ; and that the houses themselves did understand it so , in the beginning of january , . before the scots army entred , appears by a declaration mr. st. johns made at that time in the name of the houses ( and printed by order ) to the city of london at guild-hall , upon the discovery of a cunning plot ( as they said ) to divide and destroy the parliament and the city of london , under the notion of peace ; and by engaging them in a treaty of peace , without the advice and consent of their brethren of scotland , which ( he said ) would be contrary to the late articles solemnly agreed upon by both kingdomes ▪ and to the perpetuall dishonour of this nation by breach of their publique faith engaged therein to that nation ; so that the two houses having given their judgment in the point , the king hath great reason , if he had no other , to have the whole well debated before him , and the severall interests weighed and agreed upon , before he give his consent to any particulars , which will else produce more mischief then his refusing all can possibly doe . nor will these and their other extravagant and licentious demands be better justified , by their undervaluing the kings present power , in their insolent question in their late declaration concerning the scots commissioners ( which in truth , throughout is but a paraphrase upon that speech of demetrius to his companions of the like occupation , sirs , you know that by this craft we have our wealth ) what can the king give them , but what they have already ? it is not out of their duty or good will to him , that they make any application to him , and if they did indeed believe , that his majesty could give them nothing , but what they have already , he should hear no more from them , but they very well know , they have yet nothing , except he give them more ; and that the man that is robbed and spoyled of all that he hath , when he hath procured a pardon for , and given a release to the thieves and robbers , he hath given them more , then they had before , and that which onely can make , what they had before of benefit and advantage to them ; they know and will feel the judgment upon the wicked man in job , he hath swallowed down riches , and he shall vomit them up again , god shall cast them out of his belly ; because he hath oppressed , and hath forsaken the poor , because he hath violently taken away a house which he builded not ; in the fulnesse of his sufficiency he shall be in straits : that all their reproachings and revilings with which they have triumphed over the lords anointed , must come into their bowels like water , and like oyle into their bones ; and that nothing can restore and preserve them , but the antidotes , and cordials , and balme , which the king only can administer ; they know very well , that even the most unfortunate kings , that ever have been in england , could never be destroyed without their own consent ; and that all their power , and strength , and successe ( though for a time it may oppresse ) can never subdue the crown without its owne being accessary to its own ruine ; and the king very well knows , that what he yet suffers is not through his own default , but by such a defection as may determine all the empires of the world , and that in the unspeakable miseries ( which all his good subjects have undergone ) he is yet innocent ; the conscience whereof hath refreshed him in all his sufferings , and maketh him superiour to their insolence , contempt and tyranny , and keeps him constant to his princely and pious resolution ; but that , if by any unhappy consent of his own , such an establishment shall be made , as shall expose himself , his posterity and people to misery , it will lie all upon his own account , and rob him of that peace of mind , which he now enjoyes and values above all the considerations of the world , well knowing that god requires the same , and no more of him , then he did of his servant joshuah , only be thou strong , and very couragious , that thou mayest observe to doe according to all the law which moses my servant commanded thee , turne not from it to the right hand , or to the left , that thou mayest prosper whithersoever thou goest . honest men and good christians will be lesse moved with their bold and presumptuous conclusion , which they have learned from their new confederates the turkes , that god himself hath given his verdict on their sides , in their successes ; not unlike the logick used by dionysius , who because he had a good gale of wind at sea , after he had sacked the temple of proserpine , concluded , that the immortall gods favoured sacriledge . it is very true , they have been the instruments of gods heavy judgments upon a most sinfull people , in very wonderfull successes , yet if they would believe solomon , they would find , there is a time wherein one man rules over another to his own hurt ; and prosperity was never yet thought a good argument of mens piety , or being in the right ; and yet if these men did enough think of god almighty , and seriously revolve the works of his owne hand throughout this rebellion , and since they had looked upon themselves as conquerours , they would be so far from thinking that he had given his verdict on their side , that they would conclude , that he hath therefore onely suffered to prosper to this degree , that his owne power and immediate hand might be more cleerly discerned and manifested in their destruction , and that the cause might appear to be his own by his most miraculous vindication of it . if master hambden had been lesse active and passionate in the businesse of the militia , which might have proceeded from naturall reason , and reformation of his understanding , the judgment and verdict of god would not have been so visible as it was in the loosing his life in that very . field , in which he first presumed to execute that ordinance against the king. if sir john hotham had never denied his majesty entrance into , and shut the gates of hull against him , from which naturall allegiance , and civill prudence might have restrained him , the judgment and verdict of god had been lesse evident then it was , when after he had wished , that god would destroy him and his posterity if he proved not faithfull to the king , at the same time that he had planted his cannon against him ; he and his son were miserably executed by the judgment of those , who but by his treason could never have been enabled to have exercised that jurisdiction ; and that having it in his power he should perfidiously decline to serve his majesty , and afterwards loose his head for desiring to do it , when he had no power to perform it . they who remember the affected virulency of sir alexander carew against the king , and all those who adhered to him ; and how passionately he extolled and magnified the perjury and treachery of a servant , as if he had done his duty to the kingdome by being false to his master the king ; and that this man afterwards should by the treachery of his servant be betrayed , and lose his head by their judgments , for whose sakes he had forfeited it to the king , cannot but think the verdict of god more visible then if he had contained himself within the due limits of his obedience , and never swarved from his allegiance . to omit infinite other instances , which the observation of all men can supply them with , the verdict of god had not been so remarkable and notorious , if the king had prevailed with his army , and reduced his rebellious subjects to their duty , which might naturally have been expected from the cause , and the fate that rebels usually meet with ; as that after a totall defeat of the king's forces , and their gaining all the power into their hands , they could possibly propose to themselves , they should not only be in more perplexity and trouble , then when they had a powerfull army to contend with , but in more insecurity and danger , then if they had been overcome by that army . that the city of london should be exposed to all imaginable scorn , contempt and danger , upon the same ordinance of the militia , by which their pride and sedition principally exposed the kingdome to the miseries it hath endured ; that the same arts and stratagems of petitions and acts of common councell with which they affronted the king , and drove him from them , should be applied to their own confusion and ruine . that those members who were the principall contrivers of our miseries , the most severe and uncharitable persecutors of all , who were not of that opinion , and the greatest cherishers of those tumults , which drove the king and all that wished well and were faithfull to him from westminster , should themselves be persecuted for their opinions by those , whom they had supported , and be driven thence by the same force ; and as they had to make the king odious to the people against their own consciences , cast aspersions on him of favouring the rebellion in ireland ; so themselves to the same end , should be accused of the obstructing the relief of ireland ; so that to some of them , that story of jason , ( which though it be not canonicall scripture , is yet canonicall history ) may be literally applied , who slew his own citizens without mercy , not considering , that to get the day of them of his own nation , would be a most unhappy day for him , who afterwards flying from city to city , was pursued of all men , hated as a forsaker of the laws , and being had in abomination , as an open enemy of his country and country-men , was cast out into aegypt : thus he that had driven many out of their country , perished in a strange land , and he that had cast out many unburied , had none to mourn for him , nor any solemn funerall at all , nor sepulcher with his fathers . that they who told the king , that if he should persist in the deniall of the militia , the dangers and distempers of the kingdome are such , as would endure no longer delay , but unlesse he would be graciously pleased to assure by those messengers , that he would speedily apply his royall assent to the satisfaction of their former desires , they should be inforced for the safety of his majesty and the kingdomes , to dispose of the militia by the authority of both houses in such manner as had been propounded , and they resolved to do it accordingly , and upon that ground did raise the rebellion against the king , that these men should be told by their own militia , that they were cleerly convinced and satisfied , that both their duties and trust for the parliament and kingdom , called upon them , and warranted them , and an imminent necessity inforced them , to make or admit of no longer delaies , but they should take such courses extraordinary , as god should enable and direct them unto , to put things to a speedy issue , unlesse by thursday next they received assurance and security to themselves , and the kingdome , that those things should be granted which they insisted on ; which were to have severall acts passed by the houses , speedily reversed , and other acts formerly refused , to be consented to , all which was done accordingly . that their own army should rebell against them upon the principles of their own declarations , which ( they tell them ) directed still to the equitable sense of all laws and constitutions , as dispensing with the very letter of the same , and being supreme to it , when the safety and preservation of all is concerned ; and assuring them that all authority is fundamentally seated in the office , and but ministerially in the persons ; and that it is no resisting of magistracy to side with the just principles and law of nature , and nations : all which were the very grounds and assertions upon which they raised and justified their rebellion against the king. lastly , that this very declaration which they hoped would prepare the minds and affections of the people with so much prejudice to his majesty , that they would concur with them in any desperate act against him and his posterity , should so much incense all sorts of people against them , that they are since looked on , as the most odious scum of men , that ever infested a nation ; and have lost more by it , then they have ever got by any victory . these are the visible instances of gods verdict in the cause , so that if they had ( with all their hypocriticall discourses of religion ) the least sense of gods favours , or fear of his judgments , if they had not said unto him , depart from us , for we desire not the knowledge of thy waies , they would before this have felt , that agony of heart , and trembling in their joynts , out of the very sense of the hand of god upon them , that they would take no rest , till they cast themselves at his feet whom they have offended , and imploy all their faculties towards repayring their gracious soveraign , and binding up the wounds of their almost ruined country . instead of which , to make their madness as publick and notorious as their rebellion , they have resolved , & published their resolutions to the kingdome : . that they will make no further addresse or application to the king . . that no person whatsoever shall make any , without their leave . . that whosoever shall break this order shall incur the penalties of high treason . . that they will receive no more any message from the king , and that no person shall presume to bring any message from the king to them , or to any other person . by the first and last of which , they have made and declared themselves no parliament ; for being called by the king 's writ to treat with him , if they will neither send to him , or hear from him , they can be no longer a parliament . by the second , they have taken away from the subjects of the three kingdomes , that which themselves acknowledge to be their naturall right and liberty , for they say ( and they say truly ) in their declaration of the of may , . that to present their humble desires and propositions to his majesty is a liberty incident unto them , not only as members of parliament , but as free-born subjects , yet this freedom is by this vote taken away . to the third there needs be no more said then what the army ( who no doubt will justifie what they say ) said upon this argument , not only to be denied the right and the liberty to petition , but withall by a censure , no lesse then capitall , to be exposed to a forfeiture of estate , liberty , life , and all , for but going to aske what a man conceives to be his due ; and this without ever asking , or hearing what he can say in his excuse ; would carry so high a face of injustice , oppression , and tyranny , as is not easie to be exampled in the proceedings of the most corrupt and arbitrary courts , towards the meanest single man : and they shall do well to remember their own judgment in their remonstrance of the of may , . in these words , if the solemn proclaiming a man traytor , signifie any thing , it puts a man , and all those that any way aide , assist , or adhere to him into the same condition of traytors , and draws upon him all the consequences of treason ; and if this may be done by law ; without due processe of law , the subject hath a very poor defence of the law , and a very small , if any proportion of liberty thereby ; and it is as little satisfaction to a man that shall be exposed to such penalties , by that declaration of him to be a traytor , to say , he shall have a legall triall afterwards , as it is to condemn a man first , and trie him afterwards . all the particulars of their declaration are now examined , and however these desperate men may flatter themselves , and how long soever they shall continue in this their damnable apostasie ; the present age and posterity will believe that in stead of rendring and making the king appear unworthy of , or unequall to the high office and charge , to which god hath advanced him , they have in truth vindicated him from all those aspertions and blemishes their malice had cast on him , and that he appears the most worthy the great trust he was born to , if he had no other title to it , then his admirable virtue & perfection : after the boldest & strictest inquisition , that was ever made into the life & manners of any gentleman ; after their examining all the actions , and all the words of his life , & with impious licence , perverting and torturing those actions and words with their unreasonable glosses , and interpretations ; after their breaking into his chamber , by corrupting his neerest servants , and thereby knowing what in any passion or indisposition he hath said or done ; after their opening his breast , and examining his most reserved thoughts , by searching his cabinets , perusing his letters , even those he had written in cipher to his dearest consort the queen , and his private memorials ; they have not been able to fix a crime or error upon him , which would draw a blush from the modestest cheek , nor by all their threats , and all their promises , to shake his pious and magnanimous resolutions ; so that in truth , their main trouble and vexation is no other , then david heretofore gave saul , who , when he saw that he behaved himself very wisely , he was afraid of him . but these miserable men must know , that if the king were as unjust , and as oppressing as they would have him believed to be , or as the best of them would be , if he were in his place ; they have not any title or qualification to use him as they have done : for if it were lawfull for subjects to take up armes against their soveraign , upon pretence , that he were injurious , and performed not the duty and office of a king , besides the confusion , that must follow , upon their assuming the judgment in that case , they would have it in their power to resist , and avoid one of the greatest and most immediate judgments which god sends to correct and chastise a nation , which hath provoked him to displeasure : and the egyptians wil i give over into the hand of a cruel lord , and a fierce king shal rule over them , saies god himself by the prophet isaiah ; he that can destroy a nation by what judgement he pleases ; he that can humble this people by a famine , and destroy that by a plague , may if he think fit , chuse to doe either by the cruelty and fiercenesse of a king , i gave thee a king in mine anger , saies the same spirit by the prophet hosea . now if it were lawful for us to be angry with that king , whō god hath in his anger given us ; or to be fierce against him , whose fiercenesse the lord hath sent as his judgment upon us , we might easily elude those sentences of his wrath , and drive those afflictions from us , by our own courage , without waiting his leisure for our redemption : and it may be no ill reason of that expression in the prophet samuel , that rebellion is as the sin of witchcraft , that as men go to witches , and witches go to the devill , to get or discover somewhat , which god would not have them get or discover ; so they who rebell , endeavour by the help of the devil , to be too hard for god almighty , and to avoid by their own skill and activity , a calamity , by which god meant to reclaim them ; the wrath of a king is as messengers of death , but a wise man will pacifie it , saies solomon ; not , oppose and resist , or rebell against it ; and yet the same solomon tels us , that wrath is cruell ; there is an ingredient of injustice , of uncharitablenesse , of cruelty in all wrath , and yet the wise man , the honest , just , conscientious man , thinks of nothing but pacifying it ; gentlenesse , application , and humility should be used to soften and mollifie his wrath ; indeed , so much is due to any wrath ; a wise and a charitable man , will take so much pains to reform and compose the wrath and distemper of his neighbour , of his equall ; but there is much more to be done to the wrath of a king ; and tremelius extends this care of the wise man much further , then such a pacifying , and renders this text , vir sapiens expiabit eam , let this wrath be never so unjust , so unreasonable , so immerited , the wise man , expiabit eam ; he will behave himself as if the fault were in him , as if he had provoked and incensed the king to that wrath , he will expiate , he will give satisfaction by prayer , by submission , by any sacrifice that may pacifie , and be acceptable to the offended majesty ; and by an exact and punctuall performance of what becomes a subject , convince the king of the errour and mistake of his passion ; they who under pretence of innocence and of faultlesnesse , neglect and contemn the anger and displeasure of princes , are not innocent enough , nor look on majesty with that reverence , which becomes them ; solomons wise man will expiate the kings wrath from what fountain of passion or prejudice soever it proceeds . it cannot be denied , that unjust , cruell and unmercifull princes are great afflictions and judgments upon a people ; yet the calamities under such are much more supportable , then the confusion without any ; and therefore god frequently exercised his peculiar and chosen people , with profane , wicked , and tyrannicall kings , and refreshed them again , with pious , and devout , and just princes , but it was a signall mark of their desolation , when he declared , that the children of israel should abide many daies without a king , and without a prince ; and it was a sure signe , when they had no king , that they had not feared the lord , and then what should a king do to them ? if the most notable ministers of confusion , and they who apprehend least the effects of it , would but a little consider in their own stations , the misery and desolation that must inevitably attend the breach of order and subjection in little ; if the father thought of the impossibility of living in his own house , if his wife and children might follow the dictates of their own reasons , and wills , and appetites , without observing his rule and directions ; if the master would consider the intolerablenesse of his condition , if his servants might question , dispute , and contemn his commands , and act positively against them , they would be the more competent considerers of the mischiefs and miseries that must befall kingdomes and common-wealths ; if subjects may rebell against the power and authority of princes , whom god hath appointed to governe over them ; there is not one of these declarers , who doth not think he hath a prerogative vested in him by nature ; it is the prerogative of the husband , the father , the master , not to have his pleasure disputed , by his wife , his child , his servant , whose piety consists in obedience ; yet they cannot endure the mention of the kings prerogative , by , and under which , only it is possible for them to enjoy theirs . it was a wel-weighed scoffe , by which lycurgus convinced him , who desired him to establish a popular government in lacedemon , begin ( said he ) first to do it in thine own house ; and truly though these ephori ( whose profession is to curb the power of kings ) intended nothing lesse , then to part with the least tittle of their own just authority , they are appealed to , whether they have not felt that power insensibly shrink from them , whilst they have been ambitiously grasping at that belonged not to them ? is the piety of children , and the obedience of servants the same it was before these daies of licence ? hath not god sent the same defection of reverence , kindnesse , and affectionate inclinations into families , to the rooting up and extirpating of all possible joy , and delight in each other , which the heads of those families have cherished and countenanced in the state ? it may be there would not be a better or an easier expedient to reduce our selves , and recover that allegiance we have forsaken , then by sadly waighing and considering , the effects , and kinds , and species of gods judgments upon us , since we have been guilty of that breach ; if every father whose soule hath been grieved and afflicted with the pertinacious undutifulnesse of a child , would believe ( as he hath great reason to do ) that god hath sent that perversnesse and obstinacy into his own bowels , to punish his peremptory disobedience to the father of the kingdom , his soveraign lord the king ; if every master of a family , who hath been injured , betrayed and oppressed , by the treachery , infidelity , or perjury of a servant , would remember how false , unfaithfull and forsworn , he hath been to his master the king , and conclude that his servant was but the minister of gods vengeance upon him , for that transgression ; if the whole nation would consider the scorn , contempt and infamy it now endures and suffers under , with all nations , christian and heathen in the known world , and confesse that god hath sent that heavy judgment upon them , for their contempt of him , for whose sake they were owned and taken notice of for a nation ; it would not be possible but we should bring our selves to that true remorse of conscience for the ill we have done , that god would be wrought upon to take off the ill we have suffered , and we could not entertaine a fond hope of injoying the least prosperity our selves , without restoring to the king what hath been rebelliously taken from him. they say , that though they have made those resolutions of making no more applications to the king , yet they will use their utmost endeavours to settle the present government as may best stand with the peace and happiness of this kingdome . what the present government is , no man understands , and therefore cannot know what that peace and happinesse shall be , which they intend shall accrue to the kingdome by it ; the little cabinet of peers ( for the house is shrunk into that proportion ) hath no share in it , as appeares by the giving possession of the navy to rainsborough without their consent , after they had asked it ; and by their doing many other things of high moment , without so much as asking their concurrence ; that it is not in the commons is as plain by their repealing such acts of their owne , and making others , as the army requires them to doe ; and that the army is not possest of it , needs no other argument , then the invasion and violation of all the articles ever made by the army upon any surrender , which if the power were in them , would for their own honour have been observed , so that the endeavour they promise to use to settle the present government , is to take an effectuall care , that all laws and legall authority may for the present be so suppressed , that there may be no government at all : and truly it may be in their power for some time to improve the confusion that is upon us , and to draw on the desolation which attends us ; but to settle any kind of government , which can bring peace , or any degree of happinesse to the languishing kingdome , nay which can be any security to themselves and their posterity , except they submit to the good old one , under which they were born , cannot be within their power , nor sink into their reasonable hope : nothing is more demonstrable , then that they can never establish a peace to the kingdome , or any security to themselves , but by restoring the just power to the king , and dutifully submitting and joyning themselves to his protection ; and it is as manifest , that by that way , they may restore the kingdome to peace , and preserve themselves and families and posterities in full security and honour : the examination and cleering of which two propositions shall conclude this discourse . the reverence and superstition which the people generally paid to the name and authority of parliament , and by which they have been cozened into the miserable condition they now are in , is so worn out , that without captivating their reasons any longer to it as a councell , they plainly discern , the ambition , weaknesse , vanity , malice , and stupidity of the particular members , of whom it is , and of whom it ought not to be constituted , and easily conclude , that as they have robbed them of the most happy and plentifull condition any free-man of the world ever enjoyed , so they can never be instruments of any kind of peace and security to them ; and that as they have upon the matter dissolved the noblest structure , and frame of government , in church and state , that hath been at any time in the christian world , so that they are too much transported with passion and guilt , and of too little interest , experience and understanding , to devise and settle a new form , or to mend any defects in the old : besides that , they plainly discern that they are not the ministers of their country for whom they were chosen and deputed , but for the army , whose dictates they are obliged and forced to follow , so that if their inclinations were good , they have not power to execute accordingly : and are like the eagle in esdras , when the voice went not out of her head , but from the midst of her body . the mutuall confidence between them and their army is totally dissolved , it being not possible for the houses ever to repose trust in any army , for they can never believe any army to be more at their devotion , then they had reason to think that under sir thomas fairfax ; nor for the army to pay a full submission to the houses , for , admitting that party which is most powerfull in the army , for the present , is of the same mind and opinion with that party which is most powerfull in the houses , yet being both still rivals for the soveraigne power , they can never intirely trust , or intirely submit to each other ; though the houses should consist of none but such who were glad at that time , that the king was taken from holmby , and that the army did not disband , yet they will alwaies remember , that the one was done without their order or consent , and that the army may do the like again when they think fit , and when it may not turn so much to their advantage ; and that they did not onely not disband at that time , but have declared by their solemn engagement of the army , of june , that they will not disband , nor divide , nor suffer themselves to be divided or disbanded , till they have first security and satisfaction in those things they have desired , in such manner as shall be agreed upon by a councell , to consist of those generall officers of the army ( who have concurred with the army in what they have done , and what they have demanded ) with two commission officers , and two soldiers to be chosen for each regiment , who have concurred , and shall concur with them in the premises and in this agreement ; so that it is evident that the army will be governed , and disposed of only by themselves , for which they have very great reason , and without which indeed they can have no security , for how complying soever the houses are for the present , the souldiers cannot forget , that they were once declared traytors but for preparing a petition , and they wisely observe , that what was done , may be done again ; and by the demurs which have been made concerning the safety and immunity of the speakers and those faithfull members who were driven away by violence , and the immunity of the army in advancing to london , ( notwithstanding the publick acknowledgment and thanksgiving to god for it ) they discern that they are only safe , by the want of power in the houses of what party soever they consist , the ambition , injustice , and tyranny of both being equall . the army have already fully declared against their late votes and resolutions , and therefore it must be presumed they will never concur , or contribute to the supporting them : the generall himself in his letter of the of june , from cambridge , to the speaker , tells him , that as it is his most earnest and humble desire , so he found it to be the unanimous desire and study of the army , that a firm peace in this kingdome may be setled , and the liberties of the people cleared and secured , according to the many declarations by which they were invited and induced to ingage in the late war ; and in the declaration and representation from the generall and the whole army of the of june to the parliament , they tell them plainly and honestly , that they were not a meer mercenary army , hired to serve any arbitrary power of state , but called forth and conjured by the severall declarations of parliament to the defence of their owne , and the peoples just rights and liberties , and so they take up armes in judgment and conscience to those ends , and have so continued them , and are resolved according to the first just desires in their declarations , and such principles as they had received from their frequent informations , and their own common sense concerning those fundamentall rights and liberties ; and to assent and vindicate the just power and rights of this kingdome in parliament for those common ends premised , against all arbitrary power , violence , and oppression , and against all particular parties or interests whatsoever : and in their remonstrance of the of june from s. albons , they say , that the kingdom calls upon them not to disband , till they see the rights , liberties , and peace of the kingdome setled , according to the many declarations , by which they were first called forth , and invited to ingage in the late war. now what those ends , desires , and principles were in their declarations , are set forth before , and known to all men , who have or will read their declar : to be no other then the maintenance of the true protestant religion , the king 's just prerogative , the lawes and liberties of the land , and the priviledges of parliament , in which endeavours ( they said , they would still persist though they should perish in the work ; and they were so far from avowing , that they would not send to , or hear from the king , or not suffer his majesty to come to them , that they declare , that as they never gave him any just cause of withdrawing himself from his great councell , so it had ever been , and should ever be far from them to give any impediment to his return ; and in their declaration in answer to the kings , after the battle at edghill , concerning the allegations , that the army raised by the parliament was to murther and depose the king , they say , they hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandall , especially when they must needs know the protestation taken by every member of both houses , whereby they promise in the presence of almighty god to defend his majesties person : and by that protestation of the of october , . ( remembred before ) they declare in the presence of almighty god , to this kingdome and nation , and to the whole world , that no private passion or respect , no evill intention to his majesties person , no designe to the prejudice of his just honour and authority engaged them to raise forces , and to take up armes ; so that these being the desires , ends , and principles in their declarations , by which the army was invited to ingage in this war , they will not suffer themselves to be betrayed into a perpetuall abjuring their allegiance , or to be made instruments for the destruction of all they were ingaged to defend , but they will discern , that as they may be excused for having upon such specious professions been misled by those , whom they might reasonably believe , ( which hath been the case of many honest men ) so after so palpable a discovery of their wicked purposes , they can only recover and preserve their innocence and credit by abhorring those , who having engaged them to honest publick ends , would now corrupt them to sacrifice their bodies and souls to their own private lusts , malice , and ambitions : and they cannot forget , that true acknowledgment of the lords and commons in their petition of the of december , . to the king , in which they say , they acknowledge his royall favour and protection to be a great blessing and security to them for the injoying and preserving of all those publique and private liberties and priviledges , which belong unto them . if the people could be so mad ; if their fear , or their folly prevailed over them to submit to such a setlement , as these declarers would devise for them , there are not ten of them , whose names are known to the kingdome , who do know and are agreed what kind of government they would establish in church or state ; their feares and jealousies with which they delighted themselves , are now grown reall diseases , and take away their sleep from them ; so that setting aside the peace of conscience , which they contend not for , there is not a man amongst them injoyes that assurance of outward security , as the poor cavalier does , whom they have robbed and spoyled of all that he hath , upon whom all their pride and plenty looks even with an envy and reverence ; is not the seat of the image of jealousie , which provoketh to jealousie ( as it was in ezekiel's vision ) in the gate that looketh toward the north ? and do they not every day look to be destroyed by those , by whose assistance , they have been inabled almost to destroy their country ? they have not a foundation of credit to be trusted or believed at home or abroad , but not only having broken all obligations divine and humane , but publishing such a contempt of those obligations , that they are not henceforth capable of any trust ; for how can they be believed upon oaths ( which are the most solemn bonds between men , when they are lawfully entred into ) when they make glosses & interpretations upon them to serve their turns , directly contrary to the letter and words of the oath ? and if they cannot evade them that way , call them almanacks of the last year , and so out of date to direct them ? when they with whom they have entred into treaties , and the most fast league could be devised , and to whom they have obliged themselves , never to transact any matter of publique concernment to the kingdome without their concurrence , shall be told ) after they have raised them to the pitch they are now at ) that they have nothing to do , to assent , or dissent , attest or protest concerning any thing they shall think fit to establish in this kingdome , either for the government of church or state ? nay , when they shall be told , that it is no more manners in them to presse their advice and insist upon it , then it would be in the same number of spaniards , indians , or the most remote region of the earth ; and that so long , as they needed their assistance , they might have occasion to give them meetings now and then , whereas now since they are able to protect themselves , they may surely be sufficient to teach themselves to go about their own businesse ? it will be necessary to adde , that in all their transactions at home , to which they have applied the publique faith , they have not only not performed the contracts they have made , but resolved at the time when they made them , not to observe them , as appears by the order of the june , . by which the house of commons resolved , that all persons that have or shall come and reside in the parliament quarters , shall take the nationall league and covenant , and the negative oath , notwithstanding any articles that have been or shall be made by the souldiery : and so they did not only break the articles formerly made upon the surrender of exeter and other places , but by vertue of this order , which could not be known to the persons concerned , they evaded those made afterwards upon the surrender of oxford , which were confirmed by themselves ; of which a principall article was , that no man should be compelled to take any oath during the time he was allowed to stay in london , or at his own house , or where he pleased , which was for the space of six months after the surrender . as upon these , and infinite other reasons , the affections and hearts of the people , are quite aliened from the parliament , so they are with an equall vigour recovered and converted to the king , and a full reverence to his sacred person ( the want of which may be held justly the primary cause of all our evils , and the advancement of all our distractions ) and an ample acknowledgment of his princely wisdome , and unparalleld constancy is confessed to be due to him ; and by his truly magnanimous carriage during the time of his restraint , when all persons have been removed from him , who are either inclined to his person , or rights , out of their duty and allegiance , or to his opinions out of judgment and understanding ; by his unshaken constancy , in not being moved from his great principles , with all their promises , and all their threats successively administred to him ; by the sharpnesse and steddinesse of his understanding , with which upon all occasions , and in all discourses with the commissioners , who attended him , he hath demonstrated the impiety in point of religion ; the injustice in point of law ; the unreasonablenesse in point of policy , even in relation to themselves , of all that they have proposed to him in order to peace , with such a clearnesse of judgment , and such a candidnesse of nature , that some of their own ministers , not of the softest and gentlest constitutions , have been forced to their disadvantage , to publish his wonderfull abilities : all men acknowledge that whatsoever hath been wisely said , or prosperously done throughout the managery of his great affairs , hath proceeded from his own virtue and conduct ; and that all the ill successes , and oversights , which have preceded and caused those ill successes , were the effects of the unadvisednesse , unskilfulnesse , and passion of his counsellours and ministers . and that the kings great virtue had , and would have this great influence upon the people , the army well knew , when ( to indear and ingratiate themselves after the taking his majesty from holmby ) they declared in their remonstrance of the of iune from st. albons , that whereas there had been scandalous informations presented to the houses , and industriously published in print , importing as if his majesty were kept as a prisoner amongst them , and barbarously and uncivilly used , they said they could not but declare , that the same , and all other suggestions of that sort , were most false and scandalous , and absolutely contrary not only to their declared desires , but also to their principles , which are most clearly for a generall right and just freedome to all men ; and therefore upon this occasion ( they say ) they cannot but declare particularly , that they desire the same for the king and others of his party , and they further cleerly professed , that they did not see , how there could be any peace to this kingdome , firm or lasting , without a due consideration of , and provision for the rights , quiet , and immunity of his majesties royall family and his late partakers ; and their generall by his letter of the of iuly to the speaker , which was as soon printed as sent , freely acquainted them , that their army had made many addresses to the king , to desire his majesties free concurrence with the parliament , for establishing and securing the common rights and liberties , and setling the peace of the kingdome ; and to assure him , that the publique being so provided for , with such his majesties concurrence , it was fully agreeable to all their principles , and should be their desires and endeavour , that ( with and in such setling of the publique ) the rights of his majesties royall family should be also provided for , so as a lasting peace and agreement might be setled in this kingdome ; and that as they have formerly declared for the same in generall termes , so ( if things came to a way of setlement ) they should not be wanting ( in their sphears ) to own that generall desire in any particulars of naturall or civill right to his majesties person or family , which might not prejudice , or again indanger the publique : by which gawdy professions , together with the admission of such servants and chaplains to attend his majesty whom he desired , and which had been barbarously denied by the houses ( who were by this time so sensible of their error , as they desired his majesties presence amongst them upon his own conditions ) they raised themselves to that credit with the kings party , with the city of london , and universally with the people , that by this stratagem onely they grew able and powerfull enough to confine him to carisbrooke-castle , and to proceed since as they have done ; and surely when the army hath throughly weighed and considered the huge advantages they have gotten by those professions and protestations , and how far they have been from making the same good to the king , they will not suffer themselves to be made a stalking horse to the vile ends of particular persons , nor let their morall righteousnesse , in which they so much triumph , to grow into a proverb , for the highest and most unworthy craft , hypocrisie , and treachery . it remains now , since by any endeavours of these men , sever'd from the return to their duty and allegiance , it is not possible for them to establish any peace or happinesse to the kingdome , or security to themselves , to perswade them that by doing at last the duty of christians , they may not only preserve their country , which no body can doubt , but they may be superiour to any difficulties and hazard , their guilt suggests they shall be liable to . it is yet in their power so absolutely to make the kings restoration their own work , that his majesty may be obliged even in point of gratitude to acknowledge it , and to remember only by whose fidelity he hath recovered what he had lost , and not by whose fault he lost it ; and his party , ( who for conscience sake have lost all ) know that charity is so fundamentall a duty of a christian , that there is no excuse for the least degree of animosity and revenge , let the injuries they have received be never so great ; and the kings owne experience of men hath sufficiently informed him , that as many of good inclinations have by inadvertency & credulity , been cozened into a combination against him , and it may be , the worst of them grown by degrees worse then they intended to be ; so all who have seemed to follow a good cause , are not good men , but had ends as ill as they , whom they opposed ; and therefore all mention and memory of former errors being blotted out , it may be presumed he will trust and imploy all his good subjects , according to their severall faculties and abilities , without remembring how they have been at any time disposed against him ; and they have reason to believe that whatsoever his majesty shall freely consent to , he will most religiously observe , and cause all others to observe it ; let them therefore seasonably enter into a treaty with his majesty , attended with such of his counsell as he shall chuse ; and let the fullest articles be agreed upon , which may give a mutuall assurance of security to all persons and interests , to which his majesty having given his assent in such manner as shall be desired , all his counsell and all ministers of justice throughout the kingdome , may be solemnly sworn to those articles ; the which being done , and the same confirmed by such an act ; and in that manner passed as they shall conclude may be valid ; let this unhappy parliament be dissolved , an intermission of parliament being at this time more necessary for the vindication of the justice , and lawes of the kingdome , and restoring a happy peace , then ever a convention of parliament was for the reformation and removing of grievances . to conclude , unreasonable and unjust propositions may continue the war , and the distractions ; never make a peace , which is nothing , but the liberty to injoy what in justice and right is our due ; and as long as the world lasts , that answer of the ambassadour from privernum to the senate of rome will be found to be reason , who when he was asked what peace the romans might depend upon with them , ( because they had been guilty of some defection ) answered , si bonam dederitis , & fidam , & perpetuam ; si malam , haud diuturnam ; which that wise senate confessed to be an honest answer , and that it was madnesse to believe any people or private person in eâ conditione , cujus eum poeniteat , diutiùs quàm necesse sit mansurum : let us then ( like english men ) make up the breach our selves have made , and let not our country and posterity owe their redemption to any forain power ; but let us prostrate our selves at the feet of our abused soveraigne , with that hearty acknowledgment and testimony which the king of tyre sent to solomon : because the lord hath loved his people , he hath made thee king over them ; to a profane , dissolute , and licentious people , he hath given the most pious and temperate king , to recover & reform them by his example ; and to a wicked and rebellious people , the most gentle and mercifull king to preserve them by his goodnesse ; but , if they sin wilfully after that they have received the knowledge of the truth , there remaineth no more sacrifice for sins , but a certain fearfull looking for of judgment , and fiery indignation , which shall devowre the adversaries . micah . . the best of them is as a bryer : the most upright is sharper then a thorn-hedge : the day of thy watch-men and thy visitation cometh ; now shall be their perplexity . ezekiel . v. , . and aholah played the harlot when she was mine , and she doted on her lovers , on the assyrians her neighbours . wherefore i have delivered her into the hands of her lovers , into the hand of the assyrians , upon whom she doted . the end. notes, typically marginal, from the original text notes for div a -e pag. . pag. . de jur : bell : fol. . postnat . p. . rich. . c. . eliz. c. . dyer , fol. . pl. . part . instis . p. . iac. c. . exact collect. p . exact collect. p. . exact collect. p. , . exact collect. p. . exact collect. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. ● . ex. col. p. . pag. . pag. . life of lewis . p. . pag. exact col. p. . ex. col. p. , . ex. col. p. , , . coll. ordin . . vol. p. . col. ord. vol. p. , & . ex. col. p. . col. ord vol. p . page . pag. . pag. . ex. col. p. . decl. and papers of the army , p. . pag. . page . pag. . pag. . pag. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . pag. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . ex. col. p. . pa. . ex. col. p. . ex. col. p. . pag. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . pag. . ex. col. p. . pa. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . ex. col. p. . pag. . ex. col. p. . pag. . ex. col. p. . part instit . fol. . ex. col. p. , & . ex. col. p. . article against the members . article against the members . article against the members . article against the members . artic. against members . artic. against members . artic. against members . artic. against members . decl. and papers of the army , p. . ex. col. p. . decl. and papers of the army , p. . pag. . ex. coll. p. . king's cabinet , p. . ex. col. p. . pag. . . reason . . reason . ex. col. p. . pag. . ex. col. p. . pag. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex col. p. . ex. col. p. . ex. col. p. . dyer fo . . b. pl. . daniel kniveton . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . ex. col. p. . part. instis . fol. . id. fol. . id. fol. . fol. . ex. col. p. . pag. . pag. . decl. and papers of the army , p. . decl. lords & commons , oxf. f. ▪ . ib. p. . decl. and papers of the army , p. . pag. . relat. of the treaty , p. . coll. ord. . vol. p. . ex. col. p. ● . pag. . pag. . ex. col. p. . ●ag . . ex. col. p. . pag. . ex. col. p. . ex. col. p. . ex. col. p. ● . coll. ord. vol. p. . coll. ord. vol. p. . pag . coll. ord. . vol. p. . coll. ord. vol. p. . relat. treat . p. . pag. . pag. . pag. . answ . sc. com. p. . decl. concerning the scots papers , p. . mart. inde ▪ p. . art. of the covenant . decl. and papers of the army , p. . de jure bell . fol. . ex. col. p. . part instit . fol. . pag. , . mart. inde ▪ p. . decl. concerning the scots papers , p. . col. ord . vol. p. . answ . sc. com. p. . decl. concerning the scots papers , p. . cunning plot , p. . pag. . iob . , , . psal . . . ioshuah . . decl. concerning sc. com. p. . eccl. . . mac. . ex. col. p. . decl. and papers of the army , p. . decl. & papers of the army , p. , & . iob . . pag. , & . col. ord . vol. p. . decl. & papers of the army , p. . ex. col. p. . sam. . . isa . . . hos . . . prov. . . hos . . . . . pag. . esdr . . . decl. & papers of the army , p. . id. p. , . decl. and papers of the army , p. . decl. & papers of the army , p. . ib. p . ex. col. p. . ib. . ib. . ib. . ezek. . . mart. inde . p. ● . decl. concerning the scots papers , p. . mart. inde : p. . col. ord . vol. p. . decl. & papers of the army , p. . ib. p. . liv. li. . . cron. . ▪ heb. . , . a list of the names of the members of the house of commons observing which are officers of the army, contrary to the selfe-denying ordinance: together with such summes of money, offices and lands, as they have given to themselves, for service done, and to bee done, aginst [sic] the king and kingdome. note, reader, that such as have this marke (*) comming immediatly before their names, are recruiters; illegally elected, by colour of the new-scale, the power of the army, and voices of the souldiers, and are un-duly returned, and serve accordingly. the first centurie. el., m., fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a list of the names of the members of the house of commons observing which are officers of the army, contrary to the selfe-denying ordinance: together with such summes of money, offices and lands, as they have given to themselves, for service done, and to bee done, aginst [sic] the king and kingdome. note, reader, that such as have this marke (*) comming immediatly before their names, are recruiters; illegally elected, by colour of the new-scale, the power of the army, and voices of the souldiers, and are un-duly returned, and serve accordingly. the first centurie. el., m., fl. . elsynge, henry, - , attributed name. sheet ([ ] p.) s.n., [london : ] signed at end: m. el.; sometimes attributed to henry elsynge. imprint from wing. a second century was published later the same year. annotation on thomason copy: "aug: th .". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . political corruption -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a list of the names of the members of the house of commons : observing which are officers of the army , contrary to the selfe-denying ordinance : together with such summes of money , offices and lands , as they have given to themselves , for service done , and to bee done , aginst the king and kingdome . note , reader , that such as have this marke ( * ) comming immediatly before their names , are recruiters ; illegally elected , by colour of the new-seale , the power of the army , and voices of the souldiers , and are un-duly returned , and serve accordingly . the first centurie . william lenthall , speaker of the house of commons , worth l. per an . beside rewards for courtesies ( not to say bribes ) master of the rolls , worth l. per an . beside the sale of offices : chamberlain of chester in the earle of darbies place : and untill of late chancellor of the dutchy of lancaster . worth l. per an . and one of the commissioners of their great-seale , worth l. per an . and had l. given him at one time by the house . bulstred whitlock , commissioner of the great-seale , worth l. per an . and had l. given him out of mr. george minn's estate . edmond prideaux , formerly a commissioner for the great seale , worth l. per an . now by ordinance practises within the bar , as one of the kings councell , worth l. per an . and is post master for all inland letters , worth l. every tuesday night , beside his supper , and it was thus got : the lord stanhop , the post masters , and carriers of england complained , in parliament , against mr. witherings and others , touching the carrying of letters : whereupon the benefit of forraigne letters were given to the earle of warwick , worth l. per an . and the inland letters to mr. prideaux-good parliament justice . roger hill , a barrester of the temple , in no practise , nor of a considerable estate ; till this parliament : hath now from the house , the bishop of winchester's mannor of taunton-deane , being the best of england ; and worth l. per annum ; when the estates for lives determine . h●mphry salway , the kings remembrancer in mr. fanshawe's place , worth . l. per annum . francis rous , provost of eaton , in dr. steward's place ; worth . l. per annum . john lesle , barrester of the temple , mr. of st. croosses , in dr. lewes his place ; being a place for a divine ; and worth . l. per an . oliver st. john , by ordinance both attorney , and solicitor to the king ; worth what hee please to make it ; and hath the passing of all pardons upon compositions ; worth . l. sir william allison , alderman of yorke , clarke of the hamper ; worth . l. per an . thomas hoyle , alderman of yorke , treasurer's remembrancer in the exchequor , in sir peter osborne's place ; worth l. per an . * francis thorpe , receiver of the moneyes in york-shire ; and charged by some of the county for detayning . l. thomas pury senior , first a weaver in glocester ; then an ignorant countrey solicitor , had . l. given him , and mr. gerrard's place in the petty-bag ; worth . l. per an . * thomas pury junior , son to the elder , receiver of the kings rents , in glocester , and wilts , clearke of the peace of glocester shire ; worth . l. per an . and captaine of foot , and horse the first yeare of this parliament , servant to mr. towneshed ; an attorney of staple inn. william ellis , steward of stepney ; worth . l. per an . and by him sold to one of the temple . miles corbet , at the beginning of the parliament . l. in debt for himselfe and his mother , more then he was worth : now one of the registers in chancery ; worth . l. per an . besides chair-man for scandalous ministers ; worth . l. per an . and hath mony in his purse . john goodwine ; the other register in chancery , worth . l. per annum . sir thomas widdrington , a commissioner of the great-seale ; worth . per an . edward bishe , garter herauld , in sir edward walkers place , worth l. per an . * walter strickland , agent in holland for the two houses of parliament , worth to him . l. nicholas love , mr. speakers chamber-fellow , one of the six clarkes in chancery , in mr. penruddocks place ; worth . l. per annum . sir gilbert gerrard , much in debt before the parliament , pay-master to the army , and had . d. per pound allowed , besides gratuities ; worth . l. and now chancellor of the dutchey ; worth l. per an . gilbert gerrard , his second sonne , clarke of the dutchey ; and for whose benefit the clarkeship of the assize in norfolke , is graunted to mr. edward garret his cosen by the procurement of sir gilbert , and is worth . l. per an . john selden , had given him . l. which hee refused to accept ; keepes his conscience , and often dissents from the votes of the house . * john bond , ( sonne to dennis bond , a parliament man ) made master of trinity-hall in cambridge , which mr. selden refused to accept of . sir benjamin : rudiard given him . l. and hath he not deserved it ? * lucas hodges , customer of bristoll . sir john hipsley , hath the keeping of three of the king's parks , mary-bone-parke , that was mr. carews , hampton-parke , and bushey-parke , and given him . l. in mony. sir thomas walsingham , the honour of eltham , that was the earle of dorsets , the middle parke and house , which was mr. whites , and hath cut downe timber trees . benjamin valentine , given him . l. * sir henry heyman , given him . l. denzell holles , given him . l. * nath. bacon , given him l. * john steephens , given him out of the lord astley's composition . l. * henry smith , made one of the six clarkes , worth . l. per an . robert reynolds , had . l. given him ; besides abington hall , and the lands , worth . l. per an . hath bought a good penniworth of bishops lands ; hath . l. beyond sea , as hee made appeare upon his marriage . sir john clotworty , treasurer for ireland , and by the army charged with defrauding of the state of . l. which may bee one reason , the king could never get an accompt of the moneys raised for the irish , though hee desired it . john ashe , given him out of mr. john coventryes composition . l. out of sir edward moseley's . l. out of mr. edward phillip's . l. out of sir john stowell's estate l. and ( which is worth all this ) is the great chaire-man at goldsmiths-hall . is not this better then clothing ? * john lenthall , sonne to the speaker , made one of the six clarkes , worth l. per an . * francis allen , a poore gold-smith at st. dunstans in fleete-str●ete , now made a customer for london . giles greene , the receiver of yorkeshire , being put out of his place got it for his soone in lawe ; is chaire-man for the navy , and for sir thomas dawes his estate , and what it was worth to him , sir thomas dawes his creditors will tell you ; for they get nothing . francis pierpoint hath the arch-bishop of yorkes lands lying in nottingham-shire . william pierpoint hath . l. given him , and all the earle of kingston's personall estate , worth . l. * john palmer , mr. of all-soules in oxford , in doctor shelden's place , a divine . * john blakeston , a poore shop-keeper in new-castle , was executor , to the executor of sir john fenner , trusted with . l. for charitable uses , and was sued in chancery to performe the trust ; but got himselfe returned a burgesse for new-castle by the scotch garrison there ; had . l. given him out of one gentlemans composition , and out of others , as much as made it up . l. as was made appeare at a committee before mr. sandis of the temple , chaire-man ; hath also a cole-meter's place , worth . l. per an . and the bishop of durham's castle at durham , and lands of great value . tho. ceely , long a prisoner for debt , help'd out by the parliament and made recorder of bridgewater . * thomas moore , an officer in the custome house ; and his brother , governour of ludlow . * seawine , given him . l. isaac pennington , twice broke ; once lieutenant of the tower ; a yeare and a halfe lord mayor of london before his time ; had . l. given him ; and hath store of bishops lands . samull vassell , given him . l. oliver cromwell , lieutenant generall hath . l. per an . given him out of the marquesse of worcesters estate , for which . l. per an . is set out at the rate of . l. sir william brereton , collonel generall for the cheshire forces ; hath cash●bery , and other lands of the lord capell , worth . l. per an . and the arch-bishops house and lands at croiden , where hee hath turned the chappell into a kitchin. a goodly reformation and fits with his stomack , as well as his religion . * thomas waite collonel , governor of burley , where hee thrives so well , as he is now buying . l. per an . who before was not able to buy l. a yeare . sir oliver luke , decayed in his estate , colonel of horse . sir samuel luke , his son , collonel , and scout-master for the counties of bedford , &c. * thomas gell ▪ lieutenant collonel to sir john gell. made recorder of darby , in master allestrie's place . valentine walton , collonel and governor of lin regis . * richard norton , collonel , governor of southampton . * edward harvey , late a poore filke-man , now collonel , and hath got the bishop of london's house and mannor of fullham . * edward rossiter , collonel , and g●nerall of all the lincolneshire forces , and governor of belvoir castle . * sir michael livesey , collonel , sequestrator , and plunder-master generall for kent . * henry ireton ( son in law to lievetenant-generall cromwell ▪ collonel and commissary-generall . * richard salwey , collonel , formerly a grosser's man. * john birch , formerly a carrier ; now a collonel . * edward massey , generall for gloucestershire , and governour of gloucester ; and sir john winter his estate given him . * thomas rainshorow , a skipper of lin , collonel , governor of woodstock and vice-admirall of england . * robert blake , collonel , governor of taunton . * francis russell , collonel . * rowland wilson , collonel . * robert harley , collonel , son to sir robert harley , * richard browne , major-generall , and governor of abingdon . * peter temple , captain of a troope of horse . * f●hn ven , collonel , governor of windsor * algernon sidney , governor o● dover castle . * richard ingolsby , collonel , governor of oxford . * john hutchinson , collonel , governor of nottingham . * sir john palgrave collonel at the siege of newarke . * edmond ludlowe , governor of * sir anthony astley cooper , collon●l . * philip skippon , serjeant-major-generall of the army , major g●●erall of london , and governor of bristoll . * charles fleetwood , collonel . * thomas westrow , captain under sir michael livesey , was nothing worth , untill a captain and a parliament-man ; and now hath gotten the bishop of worcesters mannor of hartlerow , which proves he hath two good and beneficiall offices . henry marten , collonell of a regiment of horse , and a regiment of whores . nathaniel fiennes , collonel , once governor of bristoll . thereby hangs a tayle : anthony stapley , collonel , governor of chichester . alexander rigby , collonel , and governor of bolton . charles pym , captain of a troope of horse . sir arthur haslerig , collonel , governor of newcastle , and hath the bishop of durham's house , parke , and mannor of aukland . william jepson , collonel . sir thomas middleton , major generall for denbigh and five other counties . godfrey boswell , collonel . the lord grey of grooby ( son to the earle of stamford ) collonell ; and hath given to him the queens mannor house , parke and lands at holdenby , and there 's a great fa●l of the woods . william constable , collonell . sir william purefoy , collonel , and governor of coventry , fought resolutely against the crosse in the market-place at warwick , and against the antient monuments in the earles chapell in saint maries church there ; for which he had l. given him ; but when he should have fought with the enemy , hid himselfe in a barley-field , for which , a water man at temple-staires , ( that had been his souldier ) refused to carry him . sir edward hungerford , collonel , famous for plundering warder castle ; hath the lands of the countesse dowager of rutland ; worth . l. per an . and she allowed but . l. harbert morley collonell , plunder mr. of surrey . john moore , collenel of the guards , and for some time had the benefit of passes out of london . walter long , collonel , had . l. and the office of register for foure yeares . sir william water generall , and lost two armies , yet a gainer by the imployment . john all●●ed colonel . michaell oldsworth , no collonel ; but governor of pembrooke and mongomery , and hath a share with his lord out of sir hen●y ●omp●on's office ; worth . l. per annum and is keeper of windsor parke . besides these offices , commands , and gratuities ; every member of the house of commons , being in all . are by their own order allowed . l. per weeke a man ; which amounts to . l. per annum . by the ordinance for sequestring delinquents [ . aprill . ] it was declared that their estates should go for maintenance of the publique affaires , and severall ordinances designed bishops lands for pay of . l. publique debt : yet by this and the following centuries thou shalt see how both delinquents estates and bishops lands are by members of parliament shared amongst themselves , whilest the l. is unpaid , the publique affaires supported by unsupportable taxes and that dutch divill excise that insensibly devoures the poore , and will impoverish the rich . these are they that with hananiah ; breake the wodden yoake from our necks , [ . jeremiah ] and put on one of iron ; free us from a little ship-money paid thrice in an age , and impose as much at once for a monthly tax , quit us of the monopolies of tobacco , and set up excise on bread and beere . the first easeth the wanton rich man , and the latter grindeth the needy and poore . yet these are thy gods o london ! these are the idoll-calves the people have set up and doe worship ; these be the molec to whom ye sacrifice sonnes and servants by troopes , regiments and armies , to maintain their soveraignty , rebellion and profit . and that these and other their actions may never be questioned , they his majesties loyall and obedient subjects will alwaies imprison their king ; continue their army ; perpetuate their parliament , and intaile their memberships ( as the priest-hood on levi ) upon confiding families , to furnish them with votes , as mr. gilbert gerard and his two sonnes , brampton guidon and his two sonnes ; sir robert harley and his two sonnes ; three fines , ashes , stephens , pelhams , herberts , temples ; it were endlesse to name the father and the sonne ; brother and brother that fills the house ; they come in couples more then uncleane beasts to the arke . vanes , puries , chaloners , bacons , pierponts , bonds , onslowes : lenthalls , &c. and that our ecclesiasticks may comply with our temporall governors , the houses abolish ( as superstitious because legall ) the convocation of learned divines ( regularly summoned by the kings-writ , and duly elected by the clergy ) and the house of commons nominates an assembly of gifted divines ( indeed wicked simons ) that slander the godly o●ias [ mac. . ] to out him of his priest's place ; so that at this day there is not one assembly-man but is illegally thrust into anothers benefice , a catalogue of whose names and preferments expect shortly , and with them a view of the militia and common-councell-men of london , observing what places , offices and salaries they have from the houses of parliament , and then thou wilt know the reasons of their votes and actions in the city . reader , i would have presented thee at once with the intire list of all the names , offices and rewards of parliament-men , but i could not steale so much time from my weekly imployment , and am therefore necessitated to divide them into centuries ; the first thou hast , and shalt the other foure , whereof the next begineth with cornelius holland , and sir h. vane . farewel . m. el. an ordinance made the eighteenth day of july ... clarendon, edward hyde, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance made the eighteenth day of july ... clarendon, edward hyde, earl of, - . grimston, harbottle, sir, - . england and wales. court of chancery. sheet ([ ] p.) s.n., [london : ] caption title. initial letter. place and date of publication suggested by wing ( nd ed.). reproduction of original in: national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- court of chancery. -- records and correspondence. court records -- great britain -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance made the eighteenth day of july , anno r. r. caroli ii. . annóque d i . the right honorable edward earl of clarendon lord high chancellor of england , and the honorable sir harbottle grimstone , baronet , master of the rolls , taking into their consideration the manifold disorders and undue practices which in the late times have crept into the six clerks office , to the great dishonour of this court , the obstruction of justice , the damage of the client , and confusion and loss of the records ; and the several waies of redressing the same ; and having divers times heard the six clerks and their under-clerks concerning the settlement by division of letters , formerly ( to this end ) ordered by the lord coventry , late lord keeper of the great seal ; and after long deliberation and several conferences with some of the reverend judges , and of the king 's learned councel , finding no expedient so equal and effectual for the due filing , and easie search of the records , and the orderly proceeding and quick dispatch in all causes ; nor so proper to prevent the miss-laying and imbeziling the records , and that confusion which is every day discovered from thence , to the extreme scandal of the court , and prejudice of the subject , as the reviving and re-establishing the foresaid settlement : do hereby order and ordain that the said method be revived , and from henceforth observed by the present six clerks and their successors , and by their under-clerks : viz. that the receiving , filing , bundling , and keeping of all bills , answers , pleadings , and all proceedings thereupon , and the making and expediting of all exemplifications , writs , and copies of or concerning the same , be divided among the said six clerks and their successors respectively , by and according to the letters of the alphabet in manner following . that is to say , that all bills , answers , and other pleadings of clients , in causes wherein the plaintiffs or first plaintiffs surname shall begin with a , b , c , d , f , or y , and all proceedings thereupon in the said six clerks offices , be from henceforth received , filed , bundled , and kept by m r pindar , and m r bluck , or one of them , and their successors in their offices respectively , and by no other . and all bills , answers , and other pleadings of clients , in causes wherein the plaintiffs or first plaintiffs surname shall begin with e , g , h , i , k , l , m , n , or o , and all proceedings thereupon in the said six clerks offices , be from henceforth received , filed , bundled , and kept by sir cyrill wyche , and m r wilkinson , or one of them , and their successors in their offices respectively , and by no other . and all bills , answers , and other pleadings of clients , in causes wherein the plaintiffs or first plaintiffs surname shall begin with p , q , r , s , t , v , w , x , or z , and all proceedings thereupon in the said six clerks offices , be from henceforth received , filed , bundled , and kept by sir john marsham , and m r longueville , or one of them , and their successors in their offices respectively , and by no other ; in manner as formerly hath been done by the six clerks . and that all cross bills , bills of revivour , and bills of review , and all proceedings thereupon , be received , filed , bundled , and kept in the same division of letters , where the former suit touching the same matter began , and not elsewhere : and all exemplifications , writs and copies of or concerning the same bills , answers , pleadings , and proceedings thereupon , be made and expedited by them to whom the receiving , filing , bundling , and keeping of the records doth belong , according to the allotment of letters aforesaid , and by no other . and it is further ordered and ordained , that if at any time hereafter there shall happen any difference to arise betwixt any of the six clerks , touching any of their under-clerks , or touching their clients , or their causes , or touching the filing of any bill , answer , or pleading , or other thing according to the division of letters aforesaid , or any other matters of their offices ; that then the same differences be from time to time examined by the rest of the six clerks for the time being , whom such difference ( for the present ) shall not concern ; who are to decide and determine the same ; or otherwise to certifie the true state of the fact , with their opinions , to the master of the rolls . and because it is very manifest that these misdemeanors and enormities are gott●n into the office of the six clerks by the liberty and licence which the inferiour clerks have of late assumed to themselves , and by their withdrawing their obedience from , and their dependence upon the masters of the severall offices in which they write ; and by the receiving too many clerks of little or no experience into the several offices ; it is likewise further ordered and ordained , that every of the six clerks shall be limited and stinted to twelve clerks at the most , to serve immediately under him ; whereof six at the least shall be expert in writing the chancery letter : and every of those twelve shall take a corporal oath before the master of the rolls , not to imbezil , falsfie , corrupt , race , or deface any bills , answers , pleadings , commissions , depositions , warrants , decrees , dismissions , or other records whatsoever , belonging to the high court of chancery ; and to deliver forthwith unto the six clerk respectively , or his deputy , unopened , all commissions , and depositions , that shall come to their hands , to be kept safely and secretly by the six clerk till publication ; and after being copied , forthwith to return them . clarendon c. har. grimstone . the case of sr john champante, kt. respond to the appeal of sir robert dashwood, knight and baronet, sir samuel dashwood kt. john perry and edward noel, surviving executors of george dashwood, esq; deceased appellants. champante, john, sir, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of sr john champante, kt. respond to the appeal of sir robert dashwood, knight and baronet, sir samuel dashwood kt. john perry and edward noel, surviving executors of george dashwood, esq; deceased appellants. champante, john, sir, d. . dashwood, robert, sir, - . sheet ([ ] p.) s.n., [london? : ?] lpro copy found with items from the s; may is latest date in text. reproduction of original in the folger shakespeare library, washington, d.c. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dashwood, robert, -- sir, - -- trials, litigation, etc. -- early works to . england and wales. -- parliament. -- house of lords -- early works to . england and wales. -- court of chancery -- early works to . finance, public -- ireland -- early works to . complex litigation -- england -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of s r john champante , k t respond . to the appeal of sir robert dashwood , knight and baronet , sir samuel dashwood kt. john perry and edward noel , surviving executors of george dashwood , esq deceased appellants . richard earl of ranelagh , and eight others ( whereof george dashwood the appellant's testator was one ) by indenture under the great seal of england , contracted and became undertakers with king charles the second to receive the whole revenue of ireland , and to pay the whole charge of that kingdom contained in the civil and military lists for five years , ending the th of december , ; and had two years time afterwards for collecting the arrears , and making good the payments grown due within the five years . a commission under the great seal of england , issued to the said undertakers , and in their absence in ireland , to others therein by them named to be their representatives ; wherein mr. edward roberts was named by the said george dashwood , to be his representative , and to act on his behalf . in virtue of which commission the now respondent was duly constituted deputy-receiver-general , vice-treasurer , and treasurer at war , who entred into bonds of l. penalty , for the execution of the said places and performance of his said trust , which he all along faithfully performed . but the said revenue proving defective , or at least not coming in fast enough to answer the ends and uses of the said undertaking ; and the undertakers being pressed to make payments according to their contract , the said undertakers and their representatives , or so many of them as were requisite in that behalf , to comply therewith , did by several orders and letters importune and direct the respondent to advance and lend , and to procure from others what money he could , upon the credit , and towards the support of the undertaking , and undertakers , under promise of being repaid and indempnified , and for which there was to be an allowance of per cent. ( the usual interest in ireland ) besides gratuity and commission-money : many , if not all of which letters and orders were signed by george dashwood , or the said roberts his representative . pursuant whereunto , in order to support and preserve the credit of the said undertakers and undertaking , the respondent did lend and advance great sums of his own , and by direction of the undertakers in england , did become bound to sir john james , and others , residing in england , then unknown to the respondent , for great sums of money which were procured by the undertakers ; all which money so lent and procured by the respondent , were duly applied to the uses of the undertaking , and the undertakers for so much were discharged against the king upon their contract . two several accounts , the one ending christmas , the other at christmas , between the undertakers and the respondent , touching the undertaking , were made up , stated , and examined by the said roberts , and others employed by the undertakers for that purpose , and duly signed and passed , upon the foot of which last account there was a ballance of l. due to the respondent , which together with the other moneys afterwards lent , and secured by the respondent for the use and credit of the undertakers and undertaking ( besides what the undertaking produced ) did amount to above l. principal money ( besides interest , commission-money , & gratuity ) . to obtain satisfaction wherein , and to have his accounts setled , the respondent used great importunities with the undertakers , who all along owned the great service and kindness he had done them , by crediting them and the undertaking so far , and promised to give directions for stating and setling accounts , and to take effectual care for his payment and satisfaction . and in order thereunto about june , sir james hayes one of the undertakers went into ireland ; and he with john stepny , esq another undertaker , and john hayes brother of sir james , and interessed in the undertaking , having sufficient power , as they pretended , and as the respondent believes , from all the undertakers , to settle and conclude the affairs of the undertaking ( they being the only persons then acting therein ) , in august , impowered the said roberts by an instrument under their hands , to make up , state , and certifie the respondent's accounts , from the . of decemb. , to the th of june . in pursuance whereof the said mr. roberts , ( who was the same person imployed and relied upon by the undertakers to make up the former accounts ) with the assistance of the secretary of the undertaking , and two of their clerks , spent several months in stating the respondent's accounts , and comparing them with the vouchers , which justified the said accounts in all things ; and after the strictest scrutiny imaginable , two distinct accounts were made and closed in the same method as the two former accounts ; the one commencing the th of decemb. . and ending decemb. , and the other going on from thence to june , upon the foot of which last account there remained a ballance for principal money , ( not reckoning interest , commission-money , nor gratuity ) , the sum of l. s. d ¼ : and thereupon all the respondent's vouchers were delivered up , and abstracts thereof , and of the accounts were delivered to the undertakers , or their representatives . but the sum of l. ( which the respondent had received from sir john jame's agent as borrowed money , and as such had given bond , and became lyable for the same , by the direction of the undertakers ) not appearing at the time of making up the said accounts , but afterwards to be money due to the undertaking , the said edward roberts thought it proper to enter a memorandum thereof in the accounts , which caused a change and transcribing of some of the leaves , but no alteration of any sum , article , figure , or other thing in the said accounts , save the entry of the said memorandum , which reduced the ballance to l. s. d ¼ as is fully in proof in the cause , and hath been cleared to the satisfaction of the courts of exchequer , both in england and ireland , at the respective hearings of the cause , notwithstanding any seeming reflections upon the respond●nt concerning the same . it being evident , that the respondent had not , nor could have any advantage if the said memorandum had not been incert●d , for 〈…〉 obliged to pay the l. as above ; and when it was ●●●●●vered to be paid in england , and so not to be allowed again to the said sir john james in ireland , he had his security delivered up , which made the matter equal to this respondent . the respondent ( notwithstanding many promises ) not being able to get the money due to him , was forced to exhibit his bill for that purpose , in the exchequer in ireland , against the said undertakers and their representatives , some of which being brought to hearing , and the bill against others taken pro confesso , a decree was made for the now respondent's recovering the said l. s. d. ¼ , against the then desendants , with his costs ( no mention being made of interest , commission-money , or gratuity , but that left to be recovered afterwards ) . but the earl of ranelagh exhibiting a cross-bill against the now respondent , procured a re-hearing of the cause , which being had , and taking up six several days , in june . the said court of exchequer approved the authority given to roberts , and the accounts by him made , the undertakers and their representatives having free access to all the now respondent's books , and to all the offices of cheque in that kingdom , and having in their custody the respondent's vouchers delivered up , with several other particular accounts of his daily receipts and payments , the said court upon full and mature deliberation of the whole matter , was pleased to affirm the former decree , as well against the said earl , as other the defendents , for paying to the respondent the said l. . s. . d. ¼ . that decree proving in a great measure ineffectual in ireland , in regard the appellant's testator , ( upon whose credit and ability the respondent mainly depended in his whole proceedings ) and some other of the undertakers having no estates nor effects there , but living in england , the now respondent was forced to exhibit his english bill in the exchequer in england , in easter-term , against the surviving undertakers , and the executors and administrators of those deceas'd , for obtaining what was due to him ; being at that time about l. for principal , interest , commission-money , and gratuity ( and no part thereof since paid ) . the defendants to the said bill ( whereof the now appellants were some ) used so great delay , that it was four years before the cause could be brought to an hearing . and for further delay a cross bill was exhibited by the now appellants , and other the defendants in the same term , the respondents cause stood for hearing , with design to put off the hearing of the respondent's cause ; however it came to hearing in easter-term . and then , and in trinity-term following , it took up eight days ; and the court did decree the two first accounts made up by the said mr. roberts to be final and conclusive . and as to the two last accounts , made up till midsummer , the court considering the impossibility the respondent lay under , by reason of the length of time , and the present state of ireland , and delivery up of his vouchers to come to a new account for the same , did not think fit to adjudge them conclusive , nor to reject or disallow of the same as stated and closed accounts ; but in case the defendants had any material objections to offer against the particulars thereof , it was referred to the two auditors of the imprests to inspect and examine the same ; and also whether the same were made up and stated in the method of the two former accounts , and wherein they did agree or differ from the same ; and decreed the respondent to be examined upon interrogatories , and the auditors to resort to the court for directions , in , case of difficulty . that some of the defendants pretending they could shew reasons why they should be exempted out of the said decree , from going to an account before the said auditors , there was a clause in the said decree , viz. that such of the defendants as sought to be exempted from accounting , should bring their case to the barons to consider of ; whereupon ( amongst others ) the now appellant's , whose testator lived till the year , brought in their case , pretending their testator in may , , assigned his interest in the undertaking to the said sir james hayes , and pretended that the respondent had notice thereof ; and that therefore they ought not to be accountable from that time , or at least longer than christmas , when the time of the undertaking ended . upon hearing of which , and upon full debate of the matter , the appellants not having proved any notice , ( though they had opportunities for that purpose ) the court did ( as is humbly conceived was just ) declare their opinion , and so ordered that the appellants should be included in the whole account , they having not filed any interrogatories pursuant to the decretal order , though the respondent all along offered himself to be examined . against which said orders the said appellants have appealed to the most honourable house of lords , under pretence as if the court of exchequer refused to hear their witnesses , viva voce , to prove notice to the respondents of their testators assignmment . when as in truth none such were ever produced , and it was in issue in the cause , and roberts , dashwoods representative examined upon interrogatories , as to notice of the assignment , and all opportunities offered for such proof , if it could have been made out , but it was and is evident that none was ; and mr. dashwood wrote several letters , which were prov'd by several witnesses , and his representative acted in ireland as concerned in the undertaking , after the time of the pretended assignment , and during the two years after the undertaking ended , which by their indenture with his majesty , they had to collect their arrears in , and to make good the payments grown due within the five years . as to passing the orders complained of , they were done in usual method , and the appellants had time and opportunity to incert what of the answers they pleased , the draught of the decretal order being left with their clerk in court and soliciter , a month before it was entred . and as to the incerting the pretended allegations of council into the last orders , they being meer suggestions , and no memorial taken of them by the register , the order was drawn up without them , as is conceived was both just and usual . wherefore , and for that the appellant's pretences are some of them vain and groundless , others utterly untrue , and all of them made only for delay , to keep the respondent from recovering so great a sum of money justly due to him , his being kept out of which for above twelve years last past , hath reduced him and his family to great straits , and all further delays will tend to his utter and inevitable ruine . it is therefore most humbly prayed , that the appeal may be dismissed , and the respondent left to proceed and prosecute upon the said orders ; and decrees . notes, typically marginal, from the original text notes for div a -e aug. . sept. . nov. . l. nov. . may . a letter from a parliament man to his friend, concerning the proceedings of the house of commons this last sessions, begun the th of october, shaftesbury, anthony ashley cooper, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from a parliament man to his friend, concerning the proceedings of the house of commons this last sessions, begun the th of october, shaftesbury, anthony ashley cooper, earl of, - . [ ], p. s.n.,] [london : . attributed to the earl of shaftesbury. cf. nuc pre- . signed: t.e. place of publication from wing. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a parliament man to his friend , concerning the proceedings of the house of commons this last sessions , begun the th of october , . printed in the year , . a letter from a parliament man to his friend , concerning the proceedings of the house of commons this last session , &c. sir , i see you are greatly scandalized at our slow and confused proceedings . i confess you have cause enough , but were you but within these walls for one half day , and saw the strange make and complexion that this house is of , you would wonder as much that ever you wondred at it : for we are such a pied parliament , that none can say of what colour we are ; for we consist of old cavaliers , old round-haeads , indigent courtiers , and true country gentlemen ; the two latter are most numerous , and would in probability bring things to some issue , were they not clogged with the humerous uncertainties of the former . for the old cavalier grown aged , and almost past his vice , is damnable godly , and makes his doating piety more a plague to the world , than his youthful debauchery was : for he is so much a by got to the bishops , that he forces his loyalty to strike sail to his religion , and could be content to pare the nails a little of the civil government , so you would but let him sharpen the ecclesiastical tallons ; which behaviour of his so exasperates the round-head , that he on the other hand cares not what increases the interest of the crown receives , so he can but diminish that of the miter : so that the round-head had rather enslave the man , than the conscience ; the cavalier rather the conscience than the man , there being a sufficient stock of animosity as proper matter to work upon . upon these therefore the courtier mutually plays : for if any anticourt motion be made , he gains the round-head either to oppose or absent , by telling them , if they will joyn him now , he will joyn with them for liberty of conscience . and when any affair is started on the behalf of the countrey , he assures the cavaliers , if they will then stand by him , he will then joyn with them in promoting a bill against the fanatiques . thus play they on both hands , that no motion of a publick nature is made , but they win upon the one or other of them ; and by this art gain a majority against the country gentlemen , which otherwise they would never have : wherefore it were happy that we had neither round-head , nor cavalier in the house ; for they are each of them so prejudicate against the other , that their sitting here signifies nothing but their fostering their old venome , and lying at catch to snap every advantage to bear down each other , though it be in the destruction of their countrey . for if the round-heads bring in a good bill , the old cavalier opposes it ; for no other reason , but because they brought it in . so that as the poor english silk-weavers , are feign to hire a french-man to sell their ribbons : so are the round-heads a cavalier , to move for those bills they desire should pass ; which so sowers the round-head , that he revenges that carriage upon any bill the cavalier offers ; and the rage and passion of the one and other , are so powerful , that it blinds them both , that neither perceives the advantage they give the courtier , to abuse both them and their countrey too : so that if either of them do any good , it is only out of pure envy against the other . thus you see how we are yoaked , and seeing this , you may cease your admiration that we offer at all , and do just nothing . nor is this division alone of the house all we have to lament ( for death , that common cure , does now every day lessen this evil ) but that which is more our misery , is , that those gentlemen who are truly for the good of their country , will not be perswaded to stand upon the sure basis of rational principles ( like workmen too presumptive of their judgments that will not build by rule ) but rather affect the most loose standing on the sandy foundation of heat and humour : by reason of which they often do as much harm as good , and yet perceive it not ; this is the sore evil we are under . for i would not doubt the countries carrying it from the court in every vote , let the courtiers use all the art they could , would the country gentlemen but give themselves the trouble to enform their understandings a little , and not suffer themselves to be hurried by a heedless inadvertency into vulgar notions . which , if well examined , are directly contrary to their honest intentions ; for lack of which they totally mistake their interest , fall foul on their friends , support their enemies , and carry on the designs of the court , whilst they aim at the service of their countrey . for if they would take the pains but to think what is the greatest enemy in the world , that english law and liberty always had , still hath , and ever must have ; it may be the result of such a thought would say , it was encroaching prerogative . well , if then they would but beg from themselves but so much seriousness , as to think this second thought , to check this prerogative , which is so dangerous an enemy to our laws and liberties , peradventure that thought would answer , in suppressing all they could its creatures and dependants , and supporting such , whose interest it is to keep prerogative within its just bounds . now could they be prevail'd with but to think a third thought , it would land them at the full and satisfactory solution of the question , and will hold in every thing . but i will put it in a case wherein we are most apt to err , and wherein we reckon it no less than piety to play the fool , to the end you may see how miserably we are cheated and abused , by sucking in the untried notions that education , the arts of others , or our own ignorance have imposed upon us . the third thought therefore shall be this : which are most the creatures and supporters of boundless prerogative , prelates , or dissenting protestants ? the answer to which must , and can be no otherwise , the prelates . well then , if we would now reduce this to practice , and say , the greatest friends to prerogative are the prelates , the greatest enemies to our laws and liberties is prerogative . the only way therefore to restrain prerogative , is to do , what ? to fortifie and strengthen the yoke of the prelates over the neck of the people ? no : ( surely this were an odd and a barbarous kind of reasoning ) but to give liberty to dissenting protestants , as the best means to keep up the ballance against boundless prerogative . for these must and never can be otherwise ( unless by accident , and by mistake ) than friends to liberty : but the prelates neither are nor can be otherwise than creatures to prerogative , for all their promotions , dignities , and domination depends upon it . the same might be said concerning the only antient and true strength of the nation , the legal militia , and a standing army . the militia must , and can never be otherwise than for english liberty , 'cause else it doth destroy it self ; but a standing force can be for nothing but prerogative , by whom it hath its idle living and subsistance . i could instance also in many other particulars , but our inadvertency in this , is demonstration enough how much we are cheated by the common and hackney notions imposed upon us ; and this is almost the cause of all the error we commit . for missing our true footing , you see we have run in the mistaken notion of being for the church so long , till we have almost destroyed the state , and advanced prerogative so much by suppressing nonconformity , that it 's well nigh beyond our reach or power to put check to it ; and had not time , and but an indifferent observation , shewed us how much we were abused in this matter : and that a lay-conformist and a fanatique can live as quietly and neighbourly together ( would the prelates but suffer them ) as any in the world , we had ruined our selves past all recovery . for by our bouying up the bishops in their harsh and irreconcileable spirit , in stead of healing , we have so fed and nourished the discontents throughout the kingdom , that i think nothing keeps the fire from flaming out afresh in another intestine war but the bare circumstance of opportunity only ; and how long that will be able to restrain passions that are made wild by oppression , is worthy a very serious consideration ; and therefore there is hardly any thing more a wonder to wise men , than to see the clergie run at this rate upon the dissenters : wherefore since the nonconformists have given so large and ample a testimony of their willingness to live peaceably , if yet notwithstanding the clergie will not suffer them to be quiet in their families and their houses , i doubt , they may at one time or other , drive them into the field , and then it may exceed their divine art to conjure them down again ; for he sees but little , that sees not the english temper is better to be led than driven . and therefore i think it would not be more a vanity , to compel the ladies to wear queen elizabeths ruff , than to force the nonconformists to be drest in her religion . nor yet are these all the arts we are under : for we have a gang that huff , and bear themselves high on the countrey side , but earn only for the court ; these lay out their craft in putting the house upon little trifling things , and spend and waste the mettle thereof , upon such pittiful pickadilloes , as 't is next to a shame for an english parliament so much as to mention . these start a fierce dispute about some little matter , and keep a bluster as if none were such faithful patriots as they , when they do it on purpose only to while out the time , and thin the house , by tiring the honest country gentry in so tedious , fruitless , and trifling attendance . do but move things worthy a parliament ; as that we may have our old known rights of annual parliaments ascertained : that none that are or shall be bribed by any place or office , shall ever sit in this house : that parliament ought not to be prorogued , adjourned , or dissolved , till all petitions are heard , and the aggrievances of the people redressed ; with many things more of as great importance ; o then , forsooth , their pretended loyalty ( which in plain english is easily understood ) will not abide such unmannerly and clownish debates as these , and twenty such little shreds of non-sense are impertinently urged in stead of argument . but further , these country-court engines , after they have taken the measures of the house , at the opening of every session , by our thanks for the gracious speech , which being the true pulse of the house ; if it happen to come so hard as speaks us but saint and cool to the one thing necessary , ( the matter of money ) then they know what will follow , that the court will get no grist that sessions ; and though the court in indignation could turn them home on the morrow , yet it must consult its reputation a little , restrain its resentments , and suffer them to sit about a six weeks , or two months , and then they assure the court , since they can get no good by them , they shall take no harm ; and therefore to stop them from some worthy undertaking , they by their feigned zeal against court-corruptions , put them upon impeaching some treasurer , councellor , or minister of state ; and having spent half our time about this , the rest is spent for the clergie upon church-work , which we have been so often put upon and tired with these many sessions : though partiality unbecomes a parliament , who ought to lay the whole body that we represent a like easie , nonconformists , as well as conformists , for we were chosen by both , and with that intention that we should oppress neither . to lay one part therefore of the body on a pillow , and the other on a rack , sorts our wisdom little , but our justice-worse . you now see all our shapes , save only the indigents , concerning whom i need say but little , for their votes are publickly saleable for a guiny , and a dinner every day in the week , unless the house be upon money or a minister of state : for that is their harvest , and then they make their earnings suit the work they are about , which inclines them most constantly as sure clyants to the court. for what with gaining the one and saving the other , they now and then adventure a vote on the countrey side ; but the dread of dissolution makes them strait tack about . the only thing we are obliged to them for , is , that they do nothing gratis , but make every tax as well chargeable to the court , as burthensome to the countrey , and save no mans neck , but they break his purse . and yet when all is said , did but the country gentry rightly understand the interest of liberty , let the courtiers and indigents do what they could , they might yet at last deserve the name of a worthy english parliament ; which that we may do , is not more passionately your desire , than it also is of , sir , your most humble servant . t. e finis . the protestation protested, or, a short remonstrance shewing what is principally required of all those that have or doe take the last parliamentary protestation burton, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the protestation protested, or, a short remonstrance shewing what is principally required of all those that have or doe take the last parliamentary protestation burton, henry, - . [ ] p. s.n.], [s.l. : . attributed to henry burton. cf. blc. reproduction of original in thomason collection, british library. eng england and wales. -- parliament. great britain -- history -- charles i, - . a r (wing b ). civilwar no the protestation protested: or, a short remonstrance, shewing what is principally required of all those that have or doe take the last parli burton, henry d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - melanie sanders sampled and proofread - aptara rekeyed and resubmitted - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion the protestation protested : or , a short remonstrance , shewing what is principally required of all those that have or doe take the last parliamentary protestation . eccl. . . when thou vowest a vow unto god , deferre not to pay it ; for hee hath no pleasure in fooles : pay that which thou hast vowed . better it is that thou shouldest not vow , then that thou shouldest vow , and not pay . printed in the yeare . mdcxli . the protestation protested . eccles. . , . when thou vowest a vow unto god , deferre not to pay it : for he hath no pleasure in fooles : pay that which thou hast vowed . better it is that thou shouldest not vow , then that thou shouldst vow and not pay . when in the scale of conscience rightly informed , i weigh the words of the protestation , and of this exhortation of the holy ghost together , i cannot but tremble , when i see what small account most men doe make of so solemne a vow , as they so solemnly take upon them in the said protestation . for when ministers and people have taken the protestation , and have solemnly vowed to maintaine the doctrine of our church , so far as it is opposite to popery ; doe they withall presently set upon the performance of this their vow ? doe they not further deferre to pay it ? surely if they doe deferre it , the holy ghost cals them fooles , in whom god hath no pleasure . and it had beene better for them never to haye vowed , then to vow and not pay . object . but how doe they deferre to pay their vow thus made ? answ. in that they doe not presently renounce , and protest against all popery , and for ever disclaime and abandon all communion with it . obj. why , will they say , what communion have we protestants with popery ? we do all renounce it . answ. in words we doe renounce it , but indeed wee retaine it , and have close communion with it : so farre are we from keeping the vow thus made . obj. but what popery doe wee protestants of the church of england retaine with us , or hold communion with ? answ. wee hold communion with popery , so long as wee doe publikely retaine and maintaine any of the doctrines of popery . and the doctrines of popery which wee retaine and maintaine , are these . first , the imposition of the liturgie . secondly , the discipline . thirdly , the government . fourthly , the ceremonies . obj. but these being as yet established by law , wee may not cast them off , till the law which set them up , be abrogated , which must be by act of parliament . and we protest against popery to cast it out , as farre as lawfully we may , and no otherwise . answ. first , all lawes are to be interpreted according to their cleare intention and end . now the law for reformation never intended to allow or set up popery in this church of england . secondly , if any humane lawes be found to be contrary to gods word , they are invalid and void ipso facto . and it will appeare , that imposition of a devised liturgie , humane rites and ceremonies , praelaticall government and discipline , are directly contrary to gods word . thirdly having once made this solemne protestation and vow , against all popery , and finding that the particulars aforesaid are branches of popery , wee are bound ipso facto forthwith to have no more communion with them , but utterly to renounce them . ob. but what if the parliament did not intend or understand by popery , the foresaid things , as the liturgie , discipline , government , ceremonies used in our church , and by law established ? shall we presume to extend the sense of the protestation further then the first makers thereof intended . and the prelates ( wee presume ) would never so readily have subscribed to the protestation , had they dreamed any such sense to lye hid under the name of popery , as their hierarchy , with their liturgie , rites , ceremonies , discipline , government ; for then they had in the protestation protested against all these , and should have given their hands and votes , for the rooting of them out of this church . answ. first , this we are sure of , and 't is most cleare by the expresse words of the protestation , that they intended it against all popery . secondly , they expresse themselves and professe thus farre , that the words of the protestation are not to be extended to the maintaining of any forme of worship , discipline , or government ; nor of any rites or ceremonies in the said church of england . ergo , wee doe not , we may not protest for the maintenance of these . thirdly , suppose that at the first making of the protestation in the parliament , these particulars afore-mentioned were not reckoned in the catalogue of all popery : yet no good christian will or can deny , that the honourable house of commons did not at all intend to exclude what ever should be found to pertaine to popery as a branch thereof . and therefore we may boldly conclude , that if the forementioned things shall be found to be , and that no small branches of popery ▪ the protestation hath an edge to cut them off all at one stroke . fourthly , we are all in an erected hope of such a reformation intended by this most noble parliament , as cannot justly challenge the name of reformation , unlesse all popery be made to be packing , which of necessity must carry with her all trinkets and baggage , with all her pompous equipage , among whose sumpters , the hierarchy , with all its pontificalibus of service , ceremonies , discipline , traine , courts may challenge to goe in the formost ranke . fiftly , and lastly , suppose it could be supposed by any rationall man , that the house of commons could have no such thought as implicitely to include the aforesaid particulars in the fardell of popery : or that they could possibly intend the maintaining of those things still , of which they expresly say , that the words of the protestation are not to bee extended to the maintaining of any forme of worship , discipline , or governement , rites or ceremonies ; or that these things should not be removed but maintained still : what then ? shall private and particular christians , knowing these things to be popery and antichristian , being also bound by their solemne vow and protestation , never reforme themselves , untill they see a generall reformation over the whole land ? what if they shall never live to see this ? will they against their conscience , against their knowledge , against their vow and protestation , live and die votaries and communicants in that service , schoole-boyes and punies under the ferula of that discipline ▪ vassals under that government , conformists to those rites and ceremonies , all which are very popery and popish innovations ? ob. but how doth it appeare , that the fore-mentioned particulars are branches of popery ? if our conscience could be convinced hereof by the word of god , then surely are we bound both by gods word , and by our vow and protestation presently to renounce and abandon these things , and to have no longer any communion with them . ans. it is most true , that nothing can resolve , regulate , and settle the conscience , but the word of god in the evidence of it . now most cleare it is by the scripture , that the liturgie , discipline , government , rites and ceremonies of the church of england , are all of them so many branches of popery . for proofe hereof : first for the liturgie ; this is a branch of popery in two generall respects : first , in regard of the whole frame and matter of it , as being translated out of the romish latin liturgie , as is confessed in the booke of martyrs ; see for this the late parallel between the english liturgie , and the masse-booke . i omit to say any thing heere of the many vitious particulars throughout the service-booke , which run as the corrupt blood through all the veines of it , and are by others sufficiently discovered . this is enough to shew it to be popish . the second generall is , the imposition of it upon all mens consciences . which bare imposition alone , were the liturgie in it selfe never so free from other faults , yet being a service of mens devising , the imposition ( i say ) makes it a branch of popery . for popery ( wee know ) is antichristianisme . and antichristianisme is an opposition to christ , so as this imposition upon the conscience is an opposing and overthrowing of christs kingly office , who is the sole king and lord over the soule and conscience ; an office incommunicable to any creature , or power in heaven or earth . whereupon john saith , who is a lyar , but he that denyeth that iesus is the christ , he is antechrist . now to deny iesus to be the sole annointed king of his church , is to deny him to be the christ . and he that sets up man as lord over the conscience , in prescribing and imposing what service of god hee pleaseth of humane invention , denyeth iesus to bee the christ , to wit , to be the sole king of his church , who is the sole law-giver to the common-wealth of israel , in his spirituall kingdome . and for this cause the pope is proved to be that antichrist , who is * the advesary that exalteth himselfe above all that is called god , or that is worshipped ; so that he as god sitteth in or over the temple of god ( which is every mans conscience ) shewing himselfe that he is god . now in nothing doth antichrist exalt himselfe more , then in usurping christs power in giving lawes , whereby hee exerciseth a tyranny over the true temple of god , over the spirituall kingdome of christ . and this tyranny is cheifly exercised in usurping dominion over our faith and conscience in the worship and service of god , which they place in the liturgie . this is the highest pride and presumption of antichrist that possibly can be . this is that wil-worship , or a worship invented of mans will and choyce , which the apostle * expressly condemneth and brandeth , as the highest tyranny , which to bee subiect unto is the spoiling and cheating men of their salvation ( as we read at large col. . v. . . ) and a separating us from our head and king christ , v. . and an evacuating of his death , v. . the imposition therefore of a liturgie upon the conscience devised by men , and pretended for the worship and service of god , yea and the onely divine publike worship of his church , is a maine branch of popery , as being the character of antichrist or antichristianisme , which is the very with popery ; popery & antichriāisme being convertible termes . thus it is as plaine , as brief , that the imposing of a liturgie of mans devising upon the conscience is the pretended service of god ( though indeed it is rather the service of many , * and which god condemneth as a a vaine worship of him ) is a maine branch of popery . secondly , for ceremonies of mans devising in the worship of god , and imposed upon the conscience , these being the same nature with , as being a part of the liturgie , are by the same reasons ( as before ) proved to be popery . third●y , for discipline ( which stands chiefly in correction of manners , and inflicting of censures ▪ as excommunication , such as is and hath beene exercised in the church of england by the prela●●s ever since the prete●ded reformation in this po●●t ) that this is also another maine branch of popery , doe but compare it with that discipline in the church of rome , and you shall find it in all points so to jump and agree , as you must of necessity conclude , i● rom●s discip●i●● be popery , then certainly our engl●sh d●scipline is popery too . for in nothing ( i say ) doe they differ , so as discipline of our church being false , and counterfeit , because popish ; and so our church wanting the true discipline , which ought to be one of the three markes of a vi●●ble true church , as it is noted in our homilies : the church of england wants this marke at the least . and if the sacraments be not duty administred , as being mixed and corrupted with a service of mans devising , and ministred pell mell ( as in the lords super ) to ignorant and profane persons : then for ought i see , it wants a second marke of a visible true church . and if ( as lately , and still in many places ) the word of god in the preaching of it be generally corrupted , as when the full , and free liberty of it in sundry points of evangelicall truth , is restrained and prohibited by orders and edicts , not yet called in , and damned ; by this reckoning it should want the third marke , & so much the more , in case the calling of the ministery it selfe should prove a peice of popery too . but this by the way onely it leads us the way to the next point , which is the government of the church of england . fourthly then , for the goverment of the church of england , by archbishops , bishops , arch-deacons , d●anes , commissaries , officials , and the rest of that fraternity : if this be not popery , yea and a top-branch of it , i know not what is ? sure we are , not any one of all this rabble is found to be in the scripture ; and therefore of divine institution this government is not : and consequently , christian it is not . it must needs then be of antichrists order , and papall meerely . so as if romes hierarchy be the top-branch of popery in that church : how can it be denyed , that the hierarchy here in england is the top-branch of popery in this church ? for if we looke upon this hierarchy from canterbury to ●arlile , and goe through all their courts , their officers , their offices , and administrations therein , wee shall therein behold the perfect image of the papall beast , from horne to hoofe . and if any will object here that the subordinate ministers beare a part in this government : ( alas ! ) that 's but a meere mockery . for these are but the prelates curates , and a company of priests little differing from romes order of priestho●d in the estimate of our prelates , saving that they are not shaven , and have beene of late prevented of being sacrificers . but a part in the hierarchicall government they have none , unlesse a dumb priest commonly , or some doctor now and then be the mouth to thunder out excommunication in their courts , which the poore curate at the commissaries beck must publish in the congregation . and to these curates consideration i refer it , whether they be able truely out of good premises to conclude themselves to be the ministers of christ lawfully called , whom all of them doe immediately derive their ministry from the antichristian hierarchy , or papall prelacie , as the sole foundation thereof . but this suffice briefly to prove the government of the church of england by arch-bishops and bishops , &c. ( false and usurped titles ) to be a top-branch of popery . if here it be objected , that the government of arch-bishops and diocesan bishops was before popery came up , or antichrist was mounted on his throne : i answer , first , that the government of arch-bishops and diocesan bishops was anciently much different from the papall hierarchicall government afterwards , whose courts and sole prelaticall jurisdictions were not known in the primitive ages long after the apostles . secondly , the government of arch-bishops and diocesan bishops , at the very best , and when they first sprung up , was even from the wel-head corrupted , as being an humā device , and the first spring of the mistery of iniquity which the further it run , the more corrupt it grew , till it had its ●ull confluence in muddy tiber , the see of rome , by whose innundation antichrist , having boysed up his maine sailes , could easily compasse in the whole 〈…〉 world . thirdly , the hierarchicall government in england , as a maine arme of that sea ; so 〈◊〉 hath altered nothing of its former property , when it was a limb of the papacy ▪ saving that before the reformation they held immediately from the pope , and now especially of later dayes , they hold by the same false pretended title which the pope himselfe holds by , namely from christ , and by divine authority . witnesse dr. hals sweatty discourses . and dr. ●oclington shewes us a briefe pedigree of the present titular arch-bishop of canterbury , saying , * mis●rable men were wee , if he that now sitteth arch bishop of canterbury , could not derive his succession from saint augustine , st. augustine from st. gregory , st. gregory from st. peter . so he ▪ only , here he failes , and so becomes miserable , that though he can prove canterburies succession from rome , yet never rome's from peter . and so a severall misery followes upon it , that our hierarchicall goverment being a limb of the papall , and so a top-branch of popery , it is now universally of all good christians in england protested against , as worthy to be cut off and cast out , as a fruitlesse withering branch , and to be plucked up by the rootes as a tree twice dead , and as a plant not of gods planting . ob. but if it be thus , that for the reasons aforesaid the whole government of the church of england ought to be irradicated , together with the liturgie , discipline , and ceremonies , in stead thereof . i answere briefly : first , understanding the church of england to be none other , then a nationall church it will be very difficult , if not rather impossible to constitute it so , as is agreeable in all points to a true and visible congregation of christ . for a particular church , or congregation rightly collected and constituted , consists of none , but such as are visible living members of christ the head , and visible saints under him , the one and onely king of saints : but so is it not with a nationall church : all the members thereof are not visible saints , or visible living members , when the greatest part of a nation commonly is found to consist of persons either ignorant or profane . * for as the scripture saith , though the children of israel bee as the sand of the sea , yet but a remnant shall be saved . and yet that was a nationall church without parallel : so as in the reformation of such a nationall church as this , which hath been so universally overspread with profanenesse , and darknesse , so long beslaved under the yoke of prelaticall tyranny , under egyptian task-masters , under manifold romish superstitions , formall service , wil-worship , universall false and loose discipline , innumerable either false , or unprofitable , or idle teachers , non-residents , * dumb doggs , so as whole counties for want of good ministers , ( who have beene every where cast out ) and whole countries , yea the whole land in comparison are overgrowne with papists , or atheists , or those that know not what true religion meanes : where shall wee begin to reforme ? alas ! in comparison of the true religion indeed ( which stands not in abare professiō , but in power not in a bare name of christianity , but in the nature of it ; not in the mixture of mens inventions , but in the purity of christs owne ordinances ) the religion in england is very farre degenerate , and but a while agoe was almost wholly slidden back into the very puddle of popery : yet not all , but as it was said of the church of sardis , thou hast a name that thou livest , but thou art dead ; yet in it were a * few names , which had not defiled their garments : even so in england , there are a few , yea i trust many thousands of saints , though ( in comparison of the whole land ) but a few names , a remnant ; whose hearts are perfect before god . where then shall the reformation begin now in england ? surely in the new forming of a church , such as god requireth in his word , christs voyce must first be heard , to call forth his sheep , and to gather them into their flocks , and folds . for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the church is properly a congregation of beleevers , called out from the rest of the world . for so saith the lord * come out from among them and be ye separate , and touch not the uncleane thing , and i will receive you . a strange speech , and be ye separate ? surely gods people must bee seperatists from the world , and from false churches , to become a pure and holy people unto the lord . and hee saith to the prophet ieremy , * if thou take forth the precious from the vile , thou shalt be as my mouth ; let them returne unto thee , but returne not thou unto them . and surely in a corrupt church ( as this is , and a long time hath beene , by reason of the great aposta●●● , and especially the wickednesse of the prelates ) we 〈…〉 doe as the apostles did when they came to plant 〈…〉 in a country where the gospell had not been 〈…〉 . * first they taught the people , and 〈…〉 heard and beleeved , were form●d 〈…〉 be god ) many people already fitted to make up holy assemblies or churches . well then , let it be the first degree of reformation to begin and call forth all those into severall congregations , who are fitted , and who desire to draw neere unto christ in a holy communion with him in the purity of his ordinances ▪ and thus let gods word run , and have a free passage , in calling in such as god shall draw unto him , in what place soever they shall be found . nor can we think at the first especially , that every assembly of people collected in their severall parishes , is fit to make up a congregation , and so qualified , as christ requireth for how many parishes in england will be found , where scarce one is able to give a reason of the hope that is in him ? ob. but shall not good preachers be set up in every parish , that the people may be instructed , and so fitted to be mēbers of a cōgregatiō , such as afore is mētioned . ans. no doubt of that , so so farre as is possible to provide preachers . ob. but what shall the people do in the meane time , who are ignorant , and profane , though not notoriously wicked ? for have they not received baptisme ? are they not christians ? shall they not then be admitted into the communion of the other sacrament ? ans. for this , every minister ought to bee very diligent and carefull to see , that ordinary profane and ignorant persons be not admitted to the sacrament * the lame or the blind is not to be offered up in sacrifice . ob. but admit that such as are ordinary profane persons , and have little or no knowledge of god , bee admitted to the sacrament pell mell : may not godly persons communicate with them , and therein not sin ? ans. for that , let such as are godly look to it . for if gods ordinances bee profaned ( as they are by profane and ignorant persons comming to the lords table , then others also that communicate with them are guilty of the same prophanation with them . * a little leven leveneth the whole lumpe . the apostle applies it to a mixt communion . let us keep the feast ( saith he ) to wit , in participating of christ our passeover in the sacrament , not with the old leven , &c. and thereupon hee tels them , i writ unto you in an epistle not to company with fornicators , &c. and * this ye know , that no whoremonger , nor uncleane person , nor covetous man , hath any inheritance in the kingdome of christ . be not therefore partakers with them . ob. but in congregations be so mixed , as they cannot , or are not secured , shall godly men for that cause deprive themselves of the ordinance ? answ. first , there is no necessity , that men in using the ordinance should sin by communicating with others in the profanation of holy things . secondly , it is not gods ordinance , that his holy things should bee prophaned . * cast not your pearles before swine , nor your holy things to dogs . * who required these things at your hands , to tread in my courts ? and yet their oblations , their sabbaths , their solemne assemblies , were gods ord. but because they were polluted and profaned by those that joyned in them , therfore the lord abhors them . * wash you , make you cleane , &c. ob. but what 's this to godly persons communicating with prophane ? ans. to communicate with known evill doers ( which even in their presuming to communicate in the ordinances , do evil in their doing of evil , is to partake of their evil deeds . * be not mingled with such ( saith ) the apostle ) that they may be ashamed . and v. . we command you brethren , in the name of our lord iesus christ , that ye withdraw your selves from every brother , that walketh disorderly , &c. ob. but if it be so , where can a godly man communicate without sin ? for where are not the congregations mixed ? ans. it is true , that if there be none other congregations allowed , but such as are in parishes , this confession cannot be avoyded . therfore of necessity there must be liberty granted of setting up churches , or congregations , where christs ordinances are administred in their purity , and so where none are admitted members of the congregation , but such as are approved of by the whole assembly for their profession and conversation , as against which there is no just exception . ob. but would you have other congregations , then such as are limited to every parish ? how will this stand with a nationall church , such as is the church of england ? this would make a division , and separation . ans. we must look in the first place , what christ commandeth , and what manner of congregations he requireth , and how qualified . if a state will set up a nationall church , wherein many things out of reason of state are tolerated , and prescribed for order sake ( as they call it ) and if there be such a necessity , necessity hath no law : but let not this exclude and barre out the free use of such congregations , as whereof the spirituall common-wealth of israel consisteth , over which christ as king immediately raigneth by his spirit and word in the beauty and purity of his ordinances . let not the consciences of gods people be bound , where christ hath purchased liberty . and where christs congregations are set up , however they are separate from the world in the corruptions thereof , yet they are not separate from the civil state , but are peaceable members therof , subject and obedient to all the good and just laws thereof . yea where such congregations are erected and allowed or by a civil state , they are both a strength and beauty , and procure many blessings unto it . they are unto a civil state , as that fulminatrix legio , that thundring legion in the emperour antoninus his army ( as he called it ) which consisting wholly of christians , among his other heathen legions , did by their prayers procure refreshing showers to the whole army , when it was sore distressed with drowt , and terrible storms on the other side , to the disconfeiture of the enemie . and therfore the apostle exhorts his christians * to pray for kings and such as are in authority , that we may lead a quiet and peaceable life in all godlinesse and honesty . and ●er . , . pray unto the lord for the city of your captivity : for in the peace thereof shall ye have peace ; implying , if it is the duty of civil princes and states , heathen or christian , to protect , or tollerate the true christian religion in their kingdomes as well ; as of the true christians , and professors to pray for them . for christs kingdome being spirituall , is so farr from being any prejudice to civil states , that it is the very glory and safety of them . and therefore the emperour domilian ( under whom was moved the second persecution , and by whom the apostle john was banished into pathmos ) hearing that christs kingdome was celestiall , and not of this world , recalled his edict for the persecution ( euseb. eccl. hist. li. . c. . ) so as thereupon it ceased . ob. but that there shallbe an order of church goverment established in a nationall church , and withall a liberty left ●or other church assemblies , exempted from this goverment , this may be a meanes to soment factious and envious emulations in a state , to the disturbing of the peace thereof . ans. for this , first , there be good lawes for civill government . seriously , that any one among the exempted congregations doe incorrigably misbehave themselvs , the law can take order with them . thirdly , let no man blame them , before they cry them . fourthly , it hath beene an old stratageme of satan still to lay all the blame of what ever disaster , upon the christians , as nero did . fiftly , it cannot be expected , but where ever the gospel commeth in its power and purity , it will kindle coales , and stirre up debate , as christ saith , it sets the father against the sonne , and the sonne against the father , &c. but this is accidentally , in respect of the malegnant objects it meetes withall , though naturall too , in respect of the good subjects , in whom it is , and by whom it is sincerely professed , for it fills them with zeale and plaine dealing in reproving of sinne , which the world cannot away withall . thus it hath done in all ages . and god in the * beginning after the fall , upon the revealing of christ , put an unreconcileable enmity , and deadly forehead betweene the seed of the serpent , and of the woman , betweene the elect and reprobate to the worlds end . and if for this every civill state should shut out the true religion , where would there be left any true church upon the earth ? obj. but the church-way of independency is too strict , and cannot be content with a mediocrity , but aspires to such a perfection of purity , as men are not capable of ; and therefore such will of necessity be envied and maligned , which will be cause of divisions . ans. as i fall true christians were not exhorted evry where , and so bound , to strive for perfection , so much as is possible , as we read matth. . . . phil. . . col. . . and . . tim. . . and every where in the scripture is perfect holinesse required , as ephes. . . cor. . . let us ( saith the apostle ) cleanse our selves from all filthinesse of the flesh and spirit , perfecting holinesse in the feare of god . see also heb. . . and . . &c. and for envy , were there but once set up amongst us some such congregations , as come neerest to the rule of gods word , both in church-constitutions , and in graces sutable , they would draw no lesse love and liking to them , when we should see in them the beauty and glory of christ more shining forth in them , then ever this land hath yet seene . and however the world accounts strictnesse , yet none are admitted members thereof , but such as are both willing and desirous , and doe freely enter into covenant to observe all the condiditions and orders thereof according to gods word : and who so are over , in , and of this congregation , they find in it nothing that is grievous , but christs sweetnesse * whose yoake is easie , and his burthen light . obj. but if such congregations were set up , which are not confined to any one parish , but collected out of many places , or out of many parishes , it would perhaps stirre up the patochiall ministers , or some at least , to envy and malignity , when they should see the best christians in all their parish to be under another ministry , and members of another congregation , and by this meanes also should their wages be diminished . ans. first , if christians , living in a parish , shall find just cause of separating themselves from such a congregation , as wherein great scandalls and offences are constantly given , so as they cannot with a good conscience , and without dishonour to god and his ordinances communicate with such an assembly , wherof the greatest part consists of prophane and ignorant persons ( as aforesaid ) but are forced to joyne themselves with such congregations , where no such offences be : shall any ministers be so unchristian , as to envy this ? or if they doe , let them reforme their owne congregations , and take away all such scandalls , and separate the precious from the vile , and administer the ordinances of christ purely and holily , and set up christs government in their congregations , that so they may retaine those honest soules , which otherwise are forced to forsake the pudled streames , to injoy the sweet , fresh , and pure fountaine of living waters . nor will the ministers and pastors of such independent congregations looke after any such wages , as the parochiall ministers challenge to themselves , as tithes , or the like . no surely , they are , and will be content that such competent maintenance as the members of their severall congregations respectively , shall freely , without any compulsion ( as is used in tithes ) allow unto them . now let any that professe to be the ministers of christ , maligne other , either ministers or people , who are desirous to injoy christs ordinances , in as much purity as may be , and with as much liberty of conscience , as christ hath priviledged them withall . obj. but the parliament now being about a reformation , as the removing of all antichristianisme and popery , as the hierarchicall government , and ceremonies purged , the liturgie , and discipline , what government shall be set up in this nationall church ? ans. the lord strengthen and direct the parliament in so great and glorious a worke ; and blessed be god who hath raised up such instrumens for such a worke , and who hath put in their hearts to be so zealous and unanimous for the perfecting of it so farre as is possible , and may stand with the nature of a nationall church . but as for the manner of government of a nationall church , because it hath no patterne in the scripture now under the gospell , who can herein perscribe or advise any thing . but first of all , if good preachers be set up in every parish , the noughty and scandalous being removed , and then for the better and speedier supply hereof , the universities and grammer schooles be purged , and better governors and ministers set up : so shall the people be taught , that they perish not for want of knowledge . as for the manner of government of parishes , whether by a presbytry , or otherwise , that ( as being , for its externall forme and frame , of a politicke nation ) i leave to the prudence of those , in whose hands it is put : let it be what it will , so as still a due respect be had to those congregations , and churches , which desire an exemption and liberty of injoying christs ordinances in such a purity , as a nationall church , is not possibly capable of . and what ever liturgie , or ceremonies , or discipline , are left to accompany this naturall church-government , t is indifferent with us , so we may injoy our christian liberty in the true use of such ordinances , and of such independent church-government , as christ the onely law-giver of his church , and lord of the conscience , hath left unto us in his word . obj. but independent churches , being absolute in themselves , and exempted from a superior iurisdiction of others , and yet not exempt from posibility of erring : what law is left to reduce them from their errour ? or that they persist in their obstinacy , what power shall censure , or correct them . ans. first , they have christs law to regulate them . secondly , they have the law of christ , which is by love to serve one another . they have the law of association and confederation with other churches to consult , advise , and conferre with , in matters of doubt or question . and if after all other remedies any be obstinate in his , or their errour , they are liable to excommunication , either in the same congregation , if it be a particular person , and the error great , or from other churches , if the whole congregation have offended , and do stiffely maintaine a dangerous errour , which yet is rarely seene in a well constituted congregation , consisting of meet members . and if at any time such a thing should fall out , which cannot grow but from some roote of apostacy , particular or generall : if the offence doe reflect also upon the laws of the civill state , which are made against knowne heresies , or blasphemy , or idolrtry , and the like , the offenders are obnoxious to the civill power . so little feare there is , that any independant congregation , or any member thereof , should be exempt from condigne censure , where just cause is given either ecclesiasticall or civill . finis . notes, typically marginal, from the original text notes for div a e- 〈…〉 * ● thes. . . * col , ● . * math. . , object . * isa. ●● . * isa. . . * cor. ● ▪ . * 〈◊〉 . , * 〈…〉 * 〈…〉 * 〈…〉 * 〈…〉 * 〈…〉 * 〈…〉 * 〈…〉 . 〈…〉 * 〈…〉 〈◊〉 . * 〈…〉 * mat. . , . die lunæ februarii whereas the lords in parliament assembled, did upon the first of this instant february order, that a declaration should be printed and published, ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ februarii whereas the lords in parliament assembled, did upon the first of this instant february order, that a declaration should be printed and published, ... england and wales. parliament. house of lords. sheet ([ ] p.) printed for john wright at the kings head in the old bayley, london : . [i.e. ] title from heading and first lines of text. an order of the lords desiring obedience to an ordinance of february respecting the appointment of commissioners for compounding with delinquents. order to print signed: joh. brown cler. parliamentorum. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ februarii . whereas the lords in parliament assembled, did upon the first of this instant february order, that a declaration england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae februarii . whereas the lords in parliament assembled , did upon the first of this instant february order ▪ that a declaration should be printed and published , wherein amongst other things it was declared , that the committees of the severall counties of england and dominion of wales , ought not to obey any order for the taking off or suspending any sequestrations untill a committee or commissioners for that purpose should be setled by ordidinance of parliament : and whereas since that time there is an ordinance past upon the sixth of this instant february , giving power to certaine lords and commons members of parliament , with some others therein named , to be commissioners to sit at goldsmiths hall for compounding with delinquents , and to act according to severall ordinances or orders made before the date of the said ordinance by both or either of the houses of parliament concerning the committee at goldsmiths hall : and that the said commissioners should have power to suspend the sequestration of such delinquents as should compound with the said commissioners : and that such suspentions as have beene already made by the committee at goldsmiths hall should stand good . now the said lords in parliament assembled ( for the preventing any scruple that may arise by reason of the said declaration ) doe ( upon the settlement made in this businesse , as aforesaid , by both houses ) thinke fit to declare , that the committees in the severall counties , and all others whom it may concerne , doe give obedience to the said ordinance and every part thereof . ordered by the lords assembled in parliament , that this declaration shall be printed and published ; and that the sheriffes or their vnder-sheriffes shall take care to carry downe severall printed copies of this declaration ; and that they be delivered unto the severall committees for sequestrations within the counties of the kingdome of england and dominion of wales , who are to take notice hereof accordingly . joh. brown cler. parliamentorum . london printed for john wright at the kings head in the old bayley . . a list of the names of the field-officers, captains, lieutenants, and ensigns in the auxiliaries of the city of london, as they are now commissioned by their majesties prresent [sic] commissioners of lieutenancy for the said city, august, city of london (england). commissioners of lieutenancy. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a list of the names of the field-officers, captains, lieutenants, and ensigns in the auxiliaries of the city of london, as they are now commissioned by their majesties prresent [sic] commissioners of lieutenancy for the said city, august, city of london (england). commissioners of lieutenancy. sheet ([ ] p.) printed for w.b. and r.h. ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- officers -- registers. broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a list of the names of the field-officers , captains , lieutenants 〈◊〉 ensigns in the auxiliaries of the city of london as they are now commissioned by their majesties prresent commoners of lieutenancy for the said city , august . collonels , lieut. collonel , majors , captains . yellow regiment . robert hatton , esq collonel . — mark stratton , esq lieut. coll. — ezekiel hutchinson , esq major . — daniel vvray — captain . samuel wilson — captain . jeremiah francis — captain . michael barber , junior captain . john churchill — captain . collonels , lieut. collonel , majors , captains . orange regiment . thomas cuthbert , esq collonel — peter essington , esq lieut. coll. — edward jenkins , esq major — john symond — captain , joseph hide — captain , henry coxhead — captain , michael s●mmers — captain , isaac hadley — captain , collonels , lieut. collonel , majors , captains . green regiment . humphery willet , esq collonel — charles milson , esq lieut. collonel — thomas brisco , esq major — phillip wightman — captain . john shorey — captain . james barrington — captain . thomas lane — captain . john wikles — captain . collonels , lieut. collonel , majors , captains . white regiment . henry hatley , esq collonel — john adams , esq lieut. coll. — william churchill , esq major — james bart — captain . john bonsey — captain . isaac dighton — captain . henry horsey — captain . william cooke — captain . collonels , lieut. collonel , majors , captains . red regiment . richard tilden , esq collonel — anthony cornwall , esq lieut. coll. — thomas hagar , esq major — edward harle — captain . anthony straton — captain . william habday — captain . richard barker — captain . william kemp — captain . collonels , lieut. collonel , majors , captains . blue regiment . francis kenton , esq collonel — benjamin dry , esq lieut. coll. — willam webster , esq major — william winepress captain . jeremiah mitchell — captain . andrew phillips — captain . daniel neale — captain . daniel newcomb — captain . lieutenants . yellow regiment . john rivet captain lieutenant . john grantham — john moncrife — william blizard — william winne — benjamin cooper — john harris — charles chappell — lieutenants . orange regiment . richard barnes capt. lieutenant . — richard brookes — andrew rudsby — richard savage — ralph hollinshed — robert stowers — hugh roberts — lieutenants . green regiment . john field captain lieutenant . benjamin ireland — john patrick — charles bringhurst — richard littleton — elias bayly — william kidd — lieutenants . white regiment . thomas manwaring capt. lieut , samuel ball — moses burton — thomas sandal — william farmer — edward collingwood — stephen rose — james goodchild — lieutenants . red regiment . john stables captain lieutenant . samuel brampton — james hubbert — john cox — jonathan blagden — richard stocke — amplias keepe — david thomas — lieutenants . blue regiment . jeremiah hurt capt. lieutenant . james wilkes — george goddard — thomas playle — james cutler — john rowney — daniel ashford — ensigns . yellow regiment james wight — thomas freeman — joseph johnson — george sawbridge — richard casbeard — robert cooke — john rambridge — ensigns . orange regiment thomas hartley — nathaniel davies — rice sewen — joseph hide , junior — john channelhouse — richard morris — william southard — ensigns . green regiment . thomas millet — thomas smith — roger neild — john johnson , esq — john clarke — job harbourd — william watson — ensigns . white regiment robert white — abraham aldersey — richard packley — thomas fairfax — william storke — edward salmon — samuel shipley — thomas bowers — ensigns . red regiment . daniel tilden — richard bell — richard fletcher — james mathews — john chandler — francis marshal — isaac hodgson — ensigns . blue regiment . jervas byfield — humphrey south , junio● robert fowler — thomas carpenter — daniel shank — joseph asburne — george hand — london : printed for w.b. and r.h. in little-britain , . an old mould to cast new lawes by compiled by the honourable sir thomas smith, knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, king edward & queen elizabeth ; reprinted out of the common-wealth of england by a friend to old bookes and an enemy to new opinions ; together with king james his declaration to both houses at white-hall, of the kings power in the parliament of scotland in making lawes, march , . common-wealth of england. selections. smith, thomas, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an old mould to cast new lawes by compiled by the honourable sir thomas smith, knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, king edward & queen elizabeth ; reprinted out of the common-wealth of england by a friend to old bookes and an enemy to new opinions ; together with king james his declaration to both houses at white-hall, of the kings power in the parliament of scotland in making lawes, march , . common-wealth of england. selections. smith, thomas, sir, - . james i, king of england, - . [ ], p. s.n.], [oxford? : m. dc. xliii [ ] reproduction of original in the cambridge university library. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (wing s ). civilwar no an old mould to cast new lawes by; compiled by the honourable sir thomas smith knight, doctor of both lawes, and one of the principall secre smith, thomas, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion an old mould to cast new lawes by ; compiled by the honourable sir thomas smith knight , doctor of both lawes , and one of the principall secretaries unto two most worthy princes , king edward , & queen elizabeth . reprinted out of the common-wealth of england , by a friend to old bookes , and an enimy to new opinions . together , with king james his declaration to both houses at white-hall , of the kings power in the parliament of scotland in making lawes . march . . remember the dayes of old , consider the years of many generations ; ask thy father , and he will shew thee , thy elders and they will tell thee . deut. . . vir bonus est quis ? answer is made , qui consulta patrum , qui leges juraque servat . printed , m.dc.xliii . of the parliament , and the authority thereof . the most high and absolute power of the realme of england consisteth in the parliament . for as in warre where the king himselfe in person , the nobility , the rest of the gentility and the yeomanry are , is the force and power of england : so in peace and consultation where the prince is to give life , and the last and highest commandement : the barrony or the nobility for the higher : the knights , esquires , gentlemen and commons for the lower part of the common-wealth , the bishops for the clergy be present to advertise , consult , and shew what is good and necessary for the common-wealth , and to consult together , and upon mature deliberation every bill or law being thrice read and disputed upon in either house , the other two parts , first each a part , and after the prince himselfe in presence of both the partyes doth consent unto , & alloweth . that is the prince's and the whole realmes deed : whereupon justly no man can complain , but must accommodate himselfe to find it good and obey it . that which is done by this consent is called firme , stable , and sanctum , and is taken for law . the parliament abrogateth old lawes , maketh new , giveth order for things past , and for things hereafter to be followed , changeth rights and possessions of private men , legitimateth bastards , establisheth formes of religion , altereth waights and measures , giveth forme of succession to the crown , defineth of doubtfull rights , whereof is no law already made , appoynteth subsidies , tailes , taxes and impositions , giveth most free pardons & absolutions , restoreth in blood & name , as the highest court , condemneth or absolveth them whom the prince will put to that tryall . and to be short , all that ever the people of rome might doe , either in centuriatis comitiis or tributis , the same may be done by the parliament of england , which representeth and hath the power of the whole realme , both the head and the body . for every english man is intended to be there present , either in person , or by procuration , or atturney of what preheminence , state , dignity or quality soever he be , from the prince ( be he king or queen ) to the lowest person of england . and the consent of the parliament is taken to be every mans consent . the iudges in parliament are the king or queens majesty , the lords temporall and spirituall , the commons presented by the knights and burgesses of every shire and burrough town . these all , or the greatest part of them , and that with the consent of the prince for the time being must agree to the making of lawes . the officers in parliament are the speakers , two clarkes , the one for the higher house , the other for the lower , and committees . the speaker is he that doth commend and preferre the bills exhibited into the parliament , and is the mouth of the parliament . he is commonly appoynted by the king or queen , though accepted by the assent of the house . the clarkes are the keepers of the parliament rolles and records , and of the statutes made , and have the custody of the private statutes not printed . the committees are such as either the lords in the higher house , or burgesses in the lower house , doe chuse to frame the lawes upon such billes as are agreed upon , and afterward to be ratified by the same houses . of the forme of holding the parliament . the prince sendeth forth his rescripts or writs to every duke , marquesse , baron , and every other lord temporall or spirituall , who hath voyce in the parliament , to be at his great councell of parliament such a day ( the space from the date of the writ is cōmonly at the least . dayes ) he sendeth also writs to the sheriffes of every shire , to admonish the whole shire to chuse two knights of the parliament in the name of the shire , to heare , and reason , and to give their advice and consent in the name of the shire , and to be present at that day : likewise to every citty and towne , which of ancient time hath been wont to find burgesses of the parliament , so to make election that they may be present at the first day of the parliament . the knights of the shire be chosen by all the gentlemen and yeomen of the shire , present at the day assigned for the election 〈◊〉 voyce of any absent can be counted for none . yeomen i call here ( as before ) that may dispend at the least s . of yearly rent of free land of his own . these meeting at one day , the two who have the more of their voyces , be chosen knights of the shire for that parliament : likewise by the plurality of the voyces of the cittizens & burgesses , be the burgesses elected . the first day of the parliament the prince and all the lords in their robes of parliament doe meet in the higher house , where after prayers made , they that be present are written , and they that be absent upon sicknesse , or some other reasonable cause , ( which the prince will allow ) doe constitute under their hand and seale , some one of these who be present , as their procurer , or atturney , to give voyce for them , so that by presence or atturney and proxy they be all there , all the princes and barons , and all arch-bishops and bishops , and ( when abbots were ) so many abbots as had voyce in parliament . the place where the assembly is , is richly tapessed and hanged , a princely and royall throne as appertaineth to a king , set in the midst of the higher place thereof . next under the prince sitteth the chancellor , who is the voyce and orator of the prince . on the one side of that house or chamber , sitteth the arch-bishops & bishops each in his ranke ; on the other side the dukes and barons . in the midst thereof upon woolsacks sit the iudges of the realme , the master of the rolles , and the secretaries of state . but these that sit on the woolsacks have no voyce in the house , but only sit there to answer their knowledge in the law , when they be askt if any doubt arise among the lords . the secretaries doe answer of such letters or things passed in councell whereof they have the custody and knowledge , and this is called the vpper house , whose consent and dissent is given by each man severally , and by himselfe , first for himselfe , and then severally for as many as he hath letters and proxies , when it cometh to the question , saying only content or not content , without farther reasoning or replying . in this mean time the knights of the shires , and burgesses of the parliament ( for so they are called that have voyce in parliament , and are chosen as i have said before to the number betwixt three and foure hundred ) are called by such as it pleaseth the prince to appoynt , into an open great house or chamber by name , to which they answer : and declaring for what shire or town they answer , then they are willed to choose an able and discreet man , to be as it were the mouth of them all , and to speak for , and in the name of them , and to present him so chosen by them to the prince : which done they comming all with him to the barre , which is at the nether end of the upper house , there he first prayseth the prince , then maketh his excuse of inability , and prayeth the prince that he would command the commons to choose another . the chancellor in the princes name doth so much declare him able , as he did declare himselfe unable , and thanketh the commons for choosing so wise discreet and eloquent a man , and willeth them to goe and consult of lawes for the common-wealth . then the speaker maketh certain requests to the prince in the name of the commons , first , that his majesty would be content , that they may use and injoy all their liberties & priviledges that the commons house was wont to injoy . secondly , that they may frankly and freely say their minds in disputing of such matters as may come in question , and that without offence to his majesty . thirdly , if any should chance of that lower house to offend , or not to doe or say as should become him , or if any should offend any of them being called to that his majesties highnesse court , that they themselves ( according to the ancient custome ) might have the punishment of them . and fourthly , that if there came any doubt whereupon they shall desire to have the advice , or conference with his majesty , or with any of the lords , that they might doe it ; all which he promiseth in the commons names , that they shall not abuse , but have such regard , as most faithfull , true , and loving subjects ought to have to their prince . the chancellor answereth in the princes name as appertaineth . and this is all that is done for one day , and sometimes for two . besides the chancellor , there is one in the upper house , who is called the clarke of the parliament , who readeth the bills . for all that commeth in consultation either in the upper house , or in the neather house , is put in writing first in paper , which being once read he that will , riseth up , and speaketh with it or against it , and so one after another so long as they shall thinke good : that done , they go to another , & so to another bill . after it hath been once or twice read , and doth appeare that it is somewhat liked as reasonable , with such amendment in words and peradventure some sentences , as by disputation seemeth to be amended , in the upper house the chancellor asketh , if they will have it ingrossed , that is to say , put into parchment : which done ; & read the third time , and that eft-soones , if any be disposed to objected , disputed againe among them , the chancellor asketh if they will go to the question ; and if they agree to go to the question , then he saith , here is such a law , or act concerning such a matter , which hath been thrice read here in this house , are ye content that it be enacted or no ? if the not contents be more , then the bill is dashed , that is to say , the law is annihilated , and goeth no farther . if the contents be the more , then the clarke writeth underneath : soit baille aux commons . and so when they see time , they send such bills as they have approved , by two or three of those which doe sit on the wool-sacks to the commons , who asking licence , and comming into the house with due reverence , saith to the speaker : maister speaker , my lords of the upper house , have passed among them , and thinke good that there should be enacted by parliament such an act , & such an act , and so readeth the titles of that act or acts. they pray you to consider of them , & shew them your advise ; which done , they go their way . they being gone , and the doore againe being shut , the speaker rehearseth to the house what they said . and if they be not busie disputing at the time in another bill , he asketh them straight way , if they will have that bill , or ( if there be moe ) one of them . in like manner in the lower house , the speaker sitting in a seat or chayre for that purpose , somewhat higher , that he may see , and be seene of them all , hath before him in a lower seat his clarke , who readeth such bills as be first propounded in the lower house , or be sent down from the lords . for in that point each house hath equall authority to propound what they thinke meet , either for the abrogating of some law made before , or for making of a new . all bills be thrice in three divers dayes read , and disputed upon before they come to question . in the disputing is a marvailous good order used in the lower house . he that standeth up bare-headed , is understanded that he will speake to the bill . if more stand up , who that is first judged to arise , is first heard , though the one doe praise the law , the other disswade it , yet there is no alteration . for every man speaketh as to the speaker , not as one to another , for that is against the order of the house . it is also taken against the order to name him , whom ye doe confute , but by circumlocution , as he that speaketh with the bill , or he that speaketh against the bill , and gave this and this reason . and so with perpetuall oration , not with alteration , he goeth through till he have made an end . he that once hath spoken in a bill , though he be confuted strait , that day may not reply , no though he would change his opinion . so that to one bill in one day , one may not in that house speake twice , for else one or two with alteration would spend all the time ; the next day he may , but then also but once . no reviling or nipping words must be used . for then all the house will cry 't is against the order , and if any speake irreverently or seditiously against the prince or the privy counsell , i have seene them not only interrupted , but it hath been moved after to the house , and they have sent them to the tower . so that in such a multitude , and in such a diversity of minds , and opinions , there is the greatest modesty and temperance of speech that can be used . neverthelesse with much dulce and gentle termes , they make their reasons as violent , and as vehement the one against the other , as they may ordinarily , except it be for urgent causes , and hasting of time . at the afternoone they keep no parliament . the speaker hath no voice in the house , nor will they suffer him to speake in any bill to move or disswade it . but when any bill is read , the speakers office is , as briefly and as plainly as he may , to declare the effect thereof to the house . if the commons doe assent to such bills as be sent to them , first agreed upon from the lords thus subscribed , les commons ont assentus ; so if the lords doe agree to such bills as be first agreed upon by the commons , they send them downe to the speaker , thus subscribed , les seigneurs ont assentus : if they cannot agree , the two houses ( for every bill from whence soever it doth come is thrice read in each of the houses ) if it be understood that there is any sticking , sometimes the lords to the commons , sometimes the commons to the lords doe require that a certaine of each house may meet together , and so each part be informed of others meaning , and this is alwayes granted . after which meeting for the most part , not alwayes , either part agrees to others bills . in the upper house they give their assent and dissent each man severally by himselfe ; first for himselfe , and then for so many as he hath proxy . when the chancellor hath demanded of them , whether they will go to the question , after the bill hath been thrice read ? they saying only content or not content , without further reasoning or replying , and as the more number doth agree , so is it agreed on or dashed . in the neather house none of them that is elected , either knight or burgesse can give his voyce to another , nor his consent or dissent by proxy . the more part of them that be present only maketh the consent or dissent . after the bill hath been twice read , and then ingrossed , and est-soones read and disputed on enough as is thought , the speaker asketh , if they will go to the question , and if they agree ? he holdeth the bill up in his hand , and saith , as many as will have this bill go forward , which is concerning such a matter , say , yea . then they which allow the bill , cry yea , and as many as will not , say no : as the cry of yea , or no is bigger , so the bill is allowd or dashed . if it be a doubt which cry is bigger , they divide the house , the speaker saying , as many as doe allow the bill , go downe with the bill , and as many as doe , not sit still . so they divide themselves , and being so divided , they are numbred who made the more part , and so the bill doth speed . it chanceth sometime that some part of the bill is allowed , some other part hath much controversie and doubt made of it , and it is thought if it were amended it would go forward . then they chuse certaine committees of them who have spoken with the bill , and against it , to amend it , and bring it again so amended , as they amongst them shall think meet : and this is before it is ingrossed , yea and sometime after . but the agreement of these committees is no prejudice to the house . for at the last question they will accept it or dash it , as it shall seem good , notwithstanding that whatsoever the committees have done . thus no bill is an act of parliament , ordinance , or edict of law , untill both the houses have severally agreed unto it after the order aforesaid , no nor then neither . but the last day of that parliament or session , the prince cometh in person in his parliament robes , and sitteth in his state , all the upper house sitteth about the prince in their states and order in their robes . the speaker with all the commons house cometh to the barre , and there after thanks-giving first in the lords name by the chancellor &c. and in the commons name by the speaker to the prince , for that he hath so great care of the government of his people , and for calling them together to advise of such things as should be for the reformation ; establishing and ornament of the common-wealth . the chancellor in the princes name giveth thankes to the lords and commons , for their pains and travailes taken , which he the said prince will remember and recompence when time and occasion shall serve , and that he for his part is ready to declare his pleasure concerning their proceedings , whereby the same may have perfect life and accomplishment , by his princely authority , and so have the whole consent of the realme . then one reads the titles of every act , which hath passed at that session , but only in this fashon : an act concerning such a thing , &c. it is marked there what the prince doth allow , and to such he saith le roy , or la royn le vults and those be taken now as perfect lawes , and ordinances of the realme of england , and none other , and as shortly as may be put in print , except it be some private cause , or law made for the benefit or prejudice of some private man , which the romans were wont to call privilegia . these be only exemplified under the seale of the parliament , and for the most part not printed . to those which the prince liketh not he answereth le roy or la royne saduisera , and those be accounted utterly dasned and of none effect . this is the order and forme of the highest and most authenticall court of england , by virtue whereof all those things be established whereof i spake before , and no other means accounted availeable to make any new for feiture of life , member , or lands of any english man , where there was no law ordained for it before . king iames his declaration to both houses at white-hall , of the kings power in the parliament of scotland in making lawes . march . . it hath been objected as another impediment , that in the parliament of scotland the king hath not a negative voyce , but must passe all the lawes agreed on by the lords and commons . of this i can best resolve you , for i am the eldest parliament man in scotland , and have sate in more parliaments then all my predecessors . i can assure you , that the forme of parliament there is nothing inclined to popularity . about a twenty dayes or such a time before the parliament , proclamation is made through the kingdom , to deliver into the kings clark of register ( whom ye here call the master of the rolles ) all billes to be exhibited that sessions , before a certain day . then are they brought unto the king , and perused and considered by him ; and only such as i allow of are put into the chancellors hands , to be propounded to the parliament and none others . and if any man in parliament speak of any other matter , then is in this forme first allowed by me , the chancellor tells him there is no such bill allowed by the king . besides when they have passed them for lawes , they are presented unto mee , and i with my scepter put into my hand by the chancellor , must say , i ratify and approve all things done in this present parliament : and if there be any thing that i dislike they race it out before : if this may be called a negative voyce ; then i have one i am sure in that parliament . if i have spoken evill bear witnesse of the evill , but if well , why smitest thou mee ? ioh. . . if i have said any thing amisse tell me . eras. paraph. finis . a letter from a clergy-man in the city, to his friend in the country, containing his reasons for not reading the declaration halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from a clergy-man in the city, to his friend in the country, containing his reasons for not reading the declaration halifax, george savile, marquis of, - . p. s.n., [london? : ] caption title. dated at end: may , . attributed to george savile, marquis of halifax. cf. mcalpin coll. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : james ii). -- declaration : james r. ... that as it is our royal purpose to endeavor a legal establishment of an universal liberty of conscience. church of england. church and state -- england. freedom of religion -- england. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a clergy-man in the city , to his friend in the country , containing his reasons for not reading the declaration . sir , i do not wonder at your concern for finding an order of council published in the gazette for reading the king's declaration for liberty of conscience in all churches and chappels in this kingdom . you desire to know my thoughts about it , and i shall freely tell them ; for this is not a time to be reserved . our enemies who have given our gracious king this counsel against us , have taken the most effectual way not only to ruine us , but to make us appear the instruments of our own ruine , that what course soever we take , we shall be undone ; and one side or other will conclude that we have undone our selves , and fall like fools . to lose our livings and preferments ▪ nay our liberties and lives in a plain and direct opposition to popery , as suppose for refusing to read mass in our churches , or to swear to the trent-creed , is an honourable way of falling , and has the divine comforts of suffering for christ and his religion ; and i hope there is none of us but can chearfully submit to the will of god in it . but this is not our present case ; to read the declaration , is not to read the mass , nor to profess the romish faith ; and therefore some will judge that there is no hurt in reading it , and that to suffer for such a refusal , is not to fall like confessors , but to suffer as criminals for disobeying the lawful commands of our prince : but yet we judge , and we have the concurring opinions of all the nobility and gentry with us , who have already suffered in this cause , that to take away the test and penal laws at this time , is but one step from the introducing of popery ; and therefore to read such a declaration in our churches , though it do not immediately bring popery in , yet it sets open our church-doors for it , and then it will take its own time to enter : so that should we comply with this order , all good protestants would despise and hate us , and then we may be easily crushed , and shall soon fall with great dishonour , and without any pity . this is the difficulty of our case ; we shall be censured on both sides , but with this difference : we shall fall a little sooner by not reading the declaration , if our gracious prince resent this as an act of an obstinate and pevish or factious disobedience , as our enemies will be sure to represent it to him ; we shall as certainly fall , and not long after , if we do read it , and then we shall fall unpitied and despised , and it may be with the curses of the nation , whom we have ruined by our compliance ; and this is the way never to rise more : and may i suffer all that can be suffered in this world , rather than contribute to the final ruine of the best church in the world. let us then examine this matter impartially , as those who have no mind either to ruine themselves , or to ruine the church : i suppose no minister of the church of england can give his consent to the declaration . let us then consider whether reading the declaration in our churches be not an interpretative consent , and will not with great reason be interpreted to be so : for , first , by our law all ministerial officers are accountable for their actions : the authority of superiours , though of the king himself , cannot justifie inferiour officers , much less the ministers of state , if they should execute any illegal commands ; which shews , that our law does not look upon the ministers of church or state to be meer machines and tools to be managed wholly by the will of superiours , without exercising any act of judgment or reason themselves ; for then inferiour ministers were no more punishable than the horses are which draw an innocent man to tyburn : and if inferiour ministers are punishable , then our laws suppose that what we do in obedience to superiours , we make our own act by doing it , and i suppose that signifies our consent , in the eye of the law , to what we do . it is a maxime in our law , that the king can do no wrong ; and therefore if any wrong be done , the crime and guilt is the minister's who does it : for the laws are the king 's publick will , and therefore he is never supposed to command any thing contrary to law ; nor is any minister , who does an illegal action , allowed to pretend the king's command and authority for it : and yet this is the only reason i know , why we must not obey a prince against the laws of the land , or the laws of god , because what we do , let the authority be what it will that commands it , becomes our own act , and we are responsible for it ; and then as i observed before , it must imply our own consent . secondly , the ministers of religion have a greater tye and obligation than this , because they have the care and conduct of mens souls , and therefore are bound to take care that what they publish in their churches , be neither contrary to the laws of the land , nor to the good of the church : for the ministers of religion are not lookt upon as common cryers , but what they read , they are supposed to recommend too , thô they do no more than read it ; and therefore to read any thing in the church , which i do not consent to and approve , nay which i think prejudicial to religion , and the church of god , as well as contrary to the laws of the land , is to mis-guide my people , and to dissemble with god and men ; because it is presum'd , that i neither do , nor ought to read any thing in the church , which i do not in some degree approve . indeed , let mens private opinions be what they will , in the nature of the thing , he that reads such a declaration to his people , teaches them by it : for is not reading teaching ? suppose then i do not consent to what i read , yet i consent to teach my people what i read : and herein is the evil of it ; for it may be it were no fault to consent to the declaration , but if i consent to teach my people what i do not consent to , myself , i am sure that is a great one : and he who can distinguish between consenting to read the declaration , and consenting to teach the people by the declaration , when reading the declaration is teaching it , has a very subtile distinguishing conscience . now if consenting to read the declaration be a consent to teach it my people , then the natural interpretation of reading the declaration , is , that he who reads it , in such a solemn teaching-manner , approves it . if this be not so , i desire to know , why i may not read an homily for transubstantiation , or invocation of saints , or the worship of images , if the king sends me such good catholic homilies , and commands me to read them ? and thus we may instruct our people in all the points of popery , and recommend it to them with all the sophistry and artificial insinuations , in obedience to the king , with a very good conscience , because without our consent : if it be said , this would be a contradiction to the doctrine of our church by law established ; so i take the declaration to be : and if we may read the declaration contrary to law , because it does not imply our consent to it ; so we may popish homilies , for the bare reading them will not imply our consent , no more than the reading the declaration does : but whether i consent to the doctrine or no , it is certain i consent to teach my people this doctrine ; and it is to be considered , whether an honest man can do this . thirdly , i suppose no man will doubt , but the king intends , that our reading the declaration should signifie to the nation , our consent and approbation of it ; for the declaration does not want publishing , for it is sufficiently known already : but our reading it in our churches , must serve instead of addresses of thanks , which the clergy generally refused , though it was only to thank the king for his gracious promises renewed to the church of england , in his declaration , which was much more innocent , than to publish the declaration itself in our churches : this would perswade one , that the king thinks our reading the declaration , to signifie our consent , and that the people will think it to be so . and he that can satisfie his conscience , to do an action without consent , which the nature of the thing , the design , and intention of the command , and the sence of the people expound to be a consent , may , i think , as well satisfie himself with equivocations and mental reservations . there are two things to be answered to this , which must be considered . i. that the people understand our minds , and see that this is matter of force upon us , and meer obedience to the king. to which i answer , . possibly the people do understand that the matter of the declaration is against our principles : but is this any excuse , that we read that , and by reading recommend that to them , which is against our own consciences and judgments ? reading the declaration would be no fault at all , but our duty , when the king commands it , did we approve of the matter of it ; but to consent to teach our people such doctrines as we think contrary to the laws of god , or the laws of the land , does not lessen but aggravate the fault , and people must be very good natured to think this an excuse . . it is not likely that all the people will be of a mind in this matter , some may excuse it , others , and those it may be the most , the best , and the wisest men , will condemn us for it , and then how shall we justifie our selves against their censures ? when the world will be divided in their opinions , the plain way is certainly the best , to do what we can justifie our selves , and then let men judge as they please . no men in england will be pleased with our reading the declaration , but those who hope to make great advantage of it against us , and against our church and religion : others will severely condemn us for it , and censure us as false to our religion , and as betrayers both of church and state : and besides that , it does not become a minister of religion , to do any thing , which in the opinion of the most charitable men can only be excused ; for what needs an excuse , is either a fault or looks very like one ; besides this i say ; i will not trust mens charity ; those who have suffered themselves in this cause , will not excuse us for fear of suffering ; those who are inclined to excuse us now , will not do so when they consider the thing better , and come to feel the ill consequences of it : when our enemies open their eyes ▪ and tell them what our reading the declaration signified , which they will then tell us we ought to have seen before , though they were not bound to see it ; for we are to guide and instruct them , not they us . ii. others therefore think , that when we read the declaration , we should publickly profess , that it is not our own judgment , but that we only read it in obedience to the king ; and then our reading it cannot imply our consent to it : now this is only protestatio contra factum , which all people will laugh at , and scorn us for : for such a solemn reading it in the time of divine service , when all men ought to be most grave and serious , and far from dissembling with god or men , does in the nature of the thing imply our approbation ; and should we declare the contrary , when we read it , what shall we say to those who ask us , why then do you read it ? but let those who have a mind try this way , which , for my part , i take to be a greater and more unjustifiable provocation of the king , than not to read it ; and , i suppose , those who do not read it , will be thought plainer and honester men , and will escape as well as those who read it and protest against it : and yet nothing less than an express protestation against it will salve this matter ; for only to say , they read it meerly in obedience to the king , does not express their dissent : it signifies indeed , that they would not have read it , if the king had not commanded it ; but these words do not signifie , that they disapprove of the declaration , when their reading it , though only in obedience to the king , signifies their approbation of it , as much as actions can signifie a consent : let us call to mind how it fared with those in king charles the first 's reign , who read the book of sports , as it was called , and then preached against it . to return then to our argument ; if reading the declaration in our churches be in the nature of the action , in the intention of the command , in the opinion of the people , an interpretative consent to it , i think my self bound in conscience not to read it , because i am bound in conscience not to approve it : it is against the constitution of the church of england , which is established by law , and to which i have subscribed , and therefore am bound in conscience to teach nothing contrary to it , while this obligation lasts : it is to teach an unlimited and universal toleration , which the parliament in . declared illegal , and which has been condemned by the christian church in all ages : it is to teach my people , that they need never come to church more , but have my free leave , as they have the king 's , to go to a conventicle , or to mass : it is to teach the dispensing power , which alters , what has been formerly thought , the whole constitution of this church and kingdom : which we dare not do , till we have the authority of parliament for it : it is to recommend to our people , the choice of such persons to sit in parliament , as shall take away the test and penal laws , which most of the nobility and gentry of the nation have declared their judgment against : it is to condemn all those great and worthy patriots of their country , who forfeited the dearest thing in the world to them , next a good conscience , viz. the favour of their prince , and a great many honourable and profitable employments with it , rather than ▪ consent to that proposal of taking away the test and penal laws , which they apprehend destructive to the church of england and the protestant religion ; and he who can in conscience do all this , i think need scruple nothing . for let us consider further , what the effects and consequences of our reading the declaration are likely to be , and i think they are matter of conscience too , when they are evident and apparent . this will certainly render our persons and ministry infinitely contemptible , which is against that apostolick canon , let no man despise thee , titus . . that is , so to behave himself in his ministerial office , as not to fall under contempt ; and therefore this obliges the conscience , not to make our selves ridiculous , nor to render our ministry , our counsels , exhortations , preaching , writing , of no effect , which is a thousand times worse than being silenced : our sufferings will preach more effectually to the people , when we cannot speak to them : but he who for fear or cowardize , or the love of this world , betrays his church and religion by undue compliances , and will certainly be thought to do so , may continue to preach , but to no purpose ; and when we have rendred our selves ridiculous and contemptible , we shall then quickly fall , and fall unpitied . there is nothing will so effectually tend to the final ruin of the church of england , because our reading the declaration will discourage , or provoke , or misguide , all the friends the church of england has : can we blame any man for not preserving the laws and the religion of our church and nation , when we our selves will venture nothing for it ? can we blame any man for consenting to repeal the test and penal laws , when we recommend it to them by reading the declaration ? have we not reason to expect that the nobility and gentry , who have already suffered in this cause , when they hear themselves condemned for it in all the churches of england , will think it time to mend such a fault , and reconcile themselves to their prince ? and if our church fall this way , is there any reason to expect that it should ever rise again ? these consequences are almost as evident as demonstrations , and let it be what it will in it self , which i foresee will destroy the church of england and the protestant religion and interest , i think i ought to make as much conscience of doing it , as of doing the most immoral action in nature . to say , that these mischievous consequences are not absolutely necessary , and therefore do not affect the conscience , because we are not certain they will follow , is a very mean objection ; moral actions indeed have not such necessary consequences , as natural causes have necessary effects , because no moral causes act necessarily : reading the declaration will not as necessarily destroy the church of england , as fire burns wood , but if the consequence be plain and evident , the most likely thing that can happen , if it be unreasonable to expect any other , if it be what is plainly intended and designed , either i must never have any regard to moral consequences of my actions , or if ever they are to be considered , they are in this case . why are the nobility and gentry so extreamly averse to the repeal of the test and penal laws ? why do they forfeit the king's favour , and their honourable stations , rather then comply with it ? if you say that this tends to destroy the church of england and the protestant religion , i ask whether this be the necessary consequence of it ? whether the king cannot keep his promise to the church of england if the test and penal laws be repealed ? we cannot say , but this may be : and yet the nation does not think fit to try it ; and we commend those great men who deny it ; and if the same questions were put to us , we think we ought in conscience to deny them our selves : and are there not as high probabilities , that our reading the declaration will promote the repeal of the test and penal laws , as that such a repeal will ruine our constitution , and bring in popery upon us ? is it not as probable , that such a complyance in us , will disoblige all the nobility and gentry , who have hitherto been firm to us , as that when the power of the nation is put into popish hands , by the repeal of such tests and laws , the priests and jesuits may find some salvo for the king's conscience , and perswade him to forget his promise to the church of england ? and if the probable ill consequences of repealing the test and penal laws , be a good reason not to comply with it , i cannot see but that the as probable ill consequences of reading the declaration , is as good a reason not to read it . the most material objection is , that the dissenters , whom we ought not to provoke , will expound our not reading it , to be the effect of a persecuting spirit : now i wonder men should lay any weight on this , who will not allow the most probable consequences of our actions , to have any influence upon conscience : for if we must compare consequences , to disoblige all the nobility and gentry by reading it , is likely to be much more fatal , than to anger the dissenters : and it is more likely , and there is much more reason for it , that one should be offended than the other : for the dissenters who are wise and considering , are sensible of the snare themselves , and though they desire ease and liberty , they are not willing to have it with such apparent hazard of church and state : i am sure that thô we were never so desirous that they might have their liberty , ( and when there is opportunity of shewing our inclinations without danger , they may find that we are not such persecutors as we are represented ) yet we cannot consent that they should have it this way , which they will find the dearest liberty that ever was granted . this sir , is our case in short , the difficulties are great on both sides , and therefore now if ever , we ought to besiege heaven with our prayers , for wisdom , and counsel , and courage ; that god would protect his church and reformed christianity , against all the devices of their enemies : which is the daily and hearty prayer of , sir , your friend and brother . may . . postscript . i have just now seen h. care 's paper called , the public occurrences , which came out to day , and cannot but set you right as to his news about the reading of the declaration on sunday : he tells you , that several divines of the church of england , in and about this city , eminent for their piety and moderation , did yesterday read his majesty's late declaration in their churches , according to the order in that behalf ; but some ( to the great surprize of their parishoners ) were pleased to decline it . you in the country are from this account to believe , that it was read here by the generallity of the clergy , and by the eminent men among them : but i can , and do assure you , that this is one of the most impudent lyes that ever was printed : for as to this city which hath above a hundred parishes in it , it was read only in four or five churches , all the rest , and best of the clergy refusing it every-where . i will spare their names who read it ; but should i mention them , it would make you , who know this city , a little heartily to deride h c's account of them . and for the surprize he talks of , the contray of it is so true , that in wood-street , where it was read by one dr. m. the people generally went out of the church . this i tell you , that you may be provided for the future against such an impudent lyar , who , for bread , can vouch and put about the nation , the falsest of things . i am yours . a letter sent from the marquess of argyle to the king of scots; concerning the raising of a new army against the english; and his desires and proposals touching the same. also, his declaration to the people, and his summons to the gentry in the north; with the rising of the highlanders and redshanks; their falling upon the parliaments forces, and the event and success thereof. likewise, the manner how they fortifie the hills and mountains; and the strange engines of war which they have planted. argyll, archibald campbell, marquis of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter sent from the marquess of argyle to the king of scots; concerning the raising of a new army against the english; and his desires and proposals touching the same. also, his declaration to the people, and his summons to the gentry in the north; with the rising of the highlanders and redshanks; their falling upon the parliaments forces, and the event and success thereof. likewise, the manner how they fortifie the hills and mountains; and the strange engines of war which they have planted. argyll, archibald campbell, marquis of, - . p. for george horton, imprinted at london : . annotation on thomason copy: "aprill ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . scotland. -- army -- history -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . scotland -- history -- - -- early works to . a r (thomason e _ ). civilwar no a letter sent from the marquess of argyle to the king of scots;: concerning the raising of a new army against the english; and his desires argyll, archibald campbell, marquis of d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter sent from the marquess of argyle to the king of scots ; concerning the raising of a new army against the english ; and his desires and proposals touching the same . also , his declaration to the people , and his summons to the gentry in the north ; with the rising of the highlanders and redshanks ; their falling upon the parliaments forces , and the event and success thereof . likewise , the manner how they fortifie the hills and mountains ; and the strange engines of war which they have planted . imprinted at london , for george horton , . a declaration of the marq. of argyle concerning the parliament of england ; and his resolution and summons to the gentry : with the rising of the highlanders . sir , the marquess of argyle is returned to the highlands , being possessed with sundry jealousies and feares touching the present government of the commonwealth of england ; for , indeed , he hath declared , that he cannot give his assent for the incorporating the kingdom of scotland , with the commonwealth of england ; but holds himself bound in duty , whilest he hath any power ) to preserve the interest of the kirk , and to include a toleration for the discipline of that nation , as it was concluded , enacted , and agreed upon by the general assembly of divines ; and upon that account he was resolved to stand or fall : in pursuance whereof , he hath sent a summons to the lords and gentry in those parts ( a copy whereof , i have sent you here inclosed ) for them immediatly to make their personal appearance at candress , to consult and determine upon the weighty and emergent affaires of that nation ; for the defence and preservation of their religion , laws , and liberties . and accondingly on the fourth of this instant april , divers of the gentry met at the aforesaid place , where the marquess presented ▪ propositions , touching their fundamental laws and government , the presbyterian pro●ession , and the ●●iviledges of the people ; and after mature deliberatio● thereupon their consultation produced these results ▪ that they found them to be consonant to the word of god ( yet the voters aliens to religion ) and according to the solemn league and covenant , and therefore thought themselves bound in conscience , and duty to adhere therunto , and to give their condescensions for promoting thereof . whereupon the marquess desired their subscriptions , and unanimously they assented thereunto ; so that there is a new league and confederacy against the english ; by which means , an highland war is expected this summer ; in order whereunto , about redshanks are levyed , bei●g armed with bows and arrows , long skeines , cross-bows , darts , and other strange engines of war , ( yet nothing so sure , but that they are instruments for their own destruction ) and have made a spacious line along the river neer andress , with several half-moons , flankers , and sconces ; but want great canon exceedingly to plant : however , they are very active and busie in making of lether-guns of several sorts both great and small ; and are raising divers bulworks and fortifications at sundry passes , rivers , and foords , and are as busie , as so many rats in a barley-mow . they talk high , and say they will level us with the valleys , by stoning us from the rocks ; & think themselves as safe as so many thieves in a mill , because of their mountainous fortifications , having upon each rock , where there is any possibility to attempt a pa●●age , placed great heapes of stones and flints , to tumble down upon their heads , in case they should attempt to storm . these highlanders have lately made an attempt upon the low-lands , where they fell upon some of our out-quarters ; but the allarm being given , our men very opportunely came in , and soon expelled them ; killing twenty two , and took thirty four prisoners . we could not embrace the pursuit , by reason of the advantagiousness of the grounds for the enemy , yet notwithstanding upon the securing of the prisoners , we demanded what their principles were they fought for ; they answer'd . for god ▪ their dear lord marquess , and their gude king ; but seemed to be very passionate ; and truly i must ingenuously confess , they are a stout ( but heathenish ) generation . for their ministers are as crosse-grain'd as ever , and throw so many fire-balls at the government , that ( if possible , and permitted ) they will set all again in flames ; and great is their spleen against those of their own nation , that are satisfied in acting by commission , under the authority of england , or appear any wayes inclinable to an incorporation with it . so much , for their own ends , are they enemies to the good of their domineering hierarchy . if the yoke of the lords , lairds , and priests be once taken off , then they will be deprived of that wicked compliance , which was wont to be maintained betwixt themselves , as cruel taskmasters , both in spirituals and civils , for inslaving of the poor people . but now ( praised be god ) things work pretty well ; for , the scales begin to fall off from mens eyes , to a lothing of former vanities , insomuch that several kirks about aberdeen are faln off , and have deserted that presbytery , which gives a strong allarm to the rest of the clergy . it s reported , that the aforesaid marquesse of argyle hath fent a letter to the pretended king charles stuart , for a supply of arms and ammunition , wherein he assures him that he will be both loyal and faithful to the last minute , and that he hath now a new game to play , &c. indeed , we may probably conjecture , that he hath some notable design in hand , by reason of his confederacy and combination with the adverse party ; a cleer demonstration whereof , is apparently made evident by the ensuing summons . these are strictly to charge and require all lords and gentlemen whatsoever , that they forthwith make their appearance at candress , there to consult and determine upon such things as may tend to the honour of religion , the peace and welfare of this nation , the preservation of our liberties and freedoms , and the due observing of our ancient laws and customes , in kirk and state , against all those who shall endeavor the extirpation thereof . dalkeith april . . finis . to the kings most excellent maiesty. the humble answer and petition of the lords and commons assembled in parliament, to the kings last message, bearing date the fifth of september. . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the kings most excellent maiesty. the humble answer and petition of the lords and commons assembled in parliament, to the kings last message, bearing date the fifth of september. . england and wales. parliament. sheet ([ ] p.) printed for hugh perry, london : september , . in reply to his majesties gracious message to both houses of parliament, sent from nottingham . of august . (wing c ). as the king has not recalled his proclamation calling parliament traitiors they cannot recede. if the king will abandon his position and return to parliament, he will find a full expression of their fidelity and duty. there is no other way to make him happy and his kingdom safe. -- steele. reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . treason -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no to the kings most excellent maiesty. the humble petition of the lords and commons assembled in parliament, to the kings last message, bearin england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent maiesty . the humble answer and petition of the lords and commons assembled in parliament , to the kings last message , bearing date the fifth of september . . may it please your majesty . if we the lords and commons in parliament assembled , should repeat all the wayes wee have taken , the endeavours wee have used , and the expressions we have made unto your maiesty to prevent those distractions and dangers your maiesty speaks of , likely to fall upon this kingdome , we should too much enlarge this reply : therefore as we humbly , so shall we only let your maiesty know , that we cannot recede from our former answer , for the reasons therein expressed ; for that your maiesty hath not taken down your standard , recalled your proclamations and declarations , whereby you have declared the actions of both houses of parliament to be treasonable , and their persons traitors : and you have published this same since your message of the of august , by your late instructions sent to your commissioners of array : which standard being taken down , and the declarations , proclamations , and instructions recalled , if your maiesty shall then , upon this our humble petition , leaving your forces , returne unto your parliament , and receive their faithfull advice , your maiesty will finde such expressions of our fidelity and duties , as shall assure you that your safety , honour , and greatnesse can only bee found in the affections of your people , and the sincere counsels of your parliament , whose constant and undiscouraged endeavours and consultations have passed through difficulties unheard of , only to secure your kingdomes from the violent mischiefes and dangers now ready to fall upon them , and every part of them ; who deserve better of your majesty , and can never allow themselves ( representing likewise your whole kingdom ) to bee ballanced with those persons whose desperate dispositions and counsels prevayle still so to interrupt all our endeavours for the relieving of bleeding ireland , as wee may feare our labours and vast expences will be fruitlesse to that distressed kingdome . as your presence is thus desired by us , so is it in our hopes your maiesty will in your reason beleeve there is no other way than this to make your selfe happy , and your kingdomes safe . iohn browne cleric . parliament . london , printed for hugh perry , september . . the declaration of sir hardresse waller, major general of the parliaments forces in ireland, and the council of officers there hardress, waller, sir, ?- ?. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the declaration of sir hardresse waller, major general of the parliaments forces in ireland, and the council of officers there hardress, waller, sir, ?- ?. england and wales. army. sheet ([ ] p.) printed by william bladen, by special order ; and reprinted at london by john macock, dublin : [london] : . [i.e. ] dated and signed at end: dated at dublin-castle, the . of december; . har. waller. on the duty of thankfulness to god "for the late dispensations of his gracious appearances;" and appointing the following tuesday a day of public thanksgiving. annotation on thomason copy: "jan: ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . public worship -- ireland -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . ireland -- history -- - -- early works to . a r (thomason .f. [ ]). civilwar no the declaration of sir hardresse waller, major general of the parliaments forces in ireland, and the council of officers there. hardress, waller, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of sir hardresse waller , major general of the parliaments forces in ireland , and the council of officers there . the signal turns of gods hand challenge of right our signal observation and improvement , that we may express in 〈◊〉 ●eart and life , the due counterpane of his various dealings . providence hath of late wrought wonders of mercy , as in these nations , so particularly in this city and throughout this land . the lord hath remembred us in our low estate , because his mercy endures for ever . who is so great a stranger in our israel , that observed not the dreadfull symptoms of threatned ruine to our religion , and all our liberties sacred and civil ? hath not god saved us with a notwithstanding , by the late dispensations of his gracious appearances in our greatest straights and perplexities ? were not the mountains of sinfull provocations and strong oppositions raised up to their height , to obstruct the great work of reformation , so happily begun , and so solemnly engaged for among us ? had not the romish emissaries and ingeneers of darkness prevailed far , to divide and distract , to delude and destroy us ? were not the hopes of our common enemy exceedingly raised up , gaping for the confusion and dissolution of christs interest and people in these nations ? had not the powers and policies of hell prevailed far , and laid the very necks of magistracy and ministry upon the block of direfull anarchy and arbitrary rule ? were not all foundations religious and politick so put out of course , in all relations , as to threaten eminent ruine both to church and state ? which ordinance of god was not slighted , opposed , maligned and scorned by specious pretences and strong delusions ? were not gods own people very deeply guilty of apostacie and hypocrisie , of unfaithfulness and breach of covenant in all relations ? were we not all ready to devour one another by sinfull mistakes and wofull miscarriages , whilst our ill neighbours were laughing at us , and combining against us ? did not unclean spirits range and rage among us , possessing many , foaming out their shame , torturing souls and all societies with deadly convulsions ? were not our distempers , personal and publick , grown so inveterate , so complicate , & so multiplicious , that our best physicians could do little else then pity & bewail our expiring liberties ? was not the name of christ , and whatsoever is dear unto his people , ready to be made the scorn and prey of our ill neighbours ? were we not hastning to the sad catastrophe of the german tragedy , and munsters desolations , procured by the like fanatick spirits , which then obstructed reformation work ? what cause then have we to admire the miraculous patience and bounty of our god , that have made us now the living monuments of undeserved mercy ? should not we adore and celebrate that good-will of his , who dwelling in this bush , hath thus prevented the consumption thereof ? he that is our god , now appears indeed to be the god of all salvations , to whom belong all issues from death . he hath delivered , he doth deliver , in him we hope that he will still deliver . thankfulness to him , verbal & actual , cordial and constant , will be the best preserver of mercy , and improver thereof . the choice circumstantials of this salvation , are so many , and so remarkable , that the sense thereof cannot but engage and inflame our hearts to the highest expressions of gratitude and praise . that such a god , so highly provoked , should shew such favor , to such an unworthy people , in such a season , and by such means , in such a manner , and to such an end , this indeed is the wonder of mercies , the complex and complement of free-grace . that so great a change should be brought about with so little noise , so little bloud , so little opposition , and so hopefully ; is not this a miracle of mercy ? this day of small things should not then be despised , being the lords doing , so marvellous in our eies . though our redemption be not yet perfected , yet do we see cause abundantly to provoke all christs friends to solemn acknowledgments . should not they praise him , that have been seeking him ? do not the signal returns of his mercy challenge proportionable returns of our duty ? is not this the best way to assure and increase , to improve and hasten the blessings promised and begun ? doth he not command and commend such a course ? hath it not been his own and his peoples method in all former ages ? have not we received notable experiences ever since the begining of our famous parliament , to direct and strengthen us thereto ? doth not the posture of gods reforming people , so signally foretold rev. . challenge this from us ? those very persons who have been unhappily seduced into snares and illegal engagements against the supreme authority , may in this great turn , find sufficient ground of blessing the lord , that they have been stopt in such a career , posting to confusion . to be thus kept from sin and ruine will be then known and acknowledged for a singular mercy ; when the lord shall please to remove prejudice and pre-ingagements . that all gods people in this city and throughout ireland may orderly concurr in all humble return of praise to our good god , on this account ; it is therefore seriously recommended and desired , that tuesday next , being the . of january , be set apart and solemnly observed as a day of publick thanks-giving within the city and liberties of dublin ; and the tuesday fortnight , next after it , being the . of january , to be likewise observed for a solemn thanks-giving throughout all the parts of this nation ; and the several ministers of the gospel in their respective places are desired to give publick notice thereof , on the first lords day after the receipt hereof . dated at dublin-castle , the . of december ; . har. waller . dublin , printed by william blader , by special order : and reprinted at london by john macock . . the history of the parliament of england, which began november the third, mdcxl with a short and necessary view of some precedent yeares / written by thomas may, esquire ... may, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the history of the parliament of england, which began november the third, mdcxl with a short and necessary view of some precedent yeares / written by thomas may, esquire ... may, thomas, - . pts. ([ ], , , p.) by moses bell for george thomason ..., imprinted at london : . "published by authority" title page vignette. reproduction of original in library of congress. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- history. great britain -- history -- civil war, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - allison liefer text and markup reviewed and edited - pfs batch review (qc) and xml conversion i have read over the first part of this history , contained in three books , an impartiall truth ; and judge it fit for publike view by the printing . jo. langley . may . . the history of the parliament of england : which began november the third , m.dc.xl . with a short and necessary view of some precedent yeares . written by thomas may esquire , secretary for the parliament . published by authority . tempora mutantur . mutantur homines . veritas eadem manet . imprinted at london by moses bell , for george thomason , at the signe of the rose and crown in st. pauls church yard , m. dc.xl.vii . the preface . the use of history , and the just rules for composure of it , have been so well and fully described heretofore by judicious writers , that it were lost labour , and a needlesse extention of the present work , to insist by way of introduction , upon either of them . i could rather wish my abilities were such , as that the reader , to whose judgement it is left , might finde those rules observed in the narration it self , then told him in the preface by a vaine anticipation . i will only professe to follow that one rule , truth , to which all the rest ( like the rest of morall vertues to that of justice ) may be reduced , against which there are many waies , besides plaine falshood , whereby a writer may offend . some historians , who seeme to abhorre direct falshood , have notwithstanding dressed truth in such improper vestments , as if they brought her forth to act the same part that falshood would ; and taught her by rhetoricall disguises , partiall concealements , and invective expressions , instead of informing , to seduce a reader , and carry the judgement of posterity after that byas which themselves have made . it was the opinion of a learned bishop of england , not long ago deceased , that cardinall baronius his annals did more wound the protestant cause , then the controversies of bellarmine : and it may well be true . for against the unexpected stroke of partiall history the ward is not so ready , as against that polemike writing , where hostility is professed with open face . this fault i have indeavoured to avoid : but it is my misfortune to undertake such a subject , in which to avoid partiality , is not very easie : but to escape the suspition or censure of it , is almost impossible for the cleerest integrity that ever wrote . others , i suppose , will handle this theame ; and because that none , perchance , may perfectly please , i shall , in the behalfe of all , intreat a reader , that in his censure he would deale with the writings of men , as with mankinde it selfe , to call that the best , which is least bad . the subject of this work is a civill war , a war indeed as much more then civill , and as full of miracle , both in the causes and effects of it , as was ever observed in any age ; a warre as cruell as unnaturall ; that has produced as much rage of swords , as much bitternesse of pens , both publike and private , as was ever knowne ; and divided the understandings of men , as well as their affections , in so high a degree , that scarce could any vertue gaine due applause , any reason give satisfaction , or any relation obtaine credit , unlesse amongst men of the same side . it were therefore a presumptuous madnesse , to think that this poore and weake discourse , which can deserve no applause from either side , should obtaine from both so much as pardon ; or that they should here meet in censure , which in nothing else have concurred . i cannot therefore be so stupid , as not at all to be sensible of the taske imposed on me , or the great envy which attends it ; which other men who have written histories , upon farre lesse occasion have discoursed of at large in their prefaces . and tacitus himselfe , complaining of those ill times which were the unhappy subject of his annals , though he wrote not in the time of the same princes , under whom those things were acted ; yet because the families of many men , who had then been ignominious , were yet in being , could not but discourse how much happier those writers were , who had taken more ancient and prosperous times for their argument ; such as he there expresses , in which the great and glorious actions of the old romans , their honourable atchievements , and exemplary vertues are recorded . and i could have wished more then my life ( being my self inconsiderable ) that for the publike sake , my theame could rather have been the prosperity of these nations , the honour and happinesse of this king , and such a blessed condition of both , as might have reached all the ends , for which government was first ordained in the world : then the description of shipwracks , ruines , and desolations . yet these things truly recorded and observed , may be of good use , and benefit posterity in divers kinds . for though the present actions , or rather sufferings of these ( once happy ) nations , are of so high a marke and consideration , as might , perchance , throw themselves into the knowledge of posterity by tradition , and the weight of their owne fame : yet it may much conduce to the benefit of that knowledge , to have the true causes , originall , and growth of them represented by an honnest pen. for the truth of this plaine and naked discourse , which is here presented to the publike view , containing a briefe narration of those distractions which have fallen amongst us , during the sitting of this present parliament ; as also some passages , and visible actions of the former government ( whether probably conducing to these present calamities or not , of which let the reader judge ) i appeale only to the memory of any english man , whose yeares have been enow to make him know the actions that were done ; and whose conversation has been enough publike , to let him heare the common voice , and discourses of people upon those actions , to his memory i say , do i appeale , whether such actions were not done , and such judgements made upon them , as are here related . in which perchance some readers may be put in minde of their owne thoughts heretofore ; which thoughts have since , like nebuchadnezzars dreame , departed from them . an english gentleman , who went to travell when this parliament was called , and returned when these differences were growne among us , hearing what discourses were daily made , affirmed , that the parliament of england ( in his opinion ) was more mis-understood in england then at rome ; and that there was greater need to remember our own countrymen , then to informe strangers of what was past ; so much ( said he ) have they seemed to forget the things themselves , and their own nations concerning them . but where warre continues , people are inforced to make their residence in severall quarters , and therefore severall , according to the places where they converse , must their information be concerning the condition and state of things . from whence arises not onely a variety , but a great discrepancy for the most part in the writings of those who record the passages of such times . and therefore it has seldome happened , but that in such times of calamity and warre , historians have much dissented from each other . franciscus haraeus compiled annals of the bloody and fierce warres in the netherlands , when some of those provinces fell from the obedience of philip the second , king of spaine : which businesse he relates in such a way , as must in probability lead a reader to believe that the king and his officers were altogether innocent , and the people of those countries the only causers of their own calamity . meteranus wrote the history of those very times ; which who so reads , must needs make a contrary censure concerning the occasion of that warre . the like discrepancy hath been found in historians of all ages and nations , and therefore not to be much wondred at , if it now happen . but that which of all other is most likely to be differently related ( because informations will not agree in such a distance ) is concerning the actions of warre and souldiery ; and in the time of this warre it is a thing of extreme difficulty ( i might say of impossibility ) for those of one party to be truly informed of all the councels , or the very performances and actions of commanders and souldiers on the other side . how much valour the english nation on both sides have been guilty of in this unnaturall warre , the world must needs know in the generall fame . but for particulars , how much worth , vertue , and courage , some particular lords , gentlemen , and others have shewed , unlesse both sides do write , will never perfectly be known . my residence hath bin , during these wars , in the quarters , and under the protection of the parliament ; and whatsoever is briefly related of the souldiery , being toward the end of this book , is according to that light which i discerned there . for whatsoever i have missed concerning the other party , i can make no other apology then such as meteranus ( whom i named before ) doth in the preface to his history , de belguis tumultibus . whose words are thus : quòd plura de reformatorum , & patriae defensorum , quàm de partis adversaere . bus gestis exposuerìm ; mirum haudquaquam est , quoniam plus commercii , & familiaritatis mihi cum ipsis , & major indagandi , opportunitas furt . si pars adversaidem tali probitate praestiterit , & ediderit ; posteritas gesta omnia legere , & liquido cognoscere magno cum fructu poterit . in like manner may i averre , that if in this discourse more particulars are set down , concerning the actions of those men who defended the parliament , then of them that warred against it ; it was because my conversation gave me more light on that side ; to whom , as i have indeavoured to give no more then what is due , so i have cast no blemishes on the other ; nor bestowed any more characters , then what the truth of story must require . if those that write on the other side will use the same candour , there is no feare but that posterity may receive a full information concerning the unhappy distractions of these kingdoms . this i must adde , that to inform the world of the right nature , causes , and growth of these distractions , it will require that the discourse begin from precedent times ; which i shall indeavour to deduce down to the present with as much brevity , as the necessity of unfolding truth can possibly admit . neither is it needful to begin the story from times of any great distance ; or to mention the government of our most ancient princes ; but from that prince ( fresh in the memory of some yet living ) who first established the reformed religion in this kingdome , and according to that , 〈◊〉 a new interest in the state ; which was most behoofefull and requisite for her successors to follow , and much conducing , besides the glory of almighty god , to their own honour , power , and greatnesse . the contents . book i. chap. i. wherein is a short mention of queene elizabeth , king james , and the beginning of king charles his reign his two first parliaments . of the war with spaine and france . the death of the duke of buckingham . and the third parliament of king charles . chap. ii. a briefe relation of some grievances of the kingdome . the various opinions of men concerning the present government . the condition of the court and clergy of england . some observations of a stranger , concerning the religion of the english people . chap. iii. the condition of the scottish state and clergy , when the new booke of lyturgy was sent unto them ; how it was received ; with some effects which followed . the kings proclamation sent by the earle of traquare ; against which the lords make a protestation . chap. iv. the scots enter into a covenant . the marquesse hamilton is sent thither from the king. a nationall synod is granted to them , but dissolved within few daies by the marquesse , as commissioner from the king. the king declares against the covenanters , and raises an army to subdue them . chap. v. the 〈◊〉 of the english people from this warre with scotland 〈◊〉 king advanceth to yorke with his army . the prepa●●●● 〈◊〉 the scottish covenanters . a pacification is made , and 〈◊〉 armies disbanded . another preparation for warre with ●●●●land . a parliament called to begin in england on the of 〈◊〉 . the parliament of scotland is broken off by command of 〈◊〉 to the earle of traquare . chap. vi. the parliament beginneth in england , but is soone dissolved . the clergy continue their convocation . the scots enter into england . some passages of the war. a parliament is called to begin on the third of november . a truce between the armies for two moneths . chap. vii . the beginning of the english parliament . grievances examined . sufferers relieved . delinquents questioned . the archbishop of canterbury committed to the tower. the flight of secretary windebanke , and of the lord keeper finch . chap. viii . the tryall and death of the earle of strafford . conspiracies detected during the agitation of it . an act for continuance of this present parliament . with a mention of that grant of the trienniall parliament in february before . chap. ix . allowance of money from the english parliament to the scots . the vast charge of disbanding the two armies . the great taxations for that purpose , and the manner of poll money . the people take a protestation . an act for putting down the high commission court , and starre-chamber ; with other occurrences of that time . the queene mother departeth england . the king goeth into scotland . book ii. chap. i. a standing committee during the recesse of both houses of parliament . the rebellion of the irish ; and massacre of the ●testants there . some indeavours of the english parliament 〈◊〉 relief of that kingdom . chap. ii. the king returneth out of scotland , and is pompoushly entertained by the city of london . the remonstrance is published by the parliament . the king entreth into the house of commons . the 〈◊〉 of the . bishops ; and how it was censured by the lords and commons . divers unhappy obstructions of the relief of ireland . chap. iii. the queen passeth into holland , with her daughter the princesse mary . difference between the king and parliament concerning the militia . the king goeth toward york , and is followed with a petition from the lords and commons to theobalds , and another declaration to newmarket . the king is denyed entrance into hull by sir john hotham . chap. iv. many members of both houses leave the parliament , and repaire to the king. nine of the lords who first went away , are impeached by the commons , and censured by the peers . the great seal is carried away from london to york . some votes of parliament concerning the kings proceedings . a petition , with nineteen propositions , sent from the parliament to the king. chap. v. an order for bringing in of plate and money into guild-hall . the kings declaration to the lords about him . their profession and protestation to him . the king layeth siege to hull ; but raiseth it again . the earl of warwick taketh possession of the navy , as lord admirall . the earl of essex is voted in parliament to be lord generall of all their forces . chap. vi. a brief relation of the condition of divers counties in england , when the parliaments ordinance for the militia , and the kings commission of array were put in execution . with a mention of some lords and otherswho were actors on either side . the lord mayor of london committed to the tower , and sentenced by the parliament . a mention of some declarations , messages , and answers that passed between the king and the two houses of parliament . book iii. chap. i. prince rupert and prince maurice arrive in england . the earl of essex taking leave of the parliament , goeth to his command . the king increaseth in strength at shrewsbury . a skirmish at worcester . the great battell of keynton is fought . chap. ii. the parliament send to the king concerning an accommodation . a fight at brainford . another treaty with the king begun , and broken of . reading besieged by the lord generall essex , and surrendred to him . a conspiracy to betray bristoll . a treacherous plot against the parliament and city of london , discovered and prevented . chap. iii. matters of state trans-acted in parliament , touching the assembly of divines . the making of a new great seale . impeaching the queen of high treason , and other things . the lord generall essex , after some marches , returneth to quarter his wasted and sick army about kingston . the kings forces masters of the west . the earl of newcastle , his greatnesse in the north. some mention of the earle of cumberland , and the lord fairfax . chap. iv. some actions of sir thomas fairfax in the north. the queen lands in england . the revolt of sir hugh cholmley , and the two hothams . the state of this warre in the westerne parts . the condition of the associated counties . a short relation of sir william waller his actions ; of colonell cromwell , sir william brereton , and sir john gell. chap. v. the death of the lord brooke , and of the earle of northampton . a short mention of some actions in divers counties . the low condition of the parliament at that time . the siege of gloucester . chap. vi. the expedition of the lord generall essex for reliefe of gloucester . the great battell of newbury described . the history of the parliament of england . chap. i. wherein is a short mention of queene elizabeth , king james , and the beginning of king charles his reigne ; his two first parliaments . of the warre with spaine and france . the death of the duke of buckingham . and the third parliament of king charles . queene elizabeth , of glorious memory , together with that great stock of wealth and honour , which her prudent and just government had brought to the english nation , had enriched them besides with a greater treasure ( which we may justly account the cause of all the rest ) religion reformed from popish superstition . that reformation engaged the queene in a new interest of state , to side with the protestants against those potent monarchs of the other religion , which seemed at the beginning as much danger and disadvantage to her , as it proved in conclusion security and honour ; so impossible it is for any disadvantage to prevaile over them that helpe the lord against the mighty . that storme from france , which so much threatned the weake beginnings of her reigne , was suddenly blowne over by the death of henry the second , and some few moneths after of his sonne francis , who had married the queene of scotland ; the danger which remained greatest was from spaine , where philip the second then reigned , a prince not greater in dominion , treasure , and armies , then deeply engaged against the protestant religion , by the instigation and assistance of the jesuites , an order , which in the age before had beene highly counrenanced by pope paul the third , in opposition to the gospell-doctrine , that then began to spread apace in germany , and other parts . the whole order of iesuites ( as endeavouring to set up one temporall kingdome of christendome , suitable to the papall hierarchy ) applyed their service altogether to the monarchy of spaine , as being then far the greatest in europe ( and fittest for their purpose ) by the late uniting of so many kingdomes and dutchies under the person of charles the emperour , who by a fortunate birthright inherited , together with casule , and arragon , and all the great acquisitions of his grandfather ferdinand in italy , and the west indies , the rich and usefull patrimony of his father philip , burgundy , and the netherlands ; all these he had left intirely to his sonne philip , who to so large a territory , had made that strong addition of the kingdome of portugall , and might seeme an enemy too mighty for england and all the protestants of europe to oppose . but queene elizabeth had woven the interest of her own state so inseparably into the cause of religion it selfe , that it was hard to overthrow one without the ruine of the other . and god , who had given her so much grace and courage as to rely wholly upon him , did with that almighty hand , not onely hold her up from sinking , but lift her above the heads of all her enemies . by what degrees and means she atchieved the great actions of her reigne , and brought so much prosperity to her nation , it is not the scope of this discourse to relate at large ( for her history is not the worke in hand ) but only in briefe to declare that before her death she was the happy instrument of god to promote the protestant religion in all parts . she curbed the spanish greatnesse by supporting france from ruine , to give some balance to the other , as she preserved scotland from being swallowed up by the french before . she protected the hollanders against him , vanquished his armies both by land and sea , with many other such things as might seeme too much to be the atchievements of one reigne . and last of all , she reduced ireland wholly to obedience , notwithstanding all the subtill machinations of spain , and open assistance given in armes to her irish rebels . all which she accomplished by the justice and prudence of her government , by making the right use of her subjects hearts , hands and purses in a parliamentary way ; as also securing her own kingdome by strengthning the hands of protestants abroad ; insomuch as she stood at last above the reach of any enemy by open warre ; and protected by god , though often attempted by domestick treasons and assasinations , till in the end she died in a good old age , leaving to her successor king james the kingdom of england in an happier condition then ever it was ; the kingdome of ireland wholly subdued and reduced , to reap for himselfe the harvest of all her labour and expence ; and nothing to do for it , but to propagate the true faith in that kingdome , which she prevented by death could not performe ; and was , in probability , an easie taske for king james at that time ; much conducing , besides the honour of god , to his owne temporall strength and greatnesse , if he had onely gone fairely on in that way which queene elizabeth had made plaine for him . the prosperity of england seemed then at the height or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and it pleases god that states many times shall decline from their happinesse without any apparent signes to us , or reasons that we can give , as a heathen complaines : oh faciles dare summa deos , eademque tueri difficiles ? lucan . how easie are the gods to raise states high , but not to keepe them so ? these things have made some high-reaching writers impute the raising and declination of kingdomes and common-wealths to certaine aspects of heavenly constellations , to conjunctions , and oppositions of planets , and various ecclipses of celestiall luminaries ; others , to an hidden strength , and secret efficacy of numbers themselves ; and most men to the perpetuall rotation of fortune : but the judgements of god in those things are past our finding out , and they are too wise , who are not content sometimes to wonder . for king james , the successour to queene elizabeth , was a wise and learned prince , of disposition mercifull and gracious , excellently grounded in that religion which he professed , as the world may finde by his extant writings ; a prince of whom england conceived wonderfull hope , and received with great joy and triumph ; but he did not beginne where his predecessor left , proceeding rather in a contrary way ; what the reasons of it were , i will not at all presume to deliver my opinion , though some have beene bold to write and publish of late yeeres , that it was feare for his own person , that made him to temporize with rome , considering the boldnesse of jesuiticall assasines : others more candidly conceived it might be his great desire of peace and union with other princes , though he might erre in the meanes of attaining that end ; for he was by nature a great seeker of peace , and abhorrer of bloodshed , according to that motto which he ever used , beati pacifici . i cannot search into mens thoughts , but onely relate the actions which appeared . king james , at the beginning of his reigne , made a peace with spaine , which was brought very low by queene elizabeth , and had beene neerer to ruine in all probability , had she lived a few yeares longer ; the estates of the united provinces of the netherlands , those usefull confederates to england , began to be despised by the english court , under a vaine shadow in stead of a reason , that they were an ill example for a monarch to cherish . then began secret treaties to passe betwixt rome and the court of england ; care to be taken about reconciliation of religions ; the rigour of penall lawes against the papists ( notwithstanding that odious plot of the gunpowder treason ) was abated ; the pompe of prelacy , and multitude of ceremonies , encreased daily in the church of england , and according to that were all civill affaires managed both at home and abroad . neither was it easie for the king to turne himselfe out of that way , when he was once entred into it ; so that at last the papists began by degrees to be admitted neerer to him in service and conversation . exceeding desirous he then was to match the prince his sonne to the infanta of spaine , about which many and long treaties passed , wherein not onely the spaniard , but the pope , made many present advantages of the kings earnest desires , and many waies deluded him , as it appeared plainely by his owne letters to his ambassadours there , since found and published . thus was the king by degrees brought , not onely to forsake , but to oppose his owne interest both in civill and religious affaires , which was most unhappily seene in that cause ( as the duke of rohan observed , ) wherein , besides the interest of all protestants , and the honour of his nation , the estate and livelihood of his owne children were at the height concerned , the palatinate businesse . from hence slowed a farther mischiefe ; for the king being loath perchance that the whole people should take notice of those waies in which he trod , grew extremely dis-affected to parliaments , calling them for nothing but to supply his expences , dissolving them when they began to meddle with state affaires , and divers times imprisoning the members for speeches made in parliament , against the fundamentall priviledges of that high court. parliaments being thus despised and abused , projects against the lawes were found out to supply the kings expences , which were not small ; and the king ( whether to avoid the envy of those things , or the trouble of them ) did in a manner put off all businesse of government from himselfe into the hands of a young favourite , the duke of buckingham , whom he had raised from a knights fourth sonne , to that great height , and entrusted with the chiefe offices of the kingdome ; besides the great power which he had by that extraordinary favour of confering all places and preferments both in church and state. this duke , not long before the death of king james , was growne into extraordinary favour and intirenesse with the prince , whom he afterward swayed no lesse then he had before his father ; like an unhappy vapour exhaled from the earth to so great an height , as to cloud not only the rising , but the setting sunne . king charles , with great hopes and expectation of the people , and no lesse high expressions of love and duty from all in generall , began his reigne on the of march , . and indeed that love which the people bare to his person , had been before testified , whilest he was yet prince , at his returne from spaine , though the journey it selfe had not beene pleasing to the kingdome ; for when the people saw him arrived in safety , there needed no publike edict for thanksgiving or joy ; every society and private family ( as if the hearts of all had beene in one ) did voluntarily assemble themselves together , praising god , with singing of psalmes , with joyfull feasting , and charity to the poore ; insomuch that i suppose the like consent , without any interposing authority , hath not been often knowne . the same affections followed him to his throne ; the same hopes and faire presages of his future government , whilest they considered the temperance of his youth , how cleare he had lived from personall vice , being growne to the age of . how untainted of those licentious extravagances , which unto that age and fo●tune are not only incident , but almost thought excusable . but some men suspended their hopes , as doubting what to finde of a prince so much and so long reserved ; for he had never declared himselfe of any faction , or scarse interposed in any state affaires , though some things had been managed in his fathers reigne , with much detriment to his owne present and future fortunes . yet that by the people in generall was well censured , as an effect of his piety and obedience to the king his father , and happy presages gathered from it , that so good an obeyer would prove a just ruler . they wondered also to see him suddenly linked in such an intire friendship with the duke of buckingham ; for extraordinary favourites do usually eclipse and much depresse the heire apparent of a crowne , or else they are conceived so to do ; and upon that reason hated , and ruined by the succeeding prince ; in which kinde all ancient and moderne stories are full of examples . in the beginning of king charles his reigne , a parliament was called , and adjourned to oxford , the plague raging extremely at london , where the duke of buckingham was highly questioned , but by the king ( not without the griefe and sad presage of many people , that private affections would too much prevaile in him against the publike ) he was protected against the parliament , which for that onely purpose was dissolved , after two subsidies had been given , and before the kingdome received reliefe in any one grievance ; as is expressed in the first and generall remonstrance of this present parliament , where many other unhappy passages of those times are briefly touched ; as that the king , immediately after the dissolution of that parliament , contrived a warre against spaine , in which the designe was unhappily laid , and contrary to the advice which at that time had been given by wise men , who perswaded him to invade the west indies ; a way , no doubt , farre more easie and hopefull for england to prevaile against spaine then any other : instead of that , the king with great expence of treasure , raised an army and fleet to assault cales , the duke of buckingham bearing the title both of admirall and generall , though he went not himselfe in person ; but the matter was so ordered , that the expedition proved altogether successelesse , and as dishonourable as expensive . they complained likewise of another designe ( which indeed was much lamented by the people of england in generall ) about that time put in practice , a thing destructive to the highest interest of the nation , the maintenance of protestant religion ; a fleet of english ships were set forth , and delivered over to the french , by whose strength all the sea forces of rochell were scattered and destroyed , a losse to them irrecoverable , and the first step to their ruine . neither was this loane of ships from england ( for such was the peoples complaint and suspition against those , who at that time stood at the helme ) supposed to proceed so much from friendship to the state of france , as from designe against religion ; for immediately upon it , the king , by what advice the people understood not , made a breach with france , by taking their ships , to a great value , without making any recompence to the english , whose goods were thereupon imbarr'd , and confiscate in that kingdome . in revenge of this , a brave army was raised in england , and commanded by the duke of buckingham in person , who landing at the isle of rhea , was at the first encounter victorious against the french ; but after few moneths stay there , the matter was so unhappily carried , the generall being unexperienced in warlike affaires , that the french prevailed , and gave a great defeat , where many gallant gentlemen lost their lives , and the nation much of their ancient honour . from thence proceeded another step to the ruine of rochell ; the sick and wounded english were sent into that city , and relieved by the besieged rochellers , out of that little provision which they then had , upon faithfull promise of supplies from england in the same kinde : the provisions of rochell were little enough for their owne reliefe at that time , if we consider what ability the french king had to continue that siege ; when to the proper wealth and greatnesse of his crowne , was added that reputation and strength , which his late successe against all the other protestant garrisons in france had brought . the besieged rochellers , not doubting at all of the due and necessary supply of victuall from england , sent their ships thither for that purpose ; but those ships , whose returne with bread was so earnestly expected , were stayed in england by an imbargo ; and so long stayed , till that unhappy towne was enforced to yeeld by famine , the sharpest of all enemies . but in the meane time , whilest these ships with victuall were detained , a great army was raised in england for reliefe of rochell , but too great was the delay of those preparations , till time was past , and that army in the end disbanded by the sad death of the duke of buckingham their generall , who was stabbed at portsmouth by a private gentleman , john felton . this felton was a souldier of a low stature , and no promising aspect ; of disposition serious , and melancholly , but religious in the whole course of his life and conversation ; which last i do not mention out of purpose to countenance his unlawfull act , as supposing him to have had ( as some did then talke ) any inspiration or calling of god to it : his confessions to his friends , both publike and private , were , that he had often secret motions to that purpose , which he had resisted and prayed against , and had almost overcome , untill he was at last confirmed in it , by reading the late dissolved parliaments remonstrance against the duke : that then his conscience told him it was just and laudable , to be the executioner of that man , whom the highest court of judicature , the representative body of the kingdome , had condemned as a traytor . but let posterity censure it as they please ; certain it is , that felton did much repent him of the unlawfulnesse of the fact , out of no feare of death , or punishment here , for he wished his hand cut off before the execution , which his jugdes could not doome by the lawes of england . the king had not long before broken off another parliament , called in the second yeare of his reigne , in which the petition of right was granted , to the great rejoycing of the people . but it proved immediately to be no reliefe at all to them ; for the parliament presently dissolved , the king acted over the same things , which formerly he had done ; and that grant , instead of fortifying the kingdomes liberty , made it appeare to be more defencelesse then before , that lawes themselves were no barre against the kings will. the parliament in hope of gracious acts , had declared an intent to give his majesty five subsidies , the full proportion of which five subsidies was , after the dissolution of that parliament , exacted by commission of loane from the people , and those imprisoned which refused the payment of that loane : great summes of money were required and raised by privy scales : a commission for squeezing the subject by way of excize : souldiers were billited upon them : and a designe laid to inslave the nation by a force of german horse : with many other things of that nature . those affaires of state which concerned con●ederates abroad , had been managed with as much disadvantage , and infelicity to them , as dishonour to the english nation , and prejudice to the cause of religion it selfe . peace was made with spaine without consent of parliament ; by which all hope was utterly lost , of re-establishing the kings neerest kinred in their just dominion ; and the protestant religion much weakened in germany . what counsells had then influence upon the court of england , might be the amazement of a wise man to consider ; and the plaine truth must needs seeme a paradox to posterity ; as that the protestant religion , both at home and abroad , should suffer much by the government of two kings ; of whom the former in his own person wrote more learnedly in defence of it ; and the latter in his owne person lived more conformably to the rules of it , then any of their contemporary princes in europe . but the civill affaires of state were too ill managed , to protect , or at least to propagate true religion ; or else the neglect of religion was the cause that civill affaires were blessed with no more honour and prosperity . the right waies of queen elizabeth , who advanced both , had been long ago forsaken , and the deviation grew daily farther , and more fatall to the kingdom . which appeared in a direct contrariety to all particulars of her reigne . titles of honour were made more honourable by her , in being conferred sparingly , and therefore probably upon great desert , which afterwards were become of lesse esteem , by being not onely too frequently conferred , but put to open sale , and made too often the purchase of mechannicks , or the reward of vitious persons . at the death of that duke , the people were possessed with an unusuall joy , which they openly testified by such expressions , as indeed were not thought fit nor decent by wise men , upon so tragicall and sad an accident , which in a christian consideration might move compassion , whatsoever the offences of the man were . to such people that distick of seneca might give answer : res est sacra miser ; noli mea tangere fata : sacrilegae bustis abstinuere manus . sacred is woe ; touch not my death with scorne : even sacrilegious hands have tombs forborne . and it may be that god was offended at the excesse of their joy , in that he quickly let them see , the benefit was not so great to them as they expected by it ; but his judgements are too high for men to search . true it is , that the people in generall loving the kings person , and very unwilling to harbour the least opinion of ill in him , looked upon the duke , as the onely hinderance of the kingdomes happinesse ; supposing , that though other statesmen might afterwards arise , of as bad or worse intentions , then the duke ; yet none would have so great a power for execution of them ; nor any other genius be ever found , to have so great a mastery over the kings genius . but it is certaine , that men did much therefore rejoyce at the death of this duke , because they did before much feare what mischiefe might befall a kingdome , where that man , who knew himselfe extreamly hated by the people , had all the keyes of the kingdome in his hand , as being lord admirall and warden of the cinque-ports ; having the command of all the souldiers , and the onely power to reward and raise them . these joyes and hopes of men lasted not long , for in the same yeer ( being the fourth of king charles ) and after the death of the duke of buckingham , another parliament was dissolved ; and then the priviledges of that high court more broken then ever before . six members of the house of commons , who had been forward in vindicating the priviledges of parliament , were committed close prisoners for many moneths together , without the liberty of using books , pen , inke and paper , while they were detained in this condition ; and not admitted bayle according to law : they were also vexed with informations in inferiour courts ; where they were sentenced , and fined for matters done in parliament ; and the payment of such fines extorted from them . some were enforced to put in security of good behaviour , before they could be released : the rest who refused to be bound , were detained divers yeares after in custody , of whom one sir john elliot , a gentleman of able parts , that had been forwardest in expression of himselfe , for the freedome of his country , and taxing the unjust actions of the duke of buckingham , while that duke lived ( though the truth be , that the 〈◊〉 of his were no other then what carried 〈◊〉 consent in them ) dyed by the harshnesse of his imprisonment , which would admit of no relaxation , though for healths sake ; he petitioned for it often , and his physitian gave in testimony to the same purpose . the freedome that sir john e●●ot used in parliament , was by the people in generall applauded , though much taxed by the courtiers , and censur'd by some of a more politike reserve ( considering the times ) in that kind that tacitus censures thraseas poetus , as thinking such freedom a needlesse , and therefore a foolish thing , where no cure could be hoped by it . sibi periculum , nec aliis libertatem . after the breaking off this parliament ( as the historian speaketh of roman liberty , after the battell of philippi , nunquam post hoc praelium , &c. ) the people of england for many years never looked back to their ancient liberty . a declaration was published by the king , wherein aspertions were laid upon some members ; but indeed the court of parliament it selfe was declared against . all which the dejected people were forced to read with patience , and allow against the dictate of their own reason . the people of england from that time were deprived of the hope of parliaments ; and all things so managed by publike officers , as if never such a day of account were to come . i shall for methods sake first of all make a short enumeration of some of the chiefe grievances of the subjects , which shall be truly and plainly related ; as likewise some vices of the nation in generall , that the reader may the better judge of the causes of succeeding troubles , during the space of seven or eight yeares after the dissolution of that parliament , and then give some account concerning the severall dispositions of the people of england , and their different censures of the kings government during those years ; touching by th●●●●●mewhat of 〈◊〉 manners and customs of the 〈◊〉 england , and then briefly of the condition of ecclesiasticall affaires , and the censures of men concerning that . chap. ii. a briefe relation of some grievances of the kingdome . the various opinions of men concerning the present government . the condition of the court and clergy of england . some observations of a stranger , concerning the religion of the english people . it cannot but be thought , by all wise and honest men , that the sinnes of england were at a great height , that the injustice of governours , and vices of private men , were very great ; which have ●●nce called downe from almighty god so sharpe a judgement ; and drawne on by degrees so calamitous and consuming a warre . those particular crimes an english historian can take no pleasure to relate , but might rather desire to be silent in , and say with statius : — nos certe taceamus , & obruta multa nocte ●egi nostrae patiamur crimina gentis . let us be silent , and from after times conceale our own unhappy nations crimes . but to be silent in that , were great injustice and impiety toward god , to relate his judgements upon a kingdome ; and forget the sinnes of that kingdom , which were the cause of them . the heathen historians do well instruct us in that point of piety ; who never almost describe any civill warre , or publike affliction , without relating at the beginning , how vitious and corrupted their state was at that time grown , how faulty both the rulers and people were , and how fit to be punished , either by themselves or others . nor doe any of the roman poets undertake to write of that great and miserable civill warre , which destroyed the present state , and enslaved posterity ; without first making a large enumeration of such cause● ; how wicked the manners of rome were growne , how the chiefe rulers were given to avarice and oppression , and the whole state drowned in luxury , lusts and riot , as you may see upon that subject in two the most elegant of them . and shall we christians , who adore the true god , and live under the gospell-light , not be sensible under so heavy a judgement of our owne offences . to begin with the fault● of the higher powers , and their illegall oppression of the people , during these eight or nine yeers , in which parliaments were denyed to england , which i briefly touch , referring the reader to a more full narration in the remonstrance ; multitudes of monopolies were granted by the king , and laid upon all things of most common and necessary use , such as sope , salt , wine , leather , sea-cole , and many other of that kinde . regia priva●is creseunt aeraria damnis . claud. by losse of private men th' exchequer growes . large sum● of money were exacted thorow the whole kingdome for default of knighthood , under the shadow of an obsolete law. tonnage and poundage were received without the ordinary course of law ; and though they were taken under pretence of guarding the seas , yet that great tax of ship-money was set on foot under the same colour ; by both which there was charged upon the people some years neere . li. though the seas at that time were not well guarded . these things were accompanied with an enlargement of torrests , contrary to magna charta , the forcing of coat and conduct-money , taking away the armes of trayned bands in divers counties , disarming the people by engrossing of gunpowder , keeping it in the tower of london , and setting so high a rate upon it , that the poorer sort were not able to buy it ; nor could any have it without license ; whereby severall parts of the kingdome were left destitute of their necessary defence . no courts of judicature could give redresse to the people for these illegall sufferings , whilest judges were displaced by the king , for not complying with his will , and so awed , that they durst not do their duties : for to hold a rod over them , the clause , quandiu se bene geserint , was le●t out of their patents , and a new clause , durante bene placito , inserted . new illegall oathes were enforced upon the subjects , and new judicatories erected without law ; and when commissions were granted for examining the excesse of fees , and great exactions discovered , the delinquents were compounded with , not onely for the time past , but immunity to offend for the time to come ; which in stead of redressing , did confirme , and encrease the grievance of the subjects . by this time , all thoughts of ever having a parliament againe , were quite banished ; so many oppressions had been set on ●oot , so many illegall actions done , that the onely way to justifie the mischiefes already done , was to do that one greater , to take away the meanes which was ordained to redresse them , the lawfull government of england by parliaments . whilest the kingdome was in this condition , the serious and just men of england , who were no way interessed in the emolument of these oppressions , could not but entertaine sad thoughts and presages , of what mischiefe must needs follow so great an injustice ; that things carried so farre on in a wrong way , must needs either inslave themselves and posterity for ever , or require a vindication so sharpe and smarting , as that the nation would groane under it ; and though the times were jolly for the present , yet having observed the judgement of god upon other secure nations , they could not chuse but feare the sequell . another sort of men , and especially lords and gentlemen , by whom the pressures of the government were not much felt , who enjoyed their owne plentifull fortunes , with little or insensible detriment , looking no farther then their present safety and prosperity ; and the yet undisturbed peace of the nation , whilest other kingdomes were embroyled in calamities , and germany sadly wasted by a sharpe warre , did nothing but applaud the happinesse of england , and called those ingratefull and factious spirits , who complained of the breach of lawes and liberties ; that the kingdome abounded with wealth , plenty , and all kinde of elegancies , more then ever ; that it was for the honour of a people , that the monarch should live splendidly , and not be curbed at all in his prerogative , which would bring him into the greater esteeme with other princes , and more enable him to prevaile in treaties ; that what they suffered by monopolies , was insensible , and not grievous , if compared with other states ; that the duke of tuskany sate heavier upon his people in that very kinde ; that the french king had made himselfe an absolute lord , and quite depressed the power of parliaments , which had beene there as great as in any kingdome , and yet that france flourished , and the gentry lived well ; that the austrian princes , especially in spaine , layed heavy burdens upon their subjects . thus did many of the english gentry , by way of comparison , in ordinary discourse , pleade for their owne servitude . the courtiers would begin to dispute against parliaments in their ordinary discourse , that they were cruell to those whom the king favoured , and too injurious to his prerogative ; that the late parliament stood upon too high termes with the king ; and that they hoped the king should never need any more parliaments . some of the greatest statesmen and privy counsellors , would ordinarily laugh at the ancient language of england , when the word liberty of the subject was named . but these gentlemen , who seemed so forward in taking up their owne yoake , were but a small part of the nation ( though a number considerable enough to make a reformation hard ) compared with those gentlemen who were sensible of their birth-rights , and the true interest of the kingdome ; on which side the common people in the generality , and country freeholders stood , who would rationally argue of their owne rights , and those oppressions that were layed upon them . but the sins of the english nation were too great , to let them hope for an easie or speedy redresse of such grievances ; and the manners of the people so much corrupted , as by degrees they became of that temper , which the historian speakes of his romans , ut nec mala , nec remedia ferre possent , they could neither suffer those pressures patiently , nor quietly endure the cure of them . prophannesse too much abounded every where ; and which is most strange , where there was no religion , yet there was superstition : luxury in diet . and excesse both in meat and drinke , was crept into the kingdome in an high degree , not only in the quantity , but in the wanton curiosity . and in abuse of those good creatures which god had bestowed upon this plentifull land , they mixed the vices of divers nations , catching at every thing that was new and forraigne . — non vulgo not a placebant petronius . gaudia , non usu plebejo trita voluptas . — old knowne delight they scorne , and vulgar bare-worne pleasure sleight . as much pride and excesse was in apparell , almost among all degrees of people , in new fangled and various fashioned attire ; they not only imitated , but excelled their forraigne patternes ; and in fantasticall gestures and behaviour , the petulancy of most nations in europe . et laxi crines , & tot nova nomina vestis . petr. loose haire , and many new found names of clothes . the serious men groaned for a parliament ; but the great statesmen plyed it the harder , to compleat that worke they had begun , of setting up prerogative above all lawes . the lord wentworth ( afterward created earle of strafford for his service in that kinde ) was then labouring to oppresse ireland , of which he was deputy ; and to begin that worke in a conquered kingdome , which was intended to be afterward wrought by degrees in england : and indeed he had gone very farre and prosperously in those waies of tyranny , though very much to the end ammaging and setting backe of that newly established kingdome . he was a man of great parts , of a deepe reach , subtle wit , of spirit and industry , to carry on his businesse , and such a conscience as was fit for that worke he was designed to . he understood the right way , and the liberty of his country , as well as any man ; for which in former parliaments , he stood up stiffely , and seemed an excellent patriot . for those abilities he was soone taken off by the king , and raised in honour , to be imployed in a contrary way , for inslaving of his country , which his ambition easily drew him to undertake . to this man , in my opinion , that character which lucan bestowes upon the roman curio , in some sort may suit . haud alium tauta civem tulit indole roma , aut ● ui plus leges deberent recta sequen●i : perdita tune urbi nocuerunt secula , postquam ambitus , & luxus , & opum metuenda facultas , transverso mentem dubiam torrente tulerunt , momentumque fuit mutatus curio rerum . a man of abler parts rome never bore , nor one to whom ( whilest right ) the lawes ow'd more : our state it selfe then suffer'd , when the tide of avarice , ambition , factious pride , to turne his wavering minde quite crosse began , of such high moment was one changed man. the court of england , during this long vacancy of parliaments , enjoyed it selfe in as much pleasure and splendour , as ever any court did . the revels , triumphs , and princely pastims , were for those many yeares kept up , at so great a height , that any stranger which travelled into england , would verily believe , a kingdom that looked so cheerefully in the face , could not be sick in any part . the queene was fruitfull , and now growne of such an age , as might seeme to give her priviledge of a farther society with the king , then bed and board ; and make her a partner of his affaires and businesse ; which his extreme affection did more encourage her to challenge : that conjugall love , as an extraordinary vertue of a king , in midst of so many temptations , the people did admire and honour . but the queenes power did by degrees give priviledge to papists ; and among them , the most witty , and jesuited , to converse , under the name of civility and courtship , not only with inferiour courtiers , but the king himselfe , and to sowe their seed in what ground they thought best ; and by degrees , as in complement to the queene , nuntio's from the pope were received in the court of england , panzani , con , and rosetti ; the king himselfe maintaining in discourse , that he saw no reason why he might not receive an embassadour from the pope , being a temporall prince . but those nuntio's were not entertained with publike ceremony ; so that the people in generall tooke no great notice of them ; and the courtiers were confident of the kings religion , by his due frequenting prayers and sermons . the clergy , whose dependance was meerely upon the king , were wholly taken up in admiration of his happy government , which they never concealed from himselfe , as often as the pulpit gave them accesse to his eare ; and not onely there , but at all meetings , they discoursed with joy upon that theam ; affirming confidently , that no prince in europe was so great a friend to the church , as king charles ; that religion flourished no where but in england ; and no reformed church retained the face and dignity of a church but that : many of them used to deliver their opinion , that god had therefore so severely punished the palatinate , because their sacriledge had beene so great in taking away the endowments of bishopricks . queene elizabeth her selfe , who had reformed religion , was but coldly praised , and all her vertues forgotten , when they remembred how she cut short the bishoprick of ely. henry the eight was much condemned by them , for seizing upon the abbies , and taking so much out of the severall bishopricks● as he did in the yeer of his reigne . to maintaine therefore that splendour of a church , which so much pleased them , was become their highest endeavour ; especially after they had gotten in the yeare . an archbishop after their owne heart , doctor laud ; who had before for divers yeares ruled the clergy , in the secession of archbishop abbot , a man of better temper and discretion ; which discretion or vertue to conceale , would be an injury to that archbishop ; he was a man who wholly followed the true interest of england , and that of the reformed churches in europe , so farre as that in his time the clergy was not much envied here in england , nor the government of episcopacy much dis-favoured by protestants beyond the seas . not onely the pompe of ceremonies were daily increased , and innovations of great scandall brought into the church ; but in point of doctrine , many faire approaches made towards rome ; as he that pleaseth to search may finde in the books of bishop laud , mountague , helyn , pocklington , and the rest ; or in briefe collected by a scottish minister , master baily . and as their friendship to rome encreased , so did their scorne to the reformed churches beyond the seas ; whom , instead of lending that reliefe and succour to them , which god had enabled this rich island to do , they failed in their greatest extremities , and in stead of harbours , became rocks to split them . archbishop laud , who was now growne into great favour with the king , made use of it especially to ad●vnce the pompe and temporall honour of the clergy , procuring the lord treasurers place for doctor juckson , bishop of london , and indeavouring , as the generall report went , to fix the greatest temporall preferments upon others of that coat ; insomuch as the people merrily , when they saw that treasurer with the other bishops , riding to westminster , called it the church triumphant : doctors and parsons of parishes were made every where justices of peace , to the great grievance of the country in civill affaires , and depriving them of their spirituall edification . the archbishop , by the same meanes which he used to preserve his clergy from contempt , exposed them to envy ; and as the wisest could then prophecy , to a more then probability of losing all : as we reade of some men , who being fore-doomed by an oracle to a bad fortune , have runne into it by the same meanes they used to prevent it . the like unhappy course did the clergy then take to depresse puritanisme , which was , to set up irreligion it selfe against it , the worst weapon which they could have chosen to beat it downe , which appeared especially in point of keeping the lords day ; when not only books were written to shake the morality of it , as that of sunday no sabbath , but sports , and pastims of jollity and lightnesse permitted to the country people upon that day , by publike authority , and the warrant commanded to be read in churches ; which in stead of producing the intended effect , may credibly be thought to have been one motive to a stricter observance of that day , in that part of the kingdome , which before had been well devoted ; and many men who had before been loose and carelesse , began upon that occasion to enter into a more serious consideration of it , and were ashamed to be invited by the authority of church-men , to that which themselves at the best , could but have pardoned in themselves , as a thing of infirmity . the example of the court , where playes were usually presented on sundaies , did not so much draw the country to imitation , as reflect with disadvantage upon the court it selfe , and sowre those other court pastims and jollities , which would have relished better without that , in the eyes of all the people , as things ever allowed to the delights of great princes . the countenancing of loosenesse and irreligion , was , no doubt , a good preparative to the introducing of another religion : and the power of godlinesse being beaten downe , popery might more easily by degrees enter ; men quickly leave that , of which they never took fast hold : and though it were questionable , whether the bishops and great clergy of england aimed at popery , it is too apparent , such was the designe of romish agents ; and the english clergy , if they did not their owne worke , did theirs . a stranger of that religion , a venetian gentleman , out of his owne observations in england , will tell you how farre they were going in this kinde ; his words are : the vniversities , bishops , and divines of england , do daily imbrace catholike opinions , though they professe it not with open mouth , for feare of the puritans : for example , they hold that the church of rome is a true church ; that the pope is superiour to all bishops ; that to him it appertaines to call generall counsels ; that it is lawfull to pray for soules departed ; that altars ought to be erected ; in summe they believe all that is taught by the church , but not by the court of rome . the archbishop of canterbury was much against the court of rome , though not against that church , in so high a kinde : for the doctrine of the roman church was no enemy to the pompe of prelacy ; but the doctrine of the court of rome would have swallowed up all under the popes supremacy , and have made all greatnesse dependant upon him : which the archbishop conceived would derogate too much from the king in temporalls , ( and therefore hardly to be accepted by the court ) as it would from himselfe in spiritualls , and make his metropoliticall power subordinate , which he desired to hold absolute and independent within the realme of england . it is certaine , that the archbishop of canterbury ( as an english gentleman observes ) would often professe against those tridentine papists , whom only he hated as papists properly so called . for at the councell of trent , all matters concerning the court of rome , which are of themselves but disputable , were determined as points of faith , to be believed upon paine of damnation : but matters of faith indeed concerning the church of rome , were left disputable , and no anathema annexed to them . but that venetian gentleman , whom before we cited , declares in what state , for matter of religion , england at that time stood ; and how divided , namely , into papists , protestants , and puritans ; papists are well knowne . the protestant party ( saith he ) consists of the king , the court lords , and gentlemen , with all that are raised by favour to any honour : besides almost all the prelates , and both the vniversities . what the protestants are , he farther declares . viz. they hate puritans more then they hate papists ; that they easily combine with papists to extirpate puritans ; and are not so farre engaged to the reformed religion , but that they can reduce themselves againe to the old practise of their fore-fathers ; that they are very opinionative in excluding the popes supremacy . he speaks then concerning the puritans , and saies : that they consist of some bishops , of almost all the gentry and communalty ; and therefore are far the most potent party . and further declares what they are . viz. they are such as received the discipline of the french , and netherlanders , and hold not the english reformation to be so perfect , as that which calvin instituted at geneva ; that they hate papists far more then they hate protestants , &c. thus farre of this strangers observation , concerning england . chap. iii. the condition of the scottish state and clergy , when the new booke of lyturgy was sent unto them ; how it was received ; with some effects which followed . the kings proclamation sent by the earle of traquare ; against which the lords make a protestation . in this condition stood the kingdome of england , about the yeare . when the first coale was blowne , which kindled since into so great a combustion , as to deface , and almost ruine three flourishing kingdomes . neither was this coale blowne by the grieved party of england , the communalty , and those religious men that prayed for reformation , but by the other side , who had oppressed them . no commotion at all was raised from the oppressed party , though it consisted of the body of the nation , and therefore strong enough to have vindicated themselves , would they have risen in illegall tumults . the land was yet quiet , and that storme which the people had feared before the death of the duke of buckingham , was not in so long a time fallen upon england , although the causes in government which made them feare it , had continued at the height ever since . they onely wished for a parliament , but durst not hope it , unlesse some strange accident , not yet discovered by them , might necessitate such a cure . the commons therefore but in scotland it was once quite ruined , and by degrees built up againe , not without many difficulties , not without great reluctancy of the peeres , gentry , and most of the ministers ; not without extraordinary interposition of regall authority , and great art used by two kings in managing the businesse , and raising it to that height , in which then it stood ; as you may reade at large in some late writers of that kingdome . neither were the peeres and gentry of that kingdome so impatient of this new yoake● onely out of zeale to preservation of religion in purity , ( though that , no doubt , were their greatest reason ; that church having been ever much addicted to the reformation of geneva : and those other churches , as it appeared by their great unwillingnesse to receive those few ceremonies of the english church , at their synod of perth , ) but as loath also to suffer any diminution of their temporall liberties , which could not be avoided in admittance of episcopall jurisdiction , and was manifested in that kingdome , by divers examples of rigorous proceedings , which some bishops used against gentlemen of quality , by way of fines and imprisonments , and the like ; which particulars are too large to be here inserted in this narration . in the yeare . a booke of lyturgy was composed , and sent out of england , ( which they complained of , because it was not before allowed by their church in a nationall synod , as was fit for a businesse of so great import ) with an expresse command from the king , that they should reverently receive it , and publikely reade it in their churches , beginning on easter day , and so forward ; against which time the privy councell of scotland had commanded that every parish should buy two at the least of them . that service-booke was the same with the common-prayer booke of england , excepting some few alterations , of which some ( as they observed ) were alterations for the better , but others for the worse . for the better , they esteemed , that so many chapters of the apocrypha were not appointed to be read , as in the english prayer booke ; and where the english retained the old vulgar latine translation , especially in the psalmes , that booke followed the last translation , commonly called that of king james . those alterations for the worse were divers , observed by the scots , especially in the lords supper , of which some were these : the expresse command for situation of the altar ( so called ) to the easterne wall ; together with many postures of the minister , whilest he officiated , expressed in their exceptions ; but especially this , that in the consecrating prayer , those words , which in the english common-prayer booke , are directly against transubstantiation , were quite left out in that booke , and instead of them , such other words , as in plaine sense agreed with the roman masse booke . as for example : heare us , o most mercifull father , and of thy omnipotent goodnesse grant , so to blesse and sanctifie by thy word and spirit , these creatures of bread and wine , that they may be to us the body and blood of thy beloved sonne . many other alterations the scots have observed and expressed in their writings , and in one word affirmed , that wheresoever that booke varies from the english lyturgy , it approaches directly to the roman missall ; and offered to prove , that all the materiall parts of the masse booke are seminally there . it was thought by many , that if the booke , without any alteration at all , had been sent into scotland , though the scots perhaps would not have received it , they would not have taken it in so evill part : and it might have been construed onely as a brotherly invitation to the same service which england used . but what the reasons were of those alterations , i finde no where expressed , but onely where the king in his declaration concerning that businesse , is pleased to say thus : we supposing that they might have taken some offence , if we should have tendred them the english service-booke totidem verbis ; and that some factious spirits would have endeavoured to have misconstrued it , as a badge of dependance of that church upon this of england , which we had put upon them to the prejudice of their lawes and liberties ; we held it fitter that a new booke should be composed by their owne bishops , in substance not differing from this of england , that so the roman party might not upbraid us with any weighty or materiall differences in our lyturgyes ; and yet in some few insensible alterations , differing from it , that it might truly and justly be reputed a booke of that churches owne composing , and established by our royall authority , as king of scotland . these were the kings expressions , which , as it seemed , were not satisfactory to the scots in that point . for they were ( as is before specified ) not well affected to their owne bishops , whose power and jurisdiction over them , was rather enforced then consented to . neither did they suppose that a conformity in church-worship , had it been such as their consciences could well have imbraced , had beene any badge of their dependancy upon england , as being a people not conquered , but united in an equall freedome under the same king. besides , they could not relish it well , that the archbishop of canterbury , and other english bishops , who in many points of ceremony and worship , which they accounted things tolerable , did make as neere approaches to the church of rome , as possibly they could ; for no other reason ( as they professe in their writings ) then that they laboured to bring union into the christian church , if it were possible ; should now invite the church of scotland ( whom they accounted more puritanicall then themselves ) to union , by a quite contrary way ; as in stead of framing their service neerer to the scottish profession and discipline , to urge them to a lyturgy more popish then their owne : so that it seemed , for unity they were content to meet rome , rather then scotland . to returne to the narration ; the service-booke , according to the kings command , was offered to the church of scotland , and the councell there , and published by proclamation ; a day for the reading of it in all churches appointed , which was the easter day following . . but then upon some considerations , and further triall of mens minds ( as the king declares ) the first reading of it was put off untill the . of iuly next ensuing , to the end that the lords of the session ( their session being the same with the terme in england ) and others , who had any law businesse , might see the successe of it before the rising of the session , which alwaies endeth upon the first of august ; and that so upon their returne into their severall countries , they might report the receiving of this booke at edenburgh ; it being ordered , that on that sunday the booke should be read only in the church of edenburgh , and some other neere adjacent ; and warning was printed , and published in those severall pulpits the sunday before , that it was to be read . on the . day of iuly , being sunday , the booke was read in saint gyles church , commonly called , the great church at edenburgh , where were present many of the privy councell , both archbishops , and divers other bishops , the lords of the session , the magistrates of edenburgh , and a great auditory of all sorts . but the people , especially the meanest vulgar , ( for they first appeared against it ) and some women expressed so great a detestation of the booke , not onely in words and outcries , but actions ; that the city magistrates were troubled much to get the service performed ; and the bishop who read it , comming out of the church , had probably beene slaine by the multitude , if he had not been rescued by a nobleman . betweene the two sermons the councell and magistrates met about preventing future tumults ; but though the booke were read more quietly in the afternoone , yet the tumult was farre greater after evening prayer , from the people who had stayed in the streets ; and the bishop , in the earle of roxborough his coach , hardly escaped from being stoned to death . the greatest men and magistrates of edenburgh , to excuse themselves to the king ( some of them also writing to the archbishop of canterbury ) layed all the fault upon the rabble ; for as yet none of quality had appeared , insomuch as that the privy councell and magistrates of edenburgh , the next morning held some consultation about finding out , and punishing the ringleaders of that uproare . but not long after , upon the appearing of some others of higher ranke , and petitions from divers ministers , that the reading of that booke might be a while tespited , till his majesty might be further petitioned and informed ; the councell yeelded so far , as that it should not be urged by the bishops , till his majesties pleasure were further knowne . upon which , many gentlemen and ministers , who had resorted to edenburgh with petitions not long before , returned in part satisfied to their owne habitations ; and at many places met together , with fastings , and prayer , that god would be pleased to direct the kings heart in that way which they conceived most conducible to the happinesse of the church and state of scotland . upon the . of october following , harvest being now ended , a great conflux of all sorts was at edenburgh , to heare what the king was pleased to determine of the businesse ; where they finde an edict against them , that upon paine of being guilty of rebellion , all should within few houres warning , depart the city ; and because the citizens of edenburgh had twice tumultuously opposed the prayer booke , and assaulted the bishop of edenburgh ; as a punishment to that city , the terme was to be removed to the burgh of linlithgow ; and the next terme , after the ordinary vacants , to be held at the burgh of dendie , there to remaine during his majesties pleasure . the petitioners ( as they were then called ) were much moved at this edict ; and on the . of that october , presented to the privy councell a great complaint against the bishops , whom they conceived the authors of all this businesse , and desired justice against them , as well for other crimes , as for introducing contrary to law , that superstitious and idolatrous book . to this complaint a great number of all ranks subscribed , and professed to the councell , that they could not depart out of edinburgh till some way were found out to settle the present grievances . whilest they stayed there , their number daily increased , from all the remotest provinces , that the councell were enforced to give way , that till the kings pleasure were yet further knowne , they might chuse some out of their number of all ranks , to represent the rest , and follow the cause in the name of all the rest : upon which they chose foure of the higher nobility , foure of the lower ranke of nobility , as representers of provinces ; as many burgesses of townes ; and foure pastors , as representers of the classes ; having setled this , the rest quietly departed to their owne homes . the king hearing of these things , sent a command to the councell of edenburgh , not to take upon themselves any more the decision of this controversie , which he reserved in his owne power : and proclamation was made in december , . concerning the kings intentions , that they were not to infringe the lawes or liberties of the kingdome . when therefore the commissioners petitioned the councell to give way to them , to bring their actions against the bishops , the councell answered , that the king had commanded them to receive no more petitions , against either the bishops , or booke of service . whereupon the commissioners discontented , prepare a protestat●on against the kings councell , declaring , that what mischiefe soever might afterwards ensue , was to be all imputed to the kings councell , for denying justice . the councell fearing what effects might follow , desired the bishops to absent themselves , and gave leave to the commissioners to appeare before them ; where the lord of lowden , in name of all the rest , made an oration , in which charging the bishops with other crimes , besides these stirres ; he desired them to be altogether removed from the councell table , till they had answered and cleered themselves . to the like purpose spake one of the ministers . the councell seemed sorry , that it lay not in their power ( since the kings command was peremptory ) to give satisfaction to their desires ; but intreated their patience for so small a time , as till they might againe receive notice of his majesties pleasure . the king further certified by them , sent for the earle of traquare into england , who was soone dispatched againe into scotland ; and in february , . caused the kings mandate in sterlin ( where the councell then sate ) to be published . the proclamation declared that the bishops were wrongfully accused , as authors of sending the prayer booke ; that his majesty himselfe was author of it , and all was done by his command ; that he condemned all tumultuous proceedings of his subjects to exhibite petitions or complaints against the innocent bishops , and booke of lyturgy , and all subscriptions to that purpose hitherto , as conspiring against the publike peace ; pronouncing pardon to those which repented , and the punishment of high treason to such as persisted ; promising to heare the just complaints of his subjects , so they offended not in matter or forme . after the proclamation was made at sterlin , the earle of hume , lord lindsey , and others , in name of all the petitioners , made a protestation against it ; which protestation was afterward repeated at lithgow , and last at edenburgh . the effect of that protestation was ( for we cannot here insert it at large ) that the service booke was full of superstition and idolatry , and ought not to be obtruded upon them , without consent of a nationall synod , which in such cases should judge ; that it was unjust to deny them liberty to accuse the bishops , being guilty of high crimes , of which till they were cleered , they did reject the bishops as judges or governours of them . they protested also against the high commission court , and justified their owne meetings , and superscriptions to petitions , as being to defend the glory of god , the kings honour , and liberties of the realme . this protestation was read in the market place at sterlin , and the copy hung up in publike . chap. iv. the scots enter into a covenant . the marquesse hamilton is sent thither from the king. a nationall synod is granted to them , but dissolved within few daies by the marquesse , as commissioner from the king. the king declares against the covenanters , and raises an army to subdue them . from sterlin the commissioners resorted to edenburgh , whither many from all parts met to consult of the present businesse ; and concluded there to renew solemnly among them that covenant , which was commonly called , the lesser confession of the church of scotland , or , the confession of the kings family ; which was made and sealed under king james his hand , in the yeare . afterwards confirmed by all the estates of the kingdome , and decree of the nationall synod , . which confession was againe subscribed by all sorts of persons in scotland , . by authority of councell and nationall synod ; and a covenant added to it , for defence of true religion , and the kings majesty ; which covenant the aforesaid lords , citizens , and pastours , in the yeare . did renew , and tooke another according to the present occasion . the covenant it selfe ( expressed at large in the records of that kingdome ) consisted of three principall parts : the first was a re-taking word for word , of that old covenant , . confirmed by royall authority , and two nationall synods , for defence of the purity of religion , and the kings person and rights , against the church of rome . the second part contained an enumeration of all the acts of parliament made in scotland , in defence of the reformed religion , both in doctrine and discipline against popery . the third was an application of that old covenant to the present state of things , where , as in that all popery , so in this all innovations in those bookes of lyturgy unlawfully obtruded upon them are abjured ; and a preservation of the kings person and authority ; as likewise a mutuall defence of each other in this covenant are sworne unto . against this covenant the king , much displeased , made these foure principall objections : first , by what authority they entred into this covenant ? or presumed to exact any oath from their fellow subjects ? secondly , if they had power to command the new taking of this oath , yet what power had they to interpret it to their present occasion ? it being a received maxime , that no lesse authority can interpret a law , then that which made it , or the judges appointed by that authority , to give sentence upon it . thirdly , what power they had to adde any thing to it , and interpose a new covenant of mutuall assistance to each other , against any other power that should oppose them , none excepted . and fourthly , that all leagues of subjects among themselves , without the privity and approbation of the king , are declared to be seditious by two parliaments in scotland , one of the tenth parliament of james the sixth , act the twelfth ; and the other the fifteenth act of the ninth parliament of queene mary . what answer the covenanters made to these objections , and what arguments the king used to enforce the contrary , are largely expressed in many writings ; being such indeed , as not onely then , but since , in the sad calamities of england , have been discoursed of in whole volumes ; containing all that can be said concerning the true rights and priviledges of princes and people . the covenant notwithstanding was generally subscribed by all there present at edenburgh , in february , . and copies of it sent abroad to those who were absent , and so fast subscribed by them also , that before the end of aprill , he was scarce accounted one of the reformed religion , that had not subscribed to this covenant . and the church and state were divided into two names , of covenanters , and non-covenanters ; the non-covenanters consisting ●irst of papists , whose number was thought small in scotland , scarce exceeding six hundred : secondly , some statesmen in office and favour at that time : thirdly , some● who though they were of the reformed religion , were greatly affected to the ceremonies of england , and booke of common-prayer . many bishops at that time came from thence to the court of england , and three lords of the councell of scotland , whom the king had sent for , to advise about the affaires of that kingdome , where , after many debates what course to take , whether of reducing the covenanters by armes , or using more gentle meanes : the king at last sent the marquesse hamilton , together with those three lords , into scotland . the marquesse arrived at dulketh , and within few daies entred edenburgh , in iune , being met and conducted into the city by a great multitude of all ranks , in which number were seven hundred pastors of churches . the marquesse , by the kings command , dealt with the covenanters , to renounce their covenant , or else told them , there was no hope to obtaine a nationall synod , which they so much desired , for setling of the church , which they affirmed could not be done , without manifest perjury and profanation of gods name . but when nothing was agreed upon , they besought the marquesse at his returne into england , to present their humble desire to the king : but before his departure , in iuly he published the kings proclamation , wherein his majesty protests to defend the protestant religion ; and that he would no more presse upon them the booke of canons , or service booke , but by lawfull mediums ; that he would rectifie the high commission , and was resolved to take a speedy opportunity of calling both a parliament and synod . when the proclamation was ended , the covenanters read their protestation ; of which the heads were : that they never questioned his majesties sincerity in the protestant religion ; that these grants of his were not large enough to cure the present distempers ; for he doth not utterly abolish that service-booke , nor the high commission , being both obtruded against all law upon them ; that their meetings are not to be condemned in opprobrious words , being lawfull , and such as they would not forsake , untill the purity of religion , and peace , might be fully setled by a free and nationall synod . the marquesse went into england , to returne at a prefixed day , the twelfth of august ; in the meane time the scots keepe a solemne fast ; and the covenanters , not hoping from the king so quick a call of a nationall synod , as the present malady required , published a writing , wherein they endeavour to prove , that the church in such a condition may provide for it selfe ; that the power of calling a synod , in case the prince be an enemy to the truth , or negligent in promoting the churches good , is in the church it selfe . and that the state of the church of scotland at that time was necessitated to such a course ; which they endeavour to prove by reciting all their particular grievances , and by answering all arguments of the contrary side , for the right of princes , howsoever affected to religion ; as appeares at large in their tractate concerning the necessity of synods . the marquesse returned into scotland before the appointed day , and brought articles from the king , to which the covenanters , if they would have either parliament or synod , were required to consent . but they utterly rejected those articles , as too invalid for their purpose of setling things ; so that the marquesse fearing least the covenanters , weary of delayes , would call a synod without staying the kings consent , earnestly perswaded them to forbeare it onely till his next returne from court , whither he would presently go to perswade the king. which request of his , with much a do was granted by them , and the day for his returne appointed the of september ; by which time , unlesse the marquesse returned , it was free for the covenanters to provide for their owne affaires . but the marquesse with singular diligence prevented his day , and published the kings proclamation , of which the chiefe heads were : first , the king did abrogate all decrees of councell for the booke of canons and common-prayer , and abrogate the high commission . secondly , that none should be pressed to the five articles of perth . thirdly , that bishops should be subject to the censure of a synod . fourthly , that no oath should be given at ordination of pastors , but by law of parliament . fifthly , that the lesser confession of . should be subscribed to by all the kingdome . sixtly , that the king called a nationall synod to begin at glasco the of november , . and a parliament at edenburgh the . of may , . lastly , for peace sake he would forget all their offences past . the covenanters at the first hearing of this peacefull message , were much joyed ; but looking neerely into the words , they found ( as they affirme ) that their precedent actions were tacitly condemned , and the just freedome of a nationall synod taken away . therefore loath to be deceived , they frame a protestation , not ( as they alledged ) mis-doubting the candor of the king , but not trusting those in favour with him ; by whose destructive councell they supposed it was , that the king had not shewed this clemency at first . the chiefe heads of their protestation were these : first , after humble thanks to god and the king , they conceived this grant no sufficient remedy for their sores . for his majesty calls that a panick feare in them , which was upon no imaginary , but just grounds , as a reall mutation both of religion and lawes , by obtrusion of those bookes directly popish . secondly , whereas the king in his former mandates so highly extolled those bookes , as most religious , and fit for the church ; they could not be satisfied with a bare remission of the exercise of them , unlesse he would utterly abrogate and condemne them ; or else itching innovators would not be wanting hereafter to raise new troubles to the church about them . thirdly , the just liberty of nationall synods is diminished , and episcopacy set up , they being allowed as bishops , though not deputed by the churches , to give their voices in a synod . fourthly , the subscribing againe of that old covenant , could not be admitted for many reasons there at large expressed ; of which some are , that it would frustrate their late covenant , and make it narrower then before , and not able to suit to the redresse of present grievances , and be a needlesse multiplying of oathes , and taking the name of god in vaine ; with many other objections , which cannot be fully here inserted . that covenant notwithstanding was solemnly taken at edenburgh by the marquesse of hamilton , the kings commissioner , and all the privy councell . the marquesse then gave order for the synod , fearing least the covenanters , if he delayed to call it , would do it themselves , and on the . of november came to glasco in great state . where after many meetings for preparation to the businesse , on the of the same moneth , according to the kings edict , the nationall synod began : but within seven daies that synod was dissolved by the marquesse hamilton , in the kings name , and they commanded to sit no more . the marquesse alleadging for reason of it , that they had broken the lawes of a free synod in many proceedings , not onely in those few daies of their sitting , but before it began in their manner of elections , with other such like matters . but they protested against that dissolution , and continued the synod when the marquesse was gone . what were the acts of that synod , what proceedings it had , and what impediments it met withall , you may reade in two large descriptions , the one published by the king , the other by the synod ; how the bishops protested against the synod ; how the synod answered their protestation ; how the synod wrote to the king ; how they proceeded against the bishops , deposing them all from their dignities ; how of all fourteene bishops , eight were excommunicated , foure excluded from all ministeriall function , and two onely allowed to o●●ic●ate as pastours ; how the five articles of perth , the booke of lyturgy , the booke of canons and ordination , were all condemned , the high commission taken away , and whatsoever else had crept into the church since the yeare . when that nationall covenant was first established . the scots covenanters , when themselves broke up the synod , wrote a letter of thanks to the king , and immediately after published a declaration , dated the fourth of february , . from edenburgh , and directed to all the sincere and good christians in england , to vindicate their actions and intentions , from those aspersions which enemies might throw upon them . that declaration was welcome to the people of england in generall , and especially to those who stood best affected to religion , and the lawes and liberties of their country : but by the kings authority it was suppressed , as all other papers that might be sent from the scots ; and a proclamation soone after , bearing date the . of february , . was published by the king , and commanded to be read in all churches of england ; the title of it was , a proclamation and declaration to informe our loving subjects of england , concerning the seditious actions of some in scotland , who under false pretence of religion , endeavour the utter subversion of our royall authority . the declaration was ●illed with sharpe invectives and execrations against the scottish covenanters ; but the truth is , it wrought little upon the hearts of the english people ; who conceived a good opinion of the scots ; and were more confirmed in it , because the king had carried the whole businesse so closely from the english nation , as not onely not to declare unto them in a parliament , ( which former princes used to call upon lesse occasions ) but not revealing the proceedings of it to the body of his privy councell , acquainting onely some of them whom he thought fittest for his purpose , as the king himselfe expresseth in two places of his owne booke , intituled , a large declaration concerning the late tumults in scotland , pag. . and page . in fine , the scots are declared rebels ; and the king in person with an english army richly furnished , is going to chastise them . chap. v. the aversenesse of the english people from this warre with scotland . the king advanceth to yorke with his army . the preparation of the scottish covenanters . a pacification is made , and both armies disbanded . another preparation for warre with scotland . a parliament called to begin in england on the . of april . the parliament of scotland is broken off by command of the king to the earle of traquare . never were the people of england so averse from any warre , as neither hating the enemy against whom , nor approving the cause for which they were engaged . their owne great sufferings made them easily believe that the scots were innocent , and wronged by the same hand , by which themselves had beene oppressed ; and for the cause , it was such , wherein they could not desire a victory ; supposing that the same sword which subdued the scots , must destroy their owne liberties ; and that the contrivers of this warre , were equall enemies to both nations . nor was this onely the thought of wisest gentlemen , but the common people in generall were sensible of the mutuall interest of both kingdomes . those courtiers who were in all things wholly complyant to the kings will , did also dislike this warre with scotland , though not for the same reason which the forenamed did , as not considering the cause or quarell , but the disadvantage of the warre it selfe . those disadvantages they used to vent in contemptuous expressions of the poverty of scotland ; that nothing could be gotten from such wretched enemies ; that the king were happy ( if with his honour he might suffer it ) to be rid of that kingdome , and would be a great gainer by the losse of it : the younger courtiers were usually heard to wish scotland under water , or that the old wall of severus the emperour were now re-edified . those courtiers that were of a graver discourse , did likewise seeme to feare the consequence of this b●sinesse , and i remember , would daily mention the story of charles duke of burgundy , his pressing of a warre upon the swissers ; and what philip de commines relates about the battell of granson , that the duke lost to the value of three millions of crownes ; all which he fondly ventured against so wretched a people , that it is there expressed , if all the swissers had been taken prisoners , they would not be able to pay a ransom to the value of the spurres and bridle-bits in his campe : and very frequent in their mouthes was that verse : curandum in primis ne magna injuria fiat fortibus & miseris . juvenal . take heed of offering too great injuries to people stout and poore . but the people of england , though they abhorred the very thought of that unnaturall warre ; yet glad they seemed to be , that such an occasion happened , which might in reason necessitate the king to call an english parliament , and so by accident redresse the many grievances of england : which might also prevent the feare of such warres for the future , and bring a just punishment upon those who were sound to be the authors or assistors of this present disturbance . but the king , though resolved to pursue his designe of warre , rather then take the advice of a parliament , was content to want the aid of it ; and to seeke supplies of a lower condition . great sums of money he borrowed from the chiefe nobility ; and required proportionable loanes from all the judges and officers ; but specially the clergy , of all ranks , were liberall in contribution to this war ; which was then called by many men , bellum episcopale . all courti●●s , as well extraordinary as ordinary , were summoned to attend the king in person with horse and armes in a proportion suitable to their rankes . by whom , and such voluntiers of the gentry , as came in to gaine his majesties favour , with old souldiers that imbraced it as their profession , a gallant army was made up , yorke was appointed for the rendezvouze , and the earle of arundell commander in chiefe . the king , as it was well knowne , had beene advertised by many , and especially by the prosecuted bishops , who were fled out of scotland , that the scottish covenanters were in no sort able to resist him ; that scarce any english army at all would be needfull to fight , but onely to appeare , and his majesty would finde a party great enough in scotland to do the worke . and indeed much might have been done in that kinde , if the lords of the covenant had not used a most dexterous and timely prevention , which is as necesssry in a defensive , as an offensive warre . for besides the feared incursion of the english upon their borders , and what invasion the deputy of ireland , on the westerne coast might make , together with the earle of antrim , and his forces from the hebrides ; the marquesse huntley in the north , and marquesse duglas towards the southerne parts , with the earle of heth , were to be feared , and the towne of aberden to be secured , before it could fortifie to receive the kings fleet. all which with timely care was undertaken , and provided against by severall lords , as argile for the west , montrosse for the north , colonell monroe for the south . the most considerable forts in that kingdome were taken in at the beginning , without any blood or resistance , and furnished by them with ammunition , as edenburgh , and dun-britain , and the haven of leeth , to secure edenburgh , suddenly fortified . all neuters , or suspected persons , they disarmed without tumult ; the castle of dalketh they scaled and tooke , with all the warlike provision which had been brought into it by marquesse hamilton the yeare before . in that castle they found the kings crowne , scepter , and sword , which in great state and solemnity were carried from thence by the greatest noblemen , and layed up in edenburgh castle . the covenanting lords at the same time published a long remonstrance , in answer to the kings proclamation against them , the . of february , and to satisfie the people of england concerning their proceedings and intents . the marquesse hamilton arrived at forth with a fleet in may , and sent letters to the governour of edenburgh to obey the kings commands , and especially to publish in edenburgh that proclamation , which had been by the king proclaimed at yorke , upon the ● of aprill ; wherein among other things , the rents and debts due to covenanters from tenants and others , are forbidden to be paid to them . the governour desired the marquesse to expect an answer till the parliament sate , which was to begin within few daies , who returned answer to the marquesse , that they could not in that obey his command , for many reasons , expressed at large in their commentaries . in the meane time the king commanded the parliament to dissolve , which immediately obeyed ; and being threatned with warre on every side , elected sir alexander lesley , an experienced commander in the german warres , to be their great generall ; to whom all the greatest earles and lords of the covenant , swore obedience in all warlike commands ; taking an oath of him for performance of his duty ; and immediately betooke themselves every man to his charge throughout all parts of the kingdome , according as they were commanded by lesley . whilest the armies on both sides advanced forward , and no decision of this difference seemed with reason to be hoped for , but such as the stroke of warre must allow ; the scottish covenanters did neverthelesse continue their first course of petitioning the king ; and by many addresses to him , protested their loyalty to his crowne and person ; and did not omit by letters and messages , to solicite as advocates those english noblemen , whom they esteemed best and truest patriots , as the earles of essex , pembrooke , and holland , as supposing that this warre was not approved of by any that were firme to the cause of religion , and liberties of both kingdomes , ( for so themselves expresse it . ) the earle of dumferling having free passage about that time to the english army , assured his fellow-covenanters , that those noble fore-named earles , and almost all the english nobility , were much averse from this warre , and ●avourers of their suit to the king. which did so much encourage the covenanters to continue their humble petitions to the king , ( and god being pleased to give his blessing ) that after some few messages to and fro , the king was pleased to give leave , that six of them should come and personally treat at the earle of arundell his tent , upon the tenth of iune , with some of the english nobility ; at which discourses some few daies after , the king himselfe vouchsafed to be present : at last after many humble expressions of the covenanters , and some expostulations of the king with them , by the happy mediation of wise and noble councellors , a pacification was solemnly made , upon such articles as gave full satisfaction to all parties , save onely that the scottish covenanters were not pleased with some expressions which the king had used in the preface to the pacificatory edict , as calling their late synod , pseudo synodus glasquensis ; and aspersing their proceedings in armes , with such epithites , as tumultuous , illegall , and rebellious . which notwithstanding , at the humble suit of them , the king was pleased to moderate , to expunge some of those harsh phrases ; as likewise to explaine more cleerely other ambiguous sentences , to take away all suspitions from peoples hearts ; the copies of which were delivered to divers of the english nobility , who had taken faithfull paines in procuring that happy peace ; that if any doubts should afterwards happen , their judgements might be taken concerning the intention of the writing . the king also declared , for satisfaction of the scots , that though his expressions at some places might seeme harsh , yet his meaning to them was never the worse ; that care must be taken of his owne reputation in forraigne parts ; and that litigation about words was vaine , when the matter was cleere , and their suit wholly granted . the king granted them a free nationall synod , to be holden upon the sixth of august following , and a parliament to begin upon the . day of the same moneth , to confirme and ratifie what the synod should decree ; which the scots thankfully receive , esteeming that to be the onely proper and efficatious way to settle a firme peace both in church and state. they were also joyfull , that the king had promised to be there himselfe in person ; but that hope afterwards failed them , for the king excused himselfe , affirming that urgent and weighty affaires at london , as he was certified by letters from his queen and councell , required his presence there ; but that he would send a deputy thither , with full power to make good whatsoever he had promised , which was the earle of traquare . this pacification , to the great joy of good men , was solemnly concluded on the . of iune , . and both armies within eight and forty houres to be disbanded , which was accordingly done , and both the english and scots returned home , praising god ; who without any effusion of blood had compounded this difference , and prevented a warre so wickedly designed . but that joy lasted not long ; for the earle of traquare , the kings commissioner could not agree with the scottish parliament ; the scots complaining , that nothing was seriously performed , which the king had promised at the pacification , as shall more appeare afterward . but however it were , within a little time after that the king had been at london , that paper which the scots avowed to containe the true conditions of that pacification , was by the king disavowed , and commanded by proclamation to be burned by the hands of the hangman ; though the contents of that paper were not named at all in the proclamation , nor the people of england acquainted with any of them . which put the english in great feare that the former councells of divisions yet prevailed in the court , especially discerning a shew of preparation for warre againe . but leaving the scots at their parliament a while . in the meane time the lord wentworth , deputy of ireland , arrived in england , and was received by the king with great expressions of grace and favour , dignified with a higher title , and created earle of strafford . great was the expectation of all the english , what might be the effect of his coming over ; great was the opinion which men in generall had conceived of his ability and parts ; looking at him as the onely hinge , upon which the state was now likely to turne . but very different and various were the conjectures of gentlemen at that time , in their ordinary discourses , ( for i will relate the truth , ) what use this great statesman would make of his ability and favour . some ( as they wished ) did seeme to hope , when they considered his first right principles , that whatsoever he had acted since his greatnesse , was but to ingratiate himselfe perfectly with the king ; that so at last by his wisdome and favour he might happily prevaile , both upon the kings judgement and affection , and carry him from those evill councells which he had long beene nurtured in , to such waies as should render him most honourable and happy ; that the earle was so wise as to understand what most became a wise man , and would make greatnesse beloved and permanent . but others durst not hope so much from him , when they considered his government in ireland , and the ambition of the man : they feared that neither his vertue was great enough to venture his owne fortunes , by opposing any evill councells about the king , nor his favour great enough to prevaile in over-ruling ; that he was sent for onely to compleat that bad worke , which others of lesse braine then he had begun . which he would sooner venture to do , then to make himselfe the author of a new and good one ; seeing it hath been observed , that few statesmen have ever opposed princes , but rather seconded and assisted them in their bad inclinations . from whence it comes , that few statesmen have converted princes from ill courses , but been themselves perverted from that goodnesse which seemed to be before in them . historians therefore neither imputed the goodnesse of augustus to marcus agrippa , or statilius taurus , nor tiberius faults to sejanus . according to that sentence of machiavell , recta consilia à quocunque profiscuntur , à principis prudentia ; non autem principis prudentia à rectis consiliis derivatur . at that time the king declared to his councell an intention that he had of calling a parliament in england , to begin in aprill following . the people seemed to wonder at so great a novelty as the name of a parliament , but feared some further designe , because it was so long deferred , whilest in the meane time preparations for a warre against scotland , seemed to go forward , and the deputy of ireland was first to go over , and summon a parliament in ireland , which he accordingly did , crossing the seas about the end of december . what worke he was to do there , the people knew not , but wished that the english parliament might have begun , before the scottish businesse had proceeded too farre , which they supposed might happily prevent so sad a warre , and save those charges , which would before aprill grow upon such warlike preparations , and require a supply from that parliament ; that it were better to prevent such a necessity , then purposely to stay till that necessity were made . on the . day of that december , the earle of traquare , by a command from the king , under his privy seale , broke up the parliament in scotland , and prorogued it till the second day of iune in the following yeare . the scots complained that it was a new example and breach of their liberties , not heard of before in twenty ages ; that a parliament fully assembled , and compleat in all her members , whilest businesse of moment was depending , should be dissolved without the consent of the house it selfe ; that whatsoever kings in other kingdomes might do , it concerned not them to enquire , but it was absolutely against their lawes , according to which , the king had lately promised them he would onely proceed . traquare , immediately upon the dissolution of the scottish parliament , hastened to the court of england to certifie the king of all proceedings . and the parliament deputies of scotland dispatched away with speciall instructions to the king also foure commissioners , the earles of dumferling and lowden , duglasse , and barclay . their instructions were , that before the king himselfe , not the councell of england ( because of the independency of that kingdome ) they should complaine of those injuries , and intreat redresse , which had been offered to them since the pacification ; the dissolving of their parliament ; the garrisonning of edenburgh castle with three times as many as would serve for defence ; the garrisoning of dun-britain castle with english souldiers ; that the scots trading in england , but more especially in ireland , were enforced to new oathes , damning their late covenant , and contrary to the articles of pacification . they sent withall an information to the english nation in generall , touching all their proceedings and intentions , and expressing at large ( as may be there read ) what particular injuries they had received since the pacification , and how much contrary to that agreement . the foure scottish forenamed commissioners , after some audiences before the king , and divers of his english councell , were in march committed to prison , the king intending shortly to charge them , the parliament being neere , lowden to the tower , and the other three to other custody . about this time the earle of strafford returning out of ireland , where he had held a short parliament , and gotten foure subsidies from them , came to the king againe ; and the english parliament being presently to begin , an accusation was drawne against lowden , then prisoner in the tower , concerning a letter written from the scottish covenanters to the french king ; to which epistle the said earle had set his hand . the matter of accusation was , that the scots , weary of obedience to their owne king , had recourse to a forraigne prince for assistance , and by that meanes might draw the armies of france into this island . his answer was , the letter was written in may , . when scotland was threatned with a grievous invasion , and they had notice , that by ambassadors and agents their cause was represented odious to all forraigne princes and states ; that their intention was to cleare themselves from those aspersions abroad , and especially to the king of france , whose ancestors had been ancient friends to the kingdome of scotland ; and for feare least that king might possibly be wrought upon to be their enemy otherwise . that it was not to draw warlike assistance from the king of france ( which neverthelesse they thought lawfull in an extreame necessity and persecution ) but only his mediation in their behalfe to their owne king ; and that the letter well examined would beare no other sence ; though there were mention of aid , yet their secret instructions to their messenger had specified what kinde of aid it was which they desired ; but howsoever , they alledged that the draught of that letter did not then please them , nor was it at all consented to , nor intended to be sent ; besides that , the superscription to the king , at which so great exception was taken , as if they acknowledged the french king for their soveraigne , was not written at all by them , but added by some enemy , after that it was gotten out of their hand . besides all this , the thing was done afore the pacification , and act of oblivion , and ought not now to be remembred against them . whether their answer were sufficient or not , true it is , that nothing at all was made of that businesse , though the king himselfe at the beginning of the english parliament , mentioned it against the scots , as a proofe of their disloyalty , and justification of those warlike preparations which he had made against them . the scots in the meane time had written to the english parliament a large justification of all their proceedings , intreating them by the way of brotherly advice , to be wary in vindicating their owne lawes and liberties , to frustrate the designe of those evill counsellors , who had procured this parliament for no other end , then to arme the king with warlike supplies against his scottish subjects , and by that warre to inslave , if not ruine both the nations ; that after so many violations and dissolutions of parliaments in england , this was not called to redresse grievances , but to be so over-reached ( if they were not carefull and couragious ) that no possibility should be left for the future of redressing any ; that some dangerous practise might be well suspected , when at the same time a parliament was denyed to scotland , though promised by the word of a king , granted to england when not expected ; and obtruded upon ireland , when not desired . many particulars of that nature were expressed in the scottish remonstrance . chap. vi. the parliament beginneth in england , but is soone dissolved . the clergy continue their convocation . the scots enter into england . some passages of the warre . a parliament is called to begin on the third of november . a truce betweene the armies for two moneths . vpon the thirteenth of aprill the parliament began ; when the king produced that forenamed writing of his scottish subjects to the french king , as an apparent token of their disloyalty , and a necessity in him of chastising them by armes ; for which he had already made so great a preparation , as required a present supply of money from this parliament . to the same purpose that the king had briefly expressed himself , the lord keeper finch , in a long and eloquent oration dilated the businesse . twelve subsidies were demanded by the king , in lieu of which , the release of ship-money was promised ; to which demand answer was made by divers members of the house in severall speeches , that redresse of grievances was the chiefe end of assembling parliaments , and ought to precede granting of subsidies . which not onely reason , but the constant practise of all ages had confirmed ; that there was never more need of redressing grievances than at this time ; without which the people would repine to part with twelve subsidies ; that the sum was extraordinary great , especially to be given for releasing of that which they never conceived the king had any title to , but had taken by power against the lawes . the king promised that grievances should be afterwards redressed , but required the money first , because there was a necessity of hastening the warre ; without which the opportunity of summer would be lost . to which it was answered by many , that the people had no reason to pay for that which was never caused nor desired by them , nor could any way prove to their good , but quite contrary to the danger and detriment of the whole kingdome ; that the same people would undoubtedly pay with more willingnesse so many subsidies to prevent that unhappy warre , to settle the state , and punish the principall contrivers or assistors of that disturbance . among all the gentlemen of the house of commons , who spake to that purpose , the lord george digby , sonne to the earle of bristoll ( a young nobleman of extraordinary abilities ) was ●minent for a speech there ; wherein complaining that the house was required to give present answer concerning supplies to the king , to ingage himself in a warre , and that a civill warre ; for , said he , so i must needs call it , seeing we are of the same religion , and under the same king. he divided his complaint into five heads : . we are not permitted to redresse grievances at all . . we are not permitted so much as to represent to his majesty the dis-affection of his subjects to this warre . . we are not permitted to say , that we thinke they are the same persons that are the causers of our grievances , and the grievances of scotland ; and that the cutting off of those incendiaries of state , would be a safe , easie , and honourable cure . . that warre will make the breach wider , and the remedy desperate . . that the best iustice is to fill the pits which are made to intrap others , with the bodies of those that digged them , &c. master pym also , a grave and religious gentleman , in a long speech of almost two houres , recited a catalogue of all the grievances which at that time lay heavy upon the common-wealth . of which many abbreviated copies , as extracting the heads onely , were with great greedinesse taken by gentlemen and others throughout the kingdom ; for it was not then in fashion to print speeches of parliament , divers of the members besides ( too many to be here named ) did fully descant upon such particular grievances , as they had informed themselves of , in their severall countries and burroughs . but it is most true , though it have been said , quicquid multis peccatur , inultum est , that there was never any parliament which was more unanimous in apprehension of grievances , and yet more moderate in the language and manner of declaring against them . and so great seemed to be their care of offending in this parliament , being the first that in so many yeares had been granted to england ; that notwithstanding they perceived the money they were to give to the king , must be imployed against their owne interest , yet they tooke the subsidies into consideration ; by which they might perchance gaine the kings affection to parliaments ; and were content to hope , that whilest the houses sate , the bad councell about the king might be awed into moderation ; and the warre against scotland , by wise and honest interpositions , might be againe composed , as it had been the summer before . but whilest the businesse was in debate , whether they were not quick enough in granting , or the conditions were too much feared by the king , i will not judge , but onely relate what was done . the king in person came into the house upon the fifth of may , and dissolved the parliament , but used faire language to them , protesting that he would governe as much according to law , as if a parliament were constantly sitting : yet the next day after the dissolution of it , some members were imprisoned , the lord brooke was searched for papers , his study , cabinets , and pockets ; master bellosis , and sir john hotham , were committed to prison for speeches , but soone discharged ; master crew , who was a member of the house of commons , and was in the chaire for petitions concerning ministers , was committed to the tower , for not discovering some petitions delivered to him in parliament , and continued a prisoner almost to the beginning of the next parliament . after the dissolution of this parliament , the convocation of divines continued their sitting , and by authority from the king , made divers canons , and an oath to be imposed upon not onely clergymen , but many of the laity . that continuance of the convocation , whatsoever themselves , perchance ignorant of the law , might thinke of it , was judged very illegall , as it appeared by the votes of the succeeding parliament , and the opinion of lawyers delivered there . when master bagshaw , the november following , inveighing against those canons which were made whilest they sate , proved the bishops and clergy in a premumire : the lord digby at the same time affirming , that their convocation was a new synod , patched out of an old conventicle . many other lawyers of note at severall times argued the case concerning those canons . insomuch that the house of commons in december following , nullo contradicente , resolved that those canons were against the fundamentall lawes of the kingdome , the property and liberty of the subject : and in the following aprill , . falling againe upon the late convocation , for their canons and other misdemeanours , they voted the convocation house in pounds fine to the king ; the archbishop of canterbury to pay pounds , the archbishop of yorke pounds , the bishop of chester pounds ; and the rest of the clergy according to their abilities proportionably , to make up the summe . certaine it is , it was not in any substantiall way advantagious to the king ; but onely to give them time and opportunity to taxe the clergy in money for supplying his majesty in the warre then on foot against the scots . the king must needs be driven to a great exigent at that time , having so expensive a warre in hand , and wanting the assistance of parliament . the courses that were then taken by the king , to supply that defect , were partly the contribution of the clergy , to whom that warre was lesse displeasing , then to the laity . collections were made among the papists ; writs of ship-money were issued out againe , in a greater proportion then before ; great loanes were attempted to be drawne from the city of london , to which purpose the names of the richest citizens were by command returned to the councell boord . but these waies being not sufficient , some other were made use of , which were of a nature more unusuall , as the seizing of bolloine in the tower ; the lord cottington also for the kings use tooke up a great commodity of pepper at the exchange , to be sold againe at an under rate . a consultation was also had of coyning . l. of base money , upon allegation that queen elizabeth had done the like for her irish warres , but the king waved that , upon reasons which the merchants gave of the inconveniencies of it . the scots hearing of the breach of this english parliament , thought it high time to provide for their owne safety ; and being restrained in their trade , and impoverished by losse of ships seized in divers parts , resolve to enter england with a sword in one hand , and a petition in the other ; signifying in the meane time to the people of england in two large remonstrances , what their intentions were to that nation , and the reasons of their entrance ; which who so pleases , may reade at large in their printed booke . when the king had notice of the scots intentions , a fleet was forthwith sent to annoy the maritime coasts of scotland , and a land army to meet at yorke , where the earle of strafford , as president of the north , commanded in chief , though the earle of northumberland at the time of raising the army was named generalissimo , but for want of health could not be present . a great magazine of ammunition had been sent to hull , newcastle , and berwick , the castle of edenburgh being kept by riven , a firme man to the kings side . but in the expedition of the kings army towards the north , it was a marvellous thing to observe in divers places the aversenesse of the common souldiers from this warre . though commanders and gentlemen of great quality , in pure obedience to the king , seemed not at all to dispute the cause or consequence of this warre ; the common souldiers would not be satisfied , questioning in a mutinous manner , whether their captaines were papists or not , and in many places were not appeased till they saw them receive the sacrament ; laying violent hands on divers of their commanders , and killing some , uttering in bold speeches their distaste of the cause , to the astonishment of many , that common people should be sensible of publike interest and religion , when lords and gentlemen seemed not to be . by this backwardnesse of the english common souldiers , it came to passe that the warre proved not so sharpe and fatall to both nations , as it might otherwise have done . some blood was shed , but very little , first at newburne , a towne five miles distant from newcastle , where part of the english army encamped to intercept the passage of the scots , as they marched toward newcastle . but many of the english souldiers forsooke their commanders and ●led , sooner then the use of that nation is to do in warre : but the english horse made good a fight , and with great courage and resolution charged upon the scots , but all in vaine , their number being too small . in this skirmish which happened upon the . of august , the number of men slaine on both sides is not related , either by the english or scottish relation ; but certaine it is , that it was not great . three valiant and active commanders of the english army were taken prisoners , colonell wilmot sir john digby , and oneale , the two latter being papists , and both captaines of horse . this fight opened that rich towne of newcastle to the scots , and within few daies after , they put a garrison into durham , commanded by the earle of dumferling , and taking that fort of newcastle upon tine , intercepted some ships which were newly arrived there with provision of corne for the kings army . some blood was also shed about the same time , when part of the english garrison at berwick , hearing that some ammunition was layed up in a little towne of scotland , dunsian , made an attempt upon it , but found it better fortified then was expected , and were repelled with some slaughter ; from whence hearing that a greater power of scots was making toward them , under the command of the lord hadinton , ( who unfortunately perished afterward , blowne up with powder at dunglasse ) they returned to berwick . the king , during these skirmishes , had by proclamation warned all the english nobility , with their followers and forces , to attend his standard at yorke against the scots , the . of september ; where whilest himselfe in person resided , he received an humble petition from the scots , containing an expression of their loyalty to him , and the innocence of their intentions toward england . but their expressions were in such generall termes , that the king returned answer to the earle of lanurick , secretary for scotland , commanding them to specifie their demands more particularly : which whilest the scots prepared to do , it pleased god to open the hearts of many english lords , who considering and bewailing the great calamity and dishonour which england was then throwne into , by these unhappy proceedings of the king , framed an humble letter , subscribed by all their hands , and sent it to his majesty , wherein they represent to him the miserable condition of the kingdome , and mischiefes attending that wicked warre ; as the danger of his person , the waste of his revenue , the burden of his subjects , the rapines committed by that army which he had raised ; wherein papists , and others ill-affected to religion , are armed in commands , who are not by the lawes permitted to have armes in their owne houses ; the great mischiefe which may fall upon the kingdome , if his intentions , which are reported of bringing in irish and forraigne forces , should take effect ; the urging of ship-money ; the multitude of monopolies and other patents , to the great and universall grievance of his people ; the great griefe of the subjects , for the long intermission of parliaments , for dissolving of the last , and former dissolutions of such as have been called , without any good effect : for remedy whereof , and for prevention of future dangers to his owne royall person , and the whole state , they humbly intreat his majesty , that he would be pleased to summon a parliament within some short and convenient time , whereby the causes of these , and other great grievances , which the people lye under , may be taken away , and the authors and counsellors of them , may be brought to legall tryall , and condigne punishment ; and that this war may be composed without blood , in such manner as may conduce to the honour and safety of his majesty , the comfort of the people , and uniting of both kingdomes , against the common enemy of the reformed religion . subscribed by almost twenty earles and barons . the king receiving this message from the peeres of england ; by his proclamation ordained a day , which was upon . of september , for all the lords to meet at yorke , to whom he declared , that of his owne free accord he had determined to call a parliament in england , to begin as soone as possibly could be , allowing the usuall time for issuing out of writs , which was upon the third of november ensuing , . but he desired first to consult with them , what answer to returne to the scots demands , and how with his honour he might deale with them , who had so boldly invaded england . and to make them understand the whole state of the businesse , he commanded the earle of traquare , who had beene his commissioner there , to relate all occurrences since the beginning . he desired likewise their advice how his army might be payed before supplies of parliament could come . after many debates , and different opinions in point of honour and convenience ; it was at last agreed by the greater part of peeres , and so conluded , that sixteene lords should be chosen to treat with the scots , and agree upon what conditions they thought fit . eight earles were named , bedford , essex , hartfort , salisbury , warwick , holland , bristoll , and barkshire ; as likewise eight barons , wharton , paget , kim●olton , brooke , pawlet , howard , savile , and dunsmore . the scots were required to send as many with full commission , to whom letters of safe conduct in the amplest manner were granted . when the matter came to debate , the earle of bristoll for the most part was prolocutour to the english , and the earle of lowden to the scots . after many demands on both sides , and expostulations upon sleighter matters , which were easily reconciled , there was one point , which seemed too hard a case in the eyes of the english peeres , that the scottish army should be payed by the english , whilest their owne army was in great distresse by reason of arreares . but in conclusion , those honest lords , who understood the condition of that unhappy warre , were content upon any termes to make an end of it ; and in conclusion an agreement was made upon these termes : . a truce or cessation of armes for two moneths , till the . of december . . that . l. a day should be paid to the scots , during that truce . . that if it were not payed , the scots might force it from the counties of northumberland , cumberland , westmerland , and durham . . that those counties should be allowed the scots for their winter quarters . . no new preparations for warre to be made . . that private injuries should not breake the truce , so satisfaction were made upon complaint . . that merchants might freely traffique in either kingdome , without letters of safe conduct , but souldiers without leave might not passe their limits . upon such termes was this unnaturall warre ( although the armies could not as yet be disbanded ) brought to a cessation ; and both nations rested in assured confidence , that a peace must needs follow , since the whole matter was now to be debated in the english parliament , which was to begin about a fortnight after ; for it was likely that a parliament should put a period to that warre , which could never have been begun , but for want of a parliament . they were also confident , that that freedome which the fundamentall lawes and constitutions of the kingdome of england allow to parliaments , could not be denyed to this ( though to many others it had long been ) as being that parliament , to which the king was necessitated ; and the onely way which was now left him to tread , after so many deviations unfortunately tried ; and upon which the people had set up their utmost hope , whom it seemed not safe after so long suffering , to provoke any further . in what a desperate condition the kingdome of england was at that time , what necessity there was of a present cure , with how much difficulty that cure was to be wrought , and with what warinesse and wisdome it concerned both king and people to play their parts , a judicious reader may partly conjecture by the former passages already related . but further to enlighten the reader ( for in this plaine relation i shall be sparing to use any descants of my owne ( i will referre him to speeches which at the beginning of this parliament were made by judicious gentlemen , and those of greatest moderation , labouring as much as they could possibly to spare the king , and touch tenderly upon his honour , which i shall mention anon . according to the reason of the parliament and kingdome , went along the sence of courtiers themselves ( as was expressed in an ingenuous treatise found in the privy chamber ) concerning the condition in which the king and kingdome of england were in , when this so much expected parliament was to begin . chap. vii . the beginning of the english parliament . grievances examined . sufferers relieved . delinquents questioned . the archbishop of canterbury committed to the tower. the flight of secretary windebanke , and of the lord keeper finch . on the third of november . the parliament began ; where the king expressed himselfe very well , in a speech gracious and acceptable to both houses ; who did not expect from him any such acknowledgement of former errours , as might seeme too low for the majestie of his person ; but onely desired to gaine his affection for the future . very pleasing to them all was that gracious expression , that he did now cleerly and freely put himselfe upon the love and affections of his english subjects , desiring them to consider the best way for the safety and security of the kingdome of england ; and in order to it , for satisfaction of their just grievances , wherein he would so heartily concur , that the world might see his intentions were to make it a glorious and flourishing kingdome . in which businesse he did freely and willingly leave it to them where to beginne . he desired also that all jealousies and suspitions might be layed aside by them , which he promised to doe on his part . and withall , to give some reasonable colour to his former warre , whether to excuse or justifie the proceedings of it , hee seemed as yet much distasted with the boldnesse of the scots , who had entred england with an army against his will ; calling them by the name of rebels ; and that it concerned the honour of him and england , to drive them out againe . and in his second speech , two daies after , i told you ( said he ) that the rebels must be put out of this kingdome ; it is true , i must needs call them so , so long as they have an army that do invade us ; although i am under treaty with them , and under my great seale doe call them subjects , for so they are too . his desire to have them out , was sweetned with that reason , that he was sensible how much his english subjects of the north would suffer otherwise . all which , with more particulars , was set forth in a long oration by the lord keeper finch ; who likewise justified the kings intention of calling this parliament , before the peeres petitioned him at yorke . though the king were thanked for his grace toward his english parliament ; yet that motion of expelling the scots , was otherwise considered of by the houses , as will appeare in the particulars of it : for about a weeke after it was ordered by the house of commons , that l. should be paid to the two armies , to be levied rateably upon all the counties of england , ( except the northerne counties , which were then charged ) and till it could be leavied the money to be taken up at interest . and scottish commissioners were allowed to come and exhibite their complaints , and dispute the businesse at london ; who accordingly came thither about the nineteenth day of the same moneth , for the businesse was not yet ended , but still in treaty , which treaty ( as the king said in his speech ) was but transported from kippon to london . before the great cure , which was expected from this parliament , could go on , it was necessary that some time should be spent in searching and declaring the wounds , which in divers elegant and judicious speeches , was done by some members of both houses . the abuses which of late yeares had been committed about religion , and the manifold violations of lawes and liberties , were upon the first day after the house of commons was setled , being the ninth of november , enumerated and discoursed upon by master grimston , sir benjamin rudierd , master pym , and master bagshaw , and the abuses of ireland , reflecting much upon the earle of strafford , were opened by sir john clotworthy of devon , but living in ireland . the like speeches for many daies following , were made by divers gentlemen of great quality ; where in the midst of their complaints , the king was never mentioned , but with great honour . they alwaies mixing thanks for the present hope of redresse , with their complaints of former grievances . the first of which they rendred to the king , and threw the other upon his ministers ; of which if the reader would see a perfect exemplar , sir benjamin rudyerd his speech ( the second that was delivered in the house ) will best discover the present state of grievances , and the way of sparing the king , a religious , learned , and judicious gentleman . cujus erant mores , qualis facundia . whose speech i shall wholly insert , that the condition of the state may the better bee understood . master speaker : wee are here assembled to doe gods businesse , and the kings , in which our owne is included , as we are christians , as we are subjects : let us first feare god , then shall we honour the king the more ; for i am afraid we have beene the lesse prosperous in parliaments , because we have preferred other matters before him . let religion be our primum quaerite , for all things else are but et caetera's to it ; yet we may have them too , sooner and surer , if we give god his precedence . we well know what disturbance hath been brought upon the church for vaine petty trifles ; how the whole church , the whole kingdome , hath been troubled , where to place a metaphor , an altar . we have seene ministers , their wives , children , and families undone , against law , against conscience , against all bowels of compassion , about not dancing upon sundaies : what do these sort of men thinke will become of themselves , when the master of the house shall come and finde them thus beating their fellow servants ? these inventions were but sives , made of purpose to winnow the best men , and that is the devills occupation . they have a minde to worry preaching ; for i never yet heard of any but diligent preachers that were vext with these and the like devices . they despise prophecy , and as one said , they would faine be at something were like the masse , that will not bite ; a muzzled religion . they would evaporate and dis-spirit the power and vigour of religion , by drawing it out into solemne and specious formalities , into obsolete antiquated ceremonies , new furbish'd up . and this ( belike ) is that good worke in hand , which doctor heylin hath so celebrated in bis bold pamphlets : all their acts and actions are so full of mixtures , involutions , and complications , as nothing is cleare , nothing sincere , in any of their proceedings : let them not say , that these are the porverse suspitions , malicious interpretations of some factious spirits amongst us , when a romanist hath bragged and congratulated in print , that the face of our church begins to alter , the language of our religion to change : and sancta clara hath published , that if a synod were held non intermixtis puritanis , setting puritans aside , our articles and their religion would soone be agreed . they have so brought it to passe , that under the name of puritans , all our religion is branded , and under a few hard words against iesuites , all popery is countenanced . whosoever squares his actions by any rule , either divine or humane , he is a puritan : whosoever would be governed by the kings lawes , he is a puritan . he that will not do whatsoever other men would have him do , he is a puritan . their great worke , their masterpiece now is , to make all those of the religion , to be the suspected party of the kingdome . let us further reflect upon the ill effect these courses have wrought , what by a defection from us on the one side , a separation on the other ; some imagining whether we are tending , made hast to turne or declare themselves papists before hand ; thereby hoping to render themselves the more gracious , the more acceptable . a great company of the kings subjects , striving to hold communion with us ; but seeing how farre we were gone , and fearing how much further we would go , were forc'd to fly the land , some into other inhabited countries , very many into savage wildernesses , because the land would not beare them . do not they that cause this cast a reproach upon the government ? master speaker : let it be our principall care , that these waies neither continue , nor returne upon us ; if we secure our religion we shall cut off and defeat many plots that are now on foot by them and others . beleeve it , sir , religion hath been for a long time , and still is the great designe upon this kingdome . it is a knowne and practised principle , that they who would introduce another religion into the church , must first trouble and disorder the government of the state , that so they may worke their ends in a confusion , which now lies at the doore . i come next , master speaker , to the kings businesse more particularly ; which indeed is the kingdomes , for one hath no existence , no being , without the other , their relation is so neere ; yet some have strongly and subtilly laboured a divorse , which hath been the very bane of both king and kingdome . when foundations are shaken , it is high time to looke to the building ; he hath no heart , no head , no soule , that is not moved in his whole man , to looke upon the distresses , the miseries of the common-wealth , that is not forward in all that he is and hath , to redresse them in a right way . the king likewise is reduced to great straights , wherein it were undutifulnesse beyond inhumanity to take advantage of him : let us rather make it an advantage for him , to do him best service , when he hath most need , not to seeke our owne good , but in him , and with him , else we shall commit the same crimes our selves , which we must condemne in others . his majesty hath cleerely and freely put himself into the hands of this parliament ; and i presume , there is not a man in this house , but feeles himself advanced in this high trust ; but if he prosper no better in our hands , then he hath done in theirs , who have hitherto had the handling of his affaires , we shall for ever make our selves unworthy of so gracious a confidence . i have often thought and said , that it must be some great extremity , that would recover and rectifie this state , and when that extremity did come , it would be a great hazard , whether it might prove a remedy or ruine . we are now , master speaker , upon that verticall turning point , and therefore it is no time to palliate , to foment our owne undoing . let us set upon the remedy ; we must first know the disease ; but to discover the diseases of the state , is ( according to some ) to traduce the government ; yet others are of opinion , that this is the halfe way to the cure. his majesty is wiser then they that have advised him , and therefore he cannot but see and feele their subverting destructive counsels , which speak lowder then i can speak of them ; for they ring a dolefull deadly knell over the whole kingdome : his majesty best knowes who they are . for us , let the matters bolt out the men , their actions discover them . they are men that talk largely of the kings service , yet have done none but their owne , and that is too evident . they speak highly of the kings power ; but they have made it a miserable power , that produceth nothing but weaknesse , both to the king and kingdome . they have exhausted the kings revenue to the bottome , nay through the bottome , and beyond . they have spent vast sums of money wastfully , fruitlesly , dangerously ; so that more money without other councels , will be but a swift undoing . they have alwaies peremptorily pursued one obstinate pernicious course ; first , they bring things to an extremity , then they make that extremity of their owne making , the reason of their next action , seven times worse then the former ; and there we are at this instant . they have almost spoiled the best instituted government in the world , for soveraignty in a king , liberty to the subject , the proportionable temper of both which , makes the happiest state for power , for riches , for duration . they have unmannerly , and slubbringly , cast all their projects , all their machinations , upon the king , which no wise or good minister of state ever did , but would still take all harsh , distastefull things , upon themselves , to cleare , to sweeten their master . they have not suffered his majesty to appeare unto his people in his owne native goodnesse . they have ecclipsed him by their interpositions . although grosse condense bodies may obscure and hinder the sun from shining out , yet he is still the same in his owne splendour . and when they are removed , all creatures under him are directed by his light , comforted by his beames . but they have framed a superstitious seeming maxime of state for their owne turne , that if a king will suffer men to be torne from him , he shall never have any good service done him . when the plaine truth is , that this is the surest way to preserve a king from having ill servants about him ; and the divine truth likewise is , take away the wicked from the king , and his throne shall be established . master speaker : now we see what the sores are in generall ; and when more particulars shall appeare , let us be very carefull to draw out the cores of them , not to skin them over with a slight suppurating festring cure , least they breake out againe into a greater mischiefe : consider of it , consult , and speake your minds . it hath heretofore been boasted , that the king should never call a parliament , till he had no need of his people : these were words of division , and malignity . the king must alwaies , according to his occasions , have use of the peoples power , hearts , hands , purses ; the people will alwaies have need of the kings clemency , iustice , protection : and this reciprocation is the strongest , the sweetest union . it hath been said too of late , that a parliament will take away more from the king , then they will give him . it may well be said , that those things which will fall away of themselves , will enable the subject to give him more then can be taken any way else . projects and monopolies are but leaking conduit-pipes ; the exchequer it selfe at the fullest , is but a cisterne , and now a broken one ; frequent parliaments onely are the fountaines , and i do not doubt , but in this parliament , as we shall be free in our advices , so shall we be the more free of our purses , that his majesty may experimentally finde the reall difference of better councels , the true solid grounds of raising and establishing his greatnesse , never to be brought againe ( by gods blessing ) to such dangerous , such desperate perplexities . master speaker : i confesse i have now gone in a way much against my nature , and somewhat against my custome heretofore used in this place : but the deplorable , dismall condition , both of church and state , have so farre wrought upon my judgement , as it hath convin●ed my disposition ; yet am i not vir sanguinum ; i love no mans ruine : i thank god , i neither hate any mans person , nor envy any mans fortune , onely i am zealous of a thorow reformation , in a time that exacts , that extorts it . which i humbly beseech this house , may be done with as much lenity , as much moderation , as the publike safety of the king and kingdome can possibly admit . in so great a concurrence of businesse , and weighty affaires , concerning the safety , and the very being of three kingdomes , as farre as the parliament had leisure to consider and redresse the damages or other injuries of particular persons ; their first care was to vindicate distressed ministers , who had been imprisoned , or deprived by the bishops , and all others who in the cause of religion had been persecuted by them : many of those ministers , within few weeks after the beginning of the parliament were released from durance , and restored to their charges , with damages from their oppressours ; many doctors and other divines , that had been most busie in promoting the late church innovations about altars and other ceremonies , and therefore most gracious and flourishing in the state , were then questioned and committed , insomuch as the change , and the suddennesse of it , seemed wonderfull to men , and may worthily serve as a document to all posterity . quam fragili loco starent superbi . in what fraile places stand the proudest men . among divers others of this kinde , and the most remarkable of all , was that reliefe which the parliament , immediately upon their first sitting , gave to three persecuted gentlemen , doctor bastwick a phisitian , master prynne a lawyer , and master burton a minister . the whole passage of whose story we will here insert in one continued discourse , that it may not hereafter interrupt any other relations of businesse . these three men , for the same offence , or very little differing in substance , ( as those that read their extant bookes may perceive ) not being able to containe themselves in such a cause , had written against the manner of english episcopacy , and those inconveniencies , or extravagancies , which , as they conceived , flowed from it , to the prejudice of purity in religion ; for which offence they were all three heavily censured in the high commission court , at severall times , and committed to severall prisons , where they long remained in durance , till afterward their cause was brought into the starre-chamber , where they received a sad doome ; and the same day stood all three upon pillories in westminster pallace yard , where their eares were likewise cut off . it seemed , i remember , to many gentlemen ( and was accordingly discoursed of ) a spectacle no lesse strange then sad , to see three of severall professions , the noblest in the kingdome , divinity , law , and phisick , exposed at one time to such an ignominious punishment , and condemned to it by protestant magistrates , for such tenents in religion , as the greatest part of protestants in england held , and all the reformed churches in europe maintained . but the court of starre-chamber seemed to take cognizance onely of their unlawfull publishing those tenents , and disobedience to the authority then in being . this was but the beginning of their punishment ; they were afterward banished to remote places of the kingdom , and there kept in close and solitary consinement , not allowed pen and paper , nor the sight of any friends , no not so much ( for two of them were married ) as of their owne wives . their imprisonments , at severall removes , were in the castles of lanceston , lancaster , carnarvon , and isles of sylly , garnsey , and iersey . these three , within five daies after the parliament began to sit , were sent for home from their banishment ; and accordingly master prynne , and master burton , upon the . of november came into london , ( doctor bastwick within few daies after in the same manner ) being met upon the way , some few miles from london , and brought into the city by five thousand persons , both men and women , on horseback , who all of them wore in their hats rosemary and bayes , in token of joy and triumph . the discourses of men upon this action , were very different , some both of the clergy , of the court , and other gentlemen besides , did not conceale their dislike of it , affirming that it was a bold and tumultuous affront to courts of justice ; and the kings authority : others , who pittied the former sufferings of those men , and they that wished reformation in matters of justice , were pleased with it ; hoping that it would worke good effects in the kings minde , and make him sensible how his people stood dis-affected to the rigour of such proceedings ; and esteemed it as a good presage of the ruine of those two courts , the high commission , and star-chamber . which proved true within halfe a yeare after . how it wrought at that present upon the king , is not knowne . but actions of that nature , where the people of their owne accords , in a seeming tumultuous manner , do expresse their liking or dislike of matters in government , cannot have alwaies the same successe , but worke according to the disposition of the prince or governour , either to a sense causing reformation , or to an hatred of them as upbraiders of his actions , aut corrigunt , aut irritant . within a moneth after , the businesse of these three men , was by order of the parliament referred to committees to examine and report . upon which reports , not two moneths after , it was voted by the house of commons , that those judgements so given against them ( but severally for every one of the three ) were illegall , unjust , and against the liberty of the subject ; and within a month after voted that they should receive damages for their great sufferings ; and satisfaction should be made them in money , to be paid by the archbishop of canterbury , the high commissioners , and those lords who had voted against them in the star-chamber ; that they should be againe restored to their callings , and receive master burton . l. and master prynne . l. doctor bastwick in a vote by himself was given the like summe . as these were comforted after their sufferings , so other divines ( for the beginning of this parliament seemed a little doomesday ) after a short pleasure were brought to their torment . a committee was made to enquire of scandalous ministers ; which appeared in two kindes ( and were accordingly censured ) either loose livers , and men of a debauched behaviour , for many such were gotten into good preferments , and countenanced to affront the puritans ; or else offendours in way of superstition ; of the former sort many were in short time accused , by degrees censured , and turned out of their livings : of the latter sort there was no small number of offendors , nor in likelihood could that , which had beene the way to all high preferments , want walkers in it . among all the men of his ranke , dr. coosens , master of saint peters colledge in cambridge , was most noted for superstitious and curious observations in many kindes ; a man not noted for any great depth of learning , nor yet scandalous for ill living , but onely forward to shew himselfe in formalities and outward ceremonies concerning religion , many of which were such as a protestant state might not well suffer . this man was questioned upon many articles , some by himselfe , some , where other divines were joyned with him , imprisoned he was , afterwards bayled ; and though deprived of some preferments , yet escaped without any great punishment , and was one of them , in that crowd of offendors , who might rejoyce that the parliament had so much businesse . but greater clergymen then doctor coosens were then to come upon the stage ; bishop wrenne a man guilty of the same crime in superstition , that coosens was , as farre as concerned his owne person , but farre more guilty as a magistrate , and able to impose it upon others , was upon the . of december accused of treason , and entred into a recognizance of l. to appeare , with three sureties ingaged each of them in bonds of . l. this wrenne being bishop of norwich , a diocesse in which there were as many strict professors of religion ( commonly called puritans ) as in any part of england , had there violently pressed superstitious ceremonies , or such as they conceived so , upon them , put downe accustomed lectures , and deprived many ministers much beloved and reverenced among them . by which rigour he grew accidentally guilty of a wonderfull crime against the wealth and prosperity of the state. for many tradesmen ( with whom those parts abounded ) were so afflicted and troubled with his ecclesiasticall censures and vexations , that in great numbers , to avoid misery , they departed the kingdome , some into new england , and other parts of america , others into holland , whether they transported their manufactures of cloth , not onely a losse by diminishing the present stock of the kingdome , but a great mischiefe by impairing and indangering the losse of that peculiar trade of clothing , which hath been a plentifull fountaine of wealth and honour to the kingdome of england , as it was expressed in the parliament remonstrance ; but more particular crimes were laid against the bishop , which there may be occasion to discourse of hereafter , in the proccedings against him . the day before bishop wrenne was accused , being the . of december , a greater man , both in church and state , william laud , archbishop of canterbury , was voted in the house of commons guilty of high treason ; master denzill hollis , a member of that house , was sent up to the lords , to appeach him there ; upon which he was sequestred , and confined to the black rod. he was also charged by the scottish commissioners , together with the earle of strafford , as a chiefe incendiary in the late warre betweene both nations ; and divers articles laid against him ; which to examine and discusse further , a committee was appointed . upon the . of february , master pymme made report to the house of commons , what hainous and capitall crimes were objected against him : upon which the house fell into a serious debate , and a charge of high treason in fourteene articles was drawne up against him ; which charge two daies after was sent from the house of commons by master pymme up to the lords . the archbishop was that day brought before the lords , to heare that charge read ; and it was there voted , that he should immediately be sent to the tower ; but upon his earnest suit , for some speciall reasons , he was two daies longer suffered to abide under the black rod , and then accordingly sent to the tower ; where we will leave him● till the course of this narration bring him to further triall upon those articles . civill offendors , as well as ecclesiasticall , must needs be many , in so long a corruption of government ; of whom one , as he was first in time , and soone le●t the stage , besides his chiefe crime concerning matters of church and religion , so he shall first be named . sir francis windebanke , principall secretary of estate , a great favourite and friend to the archbishop of canterbury , and by his friendship , as was thought , advanced to that place of honour , was upon the of november questioned in an high kinde concerning popish priests ; of whom in that seven or eight yeares that he had been secretary , he had bayled a great number , and released many by his power , contrary to the lawes made , and then in force against them ; which being examined by a committee , and certaine to prove foule against him , as it did afterward ; for upon examination there were proved against him . letters of grace to recusants within foure yeares , signed with his owne hand , priests discharged from the gate-house , discharged by a verball warrant from him ; he thought it his best course , before triall , to fly the land ; so that upon the fourth of december newes was brought to the house , that secretary windebanke , with master read his chiefe clarke , was fled ; and soone after , notice was given that he arrived in france , where he long continued . about that time came the great businesse of ship-money into debate in parliament ; and was voted by both houses to be a most illegall taxation , and unsufferable grievance ; in reference to which case , almost all the judges were made delinquents , for their extrajudiciall opinions in it , as more particularly will afterward appeare . as for other petty grievances , such as were the multitude of monopolies upon all things , and commodities of greatest and most familiar use ; the house daily condemned them , and the delinquents of meaner note in that kinde , were examined and censured , too many to be here named : nay , so impartiall was the house of commons in that case , that many of their owne members , who had been guilty of such monopolies , were daily turned out of the house for that offence . but the businesse of ship-money , did reflect with a deeper staine of guilt upon the then lord keeper finch , then upon any of the other judges whatsoever , for his great activity and labouring in it , by threats and promises working upon the other judges , as we finde alleadged against him . sir john finch , in the yeare . when that taxation of ship-money was first plotted and set on foot , was newly made lord chiefe justice of the common pleas , a man in favour with the king , and many of the greatest lords in court , having before been the queenes attorney , a gentleman of good birth , of an high and imperious spirit , eloquent in speech , though in the knowledge of the law not very deepe . upon the death of the lord keeper coventry about december . the king was pleased to conferre that high trust of keeping the great seale upon him ; which office at this time he held . upon the seventh of december , when ship-money was fully debated , and absolutely damned by the house of commons , and the offence of the judges began to be scanned , sixteene gentlemen of that house were chosen to examine those judges , that had given their extrajudiciall opinions for it ( for three gave their opinions otherwise : the arguments of two , judge crooke , and judge hutton , were very famous ; baron denham , by reason of sicknesse , could not declare his opinion in so large a manner ) what threats or promises had been used to them , and by what persons . upon which examination , and further light given , the next day a committee was named to draw up charges against the judges , and against the lord finch , then lord keeper , a charge of high treason . he not many daies after , became an humble su●tor to the house of commons , that before the charge of high treason were delivered against him , they would be pleased to heare him ore tenus in their owne house . his suit was granted ; and the next day save one , in a long oration he endeavoured to cleare himselfe ; but all in vaine was that endeavour , though his deportment were very humble and submissive , and his speech full of perswasive rhetorick , it could not prevaile to divert the judgement , though many in the house were moved to a kinde of compassion . he , either secretly informed by friends , or himself perceiving by evident signes , how things were likely to go with him , conceived it best to use a timely prevention , and the next day disguised fled , and soone crossed the seas into holland . after his flight , he was voted by the house of commons guilty of high treason for foure causes : . disobeying the house , in refusall to speake at their command , when he was speaker in parliament , in the fourth yeare of king charles . . for threatning some judges in the matter of ship-money . . for his illegall and cruell judgements in the forrest businesse , when he was lord chiefe justice of the common pleas. . for drawing that injurious declaration after dissolution of the last parliament . upon which a charge was drawne up against him , and carried up to the lords upon the . of ianuary , three weeks after his flight , by the lord fawkland ; who presented it with a very pithy and sharpe oration against the man. these two last delinquents ( though men of eminent place in the common-wealth ) as they did not long trouble the parliament , nor much retard the progresse of publike businesse , preventing their trialls by timely flight , so can they take up no large roome in this historicall narration . chap. viii . the tryall and death of the earle of strafford . conspiracies detected during the agitation of it . an act for continuance of this present parliament . with a mention of that grant of the trienniall parliament in february before . but now a greater actor is brought upon the stage , thomas earle of strafford , lieutenant of ireland , a man too great to be let escape ; no sooner accused but surprized , and secured for a tryall . which tryall of his , if we consider all things , the high nature of the charge against him ; the pompous circumstances , and stately manner of the triall it selfe ; the time that it lasted ; the pretiousnesse of that time so consumed ; and lastly , of what moment and consequence the successe of it must prove , i may safely say , that no subject in england , and probably in europe , ever had the like . so great it was● that we can hardly call it the triall of the earle of strafford onely ; the kings affections toward his people and parliament , the future successe of this parliament , and the hopes of three kingdoms depending on it , were all tryed , when strafford was arraigned . many subjects in europe have played lowder parts upon the theater of the world , but none left it with greater noise ; nor was the matter of his accusation confined within one realme ; three whole kingdoms were his accusers , and eagerly sought in one death a recompence of all their sufferings : that we may say of his case , as claudian of ruffinus . offensis ruffinum divide terris . within ten daies after the parliament began , the earle of strafford newly returned from the north , was sitting in the house of lords ; when master pymme , an ancient gentleman of great experience in parliamentary affaires , and no lesse knowne fidelity to his country , came up to the lords , and in the name of all the commons of england , accused thomas earle of strafford , lord lieutenant of ireland , of high treason ; and desired their lordships that he might be sequestred from parliament , and forthwith committed to prison ; as also to let them know , that the commons within very few daies would resort to their lordships with the particular articles and grounds of this accusation . the earle was required to withdraw ; and after a debate thereof , called in , was committed to safe custody to the gentleman usher ; and immediately after , upon the . day of november , a serjeant at armes was sent into ireland for sir george ratliffe , a great favourite of the earles , and one that under him had beene very active in the oppression of ireland ; a man of subtle wit , and knowledge of the law ; as having before beene educated at the innes of court , and taken the degree of barrister . sir george accordingly upon the fourth of december came in , and yeelded himselfe to the speaker ; from whence he was committed to custody . and foure daies after the lords of parliament sent the earle of strafford to the tower , with a strict command to the lieutenant , that he should keepe a close guard upon him . much time was interposed betweene the severall proceedings against this earle of strafford , by reason of the multiplicity of weighty businesse which the parliament then had . but before the end of ianuary , a long charge was read against him in the house of commons , and a message not long after sent to the lords , to desire that he might be sequestred from all his places of dignity and honour , in england and ireland . the charge against him consisted of nine articles , which afterwards upon a further impeachment , were extended to eight and twenty . all those articles are to be seene at large in the records : but for further satisfaction of the reader , i will give a briefe touch of the scope of them . the first and second being much alike , concerning his ruling of ireland , and those parts of england , where his authority lay , in an arbitrary way , against the fundamentall lawes of the kingdome , which lawes he had indeavoured to subvert . thirdly , his retaining part of the kings revenue , without giving a legall account . fourthly , the abusing of his power , to the increase and incouragement of papists . fifthly , that he maliciously had indeavoured to stir up hostility betweene england and scotland . sixthly , that being lieutenant generall of the northerne army , he had wilfully suffered the scots to defeat the english at newburne , and take newcastle ; that by such a losse and dishonour , england might be ingaged in a nationall and irreconcileable quarrell with the scots . seventhly , that to preserve himselfe from questioning , he had laboured to subvert parliaments , and incense the king against them . eightly and lastly , that these things were done during the time of his authority as deputy of ireland , and lieutenant generall of the northerne armies in england . the commons , saving to themselves a liberty of further impeachment against the said earle , &c. do require his legall answer to all . the further impeachment , consisting of . articles , was for the most part branched out of these , and insisted upon in more particulars , concerning his tyranny in ireland over divers persons , contrary to law. concerning which the reader must be referred to the records themselves , as being too large to be here inserted . the earle of strafford upon the . of february was brought before the lords , to give in his answer ; which he accordingly did ; the king himself being there present to heare it read . it was very large , and when it was done , he was sent back to the tower , there to remaine till further order . a committee being appointed to consider of that businesse , upon the fourth of march following made report in the house , that they would mannage and maintaine their accusation of treason against him ; and thought it not fit to reply to his answer , but call him to speedy triall . immediately upon which , a conference was had with the lords concerning that triall , and some circumstances which were thought fit to be used at it . the commissioners of scotland had likewise a charge against the earle of strafford ; concerning those injuries , which , as they conceived , their nation and kingdome had suffered from him . but the substance of that charge was implyed in these articles before specified , which the parliament of england had exhibited against him . upon the . of march , . that remarkable tryall of the earle of strafford began . westminster hall was the place chosen , where scaffolds were raised on both sides , nine degrees in height ; whereof seven were appointed for the members of the house of commons to sit on , who were all there in a committee : the two upper degrees of the scaffold , were appointed for the commissioners of scotland , and the lords of ireland , who were then come over . in the midst , on a lower ascent , sate the peeres of england , the earle of arundell being lord high steward , and the earle of lindsey lord high constable . the throne was placed for the king : but the king comming thither ( which he did every day of the tryall ) sate private with the queene and other ladies , in a close gallery , made of purpose to heare the proceedings , and tooke notes himselfe in writing of them , the earle of strafford answered daily at the barre , whilest the whole house of commons , having put themselves into a committee , had liberty to charge him , every man as he saw occasion : but though many of them did sometimes speake , yet the accusasations were chiefly managed by two expert lawyers , master glynne , and master maynard , both members of the house . many foule misdemeanours , committed both in ireland and england , were daily proved against him : but that ward which the earle , being an eloquent man , especially lay at ; was to keepe off the blow of high treason , whatsoever misdemeanours should be layed upon him ; of which , some he denied , others he excused , and extenuated with great subtilty ; contending to make one thing good , that misdemeanours , though never so many and so great , could not by being put together make one treason , unlesse some one of them had been treason in its owne nature . every day the first weeke , from munday to saturday , without intermission , the earle was brought from the tower to westminster hall , and arraigned many houres together ; and the successe of every daies tryall , was the greatest discourse or dispute in all companies . for by this time the people began to be a little divided in opinions ; the clergy in generall were so much fallen into love and admiration of this earle , that the archbishop of canterbury was almost quite forgotten by them . the courtiers cryed him up , and the ladies , whose voices will carry much with some parts of the state , were exceedingly on his side . it seemed a very pleasant object , to see so many semproniaes ( all the chiefe court ladies filling the galleries at the tryall ) with penne , inke , and paper in their hands , noting the passages , and discoursing upon the grounds of law and state. they were all of his side ; whether moved by pitty , proper to their sex , or by ambition of being thought able to judge of the parts of the prisoner . but so great was the favour , and love , which they openly expressed to him ; that some could not but thinke of that verse : non formosus erat , sed erat facundus ulysses ; e●●amen aequoreas torsit amore deas . vlysses , though not beautifull , the love of goddesses by eloquence could move . but his triall in this manner lasted , with few daies intermission , from the . of march , till the midst of aprill following , the earle having personally answered ●i●teene daies . after all this long triall , the house of commons ●ell into debate about a bill of attainder against the earle of strafford ; and voted him guilty of high treason in divers particulars of that accusation , in which they had proceeded against him ; and in more particular he was voted guilty of high treason , for his opinion given before the king , at a secret councell , which was discovered by some notes of sir henry vane , who was also a privy councellor , and present at that time ; in which notes it was found that the earle of strafford had said to the king , that he had an army in ireland , which his majesty might imploy to reduce this kingdome to obedience . these notes sir henry vane , eldest sonne to the before named sir henry had found ( as he alleadged to the house ) in his fathers cabinet , and produced before the house without his fathers knowledge ; who seemed extreme angry with his sonne for it . this is related the more at large , because it was the first occasion ( that was open and visible ) whereby so eminent a member as the lord george digby was lost from the house of commons , as will afterward appeare : for that vote was opposed by the lord digby , and some others . neverthelesse a committee was appointed to draw up the bill of attainder , which was accordingly done , and read in the house of commons on the day of april , when the earle was againe voted guilty of high treason ; which was carried by farre the greater part ; for on the other side were but nine and fifty , of whom the lord digby was one ; who made to that purpose a very elegant , though much displeasing , speech in the house ; of which more hereafter . that bill of attainder was sent up to the lords , where after the reading of it , a great division was in that house , and many of the lords much opposed it . but master st. john , the kings solicitour , and a member of the house of commons , was appointed within few daies after to make good the bill by law , and give the lords satisfaction , which was accordingly done upon the . of april in westminster hall ; where the earle of strafford was present at the barre , and the king and queene seated in their usuall places . master st. john opened the branches of the bill , and in a discourse of two houres made it good by precedent statutes , and the like , to the satisfaction of almost all that heard him . but the king was not satisfied in conscience , as he declared to both houses two daies after , to condemne him of high treason ; and told them , no feares or respects whatsoever should make him alter that resolution , founded upon his conscience : but confessed , that his misdemeanors were so great , he held him unfit to serve him in any office whatsoever ; with other expressions of that kinde . the kings speech was somewhat displeasing to the houses ; but the city were out of patience , and within foure daies after came to westminster , about five thousand of them , crying for justice against the earle of strafford ; and following the lords , complaining that they were undone , and trading decayed for want of due execution of justice . the lords gave them good words , and promised them to acquaint the king with it . but the next day they appeared againe with the same complaint . their feares being more aggravated , by reason of reports , that attempts were made to get the earle out of prison ; upon which occasion some lords were sent to keepe the tower , and assist the lieutenant there . but the king was hard to be removed from his resolution , although the judges in the meane time had delivered their opinions in the house of lords concerning the earle of strafford ; and the lords had voted him guilty of high treason upon the ●i●teenth article , for leavying of money in ireland by force of armes ; and upon the nineteenth , for imposing an oath upon the subjects in ireland , that they should not protest against any of the kings commands . the king at last , wearied with these complaints , called a privy councell at white-hall , where he spent a great part of the day , calling also the judges to deliver their opinions before him , concerning the earle of strafford ; and sent for foure bishops , to resolve him upon scruple of conscience . after which he granted a commission to the earle of arundell , the lord privy seale , and the two lord chamberlaines , to signe that bill for the execution of the earle of strafford three daies after , being wednesday , the . of may , . which was accordingly done upon the scaffold on tower hill. this was the unfortunate end of that earle of strafford , whose character and actions have beene in some manner before described . of whom we may truly say , that as his life and councells had been of great moment and concernment in the state before , so did his death and tryall by unhappy accidents prove to be . the divisions and disturbances which his life could make , were not greater then those that his death occasioned . appianus observes of sylla the dictator , that as his living power had rob'd the romane senate of their freedome ; so did his very funerall : where so many of his old souldiers and hacsters followed the solemnity , that the senators who were present , durst not with freedome expresse their thoughts of him ; but were inforced to flatter him dead , as well as living . how farre the earle of strafford did in his life time divide the kings affections from his people and parliaments ( which was part of his charge ) i cannot surely tell ; but certaine it is , that his tryall and death ( which has made me insist the longer upon it ) did make such a division in that kinde , as , being unhappily nourished by degrees afterward , has almost ruined the three kingdomes . the length of his tryall , whilest two armies at an heavy expence were to be paid , and other businesse at a great stand , did divide some impatient people ( at least in some degree ) from the parliament ; the manner of his condemnation divided the parliament in it selfe ; and the eager pressing of his death did discover or cause a sad division of the king from his parliament . nine and fifty members of the house of commons dissented in vote from the rest , upon the bill of attainder , upon which some indiscreet persons ( for so i must needs esteeme them , though it was never knowne who they were , or by whose notice it was done ) the next day set up a paper upon the exchange , with the names of those nine and fifty , and a title over it , the names of those men , who to save a traytor , would betray their country . they that were thus posted up , supposing it to be done or caused by some of their house , were much provoked at it , many of them growing by degrees dis-affected to the parliament , ( not all , for there were among those dissenting gentlemen very wise and learned men ) and upon that unhappy distraction that fell out about a yeere after , forsooke the parliament . upon the same bill of attainder , the lord digby made his foresaid speech , which by a command from the house ( for he had printed it ) was to be burnt by the hangman , which was the visible cause of his deserting the parliament , and proving so great an actor against it , as shall hereafter be declared . the worst consequence of all was , that the kings heart did upon this occasion appeare to be quite alienated from the parliament . for to prevent the earle of straffords death , an escape for him out of the tower was contrived . to further which , and to curbe the parliament in other things by force of armes , a great conspiracy was entred into by many gentlemen of ranke and quality . the designe of this conspiracy had many branches , as shall appeare in the narration . the persons of chiefest note in it , were master henry percy , brother to the earle of northumberland , master henry jermin , the great favourite of the queene , to whom he was master of the horse , master goring , eldest sonne to the lord goring , master wilmot , eldest sonne to the lord wilmot , colonell ashburnham , captaine pollard , sir john suckling , oneale an irish man and a papist , with divers others of a more inferiour ranke , such as were privy but to some part of the designe : for it seemes their counsells were divided , and they not all guilty of the same things , as by their severall examinations upon oath appeared . but that which grieved the hearts of honest men , and made them almost despaire of that happinesse which was before hoped for by this parliament , was , that they discovered the king himself to be privy to this conspiracy against them ; which was plainly testified by colonell gorings examination ; as likewise by a letter written by master percy to his brother the earle of northumberland ; where he names the kings discourses with him , and the desire which the king had to joyne such as he thought fit with them . the conspirators had taken an oath of secrecy among themselves . the report made in parliament from committees after the examination of severall gentlemen , concerning this conspiracy , discovered many branches of their designe . one was concerning the tower of london , that soulders should have been put into it . for sir john suc●ling , and some others of the conspirators , under pretence of raising forces for the portugall , had gathered men in london , who were to possesse themselves of the tower. the lieutenant , sir william balfore , was commanded by the king himselfe to admit those souldiers into the tower. but he perceiving that it was a plot to let the earle of strafford escape , disobeyed that command of the kings , as appeared by his examination . in which is likewise specified , that the earle offered . l. in marriage with his daughter to the laeutenants sonne , if he would consent to the earles escape . another branch , and that the chiefe of this designe , was to bring up the english army , which was in the north , as yet undisbanded , and to engage it against the parliament , to awe the houses in diver● things concerning the kings prerogative and maintaining episcopacy , as master percy signified in the forementioned letter . to joyne with these forces , and strengthen the plot , a french army was to be landed at porismouth , and that towne for the same purpose was to be put into master jermins hands . the irish army , consisting of eight thousand , almost all papists , when the earle of strafford had escaped out of the tower , was to be brought over under his conduct , and engaged in the same service . all these things were confessed upon severall examinations . the parliament were most grieved to finde the king ●o ●arre in it ; and then re-called to minde , how his majesty on the . of aprill before , had told the houses , that he could not allow of the disbanding of the irish army for divers reasons best knowne to himselfe . the conspiracy being in some part detected , percy , jermyn , and suckling fled the day before they should have been examined , being the sixth of may , and passed into france , where suckling not long after dyed . but afterwards , upon the reading of a letter in the house upon the . of iune , sent by master percy out of france to his brother the earle of northumberland , wilmot , ashburnnam , and pollard , ( three members of the house of commons , mentioned in that letter , as privy to this conspiracy ) were commanded to withdraw , and then called in severally , examined , and committed , wilmot to the tower , ashburnham to the kings bench , and pollard to the gate-house ; from whence they were not long after released upon bayle , as being found guilty , not in so high a degree as others were . goring , upon his examination , dealt so cleerly with them , and so farre purged himselfe from evill intentions , that he was not at all committed by the parliament . oneale , who proved most guilty of that part of the conspiracy , for bringing up the english army against the parliament , was presently after apprehended , and committed to the tower , whence it was generally thought he would be brought to tryall for his life , and suffer ; but he made an escape . the parliament considering what great disturbance they began to finde in setling the state , what conspiracies had been on foot ; and doubtfull of the kings sincere affection towards them ; considering also what great disbursements of money were to be made for payment of two armies , and other charges for setling the state , to which purpose money was to be borrowed upon the publike faith ; by a joint consent of both hou●● , moved the king to signe a bill for continuance of this present parliament , that it should never be dissolved till both houses did consent , and agree that publike grievances were fully redrest . a bill was drawne up to that purpose , and the king , the same day that he signed the bill for execution of the earle of strafford , being the . of may , . signed that also for continuance of the present parliament . but in this place it is sit to insert what had past before in this kinde . the king upon the . of february before , had signed a bill , presented to him by both houses , for a parliament to be held in england every third yeare ; that the lord keeper , and chancellor of the dutchy , for the time being , should be sworne to issue forth the writs , and upon default to lose their places . the same day in the afternoone there was a conference betweene the two houses , to returne the king thankes ; upon which it was concluded that the whole house should go to the king to white-hall , and that the lord keeper , in the name of both houses , should returne their thankfulnesse to his majesty , which was accordingly done . expressions of joy , by order from the parliament , were that night made about london , with ringing of bells , making of bonesires , with such usuall things . it is observable in the course of histories , how much kings in such limited monarchies as that of england , do in time by degrees gaine upon the peoples rights and priviledges . that those things , which by constitution of the government , the people may challenge as due from the prince , having been long forborne , become at last to be esteemed such acts of extraordinary grace , as that the prince is highly thanked for granting of them . such was the case of this trienniall parliament , as both houses afterward , when the unhappy division began , and the king upbraided them with this favour , could plainly answer , that it was not so much as by law they might require , there being two statutes then in force , for a parliament once a yeere . the king himselfe also at the time when he granted that trienniall parliament , could not forbeare to tell them , that he put an obligation upon them in doing it , which they had scarse deserved . for hitherto ( said he ) to speake freely , i have had no great incouragement to grant it , if i should looke to the outward face of your actions or proceedings , and not to the inward intentions of your hearts , i might make question of doing it . but that grant which the king since passed upon the tenth of may , for continuance of the present parliament , not onely afterward by himselfe was much upbraided to them , but by many gentlemen , who were not well affected to their parliament , and all the faction of prelaticall clergy , in their ordinary discourse , was censured a greater grace then was fit for the king to grant . to such men , their discourses and writings , afterward , when the great distraction happened , and the warre was breaking out , the parliament in many of their declarations answered : that though there were in it some seeming restraint of the regall power in dissolving parliaments ; yet really it was no taking that power from the crowne , but sus-spending the execution of it for this time and occasion only . which was so necessary for the publike peace , that without it they could not have undertaken any of those great charges ; but must have left both the armies to disorder and confusion , and the whole kingdome to blood and ruine . for to pay the armies , and defray other necessary charges , money was to be borrowed upon the publike faith ; which had been nothing worth , if that parliament could have been dissolved at the kings pleasure . and where it was objected , that no king ever granted the like before ; they answered , it was evident , that no king before ever made so great a necessity for a parliament to require it . and besides that , in the constitution of englands government , it was never the meaning of the law-givers , that the king should dissolve any parliament , whilest the great affaires of the kingdome were depending ; and though the king had used to do so , it was neverthelesse unlawfull . the scots in their remonstrance . told the king , that he had broken their lawes in dissolving the parliament there , against the consent of their house . and it is very well understood by those that are skilfull in lawes of both nations , that english parliaments have originally the same freedome . it was neverthelesse probably then thought by all , that the king would not have assented to that act , if at that time the freshnesse of those fore-mentioned grievances in the peoples hearts , and the present discovery of that odious treason , of bringing an army against the parliament , had not made it unsafe for him to deny . that opinion was more confirmed by the following actions , since time , and the unconstancy of some lords and gentlemen , had raised him a party . when that knot , which by law he could not againe untie , he indeavo●●●● to cut a sunder by the sword ; as was afterwards observed in the parliaments declarations . chap. ix . allowance of money from the english parliament to the scots . the vast charge of disbanding the two armies . the great taxations for that purpose , and the manner of poll money . the people take a protestation . an act for putting downe the high commission court , and starre-chamber ; with other occurrences of that time . the queene mother departeth england . the king goeth into scotland . the parliament , conceiving themselve● somewhat strengthened and secured by by that act of continuance , began to fall upon the maine businesse of the kingdome ; but their first desire was to ease themselves of that unsupportable charge of keeping two armies in pay . it was therefore resolved , that both the armies should forthwith be disbanded . the earle of holland was nominated by the king , and well approved of by the parliament , to go down as generall , for disbanding of the english. and for the speedy disbursement of so great a summe , which was to be raised out of the poll-money ( of which i shall speake anon ) and the ●ix subsidies ; much pla●e was appointed with more then ordinary haste to be melted and coyned . the reader will here perchance desire to be satisfied , by what meanes the scottish army , which the king in the beginning of the parliament , was so d●sirous to have driven out of the kingdome , and stiled rebells , should continue undisbanded till this time . the cessation of armes , which was made before , to expire about the end of december last , was at that time renewed by the parliament for a moneth longer ; who presently after tooke it into consideration , that the scots should be satisfied for all their charges they had been at , and losses sustained since that unhappy warre that the king had raised against them . in the february following , after a serious debate concerning that businesse , the necessities of the scots being well weighed , and their demands considered , it was not onely agreed that their ships , taken since that warre , should be restored , and . l. in ready money given to them to rigge those ships ; but for the maine of all , it was resolved upon by both houses , to give the full summe of . l. in these words expressed , towards a supply of the losses and necessities of our brethren of scotland ; and that the parliament would in due time take into consideration the manner of raising , and daies of payment . whereupon the scottish commissioners three daies after returned thankfulnesse to the parliament , not onely for that great summe of . l. but for the stile of brethren which they had given them . and the same weeke , to continue , and further strengthen the amity of both nations , the parliament of england ordained that all books , libels , and proclamations against the scots , should be called in ; and a thanksgiving to god should be in all churches thorow england , for the happy conclusion of that peace . but before the time came that the parliament , pressed with so many great and weighty affaires , could have leisure to consider and fully determine the times for payment of that great summe to the scots ( which was not till the . day of the following iune , when it was concluded , that they should receive l. of it at midsomer come twelve moneth , and the other . l. at midsomer two yeares after ) the scots presented many papers to the house at severall times , for money to supply the wants of their army , which were friendly entertained , and considered by the parliament ; for that army was kept long undisbanded ; insomuch as about the end of the following may , there was in arreare due to the scottish army ( besides the gift of l ) . l. so great a charge was the parliament of england content to be at , rather then suffer the scots to go , till businesses were better setled ; which gave occasion to many of the clergy , and others not well affected to them , not onely in discourse , but written libels , to taxe the parliament , and impute it to them as a crime of too much distrust of the king ; and that they kept a forraigne army to awe their owne prince . but certaine it is , that since that time when the forenamed conspiracies began to breake out , the houses , not well assured of the king , nor fully trusting the english army , were content that the scots should not be disbanded , untill the other were ; being also doubtfull of that irish army , which the king ( as is before expressed ) had told them he could not disband , for some reasons best knowne to himselfe . nor was that army of scots disbanded till august , at the same time when the english army was , by the earle of holland , appointed generall to that purpose . and both the armies quietly departed , conducted to their owne homes by order from justices of peace , through the severall counties . to defray so vast a charge as the payment of two great armies , the parliament , besides the grant of six subsidies , imposed a taxe seldome or never knowne , which was that of the poll-money , wherein the whole kingdome were to be personally assessed . every duke at l. a marquesse at l. earles at l. viscounts and barons at l. knights of the bathe l. other knights l. esquires l. every gentleman dispending l. per annum , was seized at l. and all others of ability to pay a competent proportion , the meanest head of the whole kingdome was not excused under six pence . this bill of poll-money was offered by the houses to the king , together with two other of great concernment , one for putting downe the high commission court , and the other for putting downe the starre-chamber . but the king shewed some reluctancy in that businesse , desiring to passe only that bill of poll-money for the present , and to deliberate about passing of the other two . at which the house of commons , being certified so much by the lords , were not well contented , and voted that his majesty should passe all three , or none at all . notwithstanding , the king upon the second of iuly , did accordingly passe the poll-money , and demurred upon the other two . but understanding that the matter was so ill taken , and loath , upon mature deliberation , to displease the kingdome at that time , he came againe upon the following tuesday , being the fifth of iuly , and passed the other two , for putting downe the high commission and starre-chamber . many of the courtiers , and neerest servants about the king , were very sorry that his majesty , seeing that he passed those two bills so soone after , had not freely done it at the same time ( as was desired ) together with the poll-money : because it might be thought an unwillingnesse in him , and that his heart ( which was then feared ) did not perfectly concurre with his peoples desires : whereby much of the thanks , which so great a grace freely and forwardly expressed , might have deserved , did seeme in a manner lost . the king therefore at the passing of those two bills , told them as much , that he could not but be sensible of those reports of discontent , which he had heard was taken by some , for his not passing them before ; and thought it very strange , that two things of so great importance , should be expected from him , without an allowance of time to consider of them : that he wondred they could harbour any discontent , if they remembred how much he had done this parliament , as his granting that the iudges hereafter should hold their places quam diù se benè gesserint ; bounding the forrest lawes ; taking away ship-money ; establishing the subjects property in tonnage and poundage ; granting the trienniall parliament ; free iustice against delinquents . with other things ; concluding graciously , that he would omit nothing which might give them just content . and when he had signed the forenamed bills , after a short mention of the journey which he intended speedily to take into scotland ; he propounded to them a thing very acceptable , concerning his nephew the prince elector palatine , that he could not but ( at the desire of that prince ) send an ambassadour to assist him at the dyet at ratisbone with the emperour ; and fearing that he should not receive so good an answer , as might in justice be expected . for the better countenancing that businesse , he intended to publish a manifesto in his owne name , but would not do it but by consent and advice of parliament ; without which he conceived it would be a thing of no validity . which manifesto was afterwards made by the full consent of both houses , and sir thomas roe , a member of the house , and a gentleman of great abilities , was sent to the emperour at ratisbone about it , but without any good successe . at the same time the queene mother of france , as was before desired by the parliament , was to take her leave of england . the king consented to her departure ; but money wanting for the provision of her journey , the parliament allotted ten thousand pounds to her , out of the poll-money . this great lady had arrived in england almost three yeares before , and so long been entertained by the king , her sonne in law , with great respect , and an allowance answerable to support her state , . l. per diem . it was her mis-fortune , ( how farre her crime i cannot tell ) that during her abode here , the two kingdomes of england and scotland were imbroyled in great troubles ; which the people were apt to impute in some measure to her counsels , knowing what power the queene her daughter had with the king. others taxed her not at all , but looked upon other causes , the same counsells , which long before her arrivall had distempered england ; but the people made their judgement upon it , from her actions or successes in other places . but however it were , the queene was fearefull of the people here , and had not long before desired to have a guard allowed her , pretending feare of her life , by reason of some attempts , which she conceived made against her ; upon which a guard was set about her house . her regency in france had not beene happy , nor according to the interest of that kingdome ; though that , perchance , may be accounted a fault not so particular to her , as commonly incident to the regency of queene mothers in that land : in so much as thuanus commends the saying of charles the ninth ( a prince whom otherwise he doth not praise ) upon his death bed , that since he must dye at that age , ( being foure and twenty ) he thanked god he had no sonne , least france should fall under a regency , of which he had found the sad effects . his mother was katherine de medicis of the same family with this queene . after the time of her regency , her actions had been such , that the king her sonne would not harbour her in his owne kingdome ; nor was she welcome into the territories of her sonne in law the king of spaine . but the people there were no lesse desirous of her departure , then afterward in england . insomuch as she became a strange example of the instability of humane fortunes , that so great a queen , and mother to so many mighty princes , should want a quiet harbour for her age . not long after her departure from england , she died at culleine , and might seeme a parallel in some things , to the same empresse , who founded that city , and there planted a roman colony , agripina , wife to claudius cesar , and mother to nero . they both had tasted of power , been active in it , but not pleasing to the people . they were both taught , that the greatnesse of their sonnes , was not so much advantage to their power , as they had hoped ; and had learned , that all power dependent upon another , is of small validity , and lesse stability ; as tacitus observes , speaking of the same agripina , nihil rerum mortalium tam instabile , & fluxum est , quam fama potentiae non sua vi nixa . about two moneths before the departure of this queene , the princesse mary , eldest daughter to the king , not yet ten yeares of age , was married with great triumph at white-hall , to the young prince of orange , william ; bishop wrenne , being then deane of the kings chappell , performed the solemnity on sunday the second of may , . the marriage had been before debated of in parliament , and consented to ; the king himselfe upon the ninth of february having declared to the lords what large propositions the ambassadours of the states had made to him upon that purpose . the people in generall were pleased with this marriage , and glad the king had chosen out a protestant prince , and servant to a state , which had beene long confederate with england , and whose interest carried them the same way , professors of the same religion , and in that kinde of discipline , to which the greatest part of parliament and people were inclined ; and hoped ( though at that time it was not so fully declared as afterward ) to reforme the church of england to , as that of scotland already was . by this match of the kings owne chusing , they began to hope that the spanish faction in court was not now at all prevalent , but that things might hereafter be carried according to the right english way . in this hope they were the more confirmed , seeing the parliament go on without any opposition from the king , no dissention having yet happened , nor likely to happen , as they conceived ; for that conspiracy of bringing up the army against the parliament , which we touched before , was not yet discovered , nor at all thought of , though within few daies after it broke out . but some there were , who suspended their joy , and were not much confident that this marriage would bring happinesse to england , unlesse the king were perfectly right with his people , and wished the same thing they did ; considering at one side the condition of the prince of orange , and that he might be ambitious of more then was due to him ; and for that reason ingage himselfe in a reciprocall way for the king against his people , if occasion served . on the other side , they considered the states as polititians of this world , and men who had other interests then that of religion ; and if dissention should in england happen , betweene prince and people ( which was never but feared in some degree ) might be apt to side with the king against the just freedome of the subject ; which must needs depresse the strength of england , and keepe it from so much greatnesse , as might ecclipse their owne ; the king of spaine being now weake , and no such feare from him , as might inforce them to need englands strength as heretofore . but the parliament about the beginning of this iuly , were busied in such a multiplicity of affaires , which by severall committees they daily did , concerning the reformation of domesticall abuses , that it were an endlesse , and indeed an improper thing for an historian to describe them all : the records will at large satisfie those that are curious in particulars ; onely some of the chiefe i will briefly touch which happened before the king went into scotland . upon the fifth of iuly , . the committee appointed for that purpose , made their report to the house of commons , of the charge against matthew wrenne bishop of ely , whose accusation was before mentioned , consisting of many articles ; which all tended to the introducing of superstition , and too neare approaches to the roman religion , as ●hose articles will declare . after some time spent in debate upon the articles , it was resolved upon the question , and voted , that it was the opinion of the house , that bishop wrenne was unworthy and unfit to hold or exercise any office or dignity in church or common-wealth ; and further voted , that there be a message sent to the lords , to desire them to joyne with the commons , in petitioning his majesty to remove the said bishop both from his person and service . about the same time also the charges against those judges before mentioned , who gave their extrajudiciall opinions for leavying of ship-money , being five in number , judge bramston , baron trever , baron weston , baron davenport , judge crawley , were read in the house of commons , and severall members appointed to present those particular charges against every judge , which they all did , making large speeches in aggravation of their crimes : against judge berkley there was a higher charge , so great as amounted to high treason . the king was now wholly intent upon his journey into scotland , which he determined to take upon the tenth of august , to which both houses had once agreed ; but afterwards upon mature consideration , desired the king to deferre it fourteene daies longer for divers reasons . that the distempers of the kingdome were such , as could not well be composed , unlesse his majesty would stay the desired time , there being many weighty affaires to be taken into consideration , and no course yet set downe for the government of the kingdome in his absence . the king , notwithstanding their often and earnest pressing this suit , was stedfast to the first day , alleadging that the affaires of scotland did necessarily require his presennce there at that time , and that he would passe any thing of just concerne before he went , and that he had to the same purpose many times desired them to hasten their businesses for him before such a time . the king accordingly upon the tenth of august departed out of london toward scotland ; but the same day before he tooke his journey , coming to the lords house , he passed divers bills which the houses had prepared for him ; some concerning the publike , as the bill for knighthood , the bill for free making of gunpowder and saltpeter ; and others concerning the estates and affaires of private men . he likewise signed the commission for passing of bills in his absence ; the commissioners appointed were the lord keeper , the lord privy seale , the earle of lindsey , the earle of essex , marquesse hartford , the earle of bath , and the earle of dorset . he signed them also another bill , whereby he made the earle of essex generall of all his forces on this side trent , by which he had power to ra●●e forces in case of necessity . but to another request , which both houses had made to him the day before , which was , that the earle of pembrooke might be made lord steward , in the earle of arundels place , during his absence , ( for the earle of arundell was then going over with the queene mother ) and that the earle of salisbury might be appointed lord treasurer ; he said he would take further time to consider of it . by this time many jealousies began to arise in the hearts of people , many divisions , and differences of opinions , concerning the parliament , which being by degrees formented by such persons as were disaffected to it , by reason of their owne losses , and particular interests , whose number could not be small , did fatally prepare the way to that miserable confusion which after followed . bishops had been much listed at , though not yet taken away , whereby a great party whose livelihood and fortunes depended on them , and farre more , whose hopes of preferment looked that way ; most of the clergy , and both the universities , began to be daily more dis-affected to the parliament ; complaining that all rewards of learning would be taken away , which wrought deeply in the hearts of the young , and most ambitious of that coat . another thing which seemed to trouble some , who were not bad men , was that extreame license , which the common people , almost from the very beginning of the parliament , tooke to themselves , of reforming , without authority , order , or decency , rudely disturbing church-service , whilest the common-prayer was reading , tearing those bookes , surplaces , and such things : which the parliament , either too much busied in variety of affaires , of ( perchance too much ) fearing the losse of a considerable party , whom they might have need of against a reall and potent enemy , did not so farre restraine as was expected , or desired by those men . to this were added those daily reports of ridiculous conventicles , and preachings made by tradesmen , and illitterate people of the lowest ranke , to the scandall and offence of many : which some in a merry way would put off , considering the precedent times , that these tradesmen did but take up that which prelates and the great doctors had let fall , preaching the gospell ; that it was but a reciprocall invasion of each other callings , that chandlers , salters , weavers , and such like preached , when the archbishop himselfe , instead of preaching , was daily busied in projects about leather salt , sope , and such commodities as belonged to those tradesmen . many people by degrees grew dis-affected to the parliament , being daily poysoned by the discourses of the friends , kindred , and retainers to so many great delinquents , as must needs feare such a parliament ; who , though they be no considerable party , in respect of the whole common-wealth ; yet ply their particular interests , with more eagernesse then most do the publike . some are taken off by time and their owne inconstancy , when they have looked for quicker redresse of grievances , then the great concurrence of so many weighty businesses ( in a long discontinued and reforming parliament ) can possibly admit , how industrious soever they be , distracted with so great a variety ; those people , after some time spent , grew weary againe of what before they had so long wished to see ; not considering that a prince , if he be averse from such a parliament , can finde power enough to retard their proceedings , and keepe off for a long time the cure of state ; when that happens , the people tired with expectation of such a cure , do usually by degrees forget the sharpnesse of those diseases which before required it ; or else in the redressing of many and long disorders , and to secure them for the future , there being for the most part a necessity of laying heavy taxes , and draining of much money from the people , they grow extreamly sensible of that present smart , feeling more paine by the cure for a time , then they did by the lingring disease before , not considering that the causes of all which they now indure , were precedent , and their present suffering is for their future security . it was the generall opinion of all gentlemen at that time , that a parliament so much and long desired , as this was , after so great and constant a violation of the lawes and liberties of england in the kings former government , could scarce in possibility ever grow into the dislike of the people , or at least so great a part of the people , as might be able ( which within one yeare was after seene ) to make a warre against it , and indanger the utter ruine and subversion of it . but i have spoken before of some causes , which might seeme strong enough to ingage a part of the people against the parliament ; whose particular interests and livelihoods were neerely touched ; how farre any proceeding might distaste others , who were uninterested in their private fortunes or callings , i cannot tell any certaine reason : but i remember within the compasse of a yeare after , when this civill warre began to breake out over all the kingdom , and men in all companies began to vent their opinions in an argumentative way , either opposing or defending the parliament cause ; and treatises were printed on both sides : many gentlemen who forsooke the parliament , were very bitter against it for the proceedings in religion , in countenancing , or not suppressing , the rudenesse of people in churches ( which i related before ) acting those things which seemed to be against the discipline of the english church , and might introduce all kindes of sects and schismes . neither did those of the parliament side agree in opinions concerning that point ; some said it was wisely done of the parliament , not to proceed against any such persons , for feare of losing a considerable party , as is said before . others thought and said , that by so doing they would lose a farre more considerable party of gentlemen , then could be gained of the other . they also affirmed , that lawes and liberties having been so much violated by the king , if the parliament had not so farre drawne religion also into their cause , it might have sped better ; for the parliament frequently at that time , in all their expressions , whensoever they charged the corrupt statesmen of injustice and tyranny , would put popery , or a suspition of it , into the first place against them . i remember , when the warre was begun , among those little treatises , which were then published , as many there were without any names to them , i found one , in which the case is thus expressed , to recite the words of it . perchance ( saith he ) too much insisting upon religion , and taxing the king for affecting popery , hath by accident weakened the parliament , and brought parties to the king. it may seeme a great paradox that the best and onely necessary of all things , religion , being added into the scale of lawes and liberties , should make the scale lighter then before . neither can it be true but by accident ; as thus : the strange intercourse betwixt rome and the english court ; the kings owne letters to the pope ; his favouring of priests , and such things ; though they may give a state just cause of susspition , that their religion is undermining : yet because it cannot be so absolutely proved to the sight of all the people , that the king favoured popery , as that he violated the lawes and liberties of the kingdome ; which latter was visible to all ; the former , concerning religion , remaines in the peoples reason , as a controverted question ( the king still protesting for religion ) and the disputes about that amusing the people , make them by degrees forget that crime of the kings , which was without controversie , and evident , the violation of lawes and liberties : and more then so ; for some supposing that the parliament unjustly taxed him in religion , did in time believe , that he was not so guilty of the other , as they would make him ; which i have heard some of late maintaine . from whence may follow a strange conclusion ; that the kings dealing so much with rome , to the disadvantage of the protestant religion , should now turne to his owne advantage in a protestant kingdome . and we may make this as paradoxicall a supposition , that if the king had never done any thing prejudiciall to the protestant religion , he would have found fewer protestants this parliament to take his part . for then , there being no dispute at all about religion , the crimes of his state mis-government had plainly and inexcusably appeared to all ; as we have seene that some of our former kings , for the like violation of lawes and liberties , when there was but one religion , and therefore no dispute about it , have been heavily censured in parliament , no man appearing in their justification . and why should not a parliament thinke that such things are cause enough to be stood upon , and to justifie their quarrell before god ? as if the almighty did not adhorre injustice , oppression , tyranny , and the like , in any kingdome , unlesse the pr●fession of religion were also depraved . nay , he abhorreth it more in that place where the purest profession of religion is . besides , that frequent naming of religion , as if it were the onely quarrell , hath caused a great mistake of the question in some , by reason of ignorance , in others of subtilty ; whilest they wilfully mistake , to abuse the parliaments cause , writing whole volumes in a wrong stated case ; as , instead of disputing whether the parliament of england lawfully assembled , where the king virtually is , may by armes defend the religion established by the same power , together with the lawes and liberties of the nation , against delinquents , detaining with them the kings seduced person : they make it the question , whether subjects , taken in a generall notion , may make warre against their king for religions sake ? such was the sense of many gentlemen at that time , which adhered to the parliament . but to proceed in the narration . the parliament had been of late sensible of the losse of some from them , and having detected divers conspiracies and machinations of dis-affected people against them , and fearing more , had in may last ●ramed a protestation , which was solemnly taken by all the members of both houses , and sent thorow england to be taken by the people ; the forme of it was in these words : i a.b. in the presence of almighty god , promise , vow , and protest , to maintaine and desend , as farre as lawfully i may , with my life , power , and estate , the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovotions within this realme , contrary to the said doctrine ; and according to the duty of my allegiance , i will maintaine and defend his majesties royall person , honour and estate , as also the power and priviledge of parliaments , the lawfull rights and liberties of the subjects , and every person that shall make this protestation , in whatsoever he shall do in the lawfull pursuance of the same ; and to my power , as farre as lawfully i may , i will oppose , and by all good waies and means endeavour to bring condigne punishment on all such as shall by force , practise , counsels , plots , conspiracies or otherwise , do any thing to the contrary , in this present protestation contained : and further , that i shall in all just and honourable waies , indeavour to preserve the union and peace betwixt the three kingdomes of england , scotland , and ireland , and neither for hope , feare , or any other respects , shall relinquish this promise , vow , and protestation . it were not amisse in this place briefly to mention some alterations , which had been made before the time that the king tooke his journey into scotland ; though they were not done immediately about that time , but some weekes or moneths before , because they concerne some noble men , of whom we shall have occasion hereafter to make mention in the course of this history . the lord cottington upon the . of may , . had resigned his place , master of the wards , the lord viscount say and seale succeeded him in that office. within few daies after the lord treasurer , doctor juckson bishop of london , resigned his staffe , and the office was committed to five commissioners . about that time the earle of leicester , lately come from being ambassadour in france , was by the king made lord lieutenant of ireland . the earle of newcastle was removed from being governour to the prince , and the marquesse of hartford appointed in his roome . the history of the parliament of england . the second book . chap. i. a standing committee during the recesse of ●oth houses of parliament . the rebellion of the irish , and massacre of the protestants there . some endeavours of the english parliament for relief of that kingdom . the businesse of england by this absence of the king was at a great stand . in such a concurrence of high affairs & so great an expectation to find redress of pressing grievances , nothing was so irksome to the people as delay . to retard the cure , was little better then to destroy . and the sequel within a short time , proved worse , then the wisest men could imagine , or the most jealous possibly suspect ; though jealousies and fears were then grown to a great height , & the parliament of england less then ever , assured of the kings real affection to them . nothing of state was transacted in parliament , during the kings absence . some debates there were only about church-service , and alterations to be made in the book of common-prayer , in which notwithstanding nothing was concluded . one businesse only came to be discussed ; of which the king himself gave occasion ; who within few daies after his arrival in scotland , signified by a letter to the lords , that he was engaged to the spaniard by promise to let him have four thousand souldiers out of that lately disbanded irish army , which the earle of strafford had before raised ; his desire was to make good his promise by consent of parliament . but the house of commons whom the lords had invited to a conference for that purpose , would not consent that any irish should go to assist the spaniard ; some reasons were then given , but more particular cause was shewed about ten daies after , when a second letter came from the king , in which his majesty declared , that the spanish ambassador claimed his promise , from which in honor he could not recede . notwithstanding since he had found that ambassador so reasonable , as that he was content to accept of two thousand ; he hoped the parliamnnt would not deny that . the house took it into consideration ; and within two dayes , the lord of fawkland a member of the house of commons at a conference delivered to the lords , gave reasons in the name of that house , why it was very unfit to grant the kings desire , because the spaniard was not only an ally , & confederate , but an assistant to the emperor against the prince elector , his majesties nephew ; who by the power and oppression of that emperor had bin long deprived of his inheritance ; and at this time , when the king had published a manifesto in behalf of his nephew , and to that purpose sent an ambassador to the dyet of ratisbone , it would seem a contradiction in the king to assist the enemies of the said prince elector , and a drawing of his own sword against himself : besides the great prejudice it must needs bring to the protestant cause , which this present parliament so much intended , and laboured to promote . upon these reasons it was thought fit not to consent to the kings desire in that point . and immediately the two houses of parliament rejourned themselves from that day , being the eighth of september , till the twentieth of october , and appointed a standing committee of fifty members during that recesse . before the accesse and meeting again of the parliament , letters came from the english committee in scotland , and were read before that standing committee of westminster , importing the discovery of a treasonable plot against the lives of marquesse hamilton , and others , the greatest pe●res of scotland ; the conspirators being the earle of crayford , and some others . how it was discovered , or how prevented , or whether the king had any privity to it ( though one of that country have since written very plainly charging the king with it ) because the state of scotland were very silent in it , the parliament of england took the lesse notice of it : only the standing committee , for avoiding the like attempts at london , and fearing that such might flow from the same spring , appointed strong guards to be placed in many parts of the city , till further directions might be given from the two houses at their accesse . the malignancy , which at that time began to appear in people , of that condition and quality , which wee before mentioned , and was not only expressed in usual discourse among their companions , but vented in scurrilous and bitter libels against those lords and commons , who were generally reputed the most sedulous for the common-wealth , was cause sufficient to increase the feares and jealousies of the parliament . but that fatall fire , which so sadly wasted the three kingdoms , broke out there , where it was least feared ; and those that seemed most secure , were the first sufferers . about the end of october during the kings abode in scotland , the most barbarous and bloudy rebellion that ever any age , or nation were guilty of , broke out in ireland . the atrocity of it is without a paralell , and as full of wonder was the close carriage of so black and far-reaching a designe . the innocent protestants were upon a suddain disseised of their estates , and the persons of above two hundred thousand men , women , and children murthered , many of them with exquisite and unheard of tortures , within the space of one month . that which increased the amazement of most men , was , the consideration that the ancient hatred , which the irish ( a thing incident to conquer'd nations ) had borne to the english , did now seeme to be quite buried and forgotten ; forty years of peace had compacted those two nations into one body , and cemented them together by all conjunctures of alliance , intermarriages , and consanguinity , which was in outward appearance strengthned by frequent entertainments , and all kinds of friendly neighbourhood . there seemed in many places a mutuall transmigration ( as was observed by a noble gentleman , whose place in that kingdom gave him means to know it , out of whose faithfull relation of that rebellion and massacre , i have partly collected my discourse of it ) into each others manners . many english strangely degenerating into the irish manners & customers ; and many irish , especially of the better sort , having taken up the english language , apparel , and decency of living in their private houses . the present government was full of lenity and moderation ; and some redresse of former grievances had then been newly granted by the king to his irish subjects ; the same gentleman in his history of the irish rebellion ( where the reader may more fully enforme himself of particulars ) affirms , that he could never hear of any one englishman that received any certain notice of this conspiracy , till that very evening before which it was to be put in execution . some intimations had been given by sir william cole in a letter to the lords justices sir william parsons , and sir john burlace , with the rest of the councell , concerning dangerous resorts , and meetings of some persons who were judged fit instruments for such a mischief . this horrid plot contrived with so much secrecy was to take effect upon the of october . the castle of dublin , the chief strength of that kingdome , and principall magazine of the kings armes and ammunition , where all those armes which were taken from the late disbanded irish army , and others which the earl of strafford had provided , were deposited , was to be seized by nine of the clock that day by the rebels ; to which purpose many of the irish gentry of great quality were the night before come to dublin , to be in readinesse for the performing of that exploit . it was further agreed among those conspirators , that upon the same day , all other his majesties forts and magazines of armes and ammunition in that kingdom should be surprized , and all protestants and english that would not joyn with them , should be cut off . but it pleased god to prevent the seisure of that castle , and so to save the kingdom from being wholly lost in one day , and that by a means strange and unexpected . hugh mac mahon esquire , grand-son to the famous rebel tyrone , a gentleman of a plentifull fortune in the county of monagan , and one that had served in armes under the king of spain as leiutenant colonel , a principal agent in this rebellion , and coming with others ( as aforesaid ) into dublin the day before that great designe was to be put in execution , being the of october , admitted into his company at a tavern in that city , one owen conally , of irish extract , but a protestant , and servant to sir john clotworthy a member of the english parliament . to this owen he revealed so much , as they were drinking , that the honest man escaping from him , though not without great danger to himself , at the present , informed the lord justice parsons that night about nine of the clock , of a dangerous designe upon the whole kingdom ; which being taken into present consideration , mac mahon was apprehended , and after his examination , the lord maquire also , another principal actor ; who were both committed to close custody , and the castle secured with all diligence . but many conspirators of great note escaped that night out of dublin , as birne , more , plunket , and others . the lords of the counsel , amazed at the discovery of so horrid a treason , did notwithstanding endeavour ( since there was no prevention ; for mac mahon had plainly told them , when he was examined , that by that time all the counties of ireland were risen ) to use the best remedies to that desperate disease ; and hoping that perchance the news how the plot for seizing of dublin castle was disappointed , might somewhat dishearten the conspirators in remote parts , and encourage the good subjects , with more confidence to stand upon their guard ; issued forth a proclamation presently , and by carefull messengers spread it into as many parts of the kingdom as they could . the effect of which proclamation was to signifie the discovery of the treason , and exhort all men to their duty in suppressing of it . but the generall designe was past prevention ; and that very day came in some poor english protestants , and others in a short time , every day , and almost every hour ; shewing how they had been robbed , their houses surprised by the rebels , whose outrage daily increased in rapine and murdering , and fireing towns and villages in divers counties . to oppose therefore the growth of that desperate malady , the lord justices ( dispatching letters to the king in scotland , and the earle of leicester , lately made lieutenant of ireland by the king , and yet resident at london , of their lamentable condition ) examined with all diligence how they were provided for such a war. they found in dublin stores , armes for ten thousand , with artillery , powder , match and lead proportionable , laid in by the late earle of strafford , though designed by him another way , yet reserved by gods providence for this service . but the officers and souldiers of the old standing army were so much dispersed into remote places of the kingdom for the guard of other forts ; that there was scarse any possibility of drawing a considerable company together to defend dublin , or make head against the rebels in the north. the greatest mischeif to the state , and advantage to the rebels , was , that there was no money in the exchequer ; besides , the kings revenues , and rents of english gentlemen due for that halfe year , were either in tenants , or collectors hands in the country , and must unadvoidablly fall into the rebels power ; so that although their disease were present , the only means of cure was remote , which was a dependence upon some supplies from the parliament of england . upon the very day designed for surprisall of the castle at dublin , the of october , the northren rebels broke out in the province of vlster , and in few dayes got possession of so many towns , forts , and gentlemens houses , within the counties of that province , as might seeme almost incredible , if we consider only the cheif actors , men of no great skill in martiall affairs , or any policy : such as sir phelim oneale , and his brother , with the rest ; and not rather ( which indeed was the true reason ) the generall engagements of the irish , and their deep dissimulation , concurring with the great credulity of the english , upon the causes aforementioned , of so long intermixed cohabitation , and friendly relations betwixt them . both these were the causes which afterward encreased the massacre of the english , who when the fire brake out , implored the friendship of their irish neighbors , landlords , or tenants ; committing into their hands and protection their treasure , wives and children , with all that was dear unto them , in hope that former friendship might prevail . but they generally either betrayed them into the power of other rebels , or perfidiously , and cruelly murdered them with their own hands : which extreme falshood , and cruelty in the irish was thought to be much encreased by the charmings of their priests , who told them , that it was a mortall sin to protect , or releive any of the english. that intermixture of the nations , did also at this sad time , make the english lesse able to defend themselves , then if they had lived singly by parties of their own . for where the english were able to make any head , or stand upon their guard ( though in such an amazement and suddain surprisal ) they defended themselves beyond beleif , till the irish ( principled by their preists ) offered them fair quarter ; with assurance of lives and goods , safe conduct , and free passage to what places they pleased ; confirming such covenants with deep oathes , and protestations , and sometimes their hands and seales . but when they had the deceived english in their power ; the souldiers spoiled , stripped , and murdered them at their pleasure . so were many served , as at armagh by sir phelim oneale , and his brother ; at belterbert by philip orelley ; at longford , tullough , and other castles in the county of fermanagh by other of those rebels . but if the english , who stood to defend their private houses , and so were the more easily cut off , could have deserted their habitations at the first rising , and joyned themselves into bodies , they might happily have made a better resistance . whilest these inhumane cruelties and massacres were acting in miserable ireland , and daily spreading themselves in every part of that kingdom ; many counties in several provinces declaring themselves , and following the barbarous example of those in vlster ; the sad newes was brought to the parliament of england . the first letters , which before were mentioned , sent from the lords justices upon the of october , were carried , and delivered at london on the last day of that month by owen Ô conally the happy discoverer of the first plot ; with a full information of all particulars within his knowledge : which by the lords , who were first acquainted with it , was delivered at a conference to the house of commons ; who presently ordered , that the house forthwith should be resolved into a committe , to consider the matter offered concerning the rebellion in ireland , as likewise to provide for the safety of england . by which committee it was agreed that pound should presently be provided ; and that the loane of it should be entreated from the city of london upon publick security . that a select committee of both houses be named to consider the affairs of ireland . that owen Ô conally , who discovered this great treason , should have pound presently paid him ; and pound per annum pension , till provision in land of a greater value be made for him . that papists of quality be secured in their severall counties within england . that no persons whatsoever , except those , who are merchants , shall be admitted to go over into ireland , without certificate from the committee of both houses appointed for the affairs of ireland . these things were reported to both houses , and willingly assented too , within two dayes after the discovery first made unto them of that rebellion . and ( notwithstanding those present distractions in england , which began then to appear ) part of every day , during that november , was allotted to the consideration of ireland . within four dayes after the beginning of which month , they ordered many particulars of great import for the releif of it , consisting of supplies of money , magazines of victuals , ammunition of all sorts , courses to be taken for raising forces for the occasions of that kingdom ; and shipping for guard of their sea coasts ; as more particularly appeareth in the records of parliament . whilst the english parliament were thus ordering the affaires of bleeding ireland ; other letters from the lords justices bearing date the fifth of november were brought , and communicated to both houses . who in earnest zeal to the promotion of that businesse , voted two hundred thousand pounds to be raised for suppressing the irish rebellion , securing england , and payment of the publick debts . for which , the city of london must of necessity be made use of , ( collections through the kingdom being too slow for such an urgency ) and to encourage the city in it , an order was made to secure them for monies formerly lent , and to allow them the full interest of eight per cent . for altogether . whilest the english parliament were thus busied about the releif of ireland ; the horrid rebellion with a swift motion run throughout that unhappy kingdom , many counties daily joyning with them , and divers lords and gentlemen , who for many daies had lived unsuspected in dublin , went into the country to side with the rebels , and act their parts in those inhumane outrages ; the lords justices , and privy counsell were enough troubled to secure dublin , to victuall the castle , and prepare defence against those dangers , which threatned the city , and were made much more by the feares of spoyled people resorting thither . but the care of the privy councell extended further ( notwithstanding the troubles there ) then to the city of dublin ; and having a magazine of armes within the castle , resolved so to dispose of them , as that resistance might be made against the rebels in other parts . some armes were happily disposed to such gentlemen ( sir henry ti●hborne , sir charles coote , and others , of whom more hereafter ) as to their lasting honor did excellent service . but another part were worse then losse , those which were distributed to the lords and gentlemen of the english pale ; who afterwards declared themselves for the rebels , and used the arms to the destruction of those , who put them into their hands . that english pale is a large circuit of land possessed at the first conquest of ireland by the english , and ever since inhabited by them ; containing divers counties , as dublin , meth , lowth , kildare , &c. the lords of the councel thought fit to trust those lords and gentlemen of the pale both with commissions and armes ( though many of them professed papists ) hoping that this great confidence would work so far upon their hearts , if any truth or loyalty were left there , as to keep them at least , from joyning with the enemy ; but if they were honest , would enable them to oppose the threatning incursions of the northren rebels . this great trust the councell were more encouraged to repose in these perfidious lords and gentlemen of the pale , because themselves had appeared at dublin of their own accords , professing truth and loyalty , with deep and solemne protestations , and that they were most forward , and ready to concur with their lordships in that service . but so great an affliction was to fall upon unhappy ireland , that all those lords that were papists , after they had received commissions , and armes , notwithstanding all their deep vowes , did most perfidiously soon after desert their houses , and openly declare themselves in actuall rebellion : such as were viscount mongannet , gormanston , and costeloe , dillon , birne , beller , talbot , and many others . the condition of dublin was more lamentable every day then other ; and not so much afflicted were they with feares , and dangers , which threatned themselves , as that extream sorrow , which compassion must needs work in them , toward all the suffering english which resorted thither . dublin was the sanctuary of all the despoiled protestants ; and by that meanes , the sad stage , upon which all horror was represented ; and what mischeifes soever were acted in other parts , were there discovered and lamented . their eyes were sad witnesses of the rebels cruelty , in those despoiled english which daily resorted to the city ; but their eares much more afflicted with relation of those horrid tortures which had been used to those who died in other parts . their eyes could not but extremly suffer from such wretched spectacles as daily from all parts presented themselves ; people of all conditions , and qualities , of every age and sex spoiled , and stripped , with no coverings , but ragges , or twisted straw , to hide their privities ; some wounded almost to death , others frozen with cold , some tired with travell , and so surbated that they came creeping on their knees ; others famished beyond all releif . and besides the miseries of their bodies , their minds tortured with the losse of all their fortunes , and sad remembrance of their husbands , wives , or children most barbarously murdered before their faces . in this most lamentable plight , with wasted bodies and distracted mindes did they arrive at dublin ; some to be releived , some entombed ( which was more then their murdered friends could obtaine from the rebels ) insomuch as they appeared like walking ghosts in every street , and all the barnes , stables , and out-houses were filled with them , where they soon died after they had recovered the city , in so great numbers , that all the church-yards of dublin could not contain them : but the lords were enforced to take in large peeces of ground on both sides of the river , to set apart for burying places . but that part of this wofull tragedy , which was presented to their eyes , was the least , and but the shadow of that other , which was related to their eares , of which the readers and all posterity may share the sorrow . many hundreds of those which had escaped under their oathes , lawfully taken upon examination , and recorded with all particulars , ( as may be seen at large in the records ) delivered to the councell what horrid massacres the bloudy villains had made of men , women , and children ; and what cruell inventions they had to torture those , whom they murdered ; scarce to be equalized by any the most black , and balefull story of any age . many thousands of them at severall places ( too many to be here inserted ) after all despites exercised upon them living , put to the worst of deaths ; some burned on set purpose , others drowned for sport and pastime ; and if they swam , kept from landing with poles , or shot , and murdered in the water ; many were buried quick , and some set into the earth breast-high , and there left to famish . but most barbarous ( as appears in very many examinations ) was that cruelty , which was shewed to great bellied women ; whom the villaines were not content to murder , but ripped up their bellies , and many times took delight to see the hogges eate the abortive infants . but i am loath to dwell upon so sad a narration . the greatest part of these inhumane cruelties were acted by the irish upon the poor unarmed brittaines , before any provocation given unto them : and the bloud of so many thousand innocent persons sacrificed to their meer malice , as many afterwards were sacrificed to their revenge ; as whensoever the irish received any blow from english forces , the english protestants that lived among them , were murdered in great numbers . by this time the lords of the councell had armed as many as they were able , and given commissions for raising of severall regiments , which were put into the hands ( for the most part ) of gallant men , as their actions after testified to the world ; sir charles coote an active , and valiant man , ( who was also made governor of dublin ) with great speed made up his regiment out of the poor , robbed , and stripped english , which had fled to dublin ; sir henry tichborne , a worthy commander was dispatched away with a regiment of foot , to keep tredagh from the approaching rebels : the lord lambert also , sir thomas lucas , captain armestrong , captain yarner , with others raised by commissions souldiers there . this was done about the middle of november ; at which time also the earle of ormond with his well armed troop of horse came to dublin ; where within few dayes after he was by a commission sent from the earl of leicester , lord lieutenant of ireland ( as likewise by the kings approbation from scotland signified in a letter ) made lieutenant generall of all the forces there . for the earl of lecister at that time was not enabled so far with necessaries for the service of ireland , as to repair thither in person . the earl also sent over to the lords at dublin ( together with an order of the lords and commons of the parliament in england ) comfortable letters in this time of distresse , to let them know that the king had referred the whole businesse of ireland to the parliament of england ; who had undertaken the charge , and management of the war , had declared a speedy , and vigorous assistance , had designed for their present supplies the summe of pound , and taken order for all further provisions necessary . but that they might not be altogether destitute of reall comfort , the parliament of england sent them over at the same time twenty thousand pound , which arrived most seasonably at dublin ( their treasure beginning utterly to fail ) for paying those new companies which they had raised . about the end of november , the lords justices , and councell of ireland considering the miserable desolations brought upon that whole kingdom , and what miseries were further threatned , commanded by proclamation a publike , and religious fast , to be weekly observed upon friday in the city of dublin , to implore the mercy and assistance of almighty god , and divert his heavy indignation from them . chap. ii. the king returneth out of scotland , and is pompously entertained by the city of london . the remonstrance is published by the parliament . the king entereth into the house of commons . the protestation of the twelve bishops ; and how it was censured by the lords and commons . divers unhappy obstructions of the releif of ireland . but to leave ireland strugling against her sad and wofull calamities , and returne again to the affairs of england ; at that same time about the end of november the king returned from scotland , was by the city of london entertained , feasted , and conducted to his palace at white-hall , with as pompous solemnity , and costly expressions of love and duty , as ever any king of england was . of which extraordinary testimonies of affection toward him , the king seemed very sensible , and returned thanks to the city ; inviting , within few dayes after , the chief of them to hampton court , where they were feasted , and divers aldermen knighted by his majesty . while the king resided at hampton court , the house of commons presented to him a remonstrance or declaration of the state of the kingdom ; wherein all the chief grievances , and oppressions , which the nation had groaned under , since the beginning of his raign untill that time , were recited ; but with as much tendernesse of expression , and respect to his person ( for such care they took , as it appeared in that petition of theirs which accompanied the remonstrance ) as so much truth could possibly be uttered . for all the fault is laid upon ill ministers , who are there called a malignant party . that remonstrance , some little time before the kings return out of scotland , had bin with much earnestnesse debated in the house of commons : and at that time when it was voted , so much divided was the house , that not above nine voices carried it . so fierce , and long were the disputations about it , and arguments urged on both sides , that not only the day , but a great part of night was spent in it . for the house arose not untill two of the clock in the morning . the prevailing part alleadged for it ( as it was afterward expressed in their petition to the king ) that their intention was only to inform his majesty , his peers , and all other his loyall subjects ; with no purpose at all of laying the least blemish upon his person , but to represent how much his royall authority and trust had been abused , to the great prejudice and danger of his majesty , and all his good subjects . it was alleadged by many gentlemen in ordinary discourses , who were of the same opinion that the prevailing voters in parliament were , that such a remonstrance might be of good use , and that the king having perchance been ignorant in some degree , of how much evill had formerly been wrought , might by this remonstrance be not only brought to a knowledge of his past errors , but a salubrious fear of offending again , by considering how publick and manifest to the world the defaults of princes in point of government must needs appear . the other side were of opinion , that this remonstrance in stead of directing him for the future , would teach him only to hate the makers of it , as upbraiders of his crimes , and those that went about to lessen or blemish ( and so the king seemed to rellish it , as appeared in his answer printed ) his reputation with the people . they h●ld it ●itter at such a time , when the kings affections were dubious toward the parliament , to win him by the sweeter way of concealing his errors , then by publishing of them , to hazard the provocation of him , with whom it was not behoveful to contest , unlesse they were in hope to change his disposition for the future , or ascertained of their own power , and resolved to make full use of it . for mine own part , i will make no judgement at all upon it ; nor can we truly judge by the successe of things . but such an unhappy genius ruled those times ( for historians have observed a genius of times , as well as of climates , or men ) that no endeavours proved successefull ; nor did any actions produce the right ( though probable ) effects . who would not in probability have judged that the forementioned costly , and splendid entertainment , which the city of london gave to the king , would have exceedingly endeared them unto him , and produced no effects but of love and concord ? yet accidentally it proved otherwise . for many people , ill-affected to the parliament , gave it out in ordinary discourse ( non ignota loquor , it is a known truth ) that the city were weary of the parliaments tedious proceedings , and would be ready to joyn with the king against them . whether it bega● the same opinion in the king or not , i cannot tell ; but certainly some conceived so , by actions which immediately followed , expressing a greater confidence against the parliament then before , displacing some from such trusts , as they had conferred on them : insomuch that the city presently after , finding what ill use was made of these expressions , were enforced to declare themselves in a petition to both houses ; that since some ill-affected people had interpreted their loyal and affectionate entertainment of the king , as a sign that they would wholly adhere to him , and desert the parliament ; they openly professed the contrary ; and that they would live and die with them for the good of the common-wealth . after which , the city , no lesse then the parliament , did seem to be distasted both by the king and queen . the fears and jealousies that now reigned , were of a sadder nature then the fears of any former times had been ; two years before , the people feared , that whilest this king lived , they should never see a parliament ; but now they began to fear that no parliament could do them good . at this time began that fatal breach between king and parliament to appear visibly , and wax daily wider , never to be closed , until the whole kingdom was by sad degrees brought into a ruinous war. from henceforth no true confidence appeared between him and that high court ; every day almost contributed somewhat to the division , and declarations upon severall occasions were published to the world ; of which , though the language for the most part were fairely couched , and sweetned with frequent intermixtures of gracious expressions from the king , and affectionate professions from the parliament ; yet the substance was matter of expostulation , and many intervening actions ( which we shall endeavour to expresse particularly ) did so far heighten them , and sharpen by degrees the stile , till those paper-contestations became a fatall prologue to that bloudy , and unnaturall war , which afterward ensued . the king to answer that remonstrance before mentioned , published a declaration to justifie his own honor and government ; and at the same time sent a message to the common councell of london , complaining of tumultuary assemblies of people from the city , daily resorting to westminster , to the disturbance of that place , and his palace of white-hall . for people about that time in great numbers used to present petitions to the parliament , and make protestations of their fidelity to them , in these times of fears and jealousies , which grew now so great , that the house of commons , upon the same day that the king sent that complaining message to the city , petitioned him to allow them a guard for security of their persons while they sate : alleadging in the petition that there was a malignant party bitterly envenomed against them , who did daily gather strength and confidence , and were now come to that height of boldnesse , as to give out insolent , and menacing speeches against the parliament it self . it was therefore their humble desires that they might have a guard out of the city , commanded by the earl of essex , lord chamberlain of his majesties houshold , of whose fidelity to king and common wealth no question was ever made . which petition was denied by the king ; but with a solemn engagement of himself by the word of a king , that the security of all , and every one of them from violence was , and ever should be as much his care , as the preservation of himself and his children , and if this generall assurance would not suffice to remove these apprehensions , he would command such a guard to waite upon them , as he would be responsible for to almighty god. the next day after that the king had thus answered the petition of the house , being the fourth of ianuary he gave unhappily a just occasion for all men to think that their fears and jealousies were not causelesse . for upon that day the king came to the parliament in person , attended with a great number of gentlemen , souldiers , and others armed with swords and pistols to the number of about three hundred , who came up to the very door of the house of commons , and placed themselves there , and in all passages neer unto it : the king in person entered the house of commons , and demanded five members of that house to be delivered to him . the manner of it was , seating himself in the speakers chair , he asked him whether those five members were there or not ? the speaker mr. william lenthall , returned to his majesty an humble and discreet answer , that he had neither eyes to see , nor tongue to answer any thing , but what he was commanded by the house . the names of those members whom he demanded were mr. denzill hollis second sonne to the earl of clare , sir arthur haslerig , mr. pym , mr. hamden , and mr. strode : all gentlemen of great esteem , and reputation in the house . two of them mr. hollis , and mr. strode having before suffered many years of sharp and harsh imprisonment from the king after the dissolution of that parliament in the fourth year of his reign , for matters done in parliament contrary to the priviledges of that high court. the king had the day before by his attourny generall sir edward herbert , a member also of the house of commons , demanded the deliverance of those five forementioned gentlemen ; and sent a sergeant at armes to apprehend them , pretending that he meant to charge them , and together with them , the lord mandevile eldest son to the earl of manchester a member of the house of lords , with articles of high treason , and other misdemeanors : which articles were to this purpose ; that they had endeavoured to subvert the government , to deprive the king of his legall power , and to place on subjects an arbitrary and tyrannical power . that they had endeavoured by foule aspersions upon his majesties government , to alienate the affections of his people from him . that they endeavoured to draw his late army from his obedience , to side with them in traiterous designes . that they trayterously invited and encouraged a forraign power to invade his majesties kingdom of england . that they trayterously endeavoured to subvert the very rights and beeings of parliament . that they have endeavoured by force , and terror to compell the parliament to joyne with them in their trayterous designes , and to that end have actually raised and countenanced tumults against the king and parliament . that they have trayterously conspired to leavy , and actually have leavyed warre against the king. but the house of commons hearing this demand , to prevent such further breaches of parliament priviledges as might ensue , upon the same day ordered upon the quest●on ; that if any persons should come to the lodgings of any member of that house , and there offer to seale their trunkes or doors , or to seize upon their persons , that then such members should require the a●de of the constable to keep such persons in safe custody , ●●ll the house did give further order . and they further declared , that if any person should offer to arrest , or d●tain the person of any member of that house , without firs● a●●uainting the house therewith , and receiving further order from thence ; that it should be lawfull for such a member , or any person in his assistance , to stand upon his , and their guard of defence , and to make resistance , according to the protestation taken , to defend the priviledges of parliaments . these things had passed the day before that the king had so entered into the house of commons . his majesty finding that those five members were not there ( for they by consent of the house , upon some informations of what would happen , had absented themselves ) from the speakers chair , where he ●ate , made a speech to the house , wherein he told them , that he was very sorry for that occasion ; but yet , no king of england that ever was , should be more carefull to maintain the priviledges of parliament then he would be ; that those five members were dangerous men ; but he protested in the word of a king , that he nev●r intended any force ; but to proceed against them in a legall and fair way . but sithence he could not now do that , which he came for , he would trouble them no more : but expected , as soon as those five members came to the house , that the house would send them to him : or else he would take his own course to find them . but this great breach of priviledges of parliament was encreased by many circumstances . for the day before being the third of ianuary , contrary to the forementioned order of the house of commons , the chambers , studies , and trunks of those five members by a warrant from the king were sealed up ; sir william killigrew , and sir william flemen , with others being imployed in that service . and within two dayes after , upon the sixt of ianuary , a proclamation was made by the king for the apprehending and imprisoning of those five members ; wherein it was suggested , that through the conscience of their own guilt , they were absent , and fled , not willing to submit themselves to justice . whereupon the house of commons in vindication of their own priviledges , and those five gentlemen , published within a few dayes after , a declaration ; in which that proclamation of the kings ( entituled there , a printed paper ) is declared to be false , scandalous , and illegall ; and that notwithstanding the said printed paper , or any warrant issued out , or any other matter yet appearing against them , or any of them , they may and ought to attend the service of the said house of commons , and the severall committees then on foot : and that it was lawfull for all persons to lodge , harbour , or converse with them , or any of them ; and whosoever should be questioned for the same , should be under the protection , and priviledge of parliament . the house of commons further declared , that the publishing of severall articles purporting a form of a charge of high treason against the lord mandevill , and the forenamed five members , by sir william killigrew , sir william flemen , and others in the innes of court , and else where , in the kings name , was an high breach of the priviledge of parliament , a great scandall to his majesty , and his government , a seditious act manifestly tending to the subversion of the peace of the kingdome , and an injury , and dishonour to the said members , there being no legall charge , or accusation against them . whereas there is mention made in the late recited words of this declaration , concerning the innes of court , we cannot omit , that about the same time ( so unhappy a genius of division reigned among all sorts ) there wanted not some men dis-affected to the parliament , who went up and down , perswading the young gentlemen of the innes of court to make offer of their service to the king , as a guard of defence , if any danger threatned his person . upon which , divers of those young gentlemen , to ingratiate themselves , repaired to the court , and were kindly received by the king and queen . the parliament at that time further declared , that the priviledges of parliament , and the liberties of the subject so violated and broken , could not be fully and sufficiently vindicated , unlesse his majesty would be p●eased to discover the names of those persons , who advised his majesty to issue out such warrants for sealing of the chambers and studies of the said five members ; to send a sergeant at armes to the house of commons to demand those members ; to issue out warrants for their apprehension ; to come thither himself in person ; to publish articles in the forme of a proclamation against the said members in the fore-declared manner ; to the end that all such persons , who advised him to these actions , might receive condigne punishment . according to this , the houses humbly desired his majesty that he would so far satisfie their just and legall request , as to let them know those informers ( for the law in two severall statutes provides that satisfaction , that if in time of parliament , the king accuse a member of the same , of what crime soever , he ought to signifie to the parliament , who were the informers ) but the king refused to do it . upon which the house of commons examined his atturny general sir edward herbert , who had preferred the aforesaid articles ; he confessed nothing to them concerning any other person , or informer ; but only that he received the command from the king himself , and knew nothing further of it . the same the king testified concerning his said attourny in a letter to the lord keeper ; wherein he justifieth the atturny his action , as being no otherwise then the duty of a servant required . but the parliament made another judgement of it , as namely that sir edward herbert had broken the priviledge of parliament in preferring the said articles , and done an illegal act ; upon which he was committed to prison . these actions of the king , did exceedingly afflict all honest protestants , especially at such a time , when the affairs of bleeding ireland did so much and so speedily require the assistance of england ; which must needs by these unhappy distractions be retarded , and the totall losse of the protestant cause there much endangered . but the city of london was not the least sensible of it ; who in a deep and sorrowfull apprehension of this designe , petitioned the king with an expression of all the fears and dangers which they conceived themselves in at that time . the things which they enumerate in their petition are , that his majesty had put out a person of honor and trust from being lieutenant of the tower ; that he had lately fortified white-hall with men and munition in an unusuall manner : some of which men had abused with provoking language , and with drawn swords wounded divers unarmed citizens passing by . to explain this branch of their petition , the reader must be informed , that the king the very next day after he had entred the house of commons , as aforesaid , went in his coach into the city of london , whither he had heard that those five members had retired themselves ; and was every where humbly entreated by the citizens , in flocks about his coach , that he would be pleased to agree with his parliament , and not infringe the priviledge thereof . the king perceiving which way the affections of the city went , returned again to white-hall , where he staid about a week after . during which time ( by what advice , or to what intention i cannot tell ) he built there a little court of guard , and entertained some gentlemen , and others , who , as the petition declares , gave those affronts to divers citizens that passed by . they complain likewise in the petition of the late endeavours used to the innes of court : the calling in divers canoniers , and other assistants into the tower : the late discovery of divers fire-works in the hands of a papist . but most of all ( say they ) our feares are encreased by your majesties late going into the house of commons attended with a great number of armed men , besides your ordinary guard , for apprehending divers members of that house , to the endangering of your sacred person , and of the persons and priviledges of that honorable assembly . the effects of all which fears tend , not only to the overthrow of the whole trade of this city and kingdom ; which your petitioners already feel in a deep measure ; but also to the utter ruine of the protestant religion , and the lives and liberties of all your loyall subjects . the petitioners therefore most humbly pray your sacred majesty , that by the advice of your great councell in parliament , the protestants in ireland may be speedily relieved , the tower put into the hands of persons of trust , that by removall of doubtfull , and unknown persons from about white-hall , and westminster , a known and approved guard may be appointed for the safety of your majesty , and parliament ; and that the lord mandevill and the five members of the house of commons lately accused , may not be restrained of liberty , or proceeded against otherwise then according to the priviledges of parliament . the king , though he conceived this petition ( as himself expressed ) of an unusuall nature , yet willing to give content to the city , returned a gracious answer to their particulars ; that for ireland , he conceived he had expressed as much care on his part , as possibly he could , and would not fa●l for the future . what he had done concerning the tower , had been to satisfie their fear● before , in displacing one or good trust , and putting in another of unquestionable reputation ; and what preparation of strength soever he made there , was with as great an eye of safety and advantage to the city , as to his own person . for his guard entertained at white-hall , he alleadged the disorderly and tumultuous conflux of people to westminster , to the danger of his royall person , not punished at all by course of law ; and if any citizens were wounded , he was assured it happened by their own ill demeanours : that he knew no other endeavours to the innes of court , then a gracious intimation , that he accepted the tender of their loyall affections , encouraging them to continue the same upon all occasions . that he knew of no fire-works in the hands of papists . for his going to the house of commons , that he intended no course of violence , though that way had been justifiable ; for he was assured that no priviledge of parliament could extend to treason ; which he knew would be proved against them upon cleer grounds , and they in due time should be acquainted with it ; and that his proceedings against them should be according to the lawes . the king presently after his answering of that petition , sent another message to the parliament , that for the present he would wave his proceedings against those five members ; and returned a gentle answer at that time to the petitioners of buckinghamshire , who came to the number of about in behalf of their knight mr. hamden , a gentleman much honored by them , and by most of the whole kingdom ; in which petition they prayed that mr. hamden , and the rest , that lie under the burden of that accusation , might enjoy the just priviledges of parliament . it was then grown a custom , which proved accidentally very unhappie to the kingdom , however it were meant , to come in great numbers to westminster , when they presented pe●itions to the parliament ; though the people petitioning were unarmed , and no just fear from them in the opinion of those who affected the parliament ; yet those who thought themselves not well relli●hed by the people in general , took occasion from thence , either to fear indeed , or at least to pretend fear , alleadging that the parliament was disturbed by such a numerous confluence of people , and the freedom of the houses in some degree infringed , that some of the meaner sort were too apt to cast out rude words against such as they thought to be no good members of the common-wealth , of what degree soever they were . from hence was occasion taken by some , to justifie that guard about white-hall , and afterwards to excuse the kings absenting himself from the parliament : and from this ground did the twelve bishops , about a week before this city-petition , frame their petition and protestation ( for so it was called ) to his majestie and the peers , which was to this purpose : they protested themselves to abominate all actions or opinions tending to poperie , or any malignity against the state ; but were willing and ready to perform their duties in parliament : but whereas , coming to perform that duty and service , they have been rudely menaced , affronted , and put in fear of their lives by multitudes of people , and can finde no redresse or protection upon complaint made , they therefore humbly protest before his majestie and the noble peers , that saving to themselves all their rights and interests of sitting and voting in that house at other times , they dare not sit or vote in the house of peers , until his majestie shall further secure them . and because their fears are not vain , but upon true grounds and objects , they do in all duty and humility therefore protest before his majestie and the peers , against all laws , orders , votes , resolutions and determinations , as in themselves null , and of none effect , which in their absence since the of this instant december have already passed , as likewise against all such as shall hereafter passe , during this their enforced absence from the said house . which protestation they desired the king to command the clerk of that house to record . the lords of parliament immediately delivered by the mouth of the lord keeper at a conference , to the house of commons , that seeing this protestation was of dangerous consequence , and deeply entrenching upon the fundamental priviledges and being of parliament , therefore they thought fit to communicate it to the house of commons . the commons thanked their lordships for imparting it to them with so much affection and speed , and for expressing their sense thereof ; and came to this resolution , to accuse those twelve bishops of high treason . master glynn therefore was sent to the lords ; who at their bar , in the name of all the commons of england , accused those twelve prelates of high treason , for endeavouring to subvert the fundamental laws of the realm , and the very being of parliaments ; and to desire the lords that they might be forthwith sequestred from parliament , and put into safe custodie ; and that their lordships would appoint a speedie day for the commons to charge them . the lords instantly sent the black-rod to finde out these bishops , and apprehend them : so that by eight of the clock at night they were all taken , and brought upon their knees to the bar , and ten of them committed to the tower : two of them , in regard of their age , were committed to the black-rod . the twelve bishops were these : jo. eborac . thomas duresme , robert coven . and lichfield , jos. norwich , jo. asaph , guil . bath & wells , geo. hereford , rob. oxon. matth . ely , godfrey gloucester , jo. peterborough , mor. landaff . such work as this was daily made to the parliament of england ; whereby not onely the relief of ireland was wholly obstructed , but all redresse of the grievances of england , and settlement of the state there , was so long retarded , till both kingdoms were at last involved in the same war and confusion . it was a strange thing that so barbarous and bloody a rebellion should break out in ireland , without any the least suspicion or fear of such a calamity , without any cause given by the innocent english protestants : and surely it may seem as strange a thing , if well considered , that the revenge of so horrid and inhumane a massacre should be thus hindered ; and indeed might be thought almost impossible , unlesse the raising of the one , and hindering the other , proceeded from the same cause . there was a great hope about the beginning of december , that ireland would speedily be relieved , and forces transported out of scotland within a short time to that purpose , considering what careful provisions the parliament of england ( as is before related ) had made upon the first notice of it . but at that time the king was returned from scotland ; and in a speech to the parliament , in which he conjured them to proceed in the businesse of relieving ireland , he likewise took notice of a bill for pressing of souldiers for ireland , depending in the house of peers , and declared his dislike of putting it in that way ; being , as he said , a great infringement and diminution of his royal prerogative ; telling them withal , that he was little beholding to that man , who began such a dispute concerning the bounds of his ancient and undoubted prerogative . but he offered at last that the bill might passe with a salvo jure both to king and people , leaving such debates to a time that might better bear it . this speech of the king 's was much distasted by both houses , as a great breach of parliament-priviledge , insomuch as they framed a petition to him , wherein they expresse , that the king , by taking notice of the debate in the house of lords concerning a bill for pressing of souldiers , had broken the fundamental priviledge of parliament , which is , that he ought not to take notice of any matter in agitation or debate in either house , but by their information and agreement ; and that he ought not to propound any condition or limitation to a bill in debate and preparation , or to manifest his approbation or dislike of the same , until it be presented to his majestie in due course of parliament ; and that every particular member of either house hath free liberty of speech , to propound or debate matters according to order of parliament ; and that the king ought not to conceive displeasure against him for such opinions or propositions . they intreated likewise a reparation for that great breach of priviledge ; and for prevention of the like , that the king would make known who they were , by whose mis-information and evil counsel he had done it , that they might receive conding punishment . this businesse took up some time , and was one unhappie impediment to the sudden relief of ireland , notwithstanding the high necessities of that kingdom , and the affections of england in general to it ; and so heavily went on all preparations , that it was long before the house of commons could finde means to enable the lord lieutenant to send over so much as one regiment , for defence of the castle and city of dublin , which was commanded by a worthy gentleman sir simon harcout ; who being designed governour of the city of dublin , was sent away by order of parliament with his regiment , and landed there on the last day of december , to the great comfort of that city , being much distressed and terrified by the neer approach of the irish rebels . another obstruction of the relief of ireland happened about three weeks after , when the scots delivered eight propositions to the english parliament , touching the sending over of two thousand five hundred scots , which were then in readinesse , into the north of ireland . both houses of parliament consented to all the propositions ; but the king excepted against one of them , being the third , which was , that the scots desired to have the keeping of the town and castle of carricksergus , with power to remain there , or enlarge their quarters at discretion ; and if any regiments or troops in that province should joyn with them , that they receive orders from the chief commander of the scotish forces . against this article the king took exceptions , and desired the houses to take it again into consideration , as a thing of importance , which he doubted might be prejudicial to england : but if the house desired it should be so , himself would speak with the scotish commissioners , to see what satisfaction he could give them therein . the scots told his majestie , that since it was agreed ●pon by both houses of parliament , and that the strength of his majesties argument was , that article implied too great a trust for auxiliary forces , they were in good hope that his majestie , being their native king , would not shew lesse trust in them , then their neighbour-nation had freely done . upon which the king at last was content to admit the article , and the advice of his parliament . this fatal obstruction of ireland's relief , did but second another immediately before : for at the first , the commissioners of scotland had not power given them from the state there , to treat for sending over a lesse number then ten thousand men ; which the lords were unwilling to yeeld to . but that obstacle seemed to be removed by the zealous affection of the house of commons ; who according to those instructions of the state of scotland to their commissioners , voted the sending over of ten tho●sand scots . but the house of lords , after long debate , would not yeeld unto it , unlesse the house of commons would give assurance that ten thousand english might be as speedily sent over : which the commons as much desired , and promised their endeavour in it ; but that the english then could not be so soon raised , much lesse transported , as the scots , every man understood . there was no other reason given , that ever i understood , but onely that it was dishonorable for england , that ireland should be reduced by the scots : and this was the discourse of papists , and other persons disaffected to the cause , among the people every where . though it were much wondered at by all good protestants , that so nice a point of honour should be stood upon , when their religion and cause lay bleeding in ireland after so sad and deplorable a kinde ; which began to deject the spirits of the poor protestants in ireland , and make them suspect some secret workings under-hand against the good affections expressed by the house of commons , and those lords who were well-affected to the state : for they by the greater number were over-voted , so many popish and ill-affected lords , besides four and twenty bishops ( for the bishops voices in parliament were not then taken away ) sitting in that house . it was then also generally talked , and much complained of among the well-affected people , that the king had been so backward in proclaiming those barbarous irish , rebels : and not onely talked among the people , but alleadged by the parliament it self ( in their own declaration afterward , when the breach between king and parliament grew greater ) as a signe that those inhumane rebels had been countenanced by the court of england , in that the proclamation whereby they were declared traitors , was so long with held , as till the first of january , though the rebellion broke forth in october before ; and then no more then fourty copies were appointed to be printed , with a special command from his majestie not to exceed that number ; and that none of them should be published , till the kings pleasure were further signified , as by the warrant appears , a true copie whereof was printed : so that a few onely could take notice of it . and this ( say they ) was made more observable by the late contrary proceedings against the scots , who were in a very quick and sharp manner proclaimed , and those proclamations forthwith dispersed with as much diligence as might he , thorow all the kingdom ; and ordered to be read in every church , accompanied with publike prayers and execrations . that declaration of the lords and commons , in which this is expressed concerning the kings slowe proclaiming of the irish rebels , was published when the king was gone to york ; at which he was much distasted in many particulars , and returned answer to them . among others , because that of ireland seemed to lie heavie upon his reputation , it is just that the reader should see the king 's own answer to that point , that he may the more fairly judge ; which shall be therefore inserted , in the very words of the kings declaration . to countenance those unhandsome expressions whereby usually they have implied our connivence at , or want of zeal against the rebellion of ireland ( so odious to to all good men ) they have found a new way of exprobation , that the proclamation against those bloodie traitors came not out till the beginning of january , though that rebellion broke out in october ; and then by special command from vs , but fourty copies were appointed to be printed . it is well known where we were at that time , when that rebellion broke forth , in scotland ; that we immediately from thence recommended the care of that businesse to both houses of parliament here , after we had provided for all fitting supplies from our kingdom of scotland ; that after our return hither , we observed all those forms for that service , which we were advised to by our councel of ireland , or both houses of parliament here : and if no proclamation issued out sooner ( of which for the present we are not certain , but think that others before that time were issued by our directions ) it was , because the lords iustices of that kingdom desired them no sooner ; and when they did , the number they disired was but twenty , which they advised might be signed by vs ; which we for expedition of the service , commanded to be printed ( a circumstance not desired by them ) thereupon we signed more of them then our iustices desired : all which was very well known to some members of one or both houses of parliament , who have the more to answer , if they forbore to expresse it at the passing of this declaration ; and if they did expresse it , we have the greater reason to complain , that so envious an aspersion should be cast upon vs to our people , when they knew well how to answer their own objection . this was the kings answer to that point of the parliaments declaration concerning ireland . but the house of commons in another declaration , though long after , charge the king upon the same particular , with more circumstances of aggravation : as , that although the rebels had most impudently styled themselves the queens army , and professed that the cause of their rising was , to maintain the king's prerogative , and the queens religion , against the puritan parliament of england ; and thereupon both houses of parliament did humbly and earnestly advise his majestie to wipe away this dangerous scandal , by proclaiming them rebels and traitors to his majestie and the crown of england , which then would have mated and weakned the conspirators in the beginning , and have encouraged both the parliaments here , and good people there , the more vigorously to have opposed their proceedings : yet such was the power of evil counsel about him , that no proclamation was set forth to that purpose , till almost three months after the breaking out of this rebellion ; and then command given that but fourty should be printed , nor they published , till further direction should be given by his majestie . but the businesse of ireland was more particularly touched in subsequent declarations , which in their due time and place may hereafter be related . that proclamation against the irish rebels , came not out above two days before the king entred the house of commons , as is before expressed ; by which act so great a disturbance was made , and the relief of ireland so much retarded . it was likewise complained of to the king by the house of commons , within three weeks after , that since the ports by order of both houses ( as is before mentioned ) had been stopped against all irish papists , many of the chief commanders , then in the head of the rebels , had been suffered to passe by his majesties immediate warrant . of which the king cleared himself in answer to them , that by examining his own memory , and the notes of his secretaries , he could not finde himself guilty of granting any such warrants . chap. iii the queen passeth into holland , with her daughter the princesse mary . difference between the king and parliament concerning the militia . the king goeth toward york , and is followed with a petition from the lords and commons to theobalds , and another declaration to newmarket . the king is denied entrance into hull by sir john hotham . it was wonderful that nothing at all could advance or further this great and necessary work of reducing ireland , when so many courses were propounded and undertaken : as about the middle of february , both houses of parliament had found a way , which they conceived to be most substantial and firm to carry on that war ; namely , by adventuring for proportions of land in ireland ; there being , by their account , within the four provinces of vlster , connaught , munster and leinster two millions and an half of acres of land forfeitable from the rebels in those provinces , to be shared among those adventurers in the city of london , or other counties thereabout , that would bring in or subscribe such sums of money as were thought fit , and which were upon good and serious consideration set down in particular ; whereby , if an happie conquest were made upon those bloody rebels , a large recompence might be made to all those english who either in person of purse had contributed to so good a work . the king was well contented with these propositions , off●ring withal to go himself in person into ireland ( but that was not thought sitting by the parliament ) ; and so far it passed , that an act was made to that purpose , enabling the parliament with power to carry on that war , until ireland should be declared to be wholly subdued ; and that no peace or cessation of arms should be at any time made with those rebels , unlesse both houses of parliament assented to it . but while these things were acting , other businesse , wherein the safety and security of england was concerned , fell into debate ; which was touching the militia of the kingdom of england and dominion of wales , to be setled in every county upon such persons as the parliament should approve . a petition to this purpose was sent to the king , presently after they had received a message from him , dated the twentieth of ianuary , wherein the king in fair language desires the parliament , since that particular grievances and distractions were too many , and would be too tedious to be presented by themselves , that they would comprise and digest them into one entire body , that so his majestie and themselves might be able to make the more clear iudgement of them ; and that it should then appear , by what his majestie would do , how for he hath been from intending or designing any of those things , which the too-great fears and jealousies of some persons , seem to apprehend ; and how ready he would be to equal or exceed the greatest examples of most indulgent princes in their acts of grace and favour to the people . this message was received with thanks by the parliament , who resolved to take it into speedie and serious consideration . but to enable them with security to discharge their duties in those affairs , they desired the king to raise up to them a sure ground of safety and confidence , by putting in the mean time the tower , with other principal forts , and the whole militia of the kingdom , into the hands of such persons as the parliament might trust , and should be recommended to him by both houses . this petition of theirs was not well rellished by the king , as appeared by his answer . but the thing was of so great consequence , that one answer could not suffice . many reiterated petitions were presented , and many answers returned upon this subject , which are extant upon record ; where the king often promiseth to be careful , that no hands , but those who are very faithful to the common-wealth , shall be by him entrusted with any part of the militia ; but the nomination of any persons to those places , he will reserve to himself , it being a principal and inseparable flower of his crown , vested in him , and derived to him from his ancestors , by the fundamental laws of the kingdom . the parliament on the other side affirming , that nothing could enable them to suppresse the rebellion in ireland , and secure themselves , but the instant granting of that humble petition ; which they hoped the king would not absolutely deny : that it was their duty to him and the common-wealth , to represent unto him whatsoever they found so absolutely necessary ; for the preservation of both which , the laws both of god and man enjoyn them to see it put in execution . during the debate of this businesse , and before any absolute conclusion was made of it , the king took a journey to canterbury , upon what reasons , shall be anon declared . it was before related , that the king after his entring into the house of commons to surprise the five members , had stayed a week at white-hall , and then retired to hampton-court ; the next day after , divers citizens , with a great shew of boats , and guns in them , brought the five members to westminster , with many expressions that they would not forsake them , who sare to defend their religion , laws and liberties . the king now resident at hampton-court , seemed extremely distasted at the citie , and pretended the reasons of his absence from parliament to be fear for his person , by reason of tumults that might be raised : but true it is , after this time , he never could be brought neer the citie or parliament either in body or minde . within few days after the king had been at hampton-court , he sent for divers of his servants , who were then members of the parliament , to leave the house , and give their attendance upon his person : but two , the chief of them , robert earl of essex , lately made lord chamberlain of this houshold , and henry earl of holland , groom of the stool , chose rather to obey his writ whereby they were called to assist in parliament about the highest affairs of england , then to obey this private command of his , to come and attend at hampton-court , alleadging in excuse , that their attendance in parliament was truer service to him as king , then any other could be . for this , the king presently after sent a messenger to demand the staff of the one , and the key of the other , being the ensignes of their offices ; which they willingly resigned to the messengers hands . from hampton-court , about the midst of february , the king and queen went to canterbury , and so to dover , with the princesse mary their eldest daughter , married , not a yeer before , to william son to the prince of orange . the queen her self passed from thence into holland , under pretext of keeping her daughter company to her husband , ( the lady was then about ten yeers of age ) which was not at all hindered by the parliament . but the queen carried with her all or the greatest part of the crown-jewels of england , which immediately she pawned in holland , and with that money bought arms and ammunition for that sad war which ensued not long after , between the king and the parliament of england . the king's stay at canterbury and dover was not long , nor the places so remote , but that some businesse might passe , though with great trouble of those lords , and others , members of the house of commons , who posted between , upon all occasions . the greatest thing which was done in that time , was , that the king at canterbury signed the bill for taking away bishops votes in parliament . when the queen and her daughter had taken sail , the king came back to greenwich , whither he sent for the prince and duke of york to come to him , and attend him in his journey to the city of york , which was the place which he intended to reside at , and to that purpose immediately went on his way as far as theobalds ; to which place he was followed with a petition from both houses , presented to him upon the first of march . the substance of it was , to intreat his majestie that be would at last be pleased to grant their necessary petition concerning the militia of england ; which if he did refuse , in these times of distraction , they must be enforced , and did resolve to dispose of it for the safety of the kingdom , in such manner as had been propounded to his majestie . they likewise intreated him to continue his abode neer london , and his parliament , and not to take his son the prince out of those parts : and in conclusion , desired his majestie to be informed by them , his great councel , that by the laws of england , the power of raising , ordering and disposing of the militia within any citie , town , or other place , cannot be granted to any corporation by charter , or otherwise , without the authority and consent of parliament . the king denied to give any other answer concerning the militia , then what he had before done ; that he conceived himself not safe in any place neer london ; and that he would take such a care of the prince his son , as should justifie him to god as a father , and to his dominions as a king. the parliament , upon occasion of that short answer of the king to their petition , voted presently that that answer was a flat denial ; and that all was truth which they had averred in their petition , concerning the danger of his removal so far from the parliament , and likewise carrying of his son away . it was likewise ordered by the lords and commons , that the earl of northumberland lord admiral , should give speedie directions for all the ships belonging to the navie royal , to be speedily rigged , and fitted for the service of the common-wealth . a declaration was drawn then by both houses , and presented to the king at newmarket , upon the ninth of march , by the earls of pembroke and holland , with some members of the house of commons , wherein were represented to him some of the old grievances expressed in the first remonstrance at his return out of scotland : as , that the designe of altering religion had been carried on by those of greatest authority about him , for divers yeers : that the war against scotland was procured in order to that designe : that the rebellion in ireland was contrived here in england , out of many presumptions gathered from several examinations there . they speak likewise of his attempt for bringing his army against the parliament , of which before mention was made ; of his warrants granted contrary to promise , for transportation of jermyn , digby , and other delinquents ; of that great breach of parliament-priviledge , in coming to the house of commons to surprise those members : by all which they endeavour to prove their fears and jealousies grounded upon true substantial reasons , and necessary for the safety the common-wealth entrusted to them ; and that the kings fear to reside neer london , is altogether without ground , and pretended for nothing but to perplex the common-wealth , proceeding from evil and traiterous counsels ; affirming , that his majesties absence would cause men to believe , that it was out of designe to discourage the undertakers , and hinder the other provisions for relieving ireland ; that it would hearten the rebels there , and all dis-affected persons in this kingdom . the king expressed much indignation when he received this remonstrance , complaining of the manner of it , that it was onely an upbraiding , not an invitation or perswasion of him to return to the parliament ; and told them , that in all aristotle's rhetoricks there was no such argument of perswasion ; and that he would answer it in another declaration , which within few days after was drawn up , and published ; wherein , with deep protestations , he vindicates the truth of his religion , and justifies his other proceedings , denying those warrants for transporting master jermyn and others , in that manner which they urge them : taxes them with their needlesse fears , and uncertain expressions of advertisements from rome , venice , paris , and other places : recites the many gracious acts which he had already passed this parliament , to satisfie his people ; and protests in conclusion , that he is most desirous to reside neer his parliament , and would immediately return to london , if he could see or hear of any provisions made for his security . the king sent them another message from huntingdon on the of march , being then upon his removal to the city of york ; wherein he expresses his care of ireland , and not to break the priviledge of parliament ; but chiefly , to let them know that he understands his own rights ; forbidding them to presume , upon any pretence of order or ordinance ( to which he is no party ) concerning the militia , or any other thing , to do or execute what is not warranted by those laws ; and withal recommending to them the substance of his message of the twentieth of ianuary last ; that they compose and digest with all speed such acts as they shall think fit , for the present and future establishment of their priviledges . these were the heads of some declarations , petitions , and answers : for about this time , and for three months after , such messages , remonstrances , petitions and answers grew so voluminous upon all occasions , as might , recited verbatim , make a large history . thus is the king gone to york , while the parliament sit at london , declaring in vain , and voting ( as they did upon receipt of his last message ) by consent of both houses , . that the king's absence so far remote from his parliament , is not onely an obstruction , but may be a destruction to the affairs of ireland . . that when the lords and commons in parliament shall declare what the law of the land is , to have this not onely questioned and controverted , but contradicted , and a command that it should not be obeyed , is an high breach of the priviledge of parliament . . that they which advised the king to absent himself from the parliament , are enemies to the peace of this kingdom , and justly to be suspected as favourers of the rebellion in ireland . it may seem strange to a reader , that the king , without any , but such bootlesse opposition as pen and paper can make against him , even in the sight and notice of a parliament , whilst they not onely beheld his actions , but seemed to discern the designes , and foresee the effects which would flow from them , could be able to carry the work on so clearly and so far , until the whole kingdom were thereby involved in a most calamitous and destructive war. i will not presume to publish any opinion of mine own , how or when this ruine of the kingdom should have been prevented ; but onely relate what was then done , that posterity hereafter may judge of it . it was not unknown to the parliament , at least not unsuspected ( for it was usually talked among the people of that time ) that the queen , when she passed into holland , carried with her the crown-jewels , to pawn or sell there : which if she did , they could not be ignorant what the intention was , or what the effect was like to prove ; nor could it be unknown to them how unlawful the act was , and therefore how fit to be prevented ; for they indicted her asterwards of high treason for that fact , and were able to tell the world in a declaration , how great a crime it is in a king himself to make away the ornaments of the crown , and in particular , the jewels of it ; yea , in such kings as did it onely to spend or give away , not to maintain war against their own people , for whose preservation not onely those , but whatsoever they possesse , was first bestowed on them . they seemed to oppose the prince his departure from hampton-court , to attend the king his father into the north , because it might increase fears and jealousies in the people : but the king carried him away . above all the rest , they were not ignorant how wonderful an obstruction to all businesse of parliament , and to the setling of england , or relieving of ireland , that far removal of the kings person from the parliament must needs prove , and which themselves sufficiently expressed : that the very journey it self , though no worse designe were in it , was in no kinde excusable , as most inconvenient , for the reasons aforesaid , and convenient in nothing that was ever alleadged for it . yet the king passed quietly thither . one designe of the king , which indeed was thought the chief of that his northern expedition , was prevented by the parliament by an open and forcible way , which was the seizing upon the strong town and fort of hull , with all that magazine of arms which was there deposited . but it was very remarkable what means had been used on both sides , to prevent , if it had been possible , that open denial of the king's entrance into hull , and that the matter should not have come so far : which the king conceived so great an affront to him , that it grew the subject of many large and voluminous declarations afterward , from either part. for the prevention of that , before it happened , the king from york , had sent a message to the parliament upon the eighth of april , that he intended to go in person over into ireland , to chastise by force of arms those barbarous and bloodie rebels ; and to that purpose , he thought fit to advertise the parliament that he intended to raise forthwith , by his commissions , in the counties neer westchester , a guard for his own person ( when he should come into ireland ) consisting of two thousand foot , and two hundred horse , which he would arm at westchester , from his magazine of hull . but at the same time , the lords and commons in parliament had sent a petition to the king , for leave to remove the magazine at hull to the tower of london ; alleadging that the stores of arms and ammunition in the tower were much diminished , and that the necessity of supplies for the kingdom of ireland ( for which they had been issued from thence ) daily increased : that the occasion for which the magazine was placed at hull , was taken away , there being no danger now from scotland . they likewise alleadged that it would be kept in the tower with lesse charge , and more safety , and transported from thence with much more convenience for the service of ireland . the king seemed very angry at this petition , alleadging , among other things , that if any of those arms were designed for vlster or leinster , the conveyance of them would be more easie and convenient from hull , then from london . but most of all he seemed to be exasperated ( for the parliament had used timely prevention ) that they had sent to keep out from thence the earl of newcastle , whom the king in that answer termeth a person of honour , fortune , and unblemished reputation , and committed that town and fort ( without his consent ) to the hands of sir john hotham . the parliament , as it appeared by their expression in a declaration at that time , were much confirmed in that opinion which they had of the king 's aiming at hull , when he went northward , by an intercepted letter from the lord george digby , dated from middleborough in zealand the of ianuary , to sir lewis dives , wherein he writes , that if the king will declare himself , and retire to a safe place , he should be able to wait upon him from thence , as well as out of any part of england , over and above the service which he might do for him there in the mean time . the like expressions he used in another letter to the queen , intercepted in the same packet , intimating some service he might do her in those parts ; and desired a cypher , whereby to hold correspondencie with her in writing . this young lord , of whom we spake before about the death of the earl of strafford , a man of excellent parts , and one that had been acceptable to the parliament , until his speech about that businesse , and some other miscarriage detected upon the same occasion , was much alienated in heart from the parliament , because that speech of his ( which he had printed against command ) was ordered to be burned by the hands of the hang-man ; so that afterward he became a great cherisher , as appeared in divers things , of those divisions which were growing between the king and parliament , and was voted against in the house of commons , as a disturber of the publike peace , for appearing armed at kingston upon thames in an unusual and illegal manner , with other circumstances there to belonging . whereupon the lords in parliament sent for him ; and if he appeared not within twenty days , proclaimed him traitor . but he in the mean time was transported by sir john pennington into holland , by a warrant under the kings hand , as the declaration of the lords and commons to the king in march following expressed . during the time that the king and parliament were ( as aforesaid ) busied about getting the magazine of hull , the parliament proceeded by degrees in setling the militia in divers counties , and putting the commands into such hands as they reposed confidence in ; as likewise to take charge of the navie , and provide by that means against any forraign force that might assault the kingdom . and because the earl of northumberland lord admiral , by reason of indisposition of health , was disenabled then for commanding the fleet in his own person , they thereupon recommended to his lordship the earl of warwick ( a man of such ability in sea-affairs , and such untainted reputation , as they durst highly trust ) to supply his lordships room in that employment . but understanding that the king had chosen sir john pennington into that command , a message was sent from both houses to the king on the of march , to intreat him that the employment might no longer be detained from the earl of warwick , as a noble person chosen by both houses of parliament in that service , the charge whereof was to be born by the common-wealth . the king refused to admit of the earl of warwick , taking great exception at the message from both houses , as appeared by his letter to the lord keeper concerning it , that they would take upon them the nominating of the chief sea-commander . but the earl of warwick , within few months after , though not without some opposition of divers gentlemen , who had before been placed in command by the king , and strove to carry away their ships to his majestie , was possessed of the whole navie : of which some more particulars may hereafter be related . upon the of april , the king , attended by some noble-men , and no great train of gentlemen and souldiers , came before the walls of hull , to demand entrance there ; but he found the gates shut , and the bridges drawn up , by the command of sir john hotham a member of the house of commons , and by the parliament entrusted with the government of that town . sir john hotham appeared upon the wall , and kneeling down there , intreated his majestie that he would be pleased not to command that , which he must be enforced ( though extremely grieved to disobey his majestie in any thing ) to deny at that time ; alleadging that he could not admit his majestie , without breach of trust to the parliament , beseeching the king to give him leave to send to the parliament , to acquaint them with his command , and take their direction . the king , upon this denial , grew into choler , and after some hot words , seeming not to believe that the parliament had commanded any such thing ; & to that purpose speaking , demanded of sir john hotham , that if he had order from the parliament to keep out his person , he should shew it in writing ; for otherwise he would not believe it . but sir john hotham , because the order was not in those expresse words , as naming the kings particular person , though he knew the sense and meaning of the parliament , did not produce any writing ; onely beseeching the king not to command him that which he might not do . whereupon the king , after some hours spent in vain about the town , proclaimed sir john hotham traitour ; and returned , when he had received out of the town his son the duke of york , and his nephew the prince electour , whom sir john the day before had admitted into the town , entertained , and lodged there that night . the next day the king , in a message to the parliament , complained of that affront offered by sir john hotham , accusing him for that he had traiterously and seditiously strived to put his disobedience upon the parliament , the king seeming to believe that hotham had done it upon his own head , without any direction or authority from them : and within two days after , sent another message to the parliament , complaining in a sharper manner then before , of that great indignity , which , if they afforded him no reparation , would make the world believe that his priviledges were lesse then any subjects in the land ; and that it was more lawful to rob him of his proper goods , then the meanest member of the kingdom . he sent also , at the same time , a letter to the maior of hull , commanding him , and all officers of that town , to take care that no part of the magazine should be removed , or transported out of the town , under any pretence of order or power whatsoever , without his royal assent , under his hand . he caused likewise all passages between hull and london to be stopped up , and by that means apprehended a servant of sir john hotham's , going with a letter to the parliament concerning the proceedings before mentioned . the parliament immediately , upon notice of these things , declared their reasons for hull , and that the stopping of passages , and intercepting of messengers or letters to or from the parliament , or in their service , was an high breach of the priviledges of parliament , which by the laws of the land , and their protestation , they were bound to defend , and punish the violators ; authorizing , by ordinance of both houses , all sheriffs , justices , constables , and other officers , to aid them employed in the said service , for their more speedie , free , and safe passage ; giving order also to the said officers within the counties of york and lincoln , to suppresse any armies raised to force hull , or stop the passages before mentioned , in disturbance of the kingdom 's peace . it was voted by them , two days after , that sir john hotham had done nothing but in obedience to the command of both houses of parliament . resolved also it was upon the question , that this declaring of sir john hotham traitor , being a member of the house of commons , was an high breach of the priviledge of parliament . resolved again , that declaring sir john hotham traitor , without due processe of law , was against the liberty of the subject , and laws of the land. an order of assistance was then given to the earl of stamford , the lord willoughby of parham , sir edward ayscough , sir christopher wray , sir samuel owfeild , and master hatcher , as committees of both houses sent down to hull , and the two counties of york and lincoln , for service of the kindom , that all sheriffs , justices , maiors , &c. should be assisting to them upon all occasions . to that declaration , votes , and orders of assistance of both houses of parliament , the king , on the fourth of may , returned an answer , wherein at large he expresses how hainous the affront was , and how much he accounts himself injured by the parliament , in not repairing him against hotham ; labouring to prove by ancient statutes there cited , that sir john hotham's denial of entance to him , was absolutely high treason by the law of the land. upon this subject , within the space of one week , two other declarations and answers passed between the king and both douses , too large to be here inserted : but the scope of the king's declarations in general , are to vindicate his own rights and dignity allowed him as king , by the laws of the land ; wherein he seemeth not to take notice of the present occasion , or such things as are conceived dangers , and thought necessary to prevent , by a parliament sitting . the parliament on the other side , with all humility , and reverent expressions to the kings person , seeming to take no notice of any affront offered or intended to his majestie himself , but onely of preserving hull , the militia , and navie , out of the hands of those wicked counsellors , which they conceived to be too prevalent with him , to the danger of ruining the kingdom and himself ; both which they laboured to preserve , and were lawfully called to it by that authority which belongs to parliaments , by the fundamental constitution of english government . they desire to inform the king , that his interest in towns , arms , or the kingdom it self , is not of that kinde that private men have interest in their goods , to sell or dispose of at pleasure ; but onely as entrusted to him for the good of all : in performance of which trust , none but the parliament , while it sitteth , are or ought to be his counsellors and directors : that there can be no good or useful disputation , where the principles are not granted : and it was ever heretofore taken ( say they ) for a certain principle , that the parliament sitting is the onely judge of what is dangerous to the common-wealth , and what useful , as likewise what is lawful in those cases ; which the king , by advice of no private counsel whatsoever , ought to control , or contradict : which principle till the king will be pleased rightly to apprehend , disputations and declarations are endlesse , and no true understanding between him and his people can be begotten . of all these things if a reader desire to be satisfied in particular , he may sinde the questions all fully stated by the parliament , and the king's desires expressed by himself , in two large declarations ; one called the parliaments third remonstrance , dated the of may , ; and the king's answer to that remonstrance . but things began to go on in an high manner ; the parliament authorizing sir john hotham to issue out warrants to constables , and other officers , to come with arms for the defence of hull : and the king on the other side , forbidding any such warrants , bringing , or training , without an expresse authority under his hand . the king had summoned the gentry of that county to attend him at the city of york , which they accordingly did , upon the of may , ; where he caused , after he had spoken some few words to them , to be read aloud in their hearing , his answer to the declaration of both houses concerning hull , the answer of the parliament to his two messages concerning hull , together with his reply to the same , and his message to both houses , declaring the reasons why he refused to passe that bill of the militia : after which , he proceeded in a speech to them , wherein he strove to make them apprehend , that traiterous attempts might be against his person ; and for that reason he desired a guard of horse and foot to be levied there for his defence . he complained likewise that the committee of parliament consisting of four members of the house of commons , ferdinando lord fairfax , sir hugh cholmley , sir philip stapleton , and sir henry cholmley , refused to obey his command : for they being there employed in their own country by the parliament , to do service to the state , were commanded by the king to depart out of the county ; which they durst not do , against the intention of the parliament , who employed them there . but the king in that speech to the county , bade them take heed of those four gentlemen , not knowing what doctrine of disobedience they might preach to the people , under colour of obeying the parliament . the king's speech and declaration read , seemed to be much applauded by many gentlemen , and their servants : as when those things which came from the parliament were read , the same persons expressed much scorn , hissing , and reviling the language and reason of them . but divers of the gentry , and greatest part of the free-holders , began with sorrow to consider that this division of the king from his great councel , could produce nothing but misery to the kingdom , and dishonour to himself : and therefore they humbly answered his propositions concerning a guard , tha● they were willing to do any service , or expose their lives to any hazard for the safety of his majesties royal person ; yet they thought themselves unworthy to advise him in a thing of so high consequence ; but humbly beseeched him to impart the grounds of his fears and jealousies to his high court of parliament , of whose loyal care and affections to the king's honour and safetie , and prosperitie of the whole kingdom , they were most confident . and in behalf of the four fore-mentioned members of parliament lately employed to attend your majestie ( said they ) from both houses , being all gentlemen of quality and estate in the county ; we humbly crave your majesties leave to expresse our confidence in their unstained loyalty to your majestie , so far as that you may securely admit their attendance to negotiate their employments , until they shall be recalled by the parliament . and we do all engage our selves for their fidelity , as being most assured that your royal person shall be secure in the general loyalty of your subjects in this county , without any extraordinary guard. the king was presented also , the next day , with a petition from many thousands , who termed themselves peaceably-affected subjects in the county of york , in which expressing their loyaltie and affection to him , they speak thus : we are confident that no so absolute and hearty observance of your majesties just commands can be demonstrated , as when you shall in parliament declare them : if they be divided ( which god forbid ) our hearts even tremble to consider the danger , and diminution of the honour and safety of your self and kingdom ; since it is clear to every understanding , that it is not a divided part of one or several counties , can afford that honour and safety to your majestie , as the whole kingdom : which you may command , no ground of fear or danger remaining , if a good confidence were begot betwixt your majestie and the parliament ; whose grave and loyal counsels are , as we humbly conceive , the visible way , under god , to put a speedie end to the troubles in ireland , and establish your throne in righteousnesse . and lastly , we humbly supplicate that we may represent our unfitnesse to become iudges betwixt your majestie and parliament in any thing , or dispute the authority of either ; which we humbly conceive do fortifie each other , &c. the king was not well satisfied , or pleased with this petition , but persisted still in his former way of raising forces , under the name of a guard ; whilst the parliament were voting to maintain those gentlemen their committee in the north , in such things as they have done , and shall further do in obedience to their commands , for preservation of the kingdom 's peace ; as also to maintain their ordinance concerning the militia , and to issue out commissions into all parts of the kingdom , and appoint certain days for all the trained bands to be exercised in each county according to that ordinance ; and that some members might be sent into the several counties , to see the ordinance performed ; and the magazines of those several counties in england and wales to be forthwith put into the power of the lord lieutenants of the said counties , being such as were entrusted by the parliament . and whereas the king had made proclamation for all the gentlemen and others of that county to attend him in arms as a guard ; the parliament three days after declared , that it was against the laws and liberties of the kingdom , that any of the subjects thereof should be commanded by the king to attend him at his pleasure , but such as are bound thereto by special service ; and that whosoever , upon pretence of his command , shall take arms , and gather together with others in a warlike manner , to the terrour of the king's people , shall be esteemed disturbers of the publike peace : and that the sheriffs of those counties where such raising or drawing of armed men should be , should immediately raise the power of the countie to suppresse them , and keep the king's peace according to law. so different and directly contrary , at this time , were the commands of the king and parliament , in all things , that the lords in parliament having been informed that the king was resolved to adjourn the next term from westminster to york , and had given command to the lord keeper to issue proclamations and writs to that purpose , voted that such a removal of the term , while the parliament sate , was illegal ; and ordered that the lord keeper should not issue any writs , or seal any proclamation tending to that end . chap. iiii. many members of both houses leave the parliament , and repair to the king. nine of the lords who first went away , are impeached by the commons , and censured by the peers . the great seal is carried away from london to york . some votes of parliament concerning the king's proceedings . a petition , with nineteen propositions sent from the parliament to the king. the king proceeded in his earnest endeavour of raising forces , as a guard for his person : which in some measure he had effected , by many fair expressions of love and grace to the people of those northern counties , and serious protestations of the clearnesse of his intent from any violation of laws and liberties of the kingdom , or making war against the parliament . but the kingdom was not much affrighted with any forces which the king could so raise ; nor could any other attempt of his in the northern parts , make the people fear a civil war , until they saw that great defection of the parliament members , which began before the end of april , and continued for the greatest part of that may : for at that time did the lords one after another , and sometimes by numbers , abandon the parliament sitting , and go to the king at york ; insomuch that in a very short space , those lords became the greater number ; and their departure began therefore to seem lesse strange , then the constant sitting of the rest . the lords who left the parliament , were these : the duke of richmond , marquesse hartford , the earls of lindsey , cumberland , huntingdon , bath , southampton , dorset , salisbury ( although salisbury , within few days after , repenting himself , made a secret escape from york to london , and joyned hims●lf . it again to the parliament , with whom he continued constant ever after ) northampton , devonshire , bristol , westmerland , barkeshire , monmouth , rivers , newcastle , dover , carnarvan , newport ; the lords matrevers , willoughby of eresby , rich , howard of charleton , newa●k , paget , chandoys , fawconbridge , pawlet , lovela●e , savile , coventry , mohun , dunsmore , seymour , grey of ruthen , capel . within the same compasse of time , many of the house of commons , though no great number , in respect of those who continued in that house , did likewise so far break that trust which was r●posed in them , as to 〈◊〉 ●ake their ●ears in parliament ; some of them , as was r●po●ted , invited by letters from the king , and others of their own accord . at the revolt of so many members from the parliament , the kingdom in general began to fear ; and all that loved the nations peace , were in an high measure dismayed ; among whom nothing was to be heard , in all meetings and discourses , but sad presages of misery to the kingdom , if almighty god did not in a miraculous way prevent it : they concluded that no other way could have been ●ound out to endanger the overthrow of that parliament , which many open attempts and secret conspiracies could not do● that as the ruine of england could not in probability be wrought but by it self ; so the parliament could not be broken ( a prologue to the other ) but by her own members , and that sentence verified , perditio tua ex te . though the opinions of men differed concerning the censure of those members ; while some condemned , others in some degree excused them , according as affection and private interests did lead them : yet concerning the effects which that revolt in all probability must produce , all rational men concurred in opinion , that nothing but calamity and ruine could flow from it . what else ( said they ) can this revolt do , but nourish and increase the king's disaffection to the parliament ? what , but encourage his distance from it , and attempts against it ? what , but secure the irish rebels , and endanger the losse of that kingdom ; cherish papists , obstruct justice , and give impunity to all delinquents ? nothing else had power to undermine and shake the dignity and reverence belonging to that high court ; whilst not onely the people by that diminution of their number , were perswaded to esteem of it as an imperfect parliament ; but the king might take that advantage of it ( which proved true in his succeeding declarations and writings , what he never did before ) as to call them a faction , or pretended parliament , and such like . in censuring those lords and commons who deserted the parliament , the people , as was said before , did much differ . some considering how great the number was , that many of them were of whole estates , of good reputation , and able parts , began to to think , or at least to say , that the parliament was not free enough ; that those members ( which was also their own excuse ) were curbed by a prevalent faction in the houses , and over-awed by tumults from the city of london . upon that occasion , they called to minde in what manner the names of nine and fifty members of the house of commons had been posted up at the exchange , for dissenting from the rest about condemning of the earl of strafford ; besides what menacing speeches had been given by rude people to some lords , whom they thought ill-affected . others answered , that although such things had been rashly and foolishly done by some unadvised persons , yet it could not be feared that any tumults from the citie would ever violate a parliament sitting ; and that the tumultuous appearance of such multitudes from the citie , was rather intended for encouragement and security of the parliament against such invasions as might be made upon them , to aw their just freedom , and treacherous conspiracies which by report were made against them by people disaffected to that high court ; which that plot of bringing the army against them formerly , and late resorts of armed persons about white-hall , gave them cause to fear : that no fears of danger could be pretended from the house it self against any member , but such as that member was bound to undergo and suffer , rather then betray so great a trust of the people : that it was to be presumed , no member of parliament who was well-affected to his country , could suffer any thing from the house it self ; whose ends and counsels must needs be supposed to tend to the publike good , or else our ancestours , who constituted that frame of government , were much deceived : that it was very improbable the liberty of subjects should be violated by that court , which is the onely defence and conserver of it , and without which , it had always suffered from princes , yea , such princes as were not very wicked . they alleadged that it was very dishonourable for those lords , being the greater number , to pretend fear for deserting the parliament : for if it were upon a true dislike of any proceedings there , they were enow to haved stayed , and perchance have cured those inconveniences , and too many to have suffered in a good cause ; though honour would command one man alone , lawfully called to it , to maintain a truth with any hazard . on the other side , they were too many to flee , to encourage the king against his parliament , and thereby soment that dissention which could produce no good effect . it was alleadged by many men , that some of those lords were noble-men of honourable and vertuous repute . though that were not denied , nor could any certain signe from the former d●meanours of the lords in general , arise , to distinguish who were likely to adhere to the parliament , and who to desert it ( for they were deceived on both sides , in some particulars ) yet certainly it was averred , that those lords whom the people had most especially trusted in , as true patriots , proved to be part of those who continued in the house ; and those whom the people in general distasted or distrusted , happened to be among those who upon this occasion forsook the parliament . it was likewise frequently spoken , that those members of the house of commons who deserted it , were men generally of as able parts as any that continued there . it was no wonder , ( replied others ) but very probable that they were such men , and such as had , or thought they had good parts enough to be looked upon by a prince : for those men ( though we should esteem them all of equal honesty ) were likeliest to fall off . there is a difference between wisdom and good parts , such as we count eloquence , wit , polite learning , and the like : and that wisdom which is least adorned with such dresses as these , is usually at such times most safe in it self , and freest from being corrupted ; as that beauty is , which is set off with the least witchery of attire : for that beauty which is curiously decked , as it is most subject to be tempted by others ; so it is most apt to be proud of it self , and by consequence , to betray it self to such a temptation as is great enough . so it hath been often seen in this case ( as was observed by an old parliament-man ) that those gentlemen of fine parts , when other men of a plainer wisedom have had the honour in a constant way to do excellent service for the common-wealth , have been won from their countrey 's cause , as soon as majestie hath at all vouchsafed to tempt them , or that perchance their opinion of themselves hath made them meet or seek such a temptation . besides that danger of invitation from a king , it hath been too often known , that men of such parts , or that think so of themselves , have been apter to take pet , and grow angry , when any speech of theirs hath not received that honour which they expected , or any other affront hath been offered to them ; and what such an anger may make proud and ambitious spirits to do , even against their own country , and the dictates of their conscience and reason , the world hath been taught by many examples , some of high consequence , and very remarkable , such as coriolanus the romane , and julian the spanish general , which for the eminence of the persons , and extraordinary effects which they wrought in the world , must needs fall into record ; when the actions of mean and private men are buried in oblivion . besides , there are many , whose callings make them capable of easier and greater gratifications from the king then other men ; as lawyers and divines ; who will therefore be apt to lean that way where the preferment lies . such discourses were frequent in all companies at that time , for different affections did at all meetings beget such argumentative language . what sense and apprehension the parliament had of so many members forsaking their station , shall appear anon , by a vote passed in the house of commons , and presented to the lords by master denzil hollls , after some intervening passages have been related . whilst the king encouraged and strengthened by this great accession of reputation to his side , pursued his designe of raising forces in the north ; the parliament , after that they had on the twentieth of may peti●ioned the king to disband such forces , and rely for his security ( as his predecessours had done ) upon the laws , and affections of his people , contenting himself with his usual and ordinary guards ; declared that otherwise they held themselves bound in duty towards god , and the trust reposed in them by the people , and by the fundamental laws and constitutions of the kingdom , to employ their care and utmost power to secure the parliament , and preserve the kingdom 's peace ; and immediately it was voted in parliament , and resolved upon the question , that it appears that the king , seduced by wicked counsel , intends to make war against the parliament , who in all their consultations and actions have proposed no other end unto themselves , but the care of his kingdoms , and the performance of all duty and loyaltie to his person . it was likewise resolved upon the question , that whensoever the king maketh war upon the parliament , it is a breach of the trust reposed in him by his people , contrary to his oath , and tending to the dissolution of this government . as also , that whosoever shall serve or assist him in such wars , are traitours by the fundamental laws of this kingdom , and have been so adjudged in two acts of parliament ; rich. . and hen. : and that such persons ought to suffer as traitours . but those lords who had forsaken the parliament continuing still with the king in the northern parts , the parliament by an order of the of may , summoned nine of them , who first had gone away , to appear at westminster ; viz. the earls of northampton , devonshire , dover , and monmouth ; the lords howard of charleton , rich , grey of ruthen , coventry , and capel : but they utterly refused to come away , returning an answer in writing ; which the parliament judged to be a slighting and scornful letter : upon which , a vote was passed against them in the house of commons , and presented on the of iune to the lords , by master hollis ; with an oration of his own concerning the importance of the businesse ; the greatest part of which speech being here inserted , may give light to the reader concerning the condition of the kingdom at that time , and the judgement of the houses upon it . his speech began thus : my lords , by command of the knights , citizens and burgesses of the house of commons , i come hither to your lordships in behalf of the parliament , or rather in behalf of the whole kingdom , labouring with much distraction , many fears , great apprehensions of evil and mischief intended against it , and now hatching and preparing by that malignant party , which thirsts after the destruction of religion , laws and liberty ; all which are folded up , cherished and preserved in the careful bosome of the parliament . it hath ever been the policie of evil counsellors ( who are the greatest enemies we have in the world , or can have ) to strike at parliaments , keep off parliaments , break parliaments , or divide parliaments , by making factions , casting in diversions and obstructions , to hinder and interrupt the proceedings of parliament ; all against the parliament . your lordships have had experience of this truth this parliament ; a succession of designes upon it : first , to aw it , and take away the freedom of it by the terrour of an army ; then , to bring force against it , actually to assault it , and with the sword to cut in sunder this onely band which ties and knits up king and people , the people among themselves , and the whole frame of this government , in one firm , and i hope indissoluble knot of peace and unity . god diverted those designes , did blowe upon them ; presently , another is set upon , which was , to obstruct and hinder our proceedings , that in the mean time the flame of rebellion might consume the kingdom of ireland , and distempers , distractions and jealousies be somented here at home , to tear out the bowels of this kingdom , the parliament being disabled from helping it , by occasion of so many diversions , so much businesse cut out unto it , many obstructions and difficulties , especially that great one , from whence all the rest receive countenance and support , his majestie 's absenting himself , not concurring with us , and so withdrawing both his presence and influence ; by which means such remedies could not be applied as were necessary , and what was done , was done with infinite trouble to the parliament , and excessive charge to the subject , double , treble , what otherwise would have served the turn : so the subject is grieved , and oppressed with charge , and the blame of all is laid upon the parliament , and the parliament unjustly said to be the cause of all these evils , which the authors of them had made so great , and so confirmed and secured by the frequent interruptions of the parliament , that they could not suddenly nor easily be suppressed or removed . well , by god's infinite blessing , the parliament was in a fair possibility to wade thorow this likewise ; and though the night had been black and stormy , some day began to appear : miraculously our armies have prospered in ireland , and god be praised , the malevolent practices of these vipers at home , as they appeared , were in some sort mastered ; and the parliament began to act and operate towards the setling of the great affairs both of church and state , and providing for the defence and safety of this kingdom , against either forraign invasion , or any striving of the disaffected party among themselves . then three ways are together assayed for the weakning and invalidating the proceeding and power of the parliament , and making way for the utter subversion of it . . force is gathered together at york , under pretence of a guard for his majesties person , to make an opposition against the parliament , and by strong hand to support and protect delinquents , so as no order of parliament can be obeyed , but on the other side is slighted and scorned , to make the parliament of no reputation , to be but imago parliamenti , a meer shadow , without substance , without efficacie . . to send out in his majesties name , and as declarations and messages from him , bitter invectives against the parliament , to perplex it , and engage it in expence of time to answer them : and besides , cunningly to insinuate and infuse into the people by false colours and glosses , a disopinion and dislike of the parliament , and if it be possible , to stir up their spirits to rise against it , to destroy it , ( and in it , all other parliaments ) to the ruine of themselves , their wives and children . . the third plot is : the members are drawn away , and perswaded to forsake their duty and attendance here , and go down to york , thereby to blemish the actions of both houses , as done by a few and an inconsiderable number , and rather a party then a parliament , and perhaps to raise and set up an anti-parliament there . my lords , this is now the great designe , whereby they hope by little and little the parliament shall even bleed to death , and moulder to nothing , the members dropping away one after another : a desperate and dangerous practice , and as your lordships well observed ( when you were pleased to communicate the businesse to us ) an effect of the evil counsels now prevailing , and tending to the dissolution of the parliament , of this parliament , which under god must be the preserver of three kingdoms , and keep them firm and loyal to their king , subject to his crown , save them from being turned into a chaos of disorder and confusion , and made a dismal spectacle of misery and desolarion ; this parliament , which is the last hope of the long-oppressed , and in other countries even almost wholly-destroyed protestant religion : this parliment , which is the onely means to continue us to be a nation of freedom , and not of slaves ; to be owners of any thing : in a word , which must stand in the gap , to prevent an in-let and inundation of all misery and confusion . my lords , this parliament they desire to destroy ; but i hope it will destroy the destroyers , and be a wall of fire to consume them , as it is a wall of brasse to us , to defend king , and kingdom , us , and all we have . your lordships wisely foresaw this mischief , and as wisely have endeavoured to prevent it , by making your orders to keep your members here ; as that of the ninth of april , and several other orders enjoyning them all to attend ; thereby restraining them from repairing to york , where the clouds were observed to gather so fast , threatning a storm , and such preparations to be made against the parliament , that it necessitated both houses to passe a vote , that the king , seduced by wicked counsel , intended to make war against the parliament : and all who shall serve and assist in such wars , are declared to be traitours : which vote passed the of may : so setting a mark upon that place , and their opinion concerning those who should at this time resort thither . yet now , in such a conjuncture of time , when the kingdom had never more need of a parliament , and the parliament never more need of all the help and assistance , of the best endeavour and advice of every member ; the safety , and even being of three kingdoms depending on it ; after such orders and commands of your lordships house to the contrary ; such a vote of both houses ; and expressely against their duty ; being called thither by writ under the great seal , which is the king 's greatest and highest command , and not controllable , nor to be dispensed with by any other command from him whatsoever ; and called to treat and consult de arduis regni , the great urging and pressing affairs of the kingdom , never more urgent , never more pressing : notwithstanding all this , these lords , the earls of northampton , devonshire , dover , monmouth ; the lords , howard of charlton , rich , grey , coventry , and capel , have left their stations , withdrawn themselves , and are gone to york● and being ●ummoned to appear by an order of the of may , in stead of obedience , return r●fusal , by a slighting and scornful letter , which hath been so adjudged both by your lordships , and the house of commons . my lords , the ●ouse of commons hath likewise , upon the consideration and debate of this businesse , finding it so much to concern the safety of the kingdom , and the very being of the parliament , passed this vote ; that the departing of these nine lords from the parliament without leave , after such a time as both houses had declared , that the king , seduced by wicked counsel , intended to make war against the parliament ; and their still continuing at york , notwithstanding their summons and command , is an high affront and contempt of both houses ; and that the said lords did as much as in them lay , that the service of parliament might be deserted , and are justly suspected to promote a war against the parliament . the house in further prosecution of their duty in this particular , and in pursuance of their protestation , which obliges them to endeavour to bring to condign punishment all such high offenders against , not onely the priviledges , but the very essence of parliament , have sent me up to impeach these lords , and desire that speedy and exemplary justice may be done upon them . and accordingly , i do here , in the name of the knights , citizens and burgesses of the commons house assembled in parliament , and in the name of all the commons of england , impeach spencer earl of northampton , william earl of devonshire , henry earl of dover , henry earl of monmouth , charles lord howard of charleton , robert lord rich , charles lord grey of ruthen , thomas lord coventry , and arthur lord capel , for these high crimes and misdemeanours following ; viz. for that , contrary to their duty , they being peers of the realm , and summoned by writ to attend the parliament ; and contrary to an order of the house of peers of the ninth of april last , and several other orders requiring the attendance of the members of that house ; and after a vote past in both houses the twentieth of may last , that the king , seduced by wicked counsel , intended to make war against the parliament ; and that whosoever served or assisted him in that war , was adjudged a traitour ; did notwithstanding afterwards , in the same month of may , contemptuously , having notice of the said votes and orders , withdraw themselves from the said house of peers , and repair to the city of york , where the preparations of the said war were , and yet are , in contrivance and agitation ; they knowing of such preparations : and being by an order of the thirtieth of may duely summoned by the house of peers , to make their appearance before that house upon the eighth day of june last past , they refused to appear , and returned a scornful answer by a letter under their hands , directed to the speaker of the lords house , and remaining there upon record . for which crimes and misdemeanours , to the interruption of the proceedings of parliament , and great affairs of the kingdom , and tending to the dissolution of the parliament , and disturbance of the peace of the kingdom ; i am commanded , in the name of the said commons , to demand of your lordships that the said lords may be forthwith put to their answer , and receive speedy and exemplary punishment , according to their demerits . the commons saving to themselves liberty at all times hereafter , to exhibite any other or further impeachment or accusation against the said lords , or any of them . upon this impeachment of the nine lords , the house of peers , about a month after , being in their robes , entred into debate of the said impeachment ; and after divers speeches made by some lords , setting forth the greatnesse of their offence , they were censured , . never to sit more as members of that house . . that they should be utterly uncapable of any benefit or priviledges of parliament . . that they should suffer imprisonment during their pleasure . after which censure , it was concluded that the said lords should be demanded , in the behalf of both houses of parliament , to submit to the said censure . about that time , when the members of both houses of parliament did daily forsake their station , and repair to the king at york , another accident fell out , which gave a great wound to the parliament , and much encouragement to the king in his designes ; which was the carrying away of the great seal of england from london to york . edward lord littleton , on whom the king , when the lord keeper finch fled out of england , as is before related , had conferred the keeping of the great seal ( he being before lord chief justice of the common-pleas , and created a baron of the realm ) had continued for some space of time , after the rest were gone to york , firm to the parliament in all appearance , and upon all occasions voted according to the sense of those that seemed the best affected that way ; and among other things , gave his vote for setling the militia by ordinance of parliament ; insomuch that there seemed no doubt at all to be made of his constancy ; till at the last , before the end of the month of iune , a young gentleman , one master thomas eliot , groom of the privie chamber to the king , was sent closely from york to him ; who being admitted by the lord keeper into his private chamber , when none else were by , so handled the matter , whether by perswasions , threats , or promises , or whatsoever , that after three hours time , he got the great seal into his hands , and rid post with it away to the king at york . the lord keeper l●ttleton , after serious consideration with himself what he had done , or rather suffered , and not being able to answer it to the parliament ; the next day , early in the morning , rode after it himself , and went to the king. great was the complaint at london against him for that action ; nor did the king ever shew him any great regard afterwards . the reason which the lord keeper littleton gave , for parting so with the great seal , to some friends of his who went after him to york , was this ; that the king , when he made him lord keeper , gave him an oath in private , which he took , that whensoever the king should send to him for the great seal , he should forthwith deliver it . this oath ( as he averred to his friends ) his conscience would by no means suffer him to dispense withal ; he onely repented ( though now too late ) that he had accepted the office upon those terms . the parliament , to prevent so sad a war , sent out two orders ; one , to all sheriffs● justices , and other officers within miles of the city of york , that they should take special care to make stay of all arms and ammunition carrying towards york , until they have given notice thereof to the lords and commons , and received their further direction ; and to that purpose , to keep strict watches within their several limits , to search for , and seize all such arms , and apprehend the persons going with the same : the other was to the sheriff of lancashire , and other adjacent counties , to suppresse the raising and coming together of any souldiers , horse or foot , by any warrant from the king , without the advice of the lords and commons in parliament ; as likewise to declare all that should execute any such warrant from the king , disturbers of the peace of the kingdom ; and to command the trained bands to be assistant to the sheriffs in that service . these orders of the parliament were immediately answered by a proclamation from the king , forbidding all his subjects belonging to the trained bands , or militia of this kingdom , to rise , march , muster , or exercise by vertue of any order or ordinance of one or both houses of parliament , without consent or warrant from his majestie . the parliament notwithstanding proceed in setling the militia of the kingdom ( having made on the second of iune an order for those revolted members to return to their duty again before the of that month , under the forfeiture of an hundred pound , to be disposed to the wars in ireland , besides undergoing such punishment as the houses should think fit ) and had by this time at many places began to settle the said militia . upon the same second of iune also , the lords and commons sent a petition to the king , with nineteen propositions ; which the king received with great indignation , as appeared in his answer to them both in general , and in divers particulars concerning those propositions , as esteeming himself injured in restraint of his power and prerogative . the petition and propositions were as followeth . the humble petition and advice of both houses of parliament ; with nineteen propositions , and the conclusion sent unto his majestie the second of iune , . your majesties most humble and faithful subjects , the lords and commons in parliament , having nothing in their thoughts and desires , more precious and of higher esteem ( next to the honour and immediate service of god ) then the just and faithful performance of their duty to your majestie , and this kingdom ; and being very sensible of the great distractions and distempers , and of the imminent dangers and calamities which those distractions and distempers are like to bring upon your majestie and your subjects ; all which have proceeded from the subtil informations , mischievous practices , add evil counsels of men disaffected to gods true religion , your majesties honour and safety , and the publike peace and prosperity of your people , after a serious observation of the causes of those mischiefs ; do in al● humility and sincerity present to your majesty their most dutiful petition and advice , that out of your princely wisdom , for the establishing your own honour and safety , and gracious tendernesse of the welfare and security of your subjects and dominions , you will be pleased to grant and accept these their humble desires and propositions , as the most necessary effectual means , through god's blessing , of removing those iealousies and differences which have unhappily fallen betwixt you and your people , and procuring both your majestie and them a constant course of honour , peace , and happinesse . the propositions . . that the lords and others of your majesties privie councel , and such great officers and ministers of state , either at home , or beyond the seas , may be put from your privie councel , and from those offices and employments , excepting such as shall be approved of by both houses of parliament : and that the persons put into the places and employment of those that are removed , may be approved of by both houses of parliament : and that privie counsellors shall take an oath for the due execution of their places , in such form as shall be agreed upon by both houses of parliament . . that the great affairs of the kingdom may not be concluded or transacted by the advice of private men , or by any unknown or unsworn counsellors ; but that such matters as concern the publike , and are proper for the high court of parliament , which is your majesties great and supreme councel , may be debated , resolved and transacted onely in parliament , and not elsewhere : and such as shall presume to do any thing to the contrary , shall be reserved to the censure and judgement of parliament : and such other matters of state as are proper for your majesties privie councel , shall be debated and concluded by such of the nobility and others , as shall from time to time be chosen for that place , by approbation of both houses of parliament . and that no publike act concerning the affairs of the kingdom which are proper for your privie councel , may be esteemed of any validity , as proceeding from the royal authority , unlesse it be done by the advice and consent of the major part of your councel , attested under their hands . and that your councel may be limited to a certain number , not exceeding twenty five , nor under fifteen . and if any councellours place happen to be void in the interval of parliament , it shall not be supplied without the assent of the major part of the councel ; which voice shall be confirmed at the next sitting of parliament , or else to be void . . that the lord high steward of england , lord high constable , lord chancellour , or lord keeper of the great seal , lord treasurer , lord privie seal , earl marshal , lord admiral , warden of the cinque-ports , chief governour of ireland , chancellour of the exchequer , master of the wards , secretaries of state , two chief justices , and chief baron , may always be chosen with the approbation of both houses of parliament ; and in the intervals of parliaments , by assent of the major part of the councel , in such manner as is before exprest in the choice of counsellours . . that he or they unto whom the government and education of the king's children shall be committed , shall be approved of by both houses of parliament ; and in the intervals of parliament , by the assent of the major part of the councel , in such manner as is before exprest in the choice of counsellours : and that all such servants as are now about them , against whom both houses shall have any just exceptions , shall be removed . . that no marriage shall be concluded or treated for any of the king's children , with any forraign prince , or other person whatsoever abroad or at home , without the consent of parliament , under the penalty of a praemunire unto such as shall be concluded , or treat any marriage as aforesaid : and that the said penalty shall not be pardoned or dispensed with , but by the consent of both houses of parliament . . that the laws in force against jesuites , priests , and popish recusants , be strictly put in execution , without any toleration or dispensation to the contrary : and that some more effectual course may be enacted by authority of parliament , to disable them from making any disturbance in the state , or eluding the law by trusts on otherwise . . that the votes of popish lords in the house of peers may be taken away , so long as they continue papists : and that your majestie will consent to such a bill as shall be drawn , for the education of the children of papists by protestants , in the protestant religion . . that your majestie will be pleased to consent that such a reformation be made of the church-government and liturgie , as both houses of parliament shall advise ; wherein they intend to have consultations with divines , as is expressed in their declaration to that purpose : and that your majestie will contribute your best assistance to them , for the raising of a sufficient maintenance for preaching ministers thorow the kingdom : and that your majestie will be pleased to give your consent to laws for the taking away of innovations , and superstition , and of pluralities , and against scandalous ministers . . that your majestie will be pleased to rest satisfied with that course that the lords and commons have appointed for ordering of the militia , until the same shall be further setled by a bill : and that your majestie will recal your declarations and proclamations against the ordinance made by the lords and commons concerning it . . that such members of either houses of parliament as have during this present parliament been put out of any place and office , may either be restored to that place and office , or otherwise have satisfaction for the same , upon the petition of that house whereof he or they are members . . that all privie councellours and judges may take an oath , the form whereof to be agreed on and setled by act of parliament , for the maintaining of the petition of right , and of certain statutes made by this parliament , which shall be mentioned by both houses of parliament : and that an enquiry of all the breaches and violations of those laws , may be given in charge by the justices of the kings bench every term , and by the judges of assize in their circuits , and justices of the peace at the sessions , to be presented and punished according to law. . that all the judges , and all the officers placed by approbation of both houses of parliament , may hold their places quam diu bene se gesserint . . that the justice of parliament may passe upon all delinquents , whether they be within the kingdom , or fled out of it : and that all persons cited by either house of parliament , may appear , and abide the censure of parliament . . that the general pardon offered by your majestie , may be granted with such exceptions as shall be advised by both houses of parliament . . that the forts and castles of this kingdom may be put under the command and custodie of such persons as your majestie shall appoint , with the approbation of your parliament ; and in the intervals of parliament , with approbation of the major part of the councel , in such manner as is before expressed in the choice of councellours . . that the extraordinary guards and military forces now attending your majestie , may be removed and discharged ; and that for the future you will raise no such guards or extraordinary forces , but according to the law , in case of actual rebellion or lavasion . . that your majestie will be pleased to enter into a more strict allegiance with the states of the united provinces , and other neighbour princes and states of the protestant religion , for the defence and maintenance thereof against all designes and attempts of the pope and his adherents to subvert and suppresse it ; whereby your majestie will obtain a great accesse of strength and reputation , and your subjects be much encouraged and enabled in a parliamentary way , for your aid and assistance in restoring your royal sister and her princely issue to those dignities and dominions which belong unto them , and relieving the other distressed protestant princes who have suffered in the same cause . . that your majestie will be pleased , by act of parliament , to clear the lord kymbo●ton , and the five members of the house of commons , in such manner , that future parliaments may be secured from the consequence of that evil president . . that your majestie will be graciously pleased to passe a bill for restraining peers made hereafter from sitting or voting in parliament , unlesse they be admitted thereunto with the consent of both houses of parliament . and these our humble desires being granted by your majestie , we shall forthwith apply our selves to regulate your present revenue in such sort as may be for your best advantage , and likewise to settle such an ordinary and constant increase of it , as shall be sufficient to support your royal dignity in honour and plenty , beyond the proportion of any former grants of the subjects of this kingdom to your majesties royal predecessours . we shall likewise put the town of hull into such hands as your majestie shall appoint , with the consent and approbation of parliament , and deliver up a just account of all the magazine , and chearfully employ the uttermost of our endeavours in the real expression and performance of our most dutiful and loyal affections , to the preserving and maintaining the royal honour , greatnesse , and safety of your majestie , and your posterity . hen. elsynge , cler. parl. d. com. to these propositions sent from the parliament , the king returned such an answer , as shewed that he was much displeased with the whole businesse : for before his particular answers to the several propositions , he complaineth in general , and those very sharp , expressions of the method of their proceedings against him : and that the cabalists of this businesse ( for so he calls them ) have used great art and subtilty against him , first to strengthen themselves with unlawful power , before they make their illegal demands . he taxes them , that first they had removed the law it self , as a rub in their way , and pressed their own orders and ordinances upon the people ( tending to a pure arbitrary power ) as laws , and required obedience to them , without the consent or concurrence of himself . that they had wrested from him the command of the militia , ( a thing inherent in his crown ) countenanced the treason of hotham against him , and directed to the people invectives against his government , to weaken his just authority and due esteem among his subjects ; casting upon him aspersions of a strange nature , as , that he should favour a rebellion in the bowels of his kingdom . he complains likewise that they had broached ( for so he calls it ) a new doctrine , namely , that the king is bound to passe all laws that shall be offered to him by both houses of parliament : a point of policie fit for their present businesse , as destructive to all his rights . that they have overawed his subjects , in stifling all petitions that did not please them ; and filled the peoples ears with needlesse fears , and jealousies , and such like things , before they thought his majestie sufficiently prepared to take those bitter pills . for ( saith he ) if they had unseasonably vented such propositions , as the wisdom and modestie of their predecessours never thought fit to offer to any of our progenitours , nor we in honour or regard to our regal authority ( which god hath intrusted vs with for the good of our people ) could receive without just indignation ( for such many of the present propositions are ) their hopes would soon have been blasted , and those persons to whom offices , honours , power , and commands were designed , by such ill timing of their businesse , would have failed of their expectation , not without a brand upon the attempt . therefore he saith , that they had made before-hand those fore-named preparations . the king seems to doubt likewise , because the parliament have not told him that this is all they desire of him , that these propositions are probably intended to make way for a superfetation of a ( yet ) higher nature . and in the propositions in general he observes , that the contrivers of them ( the better to advance their true ends ) disguised as much as they could , their intents with a mixture of some things really to be approved by every honest man , others specious and popular , and some already granted by him : all which ( saith he ) are cunningly twisted , and mixed with other things of their main designe of ambition and private interest . but the king desires not to be understood so , as if he intended to fix this designe upon both or either house of parliament : for he utterly professeth against it , being most confident of the loyalty , good affections , and integrity of the intentions of that great body , and knowing well that very many of both houses were absent , and many dissented from all those particulars of which he complains : but that he believes , and accordingly professes to all the world , that the malignity of this designe hath proceeded from the subtil informations , mischievous practices , and evil counsels of some ambitious turbulent spirits , disaffected to god's true religion ( using their own language ) the unity of the professours thereof , his honour and safety , and the publike peace and prosperity of the people . ( and such other like general expressions . ) in particular , the king expressed himself with great indignation against ten of their propositions , which were the , , , , , , , , , : averring , that if they did intend the establishment of his honour , together with the security of his people ( as their profession is ) they would not offer him such propositions : for that profession , joyned to these propositions , appeared to his judgement as a mockery and scorn . he averreth further , that their demands are such , as that he were unworthy of that royal descent from so many famous ancestours , unworthy of the trust reposed in him by the laws , if he should devest himself of such a power so inherent in his crown , and assume others into it ; protesting , that if he were both vanquished , and a prisoner , in worse condition then any the most unfortunate of his predecessours had ever been reduced unto , he would never stoop so lowe as to grant those demands , and to make himself of a king of england , a duke of venice . the several answers that the king made , and arguments that he used to each several branch of those propositions , are too large to be here inserted , and may be read by those that would be further informed , in the printed book of parliament-declarations and ordinances . chap. v. an order for the bringing in of plate and money into guild-hall . the king's declaration to the lords about him : their profession and protestation to him . the king layeth siege to hull ; but raiseth it again . the earl of warwick taketh possession of the navie , as lord admiral . the earl of essex is voted in parliament to be lord general of all their forces . on the tenth day of iune following , an order was made by both houses of parliament for bringing in of money and plate , to maintain horse , horse-men and arms for preservation of the publike peace , and defence of the king's person ( for that the parliament in their expressions always joyned together with their own safety ) and both houses of parliament . wherein it was expressed , that whosoever should bring in any money or plate , or furnish any horse-men and arms for that purpose , should have their money repayed with interest , according to eight in the hundred ; for which both houses of parliament did engage the publike faith. four treasurers were ordained , whose acquittances for the receipt of any sum , should be a sufficient ground to the lenders to demand their money and plate again with the interest belonging thereunto . the treasurers were sir john wollaston knight and alderman of london , alderman towes , alderman warner , and alderman andrewes . commissaries also were appointed to value the horse and arms which should be furnished for that service . it was desired in that order , that all men resident in or about london , or within miles , would bring in their money , plate , or horse within a fortnight after notice ; and they that dwell farther off , within three weeks : and that those who intended to contribute within the time limited , but were not for the present provided of money or horse , should subscribe , that it might be soon known what provision would be for effecting of that great and important service . and in conclusion , it was declared , that whatsoever was brought in , should be imployed to no other purposes but those before mentioned ; the maintenance of the protestant religion , the king's person , dignity and authority , the laws of the land , the peace of the kingdom , and priviledges of parliament . whilest this order was drawing up , advertisement by letters was given to the parliament , that the crown-jewels were pawned at amsteldam , and other places of the netherlands ; upon which money was taken up , and warlike ammunition provided in those parts , as battering-pieces , culverins , field-pieces , morter-pieces , granadoes , with great store of powder , pistols , carabines , great saddles , and such like . whereby the parliament thought they could not otherwise judge , then that the king did plainly intend a war against them , and had designed it long before . they received intelligence at the same time , that the king had sent a commission of array into leicestershire , directed to the earl of huntington , the earl of devonshire , and mr henry hastings , second son to the earl of huntington ( for the lord hastings eldest son to that earl , did then adhere to the parliament ) which three were chief in the commission ; but many other knights and gentlemen of that county were named in it . together with this commission of array , the king sent a letter also , containing the reasons of it , wherein he complaineth that the parliament , by their ordinance for the militia , would devest him of that power which is properly inherent in his crown . and for the occasion and reason of that commission , he urgeth a declaration of their own , using their very expressions and words in his letter ; that whereas it hath been declared by votes of both houses of parliament , the fifteenth of march last , that the kingdom hath of late been , and still is in evident and imminent danger , both from enemies abroad , and a popish disconted party at home ; he concludes , that for the safeguard both of his own person and people , there is an urgent and inevitable necessity of putting his people into a posture of defence , &c. thus did the parliaments prologue to their ordinance of militia , serve the king's turn for his commission of array , totidem verbis . the copie of which commission and letter coming into the hands of the parliament , it was resolved upon the question by the lords and commons assembled in parliament , that this commission of array for leicester is against law , and against the liberty and property of the subject : and resolved again upon the question , within two days after , that all those that are actours in putting the commission of array in execution , shall be esteemed as disturbers of the kingdoms peace , and betrayers of the liberty of the subject . it was also ordered by both houses , that this commission of array , and the forementioned votes , should be forthwith printed , and published thorow the kingdom . the king was not wanting to his own designe in the mean time , and whatsoever might give countenance to the businesse he had in hand : but made a short declaration to the lords who then attended him at york , and others his privie councel there , in these words : we do declare , that we will require no obedience from you , but what is warranted by the known laws , as we expect that you shall not yeeld to any commands not legally grounded , or imposed by any other . we will defend all you , and all such as shall refuse any such commands , whether they proceed from votes and orders of both houses , or any other way , from all danger whatsoever . we will defend the true protestant religion established by the laws , the lawful liberties of the subjects of england , and just priviledges of all the three estates of parliament ; and shall require no further obedience from you , then as we accordingly shall perform the same . we will not ( as is falsely pretended ) engage you in any war against the parliament , except it be for our necessary defence against such as do insolently invade , or attempt against vs and our adherents . upon this declaration of the king , those lords and others of his councel made a promise to him , and subscribed it with their hands , as followeth . we do engage our selves not to obey any orders or commands whatsoever , not warranted by the known laws of the land. we engage our selves to defend your majesties person , crown and dignity , with your just and legal prerogative , against all persons and power whatsoever . we will defend the true protestant religion established by the law of the land , the lawful liberties of the subjects of england , and just priviledges of your majestie , and both houses of parliament . lastly , we engage our selves not to obey any rule , order or ordinance whatsoever , concerning any militia , that hath not the royal assent . subscribed by l. keeper , d. of richmond , ma. hertford , e. of linsey , e. of cumberland , e. of huntington , e. of bath , e. of southampton , e of dorset , e. of salisbury , e. of northampton , e. of devonshire , e. of bristol , e. of westmerland , e of barkeshire , e. of monmouth , e. of rivers , e. of newcastle , e. of dover , e. of carnarvan , e. of newport , l. mowbray and matrevers , l. willoughby of eresby , l. rich , l. charles howard of charleton , l. newark , l. paget , l. chandoys , l. falconbridge , l. paulet , l. lovelace , l. coventry , l. savile , l. mohun , l. dunsmore , l. seymour , l. grey of ruthen , l. fawlkland , the controller , secretary nicholas , sir john culpeper , lord chief justice banks . the king immediately wrote a letter to the lord maior of london , the aldermen and sheriffs , forbidding by expresse command any contribution of money or plate , toward the raising of any arms whatsover for the parliament ; and that they should lend no money , unlesse toward the relief of ireland , or payment of the scots . he published then a declaration to all his subjects , inveighing bitterly against the parliament , for laying a false and scandalous imputation upon him of raising war against the parliament , or levying forces to that end : in which he invites all his loving subjects , to prevent his own danger , and the danger of the kingdom from a malignant party ( taking up the parliaments language ) to contribute money or plate to him , and they shall be repayed , with consideration of eight in the hundred . and immediately upon it made a profession before those forementioned lords and councellours about him ( calling god to witnesse in it ) disavowing any preparations or intentions to levie war against the parliament : upon which , those forementioned lords , and others , then present at york , made this declaration and profession , subscribed under their hands . we whose names are under-written , in obedience to his majesties desire , and out of the duty which we owe to his majesties honour , and to truth , being here upon the place , and witnesses of his majesties frequent and earnest declarations and professions of his abhorring all designes of making war upon the parliament ; and not seeing any colour of preparations or counsels that might reasonably beget the belief of any such designe , do professe before god , and testifie to all the world , that we are fully perswaded that his majestie hath no such intention ; but that all his endeavours tend to the firm and constant settlement of the true protestant religion , and the just priviledges of parliament , the liberty of the subject , the law , peace and prosperity of this kingdom . the king strengthned with arms and ammunition from holland , and more strengthened ( for as yet he wanted hands to weild those arms ) by this protestation of lords in his behalf concerning his intention of not making war against the parliament , whereby the people might more easily be drawn to side with him , proceeded in his businesse with great policie and indefatigable industry . his pen was quick in giving answer to all petitions or declarations which came from the parliament ; and with many sharp expostulations , in a well-compiled discourse , on the of iune , answered a petition of the parliament ; which petition was to this effect , that he would not disjoyn his subjects in their duty to himself and parliament , destroying the essence of that high court ; which was presented to him at york by the lord howard , sir hugh cholmely , and sir philip stapleton : and within three weeks , both in his own person , and by his messengers , with speeches , proclamations , and declarations , advanced his businesse in a wonderful manner . at newark he made a speech to the gentry of nottinghamshire in a loving and winning way , commending their affections toward him ; which was a great part of perswasion for the future , coming from a king himself . another speech he made at lincoln , to the gentry of that county , full of protestations concerning his good intentions , not onely to them , but to the whole kingdom , the laws and liberties of it . in that short time also , by the help of many subtil lawyers , whom he had about him , he returned a very long and particular answer , with arguing the case in all points , to a declaration which the parliament had before made against the commission of array , expounding that statute hen. , whereupon that commission was supposed to be warranted . the proofs and arguments on both sides , are to be read at large in the records , or in the printed book of ordinances and declarations , where a reader may satisfie his own judgement . within that time also the king sent out a proclamation against levying forces without his command , urging laws and statutes for it : and another long proclamation to inform the people of the legality of his commissions of array , and to command obedience to them . another he sent forth against the forcible seizing or removing any magazine of ammunition of any county ; and another , forbidding all relieving or succouring of hull against him . upon which , the parliament declared , that those proclamations , without their assent , were illegal ; and forbade all sheriffs , maiors , &c. to proclaim them , and all parsons and curates to or publish them . from york the king removed to beverley ; from whence he sent a message to both houses , and a proclamation concerning his going to hull , to take it in ; requiring , before his journey , that it might be delivered up to him . but that message of his came to the house of peers , after they had agreed upon a petition , which was drawn up , to move the king to a good accord with his parliament , to prevent a civil war ; to be carried to him , and presented at beverley , by the earl of holland , sir john holland , and sir philip stapleton . that very petition seemed to them so full an answer to the king's message , that both houses resolved to give no other answer to that message , but the said petition . but immediately after , a declaration was published by both houses of parliament , for the preservation and safety of the kingdom , and the town of hull ; with assurance of both houses to satisfie all losse sustained by any service done for the safety of the said town , by reason of overflowing of water upon the grounds there , to all persons who should be found faithful in their several services . the king continued resolu●e in his intention of gaining hull : by what means he attempted it , and how those attempts proved to be frustrate , is now the subject of a short discourse . the town of hull was not more considerable to the kingdom as a maritime and strong place , then it was now made remarkable to the world in many high and famous circumstances of this civil war : for which cause , i shall the more particularly insist upon it . hull was the place which ( being intrusted with so rich a magazine of ammunition ) did probably allure the king to forsake a parliament sitting at london , and visite the north. hull was the place where the king in person did first finde his commands denied , and his attempts resisted in an actual way ; which proved the subject of so many declarations and disputations of state and government : and hull is the place which must now bear the first brunt of his armed indignation . the king with an army of three thousand foot , and one thousand horse , was removed from york to beverley , a town distant from hull six miles ; and intending to besiege hull by land ( expecting also that sir john penington with some of his ships should stop the passages , and cut of provisions from relieving the town by sea , though that expectation were made frustrate by the earl of warwick his seizing on the navie royal ) proclaimed that none , on pain of death , should convey any provision or relief thither . he disposed many men in cutting of trenches , to divert the current of fresh water that ran to hull , and sent two hundred horse into lincolnshire under the command of the lord willoughby son to the earl of lindsey , and sir thomas glenham , to stop all relief of it from burton upon humber . sir john hotham perceiving the king's intentions and endeavours , and knowing him to be in person within an hour and halfs march of the town , having first sent three messengers , one after another , with humble petitions to him , who were all laid fast by the king , and not suffered to return ; called a councel of war , in which it was debated , whether or not they should permit the enemies to march neer the town with their ordnance , holding them play from off the walls and out-works , until the tide came to its hight , and then draw up the sluce , and let them swim for their lives . but a more merciful advice prevailed , which was , ( for prevention of so many deaths ) to draw up the sluce presently , having the advantage of a spring-tide , and drown all the countrey about hull . but sir john hotham , before it was done , gave the inhabitants and owners of land thereabout sufficient and timely notice to remove their cattel , and all their goods , and assured them ( which was ratified by the parliament upon the publike faith ) that whatsoever damage they received thereby , should be repaired by the authority of parliament , out of the estates of those persons who had been most active and assistant to the king in that designe . sir john by letters informed the parliament in what condition the town was , desiring onely ( so it might speedily be done ) a supply of money and victuals , with five hundred men . upon which , by command of parliament , drums were beat up in london , and other adjacent places , for souldiers to be sent to hull by sea. the earl of warwick was desired by the houses to send two of the king's ships from the downs to hull , to do as sir john hotham should direct for his best assistance . and sir john meldrum a scotish gentleman , an expert and brave commander , was appointed to assist sir john in that service . the king's army were not confident to carry the town by plain force , making their approaches with great difficulty and disadvantage , and those for the most part in the night-time , when undiscovered they burnt two mills about the town ; they therefore had recourse to subtilty ; and knowing some within the walls sit for their purpose , a plot was therefore laid to fire the town in four places , which whilst the souldiers and inhabitants were busie in quenching , two thousand of the king's army should assault the walls . the signe to those within the town , when to fire those places , was , when they discerned a fire on beverley-minster , this should be assurance to them within the town that they without were ready for the assault . but this treason had no successe , being discovered by one of the instruments , and confessed to sir john hotham . many particular services were done both by land and water , by barks and boats upon the river humber . the towns men of hull were so far provoked by this treacherous designe of their enemies , and so much animated against them , that they all entered into pay ; and now the walls could not contain them ; but five hundred of the town , conducted by sir john meldrum , issued out , about the end of iuly , upon their besiegers ; who seeing their approach , prepared couragiously to receive and encounter them : but they were but a small part of the king's forces which were resolute to fight ; the other part , which consisted of the trained bands of that countrey , were not forward to be engaged against their neighbours : the king's horse , and most resolute assistants , seeing themselves deserted by the foot , retired as fast as they could to beverley : but sir john meldrum pursued them , slew two , and took thirty prisoners in the pursuit . and not long after , when the supplies from london arrived at hull , sir john meldrum , with a greater force , made so fierce a sally upon his enemies , as caused most of the leaguer to retire disorderly , one and twenty of them being slain , and fifteen taken prisoners . sir john meldrum following the advantage of his successe with a swift motion , arrived suddenly at a leaguer-town called aulby , between three and four miles from hull ; where the king's magazine was kept in a barn , in which was a great quantity of ammunition , powder , and fire-bals , and certain engineers employed there for making of fire-works : sir john suddenly set upon it in the night , drove away the guard , who consisted most of trained bands , and other york-shire men , bearing no great affection to the war , and therefore ran more speedily away , leaving their arms behinde them : mu of the ammunition and other arms they took away with them , fired the barn , the powder , and fire-works , and what else they could not carry with them , and returned safely again into hull . the king calling a councel of war , and considering the ill successe of his proceedings , and the preciousnesse of that time which he consumed there , by their advice resolved to break up his siege before hull , and march away ; the chief men about him laying the fault of this failing upon the unskilfulnesse of the countrey captains , and cowardice of the trained bands . the king probably might have sped better , if sir john penington could have brought part of the navie to his assistance : but that was seized by the earl of warwick ; of which it will be now time to speak more particularly . the earl of warwick had in former times been so great a lover of the sea-service , and so well experienced in those affairs , being besides a man of courage , of religious life , and known fidelity to his country , that among all the noble-men at this time , he was esteemed by the parliament ( in this important businesse of setling their militia by land and sea ) the fittest man to take command of the navie as lord admiral . according to that , an ordinance of both houses was drawn up , to confer the office on him . the king had given the employment to sir john penington , a man who had long been vice-admiral , and a successeful commander ; and had written his letters to the earl of warwick , with a strict command to quit the place . the earl of warwick was in a great straight between two such high commands , being gone down to take possession of the navie , and therefore called a councel of war , acquainting them all both with the ordinance of parliament , and the king's letters . but the earl himself was swayed in conscience to give obedience rather to the ordinance of parliament ; and the reason of it himself gives in a letter directed to a lord of the house . when i considered ( saith he ) the great care which i have seen in the parliaments of this kingdom , for the good and safety both of king and kingdom , and every man's particular in them ; and that they are the great councel , by whose authority the kings of england have ever spoken to their subjects ; i was resolved to continue in this employment , until i shall be revoked by that authority that hath intrusted me with it . most of the captains took up unanimously the same resolution that the earl did , excepting five , which were the r●●●-admiral , captain fogge , captain baily , captain s●ingsby , and captain wake , who alleadged that they had the king's command to obey sir john penington , whom he had appointed admiral in stead of the earl of northumberland . these five had gotten together round , to make defence against the earl : but he came to archor about them , and having begi●● them , summoned them again ; upon which three of them came in , and submitted : two onely , captain s●ingsby and captain wake stood out . the earl let 〈◊〉 a gun over them , and turned up the glasse upon them , sending his boat , and most of the boats in the 〈◊〉 , to let them know their danger , if they came not within that space . but so peremptory was their answer , that the masters and sailors grew impatient ; and although they had no arms , assaulted them , seized upon those captains , being armed with their pistols and swords , strook their yards and top-masts , and brought them to the fa●l . thus by the wonderful courage of these unarmed men , the businesse was ended without e●●usion of any blood , when the earl was ready to give fire upon them . within few days after , another addition of strength was brought to the earl of warwick by an accident . a great and strong ship of the king 's , called the lion , putting to sea from holland , and bound for newcastle , being much distressed with soul weather , was driven into the downs . captain foxe , who commanded that ship , saluted the earl of warwick , who presently acquainted the captain with the ordinance of parliament , whereby his lordship had commanded of those ships , requiring his submission thereunto . the captain at first refused to yeeld obedience to the ordinance , and thereupon was presently clapt in hold : but all his officers in the ship submitted themselves , and strook their sails and top-yards in token of obedience to the said ordinance . this ship was very considerable , carrying two and fourty great pieces of brasse ordnance ; besides , a little vessel laden with gun-powder of a great value , was taken also together with this ship . the earl was informed by some of her men , that young prince rupert and prince maurice , with divers other commanders , intended to have come from holland in this ship , the lion. but after three days and three nights storm at sea , those two princes ( in a sick and weak condition ) landed again in holland . the king hearing of the surprisal of the lion , sent a messenger to the earl of warwick , to demand her again , with all the goods therein , and that she should be brought to scarborough . but the earl returned an answer to this effect , that the parliament had intrusted him with the care of the fleet , and that that ship was a part thereof : therefore he humbly besought his majestie to pardon him ; for without their consent he might not part with her ; and that he knew of no goods within her belonging to his majestie . but leaving the earl of warwick to his sea-employments , it is time to return to those warlike levies and preparations which were made by land : for now the fatal time was come , when those long and tedious paper-conflicts of declarations , petitions , and proclamations , were turned into actual and bloody wars , and the pens seconded by drawn swords . on the twelfth of iuly , the parliament voted that an army should be raised for the safety of the king's person , and defence of the parliament ; for so they called it , desiring to joyn together what seemed to be at so great a distance and enmity . the earl of essex was by a great and unanimous consent of both houses chosen general of that army , and of all forces raised for the parliament ; with whom they protested to live and die in that cause . the earl of essex was a gentleman of a noble and most untainted reputation , of undoubted loyalty to his country and prince ; having always ( what course soever the court steered ) served in an honourable way , the right interest of the english nation , and the protestant religion ; and to that end had formerly engaged himself in the palatine war , and service of the netherland united provinces : insomuch as at this time , when they sought a lord to undertake the high charge of commanding in chief , there seemed to be no choice at all ; but we may say of this election , as paterculus did of another , non quaerendus erat quem eligerent , sed eligendus qui eminebat . the parliament at that time were very able to raise forces , and arm them well , by reason of the great masse of money and plate which to that purpose was heaped up in guild-hall , and daily increased by the free contribution of those that were well-affected to the parliament cause : where not onely the wealthiest citizens and gentlemen who were neer-dwellers , brought in their large bags and goblets ; but the poorer sort , like that widow in the gospel , presented their mites also ; insomuch that it was a common jeer of men disaffected to the cause , to call it the thimble and bodk in-army . the earl of essex was very careful and industrious in raising of his army ; in which he desired to have as great a body of horse as could conveniently be gotten , by reason that he conceived his chief work was to seek out the king's forces , and prevent their spoiling of the country , and disarming several counties , to furnish themselves . and indeed , his forces , considering the long peace of england , and unreadinesse of arms , were not onely raised , but well armed in a short time . many of the lords who then sate in the house of peers ( besides those lords who went into divers counties to settle the militia , and therefore raised forces for safety of those several places ) listed themselves in the lord general 's army , and took commissions as colonels ; the lord roberts , the lord saint-john eldest son to the earl of bullenbrook , the lord of rochford eldest son to the earl of dover : and many gentlemen of the house of commons , of greatest tank and quality there , took commissions for horse and foot-service in that army ; of whom these were some : sir john merrick , who was made serjeant-major-general of that army ; the lord grey of grooby , son to the earl of stamford ; master denzil hollis , master hamden , sir philip stapleton , sir william waller , sir samuel luke , sir henry cholmly , master grantham , master whitlock , with divers others . the earl of bedford , within two days after that the earl of essex was chosen generalissimo , was voted to be general of the horse . chap. vi. a brief relation of the condition of divers counties in england , when the parliaments ordinance for the militia , and the kings commission of array were put in execution . with a mention of some lords and others who were actors on either side . the lord maior of london committed to the tower , and sentenced by the parliament . a mention of some declarations , messages , and answers that passed between the king and the two houses of parliament . during the time that this army was raising for the parliament , to be conducted by his excellency in person , the king with small strength as yet , was removing from place to place to gather forces , and draw people to his side . of whose proceedings , and by what degrees he encreased in power , i shall speak hereafter in a continued series , to avoid confusion in the story . but in the mean time , the parliaments ordinance of militia , and the king's commission of array , were justling together almost in every county : the greatest of the english nobility on both sides appearing personally , to seize upon those places which were deputed to them either by the king or by the parliament . no ordinances from the one , or proclamations from the other , could now give any further stop to this general and spreading mischief . god was not pleased that one chimney should contain this civil fire ; but small sparks of it were daily kindling in every part of the land. let it not therefore seem amisse , if in the first place i make a brief relation into what posture every particular county , or most of them , had endeavoured to put themselves , during that time , which was since the twelfth of iuly , when the first apparant denouncing of war began , and the general was elected in parliament ; till the three and twentieth of october , when it broke out into a fierce and cruel battel . but let not the reader expect any full or perfect narration of this , which would take up too great a time , and prove as tedious as unnecessary . the onely reason why i have entered into it , is to inform the reader what lords and gentlemen did first appear in action on either side , in those particular counties , that in the progresse of the story he may be better acquainted with those names , whose actions proved of so high concernment in the future war. nor can any perfect judgement be made of the affections or condition of any one county in this brief narration of so short a time : for scarce was there any city or shire , but endured in processe of time many changes , and became altered from their first condition , either by unconstancy of affections , or else enforced to take a new side , as they were threatned by approaching armies of either party , when the war grew to a greater height . in some counties there was no strugling at all , one side wholly prevailing , and the peoples affections bending the same way : as it appeared in lincolnshire at the first , ( which was the first account given to the parliament of their militia , and where some circumstances are of that note , as to make it justly deserve a more particular recital then other places ) when the lord willoughby of parham went down thither , being chosen by the parliament lord lieutenant of that county . this young lord being come to lincoln , expresseth to the parliament what cheerful and hearty obedience he found from the captains and officers of the trained bands , and in how good a posture they were , beyond all expectation ; considering the unhappinesse of the plague being then in the town , which hindered the appearance of some : but that was fully supplied by a company of voluntiers , equal in number and goodnesse of arms to the trained bands . yet that change which i spake of before , did afterwards sadly appear in this county , which was afterwards as much divided in it self as any part of england , and by that means a most unhappie seat of war , often gained and regained by either side . lincolnshire was then very forward for the lord willoughby ( however afterward he found some resistance from the earl of lindsey , who sided with the king ) as he wrote up to the parliament , and sent also to them the king's letter , and his own answer : which are both fit to be inserted into the story , being the first of that kinde , and much unfolding the nature of the businesse . the king's letter to the lord willouhby of parham . charles rex . right trusty and welbeloved , we greet you well . whereas we understand that you have begun to assemble , train and muster the trained bands of our county of lincoln , under pretence of an ordinance of parliament whereto we have not given our consent , which is not onely contrary to the law , but to our command and pleasure , signified by our proclamation sent to our high sheriff of that our county . wherefore , that you may not hereafter plead ignorance of such our prohibition , we do by these our letters command and charge you , upon your allegiance , to desist and forbear to raise , train , exercise , or assemble together any part of the trained bands of our county , either by your self , or by any others employed under you , or by warrant from you . and because you may , for what you have already done concerning the militia of that our county , plead , that you had not so particular a command , we shall passe by what you have already done therein , so as presently , upon your receipt hereof , you shall desist and give over medling any further with any thing concerning the militia of that our county . but if you shall not presently desist , and forbear medling therewith , we are resolved to call you to a strict account for your disobedience therein , after so many particular and legal commands given you , upon your allegiance , to the contrary ; and shall esteem and proceed against you , as a disturber of the peace of the kingdom . given at our court at york the fourth of iune , . to our right trusty and welbeloved , the lord willoughby of parham . the lord willoughby of parham his letter , in answer to his majestie . sir , as there can be nothing of greater unhappinesse to me , then to receive a command from your majestie whereunto my endeavours cannot give so ready an obedience as my affections ; so i must confesse the difficulty at this time not a little , how to expresse that duty which i owe to your majesties late commands , and not falsifie that trust reposed in me by your high court of parliament ; through whose particular directions i am now come into this county to settle the militia , according to the ordinance of parliament , which by the votes of my lord littleton , and others in the house of peers , better versed in the laws then my self , passed as a legal thing ; and hath since been confirmed ( if i mistake not ) by his example , and your majesties chief iustice sir john banks , both in accepting their ordinance , and nominating their deputy-lieutenants : how much further they proceeded , i know not . but , sir , if the opinions of those great lawyers drew me into an act unsutable to your majesties liking , i hope the want of yeers will excuse my want of judgement . and since by the command of the parliament , i am now so far engaged in their service , as the sending out warrants to summon the county to meet me this day at lincoln , and afterwards in other places ; i do most humbly beseech your majestie not to impose that command on me , which must needs render me false to those that relie on me , and so make me more unhappie then any other misery that can fall upon me . these things , sir , i once more humbly beseech your majestie may be taken into your gracious consideration ; and that you would never be pleased to harbour any misconceit of me , or of this action ; since nothing hath yet passed by my commands here , or ever shall , but what shall tend to the honour and safety of your majesties person , to the preservation of the peace of your kingdoms , and to the content ( i hope ) of all your majesties subjects in these parts , amongst whom i remain your majesties most humble and most dutiful subject and servant , fra. willoughby . upon the receipt of these letters , the lords sent a message to the house of commons , in which they expressed how much they did value and approve the endeavours of this lord , in a service so much importing the safety of this kingdom , not doubting of their readinesse to concur with them , upon all occasions to manifest the sense they have , and shall retain of his deservings ; which appear the greater , by how much the difficulties ( appearing by the circumstances of those letters ) have been greater . the lords therefore , as they resolved to make his interest their own , in this service for the publike good and safety of the kingdom ; so they desired the commons to joyn with them in so just and necessary a work . to this the house of commons consented , and resolved to joyn with the lords in this vote , making the like resolution also for the deputy-lieutenants for the county of lincoln , and desired the lords concurrence therein . upon which it was ordered by the lords in parliament , that they agree with the house of commons for the resolution concerning the deputy-lieutenants of the county of lincoln . in essex also , which proved a most unanimous county , and by that means continued in peace and happinesse , the earl of warwick ( whose care and action was not confined onely to the sea ) chosen lord lieutenant by the parliament , when he went down to muster and exercise the country , was received with great applause . the trained bands were not onely compleat , but increased by voluntiers to unusual numbers ; and so affectionate to that cause they were in general , that they presented a petition to the earl of warwick and the deputy-lieutenants , in the name of all the captains and lieutenants of the several companies , and in the name of all persons belonging to the trained bands . to which petition , when it was read in the field , they expressed a full consent by their general acclamations and applause in every company . the earl of warwick therefore sent the petition to the parliament , to let them see the extraordinary alacrity and affection of that county of essex to them : which was in these words which follow . to the right honourable robert earl of warwick , lord-lieutenant of the county of essex ; and to the worthy gentlemen the deputy-lieutenants of the same county , confided in by the most honourable the high court of parliament . we the captains and lieutenants , with the full consent of the trained bands and voluntiers of the county now assembled , having , before the accesse of this present parliament , seen our religion , our laws and liberties brought to the brink of ruine and subversion , by the results of most desperate and wicked counsels , could not but with ex●●ding joy behold the assembling and continuance of so great and faithful a councel ( the representative body of this kingdom ) and with most certain confidence commit thereto all that was dear unto us . and having also seen the late hellish designes and actings of a malignant party in this kingdom , and the bloody rebellion in ireland , all working to retard the progresse , or subvert the being of this worthy parliament , and therein to bereave us of all our hopes of reformation , or future peace and happinesse to this church or state ; we cannot but ascribe all glory & praise unto the lord of lords , & expresse most hearty thankfulnes to his blessed instruments , that great assembly , for their undaunted resolutions , unparallell'd endeavours , and happie proceedings for the common good . and herein ( as not the least means of our safety ) for the most necessary and seasonable ordinance of theirs touching the militia , whereby we are put under the command and guidance of so noble a lord , and such worthy gentlemen , whereunto we humbly desire this present day and meeting may be an evidence and pledge of our free and willing obedience . having intrusted our religion , our laws , and all , into the hands of that great and most faithful councel the parliament , whose care and fidelity we have so abundantly found , we even bleed to see the heart and actions of our royal king ( contrary to his own royal expressions ) declining from the counsels of his parliament , & carried after other counsels , whom , as the laws and constitutions of this land have not known nor reposed upon ; so we ( for our own parts ) neither will nor dare intrust with our religion or laws : and whom , we verily believe , could they prevail against that highest court , ( under god our chiefest bulwark and defence ) would soon deprive us both of religion and law , and ( notwithstanding all their specious pretences ) reduce us to a condition no lesse miserable then slavish . from the deep apprehensions of all which , we do freely and heartily promise and tender our persons and estates to assist and defend ( to the uttermost ) the high court of parliament now assembled , the members , power and priviledges thereof ; and therein , his majesties person and authority , and the kingdoms peace , ( according to our late protestation ) against all contrary counsels , power , or force of arms whatsoever , which shall be reared up or attempted against them . and this our humble acknowledgement and resolution , ( which , we doubt not , will be accorded unto by all good subjects ) we humbly desire your honour and worships to tender , on our behalf , to that most honourable assembly of parliament : for whose happie progresse and successe we shall daily pray . subscribed , j. kiteley , henry farre , john ballet , john flemming , william marsham , robert barrington , captains . tho. harper , john woodcock , rich. lawrence , george colwel , tho. clark , wimliam burls , lieutenants . the parliament were very forward to expresse their approbation of this most affectionate declaration of the essex men , and returned them an answer ; part of which was in this manner . this just and faithful resolution of theirs to the publike good , the lords and commons do not onely approve , but commend ; assuring them , that as their endeavours have been for the peace and happinesse of the king and kingdom ; so they will persist in discharge of the great and publike trust which lies upon them ; to go thorow all difficulties which may oppose the publike peace and welfare of this kingdom ; and will upon all occasions be ready to expresse particularly to those persons , that respect which is due to persons from whom they have received so great assurance of affection and fidelity . in kent there was cheerful obedience ( without any open opposition ) shewed to the ordinance of the militia ; as it appeared by their petition and proclamation , and more by their real and constant actions . true it is , that some gentlemen of that county were not much affected to the parliaments cause , who did accordingly frame a displeasing petition to the houses , and brought it up to london , accompanied with many gentlemen of that county : but the parliament having notice of it , sent officers , and disarmed those gentlemen who brought the petition , before they passed over london-bridge : and the two which presented it to the house of commons , sir william butler and m. richard lovelace , were both committed . those in kent who favoured the king's party and commission of array , were not a number considerable enough to bring that county into any combustion ; the gentlemen which adhered to the parliament used so great a care and industry in setling the militia , in disarming those few ( but great ) papists among them , in raising arms , and taxing themselves at high rates for the ser●vice of the parliament , that they not onely preserved their own county in quiet , but gave great assistance to the parliament-armies in other places , as will appear in the sequel of this story . the eastern end of sussex ( it being a long and narrow county lying for many miles upon the sea ) stood firm to the parliament , and were very industrious in setling of the militia , by which means they were so happie , as to preserve themselves in peace and qu●e●nesse . but the western part of that county , by means of many revolted members of the parliament , inhabitants there , together with their allies and friends , was at the first in some distraction , though it continued not very long . surrey and middlesex , by fortune of their situation , could not but side with , and by consequence be protected by the parliament . the eastern counties , suffolk , norfolk , and cambridgeshire , once the kingdom of the east-angles , were happily kept from the beginning without any great combustion ; though it were certain that many of the chief gentry in those counties , bended in their affections to the king's commission of array : but they were not a part strong enough to engage their countries in a war : for the free holders and yeomen in general adhered to the parliament ; and those gentlemen who attempted to raise men , or draw forces together , or provide arms for the king , were soon curbed , and all their endeavours crushed at the beginning , by those of the other side ; especially by the great wisdom and indefatigable industry of master oliver crumwel , a member of the house of commons , who had taken a commission for colonel of horse from the parliament : of whose particular actions , there will be high occasion to discourse hereafter . the county of southampton began at the first to be divided , and continued so , being long and variously perplexed with the changing fortunes of either side . colonel goring , eldest son to the lord goring , who had been , the yeer before , a means to detect that conspiracie of bringing the northern army against the parliament , ( of which already hath been spoken ) and by that , grown into some trust with the parliament , of which he was a member , was sent down to portsmouth , to keep that place for them , and three thousand pounds allowed him for the charges of fortification . he receiving that money from the parliament , broke his trust , and kept the place for the king against them ; with what successe , shall hereafter be declared . but immediately after his revolt , the earl of portland , governour of the isle of wight , a man suspected by the parliament , was committed to custody in london , for security of his person , lest he should comply with colonel goring , and command that island for the king's party . the government of wight was then committed to the earl of p●mbrook , a man of whose fidelity the parliament doubted not . though the southern and eastern parts of england enjoyed some shew of rest , the counties more remote from london , toward the north and west , could not at all partake of that happinesse . in lancashire the lord strange , son to the earl of derby , who was made lord lieutenant of lancashire and cheshire by the king , seeking to put the commission of array in execution , found great resistance from the parliamentary gentlemen , sir thomas stanley , master holland , master holcraft , master egerton , master booth , as also master ashton , and master moor , both members of the house of commons ; by whom , within the space of few months , he was quite driven out of the county , and that shire wholly ruled by the parliament , though it abounded more with papists then any other . the lord strange upon the fifteenth day of iuly had made an attempt to gain manchester , and by those gentlemen was repulsed ; where one man was slain ; which was the first blood shed in these civil wars . but this lord was not at all fortunate in service against the parliament ; who not long after , returned again with a great force , consisting of three thousand men , to the town of manchester ; where , after he had sharply besieged it for the space of two whole weeks , he was at last quite beaten , with the losse of many of his men . in cheshire also , the other county of which he was made lieutenant by the king , his fortune was no better ; where he was resisted by sir william brereton and other gentlemen , and hindered from seizing the magazine of that county , as he intended . nor could the earl of rivers , whom the king had put into the commission of array ( being a papist ) assist him sufficiently to make good that county for the king , but that the papists were all disarmed there by those protestant gentlemen that adhered to the parliament . further north , the countries were more full of variance . the earl of newcastle , with a strong garison , kept for the king the town of newcastle . and the earl of cumberland , made lord-lieutenant of york-shire by the king , was active in putting the commission of array in execution : but resisted they were by the lord fairfax , and others of the parliamentary gentlemen . but this businesse of the north shall now be passed over , deserving a larger story hereafter , when time shall require , to speak of the earl of newcastle's greatnesse , and the various fortunes of the lord fairfax , and his son sir thomas fairfax . in derbyshire , where many great lords and gentlemen inhabited , none at all of note stood for the parliament , but sir john gell and his brother : of whose actions it will be seasonable to speak in another place . staffordshire and nottinghamshire were in no lesse combustion . in leicestershire the troubles were far greater , and early begun by master henry hastings , second son to the earl of huntingdon , whom the king had made sheriff of that county , and put into the commission of array ; who raised great forces to seize upon the magazine of that county . against whom the earl of stamford was sent by the parliament , as lord lieutenant , with a considerable strength : who arriving there , did much curb the proceedings of master hastings , and took possession of the town of leicester . great was the contention about that time in warwick-shire , between the earl of northampton for the king , and the lord brook for the parliament , not without sharp encounters , and slaughter on either side . the earl having seized the ordnance at banbury , marched with great fury into warwick-shire , spoiling the countrey as he went , though not without opposition of the people , and the lord brook's forces ; against whom he could not at all prevail . the earl of pembrook had setled the militia in wil●shire with small ado , though it continued not long so . and the earl of holland in berk-shire , being but saintly resisted by the earl of berk-shire , the lord lovelace , and others . for soon after , the earl of berk-shire , together with sir john curson , sir robert dormer , and others for the commission of array , who came to watlington in oxfordshire , to seize the magazine of that part of the county , which was laid up in that town , were there taken prisoners , and sent up to the parliament by colonel hamden and colonel goodwin , two members of the house of commons , and knights of the shire for buckingham . but the further that this discourse travels westward , the greater and more remarkable you shall finde such contestations ; especially considering the number of lords and gentlemen of great rank , and many of them members of parliament , who sided with the king against the parliament , and were therefore afterward voted out of the house . one great head there was of all those western counties , william marquesse of hartford , whom the king , by his commission of array , had appointed chief , and made him lord lieutenant-general of devon , cornwal , somerset , dorset , wilts , southampton , gloucester , berks , oxford , hereford , and seven counties within the principality of wales : who , notwithstanding his high command , was never able to atchieve any great matter for the king's side ; so much were the common people of the west at that time inclined to the parliament , and so active were those gentlemen who stood for it ; such as were the sons of sir francis popham , master alexander popham , hugh , and edward , who were more animated by the example of their aged father ; master strode a deputy-lieutenant , and others , against all those frequent attempts which the marquesse made . great was the number of considerable men in those countries , which took part with the marquesse against the parliament , and very industrious in their several stations , to put in execution the commission of array ; as the lord pawlet , sir ralph hopton , and sir john stowel , both members of the house of commons , and for that reason put out of the house . sir richard slany in cornwal , another member , put out also for the same cause ; as likwise were sir edward rodney and master coventry , both parliament-men , who followed the marquesse in some of his actions . sir bevile greenvile an active man , another member of parliament , was very industrious for the array , both in cornwal and devon , joyning himself with the earl of bath , who came for that purpose to his house at tastock in devonshire , and assisted by many gentlemen , as master culins , sheriff of that county , m. bamfield , m. ashford , m. gifford , m. sainthil , baronet seymour , and m. courtney ; to whose assistance squire rogers came with forces out of dorsetshire . various were the successes which marquesse hartford , assisted by so many of the gentry , found in his several enterprises ; sometimes prevailing , but more often distressed . in one skirmish , which about the beginning of august , himself , the lord pawlet , sir ralph hopton , sir john stowel , and m. smith , another member of the house of commons , made against the deputy-lieutenants in somersetshire , he prevailed against them , and possessed himself of the town of shepton-mallet : ten men were slain , and many wounded . going afterwards to wells , he had been besieged by many thousands of the people , who arose against him ; but that having timely notice of their coming , he escaped a back-way out of the town . about which time , the earl of bedford was sent down by the parliament against him with three hundred horse : by whom the lord marquesse , the lord pawlet , sir ralph hopton , colonel lunsford , and many other considerable men , were besieged in sherburn . for great numbers out of the country came daily to the assistance of the earl of bedford . many weeks did that siege continue ; many sallies were made out , and sharp encounters on both sides performed with great courage : the parliament side being in firm hope to have taken them at last ; which was conceived a thing of great moment , and advantage to their affairs , if they could have possessed the persons of so many men , considerable both in their fortunes and valour ; and who proved afterwards very strong and cruel enemies . yet that hope was frustrate : for about the beginning of october , they all escaped out of sherburn : the earl neverthelesse pursued after them , and in the chase took m. pallart , sir henry , sir john , and sir charles barclay prisoners . within a week after , the earl of bath was apprehended , and brought up a prisoner to the parliament . it cannot be much wondered at , that division was found in countrey-towns and villages so far remote from the parliament , where the people were variously wrought upon by perswasions or fears from either side : when london it self , the seat of that great councel , and chiefest bulwark of their defence , was not without some taste of these distractions . which , besides the actions of some private citizens , too petty to be here rehearsed , may appear to the reader in one thing , which cannot be omitted : the lord major of london was at this time a prisoner in the tower , committed by the parliament . sir richard gurney , lord maior of london for that yeer , was charged by the house of commons on the seventh of iuly , for being a mover of sedition in the kingdom , in causing the king's proclamation concerning the commission of array ( which was declared by both houses to be illegal ) to be proclaimed in the city . and the charge being perfected , was sent up to the lords , desiring that he might forthwith be called to his answer ; which was accordingly granted . four days after , while the lord maior was attending the lords house upon this charge , and additional impeachment was read against him in the house of commons , brought in by the common-councel of london , for divers breaches of his oath in execution of his office , for proclaiming divers illegal proclamations , and contemning the orders of parliament . this impeachment was forthwith sent up , and read in the lords house . upon the reading of which , it was ordered that he should be sent to the tower , from thence to be brought to a legal trial upon his impeachment . many days , during the space of a whole month , was this lord maior brought from the tower to westminster , to attend the lords of parliament , and many times returned back without being heard , by reason of so great a multiplicity of businesses as the houses were then in . at last , after some hearings , he was brought , on the twelfth of august , to the house of lords , to receive his censure : the effect whereof was , that he should be put from his majorality , never bear office in the city or common-wealth , be uncapable of all honour or dignity to be conferred on him by the king , and stand committed prisoner to the tower , during the pleasure of both houses . during the time of these contentions between the ordinance of the militia and commission of array , which is briefly touched by it self ; it will not be amisse to return to the king's proceedings in his own person , by what degrees he came to encrease in strength , and what contestations happened betwixt himself and the parliament : wherein , that which concerned the pen , shall be first briefly touched , and then his other actions . but those declarations , petitions , and proclamations , which upon all occasions were then published , are too many and too long to be recited in a story : in the records , and printed books of ordinances , they may be read . i shall onely mention some of the chief , and excerp the most material contents of them . the parliament , about the end of iuly , had petitioned the king to forbear all preparations of war , and remove his garisons . to which he gave answer , and upbraided them with their preparations of war , for appointing the earl of essex to be their general , and the earl of warwick admiral . in that answer , he descants at large upon particulars , commanding his said answer and their petition to be read in all churches . to which the parliament reply , as they had done before , that they cannot lay down arms , nor rejourn the parliament to any other place , as he would have them , unlesse he leave off those warlike preparations , and comply with that councel , to which onely he ought to adhere , by the constitution of this government . they likewise command the petition , answer , and reply to be read in all churches . but things proceeding still higher , the king , being returned to the city of york , from thence sent forth a proclamation , to suppresse ( as he there stileth it ) the present rebellion under command of robert earl of essex ; offering withal free pardon to him , and all such as shall within six days after the date thereof , being the ninth of august , lay down their arms. in which proclamation also he commanded the marquesse hartford to raise speedily what forces he could , within all those counties whereof he had made him lieutenant-general in the commission of array ( of which before was spoken ) and to march against , destroy , or apprehend the said earl of essex . the parliament , upon this proclamation , make a declaration , wherein they briefly recount all the king 's former proceedings against them and the kingdom : all which they attribute ( after their usual manner ) to his wicked councel ; and promise still to make him great and happie , if he will return to his great councel . but the next day after his former proclamation , the king , continuing still at york , sent forth another , declaring that no papist should serve him in his army , and that his souldiers should commit no rapine upon the people . and within two days after that , he published a discourse , called a declaration to all his loving subjects concerning the proceedings of this present parliament . this declaration was of a great length , containing fifty pages in a large quarto . in which was comprised a kinde of history touching all former passages betwixt himself and them , from the beginning of these divisions : which is to be read in the printed book of parliament-ordinances . toward the end of that declaration , he protesteth a wonderful love to parliaments , and to the peace and happinesse of the kingdom : but he requires that some persons ( as disturbers of the publike peace ) may be delivered into the hands of justice , to be tried by their peers , naming the lord of kymbolton , and those five members of the house of commons whom before he came to surprise in that house , master hollis , sir arthur haslerig , m. pym , m. hambden , and m. strode ; as likewise m. henry martin and sir henry ludlow , two members also of the house of commons , for speaking some bold speeches in that house . he also desires to have delivered up to him alderman penington , who succeeded in the majorality to the fore-named sir kichard gurney , and captain venn , one of the city-captains : those two last he accuses of bringing tumults from the city , to terrifie the parliament at westminster . another desire of the king 's is , that inditements of high treason upon the statute of the yeer of king edward the third , may be drawn against the earls of essex , warwick , and stamford , the lord brook , sir john hotham , and serjeant-major-general skippon , an expert and religious souldier , a man of high action in the succeeding war , whom the city had employed in exercising of their militia ; as likewise against all those who shall hereafter exercise the militia by vertue of the ordinance of parliament . the pen was very quick upon all occasions : and the king , the next day after the publication of this long fore-mentioned declaration , sent a message to the parliament , upbraiding both houses with an order which they had then made , for the borrowing of an hundred thousand pounds out of that money which the adventurers had raised for reducing of ireland , and subduing the rebels there ; affirming , that out of his princely care and piety toward distressed ireland , he cannot but take notice of it ; commanding them immediately to retract that mischievous and unjust order ( for so he calls it ) as they would answer the contrary to almighty god , himself , and those that have trusted them : wherein he expecteth their speedie answer and obedience ; and the rather , that he may thereby be secured , that such part of the four hundred thousand pounds as is or shall be collected from his good subjects of england by vertue of the late act of parliament whereby the same is granted , may not likewise ( under false pretences ) be diverted from the proper use to which it was intended , and misemployed to the disturbance of the kingdoms peace , in a war against him . the lords and commons in parliament make answer to this message , expressing what caution there was in the very order ( which upon that very occasion was printed ) for speedie repayment of that sum , and disposing of it to the right use . but first they tell the king , that this very message of his to them , is an high breach of the priviledge of parliament : and upon that occasion , they call to remembrance and declare many particulars of their care for the relief of ireland , and the king 's hindering of it . those particulars there expressed , are as followeth . they declare , that this bloodie rebellion was first raised by the same counsels that had before brought two armies within the bowels of this kingdom , and two protestant nations ready to welter in each others blood , which were both defrayed a long time at the charge of the poor commons of england , and quietly at last disbanded ; by gods blessing upon the parliaments endeavours . that this designe failing , the same wicked councels who had caused that impious war , raised this barbarous rebellion in ireland ; and recommended the suppressing thereof ( for the better colour ) to the parliaments care : who out of a fellow-feeling of the unspeakable miseries of their protestant brethren there ( not suspecting this horrid plot , now too apparent ) did cheerfully undertake that great work , and do really intend and endeavour to settle the protestant religion and a permanent peace in that realm , to the glory of god , the honour and profit of his majestie , and security of his three kingdoms . but how they have been discouraged , retarded , diverted in and from this pious and glorious work , by those traiterous counsels about his majestie , will appear by many particulars . they there mention the sending over at first of twenty thousand pounds by the parliament , and that good way found out to reduce ireland by the adventure of private men , without charging the subject in general , which would probably have brought in a million of money , had the king continued in or neer london , and not , by leaving his parliament , and making war upon it , so intimidated and discouraged the adventurers , and others who would have adventured , that that good bill is rendered in a manner ineffectual . they mention , that when at the sole charge of the adventurers , five thousand foot and five hundred horse were designed for the relief of munster , under the command of the lord wharton , and nothing was wanting but a commission to enable that lord for the service , such was the power of wicked counsel , that no commission could be obtained from the king ; by reason whereof , lymrick was wholly lost , and the province of munster since in very great distresse . that when well-affected persons , at their own charge , by way of adventure , had prepared twelve ships , and six pinnaces , with a thousand land-forces , for the service of ireland , desiring nothing but a commission from his majestie ; that commission , after twice sending to york for it , and the ships lying ready to set sail , three weeks together , at the charge of neer three hundred pounds a day , was likewise denied . and those adventurers ( rather then lose their expedition ) were constrained to go by vertue of an ordinance of both houses of parliament . that , though the lords justices of ireland earnestly desired to have two pieces of battery sent over , as necessary for that service ; yet such commands were given to the officers of the tower , that none of the king's ordnance must be sent , to save his kingdom . that charles floyd , engineer and quartermaster-general of the army in ireland , and in actual employment there against the rebels , was called away from that important service , by expresse command of the king. that captain green , controller of the artillery , a man in pay , and principally employed and trusted here by the lord-lieutenant of ireland for providing and ordering the train of artillery which was to be sent to dublin , and who had received great sums of money for that purpose , was commanded from that employment and trust , to serve the king in this unnatural war against his parliament . and when the parliament had provided six hundred suits of clothes for present relief of the poor souldiers in ireland , and sent them towards chester , william whitaker that undertook the carriage of them , was assaulted by the king's souldiers lying about coventry ; who took away the six hundred suits of clothes , and the poor man , his waggon and horses , though they were told that the clothes were for the souldiers in ireland , and though the poor carrier was five times with the earl of northampton , to beg a release of his waggon . that three hundred suits of clothes sent likewise by the parliament for ireland , with a chirurgion's chest of medicaments , towards chester , were taken all away by the king's troopers under command of one captain middleton , together with the poor carrier's horses and waggon , for the king's service . as likewise , that a great number of draught-horses prepared by the parliament for the artillery and baggage of the irish army , and sent to chester for that purpose , being there , attending a passage , are now required by the king for his present service in england ; whose forces are so quartered about the roads to ireland , that no provision can passe thither by land with any safety . that captain kettleby and sir henry stradling , the admiral and vice-admiral of the ships appointed to lie upon the coast of ireland , to annoy the rebels , and to prevent the bringing of ammunition and relief from forraign parts , are both called away from that employment by the king's command : and by reason of their departure from the coast of munster , to which they were designed , the rebels there have received powder , ammunition , and other relief from forraign parts . by which particulars ( say they ) it may seem that those rebels are countenanced there , upon designe to assist the enemies of the parliament here : especially considering that those confident rebels have presumed , very lately , to send a petition to the king , intituling themselves his majesties catholike subjects of ireland , and complaining of the puritan parliament of england ; and desiring , that since his majestie comes not thither , according to their expectation , they may come into england to his majestie . the parliament therefore , finding what danger both kingdoms are in , by the designes of cruel enemies , thought fit to provide for the safety of both , by preparing a competent army for the defence of king and kingdom . but in regard that the plate brought in by so many well-affected men , could not be co●●ed to suddenly as the service required ; and well knowing that one hundred thousand pounds might for a short time be borrowed out of the adventurers money for ireland , without any prejudice to the affairs of that kingdom , whose subsistence depends upon the welfare of this , and resolving to make a speedie repayment of that money , made this order : which that it may appear ( say they ) to all the world to be neither mischievous , illegal , nor unjust ( as the king calls it ) the house of commons thought fit to recite it in haec verba ; and instead of retracting the order , to repay that money with all possible speed . the order . iuly . it is this day ordered by the commons house of parliament , that the treasurers appointed to receive the moneys come in upon the subscriptions for ireland , do forthwith furnish , by way of loan , unto the committee of lords and commons for the defence of the kingdom , the sum of one hundred thousand pounds , for the supply of the publike necessity , for defence of the king , parliament , and kingdom , upon the publike faith , to be repayed duely and carefully within so short a time , that it shall not be diverted from that purpose for which it was intended , or any way frustrate the acts already made in the behalf of that adventure . during the time of these paper-conflicts , the king in person had often removed , and visited many places . to the gentry of leicestershire he made a speech on the of iuly , after his usual manner , with protestations of his great love to the people , and care of the kingdom . and from thence removing northward , on the fourth of august he made a speech after the same manner to the gentry of york-shire ; from whence he returned back to nottingham , and there set up his standard royal. very few people resorted to it . nor had the king at this time a considerable strength to guard his person , if any attempts had been to have seized upon him . from nottingham , on the of august , the king sent a message to the parliament by the earls of southampton and dorset , and sir john culpeper , one of the members of the house of commons , who had deserted the parliament , and went to the king at york ; having not long before been made by him chancellour of the exchequer . the king's message to both houses of parliament from nottingham , aug. . . we have with unspeakable grief of heart long beheld the distractions of this our kingdom . our very soul is full of anguish , until we may finde some remedy to prevent the miseries which are ready to overwhelm this whole nation by a civil war. and though all our endeavours tending to the composing of those unhappie differences betwixt vs and our two houses of parliament ( though pursued by vs with all zeal and sincerity ) have been hitherto without that successe we hoped for ; yet such is our constant and earnest care to preserve the publike peace , that we shall not be discouraged from using any expedient , which by the blessing of the god of mercy may lay a firm foundation of peace and happinesse to all our good subjects . to this end observing that many mistakes have arisen by the messages , petitions and answers betwixt vs and our two houses of parliament ; which haply may be prevented by some other way of treaty , wherein the matters in difference may be more clearly understood , and more freely transacted : we have thought fit to propound to you , that some fit persons may be by you enabled to treat with the like number to be authorized by vs , in such a manner , and with such freedom of debate , as may best tend to that happie conclusion which all good men desire , the peace of the kingdom . wherein , as we promise in the word of a king , all safety and encouragement to such as shall be sent unto vs , if you shall chuse the place where we are for the treaty , which we wholly leave to you , presuming the like care of the safety of those we shall employ , if you shall name another place : so we assure you and all our good subjects , that ( to the best of our understanding ) nothing shall be therein wanting on our part , which may advance the true protestant religion , oppose popery and superstition , secure the law of the land ( upon which is built as well our just prerogative , as the propriety and liberty of the subject ) confirm all just power and priviledges of parliament , and render vs and our people truely happie , by a true understanding betwixt vs and our two houses of parliament . bring with you as firm resolutions to do your duty , and let all our people joyn with vs in our prayers to almighty god for his blessing upon this work. if this proposition shall be rejected by you , we have done , our duty so amply , that god will absolve vs from the guilt of any of that blood which must be spilt . and what opinion soever other men may have of our power , we assure you , nothing but our christian and pious care to prevent the effusion of blood , hath begot this motion ; our provision of men , arms and money being such , as may secure vs from further violence , till it please god to open the eyes of our people . the answer of the lords and commons to the king's message of the of august , . may it please your majestie : the lords and commons in parliament assembled having received your majesties message of the of august , do with much grief resent the dangerous and distracted state of this kingdom , which we have by all means endeavoured to prevent , both by our several advices and petitions to your majestie , which have been not onely without successe , but there hath followed that , which no evil counsel in former times hath produced , or any age hath seen , those several proclamations and declarations against both the houses of parliament , whereby their actions are declared treasonable , and their persons traitours ; and thereupon your majestie hath set up your standard against them , whereby you have put the two houses of parliament , and in them this whole kingdom , out of your protection : so that until your majestie shall recal those proclamations and declarations whereby the earl of essex and both houses of parliament , their adherents and assistants , and all such as have obeyed and executed their commands and directions , according to their duties , are declared traitors , or otherwise delinquents ; and until the standard , set up in pursuance of the said proclamations , be taken down , your majestie hath put us into such a condition , that , whilst we so remain , we cannot by the fundamental priviledges of parliament , the publike trust reposed in us , or with the general good and safety of this kingdom , give your majestie any other answer to this message . within few days after , the king sent instructions under his privie signet to his commissioners of array for the several counties of england and wales ; as to marquesse hartford , whom the king had made lieutetenant-general of all the western counties , as is before expressed ; to the earl of cumberland , lord-lieutenant of york-shire ; and the lord strange , lieutenant for lancashire and cheshire : in which instructions he commands them to pursue the earl of essex , whom he again calls rebel and traitour . immediately after , the king sent a reply to that answer of the parliament to his last message of the of august ; which being short , that the reader may the more truely inform himself of the nature of this strange division , i shall wholly insert in the very words . we will not repeat what means we have used to prevent the dangerous and distracted estate of the kingdom , nor how those means have been interpreted , because , being desirous to avoid effusion of blood , we are willing to decline all memory of former bitternesse , that might make our offer of a treaty lesse readily accepted . we never did declare , nor ever intended to declare both our houses of parliament traitours , or set up our standard against them ; and much lesse to put them and this kingdom out of our protection : we utterly professe against it before god and the world . and further , to remove all possible scruples which may hinder the treaty so much desired by vs ; we hereby promise , so that a day be appointed by you for the revoking of your declarations against all persons as traitours or otherwise for assisting vs , we shall with all cheerfulnesse upon the same day recal our proclamations and declarations , and take down our standard . in which treaty , we shall be ready to grant any thing that shall be really for the good of our subjects : conjuring you to consider the bleeding condition of ireland , and the dangerous condition of england , in as high a degree , as by these our offers we have declared our self to do : and assuring you , that our chief desire in the world , is to beget a good understanding and mutual confidence betwixt vs and our two houses of parliament . to the kings most excellent majestie : the humble answer and petition of the lords and commons assembled in parliament to the king 's last message . may it please your majestie : if we the lords and commons in parliament assembled should repeat all the ways we have taken , the endeavours we have used , and the expressions we have made unto your majestie , to prevent those distractions and dangers your majestie speaks of , we should too much enlarge this reply therefore as we humbly , so shall we onely let your majestie know , that we cannot recede from our former answer , for the reasons therein expressed : for that your majestie hath not taken down your standard , recalled your proclamations and declarations whereby you have declared the actions of both houses of parliament to be treasonable , and their persons traitors : and you have published the same since your message the of august , by your late instructions to your commissioners of array . which standard being taken down , and the declarations , proclamations and instructions recalled ; if your majestie shall then upon this our humble petition , leaving your forces , return unto your parliament , and receive their faithful advice , your majestie shall finde such expressions of our fidelities and duties , as shall assure you that your safety , honour and greatnesse can onely be found in the affections of your people , and the sincere counsels of your parliament , whose constant and undiscouraged endeavours and consultations have passed thorow difficulties unheard of , onely to secure your kingdoms from the violent mischiefs and dangers now ready to fall upon them ; who deserve better of your majestie , and can never allow themselve● ( representing likewise your whole kingdom ) to be balanced with those persons whose desperate dispositions and counsels prevail still so to interrupt all our endeavours for the relieving of bleeding ireland , as we may fear our labours and vast expences will be fruitlesse to that distressed kingdom . as your presence is thus humbly desired by us ; so it is in our hopes that your majestie will in your reason believe , there is no other way then this , to make your majesties self happie , and your kingdoms safe . the parliament , immediately after , published a declaration , that the arms which they were enforced to take up for the preservation of the kingdom , laws and liberties , could not be laid down , until the king should withdraw his protection from such persons as had been voted delinquents by both houses , and leave them to the justice of parliament . the king , within few days after , made another reply to the last answer of the parliament . the substance of it was , that he could neither do nor offer any more then he had already : and that he should think himself clear and innocent from any blood that might be spilt in this quarrel ; praying god so to deal with him and his posterity , as he desired to preserve religion , law , and liberty of the subjects , and priviledge of parliament . the parliament returned answer , that while the king thinks himself bound in honour to protect such delinquents , in whose preservation the kingdom cannot be safe , nor the rights of parliament at all maintained , but must needs fall into utter contempt ; they must needs think he hath not done what he can o● ought to do . they tell him it is impossible that any reasonable man should believe him to be so tender of bleeding ireland , when at the same time divers of the irish traitours , the known favourers of them , and agents for them , are admitted into his presence with grace and favour , and some of them employed in his service . the history of the parliament of england . the third booke . chap. i. prince rupert and prince maurice arrive in england . the earle of essex taking leave of the parliament , goeth to his command . the king increaseth in strength at shrewsbury . a skirmish at worcester . the great battell of keynton is fought . about the beginning of this september prince rupert , second sonne to frederick prince elector palatine of the rhene , who had long beene detained prisoner of warre by the emperour , and newly released , arrived in england , to offer his service to the king his uncle in those warres , which were now visibly begun in this unhappy kingdome ; together with him came his younger brother prince maurice , an addition rather of gallantry then strength to the kings side , being both young and unexperienced souldiers . neither indeed , though they were neere in birth to the crowne of england , were they neere enough to adde any security to the king , by purchasing the peoples hatred to themselves ; though that were imagined , and talked of by many , as the cause why they were sent for . their elder brother , charles , prince elector , might have served more fitly to play that part : but he , having long remained in the court of england , had lately left the king , not above two moneths before the arrivall of his brothers ; the reasons why he went away were partly expressed by himselfe afterward in a message , which he sent out of holland to the houses of parliament , wherein he professed sorrow for these distractions , and protested that whilest he was in the court of england , he had by all meanes indeavoured to bring the king into a good opinion of his parliament ; acknowledging that his owne interest , and that of the protestant religion in germany , did more depend upon the happinesse of the english parliament , then upon any thing else under god. true it is , that this prince left not the king , untill he saw the rent betweene him and his parliament too great to close ; and having before been exposed by the king to some probability of envy , as when he attended his majesty to the house of commons for surprizall of the five members ; and with him afterwards , when some things unpleasing to the people had been done ; he might in likelihood , being of that opinion that he was of this cause , thinke it the wisest way to take a faire leave in time of the king. these two young princes arrived in england , were soone put into imployment and command under the king their uncle , in which they shewed themselves very forward and active , as will appeare afterward , and if more hot and furious then the tender beginnings of a civill warre would seeme to require , it may be imputed to the fervour of their youth , and great desire which they had to ingratiate themselves to the king ; upon whom , as being no more then souldiers of fortune , their hopes of advancement wholly depended . prince rupert , the elder brother , and most furious of the two , within a fortnight after his arrivall , commanded a small party of those forces which the king had at that time gathered together , which were not of so great a body as to be tearmed an army , with which he marched into divers counties , to roll himselfe like a snow ball , into a larger bulke , by the accession of forces in every place : through divers parts of warwick-shire , nottingham-shire , leicestershire , worcester-shire , and cheshire , did this young prince fly with those troops which he had , not inviting the people so much by faire demeanour ( for such was the report to the houses of parliament ) as compelling them by extreme rigour to follow that side which he had taken . many townes and villages he plundered , which is to say robb'd ( for at that time first was the word plunder used in england , being borne in germany , when that stately country was so miserably wasted and pillaged by forraigne armies ) and committed other outrages upon those who stood affected to the parliament , executing some , and hanging up servants at their masters doores , for not discovering of their masters . upon which newes , the houses of parliament fell into a serious debate , and agreed that a charge of high treason should be drawne up against him , for indeavouring the destruction of this state , which was voted a great breach of the kingdoms lawes , and breach of the priviledge of that great councell , representing the whole state of it . let it not seeme amisse in this place to insert a passage , happening at the same time , which cannot be omitted by reason of the eminence of that person whom it concernes , in the succeeding warres . colonell goring , who was before spoken of to keepe the towne of portsmouth against the parliament , being now no longer able to hold it out , was permitted by captaine merrick , not without allowance from the earle of warwick , to leave the place , and to be conveyed to the brill in holland , according to his owne desire : this the parliament were contented with , because the captaine was necessitated to agree to it , for preservation of that towne , and many persons therein well affected to the parliament ; for goring had threatned to destroy the towne with wilde-fire , if he might not preserve his owne life by a peaceable surrender . whilest prince rupert was thus active with a flying party , the king himselfe was moving with those forces which he had , but in a gentler and calmer way ; for the reverence which the people bare to his person , made him finde lesse resistance ; as windes lose their fury when they meet no opposition ; but howsoever , the king desired to go in such a way , as to be taken for a father of his country , and a prince injur'd by the parliament ; professions of love , perswasions , and protestations of his affection to the people , were the chiefe instruments which he used to raise himselfe a strength , and complaints against the proceedings and actions of the parliament ; as when he was marching toward shrewsbury , where he intended to make his chiefe rendezvouze , being a place convenient to receive and entertaine such forces as should come to him out of wales : which place ( as will appeare afterward ) failed not his expectation , though it were more then the parliament could suspect . as he was marching thither with a small army , he made a speech betweene stafford and wellington , on the . of september , and caused his protestation to be then also read in the head of his army ; wherein among other things , he tells them ( for their comfort and hope to prevaile ) that they should meet no enemies but traytors , most of them brownists , anabaptists , and atheists , who would destroy both church and common-wealth . and in this protestation , with deepe vowes , and imprecations upon himselfe and his posterity , he declares his whole care and intentions to be for the maintenance of the protestant religion , the lawes and property of the subject , together with the priviledge of parliament , as he was accustomed to do in his former speeches . but the king not many daies before , had taken a more harsh and coercive way ; for marching thorow derbyshire , leicestershire , and nottinghamshire , he commanded the trayned bands of those counties to attend and guard his person ; and when they were met , disarmed the greatest part of them , taking as many armes as served for . men , besides good summes of money , which , not without some constraint , he borrowed from them . but to leave the kings proceedings for a while , it is time to returne to the lord generall for the parliament , and the army raised under his conduct , which at that time , when prince rupert began to march , was growne to a considerable body , consisting of about ● thousand horse and foot ; their generall rendezvouze was at northampton , where many of the chiefe commanders , as the lord brooke , lord roberts , colonell hamden , and others , stayed with them , expecting the presence of his excellence , who on the ninth of september taking his leave of the parliament and city of london , bent his journey toward northampton , and was waited on by the trayned bands , and a great number of armed gentlemen from essex house to the end of the city with great solemnity . but the love and wishes of the people that did attend him , were farre greater then any outward signification could expresse : to whom he seemed at that time , though going to a civill warre , as much an english man , and as true a patriot , as if he had gone against a forraigne enemy . great was the love and honour which the people in generall bore to his person , in regard of his owne vertue , and honourable demeanour ; and much increased by the memory of his noble father , the highest example that ever i yet read , of a favourite both to prince and people ; of whom that was most true , which velleius paterculus speaks with flattery and falshood of sejanus , in quo cum judicio principis certabant studia populi , the peoples love strived to match the prince his judgement . that cause , wherein the earle of essex had ingaged himselfe , seemed to them religious enough to require their prayers for the successe of it : for the parliament , though they raised an army , expressed much humility and reverence to the kings person ; for not many daies after the departure of the lord generall , by consent of both houses , a petition to the king was drawne up , to be carried by sir philip stapleton , a member of the house of commons , often spoken of before , and at this time a colonell in the lord generals army . this petition he carried to northampton to the generall , to be by him presented ( according to the parliaments desire ) to his majesty , in a safe and honourable way : in which petition nothing at all ( according to their former declarations ) is charged upon the king himselfe , but only upon his wicked councell , and the former mis-governments briefly mentioned ; and that this wicked councell have raised an horrid rebellion and massacre in ireland ; and ever since , by opposition against the parliament , hindered the reliefe of that kingdom , and at last drawne his majesty to make a war upon his parliament , leading an army in person , to the destruction of his people , depriving his good subjects of his majesties protection , and protecting those traytors against the justice and authority of parliament . we the lords and commons assembled in parliament , have ( for these are the words of the petition ) for the just and necessary defence of the protestant religion , of your majesties person , crowne , and dignity , of the lawes and liberties of the kingdome , and the priviledges and power of parliaments , taken up armes , appointed and authorized robert earle of essex , to be captaine generall of all the forces by us raised , to conduct the same against those rebels and traytors , to subdue and bring them to condigne punishment : and we do most humbly beseech your majesty , to withdraw your royall presence and countenance from these wicked persons ; and if they shall stand out in defence of their rebellious and unlawfull attempts , that your majesty will leave them to be supprest by that power which we have sent against them ; and that your majesty will not mix your owne dangers with theirs , but in peace and safety , without your forces , forthwith returne to your parliament , and by their faithfull advice compose the present distempers and confusions abounding in both your kingdomes , and provide for the security and honour of your selfe and royall posterity , and the prosperous estate of all your subjects . wherein if your majesty please to yeeld to our most humble and earnest desires ; we do in the presence of almighty god professe , that we will receive your majesty with all honour , yeeld you all due obedience and subjection , and faithfully indeavour to secure your person and estate from all dangers ; and to the uttermost of our power , to procure and establish to your selfe , and to your people , all the blessings of a glorious and happy reigne . according to this petition were those directions from the parliament to the lord generall sent at the same time ; wherein the lord generall is required by the houses , to use his utmost indeavour by battell or otherwise , to rescue the kings person , the persons of the prince , and duke of yorke , out of the hands of those desperate persons now about them . another direction was , that if his majesty upon this humble petition , should be pleased to withdraw himselfe from the persons now about him , and returne to the parliament , that then the lord generall should disband , and should serve and defend his majesty with a sufficient strength in his returne . another direction was , that his excellency should proclaime pardon to all those who were at that time seduced against their parliament and country , if within ten daies after that proclamation they would returne to their duty , doing no hostile act within the time limited : provided that this should not extend to admit any man into either house of parliament , who stands suspended , without giving satisfaction to that house whereof he was a member ; and excepting all persons impeached for delinquency by either house , and those persons who have been eminent actors in these treasons , and therefore impeached in parliament of high treason ; such as were at that time declared , and there named ; the earles of bristoll , cumberland , newcastle , and rivers , secretary nicholas , master endymion porter , master edward hide , the duke of richmond , the earle of carnarvan , viscount newarke , and viscount fawkland ; these were the persons at that time voted against , and declared traytors , though afterwards others were added to the number of them , and many of these left out , as occasions altered . such directions , and others for the advantage of the army , and behoose of the countries , thorow which he was to march , were given by the parliament to his excellency ; but above all things to restraine carefully all impieties , prophannesse , and disorders in his army . the generall arriving at northampton , was there possessed of a great and gallant army , well furnished at all points , consisting of about twenty thousand , with those that within few daies were to come thither : an army too great to finde resistance at that time from any forces a foot in england ; for the kings side had then small strength : what they had , consisted of horse , who in small parties roved up and downe , to make provision , and force contribution in severall places . prince rupert especially , like a perpetuall motion , with those horse which he commanded , was in short time heard of at many places of great distance . the care therefore which his excellency especially tooke , was so to divide his great army , as to make the severall parts of it usefull , both to annoy the stragling troops of the enemy , and ptotect those counties that stood affected to the parliament , as also to possesse himselfe , either in his owne person , or by his lieutenants , of such towns as he thought might be of best import , if this sad war should happen to continue . from northampton he marched to coventry , to make that considerable city a garrison for the parliament ; and from thence to warwick ; and having fortified that towne , marched away towards worcester , upon intelligence that the king himselfe intended to come thither with his forces ; for his desire was to finde out the king ; and the parliament , to whom he imparted his designe by letter , approved well of his advance towards worcester . the city of worcester , as well as the whole county , had beene in great distractions , by reason not only of the dissenting affections of the inhabitants , but the frequent invitations from both sides ; if we may call that an invitation , which is made by armed force . sir john byron had first entred worcester for the kings side , whom master fiennes sonne to the lord say , had opposed for the parliament ; and afterward prince rupert with five hundred horse , not farre from the city , was encountred by master fiennes , who commanded another body about that number ; the skirmish was but small , and not above twelve men slaine , as the report was made at london . but before the lord generall could arrive at worcester , ( who was marching thither from warwick , as was before expressed ) there happened a fight there , not to be omitted , in regard of the persons that were there slaine or wounded , though the number of men in generall that fell were small . prince rupert was then at worcester with twelve troops of horse , when about that city divers of the parliaments forces were , though not joyned in one body , but dispersed : the prince marched out of the city into a greene meadow , and there set his men in battell array , to encounter whom he could first light upon . within halfe a mile of that field were the parliament troops , colonell sandys with his regiment of horse , captaine hales , and captaine wingate , who made toward the prince ; but their passage was very disadvantagious , as being thorow a narrow lane , where onely foure of a breast could march : colonell sandys , whose fault was too much courage , charging with his owne regiment thorow that lane , too soone , before the rest of the parliament forces could come up ( for besides the forenamed captains , hales and wingate , captaine fiennes , and captaine austin , were not farre off , and marching apace to their assistance ) made notwithstanding some slaughter of the prince his men , and maintained the fight untill the mentioned forces approached the place ; but then the prince , the two sides growing into some equality of number , fearing , perchance , to be too long ingaged in a fight , untill the lord generals army might approach , some of the fore-runners not being farre off , retreated back into the city of worcester , thorow which he marched away with as much speed as he could , the parliament forces following him thorow the towne , and so over a bridge , about which some of the parliament dragoneers were placed , who cut off twenty of the prince his troopers , and tooke thirty prisoners . there were sound dead at the place of their first incounter . men . there were slaine of the parliament side of note , colonell sands his cornet , who first of all fell , and serjeant major douglas ; colonell sands himselfe was desperately wounded , of which wounds he died about a moneth after . it was reported that colonell wilmot , of whom we have spoken before , and who was afterward an eminent champion on the kings side , was in this conflict runne thorow the body by colonell sands . his excellency immediately after this fight , came to worcester with his army , where he resolved to quarter a while , as a place convenient to send out parties upon all occasions , and watch the motion of the kings forces . this discourse shall here leave him , and relate the passages of the other armies . prince rupert having left worcester , marched with his troops to ludlow , twenty miles distant thence ; and the king with a small body of horse , passed into wales , and having made a speech full of protestations , to the inhabitants of denbigh and flintshire , and gained some parties there , the next day he marched to shr●wsbury , where he intended to quarter for a time , as a fit rendezvouze for those forces expected from wales , and other neere adjacent parts . to shrewsbury the king caused a mint to be brought , and there coyned all the plate which he then had , or was then and soone after presented to him ; for many noblemen , gentlemen , and others , about that time had furnished the king , not onely with horses and armes , but money and plate , as the citizens of london , and other gentlemen had done to the parliament , upon their publike faith , as is before expressed . it is a wonderfull thing , almost beyond what himselfe could hope , or the parliament suspect , how much and how suddenly the king grew in strength , in that little time that he quartered at shrewsbury ; the king , within few daies after his coming thither , had in publike , to the gentry , freeholders , and other inhabitants of that county , made an oration full of perswasive art , and such winning expressions , as fitted the purpose he had in hand , such as might render him to the thoughts of those people , an injur'd prince , and move compassionate affections toward him . which speech of his , as it was reported and printed in london , i shall here insert . gentlemen : it is some benefit to me , from the insolencies and misfortunes which have driven me about , that they have brought me to so good a part of my kingdome , and to so faithfull a part of my people : i hope neither you nor i shall repent my coming hither ; i will do my part that you may not ; and of you i was confident before i came . the residence of an army is not usually pleasant to any place ; and mine may carry more feare with it , since it may be thought ( being robb'd and spoiled of all mine owne , and such terrour used to fright and keep all men from supplying of me ) i must onely live upon the aid and reliefe of my people . but be not afraid ; i would to god my poore subjects suffered no more by the insolence and violence of that army raised against me ( though they have made themselves wanton even with plenty ) then you shall do by mine ; and yet i feare i cannot prevent all disorders ; i will do my best : and this i promise you , no man shall be a looser by me , if i can help it . i have sent hither for a mint ; i will melt downe all my owne plate , and expose all my land to sale or morgage , that if it be possible , i may bring the least pressure upon you : in the meane time , i have summoned you hither to do that for me and your selves , for the maintenance of your religion , and the law of the land ( by which you enjoy all that you have ) which other men do against us . do not suffer so good a cause to be lost , for want of supplying me with that , which will be taken from you by those who pursue me with this violence . and whilest these ill men sacrifice their money , plate , and utmost industry to destroy the common-wealth , be you no lesse liberall to preserve it . assure your selves , if it please god to blesse me with successe , i shall remember the assistance that every particular man here gives me , to his advantage . however , it will hereafter ( how furiously soever the minds of men are now possessed ) be honour and comfort to you , that with some charge and trouble to your selves , you did your part to support your king , and preserve the kingdome . but with such skill had the king managed his affaires there , and so much had fortune crowned his indeavours , that before the middle of october , which was about three weekes after his first comming to shrewsbury , with an inconsiderable body of an army , he was growne to a great strength , consisting of about six thousand foot , three thousand brave horse , and almost two thousand dragoneers ; and purposing about that time to remove from thence , he issued out warrants to the inhabitants of shrewsbury , and other adjacent townes and villages , to send horses and carts for his removall . the king marched a long within the view of coventry , but not intending to lose any time there in sitting downe before it , unlesse the towne had been freely surrendred to him : but that was denyed , though in a very humble message , by the governour of it . marching on , he came and lay at southam , when the lord generall essex was not many miles distant from him . so much was the king now growne in strength , that he was able , at so great a distance , to strike some terrour into the city of london it selfe , and provoke their sedulous indeavour for a defence against his feared approach , though the lord generall essex with as great an army , were then abroad to attend his marches . the parliament it selfe tooke the businesse into their strict care : for both houses conceiving that the city was in imminent danger of the kings forces , ordered , that the trayned bands thereof should be speedily raised for a guard ; that such fortifications as could suddenly be made , should not be wanting ; that a committee should be appointed to consider of the present setting up courts of guard , and raising works , for planting of ordnance in speciall places about the city and suburbs . according to which order many hundreds of men fell presently to worke , in digging of trenches , and other bulwarks . it was ordered likewise , that the trayned bands of london , middlesex , and surrey , should be put into a readinesse ; and that the close committee , by help of the lord mayor , should with all diligence search out , and secure the persons of all the ill-affected citizens , or the chiefe of them , that were suspected to be most able , or active , to raise a party against the parliament . twelve companies of london , were by order of parliament sent to windsor , to possesse and secure that castle ; and many seamen raised to guard the passages of the river thames . the parliament about that time considering how much these civill distractions increased over the whole kingdome , passed a vote , that it was and should be lawfull for all counties in england to enter into an association , for mutuall defence of each other , of their religion , lawes , and liberties . whereupon , within a short time after , buckingham , hartford , and nottinghamshire , began to associate after that manner , raised forces for the parliament , and advanced both plate and money upon their propositions . the danger that seemed to threaten london at that time , though distant in place , yet in reason was neer . for the kings army was judged to be neerer to it , then the lord generals was ; and it was probable enough , that his desires would rather lead him to attempt the city , then to ingage against the army ; and it was thought and spoken by some , that london was a place where he had many friends , who upon the approach of such an army , would appeare for him , and to facilitate his atchievements , would fill the city with intestine tumults and seditions . that london was the onely place where the parliament was to be totally suppressed , and his army inriched to the height of their desires . but others were of opinion , that such an attempt , as it was preposterous , would prove frustrate , and that the city could not be gained , unlesse the army were first subdued . for besides the consideration , that the supposed party for the king in london , were not in probability of power enough to accomplish his ends , it might be thought they were not so desperately inclined to him , as to throw themselves and estates into such hazard , as must be undergone in the confused rage of a licentious army . the maine reason against it was , that the lord generall essex , with an army as strong as the kings , would follow his march neere at hand , and by the help of those forces which the city of london would power forth upon him , utterly ruine his inclosed army . but howsoever the counsels were , it pleased god that it was brought to a battell , to which probably the king might be the more invited by that advantage of the absence of a great part of the parliaments army . this famous battell , called by some the battell of edgehill , by others the battell of keynton ( that keynton is a little towne in warwickshire , almost in the mid way betweene stratford upon avon and banbury ) was fought on a sunday , being the . day of october . the king on saturday the . of october , came within six miles of keynton , and that night at cropredy , and edgecot lodged his great army , consisting of about . foot , and about . horse and dragoneers ; a farre greater number then the lord generall essex had together at that time ( though his whole army consisted of more , ) for that opportunity the king tooke of the absence of many regiments of the parliament . the lord generall essex on that saturday night quartered at keynton with his army , consisting then but of . regiments , and about . troops of horse , little in all exceeding the number of . men ; the reason why his forces at that time were no more in number , was , besides that by reason of the suddennesse of his march , and diligence to follow the kings army , he had left behinde two regiments of his foot , one under the command of colonell hamden , the other of colonell grantham , together with . troops of horse , behinde but one daies march , and left to bring on the artillery , which was seven peeces of canon , with great store of ammunition , and came not to keynton till the battell was quite ended ; the lord generall also had before left for preservation of the countries thereabout ( and whom on such a sudden he could not call together to his assistance ) one regiment of foot , and two troops of horse , under command of the earle of stamford , at hereford , that the power of wales might not fall into glocestershire ; another regiment was left at worcester , another at coventry , for the safety of that towne , and one regiment occasionally lodged then in banbury . in keynton the lord generall intended to rest sunday , to expect the residue of his forces and artillery , but in the morning the enemy was discovered not far off , which made him give present order for drawing that army which he had there into the field ; the kings forces had gotten the advantage of a very high and steepe ascent , called edgehill , from whence they were discovered that morning ; not farre from the foot of that hill , was a broad champion , called , the vale of the red horse , a name suitable to the colour which that day was to bestow upon it , for there happened the greatest part of the encounter . into that field the lord generall was forced presently to march , making a stand about halfe a mile distant from the foot of edgehill , where he drew his army into battalia , and saw the kings forces descending the hill , ready for their incounter ; that army at the first having two advantages , of the hill , and of the winde ; it was full of skilfull commanders , and well ordered ; their greatest body of horse was on the right wing , on the left were some horse and dragoneers . the parliament army was drawne up , and put into battalia upon a little rising ground in the forenamed vale , the foot being , many of them , a good space behind the horse , when the charge began . three regiments of horse were on the right wing , the lord generals owne regiment , commanded by sir philip stapleton , sir william ba●fores regiment , who was lieutenant generall of the horse ; and the lord fieldings regiment , which stood behinde the other two , in the way of a reserve , sir john meldrums brigado had the van ; colonell essex was in the middle ; the lord generals regiment , the lord brooke , and colonell hollis , were in the reare ; in the left wing were about . troops of horse , commanded by sir james ramsey their commissary generall . in this posture they stood , when the other army advanced toward them , the strength of their horse being ( as aforesaid ) on their right wing , opposite to the left wing of the parliament army . the canon on both sides with a loud thunder began the fight , in which the successe was not equall , the parliaments canon doing great execution upon their enemies , but theirs very little . the earle of lindsey , generall for the king , with a pike in his hand , led on the maine body of that army , in which was the kings owne regiment , incountred by the lord generall essex , who exposed himselfe to all the danger that a battell could make , first leading on his troope , then his owne regiment of foot , and breathing courage into them , till being disswaded by divers from ingaging himselfe too farre , he returned to the rest of the army , to draw them on . the chiefe regiments having begun the battell , sir philip stapleton , with a brave troope of gentlemen ( which were the generals life guard , and commanded by him ) charged the kings regiment on their right flanke within their pikes , and came off without any great hurt , though those pikemen stoutly defended themselves , and the musqueteers being good firemen , played fiercely upon them . the battell was hot at that place , and so many of the kings side slaine , that the parliament army began to be victorious there ; they tooke the standard royall , the bearer thereof sir edmund varney , being slaine , and the generall the earle of lindsey sore wounded , was taken prisoner . but the same fortune was not in every part ; for the kings right wing , led by prince rupert , charged fiercely upon the left wing of the other ( consisting most of horse ) and prevailed altogether , for the parliament troops ranne almost all away in that wing , and many of their foot companies , dismayed with their flight , fled all away , before they had stood one charge ; colonell essex being utterly forsaken by that whole brigade which he commanded , went himselfe into the van , where he performed excellent service , both by direction and execution , till at the last he was shot in the thigh , of which he shortly after died ; ( some part of their disheartning was caused by the revolt of their owne side ; for sir faithfull fortescue , at the beginning of the fight , instead of charging the enemy , discharged his pistoll to the ground , and with his troope , wheeling about , ranne to the kings army , to whom he had formerly given notice thereof by his cornet . ) the parliament army had undoubtedly been ruined that day , and an absolute victory gained on the kings side , if prince rupert , and his pursuing troops had been more temperate in plundering so untimely as they did , and had wheeled about to assist their distressed friends in other parts of the army ; for prince rupert followed the chase to keynton towne , where the carriages of the army were , which they presently pillaged , using great cruelty , as was afterward related , to the unarmed waggoners , and labouring men ; a great number of the flying parliament souldiers were slaine in that chase , which lasted two miles beyond keynton ; and so far , till the pursuers were forced to retire , having met with colonell hambden , who marched with the other brigado of the army , that brought on the artillery and ammunition , before spoken of , colonell hambden discharged five peeces of canon against them , some were slaine , and the rest ceasing the pursuit , retired hastily to the field , where they found all their infantry , excepting two regiments , quite defeated ; for in the meane time , sir william balfore , lieutenant generall of the horse , with a regiment of horse , charged a regiment of the kings foot , before any foot of his owne side could come up to him , and breaking most bravely into it , had cut most of them off ; and afterward , by the assistance of some foot , who were come up to him , he defeated another regiment , and so got up to the greatest part of the kings ordinance , taking some of them , cutting off the geeres of the horses that drew them , and killing the gunners , but was inforced to leave them without any guard , by reason that he laboured most to make good the day against severall regiments of the kings foot , who still fought with much resolution , especially that which was of the kings guard , where his standard was ; by which sir william balfores regiment rode , when they came back from taking the ordnance , and were by them mistaken for their owne side , passing without any hostility , was the cause , that immediately afterward , sir william riding up toward the lord generall essex his regiment of horse , they gave fire upon sir william balfores men , supposing them to be enemies , but soone discovering each other , they joyned companies , and were led up with halfe the lord generals regiment , by his excellency himselfe , against the kings maine strength , where a terrible and bloody incounter happened : at the same time colonell ballard , who led a brigado there of the lord generals regiment , and the lord brooks his , forced a stand of the kings pikes , and brooke thorow two of his regiments . in this great conflict the standard royall ( as aforesaid ) was taken , and sir edmund varney slaine , the earle of lindsey , with his sonne , taken prisoners , together with colonell vavasor , lieutenant colonell of that regiment , colonell munroe also was there slaine . the standard thus taken , and put into the lord generals hand , was by him delivered to his secretary master chambers ; but the secretary , after he had carried it some time in his hand , suffered it to be taken from him by an unknowne person , and so privately it was conveyed away . there also was great service performed by the lord gray , sonne to the earle of stamford , and sir arthur haslerig , and a considerable help given to the turning of the day , by defeating a regiment of the kings , called the blew regiment . by this time all the kings foot , excepting two regiments , were dispersed , and the parliamentarians had gotten the advantage of the winde , and that ground which their enemies had fought upon . those two regiments of the kings , retiring themselves , and finding their ordnance behind them without any guard , tooke stand there , and made use of their canon , discharging many shot against their enemies . but at that time the parliament foot began to want powder , otherwise ( as was observed by a commander in that army ) they had charged them both with horse and foot ; which in all probability would have utterly ruined the kings infantry , consisting in a manner but of two regiments . thus the parliament army , partly for want of ammunition , and partly being tired with so long a fight ( for the whole brunt of the battell had been susteyned by two regiments of their horse , and foure or five of their foot ) made no great haste to charge any more . the kings horse , who had been long pillaging about keynton , by this time had leisure to come about on both hands , and joyne themselves to their foot ; but as they came back on the left hand of their enemies , sir philip stapleton with his horse , gave them a terrible charge , which they were not long able to indure , but finding a gap in an hedge , got from him upon the spurre as fast as they could , to the rest of their broken troops , and so at last joyned with their foot that stood by the ordinance . and now on both sides the horse were gathered to their own foot , and so stood together both horse and foot , one against another , till it was night . the parliament army being wholly possessed of the ground which their enemies had chosen to fight upon , stood upon it all night , and in the morning returned to a warmer place neere keynton , where they had quartered the night before ; for they were much pinched with cold , and the whole army in extreme want of victuals . the kings army had withdrawne to the top of the hill , for their more security , where they made great fires all the night long . about nine of the clock the next morning the parliament army drew out againe into battalia , and so stood about three houres , untill the other army was quite gone from the hill , and then they withdrew themselves into their quarter towards keynton , and to their other brigado , artillery , and ammunition , which being commanded by colonell hambden and colonell grantham ( as aforesaid ) was now come to keynton , and lodged there . the king had drawne out his horse upon the further side of the hill , where he stayed till toward night , whilest his foot were retiring behinde the hill , and marching away . a little before night , his horse also withdrew themselves ; and about an houre after , the parliament horse marched quite away , and went with the rest of the army to warwick to refresh themselves . that going to warwick was thought by a noble gentleman of the parliament side to be ill designed , for ( saith he ) had the army , instead of going to warwick , marched toward banbury , we should have found more victuals , and had , in probability , dispersed all the foot of the kings army , taken his canons and carriages , and sent his horse farther off , whereas now , because we did not follow them , though they quitted the field whereon they fought , and left their quarter before us , yet they began soone after to question who had the day . howsoever it were , true it is , that the king , no lesse then the parliament , pretended to be victorious in that battell ; and so farre ascribed the victory to his owne side , that a prayer of thanksgiving to god was made at oxford for it . a thanksgiving was also on the parliament side for the victory of that day . and it is certaine , that there were many markes of victory on both armies , colours and canon were taken on both sides , without any great difference of the number of them and though in speeches made afterwards by either party , and bookes printed , there is no consent at all concerning the number of men slain , but so great a discrepancy , as it is almost a shame to insert into an history ; yet surely by the best account there were more slaine on the kings side , then on the other ; those of quality that were lost on both parties , were of the kings , the earle of lindsey , lord generall of his army , the lord aubigny , brother to the duke of lenox , sir edward varney standard-bearer , colonell sir edmund monroy , a scottish gentleman , and colonell lunsford his brother , with other gentlemen and commanders , besides common souldiers , whose number ( as is before said ) would not be agreed upon ; yet i have heard , that the country people thereabouts , by burying of the naked bodies , found the number to be about six thousand that fell on both sides , besides those which died afterwards of their wounds . there were taken prisoners of the kings side , the lord willoughby , sonne and heire to the earle of lindsey , colonell vavasor , colonell lunsford , sir edward stradling , with others of lesse note ; a george , the badge of a knight of the garter , was found in the field by a common souldier ( besides that which the lord generall lindsey wore , and had about his neck when he was slaine ) and bought of him by a captaine , which was sent up to the parliament , there viewed , and restored againe to the captaine . on the parliament side were slaine onely these of marke and quality , the lord st. john , eldest sonne to the earle of bullenbrooke , colonell charles essex , and lieutenant colonell ramsey , and none of any great note taken prisoners . the battell was fought with great courage on both sides , both by the generals and other commanders , besides some particular regiments of souldiers , who were observed to performe their parts with great courage and bravery , such as colonell hollis his regiment of redcoats , and others , too many to be all named in a short discourse . it could not but fall into the observation of many men , that the yeare before , upon the same day of the moneth , namely , the . of october , that this famous battell of keynton was fought , the bloody rebellion of the irish broke out , with that inhumane massacre of the english protestants in that kingdom , where the english by their owne losse and bleeding , were sadly put in minde , that they had too long deferred the revenge of their butchered brethren in ireland . it was likewise observed by many men of the parliament side ( who seemed to make no question but that the victory was on their side , as a further blessing of god to the protestant cause ) that on the very same day that this battell was wonne in england , the sweads obtained a very great and notable victory against the imperialists , and those of the roman religion in germany . but the king , supposing himselfe victorious at keynton●ield ●ield , immediately published a declaration , to all his loving subjects ( for so it is stiled ) after his victory against the rebels . wherein , though the expostulation be very bitter , yet he indeavoureth that it should not seeme to be made against the parliament it selfe , but against some of them , whom he termeth malignant , malicious , with such like epithites , as have laboured to lay aspersions upon him of things , whereof he professeth himselfe altogether innocent . those aspersions he makes of two sorts , the first is , concerning his favouring of popery , and imploying papists in his army ; the second , of raising that army against the parliament . both which he labours to wipe off , with a recrimination against the parliament . for the first , after a great protestation of the truth of his religion , and his past , present , and future care for the better establishing of it in his dominions , with the extirpation of popery ; though he cannot but acknowledge , that some eminent men of that religion are armed in his service , which he thinks excusable in so gteat a necessity and danger as he was in ; yet he tells the parliament , that in their army there are more papists commanders and others then in his . for the second , that he leavyed his army against the parliament . he seemeth to hope , that none of his good subjects will beleeve it , unlesse they will beleeve , that a dozen or twenty factious and seditious persons be the high court of parliament , which consists of king , lords and commons . for the priviledges of parliament , he averres , that whosoever will not believe the raising of an army to kill their king ; to alter the government and lawes by extravagant votes of either or both houses ; to force the members to submit to their faction , and take away freedome of consultation from them , to be the priviledge , of parliament ; must confesse , that the army now raised by the king , is no lesse for the vindication and preservation of parliaments , then for his owne necessary defence . the king chargeth them likewise with uncharity , that they have indeavoured to raise an implacable hatred betweene the gentry and commonalty of the kingdome , by rendring all persons of honour odious to the common people under the stile of cavaliers ; and to perswade the people , that there was an intention by the commission of array , to take away a part of their estates from them . which he denyes , and concludes with protestations to the contrary . the parliament returned answer to this declaration , but not as being the kings ( according to their oft mentioned custome ) but comming from wicked and malicious contrivers of falshood and scandals , who ( say they ) to our unspeakable sorrowes , have gained so much power with his majesty , as to vent the same under the title of his owne royall name . for the first objection ; they do not affirme that the king favours popery himselfe , but justifie that things have been carried in the favour of it by some about him , according to the particular instances in many of their former declarations . they seeme to be amazed at the strange boldnesse of the contrivers of that declaration , in averring that there are more papists in their army , then in the kings ; whereas they cannot , or at least , do not name any one , which they desire may be done , if there be any such , that the parliament may know how to displace them . but the parliament in their answer name many of greatest ranke and quality of that religion in the kings army , who have raised him in some counties the most considerable forces which he hath ; and many commissions granted by himselfe to papists , acknowledged so . that it were sencelesse to thinke that any papists favoured the parliaments cause at all ; whereas it is certaine , that there are none of that religion , but are either openly or secretly assistant to that cause which the king hath taken . for the second objection ; that the kings forces are not leavyed against the parliament it selfe , but a few seditious persons . they thinke it an impossible thing , that twelve or twenty such persons ( as they are termed ) should have power to compell the rest of that body to s●bmit to their faction , and to have their freedome of consultation taken from them . the truth is ( say they ) not a few persons , but the parliament it selfe , is the thorne that lyes in these mens sides ; which heretofore , when it was wont to prick them , was with much ●ase , by a sudden dissolution , pulled out : but now that it is more deeply fastened by an act of continuance , they would force it out by the power of an army . that whosoever will read the speeches and declarations made upon the breaking up of all former parliaments , ever since the beginning of this kings reigne , will finde the pretences of those unjust dissolutions , to be grounded upon exceptions against particular members , under the name of a few factious and seditious persons ; so that the aspersing and wounding of the parliament thorow the sides of a few members , is no new invention . but ( say they ) those former declarations in the kings name , being groundlesse invectives , not against particular members , but against the votes and proceedings of both houses ; and declaring the earle of essex , generall of the forces raised by them , to be a traytor ; and that all those which assist him , thereby comprehending both houses of parliament , by whose command and authority he bears that place , to be rebels , and guilty of high treason , is argument sufficient ( no groundlesse accusation ) to prove the kings army to be raised against the parliament , or to take away the priviledges thereof . those priviledges of parliament , consisting in three things : . as they are a councell to advise . . a court to judge . . a representative body of the realme , to make , repeal , or alter lawes . these priviledges have ( say they ) during the sitting of this parliament , been all apparently broken , to the view of all men , by the kings wicked councell . their advice scarse at all hearkened unto by the king , but other counsels of unknowne persons preferred before them . for the second , as a court to judge ; the delinquents , so pronounced by the parliament , have bin p●o●ected by the king against them ; of which they give many particular instances . touching the third , for making laws ; they instance his refusall of many wholsome bils for church and state , besides the breaking of their priviledges , they produce some attempts utterly to subvert them , as the forementioned indeavour of bringing up the northerne army , to force conditions upon the parliament ; the kings letters and commands to members of both houses to attend him at yorke , leaving their true and legall station ; which when they obeyed , it was scandalously alleadged that they were driven away . for any violence intended to the kings person , as they utterly deny it , so they referre it to indifferent men to judge , by all their long sufferings , and humble petitions to him , to avoid those indangerings of his person . but for that imputation layed upon them , of an indeavour to raise an implacable malice and hatred between the gentry and commonalty of the kingdome ; they conceive it a charge of a strange nature , that they should indeavour to raise the hatred of the commonalty against themselves . for so it must follow , unlesse the contrivers of that declaration will deny the parliament to be gentlemen . but though we know ( say they ) well , there are too many of the gentry of this kingdome , who , to satisfie the lusts of their owne ambition , are content to sell their birth-right , to render themselves and their posterity to perpetuall slavery , and to submit themselves to any arbitrary and unlimited power of government , so they may for their owne time pertake of that power , to trample and insult over others ; yet we are certaine that there are many true hearted gentlemen , who are ready to lay downe their lives and fortunes ( and of late have given ample testimony thereof ) for maintenance of their lawes , liberties , and religion , with whom , and others of their resolution , we shall be ready to live and dye . lastly , they prove by particular instances , that in the kings commission of array , there is not onely an intention to take away part of mens estates , but that it hath been put into reall execution ; with many other things in justification of all their proceedings and declarations ; which may be read more at large in the records . this was the effect of that verball skirmish , which immediately followed the great and bloody battell of keynton . chap. ii. the parliament send to the king , concerning an accommodation . a fight at branford . another treaty with the king begun , and broken off . reading besieged by the lord generall essex , and surrendred to him . a conspiracy to betray bristoll . a treacherous plot against the parliament and city of london , discovered and prevented . at the famous battell of edgehill , the great cause of english liberty , ( with a vast expence of blood and treasure ) was tryed , but not decided , which did therefore prove unhappy , even to that side , which seemed victorious , the parliament army . for though the kings forces were much broken by it , yet his strength grew accidentally greater , and more formidable then before ; to whom it proved a kinde of victory , not to be easily or totally overthrowne . for the greatest gentlemen of divers counties began then to consider of the king , as one that in possibility might prove a conquerour against the parliament ; and many of them , who before as neuters had stood at gaze , in hope that one quick blow might cleare the doubt , and save them the danger of declaring themselves , came now in , and readily adhered to that side , where there seemed to be least feares , and greatest hopes , which was the kings party ; for on the parliament side the incouragements were onely publike , and nothing promised but the free injoyment of their native liberty ; no particular honours , preferments , or estates of enemies ; and on the other side , no such totall ruine could be threatned from a victorious parliament , being a body as it were of themselves , as from an incensed prince , and such hungry followers , as usually go along with princes in those waies . and how much private interest will oversway publike nations , books of history , rather then philosophy , will truly informe you ; for concerning humane actions and dispositions , there is nothing under the sunne which is absolutely new . looke upon the discourse of one historian in that subject , dion cassius , a writer of as little bias , in the opinion of all criticks , as any among the antients , when he relates the last warre about roman liberty , after which ( as himselfe speaks ) that people never againe looked back toward it . which was the warre of brutus and cassius against caesar and antony ; etsi ante hanc pugnam civilibus bellis , &c. although ( saith dion ) before this war they had many civill wars , yet in others they fought who should oppresse the roman liberty ; in this war , one side fought to vindicate liberty , the other to bring in tyranny , yet the side of tyranny prevailed , and drew most to it : of what quality they were , the same historian speaks also : the armies of brutus and cassius , that stood for liberty , consisted of the lower sort of people , and ex subditis romanorum , the other that stood for tyranny , consisted ( saith he ) ex romanis nobilibus , & fortibus . brutus and cassius , two chiefe souldiers , before the battell making orations , incouraged them to fight for their ancient freedome , and roman laws . caesar and antony promised to their souldiers the estates of their enemies , et imperium in omnes gentiles suos , and power to rule over their owne countrymen ; which proved , it seemes , better oratory then the other , and more perswasive . brutus and cassius delayed the battell , as loath to waste so much blood , if by any other stratagem they might have subdued ; because they were ( saith dion ) good men , and pittyed their countrymen , loving the safety , and striving for the liberty even of those men , who fought against them , to overthrow that liberty ; yet that delay proved ill , and many noblemen in that time forsooke them , and turned to the other side , whither their private hopes or feares led them . whether the parrallel will in some measure fit this occasion or not , i leave it to the reader , and returne to the narration . the earle of essex , the next day after keynton battell , marched with his army toward warwick , to which towne he arrived safe , disposing of the prisoners , waggons , and ordnance , which he had taken , into that castle , with resolution after some short refreshment of his men there , to march neerer to the king : but the king returned toward oxford , seizing by the way upon banbury , from whence he tooke . armes , and turned out the parliament souldiers that were quartered there . his army , consisting especially of horse , was divided into severall bodyes , and prince rupert with part of it , visited the towns neere adjacent , as abingdon , henley , and other places ; from whence he returned with great booty . within few daies he made a neerer approach toward london , but with a flying army , resting in no place , sometimes as farre as stanes and egham , which made the city of london carefull to provide for their safety against sudden incursions , and send forces to possesse and fortifie windsor castle . in the meane time , to secure london , and free those parts from greater feares , the earle of essex had marched with his army neerer to that city , and on the seventh day of november came himselfe to westminster ( his army being billitted about acton , and other neere places ) and was welcomed by both houses of parliament , who presented him with a gift of l. as an acknowledgement of their thanks , in behalfe of the kingdome , for his care , paines , and valour , in the actions already passed . but before the earle of essex departed from london , another bloody tragedy was acted , and the scene no farther then brainford , about eight miles distance , the king himselfe being there , or not farre off in person . the manner and occasion of it shall be in briefe related . the parliament expressing great griefe for this unnaturall warre and bloodshed , that this indangered kingdome might be saved from ruine , and the better meanes made to recover ireland , had agreed upon a petition for accommodation , to be presented to the king , then at colebrooke , by the earles of northumberland and pembrooke , with foure commons , the lord wainman , master perpoint , sir john evelin , and sir john ipsley ; sir peter killigrew was sent before to procure a safe conduct . but the king refused to admit of sir john evelyn , because he was one whom himselfe had named traytor the day before . which exception of the kings was extremely distasted by the parliament ; yet so great was their desire of accommodation , that although this excepting of sir john evelin , were voted by them a breach of priviledge , and a flat denyall from the king , the petition was sent by the five forenamed lords and gentlemen , sir john evelin being very willing to be left out . the king being then at colebrooke , fifteene miles distant , seemed to receive the petition with great willingnesse , and returned them a faire answer , calling god to witnesse in many protestations , that he was tenderly compassionate of his bleeding people , and more desirous of nothing , then a speedy peace ; to which purpose he was most willing , at any place where he should reside , not farre from london , to receive such propositions of peace as they should send , and to treat with them . as soone as the parliament lords returned with this answer , the kings artillery ( according to all relations ) advanced forwards with divers troops of horse , thorow that towne of colebrooke , after them towards london ; and taking advantage of a great mist which happened that friday night , they marched to brainford , and fell upon the parliament forces which were there quartered , which were a broken regiment of colonell hollis , but stout men , who had before done great service . of them the kings forces killed many , and had quite destroyed all in probability , if the lord brooks , and colonell ham●dens regiments , billitted not farre off , had not made haste to their reliefe , who comming in , maintained a great and bloody fight against the kings forces , where many were slaine on both sides , and many taken prisoners ; both parties , as before it happened at keynton battell , esteeming themselves conquerors , and so reporting afterwards . the newes of this unexpected fight was soone brought to london , whither also the noise of the great artillery was easily heard . the lord generall essex , then sitting at westminster , in the house of peeres , tooke horse immediately , and with what strength he could call together on such a sudden , came in to the rescue of his ingaged regiments ; but night had parted them , and the king was retired to his best advantages ; all that night the city of london powred out men toward brainford , who every houre marched thither , and all the lords and gentlemen that belonged to the army , were there ready on the sunday morning , being the . of november , a force great enough to have swallowed up a farre greater army then the king had . besides , the kings forces were encompassed on every side ; insomuch as great hope was conceived by most men , that the period of this sad warre was now come . but god was not yet appeased toward this nation ; a fatall doore was opened to let out the inclosed king : three thousand of the parliament souldiers were then at kingstone upon thames , a towne about ten miles distant from the city ; which souldiers were all ( as it happened ) commanded to leave that towne , and march thorow surrey , with what speed they could , and over london bridge , so thorow the city toward brainford , to prevent the enemies passage to london . the reason of that command was afterward given , for that the lord generall was not assured of strength enough to stop the enemy from london , nor could before hand be assured of so great an army , as came thither before morning . but this was the event of it ; and thorow kingstone thus abandoned the king retreated ; and leaving some troops to face his enemies , brought all his foot and artillery over that bridge , which drawing up afterward , he had time enough securely to plunder many places of that country , and retire safely to oxford , where he intended to take up his winter quarters . the parliament , upon this action of the king , began to be out of hope of doing any good by treaties , resolving that the lord generall , with all speed that might be , should pursue the kings forces , and fall upon them about oxford and reading , for newes was daily brought them how active his parties were under the conduct of prince rupert and others , in plundering all the places thereabouts . and the city of london , to incourage the parliament with a free tender of their service , framed a petition to them , to intreat them , that they would proceed no further in the businesse of accommodation , because evill counsell was so prevalent with the king ; that he would but delude them ; that they had heard his forces are weake , and that if his excellency would follow and fall upon them , and that no delayes be made for feare of forraigne forces comming over , the city , as heretofore ; would with all willingnesse spend their lives and fortunes to assist the parliament . the city was thanked for their petition and protestation , and the lord generall moved by the parliament to advance , who , though the season of the yeare were not very fit for so great a body to march , was very desirous to obey their commands . the best way was thought to divide his army , and send severall parties to severall places , to restraine the enemies from annoying the countries , as to buckingham , marlow , reading , and other parts , untill himselfe with his whole force could be well accommodated to march from windsor ( where he lay that winter ) toward the king. but it so fell out , either by reason of ill weather at some times , and at other for want of money or fit accommodation , that the generall himselfe , with his maine army , marched not forth untill the spring , whose first businesse was to lay siege to reading , which was fortified by the kings forces , and maintained by a garrison of . souldiers , and . peece of ordnance ; before which towne he sate downe upon the five and twentieth day of april , . with an army of about . foot , and . horse . now ( leaving the lord generall before reading with his army ) in the meane time we will shew one maine reason why he did no sooner advance ; the expectation of another treaty , which the parliament had desired to have with the king , for setling of the kingdomes peace , which proved fruitlesse , in debate lasted a long time . propositions were drawne up by the parliament , and sent to oxford on the . of ianuary , . by foure lords and eight commoners , the earles of northumberland , pembrooke , sarum , and holland , lord wainman , lord dungaruan , sir john holland , sir william litton , master perpoint , master waller , master whitlock , master winhood ; the propositions were : . that the king would passe those bils which the houses had made ready . . to passe a bill for setling parliament priviledges and liberties . . for bringing to tryall those delinquents whom the houses had impeached since ianuary last . . for clearing the six members before mentioned . . for restoring all judges and officers of state lately removed . . to passe a bill for re-paying the charge of the kingdome . . a bill for an act of oblivion . . an act for a generall pardon without exception . . that there may be a cessation of armes for fourteene daies , to agree upon these propositions . the king not liking , nor yet utterly refusing these propositions , sent the commissioners home to their parliament , within a weeke after they came , to carry six propositions from him to the houses ; which were : . that his revenue , magazines , townes , forts , and ships , may be delivered to him . . that all orders and ordinances of parliament wanting his assent , may be recalled . . that all power exercised over his subjects by assessements , and imprisoning their persons , may be disclaimed . . that he will yeeld to the execution of the laws against papists , provided that the booke of common-prayer be confirmed . . that such persons as upon the treaty shall be excepted out of the generall pardon , shall be tryed by their pe●res onely . . that there be a cessation of armes during the treaty . the houses , upon receiving of these propositions , though at first it were the opinion of many , not to send any answer at all to them ; yet at last , to shew respect to the king , entred into a further debate about treating with him concerning the propositions on both sides , and concerning the cessation of arms , or disbanding ; with such limitations and restrictions touching the order of treating , as would perchance seeme too tedious to be here related ; and on the . of march the earle of northumberland , sir john holland , sir william armine , master perpoint , and master whitlock ( the lord say should have been one , but the king excepted against him , as formely against sir john evelin , upon the same ground , which though the parliament tooke ill at the first , yet they proceeded in the businesse ) were sent to oxford as treaters upon those propositions . in vaine was this treaty ; so high the demands were judged to be on both sides , that there seemed no possibility of ever meeting ; where the fault lay i judge not ; but the parliament , after many messages betweene london and oxford , at last sent for their commissioners home againe ; who returned to london upon the . of april ; upon which the lord generall immediately advanced with his army ( as aforesaid ) to besiege reading . reading was not able to hold out long , but the lord generall was loath to storme it for feare of destroying so many innocent people as remained in the towne ; which compassion of his was well approved of by the parliament ; therefore upon composition it was rendred within sixteene daies to his excellency , by the deputy governour colonell fielding , for the governour sir arthur aston , was before wounded by an accident , and could not performe the office : the termes were easie , for they all marched out with bagge and baggage . this siege had not at all advantaged the parliament , if another businesse had not fallen out during that short siege ; which may also be thought a reason , why the towne was so soone rendred . a good body of the kings forces , both horse and foot ( the king himselfe in person not farre from them ) came to relieve reading , assaulting one quarter of the parliament army at causum bridge , within a mile of the towne , and were beaten back with great slaughter , which fell especially upon gentlemen of quality , of whom the king at that incounter lost a considerable number ; but how many they were , or their particular names , i finde not mentioned . the gaining of reading might seeme an addition of strength to the parliament side ; it proved otherwise : nothing was gotten but a bare towne , which had been happier , had it been onely so : the towne was infected , and caused afterwards a great mortality in the parliament army . the souldiers besides were discontented , that being already much behinde in pay , they were not suffered to plunder , or make any benefit of their victory . for the parliament , before reading was delivered up , had approved of the conditions , and promised to the lord generals souldiers , to forbeare plundering , twelve shillings a man , besides their pay . but neither of these were then performed ; money began already to be wanting , and the great magazine of treasure in guild-hall quite consumed . while they stayed there , expecting money , the sicknesse and mortality daily increased , and the lord generall , by advice of his councell of war , intended to march thence for better ayre . but such a generall mutiny was raised for want of mone , that his excellency , though with much courage and just severity he began to suppresse it , was advised by his councell of warre to desist , for feare of a generall defection , till money might come from the city . notwithstanding upon this discontent in the army , whilest his excellency removed to causum house , to avoid the infection , many of the souldiers disbanded , and went away . then began a tide of misfortune to flow in upon the parliament side ; and their strength almost in every place to decrease at one time ; for during the time of these six mo●eths , since the battell of keynton , untill this present distresse of the lord generals army about causum , which was about the beginning of may , the warre had gone on with great sury and heat , almost thorow every part of england ; the particulars of which shall hereafter be related by themselves , to avoid confusion in the story : the lord generall had at that time intelligence that sir ralph hopton had given a great defeat to the parliament forces of devonshire ; and that prince maurice , and marquesse hartford were designed that way , to possesse themselves wholly of the west . leaving therefore the lord generall a while , i shall proceed to speak of some things which happened at other places in that moneth of may. the kings armies were then in faire possibility of gaining the whole west ; and seemed of strength enough to archieve it by open warre , without the assistance of secret treacheries and conspiracies ; which notwithstanding were then in agitation , though they proved not successefull against the parliament , but destructive to the contrivers . as at bristoll , a place of great import , and much desired by the kings forces , when the plot of betraying that city to prince rupert , was set on foot ; which i here relate , as falling out about the beginning of may , . the city of bristoll was then in the parliaments protection , and governed by colonell nathaniel fiennes , second sonne to the viscount say and seale , though many of the inhabitants there , as appeared by this designe , were dis-affected to the parliaments side . this designe was very bloody , and many of that city had perished in it , had not the conspirators been discovered and apprehended a little before they were to put it in execution . robert yeomans , late sheriffe of bristoll , william yeomans his brother , george bourchier , and edward dacres , were the chiefe managers of this designe ; who , with many others of that opinion , had secretly provided themselves of armes , intending to kill the centinels by night , and possesse the maine guard , ( with other particulars , to be found in the records of their examinations , and proofes against them ) whereby to master the greatest part of the other side within the towne , to kill the mayor , and many others that were knowne to stand affected to the parliament ; and by that meanes to betray the city to the kings forces . in expectation of which act , prince rupert with other commanders , and about horse , and foot , stayed upon durdam downes , about two miles from the city . but the plot was discovered , the conspirators apprehended , and brought to triall by a councell of warre , where the foure forenamed were condemned , and two of them hanged at bristoll , namely , robert yeomans , and george bourchier ; although great meanes had been made to save them , and colonell fiennes to that purpose had been threatned from oxford , by generall riven ( created by the king earle of forth ) in a letter unto him ; which being of great consequence , for the cleare understanding of this war , and the nature of it , i thought fit to insert here , together with the answer thereunto . patrick earle of forth , lord etterick , and lord lieutenant of all his majesties forces . i having been informed , that lately at a councell of warre you have condemned to death robert yeomans , late sheriffe of bristoll , who hath his majesties commission for raising a regiment for his service , william yeomans his brothers , george bourchier , and edward dacres , all for expressing their loyalty to his majesty , and indeavouring his service , according to their allegiance ; and that you intend to proceed speedily against divers others in the like manner : do therefore signifie to you , that i intend speedily to put master george , master stevens , captaine huntley , and others , taken in rebellion against his majesty at cicester , into the same condition . i do further advise you , that if you offer by that unjust iudgement , to execute any of them you have so condemned ; that those here in custody , master george , master stevens , and captaine huntley , must expect no favour or mercy . given under my hand at oxford , this . of may. . to the commander in forth . chiefe of the councell of warre in bristoll . the answer to this letter was as followeth : nathaniel fiennes governour , and the councell of war in the city of bristoll . having received a writing from your lordship , wherein it is declared , that upon information of our late proceedings against robert yeomans , william yeomans , and others , you intend speedily to put master george , master stevens , captaine huntley , and others into the same condition ; we care well assured , that neither your lordship , nor any other mortall man , can put them into the same condition ; for whether they live or dye , they will alwaies be accounted true and honest men , faithfull to their king and country , and such as in a faire and open way have alwaies prosecuted that cause , which in their judgement , guided by the judgement of the highest court , they held the justest ; whereas the conspirators of this city , must both in life and death , carry perpetually with them the brand of treachery and conspiracy : and if robert yeomans had made use of his commission in an open way , he should be put into no worse condition , then others in the like kinde had been ; but the law of nature among all men , and the law of armes among souldiers make a difference betweene open enemies , and secret spyes and conspirators . and if you shall not make the like distinction , we do signifie unto you , that we will not onely proceed to the execution of the persons already condemned , but also of divers others of the conspirators , unto whom we had some thoughts of extending mercy . and do further advertise you , that if by any inhumane and un-souldier-like sentence , you shall proceed to the execution of the persons by you named , or any other of our friends in your custody , that have been taken in a faire and open way of war ; then sir walter pye , sir william crofts , and colonell connebey , with divers others taken in open rebellion , and actuall war against the king and kingdom , whom we have here in custody , must expect no favour or mercy . and by gods blessing upon our most just cause , we have powers enough , for our friends security , without taking in any that have gotten out of our reach and power , although divers of yours , of no mean quality and condition , have bin released by us . given under our hand the of may , . to patrick earle of forth , lord lieut. generall . nathaniel fiennes , president , clement walker , &c. the king also at that time writ a very sharpe command to the mayor and citizens of bristoll , to raise what power they could to hinder the execution of those men , which he termes the murder of his loyall subjects : but nothing availed to save their lives , for the forenamed robert yeomans , and george bourchier , according to the sentence , were both executed . the losse of bristoll from the parliament , a place of great import , was thus by the detection and prevention of this conspiracy , respited for a while onely . for not long after it was surrendred to prince rupert , and happier it was for the prince himselfe , to gaine that city in a more honourable way , and lesse effusion of english blood . at the same time that these conspirators against bristoll were by sentence of a councell of warre put to death ; another plot of higher nature , and more full of horrour , was detected at london ; a plot , which if not discovered , had quite ruined the parliament it selfe , and strooke at the very head , and chiefe residence of it , the cities of london and westminster ; which cannot be omitted in this relation , though with as much brevity as can be possible , it shall be touched . the scope of it was to have put in execution the commission of array within london and westminster , and so to have raised a sufficient force for the kings side to ruine the parliament . many citizens of london were in the plot , together with some gentlemen besides , who had taken an oath of secrecy among themselves ; and were the more animated in it , upon promises ; which master waller , the chiefe man in eminence among them ( a member of the house of commons ) had made to some of the rest , that many members of both houses of parliament were ingaged in the plot , and would in due time be assistants to it . though it proved in conclusion , that master waller was not able to make good so much as he had promised . the plot was horrid , and could not possibly have been put in execution , without great effusion of blood , as must needs appeare by the particular branches of it , which were confessed upon the examinations of master waller , master tomkins , master challenor , master hasell master blinkhorne , master white , and others the chiefe actors in it . that which appeared by the narrative declaration , published by authority of parliament , was to this effect : that . they should seize into their custody the kings children . . to seize upon severall members of both houses of parliament , upon the lord mayor of london , and the committee of the militia there , under pretence of bringing them to legall tryall . . to seize upon all the cities out-works and forts , upon the tower of london , and all the magazines , gates , and other places of importance in the city . . to let in the kings forces , to surprize the city with their assistance ; and to destroy all those , who should by authority of parliament , be their opposers ; and by force of armes to resist all payments imposed by the authority of both houses , for support of those armies imployed in their defence . many other particulars there were , too tedious to relate at large , as what signals should have been given to the kings forces of horse , to invade the city ; what colours for difference , those of the plot should weare , to be knowne to their fellowes , and such like . much heartened they were in this businesse by a commission of array sent from oxford at that time , from the king to them , and brought secretly to london by a lady , the lady aubigny , daughter to the earle of suffolke , a widow ever since the battell of keynton ; where the lord aubigny her husband was slaine . that commission of array was directed from the king to sir nicholas crispe , sir george stroud knights , to sir thomas gardiner knight , recorder of london , sir george binion , knight , richard edes , and marmaduke royden esquires , thomas browne , peter paggon , charles gennings , edward carleton , robert abbot , andrew king , william white , steven bolton , robert aldem , edmund foster , thomas blinkhorne , of london gentlemen ; and to all such other persons , as according to the true intent and purport of that commission , should be nominated and appointed to be generals , colonels , lieutenant colonels , serjeant majors , or other officers of that councell of warre . the commission it selfe is to be read at large in the parliament records . but this conspiracy was prevented , and proved fatall to some of the contrivers ; being detected upon the last day of may ( which happened at that time to be the day of the monethly fast ) and master waller , master tomkins , with other of the forenamed conspirators , being apprehended , were that night examined by divers grave members of the parliament , of whom master pym was one ; and afterwards reserved in custody for a tryall . they were arraigned in guild-hall , and master waller , master tomkins , master challoner , master hasell , master white , and master blinkhorne , were all condemned ; none were executed but master tomkins , and master challoner , being both hanged , master tomkins in holborne , and master challoner in cornhill , both within sight of their own dwelling houses ; master hasell dyed in prison , blinkhorne , and the other , were by the mercy of the parliament , and the lord generall essex , reprived , and saved afterwards ; master waller , the chiefe of them , was long detained prisoner in the tower , and about a yeare after , upon payment of a fine of ten thousand pounds , was pardoned , and released to go travell abroad . it was much wondered at , and accordingly discoursed of by many at that time , what the reason should be , why master waller , being the principall agent in that conspiracy , ( where master tomkins and master challoner , who had been drawne in by him , as their own confessions , even at their deaths expressed , were both executed ) did escape with life . the onely reason which i could ever heare given for it , was , that master waller had been so free in his confessions at the first , without which the plot could not have been clearly detected ; that master pym , and other of the examiners , had ingaged their promise , to do whatever they could to preserve his life . he seemed also much smitten in conscience , and desired the comfort of godly minister , being extremely penitent for that soule offence ; and afterwards in his speech to the house ( when he came to be put out of it ) much be wailed his offence , thanking god that so mischievous , and bloody a conspiracy was discovered , before it could take effect . chap. iii. matters of state trans-acted in parliament , touching the assembly of divines . the making of a new great seale . impeaching the queene of high treason , and other things . the lord generall essex , after some marches , returneth to quarter his wasted and sick army about kingston . the kings forces masters of the west . the earl of newcastle , his greatnesse in the north. some mention of the earle of cumberland , and the lord fairfax . at the same time that these conspiracies were closely working to undermine the parliament , and warre was raging in highest fury throughout the kingdome ; many state-businesses of an unusuall nature had been trans-acted in the parliament sitting . for things were growne beyond any president of former ages , and the very foundations of government were shaken ; according to the sense of that vote , which the lords and commons had passed a yeare before , that whensoever the king maketh warre against the parliament , it tendeth to the dissolution of this government . three things of that unusuall nature fell into debate in one moneth , which was may , . and were then , or soone after fully passed ; one was at the beginning of that moneth , concerning the assembly of divines at westminster . among other bils which had passed both houses , and wanted onely the royall assent , that was one ; that a synod of divines should be chosen and established , for the good and right settlement of religion , with a fit government for the church of england . this bill was oft tendred to the king to passe , but utterly refused by him : the matter therefore was fully argued , what in such cases might be done by authority of parliament , when the kingdomes good is so much concerned , when a king refuseth , and wholly absenteth himselfe from the parliament . and at last it was brought to this conclusion ; that an ordinance of parliament , where the king is so absent , and refusing , is by the lawes of the land of as good authority to binde the people , for the time present , as an act of parliament it selfe can be . it was therefore voted by the lords and commons , that the act for an assembly of divines , to settle religion , and a forme of government for the church of england , ( which the king had oft refused to passe ) should forthwith be turned into an ordinance of parliament ; and the assembly thereby called , debate such things for the settlement of religion , as should be propounded to them by both houses ; which not long after was accordingly put in execution . the case seemed of the same nature with that of scotland , in the yeare . when the scottish covenanters ( as is before mentioned in this history ) upon the kings delay in calling their nationall synod , published a writing to that purpose ; that the power of calling a synod , in case the prince be an enemy to the truth , or negligent in promoting the churches good , is in the church it selfe . in the same moneth , and within few daies after , another businesse of great consequence , was by the lords and commons taken into consideration , which was the making of a new great seale , to supply the place of that which had been carried away from the parliament , as before is mentioned . this businesse had been fully debated in the house of commons , and the moneth following , at a conference between both houses , the commons declared to the lords what great prejudice the parliament and whole kingdome suffered by the absence of the great seale ; and thereupon desired their speedy compliance in votes for the making of a new one . the matter was debated in the house of peeres , put to votes , and carried for the negative . the onely reason which they alleadged against the making of a new seale ; was this , that they have hitherto dispatched all business since the absence of the seale , by vertue of ordinances of parliament , and they conceived that the same course might still be kept in what matters soever were necessary to be expedited for the good of the kingdome , without a seale . yet the lords gave a respective answer , that if the house of commons would informe them in any particular cases , wherein the kingdomes prejudice , by absence of the great seale , could not be remedied by vertue of an ordinance , they would take it into further consideration , to induce complyance accordingly . neither was it long before the lords , upon reasons shewed , concurred with the house of commons ; who about the beginning of iuly , presented to the lords at a conference the votes , which had before passed in their house , together with the reasons for making of a new great seale . the votes were these : resolved upon the question . june . & . . that the great seale of england ought to attend the parliament . . that the absence of it hath been a cause of great mischiefe to the common-wealth . . that a remedy ought to be provided for these mischiefs . . that the proper remedy is by making a new great sale. the reasons which they gave , were divided into two branches ; the first declaring those mischiefes which were occasioned by conveying away the great seale from the parliament : the second expressing those inconveniences and mischiefes which proceeded from the want of the great seale with them . the reasons of the first kinde were thus : . it was secretly and unlawfully carried away by the lord keeper , contrary to the duty of his place , who ought himselfe to have attended the parliament , and not to have departed without leave ; nor should have been suffered to convey away the great seale , if his intentions had been discovered . . it hath been since taken away from him , and put into the hands of other dangerous and ill-affected persons ; so as the lord keeper , being sent unto by the parliament , for the sealing of some writs , returned answer , that he could not seale the same , because he had not the seale in his keeping . . those who have had the managing thereof , have imployed it to the hurt and destruction of the kingdome many waies ; as by making new sheriffes in an unusuall and unlawfull manner , to be as so many generals , or commanders , of forces raised against the parliament ; by issuing out illegall commissions of array , with other unlawfull commissions for the same purpose ; by sending sorth proclamations against both houses of parliament , and severall members thereof , proclaiming them traytors , against the priviledges of parliament , and laws of the land , by sealing commission of oyer and terminer to proceed against them , and other of his majesties good subjects , adhering to the parliament , as traytors ; by sending commissions into ireland , to treat a peace with the rebels there , contrary to an act of parliament , made this session . besides divers other dangerous acts passed under it , since it was secretly conveyed away from the parliament ; whereby great calamities and mischiefes have ensued , to the prejudice of the kingdome . mischiefes arising through want of the great seale . . the termes have been adjourned ; the course of justice obstructed . . no originall writs can be sued forth without going to oxford ; which none who holds with the parliament can do , without perill of his life or liberty . . proclamations in parliament cannot issue out , for bringing in delinquents impeached of high treason or other crimes ; under paine of forfeiting their estates , according to the ancient course . . no writs of errour can be brought in parliament , to reverse erroneous judgements ; nor writs of election sued out for chusing new members upon death , or removall of any ; whereby the number of the members is much lessened , and the houses in time like to be dissolved , if speedy supply be not had , contrary to the very act for continuance of this parliament . . every other court of justice hath a peculiar seale ; and the parliament , the supreme court of england , hath no other but the great seale of england ; which being kept away from it , hath now no seale at all ; and therefore a new seale ought to be made . . this seale is clavis regni , and therefore ought to be resident with the parliament ( which is the representative body of the whole kingdome ) whilest it continues sitting ; the king , as well as the kingdom , being alwaies legally present in it , during the session thereof . the lords upon these reasons concurred with the house of commons , and order was given , that a new great seale , should forthwith be made , which was accordingly done . it should seeme the king was not well pleased with this action of the parliament , as appeared by what was done at oxford above a yeare after , when the king assembled together the lords which were with him , and all those gentlemen that had been members of the house of commons , and had deserted the parliament at westminster , whom the king called his parliament at oxford , and propounded many things for them to debate upon ; amongst which it was taken into debate , and resolved upon the question by that assembly at oxford , that this very action ( which they stile counterfeiting the great seale ) was treason , and the whole parliament at westminster , eo facto , guilty of high treason . but this was passed at oxford long after ; of which occasion may be to speak further hereafter . but at the time when the parliament made their new great seale , the people stood at gaze , and many wondered what might be the consequence of so unusuall a thing . some that wholly adhered to the parliament , and liked well , that an action so convenient and usefull to the present state , was done by them , looked notwithstanding upon it , as a sad marke of the kingdomes distraction , and a signe how irreconcileable the difference might grow betweene the parliament and the kings person . for the legality or justnesse of making of the seale , there was little dispute or argument among those who were not disaffected to the parliament ; and though there were no direct or plaine precedent for it ( for the case of a kings being personally in warre against the parliament sitting , was never before ) yet by comparison with other times , when the necessities of state have required such a thing , it was not onely allowed , but thought requisite . i do not know of any thing written against it by any lawyers , or other of the kings party ; but master prynne , a learned lawyer , and great antiquary , of the parliament side , hath written a copious discourse in justification of it , both by arguments of reason , and many neere-resembling precedents of former times ) called , the opening of the great seale of england , which is extant to be read by any that would be satisfied , what power from time to time parliaments have challenged and been allowed , over that seale , both in making of it in the infancy or absence of princes , and disposing of it in the dotage or wilfulnesse of others . but before this businesse was fully concluded , another thing , which seemed as great a signe how wide the rent was growne , fell into debate in the house of commons : some time was spent in consultation about it , and much arguing on both sides . the matter was about charging the queene of high treason . to that purpose many articles of an high nature were drawne up against her ; some of them were , that she had pawned the crowne jewels in holland ; that she had raised the rebellion in ireland ; that she had indeavoured to raise a party in scotland against the parliament ; that she had gone in the head of a popish army in england : for not long before this time , the queene with armes and ammunition from the low-countries , and commanders of warre from thence , had landed in the north of england , been entertained there by the earle of newcastle , and by him and others , with strong forces conveyed to the king at oxford , whereof more particulars will be related hereafter . divers other articles were framed against the queene , upon which within few moneths after , she was impeached of high treason by the house of commons , and the impeachment carried up by master pymme to the house of peeres , where it stuck for many moneths , but was afterward passed there also ; and may be further discoursed of in the due time . it had been likewise before ordered by both houses , and was now accordingly put in execution , that the king and queenes revenue comming into the exchequer , should be detained , and imployed to the publike service of the common-wealth ; a committee was chosen of lords and commons to dispose of it to the best uses . divers necessary charges of the state were defrayed by it , and among others ( which seemed a kinde of just retalliation ) many members of both houses of parliament , whose whole estates had been seized upon by the kings armies , were in some measure relieved at london , out of his revenue , and thereby enabled to subsist in that publike service , to which they had beene called . but so exceeding great by this time , were the charges growne for supportation of so spreading a warre , that no contributions nor taxes whatsoever , were thought sufficient , unlesse an excize were imposed upon commodities ( according to the way of the netherlanders ) such as beere , wine , tobacco , and meat ; which was taken into consideration by both houses , and this summer agreed upon . but the excize was layed with much gentlenesse , especially upon all victuals of most common and necessary use , insomuch that it was little felt either by the rich , or poore people , and yet amounted monethly to a very considerable summe , though the kings quarters were then the greatest part of england ; for the city of london was within the parliament quarters . to returne againe to the lord generall essex ; his excellency in may , . having , as aforesaid , received intelligence of the defeat given to the parliament army in the west , and in what condition things there stood ; not being able with his owne forces to give them reliefe , sent order to sir william waller ( whose actions shall be anon mentioned in a series by themselves ) to march thither in assistance of the devonshire forces ; and writ his command to the governour of bristoll , to aid him with such horse and foot , as he could conveniently spare out of his garrison . but things could not at that time be put in execution according to his desires ; and before sir william waller could get farre into the west , prince maurice , marquesse hartford , and sir ralph hopton were joyned all together . the lord generall , since it was much desired by the city of london , from whom the supplies of money were to come , that he should move with his whole army towards oxford , was content , though somewhat against his judgement , to proceed in that designe ; and marched with the maine body to thame , to meet there with the forces sent from the associated counties to his assistance ; from whence ( as a person , whose care and command extended over the whole kingdome , which was now overspread with a generall warre , and wasted by many armies at once ) he granted a commission , by direction of the parliament , to the lord fielding , ( now earle of denbigh by the late death of his father , who was slaine in a skirmish , fighting against the parliament ) to be generall of foure counties , shropshire , worcester , stafford , and warwick-shire ; to leavy forces there , and conduct them into any part of the kingdome , against the kings power , according to directions from the parliament , or lord generall . he granted also at the same time another commission in the like manner to sir thomas middleton , to raise forces as generall of all north wales . at thame the hand of god , in an extreme increase of sicknesse ( hundreds in a day desperately ill ) did visite the lord generals army ; and by strange unseasonablenesse of weather , and great raine continuing fourteene daies , the place being upon a flat , moist , and clayie ground , made it impossible for him to advance from that quarter . in which time the army was by sicknesse , and departure of most of the auxiliary forces , brought to a number utterly unable to attempt the former designe , without certaine ruine , the situation of oxford upon the river of thames considered ; for the lord generall conceived it impossible ( as himselfe expressed ) to block up the towne , without a double number to what he then had . but when the raine ceased , and the waters were so much abated , as to make the waies passable , intelligence was brought that prince rupert had drawne out his horse and foot toward buckingham , with his canon also ; and had called in the country , making open profession before them , that he would give battell to the generall : the generall marched with some speed toward buckingham , to fight with him . when he came within two miles of that towne , he found the case farre otherwise , and had intelligence that the prince had quitted buckingham in a kinde of disorderly manner ; that the night before , he had horsed his foot , and marched away , leaving some of his provisions behinde him . the lord generall understood well , that it was not possible for him with his traine of artillery and foot companies , to follow the enemy to any advantage . for if he had been at that time strong enough in horse , his desire was to have hindered prince rupert from joyning with the queene , who then was marching with a good convoy of horse from the northerne parts of england , ( where she had arrived from the netherlands ) toward oxford . but being not able to follow that designe , he desisted from his march to buckingham , sending into the town a party of his horse , to quarter there that night , and to bring away that provision which the enemy had left there . he himselfe , with the rest of his army , marched to great brickhill , a place most convenient to lye betweene the enemy and london , to defend the associated counties , to assist or joyne with the forces of the lord gray of grooby , sir john meldrum , and colonell cromwell , to whom he had before written , that if they could possibly , they should fight with the queens forces , and stop her passage to the king. but it seemed that the businesse could not be done ; that the queene and prince rupert were suffered to joyne together with all their forces . sir william waller had beene long victorious in the west , yet now the parliaments fortune , almost in every place , began to faile ; and intelligence was brought to the lord generall , that sir william having almost gained the whole west , and besieging sir ralph hopton in the devizes , a towne of devonshire , was on a sudden by unexpected forces from oxford , under the conduct of the lord wilmot , totally routed and forced into bristoll . the lord generall intending at the first report of this newes , to have marched himselfe for relieving of the west ; upon more particular information , that sir william wallers forces were so farre broken , that no assistance at all could be given by them , was inforced to desist from that enterprize ; considering also that his owne army was shrunke , through the continuall increase of violent sicknesse , want of pay , clothing , and other necessaries , to a most unconsiderable number , he resolved to proceed no further , nor to ingage that weake army to the ruine of it selfe , and danger of the kingdome ; especially since the forces of the associated counties could not with safety be commanded so farre from home . he therefore returned toward london , quartering that poore remainder of an army at kingston upon thames , and other places neere adjacent . in this distressed condition i must a while leave that great generall , untill some few weekes time shall recruit his power , and enable him to make that famous and honourable expedition to the reliefe of gloucester . so great at this time were the successes which in all parts crowned the kings armies , that they seemed to possesse an absolute victory , and the parliament in probability quite ruined ; on one side the lord generals army mouldered away by long sicknesse , and other wants ; the long successefull sir william waller , quite broken in the west ; and about the same time the lord fairfax , and his sonne sir thomas fairfax ( though reserved by divine providence for a transcendent height of honour in the future ) with all the gentlemen almost which served the parliament in those northerne parts , being defeated by the earle of newcastle ; and the lord fairfax , with his sonne , driven into the towne of hull : on the other side , the kings armies were full and strong ; sir ralph hopton , whom for his valour and industry the king had honoured with the title of a baron , was possessed of a gallant army in the west , and seemed to want nothing so much as a considerable enemy ; the kings other forces were free to chuse what stage they pleased , to act their parts upon . prince rupert was sent to besiege bristoll , where colonell nathaniel fiennes , second sonne to the viscount say , was governour ; which city in this low ebbe of the parliament , could not long hold out , but was soone delivered ●o the prince , a place of as much concernment as any in the kingdome . prince maurice with another army came to besiege the city of excester , into which the earle of stamford was retreated after his defeat at stretton in cornwall , a nobleman who had long strugled with various successe , and in sharpe encounters against sir ralph hopton , and other commanders of the kings side in those westerne counties , ruined at last by the treacherous revolt of some , who had taken the same cause with him at the first . this city was likewise after a long siege , for want of supplies , delivered upon articles to the prince that besieged it . but the great cloud , which not onely overshadowed the parliament in the north , but threatned to powre out stormes upon parts farre remote , was the earle of newcastle , with his mighty army , who was growne formidable to the associated counties , and many other places of the kingdome . his army was at that time the greatest of any in england , which he maintained in brave equipage , by large contributions inforced from the country , and seemed of strength enough , not onely to master any opposition of english forces , but to serve as a bulwarke against the greatest army which the kingdome of scotland could be able to send in aid of the english parliament . for the parliament had then sent into scotland , for the brotherly assistance of that kingdom , and agreed upon entring into a covenant with them for defence of religion , and the common liberty of both nations . it pleased the divine providence ( whose workings are many times beyond the reach of humane conjectures ) that this strong army , before the entrance of the scots , found an enemy in england worthy of their feare ; and were by the personall valour and successefull conduct of sir thomas fairfax , who seemed lately in a low condition , so farre broken ( together with other defeats given to parts of it sent abroad ) that the passage for the scots into england was much facilitated , as shall hereafter appeare in more particular . but it is worthy consideration ( and therefore cannot but deserve a mention ) with what unwearied constancy , and wondrous magnanimity , the two fairfaxes , father and sonne , did labour to preserve those northerne parts for the parliament , especially observing what great enemies they dealt withall ; how many unexpected disadvantages happened to them , and accessions of power to their foes at severall times ; which , though it cannot be here related with full circumstances or particulars , yet may be touched in a generall way . the lord fairfax , ever since that there was any appearance of this unhappy warre ; and that the kings commission of array began to justle with the parliaments ordinance of militia , had been very industrious in raising strength ; and joyned himselfe most unanimously in that cause with sir john hotham , and his sonne master john hotham , a member also of the house of commons , and a gentleman , not onely active but prosperous , whilest he continued faithfull to that side which he had chosen . and since the warre broke out into action , the lord fairfax , either singly by himselfe , or some times joyned with master hotham , had taken and fortified many townes and forts for the parliament , and made many sharpe and fierce encounters against potent enemies . the earle of cumberland , who was first made lord lieutenant of yorkeshire by the king , was not able to suppresse them , nor scarce maintaine the warre against that power which they had raised : maugre whose forces , they tooke and fortified cawood castle , and the towne of selby , in the moneth of october , . and surprised presently after the towne of leedes , where part of the earles forces were quartered , of whom they tooke divers prisoners , knights and gentlemen of good quality , one of which was sir george detherick , together with his whole troope . the earle of cumberland himselfe , within few daies after was driven into the city of yorke , and there besieged , and summoned by the lord fairfax and master hotham ; which happened about the same time that the famous battell between the king and the lord generall essex , was fought at keynton . but the earle of newcastle with a greater force , entred into yorke , whilest the lord fairfax and captaine hotham , lay not farre off ; who , notwithstanding his great strength when he marched out of yorke , was encountered by them at tadcaster , upon the . of december , the fight or severall skirmishes continuing about five houres ; in which the parliament forces did so well take their advantages , that they slew ( as was reported to the parliament ) of the earles men , with the losse of eight souldiers of their owne , of whom captaine lister was one , whose death was much lamented in the country , being esteemed a brave and religious man. after severall skirmishes , the parliament army had the fortune to make a faire retreat to cawood castle , and selby , and leave all to the earle , whose forces were reported to be about eight thousand horse and foot , the lord fairfax and captaine hotham having not above . foot , and seven troops of horse ; their number had bin greater , if sir hugh cholmely and colonell bainton , with their regiments of foot , and two troops of horse ( who were expected ) had accordingly come in to them . the earle of newcastle was now growne , not only master of the field there , but formidable to all the adjacent counties ; who did therefore implore aid from the parliament . the parliament upon that occasion , hastened the association of those counties which lay neerer to them , that they might be the more able to supply their remoter friends . the kings side received then an addition of strength in the north , by the landing of colonell goring at newcastle , with . commanders from holland , and other provisions for the warre . the earle of newcastle marching from tadcaster , surprised leedes , in which towne he tooke many gentlemen prisoners , and forced them to ransome themselves at high rates ; whereby he was further enabled to pay his great army . then also he gave commissions to papists in that country to arme themselves in the kings service , which he justified by writings published upon that occasion ; and at the same time proclaimed the lord fairfax traytor . the lord fairfax notwithstanding , marched with such forces as he had gotten together , and proved successefull in divers attempts , against severall parts of the earle of newcastles forces , one of them happening at sherburne , between tadcaster and doncaster , and another at bradford , against a party of the earle of newcastles army , under the conduct of colonell goring , colonell evers , sir william savile , and sir john gotherick , who came with a good strength of horse and dragoneers to surprize on a sudden that towne of bradford ; but were by forces timely sent to the reliefe of it , forced to retire with some losse ; which , though it were not a victory against colonell goring and the rest , may notwithstanding be termed a successefull action , in being able to repell an enemy too potent for them in all probability . chap. iv. some actions of sir thomas fairfax in the north. the queene lands in england . the revolt of sir hugh cholmely , and the two hothams . the state of this warre in the westerne parts . the condition of the associated counties . a short relation of sir william waller his actions ; of colonell cromwell , sir william brereton , and sir john gell . great were the atchievements of sir thomas fairfax in that moneth of ianuary and the following february ; for no season of the yeare , nor stormes of winter , could quench the rage of this civill fire . sir thomas fairfax on the . of ianuary , . marched from bradford ( six miles distant from loedes ) with six troops of horse , and three companies of dragoones , under the command of sir henry foulis baronet , his lieutenant generall of his horse , and neere . musqueteers , with . clubmen , under the command of sir william fairfax colonell , and lieutenant generall of the foot. when sir thomas approached the town of leeds , he dispatched a trumpeter to sir william savile , commander in chiefe there , under the earle of newcastle , requiring the towne to be delivered to him for the king and parliament . but receiving a resolute , and seeming-scornefull answer from sir william savile , he drew neerer , and prepared to make an assault , though there were great strength in the towne , namely , foot , and . horse and dragoones , with two brasse sakers . sir thomas fairfax drew out five companies of his most expert souldiers , whom he disposed of at a fit side of the town , under the command of major forbes , captaines , briggs , lee , franke , and palmer . sir william fairfax , at the head of his regiment , and the face of the enemy , stormed the town with great skill and courage , whilest major forbes did the like in his place , and sir thomas himselfe every where encouraging , and teaching valour by his owne example , brought on his men ; so that after two houres of hot fight , though the besieged behaved themselves well , the towne was entred by sir thomas fairfax , sir william fairfax , and sir henry fowles , on one side , and major forbes , with his fellow captaines , on the other . they toooke within the towne their two brasse sakers , with good store of armes and ammunition , foure colours , and . prisoners , among whom were six commanders : the common souldiers , upon taking of an oath , never to fight in this cause against the king and parliament , were set at liberty , and suffered to depart , but without their arms. there were slaine about forty men , of which number the besieged lost the greater halfe . serjeant major beamont , indeavouring in the flight to save his life , by crossing the river , so lost it , being drowned therein ; and sir william savile himselfe , crossing in flight the same river , hardly escaped the same fate . publike thanksgiving to almighty god was given at london for this victory . sir thomas fairfax with his victorious forces , immediately marched to another quarter of the earle of newcastles army at wakefield , from whence the chiefe commander , sir george wentworth sled , and left it to him . not long after , he marched to tadcaster ; at whose approach the earles forces , though a considerable number , fled away , and forsooke their workes . from that time scarce any one fortnight of all the following spring , passed without some remarkable addition of strength to the kings side , in those northerne parts . in february generall king , a scottish commander , of great experience in military affaires , came out of holland , landed at newcastle , joyned himselfe with the earle of newcastle , and passed to yorke with . armes . in the same moneth also the queene landing from holland , neere to sunderland , with great provision of armes and ammunition , and many commanders of note in her retinew , was convoyed by the earle of newcastle to the city of yorke . the earle of montrosse about the same time , a young lord of great esteeme in scotland , who before in the scottish warre ( as is there mentioned ) had shewed himselfe one of the most active and zealous covenanters of that nation , forsooke his party there , and with the lord oglesby fled out of scotland with . horse , to the queene at yorke . upon which both those lords were proclaimed at edenburgh traytors to their king and country , for that , contrary to their covenant , they stole out of scotland , to assist the popish army , ( for so they called that of the earle of newcastles ) against the parliament of england . another great wound to the parliament , not long after , was the revolt of sir hugh cholmely , a member of the house of commons , and one that had carried a good esteeme among them , who had before ( as is already mentioned ) been imployed by the parliament , as a commissioner in the north , together with the lord fairfax , and sir philip stapleton ; and was at this time highly intrusted by them ; for he was governour of scarborough , a place of great importance . he falsely betrayed his trust , and forsooke the cause he had undertaken , going to the queene with . men . upon which he was impeached of high treason by the parliament ; but it was not his fortune to suffer for that offence , as others did , who about the same time failed in their trusts . the towne of scarborough was left in possession of a parliament captaine , who was usually called browne bushell , a man that some thought would have kept it to the parliaments use ; he likewise revolted , and delivered it to their enemies . upon the landing of generall king , and the queene presently after , a suspition began to arise , by some circumstances , that the two unfortunate hothams , the father and the sonne , were false to the parliament . which by the strict observation of some vigilant men on that side , was further discovered , and began at last to be discoursed of , with as little beliefe for a long time , as cassandraes prophecies ; and when it came more plainly to appeare , with as much , not onely wonder , but sorrow of honest men , that so much unconstancy should be found . the particulars of this discovery , and how much the parliament , if not timely prevented , had suffered by it , there will be time hereafter to discourse of more at large . but they were both accused to the parliament , seized upon at hull , and sent up to london , where they long remained prisoners in the tower , before the time of their tryall and execution . not all these disadvantages , by the growth of enemies , and revolt of friends , could dishearten the lord fairfax and his sonne , who still persisted with great courage , and raising the clubmen of the country , to piece up those small forces which remained with them , were able for a while to make considerable resistance , and performe divers services against some parts of the earle of newcastles vast army . but one victory was gained by sir thomas fairfax at wakefield , which may be termed rather miraculous then strange ; though i shall relate nothing save knowne truth , such a victory , against so much odds , and so many disadvantages , as may serve to teach how much successe may possibly crowne bold attempts , and justifie that old saying , audaces fortuna juvat . the lord fairfax , generall of the parliaments forces in the north , on the . of may gave order for a party to be drawne out from the garrisons of leedes , bradford , halifax , and howley : they marched , . foot , three companies of dragoneers , and eight troops of horse ; sir thomas fairfax commanded in chiefe ; the foot were commanded by sir william fairfax , and serjeant major generall gifford ; the horse divided into two bodies , foure troops whereof were commanded by sir thomas fairfax himselfe , the other foure by sir henry fowlys . from howley , which was their rend●zvouze , they marched away , and by foure a clock in the morning came before wakefield : those of the towne were ready for them , and sent out some of their horse to encounter with theirs , and musqueteers to line some hedges , even to the very towne . there were in wakefield . foot , and seven troops of horse , besides colonell lamptons regiment , which came into the towne after that the parliaments forces entred into it . but at the first encounter the parliaments forces beat their enemies horse back ; and their foot also drove those musqueteers from the hedges , even into the towne ; which they assaulted in two places , called wrengate , and northgate . after an houre and an halfe fighting , recovered one of their enemies peeces , and turned it upon them ; and withall entred the town in both places at the same time . when the baracadoes were opened , sir thomas fairfax with the horse , also fell into the towne , and cleered the street , there was a cruell and fierce encounter ; in which place colonell goring was taken prisoner by lieutenant matthew alured ( brother to captaine john alured , a member of the house of commons ; ) yet in the market place stood three troops of horse , and colonell lamptons regiment ; to whom major generall gifford sent a trumpet , with proffer of quarter , if they would lay down their arms. to which when they returned a scornfull answer , he fired a peece of their owne ordnance upon them , and the horse also falling in with great fury , soone beat them out of the towne , and tooke all their officers prisoners . they tooke withall . colours of foot , three cornets of horse , and about . common souldiers . they were likewise forced when they fled , to leave behind them foure peeces of ordnance , with ammunition , which the parliament forces carried away with them . for when they had thus taken the towne , they found their number and strength too weake to keepe it , and their prisoners too . and therefore they quitted the place , and marched away with this brave booty . this great victory at wakefield , seemed ( according to the common saying ) like a lightening before death ; for not long after , these forces were quite broken by the earle of newcastle , whose greatnesse overspread those countries , and was never incountered by any enemy , but in parts of his army . he had managed the whole businesse , and attained his height of power by great skill and policy ; and now having no neere enemy in the field , was gone to besiege the lord fairfax in hull , which was by some talked of as an errour in him , no lesse then besieging gloucester soone after , by the king was censured . such a continuall and sad warre had the northerne parts been forced to endure all the winter . nor was it their case alone ; scarce any county of england was free from it . the whole west , consisting of so many rich and flourishing shires , had been as sad a stage of civill tragedies . many armies and small parties of either side ( too many for one history to describe at large , or give particular due to the actions of every gentleman ) had been ingaged , without any intermission in those parts . of all commanders there , that sided with the king against the parliament , sir ralph hopton , by his unwearied industry , and great reputation among the people , had raised himselfe to the most considerable height , and continued the longest a leader of armies , as the sequell of the story will hereafter declare : but his successes , through the whole course of his actions , were very various , and many ebbs and flowes were in his fortune . the marquesse hartford , though farre higher in dignity , and greater by power of his large commission from the king ( of which before is spoken ) was not able to act so largely in the field as sir ralph did , though he were seldome idle , but busie about townes , and in small parties . they were both opposed in their beginnings , not so much by any noblemen , or great commanders imployed by the parliaments commissions , as by private gentlemen of those counties ; the chiefe of which were sir francis popham , and his sons , master strode a deputy lieutenant there , with others before named , besides plaine freeholders of the country , who seemed to understand their owne liberties and interest , which they had in the common-wealth . untill at the last the earle of stamford , a stout gentleman , ( who had beene before imployed about leicester , against master hastings , with a commission from the parliament , as generall of some counties ) was sent into the west . the earle of stamford was by the parliament made lord generall of all south-wales , and the foure next adjacent counties , as glocester , worcester , hereford , and cheshire ; with power to raise forces in all those counties , to appoint officers and commanders over them , to traine and exercise the men , and to fight with all that should oppose him . the lord gray , sonne and heire to the earle of stamford , was appointed to succeed his father , in his former charge , and made lord lieutenant of five counties , leicester , nottingham , derby , rutland , and lincolne , to continue the warre against master hastings , the earle of chesterfield , and others , who opposed the parliament in those parts . the earle of stamford , at his first comming into the west , was successefull against sir ralph hopton , whom he raised from the siege of plymouth , but sir ralph hopton not long after , by a stratagem of faining flight , entrapped many of the earles men , conducted by a lieutenant of his , and gave an overthrow to the parliament forces ; betwixt whom , and the earle of stamford , upon the fifteenth of march , . a truce was made for twenty daies . the earle , after the expiration of that truce , againe taking the field , with a competent army , was a while prosperous against sir ralph hopton ; but not long after overthrown by the revolt of young chudley , sonne to sir john chudley , by whose assistance before , those parliament forces had been victorious . the earle of stamford was then inforced to betake himselfe to the city of excester , whither hopton and chudley followed him , to lay siege to the place . but prince maurice was soone after sent thither to command in chiefe ; to whom at last ( as is before expressed ) it was upon faire articles surrendred by the earle of stamford . notwithstanding so many misfortunes , as had then fallen upon the parliament side ; about the end of may , . they did not despaire of regaining the whole west , by the active valour of sir william waller , who about that time was very prosperous in those counties , and some parts of the principality of wales , and whose name was growne to be a great terrour to his enemies . of his actions , and by what degrees he grew into esteeme and strength , it will not be amisse to relate in a continued series , considering how great a generall he became afterwards in these warres , and in what low command he began . he was a gentleman of faire experience in military affaires by former travels , and services abroad , of good judgement , and great industry , of which he gave many testimonies to the kingdome . sir william waller , about the time of the battell of keynton , received a commission to be colonell of horse ; and moving that winter following , as occasions of the present warre required , performed many exploits ; he tooke in farnham castle , and passed southward , after that portsmouth by his assistance had been taken from colonell goring , and some other quick services at winchester , and in the country thereabouts , which he had performed , joyning himselfe with colonell browne , a citizen of london ( who tooke up armes at the beginning of this civill warre , and continued till the very end , in high commands , and reputation as high ; of whose actions more must be delivered in the sequell of this history . ) colonell hurrey , and some others , passing into the westerne part of sussex , he layed siege to the city of chichester ; in that city many gentlemen of ranke and quality had fortified themselves , and gathered together much armes and ammunition for service of the king against the parliament . about the middle of december appearing before chichester , he was there met with some forces , troops of horse and dragoniers , that came to his assistance from kent and sussex , under the conduct of colonell morley , a member of the house of commons , a gentleman of good ranke in sussex , and great activity in the parliament service , and sir michael le●vesey , a kentish knight . the battery was placed by sir william at fit places , and all things ordered with great skill ; but before the battery began , to save effusion of blood , sir william , by the consent of all his officers , summoned the town by a trumpet , with such conditions offered , which were judged too high by the besieged , and therefore at first not accepted of ; yet after eight daies it was rendred to him upon no other conditions then onely quarter and faire usage . the prisoners which were taken there of note , were immediately sent toward london to the parliament , who were sir edward ford , high sheriffe of sussex , sir john morley , colonell shelley , master leaukner , colonell lindsey , lieutenant colonell porter , major dawson , and major gordon , with doctor king , then bishop of chichester , and many other officers and commanders in armes , to the number of . about . dragoniers , and almost as many foot souldiers . in the march following , his imployment was in the westerne parts of england , where he raised forces . the next in command under him , who continued with him in almost all his actions , was sir arthur haslerig , another member of the house of commons , serving as knight for leicestershire , a man that in all battels and skirmishes gave great proofes of his prowesse and personall valour . sir william waller having now raised a competent force , and marching out of bristoll on the nineteenth of march , within two daies after approached malmesbury . colonell herbert lunsford a stout gentleman , and a good souldier , brother to sir thomas lunsford , that was taken at keynton battell , was then governour of malmesbury ; who upon the first approach sent out seven troops of horse , to begin an encounter with him ; but they were no waies able to indure the force of those horse which sir william had drawne out against them , but fled immediately , some of them back into the towne ; many of them conceiving that there was small safety in the towne for them , fled quite away . sir william assaulted the towne the same day , but not prevailing then , he lodged there all night , preparing the next morning for another , and more fierce assault . but the besieged conceiving the place unteneble , desired a parley , and yeelded upon quarter . he tooke at malmesbury one peece of ordnance , about three hundred prisoners , whereof colonell lunsford , and colonell cooke were the chiefe , with almost twenty officers great and small ; good store of rich prize and ammunition ; the conquest was bloodlesse , and very few slaine on either side . within few daies after he obtained a very considerable victory neere to gloucester , against the lord herbert of ragland , sonne to the earle of worcester , who with a great army of welchmen lay against that towne ; which , for the manner of it , in briefe was thus : sir william with his forces , comming neere to cirencester , made shew ( the better to conceale his purpose ) as if he intended to fall upon that towne ; but his designe was for gloucester , and had taken such provident care , that the men in gloucester had notice of his purpose ; and that with the help of his flat-bottomed barges , which thence were brought to him in the nature of waggons ( usefull both by land and water ) he would transport his forces over the river severne , beyond gloucester , and fall upon the reare of the lord herberts welch forces , when he was least feared or expected ; withall , he gave notice to the gloucester forces to fall upon the front of that army , as he would upon their reare . the plot , as it was wisely contrived , was successefull in the event , and tooke so good effect for him , that when the lord herbert was in skirmish with the forces of gloucester , and confident to cut them all off , being very few in comparison of his owne ; sir william with his army , neere high●am their quarter , fell suddenly upon the reare of the lord herberts men , with such fury , that they were all routed , and would gladly have fled , if they had knowne any way to escape . there were slame of that welch army about . upon the place , neere a thousand taken prisoners , with all their armes and ammunition , the rest wholly dispersed and scattered , the lord herbert himselfe escaped by flight , and got to oxford . sir william waller , after this great victory , marched from thence to tewkesbury ; at whose approach , those of the kings souldiers , that were garrisoned there , fled away , and left it to him ; from whence marching further into the country , he surprized divers stragling troopers of the other side , with some armes , pistols , and carbines , together with sixteene thousand pound in money , and carried away his booty to gloucester . within as short a distance of time , he tooke chepstow in monmouthshire , and seized upon divers of those that were conspirators for the betraying of bristoll ( of which treason i have spoken before ) and who , upon the discovery of it , had fled from thence . at that place he tooke a ship called the dragon of bristoll , and great store of wealth in her , belonging to those who were his enemies ; which he seized , as a just booty , and much to his advantage . from chepstow he marched with a swift pace to monmouth ; the towne upon composition was soone rendred to him ; from whence , after he had put a garison into it , he marched to vske , and summoned the country ; where divers forces came in to him ; among others sir william morgan his sonne , of tredegan , brought him five hundred armed men , and some money ; where also master herbert of colebrooke raised a thousand men , and seized on abergaine for the parliament . sir william waller in this high carriere of his fortune , was commanded back from the west by the lord generall essex , to come to the chiefe army : which being soone understood among those of the kings army , he was way-layed by prince maurice . the intention of sir william waller was to get to gloucester with his forces ; having therefore sent away his ordnance and baggage , with his foot to guard it over wye to aust ; himselfe with his horse and dragoones , resolved to fall upon prince maurice his army , and force a passage thorow , which he did with great successe , and small losse ; and as he marched afterward , cut down all the bridges behinde him ; whereby he hindred prince maurice from marchimg after him . this course if the prince had taken before him , sir william waller might have been kept in wales to his great disadvantage . but by that meanes of cutting down the bridges , prince maurice his pursuit being hindered , sir william waller , by assistance of the governour massey , regained many townes possessed by the kings forces , especially tewkesbury , sir matthew carew being fled from thence . but there he tooke many prisoners , much armes and riches ; he placed a garrison there ; and from thence , according to his first designe , arrived safe at the city of gloucester . sir william waller continued not long at gloucester , but ( being now dispenced with for returning to the lord generall ) according to his usuall celerity , he flew to hereford , before any feare or expectation of his comming . he tooke that towne upon quarter , and in it many prisoners of great ranke and quality , among whom was the lord scudmore , with five revolted members of the house of commons , viz. the lord scudmores sonne , colonell herbert price , sir richard cave , lieutenant colonell conisby , master conisby , and besides them , sir walter pye , sir william crofts , lieutenant colonell thomas price , serjeant major mintridge , sir samuel amby , serjeant major dalton , captaine somerset , captaine sclater , doctor rogers , doctor goodwin , doctor evans , and divers others ; who were all carried away to gloucester . within three daies after that service , he surprised the towne of leinster in that county , twelve miles distant from hereford , where he tooke good prize , disarmed many of the kings party there , and placed a garrison in the towne . it was feared at that time by those of the kings side , that sir william waller , going on in so prosperous a way , might perchance surprize worcester and ludlow : to prevent therefore his further proceedings , prince maurice , with a good strength of horse , was sent from oxford , with whom also the marquesse of hartford was joyned , to fall upon him . but sir william scowring the countries thereabouts with his active forces , and having disarmed many of the other side in wilts and somersetshire , came to bath with an army much increased of late both in number and reputation ; at which place sir edward hungerford , sir john horner , and master strode , joyned with him to oppose prince maurice and the marquesse hartford . about that part of the country were frequent and fierce encounters , which lasted for a long time , and many retreats with great skill and courage were made on both sides , when night parted the fury of their sights . but sir william waller proved for the most part victorious ( whose particular actions there deserve a more peculiar relation ) and at last became master of the field , chasing his enemies so farre as a towne called the devizes , to which place he followed and besieged them . the losses in all those severall encounters were very uncertaine , and variously reported , by reason that both parties had many times liberty to bury their dead ; but on the parliament side were lost one major , one lieutenant , and two cornets . sir arthur haslerig was there wounded , but the danger was not very great . on the other side , besides the uncertaine number of common souldiers , some of quality were slaine , among whom was sir bevile greenvile , lieutenant colonell ward , major lowre , with five or six captains , sir ralph hopton , the earle of carnarvan , and the lord mohun were reported to be wounded . sir ralph hopton was besieged in the devizes by sir william waller , and began to treat about the surrender of it ; for prince maurice and the marquesse of hartford were retired toward oxford , where suddenly the fortune of warre changed , and sir william vvallers army , by an unexpected party of fresh forces , which came from oxford ( for the lord generall essex his army was so much wasted by sicknesse , and other distresses , that he could not at all straiten oxford , nor hinder any forces from issuing thence ) under the conduct of the lord vvilmot , was utterly defeated , scattered , and ruined , as was before mentioned . he himselfe for security at the present , retired into the city of bristoll , from whence within few daies he rode , accompanied with some gentlemen toward london , and was there received with great affection , and many promises of their best indeavour to set him forth with another army . the kings forces seemed now to have done the greatest part of their worke , being in a manner sole masters of the vvest , and most northerne counties of england , and having ruined the lord fairfax and sir william wallers armies . yet in all counties the fortune was not alike ; in many places those gentlemen which adhered to the parliament , were able not onely to guard themselves , but get ground upon their enemies , though those actions were for the most part performed in skirmishes between small parties , in preserving their owne strengths , or taking townes from the other side , such as had been in cheshire , lancashire , staffordshire , derby , leicester , notingham , and other places , which i shall briefly touch anon , after i have related in how contrary a condition to the north and west , which had beene the seat of a fierce warre , and a prey to the greatest and most potent armies of either side ; and how much happier then those other counties , which had beene alwayes molested with alarms and skirmishes , and suffered by pillaging on both parties ; the easterne counties of england had remained all the foregoing vvinter , and continued so during the whole progresse of this bloody vvarre , which were the counties of suffolke , norfolke , cambridge , essex , hartford , huntingdon . &c. who never were made the seat of any part of this civill vvarre . these parts of the kingdome had joyned themselves in an association by authority of parliament , with power to defened each other , and leavy forces against all enemies to that cause ; this great happinesse of peace and quiet that they enjoyed , may be supposed to flow from the unanimity of their affections , which carried them all the same way ; and true it is , that there was as much unanimity of opinion and affection in those counties among the people in generall , as was to be found in any part of england , but it was especially among the common people ; for a great and considerable number of the gentry , and those of highest ranke among them , were dis-affected to the parliament , and were not sparing in their utmost indeavours to promote the kings cause , and assist his force against it ; which might have throwne those countries ( if not wholly carried them to the other side ) into as much distraction , and sad calamity , as any other part of the land had felt ; nor could that association have been possibly made , if those gentlemen had not been curbed and suppressed by that timely care which the parliament tooke , and more particularly by the successfull services of one gentleman , master oliver cromwel of huntington , a member of the house of commons ; whose wisdome , valour , and vigilancy , was no lesse availeable in this important businesse , then remarkable afterwards in the highest services , and greatest battels , of the whole warre . of this mans actions ( because it pleased god to raise him afterward into the greatest commands , and prosper in so high a measure all his undertakings , that he became within few yeares one of the chiefe props , on which the parliament leaned , and greatest scourges of the other sid ) let it not seeme amisse if i discourse in a continued ser●es , during those moneths that intervened the battell of keynton ; and that low ebbe of the parliament which preceded the siege of gloucester . the first action that cromwell undertooke , was to secure the towne of cambridge for the parliament , about the middle of january . universities were of all places most apt to adhere to the kings party , esteeming parliaments , and especially this , the greatest depressors of that ecclesiasticall dignity , in hope of which they are there nurtured . upon which reason they were packing up a large quantity of the plate that belonged to all the coledges , to send it away to the king , which would have made a considerable summe . this was foreseene by cromwell ; who by a commission from the parliament , and lord generall essex had raised a troope of horse , and came downe into that country , with authority to raise more forces as occasion served ; he came to cambridge soone enough to seize upon that plate , which was going to oxford ; but before his arrivall there , he performed by the way another service : sir thomas conesby , lately made high sheriffe of hartfordshire , had received a proclamation from the king , to proclaime the earle of essex , and all his adherents traytors ; and was then at st. albons upon a market day , proclaiming of the same ; cromwell with his troope seized upon him , and sent him up to the parliament . not long after he collected in convenient time the forces of that county , and invited the neighbour counties of essex , suffolke , and norfolke , to their assistance , against an invasion of the lord capell , who should have been seconded by prince rupert also , to invade that place , and hinder the association ; which had been done , if that timely prevention had not been used . this made them forbeare their intended invasion , and retire to other parts . about the beginning of march cromwell having raised a regiment of horse , consisting of . marched into suffolke with much celerity , upon intelligence of a great and considerable confederacy held among those gentlemen which adhered to the kings party , at a towne in that county called lowerstost , a place of great consequence : he surprized them unawares , gained the towne with small difficulty , and no shot at all . in which he tooke prisoners sir thomas barker , and his brother sir john pettus , master thomas knevet , two of the catlines , captaine hammond , master corey , master turrill , master preston , and about . others of quality and substance . in that towne he gained good store of ammunition , saddles , pistols , powder , shot , and severall engines for warre , enough to have served a considerable force . and certaine it was , that if cromwell had not surprized them in that nick of time , it had proved a matter of great danger to the county ; for within one day after , as many more knights and gentlemen , that were listed before , had met at the same place . this was a timely service to the parliament , and a great discouragement to all that party in suffolke and norfolke , which adhered to the kings side . but when the spring grew fur●her on , and it was seasonable to make longer marches , about the beginning of aprill , cromwell having well setled the businesses of those associated counties , for the parliaments use , and not confining his care and services within those parts onely , raised a greater force , of such as came freely and heartily in to him ; with whom he marched along towards lincolneshire , with purpose to assist those of his side , that warred against newarke . newarke was one of the strongest garrisons , which was then held of the kings side , replenished with many gentlemen of lincolneshire , and other shires , and some expert souldiers , who inforced large contributions from the adjacent country , and made rodes often times even to the walls of lincolne . colonell cromwell in his march thither , as he passed thorow the county of humingdon , disarmed many that were ill affected to the parliament , and increased by that meanes his strength so farre , that he was growne above two thousand strong ; and before he came to newarke , receiving an addition of horse from captaine hotham , he also joyned with some forces of lincolneshire . at his first approach neere to newarke , it was his fortune to performe a good service for his side ; for when captaine wray with his lincolneshire horse , had too rashly quartered within a little of that town , he was set upon in the night time by a strong party from the towne ; where after some little bickering , nor being able to resist so great a number , he was surprized with his whole troope ; but the alarum comming to cromwell , he advanced , and at ten a clock at night fell upon the newarkers , rescued captaine wrays troope , and tooke three troops of theirs , with the slaughter of many of them . after this , when he sate downe before the town , he was so vigilant upon all sallyes that were made out , and so successefull , that he tooke many men and colours at severall times ; and with his horse , watching all occasions , he once defeated a strong party of the newarkers , neere to grantham , where the odds of number was so great on their side , that it seemed almost a miraculous victory . at another time he fell upon a party of the earle of newcastles army sent toward newarke , and quartering betweene that towne and grantham , of whom he slew many , tooke an hundred horse , and forty prisoners . such things as these were the beginnings of cromwell , at his first entrance into the souldiery ; those that must be called his deeds ; were in the following yeares of this unhappy warre , and will require a larger and more full expression . in those other counties which were named before this discourse of the association , the fortune of warre , during the aforesaid moneths , had been very various , and daily contestations happened , being for the most part betwixt small parties , and in besieging , taking , and re-taking of townes and forts . in cheshire sir william brereton , a wise and vigilant man , who from the beginning of these troubles had taken charge of that county , serving in parliament as knight thereof , had so well acted his part against the earle of darby ( made by the king lord lieutenant of that county , as well as of lancashire ) that he was the chiefe instrument of delivering cheshire out of his hands , and preserving it for the parliament , though the greater part of gentry there adhered to the king : but it pleased god to give many victories to sir william brereton against them . he obtained about the beginning of march , a great victory against those of the kings party at middlewich in cheshire ; which towne , after a sharp incounter in the fields before it , he finally tooke , with . prisoners , whereof many were commanders and gentlemen of great worth ; which victory did much advance the parliaments cause in those parts . he resisted with great successe the lord cholmely , and sir thomas aston , two powerfull men , and zealous for the kings party . having setled in some measure , by extraordinary care and wisdome , his owne county for the parliament , and raised many stout and well armed men there , he was forward to give assistance to other parts ; and advancing into shropshire against the lord capell , he surprised a towne called dreyton , in which sir vincent corbet , a commander of the kings side , was quartered : but sir william brereton with small opposition entred the town , and tooke two compleat troops of horse , and six companies of dragoneers . sir vincent corbet escaped by flight . he marched thence along thorow those counties , and tooke some places of great import , as the affaires of both parties stood at that time . sir william went on prosperously , and within a short time after tooke whitchurch , upon the edge of shropshire , with great store of armes and ammunition , and many prisoners of the lord capels forces . but sir william brereton , when he joyned forces with other men , or came in opportunely to the reliefe or rescue of ingaged friends , performed divers great and advantagious services to the side he tooke , especially when he joyned in action with sir john gell of derbyshire , a constant and successefull actor for the parliament ; of whom by himselfe , and together with sir william brereton , i shall make a further mention . the county of derby , full of nobility and gentry , was much swayed , even from the beginning of these distractions , against the parliament ; for scarce did any gentleman in all that county , but sir john gell , appeare for it at the first . he , with his brother , and some of his kinred , by the help of those freeholders and yeomen that inclined that way , made a party to resist those great ones , at such a time , as must needs renowne his courage and constancy . and it pleased god to make him prosperous in that great and hazardous undertakings , and to carry it so during the whole warre . after the battell at keynton , he tooke a commission from the earle of essex , with great care and cost he provided arms , and timely seized upon the town of derby ; which town he so well fortified , that it proved a sufficient defence against the assaults of potent enemies , and a refuge upon all occasions to the parliaments friends ; it was likewise , no doubt , a great incouragement to many of the neighbouring counties , to stand upon their guard in the like kinde . but the walls of derby could not immure sir john gell , nor hinder him from acting his part abroad . in many services he joyned himselfe ( not without good successe ) with sir william brereton , with colonell cromwell , and marched sometimes with the lord grey of grooby ( before mentioned , lord lieutenant of those counties ) against master hastings , and against the towne of newarke . in the moneth of february he marched with those forces which he had , under the conduct of the lord brooke , into staffordshire , to take in lichfield , which was then possessed by a garrison of the kings side . having entered the towne , they found hot and sharpe resistance , from a place of great strength , called the close , or cathedrall yard , a place famous in the succeeding warre , as being often gained and re-gained , with the losse of much blood on either side . chap. v. the death of the lord brooke , and of the earle of northampton . a short mention of some actions in divers counties . the low condition of the parliament at that time . the siege of gloucester . while the parliament army continued at the siege of lichfield close , their generall the lord brooke , as he looked out of a window , was unfortunately shot into the head , and dyed immediately ; a man as much lamented by the parliament , as any that ever fell on that side , and as much honoured for his piety , valour , and fidelity . after his death , sir john gell succeeded in that command , and about the beginning of march took the close , with very little losse of blood , though they had their mynes ready prepared to blow up the walls of the close , and had throwne granadoes into it ; which made the besieged cry out for quarter , which they obtained ; for the souldiers thought it not honourable ( being in cold blood ) to revenge their generals death , by putting them to the sword. but they tooke a good and rich booty of money , bagge , and baggage , about a thousand armes , and very considerable prisoners , the earle of chesterfield , with his sonne , and divers other gentlemen of ranke . about the middle of that march , sir john gell with an army of fifteene hundred horse and foot , advanced from lichfield toward the towne of stafford ; where it was his fortune to meet with the earle of northampton and his forces , consisting of about twelve hundred horse , at a place called cranock-greene , or salt-heath , almost foure miles from stafford : the earle gave a brave and furious charge upon them , and being stronger in horse , made sir john gells horse to retreat and disorder at this first charge ; in which he tooke divers of them prisoners , and surprised two drakes . after that , he wheeled twice about their foot , seeking his best advantage where to breake them : but sir john gell , and his commanders , did so well order their battalia , that the foot kept unbroken , and made good the field againe together with their horse , and re-saluted their hot assailants , fighting pell mell for a long time . at this fierce incounter the earle of northampton himselfe was slaine in the place , one master lucy and captaine bagot , with many more , about whose number relations did not agree ; a cornet of the kings also was here slaine , and his colours taken , having on it a crowne , and this inscription , carolus rex . two other cornets were there taken , of which one was the princes , for the king , and prince his troops were both there . they tooke prisoner one of the earle of chesterfields younger sons ; and sir john gell , by the timely comming in of sir william brereton to his assistance , before the sight was ended , obtained a great victory , and drove his enemies quite out of the field . among the rest , master hastings ( as was then reported ) having been once taken prisoner , and rescued , fled away wounded . thus it fell out , that these two peeres , the earle of northampton , and the lord brooke , who first of all the nobility , at the breaking out of this civill distraction , had personally contested in one county , about the parliament ordinance of militia , and the kings commision of array , within a small distance both of place and time , ended their daies by this unhappy warre . they were both much lamented by their owne parties , both men of worth and courage , though much different in the manner of their lives and conversations . as cheshire , though a county where many papists inhabited , was by the successefull care of sir william brereton and other gentlemen , kept from deserting the parliament , and able to resist the earle of darby , the kings lieutenant there : so her sister lancashire , more full of papists , and more fiercely assaulted by that earle , under the same authority , being the place of his chiefe residence and power , was able not onely to resist him , but finally beat him out of the country by the courage and industry of divers protestant gentlemen of that shire ; of whom i have named many in the precedent book . but it is fit to give a little touch of the chiefe actions . the parliament , in midst of winter , when that county was in the greatest distraction , had sent down sir john seaton , a scottish knight , an experienced and stout commander , as major generall of the forces in that shire , that he might direct the unskilfull valour of that people , though many of those gentlemen had done great services before , as appeared at manchester , and some other places . one of his exploits was at preston : sir john seaton having setled himselfe at manchester , marched from thence about the beginning of february toward preston , with major generall sparrow , colonell holland , captaine booth , serjeant major birch , master nowell of mearkley , and some other , with about ten companies , and almost two thousand clubmen , to take in preston , a town well fortified , and very stoutly defended ; but it was so furiously assaulted ( captaine booth in person first sealing the walls ) by the parliament forces , that after two houres of extreme hot fight , the parliament forces were masters of it : the town was taken with small losse of the assailant side , which was wonderfull ; not one officer , and not above seven or eight common souldiers . on the other side many fell , the mayor of the town , adam morte , with his sonne , sir gilbert houghtons brother , a captaine of horse , with divers others of quality ; sir gilbert himselfe fled to wigham . they tooke two hundred prisoners , whereof many were gentlemen of good ranke in the country . they tooke three peeces of ordnance , many muskets , and other armes , with two or three colours . the taking of this town was of great consequence , both toward the maintenance of the parliament forces , and also to stop the passage from newcastle to chester and shrewsbury . shortly after serjeant major birch was sent from preston to lancaster towne ; who without any great opposition ( for he came suddenly and unexpected ) soone entred the towne with his whole company ; and being entered , the townesmen assisted him very freely to winne the castle there ; which he tooke into his possession for the parliament . wiggon also in lancashire , was taken in , with great store of armes and prisoners , by sir john seaton , with those gentlemen that followed him , together with the townesmen of manchester , and other clubmen of the country , whom they had gotten together . the earle of darby desisted not from his indeavours to reduce that county ; but marched with a considerable strength to take in whaley , which he had almost accomplished , but was notwithstanding repelled from thence by the forces of the country . the same earle had likewise possessed himselfe of warrington , a considerable towne in lancashire ; and left a garrison in it ; but at the beginning of iune , that towne was regained by the forces of manchester , with eight peeces of ordnance , and five or six hundred prisoners ; by which all lancashire seemed to be reduced to the obedience of the parliament , scarce any place of considerable strength being left in the power of the early of darby . the lord gray of grooby , had been long possessed of leicester , as the chiefe quarter where he resided ; and besides his actions at other parts about that place , with various fortunes had opposed the forces of master hastings , who kept a garrison at ashby de la zouch , and acted with great fervour and constancy for the kings cause . hampshire had been much distressed by both parties ; but the kings garrison of winchester , and that of basing-house , the dwelling place of marquesse winchester , were there predominant , and at their pleasure forced contribution from the adjacent country ; wales was almost wholly at the kings dispose , except very few places , which with much difficulty preserved themselves for the parliament ; and some gentlemen , who with much hazard continued their fidelity to that side , such as colonell glynn , colonell mitten , and laugherne , with other private gentlemen . but indeed the parliament was then in a low ebbe ; and before the end of that iuly , . they had no forces at all to keep the field ; their maine armies ( as is before touched ) being quite ruined , and no hope in appearance left , but to preserve a while those forts and townes which they then possessed ; nor could they long hope to preserve them , unlesse the fortune of the field should change . thus seemed the parliament to be quite sunke beyond any hope of recovery , and was so believed by many men . the king was possessed of all the westerne countries , from the farthest part of cornwall , and from thence northward as farre as the borders of scotland . his armies were full and flourishing , free to march whither they pleased , and enough to be divided for severall exploits ; one part was sent to take in exe●er , where the earle of stamford was shut up , not able long to hold the place . the king in person with a gallant army , designed his march towards gloucester , the onely considerable towne in those parts , which the parliament held . what the kings party conceived then of the other side , was expressed in many writings , one in the nature of a jeering epigram , was made at oxford , which i thought fit to insert , because of the particular expressions of the parliaments low condition : the thing is written in an odde manner , and the names of the parliament commanders , fairfax and waller , expressed by a rebus way of latine , as likewise those of the kings side , marquesse of hartford , and earle of newcastle . i leave it to the reader without either translation or comment . extincta castro fax pulchra novo est ; nec nautae postea nec militi sit nota pharos , auster disparem hand tulit casum : murus , cui addita est canina littera , mersa est suis cum turmis nuper leporis vado . euri 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bristonia leporinos horrescens vortices . anglica claudii timet pares vrbs casus ; herois teutonici myrmidones astant magno cum duce . pacata thule est ; nec noto timor popello aut regi . nihil relictum est britanicum domare caesarem ni 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 preces gregis . haec sphinges raptim oedipo suo . iulii . . london was then altogether unfortified , no works were raised ; nor could they , if their enemies , then masters of the field , had come upon them , have opposed any walls , but such as old sparta used for their guard , the hearts of couragious citizens . but at that time london began her large intrenchment ; which incompassed not onely the city , but the whole suburbs on every side , containing about twelve miles in circuit . that great worke was by many hands compleated in a short time , it being then a custome every day to go out by thousands to digge , all professions , trades , and occupations , taking their turnes ; and not onely inferiour tradesmen , but gentlemen of the best quality , knights , and ladies themselves , for the incouragement of others , resorted daily to the workes , not as spectators but assistors in it ; carrying themselves spades , mattoks , and other instruments of digging , so that it became a pleasing sight at london , to see them going out in such order and numbers , with drums beating before them ; and put life into the drooping people ( being taken for an happy omen ) that in so low a condition they seemed not to despaire . but bootlesse in probability had that labour proved , and not timely enough to save london , if the king had marched thither instead of gloucester . but that storme of fortune was strong enough to shake off divers of the loose leaves , that seemed to grow on the parliament side , and unsettle the resolutions of such , as were not enough rooted in that cause which they had chosen : for divers men of great quality , and members of both houses , some lords , and many of the commons , did at that time desert the parliament , and fly to oxford : whose names ( though the lords were named , who first deserted it ) are here spared , because this-latter revolt must needs carry the face of a crime ; as being no matter of opinion or conscience , by which the first justified themselves ; but proceeding , in all probability , from weaknesse , and feare for their private fortunes . they therefore lost much of their esteeme on both sides ; becomming like a foile to set off the constancy of those few members who durst yet continue there , and remaine firme to their first principle 〈◊〉 publike interest ; wading thorow more difficultie and dangers , then any former parliament had been enforced to do . but in the parliament it selfe there appeared no show of despaire , as they observed who were then witnesses of their proceedings ; and the city of london expressed much forwardnesse and alacrity in recruiting the lord generall essex both with their persons and purses ; besides their great indeavour to raise another army for sir william waller , to be as a reserve to the other , upon the great occasion then in hand . the earle of manchester , to his lasting honour , chose that very time to begin his martiall imployment ; and raising forces thorow the easterne associated counties ( of which he was then made generall by the parliament , those counties having been before prepared for that association , by the wisdom and activity of the forementioned colonell cromwell ) performed that yeare and the next great services for the parliament . while the parliament and city of london were thus busied in recruiting their decayed armies , gloucester began to be made the chiefe seene , on which this civill tragedy was acted , and place of great concernment in the kingdome , where the first turne of fortune grew . the city of gloucester was then governed by colonell edward massey , a man of excellent skill to defend it ; of such a courage , as no threats of a powerfull enemy could shake ; and such a fidelity , as no promises of a king could overcome . this massey was brought to gloucester by the earle of stamford , under whom he had served as lieutenant colonell , and by deputation from that earle , had for many moneths governed that city . now there was no more expectation of the earls returne thither ; and therefore massey , as the fittest man , by consent both of citizens and souldiers , was appointed governour , and made a colonell by commission from the generall . the surrender of bristoll to the kings forces ( which was more sudden then could be feared , and for which afterward the governour master fiennes was questioned , and condemned by a councell of warre ) must needs strike a great terrour , and sad amazement into gloucester , which now seemed to stand forlorne , and without hope of any rescue , in the midst of a large country , possessed by their victorious enemies . it cannot be denyed , that the resolution which this city had taken up , of resisting the king at such a time , was very admirable , if a man consider the small strength they had within ; the many discouragements round about them ; the great distance of any aid that could be sent to them . their strength within was very small ; the whole number of souldiers , horse , foot , and dragoones , together with the trayned bands , aud those horse and dragoones , which on a sudden they got from barclay castle , consisting of few more then fifteene hundred ; forty barrels of powder was all their store , with a very meane and slender artillery for such a service : the works were of a vast compasse , and little more then halfe perfected , when this rough storme did first threaten them . the whole country round about them , instead of incouraging this resolution of theirs , did rather indeavour to shake and weaken it , by intimations of the danger , and perswasions to make peace with such an enemy : for they had revolted from the parliament , or resolved so to do ; and wished , for their owne private interests , that the king were quietly possessed of that city ; for they conceived ( not without reason ) that the standing out of gloucester would be unhappy for that country ; because by the falling downe of a great army , they could not but expect a destruction of their corne , cattle , and all other provisions ; and at the last , if it should so fall out , that the king should faile of taking in that towne , they must be inforced to stoope perpetually under two burdens , and be cast into a sadd condition of povety and misery . whereas if that army did prevaile , they were sure to rest in the heart of the kings country , farre from spoile and plunder , and for an easie contribution , injoy free and ample trade . the succour which the city could expect , was as farre off as london , and in what condition the parliament armies then were , is before related . notwithstanding all this , the citizens of gloucester , together with examining what strength they had , examined also the grounds of their perseverance . a common-councell was held , where the officers of the souldiery were present ; their late protestation was called to remembrance , and read there ; by which they were all obliged , never to act or comply with the adverse faction . upon which consideration they heightened their courages , and unanimously resolved to refuse the tender of peace . privare cares were then forgotten , and not onely men , but women and children , acted their parts , in making up those defects that were in the fortifications . in this condition stood gloucester , when the king in person attended with a great and gallant army , full of the flower of english nobility and gentry , was come to besiege it , being the tenth of august , . part of the kings forces , some daies before , had been discerned hovering on the top of the hills ; and a summons had been sent from prince rupert to the city : to which the major gave answer , that he kept the towne for his majesties behoofe , and could not render it . which answer , though laughed at by those of the army , the major conceived very justifiable , and that he did truly hold it for the use of his majesty , but according to the sense of both houses of parliament . the king was full of indignation , that such a forlorne city should stand out against him ; yet he desired to gaine it without blood , and losse of time , which seemed then pretious in his full carriere of victory . to that purpose he came in person before it , that the reverence or terrour of his presence might prevaile with them ; and being come before the city , he gave this honourable summons by two heraulds of armes . charles rex . ovt of our tender compassion to our city of gloucester , and that it may not receive prejudice by our army , which we cannot prevent , if we be compelled to assault it : we are personally come before it , to require the same , and are gratiously pleased to let all the inhabitants of , and all other persons within that city , as well souldiers as others , know , that if they shall immediately submit themselves , and deliver this city to us , we are contented freely and absolutely to pardon every one of them without exception ; and do assure them in the word of a king , that they nor any of them , shall receive the least dammage or prejudice by our army , in their persons or estates : but that we will appoint such a governour , and a moderate garrison to reside there , as shall be both for the ease and security of that city , and the whole country . but if they shall neglect this offer of grace and favour , and compell us by the power of our army to reduce that place ( which by the help of god we shall easily and shortly be able to do ) they must thank themselves for all the calamities and miseries which shall befall them . to this message we expect a cleare and positive answer , within two houres after the publishing hereof ; and by these presents do give leave to any persons safely to repaire to , and returne from us , whom that city shall desire to imploy unto us in that businesse . and we do require all the officers and souldiers of our army , quietly to suffer them to passe accordingly . after some debate upon this message , an answer was drawne and consented unto , both by the citizens and the souldiers ; which was presented to the king by serjeant major pudsey , and a citizen ; as followeth : we the inhabitants , magistrates , officers , and souldiers within this garrison of gloucester , unto his majesties gracious message returne this humble answer , that we do keepe this city , according to our oath and allegiance , to and for the use of his majesty , and his royall posterity ; and do accordingly conceive our selves wholly bound to obey the commands of his majesty signified by both houses of parliament ; and are resolved , by gods helpe , to keepe this city accordingly . the king received this answer to his summons , without any expression of choller or indignation , seeming onely to wonder at their great confidence , and from what hope of reliefe it should proceed , using these words before the messengers , waller is extinct , and essex cannot come . but by this time the kings army was drawne into the fields about gloucester , prince rupert and generall riven facing it on one side with about six thousand horse and foot , and two thousand horse on the other ; and immediately after this answer , advanced forward into the suburbs , on the east side of the city ; but were there entertained with an hot skirmish , and fired out . for upon the returne of the messengers , the suburbs were set on fire , and flaming round about , became an object of great terrour ; by which the citizens seemed more ingaged to pursue their resolution ; and the kings army to settle themselves for gaining by force what they perceived would not be yeelded on other termes . that very night the kings army began their intrenchments within musket shot of the walls , on two sides of the city , taking advantage for their security , of the shadow and shelter of some few houses which the flames had not catched . which being perceived , the musketeers plyed them from the walls , but could do little hurt so against the pyoneers ; which caused the besieged to make severall sallyes by small parties into those trenches , and at some places beat them out , gaining both armes and prisoners , and retreating safe . sir william vavasor had advanced with his welch forces on the west side , and made neere approach that way , intending to joyne with other forces that came from worcester , and had drawne themselves together on the north-west side . on the south side generall riven placed his leaguer , taking advantage of a rising ground in the midst , to shelter himselfe from the shot of the besieged . sir jacob ashley , who in the first skirmishes had received a wound , was quartered with a strong brigado at the east side of the city . thus was gloucester on all sides blocked up , and nothing expected but a most furious and bloody businesse . the kings commanders , being many of them gentlemen of great skill , and experience of conduct , had made their approaches ( by the confession of all ) with as much advantage as could be ; and placed their batteries accordingly ; the souldiers on that side had shewed themselves very swift and indefatigable in their intrenchments , and as bold in all attempts which they made upon the towne . nor were the besieged behind hand in courage , patience , and activity ; as appeared not onely in their defences , but frequent sallyes ; the governour massey being admired by his enemies , for the great skill and dexterity which he shewed upon all occasions : of which i shall discourse 〈◊〉 particularly and at large , by reason of the great importance of this famous siege ; the condition of the whole kingdome depending so much upon the successe of it . many strange and successefull sallyes were made by the besieged . three daies after the siege was layed , an hundred and fifty musketeers , commanded by captaine gray , fallyed over the workes , upon the worcester forces , with whom the welch had not yet joyned , sell into their quarters , marched up to their maine guard , killed a captaine , with eight or nine common souldiers , tooke five prisoners , divers armes , burnt their guard , and retreated without the losse of any . captaine mallery , with the like number of musketeers , within a day after was commanded forth , to surprize some ordnance of their enemies , which were suspected to lye at a certaine place ; but finding none , retreated without losse , having killed some , taken a few prisoners , and fired part of their quarters . within a weeke after , another party of an hundred and fifty musketeers , commanded by captain crispe , sallyed forth , and fell into their enemies trenches under the towne wall , marched above halfe way thorow them , performed strangely , and killed above an hundred men , as was confessed by some of that side , and by the help of the musketeers on the city walls , retreated safe , without the losse of any , only two wounded . the besiegers proceeded with great skill and industry in making their batteries , and undermining at severall places ; which labour of undermining , at some places was made frustrate by water springs , and in others by the extreme hardnesse of rocky ground ; and where the businesse was more feasible , the skill of the governour prevented them by countermining . many granadoes were shot of great bignesse from their morterpieces into the towne , but guided by a strange hand of providence into such by-places , that they did very little hurt . one thing is worthy the relating ; when the welch and worcester forces of the king came up , and foure peeces of ordnance were drawne a good distance before the place of their leaguer , and one of them planted for battery ; a party of about foure hundred musketeers , commanded by major pudsey , and captaine gray , assisted by captaine faulkner , and captaine massey , fallied forth of one of the gates ; meane while a lieutenant with fifty musketeers , was sent over the works to give them an alarum , whilest the greater party got behind their canon and breast-works ; fell upon their maine guard , slew many officers , two canoniers , slew , or mortally wounded , about an hundred common souldiers ; tooke a lieutenant , with foure more prisoners , nayled their canon ; and retreated with the losse onely of two slaine , and foure taken prisoners . two sallyes of such parties were not long after made , though not with the same successe altogether ( by reason of some mis-guidance ) yet so much , as that they retreated without any sensible losse ; and were enough to amaze their enemies , that such small parties should runne up to their head quarters , force their men , and be able in that manner to recover back . and it was observed by those who well understood warre , that it was a more then ordinary providence , which did preserve and bring off those many severall parties , when the vanquishing of any one of them , must needs run the city into extreme hazard ; whose whole strength remained upon the workes day and night , except the reserve of an hundred and twenty men at the maine guard. one rare and slender ranke were to receive all the storme without seconds : yet it was the opinion of best souldiers , that the safety of the whole did require those frequent sallyes , as the best remedies for so desperate a disease : which did not onely retard their enemies preparations , but put them into an amaze , that the besieged should continue in such an height of resolution ; which resolution was to be kept up by the heat of action . and it was the governours care , to keep his enemies waking by continuall alarms , to wast and weary them . the kings army were still preparing for a generall storme , and striving in the meane time to waste the magazine of the town , which they hoped would soone faile , they spent their owne store , and daily acted to the terrour of the besieged ; shooting granadoes and fire-bals out of their morter-peeces ; and from one battery which they had planted , shot in one night above twenty fiery bullets , which flew thorow the ayre like so many falling stars , some eighteene pound weight , others two and twenty ; some of them passing thorow stables and hay-ricks , did notwithstanding by their swift motion , faile of kindling ; and , which seemed strange , could not set one house on fire . many mynes and countermynes were every day working with great industry on both sides , the governour massey , striving to animate his men , and prevent the townes despairng , by shewing the probability of a sudden reliefe ; withall adding , that their so late yeelding would not at all mollifie the kings army . on the other side , the king seemed loath to invite them to yeeld solemnly by publike summons , least he should detract from the honour of his enterprize . yet many dealt with them underhand , by advertisements of the kings displeasure , using also perswasions , and some intimations of the possibility of grace . chap. vi. the expedition of the lord generall essex for reliefe of gloucester . the great battell of newbury described . whilest gloucester was thus besieged , and the siege so straight , that no intelligence could possibly arrive at it ; the parliament , who after serious considerations and debates , had for the present resolved upon the reliefe of that city , as the onely meanes to preserve the kingdome ; were as much straightned how to proceed in the businesse , with that expedition which was required . to recruit an army so much wasted as the lord generals was , seemed too slow for this service ; and therefore the trayned bands of london , and their auxiliaries , must of necessity be made use of : those that were well affected to the parliament incouraged each other to the worke : the disaffected on the other side , laboured in all discourses to breed despaire of the atchievement , and to discourage the lord generall from marching ; false reports were every day raised in london , that gloucester was taken . the lord generall essex was fourescore miles off , with no present or visible army at that time ; his march lying thorow those countries which were already harrowed by the enemy : insomuch that all considered , it was a question which was more wonderfull , that he undertooke it , or that he did it . the parliament was at that time so farre sunke , both in strength and reputation , and so much forsaken by those who followed fortune , that nothing but an extraordinary providence could make it againe emergent . the cause , and very being of it , was now at stake ; by the successe onely of this expedition to be redeemed or quite lost . but it pleased god , that according to that extremity , the resolutions of men were fitted . the city regiments and auxiliaries came cheerefully in , to performe the service ; and that poore remainder of the lord generals old army was with all speed recruited . an army was likewise intended to be speedily raised for sir william waller to march after , as a reserve . but that was not so suddenly done as the occasion required ; if it had , and that sir william could ( as was intended ) have come in with a supply at newbury , it was the opinion of most men , that the kings side had received an irrecoverable defeat . on the . of august the lord generall essex on hownslow heath , ten miles from london , mustered his men ; where almost all the members of both houses of parliament rode with him to survey the army ; and toward evening tooke leave of their generall , who marched on , and that night lodged at colebrooke . upon intelligence of this armies advance , prince rupert , with the greatest part of the kings horse , drew off from gloucester , to oppose their march , and take what advantages he could against it : but the king with his maine army continued the siege , resolving so to do till the last houre ; hoping that every moment might worke somewhat for his end ; either by failing of the townes store of ammunition , or some other want that might happen . neither was that hope without reason . and so much more wonderfull was the fortune of that towne , to be relieved at such a nick of time , when their ammunition was so farre consumed , that but three single barrels of powder were left in their magazine . on saturday the . of august . the lord generall essex began his march from colebrooke to beckensfield , and so forward to beerton , where he cloathed his army , and marched on . the city regiments and auxiliaries joyned not with the lord generals army till the first of september , when the generall rendezvouze was on brackley heath . but before the joyning of all their forces , a small party of the kings army , consisting of . horse , had faced a part of the parliament army , and skirmished with them about bicister , but soone retreated upon the approach of greater numbers . the generall taking up his head quarter at aynow , sent a regiment to quarter that night at deddington under the conduct of colonell middleton ; who hearing there of two regiments of the kings horse , sent two companies of dragoones , and a party of horse to approach the towne . but the kings horse retreated to a passage toward oxford , where the lord wilmot was with . troops more . the next morning two parliament regiments , conducted by middleton and sir james ramsey advanced to that passe ; where their enemies stood in two great bodies , and after some skirmish gained the passe , placing dragoneers to maintaine it . but the kings forces drew up againe toward it , and were received with a very hot skirmish , which lasted many houres , till at last the kings forces made a retreat ; but perceiving that colonell middleton marched back toward the maine army ( which he did by the lord generals command ) they sent a party of horse to fall on his reare , who followed them thorow deddington but were beaten back thorow the towne in some confusion . the losse of men in these skirmishes was not much on either side ; neither could it certainly be knowne , but was imagined by the parliament side to be more on their enemies party then on theirs . the lord generall with his owne regiment of horse , and the lord gray , quartering at adderbury , upon intelligence that some of the kings horse from banbury were abroad , sent out a party from both regiments , who beat them in againe , and pursued them into banbury towne , whence they tooke divers horses and prisoners , those in the castle not daring to stirre out . the generall marched from thence to chipping norton , where some of the kings forces appeared againe , but soone retreated , as they did almost every day , during the march of that army . on the fourth of september , when the lord generall marched toward stow the old , he sent colonell harvey with his regiment of horse , and two regiments of foot , to advance a little before toward the right hand , and the city regiments upon the left , under the conduct of lieutenant colonell baily , generall adjutant of the foot. prince rupert appeared with about . horse , drawne up on the hills , facing the parliament forces , and sent a strong party of horse into a bottome neere stow on the old , to incompasse colonell harveys regiments . which being perceived , three regiments from the vanne of the parliament army advanced to his rescue , and made that party of the kings forces retreat to their maine body : many skirmishes there happened , but little losse on either side . from thence the generall marched in the foot of his infantry , sir james ramsey in the reare , and sir philip stapleton had the van guard. when the kings horse againe appeared , and were by sir philip stapleton , and others of that army encountered with divers skirmishes ; but they retreated in a great body , and still appeared before the parliament army , as they marched on , for the space of seven miles . on the fifth of september the lord generall advanced , and came to presbury hills ; where he drew up his whole army in view of the city of gloucester , and discharged foure peeces of great ordnance , to give them notice of his approach . soone after he might discover the kings quarters on fire : for upon the lord generall his advance , they deserted the siege , and marched away all night . the reere-guard of the lord generals army , some ordnance and ammunition , stayed on the top of the hill , by reason of the steepnesse thereof , darknesse of the night , and tempestuousnes of the weather , whereby ( besides a famine of victuals ) the whole army had for three daies march before extremely suffered , through a country that their enemies had already destroyed . but the lord generall marched from thence to cheltenham , though during his march , the kings forces skirmished with some parts of his army , and divers times beat up his quarters whilest he stayed at cheltenham , which was two daies , till the eight of september , when he marched with his whole army to gloucester ; and was there with great expressions of joy , and much honour , received by that long besieged , and now rescued city ; the generall much extolling the skilfull valour , and indefatigable industry of colonell massey , and praising the patient constancy of the city ; they on the other side highly honouring his excellency for bringing them this reliefe , thorow so many difficulties , discouragements , and disadvantages ; both joyning in thanks to almighty god , for his divine providence over them , and great mercy in sending so timely a deliverance . the lord generall lodged two nights in gloucester , furnishing the city with ammunition , money , and other necessaries ; and from thence marched to tewksbury , staying betwixt the kings forces and that garrison foure daies , to give them more time to furnish themselves better with provision of victuall ; which was to be brought from herefordshire , and parts beyond the severne , since the other parts had been before ransacked by the kings forces . when the generall with his whole army arose from tewkesbury , and intended to quarter at cheltenham , he was advertised , that a body of the kings army were then in cirencester ( which were reported to be prince maurice his forces ) and had there layed in great store of provision for their army . upon that advertisement the generall , his want of victuals and necessaries still continuing , and miserably increasing upon his whole army , made a long march with the van-guard of his army to fall upon them , which he did about one of the clock in the night , sending in a party of horse to seize upon the centinels and guards , whilest himselfe , with the rest of the horse begirt the towne ; and a forlorne hope of foot , with his owne foot regiment , entred the towne , and surprized two regiments of horse ( belonging to sir nicholas crispe , and colonell spencer ) which were by the confession of some prisoners taken , intended for raising a commotion in kent . the lord generall at that towne of cirencester took forty loads of victuall , which , under gods providence , was the preservation of his army , untill the day that the great battell of nembury was fought . he tooke there likewise six standards , all the officers , except the two colonels , which were absent , with divers other gentlemen of quality ; above . common souldiers , and . horse . the generall from cirencester , in short marches , not above five miles a day , went to cricklade , and to swinden , from thence intending to passe to hungerford . but when the van and body of his army had marched almost all over a●burne chase , a gallant body of the kings horse , consisting of about . approached hard to the reere-guard of his army ; which not being a sufficient number to resist them , indeavoured to make an orderly retreat to the body of their army . but the kings horse pursued so hotly both on reere and flanke , that those horse regiments of the generals reere-guard could not retreat but with confusion , and some losse . but being come to the body of the foot , they were drawn up againe into order , and faced their enemies , untill all the foot were marched . neverthelesse the kings horse againe advancing , put their enemies the second time into the like disorder ; till some of the generals regiments facing about towards them , charged the forlorne hope of the kings forces , consisting of . horse , and put them wholly into disorder ; and then charging the two regiments which seconded that forlorne hope , they routed them likewise ; but the kings horse came on bravely with fresh bodies , and stopt their enemies further pursuit . immediately followed a brave charge , made by two of the parliaments regiments , which was incountered with as much gallantry on the other side , so that they both retreated at one time . another charge was made by some regiments of the parliament army , and so answered by the other , that they were forced to retreat to their maine body ; at which time s●r philip stapleton ( who had the van-guard of the parliament army that day ) came purposely back , and drew up his regiment to succour his friends , which caused the kings forces to reti●e altogether ; and the night stopt any further proceedings . on the kings party in these hot encounters , were slaine the marquesse de vieu ville , with other officers of good quality , whose worth and valour appeared highly , though i finde not their names recorded . many common souldiers were there slaine , and one lieutenant colonell ; two lieutenants and a cornet taken prisoners . on the parliaments side were slaine of officers , captaine middleton , and captaine hacket ; divers officers were wounded , some common souldiers slaine , and co●onell sheffield lost a standard . the lord generall essex marched that night with his army to hungerford ; sir philip stapleton , who before had the van , bringing up the reere . the next day the famous battell of newbury was fought ; which battell may deserve ( because the condition of the whole kingdom so much depended on the successe of it ) to be related in a large and particular manner . but because i have found nothing written of it by those of the kings party ; and that there was a punctuall narrative published by some colonels of the parliament army , gentlemen of great and unstained reputation , concerning this battell ; which narrative i have heard some of their enemies confesse to be full , not onely of modesty , but truth in the generall , or for the most part ; let the reader be pleased to take it from their relation . if any thing may hereafter appeare of greater truth , it will not trouble any honest man to see it published . neither is it a thing unheard of , for men to describe their owne actions with impartiall truth ; since julius caesar is acknowledged to have written his owne commentaries , not onely of the gallike but civill warre , with so much cleare integrity , that his enemies had nothing to blame in it . take it therefore in their language . on tuesday the nineteenth of september , . we marched from hungerford towards newbury ; and when we approached within two miles of the town , we might discover the enemies forces upon an hill ; their whole army having prevented us , were gotten to newbury , and possest the towne . but the next morning , being wednesday , by break of day order was given for our march to an hill called biggs hill , neere to newbury , and the onely convenient place for us to gaine , that we might with better security force our passage . but when his excellency perceived that the enemies forces had possest themselves of that hill , marching himselfe upon the head of his owne regiment , colonell barclays , and colonell holbournes brigades , he charged so fiercely , that he beat them from the hill , and kept it ( rather gaining then losing ground ) the whole day . his excellencies regiment , and those other brigades , all the while they continued there , were hotly charged by the enemies horse and foote , whilest much prowesse was shewed on both sides . the generall in person bestirred himselfe , giving directions where-ever there was occasion , and present in all places of danger , discharged the part of an excellent generall , as the enemies themselves witnessed . but he considered not the danger of his person , whilest he laboured to maintaine that place , which of all others was most advantagious for his prospect . by this time came up the two trayned bands of london , who , though they were often charged by the horse and foot , stood to it with undaunted resolution . the battell thus begun by the foot , sir philip stapleton , with his excellency his guard and regiment of horse , advanced upon the plaine of the hill ; when he had no sooner drawne up out of the lanes end , seconded by colonell dalbeires regiment of horse ( no other horse being advanced to the place ) but the enemy perceiving this advantage , being all drawne already in severall great bodies of horse , part of them advanced immediately , and charged our horse ; whom we so well received ( giving no fire till we joyned close with them ) that the enemy was wholly routed , and pursued with much execution neere to the place where their whole body of horse stood . from thence by order we drew back to our first ground ; by occasion whereof , opportunity was gained to bring up the remainder of our horse , which had the van-guard that day : whereupon the enemy drew out some fresh regiments of his horse , and with all possible speed advanced againe upon sir philip , but received no bettter entertainment then before , being againe routed by him . by that time that he had drawne up his regiment againe into some order , the other regiments ( ramsey , harvey , goodwin ) were come up to him , when the enemy with their whole body charged upon them bravely , and were as well received . sir philip stapleton was here charged both in front and flanke , his whole regiment having spent both their pistols , and was so incompassed , that the enemy and ours , with both our whole bodies , were all mixed together ; and in this confusion many were slaine on both sides , and our men at last were forced towards the lanes end , where they first came in ; which being neere our foot , the enemies indeavoured to dis-ingage themselves , and drew back to their owne forces . those that entred the lane with ours were most of them slaine . we tooke three colours of horse compleat , and a peece of another colours . in the first charge colonell dalbeire , and commissary copley , charging stoutly , were both wounded . in the third charge captain hamond , captain fleetwood , captaine pym , and cornet doily , were all wounded . captaine draper , who had a forlorne hope of sir philip stapletons men , did good service ; as captain abercromy , and captain shibborne did with their dragoones . the left wing of our horse , commanded by colonell middleton , and the right wing of the enemies horse , could not be ingaged , but in small parties , by reason of the hedges . the actions of our horse thus described wholly ( because we were loath to interupt the series , for the readers clearer understanding ) returne we to the foot. major generall skippon in the morning , when his excellency ( as aforesaid ) was ingaged upon the hill , hastened to the top of the hill , where our van-guard was in fight ; having before ordered the march of our traine of artillery , and those that attended it ( which were the lord roberts his brigade , and his owne , sir william springers , colonell manwarings , and the red and blew auxiliary regiments ) to be neere to his excellency . looking from the hill toward newbury , he perceived a great strength of the enemy , both horse and foot , in divers great bodies advancing directly toward the way which all our traine was of necessity to march . to prevent therefore what he suspected , which was , that the enemy would fall upon our traine , or upon the reare of those that fought on the hill , or gaine that hill behinde us , our last nights quarter , or all ; he speedily disposed ( which his excellency did also send him a command to do ) forces in places most convenient : meane while the generall sending for more foot , that brigade wherein his regiment and springers were , with the red auxiliaries , were sent up ; placing the lord roberts his brigade , with foure small peeces , just where the enemy advanced , who gave them so warme an entertainment , that they made them run ; and the lord roberts possest the ground , which the enemy came first up unto : his lieutenant colonell was shot in the face . that forlorne hope which he had commanded the night before , being now strengthened with . musketeers , and led by major fortescue , major generall skippon placed on the left of the lord roberts his brigade , upon the high way that came from newbury just upon us ; upon which way foure drakes were likewise placed , and well defended , though the enemies came up so close , that they tooke away a limmer of one of our peeces , but it was with losse of many of their lives . colonell manwarings regiment was placed on the right hand , betweene the hill and the lord roberts his brigade . this regiment his excellency a while after commanded away , to the reliefe of his owne regiment , colonell barclays , and colonell holbornes brigades , which had been foure houres upon very hot service . it fortuned that this regiment was no sooner brought on , but they were overcharged with two great bodies of horse and foot so , that they were forced to retreat , and lose that ground which the forenamed forces had gotten ; which colonell holborne perceiving , with his brigade gave the enemy a round salvo , and instantly his owne , and colonell barclays brigades , and the generals regiment againe advancing , beat back the enemy , regained the ground , and made good the place all the day after . the blew auxiliary regiment was commanded to relieve and assist the forlorne hope , which had been three or foure times in their turnes at the point . the fight all along the valley ( more then half a mile in lenth ) was continued as long as in any other part of the army , which was till ten a clock at night ; about which time the enemy gave a good round salvo upon colonell barclay , and colonell holborns posts . these things ordered , the major generall rode up to the top of the hill , where he espyed an advantage to bestow eitht or nine demi-culvering shot upon the enemy ; who out of an house pelted the forenamed gentlemen at neere distance . then he rallyed the two train-band regiments into one body , drew them up , and placed them before , where the traine of artillery did afterwards draw up to the top of the hill , and desired major boteler to draw the musketeers of his regiment on the right hand before the two demy-culverings that were placed at the end of the lane , on the top of the hill ; and the red auxiliaries he placed on the left hand of those peeces , which before were slenderly guarded . the artillery was well ordered that day , by the skill and care of sir john merrick . while this was acting , two peeces which belonged to the major generals regiment , and one drake of sir william brookes , were by the generals regiment , under the command of major boteler , with the assistance of . musketeers recovered ; and the enemy drew away from their pikes ( which with their colours kept standing , with many great bodies of horse to guard them ) five or six hundred musketeers , besides dragoones , to encompasse our men on the right hand among the hedges ; just at which time his excellency sent to have . musketeers of the forlorne hope , to go to the reliefe of colonell barclay , and colonell holbornes souldiers . but then the enemy falling on upon our right hand , diverted them , who with other of our musketeers thereabouts , beat the enemy off , who else had done us great mischief . this was about foure a clock in the afternoone , when all our whole army of foot was ingaged in the fight . but then he also caused some of the red auxiliary regiment to draw neerer to colonell barclays post , as he himselfe required . at length night drew on , when the enemy , both horse and foot , stood in good order on the further side of the greene , where we expected their stay till next morning , and that they were working ( as was reported ) to place their canon , to make use of them against us when day should breake : against which supposed encounter we encouraged our souldiers before hand , and resolved by gods help the next day to force our way thorow them or dye . but it pleased god to make our passage without blows ; for the enemy was gone by night ; so that the next morning we marched quietly over the same ground where the battell was fought , and where the enemy stood ; for on thursday early , his excellency gave command for the armies march towards reading ; to which purpose it was all drawne up upon the heath , where the battell was fought ; and after that his excellency had given order for burying the dead , about ten a clock we began to march . colonell middleton , with his owne , and three regiments more ( lord grey , sheffield , meldrum ) and . commanded musketeers under colonell barclay , had the reere-guard : during which march , the enemy at a great distance shot from severall hedges , but troubled us not . when we came to a long heath , we drew up the whole army severall times , and no enemy appeared . but at the entrance of a narrow lane toward the evening , the enemy fell upon us with . commanded musketeers , and most of their horse , who caused our horse then in the reare , to make a very disorderly and confused retreat but when colonell middleton , with the rest of the commanders in the reare , hasted to charge the enemy with our foot , he made them retreat with as much confusion over the heath , as they had us before ; the losse not great on either side . lieutenant browne was taken prisoner . after this , the same evening the lord generall drew up the army to theale , and taking some refreshment there , marched the next morning , being fryday , with the whole army to reading ; where he stayed till the sabbath was past , and gave publike thanks for the great victory . this was a victory not denyed to the parliament , nor at all disputed ; although the lord generall essex , for want of victuals , marched away to the necessary reliefe of his army , and could not stay to pursue the victory which he had gotten . the number of slaine in that battell , were judged to be , by those who speak most moderately , foure times as many of the kings party as of the parliaments ; but others have spoken of a farre greater difference divers captains , as captaine massy , and captaine hunt , with others , were slaine on the parliament side ; but scarce any of higher ranke . three of the nobility fell on the kings side , the earle of carnarvan , the lord spencer ( newly made by the king earle of sunderland ) and the lord viscount fawlkland . after this victory , the lord generall was received at london with great joy and honour . the trayned bands and auxiliaries of london marched home in full companies , and were welcomed by their friends ; and met by the lord may or and aldermen at temple barre : and now the face of things seemed much to change , and the reputation of the parliament rise higher . at the time of this expedition for reliefe of gloucester , a cessation of arms was made by the king with the irish rebels ; of which , together with the great victories which small numbers of the english forces obtained over great multitudes of those irish rebels , before the time of that cessation ( which was here omitted , as not to interupt the relation of proceedings in the english warres ) there may be a larger discourse in the continuation of this history ; as also of the covenant which the parliament , and that part of the nation which adhered to them , about this time entred into with their brethren of scotland , for maintenance of the religion , lawes and liberties of both kingdomes . finis . notes, typically marginal, from the original text notes for div a -e in the english pope . sir ioh. temple . die jovis, . julii, . ordered by the commons assembled in parliament, that all such persons as have presented their petitions at goldsmiths-hall, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, . julii, . ordered by the commons assembled in parliament, that all such persons as have presented their petitions at goldsmiths-hall, ... england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london : ] title from heading and first lines of text. signed: h. elsynge cler. parl. d. com. imprint from wing. an order of the commons fixing august as the limit of time within which persons may "present their petitions at goldsmiths hall, or agree to their compositions." reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for compounding with delinquents -- early works to . estates (law) -- england -- early works to . attachment and garnishment -- england -- early works to . great britain -- history -- civil war, - -- confiscations and contributions -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, . julii, . ordered by the commons assembled in parliament, that all such persons as have presented their petitions at goldsm england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , . julii , . ordered by the commons assembled in parliament , that all such persons as have presented their petitions at goldsmiths-hall , or agreed to their compositions , and shall not come in before the the first of august next , and prosecute their compositions to effect , shall lose the whole benefit of the favour intended by their compositions , and bee reputed among those that still stand out , and have not rendred themselves to the parliament . this to bee forthwith printed and published : and that the care hereof bee referred to the committee at goldsmiths-hall . h. elsynge cler. parl. d. com. from the committee of sequestrations, sitting at cambden house in mayden lane, london it is desired by the committee for sequestrations of the estates of papists and delinquents within the jurisdiction of the lord maior, that for the ease of those who have liberally contributed to the parliament, ... england and wales. parliament. committee for sequestration of delinquents' estates. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) from the committee of sequestrations, sitting at cambden house in mayden lane, london it is desired by the committee for sequestrations of the estates of papists and delinquents within the jurisdiction of the lord maior, that for the ease of those who have liberally contributed to the parliament, ... england and wales. parliament. committee for sequestration of delinquents' estates. penington, isaac, sir, - . sheet ([ ] p.) s.n., [london : ] title from caption and first lines of text. imprint from wing. an order from the committee for sequestration of delinquents' estates, requiring ministers to give public notice of the ordinances for the sequestration of the estates of all papists. dated at end: dated at cambden house aforesaid, the of septemb. . hen. linch, clerk to the said committee. signed at end: let this be read and published, as is desired. isaac pennington, maior. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . attachment and garnishment -- england -- early works to . estates (law) -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no from the committee of sequestrations, sitting at cambden house in mayden lane, london. it is desired by the committee for sequestrations of england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion from the committee of sequestrations , sitting at cambden house in mayden lane , london . it is desired by the committee for sequestrations of the estates of papists and delinquents within the jurisdiction of the lord maior , that for the ease of those who have already liberally contributed to the parliament , and for the better putting in execution the ordinances for sequestrations , the ministers and lecturers of each parish do the next lords day ( being the first of october ) give publike notice in each parish church , that the rents and estates of all papists are to be sequestred by the said ordinances , and of all such who have voluntarily contributed any ayd or assistance to the forces raised against the parliament , or have gone , or shall go to any of the kings armies , or other forces raised without consent of both houses of parliament , and have there continued , and shall not , within ten dayes after sequestration of their estates , shew sufficient cause to the said committee of their absence ; and of all such as shall fraudulently imbezzle , conceale , or convey away any part of their estate , without valuable consideration , thereby preventing the payment of any taxes or assessements laid upon them by any ordinances of both houses of parliament ; or that , after any such tax laid on them , convey themselves away , whereby such tax cannot be executed on them , or on their estates , according to the said ordinances : and that for the discovery of such estates so imbezzeled and concealed , belonging to such papists and delinquents as aforesaid , the said ordinance alloweth twelve pence in the pound , to be paid to every person so making discovery to the said committee . dated at cambden house aforesaid , the of septemb. . hen. linch , clerk to the said committee . let this be read and published , as is desired ▪ isaac pennington , maior . the true declaration of colonell anthony welden, to the honourable hovse of commons of those services hee hath done them, the ill encouragements hee hath had by the unjust oppressions of some potent adversaries for their owne private ends, hath caus'd his infinite sufferings, all which humbly representeth to them, craving reliefe from them as fathers of their country to relieve the oppressed. weldon, anthony, sir, d. ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the true declaration of colonell anthony welden, to the honourable hovse of commons of those services hee hath done them, the ill encouragements hee hath had by the unjust oppressions of some potent adversaries for their owne private ends, hath caus'd his infinite sufferings, all which humbly representeth to them, craving reliefe from them as fathers of their country to relieve the oppressed. weldon, anthony, sir, d. ? [ ], p. [s.n.], london : . reproduction of original in huntington library. eng england and wales. -- parliament. -- house of commons. a r (wing w b). civilwar no the true declaration of colonell anthony welden, to the honourable house of commons of those services hee hath done them, the ill encouragem weldon, anthony, colonel f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the true declaration of colonell anthony welden , to the honourable hovse of commons of those services hee hath done them , the ill encouragements hee hath had by the unjust oppressions of some potent adversaries for their owne private ends , hath caus'd his infinite sufferings , all which humbly representeth to them , craving reliefe from them as fathers of their country to relieve the oppressed . london imprinted . the true declaration of colonell anthony vveldon , to the honourable house of commons , of those services he hath done them , &c. being by the earle of l●icester sent to relieve the fort of duncannon in ireland , at the present besieged by the rebells , and in such distresse , that at my entry i found the lord esmond governour , had sent to treat with their generall at kilkemy , but our unexpected succour , broke off the treaty ; our provision decreasing , made us consult to prevent the danger might ensue , so that my returne to the parliament , was commanded by the governour , his letters and instructions given me to the generall , and both the honourable houses ; the contents was a demonstration of the dangers and wants already past , the defect of provisions and other necessaries present the perticular service our new forces had done ; a narration of his owne former sufferings by the earle of strafford , and la●ely suing for a regiment for his present subsistance ; having lost his estate , and had hereto●ore beene major generall in ireland ; he requested i might bee his leivtenant colonell ; after my arrivall here , and delivery of his letters , i sollicited for my dispatch , received a thousand pound for the reliefe of the fort , disburst it , according to the generalls instructions at bristoll ) in which i found both losse and trouble ; being unaccustomed to such imployments , yet i hasted , so that in seaven weekes i came and returned , wee having as yet no newes in the fort of the kings standard set up . my lord esmond ( in outward appearance ) seemed fierce against the rebells , yet his private correspondency with his sonne in rebellion and other rebells , ( his lady alwayes amon●st them ) breed no small suspition in us ; more especially when hee detained pap●sts at his ow●e table in the fort● all which i had compl●ined of at my being in england , and had he not promist me i● shold be remedyed ere my re●urn● : but finding all contrary to my expectation , and the papists stil remaining , though i oftentimes complained that by this intercourse with the rebels they gave them sp●cial notice of all our actions in the fort , which occasioned that we seldom or never undertooke any enterprise , but were betrayed in it , i informed him of his owne officers , which since had like to have betrayd the fort , ( as i was credibly informed ) which actions infinitely discouraged our officers and souldiers . not long after entred sir henry stradling , the vice admirall into our harbor , who advertised us first of the kings levyes , and exprest much uncivill l●nguage against the proceedings of the parliament at the governours table , perswading also the governour to take away the ordnance and quit the fort , telling him the parliament could not be able to relieve him . sir henry perceiving me to be averse to his inclination , he councelled the governour against me , and although he had pub●ikly professed he lov'd me , as his child , yet on the suddaine i found him quite contrary , in giving me uncivill language , and cavelling with me on the l●ast occasion , inciting both his owne and my souldiers to mutiny against mee● i endured al● his aff●onts with much patience , as captaine iourdaine , and captaine brooke can testifie , their shippes b●ing then in the harbour , and both of them now in the service of the parliament . after a while sir lewes kirke entred the harbour , having beene already ( as himselfe confest ) in most of the garisons or s●a ports , and amongst the reb●lls , to sound how commanders affections stood towards his majesty , he demanded of my l. for whom he held the fort , who answered for his majes●y who gave him his commissio●s . i r●quested the governour to detaine him as a spie , but could not prevaile , and he wrote to his majesty by sir lewes who returned with s●r henry stradling for england . these passages gave me occasion to advertise the gen● and the committee , and drew up articles which i sent by captaine brookes ; my lord having notice of it would not permit him to goe forth the harbour , untill by a wile hee got cleare which my governour perceiving , made a complai●t against me to the earle of ormond , hoping thereby to suppresse the articles i had sent hither against him , but hee after desiring me if i would recall mine , he would not prosecute his complaint of my di●obedi●nc● ( as he termed it ) for th●se proceedings . but knowing my selfe cleare from all aspe●sions or transgressions whatsoever , requested ( according to the tenor of ormonds letter ) i might be sent to dubline which he refused , untill such time as he heard that captaine brookes had not delive●ed my articles , by reason my lord of leicester was not in towne . after which he sent me to dubline , with an intention to have me detained , until he had made his complaint unto the committe●●here against me , by bunbery his soliciter , seizing on a●l my goods , not permitting me to take mine owne man with me to dubline , detayning likewise three monthes of my paye , pe●swading himselfe his power with my lord of ormond , could crush mee , when i came to dubline i found the officers so generally set against the honourable parliament that i expected no redresse , notwi●●standing my often petitioning my lord ormond , the councell bord , and martialls court , and all in vaine , for a tryall , having sp●nt six weekes time , without any hopes of a hearing , or expectation of justice . then i addressed my selfe to the parliaments committee mr. reynolls , and mr. goodwine , making knowne my grievances unto them , they being sensible of my oppressions , wisht me to repaire to the parliament , being i could not expect any reliefe there , i followd their advice , and comming to chester , i encountered with the earle of leicester , to whom i complained , and resigned my commission . his answer was that at present he could not right me , i then repaird to the committee of safety , and also to the committee for irish affaires , whereof mr. goodwine was chaire-man , but they having businesse of greater consequence in hand , i could not have redresse , although i fully acquainted them in what danger the fort stood through my lords disaffection to the parliament , so not only my owne desires , but my extreame wants , being nine monthes pay behind hand , besides two . hundred pounds disburst for the parliaments use in the reliefe of my souldiers with clothing and other provisions , all my other goods seized on , for all which to this houre , i have not received the least satisfaction . these with my present wants forst me to seeke imployment , notwithstanding this and the fort which i saved endured all this misery for , was disposed to sir arthur lo●tus , my sufferings no wayes thought on . the officers which since deserted my lord know these particulars for truth , which i shall sufficiently prove when it comes to questioning . his usage to captaine austen , made him in discontent , since to procure his company to be sent for into england , and are now against the parliament , ( whom i am sure were formerly all firme for them at my departure , as under their owne hands will appeare , and which i have to produce , together with their joynt petition to be delivered from his cruelty , which might have beene prevented , could i have beene but heard on my complaints . i shall be briefe in my relation of the lincolnshire imployment , having formerly printed a manifestation touching the injuries were there done unto me . the committee of safety were pleased to imploy me as mojor to the earle of lincolnes horse regiment , but at my arrivall at lincolne , i perceived the commitee were not pleased , that any officer should be put on them , but of their own choosing . this they shewed by the deniall of my order from the committee of the safety ; for my mounting mony , out of the proposition money then remaining in their hands , and they to raise my troope forthwith : but the earle of linco●ne knowing their drift being to put on him an o●●icer of their owne choosing , told them he would have none but my selfe , unlesse they shewed cause to the contrary , and that if they denyed me his major , he would leave them , so to please him , they accepted of me at the present , yet sir christopher wray told my lord ( to put him out of conceit ) that although i had done good service in ireland , yet since my feather had beene lately plu●kt out of my hat in westminster hall , but he enjoynd him not to tell me of it , the words were hardly spoken , but ●e came , and complementally embracing me , said , rather then they would part with me , i should have my owne desires , when the country refused maior generall ballards command , the committee were pleased to send their two regiments of horse , under my command , and all their dragoones to quarter as neare new●rke as i could to hinder their incursions . but i soone perceived the mutinie of the troopes for want of pay , the committees severall odde warrants , and the want of discipline in the commanders , made me rather desire to be commanded , then command such forces with these defects . and my good hap was , that the commit●ee for feare of any losse , on the miscariage of major griffins troope , ●e●c●ld all their forces backe to the city . i referre my cariage to the report of their commanders then under my charge , who confest they had not seene any forme of the least discipline in any commander formerly there , it chanced at our return there was a mutinie amongst the gari●on of foote souldiers for want of pay , insomuch they were laying downe their armes , and abandoning the cit● . the committee then requested me to accept of the government , which to pleasure them i did , and got in the tax , which they had imposed , yet knew not how to levy i● . i paid the garrison of foote their ar●e●res , and they neither did , nor can taxe me with the least misbehaviour , however they were pleasd to call in captaine hotham , i ●earing what disservice his disobedie●ce did in yorkshire , knowing he could never command well , that knew not how to obey , besides hearing from some of the committee that letters were intercepted of his going to the queene , or her● comming to him , which manifested his falcity . these with other affronts which i have received from some of the committee , gave me iust occasion to lay down my commission ( knowing by their first usage , they made but use of me to serve their owne turnes ) which i did the sooner , for that the earle of lincolne , whose regiment i first commanded , had on hothams comming ( for the reasons before mentioned , ) ●eft the committee , and retyred to his owne cas●le , they could not impute the least misbehaviour ere my departure , yet a while after i was gone , scandall swere raised on me , of which ●nowing my selfe no wayes guilty , set forth that manifesto , which this hononrable house of commons were pleased to referre to an expresse committee , sir hen. colmy being chaire man . i made good the contents , and did much presse sir henry to finish and make report to the house , which seeing , i could by no meanes effect , & that with wayting i had spent the monies my imployment yeelding mee in lincolnshir● , sir michael lucy at that time requesting me to be his major which i tooke as a favour , in friendship to deeme mee worthy of . but i soone found his disposition , to bee timerous and treacherous to his friend , which made mee more circumspect , then to enter into too much fami●iarity , yet observed that respect as was fit for me towards him . it was the generalls pleasure , at our first comming into the army , to command his whole regiment on service● wherein my selfe , and most part of the regiment perceiving a backwardnesse in sir michael , which gave the army an occasion to speake , and that indeed to the disparagement of the regiment . they reporting i would have fallen on , but tha● he would not give way . this newes was carryed also into kent , which whither it troubl●d him , or he suspected me , i know not , but i was so farre from accusing , that i excused him , laying the fault on the guide , though indeed my colonells fault . this the generall may testifie , but after this i found his neglect and slighting , yet i ever temporized ( though against my nature ) so that no publike discourtesies past , only once i told him , in the presence of captaine westrow and captaine kenr●ke , that i discovered his hollow● heartednesse , which made mee keepe the greater distance . i heard of his often repinings , yet can he never say , i ●ither neglected my duty or his command in the least , and it much troubled him . the generall commanded me on the passe at p●lbery● and it troubled him yet more when the deputy leivtenants commanded my troope home● and not his , which when i saw i offered to stay in his roome , for which he and capt. w●estrow used me so discourteously , that they wrote to have my troop put under sir richard ●reenfields regiment , which the deputy leivtenan●s rese●ted as an affront to me , themselves . to this purpose i have the answer of their letter , and i perceived he would take the advise of the younger captains , and not mine in the least , yet for all this and many discourteous carriages , i never complained to the deputy leivt●nants or any other . not long after , i was againe summoned with my troop to goe forth ; i being in a readinesse with . horse , and a months pay , which each rider brought in , at the instant of our march . my leivtenant being at the committee heard sir henry heyman say at the committee hee knew no reason why sir michaell l●cy should not have the disposall of the monies of my troope , ( so i should have beene his clerke ) this i conceived to entrench either on my honour or honesty , or both , which indust me to write a letter not naming any perticular person , but dated it to sir henry heyman . the contents were , i wonder any should put such a question , when as i was never taxed , nor did i feare any publique questioning me of the least misdemeanour ; i resented it so much , that i requested if they suspected mee , they should choose another major , for that i desired not to serve where my actions should breed the least suspition , and i perceived i was not likely to please all their pallates . but i expected some satisfactory an●wer for so unreasonable a question . i wrote indeed the sharper style , imagining the colonels intimacy with sir henry heyman , had put this plot on foote , to give me discontent , which since i have found to be true ; for i knew before the colonell endeavoured to shuf●●e mee out . this was the answer i received of my letter , that though any thing had beene spoken to my disadvantage , yet was it no mann●rs in me , to tax those who were my pay master● , and commanders , and if i liked not the imployment , i might leave it when i would . truely a man would conc●ive this to be no sufficient answer to quench my resolution or passion . i returned answer , i would hold it , but untill they could provide another , neverthelesse advanst to kingstone by their order , and repaird to the gen : ●or his order , ( expecting some present designe ) who forthwith gave it to m●tch with . troops to okingham , & receive there further order from sir w. bal●f●rd , i dispatched my quarter master forthwith , and willed him to shew the generalls order to my colonell if he were at kingstone ; the colonell told him i had nothing to doe with the regiment . now the deputy leivtenants had sent my col. and captain s●inner , to know if my resolution were still the same . but by my colonells answer to my quarter-master , he himselfe taken contrary to their order , the autho●ity to cashier me ; and for feare i should repent of my ●ormer resolution , had by his own and some other officers invited the officers and souldiers ( on his request ) to v●te me out , a● his troop did at his own lodging . i tooke no notice to hinder the pre●ent mutiny , but charged my tr●ope to be quie● , whilst i repaird to my generall th●n at moor●on , and info●med him of all passages , withall demanding ju●●ice : but i found him not willing to b●e●ke of● with sir michael l●vesy , ( for which hee had a good requi●all afterward ) but put me to goe to the deputy leivtenants of kent . hereupon i delivered up my commission and went to the deputy leivtenants , who g●ve me this slight answer , it was my jelousie only , notwithstanding i offer●d proofe ? and ●●eing my complaint thus refuted , i resolved to right my selfe , and presented my selfe as a voluntier to sir william waller , with . hor●●s and foure men in a●mes , on mine owne charge . and as soone as i understood where sir mich●●ll l●●y was , i sent a letter of that natu●e , that i knew it must needs vex h●● , if hee had the least spirit in him , but perceiving him nothing mov'd at it , least hee should smother it , i sent a copy of it to them at knowle , to let them know i resented it so farre as that i had ques●iou●d him . after this i sent him another letter , the latter end thereof was a challenge , wherein hee had that liberty to choo●e his champion , if hee durst not fight himselfe , and i would make good what i writ him by du●ll , a councell of warre , or before the parliament . but the onely course he took was by complaint to the deputy leiutenants at knowle ; whom he knew could no wayes question m●e , i having quite cleard my selfe from them , yet it seemed hee had got a party before hand , as is cleare in the sequell of their proceedings . i hearing of his complaint went voluntarily downe to let my countrymen see , that not the least action past from me , which i durst not justifie , or referre my selfe to them ; but i found , ere i began almost to utter my selfe , a party of his friends , and onely those whom were his former professed friends , to fall on mee in that bitter language , as telling mee i wan●ed manners , i was insolent , and sho●ld be clapt by the heeles , and all for nothing but denying to refer●● my selfe to them , who had not the patience to containe themselves untill i had put it to them . my resolution being ●ixt so to doe at first comming , but i returned too much unsatisfied , with that language that i wrote a letter to major sidasku , in which i mentiond such language as i received from them , retorting the same on themselves , sir michaell lucy getting the letter , ( though he durst not shew his owne ) yet sent this to henry heyman , who ( was pleased by an order from the committee to get me committed to ely house ) without hearing the g●ound , in my owne defenc● . the depu●ie lieutenants in the intrim preferd these articles against me , or at least they were preferd in their names , which were never seene or knowne to the major part of them . i thought necessary to insert them here with my answer . . that what in me lay , i endeavoured to provoke the colonell to a du●ll , endangering thereby a muteny in the army , and in the disturbance of the vnion and peace of the county . to this i answear● . that though all such actions as appertaine to honour or martiall discipline , ought to be tryd by a councell of warre , more especially this acted abroad , and in all warres o● chri●stendome , a commander may challenge ( and that iustly ) that priviledg ( though not granted me hereupon my earnest request , yet doubt i not but my answere will give good satisfaction to the honourable house of commons , as for any fact concerning honour ( justice being delayed or denyed ) gives a commander liberty to right himselfe . i fi●st repaird to my generall , and made my complaint to him , next to the deputy leiutenants as i have formerly related . then they forct on me this way for my vindication , yet it cold no way●s en●anger mutiny in the army , i bearing no command therein , nor disturbance in the county , the quarrell there not being begun , prosecuted nor ended in the same county . i shall willingly submit to any punishment , if it shall appeare i endeavoured to raise any party , either in the army or county , to the nourishing of this quarrel . . the second article was , that i had sent letters of factious nature to the committee in sussex , as their conceite was , to engage a party here in my private quarell , to the hazard , and division of the two associate counties . to this i answere . though conceit be no true ground for an accusation , ( they in kent not having any reason to accus● me , when those in sussex to whom the letter was written , were no wayes sencible , nor ever taxt me for the same . besides to accuse me when some of them annimated me to vind●cate my sel●e was not faire . but to the contents of the article . i being commanded by the generall to guard a maine passe , commanding most of the country that was to furnish the army , with provi●ions and workmen . the generalls severall orders commanding me to send severall horse parties abroad for provisions , which was the provant masters duty , yet in obedience to his commands i executed his warrants , also to take horses , all which said warrants are produceable . this cannot 〈◊〉 be conceived , but to be a painfull and thanklesse office . notwithstanding it shewd in mean endeavour to negl●ct no meanes or opport●nity for the publicke good● for which the malignants were pleased to lay the title of a plunderer on me , whi●h soone flew to knowle in kent , and was there increast and nourisht , by my adversaries , so that this ●owle aspersio● being cast on m● , i could not but in honour vindicate my selfe , which was by giving no●ice to all the committees , that before , i went out of their coun●ry , if they could fix any unjust action on me , i would make satisfaction . i shewed them the generall severall warrants , and particular in bellingshurst at a grand meeting in the face of the whole country , i delivered my selfe to them , as formerly demanding no favour , i remained there a month after , and certified the committee , whose answer is extant , viz , that they never knew or heard of any complaint as then . however hearing the scandall still to continue after my departure , ( and divulg● by some of them ) of the committee i sent them a letter in my owne vindication , which is termed factious . i thought good to insert her● the contents of a letter from my generall sent me there , which was that of all the officers under his command , not on● applyd himselfe more seriously to the parliaments service , then my sel●e , he not doubting but in the issue i should reape the honour , but i am sure i am not now in the way to it , my gen●rall heard as bad a report ( untill he saw my act●ons ) and that by some of my lincolnshire back-friends , i thank them . and after he acknowledged they did me injury . for the close of the article i end as with the first . touching the last art●cle , it was but my opinion , and that not only mine , but mr. franklines and mr. iames , two of the deputy lieutenants , heard ( men of better quality then my selfe ) confest mine to be true in westminster hall , and whether it be well in them , to tax me for a relation their owne curiosities desired of me at my returne , iudge . when i exprest it , i protest i neither knew , saw , nor heard , of any order for thanksgiving , nor could i divert any , staying but a day in kent , and that with themselves at knowle . but upon my second going to knowle , i confesse captaine blunt to affront me , telling of the ordnance : my answer to him was , what i said i could justifie , though not in contempt of any ordinance . and if any can prove , that in the least manner , either in word or action i ever strove to divert any , or that i have done the least thing prejuditiall to the state ; i desire no favour but the extreamest of their rigour . i trust these answers will prove satisfactory till any object the contrary . i shall give now the grounds how these articles were drawne against me . it was for that i denyed to submit to the deputy lieutenants censure , as was reason for these causes . . in that they denyed me right on my former complaints . . that the other partie discovered themselves more then indifferent . . that they professed themselves partyes , my accusers therefore not fit to be my iudges , and it was more for their owne privat revenge then the publike good that they preferd them . my reason is , because they had the two former articles in their knowledge and custody two monethes , and they tooke my accounts and paid my arreares , yet questioned not me in the least , which if they had conceived them any way prejuditiall to themselves , they had then iust reason to detaine my pay , untill i had given dew satisfaction . if they were preiuditiall to the state , how can they answere the covenant which binds them immediatly to discover any thing preiuditiall to the state . as they pretend these to be preiuditiall to the p●rliament , why did they not charge me before this difference , nay i am confident they had never taxed me , but for the difference , nor can they nor any of them deny this . all this while i suffered imprisonment , though i offered any submission or satisfaction for that letter which their owne uncivill language urgd me to . the committee of examinations would not release me untill i had brought a certificat from the deputie lieutenants , neither would the deputie lieutenants grant me that unlesse i would referre sir michaell lucy●s businesse to them which was an unreasonable demand of them being they professed themselves parties in the afront i did him , and besides the matter i accused him of , were crimes against the state , which they were not to iudge without order , yet thus much for all their language i offered to referre all to them , if they would promise me reparation if one just proofes they found i had beene iniured by mas●●r michaell lucy , but in lieu thereof they answered , i should not capitulate with them , so that i did ac●knowledge both by word of mouth , and often times by writing , that i was sory for any iniury they could conceive i had done them , but neither would they t●ke this , nor propose any other i should give them . now i openly accus'd sir michaell levecy for a coward , an abuser of his county , and a mutiner , this was not for them to heare or iudge of , but the parliament or councell of warre . thus his friends below used me , whilest his friends above us'd me no better , ●or i could not know these articles were prefer'd against me , or referd to any committee , in five or six moneths , so that by this meanes , i could not cleare my selfe , nor get my selfe discharged from the committee of examinations , ●ay although , sir william waller offered me imployment , and past his honour to mr. corbet for me , that i should not meddle any further with sir michaell levesy or doe no dishonourable act against the parliament , all which shewed his confidence in me neither wou●d i have proceeded ( had his word beene taken ) 〈…〉 but in leiu of this the committee we●e pleased to offer ●e to goe beyond seas on condition i should not returne without the parliaments consent and that in the inte●im i should not goe into kent , but that i should keepe the peace . i had no reason to accept of this banishment b●ing p●oved no delinquent or ever did the least action against the par●iament , i said first i desired to repaire my selfe of the injuries i had ●eceived , and to goe honourably , on which answer they confind me within the line of communication , binding me to keepe the peace . a while after , i was summoned to appeare before the committee at queenes court , to answer to the former articles , ( which some of the other committee knew of be●ore ) yet would never give me notice . i de●●ered them to set me a day of answering , and that as speedily as might be , for that with the continuall great wayting , i was already undon● and could not any longer subsist . they appointed me many dayes , but would ●ot receive my answer , which seeing , i requested i might deliver it in writing , being i saw others enjoy the same priviledge after long wayting that was a so denied me , but in the end they were pleased ●o heare me , then sir henry h●yman askt me severall questions ( on purpose to put me out in my answer ) and produc'd there the letter , for which i was committed and detained prisoner by the committee of examinations . and when i offerd to make good my letter against s●eve●y , he would not permit me that liberty untill the major part granted it . he would have had me to aknowledge , my selfe faulty , in what i knew , i ●ad suff●cient proofe to justifie ; a day was then appointed to give in my witnesses , but master tate sate not with the committee , and they would not receive them unlesse he were present but wild me to give them to him which accordingly i did● but finding my se●fe thus still delaid undone , and deluded by this attendance , told them they would enforce me to take some ●●her course , as by posting or printing . all this trouble , imprisonment , losse of imployment , wasting my fortune gave me noe small reason but to be justly discontented . sir h●nry vane and sir william w●ller , can both witnesse , i often times desir●●●●pl●yment , but finding my adversary supported , and selfe disp●sed i be●eeve it shall be proved i have done more for the state then he besides t●e irish businesse , i have once served with foure horses voluntarily , at another time with six , i have given on the publike faith , ten pounds at another time , sixteene pounds , and a horse to the service freely , and have no estate at all● whereas hee hath been well paid , redeem'd his morgag'd estate having had infinite store of horses , and he hath not beene mustered , but hath had his own accounts for a long time . for my part i am l . worse in fortune since i undertook imployment . to conclude , the reason of my last action , was not for any private revenge of mine , which i have already had , but hearing him chosen by that committee , who knew i accused him so highly , and offered to justifie it on my life , with evident proofe , and he being no wayes calld , neither offering to appeare himselfe , in his owne vindication . i knowing how much this might redound to the publike prejudice , and being ty'd by covenant to reveale any thing prejudiciall , and to further what in mee lay to bring to condigne punishment , having formerly as you heard declared it to the three severall committees and openly for so many moneths in all places , to so many perticular members , and yet hee never cal'd to his tryall , but i contrary still suffering . besides some of the members can witnesse i have had these articles following , or most of them eight moneths , and were told by them● that to present them to the house , were recrimination before mine were cleared , and having heretofore as at this time diverse petitions in the house of commons unheard ; i thought the speediest course to give them notice was , by posting him , in wch action i protest my selfe innocent in any intention to give the least distaste to the honourable house of commons● who however were pleased to commit me . and sent me to the committee of examinations to have it heard , but they without hearing me , past their censure , viz. that it was a false and scandalous libell , notwithstanding a● before , i alwayes referred my selfe to proofe , yet sent me to new-gate there to remaine untill i should give sir michaell levesy satisfaction ; least the world might iudge this was done by mee out of malice , to cleare which , i challenged him● told him i would cudgell him , and publisht it , which s●tisfied me , for my private aff●onts i received by him . and since i suffer for accusing , and my accusation not heard● nor my witnesses accepted , i leave to the world to judge the measure i have received . and ● hope this will satisfie all men , i am not the least sufferer , for the publike , but the greatest for this perticular . were this proved an offence , yet i deserve not this rigour as i suppose , for a slander . and la●tly , whereas it is an argument of sir h●●ry h●ymans , that my father hath declind me , my selfe and diverse of the committee hath heard him expres●e , he took a vow when he left the court , that if any child of his fell under his majesties or parliaments power , he would never bee beholding to them for fa●our , nor begge it of them ; truely i intend not that hee should breake his vow for me , besides it would argue my gui●tin●s , to seeke for friends in a just cause . a●● i begge is , but the libe●ty of a subject iustice , to be heard and a tryall ; where if it can bee proved that i have done sir michaell levesy the least injury , i shall willingly submit to any punishment . more besides . moneths imprisonment , the expence of l . the losse of imployment● the severall disgraces , if he conceive himselfe cleare , why doth he not desire i should bring my proofes for what i accuse h●m . then will it appeare suddenly , whether i have done him injury , or hee the state . these following are the articles i both have , doe , and will accuse him of , and will with my life and honour maintaine . . hee shewed much ●●wardnesse in the service at sutton i● h●●sh●●e . . he converted the monies sent to pay his regim●nt , ●o his owne use con●rary to ord●r by this prejudicing the state . . he rais●d a muti●y against mee● sending his officers and s●uldiers to vote me but , when i had received the generalls speciall order to ma●ch on a present designe for t●e publ●ke good . . hee behaved himselfe cowardly , and very dishonourably , at the battaile neare als●ord . . hee sold and imb●seld diverse horses tooke for the service , favouring papists , in restoring backe theirs privately , and commanding his officers not to meddle with an● other papists horse . . he either counterfeited the generalls warrant or sent his owne without order , and tooke ma●y h●rses in sussex , the county charging mee with it . . that hee tooke free quarter there , forcing his whole regiment to doe the like , because hee detained their monies , this was like to breed a mutiny in the ●rmy . that our regiment should have the best quarters , and pay , which the rest of the army ●ad not . . hee seizd and detained master mynshall close prisoner for a former debt of his owne , contrary to martiall or other law . . he sent cattell home to his dwelling in shepway , his men forcing free quarter , through their owne county . . that he behaved himselfe dishonourably at croperedge-bridge . . that he had pay of the country for his quarter-master , nine shillings per diem , yet permitted him to stay at home , forcing his corporalls to doe the duty . . that he hath beene the breeder , fomenter , and nourisher of the diff●rence betweene the deputy leivtenants of kent , and sir william waller , which have beene very prejudiciall to the publike . . that hee hath diverse times beene disobedient , refusing his command . . that hee received diverse orders from the deputy leiutenants , contrary to my lord generalls orders , which if not remedyed will bee distructive to all martiall discipline , and will breed continuall mutinies in the armies . . that he laboured to entice my old leivtenant to complaine against me . . that in a most unworthy manner hee would have murthered captaine may , either because he had beene the gen : witness● to the articles hee had against him , or because hee knew he was my witnesse to most of these articles against him . . hee reported hee had lent sir henry heyman two hundred pounds without bill or bond , saying , hee well deserved it for the many good offices he did him . by these relations , it may be perceived both whom , and of what power my adversaries are i never yet sought the favour otherwise of any friends , then for a legall tryall , which neither by their or my owne endeavours , i could ever yet attaine to ; nor have the priviledge of a commander to be referred to a councell of warre , yet i did imagine the generalls orders were made to try all commanders ; who as a councell of warre is the severest , so the speediest court of judicature & so far to the benefit of a commander , that they shall be kept like rogues to starve in prison , if they●l not crouch to their adversaries , or at least to some in authority but such base eccophancy should not suit with a souldiours spirit , for my part as i yet ne●er sued for favour , & shold i doe any unlawfull act i shold rather suffer punishment then beg favour ; and as hitherto , i have never done that which i dare not publikly answer in the severest court , if i may have a faire tryall and not in a privat manner my adversaries to incence the honourable house of committees against me , as they hitherto have ever done , so i would not be thought so meane a spirit to be quaild with powe● , my actions being justificable my resolution is rather like bajazet to dash my b●aines out against this iron cage i am now cooped up in , rather then submit to arbritrary power or censure , by this meanes to encleare my selfe that i posted sir michael levicy a coward an abuser of his country , a mutiner , and such a one as nought but power could shroud from punishment ; example , sir william wallers accusation , which being the same as mine , yet could not bring him to justice , yet this no wise daunted me from prosecuting what i had long before accus'd him of , especially when i was bound to it by covenant , the articles may make it sufficiently evident , it concerned the publike not my privat interest , yet i both have and doe with forfeit of my life offer to make them good , so that i am made the president of power only , and i have dearely bought by experience , the effect of taking the covenant , to conclude i shall defie any that can disprove the ●ea●t of these passages , and if some finde themselves touched with them , in discovery of their malice or partiality , they must give so great a looser as my selfe ( both of fortun liberty ) leave to tell the truth , this i hope will satisfie the honourable house of commons , who i hope after such heavy oppressions will cause me to be heard & relieve me , and though i was not the least guilty of any offence yet least my adversaries should take advantage to possesse any that my obstinacy keepe me now in prison these petitions i have sent both to the honourable house of commons and the committee of examinations shall convince any of such conceipts , but i immagine the important affaires of the house of commons would not permit my petition to be read or answerd , yet at my necessities and suffering so infinit that they may sufficiently excuse me for publishing this declaration , i am certaine the committee of examinations might both have heard me & redressed me , but though i sent the chiefe of them word i was ready to starve , that deafnes to my complaints forced from me , my vindication in this manner , i thought good to publish these several petitions sent both to the honourable house of commons and the committee of examinations , with a letter sent to master corbet , which will excuse me both from any manner of insolency or obstinacy , which my adversaries strive to possesse others who are indifferent to cover their owne inju●tice and malice . this petition following sent both to the honourable house and the committee of examinations . humbly sheweth that for posting of sir michaell levesy , your petitioner is now committed to newgate , he is very ●ory any action in this particular ; should give any d●sta●t to the honourable house of commons . may it therefore please them to grant your petitioner his release , hee having already suffered tenne moneths restraint with losse of imployment for the premises , your petitioner not doubting but as formerly hee shall render himselfe capable to serve the state . an other petition sent as the former . humbly sheweth that whereas your petitioner ( as by covenant bound● hath assayed all lawfull meanes to bring to tryall sir michall levesy for th●se haynous crims against the state committed by him your petitioner many petitions neither being heard or redressed forced him to post up the severall crimes against him , to give this honourable house the speedier notice but not with any intent or desire to incence them against yo●r petition●r as he perceiveth they are●y his commitment to newgat , for which he is sorry and craveth pardon for his offence . may it therefore please this honourable house to grant your petitioner , his enlargement , he having already suffered ten moneths imprisonment , losse of imployment , and other disgraces for the premises he also humbly praying that his accusation hereto anexed , may be heard and your petitioner redressed , that he as formerly may render himselfe serviceable to the s●at● . another petition . humbly sheweth , that he is sory he hath given any offence to the honourable ho●se● or this committee for this last manner of proceeding in posting of sir michaell levesy for which they have pleased to commit him to newgate● may it therefore pleas them to grant your petitioner his release he having lost his imployment with the expence of five hundred pounds and tenne monethes imprisonment for the premises , and that your petitioner be cald to make good his accusation against sir levecy , or if this committee please , otherwise to grant your petitioner his passe to go beyond , seas . the last petition humbly sheweth your petitioner is not more a●flicted for this his restraint , or the place , then your displeasures . therefore ●rayeth that in these times of action , wherein he may endeavour to ser●● his country , he may be released● his imprisonment , being his ruine as● a souldier● the place a disgrace ●o his birth and honour . these petitions with the articles i have these te●ne moneth● accused him of , were by me sent to master speaker , master glym , master whitaker , master co●b●t , sir a●thony erby , and sir william waller , i have in all freely in way of submission to them acknowldeged a sorrow , though as i hope for mercy , i am not any wayes guilty , and since these have been rejected , i shall never acknowledge the like againe , though i perish , nor should i accept my enlargement unlesse i might have a tryall , i shall submit to all the lawes of this kingdome , either marshiall or other , but protest against any arbitrary power ; as to be censured and punishd , and can in no court of justice be heard , though i the accuser , this to give that freedome away ( for which i have so long fought for ) and willingly submit to the yoke of slavery which i shall never doe . the coppie of a letter sent master co●bet . noble sir , i bese●ch you informe the committee that i must starve if they keep ●e in new-gate , were my fact a scandall , and fals● ( as you have already censured , denying my answer or proofe ; i have already sufficiently suffered ; besides what satisfaction can he have more than this you censure , or my sufferings ; with which i must be content because compelled to it● but sir● i have not wherewithall to subsist , and must starve , for you have already made me spend all to my very cloathes 〈◊〉 my backe , and th●s●●●t poore and if this cannot satisfie believe it these remorselesse actions neither are , can , or shall be kept from the worlds publike vi●● , therefore i bese●ch you i may not be tempted abov● my strength , and if all these disgraces the committee hath put on me will not satisfie , let them take my life , but were i to perish this next houre , i shall never acknowledge against my conscience and 〈◊〉 , wh●● with the forfeit of my life , i have so ●●ng offer● by all mea●●s to j●stif●●●sir , i shall ●ither give the honourable h●use , or the committee s●●isfaction for any offence they shall conceive done them , but let me not starv●● a●d perish , perpetually when sir le●e●y hath the least satisfaction otherwise th●n hee already hath unlesse i ●ee legally convinced by any court of judi●●●●●●●ach b●●●g brought to tryall . my cens●re of the committee was as followes , i being sent by the honourable house to bee heard by them . that the sence of them was that it was a 〈◊〉 scandalous libill , that i should be committed to new-gate , there to lye till i gave him satisfaction , if ever there were such a censure passed either in the star-chamber or high commission court for such a fact , and when i offerd my life for justification , they may as well take my life on any complaint withou● a tryall , using mee thus on mine , and it being for the pub●ike ; for i here protest this action was not in the least wise for mine owne private revenge , but for the publike ; in the discharge of my covenant i am sorry my lo● hath fallen out to bee 〈◊〉 ●●warded to be comm●tted with so stric● a warrant , that the worst malefactor can have more liberty the keeper ackno●ledging he hath a● no time had a wa●rant of that strict nature , and when i sued to be removed to ely-house , i had a warrant sent to goe to winchester-h●use , worse , if worse could be then new-ga●● i●ave here p●blished my generalls disc●arge , though sir heyman be●ore t●e committee at queenes cou●t layd an imputation on that to , then may it bee gathered whether he prosecute me for his privace grudge or for the publike good . my gene●a●ls d●scharge . this is to certifie that no offic●r under my command , did with more seriousnesse and diligence apply himselfe faithfully to the service of king and p●rlia●ent●●hen col● anthony welden , then major of the ke●tis● ho●se , he ●ehav●d himselfe civilly also forwards , on all commands , as a● experienced commander , i being sorry any difference betweene him and sir michael levecy should give h●● occasion to quit his command , which i desired so much hee would continue for the adva●cement of the publike servic● , approving his ability every 〈◊〉 f●● to do the● service given under my hand and sea●e the th . of august . the contents of this sir henry heyman hath himselfe here● sir william ●ay at arundell● and saw lette●● of the generalls to that effect ; his inv●●●rain●sse in persuing and hindering my release gave me just reason to tell him ( he wa● both unjust and ●●●●iall ) before all the dep●ty lieutenants of k●nt , who answered i should petition the house but i could not fi●d mea●●s to have any delivered ther●fore i hope this honourable house be please● to releive me , for i shall make it appeare his parsecution of ●e hath solely ●nd o● my 〈◊〉 and ruined me & if the honourable ho●se shall find me ●anity in any thing i shal 〈◊〉 to their further se●sure● or that i shall faile in the making good this declaration● or any p●rt the●eof , and i shall 〈◊〉 as i am in dutie bound ever pray for their happy successe 〈◊〉 doub●ing but their iustice to in●ocence 〈◊〉 gi●● 〈◊〉 speedy redresse . finis . die mercurii aug. . the lords and commons in parliament assembled, doe approve of the late action of the officers, souldiers, and inhabitants of the borough of southwarke, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii aug. . the lords and commons in parliament assembled, doe approve of the late action of the officers, souldiers, and inhabitants of the borough of southwarke, ... england and wales. parliament. sheet ([ ] p.) printed for john wright at the kings head in the old bayley, london : . signed: joh. brown cler. parliament. approving the action of the officers, soldiers, and inhabitants of southwark in joining the army -- cf. steele. also approving the actions of one colonell blunt, as well as the committee of the militia of the county of herts. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii aug. . the lords and commons in parliament assembled, doe approve of the late action of the officers, souldiers, and inh england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii aug , . the lords and commons in parliament assembled , doe approve of the late action of the officers , souldiers , and inhabitants of the borough of southwarke , and all others that assisted them in joyning with the army for preservation of the peace of the parliament , city , and kingdome ; and that thanks be given them for the said action : and that colonell thompson and master snelling that serve in parliament for the said borough , doe returne them the thankes of the houses . joh. brown cler. parliament . die mercurii . aug. . the lords and commons assembled in parliament do approve of the late action and proceeding of colonell blunt , and all others that assisted him , in joyning with the army for preservation of the peace of the parliament , city , and kingdome , and do give him and them thanks for it . joh. brown cler. parliament . die mercurii aug . the lords and commons assembled in parliament doe approve of the late action of the committee of the militia of the county of herts , in raising the forces of the said county to joyne with the army , for preservation of the peace of the parliament , city , and kingdome , and do give them thanks for it ; and that master leman , and sir thomas dacres are appointed to give them thanks . joh. brown cler. parliament . london printed for john wright at the kings head in the old bayley . . his maiesties message to both houses of parliament, upon his removall to the city of york. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his maiesties message to both houses of parliament, upon his removall to the city of york. england and wales. sovereign ( - : charles i) charles i, king of england, - . england and wales. parliament. sheet ([ ] p.). imprinted at york by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill., [york] : . reproduction of original in the william andrews clark memorial library. eng england and wales. -- parliament. great britain -- history -- charles i, - . great britain -- politics and government -- - . ireland -- history -- rebellion of . broadsides -- england -- th century. a r (wing c a). civilwar no huntington . martii. . his majesties message to both houses of parliament, upon his removall to the city of york. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms huntington . martii . . ❧ his majesties message to both houses of parliament , upon his removall to the city of york . his majestie being now in his remove to his city of york , where he intends to make his residence for some time , thinks fit to send this message to both houses of parliament . that he doth very earnestly desire , that they will use all possible industry in expediting the businesse of ireland , in which they shall finde so cheerfull a concurrence by his majestie , that no inconvenience shall happen to that service by his absence , he having all that passion for the reducing of that kingdom , which he hath expressed in his former messages , and being unable by words to manifest more affection to it , then he hath indeavoured to do by those messages ( having likewise done all such acts as he hath been moved unto by his parliament ) therefore if the misfortunes and calamities of his poor protestant subjects there shall grow upon them ( though his majestie shall be deeply concerned in , and sensible of their sufferings ) he shall wash his hands before all the world , from the least imputation of slacknesse in that most necessary and pious work . and that his majestie may leave no way unattempted , which may beget a good understanding between him and his parliament , he thinks it necessary to declare , that as he hath been so tender of the priviledges of parliament , that he hath been ready and forward to retract any act of his own , which he hath been informed hath trencht upon their priviledges , so he expects an equall tendernesse in them of his majesties known and unquestionable priviledges ( which are the priviledges of the kingdom ) amongst which , he is assured it is a fundamentall one , that his subjects cannot be obliged to obey any act , order , or injunction , to which his majestie hath not given his consent : and therefore he thinks it necessary to publish , that he expects , and hereby requires obedience from all his loving subjects , to the laws established , and that they presume not upon any pretence of order , or ordinance ( to which his majestie is no partie ) concerning the militia or any other thing , to do or execute what is not warranted by those laws , his maiestie being resolved to keep the laws himself , and to require obedience to them from all his subiects . and his maiestie once more recommends to his parliament the substance of his message of the twentieth of january last , that they compose and digest , with all speed , such acts as they shall think fit , for the present and future establishment of their priviledges ; the free and quiet enioying their estates and fortunes ; the liberties of their persons ; the security of the true religion now professed in the church of england ; the maintaining his maiesties regall and iust authority , and setling his revenue ; his maiestie being most desirous to take all fitting and iust wayes , which may beget a happy understanding between him and his parliament , in which he conceives his greatest power and riches doth consist . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . the tryal and condemnation of mr. will. staley for high-treason, at the kings-bench-bar at westminster, on thursday the st of nov. who was there condemned to be hang'd, drawn, and quarter'd for speaking of desperate, malicious, and treasonable words against the kings most excellent majesty : with the particular evidence given against him, the defence he made for himself, and all other material circumstances. staley, william, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the tryal and condemnation of mr. will. staley for high-treason, at the kings-bench-bar at westminster, on thursday the st of nov. who was there condemned to be hang'd, drawn, and quarter'd for speaking of desperate, malicious, and treasonable words against the kings most excellent majesty : with the particular evidence given against him, the defence he made for himself, and all other material circumstances. staley, william, d. . p. printed for r.g., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- court of king's bench. trials (treason) -- england. treason -- great britain. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the tryal and condemnation of mr. will. staley for high-treason , at the kings-bench-bar at westminster , on thursday the st of nov. . who was there condemned to be hang'd , drawn , and quarter'd for speaking of desperate , malicious , and treasonable words against the kings most excellent majesty . with the particular evidence given against him , the defence he made for himself , and all other material circumstances . licensed , . london : printed for r. g. . the tryal and condemnation of mr. will. staley a papist . this person that now received tryal , was by trade a goldsmith , and by profession , as to religion , a papist . he had been bred a considerable part of his time beyond the seas , and there , 't is fear'd , by too much familiarity with the jesuits , had imbib'd some of their desperate principles . the sum of the matter upon proof against him , appeared to be thus : three gentlemen that by their garb , behaviour , and testimony of divers that knew them , appeared to be persons of worth and unreproachable credit , gave evidence against him , that upon the fourteenth day of this instant november , they being at a cooks shop in the parish of st. gileses , the prisoner at bar was with another man in a room opposite to that they were in ; and the door being open , they had a perfect sight of the prisoner , and were not above eight foot or thereabouts distant from him , when they stood at their door : and that the prisoner being discoursing with the old man that was with him , the old man said in french , that the king of england was a great persecutor or tormentor of the people of god ( meaning , as we must understand , papists ) . in answer to which , the prisoner at bar , stamping with his foot several times , and appearing to be in passion , said ( likewise in french ) words too insolent and malicious to be repeated and translated . and ( stretching forth his arm , and then clapping his hand on his breast ) speaking of his sacred majesty , said , i my self will kill him . and that afterwards they heard him say , that the king and parliament thought the business ( meaning the plot ) was over , but the rogues ( so this villain was pleased to call them ) were mistaken . two of these three gentlemen well understood french , but the third did not : however , the other two at the same instant express'd their loyalty , by telling him , with much commendable zeal , that the person in the next room spoke most detestable treason , and that they could not endure to hear it , repeating the sense of their words in english : and as for the words le roy d'angleterre , though he understood not the language , now deposed , he perfectly heard as well as they . but none of the three at that time knowing the now prisoner , nor having to their knowledg ever seen him before , and he with his companion just upon speaking the aforesaid words , being about going , one of the witnesses watcht him to the place where he went unto , being his father's house , and upon enquiry learn'd his name , &c. that next morning they came thither , and upon colour of buying something , carried him to the cross-keys tavern over against his dwelling ; where they staid three hours or thereabouts , whilst one of them went to seek , and could not in all that time procure a constable , because he had no warrant from a justice . but having at last got some from the guard at white-hall , and a constable , they seiz'd him ; and after examination , he was committed first to the gatehouse , and afterwards sent to newgate ; from whence he was now with a strong guard conducted , having on the day before been arraigned . he had the honour to have a most worthy jury , most of them knights and squires , all gentlemen of quality : nor had ever man a more fair and equal hearing ; but the defence that he made was frivolous ; sometimes alledging that the distance between him and the witnesses was greater , yet owned that the door was not shut . he also much insisted that they mistook the french words he spoke ; and whereas they rendred it in english , i my self would kill him , he affirmed that he meant and said , i would kill my self . but as well the witnesses testimony , as the sense of the foregoing and subsequent discourse took off that evasion . he further pretended that the old man ( whom he said was one of his workmen ) did not speak french , but a jargon , or kind of italian ; but the two witnesses being questioned to that , absolutely disproved it , affirming what was then spoken was french , and that they well understood it ; and several times repeated the very words both french and the english thereof in court. and besides , though it was asserted that the prisoner was offered to have what person he had occasion for summoned to attend at his tryal ; and that a gentleman was so kind , as to go to the prisoners fathers house with a note of several persons names that he ●●sired should appear on his behalf ; among●●●hom was the aforesaid old man that was with him at the time of speaking the words , and notice was given thereof to one of their agents ; yet the aforesaid old man , who it seems was a kind of italian , did not think fit to appear ; so that upon a full discussion of all that the prisoner had to say , the crime appeared so evidently proved , upon the statute made in the reign of our present soveraign for the preservation of his royal person , that without withdrawing from the bar , the jury found him guilty , and accordingly he forthwith received sentence to be drawn and hang'd , his bowels burnt , his body to be quartered , and disposed on the city gates , &c. finis . by the king, a proclamation requiring all officers or souldiers that served under the armies of the late usurped powers and have been disbanded, cashiered or turned out, to depart the cities of london and westminster before the fourth of december next england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation requiring all officers or souldiers that served under the armies of the late usurped powers and have been disbanded, cashiered or turned out, to depart the cities of london and westminster before the fourth of december next england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by roger norton, london : . "given at our court at whitehall, the twenty eighth day of november, , in the thirteenth year of our reign." reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- history. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation , requiring all officers or souldiers that served under the armies of the late usurped powers , and have been disbanded , cashiered or turned out , to depart the cities of london and westminster before the fourth of december next . charles r. whereas we have been informed that divers of the late disbanded officers , and souldiers , and several other persons heretofore cashiered and turned out of the late army ( many whereof being persons of desperate fortunes and designs ) do now remain in and about our cities of london and westminster , and have their dayly meetings , and are frequently plotting and contriving wicked designs and practises against our royal person , and the peace and government of this our kingdom . we taking the same into our serious consideration , and for preventing the evil consequences thereof , have thought fit , upon the humble desire of our two houses of parliament , to publish and declare , and do hereby publish and declare our will and pleasure to be , that all and every person and persons being heretofore an officer or souldier , serving in any of the armies of the late usurped powers , and have been disbanded , cashiered , or turned out of any of the said armies ( who are not under imprisonment , or other legal restraint , or have not their constant habitations and families within our cities of london and westminster , or the suburbs thereof , or who shall not procure or obtain a licence from us , or any three or more of our privy councel in this behalf ) do on or before the fourth of december next , depart out of the said cities of london and westminster , and the liberties and suburbs thereof . and we do hereby charge and require them and every of them to depart accordingly , and not to return again , or come within twenty miles of the same our cities of london and westminster , or either of them , from this time until after the twenty fourth day of june next ensuing . and that they , or any of them , do not , or shall not , in the mean time , wear , use , carry , or ride with any sword , pistol , or other arms or weapons : and herein we do and shall expect , from all persons concerned , a due and punctual submission and conformity at their perils , and upon pain of our high displeasure . willing and hereby commanding the lieutenants , deputy-lieutenants , and other our officers and ministers , of and in the several counties , cities and places of this our kingdom , to apprehend and seize the persons , and take away the arms and weapons of all such as shall be found faulty , or offenders , in , or contrary to the purport true intent and meaning of this our royal proclamation , and them to bring before the lords of our privy councel , to be further proceeded against for their contempts , according to justice . given at our court at whitehall the twenty eighth day of november , . in the thirteenth year of our reign . god save the king . london , printed by roger norton , one of the printers to the king' 's most excellent majesty , . true information of the beginning and cause of all our troubles how they have been hatched, and how prevented. wherein vvee may see the manifold contrivances and attempts of forraigne and home-bred enemies, against the parliament, kingdome, and purity of religion. and how all their endeavours whether by force or fraud, never prospered. a work worthy to be kept in record, and to bee communicated to posterity. vicars, john, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing v b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) true information of the beginning and cause of all our troubles how they have been hatched, and how prevented. wherein vvee may see the manifold contrivances and attempts of forraigne and home-bred enemies, against the parliament, kingdome, and purity of religion. and how all their endeavours whether by force or fraud, never prospered. a work worthy to be kept in record, and to bee communicated to posterity. vicars, john, or - . [ ], , [ ] p. : ill. (metalcut) [s.n.], london : printed in the yeare . by john vicars. title page is a v; a r is blank. some print show-through. reproduction of the original in the henry e. huntington library and art gallery. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing v b). civilwar no true information of the beginning and cause of all our troubles: how they have been hatched, and how prevented. wherein vvee may see the man vicars, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion true information of the beginning and cause of all our troubles : how they have been hatched , and how prevented . wherein vve may see the manifold contrivances and attempts of forraigne and home-bred enemies , against the parliament , kingdome , and purity of religion . and how all their endeavours whether by force or fraud , never prospered . a work worthy to be kept in record , and to bee communicated to posterity . the people that will not understand , shall fall . london , printed in the yeare . true information of the beginning and cause of all our troubles , how they have bin hatched and how prevented . parliament . in the first yeare of king charles his reign , a parliament being called at oxford , two subsidies were granted , no grievances removed , but the said parliament soone dissolved . the sad effects which the dissolution of this parliament produced , were the losse of rochell , by the unhappy helpe of englands ships . the diversion of a most facile and hopefull warre from the west-indies , to a most expencive and successelesse attempt on cales . the bloody and unblessed attempt on the isle of ree , and thereby a precipitate breach of peace with france , to our great losse . a peace concluded with spaine , without consent of parliament , contrary to a promise formerly made to the kingdome , by king james , a little before his death ; whereby the cause of the palatinate was altogether most shamefully deserted by us . the kingdome suddenly billetted with souldiers , and a concomitant project set on foot for germane horfes to force men , by feare , to fall before arbitrary and tyrannicall taxations , continually to be laid upon them . parliament . the dissolution of a second parliament at westminster , in the second yeare after a declarative grant of no lesse then five subsidies , and the sad issues that flowed to the kingdome thereupon . as first , the violent exacting from the people of that mighty summe of the five subsidies , or a summe equall to it by a commission for a royall-loan , as it was called . many worthy gentlemen imprisoned and vexed , that refused to pay it . great summes of money extorted from subjects by privy seals and excises the most hopefull petition of right , blasted in the very blossome of it . parliament . a third parliament called , and quickly broken in the fourteenth yeare of the king , and therein parliamentary priviledges extreamly violated by after ill-usage of some of the best and worthiest members thereof , who were clapt up close prisoners , denied all ordinary and extraordinary comforts of life , and preservation of health , which might have proved perpetuall to them , had not a fourth parliament ( which afterward happened ) necessitated their releife and release . and this third parliament thus dissolved , o the miserable effects that followed thereon also . scandalous and opprobrious declarations published to asperse and besmeare the proceedings of the last parliament , and some of the best members thereof ; yea , proclamations set out to those effects , thereby extreamly to dis-hearten the subjects , yea , and plainly forbidding them once to name a parliament , or to desire them any more . vvhence , immediately gushed out ( this damme of parliaments thus being broken down ) the violent inundations ( even to a deluge of miseries ) of mighty summes of money , got by that strange and straining project of knight-hood ; yet , under a faire colour and pretence of law for it , and for all the rest that followed . as , the most burthensom book of rates ; the most heavy and unheard of ( till then ) taxation of ship money ; the enlargement of forrests , contrary to magna charta ; the injurious taxation of coat and conduct money ; the forcible taking away of the trained-bands armes ; the desperate designe of ingrosing gunpowder into their hands and keeping it fast from the subject in the tower of london , not to be had thence but at most excessive rates . the destruction of the forrest of dean , that most famous magazine , and timber-store-house of the whole kingdome , which was sold to papists . the monstrous monopolies of sope , salt , wine , leather , and sea-coal ; yea , almost of all things in the kingdome of most necessary and common use . restraint of subjects liberties in their trades and habitations ; for refusall of which foresaid heavy pressures , many were vext with long and languishing suites , some fined and confined to prisons , to the losse of health in many , of life in some ; some having their houses broke open , their goods seized on , their studies or closets searched for writings , bookes , and papers , to undoe them ; some interrupted also in their sea-voyages , and their ships taken from them , in an hostile manner , by projectors , as by pirates , or common enemies . the crushing cruelties of the star-chamber-court , and councill table , in those dayes , chiefly , for the fomenting and increasing of most exorbitant taxations , pressures and unjust suit , against the subject . thus farre for the miseries of the common-wealth ; now also for the churches danger , and distresse , the amazing miseries of the subjects consciences also , by the intolerable burden of popish ceremonies , romish innovations and such like other outrages of the arch prelate of canterbury , and his prelaticall agents and instruments , over the whole kingdome , in matters of religion , divine worship , and spirituall cases of conscience . the most palpable and abominable romish ceremonies used at the kings coronation , and insolent and impious , false and destructive additions in the oath administred to the king , at his said first inauguration to the crowne , by that most arrogant arch-bishop . and the manifold other impious impositions in matters of religion , divine worship and spirituall cases of conscience ; for refusing and opposing of which , how was the honest-hearted and tender-conscienced subject , grievously oppressed by fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gagges , confinements and banishments ; yea , and that , into perpetuall close imprisonments in the most desolate , remote , and ( as they hoped and intended ) remorslesse parts of the kingdome . the putting downe , yea , utterly ruinating of that most famous and honourable worke , that ever this kingdom saw , in a private way , for the advancement of gods glory in the propagation of the gospel , i mean , the feoffees for buying in of impropriations ; noy , the ( then ) atturney-generall , openly in court , accusing that blessed worke to bee a worse plot against the church ( he meant the prelaticall-church sure , ) than the papists powder-plot the advancing ( for the most part ) none , to ecclefiasticall dignities and livings but arminians ; yea , popish hearted pontificians ; suspending , and silencing with deprivations , degradations , and excommunications , almost all the most pious , painful and orthodox-learned pastours over the kingdom , whom they could catch in their snares , and all this under a pretence of peace , unity and conformity ; in which foresaid cases , the high-commission ( like the spanish-inquisition ) with its most pregmaticall pranks , was all along , most intolerable and abominable . printing-presses , set open for the printing and publishing of all sorts of popish and arminian tenets ; but , shut up and restrained from printing , sound and orthodox doctrines . nay , not onely thus lamentably ▪ molested us at home in england ; but attempted the like on our brethren in scotland , indeavouring to impose upon their consciences also , a new liturgie , and a booke of canons , upon the first introducing whereof into their church , they not induring them , threw stones and stooles at the arch-bishop of st. andrews head , and beat him out of the church , crying out a pape , a pape , and so rid themselves of them . upon which refusall of theirs , o what foule calumnies and scoffes were immediatly cast upon them , and they called and counted rebels and traytors ; yea , so proclaimed in all churches in england . an army was also raised to oppresse and suppresse them , for thus resisting the arch-prelates most injurious impositions on them . a mighty and tumultuous rising of apprentices and young men , in southwarke and lambeth side , with clubs and other weapons especially at the arch-bishops house , which put him into such a fright , as made him flye to croyden , to convey himselfe to some more private and remote place , and although pharoahs magisians were so honest , that at the fight of the dust of the earth turned into lice , they cryed out it was the finger of god , but he grew more and more outragious , and caused one to be hanged and quartered , and his head set on london-bridge . our brethren of scotland likewise raising an army in their own just defence , and by force of armes , inforcing their owne peace . a first pacification being then made by the king , and some of his nobility , and ratified under hand and seal twixt them and the scots ; yet was it shortly after shamefully violated , and broken quite off by the arch-prelate of canterbury , and the earle of straford , and burnt by the hangman at the exchange . parliament . a fourth parliament was thereupon shortly after called again , by those complotters meanes , but to a very ill intent , and another parliament summoned also at the same time by the earle of straford in ireland , both of them onely to levy and procure monies to raise another army and wage a new war against the scots . the ships , and goods of our brethren of scotland , were , in all parts and ports of this kingdome , and of ireland , also surprised and seized on for the king ; their commissioners denyed audience to make their just defence to the king , and the whole kingdome of scotland and england too , hereupon much distracted and distempered with leavying of monies , and imprisoning all among us that refused the same . this parliament also refusing to comply with the king , canterbury and straford , in this episcopal war against the scots , was soon dissolved & broken up by them and thereupon they returned to their former wayes of waste and confusion , and the very next day after the dissolution thereof some eminent members of both houses , had their chambers , and studies , yea , their cabinets and very pockets of their wearing cloathes ( betimes in the morning before they were out of their beds ) searched for letters and writings , and some of them also imprisoned , and a false and most scandalous declaration was published against the house of commons in the kings name . a forced loan of money was attempted in the city of london , to be made a president ( if it prevailed there ) for the whole kingdom , but some aldermen refusing , were sorely threatned and imprisoned . in which interim , the clergies convocation continuing ( notwithstanding the dissolution of the parliament ) new conscience-oppressing canons were forged , and a strange oath , with a monstrous &c. in it , was framed for the establishing of the bishops hierarchy , with severe punishments on the refusers to take it . in this convocation sore taxations were also imposed upon the whole clergie , even no lesse than six subsidies , besides a bountifull contribution to forward that intended war against our brethren of scotland . for the advancing of which said summes for this war , the popish pontifician party , and their scandalous priests were most free and forward ; yea , and a solemn prayer was composed , and imposed by the bishops on their ministers every where to be used and read in all churches against the scots , as rebels and traytors . the papists also in a high measure enjoyed even almost a totall toleration ; and a popes nuncio suffered amongst us to act and govern all romish affaires , yea , a kind of a private popish-parliament kept in the kingdom , and popish jurisdictions , erected among them . . commissions were also ( secretly ) issued out for some great and eminent papists , for martiall commands , for levying of souldiers , and strengthening their party with armes and ammunition of all sorts , and in great plenty . . his majesties treasure was by these meanes so extreamly exhausted , and his revenues so anticipated , that he was inforced to compell ( as it were ) his own servants , judges , and officers of all sorts , to lend him great summes of money , and prisons filled with refusers of these and the other illegall payments ; yea , many high-sheriffes summoned into the star-chamber , and to the councel-board , and some of them imprisoned for not being quicke enough in levying of ship money , and such like intolerable taxations . . in summe , the whole kingdome was now brought into a lamentable and languishing condition of being most miserably bought and sold to any that could give and contribute most of might and malice against us , and no hope of humane help , but dolour , desperation and destruction , to be the portion of all . the arch-prelate of st andrewes in scotland reading the new service-booke in his pontificalibus assaulted by men & women , with crickets stooles stickes and stones . the rising of prentises and sea-men on southwark side to assault the arch-bishops of canterburys house at lambeth ▪ . parliament , anno . novemb. . . but , behold , a desperate plot and designe was herein also , immediately set on foot , to spoyle or poyson it in the very embrio and constitution of it , in the first choyce of the members thereof , by letters from the king , queen , malignant and popish earles , lords , knights , and gentry , posted into all parts of the kingdome , to make a strong party for them ; but , by admirable divine providence , this their plot was counterplotted , and wonderfully frustrated , and the parliament most hopefully congregated and setled . . shortly after , a very formidable spanish-fleet , or armado , appeared on our english narrow seas , in sight of dover , and was comming in ( as was , on very strong grounds , more than probably conjectured ) as a third party , to help to destroy us ; the spaniards hoping , that by this time , we and the scots were together by the eares , but they were by gods mercy , beaten off from us by our neighbours of holland . and we fighting against them , we fought against our friends . the souldiers in their passage to yorke , turn reformers , pul down popish pictures , breake downe rayles , turne altars into tables , and those popish commanders , that were to command them , they forced to eat flesh on fridayes , thrusting it downe their throats , and some they slew . . in the time of ours and the scots armies residing in the north , which was in june . the popish and malignant lords and prelates , fearing the effects of this present parliament , complotted together to disaffect that our english army against the parliament , and endeavoured to bring it out of the north , southward , and so to london , to compell the parliament to such limits and rules as they thought fit . july . at the beginning of the parliament there was a diligent inquisition after oppressions , and oppressors , and first upon the petition of mistris bastwick , and mistris burton , two widowed wives , and a petition exhibited in the behalfe of mr. pryn , dr. laighton , mr. smart , mr. walker , mr. foxley , mr. lilborn , and many others , set at liberty , some being banished , and all close prisoners , others fast fettered in irons , and their wives debarred from comming to them . the souldiers in their passage to york turn unto reformers pull down popish pictures , break down rayles ▪ turn altars into tables ▪ the english and scotts armies at first ready to fight , lovingly embrace each other & part kinde freinds ▪ the protestation . i a. b. doe in the presence of almighty god , promise , vow , and protest , to maintaine and defend , as far as lawfully i may , with my life , power , and estate , the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations within this realme , contrary to the same doctrine , and according to the duty of my allegiance , his majesties royall person , honour , and estate ; as also the power and priviledges of parliament ; the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall doe , in the lawfull pursuance of the same . and to my power , and as farre as lawfully i may , i will oppose , and by all good wayes and meanes endeavour to bring to condigne punishment , all such as shall either by force , practice , councels , plots , conspiracies or otherwise , doe any thing to the contrary of any thing in this present protestation contained . and further , that i shall in all just and honourable wayes endeavour to preserve the union and peace between the three kingdomes of england , scotland , and ireland ; and neither for hope , feare , nor other respect , shall relinquish this promise , vow , and protestation . the earle of straffords speech on the scaffold . may . . my lord primate of ireland , ( and my lords , and the rest of these gentlemen ) it is a very great comfort to me , to have your lordship by me this day , in regard i have been knowne to you a long time , i should be glad to obtaine so much silence , as to be heard a few words , but i doubt i shall not ; my lord , i come hither by the good will and pleasure of almighty god , to pay the last debt i owe to sinne , which is death , and by the blessing of that god to rise againe through the merits of christ jesus to eternall glory ; i wish i had beene private , that i might have been heard ; my lord , if i might be so much beholding to you , that i might use a few words , i should take it for a very great courtesie ; my lord , i come hither to submit to that judgement which hath past against me , i doe it with a very quiet and contented minde , i doe freely forgive all the world , a forgivenesse that is not spoken from teeth outward ( as they say ) but from the heart ; i speake it in the presence of almighty god , before whom i stand , that there is not so much as a displeasing thought in me , arising to any creature ; i thank god , i may say truely , and my conscience beares me witnesse , that in all my services since i have had the honour to serve his majesty in any imployment , i never had any thing in my heart , but the joynt and individuall prosperity of king and people ; if it have beene my hap to be misconstrued , it is the common portion of us all while we are in this life , the righteous judgement is hereafter , here we are subject to errour , and apt to be mis judged one of another ; there is one thing i desire to cleare my selfe of , and i am very confident , i speake it with so much clearnesse , that i hope i shall have your christian charity in the beliefe of it ; i did alwayes ever thinke the parliaments of england , were the happiest constitutions that any kingdome or any nation lived under , and under god the meanes of making king and people happy , so far have i beene from being against parliaments ; for my death , i here acquit all the world , and pray god heartily to forgive them ; and in particular , my lord primate , i am very glad that his majesty is pleased to conceive me not meriting so severe , and heavy a punishment as the utmost execution of this sentence ; i am very glad , and infinitely rejoyce in this mercy of his , and beseech god to turne it to him , and that he may finde mercy when he hath most need of it ; i wish this kingdome all the prosperity and happinesse in the world ; i did it living , and now dying it is my wish , i doe now professe it from my heart , and doe most humbly recommend it unto every man here , and wish every man to lay his hand upon his heart , and consider seriously whether the beginning of the happinesse of a people should bee written in letters of blood ; i feare you are in a wrong way , and i desire almighty god that not one drop of my blood may rise up in judgement against you . ( my lord ) i professe my selfe a true and obedient son to the church of england , to that church wherein i was borne , and wherein i was bred ; prosperity and happinesse , , be ever to it : and whereas it hath been said that i have inclined to popery , if it be an objection worth answering , let me say truly , that from the time since i was one and twenty yeares of age , till this houre , now going upon . i never had thought in my heart , to doubt of the truth of my religion in england ; and never any had the boldnesse to suggest to me the contrary , to the best of my remembrance ; and so being reconciled to the mercies of christ jesus my saviour , into whose bosome i hope shortly to be gathered , to those eternall happinesses that shall never have end . i desire heartily the forgivenesse of every man , both for any rash or unadvised word , or deed , and desire your prayers : and so my lords farewell , farewell all the things of this world : lord strengthen my faith , give me confidence and assurance in the merits of christ jesus . i desire you , that you would be the earle of strafford for treasonable practises beheaded on the tower-hill ▪ be silent and joyn in prayers with me ; and i trust in god that we shall all meete , and live eternally in heaven , there to receive the accomplishment of all happinesse , where every teare shall be wiped from our eyes , and every sad thought from our hearts : and so god blesse this kingdome , and jesus have mercy upon my soule . amen . for the advancing of which designe , the earle of straford , then prisoner in the tower , attempted an escape , with sir william belfore , then leiutenant of the tower , promising and assuring him twenty thousand pound , and the marriage of his daughter to sir williams son , if he would but consent unto and assist his escape ; but sir william hated such bribes , and so the neck of all that plot was broken . then , they attempted by foule and false scandals on the parliament , to intice the army of the scots , ( then , still in the north ) to a newtrality , and to sit still whiles our english army acted the farther designes hatched and hammered still in their heads and hearts but this plot prevailed not neither . anno . octob. . about this time , that inhumane bloody rebellion and monstrous massacring of almost innocent english protestants , men , women and children , brake out in ireland , namely , about october . . these accursed rebels having had their principal encouragements and commissions to authorize them in that horrid and hideous rebellion from the court of england , and of purpose to have made england the chiefe seat of the war , and all the papists , prelates , and malignants utmost wrath and rage . for the still effecting of this designe , the malignant party in private , much prevailing still ; the designe now went on , chiefly against the city of london , for which purpose , the leivtenant of the tower , sir william belfore , was ( for his loyalty ) displaced by the king from his leivtenantship , and popish lord cottington , made constable of the tower ; but his dangerous designes being soone discovered , he was as soone displaced ; and collonell lunsford , was made leivtenant of the tower ; but , he also by the parliaments petition and importunity to the king , was displaced ; and sir john byron , a desperate malignant ( who afterward proved the most bloody lord byron , in cheshire ) was made leivtenant of the tower , in lunsfords stead , but he also , on many just jealousies being petitioned against , was at length , with much adoe removed and put out thence , and sir john coyners , by the power of the parliament , was put in his place . to the kings most excellent majesty , and the lords and peers now assembled in parliament . the humble petition and protestation of all the bishops and prelates now called by his majesties writs to attend the parliament , and present about london and westminster for that service . that whereas the petitioners are called up by severall and respective writs , and under great penalties to attend the parliament , and have a clear and indubitable right to vote in bils , and other matters whatsoever debatable in parliament , by the ancient customes , laws , and statutes of this realm , and ought to be protected by your majesty , quietly to attend and prosecute that great service . they humbly remonstrate and protest before god , your majesty , and the noble lords and peeres now assembled in parliament , that as they have an indubitate right to sit and vote in the house of lords ; so are they , if they may be protected from force and violence , most ready and willing to performe their duties accordingly . and that they doe abhominate all actions or opinions tending to popery and the maintainance thereof ; as also all propension and inclination to any malignant party , or any other side or party whatsoever , to the which their own reasons , and conscience shall not move them to adhere . but , whereas they have beene at severall times violently menaced , affronted and assaulted by multitudes of people , in their comming to perform their services in that honourable house , and lately chased away , and put in danger of their lives , and can finde no redresse or protection , upon sundry complaints made to both houses in these particulars . they likewise humbly protest before your maiesty , and the noble house of peers , that saving unto themselves all their rights and interests of sitting and voting in that house at other times , they dare not sit or vote in the house of peers , untill your maiesty shall further secure them from all affronts , indignities and dangers in the premises . lastly , whereas their feares are not built upon phantasies and conceits , but upon such grounds and objects as may well terrifie men of good resolutions , and much constancy . they doe in all duty and humility protest before your majesty , and the peers of that most honourable house of parliament , against all laws , orders , votes , resolutions , and determinations , as in themselves null , and of none effect , which in their absence , since the . of this instant month of december ▪ have already passed ; as likewise against all such as shall hereafter passe in that most honourable house , during the time of this their forced and violent absence from the said most the high commission-court and starr-chamber voted down , and pluralities & non residencies damned by parliament . honourable house ; not denying , but if their absenting of themselves were wilfull and voluntary , that most honourable house might proceed in all their premises , their absence , or this protestation notwithstanding . and humbly beseeching your most excellent maiesty to command the clerke of that house of peers to enter this their petition and protestation among their records . they will ever pray to god to blesse , &c. jo. eborac . tho. duresme , rob. co lich. jos. norw. jo. asa. guli . ba. & wells . gco. heref. rob. oxon. ma. ely , golfr . glouc. jo. peterburg . morris landaff . the bishops also had a pestilent plot about this time , to subvert and overthrow the parliament , by indeavouring to get the king to protest against their proceedings in it ; but twelve of them were thereupon presently impeached of high treason , and ten of them imprisoned in the towre of london , and afterward , they were all disabled from ever sitting againe in the parliament . bishops voted downe root and branch : nullo contradicente , insomuch that the citizens of london the same night , made bonfires , and had ringing of bels . and for the better securing the city within , as well as without , the parliament published an ordinance , thereby injoyning all popish recusants , inhabiting in and about the city , all disaffected persons , and such as being able men , would not lend any money for the defence of the commonwealth , should forth with confine themselves to their owne houses , and not to go forth without speciall licence , as they would answer it at their perills , to the parliament . another ordinance was sent to the lord major , by which the trained bands were authorised to apprehend many of the prime and richest malignants , disaffected affected persons in the city , whereof were four● alderman put in safe custody , in crosby house and some in gressam colledge . . about which time , a letter was sent to mr. john pym , ( a most eminent member of the house of commons ) a most reviling letter , therein calling him traytor , and in the said letter inclosed a plague-sore plaister , thinking thereby to have destroyed him ; but , god mightily preserved him from the infection of it . . after this , the king himselfe ( being guarded with about . armed , ruffianly desperate cavaliers or souldiers ) violently rushed into the house of commons , accused five of their most eminent members of treason , demanded their persons to be delivered up unto him , intending to destroy all that resisted him therein , but c●ost by the happy absence of the gentlemen ; this plot was attempted , januar. . . anno . . after this , one binion , a silkman of london , and the kentish malignants , wherein sir edward deering had a principall hand , framed dangerous and destructive petitions against the proceedings of the parliament ; but were both most justly rejected , and themselves fined and imprisoned for them . . immediately after this , things grew still worse and worse among the malignants , the king himselfe in unjust discontent ( by the desperate counsell of the young lord digby ) forsakes the parliament , and getting the prince to him , leaves london , and presently posts into the north , and there attempts to get hull into his hands , but was happily prevented and bravely opposed by sir john hotham , then , in that time of his outward and seeming fidelity . . the king being at yorke , interdicts the militia , then , set on foot , by the parliament , for their iust safety and defence ; and endeavouring to remove the terme from the city of london , but in both is opposed by the parliament , and the messenger hanged . at ege-hill peeces of can̄on shot against of e : of essex liffegard & not one man hurts , & those brake in vpon of the kings , of the parliā : reg : ran away , & troops of horse , so wee wayre & they , yet wee tooke the standerd & cleste sr : ed : varney standerbearer in the head & slew the lord lindsey generall of the fielde . the queene when shee went ouer beyond seas ▪ one of her shipes where shee had a greate tresury sprung a leake & much was last and spoyled , and when shee returned for england , she had a mighty storme at sea ; brake the mast of van trumpe-ship and after dayes boystrus turmoyle , she was driuēn backe againe , there was broke and last ● ships of amunition and they that were driuen bake uere almost starved ▪ . the king set on foot a most illegall commission of array , to clash against the parliaments mili ia , which occasioned much mischief and misery over the whole kingdome , but the parliaments militia prevailed in most places and parts of the land . . three letters were intercepted , discovering a most desperate plot against the parliament by the royalists , commissary wilmot , ligby , jermine , crofts , and others , which by gods mercy failed them and came to nothing , but we in taking some of their ships were advantaged thereby . . sir richard gurney , then lord major of the city of london , proving a desperate malignant and array man , was crost in his desires , and clapt up prisoner in the tower of london , by the power of the parliament . . proclamations and declarations against the parliaments proceedings were printed and published , and commanded to be read in all the churches and chappels over the whole kingdome within the kings power . . sir john penington , a brave sea-man , but a desperate malignant , was constituted admirall of the seas , for the kings service , but displaced and dispossessed thereof by the parliament ; and the most noble and loyall earle of warwicke ( notwithstanding the kings letters and command to interdict him therein , and to give way to penington ) being put in by the power of the parliament , and possessed of the ships , kept and continued in the place and office for the parliaments service . . hull besieged by the marquesse of newcastle for the king ; and in that interim one beckwich a knowne papist , plotting to have betrayed it , by firing it in foure severall places , and then assaulting it ; yet hull , by gods mighty providence was preserved ▪ and the king after much losse of men and money , enforced to forsake it . the citizens of london voluntarily proffered their service to attend and guard the parliament by land to westminster , to secure them from danger . by water also the stout shipmasters and marriners , likewise made ready a great number of long-boats , furnished with ordnance , muskets , and other sea-like warlike instruments , their vessels also gallantly adorned with flagges and stremers , together with martiall musicke , drums and trumpets , so as it was a rare sight , and when they came to white hall , and understood that the parliament worthies were safely arrived , the trained bands by land , and the valiant sea-men by water , let flye their thundering shot both small and great , their trumpets sounding , and their drums beating , in a triumphing and congratulating manner , a singular testimony of their cordiall affections . the very same day , a numerous company of buckinghamshire men , both gentlemen , ministers , and others of that county on horsebacke , with their protestations in their hats ▪ partly in behalfe of their knight of the shire , but especially to petition the parliament , for reformation of evills in church and state , and to assure their best services and assistance to the parliament , on all just occasions , and out of essex , hartford , berkshire , surrey , and other counties of the kingdome came , one after another . . the earle of essex was ordained lord generall over all the parliaments forces , for the preservation of the kingdome , which he faithfully managed , especially at edge bill and newbery and other places , can abundantly witnesse . . a plot to have blowne up all the lord generalis magazine of powder , and another at beverley in yorkshire , to have slaine sir john hotham , both intended by one david alexander ▪ and hired thereunto , but both timely prevented . . commissions granted to popish recusants to leavy men and armes against the parliament ; but the parliament published a declaration or protestation to the whole world , of their just proceedings therein . . the king received the most bloody irish rebels petition , and permitted their persons with great favour and allowance about him ; calling , and counting them good catholicke subjects ; but utterly rejecting the petition ( exhibited by the lord generall ) desiring peace and reconciliation with him . . a treaty of peace was really intended by the parliament , but meerly pretended for a while , transacted by the royalists ; in which interim , that most bloody bickering at brainford , was committed by the kings party , a piece of villany carried on therein , but ( though with much losse on both sides , but especially on theirs ) by gods great mercy the mischiefe prevented , and the city of london mightily preserved . . a dangerous plot against the kingdome , in new high-sheriffes , for the better collecting of the li . subsidies , intended to have been confirmed to the king in a former parliament ; but , that plot crost by providence , and an ordinance set on foot for the successefull association of counties for mutuall defence one of another , against regall injurious taxations and oppressions on them . a letter sent to mr pym , mr: pym , doe not think that a guard of men can protect you if you persist in your traiterous courses and wiked designes ▪ i have sent a paper-messenger to you , and if this does not touch your heart , a dagger shall so soon as i am recouered of my plague-sore : in the meane time you may be forborn , because no better man may be endangered for you repent , traitor anno . . a notable plot against the city of london , imediately upon the cities preferring a petition to the king , by the hands of two aldermen , and foure commoners of the said city , in reply to which petition ▪ the king sending as his messenger , one captaine h●rn to the city , and the whole body of the city assembling at a common hall , this hern desires faire play above board of them ; but the businesse being found to be a notable designe of the malignant-citizens against the parliament and the ( then ) lord major of london , and the government of their city , the major cry out in the hearing of hern ▪ they would live and dye with the parliament , and so sent hern away with a flea in his care . . another plot contrived at oxford , by a letter sent to all the freemen ▪ iourneymen and apprentices , of the said city to assemble at their severall hills ; and there the masters and wardens of all companies to read the kings letter to them , and to perswade them to yeeld to all the kings commands against the city ; but this letter was crost in the necke and nicke of it , and voted to be evill and scandalous . . a plot also to betray bristol into the royalists hands by one yeomans and bowcher , and divers other their associates ; but discovered , two principall conspirators were by martiall law condemned and hanged . . cheapside-crosse , charing crosse , and all other crosses , in and about london utterly demolished and pulled downe , and that abominable and blasphemous booke of tolerating sports and pastimes on the lords dayes , voted to be burnt , and shortly after accordingly burnt , together with many crucifixes and popish trinckets and trumperies , in the very same place where cheapside-crosse stood , and at the exchange . . mr. pryn sent by the parliament to the towre of london , to search the arch prelate of canterburies chamber and study there , where he was prisoner , who accordingly searching his study , and his pockets of his wearing cloaths ( a just requitall of his dealing with mr. pryn and others ) found the originall scotch service booke , with the arch-bishops owne hand-writings in it , the cause of all the scots wars ; and his diary , devotions , and discoveries under his own hands of matters of high concernment . . the city of london to have been betrayed into the hands of the royalists , under a pretence of a petition for peace , plotted by mr. waller , a member of the house of commons , m. tompkins , m. challenor , and others ; and this plot , termed by king charles in his letter to the queen , one of his fine designes ; but waller one of the prime complotters , was by the sentence of the parliament fined l. in his estate , and sent out of the kingdome into perpetuall banishment , and tompkins and challenor hanged in london . . the breaking of sir john hothams rotten heart and infidelity to the parliament , in his attempted plot for the betraying of that mighty strong town of hull into the queens hands , which treachery was plotted and contrived between sir john the father , captaine hotham his son , and sir edward roades , and began to be suspected by sir john hothams deserting of the noble lord fairfax , by an intercepted letter of the queens to the king , and divers other sumptomes of it , but especially by captaine moyers letter to mr. ripley , and mr. ripley's faithfull acquainting the major of hull therewith , and their first seizing on the block-houses , castles , and commanders of them ▪ and at length their apprehending of the persons of sir john hotham , and sir edward roades , for which treachery sir john hotham and captaine hotham his son was also apprehended , and both of them beheaded at the tower of london . the of may . the crosse in cheapeside was pulled downe ▪ a troope of horse & companies of foote wayted to garde it & at the fall of the tope crosse drom̄es beat trūpets blew & multitudes of capes wayre throwne in the ayre & a greate shoute of people with ioy , the of may the almanake sayeth , was the invention of the crosse , & day at night was the leaden popes burnt ▪ in the place where it stood with ringinge of bells , & a greate acclamation & no hurt done in all these actions . of may the boncke of sports upon the lords day was burut by the hangman in the place where the crosse stoode , & at exchange . die mercurij may . , by vertue of an order of the house of commons , and agreeable to a bill passed by both houses of parliament , for suppressing of divers innovations in churches and chappels , this committee doth require you , and every of you ▪ to take away and demolish every alter or table of stone within your church or chappell and to remove the communion table from the east end of the said church or chappell , and to place the same in some other convenient place of the body of the said church or chappell , and to remove and take away all tapers , candlesticks , and basons from the communion table , and to take away and demolish all crucifixes , crosses , and all images and pictures of any one or more persons of the trinity , or of the virgin mary , and this committee doth further require you to demolish all crucifixes , crosses , images or pictures of any one or more persons of the trinity , or of the virgin mary , upon the outside of your said church or chappell , or any open place within your parish ▪ whereof you are to give an account to this committee , before the day of this moneth . to the church-wardens of the parish of , &c. and every of them . a desperate plot for the betraying of the city and towne of lincolne ▪ by the two purfries , two captains of hull , who let in cavaliers by night , in disguised habits , and who issuing out about of the clocke that night , to act their designe , where a plain fellow of the town discharging a peece of canon upon them , slew of them at one shot , the rest slaine and taken by the cen●inels and sou●●ers of the towne , and so by gods mercy the city preserved . the queen wrote a dangerous letter to the king , to come with all his force to surprize london ; but by gods over power wisdome and good providence , the king refusing that councell resolved to take gloucester first , which he fiercely assaulted , but was as bravely repulsed , and by gods blessing on major gener●l massies fidelity , timely aide comming to relieve the towne , it was admirably freed , and by the lord generalls army , and the city of london regiamen●● delivered . a desperate rebellion raised by the kentish malignants , but by gods mercy timely suppressed about tunbridge , by the valour of collonell brown , and the wel-affected gentry of the county of kent ▪ a ship bound from denmark to the king , of about tun , richly laden with armes and ammunition ; another ship bound from newcastle to holland , laden with sea-coale , but in the midst thereof was found between or livre. hid in the coales , sent to buy armes for the king ; a third great ship called the fellowship , of at least tun , carrying peeces of ordn●nce , all these ● ships taken by the parliaments ships , and made prize of . the comming in of our brethren of scotland with an army of at least horse and foot , invited thereunto by the parl. in the bitter depth of winter , when they marched up to the middle in snow , and were forced to bring their artillery over the ice of the frozen river of tyne , and the citizens of london lent the parliament a li. for the scots first pay , to encourage their advance to helpe us against the kings forces . on tuesday the of may , . the house of commons diving into the depth , and searching to the root of the kingdomes great and grievous distractions , and deepe distempers , and finding that all papists in the kingdome , have ( for the most part ) been main and most eminent yea , and most virulent actors , and abetters , of this present most unnaturall warre against the parliament , and that therefore they should be proceeded against as traytors to the state and kingdome , and thereupon also having just cause to search and see into the prime and principall head or leader of that perfideous faction , fell necessirily may . . voted that the queene pawning the iewells of the crowne in holland & there with buying armes to assist the warr against the parlamt & her owne actuall performances with her popish army in the north was high treason & transmited to the lords ▪ images , crucifixes papistorall bookes in somerset and jameses ware burnt and caphuchin friers sent away may an ordinance for the makeing of fortes , tronches , and bull workes , about the cittie , iuly- - . the assembly of diuines mett dr. jwiss prolocutor . : the totall may ●● challen or and tomkins were hangd for seekeing to betray the cittie . into a long and serious debate , touching the proceedings of the queen , in her late being in holland , and since her late coming back into the north of england , not onely in her countenancing , and incouraging , her aiding , and assisting the present civill war , but in her actuall performance in the same to foment and advance it to the utmost ruine ( as much as in her was ) of our religion and whole realine , for all which , and many other such like misdemeanours , it was debated , and at last fully agreed , that she was as liable to the censure of the law , as any subject in the kingdome , whereupon it was put to the question , whether the queenes pawning the jewels of the crown in holland , and therewith buying armes and ammunition , to be sent into england , to assist the said war against the parliament , and her own actuall performances , with her popish army in the north , were not high treason , and it was resolved most unanimously by the whole house for the affirmative , afterward it being also put to the question , whether they should forthwith declare their intentions to proceed against her by impeachment of high treason ▪ this also was immediatly resolved for the affirmative , and voted that articles of impeachment should be speedily drawne up against her , which votes the house of commons transmitted to the lords for their assent . the bishop of canterburies first prayer on the scaffold , jan. . o eternall god and mercifull father , looke downe upon me in mercy , in the riches and fullnesse of all thy mercies , look upon me , but not till thou hast nailed my sins to the crosse of christ , looke upon me , but not till thou hast bathed me in the blood of christ , not till i have hid my selfe in the wounds of christ , that so the punishment that is due to my sins may passe away and go over 〈◊〉 and since thou art pleased to try me to the uttermost , i humbly beseech th●e , give me now in this great instant , full patience proportionable comfort , a heart ready to dye for thine honour , and the kings happinesse , and this churches preservation , and my zeale to these , far from arrogancy be it spoken , is all the sin , h●mane fralty , excepted , and all incidents thereunto , which is yet known of me in this particular , for which i now come to suffer , i say in this particular of treason , but otherwise my sins are many and great , lord pardon them all , and those especially whatsoever they be which have drawn down this present judgement upon me , and when thou hast given me strength to ●eare it , then doe with me as seemes best in thine owne eyes , and carry me through death , that i may look upon it in what visage soever it shall appear to me ; and that there may be a stop of this issue of blood in this more then miserable kingdome ; i shall desire , that i may pray for the people too , as well as for my selfe : o lord , i beseech thee give grace of repentance to all people that have a thirst for blood , but if they will not repent , then scatter their devices so , and such as are or shall be contrary to the glory of thy great name , the truth and sincerity of religion , the establishment of the king , and his posterity after him , in their just rights and priviledges , the honour and conservation of parliaments , ●● their ancient and just power , the preservation of this poore church , in her truth , peace and patrimony , and the settlement of this distracted and distressed people , under the ancient laws , and in their native liberties , and when thou hast done all this in mercy for them , o lord , fill their hearts with thankfullnesse , and with religious dutifull obedience to thee and thy commandements all their dayes : so amen , lord jesus , and i beseech thee receive my soul to mercy . our father , &c. the bishop of canterburies last prayer on the scaffold . lord i am comming as fast as i can , i know i must passe through the shadow of death before i 〈◊〉 come to see thee , but it is but um●ra mortis , a meere shadow of death , a little darknesse upon nature , but thou by thy merits and passion hast broke through the jaws of death ; so , lord , receive my soule , and have mercy on me ▪ sr. alexander carow , sr. iohn hotham , captin hotham & the arch bishop of canterbury , beheaded on jowerhill for treason against the parliament . the great seale broken before the lords and commons on tusday the august and blesse this kingdome with peace and plenty , and with brotherly love and charity , that there may not be this effusion of christian blood amongst them , for jesus christ his sake , if it be thy will . and when he said , lord receive my soule , which was his sign , the executioner did his office . a desperate plot of the royalists to starve up the city of london , by breaking into surry , sussex , kent , and the other associated counties , but disappointed by the parliaments victories at aulton and alsford , fought by sir walliam waller , with the help of the city of londons regiments ; and the royalists plots to hinder our brethren of scotlands comming in to our helpe , by letters and embassadors sent from france , and messengers from king charles to inveagle them to help from us ; but all in vaine by gods good providence and 〈◊〉 to 〈◊〉 . the king granted a cessation of armes with the bloody rebels of ireland , and afterward justified it by a declaration of his , printed and published at oxford ▪ but it was remarkeably observed , that he never prospered in any of his great designs after that . a solemn league and covenant taken by the lords and commons in parliament , and by the city of london , and all parts of the kingdome , in the parliaments power , for a pure reformation of religion and church government , and a mutuall defence betwixt us and our brethren of scotland . a notable plot by the royalists to have nottingham town and castle , betrayed unto them , the officers therein being proffered above livre. to consent to it ; but prevented by colonell hutchinson , who was the governour thereof . a generall plot against the protestant religion over all christendome , and the danes and hollanders also , but god wrought a mighty overture therein by the sudden breaking out of the danes plot against the swedes , and their over-running almost all denmark thereupon , that he could do nothing . a desperate plot against the city of london , under a pretence of petitioning for peace , acted by sir basil brook , colonell read , and one mr. ripley , & vilet , citizens of london , and others , but discovered and prevented . . two desperate plots for the betraying of alsbury into the royalists hands ; and another against southampton , but all three timely discovered also , and prevented . one mr. edward stanford , a papist , plotted with captain backhouse a capt. of horse , under colonell massie for the betraying of the city of glocester into the enemies hands , and proffered livre. for a reward thereof , li . whereof was paid in hand to the said captaine , but by gods providence the plot frustrated , and gloucester safely preserved . englands great wonder to gods glory , there being ( about may . ) six brave armies in this kingdome , on the parl. side , and other forces for defence of the city of london , besides . ● a plot to have betrayed our whole army in cornwall in the west , but by gods blessing most of the souldiers lives were preserved , though with the losse of our artillery . sir alexander carew , sir john ho ham , captain hotham and the arch ▪ prelate of canterbury beheaded on tower-hill for treason against the parliament . . a peace onely pretended by the royalists at uxbridge , and a treacherous petition framed by the malignants of buckingham shire , wherein one sir john lawrence of that county was a great stickler , but the mischiefe of both was frustrated . . a desperate assault on melcomb-regis , to have betrayed it into the royalists hands , wherein divers of the malignant townsmen had a principall hand , and colonell goring and sir lewis dives , were agents therein , but the plot was frustrated , the towne and forts recovered , and two ships with rich prize from rhoan in france , were seized on to make amends for their trouble . . . divers earles and lords forsooke oxford , and came in and submitted themselves to the parliament . . a desperate plot in the west against the parliament , by the clubmen , but by gods providence turned to the enemies greatest hurt in the issue . . a devillish sudden plot upon scotland , which was almost over-run by traiterous montrosse , but as suddenly recovered againe , by gods blessing on generall david lesley , and montrosse discomfited and beaten away into the mountaines . . . a discovery of grosse impiety in the oxonians , pretending a desired treaty with the parliament , for a well-grounded peace , and yet at that time the earle of glamorgan , had a commission to the ruine of all the protestants in ireland , and so consequently of us in england also . . the great seale broken before the lords and commons , on tuesday the . of august . die sabbati . april . . be it ordained by the lords and commons in parliament assembled , that all and every person of what degree or quality soever , that hath lived or shall live within the kings quarters , or been aiding , assisting , or adhering unto the forces raised against the parliament , and hath or shall come to inhabit or reside under the power and protection of the parliament , shall sweare upon the holy evangelist in manner following . the negative oath . i a. b. doe swear from my heart , that i will not directly nor indirectly adhere unto , or willingly assist the king in this warre , or in this cause against the parliament , nor any forces raised with the consent of the two houses of parliament , in this cause or warre . and i do likewise sweare that my comming and submitting my selfe under the power and protection of the parliament , is without any manner of designe whatsoever , to the prejudice of the proceedings of the two houses of this present parliament , and without the direction , privity , and advice of the king , or any of his councell , or officers , other then what i have now made knowne . so helpe me god , and the contents of this book . and it is further ordained by the authority aforesaid , that the commissioners for keeping of the great seale of england , for the time being , shall have power , and are hereby authorised to render and administer the said oath unto any peere , or wife , or widow of any peere , so comming to inhabit as abovesaid . and it shall be lawfull to and for the committee of the house of commons for examinations , the committee for the militia in london , and all committees of parliament in the severall counties and cities of the kingdome , to tender and administer the said oath unto every person so comming to inhabit as abovesaid . and if any person ( not being a member of , or assistant unto either of the houses of parliament ) shall refuse or neglect to take the said oath , so duly tendered unto him or her , as abovesaid , the said commissioners and committees respectively , shall , and may commit the same person to some prison , there to remaine without baile or mainprize , untill he shall conforme thereunto . jo. brown cler. parliamentorum . . the king escaped out of oxford in a disguised manner , with two onely in his company , one of which was mr. ashburnham : the king and the other party going for the said ashburnham's men . the king carried a cloak-bagge or portmantle behind him like a serving man . ordered that it be declared , and it is hereby declared by the lords and commons in parliament assembled , that what person soever shall harbour or conceale , or know of the harbouring or concealing of the kings person , and shall not reveale it immediately to the speakers of both houses , shall bee proceeded against as a traytor to the common-wealth , forfeit his whole estate , and dye without mercy . a letter from the commissioners of scotland , concerning his majesties comming to the scotch . army may . . right honourable , the discharging of our selves of the duty wee owe to the kingdome of england , to you as commissioners from the same , moves us to acquaint you with the kings comming in to our army this morning , which having overtaken us unexpectedly , hath filled us with amazement , and made us like men that dreame ; wee cannot thinke that hee could have beene so unadvised in his resolutions , as to have cast himselfe upon us , without a reall intention to give full satisfaction to both kingdomes , in all their just and reasonable demands , in all those things that concerne religion and righteousnesse ; whatsoever be his disposition or resolution , you may be assured , that we shal never entertaine any thought , nor correspondency with any purpose , nor countenance any indeavours that may in any circumstance incroach upon our league and covenant , or weaken the union o● confidence betwixt the nations , that union to our kingdom was the matter of many prayers , and as nothing was more joyful unto us then to have it set on foot , so hitherto have we thought nothing too deare to maintaine it , and we trust to walke with such faithfullnesse and truth in this particular , that as we have the testimony of a good conscience , within our selves , so you , and all the world shal see that we mind your interest with as much integrity and care as our owne , being confident you will entertaine no other thoughts of us . signed may , . lothian his majesties letter to the parliament of england touching his good intention , not to prolong the warre , but to secure his person , and labour the composing of the differences betwixt him and the kingdomes . the king escapes out of oxford in a disguised maner a remonstrance exhibited in the name of the lord major , aldermen and common-councell of the city of london , to the high court of parliament . some particulars whereof are these following . that some strict and speedy course may be taken for the suppressing of all private and separate congregations . that all anabaptists , brownists , hereticks , schismaticks , blasphemers , and all such sectaries as conforme not , to the publique discipline established , or to bee established by the parliament , may fully be declared against , and some effectuall course settled for proceeding against such persons . that as we are all subjects of one kingdome , so all may be equally required to yeeld obedience to the government either set , or to be set forth . that no person disaffected to the presbyterian government , set , or to be set forth by the parliament , may be imployed in any place of publique trust . his majesty gave speedy order to several officers for the surrender of the towne castles , and forts , which then were in the hands of the kings commanders , viz. oxford , worcester , litchfeild and wallingford . a petition delivered to his excellency from the officers and souldiers in the army ; touching their faithfullnesse in the parliaments service doing summer service in the winter season , &c. further presented severall designes of theirs . . that an ordinance of indempnity with the royall assent be desired . . that satisfaction may be given to the petitioners for their arrears , both in their former service , and in this army before it be disbanded . . that those who have voluntarily served the parliament in this kingdome may not be prest to serve in another kingdome , &c. . that those who have lost lives , limbs , or estates , may be provided for , and relieved . a letter from his excellency to the severall officers of the army for the advance of the irish service , and prevention of all hindrances , &c. . the apology in answer to his excellencies letter , relating their sense of a second storme now hanging over their heads by the malice of a secret enemy , worse then the former now vanquished , expressing their sorrow that they cannot desire their owne security without hazard to his excellency , &c. a second apology of all the private souldiers in the army to their commission officers . concerning the abuse to divers wel-affected to the army by imprisonment , to the ruine of their estates , and losse of their lives . and for their candid intentions and endeavours declared no lesse then troublers and enemies to the state and kingdome , resolving rather to dye like men , then to be enslaved and hanged like dogs , &c. whereunto were annexed divers particulars agreeable to the former , delivered in to his excellency , march . . a letter from his excellency to the earle of manchester , concerning the votes of both houses , as also his griefe of heart for the distractions betwixt the parliament and army , desiring that all things may be determined in love , &c. a letter from his excellency to both houses concerning the kings being brought from holdenby . that some souldiers secure the king from being secretly conveyed away . that the souldiers of holdenby , with the kings consent , brought him away from thence , &c. that his majesty was unwilling to returne backe againe to holdenby , &c. and that the removall of his majesty from holdenby , was no designe , knowledge , or privity on his part , &c. a particular charge against the eleven members impeached by the army : . that mr. denzil hollis being one of the speciall commissioners for the parliament to present propositions to the king at oxford , made private addresses to the kings party then in armes against the parliament , and did secretly plot and advise them against the parliament , &c. . that the said mr. denzil hollis , and sir phillip stapleton , during the late war , when the earle of lindsey went from the tower to oxford , sent severall messages of intelligence to the earle of dorset , &c. . that the said mr. hollis , sir phillip stapleton , sir wil. lewis , sir john clotworthy , sir wil. waller , sir joh. maynard , ma. gen. massie , mr. glyn , mr. long , col. edward harley , and anthony nicholas , in the months of march , april , may , and june last ; in prosecution of their evill designs , met in divers places with persons disaffected to the state , for holding correspondency with the queen of england now in france , and incouraged her party there . . and indeavoured to bring in forraigne forces , and listed divers commanders and souldiers there to raise and leavy a new warre . . and affronted divers petitioners that came in a peaceable manner , boysterously assaulting them , &c. . imprisoned some members of the army , and to dis-obliege the army from the parliament . the solemn engagement of the citizens , commanders , officers , and souldiers , &c. the sollomne engagement of the citizens commanders and souldiers a pamphlet of paul bests burnt according to the order of parliament . the army marching toward the city , orders were given to the traine-bands to goe to the workes . the auxiliaries are raised to defend the city . a proclamation by beat of the drum for all that are able to beare armes , and are not listed to come to receive them . the house of commons and the lords likewise met according to the order of adjournment , july . but neither of the speakers . at length they proceeded to a new election and voted mr. pelham a counsellour , and member of the commons house speaker pro tempore . the lords made choice of the lord grey to be speaker of their house pro tempore . the sergeant at armes being absent with the mace when the commons chose their speaker , had the city mace , and chose mr. norfolke sergeant at armes . after which proceeding to debate the great affaires touching the city and kingdome , they voted as followes : . that the king come to london . . that the militia of the city shall have full power to raise what forces they shall thinke fit to the same . . that they may make choice of a commander in chiefe to be approved of by the house , and such commanders to present other officers to be approved of by the militia . the common-councell made choice of major generall massie to command in chiefe all the city forces . ordered by the militia that all reformadoes and other officers should the next day at two of the clocke beli●ted in st. jamses fields . and that the forces already listed should be put in a regimentall way . a great appearance in st. jamses fields of officers and reformadoes that were listed . order given for staying of horses in the city , and many listed . most of the eleven members sate in the house , and in the afternoone m. gen. massie , sir william waller , and col. gen. poyntz , were at listing the reformadoes . command given that all shops be shut up by sound of the trumpet throughout the city . the declaration of the lord major , aldermen , and common-councell published . a briefe of which , that his majesty was surprised at holdenby , and no place for his majesties residence allowed by the army nearer then their quarters ; therefore to settle peace , and establish true religion , ease the kingdomes burden , establish his majesties just rights , maintaine the parliaments priviledges , and relieve bleeding ireland , they professe the maine of their enterprise , &c. a petition in the names of many thousands well-affected citizens for some way of composure , &c. at which time col. gen. poyntz and other officers of the new list , attending for their orders upon the militia , came into guild-hall yard , and most cruelly hackt and hew'd many of the aforesaid petitioners , divers whereof were mortally wounded , whereof some since dyed . the earle of warwicke and earle of manchester having quit the houses retired into essex , and sent word to the generall they had cast themselves upon his protection . the lord say , lord mogrene , and divers other lords , with many of the house of commons , came to the head quarters , desiring the generalls protection . six aldermen , and twelve common-councell men are sent with a letter to the generall from the city , wherein they declare their unwillingnesse to a new war , desiring his excellency to receive the sense they apprehend the army hath taken against the city . a letter presented to the generall from the inhabitants of southwarke , relating their withstanding the designe of raising a new war , desiring some aid from his excellency for their protection . generall massie sends out scouts , but neare brainford thirty of his men were chased by ten of his excellencies , and tooke foure of gen. massies . a letter from the city to the generall , shewing their readinesse to joyn with his excellency , and according to his direction to receive those honourable members that were forc'd to retire by reason of the tumultuous affront , and willingly submit to be determined by both houses as they shall thinke fit , having recalled their late declaration against the armies proceedings , &c. about two of the clocke in the morning , col. rainsborough , col. huson , col. pride , and col. thistel●el , with their severall regiments of horse and foot marched into the borrough of southwarke ; the great fort was presently yeelded up to them without opposition . his majesty in a letter sent to the generall , acquits himselfe of the great scandall of having a hand in the late tumult , testifying his dislike thereof , accounting it a very dishonourable way to be brought to london in a tumultuous way . the members that were forced away returne to sit in westminster againe guarded by the souldiers . the houses being sat with their old speakers . the house of peers upon debate passed an ordinance for making his excellency thomas lord fairfax , high constable of the tower of london . the house ordered a gratuity of a months pay to be given to all the non-commission officers and private souldiers , for their great service . a committee appointed to finde out the chiefe promoters of the late designe of the tumult at westminster , and raising a new war . his excellency marches through the city with his army , horse and foot , and traine of artillery , without the least affront or prejudice to any ; they were marching through the city from eleven of the clocke , untill eight at night . by many thousands young men and apprentices of london , there was presented a humble acknowledgement and congratulation to his excellency for his many great services to the kingdome and city of london , resolving to live and dye with his excellency . an ordinance past both houses for declaring all votes , orders , and ordinances , past both houses , since the forcing both houses july . untill the . of this present august . to be null and void . the lords and commons make a new militia , consisting of . in number . the line of communication and workes about the city demolished , and the ordnance drawne off . upon information of the eleven late impeached members who had been very active in the late designe , it was ordered that they appeare at westminster , . octob. a letter from lieu. gen. crumwel to the house of commons acquainting mr. speaker , that his majesty had withdrawne himselfe at . the last night , his majesty having left his cloake behinde him , and some letters in his withdrawing roome . his majesties letter , hampton-court , novem. . . liberty being that which in all times hath been , but especially now is the condition , the aime and desire of all men . common reason shews that kings lesse then any should endure captivity ; yet i call god to witnesse with what patience i have endured a tedious restraint , which so long as i had any hopes that this sort of my suffering might conduce to the peace of these three kingdomes , or the hindring of more effusion of blood , i did willingly undergoe , but now finding by two certaine proofes , that this my continued patience would not onely turne to my personall ruine , but likewise be of much more prejudice then furtherance to the publique good , i thought i was bound as well by naturall as politicall obligations to feeke my safety by retyring my self for some time from publique view both of my friends and enemies , and i appeale to all indifferent men to judge , if i have not cause to free my selfe from the hands of those , who change their principles with their condition , and who are not ashamed openly to intend the destruction of the nobility , by taking away their negative voyce , and with whom the levellers doctrine is rather countenanced then punished ; and as for their intentions to my person , their changing and putting more strict guards upon me , with the discharging most of all the servants of mine , who formerly they admitted to wait upon me , doe sufficiently declare : nor would i have this my retirement mis-interpreted , for i shall earnestly and uncessantly endeavour the settleing of a safe and well-grounded peace , where ever i am or shall be , and that ( as much as may be ) without the effusion of more christian blood , for which how many times have i prest to be heard , and yet no care given to me ; and can any reasonable man thinke ( according to the ordinary course of affaires , there can be a settled peace without it , or that god will blesse those that refuse to heare their own king , surely no ? i must further adde that ( besides what concernes my selfe ) unlesse all other chiefe interests have not onely a hearing , but likewise just satisfaction given to them ( to wit , the presbyterians , independents army , those who have adhered to me , and even the scots ) i say there cannot ( i speake not of miracles , it being in my opinion a sinfull presumption in such cases to expect or trust to them ) be a safe and lasting peace : now as i cannot deny but that my personall security is the urgent cause of this my retirement , so i take god to witnesse the publicke peace is no lesse before mine eyes , and i can finde no better way to expresse this my profession ( i know not what a wiser man may doe , ) then by desiring and urging that all chiefe interests may be heard , to the end each may have just satisfaction ; as for example , the army , ( for the rest , though necessary , yet i suppose are not difficult to consent ) ought ( in my judgement ) to enjoy the liberty of their consciences , and have an act of oblivion or indempnity ( which should extend to the rest of all my subjects ) and that all their arrears should be speedily and duely paid , which i will undertake to do , so i may be heard , and that i be not hindred from using such lawfull and honest means as i shall choose : to conclude , let me be heard with freedome , honour , and safety , and i shall instantly breake through this cloud of retirement , and shall shew my selfe to be pater patriae . c. r. the copy of the paper entituled by the mutinous agents ; an agreement of the people &c. in briefe : having by their labour and hazard got their enemies into their hands , they are resolved to avoid danger of returning into a slavish condition , and the chargeable remedy of another war ▪ &c. doe declare , . that the people of england being very unequally distributed by counties , &c. for the election of their deputies in parliament ought more indifferently to be proportioned , &c. . from the inconvenience arising from the long continuance of the persons now in authority , this parliament be dissolved , september the last . . that the people of course do choose them a parliament once it two years , &c. . that the power of this , and all future representations of this nation is inferiour onely to those that choose them , &c. . that matters of religion , and the wayes of gods worship , are not at all intrusted to us by humane power , &c. a great tumult , insurection , and muteny in london breaking open divers houses , and magazines of armes and ammunitian breaking open divers houses seazing on the drumes , gates , chaines , & watches , of the citty assaulted and shot into the l : mayors house and killed one of his guard etc. . that impresting any of us , and constraining us to serve in the war , is against our freedome , &c. at this common-councel , mr alderman fowk , and mr. alderman gibs , by the directions of the committee of the militia of london , did make a large relation of the great tumult , insurrection and mutiny , which happened in this city on the last lords day , and on munday last , by many evill disposed persons , which first began on the lords day in the afternoon in the county of middlesex , where they seized the colours of one of the trained bands of the said county , who were there imployed for the suppressing of such persons as did profane the lords day ; and being dispersed by some of the generalls forces , did gather together within the city of london and liberties thereof , and in a riotous manner did break open divers houses and magazines of arms and ammunition , and took away arms , plate , money and other things , and did seize upon the drums of the trained-bands of this city , which were beating to raise their companies , and armed themselves , and beat up drums , and put themselves in a warlike posture , and seized upon the gates , chaines , and watches of this city , and then marched to the lord majors house , & there assaulted the lord major , sheriffes , committee of the militia of london , and other magistrates of the same ; and did shoot into the lord majors house , beat backe his guards , killed one of them , wounded divers others , and seized , and took away a piece of ordnance from thence , with which they did afterwards slay and wound divers persons , and committed many other outrages : all which matters being largely debated , and many particulars insisted upon , both for the discovery and punishment of the said misdemeanours and outrages ; and also for the preventing of the like for time to come , it was at the last concluded and agreed by this common-councell as followeth : first , this common-councell doth generally conceive that this city was in great danger , by reason of the said outrages and misdemeanours , and that if the same had not so timely beene prevented and stayed , the whole city would have been exposed to the fury and rage of the said malefactors , and this common-councell doth declare , that the same misdemeanor and outrage was a horrid and detestable act , tending to the destruction of the city , and that they do disavow the same , and with an utter detestation do declare their dislike thereof . and this common-councell doe appoint the committee of the militia of london to make the same known to the honourable houses of parliament , and also to make an humble request unto them , that an order may be issued forth from them to the several ministers of this city and the places adjacent , that they may be directed to give publique thanks to almighty god , the author of this great and wonderfull deliverance from that imminent danger wherein this city and parts adjacent were involved . and further , the said committee are appointed by this court , to apply themselves to the honourable houses of parliament , for the obtaining of a speciall commission of oyer & terminer , for the trying and punishing of the malefactors that had a hand in this detestable action , according to the known laws of this land . and this court with thankfull hearts do acknowledge the instruments under god , by which they obtained this deliverance , to be by the forces raised and continued by the parliament , under the command of his excellency the lord generall fairfax ; and to manifest the same , this common-councell do also order , that the said committee of the militia , in the name of the city , as a thing agreed upon by an unanimous consent , shall return their hearty thanks to his excellency , for his speedy and seasonable ayd , afforded unto the city in this their great straight and danger . and this court with a general consent , do well approve of the endeavours of the said committee of the militia for london , for the raising of the forces of the city , and in their procuring of the said ayd and help from his excellency in this extremity , and what else they have done for the appeasing and suppressing of the said tumul s. and this court do give thanks to the said committee of the militia , for their care and pains by them taken upon this sad occasion : and they doe appoint mr. alderman fowk to declare the same their thanks to such of the said committee as are not of this court . and this court doth also with all thankfulnesse acknowledge the pains and care of the right honourable the lord major , and the right worshipfull the sheriffes of this city therein . and this court doe generally declare , that it is the duty of every citizen of this city , by himselfe and all that doe belong unto him , or is under his command , to be ready upon all occasions to be ayding and assisting unto the lord major , and the rest of the magistrates of this city , for the suppressing of all tumults and disorders within the same . and the severall persons now present at this common councel , by the holding up of their hands have promised , that for the time to come they will use their utmost endeavour , and be ready upon all occasions to doe the same . michel a rising in norwich , where they seised upon the magazine , and those that fired the same were destroyed , but those that were cordiall friends to the parliament , being underneath , the house fell part of it upon them , that part below them , and the powder , were all saved , one having his head seen , was digged out , after he was out , he told of others , untill all were digged out without losse of life or limbe . sir marmaduke langdale tooke barwicke by vertue of a commission from the prince . sir thomas glenham , and sir phillip musgrave , tooke carlile . sir gilbert errington took harbotle castle in northumberland for the king . the commissioners of the parliament of england presented a paper to the parliament of scotland to declare against those in barwicke and carlile , but it was laid aside , no answer to any other papers , the commissioners of the kirke of scotland have declared against the declaration of the parliament of scotland , the parliament past another declaration , and putting it to vote whether it should be sent at all to the commissioners of the kirke , it was resolved in the negative : the commissioners of war sit daily to put the kingdome into a posture ; nothing talked of but war , divers new colours preparing for severall regiments . the routing of the welch in southwales under the command of major general laughorne being . horse and foot , took all their ammunition and armes . . captaines , . lieutenants , . ensignes , . private gentlemen . souldiers in custody . finis . an account of the kings late revenues and debts. or a true copie of some papers found in the late archbishop of canterburies studie, (one of the commissioners for the exchequer, an. . and .) relating to the kings revenue, debts, and the late lord treasurer portlands gaines by suits, and sale of offices: necessary to be knowne for the common good. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an account of the kings late revenues and debts. or a true copie of some papers found in the late archbishop of canterburies studie, (one of the commissioners for the exchequer, an. . and .) relating to the kings revenue, debts, and the late lord treasurer portlands gaines by suits, and sale of offices: necessary to be knowne for the common good. prynne, william, - . p. printed for michaell sparks, london, : . attributed by wing to william prynne. annotation on thomason copy: "may th". reproduction of the original in the british library. eng portland, richard weston, -- earl of, - -- early works to . england and wales. -- exchequer -- early works to . finance, public -- great britain -- early works to . misconduct in office -- england -- early works to . a r (thomason e _ ). civilwar no an account of the kings late revenues and debts. or a true copie of some papers found in the late archbishop of canterburies studie, (one of prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an accovnt of the kings late revenue and debts . or a true copie of some papers found in the late archbishop of canterburies studie , ( one of the commissioners for the exchequer , an. . and . ) relating to the kings revenue , debts , and the late lord treasurer portlands gaines by suits , and sales of offices : necessary to be knowne for the common good . london , printed for michaell sparks . national emblems of england, scotland, wales and ireland extraordinary monyes paid into the receipt of his maiesties exchequer , since the beginning of his raigne , till aprill .           l. s. d. sales . by contract with the city of london and others . . . . . . ½ of lands to particular persons and assessements . . of wood to particular persons . . . fines . for not taking the order of knighthood and assessements . . . . loanes . by privy seales . . . . . . ½ of the lords and laitie according to the rate of five subsidies . . . ½ of particular persons upon interest . . reprisall goods and tenths .   l. s : d . . reprisall goods and wrecks . . tenths of the admiralty . . . subsidies . of the nobillity and laity . . . ½ . . . ½ of the clergie . . . portion q●eenes portion . . . . ½ guifts towards the defence of the palatinate , and otherwise . . . fines of leases . sugars . . .   . . . petty-farmes . . . seacoles . . . . customes of ireland . . . sales of iron ordinance . . . . . ½ tobacco by agents in . yeares . . gold and silver plate . jewels . . . provisions in the kings house . . . ½ of amber , and one ship . . . privy purse . . fines , for retayling tobacco . . . . ● . . buildings . . . ireland monyes transported out of irel. for defence of the coasts . .   defective titles . . . . . .   other small extraord . . . . ½   l. s. d. summ. total . . . . the ordinary annual revenue ( besides these extraordinarie vi●set modis , amounted yearely to about . l. monies lent to king charles not repaid .   l. l. sir william curteene , remaine of . . lent anno . sir peter vanlore , remaine of . . lent anno . sir roger palmer knight . . lent anno . more lent by him , anno . . iohn bland and hugh perry remaine of . . lent anno . sir cornelius vermuden lent anno . . phillip burlamachi , lent annis . & . . viscount camden lent , anno . . sir william courteene knight remaine of . ▪ lent anno . iohn mouncie , remaine of . . lent anno . alexander storford esquier lent anno . . charles harbard esquier , lent anno . . sir iames bagg knight , ▪ lent annis . & . thomas isaack lent anno . . lord cottington lent anno . . sir iohn winter knight , lent anno . . soap-makers lent annis . & . . . totall l. s. d. . . . the state of the lord hollands debt from the king by privy seale . april : . ad. . april : . writ with the archbishops owne hand . principall money . . . by privy seale .   . for a diamond ring . . lost to the earle at play . paied of this debt . . by the wardship of the lady preston . l. s. d. . . . . by the sa●e of drayton , &c . l. . s. . d. . by the purchase of wakefield . l . by an assignment upon burlemachie . restat l. s. d. . . . . interest money demanded . . . . loss by exchange of the monyes out of france by burlemachie . . summ. . l. . s. . d. hee challenges . l. . s. . d. the principall money was guift , and made a debt by a privy seale acknowledging it ; no warrant that any forbearance money should be paid before the principal . shall the king pay so much interest , because he did not give the money sooner , or pay it so soone as it was promised ? a copie of the paper with the kings hand to it , of such monyes as he allowed the lord treasurer portland to receive . vvhen your most excellent majesty was pleased to conferr upon your most humble servant , the place of treasurer of england , he made your majesty acquainted , how unable he was to support that estate , and how unwilling to draw any of your profits or revennew pertaining to your majesty ; you were pleased to give him leave to acquire some meanes to himselfe , by such suits and businesses which passed through his hands ; which without your majesties knowledge he would not have done , and hath from time to time acquainted your majesty therewith , but doth now for your majesties better satisfaction make remembrances of such monyes as he hath had , to be subject to your majesties veiw . . when your majesty made a grant of your preemption of tinne , though the present farmers pay more yearely then the former would give , yet they freely gave your humble servant . . l. . within a while after you were pleased to bestow of your majesties abundant grace on your servant for his present support . . . iames maxwell gave him for the office of the clark of the court of wards . . sir w. withypoole for pardoning his burning in the hand . . the e. of cork at his departure , presented your servant as a meere guift . . the duches of buckingham gave him . . sir sackvile crow ▪ . sir philip caryes office . . a great debt was owing to burlemachie for which he was willing to accept of a lease of the sugars , for satisfaction of above . l. which though it was thought a hard bargaine to him , yet he well knowing how to mannage it , of his owne accord after the bargaine made , without contract or demand proferred your servant . l. wherewith he acquainted your majesty , and by your approbation accepted it , and there was paid unto him . l. . mr. fanshew for the office of clerk of the crowne . . sir allen apslye at severall times . . of the earle of barkeshire for the green-wax . . . of sir arthur ingram for the changing of his lives ▪ for his pattent of the secretaryship of york . . . of sir corn : vermuden for my part of adventure in the leadmynes , which he allowed , and afterwards redeemed of me . . of mrs. bagnall for her ward . . . the third part of the imposition upon coles . i have taken all these severall particulars into my consideration , and doe acknowledge your cleare and true dealing with me in the matters and summes above mentioned , and in acquainting me with them , from time to time , and weighing with my selfe the good service you have done me in the treasurer-ship , and the great charge you have and must be at in the sustaining of that place , i do approve and allow of all these monyes by you , to your owne use , in all amounting to . l. sterling . at hampton court the . of october , . charles r. this paper was copied out by the arch-bishops owne hand , with this endorsement : rece . april . . by which you may discerne ; that lord treasurers knew how to enrich themselves by suits and bribes . fjnjs . former ages never heard of, and after ages will admire, or, a brief review of the most materiall parliamentary transactions, beginning, nov. , wherein the remarkable passages both of their civil and martial affaires, are continued unto this present year published as a breviary, leading all along, successively, as they fell out in their severall years, so that if any man will be informed of any remarkable passage, he may turne to the year, and so see in some measure, in what moneth thereof it was accomplished : for information of such as are altogether ignorant of the rise and progresse of these times : a work worthy to be kept in record, and communicated to posterity. vicars, john, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing v ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) former ages never heard of, and after ages will admire, or, a brief review of the most materiall parliamentary transactions, beginning, nov. , wherein the remarkable passages both of their civil and martial affaires, are continued unto this present year published as a breviary, leading all along, successively, as they fell out in their severall years, so that if any man will be informed of any remarkable passage, he may turne to the year, and so see in some measure, in what moneth thereof it was accomplished : for information of such as are altogether ignorant of the rise and progresse of these times : a work worthy to be kept in record, and communicated to posterity. vicars, john, or - . jenner, thomas, fl. - . [ ], p. : ill. printed by m.s. for tho. jenner ..., london : . attributed to john vicars (cf. nuc pre- ); occasionally attributed to thomas jenner. first published in with title: a brief review of the most material parliamentary procedures. reproduction of original in huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- politics and government -- - . a r (wing v ). civilwar no former ages never heard of, and after ages will admire. or a brief review of the most materiall parliamentary transactions. beginning, nov: vicars, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - simon charles sampled and proofread - simon charles text and markup reviewed and edited - pfs batch review (qc) and xml conversion former ages never heard of , and after ages will admire . or a brief review of the most materiall parliamentary transactions . beginning , nov : . . wherein the remarkeable passages both of their civil and martial affaires , are continued unto this present year . published as a breviary , leading all along successively , as they fell out in their severall years : so that if any man will be informed of any remarkeable passage , he may turne to the year , and so see in some measure , in what moneth thereof it was accomplished . for information of such as are altogether ignorant of the rise and progresse of these times . a work worthy to be kept in record , and communicated to posterity . who is wise , and he shall understand these things ? prudent , and he shall know them ? for the wayes of the lord are right , and the just shall walk in them : but the transgressors shall fall therein . hosea . . london : printed by m. s. for tho : jenner , at the south-entrance of the royal exchange , . the chronology . in the first year of king charls his reign , a parliament being called at oxford , two subsidies were granted , no grievances removed , but the said parliament soon dissolved . the sad effects which the dissolution of this parliament produced , were the losse of rochel , by the unhappy help of englands ships . the diversion of a most facile and hopeful war from the west indies , to a most expensive and succeslesse attempt on cales . the attempt on the isle of ree , and thereby a precipitate breach of peace with france , to our great losse . a peace concluded with spain , without consent of parliament , contrary to a promise formerly made to the kingdome by king james , a little before his death ; whereby the cause of the palatinate was altogether most shamefully deserted by us . the kingdome suddenly billetted with souldiers , and a concomitant project set on foot for germane horses , to force men by fear to fall before arbitrary and tyrannical taxations , continually to be laid upon them . d parliament . the dissolution of a second parliament at westminster , in the second year , after a declarative grant of no lesse then five subsidies , and the sad issues that flowed to the kingdom thereupon . as first , the violent exacting from the people that mighty sum of the five subsidies , or a sum equal to it by a commission for a royal loan . many worthy gentlemen imprisoned and vexed , that refused to pay it . great sums extorted by privy seals and excises , and the most hopeful petition of right blasted . d a third parliament called , and quickly broken in the fourteenth year of the king , the best members clapt up close prisoners , denied all ordinary and extraordinary comforts of life ; and so that parliament was dissolved . opprobrious declarations published to asperse the proceedings of the last parliament , yea proclamations set out to those effects , thereby extreamly to dishearten the subjects , yea , and plainly forbidding them once to name a parliament , or to desire them any more . whence immediately gushed out the violent inundations of mighty sums of money , got by that strange project of knight hood , yet under a colour of law . the most burthensome book of rates , the unheard of taxation of ship-money , the enlargement of forrests , contrary to magna charta , the injurious taxation of coat and conduct money , the forcible taking away of the trained bands arms , ingrossing gunpowder into their hands in the tower of london . the destruction of the forrest of dean , which was sold to papists , whence we had all our timber for shipping . monopolies of sope , salt , wine , leather , and sea coal ; yea , almost of all things in the kingdome of most necessary and common use . restraint in trades and habitations , for re●●sall of which foresaid heavy pressures , many were vext with long and languishing sui●s , some fined and confined to prisons , to the losse of health in many , of life in some ; some having their houses broken open , their goods leized on , their studies or closets searched for writings , books , and papers to undo them : some interrupted also in their sea-voyages , and their ships taken from them . the crushing cruelties of the star-chamber court , and councel table , where the recorder of salisbury was greatly fined for demolishing the picture of the first person in the trinity , in their great cathedrall . thus far for the miseries of the common-wealth ; popish ceremonies , romish innovations , and such like outrages of the arch prelate of canterbury , and his prelaticall agents and instruments , over the whole kingdome , in matters of religion , divine worship , and spiritual cases of conscience . additions in the oath administred to the king , at his first inauguration to the crown , by the arch-bishop . fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gagges , confinements , and banishments ; yea , and that into perpetual close imprisonments , in the most desolate , remote , and ( as they hoped and intended ) remotest parts of the kingdome , mr. burton , mr. bastwicke , mr. prin. the ruinating of the ●●eoffees for buying in of impropriations , and the advancing to ecclesiasticall livings arminians , silencing with deprivations , degradations , and excommunications , almost all the most pious pastors over the land , whom they could catch in their snares , and all this under a pretence of peace , unity , and conformity printing presses set open for the printing and publishing of all popish and arminian tenets , but shut up and restrained from printing sound doctrines . nay , not only thus lamentably molested in england , but attempted the like in scotland , indeavouring to impose upon them a new liturgy , and a book of canons . they refusing of them , were called and counted rebels and traytors ; yea , so proclaimed in all churches in england , and an army was also raised to oppresse and suppresse them . a mighty and tumultuous rising of apprentices and young men in southwark and lambeth side , with clubs and other weapons , especially at the arch bishops house , which put him in such a fright , as made him flye to croyden , to convey himselfe to some more private and remote place : and although pharoahs magicians were so honest , that at the sight of the dust of the earth turned into lice , they cryed out , it was the finger of god ; but he grew more and more outragious , and caused one to be hanged and quartered , and his head set on london-bridge , who said at his execution , he came there by accident , and he must dye . the arch-prelate of st andrewes in scotland reading the new service-booke in his pontificalibus assaulted by men & women , with crickets stooles stickes and stones . the rising of prentises and sea-men on southwark side to assault the arch-bishop of canterbury's house at lambeth . parliament . a fourth parliament was thereupon shortly after called again , by those complotters means , but to a very ill intent , and another parliament summoned also at the same time by the earl of strafford in ireland , both of them only to levy and procure moneys to raise another army , and wage a new war against the scots . the ships and goods of scotland , were in all parts and ports of this land , and of ireland also , surprized and seized on for the king , their commissioners denied audience to make their just defence to the king , and the whole kingdome of scotland , and england too , hereupon much distracted and distempered with levying of moneys , and imprisoning all amongst us that refused the same . this parliament also refusing to comply with the king , canterbury , and strafford , in this episcopal war against the scots , was soon dissolved and broken up by them , and thereupon they returned to their former wayes of wast and confusion , and the very next day after the dissolution thereof , some eminent members of both houses had their chambers and studies , yea their cabinets , and very pockets of their wearing cloaths ( betimes in the morning , before they were out of their beds ) searched for letters and writings , and some of them imprisoned , and a false and most scandalous declaration was published against the house of commons in the kings name . a forced loan of money was attempted in the city of london , to be made a president ( if it prevailed there ) for the whole kingdome , but some aldermen refusing , were sorely threatned and imprisoned . in which interim , the clergies convocation continuing , ( notwithstanding the dissolution of the parliament ) new conscience oppressing canons were forged , and a strange oath with an &c. in it was framed for the establishing of the bishops hierarchy with severe punishments on the refusers to take it . the oath . that i a. b. doe sweare that i doe approve the doctrine and discipline or government established in the church of england , as containing all things necessary to salvation . and that i will not endeavour by my selfe or any other , directly or indirectly , to bring in any popish doctrine , contrary to that which is so established : nor will i ever give my consent to alter the government of this church , by arch-bishops , bishops , deans , and arch deacons , &c. as it stands now established , and as by right it ought to stand . nor yet ever to subject it to the usurpations and superstitions of the sea of rome . and all these things i doe plainly and sincerely acknowledge and swear , according to the plain and common sense , and understanding of the same words , without any equivocation , or mentall evasion ; or secret reservation whatsoever . and this i doe heartily , willingly , and truly upon the faith of a christian . so help me god in jesus christ . in this convocation sore taxations were also imposed upon the whole clergy ; even no lesse then six subsidies , besides a bountifull contribution to forward that intended war against scotland . for the advancing of which said sums for this war , the popish were most free and forward ; yea , and a solemn prayer was composed and imposed by the bishops on their ministers every where , to be used and read in all churches , against the scots , as rebels and traytors . the papists also in a high measure enjoyed even almost a total toleration , and a popes nuncio suffered amongst us to act and govern all romish affairs , yea a kind of private popish parliament kept in the kingdome , and popish jurisdictions erected among them . commissioners were also ( secretly ) issued out for some great and eminent papists , for martial commands , for levying of souldiers , & strengthning their party with arms and ammunition of all sorts , and in great plenty . his majesties treasure was by these means so extreamly exhausted , and his revenues so anticipated , that he was forced to compell ( as it were ) his owne servants , judges , and officers of all sorts , to lend him great sums of money , and prisons filled with refusers of these and the other illegall payments ; yea many high-sheriffs summoned in the star-chamber , and to the councel board , and some of them imprisoned for not being quick enough in levying of ship-money , and such like intolerable taxations . in sum , the whole land was now brought into a lamentable and languishing condition , of being most miserably bought and sold to any that could give and contribute most of might and malice against us , and no hope of humane help , but dolour , desperation , and destruction to be the portion of all . in which interim , the scots being entred our kingdome for their own defence , the king had advanced his royal-standard at yorke , where the cream of the kingdom , nobles and gentry being assembled , and a treaty betwixt the prime of both armies had at rippon , for a fair and peaceable accommodation , the king was , at last , inforced to take his nobles councel , and in the first place a cessation of arms agreed on , and then a fifth parl. was necessitously resolved on to begin , nov : . . th parliament . letters from the king , queen , popish earls , lords , knights , and gentry , post into all parts of the kingdome , to make a strong party for them . shortly after , a very formidable spanish fleet , or armado , appeared on our english narrow seas , in sight of dover , and was coming in ( as was on very strong grounds more then probably conjectured ) as a third party , to help to destroy us ; the spaniards hoping that by this time , we and the scots were together by the ears , but they were by gods mercy , beaten off from us by our neighbours of holland , and we fighting against them , fought against our friends . the souldiers in their passage to york turn reformers , pull down popish pictures , break down rails , turn altars into tables , & those popish commanders , that ware to command them , they forced to eat flesh on fridays , thrusting it down their throats , and some they slew . in the time of ours and the scots armies residing in the north , which was in june , . malignant lords endeavoured to bring it out of the north , southward , and so to london , to compell the parl. to such limits and rules as they thought fit , whereupon the parl. entred upon this following protestation . die veneris , july , . we the knights , citizens , and burgesses of the commons house in parl. finding to the great grief of our hearts , that the designs of the priests , jesuites , and other adherents to the sea of rome , have of late been more boldly and frequently put in practice then formerly , to the undermining and danger of the ruine of the true reformed protestant religion , in his majesties dominions established : and finding also that they have been and having just cause to suspect that there are still even during this sitting in parliament , endeavours to subvert the fundamentall lawes of england and ireland , and to introduce the exercise of an arbitrary and tyrannicall government , by most pernicious and wicked counsels , practices , plots , and conspiracies : and that the long intermission , and unhappy breach of parliam . hath occasioned many illegall taxations , whereupon the subject hath been prosecuted and grieved : and that divers innovations and superstitions have been brought into the church , multitudes driven out of his majesties dominions , jealousies raised and vvn betwixt the king and his people , a popish army levyed in ireland , and two armies brought into the bowels of his kingdom , to the hazzard of his majesties royal person , the consumption of the revenues of the crown and treasure of his kingdome : and lastly , finding great cause of jealousie that endeavours have been , and are used to bring the english army into a misunderstanding of this parl. thereby to incline that army with force to bring to passe those wicked councels , have therefore thought good to joyne our selves in a declaration of our united affections and resolutions , and to make this ensuing protestation . the protestation . i a. b. do in the presence of almighty god , promise , vow , and protest to maintaine and defend , as far as lawfully i may , with my life , power , and state , the true reformed protestant religion , expressed in the doctrine of the church of england , against popery and popish innovations , within this realme , contrary to the same doctrine , and according to the duty of my allegiance , his majesties royall person , honour , and estate , as also the power and priviledges of parliament , the lawfull rights and liberties of the subject , and every person that maketh this protestation ; in whatsoever he shall doe , in the lawfull pursuance of the same . and to my power , and as far as lawfully i may , i will oppose , and by all good wayes and means endeavour , to bring to condigne punishment , all such as shall either by force , practice , counsels , plots , conspiracies , or otherwise , doe any thing to the contrary of any thing in this present protestation contained . and further , that i shall in all just and honourable wayes endeavour to preserve the union and peace between the three kingdomes of england , scotland , and ireland , and neither for hope , fear , nor other respect , shall relinquish this promise , vow , and protestation . at the beginning of the parliament ( nov. . . ) there was a diligent inquisition after oppressions and oppressors , and first upon the petition of mris bastwicke , and mris burton , two widowed wives , and a petition exhibited in the behalfe of mr pryn , dr. laighten , mr. smart , mr. walker , mr. foxley , mr. lilburn , and many others , set at liberty , some being banisht , and all close prisoners , others fast fettered in irons , and their wives debar'd from coming to them . decemb. . the earl of strafford , and laud arch-bishop of canterbury , impeached of high treason ; wren bishop of norwich , of treason , windebank and finch fled . the scots ships that were taken before the parl. began , restored , and . l. given to rig them , . l. towards their losses , and all books , libels , and proclamations against the scots called in . february , a bill signed for trienniall parl. ●ix subsidies , poll money , and a personall assesment of the whole kingdome . may , a bill signed that the parl. should not be dissolved without their consent ; lord strafford beheaded , the high commission court , and star chamber put down , the parl. proceeded against delinquent judges about ship-money . the earl of strafford's speech on the scaffold , may . . my lord primate of ireland , ( and my lords and the rest of these gentlemen ) it is a very great comfort to me , to have your lordship by me this day , in regard i have been known to you a long time , i should be glad to obtain so much silence as to be heard a few words , but doubt i shall not ; my lord , i come hither by the good will and pleasure of almighty god , to pay the last debt i owe to sin , which is death , and by the blessing of that god to rise again through the mercies of christ jesus to eternall glory ; i wish i had been private , that i might have been heard ; my lord , if i might be so much beholding to you , that i might use a few words , i should take it for a very great courtesie ; my lord , i come hither to submit to that judgment which hath past against me , i do it with a very quiet and contented mind , i do freely forgive all the world , a forgivenesse that is not spoken from the teeth outward ( as they say ) but from my heart , i speak it in the presence of almighty god , before whom i stand , that there is not so much as a displeasing thought in me , arising to any creature ; i thank god i may say truly , and my conscience bears me witnesse , that in all my services since i have had the honour to serve his majesty in any employment , i never had any thing in my heart , but the joynt and individuall prosperity of king and people , if it hath been my hap to be misconstrued , it is the common portion of us all while we are in this life , the righteous judgment is hereafter , here we are subject to error , and apt to be the earle of strafford for treasonable practises beheaded on the tower-hill . mis-judged one of another . there is one thing i desire to clear my selfe of , and i am confident i speak it with so much clearnesse , that i hope i shall have your christian charity in the belief of it , i did alwayes think that the parl. of england were the happiest constitutions that any kingdome or any nation lived under , and under god the means of making king and people happy , so far have i been from being against parliaments : for my death , i here acquit all the world , and pray god heartily to forgive them ; and in particular , my lord primate , i am very glad that his majesty is pleased to conceive me not meriting so severe and heavy a punishment as the utmost execution of this sentence ; i am very glad , and infinitely rejoyce in this mercy of his , and beseech god to turn it to him , and that he may find mercy when he hath most need of it ; i wish the kingdome all the prosperity and happinesse in the world , i did it living , and now dying it is my wish . i do now professe is from my heart , and do most humbly recommend it to every man here , and wish every man to lay his hand upon his heart , and consider seriously whether the beginning of the happinesse of a people should be writ in letters of blood , i fear you are in a wrong way , and i desire almighty god , that not one drop of my blood may rise up in judgment against you . my lord , i professe my selfe a true and obedient son to the church of england ▪ to the church wherein i was born , and wherein i was bred , prosperity and happinesse be ever to it : and whereas it hath been said , that i have inclined to popery , if it be an objection worth answering , let me say truly , that from the time since i was twenty one years of age , till this hour , now going upon forty nine , i never had thought in my heart , to doubt of the truth of my religion in england , and never any had the boldnesse to suggest to me contrary to the best of my remembrance ; and so being reconciled to the mercies of christ jesus my saviour , into whose bosome i hope shortly to be gathered ; to that eternall happinesse that shall never have end , i desire heartily the forgivenesse of every man , both for any rash or unadvised word , or deed , and desire your prayers : and so my lord farewell , farewell all the things of this word : lord strengthen my faith : give me confidence and assurance in the merits of jesus christ . i desire you that you would be silent , and joyn in prayers with me , and i trust in god that we shall all meet , and live eternally in heaven , there to receive the accomplishment of all happinesse , where every tear shall be wiped from our eyes , and every sad thought from our hearts : and so god blesse this kingdome , and jesus have mercy upon my soul , amen . august , . the king went to scotland . octob. the irish rebellion began , whereby above protestants were murdered . novemb. & decemb. the king came from scotland to london , and was entertained with most pompous solemnity , and after went to hampton court , the earl presented a remonstrance , wherein was expressed the kingdomes grievances , they desire a guard . sir wil. belford was displaced , and cottington made constable of the tower , but he was soon displaced , and col. lunsford was made lieutenant of the tower , but he also was displaced , and sir john byron was made liev. of the tower in lunsfords stead , but he also with much ado removed , and sir john conyers was put in his place . to the kings most excellent majesty , and the lords and peers now assembled in parliament . the humble petition and protestation of all the bishops and prelats now called by his majesties writs to attend the parliament , and present about london and westminster for that service . that whereas the petitioners are called up by several and respective writs and under great penalties to attend the parl. and have a clear and indubitable right to vote in bils , and other matters whatsoever debatable in parl. by the ancient customes , lawes , and statutes of this realm , and ought to be protected by your majesty , quietly to attend and prosecute that great service . they humbly remonstrate and protest before god , your majesty , and the noble lords and peers now assembled in parl. that as they have an indubitate right to sit and vote in the house of lords , so are they ( if they may be protected from force and violence ) most ready and willing to performe their duties accordingly . and that they doe abominate all actions or opinions tending to popery , and the maintenance thereof ; as also all propension and inclination to any malignant party , or any other side or party whatsoever , to the which their owne reasons and conscience shall not move them to adhere . but , whereas they have been at severall times violently menaced , affronted and assaulted by multitudes of people , in their coming to perform their services in that honourable house , and lately chased away , and put in danger of their lives , and can find no redresse or protection , upon sundry complaints made to the high commission-court and starr-chamber voted down , and pluralities & non residencies damned by parliament . both houses in these perticulars . they likewise humbly protest before your majesty , and the noble house of peers , that saving unto themselves all their rights and interests of sitting and voting in that house at other times , they dare not sit or vote in the house of peers , untill your majesty shall further secure them from all affronts , indignities , and dangers in the premisses . lastly , whereas their fears are not built upon fantasies and conceits , but upon such grounds and objects as may well terrifie men of good resolutions , and much constancy . they doe in all duty and humility protest before your majesty , and the peers of that most honourable house of parl. against all laws , orders , votes , resolutions , and determinations , as in themselves null , and of none effect , which in their absence since the th of this instant month of decem. . have already passed , as likewise against all such as shall hereafter pass in that most honourable house , during the time of this their forced and violent absence from the said most honourable house ; not denying but if their absenting of themselves were willfull and voluntary , that most honourable house might proceed in all their premisses in their absence , and this protestation notwithstanding . and humbly beseeching your most excellent majesty to command the clerk of the house of peers to enter this their petition and protestation among their records . they will ever pray to god to bless , &c. jo ebor. th. dures . rob. co. lich. jo. norw. jo. asa. gul ba. & wels. geo. heref. rob. ox. ma. ely . godf. glouc. jo peterb . mor. land . twelve bishops were impeached of high treason , and ten imprisoned in the tower , and afterward all disabled from ever sitting in the parl. they are voted down root and branch , nulla contradicente : the same night there were bonefires and ringing of bels . all popish recusants inhabiting in and about the city , all dis-affected persons , and such as being able men , would not lend any money for the defence of the common-wealth , should forthwith confine themselves to their own houses , and not to goe forth without speciall license . an ordinance to apprehend dis-affected persons in the city , whereof were four aldermen put in safe custody in crosby house , and some in gressam colledge . a letter sent to mr. pym . mr. pym . do not think that a guard of men can protect you if you persist in your trayterous courses and wicked designs : i have sent a paper-messenger to you , and if this does not touch your heart , a dagger shal , so soon as i am recovered of my plague-sore . in the mean time you may be forborn , because no better man may be endangered for you . repent traytor . jan : . the irish proclaimed rebels , the king demands five members , lunsford assaulteth the citizens at westmin : an act to carry on the war in ireland till it were reduced . febr : king signs the bill for taking away bishops votes . march , the queen went to holland , one of her ships sprung a leak , and much treasure lost , and when she return'd , there was a great storm , van trump's mast broke , and after eight dayes turmoil driven back again , broke and lost ships . the king went to theobalds , where a petition from the par. was presented , desiring him to let the militia abide neer lon : and not carry the prince away , he being at newmarket the house presented a declaration , the king went to york , sends a message to the parl. that he would raise foot and horse at hull , and go for ireland , sir john hotbam denies the king entrance , in april & may som members leave their seats , and go to the king at york binion a silk-man , the kentish malignants , and sir edw : deering frame petitions against the parl. but rejected , fined , and imprisoned . the king interdicts the militia , but the messenger was hang'd at the exchange . the lords and gentry of ireland and scotland , petition the king to return to his parl. the gentry of york shire do the like , but rejected . the k. set on foot a commission of array . june , the great seal carried to the k. the earle of warwick adm. money and plate brought in for the cause ; the king besieges hull , men went from london to it : proclamations and declarations against the parliament read in all churches and chappels within the k. power . july , an army raised , and essex made general , the lord major of london imprison'd for causing the k. commission of array to be proclaimed ; many proclamat : from the k. and declar : from the parl. by water the ship-masters and marriners made ready a great number of long-boats furnished with ordnance , muskers , and other sea-warlike instruments , their vessels gallantly adorned with flags and streamers , together with martial musick , drums & trumpets ; when they came to white-hall , and understood that the parl. were safely arriv'd , the train'd bands by land , and the sea-men by water , let flye their thundring shot both smal and great , their trumpets sounding , and their drums beating in a triumphing and congratulory manner , was a singular testimony of their cordial affections . the same day buckinghumshire men , both gentlemen , ministers , and others of that countrey on horsback , with their protestations in their hats , for reformation of evils in church and state , and to assure their best services and assistance to the parl. on all just occasions ; and out of essex , hartford , bark-shire , surrey , and other counties of the kingdome , came one after another . at edge hill pieces of canon shot against of the earl of essex life-guard , and not one man hurt , and those brake in upon of the k. four of the parl. regiments ran away , and sixteen troops of horse , so we were and they . yet we took their standard , and cleft sir edw. varney standard-bearer in the head , and slew the lord lindsey generall of the field . lord gen : magazine of powder to have been blown up , and sir john hotham killed , by one david alexander , but prevented . commis. granted to popish recusants to levy men and arms against the parl. the k. received the irish rebels petition , and permitted their persons with great favour and allowance about him , calling them good catholick subjects , but rejecting the petition for peace . novemb. a treaty of peace intended by the parl. but pretended by the k. where was that bloody bickering at brainford by the k. party . new high-sheriffs , for the better collecting of the . l. subsidies , intended to have been confirmed to the k. crost . jan . newcastle twice routed , k. party worsted near henly , scots come into engl. march , lichfield close taken , the k. sends the earl of glamorgan into irel. with power to conclude . dr. bastwick and cap. lilburn to be tryed at oxford , but preserv'd . a letter to all the freemen journeymen , and apprentices of the city , to assemble at their several halls , to be perswaded not to yeeld to the parl. voted scandalous . the of may . ye crosse in cheapeside was pulled downe , a troope of horse & companies of foote wayted to garde it & at ye fall of ye tope crosse dromes beat trūpets blew & multitudes of capes wayre throwne in ye ayre , & a greate shoute of people with ioy , ye of may the almanake sayeth , was ye invention of the crosse , & day at night was the leaden popes burnt , in the place where it stood with ringinge of bells , & a greate acclamation & no hurt done in all these actions . mr. pryn sent to search canterburies chamber and study , found the original scotch service book with his own hand-writing , the cause of all the scots wars . london to have been betrayed under a pretence of peace , by mr. waller , a member of parl. mr. tomkins , mr. challenor , but waller fined . l. and perpetuall banishment , tomkins and challenor hanged , the one at the exchange , and the other in holborn . sir io : hotham attempted the betraying of hull unto the queen . decemb. an order to demolish altars , to remove the communion table from the east end , and to take away all tapers , candlesticks , and basons , and to demolish all crucifixes , crosses , and all pictures and images of the trinity and virgin mary , both within and without all churches and chappels . a plot for betraying of lincoln by the two purfries , but preserved . gloucester admirably freed by the city regiments . a rebellion by the kentish malignants about tunbridge . a ship bound from denmark to the k. of about tun richly laden with arms and ammunition ; another ship bound from newcastle to holland , laden with sea coals , but in the midst thereof was found between or l. hid in the coals , sent to buy arms for the k. a third ship of tun , carrying peece of ordnance , taking by the parl. scotland with an army of at least horse and foot , invited by the parl. when they marched up to the middle in snow , and brought their artillery over the ice of the frozen river of tyne , and the citizens of london lent the parl. . l. for the scots first pay , to encourage their advance to help us against the k. forces . the queen pawning the jewels of the crown in holland , and therewith buying arms to assist the war against the parl. and her own actuall performances with her popish army in the north , was high treason , and transmitted to the lords . images , crucifixes , papistical books in somerset , and iameses were burnt , and five capuchin fryers sent away . may , an ordinance for the making of forts , trenches , about the city . iuly , the assembly of divines met , dr. twisse prolocutor , the total , the bishop of canterburies first prayer on the scaffold , jan. . . oeternal god , and merciful father , look down upon me in mercy , in the riches and fullnesse of all thy mercies look upon me , but not till thou hast nailed my sins to the crosse of christ : look upon me , but not till thou hast bathed me in the blood of christ , not till i have hid my self in the wounds of christ , that so the punishment that is due to my sins may passe away , and goe over me ; and since thou art pleased to try me to the uttermost , i humbly beseech thee , give me now in this great instant , full patience , proportionable comfort , a heart ready to dye for thine honour , and the k. happinesse , and this churches preservation ; and my zeale to these , far from arrogancy be it spoken , is all the sin , humane frailty excepted , and all incidents thereunto , which is yet known of me in this perticular , for which i now come to suffer . i say in this perticular of treason , but otherwise my sins are many and great , lord pardon them all , and those especially whatsoever they be , which have drawn this present judgment upon me , and when thou hast given me strength to bear it , then doe with me as seems best in thine owne eyes , and carry me through death , that i may look upon it in what vilage soever it shall appear to me ; and that there may be a stop of this issue of blood in this more then miserable kingdome ; i shall desire that i may pray for the people too , as well as for my self : o lord , i beseech thee give grace of repentance to all people that have a thirst for blood , but if they will not repent , then scatter their devices so , and such as are or shall be contrary to the glory of thy great name , the truth and sincerity of religion , the establishment of the k. and his posterity after him , in their just rights and priviledges , the honour and conservation of parl. in their ancient and just power , the preservation of this poor church in her truth , peace , and patrimony , and sr alexander caron , sr. iohn hotham , captin hotham & the arch bishop of canterbury , beheaded on tower-hill for treason against ye parliament . the settlement of this distracted and distressed people , under the ancient lawes , and in their native liberties ; and when thou hast done all this in mercy for them , o lord fill their hearts with thankfulnes , and with religious dutifull obedience to thee and thy commandements all their dayes : so amen , lord jesus , and i beseech thee to receive my soul to mercy . our father , &c. his last prayer on the scaffold . lord i am coming as fast as i can , i know i must pass through the shadow of death before i can come to see thee , but it is but umbra mortis , a meer shadow of death , a little darknesse upon nature , but thou by thy merits and passion hast broke through the jaws of death , so , lord receive my soul and have mercy on me , and blesse this kingdome with peace and plenty , and with brotherly love and charity , that there may not be this effusion of christian blood among them , for jesus christ his sake , if it be thy will . and when he said , lord receive my soul , which was his signe , the executioner did his office . a design to starve the city , by breaking into surrey , sussex , kent , but disappointed by sir wil : waller , and the city regiments . feb : the king granted a cessition of arms with the bloody rebels of ireland . march , a solemn league and covenant taken by the lords & commons , city of london , and all parts within the parl. power . nottingham town and castle to have been betrayed , but prevented by col. hutchinson . a ship from denmark of tuns laden for the most part with round-heads , being half pike-slaves , with a knob at the end , full of iron spikes , sent to the king , but that yeare the swedes fell into denmarke , and took half his countrey from him a plot against the city of london by sir basil brooke , col. read , mr. ripley , and mr. vil●● , two citizens of london , and others , but prevented . our army in cornwall preserved with the losse of our artillery . a peace pretended at vxbridge , and a petition from buckinghamshire , wherein sir iohn lawrence was a great stickler , but frustrated . melcomb regis to have been betrayed , col. goring and sir lewis dives were agents therein , the town and forts recovered , and two ships with rich prizes from rhoan in france were seized on to make amends for their trouble . the service-book voted down . earles and lords from oxford , submitted themselves to the parl. iune , . the famous victory of naisby over the kings forces , prisoners taken , a jewel of . l. sent to gen. leven by the parl. all the k. commissioners taken at shaftsbury . basing house taken and burnt . august , a plot in the west against the parl. by the clubmen . a sudden plot upon scotland by montrosse , but as suddenly recovered again by gen : david lesley . a treaty with the parl. for a well grounded peace , and yet at that time the earl of glamorgan had a commission to the ruine of all the protestants in ireland , and consequently in england also . the great seal broken before the lords and commons , on tuesday , the of august , . the king escapes out of oxford in a disguised maner ordered , that whosoever conceals the kings person , shal be a traytor . a letter concerning the kings coming to the scots army , may . . right honourable , the discharging our selves of the duty we owe to the kingdom of engl : to you as commissioners from the same , moves us to acquaint you with the kings coming in to our army this morning , which having overtaken us unexpectedly , hath filled us with amazement , and made us like men that dream ; we cannot think that he could have been so unadvised in his resolutions , as to have cast himself upon us , without a real intention to give satisfaction to both kingdoms , in all their just and reasonable demands , in all those things that concern religion and righteosnesse ; whatsoever be his dispositions or resolutions , you may be assured , that we shall never entertain any thought , or correspondency with any purpose , or countenance any indeavours that may in any circumstance incroach upon our league and covenant , or weaken the union or confidence betwixt the nations , that union to our kingdom was the matter of many prayers , and as nothing was more joyfull unto us then to have it set on foot , so hitherto have we thought nothing too dear to maintain it , and we trust to walk with such faithfulnesse and truth in this particular , that as we have the testimony of a good conscience within our selves , so you , and all the world shall see , that we mind your interest with as much integrity and care as our own , being confident you will entertain no other thought of us . signed , may . . lothian . a remonstrance exhibited in the name of the lord major , aldermen , and common-councel of the city of london , to the high court of parl. that some strict and speedy course may be taken for the suppressing of all private and separate congregations . that all anabaptists , brownists , hereticks , schismaticks , blasphemers , and all such sectaries as conform not to the publick discipline established , or to be established by the parl. may fully be declared against , and some effectuall course setled for proceeding against such persons . that as we are all subjects of one kingdome , so all may be equally required to yield obedience to the government either set or to be set forth . that no person disaffected to the presbyterian government set or to be set forth by the parl. may be imployed in any place of publick trust . the king gave speedy order to severall officers for the surrender of the towns , castles , and forts , which then were in the hands of the kings commanders , viz oxford , worcester , litchfield , and wallingford . a petition delivered to his excellency from the officers and souldiers in the army , touching their faithfullnesse in the parl. service , doing summer service in the winter season , &c. further presented severall desires of theirs . that an ordinance of indempnity with the royal assent be desired . that satisfaction may be given to the petitioners for their arrears , both in their former service , and in this army before it is disbanded . that those who have voluntarily served the parl. may not be prest to serve in another kingdome , &c. that those who have lost their lives , limbs , or estates , may be provided for , and relieved . the apology in answer to his excellencies letter , relating their sense of a second storm hanging over their heads , by the malice of a secret enemy , worse then the former now vanquished , expressing their sorrow that they cannot desire their own security without hazzard to his excellency , &c. concerning the abuse to divers well affected to the army , by imprisonment , to the ruine of their estates , and losse of their lives . and for their candid intentions and endeavours , declared no lesse then troublers and enemies to the state and kingdome , resolving rather to dye like men , then to be enflaved and hanged like dogs , &c. a letter from his excellency to the earl of manchester , concerning the votes of both houses , as also his grief of heart for the distractions between the parliam : and the army , defiring that all things may be determined in love , &c. june , . the king taken from holmby and carried along with the army , the house ordered that the king should reside at richmond , but the next day from the general and councel of officers , was brought an impeachment against eleven members . a particular charge against the members impeached by the army . that mr. denzil hollis being one of the special commission : for the parl. to present propositions to the king at oxford , made private addresses to the kings party then in arms against the parl. and did secretly plot and advise them against the parl. &c. that the said mr. denzil hollis , and sir phillip stapleton during the late war , when the earl of lindsey went from the tower to oxford , sent severall messages to the earl of dorset , &c. that the said mr. hollis , sir phillip stapleton , sir will. lewis , sir john clotworthy , sir wil : waller , sir john maynard , maj. gen. massie , mr. glyn , mr. long , col. edward harley , and anthony nicholas , in the months of march , april , may , and iune last , in prosecution of their evill designes , met in divers places with persons disaffected to the state , for holding correspondency wth the queen of england now in france , and incouraged her party there . and indeavoured to bring in forraign forces , and listed divers commanders and souldiers there , to raise and levy a new war . and affronted divers petitioners that came in a peaceable manner , boysterously assaulting them , &c. imprisoned some members of the army , to dis-oblige them from the parl. the solemn engagement of the citizens , commanders , officers , and souldiers , &c. this was the treasonable ingagement . we do solemnly engage our selves , and vow unto almighty god , that we will to the utmost of our power , cordially endeavour that his majesty may speedily come to his houses of parliament , with honour , safety , and freedome , and that without the nearer approach of the army , there to confirm , such things as he hath granted the twelfth of may last , in answer to the propositions of both kingdomes , and that with a personall treaty with his two houses of parl. and the commissioners of scotland , such things as are yet in difference may be speedily setled , and a firme and lasting peace established . the army marching towards the city , orders were given to the trained bands to go to the workes the auxilaries are raised to defend the city . a proclamation by beat of drum for all that are able to beare armes , and are not listed to come to receive them . the house of commons , and the lords likewise , met according to the order of adjournment , july . but nether of the speakers at length they proceeded to a new election , and voted master pelham a counsellour , and member of the commons house , speaker pro tempore . the lords made choice of the lord grey to be speaker of their house pro tempore . the sargeant at arms being absent with the mace when the commons chose their speaker , had the city mace , and chose master norfolk sergeant at arms . after which , proceeding to debate the greate affairs touching the city and kingdom , they voted as followes . that the king come to london . that the militia of the city shall have full power to raise what forces they shall think fit to the same . that they may make choyce of a commander in chief to be approved of by the house , and such commander to present other officers to be approved of by the militia . the common councel made choice of major gen. massey to command in chief all the city forces . ordered by the militia that all reformadoes and other officers should the next day at two of the clock be listed in st. iameses fields , where was a great appearance . order given for slaying of horses in the city , and many listed . most of the eleven members sat in the house , and in the afternoon maj. gen. massey , sir william waller , and col. gen. poyntz , were at listing the reformadoes . declaration of the lord major , aldermen , and common councel . a brief of which that his majesty was surprized at holmby , and no place for his majesties residence allowed by the army nearer then their quarters , therefore to settle peace , and establish true religion , ease the kingdomes burdens , establish his majesties just rights , maintain the parl. priviledges , and relieving ireland , they professe the main of their enterprise , &c. at which time col. gen. poyntzs and other officers of the new list , attending for their orders upon the militia , came into guild-hall-yard , and most cruelly hackt and hew'd many of the aforesaid petitioners , divers whereof were mortally wounded , whereof some since dyed . lord say , lord magresie , and others , with many of the house of commons , came to the head quarters , desiring the generals protection . six aldermen and twelve common-councel men sent with a letter to the gen : declaring their unwillingnesse to a new war . a letter from southwarke relating their withstanding the design of raising a new war , desiring protection . massey sends scouts , but neer brainford thirty chased by ten , and took four of massies . col. rainsborough , col. hewson , col. pride , and col thistlwet ; marched into southwarke , the fort yielded without opposition . the memberr forced away returne , the houses being sat with their old speakers , thomas lord fairfax made high constable of the tower . he marches through the city from untill at night . a letter from liev : gen : cromwel , that his majesty had withdrawn himselfe at the last night . his majesties last letter , hampton-court ; nov. . . liberty being that which in all times hath been ; but especially now is the condition , the aime and desire of all men , common reason shews that kings lesse then any should endure captivity , yet i call god to witnes with what patience i have endur'd a tedious restraint , which so long as i had any hopes that this sort of my suffering might conduce to the peace of these three kingdomes , or the hindring of more effusion of blood , i did willingly undergo , but now finding by too certain proofs , that this my continued patience would not only turn to my personall ruine , but likewise be of much more prejudice to the furtherance of the publick good , i thought i was bound as well by naturall as politicall obligations , to seek my safety , by retiring my selfe for some time from publick view both of my friends and enemies ; and i appeal to all indifferent men to judge , if i have not cause to free my selfe from the hands of those who change their principles with their condition , and who are not ashamed openly to intend the destruction of the nobility , by taking away their negative voyce , and with whom the levellers doctrine is rather countenanced then punished ; and as for their intentions to my person , their changing and putting more strict guards upon me , with the discharging most of all the servants of mine , who formerly they admitted to wait upon me , do sufficiently declare : nor would i have this my retirement mis-interpreted , for i shall earnestly and uncessantly endeavour the setling of a safe & well grounded peace , where-ever i am or shall be , and that ( as much as may be ) without the effusion of more christian blood , for which how many times have i prest to be heard , and yet no ear given to me ; and can any reasonable man think ( according to the ordinary cours of affairs ) there can be a setled peace without it , or that god will bles those that refuse to hear their own king ? surely no , i must further add that ( besides what concerns my self ) unlesse all other chief interests have not only a hearing , but likewise just satisfaction given to them ( to wit , the presbyterians , independents , army , those who have adhered to me , and even the scots ) i say there cannot ( i speak not of miracles , it being in my opinion a sinful presumption in such cases to expect or trust to them ) be a safe and lasting peace : now as i cannot deny but that my personal security is the urgent cause of this my retirement , so i take god to witnesse , the publick peace is no lesse before mine eyes , and i can find no better way to expresse this my profession ( i know not what a wiser man may do ) then by desiring and urging that al chief interests may be heard , to the end each may have just satisfaction ; as for example , the army ( for the rest , though necessary , yet i suppose are not difficult to consent ) ought ( in my judgement ) to enjoy the liberty of their conscience , and have an act of oblivion or indempnity ( which should extend to the rest of all my subjects ) and that all their arrears should be speedily and duly paid , which i will undertake to do , so i may be heard , and that i be not hindred from using such lawfull and honest means as i shall chuse : to conclude , let me be heard with freedome , hono●r , and safety , and i shall instantly break through this cloud of retirement , and shall shew my self to be pater patriae , c. r. a great tumult , insurrection , and mutiny in london , breaking open divers houses , and magazines of arms and ammunition , seizing on the d●●ms , gates , chains , and watches of the c●●y , assaulted & shot into the lord mayors house , and killed one of his guard , &c. may . . surrey petitioners came to westminster , and made a great shout , and cryed , hey for king charls , we will pull the members out by the ears , disarmed two sentinels , knockt them down , one sentinell refusing to be disarmed , the petitioners got within his arms , one of them drew his sword and run him through , and the petitioners drew their swords , and said , fall on for king charls now or never ; but a party of foot did take some : of the petitioners were slain four or five , of the souldiers two . the old lord goring proclaimed generall at the head of the kentish army , upon the hill neer aluford , consisting of besides those in maidstone , there were near slain , and about prisoners , many of them taken in the woods , hop-yards , and fields , also gentlemen of good quality . there were about horse , arms , foot colours , and pieces of canon , with store of ammunition taken ; their word at the engagement was king and kent , ours truth . they being routed marched over rochester bridge , towards black-heath , with about horse and foot , most cavaleers , prentises and watermen , and fled over the water into essex , by woollidge and greenwich . the duke of buckingham , lord francis , earl of holland , lord andrew , lord cambden , and others , rose in surrey , and made proclamation that they expected the parl. would settle the kingdome , but because they have not , they would fetch the king , and live and dye with him to settle it . july . . pembroke castle surrendred . 〈◊〉 scots army of . invaded england duke ●ambletons standard had motto date cefari , foot standard 〈◊〉 covenant , religion , king and kingdomes ; riseing in kent , revolting of the navie , redusing colchester ; and quelling the insurection in pembroke shire all in : the scots entring the kingdome , july . . maj. gen. lambert sent this letter to duke hamilton . my lord , having received information that some forces of horse and foot are marched out of scotland into this kingdome under your excellencies command , i have sent this bearer unto you , desiring to know the truth and intent thereof , and whether they are come in opposition to the forces in these parts raised by the authority of the parl. of england , and now in prosecution of their commands . i desire your lordships speedy answer , and rest your excellencies humble servant . j. lambert . duke hamilton's answer . noble sir , i received yours of the of this instant , in answer whereunto i shall only say , the information you received is true , for according to the commands of the committee of estates of the parl. of scotland , there are forces both of horse and foot come into this kingdome under my conduct , for prosecution of the ends mentioned in my letter of the th , to which i refer you , intending to oppose any that are or shall be in arms for the obstructing of those pious , loyall , and just ends , and so remain , hambleton . the towne of colchester delivered up , sir charles lucas , and sir george lisle shot to death . liev : col : lilburn revolted at newcastle , declared for the king , sir arthur hasterigge storm'd the castle , lilburns head was set upon a pole . june . . the lord of warwick went to portsmouth , to bring into obedience the mutinous sea-men ; there was with the lord of warwick , the phoenix , mary , rese , robert , nonesuch , lilly , lyon , bonadventure , antilope , swift sure , hector , and fellowship . a short abridgment of the engagement made by the common councell , commanders , souldiers , and commission officers in london . we declare to engage as much as in us lies , to defend the king and parl : from all violence , and to the end we may be inabled to perform the same , we humbly offer , that the forces in the line may be one militia , and no forces may be raised , but by authority of the said militia , by consent of the common councell . we desire no forces in arms might come within thirty miles of london , during the treaty , and for those within , what persons soever shall make any tumult , shall be put to death . ordered , that the common councell men and commanders shall within their severall precincts goe from house to house , to receive concurrence to the said ingagement . decemb. , the house having notice of the kings carrying to hurst castle , voted , that the seizing his person was without their advice or consent . dec. . the house voted , that his majesties concessions to their proposals , was ground sufficient to settle the peace of the kingdome . dec. . col. rich , and col. prides regiment guarded the parl. and seized some members . dec. . maj. gen. brown sheriff of london , was apprehended . dec. . the house voted , that the lords and commons declare they will make no further addresses to the king , nor none , shall be by any person whatsoever , without leave of the parl. and if any make breach of this order , they shal incur the penalty of high treason , and that they will receive no more any message from the king , to both or either houses of parl. an ordinance sent to the lords for the tryall of the king , but they rejected the commission , and adjourned eight dayes , after that they never sate more . serjeant dendy , serjeant at arms to the commissioners , rode into westminster-hall , with the mace belonging to the house of commons on his shoulder , and some officers attending him all bare , and six trumpeters on horsback , a guard of horse and foot attending in the pallace yard and proclamation was made , all that had any thing for matter of fact against charls stuart , king of england , to bring it in to the commissioners . jan : . . that this present seale of england should be broken in pieces , and a new one forthwith made , and ordered that the arms of england and ireland should be ingraven on the one side , and on the other side a map of the parl. with these words in it , the first yeer of freedome by gods blessing restored , . the charge of the commons of england , against charls stuart king of england . that the said charls stuart being admitted king of england , and therein trusted with a limited power , to govern by and according to the lawes of the land , and not otherwise ; and by his truth , oath , and office , being obliged to use the power committed to him , for the good and benefit of the people , and for the preservation of their rights and liberties , yet neverthelesse out of a wicked design to erect and uphold in himselfe an unlimited and tyrannicall power , to rule according to his will , and to overthrow the rights and liberties of the people ; yea , to take away and make void the foundations thereof , and of all redresse and remedy of mis government , wch by the fundamentall constitutions of this kingdome , were reserved on the peoples behalfe , in the right and power of frequent and successive parl. or nationall meetings in councels ; he , the said charls stuart , for the accomplishment of such his designs , and for the protecting of himselfe and his adherents , in his and their wicked practices to the same ends , hath trayterously and maliciously levyed war against the present parl. and the people therein represented . particularly , upon or about the of june , in the year . at beverley in the county of yorke , and about the of july in the yeer aforesaid , in the county of the city of york ; and upon the of august , at nottingham , where he set up his standard of war ; and also about the of october , in the same year at edge-hill , and keintonfield , in the county of warwick ; and neer the of nov. in the same yeer , at brainford in the county of middlesex ; and neer the of aug. at cavesham bridge neer redding , in the county of berks ; and neer the of octob. in the same yeer , neer the city of gloucester ; and about the of nov. the same yeer , at newbury in the county of ber. and about july . . at cropredy bridge in the county of oxen. and sept. . the same yeer , at bodmin , and other places in the county of cornwall ; and nov. . the same yeer , at newbery ; and about june . . at leicester ; and the . at naseby field . at which severall times and places , or most of them , and at many other places in this land , at severall other times within the years afore-mentioned . and in the year . he the said charls stuart hath caused and procured many thousands of the free people of the nation to be slain , and by diversions , parties , and insurrections within this land , by invasions from forreign parts , endeavoured and procured by him , and by many other evill wayes and means , he the said charls stuart hath not only maintained and carried on the said war , both by land and sea , during the yeers before mentioned , but also hath renewed , or caused to be renewed the said war against the parl. and good people of this nation , in this present yeer , . in the counties of kent , essex , surrey , sussex , middlesex , and many other counties and places in england and wales , and also by sea ; and particularly , he the said charls stuart hath for that purpose given commission to his son the prince , and others , whereby , besides multitudes of other persons , many such as were by the parl. intrusted and imployed for the nation , being by him or his agents corrupted to the betraying of their trust , and revolting from the parl. have had entertainment and commission for the continuing and renewing of war and hostility against the said parl. and people as aforesaid . by which cruell and unnaturall wars by him the said charls stuart , continued and renewed as aforesaid , much innocent blood of the free people of this nation , hath been spilt , many families have been undone , the publick treasury wasted and exhausted , trade obstructed and miserably decayed , vast expence and damage to the nation incurred , and many parts of the land spoiled , some of them even to desolation . and for farther prosecution of his said evill designes , he , the said charls stuart doth still continue his commission to the said prince , and other rebels and revolters , both english and forreigners , and to the earl of ormond , and to the irish rebels and revolters associated with him , from whom further invasions are threatned , upon the procurement , and on the behalfe of the said charls stuart . all which wicked designs , wars , and evill practices of him the said charls stuart , have been and are carried on , for the advancing and upholding of the personall interest of will and power , and pretended prerogative to himselfe and his family , against the publick interest , common right , liberty , justice , and peace of the people of this nation , by and for whom he was entrusted as aforesaid . by all which it appeareth that he the said charls stuart , hath been and is the occasioner , author , and contriver of the said unnaturall , cruell , and bloody wars , and therein guilty of all the treasons , murthers , rapines , burnings , desolations , damage , and mischiefe to this nation , acted or committed in the said wars , or occasioned thereby . and the said john cooke , by protestation ( save on the behalf of the people of england , the liberty of exhibiting at any time hereafter , any other charge against the said charls stuart , and also of replying to the answers which the said charls stuart shall make to the premisses , or any charge that shall be so exhibited ) doth , for the said treasons and crimes on the behalfe of the said people of engl : impeach the said charls stuart , as a tyrant , traytor , murtherer , and a publick and implacable enemy to the common-wealth of england , and pray , that the said charls stuart king of england , may be put to answer all and every the premisses , that such proceedings , examinations , tryals , sentence , and judgement , may be thereupon had , as shall be agreeable to justice . the kings speech made upon the scaffold at white-hall , jan. . . i shall be very little heard of any body here , i shall therefore speak a word unto you here ; indeed i could hold my peace very well , if i did not think that holding my peace would make som men think that i did submit to the guilt as well as to the punishment ; but i think it is my duty to god first , and to my countrey , for to clear my self both as an honest man , and a good christian . i shall begin first with my innocency , in troth , i think it not very needfull for me to insist long upon this , for all the world knowes i never did begin a war with the two houses of parliament , and i call god to witnesse , to whom i must shortly make an account , that i never did intend for to incroach upon their priviledges , they began upon me , it was the militia they began upon , they confest that the militia was mine , but they thought it fit for to have it from me ; and to be short , if any body will look to the dates of commissions , both theirs and mine and likewise to the declarations , will see cleerly that they began these unhappy troubles , not i , so that as for the guilt of these enormous crimes that are laid against me , i hope in god that god will clear me of it , i will not , i am in charity ; god forbid that i should lay it upon the two houses of parl. there is no necessity of either , i hope they are free of this guilt ; for i doe beleeve that ill instruments between them and me , ha's been the cause of all this bloodshed ; so that by way of speaking , as i find my selfe clear of this , i hope ( and pray god ) that they may too : yet for all this , god forbid that i should be so ill a christian , as not to say that gods judgements are just , upon me , many times he does pay justice by an unjust sentence , that is ordinary ; i will onely say this . that an unjust sentence that i suffered to take effect , is punished now by an unjust sentence upon me ; that is , so far i have said , to shew you that i am an innocent man . now for to shew you that i am a good christian , i hope there is a good man ( pointing to dr juckson ) that will bear me witnesse that i have forgiven all the world , and those in particular that have been the chief causers of my death , who they are god knowes , i doe not desire to know , i pray god forgive them . but this is not all , my charity must goe further , i wish that they may repent , for indeed they have committed a great sin in that particular , i pray god with saint stephen , that this be not laid to their charge ; nay , not onely so , but that they may take the right way to the peace of the kingdome : so ( sirs ) i doe wish with all my soule , and i doe hope ( there is some here will carry it further ) that they may endeavour the peace of the kingdome . now ( sirs ) i must shew you how you are out of the way , and will put you in a way ; first , you are out of the way , for certainly all the way you ever have had yet as i could find by any thing , is in the way of conquest , certainly this is in an ill way , for conquest ( sir ) in my opinion is never just , except there be a good just cause , either for matter of wrong , or just title , and then if you goe beyond it , that makes it unjust at the end that was just at first : but if it be onely matter of conquest , then it is a great robbery , as a pirate said to alexander , that he was the great robber , he was but a petty robber ; and so , sirs , i doe think the way you are in , is much out of the way . now sir , for to put you in the way , believe it , you will never doe right , nor god will never prosper you , untill you give god his due , the king his due , ( that is , my successors ) and the people their due , i am as much for them as any of you : you must give god his due , by regulating rightly his church ( according to his scriptures ) which is now out of order , for to set you in a way particularly now i cannot , but onely this , a nationall synod freely called , freely debating among themselves , must settle this ; when that every opinion is freely and cleerly heard . for the king indeed i will not , the lawes of the land will cleerly instruct you for that ; therefore , because it concernes my owne particular , i only give you a touch of it . for the people , and truly i desire their liberty and freedome as much as any body whomsoever ; but i must tell you , that their liberty and their freedome consists in having of government ; those lawes , by which their life and their goods may be most their owne . it is not for having share in government ( sir ) that is nothing pertaining to them , a subject and a soveraign are clean different things , and therefore until they doe that , i mean , that you doe put the people in that liberty as i say , certainly they will never enjoy themselves . sirs , it was for this that now i am come here : if i would have given way to an arbitrary way , for to have all lawes changed according to the power of the sword , i needed not to have come here ; and therefore i tell you ( and i pray god it be not laid to your charge ) that i am the martyr of the people . in troth sirs , i shall not trouble you much longer ; for i will onely say this to you , that in truth , i could have desired some little time longer , because that i would have put this that i have said in a little more order , and a little better digested then i have done , and therefore i hope you will excuse me . i have delivered my conscience , i pray god , that you do take those courses that are best for the good of the kingdom , and your own salvation . the biship of london minding him to say somthing concerning his religion . king . i thank you very heartily ( my lord ) for that , i had almost forgotten it . in troth sirs , my conscience in religion , i think , is very well known to all the world , and therefore i declare before you all , that i die a christian , according to the profession of the church of england , as i found it left me by my father , and this honest man i thinke will witnesse it . then turning to the officers , said , sirr , excuse me for this same , i have a good cause , and i have a gracious god , i will say no more . then turning to col. hacker , he said , take care that they doe not put me to paine , and sir , this and it please you . but then a gentleman coming neer the ax , the king said , take heed of the ax , pray take heed of the ax. then the king speaking to the executioner , said , i shall say but very short prayers , and when i thrust out my hands — then the king called to dr iuxon for his night cap , and having put it on , he said to the executioner , does my haire trouble you , who desired him to put it all under his cap , which the king did accordingly , by the help of the executioner and the bishop , then the king turning to dr juxon , said , i have a good cause , and a gracious god on my side . dr jaxon , there is but one stage more , this stage is turbulent and troublesome , it is a short one , but you may consider it will soone carry you a very great way , from earth to heaven , and there you shall find a great deale of cordiall joy and comfort . king . i goe from a corruptible to an incorruptible crown , where no disturbanc can be doct. you are exchanged from a temporall to an eternall crown , a good exchange . then the king took off his cloak and his george , giving his george to dr. juckson , saying remember , 't is thought for the prince , and some other small ceremonies past , after which , the king stooping down , laid his neck upon the blocke , after a very little pause , stretched forth his hands , the executioner at one blow severed his head from his body , his body was put in a coffin covered with black velvet , and removed to his lodging chamber at white-hall . an act prohibiting the proclaiming of any person to be king of england , &c. vvhereas charls stuart king of england , being for the notorious treasons , tyrannies , and murthers , committed by him in the late unnaturall and civill wars condemned to death , whereupon , after execution of the same , severall pretences may be made , and title set on foote unto the kingly office , to the apparent hazzard of the publick peace . for the prevention thereof , be it enacted and ordained by this present parliament , and by the authority of the same , that no person or persons whatsoever doe presume to proclaime , declare , publish , or any way promote charls stuart , son of the said charls , commonly called prince of wales , or any other person to be king or chief magistrate of england or of ireland , or of any the dominions belonging to them , or any of them , by colour of inheritance , succession , election , or any other claim whatsoever , without the free consent of the people in parliam : first had , and signified by a particular act or ordinance for that purpose , any law , statute , vsage , or custome to the contrary notwithstanding . and be it further enacted and ordained , and it is hereby enacted and ordained , that whosoever shall contrary to this act , proclaim , declare , publish , or any way promote the said charls-stuart the son , or any other person to be king , or chief magistrate of england , or of ireland , or of any the dominions belonging to them , or to either of them , without the said consent in parliament , signified as aforesaid , shall be deemed and adjudged a traytor to the common-wealth , and shall suffer the pains of death , and such other punishments as belong to the crime of high treason . and all officers , as well civill as military , and all other well-affected persons , are hereby authorized and required forthwith to apprehend all such offenders , and to bring them in safe custody to the next justice of the peace , that they be proceeded against accordingly . h. scobel , cler. parl. d. com. dk. hambleton , e : of cambridg , e : of holland , and lord capell be headed mar : . and their speeches on the scaffold the speech of duke hamilton earl of cambridge , on the scaffold in the pallace yard , the ninth of march , . i think it is truly not very necessary for me to speak much , there are many gentlemen and souldiers there that see me , but my voyce truly is so weak , so low , that they cannot hear me , neither truly was i ever at any time so much in love with speaking , or with any thing i had to expresse , that i took delight in it ; yet this being the last time that i am to doe so , by a divine providence of almighty god , who hath brought me to this end justly for my sins ; i shall to you , sir , master sheriff , declare thus much , as to the matter that i am now to suffer for , which is as being a traytor to the kingdome of england : truly sir , it was a countrey that i equally loved with my owne , i made no difference , i never intended either the generality of its prejudice , or any particular mans in it ; what i did was by the command of the parliament of the countrey where i was borne , whose command i could not disobey , without running into the same hazard there , of that condition that i now am in . it pleased god so to dispose that army under my command , as it was ruined ; and i , as their generall , cloathed with a commission , stand here , now ready to dye ; i shall not trouble you , with repeating of my plea , what i said in my owne defence at the court of justice , my self being satisfied with the command that is laid upon me , and they satisfied with the justnesse of their procedure according to the lawes of this land . god is just , and howsoever i shall not say any thing as to the matter of the sentence , but that i doe willingly submit to his divine providence , and acknowledge that very many wayes i deserve even a worldly punishment , as well as hereafter , for we are all sinfull , sir , and i a great one ; yet for my comfort , i know there is a god in heaven that is exceeding mercifull , i know my redeemer fits at his right hand , and am confident ( clapping his hand on his brest ) is mediating for me at this instant , i am hopefull thro his free grace , and all-sufficient merits , to be pardoned of my sins , and to be received into his mercy , upon that i rely , trusting to nothing but the free grace of god through jesus christ : i have not been tainted in my religion i thank god for it , since my infancy , it hath been such as hath been profest in the land , and established , and now it is not this religion or that religion , nor this or that fancy of men that is to be built upon , it is but one that 's right , one that 's sure , and that comes from god , sir , and in the free grace of our saviour . sir , there is truly somewhat that ( he then observing the writers ) had i thought my speech would have been thus taken , i would have digested it into some better method then now i can , and shall desire these gentlemen that doe write it , that they will not wrong me in it , and that it may not in this manner be published to my disadvantage , for truly i did not intend to have spoken thus when i came here . there are , sirs , terrible aspersions that have been laid upon my self , truly such , as i thank god , i am very free from ; as if my actions & intentions had not been such as they were pretended for , but that notwithstanding what i pretended it was for the king , there was nothing lesse intended then to serve him in it . i was bred with him for many years ; i was his domestick servant , and there was nothing declar'd by the parl. that was not really intended by me ; and truly , in it i ventured my life one way , and now i lose it another way : and that was one of the ends , as to the king ; i speak only of that , because the rest ha's many particulars ; and to clear my self from so horrid an aspersion as is laid upon me : neither was there any other designe known to me by the incoming of that army , then what is really in the declaration published . his person , i doe professe , i had reason to love as he was my king , and as he had been my master : it hath pleased god now to dispose of him , so as it cannot be thought fl●ttery to have said this , or any end in me for the saying of it , but to free my self from that calumny which lay upon me : i cannot gain by it , yet truth is that which we shall gain by for ever . there hath been much spoken , sir , of an invitation into this kingdome , it 's mentioned in that declaration , and truly to that i did and doe remit my self : and i have been very much laboured for discoveries of these inviters ; 't is no time to dissemble , how willing i was to have served this nation in any thing that was in my power , is known to very many honest , pious , and religious men , and how ready i would have been to have done what i could to have served them , if it had pleased them to have preserved my life , in whose whose hands there was a power : they have not thought it fit , and so i am become unusefull in that which willingly i would have done . as i said at first ( sir ) so i say now concerning that point , i wish the kingdome happinesse , i wish it peace , and truly sir , i wish that this blood of mine may be the last that is drawn : and howsoever i may perhaps have some reluctancy with my self , as to the matter of my suffering , for my fact , yet i freely forgive all , sir , i carry no rancour along with me to my grave , his will be done that ha's created both heaven and earth , and me a poor miserable sinfull creature now speaking before him . for me to speak , sir , to you of state businesse , and the government of the kingdom , or my opinion in that , or for any thing in that nature , truly it is to no end , it contributes nothing : my owne inclination hath been to peace , from the beginning , and it is known to many , that i never was an ill instrument betwixt the king and his people ; i never acted to the prejudice of the parl. i bore no arms , i medled not with it , i was not wanting by my prayers to god almighty for the happinesse of the king ; and truly i shall pray still , that god may so direct him , as that may be done wch shall tend to his glory , and the peace and happinesse of the kingdome for my religion , that which i said was the established religion , and that which i have practiced in my own kingdome where i was born and bred ; my tenets they need not to be exprest , they are known to all and i am not of a rigid opinion ; many godly men there are that may have scruples which doe not concerne me at all at no time ; they may differ in opinions , and more now then at any time ; differing in opinion does not move me ( not any mans ) my owne is clear : sir , the lord forgive me my sins , and i forgive freely all those that even i might as a worldly man , have the greatest animosity against ; we are bidden to forgive , sir 't is a command laid upon us ( and there mentioned ) forgive us our trespasses , as we forgive them that trespasse against us . then the earl turning to the executioner , said , shall i put on another cap ? must this haire be turn'd up from my neck ? there are three of my servants to give satisfaction ; he also asked him which way he would have him lye . the executioner pointing to the front of the scaffold , the earl replyed , what , my head this way ? after a little discourse in private with some of his servants , he kneeled downe by the side of the scaffold and prayed a while to himselfe . then with a chearfull and smiling countenance ( embracing dr. sibbalds ) he said , truly sir i doe take you in mine arms , and truly , i blesse god for it , i doe not fear , i have an assurance that is grounded here ( laying his hand upon his heart ) now that gives me more true joy then ever i had . i passe out of a miserable world , to go into an eternall and glorious kingdome ; and sir , though i have been a most sinfull creature , yet gods mercy i know is infinite , and i bless my god for it , i goe with so clear a conscience that i know not the man i have personally injured . then imbracing those his servants which were there present , said to each of them , you have been very faithfull to me , and the lord blesse you . and so turning himselfe to the executioner , he said , i shall say a very short prayer unto my god , while i lye downe there , and when i stretch out my hand ( my right hand ) then sir , doe your duty , and i doe freely forgive you , and so i doe all the world . then the earl of cambridge said to the executioner , must i lye all along , he answered , yes , and 't please your lordship . then he said , when i stretch out my hands — but i will fit my head , first tell me if i be right , and how you would have me lye , and being told he must lye a little lower , he said , well , stay then till i give you the signe . and so having laine a short space devoutly praying to himselfe , he stretcht out his right hand , whereupon the executioner at one blow severed his head from his body , which was received by two of his servants then kneeling by him , into a crimson taffety scarfe , and that with the body immediately put into a coffin brought upon the scaffold for that purpose , and from thence conveyed to the house that was sir john hamilton's at the mews . the speech of the earl of holland upon the scaffold . it is to no purpose ( i think ) to speak any thing here , which way must i speak ? and then being directed to the front of the scaffold , he ( leaning over the raile ) said , i think it is fit to say something , since god hath called me to this place . the first thing which i must professe , is , what concerns my religion and my breeding , which hath been in a good family , that hath been ever faithfull to the true protestant religion , in the which i have been bred , in the which i have lived , and in the which by gods grace and mercy i shall dye . i have not lived according to that education i had in that family where i was borne and bred : i hope god will forgive me my sins , since i conceive that it is very much his pleasure to bring me to this place for the sins that i have committed . the cause that hath brought me hither , i believe by many hath been much mistaken , they have conceived that i have had ill designs to the state , and to the kingdome , truly i look upon it as a judgement , and a just judgement of god ; not but i have offended so much the state and the kingdome , and the parliament , as that i have had an extream vanity in serving them very extraordinarily . for those actions that i have done , i think it is knowne they have been ever faithfull to the publick , and very particularly to parliam : my affections have been ever exprest truly and cleerly to them . the dispositions of affaires now have put things in another posture then they were when i was ingaged with the parl. i have never gone off from those principles that ever i have profest , i have lived in them , and by gods grace will i dye in them . there may be alterations and changes that may carry them further then i thought reasonable , and there i left them : but there hath been nothing that i have said or done , or professed either by covenant or declaration , which hath not been very constant , and very clear upon the principles that i ever have gone upon , which was to serve the king , the parl. religion ( i should have said in the first place ) the common-wealth , and to seeke the peace of the kingdome . that made me think it no improper time , being prest out by accidents and circumstances , to seek the peace of the kingdom , which i thought was proper , since there was something then in agitation , but nothing agreed on for sending propositions to the king , that was the furthest aime that i had , and truly beyond that i had no intention , none at all . and god be praised , although my blood comes to be shed here , there was i think scarcely a drop of blood shed in that action that i was ingaged in . for the present affaires , as they are i cannot tell how to judge of them , and truly they are in such a condition , as ( i conceive ) no body can make a judgment of them : and therefore i must make use of my prayers , rather then of my opinion , which are , that god would blesse this kingdome , this nation , this state , that he would settle it in a way agreeable to what this kingdom hath been happily governed under ; by a king , by the lords , by the commons , a government that ( i conceive ) it hath flourished much under , and i pray god the change of it bring not rather a prejudice , a disorder , and a confusion , then the contrary . i look upon the posterity of the king , and truly my conscience directs me to it , to desire , that if god be pleased that these people may look upon them with that affection that they owe , that they may be called in again , and they may be , not through blood , nor through disorder , admitted againe into that power , and to that glory that god hath in their birth intended to them . i shall pray with all my soul for the happinesse of this state , of this nation , that the blood which is here spilt , may be even the last which may fall amongst us , and truly i should lay down my life with as much cheerfulnesse as ever person did , if i conceived that there would no more blood follow us ; for a state , or affairs that are built upon blood , is a foundation for the most part that doth not prosper . after the blessing that i give to the nation , to the kingdome , and truly to the parliament , i doe wish with all my heart , happinesse , and a blessing to all those that have been authors in this business , and truly that have been authors in this very work that bringeth us hither : i doe not only forgive them , but i pray heartily and really for them ; as god will forgive my sins , so i desire god may forgive them . i have a particular relation , as i am chancellor of cambridge and truly i must here , since it is the last of my prayers , pray to god that that university may goe on in that happy way which it is in , that god may make it a nursery to plant those persons that may be distributed to the kingdome , that the soules of the people may receive a great benefit and a great advantage by them ; and ( i hope ) god will reward them for their kindnesse , and their affections that i have found from them . ( looking towards mr. bolton . ) i have said what religion i have been breed in , what religion i have been born in , what religion i have practiced , i began with it and i must end with it . i told you that my actions and my life have not been agreeable to my breeding , i have told you likewise that the family where i was bred , hath been an exemplary family ( i may say so i hope without vanity ) of much affection to religion , and of much faithfullnesse to this kingdome , and to this state . i have endeavoured to doe those actions that have become an honest man , and which became a good english-man , and which became a good christian . i have been willing to oblige those that have been in trouble , those that have been in persecution , and truly i finde a great reward of it , for i have found their prayers and their kindnesse now in this distresse , and in this condition i am in , and i think it a great reward , and i pray god reward them for it . i am a great sinner , and i hope god will be pleased to hear my prayers , to give me faith to trust in him , that as he hath called me to death at this place , hee will make it but a passage to an eternall life through jesus christ , which i trust to , which i relye upon , and which i expect by the mercy of god . and so i pray god blesse you all , and send that you may see this to be the last execution , and the last blood that is likely to be spilt among you . and then turning to the side raile , he prayed for a good space of time . god hath given me ( speaking to mr. bolton ) long time in this world , he hath carried me through many great accidents of fortune , he hath at last brought me downe into a condition , where i find my selfe brought to an end , for a dis-affection to this state , to this parl. that ( as i said before ) i did believe no body in the world more unlikely to have expected to suffer for that cause . i look upon it as a great judgement of god for my sins . and truly sir , since that the death is violent ; i am the lesse troubled with it , because of those violent deaths that i have seen before : principally my saviour that hath shewed us the way , how and in what manner he hath done it , and for what cause , i am the more comforted , i am the more rejoyced . it is not long since the king my master passed in the same manner , and truly i hope that his purposes and intentions were such , as a man may not be ashamed not onely to follow him in the way that was taken with him , but likewise not ashamed of his purposes , if god had given him life . i have often dispu●ed with him concerning many things of this kind , and i conceive his sufferings , and his better knowledge and better understanding ( if god had spared him life ) might have made him a prince very happy towards himselfe , and very happy towards this kingdome . i have seen and known , that those blessed souls in heaven , have passed thither by the gate of sorrow , and many by the gate of violence : and since it is gods pleasure to dispose me this way , i submit my soule to him , with all comfort , and with all hope , that he hath made this my end , and this my conclusision , that though i be low in death , yet neverthelesse this , lownesse shall raise me to the highest glory for ever . truly , i have not said much in publick to the people concerning the particular actions that i conceive i have done by my counsels in this kingdome , i conceive they are well known , it were somthing of vanity ( me thinks ) to take notice of them here , i 'le rather dye with them , with the comfort of them in mine own bosome ; and that i never intended in this action , or any action that ever i did in my life , either malice , or bloodshed , or prejudice to any creature that lives . for that which concerns my religion , i made my profession before of it , how i was bred , and in what manner i was bred , in a family that was looked upon to be no little notorious in opposition to some liberties , that they conceived , then to be taken ; and truly there was some mark upon me , as if i had some taint of it , even throout the whole wayes that i have taken : every body knows what my affections have been to many that have suffered , to many that have been in troubles in this kingdome , i endeavoured to oblige them , i thought i was tyed so by my conscience , i thought it by my charity , and truly very much my breeding ; god hath now brought me to the last instant of my time , all that i can say , and all that i can adhere unto is this , that as i am a great sinner , so i have a great saviour , that as he hath given me here a fortune to come publickly in a shew of shame in the way of this suffering , ( truly i understand it not to be so ) i understand it to be a glory , a glory , when i consider who hath gone before me , and a glory when i consider i had no end in it but what i conceive to be the service of god , the king , and the kingdom , and therefore my heart is not charged much with any thing in that particular , since i conceive god will accept of the intention , whatsoever the action seem to be . i am going to dye , and the lord receive my soul , i have no reliance but upon christ for my self , i do acknowledge that i am the unworthiest of sinners , my life hath been a vanity , and a continued sin , and god may justly bring me to this end , for the sins i have committed against him , and were there nothing else but the iniquities that i have committed in the way of my life , i look upon this as a great justice of god to bring me to this suffering , and those hands that have been most active in it , i pray god forgive them , and that there may not be many such trophies of their victory . i might say somthing of our tryal , which i think hath been extraordinary , but because i would not seem as if i made some complaint , i will not so much as mention it , because no body shall believe i repine at their actions , or my owne fortune ; it is the will of god , it is the hand of god under whom i fall , i take it intirely from him , i submit my self to him , i shall desire to roule my selfe into the arms of my blessed saviour . and when i come to this place ( pointing to the block ) when i bowe downe my selfe there , i hope god will raise me up , and when i bid farewell , as i must now to hope and to faith , that love will abide , i know nothing to accompany the soule out of this world but love , and i hope that love will bring me to the fountaine of glory in heaven , through the arms , mediation , and the mercy of my saviour jesus christ , in whom i believe , o lord help my unbelief . i shall make as much hast as i can to come to that glory , and the lord of heaven and earth take my soule : i look upon my selfe intirely in him , and hope to find mercy through him , i expect it , and through that fountaine that is opened for sin , and for uncleannesse , my soule must receive it , for did i rest in any thing else , i have nothing but sin and corruption in me ; i have nothing but that , which instead of being carried up into the arms of god and glory , i have nothing but may throw me downe into hell . and here is the place where i lye downe before him , from whence i hope he will raise me to an eternall glory through my saviour , upon whom i rely , from whom only i can expect mercy : into his arms i commend my spirit , into his bleeding arms , that when i leave this bleeding body that must lye upon this place , he will receive that soule that ariseth out of it , and receive it into his eternall mercy , through the merits , through the worthinesse , through the mediation of christ that hath purchased it with his owne most precious blood . christ jesus receive my soule , my soule hungers and thirsts after him , clouds are gathering , and ●●●ust in god through all my heavinesse : and i hope through all impediments , he will settle my interest in him , and throw off all the claim that sathan can make unto it , and that he will carry the soul in despight of all the calumnies , and all that the devill and satan can invent , will carry it into eternall mercy , there to receive the blessednesse of his presence to all eternity . that lamb of god , into his hands i commit my soul ; and that lamb of god that sits upon the throne to judge those that fall down before him , i hope he will be pleased to look downward , and judge me with mercy that fall down before him , and that worship him , and that adore him , that only trusts upon his mercy for his compassion , and that as he hath purchased me , he would lay his claim unto me now , and receive me . indeed if christ justifie , no body can condemn , and i trust in god , in his justification , though there is confusion here without us , and though there are wonders and staring that now disquiet us , yet i trust that i shall be carried into that mercy , that god will receive my soule . then the earl of holland looking over among the people , pointing to a souldier , said , this honest man took me prisoner , you little thought i should have been brought to this , when i delivered my self to you upon conditions ; and espying capt. watson on horse back putting off his hat said to him , god be with you sir , god reward you sir . here must now be my anchor , a great storm makes me find my anchor , and but in stormes no body trust to their anchor , and therefore i must trust upon my anchor ( upon that god , said mr bolton , upon whom your anchor trusts ) yea , god , i hope , will anchor my soule fast upon christ jesus : and if i dye not with that clearnesse and heartinesse that you speak of , truly , i will trust in god though he kill me , i will relye upon him , and the mercy of my saviour . then the earl of holland imbraced liev : col : beecher , and tooke his leave of him : after which , he came to mr bolton , and having imbraced him , and returned him many thanks for his great paines and affections to his soule , desiring god to reward him , and returne his love into his bosome , mr bolton said to him , the lord god support you , and be seen in this great extremity , the lord reveale and discover himselfe to you , and make your death the passage unto eternall life . then the earl turning to the executioner , said , here my friend , let my cloaths and my body alone , there is ten pounds for thee , that is better then try cloaths , i am sure of it . execut. will your lordship please to give me a signe when i shall strike ? and his lordship said , you have room enough here , have you not ? execut. yes . then the earl of holland turning to the executioner , said , friend , doe you hear me , if you take up my head , doe not take off my cap. then turning to his servants , be said to one , fare you well , thou art an honest fellow , and to another , god be with thee , thou art an honest man , and then said , stay , i will kneel down and aske god forgivenesse , and then prayed for a pretty space with seeming earnestnesse . then speaking to the executioner , he said , which is the way of lying ? ( which they shewed him ) and then going to the front of the scaffold , he said to the people , god blesse you all , and god deliver you from any such act as may bring you to any such death as is violent , either by war or by these accidents , but that there may be peace among you , and you may find that these accidents that have hapned to us , may be the last that may happen in this kingdome ; it is that i desire , it is that i beg of god , next the saving of my soule ; i pray god give all happinesse to this kingdom , to this people , and this nation : and then turning to the executioner , said , how must i lye ? i know not . execut. lye down flat upon your belly : and then having laid himselfe down , he said , must i lye closer ? execut. yes . and backwarder . i will tell you when you shall strike , and then as he lay seemed to pray with much affection for a short space , and then lifting up his head , said , where is the man ? and seeing the executioner by him , he said , stay while i give the signe , and presently after stretching out his hand , and the executioner being not fully ready , he said , now , now , and just as the words were coming out of his mouth , the executioner at one blow severed his head from his body . the speech of the lord capel upon the scaffold . the conclusion that i made with those that sent me hither , and are the cause of this violent death of mine , shall be the beginning of what i shall say to you : when i made an address to them , ( which was the last ) i told them with much sincerity , that i would pray to the god of all mercies , that they might be partakes of his inestimable and boundlesse mercy in jesus christ , and truly i shall pray that prayer , and i beseech the god of heaven forgive any injury they have done to me , from my soule i wish it . and truly , this i tell you as a christian , to let you see i am a christian : but it is necessary i should tell you somewhat more , that i am a protestant , and truly i am a protestant , and very much in love with the profession of it , after the manner as it wa● established in england by the thirty nine article● , a blessed way of profession , and such a one , as truly , i never knew none so good : i am so far from being a papist , which some body have ( truly ) very unwo●thily at some time charged me withall , that truly i professe to you , that though i love good works , and commend good works , yet i hold , they have nothing at all to doe in the matter of salvation ; my anchor-hold is this , that christ loved me , and gave himselfe for me , that is it that i rest upon . and truly something i shall say to you as a citizen of the whole world , and in that consideration i am here condemned to dye : truly , contrary to the law that governs all the world , that is , the law of the sword , i had the protection of that for my life , and honour of it ; but truly i will not trouble you much with that , because in another place i have spoken very largely and liberall about it , i believe you will hear by other means what arguments i used in that case : but truly , that that is stranger , you that are english men , behold here an english man now before you , and acknowledged a peer , not condemned to dye by any law of engl. not by any law of england ; nay shall i tell you ( which is strangest of all ) contrary to all the lawes of engl : that i know of . and truly i will tell you , in the matter of the civill part of my death , and the cause i have maintained , i dye ( i take it ) for maintaining the fifth commandement , enjoyned by god himselfe , which enjoynes reverence and obedience to parents : all divines on all hands , though they contradict one another in many severall opinions , yet all divines on all hands , doe acknowledge that here is intended magistracy and order , and certainly i have obeyed that magistracy and the order under which i have lived , which i was bound to obey ; and truly , i doe say very confidently that i do dye here for keeping , for obeying that fifth commandement given by god himselfe , and written with his own finger . and now gentlemen , i will take this opportunity to tell you , that i can not imitate a better nor a greater ingenuity then his , that said of himselfe , for suffering an unjust judgement upon another , himselfe was brought to suffer by an unjust judgement . truly gentlemen , that god may be glorified , that all men that are concerned in it , may take the occasion of it , of humble repentance to god almighty for it , i do here professe to you , that truly i did give my vote to that bill of the e. of strafford , i doubt not but god almighty hath washed that away with a more precious blood , and that is , with the blood of his own son , and my dear saviour jesus christ , and i hope he will wash it away from all those that are g●ilty of it : truly this i may say , i had not the least part nor the least degree of malice in the doing of it : but i must confesse again to gods glory , and the accusation of mine own frailty , and the trailty of my nature , that truly it was an unworthy cowardize , not to resist so great a torrent as carried that businesse at that time . and truly , this i think i am most guilty of , of not courage enough in it , but malice i had none ; but whatsoever it was , god i am sure hath pardoned it , hath given me the assurance of it , that christ jesus his blood hath washed it away ; and truly , i doe from my soule wish , that all men that have any stain by it , may seriously repent , and receive a remission and pardon from god for it . and now gentlemen , we have had an occasion by this intimation to remember his majesty , our king that last was , and i cannot speak of him , nor think of it , but truly i must needs say , that in my opinion that have had time to consider all the images of all the greatest and vertuousest princes in the world , and truly in my opinion there was not a more vertuous , and more sufficient prince known in the world , then our gracious king charls that dyed last ; god almighty preserve our king that now is , his son , god send him more fortunate , and longer dayes ; god almighty so assist him , that he may exceed both the vertues and sufficiencies of his father : for certainly , i that have been a councellour to him , and have lived long with him , and in a time when discovery is easily enough made , for he was young ( he was about thirteen , fourteen , fifteen , or sixteen yeers of age ) those years i was with him , truly i never saw greater hopes of vertue in any young person , then in him ; great judgment , great understanding , great apprehension , much honour in his nature , and truly a very perfect english-man in his inclination ; and i pray god restore him to this kingdome , and unite the kingdomes one unto another , and send a happinesse both to you and to him , that he may long live and reign among you , and that that family may reign till thy kingdome come , that is , while all temporall power is consuminated : i beseech god of his mercy , give much happinesse to this your king , and to you that in it shall be his subjects , by the grace of jesus christ . truly , i like my beginning so well , that i will make my conclusion with it , that is , that god almighty would confer of his infinite and inestimable grace and mercy , to those that are the causers of my coming hither , i pray god give them as much mercy as their owne hearts can wish ; and truly for my part i will not accuse any of them of malice , truly i will not , nay , i will not think there was any malice in them ; what other ends there are , i know not , nor i will not examine , but let it be what it will , from my very soule i forgive them every one : and so , the lord of heaven blesse you all , god almighty be infinite in goodnesse and mercy to you , and direct you in those wayes of obedience to his commands to his majesty , that this kingdome may be a happy and glorious nation again , & that your king may be a happy king in so good and so obedient people . god almighty keep you all , god almighty preserve this kingdome . god almighty preserve you all . then turning about , and looking for the executioner ( who was gone off the scaffold ) said , which is the gentleman ? which is the man ? answer was made , he is coming , he then said , stay , i must pull off my doublet first and my wastcoat : and then the executioner being come upon the scaffold , the lord capel said , o friend , prethee come hither : then the executioner kneeling down , the lord capel said , i forgive thee from my soul , and not only forgive thee , but i shall pray to god to give thee all grace for a better life : there is five pounds for thee , and truly for my cloaths and those things , if there be any thing due to you for it , you shall be very fully recompenced , but i desire my body may not be stripped here , and no body to take no●●ce of my body but my own servants : look you friend , this i shall desire of you , that when i lye down , you would give me a time for a particular short prayer . liev. col. beecher , make your owne signe my lord . capel . stay a little , which side doe you stand upon ( speaking to the executioner ) stay i think i should lay my hands forward that way ( pointing fore right ) and answer being made yet , he stood still a little while , and then said , god almighty blesse all this people ; god almighty stench this blood , god almighty stench , stench , this issue of blood , this will not doe the businesse , god almighty find out another way to do it . and then turning to one of his servants , said , baldwin , i cannot see any thing that belongs to my wife , but i must desire thee to beseech her to rest wholly upon jesus christ , and be contented and fully satisfied : and then speaking to his servants he said , god keep you , and gentlemen , let me now doe a businesse quickly , privately , and pray let me have your prayers at the moment of death , that god would receive my soul . capel . pray at the moment of striking , joyne your prayers , but make no noise ( turning to his servants ) that is inconvenient at this time . servant . my lord , put on your cap. capel . should i , what will that doe me good ? stay a little , is it well as it is now ? and then turning to the executioner , he said , honest man , i have forgiven thee , therefore strike boldly , from my soule i doe it . then a gentleman speaking to him , he said , nay , prethee be contented , be quiet good mr — be quiet . then turning to the executioner , he said , well , you are ready when i am ready , are you not ? and stretching out his hand● , he said , then pray stand off gentlemen , then going to the front of the scaffold , he said to the people , gentlemen , though i doubt not of it , yet i think it convenient to ask it of you , that you would all joyne in prayers with me , that god would mercifully receive my soule , and that for his alone mercies in christ jesus . execut. my lord , shall i put up your haire ? capel . i , i , prethee doe ; and then as he stood , lifting up his hands and eyes , he said , o god , i doe with a perfect and a willing heart submit to thy will , o god , i doe most willingly humble my selfe : then kneeling down , said , i will try first how i can lye , and laying his head over the block , said , am i well now ? execut. yes . and then as he lay with both his hands stretched out , he said to the executioner , here lye both my hands out , when i lift up my hand thus , then you may strike . and then after he had said a short prayer , he lifted up his right hand , and the executioner at one blow severed his head from his body , which was taken up by his servants , and put ( with his body ) into a coffin , as the former . march . . an act for abolishing the house of peers . the commons of england assembled in parl finding by too long experience that the house of lords is uselesse and dangerous to the people of england to be continued , have thought fit to ordain and enact , and be it ordained and enacted by the present parliam : and by the authority of the same , that from henceforth the house of lords in par. shall be , and is hereby wholly abolished and taken away ; and that the lords shall not from henceforth meet or sit in the said house of lords , nor shall sit , vote , advise , adjudge or determine of any matter or thing whatsoever , as a house of lds in parl. neverthelesse it is hereby declared , that neither such lords as have demeaned themselves with honour , courage , and fidelity to the common-wealth , their posterities who shall continue so , shall not be excluded from the publick councels of the nation , but shall be admitted thereunto , and have their free vote in parl : if they shall be thereunto elected , as other persons of interest elected and qualified thereunto ought to have : and be it further ordained and enacted by the authority aforesaid , that no peer of this land , not being elected , qualified , and sitting in parl. as aforesaid , shall claim , have , or make use of any priviledge of parl. either in relation to his person , quality , or estate , any law , vsage , or custome to the contrary notwithstanding . hen : scobel , cler : parl. on thursday , july . . the general and army marched from mordington to coppersmith , col. hackers regiment being drawn up in the way , his excellency made a speech to satisfie them concerning capt. ogles troop being sent back into northumberland , in regard of his interest in that county , & that cap. greenwoods troop appointed for berwick should march with the regiment in the stead thereof , which gave great satisfaction . col. bright's regiment being drawn up ; maj. gen. lambert appointed collonel thereof , coming to the head of the regiment , was received with great acclamations . a list of the regiments of horse and foot randezvouzed and marched with the lord gen : cromwell , into scotland . eight regiments of horse . the lord generals , in number maj. gen. in number col. fleetwoods in number col. whalies in number col. twisden in number col. lilburn in number col. hackers in number col. okey in number consisting with officers , in all ten regiments of foot . the lord generals , in number col. pride col. bright col. maliveryr col. ch : fairfax col. cocks col. dunell col. sir arthur hasterigs companies col. fenwicks companies consisting with officers , in all the traine the whole thus : the traine the horse the foot the totall a letter from liev : gen : david lesley , to the lord gen : cromwell . my lord ; i am commanded by the committee of estates of this kingdome , and desired by the commissioners of the generall assembly , to send unto your excellency this inclosed declaration , as that which containeth the state of the quarrell : wherein we are resolved , by the lords assistance , to fight your army , when the lord shall please to call us thereunto . and as you have professed you will not conceal any of our papers , i doe desire that this declaration may be made known to all the officers of your army ; and so i rest , bruchton , aug. . your excell : most humble servant , david lesley . for his excellency the lord generall cromwell . the declaration of the commissioners of the generall assembly of scotland , as followeth . the commission : of the generall assembly considering , that there may be just ground of stumbling , from the kings majesties refusing to subscribe and emit the declaration offered unto him by the committee of estates , and commissioners of the generall assembly , concerning his former carriage , and resolutions for the future , in reference to the cause of god , and the enemies and friends thereof : doth therefore declare , that this kirk and kingdome doe not owne nor espouse any malignant party , or quarrell , or interest , but that they fight meerly upon their former grounds and principles , and in defence of the cause of god , and of the kingdome , as they have done these twelve years past . and therefore as they doe disclaime the sin and guilt of the king and of his house ; so they will not owne him , nor his interest , otherwise then with a subordination to god , and so far as he ownes and prosecutes the cause of god , and disclaimes his , and his fathers opposition to the work of god , and to the coven , and likewise all the enemies thereof . and that they will with convenient speed take into consideration the papers lately sent unto then from oliver cromwel , and vindicate themselves from all the fa●shoods contained therein , especially in these things , wherein the quarrell betwixt us and that party is mis-stated , as if we owned the late kings proceedings , and were resolved to prosecute and maintaine his present majesties interest , before and without acknowledgement of the sins of his house and former wayes , and satisfaction to gods people in both kingdomes . west kirk , aug. . a. ker. august . . the committee of estates having seen and considered a declaration of the commission : of the generall assembly , anent the stating of the quarrell , whereon the army is to fight , doe approve the same , and heartily concur therein . tho : henderson . the lord generalls answer to the former , as followeth . i received yours of the thirteenth instant , with the paper you mentioned therein inclosed , which i caused to be read in the presence of so many officers as could well be gotten together , to which your trumpet can witnesse , we returne you this answer , by which i hope in the lord it will appear , that we continue the same we have profest our selves to the honest people of scotland , wishing to them as to our own souls , it being no part of our business to hinder any of them from worshiping god in that way they are satisfied in their consciences by the word of god they ought ( though different from us ) but shall therein be ready to perform what obligations lye upon us by the covenant ; but that under the pretence of the covenant , mistaken and wrested from the most native intent and equity thereof , a king should be taken in by you , to be imposed upon us , and this called the cause of god and the kingdome , and this done upon the satisfaction of gods people in both nations , as is alleged , together with a disowning of malignants , although he who is the head of them in whom all their hope of comfort lies , be received ; who at this very instant hath a popish pa●ty fighting for and under him in ireland , hath prince rupert ( a man who hath had his hand deep in the blood of many innocent men of england ) now in the head of our ships stoln from us upon a malignant accompt ; hath the french and irish ships daily making depradations upon our coasts : strong combinations by the malignants in england , to raise arms in our bowels , by vertue of his commissions , who having of late issued out very many to that purpose , and how the interest you pretend you have received him upon , and the malignant interest in the ends and consequences entring in this man , can be secured , we cannot discern ; and how we should believe , that whilst known and notorious malignants , fighting and plotting against us on the one hand , and the declaring for him on the other , should not be an espousing of a malignant party , quarrell , or interest , but be a meer fighting upon former grounds and principles , and in defence of the cause of god , and of the kingdome , as hath been these twelve yeers last past ( as ye s●y ) for the security and satisfaction of gods people in both nations , or the opposing of which should render us enemies to the godly with you , we cannot well understand , especially considering , that all these malignants take their confidence and encouragement from the late transactions of your kirk and state with your king ; for as we have already said , so we tell you again , it is but satisfying security to those that employ us , and are concerned in that we seek , which we conceive will not be by a few formall and feigned submissions from a person who could not tell otherwise how to accomplish his malignant ends , and therefore councel'd to this complyance , by them who assisted his father , and have hitherto acted him in his most evill designes , and are now again by them set on foot ; against wch , how you will be able , in the way you are in , to secure us or your selves , is ( forasmuch as concerns our selves ) our duty to looke after . if the state of your quarrell be thus , upon which , as you say , you resolve to fight our army , you will have opportunity to doe that , els what means our abode here ? and if our hope be not in the lord , it will be ill with us . we commit both you and our selves to him , who knowes the heart and tries the reins , with whom are all our wayes , who is able to doe for us and you , above what we know , which we desire may be in much mercy to this poor people , and to the glory of his owne great name . and having performed your desire in making your papers so publick as is before exprest , i desire you to doe the like , by letting the state , kirk and army have the knowledge hereof . to which end i have sent you inclosed two copies , and rest from the camp at pencland hills , aug. . , your humble servant , o : cromwel . the victory at gladsmore in scotland , july , . . m g. montgomery slaine , arms taken , troopers , wounded , colours , troops routed , font routed at muscleburrough . the victory at dunbar , aug. . , killed , prisoners , horse , commission officers , arms , colours , pieces of ordnance . of ours that ingaged horse and foot ; their word , the covenant , ours , the lord of hests . novemb. . insurrections in norfolke , for which were condemned , and executed . col. ker routed and taken , and the town of ayre . decemb. . the strong castle of edenburgh delivered up , pieces of ordnance , whereof iron , the 〈◊〉 braste , about arms , with store of ammunition and provision . nov. . a squadron of ships commanded by gen. blague , surprised a considerable part of the portugal brasit fleet fraighted with sugar , and sent them to england , and after pursued the revolted ships beyond alligant , where they took of prince ruperts fieet , and pursued him to thoulon one of the surthest havens of france , having but two ships left . jan. . . a day of publick thanksgiving in england , wales , and town of berwick jan. . . the scots king was crowned at schone , he is general of the army , d. hamilton lieut. gen. of the scotch army , david lesley m. g. middleton l. g. of the scotch horse , and massey m. g. of the english . jan. . . the king of spaine sent his ambassador for the ●●knowledging of this state , whose authority and soveraignty reades in this parl. of the commonwealth of england , and to stablish a good friendship with it . the portugal sent his agent also to the like effect . march . . sir henry hide beheaded at the exchange for receiving and acting by vertue of a commission from charls stuart the second , and king of great britaine , france , and ireland , as his agent to the great turk , with an intent to destroy the trade of the turky company , and the parl. interest , not onely in constantinople , but in mitylene , anatolia , & smyrna , in which conspiracies he was a commissioner , and likewise to seize upon our merchants goods for the use of the king of scotland , and procured audience of the grand visier , and raised great fears and uproars among the merchants . a speech made by k. charles ye . d . at his coronation : i. january . i will by gods assistance bestow my life for your defence wishing to live no longer then that i may see this kingdome flourish in happiness . the oath , i doe promise & vow in ye presence of ye eternall god yt i will maintaine ye true kirk of god religion right preaching & administration of ye sacraments now received & preached within this realme in purity ; and shall abolish & gain-stand all false religions & sects contrary to ye same . and shall rule ye people comīted to my charge , according to ye will of god , and laudable laws & constitutions of ye realme ; causing justice & equity to be ministred without partiality . browne bushelt , beheaded under the scaffold on tower-hill , mar. . . for delivering up scarborough . june . . the surrender of scilly islands . june . insurrection in cardiganshire , slaine , prisoners taken . july . burnt island surrendred . the scotch king invaded england with hors and foot , and a light tran of artillery , and , caused himselfe to be proclaimed k. of england , scotland , and ireland , in lancashire . august . charls the first erected his standard at nottingham , and charls the second erected his standard at worcester , aug. . . sept . old lesley , crawford , linsey , ogleby , with divers of quality , besides 〈◊〉 taken that were making levies to raise the siege at dundee aug. , ● . st johnston surrendred . aug. . the castle of ste●●● surrendred 〈◊〉 pieces of ordnance , faire brasse pieces , a great iron g●●● , leather guns provision of meal to serve men about twelve months , or barrels of beef , armes , new muskets and pikes , barrels of powder , or vessels of claret wine , and strong waters , great store of match and other ammonition , lantes guns , a thousand flats and other instruments of war of that nature , all the records of scotland , the chaire and cloath of state , the sword , and other rich furniture of the kings . aug. . the totall rout and overthrow of the earl of darby in lancashire , by col. robert lilburne . a full narrative of the late dangerous designe against the state ; written with master love's owne hand , and by him sent to the parliam : declaring the severall meetings , and secret actings , with major alford , major adams , colonel barton , master blackmore , m case , m cauton , dr. drake , m drake , capt. far , m. gibbons , m. haviland , maj huntington , m. jenkins , m. jaquel , m. jackson , liev. jackson cap. massey , m. nilton , cap. potter , m. robinson , m. sterks , col. sowton , col. vaughan , and others . considering how a clear and full narrative may satisfie the state ( although it may prejudice my self ) i am willing with an ingenuous freedome , and opennesse of heart to make known the whole matter , so far as i distinctly know and well remember , humbly hoping that this large acknowledgment of mine ( which is more then any in the world can prove against me ) shall not be taken as an aggravation of my fault , but as a demonstration of my ingenuity . before i mention the matters of fact , i humbly crave leave to signifie the time when , and manner how i came to be intangled in this unhappy businesse . i now come humbly and truly to relate the matter of fact , which is as followeth : it appeared to me by the testimony of the witnesses , that there were freequent meetings by mr. drake , alford , titus , adams , and others , soon after the death of the late king , and applications made to the king of scots , the queen his mother , to jermyn , and piercy , both before and during the treaty at jersey , of which i know nothing , nor was i present : but the first meeting i was at , was at my house ( and as i remember ) at the reading of a letter which came from captain titus , after the treaty was ended at jersey ; the contents of that letter were ( if i mistake not ) to this effect : that the treaty at iersey was broken off through the violent and evill counsels of desperate malignants ; and that he had something of concernment to communicate , which he durst not doe in person , being not safe for him to come over into england , nor could he well doe it by writing , he judging it not fit or safe to send by the common post scaring a miscarriage ; wherefore he desired some body to be sent over to him to calice , to whom he might give an account of all proceedings . upon the reading of this letter , mr. drake moved that some person should be desired to goe to calice ; for said he , we shall hear the whole relation of the businesse at iersey ; whereupon major adams or capt. farr were moved by mr. drake to goe . there was mention of major alford to goe , though he was not then present that i know of , nor was he ever within my house , as i remember , untill after he returned from calice : so that there was none that i know of was gone , mr. drake told me , major alford was the fittest man to go over to calice , having businesse of his owne to goe into france , to look after his prodigall son , so that it was ( said he ) a plausible pretence to concea●e his going over to meet with titus . there were present at this first meeting , m. drake , m. ienkins , maj. adams , d. drake , cap. far , capt. potter , and my selfe , with some others , but who more i cannot remember . about or dayes after maj. alfords return from calice , m. drake told me he was come to london , and told me he would goe to severall ministers and citizens , to desire them to meet at my house , that so we might hear what newes maj. alford brought with him from calice ; accordingly the next day in the evening they met at my house , mr. drake brought maj. alford with him , who gave an account of his conference with titus , and his receiving a copy of the kings letter from him , as also a narrative of the treaty at iersey , and said , that he brought not over the letters himselfe , but delivered them to a passenger that came in the ship , least himself should be searched ; but after he came into england he received the letter & narrative from him ( but who he was i know not ) and so brought them to london , whether the copy of the kings letter was read at my house , in my hearing , i remember not ; yet i deny not but it was read there ; i am sure i heard the contents of it were to this effect , that he took in good part the affections and loyalty of those who formerly had petition'd to him ( of which petition i know nothing ) and if ever god restored him , or put him in a condition , he should remember them . the narrative read in my house , was to this effect , he made a large description of the scots , commending his prudent carriage , & good inclinations to an agreement with the scots , but that his bad councel about him hindred it ; also he made a rehearsall of his lusterings from the cavaliers at jersey , how he was imprisoned in a close room . there were present at this meeting , maj. alford , m. drake , mr. case , maj. adams , mr. jaquel , mr. jackson , mr. jenkins , dr. drake , capt. potter , mr. sterks , capt. farr , and my selfe , with others , but who . i doe not remember . a little before the treaty at bieda , there was a meeting at my house , mr drake proposed , that wee should thinke of some way to promote the agreement between the king and the scots ; where by the way i desire humbly to give notice , that this was the first and only meeting of this nature , at my house . mr drake took out some papers out of his pocket written in characters , which he read in my study , which went under the name of a commission and instructions to be sent to the lord willoughby , alderm : bunce , massey , graves , and titus , to appoint them to advise with , and use their interests in persons of honour , to provoke the king to agree with the scots , & take the covenant ; as also to advise with the scots commissioners , and perswade them , that in their agreement with their king , they would have speciall respect to the interest of religion , and terms of the covenant ; the commission ran in this form , as if it were in the names of all the presbyteriall party in england : after i heard it read , i was against it alledging severall reasons , chiefly , that it was an act of high presumption for private persons to send a commission with instructions ; and an act of notorious falshood , to say this was in the name of all the presbyteriall party of england , when but a few persons knew thereof ; many in the company also exprest a dislike thereof : mr. drake also read a letter in this meeting , but to whom it was i know not , neither know i the contents of it , i was at least a dozen times called out of the room , whiles the company were there , so that i am not able to give so ful and particular an accompt of the contents of the letter , and of the commission and instruction : what mr. drake did about the commission and instructions after he was gone from my house , i know not , what and by whom he sent i know not , until maj. alford declared before the high court , that he received the papers from mr. drake , carried them to gravesend , and delivered to one mason , and he caried them to holland . there was at this meeting , maj. huntington , m. drake , d. drake , m. jackson , m jenkins , m. cauton , maj. alford , m gibbons , maj. adams , cap. farr , and my selfe , with others , whom i cannot remember . there is one thing more i make bold to mention , that there are other persons besides those i have named , who did now and then come to my house , as m. robinson , m. nalton , m. haviland , m. blackmore , col. vaughan , col. sowton , were present at one time or another , but at what particular meeting , i cannot positively say . thus i have cleerly laid open the whole matter of fact , so far as i well remember , and distinctly know of passages about these meetings and transactions at my house . tower of london , july . . i attest the truth of this narrative under my hand . christopher love . mr. love's speech made on the scaffold on tower-hill . august . . beloved christians , i am this day made a spectacle unto god , angels , and men ; and among them i am made a grief to the godly , a laughing stock to the wicked , and a gazing stock to all ; yet blessed be my god , not a terror to my self ; although there be but a little between me and death , yet this bears up my heart , there is but a little between me and heaven : it comforted dr. taylor , the martyr , when he was going to execution , that there were but two stiles between him and his fathers house ; there is a lesser way between me and my fathers house , but two steps between me and glory , it is but lying down upon the block , and i shall ascend upon a throne : i am this day sa●ling towards the ocean of eternity , through a rough passage , to my haven of rest , through a red sea , to the promised land : methinks i hear god say to me as he did to moses , goe up to mount nebo and dye there , so goe thou up to tower-hill , and dye there isaac said of himself , that he was old and yet he know not the day of his death , but i cannot say thus , i am young , and yet i know the day , the kind , and the place of my death also ; it is such a kind of death as two famous preachers of the gospel were put to before me , iohn the baptist , and paul the apostle , we have mention of the one in scripture story , of the other in ecclesiastical history : and rev. . . the saints were beheaded for the word of god , and for the testimony of iesus . but herein is the disadvantage which i am in in the thoughts of many , who judge that i suffer not for the word or conscience , but for medling with state matters . to this i shall briefly say , that it is an old guise of the devil , to impute the cause of gods peoples sufferings to be contrivements against the state . the rulers of israel would put ieremiah , to death upon a civil account , though it was the truth of his prophesie made them angry , because he fell away to the chaldeans , so paul must dye as a mover of sedition . the same thing is laid to my charge , whereas indeed it is because i pursue my covenant , and will not prostitute my p●inciples to the lusts of men . beloved , i am this day to make a double exchange , i am changing a pulpit for a scaffold , and a scaffold for a throne ; and i might add a third , i am changing this numerous multitude upon tower-hill , for the innumerable company of angels in the holy hill of zion ; and i am changing a guard of sould●ers for a guard of angels , which will receive me and carry me into abrahams bosome . this scaffold is the best pulpit i ever preached in , for in the church pulpit god through his grace made me an instrument to bring others to heaven , but ' in this he will bring me to heaven ; and it may be this speech upon a scaffold may bring god more glory then many sermons in a pulpit . before i lay down my neck upon the block , i shall lay open my case , and that without animosity or revenge ; god is my record , whom i serve in the spirit , i speak the truth , and lye not , i doe not bring a revengefull heart unto the scaffold this day ; before i came here , upon my bended knees i have beg'd mercy for them that denied mercy to me , & i have prayed god to forgive them who would not forgive me : i have forgiven from my heart , the worst enemy i have in all the world , and this is the worst that i wish to my accusers and prosecuters , who have pursued my blood , that i might meet their souls in heaven . i have no more to say , but to desire the help of all your prayers , that god would give me the continuance and supply of divine grace to carry me through this great work i am now to doe ; that i , who am to doe a work i never did , i may have a strength that i never had ; that i may put off this body with as much quietnesse and comfort of mind , as ever i put off my cloaths to goe to bed . and now i am to commend my soule to god , and to receive my fatall blow , i am comforted in this , though men kill me , they cannot damne me , and tho they thrust me out of the world , yet they cannot shut me out of heaven . i am now going to my long home , to heaven my fathers house , to the heavenly ierusalem , to the innumerable company of angels , to jesus christ the mediator of the new covenant , to the spirits of just men made perfect , to god the judge of all , in whose presence there is fulnesse of joy , and at whose right hand there are pleasures for evermore . then he kneeled down and made a short prayer privately . then after rising up , he said , blessed be god i am full of joy and peace in believing , i lye down with a world of comfort . and then saying the lord bless you , he lay down with his head over the block , and when he stretched out his hands , the executioner did his office . the humble petition of william jenkins , prisoner . most humbly sheweth ; that your petitioner is unfeignedly sorrowfull for all his late miscarriages , whether testified against him , or acknowledg'd by him , and for the great and sinfull unsutablenesse of them to his calling and condition . that upon earnest seeking of god , and diligent enquiry into his will , your petitioner is convinced , that the alterations of civill governments are ordered by , and founded upon the wise and righteous providences of god , who removeth kings and setteth up kings , ruleth in the kingdomes of men , and giveth them to whomsoever he will . that the providences of this god , have in the judgement of your petitioner , as evidently appeared in the removing of others from , and the investing your honours with the government of this nation , as ever they appeared in the taking away , or bestowing of any government in any history of any age of the world . that he apprehends , that a refusall to be subject to this present au●hority , under the p●etence of upholding the title of any one upon earth , is a refusall to acquiesce in the wise and righteous pleasure of god , such an opposing of the government set up by the soveraign lord of heaven and earth , as none can have peace , either in acting in , or suffering for , and that your petitioner looks upon it as his duty , to yeeld to this authority , all active and cheerfull obedience in the lord , even for conscience sake , to promise ( he being required ) truth and fidelity to it , and to hold forth the grounds of his so doing to any as god shall call him thereunto . that though an imprisonment , accompanied with the losse of estate , and to be followed ( without your gracious prevention ) with a speedy arraignment before a high and eminent judicatory , are far from being pleasant to flesh and blood , and though the injoyment of your grace and favour , be a blessing most deserving to be reckoned among the best of temporals , yet that neither the feeling , and fearing of the former , nor the expectation of the latter , could have induced your petitioner against the light of his owne judgement , and the prepondering part of his owne conscience to have made , or presenting this acknowledgment , he sadly fore-casting , that a whole skin is but a contemptible recompence for a wounded conscience . wil : jenkin . sept. . . a victory obtained over the scotch army at worcester . this day twelve months was glorious at dunbar , but this day hath been very glorious before worcester ; the word was , the lord of hosts , and so it was now ; the same signall we had now as then , wch was to have no white about us , yet the lord hath cloathed us with white garments though to the enemy they have been bloody , onely here lyeth the difference , that at dunbar our work was at break of day , but now it began towards the close of the evening , taken and slain of the enemy , about of ours . the general hazarding himselfe , rode up to the enemies forts , offering them quarter , whereto they returned no answer but shot . sept. . dundee taken by storm , ships in the harbour , guns . the scots king beaten at worcester , gets into a hollow tree , remains there a night , next day in a wood , cuts his haire short , shipt for havre de grace , and so to paris . sir , the scottish king came hither on munday the last of october , n. s. and being demanded by his mother and the duke of orleans , how he escaped the fight of worcester , gave them this account . that about six a clock in the evening , his army being in all likelihood lost , he quitted wor. towne , with a party of horse , and marched toward lancashire , but being fearfull of being pursued , and o the scottish officers that might deliver him up , he with the l : wilmot quitted their horses , and betook themselves next day to a tree , where they staid till night , and then marched , the third day they lay in a wood , and at night marched toward lancashire , a lady receiving them , furnished them with cloaths for a disguise , and cut off their haire . having reposed or dayes , she endeavoured to ship them out of england , and she riding behind the king , and wilmot as another servant by , they went to bristoll , but finding a narrow inquiry there , resolved to go for london , where they stayed week . the king one day went into westminster hall , where he saw the states arms , and scots colours ; my lord wilmot procured a merchant to hire a ship of forty tuns to transport them , which cost them a hundred and twenty pounds , but where they took shipping is not known : but as soon as my lord was entred the barque , and the king as his servant , the master came to him , and told him that he knew the king , and in case it should be known , he could expect no mercy : which saying troubled them , but at length , what with money and promises , they prevailed , and so set saile for havre de grace , where they landed , and from thence to roven , where they cloathed themselves , and writ to paris . his arrivall there will put them to new counsels , since , now they cannot send their ambassadors , which was concluded on before his coming . the duke of orleans fetcht him into towne , and expressed much as to serve him . yesterday , he , with thurenne , beaufort , and the d. of guise came to him to the louvre , where the king told them , that they should endeavour to reconcile the breach between the prince and the king of france , for , said he , to my knowledge the english will visit you with an army in the spring . octob. . . earl of darby beheaded at bolton in lancashire . octob. . the isle of jersey taken . nov. . the isle of man taken . resolv : that the time for the continuance of this parl. beyond which they resolve not to fit , shall be nov. . . the parl. of the common-wealth of england declare ; that no power , jurisdiction , or authority , otherwise then from the parl. of engl : be used , exercised , or enjoyned within scotl : or the isles , or any of the territories thereof . that they doe forbid , annull , and make voyd the use and exercise of any power , jurisdiction , and authority whatsoever , within scotl : or the isles , or any of the territories thereof , other then such as shall be so derived . an act of generall pardon and oblivion , feb. . . the parl. of england having had good experience of the affections of the people to this present government , by their ready assistance against charles stuart sonne of the late tyrant , and the forces lately invading this nation under his command ; and being much afflicted with the miserable and sad effects which the late unnaturall war hath produced , and resolved to settle the peace and freedome of this common wealth ; and being desirous that the minds , persons , and estates of all the people of this nation might be composed , setled , and secured , and that all rancour and evill will occasioned by the late differences , may be buried in perpetuall oblivion , be it enacted by this present parl. and by authority of the same , that all and every person or persons of or within the common-wealth of england , the isles of iersey and garnsey , the towne of berwick upon tweed , and the heirs , execut : and admin : of them and every of them , and all and singular bodies in any manner incorporated , cities , burroughs , shires , &c. and every of them are , and shall be acquitted and pardoned , of all treasons , fellonies , offences , &c. done before sept. . . not in this present act hereafter not excepted nor fore-prized . and the said keepers of the liberties of england , granteth and freely giveth to every of them , all goods , debts , chattels , fines , which to the said keepers of the liberties of england , do belong or appertain , before sept. . and which be not hereafter in this act foreprized and excepted . and it is further enacted , that this pardon shall be taken in courts of justice , available to all and singular the said persons . &c. shall be arrested , &c. for any thing acquitted by this act , every person so offending , shall pay to him offended , his treble damages , and . l. to the state . excepted all high-treasons ( other then for words only ) and all levying of war , rebellions , insurrections , and conspiracies committed against the par. since ian. . . and all concealments of the said offences . and all voluntary murthers , petty treasons , poysoning , piracles , buggeries , rapes , ravishments , marrying any one against her will . and also all persons now attained for petty treason , murther , poysoning , conjurations , witchcrafts , charms , detainments of customs , and sums of money due upon composition , excise , or new-imposts ; all conditions , covenants , and penalties of forfeitures due to the parl. or the late k. since ian. . . all first fruits , and tithes , and all offences and misdemeanours , whereof any sentence or judgment hath been given in parl. since ian. . . and all offences of bribery , perjuries , and subordination of witnesses , counterfeiting deeds , debenters , bills of publick faith , escripts , or writings whatsoever , carrying over seas any coyn or jewels , melting downe of gold or bullion , &c. detaining the goods , &c. of the late king or queen , all offences committed by any jesuite , any outlawries upon any writ of capion ad satisfaciendum , and all , except such persons as were ian. . . in prison by order of parl. and all proceedings concerning common high-wayes , all free-farm-rents , and arrerages due since iune . . all moneys imprested since nov. . . provided all acts of hostility between the late king and parl. or between any of the people of this nation , or falling out by reason of the late troubles , shalt in no time after iune . . be called in question . the declaration of the lord generall and his councel of officers shewing the grounds and reasons for the dissolving the parliament , april . . after it had pleased god not only to reduce ireland , and give in scotland but so marvellously to appeare for his people at worcester , that these nations were reduced to a great degree of peace , it was matter of grief to many well affected , in the land , to see the cause of god so little forwarded by the parl. whereupon they applied to the army , expecting redresse by them , notwithstanding which , the army being unwilling to meddle with the civill authority , in matters so properly appertaing to it , it was agreed , that his excellency and officers of the army should be desired to move the parl. to proceed vigorously in reforming what was amisse in government ; which having done , we hoped that the parl. would seasonably have answered our expectations , but finding delayes therein , we renewed our desires in a petition in august last , and although they signified their good acceptance thereof , and referred the particulars to a committee of the house , yet no considerable effect was produced , but there more and more appeared among them an aversion to the things themselves , with much bitternesse and opposition to the people of god ; which grew so prevalent , that those persons of honour and integrity who had eminently appeared for god and the publick good , were rendred of no further use in parl. then by meeting with a corrupt party to give them countenance to carry on their ends for which purpose , they frequently declared themselves against having a new representative , and when they were necessitated to take that bill into consideration , they resolv'd to make use of it to recruit the house with persons of the same temper , thereby to perpetuate their owne sitting , which intention divers of the most active did manifest , labouring to perswade others to a consent therein ; and divers petitions preparing from severall counties for the continuance of this parl. were encouraged by them . for obviating these evills , the officers of the army obtained severall meetings with some of the parl. to consider what fitting meanes might be applyed to prevent the same ; but such endeavours proving altogether ineffectuall , it became most evident to the army , that this parl. would never answer those ends , which god , his people , and the whole nation expected from them . but that this cause must needs languish under their hands , and be wholly lost . all which being sadly considered by the honest people of this nation , as well as by the army , and wisdome and direction being sought from the lord , it seemed to be a duty incumbent upon us to consider of some more effectuall means to secure the cause which the good people of this common wealth have been so long engaged in , and to stablish peace in these nations . and after much debate it was judged necessary , that the supream authority should be devolved upon known persons , men fearing god , and of approved integrity , and committed unto them for a time , as the most hopefull way to encourage and countenance all gods people , reform the law , and administer justice impartially , hoping thereby the people might forget monarchy , and have the government setled upon a true basis , without hazard to this glorious cause , and necessitating to keep up arms for the defence of the same . and being still resolved to use all means possible to prevent extraordinary courses , we prevai'ed with about twenty members of parl. to give us a conference , with whom we freely and plainly debated the necessity and justnesse of our proposals , and did evidence that these would most probably bring forth something answerable to that work , the foundation whereof god himselfe hath laid . the which found no acceptance , but it was offered , that the way was to continue still this parl. as being that from which we might reasonably expect all good things ; and this being insisted upon , did much confirm us in our apprehensions , that not any love to a representative , but the making use thereof to perpetuate themselves , was their aim . they being plainly dealt with about this , and told , that neither the nation , the honest interest , nor we our selves would be deluded by such dealings , did agree to meet again next day in the afternoon , and nothing in the mean time should be done , that might frustrate the proposals . notwithstanding the parl. next morning did make more hast then usuall in carrying on their said act , being helped therein by some of the persons engaged to us the night before , none of them endeavouring to oppose the same , and being ready to put the main question for consummating the said act , whereby our proposals would have been made void . for preventing whereof , we have been necessitated to put an end to this parliament . and desire that all men , as they would not provoke the lord to their owne destruction , should wait for such issue as he shall bring forth , and to follow their businesse with peaceable spirits , wherein we promise them protection by his assistance . finis . three letters from the lord general monck, commander in chief of the forces in scotland and one of the commissioners by act of parliament for the government of the army of this commonwealth viz. to mr. speaker, to the lord fleetwood, to the lord lambert. albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) three letters from the lord general monck, commander in chief of the forces in scotland and one of the commissioners by act of parliament for the government of the army of this commonwealth viz. to mr. speaker, to the lord fleetwood, to the lord lambert. albemarle, george monck, duke of, - . [ ] p. printed by christopher higgins, edinburgh : . reproduction of original in the bodleian library. contains letters to the speaker of parliament, to lord fleetwood, and to lord lambert, all dated october , . eng england and wales. -- army -- history -- th century. a r (wing a ). civilwar no three letters from the lord general monck, commander in chief of the forces in scotland, and one of the commissioners by act of parliament f albemarle, george monck, duke of d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion three letters from the lord general monck , commander in chief of the forces in scotland , and one of the commissioners by act of parliament for the government of the army of this commonwealth . viz. to mr. speaker , to the lord fleetwood , to the lord lambert . edinburgh , printed by christopher higgins , in harts close , over against the trone church , anno dom. . to the speaker . right honourable , having received notice , that there was a force put upon the parliament on the twelfth of this instant , i have sent this messenger to your lordship , to know whether that force ; doth continue ; for i am resolved by the grace and assistance of god , as a true english-man , to stand to and assert the liberty and authority of parliament ; and the army here ( praised be god ) is very couragious and unanimous , and i doubt not but to give a good accompt of this action to you. i have , according to your act of the th . instant , being constituted a commissioner for the government of the army , put out such persons as would not act according to your commission : i do call god to witness , that the asserting of a commonwealth is the only intent of my heart , and i desire , if posible , to avoid the shedding of blood , and therefore intreat you , that there may be a good understanding between parliament and army ; but if they will not obey your commands , i will not desert you , according to my duty and promise . which is all at present from your humble and faithful servant , george monck . edinburgh , octob. . . to the lord fleet wood . right honourable , i have sent this messenger to your lordship , to let you know that we have received notice , that a part of the army have put force upon the parliament , which they so lately called together , and owned with the greatest testimonies of obedience and repentance for their former apostacie from them ; i hope your lordship will not abet an action of such a dangerous and destructive consequence ; i know that you love the liberty and peace of england so well , that you will use your best care , that attempts of this nature be suppressed . i do therefore humbly intreat you that the parliament may be speedily restored to that freedom , which they enjoyed on the eleventh of this instant , otherwise i am resolved , by the assistance of god , with this army under my command to declare for them , and to prosecute this just cause to the last drop of my bloud ; i blesse the lord , that the officers here are very unanimous : and for such , whose hearts fail them , or which will not act according to their commissions from the parliament , i having authority as one of the seven commissioners appointed by act of parliament , do constitute such as chearfull for this good old cause , till the parliaments pleasure be further known ; and i do plainly assure your lordship , that i was never better satisfied in the justice of any 〈…〉 gagement than in this : you cannot but 〈…〉 that god hath already shewed 〈…〉 glorious in it , and determined the 〈…〉 this side , against arbitrary power of ●●●●ing money without the peoples consent first had , and the management of the militia by any other then the parliament . i desire your lordship not to be deluded by the specious pretences of any ambitions persons whatsoever , and do not bring all the bloud that will be shed upon your own head ; my lord , consider how you will answer to the dreadful god for the ruine of three nations , for to serve a lust , or to gratifie a passion : for my particular , i am ashamed of these confusions and changes that we have made , that we are now become a scorn and a reproach to our very friends , and designed to ruine by all our neighbours . i take god to witnesse , that i have no further ends then the establishing of parliamentary authority , and those good lawes that our ancestors have purchased with so much bloud , the setling the nations in a free commonwealth , and the defence of godlinesse and godly men , though of different iudgement ; and i take my self so far obliged , being in the parliaments service , to stand , though alone , in this quarrell , and doubt not but your lordship , having the fear of god in your heart , will carefully consider of this matter : which is all at present from your excellencies humble servant , george monck . edinb. octob. . . to the lord lambert . right honourable , having notice , that a part of the army under the parliaments command , have , contrary to their duty , put force upon them ; i have therefore sent this messenger to your lordship , to intreat you to be an instrument of peace and a good understanding between parliament and army : for , if they shall continue this force , i am resolved , with the assistance of god , and that part of the army under my command , to stand by them , and assert their lawful authority . for , sir , the nation of england will not endure any arbitrary power , neither will any true english-man in the army , so that such a design will be ruinous and destructive ; therefore i do earnestly intreat you , that we may not be a scorn to all the world , and a prey to our enemies , that the parliament may be speedily restored to their freedom which they enjoyed on the . of this instant . which is all at present from your lordships humble servant , george monck . edinburgh , octob. . . the case of richard hutchinson, esq; against sir eliab harvey, return'd to serve as burgess for malden, in the county of essex, in the place of sir thomas darcy, deceased. appointed to be heard on the th day of january. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of richard hutchinson, esq; against sir eliab harvey, return'd to serve as burgess for malden, in the county of essex, in the place of sir thomas darcy, deceased. appointed to be heard on the th day of january. hutchinson, richard, esq. sheet ([ ] p.) s.n., [london : ] caption title. publication data suggested by wing. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hutchinson, richard, -- esq. -- trials, litigation, etc. harvey, eliab, -- sir -- trials, litigation, etc. england and wales. -- parliament. -- house of commons -- contested elections -- early works to . elections -- corrupt practices -- england -- essex (england) -- early works to . essex (england) -- politics and government -- th century -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of richard hutchinson , esq against sir eliab harvey , return'd to serve as burgess for malden , in the county of essex , in the place of sir thomas darcy , deceased . appointed to be heard on the th day of january . sir eliab , according to the poll declared by the bayliffs of the town , had voices richard hutchinson , esq of these , sir eliab had free-men made contrary to a known , unrepealed by-law the aforesaid richard hutchinson esq of such men , only so that sir eliab had , legal voices , but and the said richard hutchinson , esq according to which , the abovesaid richard hutchinson esq had a true majority of besides , sir eliab had minors the said richard hutchinson esq had also a greater majority than as aforesaid , if the clergy-men who voted for sir eliab , and the other free-men made on purpose to vote for him , since the death of sir thomas darcy , ( some of which were made since the delivery of the precepts ) were set aside . however , the foul and partial practices of the bayliffs , in giving honorary freedoms to them that would promise to vote for sir eliab , and denying freedoms to them who had right to be made free , unless they would make such promise ; and in delaying the election for near a month , at sir eliab's desire , in suffering him to appoint the hour of proceeding to a choice , and to govern the court at the poll , which was called over according to a list contrived to serve him , in over-ruling all just exceptions , and absolutely denying a scrutiny , though demanded , and insisted on : together with the bribery , menaces and force used on that side , it is conceiv'd , will be sufficient to make void sir eliab's election , if the aforesaid richard hutchinson , esq had not a true majority , as above . a happy handfull, or green hopes in the blade; in order to a harvest, of the several shires, humbly petitioning, or heartily declaring for peace. fuller, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a happy handfull, or green hopes in the blade; in order to a harvest, of the several shires, humbly petitioning, or heartily declaring for peace. fuller, thomas, - . [ ], , [ ] p. printed for john williams at the sign of the crown in st. pauls church-yard, london : . epistle dedicatory signed: john williams. a collection of petitions, remonstrances and declarations from various parts of the kingdom. -- thomason catalog. annotation on thomason copy: "vide single sheets in fol. printed about a month before this in ⁰"; "may. d". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . political science -- sources -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . great britain -- constitution -- early works to . a r (thomason e _ ). civilwar no a happy handfull, or green hopes in the blade;: in order to a harvest, of the several shires, humbly petitioning, or heartily declaring for fuller, thomas b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a happy handfull , or green hopes in the blade ; in order to a harvest , of the several shires , humbly petitioning , or heartily declaring for peace . diadem psal. . . seek peace , and follow after it . london , printed for john williams at the sign of the crown in st. pauls church-yard , . to his highness the lord general monck . my lord , what formerly was in single arrows , is here bound in a sheaf , i conceive it good that by such conjunction , they might mutually reflect light one on another . posterity will probably be pleased to look back on such passages . some love to see the little coats they then did wear when children . alas , these all were the essayes in the infancy of our liberty , now grown a stripling , god send it to be a man ! yet they differ rather in sound than in sense , variously expressing the same matter . so many men , and but one minde , is admirable ; prompted certainly by the spirit of unity inditing them . factious petitions , gave the beginning , and loyal declarations must give the end to our miseries . but here is the difference , the first were made by the scum , these by the cream of the nation . aeneas did beg the boon of the sybil , that she would not write her oracles ( according to her usual course ) in leaves of trees blown away with every wind . these declarations formerly were printed in leaves or single papers , which are soon lost , not to say , the best of papers so printed , are oft consigned to the worst of uses . this is a way to preserve , and to propagate them . i remember the verse of the poet , singula cum valeant sunt meliora simul , take each of them asunder , good as either , then needs they must be best , all put together . what ( as single stars ) was good , must be best in a constellation . god happily perfect what is so hopefully begun by your honour , though my voice is too weak to be the eccho to the sound of the whole nation : your honours most humble servant , john williams . an express from the knights and gentlemen of cheshire , now engaged with sir george booth : to the city and citizens of london , and all other free-men of england . worthy citizens , and all other our english free-men and brethren , as we are english-men we are all incorporated into one body , and though distinct and different families , fortunes , and qualities , yet fellow members and coheirs of one and the same birth-right ; not onely by nature , as we are the sons of men ( nature obliging all in one common and equal bond of freedom and unity , ) but by certain sacred laws and customs of peculiar and inherent right to this nation ; general , equal , and impartial to all , without respect of persons , rank , quality , or degree , derived through all successions of ages , by the blood , justice , and prudence of our fore-fathers to us their posterity , as ours , and the right of our children after us , not dis-inheritable : though this age were wholly made up of apostates and traytors to common justice and freedom , and should make sale of , and deliver up their children as slaves and vassals , yet english right abideth , to wit , our just laws and liberties , and may justly be re-inforced as opportunity may present ; sometimes they sleep , but never die , their total extinguishment is not to be imagined , so long as any englishman , or english blood abideth : and whoever undertaketh ( though by arms or otherwise ) their recovery and redemption is justified in that very action by the laws of god , of nations , nature , reason , and by the laws of the land ; and within the bowels of our nation amongst our selves no war can be justified , but upon that score , the contrary is sedition , murde● treason , tyranny and what not , and the instruments thereof no other in the eye of english freedom and right , but as bears , wolves , and other beasts of prey . now right worthy and noble citizens , and all other our english brethren , let us consider and lay to heart the sad and deplorable condition of our native countrey : oppression , injustice , and tyranny reigneth ; division , discord , and distimulation fomented and fostered ; trade and industry discouraged , our land rent into parties and factions , and the common band of unity cancell'd , our fundamental laws supplanted , high courts of justice introduced , the blood of war sh●d in times of peace ; arbitrary and illegal imprisonments , patents , monopolies , excise , and other payments brought upon us , and continued contrary to magna charta , and the petition of right ; no form or face of government of english constitution amongst us ; the name and athority of the people in parliament usurped and abused , and the stamp thereof put upon strange and prodigious actions , vexing and oppressing the people with dayly changes and alterations in government , as the interest of some few ambitious grandees alter and change , or get advantages one of another , and all under the name of a common-wealth , when as the nature is not practised or intended at all , it being utterly inconsistent with their very temper and interest ; they are wrapt up and compounded of nothing but guilt-blood , and tyranny ; and equal and common justice ( the essence of a common-wealth ) are utterly repugnant thereto ; and whatsoever they can do must be planted and maintained by sword and violence against the very heart and sence of the nation ; and they know not where or how to centre an oligarchy , or something they would have to be masters of the people , and perpetuate their power and tyranny , and therefore would amaze and confound us with their new debares of a coordinate power , or senate for life , such as our english , laws and liberties know not of , and of pernicious consequence to this nation ; so that from these men that thus handle the stern at westminster , there is no expectation of any just settlement of peace , or freedom from oppression ; especially considering the apostacy , hypocracy , deceipt , and perjury of those men , their manifold solemn engagements , oaths , vows , protestations , appeals unto heaven ; promises , remonstrances , declarations , all by them broken again and again , never keeping faith , truce , or oath , being unbounded , unlimited , certain to nothing , not to be held either by the law of god or man , of conscience or reason ; and from such persons in government , good lord deliver us , and all the good people of england ; and that all this is true of them , your consciences ( noble citizens , and all other the free-people of england ) can witness , there is no tongue , no pen is able to vindicate them in this point ; it is known of all , owned by all , and can be denied by none ; how then can any honest or just man shed any blood in their quarrel , or lend them assistance ? surely that blood will be required at their hands , and we doubt not but you will be carefull what you do . and therefore from those considerations and just provocations , that we have taken up arms in pursuance of , and inquisition after our government , laws , and liberties , that every english-man may be protected and secured in his religion , liberty , and property ; and though it may be suggested , that we intend to introduce prosecution for conscience into the land again , we do hereby ( in the presence of almighty god ) protest and declare against all coercive power in matters of religion , and that to the utmost of our strength ( through gods assistance ) we will endeavour , to the hazzard of our blood and fortunes , the freedom and protection of all vertuous and religious people , by what name soever differenced from us , equal with our selves : and that no forreign , or other authority , save only the civil be exercised in england : that the practise of the law be reformed ; all corrupt statutes repealed ; annual elections of all officers and magistrates , with the constant succession of parliaments restored ; our fundamental laws cleared and asserted ; and whatever is contrary there to be abolished : that no trials be admitted in england for life , limb , liberty or estate , but by the good old way of juries ; and that they be restored to their original power and purity : that all extrajudicial and illegal proceedings by high-courts of justice , or otherwise , with all illegal and arbitrary committees , be strictly provided against : that the excise , and all other payments and taxes , ( such as our ancestors never knew of ) together with all monopolies and patents destructive to trade and the common good of the nation be also abolished ; and , that our parliaments and magistrates be secured from all force and violence ; and utterly cleared from all boundlesse prerogative , and unlimited priviledge : that the right of the poor in the commons of england , all donations for charitable uses , and all lands formerly belonging to the people , be restor'd again : and that mercy and justice be truly established amongst us . and for these ends , and what else may be of publick good to the nation , we do desire , and indeed challenge , as of english right , the speedy election of a new free parliament . and thus , most noble citizens , brethren and fellow freemen of england , we have dealt truly and plainly with you , and given you the real grounds and reasons of our taking up arms ; looking upon you as the most concern'd in the nation , and therefore hold our selves the more obliged to give you this early advice of our candid and just intentions in this undertaking , that you may not be deluded or frighted ( though falsly ) into any strange opinion of us , either through your own mistake , or by the pollicy of those men who will leave no means unattempted to render us as publick enemies , rebels and traitors , plunderers , tyrants and persecutors , or whatever is odious and monstrous , to engage you in blood . believe us , right worthy citizens , and free-born english brethren , we have no design of fire or sword , or of evil toward you or your city , or any part of the nation , or any person in it : we know there are thousands amongst you that are satisfied in us ; it may be indeed that many or most of the gathered separate churches may be fearfull and jealous of us , and so may be induced to arms against us ; but we do again and again protest before almighty god , and the whole world , that we have no other purpose towards them , but that they with us , and we with them , may be bound up as friends and brethren in the common cause of our countrey , that every english-man may have english freedom and right ; and we do not desire to wrong man , woman , or childe the worth of a shoo-latchet : therefore we hope you will first well advise before you proceed in a new war , lest you bring not only your own , but others blood on your heads , ( for we are resolved to presecute this to the last drop of our blood . ) the case of england is laid before you , our laws and liberties , they are yours as well as ours , and for which we have all engaged in the first war , and not to be so slightly valued as to be set at stake against the private ends of some ambitious and corrupt persons : salus populi , suprema lex ; let the people live , and their enemies perish . therefore we beseech you , we conjure you as english men , to stand by your native countrey , and your countrey's cause : our voice is , and it is no other than the consent and voice of the people , a new free parliament , a new free parliament ; it is the english man's main birth-right , which we are resolved to put the people in possession of , or to perish with our swords in our hands . but if you will not joyn , but degenerate , we hope notwithstanding ( by gods blessing ) to carry on this work : yet to that just and glorious work we may challenge your concurrence , it being your duty as well as ours to endeavour the procurement thereof ? and therefore to you make it our proposal , to your militia , to the army , and the whole people , for the prevention of a new war , and the effusion of english blood , that you would be instrumental with us for the speedy election of a new free parliament , for the ends aforesaid ; and in the interim all hostility to be forborn ; and that a day may be appointed , and the people suffered to go to their free elections , and we shall quietly submit to their authority ; heartily desiring , that all revenge , division , rancor , and animosity of spirit may be for ever buried in one general act of oblivion ; and that all parties , sects , and sorts , ( now jarring and making up interests one against another ) may reconcile , cement , and concenter in the common brotherhood of english freedom and right ; in , and for which we are . sir george booth to a friend of his in london . sir , my last to you of the second instant , i understand you have committed to open view , the publication whereof was of general satisfaction to your friends here , and for which we all hold our selves obliged . i have sent you here inclosed an express from the knights and gentlemen engaged with me , and beg this further addition to your former many favours , that you would please to take the care upon you , to get the same printed and published , for the undeceiving of those amongst you , and all other that are yet doubtfull or unsatisfied in us . the messenger will inform you of the present state and condition of affairs with us , to whom i refer you . in haste i rest , sir , your most affectionate friend and servant , george booth . manchester aug. . . alleyn mayor . at a common-council holden in the guildhall , london , on tuesday the . of december , . this court having taken notice of divers affronts put upon the right honorable thomas alleyn , the present lord mayor of this city , with many false and scandalous aspersions cast upon his lordship , and the committee appointed by this court to confer with the lord fleetwood touching the peace and safety of this city : as if they had deserted their trust , or betrayed the rights and liberties of this city . and in particular , that the said committee seemed satisfied with the limitations of parliament , called the seven principles , or unalterable fundamentals , printed in a late scandalous pamphlet stiled , the publick intelligencer . the said committee here openly declaring ; that they never heard the said principles , or had them any way communicated to them , much lesse ever consented to the same , or any of them . this court being deeply sensible of these great indignities , doth declare , that the said lord mayor is so far from deserving any of the said affronts or aspersions , that he hath highly merited the great honour and esteem of this court and the whole city , having in all things demeaned himself with much prudence and faithfull integrity to this city and court , which doth therefore return his lordship their most hearty thanks . and that the said committee in all their transactions , touching the peace and safety of this city , have also discreetly and faithfully discharged their trust , to their own trouble , and great satisfaction of this court . and whereas this court and city hath been lately represented by some , as having deserted their first cause and declarations in the use of all lawfull means for the maintenance of the true reformed protestant religion according to the scriptures ; the support and maintenance of a settled lawfull magistracy , a learned pious ministery , and publick universities , with the ancient fundamental laws of the nation , just rights , properties and liberties of all persons : and for these ends will endeavour , all they lawfully may , the speedy convening of a free parliament to sit and act without interruption or molestation , by any persons whatsoever . sadler . to the right honorable , our worthy and grave senators , the lord mayor , aldermen , and comonalty of the city of london , in common council assembled . the humble petition and address of divers young men , on the behalf of themselves and the apprentices in and about this honorable city . most humbly sheweth , it hath pleased the good and only wise god , for our and the nations crying sins , to manifest his displeasure for many years together against these our flourishing , now sadly divided , distracted and almost ruined nations : and yet blessed be god , this honorable city hitherto hath been no proportionable sharer in the calamities which our brethren in other parts of these now miserable nations have suffered , which are now aggravated by our divisions , and such a general decay of trading , as doth exceed the worst of former times ; all which we look upon as a most sad presage of some art , and dismal judgement very near at hand , if not our sudden ruine ; together with the destruction and utter dissolation both of church and state , which will inevitably ensue as a just reward upon our multiplied provocations , under the most signal manifestations of gods most gracious presence , and the most engaging mercies that ever people did enjoy ( unlesse it please our most gracious god whose name hath been exceedingly dishonored , by the violation of many sacred and solemn oaths ) amongst us to work our deliverance out of this contexture of dangerous mischiefs , into which we have already wound our selvs : or which as the innundations of mighty waters may suddenly break in upon us : and being sadly sensible of the calamities under which the three nations groan , for want of a well-ordered and established government . we being members in the same pollitical body , cannot but sympathize with the rest of our brethren : and forasmuch as our endeavours may contribute very much thereto , and the well or ill management of your talents in the discharge of your trusts may now make these nations happy , or else make them irrecoverably miserable . we hold our selves obliged in conscience to god and our countrey , both by the laws of god and the land , in the behalf of our selves , and all good and peaceable people in the land , and the many thousands that know not their right hand from their left ; and in the behalf of the children unborn , who in time to come may have cause to blesse or curse the day of their birth for your sakes , do make this humble addresse to you , as the only means under god now left us to redresse these growing mischiefs which make us and the three nations in these times of our great trouble cry unto you ( as those of macedonia did in the apostles vision ) come and help us . and we beseech you , our most grave and worthy senators , as you tender the welfare of these bleeding nations , to stand in the wide gap of our breaches , with your prayers , improving your councils , and every talent ( which god hath reposed in you ) for the honour of god , and the peace of his church , by a reall reformation , and we question not but our most gracious god will then break through the thick clouds of these black and dark providences , and return unto us our judges as at the first , and our counselors as at the beginning , with the abundance of the blessings of peace , that judgement may run down our streets , and righteousness as a mighty stream . and we humbly desire the two great pillars of the land , magistracy and ministry may be asserted and encouraged : in order unto which , we humbly present unto your grave and serious consideracions . first , the priviledges of the gospel which we do enjoy at this day , in the faithfull preaching and dispensing of gods holy word and sacraments , together with the labours of so many of his faithfull servants in the ministry , and the liberty of these sacred ordinances , being the best and choicest of our national blessings ; in respect of which , we may well say ( with holy david ) god hath not dealt so with any nation : which with thankfulnesse we desire to ackowledge as a great mercy to this land : and should the lord remove this candlestick out of its place , as we have just cause to fear he will , unlesse we do repent ) then may we indeed complain with phineas his wife , the glory is departed from our israel , and a dark and dismal night of black and gloomy ignorance , error and prophanenesse will envelope our valley of vision . and to the end that this choice blessing ( which we account more precious than our lives ) may be conveyed to posterity , we most humbly desire the ministry may be countenanced and encouraged , the universities upheld and maintained , which have nursed many famous preachers for piety and learning in this and former ages , and your authority used for the terror of evil doers , but the praise of them that do well . secondly we esteem and assert , as our undoubted birth-right , the freedom and priviledges of our parliaments , as being the great charter of the people of england , which we account equally dear with our lives ; in the enjoyment of which we yet hope , under god , to see a happy and lasting settlement both in church and scate . therefore we most humbly desire , that a new election may be made , or else that those worthy gentlemen chosen to serve as members in the late free parliament , may be restored to their priviledges , and sit without disturbance or force from the army , that they may consider in this evil time , what england , scotland , and ireland ought to do , which ( with submission to your grave judgements ) we humbly conceive to be the most probable means under god to establish the true protestant religion , reform the laws , secure our liberties and preserve our lives and outward concernments , to promote learning end encourage vertue , whereby peace with our neighbour nations may be renewed and established , the army satisfied , their arrears paid , and trading restored . in all which , most grave and worthy senators , your own concernments ( as well as ours ) are so deeply engaged , that we perswade our selves you will be instumental to further our desires , by all peaceable and lawfull means , and we hope it will put an end to our divisions , which ( if god in mercy prevent not ) may soon break out into another civil war , and render us as a prey to a forreign enemy , for a kingdom divided against it self cannot stand . now we leave it unto you our most grave and worthy senators , duly to consider , if you part with these our great national blessings , whether you will not discover a palpable breach of trust , and leave your names for a reproach to the generations following , who will in the ages to come rise up and call you blessed , if you be carefull to preserve them now , and convey them to posterity : and now we beseech the lord to strengthen both your hearts and hands , and give you wisdom from on high to direct you in all your consultations , as may be most for the honour of god , the peace of his church throughout the world , and the settlement , safety and happinesse of these poor nations : and by his assistance we resolve to stand by you and with you , to the utmost hazzard of our lives and all that is deare unto us , to promote the same . munday . december . this day the lord mayor , aldermen , and common council being assembled , the fore-recited pitition was presented by several young-men and apprentices , in behalfe of themselves and several thousands which have subscribed the same ; the which being received , was ordered to be read , and thereupon a committee chosen to consider thereof , and to give their speedy report unto the next court concerning the same . at the same court it was likewise ordered , that the lord general fleetwood should be desired to draw off the soldiers , unto their several quarters ; it being then also ordered , that every common council man in his several precinct , should give notice to the house-keepers within the same , that they should keep their servants and apprentices at home , thereby to preserve the peace of the city . to his excellency the lord general monck . the vnanimous representation of the apprentices and young-men inhabiting in the city of london . humbly sheweth , that the glory of our nation , and the greatest comfort of our lives in our civil interests , consists in the priviledges and liberties to which we were born , and which are the undoubted inheritance of all the free people of england , among which the grand and essential priviledges which discriminates free-men from slaves , is the interest which every man hath in the legislative power of the nation , by their representatives assembled in parliament : without which , however we may flatter our selves , or be flatter'd by others , we are truly no better than vassals govern'd by the will and pleasure of those who have no relation to us , or our common interest . now how much this dear priviledge of the people hath been assaulted by the open violence of some , and secret artifice of others , and to what a deplorable condition we are brought at this present period , when heavy taxes are imposing upon mens estates , and new laws upon our persons , without any consent of the people had in a free parliament , and how generally , through the said distractions in government , trading is decayed , and how much we are likely to suffer thereby in our times and places , we cannot but remonstrate to your excellency , constrain'd through the sense of our present sufferings , and apprehensions of greater , to implore your assistance , most humbly beseeching your excellency , by that ancient love you have born to your native countrey , zeal to our liberties , by that great renown you have lately gain'd in opposing the cruel raging of the sword , by the common cries of the people , and by the hopes and cheerful expectation of all england now fix'd upon you ; and lastly , by your own personal concern in the same common cause as a free-born english man , that you would be pleased to use those great advantages divine providence hath now put into your hands , to the securing your native countrey from those dangerous usurpations , and preserving us in those liberties to which we were born . that no tax may be imposed , nor new law made , nor old abolisht , but with the consents of the people had by their representatives in parliament , freely to be chosen without terror or limitations , and freely to sit without any oath or engagement previous to their entrance , without which special liberties the parliament cannot in any construction be esteemed the free assembly of the people ; and by your excellency's asserting of those our undoubted rights in your present advantages , you will certainly , by the blessing of god , and unanimous concurrence of the people , accomplish our ends , and will thereby gain the hearts and hands of the whole nation , and the city in particular , and purchase to your self a name that shall make every true english man call you blessed , and posterity shall hereafter delight to recount the famous acts of their worthy patriot . this was delivered to his excellency at s. albans , on thursday febr. . . by persons elected for that purpose , and had a very cheerfull reception . the declaration of the nobility , gentry , ministry , and commonalty of the county of kent . together with the city and county of canterbury , the city of rochester , and the ports within the said county . having with sadnesse weighed the multiplied calamities wherein we are at present involved , how friendlesse we are abroad , and how divided at home ; the loud and heart-piercing cries of the poor , and the disability of the better sort to relieve them ; the total decay and subversion of trade , together with the forfeiture and losse of the honour and reputation of the nation ( what is more dear to us than all these ) the apparent hazzard of the gospel , through the prodigious growth of blasphemies , heresies and schism , all which own their birth to the instability of our governors , and the unsettlement of our government . lastly , how in all these an universal ruine threatneth us , and will ( if not timely prevented ) doubtlesse overwhelm us . we thought it our bounden duties , both as christians , out of tendernesse to our religion ; as english men , to our countrey ; and as friends , to our selves and our relations , to represent and publish to the world our just griefs for , and our lively resentments of this our deplorable condition , and to seek all lawfull and probable means to remedy and redresse the same . wherefore having the leading examples of the renowned cities of london and exeter , together with the counties of the west , before our eyes ; and the clamors and out-cries of the people always in our ears , ( whereof the one encourageth , and the other enforceth us to this our declaration ) we thought that we would not be silent at such a time , when our silence would speak us to be assentors to our own ruine , or abettors of such proceedings as have neither law nor equity to support them . we therefore the nobility , gentry , ministry , and commonalty of the county of kent , together with the city and county of canterbury , the city of rochester , and the ports within the said county , do by these presents unanimously declare , that our desires are for a full and free parliament , as the only probable means , under god , to lead us out of this maze and labyrinth of confusions in which we are at present engag'd ; that is , that the old secluded members , so many of them as are surviving , may be re-admitted into the house , and that there may be a free election of others to supply the places of those who are dead , without any oath or engagement previous to their entrance ; these we shall own as the true representatives of the people ; these we shall with our lives and fortunes , to the uttermost of our power , assist , and with all cheerfulnesse submit to , and acquiesce in whatsoever they shall enact or ordain . thus concluding , that all publick spirited men , and good patriots , will with all readinesse joyn and concur with us in a matter of so universal concernment , and that we shall finde opposition from none , but such as prefer their own private interests , and temporal respects , to their religion , and laws of the land ; we shall as bodily subscribe our names , as we do heartily declare our desires . advertisement . the forward zeal of some wel-disposed persons , to expresse their cordial and unanimous concurrence with their countrey-men of the several counties and cities of england , having caused a declaration , imperfect in a very weighty and material clause thereof , to be printed and published , in the name of the county of kent , &c. it was thought fit that the genuine and true copy of the said declaration should be set forth , as it was intended to be presented to the speaker , and to the present great arbitrator of the nations peace and happinesse , general monck ; but through the mis-informations of some unquiet spirits , ( who while they may have leave to accuse , will leave no man innocent , nor the state without trouble ) the persons of many gentlemen are secured , and others threatned , by a great force march'd into the countrey , the presentation was necessarily omitted , and the names and subscriptions not exposed to publick view , for reasons very obvious and evident . a narrative of the meeting of some gentlemen , ministers and citizens at the town-hall in canterbury . together with their declaration presented to the mayor at the common burghmoote . understanding that the late procedure of some of the principal gentlemen and citizens , inhabitants of the city of canterbury hath been represented above as a malignant design , tending to tumult and sedition ; we thought fit to publish to the world a brief narrative of the same , together with the declaration it self , that both the one and the other being cleared from the malicious aspersions and calumnies of our adversaries ; the whole nation may judge between them and us , and so give sentence according to the merit of the cause . whereas some peaceable and well-minded gentlemen with some godly and sober ministers , perceiving the people generally bent for a free parliament ( as in the following declaration is expressed ) and hearing that the cities of london and exeter had lately declared for the same , thought it neither unmeet to follow so leading presidents , not unseasonable to joyn their votes with the general desires of the whole nation ; to which end it was resolved to present this following draught to the common burghmoote , and to desire their concurrence therein . thus in an orderly manner , without tumult or noise , without arms in their hands or thoughts , or without anger or threats in their looks ; divers gentlemen , ministers and citizens went to the town-hall on jan. . the mayor , aldermen and common councel then sitting , and presented the declaration at the door , desiring that after a serious perusal thereof , they would be pleased to joyn with them , in a business which they judged agreeable , not only to the sense of that court , but also of the whole county and nation : but when it was mentioned to be put to the vote , whether the paper should be read or not ; some of the bench protested against it , although they knew nothing of its contents ; and in conclusion ( having a long time rather wrangled than debated ) the dissenters ( being but seven of twenty four ) quitted the court , not leaving enough to make a burghmoote quorum ; whereupon , the gentlemen ( who though rudely treated , had quietly attended ) withdrew re infecta , and returned home with as little tumult as at first they came : thus was there nothing done to surprise or disturb the court , nothing to raise a tumult , nothing to cause a second kentish insurrection , as our adversaries give it out : no , the design was not arms , but peace ; not tumult , but settlement ; not to surprize and disturb the court , but to desire an amiable correspondence with the same , to the end that the intended declaration might be made the more authentick by the formal intervention and assent in open court , of the magistracy of so considerable a corporation ; and that the declarers themselves might not be thought to tread in any oblique paths , or to proceed in a clandestine manner : but being disappointed ( as you see ) , herein , it was thought fit to strengthen and confirm our declaration , and to make good the title it bears , by private subscriptions , as well through the whole county as this city ; wherein we had , in three dayes time , proceeded so far , that many thousands were then collected ; whereupon , some gentlemen ( from the slie insinuations and false representations of our aversaries ) were secured in several prisons , to the discouragement of well-begun , and well-meant undertaking ; neither can the gentlemen understand wherein they have offended , or how they should merit imprisonment , since there was no order , nor prohibition to the contrary : although they conceive , that had they proceeded therein , they had not trangressed any known laws of the land ; it being the subjects birth-right modestly to represent their grievances by way of petition , remonstrance or declaration . wherefore lest ( through our silence , and the present suppression of our declaration ) the aspersions of our adversaries might be thought deservedly cast upon us ; we thought fit to publish the same , together with this narrative , deeming that as we have done nothing herein worthy the present severity , so the impartial reader will in his private judgement , absolve us from all guilt or demerit . neither shall we answer our adversaries by way of recrimination , nor ( although we can by undoubted testimonies sufficiently prove it ) say , that the same men who now appear so zealous assertors of the parliaments interests and proceedings , did as eagerly joyn with the army , crying them up as much , with whom they would live and dye , as they decryed this present power in their late interruption , as not consisting with the interest of the nation . no , though this might serve to invalidate their testimony , we shall enlarge no further , but refer to the declaration it self . to the right honourable will lenthal speaker to the parliament . by him to be communicated to the members sitting at westminster . whereas we the gentlemen and freeholders of this county of berks , were generally met together at abingdon , upon some intimation of an election of a knight of the shire , in pursuance of your order , for the filling up of this parliament ; and that some solicitations were used throughout the county for voyces , and being jealous to be surprised therein by any clandestine carriage of the writ : and whereas at this meeting it was further taken into consideration , that this county have with the rest of this nation been deeply sensible of many insupportable grievances and oppressions of late dayes , occasioned through the want of a real , setled , and regular government ; and in particular , that the commissioners for the militia having formerly charged the country to provide arms , which was done accordingly , the said commissiooners do yet direct their warrants for the bringing in of twenty shillings for every foot arms ; which we are very confident is besides the intent of the act which impowers them , and are ignorant otherwise by what authority they proceed therein ; that therefore having seriously consulted the remedies which might be proper for these and the like inconveniences for the future , and by gods blessing reduce us unto a firm , free , and legal settlement of our rights , civil and religious : wee conceived it to be our duty towards god and our country , without any private ends whatsoever , to declare our selves in this sense , that we take it the most satisfactory expedient for it , will be the recalling of all those members that were secluded in . and that before the first force upon the parliament . and , that in the elections which shall bee of any other members in the vacant places , such due course may be taken , as that the country may not any way be surprised , or over-awed therein : and that the secluded members may be admitted to sit without any oath or engagement to restrain their freedome in the least ; wherein we shall be ready to defend you and them with whatsoever is dearest unto us , against all opposition : and pray unto almighty god for his assistance to the happy accomplishment of what may best conduce to the peace and safety of this nation . [ this is subscribed by most of the chief gentlemen and freeholders of the county of berks. ] a concurrent declaration of the inhabitants of the city and liberties of westminster : with the declaration of the people of england for a free parliament . whereas by a wonderful revolution of the divine providence , those members of the long parliament which were strangely brought in by the army ( may the . . ) and as strangely outed by them ( octob. the . . ) are now strangely returned to sit in the house as before , we judge it our concernment to call to minde the act by them made and published , immediately before their forcible interruption , intituled , an act against raising of money upon the people out their consent in parliament : which act of theirs proceeds in these words , and be it further enacted , that no person or persons shall after the . of october , . assess , levy , collect , gather or receive any custome , imposts , excise , assesment , contribution , tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have been done before the . of november , . and be it further enacted and declared , that every person offending against this act shall be , and is hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . hereupon we judged it meet and equitable to make this following declaration . we do therefore declare that we do freely , cordially , and unanimously assent to the equity of this act , as consonant to the fundamental laws of our nation , the benefit whereof we doubt not but we may justly claim , as our birth-priviledge in all such cases and concernments . and accordingly we do declare that we are ready and willing , as soon as an opportunity is given us , to make choice of such persons as may declare our consent in parliament , for the raising of such sums of money , as by them shall be thought necessary to defray the publick charges , and manage the publick concerns of the nation , seeing most of those persons that were formerly chosen by us for this purpose , are either taken away by death , or by seclusion debarred from sitting in the house . and we do hereby declare further , that we neither do , nor shall ever give our consent , that any assesment should be made , or imposition laid upon us by any person or persons whatsoever , until our consent be so declared by persons thus chosen and intrusted by us for this end and purpose . and therefore if any person or persons whatsoever shall contrary to the forementioned act , and the fundamental laws of this nation , lay any assesment or imposition upon us before our consent is thus declared , under what pretence or colour soever of authority or necessity it shall be done , we do hereby declare to the world , that we are under manifest constraint and force , and our goods and estates are violently extorted from us , contrary to law and justice , which injuries we shall no longer bear than an opportunity shall be offered us to right our selves , and repossess those priviledges that pertain to us by the laws of our nation . and hereunto so universal and unanimous is our concurrence , that it would be endless for us to subscribe our names ( which neither this , nor any such papers could contain ) but yet if any doubt or mistrust of the truth of the matter hereby declared should be conceived or pretended by any , and the members of parliament now ( whom we conceive it doth in a special manner concern ) shall desire a visible testimony hereunto , for their further satisfaction and more full assurance of the truth and realty hereof , we shall be ready upon the least intimation thereof by them given us , in the several cities and counties of the land , to own and subscribe to what is hereby declared , and act accordingly . for some proof of the premises , we the inhabitants of the city and liberty of westminster , capable of the choice of two burgesses to serve in parliament , have to this present delaration subscribed our hands , and so much the rather that we might hereby take occasion to signifie to the whole nation our cordial concurrence with the common councel of london , in what was done by that honourable court , in the behalf of the city of london in their declaration of . decemb. for a free parliament . the humble desires of the kinghts , gentlemen , ministers , freeholders and inhabitants of the county and burrough of leicester . delivered to his excellency , the lord general monk , at st. albans the thirtieth of january , . by george fawnt esquire , high sheriffe of the said county , willam boothby , richard orton , and richard halford esquires , entrusted for that purpose by the whole county . we the knights , gentlemen , ministers , free-holders , and inhabitants of the county of leicester , humbly conceiving , that the first force put upon the parliament , hath been an encouragement and occasion to all the rest : and finding that your excellency ( under god ) hath been the principal means , for repairing the last interruption , are the more encouraged to desire your assistance , in the promoting of these our just desires as a visible means of an happy peace and settlement of these nations . and whereas every free-born person of england is supposed to be present in parliament , by the knights and burgesses of the place where he liveth , and thereby is presumed to give his consent in all things that pass in parliament ; there is not ( as we are credibly informed ) one knight for all the counties in wales , nor for divers counties in england , and some of them the greatest in england , as that of yorkshire . we therefore desire , that all vacant places be supplied , whether they became vacant by death , or judgment of parliament : and that those that were secluded by force in the year . may sit again . and that no previous oath or engagement be put upon any , that is chosen by his countrey to sit and vote freely in parliament . that the fundamental laws of england , the priviledges of parliament , the liberties of the people , and the property of goods , may be asserted and defended , according to the first declaration of parliament , when they undertook the war ; and no taxes or free-quarter imposed upon any , without authority of parliament . that the true protestant religion may be professed and defended , all heresies , sects and schisms discountenanced and suppressed ; a lawfull succession of godly and able ministers continued and encouraged ; and the two universities , and all colledges in both of them , preserved and countenanced . that a fitting and speedy course be taken , for the paying and discharging the arrears of such officers and soldiers as submit to authority of parliament , and that they may be speedily reduced to a lesser number , for the easing of the great taxes and burthens of these nations . the humble address , and hearty desires of the gentlemen , ministers , and free-holders of the county of northampton . presented to his excellency the lord general monck , at his arrival at northampton , january . . we the gentlemen , ministers , and free-holders of the county of northampton , humbly conceiving , that the first force put upon the parliament hath been an encouragement to open the way to all the rest ; and finding that your excellency under god hath been the principal means for the repairing of the last interruption , are the more encouraged , and ( having the conveniency of your presence now amongst us ) to desire your assistance in the procuring these our just desires , as the visible means of a happy peace and settlement of these nations . . that whereas every free-born subject of england is supposed to be present in parliament by the knights and burgesses of the place where he liveth , and thereby is presumed to consent to all things that passe in parliament : so it is now , that there is not one knight for all the counties in wales , nor for divers counties in england , and some of them the largest in england , as that of yorkeshire . . that no free-born subject of england may have any taxes levied upon him , without his consent in parliament . . to that end , that all vacant places may be supplied , whether they became vacant by death or seclusion ; and that those that were secluded by force in the year may sit again ; and that no previous oath or engagement may be put upon any that is chosen by his countrey to sit and vote freely in parliament . . that the fundamental lawes of england , the priviledges of parliament , the liberty of the subject , and the property of goods , may be asserted and defended , according to the first declarations of the parliament , when they undertook the war . . that the true protestant religion may be professed and defended , all heresies , sects and schisms discountenanced and suppressed , a lawfull succession of godly and able ministers continued and incouraged , and the two universities , and all colledges in both of them , may be preserved and countenanced . . that all the soldiery that will acquiesce in the judgment of a free and full parliament , in the promoting and setling a happy peace upon those foundations , may have their arrears paid , and as many of them as the parliament shall think necessary , may be continued in the publick service ; and that as many of them as have been purchasers of lands from the parliament , may either enjoy their bargains , or their money paid back with interest , and some considerable advantage over and above , for their satisfactions , as the parliament shall judge expedient for the publick good of the nation . this address was prepared by the gentlemen , &c. abovesaid , to be presented to general monck , at his entrance into northampton . to his excellency the lord general monck . the congratulation and addresse of us the knights , divines , free-holders , and others of the county of bucks. humbly sheweth , that with all possible gratitude we admire the wise and gracious dispensation of things by almighty god , who hath moved your self , and other the worthy officers with you to such just and honorable resolutions , as to put your selves into the breach then , when tyranny , irreligion , and all confusion , like a mighty flood were ready to break in upon us . an occasion in which , whether the noblenesse of the attempts , or the happinesse of the successe were more considerable , after times will take pleasure to discourse : and we at present congratulate these your sentiments of honour and conscience . sir , our credit abroad is impaired , our trade at home is decayed , our fundamental laws are violated , our primitive apostolick religion endangered : the cause of all which we humbly conceive is the force and violence put upon the parliament in the year . and since to obviate all which evils we request the total removal of that force , and that all surviving members so secluded , be restored to the discharge of their trust vacancies be supplied by free elections according to law , that no previous oaths or engagements be put upon any of them that shall be chosen to sit and vote in parliament . sir , this is our desire , and as we observe 't is the voice of the whole people , and that is the voice of god ; we doubt not but that you have been reserved for such a time as this : in pursuance of which we are ready to hazard our lives and estates . a declaration of the city and county of gloucester . being deeply affected , and most sadly sensible of the present miseries , which both our selves and the whole nation lie under : we cannot be altogether silent in the expressions of our griefs , and declaration of our desires and thoughts of the most probable means ( by gods assistance ) to give some remedy to our present sufferings , and prevention of our yet greater calamities , which threaten our speedy ruine : the cause of all proceeding ( as we conceive ) is from that unhappy disorder in that great wheel of government . and that after all our great sufferings and trials , the vast expence of treasure and blood for our rights , liberties , and priviledges of parliament , ( which we take to be the good old cause ) such persons in whom we have already lodged our trusts , and who have sufficiently manifested their endeavours to perform the same , namely , nathaniel stephens , esq sir john seymore , kt. edward steephens , esq john steephens , esq and the right honorable thomas lord fairfax , have been since december . and still are denied the freedom of sitting , and voting in parliament . the restauration of which members we desire with all freedom to their former capacities . and declare we shall not otherwise consent to pay tax , or other impositions , or hold our selves bound by any law to be made , without a restitution of these our representatives , with a supply of all vacancies , by a free election , according to the fundamental laws and constitutions of this nation , it being the undoubted birth-right of all the free-born people of england , that no tax or other imposition be exacted from them , or any new law imposed upon them , but by their consents had by their representatives , in a full and free parliament . and we further declare our hearty desires , for the burying all former animosities and differences , by a full and general act of oblivion and indempnity , with satisfaction to be given to purchasers , under any act of sale ; as by parliament shall be thought fit . and that no officer or soldier , that hath ventured his life for the freedom of his countrey , and shall continue faithfull to those principles , may hereby receive any discouragement . we also declare , that we shall freely and willingly consent , that all such shall receive their arrears , and be continued so long as the parliament shall think fit , in order to the safety and preservation of the nation , and that such liberty be allowed to tender consciences , as is not opposite to the scriptures , or the established laws of this nation . we also declare , that in pursuance of these our just desires , we shall not be wanting to the uttermost of our powers , to engage our selves by all lawful ways and means , with our fellow brethren , in the just vindication of our liberties , and shall neither count our lives or fortunes too dear to hazard for the redemption thereof , and herein we shall not doubt the ready concurrence of all those in the three nations , whose peace , prosperity and safety is equally concerned with ours . this declaration being subscribed by great numbers of considerable persons of that county , was to have been presented to the speaker by some of them ; but considering how sir robert pye , and major finchers handsome behaviour was unhandsomly rewarded with imprisonment , for a particular of the same nature , it was thought more proper to preserve the liberty of personages of so much worth til a better opportunity , and therefore it is thought fit thus to communicate this , for the vindication of this county and satisfaction of the whole nation . the remonstrance of the knights , gentlemen , and freeholders of the county of gloucester . we do claim and avow it to be our undoubted birth-right and liberty , that no new laws , much lesse any new government , can or ought to be imposed upon us ; nor any taxes , contributions , or free-quarter taken of us without the consent of the people of this nation in a free-parliament assembled ; which liberties have been often confirmed to us by the great charter , the petition of right , and many other statutes : and parliaments being the only bulwarks and defence of our liberties , as men and christians ought to be , freely elected , and to sit and vote without interruption or opposition by any persons whatsoever : the priviledges whereof we are all bound to maintain and defend , and to assist and maintain each other in the defence thereof . and therefore we resolve , according to our bounden duty , to joyn with the lord mayor and common-councel of the city of london , and all other counties in england in pursuance thereof . and we do not doubt but all true hearted english men who love their own liberties , and are not willing to be made slaves , or to enslave their brethren , will joyn with us herein . a letter agreed unto and subscribed by the gentlemen , ministers , free-holders and sea-men of the county of suffolk . presented to the right honorable , the lord mayor , aldermen , and common-councel of the city of london , assembled january . . right honorable , please you to accept this paper as a testimony , that we are highly and gratefully sensible of those breathings and essayes towards peace , which your renowned city hath lately declared to the world : as we earnestly wish , that our serious and unanimous concurrence may ripen them to a perfect accomplishment . we are willing to consider it as an omen of mercy , when we observe the nation in general , lifting up its vows to heaven for a free and full parliament ; 't is that alone in its genuine sense which our laws prescribe and present to us , as the great patron and guardian of our persons , liberties , and properties , and whatsoever else is justly precious to us . and if god shall by your hand , lead us to such an obtainment , after-ages shall blesse your memory . 't is superfluous to spread before you , your merchandise decay'd , your trade declin'd , your estates wither'd . are there not many within your walls , or near them , that in your ears deplore such miseries as ehese ? your lordship may believe , that our prayers and persons shall gladly promote all lawfull means for our recovery . and we entreat , that this cheerful suffrage of ours may be annex'd as a label to your honorable intendments . this letter was delivered according to its superscription , by robert broke , philip parker , and thomas bacon , esquires . the declaration of the gentry of the county of norfolk , and of the county and city of norwich . we the gentry of the county of norfolke , and county and city of norwich , being deeply affected with the sense of our sad distractions and divisions , both in church and state , and wearied with the miseries of an unnatural civil war , the too frequent interruptions of government , the imposition of several heavy taxes , and the loud out-cries of multitudes of undone , and almost famished people , occasioned by the general decay of trade , which hath spread it self throughout the whole nation , and these counties in particular ; and having met together , and consulted what may best remedy , and remove our , and the nations present grievances and distractions , do humbly conceive , that the chief expedient will be , the recalling of those members that were secluded in , and sate before the force put upon the parliament , ( we of the county of norfolk ) being by such seclusion , deprived of any person to represent us in parliament ) and also by filling up the vacant places thereof , and all to be admitted without any oath or engagement , previous to their entrance ; which being done , we shall be ready to acquiesce , and submit in all things , to the judgement and authority of parliament , without which authority , the people of england cannot be obliged to pay any taxes . this declaration , subscribed by three hundred gentlemen , was delivered to the honourable will . lenthall , speaker of the parliament , on saturday the . of jan. . by the lord richardson , sir john hobart , and sir horatio tounsend , baronets . a declaration of the gentry of the county of devon , met at the general quarter sessions at exeter , for a free parliament : together with a letter from exeter . to the right honourable william lenthall speaker of the parliament . we the gentry of the county of devon , finding our selves without a regular government , after your last interruption designed a publick meeting , to consult remedies , which we could not so conveniently effect till this week , at our general quarter sessions at exon : where we finde divers of the inhabitants groaning under high oppressions , and a general defect of trade , to the utter ruine of many , and fear of the like to others , which is as visible in the whole county , that occasioned such disorders , that were no small trouble and disturbance to us ; which , by gods blessing upon our endeavours , were soon supprest and quieted , without blood . and though we finde , since our first purposes , an alteration in the state of affairs , by your re-assembling at the helm of government , yet conceive , that we are but in part redrest of our grievances ; and that the chief expedient for it will be the recalling of all those members that were secluded in . and sate before the first force upon the parliament . and also by filling up the vacant places . and all to be admitted , without any oath and engagement , previous to their entrance . for which things , if you please to take a speedy course , we shall defend you against all opposers , and future interrupters , with our lives and fortunes . for the accomplishment whereof , we shall use all lawful means , which we humbly conceive may best conduce to the peace and safety of this nation . exon . of jan. . sir , the inclosed copy of what this grand meeting , to which the most considerable of the gentry have subscribed . mr. bampfield , recorder of exon , is gone this night post to deliver it to the speaker . that the cornish men have done more , is no news . this city in very great numbers , lordly exprest their desires for a free parliament . the apprentices and young men of the city , got the keys of the gates , and keep them lockt , without taking notice of the magistrates , and less of the souldiers . a letter and declaration of the lords , knights , gentlemen , and ministers of the county of york , and of the lord mayor , aldermen and common-councel of the gity of york . presented to general monck feb. . . at his quarters at drapers-hall london , by sir thomas wharton knight , brother to the lord wharton , john dawney , thomas harrison , and john legard esquires . as also a letter , with the said declaration inclosed , delivered by the said gentlemen to the lord mayor directed to him , and to the common-councel of the city of london . to his excellency the lord general monck . my lord , we finde our selves constrained by writing to supply the omission of acquainting your lordship with our thoughts and desires when you passed through our county , which we had then done , if upon so short notice we could have met for a mutual vnderstanding ; your lordship will finde in the inclosed declaration the sum of our apprehensions . we thought it not necessary to multiply particulars , but leave all other things to a duly constituted parliament ; neither have we been sollicitous to multiply subscriptions , trusting more to the weight of the proposals , than to the number of subscribers ; yet we may safely affirm this to be the sense of the generality of the county and city , as your lordship sees it is of others . we have onely to add our earnest desires to your lordship , that you would be pleased to further the accomplishment of what we have represented with such seasonable speed , as that the fear of friends , and the hopes of enemies concerning a dangerous confusion amongst us , may be prevented . your lordships very humble servants , thomas fairfax , faulconberge , bar. bouchier , vicecomes . christopher topham , mayor , &c. the declaration . we being deeply sensible of the grievous pressures under which we lye , and the extream dangers we are exposed to at this time , through the violent alteration of our government , the mutilation and interruption of parliaments : and having no representatives to express or remedy our grievances , have thought it meet ( according to the example of other counties ) to declare and desire , that if the parliament begun november . . be yet continued , the members that were secluded in the year . be forthwith restored to the exercise of their trust , and all vacancies filled up , that right may be done to their persons , to parliaments , and the people that have chosen them . if otherwise , that a parliament may be presently called without imposing of oaths or engagements ( the greatest prejudice to civil or christian liberty ) or requiring any quallifications , save what by law or ordinance of parliament before the force in . are already established . and untill this , or one of these be done , we cannot hold our selves obliged to pay the taxes that are or shall be imposed . we not enjoying the fundamental right of this nation to consent to our own laws by equal representatives . subscribed by esquires thomas lord fairfax , tho. lord viscount fauconberge , barrington bourchier esq . high sheriff , christ . topham , mayor , sir thomas wharton , knight of the bath . sir christ . wivel bar. sir john hotham , bar. sir tho slingsby , bar. sir wil. cholmly , bar. sir fran. boynton , bar. sir roger langly , bar. sir hen. cholmly , kt. sir tho. remington , kt. john dawney , henry fairfax , tho. harrison , john legard , william fairfax , william gee , william osbalston , robert wivel , thomas hutton , gustavus boynton , henry bethel , metcalf robinson , henry stapleton , george marwood , robert redman , william adams , col. lancelot parsons william daulton , james moyser , robert belt , henry marwood , john vavasour , john gibson , john micklethwait , bryan fairfax , bryan layton , thomas lovel , wil. rooksby , capt. nicholas bethel , john jackson , thomas yarborough , walter bethel , john riccard , john adams , richard levie , cregory crake , james driffeild , &c. ministers . mr. edward bowles , mr. nath. jackson , mr. witton , mr. waterhouse , mr. bentley , mr. nasebit , &c. the said declaration was also subscribed by the aldermen and common-councel of the city of york . to the right honourable , the lord mayor and common-councel of the city of london . my lord and gentlemen , having taken notice of some vigorous inclinations of your lordship and the city , towards the asserting your common freedomes as english men , too much of late violated , and being now also our selves constrained , from a like sense , to manifest our resolutions to the same effect , in a declaration sent to general monke , whereof the inclosed is a copy ; we have thought good to give your lordship an account of our intentions , as that to which we are most firmly resolved to adhere , wishing it may effect the end by our selves , and ( as we are perswaded ) by your lordship , and all good people of that city intended . we remain , york feb. . . your lordship 's very humble servants , thomas fairfax faulconberge , bar. bouchier , vicecomes . christopher topham , mayor , &c. which letter , with the declaration therein inclosed , was also the same day delivered by sir thomas wharton , and the rest of the said gentlemen , to the lord mayor of london , desiring it might be communicated to the common-councel , according as by the letter it was desired . the same day also a particular letter was presented to the lord general monke from the lord fairfax , dated feb. . in confirmation of the said declaration , which was delivered by mr. bryan fairfax , who was sent up on purpose with the said letter . the declaration of the gentry , ministers , free-holders of the county and city of lincolne . we the gentry , ministers , and free-holders of the county and city of lincolne , being truly sensible of our miseries and grievances , namely the sad consequents of intestine war , the fear of invasion from abroad , at this time of our distractions and divisions both in church and state , the violent alteration of government , the heavy imposition of unheard of taxes ; all which of late years hath ruined our trade , and impoverished the whole nation , and are all occasioned by reason of the many violences and breaches made upon our known established laws and fundamental liberties , do therefore humbly propose and declare ( having first met and consulted , as other countries have done ) that the onely remedy for our said grievances , will be for a free , full parliament , speedily to be called and assembled , to sit according to our said known established laws , wherein the free votes of all free people of this nation might be included , since that such onely have a legal capacity to enact laws and statutes that may equally binde all the free people of this nation ; and therefore if any persons ( how ever impowred ) not having the authority of such a parliament , shall take upon them to lay impositions upon the free people of this commonwealth , or to prescribe or enjoyn any limitations , restrictions , or quallifications whatsoever , not formerly agreed upon in full parliament . we do declare our selves not obliged thereto , as being destructive to the freedome and undoubted priviledges of parliament . a declaration of all the watermen in about the city of london , between gravesend and stanes . or , a hue and cry after col. whitton and his decoys . whereas it hath been seemingly by the insinuatious of some few of us , cast on our whole company , that we would lay our shoulders , and stretch out our helping hands , for the upholding of something , which to our selves is both unknown and uncertain , and may likewise in probability be a cause of disturbance , if not breaking the peace of the nation : we , to manifest our innocency in the one particular , and vindicate our selves from the scandal thereof , as also to shew our real and hearty concordance with all other , noblemen , gentlemen , citizens and others , of the several counties of england , whose declarations are exposed to the publick view , doe cordially , unanimously , and freely declare . that the list annexed of our names to a petition pretended by our consent to be presented to the members sitting at westminster , is not at all by us owned , neither doe we know any other authors or abettors thereof , than some few here under-mentioned our names in truth being gained by colonol whitton , under the pretence to put down hackny coachmen ; but by him converted to another use , and that so contrary to our thoughts and intentions , that we would sooner have quitted our nearest relations , than have consented to such ebulliences . for the undeceiving therefore of the gentry of this nation , to whom many , yea , most of us are obliged , and consequently not unknown ; for the rectifying the judgments of such as know us not , and for the satisfaction of the whole free-born subjects of england who with us claim a birth-right in magna charta , and the petition of right , we doe further , with one consent , declare . that we conceive it fitting , for the redressing the grievous wants and pressures that lie upon all the good people of this nation , that according to fundamental right , the people in parliament may have their representatives , who may receive their grievances , and present them in their behalf , whereby to obtain a remedy . and because faction and schism hath already too great a root , that honest and prudential men may be elected , whose estates ( as to temporals ) and religion ( as to spirituals ) may oblige them sincerely to endeavour a settlement both in church and state . the onely meanes for attaining of which ends , we conceive by the blessing of god , to be a full and free parliament , which as we know the nation groans for , so we cordially desire , and we shall not acquiesce , till we have regained that our undoubted right , hitherto unquestioned priviledge , and never to be denied lawful demand . in the defence whereof we shall account nothing too dear to lose , being ready to quit not onely our employments , but to lay aside our relations , and lay our lives at stake . this representation is owned by ten thousand of us ( which if desired ) shall be acknowledged both with our hands and hearts , against all the malicious underminings of col. whitton the painter , and his decoys : who upon the tendring that forged petition to the watermens hall , being conscious that the rankness of the trepan would be presently sented , addrest themselves to mr. pryn , to en their protest against it , their names are hereunto annexed . viz. wil. lemond . josias smith . wil. crop. wil. goodale . thomas slator . tho. wasborn . john howard . wil. bugby . robert crop. tho. vincent . john foster . john lee . wil. sound . jacob meade . wil. clerk . martin craul . roger phillips . fran. borrick . richard thusee . wil. butler . the remonstrance of the noblemen , knights , gentlemen , clergy-men , free-holders , citizens , burgesses , & commons of the late eastern , southern , & western associations , who desire to shew themselves faithful and constant to the good old cause , the priviledges and freedom of parliament , the liberty and property of the subjects , laws of the land , and true reformed religion , which they were formerly called forth and engaged to defend by declarations of parliament , the protestation , and solemn national league and covenant . we the noblemen , knights , gentlemen , clergy-men , freeholders , citizens , burgesses and commons of the late eastern , southern , and western associations of england , whose names are hereunto subscribed , having for a long season with bleeding hearts , perplexed spirits , weeping eyes , and over-much patience and silence , beheld the miserable publick distractions , intollerable oppressions , various revolutions , great tumults , and destructive confusions , wherewith our former most glorious , flourishing churches and nations ( for want of a setled government , and free parliament ) have many years by-past been violently rent in pieces , wasted , consumed , made the very hissing , scorn , laughing-stock of all neighbour countries , whether friends or foes , christians or infidels ; and thereby exposed to the justly dreaded hostile invasions of combined forraign romish adversaries , whose emissaries have been very active , instrumental in our late combustions and changes ; being now deeply sensible of the deplorable , desperate condition and imminent ruine , not onely of our own persons , families , posterities , but of our dearest , exhausted , enthralled , dying native country , and protestant religion too , far dearer to us than our lives or private interests , the preservation whereof is the supreamest law ; and calling to our minds the first publick ends and causes for which we took up arms ( since totally perverted , subverted , oppugned by ambitious , self-advancing commanders , officers of the army , and others contrary to their trusts and commissions ) with the manifold oaths , protestations , vowes , solemn league and covenant , and other sacred as well as civil obligations lying upon our consciences , engaging us all in our several places and callings in this day of englands trouble , and extream danger , to put our helping hands and best advice to obviate those perils , and remove those disorders , grievances , confusions , which menace utter desolation both to her and us , if we should any longer fit stupidly silent , or unactive in our spheres , like persons altogether uninterested or unconcerned in these perillous times of unprefidented exorbitancies , usurpations , tyrannies over our persns , estates , lawes , liberties , and parliaments themselves , by ambitious , turbulent self-seekers and incendiaries , and of universal decay of trade by sea and land ; have thereupon conceived it our necessary bounden duties in this sad posture of our sacred and civil concernments both as christians and english freemen , by this our joynt remonstrance to tender to the rest of our english brethren throughout the whole nation , of what rank , calling , or condition soever ; such just , legal , safe , rational , honest and christian proposals , as through gods blessing upon our and their unanimous , vigorous prosecution of them against all self-ended opponents , may redeem us from our present bondage , dangers , schisms , confusions , frequent rotations of publick government , and restore our tottering church , state , kingdoms , religion , to their pristine unity , tranquillity , purity , stability , dignity , felicity , and secure them against all future concussions and convulsions . for which end we all passionately desire , and shall unanimously and cordially endeavour by all lawful meanes within our orbs , . that a legal , full and free parliament of england may be speedily summoned , according to the prescription of caroli , c. . enacted for this purpose , not hitherto put in execution ; and that free elections of able knights , citizens and burgesses , by and of all well-affected persons to peace , and the old parliaments good cause , to represent them therein , may be no wayes disturbed , nor restrained by force of armes or otherwise . . that the said parliament may safely , freely meet at westminster on the third monday in january next , to consult of , vote , and settle the peace , government of our distracted churches and nations , without the interruption , disturbance , force or dissolution of any commanders , officers or souldiers of the army , or other tumultuous persons whatsoever , under pain of being declared , prosecuted , executed as traitors and enemies to the publique . . that the full power of the militia both by sea and land be delivered up to this parliament , on the first day of their convention therein , for the better assurance of their free and peaceable session , and not continued as a distinct body or interest in opposition , contradistinction , or super-inspection , but in real subordination to the parliament and people . . that the whole frame and settlement of the government of our nations be entirely referred to the parliaments unanticipated consideration , the proper judges thereof , without any antecedent restrictions , presciptions , or impositions , by the army-officers , or any others . . that the supreme ▪ management of all civil , politique , military affairs , and appointment of all great officers of state , and ministers of justice , shall be in all the surviving members of the long parliament , without secluding any , as in a general council of state and safety only ( who are all desired to meet for that purpose ) till the new free parliament shall assemble , and no longer . . that the preservation of the peace , government of each county , shall be in the hands of such sheriffs , conservators of the peace , and other antient officers , as the free-holders of every county , shall publickly elect in their county-court , according to their antient rights and liberties ; and of every city and corporation in the mayors , sheriffs , bailiffs , and other officers elected by them , according to their charters , customs , and in none other officers imposed on them , till the parliament shall take further order therein . . that no taxes , contributions , excises , imposts , new customs , militiaes , or other payments whatsoevet , shall be henceforth imposed , assessed , levied upon , or paid by the people , but by their common grant and consent in free and full parliament , by act of parl. under pain of high treason in the imposers , assessors , collectors , and voluntary payers thereof ; this being the peoples indubitable birth right , acknowledged , declared , confirmed by manifold acts and declarations old and new . . that such an act of indempnity may be agreed on and assented to in this parliament by common consent , as may secure and indempnifie all persons , whose future peaceable deportment till this act passed shall demerit it . . that care may be therein taken for the speedy satisfaction of all just arrears of all officers and souldiers , duly listed before the . of may last , who shall peaceably and dutifully submit to the free convening and safe sitting of this desired parliament . that all others who shall tumultuously oppose or interrupt the summoning , assembling , or sitting thereof , shall forfeit all their commands , arrears , indempnity , and incur the penalty of traitors and publick enemies to the parliament and nation . . that an effectual course may be taken for the setled old maintenance , succession , protection and encouragement of a godly , learned , painful orthodox preaching ministry ▪ throughout the three nations . . that due care and order may be taken for the speedy detection , banishment , and execution of the lawes against all jesuits , seminary priests , freers , and other romish emissaries , or seducers whatsoever , employed to divide , corrupt , seduce the people ; and the oath of abjuration duly tendered by justices of peace and other officers , to all persons who shall be accused and justly suspected to be such , for their better detection . . that the causes of the great extraordinary decay of all sorts of trade , merchandise , shipping , scarcity of bullion , coin , with all frauds and abuses in manufactures , dilatory vexatious proceedings , extortions in courts of law and equity , may be diligently enquired into , redressed , punished , and the great destruction and waste of timber in all parts inhibited under severe penalties . . that all treasurers , receivers , collectors , farmers of any monies , customes , excises , rents , revenues , taxes , imposts , sequestrations , or other goods , profits whatsoever to the use of the publick , may be speedily called to account in each county , by fitting unaccountable persons appointed for that end , and all their frauds and abuses therein enquired of , and condignly punished . . that all good laws formerly enacted for the preservation and defence of the persons , lives , liberties , properties of the subjects , against illegal imprisonments , banishments , restraints , confinements , corporal punishments , execution by any person or persons , powers , committees , council of state , military , civil officers , or judicatures whatsoever , and against all unjust taxes , confiscations , sequestrations , rapines , plunders , may be ratified ; and the late and future violations of them exemplarily punished . . that every person who shall from henceforth canvas for voices to make himself a knight , citizen , burgess or baron of the ports , in the next , or any ensuing parliament , either by letters of recommendation from great men , feasting the electors before , at , or after elections , gifts , bribes , or otherwise , shall upon due proof thereof , be made uncapable to sit or serve in parliament . . that all members of parliament , officers of state , justices , sheriffs , mayors , recorders , shall henceforth take a corporal oath , to the best of their knowledge , skill , power , inviolably to preserve the fundamental laws , liberties , franchises of the free-men of england , and to give all lawes for the defence of them in charge to the grand jury , in their respective assizes , and general sessions of the peace , that they may enquire and present all offences against , and violations of them , to be condignly punished according to law . . that all unnecessary garrisons , supernumerary souldiers , and sea-men , may be speedily paid off , dismantled , disbanded , and all superfluous officers , excessive fees , and extortions whatsoever , taken away , for the impoverished peoples ease : and the manifold extortions , abuses of gaolers , marshals , messengers , and other detainers of prisoners , punished and redressed . . that able , faithful consciencious , fitting persons , fearing god and hating covetousnesse , may be preferred to all offices , places of publick trust , and administration of justice ; and detur digniori , made the only rule in all elections and preferments whatsoever . . that all universities , colleges , schools of learning in our three nations , with all lands , rents , annuities , gifts , revenues , for their support , may be constantly maintained , preserved from rapine , and all mis-imployments , substractions of them , and of any lands , rents , annuities , monies , gifts , legacies to them , or any other publick or charitable use whatsoever , diligently enquired after and reformed . all which proposals we are resolved by gods gracious assistance with unanimity , constancy , and activity , in our several stations , with our lives and fortunes , to prosecute and accomplish , to our powers , by all just and legal wayes , with what ever else may conduce to the peace , safety , unitie , wealth , prosperity of our lacerated , macerated , naufragated church and state ; wherein as we shall constantly pray for gods divine assistance and blessing upon our weak endeavours , without which they will be altogether succeslesse : so we cannot but confidently expect , and shall importunately desire the cordial concurrence , assistance , prayers of all other noblemen , knights , gentlemen , clergy-men , free-holders , citizens , burgesses , and english freemen , without the smallest opposition , that fo righteousness and peace may kiss each other , and glory once more dwell within our land , wherein they have been strangers over-long : and let all the people ( by their joynt subscriptions ) say , amen , amen , amen . the declaration of the gentlemen , free-holders , and inhabitants of the county of bedford . we the gentlemen , free-holders , and inhabitants of the county of bedford , being truly sensible of the heavy pressures that we lie under , having all our civil and religious rights and liberties daily invaded , cannot in this common day of calamity , be silent , but with the rest of the nation , make some enquiry after the way of peace and settlement : and having met , and considered , thereof , doe humbly propose , as the most probable meanes , under god , to compose all our differences , and cement all our breaches both in church and state , the assembling of a full and free parliament , without any previous oaths , or engagements , or qualifications whatsoever ( saving what was in the year . before the force put upon the parliament . ) or the re-admitting of the secluded members to the execution of their trusts , with a full and free supply of their vacancies by death . and until one of these be done , we do declare , we shall not hold our selves engaged to pay the taxes imposed upon us , without our consents so first had in parliament . the declaration of the gentry , clergy , and commonalty of the county of essex . were it not that our former too unhappy zeal ( in idolizing those persons who are now become , by far more oppressing than the egyptian task-masters ) at this time seconded with silence , would bespeak us stupid and insensible ; we needed not to repeat the sighs and groans of an oppressed and almost ruined kingdome : but lest a tacit silence should render us complaint with their sacrilegious and regicidious proceedings , we are necessitated to declare our present thoughts and future resolutions . we cannot look upon our present rulers without casting an eye upon a militant church , and there we finde them converting a house of prayer into a den of thieves ; an orthodox , learned and reverend clergy , by them reduced to the extremest want , under pretence of propagating the gospel ; and those ( who are yet permitted to exercise their ecclesiastical function ) treatned to be deprived of gods allowance , except in effect , they will forsake him , and fall down to their baal . we cannot look into our cloathing towns , but we behold famine ready to assault them , the poor and diligent labourer , for want of work , not able to buy him bread , so that those , who before wrought with their hands at home , are now forced to wander abroad , and work with their tongues to beg life , whilst we , who although willing , are hardly able ( through the oppression which lyes upon us ) to relieve them : and when we look upon the instruments of these our miesries , and consider their persons and qualifications , we cannot finde one publick spirit ( not one wise man ) among them ; their number is inconsistent with our laws , and a large part of that small number are reputed relatives to gaoles and brothil-houses : persons who outwardly profess god , but in their lives and actions utterly deny him , who through their most perfidious treacheries , and reiterated perjuries , have blasted the honour of our nation , and rendred our religion contemptible to all our enemies ; who ( while they pretend to strive for religion and liberties of the people ) have no other cause but cains , thinking their sins greater than can be forgiven ; and therefore per fas , aut nefas , they endeavour to lay a foundation for their own security , although in the church and kingdomes desolation . these premises considered , we conceive our selves obliged , and therefore readily and unanimously we do declare , that with our lives and fortunes we will protect , abet , and assist all tho e worthy remonstrators of the most renowned city of london , ansd the several counties of this kingdome , in the pursuance of their several declarations for a full and free parliament ; which is the onely means ( under god ) to bring us out of this miserable confusion , in which at present we are plunged . and we further declare , that we will pay no tax , or other imposition whatsoever , but by authority from our representatives in a full and free parliament : into whose hands we shall commit our lives and fortunes , and into whose results we will ever acquiesce . our eyes are up unto our god for help , and thence our hopes are fixed on general monke , that god hath called him forth to be the vmpier and determiner of our divisions and oppressions , by whom he will lead us through the wilderness of our present confusion , and bring us to our desired canaan . in this confidence we pray to god to bless , direct , and keep him . advertisement . this our declaration had came forth a week since , had not the trappanning diligence of an unworthy member of our country endeavoured the surprizal of it and us : let not three hundred and thirty hands ( an inconsiderable number for so great a county ) bespeak this declaration forged , we being forced to do in one day the work we had cut out for seven ; had we had time , we had brought ten thousand hands , such as upon a good occasion , will bring hearts suitable to the merits of their cause . the declaration of the gentry of the county of nottingham . and of the town of nottingham , presented by way of address to his excellency the lord general monck , the . of february , with a letter to his excellency , and another to the speaker of the parliament . what the people of this land have suffered in their greatest concernments , both religious and civil , by the late disorders , and frequent change of government , hath for a long time been the argument of a general and sad complaint both to god and man : what the most publick sense of the nation is , as to the means of setling it in the possession of its antient and native liberties , is sufficiently known by the several declarations of so many counties already presented and published : what god in great mercy hath done by your excellencies means , as his chosen instrument , to revive our dying hopes , in plucking us as a brand out of the fire , and that with so gentle a hand , is the wonder and rejoycing of our souls . in testimony therefore of our thankfulness to god , and our grateful sense of your excellencies most valiant and wise management of the power he hath intrusted you with : as also to evidence as fellow-members our concurrence and sympath , with those other parts of this great body : we the nobility gentry , ministry and commonalty of the county of nottingham , and of the county of the town of nottingham do declare , that as it is our judgement that the nation ought , so it is our earnest desire , and shall be our endeavour by the use of all lawful means that it may be free in its members in parliament , deputed from all parts , impowred by antient and undoubted right to elect , the best expedient whereto , at present , we conceive to be either an admission of the members secluded in . and a filling up of vacancies by new elections , or the speedy calling of another parliament with such qualifications as were then agreed on before there as a force upon the house . we also claim it with the rest of the nation as our uniquestionable right , that nothing be imposed upon us by way of tax , or otherwise , but by our consents first given and declared in a full and free parliament . and now , considering how great things in prosecution of these just ends are already done for us , as we do in most humble manner bless and praise his glorious name that hath thus far answered our desires , so we do most earnestly beseech him to perfect in his due time what is so happily begun , and in order thereto to bless and conduct your excellency through all the remaining difficulties that may obstruct our present necessary settlement upon the true lasting foundation of our known laws and priviledges . in the vindication whereof we beseech your excellency to be confident , not only of our best wishes and thanks , but also of our utmost assistance to the hazard of our lives and fortunes . my lord , this enclosed was intended to be presented to your excellencies before we had notice of your excellencies happy removal of all force , excluding members from sitting in parliament wherein though our desires are thereby granted , yet we cannot but address the same to you , that it may appear what your excellency hath done therein is according to our sense and desire , as well as those of other counties that have gone before us in time , though not in affection , and that we shall in our places and callings be ready to make good what we have publickly declared for , as the parliament and your excellency shall command us , and remain nottingham , feb. . . my lord , your excellencies most humble and faithful servants . mr. speaker , we being desirous amongst other counties to express our thanks to the lord general monke , for his endeavours in our restitution to peace and settlement , and to manifest our adherence to him , and those under his command , in the further prosecution of those good ends mentioned in our address to him , after we had subscribed and ordered these gentlemen to wait upon him with the same , we received the joyful news , that all force was removed , and a free admission given to all members to sit in parliament , whereby our desires are so far accomplished , that we might have acquiessed therein , but only that we would not have our intentions and desires , though obtained , buried in oblivion , we thought fit to present that address to the lord general , and judge it our duties to express our thankfulness to god for your re-admission , and our readiness in our places and callings , to assist you in what you have so happily begun , and humbly desire that by your authority our militia may be so setled that we may be serviceable to your commands , and capacitated to defend our selves against any discontented persons that may upon this change endeavour a disturbance of the publick peace , or deny your authority . nottingham , feb. . . sir , your humble and faithful servants . the declaration of sir charles coot knight and baronet , lord president of the province of connavght : and the rest of the council of officers of the army in ireland . present at dublin concerning the re-admission of the sucluded members . since the authority of parliament became openly violated , and that by their own waged servants of the army in england , by whom . of the members of parliament were torn from the parliament house in dec. . and imprisoned , and a . other members denied entrance into the house , and about fifty more voluntarily withdrew themselves to avoid violence , making in all of secluded members about two hundred and fifty , when the remaining members charged the army with the guilt of that force , and sent to the then general of the army for the restitution of those excluded members which was denied them , how many and manifold have been the miseries and calamities under which these nations have laboured , and do stil labour , is evident to all equal minded men . the godly ministers of the gospel despised : the ministry it self villified : tythes , and other means of their maintenance ( particularly in ireland ) taken from them , and mis-applied ; the protestant religion shaken , and almost overturned ; anabaptists , quakers , and other sectaries set up and countenanced ; heresies and schisms increased ; the fundamental laws of the land trampled upon , and an arbitrary government endeavoured to be introduced ; the civil rights , properties and liberties of the people in their persons and estates broken in pieces ; impositions and taxes on the people without example laid and increased in an excessive manner and measure , whereby thousands of families have been ruined , and enforced to beg their bread ; manufacture at home discouraged , publick trade and commerce abroad interrupted ; the nations become deeply indebted , and generally impoverished ; the reformed protestant churches abroad exposed to great danger , wanting the wonted support of england , which ( under god ) was the bulwark and chief strength of the protestant religion throughout all christendome , and finally the english nation ( which was alwayes deservedly ) in so high honour and estimation at home and abroad , as it was a bridle and terrour to their enemies , and a countenance and support to their friends , and allies , is now become ( we tremble and grieve to have so just cause to speak it ) a scorn and dersion to all nations round about us ; and all this is brought to pass to satisfie the avarice , ambition , lusts , and fears of a few inconsiderable persons of anabaptistical and other fanatique spirits , who have made it their business to occasion still one trouble on the neck of another , so to imbroil and continue the nations in division , war , and bloody confusion , that sober men might not have time or leisure ( with maturity of judgement or counsel ) to look into the inwards of their designs or actings ; and after we had beheld all this with bleeding hearts , and calling to minde that when in december . the said force was put upon the parliament , the then remaining members sent sundry times to the general to know why he imprisoned their members , and desired him to set them at liberty , which was not done ; and we gathering from all this , that if the house were once freed from the force of an army , and they again restored to freedome and liberty of sitting and and acting , they would then upon the firmer grounds ( in conscience of their duties to god and their country , and in testimony of their high resentment of that breach of priviledges of the parliament , have taken into the house those excluded members , and filled vacant places by due and orderly elections of the people ( and after so many years unhappy interruption unite again in a full and free parliament , and there assert the rights and priviledges of parliament , and liberties of the people , which from the very beginning of the war of england have been not the least ground of their contest with the late king , and ever since , and joyn their counsels and endeavours for restoring these nations to peace and tranquillity . and thence it was , that on the . day of december . several officers of the army here , on the behalf of themselves , and those under their commands , by their joynt declaration , declared and published their stedfast resolutions to adhere to the parliament in defence of its priviledges , and the just rights and liberties of the people of these nations as men and christians ; in which declaration afterwards concurred the whole army of ireland , but now finding much contrary to our expectations , that when the members of parliament now assembled at westminster , were in decemb. . ( by an extraordinary providence ) restored to their freedome and liberty of sitting and acting as in parliament ; and that divers of those formerly excluded members of parliament on the . of decem. . ( as they had formerly done in may . ) offered themselves to discharge their trusts for the several counties and places for which they were elected , and formerly served those their fellow-members assembled at westminster , did not onely deny them admittance , but also voted and ordered the utter exclusion of all the excluded members with this further addition , that none of them should be chosen in future elections to sit in this parliament , whereby they have a more unnatural violence taken away from above the one half of the people of england , their representatives in parliament , and limited and abridged in a high degree the liberty and freedome of the people in further elections , which denial and order of theirs in a time when they were under no force , is so much the more strange , in regard that in december . when they were under a force , they transferred that guilt for themselves to the army , and pretended a willingness to re-admit those members if it were in their power , as is formerly mentioned . and whereas lieut. gen. ludlow had placed in ireland several officers who are anabaptists , and persons of the like fanatique spirits , ( many of whom had been very active in the late conspiracies and actings of the factious part of the army in england , even against those members of parliament now sitting at westminster ; of which officers so placed by lieut. gen. ludlow , it was found necessary to purge the army , and to put in their places persons more soberly minded and well affected to the parliament ; yet after all that done , and after lieut. gen. ludlow stood justly deservedly charged with high treason , the said lieut. gen. ludlow himself , and some others of the like principles with him , were by a report from the councel of state proposed to be appointed to governe not onely the army , but also the whole nation of ireland , to the astonishment of the people and army here , to the unsetling of those persons so well deserving , to the hazard of the peace of the nation and army ( and which is above all ) to the endangering even of religion it selfe . and here it is observable , that those members now sitting at westminster , by their declaration of . of january . since their restitution to their present liberty of sitting ) have published that extravagant councels and actions , have engaged the nations in a great debt and charge , which it seems necessitates their laying a new increase of charge on the nations , and yet so indulgent they are to those persons , that in a high degree created that necessity of so unreasonably charging the people , and whose estates might well bear a great part of that burden , as without so much as any suit made to them by those delinquents , they granted them indempnity for their persons and estates , whereby it seems the said members now sitting at westminster , hold it fit , that those who are of sober spirits , and offended not the parliament , should out of their estates pay for those extravagant mens delinquency , rather than the delinquents themselves . and although the said lieut. gen. ludlow , and miles corbet esq . together with col. john jones , and col. mat. tomlinson , stand impeached from hence most justly of high treason , and that charge against them , being known to the house , and there remaing , yet they have admitted two of those persons , namely the said lieut gen. ludlow , and miles corbet actually to sit in the said house . and now the greatness of those miseries which have befaln these three nations in general , by such late actings in england , and those heightned with many aggravations in the circumstances of them ( too many and too long to be repeated ) as it hath begotten in us , and in all good men in the three nations deep impression of astonishment and horror , so it is evident , that if it be any longer continued , it will perpetually nourish dishonour to god , grief to all god men , and ( we doubt and fear ) utter infamy and destruction to the three nations . in contemplation whereof , and considering how god hath in his justice blasted all attempts that since the year . have been made for re-setling of these nations in peace and tranquillity , and that after all the trials and various changes of government which we have in all that time with much long-suffering and patience endured , there is no way visible to us under heaven whence deliverance may be probably wrought or expected , but from the care and wisdome of a free and full parliament in england , which ( by the experience of all former ages hath been found the best and only expedient for providing remedies to be applied to so great and general mischiefs arising in church or state . and considering also that the marks of the true reformed religion according to the word of god , and of the fundamental laws of the land , and of our now dying liberties and freedome , are not yet so utterly razed and defaced , but that some footsteps of them do yet remain , so as ( by the wisdome of a full and free parliament ) they may be again renewed and firmly re-established ; and considering likewise that our hopes of having the said excluded members restored , and of new elections to be made for vacant places , whereby there might be a full and free parliament , as there was on decem. . . and the antient and long contested liberties of the people might be asserted , are much contrary to our expectations , and contrary to the fundamental laws of the land , and indeed contrary to all justice and become frustrated ; and considering further how unjust and unreasonable a thing it is , that of above five hundred members , whereof the commons house of parliament usually consisted , there were but four and forty or thereabouts , when that fatal vote passed for the keeping out the aforesaid excluded members by the prevalency of a major part of the said . persons ( not much exceeding those who voted then on the contrary side ) which assumes to it self the supreme authority , not onely of england , but also of the three nations , without president or example of any former age , there being above two hundred and fifty which stand eleven years excluded , without so much as the least offer of an impeachment against them in all that time ; which unexampled and unparallel'd assumption in those men is not possible to continue but by the force of an army poisoned with anabaptistical and corrupted principles , to the continual grief and unsupportable burden and charge of the three nations . and besides that act of the aforesaid persons chasing away ( for so it now appears ) about two hundred and fifty members , of above five hundred chosen by all the several parts of england , according to the known laws of the land , to represent the whole nation in parliament ; and after the forcible exclusion of so many , that the four and forty persons remaining ( amongst whom we believe there are some worthy patriots who are not so fully concurring in the actings of the rest of their number , as violently over-voted them , which is a further aggravation of the others guilt ) should dare to usurp to themselves as is formerly mentioned , contrary to all the laws , the supreme power not only of england , but also of ireland and scotland , is a thing which none but conquerors or tyrants would attempt , and in all circumstances is so hideous and monstrous to be endured by a free people , formerly famous to all the world for wisdome and valour , as the english nation have been , as it will be incredible to all posterity and lastly considering , that as in all ages , and more particularly since the beginning of the late horrid rebellion in ireland , our brethren in england have abundantly manifested a tender and compassionate sense of the condition in ireland , and were careful to relieve us in our lowest estate , as bone of their bone , and flesh of their flesh ; which we do , and shal ever acknowledge with humble thankfulnesse , and ( as a debt which we well know to be due from us to them above all people in the world ) shall be for ever as tender of their happinesse and welfare , as of our own , which indeed is involved in theirs , and without whom ireland cannot be happy . we therefore remaining constant in the reasons of our said declaration of dec. . . for adhering to the parliament in defence of its priviledges , and the just rights and liberties of these nations ; all which we see now are apparently more and more violated by the ▪ not admission of the said excluded members , and by not filling the vacant places , whereby the house might be full ; and being freed from force , might uninterruptedly act according to their judgements and consciences , towards re-setling the peace of these nations , which otherwise in all humane probability can never be restored to peace and tranquillity . we do therefore declare for a full and free parliament in england , consisting not only of those that sate on oct. . . but also of all such of the members of parliament imprisoned , excluded , or withdrawn in december . as are yet living , whom we desire may be restored to the freedome and liberty of sitting , and acting according to the trust committed to them by the several counties and places which did chuse them , that so they may be no longer debarred from discharging their said trust , and that vacant places may be speedily supplied by free and due elections of the people , yet so as none of the persons to be admitted or elected , be any of those who have been in arms , or otherwise aiding , abetting , or assisting the late king or his son in the late war against the parliament , and that the house being so filled , may proceed unanimously to consult the best meanes for re-setling the peace of the nations , the re-establishment of true religion ( the surest foundaon , as of all righteous government , so of all the happinesse of a nation ; ) the fundamental lawes of the land ( whereby all mens rights and properties are preserved ) and the liberties and freedom of the people which are supported by those lawes . and for those ends , and in discharge of our duty to god , and to our country , we do resolve , by the blessing of almighty god ) to joyn with our brethren in england , ireland , and scotland , who have or shall joyn with us for the ends aforesaid ; and do resolve , for the maintenance and preservation thereof , to hazard our lives and estates , and all that is dear to us : and we doubt not but all our brethren in the said nations , who disdain to be made slaves , will joyn with us herein , as being with wisedom and reason desirous to deliver over to their posterity that liberty and freedom which was conveyed to them at so dear a rate by our ancestors . and then we trust , that by the great mercy of god , will speedily follow a happy settlement of these yet miserable and distracted nations ; and consequently that the true protestant religion , in the power and purity thereof , may be established ; the godly , learned , and orthodox ministers of the gospel maintained by their tythes , and other their accustomed rights ; their persons supported and countenanced ; the universities and all other seminaries of learning cherished ; heresies and schisms suppressed , needless impositions and taxes on the people removed , and no charge to be laid on any of the nations , without their own free consents , given by their representatives , in their several and respective parliaments ; manufactures , and publique trade and commerce , at home and abroad advanced ; justice in its due and wonted course administred ; the just debts of the nation satisfied ; the treasure and revenues thereof preserved , and returned to their right and proper channels ; the arreares of the army , and other publique debts duly satisfied ; the armies and forces continued in due obedience to the supreme authority , and not presume as some have done , to give lawes thereunto , which hath been the root of a great part of our miseries ; the nations enriched , united and strengthened ; the reformed protestant churches abroad supported and countenanced ; the honour of the english nation restored , to the comfort of friends , and terror of enemies ; the plantation of ireland in the hands of adventurers and souldiers , and other english and protestants advanced , as a farther accession of honour and greatness to the english nation : and so by the blessing of god , all will shortly terminate in the glory of god , the peace and tranquillity of these nations , the strengthening of them against forreign invasion , and intestine rebellion , and the comfort , contentment of all the good people in these nations , which the lord of his mercy grant . dated at dublin , febr. . . sir charls coote william l. cawfield sir theo. jones sir oliver st. ceorge sir hen. ingoldsby sir john king col. chidley coote col. john cole col. will. warden col. richard coote col. john georges col. hen. owen lt. col. tho. scot lt. col. w. purefoy lt. col. oliver jones maj. tho. barrington maj. alex. staples maj. rich. bingley maj. george pepper lt. col. h. smithwick capt. henry baker cap. rob. fitz gerald cap. cha. wenman . cap. adam molineux col. hum. barrow cap. sam. foley cap. john salt cap. simon garstin col. cha. blunt col. hen. slade cap. ant. stamp cap. art. purefoy cap. george s ▪ george cap. peter purefoy cap. thomas curd cap. tho. newcomen cap. tho. newburgh cap. hen. thrimpton lt. hugh clotworthy lt. peter flower lt. her. langrish lt. rich. morrick lt. brian jaques lt. richard butler lt. john ottway lt. john evelin lt. tho. flint lt. edw. harrington corn . art. vsher corn . donw . prothers corn . w. pinsent ensign john hiad tho. sheppard . mar. quarter-master w. f. john payn comptr. a declaration of the gentry of somerset-shire , who were of the late kings party . whereas god by many gracious appearances ha●h raised the hearts of this nation to a great confidence , that their tottering condition draws near to an establishment , by the re-settlement of their antient , just , and solid foundations ; we doe declare , that in thankfulness to our great and good god , we hold our selves bound to look upon , and with humble longings ; to wait for the accomplishment of this great work , as the largest national blessing we are capable of ( being presented to our hope without blood and ruine . ) and likewise that we set up pillars in every of our hearts to the honour of his excellency the lord general monck , who hath not as others , either feared or affected the tyrannical greatness of our oppressors ; but as he undertook the redemption of his countrey with singular resolution , and hath carried it on hitherto with unparallel'd prudence , so we doe not in the least doubt , but that by the good hand of god he will perfect it with shining and glorious sincerity . and because we finde ( as we hope ) the last engine of the enemies of our peace now set on work for the embroiling of the spirits of the well-meaning people of england , by suggesting an unchristian inclination remaining in us , of waiting opportunities of revenge : we do here in the sight of god , and to all the world , disown and abhor all animosity and revengeful remembrance of sides and parties in the late war : and do promise and resolve to co-operate within our sphere towards the publique settlement , with such faithfulness and constancy , as neither to occasion or entertain the least jealousie upon the account of any past difference whatsoever , fully resolving to submit to the determinations of the parliament both in ecclesiastical and civil affairs , which we hope will remove all occasion of jealousie and distinction for the future . john lord paulett . sir francis paulett . sir amos paulett . william paulett esq. edward phillips . william helliar . peregrine palmer henry barkley . charles berkley . thomas warr . john brice . robert hawly . john bonvile . francis windham . thomas pigott . william wandrond . george waldrond . edward berkley . francis hawly . george speake . john tynt . sam. gorges . george syddenham . francis harvey , &c. an alarum to the counties of england and wales . with the ab-renunciatiation of the oath . by tho. fuller , b. d. our nation , which long since hath lost the lustre and well-being , now at last-strugleth for the life and being thereof . our many [ temporal ] miseries are reducible to two principal heads . daily . decrease of trading . . increase of taxes : so that every hour the burden groweth weightier , and the back of our nation weaker to support it . . 't is sad to see , in cloathing countreys , what swarms there are of poor people , the true objects of charity ; if any were as able to give , as they worthy to receive relief : for they would work , and can work , yet cannot work , because there are none to employ them . . as for the sea ( which is the land of port-towns ) it returneth small benefit ; for since dunkirk was ours ( more to the credit than benefit of our nation ) the fire of searobberies is removed out of the chimney , and scattered about the house , not lesse destructive , but more diffusive : so that our merchants could better guard themselves against that single staple of pirates , than many lesser ones sprung since every where , the cause why rich men will not ( as poor cannot ) adventure . . our second misery is , increase , yea , superfetation of taxes , so long as so numerous an army is maintained : for though some of their souldiers will preach gratis ( conscientious to take nothing for that which they know is worth nothing ) yet none will fight at so cheap a rate . . some will say , that what the souldier receiveth with one hand , he returneth with another , expending his pay in victuals , cloaths , &c. whereby coin , by circulation , is continued in our country . this i deny ; for some grandees greatned by the times , have made their monies over in banks beyond the seas , which are put into mortmain , or a dead hand , whereby no profit accreweth to our commonwealth . others having gotten the estates of lords , live after the rate yoomen , whose discretion therein is to be commended , for proportioning their expences ( for fear of afterclaps ) rather according to their original , than present condition . . the increase of taxes must inevitably cause the ruine of our nation : for though still there be wealthy men left ( as they shew it in their cowardise , and fear to engage for the general good ) yet they grow thinner every day whilst such as are left no root of their own , rather than they will wither will turn suckers on the stock of others . so that the greatest happiness rich men can promise to themselves , is only to be last devoured , though the comfort of the lateness will not countervail the sadness for the certainty of their destruction . indeed it is miraculous that our nation hath subsisted so long , and few there are that would believe that the whole candle of our english wealth could last so long , as we have beheld it burning in the socket , but now giving the last blaze , if god be not merciful , and men discreet to prevent it . . pass we from the sad malady , to the sole remedy thereof , i say sole , not exclusively of divine miraculous power , but according to humane apprehension , this is a free and full parliament . indeed free-parliament is a tautology , like a reasonable-man , who , if not reasonable , is no man ; as the other , if not free , no parliament . but the late frequent forces put on parliaments hath made the needless epethite become necessary , to express what kinde of parliaments we desire . not such in which every word must be spoken under correction of the sword , but wherein every member , without fear of violence ( to interrupt or dissolve them ) may follow the dictates of their own judgement . . nor ought a parliament onely bee free from force , but also from any abjurations , or previous engagements . let them take heed of renouncing any thing , save what is simply sinful in it self , as the forsaking of the world , flesh , and devil , as was solemnly promised for them in their baptism . but it is bad to bee busie with other ab-renunciations , especially of the royal family . . look backward , and we may say with david , the vows of the lord are upon us ; i mean on so many of us as are of fifty years of age . the oath of supremacy ( not to mention the covenant ) is the eldest brother , to whom the inheritance of our consciences do belong . . look forwards , it limiteth gods providence , which is an hainous offence ; wee know not what a day , month , year , &c. may bring forth . this age hath the least reason of any to meddle with the edge-tools of such oathes which in a short ( but strict ) time hath seen so many strange things , that now nothing is strange unto us . have wee not seen o. cromwell from a private gentleman gradatim ascend to bee protector of three nations , and by his courage and wisdome rather than any right ) a more absolute power possessed by , and larger tribute paid unto him than to any king in england . his son and successour ( counted bad by many for his goodness and milde spirit ) for eighth months was congratulated by the most considerable persons of our nation . now if some twenty years since an oath had been tendred unto us to abjure the family of cromwels from ever having the supream magistraey in our nation ; such an oath would have seemed safe , but yet it was not lawful to take it , because none knew what was in the womb of teeming time , though utterly improbable to our belief . . besides , the imposers of this oath may miss the mark they propound to themselves , viz. assurance of their own , and discovery of the opposite party ; for many now pass not for the taking or breaking of any oath , and assurance of such is hard in keeping , and indeed not worth the having . other will behold the oath as temporary , and expiring with the power of the imposers . as for the conscientious indeed , esfusing it out of pure principles of piety , it is a barbarous act for persons in power , to turn executioners to strangle tender consciences , whose cordial fear of an oath should be encouraged . . as the parliament must be free , no vassal , but enfranchised from the sword , so must it bee full , no cripple , but entire and compleat in all the members thereof . our land hath lately groaned under the most grievous monopoly as ever was , or can be , when a handful of men have grasped to themselves the representing of a whole ( not to say three ) nation , most of them being but burgesses , who though equal in votes , are not equal in their representation with the knights of the shires . if they presume that the rest excluded by them ( far more considerable for birth , estates , number , love of the people , and what not ? ) are vertually included in them , it is an intollerable presumption . that what pertaineth to all should be handled by all , is a truth so clear and strong , that they must offer a rape to their own reason that deny it . such also is this maxim , vnrepresented , vnconcluded : so that if so few have in them the notion of a parliament , it is a bare notion indeed , especially seeing this handful of men were ( say the cavaliers ) dissolved by the death of the king ; dissolved ( said cromwell ) by his sword ; dissolved ( say some great ones ) by an act of their own ( entred into the journall book of the parliament ) dissolved must their own consciences say , by their voluntary accepting of elections in later parliaments . . now the members of a free and full parliament ( the onely hope of humane help ) ought thus to be qualified : . let them be godly , and well-affected indeed , and not in the canting language of the times . . men of estates , who will be tender in taxing others , as striking them thorough themselves , whilst such who bear nothing care not how much they burthen others , as if paying were as easie as voting , and money as free as words . . men of spirits , no dull souls , all the sparks of whose activity are quenched in their own flegm . . no gainers by the continnance of the army . demetrius the silver-smith was no fool ( what ever else he was ) so sticking for the shrine of diana , by which craft he got his gain . . men of moderation , a quality not opposed to diligence , but to violence , not unactiving men , but regulating their activity . . this their moderation must appear in considering all interests , seeing there be no two interests in the nation so contemptible , which if united , and twisting their discontents together , cannot draw trouble on all the rest : especially the sectarian ( though presented i beleeve by their party , through a multipling glass ) are considerable on a politick score of their numbers and pious account of their conscience ; for , though many of them carry the latter in their purses , who when they finde the moisture of profit to fail them , will fall off like leaves in autumn ; yet can i not be so uncharitable , but to beleeve that many of them ( having the heat of their affections above the light of their judgements ) follow erroneous consciences ; besides , having gone loose so long , they must needs swell , if hardly girded on a sudden . . this moderation also must be used by all other persons , to work themselves to be ( if not pleased ) contented with the decisions of a free parliament . all must sit down losers save such alone , who can plead , that they have been no sinners in our nation . the grand design must be to have none , or , ( if that be impossible ) as few as may be , utterly ruined . i confess two hungry meals makes a third a clutton , and such who have long fasted from their detained estates , will be not onely greedy but ravenous to recover them . yea , such will shrewdly plead , that they now expect moderation from them , who never used moderation to them . however , in such a general danger , men must depose their animosities , labouring , first , to reconcile their spirits , then , their perswasions , the later being at less distance than the former . and men must divide , where they cannot get the whole , seeing few will pity his starving who will eat no bread at all , because he can recover but half of his own loaf . . it will be objected that such a full p. is still but an empty parliament , having no house of lords therein : but know , if both hands of a man be bound , no hope of liberty from himself ; but if one be untied , it may do the brotherly office to unloose the other : let us be content to row in a sculler till we can get a pair of oars . and such surely is the ingenuity and publick spiritness of the peers , that laying aside personal interest ( which upon debate may appear more ) they will suspend their rights , immunities , and priviledges , and submit all to the determination of a free parliament to acquiesce therein . . god give our nation seasonably to understand their own strength , that the wars begun may be ended amongst our selves before forreigners become the arbitrators of our differences , who will demand great wages for little work , yea and turn their owne paymasters thereof . and may that great general ( whose intentions long have stood in the dark to our nation , whilst our nations desires were all the while in light to him , understand that vox populi is vox dei , and interpret , that god calleth unto him by the declarations of all counties , to be chiefly instrumental in asserting our liberties , and we shall have cause for ever to bless the day of his nativity . . indeed had providence fixed our nativities under the duke of muscovy , whose list is his subjects law , we would ( because we must ) work our selves patiently to the obedience of his power . but seeing god hath given us , with st. paul , to be free-born , acts . . ( though also , with the centurion , we have given great summs , not to obtain , but contrive this freedome ) let us not tamely lose our birth-right , and vigorously endeavour their preservation . . the story is well known of the old woman , who having but a small parcel of wood , would leasurably roast her goose ▪ stick by stick , till her wood was all burnt , and her goose still raw . if the several counties singly engage one after another , all will be overthrown , and nothing effected as to our relief . let the two and fifty shires of england and wales ( with the city of london , which eminently is two and fifty more ) be all as one , and unanimously advance the work , and not doe as they dealt with poor cheshire , using it as joab used vriah , putting him forward on action , then falsly ret , eating from him , and leaving him a prey to his enemies . but i hope our old shipwracks will be new sea-marks to us , documented by former nocuments , to steer a course for the general good . . there is so englishman so inconsiderable , but he may , at the least in a single capacity , be contributive to the happiness of his native country , the wise with their brains , the rich with their purses , the learned with their pens , the strong with their persons , all with their prayers . and if now they suffer this opportunity which god puts into their hands , to slip through their fingers , they may hereafter have more years to bemoan their folly , than minutes to amend their misery ; it being better now to say , we will not , than three years hence to say , we cannot pay our taxes . the declaration and address of the gentry of the county of essex , who have adhered to the king , and suffered imprisonment or sequestration , during the late troubles . may it please your excellency , we the gentlemen of the county of essex , taking notice how industrious some pernicious and desperate persons have been to raise a jealousie , that all who adhered to the king have such a a settlement of rancour and revenge in their hearts , against those who were of a different party , that the blessing of a firm and lasting peace , so long wisht for , and now hoped to be in a near propinquity , is not likely to take its due and desired effect , have thought fit to express the true sense of our hearts , in a declaration which we have enclosed herein , conceiving it very fitting , not to make the same more publick , till it hath first arrived at the view of your excellency , whom god hath been pleased to make so signally eminent in the delivering of this nation from those pressing miseries it hath so long lay panting and groaning under ; and for which , as we can never enough magnifie his mercy , so can we not sufficiently express that high honour and respect which we retain in our hearts towards your excellency , the great and worthy instrument he hath been pleased to make use of therein . my lord , we subscribe our selves , your excellencies most humble and devoted servants . chelmesford , april . . this was subscribed by the gentry , whose names are expressed under the subsequent declaration , and superscribed to his excellency the lord general monck . the declaration . whereas almighty god hath raised this distracted nation to some hopes of re-settlement on just , known , and lasting foundations : we magnifie his mercy from the bottom of our hearts , and shall ever pay a most grateful acknowledgment to his excellency the lord gen. monck as the signal instrument of so great a deliverance . and whereas some pernicious and desperate persons have laboured to raise a jealousie , that those who adhered to the king doe still in their hearts detain revenge against such as were of a different party : we think our selves bound to declare to all the world ( in the presence of god ) that we detest and abhor all thoughts of animosity or revenge against any party or persons whatsoever . for as we could wish the late divisions had never been begotten , so we desire they may for ever be buried , and shall think those persons the greatest and common enemies of our country who shall offer to revive them . and we also declare , that we will thankfully submit and attend the resolutions of the next ensuing parliament , for a just and happy settlement of church and state , that so at last ( by cods blessing ) that so those odious marks of sides and parties may for ever be blotted out , and a perfect union may again be restored to this distressed nation . edward russel , esq. sir henry appleton , baronet . sir benjamin ayloff , baronet . sir denner strutt , baronet . sir humfrey mildemay , knight sir john tirell , knight sir granmer herris , knight sir edmund peirce , knight sir henry wroth , knight william ayloff , fsq . james altham , esq. gamaliel capel , esq. anthony browne , esq. charles fytche , esq. thomas argal , esq. stephen smith , esq. salter herris , esq. henry pert , esq. john fanshaw , esq. thomas roberts , esq. richard humphrey , esq. john lynn , esq. dr. john michaelson , richard symons , esq. anthony kempson , esq. william herris , esq. william bramston , esq. john brown , gent. nicholas serle john vavasour , gent. john green , gent. james cookson , gent. fdmund coole , gent. this declaration and address was agreed upon by the subscribers at a general meeting , at chelmesford in essex , april . . sir benjamin ayloffe , and sir edmond peirce being then appointed and desired to present them to his excellency , which was done accordingly at st. james's the th . of the same moneth . a declaration of the knights and gentry in the county of dorset , who were in his late majesties army . upon a due consideration of the dangerous jealousies which are promoted ; partly , by the cunning of a close , and malicious faction of separatists , and partly , by the unwarranted liberties of an heady and intemperate sort of people , which falsely tearm themselves royallists : — to the great dissettlement of sober and well-minded persons , and sufficient to blast the hopes we have of returning to our antient freedomes , without a more than ordinary appearance of divine aid , to support , and re-unite us in this our critical necessity . we have thought it highly expedient to declare our seuse , and resolves , in the particular of adherence to the largest assurances of amicable agreement , and correspondence imaginable : looking upon our selves as obliged by an indispensible tye of religious charity , to compassionate and forgive one another , as we expect to be forgiven : and we do further declare , that we are so far from justifying those unchristian animosities , which reign in divers turbulent spirits , even of our own party ( by reputation at least ) that we disclaim any society with men of those wilde principles ; and that to all honest purposes , we will never put any difference , betwixt such as shall now unite with us , in order to the publick peace , and those who first engaged in the same perswasion with our selves , submitting all to the resolves of parliament , upon whose determinations we beseech god to bestow his benediction . sir hugh windham , sir gerard naper , sir john strangwayes , giles strangwayes , john hardy , henry coker , edward hull , henry butler , maximilian mohune , robert mohune , henry hoskins , james hoskins , george strangwayes , nicholas strangwayes , robert lawrence , bruen lawrence , arthur fookes , george brown , major vdvehall , rob. chamberlain , rob. strode , jo. strode of slape , humphrey bishop , john bishop , robert culliford , george cary , george penny , tho. turbervile , george tubervile , tho. paulet , cap. hoare , major dolline , hugh hodges , rich. willoughby , john pesing , john gillin●ham ▪ william elsing , robert ernsly , john dawe , john fisher , ellis collins . the declaration of the gentry of the county of kent , who have adhered to the king , and suffered imprisonment or sequestration during the late troubles . whereas it hath pleased almighty god , after so many trialls , and so long distraction , to raise us to large hopes of resettlement of this nation upon just , known , and lasting foundations ; wee therefore desire from our hearts to render to god the glory of his mercies , and a full tribute of honour to his excellency the lord general monck , who hath been so eminently instrumental in these beginnings of deliverance . and forasmuch as we understand that some malicious and desperate persons ( regarding neither the mercies of god , nor the miseries of their country ) have endeavoured to beget a pernicious jealousie , that those who adhered to the king , do still retain a spirit of revenge against all that were of a contrary party : we do therefore declare in the presence of god , that we utterly abhor all revengeful thoughts and actions against any party or persons whatsoever . and as we have great reason to wish those divisions had never been born , so we hope , and will do our utmost they may never be remembred , and shall look on all persons as the worst and common enemies of this nation that shall offer to revive them . in pursuance whereof we further declare ( as his excellencies army hath given us a noble example ) that we will thankfully acquisce in the resolutions of the next ensuing parliament for a due and just settlement of church and state . col. richard spencer , esquire , thomas lennard , esquire , thom. peyton , kt. and baronet , roger twysden , kt. and bar. edward hales , baronet , richard hardress , baronet , william man , knight , stephen lennard , knight , john boys , knight , col. thomas colpepper , col. edward wilsford , col. george newman , col. henry norwood , robert barnham , esquire , daniel treswel , esquire , thomas collepepper , esquire , thomas herlackenden , esq. francis twysden , esq. john best , esq. edward barham , esq. rich. master esq. francis clerk , esq. edward darell , esq. william rook esq. joh. boys of h●ad , esq. wi●liam kingsley , esq. richard hulse , esq. james newman , esq. john pownoll , gent. william somner , gen● . a declaration of the nobility and gentry that adhered to the late king , in and about the city of london . after the miseries of a civil war , and the many vain and fruitless attempts toward settlement upon several interests and imaginary forms of government , it having pleased almighty god by unexpected and wonderful meanes to give these nations a probable hope of being restored to those lawes and priviledges which have been transmitted to them from their ancestors . we doe declare , that we think our selves obliged , next to divine providence to attribute this glorious work to his excellency the lord general monck , who as he had the courage to assert the publick liberty , and the prudence to carry it on against so many difficulties , has also had the happinesse to lead us thus far through the wilderness of confusion , without passing the red sea of blood . and because the enemies of the publick peace have endeavoured to represent those of the king's party as men implacable , and such as would sacrifice the common good as their private passions . we doe sincerely profess that we doe reflect upon our past sufferings from the hand of god , and therefore doe not cherish any violent thoughts or inclinations to have been any way instrumental in them ; and if the indiscretion of any spirited persons transports them to expressions contrary to this our sense , we utterly disclaim them , and desire that the imputation may extend no farther than the folly of the offenders . and we farther declare , that we intend by our quiet and peaceable behaviour to testifie our submission to the present power , as it now resides in the council of state in expectation of the future parliament , upon whose wisedome and determinations , we trust god will give such a blessing , as may produce a perfect settlement both in church and state . and as his excellency hath not chosen the sandy foundation of self-concernment , but the firm rock of national interest , whereon to frame our settlement : it is our hope and prayer that when the building comes to be raised , it may not like rome have its beginning in the blood of brethren , nor like babel be interrupted by the confusion of tongues . but that we may all speak one language , and be of one name , that all mention of parties and factions , and all rancour and animosities may be thrown in and buried like rubbish under the foundation . subscribed by the marquiss of dorchester the earl of northampton the earl of devonshire the earl of barkshire the earl of dover the earl of peterborough the earl of norwich the earl of corke the earl of carbery the earl of desmond the viscount ogle the viscount grandison the viscount lumley the viscount brounker the lord lucas the lord bellasis the lord loughborough the lord lexinton the lord brereton tho. fuller bp. of kerry sir william compton sir francis vane john russel wil. ashburnham edward villers thomas howard will. howard sir jarvis clifton knight and baronet sir tho. corbet bar. sir tho. littleton bar. sir john greenvil knight and baronet sir wil. thorold bar. sir tho. prestwich bar. sir orlando bridgman sir ed. pie sir lewis kirke sir tho. smith sir rob. stapleton sir wil. coney sir nich. crisp sir hugh cartwright sir sutton cony sir henry chichley sir wil. morton sir ed. savage sir tho. armstrong sir john stephens sir humph. bennet sir wil. howard sir hen. wroth sir wil. dacres sir rich. malevory sir arthur gorge sir anthony jackson sir robert bolles george morley d. d. tho. warmstry d. d. jer. taylor d. d. phil. king d. d. e. penrodock will. legg george penrodock tho. lower herbert price tho. panton robert ruthen coll. fretswel john jeffryes adrian scrope wil. burgh john mayard ed. rosecarack and many others . finis . bumm-foder or, vvaste-paper proper to wipe the nation's rump with, or your own. brome, alexander, - . this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing b a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing b a interim tract supplement guide c. .f. [ ] interim tract supplement guide c. .f. [ ] estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]; a : [ ]) bumm-foder or, vvaste-paper proper to wipe the nation's rump with, or your own. brome, alexander, - . sheet ([ ] p.). s.n., [london : ] attributed to alexander brome by wing. verse: "free quarter in the north is grown so scarce ..." at end of text: finis, in english, the rump. item at a : [ ] imperfect: mutilated with loss of print. reproduction of original in the british library. eng england and wales. -- parliament -- poetry -- early works to . b r (wing b a). civilwar no bumm-foder or, vvaste-paper proper to wipe the nation's rump with, or your own. brome, alexander a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion bumm-foder or , vvaste-paper proper to wipe the nation's rvmp with , or your own . free quarter in the north is grown so scarce , that lambert with all his men of mars have submitted to kiss the parliaments arse , which no body can deny . if this should prove true , ( as we do suppose ) t is such a wipe as the rump and all 's foes could never give to old olivers nose : which , &c. there 's a proverb come to my mind not unfit , when the head shal see the rump all be-shit , sure this must prove a most lucky hit : which &c. there 's another proverb which every noddy wil jeer the rump with , and cry hoddy doddy , here 's a parliament all arse and no body . which &c. t is a likely matter the world wil mend when so much blood and treasure we spend , and yet begin again at the wrong end : which &c. we have been round and round about twirl'd , and through much sad confusions hurl'd , and now we are got into the arse of the world : which &c. but 't is not all this our courage wil quail , or make the brave seamen to the rump strike sail , if we can have no head , we wil have no tail : which &c. then let a free-parliamet be turnd trump , and nere think any longer the nation to mump with your pocky , perjur'd , damnd , old rump : which &c. but what doth rebel rump make here when their proper place ( as will. pryn doth swear ) is at the devils arse in derbyshire : which &c. then thither let us send them a tilt , for if they stay longer , they wil us beguilt with a government that is loose in the hilt : which &c. you l find it set down in harringtons moddle , whose brains a commonwealth do so coddle that t'as made a rotation in his noddle : which &c. 't is a pitiful pass you men of the sword have brought your selves to , that the rumps your lord , and arsie-versie , must be the word , which , &c. our powder and shot you did freely spend , that the head you might from the body rend , and now you are at us with the but-end , vvhich ; &c. old martin and scot have still such an itch , that they will with the rump try to'ther twitch ; and lenthal can grease a fat sow in the britch : vvhich , &c. that 's a thing that would please the butchers and cooks , to see this stinking rump quite off the hooks , and jack-daw go to pot with the rooks . which , &c. this forward sir john ( who the rump did never fail ) against charles stuart , in a speech did rail ; but men say it was without head or tail , which , &c. just such is the government wee live under , of parliament thrice cut in sunder ; and this hath made us the worlds wonder , which , &c. old noll when we talk of magna charta , did prophecy well we should all smart-a , and now wee have found his rumps magna fart-a , which , &c. but i can't think monck ( though a souldier and sloven ) to be kin to the fiend , whose feet are cloven , nor will creep i' th rumps arse , to bake in their oven , which , &c. then since he is coming , e'ne let him come from the north to the south , with sword and drum , to beat up the quarters of this lewd bum ; which , &c. and now of this rump i 'le say no more , nor had i begun , but upon this score , there was something behind , which was not before ; which , &c. finis , in english the rvmp . a declaration of the officers and armies, illegall, injurious, proceedings and practises against the xi. impeached members: (not to be parallel'd in any age) and tending to the utter subversion of free parliaments, rights, priviledges, freedome, and all common justice. and to introduce a meer arbitrary power in the very highest court of iustice. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a declaration of the officers and armies, illegall, injurious, proceedings and practises against the xi. impeached members: (not to be parallel'd in any age) and tending to the utter subversion of free parliaments, rights, priviledges, freedome, and all common justice. and to introduce a meer arbitrary power in the very highest court of iustice. prynne, william, - . p. [s.n.], london, : printed in the year, . attributed to william prynne by wing. annotation on thomason copy: "july th". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . england and wales. -- army -- early works to . england and wales. -- parliament -- expulsion -- early works to . impeachments -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a declaration of the officers and armies, illegall, injurious, proceedings and practises against the xi. impeached members:: (not to be par prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the officers and armies , illegall , injurious , proceedings and practises against the xi . impeached members : ( not to be parallel'd in any age ) and tending to the utter subversion of free parliaments , rights , priviledges , freedome , and all common justice . and to introduce a meer arbitrary power in the very highest court of iustice . luke . . a house divided against a house , falleth . london , printed in the year , . a declaration of the officers and armies illegal , iniurious proceedings and practices against the xi . impeached members , ( not to be paralel'd in any age ) tending to the utter subvertion of parliaments rights , and all common justice , &c. it is related by many of our * historians , that thomas cromvvel ( newly created earl of essex ) suffered death and lost his head , being attainted of high treason in parliament , and never called legally to his answer , by a law which he himself had procured ; to suspend from and attaint others in parliament , upon meer general accusations , without particular proofs and before any answer given ; which illegal arbitrary new invention of his ( to prejudice other members , ) proved another perillus bull to himself , he being the first man that suffered by it , upon a meer general charge of heresie and treason : this perillous president as it should admonish some of his name , and all other officers , members in the army or houses , to beware how they give the least way to any such arbitrary unjust general charges , suspensions , proceedings against any man , especially persons or members of eminency and power ; it being a memorable maxime of a most learned * judg and experienced parliament-man in his treatise concerning the high court of parliament , ( lately printed by the houses special order ) that the more high and absolute the jurisdiction of this court is , the more just and honorable it ought to be in the proceeding , and to give example of justice to inferiour courts ; ( uttered upon the occasion of the lord cromwels attainder , and the irregular proceedings therein , which he desired to be buried in perpetual oblivion : ) so it may serve as a most apt paralel to demonstrate to all the world the illegallity and arbitrariness of the officers and armies present charge and proceedings against the xi . accused members , wherein lieutenant general cromwel ( as is evident by sundry printed papers and letters ) hath none of the least ( and some say the grea●est ) hand ; whom this president should specially dis-engage from such a prosecution , the unjustness whereof will appear to all men by these particulars . . by the generallity and incertainty of the accusers ; the charge against them being presented in the name of the whole army , without the hands of any particular persons to it , who wil undertake at their perils to make it good , or else to give the accused members and house due reparations if they fail to do it : contrary to the * common and statute law of the land . . by the * uncertainty and generallity of the charge it self , in meer general and ambiguous terms ; to which the parties accused can give no answer , nor make any defence : and thereupon voted insufficient by the house . junii : to charge or suspend them by the law of the land . . by the multitude and quality of the parties impeached ; no less then xi . members at once , all men of approved integrity , fidelity and abilities , who have acted and suffered much for the parliaments and peoples liberties : mr denzel holles , the first of them , was long imprisoned in the tower by the king for his faithfulness and activity in the parliament , . caroli : for which good service , some of his accusers & the whole house of commons lately voted him , a large recompence , ( against those who wronged him ) as a person of eminent desert : besides , he was one of the fiv●●●mbers impeached , demanded by the king , and justified by the whole house , for his faithful service to his country , soon after the beginning of this parliament ; yea , his and his regiments valor and gaslantry were the principal instruments under god ( of all the foot ) that gained the field at edg-hil battel ; and after that made good brainford , against the kings whole army , and thereby preserved the artillery , magazine and city it self ( at that time ) from surprizal : since which he hath been imployed in committees , treaties and affairs of greatest trust , which he hath managed with great fidelity and applause : and yet now must be blasted with a * scandalous and illegal general charge . sir philip stapletons gallantry in the field in all the battels fought by the earl of essex , with his good services in the house , in scotland , at the committees of safety , and both kingdoms , are sufficiently known to all men : y●t now they must be rewarded with a malicious impeachment . sir william wallers gallant exploits in sussex , wales , and the western parts with an inconsiderable force , for which he was highly honored , and his diligence in the house and highest committees , to do his country service , must now be all ecclipsed with an uncertain defamatory impeachment , because he would not be hired to turn independent : it is very well known to all the kingdom , that major general masseys valorous defence of glocester against the kings whole army , after the cowardly surrender of bristol to prince rupert by an independent , was the principal means of saving the parliament , city , kingdom from utter ruine and conquest by the cavaliers : yet he must be now impeached and suspended the house by the power of an army , when the independent condemned to lose his head for high treason against the realm in surrendring bristol ( to the lofs of all the west and kingdoms hazard ) must be continued in the house , as an untainted member fit to be these members judge . mr walter long's imprisonment and sufferings for the priviledges of parliament in o caroll , for which he was lately voted reparations , and his diligence in the house , are known to most . sir * william lewis , sir john clotworthy's , and mr nichols respective abilities and services in the field , house , army , ireland : mr recorders activity in the house and city for the publick safety : and colonel edward harley's service in this very army , and under sir william waller , plead stronger for their innocency , then the armies charge for their guilt : and yet they must now be aspersed and suspended the house , before particular proofs of any guilt , and mr nichols election ( above . years since ] ordered to be reported for want of other matter , to turn him out of the house . and sir john maynard , only for opposing the fenne proiect wherein l. g. o. c. is so deeply ingaged , must be added to the number and suspended . these xi . must be all impeached , suspended without cause , at once , only to * weaken the presbyterian party , that so the independents might over-vote them ( as they have done since at pleasure ) when as the king himself was so modest as to impeach but five commoners at once , to strengthen his party , or else the army wil not be satisfied but march up hither . . by their violence to have them suspended the house before any real particular charge or proofs produced against them ; threatning by their remonstrance of june . in case the house would not suspend them ( against all law and iustice upon their illegal impeachment ) that they should be enforced to take such courses extraordinary ( for their suspention and apprehention , if not assassination ) as god ( who certainly wil give them no directions in such an unjust prosecution but only to repent of it ) should enable and direct them unto , wherein they far exceeded the kings proceedings against the . members ; who in five days after retracted all his charge and proceedings against them , and never prosecuted their suspention from the house , which the army press and reiterate again and again . . by their unjust and unreafonable demands after the house had voted ; june . that it did not appear that any thing had been * done or said by them in the hous , touching any matters contained in the papers sent from the army , for which they could in justice suspend them . and that by the law of the land , no judgment could be given for their suspention upon those papers , before particulars produced and proofs made : in their manifesto from vxbridg , june . wherein they not only slight and tacitly censure these votes as unjust , and contrary to presidents ; but likewise most injuriously and unreasonably press : the delaying of the particular charge and proofs to be brought in against them ; til the greater and more general matters of the kingdom proposed by them , be first considered of and setled : and that in the mean time , these members ( who in modesty only , and to give them some satisfaction in their unreasonable demands desired leave from the house to withdraw themselves for a time ) may by the wifedom and justice of the house be excladed and suspended from entring into it again ( in case they forbear not of their own accord ) til the general affairs of the kingdom be setled ( from the honor whereof they would totally exclude their presence and votes contrary to all reason and equity , after their general charge voted to be insufficient for their suspention ) and til the matters concerning them be heard and determined , when the house shal judg it more seasonable and safe then now . a meer equivocating shift and new found divice , which all honest , just , conscientious persons must detest and protest against , and more especially the countres and burroughs for which those worthy members serve ( who ought unanimously to petition the house therein , as an oppugaing of the rights of parliament , and great injury to them , by whose choyce they were presented to the house , as the county of * buckingham did the king , in the case of m. hamp●en ) to deprive the house and kingdom of the benefit of their faithful votes and advise , without and before any legal charge or proof produced ; and to ●a●s sentence against them as guilty , before any charge of evidence , or bringing them to answer . a thing so un ust , unreasonable , and dishonorable for the army , or then officers to demand , or the parliament to grant , that impudency and injustice itselfe would have blushed to have desired it in private , much more in print : and makes most men now conclude , that the armies flourishes against arbitrary power , and unjust proceedings in the houses , and for the advancement of publick justice , are but meer hypocritical pretences , actually contradicted by their most injurious , unreasonable demands , and arbitrary violent proceedings concerning the accused members , destructive to the very foundation and freedom of parliaments , and common iustice . . by their apparant false suggestions wherewith they abuse both the accused members and the house , which all just men and real saints must utterly abominate : whereof take one instance insteed of many . in the manifesto from sir thomas fairfax and the army ; june . they suggest to the house ; and declare to the world : that they had their particulars and proofs against the accused members , ready to produce and deliver in : whereupon the members petitioned the house on teusday , june . to appoint sr. thomas fairfax and the army a short and peremptory day to send in these particulars and proofs ; that a speedy proceeding may be had thereupon , when they doubt not to make their innocency appear : the house upon this petition ordered them , to bring in the particulars and proofs peremptorily on friday following , being the . of july : at which time , neither particulars nor proofs were ready , or produced : but insteed of producing them , they crave longer time to exhibite and make them ready , though they pretended and printed them to be ready , before the members petitioned ; promising to bring in both their particulars and proofs on tuesday next , at which time ( in the afternoon ) they brought in some particulars * below expectation ( of the most whereof the hous had acquitted them by their votes ) without any names subscribed thereto , or proofs to make them good as was desired . which dilatory & indirect proceedings , not tolerable in the case of any private person how mean soever , much less in the cause of so many eminent members and the whole house of commons : makes all ingenious and intelligent men beleeve , that the general and army have no particulars of moment nor real proofs at all against them : and by these suggestions and delaies endeavour causlesly to exclude these members from returning into the house , til they have obtained all their unjust demands , and accomplished all their hidden designs . a practise so destructive to the liberties , rights and freedom of parliament , so injurious to these eminent , able , wel-deseruing members , and the counties , burroughs , and whole kingdom for which they serve : and crys for exemplary punishment against the chief contrivers of it , and wil render their memories , persons no● execrable , and infamous to the present age & all future generation . . their mercenary * pamphleters ( as lilburne , amon wilber , britunicus , and others ) in their late seditious scurrilous pamphlers , not only impeach and traduce by name many other members of both houses , preferring the kings proceedings before the parliaments , and extolling the army for enlarging the king from his restraint ; but likewise most grosly traduce the impeached members , as guilty of most dangerous crimes and practises , notwithstanding the houses acquital of them by their votes ; and the armies inability to make good their charge : ( in whom mr saltmarsh writes in his printed letter , there is a mighty spirit raised up for justice and righteousness : we admire at it ) as if it were a matter of admiration to find a spirit for justice and righteousness in any of their late proceedings . we shal close up all with this passage concerning the accused members , in a declaration from sir tho : fairfax and the army , june . . p. , . we humbly desire for the seiting and securing of our own and the kingdoms common right , freedom peace , and safety : that the persons who have appeared to have abused the army , &c. may be some way disabled from doing the like or worse to us : and for that purpose may not continue in the same power ( especially as our and the kingdoms judges in the highest trust ) but may be made incapable thereof in fvtvre , &c. nor would our proposals of this singly he free from the scandal and appearance of faction or designs , only to weaken one party ( under the notion of uniust or oppressive ) that we may advance another , which may be imagined more ovr own : which their proceedings since against these members demonstrate to be a most real truth and the late general votes concerning members before any particular accusation or impeachment , ( occasioned by their means and over-awing ) by which they may cast out whom they please that shal or dare oppose their arbitrary and unjust actions ; as they have arbitrarily and iniuriously displaced many gallant faithful commissioned officers in the army without proof or cause , and put other seditious turbulent persons of mean quality into their places to strengthen then faction , who at amersham and elswhere turn churches into stables and stables into churches , and beray the lords table itself ▪ to shew what a restoration they intend . finis . notes, typically marginal, from the original text notes for div a e- * hall , hollinshead , stow speed , anno h. . dr saunders , sir edward cook instit. p. , , . * sir edw. cook instit. p , . * ashes tables title appeals and approver rastal , tit. accusation , . e. . c , . * cor. . . . h c. . . e. . stat. c . co. . rep. . * the main particulars now charged against him have bin fully examined and he cleared of them by the house long since . * who hath long since given a most exact account for portsmouth certified by the committee of accounts and allowed by the house and yet is charged for not accounting . * this is confessed in divers late printed papers to be the plot and real cause of their accusation . an exact collection p. . to . * this vote acquits them from most of the paticulars in their cod●ge * an exact collection p. . * the councel of war and agitators in the army may be charged with more particular and hainous crimes by the members , and more dangerous compliances with the king & malignant party , with drivi●g and abusing the parliament , undue elections &c. then these members * prima pars . de comparatis comparandis ; eight anti-queries . the charge of the army justified judg jinkins apology , with others . ☞ a declaration of the people of england for a free-parliament this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the people of england for a free-parliament goodman, michaell, fl. . sheet ([ ] p.) s.n., [london : ] signed at end: michaell goodman [and others]. place of publication from wing; publication date from thomason. annotation on thomason copy: "jan: . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the people of england for a free-parliament. goodman, michaell a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the people of england for a free-parliament . whereas by a wonderfull revolution of the divine providence , those members of the long parliament which were strangely brought in by the army ( may the th . . ) and as strangely outed by them ( october the th . . ) are now strangely returned to sit in the house , as before , we judge it our concernment to call to mind the act by them made and published , immediately before their forcible interruption , intituled , an act against raising of money upon the people without their consent in parliament : which act of theirs proceeds in these words ; and be it further enacted , that no person or persons shall after the . of october . assess , levy , collect , gather or receive , any custome , imposts , excise , assesment , contribution , tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this common-wealth , without their consent in parliament , or as by law might have been done before the d. of november , . and be it further enacted and declared , that every person offending against this act shall be , and is hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . hereupon we judg'd it meet and equitable to make this following declaration . we do therefore declare that we do freely , cordially and unanimously assent to the equity of this act , as consonant to the fundamental laws of our nation , the benefit whereof we doubt not but we may justly claim , as our birth-priviledg in all such cases & concernments . and accordingly we do hereby declare that we are ready and willing , as soon as an opportunity is given us , to make choice of such persons as may declare our consent in parliament , for the raising of such sums of money , as by them shall be thought necessary to defray the publick charges , and manage the publick concerns of the nation , seeing most of those persons that were formerly chosen by us for this purpose , are either taken away by death or by seclusion debarr'd from sitting in the house . and we do hereby further declare that we neither do nor shall ever give our consent , that any assesment should be made , or imposition lay'd upon us by any person or persons whatsoever , untill our consent be so declared by persons thus chosen and intrusted by us for this end and purpose . and therefore if any person or persons whatsoever shall contrary to the foremention'd act , and the fundamental lawes of this nation , lay any assesment or imposition upon us before our consent is thus declared , under what pretence or colour soever of authority or necessity it shall be done , we do hereby declare to the vvorld , that we are under manifest constraint and force , and our goods and estates are violently extorted from us , contrary to law and justice , which injuries we shall no longer bear then an opportunity shall be offered us to right our selves , and repossess those priviledges that pertain to us by the laws of our nation . and hereunto so universall and unanimous is our concurrence , that it would be endlesse for us to subscribe our names ( which neither this nor many such papers could contain ) but yet if any doubt or mistrust of the truth of the matter hereby declared should be conceived or pretended by any , and the members of parliament now sitting ( whom we conceive it does in a speciall manner concern ) shall desire a visible testimony hereunto , for their further satisfaction and more full assurance of the truth and reality hereof , we shall be ready upon the least intimation thereof by them given us , in the severall cities and counties of the land , to own and subscribe to what is hereby declared , and act accordingly . for some proof of the premises , we citizens of london , capable of the choice of knights and burgesses to serve in parliament , have to this present declaration subscribed our hands ; and so much the rather that we might hereby take occasion to signify to the whole nation our cordiall concurrence with our common council , in what was done by that honourable court in the behalf of us all , in their declaration ( of . of decemb. ) for a free-parliament . michaell goodman . richard tivell . andrew reeyve . richard turner . ruben rierast . joseph robison . thomas farrest . james jeason . robert peirce . philip shipton . william puppey . henry rumball . william compton . joseph bartocke . james dortie . thomas pardow . edward mocholson . timothy smart . andrew estwood . john campion . hugh griffin . george elsmore . james smith . thomas gray . edward tenth . william hall . thomas massie . will. manwaring . william caxton . william powell . robert tinbes . richard haile . john raton . john sharp . samuel chrimes . michalas bosworth . peter turner . william sampson . henry maidman . john honyborne . william arme . &c. william leeke . anthony hancock . robert thompson . samuell shelmele . thomas slufe . william browne . iames hincks . iames rainer . william taylor . george iellie . iohn hartly . iames haddocke . william bare . richard harrison . samuell bagnall . william weaver . thomas ward . thomas blith . richard harefirth . iohn barker . iohn philips . iohn child . thomas whiting . iohn wright . robert hall . randle hare . richard rogerson . william legger . thomas hopkin . francis beake . richard barefoote . thomas reade . william baker . nath. whitting . henry wirsle . vvilliam lounlee . thomas gostlin . john towes . ioseph surbut . ju . zacharias taylor . george ayrage . &c. iames orbel . iohn haskins . barthol . hew . george andrews . iohn beck . charles browne . iohn belling . richard bullar . humphrey stocks isaac castillion . adam sheldrake . christophor bayles . francis baker . richard pearce . henry sykes . iohn sudlowe . benony wallington . samuell small . nathaniel ball . roger lee . george holford . francis eades . ioseph barlser . edmund lawrance . vvilliam best . iohn cutler . edmund best . nath. rickets . thomas mackham . vvilliam hopkins . richard lowrents . thomas vvebbing . iohn audland . iohn stone . robert ferbie . vvilliam glover . nicolas minet . samuell bolton . robert daunce . richard audsley . iohn iacsone . &c. morgan floyd . henry . mardsley . benj. scut . mawrice wade . francis homes . edward bushell . thomas vnet. lancelet bostock . william weaver . gilbet low . thomas gloves . tobias hodges . thomas philips . humphery starkey . william macock . william bankes . william rowsby . felix banister . thomas timme . william eilsly . theophilus lyde . thomas leigh . james coli . robert johnson . james lever . roger fleming . thomas kinsman . james potter . robert woodward . john jones . william cole . thomas ballard . john brewer . walter verrnon . james riggby . thomas foxcroft . prosper wickdab . charles owen . gyles lickes . iames marshall . edward probee . &c. george pawlet . thomas bower . leonard appleby . william beedam . james . freeman . iohn gates . evan. wilkinson . len. waggstafe . roger corles . iames corton . robert paston . william spicer . thomas langstone . humphry blake . iames robinson . anthony bogan . george allenson . alexander lever . humphry ley. francis roberts . iohn slatter . edmund . carew . thomas simpson . giles parsons . philip evans . thomas nut. abraham pollar . iames pearcifull . adam tame . david parkinson . lawson biggs . william rosse . george winstaule . iohn lawrance . iohn siam . edmund skinner . joshua tillitson . nicolas cox. john middleton . oliver hyde . daniel cooper . &c. thomas clark . robert hall . iohn burd . thomas andrewes . theophilus stanoup . henry hanges . robert nevell . albion mollenshed . george farr . henry barram . vvilliam iles. hugh worts . jefery fips . robert porter . gilbert jones . iasper ives . iob beamount . thomas harrison . fran. morewood . robert dalby . ienkin price . henry beare . george cobden . iames austin . edw. fothingham . richard floyd . robert beversham . richard potters . george pilme . edward gregsone . thomas preston . iohn clapham . vvilliam robinson . rouland turner . ralphe vvallice . iohn evered . richard lillie . thomas fowler . william iohnson . iohn mason . will. linton . &c. richard garford . hamun tivill . sam. starling , ju . thomas jones . iohn gray . iohn milborne . john johnson . vvilliam grammer . abraham parrat . iohn ienet . ia. nuthat . zacharie shortred . natth. duchfreld . iohn combar . robert miles . iohn nocees . iohn smith . mr. clayton . iohn browne . iames holmes . rich. vvicksteed . thomas wade . nath. dumbavin . edward parsons . hugh noden . abrah . mansfield . thomas smith . ia. fisher . charles bostocke . francis rusell . iohn cunliffe . richard springold . william hare . richard smith . iohn bennet . robert iarvis. theophi . rouston . thomas giles . tho. vnderhill . &c. a publike declaration and protestation of the secured and secluded members of the house of commons against the treasonable and illegall late acts and proceedings of some few confederate members of that dead house, since their forcible exclusion, . febr. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a publike declaration and protestation of the secured and secluded members of the house of commons against the treasonable and illegall late acts and proceedings of some few confederate members of that dead house, since their forcible exclusion, . febr. . england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london : ] imprint from wing. reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . charles -- ii, -- king of england, - -- early works to . england and wales. -- parliament. -- house of commons -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a publike declaration and protestation of the secured and secluded members of the house of commons; against the treasonable and illegall lat england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a publike declaration and protestation of the secured and secluded members of the house of commons ; against the treasonable and illegall late acts and proceedings of some few confederate members of that dead house , since their forcible exclusion , . febr. . we the secured and secluded members of the late house of commons , taking into our sad and serious considerations the late dangerous , desperate & treasonable proceedings of some few members of that house ( not amounting to a full eighth part of the house if divided into ten ) who confederating with the officers and general councel of the army , have forcibly detained and secluded us ( against the honour , freedome , and priviledges of parliament ) from sitting and voting freely with them , for the better setling of the kingdomes peace ; and contrary to their oathes of allegiance and supremacy , their protestation , the solemne league and covenant , and sundry declarations and remonstrances of both houses , to his late murdered majesty , his heires , and successours , the whole kingdomes of england , scotland , and ireland , and to all foraigne states and nations ( since our exclusion and forced absence from their counsels , by reason of the armies force ) most presumptuously arrogated and usurped to themselves the title of , the supreme authority of this kingdome : and by colour and pretence thereof , have wickedly and audaciously presumed , without and against our privities or consents , and against the unanimous vote of the house of peers , to erect a high court of justice ( as they terme it ) though never any court themselves , to arraigne and condemne his majesty against the lawes of god , and the municipall lawes of the realme : which court ( consisting for the most part of such partiall and engaged persons who had formerly vowed his majesties destruction , and sought his bloud ) most illegally and unjustly refused to admit of his majesties just reasons and exceptions against their usurped iurisdiction ; and without any lawfull authority or proofe against him , or legall triall , presumed most trayterously and impiously to condemne and murder him : and since that , have likewise presumed to trie and arraigne some peers , and others free subjects of this realme for their lives , contrary to magna charta , the petition of right , the lawes of the land , and the liberty of the subjects , to the great enslaving and endangering of the lives and liberties of all the free people of england . and whereas the said confederated commons , have likewise tyrannically and audaciously presumed contrary to their oathes and engagements aforesaid , to take upon them , to make acts of parliament ( as they terme them ) without our privity or assents , or the joynt consent of the king and house of lords , contrary to the use and priviledges of parliament and known laws of the land , and by pretext thereof have trayterously and wickedly endeavoured to dis-inherit the illustrious charles prince of wales , next heire to the crowne , and actuall king of england , scotland , france and ireland , immediately after his said royall fathers barbarous murther , by right of descent ; and proclaimed it treason , for any person to proclaime him king ; ( whereas it is high treason in them thus to prohibit his proclaiming ) and have likewise trayterously and impudently encroached a tyrannicall and lawlesse power to themselves to vote downe our auntient kingly and monarchicall government , & the house of peers ; and to make a new great seale of england without the king's portraicture or stile , & to alter the antient regall and legall stile of writs , and proceedings in the courts of iustice ; and to create new iudges , and commissioners of the great seale , and to dispense with their oaths of supremacy and allegiance , and to prescribe new oaths unto them contrary to law , ( though they have no authority by any law , statute , or custome to administer or injoyne an oath to any man ) and thereby have trayterously attempted to alter the fundamentall laws and government of this kingdome , and to subvert the freedome , priviledges and beeing of parliaments ; for which treasons , strafford and canterbury ( though lesse criminall ) lost their heads this last parliament , by some of their owne prosecutions , and the judgment of both houses . we in discharge of our respective duties and obligations both to god , the king , our owne consciences , our bleeding dying kingdomes , and the severall counties , cities and burroughs for which we serve , doe by this present writing , in our owne names , and in the names of all the counties , cities , and burroughs which we represented in parliament , publickly declare and solemnly protest before the all-seeing god , the whole kingdomes of england , scotland , and ireland , and the world , that we doe from the bottome of our hearts abominate , renounce and disclaime all the said pretended acts , votes , and proceedings of the said confederate members , ( acted under the armies power against our consents ) as treasonable , wicked , illegall , unparliamentary , tyrannicall , and pernitious both to the king , parliament , kingdomes , and all the free borne people of this realme ; extreamly disadvantagious and dishonourable to our nation , scandalous to our religion , and meer forcible usurpations , and nullities void in law to all intents and purposes ; which we , and all the free-men of this kingdome , and all the kingdomes and dominions thereto belonging , are bound openly to disavow , oppugne , and resist as such , with our purses , armes , lives , to the last drop of our blouds ; and to which , neither we , nor any other can , ought , or dare to submit or assent in the least degree , without incurring the guilt of high treason , and the highest perjury , infamy & disloyalty . and in case the said confederates shall not speedily retract , & desist from those their treasonable practises , and tyrannical usurpations ; ( which we cordially desire and entreat them by all obligations of love and respect they have to god , religion , their king , country , & posterity timely to do . ) we do hereby denounce & declare them to be traytors & publike enemies both to the king and kingdome , and shall esteem and prosecute them , with all their wilfull adherents , and voluntary assistants as such ; and endeavour to bring them to speedy and condigne punishment , according to the solemne league and covenant ; wherein , we trust the whole kingdome , all those for whom we serve , and the lord of hosts himself to whom we have sworne and lifted up our hands , hearts , and fervent prayers will be aiding and assisting to us , and all our brethren of scotland & ireland who are united & conjoyned with us in covenant to our god , and allegiance to our soveraigne king charles the second , who ( we trust ) will make good all his destroyed fathers concessions which really concerne our peace , or safety , and secure us against all force and tyranny of our fellow-subjects ; who now , contrary to their trusts and former engagements , endeavour by the meer power of that sword , which was purposely raised for the protection of our persons , government , religion , lawes , liberties , the king' 's royall person and posterity , and the priviledges of paaliament ) to lord it over us at their pleasure , and enthrall and enslave us to their armed violence , and lawlesse martiall wills ; which we can no longer tolerate nor undergoe , after so long fruitlesse and abused patience in hope of their repentance . finis . a declaration, or representation from his excellency, sir thomas fairfax, and the army under his command humbly tendred to the parliament, concerning the iust and fundamentall rights and liberties of themselves and the kingdome. with some humble proposals and desires. by the appointment of his excellency sir thomas fairfax, with the officers and souldiers of his army. signed john rushworth, secretary. england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration, or representation from his excellency, sir thomas fairfax, and the army under his command humbly tendred to the parliament, concerning the iust and fundamentall rights and liberties of themselves and the kingdome. with some humble proposals and desires. by the appointment of his excellency sir thomas fairfax, with the officers and souldiers of his army. signed john rushworth, secretary. england and wales. army. fairfax, thomas fairfax, baron, - . aut , [ ] p. [s.n.], london : printed . b v reads: june th. . by the appointment of his excellency sir thomas fairfax, with the officers and souldiery of his army, signed, io: rushworth secretary. finis. copy filmed has print show-through. reproduction of the original in the cambridge university library. eng england and wales. -- army -- political activity -- early works to . great britain -- history -- civil war, - -- early works to . a r (wing f a). civilwar no a declaration, or representation from his excellency, sir thomas fairfax, and the army under his command, humbly tendred to the parliament, england and wales. army b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration , or representation from his excellency , sir thomas fairfax , and the army under his command , humbly tendred to the parliament , concerning the iust and fundamentall rights and liberties of themselves and the kingdome . with some humble proposals and desires . by the appointment of his excellency sir thomas fairfax , with the officers and souldiers of his army . signed john rushworth , secretary . london , printed . a declaration , or representation from his excellency , s. tho. fairfax , and of the army under his command . humbly tendred to the parliament , that we may no longer be the dis-satisfaction of our friends , the subject of our enemies malice ( to worke jealousies and mis-representations upon ) and the suspition ( if not astonishment ) of many in the kingdome , in our late or present transactions and conduct of businesse ; we shall in all faithfulnesse and clearnesse professe , and declare unto you , those things which have of late protracted and hindred our disbanding , the present grievances which possesse our army and are yet unremedied , with our desires , as to the compleat settlement of the liberties , and peace of the kingdom , which is that blessing of god , then which ( of all worldly things ) nothing is more dear unto us , or more pretious in our thoughts , we having hitherto thought all our present enjoyments ( whether of life or livelihood , or nearest relations ) a price but sufficient to the purchase of so rich a blessing , that we and all the free-borne people of this nation , may sit down in quiet under our vines , under the glorious administration of justice and righteousnesse , and in the full p●ssession of those fundamentall rights and liberties , without which we can have little hopes ( as to humane considerations ) to enjoy either any comforts of life , or so much as life it selfe , but at the pleasures of some men , ruling meerly according to will and power . it cannot be unknowne what hath passed betwixt the parliament and the army , as to the service of ireland . by all which , together with the late proceedings against the army , in relation to their petition and grievances ; all men may judge what hath hindred the army from a ready engagement in that service ; and without further account or apologie , as to that particular , then what passages and proceedings themselves ( already made publicke , ) doe afford ; we doe appeale to your selves , whether those courses , to which the parliament hath ( by the designes and practises of some ) been drawne , have rationally tended to induce a cheerefull and unanimous undertaking of the army to that service , or rather to breake and pull the army in pieces with discontent and dishonour , and to put such dil-obligations and provocations upon it , as might drive it into distemper , and indeed discourage both this army and other souldiers from any further engagement in the parliaments service . and we wish all men would ( with us ) upon the whole carriage , seriously consider , whether ( in the intentions of those who have by false informations , and mis-representations put the parliament upon such wayes ) the timely and effectuall reliefe of ireland , seem really to have been intended , or rather ( with the breaking , or disbanding of this army ) to draw together , or raise such other forces , and of such a temper as might serve to some desperate and distructive designes in england . for which , ( besides the probable suspitions from their carriage of the businesse ) we have before hand , in the transaction thereof , had more then hints of such a designe , by cleare expressions to that purpose , from many of the officers of the army , that have been perswaded , and appeared most forward , to engage as for ireland , on the tearmes proposed . and , that such a designe hath all along been driven ; seems now to evident , by the present disposing of those forces that have been engaged for ireland , by the endeavours of some , to gain a power from the parliament of ordering those forces for some service in england ; and by the private listings of men for service there , without any publick authority of parliament . and ( all this ) by the same persons , who have all along appeared most active , and violent in the late proceedings against the army . as to the just discontents and dis-satisfactions of the army , in relation to their grievances , and their non-compliance to the late orders for sudden disbanding by peece-meale ( before more full and equall satisfaction were given to the whole ) we desire you to look back to the papers already published , of the grievances themselves , the narrative of the officers , and the late papers from the generall councell of warre at bury , and late generall randezvouz neare newmarket : and ( we thinke ) your late resuming the consideration of these things ( as to a further satisfaction ) doth much justifie the desires and proceedings of the army , in the past particulars , hitherto . and though ( had we ( upon our first addresses ) for our undoubted rights and dues ) bound or free , a candid reception , with a just consideration , and a reasonable satisfaction , or at least a free answer therein , wee should have been easily perswaded to have abated or forborne much of our dues , and not to have enquired into , or considered ( so farre as we have ) either the possibilities there are for more present satisfaction of arreares , or the credit of future securities proposed ; yet since upon these former addresses , we have found such hard dealing , as in the said papers is set forth , and those additionall ( though hitherto but partiall ) satisfactions , comming so hardly as they have , we finde no obliging reasons in the least , to decline or recede from what is our due ; but rather still to adhere unto our desires of full and equall satisfaction , in all the things mentioned in the aforesaid papers , not onely in behalf of our selves , and the army , but also the whole souldiery throughout the whole kingdome , who have concurred , or shall concurre with us in the same desires . and to all our former desires , as souldiers , we cannot but adde this ( wherein we find our selves so nearly concerned in poynt of justice and reputation ) that more care , and a stricter course may be taken for making good all articles granted upon surrenders , according to the true intent and meaning of them . as also for remedy and reparation in case of any breach ; ( and this ) without those delayes which divers have found , as prejudiciall to them or more , then if they had been totally denyed the performance of them nor will it now ( wee hope ) seeme strange or unseasonable to rationall and honest men , who consider the consequence of our present case , to their own , and the kingdoms , ( aswell as our ) future concernments in poynt of right , freedome , peace and safety , if ( from a deepe sence of the high consequence of our present case , both to our selves ( in future ) and all other people ) we shall , before disbanding , proceed , in our own and the kingdoms behalf , to propound , and plead , for some provision , for our , and the kingdoms satisfaction , and future security in relation to those things , especially considering , that we were not a meere mercinary army , hired to serve any arbitrary power of a state ; but called forth and conjured , by the severall declarations of parliament , to the defence of our owne and the peoples just rights , and liberties ; and so we tooke up armes , in judgement and conscience to those ends , and have so continued them , and are resolved according to your first just desires in your declarations , and such principles as we have received from your frequent informations , and our own common sence concerning those our fundamentall rights and liberties , to assert and vindicate , the just power , and rights of this kingdome in parliament for those common ends promised , against all arbitrary power , violence and oppression , and against all particular parties , or interests whatsoever . the said declarations still directing us to the equitable sence of all laws and constitutions as dispencing with the very letter of the same , and being supreame to it , when the safety and preservation of all is concerned , and assuring us , that all authority is fundamentally seated , in the office , and but ministerially in the persons neither doe or will these our proceedings ( as we are fully and in conscience perswaded ) amount to anything , not warrantable before god and men , being thus far , much short of the common proceedings in other nations , to things of an higher nature then we have yet appeared to . and we cannot but be sensible of the great complaints , that have been made generally to us of the kingdome , from the people where we march , of arbitrarinesse and injustice , to their great and insupportable oppressions . and truly such kingdomes , as have according both to the law of nature and nations , appeares to the vindication and defence , of their just rights and liberties , have proceeded much higher ; as our brethren of scotland : who in the first beginning of these late differences , associated in covenant , from the very same grounds and principles ( having no visible form , either of parliament or king to countenance them ) and as they were therein justified , and protected by their own , and this kingdome also , so we justly shall expect to be . we need not mention the states of the netherlands , the portugals , and others , all proceeding upon the same principles of right and freedome ; and accordingly the parliament hath declared it no resistance of magistracie , to side with the just principles , and law of nature and nations , being that law upon which we have assisted you . and that the souldiery may lawfully hold the hands of that generall , who will turne his cannon against his army on purpose to destroy them ; the sea-men the lands of that pylot , who wilfully runnes the ship upon a rock , ( as our brethren of scotland argued . ) and such were the proceedings of our ancestors of famous memory , to the purchasing of such rights and liberties as they have enjoyed through the price of their blood ; and we ( both by that and the later bloud of our deare friends and fellow-souldiers , with the hazard of our own ) doe now lay claim unto . nor is that supreame end , ( the glory of god ) wanting in these cases , to set a price upon all such proceedings of righteousnesse and justice , it being one witnesse of god in the world to carry on a testimony against the injustice and unrighteousnesse of men , and against the mis-carriages of government , when corrupted or declining from their primitive or originall glory . these things we mention , but to compare proceedings , and to shew that we are so much the more justifiable , and warranted in what we doe , by how much we come short of that height and measure of proceedings , which the people in free kingdomes and nations have formerly practiced . now having thus farre cleared our way in this businesse , wee shall proceed to propound such things as we doe humbly desire for the setling and securing of our own and the kingdomes common right , freedome , peace , and safety , as followeth . . that the houses may be speedily purged of such members , as for their delinquency , or for corruptions , or abuse to the state , or undue elections , ought not to sit there : whereof the late elections in cornwall , walles , and other parts of the kingdome afford too many examples , to the great prejudice of the peoples freedome in the said elections . . that those persons , who have , in the unjust and high proceedings against the army , appeared to have the will , the confidence , credit , and power , to abuse the parliament , and the army , and indanger the kingdome in carrying on such things against us ( while an army ) may be some way speedily disabled from doing the like or worse to us ( when disbanded , and disperst , and in the condition of private men ) or to other the free-borne people of england in the same condition with us , and that for that purpose , the same persons may not continue in the same power ( especially as our and the kingdomes judges in the highest trust ) but may be made incapable thereof for future . and if it be questioned who these are , we thought not fit particulartly to name them in this our representation unto you , but shall very speedily give in their names ; and before long shall offer what we have to say against them , to your commissioners , wherein we hope so to carry our selves , as that the world shall see , wee aime at nothing of private revenge , as animosities , but that justice may have a free course and the kingdome be cased , and secured by disinabling such men ( at least ) from places of judicature who desiring to advantage , and set up themselves , and their party , in a generall confusion have indeavoured to put the kingdom into a new flame of warre , then which nothing is more abhorrent to us . but because neither the granting of this alone , would be sufficient to secure our owne , and the kingdoms rights , liberties , and safetie either for the present age or posterity , nor would our proposing of this singly be free from the scandall , and appearance of faction or designe onely to weaken one party , under the notion of unjust or oppressive ) that wee may advance another ( which may be imagined more our own ) we therefore declare that indeed wee cannot but wish , that such men , and such onely , might be preferred to the great power and trust of the commonwealth , as are approved , at least , for morall righteousnesse ; and of such wee cannot but in our wishes preferre those , that appear acted thereunto by a principle of conscience and religion in them . and accordingly we doe and ever shall blesse god for those many such worthies , who through his providence , have been chosen into this parliament ; and , to such mens endeavours ( under god ) we cannot but attribute that vindication , ( in part ) of the peoples rights and liberties , and those beginnings of a just reformation , which the first proceedings of this parliament appeared to have driven at , and tended to , though of late obstructed , or rather diverted to other ends and interest by the prevailing of other persons of other principles and conditions . but yet we are so farre from designing , or complying to have an absolute or arbitrary power fixed or setled for continuance , in any persons whatsoever , as that , ( if we might be sure to obtain it ) wee cannot wish to have it so in the persons of any , whom we could most confide in , or who should appear most of our own opinions or principles , or whom we might have most personall assurance of , or interest in , but we doe , and shall much rather wish , that the authority of this kingdome in parliaments ( rightly constituted , that is , freely , equally and successively chosen , according to its originall intention ) may ever stand and have its course . and therefore we shall apply our desires , chiefly to such things , as ( by having parliaments setled in such a right constitution ) may give most hopes of justice and righteousnesse , to flow downe , equally to all , in that its ancient channell , without any overtures , tending either to overthrow , that foundation of order and government in this kingdom , or to ingrosse that power for perpetuity into the hands of any particular persons , or party whatsoever . and for that purpose , though ( as we have found it doubted by many men minding sincerely the publique good , but not weighing so fully all consequences of things ) it may and is not unlike to prove , that , upon the ending of this parliament , and the election of new , the constitution of succeeding parliaments ; ( as to the persons elected ) may prove for the worse many wayes ; yet since neither in the present purging of this parliament , nor in the election of new , wee cannot promise to our selves , or the kingdome , an assurance of justice , or other positive good from the hands of men , but those who for present appeare most righteous and most for common good ( having an unlimited power fixed in them during life or pleasure ) in time , may become corrupt , or settle into parties , or factions ; or , on the other side , in case of new elections , those that should so succeed , may prove as bad or worse then the former . wee therefore humbly conceive , that , ( of two inconveniencies the lesse being to bee chosen ) the main thing to be intended in this case ( and beyond which humane providence cannot reach , as to any assurance of positive good ) seemes to be this , viz. to provide , that however unjust or corrupt the persons of parliament-men , in present or future , may prove ; or whatever ill they may doe to particular parties ( or to the whole , in particular things , ) during their respective termes , or periods , yet they shall not have the temptation or advantage of an unlimited power fixt in them during their own pleasures , where by to perpetuate injustice and oppression upon any , ( without end or remedy , ) or to advance and uphold any one particular party , faction or interest whatsoever , to the oppression or prejudice of the community , and the enslaving of the kingdome unto all posteritie , but that the people may have an equall hope , or possibility , if they have made an ill choice at one time , to mend it in another ; and the members of the house themselves may be in a capacitie , to taste of subjection as well as rule , and may so be inclined to consider of other mens cases , as what may come to be their owne . this we speake of , in relation to the house of commons , as being entrusted , on the peoples behalfe , for their interest in that great and supreame power of the common-wealth , ( viz. the legislative power , with the power of finall judgement , ) which being in its own nature , so arbitrary , and in a manner unlimited ( unlesse in point of time ) is most unfit and dangerous ( as to the peoples interest ) to be fixt in the persons of the same men during life , or their own pleasures . neither , by the originall constitution of this state , was it , or ought it to continue so , nor doth it ( where-ever it is , and continues so ) render that state any better then a meere tyranny ) or the people subjected to it , any better then vassalls : but in all states , where there is any face of common freedome , and particularly in this state of england ( as is most evident , both by many positive lawes , and ancient constant custome ) the people have a right to new and successive elections unto that great and supreame trust , at certain periods of time , which is so essentiall and fundamentall to their freedome , as it is , cannot , or ought not , to be denied them , or withheld from them , and without which the house of commons is of very little concernment to the interest of the commons of england . yet in this wee would not be mis-understood , in the least , to blame those worthies of both houses , whose zeale to vindicate the liberties of this nation , did procure that act for continuance of this parliament ; whereby it was secured from being dissolved at the kings pleasure , ( as former parliaments had been ) or reduced to such a certainty , as might enable them the better to assert and vindicate the liberties of this nation , ( immediately before so highly invaded , and then also so much endangered . ) and these wee take to be the principall ends and grounds , for which , in that exigency of time and affaires , it was procured , and to which we acknowledge it hath happily been made use of ; but we cannot thinke it was by those worthies intended , or ought to be made use of , to the perpetuating of that supreame trust and power in the persons of any during their owne pleasures , or to the debarring of the people from their right of elections ( totally new ) when those dangers or exigencies were past , and the affaires and safety of the common-wealth would admit of such a change . having thus cleared our grounds and intentions ( as wee hope ) from all scruples and mis-understandings , in what followes we shall proceed further to propose what wee humbly desire for the setling and securing of our owne and the kingdomes rights and liberties , through the blessing of god to posterity ; and therefore upon all the grounds premised , we further humbly desire as followeth ; . that some determinate period of time may be set , for the continuance of this and future parliaments , beyond which none shall continue , and upon which new writs may of course issue out , and new elections successively take place according to the intent of the bill for trienniall parliaments ; and herein we would not be misunderstood to desire a present or sudden dissolution of this parliament , but only ( as is exprest before ) that some certain period may be set for the determining of it , so as it may not remaine ( as now ) continuable for ever , or during the pleasure of the present members ; and we should desire that the period to be now set for ending this parliament , may be such as may give sufficient time for provision of what is wanting and necessary to be passed in point of just reformation , and for further securing the rights and liberties , and setling the peace of the kingdome . in order to which we further humbly offer . that secure provisions may be made for the continuance of future parliaments , so as they may not be adjournable or dissolveable at the kings pleasure , or any other wayes then by their own consent during their respective periods , but at those periods each parliaments to determine of course as before . this we desire may be now provided for ( if it may be ) so as to put it out of all dispute , for future , though we thinke of right , it ought not to have beene other wise before . and thus a firme foundation being laid in the authority and constitution of parliaments for the hopes , at least , of common and equall right and freedome to our selves and all the free-born people of this land ; we shall for our parts freely and cheerefully commit our stock or share of interest in this kingdome , into this common bottome of parliaments , and though it may ( for our particulars ) goe ill with us in one voyage , yet we shall thus hope ( if right be with us ) to fare better in another . these things we desire may be provided for by bill or ordinance of parliament to which the royall assent may be desired : when his majestie in these things , and what else shall be proposed by the parliament , necessary for securing the rights and liberties of the people , and for the setling the militia and peace of the kingdome , shall have given his concurrence to put them past dispute , we shall then desire that the rights of his majestie and his posterity may be considered of , and setled in all things , so far as may consist with the right and freedome of the subject , and with the security of the same for future . we desire , that the right and freedome of the people , to represent to the parliament by way of humble petition , their grievances ( in such things as cannot otherwise be remedied then by parliament ) may be cleared and vindicated . that all such grievances of the people may befreely received and admitted into consideration , and put into an equitable and speedy way , to be heard , examined , and redressed ( if they appeare reall ) and that in such things for which men have remedy by law , they may be freely left to the benefit of law , and the regulated course of justice , without interruption or checke from the parliament , except in case of things done upon the exigency of warre , or for the service and benefit of the parliament and kingdome in relation to the warre , or otherwise , in due pursuance and execution of ordinances or orders of parliament , more particularly ( under this head ) we cannot but desire , that all such as are imprisoned , for any pretended misdemeanor , may be put into a speedy way for a just hearing and triall , and such as shall appeare to have been unjustly and unduly imprisoned , may ( with their liberty ) have some reasonable reparation according to their sufferings and the demerit of their oppressors ; that the large powers , given to the committees or deputy lieutenants during the late times of war and destraction , may be speedily taken into consideration , that such of these powers as appeare not necessary to be continued , may be taken away , and such of them as are necessary may be put into a regulated way , and left to as little arbitrarinesse , as the nature and necessity of the things wherein they are conversant will beare . we could wish that the kingdom might both be righted and publikely satisfied in point of accounts , for the vast summes that have been levyed and paid , as also in divers other things wherein the common wealth may be conceived to have beene wronged or abused ; but we are loath to presse any thing , that may tend to lengthen out further disputes or contestations , but rather such as may tend to a speedy and generall composure , and quieting of mens minds , in order to peace , for which purpose we further propose . that ( publique justice being first satisfied by some few examples to posterity out of the worst of excepted persons , and other delinquents , having past their compositions ) some course may be taken ( by a generall act of oblivion or otherwise ) whereby the seeds of future warre , or fewds , either to the present age , or posterity , may the better be taken away , by easing that sence of present , and satisfying those feares , of future ruine or undoing , to persons or families , which may drive men into any desperate wayes for selfe preservation or remedy , and by taking away the private remembrances and distinction of parties , as farre as may stand with safety to the rights and liberties wee have hitherto fought for . there are ( besides these ) many particular things which we could wish to be done , and some to be undone , all , in order still to the same ends , of common right , freedome , peace , and safety . but these proposalls aforegoing , being the principall things we bottome and insist upon , wee shall ( as we have said before ) for our parts acquiesce ; for other particulars in the wisdome and justice of parliaments . and whereas it hath been suggested or suspected , that in our late , or present proceedings , our design is to over throw presbyterie , or hinder the settlement thereof , and to have the independent government set up , we doe clearely disclaime , and disavow any such designe ; we onely desire that according to the declarations ( promising a provision for tender consciences ) there may some effectuall course be taken according to the intent thereof ; and that such , who , upon conscientious grounds , may differ from the established formes , may not ( for that ) bee debarred from the common rights , liberties , or benefits belonging equally to all , as men and members of the common wealth , while they live soberly , honestly , and inoffensively towards others , and peaceably and faithfully towards the state . we have thus freely and clearely declared the depth and bottome of our hearts and desires in order to the rights , liberties , and peace of the kingdome , wherein we appeale to all men , whether we seeke any thing of advantage to our selves , or any particular party whatever , to the prejudice of the whole , and whether the things we wish and seek , doe not equally concerne and conduce to the good of others in common with our selves , according to the sincerity of our desires and intentions ; wherein , ( as we have already found the concurrent sence of the people in divers counties by their petitions to the generall , expressing their deepe representment of these things , and pressing us to stand for the interest of the kingdome therein ; so we shall wish and expect to find the unanimous concurrence of all others , who are equally concerned with us in these things , and wish well to the publike . and so trusting in the mercy and goodnesse of god to passe by and help any failings or infirmities of ours , in the carriage or proceedings hereupon , ) we shall humbly cast our selves and the businesse upon his good pleasure , depending onely on his presence and blessing for an happie issue to the peace and good of this poore kingdome , in the accomplishment whereof , we desire , and hope , that god will make you blessed instruments . june th . . by the appointment of his excellency sir thomas fairfax , with the officers and souldiery of his army , signed , io : rushworth secretary . finis . by the king, a proclamation for reassembling the parliament england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for reassembling the parliament england and wales. sovereign ( - : charles ii) charles ii, king of england, - . england and wales. privy council. broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall, the th day of june . in the nineteenth year of our reign." imperfect: folded, with slight loss of print. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for reassembling the parliament . charles r. whereas our parliament now in being stands prorogued till the tenth day of october next , we having had reason to believe at the time of the said prorogation , that our affairs might have permitted the attendance of the members of both houses on our service and their own occasions in their respective countries , until that time : we now finding this our kingdom invaded during a treaty of peace , and esteeming our self ever most safe in the advice and affection of our people in parliament , have therefore , and for divers urgent causes moving us thereunto , thought fit , and resolved by and with the advice of our privy council , to call together both our houses of parliament ; and do therefore hereby straitly charge and command all and every the lords spiritual and temporal , and all knights of shires , citizens of cities , burgesses of boroughs , and barons of the cinque-ports of this present parliament , that they and every of them do personally appear , reassemble themselves , and give their attendance at westminster on the twenty fifth day of july next , then and there to treat and advise of the weighty affairs of our kingdom ; and all assistants of our house of peers , and officers and ministers of either house of parliament , are hereby required and enjoyned to give their attendance accordingly . given at our court at whitehall , the th day of june . in the nineteenth year of our reign . god save the king. in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . two letters of note the one master speakers letter ordered by the honorable house of commons to the high sheriffe and gentry of yorke-shire : the other from the lords of the counsell in ireland to the high court of parliament here in england, &c. lenthall, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) two letters of note the one master speakers letter ordered by the honorable house of commons to the high sheriffe and gentry of yorke-shire : the other from the lords of the counsell in ireland to the high court of parliament here in england, &c. lenthall, william, - . ireland. lords justices and council. p. printed for e. coules, london : [i.e. ] first letter dated at end: martii, . attributed to william lenthall. cf. nuc pre- . year of publication from thomason coll. reproduction of original in thomason collection, british library. eng england and wales. -- parliament. great britain -- history -- charles i, - . ireland -- history -- rebellion of . a r (wing l ). civilwar no two letters of note, the one master speakers letter, ordered by the honorable house of commons, to the high sheriffe, and gentry of yorke-sh lenthall, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion two letters of note , the one master speakers letter , ordered by the honorable house of commons , to the high sheriffe , and gentry of yorke-shire , the other from the lords of the counsell in ireland , to the high court of parliament here in england , &c. the names of the lords . corke . loftus . ormond . ridgway . kildare . munster . carey . courtney , &c. h. elsings cler. par. d. com. london printed for f. coules . master speakers letter . sir , the house hath received information by letters from your selfe , that the malice of some hath proceeded so far of late , as to endevour first , to perswade your countrey , that the petition to the parliament were ill rellished by this house . and that your free offers therein of putting your selves into a posture of defence , hath given such testimony of our abilities , that it hath utterly taken away the hopes of paying your billet mony , till the parliament knowes not how else to dispose of it . secondly , to cry down exercises ( which have already done much good ) and to draw off some ministers by perswading them that they are not acceptable to this house . thirdly , that some in holdernesse have disswaded the trained bands from going unto hull upon the parliament order . which information of yours , the house takes for an especiall service , and for so full a testimony of your fidelity to the parliament , and of love to your country , as they hold it an evident character of your worth , and for this commands me to give you very hearty thanks , and to desire you in the name of the house to declare to the country , how false and malicious these reports are : since the house was so far from disrellishing their petitions , or turning their free offer to their disadvantage , as that they returned their publike thanks when the petition was receaved : passed a vote to approve of their offer & since by another vote justified them in the same act upon his majesties taking notice thereof . and have since ordered that the same counties which paid their polemony heretofore at yorke , shall now pay all their proportions of the bill of foure hundred thousand pounds shortly to be raised to the discharge of the billet mony in your county and those other counties where it is owing , which if it shall not fully satisfie , they will discharge as soone as the great necessities of the kingdome can possibly permit . and likewise they command me to let you know that they doe very much wonder at the impiety and impudence of those men who dare to hinder the advancement of the glory of god , and of his worship . and also to scandalize the piety of this house in so high a measure , as to say those good ministers endeavours are not acceptable to it , they accounting it their greatest honour to patronize painfull preachers in the performance of their duties . and being resolved to cherish and advance with their utmost power , whatsoever may tend to the propagating of religion of which they hold those exercises to be an especiall means . this house therefore being very sensible of the great inconveniences which may happen by their misreports in these distracted times , and from the malice of these men , if it should proceed uncontrolled desires , & enjoyns you to return the names aswell of those who have vented these untruths , as likewise of those who have disswaded the trained bands in holdernesse , from entring into hull upon the parliaments order : perswading themselves that you who have already given such proofe of your affection to the kingdome , will still continue it by your endeavours , to prevent the practises of any ill-affected persons upon any of that county , to the disturbance of the peace . die mercurii . martii , . it is this day ordered by the house of commons now assembled in parliament , that this letter be forthwith printed . h. elsyngs cler. parl. d. com. a letter from the lords of the covncell in ireland to the high court of parliament here in england assembled , &c. right honorable , the present distractions and troubles raised in this kingdome by the rebellion of the catholique partie still increasing more dangerous and perillous to this kingdome , inforced us again to apply our addresses to the high court of parliament for speedy prevention of the same , with great joy and thankfulness , acknowledging the vigilant care and painfull endeavours of the same hitherto , to relieve us in our present troubles . that your lordships have manifestly shewed your noble and affectionate desires to preserve and defend this kingdom from utter ruine and desolation , by your willing and cheerfull concurrence , with the honorable house of commons , in all their proceedings for our assistance : and removing the obstructions and hinderances that have been procured in expediting the same by evill and malignant instruments , the prelaticall faction , in taking away their votes , and sitting in parliament , which hitherto we conceive have been much prejudiciall , and of great disadvantage to our timely assistance . the noble courage and magnanimity of the parliament , in wading thorow all troubles and distemper of state , hath infused into our drooping spirits life and vigour , which were ready to faint with despaire , but holden up with confident assurance of your tender 〈◊〉 and indulgent affections towards us in our miseries , we received strength and courage , not doubting but at length through gods mercy , and your provident wisdoms we should have reliefe and remedy against our enemies . we now humbly inform your lordships of the present condition now standing , viz. the county of cork is wholly subdued by the rebels , l●mster , munster , and vlster , even at the last gasp of yeelding up themselves . the earle of corke hath lost all his lands and meanes , and this kingdome in apparent hazard of utter confusion and ruine , unlesse your wisdomes prevent it in time by a speedy supply of more men , money , and munition . the rebells are growne to that height of impudency and boldnesse , that they give forth in their declarations , they fight in defence of the honour and prerogatives of their king and queene . and we are credibly given to understand , they have presumed to send a letter to his majesty , intimating they take armes only for the preservation of his majesty , and his rightfull government over them , his queene and posterity , the defence of their religion , lawes , and liberties , in the exercise of the same . that they take not armes , as did the scots , for lucre of gaine , to raise their own fortunes by the ruin of others , but only out of conscience and duty to god , and his majesty ; which by their inhumane and savage behaviours since their rebellion , have manifested to the contrary . we rejoyce with great thankfulnesse , that the wisdome and care of your lordships , and the house of commons , have provided and sent over for our 〈…〉 assistance , such worthy and valiant commanders , 〈◊〉 whose prowesse and magnanimity , many great overthrowes and victorious exployts have been atchi●●●● against the rebells in divers places of this kingdome to the great refreshing and encouragement of the 〈…〉 sed protestants . our further desires therefore are that the high court of parliament would be pleased to proceed in expediting that effectuall remedy , to reduce this kingdome to due obedience to the crowne of england , and the lawes and ordinances of the states of both kingdoms , their designe in agitation upon the propositions propounded by the house of commons , for the speedy raising of money for that purpose , of such persons willing to be purchasers , by their monies and persons , of the lands won and obtained by the rebells , and our endeavours shall not be wanting to comply with them in the same to the losse of our lives and fortunes . from his majesties castle of dublin , march . . . finis . a speech spoken in the honourable house of commons. by sir iohn maynard knight of the bath, one of the . impeached members, wherein he hath stated the case of lieutenant colonel iohn lilburne, and done him more reall service, in procuring his liberty, then all his seeming friends in the kingdome. whereunto is annexed the copie of a petition presented august . . to the honourable house of commons, subscribed by neare ten thousand persons, in the behalfe of l.c. john lilburn, with the answer, orders, and proceedings of the lords and commons thereupon. maynard, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a speech spoken in the honourable house of commons. by sir iohn maynard knight of the bath, one of the . impeached members, wherein he hath stated the case of lieutenant colonel iohn lilburne, and done him more reall service, in procuring his liberty, then all his seeming friends in the kingdome. whereunto is annexed the copie of a petition presented august . . to the honourable house of commons, subscribed by neare ten thousand persons, in the behalfe of l.c. john lilburn, with the answer, orders, and proceedings of the lords and commons thereupon. maynard, john, sir, - . p. printed for i. harris, london : aug. . . reproduction of the original in the british library. eng lilburne, john, ?- -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a speech spoken in the honourable house of commons.: by sir iohn maynard knight of the bath, one of the . impeached members, wherein he h maynard, john, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a speech spoken in the honourable house of commons . by sir iohn maynard knight of the bath , one of the . impeached members , wherein he hath stated the case of lieutenant colonel iohn lilburne , and done him more reall service , in procuring his liberty , then all his seeming friends in the kingdome . whereunto is annexed the copie of a petition presented august . . to the honourable house of commons , subscribed by neare ten thousand persons , in the behalfe of l. c. john lilburn , with the answer , orders , and proceedings of the lords and commons thereupon . london , printed for i. harris , aug. . . a speech spoken by sir iohn maynard , kt. of the bath , in the honourable house of commons , july , . . &c. mr. speaker , wee are called hither as trustees and representatives of the people ; and it is our duty to represent to you the grievances of any , which are injured , or oppressed , and to be as carefull of them as of our selves , being the essentiall part of our priviledges . the law of the land is every englishmans birth-right , and you are the conservators of the law , in which is wrapped up our lives , liberties and estates . mr. speaker , without any further preamble , or introduction , i shall acquaint you briefly with the sufferings of lieut. col. john lilburne , who hath been imprisoned two yeares illegally by the lords , who by law have no jurisdiction over commoners in criminall cases , against their wills . about foure yeares since , there was a great falling out betwixt col. king , and lieut. col. lilburne , his officer ; both faithfull men to your service , and of high spirits , fierce and resolute : the difference grew to such a hight , that lieut. col. lilburne complained to his commander in chiefe the earle of manchester , that col. king had betrayed crowland , &c. and humbly besought his lordship to call a councell of warre , and he would make good his accusation : the earle of manchester hoping to compose the difference , put it off , and lieut. col. lilburne persisted ; but seeing justice delayed , he came to london , and divulged abroad that col. king was a traytor to his trust : whereupon col. king sued him at the common law in an action of . l. and lieut. col. lilburne applyed himselfe to the house of commons , and prayed that the whole busines might be heard and tryed at a councell of warre , by that ordinance which was established in the earle of essex articles , they being both souldiers , and having subjected themselves to the law-martiall ; for lieut. col. lilburne knew by the letter of the common law he was gone , it being treason by the common law to hold a fort or castle against the king . it seemes this busines depended before judge reeves , who was a faithfull worthy judge , and never descerted the parliament , but adheared when we were in the lowest condition : but lieut. col. lilburne being young and hot , writ a letter to judge reeves , wherein he expressed himselfe in acrimonius language , which had better been forborn ; but in a satyricall way he shewed how he was hardly dealt withall by himselfe and the earle of manchester , and spake truth in sharpe language ; viz. that the judges took many extraordinary fees which they could not justify by law , and that their proceedings in their courts were so irregular , that no man knew where to find them ; and that the earle of manchester had delayed him justice , &c. whereupon he was convented before the lords , the earle of manchester being speaker of the house of peeres , pro tempore : his lordship asked lieut. col. lilburne whether he did not deliveto judge reeves such a scandalous paper : lieut. col. lilburne answered , that his lordship was judge and party in his own cause ; that he was in england and not in spain , and the quere put unto him was like the oath ex officio , which proceedings they themselves had condemned as tyrannicall and unjust , a little before in his own case ; and by law no man ought to be asked such an ensnaring question , whereby he might condemne himselfe ; and that if he had offended , the law was open , and therefore he appealed to the house of commons , as his competent judges , being his peeres and equals , and then delivered his protest against their jurisdiction . vvhereupon he was commanded to withdraw , and committed to prison for so doing . not long after he was sent for a second time before the lords , and commanded to kneel , which he absolutely refused , as a subjection to their jurisdiction , so they remanded him to prison to be kept close , not suffering wife , child , or any other friend to come to him for the space of three weekes , nor suffering him to enjoy the benefit of pen , ink , or paper . after three weeks imprisonment , he was again forced before the lords , into whose house he went with his hat on his head , and being there , refused to heare his charge read ; which was rashly done , but you know master speaker , what solomon saith , oppression will make a wise man mad : but after lieut. col. lilburne had made this one fault , ( for i conceive he had committed none before , but that the injustice rested upon the lords ) he was fined foure thousand pounds for his contempt , and seven yeares imprisonment . vpon the whole matter i beseech you judge in point of law and equity , whether this was not like a councel table , or starchamber sentence ? and i pray observe likewise the warrant , which the judges confessed was illegall , when lieu. col. lilburne pleaded upon his habeas corpus . i shall acquaint you with some presidents , that you have relieved commoners committed by the lords , and fined in this parliament in the like case . col. king having a difference with the lord willoughby of parham , the lords took upon them to heare the cause , against col. kings will , fined him five hundred pounds , and committed him to the fleet ; col. king appealed to the house of commons , and shewed that the lords had no jurisdiction over him ; and so was released by the house of commons , and the fine discharged . captain mazy , under the command of col. manwaring , being on the guards , who had opened the commissioners of scotlands packets , being for the same committed to the fleet , the house of commons released him , and enclined to have rewarded him : the case was the same with this . and the like proceedings of master william larner , bookseller , his brother , and maid . but that which is most observable , is , that master richard overton who affronted the lords more then lieut. col lilburne , and protested to the lords faces against them , at his first comming before them , and afterwards appealed to the house of commons , and all the commons of england , and particularly to the generall and whole army : notwithstanding the lords approved of his protestation , by their releasing him out of prison , without any stooping to them : yet lieut. col. lilburne hath lain two yeares and above in prison , and all his estate kept from him , to the hazard of sterving him , his wife , and children . master speaker , you have heard the report at large made by master maynard , and thereupon you gave him his liberty to follow his affairs , though you did not absolutely determine the busines ; but such is his misfortune . that he is since committed by a warrant of this house , upon the single information of one master masterson a minister , who was not sworn : and truly master speaker , i conceive it one of his greatest sinnes and errors that he hath committed , viz. his idolizing this house , for he beleeves that you are the supream authority , and the chiefe judicatory , in representing the people , from whom all povver is derived , according to that maxim * quicquid efficit tale , est magis tale : but i have shewed him the contrary , as you may find it in the first of henry the fourth , membrana . numero . there the commons made their protestation that they had no jurisdiction but in making of lawes , and money matters , as granting of subsidies , &c. and truly i conceive it not honourable , nor just , that we , that are legislators , should be administrators or executioners of justice ; but to leave these petty things to the constables , justices and judges , whom we may call to question , and punnish if there be occasion . master speaker , i dare not speake against your warrant , for what is past ; but i pray observe , it is a prison dore with two locks and bolts upon it , so that it is impossible the prisoner should ever get out , but dye in prison . lieut. col. lilburne is committed in order to his tryall at law , and yet is debarred all law ; for upon his pleading , when he had brought his habeas corpus , the judges confessed the warrant to be illegall , and yet they durst not release him : secondly , the cause is generall , which is nothing in law , viz. for treasonable and seditious practises , &c. but sir ed. cooke tels us the particular treason is to be expressed , and that which is worst of all , the word of god doth not warrant it : for festus the pagan and corrupt judge , who expected a bribe from poore paul , would not send him to cesar without specifying the cause in his mittimus . it is not in the power of parliaments to make a law against the law of god , nature , or necessary reason : and it was the chiefe cause why empson and dudley , those favourites and privy councellors to henry . were beheaded , as it appeares in the indictment , which you may read in the . part institutes , chap. court of wards , for the subverting the fundamentall lawes of the land : they had an act of parliament for their indempnity , as the . of hen. . wherein the judges were authorized to proceed by information , whereas by law it should have been by indictment , and they were to judge by discretion , which was contary to law , for it ought to have been by juries of . men . i brseech you for the time to come that we commit none but our own members , and that we avoid these old counsell table warrants , which runne in generals , during pleasure , which was the cause of that excellent law , got with so much difficulty , called the petition of right , and that for abolishing the starchamber , and regulating the counsell table , is not inferior to it . i pray let us remember and apply it to our selves : how dangerous and fatal it hath ever been for kings to extend and stretch their prerogatives above and beyond law : for the same fate befell the counsell-table , starchamber , and high commission . and i pray let us keep our selves within our sphere , and not make our priviledges , entia , transcendentia , * which are not to be found in any predicament of law . as touching generals , i pray remember what you your selves declared in answer to the king , in the case of the lord kimbolton and the five members accused , and alderman pennington , alderman foulk , col. ven , and col. manwaring , viz. that it is against the rules of justice that any man should be imprisoned upon a generall charge , when no particulars are proved against them , part book decl. pag. , . but leaving that , i shall acquaint you what this brave invincible spirit hath suffered and done for you : he was persecuted by the bishops , had five hundred stripes with knotted cords , from the fleet to westminster , there he was pilloried , and gagged , lay long in a nasty close prison in irons , without pen , inke , or paper , or any company : alas ! i cannot remember halfe his sufferings : this in his youth , when he was but about twenty yeares of age , from which murdering imprisonment this parliament set him free , with dr. bastwick , &c. shortly after he was questioned for his life at the lords barre , for asserting the priviledges of parliaments , and was accused by a single witnesse of treason , but he was cleared by other witnesses , and discharged by the lords : when the parliament was to be forced , he fought with the cavaliers , and brought many friends to assist in the court of requests , he was one of the first that took up armes , and behaved himselfe bravely at keinton , where he kept the field all night : afterwards he fought stoutly at brainford , was taken prisoner , and used cruelly , and got a pestilentiall feaver in the castle of oxford : he was arraigned for his life before sir robert heath , and sir thomas gardiner , where he asserted the parliaments cause , having the observator without book , and spake more for us , then many of us are able to speake for our selves : he relieved with money , and held up the spirits of his fellow prisoners ; he resisted strong temptations from severall great lords , who offered him great preferment ; he was an emminent actor in that famous battle at maston moore , and took in tickhil castle with only foure troops of dragoones , and for his paines had like to have been hang'd ; you must pardon me for injuring him , for i am not able to remember halfe his services to the publique . for all his sufferings and actings for you , i beseech you first take off the marke of your own displeasure , which wounds him to the heart . secondly , that you would discharge him from the lords imprisonment . and lastly , that you would pay him his arreares , and passe the order into an ordinance for the . l. out of the estates of those which gave that barbarous , cruell , bloody , tyrannicall judgement against him in the starchamber , they are your own expressions in your vote of may . . master speaker , i have forgot one materiall thing , which is this ; you have allowed lieutenant colonel lilburne forty shillings a weeke , but he hath not received a pennie , neither is he in any hope of it , for he cannot flatter , or comply , besides this supposed gift of yours hath almost starved him , his friends in the country thinking he had received it having thereupon withdrawn their benevolence , and he and his family therby exposed to want and misery . after sir iohn maynard , commissary copley &c. had several times moved the house to take the busines into consideration , the house was pleased to referre it till tuesday following , being august . . on which day the petition hereunto annexed , was by severall eminent citizens , presented to the honourable house of commons , after a motion made in the house by the lord car , who exceeding nobly of his own accord , appeared in his behalfe , being a meer stranger to him , and having no other inducement thereunto , then his love to justice , and an heroick sympathy with him in his unparralleld sufferings . to the honourable the commons of england in parliament assembled . the humble petition of divers wel-affected citizens , and others , in the behalfe of lieutenant colonel iohn lilburne , prisoner in the tower of london . sheweth , that the general good of the whole nation is so much concerned in the honour and good repute of parliaments , that although in our understandings we have received no satisfaction , for the long destructive imprisonment of lievtenant god , lilburn ; yet we chose rather to be silent , in the same , expecting from time to time his enlargement by this honourable house , then by our petitions to intercede , in his behalfe . but observing not only his own endeavours , and dayly solicitations to be fruitlesse but that whilest he sought his freedome from the imprisonment of the lords , he became a prisoner unto you ; and perceiving many of his greater friends , in whom he much trusted ( as changed with time ) turned their backs upon him , and that many of the common enemies made advantage by the hard usage of so eminent a friend , to alienate the hearts of the people from you , and which , as we feare , hath had no small influence in those unhappy risings and revolts that have been seen of late against you . we hereupon judged our selves bound in duty and conscience both to you and him , at this time to break our silence , and to testify before this honourable house , that we verily believe there is no declination in him from those just principles that induced him , to oppose the tyrannous proceedings of the starchamber , and for which he under-went so cruell a whipping , gagging , and imprisonment , as this honourable house voted to be illegall , against the liberty of the subject , and also barbarous , bloody , wicked , cruell , and tyrannicall , and that he ought to have good reparations therefore . neither do we believe there is any alteration in him , from that judgement and affection that in defence of the just , authority of this honourable house , induced him so freely to venture his life , and spend his blood at westminster , when first this house was in most danger ; or after that at keinton battle , and brainford , whence he was led captive in a most barbarous manner to oxford , where he was so many wayes in danger of his life , that had not this honourable house at that time , manifested a most tender regard unto him , he had certainly perished . we also professe our selves fully perswaded , that as he afterward most thankefully , valiantly , and successfully again adventured his life , for the just liberties of the common-wealth , so if occasion should minister opportunity , he would evidence himselfe still to be the same he then was . and concerning his demeanour before the lords , and for which they sentenced him l . seven yeares imprisonment , and incapable of bearing any office in the common wealth during his life : when you shall please to consider that he really lookt upon himselfe as injured in all their proceedings with him ; and not only so , but that if he should in the least circumstance , or civil complement , have owned their authority over him , being a commoner , that therein he should have betrayed those common known liberties of the nation , for which he had so freely spent his blood , and so many wayes adventured his life , inasmuch as in him was subjugated all the men and women in england to the illegall summons , attachments , sentence , fines , and imprisonments of the lords : and when you shall be pleased to mind the late strong allegations of sir iohn maynard , sir iohn gayer , alderman adams , alderman langham , and alderman bunce ; whereby it clearely appeareth , that the law of the land appoints another way for the tryals of commoners , ( and upon all which allegations they are all enlarged ) we trust his demeanour before the lords will evidently appeare to be no wayes criminall . and concerning the cause of his commitment by you , when you shall consider how probable it was , that the party informing was transported in his apprehension of things never intended , the whole company present , except the informer , all wel-affected persons , being ready to depose upon oath , that there was not the least evil mentioned , as by a petition long since presented to this house , is manifest — when you shall consider how hard and uncertain a condition it is for him , and in him , for all the people of this nation to be made lyable ( by any authority whatsoever ) to be attached and imprisonned upon generall accusations , which in law are no crimes , as judge bacon and judg rols in the open court lately declared in his case , the particular offence being of right to be incerted in every warrant of commitment , by whomsoever — when you shall please to consider that all commitments of right ought to referre to a speedy tryall at law , and not during pleasure , as your commitment to him hath proved , which is another hard condition we are all made subject to in his case . when with serious deliberation you shall weigh these things , and what it is for a man born of a generous parentage that hath done and suffered so much for the liberties of his country , and for defence of this parliament , to be made a prisoner for no lesse then . yeares by the lords , who have no jurisdiction over him : and appealing to the house of commons , ( who ought to be the refuge of commoners ) not only not to be relieved , but by them , upon mis information , and that by one single person , to be as it were rivited in prison , to continue above two of those . yeares , as he hath done , forcibly with-held from a legall tryall , though continually cryed out for by him : to have his dearly purchased arreares , and voted reparations , to a great value held from him , whilst in seeking the same he hath spent nigh halfe the value , to the great indebting of himselfe , as he confidently averreth : and all this time to have no allowance to maintain himselfe , his wife and children , but that they must either starve , or depend upon the uncertain ( and to a free and ingenious mind , the unwelcome ) charity of compassionate people , and that also to be taken from him , by your voted allowance of thirty shillings per weeke , whereof no one pennie hath been paid , as he is ready to testify , and was enforced to make known , or had perished , so much his friends depended thereupon , ( as well they might ) being by some mens art , confidently published in severall of the weekly pamphlets . when you shall seriously lay these things to heart , and judge impartially thereof , as if his case were one of yours , we cannot but confidently hope his instant enlargement , with full possession of all that hath of a long time been due unto him , and that he shall receive such further respect as may encourage him , and all others in the wayes of publique vertue , fidelity , and resolution . all which we most earnestly entreat : again professing from our very hearts , we see no cause in him , but that the affection of this honourable house may justly be the same towards him , as it was when they voted him worthy of reparations for his cruel suffering by starchamber , or delivered him from his many dangers at oxford — and which being added unto those , would bind both him and us , and all well affected people in constant affection and service to this honourable house . but if this ( for reasons we cannot discern ) shall not be granted , we yet humbly entreat that you would he pleased forthwith to order him a speedy and legall tryall by twelve sworn men , according to the known law of the land ; a justice not to be denyed to traytors , vagabonds , or your worst of enemies . but if this also shall be denyed , by a parliament of england , ( as our hearts will not give us leave to imagine ) we shall not then well know what to do , unlesse it be to bewaile his sad condition , and ours in him . this petition being read in the house , having nigh ten thousand hands to it , the house of commons in answer , made these following orders . die martis , . august , . ordered by the commons assembled in parliament , that the order of restraint of lieutenant colonell john lilburn , be taken off , and discharged . ordered that a message be sent to the lords , expresly to recommend lievtenant colonel lilburne , and to desire them to take off their hands of restraint from him , and that the lord car carry up the message : mr. copley , sir iohn maynard , mr. holland , col. ludlow , the lord car , sir peter wentworth , and col. boswel , ordered that it he referred to this committee to consider how lieutenant colonel lilburne may have satisfaction and allowance for his sufferings , as was formerly voted . ordered that it be recommitted to the committee of accounts to state the accounts of lieutenant colonel iohn lilburne . ordered that a conference be desired by the lord car , where sir iohn maynard , and master copley are to manadge the conference with the lords , for the enlargement of lieutenant colonel iohn lilburne . hen. elsing . cler. parl. d. com. the house of commons having ( to the great contentment of the petitioners , and all other wel-affected persons , ) passed the foregoing orders , the next day the lord car , ( to whom , together with sir john maynard , mr. copley ; &c. mr. lilburn is deeply engaged for their faithfull and constant endeavours for his liberty ) carryed up the desire of the house of commons to the house of lords ; whereupon they immediatly made this ensuing order . die mercurii , . aug. . ordered by the lords in parliament assembled , that lieutenant colonel john lilburne now a prisoner in the tower of london , hath all the restraint of this house hereby taken off from him , and that the fine & sentence imposed upon him by their lordships is likewise taken off him , any former proceedings of this house in any wise notwithstanding . john brown , cler. parl. the hellish parliament being a counter-parliament to this in england, containing the demonstrative speeches and statutes of that court together with the perfect league made between the two hellish factions the papists and the brownists. taylor, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the hellish parliament being a counter-parliament to this in england, containing the demonstrative speeches and statutes of that court together with the perfect league made between the two hellish factions the papists and the brownists. taylor, john, - . [ ], p. s.n.] [london? : . attributed to john taylor. cf. bm. illustrated t.p. reproduction of original in thomason collection, british library. eng england and wales. -- parliament. great britain -- history -- charles i, - -- sources. a r (wing t ). civilwar no the hellish parliament being a counter-parliament to this in england, containing the demonstrative speeches and statutes of that court. toge taylor, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the hellish parliament being a counter-parliament to this in england , containing the demonstrative speeches and statutes of that court . together with the perfect league made between the two hellish factions the papists and the brownists . printed in the yeare , . the hellish parliament . his infernall majesty taking into his hellish consideration the great happinesse that now is towards england , and searing that his deare children , as well those of the romish faction , as of the brownists sect should have a terrible fall and their erroneous and seditious practises should be laid open : hee resolved ( if possible he could , to trouble the felicious proceedings of the parliament , and to that end having long consulted with the subtle iudges of his infernall empire , hee purposed to summon a counter parliament against that in england , and gave order that the most prudent politicke and impious sectaries within the bound of his dominions should bee assembled to debate propound , and propound , concerning divers important and very weightie ●ffaires . his minde was quickly fulfilled in such a manner that hee was overjoyed to see such a 〈…〉 rable company of his very diligentest ser●ants of each faction : therefore his infernalship to make it appeare how much he pleas'd therewithall bestowed on them a speech in this ungracious manner . most dearely beloved and adopted children , it is not unknowne to your hellish ucderstandings what great thunder-claps have falne upon our right trusty and wel-beloved servants the papists in england , by that wonder-working parliament now assembled , i give you now also to understand , that if there be not some speedy course taken , all will be lost ; for as soon as they have done with our deare servants the papists , they will begin with our best beloved sonnes the brownists . therefore ( as it ever hath beene ) so now such is our infernall care of the encrease of our servants , we have assembled this sinfull synod : rub therefore your hellish invention , and couragiously worke , striving who shall be forwardest to our ( i feare ) declining empire . let me heare your counsels , and i promise in all your endeavors you shal have my utmost assistance . then was there a great hubbub betweene the papists and brownists , concerning precedencie of speech ( indeed both are wicked great bawlers ) the papists being the elder faction , thought of right , prioritie of speech belonged to them . but though the brownists were the younger sir iohns , they were his infernalships nursle , most resembling him their father , and his most dearely beloved ; therefore they thought they should speake first , yet at last , after much squabling they yeelded . then silence being commanded , guy faulks was chose speaker for the papists , and after low obeysance made , he thus began ; most infernall emperour , we your obedient sonnes and servants the english romanists are here prostrate before you , and as dutifull servants doe all accord to doe you nocturnall and diurnall service . but ( great emperour ) we cannot choose but lament , when we remember the disastrous chances that have falne upon our forward intentions . you may remember with what heroicke stomackes we have complotted for the enlargement of your infernal empire , as in that fat all yeare , . when with such large summes we negotiated abroad , and at home endeavoured to conquer , for you , that same little angle of the world , england . and in that memorable yeere , . when we had hatcht such a giganticke stratagem , that our bird was almost ready to breake the shell . and now in . when we had made a breach between the english and scottish nations , a more hellish stratagem then which could not be invented . behold then with a serious eye , the grand enterprise of your deare children the romish faction . and ( profound emperour ) doubt not , but as we have heretofore , so we will stirre up all forrain power now at this last cast against the english parliament , and if that faile , flectere si nequeo superos acheronta movebo . thus ended bold guy faulks , and for the brownists , who d'ye thinke was chose ? samuel how , the most famous and renowned cobler , who thus began after he had hum'd his hoarse voyce up . dreadfull emperour , your most zealously affected children the society of separatists or non-conformists alias brownists most humble in al reverend & devoted posture , attend your service , and in the name of the whole dispersed tribe , i your zealous child and clyent , doe pronounce the ardent heat that burns in all our brests to effect your perpetrations , and whereas guy fauks hath extolled with a wide mouth the endevors of the romish faction , as if we ne'r could paralell them , verily ( most potent patron we have exceeded them many wayes ; for the brownists ( so trimly and slily ) have given such rubs and flaves to your enemies reputations , that ( i thinke verily ) they 'l never recover themselves of the wounds that we have given them . true it is being backt with forraine princes , they have undertook great endeavours , but never to any perfection . but we have not feared ( alas unarmed ) to outcry all danger , with what zeale have delivered your commands my selfe in the nags-head taverne neer colemanstreet , some in the fields , some in country villages , every one some-where : had we been furnished with forraine ayde , wee could have done more then ever they would have done . but what neede wee desire other power , since your infernall majesty doth so stiffely maintaine us . and we will requite your love , and will as we use to doe , in the same slye and slanderous and lying way forge and print any libels and untruths for the furtherance of your ignoble empire , and had wee armes to fight withall , wee would sprightfully and spitefully use them . after which arose a second fray betweene either faction , that their parliament house had like to afire , so hot were they at it , and pluto thought verily that hell would have broke loose , but cerberus hath proclaimed silence ; pluto with sterne and angy looke thus spake ; what meanes this noise , what meanes these angry threatnings ? such lookes ye ought to shew mine enemies ; this is not the way to inlarge , but destroy my empire ; contention overthrowes the greatest states ; therefore brethren-like ioyne hands against the common foe . you see how the parliament of england shakes us so much , that if you doe not bestir your selves we shall be quite undone , then they all imbraced mutually ; so , this is well done , hence goodwill doubly redound to us and our , which is your kingdome . then they craved instructions which they said should be as absolute statutes of that their most hellish parliament ; to which pluto most ioyfully accorded . then rhadamanthus presented their hellish worships with these acts following ; . that there be a strong and perfect league of friendship betwixt his infernall maiesties servants the papists and brownists . . that they should crosse , as much as in them lay , all good proceedings of the english parliament . . that the papists should excite forraine potentates against the said kingdome . . that the brownists should strow all libels about , especially such as tend to the disgrace of learning , his infernalship being an utter enemy to all sound literature . . that the brownists beare up , relieve , and mainetaine all contrivers of such libels , such as knave reviler hell . . that iohn taylor the water-poet be declared an open enemy to his infernalship and both the factions . thus wicked satan hath a double way , to worke his ends to hinder his decay , his agents are so many and so wicked bent , they care not for the truth so they 'r not shent if that the lions skin will doe no good , they 'l soone put on the cunning foxes hood , england repent , and for this parliament pray , sith th'devill strives to hurt thee every way . finis . the generall complaint of the most oppressed, distressed commons of england. complaining to, and crying out upon the tyranny of the perpetuall parliament at westminster. / written by one that loves, serves, and honours the king, and also holds the dignity of a parliament in due honourable regard and reverence. jo. ta. taylor, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the generall complaint of the most oppressed, distressed commons of england. complaining to, and crying out upon the tyranny of the perpetuall parliament at westminster. / written by one that loves, serves, and honours the king, and also holds the dignity of a parliament in due honourable regard and reverence. jo. ta. taylor, john, - . p. by l. lichfield, [oxford : ] jo. ta. = john taylor. caption title. imprint from wing. annotation on thomason copy: "oxon sept: th ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the generall complaint of the most oppressed, distressed commons of england.: complaining to, and crying out upon the tyranny of the perpet taylor, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the generall complaint of the most oppressed , distressed commons of england . complaining to , and crying out upon the tyranny of the perpetuall parliament at westminster . written by one that loves , serves , and honours the king , and also holds the dignity of a parliament , in due honourable regard and reverence . jo . ta. it is needlesse to demand , from what shire , county , city , corporation , town , burrough , village , hundred , hamlet , house , family , persons or person this complaint comes , for it were a rare search , and would trouble the braines of all the cunning men , and wisest mathemagicians , with all the judiciall astrologers , and fortune-telling figure-flingers , to tell us truly where this complaint is not . it is so universall epidemically generall , that whosoever hath not a greivous sence or remorcefull feeling of it , hath a soule stupified , and a conscience benum'd mortally with a dead palsie . we the most miserable amongst men , do make humble suite to you , who ( next to our sinnes and selves ) are the cause and causers of our miseries , you do best know the nature and condition of our greifes , you had the power , will and skill to wound us , and you have the art and knowledge to make us whole ; you have the secret vertue which is faigned to have been in achilles his launce , to hurt and cure . we are sure that the king most graciously eas'd and removed all our greivances , ( or as many as we complaind on ) there was not a monopoly , a tax , toll or tribute left , that was greivous or justly offensive , but they were all either made voyd , or mitigated , neither did his majesty deny you any thing that you did demand , nor you ever grant him any thing that he requested ; and to our griefes we speak it , it had bin better he had been more sparing of his royall grants , except you had more . loyally and gratefully dealt with him , and acknowledg'd them . we need not tell you , that the protestant religion is almost cast out of the kingdom by you . it is impertinent to give you notice how you have us'd the king , so that the meanest of your selves would be loath to be so dealt withall ; how we have been beggard and ruin'd by you , we know ▪ how you have inrich'd your selves by undoing us , you know , and when you will endeavour to seek peace , and cease those mischiefes which we suffer , god knowes . selfe do , selfe have , is an old english proverb . it is only our own doings that hath undon us , it was our tongues that extold you , it was our voyces that was your advancement , it was our noyses that elected you to that power , which you have turn'd into intollerable tyranny , it was we that did rend our throates for a kimbolton , a hampden , a pym , a martin , a haslerigge , a hollis , and a great many more then a good many . it was we that made you knights and burgesses for the shires , counties , cities , townes , burroughs , corporations ; and for us , it was our follies to do all this for you , for which it is too too manifest what you have done for us . thus by our meanes you were rais'd , and by our ruines you are inrich't . the premisses considered , we humbly beseech you to take these few following lines into your serious considerations , and at your pleasure or leisure , confute them if you can . it is a maine point of romish doctrine , that the pope cannot erre in matters of faith , ( which error of theirs is far from our opinions ) but this we are too sure of , that you have all erred in matters of trust . we the freeholders and commons of england do lamentably know and feell it ; folly and foolishnesse , are the only opposites to wisdome , and knowledge hath no enemy but ignorance , this being confest , we pray you to remember , that our rash folly elected you to be the representative body of the kingdome , which we did acknowledge you to be ; and we most humbly desire you to consider , that we are the body of the kingdome represented ; now as a thing representative is but a derivative from that which is the represented , so is your power derived from us , and from us who are but men full of infirmities and errors ; though our voyces had power to give you power , to be a house of commons in parliament ; yet from those voyces and folly of ours , we had not power to infuse infallible and inerrable wisedom into you . wee ( as men ) confident of your integrity , did chuse you as our proctors and atturnies , the kings majesty , with his best councell , and we ( the poore commons ) entrusted you with all we had , but we had no mistrust that you would deceive us of all we had , we trusted you to maintaine our peace , and not to imbroile us in an universall endlesse bloudy war . we trusted you with our estates , and you have rob'd , plunder'd , and undon us ; we trusted you with our freedomes , and you have loaden us with slavery and bondage , we trusted you with our lives , and by you we are slaughter'd and murther'd every day . we trusted you not with our soules , and yet you with a new legerdemain doctrine , a jugling kind of preaching , a pestiferous swarme of preachers , a mechanick kennell of illiterate knaves , with the threats and tyranny that you have used to us , and the execrable covenants which you have forc'd us to take , we might with as much safety , and lesse hazard , have trusted our soules with judas , julian th' apostate , or the divell himselfe , as with you , or your doctrines . many thousands of soules , ( loaden with their sinnes ) are impenitently parted from the bodies of his majesties subjects ( by your seducements and inforcements ) and ( alas ) few of them knew the cause wherefore they fought , or wherefore they so cruelly kill'd one another . you will say , that you fought for the protestant religion , ( that 's a lye ) it is known , that it was never offer'd to be taken from you , and that his majesty will live and dye in it , and the defence and maintaining of it ; doe you fight against the king , as fearing he would take from us our lawes and liberties , in those points we plainly perceive , that he never intended any such wickednesse ? but if he had had any such unkingly and tyrannicall intention , you have prevented him , and done it your selves . doe you fight against him , and murther his loving subjects , for feare that he should bring in forreigne-nations to destroy us , ( which thought never entred into his royall heart ) but you have done the same , both against his majesty and us , you have at exceeding rates and prices ( with our monies ) bought rebellious scots , who have sold themselves to you , and to work wickednesse , no purpose to ruine the king , the kingdome , you and us , and as the divell could not overthrow man without the help of the woman , so you could never destroy this church and state without your golden temptation of those accursed hirelings , which if you were to fell them againe , at halfe a quarter of the price they cost , it must be at a very deere market . it is an old saying , that the king of spaine is a king of men , because the spaniards ( as men and loyall subjects to him ) doe honour , obey , and serve him . that the french king is a king of asles , because of the insupportable heavy burthens , taxes , and slavery which they undergoe and tamely beare . but ( 't is said ) the king of england is a king of devills , because of their disobedient murmurings , and often rebellion . for the nature of an english man is , not to know when things are well , which if we would have knowne , things had not now been so bad as they are . doe you fight against the king to remove some evill councellors from him ? we know that you have long fidled upon that string , yet you could never name one of those counsellors , nor relate any particulars against them , that might so much , as put a scratch , scarre , or spot upon their integrity , either to his majesty or the publique good ; all that can be said , either against the king , queene , nobility , or any loyall royalist , is vented through your learned conduite pipe , mercurius britanicus , who ( by your especiall favour and command ) railes and reviles , sheetly , weekly , most wickedly weakly , cum privilegio . thus we perceive , that you pretend to fight for the protestant religion , and all the world may see and say , you have made a delicate dainty directory , new religion of it . and you have fought for the king , ( and that is most certaine ) you have fought and sought for the king , but it hath been to catch him , and make him no king . you have fought for our liberties , and have taken them from us , you have fought for the gospell , and have spoyl'd the church , you have fought for our goods , and yee have em , and you have fought to destroy the kingdome , and you have done it . what can you doe , or what would you doe more ? and still you persist in these impious courses , and there is no hope of any end of our sufferings . the many gulleries , that you have put upon us , would fill a large volume , if they should be written or printed ; and because you shall not think us to be fencelesse , or such block-heads as you would make us , you shall know that we know somewhat . and to lay aside all old dogge-tricks , how this rebellion hath been a brewing more then yeares , we will let you know , that we know many of your state sleights and policies within these three yeares , &c. you have extorted great summes of mony from us , under the pretence of relieving of ireland , and with the same monies , you have maintain'd a bloudy warre in england , so that whatsoever was raked from us , for the preservation of one kingdome , you have imployed for the destruction of three ; for england is cheated , ireland , defeated , and scotland is heated in her owne dissentious flames . you have pretended treaties for peace , when ( god knowes ) peace was never in your thoughts , ( as by your impudent propositions and demands may appeare ) for if the turke had made a conquest here , he could not have devised , or would not have enjoyn'd and tyed the king , and his true liedge people to harder conditions , and then ( to salve your reputations ) you have caused your lying lecturers , and slanderous pamphlets to revile the king , and lay all the fault on him for the breaking off of the treaties , when as you had consulted , and knew before , that your unreasonable demands , neither would or could be granted . you have abused and mock'd god , with false and forged thankesgivings , for such victories as never were , and with your sophisticated triumphs of guns , b●lls , bonefires , ballads , libells , and other imposture-like expressions , whereby we have been seduc'd and encouraged to give more and more contributions , and buy our owne utter undoeings , for ( like corrupted and covetous lawyers ) you would not take so much paines , or doe us the curtesie to begger us gratis , to ruine us for nothing ; and you would not by any entreaty make us miserable at a cheap rate , or except we gave you our , monies , almost to the uttermost farthing . many of your faction ( like decoy ducks ) brought in their plate and monies at the beginning of this rebellion , in large proportions to the gull-hall of london , whereby thousands of people were gull'd , by deed of guift , ( or deeds of shift ) and new found loanes , and contributions , to maintaine your greatnesse , and feed your bottomlesse avarice , whilest we , and the rest of your new shorne sheep , had no other assurance , but the ayery pawne of a confounding faith , call'd publique ; and those cheating decoyes , who first gave , and lent to draw poore fooles on , those knaves had their plate and monies privately delivered to them againe , whilest ours was accursedly imployed against the true religion , a just king , and all his loyall protestant subjects . you have ( to make your victories seem great ) caused many of your owne tattard ensignes , cornets , or colours of foot and horse , with many armes , to be privately sent out of the city in an evening at one port , and brought in at another port in the morning in triumph , making the people beleeve , that those colours and armes , were taken from the king at such and such a battell ; and this trick hath hook'd us into more chargeable and rebellious contributions . you have caused thousand of armes to be bought and brought from forreigne nations , and those armes , you have proclaim'd to be taken at sea , and that either the king had bought them to make warre against the parliament , or that they were sent him for that purpose , from some catholique prince ; and this slight of hand , hath often jugled away our monies . you have many times , made women believe that their slaine husbands who went forth with you alive , were alive still , in such or such garrisons of yours , when you knew the same men were killed , and left dead in ditches for crowes meat , but that his majesty gratiously caused the dead to be buried , and the maimed and wounded , to be relieved and cured . you have contrived letters in private chambers , and you have subscribed them from forraigne kings and states , or from the queene to the king , or to some other persons of worth and eminency neer his majesty , which letters have been as full of forged dangerous consequences , as your wicked braines could thrust or foist into them ; and by some miraculous way , the said letters have been either intercepted on the land ( by some vigilant great commander of yours ) or they have been said to be taken at sea by your valiant admirall ; then are those letters openly read , and copied out a thousand waies , printed ten thousand waies , disperst a hundred thousand waies , and believed by millions of people , by the prateing of your preachers and pamphlets , which tricks have cost us some millions of money , with many thousand of our lives . you have many times taken ( or intercepted ) letters which have been sent from some of his majesties armies , garrisons , or some other true and loyall places or persons , or from the king or queene , one to another ; and those letters have been publiquely read and printed , but you have new moulded them , you have made your own constructions and interpretations on them , and in a word , you have not only the procreating art , to beget and engender such newes , as you please to have ; but also you are fruitfull in conceiving , and producing such letters as hath or may be most for your advantage ; as lately you have used in his majesties cabinet , which you took at naseby , and brake open at westminster , and made the letters therein , to speake what you would have them ; but ( maugre all your malice ) the said letters are as so many christall mirrours , wherein his kingly care , his christian piety , his immoveable constancy , in the service of god , in the protestant religion , in the peace of his kingdoms , and in the well-fare of his subjects , all these his letters doe shew ( in despight of your wrested comparisons , and mingle , mangle jugling alterations ) his transcendent goodnesse , and most gratious inclination , and royall resolution , and withall , your mischievous intentions are plainly manifested , in that you still persist in your wicked courses against so gratious a soveraigne . but there are more judicious , learned , and grave writers then any of us ( your oppressed complainants ) whose pens have better described your playing fast and loose in this kind , to whose better informations we leave you . we doe most heartily wish , that you were all as weary of being tyrants , as we are in bearing the insupportable burthens of your tyranny ; we doe humbly beseech you to be pleased to give over beggering and killing of us , we pray you to suffer us to live and enjoy the protestant religion , we desire you to let us feed and subsist upon that little which you have left us ( against your wills ; ) and lastly , we entreat you not to enforce us into a desperate condition , and make us doe we know not what . his majesty , as a true defender of the true faith , doth with truth defend that faith , and he hath most graciously often offered you peace and truth , both which you pretend , but you intend neither . lay down your armes , that 's the nearest way to a peace , and leave lying , and you shall have truth . if you will not , we would have you know , that we must take a course , that neither our purses or persons , shall not long maintaine you and your rebellious garrisons , ( who are no other but dens of theeves ) and as our tongues did lift you up , and made you able to abuse the king , the religion , church , and kingdome , so our hands must help to pull , or knock you downe , to recover part of that of which you have bereft us , and to keep about us to relieve us , that little which yet we have left us . finis . a proclamation for re-calling and prohibiting sea-men from the services of forreign princes and states. at edinburgh, the seventh day of june, one thousand six hundred and sixty four. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for re-calling and prohibiting sea-men from the services of forreign princes and states. at edinburgh, the seventh day of june, one thousand six hundred and sixty four. scotland. privy council. sheet ([ ] p.) printed by evan tyler, printer to the king's most excellent majesty, edinburgh : . caption title. royal arms at head of text; initial letter. printed in black letter. signed: pet. wedderburne, cl. sti. concilii. imperfect: stained with slight loss of text. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- foreign service -- early works to . sailors -- legal status, laws, etc. -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms a proclamation for re-calling and prohibiting sea-men from the service of forreign princes and states . at edinburgh , the seventh day of june , one thousand six hundred and sixty four . the lords of his majesties privy council , having received a letter from the kings majesty , dated at whitehall the second day of june instant , commanding a proclamation to be issued in his majesties name ; bearing , that the kings most excellent majesty hath been advertised , that great numbers of mariners and other sea-faring men , his majesties natural born subjects of this his ancient kingdom of scotland , have be taken themselves to the services of forreign princes and states , to the great disservice of his majesty and their native country ; and whereby his majesty and his realms are unfurnished of men of their sort and calling , if there shall be cause to use them . for remiss whereof at present , and preventing the like for the future , the kings most excellent majesty , both will and streightly charge and command , all and singular masters of ships , pilots , mariners , seamen , ship-wrights , and other sea-faring men whatsoever and wheresoever , being his majesties natural subjects of this his kingdom of scotland , who are in the service of any forreign prince or state , or do service in any forreign ships or vessels , that forthwith they do withdraw themselves , and depart from such forreign services , and return home to their native country and lawfull vocations , or to some of his majesties dominions . and further , his majesty both prohibit and forbid all and singular masters of ships , pilots mariners , sea-men , ship-wrights , and other sea-faring men whatsoever , being his majesties natural born subjects of this his kingdom of scotland , from entering themselves ; and both hereby first stre 〈…〉 y charge and command them , and every one of them , from henceforth to forbear to enter themselves into pay , or otherwise to be take themselves to the service of forreign princes or states , or to 〈◊〉 in any forr 〈…〉 ●essel or ship , other than the ships and vessels belonging to his majesties domini●●s without ●●●nce and obtained in that behalf . to all which his majesty doth , and will , expect due obedience and conformity : and doth publish and declare , that the offenders to the contrary , s●●●l not only incur hi● majesties just displeasure , but be proceeded against for their contempt , according to the utmost severities of law. therefore , they have ordained , and by these presents ordains macers or messengers at arms , as sheriffs in that part , in his majesties name and authority , to make publick intimation hereof at the mercat-cross of edinburgh , peer and shoar of leith , and at the mercat-crosses of all royal burroughs where there are any sea-ports , that all persons therein concerned may give due and speedy o●●dience to this his majesties royal commands , as they will answer upon their outmost perils . and ordains these presents to be printed , that none pretend ignorance . pet. wedderburne , cl. sti concilii . edinburgh , printed by evan t●●●er , printer to the king 's most excellent majesty , . englands common-wealth shewing the liberties of the people, the priviledges of parliament, and the rights of souldiery : with epistles to the persons mentioned ... / written by john audley ... audley, john, preacher of the gospel. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) englands common-wealth shewing the liberties of the people, the priviledges of parliament, and the rights of souldiery : with epistles to the persons mentioned ... / written by john audley ... audley, john, preacher of the gospel. [ ], p. printed by r.i. : and are to be sold by livewell chapman ..., london : . reproduction of original in huntington library. table of contents: p. [ ]-[ ] eng england and wales. -- parliament. great britain -- politics and government -- early works to . a r (wing a ). civilwar no englands common-wealth, shewing the liberties of the people. the priviledges of parliament, and the rights of the souldiery. with epistles t audley, john, preacher of the gospel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands common-wealth , shewing the liberties of the people . the priviledges of parliament , and the rights of the souldiery . with epistles to the persons mentioned , concluding the severall parts hereof . written by john audley a preacher of the gospel , and a well wisher to them that imbrace it . prov. . . when the righteous are in authority the people rejoyce , but when the wicked are advanced , the people mourn . hebr. . . obey them that have the rule over you , and submit your selves that they may doe it with joy , and not with griefe , illud belli genus quod pro salute publicâ & religionis incolumitate suscipitur , ita christo acceptum esse , ut etiam presenti ipsius numine administretur . christi religio exercitationem militarem non impedit : sed eam mirandum in modum confirmat : cum omnem formidinem firmissima spe immortalitatis cripiat , & ad veram gloriam incredibiliter inflammat . soli qui ad christum adspirant & verum finem respiciunt , fortes & magnanimi sunt existimandi . osorius de nobilitate christianâ . lib●ter . london printed by r. i. and are to be sold by livewell chapman at the crown in popes-head alley , . eve's sin , man's snare ; man's help 's the woman's seed , no man lost by her , christ did help at need . good out of evil came , scape out of snare , love hath found out the way to man most rare . all men may now see , how that the wise god new wayes doth take , to comfort with a rod . did mans first healing by christs bruises come ? so peace by war becommeth englands doome . come people , see what wonders god hath wrought , out of death life , he well to light hath brought : mind well his workes , who curse to blisse did turn . man of all creatures , hath no cause to mourn . own god with us , yee nations o're the world , no god like ours in mercy so extol'd . well may the kingdoms fear , and stand in awe , eaters give meat , from strong we sweetness draw , all laud to god , who hath our tunes thus turn'd ; lord ! who can tell , how long thy people mourn'd ? till thou didst change their sighs into a song high in thy praise this commonwealth among . j. a. to his excellency the lord generall cromwell . my lord : your just dealing with your adversaries , is matter of reall honour to your person , your enemies themselves being judges ; your instructing the ignorant , your rebuking the obstinate ; your remitting the penitent , your protecting the innocent , your keeping covenant , and conditions of articles with all men , have manifested your proceedings both of warre and peace , to be truly honourable to them , but especially to us , who have heard how judah-like you have ruled with god , and have been faithfull with the saints , hos. . last . your silence before the lord ( when a cloud was upon the campe ) had great confidence , when the lord went before you like a pillar of fire by night , shining upon your wayes , and telling you , that you should be to your enemies , as threshing instruments with teeth , isa. . . and this your confidence in god , what boldnesse wrought it before the battle ? and what humblenesse of minde after the victory ? refusing honour of men , when god had put glory upon you , in sight of all the world . it hath been said , before honour goeth humility , prov. . . that may be an humblenesse , as of necessity ; but that humblenesse which followeth honour , is ever matter of lasting praise ; for , honour upholdeth the humble in spirit , prov. . . and victory over a mans selfe is the greatest conquest : fortior est qui se , quàm qui fortissima vincit maenia . yea , this your confidence uttered did put life into your counsels , courage into your resolutions , & made your forces more forcible and active , so , as they did the work of the lord effectivè , both against the presbyterian interest , at dunbar , and the royall interest at worcester , for there fell downe many slaine , because the war was of god , chro. . . god is the judge himselfe , to whom both parties at dunbar made their appeales , god hath pleaded the cause of his people , and since these appeales hath given sentence for you now twice , by this i know thou favourest me , because mine enemies doe not triumph over me , psa. . . the issue must no longer passe under the vaine titles of meer events and chances of war : the kingdom is the lords , and he is the governour among the people , all the ends of the earth shall come and declare righteousnesse unto a people that shall be borne , that he hath done this . all men shall heare and feare , and declare the worke of god , for they shall wisely consider that it is his doing . the righteous shall be glad in the lord , and shall trust in him , and all the upright in heart shall glory , psal. . , . it hath been the wonder of all lands , to hear of england , how the meek of the earth here , have formerly borne all manner of yoaks and oppressions under royal and episcopal rulers , and how they have lately risen like gyants and men of might , for recovering their liberties , to defend their just rights and to bring wrong doers to condigne punishment . as if the judgement ( against moab ) written , had been sealed upon their hearts , cursed is he that doth the worke of the lord negligently , and cursed is he that with-holdeth his sword from blood , jer. . . neither regarding nature , nor nations , that they might execute gods judgements against an idolatrous people . and 't is observable , god had said distresse not moab , deut. . . til moab had thus sinned . but after moab had committed idolatry ( a sin against the nation of israel , ) he shall beare his curse , that spares moab : any former command of god to the contrary notwithstanding . sinfull mens changes justifie god and good men , in these great changes of times . now england is delivered from her enemies , and the people dwell safely through the mercy of god under your hand , i humbly desire this , that after all publicke expeditions against open enemies , you may ( now ) keep your selves from foes of your own houshold , from friends of your owne councell ; for christ himselfe was betrayed with a kisse , wounded in the house of his friend ; gallant judas was treacherously slaine by demetrius : and good jonathan captivated by triphon pretending kindnesse to him . maccab , . . and chap. , . cura teipsum , cautus esto , nè fidas . set the lord god alwayes before you , waite for his counsell ; let impartiall justice be your greatest designe , and go on in this thy might , be not perverted by envy or flattery of men , so run that you may obtaine , in due time you shall reape , if you faint not . you ( now ) chuse affliction with the people of god , and hereafter you shall with them partake in the recompence of reward , when the dead in christ shall rest from their labours , and their works follow them . for my selfe , that which made me write , was , that others might not be burdened , and i eased , for nullum genus crudelitatis majus quam in communi periclo esse negligens . that which caused these my humble addresses to your honour , was , to answer the querulousnesse of some persons , who have bid defiance to the armies of the living god , fixing their challenge upon my selfe , with whom after conference had , i appeared thus publickly , as a souldier in the field , that waiteth his enemies motion . yet being little as david , to encounter with the great goliah's of the adverse part , i herein crave your lordships wonted patronage , and hence forth i shal hold on triumphing in gods praises , who hath safeguarded your person , succeeded your armies , and recovered our liberties , and in my constant prayers shall ever remaine , your excellencies most obliged , though most unworthy servant in the patience of the saints , and in the hope of the gospell . john audley . to the reader . friendly reader : in this treatise i have refused digressions , save only to follow the objectors wandrings : i have neglected invectives , ( name and thing ) to prevent thy prejudice ; i have also laid aside wisdome of words , not affecting vainely to glory in men , simplex nudaque veritas , and perfit men will looke to the matter . likewise i have avoyded formes of words , and of things made ready to the hand , not willing to boast of another man's line . i have not made it my businesse to intermeddle in transactions past , viz. about the late king's execution , the house of lords removing , the purging of the house of commons ; for thy satisfaction in these , i referre thee to the parliaments declaration , for no more addresse to be made to the king , to the lord presidents speech , afore the kings sentence , to mr. cookes appeale upon his triall , to eleutherus philodemus his vindication of the parliament , and the souldiery ; to mr. potters vindication of the army ; to the army's declaration on their last march into scotland , and to my lord generall cromwells letters to the ministers , and to the governour of edenburgh castle . my engagement herein is mainely for the common-wealth of england , and the present government thereof , as it now stands , willing to give thee some grounds , of the peoples freedome , in stating of it , and of the justice of the parliament , and the army , in acting by the present authority , for the information of all such persons , as doe not wilfully close their eyes against right reason , truth , and equity , yea , against the scripture also , the rule of right . and how is it ? that of your owne selves yee judge not , what is right , luk. . . have not the faults of kings made the people blamelesse , when they deposed and put some kings to death ? see e. philodemus giving thee instances for this in seven nations . be not partiall in your selves , but by their example learne yee to shun idolatry , blasphemy , pride , extortion , rapine , wilfull murder , and all other sins , for which things sake god hath threatned with death evill rulers , as he hath done other men . god will chasten with the rods of men , even kings , if they commit iniquity , sam. . , . be thou thankefull for the present government , and thy mercies thou hast under the same ; at least be not grieved , that there is a man ( yea , many men ) come , that seeke the welfare of englands common-wealth . the contents . part . . the liberties of the people section . the rise of man's freedome , pag. . the lawes of man's freedome , ibid. the properties of man's freedome , p. the consequents of man's freedome , p. the helps of man's freedome , p. the principles of man's freedome , p. the causes of man's freedome , p. the forfeit of man's freedome , p. the lawlesse have no freedome , p. the intent of the law , is the maine of the law , p. divers kindes of freedome , p. divers formes of good government , p. the peoples freedome to chuse their rulers , p. no freedome to chuse rulers without just cause , ibid. the occasion of chusing rulers , p. just governours chosen , to be upheld by the people , in epist. ad populum , p. part . . the priviledges of parliament . position . christian rulers are not by succession , but by election , p. the claiming a kingdome , or common-wealth , without the peoples consent , is treason , p. second-treasons not pardon'd , ibid. wilfull murder is death , ibid. no pardon to a murtherer , p. no treason to be tolerated without any manner of punishment , p. malefactours silent upon their charge , to be taken for guilty , ib. good governours to protect good people against evill-doers , in epist. ad magnates , p. , part . . the rights of the souldiery answering objections . no bloud to be shed but in case of necessity , p. evill doers , the only cause of bloud-shedding , p. justice in punishing evil-doers , is thanke-worthy to god , ib. there is a law , church , and state , without king , lords , bishops , and their lawes , p. no man can justly call any kingdome , or common-wealth , his owne inheritance , since christ the heire of the world was unjustly killed , p. kingly government may be changed , when the power is abused , p. in what case enemies are to be prayed for , or punished , p. for what cause this state put the king to death , p. touch not mine anoynted , brings reproofe to kings sinning against the people , no impunity , p. gods judgements are written against apostate kings , as well as against heathen kings , p. christians may warre against evil-doers , if case so require , in epist. ad milites , p. , part . i. the liberties of the people . the rise of mans freedome . man is considerable in a threefold capacity ; of nature , of nation , and of religion ; and he hath a threefold liberty , according to his divers capacity . in nature a liberty to preserve himselfe , as by the law of nature : in the nation , a liberty to preserve himselfe and the people , as by the law of his nation : in religion , a liberty to preserve himselfe and the people of his profession , as by the law of god , of christ , and of the gospell . every english-man born hath the freedome of his nature , and of his nation ; but the religious english-man , hath a right to be every way free , by all lawes whatsoever . the lawes of mans freedome . the law of nature is , that man should love himself ; for , no man ever yet hated himselfe , but nourisheth and cherisheth himselfe , eph. . . the law of nations is , that a man keep himselfe against the disorder of creatures , not containing themselves within the bounds of nature , as yee would that men should doe unto you , do yee also to them likewise , luk. . . all our national laws are grounded on this , and relate to this . the law of god is , to love the lord thy god with all thy heart , soule , strength and minde ; and thy neighbour as thy selfe , luke . . where the love of god , must be with the deniall of a mans selfe , and of his neighbour also . the love of god knowes no relations , where men love not god ; that god in all things may be glorified through jesus christ . religion , rebukes all manner of transgressions , in all sorts of men . a mans neighbour , is as himself ; and he loves his neighbour as himselfe . diligit in proximo , quod in se ipso diligit , & diligit proximum candem ob causam , propter quam diligit scipsum . he ( properly ) loves his neighbour as himself , who in his neighbour loveth god and christ , whom he loveth in himselfe , and who loveth his neighbour for christs sake , for whose cause he loveth himselfe : god and christ , in himselfe , and in his neighbour , is the rule of his love to both . where the image of christ shines more in his neighbour , he loveth him more then himselfe ; but christ he loveth most . and seeing the image of christ defaced in his neighbour , or by him , he loveth him lesse , for the greater love that he bears to god . like levi's son , who said to his father and to his mother , i have not seen him ; neither did he acknowledge his brethren , nor know his own children , for they have observed thy word and kept thy covenant , deut. . , . for that respect they bare to god and christ , above themselves ; they mortified all inordinate affections , they had to their own kindred hating their own life , to follow christ luk. . . and thus david did , who loved perfectly , hated gods enemies with perfect hatred , psal. . . and punished those who hated god , whom they ought to have loved . a slanderer , an high-looker , a proud hearted man i will not suffer : he that worketh deceit , shall not dwell in my house ; he that telleth lyes , shall not tarry in my sight : psal. . , , . the properties of freedome . the first sort of these freedomes is naturall ; and in perfect nature , it was perfect freedome . then man loved god , for that man saw in the perfect nature of god , and had man persevered in that perfect state , man had been perfectly free to this day . the second sort of freedome , is con-naturall , for though men be free-borne , yet are they borne under the lawes of their nation ; and the lawes of our nation do not annihilate , but only determine our naturall freedome . the third sort of freedome is ad-naturall ; because religion addeth some thing to nature , to regulate , and to order mans freedome , the law of god gives directions to perfect the freedome of nature , and of the nation ; and sometimes gives reproofes to correct the imperfectnesse of them both . as men failed touching the law of nature , so they fell under the law of nations ; and as men failed of the law of their nation , so they fell under the law of god , and as their sin was greater , so they fell under the sorer rebuke and punishment ; and greater offenders , the rather stood in need of the blood of christ , ad redemptionem , to make a purgation : of the spirit of christ , ad resipiscentiam , to make them know their sin and to repent of it : of the rod , in correctionem , for a reproofe among men for their scandalous offences against themselves , against the people , and against god : and when the sword of the spirit did not cut men off from their transgressions , but they brake all bands ; then nature took the help of lawes , and men appealed for justice to them that bare the sword , to defend their naturall liberties ; and ( for recovering their nationall freedome ) did with the sword of the magistrate punish offenders against god and the people ; and the rather , when transgressors continued impenitent , implacable and irreconcileable . the consequences of freedome . the lawes of nature , nation , and of god , are subordinate one to another : god is above the people , and the people above a mans selfe . personall and private interest , must give place to the publike interest of the people , and of the commonwealth : and in the cause of god , who is above all : thy interest , and the peoples interest also , must give way to the glory of god : wherefore in the punishment of evill doers , private-pitty must give way to publike-safety of the people fearing god . pereat unus potiùs , quàm unitas . it is expedient for us , that one man should die for the people , that the whole nation perish not , john . . what ( here ) caiaphas said in his policy , christian magistrates must doe in piety . for thus god himself took part with nature , punishing caine for shedding abels blood , gen. . burning sodom and gomorrah , for injury don to righteous lot by that wicked people , gen. . bringing in the stood upon the world of the ungodly , and saving noah a preacher of righteousnesse , pet. . . helps of freedome . first , god himselfe hath prescribed to all people lawes to keep up nature in freedome , and to rebuke the unnaturall , gen. . . who so sheds mans blood , by man shall his blood be shed ; not by force and violence , but by course of law . it is a law of god , that respects not the persons of man : his blood must be shed , for the blood shed by him , who ever he be , numb. . . no satisfaction may bee taken for him . after this , nature began to helpe it selfe among the people ; as in case of adultery , it is said , it is an iniquity to be punished by the judges , job . . . then men made covenants with one another , and bound them each to other with oaths and protestations . as between laban and jacob , gen. . . and between abraham and the families of escol , aner and mamre , gen. . . and this , in order to preserve the peace of their families , and to recover their rights from that people , that should infringe them . hereupon when lot was taken captive by chederlaomer , abraham and his confederates made warre upon , and recovered lot out of their hands vers. , , . also , jonathan made a covenant with david , because he loved him as his owne soule , sam. . . and secured him against saul his father , chap. . . entred a covenant of the lord , that whatsoever davids soule desired he would doe it for him . vers. , , , . david sware him v. . the lord is between me and thee for ever , . afterwards it became a matter of religion in all sorts of men and nations , to keep their covenants , leagues , and oathes between them made , and in case of breach , they did right themselves by punishing the offenders ; even as israel did justice on his brother benjamin , and the men of gibeah , for the rapine and murder committed upon the levites wife , against that brother-hood that was between them , judges . or else if they could not right themselves , and recover their liberties : they did appeale to god to doe them justice , as jer. . . oh lord thou knowest , remember me , visit me , and revenge me of my persecutors : and david to saul , the lord judge between me and thee , and the lord avenge me of thee sam. . . thus jephtah , when he and the children of israel stood for their rights against the king of ammon , jephtah said , what hast thou to doe with me ? i have not sinned against thee , but thou doest me wrong to war against me , the lord the judge , be judge this day between the children of israel , and the children of ammon , judg. . . — . also the lawes of nations , were still helped by the grace of god ; in things not declared , god gave lawes a new ; for stoning the blasphemer , levit. . , , — . and the presumptuous breaker of the sabboth , numb. . , , , . which both were kept in ward , untill a law was given for them to suffer by . the principles of freedome . god the great judge of heaven and earth hath into nature put such principles of reason and common equity ; as might conform men and nations in their dealings each with other , and punish such men as doe become unruly , and that after a religious sort ; for , although religion be ( in many things ) above reason , yet being not contrary to reason ; religious men may be wise enough to judge between their brethren , cor. . . withall , god hath threatned truce-breakers , and said , he will fire tyrus for captivating edom his naturall brother ; for that he remembred not the brotherly covenant , amos . . yea , and punished such men as brake their covenants and leagues ; sometimes by wicked persons , the philistims wounded saul , and saul killed himselfe . sam. . . after hee had broken his oath made , not to harme david . sometimes by godly men , jacob shall be a fire , and joseph a flame , and esau stubble , and they shall kindle , and devoure ; there shall not be any of the house of esau remaining , because hee looked on the day of his brother , and stood up against him in the crosse way , obadiah — . and sometimes god hath ( by himselfe ) punished this sinne of trust-breaking , when the sufferers had no power in nature , or nation to right themselves . pharaoh promised moses faire at their departure ; goe , and blesse me also , exod. . , . but if aegypt pursue israel , not regarding his promise , their armies shall be overthrowne in the sea , notwithstanding their great power , exod. . — . there was not one of them left . a caveat for the scots , who brake covenant with england , vide part . . position . the causes of freedome . liberty is next to life . libertas ( in naturali estimatione ) proxime accedit ad vitam ipsam , and men have this liberty , by a divers right , viz. of birth , of purchase , and of gift ; and again men often make forfeiture of their liberties , viz. by gift , by sale , by force , by tyranny , by stealth , and by idlenesse . there is a liberty by birth , which was pauls freedome , i was free borne , act. . . where a man is born to live , there he hath right to eate and to drink , that he may live : and he hath a right to worke , that he may eate and drinke ; yea , and a liberty to buy and to sel for his living , where he is born . some have their liberty by purchase , this was the centurions case , with a great sum of money obtained i this freedome , acts . . and having purchased their liberty , they are in all things inabled to doe for their livings , as men free-born , may doe . some have their liberty by gift , as when abraham had rescued lot , and the sodomites that were carryed captive ; the king of sodom said , give me the persons , and take thou the goods , gen. . . now looke , as men ( thus ) obtain the freedome of their persons , so their goods are their own proper right ; to wit , the goods they possesse by inheritance , by purchase , by gift , or by their labour procured ; no man may take them away to his owne use , without consent of the owner thereof . for god hath said , thou shalt not steale , exod. . . the prince shall not take of the peoples inheritance by oppression , to thrust them out of their possession , he shall give his sonnes inheritance out of his owne possession , that my people bee not scattered , ezek. . . liberty doth not intrench upon liberty ; royalty , may not destroy the peoples liberty ; the princes prerogative , cannot abolish the peoples propriety . naboths vineyard was his owne inheritance , and he might chuse whether he would part with it or no , wherefore king ahab desired not to take it by force from him , but offered to buy his consent , and to give naboth a better vineyard in exchange for his . and indeed , none but a jezabell would wrest out of a mans hands , that possession , which god and nature had made properly his owne : whether it be a possession of his wife , his children , or his estate , which is of lesse value , vide king. . — . contra jus divinum & naturale nihil licet magistratui , p. martyr . the magistrate may doe nothing to dispossesse a man of any thing which is the mans right from god or nature . distinctio dominorum & proprietas possessionum est juris divini , juxta mandatum , non furtum facies , sicut , non licet ulli regi postulare alterius conjugem . bucan. loc. de magist. q. , , . the distinction of rights , and the propriety of possession is of divine right , according to that commandement thou shalt not steale . and it is no more lawful for a king or any other magistrate , at his pleasure , or , and for his own use to take away a mans goods ( whereof hee stands lawfully possessed ) no more then it is lawfull for a king to require another mans wife . there is also a liberty by gods grace , which puts the right of all things under the dominion of beleeving persons . all things are yours , and you are christs , cor. . , . they have jus ad rem , non jus in re ; they are , as having nothing , yet possessing all things , cor. . . they are full and abound , who injoy christ . but however beleevers in christ , have right to all , yet this right gives them no liberty to steale , or to take to themselves that which is another mans , nor to possesse themselves of any thing , more then becomes theirs by birth , gift , purchase , labour , or by conquest , deut. . . and in well-doing , the lawes of god , nature , and of men are their protection in their just possessions , brethren , you are called to liberty , use it not as an occasion to the flesh , but by love serve one another , gal. . . againe , mens liberties are lost many waies ; . some give away their right in a christian community , as they did their goods , acts . . . some sell away their birth-right , as esau did prophanely , heb. . . . some idle away their time and estate too , houses and lands are the inheritance of fathers , but an idle soule shall suffer hunger , proverbs . , . . some loose their liberties being conquered in war , deut. . , , . . some by tyranny of princes in peace , as when saul took to his own proper use ( not for the peoples advantage ) their daughters , their goodliest young-men , their fields , their vineyards , their seeds , their servants , their sheep , after his pleasure , sam. . , , , , , . which sheweth what tyrants will doe , not what good rulers ought to doe : how many other waies , a man may be put out of possession of his goods , as by stealth , robbery , &c. i now forbeare . onely let me admonish , that having liberty of our persons , and estates , and religion ( which is the greatest ) use it not as a cloak of maliciousnesse , but as the servants of god , pet. . . for who is he that will harme you , if yee be followers of that which is good ? pet. . . obstinate offenders forfeit their liberty . obstinate offenders make themselves bond-men ; such as will not be reclaimed , doe forfeit their liberty . some men there be , like the unjust judge ; they neither feare god , nor care for men : these neither chuse rulers , nor obey them , being unruly and disorderly ; the law is to try them , and rulers that rule by law are a terror to evill-doers ; as they are ministers of god , for the praise of them that doe well , rom. . , , . rulers are by the law of the land to judge rotten members , in order to the peace of sound members , who did chuse or approve them ; for they are gods ministers , attending continually on this very thing , and for this cause pay yee tribute , to doe them honour , and the magistrate accepting their place and power , doe thereby ingage to doe the people justice : provided alwayes , that yee continue to do well . such persons then , as will not honour the magistrate , by keeping order , and observing law , must bear the punishment of their disorder against the law , the magistrate beareth not the sword in vaine . although unjust men know no shame , zeph. . . yet just governours ( cannot but ) countenance them that doe well , even for very respect of nature , and to safe-guard mankinde against persons unnaturall , for the judgement is the lords , and they judge for the lord , with whom is no respect of persons , chron. . . the emperour trajan is said to give a sword to the president of the pretorium with these mandates ; hoc ense utaris pro me justè faciente , contra me utaris , si injusta fecero . i. e. in defensione proprii corporis , & nationis ; if the emperour himselfe should doe unjust things , he allowed the judge to doe justice , if it were against himselfe , when he should doe evil . no liberty to the lawlesse . freedome is to them that doe well , the law is a defence to them that keep the law , and it is given to punish them that breake the law ; the law is for the lawlesse , neither nature , nation , nor religion , allowes man any freedome to doe evill , praise is to them that doe well , not to the evil doer . christians in rome living as a conquered people , under persons in power , who were unchristian , were directed by paul to pay their tribute to them , rom. . . and well , if so doing they might live in peace . it is the goodnesse of any government to protect the good , and such as are quiet in the land , but evill-doers shall be rooted out , prov. . . yee that will ( yet ) know no law , nor be in subjection , where is there a land , or nation which hath lawes , and yet evill men may live as they lust , without rebuke ? pay your tribute ( here ) then , as did the conquered christians in rome , and the captive israelites in babylon of old , who were bid to submit to the yoke of their government , and to pray for the peace of that city , for in the peace thereof yee shall have peace , jerem. . . there is no way to liberty in england but in well doing ; doe that is good , and thou shalt have praise of the same , rom. . . never strive to recover to your selves a freedome to doe evill here , if thou doest evill be afraid , rom. . . but be true , and faithfull to the common-wealth of england , and the government thereof , and the powers ( here ) shall be ministers of god to thee for good ; in common humanity we are to love all men , in nationall community , to love the brother-hood , and in religion we are to feare god , which three lawes laid the foundation to that which followes , honour the king , for kings themselves were to use their power for the good of all men of the brotherhood , and of them that feared god , punishing evill doers , and praising them that did well ; and good people were not to malice their kings , under pretence of a liberty to doe well without them ; provided their governours rule well , reproving malefactours for the sake of wel-affected persons ; men may doe well with out rulers over them , yet well-doers need rulers over them , both to incourage men in well doing , and to safe-guard them that doe well , against evill doers , who have evill will at the good of sion , wherefore , use yee your liberty , as the servants of god , pet. . , . where no law is , the intent of the law is to be followed . the law of nations is lex non scripta , as mr. coulse out of hollinshed , citing the lord hungerford executed for buggery , when yet there was no positive law to punish it ; where the written law comes short , what wanteth , must be supplyed out of the law of god , and nature , out of the laws of rightreason , and common equity , for a terrour of them that doe evill , and in defence of them that doe well ; new sins require new lawes , as for the ranters , lawes have been lately made by this state . i grant , we are much bound to our ancestors for magna charta , and other lawes of common right and justice , but we need more lawes still , to be made as occasion serveth : necessity made david eate the shew bread to preserve his life , otherwise not lawfull for any man to eate , but for the priests alone . here david transgressed the letter of the law , yet following the intent of the law , he was blamelesse , matth. . , , . see from the beginning the grounds hereof ; the gentiles had not the law , i. e. the written law , but they were a law unto themselves , for they had {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the worke of the law in their hearts ; their consciences , or their thoughts accusing , or excusing one another , as they did well or ill , rom. . , . for god had shewed them his power , and god-head , in things that are made , chap. . . so that they are without excuse , who vanish away in their imaginations from that they know of god , and from that light of god , which shewes men , what is suitable to the nature of god . but seeing , that where no law is , there is no transgression , rom. . . that is , men are slow to impute transgression to themselves , where there is no law ; therefore the law entred , that sinne might abound , and that sinne might become exceeding sinfull , rom. . . howbeit , when men were instructed out of the law , and knew the directive power of the law , they came short of the practick part of the law ; thou that teachest the law , through breaking the law dishonourest thou god ? rom. . , , . and men being lovers of themselves , reproved not themselves , when they transgress'd the law , god therefore stirr'd up other men , and creatures , to avenge the quarrell of his covenant upon the lawlesse . thus it 's said , god made the wicked for the day of wrath , prov. . . that is , to execute wrath upon them , that doe evill . for instance , when men worshipped the creature , more then the creator ; and in the place of god set up a golden calfe to worship it , then moses cried out , who is on my side ? let him come to me , put every man his sword on his side , and slay every man his brother , and every man his companion , and every man his neighbour , and the children of levi did so , and there fell of the people that day three thousand men , exod. . , , . all this was for the peoples sinne against the law of nature , and of god , and this was done , when yet the state of the israelites had not formerly enacted a law to punish that fact ; thus lawes of nations are by occasion supplied out of the law of nature , and of god , according to the wisdome of that state , under which men live , as it is said ; by men of understanding and knowledge , a land is preserved , prov. . . divers kindes of freedome , of nature , of grace , and of glory . . in the creation , it was the liberty of all creatures , to serve god , and man , made after the similitude of god , for god set man over the workes of his owne hands , gen. . , . psal. . . this freedome of perfect nature man soone lost by sinne , and there-through became a bond-man to god , till christ came to deliver him ; in this bondage of man , omnes affines sceleris , yea , all creatures partooke , and are made subject to vanity , not willingly , but by reason of him , who hath subjected the same in hope , rom. . . . againe , in the restitution of all things , there will be a glorious liberty of the sons of god , when the creature it selfe shall be delivered from the bondage of corruption into that liberty , and the expectation of the creature waiteth for the manifestation of the sons of god in that glorious liberty , rom. . — . and if this be not the day , there will come a time , when the sons of god shall be gloriously made knowne , and then all creatures shall freely serve them , they shall not groane to doe it ; and , that nation and kingdome which will not serve them , shall perish , and be utterly wasted , esa. . . . also , man hath a freedome by grace , and this begins in christ ; for christ having redeemed us to himselfe of bondmen , and made us free-men in christ ; we ( here ) live to recover our selves , to become free-men through christ , free indeed ; which freedome all they obtaine , who by the spirit are joyned to christ by faith , and repentance . see cor. . . john . . this freedome of grace is to repaire the ruines of nature , and to perfect nature into a glorious liberty , which shall be outwardly manifest in the sonnes of god . the kings daughter is all glorious within , ( even here ) psal. . . but for outward glory ; it does not yet appeare what we shall be , joh. . . and as for outward liberty in this worke , our kingdome is not from hence , as christ said of his , joh. . . we affect not lordship over one another ; that government christ forbad his disciples , to use , matth. . . howbeit we looke for a liberty to serve god , and to lead quiet and peaceable lives , in all godlinesse and honesty , tim. . . for this liberty , we pray god , and doe provide against such persons , as kill the prophets , and chase christian men and women , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} who please themselves , and are contrary to all men , thes. . . that none may harme us for well doing , and that they , that doe well , may have praise of the same ; that well-doers may not suffer wrongfully , and that by law ; that men may not condemne innocent bloud , psal. . . this is all the liberty we contend for now , till we be delivered into the glorious liberty hereafter . indeed , holy men must follow peace with all men ; but , if we can have peace , yet we must preferre holinesse to peace , for , without holinesse no man shall see the lord , heb. . . holinesse is our birth-right ; it is holinesse that gives us hope towards god , and being borne of god , we may not prophanely sell our holinesse with god , for peace with men ; if abraham will have in his house an holy peace , he must cast out the bond-woman and her sonne both , though it seemed grievous in his eyes , gen. . . our sufferings here for christ shall end in the glorious liberty of the sons of god ; wherefore , take forth the precious from the vile , o holy men , let them returne to thee , but returne not thou to them , jer. . . men , that will not bow to the golden scepter of gods mercy , to doe well , shall be bruised with the iron rod of gods justice , for their ill doing , psal. . divers formes of good government . there were kings of nations , gen. . . but there were in israel divers other rulers , before any king was among them ; moses a deliverer of israel out of aegypt , after that , seventy elders , to beare part of the burden with him , and they judged the people ; then joshua , their captain-generall , who sought their battels for them ; after him , elders , who were raised up of god , but accepted of the people , to rule in israel , to guide their counsels , and to fight their battels ; as joshua had done , untill the times of saul , and david ; and these two persons god did chuse , and the people did approve them their kings ; after david , the well-affected israelites chose salomon their king ; all these governments , aristocraticall , democraticall , and monarchicall , were allowed of god for the peace of them that doe well , and the people lived orderly under them all , and enjoyed much peace ; and if people lived under other rulers peaceably ( while they did well ) afore kings were in israel , why should not men in well doing live quietly in england , now governed without a king ? where trusty men in parliament have resolved the government of this common-wealth into another forme ; a government of states formerly , blessed be god , a mixed government , equally maintaining the peoples liberties , and the rulers safety , their rulers doing the people justice , and the people doing their rulers honour . power in the people to chuse their governours . the power to chuse , or approve their owne governours , lyes in the people fundamentally , and after the peoples choyse made , the power of ruling lyeth supreamely , and formally in the governours themselves . people well-affected to god , and well doing , have the liberty of making this choyse primarily ; and secondarily , all the people of that common-wealth ; at first samuel chose saul king , then the people , and benaiah nathan ; and zadok first chose salomon king , the generality of the people freely suffering the choyse ; afterwards the rest of the people came in , approved the choyse , and renewed the kingdome , sam. , . but the people of israel gave not their approbation of their kings , chosen by the better sort , untill the persons chosen had given them some singular proofe of their valour , as saul did ; or of their wisdome , as solomon did , when nahash the ammonite was destroyed , and the city of jabesh gilead delivered by the hand of saul ; then the people cried , who is he that said , saul shall not reigne over us ? bring the men , that we may slay them ; and all the people went with samuel to gilgal , and there they made saul king , sam. . , . likewise , when salomon had given judgement between the two women , both claiming the living childe , they feared the king , for they saw the wisdome of god was in him , to doe justice . so salomon was king over all israel , king. . . & . . thus ( here in england ) when the peoples trustees , by counsels in parliament , had often delivered this common-wealth from their enemies hand , and had from among their brethren ( of the same nation and religion ) set up keepers of the liberties of the people by authority of parliament , approving the choyse made , have liberally laid out their persons and estates for the safety of their rulers , and of themselves . people may not chuse new governours without a cause . governours being chosen , the power lyeth in them effectually , provided they rule well , and their people may not chuse new governours without the consent , or death of the old , or without the male administration of justice in the old rulers ; for in case the old governours chosen , continue to rule well , the people may not force their consent ; but it must be a free act of the good rulers , to desire the people to chuse a new , else if the people causelesly reject well ruling governours , they reject the lord , that he should not rule over them , sam. . , , . the people may not ( without imputation of treason ) cry , what portion have we in david , while david liveth , and ruleth well ; nor have they ( at such a time ) any cause to follow a rebellious and flattering absalom to doe them justice ; indeed , on just reason declared , governours may remit their power to the people that chose them , and people thus re-impowred may ( with the same liberty ) set up other governours over themselves ; as nathan , zadok , and benaiah made choyse of salomon for king ▪ when david grew old , sick , bed-rid , unserviceable , and bad them make salomon king , king. . , , . otherwise , the people may not change without a cause , and the governour , or governours are to use his , or their power for the common good , that they give no just occasion to dis-engage the people , and to make them change . the occasion of chusing governours . the occasion of people's chusing governours was the countries danger , and the end of that choyse was the peoples safety ; which samuel implyed , when he faulted the israelites for desiring a king so unseasonably ; at a time when they dwelled safely , and were delivered from their enemies on every side , sam. . . indeed , israel were without rulers sometimes , when all things were in peace , and every man went to his owne inheritance , judg. . . but when famine appeared , or when war approached , then they chose them governours to feed them , esa. . . . or to judge them , and to fight their battels , sam. . . when judges ruled , ruth . . elders , kings , or captaines , and the governours chosen performing the peoples trust , did thereby oblige the people to stand by their trustees , and some by the word , preached for them , some by the sword , fought for them , some by their pen , wrote for them , and some with heart and tongue , prayed for them accordingly . againe , when kings and rulers did faile their trust reposed in them , they dissolved the bands of the peoples allegiance towards them ; and the people failing of performing their fealty to such trust-breakers , were spared by gods appointment ; thus when the ten tribes fell from king rehoboam for his roughnesse towards them , and the people set up jeroboam for their king , judah was from god by the prophet forbid to fight against them , for the thing was of the lord , king. . . . . thus the old romans cast off tarquin , and all kingly government , for the pride and cruelty of that king , and for the unchastity of his lecherous sons , and chose them consuls , who might better consult and provide for the countries good . also it is said of brutus , who was one of their consuls , that he scourged and beheaded his owne sons , for attempting to bring in kings againe , florus , lib. . cap. . just governours to be upheld by the people . to the free people of england . epist. deare fellow commoners , it hath been declared already , that the best way to settle the common-wealth in a firme and lasting peace , is to looke backe to rules of equity and justice , to principles of nature , and right-reason ; to gods law , and good conscience ; and every one of you must contribute your utmost hereunto , that power lyeth in you , and there is now recovered your right to use it . your liberties have been redeemed to you at a deare rate , and with great expence of bloud , and of treasure ; maintaine it then , as free-men , and use your liberty , not against your selves , but for your selves ; cease mourning for saul , the king and his traines , the body is not destroyed by removing bad humours ; let your hearts be towards the governours of england , who have willingly offered themselves among the people ; and to their servants , who have jeoparded their lives for your sakes ; i meane , to the commons in parliament , the councell of state , and their armies , who have not designed upon you for their owne worldly advantage , but have scoped at your welfare , who by no sensible feares have suffered themselves to be perverted from impartiall justice , but have bound up your safety and theirs in one . with what reason should they receive the benefits of law , who deny obedience to the law ? what priviledge can a proprietary possesse by law of the land , who denies to doe that , which even the law of nature calls for of him ? the non-engaging does not strip him of his priviledge of the law , but the standing by himselfe without law , who engages not , brings him into danger ; and certainly , he deserves no advantage by a garrison , who refuses to help in time of a siedge ; and having performed their trust , they have declared themselves willing to lay downe their power , not lording it over you , but leaving the power free to you , for chusing a new representative , and being set free , chuse for your selves , for yee need counsellours ; but nunquam consilium suit in populo , nunquam certa & constans vitae ratio : and where no counsell is , the people fall , but in the multitude of counsellours there is safety , prov. . . only take heed to your choyse , for a wrong choyse brings a plague , as when israel chose them a captaine to goe back into aegypt , it was said , they shall not see the land of canaan , numb. . . . and a right choyse brings safety ; as when jephtah was chosen an elder in israel , god honoured him with victory over his enemies , and the people with safe dwellings under his hand , judg. . . as free-men , chuse men into place of government , who will preserve your liberties , men of a publike spirit , and men zealous for the welfare of the people . when pharaoh had heard the wisdome of joseph , in providing to save the land from perishing through famine , he said to his servants , can we finde such a man as this is , a man in whom the spirit of god is ? and be made him ruler over all the land of aegypt , gen. : . . thus daniel in babylon was preferred before the presidents and princes , because an excellent spirit was in him , dan. . . and the israelites , to better their condition , chose them saviours ; wise moses , valiant joshua , godly gideon , gallant jephtah , &c. doe yee also in your choyse of sheriffes , burges , lieutenants of shires , &c. provide able men , scaring god , men of truth , hating covetousnesse , that they may judge the people at all times , exod. . , . he that is greatest among you , let him be as the younger , and hee that is chiefe , as he that doth serve , matth. . , luk. . . . chuse you out from among your brethren , governours , who will secure you in well doing freely , and whom yee may freely stand by in punishing evill-doers ; let such rule over you , as obey god , and doe not lift up themselves above their brethren , that turne not aside from the commandement , to the right hand or to the left , deut. . , , , . part . ii. the priviledges of parliament . position rvlers among christians are not by succession , as the turkes governours are ; successio , victoria , &c. tantum idoneos reddit ; succession only makes way for rulers to come in . it is the peoples election , that makes christian-rulers , in certaine place , non addit jus ad regnum electio populi , sed facultatem juris exercendi confert : in which words he plainly acknowledgeth , that his right of ruling ( ad hic & nunc ) over this very people , comes from the election of the people : for all christian rulers have their power , either immediately , from the appointment of god , as david was anoynted king ; or else from the election of men well-affected to god , thus the kingdome was salomons from the lord , king. . . and the kingdome was his , because the lords people chose him king , even nathan , zadok , benajah and bathsheba . not the greater number but the better people , for their affection to god and to goodnesse ; not for eldership , for adonijah was davids son too , and elder then he , yet he laid aside his claime , when it was knowne to him that salomon reigned in israel . and davids vote given for salomon ( while yet david was living ) plainly shewed , that the ruling of the kingdome was not by inheritance , but by choyce ; not by succession , but by election of the people : for that election at first made by a few , was afterward confirmed by all israel , when they saw the wisdome of salomon , to doe justice and judgement . as was fully declared in the . sect. heretofore . position the very claiming of a void kingdome or commonwealth , in the case of succession , is treason against the free commoners thereof ; yet it may be pardoned on submission of the party claiming , with condition of his keeping good-behaviour afterwards . this was adonijah's case , who succeeded david the king ; and hereupon made claime to the kingdome , rid in triumph , made a feast to his adherents , whom he called to councell ; yet he doing obeysance to salomon , whom the people chose king , the king said unto him , by way of pardon , goe to thy house in peace : and by way of warning , he said , shew thy selfe a worthy man , king. . , , , , — , , . it may be it was an errour , occasioned from the people freely suffering successours to rule them . position second-treasons are not to be pardoned . when adonijah had acknowledged king salomons authority , and found mercy upon his first offence : as for him then , unworthily to desire abishag , to be his wife , who had laine in king davids bosome . when bathsheba represented to salomon , adonijah's desire , he bad her aske for him the kingdome also , for hee is mine elder brother : taking his ambition herein , to be a designe for the kingdome . and the king commanded benajah to slay adonijah forthwith , w●●●●ut any reprivall , kings . , , , , , . position wilfull murder in a time of peace , is to be punished with death first or last . who so killeth any person , the murderer shall be put to death , by the mouth of witnesses , numb. . . joab , shed the blood of war in peace ; he slew abner , and amasa , men more righteous then he , kings . . indeed , david spared him , because the sons of zerviah were stronger then be , sam. . . but afterwards , david put king salomon in mind that he knew it , and that he should punish him for it . wherefore king salomon finding joab one of the evill-counsellours of adonijah , resolved he should have summum jus ; and though he spar'd the rest of that confederacy , yet he gave sentence against him : and at the kings commandement benaiah did justice on joab , though he was the generall at that time , and slew him , without any respect of persons . position no plea or excuse , can serve to cleare a murderer . yee shall take no satisfaction for the life of a murderer that is guilty of death , but he shall surely be put to death , numb. . . joab going after adonijah , might not longer be spared from death , which , for murder he had deserved , though he had not gone after absalom , though he had formerly ( in davids warres ) done the king good service ; yea , and though he fled to the hornes of the altar at last , pretending repentance . at the kings commandement , benaiah went forth and slew him there , for his murder in king davids dayes , and for his treason in king salomons time , kings . — . and this is gods rule , if a man forsake his righteousnesse and commit iniquity , shall he live ? all his righteousnesse that he hath done shall be forgotten ; and in his sin that he hath committed , he shall surely dye , ezek. . . which is the case of the revolted scots , their former joyning with england in covenant making , and keeping , for the good of both common-wealths , cannot excuse them , breaking the brotherly covenant , proclaiming king over england , a man whom ( for his dis-service to this people ) this state had declaratively disclaimed ; and by their promising to enthrone him in england , against the will of this free people , who had already accepted of another government . ( for in christian commonwealths , the right of rulers lyeth in the vote of the peo●●●●husing them ( as before sect. . ) according to husha●'s speech , whom the lord and this people , and all the people of israel chuse , his will i be , sam. . . ) there was a covenant between benjamin and the rest of the tribes of israel , and that as strong a covenant , as ever was between england and scotland , for they were brethren ; but when benjamin brake the bonds ( in the matter of levi's wife , her death , and banishment ) they dissolved the bands of brother-hood , and israel ( being then set free ) brought the malefactors unto condigne punishment , and the men of gi●●●● also , who ( after israels demand to them made ) kept back the offenders from the tryall of justice , as accessaries to benjamins fact , judg. . , . which also , was the very case , and the first breach between this parliament and the late king c. position no treason is to be tolerated , without all punishment , though lesse punishment be laid on men for the first offence . abiathar the priest was an evill counsellor of adonijah's , and helped him forward , kings . , , . yet king salomon would not ( for that fault ) put him to death ; because he bare the arke before david his father , and because of his sufferings with david . howbeit salomon did sequester abiathar from his place , and the profits thereof , saying to him , get thee to thy fields at anathoth , vers. , and put in his place good zadok , who chose and anoynted salomon king , vers. . neither did zadok scruple to accept of the place , because it was a sequestration , but he ministred to king salomon in the room of abiathar . which example is a justification of our state in their censures of that sort , and of ministers , by them put into sequestrations , who in their places do serve the souls of the people faithfully . position judgement on malefactors , and sentence may be given upon silence of the party charged , where the fault is palpable . slanderous shimei , was reprived by david , in die coronationis , sam. . , . and confined by king salomon three yeares . but for treasonous breach of his oath and articles , king salomon on his silence to the charge , judged him to death without further confession or conviction , and benaiah slew him at salomons command . this was king charles his case , who also was condemned to 〈◊〉 on his silence to his charge read to him , the things char●●● 〈◊〉 him , being palpable , proveable , and deserving death , in the eye of the judges . position the execution of justice on evill doers , is the peace of them that doe well . for hereupon it is said , the kingdome was established in the hands of salomon . there would not have been any stable , firme , and lasting peace in his kingdome , had hee not executed impartiall justice on the breakers thereof , see kings . ult. a fit president for the states of england . to the supreame authority of the parliament , councell of state , and high court of justice . epist. most honoured commons of england , civill governments are ordered by the lord , the most high ruleth in the kingdomes of men , and giveth them to whomsoever he will : the translation of the rule of this nation from kings to your honours , hath received large testimony from heaven , giving you the hearts of this people , and giving them hearts to jeopard their lives to serve you , and giving you so great salvations by the peoples meanes . oh! that all the lords people might consent in one , to render unto your authority ( which god hath so signally blessed to this people ) all chearfull and faithfull obedience in the lord for conscience sake , and that in thankfulnesse to god , who hath so blessed your counsels for our welfare ; that although , for the transgressions of this land many have been the princes thereof ; yet by your wisdome and prudence , the people may be preserved , henceforward . i know yee are not given to change unnecessarily , and what necessity hath lyen upon you ( the peoples judges ) for the change past , yee know . my humble request is , now supream power is by the people intrusted with your honours , magistatus officium est , ut defendat innocentes , & puniat petulantes . p. martyr . it is the magistrates office , to defend the innocent , and to punish the wrong doer . let good people ( who shall have praise of god ) in their wel-doing , have praise of you . let evill doers know your justice without partiality , quit your selves like men ; be strong , love them , that love the lord . that as good men 〈◊〉 ●ell-doing suffered wrongfully , and formerly were made to 〈◊〉 , now evil doers may flye before your justice , and you may render to them , as they have served us . for god setteth the poore on high from affliction , the righteous shall see it and rejoyce ; and all iniquity shall stop her mouth . thus , the almighty shall be with you to settle this commonwealth in peace : as sometimes israels kingdome was established in the hand of salomon . and knowing the same power lyeth in you , i thought it my duty to present your honours with salomons proceedings , in following whose steps , the eare that heareth you shall blesse you , and the eye that seeth seeth ; you shall beare witnesse to you ; when yee deliver the poore that cry , the fatherlesse , and him that hath no helper , the blessing of him that was ready to perish shall come upon you , and so yee shall make the widowes heart to leap for joy ; yee shall put on righteousnesse as a robe to cloath you , and judgement as a diadem ; while yee are eyes to the blinde , and feet to the lame ; while yee shall be fathers to the poore , and shall search out the cause that came unto you , while yee shall break the jaws of the wicked , and take the spoyl out of their teeth , job . . the powers that be here are your selves , the enacting and the executing lawes for the common-wealth lyeth in your power ; the taxes lately raised have not bin for the private use of your selves , or of your children , that is forbidden of god , ezek. . . but they have been indifferently levyed upon your selves , and upon the people , in defence of the whole common-wealth , and that but for the present necessity ; in which case , king saul tooke of the peoples goods , for the peoples good , and was blamelesse , sam. . , . leagues with idolaters may yee not make , judg. . . deut. . , , , , , , . but if any such among you have made their peace with you , they living peaceably by you , and paying their tribute to you ; keep faith with them , as joshua did with the gibeonites , josh. . for if you purposely make covenant with idolaters , and the people joyne therein , yee and they make your selves , and them , liable to judgement upon the nation from the lord , judg. . . on the other side , if the people joyne not with you in such covenants , your covenant-making with them , will make continuall strife among your selves , untill yee all be utterly consumed . when king amaziah fell from 〈…〉 , the people slew him , chron. . , . according to that is written , sam. . last . but doe yee forbeare league-entring with those that hate the lord , and yee shal strengthen the bands of love among your selves , that love the lord , and against the common enemy . doe yee judge the fatherlesse , and the widow , releeve the oppressed , and yee shall engage god on your side , against the armies of the aliens ; wherefore , if the land of their possession be uncleane , let them returne to you ; doe not yee passe for their peace , but trust yee god for setling peace in your borders ; and yee shall dwell on high , your place of defence shall be the munitions of rockes , your bread shall be given you , and your waters shall be sure . which is the confidence of your daily oratour , who writeth these things . part . iii. the rights of the souldiery . a conference delivered . what , objection nothing but effusion of bloud ( still ) mr. a ? who desires it ? saving that the necessity of the cause calls for it . for god taketh no pleasure in the death of the wicked , ezek. . . yet doth he order bloud and death to the wicked ; i will require the bloud of man , at the band of every beast , and at the hand of every man , gen. . . if any man hate his neighbour , and lye in waite for him , and rise up and kill him , and smite him mortally that he dye , the elders of his city shall send and fetch him thence , and deliver him into the hand of the avenger of bloud , that he may dye . thine eye shall not pitty him , but thou shalt put away the guilt of innocent bloud from israel , that it may goe well with thee , deut. . , , . to this purpose it is said , the sword of the lord , and gideon , judg. . . when god had punished the world of the ungodly by the floud , god smelt a sweet savour of rest , gen. . . shewing , that when judgement was done on the ungodly , the anger of god was then appeased 〈◊〉 ●aine , it was said , then stood up phineas and prayed , saith 〈◊〉 ●xecuted judgement , saith another ; shewing , that judgement should be executed with prayer , not with sensuall pleasure . so , judgement being executed , the plague ceased , psal. . . phineas was a priests sonne , no ordinary magistrate ; his office was to pray , to strike beseemed not his place : yet when he saw the abominations of zimri and cozbi , done in the face of the mourning congregation , he executed judgement , not judicially , but suddenly , and with a javelnt thrust them both thorow , that they dyed . this he did on them , though princes , without any respect of their persons , or of the peoples ill-will for his so doing . and god approved the fact done , for the plague ceased from the people ; and god gave unto phineas ( for this his zeale ) the covenant of an everlasting priest-hood , numb. . , , — , , . thus matthias , and his sonne ( when commissioners came from king antiochus to the city of modin , to compell the israelites to forsake god , and to sacrifice to his idols ) refused to hearken to the kings commandement , to transgresse their religion , protested against that wickednesse , slew one of the jewes that did sacrifice on the altar , killed the kings commissioner , who compelled him to doe sacrifice , and destroyed the kings altar , maccab. . — . — , , , , . thus bare he a zeale to the law of god , doing as phineas did to zimri the sonne of salem ; whereupon he invited all that were zealous of the law , and would stand to the covenant , to follow him ; then many set themselves in battell against them , ver. . but there followed matthias all that fled for persecution , and they smote the wicked in their wrath , and the ungodly in their anger , ver. , , . . so they recovered the law out of the hands of the gentiles , and out of the hands of kings , and gave not place to the wicked . thus did ( after him ) judas , chap. . . and then , ch. . . jonathan , who governed the people , and destroyed the ungodly out of israel . nextly , simon , chap. . . and likewise john , sonne of simon , ver. . and chap. . lastly , judas maccabeus , and his brethren , simon , joseph , jonathan , maccab. . — . fighting with their hands , and praying with their hearts to god , slew three hundred and fifty thousand men , ch●● . — , . cutting off nicanor's head and hand , and ▪ his tongue into many peeces , for his blasphemy against god , whereof you may read more , chap. . , , . in like manner the english souldiers have punished evil-doers , who being the magistrates servants , have been by them required , ( as the posse comitatus wont to be called by the sheriffe of a county ) when malefactours were too numerous , and too strong for their rulers , yet have they neither sack'd , siedged , nor spoyl'd any city , nor waged warre against any place ; but where ( on summons first given them ) the party 's concerned did refuse peace proffered to them ; in which case they have warrant to smite , and spoyle too , deut. . , — . why , question what occasion is there for this shedding of bloud ? the occasion is the punishment of evil-doers , and the praise of them that doe well , pet. . . chiefly , to preserve the life of innocent persons . watchfull shepherds , doe not desire the death of the foxes , simply in their kind ; but in order to the safety of the innocent lambs . and thus it is said , cant. . . take us the foxes , the little foxes that spoyle the vines . christs own vines must not be neglected , in pitty to the foxes of the wood , but the vines must be preserved by the punishment of the foxes . and who are these foxes , but such people as do spoyle the tender vines ? then such persons as would have these foxes spared , are well-worthy to have their vines spoyled , and their lambs killed too ; for so did not salomon , who executed justice on ill-affected persons in their evill doing , in order to the peace and welfare of them that doe well , king. . who then shall blame our state ? who shepherd-like , doe take us the foxes to safe-guard the lambs , or persons simple concerning evill . . whereas you cry out of the effusion of bloud , to spare the guilty ; i perceive you never lament the bloud of the innocent , who are well-affected to god and the parliament ; when that hath been spilt like water on the ground , and there hath been none to gather it . but , thou lovest thine enemies , and hatest thy friends , who have saved thy life ; thou regardest neither princes , nor servants , for if absalom had lived , and all we had dyed this day , it had pleased thee well . if parliament and people , fearing god , and honouring them , had dyed , instead of the earle of darby's company , it had pleased thee well , see sam. . , . but you , objection on dayes of thankes-giving , read ( in triumph ) the horse , and the rider , is throwne downe in the midst of the sea . if moses did well to sing gods praises , when israel was delivered from their aegyptian bondage , and to write so , as no doubt he did ; we may also read what he hath written , having the like occasion , so it be with the same affection . christ bids his disciples , look what spirit they were of , luk. . , , . when these produced their warrant for their praying , as elias did ; so when we praise god in moses words , we are to see it be done in moses his spirit , and we may doe it ; for whatsoever things were written afore-time , were written for our learning , rom. . . and in the holy scriptures we learne to give thankes , ( not for bloud of men shedding , ( as some slanderously affirme that we doe , whose damnation is just ) but , we rejoyce for the punishment of wicked men , for the reward of the righteous men , and for the justice of god in both . the righteous shall rejoyce when he seeth the vengeance , he shall wash his feet in the bloud of the wicked , so that men shall say , verily , there is a reward for the righteous , verily there is a god that judgeth the earth , psal. . , . lord , objection there is no law , nor church , nor state ; but every one does that is right in his owne eyes . yes , here is law , to punish the lawlesse ; here is a church to instruct the ignorant , and to correct them , that live in errour ; and a state , that is a terrour to them that doe evill , and a minister of god for good , to them that doe good , rom. . , . here is a law , that bids , submit your selves to every ordinance of man for the lords sake , whether unto the king as supreame , or unto governours , as to those that are sent by him , for the punishment of evil-doers , and for the praise of them that doe well , pet. . . in which words is a justification of our lawes , being for the punishment of evil-doers , and for the praise of them that doe well ; and a justification of our state too , to be as much an ordinance as the king , they both were ordained of men , they both were chosen by the people , to assemble together for enacting good lawes ; and the commons of england assembled in parliament , have had further confirmation from the people , since they were without a king , in their unanimous banding , and warring against the scots at worcester ; and the people doe well to submit , for the commons ( in the first constitution of this parliament ) were by the people equally intrusted with the power of government , as the king was , they were powers , as well as he , and it became not them ( sitting for the common-wealth's good ) to faile their trust , or to dis-use the power given them in trust , although the ( then ) king brake his trust , and used his power , not for edification , but for destruction of the weale-publick , he with-holding evill-doers from the triall of justice , as by the parliaments declaration , of no addresses to be made to the king doth appeare . he gave passes , and warrants to convey away divers persons questioned by the parliament for their crimes . suppose a father , and his sonne , made joynt feoffees in trust , for conservation of a minors estate , the sonne is ( in order of nature ) inferiour to the father , but consider him in a politick capacity as a trustee , and the son hath power equall with his father ; neither may the son waste the estate intrusted with them both , though the father doth so ; yea , the son must preserve the estate according to his trust , although his owne father wasteth the estate contrary to their trust ; yea , it were but right , and duty in him that keepes his trust , to bring the defaulter to the triall of justice , for fayling his trust ; he that loveth father or mother more then me , is not worthy of me , matth. . . yea , and he that hates not his owne life also , to follow christ , cannot be my disciple , luke . . men of publick trust must hate their owne lives for christ , and must lay aside all private interests , ( of losse and gaine ) for the publick good . thus the late king , and the parliament , were as the father and son , both alike intrusted with englands common-wealth , and as trustees , they had equall power to defend , and safe-guard the people ; and the parliament performed their trust , even against the king , who failed his trust committed by the people to him , and to them . againe ▪ a father and a mother are equally impowered , to bring up , nourish , and cherish children given to them both : now , imagine the father should endeavour the destruction of the childe , as saul attempted jonathan's death , yet may not the mother see , nor allow the same , but preserve her children rather , as the midwives in aegypt did , not fearing the kings commandement . even the hen provides to save her chickens from devouring vermine . it was said , kings shall be their nursing-fathers , and queenes their nursing mothers , esa. . . and commons in parliament are set for such , and if kings have been ( as nimrod ) mighty hunters before the lord , it became the commons to be harborers of the people , against the strife of kings : in cases personal , flee ; in cases nationall , fight ; leges naturae , non abolentur in evangelio etiam subditis adversus dominos grassatores , concessa est defensio proprii corporis , conjugis , &c. contra injustam crudelitatem , bucanon de magistrat . q. . . the lawes of nature are not abolished in the gospell , even to subjects is granted the defence of themselves , their wives and their children , against the unjust cruelty of oppressing princes . thus we have seen here , who be our governours , what is their power , and what be their lawes ; how they are intrusted , to rule well ; and that the people must submit to them in so doing , and to their lawes made by them for the peoples welfare . so here in england , even now is law , the same that christians in primitive times were commanded by . . here is a church in england , though without bishops ; for in our saviour christs time , before bishops were , there was a church , vpon the rocke of peters faith confessed , matth. . , . and this was before there was yet any superiority of disciples or of ministers . for what preheminence had the twelve disciples over one another ? who were alike called by christ , alike sent forth into the world , and had the same successe to have the spirits subjected to them , in christ their masters daies ; and the same parity was among the seventy disciples , as among the twelve . peter ( as the mouth of the rest ) had the honor to confesse christ , the sonne of god , that rocke , on which the church is built . but christ forbids his disciples to exercise lordship over one another , as the gentiles did , saying , hee that will be greatest among you , let him be as him that serveth , matth. . , . let them be more zealous , active , and more exceed in their service , who have received from god more excellent parts . againe , there was no bishops , nor bishops over bishops , when it was said , the lord added to the church , such as should be saved , acts . , . where the church consisted of them that beleeved , having heard the word , and were to be saved . no mention of bishops nor of officers under them . then afterwards we read of deacons , acts . and of elders , act. . and of a church at corinth , cor. . . yea , seven times mentioned in cor. chap. . when in the church every one spake according to his gift , as any thing was revealed to him that sat by , ver. . the saints made a church at corinth , though yee read not of any bishops there then . indeed paul tim. . . doth speake of bishops , ruling their owne house , and taking care of the church of god , and tim. . . counts them worthy of double honour , who labour in the word and doctrine , and tit. . . he commands that they be able by sound doctrine , to exhort , and convince the gain-sayers . but peter bids them , feed the flock of god , as much as in you is , and be not lords over ( or over rule not ) that heritage , pet. . , . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . where note , that there ought to be no lords bishops over the flock of god ; and that the people , called the flock of god ( because purchased with the blood of christ , ) are gods clergy , as much as bishops . that elders are to feed the flock of god , and by feeding them to exercise rule over them . and the highest person in the church , that hath highest place among the people , hath but the power , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} which signifieth to feed , and matth. . . to rule , and expresse a kind of simple rule , and authority , such as by feeding the sheep , shepheards have over them . here it appears , that when the church of god had elders to feed them , no men might be lords therein , nor over-rule them , but feed them rather : and yee may observe , that when paul , cor. . . mentions helps in government , he names apostles , prophets , teachers , workers of miracles ; but he names not either bishops , elders , or deacons : shewing , that they are not ( that unum necessarium , ) mainly necessary in the church . and however they are ( by some ) numbred among helps in church government ; yet if they be not mainly necessary , they are not greatly to be contended for : for helps in government , are ( but ) of the benè esse , not of the esse of the church ; for there was a church , and a church governed , before bishops were in being , or once so much as named in the church of god . and although these pretended helps in government , be taken away from amongst us , yet here is a church in england stil without bishops : for generally , the bishops did ( but ) pretend to help in the government of the church , the most of them found occasion against both ministers & people , concerning the law of our god , dan. . . who ( proving a snare instead of an helpe ) were justly taken away , the church of england stil abiding a church without bishops . and if your meaning be , that we have no church , i. e. no calling to the ministry in the church , because there bee no bishops to give ordination . i answer , we must soberly distinguish ( as before , between the essentialls and the circumstantialls of a church , so here ) between the essentialls and the circumstantialls of a ministers call . the essentialls of a mans call to the ministry consists in christs gifting men for the office ; or in christs putting into mens hearts the word of reconciliation , to minister thereof to men , cor. . . . in his giving such men willing hearts to preach it cor. . . ordination it self , is but an act of conveniency in respect of order , not of necessity to give men power to preach the gospell . and for ordination by bishops , that is a circumstance lesse necessary to the ministers call . it had its time , to become expedient for such as would enter in by the door ( which is christ ; ) but ordination by bishops was never absolutely necessary to a ministers call . the circumstances convenient to the call of a minister , be divers , . some be primo necessariae , and precedaneous to ordination in this call . as . nomination from among beleevers , such as have gone in and out with us , this justus and matthias also had , act. . . imposition of hands with prayer , which came instead of casting of lots . . examination of men unknowne , tim. . , . . separation to the worke of the ministry which barnabas and saul had , act. . which also , is called ( of some ) by the name of ordination ; and indeed , hath been in use ( as here we see ) before there were bishops to use the same . . some circumstances , be succedaneous to this ordination of ministers . as . recommendation from knowne ministers , which titus had , cor. . . . election to some place , which paul had to macedonia , act. . . . approbation of the people , in that place , who gave up themselves first to god , and then also to us by the will of god , cor. . . all these circumstances , doe respect the bene esse , or the good constitution of the calling to the ministry ; but the esse of their call , requires them not , ordination is no part of the ministers call from god ; for christ is the doore , christs gifting men for it , and his inclining gifted men to minister of that they have received , is that unum necessarium to a ministers call . such an one glorifies not himselfe , to be called a minister of christ , but , hee that is called of god heb. . . for this cause , the bishops ( at the ordination of ministers ) had in use to move this question , are you perswaded , yee are truly called to this ministration ? vide , book of making bishops , priests and deacons . other men have sent forth ministers to the work , as well as bishops , and other people have called ministers to the places of their ministration ; as hath been already proved . from all which premises , it is plaine that the people of england have a church , and have ministers lawfully called , even now , though there be no ordination of bishops to make them such . . here is a state , though without a king , as israel of old had , before there was any king in israel . and when that common-wealth ( after joshua ) ruled by elders for three hundred seventy nine years together . see the book of judges : and those elders obtained a good report through faith , heb. . al this was don before ( yet ) god gave them a king in his wrath , and before king saul plaid the tyrant over that people , as an executioner of gods wrath , which was spoken of him , sam. . — . true kings , bishops and their laws were set up by men for helps in government of this state , church , and commonwealth ; but the people lacking help of them , and being snared by them , they have been rooted out by the trustees of this common-wealth ; yet in want of a king , here is a state still : in the want of bishops , here is a church still ; and in the want of ( the statutes of omri ) the bishops lawes , i mean , their lacks not lawes to rule and governe the people by , even now ; though lawlesse persons grudge , and acknowledge them not , for even the souldiers , or some of them have ( by law ) suffered for their own evill doing . wherefore if men doe onely that is right in their own eyes , it is not for want of rulers , nor with the toleration of the magistrate , let not our state beare blame for that . but why may not he ( meaning the king of scots ) desire his owne , objection his owne inheritance ? no man can be right heire to any earthly kingdome , since christ the heire of all things was deprived , and crucified ; duke william got his power over this kingdome , not by inheritance , but by conquest , and the heire was ( in this family ) put besides the crowne , and many more since that , as eleutherus philodemus largely sheweth ; now the king of scots ( for whom you plead ) must either plead conquest from the conquerour , or succession from his father ( because you say this common-wealth is his owne ) whereas indeed , neither victory , nor succession gives any man right to reigne over a people , only reddit idoneos , it makes men fit , vti rex jac. moreover , the kings of england , were formerly such as the people did chuse , as mr. cooke in his appeale hath observed , from the forme of their oath ; for when king of england were crowned , they bound themselves by oath to rule the people according to the lawes of this nation ; also , the people either chose , or accepted them for their kings , hereupon engaging their allegiance to them . the old king charles , by his hostile breaches of his oath , dissolved the people from their bond , and from their obedience too ; he forfeited his kingdome , and ceased to be king . as for the king of scots , he had neither election , nor approbation from this common-wealth , nor from the representative thereof , the commons in parliament ; and his claime without the peoples consent , gives him no more title to reigne here , then absalom had to rule israel , who designed to be king , while david was king there , and ruled well also ; for so the people of england have chosen , or accepted other governours , according to their liberty ; their liberty being , as theirs was in the common-wealth of israel , who desired elders , judg. . . chap. . — . ah , objection they have taken away the life of the former king , a vertuous king , a divine king ; and they will have none of his race to reigne after him . if his life be taken away , it was not for his vertue , nor for his divinity neither . where were his vertues seen , in his latest governing ? he proclaimed , and waged warre against his best subjects , the parliament , and his good people ; was this a vertue in a king , set up to fight for the people ? for this , the commons of england in parliament have declared him a tyrant : now tyranny is no vertue ; and when ( in the face of death ) he used a forme of prayer taken out of sir philip sidny's arcadia , he proved himselfe neither vertuous , nor divine ; and if his sonne walking in his fathers steps , be also cast off from reigning in england , it is according to gods law . if he beget a sonne that is a shedder of bloud — shall he then live ? he shall not live , he hath done all these abominations , he shall surely dye , his bloud shall be upon him , ezek. . — . by which law , he is cast out of this kingdom , and out of the land of the living too . thus jehu rooted out murderous ahab , and all his race ; so jehu slew all that remained of the house of ahab in iezreel , and all his great men , and his kins-folke , and his priests , untill he left none remaining , king. . . true it is , kings were of old divine , being promised of god to abraham , kings shall come out of thee , gen. . . and some were by gods appointment anoynted kings , as saul , and david ; but of all kings since christs death , it may be questioned , whose are all these ? for after the scepter departed from shiloh , what man , after christs death , was ever anoynted king by gods command ? after the jewes had killed the heire , they said , so the inheritance shall be ours , mat. . . it became ( indeed ) theirs by force of violence , because they seized on it , not by course of nature , nor by inheritance , nor gift , but conquest made kings ; kings indeed were supreame , vt caeteris hominibus praeirent & praelucerent , to use king james his phrase , that they may excell others in doing service to the people , as wel as being in place above the people , not to magnifie their name , but to minde kings of their duty ; but even kings , with all their supremacie , were all ( but ) kings of this world ( after christ ) their kingdomes , kingdomes of men , dan. . . being chosen by men , as the kings of the nations at first , kings of the earth , chron. . , — . kingdomes of this world , revel. . . they were {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} an ordinance of man , . pet. . . so , changeable they are , as the people see just reason and cause for it , e. philodem . p. . altering the forme of government for the substance sake , and preferring the greater before the lesse ; even religion towards god , and the liberties of the people , afore the person of the king , therein not breaking , but keeping the covenant , according to the equity thereof ; vide , the declaration of the army marching into scotland , wherefore , the kingdomes of this world are become the kingdomes of our lord , and of his christ ; and if the powers that be , doe not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , feed the people , by ruling over them , their power shall be ( likewise ) broken , as this of england hath been , be the nations never so angry , revel. . — , . then no marvell if his servants serve him . the brazen serpent in the wildernesse was ordained by god , but hezekiah seeing it abus'd to idolatry , beate it to powder , threw it into the river , and cald it nehushtan , king. . . and if this state have for his pride and tyrany brought this man downe into the dust of death , and rooted out all kingship after him ; righteous art thou o lord , and upright are thy judgements , psal. . . when king amaziah turned from following the lord , they conspired against him , pursued him to lachish , and slew him there , chron. . . . no man ever was questioned for it . thus that english king lived like rehoboam , following the young mens counsell , spake roughly , and armed himselfe against his owne people , chron. . , . . . and he dyed like jehoram , who reigned wickedly , and dyed without being desired of the people , chro. . , . but he hath received that recompence of his errour which was meet ; and loath should i have been to have raked up the dead-mans bones againe , but in defence of the living , and of our just state . it hath been said , objection pray for your enemies . yea , we pray for our enemies , in pitty to them , yet not to prosper them , but that they may be kept from evil-doing . againe , we must discerne between our enemies and christs enemies , for we may not bid god speed to christs enemies , who bring not his doctrine , joh. . . jehosaphat had this warning , thou shouldest not love them that hate the lord , chron. . . yea , david hated them , that hate god , rightfore , as though they were his enemies , psal. . , . and he often prayed against them ; be not mercifull , o lord , to wicked transgressours , psal. . . or , to such as offend of malicious wickednesse . also we must discerne between our owne private enemies , and the common enemies of our country , omnes omnium charitates patria complectitur , cicer. offic. private interests are all comprehended in the publick , he deserves no pitty , who pitties not the common-wealth , although there be a pretence of pitty to the enemies of our country . a publick spirit loves christ afore his country , and his country above himselfe ; and if above himselfe , then above the enemies of christ , and of his country much more ; alwayes preferring his country , and the welfare of them that love christ therein , above the enemies of his country ( who ever they be ) both in our prayers and praises , in our counsels , and in all our services of peace , and warre : for the king , and the parliament are majores singulis , yet they are minores vniversis , see vox militaris ; and as totum universum est majus suis partibus . a rotten member must not be spared , in pitty to the whole ; ense recidendum est , nè pars sincera trahatur . true it is , in common infirmities the rule is , forgive , and it shall be forgiven you , luk. . . for , love covers a multitude of sins , pet. . . in crying sins , and in criminall cases , the law is , thou shalt smite them , thou shalt utterly destroy them , and shalt shew them no favour , deut. . . in case of ignorance , we pray for our enemies ; father , forgive them , they know not what they doe , luk. . . but in case they offend of malice , we pray against our enemies , let death seize upon them : let them goe downe quicke into hell , for wickednesse is in their dwellings , and amongst them , psal. . . you have power on your side , objection and your profits , by the state , and no marvell you speake for them . i never received reward from the state , to speake for them , yet i have cause in duty , and thankfulnesse , to speake for them , in as much as i have received from them ; and if i speake for them , yet i speake the truth of them . they put the late king to death , . not privily , as zimri slew his master , but they brought him forth to his triall publikely , and legally ; had he had any thing to say in his owne defence , for clearing himselfe of the crimes charged against him . . nor did they this , as zimri slew his master , in his drunkennesse , a personall sinne against god , and himselfe , king. . , . but they did it for his sins against the nation , and this english people ; even as king joash , who was slaine on his bed , for cruelty and ingratitude against the sons of jehoiada the priest , who had anointed him king , chron. , . and as king amon , who was slaine on his bed by his servants , for his open idolatry , chron. . , , , . . they put him not to death pretending a jealousie without cause , as saul would have slaine his sonne jonathan , for pleading for david , and would have killed david , for that as long as david liveth , nor jonathan , nor his kingdome should be established , sam. . . . . not for small matters , as the corinthians went to law , cor. , , . . not for a seeming cause , as saul for his rash vowes sake , would have put jonathan his sonne to death , had not the people rescued him , sam. . . — , , . but it was for a cause reall , great , open , and manifest ; a breach of trust , and of his covenant with his people ; for setting up his standard , and warring against the parliament , who desired , and endeavoured to punish evil-doers , whom he favoured . a publike , nationall offence ; true , i doe honour this state , and if mine enemy should write a booke against me for so doing , i should binde it to my shoulder ; for god hath honoured them , with many succesfull victories over their enemies , and with much love of persons well-affected to god , and christ , who also doe returne their honour to god , and to the people that did chuse them , making the welfare and common good of the people their supreame law , being true keepers of the liberties and peace of the people ; and needs must i speake , write , and pray for their peace , let them all prosper that love them . touch not mine anointed , objection and doe my prophets no harme , psal. . , . and how then dare any man touch , or harme a king ? this question hath been 〈◊〉 moved , and as often answered ; but i say , it were rather 〈◊〉 asked , how dare any man touch , or harme his prophets , and his people ? which both are his anoynted there , not to be touched or harmed , no not by kings themselves ; for god reprooveth kings for their sakes , ver. . for kings are not therefore the lords anoynted , because outwardly anoynted by men . oleum , est tantum signum & judicium ja : rex . but the lords prophets and people were inwardly anoynted and sanctified to be the lords , vide geneva notes in margin ; for the saints in christ have this honour , to execute the judgement written against wicked rulers , with a two edged sword in their hands , to bind their kings in chaines ; and their nobles in fetters of iron , psal. . , , . yea , objection but these were heathen kings , as it is said , to execute vengeance on the heathen , and corrections upon the people , vers. . what difference between heathens by nationall profession , and heathens by un-christian conversation ? for what do heathens more then they ? in their works they deny him , tit. . . they eate up my people , as men eate bread , psa. . . and so do these kings who cease to be christian in their deeds : yea , and judgements are written against unchristian kings , as against heathen kings and other sinfull men ; if yee shall doe wickedly , yee shall be consumed , both yee and your king , sam. . ult. for , their thus sining , is the case of those circumcised , who became uncircumcised ; forsook the holy covenant , joyned themselves to the heathen , and were sold to doe mischeife , in the dayes of antiochus , macchab. . . christian kings in name , turn heathens , when they break asunder all bonds of nature , nation , and religion too . and they become punished as heathen princes be . when nebuchadnezzar , in his pride became a beast , his own people turned him out among the beasts , untill he should acknowledge the god of heaven ; that rules in the kingdome of men , and gives it to whomsoever he pleaseth , dan. . , , , . to the valiant commanders , and watchfull souldiers . epist. gentle , and contentfull souldiers , it was an old question of one hetruscus , whether a christian may in any case go to war ? it s answered , he may ; for to doe justice and judgement , is more acceptable then sacrifice , prov. ● . . and it s answered by osorius de nobilit . christian . lib. . respublica non possit stabiliri , nisi armorum praesidio , qui militem ●ollit , rempublicam funditus evertit . christus poli●eias non eripuit , sed in melius instruit . the common-wealth cannot be stablished , unlesse it be guarded with armes . take away the souldier , and yee overturne the commonwealth . christ would not abolish civil governments , but forme them for the better : he neither tooke the axe from the judges ; nor did paul deny the sword to the magistrates ; nor did john baptist disarme the souldiers , but prescribed them lawes of innocency and moderation , do violence to no man , and be content with your wages , lu. . . yea , paul cals the magistrate , a minister of god to thee for good , thou doing well ; and saith , he bears the sword to execute wrath upon them that doe evill , rom. . , . indeed , it were much to be wished by every christian , that a●l men may contain themselves from doing evil , that there were not this occasion given for punishment , & for war ; for , thy people shall be all righteous , then thy officers shall be peace , & thine exactors righteousnesse , the lord will hasten it in his time , isa. . , . but since that time is not yet , and this cannot ( yet ) be , yee must remember , that nation and kingdome that will not serve thee ( god and his people ) shall be wasted , v. . impetus hostium , est armis depellendus & civium audacia , est ferro reprimenda . the boldnesse of vice , must be reprooved with the couragiousnesse of vertue . our fathers of old were led by the spirit for the rebuking malefactors ; and we know that vengeance in a private matter becomes valour in the case of a commonwealth . patience in personall injuryes , does in nationall wrongs assume a magnanimity invincible , as joshua did ; and it was a fruit of their peace with god , when our fathers undertook sanctissima bella contra sceleratos , most holy wars against notorious offenders ; for what peace ? so long as jezabels whoredoms , and her witchcrafts are so many ? king. . . the end of war upon the wicked , should be the quietnesse and peace of those that are godly and honest . humbly acquaint your selves with god , and be at peace among your selves . couragiously follow the captaine of your salvation , patiently carry his crosse after him , faithfully commit the safe-keeping of your souls in weldoing to him , and let us pray also for the peace of englands common-wealth . amen . finis . notes, typically marginal, from the original text notes for div a e- sect. . sect. . august . sect. . destroy . sect. . sect. . sect. . sect. . ames . cas. li . . cap. . vrsin . sect. . sect. . sect. . sect. . sect. . sect. . sect. . sect. . notes for div a e- answ . ☞ ans. ans. . ans. ans. answ . ans. ans. ans. pendennis and all other standing forts dismantled: or, eight military aphorismes, demonstrating the uselesness, unprofitableness, hurtfulness, and prodigall expensivenes of all standing english forts and garrisons, to the people of england: their inability to protect them from invasions, depredations of enemies or pyrates by sea or land: the great mischiefs, pressures, inconveniences they draw upon the inhabitants, country, and adjacent places in times of open wars, when pretended most usefull: and the grand oversight, mistake, injury in continuing them for the present or furure [sic] reall defence of the peoples lives, liberties, estates, the only ends pretended for them. / penned by william prynne of swainswick, esquire, during his close imprisonment in pendennis castle. and now published for the common benefit, ease, information of the whole nation. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) pendennis and all other standing forts dismantled: or, eight military aphorismes, demonstrating the uselesness, unprofitableness, hurtfulness, and prodigall expensivenes of all standing english forts and garrisons, to the people of england: their inability to protect them from invasions, depredations of enemies or pyrates by sea or land: the great mischiefs, pressures, inconveniences they draw upon the inhabitants, country, and adjacent places in times of open wars, when pretended most usefull: and the grand oversight, mistake, injury in continuing them for the present or furure [sic] reall defence of the peoples lives, liberties, estates, the only ends pretended for them. / penned by william prynne of swainswick, esquire, during his close imprisonment in pendennis castle. and now published for the common benefit, ease, information of the whole nation. prynne, william, - . [ ], , [ ] p., - leaves, - p. printed for the author, and are to be sold by edward thomas in green-arbour, london, : [i.e. ] the page after p. is numbered . annotation on thomason copy: "dec: "; the in the imprint date has been crossed out and replaced with a " ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . standing army -- early works to . military bases -- great britain -- early works to . a r (thomason e _ ). civilwar no pendennis and all other standing forts dismantled: or, eight military aphorismes,: demonstrating the uselesness, unprofitableness, hurtfuln prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion pendennis and all other standing forts dismantled : or , eight military aphorismes , demonstrating the vselesness , unprofitableness , hurtfulness , and prodigall expensivenes of all standing english forts and garrisons , to the people of england : their inability to protect them from invasions , depredations of enemies or pyrates by sea or land : the great mischiefs , pressures , inconveniences they draw upon the inhabitants , country , and adjacent places in times of open wars , when pretended most usefull : and the grand oversight , mistake , injury in continuing them for the present or furure reall defence of the peoples lives , liberties , estates , the only ends pretended for them . penned by william prynne of swainswick , esquire , during his close imprisonment in pendennis castle . and now published for the common benefit , ease , information of the whole nation . habak. . . they shall deride every strong hold , for they shall heap dust , and take it . hosea . . iudah hath multiplied fenced cities , but i will send a fire upon his cities which shall devoure the palaces thereof . chron. . . and he took the fenced cities which appertained to judah . dan. . . the king of the north shall come , and cast up a mount , and take the most fenced cities ; neither shall there be any strength to withstand . ezeck. . , . he shall slay thy people by the sword , and thy strong garrisons shall go down to the ground : and they shall make a spoile of thy riches , and make a prey of thy merchandise ; and they shall break down thy wals , and destroy thy pleasant houses , and they shall lay thy stones , and thy timber , and thy dust in the middest of the water . london , printed for the author , and are to be sold by edward thomas in green-arbour , ▪ to the ingenuous reader . during my neer years causeless close imprisonments , ( without the least accusation , hearing , crime , then or since suggested against me ) by john bradshaw and ●his whitehall associates , in the since slighted disgarrison'd castles of dunster & taunton in sumersetshire , and yet continued garrison of pendennis castle in cornwell ; i had severall discourses with their officers and souldiers ( who , though seeming zealous professors of the gospell , i found very unwilling , * to beat their swords into ploughshares , and their spears into pruning hooks , and not to lift up a sword against any christian nation , nor to leavy wars any more , as the god and gospell of peace prescribe them ) concerning the vselessenesse , hurtfulnesse , and prodigall unnecessary annuall expensivenesse of those and other standing forts , garrisons , in-land and maritine , both in times of warr and peace , as being unable to defend the realm , or countrey round about them from invading forraign enemies , or pillaging pyrates , much lesse any parts of the kingdome remoter from them , and drawing many intollerable pressures , mischiefs upon the inhabitants in or near them , and on the whole nation ( especially in times of hostility when pretended most beneficiall ) infinitely over-ballancing all the advantages that could be alleadged either for their originall erection , or future continuation , if duly pondered in the scales of right reason . which being a theam never yet ( to my knowledge ) publickly debated in print , tending much to the common ease and benefit of the whole nation from these unnecessary pests and burdens , i did thereupon in my dark pendennis cell ( where i had few books and lesse light to read ) in september . to passe away idle hours , digest the substance of my discourses against forts , and garrisous ( to which i could receive no satisfactory replies from any officers or souldiers ) into these ensuing aphorisms , which i sent from thence to a since deceased friend in london . where gods providence ( after his death and my enlargement ) unexpectedly bringing them to my hands , i was thereupon induced to make them publick ; humbly submitting them to the serious consideration , approbation , or correction of every candid reader , and publick spirited statesman , sword-man , preferring the commonwealth , ease , interest of the over-exhausted nation , before his own personall pay , honour , command , and self-respects . a very rare vertue in this self-seeking age ; wherein few christian souldiers can truly say of themselves , as the thebaean christian legion under dioclesian the emperour did ; * offerimus nostras in quemlibet hostem manus , quas sanguine innocentium cruentare nefas ducimus . dextrae ipsae pugnare adversus impios & inimicos sciunt , laniare pios & cives nesciunt . meminimus nos pro civibus potius quam adversus cives arma sumpsisse . pugnavimus semper pro justitia , pro pietate , pro innocentium salute ; haec fuerunt hactenus pretia periculorum . pugnavimus pro fide , quam quo pacto censeruemus tibi , si hanc deo nostro non exhibemus ? and wherein we may justly take up the apostles sad complaint in his time , as suited to ours , phil. . . . i have no man like minded , who will naturally care for your estate : for all seeke their own , not the things that are jesus christs , or things really tending to the publick liberty , ease , wealth , and happinesse of the nation ; pretended to by all , for self-advantages alone ; but sincerely intended , endeavoured by few or none , if vox populi , or dei , may be credited . accept and peruse this treatise ( i beseech thee ) as a new light , springing out of darknesse , first compiled , and now divulged , onely for the generall ease and welfare of our english nation , by him who hath ever studied , to promote gods glory , and his countries publick liberty , interest , ease , more than his own private safety , or self-advantage , and desires to live no longer then he shall manifest himself upon all occasions to be , lincolns inne . december . . his native countries faithfull freind and servant , william prynne . errata . pag. . l. ●lay . r. stay . l. . r. rovers . p. . l. . if of . p. . l. . pruda penda ▪ margin . p. . l. ▪ gul. nubrig ▪ l. . ecclesiae . l. . bromten . ( ) eight military aphorisms ; demonstrating the uselesness , unprofitableness , hurtfulness and prodigal expensivenesse of all standing english garrisons to the people of ●ngland ; their inability to protect them from enemies invasions , depredations by sea or land , the great mischiefs they occasion in peace & open war , the oversight , injury of continuing them at the peoples excessive expence , ( or any other mercinary land-forces for the present or future real defence of the peoples persons , liberties , laws or estates . ) though garrisons in three or four of our greatest , richest , strongest cities ( which are as so many magazenes and places of refuge ) may in some respects be necessarie and convenient in times of war ; especially when guarded by the cities own arms and forces yet that our ordinary standing mercenary garrisons ( especially in small castles and blockhouses ) are not only altogether uselesse , but most dangerous , oppressive and mischievous grievances to the nation , both in times of war and peace , i shall briefly evidence by these ensuing aphorisms . . that the principal use , end of garrisons is onely to keep a * forraign conquered enemy or countrey in constant subjection and contribution to the conquerers ; therefore not to be contniued in our own free nation by those who pretend its freedom and enfranchisement from bondage , unlesse they resolve to make us their conquered vassals and ●ributaries , instead of english-freemen . . that all garrisons , castles , forts & block-houses throughout england if their works and fortifications were demolish't , would be nothing else but meer despicable , worthless , barren hills , or clods of earth , scarce worth two hundred pounds a yeer at their best improved value ; which no wise state●man or enemy , upon due consideration , would either value , look after ▪ or go about to fortifie , more then those many thousand unfortified rocks , hills upon the sea-coast or in inland counties , which any forraign or domestick enemies might , with as much advantage to themselves , and prejudice to the nation , soon fortifie and garrison with ●ase and advantage , if they would bestow so much charge & pains , as on those now fortified & furnished to their hands at the peoples cost , if once but masters of the field ▪ wch for●s would stand the enemies in no more stead , if now sleighted , then any other unfortified hills , rocks , or those garrison'd hills and rocks would do before they were fortified and garrison'd , being altogether as unuseful , unable to defend or secure the nation and people near them from the invasion● , plunder● , conquests of any po●ent enemy or party stronger then these petty garrisons , as any other unfortified , ungarrison hills or rocks throughout the island of like , or as strong a situation , and really serving only to defend the bare mercenary garrison-soldiers in them ; and the barren rocks , hills alone whereon they stand , not the whole nation or counties adjoining , in time of such invasion , danger , till they be either taken by , or surrendred to the prevailing party & enemy . therefore to put the nation , countrey to a vast annual expence of many thousand pounds each yeer to fortifie , furnish and man such garrison'd fruitlesse rocks and clods of earth , ( not worth . l. a yeer at utmost value ) which can neither secure the whole island nor people near them from forraign or domestick , enemi●s , and to continue them garrison'd at such a prodigal expence , is as great a solecis● , mad●ess● , prodigality in true martial & state politicks , as it would be ill countrey husbandry for the whole nation or private statesmen to bestow one hundred thousand pounds every yeer in planting , sowing the hills and rocks whereon these garrisons now stand , to reap a barren crop only of . l. a yeer at most ; which ( as they are now garrison'd ) yeild them not one farthing towards the pub●ike ●evenue , and yet have cost the nation very many thousand pounds out of their purses every yeer , to no use or end at all , but to cast away so much money on lazie garrison-soldiers , to smoke t●bacco , and cry one to another , who goes there ? ( as if we had stil too much mony in our dry-dra●n●d-purses ) and to continue them at this grand charge , only because the island and places near them , might be endangered , if slighted , & their ruins supprised regarrison d by an enemy ( who wil never certainly be so mad or sottish , as to fortifie any slighted garrisons , unlesse able to defend them against the whole nation ) is as grosse an absurdity , as to argue ; we must forthwith fortifie , garrison , all other advantagious sea-●oasts , rocks , hills , ●asses in england , because else any enemy might master , seise and fortifie them to the nations , peoples danger , damage ; and repair , fortifie all old late demolished castles , forts , block-houses , upon the same reason and accompt , ( which all the indian mines would not suffice to garrison ) . that england being subject to the forraign invasions , depredation● of enemies or pirates , only by sea with ships , which no fixed land-garrisons can incounter , assault , board , take , sink , or pursue from place to place , nor hinder from landing under their noses , if stronger then they ; muchlesse in any other place out of their command ▪ ( as is undeniable by our ancient seising of cadez and sundry townes , garrisons in the indies by sir francis drak , & others , and our late invading and taking in of the isles of silly , gersey , ga●nsey , the barbadoes and scottish island● , without the losse of any one ship , and of very few men , notwithstanding all their bl●ckhouses , forts , garrisons , for to secure them they are altogether useless prodigalities ; our victorious puissant navy being the sole , best , sufficient defence against them , and only able to resist , take , sink and surprise them : that england ( as mr. cambden and † others write ) being . miles in compasse , all invironed with the sea , except for some few miles space next to scotland ; it is as great a mistake in point of state-policy & as grosse an absurdity in military-skill , to assert or believe , that . or . standing garrisons , forts and block ▪ houses , distant sundry miles one from the other , not taking up or securing . whole miles of this vast circuit , and leaving no lesse then . miles thereof , and near as many ●an●ing places for enemies and rovers open to their invasions ; without any defence at all , can hinder either their landing or pillaging , or secure the island from invasions , by any considerable fleet and forces now , which they never could do in former ages , as its frequent invasions and conquests too by the romans , saxons , danes , normans and others , notwithstanding all our ancient castles and garrisons attest . and to continue them for this very end upon the impoverished nations drained-purses , by imposing unusual , unsupportable taxes , excises on them for their support , is as grosse a conceit , as to assert , that the garrison and guns in dover gast●e can forciblie keep off any forraign fleet of enemies or pirates from landing or plundering at the lands-end , lizards poin● , or whitsand-bay in cornwall , or at st. davids in wales ; or ▪ that the fortifying of the tower of london alone , or the uselesse block-●ouse● at graves-end ( which can neither slay , hurt nor sink any resolute ship or vessel , much less an whole fleet in a sunshine-day , nor yet discern them in a mist or darksome night , and can discharge their guns at them only at roves but once at most , with more expence of powder and bullet to the state , then harm to the vessels they shoot at ) will hinder a whery-boat or navy fraighted with soldiers at brainford from landing in ●u●●le-fields or vvindsor ; or the guarding and locking up of crippl●-gate alone , hinder an whole army or br●gade from entring into london at newgate , or any other gate of the city , though they all stood open , unguarded , & though all its walls and works ( like the late line about it ) were levelled to the ground . yea , as vain 〈◊〉 state , a military policy , as formerly to have built a fort onely at tyburn to secure all london , westminster and southwark , against the late kings army , without drawing any line of communication round about them , or placing any other guards then those in tyburn fort for their defence against them ; or to have placed a single company of the london militia at vvhite-chapp●l , to guard both houses whiles they sate at westminster , without auy other guardians to secure them nearer hand ; it being both vanity and folly to fortifie only one inconsiderable part of a town or garrison ( and so if the island ) if all therest be unfortified , and lie alwaies open to all enemies invasions without defence . . that in all times of publick peace , or when and whiles there is no enemy near , it is peace it self alone , and want or absence of enemies that secures the peoples , nations persons estates from danger , plunder ; not garisons or field armies ; which cannot universally protect their lives or goods in all places and at all times , when there is any open war or enemie in the field , as peace alone always doth , and will do still , without cost or trouble : therefore it must needs be very ill hu●bandry and no good state-●olicy [ in these or other times of inland p●ace ] to keep up land-forces and garrisons throughout the nation at the peoples intolerable costs , now there is no enemie at all in arms amongst us , to protect the peoples persons and estates from spoil and danger , when as our very peace it self and want of armed enemies , doth and will absolutely secure them both , without any charge at all , or either of these costly lordly superfluous guardi●n● ; which could not secure the greatest part of the nation from the late kings forces , power and plunder in times of ●●r nor yet the kings forts , his friends or quarters from the parliaments forces . . that in times of open war , no garrisons throughout the nation can secure themselves and those within them against a puissant army , or any party stronger then these garrisons ; which will soon * take them by force , stratagem , composition ; or for want of provision , ammunition , and ot her necessaries ; or by 〈◊〉 reachery or mutiny within themselves , unless timely relieved by a ●arching field-army able to raise their seiges , as late experience and all histories attest : yea oft-times a small party , far less and nothing so numerous as those garrisons , by some stratagem of war , sodain surprize , or through security or negligence of the garrison soldiers , or by the casual death of some eminent commander ; unexpected forcing of a passe or routing of some of the garrison soldiers in their sa●l●●s ▪ and entring with them in their retreat ; the successful springing up of some mine ▪ the blowing up of a magezine ; the stopping of all provisions for their relief , advantage of ground ▪ divisions amongst the garrisons , treachery , bribery in officers , soldiers , centinels , or townsmen , and a thousand other casualties , have in all former ages ( and will hereafter do the like ) conquered sundry strong garrisons throughout our three nations , and in all other parts of the world : besides no garrisons in our nation , without the assistance of a field army , either are or ever were yet able to protect themselves by their own strength against any powerful enemies seige , who resolved for to gain them , in times of war . it can be therefore little less then apparent folly or frenzy for us , to perpetuate and maintain them still at so vast a charge in these times of in-land peace throughout the nation , to protect and secure the whole land or country about them ; being thus unable to defend and secure themselves in the heat o●●war from foreign or intestine enemies . . that garrisons both in times of peace and war , are so far from being a benefit , safeguard or protection to the whole nattor , or to the inhabitants within them , the country about them , and the contributers towards them ; that in truth they are commonly their greatest grievance , oppression , loss , damage , mischief , and frequent occasions of their u●ter ruine both in peace and war , as shall be evidently demonstrated for our soldiers , state●-men , and nations future in formation , and speedy suppression of these grandest grievances , by these particulars . . in all times of peace , they put the whole nation , inhabitants , country , to an excessive prodigal expence of moneys , which would be better imployed in relieving and setting poor people on work , advancing trade , manufactures , merchandize , improving lands , and supplying the peoples particular occasions ; to all which , and the better relief of maimed soldiers , their continuance is and will be still extreamly prejudicial : they much impoverish , grieve , oppress , discontent the people by endless taxes , excises to maintain them ; by billeting , quartering , and oft-times free-quartering the garrison soldiers on them ; by the frequent mutinies , misdemeanors , abuses , outrages of garrison soldiers , and lordly imperiousnesse of their governors and officers , over-topping , over-ruling , and sometimes abusing in many places the nobility , gentry , ministry , and civil magistracy , as well as common people ; and interrupting the course of justice , by protecting both themselves and their soldiers from arrests and executions for just debts , duties , trespasses to the people ; by entertaining , listing and detaining children against their parents , servants and apprentices against their masters , husbands against their wives and families good wills , to their great grief and prejudice ; by keeping of many thousands of able , young , lusty men in meer idlenesse , spending their time in eating , drinking , gaming , whoring , sleeping , lewdnesse , or easie uselesse duties day and night , onely to gaze about them ; to call to one another , stand , &c. and to spend much match and powder to no purpose , but to waste them and our treasure in complements ; and in the mean time robbing the nation of the benefit of their honest painful labors in their callings ; by their frequent running away upon discontents or misdemeanors● , leaving their wives , children , and not a few great bellies and bastards on the inhabitants and countries charge ; running into their scores and debts for quarters and necessaries , and then departing without payment of them ; by infecting the inhabitants and country with the vices , errors , blasphemies , sins , corruptions , diseases of the worst and deboysest soldiers ▪ by occasioning many murders , men-slaughters , blood-sheds , quarrels , brawls , robberies , thefts burglaries , dlsorders , oppressions , drunkennesse , idlenesse , gaming , whoring , swearing , neglect contempt of magistracie , ministry cods publike ordinances , sacraments , sabbaths disturbances of our ministers and publike assemblies in and near the garrisons by dangerous practices to undoe or vex many innocent persons , which else would be prevented ; by hindring peoples free ingresse into , and egresse out of garrisons about their urgent occasions , concerning which their centinels , corporals , governors strictlie interrogate them ex officio , and force them to dance attendance on them sometimes many hours space ▪ to extort beer or money from them before they can passe or repasse about their businesse ; by searching the houses , studies , seising the persons letters , writings of divers persons by their own bare authorities or others unlawful warrants ▪ against all law and the peoples native freedom upon feigned pretences , causeless jealousies , idle rumors vain fears , and sometimes secret conspiracies against their very lives and estates , which are made a prey to these soldiers : by sundry other abuses , in seising their arms . birding and fowling piec s , moneys plate , horses , goods ; and impresting their horses , ploughs carts upon needless , or wrongful publike or private occasions and pretences . in all which , and sundry other respects they are extraordinary grievances to the nation , garrison'd places and countrey adjoining even in time of peace . therefore not to be continued upon any vain pretence whatsoever . . in times of war , when they are pretended most necessarie , they are then most chiefly prejudicial , pernicious , destructive both to the whole nation in general ; the places garrison'd ; the adjacent country and all contributing towards them , as these experimental demonstrations will undeniablie evidence against the erroneous opinions and practise of all pseud●-politicians and soldiers contrary pretences , wherewith they delude , yea , cheat the ignorant people : for , in times of actual wars ( especially civil , when they are most pernicious ) they bring a general mischief on the whole nation , and that in these respects : . by length ning and drawing out their intestine wars with the plagues and miseries attending them , for many yeers space , as our ancient and late wars manifest ) by a tedious and successive seige of their garrisons , till reduced ; to the great waste , spoile , destruction and impoverishing of the people ; the innumerable increase of fatherlesse children , widdows , poor and maimed persons , the slaughters , deaths of thousands more then if there were no such garrisons . . by multiplying the peoples taxes , expences , to furnish and maintain these garrisons , and raise , pay a great field army besides , for these garrisons security , which would be a sufficient safeguard to the nation without them . . by lessening the number , weakning the strength , substracting the military provisions with all other supplies and recruits of the field armies , in whose good or bad successe , strength or weaknesse , the safety or ruine , preservation or conquest of the nation ( next under god ) doth alone principally consist ; and whose victories or ill successes the whole nation , with all garrisons usually do , will and must of necessity follow ; their garrisons being unable to defend them from plunder , total and final conquest , if their field armies be quite routed or destroyed ; which would speedily end the wars by pitched battels in the field in a few dayes , weeks , months at furthest , were it not for besieging and taking in garrisons , which ( through the artifice of mercenary o●ficers and soldiers ) protract the wars for many yeers , and continue the plagues and miseries of war upon the nation far longer then if there were no garrisons in it as , ancient and present experience must and will attest . . they are in times of actual war most prejudicial to the towns and places garrisond in these ensuing regards . . by doubling , trebling their taxes , contributions , payments , charges to new fortifie and furnish these garrisons with ammunition , artillery , cannons , provisions , magazines of all sorts ; augmenting their mercenary guards and soldiers by hundreds and thousands in some places , to their great impoverishing and vexation ; and that oft times , to betray them to the enemy at last ; yea , to lose those garrisons in a few dayes or howrs , which they have thus ( to their vast expence and trouble ) been fortifying , furnishing , guarding many moneths or yeers space together , as the late presidents of bristol , hereford , with other garrisons belonging both to the king and parliament in england , ireland , scotland and elsewhere , demonstrate ; and the histories of all ages , countries testifie . . by continual billetting ▪ quartering and free-quartering the garrison soldiers and officers on the inhabitants , within or near the garrisons , to their great oppression , vexation ( superadded to their taxes ) oft times to their utter undoing . . by drawing the field-forces likewise into them , and free quartering them all the winter long , or when they are out of action , for their better accommodation and safety , to add to their former affliction ; and by continual uncessant qnartering of other marching soldiers on them upon all expeditions , parties sent out upon emergent occasions ; from which heavy pressures , ungarrison d places and villages remote from garrisons , are either totally exempted or ten times more free then garrisons ; which would be as free as they , were they not made garrisons . . by exposing them to all the forementioned mischiefs and inconveniences of officers and garrison soldiers in times of peace ▪ doubled and trebled in seasons of warre , when the soldiers are farre more unruly , deboist , injurious imperious over them in all kindes then in peace . . by inviting , inducing or necessitating the enemies forces to besiege , and inflict upon them the saddest calamities and plagues of war , from which ungarrisoned towns , and places far from garrisons are usually exempted ; or not so liable to , especially in civil wars . to enumerate some particular miseries accompanying seiges . . burning , wasting , destroying their own suburbs , neighboring houses , villages , orchards , gardens , trees in or near their garrisons , walls or works , and that frequently by their own officers and garrison soldiers , to prevent the enemies quartering in them or some annoyances from them ; or to contract their works for their better and easier defence of what remaiins unburnt or unwasted , to the undoing of hundreds and thousands , left houslesse and harborless by this inhumane policy , as bad or worse then any enemies rage ; as the sad late presidents of the firing the suburbs of bristol , excester , taunton , lincoln , york , colchester , and other garrisons , experiment ; with some stately houses , and whole villages adjoyning to them : to which may be added , the like frequent furious devastations of them by the enemies , if spared by themselves . secondly , losse of all trading , commerce ▪ and markets , during the leaguers about them , when they need them most of all . thirdly , perpetual fears , alarms , disturbances , watchings , frights , day and night ; continual hard military duties and skirmishes with the enemy , even by the inhabitants themselves at their free cost , notwithstanding their hired , dear-waged guardian soldiers to secure them . fourthly , forcible seisures of the inhabitants houshold-provisions of all sorts , with their beds , bedding , arms , money , plate , to feed , lodge , arm , pay , their mercenary servants ( then in all things , their most absolute lording masters ) who extort and will take from them and theirs all they have , of purpose forsooth to protect them , though those their protected pay-masters and their whole families starve , lye cold or naked on the boards , want money to buy them bread , necessaries , or lie sick in greatest distress . fifthly , the losse of many of the inhabitants lives by assaults , granadoes , fire-works , sallies , shots , wounds , famines , plagues , feavers , and other sicknesses ( usually accompanying sieges and wars ) by invented false accusations , suspitions of holding intelligence with the enemies , or plotting to betray the garrison to them ; by suddain fears , frights , discontents , firing or beating down houses , springing of mines , and the li●e , during their seiges ; in many whereof if sharp or long , or accompanyed with plagues and sicknesses , above half the inhabitants or more have frequently been quite consumed , and the rest utterly undone , though the enemies left the seige at last . sixthly , the wounding , maiming , loss of limbs of many of the inhabitants , multiplying of their poor widows , desolate orphans by seiges , and their new charge to relieve them . seventhly , the total banishment , captivity , slaughter and extirpation of all the inhabitants and mercenary soldiers too in garrisons , if taken by storm or assault , by putting them all to the sword , man , woman , and childe , without distinction , or the greatest number of them , and carrying the rest captives thence , whereof there are hundreds of sad presidents in * sacred and prophane history . the famous protestant town of magdeburgh in germany , of late years was by bloody general tilly , put totally to the sword , and then burnt to ashes : and tredagh in ireland , though for the most part protestants , always constant to the parliament , enduring many long and sharp seiges by the irish popish rebels ; yet submitting to marquesse ormond ( a sincere protestant , formerly general for the parliament in ireland , and then for the king ) and receiving a garrison from him at the last , when their governor entred into an offensive and defensive league with owen roe-oneal ( the general of the popish rebels ) their greatest enemy , and chief contriver , fomenter of the irish massacre and rebellion ; upon the late taking of it by storm , most of the inhabitants were thereupon put to t●e sword , without distinction , together with all the garrison soldiers , by gen. cromwel himself and his forces , to the great grief of many good protestants there ; which fatal desolation and total destruction they had all escaped , had they not been a garrison . eightly , the total demolition and burning to the very ground , of sundry private garrisons , castles , strong magnificent houses of ancient nobles and gentlemen , and of some fair churches too , when taken ; whereof our late wars have produced many sad spectacles , as rag land castle , basing house , rowden house , cambden house , litchfiel● clos● , banbury , pomfret castles , with sundry more : and which is yet more grievous , the burning to the ground , and total desolation , depopulation , ruine of many great famous garrisons , cities and towns ; as troy , jerusalem , tyrus , athens , with hundreds more ; and of the best and greatest part of other stately cities , never since repaired , re-peopled , whereof * sacred and prophane stories of former ages , our own annals , and late experience can furnish us with multitudes of sad presidents : which fatal subversions , devastations , they had all escaped , had they not been garrisoned and stood out a siege . ninthly , the total spoil , plunder , confiscation of all the inhabitants goods and estates ( if not their lives ) to the enemy , if taken by assault or stratagem , to their universal undoing ; and yet putting them to future fines , ransoms , and heavy taxes afterward , to buy their peace , or save them from the general subsequent plunder of all not formerly spoiled by the soldiers ; all which they had escaped , if un-garrisoned . tenthly , the unavoidable reception of greater , and usually worse domineering new garrisons from the conquering enemies ; oft spoiling , plundering , firing ransoming , executing the wealthiest of the inhabitants ( notwithstanding all articles of agreement for their indempnity and security ) though taken by surrender onely , not by storm ; which articles are usually much violated , and very seldome kept by faithlesse , greedy , rude , plundering officers or soldiers , who add affliction to affliction , and a new undoing to the old ; to whose new lording lawlesse power , orders , pleasures , government , the inhabitants must all submit , or else they & their families must be forthwith banished out of their native habitations , as enemies , stript naked of all they have , and forced to wander cold & naked about the countrey like vagrants for bread , clothes , relief , houseroom , which they plentifully enjoyed before , to the breaking of their hearts , and shortning of their lives . eleventhly , these garrisons are oft taken & re-taken over and over ▪ and so as oft plundered , re ▪ plundered , spoiled , ransomed , and new garrison d by both sides yea those of them who were protected as friends and favorites to the one side , are sure to be most spoiled , plundered , oppressed , persecuted by the other ▪ and to suffer thus in their successive turns till they be quite undone and ruined by their frequent takings and re-takings on both sides ; as bristol , exeter , with other places ▪ have found by late sad experience : the vicissitudes and miseries of these garrisons never ceasing till their wars and garrisons cease , and they became no garrisons . twelfly : if any besieged garrisons escape taking in the wars by seige ( as gloces●er , hull and l●me did in our late wars ; but scarce any else ▪ ) yet , as it was more through gods mercy , and the valor , vigilancie and strength of their own inhabitants and other volunteers then of their hired mercenaries ; so the length of losses and damages by their very leaguers , did more indammage , impoverish them , then an honorable composition with the enemy at first , or the leaving their towns quite ungarrison'd would have done ; besides their exemption from all those fears ; hardships and other miseries accompanying their leaguers . there was no garrison in the late wars throu ghout the nation , but if left ungarrison'd by either side , might with the quarter or half quarter of its unnecessary expences to make and keep it a garrison , have avoided all the miseries , losses , devastations , plunders , pressures it suffered as a garrison on both or either side , without an● great danger or pillage to the inhabitants , persons or estates by either side : and half the charges of our garrisons on both sides , would have defrayed the whole charges of both the field armies , and ended the wars in far lesse then half the time they were protracted by means of garrisons . in brief , our small castles and garrisons even in times of wars , are , & can be no defence at all , but great oppressions and grievances to the people and countrey ; our great garrisons are then but small defences and greater burdens and grievances to the people then smaller ; yea , all of them after all their fortifications , costs & expences , are , or may be taken by * forc● , stratagem ▪ famine or treachery at the last , by any enemy who is but master of the field ; witnesse the strongest of cities , ●yrus , ezek. . and ierusalem gods own most fortified city , of which the prophet thus writes , lam. . . the kings of the earth and all the inhabitants of the world would not have believed , that the adversary and the enemy should have entred into the gates of jerusalem ; yet was it often taken , pillaged , dismantled and burnt by the enemies , chron . . &c. chron. . , , to . yea , our own garrisons were the principal seats , theaters of all our former and late wars , epsecially when besieged by either party : whence a siege is usually termed le-guerre , from the f●ench , that is to say , the war ; because there is no war to speak of , till then : battels in the field being fought and ended usually in half a day or lesse , and oft within one hour or two at most ; when as sieges ( accompanied alwaies with frequent skirmishes , constant batteries , sundry assaults , sallies , stormings on all hands , or in some quarter or other ) continue many dayes , weeks , months and yeers , sometimes with far greater danger and losse of men on both sides ; and are usually seconded with many skirmishes , bloody battels and incounters of armies or parties sent to victual , relieve the besieged , or raise the siege , occasioning more and greater slaughters then a pitched battel in the field alone , as all histories and experience manifest . upon all which confiderations , all statesmen , soldiers and intelligent inhabitants of garrisons , who have any brains remaining in their heads , or consciences in their brests ) must ingenuouslye ( after due deliberation ) acknowledge ; that garrisons even in times of open wars ( especially intestine ) are so far from being a benefit , blessing , security or protection to their inhabitants and owners , that they are the extreamest pressures , grievances , curses , plagues , dangers , and most destructive , desolating instruments that possible can befall them ; as bringing all the furies , plagues , miseries and extremities of war upon them in perfection , so as it were better , safer for the inhabitants of all or most garrisons at least , and more conducing to their safety in respect of bodies , goods , and freedom from all sorts of inconveniences by war , to continue disgarrison'd , and lye open to both parties armies , as countrey villages do , thereby to escape all the forementioned plagues , to which garrisons are exposed ; or else ( if there be cause ) to fire their own houses before hand , or leave them empty , and flie with their families , goods , moneys , and what else they have , into bogs , woods , rocks , caves , wildernesses ( as the the wilde irish , high-landers , scythi●ns , and all nations wanting garrisons do ) and there to secure themselves from the enemies , till withdrawn thence , routed , or the wars ended ; and thereby to save all or most they have for their own and families uses ; then unadvisedly of their own heads , or by the command of any in power over them , to put themselves to an extraordinary vast expence to erect , fortifie , furnish and maintain garrisons of mercenaries to no other purpose at all , if seriously considered ( unlesse able to defend themselves without any mercenaries or taxes , but meerly voluntary , when and where there is occasion only and no longer ) but meerly to expose themselves to all the premised calamities of war and garrisons , under a brain●esse pretext and lying imposture of defending their persons and estates from ! danger or molestation by the enemies or others , the contrary effects whereunto they ever occasion , both in peace and war . thirdly , in times of open wars garrisons bring these manifold evils and miseries on the adjacent countrey villages and contributing friends and neighbors near them , instead of any real benefit or protection from them ▪ which they neither do , will nor can afford them in their greatest needs , though they voluntarily or by co-action ( against all reason ▪ and conscience largely contribute to their fortifying and supplying for this end . , upon the approach of any enemy to besiege them , these very garrisons ( their friends and protectors ) like professed enemies , oft fire their adjourning houses , cut , pull down their trees , orchards , fences , ditches , walls , pales , drive away all their cattel , carry away all their goods , money , plate , arms , houshold-stuff , with their very houshold provisions into their garrisons ; by meer violence against their wills , intreaties , cryes , tears , without any price or consideration at all , to victual and furnish the garrisons with necessaries against the siege , or else to preserve them ( before the enemies approach ) from the enemies possession or plunder , who else would seise them to their disadvantage , when as the enemies for their own better accommodation , would use them more favorably , and not plunder them half so much as these their pretended friends and new protectors . secondly , they are more frequently visited , plundred , spoiled , captivated , fined , ransomed by the enemy upon all advantages and occasions , when there is no siege , then places more remote from garrisons , and not contributing to them for protection , upon these two accompts . . to deprive or straiten these garrisons the more of all provisions , necessaries , supplies and contributions from them , if not totally to withdraw them from them . . because they accompt them their professed enemies , for being contributers , friends , neighbors to these garrisons , & so all they have is lawful plunder without dispute , unlesse they will redeem it , by fines or ransom s , or by paying as great or greater constant contributions to them and their nex t adjoyning garrisons , as they do to those , to live in peace ; being thus made a double prey to both sides , under colour of protection by and from both . an intolerable double pressure and imposition , of which our late wars afforded many experimental presidents , in most places next to garrisons ; who if the pillaging enemies be strong at any time , neither will , dare not ought ( as they hold by the laws of war to stir out of their garrisons to encounter or protect their country neighboring contributors from their plunder , even under their walls and view , for fear of being cut off , and losing the garrison to them : such notable useful protectors are they to the adjacent countrey , as not to stir one foot to help them at their greatest needs , but expose them to their enemies spoil without resistance , if unato protect themselves . thirdly , they are more frequently then any others of the country further of , oppressed , vexed , hindred , impoverished , with the seising impresting of their servants , children , ploughs , carts , horses , and sometimes taking them quite away , by both sides alike , either for publick services or private occasions , to their vexation or undoing . fourthly , they are more oppressed by laboring in , and contributing to these garrisons fortifications , carrying in their ammunition and other provisions cost-free , or for little pay & that long ere received ) constant contributions to their garrisons ; quartering , free-quartering , insolences , outrages ▪ abuses of the garrison soldiers , of marc●ing parties of the field army it self , when drawn into quarters , then any parties more remote from garrisons ▪ and their persons more oft imprisoned , beaten , wounded , their wives , children , servants , more abused , their houses more ransacked ; goods , monies , more frequently seised and taken away upon malice , jealousies , pretences by crafty knaves , officers and pillaging soldiers , then others farther off them . fifthly , when these garrisons are besieged ( as usually and frequently they are ) their pressures and miseries are beyond expression : the men , if well affected to the garrisons , are all forced by fear or otherwise from their houses into the garrisons , woods or other counties ▪ if not their wives , children , and whole families likewise , to avoid the fury , pressures , troubles , insolencies of the besieging enemies , who fill all their houses with their free-quartering rude abusive soldiers , eating , drinking up all their beer and other provisions whatsoever for man or beast , both within & without , not leaving them or their families bread to eat , or beer to drink , nor yet any bed , bolster , cushion , or ought else to rest their heads on , or straw to lie in : tread and eat out all their grasse , hay , corn standing or cut , with their horses : kill , devour , drive away all their stock , cattel , which the garrisons have left them , as good booty ; burn up all their pales , houses , wood , timber-trees , fruit-trees , for firing , & soon make them all as poor as job himself . . they are more frequently then any others of the countrey further off , oppressed , vexed , hindred , impoverished , as aforesaid ; and every new siege by either party reiterates the same or worse effects as the first , to their reiterated beggerie , as many late experiments fresh in peoples minds about plimouth , excester , lime , ●aunton , bristoll , glocest r , worcester , oxford , york , hull ( whose first siege produced the drowning of all the countrey round it in the beginning of our wars ) and most besieged garrisons evidence beyond contradiction ; which miseries countries void of garrisons , or remoter from them , doe not sustain ; the quarterings on them being neither so frequent , thick , long-lasting , or oppressive , as in places next to garrisons , especially in sieges . . in these garrison'd leaguers their gardens , grounds , orchards houses , are frequentlie destroyed , digged up , or pulled down , their trees and timber felled , their men , women , children , ploughs , carts , horses forced day after day , to toile and labour in making trenches , sconces , batteries , approacees , mines , redoubts , or carry timber , provisions , artillery , armes , and other baggage , which remoter parishes are free from ; and themselves would be so too , but for these garrisons , which occasion and enforce these sieges . . if the opposites field armie or strong parties from them during the sieges , approach to raise them , or to victual or relieve the garrisons , the oppressions of the adjoyning parts ate then doubled , trebled , and spread wider round about these garrisons , till the whole country , ten , twenty ▪ or thirty miles about , by the long quartering and lying of so many armies , parties upon them , and marches to and fro to take or relieve the garrisons , be quite undone and eaten out ; and so one or both armies necessitated to seek out fresh quarters ; or the garrisons taken or relieved . after this the necessitated neer-starved garrisons requiring new supplies of all sorts , if not taken , extort them from the adjacent countries , if they be to be had above ground , which addes much to all their former afflictions : and then again some other new sieges or occasions drawing one or both armies thither afresh , so soon as the miserable country people have gotten any thing about them , they are , to their endlesse vexation , exposed afresh to all the fformer miseries of wars , s●eges , and never eased of them till the garrisons either be demolished or disbanded . from all which experimentall arguments , and real demonstrations of undoubted verity , all rational men whatsoever , and no doubt the whole nation , country , inhabitants of garrisons , with all consciencious self-denying statesmen and souldiers , who really intend or affect the peoples true weal , ease , or safety ( the supream law , the prrncipal end of war , peace , garrisons , armies , parliaments , councils , magistrates , government and higher powers ) as the army-officers themselves ●emonstrated , in the very worst of their remonstrances ▪ nov. . making it the basis of all their exorbitant unparallel●d demands therein , & of their violent proceedings in pursuit of them ever since ) will and must henceforth confesse , conclude against all erroneous opinions and practises to the contrary ; that t●e raising , fortifying and holding up of garrisons , ●ept by mercenary soldiers , even in times of civil or other wars , is so farre from being a protection , advantage , security to the nation in general , the garison inhabitants , owners of garrison'd castles , or houses themselves , or the country adjoyning to and contributing towards them ; that they are their greatest oppression● , gri●vances , calamities , plagues , burdens , vexations , damages , ●or●ures , heart-●reakings , and usually the chief occasions of their oppressio● , utter ruin● , desolati●n , devastation in war and peace ; and so in reason , justice , conscience , prudence , ought to be eternally exploded , dismantled , disgarrison'd ( as well as sundry heretofore and of late , there being the selfe same reason for all as for any ) for the nations , inhabitants , countries ease , peace , weal , and future exemption from all the forementioned evils and miseries attending them both in peace and war , without delay or further dispute , by all in present power , or by the supream authority of the people themselves in their wilful neglect or delay ▪ out of any sinister or self seeking ends or designs whatsoever , which their publike ease and benefit should outvie . . that in all times of civil or other wars within the nation , the true interest , safety , preservation and protection of the island and peoples persons , estates , laws , liberties , inheritances , rights , consist not in our garrisons , or any mercenary officers and ●oldiers , english or forraigners , modelled or new modelled into a field army , since mercenaries , as well domestick as forraign , in all ages have ever sought nought else but their own private lucre , honor , power , advancement to places of greatest authority , gain , trust , and frequently ( after good successe in wars ( presuming on their strength and merits ) have supplanted , subverted , suppressed , destroyed those very powers and persons who first raised , paid and confided in them for their preservation , and preferred their own mercenary officers and generals by treachery , murther , perjury and open violence to the imperial and royal thrones of their lawful soveraigns and superiors ( murdered and deposed by them ) as the * roman histories and others ; the practice of the m●maluhes — in egy● ; of alexander the great his own captains , who notwithstanding their extraordinary pretences of honor and respect unto him and his , not only poysoned himself ( as some authors write ) but murdered his own son , heir to his empires & conquests , together with his mother , wife , & all his remotest 〈◊〉 that might lay claim to his dominions by hereditary right & then divided his territories between themselves made , crowned & styled themselves kings ; and then by gods avenging justice out of covetous , ambitious spirits , warred upon each other so long , till they had all murdered and slain each other , as arrianus , plutarch , justin , curtius , diodorus siculus and dr. usher in his ecclesiastical annals of the old testament record at large ; with † other innumerable presidents abroad ; and the practice of vortigerr , heng●st , horsa and divers others at home , sufficiently manifest in all times , with scripture presidents likewise : but our real interest , protection , safety resides ( next under god ) in the nobilities , gentries , and peoples united voluntary , unmercenary defence and protection of themselves in and by their own persons , with their own arms , servants , sons , tenants , retainers , according to their respective abilities ; as appears by the politique original institution of ancient * ●enures in knight●-service , escuage , castle-guards , and the like ; the old charters of our corporations and cinque-ports , obligi●g them to finde a certain number of men and ships at their own costs , to defend the realm in times of war ; with all ancient writs , commissions , p●ecepts for arraying the people of the realm in times of war and danger , according to their tenures , estates , customs , to defend the realm and themselves from invading enemies at all times ( cited in the printed argument● concerning ship-money , and the * declarati●ns bo●h of the king and par●iament concerning the commission of array ) all former statutes concerning arrays , arms , musters ; and the old long continued practice of our ●rain'●-bard in each county and corporation , formerly reputed the nations chief ●●curity in intestine and invasive wars , with the late militia'● raised on and by each county at their own vast expence to defend it and the nation , as the best & safestguard when all sorts were commanded to serve in person , ( notwithstanding all garrisons , mercenary field-forces , and the army then and since continued ) as our fafety . and indeed common reason proves , that as every man loves and prefers his own person , family , estate before a strangers , or any others ; so he will more vigilantly , sincerely , effectually defend and protect them from enemies or dangers then a y mercenaries , how trusty and valiant soever they be . and as every true s●epherd and owner of sheep is more careful to defend and preserve them from thieves and robbers with the hazard of his own ●●fe , then any stranger or hireling whose the shee● are no● , who will s●ie and desert , or else he●p to prey upon them , and play the ●hief himself in times of danger or advantage , as christ himself resolves john . so every able private person , family , parish , town county , association ( and by like consequence the whole nation ) will better , cheaper , and with lesse inconveniences by far , defend and secure themselves by their own unmercenary persons & arms , voluntarily united according to their respective abilities , without any general forced taxes and illegal excises imposed and continued on them against their wills , then any mercenary officers and soldiers whatsoever , ( who making onely a trade and gain of war wil therefore spin it out as long as the nation or people have any moneys or estates to pay and inrich them ) and will sooner conclude and settle peace upon their own terms upon all overtures and occasions , then mercenaries , who neither desire nor intend our publike peace in reality but interrupt it all they may , when neer concluded , ( as in the late treaty ) with armed violence both against king and parliament . uup ▪ on which grounds our a●cestors never usually entrusted any mercenary armies , but themselves alone with their own and the kingdoms defence , scarce ever imposed any taxes on the people by publike parliamentary authority in any civil wars and very rarely ( except a subsidy , or fifteen now and then ) for the kingdoms defence against forraign invasion ; but onely for their inva●ive , de●ensive forraign wars in fr●nce or elsewhere . why then the whole nation , nobility , gentry and people of all sorts , should not now again be trusted with their own arms and self-defence , as well as in former ages , being their native priviledg● and b●r●hr●gh , their onely best security and prevention against all publike enemies and invaders , but are forced to pur their armes , lives , estates protection into the hands of mercenary officers ▪ soldiers garrisons , who notwithstanding ● their vast endlesse expences for their pay , have so often abused , violated their trusts , lengthned our old , engaged us since in successive new wars against our protestant brethren and confederates themselves ▪ and have almost eaten up all our real & personal private estates , with , the whole publike ancient inheritance and standing revenues of the nation ; let all prudent statesmen , and patrons of their countreys rights and priviledges resolve ; the rather , because our mercenary soldiers ▪ garrisons , forts , are so far perverted from their primitive use , to preserve our persons and estates from enemies and violence , that they are now made the only janazaries , goalers , goa●s , prisons forcibly to seise , imprison , close imprison the persons , ransack ●t he houses ▪ studies of the emminentest parliament member● , patrons and freemen sufferers for our publike libe●tie● , laws , propertiesr , religion ; and the onely instruments under the new guardians of our libertye ▪ , to bring the whole nation and all english freemen of full age , into perpetual wardship to these new seigniours , since the old cour● of ward ▪ for ●nfants , only till they came of full age , is quite voted down as a grievance , though not comparable unto this ▪ of men of full age ; yea , parliament members new strictest wardships and close restraints under armed garrisons and centinels of meanest quality in these garrison'd new courts of wards . . that maritine garrisons , forts , blockhouses at the entrance of our harbors ( as pendennis and s. mawdits castles at the mouth of falmouth haven , harwich , and others of that nature ) are altogether useless , unnecessary expensive charges to the republike , unable to hinder the ingress , egress , or regress of any warlike ship , ships , or navy into the harbors , much less to sinck them , with all their cannon-shot , which i shall thus demonstrat● . . in dark nights , and misty days , mornings , evenings ( which take up neer halfe the space every yeere ) they can neither clearly see nor discern any ship or vessel passing into or out of their harbo●s , muchlesse then hinder their free ingress or egr●ss by shot or otherwise , when they cannot so much as see them . . in clear sunshine dayes , and moon-shine nights , any small vessels ( much more then resolute men of war , and whole squadrons , navies ) may safely pass and repass into or out of these harbors , or anchor in them without any great danger , harm , or sinking by their cannons ; which standing for the most part high upon the land ( especially at new flood , half tide or ebbe ) and not levell with the sea at full tide ; an● being likewise not halfe so many in number , nor so large in boar , as most men of warre now carry in one tire or side , discharged for the most part at rovers by unskilfull gunners and matrosses one after another , and fixed upon one platform , whence they cannot easily or speedily bee removed , can hardly in several shoots so much as hit any one single vessell , much lesse hurt or sink it in its passage under saile by these forts and blockhouses , being past their levell and danger at the first discharge of their cannons over against them , and quite out of it ere they can be recharged ; much lesse then can they stopp , sinke or mischiefe an whole navy or squadron of men of warre , which i shall demonstrate by several instances old and new , beyond contradiction . . sir francis drake in his famous voyage to the west-indies with a small squadron of ships , entred five of the chiefe ports the spaniards there held ▪ took and fired their ships there riding under their castles , forts , blockhouses , and pillaged their towns themselves , notwithstanding all their cannons and artiliry playing upon his ships , both from their forts , castles , blockhouses and ships there riding , and that without the losse , sinking or spoyling of any one of his vessels : and some other english sea ▪ captains then and since did the like , as mr. harkluit in his printed voyages at large relates . . our english navy in queen elizabeths reign , in their expedition against cadez , tooke the whole iland and city in one day , burnt and tooke all their ships , treasure , magazine and ordnance there , notwithstanding all their forts , block-houses , numerous mounted cannons discharged against them , without the loss or spoil of any one ship , and of very few men , as mr. cambden , speed , and others inform us in her life . . the hollanders both in the east and west-indies have frequently entred the spanish havens with their ships , in despite of all their cannons , forts and blockhouses , anchored in them , and pillaged , fired , took the spanish vessels riding in them under their castles , without the sinking of any one man of warre by their cannons firing , as the history of the netherlands , purchas and hackluit in their voyages , and others record . . the dutch men of warre , and other vessels have sundry times in a drunken bravado , at mid-day passed in and out of our harbors at harwich , plimouth , falmouth , & southampton , without striking sail to the forts there , and gone away without any hurt , danger , stop , notwithstanding all their cannon-shot to bring them in , as i have heard by many credible eye-witnesses . . sir robert mansel in his voyage against algier , with his boats fired sundry of their ships , drawn on shore under their castle-walls & blockhouses , without the loss of one boat or ship , and very few men , notwithstanding many thousands of cannon and more of musket-shot from the castle and ships , as captain george carteret who saw it , and was active in it , informed mee whiles i was prisoner in jersey . . since our late unhappy wars , two very small squadrons of our ships successively landed the parliaments forces under the very blockhouses and forts of scilly and jersey , without the loss or hurt of one ship or barque by their cannon shot , and with the loss of very few men , and reduced the castles and ilands too with a farre lesser land-force then the king had there in arms to defend them . since this , sir george ascough with a smal navy entred into the chief part & harbor at the barbadoes , took & brought out thence fourteen or more dutch vessels , and others riding therein , passing and repassing , without the loss , sinking , hurt , of any one ship , or slaughter of one man , within half pistol shot of their castle and blockhouses , which plaid upon his ships all the time with their cannon & musket shot ; and soon after he reduced the whole iland notwithstanding all their forts and forces ; as the printed diurnalls and relation of its taking , and letters thence inform us . . since this i read in our diurnalls , that prince rupert took some of our merchants ships riding under the castles and blockhouses of our english plantations in the indies , which played upon him with their cannon without hurt , he returning them two cannon shot for one , and riding within musket shot of them without any fear or hurt . . to come home to pendennis castle and st. mawdits , so much cryed up as the most usefull and considerable of all other : whiles they were in the kings power since these warres , as the inhabitants and some souldiers assure me , a single man of warre of the parliaments party in the day-time entred the harbor , boorded , took and carried away thence a rich ship there riding in the view of both the garrisons , notwithstanding all their cannon shot and blockhouses , without any harm at all , shee shooting as fast at the castles as they shot at her , and so departed with her prize . . since my imprisonment in pendennis castle , a turkish man of warr at mid-day , in the view of all the garrison , and my selfe , came up to the mouth of the harbor , and very neer the blockhouse , took a great english lighter of thirty tun , sunk the vessell in the place , and carried away some twelve persons in it prisoners into sally or tunis ; after which , she came close up to the harbor two or three mornings together till chased away from thence by a man of warre ; one stout ship of warre being a better guard against pyrates and sea-enemies then all the maritine forts and garrisons , being able to pursue , fight and take them , which no forts or garrisons can do . not long after a little pink , not above nine or ten ●un , anchored some three dayes together just between pendennis castle and st. mawdits , to carry away tinne , as was supposed ; sir george ascough sailing within view of the castles with his whole fleet towards plimouth , ▪ some eight days before his fight with ruttier ) sent four men of warre to convey such ships as were in the harbour to plymouth ; two of them came into the harbour , the other two plied up and downe at the mouth of it , till the other two came out of the harbour to them ▪ this little pink thereupon hoysed saile , as if she were bound for plymouth with them , without any discharge or leave from the castles ; whereupon they shot two warning pieces over , and under her , to bring her in for this affront , and to make her pay for the shot and custome of tinne , which they imagined she had stollen ; i looking on , the captain , gunners , and souldiers told mee , they would warrant mee shee would come in and submit ; but i observing her course , told them , shee would no more come in to their lure then a wilde hawke got loose ; whereupon both castles discharged their cannons in earnest , to hit , sink , or bring her back through fear , but shee in despite of them ( though there were two men of warre before , and two behinde her under saile ) got away from them all without any hurt or stop , the whole garrison looking on . vvhereupon i laughing at their confidence , and uselessness of these castles , ( serving only to shoot away * powder and bullet in salutes and frollicks ) told them , that our wise statesmen and the kingdome were very much overseen to keep two castles , three or four blockhouses , so many score cannons , gunners , souldiers , and matrosses there , as cost them eight or ten thonsand pounds a yeer , under pretence to secure the haven and nation against enemies and pirates , when they could not at noon day ( as they now saw by experience ) so much as stay , take , hurt or sink one little pink of nine or ten tun with foure or five sea-men onely , and not one gun in her , whenas there were four men of war under sail so near her , and she had stollen customes : much lesse then could they stop , hurt sinck any stout man of war , or an whole squadron of ships or navy , or hinder them from entring the harbor , riding or landing there , and returning at their pleasures , their pieces and bl●●khouses not commanding one half quarter of the harbor when entred , not being able to hurt or sink them in their entry or retiring , as i clearly demonstrated to them , then and afterwards , especially by these unanswerable experiments in our late sea fights . collonel blake ( my countrey-man ) in his first sea fight with van trump , as his and others printed letters relate , had many scores ( if no● hundreds ) of broad sides discharged against his ship by the dutch , at nearest distance , by far greater better cannons , cannoneers and tyres of ordinance , charged with chain and crossbard shot as well as bullet , lying nearer the water then any guns in pendennis or st. maudits castles , blockhouses , or in any other of our forts , receiving no less then . cannon shot in his hull , tackling masts , sails , after which he received in his ship as many or more broad sides and shots in his third fight with the dutch in their return from france with their merchant ships ; and sir george ascough received neer as many in his ship in his fight with ruttier : yet all these broad sides & thousands of shot , did neither sink split , fire , nor make unservicable either of these ships , which were soon repaired , neither did they kill any store of their men with their cannons , their musket shot and boording only doing their men most harm . therefore questionless so many thousand cannon shot discharged agaiust any other stout single ship or man of war from these castles and blockhouses at greater distance , uncertainty , and higher level , with smaller ordnance balls , by worser guners can neither sink nor spoil her , muchless sink , hurt , spoil , stop or take an whole squadron of ships of war ( which our whole fleets can hardly do ) when they cannot come neare to board or fire them ; & by this proportion , all the powder , cannon shot , bullets , guns in both castles would not be sufficient to sink or spoil one single ship riding at anchor within their command , muchlesse in her passage in or out , since . shot in her bulk , sails , masts and tackling would not do it ; and half of the cannons discharged would not hit , but passe besides her : therefore to keep up such castles and blockhouses to secure harbours , sink●ships , and hinder any fleets or squadrons of ships from entring or harbouring in them , was but a prodigal oversight and mistake : there being never any warlike ship yet sunk by our forts & blockhouses since their first erection , for ought i could read in history , or hear by information from credible witnesses ; nor any navy repelled from entring , riding , or landing by them ▪ had they a resolution to do it , as the premised instances with sundry others manifest . ( and one since these aphorisins penned , namely general blakes fireing the turkish ships lying under their very strongest castle walls , notwithstanding all their cannons , blockhouses , ships playing upon our ships , assaulting them and beating down their castle about their wars , with the cannon from our ships , without the loss , sinking , spoile of any of our ships . ) a sufficient demonstrative evidence of the uselesness of maritine forts and blockhouses , which in truth are meer idle scarecrows and bugbears to fright raw cowardly sea-men , not daunt or keep off experienced resolute ships or marriners . vvherefore to draw towards a conclusion , i shall onely adde , that the onely pretended use of mereenary garrisons and souldiers , , being but to defend the peoples persons and estates in times of necessity , when and whiles end angered by a potent enemy in actuall armes , who are secure enough without them , when , where and whiles there is no such visible enemy to assault them ; it can be neither justice , equity , conscience , honesty , good husbandry nor true state-policy , to continue any such garisons or feild souldiers on them to their vast expence and undoing , ( now there is no armed enemy in the island , and so strong a fleet at sea to secure them against forraigners ) upon endlesse , full and constant former pay , without any necessity or actuall service till the next spring or summer , because then peradventure , there may be some new imployments for them , ( at home or abroad , ) onely to enrich the mercinary officers , souldiers , and oppresse , undoe the undone people , lying down like issachars under both these heavy burthens of mercenary garrisons and a mercenary field army too , even with broken backes and bleeding hearts , without ease or commisseration , notwithstanding all their clamours . no present ruling potentates or states-men ( who should help and right them ) will be such prodigals or ill husbands of their owne purses and estates , as to keep those reapers , mowers , who have cut down their corne and done their harvest work the last summer , in ful constant harvest pay all the following autumne , winter and all the succeeding spring till the summer harvest come again , without any other usefull work or imployment for them , till then , because peradventure they may then imploy them again for a month or two in reaping and inning their next yeares crop , which they have not so much as sowen , and are yet uncertaine whether to sow or not ; which if they did , would render them ridiculous to every country clown , who hath so much policy , and frugality , as to discharge his mercenary harvest folke so soone as they have ended their harv st worke ▪ and not to keep them still idle and pay them harvest wages till the next summer ; because he can then , if need be , soon hire them or other reapers , mowers , when his corne is ripe for cutting , not before , for lesse then one quarter of the money their pay would come to if kept in hire till that time , without doing him any other service : and shall our wise new statesmen then be such prodigals and ill husbands of the exhausted peoples purses and estates ; as to keep many thousands of mercinary field and garrison horse and foot in constant full pay , ( who many moneths since have done all their sommer and present publick worke for the peoples safety , ) all the censuing autumne , winter , spring in no actuall necessary service for them a● all , onely because perhaps they may make use of them the sommer following , or a year or two hence ( if then ) to cut down imaginary armed enemies in the field or island , if any then appeare to invade the peoples persons and estates ; of which there is yet no probability . verily if they shall still do thus , every country peasant will despise , deride and ensure this their folly and unthriftinesse , and the whole exhausted oppressed nation condemne , if not casheir them for such grosse imprudence . certainly every rich private statesmans , noblemans , gentlemans , peasants house , person , in these necessitous times , when theives are so busy in all parts of the nation , are in greater danger of being robbed , plundred , murdred by murderers and robbers , then any garrison , towne or village to be piliaged by any forraigne forces or domestick enemies , appearing in no parts of the isle , nor likely to do it ; yet none of them will be so ridiculous , prodigall , or distrustfull of gods protecting providence , as upon their owne purses to hire any horse , or foot perpetually to guard their persons , houses day and night till the next sommer , because some theeves and robbers ( these long tedious winter nights ) may probably assault their houses , steal their moneyes , plate , goods , or murder their persons , but will ease themselves of this cost and charge , till they be certainly informed of a company of robbers conspiring for to plunder , rob , or kill them about some certain time , or have news that they are ready to execute this designe ; and then they will time enough summon their domestik servants & freinds to encounter , and surprise them if they come : and should they not then intrust the peoples persons , estates to gods protection and their owne , at this present , without any mercenary garrisons or forces to guard them against their wills or desires , to their superfluous vast expence , when there is farr lesse probability or feare of danger to them in generall from armed enemies , then to their owne private persons , houses or moneys , from theeves and robbers ? if they be thus continued on them , onely to enrich the officers , souldiers , and secure their own usurpations , intrusions , or over ruling powers ( preferred before the peoples ease or weal ) under a pretext of danger from some enemies that may or will infest , plunder , destroy the people so soone as the army and garrisons are disbanded ; we shall then desire , that all officers , souldiers unwilling to disband upon this pretence of great imminent danger for the peoples more certaine security from enemies , and meriting of their future pay , may be strictly enjoyned to put on all their armes , and draw up all their forces in battalio , where they most feare the enemies , in the field ; and all their garrisons likewise kept in a constant standing posture ▪ to receive the enemy , in their respective forts ; and there to stand night and day in their compleat armes ▪ in a perpetuall readinesse and posture of defence , till the next sommer and our fears be ended ▪ without putting off their arms ; as our * king richard the first kept the bishop of bev●ies taken prisoner by his forces in the field , harnessed from head to foot , in his iron armes night and day , above two months space , without suffering him all that time to put them off , lest some enemies should surprise them , our island & garrisons on a sudden , ere they could arme or put themselves in an actuall posture to receive them , if permitted once to retire into their winter quarters for their ease ; and then we suppose these pretenders of imminent danger , only to get pay , when and where they neither do nor can do the people the least reall publick service , but greatest prejudice ▪ as the premises evince ; will soone become as humble and earnest petitioners to our present swaying powers who continue them , and to the people ( who desire it ) to be forthwith disbanded and sent home again to their friends & further imployments as this harnessed bishop was to our king richard himselfe , the pope and his brother prelates , to be disrobed , disarmed of his heavy iron rochet , so long keept on his back and body to his little ease and lesse content ; it being altogether as just , equitable , and reasonable for them to keep the army and garrison soldiers in this unreasonable hard constant duty and armed posture day and night till they be disbanded , as to lay unsupportable endlesse taxes , excises on the oppressed peoples backs to maintain them in constant pay to their intolerable oppression , till the next sommer or longer upon the premised pretences . if any now demand ( as many officers and souldiers oft do , being their chief plea against disbanding ) how shall the officers and souldiers live , after all their good service in the wars , if they shall be now at last disbanded to ease and pleasure the people ? the answer is very obvious , just and equall . . how shall the poor people live or maintain themselves and families , if these garrisons and mercinary forces be still continued , being already like to starve ? . how do the poor people live who are still enforced to give them full pay and maintain them in idlenesse without any labour , to do very little duty , & that wholly useless , in field or garrisons ; wherein their onely necessary , uselesse , present dutie is , to stand centinell once or twice a week , one houre or two ; to take tobacco , play , sleep , drink , and cry stand ; or , who goes there ? to one another in the night , as they passe by the centinels ; to as much purpose , in relation to the peoples safety , as one night . owles crying , hallowing is to another ; or to demand of those that enter into the garrisons in the day time whence come you ? what are you ? what is your name ? businesse ? whom would you speak with ? have you taken the new engagement ? else you must not enter the fort or garrison , no not alone in these times of no danger , as if one disarmed non engager might surprise an whole lasie fortified garrison , in the day time , aswell as a sleeping one in the night ; how much more then an armed enemy ? which learned questions standing the nation in very many thousand pounds every year in garisons now kept up , as much concern the peoples security from enemies , as the ministers interrogating of children formerly in the church , what is your name ? who gave you this name ? and to maintain near a thousand block-headed slothfull-gunners in blockhouses and garrisons only to shoot away above six or seaven thousand pounds worth of powder in courtship , and frolicks to ships , and visitors every year , who deserve rather cashiering for this their prodigal and onely dutie , for which they receive great constant pay . certainly their country pay-masters live not by such idle , uselesse , fruitlesse , rare duties ; but by hard studying , sweating , labouring night and day in their honest lawfull callings usefull for the publick ( the whole profits whereof these idle lurdanes must still monthly devoure for such ridiculous services , and new kinde of catechising the people ex officio like our cashiered unpreaching curates ; ) and so must these officers and souldiers too , if they cannot otherwise live aswell as they . . how did they live and maintain themselves before they were listed souldiers ? surely not as now but like other christian people , by labouring daily in their lawfull callings , living frugally , soberly , obediently like others of their equals , not in such idlenesse , luxury , pride , & state as since : and is it not possible that they may , yea just & equal that they should thus live and maintain themselves now , and not still live like idle drones in great sloath , pompe , state , and honour upon the honey of the poore painfull bees . how do many hundreds of formerly disbanded officers , souldiers now live and maintain themselves , who did as much , and good service as those now in pay ? doubtlesse by returning to the diligent exercise of their former callings , or some other good imployments , or going to some lawfull forraign wars . . if any old officers and souldiers in present service be so poor , that they know not yet how to live if they be now disbanded , certainly it is through their own ill husbandry , pride , or prodigality ; never officers or souldiers in the world being more royally , duly , justly paid and rewarded ( especially in a civill war ) than they have been ; whereby thou●●●●● of them ( especially generals , colonells , captains , and superiour officers , with many inferiour ones likewise ) are grown exceeding rich and wealthy over what they were before the wars ( which have undone most others ) and are lately beyond expectation , become the greatest purchasers in the nation of the richest publick and private mannors , seates , revenues , offices ; this civill war being the richest trade they ever yet met withall in their lives , which makes them so unwilling now to give it over ; & to continue these poor unthrifty souldiers still in pay till they grow as rich as these their fellowes , is to be worse husbands for the nation for the future , than these unthriving officers and souldiers ( who have not yet gotten enough to live by the wars ) have been for themselves in time past , and that onely to maintain and enrich them with the whole nations ruine . . the plain meaning of those who make this demand is , that they expect and intend our mercinary armies , and garrisons shall by one means or other , be continued in pay , and our wars not ended , our peace not settled till doomsday , or at least so long as the people have either lands , stock , goods , or moneys left , to pay heavy unceasing taxes and excises for them to live upon , at that high , lasie rate as now they do . but better ten thousand times such idle wretches should be disbanded , though they starve and perish , if they will not betake themselves to some honest vocation to live by it ; then that the whole nation should starve or perish , to keep them and our unnaturall , unchristian wars still a live , to murther our own christian brethren or allies , of purpose to keep our armies and garrisons in action and preserve them from present or future disbanding . as * war and the oppressing sword of war ( especially when civill ) are in gods own judgement and all wise mens , the severest curse ▪ plague , punishment , that god in his wrath can here inflict upon any people for their sinns and wickednesse , as includiug all sorts of other evills , spirituall and temporall , in its bowells ; so for any to make a trade of war , & to continue , perpetuate this heaviest plague and curse upon their own native country without absolute necessity , or just grounds , is the worst of crimes and treasons ; and those that are guilty thereof the worst of traytors , of christian men , unworthy the name of saints or christians , whatever their pretences be to colour it . if therefore machiavills atheisticall infernal paradox ( applauded and oft justified in print by his new disciple * politicus ) he that hath once drawn his sword against his lawfull soveraign , must throw away the scabbard , and never sheath it more ; no , not after he hath cut off his soveraigns head therewith ; hath prevailed more with any machivilian states ▪ men or sword-men , than our saviours own more sacred christian gospell precept and speech to peter , when he drew his sword , and onely cut off ma●chus his ear ( not head ) coming then forcibly to apprehend our saviour ( who presently cured his ear again , and gave this command to peter , though certain himself to be crucified ▪ if then apprehended ) * put up thy sword into his sheath again ; for all they that take the sword , shall perish with the sword ; and therefore upon his diabolicall advise they peremptorily resolve to keep our mercinary armies garrisons swords still drawn , and unsheathed amongst us , without ever putting them up again , upon the peoples dry drained purses , notwithstanding all their cries and premised reasons against it ; ( not for the peoples safey , which cannot now be so much as henceforth surmised , after this discovery of its grosse imposture , but for their own private present and future indempnity alone . ) let all such cheating oppressing unrighteous machivilians assuredly know ▪ that these words of christ will certainly prove true and take hold of them in conclusion , he * being truth it selfe that spake them ; and that such who resolve to live in warre still , shall never die nor rest in peace , but perish by and with * the sword at last ( as pompey , cyrus , pruda , and others have done , ) though they had all the garrisons and armies on earth to protect them ; whom god in his justice , if other instruments be wanting , can make their unexpected executioners in stead of guardians , when they wander out of his protection in wayes of violence , oppression , rapine , blood , warre , discord , and will neither know nor pursue the wayes of peace and christian unity , for the peoples publick ease and whole nations welfare . finis . notes, typically marginal, from the original text notes for div a e- * isay . . mic. . . lu. . . heb. , . jam. . , . * grotius de jure belli & pacis l. . c. . p. . notes for div a e- * sam. . . chr. . . , sam. . , , , . c. . . , . c. . † m●rcator , heylyn , sir thomas smith . * kings ● . . sam. . , ▪ hab. . . dan. ● . . * josh. . , . c. . , . c. . . to . sam. . , . kings . . . chr. . ● , &c. * josh. . ● , ' . c. . , , . kings . . c. . , , , &c. isa. . , . c. . . jer. . . ezek. . . to . — amos . , , , , . c. . , , . isa. . . c. . , . ez. . , , . * hab. . . josh. . . to . king. . . chron. . . c . , . sam. . . dan. ▪ ● zeph. . . * see entropius zonarus , and grimstous imperial history . † heylyns microcosm , p. . , , , , , , , , . to . * see cocks . inst. * exact coll . ct. . p. . & . . &c. * they have often discharged , , , , cannons or more at a time to ships coming in , & the ships as many to them , since my imprisonment there : a strange prodigality ! * rogerde hovesd●n annal par● posterior p. ▪ mat west in an. . p. . gal. nubigensis . ● . c. in antique ecclesia . brit. p. hol nshed p. . . chron johanis bucōt con●cor . . . quest . answ. * deut . . c. . to . l●vit . . to . kings . . ezr. . job . . . isay . ● . . c ▪ . . c. . jer. . . to c. . . c. . . to . c. . . to . c. . c. . . to . c. . . c. . . and c. . . c. . . to . c. . , c. . . , ● , . ezech. . . to . c. . . c. . . to . jer. . . . tos . ay . . . cron. . . * who hath printed it man● times with approbation ▪ mat. . . ▪ * lam. . . rev. . . . * john . . gen. . . the pre-eminence and pedigree of parlement whereunto is added a vindication of som passages reflecting upon the author in a book call'd the popish royal favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements, and a malignant, pag. : with a clearing of som occurrences in spain at his maiesties being there, cited by the said master prynne out of the vocal forest / by j.h. ... howell, james, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the pre-eminence and pedigree of parlement whereunto is added a vindication of som passages reflecting upon the author in a book call'd the popish royal favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements, and a malignant, pag. : with a clearing of som occurrences in spain at his maiesties being there, cited by the said master prynne out of the vocal forest / by j.h. ... howell, james, ?- . prynne, william, - . popish royall favourite. p. printed by r.r. for humphrey moseley, london : . reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -- parliament. representative government and representation -- england. great britain -- politics and government. a r (wing h b). civilwar no the pre-eminence and pedigree of parlement. wherunto is added a vindication of som passages reflecting upon the author, in a book call'd the howell, james b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - allison liefer text and markup reviewed and edited - pfs batch review (qc) and xml conversion the preeminence and pedigree of parlement . wherunto is added a vindication of som passages reflecting upon the author , in a book call'd the popish royal favorite , pen'd and published by mr. prynne ; wherin he stiles him , no frend to parlements , and a malignant , pag. . with a clearing of som occurrences in spain at his maiesties being there , cited by the said master prynne out of the vocal forest . by j. h. esquire one of the clerks of his maiesties most honorable privy-councel . published by special order . london , printed by r. r. for humphrey moseley . . to my worthily honored frend , sir w. s. knight . sir , i have many thanks to give you for the book you pleased to send me , called the popish royal favorite ; and according to your advice ( which i value in a high degree ) i put pen to paper , and somthing you may see i have don ( though in a poor pamphleting way ) to clear my self of those aspersions that are cast upon me therin . but truly sir , i was never so unfit for such a task ; all my papers , manuscripts , and notes , having bin long since seized upon and kept from me . adde hereunto , that besides this long pressure and languishment of twenty three moneths close restraint ( the sense wherof , i find hath much stupified my spirits ) it pleased god to visit me lately with a dangerous fit of sicknes , a high burning feaver , with the new disease , whereof my body as well as my mind , is yet somwhat crazy : so that ( take all afflictions together ) i may truly say , i have passed the ordeal , the fiery tryal . but it hath pleased god to reprieve me to see better days i hope ; for out of this fatal black cloud , which now oresets this poor island , i hope ther will break a glorious sun-shine of peace and firm happines : to effect which , had i a jury , a grand-jury of lives , i would sacrifice them all , and triumph in the oblation . so i most affectionately kisse your hands , and rest your faithful ( though afflicted ) servant , from the prison of the fleet . j. h. the pre-eminence of parlement . sectio prima . i am a free-born subject of the realm of england ; whereby i claim as my native inheritance , an undoubted right , propriety , and portion in the laws of the land : and this distinguisheth me from a slave . i claim also an interest and common right in the high national court of parlement , and in the power , the priviledges and jurisdiction thereof , which i put in equal ballance with the laws , in regard it is the fountain whence they spring : and this i hold also to be a principal part of my birth-right ; which great councel i honour , respect , value , and love in as high a degree as can be ; as being the bulwark of our liberties , the main boundary and bank which keep us from slavery , from the inundations of tyrannical rule , and unbounded will-government . and i hold my self obliged in a tye of indispensable obedience to conform and submit my self to whatsoever shall be transacted , concluded , and constituted by its authority in church or state ; whether it be by making , enlarging , altering , diminishing , disanulling , repealing , or reviving of any law , statute , act , or ordinance whatsoever , either touching matters ecclesiastical , civil , common , capital , criminal , martial , maritine , municipal , or any other ; of all , which , the transcendent and uncontrolable jurisdiction of that court is capable to take cognizance . amongst the three things which the athenian captain thank'd the gods for , one was , that he was born a grecian , and not a barbarian . for such was the vanity of the greeks , and after them of the romans , in the flourish of their monarchy , to arrogate all civility to themselves , and to term all the world besides barbarians : so i may say to have cause to rejoyce , that i was born a vassal to the crown of england ; that i was born under so well moulded and tempered a government , which endows the subject with such liberties and infranchisements that bear up his natural courage , and keep him still in heart ; such liberties that fence and secure him eternally from the gripes and tallons of tyranny : and all this may be imputed to the authority and wisdom of this high court of parlement , wherin ther is such a rare co-ordination of power ( though the soverainty remain still entire , and untransferable in the person of the prince ) ther is , i say , such a wholsom mixture 'twixt monarchy , optimacy , and democracy ; 'twixt prince , peers , and communalty , during the time of consultation , that of so many distinct parts , by a rare co-operation and unanimity , they make but one body politic , ( like that sheaf of arrows in the emblem ) one entire concentrical peece ; and the results of their deliberations , but as so many harmonious diapasons arising from different strings . and what greater immunity and happines can ther be to a peeple , then to be liable to no laws but what they make themselves ? to be subject to no contribution , assessement , or any pecuniary levy whatsoever , but what they vote , and voluntarily yeeld unto themselves ? for in this compacted politic body , there be all degrees of peeple represented ; both the mechanick , tradesman , merchant , and yeoman , have their inclusive vote , as well as the gentry , in the persons of their trustees , their knights and burgesses , in passing of all things . nor is this soverain surintendent councel an epitome of this kingdom onely , but it may be said to have a representation of the whole universe ; as i heard a fluent well-worded knight deliver the last parlement , who compared the beautiful composure of that high court , to the great work of god , the world it self : the king to the sun , the nobles to the fixed stars , the itinerant judges and other officers ( that go upon messages 'twixt both houses ) to the planets ; the clergy to the element of fire ; the commons , to the solid body of earth , and the rest of the elements . and to pursue this comparison a little farther ; as the heavenly bodies , when three of them meet in conjunction , do use to produce som admirable effects in the elementary world : so when these three states convene and assemble in one solemn great junto , som notable and extraordinary things are brought forth , tending to the welfare of the whole kingdom , our microcosm . he that is never so little versed in the annales of this isle , will find that it hath bin her fate to be four times conquered . i exclude the scot ; for the situation of his countrey , and the quality of the clime hath bin such an advantage and security to him , that neither the roman eagles would flie thither , for fear of freezing their wings ; nor any other nation attempt the work . these so many conquests must needs bring with them many tumblings and tossings , many disturbances and changes in government ; yet i have observed , that notwithstanding these tumblings , it retained still the form of a monarchy , and somthing there was alwayes that had an analogy with the great assembly the parlement . the first conquest i find was made by claudius caefar ; at which time ( as som well observe ) the roman ensignes and the standard of christ came in together . it is well known what laws the roman had ; he had his comitia , which bore a resemblance with our convention in parlement ; the place of their meeting was called praetorium , and the laws which they enacted , plebescita . the saxon conquest succeeded next , which were the english , ther being no name in welsh or irish for an englishman , but saxon , to this day . they governed by parlement , though it were under other names ; as michel sinoth , michel gemote , and witenage mote . there are records above a thousand yeers old , of these parlements , in the raigns of king ina , offa , ethelbert , and the rest of the seven kings during the heptarchy . the british kings also , who retain'd a great while som part of the isle unconquered , governed and made laws by a kind of parlementary way ; witnes the famous laws of prince howel , called howel dha , ( the good prince howel ) wherof ther are yet extant som welsh records . parlements were also used after the heptarchy by king kenulphus , alphred , and others ; witnes that renowned parlement held at grately by king athelstan . the third conquest was by the danes , and they govern'd also by such general assemblies , ( as they do to this day ) witnes that great and so much celebrated parlement held by that mighty monarch canutus , who was king of england , denmark , norway , and mher regions yeers before the compiling of otagna charta ; and this the learned in the laws do hold to be one of the special'st , and most authentic peeces of antiquity we have extant . edward the consessor made all his laws thus , ( and he was a great legis-lator ) which the norman conquerour ( who liking none of his sons , made god almighty his heir , bequeathing unto him this island for a legacy ) did ratifie and establish , and digested them into one entire methodical systeme , which being violated by rusus , ( who came to such a disastrous end , as to be shot to death in lieu of a buck for his sacriledges ) were restor'd by henry the first , and so they continued in force till king john , whose raign is renowned for first confirming magna charta , the foundation of our liberties ever since : which may be compar'd to divers outlandish graffs set upon one english stock , or to a posie of sundry fragrant flowers ; for the choicest of the british , the roman , saxon , danish , and norman laws , being cull'd and pick'd out , and gathered as it were into one bundle , out of them the foresaid grand charter was extracted : and the establishment of this great charter was the work of a parlement . nor are the laws of this island onely , and the freedom of the subject conserved by parlement , but all the best policed countreys of europ have the like . the germanes have their diets , the danes and swedes the riicks dachs ; the spaniard calls his parlement las cortes , and the french have ( or should have at least ) their assembly of three states , though it be grown now in a manner obsolete , because the authority therof was ( by accident ) devolv'd to the king . and very remarkable it is , how this hapned ; for when the english had taken such large footing in most parts of france , having advanced as far as orleans , and driven their then king charls the seventh to bourges in berry ; the assembly of the three states in these pressures , being not able to meet after the usual manner in full parlement , because the countrey was unpassable , the enemy having made such firm invasions up and down through the very bowels of the kingdom ; that power which formerly was inherent in the parlementary assembly , of making laws , of assessing the subject with taxes , subsidiary levies , and other impositions , was transmitted to the king during the war ; which continuing many yeers , that intrusted power by length of time grew as it were habitual in him , and could never after be re-assumed and taken from him ; so that ever since , his edicts countervail acts of parlement . and that which made the busines more feasable for the king , was , that the burthen fell most upon the communalty ( the clergy and nobility not feeling the weight of it ) who were willing to see the peasan pull'd down a little , because not many yeers before in that notable rebellion , call'd la jaquerie de beauvoisin , which was suppressed by charls the wise , the common peeple put themselves boldly in arms against the nobility and gentry , to lessen their power . add hereunto as an advantage to the work , that the next succeeding king lewis the eleventh , was a close cunning prince , and could well tell how to play his game , and draw water to his own mill ; for amongst all the rest , he was said to be the first that put the kings of france , hors de page , out of their minority , or from being pages any more , though thereby he brought the poor peasans to be worse then lacquays . with the fall , or at least the discontinuance of that usual parliamentary assembly of the three states , the liberty of the french nation utterly fell ; the poor roturier and vineyard-man , with the rest of the yeomanry , being reduced ever since to such an abject ●●●nin condition , that they serve but as sponges for the king to squeeze when he list . neverthelesse , as that king hath an advantage hereby one way , to monarchize more absolutely , and never to want money , but to ballast his purse when he will : so ther is another mighty inconvenience ariseth to him and his whole kingdom another way ; for this illegal peeling of the poor peasan hath so dejected him , and cowed his native courage so much by the sense of poverty ( which brings along with it a narrownes of soul ) that he is little useful for the war : which puts the french king to make other nations mercenary to him , to fill up his infantry : insomuch , that the kingdom of france may be not unfitly compared to a body that hath all its blood drawn up into the arms , brest and back , and scarce any left from the girdle downwards , to cherish and bear up the lower parts , and keep them from starving . all this seriously considered , ther cannot be a more proper and pregnant example then this of our next neighbours , to prove how infinitely necessary the parlement is , to assert , to prop up , and preserve the publike liberty , and national rights of a peeple , with the incolumity and welfare of a countrey . nor doth the subject onely reap benefit thus by parlement , but the prince ( if it be well consider'd ) hath equal advantage thereby ; it rendereth him a king of free and able men , which is far more glorious then to be a king of slaves , beggars , and bankrupts ; men that by their freedom , and competency of wealth , are kept still in heart to do him service against any forrain force . and it is a true maxime in all states , that 't is lesse danger and dishonour for the prince to be poor , then his peeple : rich subjects can make their king rich when they please ; if he gain their hearts , he will quickly get their purses : parlement encreaseth love and good intelligence 'twixt him and his peeple ; it acquaints him with the reality of things , and with the true state and diseases of his kingdom ; it brings him to the knowledg of his better sort of subjects , and of their abilities , which he may employ accordingly upon all occasions ; it provides for his royal issve , payes his debts , finds means to fill his coffers : and it is no ill observation . the parlementary-moneys ( the great aid ) have prospered best with the kings of england ; it exceedingly raiseth his repute abroad , and enableth him to keep his foes in fear , his subjects in awe , his neighbours and confederates in security , the three main things which go to aggrandize a prince , and render him glorious . in sum , it is the parlement that supports , and bears up the honour of his crown , and settles his throne in safety , which is the chief end of all their consultations : for whosoever is entrusted to be a member of this high court , carrieth with him a double capacity ; he sits there as a pairiot , and as a subject : as he is the one , the countrey is his object , his duty being to vindicate the publike liberty , to make wholsom laws , to put his hand to the pump , and stop the leaks of the great vessel of the state : to pry into and punish corruption and oppression , to improve and advance trade , to have the grievances of the place he serves for redressed , and cast about how to find somthing that may tend to the advantage of it . but he must not forget that he sits there also as a subject , and according to that capacity , he must apply himself to do his soveraigns busines , to provide not onely for his publike , but his personal wants ; to bear up the lustre and glory of his court ; to consider what occasions of extraordinary expences he may have , by encrease of royal issue , or maintenance of any of them abroad ; to enable him to vindicate any affront or indignity that might be offered to his person , crown , or dignity , by any forrain state or kingdom ; to consult what may enlarge his honour , contentment and pleasure . and as the french tacitus ( comines ) hath it , the english nation was used to be more forward and zealous in this particular then any other , according to that ancient elequent speech of a great lawyer , domus regis vigilia defendit omnium , otium illius labor omnium , deliciae illius industria omnium , vacatio illius occupatio omnium , salus illius periculum omnium , honor illius objectum omnium . every one should stand centinel to defend the kings houses , his safety should be the danger of all , his pleasures the industry of all , his ease should be the labour of all , his honour the object of all . out of these premisses this conclusion may be easily deduced , that , the principal fountain whence the king derives his happines and safety , is his parlement : it is that great conduit-pipe which conveighs unto him his peeples bounty and gratitude ; the truest looking-glasse wherin he discerns their loves ; now the subjects love hath bin alwayes accounted the prime cittadel of a prince . in his parlement he appears as the sun in the meridian , in the altitude of his glory , in his highest state royal , as the law tels us . therfore whosoever is avers or disaffected to this soveraign law-making court , cannot have his heart well planted within him : he can be neither good subject , nor good patriot ; and therfore unworthy to breathe english air , or have any benefit , advantage , or protection from the laws . sectio secunda . by that which hath been spoken , which is the language of my heart , i hope no indifferent judicious reader will doubt of the cordial affection , of the high respects and due reverence i bear to parlement , as being the wholsomest constitution ( and don by the highest and happiest reach of policy ) that ever was established in this island , to perpetuate the happines therof : therfore i must tell that gentleman who was author of a book entituled the popish royal favorite , ( lately printed and exposed to the world ) that he offers me very hard measure ; nay , he doth me apparant wrong , to terme me therein no frend to parlement , and a malignant ; a character , which as i deserve it not , so i disdain it . for the first part of his charge , i would have him know , that i am as much a frend , and as real an affectionate humble servant and votary to the parlement , as possibly he can be , and will live and die with these affections about me : and i could wish , that he were secretary of my thoughts a while ; or if i may take the boldnes to apply that comparison his late majestie used in a famous speech to one of his parlements , i could wish there were a crystal window in my brest , through which the world might espie the inward motions and palpitations of my heart ; then would he be certified of the sincerity of this protestation . for the second part of his charge , to be a malignant , i must confesse to have som malignity that lurks within me , much against my will ; but it is no malignity of mind , it is amongst the humours , not in my intellectuals . and i beleeve , there is no natural man , let him have his humours never so well ballanced , but hath som of this malignity raigning within him ; for as long as we are composed of the four elements , whence these humours are derived , and with whom they symbolize in qualities ; which elements the philosophers hold to be in a restlesse contention amongst themselves ( and the stoick thought that the world subsisted by this innatemutual strife ) as long , i say , as the four humours , in imitation of their principles ( the elements ) are in perpetual reluctancy and combate for praedominancy , ther must be some malignity lodg'd within us , as adusted choler , and the like ; wherof i had late experience in a dangerous fit of sicknes it pleased god to lay upon me , which the physitians told me proceeded from the malignant hypocondriacal effects of melancholy ; having been so long in this saturnine black condition of close imprisonment , and buried a live between the wals of this fatal fleet . these kinds of malignities , i confesse are very rife in me , and they are not onely incident , but connatural to every man according to his complexion : and were it not for this incessant strugling and enmity amongst the humours for mastery , which produceth such malignant effects in us , our souls would be loth ever to depart from our bodies , or to abandon this mansion of clay . now what malignity my accuser means , i know not ; if he means malignity of spirit , as som antipathy or ill impression upon the mind , arising from disaffection , hatred , or rancor , with a desire of som destructive revenge , he is mightily deceiv'd in me ; i maligne or hate no creature that ever god made , but the devil , who is the author of all malignity ; and therefore is most commonly called in french le malin asprit the malignant spirit . every night before i go to bed , i have the grace , i thank god for it , to forgive all the world , and not to harbour , or let roost in my bosom the least malignant thought ; yet none can deny , but the aspersions which this my accuser casts upon me , were enough to make me a malignant towards him ; yet it could never have the power to do it : for i have prevail'd with my self to forgive him this his wrong censure of me , issuing rather from his notknowledge of me , then from malice ; for we never mingled speech , or saw one another in our lives , to my remembrance : which makes me wonder the more , that a professor of the law , as he is , should pronounce such a positive sentence against me so slightly . but me thinks i over-hear him say , that the precedent discourse of parlement is involv'd in generals , and the tropique axiome tels us , that dolus versatur in universalibus , there is double dealing in universals : his meaning is , that i am no friend to this present parlement ( though he speaks in the plural number parlements ) and consequently , he concludes me a malignant ; therin , i must tell him also , that i am traduc'd , and i am confident it will be never prov'd against me , from any actions , words , or letters ( though divers of mine have bin intercepted ) or any other misdemeanor , though som things are father'd upon me which never drop'd from my quill . alas , how unworthy and uncapable am i to censure the proceedings of that great senate , that high synedrion , wherin the wisdom of the whole state is epitomized ? it were a presumption in me , of the highest nature that could be : it is enough for me to pray for the prosperous successe of their consultations : and as i hold it my duty , so i have good reason so to do , in regard i am to have my share in the happines ; and could the utmost of my poor endeavours , by any ministerial humble office ( and somtimes the meanest boat-swain may help to preserve the ship from sinking ) be so happy , as to contribute any thing to advance that great work ( which i am in despair to do , while i am thus under hatches in this fleet ) i would esteem it the greatest honour that possibly could befal me , as i hold it now to be my greatest disaster , to have faln so heavily under an affliction of this nature , and to be made a sacrifice to publike fame , then which ther is no other proof , nor that yet urg'd against me , or any thing else produc'd after so long , so long captivity , which hath brought me to such a low ebbe , and put me so far behind in the course of my poor fortunes , and indeed more then half undon me . for although my whole life ( since i was left to my self to swim , as they say , without bladders ) has bin nothing else but a continued succession of crosses , and that there are but few red letters found ( god wot ) in the almanack of my age , ( for which i account not my self a whit the less happy ; ) yet this crosse has carried with it a greater weight ; it hath bin of a larger extent , longer continuance , and lighted heavier upon me then any other ; and as i have present parience to bear it , so i hope for subsequent grace to make use of it accordingly , that my old motto may be still confirmed , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . he produceth my attestation for som passages in spain , at his majesties being there , and he quotes me right , which obligeth me to him : and i hope all his quotations , wherin he is so extraordinarily copious and elaborate in all his works , are so ; yet i must tell him , that those interchangeable letters which passed between his majesty and the pope , which were originally couch'd in latine , the language wherin all nations treat with rome , and the empire with all the prinees therof ; those letters , i say , are adulterated in many places , which i impute not to him , but to the french chronicler , from whom he took them in trust . the truth of that busines is this : the world knows ther was a tedious treaty of an alliance 'twixt the infanta dona maria ( who now is empresse ) and his mijesty , which in regard of the slow affected pace of the spaniard , lasted about ten yeers , as that in henry the sevenths time , 'twixt prince arthur and ( afterwards ) queen katherine , was spun out above seven : to quicken , or rather to consummate the work , his majesty made that adventurous journey through the whole continent of france into spain ; which voyage , though ther was a great deal of gallantry in it ( whereof all posterity will ring , until it turn at last to a romance ) yet it prov'd the bane of the busines , which 't is not the arrand of so poor a pamphlet as this to unfold . his majesty being ther arriv'd , the ignorant common peeple cryed out , the prince of wales came thither to make himself a christian . the pope writ to the inquisitor general , and others , to use all industry they could to reduce him to the roman religion ; and one of olivares first complements to him , was , that he doubted not but that . his highnes came thither to change his religion : wherunto he made a short answer , that he came not thither for a religion , but for a wife . ther were extraordinary processions made , and other artifices us'd by protraction of things to make him stay ther of purpose till the spring following , to work upon him the better : and the infanta her self desir'd him ( which was esteem'd the greatest favour he received from her all the while ) to visit the nun of carion ; hoping that the said nun , who was so much cryed up for miracles , might have wrought one upon him ; but her art failed her , nor was his highnesse so weak a subject to work upon , according to his late majesties speech to doctor mawe and wren , who when they came to kisse his hands , before they went to spain to attend the prince their master , he wished them to have a care of buckingham ; as touching his son charls , he apprehended no fear at all of him ; for he knew him to be so well grounded a protestant , that nothing could shake him in his religion . the arabian proverb is , that the sun never soiles in his passage , though his beams reverberate never so strongly , and dwell never so long upon the myry lake of maeotis , the black turf'd moors of holland , the aguish woose of kent and essex , or any other place , be it never so dirty . though spain be a hot country , yet one may passe and repasse through the very center of it , and never be sun-burnt , if he carry with him a bongrace , and such a one his majesty had . well , after his majesties arrival to madrid , the treaty of marriage went on still , ( though he told them at his first coming , that he came not thither like an ambassadour , to treat of marriage ; but as a prince , to fetch home a wife ; ) and in regard they were of different religions , it could not be done without a dispensation from the pope , and the pope would grant none , unless som capitulations were stipulated in favour of the romish catholikes in england , ( the same in substance were agreed on with france . ) well , when the dispensation came , which was negotiated solely by the king of spains ministers ; because his majesty would have as little to do as might be with rome , pope gregory the fifteenth , who died a little after , sent his majesty a letter , which was delivered by the nuncio , wherof an answer was sent a while after : which letters were imprinted and exposed to the view of the world , because his mijesty would not have peeple whisper , that the busines was carried in a clandestine manner . and truely besides this , i do not know of any letter , or message , or complement , that ever pass'd 'twixt his majesty and the pope , afore or after ; som addresses peradventure might be made to the cardinals , to whom the drawing of those matrimonial dispatches was referred , to quicken the work ; but this was onely by way of civil negotiation . now touching that responsory letter from his majesty , it was no other then a complement in the severest interpretation , and such formalities passe 'twixt the crown of england , and the great turk , and divers heathen princes . the pope writ first , and no man can deny , but by all moral rules , and in common humane civility . his majesty was , bound to answer it , specially considering how punctual they are in those countries to correspond in this kind , how exact they are in repairing visits , and the performance of such ceremonies : and had this compliance bin omitted , it might have made very ill impressions , as the posture of things stood then ; for it had prejudiced the great work in hand , i mean , the match , which was then in the heat and height of agitation : his majesties person was there engag'd , and so it was no time to give the least offence . they that are never so little vers'd in busines abroad , do know that ther must be addresses , compliances , and formalities of this nature ( according to the italian proverb , that one must somtimes light a candle to the devil ) us'd in the carriage of matters of state , as this great busines was , wheron the eyes of all christendom were so greedily fix'd : a busines which was like to bring with it such an universall good , as the restitution of the palatinate , the quenching of those hideous fires in germany , and the establishing of a peace through all the christian world . i hope none will take offence , that in this particular which comes within the compas of my knowledg , being upon the stage when this scene was acted , i do this right to the king my master , in displaying the truth , and putting her forth in her own colours , a rare thing in these dayes . touching the vocal forest , an allegorical discourse , that goes abroad under my name , a good while before the beginning of this parlement , which this gentleman cites ( and that very faithfully ) i understand there be som that mutter at certain passages therin , by putting ill glosses upon the text , and taking with the left hand what i offer with the right : ( nor is it a wonder for trees which lie open , and stand exposed to all weathers , to be nipt ) but i desire this favour , which in common justice , i am sure in the court of chancery , cannot be denied me , it being the priviledg of evry author , and a received maxime through the world , cujus est condere , ejus est interpretari ; i say , i crave this favour , to have leave to expound my own text , and i doubt not then but to rectifie any one in his opinion of me , and that in lieu of the plums which i give him from those trees , he will not throw the stones at me . moreover , i desire those that are over critical censurers of that peece , to know , that as in divinity it is a rule , scriptura parabolica non est argumentativa ; so it is in all other kind of knowledg . parables ( wherof that discourse is composed ) though pressed never so hard , prove nothing . ther is another rule also , that parables must be gently used , like a nurses brest ; which if you presse too hard , you shall have blood in stead of milk . but as the author of the vocal forest thinks he hath done , neither his countrey , nor the common-wealth of learning any prejudice thereby ; ( that maiden fancy having received so good entertainment and respect abroad , as to be translated into divers languages , and to gain the public approbation of som famous universities . ) so he makes this humble protest unto all the world , that though the designe of that discourse was partly satyrical ( which peradventure induc'd the author to shrowd it of purpose under the shadows of trees ; and wher should satyres be , but amongst trees ? ) yet it never entred into his imagination to let fall from him the least thing that might give any offence to the high and honourable court of parlement , wherof he had the honor to be once a member , and hopes he may be thought worthy again : and were he guilty of such an offence , or piacle rather , he thinks he should never forgive himself , though he were appointed his own judge . if ther occur any passage therin , that may admit a hard construction , let the reader observe , that the author doth not positively assert , or passe a judgment on any thing in that discourse which consists principally of concise , cursory narrations of the choisest occurrences and criticisms of state , according as the pulse of time did beat then : and matters of state , as all other sublunary things , are subject to alterations , contingencies and change , which makes the opinions and minds of men vary accordingly ; not one amongst twenty is the same man to day as he was four yeers ago , in point of judgment , which turns and alters according to the circumstance and successe of things : and it is a true saving , wherof we find common experience , posterior dies est prioris magister . the day following is the former dayes schoolmaster . ther 's another aphorism , the wisdom of one day is soolishnes to another , and 't will be so as long as ther is a man left in the world . i will conclude with this modest request to that gentleman of the long robe ; that having unpassionately perus'd what i have written in this small discourse , in penning wherof my conscience guided my quill all along as well as my hand , he would please to be so charitable and just , as to revers that harsh sentence upon me , to be no frend to parlements , and a malignant . finis . a letter from the lord lambert and other officers to general monck, inviting the officers under his command to subscribe the representation and petition presented to the parliament the day before. with a modest and christian answer thereunto by general monck, (deserving perpetuall honour) importing their refusall to joyne in that design, as being a breach of trust, and of danger to the common-wealth. lambert, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from the lord lambert and other officers to general monck, inviting the officers under his command to subscribe the representation and petition presented to the parliament the day before. with a modest and christian answer thereunto by general monck, (deserving perpetuall honour) importing their refusall to joyne in that design, as being a breach of trust, and of danger to the common-wealth. lambert, john, - . albemarle, george monck, duke of, - . , [ ] p. [s.n.], london : printed, an. dom. . annotation on thomason copy: " ber [i.e. october]. ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a letter from the lord lambert and other officers to general monck, inviting the officers under his command to subscribe the representation lambert, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the lord lambert and other officers to general monck , inviting the officers under his command to subscribe the representation and petition presented to the parliament the day before . with a modest and christian answer thereunto by general monck , ( deserving perpetuall honour ) importing their refusall to joyne in that design , as being a breach of trust , and of danger to the common-wealth . london , printed , an. dom ▪ . a letter from the lord lambert , and other officers , to general monck , inviting the officers under his command , to subscribe the representation and petition , presented to the parliament the day before . right honourable , we do by command from the general council of officers of the army , now in london , transmit the inclosed to you , being a true copie of the representation and petition , which was this day by them humbly presented to the parliament , and the votes of the house passed thereupon ; and are further to signifie their desires , that the same may be communicated to all commissioned officers of that part of the army under your command , : and that the subscriptions of all may be taken , to the representation and petition , that are free to sign the same ; which being so signed , it is desired , you will be pleased to cause them to be close sealed up , and returned to thomas sandford , esq secretary to his excellency the lord fleetwood , who is to give an account thereof . as we have thus fulfilled the general councils pleasure , we are well assured you wil be pleased to comply with their requests , which is all at present from white-hall , . octob. . your humble servants , lambert . john disborowe . william packer . john mason . richard creed . robert barrow . for the right honourable general monck at dalkeith , scotland . general monck's answer to the foregoing letter , directed as followeth , for the right honourable , the lord lambert , to be communicated to the council of officers . right honourable , i received a letter directed from your self and others , of the th of this instant , with the inclosed papers , in pursuance of an order of the general council of officers , as you are pleased to intimate : i must humbly begg your excuse , that i am not able to satisfie your commands in that particular . indeed our force is very small , and our enemie very great ; and i shall be unwilling to set any thing on foot , that may breed jealousie amongst us ; and finding many officers decline the signing all papers of that nature , and rather propense to declare their testimonie to the parliaments authority , and their absolute adherence thereunto , i have thought it my duty to suspend the execution of your desires , least it may make a breach of affections amongst us . and i further humbly offer to your thoughts , that the petition having been already presented , and in part answered by the parliament , our concurrence therein cannot be any ways advantageous . i shall not interpose mine own judgement concerning it , but do earnestly desire that matters of such great waight may not be imposed upon us , who are not present at the debates , nor privie to the councils by which your resolutions may be governed and led to such actions . i shall not further trouble you , but only represent to your thoughts the great necessity we have to labour for unity , in this day of our fears . i shall not need to tell you , that mis-understandings between the parliament and army are the great hopes of our adversaries , and there is no other way to gratifie their designs . i bless the lord for those evidences that i see , of a peaceable spirit , in your address . i do , and i shall always endeavour , and pray , that god would not break the staff of our beauty , or staff of bands , that he would make all good men ( though of different judgements ) one in his hand , that we may arrive at that blessed settlement , for which we have expended so much blood and treasure : and as i have always endeavoured to express my obedience , in acquiescing in the wisedome of those that god placeth over me , so i shall continue and ever be , dalkeith , . octob. . your lorpps . very humble servant , george monck . for the right honourable , the lord lambert , to be communicated to the council of officers . old nevves newly revived, or, the discovery of all occurences happened since the beginning of the parliament as the confusion of patent the deputies death canterburies imprisonment, secretary windebank l. finob, doctor roane, sir iohn sucklin and his associates flight the fall of wines, the desolation of doctors commons the misery of the papists, judge barckleyes imprisonment and the ruine of alderman abels monopoly : most exactly compiled in a short discourse between mr. inquiseive a countrey gentleman and master intelligencer a newes monger. taylor, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing o ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) old nevves newly revived, or, the discovery of all occurences happened since the beginning of the parliament as the confusion of patent the deputies death canterburies imprisonment, secretary windebank l. finob, doctor roane, sir iohn sucklin and his associates flight the fall of wines, the desolation of doctors commons the misery of the papists, judge barckleyes imprisonment and the ruine of alderman abels monopoly : most exactly compiled in a short discourse between mr. inquiseive a countrey gentleman and master intelligencer a newes monger. taylor, john, - . [ ] p. s.n.] [london : . attributed to john taylor in the wrenn catalogue. illustrated t.p. reproduction of original in thomason collection, british library. eng england and wales. -- parliament. a r (wing o ). civilwar no old nevves newly revived: or, the discovery of all occurrences happened since the beginning of the parliament: as, the confusion of patents, [no entry] f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - kirk davis sampled and proofread - kirk davis text and markup reviewed and edited - pfs batch review (qc) and xml conversion old nevves newly revived : or , the discovery of all occurrences happened since the beginning of the parliament : as , the confusion of patents , the deputies death , canterburies imprisonment , secretary windebank . l. finch , doctor roane , sir iohn sucklin and his associates flight the fall of wines , the desolation of doctors commons , the misery of the papists , iudge barckleyes imprisonment , and the ruine of alderman abels monopoly . most exactly compiled in a short discourse between mr. inquisitive , a countrey gentleman , and master intelligencer , a newes monger . printed in the yeare . old nevves newly revived . inquisitive honest iack intelligencer , th'art welcom home , i woonot lose so much time to aske thee how thou do'st , because thy face has already told me thou wantst money : so do i , t is a generall want , and be fitting a gentleman ; but let that passe , tell me what newes is stirring in or neere london , newes is all that i seeke : you know my humour i hope . intelligencer . i doe sir , and finde it most correspondent to your name ; and because i am desirous to satisfie your humour , i leave off and abandon all superfluous salutations , and fall roundly to the matter . the first enormity the parliament tooke into its hands , was patents in generall . inquis . it was very likely that it would fall to particulars in time : but what befell those patents ? intell. faith though it was in the winter , yet the owners of them were forced to leave them off , though they hazarded going over shooes , in griefe whereof they were all utterly confounded . inquis . what ? all patents , of what nature soever ? intel. yes , that were pretended for the common good , but aimed at particular mens profits , as the patents for cards , dice , pins , soap , leather , and such like were utterly damned ? inquis . i marry sir , the parliament began well , heaven blesse their proceedings : how went they forward ? intel. then to particular persons . the next that was found a delinquent , was no l●sse a man then the earle of strafford , he that set three kingdomes at variance . inquis . what , he that as he went through our towne into ireland , had the streets swept , and made neat for his comming , hee that paid all the officers so bountifully ? by this hand he was a most liberal man , and many say understanding . intel. that 's certaine ; yet for all his wit , he could not easily understand his owne head . alas ! he was intrapt in his policie , and constrained to lay his ambitious necke on the traytors blocke . on my conscience young gregory is the most famous man in all england . inquis . what , he that had the reversion of his fathers place , the young soule-sender , hee that fild the dungmans cart with dogges which he had headed , the better to enable him to eff●ct the reall matter ; why is he so famous ? intell. i le tell you sir , if the glorious acts that hector d●d , made his conq●est the more honourable , and achilles by slaying him ingrost all his heroicke deeds , why should not yong brandon be as famou● for the death of him that shak't three ki●gdomes ? inquis . come , thou art merry : but how scap't his compeere the archbishop of canterbury ? it was thought that he was as deep as the other , it would bee a wonder if hee should come off with as you were , as they doe in the artillery garden . intell. truly sir , i am of your opinion , take my word if ever bee come into his metropolitan house againe , and sit there his maj●sties high commissioner , discharging the new canons , he will goe neere to blow up the little levite that writ lambeth faire . b●t he , good man , being his life was so irregular before has now betaken himselfe to a private lodging , and in a stronger house then that o're the water ; hee is not now much troubled with signing paper petitions , and referring them to sir iohn lamb , although he keep house continu●lly , and never s●irres abroad , not so farre as into saint georges fields to take the aire . inquis . i heard say , he never durst come into those fields since the u●-●oare at the dissolution of the last parliament , he was afraid of the ghost of him hee set upon the citie gates to keep watch . intell. i cannot tell whether that be the reason or no , but on my conscience i thinke that honourable young brandon will have the honour to ship his soule into charons boat , for all his father was a clothier of reading . as soone as ever this man of grace was laid in limbo patrum , his most deare friend , and the papists most favourable compounder , and his majesties secretary sir francis windebank , with much providence tooke a voyage into france . inquis . then i hope wee shall p●y no more ship-money : that same sir francis has been prayd for the wrong way most heartily ; the ship-mo●ey was never mentioned , but a devout imprecation was offered up for him , much good doe him with it . intell. alas ! he never had hand in it , it was my lord finch , the lord keeper of england , that dealt with ship-money , and 't was done with a most provident eye : for hee knew he should have occasion to use ships before hee died , and so he had : for he went after mr. secretary . i le tell you sir , hee was so woary with determining controversies upon the bench , that he resolv'd hereafter to end them with the sword : he became a brother of the blade , and with a tilting feather , a flaunting periwig , buff● doublet , scarlet hose , and sword as broad as a lath , hee looked as like a dammee newly come out of the north , as could be imagined ; and under that disguise fled most swiftly into france . inquis . but under your favour , hee was but a coward to flye as soone as ever he was accouterd in his marshall habiliments . intell. but i think him most valiant : for wisedome was ever held the better part of v●lour ; and none but desperate fool●s will run themselves upon certaine death : and though some such there are , yet he is none of those . i am su●e , that valiant men and brave command●rs followed his example , and no worse men then sir iohn sucklin , the discontented colonell , and his associates . inquis . sir iohn sucklin , what hee that writ admired aglaura ? the blacke friers actors have a foule losse of him , and lest the pl●yers should grow poore , send them aglauros more and more . what he that gave the king a hundred horse against the scotch pedlers ? is he fled for religion too ? intell. as sure as he fled from the pedlers , his coat of male would not keepe out their bullets , though it would sir iohn digbies rapier in the playhouse , inquis . i heard that he was for portugall , and to that purpose had two or three hundred cap and feather men in pay , did he mistake france for portugall ? intell. you may see the fortune of the dice , they run what chance they please , sir iohn knowes it , but there 's a greater man then he gone by farre . inquis . none of the other iudges ? iudge barkley is not gone , i● he ? intell. no faith , hee 's safe enough , hee 's a most fast and substantiall friend , he and davenant the queenes poet doe keepe their chambers , as if they mourned for the iniquity of the times , but he that i meane is greater then any of these in bulke , t is doctor roane . inquis . why if he be gone , how fares the civill law , for he was the body of it . intell. in good faith master inquisitive they droope extreamely , you may walke in the commons and be offended with no confused noise of the proctors that prated onely for the tother fee , they will now without grudging take a ten groats fee and thanke you ; they l onely sigh out , o quantum mutatus ab illo — termino , &c. their clarkes , although they are not troubled with much imployment , cannot be at leisure to redeem the gownes which they pawned in lent vacation : and doctors commons himselfe for feare lest bee should dye intestate , has made his will , and bequeath'd all his goods most equally . inquis . then i may presume that the high commission is downe ; the papists i know rejoyce at it , they have paid many a fat fine , have they not ? intell. faith i thinke that they have rather cause to grieve , for their sines were very easie compositions , but now the parliament has taken them in hand , and useth them far more ruggedly then the chiefe commissioner would . inquis . if the parliament has taken them in hand , i prognosticate that they weare lent in their cheekes , their ave maries , creeds , paternosters , the dropping of their beads , their sprinkling themselves with holy water , will scarce bee of force to entreat the virgin mary to command her son to pitty them they must visit rome , must they not ? intell. or tyburne , choose them whether , as the ballad saies , they have a very bad time of it now i can assure you . inquis . well , let them be hang'd and they will , thou and i will goe drinke a pint of canary . intell. as i live , i had almost forgot , canary is now at sixe pence a pint in london . inquis . at sixe pence a pint , how comes that to passe ? intell. this blessed parliament has pryed into alderman abels knavery , and has found his politicke projects out , has made a confusion of his ticket office , and laid him and his brother kilvert in a house of stone , who shall be made exemplary . inquis . why then honest iacke intelligencer i pronounce thee welcome home , wee le to the taverne and drink pottles in healths to this most happy parliament . the deputy is dead , the archbishop sure , ( i doe not say to dye ) iudge barkleyes cure , if any be is casting of his coyne , abell and kilvert too , that did purloine a penny to 'em from each pint of sacke , if money helpe them not , their neckes must cracke ; and witty davenant , their miseries to terminate will write their elegies , and so he will his owne ; they that fled int' other countries , and so sav'd their heads , from a sore aching cannot merry be , whilst thou and i laugh at their misery : we can be jocound and thinke no man ha●me , with joviall sacke our duller spirits warme . away with sorrow , welcome sweet conteut , this health i le drink to'th blessed parliament . finis . by the king, a proclamation for the further adjourning the parliament england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the further adjourning the parliament england and wales. sovereign ( - : charles ii) charles ii, king of england, - . england and wales. privy council. broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall the third day of july . in the th year of our reign." reproduction of original in the guildhall, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for the further adjourning the parliament . charles r. his majesty having so ordered his affairs , that his two houses of parliament may forbear their assembling on the eleventh day of august next , being the time prefixed , whereof he declared he would give timely notice , that they might spare their attendance at a season of the year , when their being in the countrey is so necessary for their private occasions , and for other weighty considerations , his majesty doth ( by the advice of his privy council ) publish , notifie , and declare his will and pleasure to be , that his house of peers shall adjourn themselves , and also his house of commons shall adjourn themselves on the said eleventh day of august , until the tenth day of november next ensuing ; whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern ; may hereby take notice , and dispose themselves accordingly ; his majesty letting them know , that he will not at the said eleventh day of august , expect the attendance of any , but onely such of either of the said houses of parliament , as being in or about the cities of london or westminster , may be present at the making the said adjournment . given at our court at whitehall the third day of july . in the th year of our reign . god save the king . in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty , . a proclamation for further proroguing of the parliament james r. england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for further proroguing of the parliament james r. england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) printed by charles bill, henry hills, and thomas newcomb ..., london : / . reproduction of original in huntington library. broadside. at head of title: by the king, a proclamation. at end of text: given at our court at whitehall the seventh day of january, / . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion j r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation for further proroguing of the parliament . james r. whereas we did lately prorogue our parliament until the fifteenth day of february next , we for many weighty reasons have thought fit to prorogue the same until the eight and twentieth day of april next ensu●ng the date hereof : and therefore do by this our proclamation publish and declare , that the parliament shall be prorogued upon and from the said fifteenth day of february until the eight and twentieth day of april next ; whereof the lords spiritual and temporal , and the knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly : we letting them know , that we will not at the said fifteénth day of february expect the attendance of any , but only such , as being in or about the cities of london and westminster , may attend the making the said prorogation , as heretofore in like cases hath been accustomed . given at our court at whiteball the seventh day of january , / in the second year of our reign . god save the king. london , printed by charles bill , henry hills , and thomas newcomb , printers to the kings most excellent majesty . / . the long parliament tvvice defunct: or, an answer to a seditious pamphlet, intituled, the long parliament revived. wherein the authors undeniable arguments are denied, examined, confuted: and the authority of this present parliament asserted, vindicated. by a zealous yet moderate oppugner of the enemies of his prince and country. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the long parliament tvvice defunct: or, an answer to a seditious pamphlet, intituled, the long parliament revived. wherein the authors undeniable arguments are denied, examined, confuted: and the authority of this present parliament asserted, vindicated. by a zealous yet moderate oppugner of the enemies of his prince and country. prynne, william, - , attributed name. [ ], p. printed for henry brome at the gun in ivy-lane, london : . sometimes attributed to william prynne. "the long parliament revived" is by sir william drake. annotation on thomason copy: "decem .". reproduction of the original in the british library. apply to sir william drake: long parliament revived. eng drake, william, -- sir. -- long parliament revived england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the long parliament tvvice defunct: or, an answer to a seditious pamphlet, intituled, the long parliament revived.: wherein the authors und [prynne, william] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the long parliament tvvice defunct : or , an answer to a seditious pamphlet , intituled , the long parliament revived . wherein the authors undeniable arguments are denied , examined , confuted : and the authority of this present parliament asserted , vindicated . by a zealous yet moderate oppugner of the enemies of his prince and country christianae perfectionis est , pacificum esse etiam cum pacis inimicis , spe correctionis , non consensu malignitatis : vt si nec exemplum nec cohortationum discretionem sequantur ; causas tamen non habeant , quibus odisse nos debeant . aug. london , printed for henry brome at the gun in ivy-lane , . to the reader . t was not an ambition to speak in print , nor to lay lime-twigs for any other advantage , which encouraged my pen to this undertaking : these are toyes to delude those who understand little of the world , and less of their own merits . wouldst thou know the occasion ? t was this . about a week since , i had the happiness to visit some of my learned and judicious friends . their discourse was a while various , till it was fixt on the long parliament revived . and therein ( having no learning in the common lawes ) their judgements were fluctuating and uncertain but the novelty of the question and the confidence of the author , had enclined them , though not to an assent , yet to a favourable censure of his opinion . a stranger among them would needs prove it to be true , and produced only that it was the sence of the city for his evidence . at length they demanded my judgement . i discoursed the question at large , answered their objections , refuted their arguments , and in the end left them well satisfied that it was but a parradox . one of them ( whose commands are to mee more obligeing then the acts of a posthumous parliament ) enjoyned me to commit my thoughts to paper , and hath since condemned them to the press . whether he were in this my friend or my enemy , be thou the judge . i have been forced in this argument to make most use of reason , deduced either from its first principles , or the common notions of our law . for the question is a transendent and in vain it were to look presidents either in our law-books or histories . several arguments are used , but those upon the exposition of the act it self . car. i conceive to be of themselves a full answer to the authors principle objection . this question might have been the triumph of a more able pen : but that the eagles do not quarrey upon flies . and if some one of the sages of the law had undertook this task ; the author might have pleaded , qui bonam tuetur causam , dum victus est , non vincitur , that he was conquered by the man , not by the truth . but now against any such suggestion , the undertaking of the question by one of a lesse name , is a sufficient counterplea . i shall willingly abide the sentence of the judicious . but to censure before thou understandest , is to condemn a man unheard . if i have brought any light to the question or benefit to my countrey by this small labour ; my desires herein are in their haven . as for thy favour i shall neither flatter it , nor refuse it . farewell . anno . caroli regis . an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament . whereas great sums of money must of necessity be speedily advanced and provided for relief of his majesties army and people in the northern parts of this realm , and for preventing the imminent danger this kingdom is in , and for supply of other his majesties present and urgent occasions , which cannot be so timely effected , as is requisite without credit for raising the said moneys : which credit cannot be obtained until such obstacles be first removed , as are occasioned by fears , jealosies , and apprehensions of divers his majesties ▪ loyal subjects , that this present parliament may be adjourned , prorogued , or dissolved , before iustice shall be duely executed upon delinquents ▪ publick grievances redressed ; a firm peace between the two nations of england and scotland concluded , and before sufficient provision be made for the repayment of the said moneys so to be raised . all which the commons in this present parliament assembled having duely considered , do therefore humbly beseech your most excellent majesty that it may be declared , and enacted . and be it declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that this present parliament now assembled shall not be dissolved unless it be by act of parliament to be passed for that purpose . nor shall be at any time or times , during the continuance thereof , prorogued , or adjourned , unless it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time , or times , during this present parliament , be adjourned , unless it be by themselves , or by their own order : and in like manner , that the house of commons shall not at any time , or times , during this present parliament , be adjourned , unless it be by themselves , or by their own order . and that all , and every thing , and things , whatsoever done , or to be done , for the adjournment , proroguing , or dissolving of this present parliament , contrary to this act , shall be utterly void , and of none effect . the long-parliament twice defunct , or , an answer to a seditious pamphlet , called the long-parliament revived . the contrivers of evil designes , are not more sollicitous to accomplish their mischievous ends , then they are crafty to palliate and mask the course of their undue proceedings . for deformity and an ill-favoured aspect , is entayl'd upon wicked and unhandsome actions , and the soul of man hath retained so much of its original righteousness and primitive light , that it starts , and feels the effects of antipathy upon the first discovery of a foul and vicious object , when ever it ventures it self abroad undiscovered and appearing in its own ugly proportions . and therefore evil minded men finde it both the safest , and the surest , and the easiest way to hide their pernicious purposes under the fair and plausible pretences of vertue , or religion , or the publick good . that great heretick in religion and policy , machiavil hath taught them the same lesson , who though he rejects conscience in the substance as no good guide , yet he perswades his disciples to embrace the empty shew of it , as the best vizard in the world . but truth is eagle-eyed and can look through all their thin pretences , and measure their perverse intentions by the end to which their actions are naturally tending , and the effects which they are likely to produce . herein can be no hypocrisie , no disguises to elude the inquiries of a wise observation . the means they use do certainly point out the ends they aime at , as he that shoots at a mark will be thought to intend to hit it if he could , whatsoever he tells us to the contrary . the author of the late pamphlet called the long-parliament revived , hath rendred himself an example of the truth of this assertion , who being great with childe of a paradox destructive to the peace of this nation , could not be satisfied till by the midwifry of the press he was delivered of his chymerical birth , though with the hazard of his liberty in the production . for though the whole scope and designe of his book be only to ferment the minds of the vulgar , and as he calls them , injudicious sort of people , and to blow the trumpet of sedition to the disturbance of the publick happy peace : yet he hath the forehead to preface his old rags with plush , and to begin with these crafty insinuations , viz. to the end the peace of this nation may be established upon a firm and lasting foundation and that after one shipwrack hardly escaped , we run not again upon a more fatal and irrecoverable rock of confusion , the author of this small paper out of tender compassion to his native countrey , and with all humble respects of allegiance to his royal majesty that now is , hath thought fit to offer arguments to the world , &c. which if timously harkened unto , may yet prove a healing remedy against the sad breaches of this shattered kingdom and prevent mischeifs . sure this man was an apothecary he is so good at gilding of his bitter pills . let us therefore inquire whether the substance of his discourse do correspond and suite with these fair and plausible pretentions of loyalty , and the publick benefit of these nations . which will the better appear if we consider , first , the rancour of his heart against the present government , expressed in the fourth page of the pamphlet , to this effect , viz. that when the subjects of this nation have seriously considered of his arguments , which ( as he would have it ) do prove the being and legall authority of the long parliament visibly existent by vertue of the act . car. they will doubtless see they have no reason to hold themselves safe in their lives , liberty and estates till it have made provision in that behalf , and be legally dissolved . what is , if this be not to sow sedition , and to lay the foundations of a new warre , and to angle for proselytes of rebellion , which the phantastick baites of the vindication of laws and the subjects security ? we have ( one would think ) bought the experience of trusting the pretence of fears and jealousies at too dear a rate , to be again involved in the sad consequence of a pernicious credulity . the present age is too wise to thrust themselves into a true and real slavery , to avoid a painted one . and therefore the author might have spared that clause which gives the lie to his proemial flourishes , and is not likely to serve to the ends he intended it , the generality of the people ( blessed be god ) being now of true and loyal principles and of a conformable temper to the government established . secondly , the consequence of the opinion he defends , will plainly demonstrate that the author is no such great friend to the publick good of his native countrey , as is pretended . for then he would have it to follow , that the present parliament is of no authority to binde the subjects of this nation , and that their acts have not the force of laws , and if so , then all their acts are voide and of no force that they have made in order to those excellent ends of restoring his sacred majesty to his just birth-right , and the laws and liberties of the people to their free exercise and splendor , which this present parliament have , to their eternal glory and honor , with great prudence and moderation effected ? how will the author and the nation be sure of another act of oblivion , of so full and comprehensive mercy as that which is already passed and published . if that should not be an act of parliament , it is only the kings declaration which is pleadable in no court for any mans discharge . besides his majesties declaration from breda referres to this parliament now sitting , and by his letters to them , hee obliged himself by his royal word to passe those laws which are already enacted , and others now in agitation for the quiet settlement of the nation , and therefore he is not concerned in honor or conscience ( for otherwise he is not obliged ) to give his royal assent to those acts when they shall be presented to him by the long-parliament if they could get a being quasi ex post liminio as the author hath conceited it . and let him be confident the desires of the nation are utterly against it , who will never willingly be brought to seek a plaister from those very men that have broken their heads . thirdly , the authors malevolent nature appears in this , that relying upon one distinction only , that there is a difference betwixt the nature of a parliament in its ordinary constitution , and a parliament strengthened by a special law made to that purpose , and some few shreds out of the third institutes , he dares to cross the general opinion of learned men , and like a pigmy upon the shoulders of a giant , bid defiance to all opposers ; 't is a curst cow that will be fighting though she hath short horns , and he hath a great minde to swimming that will adventure to cross the seas in a cockboat . but not to dwell in the porch ; it will be agreed to the author , that parliaments rightly constituted in the general , are very instrumental for the safety and happiness of this kingdome , and that the members of parliament ought to enjoy their due privileges . but his inference will not hold in applying the general rule to every particular parliament . for though the general constitution be good and convenient to the nature of our government , yet some of the particular instances may be defective and erronious in their judgement and proceedings . and no wonder , seeing the rule in livy is generally true , in consilijs major pars plerumque vincit meliorem . we have had insanum parliamentum of old . and the effects of the late long parliament , caused by the faction and perversness of some predominant parties amongst them , even to the dissolution of our government , is a sufficient proof in the judgement of sober and unbiassed persons , that the general thesis ought to be understood with several limitations . and although the members of parliament ought to enjoy their lawfull privileges , yet it doth not follow that therefore those men should be permitted to sit whose authority is determined by the course of law , as shall be hereafter most manifestly proved . his particular arguments are drawn from the body and preamble of the act of caroli . first from the preamble he endeavours to prove by way of implication , that that parliament intended to secure themselves against all the causes of dissolution , as well by the kings death as otherwise , and thus he argues in effect , that the parliament being necessitated to borrow money for the publique service ( for he waves the other ends mentioned in that preamble of that act , and therefore i shall take no notice of them in the discourse ) and seeing no body would trust them because it was hazardous , they might be dissolved before repayment , therefore was the act made to establish their continuance till the money being satisfied they did dissolve themselve by act of parliament ; but saith the author , if they had been notwithstanding dissolvable by the kings death , the act had been of no effect , because their dissolution was still hazardous ; the kings life ( saith he ) being more uncertain then other mens , and so ex absurdo he reasons , that the parliament shall not be intended to omit this cause of their dissolution out of the said act . to this i answer , that the principle end of this act being only to secure the payment of the publique debts , which they were then contracting . if the security of those debts did not so depend upon the parliament , that they would be necessarily lost , if they were unpaid at the time of their dissolution ; then that parliament was not absolutely necessitated to secure their sitting till those debts were paid , it being sufficient to establish themselves against being dissolved by the kings will , which had most often recurrence , and whereof they stood in most danger . but those debts which they then contracted , were either secured by act of parliament , actually made and passed at the time of the money borrowed , or they were not . if they were secured by act of parliament , that act was as good a security after the parliament dissolved , as it was while the parliament continued . but if they were not so secured , the debts were as likely to be paid , and the creditors had the same security ( viz. the honour and justice of the kingdom , which is all the security or compulsive power creditors have against parliaments ) for the repayment thereof by a subsequent parliament , as by the parliament then sitting which borrowed the money , which is apparent ; first , because the parliament then sitting , by the authors own confession , took no care for repayment of the said money , and another parliament could not possibly be more remisse ; secondly , because those debts were the publique debts of the kingdom , contracted by their representatives in parliament , in their publick , and not in their individual quality , and therefore every following parliament , comming under the same representation , ●●ere bound to take the same care for the payment ●hereof , being a part of their publique service or employment . and it is no strange thing for a latter parliament to pay sums which were drawn on the kingdom by a precedent parliament , witnesse the paying off the souldiers by the honourable assembly now sitting , which souldiers were the most part of them first set on work by the long parliament , since which time , till now , we could never have the happinesse to shake hands with them , so that it appears that there was no such great necessity , as the author insinuates , to bulwark themselves against a dissolution by the kings death , which was a remote possibility . but that in case that accident had happened ( which was unlikely ) the debts notwithstanding would not have been lost , but had been in as much likelihood to have been paid by the next parliament , as if the parliament in caroli had not been dissolved by the kings death . secondly , at the time of this act made , there was no danger of the kings death , nor any suspition that it would happen within so short a time as was sufficient for them to have raised the said monies , and therefore they shall not be reasonably intended to have made provision against the kings death . for his late majesty of ever blessed memory was sprung of longaevous parents , and was in the meridian of his age , of a strong and healthfull constitution , and of great temperance in his diet and recreations , which are all symptomes or causes of a long life ; and therefore 't is unlikely they should mistrust he would die within one or two years , which was time more then sufficient for the raising and payment of the sums borrowed . thirdly , if the case had been so that his majesty had been of a languid and valetudinarious habit of body , yet the act had not been fruitless . for a parliament may be dissolved either by the kings pleasure , or by discontinuance , or by the kings death . but seeing by this act they were defended against being dissolved by the kings pleasure ( as is agreed by all parties ) whereof there was most danger : i conceive the author will not deny , but that their session was more established by this act then it was when it lay open to all the three accidents or causes of dissolution . an estate determinable upon the surrender or forfeiture of the particular tenant is a lesse defeasible estate then another estate determinable by his death , surrender or forfeiture . and now reader , you may breath a little , and consider the emptiness of the authors argument conceived upon the preamble of this act , which appears to be like the crackling of solomons thorns under a pot , makes a great blaze and a great noise , but contributes little of solid heat to the vessel that hangs over it . yet to be further quit with him before i dismisse the preamble , i shall thereupon frame this argument which i think flowes more naturally from it then his deduction , that it appears from the preamble the parliament only intended to suspend the kings prerogative and the ordinary course of dissolving them till they had cleared their credits and repayed the money borrowed , for this they make the principal end and drift of that act , and when the end of an act of parliament is satisfied , the act looses its force , aquisito fine cessat operatio , which is proved by those temporary statutes for assesments &c. when the money is paid , the statute is become of no further use or effect . and therefore if all the ends for which the act . caroli was made be satisfied accordingly by the payment of the money therein mentioned , to be borrowed upon the security of that parliament , then is the suspension taken off , and the kings prerogative , and the ordinary course of dissolution of parliaments is revived again as it was before that act made , and by consequence they are dissolved by the martyrdom of his late majesty . now the learned and worthy patriot mr ▪ prynne asserts that the ends of this act are all satisfied , and the author doth not endeavour to prove the contrary . but if the moneys by them borrowed be not paid . yet i suppose the authority given them by that act , ceased before the kings death for not performing the ends of that act within the time which was limitted them by the construction of law and reason . and for proof hereof , and our more orderly proceeding we will inquire what time was allowed them by a rational interpretation of that act to performe the ends in that act designed . there is no man , i think , so irrational as to imagin , that by this act they are a perpetual parliament ; first , because it is contrary to the end designed in the preamble . secondly , because it is against the fundamental constitution of the politick government of this kingdom , & against all the presidents and books of law , which alwayes mention successive parliaments ; thirdly , 't is against the liberty of the subject , which a parliament cannot alter in so principal a part , especially seeing the lawmakers may be intended reasonably to do it for their own benefit , who in their own cases , by the law of reason , can be no co●petent judges . and that for many inconveniences , in successive parliaments the country have every time power to chuse a new , and 't is not often ( though sometimes ) seen , that one man is chosen in many successive parliaments : which variation is necessary for several reasons ; sometimes because they would ehuse persons aptly qualified in parts or affections , or both , to the matters of state then in agitation ; sometimes they elect persons having interests by their own greatnesse or alliance to procure some particular businesse of consequence effected for the county or corporation for which they serve , so that to endeavour a perpetual parliament , would prejudice the people 's repeated election , which is not to be allowed . besides , this inconvenience would follow a perpetual parliament , that the persons chosen may be altered in body , mind or morals , and so unfit for that service , yet their authority would be continued ; for a knight , citizen or burgesse can make no proxie , and sicknesse , &c. is no cause of removal . and further , if those persons should grow old in that power , they would engrosse the offices of the kingdom into their own hands , and by great means , and friends , and privilges overtop their countrymen and make them meer under-woods . and if it be proved that this act doth not establish this long parliament in an absolute perpetuity , then it is to be considered what is the time of their duration , within the meaning of this act ; for if it be construed that they have a continuance till they dissolve themselves , without restraining their continuance to the time of the performance of those ends for which the said act was made : this is potentially a perpetuity , and cannot be abridged but by 〈◊〉 own wills , which would never militate ( as he phrases it ) against their own advantages . so that then this exposition labours under the same absurdities and inconveniences with the former , and therefore not to be supposed . therefore i conceive the most natural and genuine interpretation of this act is , to make the drift and purpose of this act , the limits of its continuance , and this drift is the payment of the said debts ; and seeing by the rules of the common law , which may be confirmed by reason , when an indefinite time is given for the performance of a voluntary act possible to a third person , the act ought to be done within convenient time ; hence i infer , that if the publique debts which were the end of the making of this act , be not satisfied by the long parliament ; yet because they have had time and power more than sufficient between the making of that act , and the kings death , to have raised and paid them off , and did actually levy monies , amounting to a far greater sum , which were otherwise imployed . the gentlemen of that parliament ought not to take advantage of their own neglect ; but having surpassed the time which by law and reason was sufficient to accomplish those ends , they lost the advantage they gained by that statute , the kings prerogative , and the ordinary course of dissolution relapsed into its old chanel , and consequently the said parliament was by the kings death actually dissolved . and so much is argued by way of admission , that the act of car. did provide against all the causes of dissolution , but not granting it ; for i doubt not , but i shall prove the contrary afterwards in this discourse . but now we must hasten to the body of the act . his second argument is drawn from the body of the act , the words whereof are these , viz. that this parliament be not dissolved unless by act of parliament to be passed for that purpose . whence he concludes , that this negative clause is exclusive of all the causes of dissolution ; which i deny : but before i give my reasons i shall observe . that seeing this act is derogatory in a matter of the highest nature to the law and custome of parliament , but especially to the kings prerogative , which the law supports and cherishes as a ballance to the two other estates , to preserve the perfect crasis and equal temper of the politick government . the general words therof shall be expounded strictly in reference to the thing altered , and beneficially as to the reviviscency of the law and custome of parliament , and of the kings prerogative , which in obedience to some necessity was for a time laid afleep and suspended ; for 't is a rule , that bonum necessarium extra terminos necessitatis non est bonum . this being premised i doubt not but i shall give a full answer to the authors second argument . and therefore i make a question , whether an act of parliament by express and apposite words , which is stronger than our case can continue their own being after the death of the king in whose life it was summoned . first , because that after the death of the king , if they be a parliament , they are either such by the common law and custom of parliament ( which is a principal and fundamental part of the common law of the land ) or by the special statute , so by both they cannot be a parliament . but they are not be a parliament by either of those two wayes , for the reasons hereafter alledged , not by the common law and custom of parliaments ; because ( as the learned mr. prynne hath proved in his said booke , and the author agreeth it , and 't is not doubted by any man that hath any understanding in the law ) that parliament , as it was a parliament by the common law , naturally determined by the demise or death of the king : nor are they a parliament by the especial statute , because then it would be another thing distinct from that parliament which was summoned in the kings life , to which the power of representation , which was conferred upon the members thereof , by the people in their election cannot extend ; for the country being enabled to choose them by the kings writ , the persons elected received no power from them , but according to the tenour of the kings writ , which determining with the kings life , the power of representing the people , wbich they received at their election was then likewise determined , and by consequence they were no longer the peoples representatives ; and therefore no parliament . or to expresse it in plainer terms , if they be a parliament after the kings death by the force of their own act , as i have proved , they must be , if they be a parliament ; then it would follow , that a parliament by their own act may only create another parliament , to exist after they themselves so constituted are dissolved ; and the consequence of this would be , that the people should be bound by the laws of that other parliament to which the people never consented being made by persons that were not chosen by them to be their immediate representatives , which is absurd ▪ there is nothing materially to be objected to this in my opinion , but that the people are parties by representation to the act that constituted the second parlrament , and so the second parliament might sit by their mediate , though not by their immediate choyce and election . to which i answer , that the power that the people gave to their representatives at their election was limited and confined to their persons in that quality , and is not transferrible either to other persons , or to themselves in another quality ; because all authorities are confidences in the persons authorized to some certain end ; and therefore are personally and strictly taken , and cannot be communicated to others , or themselves in another manner than they were at first given . as for ample , if i submit my self to the arbitration of a stranger to stand and fall by his judgement and decree ; though i am bound to stand to his sentence , yet if he transfer over the power i gave him to another , i am not obliged by the award of the d person . so if there be arbitrators which are limited to make their arbitration during the life of a third man , if they award within that time , that what award they themselves shall make after the death of the third person , shall be good and binding to the parties concerned ; such award would be voyd , because they are not arbitrators after the death of the third person , by the choyce and submission of the parties concerned ; but by their own award ; which was beyond the intention of the parties that gave them power , and if they could hand over their authority beyond the date of the first limitation of its continuance , they might do the same thing infinitely , which is absurd and inconvenient , and against the nature of an authoritie . secondly , i conceive it will be a hard a matter for the author to prove , that a parliament hath a legal power ordinarily as a parliament , to alter the fundamental laws , which are so concorporate with the essence of government , that one cannot subsist and be the same without the other , unlesse it be in a case of great & invincible necessity , which dispences with the punctilio's of all laws , or by the peoples consent specially signified , and the implyed consent by their ordinary election shall not be suffiicient . and 't is not a general sentence cited by the author out of the d ▪ institutes will evince the contrary . which position i prove , first , because the author might have found in his beloved third institutes , that it is the course for the members of parliament to desire leave to consult with their counties before they consent to any new law of extraordinary and important alteration . secondly , it being the root and foundation of all the liberties of the subject , not to be bound by any new law to which they are not parties by their imdiate representatives , and to make successive elections : it will not be reasonably intended , that the people did intrust them with their authority to those ends , viz. to change the government , or to deprive them of their fundamental privileges , as i have before shewed is done by this act , according to the authors interpretation . thirdly , the lawes of england are of two sorts , either they concern the being , or the well-being of the policy of this nation ; those of the last kinde are the proper work and object of parliamentarie power , these may be enacted , repealed , revived , corrected , expounded , and as to them a parliament hath unlimited jurisdiction , as by the particular examples cited by my lord cooke appears ; but those lawes that concern the being of the kingdom , as 't is a government , are inalterable , except in the special cases of necessity or the peoples special consent ; because first , those first and fundamental lawes are the foundation and the measure of the usefulnesse or disadvantage of all the other lawes , which are collateral to the essence of government ; all lawes being fitted to the nature of government , as a garment is shaped to the body , and therefore those laws ought to be as standards to support and regulate all the rest . secondly , because an error in such alteration would be fatal , and next door to an impossibility to be redressed ; if the walls or the roof of a building be altered , there is no great danger , but to move a stone in the foundatiō , threatens the whole structure with a certain downfall . i may say of it as my lord burleigh to his son in another case , to attempt a change in the essentials of government , is like a stratagem in war , wherein to faile once is to be undone for ever . and that the limits of the natural duration of a parliament , is part of the fundamental laws of this nation is so clear , and common a truth , that it needs no further proof . fourthly , every statute hath the formality of a law , by the law and custom of parliament , because a constitution agreed on by persons chosen by the people with the royal assent , without the material circumstances required by the law and custom of parliament , is ordinarily no binding law , which proves that the law and custom of parliament , gives the essence & formality of every possitive law , as t is a law ; and therefore it cannot be altered in the substantial part of it , except in the cases before excepted ; for all the power and force which a statute hath to command obedience as it is a law , being derived from the law and custom of parliament , if this law might be altered by a statute , it would then follow , that the force and effect of one and the same law , could be bent against it self , and have an efficiency to its own destruction ; which is repugnant and unnatural , and not to be imagined . and for a further proof of the premisses , i do affirm , that there be several things which a parliament cannot do by their act de jure , though de facto , sometime it be done , as to make a law that a man shall be judge in his own cause , or any other thing which is against natural equity , the act is void , quia jura naturae sunt immutabilia . so if an act be made to condemn and attaint a man of treason , without hearing him in the way of a legal tryal , although my lord cook saith , that the attainder standeth of force , because there is no higher court to controul it , yet he addeth this clause to shew it is not good de jure , viz. auferat oblivio si potest si non , utcunque silentium tegat , for ( saith he ) the more high and honourable the jurisdiction of the court is , the more just and honourable ought they to be in their proceedings , and to give example to inferiour courts . i shall not mention the books cited by mr. prynne , which pertain hither , but refer the reader to his book . but to come nearer , t is the judgement of a whole parliament , in these words , viz. it is declared by the lords and commons in full parliament , upon demand made of them on the behalf of the king , that they could not assent to any thing in parliament that tended to the disherison of the king and his crown , to which they were sworn . and my lord cook saith , that although it might be done ( i. e. de facto ) yet it is against the law and custom of parliament . now the said act of caroli according to the authors interpretation , is expresly against the prerogative of the kings successor , to call his own parliament , and hath many other inconveniences , which need not to be here again repeated , and therefore in the words of the parliament in edward the d. his time ; they could not make an act to bear such an interpretation , to the disherison of the king and his crown , &c. yet i will not deny but that the kings majesty might binde up his own hads , and suspend his ordinary power from an actual dissolution of the parliament ; morally ▪ by his promise , or legally , by an act made for that purpose . for a parliament may bee dissolved either by an external principle which is accidental , viz. the declaration of the kings pleasure ; or by an internal principle which is natural , viz. the want of entring their continuances , or the kings death , whereby the kings writ , which is the authority they have to convene together , is determined . now the king ( as over his subjects ) so he hath a soveraignty over his own will , and being obliged by his royal assent to that act , he might and ought to stave off the accidental cause of their dissolution . but for the aforesaid reasons , i doubt whether the kings majesty , or his two houses , or altogether , could legally change the substance of the parliament , and defend it against the natural causes of its dissolution . this being understood under the limitations expressed in my first thesis or position . but that which i will rely upon is this , that admitting it be in the power of a parliament with the royal assent by their act to make themselves a legal parliament after the kings death by apt words ; yet in the act of . caroli there are no such words , as according to the rules of law will bear any such construction . for the words , that this parliament shall not be dissolved unless it be by act of parliament , are a general negative , which by a proper interpretation cannot extend to all the causes of dissolution , but only to that which most often happened , and which was the pretended grievance at that time , viz. the dissolution by the kings will and pleasure : for it belongs to the judges to expound the general statute laws according to reason and the best convenience , and to mould them to the truest and best use . and in all times the judges have excepted particular cases out of the general negative or affirmitive words : of statutes , though such particular cases have come within the comprehension of the general words . where the letter of those statutes in the largest extent of it doth intrench upon the kings prerogative or the nature of the thing , or enforces to an inconvenience or an impossibility . by the satute of magna carta c. . 't is enacted , that common pleas shall not follow ( or be sued in ) the kings court ( or bench ) which is a general negative clause , yet notwithstanding because 't is a maxime in law that the king is present in every court ( and cannot for that reason be non-suited ) it is clear law and so holden , that the king is not within these general words , but may sue in his bench or in any other court at his pleasure . in the marquess of winchesters case , though there was an act of parliament . h. . that the lord norris should forfeit all his rights , &c. yet adjudged that a right of action being an inseparable incident to the person attainted could not by general words be made separable contrary to its nature ; and therefore were not given to the king by the generality of that law . so in englefields case , though the statute h. . gives all conditions of persons attainted to the king , which being a general word comprehends all sorts of conditions , yet a condition of revocation of uses by any writing under the hand of the duke of bedford that was attainted being appropriated to his own personal act was not forfeited within that general statute . the statute of winchester is a general statute , that the hundred , &c. shall make satisfaction for all robberies and felonies done within the hundred ; yet resolved , that the hundreds shall make no satisfaction for the robberies of a house , because the house was the owners castle , and he might have defended himself , and so t was inconvenient that the hundred should be put to take care of him that had ability to preserve himself and his goods : nor for a robbery done in the night , because it was the travellers folly to travel by night , and it was impossible that the hundred ( who by intendment were in their beds ) should take notice of such a robbery . the statutes of marlebridge , cap. . westm. d . cap. . and e. . cap. . are in the general negative ; yet the judges have so expounded those statutes , that they extend not to many particular special cases which are within the general comprehension of those words . it were infinite to enumerate all of them ; therfore to apply this . seeing it is agreed by the author , and otherwise proved , that it is the nature of a parliament ordinarily to be determined by the kings death ; and the contrary is ( as i have proved ) against the liberty of the subjects election , and in prejudice of the kings successors prerogative of calling his own parliament , and this general clause may be very fully satisfied by suspension of the kings prerogative to dissolve them at his will and pleasure ; 't is against all reason and president , that it should be extended any further to change the essential nature of a parliament , abridge the subjects liberty , and shackle the prerogative royal , withou● any special and expresse words to manifest certainly that the intention of the lawmakers was such , without any manner of question . for if they had intended to preserve themselves against discontinuance , and the kings death , they would have added such special words as these , viz. that this parliament shall not be dissolved by the kings majesty , nor by neglect of the due entring of adjournments , nor by his majesties death , but onely by act of parliament : which would have made their intention manifest ; and in such case they would never have been contented with general words , which are uncertain and ambiguous . and lastly , if i should admit , which can never be evinced , that the said negative clause should fortifie the parliament against all the causes of dissolution , as it stands singly by it self ; yet upon consideration of the other part of the same statute , it will appear that there are other words which do restrain the generallity of the former negative clause or sentence , and shew , that the intent of that parliament was never to continue themselves a parliament after the kings death . and to prove this : it is a good rule in law , that it is most natural and genuine to expound one part of the meaning of a statute by an other . the first general clause of the statute car. respects the effect , viz. that they shall not be dissolved , &c. and this i call conservatory . and after comes another clause , which respects the cause of their dissolution , viz. and that all and every thing and things , done or to be done for the adjournment , proroguing , or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect . which clause is prohibitory of the cause of their dissolution . and in this last clause it appears , that the cause of dissolution which they intended to prevent , was something that should consist in action , by the words ( thing or things done or to be done ) which words could be applicable only to an actual dissolution by the kings pleasure . for the non-entry of continuance upon adjournments , is not a thing , but a defect , nor done , but omitted ; and the kings death is not a thing , but a cessation of his personal being , and of the dependents thereupon . nor is an action , but a termination or period . so that the last clause which respects the cause of their dissolution , extending only to a dissolution by the kings pleasure , the author cannot with any reason or modesty strain or extend the negative words of the former general sentence , which respects the effect , to any of the other wayes of dissolution , unlesse hee would have the effect , as 't is an effect , to be broader and more capacious than the cause , which is not to be endured . so that it is evident , that this later sentence restrains the general words of the former , to the particular kind of dissolution by the kings pleasure ; and upon the whole , that the long parliament had no establishment of their continuance against a dissolution by discontinuance or the kings death , which having both happened during their session , they are twice dead instead of being once revived . and now let the impartial and understanding reader judge what reason the author had to trouble the world with this paradox , which is built by him upon so sandy foundation , that it is no glory to demolish and kick it down . it is the humor of some men to make election , rather to doe mischief , than to doe nothing . though i cannot but speak him ingenuous ; yet i could wish he had exercis'd his curiosity in a matter of lesse dangerous consequence to himself and the peace of these nations . there remain some little things to be discussed and answered in the authors discourse of the existency of the long-parliament , which i shall touch only , and dismisse the question . to mr. prynnes first argument he answers , that the kings death legally dissolves a parliament ; but not such a parliament as is established by an act of the three estates , and requires a president to the contrary . this distinction is fully answered before in this discourse by my arguments upon the body of the act : so that mr. prynnes objection stands in its full force and efficacy . and for his president , this is iniquum petere , to demand an example of that which is without a parallel in any of the former ages . it sufficeth , that we have evinced by reason and a legal interpretation of the act of car. that the long parliament hath no legal existence . to mr. prynnes second objection he furnishes out the same distinction ; for hee hath no weapons to fight with but a fork , and if that break he must despair of victory . but he fortifies his distinction with an interrogatory , upon which he frames a dilemma , which is answered before , viz. that a parliament cannot de jure extend its continuance beyond the kings life in whole time they were summoned , but by the peoples special consent , or an invincible necessity : and this is not to be such a pedling necessity as the pretence of borrowing of money in our particular case . he sayes , that parliament security was ever looked upon as inviolable , viz. ( as i think he means ) just and punctual , and it hath been alwayes so esteemed before and since that act , and moneyes have been alwayes borrowed in great sums upon their security , without scrupling their dissolution . ask any citizen of london , he will give you a president of it which is not beyond the memory of man . yet i confesse , that if the moneys borrowed by the long parliament in car. were not paid by that parliament ( although they sate till the kings death , which was many years afterwards ) 't is most certainly true , that the general rule did fail in that particular instance . and till now very few of this kingdom did ever know or suppose that that parliament had left the nation in debt : so that the author hath no reason to expect the thanks of the house at their resitting , for making this discovery so publique . to mr. pryns third objection he opposes the same magnanimous distinction , which surely is not of french extraction , for it shrinks not at the d. charge . but 't is now almost out of breath , and therefore to second it , he sayes , that the king virtually waved the authority of his writ of summons , and fearing that for all this it may be repulsed , he sounds a barley by another interrogation , which is in effect but his old distinction wheeled off and re-enforced , & this as i have said , is all answered before in this discourse , and i would not tire my reader with repetitions . to mr. pryns fourth objection he sayes nothing material , only that passage must not escape unanswered , viz. that the king is a part of the parliament in his politick , rather then in his natural capacity ; and therefore when the king dies , the parliament dissolved not , because the politick capacity remains after his death . to which i answer , that the intent and use of a parliament , is to advise that particular king that summons it , and all their counsels must be directed to him as he is a man capable of advice and assent : and when he writes le roy le veult , it is his personal act , though as this act gives the instrument which he signes the validity and efficacy of a law , it is done by his royal authority . and further , every parliament ought to begin and end by his personal presence , or by him in representation ; which shewes , that every parliament depends upon the person of the king ; and this is further evident , by the ordinary dissolution of the parliament at his death . and to the authors application , that a parliament may be such though the kings person be utterly withdrawn , because his politick capacity lives and is present with them . this is an out-worn and thredbare distinction , which the common story of the knights being perjured in his politick , and going to hell in his natural capacity sufficiently confutes . for the politick capacity is a second notion , and cannot subsist but in the natural ; to which it is so strictly united , that it is inseperable otherwise than by our understanding , which cannot alter the nature of any thing . the murthering of his late majesty , as it was treason , was an offence against his politick capacity as he was a king , though that horrid and shamelesse butchery was committed against his natural person as he was a man . but that saying that the king is a part of the parliament must be cautiously understood , because a mistake in it , hath been a great cause or pretence of all our late civil wars . for , hence some would infer a coordination of power in the parliament , which cannot , i conceive , be made good by reason or the laws of this nation ; for the king hath undoubted power to call and dissolve parliaments , which are properties inconsistent with a coordinate power . the stile of all acts anciently was by way of petition , ( that it may be enacted ) which doth not smell of co-ordinate authority , and the act of car. was in like form . the members cannot consent upon condition , which shewes , that the binding power of an act , as it is a law , doth not passe from them , ( for cujus est dare , ejus est modificare ) but only a bare assent , which is necessary to perfect the act of another , as in atturnments . the members during the continuance of parliament may be committed , and be punished for treason , which could not be , if they were in a coordination with the king ; and the writs of summons , under favour , ( notwithstanding my lord cooks marginal notes ) do confirm this assertion . i shall conclude with the testimony of the learned grotius , jure belli , in these words , multum falluntur , qui existimant , cum reges act a sua nolunt esse rata , nisi a senatu , aut alio coetu aliquo probentur , partitionem fieri potestatis : nam quae acta , eum in modum rescinduntur , intelligi debent , rescindi regis ipsius imperio , qui eo modo sibi cavere voluit , ne quid fallaciter impetratum , pro vera ipsius voluntate haberetur . and yet t is most true , that in our legal monarchy the king cannot make or alter any law without the assent of his peers and commons in parliament : so that upon the whole it appears , that the king is so a part , as he is the head of the parliament and nation ; and though it be true , that totum est dignius sua parte , yet the head must be a part of this totum , or else that maxime is untrue and fallacious . to mr. pryns fifth objection , he chops in again the distinction of the kings politick and natural capacity , which my former confutation hath rendred toothlesse . but he sayes the dissolution of the parliament by the kings death , might prove dangerous and pernicious to the kingdom , i answer , he that intends to be believed , must not affirm things in general terms , which do nihil ponere , and to which no certain answer can be given . again , 't is presumption in the author to think himself wiser then all the ages that liv'd before him , who finding no inconvenience , have derived the custom down to our times , and 't is a known good rule , oportet neminem esse sapientiorem legibus . to his answer to the sixth objection , affirming , that the parliament was not dissolved by the act passed lately , upon the admission of the secluded members , for their dissolution , because it was but an act of the house of commons only , which is no act of parliament . i answer that it is most true , that it was no act of parliament according to law ; but by the authors favour , those very men ( that were the greatest part of the commons of the long parliament then living ) ought not themselves , nor their advocate , to say that they were no parliament , for they imposed an assessement upon the nation , and stiled their instruments , acts of a parliament , so that those men shall never in reason averre any thing in disability of their own acts , though they were otherwise not agreeing with the rules of parliamentary proceedings . besides that act at least amounts to a declaration of their judgement , that they were dissolved , and it was true , for they were long before dissolved by the kings death . to his answer to the seventh objection , that this act car. is not void , although the bishops ( who were outed before this act passed ) did not assent to it . i shall say obiter , that 't is the hope of the greatest part of the learned , loyal and moderate party of this nation , that this present parliament , ( if the necessity of other more important affairs would permit ) or some other parliament , will out of their zeal to common justice , and the honour and safety of the kingdom , take the case of the reverend bishops into consideration , and restore unto them their ancient honours and privileges of sitting in the house of peers : their undoubted and very ancient right , and the necessity of their re-establishment , in order to the preservation of the ancient policy of this nation , for the better support of the royal authority , for the ballancing of the other two estates , for the benefit of the clergy of this nation , who have no representatives in parliament , for the preservation of the rights and privileges of the church , and for the better establishment of the integrity of orthodox religion ; being strong and important advocates for their so just restitution . after which short digression , i answer , that if an act of parliament , that divests so many members of the same parliament of their rightfull and ancient privileges , and lawfull inheritance , without any crime committed or alleged , or without being called to answer in any judicial way of proceeding , be good and valid , then the authors position is true , and not to be denyed ; but if such an act be against natural justice and equity , and against the law and custom of parliament , ( for i shall desire the liberty to be sceptical in this particular ) then on the otherside it will appear , that the bishops were excluded against their wills , and they being so great a part of the house of peers , that their voices if they had been present , might by joyning with other lords of the same opinion , have carried the act of caroli in the negative ; it follows that the seclusion of the bishops rendred that act , and all other acts made after their seclusion , void and of none effect . and this case of the bishops hath no similitude with the point in mr. bagshaws reading ( lately printed ) because there the bishops are supposed voluntarily to absent themselves , or being present to dissent , and so an act passed by the greater number of voices . nor doth the case cited by the author , come up to the case in question . for there the baronies being appropriate to the abbots , as they were abbots , when by act of parliament their abbies were given to the crown , and the covent or society of regulars dissolved ; the correlative , viz. the covent being destroyed , they ceased to be abbots , and consequently their baronies which they enjoyed as abbots ( the foundation failing ) were naturally annihilated . but the bishops though they were barons of the realm , ratione fundi & officii episcopalis : yet the act which ousted them of their peerage , left them bishops as they were before the act , and it was the bishoprick that was the foundation of their temporal dignity . and there is a great difference between the taking away of an estate , which by consequence destroys a dignity that depends upon it , and an act which directly and intentionally strikes at the substance of the dignity it self , which appears by the particular instance , that the abbots were not quarreld at for their baronies , but for the dissolutenesse and enormity of their abbeys . and to his project , that if the king would please to permit the long parliament to sit ; to prevent their perpetuating themselves , ( which ( saith he ) may inslave the king and kingdom to such a yoak of bondage , as we may never be able to break off our own necks , or the necks of our posterity any more ) his majesty may summon them before their sitting , and take their personal promise and engagement to confirm the acts of this parliament , and the first thing they do within a certain time to dissolve themselves . i would willingly know what colourable ground or pretence there can be for such a proposal ? for first , they are dissolved and of no authority , as i have before manifestly proved . secondly , the security of their performance is only a promise or engagement , which are easily broken , and if it were an oath , and they should by mischance do contrary to it , 't is very probable that the author would pretend he could salve up their credits and their consciences too ; again , with his usual distinction of their natural and politick capacity . thirdly , if they should break their promise or engagement , by the authors own confession ( for he sayes , the objection is very rational ) both the king and people are enthrall'd to a perpetual bondage , and where there is so little assurance on the one side , and so much danger on the other , the prince cannot in common prudence put his own and his kingdomes safety and honour upon so great a hazard , as to depend upon the honesty of a certain number of men ; who possibly may fail his expectation , especially ( as in this case ) for their own advantages . to the postscript . he begins his postscript with a falshood ; and t is not likely that he will penetrate farre into the house that stumbles in the porch : for there are not any great nor general dissatisfactions concerning the legality of this present parliament , whose authority he endeavours to shake , because first , the lords had no writs of summons . secondly , the commons were not chosen by the kings writ . thirdly , that this parliament began not with the royal presence . to the first i answer , that the use of a summons is but to give notice to the peers of the certainty of the time and place of their convention , and to authorise their meeting , which is the substantial part of the summons . now the king at his coming into the kingdom found them all met together , and therefore the ends of a summons being ▪ already satisfied by their being met at one time and place , and this meeting being authorized by the kings personal presence , there was no need of an actual summons ; and the writ is but a legal circumstance : so that a failer herein , is but a defect in formality , and not in substance . to his second i answer likewise , they are the authors own words , page . of his book , that the calling of parliaments in this or that kings name , to consult or advise with this or that king , these are but circumstantial things , and nothing of the essentials of government and the kingdoms welfare ; which is true , if it be rightly applyed . and the substance or end of the kings writ is to authorise the country to elect , and to notifie the time and place of their meeting , which was signified by that writ whereby this parliament was called . and as to the deficiency of that writ that it ran in the name of a commonwealth , that fault is but in the point of formality . and every one knew that at that time , though the writs spoke a commonwealth , yet they meant the kings majesty . and the author cannot deny , but that all the circumstances of a free and legal election were pursued in the choyce of those honourable and worthy persons that are now sitting in this present parliament , which shews , that herein likewise there is no deficiency in substance , but only in circmstance . now the substantial part being well observed , the necessity of the then present state of affairs in england , was and is a good justification and excuse of the defects alleged only in circumstance and ceremony : necessitas legum irridet vincula ; for even the divine lawes do admit a dispensation in the particular instances of an invincible necessity , as the laws of the shew-bread , and that of the sabbaoth . and therefore much more ought it to prevail against the smaller ceremonies in question , enjoyned by the law of this nation , which is a human law . and this may be proved , first because that in the case in question it will not be reasonably supposed , that they who first laid the foundations of the policy of this nation did intend that those punctilio's in the writ of summons should be so strictly observed , that in a case of so great necessity as ours was , the non-observance of them should vitiate their acts , who are not deficient in any of the material and substantial requisites to a legal parliament . and this is the argument of grotius in his jure belli in a like case . secondly , seeing the circumstantial instances , which the author excepts against in this parliament do only regard convenience , ( for the kings pleasure is the substance of the power that is given to the lords to meet , and to the counties and boroughs to elect members to serve in parliament , and the end of the writ of summons is only for the more convenient and certain manifestation of the kings pleasure , in order to a consultation for the publique good : ) it follows that when by reason of some extraordinary evil or danger , which oppresses or threatens the kingdom , it appears to be utterly inconvenient to the weal-publique , and impossible , to use those circumstances ( as it was at the calling of this parliament ; ) that in such a special case those circumstances ought to be omitted , because herein they are useless , nay opposite to the ends to which they were ordained in their first institution . thirdly , 't is common ( as in all other laws ) so by the laws of england , to allow a special priviledge to all those cases which are ushered in by a necessity not to be resisted , as you may read at large in plowden , fogassas case , fo. . & , , . not to trouble my reader with particular cases , in a matter that will brook no denyal . now who knows not , that at the time of the calling of this parliament , there was an armed power in this kingdom inimical to the restauration of his sacred majesty , and the ancient and legal government of this nation ; and that to have summoned the peers at all , or the commons , in the kings name , might then have been the occasion of a civil warr , and have hindred all those excellent defigns which by a more calm and prudent managery have been since effected and brought to passe : and therefore it is plain , that there was a necessity of calling the parliament ; because nothing but a parliament could repair the breaches of the nation , and the parliament could be called in no other manner , then it was without the hazard of a new war , and ( victory being uncertain ) of the dissolution of government . but it may be objected , that the necessity ended with the kings coming into england , and therefore another parliament ought afterwards to have been legally called . to which i answer , that the necessity which occasioned the calling of this parliament , was not only to invite home his majesty , but to confirm and secure him in the throne , and to do such other things for the safety and peace of the nation as could be only done by them with security to the king and kingdom ; and therefore the necessity of their sitting continued : first , till they had pass'd the act of oblivion ; because it being offered of the kings free grace , who was not otherwise bound but by his royal word in his declaration from breda , which referred to such exceptions as this present parliament should make : it had been unsafe for the nation , and would have be got fears in a great number of guilty minds , which might quickly have broken out into open commotions , if this parliament had been dissolved before that act had been pass'd for their pardon and indemnity . secondly , the king and kingdom were not safe , whilst an army was on foot , that was but a reconcil'd enemy ; and had not the authority of this parliament over-awed them till , and in , their disbanding , no man is certain ( and it had been great folly to have put a matter of that import into hazard ) whether they might not have broken their faithes and allegiance , being spurred on by despair , to have attempted some great rebellion , which might have brought us into a relapse of all our miseries , before an other parliament could have been summoned and convened . they who know the history of that army , will not think such an accident impossible : and therefore this parliament was necessitated to sit till they had disbanded the army , and effected all the other businesses that were depending thereupon , or in order to that end , which are now well nigh , but yet not fully perfected . thirdly , i conceive that the kings majesty is the only and proper judge when this necessity will be at an end , wherein ( as in all other things ) there is no doubt but he will govern his counsels with such care and prudence , as will describe him not to be more desirous of the love and affection of his particular subjects , then he shall be tenderly cautious , for the establishment of the peace and happinesse of the nation in general . as to the authors third exception , that the parliament was not begun with the kings personal or representative presence , what i have already said is a full answer . but i might say further , that there is no necessity that i should yield to him , that this exception is true . for all the acts of this parliament which have the effect of laws , were made with the royal assent , since his majesty was personally present with them , and though they met sometime before , yet that doth not hinder but that it might begin to be a parliament upon his majesties first access to the two honourable houses . and in the general , i affirm that the power and faculty of determining what is a parliament , according to the laws of this nation , lies not in any subject as such , but in the kings majesty , or the parliament , or both together , or in the judges of the land . but the king and parliament have by their act , entituled , an act for removing and preventing all questions and disputes concerning the assembling and sitting of this present parliament , with particular mention of all the authors three exceptions , determined the question against the authors rash and inconsiderate opinion . and the judges of the land do every day impliedly adjudge the same thing , by allowing the benefit of the act of oblivion to all those that are within the words or meaning of the said act. so that the author ought not to have interposed his little opinion , seeing it is a certain truth , that the judgment of the judges of the general courts of record is the law of the land , till it be altered by something else , of as high or a higher nature and quality . again , the principal defects which are alledged in the assembling of this parliament , are the want or defect in the writs of summons , which is only a legal signification of the kings command or authority for their election and convening ; and this is supply'd by the kings confirmation afterwards , in the aforesaid act. it being a rule in law , that omn-is rati habitio mandato aequiperatur , a confirmation afterwards is looked upon in law as the same thing with a command in the beginning . there is no need to cite any cases to prove this , whereof there is no scarcity of instances , if i asserted a long discourse . not to insist upon his unmannerlinesse with the present honourable houses , i shall only wonder at his boldnesse and folly , who might have been fore warned by that passage in the d instit. chap. parliament , which he so much inculcates , viz. arthur hall , a member of the house of commons , for publishing and discovering the conferences of the house , and writing a book to the dishonour of the house , was adjudged by the house of commons to be committed to the tower for . months , fined at five hundred marks , and expelled the house . yet i know the authors case is somewhat differing , he being ( t is said ) no member of the house of commons . but to conclude , 't is a strange thing that there should be some who cannot be contented either with rain or sun-shine , neque morbos nostros nec remedia nostra ferre possumus , was an old complaint , but much more applicable to the dregs of time , wherein we are fallen . we were before tormented with the anguish of our wounds , and now we quarrel with our plasters ; and like the great city mentioned by aristotle , because we cannot finde , wee make the causes of our own distempers . but the body politick hath had already too much of blood-letting , & there is no man but hath found a miserable experience too of the phlebotomy of purses . why then being poor , should we by our folly seek to banish from our selves the only good companion of poverty , quietness ? there was never any government so perfect but it had some naevi in the constitution , and some errors and miscarriages in the practice . he must take order to go to heaven , that will not brook defects on earth . and therefore we ought not critically too ensure the actions of our superiors , because we know not all the circumstances that encouraged and gave occasion for their counsels , and if we did we must make abatement of some grains to humane frailty , and the short-sightednesse of our knowledge , and the multitude of accidents which can neither be foreseen , nor prevented . such are the judgements of the wise and moderate . but detractors are the authors of their own blindnesse , and are like flyes which refuse the sound parts of the body , but suck and aggravate the unsound and the raw . they have pharisaicall consciences , and make that which they account vertue in themselves , to be a crime unpardonable in all the world besides , nil mihi vis & vis cuncta licere tibi ; there is no need to apply it . i shall only adde one lesson that the late wars have taught me , to resist the prince ( besides the sting of conscience ) can tend to no good end in policy . for every unlawfull change is destructive or hurtfull to the first instruments of that change : ( the most of those men that were the first movers in the late wars , or their executors , will make affidavit of the truth hereof . ) and if the prince prevails ( which is most likely ) the rebels are undone in their lives , relations , estates . if the rebellious prevail , the stirring spirits among them will rule and tyrannize over the rest , till by supplanting one another they make way for the princes restitution : so that after all the calamity , losse and danger of a warre , and the subjection to the tyrannical government of their equals , the greatest and best end of all is this only ; to be as they were ; and like the dove of noah , after a tyresom and dangerous journey in the air , to return into the ark again for rest and safety . i hope the nation will not any longer be deluded by impostors , who make religion and the liberty of the subject the stalking horses to their own privat designs ; but that if they must needs contend , they will rather strive who shall be most forward to be an instrument for the advancement of religion , and the settlement of this hitherto distracted nation upon the pillars of justice and a lasting peace . eritis insuperabiles , si fueritis inseperabiles . finis . notes, typically marginal, from the original text notes for div a e- p. . p. . perfect narrative ▪ d instit. , & . cor l. . f. . p. . first argument second argumen : d instit. p : . instit. , . instit. . hobard . instit. . libr. citato . ro parl. e. . num . . instit. . ibid. in margine . arg. . hob. . d instit. . co. l. . f. . co. li . . f. . co. l. . f. . plowd , . mr. pryns true and perfect narrative , p. . argum . d instir . . . plowden . d instit . d instit. . l. , c. . ● . fortesc . cap. . p. . seldens titles of honor p. , . grotius de jure belsi l. . c. . sect. . p. , . p. . p. . kings c. . matth. . . ● . . c. . sect. . d instit. . conclusion . seneca . politio● . martial . machiav . in princ. by the king, a proclamation for removing the receipt of his majesties exchequer from non-such to westminster england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for removing the receipt of his majesties exchequer from non-such to westminster england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by leonard lichfield for john bill, and christopher barker ..., oxford : [i.e. ] "given at our court at oxford the th day of january in the seventeenth year of his majesties reign." reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- exchequer. finance -- england. proclamations -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation , for removing the receipt of his majesties exchequer from non-such to westminster . charles rex , the king 's most excellent majesty upon weighty considerations hath thought fit , to remove the receipt of his exchequer , together with the tally-office , and all things thereunto belonging from his honour of non-such , where the same is now kept , to the city of westminster ; and doth therefore by this his proclamation publish , that the same shall be there opened on the twentieth day of this instant month of january , to the end that all persons , whom the same may concern , may take notice to repair thither upon all occasions , concerning the bringing in , or issuing out of his majesties treasure , at the receipt of his exchequer . willing and requiring all sheriffs , bayliffs , collectors , and all other officers , accomptants , and persons whatsoever , who are to pay in any moneys into the said receipt of his majesties exchequer , or otherwise to attend the same , to keep their days and times at westminster aforesaid , and there to doe , pay and perform in all things , as they should or ought to have done , if the said receipt had not been removed , but there continued . given at our court at oxford the th day of january in the seventeenth year of his majesties reign . god save the king . oxford : printed by leonard lichfeild printer to the university , for john bill , and christopher barker , printers to his majesty , anno dom. . an ordinance of the lords and commons assembled in parliament, for compositions for wardships in the court of wards and liveries, and for signing of bills, and passing of them under the great seal england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament, for compositions for wardships in the court of wards and liveries, and for signing of bills, and passing of them under the great seal england and wales. broadside. s.n., [london? : ] at head of title: die sabbathi, i. novembr. . signed: io: brown, cleric. parliamentorum, h: elsynge, cler. parl. d. com. reproduction of the original in the bodleian library. eng england and wales. -- court of wards and liveries. great britain -- politics and government -- - . a r (wing e ). civilwar no an ordinance of the lords and commons assembled in parliament, for compositions for wardships in the court of wards and liveries, and for si england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , . novembr . . an ordinance of the lords and commons assembled in parliament , for compositions for vvardships in the court of vvards and liveries , and for signing of bills , and passing of them under the great seal . vvhereas divers compositions have been heretofore made by sundry persons , with the master and councell of his majesties court of wards and liveries at westminster , for the wardships of the bodies of divers of his majesties wards , upon some of which compositions , considerable sums of money have been already paid , and others are to be paid ; but in regard the grants of the said wardships are to passe under the great seal , by bill signed by his majesty , which in these times of distraction cannot be obtained ; by means whereof , the said persons who have already so compounded and paid their said moneys , are without the fruit of their said compositions , and also aswell those which have compounded and have not yet paid , as others which are prepared to compound for severall wardships , are for the reasons aforesaid , discouraged to make their severall compositions and payments with the said master and councell : the lords and commons assembled in parliament , do therefore hereby ordain and declare , that all and every such bill or bills as hereafter shall be signed by the master and clerk of the said court of wards and liveries for the time being , notwithstanding their not being signed by his majesty , shall be passed under the great seal in form usuall . and the commissioners of the said great seal for the time being , are hereby required and authorised to passe letters patents in form usuall from time to time under the said great seal unto the severall committees , or grantees of the mariages of the said respective wards , according to the tenour and effect of the said bills so signed as aforesaid : and this ordinance shall be their sufficient warrant in that behalf ; which letters patents so passed , shall be effectuall in law , according to the tenour thereof , the not signing thereof by his majesty notwithstanding . and it is also ordained by the lords and commons aforesaid , that the master and councell of the said court , shall proceed in all things belonging to the iurisdiction of that court according to law . io: brown , cleric . parliamentorum . h : elsynge , cler. parl. d. com. the army brought to the barre, legally examined, arraigned, convicted and adjudged that they are not the self-denying army, nor the restorers of our laws, liberties and priviledges, but obstructors to the happinesse of the king and people. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the army brought to the barre, legally examined, arraigned, convicted and adjudged that they are not the self-denying army, nor the restorers of our laws, liberties and priviledges, but obstructors to the happinesse of the king and people. andrew all truth. [ ], p. s.n.], [london : . on the political struggle between parliament and the army. signed: andrew, all truth. place of publication from wing. reproduction of original in thomason collection, british library. eng england and wales. -- army. england and wales. -- parliament. great britain -- history -- civil war, - . a r (wing a ). civilwar no the army brought to the barre, legally examined, arraigned, convicted and adjudged. that they are not the self-denying army, nor the restore andrew all truth c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the army brought to the barre , legally examined , arraigned , convicted and adjudged . that they are not the self-denying army , nor the restorers of our laws , liberties , and priviledges , but obstructors to the happinesse of the king and people . james . , . who is a wise man , and endued with knowledge amongst you ? let him shew out of a good conversation his works with meeknesse of wisdome . but if yee have bitter envying and strife in your hearts , glory not , and lie not against the truth . printed in the yeare , . the army brought to the bar. it hath been for these six years space and more , the complaints of divers of the inhabitants of this kingdom , concerning the slavish servitude they endured under the king and his cavaliers ; and there be others who complain of the servile bondage they groaned under by the parliament and their committees , but now 't is justly to be feared , that there is a yoke of servitude far worse then the two former , preparing to be put upon the necks of all englishmen , by an over-ruling independent army , who have assumed so much boldnesse and audacity ( having the power in their own hands ) to controule the parliament , city , and whole kingdome , meerely to drive on their own interests and designes . and our servitude is like to be very miserable , if three things be considered . the condition and nature of the servitude : 't is a martiall servitude , the worst of all : what will not the sword in the hands of such an ignorant multitude doe ? our estates , lives , fortunes , liberties , and religion , will prostrate themselves at the glittering of a naked sword , all shall be within the reach of a swords point , to be disposed of according to their pleasures and commands . the qualifications wherewith the persons are endowed who must rule us : namely the armies agitators , men of transcending knowledge and judgement , especially one of them , of whom ( by one that knows him ) i am credibly informed , can neither write nor reade . if we were to be governed by men found in judgement , and experienced in the laws of the land , we might expect a milder servitude , but from them wee must expect according to education , for as their breeding is , so is their disposition , we cannot expect a gentle usage from men of rude education , but if these and such as they be men rightly qualified to give rules and laws to a parliament and kingdom , then i leave it all indifferent men to judge , then this proverb shall be verified , sus mivervam docet : ideots shall teach the learned , and men scarce fit to be subject , shall become our rulers : but yet let the agitators and the rest of the counsellors , remember this , that malum concilium consultori pessimum . the third thing which will cause our servitude to be very miserable if it happens , ( which i pray god i may never live to see ) will be the strangenesse and unwontednesse of it : wee were before happily governed by our king ( charles our dread lord and sacred sovereign , ( whose dayes god prolong , ) but now we shall be miserably governed by many tyrants , who would fain be rulers and magistrates , yet can scarce tell how to be men . we were before governed and ruled by monarchy , we shal now be governed by democracy , how wil our english necks be accustomed to such unwonted and uneasie yoaks , surely we must needs kick and winch , which if we doe , let them set fast ( being good-horse-men because souldiers ) lest they be cast out of the saddle to the ground . quest . but some may say ( and i doe verily believe many meerly upon that ground cleave to them ) that they have been the only instruments under god , of our preservation and safety , and therefore their proceedings now may be warrantable . answ. 't is true , they have done very nobly ( through god ) in what they undertook , yet one good act committed cannot be a veil to hide all other offences : shall a villain be pardoned for murther , because hee hath done some worthy deeds before , god forbid ? shall a man for some brave exploit before performed be so far exempted as to escape punishment , if hee be guilty of a crime , no : the more noble and brave their former proceedings were ; makes their present undertakings seem more horrible , for nullius viri species vehementiùs accessit , quàm quae ab initio habuit dulcedinem : no wine becomes more sowre then that which was at first the sweetest : so they , so long as they obeyed , and honoured the commands of the parliament , they were most notably victorious and successfull in all their enterprizes , and none did better , but now having revolted , and become like sweet wine turn'd to vineger , & doing things , neither warrantable by law nor reason , in this none did worse . quest . but again , some may say , there is no feare of any oppression , or servitude , when as all their declarations , proclamations ; and letters do signifie that they entend , nay , protest they will endeavour to preserve the prerogative and honour of the king , to uphold the priviledge of parliament , to mayntain the liberty of the subject , to establish a true and sound religion , and to settle a firme and lasting peace in this kingdome , and therefore before all these be established , 't is not necessary they should disband . answ. 't is true , it cannot be denied , that all their declarations , remonstrances do signifie , they do really intend , or at least pretend all these , and first they will endeavour to preserve the honour and prerogative of the king , and to settle him in peace and happinesse in this throne , which they will very hardly do , for the very tenents , and principles of an independant run crosse , and quite blank against king and monarchy . now if such as go quite contrary to me , may be said to go along with mee , and if hee be accounted my advancer , who endeavours to pull me down , then will i believe that an independant will preserve a king , but againe , if example may strengthen beliefe in this particular , then this of major scot by name , ( an independant by religion , a villain by his actions ) is most remarkable , who ( if fame hath not forgot to tell truth ) being asked by colonel brown , whether he were come to kisse his majesties hand , made answer , hee had rather follow him to the gallows ; o monstrum horrendum , informe , ingens , cui lumen ademptum : now , if this mans opinion being an independant may go for the rest , ( man did i call him , more fit to be termed a devill ) i say if the rest agree with him in opinion , being of one and the same religion , then 't is plainly seen which way their hearts , and resolutions tend , although their declarations ( to delude the world ) seem and pretend to go quite contrary ; this is that sect , who being employed as a factor by the clothiers of barfould in suffolke , runs away at one time with the value of pounds worth of cloth ( as i am credibly informed . ) i omit to recount many more ( as that daring affront offered by cornet joyce ) in removing his majesty from holdenby , contrary to the pleasure of both houses , and his own royall assent . i omit that of crumwel , who ( when his majesty refused to signe a paper given him , by him ) answered his majesty , that he had as good he had : yet in passing by these , and many more his royall majesty hath shewed an incredible patience , yet though the lion sleeps , he is not dead , but keeps a catalogue of all in his sacred brest , and will repay all with much use upon the backs of some , although hee be now their prisoner , if such as these preserve the prerogative of the king , then say men goe upon their heads , when they goe upon their feet , and you may as well , — their declarations professe to uphold the priviledges of the parliament , but i beseech you tell me who are lesse upholders , nay , who are greater dissolvers of the parliament , and confounders of the priviledges thereof , then themselves ? which is manifestly evident by severall particulars . first , what was the impeaching the eleven members upon a meere bare pretence of some great thing laid to their charge , when nothing could be proved against them , no , 't was meerly their policy ( under a pretence of frivolous slanders and reproaches ) to draw them out of the house , and to rob them of their birthright given them by their countrey ) whereby ( by their absence ) their own party might be the more prevalent to carry on their own designes , and upon this bare pretence they must be forthwith suspended the house , although by the said house they were fully cleered , yet for modesty sake ( a thing very commendable in them ) they upon their own desire ( and to satisfie the humour of the army ) absented themselves from setting in the house , and yet for all this some of them are threatned , some ●ought for , and some scandalous hue and cries sent after in a reproachfull way , some taken , and others searched , as sir william waller , who had leave ( with the rest ) and passes from the speaker , to goe beyond sea , or any other place whether they please . now i would fain know by what authority they doe these things , they could not have their authority from the parliament ( they having the speakers passe to goe at their pleasure , ) 't is well known they had their authority from themselves , and the root and ground of all this malice , and calumny , and envy against them , is because they were not friends to their proceedings as they desired , and yet their charge is not yet brought in ( because they pretend first to settle the more important affairs of the kingdome , which if it be not brought in before the kingdom is setled by them , the eleven members shall never need to be afraid of their tryall , and again , was it not an incroaching upon the priviledges of parliament , to set them a certain day , nay , a prefixt houre of the day , by which time they should send them an answer to their demands ( though unreasonable ) or else they would do so and so , march with their army towards london , what was the result of the agitators of the army , when they voted all them to be suspended the house , and to sit there no more , or to sit at their perill : who sate in parl. when the speaker & the rest fled to them ? was not this a great diminution to the priviledges of parl. but pray why are those that set then thus censured , because they did not ( contrary to their consciences ) desert the house , and their trust , and come to them , i pray assure mee you that know the laws of this land ( of which i confesse my self to be wholy ignorant ) who have been the faithfullest patriots , those that sat , or those that deserted the house , i know you will say those that sat , and mayntained their trust against all opposition whatsoever ; however if it be their fortune ( i cannot say ill fortune ) to be driven frō the house ( though contrary to their priviledges ) by the power of the army , yet they will have many companions , and foelice est miseris socios habuisse doloris , yet if it so come to passe , yet confident i am , that the time will come againe , when they shall set to do their countrey service , and shall enjoy ( in spight of such an over-ruling army ) all their former priviledges and honour , and shall at last be accounted the best lovers of peace , and their countrey . i admire what bloud ran then in our nobles veins , when they so deserted the parliament , was all the royall bloud which was wont to run in our english nobles veins then lost , by my consent , if they commit the like act again , they shall forfeit both their honour and dignity , if such as these ( i mean not the lords ) be the upholders of parliaments , they are like to have good housholders , and if such acts as these be upholding , the priviledges of parliament , i say no more but , ô tempora ! ô mores ! their declarations ( i confesse ) demonstrate how that they will endeavour to mayntain the liberty of the subject , which is a thing they as little intend as the former , else what meanes their oppressing the countries by their daily needlesse quarters ( though it be not denyed , they carry themselves very orderly where they come , 't is true and 't is policy so to do , for thereby they make their actions more plausible , and their ruling longer-liv'd then it would of it self be , for if they should carry themselves any way unbeseeming , all would vie with one hand and arme to subdue them ; the fetching home of the king , and setling him in his throne ( which i know they never intended ) they declare to the world to increase their number ( many following the king as a loadstone ) and to colour and varnish their unjust and unheard of proceedings , they are politicians and will prove the better statesmen : and they have already a little learned to dissemble , because they would verifie that ancient proverbe , nescit imperare , qui nescit dissimulare , witnesse else cromwel ( who being a member of the honourable house of commons ) ( which place by his fore-mentioned unheard of authority , hath long since unjustly forfeited ) i say cromwel in the house declared that if the houses would but send the very shadow of their commands to them for to lay down their armes , they would readily obey , and lay them down at the house of commons doore , and ●ow they have verified this saying upon the houses command for their disbanding , sent to bury , and severall commands sent them since . let the world judge &c. and againe , if they maintain the liberty of the subject , what do they meane when they force the house ( contrary to the dictates of their owne consciences ) to recall and revoke their votes , passed in a free , and full house ; and all this because it doth not please the pallat of the sweete tooth'd army , ( as i may justly tearm it ) these be them that in all their propositions , and remonstrances , speak for a free parliament , and yet none so much doth force the parliament as themselves . but we may see light through the least crevice . i would fain know what confidence , and trust , the subjects of england can repose upon any vote the houses passes concerning them , when as their votes are beat back again ( as i may say ▪ ) by the sword into their own mouthes , or if they come forth , they are not obeyed by a lawlesse , and over-ruling multitude : what fruits , and enjoyements , can the subject have of this parliament , when as their votes are made voyd , and nulled ( though contrary to humaue reason , and their own priviledges ) yet by the threatning power of an independent army . and by this their actions , they not only hinder the free course of the parliament , but they cause the people to loath parliaments as long as this generation lasteth , and if the parliament shall vote what they desire our of feare , or condicend what they propound out of love ; what english man will ever again honour a parliament ? furthermore , i desire to know what security , and hopes these subjects can have who are lenders of the publique faith , for their mony so lent , when as their greatest securities , the excise , and bishops lands , and many other lies under the command of the sword of a revolting army . i wonder what liberty the citizens can expect , when sir thomas is the merchants cash-keeper , and the tradsmens shopkeeper . ( pray god he gives a good accompt ) he commands all , the tower key is the picklock key , whereby hee may enter every mans house at his pleasure . i wonder what priviledge the apprentices will reap by their freedomes , when as every tag , rag , shagd souldier will be free of any trade in the city , by the armies copy-hold . is the liberty of the subject , and the freedome of the city like thus to bee maintained ? iudge all reasonable men , to reason it is impossible , that that which is deliberately enacted by the parliament can be of force , when it is repealed again by violence . their declarations , &c. presents to the view of the world another false glasse , which is , that they will to their utmost endeavours procure to settle a firme , and lasting peace in this kingdome . i believe they they will use their utmost endeavours , and doe ( but what to doe ? ) to procure all into their own clurches , not to settle peace and vnity : which if they do , let their military preparations speak , their daily listings of men , there fetching armes and ammunition from the tower of london , the taking of tilbury blockhouses in essex , and their possessing themselves of many strong holds in this kingdome , the placing colonell liburne governour of newcastle , and yet for all that , the city , nor kingdome must not raise a man for their own defence , for fear of involving this kingdome in a second war . what means such acts as these ? bee such preparations for warre as these , settlers of a happy peace in england ? o reason , speak the truth ! fooles do you determine ? can he which comes thrusting with a naked sword at my breast , be tearmed the saver of my life ? reason saies no , and the same reason tels me , that their present proceedings truly considered , shall not ( neither ever can ) settle peace in the land . but if they intend to settle peace , for what purpose do they surround and incompasse london , ( londoners looke about you ) and their having the commands of some forts thereof , is it to confirme peace ? beleive it , they that strive to settle peace by the sword , distract it ; however if all these be the mother of peace , i feare the child will be still-born , or if it see the light , it will not live long , but will dye before the mother rises up , or to speak plaine , before the armies layes down . but if it prove contrary to expectation , and reason ) that these their actions produce peace , it is a way newly found out , which our statesmen never knew : but they are politians , and policy is but a circumstantiall dissembling , pretending one thing , intending another ; 't is like to prove such a policy ; i feare their hearts doe turne tounges , to give their tongues the lye in this particular . . lastly , their declarations professe that they will be establishers of true religion in its purity . if they be the guardions and establishers of our religion , actum est de nostra religione , you may shake hands with true religion ; if they settle true religion , it will bee the cleane contrary way , and under pretence of allowance to tender consciences , which they desire ) all schismes , sects , and dangerous . opinions will ( rush in ; that gap is so wide that many other opinions destructive to the common-waalth will rush in unavoydably . though i confesse in things meerly indifferent , and no wayes prejudiciall to the common-wealth , a respect is necessary to bee had to tender consciences , but in things of great concernment ( the word of god not sincerely construed ) is to beare more sway then a tender conscience , for if a religion or any thing else seises a mans genius , he wil flye to the altar of a tender conscience , though he hath not a tender conscience , or rather none at all , i say he will make conscience the shelter , and refuge for his villanies , but in any thing which the word of god distinctly commands , and reason , and experience , and examples confirmes , in my opinion wee must not controle , nor disobey it , under pretence , or coulor of a tender conscience . i pray god such ranging souldiers ( used hereunto ) doe not open this gap to let in all manner of fower footed beasts , and two legged monsters as themselves to graze in the flourishing field of our true religion . but if such actors , and acts such these be the preservers of the prerogative of the king , the upholders of the priviledges of parliament , the maintainers of the liberty of the subject , the setlers of a lasting peace , the establishers of true religion , i shall desire to use but one clause of the letany before it bids adieu to us , and gives it vltimum vale to the world . which is , from such preservers , vpholders , maintainers , setlers , and establishers , good lord deliver us . but rule they will , for in reference to some petitions presented to them , they say , this , and this is the sense of the army , whereby they make their sense the supreame law of the land . and the unreasonablenesse of their proceedings is seene in two things . . in this , the tumult of the apprentices on the . of iuly , forcing the parliament to unvote , what they had formerly voted , and disturbing and affronting the members of both houses ( which truly i do not allow ) must be by them tearmed a breach of the parliaments priviledges , and the contrivers and abbettors thereof must bee proceeded against according to law , and justice , and themselves ( though gu 〈…〉 y of the same crime ) are scot free , and escape unpunished , and escape unpunished , not because they have not merited any , but because the sword sayes nay , they shall not suffer . now take a review of both their acts , the apprentices came ( 't is true ) in their persons , and compelled the members of parliament to revoake what had been before voted upon the desire of the army . but vollitur causa desinet effectus , there is never no effect without a cause ; if the army had not first ( by their unjust desires ) compelled the parliament by their votes to alter the old militia , the apprentices had never came in such a tumultuous manner to force them ( in the same kind ) to revoake that which before upon the armies unheard of demands had been passed ; so that if the army had not first piped , and led the way , the apprentices would never have danced after them , for they fearce knew the way to westminster , so that the army was the only cause of that mutiny . . the army they ( 't is confessed ) came not in their own persons , but they sent their power , and command ( as their subordinate deputy ) to them , and forced them to revoke , and call in their declaration wherein they were proclaimed traytors ( yet they will be traytors upon record ) or if they did not , they would do so , and so , thus , and thus , and march with their whole army up to london , as if they would compell them by their presence . now the state of the cause stands thus , whether a deputy sent from a ruler , or an embassador sent from a prince , be not as effectuall , and of as much force as the prince , or ruler in person , if so , then the army are as deep in that crime ( nay deeper ) then the apprentices , seeing they can command as much by their deputyes , as others can do by appearing in person ; however it stands with reason , that what is not allowable in the one , cannot bee expedient in the other , and yet the army is not proceeded against , but quod defertur , non offertur . quest . but some may say that of the apprentices was the more unwarrantable in regard they forced the speaker , and some of the other members to flye from the house . 't is true , the substance doth worke more upon mans nature then the shadow , yet being the shadow is the image of the substance , and the deputy represents the image of his lord and master , the army is as equall guilty of the said crime as the other , yet neither are warrantable neither by law , nor reason , nor can ever such clashings strike good fire to the common-wealth : but how can the speaker warrant that his absence , you say he was forced and affrighted , and was not they that stayed behind forced and affrighted as well as he and the rest , if so , how then comes it to passe that they deserted not the house as well as the other , yet for their faithfullnesse in cleaving close to their truth , they must be subject to the votes of acompany of illeterate agitators , and a councell of war , and to desert the house according to their pleasure : if this be just , and to uphold , nay if it be not to break the free priviledges of a parliament , let themselves be their own judges . againe doth it become the speaker and the rest , being placed as magistrates in such authority , to desert the house upon a pretence of feare , and leave the kingdome in the lowest ebbe , and in the greatest storme , like a ship in a tempest ready to sink , no , 't was not feare , i believe it was a thing called a guilty conscience which made them flye . . there unreasonable proceedings are manifest in the manner of the impeaching the honourable members , they did not ( as those which censure aright alwayes do ) examin two things before they censure : first whether the parties censured have done good or ill : secondly whether they themselves could have done better . but they never have these considerations , but being turned by the wheele of their own in terests , never regard how mens good names are as white balls , which will infinitely get soyle by tossing : but their censures against these worthy impeached members , are like the butts of rams-hornes against the walls of iericho , they lay levell all their worthy deeds at once . but for all this , the saying of a worthy writer may be fitly applyed here . 〈…〉 mutatis , mutandis , ille crucem pretium sceleris tulit , hic diadema , it may be verified of them &c. now a word to london : ô london , sero sapium phryges , the phrygies were wise too late ; and so were you , t is too late ( they being in ) to keep sir thomas and his followers out , 't is too late ( when the horse is stollen ) to shut the stable doore , yet i dare say , and i verily believe , had the city but shewne there teeth at them , they durst not have approached ; and i believe there were steeled swords in the city , which would have pierced crumwells skin , in spight of his iron sides , and there were sturdy mastives in the city , which would have baited that bull into the isle of ely , from whence he came , and truly it would be a greater honour to him to turne brewer againe in that island , and for colonell pride to assume his profession of a brewers clarke againe in london , then in being such evill instruments of the common-wealth in the places they are for , praest●t in●p 〈…〉 esse ; quàm impium . i would speake one word ( if without offence ) to the revolted citizens within the city , and there erevolting neighbours , s 〈…〉 and i would aske them one question , what was there intention in lying dormant to let the army thus subdue the city ? i wonder what mercy either would have found , if the army had come in in fury ? they would all have been in the same shocke of calamity ; and misery ; friends , and foes are both a like in the eyes of such a multitude , what honour have you atchieved by selling and betraying the city ( as iudas did our saviour ? ) and although you have not iudas his first wages mony , yet you may have his last wages , and reward , ( hanging ) and truly it were a thing fit in my opinion , that all those that were in this crime of revolting , shovld have revolter written in all there foreheads , to there utter infamy to all ages , and posterity● . quest . but some say , 't is better it is thus ended , and that they stood it not out against the army , a great deale of precious bloud is saved thereby ? answ. to that i answer , some bloud ( i confesse ) must have beene spilt , how ever , 't were better a little were lost , then all your liberties lost , come citizens , libertas dici inaestim abilis , you applyed a certaine remedy to a suspected disease , you feared shedding of some bloud , which was but suspected , and did not feare the losing of your liberties , which is certaine ; if the city had stood out in a generall defence , much bloud could not have been spent , for plus virtus unita valet , vis nihill vinci si meus null fides null sit , null manus . and if the city had but done so , terme time , that army would not have hurt it , but they might have enjoyed their ancient freedoms , and liberties , which now they must bid adieu unto . a word to sir thomas and the army under his command , gentlemen souldiers , and agitators ; you shall scarce be warme in your honour by these proceedings ; theeves of honour seldome find joy , in there purchases , ( stability never ) you seeke honour ( like absolon ) by indirect meanes , but you may ( like him ) be pulled down with a vengeance , you aspire to preferment by wrong meanes , being like them that ascend a paire of staires on horse-back , it is tenne to one but your beasts will cast you before you reach the top of preferment ; though caesar had not his equall , nor pompey his superiour , yet fairefax may meete with both , and although yet no rubs crosse him in his undertakings , but all things smile upon him with an auspicious reverence , yet before hee attaines the throne , many lets must encounter him . there is a king , who when ( like the sun ) hee shall arise againe in our horison , will by his glorious beames chase away these numerous flies : i say there is a king , a cavalier , a byshop , a presbyterian , a round-head , and a true englishman , all antipodes to independants ; therefore fairefax hold thy hand , the beginning of thy reigne shall not come in our almanacks this yeare ; agitators leave plotting , and counselling , it is better to desist betimes , then to be forced to it nolens , volens , a sword of gold will command an englishman , more than a sword of steele ; fairefax take warning , beware , and look behind to what hath beene done , you signe all that is presented to you from your agitators , and your councell of warre ; your hand is upon record for all , your back must heare all , it will sinke you if you be not strong back'd ; you must answer and appeare for all , when crumwell and the rest of your councellours will pull there necks out of the collar , though as guilty as you they will set you in the front of the battle to beare the brunt , when they thems●lves will fall back to the reare and be secure , o beware , bewise , praestat sero , quum nunquam . a word to all true noble englishmen , be patient you who have bin grinded by the king , you that have been oppressed by the parliament , and now been slaves to this over-ruling revolting army , or oppressed by any subordinate power , derived from any of these three waits , and be patient all you that have lost your goods and estates ; flebile principium melior fortunae sequata est , there will come a time when all shall enjoy there own , when king charles is setled agai in his throwne and injoyes his own , which shall be my daily prayers , and that this kingdome may flourish againe with all the freedomes , liberties and happinesse it formerly enjoyed , which god of his infinite mercy grant , amen . now souldiers ( gentlemen souldiers ) i would tearme you if your proceedings were answerable ; if you wynch , 't is to be feared you are galled , and if i have any way incensed you , you must not stirre ; you are bound to the peace , your hands are tyde behinde you in two regards . first , you goe under the notion of saints , and saints are not envious nor vindictive , you allow liberty of conscience to doe and speake , therefore you cannot exempt me , and in this regard , though i thought not to have revealed my name ; yet because you shall see i do not feare , my name is , andrew , all truth . courteous reader ; if in any thing in the foregoing discourse thou hast reaped any profit , i shall think my selfe fully satisfied for my paines : there is nothing in it , but what is as cleare as the sun . and as my conscience commanded me , so have i obeyed and publisht it , though contrary to my desire . if any thing therein displease thee , thy pardon i humbly crave , and rest thine finis . sir walter rawleighs judicious and select essayes and observations upon the first invention of shipping, invasive war, the navy royal and sea-service : with his apologie for his voyage to guiana. selections. raleigh, walter, sir, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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proquest page images - tcp staff (michigan) sampled and proofread - spi global rekeyed and resubmitted - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion sir walter rawleighs judicious and select essayes and observations upon the first invention of shipping . invasive war. the navy royal and sea-service . with his apologie for his voyage to guiana . virtus recludens immeritis mori caelum , negatâ tentat iter viâ . hor. london , printed for a. m. and are to be sold by robert boulter at the turks-head in bishops-gate street , near the great james . . to the reader . it is apparent that nothing do's more eternize men upon earth , then their writings . the statues of the romane emperours time has moulderd to ashes , quandoquidem data sunt ipsis quoque fata sepulchris ; and tombes themselves the fates obey . but caesars commentaries , the dictates of marcus aurelius , the workes and glories of those men and ages we see perpetuated to all posterity . it is truly said , that bookes shew in a little time what experience teacheth not but with the expence of many yeares ; and how miserable had we been , had not the industrious pens of severall authors ( famous in their times ) buoyd up and left us traces to follow them in the paths of vertue . in every generation there wanted not some , the flame of whose torch is yet unextinguished : and i may with modesty appeale , whether the century of yeares in which this worthy author lived , may not equall ( i would have said transcended ) some ages that wanted such a person to transmit it to posterity as renowned raleigh was . it cannot be accounted either arrogancy or ostentation in augustus caesar who dying , desired of his friends that stood about his bed , that when he expired they would give him a plaudite , as if he were conscient to himselfe he had plaid his part well upon the stage . nor will it offend any i am sure to say , that this most worthy heroe truly deserved the plaudites and encomiums of the amphitheaters of the whole universe . t was well observed by him that writ the lives of so many noble greekes and romans , they are wise that in tragicall events doe carry an invincible heart , reasonably obeying necessity and a more high providence then that of man. and aswell by another , the greatnesse of the mind never sheweth it self more cleerly then amongst the wounds of fortune . how fitly appropriate these sayings are to him , let them judge that knew his actions . but i come not here to give a character of our author ; that were but to hold a candle in the sun , or by drawing shadows to hinder the cleare beauty of the picture . reader , thou hast enough of him in his history of the world , which speaks him to fame ; only thou mayst herein truly lament , that fortune was so bitter to him and us to deprive us of that happinesse in snatching him hence before his perfecting that glorious worke : however it may prompt thee to value at a higher rate this his posthume production . now it is not unlikely , that custome expects something should be said in commendation of these following discourses , that would wrong rather then adde to their worth : no , raleighs very name is proclamation enough for the stationers advantage who , prays thee to believe this to be ( what the worke it selfe will assure thee ) the legitimate issue of so excellent a father . but to keepe thee longer from the thing it self , were by deteyning thee in the porch to envy thee the delight of the fabrick . a discourse of the invention of ships , anchors , compasse , &c. the first naturall warre , the severall , use , defects , and supplies of shipping , the strength , and defects of the sea forces of england , france , spaine , and venice , together with the five manifest causes of the suddaine appearing of the hollanders , written by sir walter rawleigh . that the ark of noah , was the first ship , because the invention of god himself , although some men have believed , yet it is certaine , that the world , being planted before the flood , the same could not be performed without some transporting vessels ; it is true , & the successe proves it , that there was not any so capacious nor so strong to defend it self against so violent , and so continued a powring down of raine , as the arke noah , the invention of god himself , or of what fashion or fabrick soever , the rest withall mankind perished , according to the ordnance of god. and probable it is that the anchors , whereof ovid made mention of , found on high mountains : et inventa est in montibus anchora summis ; were remaining of ships wrackt at the generall flood . after the flood , it is said , that minos , who lived two discents before the war of troy , set out ships to free the grecians seas of pyrats , which shews , that there had beene either trade , or warre , upon the waters before his time also . the expedition of the argauants was after minos , and so was the plantation of tyrene in africa , by battus , who was one of iasons companions , and that the tyrians had trade by sea , before the warre of troy , homer tells us . others give the first dominion upon the waters to neptune , who , for the great exploits he did in the service of saburne , was , by after ages , called the god of the seas . but the corinthians ascribe the invention of rowing vessells , to a citizen of their owne called amaenocles , and that the first navall warre , was made betweene the samiens and corcyriens . ithicus history changed into latine by st. hierome , affirmes that griphon the scythian , was the inventor of long boats , or gallies , in the northerne seas ; and strabo gives the advise of the anchor , with two hookes to the scythian anacharsis , but the greeks to eupolemus . it is also said , that icarus invented the saile , and others other pieces , and parts of the ships and boats , whereof the certaine knowledge is of no great moment , this is certaine , that the sons , and nephews of noah , who peopled the isles of the gentiles , and gave their owne names to many of them , had vessells to transport themselves , long before the daies of minos ; and for my own opinion , i doe not thinke that any one nation ( the syrian excepted ) to whom the knowledge of the arke came , as the story of the creation did , soone after moses , did find out at once , the device either of ship or boate , in which they durst venture themselves upon the seas : but being forced by necessity to passe over rivers , or lakes , they first bound together certaine reeds or canes , by which they transported themselves : calamorum falces ( saith d : siculus ) admodum ingentes inter se conjungunt . others made raffes of wood , and other devised the boate of one tree called the canoa , which the gaules upon the river of roan , used in assisting the transportation of hannibals army in his enterprise of italie : primum galli inchoantes cavabant arbores ( saith livie ) but polydor virgil , gives the invention of those canoas , to the germains inhabiting about the river of danubius , which kind of hollow trees , isidor calls carabes . the brittains had boats made of willow twigs and covered on the out side with bullock hydes , and so had the venetians ; of which lucan primum cana salix , &c. malefacto , &c. and iulius solinus navigant autem vimineis alveis quos circundant ambitione tergorum bubalorum : the same kind of boats had the germains ( saith isidor ) who in his time committed many robberies in them : but whosoever devised the canoa among the danubians , or among the gaules , sure i am , that the indians of america , never had any trade with either of these nations , and yet from fuobushers straits , to the straits of magalaine , those boats are found , and in some parts of that length , as i have seene them rowed with twenty oars of a side . the truth is , that all nations how remote soever , being all reasonable creatures , and enjoy one and the same imagination and fantasie , having devised according to their means and materialls the same things . the eastern people , who have had from all antiquitie , the use of iron , have found out the sawe , and with the sawe , they have sundred trees , in boards and plancks , and have joyned them together with nayles , and so made boats and gallies safe and portable , so have they built cities , and townes of timber and the like in all else . on the contrary , the west-indies and many nations of the africans , wanting means and materialls , have been taught by their own necessities to passe rivers in a boate of one tree , and to tye unsquared poles together , on the top for their houses , which they cover with large leaves , yea the same boats , and the same buildings , are found in countries , two thousand miles distant , debarred from all commerce , by unpassable mountains , lakes , and deserts ; nature hath taught them all to choose kings and captains for their leaders , and judges . they all have lighted on the invention of bowes and arrowes , all have targets and woodden swords : all have instruments to encourage them to fight : all that have corne beate it in morters , and make cakes , baking them upon slatestones : all devised lawes without any grounds had from the scriptures , or from aristotles politiques , whereby they are governed : all that dwell neere enemies impale their villages to save themselves from surprize , yea besides the same inventions , all have the same naturall impulsions , they follow nature in the choice of many wives , and there are every where among them , which out of a kind of wolvish ferocitie , eate mans flesh ; yea most of them beleive in a second life , and they are all of them idolaters in one kind or other . for the northerne parts of the world , it was long ere they grew to any perfection in shipping , for wee read that hingest , and horsa , came over into this land in long boats , in which for the first being called in by the brittains , they transported five thousand souldiers . and that after they came with a supply of ten thousand more shipt in thirty vessels , which the saxons call keeles , and our old historians cogiones , and in caesars time , the french brittains who were then esteemed the best brittaine sea men , had very untoward tubs in which they made warre against him . for they tooke the winds in sailes of leather , heavy and unplyable , and they fastned their ships to the ground , and rid at anchor with cables of iron chains , having neither canvas , nor cordage . in so much as the best of them which were of vannes , are described with high heads raised up deformedly above the rest of the buildings , to which kind of forme that they were constrained , the reason is manifest . for had their cables of iron chains held any great length , they had been unportable , and being short , the ships must have sunck at an anchor , in any streame of weather or countertyde , and such was their simplicitie in those dayes , as instead of accommodating their furniture to their ships , they formed their ships to their furniture ; not unlike the courtiers of this age who fit their bodies and their feet to their doublets and shooes , and not their doublets and shooes to their bodies , and feete . the pomerlanders inhabiting the south part of the baltick , or eastland sea , used a kind of boate , with the prowe at both ends , so as they need not to wend or hold water , but went on and returned indifferently , of which : tacitus suionum hinc civitates ipso in oreceano praeter viros armaque classibus valent ; forma navium , eo differt , quod utrinque prora paratam semper appulsui frontem agit : nec velis ministrantur ; nec remos in ordinem lateribus adiungant . solutum ut in quibusdam fluminum & mutabile ut res possit hinc vel illinc remigium : next are the cities of the suionum which are mighty at sea , not only in men and armes , but in fleete : the forme of their vessels differ in this , that a prowe at each end enables them to row forward either way alike : neither use they sayles , nor place their oars in order upon the sides , but carrying the oare loose , they shift it hither and thither at pleasure , as is the manner in some rivers , yea at this time both the turkes and christians use these kind of boats upon the river of danubius , and call them nacerne . true it is , that before caesars invading of this land , we doe find that the brittains had not any shipping at all , other then their boats of twigs covered with hydes as aforesaid . the saxons when they were drawne in by the brittains , came hither by sea. and after that time finding that without shipping they could neither defend themselves nor exercise any trade , they began to make some provision for a navy , such as it was , which being first considered of by egbert , alfred , edgar , and etheldred , augmented it , and how true it is , i know not , but it is written of edgar , that he increased the fleete , he found , two thousand six hundred saile : after whom etheldred made a law , that whosoever was lord of three hundred and ten hide land , should build and furnish one ship for the defence of their country . notwithstanding all these provisions , the danes invaded them , and having better ships then they had , made their way for a new conquest . the normans grew better shipwrights then either of both , and made the last conquest of this land , a land which can never be conquered , whilst the kings thereof keep the dominion of the seas , which dominion i doe not find , that it was ever absolute , till the time of henry the eight , but that we fought sometime with good , sometime with ill successe , as we shall shew hereafter more particularly . but omitting the dispute of the first navigators , certaine it is , that the invention of the compasse was had from our northerne nations , were it from the germans , norvegians , brittanes , or danes , for even to this day , the old northerne words are used for the division of winds upon the quarter of the compasse , not only by the danes , germans , swedes , brittanes , and all in the ocean , that understand the termes and names of the winds in their owne language : but the french and spanish called the sun rising winds , east or east , and the sunne setting winds west , the rest north and south , and so by the same termes , in all the divisions of southeast , northeast , southwest , northwest , and the rest . and if we compare the marveilous great transportations of people by the saxons , angles , danes , gothes , swedes , norwegians , especially and other . and how many fleets for supplies , have been set out by them , with the swarmes of danes aswell in our seas , as when they invaded and conquered scicilie , together with the colonies , planted by the tyrians in africa , as else where , and of the carthaginians the sons of the tyrians in spaine . it s hard to judge which of these nations have most commanded the seas , though for priority tribullus , and ovid give it the tyrians . prima ratam ventis credere docta tyros , and ovid , magna minorque fere quarum regis altera gratias ; altera sydonias uterque sicca rates . and it is true , that the first good ships were among the tyrians , and they good and great ships , not long after the warre of troy , and in solomons time , they were of that account as solomon invited hiram king of tyre , to joyne with him in his journey into the east-indies , for the israelites till then , never traded by sea , and seldome if ever after it , and that the tyrians were the chiefe in that enterprise , it appears in that they were called nautas peritos maris , in the hebrew ( saith iunius ) homines navium , and in our english marriners . it is also written in the second of chronicles the eight . that hiram sent solomon ships , et servos peritos maris , and servants skilfull of the sea , whereby it is probable , that the tyrians had used the trade of east-india before the dayes of solomon , or before the raigne of david , when themselves commanded the ports of the red sea , but the edumaeans being beaten by david , and the port of ezion-geber , now subject to solomon , the tyrians were forced to make solomon the cheife of that expedition , and to joine with him in the enterprise . for the tyrian had no passe to the red sea , but through the territory of solomon , and by his sufferance . whosoever were the inventers , we find that every age , had added somewhat to ships , and to all things else . and in my owne time the shape of our english ships , hath been greatly bettered . it is not long since the striking of the top-mast ( a wonderfull great ease to great ships both at sea and harbour ) hath been devised , together with the chaine pumpe , which takes up twice as much water as the ordinary did , we have lately added the bonnett , and the drabler . to the courses we have devised studding sayles , top gallant sayles ; sprit stayles , top stayles , the weighing of anchors by the capstone is also new . we have fallen into consideration of the length of cables , and by it we resist the malice of the greatest winds that can blow , witnesse our small milbrooke men of cornewall , that ride it out at anchor , half seas over betweene england and ireland , all the winter quarter , and witnesse the hollanders that were wont to ride before dunkirke , with the wind at northwest , making a lee shoare in all weathers : for true it is , that the length of the cable , is the life of the ship in all extreamities , and the reason is , because it makes so many bendings and waves , as the ship riding at that length it is not able to stretch it , and nothing breaks that is not stretched . in extreamity , we carry our ordnance better then we were wont , because our netheroverloops are raised commonly from the water , to wit , betweene the lower part of the port and the sea. in king henry the eights time , and in this present , at portsmouth the marie rose , by a little sway of the ship in casting about , her ports being within sixteene inches of the waters , was overset and lost , and in her that worthy knight sir george carew , cozen germaine to the lord carew , and with him ( besides many other gentlemen ) the father of the late renowned , sir richard greenevile . wee have also raised our second decks and given more vent thereby to our ordnance , tying on our nether-overloope . we have added crosse pillars in our royall ships to strengthen them , which be fastned from the kelson to the beams of the second decke , keepe them from setling or from giving way in all distresses . we have given longer floares to our ships , then in elder times , and better bearing under water , whereby they never fall into the sea , after the head and shake the whole body , nor sinck sterne , nor stoope upon a wind , by which the breaking loose of our ordnance or the not use of them , with many other discommodities are avoided . and to say the truth a miserable shame and dishonour it were for our shipwrights , if they did not exceed all other , in the setting up of our royall ships , the errors of other nations being farre more excusable then ours . for the kings of england have for many years been at the charge to build and furnish a navy of powerfull ships , for their owne defence , and for the wars only . whereas the french , the spaniards , the portugalls , and the hollanders ( till of late ) have had no proper fleete belonging to their princes or states . only the venetians for a long time have maintained their arsenal of gallyes , & the kings of denmark , and sweden , have had good ships for these last fifty years , i say that the forenamed kings , especially the spaniards and portugalls , have ships of great bulke , but fitter for the merchant then for the man of warre , for burthen then for battaile : but as popelinire well observeth , the forces of princes by sea , are marquess de grandeux d' estate , are markes of the greatnesse of an estate : for whosoever commands the sea , commands the trade : whosoever commands the trade of the world : commands the riches of the world and consequently the world it selfe : yet can i not deny , but that the spaniards being afraid of their indian fleets , have built some few very good ships , but he hath no ships in garrison , as his majestie hath , and to say the truth , no sure place to keepe them in ; but in all invasions he is driven to take up of all nations , which comes into his ports for trade . the venetians while they attended their fleets , and imployed themselves in their easterne conquest , were great and powerfull princes , and commanded the maritimate parts of croatia , dalmatia , albania , and epirus , were lords of peloponesus , and the islands adjoyning , of cyprus , candia , and many other places , but after they sought to greaten themselves in italie it self , using strangers for the commanders of their armies ; the turkes by degrees beate them out of all their goodly countryes , and have now confined them ( candia excepted ) to a few small grecian islands , which with great difficulty they enjoy . the first honour they obtained , was by making warre upon the istrii by sea , and had they been true to their spouse , to wit the seas , which once a yeare they marry , the turks had never prevailed against them , nor ever been able to be siege any place of theirs , to which he must have transported his armies by his gallies . the genowaies were also exceeding powerfull by sea , and held many places in the east , and contended often with the venetians for superiority , destroying each other in a long continued sea warre , yea the genowaies were the most famous mercenaries of all europe , both by sea and land for many years . the french assisted themselves by land with the crosbowers of genoa against the english , namely at the battaile of cressie , the french had crosbowers genowaies by sea. with their great ships called the carrecks of genoa , they alwayes strengthned their fleets against the english , but after mahomet the second had taken constantinople , they lost caffa , and all taurica , chersonesus with the whole trade of the euxine sea , and although they sent many supplies by the hellespont , yet having often felt the smart of the turks cannon , they began to slack their succours , and were soone after supplanted : yet doe the venetians to this day , well mainetaine their estate by their sea forces , and a great losse it is to the christian common-weale in generall , that they are lesse then they were , and a precipitate counsell it was of those christian kings their neighbours , when they joined in league against them , seeing they then were , and they yet are , the strongest rampiers of europe against the turks . but the genowaies have now but a few gallyes being altogether degenerate , and become merchants of mony , and the spanish kings bankers . but all the states and kingdomes of the world have changed forme and pollicy . the empire it selfe , which gave light to all principallities , like a pharo's , or high tower to seamen , is now sunck downe to the levell of the soyle . the greatnesse which it gave to the church of rome as before proved , was it which made it selfe little in hast , and therefore truely said ; imperium amore religionis seipsum , exhausisse , the empire being also elective and not successive , the emperors in being made profit of their owne times , and sold from the empire many signiories depending on it , and at so easy a rate , as lucca freed it self for ten thousand crownes ; and florence for six thousand crowns ; the rest , the popes ; then the hauses , and lastly the turks have in effect ruined . and in which severall inundations many pieces have been recovered by other princes and states . as basill , zurick , and bearne , by the switzers ( omitting many others ) metz tholouse , verdum , by the french , groigne aix la chapple , zuphen , deuenter , newengen , in gilderland , wesell , antwerpe , and many other places by the spaniards ; and by the states , dantzick and other townes of importance by the polack . insomuch as it is now become , the most confused estate of the world , consisting of an empire in title with territory , who can ordaine nothing of importance but by a dyet or assembly of the estates of many free princes , ecclesiasticall and temporall ; in effect of equall force , divers in religion and faction , and of free cities and hanstownes , whom the princes doe not more desire to command , then they scorne to obey , notwithstanding being by farre lesse then they were in number and lesse in force and reputation , as they are not greatly able to offend others , so have they enough to doe ( being seated farre asunder ) to defend themselves , of whom hereafter more particularly . the cassilians , in the meane while are growne great , and by mistaking esteemed the greatest , having by marriage , conquest , practize , and purchase , devowred all kingdomes within spaine , with naples , sicilie , millaine , and the netherlands , and many places belonging to the empire and the princes thereof . besides the indies east and west , the islands of the west ocean , and many places in barbary guiena , congo and else where . france hath also enlarged it self by the one half , and reduced normandy , brittaine , and aquitaine , withall that the english had on that side the sea , together with languedocke foix , armignac , beerne , and dolphine . for this kingdome of great brittaine : it hath had by his majesty a strong addition , the posterne by which we were so often heretofore entered and surprised , is now made up ; and we shall not hereafter need the double face of ianus to looke north and south at once . but there is no stare growne in hast , but that of the united provinces , and especially in their sea forces , and by a contrary way to that of france , or spaine , the latter by invasion , the former by oppression ; for i my self may remember when one ship of her majesties , would have made forty hollanders strike sayle , and to come to anchor . they did not then dispute de mari libero , but readily acknowledg'd the english to be domini maris brittanici : that we are lesse powerfull then we were , i doe hardly beleive it , for although we have not at this time ships , belonging to the subjects , of tuns each ship , as it is said we had in the . yeare of queen elizabeth , at which time also upon a generall view and muster , there were found in england of all men , fit to beare armes , eleaven hundred and seaventy two thousand , yet are our merchants ships , now farre more warlike and better appointed then they were , and the navy royall double as strong as then it was , for these were the ships of her majesties navy at that time . . the triumph . . the eliz : ionas . . the white beare . . the phill : and mary . . the bonaventure . . the golden lion. . the victory . . the revenge . . the hope . . the mary rose . . the dreadnaught . . the minion . . the swiftsure . to which there hath been added . . the antelope . . the foresight . . the swallow . . the handmaide . . the gennett . . the barque of bullen . the ayde . . the achates . . the falcon. . the tyger . . the bull. we have not therefore lesse force then we had , the fashion and furnishing of our ships considered : for there are in england at this time . saile of merchants fit for the wars , which the spaniards would call gallions ; to which we may adde saile of crumsters , or hoyes of newcastle , which each of them will beare six demiculverins , and foure sakers , needing no other addition of building , then a slight spar decke , fore and afte as the seamen call it , which is a slight decke throughout , the , which may be chosen out of , by reason of their ready staying and turning , by reason of their windwardnesse , and by reason of their drawing of little water , and they are of extreame vantage neere the shoare , and in all bayes and rivers to turne in and out : these , i say , alone , well manned , and well conducted , would trouble the greatest prince of europe to encounter in our seas , for they stay and turne so readily , as , ordering them into small squadrons , three of them at once , may give their broad sides , upon any one great ship , or upon any angle or side of an enemies fleet , they shall be able to continue a perpetuall volley of demiculverins without intermission , and either sinck or slaughter the men , or utterly disorder any fleet of crosse sailes , with which they encounter . i say then if a vanguard be ordeined of these hoyes , who will easily recover the wind of any other ships , with a battaile of other warlike ships , and a reare of thirty of his majesties ships to sustaine , relieve and countenance the rest ( if god beat them not ) i know not what strength can be gathered in all europe to beat them . and if it be objected , that the states can furnish a farre greater number , i answer that his majesties ships , added to before named , are of incomparable greater force , then all that holland and zeeland , can furnish for the wars . as also that a greater number would breed the same confusion , that was found in zerxes land army of seaventeene hundred thousand souldiers : for there is a certaine proportion both by sea and land , beyond which , the excesse brings nothing but disorders and amazement . of those hoyes , carvills , or crumsters , call them what you will , there was a notable experience made in the yeare , . in the river of antwerpe , neere rummerswaell , where the admirall boysett with his crumsters overthrew the spanish fleet of great ships conducted by iulian romero , so contrary to the expectation of don lewis , the great commander and lieutenant of the netherlands for the king of spaine , as he came to the bancks of bergen to behold the slaughter of the zelanders . but contrary to his expectation , he beheld his armado , some of them sunck , some of them thrust on the shoare , and most of the rest mastered and possessed by his enemies . insomuch , as his great captain romero , with great difficulty , some say in a skiffe , some say by swymming , saved himselfe . the like successe had captaine werst of zeeland , against the fleet which transported the duke of medini coeli , who was sent out of spaine by sea , to governe the netherlands , in place of the duke of alva , for with twelve crumsters or hoyes of the first troope of . sayle , he tooke all but three , and he forced the second ( being twelve great ships filled with . souldiers , ) to run under the ramakins , being then in the spaniards possession . but whence comes this dispute ? not from the increase of numbers , not because our neighbours breed more marriners then we doe , nor from the greatnesse of their trade in all parts of the world , for the french creepe into all corners of america , and africa , as they doe , and the spaniards , and portugalls , imploy more ships by many ( fishing trades excepted ) then the netherlands doe . but it comes from the detestable covetousnesse of such particular persons as have gotten licences , and given way to the transporting of the english ordnance . fuit haec sapientia quondam , publica privatis secernere , sacra profanis . and that in so great abundance , as that not only our good friends the hollanders , and zealanders , have furnished themselves , and have them lying on their wharfes to sell to others ; but all other nations have had from us , not only to furnish their fleets , but to garnish all their forts and other places , fortifying their coasts ; without which the spanish king durst not have dismounted so many pieces of brasse in naples and else where , therewith to arme his great fleete in . but it was directly proved in the lower house of parliament anno of queene elizabeth . that there were landed in naples above . culverins english , since which time also , and not long since , it is lamentable that so many have beene transported into spaine . but those that belike then determined it , and the transporters , have now forsaken the country , and though the procurers remaine , i am resolved that they also have forsaken the care of his majesties estate , and the honour of this nation . i urge not this point as thinking it unfit , to furnish his majesties good friends and allyes , who have had with us one common enemy for many yeares ; but all politique estates have well observed this precept : ut sic tractarent amicum ; tanquam inimicum futurum : for what are all the ships in the world to be valued at , other then a company of floating tubs , were they not furnished with ordnance , either to offend others , or defend themselves ? if a ship of a thousand runs had in her a thousand muskateers , and never a great gun ; with one crumster , carrying ten or thirteene culverins , she may be beaten to pieces , and her men slaughtered . certainly the advantage which the english had by their bowes and arrowes in former times , was never so great , as we might now have had by our iron ordnance , if we had either kept it within the land , kept it from our enemies , or imparted it to our friends , moderately ; for as by the former we obteined many notable victories , and made our selves masters of many parts of france , so by the latter we might have commanded the seas , and thereby the trade of the world it selfe . but we have now to our future prejudice , and how far to our prejudice i know not , forged hammers and delivered them out of our hands , to breake our owne bones withall . for the conclusion of this dispute , there are five manifest causes of the upgrowing of the hollanders and zelanders . . the first is , the favour and assistance of queene elizabeth , and the kings majesty , which the late worthy and famous prince of orange , did alwayes acknowledge , and in the yeare . when i tooke my leave of him at antwerpe , after the returne of the earle of leicest : into england , and monsieur's arrivall there , when he delivered me his letters to her majesty ; he prayed me to say to the queen from him , sub umbra alarum tuarum protegimur : for certainly they had withered in the bud , and sunck in the beginning of their navigation , had not her majesty assisted them . . the second cause was , the imploying of their owne people in their trades and fishings , and the entertaining of strangers , to serve them in their armies by land. . the third is , the fidelity of the house of nassawe , and their services done them , especially of that renowned prince maurice , now living . . the fourth , the withdrawing of the duke of parma twice into france , while in his absence he recovered those strong places of zealand , and frizland , as deventer zuphen , &c. . and the fifth , the imbarging and confiscating of their ships in spaine , which constrained them and gave them courage to trade by force into the east and west indies , and in africa , in which they imploy ships , and marriners . the successe of a counsell so contrary to their wisdome that gave it , as all the wit , and all the force the spaniards have , will hardly ( if ever ) recover the damage thereby received . for to repaire that ruine of the hollanders trade into both indies the spaniards did not only labour the truce : but the king was content to quit the sovereigntie , of the united provinces , and to acknowledge them for free states , neither holding nor depending on the crowne of spaine . but be their estates what it will , let not them deceive themselves in believing that they can make themselves masters of the sea , for certainly the shipping of england , with the great squadron of his majesties navy royall , are able in despight of any prince or state in europe , to command the great and large field of the ocean . but as i shall never thinke him a lover of this land , or of the king , that shall perswade his majesty from imbracing the amity of the states of the united provinces : ( for his majesty is no lesse safe by them , then they invincible by him : ) so i would wish them , ( because after my duty to mine owne soveraigne , and the love of my country , i honour them most ) that they remember and consider it , that seeing their passage and repassage , lyes through the brittish seas , that there is no port in france , from callice to flushing , that can receive their ships , that many times outward by westerly winds , and ordinarily homewards , not only from the east indies , but from the straits , and from spaine , all southerly winds ( the brises of our clymate ) thrust them of necessity into the kings ports , how much his majesties favour doth concerne them , for if ( as themselves confesse in their last treaty of truce with the spaniards ) they subsist by their trades , the disturbance of their trades ( which england can only disturbe ) will also disturbe their subsistance . the rest i will omit , because i can never doubt , either their gratitudes or their wisdomes . for our new-castle trade , ( from which i have digressed ) i refer the reader to the author of the trades increase , a gentleman to me unknowne , but so far as i can judge , he hath many things very considerable , in that short treaty of his ; yea both considerable and praise worthy , and among the rest , the advise which he hath given for the maintenance of our hoyes , and carvills of newcastle , which may serve us , besides the breeding of marriners for good ships of warre , and of exceeding advantage , and certainly i cannot but admire , why the impositions of five shillings should any way dishearten them , seeing there is but one company in england , upon whose trade any new payment are layd , but that they on whom it is laid raise profit by it , the silkemen , if they pay his majesty twelve pence upon a yard of sattin , they not only raise that twelve pence , but they impose twelve pence or two shillings more upon the subject , so doe they upon all they sell of what kind soever : as all other retaylers doe , of what quality or profession soever : and seeing all the maritimate provinces of france , and flanders , all holland and zealand , embden and breame , &c. cannot want our new-castle , or our welsh coales , the imposition cannot impoverish the transporter ; but that the buyer must make payment accordingly ; and if the impositions laid on these things , whereof this kingdome hath no necessary use , as upon silkes , velvets , gold and silver lace , and cloaths of gold , and silver , cut works , cambricks , and a world of other trumperyes , doth in nothing hinder their vent here : but that they are more used , then ever they were , to the utter impoverishing of the land in generall , and of those poppinjayes that value themselves by their out sides , and by their players coats , certainly the imposing upon coales , which other nations cannot want , can be no hinderance at all to the newcastlemen , but that they may raise it againe upon the french and other nations , as those nations themselves doe , which fetch them from us with their owne shipping . for conclusion of this chapter , i say that it is exceeding lamentable , that for any respect in the world , seeing the preservation of the state and monarchie , doth surmount all other respects , that strangers should be permitted to eat us out , by exporting and importing both our owne commodities , and those of forreigne nations : for it is no wonder we are overtopped in all the trades we have abroad and far off , seeing we have the grasse cut from under our feet in our fields and pastures . finis . a discourse of the originall and fundamentall cause of naturall , customary , arbitrary , voluntary , and necessary war , with the misery of invasive warre . that ecclesiasticall prelates , have alwayes been subject to temporall princes , and that the pope had never any lawfull power in england , either in civill , or ecclesiasticall , businesse , after such time , as brittaine was won from the roman empire . the ordinary theme and argument of history is war , which may be defined the exercise of violence under soveraigne command , against withstanders force , authority and resistance , being the essentiall parts thereof , violence limited by authority is sufficiently distinguisht from robbery and the like outrages : yet consisting in relation towards others , it necessarily requires a supposition of resistance , whereby the force of war becomes different from the violence inflicted upon slaves , or yeilding malefactors ; as for armes , discipline , and whatsoever else belongeth to the making of war prosperous , they are only considerable in degree of perfection , since naked savages fighting disorderly with stones , by appointment of their commanders , may truly and absolutely be said to war. neverthelesse , it is true , that as the beasts are armed with fierce teeth , pawes , horns , and other bodily instruments of much advantage against unweaponed men , so hath reason taught man to strengthen his hand with such offensive armes , as no creature else can well avoid or possibly resist . and it might seeme happy , if the sword , the arrow , the gun , with many terrible engines of death , could be wholly imployed in the exercise of that lordly rule , which the lord of all hath given to mankind over the rest of living things . but since in humane reason there hath no meanes been found of holding all mankind at peace within it self : it is needfull that against the wit and subtilty of man , we oppose not only the bruit force of our bodyes , ( wherein many beasts exceed us , ) but helping our strength with art and wisdome , strive to excell our enemies in those points wherein man is excellent over other creatures . the necessity of war , which among humane actions is the most lawlesse , hath some kind of affinity , and neere resemblances with the necessity of law. for there were no use at all , either of war or of law ; if every man had prudence to conceive how much of right were due both to and from himselfe , and were withall so punctually just , as to performe what he knew requisite , and to rest contented with his owne . but seeing that no conveyance of land can be made so strong , by any skill of lawyers , with multiplicity of clauses , and provisoes , that it may be secure from contentious avarice , and the malice of false seeming justice : it is not to bee wondered , that the great charter , whereby god bestowed the whole earth upon adam , and confirmed it unto the sons of noah , being as breife in word , as large in effect , hath bred much quarrell of interpretation . surely howsoever the letter of that donation , may be unregarded by the most of men , yet the sense thereof is so imprinted in their hearts , and so passionatly imbraced by their greedy desires , as if every one laid claime for himself unto that , which was conferred upon all . this appeared in the gaules , who falling upon italy under their captaine brennus , told the roman ambassadours plainly that prevalent arms were as good as any title , and that valiant men might account to be their owne as much as they could get ; that they wanting land therewith to susteine their people , and the tuscanes , having more then enough , it was their meaning to take what they needed by strong hand , if it were not yeilded quietly . now if it be well affirmed by lawyers , that there is no taking of possession more just , then in vacuum venire , to enter upon land unhabited , as our countrymen have lately done in the summer islands : then may it be inferred , that this demand of the gaules , held more of reason then could be discerned at the first view . for if the title of occupiers be good in a land unpeopled , why should it be bad accounted in a country peopled over thinly ? should one family or one thousand hold possession of all the southerne , undiscovered continent , because they had seated themselves in nova guiana , or about the straits of magalane ? why might not the like be done in africk , in europe , or in asia ? if this were most absurd to imagine , let then any mans wisdome determine by lessening the territory , and increasing the number of inhabitants , what proportion is requisite to the peopling of a region in such manner , that the land shall be neither too narrow for those whom it feedeth , nor capable of a greater multitude ; untill this can be concluded and agreed upon , one maine and fundamentall cause of the most grievous warre that can be imagined , is not like to be taken from the earth . it were perhaps enough in reason to succour with victualls and other helps , a vast multitude compelled by necessity to seeke a new feare , or to direct them unto a country able to receive them : but what shall perswade a mighty nation to travaile so farre by land , or sea , over mountaines , deserts , and great rivers , with their wives and children , when they are , or thinke themselves , powerfull enough to serve themselves neerer hand , and inforce others into the labour of such a journey ? i have briefely shewed in an other worke , that the miseries accompaning this kind of war , are most extreame . for as much as the invaders cannot otherwise be satisfied then by rooting out or expelling the nation upon which they fall . and although the uncertainty of tenure , by which all worldly things are held , minister very unpleasant meditation ; yet is it most certaine that within . yeares last past , all or the most of kingdomes to us knowne , have throughly felt the calamities of such forcible trasplantations , being either over whelmed by new collonies that fell upon them , or driuen , as one wave is driven by an other , to seeke new seates , having lost their owne . our westerne parts of europe indeed have cause to rejoyce , and give praise to god , for that we have been free about years , from such inundations , as were those of the gothes , humes , and vandalls , yea from such as were those of our owne ancestors , the saxons , danes , and normans , but howsoever we have together with the feeling , lost the very memory of such wretchednesse , as our fore-fathers endured by those wars , of all other the most cruell . yet are there few kingdomes in all asia that have not been ruined by such overflowing multitudes within the same space of these last six hundred yeares . it were an endlesse labour to tell how the turks , and tartars falling like locusts upon that quarter of the world , having spoiled every where , and in most places eaten up all , as it were by the roots , consuming together with the princes formerly reigning and a world of people , the very names , language and memory of former times . suffice it that when any country is overlaid by the multitude which live upon it , there is a naturall necessity compelling it to disburthen it self and lay the load upon others , by right or wrong . for ( to omit the danger of pestilence often visitting those which live in a throng ) there is no misery that urgeth men so violently unto desperate courses , and contempt of death , as the torments or threats of famine whereof the warre that is grounded upon this generall rem●dilesse necessity , may be tearmed the generall , the remedilesse , or the necessary war. against which that our country is better provided ( as may be shewed hereafter ) then any civill nation to us knowne , we ought to hold it a great blessing of god , and carefully retaine the advantages which he hath given us now . besides this remedilesse or necessary warre , which is frequent , there is a warre voluntary , and customeable , unto which the offering party is not compelled . and this customary warre , which troubleth all the world , giveth little respite or breathing time of peace , doth usually borrow pretence from the necessary to make it self appeare more honest . for covetous ambition thinking all too little which presently it hath , supposeth it self to stand in need of all which it hath not . wherefore if two bordering princes have their territory meeting on an open champaigne , the more mighty will continually seeke occasion , to extend his limits unto the further border thereof . if they be divided by mountaines they will fight for the mastery of the passages of the tops , and finally for the towns that stand upon the roots . if rivers run between them , they contend for the bridges , and thinke themselves not well assured untill they have fortified the further banck . yea the sea it selfe must be very broad , barren of fish , and void of little islands interjacent , else will it yeild plentifull argument of quarrell to the kingdomes which it severeth . all this proceeds from desire of having , and such desire from feare of want . hereunto may be added , that in these arbitrary wars , there is commonly to be found , some small measure of necessity , though it seldome be observed , perhaps , because it extendeth not so far , as to become publique . for where many younger sonnes of younger brothers , have neither lands nor means to uphold themselves , and where many men of trade or usefull possessions , know not how to bestow themselves for lack of imployments , there can it not be avoided that the whole body of the state ( howsoever otherwise healthfully disposed ) should suffer anguish by the greivance of those ill affected members . it sufficeth not that the country hath wherewith to susteine even more then live upon it , if means be wanting , whereby to drive convenient participation of the generall store unto a great number of well deservers . in such cases there will be complaining , commiseration , and finally murmur ( as men are apt to lay the blame of those evills whereof they know the ground upon publike misgovernment ) unlesse order be taken for some redresse by the sword of injury , supposed to be done by forreigners , whereto the discontented sort give commonly a willing eare . and in this case i think it was , that the great cardinall francis de amiens who governed spaine in the minority of charls the fift , hearing tell that . spaniards were lost in the enterprise of algier , under don diego de vera , made light of the matter : affirming , that spaine stood in need of such evacuation , forreigne warre serving ( as king fardinard had been wont to say ) like a potion of rubarbe , to wash away choler from the body of the realme . certainly among all kingdomes of the earth , we shall scarce find any that stands in lesse need then spaine , of having the veines opened by an enemies sword : the many colonies which it sends abroad so well preserving it from swelling humors . yet is not that country thereby dispeopled , but mainteineth still growing upon it ( like a tree , from whose plants to fil a whole orchard , ) have bin taken as many , as it can well nourish . and to say what i think , if our king edward the third , had prospered in his french wars and peopled with english the towns which he won , as he began at calice driving out the french , the kings his successors , holding the same course would by this time have filled all france , with our nation , without any notable emptying of this island . the like may be affirmed upon like suspition of the french in italy , or almost of any others , as having been verified by the saxons in england , and arabians in barbarie ; what is then become of so huge a multitude as would have over spread a great part of the continent ? surely they dyed not of old age , nor went out of the world by the ordinary wayes of nature . but famine and contagious diseases , the sword , the halter , and a thousand mischiefs have consumed them . yea many of them perhaps were never borne : for they that want means to nourish children will abstaine from marriage , or ( which is all one ) they cast away their bodies upon rich old women : or otherwise make unequall or unhealthy matches for gaine , or because of poverty they thinke it a blessing , which in nature is a curse , to have their wives barren . were it not thus , arithmeticall progression might easily demonstrate , how fast mankind would increase in multitude , overpassing as miraculous ( though indeed naturall ) that example of the israelites , who were multiplyed in . yeares , from seaventie unto . able men . hence we may observe , that the very propagation of our kind , hath with it a strong insensive , even of those daily wars , which afflict the earth . and that princes excusing their drawing the sword by devised pretences of necessity , speake often more truly then they are aware , there being indeed a great necessity , though not apparent , as not extending to the generality , but resting upon private heads . wherefore other cause of warre meerly naturall there is none , then want of roome upon the earth , which pinching a whole nation , begets the remedilesse warre , vexing only some number of particulars , it draws on the arbitrary : but unto the kindling of arbitrary warre , there are many other motives . the most honest of these is , feare of harme and prevention of danger . this is just and taught by nature , which labours more strongly in removing evill , then in pursuite of what is requisite unto her good . neverthelesse , because warre cannot be without mutuall violence : it is manifest , that allegation of danger and feare serv●s only to excuse the suffering part , the wrong doer being carried by his owne will. so the warre thus caused proceeds from nature , not altogether but in part . a second motive is , revenge of injury susteined ; this might be avoided if all men could be honest ; otherwise not . for princes must give protection to their subjects and adherents , when worthy occasion shall require it , else will they be held unworthy , and unsufficient : then which there can be to them no greater perill . wherefore caesar in all deliberations where difficulties and dangers threatned on the one side , and the opinion that there should be in him parum praesidii little safeguard , for his friends , was doubted on the other side , alwayes chose rather to venture u●on extreamities then to have it thought that he was a weake protector . yea by such maintenance of their dependants , many noblemen in all formes of government , and in every mans memory have kept themselves in greatnesse with little help of any other vertue . neither have meere tyrants been altogether carelesse to mainetaine free from oppression of strangers , those subjects of theirs , whom themselves have most basely esteemed and used , as no better then slaves . for there is no master that can expect good service from his bondslaves , if he suffer them to be beaten and daily ill intreated by other men : to remedy this , it were needfull that justice should every where bee duly ministred aswell to strangers as to denizons . but contrariewise we find , that in many countreys ( as muscovie and the like ) the laws or the administration of them are so far from giving satisfaction , as they fill the generall voice with complaint and exclamation . sir thomas moore said , ( whether more pleasantly or truely i know not ) that a trick of law had no lesse power then the wheele of fortune , to lift men up , or cast them downe . certainly with more patience men are wont to endure the losses that befell them by meere casualty , then the damages which they susteine by means of injustice , because these are accompanied with sense of indignity , whereof the other are free : when robbers break open a mans house and spoile it , they tell the owner plainly that money they want , and money they must have : but when a judge corrupted by reward , hatred , favour , or any other passion , takes both house and land from the rightfull owner , and bestowes them upon some friend of his owne , or of his favorite , he saies , that the rules of justice will have it so , that it is the voice of the law , the ordinance of god himselfe . and what else doth he herein , then by a kind of circumlocution tell his humble suppliants that he holds themselves idiots or base wretches not able to get releife ; must it not astonish and vex withall , any man of a free spirit when he sees none other difference betweene the judge and the theefe , then in the manner of performing their exploits ? as if the whole being of justice consisted in point of formality . in such case an honest subject will either seeke remedy by ordinary courses , or awaite his time untill god shall place better men in office , and call the oppressors to account . but a stranger wil not so , he hath nothing to do with the affairs of barbary , neither concerns it him what officer be placed or displaced in taradante , or whether mulisidian himself can contemne the kingdome , his ship and goods are unjustly taken from him , and therefore he will seeke leave to right himselfe if he can , and returne the injury ten fold , upon the whole nation from which he received it . truth it is , that men are sooner weary to dance attendance at the gates of forreigne lords , then to tarry the good leisure of their own magistrates ; nor doe they beare so quietly the losse of some parcell confiscated abroad , as the greater detriment which they suffer by some prowling vice - admirall , customer , or publique minister at their returne . whether this proceed from the reverence which men yeild unto their proper governour , i will not here define , or whether excesse of trouble in following their causes far from home , or whether from despaire of such redresse , as may be expected in their owne country , in the hoped reformations of disorders , or whether from their more unwillingnesse to disturbe the domesticall then the forreigne quiet by loud exclamations , or whether perhaps their not daring to mutter against the injustice of their owne rulers , though it were shamefull , for feare of faring worse , and of being punished for scandalum magnatum : as slanderers of men in authority , wheresoever it comes ; as there can be but one allegeance , so men are apt to serve no more then they needs must . according to that of the slave in an old comoedie : non sum servus publicus , my master bought me for himself , and i am not every mans man. and this opinion , there is no prince unwilling to mainetaine in his owne subjects . yea such as are most rigorous to their owne , doe never find it safe to be better unto strangers , because it were a matter of dangerous consequence , that the people should thinke all other nations to be in better case then themselves . the breife is , oppression in many places weares the robes of justice , which domineering over the naturalls , may not spare strangers , and strangers will not endure it , but cry out unto their owne lords for releife by the sword. wherefore the motive of revenging injuries is very strong , though it meerly consist in the will of man , without any inforcement of nature . yet the more to quicken it , there is usually concurrent therewith , a hopefull expectation of gaine . for of the amends recovered , little or nothing returns to those that had suffered the wrong , but commonly all runs into the princes coffers . such examples as was that of our late queen elizabeth of most famous memory , are very rare . her majestie when the goods of our english merchants were attached by the duke of alva , in the netherlands , and by king philip in spaine , arrested , likewise the goods of the low dutch here in england , that amounted unto a greater value : neither was she contented that her subjects should right themselves as well as they could , upon the spaniards by sea , but having brought king philip within foure or five years , to better reason , though not so far as to restitution ; she satisfied her owne merchants to the full , for all their losses out of the dutchmens goods , and gave back to the duke what was remayning . this among many thousand of her royall actions , that made her glorious in all nations , though it caused even strangers in their speech and writing to extoll her princely justice , to the skies : yet served it not as a president for others of lesse vertue to follow . it were more costly to take patterne from those acts , which gave immortall renowne to that great queen , then to imitate the thirsty dealing of that spanish duke , in the self same busines , who kept all to his owne use , or his masters , restoring to the poore dutch merchants not one penny . it falls out many times indeed , that a prince is driven to spend far more of his treasure in punishing by war the wrongers of his people , then the losse of his people did amount unto . in such cases it is reason , that he satisfy himself , and let the people ( whereto commonly they are apt ) rest contented with the sweetnesse of revenge . but when victory makes large amends for all , it royally becomes a prince , to satisfy those for whose satisfaction he undertooke the warre . for besides the purpose it were now , to teach how victory should be used , or the gaines thereof communicated to the generall content . this being only brought into shew , that the profit thereby gotten , is a stirring provocation to the redresse of injuries by the sword . as for the redresse of injuries done unto princes themselves , it may conveniently ( though not alwayes , for it were miserable injustice to deny leave to princes of mainetaining their owne honour ) be referred unto the third motive of arbitrary warres , which is meere ambition . this is and ever hath been that true cause of more wars , then have troubled the world upon all other occasions whatsoever , though it least partake of nature , or urgent necessity of state. i call not here alone by the name of ambition , that vaine glorious humour which openly professeth to be none other , and vaunts it selfe as an imperiall vertue ( for the examples are not many of that kind : ) but where occasion of warre is greedily sought , or being very slight is gladly entertained , for that increase of dominion is hoped thereby , we should rather impute the warre to the scope at which it aimeth : then to any idle cause pretended . the romans feared lest they of of carthage by winning messana should soone get the mastery over all sicilie , and have a faire entrance at pleasure into italy : which to prevent they made a warre upon the carthaginians ; this feare i call ambition , had they not trusted in their own armes , hoping thereby to enlarge their empire , but being weaker , and more afraid indeed , they would have feared lesse . for colour of this warre they tooke the mamertines , a crewe of theeves , and cut throats into their protection ; whom being their associats they must needs defend . but had not their ambition been mightier then their justice , they would have endeavoured to punish these mamertines , and not to protect them . innumerable are the like examples : know ye not ( said ahab ) that ramoth gilead is ours ? he knew this before , and was quiet enough , till opinion of his forces , made him looke into his right . and of this nature ( though some worse then other in degree ) are claims of old forgotten tribute or of some acknowledgements due perhaps to the ancestors of a vanquished king , and long after challenged by the heirs of the conqueror , broken titles to kingdomes or provinces , mainetenance of friends , and partizans , pretenced wrongs , and indeed , whatsoever it pleased him to alleadge that thinketh his owne sword sharpest : but of old time ( perhaps before helen of greece , was borne ) women have been the common argument of these tragedies . as of late ages in our parts of the world , since the names of guelf , and ghibeline , were heard , the right of st. peter , that is the popes revenews and authority . this last and other of the same kind i know not , how patiently they will endure to be ranged among ambitions quarrels : for the warre that hath such foundation , will not only be reputed , free from worldly ambition , just , and honourable , but holy , and meritorious : having thereto belonging pardon of sins , release from purgatory , and the promises of the life to come , as may be seen in the popes crociata . the truth is , that the saracenes , affirme no lesse of the warres , which either they make against christians , or which arise between themselves from difference of sect. and if every man had his due , i thinke the honour of devising first this doctrine : that religion ought to be inforced upon men by the sword , would be found appertaining to mahomet the false prophet , sure , it is , that he and the caliphes following him obteined thereby in a short space a mighty empire , which was in faire way to have inlarged , untill they fell out among themselves . not for the kingdome of heaven , but for dominion upon earth . and against these did the popes , when their authority grew powerfull in the west , incite the princes of germany , england , france , and italie . their chiefe enterprise was the recovery of the holy land. in which worthy , but extreamely difficult action , it is lamentable to remember , what abundance of noble blood hath been shed , with very small benefit unto the christian state. the recovery of spaine ( whereof the better part was then in bondage of the saracens , ) had been a worke more availeable to the men of europe , more easily mainetained with supply , more aptly serving to advance any following enterprise upon kingdomes further removed , more free from hazard , and requiring lesse expence of blood. but the honourable piety of the undertakers could not be terrified by the face of danger , nor diverted from this to a more commodious businesse , by any motives of profit or facility , for the pulpits did sound in every parish church with the praises of that voyage , as if it were a matter , otherwise far lesse highly pleasing unto god , to beare armes for defence of his truth against prosecutors , or for the deliverance of poore christians oppressed with slavery , then to fight for that selfe same land , wherein our blessed saviour was borne and dyed : by such perswasions a marvellous number were excited to the conquest of palestina which with singular vertue they performed ( though not without exceeding great losse of men ) and held that kingdome some few generations . but the climate of syria , the far distance from the strength of christendome , and the neer neighbourhood of those that were most puissant among the mahometans , caused that famous enterprise , after a long continuance of terrible war , to be quite abandoned . the care of ierusalem being laid aside , it was many times thought needfull to represse the growing power of the turke by the joint forces of all christian kings and common-wealths , and hereto the popes have used much perswasion and often published their crociata with pardon of sins to all that would adventure in a worke so religious . yet have they effected little or nothing , and lesse perhaps are ever like to doe . for it hath been their custome so shamefully to misuse the fervent zeale of men to religious armes by converting the monies , that have been leavyed for such wars , to their owne services , and by stirring up christians one against an other , yea against their owne naturall princes , under the like pretences of serving god and the church , that finally men waxed weary of their turbulent spirits , and would not believe that god was carefull to mainetaine the pope in his quarrells , or that remission of sins past , was to be obteined by committing more and more grievous , at the instigation of his suspected holinesse . questionlesse there was great reason , why all discreet princes should beware of yeilding hasty beliefe to the robes of sanctimonie . it was the rule of our blessed saviour , by their works you shall know them , what the works of those that occupied the papacie , have been since the dayes of pepin and charlemaine who first enabled them with temporall donation , the italian writers have testified at large . yet were it needlesse to cite machiavell , who hath recorded their doings , and is therefore the more hatefull , or guicciardine , whose works they have gelded , as not enduring to heare all that he hath written , though he spake enough in that which remains . what history shall we read ( excepting the annales of caesar baronius , and some books of fryars , or fryarly parasites ) which mentioning their acts doe not leave witnesse of their ungodly dealing in all quarters . how few kingdomes are there ( if any ) wherein by dispensing with others , transferring the right of crowns , absolving subjects from alleageance , and cursing or threatning to curse as long as their curses were regarded , they have not wrought unprobable mischiefs ? the shamelesse denyall hereof by some of their friends , and the more shamelesse justification by their flatterers , makes it needfull to exemplifie , which i had rather forbeare , as not loving to deale in such contentious arguments , were it not follie to be modest in uttering what is knowne to all the world . pitty it is , that by such demeanour they have caused the church ( as hierome savanarola , and before him robert grosthead bishop of lincolne prophecied ) to be reformed by the sword . but god would have it so . how farre the popes blessing therefore did sanctifie the enterprise upon ierusalem it rests in every mans discretion to judge . as for the honourable christians which undertooke that conquest to justifie their warre , they had not only the redresse of injuries and protection of their oppressed brethren , but the repelling of danger from their owne land , threatned by those misbeleivers when they invaded . if the popes extortions ( which were not more forcible then those of peters the hermits ) added spirit unto the action : yet altered they not the grounds of the warre , nor made it the more holy . let the indulgences of pope leo , the tenth , beare witnesse of this , who out of politick feare of the turkes violence urged a religious contribution towards a warre to be made upon them . the necessity of that which hee propounded was greater doubtlesse then any that had perswaded the conquest of palestina . but too foule and manifest was the unholinesse of obtruding upon men remission of sins for money , that the sums which pope leo thereby raised and converted to his owne uses , have made his successers loosers by the bargaine even to this day . pius the second , formerly well knowne by the name of aeneas silvius , was discernedly reckoned among the few good popes of latter ages , who neverthelesse in a warre of the same religious nature , discovered the like ( though not the same ) imperfection . his purpose was to set upon mahomet the great , who had newly won the empire of constantinople and by carrying the warre over into greece , to prevent the danger , threatning italie . in this action highly commendable , he intended to hazard his owne person , that so the more easily hee might win adventurers , who else were like to be lesse forward , as not unacquainted with such romish tricks ; yet was not his owne devotion , so zealous in pursuit of this holy businesse , but that he could stay a while , and convert his forces , against malatesti lord of rimini , letting , scanderbeg waite his leisure , who had already set the warre on foote in greece . for ( said he ) we first subdue the little turke , before we medle with the great , he spake reason if we regard policy . but attending one to religion find we not , that he held the chastisement of one which molested the sea of rome , a like pleasing to god , as would have been the holy warre , against the common enemy of our christian faith ? so thought all the rest of those bishops . and so much more ( upon their severall occasions ) declared themselves to thinke it , by how much they were commonly worse men then this aeneas silvius . and good reason was there that they should be of such beliefe , or endeavour to make the christian world believe none otherwise . for the naturall constitution of their estate ( i meane since the age of pepin and charlmaine , or the times not long foregoing , hath urged them all hereto ; though peradventure some few popes may have been overlewd , by their own private natures , and thereby have swa●●ved from the rule of policy . to speake in generall , whosoever hath dominion absolute , over some , and authority lesse absolute over many more , will seeke to draw those that are not whol●y his owne into intire subjection . it fares with politick bodies as with the physicall ; each would convert all into their owne proper substance , and cast forth as excrement what will not so be changed . we need not cite philip the father of alexander , nor philip the father of perseus , kings of macedon for examples . of which the former brought the thessalians , the latter would have brought the acheans and many estates in greece from the condition of followers and dependants unto meer vassallage . philip the second of spaine is yet fresh in mind , who attempted the self same upon the netherlands . exceptions may be framed here against one , of the honest , quiet , or timerous disposition of some princes , yet that all , or the most are thus inclined , both reason and experience teach : yea even our cities and corporations here in england , such as need the protection of great men , complaine otherwhiles of their patrons overmuch diligence , either in searching into their private estates , or behaving themselves master-like in point of government , but never hath authority better means to enlarge it self , then when it is founded upon devotion . and yet never doth authority of this kind , worke to raise it self unto meere dominion , untill it fall into the hands of those whose piety is more in seeming , then indeed . the leviticall priests , in the old law never arrogated unto themselves , any temporall or coactive power nor advanced their miters against the crowne of israel . they well understood what authority god had committed unto them and rested therewithall content . some wrangling hereabout hath been of late ; the popes flatterers labouring to prove , that the high priests of old were not meerly subject unto the kings of iuda , and men of better spirit and learning having shewed the contrary . but whatsoever befell in those dayes , when there was no king in israel , that is , before the reigne of saul , or after the captivity of babel , sure it is that the sons of aaron were alwaies obedient unto the sons of david , and acknowledged them their lords . as for the race of the maccabees , that held both the kingdome and the priesthood at once , it falls not within this consideration ; the first thereof ( of whom i read ) that used the advantage of honour given to him in matter of religion towards the getting of temporal possession , was ( if nor mahomet himselfe ) abubachar the successor unto mahomet , this man having obteined by help of his friends , the miserable happinesse of being chosen heire unto that foole impostor in his dignity of a prophet , made it one of his first works to dispoile poor aliffe the nephew of mahomet , and heire of his great riches , taking al from him by this pretence , that unto whom belonged the succession in wisdome , unto him also belonged the succession in wealth . and this grew presently to be a famous question among the doctors of the saracen law. but howsoever it were then decided , we see now the muphti of high prelate , who is the only oracle among the turkes in spirituall matters , lives and holds all that he hath at the discretion of the great sultan . neverthelesse it should seeme that the doctrine of abubachar , hath not lost all force , for the examples are many in all saracen lands , of prophets or deceivers which got that name , that never rested untill they became kings . the seriph in barbarie , was one of the last : who having once acquired the opinion of an holy man , afterward found means to become a captain , and lord of a small territory ; and finally increased his followers , and withall his bounds so fast and so far , as having made himself king of morocca , he had the grace to tell the king of fessy , ( lately his soveraigne ) that both fesse and all kingdomes in those parts were belonging to his own holinesse ; and this he made good by winning all sooner after . whether the claime which the popes laid to a supremacie over all kingdomes and estates , had not affinity with the principle of abubachar , let other men judge that their practises to mainetaine it , have been sutable to those of seriffo , all historians doe testifie . for when pope gregory the second , procured the citie of rome , and some other places in italie to rebell against the emperour leo , the third , what other colour used he , then that himself had excommunicated leo , as an ungodly prince , for breaking downe images , that were worshipped in churches , when for this treason paul the exarch , leiutenant unto the emperour , besieged rome with the assistance of lueitpraud king of the lumbards , by what other art did the pope remove the siege , then by perswading the lumbard with a tale of peter , and paul , that had consecrated the citie of rome with their pretious blood . thus was devotion made the cloake for treason ? and thus did the popes first slip their necks out of the emperours coller . within very few years after this , by the like religious pretext were those princes of france , charls martell , pepine , and charlemaine , won to assist the papacie , against the lumbards , yea , to give unto st. peter , the most of those lands which the pope now holds in italie , and not restore them to the emperour , from whom the lumbards had gotten them . and thereunto pepine , was perswaded for his souls health . yet had pope zachary through the opinion that went of his holinesse , done a notable good office for pepine before , when he released the frenchmen of their oath to king chilperick , and was the cause that pepine was chosen in his stead , by saying , that rather he should be king who did the kings duty , then he that did it not . in like manner did pope leo recompense the benefits of charlemaine , by setting him up as emperour in the west against those of constantinople : but in these mutuall offices , the popes did only help with gracefull words to adorne that might which pepine and charlemaine had before acquired . whereas these kings used force of arms to erect the papacy in principallity ; that was held yet in vassallage unto themselves . now this could not satisfie the ambition of that see , which gloried falsly to be the only see apostolique . for as the reputation of the romane prelats grew up in those blind ages under the westerne emperours , much faster then true piety could raise it , in former times when better learning had flourished ; so grew up in them withall a desire , of amplifying their power , that they might be as great in temporall forces as mens opinion have formed them in spirituall matters . immediately therefore upon the death of charlemaine , they began to neglect the emperours consent in their elections . and finding in them that afterwards reigned of the house of france , either too much patience or too much weakenesse , they were bold , within seaventy years to decree , that in the creation of popes , the emperour should have nothing at all to doe . having obteined this , it followed that they should make themselves lord over the whole clergie in all kingdomes . but the worke was great , and could not be accomplished in hast , for they were much disturbed at home by the people of rome ; who seeing about fifty popes or rather ( as mainetainers of the papacie , would now have them called ) monsters to succeed one another , and attaine by the faction of cut-throats , and strumpets , st. peters chaire , despised that hypocrisy , which the world abroad did reverence as holinesse . likewise the empire falling from the line of charles , to the mighty house of saxonie , was so strongly upheld by the first princes of that race , as it greatly curbed the ambition of those aspiring prelats . yet no impediment could alwaies be of force to withstand the violence of seeming sanctity . the polonians , hungarians , and some other farre removed nations , had yeilded themselves in subjection more then meerely spirituall , even to those popes whom italie knew to be detestable men . as for the romane citizens they were chastised by the sword , and taught to acknowledge the pope their lord , though they knew not by what right . long it was indeed ere they could with much adoe be throughly tamed , because they knowing the lewdnesse of their prelate and his court , their devotion , unto him ( the trade by which now they live ) was very small . because also they were the popes domesticall forces , against which no prince doth happily contend . but finally the popes armes prevailed , or when his owne were too weake , the emperours and other friends were helping . contrariwise against emperours and other princes , the sword of the people even of their owne subjects hath been used by teaching all christians in our westerne world a false lesson . that it is lawfull and meritorious to rebell against kings excommunicated and deposed by the pope . this curse was first laid upon the emperour , henry the fourth by pope hildebrand or gregory the seaventh . it is true ( as i said before ) that leo of constantinople had felt the same though not in the same sort . for leo being excommunicated was not withall deposed ; only he suffered a revolt of some italian subjects . and one may say , that the germane empire deserved this plague , since the founder thereof had given countenance to the popes rebelling against their soveraigns the emperours of constantinople . howsoever it were when hildebrand had accursed and cast downe from his throne henry the fourth , there were none so hardy as to defend their injured lord , against the counterfeited name of st. peter ; wherefore he was faine to humble himselfe before hildebrand , upon whom he waited three daies beare footed in the winter ere he could be admitted into his presence , neither yet could he otherwise get absolution , then by submitting his estate unto the popes good pleasure , what was his fault ? he had refused to yeild up to the pope , the investiture of bishops , and collation of ecclesiasticall dignities within his dominions , a right that had alwayes belonged to princes untill that day . it were superfluous to tell how grievously he was afflicted all his life after ; notwithstanding this submission . in breife the unappeasable rage of hildebrand and his successors , never left persecuting him , by raising one rebellion after an other ; yea his owne children against him , till dispoyled of his crowne , he was faine to beg food of the bishop of spyers , promising to earne it in a church of his own building , by doing there a clarks duty , for he could serve the quire , and not obteining this , he pined away and dyed . that bishop of spyers dealt herein perhaps rather fearfully , then cruelly , for he had to terrifie him , the example of vteilo archhishop of mentz chiefe prelate among the germans . who was condemned of heresie , for having denyed that the emperour might be deprived of his crowne by the popes authority . if princes therefore be carefull to exclude the doctrine of hildebrand out of their dominions , who can blame them of rigour ? this example of henry though it would not be forgotten , might have been omitted , had it not been seconded with many of the same nature . but this was neither one popes fault , nor one princes destiny ; he must write a story of the empire , that means to tell of all their dealings in this kind , as how they wrought upon henry the fifth , whom they had set up against his father , what horrible effusion of blood they caused , by their often thundering upon fredericke , and how they rested not untill they had made the empire stand headlesse about seaventeene years . these things moved rodolph earl of habspurgh who was chosen emperour after that long vacation to refuse the ceremony of being crowned at rome , though he were therero urged by the electors . for ( said he ) our caesars , have gone to rome , as the foolish beasts in aesops fables went , to the lyons den leaving very goodly footsteps of their journey thitherward , but not the like of their returne . the same opinion have most of the succeeding emperours held , all of them , or almost all neglecting that coronation . good cause why ; since the popes ( besides many extortions which they practised about that ceremony ) arrogated thence unto themselves , that the empire was held of them in homage , and dealt they not after the same fashion with other kingdomes ? what right had st. peter to the crowne of sicily , and of naples ? the romane princes wonne those lands from the saracens , who had formerly taken them from the empire of constantinople ; the same romanes had also been mighty defenders of the papacy in many dangers , yet when time served , the pope tooke upon him , as lord paramount of those countryes , to drive out one king , and set up another , with a bloody confusion of all italie ; retaining the soveraignty to himself . in france , he had the daring to pronounce himselfe superiour unto the king in all matters both spirituall and temporall . the crowne of poland he forced to hold of his miter by imposing a subjection in way of penance . for that the polish king had caused one st. stanislaus to be slaine . for the death of st. thomas beckett and ( more strangely ) for a refusall of an archbishop of canterbury whom his holinesse had appointed , he imposed the like penance upon england . also when our king edward the first , made warre upon the scots , word came from rome that he should surcease : for that the kingdome of scotland belonged unto the popes chappell . a great oversight it was of st. peter , that he did not accurse nero , and all heathen princes , whereby the popes chappell might have gotten all that the devill offered , and our saviour refused . yet what need was there of such a banne : since fryar vincent of valnarda could tell atatalipa king of peru : that all the kingdomes of the earth were the popes , who had bestowed more then halfe thereof upon the king of spaine . if the pope will have it so , it must be so ; otherwise i should have interpreted that place in genesis , increase and multiply and fill the earth , as spoken to noah , and his children , not as directed only to tubal , homer , and phatto , the supposed fathers of the old iberians , gothes , and moores , of whom the spanish blood is compounded . but of such impudent presumption in disposing of countryes farre remote , and whereto the sword must acquire a better title , the mischiefe is not presently discerned . it were well if his holinesse had not loved to set the world in an uproare by nourishing of war , among those that respected him as a common father . his dispensing with oaths taken for agreement between one king and another , or between kings and subjects , doe speake no better of him . for by what right was it , that fardinand of arragon won the kingdome of navar ? why did not the confederacie , that was between lewis the twelfth of france , and the venetians hinder that king from warring upon venice ? why did not the like between england , and france , hinder our king henry the eighth for warring upon the same king lewis ? was it not the pope who did set on the french , to the end that himself might get ravenna from the venetians ? why was it not the same pope , who afterwards ( upon desire to drive the french out of italie ) excommunicated lewis , and his adherents ? by vertue of which excommunication fardinand of arragon seized upon navarr . and served not the same warrant to set our henry upon the back of france ? but this was not our kings fault more then all the peoples . we might with shame confesse it , ( if other countries had not been as blindly superstitious as our fathers ) that a barque of apples blessed by the pope , and sent hither for presents unto those that would be forward in the war upon france , made all our english hasty to take armes , in such sort as the italians wondred , and laughed to see our men , no lesse greedy of those apples ( then eve , was of the forbidden fruit ) for which they were to hazard their lives in an unjust war. few ages have wanted such and more grievous examples of the popes tumultuous disposition , but these were amongst the last that fell out before his unholinesse was detected . now for his dispensing betweene kings and their subjects , we need not seeke instances far from home . he absolved our king iohn of an oath , given to his barons and people . the barons and people he afterwards discharged of their alleageance to king iohn . king henry the third , had appeased this land ( how wisely i say not ) by taking such an oath , as his father had done ; swearing as he was a knight , a christian , and a king. but in a sermon at paules , people were taught how little was to be reposed on such assurance , the popes dispensation being there openly read , which pronounced that oath voyde . good cause why . for that king had the patience to live , like neither knight , nor king , but as the popes tenant , and rent-gatherer of england . but when the same king adventured to murmure , the pope could threaten to teach him his duty with a vengeance . and make him know , what it was to winch and play the fredericke . thus we see what hath been his custome to oppresse kings by their people , and the people by their kings , yet this was for serving his owne turne . wherein had our king henry the sixt offended him ( which king pope iulius would after for a little money have made a saint ) neverthelesse , the popes absolving of rich : duke of yorke from that honest oath , which he had given by mediation of all the land to that good king occasioned both the dukes and the kings ruine . and therewithal those long and cruell wars betweene the houses of lancaster , and yorke , and brought all england into an horrible combustion . what he meant by this , i know not , unlesse to verifie the proverbe ; omnia romae venalia , i will not urge the dispensation , whereby the pope released king philip , the second of spaine , from the solemne oath by which he was bound to maintaine the priviledges of the netherlands , though this papall indulgence , hath scarce as yet left working , and been the cause of so many hundred thousands slaine , for this last forty years in the netherlands . neither will i urge the pope encouraging of henry the second , and his sons , to the last of them against the french protestants , the cause of the first three civill warres , and lastly of the leavyings of byrons , in which there hath perished no lesse number , then in the low-countryes . for our country it affords an example of fresh memory , since we should have had as furious warre , as ever both upon us , and amongst us , in the daies of our late famous soveraigne queene elizabeth , if pope pius his bull , could have gored , as well as it could bellow . therefore it were not amisse to answer by a herald , the next pontificall attempt of like nature , rather sending defiance ( as to an enemy ) then publishing answers as to one that had here to doe , though in deed he had never here to doe ( by any lawfull power ) either in civill or ecclesiasticall businesse , after such time as brittaine was won from the romane empire . for howsoever it were ordered in some of the first holy generall councills , that the bishop of rome , should be patriarch over these quarters , yea ; or it were supposed that the forged canons , by which he now challengeth more then precedency , and primacie , had also been made indeed : yet could this little help his claime in kingdomes , that hold not of the empire . for those right holy fathers , as in matters of faith , they did not make truth , but religiously expounded it : so in matters of ecclesiasticall government , they did not create provinces for themselves ; but ordered the countries which they then had . they were assemblies of all the bishops in the romane world , and with the romane dominion only they medled . requisite it is that the faith which they taught should be imbraced in all countryes , as it ought likewise to be entertained , if the same had been in like sort illustrated , not by them , but by a generall councill of all bishops in the great kingdome of the abissines , which is thought to have been christian even in those daies . but it was not requisite , nor is , that the bishops of abissines , or of india , should live under direction of the patriarch of alexandria , and antioch . questionlesse , those godly fathers of the nicene , and of the calcedonian councill so thought . for they tooke not upon them to order the church government in india , where st. thomas had preached , nor to range the subjects of prester iohn ( as we call him ) under any of themselves ; much lesse to frame an hierarchie upon earth , whereto men of all nations whatsoever should be subject in spirituall obedience . if constantine or his successors the romane emperours could have wonne all asia : like it is that in councils following more patriarchs would have been ordeined for the ecclesiasticall government of that large continent , and not all those vast countryes have beene left unto him of antioch or constantinople . but since contrariwise , the empire became looser , the patriarchs whose jurisdiction depended upon the empire , become loosers also . we grant , that even in the times of persecution , before christian bishops durst hold open assemblies , there was given especiall honour to the bishops that were over the chiefe cities ; that unity might the better be preserved and heresie kept out of the church ; but this honour was no more , then a● precedence , a dignity without coactive power , extending no further then to matter of religion , and not having to doe , save in the generall way of christian love with any strangers . we therefore , that are no dependants of the empire , ought not to be troubled with the authority ( be in what it may be ) with any assemblie● of godly fathers ( yet all subjects o● that empire , ordeined for their owne better government ) but rather should regard the bishop of rome , as the islanders of iersey , and garnsey , doe him of constance in normandie , that is nothing at all : since by that french bishops refusall to sweare unto our king , those isles were annexed to the diocesse of winchester . finis . excellent observations and notes , concerning the royall navy and sea-service . having formerly ( most excellent prince ) discoursed of a maritimall voyage , and the passages and incidents therein , i thinke it not impertinent nor differing from my purpose , to second the same with some necessary relations concerning the royall navy , with the services and offices thereto belonging . for , as the perfection and excellency of our shipping is great and remarkeable , so the imperfections and defects of the same by use and experience of late years , have been found to be divers and inconvenient , as it falls out many times in the circumstances of land-service by the change of armes , diversities of fortifications , and alteration of discipline . and therefore for the due reformation , many things are necessarily and particularly to be spoken and considered of in their order . in regard whereof , i will first begin with the officers , and therein crave pardon ( if in speaking plainly and truly in a matter of so great importance ) i doe set aside all private respects and partiality . for in that which concerns the service and benefit of my prince and country , i will say with cicero , nil mihi melius , nil mihi charius . and therefore not justly to be taxed with any presumption for medling with matters wherein i have no dealings nor charge . for that in the affaires of this nature , every good subject is deeply interessed , and bound in conscience and duty both to say and doe his best . of the officers of the navy . first therefore , it were to be wished , that the chiefe officers under the lord admirall ( as vice-admirall , treasurer , controller , surveyor ; and the rest ) should be men of the best experience in sea-service , aswell as of judgement and practise in the utinsells and necessaries belonging to shipping , even from the batts end to the very kilson of a ship. and that no kind of people should be preferred to any of these offices , but such as have been throughly practised , and be very judiciall in either kind of the above named services ; but we see it oftentimes to fall out otherwise . for sometimes by the speciall favour of princes , and many times by the mediation of great men for the preferment of their servants , and now and then by vertue of the purse , and such like means , some people very raw and ignorant , are very unworthily and unfitly nominated to those places , when men of desert and ability are held back and unpreferr'd , to the great hinderance of his majesties service , to the prejudice of the navy , and to the no little discouragement of ancient and noble able servitors , when favour or partiality shall eat out knowledge and sufficiency , in matters so neerly concerning the service and safety of the kingdome , wherein all private respects should be laid apart , and vertue truly regarded for it selfe . of the building of ships . secondly , it were no lesse behoovefull for his majesties service , and for the strength of the navy , that no ships should be builded by the great , as divers of them have been ; for by daily experience they are found be the most weake , imperfect , and unserviceable ships of all the rest . and it is not otherwise to be presumed , but as the officers would bee thought to be very frugall for his majesty in driving a bargaine by the great at a neere rate with the shipwright , so likewise the shipwright on his part will be as carefull to gaine by his labour , or at least to save himselfe harmlesse , and therefore suite his worke slightly according to a slight price . out of the which present sparing and untimely thrift , there grows many future inconveniences and continuall charge in repayring and reedifying such imperfect slight built vessells . the proofe and experience whereof hath been often found in new shipps built at those rates , but so weakly , as that in their voyages , they have been ready to founder in the seas with every extraordinary storme , and at their returne been enforced to be new built . but seeing the officers of the admiralty doe hold ( by the grace of his majestie ) places of so good credit and benefit , it is their parts therefore ( being well waged and rewarded for the same ) exactly to look into the sound building of ships , and to imploy their care and travell aswell in the oversight thereof , as to provide that all things else belonging to the navy be good and well conditioned : for the strong and true building of a ship is not to be left barely to the fidelity of a marchanticall artificer ( the chiefe end of whose worke in his owne accompt is his profit and gaine ) but some superior officer ought to have a further regard in that businesse , if he be such a one as hath more judgement in the building and conditioning of a ship , then devotion to his owne ease and profit . moreover if any decayed ship be intended to be new made , it is more fit and profitable to make her a size lesse then she was , then bigger ; for then her beams which were laid over-thwart from side to side , will serve againe , and most of her tymbers and other parts will say well to the building of a new ship . but if she should be made a size bigger , the tymber of the old will be unprofitable for that purpose ; we find by experience , that the greatest ships are least serviceable , goe very deep to water and of marvellous charge and fearefull cumber , our channells decaying every year . besides , they are lesse nimble , lesse maineable , and very seldome imployed . grande navio grande fatica , saith the spaniard , a ship of tuns will carry as good ordnance , as a ship of . tuns , and though the greater have double her number , the lesser will turne her broad sides twice , before the greater can wend once , and so no advantage in that overplus of ordnance . and in the building of all ships , these six things are principally required . . first , that she be strong built . . secondly , that shee bee swift . . thirdly , that she be stout sided . . fourthly , that she carry out her guns all weather . . fifthly , that she hull and try well , which we call a good sea-ship . . sixthly , that shee stay well , when bourding and turning on a wind is required . . to make her strong consisteth in the truth of the workeman , and the care of the officers . . to make her sayle well is to give a long run forward , and so afterward done by art and just proportion . for as in laying out of her bows before and quarters behind , she neither sinck into , nor hang in the water , but lye cleare off and above it , and that the shipwrights be not deceived herein ( as for the most part they have ever been ) they must be sure , that the ship sinck no deeper into the water , then they promise , for otherwise the bow and quarter will utterly spoile her sayling . . that she bee stout , the same is provided and performed by a long bearing floore , and by sharing off above water even from the lower edge of the ports . . to carry out her ordnance all weather , this long bearing floore , and sharing off from above the ports is a chiefe cause , provided alwayes , that your lowest tyre of ordnance must lye foure foot cleare above water when all loading is in , or else those your best pieces will be of small use at the sea in any growne weather that makes the billoe to rise , for then you shall be enforced to take in all your lower ports , or else hazard the ship. as befell to the mary rose ( a goodly vessell ) which in the days of king hen. . being before the isle of wight with the rest of rhe royall navy , to encounter the french fleet , with a suddain puff of wind stooped her side , and tooke in water at her ports in such abundance , as that she instantly sunck downeright and many gallant men in her . the captaine of her was sir george carew knight , who also perished among the rest . . to make her a good sea-ship , that is to hull and trye well , there are two things specially to be observed , the one that she have a good draught of water , the other that she be not overcharged , which commonly the kings ships are , and therefore in them we are forced to lye at trye with our maine course and missen , which with a deep keel and standing streake she will performe . . the hinderance to stay well is the extreame length of a ship , especially if she be floaty and want sharpnesse of way forwards , and it is most true , that those over long ships are fitter for our seas , then for the ocean , but one hundred foot long and five and thirty foot broad , is a good proportion for a great ship . it is a speciall observation , that all ships sharpe before , that want a long floore , will fall roughly into the sea and take in water over head and ears . so will all narrow quartered ships sinck after the tayle . the high charging of ships is it that brings them all ill qualities , makes them extreame leeward makes them sinck deep into the water , makes them labour and makes them overset . men may not expect the ease of many cabbins and safety at once in sea-service . two decks and a half is sufficient to yield shelter and lodging for men and marriners and no more charging at all higher , but only one low cabbin for the master . but our marriners will say , that a ship will beare more charging aloft for cabbins , and that is true , if none but ordinary marryners were to serve in them , who are able to endure , and are used to the tumbling and rowling of ships from side to side when the sea is never so little growne . but men of better sort and better breeding would be glad to find more steadinesse and lesse tottering cadge worke . and albeit the marriners doe covet store of cabbins , yet indeed they are but sluttish dens that breed sicknesse in peace , serving to cover stealths , and in fight are dangerous to teare men with their splinters . of harbouring and placing the navy . there are also many and great reasons why all his majesties navy should not in such sort be pen'd up as they are in rochester-water , but only in respect of the ease and commodity of the officers , which is encountred with sundry inconveniences for the sea-service , the dificulty being very great to bring them in or out at times of need through so many flats and sands , if wind and weather be not very favourable . besides , they must have sundry winds to bring them to the lands end , and to put them to the seas , which oftentimes failes , and causeth delay when hast is most needfull . for if any service be to be done upon the south parts of england , as the wight , portsmouth , the islands of garnsey and iersey , or westward towards devon-shire or cornwall , or towards wales or ireland , it is so long ere his majesties shipping can be brought about to recover any of these places , as that much mischiefe may be done the while . for the same winds that bring in the enemy , binds in our shipping in such sort , as that oftentimes in a months space they are not able to recover the neerest of any of these above named coasts . but how perillous a course it is , is easily discerned , and as easily remedyed , seeing there are besides so many safe and good harbours to disperse and bestow some of the navy in , where they may ever lye fit for all services , as portsmouth ; dartmouth , plymouth , falmouth , milford and divers others , all of them being harbours very capable and convenient for shipping . but perhaps it will be alleadged , that they cannot ride in any of these so safe from enemies as in rochester-water , because it reacheth far within the land , and is under the protection of some blockhouses . to which i answer this , that with very easie care and provision , they may in most of these places ride sufficiently secure from any forraine practises . and i doe not meane that all the whole navy should be subdivided into all these ports , but that some halfe dozen or eight of the midling ships , and some pynnaces should lye in the west , and yet not in any port so neere the sea , as that in a darke night they may be endangered by enemies with fire or otherwise , but in some such places as ashwater is by plymouth , where an enemy must run up a fresh river , a dozen miles after he hath passed the forts of the island , and the alarum given , before he can come where they lye at anchor . in which river the greatest charack of portugall may ride a float ten miles within the forts . but if regard be only had of their safe keeping , and not also of their readinesse and fitnesse for service , then let them never be sent abroad to be hazarded against the enemies forces ; for therein they shall be more subject to casualitie and danger , then by lying in any of these harbours above specified . but certaine it is , that these ships are purposely to serve his majesty , and to defend the kingdom from danger , and not to so be penn'd up from casualitie , as that they should be the lesse able or serviceable in times of need . and therefore that objection favours not of good reason , but rather of selfe respect in the officers , who are all for the most part well seated neer about rochester . but the service of his majesty , and the safety of the realme ( in my poore opinion ) ought to prevaile beyond all other respects whatsoever : and to him that casts those needlesse doubts , it may well be said , pereat qui timet umbras . of the needfull expence in manning the navy and other inconveniences by placing all the fleet in rochester-water . if the service of the shipping lying for any of these places above named , or for spaine , or for the islands , they are enforced of very necessity to presse the best and greatest part of their men out of the west countries , which is no small charge in bringing them so far as between that and rochester , and then when they are imbarqued at rochester , their charge is againe redoubled in their pay and expence of victualls , before the ships can recover so farre as plymouth , which many times is long a doing , for they doe ever usually touch at plymouth in all southerne voyages , for the furnishing many sea-necessaries , which that country doth afford . and therefore for so many ships as should be there resident , the charges of conduct money for marryners , of wages and of victualls , would be well saved for all that time , which is spent betwixt rochester and plymouth . besides , it were to be presumed , that enemies would not be so troublesome to the westerne coasts , nor that country it self would be so often dismayed with alarums as they have of late years been , if some of his majesties good ships were resident in those parts . if therefore in his majesties wisdome it should appeare fit , to bestow some of his shipping in any of these harbours aforenamed , it shall be very needfull likewise that there be a magazin of all manner of necessary provisions and munitions in the same places , according to the proportion of the shipping that there shall be resident , whereby such defects as by accident may fall out , shall upon any occasion be readily supplyed without delays or hindrance of service : and that withall in the same places , some officers belonging to the admiralty be there alwayes attendant , otherwise it would be found very inconvenient to be enforced ever to attend such helps and supplies as must come so far off as london , when it may more easily and with lesse charge be effected in places where they ride . of great ordnance . it was also very behoovefull , that his majesties ships were not so overpestred and clogged with great ordnance as they are , whereof there is such superfluity , as that much of it serves to no better use , but only to labour and overcharge the ships sides in any growne seas and foule weather . besides many of the ships that are allowed but twenty gunners , have forty piece of brasse pieces , whereas every piece at least requires foure gunners to attend it , and so that proportion of ordnance to so few gunners , very preposterous : for when a ship seels or roules in foule weather , the breaking loose of ordnance is a thing very dangerous , which the gunners can hardly prevent or well looke into , they being so few , the gunnes so many ; withall we doe see , that twenty or thirty good brasse pieces , as cannon , demicannon , culverin , and demiculverin , is a royall batterie for a prince to bring before any towne or strong fortresse . and why should not we as well thinke the same to be a very large proportion for one ship to batter another withall ? which if it be , then may his majesty ratably save a great part of the ordnance throughout every ship , and make the navy the more sufficient and serviceable , and thereby also save a great deale of needlesse expence in superfluous powder and shot , that is now pretended to be delivered out according to this huge and excessive proportion of artillery , whereof if many had not been stricken downe into holt in many voyages and ( especially in this last journey to the islands ) divers of the ships , weight , heaft , and charge thereof , would have foundered in the sea : wherein i report me to such as have served in them , and saw the proofe thereof . for this journey to the islands , did most of all others , discover unto us these experiences and tryalls in the royall navy , for that it was the longest navigation that ever was made out of our realme , with so many of the princes ships , and tarrying out so late in the year , whereby both the winds and seas had power and time throughly to search and examine them . besides many times , there is no proportion of shot and powder allowed rateably by that quātity of the great ordnance , as was seen in the sea-battaile with the spaniards in the yeare . when it so neerly concerned the defence and preservation of the kingdome . so as then many of those great guns wanting powder and shot , stood but as cyphers and scarcrowes , not unlike to the easterling hulkes , who were wont to plant great red port-holes in their broad sides , where they carryed no ordnance at all . of calking and sheathing his majesties ships . there is a great error committed in the manner of calking his majesties ships , which being done with rotten ocum , is the cause they are leaky , and the reason is this , for that they make their ocum wherewith they calke the seams of the ships , of old seere and weather-beaten ropes , when they are overspent and growne so rotten , as they serve for no other use but to make rotten ocum , which moulders and washes away with every sea , as the ships labour and are tossed , whereas indeed of all other things , the most speciall & best choice would be made of that stuffe to have it both new and good , for that sparing to imploy old rotten ropes , is a great defect either in the building of new ships , or in the repairing of old , and is the cause why after every journey they must be new calked . and therefore it were much to be wished , as a thing fit for his majesties service , profitable for the navy , and happy for those that shall serve in them , that the whole navy throughout were all sheathed , as some of them are . the benefit and good whereof for sea-service is manifold , and no lesse frugall for his majesty in making his ships as strong and lasting thereby , as they are otherwise good of sayle . and then shall they never need ( scarcely once in ten years ) this new calking and repayring which now almost every yeare they have . and hereof let the censure be taken of the best seamen of england , and they will not vary from this opinion . of victualling . as his majesties due allowance for victualling of ships is very large and honourable , and would be greatly to the incouragement and strengthning of the marriners and souldiers that serve in them , if it were faithfully distributed , the sea-service ( indeed ) being very miserable and painfull , so againe as it is abused and purloyned , it is very scant and dishonourable to the great slander of the navy , to the discouragement of all them that are prest thereunto , and to the hinderance of his majesties service . for that many times they goe with a great grudging to serve in his majesties ships , as if it were to be slaves in the gallyes . so much doe they stand in feare of penurie and hunger ; the case being cleane contrary in all merchants ships , and therefore the purveyors and victuallers are much to be condemned , as not a little faulty in that behalfe , who make no little profit of those polings which is cause very lamentable , that such as sit in ease at home , should so raise a benefit out of their hunger and thirst , that serve their prince and country painfully abroad , whereof there hath a long time been great complaining , but small reformation . of beere caskes . there is also daily proofe made , what great inconveniences growes by the bad caske which is used in his majesties ships being commonly so ill seasoned and conditioned , as that a great part of the beere is ever lost and cast away , or ( if for necessity it be used ) it breeds infection , and corrupts all those that drinke thereof . for the victuallers for cheapnesse will buy stale caske that hath been used for herring , traine oyle , fish , and other such unsavory things , and thereinto fill the beere that is provided for the kings ships . besides the caske is commonly so ill hooped , as that there is wast and leaking made of the fourth part of all the drinke were it never so good , which is a great expence to his majesty , a hinderance of service , and a hazard of mens lives , when the provision failes so much and answers not the accompt . the which might easily be redressed , if the caske for his majesties shipping , were purposely hooped in such sort as wine caske is , or else hooped with iron , which would ever serve and save that continuall provision of new caske , which now falls out every voyage . but this course were more profitable for his majesty then for his officers , and therefore unpleasing to be spoken of , but yet such as serve in the ships have good cause to wish the reformation thereof . of the cookroomes in his majesties ships . and whereas now the cookroomes in all of his majesties ships are made below in hold in the wast , the inconveniences thereof are found many wayes by daily use and experience . for first it is a great spoile and annoyance to all the drinke and victualls which are bestowed in the hold , by the heat that comes from the cookroome . besides , it is very dangerous for fire , and very offensive with the smoake and unsavory smells which it sends from thence . moreover it is a great weakening to a ship to have so much weight and charge at both the ends , and nothing in the mid-ship , which causeth them to warpe , and ( in the sea-phrase ; and with marriners ) is tearmed camberkeeld : whereas if the cookroomes were made in the forecastle ( as very fitly they might be ) all those inconveniences above specified , would be avoyded , and then also would there be more roome for stowage of victualls , or any other necessary provisions , whereof there is now daily found great want . and the commoditie of this new cookroome the merchants have found to be so great , as that in all their ships ( for the most part ) the cookroomes are built in their fore-castles , contrary to that which hath been anciently used . in which change notwithstanding , they have found no inconvenience to their dressing of meat in foule weather , but rather a great ease , howbeit their ships goe as long voyages as any , and are for their burdens aswell mann'd . for if any stormes arise , or the sea grow so high as that the kettle cannot boyle in the forecastles , yet having with their beere and bisket , butter and cheese , and with their pickled herrings , oyle , vineger and onions , or with their red herrings and dry sprats , oyle and mustard , and other like provisions that needs no fire , these supply and varieties of victualls , will very sufficiently content and nourish men for a time , until the storme be over blowne that kept the kettle from boyling . of mustering and pressing able marriners . as concerning the musters and presses for sufficient marriners to serve in his majesties ships , either the care therein is very little , or the bribery very great , so that of all other shipping , his majesties are ever the worst manned , and at such times as the commissioners commissions come out for the pressing of marriners , the officers doe set out the most needy and unable men , and ( for considerations to themselves best knowne ) doe discharge the better sort , a matter so commonly used , as that it is growne into a proverbe amongst the saylers , that the mustermasters doe carry the best and ablest men in their pockets , a custome very evill and dangerous , where the service and use of men should come in tryall . for many of those poore fishermen and idlers , that are cōmonly presented to his majesties ships , are so ignorant in sea-service , as that they know not the name of a rope , and therefore insufficient for such labour . the which might easily bee redressed ; if the vice-admirall of the shire where men are mustered , and two justices had directions given , to joyn with the muster-masters for the pressing of the best men whom they well know , and would not suffer the service of their prince and country to be bought and sold , as a private muster-master would doe . besides , the captains themselves of the ships , if they bee bare and needy ( though pitty it were that men of such condition should have such charge committed unto them ) wil oftentimes for commodity chop and change away their good men , and therefore it were fitly provided to bridle such odd captains , that neither they themselves , nor any of their men , should receive his majesties pay but by the pole , and according as they were set downe in the officers books when they were delivered without changing of any names , except to supply such men as are wanting by death or sicknesse , upon good testimonie under the hands of the master , the boat swayne , the master gunner , the purser and other officers of the ship . for it neerly concerns them to looke well thereunto , having daily use of them . of arms and munition . it were a course very comfortable , defensive and honourable , that there were for al his majesties ships a proportion of swords , targets of proof , moryons , and curatts of proofe , allowed and set downe for every ship according to his burthen , as a thing both warlike , and used in the king of spains ships , the want whereof as it is a great discouragement to men if they come to any neere fight or landing , so would the use thereof be a great annoyance and terrifying to the enemy . and herein should his majesty need to be at no extra-ordinary expence : for the abating of the superfluous great pieces in every ship , with their allowance for powder , match and shot , would supply the cost of this provision in very ample manner . of captains to serve in his majesties ships . at al such times as his majest . ships are imployed in service , it were very convenient that such gentlemen as are his majesties owne sworne servants , should be preferred to the charge of his majesties ships , choice being made of men of valour , and capacitie ; rather then to imploy other mens men , and that other of his majesties servants should be dispersed privately in those services to gaine experience , and to make themselves able to take charge . by the which means his majestie should ever have gentlemen of good accompt his owne servants , captains of his owne ships , instead of pettie companions and other mens servants , who are often imployed , being ( indeed ) a great indignity to his majesty , to his shipping and to his owne gentlemen . for that in times past , it hath been reputed a great grace to any man of the best sort , to have the charge of the princes ship cōmitted unto him , and by this means there would ever be true report made unto the pr. what proceedings are used in the service , which these meaner sort of captains dare not doe , for feare of displeasing the lords their masters , by whom they are preferred , or being of an inferiour quality , have no good accesse to the presence of the prince , whereby to have fit opportunity to make relation accordingly . but now forasmuch as i doubt not , but that some contrary spirits may or will object this as a sufficient reason to infirme all those points that i have have formerly spoken of , and say unto me , why should his majesty and the state bee troubled with this needlesse charge of keeping and maintaining so great a navy in such exquisite perfection , and readinesse ? the times being now peaceable , and little use of armes or ships of warre , either at home or abroad , but all safe and secure , aswell by the uniting of the two nations , as by the peace which we hold with spaine , and all other christian princes . to this i answer , that this ( indeed ) may stand ( at the first sight ) for a prettie superficiall argument to bleare our eys , and lull us asleep in security , and make us negligent and carelesse of those causes from whence the effects of peace grows , and by the vertue whereof it must be maintained . but we must not flatter and deceive our selves , to thinke that this calme and concord proceeds either from a setled immutable tranquillity in the world ( which is full of alterations and various humours ) or from the good affections of our late enemies , who have tasted too many disgraces , repulses , and losses , by our forces and shipping , to wish our state so much felicity as a happy and peaceable government , if otherwise they had power to hinder it . and therefore though the sword be put into the sheath , we must not suffer it there to rust , or stick so fast , as that we shall not be able to draw it readily when need requires . for albeit our enemies have of late years sought peace with us , yet yet hath it proceeded out of the former tryall of our forces in times of war and enmity . and therefore we may well say of them as anneus ( pretor of the latines ) said of the roman ambassadours , who seemed curious and carefull to have the league maintained betweene them ( which the roman estate was not accustomed to seeke at their neighbours hands ) and thereupon saith this anneus , unde haec illis tanta modestia nisi ex cognitione virium & nostrarum & suarum . for with the like consideration and respect have our late enemies sought to renew the ancient friendship and peace with us . and well we may be assured , that if those powerfull means whereby we reduced them to that modesty and curtesie as to seeke us , were utterly laid aside and neglected , so as we could not againe upon occasion readily assume the use and benefit of them , as we have done , those proud mastering spirits , finding us at such advantage , would be more ready and willing to shake us by the ears as enemies , then to take us by the hands as friends . and therefore far be it from our hearts to trust more to that friendship of strangers , that is but dissembled upon policy and necessity , then to the strength of our owne forces , which hath been experienced with so happy successe . i confesse that peace is a great blessing of god , and blessed are the peacemakers , and therefore doubtlesse blessed are those means whereby peace is gained and maintained . for well we know that god worketh all things here amongst us mediatly by a secondary means , the which meanes of our defence and safety being shipping , and sea-forces , are to be esteemed as his guifts , and then only availeable and beneficiall , when he withall vouchsafeth his grace to use them aright . finis . sir walter rawleigh his apologie . if ill successe of this enterprise of mine had bin without example , i should have needed a large discourse and many arguments for my justification , but if the atempts of the greatest princes of europe , both among themselves and against the great turk , are in all moderne histories left to every eye to peruse . it is not so strange that my selfe being but a private man , and drawing after me the chaines and fetters whereunto i have been thirteen yeares tyed in the tower , being unpardoned and in disgrace with my soveraigne lord , have by other mens errours failed in the attempt i undertooke . for if that charles the fifth returned with unexampled losse , i will not say dishonour , from algire in africa : if king sebastian lost himselfe and his army in barbary : if the invincible fleet and forces of spaine in eighty eight were beaten home by the lord charles howard admirall of england : if mr. strozzi the count brizack the count of vinnnoso and others , with the fleet of fifty eight sayle and six thousand souldiers , encountered with far lesse numbers could not defend the terceres . leaving to speake of a world of other attempts furnished by kings and princes . if sir francis drake , sir iohn hawkins and sir thomas baskervile men for their experience and valour as eminent as england had any , strengthned with divers of her majesties ships , and fild with souldiers at will , could not possesse themselves of the treasure they sought for , which in their view was imbarked in certaine frigotts at puerto rico , yet afterward they were repulsed with fifty negroes upon the mountains of vasques numius , or sierra de capira in their passage towards panania : if sir iohn norris ( though not by any fault of his ) failed in the attempts of lysbone and returned with the losse , by sicknesse and otherwise , of eight thousand men . what wonder is it , but that mine ( which is the last ) being followed with a company of voluntiers who for the most part had neither seen the sea nor the warres , who , some forty gentlemen excepted , had we the very scumme of the world : drunkards , blasphemers and such others as their fathers brothers and freinds thought it an exceeding good gaine to be discharged of them with the hazard of some thirty forty or fifty pounds , knowing they could not have liv'd a whole yeare so cheape at home : i say what wonder is it , if i have failed , where i could neither be present my selfe , nor had any of the commanders ( whom i most trusted ) living , or in state to supply my place ? now , where it was bruted , both before my departure out of england and by the most men beleived , that i meant nothing lesse then to go to guiana : but that being once at liberty and in mine owne power , having made my way with some forraigne prince i would turne pyratt and utterly forsake my countrey . my being at guiana , my returning into england unpardoned , and my not takeing the spoile of the subj . of any christian prince , hath ( i doubt not ) detroyed that opinion . but this is not all : for it hath been given out by an hypocritticall theife who was the first master of my shipp : and by an ungratefull youth which waited upon me in my cabbin , though of honourable worthy parents : and by others : that i carryed with me out of england twenty two thousand peices of twenty two shillings the peice , and thererefore needed not , or cared not to discover any mine in guiana , nor make any other attempt elsewhere : which report being carried secretly from one to an other in my ship , and so spread through all the ships in the fleet which staid with me at trenidado while our land-forces were in guiana , had like to have been my utter overthrow in a most miserable fashion ; for it was consulted when i had taken my barge and gone a shoare ( either to discover or otherwise as i often did ) that my ship should have set saile and left me there , where either i must have suffered famine , been eaten with wilde beasts , or have fallen into the hands of the spaniards and been flayed alive as others of the english , which came thither but to trade only , had formerly been . to this report of riches , i make this protestation , that if it can be prooved , either now or hereafter , that i had in the world , either in my keeping or in my power , either directly or indirectly in trust or otherwise , above one hundred peices when i departed london , of which i had left forty five peices with my wife , and fifty five i carried with me : i acknowledge my selfe for a reprobate , a villaine , a traitor to the king , and the most unworthy man that doth live , or ever hath liv'd upon the earth . now where the captaines that left me in the indies , and captaine baily , that ran away from me at cancerota , have , to excuse themselves , objected for the first , that i lingered at plimouth when i might have gone thence , and lost a faire wind and time of the yeare , or to that effect . it is strange that men of fashion and gentlemen should so grosly bely their owne knowledge : and that had not i lived nor returnd to have made answer to this faction , yet all that know us in plimouth and all that we had to deale withall knew the contrary . for after i had stayed at the isle of wight divers daies ; the thunder , commanded by sir warram st. leger by the negligence of her master , was at lee in the thames ; and after i arrived at plimouth , captaine pennington was not come then to the isle of wight , and being arrived there , and not able to redeeme his bread from the bakers , he rode back to london to intreat help from my wife to pay for it , who having not so much money to serve his turne , she wrote to mr. wood of portsmouth and gave him her word for thirty pounds , which shee soone after payd him , without which ( as pennington himselfe protested to my wife ) he had not bin able to have gone the journey : sir iohn ferne i found there without all hope of being able to proceed , having nor men nor mony ▪ and in great want of other provision , insomuch as i furnished him by my cozen herbert with a hundred pounds , having supplied himselfe in wales with a hundred pounds before his coming to plimouth : and procured him a third hundred pound from the worthy and honest deane of exeter doctor sutcliffe . captaine whitney , whome i also stayed for , had a third part of his victualls to provide , insomuch as having no mony to help him withall i sold my plate in plimouth to supply him . baily i left at the isle of wight , whose arrivall i also attended here some ten or twelve daies as i remember , and what should move baily only to leave me as he did at the canaries , from whence he might have departed with my love and leave , and at his returne to do me all the wrong he could devise , i cannot conceive ; he seemed to me from the begining not to want any thing , he only desired of me some ordnance and some iron-bound caske , and i gave it him ; i never gave him ill language nor offered him the least unkindnesse to my knowledge : it is true , that i refused him a french shallop which he tooke in the bay of portingall outward bound , and yet after i had bought her of the french , and paid fifty crownes ready mony for her if baily had then desired her he might have had her ; but to take any thing from the french , or from any other nation , i meant it not . true it is , that as many things succeeded both against reason and our best endeavours ; so it is most commonly true , that men are the cause of their owne misery , as i was of mine , when i undertooke my late enterprise without a pardon for all my company , having heard it avowed in england before they went , that the commission i had , was granted to a man who was non ens in law , so hath the want thereof taken from me both armes and actions : which gives boldnesse to every petty companion to spread rumours to my defamation and the wounding of my reputation , in all places where i cannot be present to make them knaves and lyars . it hath been secondly objected , that i put into ireland and spent much time there , taking care to revictuall my selfe and none of the rest . certainly i had no purpose to see ireland when i left plimouth , but being encountered with a strong storme some eight leagues to the westward of scilly , in which captaine chudleyes pinace was suncke , and captaine king thrust into bristoll : i held it the office of a commander of many ships , and those of divers saylings and conditions , of which some could hull and trye , and some of them beat it up upon a tack , and others neither able to doe the one nor the other , rather to take a port and keep his fleete together , then either to endanger the losse of masts and yardes ; or to have it severed farre asunder , and to be thrust into divers places . for the attendance of meeting them againe at the next randezvous , would consume more time and victuall , and perchance the weake ships might be set upon , taken , or disordered , then could be spent by recovering a harbour , and attending the next change of wind . that the dissevering of fleets hath beene the overthrow of many actions , i could give many examples , were it not in every mans knowledge . in the last enterprize of worth , undertaken by our english nation with three squadrons of ships , commanded by the earle of essex , the earle of suffolke and my selfe , where was also present the earle of southampton , if we being storme-beaten in the bay of alcashar or biscaye had had a port under our lee , that we might have kept our transporting ships with our men of war , we had in all likelihood both taken the indian fleet and the asores . that we staid long in ireland it is true , but they must accuse the clouds and not me , for our stay there ; for i lost not a day of a good wind : and there was not any captaine of the fleet but had credit or might have had for a great deale of more victualls then we spent there , and yet they had of me fifty beeves among them and somewhat else . for the third accusation , that i landed in hostile maner at lancerota ; certainly captaine baily had greate want of matter when he gave that for an excuse of his turning back , for i referr my selfe to mr. barney , who i know will ever justifie a truth , to whom ( when he came to me from captaine baily to know whether he should land his men with the rest ) i made this answer , that he might land them if it pleased him , or otherwise keepe them aboard , for i had agreed with the governor for a proportion of victuall which i hourely expected : and it is true , that the governor being desirous for to speake with me with one gentleman with him with their rapiers only , which i accepting , and taking with me leivetenant bradshaw , we agreed : that i should send up an english factor ( whose ship did then ride in the roade ) and that whatsoever the island could yeeld should be delivered at a reasonable rate ; i sent the english factor according to our agreement , but the governour put it off from one morning to an other , and in the end sent me word , that except i would imbarque my men which lay on the sea side , slanders were so jealous as they durst not sever themselves to make our provisions : i did so , but when the one halfe were gotten aboard two of our centinells forct , one slaine and the english factor sent to tell mee that he had nothing for us , whom he still believed to be a fleet of the turks , who had lately taken and destroyed puerto sancto . hereupon all the companies would have marched toward the towne and have sackt it , but i knew it would not only dislike his majesty , but that our merchants having a continuall trade with those islands , that their goods would have bin stayed , and amongst the rest , the poor english man riding in the road having all that he brought thither ashore , would have been utterly undone . hereof i complained to the governour of the grand canaries , whom i also desired that we might take water without any disturbance , but instead of answer , when we landed some hundred men , far from any habitation , and in a desart place of the island , where we found some fresh water , there ambush was layd , and one fisher of sir iohn fernes ship wounded to death , and more had been slain had not captaine thornburst and master robert hayman my sonnes lievtenant , two exceeding valiant gentlemen , who first made head against them , seconded by sir warham sentleger and my sonne with halfe a dozen more , made forty of them runne away . from hence because there was scarcity of water , we sayled to gomarrah , one of the strongest and well defenced places of all the islands and the best port : the towne being seated upon the very wash of the sea , at the first entrance of our ships , they shot at us , and ours at them , but as soone as i my selfe recovered the harbour , and had commanded that there should be no more shooting , i sent a spaniard a shore ( taken in a barque which came from cape blanke ) to tell the governour that i had no purpose to make warr with any of the spanish kings subjects , and if any harme were done by our great ordnance to the towne , it was his fault , which by shooting first gave the occasion . he sent me for answer that he thought we had beene the turkish fleet , which destroyed puerto sancto , but being resolved by the messenger that we were christians and english , and sought nothing but water , he would willingly afford us as much as we pleased to take , if he might be assured that we would not attempt his towne-houses , nor destroy the gardens and fruits ; i returned him answer that i would give him my faith , and the word of the king of great brittaigne my soveraigne lord , that the people of the town and island should not loose so much as one orange or a grape without paying for it , i would hang him up in the market-street . now that i kept my faith with him , and how much he held himselfe bound unto me : i have divers of his letters to shew , for he wrote unto me every day and the countesse being of an english race a stafford by mother , and of the house of horn by the father , sent me divers presents of fruits , sugar , and ruske : to whom i returned because i would not depart in her debt ) things of greater value ; the old earle at my departure wrot a letter to the spanish ambassador here in england how i had behaved my selfe in those islands . there i discharg'd a barke of the grand canaries taken by one of my pinnaces coming from cape-blank in africa , and demanding of him what prejudice he had recieved by being taken , he told me that my men had eaten of his fish to the value of sixe duckets , for which i gave him eight . from the canaries , it is said that i sayled to cape de verte knowing it to be an infectious place , by reason whereof i lost so many of my men ere i recovered the indies ; the truth is that i came no nerer to cape de vert then bravo , which is one hundred and sixty leagues off ; but had i taken it in my way , falling upon the coast or any other part of guiana , after the raines , there is as little danger of infection as in any other part of the world , as our english that trade in those parts every yeare doe well know ; there are few places in england or in the world neere great rivers which run through low grounds or neare moorish or marsh grounds , but the people inhabiting neare , are at some time of the yeare subject to feavers , witnes woollwich in kent and all down the rivers on both sides , other infection there is not found either in the indies or in affrica , except it be when the easterly wind or breefes are kept off by some high mountaines from the vallies , wherby the ayre wanting motion doth become exceeding unhealthfull as at nomber de dios and elsewhere . but as good successe admitts no examination , so the contrary allows of no excuse , how reasonable or just soever . sir francis drake , mr. iohn winter and iohn tomas , when they past the streights of malegan , meeting with a storme which drove winter back , which thrust iohn thomas upon the islands to the south where he was cast away , and sir francis nere a small island upon which the spaniards landed their cheins & murderers , from baldivia , and he found there phillip an indian who told him where he was and conducted him to baldivia , wher he took his first prize of treasure , and in that ship he found a pylot called john grege who guided him all that coast , in which he possest himselfe of the rest , which pylot because he should not rob him of his reputation and knowledge in those parts ( desisting the intreaties and teares of all his company ) he set him a shore upon the island of altegulors to be by them devoured . after which passing by the east-indies , he returned into england , and notwithstanding the peace between us and spaine , he enjoyed the riches he brought , and was never so much as called to accompt for cutting off douly his head at porte st. iulian having neither marshall law nor other commission availeable . mr. candish having past all the coasts of chyle and peru , and not gotten a farthing , when he was without hope , and ready to shape his course by the east homewards , met a ship which came from the phillippines at calestorvia , a thousand pounds to a nutshell . these two in these two voyages were the children of fortune , and much honored ; but when sir francis drake in his last attempt might have landed at cruces , by the river of chyagre within eight miles of panama , he notwithstanding set the troups on land at nomber de dios and received the repulse aforesaid , he dyed for sorrow . the same successe had candish in his last passage towards the streights . i say that one and the same end they both had , to wit drake and candish , when chance had left them to the tryall of their owne vertues . for the rest i leave to all worthy and indifferent men to judge , by what neglect or errour of mine , the gold mine in guiana which i had formerly discovered was not found and enjoyed , for after we had refreshed our selves in galleana , otherwise in the first discovery called poet howard , where we tarried captaine hastins , captaine pigott , and captaine snedall , and there recovered the most part of our sicke men . i did imbarque sixe companies of fifty to each company in five shipps , to wit , the encounter , commanded by captaine whitney , in the confidence by captaine woollastone , into two flyboats of my owne , commanded by captaine samuell king , and captaine robert smith , in a carvill which companies had for their leaders captaine charles parker , captaine north , my sonne , captaine thornhurst , captaine penjuglous lievtenant , and captaine chudlyes lievtenant prideux . at the tryangle islands i imbarked the companies for orrenoque between which and calliana i lay a ground twenty four houres , and if it had not been faire weather we had never come off the coast , having not above two fathome and a halfe of water : eight leagues off from whence , i directed them for the river of surniama , the best part of all that tract of land between the river amazones and orrenoque , there i gave them order to trim their boates and barges ; and by the indians of that place to understand the state of the spaniards in orrenoque , and whither they had replanted or strengthened themselves upon the entrances or elsewhere ; and if they found any indians there , to send in the little flyboate or the carvill into the river of dissebecke , where they should not faile to find pilots for orrenoque , for with our great ships we durst not aproach the coast we having been all of us a ground , and in danger of leaving our bands upon the shoules before wee recovered the tryangle islands as aforesaid ; the biggest shipp that could enter the river was the encounter , who might be brought to eleven foote water upon the bar , we could never understand neither by keymis , who was the first of any nation that had entered the maine mouth of orrenoque nor by any of the masters or marriners of our fleet , which had traded there ten or twelve yeares for tobaccho : for the chudley when she came nere the entrance , drawing but twelve foote , found her selfe in danger and bore up for trinidado . now whereas some of my friends have been unsatifised why i my selfe had not gone up with the companies i sent , i desire hereby to give them satisfaction , that besides my want of health and strength , and having not recovered my long and dangerous sicknesse , but was againe fallen into a relapse , my ship stoalde and layd a ground at seaventeene foote water , leagues of the shore , so as the mr. nor any of my company durst adventure to come neare it , much lesse to fall between the shoules on the south side of the rivers side , and sands on the north side called puncto anegado , one of the most dangerous places in all the indies : it was therefore resolved by us all , that the five greater ships should ride at puncto gallo in trinidado , and the five lesser should enter the river , for if whitney and woollaston at eleven foote lay a ground three daies in passing up , in what case had i been which drew seaventeene foote , a heavier ship and charged with forty pieces of ordnance , besides this impossibility , neither would my sonn nor the rest of the captaines and gentlemen have adventured themselves the river ( having but one moneths victualls and being thrust together a hundred of them in a smale flyboate ) had not i assured them that i would stay for them at trinidado , and that no force should drive me thence , except i were suncke in the sea or set on fire by the spanish gallions , for that they would have adventured themselves upon any other mans word or resolution , it were ridiculous to beleive . having in this sort resolved upon our enterprise , and having given instructions , how they should proceede before and after their entrance into orrenoque , keymis having undertaken to discover the myne with six or eight persons in sir iohn fernes shallop , i better bethinking my selfe and misliking his determination gave him this order , viz. keymis , whereas you were resolved after your arrivall into orrenoque to passe to the myne with my cousen harbert and six musketteers , and to that end you desired to have sir iohn fernes shallop , i doe not allow of that course , because you cannot land so secretly but that some indians on the river side may discover you , who giving knowledge of your passage to the spaniards you may be cut off before you can recover your boate , i doe therefore advise you to suffer the captaines and the companies of the english ●o passe up to the westwards of the mountaine aio , from whence you have no lesse then three miles to the myne , and to lodge and encampe between the spanish towne and you , if there be any town neer it , that being so secured you may make tryall what depth and bredth the myne holds , and whether or no it answer our hopes . and if you find it royall , and the spaniards begin to warre upon you , then let the serjeant major repell them if it be in his power , and drive them as far as he can . but if you find that the myne be not so rich as it may perswade the holding of it , and draw on a second supply , then shall you bring but a basket or two to satisfy his majesty , that my designe was not imaginatory but true , though not answerable to his majesties expectation , for the quantity of which i never gave assurance , nor could . on the other side , if you shall find that any great number of souldiers be newly sent into orrenoque , as the cassique of caliana told us that there were , and that the passages be already forc'd so that without manifest perill of my sonne , your selfe , and other captaines , you cannot passe toward the myne , then be well advised how you land , for i know ( that a few gentlemen excepted ) what a scumme of men you have , and i would not for all the world receive a blow from the spaniards to the dishonour of our nation ; i my selfe for my weaknes cannot be present , neither will the company land , except i stay with the ships , the gallioones of spaine being daily expected . pigott the sergeant-major is dead . sir warrham my leiftenant , without hope of life , and my nephew your sergeant-major now but a young man : it is therefore no your judgement that i rely whom i trust god will direct for the best . let me heare from you as soone as you can , you shall find me at puncto gallo dead or alive , and if you finde not my ships there , yet you shall find their ashes ; for i will fire with the gallioones if it come to extreamity , but runne away i will never . that these my instructions were not followed , was not my fault , but it seemes that the sergeant-major , keymis and the rest were by accident forced to change their first resolution , and that finding a spanish towne or rather a village , set up twenty mile distant from the place where antonio berro the first governour by me taken in my first discovery who had attépted to plant to meet some two leagues to the westward of the mine : they agreed to land and encamp between the myne and the towne , which they did not suspect to be so neer them as it was , and meaning to rest themselves on the rivers side till the next day , they were in the night set upon and charged by the spaniards , which being unlooked for , the common sort of them were so amazed , as had not the captaines and some other valiant gentlemen made a head and encouraged the rest , they had all been broken and cut in pieces . to repell this force putting themselves in order , they charged the spaniards , and following them upon their retreat they were ready to enter the town , ere they knew where they were , and being then charged againe by the governour , and foure or five captaines which lead their companies ; may sonne not tarrying for my musketiers run up in the head of a company of pikes , where he was first shot , and pressing upon a spanish captaine called erinetta with his sword ; erinetta taking the small end of his musket in his hand strucke him on the head with the stock and feld him , whom againe iohn plesington , my sonnes serjeant , thrust through with his halbert , at which time also the governour diego palmeque and the rest of the spanish captaines being slaine , and their companies divided , they betooke themselves into a house , or hold adjoyning to the market place , where they slew and wounded the english at their pleasure , so as we had no way to save our selves ; but by firing those houses adjoyning , which done all the spaniards ran into the bordering woods , and hills , keeping the english still waking with perpetuall alarums . the town such as it was being in this sort possest . keymis prepared to discover the myne , which at this time he was resolved to doe , as appeareth by his letter to me of his owne hand writing hereafter inserted ; he tooke with him captaine thornhurst , master william herbert , sir iohn hambden , and others , but at his first approach neer the banke where he meant to land , he received from the wood a vollew of shot which slew two of his company , hurt six others , and wounded captaine thornhurst in the head , of the which he languished three months after . keymis his letter dated the eight of ianuary from orrenoque . all things that appertaine to humane condition in that proper nature and sence , that of fate and necessity belongeth unto them , maketh me choose rather with griefe to let you know from me this certaine truth then uncertainties from others ; which is , viz. that had not this extraordinary valour and forwardnesse , which with the constant vigour of mind being in the hands of death his last breath expressed these words . ( lord have mercy upon me and prosper your enterprise ) leade them all on , when some began to pause and recoyle shamefully : this action had neither been attempted as it was , nor performed as it is with his surviving honour . this indian pilot whom i have sent , if there be occasion to use his service in any thing will prove sufficient and trusty : peter andrewes whom i have sent with him can better certify your lordship of the state of the towne , the plenty , the condition of our men , &c. then i can write the same . we have the governours servant prisoner that waited on him in his bed-chamber , and knows all things that concerned his master . we find there are foure refiners houses in the towne ; the best houses of the towne . i have not seen one piece of coyne , or bullyon , neither gold or silver ; a small deale of plate only excepted . captain whitney and woollastone are but now come to us , and now i purpose ( god willing ) without delay to visit the myne , which is not eight miles from the towne , sooner i could not goe by reason of the murmurings , the discords and vexations , wherewith the serjeant major is perpetually tormented and tyred , having no man to assist him but my selfe only , things are now in some reasonable order , and so soone as i have made tryall of the myne , i will seeke to come to your lordship , by the way of the river . to goe and to search the channels ( that if it be possible ) our ships may shorten their course for trinidado , when time serves , by those passages ; i have sent your lordship a parcell of scattered papers . ( i reserve a carte loade ) one roule of tobacco , one tortoyse , and some oranges and limmons , praying god to give you strength and health of body , and a mind armed against all extreamities . i rest ever to be commanded this . of january , . your lordships keymis . now it seemes that the death of my son , fearing also ( as he told me when he came to trinidado ) that i was either dead of my first sicknesse , or that the news of my sonnes death would have hastened my end , made him resolve not to open the myne , to the which he added for excuse , and i thinke it was true , that the spaniards being gone off in a whole body , lay in the woods betweene the myne and their passage , that it was impossible , except they had bin beaten out of the country , to passe up the woody and craggy hills without the losse of those commanders which should have lead them , who had they been slaine , the rest , would easily enough have bin cut in pieces in their retreate ; for being in possession of the towne , which they guarded with the greatest part of three companies , they had yet their handfull to defend themselves from fireing , and the daily and nightly alarums , wherewith they were vexed . he also gave forth the excuse that it was impossible to lodge any companies at the myne , for want of victuall , which from the towne they were not able to carry up the mountaine their companies being divided ; he therefore as he told me thought it a greater error to discover it to the spaniards , themselves neither being able to worke it , nor possesse it then to excuse himselfe to the company , said that he could not find it ; all which his fancies when i received , and before divers of the gentlemen disavowed his ignorance , for i told him that a blind man might find it , by the marks which himself had set down under his hand , and that i told him that his care of loosing so many men in passing through the woods , was but fained , for after my sonne was slaine , i knew that he had no care at all of any man surviving , and therefore had he brought to the king but one hundred weight of the oare though with the losse of one hundred men , he had given his majesty satisfaction , preserved my reputation , and given our nation encouragement to have returned this next yeare , with greater force and to have held the country for his majesty to whom it belonged , and of which himselfe had given the testimony , that besides the excellent ayre , pleasantnesse , healthfulnesse , and riches : it hath plenty of corne , fruits , fish , fowle , wild and tame , beeves , horses , sheepe , hogs , deeres , coneys , hares , tortoyses , armadiles , wanaes , oyles , hony , wax , potatoes , suger canes , medicaments , balsamum , simples , gums , and what not ; but seeing he had followed his owne advice , and not mine , i should be forced to leave him arguments with the which if he could satisfy his majesty , and the state , i should be glad of it , though for my part he must excuse me to justify it , that he , if it had pleased him , though with some losse of men might have gone d●●ectly to the place : with that he seemed greatly discontent , and so he continued divers dayes ; afterward he came to me in my cabbin , and shewed me a letter which he had written to the earl of arundell , to whom he excused himself , for not discovering of the myne : using the same arguments , and many others which he had done before , and prayed me to allow of his apology ; but i told him that he had undone me by his obstinacy , and that i would not favour or collour in any sort his former folly . he then asked me , whether that were my resolution , i answered , that it was : he then replyed in these words , i know not then sir what course to take ; and went out of my cabbin into his own , in which he was no sooner entred , but i heard a pistoll goe off . i sent up ( not suspecting any such thing as the killing of himselfe ) to know who shot a pistoll , keymis himself made answer lying on his bed , that he had shot it off , because it had been long charged , with which i was satisfied ; some half houre after this , the boy going into his cabbin , found him dead , having a long knife thrust under his left pap through his heart , and his pistoll lying by him , with which it appeared that he had shot himselfe , but the bullet lighting upon a rib , had but broken the rib and went no further . now he that knew keymis , did also know that he was of that obstinate resolution , and a man so far from caring to please or satisfie any man but my selfe , as no mans opinion from the greatest to the least could have perswaded him to have laid violent hands on himselfe , neither would he have done it , when he did it , could he have said unto me , that he was ignorant of the place , and knew no such myne ; for what cause had i then to to have rejected his excuses , or to have laid his obstinacy to his charge ; thus much i have added , because there are some puppies which have given it out , that keymis slew himselfe because he had seduced so many gentlemen and others with an imaginary myne ; but as his letter to me the . of ianuary proves that he was then resolved to open it , and to take off all these kinds of objections ; let captaine charls parker , captaine george ralegh and captaine king all living and in england ; be put to their oaths whether or no keymis did not confesse to them comming down the river , at a place where they cast anker , that he could from that place have gone to the myne in two hours , i say then that if the opening of the myne had bin at that time to any purpose ; or had they had had any victualls left then , to bring them away , or had they not been hastned by seeing the king of spaines letters before they came to my hands , which i am assured keymis had seene who delivered them to me , whereof one of them was dated at madrill the of march before i left the river of thames , and with it , three other dispatches with a commission for the strengthning of orrenoque with souldiers , which should have come downe the river from the new kingdome of granada ; and one other from puerto rico with ten pieces of ordnance which should have come up the river from the entrance , by which two troupes they might have bin inclosed , i say had not the rest seene those dispatches ; and that having stayed in the river above two months , they feared the hourely arrivall of those forces , why had they not constrained keymis to have brought them to the myne , being as himselfe confesses within two houres march . againe , had the companies commanders but pincht the governours man whom they had in their possession , he could have told them of two or three gold mynes and a silver myne not above foure miles from the towne , and given them the names of their possessors ; with the reason why they forbare to worke them at that time , and when they left off from working them , which they did aswell because they wanted negroes , as because they feared least the english , french , or dutch would have forced them from those being once thoroughly opened , having not sufficient strength to defend themselves ; but to this , i have heard it said since my returne , that the governours man was by me perswaded , being in my power , to say that such mynes there were , when indeed there was no such thing , certainly they were but silly fooles , that discovered this subtilty of mine , who having not yet by the long calenture that weakened me , lost all my wits which i must have done , if i had left my reputation in trust with a malato , who for a pot or two of wine , for a dozen of hatchets , or a gay suite of apparell would have confessed , that i had taught him to speake of mynes , that were not in rerum natura , no i protest before the majesty of god , that without any other agreements or promises of mine , then well usage , he hath discovered to me , the way to five or sixe of the richest mynes which the spaniards have , and from whence , all the masse of gold that comes into spaine in effect is drawne . lastly , when the ships were come downe the river as farre as carapana's country ( who was one of the naturall lords ) and one that reserved that part of guiana to her maje . hearing that the english had abandoned st. thome , and left no force in the country , which he hoped they would have done , hee sent a great canooe with store of fruits and provisions to the captains , and by one of his men which spake spanish , having as it seemed bin long in their hands ; hee offered them a rich gold myne in his own country , knowing it to be the best argument to perswade their stay , and if it please them to send up any one of the english to view it , he would leave sufficient pledges for his safe returne . master leake , master moleneux and others offering themselves , which when the greater part refused ( i know nor by what reason lead ) he sent againe , leaving one of his men still aboard to entreate them to carry but two dayes , and he himselfe would come to them , and bring them a sample of the oare : for he was an exceeding old man , when i was first in the country some twenty foure yeares since , which being also neglected , and the ships under saile ; he notwithstanding sent a boat after them to the very mouth of the river in hope to perswade them : that this is true , witnesse captaine parker , captaine leake , master stresham , master maudict , master moleneux , master robert hamon , master nicholes , captaine king , peter andrews , and i know not how many others ; but besides his offer also , there hath not been wanting an argument though a foolish one ; which was that the spaniards , had employed the indians with a purpose to betray our men , but this treason had been easily prevented , if they had stayed the old mans comming ; who would have brought them the gold oare aboarde their ships , and what purpose could there be of treason when the guianians offered to leave pledges six for one , yea one of the indians which the english had aboarde them , whom they found in fetters when they tooke the towne of st. thome could have told them , that the cassique which sent unto them to shew them the gold myne in his country , was unconquered ; and are enemies to the spaniard , and could also have assured them , that this cassique had gold mynes in his country . i say then , that if they would neither force keymis to goe to the myne , when he was by his owne confession , within two houres march of it ; to examine from whence these two ingots of gold which they brought me , were taken , which they found laid by for kings quinto or fifth part ; or those small pieces of silver , which had the same marks and stamps ; if they refused to send any one of the fleete into the country to see the mynes which the cassique carapana offered them ; if they would not vouchsafe to stay two days for the comming of carapana himselfe , who would have brought them a sample of the gold oare , i say , that , there is no reason to lay it to my charge , that i carryed them with a pretence of gold , when neither keymis nor my selfe knew of any in those parts : if it had bin to have gotten my liberty , why did i not keep my liberty when i had it , nay why did i put my life in manifest peril to forgo it ? if i had had a purpose to have turned pyrate , why did i oppose my self against the greatest number of my company , and was there by in danger to be slaine or cast into the sea because i refused it ? a strange fancy had it been in me to have perswaded my sonne whom i have lost , and to have perswaded my wife to have adventured the .l . which his majesty gave them for sherbone , and when that was spent , to perswade my wife to sell her house at micham , in hope of inriching them by the mynes of guiana ; if i my self had not seene them with my owne eyes ; for being old and weakely , thirty years in prison , and not used to the ayre to travell and to watching , it being ten to one that i should ever have returned , and to which by reason of my violent sicknesse , and the long continuance thereof , no man had any hope , what madnesse could have made me undertake this journey but the assurance of the myne , thereby to have done his majestie service , to have bettered my country by rhe trade , and to have restored my wife and children their srates ; they had lost for that , i have refused all other ways or means , for ●hat i had a purpose to have changed my master , and my country , my returne in the state i did returne may satisfie every honest and indifferent man. an unfortunate man i am , and it is to me a greater losse then all i have lost , that it pleaseth his majestie to be offended for the burning of a spanish towne in guiana ; of which these parts bordering the river orrenoque , and to the south as farre as the amazones doth by the law of narions belong to the crowne of england , as his majestie was well resolved when i prepared to goe thither , otherwise his majesty would not have given once leave to have landed there ; for i set it downe under my hand that i intended that enterprise and nothing else , and that i meant to enter the country by the river of orrenoque ; it was not held to be a breach of peace neither by the state here nor the spanish ambassadour who knew it aswell as i , that i pretended the journy of guiana which he alwaies held to be a pretence ; for he said it to master secretary windode and to others of my lords ; that if i meant to sayle to guiana , and had no intent to invade any part of his majesties west indies nor his fleets , i should not need to strengthen my selfe as i did , for i should worke any myne there , without any disturbance and in peace , to which i made answer , that i had set it under my hand to his majest . that i had no other purpose , nor meant to undertake any thing else ; but for the rest , that sir iohn haukins in his journey , to st. iohn de loa , notwithstanding that he had leave of the spanish king to trade in all parts of the west indies , and having the plate fleete in his power , did not take out of it one ounce of silver , but kept his faith and promise in all places , was set upon by don henrico de martines whom he suffered ( to save him from perishing ) to enter the porte ; upon martins faith , and enterchanged pledges delivered , he had iesus of lubeck a ship of her majesties of a tun burnt ; had his men slain which hee left on the land ; lost his ordnance , and all the treasure which he had got by trade ; what reason had i to goe unarmed upon the ambassadours promises , whose words and thoughts that they were one , it hath wel appeared since then , aswell by the forces which he perswaded his master to send to guiana to encounter me , and cut me off there ; as by his persecuting of me since my returne ; who have neither invaded his masters indies , nor his fleet , whereof he stood in doubt . true it is , that the spaniards cannot endure that the english nation should looke upon any part of america , being above a fourth part of the whole knowne world ; and the hundred part neither possessed by the spaniards , nor to them knowne , as acosta the jesuit in his description of the west indies doth confesse , and well know to be true : no though the king of spaine can pretend no other title to all that he hath not conquered , then the popes donation ; for from the straits of megellan to the river of plate , being a greater territory then al that the spaniards possesse in peru or chile , and from cape st. augustines to trinidado being a greater extent of land then all which he possesses in nova spaine , or elsewhere , they have not one foote of ground in their possession , neither for the greatest part of it so much as in their owne knowledge . in orrenoque they have lately set up a wooden towne , and made a kind of a forte , but they have never been able either to conquer the guianians ; nor to reconcile them , but the guianians before their planting , they did willingly resigne all that territory to her majesty , who by me promised to receive them , and defend them against the spaniards ; and though i were a prisoner for this last fourteene years , yet i was at the charge every yeare , or every second yeare , to send unto them to keepe them in hope of being relieved . and as i have said before the greatest of the naturall lords , did offer us a rich myne of gold in his owne country in hope to hold us there ; and if this usurped possession of the spaniards be a sufficient bar to his majesties right ; and that thereby the king of spaine calls himselfe king of guiana , why might he not aswell call himselfe duke of brittaine , because hee tooke possession of blewett , and built a forte there ; and calls himselfe king of ireland ; because he tooke possession at smerike and built a forte there . if the ambassadour had protested to his majesty that my going to guiana before i went would be a breach to the peace , i am perswaded that his majesty if he had not bin resolved that guiana had been his would have stayed me , but if it be not thought to be a breach of peace not for the going thither ( for that cannot be ) because i had no other intent , and went with leave ; but for taking and burning of a spanish towne in the country , certainly , if the country be the king of spains , it had been no lesse a breach of peace to have wrought any myne of his , and to have rob'd him of his gold ; then it is now cald'd a breach of peace to take a towne of his in guiana and burne it , and with as good reason might i have bin called a thiefe and a robber of the king of spaine , if the country be not his majesties , as i am now pursued for the invasion ; for either the country is the king of spains or not the kings ; if it be the kings , i have not then offended ; if it be not the kings , i must have perished , if i had but taken gold out of the mynes there , though i had found no spaniards in the country . for conclusion , if we had had any peace with the spaniards in those parts of the world ; why did even those spaniards , which were now encountered in guiana , tye six and thirty english men out of master walls ship of london and mine back to back , and cut their throats , after they had traded with them a whole month , and came to them a shore ; having not so much as a sword , or any other weapon , among them all , and if the spaniards to our complaints made answer , that there was nothing in the treate against our trading in the indies , but that we might trade at our perill ; i trust in god that the word perill shall ever be construed to be indifferent to both nations ; otherwise we must for ever abandon the indies , and loose all our knowledge , and our pylotage of that part of the world : if we have no other peace then this ; how can there be a breach of peace , which e're the spaniards will all nations , and all nations with them may trade upon their guard ? the readiest way that the spaniards ambassadour could have taken , to have stayed me from going to guiana ; had bin to have discovered the great practises which i had with his master against the king my soveraigne lord in the first yeare of his majesties reigne of great brittaine , for which i lost my estate and lay thirteene years in the tower of london , and not to urge my offences in guiana ; to which his master hath no title other then his sword , is with which to this day , he hath not conquered the least of these nations , and against whom contrary to the catholick profession , his captains have entertained , and doe entertaine whole nations of canniballs ; for in a letter of the governours to the king of spaine of the eighth of iuly : he not only complaineth that the guianians are in armes against him , but that ever those indians which under their noses live , doe in despight of all the kings edicts trade with los flamnicos & engleses , enemicos , with the flemish , and english enemies , never once naming the english nations but with the epitheton of an enemy . but in truth the spanish ambassadour hath complained against me to no other end , then to prevent my complaints against the spaniards . who landing my men in a territory appertaining to the crowne of england ; they were invaded and slaine before any violence offered to the spaniards ; and i hope that the ambassadour doth not esteeme us for so wretched and miserable a people , as to offer our throats to their swords without any manner of resistance ; howsoever , i have said it already , and i will say it againe ; that if guiana be not his majesties , the working of a myne there ; and the taking of a towne there ; had been equally perillous , for by doing the one , i had rob'd the king of spaine and bin a thiefe ; and by the other a disturber or breaker of the peace . a letter of sir walter rawleigh to my lord carevv touching guiana . because i know not whether i shall live , to come before the lords , i have for his majesties satisfaction here set downe as much as i can say , either for mine owne defence , or against my selfe , as things are now construed . it is true , that though i acquainted his majesty with my intent to land in guiana , yet i never made it knowne to his majesty that the spaniards had any footing there ; neither had i any authority by patent , to remove them from thence , and therefore his majesty had no interest in the attempt of saint thome by any foreknowledge in his majesty . but knowing his majesties title to the country to be best , and most christian , because the naturall lords did most willingly acknowledge queene elizabeth to be their soveraigne , who by me promised to defend them from the spanish cruelty , i made no doubt but i might enter the land by force , seeing the spaniards had no other title but force , ( the popes donation excepted ) considering also that they had got a possession there divers yeares since my possession for the crowne of england , for were not guiana his majesties , then might i aswell have bin questioned for a thiefe , for taking the gold out of the king of spains mynes , as the spaniards doe now call me a peace breaker ; for , from any territory that belongs to the king of spaine , it is no more lawfull to take gold , then lawfull for the spaniards to take tinne out of cornewall , were this possession of theirs a sufficient bar to his majesties right , the kings of spain may as well call themselves dukes of brittaine , because they held blewet , and fortified there ; and kings of ireland because they possessed smereck and fortified there , and so in other places . that his majesty was well resolved of his right there , i make no kind of doubt , because the english both under master charls leigh and master harecourt had leave to plant and inhabite the country . the orrenoque it selfe , had long ere this had . english in it , i assure my selfe , had not my employment at cales , the next yeare after my returne from guiana , and after that our journy to the islands hindered me , for those two years after with tirones rebellion , made her majesty unwilling that any great number of ships or men should be taken out of england , till that rebellion were ended , and lastly , her majesties death , my long imprisonment gave time to the spaniards to set up a towne of sticks covered with leaves of trees upon the banke of orronoque , which they call st. thome , but they have neither reconciled nor conquered any of the cassiques or naturall lords of the country , which cassiques are still in armes against them , as by the governours letter to the king of spaine , may appeare : that by landing in guiana there can be any breach of peace , i thinke it ( under favour ) impossible , for to breake peace where there is no peace , it cannot be ; that the spaniards give us no peace there , it doth appeare by the kings letters to the governour , that they should put to death all those spaniards and indians that trade , con los engleses enemigos with english enemies : yea those very spaniards which we encountred at st. thome , did of late years murther six and thirty of master hales men of london , and mine , who landed without weapon , upon the spaniards faith to trade with them , master thorne also in tower-street in london besides many other english were in like sort murthered in orrenoque , the yeare before my deliverie out of the tower. now if this kind of trade be peaceable , there is then a peaceable trade in the indies , betweene us and the spaniards , but if this be cruell warre and hatred , and no peace , then there is no peace broken by our attempt ; againe , how doth it stand with the greatnesse of the king of spaine , first to call us enemies , when he did hope to cut us in pieces , and then having failed , to call us peace breakers : for to be an enemy and a peace breaker in one and the same action is impossible . but the king of spaine in his letters to the governour of guiana , dated at madrill the of march , before we left the thames , calls us engleses enemigos , english enemies . if it had pleased the king of spaine to have written to his majest . in seaven months time , for we were so long in preparing , and have made his majesty know , that our landing in guiana would draw after it a breach of peace , i presume to thinke , that his majesty would have staied our enterprise for the present . this he might have done with lesse charge , then to leavy three hundred souldiers and transport ten pieces of ordnance from portarico , which souldiers added to the garrison of st. thome : had they arrived before our comming , had overthrowne all our raw companies , and there would have followed no complaints . for the maine point of landing neer st. thome , it is true , that we were of opinion , that we must have driven the spaniards out of the towne , before we could passe the thick woods upon the mountaines of the myne , which i confesse i did first resolve upon , but better bethinking my selfe , i reserved the taking of the towne , to the goodnesse of the myne , which if they found to be so rich , as it might perswade the leaving of the garrison , then to drive the spaniards thence , but to have burnt was never my intent , neither could they give me any reason why they did it , upon their returne i examined the serjeant-major and keymis why they followed not my last directions for the triall of the myne before the taking of the towne , and they answered me , that although they durst hardly , goe to the myne leaving a garrison of spaniards , between them and their boats , yet they offended their latter directions , and did land , betweene the towne and the myne . and that the spaniards without any manner of parley set upon them unawares , and charged them , calling them perros ingleses , & by skirmishing with them , they drew them on to the very entrance of the town before they knew where they were , so that if any peace had bin in those parts , the spaniards first brake the peace , and made the first slaughter , for as the english could not but land to seeke the myne , being come thither to that end , so being first reviled , and charged by the spaniards , they could doe no lesse then repell force by force , lastly it is a matter of no small consequence to acknowledge that wee have offended the king of spaine by landing in guiana . for first it weakens his majesties title to the country or quits it ; secondly , there is no king that hath ever given the least way to any other king or state in the traffick of the lives or goods of his subjects , to wit in our case , that it shall be lawfull for the spaniards to murther us , either by force or treason , and unlawfull for us to defend our selves and pay them with their owne coyne , for this superiority and inferiority is a thing which no absolute monarch ever yeilded to , or ever will. thirdly , it shews the english bears greater respect to the spaniard , and is more doubtfull of his forces , then either the french or dutch is , who daily invade all parts of the indies with not being questioned at their returne , yea at my owne being at plimouth , a french gentleman called flory went thence with foure saile , and three hundred land men , with commission to land and burne , and to sack all places in the indies that he could master , and yet the french king hath married the daughter of spaine . this is all that i can say , other then that i have spent my poore estate , lost my sonne , and my health , and endured as many sorts of miseries , as ever man did , in hope to do his majesty acceptable service ; and have not to my understanding committed any hostile act , other then entrance upon a territory belonging rightly to the crowne of england , where the english were first set upon and slaine by the usurping spaniards , i invaded no other parts of the indies , pretended by the spaniards . i returned into england with manifest perill of my life , with a purpose not to hold my life , with any other then his majesties grace , and from which no man , nor any perill could disswade me ; to that grace , and goodnesse , and kinglynesse i referre my self , which if it shall find that i have not yet suffered enough ▪ it yet may please to adde more affliction to the remainder of a wretched life . sir walter rawleigh his ansvver to some things at his death . i did never receive any direction from my lord carew to make any escape , nor did i ever tell stukely any such thing . i did never name my lord hay and my lord carew to stukeley in other words or sence , then to my honoùrable friends , among other lords . i did never shew unto stukely any letter , wherein there was named or any one pound , only i told him , that i hoped to procure the payment of his debts in his absence . i never had commission from the french king , i never saw the french kings hand or seale in my life . i never had any plot or practise with the french directly or indirectly , nor with any other prince or state unknowne to the king. my true intent was to goe to a myne of gold in guiana , it was not fained , but it is true , that such a myne there is within three miles of st. thome , i never had in my thought to goe from trinidado , and leave my companies to come after to the savage island , as hatby fearne hath falsly reported . i did not carry with me an hundred pieces , i had with me sixty , and brought back neer the said number , i never spake to the french manering any one disloyall word , or dishonourable speech of the king ; nay if i had not loved the king truly , and trusted in his goodnesse somewhat too much , i know that i had not now suffered death . these things are most true as there is a god , and as i am now to appeare before his tribunall seate , where i renounce all mercy , and salvation , if this be not the truth . at my death w.r. finis . notes, typically marginal, from the original text notes for div a -e juven . pluta●● notes for div a -e pindar . d : sic. lib. . lib ger. . cap. . livie . lib. dec. polidor lib. . isidor orig. . de navig . cap : . tacitus de moribus german : tribull eleg : strab : lib : . junius . . king. cap. . notes for div a -e gen. cap. . ver . . generall history lib . cap. . . s. . t . first warre . second warre . anno domini . anno. . notes for div a -e officers under the lo : admirall to bee men of the best experience in sea-service . no ships to be builded by the great . officer of the a●miraltie exactly look into the so●● buildin● of ship &c. the greatest ships least serviceable . the spaniards phrase . 〈◊〉 shipwrights . mary 〈◊〉 in h. ● . time . speciall observation . the high charging of ships a principall cause that brings them all ill qualities . ease of many cabbins and safety at once in sea-service not 〈◊〉 be expected . his majesties navy ( in such sort as they are ) not to bee pend up in rochester-water , &c. wight , portsmouth , garnsey and iersey , devonshire cornwall , wales , or ireland . portsmouth , dartmouth , plymouth , falmouth , milford and divers others , harbours very capable and convenient for shipping . halfe a dozen or eight of midling ships and some pynnaces to lye in the west , &c. ash-water by plymouth . nota. charges of conduct money for marriners well saved , &c. a magazin of all manner of necessary provisions , &c. his majesties ships not to be overcharged and pestered with great ordnance as they are . royall batterie for a prince . needlesse expence of superfluous powder and shot , &c. the journey to the islands . spaniards armado in . easterling hulkes . great error committed in manner of calking his majesties ships with rotten ocum . censure taken of the best seamen of england . his majesties allowance for victualling ships very large and honourable . great inconvenience by bad caske used in his majesties ships the great inconveniences of the cook-rooms in all his majesties ships made below in hold in the wast . sea-phrase . musters and presses for sufficient marriners to serve in his majesties ships the care therein very little , or the bribery very great . the saylers proverbe . a proportion of swords targets of proofe and the like allowed ; and set downe for every ship according to his burthen , &c. his majesties owne sworne servants to be preferred to the charge of his majesties ships . objection . a perfect narrative of the grounds & reasons moving some officers of the army in ireland to the securing of the castle of dublin for the parlament, on the . of december last; with the particulars of the action, and proceedings therein. published for general satisfaction, by the comissioners appointed by the gen: council of officers to attend the parliament. bridges, john, colonel. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a perfect narrative of the grounds & reasons moving some officers of the army in ireland to the securing of the castle of dublin for the parlament, on the . of december last; with the particulars of the action, and proceedings therein. published for general satisfaction, by the comissioners appointed by the gen: council of officers to attend the parliament. bridges, john, colonel. warren, edward, member of the army in ireland. warren, abel. [ ], , [ ] p. printed by tho. newcomb, over-against bainards-castle in thames-street, london : . signed at end: john bridges, edward warren, abel warren. the last leaf is blank. annotation on thomason copy: "jan: . "; the imprint date has been crossed out. reproduction of original in the british library. eng england and wales. -- army -- early works to . ireland -- history -- - -- early works to . a r (thomason e _ ). civilwar no a perfect narrative of the grounds & reasons moving some officers of the army in ireland to the securing of the castle of dublin for the par bridges, john, colonel. b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion a perfect narrative of the grounds & reasons moving some officers of the army in ireland to the securing of the castle of dublin for the parlament , on the . of december last ; with the particulars of the action , and proceedings therein . published for general satisfaction , by the comissioners appointed by the gen : council of officers to attend the parliament . london , printed by tho. newcomb , over-against bainards-castle in thames-street . . a perfect narrative of the grounds and reasons moving some officers of the army in ireland to the securing the castle of dublin for the parliament , &c. as no nation in the world hath been exercised ( in so short a tract of time ) with more prodigious revolutions then england ; so is it as admirable to observe the manifold astonishing providences that are the concomitants of such marvellous and frequent alterations in this state and commonwealth . the spirit of the living creature hath moved in this great wheel : this bush hath been often a fire , but hitherto not consumed : god doth often threaten and shake his angry rod over , yet seems unwilling to ruine these nations . and albeit the first part is always acted on the english stage , the irish and scotish nations are so far influenced thereby , that they become participants more or less in her peace or war , in her prosperity and adversity . to demonstrate this truth , we having ( as we hope ) been set on work by the lord , in the contriving and execution of the late change in ireland , by the evil reports we have heard of that service , since our repair to this city , finding it necessary , have thought it our duty to expose to publike view this narrative of the dealings of god with the irish nation ; to prevent and remove those disingenuous misinformations cast upon that action , by sundry disaffected persons to the parliaments cause and interest , and whose malevolent aspects did eminently contribute to their late interruption , or to the continuance of it . and waving all former actions , shall only reflect upon those that have been immediately previous , or attending , or succeeding that great enterprise in ireland . and this we shall do faithfully , and succinctly . the laying aside the single person , was the bringing in the parliament ; which after some years discontinuance , was in may . restored to the exercise of their power by the army in england , and after owned with general acclamations and addresses from all places , and particularly from ireland . the honor of which universal compliance from the army to the parliament , was snatched away by a sort of people , whose affections to the wages of unrighteousness , hath characterized them in all the three nations ; and did appropriate that to themselves alone , blasting as malignants others really zealous in that great work : they who were best affected to the parliament , and most forward in their addresses , being by those men branded as enemies to the parliament , under the notion of having once adhered to the single person , although the owning that power in the single person , had been in them nothing more then what had been in the generality of the three nations , and that after ( to a general satisfaction ) obliterated by an act of indempnity : and notwithstanding that having had preferments and advantages above others by the single person , none had been more forward in adoring that very power in the single person , then those very men , who after so upbraided it as a crime in others . these very men were they , who above others rejoiced in the dissolving the parliament by the protector in the year . and these were they who were for the rising sun , and were eminently industrious in framing and carrying on addresses to it , from all places ; after all which , having with the adulterous woman wiped their mouths , they say , we have done no wickedness . and strange it is , even to astonishment , how they gained belief with that very parliament , on which they ( even they ) had so trampled : and that notwithstanding all the evils , then , and after breaking out upon the nations , flowed from themselves actually , or occasionally ; yet were they esteemed children of peace , nay sufferers , and all those evils charged upon others . and it is to be admired ( these things considered ) by what artifices they should so winde themselves into almost a supremacie of power in ireland , kept under them in very vassalage , whereby in the after-change england it self might have been hazarded . nor will it be from the purpose , to observe in part the method artificially proceeded in , for carrying on their destructive designs , almost unobserved until the three nations had been in the evils thereof well-nigh overwhelmed . first , they laboured the securing to themselves the army in ireland , in the modelling thereof in england , they having the nomination , and presenting all commission officers , who were such as for the most part were fixed to their interests , in whatsoever changes ; so as of more then forty field-officers , there were but a very few but what carried on their designs ; in the mean while excluding by misinformations ( secret and at distance ) sir hardress waller , sir charls coote , colonel ingoldsby , colonel theophilus jones , colonel flower , colonel redman , major eyres , lieutenant colonel . bret , major read , major stanley , and others of known integrity , and all this by false suggestions of colonel axtel , colonel barrow , colonel sankey , mr. roberts , doctor worsley , doctor harding &c. then in london , and most of them after hastening into ireland , for compleating there what remained of the modelling that army , as to inferior officers . secondly , they singled out , and gained persons to be entrusted with the government of the army and nation fitted for their turn , such were lieutenant general ludlow , colonel jones , mr. corbet , and colonel thomlinson , by which their instruments ( rather then masters ) they in effect ruled , and thereby fixed in themselves , and in the hands of their confidents the principal places of strength in the nation , victualling each place with three months provision , together with the county militiaes , and even the management also of civil things , as to sheriffs , justices of peace &c. by all which , 't is most apparent , ireland was intended for their place of refuge , in their distress elsewhere , and so had it been found to the disturbance of the three nations , had lieutenant general ludlow in this juncture been admitted ( as he hoped ) into his former command , he having been sent for to that end from london , by that party in ireland , and sent thence to that purpose by express orders from the lord fleetwood . thirdly , that part of the army in england under their apostatized general , having contrary to all faith and allegiance in october last , again disturbed the parliaments sitting ; it was then the time for that party in ireland , to put in practice what had been before designed ; whereunto indeed they seemed to be now necessitated , for their new created general had ordered by his letters to the commander in cheif of the parliaments forces in ireland , that subscriptions should be taken throughout the army , for owning the lord fleetwood as general , and colonel lambert as major general &c. though in direct opposition to the parliament , who enacted and declared to the contrary ; it being further by such subscriptions intended that the army in ireland should be engaged for the army in england against the parliament . the lord fleetwood had then required as aforesaid an election of agents out of each regiment , to be sent into england for assisting with others in framing , proposeing and imposing a new model of government for the three nations &c. to the subvertion of the fundamental laws , and the very being of parliaments , and the liberties of the good people of these nations in parliament . herein is lieutenant general ludlow active in london , by his letters to his substitute colonel jones , and to others in ireland ; herein are colonel jones , mr. corbet , and colonel thomlinson , concurring and acting vigorously ; therein falsifying their faith to the parliament , contrary to the high trust as commissioners of parliament reposed in them , which their former title of commissioners of parliament , they cast off , assuming another of commissioners of the commonwealth , that their guilt be not read in their forehead , and in the front of publick declarations &c. and by all of them orders transmitted into the several quarters for hasting the subscriptions and elections mentioned . for prevention whereof , or giving at least some stop to such their pernicious actings against the parliament , and for preserving ( if it might be ) the parliaments interest in ireland , about october last it was from the lord on the spirits of his servants ( some dissenting officers about dublin ) to consider of some probable meanes to that purpose . but the danger being evident that there should be meetings of such who declared dissatisfactions and dissented from such acting , and protested publickly against such designes against the parliament ; therefore the said dissenting officers for giving some colour to their waies , with less jealousie , pretended the carrying on a petition to the commander in chief , colonel jones , for a generall councel of officers to meet at dublin to consider of those great and weighty affairs , wherein three nations were so highly concerned ; by which general councel ( if meeting ) it was hoped that a check might be given to the other party , and that the hands of the dissenters might be strengthned for the parliament ; or if such a general meeting of officers on such an occasion should have bin denyed by the commander in chief , it would probably returne on him and his wayes with greater disadvantage ; and in the mean time it was conceived that the private meetings of the said dissenting officers , might be with less suspition , supposed to be in order to the matter only of their petition mentioned : and for giving yet more countenance to this their designe , it was by them concluded , that sir hardress waller the major general , should be moved to appeare in the head of them , before the commander in chief and the commissioners of parliament , for setting forward that desire for a general councel of officers ; which he freely promised to do , and for gaining to themselves a party abroad under the same covert of a petition for a general councel of officers , the said dissenting officers sent out into the several quarters a petition to be subscribed to that purpose ▪ whereby they gained as to so much with their friends , with whom they else where corresponded ; they also thereby hindred in a great measure those subscriptions p●omoted by the lord fleetwood , and his instruments in ireland . thereupon colonel iones the deputed commander in chief , well foreseeing what might be the issue and sequel of such actings ; and understanding the inconvenienc●●s of not assenting to that councel of officers desired , ( which had bin on the first motion rejected ) ; taking new co●●cels , he resolveth on a complying with that therein proposed by the dissenting officers before the petition was delivered ; yet to make it insignificant to their ends , he had fixed for that purpose on the meeting of those new elected officers appointed for the meeting in england , who within few dayes were expected in dublin , and were supposed persons made for that purpose , and that by this meanes also his so yielding to the petitioners , might prove an expedient for stopping their further prosecution of that their petition in other places , that hereby the said dissenting officers might be rendered secure , until they should be surprised and laid up safe ; which he intended at the coming in of his juncto of officers , whom he expected ; for he the said colonel jones had to that end advised with general fleetwood , who by his letters intercepted , ordered the securing them the dissenting officers , and the disarming all others in the nation not of their party . the said dissenting officers being now awakened and sensible of the danger to themselves , but principally of that threatned to the three nations , and the parliaments interest therein , they thereupon found it necessary to put speedily in execution , although but with few hands , what had bin before resolved ; in order whereunto on the . of december last they fixed their resolution , for acting the very next day to the seizing , and securing the castle of dublin ; and of those the parliaments commissioners so perfidiously acting against their trust . some difficulties interposed in the manner , particularly that of five companies of foot quartered in dublin , four being of colonel lawrences regiment , and three troops of horse brought in by collonel jones for the security of the castle and those of his party , not any one of them had bin hitherto prepared for the work . the persons also managing that work to execution were but few ( viz ) colonel bridges , major edward warren , leivtenant colonel john warren , captain abel warren , leivtenant john thompson , colonel theophilus jones , captain jeonar , captain daniel lisle , colonel warden , and captain bond , by whose foot company then upon an outgard the castle was surprised ; notwithstanding which , and many other difficulties , the persons mentioned committing the parliaments cause in their hands to the lord , and willingly offering up themselves , and all deare unto them for a reasonable sacrifice to the publick , according to former resolutions on the december about five of the clock in the afternoon they first surprised the castle , wherein but the very day before was laid up . barrels of powder newly landed , besides the former store , and intended for other ends ; they afterward secured colonel jones , cheif baron corbet , and colonel thomlinson , the commissioners before mentioned ; and having declared for the parliament throughout the city of dublin , they were met with general acclamations from the highest to the lowest , both army and others , expressing all joy , except such as were of the adverse party ; and all this through mercy without one drop of blood , or so much as tumult . this whole work was begun and perfected within less then two houres , and within less then so many weeks , in like manner almost throughout the whole nation ; and the very same night colonel edmond temple , received orders for imbodying of five troops of horse , with which he afterward reduced collonel pritty , then standing out against the parliament in catherlo castle . it now behoving those thus ingaged to put themselves into that order whereby the work in their hands might be carryed on ( by the blessing of the lord ) the more prosperously , and considering the countenance they might have in that action by the major general , if he would own them in it , they thereupon desired his heading them , and that by his hand orders might pass upon all occasions , he being the visible superior officer then in ireland , whereunto ( they , and that undertaking appearing for the parliament ) he assented : he having been some weeks before prepared by some general discourse concerning it . after upon the fourteenth of december , was published the declaration for the parliament , which being transmitted by the post into all parts , with the particulars of the success , which the lord was pleased to give unto them his poor weak instruments in his service , they had thereupon daily returnes of joyfull approbations , and the owning of their work and profession for the parliament against all opposition ; and herein is to be remembred to the honor of the city of dublin , the readiness and alacrity manifested in this work by the mayor and citizens , generally , both in the first taking of the business , the very first night , and afterwards drawing the city militia into the field , which consisted of about foot , beside horse , for the service of the parliament , and still holding on with that faithfulness and zeal which can be expected from them . also sir charles coot lord president of connaught , having cast off the subscriptions expected from him and his forces in that province , his lordship with his party declared for the parliament , and secured the town of galway , and those therein , refusing to joyn with him in owning the parliament ; his lordship did after reduce colonel brafield , rendezvouzing and holding out the castle of athlone against the parliament , and in a short time , setled the whole province , and signified by letters to the officers in dublin , that he was ready with his forces , for what should be further for the parliaments service . the like affairs of the province of munster , was carried on by the management of the lord broghill , who with great care and dilligence , secured youghall , bandon , kinsale and other places considerable : the city of cork also declared for the parliament , by meanes of the citizens and private soldiers , notwithstanding that colonel phayer the governor there , with colonel wallis , and others of that party , had laboured much to the contrary , was secured by major wilson , whose behaviour was eminent : also limerick and waterford by lieutenant colonel leigh , who appeared faithful to the parliament in that great streight . as to vlster , londonderry being secured by colonel gorges , there was little remaining in that province of considerable opposition ; all there being soon quieted , especially on the decease of colonel cooper , governor of that province , who died in his chair about the . of december . matters being thus , through the blessing of god , in some goodmeasure ordered at home , the councel of officers in dublin , now settle themselves on dispatches abroad , as for giving a right understanding of themselves and their proceedings , so for strengthning as they hoped , the hands of their friends elsewhere , cooperating in the same cause with them , and accordingly they did by several expresses , give a particular accompt to general monck in scotland ; also to the parliaments commissioners of the army in portsmouth , and to the lord mayor of london . and for the better carrying on the work , the lord broghill , and the lord president of connaught , were desired by the council of officers to repair to dublin , on whose judgment and prudent management of affairs they much depended ; by whose coming were their councels and actings more enlivened , and all others better satisfied . and for securing the army to the parliaments interests , and that the endeavors of those attempting the contrary might be prevented , it was for that end concluded as absolutely necessary , that the army in ireland should be forthwith setled , by removing those from commands who were disaffected to the parliament , and placing others in their room , of whose good affections to the parliament they might be confident . therefore did the council of officers set themselves upon a temporary modeling of the army , until the parliaments pleasure should be therein known ; hoping that their end in it ( purely the service of the parliament ) would be accepted : in which their said model were laid aside only such as opposed the parliament in the revolutions in england , or here , or of whose not acting against the parliament they could not be satisfied : and such only as shewed themselves friends to the parliament , were imployed . on the . of december , came into the bay of dublin lieutenant-general ludlow , who from aboard the oxford-frigat signified his being there , and expected admittance to the head of the army as commander in chief , which he had by commission from the parliament before its interruption . whereunto , for the reasons before mentioned , as also for many other causes , all expressed in a charge already exhibited against the said lieutenant-general ludlow and others to the parliament ; it was therefore resolved , that it was not consistent with the safety of the parliaments interest in ireland , that lieutenant-general ludlow should be received into the head of the army , until the parliaments pleasure , on hearing of what should be objected to him , should be signified concerning him . and in regard of his so hovering in the bay of dublin , whereby he was at hand in order to distractions in the city , which was threatned and expected by his party there , who might be considerable if headed by those officers then prisoners at dublin , secured for their opposition to the parliament , and conceived dangerous by reason of their interests and disaffection to the parliament ; therefore did the council of officers conceive it necessary , that the prisoners then in the city should be dispersed and disposed into places more remote , particularly colonel john jones was thereupon removed to the castle of athlone , and others elswhere . and whereas miles corbet esquire , and colonel thomlinson , had in their restraint the favor of a confinement to their houses , until the parliaments pleasure concerning them should be known , respect being had to the charge to be presented against them also ; and that he the said mr. corbet had fled to lieutenant-general ludlow then in the bay of dublin ; thereupon was colonel thomlinson removed , and for better security of his person , restrained in the castle of dublin . and having thus far proceeded in setling and securing the parliaments interest and authority in ireland ; it was also judged expedient by the major-general and council of officers there , during the parliaments interruption , to take some speedy order ( in regard of the pressing necessity of the army , then sixteen moneths behind of their pay ) for the raising of money for the present maintenance of them . the council of officers did advise , that two persons of each county , and the like number of each city and chief town , should be elected by the protestant inhabitants of the said places , and the electors and elected to be such persons as always manifested their good affections to the parliament , and not then in arms ; who were to meet in dublin so to raise money by way of loan , for the temporary supply of the forces , that so they might not perish , nor be exposed to the many temptations that such a condition may leave them open unto , and also to prevent the free-quartering of the army upon the inhabitants of the country , a grievance not long to be borne . but within a few days after , they having received information of the parliaments sitting , which came to them some days before the meeting of that convention ; the council of officers sent forth their dispatches into all counties and places to stop such meeting , which was accordingly done . and this is the true accompt of the proceedings in this affair , which hath made so great a noise in this city , as if they in ireland were setting up for themselves , and calling a parliament to govern and manage the affairs of that nation , in opposition to the parliament of england . and for giving the parliament a due representation of the state of these affairs in ireland , the council of officers there have chosen , and ordered us to be their commissioners to attend the parliament for that purpose ; and to indeavour to rid that army from the insulting pride and bondage , under which they had groaned by an anabaptistical , and notionall party , from whom proceeded all those confusions , and revolutions this parliament and commonwealth have been exercised , which for some years past , whose casting out as to their over-ruling power in ireland , ( if owned by the parliament ) may be ( it is hoped ) to the other nations , a deliverance also from the like future evils by that kinde of men . and thus with much integrity and faithfulness , unto that army whereof we are unworthy members , have we given a just accompt of what the lord hath done in that nation for his people , wherein we have purposely omitted many remarkable circumstances that attended this great action , least we might appear either unnecessarily tedious , or foolishly vain glorious ; whereas our aimes are nakedly and sincerely , that god might have the glory , the nations setled upon an honest basis , and that those prejudices that had been occasioned against the late proceedings in that nation , by the bespattering reports of malignant tongues and pens , might be removed or silenced ; so we desire , that all that fear god , and honor magistracy and good government , would joyn with us in blessing our gracious god , whose ways are inscrutable for delivering that and these nations from the raging power of a devouring sword ; and that our supplications may be united for the settlement of peace , with truth among us ; that every one may sit under his own vine and fig-tree , none making them affraid . john bridges , edward warren , abel warren . finis . miscellanies by the right noble lord, the late lord marquess of halifax works. selections. halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) miscellanies by the right noble lord, the late lord marquess of halifax works. selections. halifax, george savile, marquis of, - . settle, elkanah, - . sacellum appollinare. [ ], , , , , , , , , [ ] p. printed for matt. gilliflower ..., london : . first edition. reproduction of original in huntington library. sacellum appollinare, a funeral poem to the memory of that great patriot and statesman george late marquiss of hallifax -- the lady's new-year's gift, or, advice to a daughter -- the character of a trimmer, his opinion ... -- the anatomy of an equivalent -- a letter to a dissenter, upon his majesties late gracious declaration of consideration of those who are to chuse members to serve in the ensuing parliament -- a rough draught of a new model at sea, -- maxims of state -- a letter sent by his lordship to charles cotton, esq. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng halifax, george savile, -- marquis of, - -- poetry. england and wales. -- parliament. test act ( ) young women -- life skills guides -- early works to . great britain -- history -- restoration, - . great britain -- history -- revolution of . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion miscellanies by the right noble lord , the late lord marquess of halifax . viz. i. advice to a daughter . ii. the character of a trimmer . iii. the anatomy of an equivalent . iv. a letter to a dissenter . v. cautions for choice of parliament men. vi. a rough draught of a new model at sea. vii . maxims of state , &c. london : printed for matt. gillyflower at the spread-eagle in westminster-hall . . sacellum appollinare . a funeral poem to the memory of that great patriot and statesman , george , late marquiss of hallifax . as heaven it self 's on empire's axis roll'd , ( for god-head's but dominion uncontrould ; ) so the crown'd head , the sublunary jove , does , in his loyal orb of glory , move ; with all his bolts of fate , in his high-post of sovereign pow'r , the weilded thunder boast . but , in the highest tow'ring flight of kings , 't is the great statesman plumes their eagles wings ; they move the great machine ▪ he sets the springs . and thus , whilst pregnant empire's labouring head with some vast off-spring teems ; the statesman's aid , to bring the fair divine minerva forth , is call'd the great lucina to the birth . wisdom and counsel ! 't is their min'string ray , those bright crown - genij , cheer th' imperial sway : the harmony of worlds is only theirs ; empire but guides , 't is they that tune the sphere : counsel , in church or state , the warmth , by whom aaron's and moses's budding wands both bloom : thus monarchy , what , tho' she reigns alone , 't is by her argus-eyes she guards her throne : her lights an hundred , tho' her hand 's but one. of those rich lights , great hallifax shin'd there ; in pow'rs whole constellation , none more fair : in calms or storms , in every varying gale , the furl'd , the hoysted , or the slacken'd sail ; the helm to manage , or the mates to cheer , no pilot-hand cou'd ever worthier steer : trust , the magnetick load-star of his soul ; and faith , and zeal , his needles to the pole. the studied world was his long theam , and all the politick movements of the mighty ball : yes , the old world he had fathom'd o're and o're ; nay , had there been yet vnknown globe's t' explore , to give that head , that reach , those depths , their due , he had stood a fair columbus , for the new. in senates , there , with all his brightest beams , not michael , to th' embattl'd seraphims , a mightier leading chief : oraculous sense ! victorious right ! amazing eloquence ! all from that clearest organ sweetly sung : from that bold english cicero's silver tongue , well might great truth , and genuine justice flow ; for he lookt vpward , when he talkt below : up to astraea , heav'ns translated pride , her righteous ballance his great standard guide . in redress'd wrongs , and succour'd rights appeal , no hand , in the judiciary scale , more weigh'd and pois'd , than hallifax alone ; ev'n half the great tribunal , was his own. but , in that more exalted patriot-cause , the moulding of those stamps imperial , laws ; then , when the whole divinity of pow'r , in her collective strength , that lab'ring hour , in her all-wise consulting providence , sits , some new fair creations to commence ; in that high work , for the great fiat fixt , no hand like his , the sovereign elements mixt . this fam'd gamaliel in the great state-schools , thus by unerring prudence sacred rules , no wonder , on that card'nal hinge he mov'd ; in pow'r-craft skill'd , that bold arts-master prov'd : the great performing part he had study'd thro' , and no less learnt the greater duty too . the publick spirit , and the active soul , more lively warmth , than e're prometheus stole , those champions both of earth and heav'n's just right , bound by their great indenture tripatite , their equally divided faith must bring , betwixt their god , their country , and their king. in pow'r and trust , thro' his whole life's long scene , never did honour wear a hand more clean : he from the israel prophet's copy drew ; the suppliant naaman for his grace might sue . distress , 't is true , his succour ne'r cou'd lack — but then her laded chariots must go back . no syrian bribe was on his shoulders worn ; that tainted robe such truth and virtue scorn . thus , like the eden pair , why is truth drawn a naked beauty , in transparent lawn ? yes , 'till her innocence , for imp'ious gold , that tempting , false hesperian apple , sold ; 't is from that fall , original blushes came ; 't was then she wanted fig-leaves for her sh●me . a bribe ! that most loath'd thought ! ev'n his whole roof , his humblest menials , that temptation-proof , ( so fair their leading lord's example stands ) oblige with frank full hearts , but empty hands . his favours in that generous current run , as providence vouchsafes her rain and sun. his favours cheaper ev'n than heav'n's conferr'd : for , though , like heav'n , th' imploring pray'r he heard ; yet no thanksgiving offrings return'd : to his kind grace , no gumms nor incense burn'd . ay , and 't was nobly brave ! what can more high , than an vnmercinary greatness fly ? if ought his obligations must defray , he rather chose that heav'n , than man should pay : yes , with a fair ambition , just disdain , scorn'd less than jove , his golden show'rs shou'd rain ▪ and well so high , that fair ambition tow'r'd ; for hallifax so scorn'd and jove , so show'r'd : whil'st that vast affluence warm'd his fruitful soyl , 'till his rich glebe , and loaded harvest pile , with that increase ▪ that milky canaan flow'd : prosperity thus reap'd , where virtue sow'd . nature and fortune , here , both rivals join'd , which to their darling hallifax , more kind , should heap the ampler mass : nature her more refin'd , and fortune in her cours●r oar. the world but smil'd , where heav'n had smil'd before . great blessings , when by greater merit shar'd , ( not providence's gift , but her reward , ) are all heav'n's fairest blazon ▪ noblest pride ; th' eternal dispensation justifi'd . the righteous distribution ought no less : so great 't is to deserve , and then possess . nor in proud courts , nor states alone , that great dictator ! ev'n in the despotic seat ▪ in his own narrower domestic sway , his houshold sweat penates deckt so gay ; to vice , like hannabal to rome , that sworn eternal foe ; and virtue 's champion born : to his own filial nursery , so kind a father , with those leading lights , he shin'd : honovr , so lovely by that pencil drawn , the early phosphor to their morning dawn : so fam'd his equally paternal care ▪ t' instruct the great , and to adorn the fair. thus beauty's toilet spread so all divine , her cabinet jems so furnisht from that mine ; the virgin , and the bridal coronet , were , by kind hallifax , so richly set ; virtue and innocence at that full view , as ev'n th' original eden lanschape drew : all her whole hierarchy of graces ; not one least enamell'd heav'nly spark forgot ; each star in the whole feminine renown , from , cassiopaea's chair , to ariadne's crown . in the rich furniture of that fair mind , those dazling intellectual graces shin'd , to draw the love and homage of mankind ; nothing cou'd more than his firm friendship charm : cheerful , as bridal-songs ; as south-suns , warm ; and fixt , as northern-stars : when e're he daign'd the solemn honour of his plighted hand , he stood a more than second pylades ; vnshaken , as immutable decrees . but whilst these vast perfections i recount , the heights to which those soaring glories mount : my muse thus rapt into that cheerful sphear ; is this her wailing dirge ? her funeral tear ? for his sad death , to draw his glorious life ! paint lights for shades , and ecstocies for grief ! are these the melancholy rites she brings , fit ayrs to tune the mournful theme she sings ! yes , the true mouruer's in th' historian play'd : what 's present grief , but past delight display'd ? counting what once was ours , we need no more : to sum th' enjoyment , does the loss deplore . besides , what all our sable cavalcade , to the great dead , our darkest funeral shade ? t' illustrious virtue , grief 's an easy debt ; her glorious amulet but cheaply set : she finds the diamond , and we the jet . when learning , wisdom , eloquence , expire , and the great souls , ( sparks of celestial fire ) back to their elemental sourse retire : to such rich dust , in vain we pyramids rear ; for mausoloeum's are but pageants there . what 's a poor short-liv'd pile of crumbling earth , a mould'ring tomb , t' apollinary worth ? worth , that so far from such a narrow bound , spreads a large field ! moves th' vniversal round ! fills every tongue ! thus what no vrn contains , the world 's the casket to those great remains . nor let poetick vanity rehearse her boasted dreams , her miracles of verse : think , in some poor recorded epitaph , that shallow page of brass , or marble leaf ; or in some more voluminous folio pile , a davideis , or arthur's sweating toil , some sacred worthy's deathless fame t' enstal ; rais'd by her lyres , like the old theban wall. no ; when great names ne'r dye that work alone , is all a fair creation of their own. true glory shines by her own lighted beam : 't is not the muses's song , but muse's theam : when in great hallifax , wit 's pantheon fell , and death now husht that silenc'd oracle ; from fair eliza's hallowed helicon-walls , methinks , i hear a fatal summon calls : when , lo ! the delphick seer , that reverend bard of sacred literature's rich fount , prepar'd th' expiring hallifax , in death to wait . — no less attendant on his funeral state , fate to that ever honour'd head cou'd owe : learning it self must shake , at such a blow . but , tho' with all this mine of learning stor'd ; he liv'd , and dy'd , no niggard of that hoard : witness his own long pious founded piles , where nurtur'd arts , by his auspicious smiles , tune their young voices to the muse's song , nerv'd by his hand to books , and virtue , strong . thus , as th' old israel patriarch , to his once illustrious twelve ▪ he to his hundred sons ▪ his fruitful charity 's adopted race , ( with all his tenderest diffusive grace , ) doals , with a true paternal glory crown'd , his living and his dying blessing round . yes , from that hand , the scatter'd bread must fall ; he furnishes those numerous pencils , all to copy from his great original : resolv'd , if possible , resolv'd t' inspire , to this young nursery , his cherisht choire , his own rich soul , their transmigated fire . but , why ( if 't is not a too bold offence , to dare expostulate with omnipotence , ) why should prodigious worth , from th' orb it warm'd , snatch'd from the soyl it cherisht , eyes it charm'd from its deserted charge , unkindly fly , quit th' earth it blest , impoverish worlds , and dye ? no , the kind heav'ns , in mercy , to rebate that mighty loss , the too keen edge of fate , have circled virtue in a fence so high , as stands so safe , it knows not how to die ; but founds its own proud immortality . for , as some lofty ceder , long had stood the land-mark of the plain , and glory of the wood ; till the dread voice of fate , heav'n's angry blast , the bolt of the destroying thunder cast , all the tall pride lies fal'n . — yet still some shoot , some tender scyen from the sacred root , by it's nutrimental parent - succours fed , springs , grows , spreads , flourishes ; till th' uprear'd head , do's t' all its great original heights improve , a second pearch for the fair bird of jove . so may great hallifax himself survive ; thus fall , and thus his deathless virtues live : live in his fair succession , ever blest ; whil'st honour builds it own rich phaenix nest . the lady's new-year's-gift : or , advice to a daughter . dear daughter , i find , that even our most pleasing thoughts will be unquiet ; they will be in motion ; and the mind can have no rest whilst it is possess'd by a darling passion . you are at present the chief object of my care , as well as of my kindness , which sometimes throweth me into visions of your being happy in the world , that are better suited to my partial wishes , than , to my reasonable hopes for you . at other times , when my fears prevail , i shrink as if i was struck , at the prospect of danger , to which a young woman must be expos'd . by how much the more lively , so much the more liable you are to be hurt ; as the finest plants are the soonest nipped by the frost . whilst you are playing full of innocence , the spitefull world will bite , except you are guarded by your caution . want of care therefore , my dear child , is never to be excus'd ; since , as to this world , it hath the same effect as want of vertue . such an early sprouting wit requireth so much the more to be sheltred by some rules , like something strew'd on tender flowers to preserve them from being blasted . you must take it well to be prun'd by so kind a hand as that of a father . there may be some bitterness in meer obedience : the natural love of liberty may help to make the commands of a parent harder to go down : some inward resistance there will be , where power and not choice maketh us move . but when a father layeth aside his authority , and persuadeth only by his kindness , you will never answer it to good nature , if it hath not weight with you . a great part of what is said in the following discourse may be above the present growth of your understanding ; but that becoming every day taller , will in a little time reach up to it , so as to make it easie to you . i am willing to begin with you before your mind is quite form'd , that being the time in which it is most capable of receiving a colour that will last when it is mix'd with it . few things are well learnt , but by early precepts : those well infus'd , make them natural ; and we are never sure of retaining what is valuable , till by a continued habit we have made it a piece of us . whether my skill can draw the picture of a fine woman , may be a question : but it can be none , that i have drawn that of a kind father : if you will take an exact copy , i will so far presume upon my workmanship , as to undertake you shall not make an ill figure . give me so much credit as to try , and i am sure that neither your wishes nor mine shall be disappointed by it . religion . the first thing to be confidered , is religion . it must be the chief object of your thoughts , since it would be a vain thing to direct your behaviour in the world , and forget that which you are to have towards him who made it . in a strict sense , it is the only thing necessary : you must take it into your mind , and from thence throw it into your heart , where you are to embrace it so close as never to lose the possession of it . but then it is necessary to distinguish between the reality and the pretence . religion doth not consist in believing the legend of the nursery , where children with their milk are fed with the tales of witches , hobgoblings , prophecies , and miracles . we suck in so greedily these early mistakes , that our riper vnderstanding hath much ado to cleanse our minds from this kind of trash : the stories are so entertaining , that we do not only believe them , but relate them ; which makes the discovery of the truth somewhat grievous , when it makes us lose such a field of impertinence , where we might have diverted our selves , besides the throwing some shame upon us for having ever received them . this is making the world a jest , and imputing to god almighty , that the province he assigneth to the devil , is to play at blindmans-busf , and shew tricks with mankind ; and is so far from being religion , that it is not sense , and hath right only to be call'd that kind of devotion , of which ignorance is the undoubted mother , without competition or dispute . these mistakes are therefore to be left off with your hanging sleeves ; and you ought to be as much out of countenance to be found with them about you , as to be seen playing with babies at an age when other things are expected from you . the next thing to be observ'd to you , is , that religion doth as little consist in loud answers and devout convulsions at church , or praying in an extraordinary manner . some ladies are so extream stirring at church , that one would swear the worm in their conscience made them so unquiet . others will have such a divided face between a devout goggle and an inviting glance , that the unnatural mixture maketh even the best looks to be at that time ridiculous . these affected appearances are ever suspected , like very strong perfumes , which are generally thought no very good symptoms in those that make use of them . let your earnestness therefore be reserv'd for your closet , where you may have god almighty to your self : in publick be still and calm , neither undecently careless , nor affected in the other extream . it is not true devotion , to put on an angry zeal against those who may be of a differing persuasion . partiality to our selves makes us often mistake it for a duty , to fall hard upon others in that case ; and being push'd on by self-conceit , we strike without mercy , believing that the wounds we give are meritorious , and that we are fighting god almighty's quarrel ; when the truth is , we are only setting out our selves . our devotion too often breaketh out into that shape which most agreeth with our particular temper . the cholerick grow into a hardned severity against all who dissent from them ; snatch at all the texts of scripture that suit with their complexion ; and because god's wrath was some time kindled , they conclude , that anger is a divine vertue ; and are so far ●rom imagining their ill natur'd zeal requireth an apology , that they value themselves upon it , and triumph in it . others , whose nature is more credulous than ordinary , admit no bounds or measure to it ; they grow as proud of extending their faith , as princes are of enlarging their dominions ; not considering that our faith , like our stomach , is capable of being over-charg'd ; and that as the last is destroy'd by taking in more than it can digest , so our reason may be extinguish'd by oppressing it with the weight of too many strange things ; especially if we are forbidden to chew what we are commanded to swallow . the melancholy and the sullen are apt to place a great part of their religion in dejected or ill-humour'd looks , putting on an unsociable face , and declaiming against the innocent entertainments of life , with as much sharpness as they could bestow upon the greatest crimes . this generally is only a vizard , there is seldom any thing real in it . no other thing is the better for being sowre ; and it would be hard that religion should be so , which is the best of things . in the mean time it may be said with truth , that this surly kind of devotion hath perhaps done little less hurt in the world , by frighting , than the most scandalous examples have done by infecting it . having told you , in these few instances , to which many more might be added , what is not true religion ; it is time to describe to you , what is so . the ordinary definitions of it are no more like it , than the common sign-posts are like the princes they would represent . the unskilful dawbers in all ages have generally laid on such ill colours , and drawn such harsh lines , that the beauty of it is not easily to be discerned : they have put in all the forbiddng features that can be thought of ; and in the first place , have made it an irreconcilable enemy to nature ; when , in reality , they are not only friends , but twins , born together at the same time ; and it is doing violence to them both , to go about to have them separated . nothing is so kind and so inviting as true and unsophisticated religion : instead of imposing unnecessary burdens upon our nature , it easeth us of the greater weight of our passions and mistakes : instead of subduing us with rigour , it redeemeth us from the slavery we are in to our selves , who are the most severe masters , whilst we are under the usurpation of our appetites let loose and not restrain'd . religion is a chearful thing , so far from being always at cuffs with good humour , that it is inseparably united to it . nothing unpleasant belongs to it , though the spiritual cooks have done their unskilful part to give an ill relish to it . a wise epicure would be religious for the sake of pleasure ; good sense is the foundation of both ; and he is a bungler who aimeth at true luxury , but where they are join'd . religion is exalted reason , refin'd and sisted from the grosser parts of it : it dwelleth in the upper region of the mind , where there are fewest clouds or mists to darken or offend it : it is both the foundation and the crown of all vertues : it is morality improv'd and rais'd to its height , by being carried nearer heaven , the only place where perfection resideth . it cleanseth the vnderstanding , and brusheth off the earth that hangeth about our souls . it doth not want the hopes and the terrors which are made use of to support it ; neither ought it to descend to the borrowing any argument out of it self , since there we may find every thing that should invite us . if we were to be hired to religion , it is able to out-bid the corrupted world , with all it can offer to us , being so much the richer of the two , in every thing where reason is admitted to be a judge of the value . since this is so , it is worth your pains to make religion your choice , and not make use of it only as a refuge . there are ladies , who finding by the too visible decay of their good looks , that they can shine no more by that light , put on the varnish of an affected devotion , to keep up some kind of figure in the world. they take sanctuary in the church , when they are pursued by growing contempt which will not be stopt , but followeth them to the altar . such late penitence is only a disguise for the tormenting grief of being no more handsome . that is the killing thought which draweth the sighs and tears , that appear outwardly to be applied to a better end . there are many who have an aguish devotion , hot and cold fits , long intermissions , and violent raptures . this unevenness is by all means to be avoided . let your method be a steady course of good life , that may run like a smooth stream , and be a perpetual spring to furnish to the continued exercise of vertue . your devotion may be earnest , but it must be unconstrained ; and like other duties , you must make it your pleasure too , or else it will have very little efficacy . by this rule you may best judge of your own heart . whilst those duties are joys , it is an evidence of their being sincere ; but when they are a penance , it is a sign that your nature maketh some resistance ; and whilst that lasteth , you can never be entirely secure of your self . if you are often unquiet , and too nearly touch'd by the cross accidents of life , your devotion is not of the right standard there is too much allay in it . that which is right and unmixt , taketh away the sting of every thing that would trouble you : it is like a healing balm , that extinguisheth the sharpness of the bloud ; so this softeneth and dissolveth the anguish of the mind . a devout mind hath the privilege of being free from passions , as some climates are from all venomous kind of creatures . it will raise you above the little vexations to which others for want of it , will be expos'd , and bring you to a temper , not of stupid indifference , but of such a wise resignation , that you may live in the world , so as it may hang about you like a loose garment , and not tied too close to you . take heed of running into that common error , of applying god's judgments upon particular occasions . our weights and measures are not competent to make the distribution either of his mercy or his justice : he hath thrown a veil over these things , which makes it not only an impertinence , but a kind of sacrilege , for us to give sentence in them without his commission . as to your particular faith , keep to the religion that is grown up with you , both as it is the bed in it self , and that the reason of staying in it upon that ground is somewhat stronger for your sex , than it will perhaps be allow'd to be for ours ; in respect that the voluminous enquiries into the truth , by reading , are less expected from you . the best of books will be direction enough to you not to change ; and whilst you are fix'd and sufficiently confirm'd in your own mind , you will do best to keep vain doubts and scruples at such a distance that they may give you no disquiet . let me recommend to you a method of being rightly inform'd , which can never fail : it is in short this . get vnderstanding , and practise vertue and if you are ●o blessed as to have those for your share , it is not surer that there is a god , than it is , that by him all necessary truths will be revealed to you . hvsband . that which challengeth the place in your thoughts , is how to live with a husband . and though that is so large a word , that few rules can be fix'd to it which are unchangeable , the methods being as various as the several tempers of men to which they must be suited ; yet i cannot omit some general observations , which , with the help of your own may the better direct you in the part of your life upon which your happiness most dependeth . it is one of the disadvantages belonging to your sex , that young women are seldom permitted to make their own choice ; their friends care and experience are thought safer guides to them , than their own fancies ; and their modesty often forbiddeth them to refuse when their parents recommend , though their inward consent may not entirely go along with it . in this case there remaineth nothing for them to do , but to endeavour to make that easie which falleth to their lot , and by a wise use of every thing they may dislike in a husband ▪ turn that by degrees to be very supportable , which , if neglected , might in time beget an aversion . you must first lay it down for a foundation in general ▪ that there is inequality in the sexes , and that for the better oeconomy of the world , the men , who were to be the law-givers , had the larger share of reason bestow'd upon them ; by which means your sex is the better prepar'd for the compliance that is necessary for the better performance of those duties which teem to be most properly assign'd to it . this looks a little uncourtly at the first appearance ; but upon examination it will be found , that nature is so far from being unjust to you , that she is partial on our side . she hath made you such large amends by other advantages , for the seeming injustice of the first distribution , that the right of complaining is come over to our sex. you have it in your power not only to free your selves , but to subdue your masters , and without violence throw both their natural and legal authority . at your feet . we are made of differing tempers , that our defects may the better be mutually supplied : your sex wanteth our reason for your conduct , and our strength for your protection : ours wanteth your gentleness to soften , and to entertain us . the first part of our life is a good deal subjected to you in the nursery , where you reign without competition , and by that means have the advantage of giving the first impressions . afterwards you have stronger influences , which , well manag'd , have more force in your behalf , than all our privileges and jurisdictions can pre●end to have against you . you have more strength in your looks , than we have in our laws , and more power by your tears , than we have by our arguments . it is true , that the laws of marriage , run in a harsher stile towards your sex. obey is an ungenteel word , and less easie to be digested , by making such an unkind distinction in the words of the contract , and so very unsuitable to the excess of good manners , which generally goes before it . besides , the universality of the rule seemeth to be a grievance , and it appeareth reasonable , that there might be an exemption for extraordinary women , from ordinary rules , to take away the just exception that lieth against the false measure of general equality . it may be alledged by the counsel retained by your sex , that as there is in all other laws , an appeal from the letter to the equity , in cases that require it ▪ it is as reasonable , that some court of a larger . jurisdiction might be erected , where some wives might resort and plead specially . and in such instances where nature is so kind , as to raise them above the level of their own sex , they might have relief , and obtain a mitigation in their own particular , of a sentence which was given generally against woman kind . the causes of separation are now so very course , that few are confident enough to buy their liberty at the price of having their modesty so exposed . and for disparity of minds , which above all other things requireth a remedy , the laws have made no provision ; so little refin'd are numbers of men , by whom they are compil'd . this and a great deal more might be said to give a colour to the complaint . but the answer to it , in short is , that the institution of marriage is too sacred to admit a liberty of objecting to it ; that the supposition of yours being the weaker sex , having without all doubt a good foundation , maketh it reasonable to subject it to the masculine dominion ; that no rule can be so perfect , as not to admit some exceptions ; but the law presumeth there would be so few found in this case , who would have a sufficient right to such a privilege , that it is safer some injustice should be conniv'd at in a very few instances , than to break into an establishment , upon which the order of humane society doth so much depend . you are therefore to make your best of what is settled by law and custom , and not vainly imagine , that it will be changed for your sake . but that you may not be discouraged , as if you lay under the weight of an incurable grievance , you are to know , that by a wise and dexterous conduct , it will be in your power to relieve your self from any thing that looketh like a disadvantage in it . for your better direction , i will give a hint of the most ordinary causes of dissatisfaction between man and wife , that you may be able by such a warning to live so upon your guard , that when you shall be married , you may know how to cure your husband 's mistakes , and to prevent your own . first then , you are to consider , you live in a time which hath rendred some kind of frailties so habitual , that they lay claim to large grains of allowance . the world in this is somewhat unequal , and our sex seemeth to play the tyrant in distinguishing partially for our selves , by making that in the utmost degree criminal in the woman , which in a man passeth under a much gentler censure . the root and the excuse of this injustice is the preservation of families from any mixture which may bring a blemish to them : and whilst the point of honour continues to be so plac'd , it seems unavoidable to give your sex , the greater share of the penalty . but if in this it lieth under any disadvantage , you are more than recompens'd , by having the honour of families in your keeping . the consideration so great a trust must give you , maketh full amends ; and this power the world hath lodged in you , can hardly fail to restrain the severity of an ill husband , and to improve the kindness and esteem of a good one . this being so , remember , that next to the danger , of committing the fault your self , the greatest is that of seeing it in your husband . do not seem to look or hear that way : if he is a man of sense , he will reclaim himself ; the folly of it , is of it self sufficient to cure him : if he is not so , he will be provok'd , but not reform'd . to expostulate in these cases , looketh like declaring war , and preparing reprisals ; which to a thinking husband would be a dangerous reflexion . besides , it is so course a reason which will be assign'd for a lady 's too great warmth upon such an occasion , that modesty no less than prudence ought to restrain her ; since such an undecent complaint makes a wife much more ridiculous , than the injury that provoketh her to it . but it is yet worse , and more unskilful , to blaze it in the world , expecting it should rise up in arms to take her part : whereas she will find , it can have no other effect , than that she will be served up in all companies , as the reigning jest at that time ; and will continue to be the common entertainment , till she is rescu'd by some newer folly that cometh upon the stage , and driveth her away from it . the impertinence of such methods is so plain , that it doth not deserve the pains of being laid open . be assur'd , that in these cases your discretion and silence will be the most prevailing reproof . an affected ignorance , which is seldom a vertue , is a great one here : and when your husband seeth how unwill●ng you are to be uneasie , there is no stronger argument to perswade him not to be unjust to you . besides , it will naturally make him more yielding in other things : and whether it be to cover or redeem his offence , you may have the good effects of it whilst it lasteth , and all that while have the most reasonable ground that can be , of presuming , such a behaviour will at last entirely convert him . there is nothing so glorious to a wife , as a victory so gain'd : a man so reclaim'd , is for ever after subjected to her vertue ; and her bearing for a time , is more than rewarded by a triumph that will continue as long as her life . the next thing i will suppose , is , that your husband may love wine more than is convenient . it will be granted , that though there are vices of a deeper dye , there are none that have greater deformity than this , when it is not restrain'd : but with all this , the same custom which is the more to be lamented for its being so general , should make it less uneasie to every one in particular who is to suffer by the effects of it : so that in the first place , it will be no new thing if you should have a drunkard for your husband ; and there is by too frequent examples evidence enough , that such a thing may happen , and yet a wife may live too without being miserable . self-love dictateth aggravating words to every thing we feel ; ruine and misery are the terms we apply to whatever we do not like , forgetting the mixture allotted to us by the condition of human life , by which it is not intended we should be quite exempt from trouble . it is fair , if we can escape such a degree of it as would oppress us , and enjoy so much of the pleasant part as may lessen the ill taste of such things as are unwelcome to us . every thing hath two sides , and for our own ease we ought to direct our thoughts to that which may be least liable to exception . to sall upon the worst side of a drunkard , giveth so unpleasant a prospect , that it is not possible to dwell upon it . let us pass then to the more favourable part , as far as a wife is concern'd in it . i am tempted to say ( if the irregularity of the expression could in strictness be justified ) that a wife is to thank god her husband hath faults . mark the seeming paradox my dear , for your own instruction , it being intended no further . a husband without faults is a dangerous observer ; he hath an eye so piercing , and seeth every thing so plain , that it is expos'd to his full censure . and though i will not doubt but that your vertue will disappoint the sharpest enquiries ; yet few women can bear the having all they say or do represented in the clear glass of an understanding without faults . nothing softneth the arrogance of our nature , like a mixture of some frailties . it is by them we are best told , that we must not strike too hard upon others , because we our selves do so often deserve blows : they pull our rage by the sleeve , and whisper gentleness to us in our censures , even when they are rightly applied . the faults and passions of husbands bring them down to you , and make them content to live upon less unequal terms , than faultless men would be willing to stoop to ; so haughty is mankind till humbled by common weaknesses and defects , which in our corrupted state contribute more towards the reconciling us to one another , than all the precepts of the philosophers and divines . so that where the errors of our nature make amends for the disadvantages of yours it is more your part to make use of the benefit , than to quarrel at the fault . thus in case a drunken husband should fall to your share , if you will be wise and patient , his wine shall be of your side ; it will throw a veil over your mistakes , and will set out and improve every thing you do , that he is pleased with . others will like him less , and by that means he may perhaps like you the more . when after having dined too well , he is received at home without a storm , or so much as a reproaching look , the wine will naturally work out all in kindeness , which a wife must encourage , let it be wrapped up in never so much impertinence . on the other side it would boil up into rage , if the mistaken wife should treat him roughly , like a certain thing called a kind shrew , than which the world , with all its plenty , cannot shew a more senseless , ill-bred , forbidding creature . consider , that where the man will give such frequent intermissions of the use of his reason , the wife insensibly getteth a right of governing in the vacancy , and that raiseth her character and credit in the family , to a higher pitch than perhaps could be done under a sober husband , who never putteth himself into an incapacity of holding the reins . if these are not intire consolations , at least they are remedies to some degree . they cannot make drunkenness a vertue , nor a husband given to it a felicity ; but you will do your self no ill office in the endeavouring , by these means , to make the best of such a lot , in case it should happen to be yours , and by the help of a wise observation , to make that very supportable , which would otherwise be a load that would oppress you . the next case i will put is that your husband may be cholerick or ill-humour'd . to this it may be said , that passionate men generally make amends at the foot of the account . such a man , if he is angry one day without any sense , will the next day be as kind without any reason . so that by marking how the wheels of such a man's head are used to move , you may easily bring over all his passion to your party . instead of being struck down by his thunder , you shall direct it where and upon whom you shall think it best applied . thus are the strongest poisons turn'd to the best remedies ; but then there must be art in it , and a skilful hand , else the least bungling maketh it mortal . there is a great deal of nice care requisite to deal with a man of this complexion . choler proceedeth from pride , and maketh a man so partial to himself that he swelleth against contradiction ; and thinketh he is lessened if he is opposed . you must in this case take heed of increasing the storm by an unwary word , or kindling the fire whilst the wind is in a corner which may blow it in your face : you are dextrously to yield every thing till he beginneth to cool , and then by slow degrees you may rise and gain upon him : your gentleness well timed , will , like a charm , dispel his anger ill placed ; a kind smile will reclaim , when a shrill pettish answer would provoke him ; rather than fail upon such occasions , when other remedies are too weak , a little flattery may be admitted , which by being necessary , will cease to be criminal . if ill. humour and sullenness , and not open and sudden heat is his disease , there is a way of treating that too , so as to make it a grievance to be endured . in order to if , you are first to know , that naturally good sense hath a mixture of surly in it : and there being so much folly in the world , and for the most part so triumphant , it giveth frequent temptations to raise the spleen of men who think right . therefore that which may generally be call'd ill-humour , is not always a fault ; it becometh one when either it is wrong applied , or that it is continued too long , when it is not so : for this reason you must not too hastily fix an ill name upon that which may perhaps not deserve it ; and though the case should be , that your husband might too sowerly resent any thing he disliketh , it may so happen , that more blame shall belong to your mistake , than to his ill-humour . if a husband behaveth himself sometimes with an indifference that a wife may think offensive , she is in the wrong to put the worst sence upon it , if by any means it will admit a better . some wives will call it ill-humour if their husbands change their style from that which they used whilst they made their first addresses to them : others will allow no intermission or abatement in the expressions of kindness to them , not enough distinguishing times , and forgetting that it is impossible for men to keep themselves up all their lives to the height of some extravagant moments . a man may at some times be less careful in little things , without any cold or disobliging reason for it ; as a wife may be too expecting in smaller matters , without drawing upon her-self the inference of being unkind . and if your husband should be really sullen , and have such frequent fits , as might take away the excuse of it , it concerneth you to have an eye prepared to discern the first appearances of cloudy weather , and to watch when the fit goeth off , which seldom lasteth long if it is let alone . but whilst the mind is sore , every thing galleth it , and that maketh it necessary to let the black humour begin to spend it self ▪ before you come in and venture to undertake it . if in the lottery of the world you should draw a covetous husband , i confess it will not make you proud of your good luck ; yet even such a one may be endured too , though there are few passions more untractable than that of avarice . you must first take care that your definition of avarice may not be a mistake . you are to examine every circumstance of your husband's fortune , and weigh the reason of every thing you expect from him before you have right to pronounce that sentence . the complaint is now so general against all husbands , that it giveth great suspicion of its being often ill-grounded ; it is impossible they should all deserve that censure , and therefore it is certain , that it is many times misapplied . he that spareth in every thing is an inexcusable niggard ; he that spareth in nothing is as inexcusable a madman . the mean is , to spare in what is least necessary , to lay out more liberally in what is most required in our several circumstances . yet this will not always satisfie . there are wives who are impatient of the rules of oecomomy , and are apt to call their husband's kindness in question , if any other measure is put to their expence than that of their own fancy . be sure to avoid this dangerous error , such a partiality to your self ▪ which is so offensive to an understanding man , that he will very ill bear a wife's giving her self such an injurious preference to all the family , and whatever belongeth to it . but to admit the worst , and that your husband is really a close-handed wretch , you must in this , as in other cases , endeavour to make it less afflicting to you ; and first you must observe seasonable hours of speaking . when you offer any thing in opposition to this reigning humour , a third hand and a wise friend , may often prevail more than you will be allowed to do in your own cause . sometimes you are dexterously to go along with him in things , where you see that the niggardly part of his mind is most predominant , by which you will have the better opportunity of perswading him in things where he may be more indifferent . our passions are very unequal , and are apt to be raised or lessened , according as they work upon different objects ; they are not to be stopped or restrained in those things where our mind is more particularly engaged . in other matters they are more tractable , and will sometimes give reason a hearing , and admit a fair dispute . more than that , there are few men , even in this instance of ava●ice , so intirely abandoned to it , that at some hours , and upon some occasions , will not forget their natures , and for that time turn prodigal . the same man who will grudge himself what is necessary , let his pride be raised and he shall be profuse ; at another time his anger shall have the same effect ; a fit of vanity , ambition , and sometimes of kindness , shall open and inlarge his narrow mind ; a dose of wine will work upon this tough humor , and for the time dissolve it . your busness must be , if this case happeneth , to watch these critical moments , and not let one of them slip without making your advantage of it ; and a wife may be said to want skill , if by these means she is not able to secure her self in a good measure against the inconveniences this scurvy quality in a husband might bring upon her , except he should be such an incurable monster , as i hope will never fall to your share . the last supposition i will make , is , that your husband should be weak and incompetent to make use of the privileges that belong to him . it will be yielded , that such a one leaveth room for a great many objections . but god almighty seldom sendeth a grievance without a remedy , or at least such a mitigation as taketh away a great part of the sting , and the smart of it . to make such a misfortune less heavy you are first to bring to your observation , that a wife very often maketh better figure , for her husband 's making no great one : and there seemeth to be little reason , why the same lady that chuseth a waiting-woman with worse looks , may not be content with a husband with less wit ; the argument being equal from the advantage of the comparison . if you will be more ashamed in some cases , of such a husband , you will be less afraid than you would perhaps be of a wise one . his vnseasonable weakness may no doubt sometimes grieve you , but then set against this , that it giveth you the dominion , i● you will make the right use of it . it is next to his being dead , in which case the wife hath right to administer ; therefore be sure , if you have such an idiot , that none , except your self , may have the benefit of the forfeiture ; such a fool is a dangerous beast , if others have the keeping of him ; and you must be very undexterous if when your husband shall resolve to be an ass , you do not take care he may be your ass . but you must go skilfully about it and above all things , take heed of distinguishing in publick , what kind of husband he is : your inward thoughts must not hinder the outward payment of the consideration that is due to him : your slighting him in company , besides that it would , to a discerning by stander , give too great encouragement for the making nearer applications to you , is in it self such an undecent way of assuming , that it may provoke the tame creature to break loose , and to shew his dominion for his credit , which he was content to forget for his ease . in short , the surest and the most approved method will be to do like a wise minister to an easie prince ; first give him the orders you afterwards receive from him . with all this , that which you are to pray for , is a wise husband , one that by knowing how to be a master , for that very reason will not let you feel the weight of it ; one whose authority is so soften'd by his kindness , that it giveth you ease without abridging your liberty ; one that will return so much tenderness for your just esteem of him , that you will never want power , though you will seldom care to use it . such a husband is as much above all the other kinds of them , as a rational subjection to a prince , great in himself , is to be preferr'd before the disquiet and uneasiness of vnlimited liberty . before i leave this head , i must add a little concerning your behaviour to your husband's friends , which requireth the most refined part of your understanding to acquit your self well of it . you are to study how to live with them with more care than you are to apply to any other part of your life ; especially at first , that you may not stumble at the first setting out . the family into which you are grafted will generally be apt to expect , that like a stranger in a foreign country , you should conform to their methods , and not bring in a new model by your own authority the friends in such a case are tempted to rise up in arms as against an unlawful invasion , so that you are with the utmost caution to avoid the least appearances of any thing of this kind . and that you may with less difficulty afterwards give your directions , be sure at first to receive them from your husband's friends . gain them to you by early applying to them , and they will be so satisfied , that as nothing is more thankful than pride , when it is complied with , they will strive which of them shall most recommend you ; and when they have helped you to take root in your husband 's good opinion , you will have less dependence upon theirs , though you must not neglect any reasonable means of preserving it . you are to consider , that a man govern'd by his friends , is very easily inflamed by them ; and that one who is not so , will yet for his own sake expect to have them consider'd . it is easily improved to a point of honour in a husband , not to have his relations neglected ; and nothing is more dangerous , than to raise an objection , which is grounded upon pride : it is the most stubborn and lasting passion we are subject to , and where it is the first cause of the war , it is very hard to make a secure peace . your caution in this is of the last importance to you . and that you may the better succeed in it , carry a strict eye upon the impertinence of your servants ; take heed that their ill-humour may not engage you to take exceptions , or their too much assuming i● small matters , raise consequences which may bring you under great disadvantage . remember that in the case of a royal bride , those about her are generally so far suspected to bring in a foreign interest , that in most countries they are insensibly reduced to a very small number , and those of so low a figure , that it doth not admit the being jealous of them . in little and in the proportion , this may be the case of every new married woman , and therefore it may be more adviseable for you , to gain the servants you find in a family , than to tie your self too fast to those you carry into it . you are not to overlook these small reflections , because they may appear low and inconsiderable ; for it may be said , that as the greatest streams are made up of the small drops at the head of the springs from whence they are derived , so the greater circumstances of your life , will be in some degree directed by these seeming trifles , which having the advantage of being the first acts of it , have a greater effect than singly in their own nature they could pretend to . i will conclude this article with my advice , that you would , as much as nature will give you leave , endeavour to forget the great indulgence you have found at home . after such a gentle discipline as you have been under , every thing you dislike will seem the harsher to you . the tenderness we have had for you , my dear , is of another nature , peculiar to kind parents , and differing from that which you will meet wi●h first in any family into which you shall be transplanted ; and yet they may be very kind too , and afford no justifiable reason to you to complain . you must not be frighted with the first appearances of a differing scene ; for when you are used to it , you may like the house you go to , better than that you left ; and your husband's kindness will have so much advantage of ours , that we shall yield 〈◊〉 all competition , and as well as we love you , be very well contented to surrender to such a rival . hovse , family , and children . you must lay before you , my dear ▪ there are degrees of care to recommend your self to the world in the several parts of your life . in many things , though the doing them well may raise your credit and esteem , yet the omission of them would draw no immediate reproach upon you : in others , where your duty is more particularly applyed , the neglect of them is amongst those faults which are not forgiven , and will bring you under a censure , which will be much a heavier thing than the trouble you would avoid . of this kind is the government of your house , family , and children , which ●ince it is the province allotted to your sex , and that the discharging it well , will for that reason be expected from you , if you either desert it out of laziness , or manage it ill for want of skill , instead of a help you will be an incumbrance to the family where you are placed . i must tell you , that no respect is lasting , but that which is produced by our being in some degree useful to those that pay it . where that faileth , the homage and the reverence go along with it , and fly to others where something may be expected in exchange for them . and upon this principle the respects even of the children and the servants will not stay with one that doth not think them worth their care , and the old house-keeper shall make a better figure in the family , than the lady with all her fine cloaths , if she wilfully relinquishes her title to the government . therefore take heed of carrying your good breeding to such a height , as to be good for nothing , and to be proud of it . some think it hath a great air to be above troubling their thoughts with such ordinary things as their house and family ; others dare not admit cares for fear they should hasten wrinkles ? mistaken pride maketh some think they must keep themselves up , and not descend to these duties , which do not seem enough refined for great ladies to be imploy'd in ; forgetting all this while , that it is more than the greatest princes can do , at once to preserve respect , and to neglect their business . no age ever erected altars to insignificant gods ; they had all some quality applied to them to draw worship from mankind ; this maketh it the more unreasonable for a lady to expect to be consider'd , and at the same time resolve not to deserve it . good looks alone will not do ; they are not such a lasting tenure , as to be relied upon ; and if they should stay longer than they usually do , it will by no means be safe to depend upon them : for when time hath abated the violence of the first liking , and that the napp is a little worn off , though still a good degree of kindness may remain , men recover their sight which before might be dazell'd , and allow themselves to object as well as to admire . in such a case , when a husband seeth an empty airy thing sail up and down the house to no kind of purpose , and look as if she came thither only to make a visit . when he findeth that after her emptiness hath been extreme busie about some very senseless thing ▪ she eats her breakfast half an hour before dinner , to be at greater liberty to afflict the company with her discourse ; then calleth for her coach , that she may trouble her acquaintance , who are already cloy'd with her : and having some proper dialogues ready to display her foolish eloquence at the top of the stairs , she setteth out like a ship out of the harbour , laden with trifles and cometh back with them : at her return she repeateth to her faithful waiting woman , the triumphs of that day's impertinence ; then wrap'd up in flattery and clean linen , goeth to bed so satisfied , that it throweth her into pleasant dreams of her own felicity . such a one is seldom serious but with her taylor ; her children and family may now and then have a random thought , but she never taketh aim but at something very impertinent . i say , when a husband , whose province is without doors , and to whom the oeconomy of the house would be in some degree indecent , findeth no order nor quiet in his family , meeteth with complaints of all kinds springing from this root ; the mistaken lady , who thinketh to make amends for all this , by having a well-chosen petty coat , will at last be convinced of her error , and with grief be forced to undergo the penalties that belong to those who are willfully insignificant . when this scurvy hour cometh upon her , she first groweth angry ; then when the time of it is past , would perhaps grow wiser , not remembring that we can no more have wisdom than grace , whenever we think fit to call for it . there are times and periods fix'd for both ; and when they are too long neglected , the punishment is , that they are irrecoverable , and nothing remaineth but an useless grief for the folly of having thrown them out of our power . you are to think what a mean figure a woman maketh , when she is so degraded by her own fault ; whereas there is nothing in those duties which are expected from you , that can be a lessening to you , except your want of conduct makes it so . you may love your children without living in the nursery , and you may have a competent and discreet care of them , with out letting it ▪ break out upon the company , or exposing your self by turning your discourse that way , which is a kind of laying children to the parish , and it can hardly be done any where , that those who hear it will be so forgiving , as not to think they are overcharged with them . a woman's tenderness to her children is one of the least deceitful evidences of the vertue ; but yet the way of expressing it , must be subject to the rules of good breeding : and though a woman of quality ought not to be less kind to them , than mothers of the meanest rank are to theirs , yet she may distinguish her self in the manner , and avoid the course methods , which in women of a lower size might be more excusable . you must begin early to make them love you , that they may obey you . this mixture is no where more necessary than in children . and i must tell you , that you are not to expect returns of kindness from yours , if ever you have any , without grains of allowance ; and yet it is not so much a defect in their good nature , as a shortness of thought in them . their first insufficiency maketh them lean so entirely upon their parents for what is necessary , that the habit of it maketh them continue the same expectations for what is unreasonable ; and as often as they are denied , so often they think they are injured : and whilst their desires are strong , and their reasons yet in the cradle , their anger looketh no farther than the thing they long for and cannot have ; and to be displeased for their own good , is a maxim they are very ●low to understand : so that you may conclude , the first thoughts of your children will have no small mixture of mutiny ; which being so natural , you must not be angry , except you would increase it . you must deny them as seldom as you can , and when there is no avoiding it , you must do it gently ; you must flatter away their ill humour , and take the next opportunity of pleasing them in some other thing , before they either ask or look for it : this will strengthen your authority , by making it soft to them ; and confirm their obedience , by making it their interest . you are to have as strict a guard upon your self amongst your children , as if you were amongst your enemies . they are apt to make wrong inferences , to take encouragement from half words , and misapply what you may say or do , so as either to lessen their duty , or to extend their liberty farther than is convenient . let them be more in awe of your kindness than of your power . and above all , take heed of supporting a favourite child in its impertinence , which will give right to the rest of claiming the same privilege . if you have a divided number , leave the boys to the father 's more peculiar care , that you may with the greater justice pretend to a more immediate jurisdiction over those of your own sex. you are to live so with them , that they may never chuse to avoid you , except when they have offended ; and then let them tremble , that they may distinguish : but their penance must not continue so long as to grow too sowre upon their stomachs , that it may not harden in stead of correcting them : the kind and severe part must have their several turns seasonably applied ; but your indulgence is to have the broader mixture , that love , rather than fear , may be the root of their obedience . your servants are in the next place to be considered ; and you must remember not to fall into the mistake of thinking , that because they receive wages , and are so much inferiour to you , therefore they are below your care to know how to manage them . it would be as good reason for ▪ a master workman to despise the wheels of his engines , because they are made of wood. these are the wheels of your family ; and let your directions be never so faultless , yet if these engines stop or move wrong , the whole order of your house is either at a stand , or discomposed . besides , the inequality which is between you , must not make you forget , that nature maketh no such distinction , but that servants may be looked upon as humble friends , and that returns of kindness and good vsage are as much due to such of them as deserve it , as their service is due to us when we require it . a foolish haughtiness in the style of speaking , or in the manner of commanding them , is in it self very undecent ; besides that it begetteth an aversion in them , of which the least ill effect to be expected , is , that they will be slow and careless in all that is injoyned them : and you will find it true by your experience , that you will be so much the more obeyed as you are less imperious . be not too hasty in giving your orders , not too angry when they are not altogether observed ; much less are you to be loud , and too much disturbed : an evenness in distinguishing when they do well or ill , is that which will make your family move by a rule , and without noise , and will the better set out your skill in conducting it with ease and silence , that it may be like a well disciplin'd army ; which knoweth how to anticipate the orders that are fit to be given them . you are never to neglect the duty of the present hour , to do another thing , which though it may be better in it self , is not to be unseasonably preferred . allot well chosen hours for the inspection of your family , which may be so distinguished from the rest of your time , that the necessary cares may come in their proper place , without any influence upon your good humour , or interruption to other things . by these methods you will put your self in possession of being valued by your servants , and then their obedience will naturally follow . i must not forget one of the greatest articles belonging to a family , which is the expence . it must not be such , as by failing either in the time or measure of it , may rather draw censure than gain applause . if it was well examined , there is more money given to be laughed at , than for any one thing in the world , though the purchasers do not think so . a well-stated rule is like the line , when that is once pass'd we are under another pole ; so the first straying from a rule , is a step towards making that which was before a vertue , to change its nature , and to grow either into a vice , or at least an impertinence . the art of laying out money wise'y , is not attained to without a great deal of thought ; and it is yet more difficult in the case of a wife , who is accountable to her husband for her mistakes in it . it is not only his money , his credit too is at stake , if what lyeth under the wife's care is managed , either with undecent thrift , or too loose profusion . you are therefore to keep the mean between these two extremes , and it being hardly possible to hold the balance exactly even , let it rather incline towards the laberal side as more suitable to your quality , and less subject to reproach . of the two a little money mispent is sooner recovered , than the credit which is lost by having it unhandsomely saved ; and a wise husband will less forgive a shameful piece of parcimony , than a little extravagance , if it be not too often repeated . his mind in this must be your chief direction ; and his temper , when once known , will in great measure , justifie your part in the management , if he is pleased with it . in your clothes avoid too much gaudy ; do not value your self upon an imbroidered gown ; and remember , that a reasonable word , or an obliging look , will gain you more respect , than all your fine trappings . this is not said to restrain you from a decent compliance with the world , provided you take the wiser , and not the foolisher part of your sex for your pattern . some distinctions are to be allowed , whilst they are well suited to your quality and fortune , and in the distribution of the expence , it seemeth to me that a full attendance , and well chosen ornaments for your house , will make you a better figure ▪ than too much glittering in what you wear , which may with more ease be imitated by those that are below you . yet this must not tempt you to starve every thing but your own appartment ; or in order to more abundance there , give just cause to the least servant you have , to complain of the want of what is necessary . above all , fix it in your thoughts , as an unchangeable maxim , that nothing is truly fine but what is fit , and that just so much as is proper for your circumstances of their several kinds , is much finer than all you can add to it . when you once break through these bounds , you launch into a wide sea of extravagance . every thing will become necessary , because you have a mind to it ; and you have a mind to it , not because it is fit for you , but because some body else hath it . this lady's logick fetteth reason upon its head , by carrying the rule from things to persons ; and appealing from what is right to every fool that is in the wrong . the word necessary is miserably applyed , it disordereth families , and overturneth governments by being so abused . remember that children and fools want every thing because they want wit to distinguish : and therefore there is no stronger evidence of a crazy vnderstanding , than the making too large a catalogue of things necessary , when in truth there are so very few things that have a right to be placed in it . try every thing first in your judgment , before you allow it a place in your desire ; else your husband may think it as necessary for him to deny , as it is for you to have whatever is unreasonable : and if you shall too often give him that advantage , the habit of refusing may perhaps reach to things that are not unfit for you . there are unthinking ladies , who do not enough consider , how little their own figure agreeth with the fine things they are so proud of . others when they have them will hardly allow them to be visible ; they cannot be seen without light , and that is many times so sawcy and so prying , that like a too forward gallant it is to be forbid the chamber . some , when you are ushered into their dark ruelle , it is with such solemnity , that a man would swear there was something in it , till the vnskilful lady breaketh silence , and beginneth a chat , which discovereth it is a puppet play with magnificent scenes . many esteem things rather as they are hard to be gotten , than that they are worth getting : this looketh as if they had an interest to pursue that maxim , because a great part of their own value dependeth upon it . truth in these cases would be often unmannerly , and might derogate from the prerogative , great ladies would assume to them selves , of being distinct creatures from those of their sex , which are inferiour , and of less difficult access . in other things too , your condition must give the rule to you , and therefore it is not a wife's part to aim at more than a bounded liberality ; the farther extent of that quality ( otherwise to be commended ) belongeth to the husband , who hath better means for it . generosity wrong placed becometh a vice. it is no more a vertue when it groweth into an inconvenience , vertues must be inlarged or restrained according to differing circumstances . a princely mind will undo a private family : therefore things must be suited , or else they will not deserve to be commended , let them in themselves be never so valuable : and the expectations of the world are best answered when we acquit our selves in that manner which seemeth to be prescribed to our several conditions , without usurping upon those duties , which do not so particularly belong to us . i will close the consideration of this article of expence , with this short word . do not fetter your self with such a restraint in it as may make you remarkable ; but remember that vertue is the greatest ornament , and good sence the best equipage . behaviour and conversation . it is time now to lead you out of your house into the world. a dangerous step ; where your vertue alone will not secure you , except it is attended with a great deal of prudence . you must have both for your guard , and not stir without them . the enemy is abroad , and you are sure to be taken , if you are found stragling . your behaviour is therefore to incline strongly towards the reserved part ; your character is to be immoveably fixed upon that bottom , not excluding a mixture of greater freedom , as far as it may be innocent and well timed . the extravagancies of the age have made caution more necessary ; and by the same reason that the too great licence of ill men hath by consequence in many things restrained the lawful liberty of those who did not abuse it , the unjustifiable freedoms of some of your sex have involved the rest in the penalty of being reduced . and though this cannot so alter the nature of things , as to make that criminal , which in it self is indifferent ; yet if it maketh it dangerous , that alone is sufficient to justifie the restraint . a close behaviour is the fittest to receive vertue for its constant guest , because there , and there only , it can be secure . proper reserves are the outworks , and must never be deserted by those who intend to keep the place ; they keep off the possibilities not only of being taken , but of being attempted ; and if a woman seeth danger tho at never so remote a distance , she is for that time to shorten her line of liberty . she who will allow her self to go to the utmost extent of every thing that is lawful , is so very near going farther , that those who lie at watch , will begin to count upon her . mankind , from the double temptation of vanity and desire , is apt to turn every thing a woman doth to the hopeful side ; and there are few who dare make an impudent application , till they discern something which they are willing to take for an encouragement . it is safer therefore to prevent such forwardness , than to go about to cure it . it gathereth strength by the first allowances , and claimeth a right from having been at any time suffered with impunity . therefore nothing is with more care to be avoided , than such a kind of civility as may be mistaken for invitation ; and it will not be enough for you to keep your self free from any criminal engagements ; for if you do that which either raiseth hopes or createth discourse , there is a spot thrown upon your good name ; and those kind of stains are the harder to be taken out , being dropped upon you by the man's vanity , as well as by the woman's malice . most men are in one sence platonick lovers , though they are not willing to own that character . they are so far philosophers , as to allow , that the greatest part of pleasure lieth in the mind ; and in pursuance of that maxim , there are few who do not place the felicity more in the opinion of the world , of their being prosperous lovers , than in the blessing it self , how much soever they appear to value it . the being so , you must be very cautious not to gratifie these cameleons at the price of bringing a cloud upon your reputation ▪ which may be deeply wounded , tho your conscience is unconcerned . your own sex too will not fail to help the least appearance that giveth a handle ▪ to be ill-turned . the best of them will not be displeased to improve their own value , by laying others under a disadvantage , when there is a fair occasion give for it . it distinguisheth them still the more their own credit is more exalted , and , like a picture set off with shades , shineth more when a lady , either less innocent , or le● discreet is set near , to make them appear so much the brighter . if these lend thei● breath to blast such as are so unwary as to give them this advantage , you may be sure there will be a stronger gale from those , who , besides malice or emulation have an interest too , to strike hard upon a vertuous woman . it seemeth to them , tha● their load of infamy is lessened , by throwing part , of it upon others : so that they will not only improve when it lieth in thei● way , but take pains to find out the least mistake an innocent woman committeth , i● revenge of the injury she doth in leading a life which is a reproach to them . with these you must be extreme wary , and neither provoke them to be angry , nor invite them to be intimate . to the men you are to have a behaviour which may secure you , without offending them . no ill-bred affected shyness , nor a roughness , unsuitable to your sex , and unnecessary to your vertue ; but a way of living that may prevent all course railleries or unmannerly freedoms ; looks that forbid without rudeness , and oblige without invitation , or leaving room for the sawcy inferences men's vanity suggesteth to them upon the least encouragements . this is so very nice , that it must engage you to have a perpetual watch upon your eyes , and to remember , that one careless glance giveth more advantage than a hundred words not enough considered ; the language of the eyes being very much the most significant , and the most observed . your civility , which is always to be preserved , must not be carried to a compliance , which may betray you into irrecoverable mistakes . this french ambiguous word complaisance hath led your sex into more blame , than all other things put together . it carrieth them by degrees into a certain thing called a good kind of woman , an easie idle creature , that doth neither good nor ill but by chance , hath no choice , but leaveth that to the company she keepeth ▪ time , which by degrees addeth to the signification of words , hath made her , according to the modern stile , little better than one who thinketh it a rudeness to deny when civilly required , either her service in person , or her friendly assistance , to those who would have a meeting , or want a confident . she is a certain thing always at hand , an easie companion , who hath ever great compassion for distressed lovers : she censureth nothing but rigor , and is never without a plaister for a wounded reputation , in which chiefly lieth her skill in chirurgery ; she seldom hath the propriety of any particular gallant , but liveth upon brokage , and waiteth for the scraps her friends are content to leave her . there is another character not quite so criminal , yet not less ridiculous ; which is that of a good-humour'd woman , one who thinketh she must always be in a laugh , or a broad smile , because good-humour is an obliging quality ; thinketh it less ill-manners to talk impertinently , than to be silent in company . when such a prating engine rideth admiral , and carrieth the lantern , in a circle of fools , a cheerful concomb coming in for a recruit , the chattering of monkeys is a better noise than such a concert of senceless merriment . if she is applauded in it , she is so encouraged , that , like a ballad singer , who if commanded , breaketh his lungs , she letteth her self loose , and overfloweth upon the company . she conceiveth that mirth is to have no intermission , and therefore she will carry it about with her , though it be to a funeral ; and if a man should put a familiar question , she doth not know very well how to be angry , for then she would be no more that pretty thing called a good humour'd woman . this necessity of appearing at all times to be so infinitely pleased is a grievous mistake ; since in a handsom woman that invitation is unnecessary ; and in one who is not so , ridiculous . it is not intended by this , that you should forswear laughing ; but remember , that fools being always painted in that posture , it may fright those who are wise from doing it too frequently , and going too near a copy which is so little inviting , and much more from doing it loud , which is an unnatural sound and looketh so much like another sex , that few things are more offensive . that boilterous kind of jollity is as contrary to wit and good manners , as it is to modesty and vertue . besides , it is a course kind of quality , that throweth a woman into a lower form , and degradeth her from the rank of those who are more refined . some ladies speak loud and make a noise to be the more minded , which looketh as if they beat their drums for volunteers , and if by misfortune none come in to them , they may , not without reason , be a good deal out of countenance . there is one thing , yet more to be avoided , which is the example of those who intend nothing farther than the vanity of conquest , and think themselves secure of not having their honour tainted by it . some are apt to believe their vertue is too obscure , and not enough known , except it is exposed to a broader light , and set out to its best advantage , by some publick trials . these are dangerous experiments , and generally fail , being built upon so weak a foundation , as that of a too great confidence in our selves . it is as safe to play with fire , as to daily with gallantry . love is a passion that hath friends in the garrison , and for that reason must by a woman be kept at such a distance , that she may not be within the danger of doing the most usual thing in the world which is conspiring against her self : else the humble gallant , who is only admitted as a trophy , very often becometh the conquerour ; he putteth on the style of victory , and from an admirer groweth into a master , for so he may be called from the moment he is in possession . the first resolutions of stopping at good opinion and esteem , grow weaker by degrees against the charms of courtship skilfully applied . a lady is apt to think a man speaketh so much reason whilst he is commending her , that she hath much ado to believe him in the wrong when he is making love to her : and when besides the natural inducements your sex hath to be merciful , she is bribed by well chosen flattery , the poor creature is in danger of being caught like a bird listening to the whilstle of one that hath a snare for it . conquest is so tempting a thing , that it often maketh women mistake men's submissions ; which with all their fair appearance , have generally less , respect than art in them . you are to remember , that men who say extreme fine things , many times say them most for their own sakes ; and that the vain gallant is often as well pleased with his own compliments , as he could be with the kindest answer . where there is not that ostentation you are to suspect there is design , and as strong perfumes are seldom used but where they are necessary to smother an unwelcome scent ; so excessive good words leave room to believe they are strewed to cover something , which is to gain admittance under a disguise . you must therefore be upon your guard , and consider , that of the two , respect is more dangerous than anger . it puts even the best understandings out of their place for the time , till their second thoughts restore them ; it stealeth upon us insensibly , throweth down our defences , and maketh it too late to resist , after we have given it that advantage . whereas railing goeth away in sound ; it hath so much noise in it , that by giving warning it bespeaketh caution . respect is a slow and a sure poison , and like poison swelleth us within our selves . where it prevaileth too much , it groweth to be a kind of apoplexie in the mind , turneth it quite round , and after it hath once seized the understanding , becometh mortal to it . for these reasons , the safest way is to treat it like a sly enemy , and to be perpetually upon the watch against it . i will add one advice to conclude this head , which is that you will let every seven years make some alteration in you towards the graver side , and not be like the girls of fifty , who resolve to be always young , whatever time with his iron teeth hath determined to the contrary . unnatural things carry a deformity in them never to be disguised ; the liveliness of youth in a riper age , looketh like a new patch upon an old gown ; so that a gay matron , a cheerful old fool may be reasonably put into the list of the tamer kind of monsters . there is a certain creature call'd a grave hobby-horse , a kind of a she numps , that pretendeth to be pulled to a play , and must needs go to bartholomew-fair , to look after the young folks , whom she only seemeth to make her care , in reality she taketh them for her excuse . such an old butterfly is of all creatures , the most ridiculous , and the soonest found out . it is good to be early in your caution , to avoid any thing that cometh within distance of such despicable patterns , and not like some ladies , who defer their conversion , till they have been so long in possession of being laughed at , that the world doth not know how to change their style , even when they are reclaimed from that which gave the first occasion for it . the advantages of being reserved are too many to be set down , i will only say , that it is a guard to a good woman , and a disguise to an ill one . it is of so much use to both , that those ought to use it as an artifice , who refuse to practise it as a vertue . friendships . i must in a particular manner recommend to you a strict care in the choice of your friendships . perhaps the best are not without their objections , but however , be sure that yours may not stray from the rules which the wiser part of the world hath set to them . the leagues offensive and defensive , seldom hold in politicks , and much less in friendships . the violent intimacies , when once broken , of which they scarce ever fail , make such a noise ; the bag of secrets untied , they fly about like birds let loose from a cage , and become the entertainment of the town . besides , these great dearnesses by degrees grow injurious to the rest of your acquaintance , and throw them off from you . there is such an offensive distinction when the dear friend cometh into the room , that it is flinging stones at the company , who are not ape to forgive it . do not lay out your friendship too lavishly at first , since it will , like other things , be so much the sooner spent ; neither let it be of too sudden a growth ; for as the plants which shoot up too fast are not of that continuance , as those which take more time for it ; so too swift a progress in pouring out your kindness , is a certain sign that by the course of nature it will not be long-lived . you will be responsible to the world , if you pitch upon such friends as at the time are under the weight of any criminal objection . in that case you will bring your self under the disadvantages of their character , and must bear your part of it . chusing implieth approving ; and if you fix upon a lady for your friend against whom the world shall have given judgment , 't is not so well natur'd as to believe you are altogether averse to her way of living , since it doth not discourage you from admitting her into your kindness . and resemblance of inclinations being thought none of the least inducements to friendship , you will be looked upon at least as a well-wisher if not a partner with her in her faults . if you can forgive them in another , it may be presumed you will not be less gentle to your self ; and therefore you must not take it ill , if you are reckoned a croupiere , and condemned to pay an equal share with such a friend of the reputation she hath lost . if it happeneth that your friend should fall from the state of innocence after your kindness was engaged to her , you may be slow in your belief in the beginning of the discovery : but as soon as you are convinced by a rational evidence , you must , without breaking too roughly , make a far and a quick retreat from such a mistaken acquaintance : else by moving too slowly from one that is so tainted , the contagion may reach you so far as to give you part of the scandal , though not of the guilt . this matter is so nice , that as you must not be too hasty to joyn in the censure upon your friend when she is accused , so you are not on the other side to defend her with too much warmth ; for if she should happen to deserve the report of common fame , besides the vexation that belongeth to such a mistake , you will draw an ill appearance upon your self , and it will be thought you pleaded for her not without some consideration of your self . the anger which must be put on to vindicate the reputation of an injured friend , may incline the company to suspect you would not be so zealous , if there was not a possibility that the case might be your own . for this reason you are not to carry your dearness so far , as absolutely to lose your sight where your friend is concerned . because malice , is too quick sighted , it doth not follow , that friendship must be blind : there is to be a mean between these two extremes , else your excess of good nature may betray you into a very ridiculous figure , and by degrees who may be preferr'd to such offices as you will not be proud of . your ignorance may lessen the guilt , but will improve the jest upon you , who shall be kindly sollicitous to procure a meeting , and innocently contribute to the ills you would avoid : whilest the contriving lovers , when they are alone , shall make you the subject of their mirth , and perhaps ( with respect to the goddess of love be it spoken ) it is not the worst part of their entertainment , at least it is the most lasting , to laugh at the believing friend , who was so easily deluded . let the good sence of your friends be a chief ingredient in your choice of them ; else let your reputation be never so clear , it may be clouded by their impertinence . it is like our houses being in the power of a drunken or a careless neighbour ; only so much worse , as that there will be no insurance here to make you amends , as there is in the case of fire . to conclude this paragraph ; if formality is to be allowed in any instance , it is to be put on to resist the invasion of such forward women as shall press themselves into your friendship , where if admitted , they will either be a snare or an incumbrance . censvre . i will come next to the consideration , how you are to manage your censure ; in which both care and skill will be a good deal required . to distinguish is not only natural but necessary ; and the effect of it is , that we cannot avoid giving judgment in our minds , either to absolve or to condemn as the case requireth . the difficulty is , to know when and where it is fit to proclaim the sentence . an aversion to what is criminal , a contempt of what is ridiculous , are the inseparable companions of understanding and vertue ; but die letting them go farther than our own thoughts , hath so much danger in it , that though it is neither possible nor fit to suppress them intirely , yet it is necessary they should be kept under very great restraints . an unlimited liberty of this kind is little less than sending a herald and proclaiming war to the world , which is an angry beast when so provoked . the contest will be unequal ; though you are never so much in the right ; and if you begin against such an adversary , it will tear you in pieces , with this justification , that it is done in its own defence . you must therefore take heed of laughing , except in company that is very sure . it is throwing snow-balls against bullets ; and it is the disadvantage of a woman , that the malice of the world will help the brutality of those who will throw a slovenly vntruth upon her . you are for this reason to suppress your impatience for fools ; who besides that they are too strong a party to be unnecessarily provoked , are of all others , the most dangerous in this case . a blockhead in his rage will return a dull jest that will lie heavy , though there is not a grain of wit in it . others will do it with more art , and you must not think your self secure because your reputation may perhaps be out of the reach of ill will ; for if it findeth that part guarded , it will seek one which is more exposed . it flieth , like a corrupt humour in the body , to the weakest part. if you have a tender side , the world will be sure to find it , and to put the worst colour upon all you say or do , give an aggravation to every thing that may lessen you , and a spiteful turn to every thing that might recommend you . anger laieth open those defects which friendship would not see , and civility might be willing to forget . malice needeth no such invitation to encourage it , neither are any pains more superfluous than those we take to be ill spoken of . if envy , which never dyeth , and seldom sleepeth , is content sometimes to be in a slumber , it is very unskilful to make a noise to awake it . besides , your wit will be misapplied if it is wholly directed to discern the faults of others , when it is so necessary to be often used to mend and prevent your own . the sending our thoughts too much abroad , hath the same effect , as when a family never stayeth at home ; neglect and disorder naturally followeth ; as it must do within our selves , if we do not frequently turn our eyes inwards , to see what is amiss with us , where it is a sign we have an unwelcome prospect , when we do not care to look upon it , but rather seek our consolations in the faults of those we converse with . avoid being the first in fixing a hard censure , let it be confirmed by the general voice , before you give into it ; neither are you then to give sentence like a magistrate , or as if you had a special authority to bestow a good or ill name at your discretion . do not dwell too long upon a weak side , touch and go away ; take pleasure to stay longer where you can commend , like bees that fix only upon those herbs out of which they may extract the juice of which their honey is composed . a vertue stuck with bristles is too rough for this age ; it must be adorned with some flowers , or else it will be unwillingly entertained ; so that even where it may be fit to strike , do it like a lady , gently ; and assure your self , that where you care to do it , you will wound others more , and hurt your self less , by soft strokes , than by being harsh or violent . the triumph of wit is to make your good . nature subdue your censure ; to be quick in seeing faults , and slow in exposing them . you are to consider , that the invisible thing called a good name , is made up of the breath of numbers that speak well of you ; so that if by a disobliging word you silence the meanest , the gale will be less strong which is to bear up your esteem . and though nothing is so vain as the eager pursuit of empty applause , yet to be well thought of , and to be kindly used by the world , is like a glory about a womans head ; 't is a perfume she carrieth about with her , and leaveth where-ever she goeth ; 't is a charm against ill-will . malice may empty her quiver , but cannot wound ; the dirt will not stick , the jests will not take ; without the consent of the world a scandal doth not go deep ; it is only a slight stroak upon the injured party and returneth with the greater force upon those that gave it . vanity and affectation . i must with more than ordinary earnestness give you caution against vanity , it being the fault to which your sex seemeth to be the most inclined ; and since affectation for the most part attendeth it , i do not know how to divide them . i will not call them twins , because more properly vanity is the mother , and affectation is the darling daughter ; vanity is the sin , and affectation is the punishment ; the first may be called the root of self-love , the other the fruit. vanity is never at its full growth till it spreadeth into affectation , and then it is compleat . not to dwell any longer upon the definition of them , i will pass to the means and motives to avoid them . in order to it , you are to consider , that the world challengeth the right of distributing esteem and applause ; so that where any assume by their single authority to be their own carvers , it groweth angry , and never faileth to seek revenge . and if we may measure a fault by the greatness of the penalty , there are few of a higher size than vanity , as there is scarce a punishment which can be heavier than that of being laughed at . vanity maketh a woman tainted with it , so top full of her self , that she spilleth it upon the company . and because her own thoughts are intirely imployed in self-contemplation ; she endeavoureth , by a cruel mistake , to confine her acquaintance to the same narrow circle of that which only concerneth her ladiship , forgetting that she is not of half that importance to the world , that she is to her self , so mistaken she is in her value , by being her own appraiser . she will fetch such a compass in discourse to bring in her beloved self , and rather than fail , her fine petty-coat , that there can hardly be a better scene than such a tryal of ridiculous ingenuity . it is a pleasure to see her angle for commendations , and rise so dissatisfied with the ill-bread company , if they will not bite . to observe her throwing her eyes about to fetch in prisoners , arid go about cruizing like a privateer , and so out or countenance , if she return without booty , is no ill piece of comedy . she is so eager to draw respect , that the always misseth it , yet thinketh it so much her due , that when she faileth she groweth waspish , not considering , that it is impossible to commit a rape upon the will ; that it must be fairly gained , and will not be taken by storm ; and that in this case , the tax ever riseth highest by a benevolence . if the world instead of admiring her imaginary excellencies , taketh the liberty to laugh at them , she appealeth from it to her self , for whom she giveth sentence , and proclaimeth it in all companies . on the other side , if incouraged by a civil word , she is so obliging , that she will give thanks for being laughed at in good language . she taketh a compliment for a demonstration , and setteth it up as an evidence , even against her looking-glass . but the good lady being all this while in a most profound ignorance of her self , forgetteth that men would not let her talk upon them , and throw so many senseless words at their head , if they did not intend to put her person to fine and ransom , for her impertinence . good words of any other lady , are so many stones thrown at her , she can by no means bear them , they make her so uneasie , that she cannot keep her seat , but up she riseth and goeth home half burst with anger and strait-lacing . if by great chance she saith any thing that hath sence in it , she expecteth such an excessive rate of commendations , that to her thinking the company ever riseth in her debt . she looketh upon rules as things made for the common people , and not for persons of her rank ; and this opinion sometimes tempteth her to extend her prerogative to the dispencing with the commandments . if by great fortune she happeneth , in spite of her vanity , to be honest , she is so troublesome with it , that as far as in her lieth , she maketh a scurvy thing of it . her bragging of her vertue , looketh as if it cost her so much pains to get the better of her self , that the inferences are very ridiculous . her good humour is generally applied to the laughing at good sense . it would do one good to see how heartily she despiseth any thing that is fit for her to do . the greatest part of her fancy is laid out in chusing her gown , as her discretion is chiefly imploy'd in not paying for it . she is faithful to the fashion , to which not only her opinion , but her senses are wholly resigned : so obsequious she is to it , that she would be ready to be reconciled even to vertue with all its faults , if she had her dancing master's word that it was practis'd at court. to a woman so compos'd when affectation cometh in to improve her character , it is then raised to the highest perfection . she first setteth up for a fine thing , and for that reason will distinguish her self , right or wrong , in every thing she doth . she would have it thought that she is made of so much the finer clay , and so much more sifted than ordinary , that she hath no common earth about her . to this end she must neither move nor speak like other women , because it would be vulgar ; and therefore must have a language of her own , since ordinary english is too course for her . the looking-gloss in the morning dictateth to her all the motions of the day , which by how much the more studied , are so much the more mistaken . she cometh into a room as if her limbs were set on with ill-made screws , which maketh the company fear the pretty thing should leave some of its artificial person upon the floor . she doth not like her self as god almighty made her , but will have some of her own workmanship ; which is so far from making her a better thing than a woman , that it turneth her into a worse creature than a monkey . she falleth out with nature , against which she maketh war without admitting a truce , those moments excepted in which her gallant may reconcile her to it . when she hath a mind to be soft and languishing , there is somthing so unnatural in that affected easiness , that her frowns could not be by many degrees so forbidden . when she would appear unreasonably humble , one may see she is so excessively proud , that there is no enduring it . there is such an impertinent smile , such a satisfied simper , when she faintly disowneth some fulsom commendation a man hapneth to bestow upon her against his conscience , that her thanks for it are more visible under such a thin disguise , than they could be if she should print them . if a handsomer woman taketh any liberty of dressing out of the ordinary rules the mistaken lady followeth , without distinguishing the unequal pattern , and maketh her self uglier by an example misplaced ; either forgetting the privilege of good looks in another , or presuming , without sufficient reason upon her own . her discourse is a senseless chime of empty words , a heap of compliments so equally applied to differing persons , that they are neither valu'd nor believ'd . her eyes keep pace with her tongue , and are therefore always in motion . one may discern that they generally incline to the compassionate side , and that , notwithstanding her pretence to vertue , she is gentle to distressed lovers , and ladies that are merciful . she will repeat the tender part of a play so feelingly , that the company may guess , without injustice , she was not altogether a disinteressed spectator . she thinketh that paint and sin are concealed by railing at them . upon the latter she is less hard , and being divided between the two opposite prides of her beauty and her vertue , she is often tempted to give broad hints that some body is dying for her ; and of the two she is less unwilling to let the world think she may be sometimes profan'd , than that she is never worshipped . very great beauty may perhaps so dazle for a time , that men may not so clearly see the deformity of these affectations ; but when the brightness goeth off , and that the lover's eyes are by that means set at liberty to see things as they are , he will naturally return to his senses , and recover the mistake into which the lady 's good looks had at first engaged him . and being once undeceived , ceaseth to worship that as a goddess , which he seeth is only an artificial shrine moved by wheels and springs , to delude him . such women please only like the first opening of a scene , that hath nothing to recommend it but the being new . they may be compared to flies , that have pretty shining wings for two or three hot months , but the first cold weather maketh an end of them ; so the latter season of these fluttering creatures is dismal : from their nearest friends they receive a very faint respect ; from the rest of the world , the utmost degree of contempt . let this picture supply the place of any other rules which might be given to prevent your resemblance to it , the deformity of it , well considered , is instruction enough ; from the same reason , that the sight of a drunkard is a better sermon against that vice , than the best that was ever preach'd upon that subject . pride . after having said this against vanity , i do not intend to apply the same censure to pride , well placed , and rightly defined . it is an ambiguous word ; one kind of it is as much a vertue , as the other is a vice : but we are naturally so apt to chuse the worst , that it is become dangerous to commend the best side of it . a woman is not to be proud of her fine gown ; nor when she hath less wit than her neighbours , to comfort her self that she hath more lace . some ladies put so much weight upon ornaments , that if one could see into their hearts , it would be found , that even the thought of death is made less heavy to them by the contemplation of their being laid out in state , and honourably attended to the grave . one may come a good deal short of such an extream , and yet still be sufficiently impertinent , by setting a wrong value upon things , which ought to be used with more indifference . a lady must not appear sollicitous to ingross respect to her self , but be content with a reasonable distribution , and allow it to others , that she may have it returned to her . she is not to be troublesomly nice , nor distinguish her self by being too delicate , as if ordinary things were too course for her ; this is an unmannerly and an offensive pride , and where it is practised , deserveth to be mortified , of which it seldom faileth . she is not to lean too much upon her quality , much less to despise those who are below it . some make quality an idol , and then their reason must fall down and worship it . they would have the world think , that no amends can ever be made for the want of a great title , or an ancient coat of arms : they imagine , that with these advantages they stand upon the higher ground , which maketh them look down upon merit and vertue , as things inferiour to them . this mistake is not only senseless , but criminal too , in putting a greater price upon that which is a piece of good luck , than upon things which are valuable in themselves . laughing is not enough for such a folly ; it must be severely whipped , as it justly deserves . it will be confessed , there are frequent temptations given by pert vpstarts to be angry , and by that to have our judgments corrupted in these cases : but they are to be resisted ; and the utmost that is to be allowed , is , when those of a new edition will forget themselves , so as either to brag of their weak side , or to endeavour to hide their meanness by their insolence , to cure them by a little seasonable raillery , a little sharpness well placed , without dwelling too long upon it . these and many other kinds of pride are to be avoided . that which is to be recommended to you , is an emulation to raise your self to a character , by which you may be distinguished ; an eagerness for precedence in vertue , and all such other things as may gain you a greater share of the good opinion of the world. esteem to vertue is like a cherishing air to plants and flowers , which maketh them blow and prosper ; and for that reason it may be allowed to be in some degree the cause as well as the reward of it . that pride which leadeth to a good end , cannot be a vice , since it is the beginning of a vertue ; and to be pleased with just applause , is so far from a fault , that it would be an ill symptom in a woman , who should not place the greatest part of her satisfaction in it . humility is no doubt a great vertue ; but it ceaseth to be so , when it is afraid to scorn an ill thing . against vice and folly it is becoming your sex to be haughty ; but you must not carry the contempt of things to arrogance towards persons , and it must be done with fitting distinctions , else it may be inconvenient by being unseasonable . a pride that raiseth a little anger to be out-done in any thing that is good , will have so good an effect , that it is very hard to allow it to be a fault . it is no easie matter to carry even between these differing kinds so described ; but remember that it is safer for a woman to be thought too proud , than too familiar . diversions . the last thing i shall recommend to you , is a wise and a safe method of using diversions . to be too eager in the pursuit of pleasure whilst you are young , is dangerous ; to catch at it in riper years , is grasping a shadow ; it will not be held . besides that by being less natural it groweth to be indecent . diversions are the most properly applied , to ease and relieve those who are oppressed , by being too much imployed . those that are idle have no need of them , and yet they , above all others , give themselves up to them . to unbend our thoughts , when they are too much stretched by our cares , is not more natural than it is necessary , but to turn our whole life into a holy day , is not only ridiculous , but destroyeth pleasure instead of promoting it . the mind like the body is tired by being always in one posture , too serious breaketh , and too diverting looseneth it : it is variety that giveth the relish ; so that diversions too frequently repeated , grow first to be indifferent , and at last tedious . whilst they are well chosen and well timed , they are never to be blamed ; but when they are used to an excess , though very innocent at first , they often grow to be criminal , and never fail to be impertinent . some ladies are bespoken for merry meetings , as bessus was for duels . they are ingaged in a circle of idleness , where they turn round for the whole year , without the interruption of a serious hour , they know all the players names , and are intimately acquainted with all the booths in bartholomew-fair . no soldier is more obedient to the sound of his captain 's trumpet , than they are to that which summoneth them to a puppet-play or a monster . the spring that bringeth out flies , and fools , maketh them inhabitants in hide-park ; in the winter they are an incumbrance to the play house , and the ballast of the drawing-room . the streets all this while are so weary of these daily faces , that men's eyes are over-laid with them . the sight is glutted with fine things , as the stomach with sweet ones ; and when a fair lady will give too much of her self to the world , she groweth luscious , and oppresseth instead of pleasing . these jolly ladies do so continually seek diversion , that in a little time they grow into a jest , yet are unwilling to remember , that if they were seldomer seen they would not be so often laughed at . besides they make themselves cheap , than which there cannot be an unkinder word bestowed upon your sex. to play sometimes , to entertain company , or to divert your self , is not to be disallowed , but to do it so often as to be called a gamester , is to be avoided , next to the things that are most criminal . it hath consequences of several kinds not to be endured ; it will ingage you into a habit of idleness and ill hours , draw you into ill mixed company , make you neglect your civilities abroad , and your business at home , and impose into your acquaintance such as will do you no credit . to deep play there will be yet greater objections . it will give occasion to the world to ask spiteful questions . how you dare venture to lose , and what means you have to pay such great summs ? if you pay exactly , it will be enquired from whence the money cometh ? if you owe , and especially to a man , you must be so very civil to him for his forbearance , that it layeth a ground of having it farther improved ; if the gentleman is so disposed ; who will be thought no unfair creditor , if where the estate saileth he seizeth upon the person . besides if a lady could see her own face upon an ill game , at a deep stake , she would certainly forswear any thing that could put her looks under such a disadvantage . to dance sometimes will not be imputed to you as a fault ; but remember that the end of your learning it , was , that you might the better know how to move gracefully . it is only an advantage so far . when it goeth beyond it , one may call it excelling in a mistake , which is no very great commendation . it is better for a woman never to dance , because she hath no skill . in it , that to do it too often , because she doth it well . the easiest as well as the safest method of doing it , is in private companies , amongst particular friends , and then carelesly , like a diversion , rather than with solemnity , as if it was a business , or had any thing in it to deserve a month's preparation by serious conference with a dancing-master . much more might be said to all these heads , and many more might be added to them . but i must restrain my thoughts , which are full of my dear child , and would overflow into a volume , which would not be fit for a new-years-gift . i will conclude with my warmest wishes for all that is good to you . that you may live so as to be an ornament to your family , and a pattern to your sex. that you may be blessed with a husband that may value , and with children that may inherit your vertue ; that you may shine in the world by a true light , and silence envy by deserving to be esteemed ; that wit and vertue may both conspire to make you a great figure . when they are separated , the first is so empty , and the other so saint , that they scarce have right to be commended . may they therefore meet and never part ; let them be your guardian angels , and be sure never to stray out of the distance of their joint protection . may you so raise your character , that you may help to make the next age a better thing , and leave posterity in your debt for the advantage it shall receive by your example let me conjure you , my dearest , to comply with this kind ambition of a father , whose thoughts are so ingaged in your behalf , that he reckoneth your happiness to be the greatest part of his own . the character of a trimmer his opinion of i. the laws and government . ii. protestant religion . iii. the papists . iv. foreign affairs . corrected and amended . london , printed in the year , . the preface . it must be more than an ordinary provocation that can tempt a man to write in an age over-run with scribblers , as egypt was with flies and locusts : that worst vermin of small authors has given the world such a surfeit , that instead of desiring to write , a man would be more inclin'd to wish , for his own ease , that he could not read ; but there are some things which do so raise our passions , that our reason can make no resistance ; and when madmen , in two extreams , shall agree to make common sense treason , and joyn to fix an ill character upon the only men in the nation who deserve a good one ; i am no longer master of my better resolution to let the world alone , and must break loose from my more reasonable thoughts , to expose these false coyners , who would make their copper wares pass upon us for good payment . amongst all the engines of dissention , there has been none more powerful in all times , than the fixing names upon one another of contumely and reproach , and the reason is plain , in respect of the people , who tho' generally they are uncapable of making a syllogism or forming an argument , yet they can pronounce a word ; and that serves their turn to throw it with their dull malice at the head of those they do not like ; such things ever begin in jest , and end in blood , and the same word which at first makes the company merry , grows in time to a military signal to cut one anothers throats . these mistakes are to be lamented , tho' not easily cured , being suitable enough to the corrupted nature of mankind ; but 't is hard , that men will not only invent ill names , but they will wrest and misinterpret good ones ; so afraid some are even of a reconciling sound , that they raise another noise to keep it from being heard , lest it should set up and encourage a dangerous sort of men , who prefer peace and agreement , before violence and confusion . were it not for this , why , after we have played the fool with throwing whig and tory at one another , as boys do snow-balls , do we grow angry at a new name , which by its true signification might do as much to put us into our wits , as the other has done to put us out of them ? this innocent word trimmer signifies no more than this , that if men are together in a boat , and one part of the company would weigh it down on one side , another would make it lean as much to the contrary ; it happens there is a third opinion of those , who conceive it would do as well , if the boat went even , without endangering the passengers ; now 't is hard to imagin by what figure in language , or by what rule in sense this comes to be a fault , and it is much more a wonder it should be thought a heresy . but so it happens , that the poor trimmer has now all the powder spent upon him alone , while the whig is a forgotten , or at least a neglected enemy ; there is no danger now to the state ( if some men may he believed ) but from the beast called a trimmer , take heed of him , he is the instrument that must destroy church and state ; a new kind of monster , whose deformity is so expos'd , that , were it a true picture that is made of him , it would be enough to fright children , and make women miscarry at the sight of it . but it may be worth the examining , whether he is such a beast as he is painted . i am not of that opinion , and am so far from thinking him an infidel either in church or state , that i am neither afraid to expose the articles of his faith in relation to government , nor to say that i prefer them before any other political creed , that either our angry divines , or our refined states-men would impose upon as . i have therefore in the following discourse endeavour'd to explain the trimmer's principles and opinions , and then leave it to all discerning and impartial judges , whether he can with justice be so arraign'd , and whether those who deliberately pervert a good name , do not very justly deserve the worst that can be put upon themselves . the trimmer's opinion . of the laws and government . our trimmer , as he has a great veneration for laws in general , so he has more particular for our own , he looks upon them as the chains that tye up our unruly passions , which else , like wild beasts let loose , would reduce the world into its first state of barbarism and hostility ; the good things we injoy , we owe to them ; and all the ill things we are freed from is by their protection . god himself thought it not enough to be a creator , without being a lawgiver , and his goodness had been defective towards mankind in making them , if he had not prescribed rules to make them happy too . all laws flow from that of nature , and where that is not the foundation , they may be legally impos'd , but they will be lamely obeyed : by this nature is not meant that , which fools and madmen misquote to justify their excesses ; it is innocent and uncorrupted nature , that which dispose● men to chuse vertue , without its being prescribed , and which is so far from inspiring ill thoughts into us , that we take pains to suppress the good ones it infuses . the civilized world has ever paid t● willing subjection to laws , even conquerors have done homage to them ; as the romans , who took patterns of good laws even from those they had subdued ; and at the same time that they triumph'd over an enslav'd people , the very laws of that place did not only remain safe , but became victorious ; their new masters , instead of suppressing them , paid them more respect than they had from those who first made them : and by this wise method they arrived to such an admirable constitution of laws , that to this day they reign by them ; this excellency of them triumphs still , and the world pays now an acknowledgment of their obedience to that mighty empire , though so many ages after it is dissolved ; and by a later instance , the kings of france , who , in practice use their laws pretty familiarly , yet think their picture is drawn with most advantage upon their seals , when they are placed in the seat of justice ; and tho' the hieroglyphick is not there of so much use to the people as they would wish , yet it shews that no prince is so great , as not to think fit , for his own credit at least , to give an outward , when he refuses a real worship to the laws . they are to mankind that which the sun is to plants , whilst it cherishes and preserves ' em . where they have their force and are not clouded or supprest , every thing smiles and flourishes ; but where they are darkened , and not suffered to shine out , it makes every thing to wither and decay . they secure men not only against one another , but against themselves too ; they are a sanctuary to which the crown has occasion to resort as often as the people , so that it is an interest as well as a duty to preserve them . there would be no end of making a panegyrick of laws ; let it be enough to add , that without laws the world would become a wilderness , and men little less than beasts ; but with all this , the best things may come to be the worst , if they are not in good hands ; and if it be tr●● that the wisest men generally make the laws , it is as true , that the strongest do often interpret them : and as rivers belong as much to the channel where they run , as to the spring from whence they first rise , so the laws depend as much upon the pipes thro' which they are to pass , as upon the fountain from whence they flow . the authority of a king who is head of the law , as well as the dignity of publick justice , is debased , when the clear stream of the law is puddled and disturbed by bunglers , or convey'd by unclean instruments to the people . our trimmer would have them app●●● in their full lustre , and would be grieved to see the day , when , instead of speaking with authority from the seats of justice , they should speak out of a grate , with a lamenting voice like prisoners that desle to be rescu'd . he wishes that the bench may have a natural as well as a legal superiority to the bar ; he thinks mens ab●lities very much misplac'd , when the reason of him that pleads is visibly too strong for those who judge and give sentence . when those from the bar seem to dictate to their superiours upon the bench , their furrs will look scurvily about them , and the respect of the world will leave the bare character of a judge , to follow the essential knowledge of a lawyer , who may be greater in himself , than the other can be with all his trappings . an uncontested superiority in any calling , will have the better of any distinct name that authority can put upon it , and therefore if ever such an unnatural method should be introduc'd , it is then that westminster-hall might be said to stand upon its head , and though justice it self can never be so , yet the administration of it would be rendred ridiculous . a judge has such power lodg'd in him , that the king will never be thought to have chosen well , where the voice of mankind has not before-hand recommended the man to his station ; when men are made judges of what they do not understand , the world censures such a choice , not out of ill will to the men , but fear to themselves . if the king had the sole power of chusing physicians , men would tremble to see bunglers preferred , yet the necessity of taking physick from a doctor , is generally not so great as that of receiving justice from a judge ; and yet the inferences will be very severe in such cases , for either it will be thought that such men bought what they were not able to deserve , or which is as bad , that obedience shall be look'd upon as a better qualification in a judge , than skill or integrity , when such sacred things as the laws are not only touch'd , but guided by prophane hands ; men will fear that out of the tree of the law , from whence we expect shade and shelter , such workmen will make cudgels to beat us with , or rather that they will turn the canon upon our properties , that were intrusted with them for their defence . to see the laws mangled , disguised , speak quite another language than their own , to see them thrown from the dignity of protecting mankind , to the disgraceful office of destroying them ; and notwithstanding their innocence in themselves , to be made the worst instruments that the most refined villany can make use of , will raise mens anger above the power of laying it down again , and tempt them to follow the evil examples given them of judging without hearing , when so-provoked by their desire of revenge . our trimmer therefore , as he thinks the laws are jewels , so he believes they are no better set , than in the constitution of our english government , if rightly understood , and carefully preserved . it would be too great partiality to say they are perfect or liable to no objection ; such things are not of this world ; but if they have more excellencies and fewer faults than any other we know , it is enough to recommend them to one esteem . the dispute , which is a greater beauty , a monarchy or a common-wealth , has lasted long between their contending lovers , and ( they have behav'd themselves so like lovers , who in good manners must be out of their wits , ) who used such figures to exalt their own idols on either side , . and such angry aggravations , to reproach one another in the contest , that moderate men have in all times smil'd upon this eagerness , and thought it differ'd very little from a downright frenzy : we in england , by a happy use of the controversie , conclude them both in the wrong , and reject them from being our pattern , not taking the words in the utmost extent , which is a thing , that monarchy , leaves men no liberty , and a common-wealth such a one , as allows them no quiet . we think that a wise mean , between these barbarous extreams , is that which self-preservation ought to dictate , to our wishes ; and we may say we have attained to this mean in a greater measure , than any nation now in being , or perhaps any we have read of ; tho never so much celebrated for the wisdom or felicity of their constitutions : we take from one the too great power of doing hurt , and yet leave enough to govern and protect us ; we take from the other , the confusion , the parity , the animosities , and the license , and yet reserve a due care of such a liberty , as may consist with mens allegiance ; but it being hard , if not impossible , to be exactly even , our government has much the stronger biass towards monarchy , which by the general consent and practise of mankind , seems to have advantage in dispute against a common-wealth ; the rule of a common-wealth are too hard for the bulk of mankind to come up to ; that form of government requires such a spirit to carry it on , as do's not dwell in great numbers , but is restrained to so very few especially in this age , that let the method appear never so much reasonably in paper they must fail in practice , which will eve● be suited more to mens nature as it is than as it should be . monarchy is lik'd by the people , for the bells and the tinsel , the outward pomp and gilding , and there must be milk for babes , since the greatest part of mankind are , and ever will be included in that list ; and it is approv'd by wise and thinking men , ( all circumstances and objections impartially consider'd ) that it has so great an advantage above all other forms , when the administration of that power falls in good hands ; that all other governments look out of countenance , when they are set in competition with it . lycurgus might have sav'd himself the trouble of making laws , if either he had been immortal , or that he could have secur'd to posterity , a succeeding race of princes like himself ; his own example was a better law , than he could with all his skill tell how to make ; such a prince is a living law , that dictates to his subjects , whose thoughts in that case never rise above their obedience , the confidence they have in the vertue and knowledge of the master , preventing the scruples and apprehensions to which men are naturally inclin'd , in relation to those that govern them ; such a magistrate is the life and soul of justice , whereas the law is but a body and a dead one too , without his influence to give it warmth and vigour , and by the irresistible power of his virtue , he do's so reconcile dominion and allegiance , that all disputes between them are silenced and subdued , and indeed no monarchy can be perfect and absolute without exception , but where the prince is superior by his vertue , as well as by his character and his power ; so that to screw out precedents and unlimited power , is a plain diminution to a prince that nature has made great , and who had better make himself a glorious example to posterity , than borrow an authority from dark records , raised out of the grave , which besides their non-usage , have always in them matter of controversie and debate , and it may be ; affirmed , that the instances are very rare of princes having the worst in the dispute with their people , if they were eminent for justice in time of peace , or conduct in time of war , such advantage the crown giveth to those who adorn it by their own personal vertues . but since for the greater honour of good and wise princes , and the better to set off their character by the comparison , heaven has decreed there must be a mixture , and that such as are perverse and insufficient , or at least both , are perhaps to have their equal turns in the government of the world , and besides , that the will of man is so various , and so unbounded a thing , and so fatal too when joined with power misapply'd ; it is no wonder if those who are to be govern'd , are unwilling to have so dangerous as well as so uncertain a standard of their obedience . there must be therefore rules and laws : for want of which , or at least the observation of them , it was as capital for a man to say that nero did not play well upon the lute , as to commit treason , or blaspheme the gods. and even vespasian himself had like to have lost his life , for sleeping whilst he should have attended and admir'd that emperours impertinence upon the stage . there is a wantonness in great power that men are generally too apt to be corrupted with , and for that reason , a wise prince , to prevent the temptation arising from common frailty , would choose to govern by rules for his own sake , as well as for his peoples , since it only secures him from errors , and does not lessen the real authority , that a good magistrate would care to be possess'd of ; for if the will of a prince is contrary either to reason it self , or to the universal opinion of his subjects , the law by a kind restraint rescues him from a disease that would undo him ; if his will on the other side is reasonable or well directed , that will immediately becomes a law , and he is arbitrary by an easie and natural consequence , without taking pains , or overturning the world for it . if princes consider laws as things impos'd on them , they have the appearance of fetters of iron , but to such as would make them their choice as well as their practice , they are chains of gold ; and in that respect are ornaments , as in others they are a defence to them , and by a comparison , not improper for god's vicegerents upon earth ; as our maker never commands our obedience to any thing , that as reasonable creatures we ought not to make our own election ; so a good and wise governour , tho' all laws were abolish'd , would by the voluntary direction of his own reason , do without restraint the very same things that they would have enjoyned . our trimmer thinks that the king and kingdom ought to be one creature , not to be separated in their political capacity ; and when either of them undertake to act a part , it is like the crawling of worms after they are cut in pieces , which cannot be a lasting motion , the whole creature not stirring at a time . if the body has a dead palsie , the head cannot make it move ; and god hath not yet delegated such a healing power to princes , as that they can in a moment say to a languishing people oppress'd and in despair , take up your beds and walk . the figure of a king , is so comprehensive and exalted a thing , that it is a kind of degrading him to lodge that power separately in his own natural person , which can never be safely or naturally great , but where the people are so united to him as to be flesh of his flesh , and bone of his bone ; for when he is reduc'd to the single definition of a man , he sinks into so low a character , that it is a temptation upon mens allegiance , and an impairing that veneration which is necessary to preserve their duty to him ; whereas a prince who is so joined to his people that they seem to be his limbs , rather than his subjects , cloathed with mercy and justice rightly apply'd in their several places , his throne supported by love as well as by power , and the warm wishes of his devoted subjects , like never-failing incense , still ascending towards him , looks so like the best image we can frame to our selves of god almighty , that men would have much ado not to fall down and worship him ; and would be much more tempted to the sin of idolatry , than to that of disobedience . our trimmer is of opinion , that there must be so much dignity inseparably annexed to the royal function , as may be sufficient to secure it from insolence and contempt ; and there must be condescensions from the throne , like kind showers from heaven , that the prince may look so much the more like god almighty's deputy upon earth ; for power without love hath a terrifying aspect , and the worship which is paid to it is like that which the indians give out of fear to wild beasts and devils : he that fears god only because there is an hell , must wish there were no god ; and he who fears the king , only because he can punish , must wish there were no king ; so that without a principle of love , there can be no true allegiance , and there must remain perpetual seeds of resistance against a power that is built upon such an unnatural foundation , as that of fear and terrour . all force is a kind of soul-play , and whosoever aims at it himself , does by implication allow it to those he plays with ; so that there will be ever matter prepared in the minds of people when they are provoked , and the prince , to secure himself must live in the midst of his own subjects , as if he were in a conquer'd country , raise arms as if he were immediately to meet or resist an invasion , and all this while sleep as unquietly from the fear of the remedies , as he did before from that of the disease ; it being hard for him to forget , that more princes have been destroyed by their guards than by their people ; and that even at the time when the rule was quod principi placuit lex esto : the armies and praetorian bands which were the instruments of that unruly power , were frequently the means made use of to destroy them who had it . there will ever be this difference between god and his vicegeren●s , that god is still above the instruments he uses , and out of the danger of receiving hurt from them ; but princes can never lodge power in any hands , which may not at some time turn it back upon them ; for tho' it is possible enough for a king to have power to satisfy his ambition ; yet no kingdom has money enough to satisfie the avarice of under-work-men , who learn from that prince who will exact more than belongs to him , to expect from him much more than they deserve , and growing angry upon the first disappointment , they are the devils which grow terrible to the conjurers themselves who brought them up , and can't send them down again ; and besides that there can be no lasting radical security , but where the governed are satisfied with the governours . it must be a dominion very unpleasant to a prince of an elevated mind , to impose an abject and sordid servility , instead of receiving the willing sacrifice of duty and obedience . the bravest princes in all times , who were uncapable of any other kind of fear , have fear'd to grieve their own people ; such a fear is a glory , and in this sense 't is an infamy not to be a coward : so that the mistaken heroes who are void of this generous kind of fear , need no other aggravation to compleat their ill characters . when a despotick prince has bruised all his subjects with a slavish obedience , all the force he can use cannot subdue his own fears ; enemies of his own creation , to which he can never be reconciled , it being impossible to do injustice and not to fear revenge : there is no cure for this fear , but the not deserving to be hurt , and therefore a prince who does not allow his thoughts to stray beyond the rules of justice , has always the blessing of an inward quiet and assurance , as a natural effect of his good meaning to his people , and tho he will not neglect due precautions to secure himself in all events , yet he is uncapable of entertaining vain and remote suspicions of those , of whom he resolves never to deserve ill . it is very hard for a prince to fear rebellion , who neither does , nor intends to do any thing to provoke it ; therefore too great a diligence in the governours , to raise and improve dangers and fears from the people , is no very good symptom , and naturally begets an inference that they have thoughts of putting their subjects allegiance to a tryal ; and therefore not without some reason fear before hand , that the irregularities they intend , may raise men to a resistance . our trimmer thinks it no advantage to a government , to endeavour the suppressing all kind of right which may remain in the body of the people , or to employ small authors in it , whose officiousness or want of money may encourage them to write , tho' it is not very easie to have abilities equal to such a subject ; they forget that in their too high strained arguments for the rights of princes , they very often plead against humane nature , which will always give a biass to those reasons which seem of her side ; it is the people that reads those books , and it is the people that must judge of them ; and therefore no maxims should be laid down for the right of government , to which there can be any reasonable objection ; for the world has an interest , and for that reason is more than ordinary discerning to find out the weak sides of such arguments as are intended to do them hurt ; and it is a diminution to a government , to promote or countenance such well affected mistakes which are turned upon it with disadvantage , whenever they are detected and expos'd ; and naturally the too earnest endeavours to take from men the right they have , tempt them , by the example to claim that which they have not . in power , as in most other things , the way for princes to keep it , is not to grasp more than their arms can well hold ; the nice and unnecessary enquiring into these things , or the licensing some books , and suppressing some others without sufficient reason to justifie the doing either , is so far from being an advantage to a government , that it exposes it to the censure of being partial and to the suspicion , of having some hidden designs to be carried on by these unusual methods . when all is said , there is a natural reason of state , and undefinable thing , grounded upon the common good of mankind ▪ which is immortal , and in all changes and revolutions , still preserves its original right of saving a nation , when the letter of the law perhaps would destroy it ; and by whatsoever means it moves , carrieth a power with it , that admits of no opposition , being supported by nature , which inspires an immediate consent at some critical times into every individual member , to that which visibly tendeth to preservation of the whole ; and this being so , a wise prince instead of controverting the right of this reason of state , will by all means endeavour it may be of his side , and then he will be secure . our trimmer cannot conceive that the power of any prince can be lasting , but where 't is built upon the foundation of his own unborrowed vertue , he must not only be the first mover and the fountain , from whence the great acts of state originally flow , but he must be thought so to his people that they may preserve their veneration for him ; he must be jealous of his power , and not impart so much of it to any about him , as that he may suffer an eclipse by it . he cannot take too much care to keep himself up , for when a prince is thought to be led by those , with whom he should onely advise , and that the commands he gives are transmitted through him , and are not of his own growth ; the world will look upon him as a bird adorned with feathers that are not his own , or consider him rather as an engine than a living creature ; besides , 't would be a contradiction for a prince to fear a common-wealth , and at the same time create one himself , be delegating such a power to any number of men near him , as is inconsistent with the figure of a monarch : it is the worst kind of co-ordination the crown can submit to ; for it is the exercise of power that draws the respect along with it , and when that is parted with , the bare character of a king is not sufficient to keep it up ; but tho' it is a diminution to a prince , to parcel out so liberally his power amongst his favourites , it 's worse to divide with any other man , and to bring himself in competition with a single rival ; a partner in government is so unnatural a thing , that it is a squint-ey'd allegiance that must be paid to such a double bottom'd monarchy . the two czars of muscovy are an example that the more civiliz'd part of the world will not be proud to follow , whatsoever gloss may be put upon this method , by those to whom it may be of some use , the prince will do well to remember , and reflect upon the story of certain men who had set up a statue in honour of the sun , yet in a very little time they turned their backs to the sun , and their faces to the statue . these mystical unions are better plac'd in the other world , than they are in this , and we shall have much ado to find , that in a monarchy gods vicegerency is delegated to more heads than that which is anointed . princes may lend some of their light to make another shine , but they must still preserve the superiority of being the brighter planet , and when it happens that the reversion is in mens eyes , there is more care necessary to keep up the dignity of possessions , that men may not forget who is king , either out of their hopes or fears who shall be . if the sun shou'd part with all his light to any of the stars , the indians would not know where to find their god , after he had so deposed himself , and would make the light ( where-ever it went ) the object of their worship . all usurpation is alike upon soveraignty , it s no matter from what hand it comes ; and crowned heads are to be the more circumspect , in respect mens thoughts are naturally apt to ramble beyond what is present , they love to work at a distance , and in their greedy expectations ; which their minds may be fill'd with of a new master , the old one may be left to look a little out of countenance . our trimmer owns a passion for liberty , yet so restrained , that it does not in the least impair or taint his allegiance , he thinks it hard for a soul that does not love liberty , ever to raise it self to another world he takes it to be the foundation of all vertue , and the only seasoning that gives a relish to life , and tho' the laziness of a slavish subjection , has its charms for the more gross and earthly part of mankind , yet to men made of a better sort of clay , all that the world can give without liberty has no taste ; it is true , nothing is sold so cheap by unthinking men , but that does no more lessen the real value of it , than a country fellows ignorance does that of a diamond , in selling it for a pot of ale. liberty is the mistress of mankind , she has powerful charms which do so dazzle us , that we find beauties in her which perhaps are not there , as we do in other mistresses ; yet if she was not a beauty , the world would not run mad for her ; therefore since the reasonable desire of it ought not to be restrain'd , and that even the unreasonable desire of it cannot be entirely suppress'd , those who would take it away from a people possessed of it , are likely to fail in the attempting , or be very unquiet in the keeping of it . our trimmer admires our blessed constitutions , in which dominion and liberty are so well reconciled ; it gives to the prince the glorious power of commanding freemen , and to the subject , the satisfaction of seeing the power so lodged , as that their liberties are secure ; it do's not allow the crown such a ruining power , as that no grass can grow where e're it treads , but a cherishing and protecting power ; such a one as hath a grim aspect only to the offending subjects , but is the joy and the pride of all the good ones ; their own interest being so bound up in it , as to engage them to defend and support it ; and tho in some instances the king is restrain'd yet nothing in the government can move without him ; our laws make a distinction between vassalage and obedience ; between devouring prerogatives , and a licentious ungovernable freedom : and as of all the orders of building , the composite is the best , so ours by a happy mixture and a wise choice of what is best in others , is brought into a form that is our felicity who live under it , and the envy of our neighbour that cannot imitate it . the crown has power sufficient to protect our liberties . the people have so much liberty as is necessary to make them useful to the crown . our government is in a just proportion , no tympany , no unnatural swelling either of power or liberty ; and whereas in all overgrown monarchies , reason , learning , and enquiry are hang'd in effigy for mutineers ; here they are encouraged and cherished as the surest friends to a government establish'd upon the foundation of law and justice . when all is done , those who look for perfection in this world , may look as the jews have for their messias , and therefore our trimmer is not so unreasonably partial as to free our governments ; and from all objections , no doubt there have been fatal instances of its sickness , and more than that , of its mortality , for sometime , tho' by a miracle , it hath been reviv'd again : but till we have another race of mankind , in all constitutions that are bounded , there will ever be some matter of strife , and contention , and rather than want pretensions , mens passions and interests will raise them from the most inconsiderable causes . our government is like our climate ▪ there are winds which are sometimes loud and unquiet , and yet with all the trouble they give us , we owe , great part of our health unto them , they clear the air , which else would be like a standing pool , and in stead of refreshment would be a disease unto us . there may be fresh gales of asserting liberty , without turning into such storms of hurricane , as that the state should run any hazard of being cast away by them ; these struglings which are natural to all mixed governments , while they are kept from growing in convulsions , do by a mutual agitation from the several parts , rather support and strengthen , than weaken or maim the constitution ; and the whole frame , instead of being torn or disjointed , comes to be the better and closer knit by being thus exercised ; but what ever faults our government may have , or a discerning critick may find in it , when he looks upon it alone ; let any other be set against it , and then it shews its comparative beauty ; let us look upon the most glittering outside of unbounded authority , and upon a nearer enquiry , we shall find nothing but poor and miserable deformity within ; let us imagine a prince living in his kingdom , as if in a great gally , his subjects tugging at the oar , laden with chains , and reduced to real rags , that they may gain him imaginary lawrels ; let us represent him gazing among his flatterers , and receiving their false worship , like a child never contradicted , and therefore always cozen'd● or like a lady complemented only to be abused , condemned never to hear truth ▪ and consequently never to do justice , w●llowing in the soft bed of wanton and unbridled greatness , not less odious to the instruments themselves , than to the objects of his tyranny ; blown up into an ambitious dropsy , never to be satisfied by the conquest of other people , or by the oppression of his own ; by aiming to be more than a man , he falls lower than the meanest of 'em , a mistaken creature , swelled with panegyricks , and flattered out of his senses , and not only an incumbrance , but a nuisance to mankind , a hardened and unrelenting soul , and like some creatures that grow fat with poisons , he grows great by other mens miseries ; an ambitious ap● of the divine greatness , an unruly gyant that would storm even heaven it self , but that his scaling ladders are not long enough ; in short , a wild and devouring creature in rich trappings , and with all his pride no more than a whip in god almighty's hand , to be thrown into the fire when the world has been sufficiently scourged with it : this picture laid in right colours would not incite men to wish for such a government , but rather to acknowledge the happiness of our own , under which we enjoy all the privilege reasonable men can desire , and avoid all the miserie 's many others are subject to ; so that our trimmer would keep it with all its faults , and does as little forgive those who give the occasion of breaking it , as he does those that take it . our trimmer is a friend to parliaments , notwithstanding all their faults , and excesses , which of late have given such matter of objection to them ; he thinks that tho' they may at sometimes be troublesome to authority , yet they add the greatest strength to it under a wise administration ; he believes no government is perfect except a kind of omnipotence reside in it , to exercise upon great occasions : now this cannot be obtained by force alone upon people , let it be never so great , there must be their consent too , or else a nation moves only by being driven , a sluggish and constrained motion , void of that life and vigour which is necessary to produce great things , whereas the virtual consent of the whole being included in their representatives , and the king giving the sanction to the united sense of the people , every act done by such an authority , seems to be an effect of their choice as well as a part of their duty ; and they do with an eagerness , of which men are uncapable whilst under a force , execute whatsoever is so enjoyned as their own wills , better explained by parliament , rather than from the terrour of incurring the penalty of the law for omiting it , and by means of this political omnipotence , what ever sap or juice there is in a nation , may be to the last drop produc'd , whilst it rises naturally from the root ; whereas all power exercis'd without consent , is like the giving wounds and gashes , and tapping a tree at unseasonable times , for the present occasion , which in a very little time must needs destroy it . our trimmer believes , that by the advantage of our situation , there can hardly any such sudden disease come upon us , but that the king may have time enough left to consult with his physicians in parliament ; pretences indeed may be made , but a real necessity so pressing , that no delay is to be admitted , is hardly to be imagin'd , and it will be neither easie to give an instance of any such thing for the time past , or reasonable to presume it will ever happen for the time to come : but if that strange thing should fall out , our trimmer is not so streight-lac'd , as to let a nation die , or to be stifled , rather than it should be help'd by any but the proper officers . the cases themselves will bring the remedies along with them ; and he is not afraid to allow that in order to its preservation , there is a hidden power in government , which would be lost if it was designed , a certain mystery , by virtue of which a nation may at some critical times be secur'd from ruine , but then it must be kept as a mystery ; it is rendred useless when touch'd by unskilfull hands : and no government ever had , or deserv'd to have that power , which was so unwary as to anticipate their claim to it : our trimmer cannot help thinking it had been better , if the triennial act had been observ'd ; because 't is the law , and he would not have the crown , by such an example , teach the nation to break it ; all irregularity is catching , it has a contagion in it , especially in an age , so much enclin'd to follow ill patterns than good ones . he would have a parliament , because 't is an essential part of the constitution , even without the law , it being the only provision in extraordinary cases , in which there would be otherwise no remedy , and there can be no greater solecism in government , than a failure of justice . he would have had one , because nothing else can unite and heal us , all other means are meer shifts and projects , houses of cards , to be blown down with the least breath , and cannot resist the difficulties which are ever presum'd in things of this kind ; and he would have had one , because it might have done the king good , and could not possibly have done him hurt , without his consent , which in that case is not to be supposed , and theresore for him to fear it , is so strange and so little to be comprehended , that the reasons can never be presum'd to grow in our soyl , or to thrive in it when transplanted from any other country ; and no doubt there are such irresistible arguments for calling a parliament , and tho it might , be deny'd to the unmannerly mutinous petitions of men , that are malicious and diaffected , it will be granted to the soft and obsequious murmurs of his majesty's best subjects , and there will be such retorick in their silent grief , that it will at last prevail against the artifices of those , who either out of guilt or interest , are afraid to throw themselves upon their country , knowing how scurvily they have used it ; that day of judgment will come , tho we know neither the day nor the hour . and our trimmer would live so as to be prepared for it , with full assurance in the mean time , that the lamenting voice of a nation cannot long be resisted , and that a prince who could so easily forgive his people when they had been in the wrong , cannot fail to hear them when they are in the right . the trimmer's opinion concerning the protestant religion . religion has such a superiority above other things , and that indispensable influence upon all mankind , that it is as necessary to our living happy in this world , as it is to our being sav'd in the next , without it man is an abandon'd creature , one of the worst beasts nature hath produc'd , and fit ònly for the society of wolves and bears ; therefore in all ages it has been the foundation of government : and tho' false gods have been impos'd upon the credulous part of the world , yet they were gods still in their opinion , and the awe and reverence men had to them and their oracles , kept them within bounds towards one another , which the laws with all their authority could never have effected without the help of religion ; the laws would not be able to subdue the perverseness of mens wills , which are wild beasts , and require a double chain to keep them down ; for this reason 't is said , that it is not a sufficient ground to make war upon a neighbouring state , because they are of another religion , let it be never so differing : yet if they worship'd nor acknowledg'd any deity at all , they may be invaded as publick enemies of mankind , because they reject the only thing that can bind them to live well with one another ; the consideration of religion is so twisted with that of government , that it is never to be separated , and tho the foundations of it ought to be eternal and unchangeable , yet the terms and circumstances of discipline , are to be suited to the several climates and constitutions , so that they may keep men in a willing acquiescence unto them , without discomposing the world by nice disputes , which can never be of equal moment with the publick peace . our religion here in england seems to be distinguished by a peculiar effect of god almighty's goodness , in permiting it to be introduc'd , or rather restored , by a more regular method than the circumstances of most other reformed churches , would allow them to do , in relation to the government ; and the dignity with which it has supported it self since , and the great men our church hath produced , ought to recommend it to the esteem of all protestants at least : our trimmer is very partial to it , for these reasons , and many more , and desires that it may preserve its due jurisdiction and authority ? so far he is from wishing it oppressed by the unreasonable and malicious cavils of those who take pains to raise objections against it . the questions will then be , how and by what methods this church shall best support it self ( the present circumstances consider'd ) in relation to dissenters of all sorts : i will first lay this for a ground , that as there can be no true religion without charity , so there can be no true humane prudence without bearing and condescension : this principle does not extend to oblige the church always to yield to those who are disposed to contest with her , the expediency of doing it is to be considered and determined according to the occasion , and this leads me to lay open the thoughts of our trimmer , in reference first , to the protestants , and then to the popish recusants . what has lately hapned among us , makes an apology necessary for saying any thing that looks like favour towards a sort of men who have brought themselves under such a disadvantage . the late conspiracy hath such broad symptoms of the disaffection of the whole party , that upon the first reflections , while our thoughts are warm , it would almost perswade us to put them out of the protection of our good nature , and to think that the christian indulgence with our compassion for other mens sufferings , cannot easily deny , seems not only to be forfeited by the ill appearances that are against them , but even becomes a crime when it is so misapplied ; yet for all this , upon second and cooler thoughts , moderate men will not be so ready to involve a whole party in the guilt of a few , and to admit inferences and presumptions to be evidence in a case , where the sentence must be so heavy , as it ought to be against all those who have a fixed resolution against the government established ? besides● men who act by a principle grounded upon moral vertue , can never let it be clearly extinguished by the most repeated provocations ; if a right thing agreeable to nature and good sense takes root in the heart of a man , that is impartial and unbyass'd , no outward . circumstances can ever destroy it ; it 's true , the degrees of a mans zeal for the prosecution of it may be differing , faults of other men , the consideration of the publick , and the seasonable prudence by which wise men will ever be directed , may give great allays ; they may lessen and for a time perhaps suppress the exercise of that , which in general proposition may be reasonable , but still whatever is so will inevitably grow and spring up again , having a foundation in nature , which is never to be destroy'd . our trimmer therefore endeavours to separate the detestation of those who had either a hand or a thought in the late plot , from the principle of prudential as well as christian charity towards mankind , and for that reason would fain use the means of reclaiming such of the dissenters as are not incurable , and even bearing to a degree those that are as far as may consist with the publick interest and security ; he is far from justifying an affected separation from the communion of the church , and even in those that mean well , and are mistaken , he looks upon it as a disease that has seized upon their minds , very troublesome as well as dangerous , by the consequence it may produce : he does not go about to excuse their making it an indispensable duty , to meet in numbers to say their prayers , such meetings may prove mischievous to the state at least ; the laws which are the best judges , have determined that there is danger in them : he has good nature enough to lament that the perversness of a part should have drawn rigorous laws upon the whole body of the dissenters , but when they are once made no private opinion must stand in opposition to them ; if they are in themselves reasonable , they are in that respect to be regarded , even without being enjoyned , if by the change of time and circumstances they should become less reasonable than when they were first made , even then they are to be obey'd too , because they are laws , till they are mended or repealed by the same authority that enacted them . he has too much deference to the constitution of our government , to wish for more prerogative declarations in favour of scrupulous men , or to dispence with penal laws in such manner , or to such an end , that suspecting men might with some reason pretend , that so hated a thing as persecution could never make way for it self with any hopes of success , otherwise than by preparing the deluded world by a false prospect of liberty and indulgence . the inward springs and wheels whereby the engine moved , are now so fully laid open and expos'd that it is not supposable that such a baffled experiment should ever be tryed again , the effect it had at the time , and the spirit it raised , will not easily be forgotten , and it may be presum'd the remembrance of it may secure us from any more attempts of that nature for the future ; we must no more break a law to give men ease , than we are to rifle an house with a devout intention of giving the plunder to the poor ; in this case , our compassion would be as ill directed , as our charity in the other . in short , the veneration due to the laws is never to be thrown off , let the pretences be never so specious ; yet with all this he cannot bring himself to think , that an extraordinary diligence to take the uttermost penalty of laws , upon the poor offending neighbour , is of it self such an all sufficient vertue , that without any thing else to recommend men , it should entitle them to all kind of preferments and rewards ; he would not detract from the merits of those who execute the laws , yet he cannot think such a piece of service as this , can entirely change the man , and either make him a better divine , or a more knowing magistrate than he was before , especially if it be done with a partial and unequal hand in reverence to greater and more dangerous offenders . our trimmer would have those mistaken men ready to throw themselves into the arms of the church , and he would have those arms as ready to receive them that shall come to us ; he would have no supercilious look to fright those strayed sheep from coming into the fold again ; no ill-natur'd maxims of an eternal suspicion , or a belief that those who have once been in the wrong can never be in the right again ; but a visible preparation of mind to receive with joy all the proselytes that come amongst us , and much greater earnestness to reclaim than punish them : it is to be confessed , there is a great deal to forgive , a hard task enough for the charity of a church so provoked ; but that must not cut off all hopes of being reconciled , yet if there must be some anger left still , let it break out into a christian revenge , and by being kinder to the children of disobedience than they deserve , let the injur'd church triumph , by throwing shame and confusion of face upon them ; there should not always be storms and thunder , a clear sky would sometime make the church look more like heaven , and would do more towards the reclaiming those wanderers , than a perpetual terrour , which seemed to have no intermission ; for there is in many , and particularly in english men , a mistaken pleasure , in resisting the dictates of rigorous authority ; a stomach that riseth , against a hard imposition , nay , in some , raise even a lust in suffering from a wrong point of honour , which does not want the applause , from the greater part of mankind , who have not learnt to distinguish ; constancy will be thought a virtue even where it is a mistake ; and the ill judging world will be apt to think that opinion most right , which produces the greatest number of those who are willing to suffer for it ; all this is prevented , and falls to the ground , by using well-timed indulgence ; and the stubborn adversary who values himself upon his resistance whilst he is oppress'd , yields insensibly to kind methods , when they are apply'd to him , and the same man naturally melts into conformity , who perhaps would never have been beaten into it . we may be taught by the compassion that attendeth the most criminal men when they are condemned , that faults are much more natural things than punishments , and that even the most necessary acts of severity do some kind of violence to our nature , whose indulgence will not be confined within the strait bounds of inexorable justice ; so that this should be an argument for gentleness , besides that it is the likeliest way to make these men asham'd of their separation , whilst the pressing them too hard , tends rather to make them proud of it . our trimmer would have the clergy supported in their lawful rights , and in all the power and dignity that belongs to them , and yet he thinks that possibly there may be in some of them a too great eagerness to extend the ecclesiastical jurisdiction ; which tho it may be well intended , yet the straining of it too high has an appearance of ambition that raises mens objections to it , and is far unlike the apostolick zeal , which was quite otherwise employ'd , that the world draws inferences from it , which do the church no service . he is troubled to see men of all sides sick of a calenture of a mistaken devotion , and it seems to him that the devout fire of mistaken charity with which the primitive christians were inflam'd , is long since extinguish'd , and instead of it a devouring fire of anger and persecution breaks out in the world ; we wrangle now one with another about religion till the blood comes , whilst the ten commandments have no more authority with us , than if they were so many obsolete laws or proclamations out of date ; he thinks that a nation will hardly be mended by principles of religion , where morality is made a heresy ; and therefore as he believes-devotion misplaced when it gets into a conventicle , he concludes that loyalty is so too , when lodg'd in a drunken club ; those vertues deserve a better seat of empire , and they are degraded , when such men undertake their defence , as have too great need of an apology themselves . our trimmer wishes that some knowledge may go along with the zeal on the right side , and that those who are in possession of the pulpit , would quote ▪ at least so often the authority of the scriptures as they do that of the state ; there are many who borrow too often arguments from the government ; to use against their adversaries , and neglect those that are more proper , and would be more powerful ; a divine grows less , and puts a diminution on his own character , when he quoteth any law but that of god almighty , to get the better of those who contest with him ; and it is a sign of a decay'd constitution , when nature with good diet cannot expel noxious humours without calling foreign drugs to her assistance ; so it looks , like want of health in a church , when instead of depending upon the power of that truth which it holds , and the good examples of them that teach it , to support it self , and to suppress errors , it should have a perpetual recourse to the secular authority , and even upon the slightest occasions . our trimmer has his objections to the too busy diligence , and to the overdoing of some of the dissenting clergy , and he does as little approve of those of our church , who wear god almighty's liveries , as some old warders in the tower do the king 's , who do nothing in their place but receive their wages for it ; he thinks that the liberty of the late times gave men so much light , and diffused it so universally amongst the people , that they are not now to be dealt with , as they might have been in ages of less enquiry ; and therefore in some well chosen and dearly beloved auditories , good resolute nonsence back'd with authority may prevail , yet generally men are become so good judges of what they hear , that the clergy ought to be very wary how they go about to impose upon their understandings , which are grown less humble than they were in former times , when the men in black had made learning such a sin in the laity , that for fear of offending , they made a conscience of being able to read ; but now the world is grown sawcy , and expects reasons , and good ones too , before they give up their own opinions to other mens dictates , tho never so magisterially deliver'd to them . our trimmer is far from approving the hypocrisie , which seems to be the reigning vice amongst some of the dissenting clergy , he thinks it the most provoking sin men can be guilty of , in relation to heaven , and yet ( which may seem strange ) that very sin which shall destroy the soul of the man who preaches , may help to save those of the company that hear him , and even those who are cheated by the false ostentation of his strictness of life , may by that pattern be encouraged to the real practice of those christian vertues which he does so deceitfully profess ; so that the detestation , of this fault may possibly be carry'd on too far by our own orthodox divines , if they think it cannot be enough express'd without bending the stick another way ; a dangerous method , and a worse extream for men of that character , who by going to the outmost line of christian liberty , will certainly encourage others to go beyond it : no man does less approve the ill-bred methods of some of the dissenters , in rebuking authority , who behave themselves as if they thought ill manners necessary to salvation ; yet he cannot but distinguish and desire a mean between the sawcyness of some of the scotch apostles , and the undecent courtship of some of the silken divines , who , one would think , do practice to bow at the altar , only to learn to make the better legs at court. our trimmer approves the principles of our church , that dominion is not founded in grace , and that our obedience is to be given to a popish king in other things , at the same time that our compliance with him in his religion is to be deny'd ; yet he cannot but think it a very extraordinary thing if a protestant church should by a voluntary election , chuse a papist for their guardian , and receive directions for supporting their religion , from one who must believe it a mortal sin not to endeavour to destroy it ; such a refined piece of breeding would not seem to be very well plac'd in the clergy , who will hardly find precedents to justify such an extravagant piece of courtship , and which is so unlike the primitive methods , which ought to be our pattern ; he hath no such unreasonable tenderness for any sorts of men , as to expect their faults should not be impartially laid open as often as they give occasion for it ; and yet he cannot but smile to see that the same man , who sets up all the sails of his rhetorick , to fall upon dissenters ; when popery is to be handled , he does it so gingerly , that he looketh like an ass mumbling of thistles , so afraid he is of letting himself loose where he may be in danger of letting his duty get the better of his discretion . our trimmer is far from relishing the impertinent wandrings of those who pour out long prayers upon the congregation , and all from their own stock , which god knows , for the most part is a barren soil , which produces weeds instead of flowers , and by this means they expose religion it self , rather than promote mens devotions : on the other side , there may be too great restraint put upon men , whom god and nature hath distinguished from their fellow labourers , by blessing them with a happier talent , and by giving them not only good sense , but a powerful utterance too , has enabled them to gush out upon the attentive auditory , with a mighty stream of devout and unaffected eloquence ; when a man so qualified , endued with learning too , and above all , adorn'd with a good life , breaks out into a warm and well deliver'd prayer before his sermon , it has the appearance of a divine rapture , he raises and leads the hearts of the assembly in another manner , than the most compos'd or best studied form of set words can ever do ; and the pray-wees , who serve up all their sermons with the same garnishing , would look like so many statues , or men of straw in the pulpit , compar'd with those who speak with such a powerful zeal , that men are tempted at the moment to believe heaven it self has dictated their words to ' em . our trimmer is not so unreasonably indulgent to the dissenters , as to excuse the irregularities of their complaints , and to approve their threatning stiles , which are so ill-suited to their circumstances as well as their duty ; he would have them to shew their grief , and not their anger to the government , and by such a submission to authority , as becomes them , if they cannot acquiesce in what is imposed ; let them deserve a legislative remedy to their sufferings , there being no other way to give them perfect redress ; and either to seek it , or pretend to give it by any other method , would not only be vain , but criminal too in those that go about it ; yet with all this , there may in the mean time be a prudential latitude left , as to the manner of preventing the laws now in force against them : the government is in some degree answerable for such an administration of them , as may be free from the censure of impartial judges ; and in order to that , it would be necessary that one of these methods be pursued , either to let loose the laws to their utmost extent , without any moderation or restraint , in which at least the equality of the government would be without objection , the penalties being exacted without remission from the dissenters of all kinds ; or if that will not be done ( and indeed there is no reason it should ) there is a necessity of some connivance to the protestant dissenters to execute that which in humanity must be allowed to the papists , even without any leaning towards them , which must be supposed in those who are or shall be in the administration of publick business ; and it will follow that , according to our circumstances , the distribution of such connivance must be made in such a manner , that the greatest part of it may fall on the protestant side , or else the objections will be so strong , and the inferences so clear , that the friends , as well as the enemies of the crown , will be sure to take hold of them . it will not be sufficient to say that the papists may be conniv'd at , because they are good subjects and that the protestant dissenters , must suffer because they are ill ones ; these general maxims will not convince discerning men , neither will any late instances make them forget what passed at other times in the world ; both sides have had their turns in being good and ill subjects . and therefore 't is easie to imagine what suspicions would arise in the present conjuncture , if such a partial argument as this should be impos'd upon us ; the truth is , this matter speaks so much of it self , that it is not only unnecessary , but it may be mannnerly to say any more of it . our trimmer therefore could wish , that since notwithstanding the laws which deny churches to say mass in ; even not only the exercise , but also the ostentation of popery is as well or better performed in the chappels of so many foreign ministers , where the english openly resort in spight of proclamations and orders of council , which are grown to be as harmless things to them , as the popes bulls and excommunications are to hereticks who are out of his reach ; i say he could wish that by a seasonable as well as an equal piece of justice , there might be so much consideration had of the protestant dissenters , as that there might be at sometimes , and at some places , a● veil thrown over an innocent and retired conventicle , and that such an indulgence might be practis'd with less prejudice to the church , or diminution to the laws ; it might be done so as to look rather like a kind omission to enquire more strictly , than an allow'd toleration of that which is against the rule established . such a skilful hand as this is very necessary in our circumstances , and the government by making no sort of men entirely desperate , does not only secure it self from villainous attempts , but lay such a foundation for healing and uniting laws , when ever a parliament shall meet , that the seeds of differences and animosities between the several contending sides may ( heaven consenting ) be for ever destroy'd . the trimmer's opinion concerning the papists . to speak of popery leads me into such a sea of matter , that it is not easie to forbear launching into it , being invited by such a fruitful theme , and by a variety never to be exhausted ; but to confine it to the present subject , i will only say a short word of the religion it self ; of its influences here at this time ; and of our trimmer's opinion in relation to our manner of living with them . if a man would speak maliciously of this religion , one may say it is like those diseases , where as long as one drop of the infection remains , there is still danger of having the whole mass of blood corrupted by it . in swedeland there was an absolute cure , and nothing of popery heard of , till queen christina , ( whether mov'd by arguments of this or the other world , may not be good manners to enquire ) thought fit to change her religion and country , and to live at rome , where she might find better judges of her virtues , and less ungentle censures of those princely liberties , to which she was sometimes disposed , than she left at stockholme ; where the good breeding is as much inferior to that of rome in general , as the civility of the religion . the cardinals having rescued the church from those clownish methods the fishermen had first introduc'd , and mended that pattern so effectually , that a man of that age , if he should now come into the world , would not possibly know it . in denmark the reformation was entire ; in some states of germany , as well as geneva , the cure was universal ; but in the rest of the world where the protestant religion took place , the popish humour was too tough to be totally expell'd , and so it was in england ; tho' the change was made with àll the advantage imaginable to the reformation , it being countenanc'd and introduc'd by legal authority , and by that means , might have been perhaps as perfect as in any other place , if the short reign of edward the th , and the succession of a popish queen had not given such advantage to that religion , that it has subsisted ever since under all the hardships that have been put upon it ; it has been a strong compact body , and made the more so by these sufferings ; it was not strong enough to prevail , but it was able , with the help of foreign support , to carry on an interest which gave the crown trouble , and to make a considerable ( not to say dangerous ) figure in the nation ; so much as this could not have been done without some hopes , nor these hopes kept up without some reasonable grounds : in queen elizabeth's time , the spanish zeal for their religion , and the revenge for , gave warmth to the papists here , and above all the right of the queen of scots to succeed , was while she lived sufficient to give them a better prospect of their affairs : in king james's time their hopes were supported by the treaty of the spanish match , and his gentleness towards them , which they were ready to interpret more in their own favour , than was either reasonable or became them , so little tenderness they have , even where it is most due , if the interest of their religion comes in competition with it . as for the late king , tho he gave the most glorious evidence that ever man did of his being a protestant , yet , by the more than ordinary influence the queen was thought to have over him , and it so happening that the greatest part of his anger was directed against the puritans , there was such an advantage to men dispos'd to suspect , that they were ready to interpret it a leaning towards popery , without which handle it was morally impossible , that the ill-affected part of the nation could ever have seduc'd the rest into a rebellion . that which help'd to confirm many well meaning men in their misapprehensions of the king , was the long and unusual intermission of parliaments ; so that every year that passed without one , made up a new argument to increase their suspicion , and made them presume that the papists had a principal hand in keeping them off ; this raised such heats in mens minds , to think that men who were obnoxious to the laws , instead of being punished , should have credit enough to serve themselves ; even at the price of destroying the fundamental constitution ; that it broke out into a flame , which before it could be quenched , had almost reduc'd the nation to ashes . amongst the miserable effects of that unnatural war , none hath been more fatal to us , than the forcing our princes to breathe in another air , and to receive the early impressions of a foreign education ; the barbarity of the english , towards the king and the royal family , mighty very well tempt him to think the better of every thing he found abroad , and might-naturally produce more gentleness , at least , towards a religion by which he was hospitably received , at the same time that he was thrown off and persecuted by the protestants , ( tho' his own subjects ) to aggravate the offence . the queen mother , ( as generally ladies do with age ) grew most devout and earnest in her religion ; and besides , the temporal rewards of getting larger subsidies from the french clergy , she had motives of another kind , to perswade her to shew her zeal ; and since by the roman dispensatory , a soul converted to the church is a soveraign remedy , and lays up a mighty stock of merit , she was solicitous to secure her self in all events , and therefore first set upon the duke of glocester , who depended so much upon her good will , that she might for that reason have been induc'd to believe , the conquest would not be difficult ; but it so fell out , that he either from his own constancy , or that he had those near him by whom he was otherways advis'd , chose rather to run away from her importunity , than by staying to bear the continual weight of it : it is believ'd she had better success with another of her sons , who , if he was not quite brought off from our religion , at least such beginnings were made , as made them very easie to be finish'd ; his being of a generous and aspiring nature , and in that respect , less patient in the drudgery of arguing , might probably help to recommend a church to him , that exempts the laity from the vexation of enquiring ; perhaps he might ( tho by mistake ) look upon that religion as more favourable to the enlarged power of kings , a consideration which might have its weight with a young prince in his warm blood , and that was brought up in arms. i cannot hinder my self from a small digression , to consider with admiration , that the old lady of rome , with all her wrinkles , should yet have charms , able to subdue great princes ; so far from handsome , and yet so imperious ; so painted , and yet so pretending ; after having abus'd , depos'd , and murther'd so many of her lovers , she still finds others glad and proud of their now chains ; a thing so strange ) to indifferent judges , that those who will allow no other miracles in the church of rome , must needs grant that this is one not to be contested ; she sits in her shop , and sells at dear rates her rattles and her hobby-horses , whilst the deluded world still continues to furnish her with customers . but whither am i carried with this contemplation ? it is high time to return to my text , and to consider the wonderful manner of the kings coming home again , led by the hand of heaven , and called by the voice of his own people , who receiv'd him , if possible , with joys equal to the blessing of peace and union which his restauration brought along with it ; by this there was an end put to the hopes some might have abroad , of making use of 〈◊〉 less happy circumstances , to throw him into foreign interests and opinions , which had been wholly inconsistent with our religion , our laws , and all other things that are dear to us ; yet for all this some of those tinctures and impressions might so far remain , as tho' they were very innocent in him , yet they might have ill effects here , by softning the animosity which seems necessary to the defender of the protestant faith , in opposition to such a powerful and irreconcilable an enemy . you may be sure , that among all the sorts of men who apply'd themselves to the king at his first coming home , for his protection , the papists were not the last , no● as they fain would have flatter'd themselves , the least welcome ; having their past sufferings , as well as their present professions to recommend them ; and there was something that look'd like a particular consideration of them , since it so happened , that the indulgence promised to dissenters at breda , was carried , on in such a manner , that the papists were to divide with them , and tho' the parliament , notwithstanding its resignation to the crown in all things , rejected with scorn and anger a declaration fram'd for this purpose , yet the birth and steps of it gave such an alarm , that mens suspicions once raised , were not easily laid asleep again . to omit other things , the breach of the tripple league , and the dutch war with its appurtenances , carried jealousies to the highest pitch imaginable , and fed the hopes of one party , and the fears of the other to such a degree , that some critical revolutions were generally expected , when the ill success of that war , and the sacrifice france thought fit to make of the papists here , to their own interest abroad , gave them another check ; and the act of enjoyning the test to all in offices , was thought to be no ill bargain to the nation , tho' bought at the price of pound , and the money apply'd to continue the war against the dutch , than which nothing could be more unpopular or less approved . notwithstanding the discouragements , popery is a plant that may be mowed down , but the root will still remain , and in spite of the laws , it will sprout up and grow again ; especially if it should happen that there should be men in power , who in weeding it out of our garden , will take care to cherish and keep it alive ; and tho' the law for excluding them from places of trust was tolerably kept as to their outward form , yet there were many circumstances , which being improved by the quick-sighted malice of ill affected men , did help to keep up the world in their suspicions , and to blow up jealousies to such a height both in and out of parliament , that the remembrance of them is very unpleasant , and the example so extravagant , that it is to be hop'd nothing in our age like it will be re-attempted ; but to come closer to the case in question in this condition we stand with the papists , what shall now be done according to our trimmer's opinion , in order to the better bearing this grievance , since as i have said before , there is no hopes of being entirely free from it ; papists we must have among us , and if their religion keep them from bringing honey to the hive , let the government try at least by gentle means to take away the sting from them . the first foundation to be laid is , that a distinct consideration is to be had of the popish clergy , who have such an eternal interest against all accommodation , that it is a hopeless thing to propose any thing to them less than all ; their stomachs have been set for it ever since the reformation , they have pinned themselves to a principal that admits no mean : they believe protestants will be damn'd , and therefore by an extraordinary effect of christian charity , they would destroy one half of england that the other might be saved ; then for this world , they must be in possession for god almighty , to receive his rents for him , not to accompt till the day of judgment , which is a good kind of tenure , and ye cannot well blame the good men , that will stir up the laity to run any hazard in order to the getting them restor'd . what is it to the priest , if the deluded zealot undoes himself in the attempt ? he sings masses as jollily , and with as good a voice at rome or st. omers as ever he did ; is a single man , and can have no wants but such as may be easily supply'd , yet that he may not seem altogether insensible , or ungrateful to those that are his martyrs , he is ready to assure their executors , and if they please , will procure a grant sub annulo piscatoris , that the good man by being changed , has got a good bargain , and sav'd the singing of some hundred of years , which he would else have had in purgatory . there 's no cure for this order of men , no expedient to be propos'd , so that tho the utmost severity of the laws against them , may in some sort be mitigated , yet no treaty can be made with men who in this case have left themselves no free will , but are so muffled by zeal , tyed by vows , and kept up by such unchangeable maxims of the priesthood , that they are to be left as desperate patients , and look'd upon as men that will continue in an eternal state of hostility , till the nation is entirely subdued to them . it is then only the lay papists that are capable of being treated with , and we are to examine of what temper they are , and what arguments are the most likely to prevail upon them , and how far 't is adviseable for the government to be indulgent to them ; the lay papists generally keep their religion , rather because they will not break company with those of their party , than out of any settled zeal that hath root in them ; most of them do by the mediation of the priests marry amongst one another , to keep up an ignorant position by hearing only one side ; others by a mistake look upon it as the escutcheo●s of the more antient religion of the two ; and as some men of a good pedigree , wi●● despise meaner men , tho' never so 〈◊〉 superior to them by nature , so these under● value reformation as an upstart , and think there is more honour in supporting an old errour , than in embracing what seems to them to be a new truth ; the laws have made them men of pleasure , by excluding them from publick business , and it happen● well they are so , since they will the more easily be perswaded by arguments of ease and conveniency to them ; they have not put off the man in general , nor the englishman in particular , those who in the la●e storm against them went into other countries , tho they had all the advantage that might recommend them to a good reception , yet in a little time they chose to steal over again , and live here with hazard , rather than abroad with security . there is a smell in our native earth , better than all the perfumes in the east ; there is something in a mother , tho never so angry , that the children will more naturally trust her , than the studied civilities of strangers , let them be never so hospitable ; therefore 't is not adviseable nor agreeing with the rules of governing prudence , to provoke men by hardships to forget that nature , which else is sure to be of our side . when these men by fair usage are put again into their right senses , they will have quite differing reflections from those which rigour and persecution had raised in them : a lay papist will first consider his abby-lands , which notwithstanding whatever has or can be alledged , must sink considerably in the value , the moment that popery prevails ; and it being a disputable matter , whether zeal might not in a little time get the better of the law in that case ; a considering man will admit that as an argument to perswade him , to be content with things as they are , rather than run this or any other hazard by change , in which perhaps he may have no other advantage , than that his new humble confessor may be rais'd to a bishoprick , and from thence look down superciliously upon his patron , or which is worse , run to take possession for god almighty of his abby , in such a manner as the usurping landlord ( as he will then be called ) shall hardly be admitted to be so much as a tenant to his own land's , lest his title should prejudge that of the church , which will then be the language ; he will think what disadvantage 't is to be looked upon as a separate creature , depending upon a foreign interest and authority , and for that reason , expos'd to the jealousie and suspicion of his country-men ; he will reflect what incumbrance it is to have his house a pasture for hungry priests to graze in , which have such a never-failing influence upon the foolish , which is the greatest part of every man's family , that a man's dominion , even over his own children , is mangled , and divided , if not totally undermin'd by them ; then to be subject to what arbitrary taxes the popish convocation shall impose upon them for the carrying on the common interest of that religion , under penalty of being mark'd out for half hereticks by the rest of the party ; to have no share in business , no opportunity of shewing his own value to the world ; to live at the best an useless , and by others to be thought a dangerous member of the nation where he is born , is a burthen to a generous mind that cannot be taken off by all the pleasure of a lazy unmanly life , or by the nauseous enjoyment of a dull plenty , that produceth no good for the mind , which will be considered in the first place by a man that has a soul ; when he shall think , that if his religion , after his wading through a sea of blood , come at last to prevail , it would infinitely lessen , if not entirely destroy the glory , riches , strength and liberty of his own country . and what a sacrifice is this to make to rome , where they are wise enough to wonder there should be such fools in the world , as to venture , struggle , and contend , nay even die martyrs for that which , should it succeed , would prove a judgment instead of a blessing to them ; he will conclude that the advantages of throwing some of their children back again to god almighty when they have too many of them , are not equal to the inconveniencies they may either feel or fear , by continuing their separation from the religion established . temporal things will have their weight in the world , and tho zeal may prevail for a time , and get the better in a skirmish , yet the war ends generally on the side of flesh and blood , and will do so till mankind is another thing than it is at present : and therefore a wise papist in cold blood , considering these and many other circumstances , which 't will be worth his pains to see if he can unmuffle himself from the mask of infallibility , will think it reasonable to set his imprison'd senses at liberty , and that he has a right to see with his own eyes , hear with his own ears , and judge by his own reason ; the consequence of which might probably be , that weighing things in a right scale , and seeing them in their true colours , he would distinguish between the merit of suffering for a good cause , and the foolish ostentation of drawing inconveniences upon himself ; and therefore will not be unwilling to be convinc'd that our protestant creed may make him 〈◊〉 in the other world , and the 〈…〉 this . a few of such wise proselytes would by their example draw so many after them , that the party would insensibly melt away , and in a little time , without any angry word , we should come to an union , that all good men would have reason to rejoyce at ; but we are not to presume upon these conversions , without preparing men for them by kind and reconciling arguments ; nothing is so against our nature , as to believe those can be in the right who are too hard upon us ; there is a deformity in every thing that doth us hurt , it will look scurvily in our eye while the smart continues , and a man must have an extraordinary measure of grace , to think well of a religion that reduces him and his family to misery ; in this respect our trimmer would consent to the mitigation of such laws as were made , ( as it 's said king henry viii . got queen elizabeth ) in a heat against rome : it may be said that even states as well as private men are subject to passion ; a just indignation of a villainous attempt produces at the same time such remedies , as perhaps are not without some mixture of revenge , and therefore tho time cannot repeal a law , it may by a natural effect soften the execution of it ; there is less danger to rouse a lyon when at rest , than to awake laws that were intended to have their time of sleeping , nay more than that , in some cases their natural periods of life , dying of themselves without the solemnity of being revok'd , any otherwise than by the common consent of mankind , who do cease to execute , when the reasons in great measure fail that first created and justify'd the rigour of such unusual penalties . our trimmer is not eager to pick out some places in history against this or any other party ; quite contrary , is very sollicitous to find out any thing that may be healing , and tend to an agreement ; but to prescribe the means of this gentleness so as to make it effectual , must come from the only place that can furnish remedies for this cure , viz. a parliament ; in the mean time , it is to be wished there may be such a mutual calmness of mind , as that the protestants might not be so jealous , as still to smell the match that was to blow up the king and both houses in the gun-powder treason , or to start at every appearance of popery , as if it were just taking possession . on the other side , let not the papists suffer themselves to be led by any hopes , tho never so flattering , to a confidence or ostentation which must provoke men to be less kind to them ; let them use modesty on their sides , and the protestants indulgence on theirs ; and by this means there will be an overlooking of all venial faults , a tacit connivence at all things that do not carry scandal with them , and would amount to a kind of natural dispensation with the severe laws , since there would be no more accusers to be found , when the occasions of anger and animosity are once remov'd ; let the papists in the mean time remember , that there is a respect due from all lesser numbers to greater , a deference to be paid by an opinion that is exploded , to one that is established ; such a thought well digested will have an influence upon their behaviour , and produce such a temper as must win the most eager adversaries out of their ill humour to them , and give them a title to all the favour that may be consistent with the publick peace and security . the trimmer's opinion in relation to things abroad . the world is so compos'd , that it is hard , if not impossible , for a nation not to be a great deal involv'd in the fate of their neighbours , and tho by the felicity of our situation , we are more independant than any other people , yet we have in all ages been concern'd for our own sakes in the revolutions abroad . there was a time when england was the over-balancing power of christendom , and that either by inheritance or conquest , the better part of france receiv'd laws from us ; after that we being reduc'd into our own limits , france and spain became the rivals for the universal monarchy , and our third power , tho in it self less than either of the other , hapned to be superiour to any of them , by that choice we had of throwing the scales on that side to which we gave our friendship . i do not know whether this figure did not make us as great as our former conquest , to be a perpetual umpire of two great contending powers , who gave us all their courtship , and offer'd all their incense at our altar , whilst the fate of either prince seemed to depend upon the oracles we delivered ; for the king of england to sit on his throne , as in the supream court of justice , to which the two great monarchs appeal , pleading their cause , and expecting their sentence ▪ declaring which side was in the right , or at least if we pleas'd which side should have the better of it , was a piece of greatness which was peculiar to us , and no wonder if we endeavour to preserve it , as we did for a considerable time , it being our safety , as well as glory , to maintain it ; but by a fatality upon our councils , or by the refin'd policy of this latter age , we have thought fit to use industry to destroy this mighty power , which we have so long enjoyed ; and that equality between the two monarchs , which we might for ever have preserved , has been chiefly broken by us , whose interest it was above all others to maintain it ; when one of them , like the overflowing of the sea , had gained more upon the other than our convenience , or indeed our safety , would allow ; instead of mending the banks , or making new ones , we our selves with our own hands helpt to cut them , to invite and make way for a farther inundation . france and spain have had their several turns in making use of our mistakes , and we have been formerly as deaf to the instances of the then weaker part of the world to help them against the house of austria , as we can now be to the earnestness of spain , that we would assist them against the power of france . gondamar was as sawey , and as powerful too in king james his court , as any french ambassadour can have been at any time since , when men talk as wrong then on the spanish side , and made their court by it , as well as any can have done since by talking as much for the french ; so that from that time , instead of weighing in a wise balance the power of either crown , it looks as if we had learnt only to weigh the pensions , and take the heaviest . it would be tedious , as well as unwelcome , to recapitulate all our wrong steps , so that i will go no farther than the king's restauration , at which time the balance was on the side of france , and that by the means of cromwell , who for a separate interest of his own had sacrificed that of the nation , by joining with the stronger side , to suppress the power of spain , which he ought to have supported . such a method was natural enough to an usurper , and shew'd he was not the lawful father of the people , by his having so little care of them ; and the example coming from that hand , one would think should , for that reason , be less likely to be follow'd . but to go on , home comes the king , followed with courtships from all nations abroad , of which some did it not only to make them forget how familiarly they had us'd him when he was in other circumstances , but to bespeak the friendship of a prince , who besides his other greatness , was yet more considerable by being re-established by the love of his people . france had an interest either to dispose us to so much good will , or at least to put us into such a condition , that we might give no opposition to their designs ; and flanders being a perpetual object in their eye , a lasting beauty for which they have an incurable passion , and not being kind enough to consent to them , they meditated to commit a rape upon her , which they thought would not be easie to do , while england and holland were agreed to rescue her , when-ever they should hear her cry out for help to them ; to this end they put in practice seasonable and artificial whispers , to widen things between us , and the states . amboyna and the fishery must be talk'd of here ; the freedom of the seas , and the preservation of track must be insinuated there ; and there being combustible matter on both sides , in ● little time it took fire , which gave those that kindled it , sufficient cause to smile and hug themselves , to see us both fall into the net they had laid for us . and it is observable and of good example to us , if we wil● take it , that their design being to set 〈◊〉 together at cuffs to weaken us , they kept themselves lookers on till our victori●● began to break the balance ; then the king of france , like a wise prince , was resolved to support the beaten side , and would no more let the power of the sea , than we ought to suffer the monarchy of europe , to fall into one hand : in pursuance to this he took part with the dutch , and in a little time made himself umpire of the peace between us ; some time after , upon pretence of his queen's title to part of flanders● by right of devolution , he falls into i● with a mighty force , for which the spaniard was so little prepared , that he made a very swift progress , and had such a torrent of undisputed victory , that england and holland , tho the wounds they had given one another were yet green ; being struck with the apprehension of so near a danger to them , thought it necessary , for their own defence , to make up a sudden league , into which sweden was taken to interpose for a peace between the two crowns . this had so good an effect , that france was stopt in its career , and the peace of aix le chapelle was a little after concluded . 't was a forc'd put ; and tho france wisely dissembled their inward dissatisfaction , yet from the very moment they resolv'd to unty the triple knot , whatever it cost them ; for his christian majesty , after his conquering meals , ever rises with a stomach , and he lik'd the pattern so well , that it gave him a longing desire to have the whole piece . amongst the other means used for the attaining this end , the sending over the dutchess of orleans , was not the least powerful ; she was a very welcome guest here , and her own charms and dexterity joined with other advantages , that might help her perswasions , gave her such an ascendant , that she should hardly fail of success . one of the preliminaries of her treaty , tho a trivial thing in it self , yet was considerable in the consequence , as very small circumstances often are in relation to the government of the world. about this time a general humour , in opposition to france , had made us throw off their fashion , and put on vests , that we might look more like a distinct people , and not be under the servility of imitation , which ever pays a greater deference to the original ; than is consistent with the equality all independent nations should pretend to ; france did not like this small beginning of ill humours , at least of emulation , and wisely considering that it is a natural introduction first to make the world their apes , that they may be afterwards their slaves . it was thought that one of the instructions madam brought along with her , was to laugh us out of these vests , which she performed so effectually , that in a moment , like so many footmen who had quitted their masters livery , we all took it again , and returned to our old service ; so that the very time of doing it gave a very critical advantage to france ; since it lookt like an evidence of our returning to their interest , as well as to their fashion , and would give such a distrust of us to our new allies , that it might facilitate the dissolution of the knot , which tied them so within their bounds , that they were very impatient till they were freed from the re●●●aint . but the lady had a more extended commission than this and without doubt we double-laid the foundation of a new strict alliance , quite contrary to the other , in which we had been so lately engag'd . and of this there were such early appearances , that the world began to look upon us as falling into apostacy from the common interest . notwithstanding all this , france did not neglect at the same time to give good words to the dutch , and even to feed them with hopes of supporting them against us , when on a sudden , that never to be forgotten declaration of war against them comes out , only to vindicate his own glory , and to revenge the injuries done to his brother in england , by which he became our second in this duel ; so humble can this prince be , when at the same time he does more honour than we deserve , he lays a greater share of the blame upon our shoulders , than did naturally belong to us ; the particulars of that war , our part in it while we staid in it , and when we were out of breath , our leaving the french to make an end of it , are things too well known to make it necessary , and too unwelcome in themselves to incite me to repeat them ; only the wisdom of france is in this to be observ'd , that when we had made a separate peace , which left them single to oppose the united force of the confederates , they were so far from being angry , that they would not shew so much as the least coldness , hoping to get as much by our mediation for a peace , as they would have expected from our assistance in the war , our circumstances at that time considered ; this seasonable piece of indulgence in not reproaching us , but rather allowing those necessities of state which we gave for our excuse , was such an engaging method , that it went a great way to keep us still in their chains , when , to the eye of the world , we had absolutely broke loose from them : and what pass'd afterwards at nimeguen , tho the king's neutrality gave him the outward figure of a mediator , it appear'd that his interposition was extremely suspected of partiality by the confederates , who upon that ground did both at and before the conclusion of that treaty , treat his ministers there with a great deal of neglect in his peace as well as that in the pyrenean and aix le chapelle , the king of france , at the moment of making it , had the thought of breaking it ; for a very little time after he broach'd his pretensions upon alost , which were things that if they had been offer'd by a less formidable hand , would have been smiled at ; but ill arguments being seconded by good armies , carry such a power with them , that naked sense is a very unequal adversary . it was thought that these aiery claims were chiefly rais'd with the prospect of getting luxenburg for the equivalent ; and this opinion was confirm'd by the blocking it up afterwards , pretending to the country of chimay , that it might be entirely surrounded by the french dominions , and it was so pressed that it might have fallen in a little time , if the king of france had not sent orders to his troops to retire , and his christian generosity which was assign'd for the reason of it , made the world smile , since it is seen how differently his devout zeal works in hungary : that specious reason was in many respects ill-tim'd , and france it self gave it so faintly , that at the very time it look'd out of countenance ; the true ground of his retiring is worth our observation ; for at the instance of the confederates , offices were done , and memorials given , but all ineffectual till the word parliament was put into them ; that powerful word had such an effect , that even at that distance it rais'd the seige , which may convince us of what efficacy the king of england's words are , when he will give them their full weight , and threaten with his parliament ; it is then that he appears that great figure we ought to represent him in our minds , the nation his body , he the head , and joined with that harmony , that every word he pronounces is the word of a kingdom : such words , as appears by this example , are as effectual as fleets and armies , because they can create them , and without this his word sounds abroad like a faint whisper , that is either not heard , or ( which is worse ) not minded . but tho france had made this step of forced compliance , it did not mean to leave off the pursuit of their pretensions ; and therefore immediately proposed the arbitration to the king ; but it appear'd , that notwithstanding his merit towards the confederates , in saving luxenburg , the remembrances of what had passed before , had left such an ill taste in their mouths , that they could not relish our being put into a condition to dispose of their interests , and therefore declin'd it by insisting upon a general treaty , to which france has ever since continued to be averse ; our great earnestness also to perswade the confederates to consent to it , was so unusual , and so suspicious a method , that it might naturally make them believe , that france spake to them by our mouth , and for that reason , if there has been no other , might hinder the accepting it ; and so little care hath been taken to cure this , or other jealousies the confederates may have entertain'd , that quite contrary , their ministers here every day take fresh alarms , from what they observe in small , as well as in greater circumstances ; and they being apt both to take and improve apprehensions of this kind , draw such inferences from them , as make them entirely despair of us . thus we now stand , far from being innocent spectators of our neighbours ruine , and by a fatal mistake forgetting what a certain fore-runner it is to our own ▪ and now it 's time our trimmer should tell something of his opinion , upon this present state of things abroad , he first professes to have no biass , either for or against france , and that his thoughts are wholly directed by the interest of his own country ; he allows , and has read that spain used the same methods , when it was in its heighth , as france doth now , and therefore it is not partiality that moves him ; but the just fear which all reasonable men must be possess'd with , of an over-growing power ; ambition is a devouring beast , when it hath swallow'd one province , instead of being cloyed , it has so much the greater stomach to another , and being fed , becomes still the more hungry ; so that for the confederates to expect a security from any thing but their own united strength , is a most miserable fallacy ; and if they cannot resist the incroachments of france by their arms , it is in vain for them to dream of any other means of preservation ; it would have the better grace , besides the saving so much blood and ruin , to give up all at once ; make a present of themselves , to appease this haughty monarch , rather than be whisper'd , flatter'd , or cozened out of their liberty . nothing is so soft as the first applications of a greater prince , to engage a weaker , but that smiling countenance is but a vizard , it is not the true face ; for as soon as their turn is serv'd , the courtship flies to some other prince or state , where the same part is to be acted over again , leaves the old mistaken friend , to neglect and contempt , and like an insolent lover to cast off mistress , reproaches her with that infamy , of which he himself was the author , sweden , bavaria , palatine , &c. may by their fresh examples , teach other princes what they are reasonably to expect , and what snakes are hid under the flowers the court of france so liberally throws upon them , whilst they can be useful . the various methods and deep intrigues , with the differing notes in several countries , do not only give suspicion , but assurance that every thing is put in practice , by which universal monarchy may be obtain'd . who can reconcile the withdrawing of his troops from luxenburg , in consideration of the war in hungary , which was not then declared , and presently after encouraging the turk to take vienna , and consequently to destroy the empire ? or who can think that the persecution of the poor protestants of france , will be accepted of god , as an atonement for hazarding the loss of the whole christian faith ? can he be thought in earnest , when he seem'd to be afraid of the spaniards , and for that reason must have luxenburg , and that he cannot be safe from germany , unless he is in possession of strasburg ? all injustice and violence must in it self be grievous , but the aggravations of supporting 'em by false arguments , and insulting reasons , has something in it yet more provoking than the injuries themselves ; and the world has ground enough to apprehend , from such a method of arguing , that even their senses are to be subdu'd as well as their liberties . then the variety of arguments used by france in several countries is very observable : in england and denmark , nothing insisted on but the greatness and authority of the crown ; on the other side , the great men in poland are commended , who differ in opinion with the king , and they argue like friends to the privilege of dyet , against the separate power of the crown : in sweden they are troubled that the king should have chang'd something there of late , by his single authority , from the antient and settled authority and constitutions : at ratis bone , the most christian majesty taketh the liberties of all the electors , and free states , into his protection , and tells them the emperour is a dangerous man , an aspiring hero , that would infallibly devour them , if he was not at hand to resist him on their behalf ; but above all in holland , he has the most obliging tenderness for the common-wealth , and is in such disquiets , lest it should be invaded by the prince of orange , that they can do no less in gratitude , than undo themselves when he bids them , to show how sensible they are of his excessive good nature ; yet in spight of all these contradictions , there are in the world such refin'd states-men , as will upon their credit affirm the following paradoxes to he real truth ; first that france alone is sincere and keeps its faith , and consequently that it is the only friend we can rely upon ; that the king of france , of all men living , has the least mind to be a conqueror ; that he is a sleepy , tame creature , void of all ambition , a poor kind of a man , that has no farther thoughts than to be quiet ; that he is charm'd by his friendship to us , that it is impossible he should ever do us hurt , and therefore tho flanders was lost , it would not in the least concern us ; that he would fain help the crown of england to be absolute , which would be to take pains to put it into a condition to oppose him , as it is , and must be our interest , as long as he continues in such an overballancing power and greatness . such a creed as this , if once receiv'd , might prepare our belief for greater things , and as he that taught men to eat a dagger , began first with a pen knife ; so if we can be prevail'd with to digest the smaller mistakes , we may at last make our stomachs strong enough for that of transubstantiation . our trimmer cannot easily be converted out of his senses by these state sophisters , and yet he has no such peevish obstinacy as to reject all correspondence with france , because we ought to be apprehensive of the too great power of it ; he would not have the kings friendship to the confederates extended to the involving him in any unreasonable or dangerous engagements , neither would he have him lay aside the consideration of his better establishment at home , out of his excessive zeal to secure his allies abroad ; but sure there might be a mean between these two opposite extreams , and it may be wish'd that our friendship with france should at least be so bounded , that it may consist with the humour as well as the interest of england . there is no woman but has the fears of contraictng too near an intimacy with a much greater beauty , because it exposes her too often to a comparison that is not advantageous to her ; and sure it may become a prince to be as jealous of his dignity , as a lady can be of her good looks , and to be as much out of countenance , to be thought an humble companion to so much a greater power ; to be always seen in an ill light , to be so darkned by the brightness of a greater star , is somewhat mortifying ; and when england might ride admiral at the head of the confederates , to look like the kitching-yatch to the grand louis , is but a scurvy figure for us to make in the map of christendom ; it would rise up in our trimmer's stomach ▪ if ever ( which god forbid ) the power of calling and intermitting parliaments here , should be transferred to the crown of france , and that all the opportunities of our own settlements at home should give way to their projects abroad ; and that our interests should be so far sacrific'd to our compliance , that all the omnipotence of france can never make us full amends for it in the mean time , he shrinks at the dismal prospect he can by no means drive away from his thoughts , that when france has gather'd all the fruit arising from our mistakes , and that we can bear no more with them , they will cut down the tree and throw it into the fire ; for all this while , some superfine states-men , to comfort us , would sain perswade the world that this or that accident may save us , and for all that is or ought to be dear to us , would have us to rely wholly upon chance , not considering that fortune is wisdoms creature , and that god almighty loves to be on the wisest as well as the strongest side ; therefore this is such a miserable shift , such a shameful evasion , that they would be laught to death for it , if the ruining consequence of this mistake did not more dispose men to rage , and a detestation of it . our trimmer is far from idolatry in other things , in one thing only he comes near it , his country is in some degree his idol ; he does not worship the sun , because 't is not peculiar to us , it rambles about the world , and is less kind to us than others ; but for the earth of england , tho perhaps inferior to that of many places abroad , to him there is divinity in it , and he would rather dye , than see a piece of english glass trampled down by a foreign trespasser : he thinks there are a great many of his mind , for all plants are apt to taste of the soyl in which they grow , and we that grow here , have a root that produces in us a stalk of english juice , which is not to be changed by grafting or foreign infusion and i do not know whether any thing less will prevail , than the modern experiment , by which the blood of one creature is transmitted into another ; according to which , before the french can be let into our bodies , every drop of our own must be drawn out of them . our trimmer cannot but lament , that by a sacrifice too great for one nation to another , we should be like a rich mine , made useless only for want of being wrought , and that the life and vigour which should move us against our enemies is miserably apply'd to tear our own bowels ; that being made by our happy situation , not only safer , but if we please greater too , than other countries which far exceed us in extent ; that having courage by nature , learning by industry , and riches by trade , we should corrupt all these advantages , so as to make them insignificant , and by a fatality which seems peculiar to us , misplace our active rage one against another , whilst we are turn'd into statues on that side where lies our greatest danger ; to be unconcern'd not only at our neighbours ruine but our own , and let our island lie like a great hulk in the sea , without rudder or sail , all the men cast away in her , or as if we were all children in a great cradle , and rockt asleep to a foreign tune . i say when our trimmer representeth to his mind , our roses blasted and discolour'd , whilst the lilies triumph and grow insolent , upon the comparison ; when he considers our own once flourishing lawrel , now withered and dying , and nothing left us but a remembrance of a better part in history , than we shall make in the next age : which will be no more to us than an escutcheon hung upon our door when we are dead ; when he foresees from hence , growing infamy from abroad , confusion at home , and all this without the possibility of a cure , in respect of the voluntary fetters good men put upon themselves by their allegiance without a good measure of preventing grace , he would be tempted to go out of the world like a roman philosopher , rather than endure the burthen of life under such a discouraging prospect . but mistakes , as all other things , have their periods , and many times the nearest way to cure , is not to oppose them , but stay till they are crusht with their own weight : for nature will not allow any thing to continue long that is violent ; violence is a wound , and as a wound , must be curable in a little time , or else 't is mortal ; but a nation , comes near to be immortal , therefore the wound will one time or another be cured , tho perhaps by such rough methods , if too long forborn , as may even make the best remedies we can prepare , to be at the same time a melancholy contemplation to us ; there is but one thing ( god almighties providence excepted ) to support a man from sinking under these afflicting thoughts , and that is the hopes we draw singly from the king himself ▪ without the mixture of any other consideration . tho the nation was lavish of their kindness to him at his first coming , yet there remains still a stock of warmth in mens hearts for him . besides the good influences of his happy planet are not yet all spent , and tho the stars of men past their youth are generally declining , and have less force like the eyes of decaying beauties , yet by a blessing peculiar to himself , we may yet hope to be sav'd by his autumnal fortune ; he has something about him that will draw down 〈◊〉 healing miracle for his and our deliverance ; a prince which seems fitted for such in offending age , in which mens crimes have been so general , that the not forgiving his people has been the destroying of them , whose gentleness gives him a natural dominion that hath no bounds , with such a noble mixture of greatness and condescention , an engaging look , that disarms men of their ill humors , and their resentments ; something in him that wanteth a name , and can be no more defined than it can be resisted ; a gift of heaven , of its last finishing , where it will be peculiarly kind ; the only prince in the world that dares be familiar , or that has right to triumph over those forms which were first invented to give awe to those who could not judge , and to hide defects from those that could ; a prince that has exhausted himself by his liberality , and endanger'd himself by his mercy ; who out-shines by his own light and natural virtues all the varnish of studied acquisitions ; his faults are like shades to a good picture , or like allay to gold , to make it the more useful , he may have some , but for any man to see them through so many reconciling virtues , is a sacrilegious piece of ill nature , of which no generous mind can be guilty ; a prince that deserves to be lov'd for his own sake , even without the help of a comparison ; our love , our duty , and our danger , all join to cement our obedience to him ; in short whatever , he can do , it is no more possible for us to be angry with him , than with a bank that secures us from the raging sea , the kind shade that hides us from the scorching sun , the welcome hand that reaches us a reprieve , or with the guardian angel , that rescues our souls from the devouring jaws of wretched eternity . conclusion to conclude , our trimmer is so fully satisfy'd of the truth of these principles , by which he is directed , in reference to the publick , that he will neither be hectored and threatned , laught , nor drunk out of them ; and instead of being converted by the arguments of his adversaries to their opinions , he is very much confirmed in his own by them ; he professes solemnly that were it in his power to chuse , he would rather have his ambition bounded by the commands of a great and wise master , than let it range with a popular licence , tho' crown'd with success ; yet he cannot commit such a sin against the glorious thing call'd liberty , nor let his soul stoop so much below it self , as to be content without repining to have his reason wholly subdu'd , or the privilege of acting like a sensible creature , torn from him by the imperious dictates of unlimited authority , in what hand soever it happens to be plac'd . what is there in this that is so criminal , as to deserve the penalty of that most singular apophthegm , a trimmer is worse than a rebel ? what do angry men ail to rail so against moderation , do's it not look as if they were going to some very scurvy extreme , that is too strong to be digested by the more considering part of mankind ? these arbitrary methods , besides the injustice of them , are ( god be thanked ) very unskillful too , for they fright the birds , by talking so loud , from coming into the nets that are laid for them ; and when men agree to rifle a house , they seldom give warning , or blow a trumpet ; but there are some small states-men , who are so full charg'd with their own expectations , that they cannot contain . and kind heaven by sending such a seasonable curse upon their undertakings , has made their ignorance an antidote against their malice ; some of these cannot treat peaceably , yielding will not satisfy them , they will have men by storm ; there are others , that must have plots , to make their service more necessary , and have an interest to keep them alive , since they are to live upon them ; and perswade the king to retrench his own greatness , so as to shrink into the head of a party , which is the betraying him into such a unprincely mistake , and to such a wilful diminution of himself , that they are the last enemies he ought to allow himself to forgive ; such men , if they could , would prevail with the sun to shine only upon them and their friends , and to leave all the rest of the world in the dark ; this is a very unusual monopoly , and may come within the equity of the law , which makes it treason to imprison the king , when such unfitting bounds are put to his favour , and he confin'd to the narrow limits of a particular set of men , that would inclose him ; these honest and only loyal gentlemen , if they may be allow'd to bear witness for themselves , make a king their engine , and degrade him into a property at the very time that their flattery would make him believe they paid divine worship to him ; besides these there is a flying squadron on both sides , that are afraid the world should agree , small dabblers in conjuring , that raise angry apparitions to keep men from being reconcil'd , like wasps that fly up and down , buz and sting to keep men unquiet ; but these infects are commonly short-liv'd creatures , and no doubt in a little time mankind will be rid of them ; they were gyants at least who fought once against heaven , but for such pigmies as these to contend against it , is such a provoking folly , that the insolent bunglers ought to be laught and hist our of the world for it ; they should consder there is a soul in that great body of the people , which may for a time be drowzy and unactive , but when the leviathan is rouz'd , it moves like an angry creature , and will neither be convinc'd nor resisted : the people can never agree to shew their united powers , till they are extremely tempted and provoked to it , so that to apply cupping-glasses to a great beast naturally dispos'd to sleep , and to force the tame thing whether it will or no to be valiant , must be learnt out of some other book than machiavil , who would never have prescrib'd such a preposterous method . it is to be remembred , that if princes have law and authority on their sides , the people on theirs may have nature , which is a ●ormidable adversary ; duty , justice , religion , nay , even humane prudence too , bids the people suffer any thing rather than resist ; but uncorrected nature , where e're it feels the smart will run to the nearest remedy , mens passions in this case are to be consider'd as well as their duty , let it be never so strongly enforc'd , for if their passions are provok'd , they being as much a part of us as our limbs , they lead men into a short way of arguing , that admits no distinction , and from the foundation of self-defence , they will draw inferences , that will have miserable effects upon the quiet of a government . our trimmer therefore dreads a general discontent , because he thinks it differs , from a rebellion , only as a spotted fever does from the plague , the same species under a lower degree of malignity ; it works several ways ; sometimes like a slow poyson that has its effects at a great distance from the time it was given , sometimes like dry flax prepared to catch at the first fire , or like seed in the ground ready to sprout upon the first shower ; in every shape 't is fatal , and our trimmer thinks no pains or precaution can be so great as to prevent it . in short he thinks himself in the right , grounding his opinion upon that truth , which equally hates to be under the oppressions of wrangling sophistry of the one hand , or the short dictates of mistaken authority on the other . our trimmer adores the goddess truth , tho' in all ages she has been scurvily used , as well as those that worshipped her ; 't is of late become such a ruining virtue , that mankind seems to be agreed to command and avoid it ; yet the want of practice which repeals the other laws , has no influence upon the law of truth , because it has root in heaven , and an intrinsick value in it self , that can never be impaired ; she shews her greatness in this , that her enemies even when they are successful are asham'd to own it ; nothing but power full of truth has the prerogative of triumphing , not only after victories , but inspite of them , and to put conquest her self out of countenance ; she may be kept under and supprest , but her dignity still remains with her , even when she is in chains ; falshood with all her impudence , has not enough to speak ill of her before her face , such majesty she carries about her , that her most prosperous enemies are fain to whisper their treason ; all the power upon earth can never extinguish her ; she has liv'd in all ages ; and let the mistaken zeal of prevailing authority , christen any opposition to it , with what name they please , she makes it not only an ugly and unmannerly , but a dangerous thing to persist ; she has lived very retired indeed , nay sometime so buried , that only some few of the discerning part of mankind could have a glimpse of her ; with all that she has eternity in her , she knows not how to die , and from the darkest clouds that shade and cover her , she breaks from time to time with triumph for her friends , and terrour to her enemies . our trimmer therefore inspired by this divine virtue , thinks fit to conclude with these assertions , that our climate is a trimmer , between that part of the world where men are roasted , and the other where they are frozen ; that our church is a trimmer between the phrenzy of platonick visions , and the lethargick ignorance of popish dreams ; that our laws are trimmers , between the excess of unbounded power , and the extravagance of liberty not enough restrained ; that true virtue has ever been thought a trimmer , and to have its dwelling in the middle between the two extreams ; that even god almighty himself is divided between his two great attributes , his mercy and his justice . in such company , our trimmer is not asham'd of his name , and willingly leaves to the bold champions of either extream , the honour of contending with no less adversaries , than nature , religion , liberty , prudence , humanity and common sense . the anatomy of an equivalent . i. the world hath of late years never been without some extraordinary word to furnish the coffee-houses and fill the pamphlets . sometimes it is a new one invented , and sometimes an old one revived . they are usually fitted to some present purpose , with intentions as differing as the various designs several parties may have , either to delude the people , or to expose their adversaries : they are not of long continuance , but after they have passed a little while , and that they are grown nauseous by being so often repeated , they give place to something that is newer . thus after whig , tory , and trimmer have had their time , now they are dead and forgotten , being supplanted by the word equivalent , which reigneth in their stead . the birth of it is in short this : after many repeated essayes to dispose men to the repeal of oaths and tests , made for the security of the protestant religion , the general aversion to comply in it was found to be so great , that it was thought adviseable to try another manner of attempting it , and to see whether by putting the same thing into another mould , and softning an harsh proposition by a plausible term , they might not have better success . to this end , instead of an absolute quitting of these laws , without any condition ; which was the first proposal ; now it is put into gentler language , and runneth thus ; if you will take away the oaths and tests , you shall have as good a thing for them . this put into the fashionable word , is now called an equivalent . ii. so much to the word it self . i will now endeavour in short to examine and explain , in order to the having it fully understood , first , what is the nature of a true equivalent ; and in the next place , what things are not to be admitted under that denomination . i shall treat these as general propositions , and though i cannot undertake how far they may be convincing , i may safely do it that they are impartial ; of which there can be no greater evidence than that i make neither inference nor application , but leave that part entirely to the reader , according as his own thoughts shall direct and dispose him . iii. i will first take notice , that this word , by the application which hath been made of it in some modern instances lieth under some disadvantage , not to say some scandal . it is transmitted hither from france ; and if as in most other things that we take from them , we carry them beyond the pattern , it should prove so in this , we should get into a more partial stile than the principles of english justice will i hope ever allow us to be guilty of . the french king's equivalents in flanders are very extraordinary bargains ; his manner of proposing and obtaining them is very differing from the usual methods of equal dealing . in a later instance , denmark , by the encouragement as well as by the example of france , hath propos'd things to the duke of holstein , which are called equivalents , but that they are so , the world is not yet sufficiently convinc'd , and probably the parties concern'd do not think them to be so , and consequently do not appear to be at all disposed to accept them . princes enjoyn and prescribe such things when they have strength and power to supply the want of arguments ; and according to practice in these cases , the weaker are never thought to have an ill bargain , if they have any thing left them . so that the first qualification of an equivalent , must be , that the appraisers be indifferent , else it is only a sound , there can be nothing real in it : for , where the same party that proposeth a bargain , claimeth a right to set the value ; or which is worse , hath power too to make it good , the other may be forced to submit to the conditions , but he can by no means ever be perswaded to treat upon them . iv. the next thing to be consider'd is that to make an equivalent in reality an equal thing in the proposer , it must be a better thing than that which is required by him ; just as good is subject to the hazard of not being quite so good : it is not easie to have such an even hand as to make the value exactly equal ; besides , according to the maxim in law , melior conditio possidentis ▪ the offer is not fair , except the thing offered is better in value than the thing demanded . there must be allowance for removing what is fixed , and there must be something that may be a justification for changing . the value of things very often dependeth more upon other circumstances , than upon what is meerly intrinsick to them ; therefore the calculation must be made upon that foot , perhaps in most cases ; and particularly the want which one of the parties may have of the thing he requireth , maketh it more valuable to him than it is in it self . if the party proposing doth not want the thing he would have in exchange , his requiring it is impertinent : if he doth , his want of it must go into the appraisement , and by consequence every proposer of an equivalent must offer a better thing , or else he must not take it unkindly to be refused , except the other party hath an equal want of the same thing , which is very improbable , since naturally he that vanteth most will speak first . v. another thing necessary to the making a fair bargain is , that let the parties who treat , be they never so unequal in themselves , yet as to the particular thing proposed , there must be an exact equality , as far as it relateth to the full liber●y of taking or refusing , concurring or objecting , without any consequence of revenge , or so much as dissatisfaction ; for it is impossible to treat where it is an affront to dliffer ; in that case there is no mean between the two extreams , either an open quarrel or an intire submission ; the way of bargaining must be equal ▪ else the bargain it self cannot be so : for example , the proposer is not only to use equal terms as to the matter , but fair ones in the manner too . there must be no intimations of anger in case of refusal , much less any open threatning . such a stile is so ill suited to the usual way of treating , that it looketh more like a breach of the peace , than the making a bargain . it would be yet more improper and less agreeing with the nature of an equivalent , if whilst two men are chaffering about the price , one of them should actually take the thing in question at his own rate , and afterwards desire to have his possession confirmed by a formal agreement ; such a proceeding would not only destroy that particular contract , but make it impossible to have any other , with the party that could be guilty of such a practice . vi. violence preceding destroyeth all contract , and even thô the party that offereth it should have a right to the thing he so taketh , yet it is to be obtained by legal means , else it may be forfeited by his irregularity in the pursuit of it : the law is such an enemy to violence , and so little to be reconciled to it , that in the case of a rape , the punishment is not taken off though the party injured afterwards consenteth . the justice of the law hath its eye upon the first act , and the maxim of volenti non fit injurial , doth not in this case help the offender , it being a plea subsequent to the crime , which maketh it to be rejected as a thing wrong dated and out of time . in taking away goods or money it is the same thing . the party robbed , by giving them afterwards to the taker , does not exempt him from the punishment of the violence : quite contrary , the man from whom they were taken is punishable , if he doth not prosecute . if the case should be , that a man thus taking away a thing without price , claimeth a right to take it , then whether it is well or ill founded is not the question ; but sure , the party from whom it is so taken , whilst he is treating to sell or exchange it , can never make a bargain with so orbitrary a chapman , there being no room left after that to talk of the value . vii . to make an equal bargain there must be a liberty of differing , not only in every thing that is really essential , but in every thing that is thought so by either party , and most especially by him who is in possession of the thing demanded : his opinion must be a rule to him , and even his mistake in the value , though it may not convince the man he hath to deal with , yet he will be justified for not accepting what is offered , till that mistake is fairly rectified and over-ruled . when a security is desired to be changed , that side which desireth it must not pretend to impose upon the other , so as to dictate to them , and tell them without debate , that they are safe in what is proposed , since of that the counsel on the other side must certainly be the most competent judges . the hand it cometh from is a great circumstance , either to invite or discourage in all matters of contract : the qualifications of the party offering must sute with the proposition it self , else let it be never so fair , there is ground for suspicion . viii . when men are of a temper , that they think they have wrong done them , if they have not always the better side of a bargain : if they happen to be such as by experience have been found to have an ill memory for their word . if the character they bear , doth not recommend their justice , where-ever their interest is concern'd . in these cases , thinking men will avoid dealing , not only to prevent surprize , but to cut off the occasions of difficulty or dispute . it is yet more discouraging , when there are , either a precedent practice , or standing maxims of gross partiality , in assuming a privilege of exemption from the usual methods of equal dealing . to illustrate this by an instance ▪ suppose that in any case , the church of rome should have an interest to promote a bargain ; let her way of dealing be a little examin'd , which will direct those with whom she treateth , how far they are to rely upon what she proposeth to them . we may begin with the quality in the world , the least consisting with equal dealing , viz. an incurable partiality to herself ; which , that it may arrive to its full perfection , is crowned with infallibility . at the first setting out , she maketh her self uncapable of dealing upon terms of equality , by the power she claimeth of binding and loosing , which hath been so often applyed to treaties , as well as to sins . if the definition of justice is to deal equally , she cannot be guilty of it without betraying her prerogative , and according to her principles , she giveth up the superiority derived to her by apostolical succession , if she degradeth her self so as to be judged by the rules of common right , especially of the bargain should be with hereticks , who in her opinion have forfeited the claim they might otherwise have had to it . ix . besides , her taste hath been so spoiled by unreasonable bargains , that she can never bring down her palate to any thing that is fair or equal . she hath not only judg'd it an equivalent , but a great bargain for the other side , to give them absolutions and indulgence for the real payment of great sums , for which she hath drawn bills to have them repayed with interest in purgatory . this spiritual bank hath carried on such a trade upon these advantageous terms , that it can never submit to the small profits an ordinary bargain would produce . the several popes have in exchange for the peter-pence , and all their other rents and fines out of england , sent sanctified roses , reliques , and other such wonder-working trifles . and by virtue of their character of holy fathers , have used princes like children , by sending them such rattles to play with , which they made them buy at extravagant rates ; besides which , they were to be thankful too , in to the bargain . a chip of the cross , a piece of st. laurence's grid-iron , a hair of st. peter , have been thought equivalents , for much more substantial things . the popes being masters of the jewel-house , have set the rates upon them , and they have passed ; though the whole shop would not take up the value of a bodkin in lombardstreet upon the credit of them . they are unconscionable purchasers , for they get all the money from the living by praying for them when they are dead . and it is observable , that the northern part of christendom , which best understandeth trade , were the first that refused to make any more bargains with them ; so that it looketh as if the chief quarrel to the hereticks was not as they were ill christians , but as they were unkind merchants , in so discourteously rejecting the commodities of the growth of rome . to conclude this head , there is no bartering with infallibility , it being so much above equality , that it cannot bear the indignity of a true equivalent . x. in all bargains there is a necessity of looking back , and reflecting how far a present proposal is reconcilable with former practice ; for example , if at any time a thing is offered , quite differing from the arguments used by the proposer , and inconsistent with the maxims held out by him at other times . or in a publick case , if the same men who promote and press a thing with the utmost violence , do in a little time after with as much violence press the contrary , and profess a detestation of the very thing , for which they had before imployed all their interest and authority . or if in the case of a law already made , there should be a privilege claimed to exempt those from the obligation of observing it , who yet should afterwards desire and press to have a new law made in exchange for the old one , by which they would not be bound ; and that they should propose a security by a thing of the very same nature as that which they did not allow to be any before . these incoherences must naturally have the effect of raising suspicion , or rather they are a certain proof , that in such circumstances it is irrational for men to expect an effectual equivalent . xi . if whatsoever is more than ordinary is suspicious , every thing that is unnatural is more so : it is only unnecessary but unnatural too to perswade with violence what it is folly to refuse ; to push men with eagerness into a good bargain for themselves , is a stile very much unsuitable to the nature of the thing . but it goeth further and is yet more absurd , to grow angry with men for not receiving proposal that is for their advantage ; men ought to be content with the generosity of offering good bargains , and should give their compassion to those who do not understand them : but by carrying their good nature so far as to be cholerick in such a case , they would follow the example of the church of rome , where the definition of charity is very extraordinary . in her language , the writ de haeretico comburendo is a love letter , and burning men for differing with them in opinion , howsoever miscalled cruelty , is as they understand it , the perfection of flaming charity . when anger in these cases lasteth long , it is most probable that it is for our own sakes ; good nature for others is one of those diseases that is cured by time , and especially where it is offered and rejected ; but for our selves it never faileth , and cannot be exstinguished but with our life . it is fair if men can believe that their friends love them next to themselves , to love them better is too much ; the expression is so unnatural that it is cloying , and men must have no sense , who in this case have no suspicion . xii ▪ another circumstance necessary to a fair bargain is , that there must be openness and freedom allowed , as the effect of that equality which is the foundation of contracting . there must be full liberty of objecting , and making doubts and scr●ples : if they are such as can be answered , the party convinced is so much the more confirmed and incouraged to deal , instead of being hindred by them ; but if instead of an answer to satisfy , there is nothing but anger for a reply , it is impossible not to conclude that there is never a good one to give ; so that the objection remaining without being fully confuted , there is an absolute bar put to any further treaty . there can be no dealing where one side assumeth a privilege to impose , so as to make an offer and not bear the examination of it , this is giving judgment not making a bargain . where it is called unmannerly to object , or criminal to refuse , the surest way is for men to stay where they are , rather than treat upon such disadvantage . if it should happen to be in any country where the governing power should allow men liberty of conscience in the choice of their religion , it would be strange to deny them liberty of speech in making a bargain . such a contradiction would be so discouraging , that they must be unreasonably sanguine , who in that case can entertain the hopes of a fair equivalent . xiii . and equal bargain must not be a mystery nor a secret. the purchaser or proposer is to tell directly and plainly , what it is he intendeth to give in exchange for that which he requireth . it must be viewed and considered by the other party , that he may judge of the value ; for without knowing what it is , he cannot determine whether he shall take or leave it . an assertion in general , that it shall be as good or a better things , is not in this a sufficient excuse for the mistake of dealing upon such uncertain terms . in all things that are dark and not enough explained , suspicion naturally followeth : a secret generally implieth a defect or a deceit ; and if a false light is an objection , no light at all is yet a greater . to pretend to give a better thing , and to refuse to shew it , is very near saying it is not so good a one ; at least so it will be taken in common construction . a mystery is yet a more discouraging thing to a protestant ; especially if the proposition should come from a papist ; it being one of his great objections to that church , that there are so many of them invisible and impossible , which are so violently thrust upon their understandings , that they are overlaid with them . they think that rational creatures are to be convinced only by reason , and that reason must be visible and freely exposed ; else they will think themselves used with contempt instead of equality , and will never allow such a suspected secrecy to be a fit preface to a real equivalent . xiv . in matters of contract not only the present value , but the contingences and consequences , as far as they can be fairly supposed , are to be considered . for example , if there should be possibility , that one of the parties may be ruined by accepting , and the other only disappointed by his refusing ; the consequences are so extreamly unequal , that it is not imaginable , a man should take that for an equivalent , which hath such a fatal possibility at the heels of it . if it should happen in a publick case , that such a proposal should come from the minor part of an assembly or nation , to the greater ; it is very just , that the hazard of such a possibility should more or less likely fall upon the lesser part , rather than upon the greater ; for whose sake and advantage things are and must be calculated in all publick constitutions . suppose in any mixed government , the chief magistrate should propose upon a condition , in the senate , diet , or other supreme assembly , either to enact or abrogate one or more laws , by which a possibility might be let in of destroying their religion and property , which in other language signifieth no less than soul and body ; where could be the equivalent in the case , not only for the real loss , but even for the fear of losing them ? men can fall no lower than to lose all , and if losing all destroyeth them , the venturing all must fright them . in an instance when men are secure ; that how far soever they may be over-run by violence , yet they can never be undone by law , except they give their assistance to make it possible , though it should neither be likely nor intended , still the consequence which may happen is too big for any present thing to make amends for it . whilst the world possible remaineth , it must forbid the bargain . where-ever it falleth out therefore , that in an example of a public nature , the chan●ing , enacting , or repealing a law , may naturally tend to the misplacing the legislative power in the hands of those who have a separate interest from the body of a people , there can be no treating , till it is demonstrably made out , that such a consequence shall be absolutely impossible ; for if that shall be denied by those who make the proposal , if it is because they cannot do it , the motion at first was very unfair . if they can and will not , it would be yet less reasonable to expect that such partial dealers would ever give an equivalent fit to be accepted . xv. it is necessary in all dealing to be assured in the first place , that the party proposing is in a condition to make good his offer ; that he is neither under any former obligations or pretended claims , which may render him uncapable of performing it ; else he is so far in the condition of a minor , that whatever he disposeth by sale or exchange may be afterwards resumed , and the contract becometh void , being originall● defective , for want of a sufficient legal power in him that made it . in the case of a strict settlement , where the party is only tenant for life , there is no possibility of treating which one under such fetters ; no purchase or exchange of lands or any thing else can be good , where there is such an incapacity of making out a title ; the interest vested in him being so limited , that he can do little more than pronounce the words of a contract , he can by no means perform the effect of it . in more publick instances , the impossibility is yet more express ; as suppose in any kingdom , where the people have so much liberty left them , as that they may make contracts with the crown , there should be some peculiar rights claimed to be so fixed to the royal function , that no king for the time being could have power to part with them , being so fundamentally tied to the office , that they can never be separated . such rights can upon no occasion he received in exchange for any thing the crown may desire from the people : that can never be taken in payment , which cannot lawfully be given , so that if they should part with that which is required upon those terms , it must be a gift , it cannot be a bargain . there is not in the whole dictionary a more untractable word than inherent , and less to be reconciled to the word equivalent . the party that will contract in spight of such a claim , is content to take what is impossible to grant , and if he complaineth of his disappointment , he neither can have remedy , nor deserveth it . if a right so claimed hapneth to be of so comprehensive a nature , as that by a clear inference it may extend to every thing else , as well as to the particular matter in question , as often as the supream magistrate shall be so disposed , there can in that case be no treating with prerogative that swalloweth all the right the people can pretend to ; and if they have no right to any thing of which they are possessed , it is a jest and not a bargain , to observe any formality in parting with it . a claim may be so stated , that by the power and advantage of interpreting , it shall have such a murthering eye , that if it looketh upon a law , like a basilisk , it shall strike it dead : where is the possibility of treating , where such a right is assumed ▪ nay , let it be supposed that such a claim is not well founded in law , and that upon a free disquisition it could not be made out ; yet even in this case , none that are well advised will conclude a bargain , till it is fully stated and cleared , or indeed , so much as engage in a treaty , till by way of preliminary all possibility shall be remov'd of any trouble or dispute . xvi . there is a collateral circumstance in making a contract , which yet deserveth to be considered , as much as any thing that belongeth to it ; and that is the character and figure of the parties contracting ; if they treat onely by themselves , and if by others , the qualifications of the instruments they employ . the proposer especially , must not be so low as to want credit . nor so raised as to carry him above the reach of ordinary dealing . in the first , there is scandal , in the other danger . there is no rule without some exception , but generally speaking the means should be suited to the end , and since all men who treat , pretend an equal bargain , it is desirable that there may be equality in the persons as well as in the thing . the manner of doing things hath such an influence upon the matter , that men may guess at the end by the instruments that are used to obtain it , who are a very good direction how far to rely upon or suspect the sincerity of that which is proposed . an absurdity in the way of carrying on a treaty , in any one circumstance , if it is very gross , is enough to perswade a thinking man to break off , and take warning from such an ill appearance . some things are so glaring that it is impossible not to see , and consequently not to suspect them ; as suppose in a private case , there should be a treaty of marriage between two honourable families , and the proposing side should think fit to send a woman that had been carted , to perswade the young lady to an approbation and consent ; the unfitness of the messenger must naturally dispose the other party to distrust the message , and to resist the temptation of the best match that could be offered , when conveyed by that hand , and ushered in by such a discouraging preliminary . in a publick instance the suspicion arising from unfit mediators , still groweth more reasonable in proportion , as the consequence is much greater of being deceived . if a jew should be employed to sollicite all sorts , of christians to unite and agree ; the contrariety of his profession , would not allow men to stay till they heard his arguments , they would conclude from his religion , that either the man himself was mad , or that he thought those to be so , whom he had the impudence to endeavour to perswade . or suppose an adamite should be very sollicitous and active , in all places , and with all sorts of persons , to settle the church of england in particular , and a fair liberty of conscience for all dissenters ; though nothing in the world has more to be said for it than naked truth , yet if such a man should run up and down without cloaths , let his arguments be never so good , or his commission never so authentick , his figure would be such a contradiction to his business , that how serious soever that might be in it self , his interposition would make a jest of it . though it should not go so far as this , yet if men have contrarieties in their way of living not to be reconciled ; as if they should pretend infinite zeal for liberty , and at that time be in great favour and imployed by those who will not endure it . if they are affectedly singular , and conform to the generality of the world in no one thing , but in playing the knave . if demonstration is a familiar word with them , most especially where the thing is ●mpossible . if they quote authority to supply their want of sense , and justifie the value of their arguments , not by reason , but by their being paid for them , ( in which , by the way , those who pay them have probably a very melancholy equivalent . ) if they brandish a prince's word like a sword in a crowd , to make way for their own impertinence ; and in dispute , as criminals formerly fled to the statue of the prince for sanctuary ; if they should now , when baffled , creep under the protection of a kings name , where out of respect they are no farther to be pursued . in these cases ; though the propositions should be really good , they will be corrupted by passing through such conduits ▪ and it would be a sufficient mistake to enter into a treaty ; but it would be little less than madness from such hands to expect an equivalent . xvii . having touched upon these particulars as necessary in order to the stating the nature of an equal bargain , and the circumstances belonging to it , let it now be examined in two or three instances ▪ what things are not to be admitted by way of contract , to pass under the name of an equivalent . first , though it will be allowed , that in the general corruption of mankind , which will not admit justice alone to be a sufficient tie to make good a contract , that a punishment added for the breach of it , is a fitting or rather a necessary circumstance ; yet it does not follow , that in all cases , a great penalty upon the party offending is an absolute and an entire security . it must be considered in every particular case , how far the circumstances may rationally lead a man to rely more or less upon it . in a private instance , the penalty inflicted upon the breach of contract must be first , such a one as the party injured can enforce , and secondly , such a one as he will enforce , when it is in his power . if the offending party is in a capacity of hindring the other from bringing the vengeance of the law upon him . if he hath strength or privilege sufficient to over rule the letter of the contract ; in that case , a penalty is but a word , there is no consequence belonging to it . secondly , the forfeiture or punishment must be such as the man aggrieved will take ; for example , if upon a bargain , one of the parties shall stipulate to subject himself , in case of his failure to have his ears cut , or his nose slit by the other , with security given , that he shall not be prosecuted for executing this part of the agreement ; the penalty is no doubt heavy enough to discourage a man from breaking his contract ; but on the other side it is of such a kind , that the other how much soever he may be provoked , will not in cold blood care to inflict it . such an extravagant clause would seem to be made only for shew and found , and no man would think himself safer by a thing which one way or other is sure to prove ineffectual . in a publick case , suppose in a government so constituted that a law may be made in the nature of a bargain , it is in it self no more than a dead letter , the life is given to it by the execution of what it containeth ; so that let it in it self be never so perfect , it dependeth upon those who are intrusted with seeing it observed . if it is in any country , where the chief magistrate chuseth the judges , and the judges interpret the laws ; a penalty in any one particular law can have no effect but what is precarious . it may have a loud voice to threaten , but it has not an hand to give a blow ; for as long as the governing power is in possession of this prerogative , let who will chuse the meat , if they chuse the cooks , it is they that will give the tast to it . so that it is clear that the rigour of a penalty will not in all cases fix a bargain , neither is it universally a true position , that the increase of punishment for the breach of a new law , is an equivalent for the consent to part with an old one . xviii . in most bargains there is a reference to the time to come , which is therefore to be considered as well as that which cometh within the compass of the present valuation . where the party contracting , hath not a full power to dispose what belongeth to him or them in reversion , who shall succeed after him in his right ; he cannot make any part of what is so limited , to be the condition of the contract . further , he cannot enjoyn the heir or successor to forbear the exercise of any right that is inherent to him , as he is a man ; neither can he restrain him without his own consent , from doing any act which in it self is lawful , and liable to no objection . for example , a father cannot stipulate with any other man , that in consideration of such a thing done , or to be done , his son shall never marry ; because marriage is an institution established by the laws of god , and man , and therefore no body can be so restrained by any power from doing such an act , when he thinketh fit , being warranted by an authority that is not to be controuled . xix . now as there are rights inherent in mens persons in their single capacities , there are rights as much fixed to the body politick , which is a creature that never dieth . for instance , there can be no government without a supreme power , that power is not always in the same hands , it is in different shapes and dresses , but still where-ever it is lodged , it must be unlimited : it hath a jurisdiction over every thing else , but it cannot have it above it self . supreme power can no more be limited than infinity can be measured ; because it ceaseth to be the thing ; it s very being is dissolved , when any bounds can be put to it . where this supreme power is mixed , or divided , the shape only differeth , the argument is still the same . the present state of venice cannot restrain those who succeed them in the same power , from having an entire and unlimited sovereignty ; they may indeed make present laws which shall retrench their present power , if they are so disposed , and those laws if not repealed by the same authority that enacted them , are to be observed by the succeeding senate till they think sit to abrogate them , and no longer ; for if the supreme power shall still reside in the senate , perhaps composed of other men , or of other minds ( which will be sufficient ) the necessary consequence is , that one senate must have as mach right to alter such a law , as another could have to make it . xx. suppose the supreme power in any state should make a law , to enjoyn all subsequent law-makers to take an oath never to alter it , it would produce these following absurdities . first , all supreme power being instituted to promote the safety and benefit , and to prevent the prejudice and danger which may fall upon those who live under the protection of it ; the consequence of such an oath would be , that all men who are so trusted , shall take god to witness , that such a law once made , being judged at the time to be advantageous for the publick , though afterwards by the vicissitude of times , or the variety of accidents or interests , it should plainly appear to them to be destructive , they will suffer it to have its course , and will never repeal it . secondly , if there could in any nation be found a set of men , who having a part in the supreme legislative power , should as much as in them lieth , betray their country by such a criminal engagement , so directly opposite to the nature of their power , and to the trust reposed in them . if these men have their power only for life , when they are dead such an oath can operate no farther ; and tho that would be too long a lease for the life of such a monster as an oath so composed , yet it must then certainly give up the ghost . it could bind none but the first makers of it , another generation would never be tied up by it . thirdly , in those countries where the supreme assemblies are not constant standing courts , but called together upon occasions , and composed of such as the people chuse for that time only , with a trust and character that remaineth no longer with them than till that assembly is regularly dissolved , such an oath taken by the members of a senate , diet , or other assembly to chosen , can have very little effect , because at the next meeting there may be quite another set of men who will be under no obligation of that kind . the eternity intended to that law by those that made it , will be cut off by new men who shall succeed them in their power , if they have a differing taste , or another interest . xxi . to put it yet farther , suppose a clause in such a law , that it shall be criminal in the last degree for any man chosen in a subsequent assembly , to propose the repealing of it ; and since nothing can be enacted which is not first proposed , by this means it seemeth as if a law might be created which should never die . but let this be examined . first , such a clause would be so destructive to the being of such a constitution , as that it would be as reasonable to say , that a king had right to give or sell his kingdom to a foreign prince , as that any number of men who are entrusted with the supreme power , or any part of it , should have a right to impose such shackles ▪ upon the liberty of those who are to succeed them in the same trust . the ground of that trust is , that every man who is chosen into such an assembly , is to do all that in him lieth for the good of those who chose him : the english of such a clause would be , that he is not to do his best for those that chose him , because though he should be convinc'd that it might be very fatal to continue that law , and therefore very necessary to repeal it , yet he must not repeal it , because it is made a crime , and attended with a penalty . but secondly , to shew the emptiness as well as injustice of such a clause , it is clear , that although such an invasion of right should be imposed , it will never be obeyed : there will only be deformity , in the monster , it will neither sting nor bite . such law-givers would only have the honour of attempting a contradiction which can never have any success ; for as such a law in it self would be a madness , so the penalty would be a jest ; which may be thus made out . xxii . a law that carrieth in it self reason enough to support it , is so far from wanting the protection of such a clause , or from needing to take such an extraordinary receipt for long life , that the admitting it must certainly be the likeliest and the shortest way to destroy it ; such a clause in a law must imply an opinion that the greatest part of mankind is against it , since it is impossible such an exorbitance should be done for its own sake ; the end of it must be to force men by a penalty , to that which they could not be perswaded to , whilst their reason is left at liberty . this position being granted , which i think can hardly be denied , put the case that a law should be made with this imaginary clause of immortality , after which another assembly is chosen , and if the majority of the electors shall be against this law , the greater part of the elected must be so too , if the choice is fair and regular ; which must be presumed , since the supposition of the contrary is not to come within this argument . when these men shall meet , the majority will be visible beforehand of those who are against such a law , so that there will be no hazard to any single man in proposing the repeal of it , when he cannot be punished but by the majority , and he hath such a kind of assurance as cometh near a demonstration , that the greater number will be of his mind , and consequently , that for their own sakes they will secure him from any danger . for these reasons , where-ever in order to the making a bargain , a proposition is advanc'd to make a new law , which is to ●ye up those who neither can nor will be bound by it , it may be a good jest , but it will never be a good equivalent . xxiii . in the last place , let it be examined how far a promise ought to be taken far a security in a bargain . there is great variety of methods for the security of those that deal , according to their dispositions and interests ; some are binding , others inducing circumstances , and are to be so distinguished . first , ready payment is without exception , so of that there can be no dispute ; in default of that , the good opinion men may have of one another is a great ingredient to supply the want of immediate performances . where the trust is grounded upon inclination only , the generosity is not always return'd ; but where it springeth from a long experience it is a better foundation , and yet that is not always secure . in ordinary dealing , one promise may be an equivalent to another , but it is not so for a thing actually granted or conveyed ; especially if the thing required in exchange for it , is of great value , either in it self or in its consequences . a bare promise as a single security in such a case is not an equal proposal ; if it is offered by way of addition , it generally giveth cause to doubt the title is crazy , where so slender a thing is brought in to be a supplement . xxiv . the earnest of making good a promise , must be such a behaviour preceding ; as may encourage the party to whom it is made to depend upon it : where instead of that , there hath been want of kindness ; and which is worse an invasion of right , a promise hath no perswading force ; and till the objection to such a proceeding is forgotten , ( which can only be the work of time ) and the skin is a little grown over the tender part , the wound must not be touch'd . there must be some intermission at least to abate the smart of unkind usage , or else a promise in the eye of the party injur'd is so far from strengthening a security , that it raiseth more doubts , and giveth more justifiable cause suspect it . a word is not like a bone , that being broken and well set again , is said to be sometimes stronger in that very part : it is far from being so in a word given and not made good . every single act either weakeneth or improveth our credit with other men ; and as an habit of being just to our word will confirm , so an habit of too freely dispensing with it must necessarily destroy it . a promise hath its effect to perswade a man to lay some weight upon it , where the promiser hath not only the power , but may reasonably be supposed to have the will of performing it ; and further , that there be no visible interest of the party promising to excuse himself from it , or to evade it . all obligations are comparative , and where they seem to be opposite , or between the greater and the lesser , which of them ought to have precedence in all respects every man is apt to be his own judge . xxv . if it should fall out that the promiser with full intent at the time to perform , might by the interposition of new arguments , or differing advice think himself oblig'd to turn the matter of conscience on the other side , and should look upon it to be much a greater fault to keep his word than to break it ; such a belief will untye the strictest promise that can be made , and though the party thus absolving himself should do it without the mixture or temptation of private interest , being moved to it meerly by his conscience , as then informed ; yet how far soever that might diminish the fault in him , it would in no degree lessen the inconveniences to the party who is disappointed , by the breach of an engagement upon which he relyed . xxvi . a promise is to be understood in the plain and natural sense of the words , and to be sure not in his who made it , if it was given as part of a bargain . that would be like giving a man power to raise the value of his money in the payment of his debt , by which , tho he paid but half or less , be might pretend according to the letter to have made good the contract . the power of interpreting a promise intirely taketh away the virtue of it . a merchant who should once assume that privilege , would save himself the trouble of making any more bargains . it is still worse if this jurisdiction over a man's promise , should be lodg'd in hands that have power to support such an extraordinary claim ; and if in other cases , forbearing to deal upon those terms is advisable , in this it becometh absolutely necessary . xxvii . there must in all respects be a full liberty to claim a promise , to make it reasonable to take it in any part of payment ; else it would be like agreeing for a rent , and at the same time making if criminal to demand it . a superiority of dignity or power in the party promising maketh it a more tender thing for the other party to treat upon that security . the first maketh it a nice thing to claim , the latter maketh it a difficult thing to obtain . in some cases , a promise is in the nature of a covenant , and then between equal parties the breach of it will bear a suit ; but where the greatness of the promiser is very much raised above the level of equality , there is no forfeiture to be taken . it is so far from the party grieved his being able to sue or recover damages , that he will not be allowed to explain or expostulate , and instead of his being relieved against the breach of promise , he will run the hazard of being punished for breach of good manners ▪ such a difficulty is putting all or part of the payment in the fire , where men must burn their fingers before they can come at it . that cannot properly be called good payment , which the party to whom it is due may not receive with ease and safety . it was a kings brother of england who refused to lend the pope money , for this reason , that he would never take the bond of one , upon whom he could not distrain . the argument is still stronger against the validity of a promise , when the contract is made between a prince and a subject . the very offering a kings word in mortgage is rather a threatning in case of refusal , than an inducing argument to accept it ; it is unfair at first , and by that giveth greater cause to be cautious , especially if a thing of that value and dignity as a kings word ought to be , should be put into the hands of state brokers to strike up a bargain with it . xxviii . when god almighty maketh covenants with mankind , his promise is a sufficient security , notwithstanding his superiority and his power ; because first , he can neither erre nor do injustice . it is the only exception to his omnipotence , that by the perfection of his being he is incapacitated to do wrong . secondly , at the instant of his promise , by the extent of his foresight , which cannot fail , there is no room left for the possibility of any thing to intervene , which might change his mind . lastly , he is above the receiving either benefit or inconvenience , and therefore can have no interest or temptation to vary from his word , when once he hath granted it . now though princes are god's vicegerents , yet their commission not being so large , as that these qualifications are devolved to them , it is quite another case , and since the offering a security implyeth it to be examined by the party to whom it is proposed , it must not be taken ill that objections are made to it , even though the prince himself should be the immediate proposer . let a familiar case be put ; suppose a ●rince , tempted by a passion too strong ●or him to resist , should descend so as to ●romise marriage to one of his subjects , ●nd as men are naturally in great haste ●pon such occasions , should press to take possession before the necessary forms could ●e complyed with ; would the poor ladies scruples be called criminal for not taking 〈◊〉 security of the royal word ? or ●ould her allegiance be tainted by her re●●●●ing the sacred person of her sovereign , because he was impatient of delay ? courte●●● in this case might perswade her to accept it , if she was so disposed , but sure the 〈◊〉 exercise of power can never claim it . xxix . there is one case where it is more particularly a duty to use very great ●●●tion in accepting the security of a pro●●● , and that is , when men are authorized and trusted by others to act for them . this ●●tteth them under much greater restraints , than those who are at liberty to treat for themselves . it is lawful , though it is not ●rudent for any man to make an ill bargain for himself , but it is neither the one nor ●he other , where the party contracting ●reateth on behalf of another , by whom he 〈◊〉 intrusted . men who will unwarily ac●ept an ill security , if it is for themselves , forfeit their own discretion , and undergo the penalty , but they are not responsible to any body else . they lie under the mortification and the loss of committing the error , by which though they may expose their judgment to some censure , yet their morality suffers no reproach by it . but those who are deputed by others to treat for them , upon terms of best advantage , though the confidence placed in them should prevent the putting any limits to their power in their commission , yet the condition implied if not expressed , is that the persons so trusted shall neither make an ill bargain , nor accept a slight security . the obligation is yet more binding when the trust is of a publick nature . the aggravation of disappointing a body of men that rely upon them , carrieth the faul● as high as it can go , and perhaps no crim● of any kind can outdo such a deliberate breach of trust , or would more justly mak● men forfeit the protection of humane society . xxx . i will add one thing more upon this , head , which is , that it is not alway● a true proposition , that 't is safe to rely upo● a promise , if at the time of making it , i● is the interest of the promiser to make i● good . this , though many times it is a good inducement , yet it hath these excep●ions to it . first , if the proposer hath at ●●●er times gone plainly against his visible ●nterest , the argument will turn the other ●ay , and his former mistakes are so many warnings to others , not to come within the danger of any more : let the inducements to those mistakes be never so great and generous , that does not alter the nature , they are mistakes still . interest is an uncertain thing , it goeth and cometh , and varieth according to times and circumstances ; as good build upon a quicksand , as upon a presumption that interest shall not alter . where are the men so distinguished from the rest of mankind , that it is impossible for them to ●istake their interest ? who are they that ●●ve such an exemption from humane ●eailty , as that it can never happen to them not to see their interest for want of underderstanding , or not to leap over it by excess of zeal . above all , princes are the most liable to mistake ; not out of any defect in their nature , which might put them under such an unfortunate distinction ; quite contrary , the blood they derive from wise and great ancestors , does rather distinguish them on the better side ; besides that their great character and office of governing giveth a noble exercise to their reason , which 〈◊〉 very hardly fail to raise and improve 〈◊〉 but there is one circumstance annexed their glorious calling , which in this respect is sufficient to outweigh all those advantages ; it is that mankind , divided in most things else , agree in this , to conspire in their endeavors to deceive and mislea●● them ; which maketh it above the power of humane understanding , to be so exactly guarded as never to admit a surprise , and the highest applause that could ever yet be given to the greatest men that ever wore a crown , is that they were no oftner deceived . thus i have ventur'd to lay down my thoughts of the nature of a bargain , and the due circumstances belonging to an equivalent , and will now conclude with thi● short word . where distrusting may be the cause of provoking anger , and trusting may be the cause of bringing ruin the choice is too easie to need the being explained . a letter to a dissenter , upon occasion of his majesties late gracious declaration of indulgence . london : printed in the year . a letter to a dissenter , upon occasion of his majesties late gracious declaration of indulgence . sir , since addresses are in fashion , give me leave to make one to you . this is neither the effect of fear , interest , or resentment ; therefore on may be sure it is sincere : and for that reason it may expect : to be kindly received . whether it will have power enough 〈◊〉 convince , dependeth upon the reason 〈◊〉 of which you are to judge ; and upon your preparation of mind , to be perswaded by truth , whenever it appeareth to you . it ought not to be the less welcome , for coming from a friendly hand , one whose kindness to you is not lessened by difference of opinion , and who will not let h●● thoughts for the publick be so tied or confined to this or that sub-division of protestants , as to stifle the charity , which , besides all other arguments , 〈◊〉 at this time become necessary to serve us . i am neither surprized nor provoked● 〈◊〉 see that in the condition you were 〈◊〉 into by the laws , and the ill circumstance● you lay under , by having the exclus●●● and rebellion laid to your charge , you were desirous to make your selves less uneasy and obnoxious to authority . me● who are sore , run to the nearest reme●● with too much hast to consider all the consequences : grains of allowance are to 〈◊〉 given , where nature giveth such strong influences . when to men under sufferings it offereth ease , the present pain will ●●●rdly allow time to examine the reme●●●s ; and the strongest reason can hardly gain a fair audience from our mind , whilst so possessed , till the smart : is a little ●●layed . i do not know whether the warmth tha● naturally belongeth to new friendships , may not make it a harder task for me to perswade you . it is like telling lovers , in the beginning of their joys , th●● they will in a little time have an 〈◊〉 . such an unwelcome stile doth not ●●●ly find credit : but i will suppose you 〈◊〉 not so far gone in your new passion , but that you will hear still ; and therefore i am under the less discouragement , 〈◊〉 i offer to your consideration two ●●●gs . the first is , the cause you have 〈◊〉 suspect your new friends . the second , ●●e duty incumbent upon you , in christianity and prudence , not to hazard the publick safety , neither by desire of ease , ●or of revenge . to the first : consider that notwithstanding the smooth language which is now put on to engage you , these new friends did not make you their choice , but their refuge : they have ever made their first courtships to the church of england , and when they were rejected there they made their application to you in the second place . the instances of this might be given in all times . i do not repeat them , because whatsoever is unnecessary , must be tedious , the truth of this assertion being so plain , as not to admit a dispute . you cannot therefore reasonably flatter your selves , that there is any inclination to you . they never pretended to allow you any quarter , but to usher in liberty for themselves under that shelter ▪ i refer you to mr. coleman's letters , and to the journals of parliament , where you may be convinced , if you can be so mistaken , as to doubt ; nay , at this very hour , they can hardly forbear , in the height of their courtship , to let fall hard words of you . so little is nature to be restrained ; it will start out sometimes , disdaining to submit to the usurpation of art and interest . this alliance , between liberty and infallibility , is bringing together the two most contrary things that are in the world. the church of rome doth not only dislike the allowing liberty , but by its principles it cannot do it . wine is not more expresly forbid to the mahometans , than giving hereticks liberty to the papists : they are no more able to make good their vows to you , than men married before , and their wife alive , can confirm their contract with another . the continuance of their kindness , would be a habit of sin , of which they are to repent , and their absolution is to be had upon no other terms , than their promise to destroy you . you are therefore to be hugged now , only that you may be the better squeezed it another time . there must be something extraordinary , when the church of rome setteth up bills , and offereth plaisters , for tender consciences : by all that hath hitherto appeared , her skill in chirurgery lieth chiefly in a quick hand , to cut off limbs ; but she is the worst at healing , of any that ever pretended to it . to come so quick from another extream , is such an unnatural motion , that you ought to be upon your guard ; the other day you were sons of belial : now , you are angels of light. this is a violent change , and it will be fit for you to pause upon it , before you believe it : if your features are not altered , neither is their opinion of you , what ever may be pretended . do you believe less than you did , that there is idolatry in the church of rome ? sure you do not . see then , how they treat both in words and writing , those who entertain that opinion . conclude from hence , how inconsistent their favour is with this single article , except they give you a dispensation for this too , and by a non obstante , secure you that they will not think the worse of you . think a little how dangerous it is to build upon a foundation of paradoxes . popery now is the only friend to liberty ; and the known enemy to persecution : the men of taunton and tiverton , are above all other eminent for loyalty . the quakers from being declared by the papists not to be christians , are now made favourites , and taken into their particular protection ; they are on a sudden grown the most accomplished men of the kingdom , in good breeding , and give thanks with the best grace , in double refined language . so that i should not wonder , though a man of that perswasion , inspite of his hat , should be master of the ceremonies . not to say harsher words , these are such very new things , that it is impossible not to suspend our belief , till by a little more experience we may be inform'd whether they are realities or apparitions : we have been under shameful mistakes if these opinions are true ; but for the present , we are apt to be incredulous ; except we could be convinced , that the priests words in this case too , are able to make such a sudden and effectual change ; and that their power is not limited to the sacrament , but that it extendeth to alter the nature of all other things , as often as they are so desposed . let me now speak of the instruments of your friendship , and then leave you to judge , whether they do not afford matter of suspition . no sharpness is to be mingled where healing only is intended ; so nothing will be said to expose particular men , how strong soever the temptation may be , or how clear the proofs to make it out . a word or two in general , for you better caution , shall suffice : suppose then , for argument's sake , that the mediators of this new alliance , should be such as have been formerly imployed in treaties of the same kind , and there detected to have acted by order , and to have been impower'd to give encouragements and rewards . would not this be an argument to suspect them ? if they should plainly be under engagements to one side , their arguments to the other ought to be received accordingly ; their fair pretences are to be looked upon as part of their commission , which may not improbably give them a dispensation in the case of truth , when it may bring a prejudice upon the service of those by whom they are imployed . if there should be men who having formerly had means and authority to perswade by secular arguments , have in pursuance of that power , sprinkled money amongst the dissenting ministers ; and if those very men should now have the same authority , practice the same methods , and disburse , where they cannot otherwise perswade : it seemeth to me to be rather an evidence than a presumption of the deceit . if there should be ministers amongst you , who by having ●allen under temptations of this kind , are in some sort engaged to continue their frailty , by the awe they are in lest it should be exposed : the perswasions of these unfortunate men must sure have the less force , and their arguments , though never so specious , are to be suspected , when they come from men who have mortgaged themselves to severe creditors , that expect a rigorous observation of the contract , let it be never so unwarrantable . if these , or any others , should at this time preach up anger and vengeance against the church of england ; may it not without injustice be suspected , that a thing so plainly out of season , sprinketh rather from corruption than mistake ; and that those who act this cholerick part , do not believe themselves , but only pursue higher directions , and endeavour to make good that part of their contract which obligeth them , upon a forfeiture , to make use of their inflaming eloquence ? they might apprehend their wages would be retrenched if they should be moderate : and therefore whilst violence is their interest , those who have not the same arguments , have no reason to follow such a partial example . if there should be men , who by the load of their crimes against the government , have been bowed down to comply with it against their conscience ; who by incurring the want of a pardon , have drawn upon themselves a necessity of an entire resignation : such men are to be lamented , but not to be believed . nay , they themselves when they have discharged their unwelcom task , will be inwardly glad that their forced endeavours do not succeed , and are pleased when men resist their insinuations ; which are far from being voluntary or sincere , but are squeezed out of them by the weight of their being so obnoxious . if in the heighth of this great dearness by comparing things , it should happen , that at this instant , there is much surer friendship with those who are so far from allowing liberty , that they allow no living to a protestant under them . let the scene lie in what part of the world it will , the argument will come home , and sure it will afford sufficient ground to suspect . apparent contradictions must strike us ; neither nature nor reason can digest them : self-flattery , and the desire to deceive our selves , to gratifie present appetite , with all their power , which is great , cannot get the better of such broad conviction , as some things carry along with them . will you call these vain and empty suspitions ? have you been at all times so void of fears and jealousies as to justifie your being so unreasonably valiant in having none upon this occasion ? such an extraordinary courage at this unseasonable time , to say no more , is too dangerous a virtue to be commended . if then for these and a thousand other reasons , there is cause to suspect , sure your new friends are not to dictate to you , or advise you ; for instance , the addresses that fly abroad every week , and murther us with another to the same ; the first draughts are made by those who are not very proper to be secretaries to the protestant religion : and it is your part only to write them our fairer again . strange ! that you who have been formerly so much against set forms , should now be content the priests should indite for you . the nature of thanks is an unavoidable consequence of being pleased or obliged ; they grow in the heart , and from thence shew themselves either in looks , speech , writing , or action : no man was ever thankful because he was bid to be so , but because he had , or thought he had some reason for it . if then there is cause in this case to pay such extravagant acknowledgments , they will flow naturally , without taking such pains to procure them ; and it is unkindly done to tire all the post-horses with carrying circular letters to solicite that which would be done without any trouble or constraint : if it is really in it self such a favour , what needeth so much pressing men to be thankful , and with such eager circumstances , that where perswasions cannot delude ▪ threatnings are employed to fright them into a compliance . thanks must be volantary , not only unconstrained , but unsolicited , else they are either trifles or snares , that either signifie nothing , or a great deal more than is intended by those that give them . if an inference should be made , that whosoever thanketh the king for his declaration , is by that ingaged to justifie it in point of law ; it is a greater stride than , i presume , all those care to make who are perswaded to address : if it shall be supposed , that all the thankers will be repealers of the test , whenever a parliament shall meet . such an expectation is better prevented before , then disappointed afterwards ; and the surest way to avoid the lying under such a scandal , is not to do any thing that may give a colour to the mistake : these bespoken thanks are little less improper than love letters that were solicited by the lady to whom they are to be directed : so , that besides the little ground there is to give them , the manner of getting them doth extreamly lessen their value . it might be wished that you would have suppressed your impatience , and have been content for the sake of religion , to enjoy it within your selves without the liberty of a publick exercise , till a parliament had allowed it ; but since that could not be , and that the artifices of some amongst you have made use of the well-meant zeal of the generality to draw them into this mistake ; i am so far from blaming you with that sharpness which perhaps , the matter in strictness would bear , that i am ready to err on the side of the more gentle construction . there is a great difference between enjoying quietly the advantages of an act irregularly done by others , and the going about to support it against the laws in being : the law is so sacred , that no trespass against it is to be defended ; yet frailties may in some measure be excused , when they cannot be justified . the desire of enjoying a liberty from which men have been so long restrained , may be a temptation that their reason is not at all times able to resist . it in such a case , some objections are leapt over , indifferent men will be more inclined to lament the occasion , than to fall too hard upon the fault , whilst it is covered with the apology of a good intention ; but where to rescue your selves from the severity of one law , you give a blow to all the laws , by which your religion and liberty are to be protected ; and instead of silently receiving the benefit of this indulgence , you set up for advocates to support it , you become voluntary aggressors , and look like counsel retained by the prerogative against your old friend magna charta , who hath done nothing to deserve her falling thus under your displeasure . if the case then should be , that the price expected from you for this liberty , is giving up your right in the laws , sure you will think twice , before you go any further in such a losing bargain . after giving thanks for the breach of one law , you lose the right of complaining of the breach of all the rest ; you will not very well know how to defend your selves when you are pressed ; and having given up the question when it was for your advantage , you cannot re-call it when it shall be to your prejudice . if you will set up at one time a power to help you , which at another time , by parity of reason , shall be made use of to destroy you , you will neither be pitied , nor relieved against a mischief you draw upon your selves , by being so unreasonably thankful . it is like calling in auxiliaries to help , who are strong enough to subdue you : in such a case your complaints will come too late to be heard , and your sufferings will raise mirth instead of compassion . if you think , for your excuse , to expound your thanks , so as to restrain them to this particular case , others , for their ends , will extend them further : and in these differing interpretations , that which is back'd by authority will be the most likely to prevail ; especially when by the advantage you have given them , they have in truth the better of the argument , and that the inferences from your own concessions are very strong , and express against you . this is so far from being a groundless supposition , that there was a late instance of it , the last session of parliament , in the house of lords , where the first thanks , though things of course , were interpreted to be the approbation of the kings whole speech , and a restraint from the further examination of any part of it , though never so much disliked ; and it was with difficulty obtained , not to be excluded from the liberty of objecting to this mighty prerogative of dispensing , meerly by this innocent and usual piece of good manners , by which no such thing could possibly be intended . this sheweth , that some bounds are to be put to your good breeding , and that the constitution of england is too valuable a thing to be ventured upon a complement . now that you have for some time enjoyed the benefit of the end , it is time for you to look into the danger of the means : the same reason that made you desirous to get liberty , must make your sollicitous to preserve it ; so that the next thought will naturally be not to engage your self beyond retreat , and to agree so far with the principles of all religion , as not to rely upon a death-bed repentance . there are certain periods of time , which being once past , make all cautions ineffectual , and all remedies desperate . our understandings are apt to be hurried on by the first heats , which , if not restrained in time , do not give us leave to look back , till it is too late . consider this in the case of your anger against the church of england , and take warning by their mistake in the same kind , when after the late king's restauration , they preserved so long the bitter taste of your rough usage to them in other times , that it made them forget their interest , and sacrifice it to their revenge . either you will blame this proceeding in them , and for that reason not follow it , or if you allow it , you have no reason to be offended with them ; so that you must either dismiss your anger , or lose your excuse ; except you should argue more partially than will be supposed of men of your morality and understanding . if you had now to do with those rigid prelates , who made it a matter of conscience to give you the least indulgence , but kept you at an uncharitable distance , and even to your most reasonable scruples continued stiff and inexorable , the argument might be fairer on your side : but since the common danger hath so laid open that mistake , that all the former haughtiness towards you is for ever extinguished , and that it hath turned the spirit of persecution into a spirit of peace , charity , and condescension ; shall this happy change only affect the church of england ? and are you so in love with separation , as not to be mov'd by this example ? it ought to be followed , were there no other reson than that it is vertue ; but when besides that , it is become necessary to your preservation , it is impossible to fail the having its effect upon you . if it should be said , that the church of england is never humble but when she is out of power , and therefore loseth the right of being believed when she pretended to it : the answer is , first , it would be an uncharitable objection , and very much mis-timed ; an unseasonable triumph , not only ungenerous , but unsafe : so that in these respects it cannot be urged , without scandal , even though it could be said with truth . secondly , this is not so in fact , and the argument must fall , being built upon a false foundation ; for whatever may be told you at this very hour , and in the heat and glare of your present sun-shine , the church of england can in a moment bring clouds again ; and turn the royal thunder upon your heads , blow you off the stage with a breath , if she would give but a smile or a king word ; the least glimpse of her compliance would throw you back into the state or suffering , and draw upon you all the arrears of severity , which have accrued during the time of this kindness to you , and yet the church of england , with all her faults , will not allow her self to be rescued by such unjustifiable means , but chuseth to bear the weight of power , rather than ●e under the burthen of being criminal . it cannot be said , that she is unprovoked ; books and letters come out every day , to call for answers , yet she will not be stirred . from the supposed authors , and the stile , one would swear they were undertakers , and had made a contract to fall out with the church of england . there are lashes in every address , challenges to draw the pen in every pamphlet : in short , the fairest occasions in the world given to quarrel ; but she wisely distinguisheth between the body of dissenters , whom she will suppose to act as they do , with no ill intent ; and these small skirmishers , pickt and sent out to picqueer , and to begin a fray amongst the protestants , for the entertainment as well as the advantage of the church of rome . this conduct is so good , that it will be scandalous not to applaud it . it is not equal dealing to blame our adversaries for doing ill , and not commend them when they do well . to hate them because they persecuted , and not to be reconciled to them when they are ready to suffer , rather than receive all the advantages that can be gained by a criminal complyance , is a principle no sort of christians can own , since it would give an objection to them never to be answered . think a little who they were that promoted your former persecutions , and then consider how it will look to be angry with the instruments , and at the same time to make a league with the authors of your sufferings . have you enough considered what will be expected from you ? are you ready to stand in every borough by vertue of a conge d'eslire , and instead of election , be satisfied if you are returned ? will you in parliament justifie the dispensing power , with all its consequences , and repeal the test , by which you will make way for the repeal of all the laws , that were made to preserve your religion , and to enact others that shall destroy it ? are you disposed to change the liberty of debate into the merit of obedience ; and to be made instruments to repeal or enact laws , when the roman consistory are lords of the articles ? are you so linked with your new friends , as to reject any indulgence a parliament shall offer you , if it shall not be so comprehensive as to include the papists in it ? consider , that the implyed conditions of your new treaty are no less , than that you are to do every thing you are desired , without examining , and that for this pretended liberty of conscience , your real freedom is to be sacrificed : your former faults hang like chains still about you , you are let loose only upon bayl ; the first act of non-compliance , sendeth you to jayl again . you may see that the papists themselves do not relie upon the legality of this power , which you are to justifie , since the being so very earnest to get it established by a law , and the doing such very hard things in order , as they think , to obtain it , is a clear evidence , that they do not think that the single power of the crown is in this case a good foundation ; especially when this is done under a prince , so very tender of all the rights of sovereignty , that he would think it a diminution to his prerogative , where he conceiveth it strong enough to go alone , to call in the legislative help to strengthen and support it . you have formerly blamed the church of england , and not without reason , for going so far as they did in their compliance ; and yet as soon as they stopped , you see they are not only deserted , but prosecuted : conclude then from this example , that you must either break off your friendship , or resolve to have no bounds in it . if they do not succeed in their design , they will leave you first ; if they do , you must either leave them , when it will be too late for your safety , or else after the squeaziness of starting at a surplice , you must be forced to swallow transubstantiation : remember that the other day those of the church of england were trimmers for enduring you , and now by a sudden turn , you are become the favourites ; do not deceive your selves , it is not the nature of lasting plants thus to shoot up in a night ; you may look gay and green for a little time , but you want a root to give you a continuance . it is not so long since , as to be forgotten , that the maxim was , it is impossible for a dissenter not to be a rebel . consider at this time in france , even the new converts are so far from being imployed , that they are disarmed ; their sudden change maketh them still to be distrusted , notwithstanding that they are reconciled : what are you to expect then from your dear friends , to whom , when ever they shall think fit to throw you off again , you have in other times given such arguments for their excuse ? besides all this , you act very unskilfully against your visible interest , if you throw away the advantages , of which you can hardly fail in the next probable revolution . things tend naturally to what you would have , if you would let them alone , and not by an unseasonable activity lose the influences of your good star , which promiseth you every thing that is prosperous . the church of england convinced of its error in being severe to you ; the parliament , when-ever it meeteth , sure to be gentle to you ; the next heir bred in the country which you have so often quoted for a pattern of indulgence ; a general agreement of all thinking men , that we must no more cut our selves off from the protestants abroad , but rather inlarge the foundations upon which we are to build our defences against the common enemy ; so that in truth , all things seem to conspire to give you ease and satisfaction , if by too much haste to anticipate your good fortune , you do not destroy it . the protestants have but one article of humane strength , to oppose the power which is now against them , and that is , not to lose the advantage of their numbers , by being so unwary as to let themselves be divided . we all agree in our duty to our prince ; our objections to his belief do not hinder us from seeing his vertues ; and our not complying with his religion , hath no effect upon our allegiance ; we are not to be laughed out of our passive-obedience , and the doctrine of non-resistance ; though even those who perhaps owe the best part of their security to that principle , are apt to make a jest of it . so that if we give no advantage by the fatal mistake of misapplying our anger , by the natural course of things , this danger will pass away like a shower of hail ; fair weather will succeed , as lowering as the sky now looketh , and all this by plain and easie receipt ; let us be still , quiet , and undivided , firm at the same time to our religion , our loyalty , and our laws ; and so long as we continue this method , it is next to impossible , that the odds of to one should lose the bett ; except the church of rome , which hath been so long barren of miracles , should now in her declining age , be brought to bed of one that would out-do the best she can brag of in her legend . to conclude , the short question will be , whether you will join with those who must in the end run the same fate with you ? if protestants of all sorts , in their behaviour to one another , have been to blame , they are upon the more equal terms , and for that very reason it is fitter for them now to be reconciled . our dis-union is not only a reproach , but a danger to us ; those who believe in modern miracles , have more right , or at least more excuse , to neglect all secular cautions ; but for us , it is as justifiable to have no religion , as wilfully to throw away the humane means of preserving it . i am , dear sir , your most affectionate humble servant , t. w. some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament . london , printed in the year , . some cautions offered to the consideration of those who are to chuse members to serve for the ensuing parliament . i will make no other introduction , than that it is hoped the counties and boroughs will remember in general , that besides other consequences , they will have the credit of a good choice , or the scandal that belongeth to an ill one . the creators will be thought like their creatures ; and therefore an ill choice will either be a disparagement of their understanding , or their morals . there cannot be a fuller approbation of a thing , than the chusing of it ; so that the fault of the members chosen , if known before-hand , will be judged to be of the growth of that county or borough , after such a solemn approbation of them . in short , those who send up their representatives to westminster , should take care they may be such as will do them right , and their countrey honour . now to the particulars . i. a very extraordinary earnestness to be chosen , is no very good symptom : a desire to serve the nation in parliament , is an english man's ambition : always to be encouraged , and never to be disapproved . a man may not only be willing to stand , but he may declare that willingness to his friends , that they may assist him , and by all the means becoming a modest and prudent man , he may endeavour to succeed , and prevent the being disappointed in it . but there is a wide difference between this and the raising a king of petty war in the county or corporation ; entring the lists rather for a combat than an election ; throwing fire-balls to put men into heat , and omitting to spread no reports , whether true or false , which may give an advantage by laying a blemish upon a competitor . these methods will ever be suspicious ; it will never be thought a natural thing for men to take such extravagant pains for the meer sake of doing good to others . to be content to suffer something for a good end , is that which many would do without any great repugnance : but where a man can honestly propose nothing to himself , except troubles , charge , and loss , by absence from his own affairs , to be so violent in the pursuit of so ill a bargain , is not at all suited to the languishing virtue of mankind so corrupted . such a self-denying zeal in such a self-seeking age , is so little to be imagin'd , that it may without injury be suspected . therefore when these blustring pretenders come upon the stage , their natural temper and other circumstances ought to be very well consider'd , before men trust them with the disposal of their money , or their liberty . and i am apt to believe , there could hardly be found one single man whose other qualifications would over-balance the objections that lie against such importunate suitors . ii. recommending letters ought to have no effect upon elections . in this i must distinguish ; for tho in strictness perhaps there should be no exception ; yet in compliance with long practice , and out of an indulgence that is necessary in a time when mankind is too much loosened from severe rules , to be kept close up to them , letters sent only from equal men , doing good men right by giving evidence in their behalf , offering them as fitly qualified , when they really are so , and freeing them from unjust aspersions , may be still allowed . the letters i mean , are from men of power , where it may be beneficial to comply , and inconvenient to oppose . choice must not only be free from force , but from influence , which is a degree of force : there must be no difficulty , no apprehension that a refusal will be ill taken , or resented . the freeholders must be freemen too ; they are to have no shackles upon their votes in a election : and the men who stand , should carry their own letters of recommendation about them , which are there good character and behaviour in the world , without borrowing evidence , especially when it comes from suspected hands . those who make use of these epistles , ought to have no more advantage from them , that the muscovites have from the letters put into their hands , when they are buried , to recommend them to st. nicholas . the first should as little get admittance . for men into the parliament , as these letters can introduce the bearers into heaven . the scandal of such letters lieth first in the arrogant imposing of those that write them , and next in the wretched meanness of those that need them . men must be fallen very low in their credit , who upon such an occasion have a recourse to power to support it : their enemies could not give stronger evidence of their not being fit for that which they pretend to . and if the electors judge otherwise , they will be pretty sure in a little time to see their mistake , and to repent it . iii. non-attendance in former parliaments ought to be a bar against the choice of men who have been guilty of it . it is one of the worst kinds of non-residence , and the least to be excused : it is very hard that men should despise a duty , which perhaps is the only ground of the respect that is paid to them . it is such a piece of sawciness for any one to press for the honour of serving in parliament , and then to be careless in attending it , that in a house where there were so many officers , the penalty had not been improper to have cashier'd them for not appearing at the general muster . if men forbear to come out of laziness , let them be gratified by taking their ease at home without interruption ; if out of small cunning to avoid difficulties , and to escape from the inconvenience of voting in critical cases , let them enjoy that despicable pitch of wisdom , and never pretend to make a figure where the publick is to be served . if it would not be thought advisable to trust a man immediately after he hath been drawn out of a gaol , it may be as reasonable to look upon one who for his non-attendance in the house hath been sent for in custody , as a king of bankrupt , which putteth him upon unequal terms with those who have been assiduous in the discharge of their duty . they who thought fit in one session to neglect the publick business , may be justly suspected , by their standing , in the next to intend their own . besides these more deliberate offenders , there are some who do not attend even when they are in the house : absent in their thoughts for want of comprehending the business that is doing , and therefore diverted from it by any thing that is trivial . such men are nusances to a serious assembly ; and when they are numerous , it amounteth almost to a dissolution ; it being scarce possible for good sence to be heard , whilst a noise is made by the buzzing of these horse flies . the roman censors who degraded a senator for yawning whilst there was a debate , would have much more abundant matter here upon which they might exercise their jurisdiction . to conclude this head , there are so few that ever mended in these cases , that after the first experiment it is not at all reasonable to take them upon a new tryal . iv. men who are unquiet and busy in their natures , are to give more than ordinary proofs of their integrity , before the electing them into a publick trust can be justified . as a hot summer breedeth greater swarms of flies , so an active time breedeth a greater number of these shining gentlemen . it is pretty sure , that men who cannot allow themselves to be at rest , will let no body else be at quiet . such a perpetual activity is apt by degrees to be applied to the pursuit of their private interest . and their thoughts being in a continual motion , they have not time to dwell long enough upon any thing to entertain a scruple . so that they are generally at full liberty to do what is most convenient for them , without being fettered by any restraints . nay further ; whenever it hapneth that there is an impunity for cheating , these nimble gentlemen are apt to think it a disparagement to their understandings not to go into it . i doubt it is not a wrong to the present age , to say , that a knave is a less unpopular calling than it hath been in former times . and to say truth , it would be ingratitude in some men to turn honest , when they owe all they have to their knavery . the people are in this respect unhappy ; they are too many to do their own business ; their numbers , which make their strength , are at the same time the cause of their weakness ; they are too unweildy to move ; and for this reason nothing can ever redeem them from this incurable impotency : so that they must have solicitors to pursue and look after their interests : who are too often disposed to dispense with the fidelity they owe to those that trust them ; especially if the government will pay their bills without abatement . it is better these gentlement's dexterity should be employed any where than in parliament , where the ill consequence of their being members is too much diffused , and not restrained to the county or borough who shall be so unwary as to chuse them . v. great drinkers are less fit to serve in parliament than is apprehended . men's virtue , as well as their understanding , is apt to be tainted by it . the appearance of it is sociable and well-natur'd , but it is by no means to be rely'd upon . nothing is more frail than a man too far engaged in wet popularity . the habit of it maketh men careless of their business , and that naturally leadeth them into circumstances , that make them liable to temptation . it is seldom seen , that any principles have such a root , as that they can be proof against the continual droppings of a bottle . as to the faculties of the mind , there is not less objection ; the vapours of wine may sometimes throw out sparks of wit , but they are like scattered pieces of ore , there is no vein to work upon . such wit , even the best of it , is like paying great fines ; in which case there must of necessity be an abatement of the constant rent . nothing sure is a greater enemy to the brain , than too much moisture ; it can the least of any thing bear the being continually steeped : and it may be said , that thought may be resembled to some creatures which can live only in a dry country . yet so arrogant are some men , as to think they are so much masters of business , as that they can play with it ; they imagine they can drown their reason once a day , and that it shall not be the worse for it ; forgetting , that by too often diving the understanding at last groweth too weak to rise up again . i will suppose this fault was less frequent when solon made it one of his laws , that it was lawful to kill a magistrate if he was found d●unk . such a liberty taken in this age , either in the parliament or out of it , would do terrible execution . i cannot but mention a petition in the year , from the county of devon , to the house of commons , against the undue election of burgesses , who are strong in wine and weak in wisdom . the cause of such petitions is to be prevented by chusing such as shall not give handle for them . vi. wanting-men give such cause of suspicion where ever they deal , that surely the chusers will be upon their guard , as often as such dangerous pretenders make their application to them . let the behaviour of such men be never so plausible and untainted , yet they who are to pitch upon those they are to trust with all they have , may be excused , if they do not only consider what they are but what they may be . as we pray our selves we may not be led , into temptation , we ought not by any means to thrust others into it ; even though our own interest was not concerned ; and sure when it is , the argument hath not less force . if a man hath a small estate , and a numerous family ; where it happeneth that a man hath as many children as he hath tenants , it is not a recommending circumstance for his election . when it cometh to be the question with such a man , whether he shall be just to the publick , or cruel to his family ? it is very possible the decision may be on the side of corrupted nature . it is a complement to this age , which it doth not deserve , to suppose men are so ty'd up to morality , as that they cannot be pinched out of it : especially now when it is called starving not to be embroidered , or served in plate . the men chosen to serve their country , should not be loaden with suits that may tempt them to assume privileges ; much less under such necessities as may more immediately prepare them for corruption . men who need a parliament for their own particular interest , have more reason to offer their service than others have to accept of it . and though i do not doubt , but there may be some whose virtue would triumph over their wants , let them be never so pressing ; yet to expose the publick to the hazard of being deceived , is that which can never be justifi'd by those that chuse . and tho it must be allow'd possible for a wanting-man to be honest , yet it is impossible for a man to be wise that will depend upon it . vii . there is a sort of men that have a tinsel-wit , which make them shine among those who cannot judge . club and coffee-house gentlemen , petty merchants of small conceits , who have an empty habit of prating without meaning ; they always aim at wit and generally make false fire . their business is less to learn , than to set themselves out ; which makes them chuse to be with such as can only be witnesses of their small ingenuity , rather than with such as might improve it . there is a subordinate wit , as much inferior to a wit of business , as a fidler at a wake is to the lofty sound of an organ . men of this size are in no degree suited to the business of redressing grievances , and making laws . there is a parliament wit to be distinguish'd from all other kinds ; those who have it , do not stuff their heads only with cavils and objections . they have a deliberate and an observing wit , a head turned to publick things ; men who place a greater pleasure in mending a fault than in finding it out . their understanding directeth them to object in the right place , and not like those who go by no other rule , than to conclude , that must be the best counsel which was not taken . these whole-sale judges shew such a gross and peevish ignorance , that it appeareth so openly in all they say or do , that they give loud warning to all considering men , not to chuse them . viii . the dislike of slight airy men must not go so far , as to recommend heaviness in opposition to it , especially where men are convicted of it by experience in former sessions . as a lively coxcomb will seldom fail to lay in his claim for wit ; so a blockhead is apt to pretend , that his heaviness is a proof of his judgment . some have an universal lethargy spread upon their understanding without exception ; others have an insufficiency 〈◊〉 hoc , as in some cases men have 〈◊〉 hanc ; these last can never so 〈…〉 thoughts to publick business , as to give the attention that is necessary to comprehend it . there are those who have such a thick shell upon their brains , that their ignorance is impenetrable , and maketh such astout resistance against common sense , that it will never be subdued by it : true heart of oak , ignorance that will neveryield , let reason beat never so hard upon it ; and though their kind neighbours have at several elections sent them up to school again , they have still return'd the same incurable dunces . there is a false gravity that is a very ill symptom ; and it may be said , that as rivers , which run very slowly , have always the most mud at the bottom ; so a solid stiffness in the constant course of a man's life , is a sign of a thick bed of mud at the bottom of his brain . a dull man is so near a dead man , that he is hardly to be ranked in the list of the living ; and as he is not to be buri'd whilst he is half alive , so he is as little to be imploy'd whilst : he is half dead . parliaments are now grown to be quite other things than they were formerly . in ancient times they were little more than great assizes ; a roll of grievances ; magna charta confirmed ; privileges of holy church preserved ; so many sacks of wool given , and away . now there are traps and gins laid for the well-meaning country-gentleman ; he is to grapple with the cunning of men in town , which is not a little improv'd by being rewarded and encourag'd . so that men whose good intentions are not seconded and supported by some degree of ability , are as much the more dangerous , as they are less criminal than cunning knaves . their honest mistakes , for want of distinguishing , either give a countenance to , or at least lessen the scandal of the injurious things that are done to the publick : and with leave ask'd for so odd an expression , their innocent guilt is as mischievous to the laws and liberties , as the most deliberate malice of those that would destroy them . ix . there is an abuse which daily increaseth , of sending such to parliament , as are scarce old enough to be sent to the university . i would not in this restrain the definition of these boys to the age of twenty one : if my opinion might take place , i should wish that none might be chosen into the house of commons under thirty ; and to make some equality , i should from the same motives , think it convenient , that no lord should have a vote in judicature under that age. but to leave this digression ; i cannot see why the chusers should not at least make it a rule among themselves , not to send any man to represent them under the age of twenty five , which is the time of majority in most other places of the world . surely it is not that we are earlier plants than our neighbours . such supposition could neither be justifi'd by our climate , nor by the degree of latitude in which we are placed ; i must therefore attribute it to the haste our ancestors had ( and not without reason ) to free themselves from the severity of wardships . but whether this , or any thing else , was the cause of our earlier stepping into man's estate ; so it is now , that according to our laws , twenty one is the age of discretion ; and the young man is then vested with a legal , how defective soever he may be in his natural understanding . with all this , there ought to be a difference made between coming out of pupilage , and leaping into legislatorship . it is perhaps inconvenient enough that a man should be so soon let loose to destroy his own estate ; but it is yet worse , that he should then have a power of giving away other men's . the law must make general rules , to which there always will be some objections . if there were tryers appointed to judge when leading-strings should be left off , many would wear them a very great while , and some perhaps with their gray hairs ; there being no small number of old boys in all times and especially in this . it is necessary therefore to make exceptions to this general rule , where the case so much requireth it , as it doth in the matter in question . the ground of sending these minors to parliament ought not to recommend the continuance of it to those who are lovers of liberty ; since it was by the authority and influence of great men , that their stripling sons were first receiv'd by the humble depending boroughs , or the complying counties . they called it , as many do still , the best school for young men. now experience hath shew'd us , that it is like a school only in this respect , that these youngsters when they are admitted , deserve to be whipp'd in it . if the house of commons is a school , it must be for men of riper age ; these are too young to learn there , and being elevated by a mistaken smattering in small politicks , they grow too supercilious to learn any where else ; so that instead of improving young promising plants , they are destroy'd by being misplac'd . if then they do themselves hurt by it , it is surer yet that they do the house no good by coming into it . they were not green geese that are said to have sav'd the capitol ; they were certainly of full age , or else their cackling could not have been heard , so as to give warning . indeed it look'd of late , when the fashion was to have long continu'd parliaments , as if we might plant a boy in the house with a prospect that he might continue there till he had gray hairs : and that the same sapling might have such a root , as that he might grow up to be timber without being remov'd . if these young men had skill enough to pitch upon some body in the house , to whom they might resign their opinion , and upon whose judgment they might lean without reserve , there might be less objection . but to speak truth , they know as little how to chuse , as those did who elected them : so that there is no other expedient left , than the letting them alone . one may say , generally speaking , that a young man being too soon qualifi'd for the serious business of parliaments , would really be no good symptom . it is a sign of too much phlegm , and too little fire in the beginning of age , if men have not a little more heat than is convenient ; for as they grow older they will run a hazard of not having so much as is necessary . the truth is , the vigour of youth is soften'd and misapply'd , when it is not spent either in war or close studies ; all other courses have an idle mixture that cometh to nothing , and maketh them like trees , which for want of pruning run up to wood , and seldom or never bear any fruit. to conclude this head , it must be own'd , that there is no age of our life which doth not carry arguments along with it to humble us : and therefore it would be well for the business of the world , if young men would stay longer before they went into it , and old men not so long before they went out of it . x. next to these may be rank'd a sort of superfine gentlemen , carpet-knights , men whose heads may be said to be only appurtenances to their perukes , which intirely ingross all their care and application . there understanding is so strictly appropriated to their dress ; that no part of it is upon pain of their utmost displeasure to be diverted to any other use . it is not by this intended to recommend an affected clown , or to make it a necessary qualification for a member of parliament , that he must renounce clean linen or good manners ; but surely a too earnest application to make every thing sit right about them , striketh too deep into their small stock of thoughts to allow it furniture for any thing else . to do right to these fine-spun gentlemen , business is too course a thing for them , which maketh it an unreasonable hardship upon them to oppress them with it ; so that in tenderness to them , no less than out of care to the publick , it is best to leave them to their taylors with whom they will live in much better correspondence , when the danger is prevented of their falling out about privileges . xi . men of injustice and violence , in their private dealings , are not to be trusted by the people with a commission to treat for them in parliament . in the th of edw. . the king commandeth in his writs not to chuse any knights who had been guilty of crime , or maintenance . these warm men seldom fail to run into maintenance , taken in a larger extent . it is an unnatural sound to come from a man that is arbitrary in his neighbourhood , to talk of laws and liberties at westminster ; he is not a proper vehicle for such words , which ought never to be prophaned . an habitual breaker of the laws , to be made one of the law-makers , is as if the benches in westminster-hall should be filled with men out of newgate . those who are of this temper cannot change their nature out of respect to their countrey . quite contrary ; they will less scruple to do wrong to a nation where no body taketh it to himself , than to particular men to whose resentments they are more immediately exposed . in short they lie under such strong objections , that the over-balance of better men cannot altogether purify an assembly where these unclean beasts are admitted . xii . excessive spenders and unreasonable savers are to be excluded , being both greedy from differing causes . they are both of them diseases of infection , and for that reason are not to be admitted into publick assemblies . a prodigal man must be , greedy because he thinketh he can never spend enough . the wretch must be so , because he will never think he can hoard enough . the world first admireth men's wisdom for getting money , and then raileth at them if they do not throw it away ? so that the prodigal man is only the less unpopular extreme ; he is every jot as well prepared as the miser to fall out with his morals , when once a good temptation is offered him to lay them aside . on the other side , some rich men are as eager to overtake those that are richer , as a running horse is to get to the race-post , before the other that contendeth with him . men often desire to heap , rather because others have more , than that they know what to do with that which they covet with so much impatience . so that it is plain , the fancy hath as great a share in this imaginary pleasure of gathering as it hath in love , ambition , or any other passion . it is pretty sure , that as no man was ever the richer for having a good estate , if he did not look after it ; so neither will he be the honester if he hath never so much . want of care will always create want of money ; so that whether a man is a begger because he never had any money , or because he can never keep any , it is all one to those who are to trust him . upon this head of prodigality , it may be no unreasonable caution to be afraid of those who in former service have , been extravagantly liberal of the publick money . trusting is so hazardous a thing , that it should never be done but where it is necessary ; so that when trustees are found upon tryal to be very lavish , even without examining into the causes of it , ( which are generally very suspicious ) it is a reasonable part of preventing wit to change hands , or else the chusers will pay the penalty that belongeth to good nature so misplaced , and the consequences will be attended with the aggravation of their not being made wiser by such a severe and costly warning . xiii . it would be of very great use to take a general resolution throughout the kingdom , that none should be chosen for a county but such as have either in possession , or reversion , a considerable estate in it ; nor for a burrough , except he be resiant , or that he hath some estate in the county , in present or expectancy . there have been eminent men of law who were of opinion , that in the case of a burgess of a town not resiant , the court is to give judgment according to the statute , notwithstanding custom to the contrary . but not to insist now upon that , the prudential part is argument enough to set up a rule to abrogate an ill custom . there is not , perhaps , a greater cause of the corruption of parliaments , than by adopting members , who may be said to have no title by their births . the juries are by the law to be exvicineto ; and shall there be less care that the representatives of the people be so too ? sure the interest of the county is best placed in the hands of such as have some share in it . the outliers are not so easily kept within the pale of the laws . they are often chosen without being known , which is more like chusing valentines , than members of parliament . the motive of their standing is more justly to be supposed , that they may redress their own grievances which they know , than those of the countrey , to which they are strangers . they are chosen at london to serve in cornwall , &c. and are often parties , before they come to be representatives : one would think the reproach it is for a county not to have men within their own circle to serve them in parliament , should be argument enough to reject these trespassers , without urging the ill consequences in other respects of their being admitted . xiv . as in some cases it is advisable to give a total exclusion to men not fitly qualified ; so in others it is more proper to lay down a general rule of caution , with allowance of some exceptions , where men have given such proofs of themselves , as create a right for them to be distinguished . of this nature is that which i shall say concerning lawyers , who , by the same reason that they may be useful , may be also very dangerous . the negligence , and want of application in gentlemen , hath made them to be thought more necessary than naturally they are in parliament . they have not only ingrossed the chair of the speaker , but that of a committee is hardly thought to be well filled , except it be by a man of the robe . this maketh it worthy of the more serious reflection of all gentlemen , that it may be an argument to them to quailfy themselves in parliamentary learning , in such a manner , as that they may rely upon their own abilities , in order to the serving their countrey . but to come to the point in question ; it is not without precedent , that practising-lawyers have been excluded from serving in parliament ; and , without following those patterns strictly , i cannot but think it reasonable , that whilst a parliament sitteth , no member of parliament should plead at any bar. the reason of it is in many respects strong in it self , and is grown much stronger by the long sitting of parliaments of late ; but i will not dwell upon this : the matter now in question being concerning lawyers being elected , which i conceive should be done with so much circumspection , that probably it would not often happen . if lawyers have great practice , that ought to take them up ; if not , it is no great sign of their ability ; and at the same time giveth a suspicion , that they may be more liable to be tempted . if it should be so in fact , that no king ever wanted judges to soften the stiffness of the laws that were made , so as to make them suit better with the reason of state , and the convenience of the government ; it is no injury now to suppose it possible for lawyers in the house of commons , so to behave themselves in the making of new laws , as the better to make way for the having their robes lined with fur. they are men used to argue on both sides of a question ; and if ordinary fees can inspire them with very good reasons in a very ill cause , that faculty exercised in parliaments , where it may be better encouraged , may prove very inconvenient to those that chuse them . and therefore , without arraigning a profession , that it would be scandalous for a man not to honour ; one may , by a suspicion , which is the more excusable when it is in the behalf of the people , imagine that the habit of taking money for their opinion , may create in some such a forgetfulness to distinguish , that they may take it for their vote . they are generally men who by a laborious study hope to be advanced : they have it in their eye as a reward for the toil they undergo . this maketh them generally very slow , and ill disposed ( let the occasion never so much require it ) to wrestle with that soil where preferment groweth . now if the supposition be in its self not unreasonable , and that it should happen to be strengthen'd and confirm'd by experience it will be very unnecessary to say any more upon this article , but leave it to the electors to consider of it . xv. i cannot forbear to put in a caveat against men ty'd to a party . there must in every body be a leaning to that sort of men who profess some principles , more than to others who go upon a different foundation ; but when a man is drowned in a party , plunged in it beyond his depth , he runneth a great hazard of being upon ill terms with good sense , or morality , if not with both of them . such a man can hardly be called a free-agent and for that reason is very unfit to be trusted with the peoples liberty , after he hath given up his own . it is said , that in some part of the indies they do so affect little feet , that they keep them squeezed while they are children , so that they stay at that small size after they are grown men. one may say something like this of men lock'd up in a party ; they put their thoughts into such a narrow mould , that they can never be enlarged nor released from their first confinements . men in a party have liberty only for their motto ; in reality they are greater slaves than any body else would care to make them . a party , even in times of peace , ( tho against the original contract , and the bill of rights ) sets up and continues the exercise of martial law : once inrolled , the man that quitteth , if they had their will , would be hanged for a deserter . they communicate anger to one another by contagion : and it may be said , that if too much light dazzleth the eye-sight , too much heat doth not less weaken the judgment . heat reigneth in the fancy ; and reason , which is a colder faculty of the brain , taketh more time to be heard , than the other will allow . the heat of a party is like the burning of a fever ; and not a natural warmth , evenly distributed to give life and vigor . there was a time indeed when anger shew'd a good sign of honesty ; but that evidence is very much weakned by instances we have seen since the days of yore : and the publick spirited choler hath been thrown off within time of memory , and lost almost all its credit with some people , since they found what governments thought fit to make their so doing a step to their preferment . a strong blustring wind seldom continues long in one corner . some men knock loud only to be let in ; the bustle they make is animated by their private interest . the outward blaze only is for religion and liberty : the true lasting fire , like that of the vestals which never went out , is an eagerness to get somewhat for themselves . a house of commons composed of such men , would be more properly so many merchants incorporated in a regular company , to make their particular adventures , than men sent from the people to serve and represent them . there are some splenetick gentlemen who confine their favourable opinion within so narrow a compass , that they will not allow it to any man that was not hanged in the late reigns . now by that rule one might expect they should rescue themselves from the disadvantage of being now alive ; and by abdicating a world so little worthy of them , get a great name to themselves , with the general satisfaction of all those they would leave behind them . amongst the many other ill consequences of a stated party , it is none of the least , that it tempteth low and insignificant men to come upon the stage , to expose themselves , and to spoil business . it turneth a cypher into a figure , such a one as it is : a man in a party is able to make a noise , let it be never so empty a sound . a weak man is easily blown out of his small senses , by being muster'd into a party ; he is flatter'd till he liketh himself so well , that he taketh it extremely ill if he hath not an employment . nothing is more in fashion , than for men to desire good places , and i doubt nothing is less so than to deserve them . from nobody to somebody is such a violent stride , that nature , which hath the negative voice , will not give its royal assent to it : so that when insufficient men aim at being in business , the worst of their enemies might out of malice to them , pray for their preferment . there could be no end , if one did not stop till this theme had no more matter to furnish . i will only say , nothing is more evident , than that the good of the nation hath been sacrificed to the animosities of the several contending parties ; and without entring into the dispute which of them are more or less in the right , it is pretty sure , that whilst these opposite sets of angry men are playing at foot-ball , they will break all the windows , and do more hurt than their pretended zeal for the nation will ever make amends for . in short , a man so engaged is retained before the people take him for their council ; he hath such a reverse for his party , that it is not adviseable for those who would chuse him , to depend upon his professions . all parties assuming such a dispensing power , that by their sovereign authority they cancel and dissolve any act or promise that they do not afterwards approve . these things considered , those who will chuse such men deserve whatever followeth . xvi . pretenders to exorbitant merit in the late revolution , are not without objections against them , when they stand to serve in parliament . it would not only be a low , but a criminal kind of envy , to deny a distinguishing justice to men who have been instrumental and active , when the service of their countrey requir'd it . but there ought to be moderation in men's claims , or else it is out of the power of our poor island to satisfy them . it is true , service of all kinds is grown much dearer , like labourer's wages , which formerly occasioned several statutes to regulate them . but now the men who only carried mortar to the building , when it is finished , think they are ill dealt with if they are not made master-workmen . they presently cry out , the original contract is broken , if their merit is not rewarded , at their own rate too . some will think there never ought to be an end of their rewards ; when indifferent judges would perhaps be puzzled to find out the beginning of their merit . they bring in such large bills , that they must be examin'd : some bounds must be put to men's pretensions ; else the nation , which is to pay the reckoning , will every way think it a scurvy thing to be undone , whether it be by being over-run by our enemies , or by the being , exhausted by our friends . there ought therefore to be deductions where they are reasonable , the better to justifie the paying what remaineth . for example , if any of these passionate lovers of the protestant religion should not think fit , in their manner of living , to give the least evidence of their morality , their claims upon that head might sure be struck off without any injustice to them . if there are any who set down great sums as a reward due to their zeal for rescuing property from the jaws of arbitrary power ; their pretensions may fairly be rejected , if now they are so far from shewing a care and tenderness of the laws , that they look rather like councel retained on the other side . it is no less strange , than i doubt it is true , that some men should be so in love with their dear mistress , old england , with all her wrinkles , as out of an heroick passion to swim over to rescue her from being ravish'd ; and when they have done the feat , the first thing after enjoyment is , that they go about to strangle her . for the sake of true love , it is not sit that such ungentile gallants should be too much encourag'd ; and their arrogance for having done well at first , will have no right to be excused , if their so doing ill at last doth not make them a little more modest . true merit , like a river , the deeper it is the less noise it makes . these loud proclaimers of their own deserts , are not only to be suspected for their truth , but the electors are to consider that such meritorious men lay an assessment upon those that chuse them . the publick taxes are already heavy enough without the addition of these private reckonings . it is therefore the safer way not to employ men , who will expect more for their wages , than the mistaken borough that sendeth them up to parliament could be sold for . xvii . with all due regard to the noblest of callings , military officers are out of their true element when they are misplaced in a house of commons . things in this world ought to be well suited . there are some appearances so unnatural , that men are convinc'd by them without any other argument . the very habit in some cases , recommendeth or giveth offence . if the judges upon the bench should , instead of their furrs , which signifie gravity , and bespeak respect , be cloathed like the jockeys at new-market , or wear jack-boots and steenkirks ; they would not in reality have less law , but mankind would be so struck with this unusual object , that it would be a great while before they could think it possible to receive justice from men so accouter'd . it is to some degree the same thing in this case ; such martial habits , blue-coats , red stockings , &c. make them look very unlike grave senators . one would almost swear they were creatures apart , and of a differing species from the rest of the body . in former times , when only the resiant shopkeeper was to represent his corporation ( which by the way is the law still at this day ) the military looks of one of these sons of mars , would have stared the quaking member down again to his burrough . now the number of them is so encreased , that the peaceable part of the house may lawfully swear they are in fear of their lives , from such an awful appearance of men of war. it maketh the room look like a guard-house by such an ill-suited mixture . but this is only the out-side , the bark of the argument ; the root goeth yet deeper against chusing such men , whose talents ought to be otherwise applied . their two capacities are so inconsistent , that mens undertaking to serve both the cures , will be the cause in a little time , that we shall neither have men of war , nor men of business , good in their several kinds . an officer is to give up his liberty to obey orders ; and it is necessarily incident to his calling that he should do so . a member of parliament is originally to be tender of his own liberty , that other men may the better trust him with theirs . an officer is to enable himself by his courage , improved by skill and experience , to support the laws ( if invaded ) when they are made ; but he is not supposed to be at leisure enough to understand how they should be made . a member of parliament is to fill his thoughts with what may best conduce to the civil administration ; which is enough to take up the whole man , let him be never so much raised above the ordinary level . these two opposite qualifications , being placed in one man , make him such an ambiguous divided creature , that he doth not know how to move . it is best to keep men within their proper sphere ; few men have understanding enough exactly to fill even one narrow circle , fewer are able to fill two ; especially when they are both of so great compass , and that they are so contrary in their own natures . the wages he hath as a member , and those he receiveth as an officer , are paid for services that are very differing ; and in the doubt which of them should be preferrably performed , it is likely the greater salary may direct him , without the further inducements of complying most , where he may expect most advantage by it . in short , if his dependance is not very great , it will make him a scurvy officer ; if it is great , it will make him a scurvier member . xviii . men under the scandal of being thought private pensioners , are too fair a mark to escape being consider'd , in reference to the point in question . in case of plain evidence , it is not to be suppos'd possible , that men convicted of such a crime should ever again be elected . the difficulty is in determining what is to be done in case of suspicion . there are suspicions so well grounded , that they may pretend to have the force of proofs , provided the penalty goeth only to the forbearing to trust , but not extending it so far as to punish . there must be some things plain and express to justify the latter , but circumstances may be sufficient for the former : as where men have had such sudden cures of their ill humours , and opposition to the court , that it is out of the way of ordinary methods of recovery from such distempers , which have a much slower progress ; it must naturally be imputed to some specifick that maketh such a quick alteration of the whole mass of blood. where men have raised their way of living , without any visible means to support them in it , a suspicion is justified , even by the example of the law , which in cases of this kind , though of an inferior nature , doth upon this foundation not only raise inferences , but inflict punishments . where men are immoral , and scandalous in their lives , and dispense familiarly with the rules by which the world is govern'd , for the better preserving the bonds of human society ; it must be a confidence very ill placed , to conclude it impossible for such men to yield to a temptation well offer'd and pursu'd ; when , the truth is the habit of such bons vivants , which is the fashionable word , maketh a suspicion so likely , that it is very hard not to believe it to be true . if there should be nothing but the general report , even that is not to be neglected . common fame is the only lyar that deserveth to have some respect still reserv'd to it ; tho she telleth many an untruth , she often hits right , and most especially when she speaketh ill of men . her credit hath sometimes been carried too far , when it hath gone to the divesting men of any thing of which they were possess'd , without more express evidence to justify such a proceeding . if there was a doubt whether there ever was any corruption of this kind it would alter the question ; but sure that will not bear the being controverted . we are told ; that charles the fifth sent over into england crowns to be distributed amongst the leading men , to encourage them to carry on elections . here was the protestant religion to be bought out for a valuable consideration according to law , though not according to gospel , which exalteth it above any price that can be set upon it . now , except we had reason to believe that the vertue of the world is improv'd since that time , we can as little doubt that such temptations may be offered , as that they may be receiv'd . it will be owed , that there is to be a great tenderness in suspecting ; but it must be allow'd at the same time , that there ought not to be lest in trusting , where the people are so much concern'd ; especially , when the penalty upon the party suspected goeth no further than a suspension of that confidence , which it is necessary to have in those who are to represent the nation in parliament . i cannot omit the giving a caution against admitting men to be chosen , who have places of any value . there needeth the less to be said upon this article , the truth of the proposition being supported by such plain argumen●s . sure no man hath such a plentiful spring of thought , as that all that floweth from it is too much to be appled to the business of parliament . it is not less sure , that a member of parliament , of all others , ought not to be exempted from the rule , that no man should serve two masters . it doth so split a man's thoughts , that no man can know how to make a fitting distribution of them to two such differing capacities . it exposeth men to be suspected , and tempted , more than is convenient for the publick service , or for the mutual good opinion of one another , which their ought to be in such an assembly . it either giveth a real dependance upon the government , which is inconsistent with the necessity there is , that a member of parliament should be disengaged , or at least it hath the appearance of it , which maketh them not look like freemen , though they should have virtue enough to be be so . more reasons would lessen the weight of this last , which is , that a bill to this effect , commonly called the self-denying bill , pass'd even this last house of commons . a greater demonstration of the irresistible strength of truth cannot possibly be given ; so that a copy of that bill in every county or burrough , would hardly fail of discouraging such pretenders from standing , or at least it would prevent their success if their own modesty should not restrain them from attempting it . xx. if distinctions may be made upon upon particular men , or remarks fix'd upon their votes in parliament , they must be allow'd in relation to those gentlemen , who for reasons best known to themselves thought fit to be against the triennial bill . the liberty of opinion is the thing in the world that ought least to be controll'd , and especially in parliament . but as that is an undoubted assertion , it is not less so , that when men sin against their own light , give a vote against their own thought , they must not plead privilege of parliament against the being arraigned for it by others , after they are convicted of it by themselves . there cannot be a man ▪ who in his definition of a house of commons , will state it to be an assembly , that for the better redressing of grievances the people feel , and for the better furnishing such supplies as they can bear , is to continue , if the king so pleaseth , for his whole reign . this could be as little intended , as to throw all into one hand , and to renounce the claim to any liberty , but so much as the sovereign authority would allow . it destroyeth the end of parliaments , it maketh use of the letter of the law to extinguish the life of it . it is , in truth , some kind of disparagement to so plain a thing , that so much has been said and written upon it ; and one may say , it is such an affront to these gentlemens understandings to censure this vote only as a mistake , that , as the age goeth , it is less discredit to them to call it by its right name ; and if that is rightly understood by those who are to chuse them , i suppose they will let them exercise their liberty of conscience at home , and not make men their trustees , who in this solemn instance have such an unwillingness to surrender . it must be own'd , that this bill hath met with very hard fortune , and yet that doth not in the least diminish the value of it . it had in it such a root of life , that it might be said , it was not dead but sleeped ; and we see that the last session , it was revived and animated by the royal assent , when once fully inform'd of the consequences , as well as of the justice of it . in the mean time , after having told my opinion , who ought not to be chosen : if i should be ask'd , who ought to be , my answer must be , chuse englishmen ; and when i have said that , to deal honestly , i will not undertake that they are easy to be found . a rough draught of a new model at sea , . london : printed in the year . a rough draught of a new model at sea , . i will make no other introduction to the following discourse , than that as the importance of our being strong at sea , was ever very great , so in our present circumstances it is grown to be much greater ; because , as formerly our force of shipping contributed greatly to our trade and safety . so , now it is become indispensibly necessary to our very being . it may be said now to england , martha , martha , thou art busy about many things , but one thing is necessary to the question , what shall we do to be saved in this world ? there is no other answer but this , look to your moate . the first article of an english-mans political creed must be , that he believeth in the sea , &c. without that there needed no general council to pronounce him capable of salvation here . we are in an island confin'd to it by god almighty , not as a penalty but a grace , and one of the greatest that can be given to mankind . happy confinement that has made us free , rich , and quiet ; a fair portion in this world , and very well worth the preserving , a figure that ever hath been envied , and could never be imitated by our neighbours . our situation hath made greatness abroad by land conquests unnatural things to us . it is true , we made excursions , and glorious ones too , which make our names great in history , but they did not last . admit the english to be giants in courage , yet they must not hope to succeed in making war against heaven , which seemeth to have enjoyned them to acquiesce in being happy within their own circle . it is no paradox to say , that england hath its root in the sea , and a deep one too , from whence it sendeth its branches into both the indies . we may say further in our present case , that if allegiance is due to protection , ours to the sea is due from that rule , since by that , and by that alone , we are to be protected ; and if we have of late suffered usurpation of other methods , contrary to the homage we owe to that which must preserve us . it is time now to restore the sea to its right ; and as there is no repentance effectual without amendment , so there is not a moment to be lost in their going about it . it is not pretended to launch into such a voluminous treatise , as to set down every thing to which so comprehensive a subject might lead me ; for as the sea hath little less variety in it than the land ; so the naval force of england extendeth it self into a great many branches , each of which are important enough to require a discourse apart , and peculiarly applied to it : but there must be preference to some consideration above others , when the weight of them is so visibly superior that it cannot be contested . it is there , first , that the foundations are to be laid of our naval oeconomy ; amongst these , there is one article which in its own nature must be allowed to be the corner-stone of the building . the choice of officers , with the discipline and encouragement belonging to them . upon this head only , i shall then take the liberty to venture my opinion into the world , with a real submission to those , who may offer any think better for the advantage of the publick . the first question then will be , out of what sort of men the officers of the fleet are to be chosen ; and this immediately leadeth us to the present controversy between the gentlemen and the tarpaulins . the usual objection on both sides are too general to be relied upon . partiality and common prejudices direct most mens opinions , without entring into the particular reasons which ought to be the ground of it . there is so much ease in aquiescing in generals , that the ignorance of those who cannot distinguish , and the largeness of those who will not , maketh men very apt to decline the trouble of stricter enquiries , which they think too great a price for being in the right , let it be never so valuable . this maketh them judge in the lump , and either let their opinions swim along with the stream of the world , or give them up wholly to be directed by success . the effect of this is , that they change their minds upon every present uneasiness , wanting a steady foundation upon which their judgment should be formed . this is a pearching upon the twigs of things , and not going to the root . but sure the matter in question deserveth to be examined in another manner , since so much dependeth upon it . to state the thing impartially , it must be owned that it seemeth to lye fairest for the tarpaulin : it giveth an impression that must have so much weight as to make a man's opinion lean very much on that side , it carrieth so much authority with it , it seemeth to be so unquestionable , that those are fittest to command at sea , who have not only made it their calling , but their element ; that there must naturally be a prejudice to any thing then can be said against it . there must therefore be some reason extraordinary to support the argument on the other side , or else the gentlemen could never enter the lists against such a violent objection , which seemeth not to be resisted . i will introduce my argument with an assertion , which as i take to be true almost in all cases , so it is necessary to be explained and inforced in this . the assertion is , that there is hardly a single proposition to be made , which is not deceitful , and the tying our reason too close to it , may in many cases be destructive . circumstances must come in , and are to be made a part of the matter of which we are to judge ; positive decisions are always dangerous , more especially in politicks . a man , who will be master of an argument , must do like a skilful general , who sendeth scouts on all sides , to see whether there may not be an enemy . so he must look round to see what objections can be made , and not go on in a streight line , which in the ready way to lead him into a mistake . before then , that we conclude what sort of men are fittest to command at sea , a principle is to be laid down , that there is a differing consideration to be had of such a subject-matter , as is in it self distinct and independent , and of such a one as being a limb of a body , or a wheel of a frame , there is a necessity of suiting it to the rest , and preserving the harmony of the whole . a man must not in that case restrain himself to the seperate consideration of that single part , but must take care it may fall in and agree with the shape of the whole creature , of which it is a member . according to this proposition , which i take to be indisputable , it will not i hope appear an affectation , or an extravagant fit of unseasonable politicks , if , before i enter into the particular state of the present question , i say something of the government of england , and make that the ground-work of what sort of men are most proper to be made use of to command at sea. the forms of government to which england must be subjected , are either absolute monarchy , a commonwealth , or a mixt monarchy , as it is now ; with those natural alterations that the exegency of affairs may from time to time suggest . as to absolute monarchy i will not allow my self to be transported into such invectives , as are generally made . against it ; neither am i ready to enter into the aggrevating stile of calling every thing slavery , that restraineth men in any part of their freedom : one may discern in this , as in most other things , the good and bad of it . we see by too near an istance , what fra●●e doth by it ; it doth not only struggle with the rest of christendom ; but is in a fair way of giving law to it . this is owing in great measure to a despotick and undivided power ; the uncontroulable authority of the directive councils maketh every thing move without disorder or opposition , which must give an advantage , that is plain enough of it self , without being proved by the melancholly experience we have of it at this time . i see and admire this ; yet i consider at the same time , that all things of this kind are comparative : that as on one side , without government men cannot enjoy what belongeth to them in particular , nor can a nation be secure , or preserve it self in general : so on the other side , the end of government being , that mankind should live in some competent state of freedom , it is very unnatural to have the end destroyed by the means that were originally made use of to attain it . in this respect something is to be ventured , rather than submit to such a precarious state of life , as would make it a burthen to a reasonable creature ; and therefore , after i have owned the advantages in some kind of an unlimitted government ; yet , while they are attended with so many other discouraging circumstances , i cannot think but that they may be bought too dear ; and if it should be so , that it is not possible for a state to be great and glorious , unless the subjects are wretchedly miserable . i am ashamed to own my low-spirited frailty in preferring such a model of government , as may agree with the reasonable enjoyment of a free people , before such a one , by which empire is to be extended at such an unnatural price . besides whatever mens opinions may be one way or another , in the general question , there is an argument in our case that shutteth the door to any answer to it . ( viz. ) we cannot subsist under a despotick power , our very being would be destroyed by it ; for we are to consider , we are a very little spot in the map of the world , and make a great figure only by trade , which is the creature of liberty ; one destroyed , the other falleth to the ground by a natural consequence , that will not admit a dispute . if we would be measured by our acres , we are poor inconsiderable people ; we are exalted above our natural bounds , by our good laws , and our excellent constitution . by this we are not only happy at home , but considerable abroad . our situation , our humour , our trade , do all concur to strengthen this argument . so that all other reasons must give place to such a one as maketh it out , that there is no mean between a free nation and no nation . we are no more a people , nor england can no longer keep its name from the moment that our liberties are extinguish'd ; the vital strength that should support us being withdrawn , we should then be no more than the carcass of a nation , with no other security than that of contempt ; and to subsist upon no other tenure , than that we should be below the giving temptation to our stronger neighbours to devour us . in my judgment , therefore , there is such a. short decision to be made upon this subject , that in relation to england , an absolute monarchy is as an unreasonable thing to be wished , as i hope it will be impossible to be obtained . it must be considered in the next place , whether england likely is to be turn'd into a commonwealth . it is hard at any time to determine what will be the shape of the next revolution , much more at this time would it be inexcusably arrogant to undertake it . who can foresee whether it will be from without , or from within , or from both ? whether with or without the concurrence of the people ? whether regularly produced , or violently imposed ? i shall not therefore magisterially declare it impossible that a commonwealth should be settled here ; but i may give my humble opinion , that according to all appearances , it is very improbable . i will first lay it down for a principle , that it is not a sound way of arguing , to say , that if it can be made out , that the form of a commonwealth will best suit with the interest of the nation , it must for that reason of necessity prevail . i will not deny but that interest will not lie , is a right maxim , where-ever it is sure to be understood ; else one had as good affirm , that no man in particular , nor mankind in general , can ever be mistaken . a nation is a great while before they can see , and generally they must feel first before their sight is quite cleared . this maketh it so long before they can see their interest ; that for the most part it is too late for them to pursue it : if men must be supposed always to follow their true interest , it must be meant of a new manufactory of mankind by god almighty ; there must be some new clay , the old stuff never yet made any such infallible creature . this being premis'd , it is to be inquired , whether instead of inclination , or a leaning towards a commonwealth , there is not in england a general dislike to it ; if this be so as i take it to be , by a very great disparity in numbers ; it will be in vain to dispute the reason , whilst humour is against it , allowing the weight that is due to the argument , which may be alledged for it ; yet , if the herd is against it , the going about to convince them , would have no other effect than to shew that nothing can be more impertinent than good reasons , when they are misplaced or ill-timed . i must observe , that there must be some previous dispositions in all great changes to facilitate and to make way for them : i think it not at all absur'd , i affirm that such resolutions are seldem made at all , except by the general preparations of mens minds they are half made before , and it is plainly visible , that men go about them . though it seemeth to me that the argument alone maketh all others unnecessary , yet i must take notice that ▪ besides what hath been said upon this subject , there are certain preliminaries to the first building a commonwealth . some materials absolutely necessary for the carrying on such a fabick , which at present are wanting amongst us , i mean virtue , morality , diligence , or at least hypocrisy . now this age is so plain dealing , as not to dissemble so far as to an outward ▪ pretence of qualities which seem at present so vnfashionable , and under so much discountenance . from hence we may draw a plain and natural inference , that a commonwealth is not fit for us , because we are not fit for a commonwealth . this being granted , the supposition of this form of government of england , with all its consequences as to the present question , must be excluded ; and absolute monarchy having been so too by the reasons at once alledged , it will without further examination fall to a mixt government , as we now are . i will not say , that there is never to be any alteration ; the constitution of the several parts that concur to make up the frame of the present government , may be altered in many things , in some for the better , and in others , perhaps for the worse , according as circumstances shall arise to induce a change ; and as passion and interest shall have more or less influence upon the publick councils ; but still , if it remaineth in the whole so far a a mixt monarchy , that there shall be a restraint upon the prince , as to the exercise of a despotick power , it is enough to make it a groundwork for the present question . it appeareth then that a bounded monarchy is that kind of government which will most probably prevail and continue in england ; from whence it must follow ( as hath been hinted before ) that every considerable part ought to be so composed , as the better to conduce to the preserving the harmony of the whole constitution . the navy is of so great importance , that it would be disparaged by calling it less than the life and soul of government . therefore to apply the argument to the subject we are upon ; in case the officers be all tarpaulins , it would be in reality too great a tendency to a common-wealth ; such a part of the constitution being democratically disposed may be suspected to endeavour to bring it into that shape ; where the influence must be so strong , and the supposition will be the more justifiable . in short , if the maritim force , which is the only thing that can defend us , should be wholly directed by the lower sort of men , with an intire exclusion of the nobility and gentry ; it will not be easy to answer the arguments supported by so great a probability , that such a scheme would not only lean toward a domocracy , but directly lead us into it . let us now examine the contrary proposition , ( viz. ) that all officers should be gentlemen . here the objection lierh so fair of its introducing an arbitrary government , that it as little to be answered in that respect , as the former is in the other . gentlemen in a general definition , will be suspected to lie more than other men , under the temptations of being made instruments of unlimitted power ; their relations , their way of living , their tast of the entertainments of the court , inspire an ambition that generally draweth their inclinations toward it , besides the gratifying of their interests . men of quality are often taken with the ornaments of government , the splendor dazleth them so , as that their judgments are surprized by it ; and there will be always some that have so little remorse for invading other mens liberties , that it maketh them less solicitous to preserve their own . these things throw them naturally into such a dependance as might give a dangerous biass ; if they alone were in command at sea , it would make that great wheel turn by an irregular motion , and instead of being the chief means of preserving the whole frame , might come to be the chief instruments to discompose and dissolve it . the two further exclusive propositions being necessarily to be excluded in this question , there remaineth no other expedient ; neither can any other conclusion be drawn from the argument as it hath been stated , than that there must be a mixture in the navy of gentlemen and tarpaulins , as there is in the constition of the government , of power and liberty . this mixture is not to be so rigorously defined , as to set down the exact proportion there is to be of each ; the greater or lesser number must be directed by circumstances , of which the government is to judge , and which makes it improper to set such rounds , as that upon no occasion it shall on either side be lessened or enlarged . it is possible the men of wapping may think they are injured , by giving them any partners in the dominion of the sea ; they may take it unkindly to be jostled in their own element by men of such a different education , that they may be said to be of another species ; they will be apt to think it an usurpation upon them , and notwithstanding the instances that are against them , and which give a kind of prescription on the other side , they will not easily acquiesce in what they conceive to be a hardship to them . but i shall in a good measure reconcile my self to them by what follows ; ( viz. ) the gentlemen shall not be capable of bearing office at sea , except they be tarpaulins to ; that is to say , except they are so trained up by a continued habit of living at sea , that they may have a right to be admitted free denizens of wapping upon this dependeth the whole matter ; and indeed here lieth the difficulty , because the gentlemen brought up under the connivance of a looser discipline , and of an easier admittance , will take it heavily to be reduced within the fetters of such a new model ; and i conclude , they will be extreamly averse to that which they call an unreasonable yoke upon them , that their original consent is never to be expected . but if it appeareth to be convenient , and which is more , that it is necessary for the preservation of the whole , that it should be so ; the government must be call'd in aid to suppress these first boilings of discontent ; the rules must be imposed with such authority , and the execution of them must be so well supported , that by degrees their impatience will be subdued , and they will concu● in an establishment to which they will every day be more reconciled . they will find it will take away the objections which are now thrown upon them , of setting up for masters , without having even been apprentices ; or at least , without having served out their time. mankind naturally swelleth against favour and partiality ; their belief of their own merit maketh men object them to a prosperous competitor , even when there is no pretence for it ; but when there is the least handle offered , to be sure it will be taken . so , in this case , when a gentleman is preferr'd at sea , the tarpaulin is very apt to impute it to friend or favour : but if that gentleman hath before his preferment passed through all the steps which lead to it , that he smelleth as much of pitch and tar , as those that were swadled in sail-cloath ; his having an escutcheon will be so far from doing him harm , that it will set him upon the advantage ground : it will draw a real respect to his quality when so supported , and give him an influence , and and authority infinitely superior to that which the meer sea men can ever pretend to . when a gentleman hath learned how to obey , he will grow very much fitter to command ; his own memory will advise him not to inflict too rigorous punishments . he will better resist the temptations of authority ( which are great ) when he reflecteth how much he hath at other times wished it might be gently exercised , when he was liable to the rigour of it . when the undistinguish'd discipline of a ship hath tamed the young mastership , which is apt to arise from a gentleman's , birth and education . he then groweth proud in the right place , and valueth himself first upon knowing his duty , and then upon doing it . in plain english , men of quality in their several degrees must either restore themselves to a better opinion , both for morality and diligence , or else quality it self will be in danger of being extinguished . the original gentleman is almost lost in strictness , when posterity doth not still further adorn by their virtue . the escutcheon their ancestors first got for them by their merit , they deserve the penalty of being deprived of it . to expect that quality alone should waft men up into places and imployments , is as unreasonable , as to think that a ship , because it is carved and gilded , should be fit to go to sea without sails or tackling . but when a gentleman maketh no other use of his quality , than to incite him the more to his duty , it will give such a true and settled superiority , as must destroy all competition from those that are below him . it is time now to go to the probationary qualifications of an officer at sea : and i have some to offer , which i have digested in my thoughts , i hope impartially , that they may not be speculative notions , but things easy and practicable , if the directing powers will give due countenance and incouragement to the execution of them : but whilst i am going about to set them down , though this little essay was made to no other end , than to introduce them , i am upon better recollection , induced to put a restraint upon my self , and rather retract the promise i made at the beginning , than by advising the particular methods , by which i conceive the good end that is aimed at may be obtained , to incur the imputation of the thing of the world , of which i would least be guilty , which is of anticipating , by my private opinion , the judgment of the parliament , or seeming out of my slender stock of reason to dictate to the supream wisdom of the nation . they will , no doubt , consider the present establishments for discipline at sea , which are many of them very good , and if well executed , might go a great way in the present question . but i will not say they are so perfect , but that other may be added to make them more effectual , and that some more supplemental expedients may be necessary to compleat what is yet defective : and whenever the parliament shall think fit to take this matter into their consideration , i am sure they will not want for their direction , the auxiliary reasons of any man without doors , muchless of one , whose thoughts are so intirely and unaffectedly resigned to whatever they shall determine in this , or any thing else relating to the publick . maxims of state . by a late person of honour . london : printed in the year . maxlms of state . . that a prince who falleth out with laws , breaketh with his best friends . . that the exalting his own authority above his laws , is like letting in his enemy to surprize his guards : the laws are the only guards he can be sure will never run away from him . . a prince that will say he can do no good , except he may do every thing ; teacheth the people to say , they are slaves , if they must not do whatever they have a mind to . . that power and liberty are like heat and moisture ; where they are well mixt ▪ every thing prospers ; where the are single , they are destructive . . that arbitrary power is like most other things , that are very hard , they are also very apt to break . . that the profit of places should be measured as they are more or less conducing to the publick service ; and if business is more necessary than splendor , the , instrument of it ought in proportion to be better paid ; that the contrary method is as impertinent , as it would be to let the. carving of a ship cost more than all the rest of it . . that where the least useful part of the people have the most credit with the prince , men will conclude , that the way to get every thing , is to be good for nothing . . that an extravagant gift to one man , raiseth the market to every body else ; so that in consequence , the unlimitted bounty of an unthinking prince maketh him a beggar , let him have never so much money . . that if ordinary beggars are whip'd , the daily beggars in fine cloaths ( out of a proportionable respect to their quality ) ought to be hanged . . that pride is as loud a beggar as want , and a great deal more sawcy . . that a prince , who will give more to importunity than merit , had as good set out a proclamation to all his loving subjects , forbidding them to do well , upon the penalty of being undone by it . . that a wise prince will not oblige his courtiers , who are birds of prey , so as to disoblige his people , who are beast of burthen . . that it is safer for a prince to judge of men by what they do to one another , than that they do to him . . that it is a gross mistake to think , that a knave between man and man , can be honest to a king , whom of all other men generally they make the least scruple to deceive . . that a prince who can ever trust the man that hath once deceived him , loseth the right of being faithfully dealt with by any other person . . that it is not possible for a prince to find out such an honest knave , as will let no body else cheat him . . that if a prince does not shew an aversion to knaves , there will be an inference that will be very natural , let it be never so unmannerly . . that a prince who followeth his own opinion to soon , is in danger of repenting it too late . . that it is less dangerous for a prince to mind too much what the people say , than too little . . that a prince is to take care that the greater part of the people may not be angry at the same time ; for though the first beginning of their ill humour should be against one another , yet if not stopt , it will naturally end in anger against him . . that if princes would reflect how much they are in the power of their ministers , they would be more circumspect in the choice of them . . that a wise prince will support good servants against mens anger , and not support ill ones against their complaint . . that parties in a state generally , like freebooters , hang out false colours ; the pretence is the publick good ; the real business is , to catch prizes ; like the tartars , where-ever they succeed , instead of improving their victory , they presently fall upon the baggage . . that a prince may play so long between two parties , that they may in time join together , and be in earnest with him . . that there is more dignity in open violence , than in the unskilful cunning of a prince , who goeth about to impose upon the people . . that the people will ever suspect the remedies for the diseases of the state , where they are wholly excluded from seeing how they are prepared . . that changing hands without changing measures , is as if a drunkard in a dropsey should change his doctors , and not his dyet . . that a prince is to watch that his reason may not be so subdued by his nature , as not to be so much a man of peace , as to be just in an army ; nor so much a man of war , as to be out of his element in his counsel . . that a man who cannot mind his own business , is not to be trusted with the king 's . . that quality alone should only serve to make a shew in the embroidered part of the government ; but that ignorance , though never so well born , should never be admitted to spoil the publick business . . that he who thinks his place below him , will certainly be below his place . . that when princes examples ceaseth to have the force of a law , it is a sure sign that his power is wasting , and that there is but little distance between men's neglecting to imitate , and their refusing 〈◊〉 obey . . that a people may let a king fall , yet still remain a people ; but if a king let his people slip from him ▪ he is no longer king. advertisement . since the death of the ingenious translator of these essays , an imperfect transcript of the following letter was intended for the press , but having the good fortune to meet with a more correct copy , i thought my self under a necessity of publishing it with this third edition , not only to do justice to his memory , but to the great person he chose for his patron . m. g. a letter sent by his lordship to charles cotton , esq upon his new translation and dedication of montaigne's essays . sir . i have too long delay'd my thanks to you for giving me such an obliging evidence of your remembrance : that alone would have been a welcome present , but when join'd with the book in the world i am the best entertain'd with , it raiseth a strong desire in me to be better known , where i am sure to be so much pleased . i have till now thought wit could not be translated , and do still retain so much of that opinion , that i believe it impossible , except by one whose genius cometh up to that of the author . you have so kept the original strength of his thought , that it almost tempts a man to believe the transmigration of souls , and that his being us'd to hills , is come into the moore-lands to reward us here in england , for doing him more right than his country will afford him . he hath by your means mended his first edition : to transplant and make him ours , is not only a valuable acquisition to us , but a just censure of the critical impertinence of those french scribblers who have taken pains to make little cavils and exceptions , to lessen the reputation of this great man , whom nature hath made too big to confine himself to the exactness of a studied stile . he let his mind have its full flight , and sheweth by a generous kind of negligence that he did not write for praise , but to give to the world a true picture of himself and of mankind . he scorned affected periods , or to please the mistaken reader with an empty chime of words . he hath no affectation to set himself out , and dependeth wholly upon the natural force of what is his own , and the excellent application of what he borroweth . you see , sir , i have kindness enough for monsieur de montaigne to be your rival , but no body can pretend to be in equal competition with you : i do willingly yield which is no small matter for a man to do to a more prosperous lover ; and if you will repay this piece of justice with another , pray believe , that he who can translate such an author without doing him wrong must not only make me glad but proud of being his very humble servant , halli●ax . finis . notes, typically marginal, from the original text notes for div a -e his advice to a daughter . westminster-school . dr. busby , who the same same day . his free-school foundations . an humble representation from his excellencie sir thomas fairfax, and the councel of the armie concerning their past endeavours, and now finall desires for the puting of the souldiery into constant pay : for the immediate disburthening the kingdom of free quarter, the prevention of any further encrease of arrears, and in order to the better disbanding of supernumeraries, and other things concerning the souldiery : humbly presented to the right honourable the houses of parliament / by colonell sir hardresse waller, and colonell whaley, decemb. , . england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an humble representation from his excellencie sir thomas fairfax, and the councel of the armie concerning their past endeavours, and now finall desires for the puting of the souldiery into constant pay : for the immediate disburthening the kingdom of free quarter, the prevention of any further encrease of arrears, and in order to the better disbanding of supernumeraries, and other things concerning the souldiery : humbly presented to the right honourable the houses of parliament / by colonell sir hardresse waller, and colonell whaley, decemb. , . england and wales. army. fairfax, thomas fairfax, baron, - . [ ], p. printed by john clowes for george whittington ..., london : . "by the appointment of his excellency, sir thomas fairfax, and the councell of the army. signed john rushworth, secretary." reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -- army. great britain -- history -- civil war, - . a r (wing f ). civilwar no an humble representation from his excellencie sir thomas fairfax, and the councel of the armie; concerning their past endeavours, and now fi england and wales. army. council f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an humble representation from his excellencie sir thomas fairfax , and the councel of the armie ; concerning their past endeavours , and now small desires for the puting of the souldiery into constant pay . for the immediate disburthening the kingdom of free quarter , the preven●ion of any further encrease of arrears , and in order to the better disbanding of supernumeraries , and other things concerning the souldiery . humbly presented to the right honourable the houses of parliament , by colonell sir hardresse wa●…er , and colonell whaley , decemb. . . by the appointment of his excellencie sir thomas fairfax , and the councell of the army . signed jo ▪ r●shworth , secr. decemb. . imprimatur gilbert mabbott . printed at london by john clowes , for george whit●…ng●on , at the blue anchor in cornhill near the royall exchange , . an humble representatjon from his excellency , sir thomas fairfax , and the councell of the army . since , by the blessing of god , the speakers and members of both houses ( that had been driven away ) were without blood restored , and have been ever since secured to sit and attend their duty in parliament , with what patience god hath given us to wait for the resolutions of those things we have insi●ted on or offered , tending to the future security of the parliament , the j●st satisfaction of the souldiery , and the ●ase and settlement of the kingdom , we need not use many words to set forth ; the expence of above . moneths time , in quiet expectation thereof , with so little satisfaction does sufficiently speak . as to what fruit we have found , in any thing done to any of those ends , we are sorry we can s●y so li●tle thereof , or that we have occasion to say so muc● to the de●a●e● , neglects , and obstructions ▪ thereof , as ●ow we are constrain●d to doe , but what ever those d●layes or negl●cts have been , o● where-ever the fault ha●h been , w● are sure the bla●e th●reof hath been laid upon us , almost ●n all han●s , and this is the ▪ fruit we have found from the hands of men , of all our patient waiting hitherto . it is not unk●own what reproaches and scan●all , in this ki●d have been cast upon us , and what use and advantage hath been ma●e of those delayes , thereby to work up●n the impatience of the souldiers , and countr●● , to ince●●e 〈◊〉 ●ountrey against the a●my , an● bo●h the cou●trey and army against us , as if it had been our fau●t ●●a●on , that no more was do●e . and to what an height of scand●ll a●d discontent against us , the pretence hereof was driven , 〈…〉 hav● been thereupon , to withd●aw th● 〈…〉 ( as having betrayed or failed and neglect●d both theirs and t●e kingdomes interest ) to divide and distemper the a●my , and to enga●e both the souldiery and many other well affected people ( under the same notion and pretence ) in way●s of dist●actio● and confusion , and ( as we accompt●d the● ) o● most i●minent dangers , both to the parliament , city , and kingdom , we need not now spend time to express● ; we b●li●ve a●l tha● wisht w●ll ●o the publike were so deeply sensible thereof , as they cannot so suddenly forget it , and others ( w●o had any thing to lose or haz●d ) though perhaps so farre as they had hop●s , the army might that way have destroyed it selfe , they might have some secret rejoycing at it , and may now be sory the business● is so well over without that offer , yea , so ●arre a● they considered t●e bottomlesse depth and endlesse danger of it , they could not but b● aff●cted with it , so as we need n●t mention i● save to mind men of what danger and mischief god hath therein d●livered them from , and whence the greatest a●vantage to the rise and growth of it , was ( even from delayes and flow proceedings in those things which the long expectations of the souldiery and kingdom have been set upon , and to obs●rve how apt both the souldiery and people through tedious delayes in such cases , are to hearken to any party , and try any new way propos●d ( under the notion of more speedy and eff●ctuall , though perhaps so farre from reall remedy as that ●● indeed endangers the utter lesse of their end , with ruine and distruction ●o both . to pr●vent the p●ogresse of this growing danger to all ; we have lately exposed our selves to the utmost h●zard , and being act●d therein from some ●●arre●●●n●●● confer●nces , that the fault of those delayes lay not upon us [ as wa● s●an alous● suggested ] and a co●● ; i●nce in god 〈◊〉 would appear , to vindicate ●hat m●asure of 〈◊〉 and integri●y , he had given us i● the thing , though with ma●y fail●●●s and miscarriag●s on our part , we were led forth by him , wi●ho●● any artifice , whereby to vindicate or ex●use our selves , nakedly to cast our selves , and the businesse upon him , and to his praise w● must speake i● , he hath appeared in an answerab●e 〈◊〉 ; wher●of the parliament a●d kingdom ●ath had an accompt , and wherein they may se● , and we wish they may with us ●ake notice and be mindfull of , the mercy and goodnesse of god in our deliverance more added to all the rest , and therein the army , which in casting of all b●nds of order and government , was like to have been let loose to be a plague and bane both to the kingdom and it selfe , once more reduced unto that temper and discipline which may render it , through and under god , a further security and stay to the kingdom , and in due time bring it to a quiet disbanding , when just satisfaction , with set●lement and safety , shall a●mit . but [ as hath in part been done already ] we must again mind the parliament upon what tearmes this hath been wrought , the generall [ as we all wit● and under him ] stands engaged to the army , for the lawfull prosecution of the souldiers concernments and some generall fundamentall things for the kingdoms and ( in confidence of the parliament good accep●ance of the service thereby done , and of there reall intention and promised effectuall resolution , to give satisfaction in those things ) hath in a manner undertaken for the parliament therein . we wish we may see a cause to acknowledge a just sence of his excelencie ; good affection , & service in that busines , or at least of their owne engagement , or the kingdoms concernment therein , and that we had not cause to apprehend either a strange neglect thereof growing upon many , or rather ( in some ) the sad symptomes of an evill eye , at the service it self , as if they did regret the happy composure of those distractions begun in the army and the reuniting of it , or did grudge the good hand of god towards it , and the kingdom therein , that in mercy would not suffer it to run on in these distractions to its own ruine and the kingdoms . for though it be most evident that had god given up the army to cast off the reins of government and order , and to go on in those distracting and confounding wayes , ( which it was endeavoured to be drawn into ) both it and other forces of the kingdom , were like ere this time to have been engaged in blood , one against another , or else united onely in some desperate course of rending and tearing out the bowels and vitals of the kingdom , and plucking up or endangering all foundations of order , peace and government therein ( yea and of all right and property too ) yet the envy and malignity of some mens spirits against this army , and against the interests of good men therein , seems to be such , as if they had rather have seen it so , then that this army should again be an united piece ; and we clearly apprehend the same principles ( that swaid heretofore ) none again prevailing , as if there were no good so desirable or evill so formidable ; which the breaking of this army ( with as much ignominy , and confusion as may be ) would not , in their accompt , countervail ; and if such an envious and evill spirit be indeed lodged and working in the hearts of any , we desire god in mercy to convince them of it , least he confound them for it . for our parts having the witnesse of god in our consciences that though we are not without weak and frail workings of our fleshly hearts in all our ways ( yet for the main ) we have in all our engagements , from the beginning of the warre , had the work of god and the kingdom in our eye , and not our own , and that since the army ( by the oppressive provoking and spitefull proceedings of men acted by the aforesaid envious principles against it ) was raised into such resolutions , and driven into such a posture as put it past the power of the officer to bring it to a quiet disba●ding , without further satisfaction and security ; it hath been our main end in continuing with it and almost our whole work , to keep it within compasse and moderation , to withhold it f●om extremities of all sorts , and from that mischief to the kingdom or itself , which our withdrawi●g and taking off our hands from the gover●ment of it , would have let it loose unto , to make use of it and of the provide●ce that brought it to that passe ( if possible ) to some good issue for the just liberty , safety and set●lement of the kingdom , and bring the army to some bottom of seasonable satisfaction wherein it might acqu●esce , and at last come to a quiet disbanding ; and ( in ●ransact●on of all this ) with all tendernesse and patience to preserve [ if possible ] the authority and peace of the kingdom , and prevent new broyls , which severall parti●s and int●rests have been ●o apt unto . having , we say , the witnesse of these things within us , when , on the other side , we co●sider ●hat unworthy requitalls for all this we meet with from the hands of men , how we are loaded with reproaches for it , and ●●ndered the only disturbers of the k●ngdom , & the authors of its burthens , as if for private en●s or designes we kept up the army ) & how generally most men [ even of the parliament party , for whose preservation and for prevention of whose ruine amongst others , we have exposed our selves to all ●azards therin ) do either from dis●ff●ction or ●●sign to divide and break the army , with-hold ●r obst●●ct all supplies and satisfaction w●ich might keep it inord●● , uni●n or repu●e ; we confesse , when we 〈◊〉 these 〈◊〉 wee are ready to apprehend tha● god doth herein 〈◊〉 most justly to upbraid cu● ca●e an● 〈◊〉 , to ●●eserve a people given up ( as we begin to fear ) to their ●wn destruction , and which 〈◊〉 to chuse it rather , the●●ot to have their own facti●us i●terests or envy fulfilled , rather then to own their preservation , in the least degree , by th●se whom god hath app●ared willing to use for their preservation and deliveran●● . and rather then we would further incur the ●dium and scandall of being the only publike disturb●rs and oppressors ( so unworthily cast upon us meerly for our good-will , and endeavours to prevent greater mi●chiefs ) we are apt to c●use rather to withdraw f●ō our present station ( though wi●h hazard of our personall safeties , and the ●●●e not only of any imagined benefit of fu●ure empl●yment , but even our arreares , for what service we have done ) and so leaving all to what ever confusion god in ●is righteous judgment may see good to bring upon the na●ion , to cast our selves wholly upon him , to pr●s●rve a●d provide for us in the middest th●●eof , or if god in mercy 〈◊〉 better things to the kingdom , or hath found 〈◊〉 in us ( which wee con●●sse he may ) r●●d ring us unwor●hy to be any further instruments thereof , we should desir● , with meeknesse and rejoycing , to see any oth●r whom he finds , or the kingdom judgeth more wor●hy to take up our present charges : but fi●ding n●t as yet any s●c● c●●●r ●ischarge as would ( ●o our apprehensions ) fully acquit us before god or man , to leave the army or kingdom in their present condition , we shal , in discharge of our duty to the u●most , add this one assay more to bring both into a be●ter , if god in mercy see it good : we shall therefore once more begg the parliament timely to consider and provide effectually for these things exprest in the late remonstrance published at the severall randezvous of the army , vpon his excellencies continued conjunction , wherein the disconten●s in the army were quieted , the distractions composed , and the due order and discipline of it , recovered and submitted to . and amongst these things , since the greatest and most immediate and pressing evill to the souldiery is want of pay , and to the countrey , the disorders , exactions , and abuses of the souldiery with the burthen & annoyances free quarter ( thereby enforced ) and which ( if once provided for ) gives time of consideration for other things , we shal first apply to that either to obtaine , a present remedy , or at least , to acquit and discharge our selves in that point . of the many evills thereof both to the souldiery and country we have long beene sadly sensible , and many wayes and often expressed our sence thereof , but we have bin most troubled at it , since that necessity which heretofore inforced it , ( viz. the straitnes of the quarters the parliament had to raise money in ) was taken away , and all parts of the kingdome have beene cleared from any enemy , and free for the equall levying of money to supply the necessities of the whole ; and it seemes a matter of wonder to us , or an argument of great improvidence ( at best ) that since that time the souldiery ( though much lessened in number ) should be no better paid or provided for then before ; from the sence of these things we have made frequent addresses to the parliament , for a sufficient establishment and provision of pay for the army and other forces of the kingdome , untill they might ( with safety to the kingdome , and just satisfaction or security to themselves ( in point of arrears ▪ indemnity &c. ) be disbanded or otherwise imployed out of the kingdome , we have long waited with patience as aforesaid , for some fruit of our addresses , at least , in this point : but what through the difficulty or delay of getting things past in parliament to this purpose , or of putting in● execution those ordinances that have beene passed , and the neglect or slownesse of country committees , assessors , or collectors to do their duty therein , what through the malignancy of some who ( in designe to breake or distract the army as aforesaid ) for want of pay , and to disaffect the country thereto by necessitated free quarter ) doe industriously retard all supplyes of money , and what through the generall backwardnesse of all ( especially in the city of london , ) to part with it , we have yet found little fruit of all our addresses , and endeavours in this kind , there being not as yet an establishment of contribution , for pay of the souldiery , any whit neare proportionable to the numbers that are yet kept up , or any effectuall execution of the powers already given for raising of the taxes already charged upon the kingdome , so as we remaine yet , as farre as ever , from that supply of pay to the army , at other forces ; whereby either the burthen and grievances of free quarter can be taken off , or the necessity of the souldiery competently supplyed o● their discontents in any measure removed or disorder prevented , or good discipline preserved , and ( which is most sad ) in the garrisons of the kingdome ( and those of most importance ) where the souldiery have not , nor can well have that benefit of quarter for their subsistance ( as the army and field forces have yet ) they have very long beene without any supply of pay at all , so as divers poore souldiers in some of them have actually starved , and died for want , in attendance upon their duties , others forced by extremitie of want to quit their service , and the rest ready to ●terve or quit the garrisons to any that will possesse them ; and as it is most apparant , that the present proportion of tax ( if duly levied ) could not competently supply them , and others too ( in an equall distribution thereof , considering the number that are yet in being ) so the committees in many countries ( where such garrisons are , that have engaged with the army ) doe refuse to levie those small proportions of money , that have been assigned for the present reliefe to such garrisons , but are content to see the aforesaid miseries of the souldierie , and danger to the garrisons , rather then doe their parts , to give the least remedie to either , divers of them telling the souldiers plainly ( as wee are informed ) that if they had declared against the army , they should not have wanted , but having engaged with it , they must expect neither quarter nor pay , but what they get from the army . if we or this poore army have deserved such hatred and despite , ( especially from pretending friends to the parliament , and the kingdomes interest ) we would ●aine be plainly told and convinced wherein , otherwise wee cannot but account it most unchristian and inhumane dealing , and such as can have no better root , then most envious faction , void of all regard to publike interest ; and wee would have all such know , that if we had borne the same mind , or could have alowed our selves by power to pur●ue the ruine of adverse parties by indirect or unchristian wayes , or otherwise to set up a party of our owne and suppresse all others , or if wee had not ●ill ( according to our first principles ) loved much more the wayes of common right and freedome , and the proceeding in all such things by parliament in order thereunto , or if wee had not in the way of ordering our affaires since the armies ingagement , consulted mo●e the preserving of peace in the kingdome , and to prevent the rise of any new warre , then our owne advantage or security , wee could ( to speake as men with the power and advantages god hath put into our hands ) long ere this time ( as yet also wee might ) have put the army and all other forces engaged with it into such a posture , as to have assured themselves of pay whi●e continued ▪ and probably to have made our opposers in the kingdome and city too , willing to have followed us with offers of satisfaction , as to arreares , and other dues that concerne the sould●ery ; or wee could have told how to prosecute those advantages wee have had to the suppression , if not destruction of adverse parties and interests ▪ so as they should not ( probably ) have had those foundations or possibilities to grow up againe , to our further trouble or danger ( as now they seeme to have ; ) and all this with reason and justice enough too , but that wee have studied the preservation , and good of all , without ruine or destruction to any , as farre as wee could , and have ( through god ) been acted therein , in some measure , with that mildnesse , moderation , patience , and love that becomes the name of christ ; and wee are yet confident , wee shall at last loose nothing by it ; but ( to returne to our purpose , as to the inconveniences and dangers of a new provision for the souldery in point of pay , the parliament hath had sufficient cautions and warnings , especially in the late distra●tions ; and though , while the danger thereof continued visible , it was largely professed ( if that danger could be removed , and the army reduced into order and discipline ) we should have what provision wee would with reason in that point , and the same ( with much more ) upon the first hopes of overcomming that danger , was as largely promised ; yet now the danger is over ▪ wee see little better care of performance then before . but after many dayes since elapsed , and some spent in professed consideration of it , the whole care of that businesse seemes to be wrapt up in one bare vote , viz. [ that all supernumerary forces shall be disbanded . ] as to which matter of disbanding supernumeraries ( so it bee with reasonable satisfaction in point of arreares , ) we are so farre from opposing , or obstructing it , that ( for the speedy easing of the kingdomes burthens by it ) wee shall readily give all furtherance and assistance to it , and shall ( by and by ) offer that incouragement thereto , as will demonstrate the same , and on such tearmes wee should our selves most gladly bee of those supernumeraries that should come first to disbanding . but , as to the thought of present disbanding all supernumeraries ( according to the vote ) first we cannot but wish it be considered , whether with any respect at all to the service , and reliefe of ireland , the parliament can well disband them all , unto which service ( as there might have beene a great advancement of assistance long since , but for the prevalence of faction and designe to breake that force that might have afforded it , as wee have formerly remonstrated ) so we have more lately contributed our parts , in the offer and designation of a very considerable force thereunto , and there hath ▪ wanted nothing but resolution and money , with expedition to send them over , which was not within our power . but if ( with respect to that service and the safety of this kingdome ) the parliament can yet lessen their forces so much , as to bring them neere the compasse of sixty thousand pounds a moneths pa● , yet , wee wish it be withall , considered how many those supernumeraries are , that must so come to bee presently disbanded ( which , to bring the residue within that compasse , would bee little lesse then twenty thousand of one sort or other ) and ( if so ) how great a summe it would require , to give any reasonable satisfaction to so many in point of arreares in hand ; and ( by the hardnesse of getting so much money as to piece up the moneths pay to the army ) wee have much reason to doubt how long the parliament will be in raising such a summe together , or where they will ▪ suddenly find money , to give competent satisfaction to the proportion but of a regiment or two upon a present disbanding , and unlesse they be provided with present money , to give reasonable satisfaction to so many at once , as would to that end come to be disbanded , the parliament must either turn them off presently with extreame dissatisfaction and disobligation ( which would render them apt to rise again with any party against the parliament who would give them hope of better dealing , or but of revenge ) or else must continue them untill better provided . and though there were mony ready for a competent part of arrears in hand , yet it will be necessary however that they be continued some time for the stating of their accounts and giving debentures for the remainder , for ( besides the injustice and dissatisfaction of turning the souldiers off without that ) we presume the parliament hath had too much experience already of the bottomlesse ill consequences of not ascertaining their accounts and arrears before disbanding , and not keeping the same registred together , by the endlesse clamours and out-cries of particular persons for arrears , and the vast summes expended thereupon without end of satisfaction ( the persons or their sta●e of arrears through neglect of taking such accounts before disbanding ) having never been certainly known , nor any end either of their number or claims ) and the dispatch of such accompts , for those that remaine , before disbanding , will certainly take up some time ( we doubt ) some moneths ; now , if thus any part of the supernumeraries ( above what the sixty thousand pounds a moneth will pay ) shall either for the time of stating their accounts or longer ( for want of present mony to disband withall ) be continued , both they and all other souldiers in the kingdome must so long remaine without constant pay , and consequently go upon free quarter the while , unlesse the tax for their pay be ( for the mean time ) proportionably increased ; for the sixty thousand pounds a moneth , not affording any assignement for such supernumeraries pay , those must of necessity go unpayd the while and consequently upon free quarter , and their going anywhere upon free quarter will hinder the coming in of the contribution of those parts which should be to pay some others , and so they likewise must go upon free quarter the while : which will in like manner hinder the pay and necessitate the like free quartering of others , so as all wil that while be equally hindered of constant pa● , and forced to take free quarter still ; but ( besides these aforementioned certain and visible occasions of delayes to the present effect of the vo●e for disbanding all supernumeraries ( we doubt it will find many other difficulties and obstructions to the speedy and effectuall dispatch thereof , and prove not so easie or so well executed as voted ; so that , though we wish that businesse of disbanding supernumeraries , put into a way of as speedy execution as may be , yet upon all these considerations we cannot imagine that vote to be absolute and soveraigne , nor so speedy or timely a cure of the souldiers wants , and discontents , or the countries grievance in their free quarter , as the nature of the maladie and temper of the patient requires ; wee shall therefore offer our finall advice for some other : first setting downe the particulars , and then shewing the efficacy and benefit thereof ; the particulars ( which we have in part heretofore propounded to the parliament ) are these ; that the parliament do forthwith enlarge their monethly contribution for five or six moneths , to the full proportion of the pay of all the forces now in being within this kingdome ( or at least of so many of them as they are not provided with present money to disband ) and to a considerable proportion ( viz. about ten thousand pounds a moneth ) over ; which ( by a neere estimate ) we conceive would well be by the addition of forty thousand pounds per mensem to the present sixty thousand pounds , and with lesse we beleive it cannot 〈◊〉 ) ; and the same committees to be appointed and to have the same power for the levying of this as for the former sixty thousand pounds , and the same penalties for neglects or defaults therein , as for the arreares of former taxes to the army , and for more speedy passing of this unlesse some visible inequallity in the rates of countries could be readily rectified without delay to the passing of it , we wish it might , ( being but for that short space ) passe according to the same rates as the sixty thousand pounds ; and for the kingdomes better sattisfaction herein it may be resolved and declared . i. that upon this inlargement and the effectuall leavying of it in the respective counties , no free quarter at all shall ( from within a month at most after passing the ordinance ) be taken in any county or place where it shall be duly leavyed and paid . ii. that it is intended this inlargement of tax shall not be continued beyond the space of the months limitted , and that in the meane time , as the parliament can find money , and safety to disband and lessen their forces , so ( if that lessening be considerable ) they nill by degrees lessen the said tax proportionably . vve desire that for the more sure and effectuall leavying of the whole tax , the generall and committee of the army , or one of them may have power ( in case of any county committees neglect or failing therein ) to add new men to any the respective committees who ( thereupon ) to have the same power as the committees named in the ordinance have . . that for more sure and ready payment of the souldiery out of this , the forces which cannot , or are not provided for to be forthwith disbanded , may be immediately assigned to severall counties or associations of counties , out of whose taxes they shall be paid , and that the generall may have power accordingly to make such distribution & assignments giving notice and accompt thereof to the committee of the army , and they thereupon to take order for the payment of the forces so assigned , immediately out of the counties or associations to which they are assigned , and that the payment be made according to due musters and according to the last establishment ( as to the rate of each officers pay ) and the surplusage of any counties taxes above the due pay of their forces so assigned to be paid out of them , to be ( at the care and oversight of the same committee for the army ) called for and paid into the common treasury , for such generall vses as shall be found necessary relating to the forces and service within this kingdom , by warrant from the generall or committee for the army according to the usuall course of limitations heretofore ; and the remainder or surplusage of the said taxes of the whole kingdome ( above the uses aforesaid ) to be for the supply and reliefe of the forces already in ireland , or other publique uses as the parliament shall thinke fit ; and the same committee likewise , with the treasurers , to take care for the methodizing , and ballancing of the whole accompts , and to have power for the imploying of officers needfull for the dispatch and accommodation of this service , and to make allowance of salaries to them , ( within some reasonable limitation ) particularly that there be allowances for so many deputy commissaries of musters as upon the practick of this distribution , the generall and committee shall find needfull ; and the treasures generall out of their salary ( in regard of this accession to it ) to maintaine so many deputy treasurers as the generall and committee of the army shall find needfull to be imployed , and reside in such severall parts of the kingdom as the generall shall find convenient for that service . . that the security for arreares being setled as hath been already and is againe hereafter propounded , the parliament would speedily send downe commissioners to the army , and appoint the like for other forces of the kingdome , to state accompts and give debenturs , whereby the souldier may before disbanding , have his arreares ascertain'd to him , as a cleere debt to be paid him out of that security ; and that one office or registry may be appointed into which all accompts so taken may be returned , and all the arreares registred to be paid in order , as is hereafter exprest , and for this office we offer that two registers , with four clarkes may be allowed to have reasonable salaries out of the revenue issuing out of the said security , and this we desire may be hastened for the speedier preparation to the worke of disbanding ; that such as are to be disbanded may be ready for it , by that time the parliament can provide money where-with to disband any of them , and that so by disbanding the supernumeraries as fast as may be , way may be made for the speedier lessening and taking off the taxes by degrees . now , for the advantage and benefit of the things here propounded , they will appeare as followeth , viz. whereas upon the former supposition ( that the putting off the soldiery that are to be continued into a way of constant pay , do depend only upon the disbanding of all supernumeraries , whom the present tax will not extend to pay ) it s most evident ( as before demonstrated ) that none can be put into present pay , but all must goe on upon free quarter , so long as untill every one of the said supernumeraries be disbanded ( which what ever may be imagined ) though no other difficulties or obstructions should happen then what are now visible , as before mentioned , would not be effected , nor ( we doubt ) provided for in three or foure moneths time , wee wish it prove so soon : but we much feare interruptions , or delayes , will happen to make it much longer , and all that while ( free quarter continuing as before ) the burthen thereof ( besides the anoyances ) though it fall more lightly upon some parts and heavier upon others , yet in the whole it damnifies the kingdom as much as the said increased contributions come to . the soldiers also must have ( besides his quarters ) some pay in hand the mean while ( otherwise he can neither subsist nor be kept in order ) yet still he accounts ( at least ) half of his pay for the remaining time , in arrear to him , so as that further debt doth also grow upon the kingdoms score ; now contrary-wise ( the things we have propounded being granted ) that bare contribution answers all ; for we dare under take , within a fortnight after granting of them , all the forces of the kingdom shall be assigned where , & how to receive their pay constātly , til disbanded ; & so no more freequarter shal hēceforth be taken , no part of the kingdom any more unequally oppressed thereby , nor any further debt of arrears hence forth incurred upon the kingdom , and the worke of disbanding supernumeraries not at all hindred , but much facilitated thereby , and as the parliament findes money and safety to disband any of them , they may by the same degrees either lessen the taxe proportionably , or will have so much more surplusage thence from , towards reliefe of ireland , or towards disbanding of others , or any other publique uses . and now for furtherance and encouragement in the matter of d●sbanding ( those things afore mentioned being granted ) wee shall ( for the armie and other forces engaged with it ) offer and agree to these rules following , . that such of the said forces as shall come to be disbanded as supernumeraries , shall ( out of the moneys to be raised upon the security for arreares ) have the full moity of their arreares first made good to them , as moneyes come in hereupon , before those which fall out to be continued shall receive any part of theirs , and after that ( when those that continue , shall have received the like proportion of theirs then ) these that shal be disbanded to receive the other moity or full remainder of their arreares , before these that continue any more . . that those of them which shall disband , shall ( as moneyes come in upon the said security ) receive their proportions of arreares in the same order and course as they disband , ( of which order and course a remembrance to bee entered and kept in the afore-said regestry of these accompts ) the persons of the regiment , troope , or company first disbanding , and so the rest in course , to receive first what was due to them at disbanding ( to make up their first moity ) by two equall portions , and likewise to receive their second moity at twice , by equall portions , in the same course as they disband . now for our desire in the first proposition afore-going , ( to have the increase of contribution extended to the proportion of ten thousand pounds a moneth ( by estimate ) over & above what we thinke the just pay for the souldiery now in being in the kingdome , and not ready for present disbanding will come to : the reason is , partly , that there may bee ( certaine ) some present supply out of it for the force in ireland , and partly because , if the contribution should be set scant of , or but just answerable to the pay of the souldiery , the many contingences and acc●ssary charges ( not to be fore-seen , and the probable failings of full levying the contribution in some parts , would necessitate the going of some upon free quarter , ( which would disturb the order , and constant pay of the whole ) and it would also r●q●ire much time to proportion the forces , to be assigned upon the severall counties exactly to the contributions of them , which would make it long e're free quarters could be taken off , since none could be assigned where to be paid , untill the pay of each part of the souldiery were exactly computed , and all of them as exactly distributed according to each counties taxe ; ) whereas the taxes being laid to a sufficient proportion above the just pay , we can immediately make distributions and assignments lye estimate , so as to be sure the taxes of each county exceed the pay of the souldiers assigned to it , and though so , one county have more , and another fewer souldiers assigned to them then ( upon an exact distribution according to the number and pay of the souldiery ) their just proportion would come to , yet none having so many , but that their taxes wil do more then pay them , no part will beare above its due proportion of charge , and those parts which have least numbers of souldiers assigned upon them , yet will beare their due proportion of charge , either in pay to the souldiers , or in the surplusage of their taxe above it ; which , being collected into the common treasury , will be for reliefe to ireland , or other publique uses , so as the surplusage ( either in particular counties above their particular assignments , or of the whole kingdomes taxes , above the pay of the whole souldiery in i● ) will bee no losse ; but ( as to some present and certaine reliefe for ireland out of it , upon supposition of the hundred thousand pounds a moneth ) wee shall ( besides the surplusage of every counties taxe above the pay of the souldiers to be assigned to it ) fore-cast in the distributions and assignments , to leavye the taxes of some counties , ( and that as many as may be ) to come intirely into the common treasury for the reliefe of ireland , without assaying any of the forces in england to bee paid out of them . and for that power desired for making such distributions and assignments , the advantages and benefits of that way of reparticion ( as to the more sure and ready payment of soldiers ) are sufficiently knowne and tryed : and it is most evident , that without it , ( if no souldiers be paid before the moneyes be first collected in the severall counties , and then sent into the common treasury for all the kingdome , and then sent to the head quarters , or thence distributed to the severall forces within the kingdome , it is in vaine to think that the souldiers can be supplyed with money afore-hand , or timely enough to make him pay quarters , and 't is as good ( almost ) not at all , as not in time . wee have thus propounded a way whereby all the souldiery of the kingdome may bee instantly put in a condition of constant pay ( while continued ) and thereby bee kept in order and discipline , all free quarter ( with the abuses , exactions , annoyances , and unequall pressures that accompany it ) immediately taken off , no further debt of arreares incurred upon the kingdome , and that which is already incurred , put in a way to bee recovered and overcome in time , and whereby the supernumerary forces may shortly be disbanded by degrees ( as the parliament can finde money to doe it ) and will bee satisfiable to disband , with lesse money in hand , without danger of dis-obligation therein , and whereby also the additionall charge ( now propounded ) with other burthens of the kingdome may by the same degrees be lessened and eased with safety and satisfaction , untill all can bee taken off . and as it is evident , that if such a course as this had been taken sooner , and the parliament ( as they found the severall parts of the kingdome cleared from the enemy , and eased of the oppressions they suffered under them ) had by degrees extended an equall contribution over all parts in a proportion sufficient to have payed all their forces ( while they continued them ) the kingdome had been eased of free quarter , and no further debt of arreares to the soldiery incurred upon it , for ( at least ) a yeare and halfe agoe , those that have been disbanded had not been put off with so much disobligation ( as some have been ) nor had their claimes and endlesse demands since brought such troubles upon , or drawne such vast arrears from the parliament and kingdome , and those that now remaine to be disbanded had been much easier satisfyable and more readily disbanded ; so if such a course ( as is here propounded ) be not speedily taken , but the putting off the soldiery into a way of pay be left to depend only , upon the disbanding of all supernumeraries ( and that so unprovided for ) or so uncertainly and slowly provided for , and proceeded in ( as without this course ) it is like to be ) it is most evident ( besides unforeseen dangers of discontent both in the soldiery and country of difficulties to disband , or interruptions and dissatisfactions in it ) that the non-disbanding of some will so long occasion the non-payment of all , and continue free quarter , with the inconveniences thereof upon all , and the non-payment of all may hinder the disbandin● of any , and so both debts and discontents grow upon the soldiery and kingdome , ( perhaps ) till it passe the power either of the generall and officers , to compose the one , or the parliament and kingdome to satisfie the other . having therefore thus sufficiently d●scharged our selves in this point , so as we shall ( we hope ) stand acquitted before god and men from whatever evils ensue upon any further neglect thereof ; we must now declare , that we find the just expectations of the army herein ( especially since the generalls late eengagement or undertakings at the randezvouz ) are so great and earnest , the clamours & outcryes to us from other forces , & garrisons of the kingdome ingaged with the army ( for their extreame necessity , and our apprehended neglect of equall provision for them ) are so sad and pressing , the discontents of the country ( from the oppressions of free quarter ) are so full and yet growing , and almost desperate , and the distempers distractions , and dangers threatened by all these are so vast and emminent , as wee can no longer stand and under the burthen or blame of them . but if the things here before propounded be not granted and passed effectually ( or a certaine course setled according to the eff●ct of them ) by the end of this present week ; wee can no longer give account of the army or other forces in a regular way ; but unlesse wee find satisfaction in our judgements , to take some extraordinary wayes of power ; we must let the soldiery and k●ngdome know , that we cannot satisfie their just expectation , and thereupon desire that the charge of the soldiery may be transmitted to others ; if the parliament shall approve , and passe what we have here propounded , we must ( for the better prosecution and effecting thereof ) add , that the superlative backwardnesse and obstinacy , or disaff●ction rather of those within the city , who have thus long with-held their arrears of taxes , ( so long since due to the army ) may not escape either with v●ctory therein , or without examplary suffering ( at least ) by strict and speedy levying as well the penalties , as the arreares themselves , and ( for that purpose ) that the parliament would reassume the consideration of the generalls late letters about that busines , to the committee of the army , and reveiw that to the lord majo● and common councell , wherein the ill consequences both of the wilfull neglect of the thing , and of the armies withdrawing to a further distance before it be done , or of its continuing longer here abouts , in the delatory ( and perhapps ) frui●l●sse expectation thereof from the cities own actings therein may sufficiently appeare . to which we adde , that till it be done effectually ( and sharply to some ) the distribution of the forces to severall committees to be paid ( according to what is before propounded ) can neither be effectuall nor safe ; and we must therefore desire that unlesse it be thought fit , that the whole kingdome should groane still under the oppressions of free quarter , and these adjacent counties be undone chiefely while those of the city ( that occasional ) sit free from any tast of it , there may be no longer stop to the drawing in of the army , or a considerable part of it to quarter upon them in the city ( who had not paid before the said letters , untill they shal have paid both the arrears and ful penalties ; and though our tenderness of that cities safety & welfare , and our clearness from the least thought of evil towards it , or any base designe to make the least advantage to our selves , or the army by it hath sufficiently appeared , as in al our former demeanments , so in our cariage of the business upon our late advance towards it ( notwithstanding the just occasions , & great provocatitions thence so newly given ) as also in our innocent march through it , and quiet and patient waiting about it for those long-due arreares , without quartering any souldiers in it ; yet now , in justice , we cannot but desire that , ( besides the levying of the arreares at last ( for which wee have been put to stay so long ) there may now likewise some reparation be thought on from the city to the parts adjacent for above one hundred thousand pounds dammage sustained through the armies attendance here on the cities defaults and delayes ; which reparation , we ( if necessitated thereto , or called upon by the countrey ) must in their behalfe demand from the city to the full ; and now also ( the rather in order to that ) we must earnestly desire that the proceedings against those citizens and others lately impeacht may be hastned , and out of their fines or confiscations , some part of reparation may be made to the countries adjacent for the aforesaid dammages which the crimes of those persons and others in the city did first bring upon them ; and indeed , without something done against those persons , for example to others , before the armies with drawing , wee doe not see ( when it shall withdraw ) with what safety or freedome the parliament can sit longer at westminster , especially when wee finde the common councell ( through the parliaments and armies lenity ) to take the boldnesse already ( in the face of both ) to intercede for the release and acquitall ( or rather justification ) of those impeached persons , ( who indeed are but fellow-delionuents ( wee doubt ) to most of that councell ) as if that so actuall , immediate , and horrid a force upon both and the whole houses of parliament , and the levying of warre in abettment and prosecution thereof , and of that concurrent treasonable engagement , were already forgotten by them to have beene any crime ; the consideration whereof , and of the renewed confidence of master gewen and some other members of parliament , ( knowne to have beene partakers , if not principals in the same things ) who yet presume , and are suffered to appeare againe in the house ( as if in those things there had not been so much fault , as to render them lesse worthy of continuing in that highest trust ) makes us begin to fear , that , while so much of the same leaven ( through lenity and moderation ) is left behinde , it may shortly spread , til even the worst of the eleven members ( notwithstanding their doubled crimes ) be again called for in , unlesse the house ( by some exclusive resolutions and proceedings ) do timely prevent the same ; wee hope therefore the parl. will weigh these things , and speedily ( ere it be too late ) consult ( at least ) their own safety and the kindoms , if not ours and the armies , their poore servants , and something concerned with them ( especially ) in that affaire . next , we again more importunately desire , that those other so neare concernments of the souldiery ( exprest in the generalls late remonstrance at the rendezvouz ) may be speedily considered , and fully & effectually provided for ; in order to which wee shall here more particularly propound as followeth . first , as to the security for arrears , whereas ( in the late votes or proposition intended for that purpose ) the two thirds of the lands or compositions of certain delinquents assigned towards the said security , is onely of the delinquents within the three first qualifications of the th proposition ; we desire that may be altered so , as to be two thirds of the lands or compositions of all the delinquents that have not yet compounded . and next we must desire , that deans and chapters lands may be added ( with proviso for reasonable satisfaction or maintenance to such persons , as , having a present lawfull interest in any the revenues thereunto belonging , have not forfeited the same by delinquencie ) . these additions are desired , because the security as yet voted is justly estimated not to be sufficient , and since all that is propounded is but for security , if the security prove to exceed the arrears really due , the surplusage will be free for any other publick use , so as the state will not be damnified by these additions to the security . lastly , ( as to this businesse ) we desire , that the matters of security ( being resolved on as desired ) may be past into ordinance , and thereby put into a speedie and effectually way of raising moneys thereupon . secondly , for matter of indemnity , that if no indemnity more absolute can be provided , ( to free the souldiery from all question for things done in the war ) but that they must ( in case of question at law ) flie to some committee or commissioners for relief ; it may be provided for the ease of all , that ( either under the grand committee for indemnity , or otherwise by the immediate appointment of parliament ) there may be commissioners in each county impowered to give relief in such cases , as the grand committee now are ▪ and those commissioners to be such as ordinarily reside in the respective counties , and mixt of such as have been military officers to the parliament , together with such inhabitants as have appeared active and faithfull for the parliament in the late war ; for which purpose we shall ( if admitted ) offer names ; and that there may be a severe penalty layed upon judges , or other officers of justice , in case they shall proceed against any contrary to the ordinance for indemnity . thirdly , that sufficient provision be made in a certain , and no dishonourable way , for the relief and support of maimed souldiers , and the widows and orphans of men that dyed in the service , to continue during the lives of the maimed , and widows , and during the minority of their o●phans ; and that the same commissioners ( to be appointed in each county for indemnity as aforesaid ) or others in like manner mixt , may be impowered for this purpose also ; and in case of the death of any such commissioner , or their departure out of their respective counties , those that survive , or remain , may choose new ones to fill up the number . . thus for the just freedom of apprentices , who have served the parliament , there may be a sufficient penalty laid upon masters refusing or delaying to give the same , when their times are out , accounting the time they have served in the war as part . and that the apprentise may have his action at law for that penalty . . for freedom from impresting , that ( as no free-man of england , may be imprested for any forraign service , or other then for the immediate defence of it , so ) no souldier that hath voluntarily served the parliament in the late warre , for the liberties of the kingdom , may be liable to be prest , for any military service at all : and that it may be promised , that a certificate of his said service as a voluntier , under the hand and seale of his collonel , or other field officer , under whom he hath served , may be a sufficient protection and discharge to him , from any such impresting . having thus discharged our selves , in those matters which are our most proper , and immediate businesse ( the concernments of the souldiery ) and for which we redouble our desires , that the two first ( concerning the putting them into constant pay while continued , and provision for their arreares ) may be first considered , and immediately settled before any other businesse , and then that the rest of them may also be provided for , assoon as may be . now though the two first of these , want not their equall concernments to the kingdom , ( in the present taking of the oppression of free-quarter , preventing the increase of arrears , and providing or preparing for the more easie and satisfactory disbanding of supernumeraries , and thereby the better easing of the kingdoms burthens by degrees ) yet we cannot in any of our addresses of this kind , so far forget those things we have formerly declared concerning ( more purely ) the publick interest of the kingdom and our selves , as members of it , but we must herewith renew our humble and earnest desires , that no time may be lost by the parliament for the just consideration and dispatch of these things , both for the redresse of common greivances , releife of the oppressed ▪ and for the liberty , security , quiet and some safe settlements of the kingdome ; and more especially , that these things of this nature , exprest in the late remonstrance at the rendezvous , may in such settlement be fully and effectually provided for , ( and that ) with as much expedition as may be . and it is our hearts desire and hope , that herein the proceedings and resolutions of the parliament may be such , and so timous , as that we may not need any more to remind the parliament in any of those things which ( as far as with truth or any safety to that most obliging interest of the publique , and to those that have ingaged for it , we may forbeare ) we are most unwilling and take no pleasure to meddle in . windsor . . decem. . by the appointment of his excellency , sir thomas fairfax , and the councell of the army . john rushworth secretary . finis . a defence of the parliament of . and the people of england against king charles i. and his adherents containing a short account of some of the many illegal, arbitrary, popish and tyrannical actions of king charles i. unjustly called the pious martyr; together with the following tracts, &c. . the pope's letter to king charles ... . to give a clear demonstration of this holy martyr's religion and piety, see his declaration for the lawfulness of sports and pastimes on the lord's day, printed at large in this book. toland, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a defence of the parliament of . and the people of england against king charles i. and his adherents containing a short account of some of the many illegal, arbitrary, popish and tyrannical actions of king charles i. unjustly called the pious martyr; together with the following tracts, &c. . the pope's letter to king charles ... . to give a clear demonstration of this holy martyr's religion and piety, see his declaration for the lawfulness of sports and pastimes on the lord's day, printed at large in this book. toland, john, - . [ ], p. [s.n.], london : printed, . errata on * v. cropped with some loss of print. reproduction of the original in the bamburgh castle library, durham. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- i, -- king of england, - -- controversial literature -- early works to . england and wales. -- parliament -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - ben griffin sampled and proofread - ben griffin text and markup reviewed and edited - pfs batch review (qc) and xml conversion a defence of the parliament of . and the people of england , against king charles i. and his adherents ; containing a short account of some of the many illegal , arbitrary , popish and tyrannical actions of king charles i. unjustly called the pious martyr ; together with the following tracts , &c. . the pope's letter to king charles . . k. charles's letter in ans. thereunto . . the articles of marriage made in favour of papists ) with france . . king charles his commission to the irish rebels , and . philem , o neal and rorie macquire's declaration to the irish thereupon . . king charles ii's letter to the ●●urt of claims of ireland , in behalf of that great rebel , the marquess of an●●m , to restore him to his estate ; for ●t the said marquess , had made it ap●r , that what he acted in that rebel● , was done by the express orders , 〈◊〉 commands of charles i. his father . 〈◊〉 . king charles i's warrant by secre● nicholas , to the king's printer , ●manding him to print no more 〈◊〉 of those proclamations , that ●claim'd the irish rebels . 〈◊〉 an abstract of those strange arti● of peace , king charles i. made with ●rish rebels . . king charles his two letters to the protestants of rochel , wherein he assured them of relief against the french k. . the misérable and deplorable remonstrance those poor protestants made to him , upon his sacrificing them to the mercy of the french king. . the earl of anglesey's memorandum . dr. anthony walker and mrs. gauden's proofs , that eicon basilice was not writ by king charles , but by dr. gauden , bishop of exeter . . a copy of the kings , and pamelia's prayers , taken out of eicon basilice , and sir phillip sydny's arcadia ( which agree almost in every word . ) . twenty articles against that wicked prelate l● . . to give a clear demonstration of this holy martyr's religion and piety , see his declaration for the lawfulness of sports and pastimes on the lord's day , printed at large in this book . london , printed , . to the reader . it is not the least of man's unhappiness , that he is the greatest enemy of his own interest , having opportunities for his own advantage , he lets them slip , and by brutish incogitancy , rather than natural impotency , ( as our parents at first ) he is soon cheated into his own misery ; his present contentment is his chiefest atchievement , and he will have his will tho' it be his woe . he is apt to kill his friends , ( as the jews did christ ) for their endeavours to save him , and to court his enemy ( as eglon did ehud ) whose design was to slay him . the great controversy ( between the advocates for king charles the first , and his wicked favourites , and the friends of the parliament and people , that were necessitated to resist him , could never have been spun out into above years length , had the dim eyes of dull people been clear'd up to a true discerning of their friends from their oppressive foes . how apt have the idolizers of king charles the first been , with the army of the assyrians , to travel to samaria instead of dothan , and with the jews to gratify caesar , in crucifying their saviour ? whereas heretofore they generally reputed for saints those faithful and couragious barons , who lost their lives in the field , making a glorious war against tyrants for the common liberty . such as symon de mamfort , earl of leicester , against henry the third ; thomas platagenet , earl of lancaster , against edward the second , &c. i cannot willingly ascribe the love of tyranny and oppression , to the natural disposition of an english man , but rather to two other causes ; the first is the clergy of all ranks , whose pulpit stuff from before , till now , hath generally been the doctrine , and perpetual infusion of servility and wretchedness , to their hearers , and their lives most commonly the types of worldliness , with a slender pattern of vertue , righteousness and self-denial , in their whole practice . the second is , i attribute it to the factious inclination of most mendivided from the publick interest of their country , by several selfish ends and humours of their own ; who may truly be call'd sacrificers of the common welfare of mankind , to their own private advantage , that they might thereby attain to their ambitious purposes . dryden ( as i am inform'd ) gives this true character of these sort of men , viz. mark those which dote on arbitrary power , and you 'l find them either hotbrain'd-fools , or needy bankrupts . 't is a wonderful and amazing thing , to find so great a part of mankind fondly and foolishly doting , nay , which is more unchristian , with a sort of idolatry , idolizing this prince , when they are not capable of giving to the world a clear demonstration of one good act he did designedly for the benefit of his people : certainly if his virtue and piety towards god , and his country , had been in the least conspicuous , his mighty adorers have been defective in their panegerical encomiums of him ; for i must with the greatest assurance declare , that neither by reading the defences of him , or conversation with the greatest of his advocates , could i find the least cause to esteem him a saint , or to clear him from the tyrannical oppression , nay , from the blood and misery of england , so justly laid to his charge by the parliament of , and those worthy patriots that join'd with them . let the advocates for tyranny and arbitrary power say what they will to the contrary , i am confident the people of england have a great esteem and value for a king that governs according to law , and , in all his actions , aims at his people's good equal with his own ; and if at any time they betake themselves to arms against their prince , 't is his , and not their fault : neither is it rational to believe , that the generality of the nobility , gentry and commonality of england , would , without an apparent cause and necessity , engage in a bloody civil war , and thereby run the hazard of their lives and fortunes : and he that shall consider impartially , in a civil or religious sense , the quality of those that espoused that king against their native country , will find the parliament , and those that joined with them , did infinitely exceed , in all respects , the party that assisted that king. for it is notoriously known , that the popish and superstitious people throughout the kingdom , were united , as one man for the king against the parliament ; and if we consider them in a civil respect , were not all the pattentees , monopolizers , cruel usurping oppressors , but lords , knights and gentlemen , the pillars of the star-chamber , councel-table , high commission court , &c. were not these the great abettors , and supporters of that bloody war , against the parliament and people of england . were not his clergy , for the generality of them , a wretched parcel of court sycophants , that gave vent to those plaguy-doctrines of non-resistance , absolute and arbitrary government ( after the mode of france ) in loans , free-quarter , ship-money , monopolies , &c. during the oppressive ministery of buckingham , stafford , and laud , that countenanced those two court parasites and ear-wiggs , mountague and manwaring , who poysoned the ears of king charles the first , with such infectious doctrine that proved to be fatal to the king and kingdoms . 't is true indeed , both montague and manwaring were doom'd and condemn'd for the same in open parliament , sentenced and fined , and made incapable of all ecclesiastical benefices and promotions . but king charles was so much in love with these two wicked levites , and their doctrines , that soon after the parliament was dissolved , he punished them with two fat bishopricks . that the world may know for what manwaring was thus rewarded by the king , i shall produce three of his pernicious assertions out of his two sermons before the king , printed under the title of religion ond allegiance . . that the king is not bound to observe the laws concerning the subjects rights , but that his will in imposing loans and taxes without consent in parliament doth oblige the subjects conscience , upon pain of eternal damnation . . that they who refused the loan , did offend against the law of god , and against the kings supreme authority ; and thereby became guilty of impiety , disloyalty , rebellion , &c. . that authority of parliament is not necessary for the raising of aids and subsidies ; and dr. sibthorp , vicar of brackley , printed a sermon , which he preached at the assizes at northampton , and dedicated to the king , wherein he poysons his country with these vile positions . . that it is the prince's duty to direct and make laws , ( his text , by the way , was rom. . . render therefore to all their dues ) he justified this by that opposite proof ; eccles. . , . he doth whatsoever pleases him . — who may say unto him , what doest thou ? . that all antiquity is absolutely for absolute obedience to princes , in all civil and temporal things . . that if princes command any thing which subjects may not perform , because against the laws of god , of nature , or impossible , yet they are bound to undergo the punishment , without resistance , and so to yield a passive obedience , where they cannot exhibit an active one. p — g , sh — k , and others , have largely since that time , obliged the world with these enslaving doctrines . as this king took great care to reward such ministers as these , so he was resolved to make examples of those pious and worthy clergy-men , that stood up against the oppressions of those times ; for brevities sake , i shall instance but two of the many that might be named . the first was , that good man dr. abbot , archbishop of canterbury , because he could not in conscience comply with the king , who with menaces required him to license that abominable sermon of si●throps , ( before mention'd ) and thereby make that good by divinity , which had been done against the laws . and when the lord conway , secretary of state , was sent with a threatning message from the king to him , this good old man persisted in his refusal , saying , with the psalmist , i shall not be affraid of any evil tydings , for my heart is fixed , trusting in the lord. the king instantly suspended this archbishop , and also confined him , and committed the archiepiscopal jurisdiction● to five bishops , all of the new church of england , and sibthorp's patrons , viz. london , durham , rochester and oxford , and honest laud of bath and wells . the second was dr. williams , bishop of lincoln , who also felt the heavy oppression of this protestant king. in the first year of his reign , he was lord keeper of the reat seal but upon his appearing in parliament against the kingdoms great grievance , the duke of buckingham , he was disgraced und-sequestred from the king's presence , and council table . in his second year , he was accused for speaking publickly against the loan , and also for refusing to give way to proceedings in his courts against the puritans . the king imprison'd him in the tower , but this good bishop , out-living his imprisonment , upon the king 's throwing the gauntlet , he came to a tryal of skill , for the old english liberties , and he resolutely said , nolumus leges anglia : mutari , and took command in the parliament's army , and bravely asserted his country's liberties with his sword. if i should proceed to relate how this king dealt by the nobility and gentry ; both lawyers and others that stood up for the laws of the land , and liberties of the people , this tragical story would swell to too great a bulk for a preface ; i shall therefore give a short account of the matters contained in the following treatise , viz. that he favoured , protected , and was ruled by , the worst of men , both clergy and laity ; secondly , that he highly favoured papists ; thirdly , that he govern'd by an arbitrary power , and raised money upon his subjects without act of parliament , which is directly against the constitution of the government of england , and of a most dangerous consequence to the people of england ; for when ever such a power is established in these kingdoms , the people may bid a sad farewell to all their felicity , for they would soon undergood the same miserable fate , the poor people of france have done ever since that king violated their magna charta , call'd , the edict of nants , &c. which is to be taxed according to that prince's will and pleasure ; fourthly , that he was not that pious prince the mad world without reason would represent him to be ; of all these , you have too many instances in the following treatise , which for the satisfaction of mankind , contains not onely ● articles , or charges against this king , but also the following tracts , all of which were never printed at large in any one book before , viz. the popes letter to king charles i. and king charles his letter in answer thereunto , calling the pope most holy father , &c. the articles of marriage made ( in favour of papists ) with france . king charle ' s commission to the irish rebels , and philem oneles , and rorie macquire ' s declaration thereupon . king charles ii's letter to the court of claims of ireland , in behalf of that great rebel , the marquess of antrim , to restore him to his estate , for that the said marquess had made it appear , that what he acted in that rebellion , was done by the express orders and commands of charles i. his father king charles i's warrant by secretary nicholas , to the king's printer , commanding him to print no more th●n forty proclamations that proclaimed the irish rebels . an abstract of those strange articles of peace , that king charles the first made with the irish rebells . the two letters he writ to assure the rochellers of his relieving them , and the miserable and deplorable remonstrance those poor people made to him upon his sacrificing them to the mercy of the french king. the earl of anglesey ' s memorandum . dr. anthony walker , and mrs. gauden ' s proofs , that eicon basilice was not writ by king charles , but by dr. gauden bishop of exeter . that copy of the kings , and pamelia ' s prayers taken out of eicon basilice , and sir philip sydneys arcadia , will agree almost in every word . twenty articles against that wicked prelate land , and to give a clear demonstration of this holy martyrs religion and piety . his declaration for the lawfulness of sports and pastimes on the lord's day is printed in this book at large . to conclude , if all these and many more sad matters of fact , already in this , and other books produced to the world , will not be of force enough to satisfie the generality of mankind , that they have been most notoriously imposed upon , by the clergy , and some of the laity , in their defence of king charles i. against the parliament of . and people of england . i shall conclude , that nothing but the coming down of an angel from heaven , will be able to convince them of their error ; i shall , therefore leave them to god , and end all with this hearty prayer , that he would be pleased so to open their eyes , that they might see what will make for the peace and happiness of these kingdoms , and no longer promote and keep up those unhappy divisions , that are yet amongst us , after above years controversie on this melancholly subject . errata . page . line . read immerited . p. . l. . r. gorges . p. . l. . r. desert f. defect . p. . last line r. coat . p. . l. . r. that . p. . l. . r the king. p. . l. . r. bath . p. . l. . r. prins . p. . l. . dele and also king charles ii's declaration after his restoration . p. . l. . r. papists . p. . l. . r. things f. time . p. . l. r. proportion . p. . l. . dele it . p. . l. . incert ( to ) after relations . p. . l. . r. wentworth . p. . l. . r. suspiria . p. . l. . r. dismiss . p. . l. . r. have done . p. . l. r. zyons . p. . l. . r. alia p. . l. . after imaginable 〈◊〉 . to enslave his people . p. . l. . r. article . p. . l. . r. therein . p. . l. . r. irreconcilable . p. . l. . r. have . p. . l. . dele not . p. . l. . r. cordially f. cardinals , englands black list ; or , a short account of some of the many illegal , arbitrary , popish and tyrannical actions of king charles i. falsely and unjustly call'd the pious martyr of ever blessed memory ; i shall not pretend to describe them gradually , or annually , but as they occur . . he took in the duke of buckingham to be one of the chief conductors of all his affairs , notwithstanding the said duke was impeached for a very suspicious playster and portion administred to king james the first . see the earl of bristols , and sir dudley digg's speeches against him in rushworth . the duke's mother , and many near about him , were papists , and advanced men popishly devoted , to places of the chief command in the court and camp. three parliaments in the beginning of this reign , found and declared this duke the cause of all their miseries and disasters , the grievance of grievances ; yet king charles would against all justice protect him . . he made that wicked bishop laud ( who was afterwards deservedly beheaded ) another of his favourites , by whose precious councils poor england hath notoriously suffered ; to write his life according to his actions , would sufficiently darken the lustre of those immerite and impious encomiums given by that notorious jacobite mr. wharton . the pious dr. abbatt , then arch bishop of canterbury , hath in his writings given a sad account of him . 't is said that archbishop sancroft had a great hand in putting forth this book . . his marrying heneretta maria of france , a violent papist , and agreeing to private articles in favour of papists , viz. that those who had been imprisoned , as well ecclesiastical as temporal , should be released : that papists should be no more molested for their religion ; by which means the papists grew impudent , and scoff'd at parliaments and law. read the articles at large in this book . . that received a letter from the pope , and writ him an answer , saluting antichrist with the title of sanctissime pater , most holy father . that procured the pope's dispensation for his marriage , which was solemnized by proxy , according to the ceremonies of the romish church . see the pope's and king's letter at large in this book . . that pursuant to his private article with france , immediately granted a special pardon to twenty popish priests for all the offences they had committed against the laws , and built a chapel at somerset-house , with conveniencies for fryars which were permitted to walk abroad in their habits . baker the jesuit , was one of many that was pardoned after the lords and commons had sent a petition to him for advancing the true religion , and suppressing of papery . he made weston ( who died a papist ) his lord treasurer , and preferred so many papists to places of great trust , as lord lieutenants , deputy lieutenants , justices of the peace , &c. that the commons of england , complain'd by their petition , of near one hundred of all ranks , he restrain'd the ecclesiastical and temporal courts from intermedling with papists , which was little less then a tolleration . he not only schreened , but pardoned mountague his chaplain , whom the commons had voted , had endeavoured to reconcile england to rome , and instanced , that he maintain'd these positions . that the church of rome is , and ever was , a true church ; that images might be used for the instructions of the ignorant , and for exortation of devotion ; that saints have a memory , and a more peculiar charge of their friends ; and that it may be admitted , that some saints have a peculiar patronage , custody , protection and power , as angels also have over certain persons and countrys by special deputation ; that impiously and prophanely scoffed at preaching , lectures , bibles , and all shew of religion ; and though the commons prayed , that for these and other matters , mountague might be punished , and his books burnt , yet the king would do neither , but pardon'd him as aforesaid ; being incensed at the commons prosecuting a man after his own heart . . that to the great dishonour of england , the scandal of the protestant religion , and the great weakening of the protestant interest abroad , did lend eight ships ( equip'd with the subsidies given for the relief of his distressed protestant sister , the electress palatine , and the poor oppressed protestants of the palatinate ) to the french king , to fight against the miserable protestants of rochel . captain pe●nington in the vantguard went admiral ; the commanders and mariners protested against the service , though tempted with chains of gold , &c. declaring they would sink rather then fight against their own religion . the duke of rohan , and the french protestants , sollicited the king not to let the ships go again , and had good words and hopes ▪ nevertheless , ordered pennington by letter , dated the th . of july , . without delay , to consign the vantguard into the hands of the marquess de effiat for the french king's service , and to require the seven other ships in his name , to put themselves into the service of the french , commanding pennington to use all force , even to sinking in case of refusal . hereupon pennington put his ship into the absolute power of the french king , and commanded the rest to do so ; but the honest sea-men refused to be slaves to the french , and fight against the protestant religion , till forced by shots : but sir ferdinando gerges , to his eternal honour , brought away the neptune with detestation of the action . all the english , men and boys , except ( one gunner who was slain in charging a piece of ordnance , according to his defect ) declined the service and quitted the ships , refusing to serve against the rochellers . in september following , these seven ships were actually imployed against the rochellers , almost to their utter ruin . the french boasted that the vantguard mow'd the hereticks down like grass ; by these wicked means , were these good people wholly lost : they held the town till the year . but were reduced to incredible misery , having lived long upon horse flesh , hides , leather , doggs and cats , &c. there were but four thousand left of fifteen thousand souls , many dyed with famine , and they usually carried their coffins into the church-yard , and there laid themselves and dyed . a sad story , that ought never to be forgotten in the history of our blessed martyr's reign , ( as wickedly call'd . ) . that in civil matters , took his peoples goods from them against their wills , and their liberties against the laws ; that pluck'd up the root of all property ; that acted almost like the turks , who send their janizaries , and place their halbards at the door , and then are masters of all ; for in the very beginning of his reign , he levied twelve thousand soldiers contrary to law , and then required the country to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ . that appointed commissioners to try , condemn and execute those he unjustly call'd delinquents by martial law , directly against the laws of the land , and some were executed thereby . . that struct directly at the property of the subject's goods , by issuing out commissions ( contrary to many laws ) for raising money by way of loan , and the commissioners were ordered to certify to the council board , the names of all refractery persons ; particularly , he demanded one hundred thousand pounds of the city of london , and upon their refusal , he threatned them , saying , he would frame his councils as appartained to a king. . that against all law , required , the londoners to set forth twenty ships manned and victualed for three months , against which the mayor , aldermen and common council petition , but to no purpose : being answered , that petitions and pleadings were not to be received , and that the precedents of formers times were obedience , not direction . the deputy lieutenants and justices of the peace of dorsetshire , being commanded to set forth ships , insisted , that the case was without president , for which , they were severely checked , and told , that state occasions were not to be guided by ordinary presidents . those persons of quality , that refused to subscribe to the loan , were turned out of the commission of the peace and lieutenancy . sir peter hayman , upon his refusal of the loan , was commanded against his will , to go upon the king's service , beyond the seas ; others of meaner rank , were either bound to appear before the leiutenancy of the tower , to be enrold for soldiers for denmark , or were impressed to serve in the 〈◊〉 〈◊〉 ▪ sir randolph crew , the then learned lord chief justice of the king's bench , for declaring against the loan , and not giving judgment , that the king might imprison , during pleasure , was turned out , and sir nicholas hide put in his room , who presently complyed with the king. sir thomas darnell , sir john corbet , sir walter earl , sir john hevingham , sir edward hamden , five of the gentlemen imprisoned for refusing the loan , brought their habeas corpus in michaelmas term , in the third year of his reign . the warden of the fleet made his return , that they were detained in his custody by the special command of king ; and sir robert heath , then attorney generral , justified this sort of imprisonment , though no special cause was assign'd , and the lord chief justice hide ( who was made on purpose for it ) did singly give judgment for remanding the gentlemen to perpetual imprisonment . . that billotted soldiers ( many of which were papists ) upon whom he pleased for punishments ; these soldiers committed so many disorders , mastered the people , and disturbed the peace , that there was a general out-cry against them , many being undone by them : yet this was not redressed . . that in the year . issued a commission under the great seal to several temporal lords , with neal ' and laud , bishops of winchester and bath and wells , and others to raise money by way of excise , and to enforce the payment ( and which is very probable ) to awe the parliament , which was to assemble the th . of march ; he . upon the th . day of january , . sent a private seal to the lord treasurer , to this effect : we command you forthwith to pay to philip burlemark , merchant , thirty thousand pounds , to be paid by him over by bill of exchange into the low countrys and germany , unto sir william balfoure , and john dolbier , esq ( who was a papist ) for levying and providing certain numbers of horse , with arms for horse and foot , to be brought over into this kingdom , for our service , &c. burlemark being afterwards call'd into the house of commons , and examin'd about this matter , declared , that he received the thirty phousand pounds ; that one thousand horse were levied , and these horses and their riders were to come over , and arms were to be provided for them in holland , but heard a countermand was gone to stay them . . that caused mr. chambers , a merchant , to be fined two thousand pounds , to be committed to the fleet , until he made his submission , for saying , that the merchants in no part of the world are scrued and wrung as in england ; and that in turkey they have more encouragement . . that oppressed and imprison'd all rank or order of men , viz. the earl of bristol was two years confined without being charged with any accusation , or brought to tryal , or permitted to answer for himself for offering to accuse the duke of buckingham . he committed the earl of arrundel to the tower , in time of parliament , without expressing any cause of his commitment , which was a manifest violation of the privileges of the house of peers ; and though the lords presented a remonstrance , yet this lord was long detained prisoner . . that sent a threatning message to the house of commons , that if he had not a timely supply , he would betake himself to new councils . which could only mean the putting an end to the use of parliaments . that at another time , said to the lords and commons , remember that parliaments are altogether in my power , therefore as i find the fruits of them , good or evil , they are to continue or not to be . . his shameful betraying the poor protestants in the palatinate , and using the money ( given by the charitable protestants of england for their relief ) in equipping ships to be sent to the assistance of the french king , against the poor protestants of the isles of rhee and rochell . . that without doubt , had a great hand in the notorious irish rebellion , wherein above thousand poor protestant souls were most barbarously murthered , and this will more plainly appear by reading the commission given by this king in the th . year of his reign , dated from edinborough , and also the commission thereupon of peilem oneale , and rorie macguire to all the papists , both english and irish , within the kingdom of ireland ; both which for the readers better satisfaction , are printed at large in this book ; and also a sheet of paper , call'd , murther will out , containing king charles ii's letter to the court of claims in ireland , . requiring the then commissioners to restore the earl of antrim to his estate , for that he had made it appear , he had acted nothing but by order and commission from king charles i. read the letter at large . take notice this earl of antrim had been a very great rebell , yet restored for serving that king , in murthering his protestant subjects ; neither can any impartial men think that king innocent of this wicked act , if they consider how treacherously and basely he delt with the protestants of england , of the palatinate , of the isles of rhee and rochell . what articles he made with france in favour of popery upon his match ; what a mighty influence his popish queen had over him ; how he employed in great places of trust , not only great favourers of popery , but also many profest papists , and was very much advised and govern'd by their counsels to the great sorrow and misery of his po●r protestant subjects ; as also that in the summer before that dreadful october . a committee of the most active papists , all afterwards in the head of the rebellion , were in great favour at white-hall , and admitted to many private consultations there with the king in the queens presence ; and those irish priests departed not thence till within two months before that bloody rebellion and massacre . it was at that time , i morally believe , that king charles favoured the irish massacre , and the irish papists were so well assured of it , that they called themselves the queen's army , and said they had good warrant in black and white for their proceedings , and cryed out against the parliament of england , as the king's enemies . he that has a desire of being satisfied how great a favourer king charles was of papists , let him read mr. pinn's book , called , the royal court favourite . he was very much advised by the then parliament , to send early relief to the poor protestants of ireland , but it is notoriously known , how backward he was therein , and that he suffered them to be sacrificed to the cruel mercy of the irish cut-throats . it is also plain , that the parliament had long and often requested the king to declare the irish , rebels ; yet was this rare protestant martyr so tender of the poor catholicks reputation , for acting according to his commands , that no less than three months past , before he would gratifie the house of commons with proclaiming them rebels , and when he had against his real inclination thus done , he was resolved ; that but a small number should be printed and published , and in order thereunto , the following warrant was sent to the king's printer from his secretary of state. it is his majesty's pleasure , that you forthwith print , in very good paper , and send unto me , for his majesties service , fourty copies of the proclamation inclosed , leaving convenient space for his majesty to sign above , and to affix the privy signet underneath : and his majesties express command , is , that you print not above the said number of copies , and forbear to make any further publication of them till his pleasure be further signified , for which , this shall be your warrant . white-hall , jan. . . edward nicholas . see here what special care was taken , that a few only should come to the knowledge of this proclamation , when at the same time it was well observed , he dealt far otherwise by the scots , for they were more sharply proclaimed , and those proclamations with great care and dilligence , dispersed throughout the whole kingdom , and ordered to be read in all churches accompanied with publick prayers and execrations . but his aversion to the proclaiming and proceeding against the irish rebels , is not to be much wondred at ; for they call themselves the queen's army , and declared that they rose to maintain the king's prerogative , and the queen's religion , against the parliament ; much more might be collected from divers authors , of this tragical story , which for brevity sake , i shall now omit . . that to his eternal infamy against all laws , both humane and divine , caused a declaration to be published concerning the lawfulness of sports , pastimes , &c. on the lord's day , and gave archbishop laud an order , under his hand , to see that this declaration was printed . read the order , and declaration printed at large in this book ; and also king charces ii's declaration after his restoration . it is a wonderful and amazing thing , that there can be found amongst us , such clergymen and gentlemen , that against all reason and truth , shall make a saint , nay , a martyr , of this ( as you see ) pious king : how these men at the great day of judgment , will be able to answer for the many abominable lies , and blasphemies they have been guilty of , in defending this king's tyrannies and oppressions , and deifying him after a most scandalous rate , is a mystery to me : the publication of this licentious book , was so apparently destructive to religion , and so dishonourable to god , and the king , that the pious and sober clergy of that time , absolutely refused either to read it , or to permit it the said abominable declaration to be read ; and how barbarously , and unchristianly they were used for their refusal , is too well known . that gave wicked , arbitrary and tyrannical orders , instructions and commissions to the earl of strafford , lord lieutenant of ireland ; all which , the said earl , took such care to execute , that the parliament which was made up of grave , able , and discerning persons , fell so severely upon him , that they caused him to be committed to the tower , impeached him , and soon after caused him to be according to his deserts , beheaded . he pleaded the king's authority for what he had done , but the commons saw no reason to acquit him . 't was observed , that tho the king and queen would not publickly solicite for his relief , yet several secret instances were made by them both , to save him that had obeyed their commands , &c. but the just cries of the people , &c. necessitated the king against his will to sign the warrant for his execution . and having now given a short account of the earl of strafford , i think it proper for the satisfaction of all those good people , that desire to be rightly informed , for what laud archbishop of canterbury was most justly beheaded . the house of commons having proof , that he had a great hand in all the arbitrary proceedings and dealings with rome , december th . . they voted him to be a traytor ; and mr. hollis was sent to the lords , to accuse him of high-treason , which he did immediately ; assuring the lords , that in convenient time , there should be a charge put in against him , to make good the accusation , desiring that he might be sequestred from the house and committed , which was forthwith done by the lords . the articles wherewith he was charged , consist of these heads , &c. . for that he had treacherously endeavoured to subvert the fundamental laws and government of the kingdom of england ; and instead thereof to introduce an arbitrary and tyrannical government against law. . that he had laboured to overthrow the authority of parliaments , and the force of the laws of the kingdom of england . . that he had laboured to corrupt and pervert the ministers of justice . . that he himself had corruptly bought and sold justice in his seat. . that he had put a new book of cannons in execution against law. vide vol. d . part of rushworth's hist. collect. fol. . & sequent . . that he had traytorously assumed to himself a pap̄al and tyrannical power , both in ecclesiastical and temporal matters . . that he had laboured to subvert the protestant religion , and instead thereof , to set up popish superstition and idolatry . . that he had prefer'd notorious papist to places of dignity . . that he had chosen to himself a chaplain popishly affected . . that he had kept confederacy and intelligence with popish priests and jesuits . . that he had cruelly persecuted godly ministers . . that he had laboured to make divisions and discord between us and other churches . . that he had stir'd up war and enmity between his majesties two kingdoms of england and scotland . . that he had slandened , and incensed his majesty against parliaments . . that he had laboured to slander parliaments with the nick name of puritans , and commended the papists for harmless and peaceable subjects . . that he had traytorously indeavoured to advance the power of the council table , the cannons of the church , and the king's prerogative , above the laws and statutes of the realm . . that he had wittingly and willingly , harboured , countenanced and relieved , divers popish priests and jesuits : and particularly one call'd , sancta clara alias damport a dangerous person , and franciscan fryar ; and did also provide maintenance , and entertainment for one monsieur st. gyles , a popish priest at oxford , knowing him to be a popish priest. . that he had threatningly said , there must be a blow given to the church , such as had not been yet given , before it could be brought to conformity . . that he punished divers ministers in prosecution of the last cannons , made by himself . . that he had wickedly and malitiously advised his majesty to dissolve the last parliament , and presently after it was dissolved , told his majesty , that then he was absolved from all rules of government , and left free to use all extraordinary ways for his supply . these were the chief heads of the charge against that proud , popish , and arbitrary prelate , for which he was sent prisoner to the tower. after some close inquiries and examinations taken from the informations of the late lord deputy of ireland ; it was sufficiently known , that the archbishop was the conduite pipe , through which the popish party , made the pernicious seed of division run so smoothly ; that he was the wicked instrument they made use of to stir up the division between the two kingdoms of england and scotland , and between the protestants of the church of england and the presbyterians . these heavy charges being made good against this bishop , and he most righteously executed for these his notorious evil actions , why are most of our clergy , and some of our laity so wicked , as to vindicate him , and without the least reason , or shaddow of truth , cry him up for a blessed martyr , that had violated all the laws of the land , and was so great a cause of most of the miseries of england ? that to prevent the peoples being too religious , advised and highly promoted the declaration of sports on the lord's day ; a time so odious in the sight of any thing of a christian , that it ought never to be forgotten . . that after he had compleatly acted the part of a great tyrant , and thereby had justly lost the general love , esteem , and affection of the best protestants of the three kingdoms . he willingly consented that bishop gauden , bishop duppa , &c. should compose a book , and call it , his portraicture or picture ; and this book the king was to own as his , that it was composed by him , when god knows he had neither so much piety , nor capacity , as that work re-required , though as a noble peer lately said , let that book be written by the king , on by any body else , there is little in it that deserves esteem . the design of this book was three-fold ; the first was , by the lies thereby , to justifie the king 's arbitrary and illegal actions ; secondly , heavily to load the people of england with rebellion , &c. for standing up for the legal liberties and properties belonging to them , though absolutely forced thereunto , to prevent the inundation of misery and popish slavery , that the king and his wicked court favourites were then bringing on the three kingdoms ; thirdly , the cunning drift of the factious and defeated party , design'd to make the same advantage of his book , as they did before of his regal name and authority , and intended it , not only for a defence of the king 's former actions , but also for promoting their own future designs . as for the book , who ever is the real author , has no occasion to value himself for that work , two things being with the greatest ease to be prov'd upon him . first , that he is a most notorious lyer , both as to his assertions of the king's innocency of those sad matters justly laid to his charge , and also of his many unjust accusations of the people of england ; and secondly , that he was a thief , and had so much piety , as to have recourse to the famous sir philip sydney's arcadia ( a romance ) in the time of his troubles , and from thence to steal the prayer of pamelia ( to an heathen diety ) being under imprisonment ; not finding a suitable form in the liturgy , psalms of david , or any other places of the sacred scripture . and that the reader may be satisfied of the truth of this piece of thievery , i have thought fit to print both prayers in collums one against the other . that of pamelias may be found in pembrook's arcadia , p. . edit . printed . that of king charles i's , is call'd a prayer in time of captivity , printed in a great folio , call'd , the works of king charles , and also in his eicon basilike . the king's prayer . pamelia ' s prayer to the heathen deity . o powerful , o eternal god , to whom nothing is so great , that it may resist , or so small , that it is contemn'd ; look upon my misery with thine eye of mercy , and let thine infinite power vouchsafe to limit out some proportion of deliverance unto me , as to thee shall seem most convenient . let not injury , o lord , triumph ever me , and let my o all seeing light , and eternal life of all things , to whom nothing is either so great , that it may resist , or so small , that it is contemn'd ; look upon my misery , with thine eye of mercy , and let thine infinite power vouchsafe to limit out some proporrion of deliverance unto me , as to thee shall seem most convenient . let not injury , o lord , triumph over me and 〈◊〉 〈◊〉 faults by thy hand be corrected , and make not mine unjust enemies the minister of thy justice . but yet , my god , if in thy wisdom , this be the aptest chastisment for my unexcusable folly ; if this low bondage be fittest for my over high desire ; if the pride of my ( not enough humble ) heart be thus to be broken , o lord , i yield unto thy will , and joyfully embrace what sorrow thou wilt have me suffer ; only thus much let me crave of thee ( let my craving , o lord , be accepted of thee , since even that proceeds from thee ; ) let me crave even by the noblest title , which in my greatest affliction , i may give my self , that i am thy creature , and by thy goodness which is thy self ; that thou wilt suffer some beam of thy majesty to shine into my mind , that it may still depend confidently on thee ; let calamity be the exercise , but not the overthrow of my vertue ; let their power prevail , but prevail not to destruction ; let my greatness be their prey ; let my pain be faults by thy hand be corrected , and make not my unjust enemies the ministers of thy iustice. but yet , my god , if in thy wisdom , this be the aptest chastisment for my unexcusable transgression ; if this ungrateful bondage be fittest for my over high desires if the pride of my ( not enough humble ) heart be thus to be broken , o lord , i yield unto thy will , and chearfully embrace what sorrow thou wilt have me suffer ; only thus much let me crave of thee ( let my craving , o lord , be accepted of , since it even proceeds from thee ) that by thy goodness , which is thy self , thou wilt suffer some beam of thy majesty , so to shine in my mind , that i , who in my greatest affliction , acknowledge it my noblest title to be thy creature , may still depend confidently on thee ; let calamity be the exercise , but not the overthrow of my vertue ; o let not their prevailing power be to my destruction ; and if it be thy will that they more and more vex me with punishment , yet , o lord , never let their wickedness have such a hand , but that i may still carry a pure mind and stedfast resolution , ever to serve thee without fear , or presumption , yet with that humble confidence , which may best please thee ; so that at last i may come to thy eternal kingdom , through the merits of thy son our alone saviour . iesus christ. amen . the sweetness of their revenge ; let them ( if so it seem good unto thee ) vex me with more and more punishment ; but , o lord , let never their wickedness have such a hand , but that i may carry a pure mind in a pure body ; and pausing a while , o most gracious lord , said she , whatever becomes of me , preserve the vertuous mu idorus . having now given an account of the design of publishing this special book , and also what it is composed of , i shall now produce divers reasons ( enough i think to convince any rational man that will not be willfully blind . and first , i shall give you the noble earl of anglesey's memorandum , perfixt before the book reputed to be king charles i's , called , icon basilice , and found by edward millington , who sold the said earl's library , all written with the earl's own hand , in these words : king charles the second , and duke of york , did both ( in the last session of parliament , . when i shew'd them in the lord's house , the written copy of this book , wherein are some corrections , and alterations written with the late king charles i's own hand , assure me , that this was none of the said king 's compiling , but made by dr. gauden , bishop of exeter ; which i here incert for the undeceiving others in this point , by attesting so much under my hand . anglesey . this noble earl's advertisement , or memorandum , must have the greater weight , for that he concealed it ( for ought i can hear ) from the publick , which doubtless he would not have done , if he had had any design to carry it on by making it publick . this memorandum being true , the world has the words of two kings , that bishop gauden , and not king charles , composed this lying book : for further proof , that dr. gauden writ this book , take a summary account of some papers relating , eicon basilice , now , or lately in the hands of mr. north , merchant , living on tower hill , london ; whereby it appears that dr. gauden , late bishop of exeter , and afterwards of worcester , was the author of that book , and not king charles i. as the world hath for above forty years been imposed upon to believe . mr. north is a worthy person , and a member of the church of england ; he , and mr. charles gauden ( the bishop's son ) married two sisters , and mr. gauden dying about ten years since , all his papers were left with his widow , and mr. north having occasion to look them over , for some relating to his sister-in-laws affairs , found these relating to the eicon basilice , carefully tied up together . mr. north , by reason of his marriage , had many years acquaintance with bishop gauden's family , and knows that the bishop's widow , at first gave them to her darling son , john gauden , and upon his death , they came to mr. charles gauden . and further , that in his many years knowledge of that family , it hath constantly , and without any manner of doubt , been declared , that the bishop was the author of the book . there are several letters and papers , i shall briefly give the contents of them , for the truth of which , i shall refer to the original papers , and to those many reverend and worthy persons , who have read , or been at the reading of them . bishop gauden , at the time of king charles the second's restauration , was incumbent of bocking in essex , and from that fat parsonage was promoted to the lean bishoprick of exeter , which he complain'd was not sufficient to keep up the port of a bishop , and thought that by his merits he might lay claim to a better ; and the death of dr. duppa , bishop of winchester , being daily expected , he apply'd himself to the king , with great importunity , to be translated thither ; pleading his desert , which , as is evident from the papers i mention , could be no other than that of having written a book which did such great service to the royal family , that king charles the d . thought himself oblig'd to promise him that bishoprick , tho' when it became void gave it to an other . . there is letter from sir edward nicholas , secretary of state , to dr. gauden , dated january , wrote by the king's command , intimating the king had received his letter , and that he should not have cause to complain of his removal from bocking . . in the bishops letter to chancellor hide , dated . december , and his petition to the king , the bishop sets forth , that he had an high rack [ the bishoprick of exeter ] but empty manger ; and declares what hazards he had run of life and estate ; and what great advantage had accrued to the crown by his service : that what he had done was for comforting and incouraging of the king's friends , exposing his enemies , and converting , &c. he pleads that what was done like a king , should have a king-like retribution ; and instances in the cases of joseph , mordecai , and daniel , who were honoured and rewarded for the service they did to the respective princes , ( tho' as he observes ) they were captives in a strange land. . the bishops letter to the duke of york , dated the th of january : strongly urges the great services he had done , and importunately begs his royal highness , to intercede for him with the king. . there is an original letter from the lord chancellor hide ( all of his own hand writing ) to the bishop of exeter , dated th . of march , importing , that the chancellor had received several letters from him : that he was uneasy under the bishop's importunity , excuses his not being yet able to serve him ; speaks of annexing a commendum to his bishoprick ; and towards the close it hath this remarkable expression , the particular you mention , has indeed been imparted to me as a secret ; i am sorry i ever knew it , and when it ceases to be a secret , it will please none but mr. milton . this is subscribed , edw. hide , c. . mrs. gauden after the death of the bishop , writes to her son mr. john gauden , that she had sent him an hogshead of cyder , and orders some pictures to be sent her by the same man. in this letter she speaks of the book commonly call'd the kings ; she calls it the jewel ; and tells her son , that her husband hoped to make a fortune by it , and wonders it should be doubted whether her husband wrote it ; but says , she has a letter of a very great man 's that will clear it up . . there is also a long narrative of mrs. gauden's hand-writing , shewing , that her husband wrote the book . this she sent to her son , with the letter , wherein she said , she had sent it that she might be a clavis to him . the narrative sets forth , that after her husband had wrote the book , he shewed it to the lord capel , who approved it , and was for the printing of it ; but wished the king might have a sight of it . that an opportunity was taken to convey it to his majesty by the lord marquiss of hertford , when he went to the treaty at the isle of wight . that the marquiss after his return from thence , told her husband , that he gave the book to the king ; and his majesty did not like it , but was for putting it out , not as his own , but another's . but it being urged , that cromwel , and others of the army , having got a great reputation with the people , for parts and piety , it would do best to be in the king's name . his majesty took time to consider of it . that the marquiss told her husband , he knew not what was become of the papers ; and said , god knows what will become of the king. that her husband not hearing the king's pleasure about it , and finding danger hastening on him , he having kept a copy by him , sent it by one mr. symmonds , a persecuted minister , to the press , together with a letter . that mr. royston was the painter , but did not know but the king wrote it : that part of it was seized in the press , together with her husband's letter , and mr. symmonds was taken . nevertherless the work was carried on , and finished a few days after his majesty's death : that when it was published , the parliament was enraged ; and her husband conceiving his life and estate to be in danger , fled to sir john wennworth's , near yarmouth , intending thence to pass the seas : but mr. symmonds falling sick , and dying soon after , not having been examin'd , and it not being discovered that her husband was concern'd in it , ( the letter which had been taken having no name to it ) he altered his purpose , and returned home . that there was an epistle at first intended : that the first title was suspisia regalia , but changed to eicon basilice ; and that there were two chapters added . that the marquiss of hertford , the lord capel , bishop duppa , and bishop morley , were at first the only persons privy to it . that after the king's restoration , dr. morley told her husband , that his merit was such , that he could ask nothing but he could receive it . that duppa , bishop of winchester , being very sick , her husband went to the king , and acquainted him that he was the author of the book ; and for the truth thereof appealed to bishop duppa , his majesty's tutor , who was yet living ; and made an apology for printing it , without his majesty's father's order , or his ; but pleaded the circumstances of time , and the king's danger . that his majesty told her husband , that till then , he never knew that he wrote it , but thought it was his father's ; yet wondred how he could have time : and observed that it was wrote like a scholar , as well as like a king ; and said that if it had been published sooner , it might have saved his fathers life . that at the same time the king gave him a promise of the bishoprick of winchester . that when he afterwards acquainted the duke of york that he was the author of that book , yet went under his father's name , the duke answered , he thought his father wrote it . that her husband then told his highness , that the king had promised him the bishoprick of winchester ; and that his highness assured him of his favour . that bishop duppa dying , her husband apply'd to the king upon his promise ; but dr. morley , ( who had told her husband that he might have what he would ask ) got it ; and her husband was made bishop of worcester ; but having enjoy'd it but about half a year , fell sick and dyed . that she petitioned the king ; setting forth . that her husband left her a widdow , with four sons and a daughter : that it cost her husband l. to remove from exeter to worcester ; and pray'd his majesty to bestow the half years rents upon her , which he denied , and gave them to another . reader , take notice , this is the substance , tho' not perhaps the express words of mrs. gaudens papers , and it could be wished , that the papers themselves were made publick , then this short account would be fully justified . i cannot dismish this matter without admiring the remarkable providence of god , in the several steps towards the discovery thereof , which was the interest of so great a number of men , to have for ever concealed and buried . and . had not dr. gauden been disappointed of the bishoprick of winchester , we should never have heard of his compiling the icon basilice ; nor would he ever have bragg'd , that he had done like a king , if he had had a king-like retribution . . had mrs. gauden but been made bishop of worcester for half an year , she would probably have robb'd her husband of the glory of this book , and suffered it to have been for ever a jewel of the crown . that the world may have a further satisfaction in this matter , i shall give a short account of what the reverend and pious dr. walker , lately rector of feyfield in essex , hath written and published a short time before he died , in answer to the ignorance and lying impertinence of dr. hollingworth , dr. anthony walker , in this book call'd the true account of the author , of a book entitled , icon basilice , &c. gives the reason of his writing on this subject . it was occasion'd by dr. hollingworth's reproachful charge on him , for declaring , that king charles i. was not the author of that book . he secondly , solemnly appeals to the searcher of hearts , avenger of falshood , and revealer of secrets ; that he will write nothing for truth , that he was not thoroughly perswaded of , and that by as full evidence as he judged such a matter of fact wanted , and at such distance of time , is capable of . thirdly , that he will with undisguised openness , produce the means of his knowledge , the reasons of his belief , and the probable arguments upon which his opinion is grounded . his word are these : fol. . sect. . i know and believe the book , whose author is enquired after , was written by dr. gauden , ( except two chapters writ by bishop duppa ) so far as the subjoined means may produce such knowledge , and the reasons may induce such belief . first , dr. gauden , sometime before the whole was finished , was pleased to acquaint me with his design , and shewed me the heads of divers chapters , and some of the discourses written of them , and after some time spent in persual , he vouchsaft to ask my opinion concerning it , and after some consideration , i told him , i supposed , it would be much for the king's reputation , honour and safety : but i expresly added , i stuck at the lawfulness of it , and modestly asked him , how he satisfyed himself , so to impose upon the world ? to which he so readily replied , that i concluded he had thought on it before , viz. look on the title , 't is the portraicture , &c. and no man draws his own picture , which satisfyed himself ; and that he perfectly remembers , that in the chapter of the earl of strafford , in the first edition , p. . l. , , . he explain'd , that he meant dr. juxton , then bishop of london , in the following passage , viz. he only hath been least vext by them , who counsel'd me , not to consent against the vote of my own conscience . secondly , that some good time after , what had passed as now related , we being both in london , and having dined together , dr. gauden in the afternoon desired me to walk with him to a friend ; when we were gone part of the way , he told me he was going to the bishop of salisbury , dr. duppa ( whom he had acquainted with his design ) to fetch what he had left with his lordship to be perused , or to shew him what he had further written , desired me after a little conversation , to with-draw and leave them two alone , which i did , and after they had been some considerable time together , dr. gauden returned , and in the street gave me this account of their conference . my lord of salisbury told me there were two subjects more , he wished i had thought on , and propounded them to me , viz. the ordinance against the common prayer book , and the denying his majesty the attendance of his chaplains ( which are now the th . and th . chapters in the printed book , and desired me to write two chapters upon them , which i promised , i would . but before we parted , he recalled that request , and said , i pray go you on , to finish what remains , and leave these two to me : i will perpare two chapters upon them , which accordingly he did , as dr. gauden owned to me and others whom he had made privy to the whole , and never pretended to have written these , as he did to have done all the rest . thirdly , sometime after the king was beheaded , i asked dr. gauden , whether the king had ever seen the book ? he gave me this answer , i know it certainly , no more then you ; but i used my best endeavours he might , for i delivered a copy of it to the marquess of hartford , when he went to the treaty at the isle of wight , and intreated his lordship , if he could obtain any private opportunity , he would deliver it to his majesty , and humbly desire to know his pleasure concerning it . but matters running then high against the king , he had no answer by that lord. fourthly , after he was lord bishop of worcester elect , i asked him in private , whether that king charles ii. knew that he wrote it ? he gave me this answer ; i cannot possitively and certainly say , he doth , because , he was never pleased to take express notice of it to me . but , i take it for granted , he doth ; for i am sure the duke of york doth , for he hath spoken of it to me , and own'd it as a seasonable and acceptable service , and he knowing it , i question not but the king also doth . fifthly , mrs. gauden his wife , mr. gifford ( who , if i am not mistaken , transcribed that copy that was sent to the isle of wight ) and my self , believed it as much as we could any thing , and when we spake of it in his presence , or absence , did it , without the least doubt of his having writ it ; and we should be imposed upon to the highest degree imaginable , if dr. gauden wrote it not . sixthly , dr. gauden delivered to me with his own hand , what was last sent up ( after part was printed , or at least in mr. royston's hand to be printed ) and after he had shew'd it me , and sealed it up , gave me strict caution , with what wariness to carry and deliver it , and according to his direction , i delivered it , saturday december d . . in the evening to one peacock ( brother to dr. gauden ' s steward or bayliff ) who was instructed by what hands he should transmit it to mr. royston , and in the same method , a few days after the impression was finished , i received six books by the hand of mr. peacock , as an acknowledgment of that little i contributed to that service ; one of which i have still by me , and to justifie this matter against the ignorant impudence of dr. hollingsworth , he declares fol. . that he is ready to confirm his knowledge and belief herein with a solemn oath . mrs. gauden , widow , residing at gloucester , and often declaring that her husband had writ that , call'd , the king's book , it coming at last to the knowledge of dr. nicholson then bishop of gloucester , who desiring to be fully satisfied in that point , did put the question to her , upon her receiving the sacrament , and she then affirmed , that it was wrote by her husband . this , persons of undoubted credit now living in gloucester , can affirm for a truth ; and it is not question'd , but the present bishop of gloucester , will acknowledge that those persons have related this matter to him , that it is well known to mrs. gauden's brother , and several of her relations , that mrs. gauden constantly in her conversation , declared , that her husband was the author of this book . i could , if necessity requird , produce a great many arguments more out of doctor walkers , or other writings , to prove the truth of this matter , but shall conclude it with this one of the doctors , in reference to the providence of this discovery . though god had many holy , righteous and gracious ends to serve his providence by , in the publication of this book ; yet as i find it expressed in this very book , chap. the last p. . of the first edition . god's wise providence ( we know ) oft permits many events , which his revealed word , in no sort approves . and , i confess , i have many cogent reasons to persuade me , that god was not well pleased with dr. gauden , others , or my self ; for what we contributed to it . and though for the aforesaid ends , he suffered it to succeed , yet i know not but he may have other ends now to serve , by suffering this discovery to be wrung , and rested from me , ( i had almost said ) by some bodies ( viz. hollingworths ) impertinent affectation , to meddle with what he understands not . thus spake that good man. i had not enlarged so much on this st . article , but that i was desirous of giving full satisfaction to the world , of the real author of eicon basilice . that posterity might not be deceived by the many impudent , ignorant , false , and scandalous assertions of most of the clergy , and too many of the laity , who to their eternal shame have taken more care and pains to defend that book , and its pretended author king charles i. than they done to vindicate the holy bible , and the truth of the christian religion . . that caused the star-chamber and high-commission-courts to be made use of , to the general grievance of the people of england , and was unwilling to part with them , till he found these courts were highly offensive to the parliament , and that it was not seasonable to displease the kingdom at that time , for which reasons at last he pass'd the bills to take them away : and indeed there were many , and great reasons , why those abominable oppressive courts should be pull'd down , and taken away . for that old serpent arch-bishop laud , and divers of his brethren , had cast off all humanity , and were metamorphosed into ravenous wolves , and these courts were under their management . the star-chamber had abounded in extravagant censures , whereby the subjects were oppress'd by grievious fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gags , banishments , &c. and the high commission court , was grown to such excess of sharpness and severity , as was not much less than the spanish inquisition . to repeat two or three of the many instances of the horrid oppressions , and barbarous cruelty , exercised in these tyrannical courts . upon the th . of february , . dr. leighton coming out of black fryers church , ( it seems then he was no conventicler ) was seized by a warrant from the high commission court , and dragged to bishop laud's house ; from thence without any examination , he was carried to new-gate , and there clapt into irons , and thrust into a nasty hole , where he continued from tuesday night , till thursday noon , without meat or drink : they kept him in that loathsome place , where snow and rain beat in upon him fifteen weeks , not permitting his wife , or any friend , to come near him , and denyed to give him a copy of his commitment ; then they brought him into the star-chamber court , where an information was exhibited against him , for publishing a book , call'd , lyon's plea against the p●lates . dr. leighton confess'd , that in . he drew up the heads of that book , and having the approbation of five hundred persons , under their hands , some whereof were parliament men. he went into holland , and got between five and six hundred printed for the use of the parliament ; but they being dissolved , he returned home , not bringing any of them into the land , but made it his special care to suppress them . in the same information , the doctor was charged with these words in the said book ; he do not read of greater persecutions of god's people in any nation professing the gospel , then in this our island , especially since the death of queen elizabeth . he confessed the words , and answered , that the thing was too true , as appeared by the prelates taking away life and livelihood from many ministers and private men ; of whom , many were pined to death in prison , and many wandred up and down , their families being left desolate and helpless : that besides this , the blood of souls had been endanger'd by the removal of the faithful shepheards from the flock ; this was a cutting truth . and wicked laud , being enraged , desired the court to put the highest censure that could be put upon him ; which they did to his content , condemning him to have his ears cut , his nose slit , to be branded in the face , whipped at a post , to stand on a pillory , to pay ten thousand pound fine ( tho' they knew he was not worth so much ) and to be perpetually imprisoned . this hellish sentence being past , that vile wretch laud was so well pleased with it , that he pull'd of his cap , and holding up his hands , gave thanks to god who had given him victory over his enemies . this sentence being so miserably severe , the execution thereof was little expected . but , laud had his design ; for upon the th . of november , . the censure was executed in a most cruel manner , his ears were cut , his nose slit , his face branded with burning irons , he was tyed to a post , and whipped with a treble cord , to that cruel degree , that he himself writing the history thereof ten years after , affirmed that every lash brought away the flesh , and that he should feel it to his dying day . he was lastly , put into the pillory , and kept there near two hours in frost and snow ; and then , after this most barbarous usage , not permitted to return to his quarters in the fleet prison , in a coach provided to carry him , but compelled in that sad condition , and severe season , to go by water . after this , was kept ten weeks in dirt and mire , not being sheltered from rain and snow ; they shut him up most closely , twenty two months , and he remain'd a prisoner ten or eleven years , not suffered to breath in the open air , until that noble parliament of november , . most happily delivered him . when he came abroad to prosecute his petition , in that parliament , he could neither go , see , nor hear . this dismal story , will be an eternal blot , not only on laud , who was the chief instrument in that sad oppression , but also upon the pretended martyr king charles , for permitting such barbarous , and inhumane cruelties to be exercised on his subjects . i shall shew you something more of this bloody villains barbarity , viz. that upon the first of february , . laud procured mr. prin , to be sent close prisoner to the tower , there he lay till the st . of june , . when an information ( without mentioning any particular passages in his book ) was exhibited against him , in the star chamber court , for publishing a book concerning interludes , intitled , histriomastix , which was licensed by a chaplain of dr. abbatts , archbishop of canterbury . upon the th . of february , . notwithstanding his book was licensed , yet he had this heavy sentence passed upon him , viz. to be imprisoned for life , pay five thousand pounds fine , be expelled lincolns-inn , disabled to exercise the profession of a barrister , degraded by the university of oxford of his degrees there taken ; and that done , to be set in the pillory at westminster , and have one of his ears there cut off , and at another time , to be set in the pillory in cheap-side , and there to have his other ear cut off . though many of the lords never dreamt of the execution of this horrid judgment , nay , though queen henrietta maria , ( which deserves an honourable mention ) and she shall have it , for she was the present king 's royal grandmother , earnestly interceded with the biggotted , cruel , and merciless king , ( who was an abominable t — ) to remit its execution ; yet on the th . and th . of may , it was fully executed with great rigour , and mr. prin remain'd sundry years in the tower upon this censure . mr. burton , and dr. bastwrick , were also without the least just cause violently prosecuted after the same manner ; it will be too tedious to relate theirs and others unchristian uses ; when tyranny and arbitrary power were rampant . . that against the law of nature , against the rules of iustice , falsely charged those innocent men , the noble lord mandeville , mr. hollis , mr. strode , and others , with treason , for which in the face of the highest iudicature in the kingdom , they were most unjustly imprisoned , the king denying them the names of their accusers ; and which was an act of tyranny beyond parrallel , he accused them , and yet would produce no witness , he confessed them clear in his own iudgment , yet they must not profess their own innocency for fear of wounding his honour . . that was not satisfied with imprisoning and oppressing some of the parliament men , but tempted and incouraged his english army , with no less than the spoil of the city of london , to come up and destroy the parliament . he in an hostile and inexcusable manner , made a most high invasion upon the priviledges of both houses ; hereupon many citizens unarm'd , resorted to westminster to present their petitions , and express their stedfastness to the parliament , whose lives and safety , by more than slight rumours , they doubted to be in danger ; the king having fortified white-hall , and entertained armed men , not a few , planted them at the gate of his palace . [ 't is remarkable , the first blood that was drawn in this cause , was in that very place where the king 's own blood was afterwards shed , k. . . ] where they reviled , menaced , and with drawn swords , actually wounded many of the citizens , as they passed by in a peaceable manner , whereof some dyed . nay , they went farther , and were come to that height of boldness , as to give out insolent and menacing speeches against the parliament it self , and to imbrue their hands in the blood of the king's subjects in westminster-hall , and at the doors of the parliament , as well as at his own gate . and when the parliament and people complain'd , and demanded justice for those assaults , the king justified and abetted his own crew in what they did . nor can the passing by of a multitude of the king's subjects , armed with no other weapons then petitions , be justly call'd tumults ; neither could the parliament have forbid them , without the breach of the peoples freedom . unarmed petitioners surely could not le formidable to any ; and it must not be forgotten , that a very short time before his majesty pretended to dread these tumultuary citizens , the city entertained , feasted , and conducted him to white-hall , with as pompous sollemnity , and costly expressions of love and duty , as ever had been known . nay , after he had highly exasperated the people by his irruption with the house of commons , he went in his coach unguarded into the city : he received not the lest affront , much less , violence in any of the streets , but rather humble demeanours and supplications . he knew the people so full of awe and reverence to his person , as to commit himself single amongst the thickest of them , at a time when had most● provoked them : this shews beyond doubt , that all his fear of tumults , was but a meer pretence , and occasions taken for his resolved absence from the parliament , that he might turn his slashing at the court gate , to slaughtering in the field . in order thereunto , the king retires first to hampton court , commanding his servants , who were then members of parliament , to leave their service there , and to give their attendance upon his person . soon after , his popish queen passes into holland , carrying with her , all , or the the greatest part of the crown jewels , which she immediately pawn'd , and with the money bought arms and ammunition for the war which was not yet begun . upon the st . of march , . both houses called upon his majesty , by their petition presented at theobalds that for the dispatch of the great affairs of the kingdo● , the safety of his person , the protection and comfort of his subjects , he would be pleased to continue his abode near the parliament , and not to with-draw himself to any of the remoter parts , which if he should do , must needs be a cause of great danger and distraction ; and they pray'd him to accept this humble counsel , as the effect of that duty and allegiance which they ow'd unto him , and which would not suffer them to admit of any thoughts , intentions , or endeavours , but such as were necessary and advantagious for his majesties greatness and honour , and the safety and prosperity of the kingdom . ; these are expressions surely , that did not in the least favour of that sedition and rebellion , with which our wicked clergymen , charge the memory of this great and noble parliament . the king willingly giving himself up to the conduct of evil counsellors , was deaf to the importunate supplication of the lords and commons for his return ; they therefore called again upon him more earnestly , and sent after him a declaration to new-market , by the earls of pembrook and holland , and a committee of the commons , wherein they laid before him the causes of their own fears and jealousies , in these particulars : . that the design of altering religion , had been potently carried on , by those in greatest authority about him ; the queen's agent at rome , the pope's nuncio here , are not only evidences of this design , but have been great actors in it . . that the war with scotland , was procured to make way for this intent , and chiefly fomented by the papists , and others popishly affected , whereof we have many evidences . . that the rebellion in ireland , was framed and contrived here in england ; and that the english papists should have risen about the same time : we have several testimonies , &c. the irish rebels affirm , that they do nothing but by authority from the king ; they call themselves the queen's army ; the booty which they take from the english , they mark with the queen's mark , and it is proved , that their purpose was to come to england , after they had done in ireland . . the labouring to infuse into your majesties subjects an evil opinion of the parliament , and other symptons of a disposition of raising arms , and dividing your people by a civil war , in which combustion , ireland must needs be lost , and this kingdom miserably wasted and consumed , if not wholly ruined and destroyed . . that your majesty sent away the lord digby by your own warrant beyond sea , after a vote had passed in the house of commons , declaring , that he had appear'd in a warlike manner at kingston upon thames , to the terror of your majesties good subjects ; that he being so got beyond sea , he vented his traiterous conceptions , that your majesty should declare your self , and retire to a place of strength , and intimated some service which he might do in those parts , whereby , in probability , he intended the procuring of some foreign force to strengthen your majesty , in that condition into which he would have brought you ; which malicious counsel , we have great cause to doubt , made too deep an impression in your majesty , considering the course you are pleased to take , of absenting your self from that parliament , and carrying the prince with you , which seems to express a purpose in your majesty to keep your self in a readiness for the acting of it . . the manifold advertisements which we have had from rome , venice , paris , and other parts , that they still expect that your majesty has some great design in hand , for the altering of religion , the breaking the neck of your parliament , and that you will yet find means to compass that design ; that the pope's nuncio hath sollicited the kings of france and spain to lend your majesty men a piece , to help to maintain your royalty against the parliament . these are some of the grounds of our fears and jealousies , which made us so earnestly to implore your royal authority and protection for our defence , and security , in all the ways of humility and submission , which being denyed by your majesty , we do with sorrow apply our selves to the use of that power [ viz. the militia ] which by the fundamental laws of this kingdom , resides in us ; yet still resolving to keep our selves within the bounds of faithfullness , and allegiance to your sacred person and your crown . and as to the fears and iealousies which his majesty seem'd to have entertained of them . the lords and commons thus answered . we have according to your majesties desires , laid our hands upon our hearts ; we have asked our selves in the strictest examination of our consciences ; we have searched our affections , our thoughts ; considered our actions , and can find none that can give your majesty any just occasion to absent your self from white-hall , and the parliament ; but that you may with more honour and safety continue there , than in any other place . your majesty lays a great charge upon us ; if you will graciously be pleased to let us know the particulars , we shall give a clear and satisfactory answer : but what hope can we have of ever giving your majesty satisfaction , when those particulars which you have been made believe were true , yet being produced and made known to us , appeared to be false ; and your majesty notwithstanding , will neither punish , nor produce the authors : but go on to contract new iealousies and fears , upon general and uncertain grounds , affording us no means or possibility of particular answer , to the clearing of our selves . we beseech your majesty to consider in what state you are , how easie and fair a way you have to happiness , honour , and greatness , plenty and security , if you will joyn with the parliament in the defence of the religion , and publick good of the kingdom ; this is all we expect from you . and for this we return to you , our lives , fortunes , and utmost endeavours to support your majesty , your just power and soveraignty over us ; but it is not words that can secure us in these our humble desires . we cannot , but too well and sorrowfully remember , what gracious messages we had from you this summer , when with your privity , the bringing up the army was in agitation : we cannot but with the like affections recall to our minds , how , not two days before your own coming to the commons house , you sent a gracious message , that you would always have a care of their priviledges , as of your own prerogative ; of the safety of their persons , as of your own children : that which we expect , which will give us assurance , that you have no thought but of peace and justice to your people , must be some real effect of your goodness to them , in granting those things which your present necessity of the kingdom do inforce us to desire ; and that you will be graciously pleased to put from you those mischievous counsellors , which have caused all these dangers and distractions , and to continue your own residence and the princes , near london and the parliament , which we hope will be an happy beginning of contentment and confidence betwixt . your majesty and people , and be followed with many succeeding blessings of honour and greatness to your majesty , and of security and prosperity to them . these are brief heads of the declaration , to which the king answered : have i violated your laws ? to which both houses made this pertinent reply . we are heartily sorry we have such plentiful matter of an answer to that question , have i violated your laws ? i must also take notice , that in the beginning of the year , . a time when the king was in appearance transacting matters amicably with the two houses , and we seemed to be in a deep peace ; a time when he declared , that he had received no other carriage from his parliament , than what he professed himself satisfied with ; and that if the bills he had past , were again to be offered , he should cheerfully and readily assent unto them . even then , he dispatch'd away letters , and an agent to the king of denmark , complaing of the parliament , and asking supplies from thence , ad propul sandos hostes , you know the english of that is , to subdue his enemies , and declared himself in these words ; ad allia consilia animum convertendum duximus : we resolve to betake our selves to new counsels . the very words he used to that parliament in the year , . further , upon the discovery of his plot to bring up the english army against the parliament , he turn'd to the scottish army then at new castle , and baited his temptation with a rich reward , not only to have l. in hand , and the spoil of london , but four northern counties to be made scotists . moreover , to encourage them to joyn with him , he declared to them , that he was to have money and horse from denmark , and that he would make york the place of his residence , for the better accommodation of both nations , or fuller revenge upon london . he also gathered men in london , under pretence of raising forces for portugal , who were to possess themselves of the tower. the queen in holland was buying arms , and his majesty had actually raised forces in divers counties . the parliament was all this time petitioning in peace ; and for the reasons now assigned amongst many others , they humbly besought him , that he would be pleased to put the tower of london , and the militia , into the hands of such persons , as should be recommended unto him by both houses of parliament . the king seemed to comply herein , and by his answer promised them , that the militia should be put into such hands , as they should approve of , or recommend to him ; hereupon both houses nominated persons of the greatest honour , as fit for that trust. i shall give you the names of some of them ; the earls of holland , rutland , bedford , bullingbrook , salisbury , warwick , pembrook , leicester , stamford , essex , clare , northumberland , lincoln , suffolk , &c. lords , paget , north , strange , roberts , grey of werk , chandois , dacres , mandeville , wharton , spencer , brook , herbert , fielding , littleton , lord keeper , &c. men eminent in all qualifications of honour and sufficiency were recommended for several counties , and the king was desired to agree thereunto , as he had promised ; upon his delaying to give a satisfactory answer , they again petition , setting forth , that nothing could enable them to suppress the rebellion in ireland , and secure england , but the granting of their humble petition , which they find so absolutely necessary for the preservation of the king and common-wealth , that the laws of god and man injoin them to see it put in execution . they followed him to theobalds , and his several removes to york , but he having abdicated the parliament , and being deaf to all their importunities , they declared , that there had been of late a most desperate design upon the house of commons , which they had just cause to believe was an effect of the bloody councels of papists , and other evil affected persons , who had already raised a rebellion in ireland , and by reason of many discoveries , they could not but fear they would proceed , not only to stir up the like rebellion and insurrection in this kingdom , but also to back them with forces from abroad ; and thereupon , both houses made an ordinance for the ordering of the militia of england and wales , there appearing an urgent and inevitable necessity for putting his majesties subjects in a posture of defence for the safeguard of both his majesty and his people ; and they resolved , that in this case of extream danger , and of his majesties refusal , the ordinance agreed to by both houses for the militia , doth oblige the people , and ought to be obeyed by the fundamental laws of this kingdom . they further about that time resolved , that the king's absence so far remote from his parliament , was not only an obstruction , but might be a destruction to the affairs of ireland . these ( and many other ) reasons that may , with the greatest ease be given , 't is notoriously manifest , that king charles began , and carryed on , that bloody civil war against his poor subjects without the least colour of reason and iustice , for which wicked acts , god justly suffered him to be brought to that shameful and untimely end. this king studdying and endeavouring by all ways imaginable , as he lived without the love , so he died without the lamentation of most people , but those villains , that had been large instruments , in bringing him , and his people , into that miserable war and division . . that after he had taken god to witness of his readiness to treat at uxbridge with the parliament for avoiding of blood-shed ( as pretended ) he took the advantage of a mist , the fittest weather for deceit and treachery , and followed at the heels , those messengers of peace , with a train of covert war , and with a bloody surprise falls on the parliaments secure forces , which lay quartering at brentford , in the thoughts and expectation of a treaty . he gives his reason why he seemed for peace , in a letter to his queen , which was , that she must know as a certain truth , that all , even his party , are strongly impatient for a peace , which oblidged him so much the more to shew on all occasions his intentions to peace ; but tells her , no danger of death shall make him do any thing unworthy of her love. an excellent resolution no doubt , for the preserving the protestant religion , made to his popish queen . at the very instant of this treaty , which was in . the king used all imaginable meams to bring not only foreign forces , but the irish cut throats , against the parliament . to clear up this point , and also to shew how insincere he was in his pretended intentions of peace , i will briefly present his underhand transactions , as well with foreign princes , as those rebels ; and in the first place , i shall take notice of some passages between him and the queen , in relation to this , and other treaties . in a letter to her of january th . . he writes thus : the scots commissioners have sent to me to send a commission to their general assembly , which i am resolved not to do , but to the end of making some use of this occasion , by sending an honest man to london , and that i may have the more time for a handsome negative , i have demanded a pasport for phil. warwick , by whom to return my answer . at another time the same month he tells her , that as for my calling those a * parliament , if there had been but two of my opinion , i had not done it ; the calling did no ways acknowledge them to be a parliament , upon which condition and construction i did it , and accordingly it is registred in the council books . nothing is more evident , than that the king was steered by the queen's council , in the management of this uxbridge treaty , and that which is call'd the church of england [ the bishops ] was greatly her care . by letter in january . before the beginning of that treaty , she instructs him not to abandon those who have served him , lest they forsake him in his need ; that she hopes he will have a care of her , and her religion ; that in her majesties opinion , religion should be the last thing upon which he should treat ; for if he do agree upon strickness against the catholicks , it would discourage them to serve him , and if afterwards there should be no peace , he could never expect succours from ireland , or any other catholick prince . in another of her letters , we find her writing thus : january . . it comforts me much to see the treaty shall be at uxbridge . — i received yesterday letters from the duke of lorrain , who sends me word , if his service be agreeable to you , he will bring men. — above all , have a care not to abandon those who have served you , as well the bishops , as the poor catholicks . by the king's letters to the queen in february , when the treaty at uxbridge was depending , he stiles the parliament , unreasonable , stubborn , perfidious rebels , presses her to hasten all possible assistance to him , particularly that of the duke of lorrain . he tells her , that , the limitted days for treating are now almost expired , without the least agreement upon any one article , wherefore i send for enlargement of days , that the whole treaty may be laid open to the whole world , and i assure thee , thou needst not doubt the issue of this treaty ; for my commissioners are so well chosen , ( though i say it ) that they will neither be threatned nor disputed from the grounds i have given them , which ( upon my word ) is according to the little note thou so well remembers . — be confident , that in making peace , i shall ever shew my constancy in adhereing to bishops , and all our friends , ( which could be meant of no other than the catholicks ; for the queen in her letter before mentioned , had given him charge of both together ) and not forget to put a short period to this perpetual parliament . we find in another letter , dated the th . of march , expressing himself in these words : i have thought of one means more to furnish thee with my assistance , than hitherto thou hast had ; it is , that i give thee power to promise in my name , that i will * take away all the penal laws against the roman catholicks in england , as soon as god shall enable me to do it . in relation to ireland , he wrote to the marquess of ormond to this effect , jan. . the rebells here have agreed to treat , and most assuredly one of the first and chiefest articles they will insist on , will be , to continue the irish war , which is a point 〈◊〉 popular for me to break on , of which you are to make a double use ; first , to hasten with all possible diligence the peace there , the timely conclusion of which will take off that inconvenience , which otherwise i may be subject to , by the refufal of that article upon any other reason ; secondly , by dexterous conveying to the irish , the danger there may be of their total exclusion from those favours i intend them , in case the rebells here clap up a peace . not doubting of a peace , i must again remember you , to press the irish for their speedy assistance to me here , and their friends in scotland . — i desire that the irish would send as great a body as they can , to land about cumberland , which will put those northern counties in a brave condition . upon the th . ianuary , he writes thus to the queen : as for the peace of ireland , to shew thee the care i have had of it , and fruits i hope to receive from it , i have sent thee the last dispatches , i have sent concerning it . — for god's sake , let none know the particulars of my dispatches . [ some secret piece of villany against his protestant subjects no doubt , that he was so affraid of having it discovered . ] another letter to her of the th . of march , hath this expression : i find that thou much mistakes me concerning ireland , i desire nothing more than a peace there , and ever forbid thy commerce there . by another letter , he commanded ormond to dispatch the irish peace out of hand , and thereby promises , that the penal laws , against the roman catholicks , shall not be put in execution : the peace being made , and that when the irish give him that assistance which they have promised for the suppression of this rebellion , then he would consent to the repeal of them by a law ; and concludes , recommending to him again , the speedy dispatch of the peace of ireland . another letter to ormond , upon the th . of february . was , that he thought himself bound in conscience , not to lose that assistance which he might hope from his irish subjects , for such scruples as in a less pressing condition might reasonably be struck at by him , and therefore commanded him to conclude a peace with the irish whatever it cost ; so that his protestant subjects there might be secured , and his regal authority preserved . — if the present taking away the penal laws against papists will do it ( said he ) i shall not think it a hard bargin , so that freely and vigourously they engage themselves in my assistance against my rebells of england and scotland , for which no conditions can be too hard , not being against conscience or honour . by another letter to the marquess of ormond , in the same month , he writes thus : now again , i cannot but mention the necessity of hastning the irish peace , for which , i hope , you are already furnished by me , with materials sufficient . but in case ( against all expectation and reason ) peace cannot be had upon those terms , you must not by any means fall to a new rupture with them , but continue the cessation . ⸫ he wrote to the duke of richmond , one of his commissioners for the uxbridge treaty , to remember to cajole well the independants and the scots ; nay , he instructed secretary nicholas to bribe the commissioners for the parliament , with the promise of security , rewards and places . now upon the whole matter , let any impartial and unbyassed person tell me , whether he doth not in his conscience believe , that the parliament were far more sincere in making an honourable peace for poor england , than this apparently , false , popish , and tricking king , whom the wicked part of mankind so madly cry up for a martyr . . that for many reasons it was concluded , that king charles had no small share in the abominable act of poysoning his own father , king james i. and that good man , prince henry , his son. it being very plain , divers parliaments were but short lived ; if they did but mutter , that an enquiry should be made of their untimely ends , and that the duke of buckingham was protected for that , and other villanies . and that i may demonstrate to the world more fully than i have already done in the th . articles , that king charles i. did most dishonourably and persidiously betray the poor protestants of the isle of rhee and rochel . i shall produce copies of two of his letters to them . letter i. the king of england's letter , directed to the mayor , sheriffs , peers , burghers , and inhabitants of the city of rochell , dated th . of may , old stile . gentlemen , be not discomforted , though my fleet be return'd , hold out unto the last , for i am resolved , that all my fleet shall perish , rather than you shall not be relieved , and to this end i have countermanded it , and have sent ships to make them change their design , that they had taken to come back : i shall shortly send you some number of ships to reinforce it , and with the help of god , the success will be happy for that deliverance . your good friend , charles r. and on the st . in the morning , there came to rochell from england , a soldier bringing another letter from the king , dated th . of may old stile , sealed with the arms of england , which was as followeth : gentlemen , i have been troubled to here that my fleet was upon the point of returning , without answering my commands , which were to force the entry of your provisions , whatever came of it , and have given it new orders to return into your road , and not stir untill it hath relieved you with victuals , or that i have sent them an additional strength , for which i have caused men to work with all diligence ; be assured that i will never abandon you , and that i will imploy all the force of my kingdom for your deliverance , untill it please god to bless me with giving you an assured peace . given at our palace at westm. may . . old stile . gentlemen , your good friend , charles r. whosoever shall carefully read , and consider these two letters , and the sollemn declarations there , and observe how contrary to his royal word , he sacrificed these poor protestants , will have cause to harbour the worst of thoughts of this king , and to blush at the horrid impudence and impiety of those wicked wretches , that would make a saint and a martyr of him . and to demonstrate this treachery , i shall incert a copy of the remonstrance made by one of the deputies of the city of rochel , because it will very much illustrate the subject , and be as an eternal mark of infamy to the memory of that prince , and deserves to be engraven on brass , and wrote on marble , that so the remembrance of it may never be lost ; it is as followeth . a copy of the remonstrance of the sieur vincent , to the king of great britain , drawn out of his own journals . sir , the grief which obliges us to fill the ears of your majesty with our cries , and to reiterate them so often , ought to be extream to the last degree . behold us now , sir , prostrate at your feet , to wash them with our tears , and god almighty grant , that we do not in a little time , come to sigh out our last breath , with the news of the desolation of our city . we know not how , sir , to conceal it from you , the sence we have of her being at her last gasp , puts us into despair ; seeing the succours which your majesty hath made us hope would be ready , hath been deferred from day to day for many weeks together . sir , the city of rochell did by us beg of you , with all the humility they were capable of expressing , to receive them into your protection , and you as solemnly agreed to it ; since they have had at divers times , all the assurances possible , as well from your own month , as under the hand of your majesty , that you would never abandon them : whereupon by a miracle of constancy , they have held out hitherto firm a whole year , contending with the horrours of a most gastly famine , that thereby they might give your majesty , full leisure to send them the succours you were graciously pleased to promise them ; and thus constant and unshaken were they , even when all europe , believed they ought to have despaired , in that after they had relief , as they thought several days in their sight , it returned without effecting , or attempting any thing . and though our enemies have from thence taken occasion to make them divers overtures of accommodation , which their extream necessities seemed to counsel them to hearken unto ; yet they chose rather to run the hazzard of their utter destruction , then to be wanting in the least to the promises we had sworn for them to your majesty , or to shew they had the least diffidence of your protection . after all this , sir , shall it be recorded in the history of your reign ; that they perished in your hands without having reaped any other fruit of the good will your majesty hath professed towards them , and of the assurance they have therein relied upon ; then the rendring them irrecountable to their king , from whom otherwise they might have hoped to have found grace and favour ! pardon , sir , this , from a people who see themselves upon the very threshold of their sepulchers , if they cannot avoid sighs which may seem undecent in your royal presence . it is common for those that are near their end , to finish their lives with groans . in the name of god , sir , so long as there remains any breath in us , and before we do quite expire , command your succours to hasten to our assistance ; provided that diligence be yet used , we will remain caution to your majesty with the peril of our heads , that they will arrive time enough to save us . as to the impossibilities that some may be willing to find in it , permit us to tell you freely , sir , that those are only founded , either in their fear , or their very little affection for us ; and that besides the report which some persons unsuspected , have made to your majesty , we beseech you , be you judge , whether our city , which is within sight of the digne and pallisade , and carriage of her cannon , would send time after time to implore your assistance , if they thought it would be unprofitable to them , and if having every day offers of capitulation upon advantagious conditions , if they would hearken to it for themselves alone , they would be so imprudent to neglect the opportunity . but we are ready if it shall please your majesty to permit it , to take upon us the first risques and hazzards of the execution , to the end that we may be justified to all the world in the sincerity of our proceeding ; and that it may not be imputed to us , that we are prodigal of the blood of your majesties subjects to ill purpose , to be sparing of our own : no , sir , there is no such impossibility as what some would pretend . the only cause of our fears , comes from the slowness and continual neglects from one day to another , and one week to another , which makes our hopes recoil . after the return of your fleet , we comforted our selves with the promise that was made us by your majesty , that it should depart again within fifteen days ; but when after twenty were past , there were added fourteen more to them : and after that , we found divers other neglectful disappointments , that have now taken up two months compleat ; good god , sir , how long has that time seemed to those miserable wretches that have not bread ! we know very well the good inclinations your majesty hath for our weal ; as also we have had most certain proofs of the duke of buckingham , your high admiral , his passionate applying himself for us , as also the same of the lords of your council ; but shall we not be excusable , if seeing the effects thereof crossed , by all these delays ? we entertain iealousies , that your majesty is not well served , and that there is some secret hand , which clandestingly obstructs , that which the zeal of others endeavours to advance . it is ordinary for men in misery to be suspicious , and possibly here we are not injuriously so ; indeed we do not know any person on whom to determine our diffidence , nor have we any intention to call to mind any thing that is past ; may that , sir , remain buried in eternal oblivion , and for the future at least , let those to whom your majesty shall give your commands , answer so well your kindness to us , with their affection and diligence , that without any farther delay , your fleet may put to sea , and deliver us yet out of the cruel arms of death . if , sir , upon this occasion , you will please to discern those who serve you faithfully , from other men ( if there be any such ) let your majesty be pleased to hold it indubitable , that all those who under any pretext whatsoever , shall counsel the least delayings , do it from an ill intention , there being none can pretend ignorance of the dreadful necessities to which our city is reduced , and that one single days delay more , may be the cause of its ruine . have therefore some consideration of it , we beseech you , by the tears and pitiful cries of more than twelve thousand poor languishing souls , whom hunger devours , and who are all ready to perish , by the interest of above a million of others , who without doubt will see themselves ▪ buried under our ruins , and who will find the knife at their throats , the very next day after we are lost . by the glory of your scepter , under the sanctuary of which we are come to put our selves , and which it hath pleased you to tender us for our security ; by the magnificent title of defender of the faith , which obligeth your majesty to relieve those that are oppressed for that very reason ; in short , by the faith and word of a king , which it hath pleased you of your grace to engage us , permit not , sir , our innocent blood to reflect upon your crown , to stain it to ages that shall succeed us , and at present to cry against your majesty before god and man. this is that , sir , which our consciences , and the duty we owe to our afflicted fellow citizens , oblige us to come and represent a new to your majesty , in whose charity , magnanimity , piety , and inviolable fidelity , we hawe such confidence , that we assure our selves , god will take this in good part , and in convenient consideration : and since that all our supplications tend to make you be pleased , to cause your fleet to set sail with all possible diligence , and to afford your presence at portsmouth , where it is so absolutely necessary , that without it , we can scaree hope for any success . we therefore do in all humility supplicate your majesty , immediately to put in execution the resolution you have taken of going thither ; and here , sir , we fall upon our knees before your majesty , with most ardent prayer to god , that it will please him to make us find more and more favour in your sight , that even we , who now supplicate you , may come again to render to you , our most humble and grateful acknowledgments , as to our great deliverer , from whom , next to god , we shall hold our estates , honours and lives , and the memory of so signal a deliverance , we may leave to our children , to the end that they may celebrate it after us . yet , all these sufferings , and the lamentable estate of the rochellers , nor the sad and pressing remonstrance of their deputies ( enough to melt the heart of any one , but a cruel faithless tyrant ) were efficatious enough to oblige that wicked court , to let this third fleet set sail before september following , under the command of the earl of lindsey , who arrived before rochell towards the latter end of the said month ; but instead of succouring the city , breaking the digue , and opening the passage , to get in provisions , which the king had made them to expect , and which they had already almost swallowed in their hopes . that commander had set on shore the lord 〈◊〉 , ( unknown to the deputies that were on board , and to the duke of soubize ) who went straight to the french king's camp , where after some conferences with the cardinal , with whom ( as was then reported ) he had concerted the delivery of the city to the king , which was very far from giving it any succour . he went post for england , to give an account of it to his master . after the english fleet had been a month in the road without doing any thing , and without sending the besieged army any manner of victuals , which were on board : then the poor rochellers , who were not able to hold out no longer , saw plainly how they were abused and betrayed ; so hereupon they resolved ( no more to expect the illusory succours of the english , and the vain hopes of assistance from them , to deliver up the city ; and whilst the lord montague was going for england , and to return to the french king with the effects of his negotiation , they resolve to throw themselves into the arms of the king , their sovereign , in hopes after all , by their repentance for their so long obstinancy , to obtain his grace and favour . and about the end of october , their agreement was made among themselves , and signed : and the first of november , the king made entrance into rochell , where he found the inhabitants more like skeletons , than men and women . and this king had more compassion than the hard-hearted oppressor of england , for he was so sensibly touched with that sad sight , that he could not refrain letting fall some tears . on the th . of november , the english fleet , after having been a month and six days in the road , and seen from thence the reductien of rochell to the obedience of the king , set sail , carrying a long with them a great party of french , as well as victuals , they had brought from england . . that was an exorbitant and outragious t — upon the people of scotland , as appears in many particulars ; to recount some of them briefly , . in overturning their church government , established by many acts of parliament , and obtruding upon them laud's liturgy , and popish ceremonies , after that wicked bishop had sent his liturgy to rome to be approved there . . in denying them ( the undoubted right of all subjects ) to petition for redress of their grievances . . in dissolving their synod and parliament , burning the pacification made with them , by the hangman's hands ; and imprisoning the lord 's sent by them , to petition him to perform his sollemn promises , and redress their grievances . . in levying doctrines against them , and raising a civil war , to justify himself in the violation of their laws . a civil war it was , said the great lord digby , seeing we are of the same religion , and under the same king. and . in attempting to make use of the love and affection of the english , to enslave and ruin the scotish nation . it is not improper here to observe . . that the scotish covenant was not a new invention or innovation , but established by the law of scotland , and taken by king james the first , seventy years before king charles the second took it . . that bishops and clergymen in conjunction with papists , abetted and assisted this t — in the violation of the laws , when the bulk of the nobility , gentry , and people of england , appeared undauntedly in defence of the laws and liberties of the kingdom . . that popery hath greatly spred in scotland ever since laud's superstition was introduced here , the number of papists not exceeding . and therefore presbetery being now restored by a law , it may be reasonably hoped , that it will reduce many who have been deluded into that idolatry . . that princes are not always to trust to the insinuations and suggestions of scotish bishops ; seeing that when they instigated king charles i. to dissolve the synod and parliament , he was seduced by them into a belief , that the scotish covenanteers were a contemptible number , and their party in scotland was sufficient to deal with them . . that the scots were not rebells in taking arms to assert their rights , and vindicate the laws and liberties of their countrey . that the horrid imposition of laud's popish liturgy , did occasion the troubles of scotland , is very manifest from dr. burnet's ( now bishop of salisbury ) his memoirs of duke hamilton , for he saith , page . the liturgy had some alterations from the english , which made it more invidious and less satisfactory . — the imposing it , really varied from their former practices and constitutions . — pag. . the lords petition'd , complaining against the liturgy , and book of canons ; offering under the highest penalties , to prove they contain'd things both contrary to religion , and the laws of the land , pag. . the earls of traquaire and roxbourgh , by letter to the king , advised him to secure the people of that which they so much apprehended , the fear of innovation of religion , saying , that they found few or none well satisfied , pag. . the earl of traquaire went to court , and gave account , that all the troubles were occasioned by introducing the liturgy ; with which , scarce a member of council ( except bishops ) was well satisfied : neither were all these cardinals for it , for the archbishop of st. andrews , from the beginning , had withstood these designs , and the archbishop of glascoe , was worse pleased . their commissioners in their charge against laud , exhibited to the parliament of england , . say , pag. . &c. this book inverteth the order of the communion in the book of england , of the divers secret reasons of this change , we mention one only : in joyning the spiritual praise and thanksgiving , which is in the book of england , pertinent● after the communion , with the prayer of consecration before the communion ; and that under the name of memorial or oblation , for no other ends , but that the memorial and sacrifice of praise , mention'd in it , may be understood according to the popish meaning ; bellarmin de missâ . lib. . chap. . 〈◊〉 of the spiritual sacrifice , but of the oblation of the body of the lord. the corporal presence of christ's body , is also to be found here ; for the words of the mass-book , serving to this purpose , which are not to be found in the book of england , are taken 〈◊〉 here : almighty god is incall'd , that of his almighty goodness , he may vouchsafe so to bless and sanctifie with his word and spirit , these gifts of bread and wine , that they be unto us the body and blood of christ. — on the one part , the expressions of the book of england , at the delivery of the elements : of feeding on christ by faith , and of eating and drinking in remembrance , that christ died for thee , are utterly deleted . to prove that laud did send this liturgy to rome to be approved of ; read a book of good credit , entitled , new survey of the west indies , wrote by a reverend divine of the church of england , mr. thomas gage , minister of deal in kent , 't is in pag. . in the folio edition ; he there tells you , that being a fryar , he went to rome with letters of recommendation to cardinal barbarini , the pope's nephew , entituled , the protector of england : that coming acquainted with father fitzherbert , of the english colledge of jesuits , he highly praised archbishop laud , and said , that he not long since sent a common prayer book ( which he had composed for the church of scotland ) to be first viewed and approved by the pope and cardinals ; and , that they liked it very well for protestants to be trained up in a form of prayer and service ; yet the cardinals ( first giving him thanks for his respect ) sent him word that they thought it was not fitting for scotland ; that father fitzherbert told him , he was witness of all , this being sent for by the cardinal to give him his opinion about it , and of the temper of the scots . and that laud hearing the censure of the cardinals , concerning his intention and form of prayer , to ingratiate himself the more in their favour , corrected some things in it , and made it more harsh and unreasonable for that nation . this good man , mr. gage , after he had here related the matter as above , expresses himself thus : this most true relation of archbishop laud , i have oft spoke o● in private discourse , and publickly in preaching ; and i could not in conscience omit it here , both to vindicate the j● censure of death , whi●h the parliament gave against him , and to reprove the ungrounded opinion and error of some ignorant spirits , who have since his death , highly exalted and cryed him up as a martyr . 't is worthy of notice , that these passages ( making laud to appear a great villain ) were by the means of priest craft left out of the impression in octavo . something like this of mr. gage , may be found in bishop burnet's memoirs of duke hamilton , fol. . he relates , that in the year . one abernethy , who from a jesuit , turned a zealous presbyterian , spread a story in scotland which took wonderfully , of the liturgy of that kingdom , being sent to rome to some cardinals to be revised by them ; and that seignior con , ( the popes nuncio to the court of england ) had shewed it to abernethy at rome , and though con denied it afterwards , as is pretended , yet it doth not follow that what abernethy asserts , was false , for it is well known , that con being a jesuit , might lye for the holy church . if i had time , and that this book would not be too large , i could produce very many more instances of king charles his tyrannical oppressing his subjects of england , scotland and ireland . i shall end this melancholly story with the heads of the many articles of mis-government of that prince , viz. his taking buckingham , laud , and many more evil counsellors into the highest favour , and being govern'd by them . his popish match , and private articles , in favour of popery . his receiving a letter from the pope , and sending him 〈◊〉 answer , calling him most holy father , &c. his pardoning popish priests , &c. pursuant to the private articles of marriage . his most unchristian like betraying the isle of rhee and rechell , a sad story . his plucking up the root of all property , by taking the peoples goods against their wills , and their liberties against law. his giving commissions to try and execute his subject by martial law. his raising money by loans against law. his requiring london , and other places , to set out ships 〈◊〉 him at their own charge . his billotting soldiers ( many of which were papists ) on his poor subjects . his giving commissions to several lords to raise money by way of excise . his ordering his treasurer to pay l. to buy a large number of german horse , with arms , both for horse and foot , to be brought to england against the parliament . his causing mr. chambars , a merchant , to be fin'd l. for complaining of the hard usage the merchants of england had . his oppressing , and imprisoning all ranks and orders of men unjustly . his threatning the house of commons , if they would not give money . his shameful betraying the palatinate , and keeping the charity of england from them . his having , without doubt , a great hand in the wicked irish rebellion . his large demonstration of his piety , by ordering a declaration of sports on the lord's day . his giving wicked , arbitrary , and tyrannical orders , instructions and commissions to the earl of strafford , lord lieutenant of ireland , and endeavoured to save him from the parliaments just and necessary prosecution . his suffering the bishops , gauden and duppa , to compose a lying book , call'd , eicon basilice , and to put it out in his name , the better to justify his evil actions against his people . his causing the star-chamber and high commission courts to be made use of , to the great grievance of the people of england . his falsely charging with treason , and unjustly imprisoning the lord mandevil , mr. hollis , mr. strode , and many others , and would produce no witness against them . his tempting and incouraging his english and irish armies to come and destroy the parliament . his dealing most basely and treacherously with the parliament whilst treating at uxbridge . his having a hand in the untimely deaths of king james the first , and prince henry . his being an exorbitant and outragious tyrant upon the people of england . notes, typically marginal, from the original text notes for div a -e * he had agree to treat with them as a parliament , the queen upbraided him for so doing , and he thus vindicates himself . * if this were so good a king , why so much clamour against king james the ii. for designing the same thing . ⸫ there was at this time high division in london , between the presbyterians and independants ; therefore to ●in both , by fomenting misunderstandings between them , the independants are to be ca●oled ; a thing worthy remembrance in all times . the legall fundamentall liberties of the people of england revived, asserted, and vindicated. or, an epistle written the eighth day of june , by lieut. colonel john lilburn (arbitrary and aristocratical prisoner in the tower of london) to mr. william lenthall speaker to the remainder of those few knights, citizens, and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster ... who ... pretendedly stile themselves ... the parliament of england, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of england, ... authorised thomas pride, ... to chuse them a parliament, as indeed he hath de facto done by this pretended mock-parliament: and therefore it cannot properly be called the nations or peoples parliament, but col. pride's and his associates, whose really it is; who, although they have beheaded the king for a tyrant, yet walk in his oppressingest steps, if not worse and higher. lilburne, john, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l thomason e _ estc p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the legall fundamentall liberties of the people of england revived, asserted, and vindicated. or, an epistle written the eighth day of june , by lieut. colonel john lilburn (arbitrary and aristocratical prisoner in the tower of london) to mr. william lenthall speaker to the remainder of those few knights, citizens, and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster ... who ... pretendedly stile themselves ... the parliament of england, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of england, ... authorised thomas pride, ... to chuse them a parliament, as indeed he hath de facto done by this pretended mock-parliament: and therefore it cannot properly be called the nations or peoples parliament, but col. pride's and his associates, whose really it is; who, although they have beheaded the king for a tyrant, yet walk in his oppressingest steps, if not worse and higher. lilburne, john, ?- . lenthall, william, - . [ ], , [ ] p. [s.n.], london : printed in the grand yeer of hypocriticall and abominable dissimulation. . annotation on thomason copy: "june ". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng lilburne, john, ?- -- imprisonment -- early works to . england and wales. -- parliament. -- house of commons. civil rights -- england -- sources. great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the legall fundamentall liberties of the people of england revived , asserted , and vindicated . or , an epistle written the eighth day of june , by lieut. colonel john lilbvrn ( arbitrary and aristocratical prisoner in the tower of london ) to mr. william lenthall speaker to the remainder of those few knights , citizens , and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster ( as most fit for his and his masters designes , to serve their ambitious and tyrannical ends , to destroy the good old laws , liberties and customs of england , the badges of our freedom , ( as the declaration against the king , of the of march , pag. . calls them ) and by force of arms to rob the people of their lives , estates and properties , and subject them to perfect vassalage and slavery , as he cleerly evinceth in his present case &c. they have done ) who ( and in truth no otherwise ) pretendedly stile themselves ( the conservators of the peace of england , or ) the parliament of england , intrusted and authorised by the consent of all the people thereof , whose representatives by election . ( in their declaration last mentioned , pag. . they say ) they are ; although they are never able to produce one bit of a law , or any piece of a commission to prove , that all the people of england , or one quarter , tenth , hundred , or thousand part of them authorised thomas pride , with his regiment of souldiers , to chuse them a parliament , as indeed he hath de facto done by this pretended mock-parliament : and therefore it cannot properly be called the nations or peoples parliament , but col. pride's and his associates , whose really it is ; who , although they have beheaded the king for a tyrant , yet walk in his oppressingest steps , if not worse and higher . john . . doth our law judge any men , before it hear him , and know what he doth ? acts . . and he commanded a centurion to keep paul , and to let him have liberty , and that he should forbid none of his acquaintance to minister , or come unto him , ( although in ver . . he was accused for a most pestilent fellow , and a mover of sedition throughout all the world . ) acts . . for it seemeth to me unreasonable ( saith the heathen judge ) to send a prisoner , and not withall to signifie the crimes laid against him . acts . . and paul ( in his imprisonment at rome under the heathen persecutors ) dwelt two whole years in his own hired house , and received all that came in unto him . london , printed in the grand yeer of hypocriticall and abominable dissimulation . . sir , for distinction● sake , i will 〈◊〉 stile you mr. speaker , although it be but to col. pride's 〈…〉 parliament , sitting at westminster , ( not the nation 's , for they never gave him authority to issue out writs , elect or constitute a parliament for them ) and you being their mouth , i could not think of any man to whom i could better direct my lines at 〈…〉 ( in my gr●●t oppressions by you and your lord and master cromvvel ) then your self : and therefore cannot now chuse but put you in minde , that the th . april , . when i was like unjustly to be destroyed by mr. oliver cromwell in my late unjust and tyrannicall imprisonment in the tower ; i writ you a large epistle , and stiled it in print , the prisoners plea for a habeas corpus ; in the , , , , pages of which , i positively accuse mr. oliver cromwell for a wilfull murderer , and desire you there to acquaint your house therewith ( who then had some little face of a parliament stamp upon it ) and , that i would engage upon my life to prove him to be so by law : you your selves in your declaration of the th . march , . in answer to the scotch-commissioners papers declare p. . . that the subduing the enemies forces in the nation , ( which then were , as you there say , wholly subdued & suppressed ) though the parliament keep up an army , in a time of peace , when all the ordinary courts of justice were open , where only and alone , all law and justice ought to be dispensed to all englishmen in all cases whatsoever , yea , even to soldiers as well as others ; as in the aforesaid pages , and in mr. overtons and my printed epistle to the generall ( in mr. lockiers behalf ) of the april , . is by law undeniably proved ; which epistle you may read at the last end of the second edition of my pictur● of the 〈◊〉 to of state : and yet about or upon the nov. . your w●re in hertford-shire , he , 〈◊〉 wilfully and of●et-malice murdered rich. arnell , a freeborn englishman ; and so shed the bloud of war in the time of peace , which was joabs case in reference to abner and amasa , sam. . . and . . of whom when david delivered his charge to his son salomon , he saith thus , moreover , thou knewest also what joab the son of zervich did to me , and what he did to the two captains of the best of israel , 〈◊〉 abner the son of ner , and unto amasa the son of jother , whom he slew , and shed the blood of war in peace , and put the blood of war upon his girdle that was about his loins ; and in his sho●s that were on his feet : doe therefore ( saith he ) recording to thy wisdom , and he not his bo●ry head get down to the grave in peace , kings . , . which charge he accordingly performed ; and so delivered himself and his fathers house from the guilt of innocent blood , ver . , , , , . and you may also remember that upon the of jan. , at your barr i openly delivered a formal charge or impeachment of high treason ( according to your own ordinances ) against the foresaid mr. oliver cromwell , and his subtil machevilian son-in-law mr. henry iveton , for their notorious doing that in reference to the king ; for but the petty acting of which in comparison to theirs , they impeached mr. denzill hollis , sir philip stapleton , &c. of high treason , ( as appeareth in their own book of declarations , pag. , . article & . ) and forcibly expunged them your house as traytors therefore . and in the foresaid pages of my plea for a habeas corp●●● , i truly acquaint you with the plot and design , master cromwell laid to take away my life , for but a little opposition to the king , whose professed and avowed 〈◊〉 he and his the plea it self thus followeth . may it please this honourable committee , i was commanded by you , upon tuesday the day of this present june , to bring in an answer this day to the petition and complaint of henry wollastone kepeer of the prison of newgate , in which petition he complains that i have brought an action at the common law against him , for detaining me in safe custody according to his duty , by vertue of a warrant from the house of lords ; and therefore prayes indemnity for his acting therein in obedience to the authority of parliament , and his trebble damages , and that at common law there may be no further proceedings in the said action . and being demanded by the then chairman of this committee whether i had caused such an action to be commenced , yea or no , i positively declared , i had , and that i had very good ground in law so to do , considering that the law of england ( which is my birth-right and inheritance ) requires , that i shall not be deprived of my liberty but by due processe of law , according to the laws of the land ; and that if any shall detain my body in prison without legall authority , he is liable in law to make me satisfaction therefore : but mr. wollastone had kept me in prison divers weeks by vertue of a pretended warrant of the single house of lords , who in law , i will maintain it , have not the least power in the world to commit my body to prison : yet they did ( upon the tenth day of june , laying no crime to my charge ) command me to be kept for all my short eternity in this world ; for the warrant is , during their pleasures : and then by another illegall warrant , within fourteen dayes after , dated the of june , they ( for no cause in the world ) commit me close prisoner , and command that i be not permitted to have pen , ink nor paper , and that none shall have acceffe unto me in any kinde , but onely my keeper , untill the lords otherwise please . which most illegall warrant mr. wollastone executed upon me with a great deal of severitie and barbarism , not permitting my wife to come into the prison yard to speak with me at a distance out of my grates , nor suffering me to receive either meat , drink , or money , or any other necessaries from the hands of my wife , servant , or friends , nor suffering me to see their faces when they sent me in my diet : all which usages are against the laws and statutes of this kingdom ; and therefore i have cause and ground enough in law , to seek for my remedy in law against the said mr. wollastone ; and i hope the members of this committee have taken too many oaths to maintain the fundamentall laws of the land , and the liberties of the people , then now to go about to deprive me of the benefit of them . it is true , you sit here by verue of an ordinance of both houses , to indemnifie all those that have acted or done , or commanded to be acted ordone , any thing by sea or land , by the authority , or for the service or benefit of this present parliament : but under the favour of this committee , i do conceive , that the said ordinance , which is your commission , doth not in the least authorise you to meddle with my present case ; forasmuch as i do not prosecute mr. wollastone for actions done by the command and authority of parliament , but for actions done directly against their authority publickly declared in the laws of the kingdom , and their own declarations : and i hope this committee will not so much undervalue their own house , as to adjudge the house of lords singly to be the parliament of england , nor their single order to be the parliaments authority of england : and if not , then i cleerly conceive , that upon your own principles , you have nothing to do with my business before you ; neither can i conceive , that you can in the least judge mr. wollaston's illegal and barbarous actions done upon me , to be for the service and benefit of the parliament , but rather the quite contrary , by rendering them odious and adominable in the eyes of the people , if they shall 〈◊〉 such tyrannicall doings , after they have taken so many oathes 〈…〉 the laws and liberties of the kingdom , and caused so much english bloud to be shed pretendedly therefore . whereupon , after a little debate amongst the members of this committee by themselves , my l. munson the chairman thereof was pleased to tell me , then the business was weighty , and did concern the priviledges of the lords houses ; and therefore they judged it convenient to put it off till this day , and to acquaint the lords with it , that so , if they pleased , some of them might here be present : and you also ordered me to fit my self with a formall answer to the petition , which accordingly i have done , and with the favour of this committee , giving me free leave to speak , i am ready to deliver unto you , and do deliver it unto you thus . my lord , i read in the statutes of . edw. . ch . . and . edw. ch . . and in the tyrannical act made this parliament c. r. and in the part cooks instit . fol. . . . . . . and part book decl. pag. , . that parliaments are principally called for the maintenance of the laws , and for the redresse of divers mischiefs and grievances that daily happen ; and sutable to this are the ends contained in the writs that summon them , and the intentions of those that chuse the members and send them . and if parliaments be principally called for the maintenance of the laws , and redresse of mischiefs and grievances , then not for the destruction of the laws , not for the increase of mischiefs and grievances . and therefore when this present parliament in the dayes of their verginity and primitive puritie , in their actions , declarations , and remonstrances expressed much zeal , for accomplishing of those ends for which they were trusted in providing for the safety of the kingdom , and peace of the people , which you call god to witness is your only aime , protesting in the presence of the all seeing deity , that the foresaid ends is the only end of all your counsels and indeavours , wherein you are resolved to continue freed , and inlarged from all private aims , personall respects or passions whatsoever , and persevere in the vigorous indevoring to preserve the laws and liberties of this land , though you should perish in the work , * calling upon god , that sees your innocency ; and that you have no aims but at his glory & the publick good for protection in your straits ; i say yet notwitstanding all this , the king to make you odious , and to be deserted of the people , in several of his declarations declares that all these were but guilded dissimulations , it being your reall intentions to destroy liberty and property , meum and mum , and to subvert the lawes and introduce new forms of arbitrary government , and to introduce anarchy , a paritie and confuon by levelling of all degrees & conditions , and to monopolise into your hands all the rich and great places in the kingdom , for your own particular advantage and profit ; and to get such a power into your hands , as thereby to enable you inevitably to destroy all that opposed you ; and that the maintenance and advancement of religion , justice , liberty , propertie , and peace , are really but your stalking horses , and neither the grounds of the war , nor of your demands ; and that for all your fair pretences to the people , you will extirpate the law , root , and branch , alter the whole frame of government , and leave not any thing like law , liberty or property , introduce democracy and parity , and leave nether king , nor gentlemen ; and so the people will too late discover all this to their costs , that they have undone themselves with too much discretion , and obtained nothing by their compliance with you , and adherence to you , but to be destroyed last , part book declar. pag. , , , , , , , , , , , , , , . part , pag. , , , , . in answer unto all which , to disprove what he saith , and keep up your rereputations amongst the people for a company of honest men , that really sought their good , and always intended to be as good as their words , promises , and engagements , in your declarations of the of may . part , book decl. pag . you repeat your votes , against which the king excepts , the weight of which lieth in these words : that the kingdom hath been of late , and still is in so eminent danger , both from enemies abroad , and a popish discontented party at home ; that there is an urgent and an inevitable necessity , for puting the kingdom into a posture of defence , for the safegard thereof ; and that in this case of extreme danger , and his majesties refusall , the ordinance of parliament agreed upon by both houses for the militia , doth oblige the people , and ought to be obeyed , by the fundamentall lawes of this kingdom . by all which ( say you ) it doth appear , that there is no colour of this tax , that we go about to introduce a new law ; much less to exercise an arbitrary power , but indeed to prevent it ; for this law ( say you ) is as old as the kingdom , that the kingdom must not be without a means to preserve it self● and in the conclusion of the same decl. pag. . speaking of the many difficulties you grapple with , the many hazards you undergo in your places , you conclude thus , yet we doubt not but we shall overcome all this at last , if the people suffer not themselves to be deluded with falfe and specious shewes , and so drawn to betray us to their own undoing , who have ever been willing to hazard the undoing of our selves , that they might not be betrayed by our neglect of the trust reposed in us ; but if it were possible the kings party should prevail , herein yet ( say you ) we would not fall , through gods grace still to persist in our duties , and to look beyond our own lives , estates and advantages , as those who think nothing worth the enjoying without the libertie , peace , and fafety of the kingdom ; nor any thing too good to be hazarded in discharge of our consciences , for the obtaining of it ; and shall always repose our selves upon the protection of the almighty , which we are confident shall never be wanting to us ( while we seek his glory . ) and in your declaration of the of may , which is an answer to the kings declaration of the of may , a out the business of hull , in the part decl. pag. . speaking of the new engine of the malignant party about the king , to beget and increase distrust , and disaffection between the king , the parliament , and the people ; we cannot ( say you ) be so much wanting to our own innocency , or to the duty of our trust , as not to clear our selves from those false aspersions , and ( which is our chiefest care ) to disabuse the peoples minds , and open their eyes that under the false shews and pretexts of the laws of the land , ( frequently interwoven in his majesties foresaid declaration ) and of their own rights and liberties , they may not be carried into the road-way that leadeth to the utter ruine and subversion thereof , and to destroy them both with their own hands , by taking their lives , liberties , and estates out of their hands whom they have chosen and entrusted therewith , and resigning them up unto some evil counsellors about his majestie , who can lay no other foundation of their own greatness , but upon the ruine of this parliament ; and in it of all other parliaments , and in them of the freedom of this nation : and these are the men that would perswade the people that both houses of parliament containing all the peers , & representing all the commons of england , would destroy the lawes of the land , and liberties of the people ; wherein besides the trust of the whole , they themselves in their own particulars have so great an interest of honour and estate , that we hope it will gain little credit with any that have the least use of reason , that such as must have so great a share in the misery , should take so much paines in the procuring thereof , and spend so much time and run so many hazards to make themselves slaves , and to destroy the property of their estates . but remarkable are your words in the same declaration pag. . where you say , you have given no occasion to his majestie to declare his resolution with so much earnestness , that he will not suffer either or both houses by their votes without or against his consent to injoyn any thing that is forbidden by the law , or to forbid any thing that is injoyned by the law ; for our votes ( say you ) have done no such thing , and as we shall be very tender of the law ( which we acknowledg to be the safegard and custody of all publick and private interests , &c. ) and in the same declaration having argued it soundly against the king , for the calumniations and aspersions call upon you as you are pleased to call them in ; p. . you have these words , all this considered , we cannot but wonder , that the contrivers of the aforesaid message , should conceive the people of this land to be so void of common-sence , as to enter into so deep a mistrust of those that they have , and his majestie ought to repose so great a trust in , as to dispair of any security in their private estates , by dissents , purchases , assurances , or conveyances , unless his majestie should by his vote , prevent the prejudice they might receive therein by the votes of both houses of parliament , as if they who are especially chosen and intrusted for that purpose , and who themselves must needs have so great a share in all grievances of the subject , had wholy cast off the care of the subjects good , and his majestie had soly taken it up . and in your most notablest of declarations , made about agust . part book decl. pag. . wherein you indeavour to give an account to the world of the justice of your proceedings , in being necessitated to take up armes against his majesty , who you say was then in armes against you and the kingdom , for the suppression of the lawes and liberties thereof ; which you say every honest man is bound to defend , especially those that have taken the late protestation , in which declaration you declare , that the long designe which hath been carried on to alter the frame and constitution of the government of the kingdom , from law and liberty , to slavery and vassaladge , is now come to ripeness ; there you go on to declare an epitome of the kings dealings with the kingdom before this parliament ; in which time you say the lawes were no defence nor protection of any mans right ; all was subject to will and power , which imposed what payment they thought fit , to drain the subjects purse of , and supply those necessities which ill councels had brought upon the king , or gratifie such as were instruments in promoting those illegall and oppresive courses . they who yeelded and complyed , were countenanced and advanced , all others disgraced and kept under , that so mens mindes made poor and base , and their liberties lost and gone , they might be ready to let go their religion , whensoever they should be resolved to alter it ; and then ennumerate divers strange actions of his done to the kingdom since this parliament ; and in pag. . you declare , that after his ill councel had got him from the parliament , then they doc work upon him and upon the queen , and perswade her to retire out of the kingdom , and carry him further and further from the parliament , and so possess him with a hatred of it , that they cannot put words bitter enough into his mouth , to express upon all occasions ; they make him cross oppose and envy upon all the proceedings of parliament , incourage and protect all those that will affront it , take away all power and authority from it to make it contemptible , and of less esteem then the meanest court , draw away the members , commanding them to come to him to york , and insteed of discharging their duty in the service of the parliament , to contribute their advice , and assistance to the destruction of it . indeavouring an arbitrary government , a thing ( say you ) which every honest morall man abhors ; much more the wisdom , justice , and piety of the two houses of parliament ; and in truth such a charge as no rational man can beleeve is , it being unpossible so many several persons at the houses of , parliament consist of about ; and in either house all of equall power , should all of them , or at least the major part , agree in acts of will and tyranny , which makes up an arbitrary government ; and most improbable that the nobility and chief gentry of this kingdom , should conspire to take away the law by which they injoy their estates , are protected from any act of violence and power , and differenced from the meanest sort of people , with whom otherwise they would be but fellow servants ; so having given an answer to his charges laid upon you in pag. . you vehemently pre●●e the people to come in to the help of the parliament ( against the kings forces ) and save themselves their laws and liberties , and though both they and we ( say you ) must perish , yet have we discharged our consciences , and delivered our soules , and will look for a reward in heaven ; should we be so ill required upon earth , as to be deserted by the people , whom in the next page you tell , nothing will satisfie the king and those evill men with him , but the destruction of this parliament , and to be masters of religion and liberties , to make us slaves , and alter the government of this kindom , and reduce it to the condition of some other countryes which are not governed by parliaments , and so by laws , but by the will of the prince , or rather of those who are about him ; and thersore in the zeal of your spirits , you declare your resolved resolutions to continue firme to maintain the laws and liberties of your country , according to your duty ; saying , woe be to us if we do it not , at least doe our utmost endeavours for the discharge of our duties , and the saving of our souls , and leave the successe to god almighty ; and you conclude with these words ; and therefore we do here require all who have any sence of piety , honour , or compession , to help distressed state , and to come in to our aid and assistance . and in your reply to the kings answer of yours , of may . par . book declar. pag. . you declare with indignation your abhorrance of the kings charging you by your votes to dispose of the peoples lives , liberties and estates , 〈◊〉 to the law of the land , & throw back the charge upon himself and those that are about him . and in the next page you say thus ; and for that concerning our inclination to be slaves it is affirmed , that his majestie said nothing that might imply any such inclination in us , but sure , what ever be ovr inclination , slavery would be our condition , if we should go aboue to overthrow the laws of the land , and the propritey of every mans estate , and the liberty of his person ; for therein we must needs be as much patients as agents , and must every one in his turn suffer our selves , what ever we should impose upon others as in nothing we have laid upon other we haue ever refused to do or suffer our selves , and that in a high proportion and then when you come in the next page to speake of the kings , charging of you that you afect to be tyrants , because you will admit no rule to govern by but your own wills , yea worse then those thirty most perfect tyrants of athens , spoken of by sir walter rawley in his third book of the history of the world , chap. sect. . you abhor the charge with the height of detestation , and therefore in the next page unto it , being page you say we do still acknowledg that it were a very great crime in us , if we had or should do any thing whereby the title and interest of all the subjects to their lands were destroyed ; which i say of necessitie must be , if they be deprived of the benefit of the law , which is all i crave at your hands , and which i hope you will not deny me ; especially considering in your declaration of the of june , par . book decla . pag. , for bringing in mony and plate , you positively declare , that whatsoever is brought in , shall not at all be imployed about any other occasion , then to the purposes aforesaid , which amongst others , are principally for destroying tyranny , maintaining of liberty and propriety , the free course of justice according to the known laws of the land ; but propriety cannot be maintained , if liberty be destroyed ; for the liberty of my person is more neerer to me then my propriety , or goods ; and he that contrary to law and justice , robs or deprives me of the liberty of my person , the nighest to me , may much more by the some reason , rob and deprive me at his will and pleasure of my goods and estate , the further of from me , and so propriety is overthrowne and destroyed ; and this if done avowedly by you , is distructive to your honours and engagements ; yea , & in an absolute violation of all your oaths and promises ; whereby you will be rendred , by your own actions , in the eyes of the people that trusted you , the basest and worst of men , fit for nothing but desertion , opposition and distruction ; again how can law be maintained , when the free execution of justice in the ordinary course thereof shall be hindered by you ? which you in your declaration of october . par . book . declar pag. ) call the soule and life of all-laws , which ordinary course of jestice , you in your first remonstrance page call the common birth-right of the subject of england ; and therefore par . book decl. pag. you own it as your duty , to use the best of your endeavours that the meanest of the commonalty may enjoy their own birth-right , freedom and liberty of the lawes of the land , being equally intitled thereunto with the greatest subject ; and if so ? how can you in justice and honour or conscience , deprive and ebereave me of my birth right ? the benefit of the law of the land , in the ordinary course of justice in the judicatures thereof ? who have done no actrons either by sea or land , but what doth become an honest , true-bred englishman and constantly in the midst of many deaths , maintaining the laws i and liberties of my native country , which actions are consonant to the authority of parliament , and for the service and benefit thereof ; and therfore i ought not to be molested and troubled therefore ; especially by you , who in your declarations in the case of the five members , declare par . boo. decl. pa. . you are very sensible that it equally imports you , aswell to see justice done against them that are criminous , as to defend the just rights and liberties of the subjects and parliament of england ; but if you shall stop my proceedings at common law against master wollaston the jaylour of newgate , for keeping me there against law by the lords order , you are so far from punishing the criminous , that you justifie the wicked , and condemn the righteous , break all your oaths , protestations and covenants , that you have taken to maintain the laws and liberties of the kingdom , and dissolve the whole frame and constitution of the civill policy and government of this kingdom into the originall law of nature , which crime you taxe the king with , par . book . decl. pag. . yea , and thereby become destructive to the being of the common-wealth , and the safety of the people , the preservation of which is the chief end of the law , the institution of all government , as you declare in your declarations of the of may & april . part . book . decla . fol. . . for the illustration of which i desire to observe this method . first . i averre that the house of lords have not the least jurisdiction in the world over me in the case in controversie betwixt us ; and i am ready upon my life to make this good by the laws of the kingdom against all the judges and lawyers in england ; but i conceive , i have already so fully done it in my three pleas against the lords , that they are unanswerable , viz. first in my plea before the committee of the house of commons , where master henry martin had the chaire novemb. . and secondly in my plea the of october . before another committee of the house of commons , where m. iohn maynard had the chaire ; and thirdly , in my plea before the judges of the kings bench , the of may . all three of which i desire to communicate unto your consideration . and if the lords by law have no originall jurisdiction over me , then no power to summon me , nor no power to try me nor commit me ; wherefore m. wollaston by law ought to have refused to have received my body , or detained it in prison , by vertue of their illegall warrant , which being both illegall in the power that made it , & in the forme of drawing it up , he is liable to make me satisfaction in law for executing it , which at present i illustrate out of your own declarations , which are the most unanswerable arguments against you that i can use , acts . titus . . and first in your declaration of the of january . par . book . decl. pag. . . where speaking of the five members , you say his majestic did issue forth severall warrants to divers officers , under his own hand for the apprehension of the persons of the said members , which by law he cannot do , there being not all this time any legall charge or accusation , or due processe of law issued against them , or any pretence of charge made known to the house of commons ; all which are against the fundamentall liberties of the subjects , and the rights of parliament ; whereupon we are necessitited according to our duty to declare , that if any person shall arrest m. ho●●● , sir arthur haslerig , master pym , master hamden , master strode , or any of them , or any member of parliament , by pretence or colour of any warrant issuing out from the king onely , is guilty of the breach of the liberty of the subject , and of the priviledges of parliament , and a publick enemy to the common-wealth ; and that the arresting of the said members , or any of them , or any members of parliament , by any warrant whatsoever , without a legall proceeding against them , and without consent of that house , whereof such a person is a member , is against the libertie of the subject , and a breach of priviledge of parliament : and the person which shall arrest any of these persons , or any other member of the parliament , is declared a publick enemy of the common-wealth . yea , and upon the of january , you voted and ordered a charge to be brought in against mr. atturney general herbert , to require of him satisfaction for his great injury and scandal that particularly be had done to the said mr. hollis , &c. and generally to the publick justice of the kingdom , in so illegally accusing the foresaid five gentlemen , without due processe of law , as appears in your first part book declarat . pag. . and therefore in your petition of the feb. . part . book decl. . you rel the king , it is your duty to tell him of the injustice done unto the five members , for impeaching them without due processe of law , and to require reparations for them . and therefore in your second petition of the same month , par . book decl. pag. . . you tell the king again , notwithstanding all your importunity , the said five members and the lord kimbolton still lie under that heavie charge of treason , to the exceeding prejudice not onely of themselves , but also of the whole parliament . and whereas by the expresse laws and statutes of this realm , that is to say , by two acts of parliament , the one made in the , and the other in the year of the reign of your most noble progenitor king edward the it s said , if any person whatsoever make suggestion to the king himself of any souls committed by another , the same person might to be sent with the suggestion before the chancellor , or keeper of the great seal , treasurer , and the great councel , there to finde surery to pursue his suggestion : which if he cannot prove , he is to be imprisoned till he hath satisfied the party accused of his dammages and stander , and made fine and ransom to the king : the benefit of these laws you claim at the kings hand , and there tell him , he ought not of right and justice to deny it to you . and also in part book decl. pag. , speaking to the king , you say your majesty lays a generall tax upon us ; if you will be graciously pleased to let us know the particulars , we shall give a cleer and satisfactory answer : but what hope can we have of ever giving your majestic safaction , when those particulars which you have been made beleeve were true , yet being produced and made known to us , appeared to be false ? and your majestic notwithstanding will neither punish , nor produce the authors , but go on to contract new jealousies and fears , upon generall and uncertain grounds , affording us no means or possibilitie of particular answer , to the cleering of our selves . for proof whereof we beseech your majestic to consider ; the heavie charge and accusation of the lord kimbolton , and the five members of the house of commons , who refused no triall or examination which might stand with the priviledge of parliament : yet no authors , no witnesses produced , against whom they may have reparation for the great injury and infamy cast upon them , notwithstanding three severall petitions of both houses , and the authority of two acts of parliament vouched in the last of those petitions . and in a fourth petition about the same business , part book decl. pag. . we beseech your majesty ( say you ) to remember , that the government of this kingdom , as it was in a great part mannaged by your ministers before the beginning of this parliament , consisted of many continued and multiplied acts of violation of laws , the wounds whereof were scarcely bealed , when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our laws in the accusation of the lord kimbolton and the five members of the commons house , and in the proceedings thereupon ; for which we have yet received no full satisfaction . and in your declaration of the of may , . par . book dec. p . . you are very remarkable , and fly , the accusation of the l. kimbolton , and the members of the house of cōmons , is called a breach of priviledge ; and truly so it was and a very high one , far above any satisfaction that hath yet been given : how can it be said to be largely satisfied , so long as his majestic laboured to preserve his atturney from punishment , who was the visible actor in it ? so long as his majestic hath not onely justified him , but by his letter declared , that it was his duty to accuse them , and 〈◊〉 he would have punished him if he had not done it ; so long as those members have not the means of cleering their innocency , and the authors of that malicious charge undiscovered , though both houses of parliament have severall times petitioned his majestie to disco●●● them ; and that not onely upon grounds of common justice , but by act of parliament his majestie is bound to do it ; so long as the king great such to passe a bill for their discharge , alledging , that the nati●●tive in that bill i● against his honour ; whereby he seems still to ●●ow the matter of that false and scandalous accusation , though he deserts the prosecution , offering to passe a bill for their acquital ; yet with intimation , that they trust desert the avowing their own innocency , which would more wound them in 〈◊〉 , that secure them in law. and in vindication of this great priviledge of parliament , we do not 〈◊〉 that we have invaded any priviledge belonging to his majesty , as is alledged in his declaration . but we look not upon this onely in the notion of a breach of priviledge , which might be , though the accusation were true or false ; but under the nation of an hainous crime in the attourney , and all other subjects , who had a hand in it , a crime against the law of nature , against the rules of justice , that innocent men should be charged with so great an offence as treason , is the face of the highest judicatory of the kingdom , whereby their 〈◊〉 , and estates , their bloud and honour are in danger , without witnesse , without ●isdence , without all poss●bility of reparation in a legall course ; yet a 〈◊〉 of such a nature , that his majesties command can no more warrant , then it can any other act of injustice . it is true that those things which are evil in the●● can nature , such as a false testimony , or a false accusation , cannot bothe subject of any command , or induce any obligation of obedience upon any man , by any authority whatsoever ; therefore the attourney in this case was b●●●● to refuse to execute such a command unlesse he had had some such evidence or testimony as might have warranted him against the parties , and 〈…〉 make satisfaction if it should prove false . and further , to prove that 〈…〉 liable to punishment , that puts in execution the kings illegall commands , is must excellently proved , and largely evident from your own words in 〈◊〉 book decl. pag. . . . . . . . . . . 〈…〉 largely declare , that alexander archbishop of york , robert de ve●●● 〈…〉 irland , &c. were executed in richard the second's time as traytors , for 〈◊〉 in execution the commands of the king against the law ; and if they are punishable that execute the commands of the king the primitive , against law : then much more by law is mr. wollaston punishable for executing the commands of the single house of lords the derivative , against law : and if in my own defence , when i was in mr. wollaston's custody , i had served him , for his actions done to me in pursuance of the lords single illegall commands , ● simson of northampton-shire did johnson in the of elizabeth for his doing actions in pursuance of the queens letters patents , contrary to law , in endeavouring by a warrant ( flowing from the high commission , which was established by act of parliament , and had legall cognizance of any facts in controversie grounded thereupon ) to imprison his body : for doing of which , simson ( in his own defence , and his liber●●●● ) slew the said johnson : for which he was justified by the judges of affi●e , and all the judges of england , as you may read in sir edward cook . part iustitutes , fol. . . and in my plea before the judges of the kings bench , called the laws funerall , page . . i say in case i had in my own defence , and the defence of my legall liberties slain wollaston &c. for executing the lords single illegall orders upon me for any thing i can read in the law , he had his mends in his own hands . but to come more close upon your own principles , to prove that a single order of the lords cannot stand in competition with the law , i do it , thus ; in all your declarations you declare , that binding and permanent laws according to the constitution of this kingdom , are made by king , lords , and commons , and so is the opinion of sir ed. cook whose books are published by your own order , and who in the part of his institutes , fol. . and part fol. . and part fol. . . . . saith that act that is made by king and lords , in law binds not , nor by king and commons binds not , or by lords and commons binds not in law ; if so , then much more invalid is the single order of the lords made against law , and can indemnifie no man that acts by vertue of it , and your ordinances made this parliament in time of extream necessitie , during denounced wars , are by your selves in abundance of your own declarations , esteemed , adjudged , declared but temporary and invalid as durable laws , which is evidently cleer out of the par . book decl. p. . . . . . . . . . . . . . . . . . . . . your expressions in the last page are , we did and doe say that the soveraign power doth reside in the king and both houses of parliament , and that his majesties negative voice doth not import a liberty to deny things as he pleaseth , though never so requisite and necessary for the kingdom , and yet we did not nor do say , that such bills as his majestie is so bound both in conscience and justice to passe , shall notwithstanding be law without his consent , so far are we from taking away his negative voice . and if such ordinances and bills as passe both houses are not lawes by your own doctrine , without the kings consent ; then , muchlesse can the order of the single house of lords be lawes or supersedeaes to the lawes ; and besides , when divers honest and well-affected citizens , it may be out of a sensible apprehension of the mischiefs that acrue to the kingdom by having the supream authority lodged in three distinct estates , which many times so falls out , that when two estates grant things essentially good for the wellfare of the kingdom , the third estate opposeth it , and will not passe it , which many 〈…〉 occasions war and bloud-shed , to the hazard of the being of the kingdom ; for the preventing of which , they framed a petition to your house , entitling it , to the supream authority of this nation , the commons assembled in parliament ; in which they intreat you to be careful of the mischief of negative voices in any whomsoever ; which said petition your house upon the of may . voted to be burnt at the exchange and westminster by the hands of the common hangman , and lately as i am informed , there was a petition of master john mildmans presented to your house , and it was rejected by them , for no other cause , but because it had the foresaid title ; and therfore you your selves , having rejected to be stiled the supream authority of this nation ; i can see no ground or reason , how you can upon your own principles , grant a supersedeas to master wollaston to overule my action at law against him ; and so de facto exercise the supream authority , which in words , you would have the kingdom beleeve you abhorre ; neither can i i● reason or justice conceive , that if now you should own your selves for the supream authority of the nation , and the single and absolute law-repealers , and law-makers thereof , how you can deprive me of the benefit of those just laws , viz. magna charta , petition of right , and the act that abolished the star-chamber , that you have not avowedly and particularly declared to be void , null and vacated , as never to be in use any more in england ; again , yet in your protestation , in your vote and covenant , and in your league and covenant , swore to maintain the laws and liberties of the kingdom with your estates and lives , and make the kings person and authority but subservient thereunto , or dependant thereupon ; and you have been so zealous to make votes to disfranchise all those that will not take your covenant , as unfit to bear any office in the common-wealth , or to give a vote to chuse an officer , and can it stand with your justice and honour to deny me the benefit of that ( viz the law ) which you have been so zealous in forcing the people of england to swear to maintain ? or can you in justice and honor , be angry with me for standing for that ( viz. ) the laws and liberties of england , ) which you have ingaged , incited and forced , thousands and ten thousands of the people of england , to loose their lives and blouds for , which i amongst others have upon zealous and true principles , as hazardously ventured my life for as any man in england ? o let such an abominable thing be farre from men of honour , conscience and honesty , and let the fearfull judgments that befell the hungarians , as it were , from god from heaven for breaking , violating and falling from their faith and covenant , made with amurah the second , the sixt emperor of the turkes recorded in the fourth edition of the turkes history sol . . . . deterr all covenant makers , and covenant takers from breach of their oaths , covenants , and contracts , the breaking of which is highly detested and abhorred of god as a thing that his soul loathe as he declares in scripture , as you may read exo. . . lev. . , . deut. . , , . psal . . . eccels . . . ezek. . , , . . , . 〈◊〉 . . , & . . . yea i say let the fearfull judgements , wrath and vengeance recorded by sir walter rawley in his excellent preface to his history of the world that befell tyrants and oppressors , whoafter they had broke their oaths , faith , promises and lawes made with the people , and then turned tyrants , deterr you from such practises , but especially the fearfull judgments of god that befel the most execrable thirty tyrants of athens , who after the people of that city had set them up for the conservators of their laws and liberties , and who did many things well til they had got power into their own hands which they had no sooner done , but they turned it poin blank against the people , and fell a murthering , robbing , spoyling and destroying the innocent people , and raised a guard of three or foure thousand men of their own mercenary faction , whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave citizens , as you may ●●ad in sir walter rawleys history lib. . ch. . sec . & . yea the tyranny of duke d' alva cost his master the king of spaine the revolt of the hollanders to his unimaginable losse . but to returne , did not you and the lords the other day pass votes and communicated them to the common councel of london to declare to them and the whole kingdom , you would continue the government , by king , lords and commons ? and can it new stand with your honour and justice , to goe about to advance a single , illegall order of the lords above all the laws made joyntly by you the lords and king , and to make ciphers of your selves and your house as well as of the king ? which undeniably you do , if you indemnifie master wollaston by superseding my action at common law against him ; again , have you not in your declaration of the of june . ( in which is contained your votes , to lay the king aside and make no more applications or addresses unto him ) declared to preserve unto the people their laws , and to governe them thereby ? sure i am these are your own words , having received an absolute denyall from his majesty : the lords and commons do hold themselves obliged to use their utmost endeavous speedily to settle the present government in such a way as may bring the greatest security to this kingdom , in the enjoyment of the laws and liberties thereof : and can it now stand with your honour and justice to fall from this and all other your publique declarations , by denying me the benefit of the law against master wollaston , that unjustly imprisoned me , and tyrannically and closly imprisoned me , to the hazard of my life and being , and that by an illegall warrant of the lords , who have no power in law to commit me , or so much as to summon me before them , in reference to a tryal ? much lesse when i do come at their bar , to deal with me like a spanish inquisition , by examining me upon interrogatories to insnare my self , and refuse to let me see either accuser , prosecutor , indictment , charge or impeachment : but presse me againe and again to answer interogatories against my self , and so force me to deliver in a plea , according to my priviledg and the laws of the land , against their illegall dealings with me , and then to wave all pretence of any foregoing crime , and commit me the july to master wollaston to new-gate prison during their pleasure for delivering in that my very plea , which hath not a word in it but what is justifiable by magna charta , and the petition of right ; and then when i am at newgate , by pretence of a warrant of the of june after , for master wollaston to cause his servants to break into my chamber and by force and violence to carry me before the lords , who had , nor have no more jurisdiction over me by the laws of england to try me , passe upon me , or condemn me , then so many turks have : and when i come there , they only look upon me , but lay nothing to my charge , neither by word of mouth , nor writing but passe an order in these very words , die martis . junij . ordered by the lords assembled in parliamen , that iohn lilburn shall stand committed close prisoner in th prison of newgate , and that he be not permitted to have pen , ink or paper , and none shall have accusse unto him in any kind , but his keeper , untill this court doth take further 〈◊〉 . and that is when they 〈…〉 and just , which i do confidently beleeve 〈◊〉 never be ; here is illegall 〈…〉 illegality , and tyranny upon the neck of that , and yet master wollastone and that barish fellow briscoe , executed it to the height without any scruple of conscience , although they might have as well by vertue of the same warrant have cut my throat , as have used me as they did , till the of july . at and upon which day they by force of armes , with thirty or forty of the hangmans guard of halberteers , and against all law and justice , carried me before the lords , upon pretence to hear my charge read , although the lords had not , nor have not in law the least power in the world to try me or to summon me , as hath been notably and undeniably proved in the case of sir iohn maynard and the four aldermen , in the releasing of whom as the lords have done , if ever they had any jurisdiction over commoners in any kind whatsoever , they have now 〈◊〉 given it away ; for they were all impeached by the house of commons , and their impe●●hments transmitted from them before ever they medled with them , which i never was , and yet flew as high in their protestations and declarations against the lords jurisdiction over them as ever i did , whom notwithstanding for all this , without stooping , submitting , or so much as petitioning , the lords released , and of their own accord took all their proceedings against them off the file , thereby declaring to the whole kingdom , that their own conscience told them they had no authority in law to go about to try them , being 〈◊〉 of their legall judges , though they were impeached by the house of commons , and that they had done nothing but their duty in protesting against them , and their jurisdiction over them . therefore ( my lord munson ) can it stand with the justice and 〈◊〉 of your house , in your first remonstrance to the kingdom , pag. . to cry 〈◊〉 so bitterly as you do against the kings ministers , who durst be so bold and presumptuous to break the laws , and suppresse the liberties of the kingdom , after they had been so solemnly and evidently declared by the petition of right , by committing divers free men of england to prison for refusing to stoop unto the commission of loan , whereby many of them contracted such sicknesses as cost them their lives , and detaining others close prisoners 〈◊〉 many months together , without the liberty of using books , pen , ink , or p●per , denying them al the comforts of life , all means of preservation of 〈◊〉 nor permitting their wives to come unto them : and for the compleating of that cruelty , after yeeres spent in such miserable durance , to keep them still in their oppressed condition , not admitting them to be bailed according to law , and oppressing and vexing them above measure ; and the ordinary course of justice ( the common birth-right of the subjects of england ) wholly obstructed unto them : and divers others oppressed by grievous fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gaggs , confinements , banishments after so rigid a manner , as hath not onely deprived men of the society of their friends , exercise of their professions , comfort of books , use of paper or ink , but even violated that neer union which god hath established betwixt men and their wiv●● , by forced * and constrained separation , whereby they have been bereaved of the comfort and ●●●versation one of another . can all these doings be criminous and wicked in the king's ministers ? and can your denying of justice for seven yeers together to me , that suffered the grievousnesse of these very torments , be just and righteous ? let god and the world judge , whether you by your actions do not justifie all the foregoing unjust proceedings , nay , and out-strip them , in that you your selves do , or suffer to be done ( when you have power enough in your hands to remedy , but will not ) divers of the very self same things to some of the very self same men , after ( in obedience to your commands , in the sincerity of their souls ) they have freely adventured their lives ( and so carried themselves in all their actions towards you , that all their adversaries are not able , nor ever were , to lay in law my crime to their charge ) for the redresse of all the foresaid grievances ? and yet the best recompence you your selves give unto them , is , to toffe and tumble them yeer after yeer , from gaol to gaol ( without laying any crime unto their charge ) denying them the benefit of their birth-right , the law of the land , keeping thousands of pounds of their own from them , and endeavouring in their long imprisonments to starve and murder them , their wives and children , by being worse then the king was to your members , ( who allowed them three , foure , and five pounds a man weekly , notwithstanding their own great estates to live upon ) in allowing them never a penny to live upon , endeavouring to protect all those unrighteous † men that ( contrary to law ) have endeavouted to murder and destory them , and take away their lives and beings from the earth . and all this is my own case and sufferings from you your selves . therefore hear , o heavens ! and give ear , o earth ! and the righteous god , and all just men judge betwixt ●● . and therefore if there be any truth or resolutions in you to stand to any thing that you say and declare , i challenge at your hands the benefis of all your declarations and remonstrances , which are all of my side ; and particularly the notablest of declarations of the of may , and april . which was made before my contest with the lords , in which you declare ( par . book de. fo . & ) that although the necessity of war have given some disturbances to loyall proceedings , stopped the usuall course of justice , 〈◊〉 the parliament for the preservation of this right to impose and require many great and unusual payments from the good subjects of this kingdom , and to take extraordinary wayes for the procuring of monyes for their many pressing occasions ; it having pleased god to reduce our affaires into a more 〈◊〉 condition then heretofore : we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the ordinary course of justice in the severall court of judicatures of this kingdom , not intermeddle incases of private interest otherwhere determinable , unlesse it be in case of male administration of justice , wherein we shall so provide , that right be done , and punishment inflicted as there shall be occasion according to the law of the kingdom , and the trust reposed in us . therefore seeing that you that stile your selvs the fountain and conserva●●ry of the law , first par . book declar. pag. have declared in answer to the kings complaint against scandalous pamphlets ( which was the originall pretence of the lords quarrelling with me ) that you know the king hath wayes enough in his ordinary courts of justice to punish such seditious 〈◊〉 and sermons , as are any way prejudiciall to his rights , honour , and authority , pag. . and if the king the superior or creator of the lords , must be tyed in this case to the ordinary courts of justice , according to the laws of the kingdom , then much more the lords the creature or inferiour to the king ; and therefore i hope you will not be angry with me for refusing obedience to the illegall commands of the single lords , the inferious , or hinder me from obtaining justice , according to law , upon those that most barbarously executed them upon me , seeing you and the lords themselves have taught me , and all the people of england , disobedience to the illegall commands of the king the greater , as cleerly appears by your declarations of july the , & july , . par . book decl. p. . . . the words of which last are , that the lords and commons in parliament do declare , that it is against the laws and liberties of the kingdom , that any of the subjects thereof should be commanded or compelled by the king to attend him at his pleasure , but such as are bound thereunto by speciall service ; and if any messengers or officers shall by colour of any command from his majesty , or warrant under his majesties hand , arrest , take , or carry away any of his majesties subjects to any place whatsoever , contrary to their wils , that it is both against the law of the land , the liberty of the subject , and it is to the disturbance of the publick peace of the kingdom ; and any of his majestie 's subjects so arrested may lawfully refuse to obey such arrests and commands . to the same purpose you also were and declare , in pag. . . . therefore , seeing the law of the land is so often by you declared to be the undoubted birth-right of me , as well as the greatest lord in england , or parliament man whatsoever , i earnestly crave , and challenge at your hands , as much for my self , as you did at , and from the hands of the king , for the lord kimbolton and the five members , sir john hothan , and the lord maior pennington , alderman foulke , col. vean , and col. manwaring , viz. the benefit of the law of england in the ordinary courts of justice ; which is , not to be taken , or imprisoned , pass'd upon , nor condemned but by due processe of law , before a justice of peace , according to the law of the land , and not to be imprisoned but for a particular crime in law , expressed in the commitment , by those that have power in law to commit me ; nor to be tried or condemned , but by presentment , &c. before a jury of twelve men of my peers or equals of the same neighbourhood where the fact was committed ; which is , as you declare by sir edward cook in part institutes fol. . the ancient and undoubted birth-right of all the subjects of england , and to have my remedy at law , against all those that shall deal with me contrary to law. and that you challenged all these things for them before-mentioned , you may read in your own declarations , pag. . . . . . . . . . . . . . . . . . . . . . all which i cannot doubt but you will grant unto me , because it cannot rationally enter into my brest to conceive , that you your selves can judge it consonant to justice to set me , and thousands , and ten thousands of the people of the kingdom to fight at your command for the preservation of our birth-right the law , and then for you to deny it unto us , and deprive us of it , and to recompence us with slavery , which we are in , when we lose the benefit of the law. surely , this cannot in honour and justice become you , that call your selves the conservators of the law. but if you shall avowedly deny me the benefit of the law , you frustrate your end in making judges to be in westminster hall to execute the law , and put a mock upon the people , and dissolve the whole frame and constitution of the civill policy of the government of this kingdom into the originall law of nature , and leave every man to judge within his own brest what is just and righteous , and thereby 〈◊〉 me , whether i will or no , to do that in reference to you , which you in your great straits , did in reference to the king ; viz. appeal to the righ●●● judge of all the would , and the judgment of the people to decide the controversie betwixt you as appears in your own declarations , . part book doc. p. . . . . . . . . . . . . and if i perish , i perish . for what greater tyranny can there be in the world , ●● what greater straits can a man be put to , then to delayed justice , ( which is worse than to be denyed ) for above seven yeers together , by those that have raised a bloudy war , and pretended for justice : and then , after i have spent above li. in endeavouring to obtain justice and my own at your 〈◊〉 and after i have served you faithfully , and adventured my life in the field for you , and undergone multitudes of other hardships and hazzards at 〈◊〉 for you , and carried my self in all my actions towards you unspotted , and that upon you own declared principles : and after all this , to be toss'd and tumbled by you from gaol to gaol , year after year , for nothing but my honesty ; and can come to no legall tryall , although i have endeavoured it with all my might ; and to have by you thousands of pounds of my own kept from me , and not a penny in all my captivitie allowed me to live upon , but in the eye of reason exposed to famish and sterve , or to eat my wife and children o monstrous and unnaturall cruelty ! which i will maintain upon my life , it not to be parallell'd in all queen marie's dayes , nor in the worst of king charles his reign . so ( my lord ) i have done with my plea , and take leave to remain a true hearted englishman , john lilburn . now master speaker , having finished my plea to the committee of indemnity ; i must acquaint you that i brought it to the said committee , with whom i had some verball expostulations , after which i began to open my plea , having it fair writ in my hand , which the committee no sooner saw but presently they left ( me according to my desire ) to the ordinary course of the law , where i was necessitated at present to cease prosecution of woll●ston , because i was continually in expectation of my liberty from the lords , and therefore judged it but wisdom in me not to provoke them , and also for perfecting of my ordinance , for my long sought , dear bought , and hard suffered for reparatious , from old sir h. vane and the rest of my cruel star-chamber judges ; which ordinance with much adoe was as last concluded , though to little purpose as before truly is noted in p. , . and for my liberty , i was chiefly beholding for that to my friends in london , who in seven dayes got eight or nine thousand hands to a petition for me , in the day of your straits by the cavaleers , and presented it to your house , which my true friend , and faithfull and couragious fellow sufferer sir iohn maynard took the advantage of , and improved the utmost of his interest , and thereby became principally instrumentall both in your house and in the house of lords for my liberty then , unto whom i must and do returne the chiefest thanks for it . but now sir , seeing my life ( for nothing but my honesty , and because i will not be a slave to mens lusts ) is so strongly sought for to be taken away by those that have made the largest pretences and promises , that can be made in the world to deliver this nation from thraldom , bondage , vassallage and slavery ; and seeing they are such painted sepulchers that they are like to cozen all the honest men in england with religious cheaters , such as master edmond rozer , with whom as teacher to the congregation where i was a member , i walked many yeares in fellowship , and master william kiffin who was once my servant , and unto both whom the indearedest of my affections run out unto ; to either of which i never gave a provocation to , nor wronged in all my dayes to my knowledge , neither of which ( although the first of them and i have been familiar together for almost twenty years ) i am confident of it , in reference to my actings to the sons of men , are able to my face to say black is my eye , yet for these men so high and mighty in their pretence of religion , and in their former familiarity and friendship to me , to persecute me bitterly , and write reproachfull books &c against me and in the day of my calamity ( when the great men of the nation make deep furrows upon my back for nothing ) when i am as it were in the kennell , and my hands and feet tied , then to beat , buffe● , wound me , and pursue my very life ; o the height not only of unchristianity , but even of unmanhood it selfe ! such actions differing nothing in beastlinesse and brutishnesse from the brutest of beasts themselves ; if it had been enemies ( as david did in the like case ps . . , , . that had done it , i could have born it ; but for my familiar , bosome , indeared friends , to deal thus with me , and that in the day of my adversity , when my life is hunted for like a partridge upon the mountains , in this they are more unnaturall then the very pagans and heathens themselves ; for saith isaiah , cha . . . the inhabitants of the land of tema brought water to him that was thirsty , they prevented with their bread him that fled ; and for their mal●ing a frothy light , giddy headed fellow of me in their late book called walwyns wyles , easily deluded and drawn aside , being of no depth in my self ; i am confident there is no two men in england that know me , whose consciences are more perswaded of the falsity of that their own assertion in every particular then m. rozer , and master kiffin are , if they would speak the truth from their very hearts , the whole stream of my actions extraordinarily well known to both of them for these twelve or thirteen years together , being as a large demonstration that i understand the things i goe about ; and am not to be biased with favour , flattery , frowns , nor hard usage ; ( but act singly and nakedly upon my own principles that i beleeve god distills into my soul ) i beleeve as the actions of any man upon the face of the earth are , having never forsaken nor changed my principles from better to worse the space of one hour from the day 〈…〉 fatherly discovering , and distinct , and assured making known of his turnall , everlasting and unchangable loving kindnesse in the lord jesus unto my soul , to this day , although i am confident it is now above years , since i know god at my 〈◊〉 and reconciled father , that had particularly wasted and clensed my soul with the 〈◊〉 bloud of jesus christ , and had cansed the grace of god to appear in my soul , to 〈◊〉 me ( as a reciprecall duty spread abroad in my heart by the overflowings of the fountaine of love within me ) to abstaine from all ungodlinesse and worldly best , and to live soberly and righteously , in this present evill world , doing good to all , his especially to the houshold of faith , ingraving with his spirit upon my heart as with a point of a diamond those divine laws , viz. to doe to all men as i would they should do to me , and in all the carriages of my life to be watchfull over my actings , and not to be evill that good may come of it , and thirdly that seeing that i am bought with a pri●● by redemption , that therefore i should not be the servant of men ( to serve their best and wills ) but entirely and solely the servant of god , to glorifie him with my body , in rightous and just actions amongst the sons of men , as well as in my soul , in speculation , imgra●tion or adoration ; and so at present i leave them to the reflections of their own consciences , if the vanity of the world and the fadeing promotions thereof hath not eat out the life and sensible part of them ; into whose secrets 〈◊〉 let not my soul ( o lord ) enter into . but as for the rest of their subscribing comrades , being in all six or seven , i know not some of them , only 〈◊〉 price , and richard arnold i know to be men fitly to deserve the name of 〈◊〉 baristors , or known eves-dropers , so detestable and abominable therefore to all truly & really honest unbialed men that know them , that a man shal but defile himselfe to touch them with a paire of tongs , deserving no other answer from me for their indefatigable and restlesse pains to bespatter and destroy me , but either the highest of scorn , or a good cudgell in due time ; and so at pres●●● i leave them to the serious perusal of their own ugly forms and shapes , lively pictured out in that most excellent and masculine anatomy of them , by doct. brooks in his law book entituled the charity of churchmen , or a vindication of ( my most choice and honest comrade and fellow-sufferer ) master william walwyn . but in regard my grand adversaries , and their little boagles in london , doe continually report me to be a man of contention , and one that is never 〈◊〉 from broyls , nor never content with any government ; but full of self ●●●ceitedness , malice and revenge ; it will be very necessary for me to return a● effectuall answer to this , before i come to the main thing i intend . and therefore in the first place , when i was a childe ( as paul saith ) i thought as a childe , i did as a childe ; but after i came to have any discretion , well ngh twenty years agoe , my father brought me to london , and bound me apprendes to mr. thomas hewson near london-stone ; whom i served as faithfully about six years , as every apprentice served a master : and though he had no more but my self , and had many thousands of pounds went through my hands , driving a large whole-sale trade ; yet directly , nor indirectly , i cannot remember that ever i wronged him of a groat , or the value of it ; or that ever all the 〈◊〉 i was with him , i was ever branded or taxed with one bafe visible action ; or that i either gave or took a box on the eare , or any thing like it , or ever quarrelled with any flesh alive all the time i was there , ( although i had then as much mettle , life and spirit as most young men in london had ) only i must confess , my old master offered me sometimes some abuse , for which i carryed him before the chamberlain of london , and ever after lived in peace with him : and after that , in all the dayes of my calamity by the bishops , had the truest and cordiallest friend of him , that ever servant had of a master in the day of his tryall . and though in his service ( keeping only a ware-house ) severall days in the week i had spare time enough , yet i never misspent it , but continually spent it in reading the bible , the book of martyrs , luthers , calvins , bezaes , cartwrights , perkins , molins , burtons , and rogers works , with multitude of other such like books that i had bought with my own money ; till the foresaid mr. edmond rozer , my familiar friend and neighbour , and fellow-professor of religion , ( conversant at my masters house from the beginning of my coming to him ) brought me in anno . acquainted with dr. bastwick then prisoner in the gatehouse , whom after i visited constantly , and for whose service i could have laid down my life ; and for my true affection to him , i was forced by the bishops and their catchpoles to fly into the low-countreys for refuge , just about the time of his banishment , where i was divers months , and where the kings ambassador , sir vvilliam boswell , laid for me ( as i was informed ) severall designes to put me a ship board , and send me over to england to the bishops here , for my visible activity there against them , which forced me continually to wear my sword about me ; yet in all my time there , i never gave nor took a box on the eare , nor had so much as a single quarrell ; and at my coming to england i was in danger enough , and therefore went like a swaggerer disguised , and yet was betrayed by my pretended bosome friend , john chilliburn servant to old mr. vvharton in bow-lane , and so fell into the devouring clutches of the high-commission , councell-board , and the star-chamber , all three of which had a sting at me : but in all my troubles and tryals by them for divers years together , i never saw or heard of any other prosecutor , but only two most desperate , forsworn , false oaths of my then familiar acquaintance , edmond chillington then button seller in cannonstreet , and now a forsworn lieutenant in colonell whaleys regiment of horse : which false oaths he was hired unto by the bishops and their chaplins , mr. baker , &c. and by means of which he got his own liberty , and this he did for my curtesie and kindnesse to him in his then captivity , &c. owing me at this day , i am confident of it , upon that account well nigh pounds : by meanes of which oathes , i had above stripes with knotted cords , given me by the bloody decree ofold sir henry vane , &c. and endured a world of other unheard of miseries and barbarous cruelties for three yeers together : and at my deliverance by the parliament , i could have had his eares for perjury , as easily as to have kissed my hand , if i had been revengefull ; but so far was i from that , that i never questioned him for it , but contrarily i requited him good for evill , when he was prisoner in oxford castle with me , and ready to starve , being destitute both of money and friends there ; and to save him alive , i readily lent him both gold and silver , as he very well knowes , by the same token i was without my money long enough ; and in the day of his prosperity here , i was fain to ask often enough for it , before i could get it again . so here it is true , i was in contestation with the high 〈…〉 board , and star-chamber , but they began with me , and not i 〈…〉 story of which you may read in my book called the christian mans 〈…〉 , for mr. vvill. larner ) it is true also , i had in them sufferings , 〈◊〉 contestations with gaolers , but it was to preserve my life , when they 〈◊〉 to law would have murdered me ; but with all my fellow-prisoners , &c. i lived as peaceably , as lovingly and friendly as any man in the world did ; and all this contestation was but for the maintaining my legall rights due to me by the nation of right , which before the beginning of those troubles i had read , and a little understood : in which contest this parliament in its primitive 〈◊〉 hath justified me , in not only by abolishing the foresaid unjust courte by act of parliament ; but also in and by their votes of the th . may , ● . which thus followeth ; resolved upon the question . that the sentence of the 〈◊〉 chamber given against john lilburne , it illegall , and against the liberty of the subject ; and also bloody , wicked , cruel , barbarous & tyrannicall . resolved 〈◊〉 on the question , that reparations ought to be given to mr. lilburn , for his 〈…〉 forment , sufferings and losses sustained by that illegall sentence ; which i could i never got to this day , but had been a rich and happy man in reference 〈◊〉 〈◊〉 world , if it had been voted i should never have expected any ; for then might i have spent my eight years time in my trade beyond sea , that i have in a 〈◊〉 spent in following these votes ; and one way or other or 〈◊〉 to boot ; with seven or eight imprisonments besides for nothing . well , after this i fought with c. lunsford , and divers others at westminster , ( who drew first ) with my sword in my hand ' , to save the parliament 〈◊〉 throats from being out , conscienciously judging nothing that i had too good to hazard for so just an authority as i then judged them to be ; & they have 〈◊〉 well rewarded me for my pains , with or cruell imprisonments , and 〈◊〉 told me nor any body else to this hour wherfore , with many strong endeavour to take away my life in the said imprisonments unjustly ; but i hope , they ●p●cially will justifie me in that contest ; however , i from my heart beseech the righteous lord of heaven and earth to judge righteously and impartially betwixt them and me , and to manifest his righteous judgment betwixt to visibly to the world , that so the sons of men may see it , and behold it , and fear , and tremble before him . well , in the next place the wars begun betwixt them and the kings and truly having seriously read all their primitive most excellent declaration , and sufficiently my self smarted under the kings irregular government , in the violating of the laws of england , the compact betwixt him and his people ; which he in my judgment had then notably violated ; and not in the least doubting but they would be as good as their words and declarations , which were to secure the peoples lawes and liberties to them , and not in the least to seek themselves ; to provide for their weale , but not for their woe : and reading in the scripture , rom. . that the end of the institution of all magistracy in the world , is for a terror to evill doers , and for a praise to those that doe well ; the ●●●●ous consideration of which , wrought out something in reason in my one thoughts , to ballance the letter of those laws , ( which i then knew were absolutely for the king ) somthing like those generall rules or maximes in law , recorded by that most excellent of english lawyers , sir edw. cook in his part . institut . fol. . which are , that although the law ( of england ) speak in generall terms , yet it is to be bound up , or accepted , but where reason causeth , there the law ceaseth ; for seeing reason is the very life and spirit of the law is self , the law giver it not to be eseemed to respect that which hath no reason , although the generality of the words at the first sight , or after the letter seem otherwise : and it , in my reason , could not be rationall for any men to appoint a compact to be betwixt two parties , but to bind both equally alike , king as well as people ; and not to keep the people bound to the expresse letter of the kings part , or any others , when the king or that other , shall break his or theirs in twenty particulars , as by ship-money , projects , &c. and further , saith cook , fol. . ibid. such an interpretation of ambiguous things ( in law ) it always to be made , that absurdities and inconveniences may be avoyded : but absurdities and inconveniences cannot be avoyded , if the express and single letter of any law , in reference to a king or parliament , shall tie or bind me to cut my own throat , or any other wayes destroy my self , or my companions , brethren , or neighbours , which is irrationall or unjust for me to do : part. book decl. p. . so upon these or the like grounds , i took up arms in judgment and conscience against the king , and contested with his misgovernment in subduing my legall and native rights , and in my sufferings and arraignment at oxford therefore , carried my self with a great deal of resolution and undauntednesse of spirit ; for which the parliament by speciall declaration of the of december , justified me : which declaration you may see part book decl. pag. , . yea , and exchanged me very honourably , high above my quality and condition ; and at my coming home , some of them that were no mean ones , proffered my wife a place of honour and profit for me , then reputed worth about l. per annum : which i conscientiously scorned and slighted , professing unto my wife , to her extraordinary grief , that i must rather fight ( though it were ) for pence a day , till i see the liberties and peace of england setled , then set me down in a rich place for mine own advantage , in the midst of so many grand distractions of my native country as then possessed it : and so i left old essex , that had been so generous unto me in giving me almost l. ready money at my deliverance , as colonel flettwood and colonel harrison very well know : but him for all that ( i say ) i left , for his persecuting for non-taking the covenant , and down to lincolnshire i posted , to my then two darlings and familiar friends , monchester and cromwel ; where i engaged heartily , [ and spent all essex his money freely ] and contiued in many a desperate service , till manchester visibly degenerated , and would have hanged me , for being over-honest , and over active in taking in tikel castle too soon : which with his visible turning knave , and apparantly betraying his trust at dennington , in defigning his army , or the best part of it , a sacrifice to the kings fury , made me engage against him and others of his associates , with cromwel , who thereunto sollicited me , and also threw up my commission ; and so his basenesse spoyled a souldier of me , that i could never fight as a souldier since ; although cromwel by himself face to face , and by his agents ( i am confident of it ) hath from time to time much , and as earnestly solicited me , as is possible for a man to be solicited , to take up command in fairfax his army . but no sooner was i by the ears with manchester , who first began with me , but mr prynn wrote his desperate invective books against us all that would not be conformable to the covenant ( that cheat , ) and the scots presbytery ( that every thing and nothing ; ) and would have bad us all destroyed , or banished the land of our nativity : so in conscience to god , and safety to myself and brethren ( mr edmund roser , my present unworthy antagomst , being that my pastor or teacher ) i was inwardly compelled to deal with him , that then sought to destroy the generation of the righteous ; and accordingly i wrote him a sharp epistle , now in print , dated jan. . which brought upon ●● back a whole sea of troubles ; and a vote or votes in the house of commons past against me : whereupon , without any more a doe , black corbet and the committee of examinations makes me a prisoner , and tosseth and ●umbleth me to the purpose : so before him , upon the of june , was i forced of give in my reasons ( now in print ) wherefore i wrote that excellent and seasonably epistle ( which was the first avowed publick cannon i know of in england , discharged against the then insulting presbyter , for the liberty of the consciences of my present bloudy and malicious persecutors , that now stile themselves the pastours and leaders of the churches of god ; but do indeed and in truth , by their unnaturall , unchristian , and unjust actions deserve no other stile , but men fit for nothing but to be the pastors and leaders of the synagague of ●atan . ) the whole story of which contest with mr prynn , you may read at large in the beginning of my book , called innocency and truth justified shal i hope my present adversaries , who pretend themselves to be leaders in the churches of god , will justifie and acquit me from guilt or crime in these contests ; especially considering that they themselves ( that now are so violent in hunting after my bloud , and the bloud of my associates , in the day of our trouble and calamity , now we are under hatches ) durst then do not thing manlike for themselves ; but sate in silence like a company of 〈◊〉 without souls or hearts . and then before i well got rid of this broyl , you your self got the house of commons the day of july . to fall upon my bones , and vote 〈◊〉 prison i know not wherefore , unlesse it were for riding post from summerset-shire through twenty dangers to bring you the first news of the lord gorings 〈◊〉 being routed at lampert ; for you never told me other to this hour ; but yet i was to●●ed by your own means , from hunt your serjeants hands , to the hands of knight his deputy ; and from thence the of august to newgate , by that old patentee monopolizer lawrence whittaker , then chairman to the committee of examination ; and when you had got me to newgate , then you got your bull-dogs in the house to bait me to the purpose , and also turn'd me over to be araigned at the sessions in old-hatly and so to be hanged at tyburn ; for you appointed bradshaw your bloody and unjust lord president , master seale and walker &c. to prosecute me for my life ; but after i had sufficiently baited both you and your unjust house ; you sent me to newgate a hundred pound in mony , i thinke to get me to hold my peace , and the of october . most honorably voted me out of prison , and so your self being my accuser , prosecuter and judge , justified me in this contest , the relation of which you may at large read in that notable book called englands birth-right , and in my epistle of two sheets of paper in print dated . july . but especially in my large book 〈◊〉 and called innocency and truth justified ; and in this contest with you , any old acquaintance doctor bastwick , ( for whose sake in the bishops days i underwent more sorrows then is to be found in any ordinary death ) fell upon me also , so that likewise i was faine to contest a little with him , but he begunne first . and after this , viz. upon the day of april . colonel edward king arrests me in an action of l. at westminster for calling him traitor , which was only in truth , for discharging my duty in prosecuting him , for betraying his trust to the kings party , while he was my colonel in lincolnshire , and in this contest abundance of your own ordinances justified me : which while i pleaded them in my epistle to judg reeve of the of june now in print , before whom kings action were dependent ; the guilty conscioned judge grew as angry with me therefore , as the lawyers in christs time did at him , for reproving the hypocrisie of the scribes and pharisees , although nominally he medled not with them , yet their own guilty consciences did inwardly accuse them , which made one of them say , master , in saying then , thou reproachest us also , luke . . unto whom christ replyes and saith , vers . . &c. wo unto you also ye lawyers ; for ye lade men with burdens grievous to be 〈◊〉 and you yourselves touch not the burthens with one of your fingers . wo unto you for you build the sepulchers of the prophets , and your fathers killed them . truly ye bear witnesse that ye allow the deeds of your fathers : for they indeed killed them , and you build their sepulchers . therefore also said the wisdom of god. i will send them prophets and apostles , and some of them they shall slay and persecute ; that the bloud of all the prophets which was shed from foundation of the world may be required of this generation , from the bloud of abel unto the bloud of zacharias , which perished between the altar and the temple : verily i say unto you it shall be required of this generation . woe unto you lawyers for ye have taken away the key of knowledg ; ye entred not in your selves , and them that were entring in you hindred . and accordingly judge 〈◊〉 being wounded within at the down-right truth of my forementioned epistle or plea. that lasheth the base and abominable coruptions of him and the rest of his brother-judges , then and now administrators of the law ; and finding something in it that brands manchester for an unjust man in his late generalship , who then was speaker of the house of pee●s , away to him trudgeth the judge in all post haste with my book , to get him by his power to be revenged of me which he was easily provoked and perswaded too and accordingly the of june . he gets an order to passe the lords house , to summon me up to the lords bar to answer to such things as i stood charged before their lordships with , concerning the writing the foresaid letter or plea , and when i came to their bar they dealt with me like a spanish inquisition , in examining me against my selfe , which forced me then at the bar to deliver in my plea in law , to prove that by the laws of england they had no jurisdiction over commoners , to try them either for life , limb , liberty , or estate , which you may read in my printed book , called the freemans freedom vindicated , which plea and protestation made them mad , and for which they sent me to newgate , from whence upon the of june i sent my appeal for justice to the house of commons against them , which made the lords madder , whereupon they upon the of june . issurred 〈…〉 bring me to their bar again , where in contempt of their jurisdistion , 〈…〉 to kneel , for which they committed me to the foresaid wollastone 〈◊〉 of newgate , to be kept close prisoner without pen , inke or paper , the 〈…〉 or any other friend , which was with rigour sufficiently exercised upon me , till the ●● of july . which day they issued our another order to bring me again to their bar , at which when i came , in the height of contempt of their jurisdiction , i marched in amongst them with my bat or , & not only refused to kneel at these bar , but also with my fingers stops both my ears when they went about to read my ●●tended charge , for all which they fined me l. to the king , and forther sentenced me to be a prisoner seven yeares , or during their pleasure , in the t●●er of london , to be for ever disfranchised of being capable to bear any 〈…〉 military or civill government , in church or common-wealth ; and accordingly i was committed to the tower , where i was in the nature of a close prisoner , divorced from the society of my wife , till the of september 〈◊〉 whereupon a strong warre was made upon the lords and their jurisdiction , by the authors of those two notable books , called vane plebis , and royall , and i also paid them prety well my self , in my two large books , called , londons liberty in chaines discovered , and londons charters , and by a large 〈◊〉 of my wives , and accompanied at the delivery of it with divers of 〈…〉 friends , i got my business to the examination of a commities of the house of commons , before whom i appeared , and pleaded the th . november , . and had fair play , but waited month after month , and 〈◊〉 get no report of it made by reason of the swoy and power that mr. denail 〈◊〉 , sir philip stapleton , & the rest of their associates had bene in the house of 〈◊〉 , who were then strong confederates with the lords in their unjust 〈◊〉 , and my then professed enemies , in keeping me from justice , the 〈…〉 of the law and my right : whereupon i was compell'd and necessitated by a hard , long . and almost starving imprisonment to engage against them ; which i did to the purpose , as you may read in my books , called , the oppressed ●●● oppressions declared ; the out-cryes of oppressed commons ; the resolved man resolution ; and rash-oaths . and then the army turned up the chief of 〈…〉 heels , by a trick of hōr●● porus , alias , an impeachmeny ; and the● up got mr. oliver cromwall my pretended friend , with whom , and in whose quarrel ( for the liberties of the common-wealth ( as he pretended ) at his earnest follcitation of my wife in london , to send for me from the 〈◊〉 then at crowland ; ( and by his message delivered unto me for that end , by his brother-in-law major desborough , near sir will. russels in cambridg-shire ) i engaged against the earl of manchester , &c. and was one of the first ●vidences that gave in my testimony against him , before mr. lisle then 〈◊〉 to that committee , where manchesters impeachment did then depend ; but alass , mr. oliver impeached him only for this end , ( as the fequel fully 〈◊〉 ) not in the least for justice-sake , but only to get him , &c. out of his command ) that so he might get in a friend of his own into it that he could rule , and it may be in time himself ; both of which he hath compleatly done : but i say mr. oliver ; by the help of the army at their first rebellion against the parliament , their lords and masters , was no sooner up , but like a most perfidious base unworthy man , he turned my enemy and jaylor , and was as great with manchester in particular as ever ; yea , and the house of peers were his only white boyes ; being more then his drudges , and more conformable to his will then the house of commons it self ; and who but oliver ( that before to me had called them in effect both tyrants and usurpers ) became their proctor where ever he came , yea , and sot his son ireton at work for them also , insomuch as at some meetings with some of my friends at the lord whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed as in the sight of god , upon his conscience , that the lords had 〈…〉 a right to their legislative and jurisdictive power over the commons , as he had to the coat upon his back ; and he would procure a friend , viz. mr. nath. 〈◊〉 , should argue and plead their said right with any friend i had in england ; and not only so , but did he not get the generall and councell of war as windsor ( about the time when the votes of no more addresses were to pass ) to make a declaration to the whole kingdom , declaring the legall rights of the lords house , and their fixed resolutions to maintain and uphold it ? which , as i remember was sent by the general , &c. to the lords by sir hardiasse vvaller ; and to indear himself the more unto the lords ( in whose house without all doubt he intended to have fate himself ; ) he required me evil for good , and became my enemy to keep me in prison , out of which i must not stir , unless i would stoop and acknowledge the lords jurisdiction over commoners , ( and for that end he set his agents and instruments at work to get me to doe it ; ) and it became the above-board work of him and his son-in-law , after a little under-hand working , to make all means gone about in the army for my liberty , ineffectuall , or a seate to me ; so that i was pinched and forced for my own preservation , to fall about olivers eares , and his sons both , to discover their depth of 〈…〉 by themselves and agents in their base dealing with me , ( who was them almost destroyed in prison by their villany ) as you may partly read in my books , called , the juglers discovered ; jonah's cryes out of the wholes holly ; the peoples prerogative ; my additionall plea before mr. john maynard of the house ; and my whip for the present house of lords . but to fill up the measure of his malice against me , after by my own induttry and importunity , i had got a little liberty , in spite of him and his faction , from your house , he and his faction got your house again to commit me and mr wildman prisoners as traytors , upon . jan. . for but mannaging an honest petition , that did but a little touch upon the lords power : and yet this very mr. oliver hath since been the principall instrument to pluck up the house of lords by the roots , as usurpers and encroachors , because they would not joyn with him to cut off the king's head ( for that which he is as guilty of himself ) and so take him out of his way , that he might be absolute king himself , as now he is , and more then ever the king was in his life : for he can , and hath taken severall free men of england by the shoulders at the house door , and in westminster-hall , and by his will , without any ●ne processe of law , commited them prisoners to his mercinary janisaries , ( as lately he hath done to honest cornet chesman , ( not of the army ) for but deliuering a letter of his unjustly imprisoned captains , cap. bray , to the speaker , and soliciting him for an answer to it : ) the like of which tyranny the king never did in his reign ; and yet by saint oliver's means , lost his head for a tyrant . but the thing that i principally 〈◊〉 at here , is , to declare , that oliver and his parliament now 〈…〉 ( for the nations it is not ) having pluck'd up the house of lords by the roots , as usurped , tyrannicall , and unjust , hath thereby himself justified not in all my contests with them , in denying their jurisdiction over common●●● by law. and although oliver had his hands full with poyer , goring , holland , hamilton and langdale the last yeer ; but especially with the generall 〈…〉 was then in both houses against him ; upon the notable impeachment of his major huntington , and i then by my absolute freedom was a little up , and could have at my pleasure been revenged of him , if i had so pleased , either by divisions in his army , which was easily then in my power ; or by joying in impeaching him with major huntington ; which i had matter enough to do , and was earnestly solicited to it again and again , and might have had ●●● enough to bost in my then low and exhausted condition : yet i scorned it , and rather applyed my hand to help him up again , as not loving a scotch interest , it is very well and fully known to his present darling mr cornelius holland , and also to colonel ludlow , and mr thomas challoner , with other members that i could name ; and which was demonstrated to himself by a letter i sent him by mr edw. sexby , whom on purpose i procured to go down to him : the true copy whereof thus followeth : sir . what my comrade hath written by our trusty bearer , might be sufficient for us both ; but to demonstrate unto you that i am no staggerer from my first principles that i engaged my life upon , nor from you , if you are what you 〈◊〉 to be , and what you are strongly reported to be ; although , if i prosecuted ●● desired revenge for an hard and almost sterving imprisonment , i could have had of late the choice of twenty opportunities to have payd you to the purpose ; but i 〈◊〉 it , especially when you are low : and this assure your self , that if ever my band he upon you , it shall be when you are in your full glory , if then you shall decline from the righteous wayes of truth and justice : which , if you will fixedly and impartially prosecute , i am yours , to the last drop of my heart bloud , ( for all your late severe hand towards me ) john lilbvrn . from westminster the of august , being the second day of my freedom , which letter &c. as i have been told by the bearer , was not a little welcome . but his dealings with me now manifest that proverb to be very true , ●● save a thief from the gallows , and for your requitall , he will be the first shall have you . but to this i shall say no more but what the spirit of truth saith in 〈◊〉 . . . that he that rewards evill for good , evill shall not depart from his 〈◊〉 . and being at liberty , not liking in the least the several juglings i observed in divers great ones in reference to the personall treaty , and that there was nothing worth praising or liking thought of or presented by the parliament in reference to the peoples liberties or freedoms , ( especially considering their late large expences and hazards for the procurement of the settlement of them ) i was compelled in conscience to have a hand in that most excellent of petitions of the of septemb. . which ( i am sure ) was no small piece of service to cromwel and his great associates : though his church-men , now my chiefest adversaries , durst not joyn in it , nor own it for very fear . and hauing been in the north about my own business , where i saw cromwel , and made as diligent scrutinies into things about him , as i could ; which i then to my self judged , savoured more of intended self-exalting , then any thing really and heartily ( of what before i had strongly heard of him ) to the through advancement of those things that were worthy to be accounted indeed the liberties and freedoms of the nation . and being come to london , my self and some other of my friends , by two messengers , viz. mr. hunt one of cromwel's creatures , and another , sent a message down to him to pomfret , to be delivered to himself , and to debate it with him , and bring his expresse answer back again speedily : the effect of which message was , that to our knowledge , god had caused him to understand the principles of a just government , under which the glory of god may shine forth by an equall distribution unto all men . that the obtaining of this was the sole intended end of the warre : and that the warre cannot be justified upon any other account , then the defence of the peoples right , unto that just government , and their freedom vnder it . his answer to which message by mr. hunt was principally directed to the independents ; some of whom appointed a meeting at the nags-head tavern by blackwell-hall , and invited m. wildman and my self , &c. thither , whether we went accordingly , and where : wee met with colonel ti●hburn , col. j●hn white , dr. parker , mr taylor , john price , and divers others ; where we had a large debate of things , and where the just ends of the war were as exactly laid open by mr. vvildman , as ever i heard in my life . but towards the conclusion , they plainly told us , the chief things first to be done by the army , was first to cut off the kings head , &c. and force and throughly purge , if not dissolve the parliament : all of which we were all against , and press'd to know the bottom of their center , and in what they would absolutely rest for a future settlement : and i plainly told them in these words , or to this effect . it s true , i look upon the king as an evill man in his actions , and divers of his party as bad : but the army had couzened ●● the last year , and fallen from all their promises and declarations , and therefore could not rationally any more be trusted by us without good cautions and security : in which regard , although we should judge the king as arrant a tyrant as they supposed him , or could imagine him to be ; and the parliament as bad as they could make them ; yet there being no other balancing power in the kingdome against the army , but the king and parliament , it was our interest to keep up one tyrant to balance another , till we certainly knew what that tyrant that pretended f●irest would give us as our freedoms ; that so we might have something to rest upon , and not suffer the army ( so much as in us lay ) to deceive all the government of the kingdom into their 〈◊〉 and 〈◊〉 ( which were two things we nor no rationall man 〈◊〉 and leave no persons nor power to be a counter ballance against them : and if ●● should do this , out slavery for future ( i told them ) might probably be gro●n that ever it was in the kings time , and so our last errour would be greater then our first and therefore i pressed very hard for an agreement amongst the people first , utterly disclaiming the thoughts of the other , ill this was done . and this ( i told them ) was not onely my opinion , but i beleeue it to be the unanim●m opinion of all my friends with whom i most constantly conversed . at which the gentlemen independents were some of them most desperately cholerick : but my opinion being back'd with the speeches of some 〈◊〉 of my friends , we came calmly to chuse out four and four of a side to 〈◊〉 and conclude of some heads towards the accomplishment of an agreement of the people : and ( as i remember ) their four were colonel 〈◊〉 col. white , dr parker , and jo. price ; and our four were m. william walwyn , li●●●●nant-col . wetton , m. john wildman , and my self . but john price seat some of the company to tell us ( after we were parted , and some of us drinkings ●● of wine below ) he would not make one , if mr walwyn was one , for he had a prejudice against him . unto which i replyed , m. walwyn had were 〈◊〉 and integrity in his little finger , then john price had in all his body ; and therefore no meeting for me , seeing john price was so base , unlesse mr vvalwyn ●as one , though we had but two of a side : but the businesse being much debated and expostulated , mr. vvalwin and john price both ( for peace sake ) were at present laid aside : and according to appointment ( as i remember ) all the other six met the fifteenth of novemb. , being wednesday , at the fore-mentioned nage head ; and there , after some debate , unanimously agreed in these words , viz. that in our conceptions , the onely way of so●●ment is , . that some persons be chosen by the army to represent the whole body : act that the well affected in every county ( if it may be ) chuse some persons to repress●● them : and those to meet at the head-quarters . . that those persons ought not to exercise any legislative power , but only to 〈◊〉 up the foundations of a just government , and to propound them to the well-official people in every county to be agreed to : which agreement ought to be about law ; and therefore the bounds , limits and extent of the people's legislative deputies in parliamens , contained in the agreement to be drawn up into a formall contract , to be mutually signed by the well-affected people and their said deputies upon the days of their election respectively . . to prevent present confusion , the parliament ( if it be possible ) may not be by force immediately dissolved ; but that the day of its dissolution be inserted in that agreement , by vertue whereof it shall be dissolved . . that this way of settlement , ( if it may be ) should be mentioned in the arm●'s first remonstrance . . that the matter of the petition of septemb. . be the matter to be setled . which agreement of ours ( as i remember ) was immediately some away , to the head quarters at st. alban's by mr hila●● of southwark , where ( to it was afterwards told us , it was very well accepted and approved of by the great ones there ; whose high and 〈◊〉 declarations 〈◊〉 by 〈◊〉 windsor , when he pretended to lay down his commission ) against the king coming to our view , we made divers objections against many passages in it , but especially at divers lashes that excitely at the beginning of is 〈…〉 us : which we told some of their friends , could not be put in with a spirit of peace towards us , or intention of good to the nation , in those good things we desired and propounded for it : but it was with many fair expressions salved up by them ; upon which we judged it requisite for some of us to go to windsor , to speak with mr 〈◊〉 the s●●●-man himself ; and accordingly ( as i remember ) lieut. colonel vveiton , mr petty , mr vvildman , and my self met there ; and having drawn up our thoughts in writing , we communi●ted them to col. tychburn , col. vvhite , m. moyer , and divers others of the independent party , who went with us to the governours house , where we met with mr peters , the grand journey-●● ha●kney-man of the army ; and after we had acquainted him with out windes , we delivered him a copy of our paper , containing distinctly the heads of what we desired , and intreated him to deliver them to commissary ireton , with whom we desired to discourse about them ; who sent us word , at such an hour be would come to our ion at the garter , to speak with us about them ; and accordingly he did , accompanied with a whole train of officers ; and a large and sharp discourse we had ; our principall difference lying at his desire in the too strict restraining liberty of conscience , and in keeping a power in the parliament to punish where no visible law is transgressed ; the unreasonablenesse of which was much spoken against by divers of the principall officers with him , but especially by col. harrison , who was then extreme ( air and gilded : and so little satisfaction had we at that meeting , from ireton ( the army 's alpha and omega ) that we despaired of any good from them , and were in a manner resolved to come away in haste to london , and acquaint our friends with our conceptions , and so improve our interests forcibly , as much at we could , to oppose their sounded designes . but colonel harrison coming to us again it ten a clock , according to our desire , we had a private and large discourse with him , and fully and effectually acquainted him with the most desperate mischie vousnesse of their attempting to do these things , without giving some good security to the nation for the future settlement of their liberties and freedoms , especially in frequent , free , and successive representatives , according to their many promises , oathes , covenants and declarations ; or else is soon as they had performed their intentions to destroy the king , ( which we fully understood they were absolutely resolved to do , ( yea , as they told us , though they did mutiall law ) and also totally to ●oot up the parliament , and invite so many members to come to them as would joyn with them , to manage businesses , till a new and equall representative could by an agreement be setled ; which the chiefest of them protested before god , was the ultimate and chiefest of their 〈◊〉 and desires ) i say , we press'd hard for security , before they 〈…〉 these things in the least lest when they were done ; we should he solely left to their wills and swords ; by which , we told them , they might rule over us 〈…〉 laws , as a 〈◊〉 people , and so deal with us as 〈◊〉 slavish peasants ●● france and deale with , who enjoy nothing that they in call their 〈…〉 . all besides , we plainly valid we would not trust their bare 〈…〉 rall onely , for they had broke their promise once already , both with 〈…〉 the kingdom ; and he that would break once , would make no conscience of breaking twice , if it served for his ends , and therefore they must come to some absolute particular compact with us , or else , some of us told him , we would post away to london , and stir up our interest against them , yea and spend our blouds to oppose them . to which he replyed to this effect , he was true in what we said ; for he must ingenuously confesse , they had ones 〈◊〉 with us and the kingdom , and therefore acknowledged it was dangerous ●●●sting them upon generals again : bursaith he , we cannot slay so long from going to 〈◊〉 with the army as to perfect an agreement ; and without our speedy going , we 〈◊〉 unavoydably destroyed : for ( saith he ) we fully understand , that the treaty 〈…〉 the king and parliament is almost concluded upon ; at the conclusion of which ●● shall be commanded by king and parliament to disband , the which if we 〈…〉 unavoydably destroyed for what we have done already : and if we do not 〈…〉 will by act of parliament proclaim us traytors , and declare in to be the onely 〈…〉 of setling peace in the nation ; and then ( saith he ) we shall never be 〈…〉 with both the interest of king and parliament : so that you will be destroyed it well as we : sor we certainly understand that major generall brown &c. 〈…〉 hand preparing an army against us . and therefore i professe , i confesse , 〈◊〉 not well what to say to your reasons , they are so strong ; but our necessities 〈…〉 that we must speedily go , or perish ; and to go without giving you some content , is ●●●●●able too . well sir , ( said we ) we have as much cause to distrust the parliament 〈◊〉 , as we have to distrust you ; for we know what and how many large 〈◊〉 they have made to the kingdom , and how little they have performdely 〈…〉 we also know what a temptation honour , power , and profit are even to this spirits that were pretty ingenuous and honest before ; and when you have done your work , and got , as you pretend , forty or fifty of the honestest members of the house to you ; alas , ( said we ) it will be a mock power ; yet they may finde , such sweetnesse and delight in their pretended power , that they may sly to your swords for their protection ; and bid us go shake our 〈…〉 our agreement , and go look it where we can catch it . and therefore we will trust generals no more to your forty or fifty members of parliament , then to you : for it 's possible , if we leave the agreement to their 〈◊〉 , they may frame us such a one as will do us no good , but rather make 〈…〉 by our own consents , if signed by us : and therefore we pres●'d him that we might agree upon a finall and absolute judge of the matter and 〈…〉 the agreement , that so we might not spend months and yeers in dispute about it . and therefore we would propound this unto him , that if 〈◊〉 ●●nest friends in the parliament , as they called them , would-●●use 〈…〉 amongst themselves , and the army four from amongst themselves , and ●● independents four from amongst themselves ; we that were 〈…〉 l●vellers , would chuse four from among ourselves ; and 〈…〉 dra●●p the agreement finally , without any more appeal to any 〈…〉 for our parts , so far as all our interest in england extended , 〈…〉 willing to acquiesce in , and submit to the determinations of them , or the major part of them : and we would be willing the presbyterian party should be●●vi●ed and desired to chuse four more to be of equall authority with the other sixteen . provided , they did it by the first day we should appoint to meet upon . which p●oposition he approved of extraordinary well , and said , it was ●● just , as rationall , and as equitable as possibly could be ; and said , he doubted not but all interests would center in it , and ingaged to acquaint them with it : and so we parted , very glad that we were likely to come to some fixed agreement for the future enjoyment of our dear bought , and hard purchased fr●edoms . and the next morning we went to the gentlemen independents , that lay the next door to us , who were almost ready to horse for london , and we acquainted them with it , who liked it very well , and with whom we fixed a night for severall distinct meetings in london , to chuse our retpective trustees for this work , and also appointed a day to meet at winsor again about it , and from them we went to master holland , who then was the chief stickler , for those they called honest men in the house of commons , and as i remember we ●et colonel harison , master holland , and captaine smith a member , and his son in law in the street , and master holland seemed exceedingly to rejoyce at the proposition . colonel harison having told him of it before , which we repeated over distinctly to him , that so in conclusion we might not be gulled through pretence of mistakes or misunderstandings ; which we were continually a●●aid we should meet with ; so we went all together to commissary generall ir●●ons chamber to have his concurrence , which of all sides was taken for the concurrence of the whole army , or at least for the powerfull and gove●ning part of it ; he being in a manner both their eyes and ears : so when we came to his chamber in the castle , he was in bed with his wife , but sent us out word by colonel harison as he averred to us that he did absolutely and he●●tily agree to the foresaid proposition , which to avoid mistakes , was again repeated , so we seemed joyfull men of all sides , and apointed a day speedily to meet at winsor , about it , master holland againe and againe engaging for four parlsament men , and colonel harison , with commissary ireton for four of the army , as we londoners had done for each of our tribe ; and so to horse we went , and i overtook upon the road the whole gang of independants , with whom i discoursed again , and acquainted them all fully with the absolutenes of our agreement , which they acquainted their friends with in london , who chose colonel tichburn , colonel iohn white , master daniel taylor , and master price the scrivener ; and for our party , there was by unanimous consent of the agents from our friends in and about london , at a every large meeting chosen master william walwyn , master maximilian pe●●y , master iohn wildman and my self , and for the honest men of the parliament as they were called , they had severall meetings at the bell in kings-street , and at summerset-house , where as i was informed , they chose colonel hen●y martyn , colonel alexander rig●y , master thomas challi●● and master sc●t , with one or two more to supply the places of those of them that should be absent at any time about their : occasio●s ; so when we cam● to winsor the army men had chosen commissary generall iret●● , sir william constable , and as i remember colonel tomlinso● , colonel baxster , lieutenant colonel kelsey , and captain par●●● , 〈◊〉 two of the which last should alwayes make up the number ; so we had a ●●ting in their councel-chamber at the castle , where we were all of all 〈◊〉 present , but only the parliament men , for whom only colonel m●●●●● app●●ed , and after a large discourse about the foundations of our agreement , we departed to our lodging , where colonel martyn and we four nic●-named lovellers , lockt our selves up , and went in good earnest to the consideration of of our agreement , but much was not done in it there , because of their ha●●●●● london to force and breake up the parliament ( which journy at all ▪ was very much opposed by m. wa●wyn , and many reasons he gave against their 〈◊〉 ●● london at all ) the absolute desolution of which their friends in the 〈◊〉 would no ways admit of , although ireton , harison &c. commonly stiled it 〈◊〉 a parliament that had forfeited its trust , a mock parliament , and that if they did not totally dissolve it , but purge it , it would be but a mock parliament , and ● mockpower however ; for where have we say they either law , warrant or 〈…〉 purge it , or c●n any thing justifie us in the doing it ; but the height of 〈◊〉 to 〈◊〉 the kingdom from a new war , that they with the conjunction with the 〈◊〉 will presently vote and declare for , and to procure a new and free representative 〈…〉 successive and frequent free representatives , which this present parliament 〈◊〉 never suffer , and without which the freedoms of the nation are l●st 〈…〉 , and 〈◊〉 doing of which can only justifie before god and man ou● pres●●● 〈◊〉 formr extraordinary actings with , and against legall authority , and so all our fighting fruitlesse ; and this was their open and common discourse , 〈◊〉 more of the like nature ; and to those that objected against their totall ●●●●●ving or breaking the house , ( and the illegalitie of their intended and 〈◊〉 trying of the king , which also was opposed by us , till a new and unquesti●●●ble representative was sitting ; ) as i am able sufficiently by pluralitie of ●●nesses to prove and justifie , yea when they were come to london , 〈◊〉 , &c. and some members of the house ( in a chamber neer the long gallery i● vvhite-hall , ) had a large conference , where and to whom he stifly 〈◊〉 the same to their faces , calling this purg'd parliament , a mocks power and 〈◊〉 parliament , which members i beleeve if there were a necessiry of it , i could produce to justifie it ; for i am sure one of them told me the substance of all the discourse immediatly after it happened ; so that if it be treason to 〈…〉 a pretended parliament , a mockpower , a mock parliament , yea and to say in 〈◊〉 english , that it is no parliament at all , then they themselves are the pr●●● , the 〈◊〉 and originall trayto●● ▪ and if this be true , as true it is ; then there 〈…〉 legall judges , nor justices of peace in england ; and if so ; then all those 〈…〉 executed at tiburne , &c. by their sentences of condemnations given against them , ●● meerly marthered and the judges or justices that condemned the● 〈◊〉 liable in 〈◊〉 〈…〉 ( and that justly ) therefore , for acting without a just and ●●gall ●●●mission either from true regall , or true parliamentary power ; see for this purpose the notable arguments in the ▪ , but especially page of the second edition of my late picture of the councell of state : but to 〈◊〉 to our acting to compleat the agreement , all parties chosen of all sides ●●●stantly mett at white-hall after the army came to town , saving the parliament men failed , only master mortin was most commonly there , and a long and ●●dious ●ug we had with commissary generall 〈◊〉 only , yea 〈◊〉 whole nights together , principally about liberty of c●●sci●●●● , and 〈◊〉 parliaments punishing where no law provides , and very angry and lordly in his debates many times he was ; but to some kind of an expedient in the first , for peace sake we condescended in to please him , and so came amongst the major part of the commissioners , according to our originall agreement , to an absolute and finall conclusion ; and thinking all had been done as to any more debate upon it , and that it should without any more ●doe be promoted for subscriptions , first at the councell of warre , and so in the regiments , and so all over the nation ; but alas poor fools we were meerly cheated and cozened ( it being the principall unhappinesse of some of us ( as to the flesh ) to have our eyes wide open to see things long before most honest men come to have their eyes open ; and this is that which turns to our smart and reproach ) and that which we commissioners feared at the first , viz. ( that no tye , promises not ingagements were strong enough to the grand juglers and leaders of the army , was now made cleerly manifest , for when it came to the councel , there came the generall , crumwell , and the whole gang of creature colonels and other officers , and spent many dayes in taking it all in pieces ) and there ireton himself shewed himself an absolute king , if not an emperor , against whose will no man must dispute , and then ●●ittlecock 〈◊〉 their scout , okey , and major barton ( where sir hardres●e vva●●er sate president ) begun in their open councell to quarrell with us by giving some of us base and unworthy language , which procured them from me a sharpe retortment of their own basenesse and unworthinesse into their teeth , and a challeng from my selfe into the field besides seeing they were like to fight with us in the room , in their own garison , which when sir hardresse in my eare reproved me for it , i justified it and gave it him again for suffering us to be so affronted : and within a little time after i took my leave of them for a pack of dissembling juggling knaves , amongst whom in consultation ever thereafter i should scorn to come ( as i told some of them ; ) for there was neither saith , truth , nor common honesty amongst ●hem : and so away i went to those that chose and trusted me , and gave publikely and effectually ( at a set meeting appointed on purpose ) to divers of them an exact account how they had dealt with us , and couzened and deceived us ; and so absolutely discharged my self for medling or making any more with so perfidious a generation of men as the great ones of the army were , but especially the cunningest of machiavilians commissary henry ireton : and having an exact copy of what the greatest part of the foresaid sixteen had agreed upon , i onely mended a clause in the first reserve about religion , to the sense of us all but ireton , and put an epistle to it , of the of december ● , and printed it of my own accord , and the next day it came abroad ; about which mr price the scrivener and my self had a good sharp bout at colonel t●●bburn's house within two or three dayes after , where i avowed the publishing of it , and also putting my epistle to it of my own head and accord . and after that i came no more among●●hem , but with other of my friends , prepared a complaint against their dealing with us , and a kinde of protest against their proceedings ; which with my own ha●d i presented to the generals own hands at the news , the of december , being accompanied with major robert cobbet , mr. thomas prince , mr. george 〈◊〉 ●● mr. robert davies , mr. richard overton , mr. edward ●e●ch , mr. d●●i●l li●ton , mr. william bottom , mr. john harris , mr. thomas dafferne , mr. thomas goddard , mr. samuel blaiklock , mr. andrew dedn●m , mr. john walters , and mr. richard pechel ; and which was immediately printed by ja. and jo. moxon , for william larner , at the signe of the black moor neer bishops-gate : within two or three dayes of the delivery of which , i went towards my journey to newcastle ; and about five weeks after my arrivall in those parts , i heard that the general and his councel had presented their agreement to your house : which , when i read the title page of it , i found it to be upon the of january , which is compleat dayes after my publishing of that which is called ours . and yet in the third and fourth pages of a declaration of the proceedings of the general in reducing the late revolted troops , appointed by his excell●ncy and his councel of vvar to be printed and published may , and signed by their order , richard ha●ter secretary , and first printed at oxford , and then re-printed at london may ▪ . i finde these very words , viz. the grounds and manner of the proceedings of these men that have so much pretended for the liberty of the people , have been as followeth : there was a paper stiled the agreement of the people , framed by certain select persons , and debated at a generall councel of officers of the army , to be tendered to the parliament , and to be by them commended over to the people of the nation : it being hoped , that such an expedient , if assented unto , at least by the honest part of the people that had appeared for this common cause , to which god hath so witnessed , it would have tended much to settlement , and the composing of our differences ; at le●s● have fixed honest men to such grounds of certainty as might have kept them firm and entire in opposing the common enemy , and stand united to publick interest . the generall councell of the army , and the other sorts of men , going then under the name of levellers ( so baptized by your selves at putney ) who ( by their late actings have made good the same which we then judged but an imputation ) had ( as now it appears ) different ends and aims , both in the matter and manner of their proceedings : that which was intended by those men , was to have somewhat ●●dred as a test and coertion upon the people , and all sorts of men and authorities in ●he land : that which these , to wit , the councell of the army aimed at , was to make an humble representation of such things as were then likely to give satisfaction , and unite , and might be remitted to mens judgments , to be owned or disowned as men were satisfied in their consciences , and as it should please god to le● men see reason for their so doing ; that so it might not be onely called ●● agreement , but through the freedom of it , be one indeed , and receive it's stamp of approbation from the parliament to whom it was humbly submitted . hereupon those other men took so much dissatisfaction , that they forthwith printed and spread abroad their paper , which was different from that of the army ; using all possible m●ans to make the same to passe : but with how little effect , is very well known . and finding by the armie's application to the parliament , that they were likely , according to their duty , to stand by and own them as the supreme authority of the nation , they have by all means assayed to vi●●pend that authority , presenting them to the people ( in printed lib●ls , and otherwise ) as worse tyrants then any who were before them . in which passage of the generals and his councel , i shall desire to observe these things , which plainly to me are in the words : and if they can make it appear that i mistake their words as they are laid down , i shall cry them mercy . first , that they give a false and untrue narrative of the original occasion of that agreement , to which by our importunate importunity they were necessitated , and drawn unto that little they did in it as a bear to the stake , as is truely by me before declared ; and which , as the sequell shews , they undertook meerly to quiet and please us ( like children with rattles ) till they had done their main work ; ( viz. either in an●hilating or purging the house to make it fit for their purpose , and in destroyng the king ; unto both which they never had our consents in the least ) that so they might have no opposition from us , but that we might be lull'd asleep in a fools paradise with thoughts of their honest intentions , till all was over ; and then totally lay it aside , as they have done , as being then able to do what they pleased whether we would or no : for if they ever had intended an agreement , why do they let their own lie dormant in the pretended parliament ever since they presented it ? seeing it is obvious to every knowing english eye , that from the day they presented it to thi●●our , they have had as much power over their own parliament now sitting , as any school-master in england ever had over his boys . but to them it was presented ( who scarce ought to meddle with it ) on purpose , that there , without any more stir about it , it might be lodged for ever : for alas , an agreement of the people is not proper to come from the parliament , because it comes from thence rather with a command then any thing else ; so that its we , and not they that really and in good earnest say , it ought not to do , but to be voluntary . besides , that which is done by one parliament , as a parliament , may be undone by the next parliament : but an agreement of the people begun and ended amongst the people can never come justly within the parliaments cognizance to destroy : which the generall and the chief of his councel knew well enough ; and i dare safely say it upon my conscience , that an agreement of the people upon foundations of just freedom gon through with , is a thing the generall and the chiefest of his councel as much hates , as they do honesty , justice and righteousnesse , ( which they long since abandoned ) against which in their own spirits they are absolutely resolved ( i do verily beleeve ) to spend their heart blouds , and not to leave a man breathing in english air , if possibly they can , that throughly and resolutely prosecutes it ; a new and just parliament being more dreadful to them , then the great day of judgement spoken so much of in the scripture . and although they have beheaded the king , yet i am confidently perswaded their enmity is such at the peoples liberties , that they would sooner run the hazard of letting the prince in to reign in his fathers stead , then further really a just agreement , or endure the sight of a new parliament rightly constituted . secondly , it s plain to me out of their words , that they positively aver , that their agreement was presented to the parliament before ours was published in print ; which i must and do here tell both the 〈…〉 councel , is the arrantest lie and falshood under the cope of he●ven : for i have truely before declared , and will justifie it with my life , that ours 〈…〉 printed above thirty dayes before theirs was presented ; yea , it was printed before theirs was half perfected . but it is no wonder , when men t●●n their backs of god , of a good conscience , of righteousnesse and common hon●●y amongst men , and make lies and falshoods , oppression and bloody cruelty their sole confidence and refuge , that then they say or swear any thing ; all which , if the generall and his councel had not done , they would have scorned and abhorred , in the face of the sun , to have affirmed and printed so many lies , as in their foregoing words is literally ( without wresting ) contained . thirdly , they positively hint , our dissatisfaction was taken at them for presenting theirs to the parliament ; which is also as false as the former : 〈◊〉 . our dissatisfaction was above a month before declared in their open councel by my self , &c. as sir hardresse waller and divers others of them 〈◊〉 but justifie . . our dissatisfaction was long before taken , upon the grounds by me before specified : the manifestations of which dissatisfaction i presented to the generals own hands the of december , acco●●●●● and subscribed with my own name , and fifteen more of my co●●●es , i● behalf of our selves , and all our friends that sent us , which we also ●●●●●ately caused to be printed . and their agreement , as th●●itle of it decl●●● ▪ was not presented till the of jan. after . fourthly , they say , vve used all possible means to make ours passe ; 〈…〉 how little successe , they say , is very well known . if they mean , we used all p●ssible means to make ours passe with them , it 's true ; but the reason i● 〈…〉 better effect , was because they had no minde to it , it was too ho●●ct for 〈◊〉 : and i am sure , in the very epistle to it , it is declarared , that the 〈◊〉 reason of the printing of it , is , that the people might have ●● opport●●ity 〈…〉 the equitie of it , and offer their reasons against any thing therein 〈…〉 . and 〈◊〉 was all the means , after the printing of it , we used to make it passe . a●●●e , we knew the armies swords were longer then ours , and would by force ●● in pieces all our endeavours that we should use against their minds and 〈◊〉 , by reason of the peoples cowardlinesse ; and therefore we let ours rest , and were willing to sit still to see them perfect theirs , and never did any thing in it since amongst the people to make it passe , that i know of . fifthly , they say , vve were troubled at their doing their d●ty , in 〈◊〉 to authority , and ow●ing the parliament a● the supr●m● authoritie of the 〈◊〉 : when as alas , it is as visible as the sun when it shines in its glory and splendour , that corah , dathan and abiram of old were never such rebels against authoritie as the general and his councel are , 〈…〉 anabapt●●●s at m●ns●er with john of leydon and neperdullion were never more conte●●●ers of authority ; nor jack straw , nor wat tiler , nor all those faomous men mentioned with a black pen in our histories , and called rebels and trayt●rs , can never be put in any seale of equ●ll balance , for all manner of rebellions and treasons 〈◊〉 all sorts and kindes of magistracy , with the generall and his councell : and i will under take the t●●k upon my life , to make good every particular of this i 〈◊〉 say , to the g●●●●l's face . for did any , or all of them 〈◊〉 mentioned , 〈…〉 against their advancers , promotors and c●eators , as those have done two severall times ? did ever any , or all of them chop off ( without all 〈◊〉 of law ) a king's and nobles heads ? r●vish and 〈◊〉 a parliament twice ? nay , raze the foundation of a parliament to the ground ? and under the notion of performing a trust , break all oathes , co●●●●nts , protestations and declarations , ( and make evidently void all the declared ends of the war ) which was one of strafford's principal treasons , and which is notably aggravated against him by m. pym in his fore-mentioned speech against him ? pag. . . and under pretence of preserving their laws , liberties , and freedoms , destroy , annihil●te , and tread under their feet all their laws , liberties , freedoms and properties ( although they could cite against s●r●●ord the precedent of tri●●lian chief justice , who lost his life for delivering of opinions for the subversion of the law , as s. john's argument of law against him , pag. last but one declares ; yea , and against the ship-money judges , and also the precedent of judg belknap in king richard the second's time , who was by the parliament banished for but subscribing an opinion against law , though forc'd by a dagger held to his brest , thereto ; yea , and ci●e also the preced●nt against him , which was against justice thorp in edward the third's time , who was by the parliament condemned to death for bribery : the reason of which judgment , they say , was , because he had broken the kings oath , that solemn and great obligation ( as mr. pym ibid. calls it ) which is the security of the whole kingdom . ) all which forementioned , either with pen or tongue by dispute , i wil particularly maintain and make good upon my life , publickly , before the face of the kingdom , against the stoutest and ablest of their champions in all their pretended churches of god , either independent or an●baptistical ; and that they are altogether unsavoury salt , good for nothing but to be abominated , and thrown out to the dunghil , as fit for nothing but the indignation of god , and the peoples wrath . and as for their stiling this their own j●●to the supreme authoritie ; i know the time not long since , when that stile to be given to the house of commons single , was accounted an abominable wickednesse in the eye of the chiefest of them : yea , i also know the time , and am able sufficiently to justifie and prove it , that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ( frequently then calling it a mock-power , and a mock-parliament : ) yea , and had done it , if we , and some in the house of our then friends , had not been the principall instruments to hinder them ; we judging it then , of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a reall and true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and onely by the wil● of sword-men , whom we had already found to be men of no very tender consciences : but to me it is no wonder , that they own this for the supreme power , seeing they have totally in law , reason and justice broke the parliament , and absolutely , by the hands of tho. pride , set up indeed a mock-power , and a mock-parliament , by p●rgi●g 〈◊〉 all those 〈◊〉 they 〈…〉 way jeolous of , would not vote as they would have them , and suffering and 〈◊〉 none to sit but ( for the major part of the● ) a company of absolute school boys , the will , like good boyes , say their lessons after , them their lords and masters , and 〈◊〉 they would have them ; and so be a screen ( as yong h. vane used to call the king ) betwixt them and the p●ople , with the name of parliament , and the 〈◊〉 and imperfect image of legal and just authority , to pick their pockets for the● by assessments and l●x●●ions ; and by their arbitrary and tyrannicall courts 〈◊〉 committees , ( the best of which is now ●ecome a perfect star chamber , high-commission and councel board ) 〈◊〉 them their perfect slaves and 〈◊〉 their constant and co●tinuall breaking and abasing of their spirits ; a thing so much complained of against the e●rl of strafford , by the late parliament 〈◊〉 his tryal , especially in m. pym's notable speech against him , pag. as it is printed , at ●he lat●r end o● a book called speeches and passages : where speaking against oppression , and the exercise of a tyrannicall and arbitrary pow●● , ( the earl of st●afford , sins , which now are become more the great mens of the army ) ●e saith , it is inconfistent with the peace , the wealth , the prosperity of a nation , it is destructive to justice , the mother of peace ; to inductry , the spring of wealth ; ●● valour , which is the active vertue whereby the prosperity of a nation can 〈◊〉 be procured , confirmed , and inlarged . it is not only ape to take away peace , and so intangle the nation with wars ; 〈◊〉 doth corrupt peace , and puts such amalignitie into it , as produceth the effects of war , as he there instanceth in the earl of straffords government . and as for industry and valour , who will take pains for that ( saith he ) which when he 〈◊〉 gotten , is not his own ? or who will fight for that wherein he hath no other int●●est , but such as is subject to the will of another ? the ancient incouragement to 〈◊〉 that were to defend their countries was this , that they were to hazard their persons , pro aris & socis , for their religion , and for their houses ; but by this arbitrary way , which was practised ( by the earl ) in ireland and counselled here ; ●● man had any certainty , either of religion , or of his house , or any thing else to be his own : but besides this , such arbitrary courses have an ill operation upon the courage of a nation , by imbasing the hearts of the people ; a servile condition doth for the most part beget in men a slavish temper and disposition . those that live so much under the whip and the pill●ry , and such servile engines , as were frequently used by the earl of strafford , they may have the dregs of valour , sullenness , and stubbornness , which may make them prone to mutinies and discontents ; but th●se nobie and gallant affections which put men on ●rave designes and attempts for the preservation or inlargement of a kingdom , they are hardly capable of : shall it be treason to embase the kings coin , though but a piece of twelve-pence or six-pence ; and must it ●● needs be the effect of a greater ●reason , to embase the spirits of his subjects , and to set a stamp and character of servitude upon them , when by it they shall be disabled to doe any thing for the service of the king or common wealth ? o most excellent and transcendent saying ! worthy to be writ in a ●able of gold in every englishmans house . but sir , i say , no wonder , all the things foregoing rightly 〈◊〉 〈◊〉 ●● own you ( now as thom●● pride hath made you ) for the 〈…〉 of the nation , although before they would neither submit to the kings not the parliament , when it was a thousand times more unquestionably 〈◊〉 law and reason , then now you are ; but fought against both king and parliament , their setters up , conquered them , repelled them , subdued them , and broke them both ; and so pull'd up by the roots all the legall and visible magistracy and authority in the nation , and thereby left none but themselves , who stand in parallell to none ( as they have manage ● their businesse ) but to a company of murderers , theeves and robbers , who may justly be dispossessed by the first force that are able to do it ( as mr. py● undenyably and fully proves in the foresaid speech pag. . . . ) no pretended authority that they of themselves and by their swords can set up , having in the sight of god or man , either in law or reason , any more just authority in them , then so many argier pirats and robbers upon the sea have . and so much in answer at present to the forementioned part of the generals declaration . but now to return back , after this necessary digression , to my own s●●●y of going down into the north , where &c. i received of my l. allotted me , for my hard suffered for , deer purchased , and long expected reparations , l. of sir arthur hasterig , for sequestred coles and iron , of mr. bowes's , and got besides betwixt and l. in rents , free-quarter and taxes having eat out the bowels , soul and life of them , being served in the wood allotted me , ( the principall thing in my e●e , by old sir henry van● my old blo●dy enemy ) as is in part declared before in page and . who hath treason and crimes enough upon him , not onely to throw him out of the house , if it were any , but also to send him to a sca●●old or gallows , as is very notably declared in print in england's birth right , pag. . . . in which pages you may read his charge of high treason exhibited against him to the earl of ess●x in anno . by severall gentlemen of the county of darham ; for his trayterous betraying their country ( and so consequently all the north ) to the earl of newcastle ; for which &c. ●e better deserved in law , equiry and reason to lose his head , then either h●mbleton , or stout capel did for theirs , they having betrayed no trust ( but had the letter of the law of england &c , to j●stifie them in what they did ) as ●e most palpably hath done . and as for his breaking up the little parliament , his star chamber wickednesse , and his desperate gun-powder monopoly , with his and his so●● sir geo●ge vane's late jugglings in the county of durham ▪ i have pretty well anatomised in my book called the resolved mans resolution , page . . . . . . his very having a hand in the gunpowder monopoly alone being sufficient long since to throw him out of your house , as being uncapable to be ● member therein , as cleerly appears by your votes and orders of the . and of nov. . one of which , as it is printed in the foresaid speech●● and passages , pag. . thus followeth : it is ordered upon the question , that all projectors and monopolizers whatsoever ; or that have had any share in any monopolies , or that ●●receive , or 〈…〉 receives any benefit by any monopolies or patent , or that have procured any warrant or command for the restrain● or molesting of any that have refused 〈…〉 themselves ●● any proclamation or project , are disabled by order of this house , to be ● member thereof , and shall be dealt with as a stranger , that hath no power to sit there . in the compas●e of which order is ●oth sir henry mil●●ore and law●●● vvhittaker , and ought in justice , for their no●orious monopolising , to be both long since thrown out of the house . but again to return : after i had done as much in the north as i could ●● present do about my own busines●e , i came again to london , where i fixed up my resolution wholly to devote my self to provide for the future well-being of my wife and children , and not without the extraordinariest necessity engage in any publick contests again , making it my work to enquire into the true estate of things with the great men that s●t at the ●elm , and whether the bent of their spirits now after they had taken off the king , was to set the nation free from ty●anny , as well as from some they called principal tyrants ; and whether or no the drift of all their actions were but a meer changing of persons , but not of things or tyranny it self : and truly my observations and inquiries brought me in so little satisfaction in the visible intention of the ruling men , for all their many solemn ingagements to the contrary , th● i looked cleerly at the whole tendency of their wayes , to drive at a greater tyranny then ever , in the worst of the kings reign , ( before the parliament ) was exercised : at which i bit my lip , but said little , and went to no meeting ; which made many of my old faithfull friends be jealous of me , some of whom gave out some private hints , that i had now served my self by my pretended rep●rations , and i was thereby quieted , and was become like all the rest of the world , and so there was an end of me . but i confesse , i was in a kinde of deep muse with my self , what to do with my self ; being like an old weather-beaten ship , that would fain be in some harbour of ease and rest , and my thoughts were very much bent of going into holland , where i conjectured i should be out of harms way , and get a little repose . and while i was thus musing , i heard from thence of a most transcendent ●eight and rage that the kings party there were in , especially about the beheading the late king ; so that i judged there was no safety for me there , especially when i called to minde what the post-master of b●rrow-brigs and others in york-shire told me as i came up from newcastle , which was , that the c●●liers in those parts were most desperate mad at me in particular , about the beheading of the late king : although i were as far as newcastle when it was done , and refused to give my consent to be one of his judges , although i was solicited so to be before i went out of london ; yea , although i ●●●●edly declared my self at windsor against the manner and time of their intended dealing with him ; arguing there very stifly , that upon their own principles , which led them to look upon all legall authority in england ●● now broken , they could be no better then murderers in taking away the king● life though never so guilty of the crimes they charged upon him : for as justice ought to be done , especially for bloud , which they then principally charged upon him ; so said i , and still say , it ought to be 〈◊〉 justly : 〈◊〉 in case another man murder me , and a day , a week , or a yeer after my brother or friend that is no legall magistrate , execuces him ▪ therefore , yet this is ●●●der in the eye of the law , because it was done by a hand had no authority to do it . and therefore i pressed again and again , seeing themselves confess'd all legal authority in england was broke , that they would stay his tryall till a new and equal free representative upon the agreement of the well-assected people , that had not fought against their liberties , rights and freedoms , could be chosen and sit , and then either try him thereby , or else by their judges sitting in the court called kings bench. but they at windsor ask'd me how by law i could have him tryed : i told them , the law of england expresly saith , whosoever ●●rders or kils another shall die ; it doth not say , excepting the king , queen , or prince , &c. but indefinitely , whosoever murders shall ●e ; and therefore where none is excepted , there all men are included in law : but the king is a man : ergo , he is included as well as i. unto which it was objected , that it would hardly be proved , that the king with his own hands kill'd a man : to which i answered , by the law of england , ●e that counsels or commissionates others to kill a man or men , is as guilty of the fact , as he or they that do it : and besides , the advantage of ●rying of the king by the rules of the law , would be sufficient to declare , that no man is born ( or justly can be made ) lawlesse , but that even magistrates as well as people are subject to the penall part of the law , as well as the directive part : and besides , to try him in an extraordinary way , that hath no reall footsteps nor paths in our law , would be a thing of extraordinary ill precedent ; for why not twenty upon pretended extraordinary cases , as wel as one ? and why not a thousand as wel as twenty ▪ and extraordinary cases are easily made and pretended by those that are uppermost , though never so unjust in themselves . and besides , to try him in an extraordinary way , when the law hath provided all the essentials of justice in an ordinary way , ( and meerly wants nothing ( if it do want ) but twelve kings as his peer● or equals ) will nourish and increase in men that erroneous conce●● , that mag●●●rates by the law of god , nature , and reason , are not , no nor ought not to be subject to the penal part of the laws of men , as well as the directive part of it , which is the bane , ruine and destruction of all the common-wealths in the world . i say , the confideration of the things fore-mentioned put me off the thought● of going to holland my self : and then i put the query to my self , what course i should ( being now a free man ) take for my livelihood : for if i and my family lived upon the main stock , which was not very much , ( now that i had paid almost all my debts ) that would soon waste and be gone ; and to take a place for my future livelihood , as i have been offered often , and that ●● considerable one ; that i could not do , for these reasons : first , because i was not satisfied in the present power or authority to act under them ; and so if i should , i should be a supporter of so unj●st and illegal a fabrick as i judged an everlasting parliament ( p●rged twice by force of arms by the hands of their meer mercenary servants ) to be ; who were principally raised , bired and paid to kil those they esteemed and judged bears , wolves , 〈◊〉 and p●●kass : that took up arms against the true , chast and legally co●●●●tu●ed representative of the nation , being not in the least bir●● or raised to be the masters of their masters , or the lawgivers to the legal law ▪ ●●kers of the nation in case of necessity . and that an everlasting parliamnet is dostructive to the very life and soul of the liberties of this nation , i 〈◊〉 prove ; first by law , and secondly by reason . and first by law : the law books do shew , that a parliament ( which in its own institution is excellent good physick , but never was intended , no● safely can be used for diet , because it is so unlimited and arbitrary ) was called and held somtimes twice a yeer before the conquest , as is declared by lambert , in his collection of laws before the conquest , amongst the laws of edgar , chap. ● . and by sir edward cook ▪ in his margent in the ninth page of his par . inst●● . in the cha●t . of high court of parliament : which with other of the liberties of england being by force of arms subdued by the bastard norman conquetor , although he three severall times took his oath after his being owned for king , to maintain their laws and liberties , as being not able , nor judging his conquest so good , just and secure a plea to hold his new got crown by , as an after mutuall compact with the people , or their representatives over whom he was to rule : and therefore , as co●k in the foresaid chapt. pag. . declares , a parliament , o● a kinde of one , was held in his time . see also edw. fol . and part . institut . lib. . chap. . sect. . fol. . a. and came to be more frequently used in his successors time ; yea , even to be 〈◊〉 in two years in edward the first or second's time ; at which notwithstanding the people grumbled , as being an abridgment of their ancient and undoubted libertie , to meet more frequently in their national and publick assemblies , to treat and conclude of things for their weal and better being ; the want of which , of ancient time lost this island to the romans , as co●k declares , part . 〈◊〉 . fol. . out of ta●itus in the life of agricola , pag. . whereupon it was ●nacted in full parliament in edw. the thirds time , that the king ( who is their officer of trust ) should assemble and call them together once every yeer , or more often if need require ; as appears by the statute of edw. . . but because this was not constantly used by that king , but there sometimes was intervals of three or four yeers betwixt parliament and parliament , which was a diminution of the soul and life of all their liberties , viz frequent and often 〈◊〉 parliaments ; therefore in the yeer of his reign annuall parliaments are provided for again , and also the causes of their assembling declared in these very words : item , for maintenance of the said articles and statutes , and redresse of divers mischiefs and grievances which daily happen , a parliament shall be holden every yeer , as another time was ordained by a statute of . edw. . chap. . but king charles exceedingly breaking his trust , in the frequent calling of parliaments , and dissolving them at his pleasure , when they came to treat of any thing that he liked not , and so made them uselesse to the nation ; both which was against his trust , as you notably declare in your declaration of novemb. . . part book decl. pag. , . and of which you most bitterly complain in your first remonstrance , part book decl. pag. . . . and in pag. . ibidem you declare , that his destroying of these two grand fr●●d●ms of the people , viz. frequent , successive parliaments , and free d●●a●es therein , bad corrupted and distempered the whole frame and government of the king●●● , and brought in nothing but wayes of destruction and tyranny . for the preventing of which for the future , you got an act to passe in the s●xte●●th yeer of the late king , and the first yeer of this long-winded parliament , to 〈…〉 of the two forementioned acts for an annuall parliament : and further there say thus : and whereas it is by experience found , that the not holding of parliaments according to the two forementioned acts , hath produced sundry and great mischiefs and inconveniences to the kings majesty , the church and common-wealth ; for the prevention of the like mischiefs and inconveniences in time to come , be it enacted by the kings most excellent majesty , with the consent of the lords spirituall and temporall . and the commons in this present parliament assembled , that the said [ last forementioned ] laws and statutes be from henceforth duely kept and observed . and you there go on and enact , that in case the king perform not this part of his trust in calling annuall parliaments , that then a trienniall one shall be called by the lord keeper , &c. whether the king will or no. and there being no provision in this act , but that the king might break up this parliament at his pleasure , as before he used to do , and so dis-inable you to discharge your trust and duty to the people , in providing fit remedies for those many grievances then extraordinarily spread over the whole nation , that the long intermission of parliaments had occasioned ; you therefore presse the king to grant an act , that the two houses might not be dissolved but by your own consents ; which the king condescended unto the rather , because the scotch army was then in the kingdom , which he longed to be rid of , and which you pretended you could not pay without such an act ; these being the true declared and intended causes of it , both in king and parliament : there being not one word in the act that authoriseth the two houses to be a constant and perpetuall parliament , which was never so much as intended nor pretended ; and which if in the act it had been absolutely declared , it had been a void and a null act in it self , as being both against the nature of the kings trust and yours : which ( as in your book of decl. part . pag. . you declare ) is , to provide for the peoples weal , but not for their woe ; for their better being , but not for their worse being . for , your interest and the kings both being interests of trust , as your declarations do plentifully and plainly declare , part book decl. pag. . . . . but especially your present junto's late declaration , against the late beheaded king , and kingly government of the of march . pag. . . . . compared with . . . and all interests of trust whatsoever are for the use of others , and cannot , nor ought not to be imployed to their own particular , nor to any other use , saving that onely for which they are intended , according to the condition and true intent thereof , part book dec. pag. . . . and your trust is onely for the good of the nation ; which is the principall , or onely end of all government in the nation ; as you confesse in your foresaid declaration of march , pag. . and in part book decl. pag. . . and therefore , if you had put the king upon such an act as the establishing of a perpetuall parliament , you had thereby destroyed frequent , successive and annually chosen parliaments ; for which you had been t●aytors in the highest nature to your trust , in destroying the very pillars , life , marrow and soul of all the peoples liberties , for the presentation of which they chose you , and which would shortly bring in ( as is too evident ●● this day ) greater disorders , confusions , and tyrannies then ever were in all the kings reign before ; and so wholly and fully make your selves guilty of that which he was but in part ( viz. the establishing of a perfect tyranny by law ) an everlasting parliament being ten thousand times worse then no parliament at all ; for no such slavery under the cope of heaven , as that which is brought upon the people by pretence of law , and their own vol●●tary 〈◊〉 ; and no greater treason can there be in the world committed , then for ●● i●teressed power to keep their commission longer then by the letter , equitie or intention of their commissions their masters really intended they should ; especially when it is kept by force of arms , to the masters hurt , and the danger of his total destruction , for the meer advancement of their servants and their associates : all which is the case of your pretended parliament , whereof you are now speaker , and that you were never intended to sit so long as you have done , nor to be everlasting . i shall here recite the act it self ●●●batim , the onely and alone pretence of a commission you have , and then take it in pieces by paraphrasing upon it . the act it self thus followeth : anno xvii caroli regis . an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament . whereas great summs of money must of necessity be speedily advanced and provided for the relief of his majestie 's army and people in the northern parts of this realm , and for the preventing the imminent danger this kingdom is in , and for supply of other his majesties present and urgent occasions , which cannot be so timely effected as is requisite , without credit for raising the said moneys ; which credit cannot be obtained , until such obstacles be first removed as are occasioned by fears , jealousies , and apprehensions of divers of his majesties loyall subjects , that this present parliament may be adjourned , prorogued , or dissolved before justice shall be duly executed upon delinquents , publick grievances redressed , a firm peace betwixt the two nations of england and scotland concluded , and before sufficient provision be made for the repayment of the said moneys so to be raised : all which the co●●●●● in this present parliament assembled having duly considered , do therefore humbly beseech your most excellent majesty , that it may be declared and enacted , and be it declared and enacted by the king our soveraig● lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that this present parliament now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall be at any time or times during the continuance thereof , pr●rogued or adjourned , unlesse it be by act of parliament to be likewise passed for that purpose : and that the house of peers shall not at any time or times during this present parliament , be adjourned , unlesse it be by themselves , or by their own order : and in like manner , that the house of commons shall not at any time or times during this present parliament , be adjourned , unlesse it be by themselves , or by their own order ; and that all and every thing or things whatsoever done or to be done , for the adjournment , proroguing , or dissolving of this present parliament contrary to this present act , shall be utterly void , and of none effect . the true intent and meaning of this act in the framers , makers , and contrivers of it , was meerly to secure their sitting for some reasonable time , that so they might be able to apply fit plasters to the great sores of the nation , and not be broken up suddenly , before they had applyed them to the so●es , and laid them on ; and their fear was , the king would , as he used to do , dissolve them suddenly ; security from which was their onely end in procuring this act , and not in the least to make this a perpe●uall parliament ; which i demonstrate thus : first , a perpetual parliament is repugn●nt to the act made this parliament for a triennial parliament ( which in your declarations is so highly extolled after the making of both the acts ▪ ) for how can every three yeers a parliament be begun , if this be perpetuall ? which by the act may be so , if the two houses please . but in all the act there is not one word of the an●i●ilating or repealing of the act for a t●ienn●all parliament ; which , if it had been intended , it would have mentioned , and not left such a businesse of consequence in any doubtfulnesse whatsoever : and the not mentioning of it , is a cleer declaration to all the readers of it , that their designe solely in the last act ▪ was onely to secure themselves from the kings sudden and quick dissolving them at his wil and pleasure . and therefore , secondly , in law , according to the constitution of ou● parliaments , an adjournment of the parliament makes no session ; howbeit , before the adjournment the king gives his affent to some bi●s ; as is plain out of cook● ▪ instit . chap. high court of parliament , fol. . authorised to be printed by th● late parliament , in its purest purity for good law. thirdly , in law there is no session in a pr●●●gation or 〈…〉 the parliament ; they are the words of cook himself , fol. . ibid. fourthly , this parliament , as appears by the act for not dissolving 〈◊〉 of , before mentioned , cannot be prorogued by the king , but by act of parliament : but there hath been as yet no act of parliament in that behalf ▪ and therefore all the acts of this parliament are in law acts of one session , 〈◊〉 pears by plo●d com. . h. . b ● . relation ● . 〈◊〉 . parl. ● . di●● . 〈◊〉 . ● . fifthly , in law , all acts of one session , relate to the first day of the parliament , and all the acts of such a parliament are act ▪ of one day ; so the 〈◊〉 for the triennial , and the act for this perpetual parliament , are two acts of one day , by the law. sixthly , the edw. . chap. . & . edw . chap. . forementioned , 〈◊〉 cla●es that a parliament ought to be holden once every year , and mo●● 〈◊〉 need be , those very acts are every clause of them confirmed this parliament , which also provides , that in case the king break those laws , and do not annually call parliaments , as is before declared , that then the lord keeper , whether he will or no , shall call a triennial one . now i would fain know of any ●●●ional man , how an everlasting parliament doth agree with a parliament 〈◊〉 yeer , o● oftner if need require , or with the intention of those laws ? and 〈◊〉 doth a parliament every three years ( provided for as sure as its possible for law to provide , ( in case the king annually should not cal one ) agree with a parliament for ever , which may be by the letter of the perpetual act , 〈◊〉 the two houses please ? the conclusion of all is this , that at one day in law , the late parliament passed two acts , ( for , howbeit the one was in the of the king , and the other in the year of the king : yet both in law are acts of one 〈◊〉 the one saith , the king shall call a parliament once a year , after the sitting of this parliament , and in case he doth not , the lord keeper , &c. shall 〈◊〉 parliament three years after the sitting of this parliament . the other 〈◊〉 in the letter , or litterall construction of it , saith , this parliament shall 〈…〉 ever if the two houses please . the one will have a parliament with an 〈◊〉 the other a parliament without an end : now the question is , which of these two was the true intent and meaning of the makers of this act : for as l●●●ned cook rationally and well observes in his excellent exposition of the eli● chap. . . part . institut . fol . ( which act established the power of the high-commission , that by colour of this statute did many 〈…〉 illegall things ) such an interpretation of ambiguous and doubtfull things is 〈…〉 be made , that absurdities and inconventences may be avoyded ; but the highest ●●●●dities and inconveniences in the world would follow , if this last s●ar●●● 〈◊〉 be taken according to the literall construction of it , and not according to the equity and true intent and meaning of the makers of it , which was not to 〈◊〉 this everlasting if they pleased , and so totally to destroy annuall parliament , or in the kings default of calling them , then trienniall parliaments whether he would or no , but only to secure them from the kings sudden bre●●●● them up at his pleasure : that so they might sit some reasonable short 〈…〉 dispatch the great business of the nation ; and that reasonable time 〈◊〉 by any words ( or the true meaning of any ) in either of the statutes , 〈…〉 〈◊〉 to be above 〈◊〉 at most , especially from the 〈◊〉 of the 〈…〉 ( in the right and true meaning ) notwithstanding the last act , were y●● 〈◊〉 in force to binde the king to call annuall parliaments ; but two parliaments by law cannot sit together : but without two parliaments should sit together , ( viz. an everlasting one , and an an●●●ll one , which is our right by law ) 〈…〉 enjoy the benefit of those good and excellent laws , for annuall parliaments or oftner if need require . and therefore to take the utmost extent of the length of that time , the two houses were enabled to sit by vertue of the force and power of the last act , it could not be above a year at most , from the day of the date of it , and yet they have sate almost eight since , by vertue and colour of that alone , and of nothing else in law , having no other visible commission under the sun , to authorise them to destroy our undoubted naturall and legal rights , of having often and frequent successive parliaments totally new , which they have done by their long and unwarrantable sitting , principally to enrich the most of themselves , and enslave our spirits . and that an everlasting parliament was never intended by that act , i think their own words printed in december , . which was immediately after the passing that act , will easily decide the controversie . and in their or your first remonstrance of the state of the kingdom , after excusing of your selves from any invasion of the rights of the crowne , part. book declar. pag. ● , . there is these very expression , viz. the trienniall parliament , for the matter of it , doth not extend to so much as by law we ought to have required , there being two statutes still in force , for a parliament to be once a year : and for the manner of it , ( viz. the tryenniall parliament ) it is in the kings power , that it shall never take effect , 〈…〉 by a timely summons shall prevent any other way of assembling . in the 〈◊〉 for continuance of this present parliament , there seems to be 〈…〉 of reall power in dissolving of parliaments , not to take it out of the crown , but to suspend the execution of it for this time and occasion only , which was not necessary for the kings own security , and the publique peace that 〈◊〉 it we could not have undertaken any of these great charges , two must have left both the armies to disorder and confusion , and the whole kingdom to 〈◊〉 and ●apine . which words are a 〈◊〉 and 〈…〉 , that the 〈◊〉 of the makers of the fore●●id act was never to make this a perpetuall parliament , but onely for 〈…〉 the king 's sudden breaking them up when he pleased ; whose 〈…〉 from by this act : which thing onely is and was the clear meaning of the makers of it . and that the generall words of a law , or the literal sense of 〈…〉 ●●ld forth absurdities , and inconveniences , and visible mischiefs , a●● 〈◊〉 by interpreted and controuled by the intent of them that made it , is clear , from their own oracle sir edw. cook ▪ who in his exposition of the 〈…〉 of eliz. chapt . . in his part 〈…〉 : n●w that divers and many other acts of parliament ( besides this of eliz. ) which are generall in words , have , upon consideration of the mischief , and all the parts of the act , ( for the avoyding of the 〈…〉 absurdity that might follow ) received a particular interpretation , is 〈…〉 ●●●ks in cases of far lesse inconvenience and absurdity . plo. com. in stowels case fol. . the preamble is to be 〈…〉 it is the key to open the meaning of the makers of the act , and mischief 〈…〉 intend to remedy . the judges of the law have ever in such sor● 〈◊〉 the intents of the meaning of the makers of such acts of parliament , as they 〈◊〉 ●●pounded acts g●nerall in words to be particular , where the intent 〈◊〉 been 〈◊〉 ( which are the words of the book ) and therefore upon that rule i● is there adjudged , that where the statute of . edw. . i● generall , if any receiver or minister accovntant &c , receive o● any person any svm of money for payment o● any fees , &c. he shall forfeit vis . viii d. for every penny . that this do not extend , according to the generality of the words , to the receiver of common persons , because these words subsequent be added ( otherwise 〈◊〉 be lawfully may by former laws and statutes . ) now the judges restr●ined the generality to a particular , to the kings receiver onely ; for that no law ●●●●tute was formerly made concerning common persons receivers , &c. but i● the case in question , as well the precedent clause of restitution , as the 〈…〉 expressing offences in particular , and the words in the same generall sentence , viz. vnder your highnesse , &c. and principally the cause of the 〈◊〉 of this act do qualifie the generality of the words . and yet notwithstanding ●● was resolved by all the court in the said case of stradling , fol. ● ● . 〈…〉 receiver of common persons were within the words of the said 〈…〉 it is said , that if a man consider in what point the mischief was before the 〈◊〉 and what thing the parliament meant to redresse by this , be shall 〈…〉 intent of the makers of the act , was to punish onely the ministers of the king 〈◊〉 a little after the judges say , that the stile of this act is , an act for 〈◊〉 true answer of the kings revenues . and by this 〈◊〉 intent of the makers of the act is to be collected ; and these be the words of the 〈◊〉 which is a far stronger case , then the case in question . ed. . fol. . & . every statute ought to be expounded according 〈◊〉 intent of them that made it , where the words thereof are doubtfull and 〈◊〉 , and according to the rehearsall of the statute ; and there a generall stat●●● 〈◊〉 strued particularly , upon consideration had of the cause of making of the act , 〈◊〉 the rehearsall of all the parts of the act. to conclude this point with a generall r●le allowed by all laws 〈◊〉 ●●struction of statutes , viz. although the law speak in generall terms , 〈…〉 ●o be bound up or accepted , that where reason ceas●th , th●●● th● law ceaseth : for , seeing reason is the very life and spirit of the 〈◊〉 it self , the law giver is not to be esteemed to respect th●● which 〈…〉 reason ; although the generality of the words at the first sight , or after the 〈…〉 otherwise . mark , i intreat you , these last words well , for they are 〈◊〉 and full . and much more i● there to this purpose : for he is 〈…〉 said statute of eliz. . and that this equitable and intentionall 〈◊〉 of expounding laws in dubious eases , or where absurdities or mischiefs do depend upon the taking of it in the litteral sens● , is justifi●ble , legall and good , is unquestinably demonstrated out of your own part book dec. pag ● . 〈◊〉 these very weeds , viz. that there is in the laws an equitable and literall sense . his majestie ( ●et it he granted ) ●● intrusted by law with the militia ; but 't is for the good and preservation of the republique , against forraign invasions and domestick rebellions : for it cannot be supposed that the parliament would ever by law intrust the militia against themselves , or the common-wealth that intrusts them to provide for their weale , not for their woe . so 〈◊〉 , when there is certain appearance , or grounded suspicion , that the letter of the law shall be improved against the equity of it , ( that is , the publick good , whether of the body reall , or representative ) then the commander going against its equity , gives liberty to the commanded to refuse obedience to the letter : for the law taken abstract from its originall reason and end , i● made a shell without a kernell , a shadow without a substance , and a body without a soul : ●t is the execution of laws according to their equity and reason , which ( as i may say ) is the spirit that giveth life to authority , the letter kils . nor need this equity be expressed in the law , being so naturally implyed and supposed in all laws that are not meerly imperiall , from that analogie which all bodies politick hold with the naturall , whence all government and governours borrow a propo●●ionall respect . and therefore when the militia of an army is committed to the generall , it is not with any express condition , that he shall not turn the ●outhes of his canons against his own souldiers ; for that is so naturally and necessarily implyed , that its needlesse to be expressed ; insomuch a● if be did attempt or command such a thing , against the nature of his trust and place , it did 〈◊〉 facto estate the army in a right of disobedience , except we think that obedience binds 〈◊〉 to cut their own throats , or at least their companions . yea , the very title of the act in hand literally declares , it was never intended to be perpetuall ; no , nor to extend to so long a time as to be mi●chievous to the common-wealth , by subduing the soul of all our liberties , frequent 〈…〉 parliaments ▪ 〈◊〉 wholly and 〈…〉 ; for it is called , an act●o prevent inconvenientes which may happen by the 〈◊〉 adjour●i●g , 〈◊〉 or d●sso●●ing of this present parliament . mark● the words well , and it puts all out of dispute , that th●● act was ●at meerly done to tie the kings hands for a certain reasonable time , that so it should not be dissolved u●timely : and the title declares , it was made to avoid inconveniences , and therefore 〈◊〉 to beget and increase them ; which it must needs do as is already fully proved , if it 〈◊〉 frequent , successive , 〈◊〉 parliaments . but yet once again more fuller ; reason and nature it self sai●● , yea and the law of england saith , that when 〈◊〉 act of parliament is against 〈◊〉 right , or reason , or 〈◊〉 , or impossible to be performed or kept , the common law shall 〈◊〉 it , and adjudge this act to be void : they are the words of the law , pars dr. bo●●am's case , fol. . & . ed. . fol. . . . e. cess●vil ● . & . h. g. 〈◊〉 , & eliz. dier . & part cooks institutes lib. . chap. . ● . . fol. . . an act of parliament that a man shall be a judge in his own case , is a void act in law , hubbert fol. . and the ● part cooks reports in dr. bo●hams case . see the army book declarat . pag. . ● . . . . first therefore let us begin with common right ; and we shall easily see this perpetuall act is against that . for it is against common right , that indebted men ( as most , if not all parliament men ar● ) should not pay their debts . or that , if any member of ●●●liament do any of the people of england w●ong ( as daily they do ) by unjust and 〈◊〉 r●●●ble 〈◊〉 of him o● them of hi● la●d , or disp●ssessing him of his goods , 〈…〉 of his fame , or doing violence to his person by beating , wounding , or imprisoning , &c. that 〈◊〉 sons , during their lives , by a priviledge of parliament ( that was intentionally 〈◊〉 and just in its institution , when parliaments were often and short ) should be 〈◊〉 and s●●●red from all manner of question at the law , by any parties so wronged by them , is absolutely against common right . nay , and more , that this should extend 〈◊〉 ●●ltitudes of persons besides , that are their servants or attendants ; and also that any , o● all of these shall have the benefit of the law in any court of justice in england at their pleasure , against any man whom they shall pretend wrongs them , are such trans●●de●● and grievous enormities , that common right abhors ; and yet this , with a thousand 〈◊〉 as much more as bad as these , are the fruits of a perpetuall parliament , if they please ; which tends to the utter destruction of all mens actions , reall , personall , or mixt , who have ●o do with parliament men ; as appears expresly by the statute of limitations of the a● of james , chap. . which strictly confines all manner of suits to be commenced within 〈…〉 after the occasion given . secondly , for common reason : parliaments were ordained and instituted ( as is before truly and legally declared ) for remedies to redresse publick and capitall griev●●ces th●● 〈◊〉 where else could be redressed : but it is against reason ( and the very end of the institution of parliament ) that parliaments should make and create multitudes of publike and insufferable grievances ; the law of the land allowes no protection for any ma● i●ployed in the service of the kingdom , but for a yeer at most , as to be free from sui●s ; and in many suits none at all , howbeit he be in such services . but a perpetuall 〈◊〉 may prove a protection ( in all manner of wickednesse and misdea●●eanours 〈◊〉 against other men , not of the parliament , amongst any of whom they may pi●k and chuse whom they please , to ruinate and destroy ) and that no● for a yeer , but for ever ; which is against all manner of reason , or the shadow or likenesse of it . and therefore , a● 〈◊〉 sir henry vane said against episcopal government in the beginning of his larg● 〈◊〉 of the of june now in print , at a committee for passing the bill against ●●●●pall government , so say i of an everlasting , or of any parliament that shall do 〈◊〉 you have done , in largely sitting beyond the time of your commission ▪ &c. that 〈…〉 thing is destructive to the very end for which it should be , and was constituted to be ; 〈…〉 onely so , but does the quite contrary ( as your house in every particular doth ) cer●ai●ly , we have cause sufficient enough to lay it aside ; and not onely as uselesse , in that it 〈…〉 its end ; but is dangerous , in that it destroyes and contradicts its end . thirdly , for imp●ssibilitie : the death of th● king in law undisputably dissolves the parliament , spoken of in the foresaid act , which is pretended to be perpetu●ll ; for 〈◊〉 writ of summons , that is directed to the sheriffs , by vertue of which , parli●●●●● 〈◊〉 are chosen , runs in these words : king charles being to have conference and 〈…〉 , &c upon such a day , about or concerning ( as the words of the t●ie●●●ial act hath it ) the high and urgent affairs concerning his majestie ( and he writes us ) the state , and the 〈◊〉 of the kingdom and church of england . but i would fain know how it's possibl● for a parliament to confer or treat with king charles now he is dead : it 's impossible . se● h. . cook in . parl. . part . and therefore the whole current of the law of england ( yea , reason it self ) from the beginning to the end , is expresly , that the kings death doth ipso facto dissolve this parliament , though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour ; and it must needs be so , he being in law , yea , and by the authority of this very parliament st●led , the head , the begi●●ing , and end of parli●ments : see co●ks part institutes fol. . . mr. py●●'s for 〈…〉 stra●●ord pag. . s. john's forementioned argument against strafford , pag. . and therefore as a parliament in l●w 〈◊〉 begin without the 〈…〉 in it , 〈◊〉 person 〈◊〉 representatives , cook ibid. so . . so it is pos●●ively 〈◊〉 by his 〈◊〉 ; 〈◊〉 thereby not only the true declared , but intended end of their assembling ( which 〈◊〉 〈◊〉 〈◊〉 and confer with king charles ) is ceased , and thereby a final ●nd is put 〈◊〉 the means that are appointed to attain unto that end : and therefore it is as 〈◊〉 for this parliament , or any parliament to continue as long as they please , a● for a parliament to make king charles alive again . fourthly , for repugnancy : that which is but for a time , cannot be affirmed to have continuance for ever [ it is repugnant : ] but this parliament in the intention of the makers of the act , was to be but for a time , not above a yeer at most , after the d●●e of the act ▪ as is before proved and declared from their own words ; and therefore it cannot be reputed perpetual , for there is a repugnancy betwixt them . again , the king's writ that summoned this parliament , is the basis in law , an● foundation of this parliament : if the foundation be destroyed , the parliament falls : but the foundation of it , in every circumstance thereof , is destroyed : and therefore the thing built upon that foundation must needs fall . it is both a maxim● in law and reason . but if it be objected , the law of necessity requires the continuance of the parliament against the letter of the law. i answer , first , it s necessrry to consider whether the men that would have it continue as long as they please , be not those that have created the necessities on purpose , that by the colour thereof they may make themselves great and potent ; and if so , then that objection hath no weight , nor by any rules of justice can they be allowed to gain this advantage by their own fault , as to make that a ground of their justification , which is a great part of their offence . and that it is true in it self , is so obviou● to every unbiased knowing eye , it needs no illustration : but if it shall be denyed by any of their pens , if god please to give further opportunity , i shall prove it to the full . secondly , i answer , there can no necessity be pretended that can be justifiable for breach of trusts that are conferred on purpose for the redresse of mischiefs and grievances , when the trust is perver●●d to the quite contrary end , to the increase of mischiefs and grievances , yea , to the subversion of laws and liberties . i am sure , mr. pym by their command and order , told the earl of strafford so , when he objected the like , and that he was the king's counsellor , and might not be questioned for any thing he advised according to his conscience . but ●aith mr. pym pag. . he that will have the priviledge of a counsell●●r , must keep within the just bounds of a counsellour . those matters are the p●oper subjects of counsel , which in their times and occasio●s may be good or beneficiall to the king or common-wealth . but such treasons a● th●se , the subversion of the laws , violation of liberties , they can never be good or justifiable by ●ny circumstance or occasion ; and therefore ( saith he ) his being a counsellour makes his fault much more 〈◊〉 , o● being committed against a greater trust . and in pag. . he answers another excuse of his , which was , that what he did he did with a good intention . it s true , saith mr pym , some m●●ers ●●●tfull and dangerous , may be accompanied with such circumstances , as may m●ke it appear usefull and convenient ; and in all such cases , good intention will justifie 〈◊〉 ●●unsell . but where the matters propounded are evill in their own nature , such a● the matters are with which the earl of strafford is charged viz. to break a publick faith , to sub●ert laws and government , they can never be justified by any intentions , h●● specious or good s●●ver they pretended . and that they have perverted the ends of their trust more then eve● str●●●ord did , i ●●●ll instance at present but in parti●●lars , the main 〈◊〉 of their 〈…〉 the people ●f their grievances ; and what their grievances were , 〈…〉 in the parliaments first re●●●strance of the st●te of the kingdom : first , destruction of 〈◊〉 trades by monopolize , &c. secondly , exhausting of their estates to maintain and promote pernitious designes to their destruction . thirdly , their essentiall liberties 〈◊〉 freedoms quite destroye● : where is the remedy now ▪ hath not the parliament contraty to that excellent law against monopolize , of the jame ▪ chap. . of 〈◊〉 erected monopolise by o●dinances , orders and votes , ( although in the first month of your sitting , you made orders to throw down monopolizers out of your house : ) as particularly , whale oyle , white sine , wyer , ty●n , with many others ; yea , a●d co●in●ing of the old mon●polies , merchants , companies that trade beyond se●● ; yea , and set up for 〈◊〉 that monopoly of all monopolies , the excise ; the bare endevouring of which ▪ they call●● unjust and pernitious attempt in the king in the fore-mentioned , declar. pag. . and then for exhausting of their estates , the king did it by a little shipmony and monopolies &c but since they begun they have raised and extorted more mony from the people and nation then halfe the kings from the conqueror ever did , as particularly , by excise . cont●tbu●ions . sequestrations of lands to an infinite , value . fifth p●ts . twenty parts . meal●n●ony sa●le of plundered goods . loanes . benevoknces . ● collections upon their sost dayes . new impositions or customes upon merchandse . 〈◊〉 maintained upon the charge of p●●●ate men . fifty sub●dies at one time . 〈◊〉 with delinquents to an infinit● value . sale of bishops land● . sale of d●a● and chapters lands , and now after the wars are done . sale of king , queen , prin●e , duke , and the rest of the c●ildrens revenue ● sa●le of their r●ch goods which cost an infinite sur●●● . and to conclude all a t●x●tion of ninety thousand pound a mo●th , and when they have gathered it pretendedly for the common-wealthes use , divide it by thousands and ten thousands , apeece amongst themselves ; and wipe their mouths after it like the impudent ha●●ot as though they had done no evill ; and then purchase with it publique lands at small and triviall values ; o brave trustees ! that have protested before god and the w●r●d , againe and againe in the day of their st●aits , they would never seck themselves , and yet besides all this 〈◊〉 all the chiefest and profit●blest p●aces of the kingdom ●mongst themselves ; and then thirdly ; what regulating of courts of justice , and abridging of delayes , and charges of law 〈◊〉 have they performed as in their first remonstrance they promised ? nay are they 〈◊〉 worse then they were before the wars , and besides , then high-comm●ssion , star-chamber and counsel board were all downe ; and have they not now made a star-chamber , high-commission and councel-board of most of their petty committees ? but most dreadfull ones of the house and their new-councel of state ? as is evident to be seen in my comrades and my illegall and arbitrary imprisonment , and cruel close imprisonment thirdly , nay have we at all any law left master peters your grand teacher 〈◊〉 lately to my face we have none ? ) but their meer wils any pleasures ; saving fell●●s la●● , or ma●tiall law , where men-butchers are both informers , parties , jury-men and judges ; who have had their hands imbr●ed in bloud for above this seven yeares together , having served ●●●●●●t●ship to k●lling of men , for nothing but mony , and so are mo●e bloudier then butchers th●● 〈…〉 and calve for their own livelihood , who yet by the law of england , are net 〈◊〉 ●●●● of any jury fa●l●se and death , because they are conversant in shedding of bloud of beasts 〈◊〉 thereby , through a habit of it , may not be so tender of the blood of men ; as the 〈◊〉 ●f england , ●eason and justice would have men to be . yea , do not these men by their swo●●● , being but servants , give what law they please to their masters : the pretended law-makers of your house , now constituted by as good and ●egall a power as he that r●b● or kil●s a man upon the high-way . but to conclude this tedious point , i shall end it with such an authority , as to th●● ruling men in your house must needs knock the nail on the ●ead , and that is with the declaration of the army , ( your lords , m●sters , l●w givers , and 〈◊〉 ) who in their most excellent of declaratrons of the of june , . about the just and fundamentall rights and liberties of themselves and the kingdom , page , , . of their book of declarations , after they have sufficiently cryed out of stapleton and his party , for abusing , deluding and over-swaying the house from their true end for which they were assembled together : say thus , but yet we are so far from designing or complying to have an abso●ute or arbitrary power fixed or settled for continuance , in any persons whatsoever ; a● that ( if we might be sure to obtain it ) we 〈◊〉 wish to have it so in the persons of any whom we could must confide in ; or who should appear mo●● of our own opinions and principles , or whom we might have most personall assurance of , or interest in , b●t we do● , and shall m●ch rather wish , that the authority of this kingdom in parliament ( rightly constituted , that is ▪ freely , equally and successively chosen , according to its orteinall intention ) may ever st●nd and ●ave its ●ourse . and ther●fore we shall apply our selves chiefly to such things ●● ( by having parliaments setled in such a right constitution ) nay give most hope● of justice and right●ousnesse , to flow down equally to all , in that its ancient ch●●nell , without any overtures , tending either to overthrow that ●●undation of order and government in this kingdom , or to ingross that power for perpetuity into the hands of any particular persons , or party whatsoever . and for that purpose though ( as we have found it doubted by many men , minding sincerely the publique good , but not weighing so fully the consequences of things ) it may and is not unlike to prove , that , the ending of this parliament , and the election of a new , the constitution of succeeding parliaments , ( as to the persons elected ) may prove for the worse many weyes ; ye● since neither in the present purging of this parliament , nor in the election of a new , we can promise to our selves or the kingdom , and asurance of justice , or other positive good from the bands of men ; but those who for present appear most righteous , and most for common good ( having an unlimited power fixed in them du●ing life or pleasure ) in time may become corrupt , or settle into parties , or factions ; or , on the otherside in case ●f new elections ▪ those that should succeed , may prove as bad or worse then the former . we therefore humbly co●ceive that ( of two inconveniences the lesse being to be chosen ) the main thing to be intended in this case ( and beyond whi●h humane providence cannot reach , as to any assurance of positive good ) seem to be this , viz ▪ to provide , that however unjust or corrupt the persons of parliament men , in present , or future may prove , or whatever ill they may doe to particular parties ( or to the whole in particular ●●ngs ) during their respective termes or periods , yet they shall not have the temptation of an ●●●imited power fixt in them during the●r owne pleasures , whereby to perpetuate injustice or oppression upon any ( without end or remedy ) or to advance and uphold any one particular party , faction or interest ▪ whatsoever , to the oppression or prejudice of the community , and the enslaving of the kingdom unto all posterity , but that t●e people may have an equall hope or possibility , if they have made an ●ll choice at one time , to mend it in another , and the members of the house themselves may be in a capacity to taste subjection as well as rule ▪ and may be so inclined to consider of other mens cases , as what may come to be their own . thus we speake in relation to the house of commons , as being intrusted on the peoples behalfe , for their interest in that great and supreme power of the common wealth ( viz. ) the legislative power with the power of finall judgement ) which being in its own nature so arbitrary , and in a manner unlimited , ( unlesse in point of 〈◊〉 ) is most un●it and dangerous ( as ●o the peoples interest ) to be 〈◊〉 in the 〈…〉 the sa●e men , during life or their own pleasures . neither by the originall 〈◊〉 of this state , was it , of ought to continue so , nor does it ( wherever it is , 〈◊〉 continues soe ) render that sta●e any better then a mee● tyranny , or the people subjected to it , any better then vassals ; but in all states where there is any f●●● of common freedom , and partic●larly in this state of england ( as it is most evid●●● 〈…〉 many positive laws and ancient constant custome ) the people have a right to 〈…〉 successive elections , unto that great and supream trust , at certain 〈…〉 time , which is so essentiall and fundamentall to their freedom , as it is , ●●not or not to be denied them , or witheld from them , and without which the house of commons is of very little concernment to the interest of the commons of england . yet in this we could not be understood in the least to blame 〈◊〉 worthies of both houses , whose zeale to vindicate the liberties of this nation , did 〈◊〉 that act for the continuance of this parliament ; wherby it was secured from 〈◊〉 dissolved at the kings pleasure , ( as former parliaments had been ) or reduced to 〈◊〉 a certain●y as might enable them the better to assert and vindicate the liberties of this nation , ( immediately before so highly invaded ▪ and then also so 〈◊〉 ●●dangered ) and those we take to be the princip●ll ends and grounds for which 〈…〉 exigency of time and affairs it was procured , and to which we acknowledge it hath happily been made use of ; but we cannot thinke it was by those worthies intended , or ought to be made use of to the perpetuating of th●●●●pream trust and power into the persons of any during their owne 〈◊〉 , or deb arring of the people from their right of elections totally new . but it here it should be objected although the king be dead , yet the parliament 〈◊〉 altered the government into a common-wealth , and so may if they please cha●●e the constitution of parliaments . to which i answer , fi●st , that those company of men at westminster , that g●●e commission to the high court of justice to try and behead the king , &c. were ●o more a parliament by law , nor a representative of the people , by the rules of justice and reason , then such a company of men are a parliament , or representative of the people , that a company of armed theeves chuse and set apart to try , judge , 〈◊〉 , hang , o● behead any man , that they please , or can prevail over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pre●●●ce of justice , grounded upon rules meerly flowing from their wils and swords ; for i would fain know any law in england , that authoriseth a company of servants to punish o● correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves down in it , which is the armies case wi●●●●e parliament , especially at tho. prides late purge ; which i call ( and will 〈◊〉 to be ) an abs●lute dissolution of the very essence and being of the house of 〈◊〉 ▪ and i would fain see any law or reason in writing or print to justifie th●● a 〈◊〉 ▪ upon my other a●●●unt , then in hindering them from raising a new warr , and fro● destroying he peoples liberties by their eternall sitting , seeing they keep their power ●●●ger by fa● then their masters , or impowers the people intended they should , and also employ it to their mischief by hindering them , ( i mean those that had not acted agai●●● the liberties of the parliament ) entering into a mutuall engagement to appoint 〈◊〉 whereby to chuse ( seeing they cannot all meet in one place themselves ) and i●power new trustees commissioners , or represento●s , to make equall and just lawes to bi●● all , and provide for their future well-being , there being no other may justly , either in law or reason ; to settle this nation in peace and quietness , but by one of these two means : first , either by admitting the king in again upon terms : or else , secondly , to lay foundations of a just government , by an agreement made amongst the generality of the people capable of it : and if any man upon earth can either by law or reason shew me a third way , that hath any more shadow of justice in it , then for william the conqueror , or the great turk by their swords to give a law unto this nation , i will forfeit my life . but secondly i answer , the main end of the peoples chusing of the members of the house of commons was not to come to westminster to set up a common-wealth , especiall to invest all power in themselves , and with that at their pleasure rob and take away ( by the rules of their wills ) the liberties and lives of those that chuse them , and be unaccountable as long as they live , although they do what they please ; therefore i would fain see any bit or shadow of a pretended commission to this end , either in writing , or ●acitly in intention ; nay , or so much as in the thoughts of the major part of the members themselves , when they were impowered ; i am sure all their declarations declare the contrary . and therefore i say , and will make it good against all the tyrannicall sophisters in england , in a publique dispute before the people , that the m●●● end wherefore they were sent , was to treat and confer with king charles , and the house of peers , about the great affaires of the nation , &c. and therefore are but a third part , or a third estate of that parliament , to which they were to come and joyn with ; and who were legally to make permanent and binding laws to the people of the nation ▪ and therefore having taken away two of the three estates , ( through a pretended necessity , for a pretended good end , the accomplishment of which can only justifie this act ) that they were chosen on purpose to joyn with to make laws ; the end both in reason and law of the peoples trust is ceased ; for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then doe what it please ; no more can the minor of a major , viz. one estate of three legally or justly , destroy two of three without their own consents , or the authority of a higher power , then all given and deligated for that end intended and declared , which is the people , the fountain and originall of all just power , which they never did in their lives ; and therefore the whole power of all is returned to them singly and alone , ( but if an● part of it is yet inherent in any , then it is in prince charles as heir ▪ apparent to his fathers crown and throne ) over whom i mean the people ) no persons nor power on earth can now set no change of government whatever , but what is done by their own mutuall consent by agreement amongst themselves , but with as reall a face of tyranny , as ever was acted by any conqueror o● tyrant in the world ; unto which whosoever sto●ps and supports it , is as absolute a traytor both by law and reason , as ever was in the world , ( if not against the king , yet against the peoples majesty ▪ and soveraignty , the fountain of all power on earth ; ) and the present setters up of this tyrannicall new commonwealth , considering their many oaths , covenan●s , promises , declarations and remonst●ances to the contrary , ( with the highest promises and pretences of god for the people and their declared liberties , that ever was made by men ) are the most perjure● , pe●fidio●● , falle faith and trust breakers and tyrants ●●at ever lived in the world ; and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much the more under the pretence of friendship and brotherly kindness they have done all the mischief they have done in destroying our law●● and liberties , &c. is any treason like juda● his treason ▪ who betrayed his lord and master with a kisse : is any murder in the world , like that of joab co●●i●●ed upon a●●er and amasa ? who while he kissed and embr●●ed them with the highest declarations of friendly and brotherly affection , stabbed them ●nder the fif●h rib , sam. a ▪ . & . , . is any wrong or mischief done unto an ingenuous spirit , so bitter to his soul , as the treachery and baseness of a pretended and familiar friend ? no undoubtedly , for against a professed enemy a man hath a fence , for he will not trust him , but is alwayes jealous of him : but against a pretended friend he hath none , for ●e lyes in his bosome , from whom he fea●s no ill , but sleeps in security , in the height of which he is ●●in●ted and dest●yed : which kinde of dealing was most bitter to davids soule ▪ wh●●h made him say , p●alm . , . , . for it was not an enemy ●h●● repr●a●hed ●re , then i could have b●rn it : neither was it he that hated me , that 〈◊〉 magnifi●●●mself against me then i would have hid my self from him . but it was th●n , 〈◊〉 , mine equ●ll , my guid● ; mine acquaintance . we t●●k swe●t coun●ell together , and walked into the house of god in company ▪ let death seiz upon them , and let them go● domn quick into hell , for wickedn●sse is in their d●●●ling , and among them ▪ and let the p●esent generation of swaying men ▪ that under the pretence of good , kindness and friendship , have destroyed and trod under their feet all the liberties of the nation ( and will not let us have a new parliament ) and set up by the sword their own unsufferable , unsupportable tyrannicall tyranny ; consider the ends of jwdas and joab , and they shall finde , that for their treachery and blood ; the one hanged himself , and the other was executed in the tabernacle of the lord , 〈◊〉 the horns of the altar , whether he fled for refuge and sanctuary , kings . , . yea , also remember cains treachery to his innocent brother abel , gen . , , , , , . thirdly and lastly , i answer , the house of commons sitting freely within its limitted time , in all its splendor of glory , without the awe of armed men , never in law , nor in the intention of their chuse●s were not a parliament ; and therefore of themselves alone , have no pretence in law to alter the constitution of parliaments , especially as to free and successive elections totally and wholly new ; neither if ever it had been in the power of a true and reall house of commons ; yet this present pre●ended one now sitting at westminster is now a true house of commons ; as the armies ancie●t declarations doe notably prove ; see their book , declar pag. , , , , ● , , , , ● ▪ for i would fain know in law , where col. thomas pride was authorised to chuse the people of england a parliament ; or to purge away at his pleasure by his sword three quarters of four of the house of commons , ( and so committed the affairs of parliament to a few , which was never intended by the i●powerers , but hath always been holden to be against the honor and dignity of a parliment , and that no such commission can or ought to be granted , no not by a ●egall a●●h●rity if self ▪ see part . cooks institutes , fol . chap. high court of parliament ▪ ) and send whom of them he pleaseth to prison , without charge or declared crime , and to stand at the house door in a warlike posture , with swords and muskets to keep ou● whomsoever he pleased , against the law and constitutions of parliaments , which ●ught 〈◊〉 sit free from the force of armed men , part . institut ▪ and let none goe into the house , b●● only those that he knew , or did beleeve would vote as he and his masters would have them ; for shame let no man be so audaciously and sottishly void of reason , as to call tho. prides pittifull jun●o a parliament , especially those that called ▪ avowed ▪ protested and declared again and again those to be none , th●t sate at westminster the and , &c. of july , . when a few of their members were seared away to the army , by a few houres tumult of a ●ompany of a few disordred apprentices : and being no representative of the people , no nor so much as a thadow of it , much lesse a parliament , with pretence in law , reason , justice or na●●●e can there be for them to alter the constitution of successive and frequent parliaments , and force upon the people the shew of their own wils , lusts , and pleasures , for laws and rules of government , made by a pretended ▪ everlasting , nulled parliament , a councel of state , or star-chamber , and a councel of war , or rather by fairf●● , cromwell and ireton . and so much for my unsati ●●ednesse in the present authoritie . but secondly , in case the justices either in law , or by reason of the power that now rules england , had to my understanding been a thousand times lesse unquestionable then it is , and had neither against the rules of reason ejected two parts of three to set up themselves , nor outstrip'd its commission in sitting longer then they should , nor never had been forced on●e by the apprentices , which the army called and declared treason , ●nd th●se that remained a mock and pretended parliament ; and if so , the● it was dissolved , ●●ing sine die ▪ and could legally meet no more at all : nor once forced by the army ; and then the second time not onely forced , but pick'd and culled , and one of four left behinde , by means of which it was total●y d●stroyed and ann●h lated , and none left in a manner but such as ●ould d● what those that left them would have them : i say , if none of all this had been , i could not with freenesse of my own spirit live upon the sweat of poor peoples brows , by a large salary for my place , who are ●●in ( now their trades are gone , their estates spent for the int●●●ed recovering of their freedoms ( of which notwithstanding they are cheated , and that by their pretended friends ) and a famine come upon some parts of the land , and thousands ready to starve ) to pay taxations and excise for the small beer they drink , and the poor clothes they wear , thousands of families having never a penny in the world to buy bread for them , their wives and children , but what they earn with the sweat of their brows , and notwithstanding are almost as much without work , as without it : and yet out of the bowels , and pining bellies of these poor people , in this sad and deplorable condition must my salary have come , in case i had taken a publick place upon me : therefore when i seriously consider how many men in the parliamen● ▪ and else-where of their associates ( that judge themselves the onely saints and godly men upon earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five , six thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted publick treasury of the nation , when thousands , not onely of the people of the world , as they call them , but also of the precious and redeemed lambs of christ , are ready to sterve for want of bread , i cannot but wonder with my self , whether they have any conscience at all within them or no , and what they think of that saying of the spirit of god : that whoso hath this worlds good , and seeth his brother hath need , and shutteth up his bowles of compassion from him , ( which he absolutely doth , that any way takes a little of his little from him ) how dwelleth the love of god in him ? john . . these actions and practice● are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murder in the world , thus to rob the poor people in the day of their great distresse , by excise , taxations , &c. to maintain their pomp , super●●uities , and debauchery ; and many of those from whom they take it , do perish and sterve with want and hunger in the mean time ; and be deaf and adamant hearted to all their tears , cry●s , lamentations and mournful howling groans ; without all doubt these pretended godly , religious men have got a degree beyond those atheists or fools , that say in their hearts , there is no god , psal . . . and . . and these are my reasons ( with my resolvednesse of walking by a known rule amongst men , the declared law of england ) for not taking a publick place upon me , though i have often been prof●ered considerable ones , yea , that very fore-noon the votes of treason passed in the house against that honest book or addresse for which i am imprisoned , called , the second part of england's new chad● discovered . in the third place , i considered with my self , that seeing i could do neither of those , then i must do one of these two ; first , ●ither ●ollow a trade ; or else , go and b●y , 〈◊〉 farme some land in the country : and when i considered the grand oppressions there , as by tythes , which is not onely annually the tenth part of the husband mans prof●t to the lazy , antichristian , time observing priests ; but annually the fourth part of his increase , labour , h●zards , yea , and stock too ; which tythes i should sooner 〈…〉 then pay : and not onely so , but also the taxations and excise , with that un 〈◊〉 gulf of free-quarter , by means of which a great officer that bore me a spleen ( amongst whom i have enemies enough ) with a pegiment , or more , or fewer , in two or three nights ( with free-quarter ) might eat me ( by force of arms ) out of house and home and so not only waste the increase , but also destroy the principall . and so for these ●●sons i was bloc●t ost from going to live in the country . then secondly , for a trade , i must either follow it in london , or in some other corporation : and in another corporation ( although the king the root and 〈◊〉 of them be destroyed , and although i am not onely a native and free denizen of england , and served many yeers to learn a trade in london , yet in any considerable corporation in england ) can i not with indrustry be suffered to follow a trade or merchandizing to get me bread , unlesse i be a free man thereof ; yea , newcastle , the chiefest place in my eye , being nigh the aboad of my father and kindred , is so grand i●haunsing a monopol●zer , that it monopoliseth the river of time , yea , and the 〈◊〉 for seven miles distance ; although it can produce neither law nor reason therefore , 〈◊〉 onely a large bribing purse of the whole corporation ; which they in that town say , is so heavie , it will break any private particular mans back : which yet i should 〈◊〉 have feared , had there been any equall law to have been had from the administration thereof in any of the courts of justice in england , being as well able ( at least in my own thoughts ) to plead my own case in law at any bar against an inhaunsing corporation , or a patentee monopolizer ( both of which are against the fundamentall law● and liberties of england , as is notably proved by cook in his exposition of the 〈◊〉 of monopolies , part instit . fol. . . &c. ) as any lawer in england , it being 〈◊〉 undoubted right both by law ( see . ed. . chap. . and the statute that abolished the star-chamber ) and reason , to plead mine own cause , or any of my friends that will 〈◊〉 and trust me ; 〈◊〉 any barristers in the nation , which i will publickly dispute with 〈…〉 any day in the week ; and for the unjustnesse of corporations and monopolies , 〈◊〉 are both sons of one father , read my forementioned book , called , innocency and truth j●stified , from the page to the . and my book called , londons liberties in 〈…〉 covered , but especially pag. . . . . . . . to . and my second part of it , called londons charters , pag. . . to . so being for the foregoing reasons block'd off from following a trade any where else but in or about london , where i had the choi●● of three things . first , either to set up a shop in the city ; which i was staved off from , for these reasons : first , because the court of aldermen are so oppressive in their government of the city , setting up their own wills , humours , and irrational ridiculous customs above both the law , reason and their own charters ; which i knowing so well as i do , ( and which is pretty well anatomized in my foresaid books ) i should never bear , and so ●e continually in broils , which was my earnest desire to avoid . secondly , a man cannot well keep any considerable trade i● a shop , but he m●st trust much ; which i man many times hazard the losse of ; especially in these impo●●ishing times , or else to l●w for it , which i never loved ( never having had two s●its in my life , that i can remember ) not onely for the j●ngling part of it , but also for the tedious , chargeable , intricate , hazardous uncertainty of the proceedings therein , as the judges on purpose have made it to get money ; for being often in company with an able , and a very honest man for a lawyer , with other understanding friends , where we 〈◊〉 ●ouble discourses of the abuses of the law , which were particularly instanced to be many , i took special notice ▪ of two things he often averred ( to his praise i spe●● it ) besides the proceeding for the most part in an unknown tongue , and an unlegible hand as write , &c. which two things were these , that he would make good ; first , according to the practice in westminster hall , if a man lent another man l. l. or l. &c. and had as good security as any in england can give ; yet when the day of payment comes , if the party be a crafty b●ffling man , and have a good purse , he shall keep a man in the courts in westminster hall three or four yeers in suit , let him do the worst he could , before he could get his money ; nay , nor never shall get it neither , unlesse he have a purse also able in some reasonable measure to bold pace with him : but in case in any of that time ( by sicknesse , losse or other c●sua●ties ) he happen to fall poor , and so not able in money to pay fees , &c. it s lost for ever : besides all this , the h●zards he runs ( are sufficient ) by being betrayed , bought , and sold by his solicitor or atturney , &c. besides the danger of common knights of the post , to swear the money 's paid , &c. secondly , he did averre , that he would make it good before the speaker at the bar of the house of commons upon his life ; that for the chancery ( which trades men upon book accounts &c. are subject often to use , and there is not a decree of l . from one yeares end to the other made in that court , but jumbling all the decrees together one with another , some suits holding , , , yeares , nay some above , but first and last it costs the p●●intief l . for eveey hundred pound decreed one with another ; o brave , honest and reforming parliament who in three dayes might mend all this easily and plainly , by a county record , by which a suit never need to be of a months continuance , and for which th●y have often been petitioned , but yet will not , but suffer it to continue worse then they found it , for all their great promises in their first remonstances , &c. to the contrary ; yea and give their judges their places freely , and l . per annum out of the co●mon-wealths mony , besides all their illegall and unf●domable fees ; whereas in the kings time they had but l. per annum sallery and their fees ; and most commonly paid , , , , l for their places , an [ yet were every whit as just as these are , for any thing that over i could hear of to to the contrary , and i think i have enquired as diligently into both as any one private man in england hath done ; so for these reasons i durst not meddle with a shop in london . and then in the next place , having multitudes of acquaintance both in city and country , i had thoughts out of the cities freedom to turn soap-boyler , being a good trade and most vendible for ready mony , and in it i met with these discouragements ; viz. first , that there are new monopolies upon some of the principall materials that makes them double prised to what they used to be , which most commonly are all imported from beyond seas , as oyl , tallow and pot-ashes , for which is paid both custome and excise , yea and for the very coles that boyles them or s . in a chaldron ; and scarce any thing free from excise that belongs to it , or to the backs or bellies of the men that work it , but the very water ; and yet notwithstanding when it is boyled and all hazard run , as spoyling or breaking of vessels , falling of the price of sope , or none vending of it , besides many other ac●identall casualties , yet out of the very s●et of his brows and the industry and labour of the very fingers ends , there must excise be paid of so much a barrell ; and that which is worst of all is this , my house which used to be my castle , and so it is by law , night or day must be at the knave excise mans pleasure , to search and break open for unsealed soape when he pleaseth ; nay , notwithstanding all this i must be had to take my oath ( after they will not trust me , but have searched what they can ) at the excis● office , that i have made no more but so and so , and it may be i judge such an oath altogether unlawfull , and therefore cannot take it , and therefore to prison without any more adoe i goe , and must be fined at the will of the chief excisers , and pay a noble a day to the serjeant at armes , besides his mans fees ; and if i do take my oath can forswear my self , i hazard the pillory for perjury besides the wounding of my conscience ; but if i be consciencious that i cannot set my conscience upon the tenter-hooks by forswearing of my self ; then i am destroyed in my trade by others that will undersell me by this stealing excise , and swearing soundly to the contrary too , judging i● ( with cromwell as major huntington in his impeachment of him declares ) no sinne in may be to deceive the de●●iver or oppress●●y and all this lyes upon us ; in the first year of englands freedom by the conservators of the liberties thereof , who yet ●ealously and for the peoples welfare chopt of the kings head for tyranny & oppression , although his ●oynes were never so heavy as their little finger is , o brave , unerring , unsinning , and everlasting , none such parliamen ; and therefore last of all i had thoughts towards winter to buy of my unkle at s●●derland to lay up some coals at my habitation in winchester-house , to fell in january and february , and in the mea●●ime to lay out my mony in some adventure for holland , and there i met with these difficulties : first ▪ although , i was as wary as any man in england could be , to see that master devenish title to the house was good in law , and so i might justly and quietly expect the injoyment of my bargaine from him ; and thereby i see first his deeds , and the parliaments ordinances thereupon , and secondly i went and spoke with master iohn cook the lawyer , who drew up the conveyances betwixt master devenish and master young , of whom master devenish for his life bought all winchester house in southwa●k ; by all which , but especially from m●ster cooks owne mouth , i cleerly and evidently found master levenish had as good a right in all winchester house , for master youngs life both by law and ordinance , as its possible for any man in england to have to the cloaths he wears , or any thing else that he possesseth , although he takes the advice of twenty lawyers in the buying and purchasing ▪ of them ▪ which incouraged me to strike a bargaine with him for three years , for as much of the house as i am to pay annually almost l. and yet since a committee of members with the trustees of bishops lands will needs turne me and the honest man ( by force of armes ) out of his legall possession without any valuable consideration , or rendring at the least any reason wherefore , but only their soveraigne wills and pleasures . o brave parliament justice ! without all doubt this is the liberty of the people , and the law of the land , that we have been contesting and fighting for these seven yeers together , or at least as much as they intend ( now they have conquered us with our own mony and our own hands ) we shall possesse and enjoy this unrighteous molestation , which with their illegall imprisoning of me hath spoyled a coal-merchant of me for the present . and in the second place , as my adventuring to holland , when i came to inquire after the nature of that , i found these difficulties therin , first , a strict mon●poly , that none whatsoever shall ship any white cloth for that place but the monopolisers themselves , and secondly a general monopoly upon woollen commodities whatsoever , that unlesse you do as good as tell a lye ; i found merchants still continued to be the chief customers , who it ●seems have a trick to steal whole ship loads of custome for their own use , by mean● of which they undersell any other merchant , yea and thereby break the backs of new beginners ; for being at my first inquiring thereinto with master william kiffin my quondam servant , though now my prof●st and blood thirsty enemy , he told me a little before , he was one day at the custome-house , and the chief men there had catcht a poor man that had stolne some custome , for which they were about fining and punishing him , why master faith he to one of them in kiffins hearing as he averred to me ) will you be so angry with me , and so harsh to punish me for a small ●oy , when i am but your own scholler , for i am sure it s but the other day fin●e by your own directions i help● you to steal in a manner a whole ship load of uncustomed good● : and you being so well pleased with that , my thinks you should not be so angry with me for stealing a little custome for my self . but then fourthly , the prince was master of the sea then , so that i durst not venture it in a english bottom , some of which had laid in the thames divers weeks loaded and du●st not stirre out for want of convoy , which they had fought much for then to the parliament , but could get none ; and to ship it in a dutbh bottom , it did not only give the traid of shipping to the dutch , and so destaoy our english ma●iners , but also by law to ship it in du●th bottom , it is consiscated or at least must pay the custome of aliens or strangers as appeares by the statutes of r . ch . & k cha . . & h. ●b . & . & . e. cha . . & h. . but having bought some cloth and stuffs i was necessitated to run the hazard of ●hipping them in dutch bottom ; but english woollen commoditie ; being so great a drug in holland as they are by reafon of the merchant monopolisers , alias mercha●t adventurers , that ingrosse the trade to themselves , and buy their cloth here at what rates they please and sell it in holland as dear a list ; and so care not how little they vend so they get mony enough by that they sell and disable all others from trayding , by meanes of which the poor people here that depend upon cloth-making , wanting work are necessitated to leave the land of their nativity and goe to holland to make cloth for the dutchmen to get bread to keep them alive ; whereby they have almost got the english cloth making traid , and our wise ▪ just and long winded ●arliament , are willing thershould so do , or else almost in nine years time they would have given some satisfactory effectuall answer in those multitudes of petitions that have year after year been preferred to them , complaining of these unsufferable and destroying grievances and yet they can assume to themselves a stile of the conservators of the leberties of england in the firs● year of freedom , but i wonder where it is , for my eyes can see none at all in any kind , but rather more bondage then ever , witnesse now their treason-trap , &c. so english cloath being so great a drugg there , that little profit could i expect by my adventure , unless i laid out in the return most of my mony in such commodities as are monopolized by new patents , ordinances , against the laws and liberties of england ▪ and if i so did , when they come here ( if the monopolizers catch them ) they are all lost ; so here is our freedom , but yet notwithstanding , i did order my factor to lay out the most of my mony there , in such commodities only , being resolved as soon as i could here of the ships arrival in the river of thames , to boord her with half a dozen lusty resolved blades ; and with my own hand to give the chief monopolizer's a b●ace of pistoll bull●ts in his guts , or a prick with my rapier or dager , in case he came to take away my goods from me ; and then to run the hazard of a tryal at common law , to see whether by the law of god , and of england ; i could not justifie the preservation of my self and my goods , from any that come to rob me of them , and rather kill him or them , that would assault me and them , then suffer him or them to take away by force my livelyhood , and so by consequence the life of me and my family , but the counsell of states robbing me of my liberty , by my close imprisonment in the tower hath frustrated my marchandizing hopes , yea and it may be thereby break me to the bargin , but if they do , when they have seriously cast up their gains by it , they will not be six pence the richer , though my wi●● and ●●tle babe● may be much more the poorer : but to turn back again to my coming out of the north , besides the thoughts of my future substance , in some honest industr●●●● calling or other , i spent some time at westminster , to see and satisfie my own understanding how the t●●e sail of things stood at the helm , i mean with the three great me● of the army , viz. fairfax . cromwell , and ireton ; and whether i could finde out they had any real tho●●hts to prosecute their own agreement , that so we might have a new , equal and just representativ● , which i upon my principles ( now they had laid kingly government aside ) look'd upon as the only and alone earthly sal●● to heal and cu●e the wounds of this dist●acted and dying nation , and to make it flourish once again in peace , trade and all kinde of outward prosperity , and without which our wounds could never be hea●ed ●r cured by any other means that could be invented o● conti●●●d , looking in my own thoughts upon the then smal sitting remnant of the last parliament , as a quite contrary inte●est to the peoples good or welfare ; distributive justice and universall righteousness , being their bane , and that which would be the unavoydable ruine by reason of that horrible g●ilt they have contracted by their self-seeking unjust wayes upon themselves ; th● great bug-bear the king being now gone , they would be necessarily l●d , for the supportation of themselves in the evill of their wayes , and continuance of their intended perpetual greatnesse , to court , support , and make much of the chief supporters of all the remaining corrupt interest in england , as the priests , and their robbing tythes , the banc of industry ; the laywers , and their monopolizing pleadings , and all their old and base inslaving corruptions in the execution of the laws , as bad in a manner as the old bondage of egypt ; and of old and illegall charter-mongers , the inhaunsers , engrossers , and monopolizers of trade , and all the base bondages thereunto belonging ; the peoples freedoms and liberties being the onely thing now dreaded by them ●● the only engine to pull down all the steps they have long laid for their elective kingship , and the single injoyment amongst themselves alone ( and their vassals , slaves and creatures ) of all the great places thereunto belonging , and thereupon depending , which yet they must not immediately do , but go about it gradually , and first get the power of seeming legall authority , into a narrower compasse then it was , in their purged house of commons ; that so that might rule , counsel and direct their mock ▪ parliament ; and the councel of the army ●ight rule that ; by means of which ( what with the service of irelan● , &c. ) they might so mo●●lize their army , that it in due time might totally become slavish by obeying without dispute what ever their great officers command them , and so unanimously elect , and impose upon the people their present generall for their king , as the onely fit , able , and best deserving man in england for that soveraign place ; provided , under-hand he would ingage too high and mighty oliver , and his son in law henry ireton , to be sure to do a● they would have him , and in his kingship to promote those that they would have advanced , that so one of them might not fail after his decease to succeed him ; and so in time , with their long continued power and wils , keep it in their line , as the onely deserving family in this nation , who saved it from its enemies ( for their own ends ) in the day of its distresse ; whose battels it fought pretendedly for the liberties of england , crying out jehu like , kings . . co●e , see my zeal therefore in cutting off the kings head , &c. and razing out his family : and undoubtedly it is of the lord , for he hath prospered me in it ( and so he did judas in betraying christ ) and no●e hath been able to stand before me , when as , alas , all this successe may be no more but the rod of god to chastise a then more wicked family , designed by god to that destruction ; for the transgressions , sin , or blood thereof ; yet for all this , the heart may be no more upright then john's was , which vantingly lifted up by his great su●c●ss , & took no beed at all to walk in the law of ( justice , truth , and obedience ) the lord god of israel with all his heart , but followed after ( mans inventions and devices ) jeroboam's wickedness , to win the golden calfs in dan and bethel ; for which wickedness and pride of his spirit , ( after all his success in fulfilling the express will and command of god in cutting of from the earth ahabs family , for the transcendent wickedness thereof ) yet god begun to plague him , and in those daies cut israel sho●● , ye and afterward for the pride and wickedness of his posterity ( unto whom to the fourth generation god gave the crown of israel ) for jehu doing well in executing that which was right in his eyes , in utt●●●y ●●ing of the house of ahab for their ●lo●dt●ir●●y wi●kedness , according to the heart and mi●● of god , vers . . brought such plagues upon him and his people , that they became a spoil to all their neighbours , which made their affl●ction very bitter ; insomuch that there was not any shut up , 〈◊〉 any left , nor any helper for israel , chap. . . and as jehu to the eyes of men conspired against his master and killed him , being but a captain in isra●l ; so shalum the son of jabesh conspi●ed against the last of his race , and smote him before the people and sl●w him , and raigned in his stead , chap. . . but because those that followed after took no wa●ning by the righteons and grievous punishment of their predecessors for their wicke●nesse , to w●lk righteously and justly before the lord ; therefore he made thei● r●ignes very mort , and full of blood and bitter affliction ; and brought their heads to their graves most commonly by conspiracy , and that many times of their servants & captains ; as the sequel of the story shews . and in my observations and private discourses at westminster , i apparently found it to be as i fea●ed , their main endevours being closely carryed on to perpetuate this parliament for ever , and by it , a new ( and then ) endevoured to be erected councell of state , and the councell of warr , for the future ( by the rules of their wills ) to govern this declared free nation arbitrarily ; and to make some gr●nd examples of ●error , as that none for time to come should dare to stir ; which i there clea●ly saw , to my vexation and trouble , but was inwardly forced to bite my lip and be silent : but that which perplexed me most was that i found promotion and promised hopes of honour and gain had very much changed the principles , and cool'd the zeal of three or four of my familiar acquaintance and bosome friends , ●●at not long before had been visibly and frequently the valia west , stoutest , ablest champions ▪ for englands libe●●ies and freedomes that i know in the nation ; some of whom very fairly and smoothly dealt often with my self , to be as prudent and wise in acceptation of the favours , and familiar respects of great men , as they had done ; and at my coming to town duke hamilton , and the stout lord capel &c. had newly entred upon the stage for the tryal of their lives , and i confess , i was exceeding curious , in satisfiing my self about the manner of dealing with them , and so up into the court i got and heard the begining of their defence , ●nd afterwards went and spoke with them , looking upon them as part of the people of england , unto whom if any injustice was done , it became a p●esident to destroy me , or the most righteous man in england , if the swaying faction pleased , and s●e●ng thes●m●n●a knowledg themselves subject ●● the penal part of the law , as well as the directive part ( which the king never did but to his dying hour maintained , those two most abominable and all humaine society-dest●o●ing 〈◊〉 viz. that he was acco●●table to no power on earth , ( but god a one ) as to punishment for any of his actions , though never so wicked : and secondly that the ●eople have no share ●n government , i thought my self and the liberties of my native country concerned in the manner of their trial ▪ though i neither the● nor now liked the cause in whi●h they i●ga●ed ) as knowing and seeing very well when the hedges and freedoms of our liberties and freedoms have but a gape broken downe in them , it is likely in time not only to become a path , but ● high 〈…〉 , to let in such an inundation of illegalities and arbitrarits as shall over●●ow all and 〈◊〉 downe all underfoot , which is plainly to be read in sit walter k●●leys 〈◊〉 h●story of the thirty grand tyrants of athens , in his history of the world , lib. chap. . 〈◊〉 . . ●ol . and which in time might become a meanes to pervert all the whole 〈◊〉 of the whole english government , of which my mind being full , i argued th●● with my s●l●e . 〈…〉 be these mens lives they would have right or wrong , then they should have killed them in the heat of bloud and not have given them quarter , or after quarter given 〈◊〉 notwithstanding broke , and so have dispatched them by shooting or otherwise killing them in their chambers or the like ; but to reserve them many months together alive , and b●ing them out in the face of the sunne , preten●●ing to take away their lives by the rules of justice and law. well then what is done unto them in this case , must be 〈◊〉 in the meanes and method of justice as well as in the end , and the law of england 〈◊〉 their b●●th●ight and inh●ritan●e in every puncti●●io of it as well as mine or any mans in the nation , and indeed the end of the making of the law is for transgressors , by the 〈◊〉 of which their actions ought to be measared , the priviledges and benefit of which all their 〈◊〉 ought not to be denied ( nay if they be ignorant of their legall priviledges , the judge ought to instruct and inform them thereof ) nay or any stander by else that is present at the tryal , and the law renders this reason , lest the prisoner at the bar should unjustly 〈◊〉 his life by the errors of the proceedings of the court , . p●● . insti . fol. . . 〈◊〉 , for a righteous man the law was never made for him , neither hath he any need to claime the benefit of the severall priviledges of it , because he doth not transgresse it ; but because so much malice and wickednesse is in the hearts of the sons of men , that many times the wicked and guilty accuseth the righteous and innocent , therefore the wisdom of our fore ▪ ●●thers , and the righteousnesse of the laws they made for us and have left unto ●s is such that no man though never so notorious in publick fame , is to be esteemed or 〈◊〉 i guilty man or transgressor ( in the eye of the law ) till he be legally and duly convided of the crime laid unto his charge by the rules and methods of the law : the law of england is as much to be magnified , as sir edward cock often stiles it , being a law of 〈◊〉 , par . insti . fol. . favours much the life of man , because of all things in the world it is most precious , fol. ibid see his exposition of magna charta in par . inst but especially fol. . . , . . . but above all read that most excellentest of all his discourses upon the righteousnesse , equity , safety , and justnesse of the tryall by juries of ( ●iber 〈◊〉 lega●is home ) free and legall men ( next ) of the neighbourhood in his pa● . insti . ib. ● chap. sect. . which parliaments cannot destroy nor change , because it is impossible for them to find out a juster or better way of tryall and they 〈◊〉 to provide for our weale , but not for o●r woe , ● par ▪ book . doc. p. . and 〈◊〉 〈◊〉 doe what they list but what they ought par . ●ook dee . p. . . . . . 〈◊〉 . . . . . . . . 〈◊〉 par . fol. . & declarat march ● p. . , , . for all the idle pratings of any new upstart ' sons of belial amongst us , such as the author of the late abominable book called the discoverer which is commonly reported to be partly master frosts secretary to the 〈◊〉 call●d the 〈◊〉 of 〈◊〉 , and p●incipal●y that apostate , iohn can law if 〈◊〉 , and now of the parish of b●w , whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the turks alkeron if it were in 〈◊〉 , and fat livings to be got by so doing ; but let all men in authority and great place● 〈◊〉 value thei own heads and lives ; remember dudly and epsons punishments privy co●cellors to h●n●y the● eve●●● , for proceeding by the rules of their discretion i● 〈◊〉 〈◊〉 , laying aside the tryals by juries of twelve men , the ancient and undoubted birthright of the subject part inst . fol. . for which they lost their heads as traytors for subvert●ng the fundamentall liberties of the people , although they had an act of parliament ( viz. hen. . ch● . . recorded par . inst . ●ol . ) made by as unquestionable power in law as ever was in being in england , in a free and full parliament , c●●sisting of king , lords spi●ituall and tempor●ll , and commens ; to authorise and beat them out in what they did , of whom you may read most excellently in cooks inst . viz. par . fol. & par . fol. . , . . and in my musing with my self of their conditionn , my thoughts were something to this purpose the actions done and acted by them , were either crimes or no crimes , crimes as to men they could not be , unlesse they were transgressions of a knowne and declared law in being in the nation before their acts were done , ( for saith the spirit of truth , where there is no law there can be ●● transg●ession , rom. . . ) and if so then to punish them for their acts ( or facts ) any other wayes , or by any other rules , manner or methods then is by those laws against which they had transgressed , is expressed and pres●ibed , is very grand injustree ▪ and the most righteous and justest men in the world , ( under such practises ) can never be safe or secure , but are alwayes liable in liberty , estate and life , to be levell●d and destroyed by the will , mallice and pleasure , of the present s●aying grand faction , in which condition a man differs nothing from a brute beast , but in shape ; but the high court of justice , erected to try them , was a pretended court of justice , not knowne to the visible and declared law of england ( being in its constitution altogether against all the english rules of justice , no nor in being when their facts were committed ; and therefore had no pretence at all being but a new constitution to meddle with judging of their facts committed before it had a being , or was brought forth into the world . besides the erection of it ( i mean a high court of justice ) to try men for siding with the king in ? the late warrs against the parliament is a meer and cleer giving away , and surrendring up the legallity of their cause in o the kings hands , telling the people in effect hereby , its true we have waged warre against the king , but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of justice for transgressing ● l●w in being . but we having by the chanc● of war prevailed against him alass , we have no law of our sides , by the rules of which we can hang any of his party , but must be forced to take away their lives by the rules of our own wills and power , by rules of pretended law m●de after their facts committed , and for the demonstrating of this unto all that have adhered unto us , we erect a new high court of justicely new rules never known in england to try them , that so our friends that have adhered to us , may see where they are , and betimes provide for their own safety , and never trust or beleeve our declarations and remonstrances any more ; for though we formerly told you we had the law of our sides ; yet by our setting up this high court of justice , to be both parties , jury and judges , we plainly tel you there was no such thing , but that then what we told you was lyes and falshood● and that you should beleeve us no more : for though then we told you we would maintaine the law , especially of liberty and propriety , and that it was ● transcenden● wickednesse in us to destroy it , and by our votes at our wills and pleasures to disposeor levell all the peoples estates , liberties and properties ; yet now we iell you , we never in our hearts intended any such thing , but that our designe was totally ( if we did overcome ) never to keep any of our promises : but absolutely to destroy all law , and by our absolute will , by all manner of new erected engins , to debase and breake the peoples spirits , and to dispose of their liberties , estates and lives by the absolute rule of their own wills , and as a cle●● demonstration to your understanding that we never intended otherwise , , we erect this high court of justice , composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills , ●e they 〈…〉 , without ever examining whether our commands be consonant to law , reason , eq●ity , justice or conscience , being of as absolute implicite faith in belcl●ering of us ( because we have promised they shall ●aign with us or under us ) as ever any papish in the world were believing the pop● . thirdly , admit this had been an unquestionable ( representative of the people ) parliament , who by ve●●●● th●●●●f hath had a power to levy what mony they had judged conven●●nt upon the peopl● b●●●neral tax for the common safety of the nation , which act both by law , and reason ●h●y may do ; yet they cannot in law , equity or reason , lay all tha● tax upon th●ee o● four men alone , and make them bear all the charges of the publick ; ev●n so , although the parliament may erect courts of justice , for the good of the people , to administer law in ●esinitely to all the people of england alike without exe●p●ion of per●ons ; yet they can neither by law , nor reason , erect a court of justice on purpose to try three or four individual persons , and no more because it is against common equi●y , ●● englishmen o● people being all born free alike , and the liberties thereof equally intasted to all alike ; and therefore in common equity and justice , three or four individual persons ought not to be burthened with an iron yoake , when the universal are only b●rthened with a wooden one ; and therefore in this s●●rt is my judgment . that that high court of justice was altogether unlawfull in case th●se that set it up had been an unquestionable representative of the people , or a legall parliament , neither of which they are not in the least ; but as they have managed their business in opposing all their primitive declared just ends , a pack of trayterous , self seeking tyranical men , usurpers of the name and power of a parliament . i say considering with my self some such things as these are , i was something diligent at the beginning of their tryal to see and hear all ; yea and of●en converse● with th●mselve● , but when i came to hear st●ut capel make his defence for himself , ( which was before he had any counsel assigned ) and so gallantly and ac●utely to pl●ad the law , and demand the benefit of it ; which he did as acutely in my judgment , as ever i did hear any ●● an in his own case in my life , alledging fiftly the statu●e of . ed . chap. ● . and cited the very word of those ● notable statuts for his benefit , of the ●●n . chap. . and hen. . chap ▪ . the last of which indemnifies the kings followers i● wars , and also cited the first and second of p. and m. chap. . and pressed therefrom that ●ll treasons should be tryed by the ●●les of the common law and not by ext●a●●din●ry ●ays and means according to the declared laws in being citing the petition of right for the proof of that , looking round about him , and saying i am an english man , and the law is my inheritance , and the benefit of the petition of right my birth right , if so then saith he l●●king upon the president , 〈◊〉 my jury . i see none of my iury , that is to pass upon me ▪ i demand the sight of ●● j●●y legally pannelled , as my right by law , without the verdict o● whom i cannot in law be c●●demned , and when it w●s ●eply●d upon him by the pre●●dent , that the members of the court was the jury ; he most g●●lan●ly and resolu●●ly answered to this effect , i 〈◊〉 you will not deny me the bene●●● of the law , which you ●●etend you have sought this seve● years to maintain : i hope , sir , you will not deny m● the benefit of the declarations of those by whose power you sit : and producing ●●e declaration ( of the pretended house ) made the th f●br . ▪ to maintain the fundamentall lavves of the nation ; he held i● forth , and desired it to be read , which was refused by the president , telling him , they knew it well enough : well then saith he , here 's a declaration made but the other day , whe●ein the parliament declareth , that they are fully resolved to maintain , and shall and will up hold , preserve and keep the fundamental lawes of this nation ; for , and concerning the preservation of the lives , properties , and liberties of the people , with all things incident thereunto ▪ with the alter●tions touching kings , and house of lords already resolved in this present parliament , for the good of the people : and saith he , it is one of the fundamentall liberties of the subjects of this kingdom , to be tryed by juries ; and i hope you wil not deny me the benefit of the parliaments declaration , and so break it as soon as it is made : but all was to no purpose ▪ he must have no jury , but councell , if he would ; at the denyall of which unto him , i confesse my heart was ready to s●●k within me , and my spirit was inwardly fill'd full of fire at these wretched men , whose now decla●ed de●ig●s was cleer to tread under their feet all the liberties of england , notwit●standing a●● their oathes and promises to the contrary ; and then in that ●●y in ●y own thoug●●s i cl●arly bid adieu unto all englands glorious ( amongst men ) lib●●ties and dea●-bought f●eedoms , and much adoe had i in the open court to containe my self f●om an a●●wed d●te●●ation of their a bominable wickednes , my hea●t was so full ; but being withdrawne i was something free in my discourse in all companies i came in ▪ but yet upon the principles of the law and their own declarations , as being almost overwhel●ed to see what i then saw ; and severall discourses i had with the prisone●s , and divers of my books and law pleas , with sir iohn maynards and the foure impeached aldermen i sent them , and much pressed some of them to put their lives upon the hazard of a plea and protestation against the jurisdiction of the court , telling them if they dyed upon that score , they would not only dy as lovers of the king their principall , but also of their country , as brave englishmen in the eyes of the people ; whereas if they stooped finally to their jurisdiction , they might easily perc●ive they were resolved to sacrifice them , and if they so died they dyed upon a poor and begparly score ; ye● in a manner upon the deniall of their own principals ; but the gentlemen having as ●o me appeared , large promises of their lives upon conformity to the jurisdiction of the ●ourt were meerly gull●d thereby of their lives , and could scarce ever beleeve the should dye till the house of death came upon them . and yet notwithstanding this , some of them sent to me , to desire me to be one of their councell , to plead for them in matter of law ; unto whose friends i returned an ans●er to this eff●ct , that i could not be ●o unworthy in my own esti●ation , as to plead any plea they could plead for a justifi●ation of their ●ctions ( though i conf●ssed there were much in law to be said for them ; ●f e●●ally , as the case stood with them ) unlesse it were a plea and protestation against their jurisdict●on ; and so procrastina 〈◊〉 tryall , if it were a possible till a new parliament ; upon whi●h plea , i ●ould willingly have ve●tred my heart blood for th●m , because my int●r●st , and the inter●st of all the free and honest men in en●l●nd was as much concerned in that fa●●ll president of that abhominable and wicked court , a● c●pell or hambleto●s life , &c. was ; but they would not venter there , and so i declined them : and when holland came to it , a lady , and some other of his friends came to me , to my house about hi● ; but i was still upon the same string , yet sent him word of severall particulars , in reference to my tryall and arr●igament at oxford , that was very materiall to his present cause , and if he would call me in the open court , as a witnesse ; he should s●e i would speak my minde freely and effectually , although i smarted for so doing ; and he appointed a day to call me ; whereupon , i went into the court , and conveyed w●rd to him , i was there , but whether his heart failed him or no , i know not , but he never called me ; so when i understood they were all in the way of condemnation , i took the thid part of cooks institutes under my arme to the house doore , and made severall a●pli●●tions to some of their judges , and some parliament men for them , and particularly with colonel temple ▪ governour of the fort near graves end , and del● with him upon their own principals , as the most probablest to doe the prisoners good ▪ and to save their lives , which i confest● i much laboured for , and my discourse with him 〈◊〉 to this ●ffect at the house doore : sir , i beseech you , let me a●k you one question , what 's that saith he ? it is whether you think you● house intend in good earnest to ●ake away the lives of the lord capel & c ? or whether they have only caused them to be condemned in terrorum ? without all controversie said he , they intend to take away their lives , and it is but just they should , and doe not you believe so , no indeed sir doe i not , and ●● you please , i will give you some part of my reasons therefore ; i pray let me have them , well then sir said i , to say nothing of the jurisdiction of the court by which they were tryed ( which is very questionable to me ) no● of the power of a parliament to erect such a one , nor yet of the questionablenesse of the legality of your single house , nor of the clearnesse of the letter of th● law o● their sides ; which now the king being g●ne , might put you o●● of feare of the future power of these men , and make you now 〈◊〉 at your mercy , and you out of fear of present hurt by them ; seriousl● to we●g● the qua●●ell betwix● you and the● in an equall and just balance ; which if you do , i am sure you will 〈◊〉 it very disp●●eable in law , and something in reason too , considering many of you● late actions ; especially if you consider , you● ever avowedly nor throughly stated your cause ; but begun it upon commissions for king and parliament , force ●● people to take the oath of allegiance and supremacy , protestation , and two covenants , ●● all which you force the people to swear to maintain the kings person , crown and greatnesse : and this 〈◊〉 the wars begun , letting all writs and processe of law 〈◊〉 in his name , and thereby your selves m●ke him as it were alpha and omega to the p●ople ; yea , and in severall of your declarations fince the quarrell , you call him the fountain of honour , and averr he can do no wrong : see part book decl. pag. . . all which doings of yours are enough to make men si●● with the king , especially those that have great estates , if it be for nothing but safetie's s●ke alone : but i will la● all these aside , and argue with you more closely , upon principles that you cannot dispute against . . and therefore in the first place , the law of england p●●lished by your selves , saith expresl● , no man of england in things concerning lif● shall be judged tw●●● for one fact ; but if once judiciall● tryed and acquitted , he never more by law can be questioned again for that crime , though indeed and in truth he be never so guilty of it , and though it be never so criminous in it self ; otherwise there would never be end nor safety : and for the proof thereof i then ●ired ● yers case , at the sessions of the peace holden at norwich in the yeer of q●een elizabeth , and the judge● opinions thereupon , which is notably recorded in cooks put institutes chap. . of falsifying of attainders , fol. . and my own case at oxford , which was to this effect : being at the fight at brainford ( which was upon the of novemb. ) taken prisoner in arms against the king and his party , i was carried captive to oxford castle ▪ where not long after my arrivall , the lord dunsmore , the lord matrevers , the lord newark ▪ and the lord a●d●ver came to the castle to me from the king , as they said , and proffered me from himself great matters , so i would crave his ●●don for the treason i had committed against him , in being in arms against him , and fo●sake the traiterous parliament , and return to my obedience ( as they called it ) to the king : but being then as able in my own thoughts , as any private man in england to argue the equi●● and justice of the parliaments cause , i was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of england free and happy ( their then only declared a●m and end ) ●nd in whose quarrell i would then have laid down a thousand lives , ( if i had had them ) and for the greatest part of an hour together , by din● of argument , grounded upon law and reason , sc●●ning and 〈◊〉 all 〈…〉 of honour , riches , and greatnesse , i ●eld them in play so ho●ly , that they ●●ll 〈…〉 with me , and gave up their disputing bu●●lers ; t●●eatning to hang me 〈◊〉 for a grand traitor , without any more adoe . at which i laughed , and desired their 〈◊〉 to tell me which way they would go to work to take away my life , now they had given me quarter . well , say they , we have two strings to our bow , and in the first place , we will arraigne you for a traytor , for being the chief or generall of the preuti●●t , that c●●e d●●● to westminster and white hall , and forced the house of p●ers , and drove away the king from his parliament , and so begun the warrs . unto which i replyed , al●sse , my lords , you will be far mistaken there . and i cannot but wonder , that your lordships should so undervalue your own honours and reputations , as so much as once now to mention this . why sirrah ? said one of them . why , my lord ? because your lordships may remember , that the of may , . the king caused warrants to issue out to apprehend me as a traytor for this very thing , and others depending upon it ; and as a traytor i was apprehended by his messengers , one of which that night kept me prisoner as a traitor : and the next morning i being of may , as a traytor i was brought by him to white hall , where , ( a● i remember ) old sir henry vane and mr. nicholas were appointed by the king himself to carry my impeachment to the house of peers , at whose b●r i that day appeared ( not then understanding their jurisdiction ) and was there that day in your way arraigned for my life , and one littleton the lord keepers kinsman , swore most bi●terly against me : but upon further examination of witnesses , and hearing with patie●●● my own defence for my self , i was by your who●e house ( who look●d upon them●elves as the highest judicatory in england ) honourably and nobly 〈◊〉 , a● 〈◊〉 ●●nocent and f●●e of the kings accusation : of which , my lords , ( said i then ) let me plainly tell y●u , if i were guilty , you were a company of ●●righteous and unjust judges for freeing me from that accusation : but , my lords , being judicially tryed therefore , and acquitted by your selves , ( who , if my memory fail me not , i ●aw all at that tryall ) and by your whole house ( then extraordinary 〈◊〉 as ever i saw i● ) who judge your selves the highest judicature in england , i am acquitted thereby ( my lords ) by the law of england , from any more question about that 〈◊〉 , although it should be granted , i was never so guilty of it . unto which they replyed ( to my remembrance ) in these words , a pox on you , for a cunning subtill rogue , are you so cunning in the law , that we cannot lay hold of you here ? but yet for all your parts , we will have you to the gallows , for leavying warr upon the traiterous commands of the parliament against the king● : and here ( ●aid they ) wee are sure the ●aw will reach you . whereupon i was immediately a●ter laid in●●●tons , and brought to the bar before the lord chief justice heath , sir thomas gard●ed recorder of london , &c. and by indictm●●t , a●●o●ding to the rules of the common law , a●r●igned for a traytor for levying war in oxf●●dsh●●e against the king. but my plea to the businesse of w●stminst●r ▪ and the p●enti●●● was admitted for good law ▪ that being once judiciall●●●ed and acqui●ted , i could no more be troubled therefore : neith●r indeed was ● . but according to the punct●li●es of the law , they gave me all the lair play ▪ in the world that the law would allow me , s●ffering me to say for my self at the bar what i pleased , releasing me of my close imprisonment and i●ons , and allowed me pen , ink and paper ( which the jaylor kept from me ) upon my pleading before the judge ; such usages being altogether contrary to law : and that no such usage , ought to be exercised in the least upon any prisoner whatsoever , that w●● 〈◊〉 bea●●ly rude in his imp●●lonment ; and that no supposed ●raitore● 〈◊〉 by law could be put to any pa●● or torm●nt before co●riction . and truly , colonel te●●le , i shou●d be very sorry , and blush for shame , 〈◊〉 considering my ●●rong zeal in the parliaments cause , to see the day that the parliament of england ( a● least th●se that so stile themselves ) that hath pretended so much righ●●●●ness and justice , should be no more just to the covaliers ( against whom they have fought for injustice and and oppression ) in denying them the benefit of the law ●h●n they are in their power and mercy , then the kings jadges were to me , and other of your prisone●● , when their lives were in their power and mercy , in the hight of war , and of their 〈◊〉 prosperity , and yet granted us the benefit of law in all things we claimed it in , as capt. vivers of b●n●ury , arraigned with me , can witnesse as well as my self . now sir , to make application : the parliament not long since , when in its po●e● it was more a●un●●ntly unquestionable then now it is , ( after its new force ) cond●●●●ed capel , hambleton , holland &c. to banishment , for the very 〈◊〉 now to their charge ; an● th●refore in justice and law cannot a second time cause them to be adjudged to die for the ve●y same things . it s nothing to me , nor to the king●om , for you to say , that when that j●dgment pass'd they had so many friends sitting in the house as over-voted the honest common-wealth's-men to the pr●judice thereof ; for the maj●r part is parliament , or else th●re ●s no parliament : therefo●e sir , i reason thus : e●ther that wherein that judgment pass'd was a parliament , or no parliament ; ●if a parliament , then their judgment ( ●s to themselves especially ) was binding , and the benefit of it they ought not to deny to them whose live● are cons●rved in it ; 〈◊〉 it were unjust in it self ●● to the nation : but if you , or any other man shall say , it was no parliament , as having forfeited their trust in treating with the king again , and so their judg●●nt not valid , then with much more confidence say i , this that now fits is no parliament , and so by consequence , the high court of justice no court of justice at all ? and if for then to execute them upon their judgment , is absolute murder . but i would fain see that honest and valiant man in your house that du●st pretest against them for no parliament . but sir , besides this , mark the consequence of it to all we parliamenteers that have acte● under you , and by vertue of your commands , by these proceedings ▪ first , you have sold the bishops lands , and given them th●● bought them , as they suppose , good security for their quiet enjoyment of their p●rchas●s : i , but within a little wh●le after , part of the very same parliament alters their mindes , and being becom●th ma●or part by forcible purgations , illegall new recruits , or by any other ●ricks ●●●●vi●es , and they vote , all those barg●ins are unjust , and the purchasers ought to lose both ●e●r land and m●n●y : where is then that stable security of parliaments ? and yet such doings would be as just as your present dealings with capel , &c. whose preceden● 〈◊〉 a precedent for that , and much more of the same nature . b●t secondly , the sam● parliament that condemded capel &c. to b●nishment , pass'd mul●itudes of compositions with severall cav●lier● , as guilty of t●eason in the 〈…〉 of it , ●s they : and by the same rule●o● now cond●●n capel , & 〈◊〉 ; after you have judged them to banishment , you ●●y adjudge all the compounding c●v●●eers to ●●●ange● , after you have adjudged them to composition , and so put the kingdom ( by 〈…〉 people desperate ) in an everlasting flame that never will have end , bec●●se 〈◊〉 is ●o certainty in any of your proceedings , but are ●s changeable as the wind th●● 〈◊〉 〈◊〉 , thirdly , and most principally it is a common maxim● in law and reason , both , and so declared by your selves , part book declarat . page . that those that shall guide thems●lves by the judgment of parliament , ough● ( what-ever happen ) to be secure and free from all account and penalties . b●t divers honest men ( as you now judge them ) ●ave acted and gu●ded themselves by the judgment of parliament , as they account y●u , in taking away the king's life ; and y●t by your dealings with capel , &c. they are liable to be hanged as ●rayt ●s 〈…〉 a major part of your very house , by force , or other 〈…〉 , shall vote that act 〈◊〉 , and all the actors therein traitors : so that , sir , if i have any judg●●n● in ●●e , by his very single act towards them , you shake the v●ry to●ndation of the validity of all the parliam●nts decrees and judgments at once , and m●ke 〈◊〉 all the se●uri●y and ●ndemnity that those ( in ●q●●ty ) ought to enjoy , that have acted by you commands , a●d guided themselves by the judgment o● parliament : by mea●● of which you will finde in time , you have demolished your own bulwarks , an destroyed your own fences . and for time to come , for my part , i shall be a tho●sand times more wary how i obey all your commands , then ever i was in my life ; se●ing yo● are so fickle and unstable , that no man knows rationally where to find you , or fixedly to what to hold you . but if you shall object ( as some do ) that that judgment of b●nishment was onely in ●●ference to the peace with the king , and that being broke , yo● are absolved from that judgment , and not bound by it . to which i answer no more but this ; that was a judgment upon s●i●ous and solid debate , of long continuance , at the passing of which you acted as individually , and as independently from the king , as ever you did before or since : and therefore in law , justice and c●nscience you ought to stand to it , and make it good to the prisoners concerned in it ; especially , considering they desi●e it . but having in length outstriped an ordinary epistle , and having much matter remaining , j●dging it more then time this that i have here writen to you , should come to publick view , ( although i perish for so doing ) i am forced and necessitated ab●uptly here to break of ; and leave the remaining part for a second part to the same tune if god spare me life and health , and give opportunity , although i be cut in ten thousand peece● therefore ; for if every hair of cromwel , fairfax , irfton , haslerig , bradshaw , and harisons head , were a regiment or legion of armed men , i would by gods ●ssulance in the present righteous cau●e in which they have deeply imba qu●d me , ( by their lawless cruelty and tyranny ) ●ear them no more then so many butterslyes or motes in the sun ; for behold , god 〈◊〉 my salva●●on , i will trast and not be as●aid , fo● the lord jehovah is my strength , and my song , he also is ( long since ) become m● salvation , isa . . . therefore will ● sing ●ejoy●e ●nd b● m●r●y , for he hath fitted me for all manner of deaths ; in inabling me through his strength p●wer and presence , any time this twelve years together to carry my life in my hand , and to be always eve● since in readiness at a quarter of an hours warning to lay it down ; whi●h ● shall ●s freely 〈◊〉 ( as eat ) in t●is just and righteous quarrel , viz. the liberties of the land of my nativities against the apostacies and tyrannies of her most perfidious and treacherous professed friends and the holding out of gods soveraignty amongst the son of m●n , as being that one , single , 〈◊〉 ●lone ( either in heaven or earth ) that is to raign , rule , , govern , and give a law by his will and pleasure to the sons of men ; the absolute workm●nship of his hands or power ; and therefore to thee o cromwel , o fairfax , o ireton , o haslerig , &c. in the power , might and strength of the lord god omnip●tent and almighty , that rai●●s and shall rule for ever and ever ; before whom the 〈…〉 doe quake and tremble ; and before whom you are all of you as inconsiderable 〈…〉 sun , as the dust of the ballance , or the smallest drop of the bucket : to you , i say , in my present condition , as shadrach , meshach and abednego in their great 〈…〉 the outward man , dan . ) said once to your brother tyrans nebuchad●●zz●● ; 〈◊〉 unto you , that for all your power and worldly greatnesse ( with all your 〈…〉 ) that i fear you not , not a●● carefull to answer you in the matter in 〈…〉 us ; for the god whom ( with my soul and body ) i serve ( with uprightness of 〈◊〉 ) is able to deliver me , from the burning fiery fornace , ( your cruell close 〈◊〉 , banishment , dungeons , or death it self ) yea , an ● hewill deliver me out of your 〈◊〉 hands , o ( perfidious cruel ) tyrants . but if he will not , be it known unto you , o ( apostatised ) tyrants , that i will ●● serve 〈◊〉 ( stoop or submit unto you ) nor worship your i doll or golden image that you have set up ( your arbitrary power and unlimited greatnesse . ) but least god should give or permit you a larger power over me then he did the devil over job to murther me before i can write the second part hereof ; therefore i shal now give you the heads of my intentions , and so conclude . first , from the perplexitie of my spirit with the unjust dealings with capel , &c. i left westminster and retired home , resolved in solitarinesse there to abide , whered was grievously tormented with the cryes of poor people who came to me in multitudes for advice in their tedious suits of law , whose complaints without any hopes of remedy that i could give them , made my house a place of torment to me , which forced me to visit westminster againe , where ly , i heard the certainty of husons , whaleys and major bertons desperat height at their councel of wa● at wh●●●hall , at or neer upon the of feb. . to ingage that councel ( vi & ●●●nis ) to pro●ure by cromwels means a law at their pleasure to dispatch me and my honest friends the whalboneers ; which when i examined from friend to friend , and some it to be very true by the attestation of plurality of their own officers , my spirit was all on fire , ( and no lyon o● the army to me then so full of dread , but i durst inco●●●● with ) to consider with my self that all our liberties and large expectations must 〈◊〉 in this , that now our lives must be at the absolute wil and pleasure of a company of bloudy and inhumane butcherers of men , that had served seven yeers apprentiship to that bloudy and wicked trade of cutting of mens throats for money , and nothing else ; who never had kept faith or troth with any sorts of men they dealt with , and yet must now become our accusers , prosecuters , witnesses , parties , jury , judges , and executioners : at the very thoughts of which i was even con●ounded in my spirit , and which justly and throughly ingaged me in the chief managing of the first and second part of englands new chains discovered : the first of which i presented at the commons ba●●e , with a speech to it , the febr. . the second pa●t of which i , &c. had got divers thousands of hands to : the truth of 〈◊〉 ●●ne of which , ( ●or all it s declared treasonable ) i will seal with my heart blood ; and ●●dertake before a new representative ( to whom i hereby again appeal ) to prove every charge in it upon my life . i shall also give the reaso●● wherefore i have flown so high , as i have done , which is , because they have thought ●● just in them to ac●use the king , the supreme magistrate , of treason ; and yet 〈◊〉 thought and declared it treason in me , &c. to goe about the doing of any such thing to mr. oliver , that i will maintain it upon my life , more ( comparatis 〈◊〉 ) legally deserves it then ever the king did ; and yet though i , &c. 〈◊〉 in the very 〈◊〉 that they themselves ( i mean both parliament and army ) 〈◊〉 out unto ●●● : viz. by p●●ition , ( pa●e book declar. pag. , , , , . and armies book , declar. page , , , , , . yea , see page . and you shall there finde in the fifth article , they impeached mr. hollis , sir philip stapleton , and mr. cly●● for traytors , for obstructing and prejudging of publique petitions to the parliament ; and yet they adjudged and 〈◊〉 me , &c. for a traytor therefore , without so much as 〈◊〉 hearing me to speak for my self ; and then after they had condemned me , went about at the kings . bench-bar to try me for my life ; unto whom , if i stooped , i was sure to be gone , being already prejudged : again , i shall also acquaint you with the severall discourses mr. hollan●● , mr. hunt &c. had with me about these businesses , and the large proffers i had from them , yes , and from mr. alexander rigby as the mouth of sir henry mild may the 〈◊〉 agent , who had commission ( as he said ) to proffer ●●e and my comrades ●●ge places and preforments ; so we would sit still , and let the grandces goe on with their work : which i with detestation refused at the house doore , the very forenoon , i was adjudged a treytor , and thereupon the same day in the afternoon , the votes of treason past against me , &c. and my second part of englands new-chairs discovered . and seeing the businesse of scro●●'s men is wrongfully father'd upon me , who never will incite souldiers nor others to declare upon any thing else but our printed agreement of the . may . and that when they do draw their swords against their general , &c. they shall throw away their scabbards , and rather fight with him , then treat with him , without either resolving to give or take quarter ; yet i say , seeing this is put upon my sco●e , i hope i shall evidently make it appear ( comparatie compara●●● ) " that i am able to give in the handred to any champion the generall hath in england , and from scripture , law , reason , and their own declarations , to make their action appear more just 〈◊〉 the generals severall rebellions against the parliament , his creators , and extraordinary good benefactors ; or his rebellion and the parliaments against the king in the love warrs . and lastly , i shall shew the falseness and malignity of the late discoverers designe , of fathering upon me , &c. all the erronicus tenents of the poor diggers at george hill in su●rey , laid down in their late two avowed books , called , the true l●vellors standard , and the new law of righteousnesse , to which they have have annexed their names : the r●ad●r● taking notice of which alone , may be an answer to all that abominable lying late book , called , the discoverer . and so , mr. speaker , thanking you for some late kindnesses in your house , i received from you , i take leave to subscribe my self an honest and true ▪ bred , free englishman ; that neve●● in his life feared a tyrant , nor loved an oppressor . john lilburn . from my close , unjust , and causelesse captivity , without allowance , ( the legall right of all men in my case ) in the tower of london , this . of june . the first yeer of england's declared freedom , by the lying and false pretended conservators thereof , that never intended it . finis . notes, typically marginal, from the original text notes for div a -e * part. book dec. pag. , , , , , , , , , , , . * was this wicked and illegall in the king ? and can your denying my wife ( as in my present imprisonment you have don ) so much as to see me , or speak with me , or bring me food to preserve me alive , be legall , just , and righteous in you ? let god and all righteous men judge betwixt you and ●● in this particular . † as particularly that old guilty traytor sir henry vane , who was one of the principall men that passed that bloody murdering sentence in the star chamber against me , in the yeer : and whose power ( by his crafty machiavel sons interest , young sir henry ) kept me above eight yeers together in suit in the house of commons , that i could not get one dram of justice , or reparation against my star-chamber judges ; although the purfuing of that suit one way and other , cast me above a thousand pound : yet at lest , when i got a● ordinance for li. for reparation ( me from those that did me wrong , but from the common-wealth's sequestrations ) yet in the passing of that ordinance , steps up john blackston in the house , ( one of vane's creatures , for the many thousand pounds sake of the common-wealths money he hath helps him to ) and he gets all confideration of interest for the forbearance of the money , cut off ; so that it would be many yeers before the whole sum abhorted would come in : onely there was a thousand or fifteen hundred pounds worth of wood feld of sir henry gibs in brandsborth park which sir henry vane by his pounds , in the knights absence and mine both , gets an order to possesse , although he hath no right unto it : so that my l. will be well nigh this ten yeers before the annuall rent of the lands allotted will bring it in : which will scarce be use for the principall . of all which usage , when i come out of the north to the citie , ( immediately after the execution of the king ) ● comp●●ined to sir arthur hasterig , ( then my familiar friend ) and begg'd of him to deliver a message for me to lieut. gen. cromwel ; in which i acquinted him step by step , how old 〈◊〉 henry vane had without cause , for this twelve yeers together sought my bloud , and had got a good part of it ; and i knew that litus . gen. cromwel had ( by his son's similiarity with him ) been of late the staffe and stay of the old traytor : and therefore i desired him to tell him , i thought 〈◊〉 had been out-folling enough betwixt cromwel and me already , occasioned by himself ; but for my part , i desire to have no more jarring betwixt us , and therefore did earnestly intreat him to let old henry vane and me alone instand or sall●y our selves : for seeing he would never give over the pursuing of my lifes : i must be forced to have much to his ; for i told sir arthur , i was resolved either to impeach him or indict him for a traitor in betraying all the north of england to the earl of newcastle and sending his magazine of arms to him to newcastle from raby castle , assuring him moreover that if l. g. cromwel would yet protect him , for all his greatnesse ● would try another fall with him , cast i● what it would ; but as if it were the highest treason in the world for any 〈◊〉 in england , but he that is a parliament man , to say that blacks the eye of any man in that house , old sir henry and young sir henry vane are both endeavoured by king nol to be brought in againe to the house ( having been formerly excluded for three quarter cavaleers ) and to be 〈◊〉 members of the new councell of state , and king nol by his beagles at the counsel of war 〈…〉 vote to passe to desire him to get a saw made by the house to authorize that bloudy and 〈◊〉 councell to hang poor peal-garlick or any other that they should judge worthy of 〈◊〉 ; so that here was a fine morse-trap for old and young vane to catch poor john in , not obtained 〈◊〉 doubt of the greatest engagement in the world to be king nols slaves & vassals , to ingage with him , and drive on any interest be would have them , for his so seasonable help of them at this 〈◊〉 great time o● need , against furious iohn ( as they call him ) who in feb. last offered a 〈◊〉 of parliament ( where s. arthur then sate chairman ) upon his life upon the authority of that own ordinances to prove old sir henry & his son sir george vane both traytors , & to ●●y them to transport their souldiers for ireland ( out of their states & their trayterous confederates in the county of durham ) l . and earnestly begd of s. arthur & the committee to 〈◊〉 the house herewith ; but the next news i hear king olivers paws was laid upon poor iohn● 〈◊〉 he and his cozen prince arthur come to burn their fingers before they and john hath 〈…〉 oliver thanke himself , and leave trayterous old sir henry vane and his wicked sons to 〈…〉 their own legs without the help of his crutches the next time . a letter from divers of the gentry of the county of lincolne to his excellency the lord general monck. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from divers of the gentry of the county of lincolne to his excellency the lord general monck. albemarle, george monck, duke of, - . sheet ([ ] p.) printed for richard lowndes at the white lion in st. paul's church-yard, london : . [i.e. ] with a declaration desiring a free parliament. the letter is dated febr. ; both letter and declaration were presented to him on feb. [i.e. ]. annotation on thomason copy: "feb: ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . lincoln (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no a letter from divers of the gentry of the county of lincolne: to his excellency the lord general monck. albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from divers of the gentry of the country of lincolne : to his excellency the lord general monck . may it please your excellency , wee being strangers to your-person , and failing of the honour to see you in your march south-ward ; when wee might have communicated our thoughts and desires more freely unto you ; are now enforced to represent them in this inclosed declaration , craving your best ayd and assistance for the effecting of what is therein comprised , ( being our just birth-rights ) the defence whereof will be to gods glory , your excellencies great honour , and the peace and happiness of these distressed nations : which is the onely endevour and desire of lincolne febr. . your excellencies most humble servants . the declaration of the gentry , ministers and freeholders of the county and city of lincolne . wee the gentry , ministers , and freeholders of the county and city of lincolne ; being truly sensible of our miseries and grievances , namely , the sad consequents of an intestine war ; the fears of invations from abroad at this time of our distractions and divisions both in church and state ; the violent alterations of government ; the heavy impositions of unheard-of taxes : all which have of late years ruined one trade , and impoverished the whole nation ; and are all occasioned by reason of the many violations and breaches made upon our known established laws , and fundamental liberties : do therefore humbly propose and declare , ( having first met and consulted ) as other counties have done , that the onely remedy for our said grievances will be found in a free full parliament , speedily to be called and assembled ; to sit according to our said known established laws , wherein the votes of all free people of this nation may be included ; since that such onely can have a legal capacity to enact laws and statutes , that may equally bind all the free people of england : and therefore , if any persons ( how ever impowered ) not having the authority of such a parliament , shall take upon them to lay impositions upon the free people of this common-wealth ; or to prescribe , or enjoyn any limitations , restrictions , or qualifications whatsoever , ( not formerly agreed upon in full parliament ; ) wee do declare our selves not oblieged hereto , as being destructive to the true freedome and undoubted priviledges of parliament . [ this letter and the declaration therein inclosed , ( subscribed by thousands of hands ) were presented to his excellency the lord gen. monck , by sir michael armyn baronet , coll. edward rosseter , and john hatcher esq on thursday the th . of february , . ] london , printed for richard lowndes at the white lion in st. paul's church-yard . . a dialogue between a modern courtier and an honest english gentleman to which is added the author's dedication to both houses of parliament, to whom he appeals for justice / by samuel baston. baston, samuel. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a dialogue between a modern courtier and an honest english gentleman to which is added the author's dedication to both houses of parliament, to whom he appeals for justice / by samuel baston. baston, samuel. [ ], p. [s.n.], london printed: mdcxcvii [ ] imperfect: print show-through with loss of print. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- admiralty. -- commission for sick and wounded. misconduct in office -- england. great britain -- history -- william and mary, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a dialogue between a modern courtier , and an honest english gentleman . to which is added the author's dedication to both houses of parliament , to whom he appeals for justice . by samvel baston , gent. london : printed in the year mdcxcvii . to the lords spiritual and temporal , and commons in parliament assembled : against the opening the present session of parliament , i thought it my duty , ( considering the nation 's great distress ) to point out to your honours , who were the principal causers and continuers of its miseries ; which i did in the following dialogue ; containing , st . bare matter of fact already prov'd against the lords of the admiralty , commissioners of the navy , commissioners of the post-office , and commissioners of the sick and wounded seamen , &c. with the foul practices of the commissioners of the publick accounts , for concealing and justifying the said crimes . dly , natural consequences and arguments drawn from the said matter of fact , in reference to religion , law , policy and the true interest and safety of the king and kingdom . the book being out , it was seiz'd by messengers , divers reporting it was high treason , and mr. crosfeild , and a poor woman , were committed to the poultrey compter about it , by a justice of peace , at the bare instance of a messenger : the said justice of peace often professing he was sorry the matter came before him , for that by his own losses he could speak deeply to the truth and honesty of the book , but was afraid of being chid by some of the court , if he neglected to do what the messenger bid him , with divers other expressions of like nature ; which shews the great force of truth , that it will be confess'd , tho from the mouths of its very opposers . i was also inform'd , that the aforesaid messenger had given direction to the said justice of peace to commit me the first time he saw me ; for that there was a warrant out against me for high treason ( which trouble they need not have given the justice of peace , for they knew where to have found me themselves ) . but i being very infirm and weak of body , by reason of long sickness ( occasion'd by my ill usage ) was unwilling to be committed to newgate , in this smugling manner , to destroy my health ( which i knew was the design against me ) ; and the said justice of peace , thro' ignorance and timerousness , wou'd certainly have done it , ( had he seen me ) tho the book i had printed had been david's psalms . this report was on saturday , and the monday following i went to the secretaries office to surrender my self to this warrant of high treason : but , upon enquiry , found there was no warrant against me for high treason ; sir william trumball's secretary making a jest of it , told me , 't was only the messenger's mistake ( but i could not get him to examine the messenger about it ) ; and that what was against me in that office , was only upon suspicion of being the author of this dialogue ( so the high treason was fallen only to suspicion of a misdemeanour ) , and that i must submit to be confin'd in a messenger's custody , which was accordingly done . after some days i got a sight of the warrant for my commitment , which was not upon suspicion of my being the author of this dialogue ( as i was told at the office ) , but for publishing and dispersing a seditious and scandalous libel against his majesty and government ; without naming what libel , or mentioning its title in the warrant . the warrant also shews , that 't was drawn after i surrender'd my self ; for it begins thus , these are in his majesties name to require you to keep in safe custody , &c. whereas another warrant directed to a messenger , to apprehend any person , commands him to go and take a constable to his assistance , and seize or attach the body of such a one , and bring him and his papers before the secretary to be examined , &c. by which it appears what drudgery was design'd for this timerous justice of peace to commit me to newgate for high treason , to ruin my health without warrant , law , or sence . thus i continued a prisoner in a messenger's custody from the th october . to the th january following , being months and days , to the great endangering of my life by bad diet , and was then discharg'd , giving a recognizance of l. to appear the first day of the next term. so i , that have serv'd the king , and discover'd , and detected many of the utter enemies of his majesty and his people , am now cited to answer as a criminal , for pointing out the destroyers of the nation to the parliament . and those notorious criminals i write of in this dialogue , are brought to no tryal , but protected , as if there was no law to take cognizance of them . and further , the matters of fact related in this dialogue ( the post-office excepted ) are no more than what are contain'd in a petition and articles exhibited by mr. crosfeild and others , in the house of peers , about two years since , where it is now depending : the late commissioners of accounts , to whom it was referr'd to examine into it , and make their report , having hitherto by evasions , and false allegations , in behalf of the criminals , delay'd and stopt the laying open these grievances , and have to this day disappointed your honours of a true knowledge of them ; whereby the said grievances have been supported and increased ; for which the nation has severely suffer'd ; but has reason now to give thanks to god , that the said commission is so happily dissolv'd , which was so great a bulwork of iniquity ; and i hope it is a good omen , or presage of a general overthrow of fraud and wickedness . so now because the facts contain'd in this dialogue , are not yet examin'd in parliament , ( by means of the aforesaid commissioners of accounts ) the printing them again , to re-mind the parliament of the present miseries , that god may be honour'd by the punishment and suppression of wickedness , the king and kingdoms enemies remov'd , and the laws put in execution for the publick safety , for the future , is ( it seems ) become a seditious and scandalous libel , against his majesty and government . i ▪ m sure , this dialogue chiefly depends but upon three things . first , truth in the matter of fact related . secondly , the gospel in reference to gods judgments , for imorallity and tollerated wickedness . and thirdly , the laws of the land in reference to their being invaded , and perverted , and not put in execution : and if this dialogue will endure a tryal by these three touch-stones , and yet continue still to be a seditious and scandalous libel , &c. why , then , truth must be scandalous , and the scripture and statutes of england seditious libels , and he that writes for the safety and preservation of the king and kingdom , is an enemy to his majesty and government . this shews how exceedingly wickedness abounds , and what a cabal of men there are in power , ready to turn the king's authority against himself , and to subvert gospel , law , loyalty , justice , and all things tending to the honour of god , and benefit of the king and state. this dialogue is call'd a seditious libel : whereas it speaks for the execution of the law with as much force as words can express . now where the law is put in execution , there can be no sedition ; but where the laws and constitutions of a kingdom are invaded and perverted , by the arbitrary power of evil ministers , it is that which introduces sedition ; and as sedition is a dangerous distemper in a nation , so the impartial execution of the law is a sovereign and certain cure. and whereas it is call'd a scandalous libel , i answer , that if 't is true , 't is not scandalous , and every subject of england has an undoubted priviledg to complain of , and discover injuries done to the king , and also lay open the grievances of his people : and if all the subjects of england , tho in never so high a station , are subject to the law , and answerable for their actions ( which i hope is not in the least question'd ) , then this dialogue will not deserve these characters , nor the author deserve to be arraign'd as a criminal for writing it ( while the real criminals he writes of are protected ) : for certainly the pure and undefiled law of england does not provide any punishment for its advocates . 't was a noble saying of that glorious prince edw. . of famous memory ( when he hang'd his chief justice [ thorp ] of the kings bench , for taking a bribe of l. ) that he being intrusted as the king's deputy , to administer justice in that court , had , as much as in him lay , broken that solemn oath that his majesty made to his people at his coronation . if such strict scrutinies shou'd be made in these days , ( which no doubt god requires ) what a multitudewould there be found guilty of this chief justice's crime , who continue to practice it without any regard to their master's safety , honour or coronation-oath , or safety of their country ? nay , so far are they from thinking it a crime , that a learned lawyer not long since ( as i was inform'd ) brought it as a mighty objection to the bill against buying and selling offices , that the perquisites of his employment came to about l. per an . and pray'd a clause in the bill to secure it to him , which shews how strong a desire he had still to be able to expose the rights and liberties of the people to sale to the highest bidder : so religious a regard had that gentleman to his master's coronation-oath . nevertheless , such corrupt men as these , who so openly oppose justice , do generally pretend to have a great love for their sovereign , and how they 'll stand by him with their lives and fortunes , and what not , when alas , their love has no more reallity than the pretended love of a common harlot : for certainly , a corrupt and unfaithful servant , can no more love his master , than an adulterous wife can love her husband : it is not improbable , but this dialogue may by a tryal in the kings bench be made ( as 't is call'd ) a seditious and scandalous libel against his majesty and government ; and so the tables shall be turn'd , and i shall be try'd as a criminal , for laying open the nations grievances to the parliament , and the criminals acquited of the crimes they are accus'd of , without any tryal at all ; it cannot be suppos'd , that i shall have free liberty in the kings bench court , to bring such numbers of witnesses , as are necessary to prove the matters of fact contain'd in this dialogue ; for the court is ty'd to one single ishue , and therefore cannot enquire into the bottom of grievances in the state : besides , it is rarely seen that any man escapes the censure of the courts of westminster , who runs counter to the predominant party at white-hall , let his cause be ever so just ; instances enough may be given of it in the late reigns , when the courts of justice have ( under pretence of law ) been made perfect slaughter-houses to punish , imprison , fine , and take away the lives of divers noble patriots of their countrey , for doing that which we now call their duty , whose memories we commemorate , and the judgments against them have been revers'd in parliament . but certainly , it had been much more honourable ( if it cou'd have been done ) to have sav'd their lives , by putting a stop to their illegal tryals , than now to say , we are sorry for their deaths . therefore , i most humbly appeal to this most august assembly , who in these cases are ty'd to no single is●ue , but may throughly enquire and search into the nations grievances , ( which my designs has been only loyally and faithfully to lay open ) humbly conceiving , that if i produce witnesses to prove the matters of fact , contain'd in this dialogue ; that then it will not deserve the title , given it in the warrant for my commitment , viz. a seditious and scandalous libel , against his majesty and government . neither , shall i deserve to be arraign'd at the kings bench bar as a criminal , the next term , where i am bound to appear by recognizance of l. after above three months imprisonment , to the hazard of my life . and being thus ready and able to produce witnesses , to prove the said matters of fact , contain'd in this dialogue ( to the great advantage of the king and government ) whenever your honours shall please to command ; i humbly cast my self upon your honours justice and protection , that no such prosecution may be made against me , as is intended , till i be first heard , and have liberty to prove , that what i have written in this dialogue is truth , and for the king and kingdoms true interest , peace , and safety , and then i shall be willing to stand a tryal at the kings bench bar ; and submit to what law my adversaries can find , to punish me , for writing this dialogue . i am , with all dutiful respect , your lordships , and honours , most obedient servant , samvel baston . london , the th of march , ● . a dialogue between a modern courtier , and an honest english gentleman . courtier . dear sir , your humble servant , you are welcome to town ; pray how long have you been arrived . gentleman . sir , i came but last night , and thought my self oblig'd to pay my respects to you in the first place : i hope all your noble family is well . c. i thank you sir , they are very well ; but pray how does your good lady ? and how do matters go in the country ? g. why we are all reasonable well in health , but out of order every way else ; for the taxes are so high , money so scarce , trade so dead , &c. that i protest my estate is so cultivated , 't will hardly maintain my family . c. come , sir , you are my worthy friend , and therefore i would not have you find fault with any thing ; for , if you are willing , i doubt not , but you may soon have such an employment , that you will not feel the weight of the taxes ; nay , you may be a great gainer by the war ; and i would fain have you in the government . what say you , will you advance a small summ. g sir , i give you many thanks for your kind offers which at this time-a-day i can by no means accept ; and i am desirous to be plain with you in my reasons for refusal : but you being a privy-councellor , and member of parliament , &c. i know not whether 't will be convenient to use freedom of speech ; for , you may interpret some things i may say , as reflections on your self . c. sir , i assure you , what i offer is design'd for your interest ; but , if you don't approve on 't , you may use what freedom of speech you please ; for , though i am honour'd with those offices you mention , yet that shall not , in the least , be any barr to the freedom of our discourse , neither shall i take any thing ill , for i perceive you have a desire to talk about publick affairs . g. sir , i heartily thank you for the liberty you have given me ; and now i must tell you , that i am of opinion , there is such a caball of corrupt men in the government , that 't is impossible for an honest man to live and act amongst them , unless he will renounce his duty to god and his country ; for ( as one well observes ) good and bad men joyn'd in a government , are like the iron and clay in the toes of nebuchadnezar's image , they may cleave , but they will never incorporate . c. why truly , what you alledge ▪ is a good reason for not taking an employment , provided there be any just grounds for your opinion about the corruption in the government . — i confess there is , and has been a great noise and clamour about corruption and mismanagement and i have always endeavoured , as narrowly as i could to search out the truth of matters , but cou●d never yet find any thing so material , as to be worthy the cogninance of either king or parliament . however , great clamours have been made by some private-men , who ( i suppose ) were male ▪ contents , they have promis'd vast discoveries of treachery and fraud , but when it has come to examination , i never found that the accusers could make out their allegations , but mountains dwindled away into mole-hills , and , as i said before , nothing appear'd that was thought worthy of cognizance . g. i find , by your discourse , you endeavour not only to evade , but cover those gross and monstrous evils that have been the causes of the length of the war , and of our present distress : sir , i know not what kind of miscarriages you think are worthy of cognisance , but , i fear , upon examination , 't will be found , that the crimes already prov'd in the faces of our rulers , will amount to the degree of robbery and mvrder ; and , which makes them more hainous , they have not been done in a hostile manner , in open defiance of the law , as the high-way-man takes away your money on the road , but with the audacious face of authority , under the sacrilegious mask of law , justice and state-pollicy : the authors and upholders of these mischiefs in the mean time blowing the trumpet of fame in each others praise , as long-headed councellors , &c so that i do not wonder these matters should be rejected , and not thought worthy of cognizance , when i consider that infallible maxim , that the inferiours cannot be knaves , and be protected by the superintendants , unless those superintendants be as bad . and thus it appears almost impossible any fault could be punished , but that all criminals must be protected , and their crimes hid from the king , when corrupt men sat judges of each others actions — therefore 't was not likely they wou'd hurt one another ; for the very scripture tells you , that satan cannot cast out satan , if he should his kingdom would fall . c. sir , you have charg'd the court with a 〈◊〉 yet 't is but a general and bare assertion ; and let me tell you ( being something concern'd ) there 's a great difference between asserting and proving , and therefore i 'd fain have you ( if you can ) branch out your general charge into some particular instances , as for what may seem to reflect upon me , as i told you before , please to use your freedome , for i shall not resent any thing that shall happen in discourse at this time . g. why then , sir , for your satisfaction , i shall give you some instances , that have accidentally fallen under my observation , which i fear , in reference to the mighty mass of corruption in the government , will be found only as a small pattern or sample of a vast quantity of goods , that the whole parcel is of the same sort , otherwise there cou'd never be such an agreeable sweet harmony among all the offices , in crying up the parts , and hiding the crimes of each other from king and people : but having more than one office to speak of , i think i shall begin first with that of the navy . the commissioners of that office have been accus'd of making most horrible wast of the publick treasure , by a long practice of fraudulent contracts for naval-stores , and driving trades in embezelling all sorts of stores , as well as foul and shameful extravagance in building and repairing the king's ships : these things have been fully prov'd against them before the lords of the admiralty , and before the lords of the council , and afterwards openly set forth in print to both houses of parliament , and yet the delinquents are still continu'd in their employments . so that by this open villany , the necessary charge of the navy is more than doubled , and the king shamefully betray'd and cheated , and his subjects made beggars by heavy taxes . but there is one thing more that is a most dangerous and cursed evil , and that is the usage of the poor saylors , whose number is about forty thousand employed in the service of their king and countrey : their deplorable case has been often at large set forth in print , and made known to the parliament , council , admiralty , &c. and to relate all their grievances , and the cursed arts us'd to ruin and destroy them and their families would be endless : therefore to avoid being tedious , i shall only give you a short account of their miseries , as i find it inserted in a book , entituled , justice perverted , &c. printed and published last year by mr. crosfeild , and dedicated to both houses of parliament . the book contains besides this a great mass of flat down-right knavery ; and the commissioners of the navy , and others , are named therein to the particular facts : but i find , it has all been pass'd over and stifled . however , i shall relate it as follows , in his own words , having , by good luck , the book in my pocket to assist me . the poor saylors ( says he ) that venture their lives and limbs to serve their king and country , and who are one of the greatest bulworks of the kingdom , have been all along most inhumanely and barbarously treated ; and they and their families reduc'd to a miserable and deplorable state , particularly by the wicked practices of putting qvery's and rvns upon their pay , for amongst those great numbers that are set on shoar sick ; those that dye and others that continue sick above thirty days , and those sent to the london hospitals who are thereby disabled to return to their ships , are for the most part made run . others whose ships are sayl'd before recovery having gone aboard other ships , are prick'd run in that ship from which they were sent : and if a seaman is turned over from ship to ship , and by that means has serv'd on board four or five ships in the navy , yet if he happens to be prick'd run in the last ship he served in , he shall of consequence be prick'd run in all the preceding ships . by this means a query or run takes away a mans pay worse than an execution , and by the present practice 〈◊〉 seaman ▪ or 〈◊〉 ●oor family is at any certainty of having the benefit of the kings pay , for it is in the power of the captain , captain 's clerk , purser , clerk of the checque , muster-master , or clerks in the navy-office , wherever they please to put a run or query upon any seamans pay without inserting the reason for so doing , or the name of the person that put it , so that for these black pieces of robbery , no one is lyable to be call'd to account , but the poor saylor is kept wholly in the dark , and he or his wife may wait at the navy-office month after month with petitions to no purpose , till he has spent all his substance , and if he begins to talk of his being thus cheated and robb'd , he is threatned to be try'd for his life as a mutineer : so that the barbarity the poor saylors do and have suffer'd this war is unexpressible , for the blood of thousands of familys are pour'd out as sacrifices to the covetousness of those whose duty and place it is to be their guardians and protectors . by all which it 's plain , that whatever good-laws may be made for the increase and incouragement of seamen , will prove ineffectual , so long as these practices continue . these grievances have been at large set forth in print by one mr. hodges , and a scheme of their true cause laid bare-fac'd before the admiralty by mr. trevor in a letter , and a remedy for them proposed in writing , to the admiralty by mr. gibson , by order of a committee of council ; and why there 's nothing done but this fraud and robbery still practic'd and supported , is , what no reason can be given for , since neither mr. hodges's , mr. trevors , nor mr. gibsons papers beforemention'd ; have ever been exploded . the lords of the treasury were so fully convinc'd of these cheats , that their lordships did by warrant under their hands in december last , appoint mr. gibson to receive all informations of abuses in payment of seamens tickets ; which doubtless , would have put a stop to these wicked practices , notwithstanding which , the said mr. gibson has never been suffer'd to act , and so their lordships good intentions have been wholly defeated : but why their lordships have not been able to put their own orders in execution , is another strange thing to me . this is the account he gives ; and 't is certainly very amazing to consider that the government should be so wretchedly corrupt , as to pass over crimes of such fatal consequence . but you may see that by this cheating and robbing there are vast summs of mony gotten for some body , and certainly the actors in it cannot have the whole profit to themselves , but it must be distributed elsewhere , to persons of higher rank ; because their interest is so great , that even after conviction , they have power enough to chain up law and justice from doing their proper offices . and now sir , what think you , are these crimes worthy of cognizance or not ? but i have many more to add c. why then , pray sir proceed , for this is something more than i knew before ; i confess , one of crosfeilds books was given me at the house of commons , it lies somewhere about the house , but i had never time to read it over . g. indeed i thought as much , for it appears all things of that kind have hitherto been shamefully thrown aside as wast paper , as if the persons to whom they were dedicated did not desire to be informed : but i shall go on and give you some account of the commissioners of the admiralty . their lordships have been accus'd of concealing and advocating the crimes of the navy-board , and discouraging and ruining such of the kings faithful officers and subjects , that laid them open ▪ this has been prov'd against them before the council , but all things lie dormant and unregarded : so that here is three degrees of such fatal corruption , from the navy to the adm●raity and from them to the council , that alone is sufficient to shake the very foundation of the government . it were endless , to tell you the rest of the admiralties crimes , who thro' corruption and ignorance , have not been able with about two hundred sail of ships to guard our navigation ; whereby trade has been destroy'd , and our merchants undergone infinite losses , which our enemies have had the benefit of ; and then further , the admiralty have all along plac'd commanders in the fleet without any regard to merit . so that this war we have lost above a hundred ships , the greatest part of which have been fool'd away , by the ignorance of the commanders ; and some by cowardice without fighting , besides the horrid miscarriages in expeditions against the enemy , as the shameful expedition to brest , &c. which serves only to dispirit the people , and increase their taxes . certainly a man would think , that these gentlemen have a design totally to destroy the navigation of england , for tho the crimes of the sea commanders are so hanious and numerous ; yet has not one of their sea journals been examin'd all this war , to see how they have perform'd their duty , tho there is no other way to judge of their fidelity and ability in their stations but by traceing their journals ; and thus ignorance and negligence , as well as horrible profaneness and debauchery has generally over-spread the sea , as well as the land. but what should i speak any more of this admiralty , for every one knows their wickedness and ignorance , yet i have often wonder'd there has not been more complaints against them , from the east ▪ india and guinea company and others , who are almost ruin'd with losses : certainly our merchants are like the fools spoken of by aesop , that none would meddle to remove the stone from the mouth of the bath , tho every man stumbled , and broke his shins over it at going in , till at last a wise man came and roll d it away ; god grant we may have some vvise men by the next parliament , that will stand up for the publick good , or else in short we must prepare for foul vveather . c. but sir , what needs all this complaint , why most of these sores are heal'd , for here 's a council of trade now setled , by which the merchants grievances , and several other things will be rectify'd g. i confess , the council of trade was excellently propos'd at first to the parliament ; but the interest of the court quickly beat out it's brains , and from this establishment i doubt little good will arise , my reasons for it are these . first , they do not understand trade , 't is forreign to them , and out of their sphere . secondly , i cannot but observe , that the major part of these persons are the same that sit in council ; and from time to time have heard the crimes of the admiralty and navy ▪ and wanted no power to redress those grievances there : so that the regulation is no more than removing these gentlemen from one room to another , as the barons of the exchequer pass from the law to the chancery side , now certainly if i am a corrupt or ignorant man in the parlour , i am the same in the dineing room . put sir , there you flatly arraign the very wisdom of the government . g. yes , certainly and their honesty too ( if by the government you mean the court or else what d' think i have been talking of all this while or how is it possible i could speak at all of any publick grievances , unless i arraign'd both , without you would have me say we are all ruin'd ; and at the same time affirm , that no body did it : but i must beg your patience a little further , because you did as it were , challenge me to give you some instances of corruption . c. sir , then you may proceed if you please ; i am sorry to hear so much , tho i think none of it do's actually relate to me , for i 'm sure , i always did what i cou'd . g. why , then in the next place , i shall give you some account of the commissioners , for taking care of sick and wounded seamen , and exchanging prisoners of war , and these you will also find to be a wretched pack : for one of their clerks who laid down his employment , has prov'd notorious crimes against them . ; as holding a pernitious and unlawful correspondence with the french all this war , so that there has been an open and quick passage to give intelligence to the enemy of all our affairs and designs , and to betray the kings councils from time to time , also he has prov'd that they have cheated the king in their accounts ; and cheated the poor sick and wounded seamen in plymouth hospital out of their provisions , and that they have all along cheated the poor french prisoners under their care , out of part of their allowance , and treated them in a very barbarous manner . for it seems their whole allowance was but four pence each man a day , and they deducted three farthings out of that four pence : it was also prov'd that the french intendant general marine , writ diverse doleful letters of complaint to these commissioners , telling them how barbarously and inhumanely the poor french prisoners were us'd , whereby many of them perished ; and that he had orders from the french king to use our english prisoners in like manner if it was not rectify'd ; but no regulation being made , but the evil rather increasing ▪ was the true cause that the french have all along us'd our poor english captives in such a dreadful and barbarous manner : for by reason of their miserable short allowance and lying diverse months in filthy and loathsome prisons , and others by being driven like gally slaves several hundred miles naked through the country , i say from these causes many hundreds of them have perished , and many familys have thereby been brought to utter ruin : nay these men have committed murther on both sides of the water ; for , besides the english , they have basely and cruelly destroy'd many of the poor french prisoners , which doubtless is no less murther in the sight of god notwithstanding the war. these and diverse other crimes were examin'd and prov'd before the admiralty by the kings special order above two years since , and a report thereof was made to his majesty and carry'd by the admiralty to the cabinet-council , but the matter was so manag'd , that the report was stifled and not read to the king : so that the commissioners , upon their petition , were granted a re-hearing before the council in publick , where these matters were fully prov'd over again ; but the business was delay'd from time to time , till the king was gone for flanders , so that the report of the council was also kept from his majesty , and how that report was afterwards curry'd in his majestys absence i know not , but this i know , the commissions are still in their places with power to pursue their villainy ▪ so that what i told you just now appears again to be true . that satan cannot cast out satan . there may many things more be said of these mens horrid wickedness , as their destroying the poor sick and wounded seamen with bad medicines for the lucre of gain , which with many other crimes were fully prov'd against them before the comissioners for stateing the publick accounts , where some witnesses they brought appear'd most willfully and notoriously perjur'd , and escap'd punishment . but for a more plain and particular information herein , i shall refer you to a book printed and publish'd last year , by the person that brought the complaint against these men , and dedicated to the house of peers , it is entituled bastons case ( for so was the clerks name ) or a brief account of the evil practices of the present commissioners for sick and wounded , as they were prov d. st ▪ before the lords of the admiralty . ly . before the lords of the council , and ly . before the commissioners for stateing the publick ●counts . for there is contain d the admiraltys and councills report , and there the crimes of these commissioners for sick and wounded lye barefac'd to the world. and now certainly it would stir up a mans zeal for the publick good , if he did but consider in what jeopardy and peril the poor saylor serves his king and country ; for besides the hazard of his life in open fight ) if he continues in the kings service without being sick or wounded or taken by the enemy , why then he 's lyable to be query'd , or run'd out of his pay , or oblig'd for necessity to sell his ticket for half loss ( or more ) to some of those cursed monsters , call'd ticket-buyers , who ( as it has appear'd too plain ) are but deputy's or journy-men to the navy-board . if he is set on shoar sick and fresh dyet and broath will not cure him , why then he runs a great hazard of being poyson'd with his physick , but if he recovers 't is ten to one but he 's prick'd run ; and if he 's taken by the enemy 't is a great chance if ever he returns to his native country . certainly it must ere long be counted hard measure , that for such petty retail robbery and murther , as taking away a small matter upon the road , or for killing another in a duel for an injury receiv'd that a man shou'd be hang'd like a dog ; when such wholesale murtherers and robbers as these are protected and flourish in their villainy , though their actions tend to the utter subversion and overthrow of a state : but this is an age full of wonders ; for from the court proceeds abundance of praying and preaching and fasting , but hardly a grain of integrity , honesty , justice or humanity , as if these were accounted needless ingredients in religion . but i am unwilling to try your patience any further with these unpleasing relations , otherwise i could add several other things and particularly of the commissioners of the post office , how they have been lately prov'd horribly corrupt and unfaithful before the lords justices ; likewise more might be said of other offices , and also of the great corruption in the army and abuse of the poor soldiers , by the agents and others , which was also plainly prov'd ; but i think this is enough at present to shew you what a condition the nation is in : for any one may judge by these what the other offices are , they being all streams that proceed from the same fountain ( i mean the court ) and must consequently afford the same bitter water . and now i hope you are throughly convinc'd that the complaints of grievances have not been meer clamour , as you were pleased to say in the beginning of our discourse . c. i confess sir these things do look with an ill face : yet 't is the greatest riddle in the world to me , how such miscarryages as these cou'd be carry`d on , when we have had for some years past a commission establish`d by act of parliament to take , state and examine the publick accounts of the kingdom , and they have power by the act to administer oaths and to call all persons to an account that have the receipts or issues of the publick revenue and that commission consists only of members of the house of commons , who are utterly unqualifyd for any employments at court ▪ and consequently unbyas`d men ; and therefore i wonder how these things can be . g. why i confess , this is a mystery of iniquity that has darken'd the understandings of some , however 't is a matter easily unriddled , for 't will be found that these are also a pack of gentlemen , nothing inferiour to the worst of those already spoken of ; for as the court have hid the grievances of the people from the king , so these have kept them from the parliament , and have us'd such arbitrary arts , tricks , and devices to acquit and justifie the worst of villains that have come before them , and to blacken the reputations of honest men , that certainly the like has not been known , for an instance of which i refer you to the printed book i spoke of just now ▪ about the crimes of the commissioners for sick and wounded , entituled bastons case , &c. there you will see in what an arbitrary manner they heard that business , and endeavoured by all the shameful ways imaginable , to acquit those commissioners of crimes they had been prov'd guilty of twice before , viz. at the admiratly and council . they allow'd criminals to swear in their own behalf contrary to law , and when baston made them appear notoriously perjur'd , they barbarously encourag'd one of them to swear on , ( whose name was nicholas sharrack ) which he did , and was perjur'd again , and again , as plain as the sun , and as black as hell ; and then they discharg'd him any further attendance , with as much commendation and applause as if he had sworn right , but i refer you to the book for that and much more , for by this illegal and ungodly method of swearing criminals in their own behalf ; with diverse other new invented arbitrary ways in hearing the peoples grievances , these gentlemen can at pleasure make the devil white . however , it seems this business of the commissioners for sick and wounded was so plain being twice before both prov'd and reported ) that they were not able to wipe off their guilt and infamy : but this they were able to do for them , to bury it in their office and keep it from the knowledge of the house of commons , which they have accordingly done : and when it was afterwards brought into the house of lords to be heard , they prevented it there also by a trick , and got it out of the house , for they acquainted their lordships that the matter was then depending before their board ; and pray'd it might be recommitted to them to finish the same , and make their report , which the house accordingly did ; but the report is not made to this day , neither will be i suppose till the day of judgment : and as to what they told the house of lords , that the matter was then depending before them , 't was a great falsity , and design'd only as an excuse to disappoint the hearing of the matter in parliament . much more might be said of these men concerning the navy and army , how they have brow-beat and discourag'd witnesses , and incourag'd knaves and villains , stifled , complaints , &c. so that these men instead of being a checque to corruption ; have been the props and pillars to support it , as true servants and vassals to the court. certainly such a commission might have been of exceeding use to the publick , had it consisted of true englishmen , and been wisely and honestly manag'd ; for 't wou'd have been a place to punish and reform knavery and villany , and rogues and cheats , with tears in their eyes , might have call'd it the terrible office of inquisition , but now , on the contrary , they may rejoyce , and truly say , 't is an office of absolution ; for they have examin'd no accounts , nor sav`d the nation a penny of mony this war , but knaves , knavery and taxes have constantly increas`d ; all that they do , as i know of , is , they receive the accounts of the receipts and issues of the kings revenue from all offices and persons , and them they take the pains to transcribe in books and methods of their own , so as to be able to answer any question of the house of commons , relating to the receipts of the revenue or charge of the war , but to detect frauds , is so small a part of their work that they hardly regard it . sure , in this mighty mass of corruption the parties concern`d , could not have subsisted without the help of this office ; for it is a receptacle for all their knavish accounts , where being new-moulded ( without alteration ) they receive a vizard of honesty ; in short , this office , as t is manag`d , has been a great blind to the nation , and may ( for its abominable foulness ) be fitly compar`d to a capital common-shoar , into which abundance of other common-shoars and little petty sinks do empty themselves . c. but sir , i tell you again , they are men utterly unqualify`d for any employments at court , to what end therefore can this corruptien be among them ? really 't is still a riddle to me . g. why sir , to the same end that all other corruption is , namely to get mony and i must tell you they are in a most excellent way for 〈◊〉 because they have it in their power to crush or protect such a great number of knaves of all sorts and sizes : and i hope sir , you don't question ▪ but that they have pockets and coffers enough to put their mony in , as well as the courtiers . therefore pray where the riddle on 't , for my part , i see none at all ; for it plainly appears , these gentlemen have been so far from obstructing , that they have afforded great help , and performed their part towards the destruction of their country , as well as the rest . c. well , admit all you say is true , and that there is such a general corruption as you speak of ; how can you help it at present , pray would ▪ you have the king at this juncture immediately go to turning out ▪ and punishing such a great number of men ? certainly , 〈◊〉 make such disorder and confusion , as would soon 〈◊〉 up the very foundation of the government , and than would be a remedy with a witness . g. why then , i find you have changed your opinion , and own at last that the nation is sick , but now to save the court , you would have the distemper so far gone , that there is not strength left to undergo a course of physick , without imminent hazard of life : i confess the court of all sorts of physick , ever hated purges . they will take gold cordials , and they are great admirers of quieting pills , but purging they mortally hate , and will have it to be a vile and dangerous way of practice but , to speak in your own words — admit what you say is true , that the government is brought to this degree of feebleness , pray how highly then is the king and nation oblig'd to these ▪ long-headed states-men and covncellors ( whose parts and honesty , for some years past , it has been almost treason to question ) or what satisfaction can they render to his majesty , and the people of england , for bringing upon them this incurable disease ? but now , sir , pardon me , if i differ a little from you in opinion : i do not believe the government is so weak , but that a fit remedy might be apply'd for all these evils , and that is , to turn out in the first place some of those that have been most obnexious to the people , and put in their rooms men of publick spirits , fearing god , and hating covetousness , and they will have courage sufficient to ballance the rest of the wicked party , till the law is let loose to do its proper office upon them that are turn'd out , whose punishment will strike others with great terror , and make them fearful how they offend : but if they escape , 't will be a most pernicious example to encourage and excite all men to become as corrupt 〈◊〉 they ; 't will also be highly displeasing to god , and 't will greatly incense the people ; and indeed none has any rightful power to pardon them , because their crimes have been universal , and committed not only against the king , but against the whole body of the people of england . in this manner the court may be soon gradually purg'd , and then the inferiours will of consequence be purg'd also . the scripture says , resist the devil , and he will flee from you : and no doubt the same rule holds for those that have acted like his children ; therefore why shou'd we fear to execute justice upon them ? alas , they are but poor feeble creatures , not worth mentioning , in comparison of the force of the law : 't is true , they have power to do great mischief in their stations , as we have found to our cost , but when the law lays hold on them , their power ceases like the power of a witch , when she● seiz'd by a constable : certainly he that knows their actions , and contributes to save them from the just censure and sentence of the law , makes himself an approver , before god , of all the ruin and destruction they have brought upon this nation , and of all the innocent families they have destroy'd and blood they have spilt ▪ therefore , unless the law is put in execution , there can be but a half fac'd regulation , or a palliative cure , that will soon relapse , and become incurable . for , let none absurdly and foolishly dream , that god will-suffer us to prosper in the midst of those oppressions , frauds , and most hainous immorallities , that we are ▪ bound in duty , and able by authority to punish and hinder . 't is a false and villanous saying , to whisper in the ears of princes , that vvholesome laws have any antipathy to true policy : the law , when 't is upheld , is the princes best friend , it cannot dissemble , but always faithfully stands by him , ready to oppose his enemies : it gives him his right , and his subjects theirs , and so makes a powerfull prince , and a vertuous vvealthy and peaceable government . but 't is natural for corrupt men to hate good laws , and that makes it and the nation have so many enemies at court. and now , after all , when these long-headed men have brought the nation to this pitch of ruin , for them cunningly to insinuate , that 't will be dangerous to call them to an actount for their crimes , and administer help to our selves , pursuant to the laws of god and the nation ; is an unparallel'd audacious absurdity : but i confess , we can expect no better advice from that party , because the king , and kingdoms safety , seems opposite to theirs ; for hitherto they have pernitiously and pittifully made themselves the center of all their actions . c. sir , i believe things are bad enough ; but , methinks you 'r too furious for a regulation ; really 't will put things into great disorder : therefore i am of opinion 't is better to see the success of one year more . g. as for staying a year longer 't will be highly dangerous ; why should god be provok'd , and the nation oppress'd a year longer ? perhaps a year hence we shall not have ability to help our selves . 't is said in the law of moses , thou shalt not delay justice , as if the legislator had said , thou shalt not put it off to a further time . the poor mans cause shall not be delay'd an hour . god knows by willful and needless delays multitudes of private persons are barbarously robb'd of their right and utterly ruin'd by the horrid , delaytory , expensive unrighteous practice in our courts of law and equity ; therefore let that suffice , and let not the , whole body of the people have a general ruin , by a delay in the state ; certainly 't will be very dangerous to delay the cause of this drooping nation any longer . a learned states-man speaking of foreruners of troubles , says , that when any of the four pillars of government are shaken or weaken'd ( which are religion , justice , council , and treasure ) men had need pray for fair weather : now certainly with us not only some , but all these pillars are shaking and ready to fall ; as for religion we have none , though we have much preaching , praying , &c. for had we any real religion , we should have justice and morallity . justice it plainly appears has almost quite left us . and as for council or pollicy , i confess we have abundance of that , but it is of a vvretched stamp , being such as is opposite to divine and humane law. and for our money on treasure , we may reckon that gone also ; for though there may still be a great stock in the nation , yet the people may starve , because by a long devouring corruption it 's almost all gather'd into the hands of a few court-huxters , that neither do nor will use it . 't is no hard conjecture to say that a general poverty , oppression , breaking of laws , and advancement of vnworthy persons to great offices , are common motives to , and forerunners of seditions and troubles ; and the ▪ certain way to prevent these evils , is to take away the cause and matter of them , which the administration of justice , and suppressing of vice and wickedness will effectually do ; for god will surely give success to all such remedies , if they be sincerely and faithfully apply'd , and all contrary policy , in this case , must certainly prove very foolish , if not fatal . how ridiculous is it to delay this matter , and to think that these persons now upon the stage , can ever make this a flourishing nation , when they have neither parts nor moral vertues equal to other men● 't is true , they are gifted with a little cunning , which a learned statesman ( truly ) says , is only a crooked sort of wisdom . besides , it does appear by above seven years experience , that the very talent of these gentlemen lies not to enrich or increase , but to impoverish , and bring a flourishing state to ruin and decay , and to trample upon law and justice ▪ and all good men , and ( as one excellently observes ) to make magistracy , which was intended for the benefit of mankind , prove a plague and destruction to it . but the honour of god , and the good of their prince and country is the least of their care. they level their councils and polliticks to their own advantage , and slyly study rather be throughly acquainted with their master's temper , than to be skilful in his business . i pray god that all the enemies of our king and nations happiness may be plentifully stock'd with statesmen of such parts and honesty , and be so ▪ effectually blinded as not to perceive them . certainly at this time a day , when poverty , and consequently discontentment is so universal , 't is highly dangerous to make any delay in justice ; for , of this you may rest assur'd , that as many as are ruin'd , or impoverish'd in their substance , by injustice , or male-administration , so many votes there is for trovbles . c. why really i know not well what to say to 't ; i wish all things were done for the best : but yet methinks 't is strange to observe , that all these complaints have been brought upon the stage , by a few inconsiderable men , such as had generally bad characters , and were reported to be veey ill men in themselves , and that they did these things with ill designs , and i believe that was one reason why they were no more taken notice of , as likewise because none of any great figure appear'd with them . g. why that 's no wonder at all : for it may be observ'd , that the generality of the world is so foolish , that they regard more the outward manner of things , than the inward matter of them . it is so in religion it self ( to our eternal shame be it spoken ) as appears by the vast troops of pious hypocrites , overseers , pastors , and members of all churches , who take great pains by abundance of praying and preaching , and fasting , to make an outward gaudy shew of godliness , but use no hearty , nor sincere endeavours really to suppress vice and wickedness : as if religion was a noun substantive , that cou'd stand by it self , without requiring morallity to be joyn'd with it . as for the ill characters these persons generally have , that 's no wonder neither ; for , 't is one great master-piece of this corrupt party's policy , in their fencing with law and justice , to serve all those that complain of grievances , as the persecuting pagans did the primitive christians , who put them into lyons and bears skins , that the dogs might seize on them , and bait them to death ; so these monsters , after they have perverted , delay'd , deny'd , or otherways baffled justice , give an honest man a cursed character , and in that masquerade turn him loose to the mercy of a mistaken multitnde : but certainly 't is a high degree of presumption , as well as deceiving and wronging the publick , thus falsely to brand those ( that stand up for the interest of their country , to preserve their laws and liberties ) with such base characters , as persons disaffected to the king and government , as tho' by such complaints they only design'd to stir up the minds of the people to sedition and rebellion ; when , in truth , 't is themselves that only bid fair for rebellion , by their corrupt and vvicked practices : for he that endeavours to inform king and people of such dangerous distempers in the state , certainly does nothing but his duty , and therefore cannot deserve such an odious character , for endeavouring to preserve , support and defend the king , government and laws he lives under . but he , that by his horrible male-administration , and oppression , endeavours to overthrow all , let him be in ever so great a place to pass his crafty censures on others , does certainly himself deserve the name and punishment of a rebel and traytor . c. but , pray sir , answer me one thing , how can the government be so corrupt , as you say , and so regardless of justice , when there has been divers great men turn'd out this reign for mismanagement ? these must be acts of justice , unless you 'l say , they were all turn'd out only for their honesty . g. not i indeed sir , if i should say so , i should wrong my conscience , but i believe i can unfold the mistery , which generally i take to be only this ; all men know the court is divided into factions , which sometimes have a difference , either about their profit or preferment or something of like nature , when the quarrel is broach'd one must overcome and perhaps the others fall into disgarce ; but they are not turn'd out for any of their crimes , or through any principle of justice in their adversarys , but only through a private peake and quarrel , wherein vertue , honesty , and the publick good has no concern ; for you may observe in the course of this war that though there has been great crimes alleag'd against some of those that were turn'd out : yet after they were dismiss'd their adversarys made no prosecution against them , not for want of malice or proof , but as if both partys were alike concern'd and so equally afraid of the law. just as two harlots ( pardon the comparison ) that live together , and falling out about their profit , the strongest turns the weakest out of doors ; why this is no argument that she 's vertuous that remains in the house : for both of them were harlots before they met , harlots while they liv'd together , and harlots after they parted ; neither does the prevailing harlot follow the other with warrants to send her to the house of correction , because 't will also bring her self into jeopardy : for the same law will whip them both . c. sir , i could wish with all my heart that things were better , yet sure they cannot be so very bad as you say , because there are in office persons of different opinions , part church-men and part dissenters , and no doubt it has been wisdome so to do : for they wou'd be forward , and glad of an opportunity to tell each others faults , to weaken the contrary party , and strengthen their own ; so that there 's cause to believe they have hitherto been a perfect checque upon each others actions , and therefore it do's not stand to reason there can be such a united cabal as you speak off . g. why sir , this is only another court riddle much like the former , which has also confounded the judgments of the people ; yet if a man will but consult reason 't is easily unfolded . i believe there is at court the church-party and the dissenting-party ( as they call themselves ) and i confess the argument that you bring from it seems something plausible , though i can by no means allow it to be true . the philosophers say , that one experiment will knock a hundred arguments in the head : then certainly your argument cannot stand , for we have seen by long and woful experience that these partys have had no differences in the state for promoting the honour of god , the good of their prince and country , and suppressing vice and wickedness ; for these indeed wou'd have been glorious quarrels , but all their differences have been independant of this only to promote private interest . what though they seem to be at variance one with another , it has hitherto been found , if any man offers to do his duty , and stand up for the publick good , he finds no difference in them , but they are all his mortal enemys : church and dissenters all alike , all stand firm for the profitable cause of corruption , to betray their king , and ruin their country ; this i say we have found by experience , and therefore all the arguments in the vvorld will never refute it . vvhat though they pretend to diverse opinions in religion , vvhat then ? do not harlots do the same ? yes certainly , there are church of england harlots , dissenting harlots , roman catholick harlots , &c. though these pretend to different religions , yet they are all of one trade , and no doubt wou'd unanimously agree in the main that all justices of peace , constables , houses of correction , &c. should be suppress'd , because by them their trade is obstructed : so in like manner these men notwithstanding any petty differences , stand together in a body against law and justice , because it tends to mortify their ambition and lusts , and to hinder their profit . but sir , i am afraid after all that you and i are mistaken , and that the court do's not consist so much of a real church of england and dissenting-party as of a predominant atheistical party , for so indeed they appear to be by their actions , and it also agrees with our saviours rule , that the tree is known by its fruit ; for 't is certainly very foolish , and contradictory to say , that a corrupt and wicked man has any real religion , let him pretend to what he will ; so that these that divide themselves into two divisions , under the masquerade of church and dissenters , do plainly appear to be but one and the same party , whose moralls and practice is such that they can truly be of no religion or church , unless they be of the synagogue of satan . c. why sir , i know not what to say to it , you have such an odd way of arguing ; yet methinks 't is strange the nations grievances shou'd arrive to so great a pitch ( as you say they are at ) with so little opposition ; why 't is in effect charging the whole body of the people to be a company of sleepy , senceless , sotts and fools , that haveing laws and priviledges , they did not make more powerful and formidable complaints to the parliament : therefore i must still tell you 't is very unintelligible to me to believe that matters can be so bad as you say , and the people so quiet , who so bravely like englishmen stood up for their laws and priviledges in the late reign . g. certainly sir , the peoples patience ought not to be us'd as an argument to continue their grievances , i 'm sure that is an odd way of arguing : however i wave it , and for your satisfaction shall give you some reasons why they have hitherto been so quiet under their burdens . the revolution ( you know ) was wrought by the general consent of the people who for many years past have had great and just apprehensions , and fears , of popery and slavery : the war was also engag'd in by our general approbation , so that having a king after our own heart , so generally belov'd , a known protestant , and engag'd in a war that we so long wish'd for , every man then slept secure , thinking all things were safe , because the head was sound ; and the court likewise , and all the vast troops of their dependants cry'd up the same thing ( as indeed they had good reason ) for matter 's went well wish them ; so that the generallity of the people being voyd of mistrust never troubled themselves about state matters , but minded their private affairs , and with great willingness paid the taxes . whereas in the late reign , the king being a known papist , all the people in general were possest with jealousy , and even the very cobler in his stall wou'd eagerly enquire after news , and thought himself concern'd to know the affairs of the court : so that the actions of the state , and the peoples knowledge of it , went hand in hand , for we see they were forewarn'd to make such provision as they did to disappoint their designs ; for then the king acted openly with his court , but now the court acts privately without the king , by hiding each others crimes , and the peoples grievances from him , having had the great advantage of his majesty's absence about six months in every year during the course of this war. and this i take to be a principal reason why the generallity of the people have been so quiet from making any publick complaints . but then it may be further observ'd there 's a great difference between the grievances of the la 〈◊〉 e , and those of this regin ; the one was the endeavouring to take away our laws , to bring in papery , which all the nation were enemies to : rich and poor , good and bad , vertuous and vitious , saint and sinner , all were ●ti●● enemys to popery : besides it would take away abundance of estates of abbey-lands which was so great and general an allarm to the whole nation , but especially to the clergy , that those celebrated , simple , threadbare doctrines of passive-obedience , non-resistance , &c. were instantly frighted out of the kingdom , and never heard of since : nay , i dare affirm , the very papists themselves ( tho 't was to introduce their own religion ) wou'd ha been very unwilling to part with any of these estates . but what are our grievances now ! vvhy not about popery ; they only consist of pure downright cheating the publick ; and , sir , to our eternal shame and infamy , i must tell you , that multitudes of poperies zealous and mortal enemies , are dear and intimate friends to this . nay , to speak in general , there are few men but what will much rather chuse to take part in it , than make complaint against it ; for indeed the nation is miserably debauch'd by the horrid nasty fogs and fumes of the courts unsavoury noysome lusts . but now , after all this mighty hate to popery , and love to cheating , the consequence of both is much alike ; for if our present grievances , viz. cheating the puhlick , be well follow'd , the people will soon be made beggars and bankrupts , and then poverty and slavery will be found as true and proper a saying , as popery and slavery : and therefore , ( to speak in your own stile ) i think there 's many that do well deserve the character of sleepy , senceless sots and fools ; but especially those great ones that have got vast estates by fraud , treachery , &c. sure they are besotted with a witness , fondly to fancy , that they shall hold their ill-got-goods by vertue of those wholesome laws that they have constantly broke to get them , this , i say , is a strange paradox . and now , pray , who wou'd you have to omplain of grievances , and especially of these sort of grievances , that are so generally belov'd by those that shou'd redress them : you see a very considerable part of the nation are silent , for reasons i spoke of just now ; and as for the popularity , or middle sort , viz. traders , husbandmen , &c. who are the main body of the people , they know their grievances in general , but can tell nothing in particular , where to fix the fault ; and so cannot complain , but only grumble , mutter and murmur . and now , if a self-interested man won't complain , and if an ignorant man can't complain , and if a wise and honest man ( that knows the strength and power of the corrupt party ) dare not complain ; pray , who wou'd you have to complain at all ? certainly , 't is so far from being strange ( as you say ) that so few have complain'd , that 't is a great wonder to me , how any have had so much grace or covrage to open their mouths against corruption . for who d'think shou'd complain of a vniversal and gainful grievance ? you see the destruction of our coyn went forward all this reign , and had even just destroy'd the government before our long-headed-statesmen did take the pains to put king or parliament in mind to redress it ; this cou'd not possibly be through ignorance : no , there was too much money got by the evil : and when the trade cou'd be carried on no longer , then they all cry'd out , like patriots of their countrey , to have it redress'd . so that for this branch of the nations ruin , we may also thank the court , and pray god we get well over it . these are all miserable and destructive evils , that this poor nation at present staggers under , only for want of the early , constant and impartial execution of justice to encourage virtue , and suppress vice. but it seems this has been contrary to the deep maxims of our pollicy , and so has hitherto been omitted : and thus i think i have shew'd you , why so few have publickly complain'd , tho' the nation is so loaded with grievances . but i had almost forgot one party ▪ and that is the jacobites ; and , i hope , you wou ▪ d not have them complain against these grievances : no , they had much rather forward them . for , 't is upon these shameful corruptions they build their hopes , and for which they contemn and scoff at the government in all publick places , and encrease their party by many proselytes : for no honest man is capable to contradict them , being able to say nothing that is good of the court : whereas , had justice been duly administred , and vice and wickedness punished and suppress'd ( which we had , and have power enough to do ) there cou'd not have been at this day a protestant jacobite left in the nation ; for , the justice and equity of the government must needs long before this , have brought them all over from stubborn folly , and made them proselytes to their own interest , and to common sence , as well as loving and loyal subjects to his majesty . and now , sir , since you have ask'd me several questions , i shall beg leave calmly to ask you one , and , that is , pray to what end were your honours and employments conserr'd upon you ? were they , d'think only to get a great estate to leave to your posterity ? certainly the duty 's incumbent on such offices cannot have so poor a center , but must aim at much higher and nobler objects , if a man wou'd rightly consider them ; but i shall not detain you at present with an account how great and extensive they are , not doubting your knowledge therein ; however , in point of friendship , i cannot but put you in mind ▪ that ( as a privy-councellor ) you have power to administer justice , but no power to obstruct it . you have power to put the law in execution , but you have no power to pervert it , or render it useless . you have power to punish any capital publick offender , but you have no power to conceal his crimes , protect him , and let him escaps punishment : for , in doing it , you betray the king , and take from him ▪ his regal ▪ power , and rob the people of their laws and liberties . for you are to consider , that in hearing the crimes of a publick offender , your power only extends to hear and examine that cause in trust for your king and country , that law and justice may take place ; and a lord chief justice may as lawfully presume to pardon murder , or forgive one of my debtors , or a justice of peace to compound that fellony whereby i am robb'd , as you to protect , or acquit any publick offender . in short , in all your publick stations , you 'r only a trustee for your prince and country , to promote the interest of both ; and you are answerable to both , in this world , as well as to god in the next , how you discharge these trusts ; and ▪ i fear many men have most dreadful reckonings to make on this account . therefore sir , i do earnestly advise you to take a resolution to save your self from the terrible burden of this guilt , and rouse a noble english genius , and stand up for the honour of god , and the good of your prince and country ( whose true interests are inseparable ) that justice may be administred , vertue incourag'd , and vice and wickedness punish`d and suppress`d : for if you sincerely study true pollicy ; god will surely instruct , and put you in the right way ; otherwise , you may still continue to wander , as you have hitherto done : but after all , do not entertain any fond opinion , that a private company of men can possibly hold their riches in the midst of a ruin'd nation ; no , certainly they must be ruin'd also : for if there 's any law , that will do their business ; if not , they 'l only have the pleasure of being plunder'd last , by an inrag'd and furious popularity : for ( as 't is said in job , ) fire shall consume the tabernacles of bribery . if god has said it , we may affirm it ; and pawn our lives and souls , 't will be done if attonement be not made . finis . printed in the year . a second vvhy not or eight queries, made to the parliament, from the people of england, being the supream power thereof in . freize, james. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a second vvhy not or eight queries, made to the parliament, from the people of england, being the supream power thereof in . freize, james. sheet ([ ] p.) printed by i.g. for i.b. and i.f. and are to be sold by g. lindsey at london-stone, [london] : . signed at end: iames frese. place of publication from wing. annotation on thomason copy: "septemb. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a second vvhy not. or eight queries, made to the parliament, from the people of england, being the supreame power thereof in . freize, james. b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a second vvhy not . or eight queries , made to the parliament , from the people of england , being the supream power thereof in . whether this nation shall be a free people , according to magna charta , ( now regained with such a vast expence of treasure , and effusion of blood ) and according to our trust reposed in you , and your solemn deep ingagements , vows , and promises , made to us , to make us a free people ? and why not yet performed by you , according to your promise made to us , since the kings death ? and if a free-state . why not our persons acquitted of imprisonment , and wee a free-people . ii. whether you intend to passe the nationall act for liberty or not , and to take off all capias for arrests , that so we the people of england may be secured from trouble in our personal liberties and thereby inabled freely to follow our callings and endeavours for livelihood ? and why not , seeing it is our just birth-right ? iii. whether this nation shall still be enslaved in their estates , personal liberties , and lives , to the present corrupt , delatory , chargeable practises of the law , and to the cruel , impious ( unparalel'd ) mercenary instruments of the same ( by whom thousands of this nation have been ruined and destroyed ) even by lawyers and goalers ? and why so , seeing they are cruell , abominable and wicked ? iiii. whether you intend to prefer the impious flourishing state of an inconsiderable number of corrupt judges , and mercenary lawyers , and cruel murthering goalers ( enemies to englands liberties ) before the just liberties , peace , and welfare of this great nation ? and why so ? seeing he that treadeth in their pathes , shall never have peace nor rest , ier. . , . and by whom ; god , truth , justice , mercy , life , estate , rights and liberties , are sold for mony dayly . v. whether iustice shall be freely administred to all ( both rich and poor ) the oppressed relieved , with full satisfaction and reparation for their wrongs sustained , and the imprisoned set free , so , as their persons may not be still subject to imprisonment every two or three dayes , or as often as their malicious cruel adversaries shall think meet so to do ? and when , after eight yeers expectation ? contrary to isa. . , . psal. . , , , , . vi . whether the creditors , according to magna charta , shall be enabled to reap due and real satisfaction for their just debts , out of the real and personall estates of all able debtors , in the two third parts thereof ( intailed lands also not exempted ) without any tedious jugling , chargeable delatory tricks in the law ? and why not , rather then lawyers and goalers to rob both them , and the debtors ? the one of his debt , and the other of his liberty , and to the hinderance of sea-men in navigation . vii . whether all persons by you intrusted with many millions of the national treasure , ( and by them perverted ) shall be called to a just and strict account for the same , whereby the souldiery may be duly satisfied , and this whole nation eased and acquitted from the unsupportable burdens of all the several great taxes , and daily plunders , wherein the souldiery is made to appear the actors , ( conceived to be done by the speaker and lawyers ) meerly to render the souldiers the more odious and detestable to this whole nation ( a subtile contrivance , to imbrue the nation againe into a sea of blood through the dayly increase of all the peoples heart-burnings against you , and the souldiers ? and why not , that so knaves may be known ? viii . whether you intend to abolish tithes , restore the rights of the poor , call a new representative , provided , that all mercenary lawyers be exempted from coming up to westminster for iustice ; but every man to have justice administred at his own doore , as in the dayes of king edward , and king alfred , who hanged up county iudges in one yeere , for taking bribes , and passing false judgement ; and edward the fourth who hang'd goalers in one yeere for exacting monies from prisoners ; and the law practised in our english tongue , in some brief expedicious way , without any delatory ( heats , fees , or bribes , ( as now used ) according to the command of god , the present practise of all other nations in the world where more iustice is to be had for eight pence , then here in our land for . l. and why not unjust things abolished ? finally , our desires are . that because there is a far greater number of able honest consciencious understanding men in every of our cities , counties , hundreds . towns and villages that are able to judge and determine all controversies between a man and his neighbor better then any of those instruments of contention , the lawyers . ( englands cankerworms ) whose nature and profession is to fish in troubled waters , and to make the wound of contention deeper and far larger , rather then to cure it , that therefore they may no ways be thought fit to decide any controversie in iudgement , nor to sit in our national assemblies , but to be expunged and expelled the house of parliament , even as the bishops , lords , and iudges were before them ? and why not the power of such serpents destroyed , and quite confounded , confounded , yea accursed of god and abhorred of men let all them be , that appeare in their defence , or stand up for their support , why not ? amen . by iames frese marchant . printed by i. g. for i. b. and i. f. and are to be sold by g. lindsey at london-stone . . notes, typically marginal, from the original text notes for div a e- isa. . , isa. . , , , , , , ● , , , . the priviledges and prerogatives of the high court of chancery written by ... thomas lord elsmere ... egerton, thomas, sir, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the priviledges and prerogatives of the high court of chancery written by ... thomas lord elsmere ... egerton, thomas, sir, ?- . [ ] p. printed for henry sheapheard, london : . reproduction of original in cambridge university library. eng england and wales. -- court of chancery. a r (wing e ). civilwar no the priviledges and prerogatives of the high court of chancery. vvritten by the right honourable thomas lord elsmere, late lord chancellour egerton, thomas, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the priviledges and prerogatives of the high court of chancery . written by the right honovrable thomas lord elsmere , late lord chancellour of england . london , printed for henry sheapheard . . the preface . the gravitie and discretion of the iudge in a●tient time , hath beene such , as in doubtfull causes and especially for construction of statutes , they desired to conferre with the kings privie councell , whereof there be many examples , some are cited in the case of post nati . and this ought to be specially regarded , where the authority and iurisdiction of the kings court is to be brought into dispute and question . for gravius privatorum damno peccatur , cùm inter summos magistratus curiasuè majores de imperio certatur . and in these cases the iudges should first have private and loving conference together , before publique disputes , according to the emperour's command . alloquere illum , nè rem injustam faciat . notes and observations upon the statutes of magna charta . cap. . and other statutes concerning the proceedings in the chancery , in cases of equitie and conscience . the statutes , which be now urged and stood upon against the chancery , are first magna charta , where the words be nisi per legale iudicium parium suoz vel per legem terrae . it is lex terrae , that is , the iudges of the common law shall determine questions in law , and pares & iurors to try matters in fact , so the chancery is to order and decree matters of conscience and equity , which cannot be remedied by the strict rules of the common law : and the same rule serveth for understanding , the statute anno . edward . cap. . vpon these words , sic niscit duem ent mesne en-respons & soriudg d'icells per voy de lege . and it appeareth the cause of making that statute , was to restraine private suggestiōs made to the king or to his councell , but not meant to take away the ordinary judiciall proceedings and hearing of cases of conscience and equity in the chancery . hath the same words , as magna charta , cap. viz. without being brought into answer by due processe of law : for understanding whereof , that is to bee remembred , that those that are sued in the chancery are brought to another by due processe of law , for cases of equity and conscience as it is per legem terrae . that it shall not be commanded by the great seale or the little seale , to disturbe or detaine common right : and though such commandement doe come , the iustices shall not therefore cease to doe right in any point . for the understanding of this statute . the ordinary iudiciall proceedings by the chancery , according to conscience and equity , is not any disturbance , or delay of common right . but is the doing of right and iustice in cases , which the common law cannot helpe , for common right standeth not only in the strict rigour , and extreamity of the law ( for often summum ius oft summa injuria ) but rather in the doing of right , according to equity and conscience : and the iudges of the common law themselves , doe almost every day extend their discretion , to stay and mittigate the rigour and strictnesse of the common law : and in so doing doe , well notwithstanding the strict word of their oath . declareth the law concerning writs of search , and in the end of the same statute , these words , viz. that by commandement of the great seale , noe privie seale , nor point of this statute , ( viz. concerning search ) shall be put in delay . nor that the iustices , of whatsoever place they be , shall lett to do the common law by commandement , which come to them under the great seale or privie seale . the common law hath alwaies allowed the proceedings in the chancery , in cases of conscience and equity ; and therfore the words ( to doe the common law ) must not be construed too precisely , as thereby stop all courts of equity , for it standeth with the common law , as well that equity and conscience bee ministred , where the common law cannot helpe , as that strict iustice be ministred according to the common law , when the common law may serve . the chancery doth not commonly send any writ or commandement to the iudges , under the great seale cōmanding them to stay to do iustice , but awardeth iniunction to the parties , that seeke to have the advantage of the strictnesse of the common law , against equity and conscience : neverthelesse there be plentiful examples that writs of super sedeas , under the great seale have beene directed to the iudges , in diverse speciall causes , and have in all times ( untill of late ) beene dutifully obeyed , as in cases of priviledge and to stay their proceedings : reges in consulto and divers others , &c. also it is to bee remembred , that many iudges of the common law have complayned , and sued for remedy in the chancery ; and have beene sued and answered there , and obeyed the orders of that court in cases of equitie and conscience , which could not bee relieved by the common law . this statute is persuing two former stat. one . edward . cap. . which giveth paenam talionis , against those , which make false suggestions to the king : the other . edward . cap. . which confirmeth the former statute in all things saving pro paena talionis . and this . edward . explayneth the two former , and provideth that the people be not greived by false accusers which doe often times make their accusements more for vengeance and singular profits then for the profits of the king and his people , and therefore ordaineth that none bee put to answer ( which is to bee intended upon such accusation and false suggestions ) without . . presentment before iustices , or . matters of record , by due processe , or . by writ originall according to the onely law of the land . in this statute , the intent is to bee considered , first to explaine , the second former statute anno . edw. . and anno . edw. . as is before noted , . that the antient law of the land bee observe , that is ; that for matters determinable by the common law , none bee put to answer , but by presentments or matters of record , or by originall writt , or by due processe . but therein is not meant , that the ordinarie iudiciall proceedings in the chancery , in matters of equity and conscience ( not being remediable by the statutes of the common law ) should be taken away or restrained : but that in such cases , they may proceede against parties called in by due processe , for that is according to the antient law of the land . so the practise and experience hath beene ever since , which is the true and certaine interpretation of that statute and of all other statutes . the words be these : whereas as well in plea reall , or as in plea personall after iudgement given in the courts of our soveraigne lord the king , the parties be made to come upon greivous paines some time before the kings councell , & sometime in the parliament to answer therof anew , to the impoverishment of the parties aforesaid , and subvertion of the common law of the land : it is ordained and established , that after iudgement given in the court of our soveraigne lord the king , the parties and their heires thereof shall be in peace untill the iudgement shall bee undone by attaint , or by errour , if there bee errour , as hath beene used by the lawes in the time of the kings progenitors . for understanding of this statute the question is , whether there be any thing in the word or intent of this statute to take away , or restraine , or impeach the iurisdiction of the chancery to give remedy and releife according to conscience and equity in cases , which cannot bee remedied by the strict rules of the common law , by attaint , or by writ of errour . for the resolving of this question , is to bee considered , what hath beene used by the lawes , before the making of this statute . and to this point i must say , i have not seene any record or president , that the court of chancery hath beene restrayned to heare and determine causes of conscience and equity , and to give reliefe accordingly , as well after , as before iudgement given by the judges of the common law . but before the making of this statute ; there bee many precedents and records to prove , that the king and his councell , and the kings commissioners appointed to be auditors querelarum & court of rome , & some , pretending to have power and authority for the pope , did take upon them to examine such iudgements to reverse and undoe the same , which seemeth to be the point remedied by this statute : and this is within the direct and precise words of the statute , whereupon it may be inferred and concluded , that is the words shall bee taken precisely in the strict sence ; then the king himselfe and his counsell , and the parliament , who in time of the kings progenitors , used to examine & reverse iudgements , shall be bound and restrained by the statute ; but the chancery medleth not with the reversing of the iudgments given by the iudges of the common law , but in allowing the same to be good and just , according to the strict rule of the common law ( whereunto the iudges are sworne ) doth examine only the equity of the case , according to the rule of equity and conscience , and taketh order with the partie , to doe that which in equity and conscience ought to bee done , which the iustices of the common plees hath no power to doe , and that seemeth to be the true reason that the statute doth not once mention the chancery . and it cannot reasonably be conceived , that the parliament meant to bind the chancery ( which is not named ) or the king or his counsell and the parliament it selfe , which are expressely named : that they should not releive parties that are greived by the rigour of the common law , against equity and conscience in cases , which the iudges of the common law cannot relieve thē by attaint , or errour , or otherwise . for sententia iudicis non praeiudicat veritati : and sicut res iudicata naturalem obligationem non tollit , ita conspercatam , laesamque conscientiam non purgat : and some doe aptlie & truely define equitie thus ; equitas est publici iuris moderatio apectore regio , velut ab oraculo petenda . and another saith thus , equitas in potestate moderatoris esse debet , multa contra scriptum facere et dicere : another saith , equitas iustitiae aciem retundit : and saint augustine , lex quiaese ipsam molire non potest mitiganda est & . contemptus , fraus , & dolus , in curia regal , neminisubuenire debent . and furthermore for the true understanding of this statute , and all other statutes , this rule should be observed : . to understand , and consider what was the mischeife at the common law , which the parliament meant to remedie within this statute . it appeareth to have beene the reversing and undoing of iudgements by the king or his counsell , or his commissioners or parliament , which might and ought to be examined by attaint or errour , as is aforesaid , but not the ordinary iuditiall proceedings in chancery , according to equity and conscience to give releife to the partie grieved , by the strict rigour of the common law or in cases which could not be remedied by attaint or errour , or by any other ordinarie meanes by course of the common law , and where they in that equitable , proceeding did not attempt to reverse or impeach the judgement given by the common law , but to admit and allow the same to be good and just , as is before declared . the next is how this statute was understood and expounded at , and soone after the tyme of the making of that , for in all cases contemporanea expositio is specially to be regarded : and for it ( as i said before ) i have not seene any record or precedent that this statute hath beene expounded to restraine the chancery , to proceede in their ordinary courses , to give releife in cases of equity , according to good conscience . nere the time of the making of it , or many yeares after . and i suppose no such materiall or effectuall record or precedent can be shewed . and for later times as in the time of henry the seventh , and since , the proceedings and examples bee so frequent , and so plaine & direct , as nothing is more common ; and it is a certaine and true rule intellectus currit cum praxi . and if any ambiguity , or doubt should bee conceived upon the words and intent of this statute , sith it concernes the jurisdiction of the kings courts , which have no power , nor authority but from the king whom they serve . one court ought not to take upon them to iudge and deside their owne iurisdiction , and the iurisdiction of another of the kings courts : but then bractons rule is to be holden : ( that is ) that the king's interpretation is to be expected , who is to declare and expound all doubtfull or obscure words in chartis regiis & factis-regum : for all statutes are facta regi● , made at the request and by the consent of the lords spirituall and temporall , and the commons . and where some new conceits have beene lately imagined , that the partie grieved should have complained before iudgement or else not to be heard or relieved after iudgement by reason of this statute . this is but a cavill and a sophisticall distinction not worthie the answering . for before hee bee hurt , he hath no cause to complaine , & that , which hurts him , is the iudgement grounded upon the stricktenesse & rigour of the common law , against equity and conscience , and when he feeles the wound , it is time for him to complaine to seeke remedie , by complaining of the wrong , which is done unto him by the rigour of the common law , contrary to equity and a good conscience , and of this sort be the precedents and examples before mentioned . lastly it is to bee lamented that the antient common lawes are so much neglected and contemned , and almost growne obsolete and out of use : that for the most part , wee have not the substance but the shadow of the antient common law , manet magni nominis umbra : and therefore his majestie at the first beginning of his gratious raigne of england , did most princely , prudently , and iuditiously shew his mislike of the incertaintie of the iudicature in his courts of iustice in england , and require and commanded his iudges to take mature consideration of it . what followed i will say nothing . wherefore let the iudges now consider , how they observe in their courts and proceedings , the words and intent of this statute , whether after iudgements the parties be in peace , untill the iudgement bee undone by attaint , or errour , whether after iudgements in writs of errour firme , they suffer not new actions , and verdict , against verdict , and iudgement ; against iudgement without attaint or errour to the manifest deluding of the true and antient maximes of the common law , and without regarding of the words of the statute . and thus suites for one , and the selfe same cause , are carried from court to court , as power and might of the parties , or favour or affection of the iudges , or corruption of sheriffes or subordination or periury of witnesses or such like shifts or tricks can best accomodate the businesse . de chartis regiis & factis regum , non debent , nec possunt iusticiarij , nec privatae personae disputare , nec etiam nisi illâ dubitatio oriatur , possunt eam interpretari & in dubiis ▪ et obscuris , vel si aliqua dictio duos contineat intellectus domini regis erit expectanda interpretatio & voluntas eius sit interpretari , cujus est condere . maneant termini patrum , & inter fines proprios se quisque contineat , sufficiant limites , quos sanctorum patrum providentissima decreta posucrunt . some notes and observations upon the statutes of provisoes and praemunire especialy concerning the chancerie and other courts of equitie . the words be , . because some doe purchase in the court of rome provisions , to have abbies and priories in england in destruction of the realme , and of holy religion , it is accorded that every man that purchaseth such provisions of abbies and priories , that he and his executors , and procurators , which doe sue and make execution of such provisions , shall be out of the kings protection , and that a man may doe with them , as of enemies of our soveraigne lord the king and his realme . note the usurpation of the church of rome in this case iudged at this time , to be the distruction of the realme and of religion . and the partie himselfe and his executors and procurators putting in execution such provisions , iudged to be enemies of the king and realme , and out of the kings protection , ( and so in worse degree then traytors ) and that therefore every man might iustifie the taking of their goods , and killing of them , and not to be impeached for it . there is another statute entituled statute de provisorib . declaring the great mischeife that the king and the realme sustayned , by the usurpation of the pope , in cases of provisions and reservations of benefices , reciting the lawes ordained by king edward the first , and adding further remedie , and severe punishment against the offenders ; and that no processe or sute should bee in these cases in the court of rome , nor in no part else where . both these statutes were specially provided to restraine the usurpation of the pope , and the churches of rome in these cases of provisions , and reservations . by the statute anno . edward . it appeareth , that notwithstanding the two former statutes anno . edward . yet the usurpation of the pope , and the church of rome , was so exorbitant , that the nobles and commons complained in this parliament , and prayed further remedie for the same , alledging that divers of the people have beene drawne out of the realme , to answer of things whereof counsance pertayneth to the kings court , or of things whereof iudgements be given in the kings court , or which sue in another court , to defeate or impeach the iudgements given in the kings court , in prejudice and disherison of the king and his crowne , and of all the people of his realme , and the undoing and distraction of the common law of the same realme at all times vsed . this is the mischiefe , which was complained of and was desired to be remedied . the offenders , against whom remedie is sought , are these , which draw any out of the realme by plea . wherfore the counsance being to the kings court or of things , wherof iudgements be given in the kings court , or which doe sue in another court , to defeat or impeach the iudgements given in the kings court . then the remedie provided is , that such offenders shall receive punishment by two moneths , to be before the king and his counsell , or in his chancery , or before the kings iustices of the one bench or other , or before the iustices of the king , which to the same shall bee deputed to answer in proper person to the king for their contempt done in this behalfe , and if they come not , then to be out of the kings protection , &c. provided , that when they doe come before , they be out-lawed , they shall be received to answer . now it will appeare manifestly that the intent of the parliament , was not to restraine or punish any that complayned and sued in the chancery , to bee releived according to equity and conscience ; in cases wherein , by the strict rules and rights of the common law , the iudges of the common law could not releive them , neither are there any words in the statute , which can without violence bee strayned or reathed to serve any such unreasonable construction : for the better understanding hereof , the parts of the statute are to bee devided and severally considered . . as first the mischeife complained of . . the offenders , against whom , the complaint is . . the remedie provided , and against whom , the forme of proceeding therein . for the mischeife , the parliament finding , that the pope and court of rome did not only continue their usurpation in the cases mentioned in the former statute . an. . ed. . but did also extend it further in drawing the people out of the realme to answer things , whereof the counsance pertaineth to the kings court , or of things whereof iudgements bee given in the kings court , or by suit in another court , to defeate or impeach the iudgements given in the kings court ; in prejudice , &c. in the preamble , wherein this mischeife is declared , it appeareth that the drawing of the people out of the realme to answer to those cases , specially remembred , was the greife of the people , for which they prayed remedie . but by suites in the chancery to be relieved according to equity and conscience in cases , in which the iudges of the common law could not give remedy , the people were not driven out of the realme , nor iudgement given in the kings courts , were not sought to be defeated or impeached , but conscience and equity to be observed . nor such suites in the chancery cannot bee accompted to be any other court then the kings court ; for the chancery is one of the kings supreame courts of iustice , and as much or more greived by the inordinate usurpation of the pope and his courts as any other of the kings courts : neither could such suits in the chancery being the kings own supreame court , bee in prejudice or disherison of the king and his crowne , and of his people ; or the undoing or distruction of the common law at all times used ; and i suppose there can no record or warrantable precedent be shewed that such proceedings in the chancery hath in times before used ( that is before . . ed. . ) beene construed to be the undoing or destruction of the common law . and hereupon it may bee inferred and concluded , that those , which complaine and sue in the chancery for releife and remedie , according to equity and conscience , in such cases as the iudges of the common law cannot remedie , are not any offenders within the words or meaning of this statute . and this will appeare more plainely by the remedie , which is provided ; that is , that the offenders shall have garnishment by two moneths , to appeare before such iudges , as are assigned to give remedie in the causes before mentioned in the statute , which are these : the king and his counsell the chan. the iustices of one bench or the other , or other iustices of the kings , which shall be deputed . wherein is to be noted , that the chancery is the second court that is appointed to give iustice against such offenders , as the parliament meant , and is placed next after the king and his councell , and before the iudges of the one bench or the other ( between whom the parliament giveth no prioritie nor precedent ) & addeth such other iustices as the king shal depute : by which power the king may by the statute exclude both these courts , & appoint other iustices , if it shall please him so to doe . now it is too absurd to say or imagine that the ordinarie and juditiall proceedings in the chancery by the kings owne authority , in cases before remembred can be in prejudice or disherision of the king or his crowne or destruction of the common law ; or that the parliament did so meant or understand , sithe they have designed the chancery to bee a speciall or prime court to punish offenders against the said statute . and to resort to the true rule contemporanea expositio , for intellectus currit cum praxi . i have not seene nor heard that any person hath beene charged , or impeached by suit in the nature of a praemunire upon this statute for sueing in the chancery in the cases before remembred , or in any other like cases . the statute . ed. . was grounded upon the exorbitant usurpations of the pope and church of rome , which were in some sort provided for , by the former statutes an. . ed. . but the parliament anno . ed. . finding the same too weake , and the church of rome did not only continue their former usurpations , but did daily increase the same more and more , did therefore devise further remedie against their insolent and outragious excesse . wherein appeareth that the speciall mark , whereunto both those parliaments aymed & directed their actions , was to provide and give remedy against the wicked proceedings of the pope and court of rome , and not to restraine the jurisdiction and authority of any of the kings owne courts in their ordinarie and juditiall proceedings , either in law or equity , and by that , which is before remembred , is sufficiently declared , yet the same is made more manifest by the statute anno . ed. . stat. . cap. . . . . by which it appeareth that in . yeares space , after the parliament an. . ed. . the pope and church of rome ceased not to goe on still in their wicked and inormious usurpations upon the king & the crown , and therefore that parliament anno . ed. . declareth plainely , that it was the court of rome , that dealt in cases , whereof the counsance and small discussions pertaine to the king and his royall court ; and for remedie thereof ordaineth , that the former statute made anno . ed. . and anno . ed. . shall be in all things affirmed and executed , adding also some further punishments and provisions against the offenders , directing the proceeding therein to be before the king and his councell , onely without mentioning any other courts , as . ed. . did . so as upon conferring together these three statutes viz. . . and . ed. . it appeareth that the intent of al these parliaments was onely to punish offenders , that maintained the usurped and pretended authority of the pope , & church of rome , and prosecuted any action or sute by vertue of the same in any case , whereof the counsance and finall discussing perteyned to the king and his courts ; and therefore if any doubt bee conceived upon any words in the statute ed. . it is to be explained by the statute . ed. . going before , and the statute . ed. . comming after . after all these statutes , yet ambitious usurpers , and greedy covetous extortions of the pope and court of rome ceased not , but still continued and increased more and more , where-upon the parliament anno . rich. . chap. reciting some particular cases , viz that iudgments being given in the kings courts for recoverie of presentments to churches , & benefices , and the same iudgements duly executed by the arch-bishop and bishop as they ought to bee ; that thereupon the archbishop and bishop have excommunicated by the popes censure for executing of the same iudgements . and also that the pope did ordaine and purpose to translate some prelates out of the realme , and some from one bishop-prick to another within the realme , without the assent or knowledge of the king , by which the king should bee destitute of his councell ; and the treasure of the realme to bee made away out of the realme , and so the regality & crowne should be made subject to the pope in perpetuall distruction of the king and his crowne , and all the realme . in which cases , and in all other cases attempted against the king , his crowne , and regalitie , the lords temporall and commons , did promise to stand with the king and the crowne , and to live and die ; and the lords spirituall promised also , to stand with the king in the cases before mentioned , and in all other cases bound by their alleagiance with a speciall protestation and saving of the popes authority in excommunicating of bishops , and translating of prelates , according to the lawes of the holy church , & thereupon it is ordained and inacted , that if any purchase or pursue in the court of rome or elsewhere , any such translations , processes , and sentences of excommunication , bills , instruments or other things , which touch the king , against him , his crowne and regality , or his realme , as is aforesaid : and they , which bring or receive the same within the realme , or make thereof notification or any other execution within , or without that they , &c. shal forfit , &c. and to be put out of the kings protection , & be attached , &c. and sue in processe of premunire , &c. and against others , which sue in other courts in derogation of the kings royaltie . by this it appeareth plainely , that the pope and court of rome continued still , and proceeded further in their exorbitant usurpatiou upon the crowne and kings royaltie , and the common lawes of the kingdome ; so this parliament endavoured to meete with , and stand with the same , namely in the particular cases , which are specially mentioned , viz. concerning iudgements given in the kings court in these pleas and cases , and in translating of prelates &c. and in other cases attempted against the kings crowne and regality ; but it is manifest , that the intent and the scope and drift of the parliament was onely against the pope and court of rome , and against those persons , that persue any such translations , processe , &c. or other things , which touch the king , or against his crown , or regality or his realme as is aforesaid , and which being , notifie or execute the same within the realme or without , these be offenders , which the parliament had cause , and meant to punish ; and it is strange and improbable that any learned iudge of the common laws of england , should stretch or extend the words of this statute further , then only against the usurped authority of the pope , and church of rome ; but it seemeth that some that take pleasure ludere in vorbis , dormitare in sensibus , and to dispute de apicibus juris , equi & boni ratione praetermissâ , and to professe learning peritiâ literali non intelligentiâ spirituali ; and so are contented verba legis tenere & vim legis ignorare , have gone about to presse and straine the word of this statute , not onely against the pope and church of rome , but also against the kings owne high court of chancery , and other his majesties courts of equitie in england , grounding , their opinion and conceit upon these words of the statute . if any purchase , in the court of rome or else where , any such translations , or processes , or other things which touch the king : and for the better understanding hereof , it is to bee remembred , that the pope & court of rome kept their seiges and court not at rome onely , but sometimes at avignion , sometimes at other places ; and divers antipopes beeing at one and the selfe same time , kept their severall seiges and courts at severall places , and yet each of them challenged , and pretended to have supreame jurisdiction , power , and authority over and above the king and his crown , & regality in the cases before remēbred ; and therefore it was requisite and necessarie for the king and the parliament to withstand and provide remedy against the same . and that is the true and right understanding of ou aylors : for it is too absurd to say , or imagine that the king or parliament meant to extend the same against the kings owne courts of equity in england , which dirived their authority and jurisdiction from him onely : and heard and determined , as his substitutes , according to equity and conscience , such cases as the iudges of the common law could not by the strict rules of the common law iudge & determine . these courts and the iudges , & ministers therof , the king had power to suppesse , altar , and punish at his pleasure , and therefore against these the lords temporall and commons needed not to engage themselves to stand with the king and the crowne , and to live and dye , nor the lords spirituall & clergie to promise to stand with the king , as they were bound by their alleageance , with their cautious protestations for the ordinarie , legall & iuditiall proceedings , the chancery and courts of equity according to conscience . the king , nor his crowne , nor regality , nor the common law were not in any danger , but the danger was by the ambitious usurpation of the pope , and the church of rome , and by the proceedings in the courts holden by that usurped authority ; and therefore against them the parliament provide this statute following , the example of the former parliament . ed. . . ed. . and . ed. . and those be the courts which this parliament , & the parliament anno . ed. . cap. . noted to bee in derogation of the kings regalitie and destruction of the common law , but not the kings owne courts of equity and conscience . and for the further clearing of this doubt , if it be worthy to be made a doubt , how these words ou ayllors shall be understood , in the . ed. . there is this note , nota , que le statute de premunire est in curiâ romanâ vel alibi : lequel alibi , est intendue en les courtes del evesques illmit , que sihome soite excompe en court del evesques perchose que appent all royall maiestie ses shose alcomen lep il aur premunire & issent adiudge & fith : abridging that case saith , that . hen. . the opinion of the court was so , which he himselfe heard . by which it appeareth , that the iudges did then understand the proceedings by the bishops in the spirituall courts , which was by authority derived from the pope and church of rome , was onely meant by the word vel alibi . but not the procedings in the kings owne court of chancery by authority derived from him onely in cases of equity and conscience not remediable , otherwise for that were to set the king against himselfe , which is too inconvenient and absurd . finis . notes, typically marginal, from the original text notes for div a e- bodm . lib. . cap. . p. bodm . lib. . cap. . p. . notes for div a e- mag. chart. cap. . stat. . ed. . cap. . stat. . ed. . cap. . stat. . ed. . cap. . stat. . ed. . cap. . stat. . ed. . cap. . stat. . hen. . cap. . vn . stat. . ed. . cap. . in casus . . in quae . vel . & novi . lib. pradict. . cap. bracton . lib. . fol. . cap. . . edw. . king iames . bracton . lib. . fol. . cap. . leo . epist. . & . stat. . ed. . cap. . note . anno . edwad . stat. . ed. . cap. . stat. . ric. . cap. . an. . ed. . . . premunire . the proposalls delivered to the earl of nottingham, and the rest of the commissioners of parliament, residing with the army, from his excellency sir thomas fairfax, and the army resolved upon at a generall councell of warre held at reading july , : with a message sent by the lord wharton to the parliament : and a letter to the lord mayor, aldermen, and common councell, concerning the disposall of the militia of london into the former hands. england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the proposalls delivered to the earl of nottingham, and the rest of the commissioners of parliament, residing with the army, from his excellency sir thomas fairfax, and the army resolved upon at a generall councell of warre held at reading july , : with a message sent by the lord wharton to the parliament : and a letter to the lord mayor, aldermen, and common councell, concerning the disposall of the militia of london into the former hands. england and wales. army. fairfax, thomas fairfax, baron, - . nottingham, heneage finch, earl of, - . p. printed by matthew simmons for john pounset ..., london : . reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -- army. great britain -- history -- civil war, - . a r (wing f a). civilwar no the proposalls delivered to the earl of nottingham, and the rest of the commissioners of parliament, residing with the army, from his excell england and wales. army. council a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the proposalls delivered to the earl of nottingham , and the rest of the commissioners of parliament , residing with the army , from his excellency sir thomas fairfax , and the army . resolved upon at a generall councell of warre held at reading july . . with a message sent by the lord wharton to the parliament : and a letter to the lord mayor , aldermen , and common councell , concerning the disposall of the militia of london into the former hands . by the appointment of his excel . sir thomas fairfax , and the councell of warre . signed john rushworth secre. . london ; printed by matthew simmons for john pounset , and are to be sold at his shop at the signe of the hand and bible , at the lower end of budge-row neere dowgate . . these severall ensuing particulars , being considered , debated , and resolved upon at a generall councell of warre ( his excellency being present ) wee the commissioners of the army were appointed ( in the name and behalfe of them ) to present the same to your lordships , and the commissioners to be tendred with all speed to the parliament ; which wee accordingly offer and desire your speedy care therein ; that so an answer ( according to the desire and expectation of the army ) may be speedily returned to these particulars . . that there be an effectuall declaration forthwith published to the whole kingdome , against the inviting , bringing or coming in of any forraine forces , under any pretence whatsoever . . that the army may be paid up equall with the desertors thereof , according to the late votes of parliament : and that the army may forthwith be put into a constant course of pay , that they may not be so burdensome and oppressive to the countrey ; for the more speedy performance whereof ; wee desire , that the house of peers would be pleased to concurre with the desires of the house of commons , ( so often proposed to them ) for the reviving of the committee for the army , that so the assessements and great summes in arreares , both in the citie and eswhere , may be by their endeavour collected for the speedy and necessary supply of the army : and also , that the treasurers , and the committee of weavers-hall , may be speedily called to accompt , in what manner , and by what warrant the two hundred & thirty thousand pounds , lately intrusted in their hands , have been in so short a time consumed . . that the militia of the city of london , and the committee of the same , may consist of such persons , & speedily be returned into those hands , who formerly during the worst of times , have therein given large testimonies of their fidelity to the parliament and kingdome : which besides the reall security , will be to the parliament and kingdome in preventing of dangers repreparing towards a new warre , would conduce so much to the remooving of jealousies , and give such a ground of confidence to the army , as that wee might the better dispose it to larger quarters in severall parts , for the ease of the countrey . reading . july . by the appointment of the commissioners for the army . william clarke . according to and in pursuance of the particular mentioned under the fifth head of the representation of the army , wee doe earnestly desire : that all persons imprisoned in england , or dominion of wales , ( not for delinquency in relation to the late warre , but for other pretended misdemeanors ) and whose imprisonment is not by the regulated course of law , but by order from either houses of parliament , ( or of committees flowing from them ) may be put into a speedy regular and equitable way of tryall , or ( if the necessitie of setling the generall affaires of the kingdome admit not their present tryall ) then they may have present liberty ( upon reasonable security ) for their appearance at a certain day , to answer what shall be charged against them in a legall way . and that when they shall be tryed , if they appeare wrongfully , or unduly imprisoned , they may have reparation according to their sufferings . in particular , wee desire this may be done in behalfe of lievtenant colonell john lilbourne , mr musgrave , mr overton , and others ( in their condition ) imprisoned in and about london . reading july . . by the appointment of his excellency sir thomas fairfax , and his councell of warre . signed , john rushworth . a letter to the lord major , court of aldermen , and common-counsell , of the city of london . my lord and gentlemen ; in the carying on of the great businesses of the kingdom towards a generall and happy settlement , it hath been a fixed principle with us to make it our first endeavour with the parliament , that all things which threaten an engagement of the kingdom in a second warre , might be removed before we could have a confident expectation of a good issue ; upon a treaty with their commissioners , which course of ours , although it might have some appearance of delay : yet by men that are zealous of the kingdomes good ( we hope ) no endeavour will be judged unnecessary , that may secure the kingdom from the danger of any new imbroylements . wee are now come thus far , that the most materiall particulars which we have in preparation to propose , for the generall settlement of the affaries of the kingdom , have bin communicated to the parliaments commissioners ; and we hope they are satisfied , that they containe in them things tending to a generall good , and to lay an hopefull foundation for common right , and freedom , to the people of this land for future ; and for a lasting peace amongst us . but before we can securely intend and without interruption apply our selves , unto the proceedings and dispatch of the treaty , there upon wee have delivered into the hands of their comissioners , the paper which consists of three particulars , in the last whereof ( which is the militia of the city ) you being most immediately concerned , to the end you may see we would aske nothing which relates to you , without giving you a just account thereof , and all possible satisfaction therein ; we have also given a coppy thereof to your commissioners , to be here with sent unto you . wee should not desire this , or any thing else of that nature , were wee not perswaded , that what wee desire is seasonable , and for yours and the kingdomes good and quiet . and wee should willingly have been silent ( as to this : ) but considering the just jealousies which lye against some persons , now authorized in the exercise of that power amongst you , and those attempts which have bin made by some , who would have engaged your city , to a warre , had not your lordships and the court of aldermen and common-councell , by your wisdome prevented it , by geting those votes which were passed by the militia , made null ; wee cannot in a case of this importance but deale freely with you , in desiring your concurrence with ours to the parliament ; that the militia may be changed into those hands , out of which it was taken , of whose care and fidelity to the publicke , there hath been so long and large experience , as few ages have paralell'd . and if the interest wee have so long sought for be still the same , let it not seeme strange that wee desire both of the parliament and city , that those may be in places of such a trust , who have given the best proofe of their courage and constancy in prosecution of the same . having thus far declared our selves with all freedom and clearnesse to you , as we do not doubt of your good acceptance of our intention therein , so we desire your forwardnesse in a worke so much tending to mutuall confidence ; and to prevent the designes of any who would beglad to put obstructions in the way to a happy conclusion , and envie nothing more then the continuance of a right understanding between you and us . reading july . . by the appointment of his excell . sir thomas fairfax and the counsell of warre . signed jo : rushworth secret . may it please your lordship ; wee made a dispatch unto you last night very late , by the post , and gave you then a generall account of our proceedings . and after the reading of the proposals mentioned in that dispatch ; had some papers brought unto us , by sir hardres waller , and other officers , containing some desires of the army , in order to their present security : which papers , before they were transcribed , were sent for backe againe . wee expect the returne of them this day , and shall thereupon transmit them to your lordship with all speed . in the meane time , it was held fit to desire the l. wharton to come up to you , for your more perfect knowledge in any thing that may relate to our former dispatches , and that nothing may be wanting on our parts in discharge of the trust reposed in us . who are redding july . . your lordships humble servants nottingham . since the writing of this letter , these inclosed papers have been brought unto us by some of the officers of the army , which wee held our duty immediately to send to you . finis . a proclamation for further proroguing the parliament james r. england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for further proroguing the parliament james r. england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) printed by charles bill, henry hills, and thomas newcomb ..., london : / . reproduction of original in huntington library. broadside. at head of title: by the king, a proclamation. at end of text: given at our court at whitehall the eighteenth day of march, / . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion j r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation for further proroguing the parliament . james r. whereas we lately did prorogue our parliament unto the twenty eighth day of april next , we for many weighty reasons have thought fit further to prorogue the same until the two and twentieth day of november next ensuing the date hereof : and therefore do by this our proclamation publish and declare , that the parliament shall be prorogued upon and from the said twenty eighth day of april until the two and twentieth day of november next ; whereof the lords spiritual and temporal , and the knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly : we letting them know , that we will not at the said twenty eighth day of april expect the attendance of any , but only such as being in or about the cities of london and westminster , may attend the making the said prorogation , as heretofore in like cases hath beén accustomed . given at our court at whitehall the eighteenth day of march , / / in the third year of our reign . god save the king. london , printed by charles bill , henry hills , and thomas newcomb , printers to the kings most excellent majesty . / . a prolamation [sic] about dissolving this present parliament, and the speedy calling a new one england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a prolamation [sic] about dissolving this present parliament, and the speedy calling a new one england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill, christopher barker, thomas newcomb, and henry hills ..., london : / . broadside. at head of title: by the king. reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal coat of arms by the king. a prolamation about dissolving this present parliament , and the speedy calling a new one . charles r. whereas this present parliament was begun and held at westminster on the eight day of may , in the thirteenth year of his majesties reign , and hath been since by several prorogations and adjournments continued , and was lately prorogued until the fourth day of february next ; the kings most excellent majesty taking into his serious consideration , the many inconveniencies arising by the over-long continuance of one and the same parliament , doth ( by this his royal proclamation ) publish and declare his royal will and pleasure to dissolve this present parliament , and doth hereby dissolve the same accordingly . and the lords spiritual and temporal , and the knights , citizens and burgesses of this present parliament , are discharged from their meeting upon the said fourth day of february : and to the intent his majesties loyal subjects of this his realm , may perceive the confidence his majesty hath in their good affections , and how willing and desirous his majesty is to meet his people , and have their advice by their representatives in parliament , his majesty is hereby pleased graciously to declare , that he will forthwith cause writs in due form of law to be issued for the calling of a new parliament ; which shall begin , and be holden at westminster , on thursday the sixth day of march next , when his majesty doth expect such laws will be enacted , and such order taken , by the consent and advice of his parliament , as will tend to the securing the true protestant religion , and the peaceable and happy government of this his kingdom . given at our court at whitehall , the twenty fourth day of january . in the thirtieth year of our reign . god save the king. london , printed by john bill , christopher barker , thomas newcomb , and henry hills , printers to the kings most excellent majesty . / . a continuation of the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed in the house. from june to july . . by j. canne intelligencer generall. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c aa thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a continuation of the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed in the house. from june to july . . by j. canne intelligencer generall. butler, samuel, - , canne, john, d. ?, [ ], , [ ] p. [s.n.], london : printed according to order, . not in fact by john canne, but rather a satirical attack on canne and the parliament; sometimes attributed to samuel butler. part was published in the same year. annotation on thomason copy: " ber [i.e. november]. .". reproduction of the original in the british library. eng canne, john, d. ? england and wales. -- parliament -- humor -- early works to . england and wales. -- parliament -- early works to . political satire, english -- th century. great britain -- politics and government -- - -- humor -- early works to . a r (thomason e _ ). civilwar no a continuation of the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed butler, samuel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a continuation of the acts and monuments of our late parliament : or , a collection of the acts , orders , votes , and resolves that hath passed in the hovse . from june to july . . by j. canne intelligencer generall . london : printed according to order , . to the reader . courteous reader , least the famous and noble atcheivments of our late renowned parliament should be buried in oblivion , as surely as the authors of them will be with infamy , it was thought fit and much conducing to the publick benifit to continue this second part of their acts and monuments , that posterity may not be ignorant of their honesty , and good intentions , to have promoted their own interests , and confounded that of the common-wealth ; if further opportunity , and true intelligence shall offer themselves , it is not improbable that their exploits , till their second crack , may be exposed to publick view . in the mean time , give the authors leave to doe something else , and follow his old calling of scribing diurnalls . a continuation of the acts and monvments of our late parliament . thursday june . this day the house receiv'd a letter from john bradshaw one of the keepers of the great seale , wherein he desir'd that the house would please to dispense with the weaknesse of their brother's body now , whose soule had been at their service many yeares since , whereupon it was ordered , that the petitioner have the thanks of the house , and be president of the next high court of justice , before which any king whatsoever shall be called . ordered also that during this indisposition of his body , harry martin attend upon him daily to administer unto him ghostly comfort ; and in his absence that the other sir harry supply that office . this day also severall of the officers of the army receiv'd their commissions from mr. speaker , amongst which was mr. moore of grayes inne esquire who received a commission to be comptroller of the house : sir henry martin was commissionated muster-master generall of all the whores in the common-wealth , and the lord munson his corporall . a petition from severall well-affected persons inhabitants of the town of ailsbury was read , wherein they desired a statute of brasse to be erected for mr. scot , but one of the house standing up , and swearing a gibbet would become him better , the petitioners were dismissed insatisfied , june . it was this day resolved that colonell barkstead be no longer lievtennant of the tower , because the parliament hate blood-thirsty men . the quallification of persons for places of trust ( formerly omitted ) was as follows . the parliament doth declare that all such as shall be in any place of trust or power within this common-wealth be persons of a very fair carriage , thrice perjur'd , and the newest sectaries . june , after a long debate concerning the interpretation of ( the good old cause ) some of the members calling it , the saints watchword , others the cavalier's purgatory , some one thing , some another , it was resolved that the good old cause is in truth a going on in the great worke of making up the parliament-men's estates , where they left off at their last interruption ; and this definition was recorded by the clerk of the parliament accordingly . munday june . ordered . that the gentry of northumberland who presented a petition this day to the house , have a letter of thanks sent them , and that jack adams of the parish of clarken-well write the same . resolved . that the bill of union between england and scotland be referred to generall monk to be brought in by him the day immediately before he intend's to dye . june . resolved . that colonell hewson be translated from the government of dublin to be a colonell of a regiment of foot . this afternoon , the house voted baron tomlins to keep his place in the exchequer till they can find or procure a wiser . june . colonell fitz having this day received his commission to be lievtenant of the tower , mr. speaker told him the sence of the house ( as to the performance of his trust ) in this manner . colonell fitz , you have now received a speciall token of the parliament's favour , you are committed to the tower , pray be diligent and vigilant , and in requitall of of these high obligations , the house desires you that if it happen at any time that any of their members should ( which god forbid ) come under your custody , you will use them with a brotherly fellow-feelingnesse , and not as barkstead served sindercombe , and mr. armiger , sir you have heard what their pleasure is : be good in your office . june . the circuit-judges having this day been voted , mr. speaker proposed what instructions were fitting to be given to them , and it was agreed that it be referred to praise god barbone , to direct them in a way that should consist most with the parliament's safety . june . . these two dayes the house having much wast-paper in store , and more then the alderman needed , they imploy'd it in writing commissions , which were delivered in abundance to sundry offices that made their obeisance for them very mannerly . major overton's petition being read , it was immediately voted , nemine contradicente , that the late generall was a tyrant , and the petition a persecuted saint , whereupon he was referr'd to the consideration of the colchester commitee . june . this day ( according to former order ) praise god barbone made a speech to the judges appointed for this summer circuit , there was little in it : but the cheife thing he pressed was to desire them not so much to respect the letter of the law , as that of the gospell , for ( said he ) one is a killing letter , and you should be milde , and mercifull : the strictnesse and rigour of the law ( said he ) is like the skin of a beast , rough , and hairy , but when by mercifulnesse the hairs and brisles are shav'd off , and when by indulgency the hide is tann'd and dress'd and made smooth , that which before was profitable for nothing , serveth for many uses : the rest of the speech continues yet in brachygraphy at the citty-remembrancer's house . june . it was this day resolv'd by the councill of state that the people should not be wrong'd by lawyers exactions : and presently after the parliament voted that all england should be lawlesse , and free to what they pleased ; and that was voted , the liberty of the subject . june . the businesse of tithes having been long in consideration , it was now resolv'd upon , that all the good people of this common wealth should pay their tithes to the house , and some of the officers of the army , whereupon severall receivers were appointed , mr. speaker was appointed to receive all the poultry for the enlargement of his houshold provisions , excepting cocks , and sparrowes , which were received for henry martins , and the lord munson . the lord disbrow was to receive all the tithe corne , &c. june . this day was wholly spent in receiving and reading severall addresses and petitions , one being more remarkable then the rest i have thought fit to insert ; it was intituled . the humble petition of divers madmen and others inhabitants of bedlam in the county of middlesex , mr. speaker . your petitioners being very sensible of the great perills our nation is distracted with ; knowing also that from this house come all those taxes , and sequestrations , and many other things which make men mad , we out of a tenderness , and sense of our own condition , and your forwardnesse to be our benefactors , are heer assembled , to desire you that an act be immediately dispatched to remove , either the parliament-house to moor-fields , or our palace to your meeting-house , your petitioners ( with submission ) thinking , that there is like to be no diffrence betwixt ●s , it being also clear upon our spirits that madmen and ●ooles may shake hands without breaking the peace ; and truly gentlemen when the reckoning comes to be paid , you 'l find , that which will make you mad , if you were not so before : therefore ( my masters ) learne to swim for fear of drowning ; learne to swing for fear of hanging ; make one another rich ; give the divell his due ; live as long as you can ; and when you come to dye , goe to heaven and if you can tell how . and your petitioners shall ever pray him to prosper you , that set you on worke . at the bottome of the petition instead of names subscribed , one had sowed a straw on it ; another made or pinholes , a third made a great scrawle , every of the society according to his fancy . june . this day were read in the house the letters from . don pluto's court , directed thus , to our good servants , trusty and well-beloved drudges , promoters of our interest , the supream authority siting in parliament at westminster , so long as our self , and the army pleaseth . dated thus , june . . given at our palace upon the banks of acheron . june . the great work of this day was to indempnify all persons from the guilt of innocent blood who had an hand in cutting off the late king's head . after that passed , they resolv'd on an oath to be taken by the judges and other officers ▪ the oath was as followeth . you shall swear to be true , faithfull and constant to this common-wealth ( that is ) us and our heires without a single person , king-ship , or house of peers , till such as a single person shall govern again , and no longer . which was accordingly minished , and ( i beleive ) will be kept . june . this day bradshaw and sir henry mildmay petition'd the house to call in the king that one might condemn him , and the other have the crown jewell . june . . upon a petition against tithes it was resolved that the judges in their circuits tell the ministers that they shall have their tithes paid them still as formerly , till the parliament shall find it safer to take them away , and the companyes of schismaticks , and hereticks , augmented to such a considerable number , as may second such their proceedings against all gainsayers . june . . a letter was this last day read from h. cromwell late leivetenant of ireland , together with the letter was a pacquet which being open'd was found to be filled with irish birch , bound up in the fashion of rodds , and a paper which was fastned to one of them , with this inscription you may chastise me , if it seem good in your eyes . june . the house being idely disposed , spent the greatest part of this day in giving commissions to severall souldiers ; and receiving their complements . july . this very day the house made two serjeants at law , william steele and miles corbet , and that was work enough for one day . july . letters of credence from frederick king of denmark directed insignissimis reipub. angl. rebellibus in parliamento westmonasterii . dated in the tower of hafnae may , , were this day read . july . this day the house took into consideration the citty charter , and finding the present major not to correspond with it in regard of his want of a few haires on his face ; presently ordred the lord tichborn and one of the sheriffs to be plenipotentiaries to truck with the king of spaine for as many pair of whiskers as shall be requisite for some of the cittizens , and other well affected englishmen of the lord major's religion who are deficient in that particular . july . resolv'd . that the excise-men are publicans , and all but the parliament-members , sinners . resolv'd . that the farmers of the excise , and customes have deceived the people , and are unsufferable extortioners , for which cause , the parliament doth declare that , they shall be outed , it being found by experience to be true that , so many of one trade , as the house and they , cannot thrive by one another . july . at the councill of state . ordered . that whitehall be emptied in six days time ▪ and that within two dayes after , tagg , ragg and longtaile take possession . july . an ambassadour extraordinary from the emperour of the antipodes arriving this day at westminster was conducted from the court of wards by sir oliver fleming master of the ceremonies : his businesse was to bring the house tidings of the good amity , and league which his master desireth may be continued with england so long as the house shall sit . hampton court being ordered to be sold , severall chapmen came this day to the house to bargain for parcells thereof , and the cittizens in the first place paid lb for the inheritance of the horne-gallery , other customers onely ask't the rates , but bought nothing of it besides for that time . henry cromwell being come to the door the house haveing intelligence of it sent the serjeant at armes with his mace to attend on him to the speaker's chaire , where being come , he kneel'd down , and ask't the speaker blessing ; whereupon the house acquiescing in his good affections dismissed him . finis . by the council of state. a proclamation. whereas by an act of the last parliament, intituled, an act for dissolving the parliament begun the third of november , and for the calling and holding of a parliament at westminster the of april . ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the council of state. a proclamation. whereas by an act of the last parliament, intituled, an act for dissolving the parliament begun the third of november , and for the calling and holding of a parliament at westminster the of april . ... england and wales. council of state. sheet ([ ] p.) printed by abel roper, and tho: collins, printers to the council of state, [london] : [ ] title from caption and opening lines of text. date and place of publication from wing. "recites provisions of act for summoning parliament. no rebel in ireland, nor any one who has made war on parliament, nor their sons, may be elected. this to be proclaimed at the time and place of electing, before the elections." -- cf. steele. dated at end: wednesday march . . by the council of state at vvhitehal. annotation on thomason copy: "march. ". reproduction of the original in the british library. eng england and wales. -- parliament -- qualifications -- early works to . catholics -- england -- legal status, laws, etc. -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation· whereas by an act of the last parliament, intituled, an act for dissolving the parliament begun the england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the council of state . a proclamation . whereas by an act of the last parliament , intituled , an act for dissolving the parliament begun the third of november , and for the calling and holding of a parliament at westminster the of april . it is expresly declared and enacted , that all persons engaged in the late rebellion in ireland , and all who profess the popish religion , and all and every other person and persons who have advised , or voluntarily ayded , abetted , or assisted in any war against the parliament , since the first day of january . and his or their sons ( unless he or they have since manifested their good affection to the said parliament ) shall be incapable to be elected to serve as members in the next parliament . and whereas the council of state is given to understand , that notwithstanding the good provision that is therein made , and albeit the happiness and settlement of the nation is so much concerned in the observance thereof , yet divers persons more respecting private interests , and personal satisfactions , then publique safety , do intend , and endeavor to promote the elections of persons not qualified , as by that act is directed , to the violating of that law , and the perverting of those good ends of peace and establishment which are thereby aimed at ; therefore , according to the trust reposed in them for the due execution of the laws , and to the intent , those who have not been hitherto acquainted with the tenor and purport of that act , may be the better informed how far they are thereby obliged , and that they may avoid the penalty imposed upon the infringers thereof , the council have thought fit hereby strictly to enioyn , and require all persons any waies concerned in the election of members to serve in parliament , to take notice of the said act , and of the qualifications thereby prescribed as aforesaid , and not to do , or attempt any thing to the contrary thereof . to which purpose , the sheriffs and chief magistrates of the respective counties , cities , and borroughs of this nation , are required , at the times and places appointed for electing their knights , citizens , and burgesses , and before they do actually proceed to such elections , to cause this proclamation to be publickly read , and proclaimed in their several counties , cities , and borroughs , that none may have colour to pretend ignorance thereof ; in which behalf , the council shall expect a punctual compliance , and call those to a strict accompt who shall neglect the same . wednesday march . . by the council of state at vvhitehal . ordered , that this proclamation be forthwith printed and published . w. jessop , clerk of the council . printed by abel roper , and tho : collins , printers to the council of state . die veneris ⁰ martij, . upon reading this day in the house the several lists delivered in by the sheriffs of london and middlesex, the bayliff of the borough of southwark, the marshal of the marshalsea, and the steward of westminster, and their officers to whom it did belong, pursuant to an order of the twenty fourth instant, of the protections entred in their offices, in the names of any peers, or members of this house, and to whom they were granted ... proceedings. - - england and wales. parliament. house of lords. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die veneris ⁰ martij, . upon reading this day in the house the several lists delivered in by the sheriffs of london and middlesex, the bayliff of the borough of southwark, the marshal of the marshalsea, and the steward of westminster, and their officers to whom it did belong, pursuant to an order of the twenty fourth instant, of the protections entred in their offices, in the names of any peers, or members of this house, and to whom they were granted ... proceedings. - - england and wales. parliament. house of lords. sheet ([ ] p.) printed by charles bill and thomas newcomb, printers to the king and queens most excellent majesties, london : m.dc.xc. [ ] "the lists of protections delivered by the sheriffs of london and meddlesex, bailiff of southwark, ... were read (by order th inst.). all protections now given are voided. all protections must be entered in the parliament office at westminster by the clerk of the parliaments, stating the office held under the peer or member. the clerk is to give the house an account fo the first day of the session and every fortnight after the persons under protection. this order to be printed and published and hung up." -- steele. signed at end: jo. browne, cleric' parliamentor'. title from caption title and first lines of text. steele notation: deli- preventing are. reproduction of the originals in the guildhall library, london (early english books) and the british library (misc. brit. tracts). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords -- privileges and immunities -- early works to . great britain -- history -- william and mary, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris o martij , . upon reading this day in the house the several lists delivered in by the sheriffs of london and middlesex , the bayliff of the borough of southwark , the marshal of the marshalsea , and the steward of westminster , and their officers to whom it did belong , pursuant to an order of the twenty fourth instant , of the protections entred in their offices , in the names of any peers , or members of this house , and to whom they were granted ; after due consideration had of the numbers of persons therein protected and for preventing the like irregularities for the future , it is ordered by the lords spiritual and temporal , in parliament assembled , that all the protections which are now given by any peer or peers , or members of this house , be and are hereby declared to be null and void to all intents and purposes whatsoever ; and that for the future there shall no protection or protections be allowed to be good , valid , or of any effect , unless they be first entred in the parliament office at westminster ; and the protection so certified by such peer , or member of this house , shall be entred by the clerk of the parliaments , or his deputy ; and that in every such protection that shall be so allowed by the clerk or his deputy to be entred , there shall be mentioned in it the nature or quality of such person so protected , and what office or place he is in under such peer , or member of this house . and that no persons whatsoever may pretend ignorance herein , it is further ordered , that on the first day of the meeting of every parliament or session of parliaments , and every fourteenth day after in every such parliament , or session of parliament , the clerk , or his deputy , shall give the house an account of what protections are entred in the said office , and to whom they are given : and also , that this order be printed and published , and hung up in the offices where any such protections usually are entred . jo. browne , cleric ' parliamentor ' london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties . m. dc . xc . a worthy speech made in the house of commons this present parliament, . that parliaments are the onely way for advancing the kings affaires. that the restoring of the property of goods and freedome of the subject is a chiefe meanes to maintaine religion and obedience to his majestie. by mr. waller. waller, edmund, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a worthy speech made in the house of commons this present parliament, . that parliaments are the onely way for advancing the kings affaires. that the restoring of the property of goods and freedome of the subject is a chiefe meanes to maintaine religion and obedience to his majestie. by mr. waller. waller, edmund, - . [ ], p. printed for john nicholson, london : . annotation on thomason copy: " " with the zero crossed out; and " ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a worthy speech made in the house of commons this present parliament, .: that parliaments are the onely way for advancing the kings a waller, edmund d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a worthy speech made in the hovse of commons this present parliament , . that parliaments are the onely way for advancing the kings affaires . that the restoring of the property of goods and freedome of the subject is a chiefe meanes to maintaine religion and obedience to his majestie . by mr. waller . london , printed for john nicholson , . mr. wallers speech in the house of commons this present parliament . . mr. speaker , j will use no preface as they doe who prepare men to something to which they would perswade them and move their affections , i will onely propose what i thinke fit for the house to consider , and shall be no more concerned in the event then they that shall heare me . two things are considerable which i observe in his majesties demands ; first , the supply : secondly , our speedy dispatch thereof , touching the first his majesties occasions for money are too evident ; for ( to say nothing ) how are we neglected abroad , or distracted at home , the calling of this parliament and our sitting heere is an effect which no light cause could in those times have produced , and enough to make any reasonable man beleeve that the exchequer abounds not so much in money as the state doth in occasions to use it , and i hope we shall appeare willing to disprove those who thought to disswade his majesty from this way of parliaments , as doubting it uncertaine , and to let him see it is as ready and more safe for the advancement of his affaires then any new ( or pretended old way ) whatsoever . . now mr. speaker , for the speedy dispatch required ▪ which was the second thing , which not onely his majesty but ( res ipsa loquitur ) the occasion seemes to importune no lesse , nec●ssity is come upon us like an armed man , and yet the use of parliaments heretofore ( as appeares by the writs which call us hither ) was to advise with his maiesty of things concerning the church and common-wealth ; and mr. speaker , it hath ever been the custome of parliaments by good and wholsome lawes to refresh the common-wealth in generall , yea to descend into the remedies of particular grievances before any mention made of supply , looke back on the best parliaments and still you shall find that the last acts are for the free gift of the subjects on the peoples part , and generall pardons on the kings part , even the wisest of kings have first acquainted their parliaments , with their designes and the reasons thereof , and then demanded the assistance both of their counsels and purses . but mr. speaker , physitians though they be called of the latest , must not stomack it or talke what might have beene but apply themselves roundly to the cure . let us not stand too nicely upon circumstances , nor to rigidly post the matter of supply to the healing of our lighter wounds , let us doe what may be supplyably done with reason and honesty on our parts , to comply with his m●jesties desires , and to prevent the eminent evills that threaten us . but consider mr. speaker , that they who thinke themselves already undone can never apprehend themselves in danger , and they that have nothing left can never give freely ; nor shall we ever discharge the trust of those that sent us hither , or make them beleeve that they contribute to their owne defence and safety , vnlesse his majesty be plea●ed first to restore them to the propriety of their good and lawfull liberties , wh●reof they esteeme themselves now out of possession . i need not tell you , that the propriety of our goods is the mother of courage and nurse of industry , which makes us valiant in warre and good husbands in peace , the experience i have of former parliaments , and my present observations of the care ye country hath had to choose persons of worth & courage makes me thinke this house like the spartans whose forward valours required some faster musique to allay and quiet their spirits , too much moved with the sound of martiall instruments . it is not the feare of imprisonment or ( if need be ) of death it selfe that can keepe a true hearted englishman from the care to leave his part of the inheritance as intire to posterity as he received it from his ancestors . this therefore let us first doe ( and the more speedily ) that we may come to the matter of supply , let us give new force to the many lawes which have beene heretofore made for the maintaining of rights and priviledges , and to restore this nation to the fundamentall and vitall liberties , the propriety of our goods and freedome of our persons ; no way doubting but that wee shall find his majesty as gracious and ready as any of his royall progenitors have been to grant our just desires therein , for not onely the simplest doe thinke but the wisest doe know ; that what we have suffered , we have suffered for his ministers , but the person of no king was ever better beloved of his people , and that no people were ever better satisfied with the wayes of levying of monies are two truths which may serve to demonstrate the other , for such is their occasion to the present courses , that neither the admiration they have of his majesties inclination to justice and clemency , nor the pretended cont●nt of the iudges could willingly submit themselves to this late tax , and such is their naturall love and just esteeme of his majesties goodnesse , that no late pressure could provoke them nor any example invite them to disloyalty or disobedience . but what is it that hath bred this misunderstanding betwixt the king and the people , how is it that having so good a king we have so much to complaine of ? why mr. speaker , we are told of the sonne of solomon that he was a prince of a tender heart , and yet by the advice of violent counsellors , how rough an answer he gave his people , that his finger should be heavier then his fathers loynes . i dare say , that it was not his owne but the voyce of some persons about him , that wanted the gravity of moderation requisite for the counsellors of a young king . i love not to presse allegories too farre , but the resemblance of iobes story with ours holds so well , that i can not but observe it to you : it pleased god to give his enemies to afflict him , and yet he was no● provoked to rebell against him so much as with his tongue ( although he had no good example of one that lay neere him ) and felt not the halfe which he suffered . i hope his majesty will imitate god in being neere it too , and as he was severe to iob onely whilst he discoursed with another concerning him , but when he vouchsafed himselfe to speake to him , began to rebuke those who had mistaken and misjudged his case , and to restore the patient man to his former prosperity : so now his majesty hath admitted us his presence and spoken face to face with us , i doubt not but we shall have fairer dayes and be as rich in the possession of our owne , as ever we were i cannot but wonder at those who seeme to doubt the successe of this parliament , or the misunderstanding betwixt the king and the people should last any longer now we are so happily met . his majesties wants are not so great but that we may finde meanes to supply them nor our desires so unreasonable or so incompatible with government , but that his majesty , may well sat●sfie them , for our late experience i hope will teach us what roc●… to shun , and how necessary the use of moderation is , and for his majesty he hath had experience enough , how that prospereth which is gotten without the concurrent good will of the people , for never more money was taken from the subject , nor never more want in the exchequer , if we looke upon what we have payd it is more then the people of england ever did in such a time , if wee looke upon what hath beene effected therewith , it seemes wee have acted the belides part , whose punishment was the filling of a sive with water : whosoever gave advise for these courses hath made good the saying of the wise man , qui conturbat domum suam possidebit ventum , by new wayes they thinke to accomplish wonders , but in truth they grase the wind and are in the meane time ambobus achilles , cruell to us and to the king too , for let the common wealth flourish and then , he that hath the soveraignty can never want or doe amisse so as he governes not according to the interest of others , but goe the shortest and safest wayes to his owne and the common good with regard how they stand in order to any private mans desires or preservation , the kings of this nation have alwayes governed by parliaments : if wee looke upon the successe of things since parliaments were layd by , it resembles that of the grecians , ex illo fluere & retro sublapsa referri res danaum , especially in the subjects part , for though the king hath gotten little the subjects have lost all ; but his majesty shall now heare the truth from us , and we shall make to appeare the errours and wandrings up and downe of our divines , who would perswade us that a monarch can be absolute , and that the king may doe all things ad libidinem ; receding not onely from their text , though that be a wandering too but from the way which their owne profession might teach thēstare super vias antiquas , & remoove not the ancient bounds and land markes which our fathers have set . if to be absolute were to be restrained by no lawes , then can no king in christendome be so , for they all stand obliged to the lawes of christians , and we aske no more , for to this pillar are our priviledges fixt , our kings at their coronation taking a solemne oath , not to enfring them . i am sorry these men take no more care of informing our faith of those things which they told us for our soules health whilst we know them manifestly in the wrong , in that which concernes the libertie , and priviledges of the subjects of engl●nd ▪ but they get promotion and preferment , and then it is no matter though they neither beleeve themselves nor are beleeved of others : but since they are so ready to let loose the consciences of our kings , we must be the more carefull to provide for our protection against the pulpit law , by declaring and reinforcing the municipall lawes of this kingdome . it is worth the observing , how now this opinion or rather this way of rising is ever amongst themselves & , yet mr. hooper who sure was no refractory man ( as they tearme him ) thinkes that the first government was arbritary , vntill it was found that to live by one mans will , became the cause of all mens miseries , and that this was the originall of inventing lawes ; and mr. speaker , if we looke further back , our histories will tell us that the prelates of this kingdome , have often been the mediators betweene the king and his subjects and to present and pray for redresse to their grievances , and had then as much love and reverence from the people as now they want ▪ but these preachers are more active then their predecessours , and wiser then the lawes , who have found out a better forme of government , the king must be a more absolute monarch then any of his predecessours , and to them he must owe it though in the meane time they hazard the hearts of his people and involve him into a thousand difficulties ; for suppose the forme of government were convenient ( yet this is but a supposition ) for these yeares it hath not onely maintained us in safety , but hath made us victorious over other nations : but , i say , suppose they have another idea of one more convenient , we all know how dangerous innovations are , though to the better , and what hazard those princes run that enterprise the change of long established government . now mr. speaker , of all our kings that have gone before , and of all that are to succeed in this happy race , why should so good and so pious a king be exposed to this trouble and hazard besides that kings so diverted can never doe any great things abroad . but mr. speaker , whilst these men have bent their wits against the lawes of their country , whether they have neglected their owne charge , and what tares are growne up in the field , which they should have tilled , i leave it to a second consideration , not but that religion ought to be the first thing in our purposes and desires ; but that which is first in dignity is not alwaies to preceed in order of time ▪ for well being supposed a being , and the first impediment which men naturally endeavour to remove , is the want of those things without which they cannot subsist . god first assigned unto adam maintainance of life , and gave him a title above the rest of the creatures before he appointed him a law to observe , and let me tell you , that if our adversaries have any such designe , as there is nothing more easie then to impose religion on people deprived of their liberties , so there is nothing more hard then to doe it upon free-men ; and therefore ( mr , spe●ker ) i conclude with this motion , that an order may be presently made , that the first things this house will consider of , shall be the restoring this nation in generall to its fundamentall liberties , the propriety of our goods , and the freedome of our persons , and that then we will forthwith consider of the supply so much desired , and thus we shall discharge the trust reposed in us by those that sent us hither , his majesty will see that we will make more then ordinary haste to satisfie his demands , and we shall let all those know , that seek to hasten the matters of supply , that they will so farred ●●lay it , as they give interruption to the former . finis . a speech spoken by sr. thomas wroth knight, in the honourable house of commons: vpon his delivery of a petition from the knights, gentlemen, and freeholders of the county of somerset. february . . together with the petition of the said county then delivered. wroth, thomas, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason e _ thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ], :e [ ]) a speech spoken by sr. thomas wroth knight, in the honourable house of commons: vpon his delivery of a petition from the knights, gentlemen, and freeholders of the county of somerset. february . . together with the petition of the said county then delivered. wroth, thomas, sir, - . [ ] p. printed for h. s., london : . thomason e. [ ] has the caption title: "to the honourable the knights, citizens and burgesses of the house of commons, now assembled in parliament.". annotation on thomason copy: " ". reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons. speeches, addresses, etc., english -- early works to . somerset (england) -- history -- sources -- early works to . great britain -- history -- civil war, - -- sources -- early works to . a r (thomason e _ e _ ). civilwar no a speech spoken by sr. thomas wroth knight, in the honourable house of commons:: vpon his delivery of a petition from the knights, gentleme wroth, thomas, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honourable the knights , citizens and burgesses of the house of commons , now assembled in parliament . the humble petition of the knights , gentlemen , freeholders , and other principall inhabitants of the county of somerset in behalfe of themselves and many thousands of their county : sheweth , that whereas in stead of a setled peace and safety ( the long expected fruit of your faithful endeavours and our cheerefull contributions ) great distractions and dangers are dayly multiplied and increased , threatning the utter disappointment of our hopes , & the overthrow of the very foundation of our weale and liberty , to our extreame griefe and sorrow , especially for the late breach of the priviledges of parliament upon your persons in an unparraleld manner , by the wicked counsels and devises of a malignant party ( as we conceive ) of popish lords and bishops and others . we being struken with the sence and horror of so desperate a mischiefe , do hold it high time to declare the sincere and ardent affection of our hearts , which we are ready to seale with our purest blood , in defence of our religion , his sacred majesty , our deare country ; and that which is the life of our liberty , the rights and priviledges of parliament . may it therefore please this honourable assembly to assist the earnest desires of your petitioners , that all priviledges of parliament ( the inheritance and safety of the subject ) may be made firme , that popish lords and bishops be forthwith removed from voting in the house of peeres , that all evill counsellors and other delinquents may receive condigne punishment ; that a sufficient remedy be provided against the scandalous ministers , that to secure us from all home●●●● and forraigne practises , this kingdome be 〈…〉 put in a posture of defence , and that 〈…〉 efe and safety of our distressed brethren 〈…〉 and be effectually prosecuted . and we shall incessantly pray , &c. observations upon a late libel, called a letter from a person of quality to his friend, concerning the kings declaration, &c. halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) observations upon a late libel, called a letter from a person of quality to his friend, concerning the kings declaration, &c. halifax, george savile, marquis of, - . p. printed for c.m., [london : ] caption title. attributed to george savile, st marquis of halifax, by the editor and in a manuscript note on the copy in the library of trinity college, cambridge. reproduction of original in huntington library. satiric comments upon the whigs' reaction to the dissolution of the oxford parliament. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : charles ii). -- his majesties declaration to all his loving subjects. letter from a person of quality to his friend, concerning his majesties late declaration. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - aptara rekeyed and resubmitted - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion observations upon a late libel , called a letter from a person of quality to his friend , concerning the kings declaration , &c we live in an age where ill humor and malice to the government do so prevail , that men rail without any manner of distinction , and without examining what things are good or bad in themselves ; there seemeth to be no other rule allowed by one sort of men , than that they cannot err , and the king cannot be in the right : this general maxim is so easie , by taking the trouble of any further enquiry , that no wonder if it is cherished and entertained ; and those who are so prepossessed , are ready to turn the best things to a wrong sense , and to receive such an interpretation of every thing that comes from the court , as their misleaders are pleased to impose upon them . the wiser sort of them knowing nothing is so destructive to their ends , as that the government should take such measures as might silence their objections , have an interest to blast every thing that is done on that side , and to disfigure with the colours they put upon them , all such things as might undeceive the people , and reconcile them to the crown ; for at the same time they appear so eager to have grievances redressed , their more secret prayers are that they may be increased : if the court maketh any false steps , or giveth any provocation , it raiseth noise and clamour , the voice against it is loud ; but the killing grief that afflicteth them inwardly , and galleth them to the soul , is ▪ when the king doth a gracious or a plausible act to the publick . of this there cannot be a greater instance than their being so afflicted at the kings late declaration : it was an evidence of their grief , that it was so long before they answered it : it was received with a silent indignation that the court should presume to out-argue them ; and though they had rage enough to rail , yet they were for some time restrained from their usual dialect by the reverence that is due to reason , even when it is contrary to our passions or interests . at last when they saw the effect it had in the nation , and being not without reason apprehensive , that mens eyes might be so opened as to see them through their popular disguise , they thought of two ills , it was advisable to chuse the least ; and rather than lie under the general reproach of having nothing to say , they chose to venture a reply , though they could not make a good one , presuming upon the success they had met with in their imposing upon the world , and believing it would be so favourably disposed on their side , that where their false arguments could not pass , they would at least be connived at . this being after more than one meeting resolved at a consult , out cometh a letter to a friend , which of late signifieth little less than a proclamation set out by the authority of the high and mighty conservators of england , there is only this difference which is for their advantage , that if these letters take in the world , they are imputed to the wisdom of these great governors ; if not , they are easily laid upon some foolish fellow that would be scribling ; by which means the veneration due to these princes of the people remains unblemished and entire . this coming with other pamphlets to me in the country , i was tempted to make some short observations which are submitted to the censure of the unbyassed reader . first they are troubled , that though parliaments are frequent , they are short and useless . the king hath done his part in calling parliaments often , for which he is to be thanked ; except it can be made evident it was his fault that they were of no longer continuance : so far from that , it is plain these men who complain have been so much the cause of the late dissolutions , that one would swear they designed to provoke the king to them , and that he hath had in these cases so much patience , he can hardly answer it to the nation , whose peace he is entrusted with and bound to preserve . the excesses of the commons were beyond the cure of lower remedies , and there was no other choice left , than either to part with the parliament , or let the two houses continue sitting in a state of hostility hardly possible to be reconciled ; of which the consequences are so obvious , and might have been so fatal , that we are to thank god the constitution of the government hath lodged this necessary power in the crown to preserve us from ruine upon such occasions . but fain they would have parliaments sit as long as they please , and i cannot blame them , authority is sweet ; and a member of parliament that would have us believe he bringeth all the sense of his country or corporation along with him , cometh to teach the king better manners , and to advise him to keep better company . i say for such a dignified creature as this is , by one word of the kings mouth to be reduced into his own single self again , is so cruel a change , that no wonder if men so degraded are angry at it , and would be glad , instead of being as little men as their neighbors , to gain that superiority which nature denied them , by virtue of an authority to continue for their lives . it seemeth then by this , that a long parliament is not in it self a grievance , for now they would have one that they think their party shall prevail in it . and it is observable that those who were for the first long parliament , and against the second , are now the chief men that would have a third : how far this should recommend the opinion either to the king or the nation , i leave every man to judge ; but to do these men right , they are for the present so modest they will not speak out , so i will do it for them . the little thing they would have is a house of commons that may do what they will ; how they will , and as long as they will , that is for ever , whether the king liveth or dieth , they must not be discomposed , nor their authority interrupted , for i would fain know where lieth the real difference between having a parliament sit for ever , or till all grievances are redressed : the distinction will be very nice in an age where it is treason against the people not to grumble against the government . these rich mines of fears and jealousies can never be exhausted in our time , so that the workmen are sure not only to be employed for their lives , but to secure their posterities being so after them . the monarchy in the mean time would be in a good case to be under the continual wardship of such severe guardians ; and these very gentlemen who have upon another occasion affirmed that the very name of king must of necessity carry the authority along with it , would not fail to give a full instance to the contrary , if they could ever catch our master in the net of a perpetual parliament . they are troubled that the declaration should be read in churches , from which this observation naturally ariseth , that they apprehend the making it so publick , may both expose them , and do the king right to the people ; else sure they would not of a suddain be so well natured , as to discourage the reading it , if they had thought the weakness of the argument might have brought any disadvantage upon the king. this paper hath laid down maxims that are very new in our constitution , the king can make no ill orders because they must be by advice of his council . this is a new government , and the monarchy put so much into the venetian shape , that a man would have much ado to distinguish them . it will be granted that the king is to hear the advice of his council , but for him to be bound by it , would make that greater than the parliament ; where if the king hath right to refuse any bill that is offered , sure he may in council reject any opinion . i am confident it is not their meaning to attribute such an authority to the present council ; i am persuaded it is far from their thoughts to wish the king should be swayed by a number of men who are so little in their favour , and especially since it wanteth the help of those whose abilities and other vertues in their opinion did formerly support it . this complement must therefore be intended for another council , a confiding council that is to be made up with the rest of the new model , we may suppose is prepared against the bill of exclusion is pass'd , and then they do not care how much power they give to themselves , or take away from the king. to excuse the not giving money for tangier , they pretend they could not be secure of its being disposed to that use . it is hard they should expect the world should believe them in this , when it is certain they do not believe themselves . the experience we have had in our own time may sufficiently convince them of the injustice of that objection ; and to say paper laws are nothing , is to say our liberties and properties are nothing , since we hold them chiefly by that tenure : but the truth is , these men would impose upon us , that an act of parliament will secure nothing they do not like , and do every thing they have a mind to : for instance , an act for excluding the duke is all-sufficient . an act for limiting him impossible . an act of exclusion will secure all . all other laws are but cobwebs not to be relied upon . these riddles are delivered to us with such authority , that we are to receive them as oracles , and it is become a mortal sin for any man to question the sense of them . this slender way of reasoning being so openly liable to consutation , and the disguise so thin that every body must see through it , they have recourse to that common place , the plot , for a butteress and a support to arguments that are too weak to bear up themselves . it is a retreat when they are beaten in dispute , an answer to any question at a pinch ; it is but saying there is a horrid plot against our religion , the kings life is in danger , the pilgrims are coming from st. jago , and the earl of shaftsbury is to be murthered , and the popular champion triumpheth without the help of sense , against his adversary . that there hath been a plot , is as certain , as that the men who most exclaim against it are of all men living the most unwilling to part with it : they cherish and nurse it up with more care than the jesuites themselves ; they hug it so fast , that it sheweth how much they value it , as the dear instrument they make use of to destroy the government . the day of judgment would not be much more terrible to some men , how little soever they are prepared for it , than that day which should wind up the bottom of this beloved plot , that men might come into their wits again . ungrateful men then , that speak ill of the only thing in this world that supporteth them ; but the good men in their hearts are far from meaning it any harm . were the plot once over , the earl of shaftsbury would be quite degraded , lose his respect at wapping , and his authority in the coffee-houses . his lordship would put off his dissembling-shape , and in this be a true mourner : for never man could have a greater loss , and no doubt it would out of grief make him retire into some hidden corner , rather than see himself reduced to the miserable necessity of being quiet for want of sufficient matter to trouble himself and the world with ; so that when these men pretend to desire an end of the plot , it is a jest fitter for a smile than an answer . it is said dangerfield was a rogue , granted , and yet as i hear , this rogue was brought into both houses just before the debate , to whip them up into the bill of exclusion , but now they tell a very strange thing , which is , that dangerfield is become truly honest . it is much , and in my opinion , it is a lower kind of transubstantiation to believe dangerfield is honest , when nothing in visible but the knave . that this man should be made honest would be a mighty cure , and such a one as some of his doctors would be loth to work upon themselves . in the mean time i cannot but put them in mind that it looketh a little popish , not only to give a general indulgence to such a known sinner , but immediately to make a saint of him . if the gathered churches can do such miracles , it is well , but if they should endeavour to put false ones upon the world , it might disparage their prudence , and lessen their reputation ; of which i am so tender , that in kindness to them i give them this warning of it . it is true that in some respects the maxim is not inconvenient for these good men , that there can be neither fools nor rascals on their side , and that the being of their opinion , like the crown , taketh away all defects : by virtue of this charm dr. oats is a divine , mr. mountague a protestant , lord lovelace a saint , sir thomas armstrong a patriot , and sir harry capel a statesman . i cannot but take notice of the fears the earl of shaftsbury hath for himself , and in good nature would be glad to ease him of them ; in order to it , i beg of him to believe the papists are as tender of his life , as his lordship is of the plot : and for the same reason , because he is of use to them , he hath absolutely saved them by spoiling a good plot , and dressing it so scurvily by the help of his under-cook , that now it maketh even the best mens stomachs rise at it . he serveth up things so much above the strongest digestion , that few men can be persuaded to swallow them . so that a man may affirm , that if it was a folly in the papists to kill sir edmond godfrey , it would be a madness in them to hurt the earl of shaftsbury . these gentlemen are angry with the guards which are so illegally kept up . pray since when are they judged so ? is it only since the duke of monmouth was put away from them ? strange ! that since that time there must be such a change , that he must be made lawful , and they illegal . it must be confessed , that next to the laws , the guards are the things of the world these men most hate : fie upon them naughty fellows , rhey stand between them and home . the good men would fain have a safe victory , and do their business without venturing their skulls . for would it not be a cruel thing for an honest well-meaning mutineer for his zeal to destroy the government , whilst he is about it , to have his brains knockt out ; and so lose the benefit of spoiling the aegyptians . verily it is much better to have the guards down , that he may walk into whitehal with less peril of his person , and help to remove the dukes creatures out of all places military and civil . for be it known to all men by these presents , that the duke is more dangerous to us as he is the great minister of state , than as he is the next successor . say you so , gentlemen , men guessed before this was your meaning ; but i am sorry for your sakes you are so unwary as to discover it : why such earnestness to remove the successor , when the danger is confessed to be greater from the minister ? come , speak out , the position is , the duke governeth all ; consequently every man in employment is his creature , for that they are to be turned out , and these gentlemen taken in : the design is well enough laid , and would to them more good than the bill of exclusion , which is but a pretence , and a thing fitted for other ends : but they did not do well to blab this out before it was time , it is a thousand pities the scheme should not take , but i very much doubt it as things now stand , which is to be lamented , that the good men should have taken so much pains , and all likely to be to so little purpose . after having arraigned the declaration , they come to justifie the proceedings of the commons in the two last meetings , and speaking of some of their addresses , say , the nature , and true state of affairs would not bear a milder way of representing things to his majesty . let them speak truth , was it not rather the nature of those men , whose pride and anger made them delight in handling the king roughly , and persuade the house , when they were asked what should be done with tangier , to answer with popery and a remonstrance . in the mean time i admire the caution of those wise and good men , who as the paper saith , thought the commons had gone too far , insomuch as mentioning money till our safety was fully provided for . they must be very jealous that could suspect any such danger ; for besides that we are very safe in the management of those that led the house , who no doubt will ever have a most particular care of us in these cases ; one may assure the wise and good men of a further and better security , which is , that the government is not yet so low as to sell it self so cheap . as for what the commons proposed , when-ever they have a mind to deal , it is to be hoped they will offer some more equal bargain , than to demand from the king the whole power of the crown both civil and military , and to propose from themselves things so general , and so low , that the supreme wisdom of the nation could hardly be thought in earnest when they offered them . it is added for a further excuse that jealousies easily arise amongst numbers , which is enough to hinder any intended agreement . the answer to this is , that it is true , there did arise some jealousies , that the promoters of an agreement with the king did not forget themselves in it ; but the gentlemen who were concerned being sensible of it , did for their vindication procure a solemn vote , that no member of the house should receive any place from the king without the leave of the house , which was so perfect a cure for jealousie , that they are unjust to be against all expedients , after this had been so prosperous . i am half in a rapture , when i think of this glorious vote , worthy to be written in letters of gold , and impossible ever to be enough commended : by the first part of it they shewed their self-denial , and by their second their deference to a house they thought at least they governed . great men sure they must be , and blessed with so happy genius , that could so mingle their discretion with their generosity , as at once to gain honor , and provide for their interest . the answer to the kings charge upon them for their arbitrary orders , is so weak and faint , that it cometh very near a confession of their guilt in it , and it would be unkind to press them too hard in that which they themselves seem to be ashamed of . i will only take notice of one expression , which is , that they have erred with their fathers . if this is not true , it is no good argument : and if it is true , they must allow it to be as good a one for the papists , as it is for the commons . they come next to support their votes against particular persons , and do very boldly assert it may be made good by law ; the king ought to have no person near him who hath the misfortune of such a vote upon him . great lawyers no doubt have their part in this assertion : but they who in so many cases dispute the authority of the crown , must allow men in this to demur to theirs ; and i am troubled that a vote of the commons must be called a misfortune ; because it looketh as if chance or sudden heat , rather than the deliberate debates and justice of the house had produced it . where there is a setled rule , and that right only prevaileth , as mens guilt maketh them fall , so their innocence absolveth them . but if men must depend upon their good or ill stars , or upon the waspish humor of an assembly when an angry planet reigneth , the consequence is , that a man though never so faultless may by misfortune without guilt be transformed by a vote , into an enemy of king and kingdom ; that is to say , into a man fit to be knocked on the head , and the murtherer to be rewarded as the law formerly directed for killing a wolf ; and yet god forbid one should think the commons intended him any harm . well , but if the house declareth they have just reason to fear such or such a person dangerous , must there be order and process of law before he can be removed ? when the commons have just reason to fear such a thing , it is to be hoped the whole house knoweth that just reason , or else they would not vote it : when-ever therefore they will tell that just reason to the king , he is to blame in case he findeth it so , if he doth not comply with them ; but if he judge otherwise , he hath as much right to refuse , as they can pretend to have to ask . but if it must be so , that not only the real , but the pretended fears of some angry men , who may have influence enough to mislead an assembly not sufficiently informed , are to have such an authority , that the kings negative to them is disallowed , it is such a change of the constitution , that the legislative power is wholly melted down into one of the parts that hath yet no power to do any act that is binding without the concurrence of the lords , and the kings royal assent . this doth so much out-go even our modern plato , that it will be a harder matter than perhaps these gentlemen think , to get either the king or the nation to consent to it . men are not so well edified with the practice of the commons in this last age , or the justice that hath been usually distributed by their sovereign committees , as to devolve the whole power into their hands , thinking it much better lodged where it is by the present constitution . but it is said the commons by their late methods do not fine men , nor deprive them of life , liberty , lands or offices beneficial . i would first ask , is it not a fine , and to many men the worst kind of fine , to be excluded from the lawful advantages every subject is born to . would not a merchant think it a fine , if he were sentenced never to go to sea again ? or to come nearer , would not these very men of law who will have this pass upon us , take it unkindly , and think it a fine , if they were excluded from all practice ? 't is true , if they would always argue for their clients ; as they do now for the commons , their loss perhaps might not be very great ; but presuming better things of them , i conclude the sentence would be very heavy , and that they would think it so . concerning life , if the definition of an enemy to king and kingdom is certain creature that is not fit to live , then the commons have done all they can to take away the lives of those they have so sentenced , except they had sent a select committe to strangle them , which had not been so convenient till the laws are removed , which would have made it murther ; so that they must either say that a man who doth what lieth in him to kill me , meaneth no hurt to my life , which is but indifferent sense ; or they must confess there was plain murther in the intention of those votes . for to borrow their own stile , it may be resolved by the authority of impartial reason , that whosoever voted any of those persons enemies to king and kingdom with any other intent than that the said persons should be absolutely destroyed , is a mad-man , an ideot , a promoter of lunacy , and an enemy to common sense . then for liberty , see whether that is touched or no. if liberty signifieth a power of doing every lawful act , and that it is a lawful act for every subject to have access to his prince , then without some act committed to forfeit that common right , it is a wrong in any one man , or any number of men to address to the king for the incapacitating any one man in this case . sure men will not say our liberty is not invaded except we are thrown neck and heels into a dungeon . it is a tenderer thing than that cometh to , and it hath been formerly judged even by a house of commons , that mens being sent away against their wills upon forein employment , was a confinement . by this it may appear that it is possible to make an unjust demand as well as to give an unjust sentence : and though the king hath power to refuse any thing that is asked of him , whatever some men would persuade us to the contrary , yet that doth neither absolve the commons , nor any other man from the guilt of making a request that is not just , nor from the folly of making one that is not pertinent . let us see now whether even mens lands would not have been reached by these votes , if these good gentlemen might have had their will ; for by the same rule that a true protestant jury must have been directed by them not to find it murther in any man to kill an enemy to king and kingdom , they must upon any dispute of title of land , give it without going from the bar against any man so branded and proclaimed . sure a french or dutch-man , at a time when they are in open war with us , would hardly hope to carry a cause against an english-man in westminster-hall ; no more is a man to pretend , whilst under a character that putteth him into a state of hostility with england , to keep up a suit against a neighhor , or expect the benefit of the law , which is to give no protection to publick enemies . as to offices beneficial , it must be confessed they shew some gentleness at last , and give so much indulgence to those they have displaced by their votes , that i do not see but any of them may upon due application , and expressive and fit remorse for the insolence of resisting their high and mighty pleasure , be admitted to be a constable or headborough in wales or cumberland , or some such unexpected office in which the publick state affairs are not immediately concerned , where they may exercise their magistracy , and enjoy their dignity without prejudice to the nation . this grace seemeth the fitter to be acknowledged , not only because it is perhaps the first evidence that party hath given of their good nature , but because they do in this deal more gently with those against whom they have voted , than they do with his majesty himself as well as they love him ; for by what i can perceive , the king is only to eat and drink , and perform some offices of nature . they are kind men ; but it was not artificially done to leave it out , that a king is to have some pocket-money for play things , since it is but reasonable for them to use a thing kindly , which if they can have in their power , they intend to make so good use of . that wise and great princes have sometimes hearkened to addresses of this kind , is not truer , than that they have oftner denied them : for the king to do in all cases like a wise and a great prince , as it is a general proposition , all who do not know him have reason to wish it , and all who do have very good grounds to hope it . but as far as one sort of men may be concerned in their own particulars , i guess wrong , if it would not be too fatal a thing to them ever to joyn in prayer for it . the votes to forbid men to lend the king money , are to these mens thinking not only justifiable , but very wise ones too . these are epithetes which it seemeth belong to every thing they do , or else i would ask where is the justice of doing that for which they have no authority , or the wisdom of doing that which hath no effect ; only it sheweth their good will , by throwing the greatest indignity they could upon the government . men will lend still notwithstanding this mighty vote , and perhaps upon easier terms than these gentlemen would require for any money they part with in parliament . in the mean time would these equitable men take it well , if by their example the king should send to all the burroughs and counties in england not to chuse such and such men , nor to trust those with a share in making laws , who have in the late parliaments assumed to themselves the priviledge of breaking them ? the argument is at least as strong on the kings side , without any complement to majesty , as they can pretend to make theirs , upon the pretence of distrust , or the mis-application of the publick money : and yet i persuade my self , they would hardly allow such a proceeding , or commend it , as they do their own , to be wise and justifiable . they take so much care of the houshold , that one would ordinarily suspect they had some correspondence with the discontented reformadoes of the green-cloth . i who live in the country will never speak against the smell of beef , no more than i will recommend that of match to be at white-hall instead of it : but i am far from apprehending the country farmer to be concerned in the late retrenchments ; for ever since the tables were removed out of the hall , and the brewis turned into fricassees , they have lost their part in them , and especially since the kings coming in , not only the country farmer , but the country gentleman ; and if you will the country lord too might have been shrewdly disappointed if they had depended upon the hospitality of the white-staves for a dinner : that whole business was brought into so unpopular a shape , that the nation will hardly take up arms to restore three or four tables ; they are rather pleased to see them put down , since they were so transformed , and wholly altered from their first institution . the bankers are called the bane of the nation ; if so , i have a great mind to believe , if it was possible ▪ it was for that reason alone , the earl of shaftsbury broke them . i never was partial to that sort of men , and so will leave them to make their own apologies : but i must say , it seemeth a little hard to me to make these positions , the bankers nor any body else must lend the king money . the kings wants are only to be supplied by parliament . the parliament is not to give the king a farthing . these laid together , have in my judgment a very odd appearance : ay , but the king shall have money enough upon good terms from the parliament : shall he so ? these good terms are to come ; for those that have hitherto been offered are so far from tempting , that they may rather fright the king from dealing with the same chapmen . would these gentlemen grow a little kinder and treat for a mortgage of the crown , allowing equity of redemption , it might incline the king to hearken to them ; but by all that appeareth yet , we may conclude nothing less will satisfie than a total surrender and passing away his title to them . in the case of eliz. it is pretended the commons did not assume the power of suspending acts of parliament : what was it then ? they did a thing they had a mind to in a manner they cannot justifie ; they have as much right to make a law , as they have singly to declare what is law : but because they seem to give up the cause by the flatness of their answer , i will only add , that as their zeal in this case transported them beyond their bounds , it is to be hoped , time and second thoughts will reduce them to a better temper against the next meeting . in mr. fitz-barrls's case it is said the commons could not come to a conference before they came to a resolution : suppose it , what then ? must that resolution of necessity produce such votes ? if they had upon a cool debate resolved that they were in the right , and sent to confer with the lords either to have brought them to their opinion , or laid it aside if the lords could have used arguments strong enough to convince them , they had prevented all objection . but to say the commons could not resolve this amongst themselves without such injurious and unparliamentary terms as they were pleased to make use of in their votes , is to say , if i have a difference with another man , and would discourse with him to compose it , i must needs for the better asserting my own right , send him word beforehand , he is a rogue and a villain , as a fitting preliminary for a friendly conference in order to an agreement . for their votes upon this occasion have , as much as in them lay , put the house of lords under an interdict , and fixed such a character upon their whole body , that if were not a little sanctified by that chosen remnant of protesting lords , i do not know but it might bear an action , to be called by the scandalous name of a peer , after a sentence that putteth all the lords in as i● a condition as those few that in the former parliament they bestowed their votes upon . how much soever these gentlemen may flatter themselves in this matter , i can assure them , we in the country understand it otherwise than they would have us : for by the infinite heat and strugling to put off his tryal both in and since the parliament , and by the character of the persons who principally appear in it , we are apt to conclude so warm a contention must be grounded upon something very considerable ; and we take it to be , that could this point be gained , men might either speak or act treason with impunity ; and that would be of such excellent use to some men , that no wonder if they are very earnest to compass it . i am very glad to hear there is nothing to be said for those angry men who have particular designs ; if any thing could have been said , i am confident it might concern some of those who have had a hand in this paper , so far as to have persuaded them to venture at their apology . there is an assertion made with the modesty and truth which belongeth to their party , viz. that all who are out of their places might have kept them . if i am either rightly informed , or may be allowed to guess from what they deserved , it is perhaps the only excuse those men have for their ill manners , that from the prospect they had of being turned out , they chose to prevent the kings justice , and to gain popularity , by endeavouring asmuch as in them lay to threw the affront upon him . the court hath long lain under the scandal of popery , but it was news to me that they were for a common-wealth too : this is so very unlikely , that for the sake of our religion which dependeth so much upon their credit , i must give them warning to be a little more cautious in their accusations , and take care that one part of their charge may agree with another ; else as it happeneth to their mufti dr. oats , men will be tempted by their alledging things impossible , to have doubts even of that part of their evidence which may be true . the last paragraph telleth us how we shall be happy ; and the king be himself . i was eager to know this receipt , having a great mind for my own sake , and for every bodies else , to have such a thing compassed ; but by taking the sense of the words as well as i can , it is no more than this in short : all will be well if the king will be entirely governed by the house of commons ; for we know they alone signifie the parliament , as they have more than once given us to understand by their votes : and that their advices are to be commands , is no more a doubt , than that their orders are to be laws . i shall give no answer to this , but may be permitted to guess the kings will be 〈◊〉 roy s'avisera . in the mean time i have so great a desire to be happy my self , and that the nation may be so too , that if any thing may be received under the unwelcome name of expedients , i would beg leave to offer a few to their better consideration . i. that no man who hath by notoriety of the fact within seven years last past promoted or connived at popery , be thought now in earnest when he bawleth against it , or ever be admitted into publick employment . ii. that no man who hath principles against all kings , may pretend to advise ours . iii. that none who would have places for themselves , shall have any vote to put others out of them . iv. that none who have thought fit to leave the council , should ever so disparage themselves as to return into it . v. that none may ever be thought fit for counsellors , or any other employment , who have so little wit as to expect the nation should be angry with the king , because they are afraid for themselves . vi. that no member of either house who in former parliaments never consulted his conscience , be now allowed to be a martyr for it . vii . that no man who is a known ass in his own business , may be thought fit to meddle with the kings . these things being granted , it is clearly my opinion , the king should stick at nothing the next parliament can ask of him . mens minds would be so quieted when they saw a foundation laid of such impartial justice , that we might hope for peace and union ; and when the vizzard of popularity is taken off , to see england look like it self again . this is to be desired for many reasons ; and besides those which relate to the publick , i wish it for a particular satisfaction to my self , who being void either of the ambition or the merit of pretending to any share in business , should think my self very happy in the enjoyment of those mens conversations , whose politicks i cannot so well agree with , being confident that this would be a kind of act of exclusion upon these measures , and that the greatest number of the complaining men would be at liberty and unemployed . printed for c. m. . a letter from the head-qvarters, at st. albanes, communicating the proceedings of the generall councell of the army the weeke past: setting downe such queries by the officers and souldiers, as were presented to the generall and councell. written to a friend in london, november, . johnson, richard, th cent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from the head-qvarters, at st. albanes, communicating the proceedings of the generall councell of the army the weeke past: setting downe such queries by the officers and souldiers, as were presented to the generall and councell. written to a friend in london, november, . johnson, richard, th cent. p. printed in the yeare, [london] : . place of publication from wing. a list following johnson's letter describes the army's grievances with the proposed peace treaty with king charles. annotation on thomason copy: "novemb: ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- peace -- early works to . a r (thomason e _ ). civilwar no a letter from the head-qvarters, at st. albanes,: communicating the proceedings of the generall councell of the army the weeke past: settin johnson, richard, th cent. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the head-qvarters , at st. albanes , communicating , the proceedings of the generall councell of the army the weeke past : setting downe such queries by the officers and souldiers , as were presented to the generall and councell . written to a friend in london , november , . printed in the yeare . a letter from the head quarters . sir : it is fit my service should last as long as your commands ; and since your desires are but the discharge of my ingagements to you , it being my positive promise to communicate to you the debates , results , and desires of the counsell , and private souldiery , and officers of the army ; i heere send you what hath beene transacted since saturday , which transactions are very high , and may doe much good for this kingdome , if god be but pleased ●o owne us in counsell as he hath owned us in the field : the regiments have delivered in their desires , and some queries to the counsell , and wee doe dayly expect some more from the lieftenant generalls army , which wee conceive will be as high as our armies ; the souldiers are growne to a great dislike of the parliament , and much doubt their owne safety under the hands of them , and conceive they have great reason , considering the mutabillity and unconstancy of their ●esolutions , and are ready to say , that the majo● part of the now sitting commons , and the whole house of peeres are as changeable as the camelion ; vote an affirmative , and as contrary with the same breath , which wee believe is very dangerous to both kingdome and army , and much tends to the ruine and destruction of both ; knowing very well that instabillity and changing is bid to be ware of by the wisest of men ; medle not with them that are given to change , for their calamities shall be great , and who shal know the ruines of them ? but you shall receive the queries and desires heere inclosed , which wee conceive to be both reasonable and honest ▪ and much tending to the happinesse of both kingdome and army : i am something in haste , and cannot inlarge my selfe at present , but in my next you shall receive a full account of all the pr●ceedings of the counsell and army ; from him who is , sir , your friend to serve you , r. johnson . let my service i pray salute all our friends in holburne , queen-street , and savoy . honourable : vvee shou'd , and are worse be witched then the galatians , if wee should believe that this treaty were any thing other then a snare to enslave and ruine , and truely wee cannot but thinke a spirit of madnesse hath possessed the hearts of all those who believe this treaty , or a treaty with those wee have conquered twice , can any way prove propitious to us , or this kingdome , there is none so blinde as those which doe not see slavery and bondage coming upon us , and our posterity , as travell upon a woman with childe , which wee cannot escape if this treaty take effect ; therefore wee present our sence of it , with all humblenesse to this honourable couns●ll in a few queries , desiring that they may be speedily taken into consideration , as things that are the sole good , and in which all our happinesse is wrapt up in . first , vvhether an ordinance made by parliament in a time ( unquestionable ) of freedome , and liberties , and in a full house upon mature deliberation , and after many dayes debate , and after all objections made against no addresses to the king , and a full vote passed in the house to governe without him : let it be judged whether the safety of a kingdome can be free in the hands of such , when they vote the contrary upon a tumultuous petition , and treat with , and court our conquered enemy . . vvhat is an ordinance of parliament worth , or will be accounted of by any , if as soone as it s granted , or upon any rebellion or insurrection , though at a hundred miles distance it may be recalled ? what a slender ground and foundation , nay upon what a broken reed , doe , and will men say they have built on all this while , in venturing their lives , and hazarding all that is deare unto them , or in acting for the parliament , or by an ordinance ? therefore we cannot thinke our selves in safety , so long as things are thus carried . whether or no in the judgement of any indifferent men it can stand with the honour , justice , authority , and gravity of the supreame court of judicature , and the great counsell of a kingdome , when upon mature deliberation , and waighty reasons in the most legall way , when noe addresses have beene voted in a full house to the king , and now addresses made , & he courted as one that hath not had the least finger in all ●hat innocent blou● that hath been shed , when he himselfe hath confessed to be the author of all , and guilty of that bloud that hath been spilt in these kingdomes . . whether the army can be in safety when those their knowne enemies have the managing of this treaty , and are most forward to support that which will ruine us and our posterity . . whether the army can bee in safety , when the counsell of the citizens are the sole guide of the parliaments transactions , and the absolute influence into the councells of the same , and those of the citizens too , which are our profest enemies . . vvhether the army and kingdome can be in safety , when the desires and requests of the malignants are so frequently granted , and the onely men put in places of trust . . vvhether the kingdome and army can be in safety , or we ever expect a blessing from heaven , so long as the chiefe abetter , and maintainer of these wars live without punishment , and be not brought to justice . . vvhether there can bee safety for the kingdome and army , so long as the kings friends go abroad , and are suffred to weare armes , and pistols , and murder our friends , and are not put to death , and brought to condigne punishment . and now we conceiue that it is the sence of your excellency and this councell , that the kingdome is in danger , if these things be not tak●n in your serious consideration , and by your wisedome and care prevented : & we present unto you our humbledesire . first , that those which have beene the princip●l of the first and second war , may be tryed by a coun●cil of war , as prisoners at war . . that all those of both houses , who v●ted with those that would have further addresses may bee ●questred the house , as well those of the peeres as th●●e of commons . . that those citizens which indeavoured the raising of an army , when we were at colchest●r may be forthwith apprehended , and brought to ex●mpla●y punishment ▪ being they indeavoured to rai●e without any authority or ordinance of parliament . . that the treaty may not go on any further , but may be speedily broke off , and a course taken that no tearmes may be h●●kened to , or offred to that party but that speedy justice may be done upon him and his adherents . finis . many remarkeable passages from both houses of parliament from the of may till this present concerning the great affaires of the whole kingdome : with many more passages of great consequence concerning sir edward deering and divers other kentish-men : and concerning a charge to be drawne up against them for their speedy tryall : with the examination of mistresse sanders, living at ratcliffe, sister to oneale, before the house of commons the of may, : also another examination by the honorable house of commons concerning sir nicholas cole and the inhabitants of newcastle, may , : together with an order of both houses of parliament concerning the continuance of the terme at westminster : likewise his majesties letter to the gentry of yorkshire, may , . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) many remarkeable passages from both houses of parliament from the of may till this present concerning the great affaires of the whole kingdome : with many more passages of great consequence concerning sir edward deering and divers other kentish-men : and concerning a charge to be drawne up against them for their speedy tryall : with the examination of mistresse sanders, living at ratcliffe, sister to oneale, before the house of commons the of may, : also another examination by the honorable house of commons concerning sir nicholas cole and the inhabitants of newcastle, may , : together with an order of both houses of parliament concerning the continuance of the terme at westminster : likewise his majesties letter to the gentry of yorkshire, may , . england and wales. sovereign ( - : charles i) p. printed for t. ryder, london : . a news summary, to which are added the text of the order of "both houses of parliament," actually of the house of lords and the text of the king's letter. reproduction of original in thomason collection, british library. eng dering, edward, -- sir, - . england and wales. -- parliament. -- house of lords. england and wales. -- parliament. great britain -- history -- charles i, - -- sources. a r (wing e ). civilwar no many remarkeable passages from both houses of parliament, from the . of may till this present, concerning the great affaires of the whole england and wales. parliament d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion many remarkeable passages from both houses of parliament . from the . of may till this present , concerning the great affaires of the whole kingdome . with many more passages of great consequence concerning sir edward deering and divers other kentish-men , and concerning a charge to be drawne up against them for their speedy tryall . with the examination of mistresse sanders , living at ratcliffe , sister to oneale , before the house of commons , the . of may , . also another examination by the honourable house of commons , concerning sir nicholas cole , and the inhabitants of newcastle . may . . together with an order of both houses of parliament , concerning the continuance of the terme at westminster . john browne cleric parliament . likewise his majesties letter to the gentry of yorkeshire , may , . . london , printed for t. ryder .. . many remarkable passages from both houses of parliament , from the . of may , till this present , concerning the great affayres of the whole kingdome . upon the . day of this present moneth of may , there was a committee of the house of commons sate concerning the differences betweene sir nicholas cole ( major ) and the townesmen of newcastle ; where witnesses were examined in that cause , and an order issued to be sent to newcastle forthwith to mason castle for the bringing up of more witnesses . vpon this present day there was also then given up at the court gate a command from his majesty by sir nicholas hand for the speedy repaire of all his majesties servants in ordnary to yorke , upon paine of his maiesties displeasure , the house of commons falling into consultation of the malignant party of the kingdome , and among o●hers , of sir edward deering , and the residue that were instructers in the late scandalous petitions delivered from kent and having prepared a charge against them , at a desi●ed conference it was then moved for their speedy triall . vpon the . day of this instant moneth , one mrs. sanders of ratcliffe , sister to oneale , was brought to the house of commons upon report made that they furnished oneale with con●eniencies for his escape , who being examined thereupon before a committee appoynted , and denying thereof , was committed to custody , till convenient time for her examination . divers committees of this house of commons , were appoynted to meet on wednesday last in the afternoone , for sr. cornelious vermud●●s bill , for the fines of recusants and other delinquents . but the body of the house met and sate in a committee , for the nomination of the time and place , for the sinod to meet , which occasioned much conferring , the lords assembled in this present parliament , received a complaint against one captaine jackso● , who had formerly had command in the i le of providence , before the rising of the spaniard , by a souldier for aff●onts under him that voyage , and concerning some pretended oppressions and traines laid to take away h●s life ( by the said captain ) after some debate thereof it was referred to a committee for examination . upon the . day of this present moneth , . the house of commons taking into consideration his majesties date message , and the danger the committees of each house underwent residing at yorke , then after some debate they voted , that whosoever hee were that should attach or imprison either the said members , or any other of each house , imployed on their service , should be accounted as an enemy to the state and common-wealth , &c. which being acquainted the lords at a conference , it were assented too , and a joynt order issued for the printing of the said votes . and likewise order issued to the sheriffe of yorkeshire , for the sending up of those delinquents in their county ▪ formerly sent for , but not yet appeared . die martis , maii , . whereas the lords in parliament , have this day beene informed , that the king is resolved to adjourn the next terme from westminster to yorke ; upon which , the lords sent a committee to the lord keeper of the great seale of england , to know of him , whether hee had received my command touching the same , who acquainted the said committee , that hee had received command from his majesty , to issue proclamations and writs , to that purpose . whereupon , this house taking the said matter into consideration , hath voted : that the kings removall of the terme to yorke , from westminster , during sitting of this parliament , is illegall . and hath further ordered , that the said lord keeper shall not issue out any writs , or seale any proclamation , for adjourning the said next terme from westminster to yorke , as aforesaid . joh. browne , cleric . parl. his majestes letter to the gentry of yorkshire , may , the sixteenth , . to our right trusty and well beloved the gentry of york , and others of this our county of york , whom it doth or may concern . we have with great contentment considered your mercifull and affectionate answer to our proposition concerning the unsufferable affront which we received at hull , we have not bin deceived in that confidence we had in your affection , wherefore we desire you to assure the rest of your countrymen , who through negligence were omitted to be sum●oned : that we shall never abuse your love by any power wherewith god shall enable us to the least violation of the least of your liberties , or the diminution of those immunities which we have granted you this parliament , though they be beyond the acts of most ( if not all ) our predecessours ; being resolved with a constant and firme resolution to have the law of this land duely observed , and shall endeavor onely so preserve our just royall rights , as may enable us to protect our kingdome and people , according to the ancient h●●ors of the kings or england , and according to the trust which by the law of god and this land is put into the crowne , being sufficiently warned by the late affront at hull , not to transferre the same o●● of our power concerning which affront we will take some time to advisse , which way we may usefully imploy your affections , in the mean time we shall take it well from all such as shall personally attend us , so followed and provided , as they shall thinke fit for the better safety of our person , because we know not what suddain violence , or affront may be offered unto us , having lately received such an actuall testimony of rebellious intentions as sir-john hotham have expressed at hull : being thus secured by your affections and assistance we promise you our protection against any contrary power whatsoever , and that you shall not be molested for your humble and modest petition , as of late have been threatned . given at our court at yorke , may the . . finis . practicall law, controlling and countermanding the common law, and the sword of vvarre the sword of iustice against all the late declarations and publications of the army, that they fight for the peoples liberties and lawes. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) practicall law, controlling and countermanding the common law, and the sword of vvarre the sword of iustice against all the late declarations and publications of the army, that they fight for the peoples liberties and lawes. prynne, william, - . anthony, edward, th cent. [ ], p. [s.n.], printed at exeter : . attributed to w. prynne. also erroneously atributed to edward anthony. cf. wing; nuc pre- . reproduction of original in harvard university libraries. eng england and wales. -- army. great britain -- history -- civil war, - . a r (wing a ). civilwar no practicall lavv, controlling and countermanding the common law: and the sword of vvarre the sword of iustice. against all the late declarati [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion practicall law , controlling and countermanding the common law : and the sword of vvarre the sword of iustice . against all the late declarations and publications of the army , that they fight for the peoples liberties and lawes . printed at exeter . the preface . the strange and unparallel'd insolency of the generall and councell of warre , in presuming to grant injunctions to stay suits and proceedings at common law , against malignant cavaliers , who have plundered them of all their estates , under pretext of exeter articles , &c. which they presume extend to all malignant constables , and others who have plundered and imprisoned the parliaments best friends by their commands , though not within the minds nor intent of the articles , and to enjoyne them to come before the councell of warre , . or . miles to shew cause why they should not surcease their actions against these plunderers , and release their just judgement against them , and presuming to evince the judges , attourneyes , and others , not to proceed in such trialls : a more higher and tyrannicall power then ever the councell-table exhausted , so that all the kingdome must now be ruled , and the common-law of the land it selfe over-ruled and staid by the marshall law , to the undoing of the parliaments best friends , and rejoycing of malignants , who enjoy their plunder and estates without recompence . practical law controlling and countermanding the common-law , and the sword of warre the sword of justice . whereas sir richard vyvyan of tresewarren in the county of cornwall knight and baronet , hath petitioned his excellency sir thomas fairfax , that edward anthony of the city of exeter goldsmith , hath sued and impleaded him the said sir richard vyvyan , contrary to the articles of the said city of exeter , within which the said sir richard vyvyan is comprized : the generall to the end he might be satisfied of the truth of the particulars of the said petition , referred the same to the examination of the officers of his army , who at a publike meeting , and upon a full examination , found every particular in the said commission to bee very clearly and punctually proved to be true , that sir richard vyvyan was master of his majesties mint in the city of exeter by commission of his majesty , that he is comprized within the said articles of exon , and by which he is to be indempnified for matters relating to the late differences between his majesty and the parliament , and that the said edward anthony hath sued and impleaded him the said sir richard vyvyan for a plate sent unto the said mint for his majesties use by sir iohn berkly knight , then governour of the said city of exeter , and hath recovered by verdict against him the said sir richard vyvyan , two hundred ninety one pound three shillings damages , besides costs . now forasmuch as they the said officers have thereupon certified the generall the premisses to be true , and that the said action and verdict and all proceedings thereon are against the articles of exeter , and therefore are of opinion , and desire the general to command the b iudge advocate to take care that the said edward anthony do forthwith reveale , or otherwaies c discharge him the said sir richard vyvyan of and from the said action , verdict and all proceedings thereon , or in default thereof to appear at the head quarters to shew a good cause to the contrary , and that all further proceeding be staid in the meane while by the said edward anthony and his attourneys ; these are therefore to desire and require the same edward anthony immediately upon sight hereof to release and discharge the same sir richard vyvyan of and from the said action and verdict of . l. . s. damages and costs of suit , and all proceedings thereon , or otherwise appeare at the head-quarters on munday the . day of march next coming , by nine of the clock in the forenoon , to shew good cause to the contrary , and all attourneyes and solicitours are to take notice hereof , that there be no further proceedings in the said suit in the meane while , or to shew cause to the contrarie : whereof they and every of them are not to faile . dated at d white-hall this . of febr. . hen. whaley , advocate . who will ever adhere to , or act , or suffer for the parliament hereafter , or contribute towards the army , if they must be thus requited for all their losses , and made the verie scorne and derision both of their enemies and friends ? o heavens blush at this impious ingratitude . to his excellency sir thomas fairfax knight , generall of the parliaments forces by * sea and land . the most humble petition of john collacot the elder , of the parish of shebber within the county of devon . humbly sheweth , that your petitioner being constable during some part of the times of these unhappy differences betwixt his majesty and the parliament , was in the time of his being constable particularly commanded by the warrants annexed , to be assisting unto captaine yeo : in the apprehending of iohn perryn senior . that he was commanded by the said yeo : and compelled by thomas hewes provost marshall and his troopers , to attend the said captaine yeo : in the execution of the said warrants , which he durst not refuse , the kings party being then prevalent in the countrey . that for this cause only the said perryn hath commenced a suit at law against your petitioner , which will come to triall this assizes to the petitioners utter ruine , the articles of exeter ( in which your petitioner is comprehended ) being not pleadable at law , unlesse your excellencies accustomed goodnesse be extended for his reliefe herein , which is according to your excellencies engagement upon the rendering the said garrison . that the said captaine yroman is comprized within the articles of exon , as appeareth by your excellencies certificate annexed , and hath made his composition at goldsmiths-hall , for his said delinquency , within the eour moneths mentioned in the said articles , as appeareth by certificate readie to bee produced . the petitioner therefore beseecheth your excellency , that he may have the benefit of the said articles of exon , he acting by and under the command of the said captaine yeo : who hath compounded : and that your honour would be pleased to a give command for the stay of all proceedings at law against the petitioner . and your petitioners shall ever pray , &c. queen-street , march . . if this petition be true , i desire the iudge to take care that the articles of exon be made good to the petitioner , and that the parties complained of de forbear further proceedings at law , or b shew cause to the court marshall to the contrary . t. fairfax whereas iohn collacot the elder of the parish of shebber in the county of devon being a constable in some part of the times of these unhappy differences , was in that time particularly commanded by capt. yeo , a commander in the kings army , to be assisting unto him in the execution of a warrant from col. sir iohn berkley governour of exon for the apprehending iohn perryn the elder and others , which accordingly hee did . that the said captaine yeo : was a person comprized within the articles of exon , and hath made his composition at goldsmiths-hall : that the said collacot is sued at law by the said perryn for apprehending him as aforesaid , which is a contrary to the twelfth article of exon , the said collacot having done nothing but by the procurement of the said capt. yeo : all which particulars being proved before me to be true : these ari therefore to require the said perryn within one and twenty dayes next after sight hereof , personally to appear before the court marshall of his ecellency sir thomas fairfax , b wheresoever the same is or shall bee held to shew cause why the said collocot should not have the benefit of the said articles , or else discharge or release the said collacot of his said action , and in the meane time , there be no further proceedings at law , and all attourneys , solicitours , and others whom it doth concern , are required to take notice hereof , the honour of his excellency sir thomas fairfax and army being so c much concerned , for making good the said articles . dated at white-hall this . of march , . copia vera. henry whalley advocate . captaine yeo : is authorized to make diligent search and apprehend iohn perryn the elder , iohn and richard perryn his sonnes , mathusala bligh , philip kingford , robert martin and iames slowman of the parish of holsworthy , iohn coales and iames hobs of milton damrell , iohn hearding of shebber , thomas wellington of great torrington and iohn markeham of littleham , and to bring them into safe custody , or cause them to be brought to the provost marshall of the city of exon , there to remain in safe custody untill they and every of them shall answer all such matters as shall be objected against them and every of them , and thomas hewes the marshall of the north division of the said county of devon , and the constables of shebber with all other his majesties officers and loving subjects within the said county , are straightly charged and commanded to be aiding and assisting unto the said captain yeo : in the due execution hereof , wherein they and every of them are not to faile , as they will answer the contrary at their utmost perills . given under my hand and seale at betford-house in exon the . of march , . vera copia r. h. iohn berkley . finis . notes, typically marginal, from the original text notes for div a e- a plundered from him to his undoing , being a gold-smith . b by what law or commission can any such order be granted by the generall or advocate . c o happy malignants that can find such patronage ! o unhappy parliament friends and sufferers who must bee thus enforced even after iudgment and verdict to lose both their costs & damages justly recovered against cavaliers & plunderers , and thus tossed up and downe to their utter undoing against the expresse letter of the covenant , & many declarations of both houses to repair losses , & right them out of malignants estates ! d where there is now a new councell table erected ( it seems ) far more extravagant then ever the king had any . notes for div a e- * nota. a by what commission pray , without the houses orders , and contrary to their protestations , to protect malignants against their plunderers & undoers . notes for div a e- b by what orrinance , law , or commission , they being no souldiers , but persons imprisoned and plundered of their estates , for their zeal and good affections to the parliament . notes for div a e- a if so , then all malignant constables , officers , and others , that murdered , ravished , robbed , imprisoned , plundered or executed any of the parliaments best friends , by command of any person or officer of the kings within the articles of exon , oxen , &c. shall be totally exempted from all actions and prosecutions , though not within these garrisons , when seized or surrendered , and is so , all who have borne arms against the parliament shall be freed from sequestrations and suits upon such a generall extravagant construction . b then they must follow him and it from one end of the kingdome to the other , and was there ever such a grievance or vexation heard of before ? or tyrannicall arbitrary usurpation . c the lawes of the kingdome , and rights and liberties of the greatest friends to , and sufferers for the parliament , ought to eversway the generall and armies honour , and their patronage of malingants . a soveraigne salve to cure the blind, or, a vindication of the power and priviledges claim'd or executed by the lords and commons in parliament, from the calumny and slanders of men, whose eyes (their conscience being before blinded) ignorance or malice hath hoodwinckt. wherein the fallacie and falsity of the anti-parliamentary party is discovered, their plots for introducing popery into the church and tyranny into the state are manifested: the pretended fears of danger from seperatists, brownists, &c. blowne away. and a right way proposed for the advancing the just honour of the king, the due reverence of the clergy, the rights and liberty of the people: and the renewing a golden age. by j. m. esquire. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a soveraigne salve to cure the blind, or, a vindication of the power and priviledges claim'd or executed by the lords and commons in parliament, from the calumny and slanders of men, whose eyes (their conscience being before blinded) ignorance or malice hath hoodwinckt. wherein the fallacie and falsity of the anti-parliamentary party is discovered, their plots for introducing popery into the church and tyranny into the state are manifested: the pretended fears of danger from seperatists, brownists, &c. blowne away. and a right way proposed for the advancing the just honour of the king, the due reverence of the clergy, the rights and liberty of the people: and the renewing a golden age. by j. m. esquire. milton, john, - , attributed name. [ ], p. printed by t.p. and m.s., london : . attributed to milton by dr. ezra h. gillett--cf. mcalpin coll. annotation on thomason copy: "aprill ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a soveraigne salve to cure the blind, or, a vindication of the power and priviledges claim'd or executed by the lords and commons in parliam [milton, john] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a soveraigne salve to cvre the blind . or , a vindication of the power and priviledges claim'd or executed by the lords and commons in parliament , from the calumny and slanders of men , whose eyes ( their conscience being before blinded ) ignorance or malice hath hoodwinckt . wherein the fallacie and falsity of the anti-parliamentary party is discovered , their plots for introducing popery into the church and tyranny into the state are manifested : the pretended fears of danger from seperatists , brownists , &c. blowne away . and a right way proposed for the advancing the just honour of the king , the due reverence of the clergy , the rights and liberty of the people : and the renewing a golden age . by j. m. esquire . salus populi est lex suprema . salus parliamenti supremum privilegium . london : printed by t. p. and m. s. . reader , if thou expectest here a polite stile or fluent phrase , thou wilt be deceived in thy expectation : it is not rhetorick but reason can satisfie the judgment ( which this author intended ) the former may cozen the conscience , and dazle simple men : the latter onely can satisfie the wise , and lead to truth . a rough diamond is precious , when the best wrought glasse is despicable ; the painted oratory ( which best pleaseth the vulgar ) ill suits with the well becoming gravity of a statist . the right stating of many questions in the insuing treatise hath necessitated the dilating of some sentences more then may stand with a pleasing stile : yet it is not doubted but the lovers of truth will find that performed which is promised . farwell . so many excellent treatises as have been sent abroad to unblind the hoodwinkt world , and all clearing this truth ( that the parliament is and ought to be supreme judge ) might make this seem needlesse , but as for a sturdy sore , many plaisters are but sufficient ; so will it not be mis-spent time by the clear demonstrations of truth and right reason to beat down that wall of the too-much-loved-ignorance which hitherto hath kept the divine light of the truth from entring into the dark ( & therfore miserable ) souls of those deluded ones who with so much earnestnesse lay out their estates , expose their families to a thousand miseries , nay spend even their dearest bloud to inslave themselves and posterity . love and duty to religion and my countrey , now flaming with the fire these men have kindled , & yet give fuell to , yea even pitie to these men hath inforc'd a pen ever before still to expose it selfe to publike censure , and if by this poor labour of mine any of these ignorantly erring men may be reduced , i have my end ; as for those who inraged with malice willingly oppose the truth , god hath provided her another champion , even the sword , to vindicate her selfe from the violence of those men on whom the power of reason hath no effect . to attain this our end , what readier way have we then . to discover the falsity of those pretences by which those men are deluded , the miseries they bring themselves and posterity into if they yet persist : . to discover the way to regain our now almost lost liberty and religion : . to free us from the pretended fears of the invasion of our liberty by the parliament , or of our religion by brownists , anabaptists , and the like . and here so many of these men who hitherto through ignorance , passion and mistake have been enemies to the parliament , and in them to their religion , countrey , and themselves , i say so many of these as by gods providence this little treatise shal com unto , are wished out of due care & love to the protestant religion so desperately undermined by jesuiticall plots , out of love to their poor countrey , laws and liberty , now at the last gasp as it were either to stand or fall , out of pitie to themselves and their posterity , designed even to turkish slavery , they would lay aside all prejudicate thoughts , and seriously lay to heart the evidences of truth , love , and labour to defend it wheresoever they find it : and in hopes they will do this , i will proceed according to the method proposed , which was first to discover the deceit of that sophistry by which these truth-haters delude their followers & to clear the proceedings of the parliament from all aspersions of wrong or injustice : but because their arts of deceiving are many , and it would require too much time to answer particulars , therefore i shall endeavour to draw them to some few generals . the first then we have to deal withall is this , the soveraigne power claimed by the lords and commons in parliament to provide for the kingdomes safety is an intrenching on his majesties just rights , and contrary to the knowne lawes , say those deceivers . to answer this , and in this the whole bulk of their objections against the parliament , i shall first propose this to your consideration : whether if the king having his royall name and authority abused by those about him , or misled by his own passion or mistake , do command and act things pernicious and destructive to the people , religion , liberty and lawes , contrary to the end and trust of the first institutors of this monarchy , and to the contract at his coronation , and convert the power of the people it self to back and carry on those designes , refusing to hearken to the petitions of his people , or remonstrances of the great councell of the kingdome ( if in this case the people be remedilesse ) consider whether the condition of a free nation be not worse then that of a most miserable slave , and whether the framers of this monarchy have not provided better for the means , then for the end it self , the peoples welfare , which is the end of all government . for first , being before in a free and happy estate every way , it must bring it self into servitude , and each man make one another mutually , and those he holds dearest , and his countrey it self slaves , and must expose his own life , that he may take the lives of whosoever refuseth slavery . secondly , besides thus each man being one anothers mutually , and all their countreys executioners , each must be bound to expose all he hath , and his life as much as in him lieth , to procure or advance the means of damnation of those he holds dearest , nay of innumerable others , and of himselfe ( religion being part of the case . ) thus whereas it seems sufficient to the constitution of a slave , not to have power to dispose of himself , or of what he hath in a passive way onely , in this case men must be positively active against themselves . thirdly and lastly , a whole nation cannot fly , or run away from a condition so miserable , and by any other meanes unavoidable , as a particular slave may . more might be said in this point , but what needed thus much , were not their judgements with whom we deale as turbu●ent as the waters they have troubled ; which sort a possibilitie of delusion , that yet may partly hoodwinke them , must distinguish from the other part among them , whom malice hath made utterly reason , and religion proofe ; and therefore their senses , whose soules seeme nothing els , are to be dealt with in another method . but to the point ; the premises and consequence being utterly absurd , inconsistent , contradictory , against reason and nature , princes being instituted for the peoples happines , and so rather publici servi , as regnum splendida servitus : and since there is provision against the danger of the minoritie of a prince , who can be onely positively ill , it being à fortiori reasonable , that it should not be wanting against the perill from such a prince , as we propound , who by meanes of a greater maturitie and authoritie , may concurre more actively , and consequently more perniciously to the greatest evill , the people in our case , if or when the king makes such attempts in reason cannot be without meanes of remedy . it were perhaps so were a king instituted in an immediate miraculous extraordinary manner by god himselfe , then a lower power could not disanull the act of the higher ; or perhaps there were colour , if the people it selfe had absolutely given or entrusted it selfe to the power or provision of the prince at the first institution , or framing of the monarchy . but with us the lawes , customes , priviledges , power , and use of parliaments &c. argue , or rather are limitations , restrictions , conditions , or reservations made upon the originall trust , commission , or delegation from the people , or after upon occasion , which it keeps in its owne power , or reserves to it selfe , as the supreame resort for extraordinary emergents . nor let any thinke that the king having taken his oath for the keeping himselfe within his bounds , or for the observing the lawes , liberties , priviledges , or the like , that he is hereupon onely left to god and his conscience , and the people without humane remedy , if he exorbitate ; for they ought not to presume , but to prove strongly ( if they could ) this , which were for the disadvantage of the people so mainely , for whose good all was intended at the first institution of the monarchy ; and the peoples happines ought to be rather favoured and preferred in the interpretation of a doubtfull matter ( were this such ) as assuredly according with the first institutors intention : and i thinke it is not so apparent ( if it be apparent at all ) that the king is so left to god onely , as it is that the safetie and happines of the people is l●x suprema , and the end of all , which is out of doubt ; and therefore by this tye of an oath , and all other sitting ties , power , and meanes also intended to be procured , and secured ; and all oft little enough ( though such power is unlesse upon necessitie not onely not to be exercised , but also to be kept as secret , as may be , that the princes authoritie in as much as it may make for the good of the people , may be kept up . ) and perhaps the oath the people hath taken to the king , especially as the people is represented in parliament , may ( respecting at this time this reason onely ) inferre as well on the peoples side , that it is left to god onely thereupon , and so supreame in point of judgement and power : but allowing , or rather understanding truly such power to be in the people , and from it in the parliament ( as hereafter may further appeare wee are to doe ) is not this way the peoples libertie , rights , happines , safer and better assured , together with the kings just power or prerogative , since the parliament is not capable ( could it be willing ) to usurpe upon either ( as after may be shewed ) then imagining such supreame power to be invested in the king , either the peoples right or the kings just power it selfe can be ; seeing no man will deny but kings are subjects capable of arbitrary or tyrannicall power oft times willing and giving the attempt , and sometimes actually prevailing . so , if the framers of this monarchy had intended such paramount power should be still in the king ; and that in such extraordinary emergents as now appeare in england , they had been more solicitous of , and provided better far for one meanes of diverse ordeined to an end , then for the very end it selfe , the peoples happines , which they had left still depending dangerously on one mans conscience , or will , as it should at any time happen to change , when so ●ure and safe a provision offered it selfe else-where , ( as before is pa●●●y touched ) and had preferred the meanes before the end : and so doe all the desperate malignants , and the disorderers of our times & state , which is retrograde to reason : others may better enforce this point touching the intent of the first institution , and adde expresse authorities perhaps out of the lawes to this end , or the practise of parliaments in such times ( if such have ever before been ) or otherwise proceed by analogie and good consequences of reason . if it be said , that by such a provision of remedie for the people in danger , as abovesaid , a dangerous president of disobeying , and weakning the ki●gs authority is introduced , which may worke even danger of dissolution of the monarchy . admitting but not granting , that upon such a president , once made , upon an extraordinarie cause , and that by an orderly way ( and which once done may well prevent all future need of making any more such presidents ) admit such a danger even to the monarchy followed thereupon ( which yet will not be made good in our present case , as after will appear ) then here now is the point . among divers forms of government , whereby a people may be governed , that it may be happie , which is the end and ayme of every such form , this nation chose one particular one , which it judged fittest to compasse that end ( as indeed monarchy duely tempered is the best , but distempered by tyranny the worst , the advantage of union , or unitive power , which it hath above other forms strengthening to evill , when it degenerates , as it did to good , whilest it stood incorrupt ) but if this objection were of weight it would follow , that it were more rationall , that the peoples felicity , which is the supreme end , to which all good forms of government are ordained and tend , should rather suffer , then a particular form or fashion of government , of which there are choice , and any of which are but one meanes , or way to compasse that end if it continue incorrupt , but if corrupted to destroy the end : and so one meanes to the end , nay in our case a meanes if not rectified wholly to frustrate the end , should be preferred before the end it self , which it ought onely to serve , nor can it be said the remedie were worse then the disease ; for what remedie can be so ill , as that disease ; a free , a glorious , a nob●e nation to fall to servitude spirituall and temporall from a long enjoyed liberty in both kinds , and our selves the instruments ? though to go on in such a case , the remedie might not prove so ill , or difficult , if men would pay obedi●●●●●uely there where reason tells them they owe it ; and shoul●●●ere be no such remedie for the people , or ●or conservation of the frame of the government the constitution of this monarchy , which the king declareth he admireth so much , were most deficient in the most principall point of all , namely , the defending and preserving it selfe , the very foundation and ground-work , as the end of all , otherwise provisions orders , laws , without which what were they but folly and phantasie ? nay were not the folly of the first institution rather to be as much admired ( as raising an instrument utterly unfit for the purpose it was meant for : had it left the maine end of all , that is , the peoples safetie , libertie , happinesse in such a case as ours , without all possible , nay without any provision expresse or imployed by common intendment , or analogie of reason , or rule of law , though the true , the naturall , the best , or the onely provision , or remedie to keep prince and people in their due temper , were so at hand , so facile , so offering it self , and if not before usuall , yet used possibly at the very time of such an institution , and for that very purpose , namely , a parliament or other meeting of the like nature , without provision , i say , against the greatest publick mischief of all , that ultimum malum reipublicae ( as divine plato termes it ) arbitrary power , or tyranny , and that a mischief , so likely to happen ; more , so oft attempted , nay actually happening . but he that implores force ( not now to speak of what is pretended herein by words ) and that though but to resist the orders of that power , whose part alone it is to remedie the people in our case , doth in fact deny that this monarchy hath made such provision , or hath that power so necessary to help and defend it self , or that the people in this case is remediable , for by such having recourse to force or warre , though but defensive , he challengeth and assumeth all the power from the people to himself , making himself supreme judge of all upon the last resort , of which somewhat more shortly . but the king cannot be so in our present case , in which he is a party in as much as the evill proceeds from ill counsell prevailing with him ; for to bring the hypothesis to a thesis , and not to stand alway on supposition taking it as a supposition ) that a king seduced may , de facto , make such attempts as are above put , it is more evident of it self then that we need look on the fall of liberty in france ; if not from the king , nor counsell , about him consequently , then whence is the remedie for our losse ? from the judges ? what ever their will may be they want power , a●●●●twithstanding they still were present the mischief grew on : 〈…〉 be then from the two houses of parliament onely ( unlesse you would have the whole nation assemble personally , as in the vale of jehosaphat , if you suppose it possible , and if possible fit for any thing but confusion , except perhaps force ) the king having ( to speak with what reverence we can ) in this case excluded himself , and the clergie justly being excluded , from such temporall distractions , that it may attend the better and advance the celestiall , and ecclesiastick , more then enough to take up the ablest men wholly , and not a little hindered and discredited by their so great greedinesse after worldly matters : let them do their dutie , let them teach truly , live exemplarily , like professors of mortification , this will render the people so devoted to religion , to them , that they may securely trust the parliament with all that touches them , and safely make it their proxy , themselves being absent ; and whilest thus spirituall matters are the better served and attended , these , and the temporall both receive the greater blessing : but such diffidence and suspition in the clergie ( if it should not be present in parliament ) argues ill deserving , since the justice and wisdom of the parliament , as principles of this government ought not to be questioned : but how much more is the clergie to receive at the hands of the parliament , that fuora , i. preti , i. e. priests void the roome , used by that councel in venice , of which bodin in the third book de republicâ , the . chapter , then , when they shall be found in life and doctrine unsound , ill affected to the publick good , accessarie to the evill to be remedied , nay ardent to bring in , or maintain either papistry , and idolatrie , or at least a most scandalous symbolizing with it in temporall pride , riches and greatnesse , and even antichristian domination through the breaches and ruins of their countrey , rather then even a parliament shall question it . the parliament then , and under this notion of the two houses in these times understood , being our onely remedie , or rather physitian , it follows it may and is to be judge of the danger or disease , and that of power which is to remedie if it be so , is to try whether it be so ; for without judgement or knowledge of the disease how can there be remedie ? or how shall the physitian know , what , when and how to apply ? if it be the onely competent judge of this our dangerous disease , and of the meanes to meet with , or expell it ( the knowledge of the remedie depending essentially upon the knowledge of the maladie , and receiving thence its judications ) it hath consequently power to execute , or act , or cause to be executed or acted , what it hath , or shall judge or ordain necessary for the cure , else such power to judge were vain , and it would still return that the people were remedilesse . but wisdom or judgement and power , as they are divine coincidents , and all one really and naturally where they are supreme , and essentiall as in the divine nature , it being but our weaknesse of understanding to conceive them disjoyned so ( for principles of one facultie questioned are to be enforced from an higher facultie ) even in this supreme power on earth ( which as farre as frail mortalitie can bear imitates , and represents that above ) they ought not to be by us apprehended separate , but mutually presupposing or inferring one the other . let us adde to make up this terrestiall trinity ; goodnesse , which last may be understood in our present case , a doing no unjust , or dishonourable thing , but wholly intending the publick good , according to the peoples trust . and it were an arch heresie in the policy of this monarchy to disjoyn in our beleef or opinion , the third from the two former . and the law saying , no dishonourable thing is to be conceived of the parliament , it seems all one as to have said in other termes , that it is the supreme judge of the last resort ( and that even without the king , if he hath excluded himself as above , which is more then if he were far personally absent , or otherwise casually disenabled , and as much as if no king at all were for the time ) where all appeals are to rest , and determine , all men to acquiesse , binding all from questioning what is there done ; and inferres the supreme power there to reside , as being the whole kingdome ( in which it is radically and fundamentally by representation : such power to be exerted and used , when it judges necessarie , and that ( if the nature of the occasion so requires ) with the suspension of the power of the supreame , ordinary delegate , or magistrate , during that parenthesis of state ; for the kingdome having entrusted the parliament with all it holds precious , the effect of the commission upon the matter being , that it provide ne quid respublica detrimenti capiat , it hath consequently trusted it with its power , which is the supreme , that it may be enabled to perform and execute the trust , when it judgeth , this cannot be made good , without using that power . but to return ; the law saith also , that the king can do , or doth no wrong ▪ but it denieth not , but ill counsell about him may : or perhaps the law intends the king as he is in his great counsell , where he is as sol in leone , or any planet ( as they say ) in his proper house ; of farre greater vertue and power , then otherwise . but however , reason tells us , that a prince or a few of his cabinet counsell , may far more easily erre in judgement , or possibly in point of will , then the multitude of a parliament ( so many whereof are selected out of the whole kingdom by the people ) in point of judgement , much more of will , or well willing to the publique ( whereof themselves are so great a part ) : and this much the rather , in that it is to be feared , that oftentimes , those privadoes of the prince , finding out cunningly the princes will , inclination , or humour , before they advise , and , further to ingratiate themselves , seconding it , much that there is agitated , becomes to be upon the matter the judgement or will but of the prince alone . well , i hope we are now come safe to this passe , that the parliament may and ought in our case to defend the people , or kingdoms rights , use the peoples power which is the supreame , ( as others have proved to cleare passionate men , rather then to satisfie any judicious man , who will not require proofs in a point plain enough of it self ) ever resident in the people , and so in the parliament , though dormient , till it be by the parliament thought fit to be wakened , which should it not now be done , such a seeming-secure , and supine sleep might have proved a mortall lethargy . but here these sophisters think to enter upon us , and to take the benefit of their own wrong ; for seeing they have brought the kingdom to this passe , that unlesse the parliament take the power of the kingdom into the kingdoms or its own hands , it cannot defend it self , or the kingdoms rights , or rather rescue them ; they would cunningly prepare those , whom they intend to make slaves , by first making them such fools , as to beleeve , that the parliament intends a change of the monarchicall form of government , and to oppresse king and people by i know not what new kind of arbitrarie tyrannicall government . i beleeve the king and parliament will soon be attoned , if any can shew the parliament by what other way it can discharge its trust and dutie in this constitution of the times , without the power it hath assumed but what if it shall appear ( i should make scruple to use the word shall , as if it did not appear alreadie without these weak offers , had we not to do with such as seem to have found out some new kind of reason , or having antiquated the old , which differenced man from irrationall creatures , to have substituted passion , or idle phantasie in the roome of it ; the best method indeed for them afterward on as good or the same proportion of reason , to advance the power of the king into the place of the power of the whole people or kingdom ; it is their own manner of speech and practise as sound and good as their own method , to make such distinction and difference betwixt king and kingdom ) what if it shall appear , time bringing every day truth to light , and perhaps even to there men some dilucida intervalla , that there is not the least probabilitie , that the parliament can have such a thought of usurpation , as these men would impose or seem to suppose ; much lesse was it ever heard that any free parliament , actually made any the least attempt to that effect , so far is it , that ever it effected it : whereas on the other side , ill counsell about princes have attempted oft , and de facto , sometimes performed the turning of a well poysed or tempered monarchy , into an arbitrarie tyrannicall power and publique oppression ; by which change , such ill instruments appear the onely gainers ; and the malignant spleen swels in a miserable consumed bodie , the head not exempt , and yet the very swelling a dangerous disease even to the spleen it self at last . unlesse such monstrous times did priviledge , it were high presumption to think it were not all sufficient to stop such mouthes to say it is a parliament , and it were dishonourable for it to do as they calumniate , and therefore not to be imagined . this maxime or ground being no more to be denied , or questioned in this monarchy , then that the earth is round in naturall philosophy , as neer as morrall philosophy may arrive at naturall in point of certitude : though should we grant them that a parliament may erre , nay do wrong to prince , people , or particulars , yet that would not follow upon this which they would maliciously inferre , and ayme at ; for none but it self , or another parliament were to correct , or rectifie what a parliament should have done amisse , and not the king or any other persons any way whatsoever , much lesse by force or warre : for he that is allowed to judge or correct , is allowed thereby at least an equall ( if equality for such an intent can be conceived sufficient possibly ) : but such equality of power in two distinct magistrates ( for so we must distinguish king and parliament here ) of different natures , and touching one and the same point or matter in controversie , cannot be in one and the same state , then such a corrector must be allowed superiour and the corrected subordinate , but such the king cannot be in our case , as above is partly shewed , and shall be further afterwards . how then can force or warre on his side for this cause be rationall , and just ? nay though it should be but defensive , much lesse if offensive , or inferred ? since even bare resisting the ordinances of the parliament , is or presupposes an assuming of the supreme power to judge and condemne , such resistance being the execution of the sentence . but we shall not carry it away so easily that the parliament will not be unjust to any , holding such power , strong temptations of profit corrupt : too oft , where one , or a few are ordinary judges ; as a little water standing sooner is putrified , but multitude of these judges are like the sea incorruptible : but moneys received , profits and emoluments accrewing , ( it were a shame not without a certain mixture of presumption to insist on such base imputations here , had not frontlesse and monstrous malice been so incredibly audacious , as actually to raise them ) may make a dividend sufficient to draw to some uniust act each man or the maior part of such a multitude , very likely ; and to draw the more matter of profit , we see how by frequent orders they invite private causes ; and do they give any publique account of the moneys they receive from the people , more then the malignants could have done for ship-money ? but we erre ; they give publique account : but it is to get credit onely with the people , that they may be in their sinister practises and machinations the lesse suspected , and better served : but stay ; how can they have ill ends at all on foot or in agitation , since of all their particular actions and proceedings , of most moment , from time to time , they by their declarations , or the like , give no lesse then of the moneys an account to the world , except they be evident of themselves ? should they do that they cannot give reason for , but such malicious vigilance , as we deal with , when it might in particulars charge them , and article against them upon truths , would never be driven to the base and miserable shifts of these generals , and the like most ridiculous impudent transparent calumnies for want of matter to work on ; and did not the people see clearly , they have reason , and that their ends are meerly the publique good , it would desert them ; loosing patience upon the sence of the present evils , which ( like the sicknesse , which , even the best phisick , before it can induce a finall setled state of health , works in a patient , chiefly if disorders , during the cure , also foment the peccant humours ) through the malignant traverses of our calumniators , both people and parliament are of necessitie to passe through : and were it not so , though the king cannot dissolve the parliament , yet the people possibly might recall their elections in each county , since the parliament doth but populo volenti imperare ; which if then it doth not do , what ever some few inconsiderable and inconsiderate particulars may have attempted here and there , it appears the major part at least approves what passeth , and that sufficeth : but let us take heed we traduce not these traducers ; they have a more honourable conceit of the parliament : it is not base profit onely , but places of honour , such as are mentioned in their propositions to the king , or the like they look at , and travail for : but there may be hope , that these that direct , correct the parliament in all things , will here tell them , that they are out of their way , and that their nearest way had been to have complied with the king , which seeing these would seem to imagine the parliament so unjust and dishonourable they need not doubt , they would follow : and by this course bringing in an arbitrary government ; in which case ( as before is said ) the ill counsellors , especially being authors or instruments of the change , carry away the advantage or the gain , and spoyls of the people , those their places would be farre more imperious , absolute arbitrary on the oppressed people ( we may instance in the starre-chamber ) or more beneficiall , as lesse obnoxious to strict syndications , then they can be the other way , they now hold ; in everie regard so accountable ; the king in all presumption like to be eagerly vigilant over them ; and these malignants themselves , grown yet more malicious and venemous , if possible , by seeing the tables so turned , and what they have been thus enormously wicked to compasse , possessed by those they hate , that may be the instruments to punish them for such their wickednesse ; besides the parliaments ever hanging over their heads ; and so highly interested in the demeanors of those they have made choice of ; and perhaps the next parliament may consist of other members then this present doth , and so ▪ as strangers to those so chosen , lesse subject to favour them , if this were any thing to satisfie the insatiate malice of those who under colour of seeming suspicious of the integritie of this parliament , would through the sides of it , strike at the heart and authoritie of all future parliaments : so upon the matter , by this course the parliament now holds in such their propositions , the people and kingdom are like to be the onely gainers , as these publique mischiefs grew from ill counsellours and officers . but have not some of the principall worthies of this parliament quitted or indangered places of greater moment ( besides the generall losse common i fear to the most or all of them through the neglect of their private affairs , whilest they are thus wholly taken up with the publique ) as their countreys confessors if not martyrs , then they can any way expect by the course they hold ? are not examples of such , as suffering themselves to be taken off from such services ( on which they purposely seemed the more sharp , that they might be so taken off ) have grown almost as much in greatnesse , thereby , as they lost in goodnesse , are not such instances as vulgar as the spirits that furnish us with them ? more might be said and much better herein by better judgements , but a weak one may suffice so strong a cause : there being good reason to be short and slight in an argument or point that could afford no just reason to have begun at all , did not such monsters of men urge it ; lesse can it be conceived that hope , intention , or fruition of uncontroulled dissolute licentiousnesse or pleasures , by means of the capacitie they now stand in , or as they are a parliament can be a motive to them to continue the power , or place they have , longer then the publique necessitie or good requires , or convert it to any other use then it for which they were and are by the people entrusted with such power , supposing they were no better then our calumniators , that where there were a motive or cui bono it would prevail with them to do evill , had intention of such licentiousnesse been one of the principles that moved them , what meant they without any necessitie not onely to give publique significations , that they meant to induce a strict reformation of manners , but even amid so great and dangerous distractions to begin to set it on foot , not without some further danger from those that hate it : as for any pleasures they may hereby pretend , they seeme to be no other then their indeficient and admirable pains , dangers and indignities ( let me adde and base ingratitudes , a blessed condition to fain teares and dangers that they may continue in it ) their noble constancie judging pro deo & patria dulce periculum , for all which whereas it appears they have no earthly reward propounded to them ( the like may be said of all those that adhere to the parliament ) but the conscience of having done nobly in serving god and their countrey and defending it , did the kingdome give what it could afford it were short of them , and it must be an higher kingdome that can indeed equall them and such a change of the kingdome , and no such as our malignants would have us fear , they appear to ayme at and affect ; and could they would they ayme at a tyranny for themselves , what need they have laid such a block in their own wayes , as a voluntary oath generally taken for the conservation of the kings just authoritie , and so many declarations , and publique protests to that purpose , which they desist not from upon all occasions yet to do , when as , had not their resolutions been thus fixed , divers free late declaring themselves to that effect , specially since matters of difference have arrived at this height , and the parliament so strong , and so many other circumstances ●itting , might have been forborn . but to leap over all these barres in imagination ( for in reason we never can ) suppose the parliament may effect a change of the monarchy , what form of government could they bring in instead of it ( for they will not say anarchie nor i deny a mixed government , for such is our monarchy reduced to his right temper ) democracy ? then through perjury , great injustice , and danger , they pursue their own ruine : for democracy where the people or multitude governs is enemy to the nobilitie and gentrie , whereof chiefly or solely the parliament consists , bringing all to a parity , and making all men alike in power , or rather taking away eminent persons quite , as envious or jealous of them ; whereas such have priviledges over the vulgar in a just monarchy : what then doth the parliament affect aristocracy ? ( where the nobility , or chief govern ) but the multitude or people whom the parliament hath been charged to court , in which multitude resides or consists the maine strength , and who choose the commons house , and must execute chiefly what the parliament orders , without which their orders are nothing , after democracy or monarchy before aristocracy : and doth not the parliament ( as above is said ) from time to time give particular accounts of their actions to the world ? doth there appear any previous preparing the way or disposing the people for such a change ? which were necessarie , were it intended ? at least after so long a time , they would have begun to carry their designe outward , and the people having found it , would more and more have fallen off : but we see the contrary , and the people every day more and more satisfied and assured of the integritie of their intents . but were the two houses a subject possibly capable of aristocracy , would the lords of the upper house concurre to it , which would reduce each of them to a parity in power with each member of the house of commons , as democracy would equall them both with the multitude , for unlesse the lords would loose by granting this , should the commons get any thing ( if this yet be any thing ) by this imaginary if possible change ? ) yet how could they continue , or hold it without the consent of the multitude or people ? and should the people unanimously concurre to the erecting of this or any other forme of government , who should oppose it ? but how foolish were it for a people to feare that which can never be unlesse it selfe will ? and the parliament hath found it a long time strangely infatuated , insensible , unwilling to stirre ( till time and experience had given too good attestation to the parliaments next to divine foresight ) even when it hath made appeare to them their owne rights , liberties , and implored defence : and could the parliament presume to finde them to concurre actively to an unjust and unreasonable thing , the erecting a new tyranny , not without great danger over themselves , contrary to the oaths and perpetuall protestations of the parliament . and the scots in the like occasion we see did not bring in any of these new governments : nay , were the parliament possibly capable of such tyranny , yet it being in the hands of such a multitude , and that against the good will of the people , ( for so we must here suppose ) they were easily divided , and so the tyranny dissolved , especially there never wanting a minor part contrary to the rest , and contrarietie being the cause of dissolution ▪ but so were not a tyranny in the hands of one , and in him established by the good will of a potent faction of malignants : unitie which chiefly makes a monarchy , duely tempered the best forme of government ( as above was said ) making the arbitrary or tyranny of one upon the same reason , as the worst of all , so most hardly dissolvible . wee may adde to all , that this parliament having pressed for , and obtained trienniall parliaments , whereby their actions , and demeanours in this present parliament , are subjected to frequent and certaine examens , should or could they give cause , and that perhaps by parliaments consisting of other members then these ( not to speake of other accidents that may procure such a change ) should the people not be satisfied with what these doe in this present parliament : it plainely argues , that out of the clearenesse of their intentions , actions , and consciences , they are content , nay desire to leave their actions to the censure of any : their persons , as concerning future elections , to the opinion of the people upon their demerits ; if the king please not to come among them , and looke to their doings , as they desire : if then upon these reasons and much more that might be offered , the parliament cannot have any such end of establishing in themselves any arbitrary tyranny , or of their owne private emolument , with the hurt of their countreys ; what can their ayme be all this while but the publique good , the just defence and asserting of their countreys rights and honour , by the just regulating and reducing the monarchy to the due temper ? which is all the change of the government they seeme to affect ( the same holds in all those that adhere to the parliament , and in it desert not themselves ) from which it had especially through want of due parliaments exorbitated so dangerously , that had not this like another moses beene sent by our gracious god to redeeme or rescue us rather then to defend us , and that with an out-stretched arme , forcing the malignants to it , who as they ever shunned it by all meanes , now deadly hate it , as fearing it , and in that feare confessing tacitly , that same politick omnipotence of it , which is now asserted , a worse then aegyptian servitude in humane probabilitie had overwhelmed us , and consequently the true principle or end that moves the malignants , cannot be a true feare of any arbitrary power to be established in the parliament , though they so pretend , to divert us by foolishly fearing an imaginary impossible danger , from looking to and timely opposing the true reall danger imminent and evident , nay to draw us to concurre to the bringing of it in with our own hands , which is an arbitrary government at discretion , which the malignants themselves would establish , and that by a civill warre , to the ruine of all that is precious with honest men , or men of honour : they have had such power in manner already in their hands ; and that which the king is induced by them to challenge at this present , amounts to no lesse in effect as shall appeare , the parliament yet in vigour ; what then may we expect if they should prevaile by force , which now their fallacies and deluding reasons are plainely discovered they flie unto : what but that the court and parasites of it , should wallow and revell in all licentiousnesse , luxury , excesse , with pride , avarice , and tyranny proportionable , whilest the rest languish under oppression , slavery , poverty , disgrace , perpetuall indignities or feares , accompted as their bea●●s to labour for them , and so mediocritie a state , which the wisest of men prayed for , no where to be found , but a deluge of vices fro● co●trary causes , till generall ruine involve altogether ; vertue and the glory of the nation before extinct . for we must not thinke tha● these which love their countrey so well ( for which to doubt to dye were dishonour ) that they will not be quiet and sit still to save it ( for this much onely may suffice from the multitude of them , the heads and leaders excepted ) nay can be content to ruine the glory , libertie , safetie of it , even with the hazard of their estates , lives , honours , soules , so they may in some proportion share the spoiles of their countrey , and grow fat with the bloud and teares of the oppressed people : we must not thinke they can doe thus , but to the end to have greater meanes and power to beget more monstrous in all villany if it were possible . these can fight against their countrey to make themselves slaves to a few above them , that the rest of their oppressed countrey may be slaves to them , slaves of slaves : but i doubt not , but these monsters , unlesse reason transforme them , shall meete with their herculesses , honest men and men of honour , ●eady to die for their countrey , if need require , judging such a death infinitely to be preferred before the lives of the chiefest of these , should they obtaine what they seeke . but let us end this patheticall flying out , though it be hard for the inferiour faculties sometimes not to stirre , when the understanding somewhat inlightened hath inflamed the will . on the other side , so divine a gift as this parliament thankfully recognized and made use of duely , and the just power and dignitie of the parliament , and therein all our happinesse wisely and manfully now once asserted , moderation and mediocritie induced , the monarchy duely tempered , may be in humaine probabilitie perpetuall , and all the surfet become physicke . and this violent feaver of the state having amazed and drawne to an head all the malignant humours before dispersed all over the body , and lying dangerously hidden , and set on fire , consumed and expelled them ( like the filth of an house swept into an heape and burnt ) the whole body may be much clearer sounder and better disposed , then had not such a distemper ever beene . i hope it appeares already were there no more then these presented weake reasons to an ordinary rationall man ( if far better from others be too meane for his majestie ) what way he is to take that all may be well ; and seeing but one side can be trusted with the power of the kingdome , which of them is most unlikely to tyrannize , or reduce all to arbitrary government , or which will most probably use it to the publique good onely , or whether in such extraordinary times it doe not most safely repose where it is originally , naturally inherent , viz. in the peoples owne hands , and so in the parliaments : nay were the case hitherto dubious , yet since libertie first made appointed limitted prerogative ; for they confine together , as the people ( in whom is the radicall , primary supreame power , and who made kings , not kings people ) thought best , when it first made choice of , or instituted this one forme of government among divers others , which we call monarchy , and whereof there are sundry degrees in sundry states , some more some lesse trusted , or limited , as the first founders pleased , ( els why are they not all equall since free and voluntary agents worke or doe onely so much , or so far as they please ; and the various subordinate degrees or kinds of the creatures prove the divine majestie to be agens liberrimum , els the creatures would be all equall : an involuntary or naturall agent ( as philosophy termes it ) ever working as much as it can , or to the utmost extent or sphere of its power and activitie , and so an equalitie in the effects ) since i say , libertie or the people first created ( as i may say ) prerogative , and that so tempered , modified , or graduated , as it thought most conducible to its owne happinesse ( for the supreame power ever worketh for it selfe rather then for the subordinate or inferiour , as being the end ; the efficient and finall causes being here co-incidents ) it is just , that this , namely , libertie , judge and give law to that ; and that this , if an unnaturall jarre fall out , gaine and prosper rather then the other ; and since the people reserved ever in its owne hands , and saved to it selfe upon the trust to the monarchy , what priviledges , right of parliament , or liberties , &c. ( parcell of the originall power naturally in the people , and which may draw backe to the fountaine the derivative power , as the bloud and spirits to the heart , when there is cause ) it thought best , surely it must doe this with purpose to see them conserved as safely as may be , and upon occasion to make use of them and enjoy them , which could not be surely done without a power reserved to judge of the state of them , and when they were to be used , and the like , ( for if the prince be trusted touching the keeping himselfe within his limits , he may even as well be trusted absolutely without limits : ) nor such power to judge of them is to any purpose , as above-said , without power to execute what is judged hereupon fit . so the parliament judgeth in this case as the first authour , and superintendent of the intent , and is not as a partie to be judged . further , were the matter yet dubious , yet seeing the protestant religion , the power being in the parliaments hand , is far more out of the reach of danger then the other way , even without calling his majesties good meaning into question therein , as i hope anon will appeare it ought to put it out of all question , how wee are to range our selves in these times . the parliament having ( our case so standing ) such power as is deduced , whatsoever would seeme to oppose that power and stand in their way , as they defend and assert the publique good so invaded , must be voidable : and usuall ordinary known lawes or customes made or in use supposing , or whilest the prince kept duely within his bounds ( which the king speakes so much of , saying , that he will ever governe by them , and hold all to them ) but ever intending the publique good , are no way to bound or tye up the transcendent power of the parliament , when it shall encounter new and never before heard of exorbitances or invasions of the publique good , which the times that made those knowne lawes never heard of , so never provided against . but by proportion of reason this parliament may and ought as well provide by new ordinances or orders for such new evills as they encounter , as the former did for what they then met with : for they had their originall also ( ex malis moribus b●nae leges ) and had those times had such causes offered , as these have , they would have provided remedies of a nature like those this parliament hath done , the power and generall intentions of all times , or the universall ground being still the same , that is , to defend and vindicate , or procure the publique good : and to tye them to the knowne or old lawes in this case , where the letter might kill , were irrationall ; for so the first breaker of the lawes might take the priviledge of the lawes , and advantage of his owne wrong , and under the colours of the lawes fight against and overthrow them , or the rule , reason , or intention that caused them at first . if it be said , nothing was done by the king of publique consequence , but by advice of the judges , it may be answered , that the parliament is the onely competent counsell & judge in cases neerely concerning the publique , and people in generall , which the king is entrusted upon such occasions to call , that the whole people may not but upon extraordinary causes be troubled to elect for parliaments , and attend that service : but in such a case as ours by virtue of the legislative power residing in the parliament it may make new ordinances , at least for the time , as it sees occasion and judges to be in order to that supreame and immutable law , or law of lawes , and end of them all ; salus populi suprema lex , and that power even of making new lawes is ever upon the matter in both houses of parliament , and that even when the king keepes himselfe within his due bounds , and is assistant in parliament ( how much more then , as before is shewed , if he shall by exorbitating dangerously bring himselfe within the compasse of our case ? ) and that the kings consent to what the parliament propounds to him , to be enacted for law , ought not to be denyed , may appeare by comparing this following part of the oath , which the kings of england at their coronation take , or ought to take , cited in the remonstrance of the th of may , in haec verba : concedis justas leges , & consuetudines esse tenendas , & permittis per te eas esse protegendas , & ad honorem dei corroborandas quas vulgus elegerit secundum vires tuas ? respondebit ( rex ) permitto , & concedo . comparing this part of the oath with the clause of the preamble of a statute there also cited , intimating that the king is bound by his oath to remedy by law such inconveniences , as the kingdome may suffer in the future , as well as to keepe and protect lawes already in being ; for then either those latine words here cited , or some part of them , and that the latter , namely , quas vulgus elegerit , are to be understood of lawes futurely to be made , or else it cannot be shewed by what part of the oath , as the said preamble affirmes , the king is bound by law to remedy the mischiefs that happen from time to time to his realme . nor will the lawes of grammer , or use of speech , or custome of phrase tolerate , that , elegerit , without the conjunction , si , or the like preceding , or regulating it ( though we passe not by unconsidered the rude speaking of those times ) can ever be taken for elegit , the preterperfect tense : but as it stands in the fore-cited place , must of necessitie participate a future nature , and signifie precisely , shall have chosen ; that is , that the king assumeth to confirme such lawes , as the people shall have chosen ; it being to be conceived , that the people , or parliament first amongst themselves , must have debated of , chosen and agreed upon them , before they present them to the king to be confirmed . besides , if those cited words , et permittis per te esse protegendas , & ad honorem dei corroborandas quas populus elegerit , should not referre to future elections , but to past onely , they were superfluous and vaine : the words precedent , concedis justas leges & consuctudines esse tenendas ( which presuppose necessarily , and cannot be understood without a precedent election and consent of the people to them ) expressing sufficiently lawes and customes elected , already confirmed and in use . and the kings answer to these cited words , being bimembris , or two-fold , concedo & permitto ( all the other answers of the king to the other questions in the oath , cited in the said remonstrance , because the questions are meerely simple and single , conteined in one word only , as to one question onely ; servabo to another onely ; faciam being also single , and in one word ) argues the question to be double , as is said . and that the king is not bound onely in generall thus to remedy the particular wayes or meanes left to his choice ; see the said remonstrance , folio . which ought to have it selfe sufficed without such poore gleanings , as these , or the like : if then by these and other better reasons which others have presented , the parliament hath such a legislative power , even where the king dischargeth his office , as upon the matter to make such lawes as it judgeth best for the publique good ; where through the prevalence of ill men about him , it is not done , but the contrary , and so the danger is from him , shall not power be in them to make new ordinances , or provisionall lawes , for the timely remedying such publique mischiefs , at least for the time , and to suspend some of those in being , if they judge fit ? how much more then to judge of , declare , or interpret those that seeme dubious , ranging and making all to be subservient to the supreame law salus populi , the rule and reason of all lawes , as was ever intended at the making of all particular lawes . hath not even the lord chancellour a little touch of such a power upon the common law ? what then may we thinke a parliament hath , and that when the very publique is in danger ? and if the whole people unanimously consenting , upon a princes not performing what he is bound unto , may possibly change the very forme of that limitted government , which it first instituted , how much more may it conserve or defend that temper or kinde of government , which it hath erected by regulating the enormities of the prince , by maintaining and holding what they have reserved out of that which was all theirs at the first , or their owne rights ? how many degrees then are they off from being bound to become themselves the instruments to overthrow them ? how strongly are they bound to the contrary ? and indeed were not the parliament the supreame judge in all the said questions , or of like nature , ( if we may call it a parliament at all , not having this power ) it could not possibly save the people , when ill men prevailing upon the king would oppresse it ; for while they carry on by degrees , and mature by little and little such their mysticall and pernicious designes ( which must be met with betimes in such tender and jealous matters , before they advance and grow strong , when caution comes too late , and opposition out of season doth but exasperate and increase the evill ) they will cause the king by fit instruments for the purpose , to pronounce , judge , or interpret each such degree or gaining a new and further point , still lawfull , and not subject to question , however dangerous to the people in it self , and of worse consequence , till the mysterie at last unmask , and all be desperate . it may be superadded , that should the parliament be more jealous of the prince then there were reason , ( which yet as i hope hath appeared is not to be imagined of the wisdom and justice of the parliament ) yet it were the farre lesse evill , that the prince , being but for the people , should somewhat suffer by such the parliaments jealousie ( which were but peccare in meliorem , & securiorem partem ) then that by the parliaments too much security and beleeving in the prince , the people or whole kingdome should be endangered , or oppressed for whose good they both are ordeined , as means for the end : besides that the authority and politique infallibilitie of the parliament must be by all that love their countrey , not blemished but held sacred and inviolate , as supreame . the king indeed saith he will defend and maintain , the laws , liberties , properties of subjects , just priviledges of parliament , but even in saying this he seems to violate them , if the thereby assume the supreame judgement of them to himself , which , as already partly hath appeared , and further hereafter may do , cannot be ; admit this trojan horse into your walls , allow this , all of them may easily resolve into nothing . consider well , what judgement hath been made of the laws , the libertie , the property of the subject , before this parliament , whilest a future parliament was doubted and feared , and therefore kept off as long as these malignants could , ( but their fear and hate shews what we ought ardently to desire , and love ) whilest so many monopolies , loane , conduct , coat , ship-money , and the like grievances were brought upon us ( our persons not going scotfree ) as consisting well , and compatible with our laws , liberties , properties , and adjudged lawfull , which yet what did they , or ere long going on at least would they have wanted of making them all meerly at discretion , pleasure , and will , the meer names of such things remaining , and used indeed , as trophees of their conquest , and monuments of our quondam felicity , and at leasure to be lamented folly and eternall shame . the danger of our religion is not forgotten , because not ranked in mention with the rest , it shall have a better place by it self , as a queen sitting alone . the judgement made of priviledges of parliament during this parliament seem to have come little short of the judgements made of our liberties , properties , &c. and if it be duely weighed . first , that they will have the king to be judge of them , then what judgement hath been lately made , both in fact and in words , or declarations of them , a man meanly penetrant will find them resolved by the positions of these malignants into next to nothing : and all this while the parliament was and is in vigour , vindicates , and asserts them , and likely to call these men to account , what will they make of them , should they through the authority , and reputation of this parliament , which is the essence of it , peirce at once the heart of all future : for a parliament not free were no parliament , and if the king be allowed judge of priviledges of parliament , where any new case happens which may touch the very essence of it ( if it be any thing else then the priviledges ) will it not come to this , that the judges he appoints , or rather such instruments , as the malignants about him please to set over us , shall upon the matter judge the parliament , which is to judge their judges , making it and the laws what they please , and to restrain the power and freedome of it , as of the laws , as they think fit ; whereupon would follow even the same inconveniences , which were before mentioned , supposing the king the supreame judge of the laws , namely , that the parliament should be disenabled to defend the people , or indeed it self if incroached on , or oppressed upon the same reasons in that place expressed . but it seems more rationall , that since the parliament is to be judge of the laws ( as is above shewed ) nay even may make them , at least in some cases ; it may judge as well of its own priviledges : neither appears it in the kings power to make them , what he pleases , save onely thus : if he doth not exorbitate , nor innovate any thing against them , neither can the parliament desire any alteration of them in any point , betwixt it and the king , concerning them . but in case of extraordinarie emergents of never-before-heard of attempts on his part , whither by any verball declaration , or by fact , whereby the priviledges , authority or very being ( for it may trouble a good school-man to distinguish clearly betwixt these three ) it self of the parliament is indangered , it is reason , that the priviledges now become any thing that the parliament judges fit for the conservation of it self . for the maine end and intent of the first , ancient , ordinary , and usuall priviledges of parliament , being to enable , and qualifie it for the due attending , defending or advancing the publique good ( for which purpose they were judged sufficient by the first institutors , not suspecting such new invasions , or attempts on them , or on parliaments as since have happened in more corrupted times , but thinking them rather secure , as part of the laws , or customes which kings are bound to keep inviolate ) why should not the same end and intent , which ever remains in equall force , immortall , and immovable , work and move , as well to the instituting even of new ones , if new causes happen , and without such new ones the parliament shall remain disenabled to procure the publique good , for which it was ordained ? and if the parliament may in extraordinarie times as now make new ordinances for the conservation of the people , it may make ( if need require ) new ordinances or priviledges ( which are but the private laws of or concerning the parliament ) for its own conservation , without which they cannot defend or conserve the people ; and in vain had it power to make new ordinances upon new occasions for the publique good , if it have no inherent power to make new priviledges or ordinances upon new emergent dangers to save it self , posse naturally and necessarily presupposing esse , as grounded on it ; qui dat finem , dat necessaria ad finem : the priviledges being to defend and maintain the parliament as the laws the people , and as salus populi is lex suprema , as before , so it may as well be said , salus parliamenti supremum privilegium . if it may work new , it may much more interpret , declare , and judge of the old on occasion ; and are no more to be held to the old , usuall , known , priviledges , when new extraordinarie attempts , or affronts happen , then to the old known laws onely in the case above spoken of , and upon the same ground and analogy of reason . and here we are fallen unawares on the old lord treasurer burleigh , who we need not say was a great statesman , who was wont to say , he knew not what a parliament might not do : not much unlike the archbishop bancroft ( a great statesman ) who would tremble ( as is said ) at the mention of a parliament , as knowing , or rather not knowing the power of it ; and had not they both taken the word parliament in our acception , they had told us no news . it is one effect of ill counsell about a prince ( in the consequence somtimes better then in their intentiō ) to minister occasions to the people by invasion of their rights , to look narrowly into the nature of the princes prerogative , when by the power of truth , it oft looseth of the former reputation ( which liberty gains ) : a more dubious light setting it of better , and ignorance begetting here devotion , and admiration , of what is unknown ; & hence it is perhaps , that in these times as more polite and penetrant , then many former ages , prerogative is said generally to loose in christendome , the better thus fortified against the so great , and growing danger from the common enemy the turke , and other great mahometan princes the great bulwark of christendome , germany , now so torne the more requiring it ) by so maine a disparity in matter of liberty ( the mahometans using their subjects , as their beasts , or slaves ) as well as of religion . but to our way from this digression . we may from this place take a prospect another way into the plot of these malignants ; being by a crew of our own nation but unnaturalized , partly not penetrating their deluding pretences by reason , as naturally simple , partly having their understandings debauched by a will instantly solicited , or over-ruled by enormous affections , and passions : which second kind may constitute a middle degree between malice and simple ignorance ( might this simple tractate gain one of the first sort , the pains taken were a pleasure , but should it hope to win one of the second degree , this presumption might make bare pardon too much for it . ) there is a third sort in whom their understandings and consciences though having perfect light and cleerly discerning the truth , and right , yet are like slaves forced , and dragged by a diabolicall will ( affections in this degree not mentioned , as arguing grosse carnality , or corporealnesse : but these are spirituales nequitiae ) by such a society , whilest they speciously pretend to defend priviledges of parliament , laws of the land , liberty , property of the subject , &c. but whereof the king must be supreame judge ( for in this point lyeth all the mystery , and cabala ) through this mortall wound of the authority and essence of the parliament , the true , and onely judge , and consequently defender of them all ( as above is shewed ) to strike the heart of them all , leaving us onely tenues umbrae , or manes , or apparitions of them , to pursue , distract and torment us , as accessaries to the murder , or rather principals ( since no accessary in treason ) if we passively concurre , much more if we help to act it , thus the matter being disposed they may introduce the form ( the perfection of the work ) and the state at their discretion , and the way of the lord pope prepared , and his crooked paths made straight , they may easily bring him in , as after we may endeavour to shew . but if the plot seem not deep enough laid , as supposing and hoping at home so many monsters , and vipers ( though the fewerneeded , the sound partie of england and scotland already distracted by the irish rebellion to that end if not at first raised , yet sundrie waies fomented by them ) then perhaps to peice it from abroad ; and by cutting the banks of the kingdom to let in a deluge of forrein forces , and so yet further subdistract the remnant ; if we conceive the fleet of spaniards , seen not long since at the downs , carried any mysterie , or came not unsent for , or moved not to no end , or hull so eatnestly made at , newcastle , portsmouth , &c. signifie any thing ; which though intended to distract england , and ruine it , may rather ( opening our eyes , and disabusing us ) by gods over-ruling unite it as in a common cause against an universall and evident danger , not to speak now of other matters judicating the same . and they intending in england a government at discretion , and all made in all probabilitie , or after the french fashion ; if the middle sort of people of england , and y comanry , of whom chiefly consist the trained bands , and wont to be a maine strength of our victorious armies , can by no subtilties be drawn to their party , then by policy , or even plain force to disarme them , suspecting as they have good cause that these , if once they be unhoodwinkt , will especially oppose the change as whereby they from being in the happiest condition of any of their rank perhaps in europe , nay in the world ( who here live like men , and are wont to fight , or die like men in honour or defence of their countrey ) might well be reduced to the termes of the peasants of france , of villenage , and slavery : a fit recompence for their danger and pains should they fight and labour to bring it in . as for the scum of the people they judge it either sencelesse , or carelesse of the publique , and desiring a change , or easily drawn , where there is hope of greater spoil , and pillage . we may place so much the more below this scum many of the greater sort , that stand for these malignants against the truth and right ( every day more and more p●●in●y convincing them ) and against their countrey by how much they owe to it more then the rascality doth , yet appear to be drawn with hope of spoil , and pillage in their degree and proportion as much or more then the rascality it self . but thought it be so with the state , is our religion in danger that way also ? why else are the papists so active , so busie ? is it onely that they may be slaves ? but in a politick way onely use may be made of them , and of their power , without any intent to symbolize with them in their religion , as sometimes hath been done in other countreys . be it so ( though it be not good to be prodigall and facile in our grants which our religion may pay for ) yet taking it this way , so great a service so seasonable at such a pinch ( when all good subjects , and judicious honest men fail them ) received from the papist , must draw on in way of gratefull acknowledgement , some favour at least some advantage , which cannot be but at as much danger , and disadvantage of the religion ( not to insist how hardly they will lay down their armes once taken up , and victorious , or the king be able to make good his faith , or word ) . and are not they the fittest and surest meanes to conserve a state , that have been thought and found such for the acquiring ? but be this as it may it is clear , that can the papist bring the matter to an absolute , and arbitrary government , and render the prerogative immense and even divine , they gaine a maine point on our religion , for then between them and the heaven of their desires , there were interposed but the turning of one will , and that one alreadie prepared , disposed and inclined to them by such meritorious supererogatory service , and further propitiated by the so strong intercessions ( how strong ( to speak like those we have to do with ) when used by her that may in somethings even command ) our soveraigne ladie mary . ( i had rather seem to some a little too much tyed to sence onely , and to the present times we yet live in , when i presumed to use that phrase : turn , or change of one will ; then with others , by the abstraction of a potent imagination , found worthy to have been rapt into the glorie of those times , in stead of change of will : to have used a phrase or sence seeming to such more orthodox , terming it rather an externall manifestation and declaration onely to us here below of that which was ever from the beginning predestinated internally since in gods no reall change nor shadow of change ) but the other way a whole parliament at least must be first turned , and that in diametrall opposition with the papist , and should forreign force come in by portsmouth , plymouth , or falmouth ( what if we adde ireland ? ) to induce tyranny , religion runs equall hazard with the state . and it may be , the kings forces running lately with so strong bias so eagerly at banbury , warwicke , coventry , &c. esteemed most opposite indeed to the papist , though perhaps not otherwise direct to the first , or maine mark for the present , of these malignants , may judicate and argue , without any sophistry , a present complication of the disease , and the duplicity of the designe , and danger : or if not a present essence of a double disease , yet a dangerous maladie now in being alreadie , but breaking out into a symptome more to be taken heed of then the very disease , and depending on it : but they object , our religion is on the other hand more indangered by brownisme , anabaptisme , &c. suppose this true , and that these should get strength , nay prevail with the parliament ( which it is charged to promote upon as likely , as strong , and even the same grounds , as it is to affect the change of the monarchy , yet as we said of we know not what new form of government , supposing ridiculously the parliament did introduce it , it were easily dissolvible ; so obscure brownisme or anabaptisme were much more easily mastered , and redressed , then most politick , potent , all over bearing papistry , likely to be backed with forreigne force , which i think none will say is to be feared from those other scarce known , weak , poore sects , whose obscurity , and paucity , hides rather and exempts from animadversion , and would the parliament attempt this ( though we might justly refuse to dispute with those that denie principles in this kingdoms policie , calling still in question the wisdom , justice and honour of parliaments ) could it ever effect it without the peoples concurring ? papistry so increased at home , so countenanced might ( if it doth not already with their good friends help in ireland , and elsewhere hope to force entrance ) . how foolish then is it for the people to fear that , which can never take effect , unlesse it self will have it so ? ( i fall unawares upon the same answer here used before touching the supposed change of the state , because the false grounds they would seem to go on here , and there seeming the same ) and if the whole kingdom or people will have it so there is no opposing . but hath not the parliament taken a voluntarie oath ( besides so many publique protestations , and other obligations to us , the scots , and the states of the low countreys ) for the maintenance of the protestant religion , which they are too wise , and just needlesly to have done , and so should they do otherwise to incurre most justly universall falling of , or rather falling on them , had they had any intent ever to have done , as these would seeme to fear , to direct us here also from looking at the true fear and danger , nay to draw us with our own hands to pull it on us ; we may superadde , that the voluntary oaths of such a multitude as the parliament on whom no suspition at all can fasten , of inclining to that religion , which takes upon it to dispence with oaths and equivocations , and thereby with the law of god , nature and nations ( which intended to advance it , will by gods justice advance the ruine of it ) are better security , then our malignants have or can give us on the other side , the antithesis in each part inquired into duely as the subject well deserves . but these men would here also take benefit of their own wrong , according to their usuall method ( it may appear what correspondence , or good intelligence the maine dangers of our religion and state still hold mutually , or how they resemble ) . necessity of the state , nay of the very preservation of it self ( whereof these objectors are manifestly the authors ) may justly and too evidently doth compell the parliament to the setling of religion , ( though the end of policy and however first in esteeme and intention , yet not so in the time of execution alwayes ) after the ordering of politick affairs ; and in such desperate times as these , not to do this , were but a sacrifice without salt , a foolish superstition ( like that of the jews , who would rather sit still , and so suffer themselves to be cut in pieces by the capitall enemies of their state and religion , ( contrary to david who in necessitie spared not the very shewbread ) who maliciously invaded them purposely at such a time ) then arme or fight upon such necessitie on their sabbath ; which they complain the parliament will not now do ; which should it now , one ruine might involve both church and state both at once : yet hath it not altogether , even such times notwithstanding , left it self without some testimony of their good intentions herein , as particular acts or orders of theirs do shew to the world ; but the attempts , and facts of the malignants , evident to all men apologize too well for the parliament in this point without any words from any man , if we weigh the desperate estate of publicke affaires well in these times , caused by the malice of these monsters ; which times forcing us for a while to content our selves with an implicite , or generall faith , as touching the ordering , reforming , or setling of other particulars concerning religion , which cannot for the said necessarie reasons and the like ▪ be yet effected ; yet we have , besides many other raducements obvious enough to confirm such implicite faith , this also that of such ordering and setling these matters , as is to be wished , there is farre greater hope , and presumption ( caeteris paribus ) from those divines , that preach and cry down the temporall greatnesse , pride , riches , avarice , &c. of the clergy , and so all their own hopes and pretensions that way , and consequently from the parliament , which we see countenanceth such men , then from the contrary side : that professing likewise in a speciall manner and degree , mortification , contempt and renouncing of the world , and of the glory , greatnesse , and pomp of it , humility and the like ( as minding heavenly matters , and things above ) as principles of the doctrine and religion they presse upon us , yet are not ashamed to appear to the world invested ( through various mysteries of iniquitie ) with so great a share of whatsoever the most worldly men ( whose highest contemplations ascend not to the moon ) compose their trinity of , as may enable these men thus crucified , and dead to the world by their own earthly power , greatnesse , authoritie ( not to insist on that kind which they have in our times , attempted to render , in some points , or cases at least , independent of the crown and absolute ; and which earthly greatnesse , rather then the parliament shall question , or regulate , they will question and condemne the parliament , and advance a civill warre , or forreigne invasion , to the evident danger of a generall ruine , and abomination of desolation of their countrey , nay church it self , which these hypocrites would seem to stand for ) as may enable them , i say , by their own temporall potency ( which in the hand of such men becomes more dreadfull , then any spirituall power they exercise ) sufficiently to keep in awfull silence , if not to bring into a kind of inquistion , such as most heretically shall not captivate and subdue their understanding and reason under so strong a faith , as to beleeve , that these chief ones ( who ought to be most eminent of all in practising the said principles of renouncing the world , humility , mortification , &c. which they recommend , command , and enjoyn , as leaders and captains for all that should follow them on so difficult services ) can yet practice and pursue , i say , so ardently , so desperately the clean contrary , so as if they would have others quit the world , onely that themselves might seise ●t ; and yet thus by their deeds drawing into suspition , doubt , imsprision with multitudes of men , nay , even consuting their doctrine , not be a maine cause of the miseries and calamities of the world , whilest deluges of sinne and wickednesse , and pernicious consequences breake in at this so great an overture of the faith , thus discountenanced , and discredited , and even called in question ; will not many incline rather to beleeve , that this practice , this doctrine , so destructive one to the other , is sowing their feilds with mingled seed , wearing a garment mingled with woollen and linnen , so for bidden in the mosaike law ? that such a ridiculous unsuitablenes between such profession & doctrine , such practise and deeds , is rather a mockery of the world . will they not like one cicero speaks of , wonder cur aruspex videns risum teneret ? though the mahumetan sect be grosse , and carnall , and the mahumetans themselves exceeding devout in their kinds , and superstitious , having their church-men in great reverence , diverse of them rich and prosuse otherwise in works they conceive any way pious and charitable , and though otherwise the nation very covetous , yet i thinke it will not be easie to shew that their chiefe church-men in generall , in any temporall greatnesse or riches , doe not much rather resemble the mendicant orders among the papists ( did they hold themselves to their rules ) then the papisticall or our prelates and chiefe clergy-men , who yet professe themselves leaders in so spirituall , so heavenly , and sublime , so world-renouncing a way , faith and doctrine . it is true the turkish muphty or chiefe priest , is by the grand turke , partly to please the people , in shew and shadow greatly honoured ; not perhaps without a competency in revenue , but i take it hereabouts their devotion of any note this way ends . as for any temporall greatnesse and riches the mesaicall clergie might have , wee are taught , these were rather grosse and sensible types , then any thing else , of the spirituall eminency , graces , endowments , and power , that ought to shine in the sublime and heavenly antitype ; whence their true authoritie with the people and reverence , and even veneration to their doctrine , places and persons must slow , conserved , encreased by ever constant and invincible rejections of the least not necessary temporall matter , if pressed on them , as an high dishonour , or affront offered to discredit them , a bribe to corrupt them in the execution of their embassage , a baite to entrap them and frustrate the service they are sent about , a temptation of pernicious consequence , nay , of what the state may adjudge and assigne the clergie as necessary ( if it might be ) a vo●●ntary and absolute declining of part even of that ( for i doubt not but the state would appoint such a proportion , as might to duely mortified and spirituall men , afford matter for the honour of such a refusall would undoubtedly adde such authoritie and reverent regard to them , and their doctrine , that men seeing they seek them not theirs , nor will admit more of the world , then what is meerely necessary for them , for the discharge of their places ; you shall discover a new world : men by such courses which will bring on doctrine proportionable , will be so moved that cutting off each in his proportion greatly , even their own superfluous vanities , much more their sins : what our spirituall men may so have refused , with infinite more by others thus cut off , may be distributed among the poore , ( besides the benefit of such examples and doctrine , extending even to these : ) and so universall charitie , reducing all to a blessed kinde , if not of paritie , yet of proportion , leaving the least in a tolerable mediocritie , a golden age or primitive times may rise againe in the world . but the way to this heaven is first to goe by the gates of hell , as through the parliament the kingdome is made at by the true malignants , so through or under colour of a pretended malignant partie , that seduceth or ruleth the parliament , the parliament or authoritie and dignitie thereof is attaqued , but sure this is propounded as an article of faith , and to weake reason past comprehension how it can well be : but how ever they are misbeleevers and hereticks that pertinaciously reject an article of faith , and with force to be proceeded against ; yet force being found oft none of the best wayes to extinguish heresie , but rather the canker spreaded and exasperated by rude handling , many have not and will not be deterred from advancing such as these , plaine or stronger oppositions , if any of this malignant partie propound any thing ( as in all great assemblies some must breake the matter and begin ) and the house consent to the proposition ; it is now the act of the whole house : if any propound or speake things that seeme to others offensive , or to deserve animadversion , and yet the house , or major part punish it not , they by such connivence ( for these men may be allowed to question still principles , that the parliament would doe dishonorably , and yet come short of their malicious intents ) make it also this way their owne ; and so not these censors , or any els but the parliament , as above appeared , is to judge of the parliament ; but such censors themselves are to be condemned by the parliament , for thus presuming or assuming to themselves the supreame power to judge ; besides particular charges and articles against such were to be offered to the house , the accusers and witnesses to be produced and forth-comming , that if they make not good their charges , the parties unjustly molested and accused , might have condigne reparations upon them ; and the house it selfe satisfaction , the publique service thus causelesly interrupted , and the integritie of the house called in question , and the like , appertaining to cases of this nature . such charges have been promised long since should suddenly appeare against the accused members of the parliament , and by them as justice earnestly required , but appeare not all this while , not so much as to the people abroad , ( though this were not the right way ) which they so strive to incense against the parliament , but rather warre in stead of them ; and seeing so many of the very members of the houses of parliament are their enemies , falling off from them unjustly ( if none such still remaine among them ) were things appearing unjustifiable there said or done ( if it might stand with the libertie and power of parliament not to have libertie of speech ) it might easily be made appeare in particular to the world , and so complaint be made to the parliament thereof , if it were to any end to complaine there of that , which hath already passed without punishment . but seeing the parliament hath power ( the case standing as before hath been shewed ) to doe in all things as they see cause ; by good consequence their speeches necessarily preparing , discussing , agitating , concluding what is so to be done , cannot be subject to any limitting , questioning , or accompt abroad , nor in reason therefore are to be divulged in that sence ; this being incompatible with such power . but then these haters of our law-makers and lawes , say ; many of both houses are away , and so the acts lesse valid ; but be the number remaining little , yet the acts of the major part of that number are still good . for neither the king that called them away , or countenanceth them that desert their stations , may ailedge this ; nor the members that voluntarily ( not upon trust in those that remaine , or leave obteined ) abandon their places there and duties , are to take the benefit , either of their owne wrong , whether negligence in such members , or worse perhaps , nor of their owne unworthinesse , as cowardise , to oppose what they liked not : which feare ( admitting such could be ) argues still that they that feared were the lesser number ; though what needed they feare to speake freely , a dissenting lesser number being ordinary , and sometimes a very few , perhaps scarce enough to make a number , dissenting openly from the rest of the whole house without any inconvenience ? it being allowed for any to speake their minds whilst a matter is in agitation before it be settled . if they say , they goe away that they may not seeme to allow what would passe though they were present : then the major part concurres to what is done by their owne confession , els why stay they not to oppose it ? if they say , so many are gone without leave of the houses , as put together would make the major part , supposing this were true , either such a major part went away at once in a body , and then it was their fault not to stay ; for then they being the major part had prevailed ; or they went by little and little , and then still it was a major part of the remainder that concurred to what was done , els it had not passed : and so the acts still good : if they fly to say that they who thus deserted the house out of feare , did it not as fearing the parliament , but the people ; granting these men this , which is not their due , that such had cause to feare the people , and that such base feare , when as they pretend , they were to stand for the king , countrey , lawes , liberties , religion , and did not render them utterly unworthy their places : it may be answered briefly ; they that remained and carried matters , might feare the king as much or more : but their cause was noble and good ; but these or the like cavils will no more hoodwinke the people : their onely course were to produce some publique act of parliament , that might certifie the world , that the king and both houses have long since unanimously concurred to dissolve this parliament ; else sophistry will not carry it against the manifest truth . by the premisses or rather by diverse excellent tractates published by others to the same , or the like effect , i hope it is even as cleare that the parliament is and ought to be the supreame judge in publique matters now in question in england , as what it is , it hath judged and ordered touching these things , by so many publique orders , declarations , and the like ; and consequently that reason wills that they be sacred in our esteeme , and punctually obeyed and executed , and so no need of warre : and whosoever goeth against reason and truth , goeth against god himselfe , who is prima , summa , pura ratio , and it will concerne him nearely to looke to it , whether he be stronger then god : goeth against himselfe if he be a man , and shall first finde a civill warre in himselfe , before he can cause it in his countrey upon such grounds , and for his majestie he cannot as he is a king , but judge that , that man thinks dishonourably of him , who goeth about to perswade him , that , that can be for his good that is not for the good of his kingdome , and so sever what is so excellently joyned ; or that the great counsell of the kingdome is not the onely , at least the very best , and the onely sure and securing way without all doubt , for that prince to follow that intends the publique good : and which will ever assuredly concurre with him to that end : nor in opposing an arbitrary power , which ill men about him for their owne private and wicked ends , would induce : doth the parliament any thing but disenable a prince , or rather those about him from doing ill , or more properly from usurping such power ; which to what end is it in a good prince , which he will or can never reduce to act or use : but the false or pretended mother of the childe , who would have it divided , ( whom the wisdome of the king may discerne ) will whisper , there is no thankes or glory to doe good , unlesse he might have done evill , and so did good freely ; since free will onely merits ( i beleeve they hold merits ) it seemes these malignants fetched not this doctrine from heaven ; for there we may finde that confirmation in grace in the angels and blessed spirits of just men , whereby compleat free will , or the remaines of it ( which free will argues but imperfection and mutabilitie ; power to sinne being but impotency , and the king of kings , god himselfe , who is perfection it selfe , being above and without all power or possibilitie of doing any evill , yet , ( rather therefore i should say ) omnipotent in or for good ) that confirmation in grace , i say , by which free will is transfigured and sublimed into a state divine ; and posse non peccare , into non posse peccare , is a transcendent blessing , if not the very essence of celestiall beatitude ; where these suggest , such a condition is to be declined , though with ruine of all : but howsoever the divines of our times may not allow the explication or application of this point , we may hope his majestie out of his princely care of the good of his people , though both himselfe and it may beleeve well of his good intents to that purpose , will be far from judging such a puntiglio of arbitrary power ( for however it may fill and tickle the phantasie , yet deeply and duely penetrated into by judgement , it appeares to resolve even into no more ( if a puntiglio be any thing ) or least it might possibly be thought , he would , or might have done evill , had he not been restreined from it ( when he cannot violate such just restrictions , without first doing the greatest evill of all to the publique ) from judging , i say , such a puntiglio a just and sufficient cause to destroy the people by a civill warre ; when were this power indeed justly belonging to him , yet true love to his people might judge it no other way usefull , then to have the glory and thanks of relinquishing it voluntarily , least otherwise the peoples good and safetie for a puntiglios sake , or satisfying a phantasie , or an humour of one man , should depend on the turne or change of one mans will , whensoever it may happen , and more then this , great and noble minded men , though no christians , have more then once done , when having in their hands absolute power over their countrey ( not unjustly gotten ) they have freely and of their owne accord given it up absolutely , judging it so best for their countreys good , leaving it even in full libertie , and so living themselves in , or rather under it , but much higher in true glory and honour then ever . but though such power is not here in his majestie , he is yet not without meanes in his hands , and a faire opportunitie to lay a tye not altogether unlike on his people , and to exhibit freely great and publique munificence all at once , by a faire and voluntary relinquishing all contestation about it , whilest yet a malignant faction , preferring their passions before reason , and conscience , before his honour and safetie , instigate and assist him as much as they can , or rather would make him their instrument to compasse it by an unnaturall pernicious civill warre , on whom the blame may justly be laid , as they alone would have gone away with the benefit . by these and the like passages had beene , and even yet ( so it be betimes taken ) may be the way to the true arbitrary power indeed ; the peoples hearts ( where god begins with man , as at the right end ; this is the divine method ) which draw all the rest sweetly , which the pretended false bastard arbitrary power , could never by unjust violence effect : and thus by fairely quitting the pursuite of the false , the true may be gained : a magnanimous prince , that confides in his owne vertue , will put himselfe boldly and securely on the free wills of his subjects . it is in manner a divine charecter ; scire , & velle liberis hominibus imperare ; to know how to temper and governe free men , gentlemen , princes ; and in such a condition god made man , to serve his glory best : and is it not a more glorious thing when a prince shall by his great , proportionate , and heroike vertues , render them at his devotion , and make them his voluntary slaves , being otherwise free and noble , then if he found them made slaves by the practise and vices of others , or so made them such himselfe . thus a free people is a strong motive and occasion to a prince to ●ender them wholly his by extraordinary vertue ; the fall of this emulous carthage would shake rome , though in opposition with it and therefore the noblest of the romans best and most wisely loving rome , for romes good advised carthage should stand . but reason evinceth , that persisting as he doth , he remaines sequestered from all just power and authoritie , as touching the matters in question between him and his parliament , on the justice and wisdome whereof he may safely put himselfe , secure , that they will not , nor can devest him of any thing , that justly belongs to him : onely reason and right require , that it be left to the parliament to be the judge thereof , without which power , the people and kingdome cannot be safe , as stands deduced . monarchy thus tempered by libertie and prerogative , as it is remote from intrinsicke causes of dissolution , so from externall . if a prince governing at discretion invade it , the partie in the goodly arbitrary government excluded by the distemper of such a state from the benefits of libertie ( the partie , i say , for be a prince never so absolute , yet his mamaluks , his militia , by whose conspiracy or tyranny he awes and enslaves the rest , not onely equall for the most part in point of libertie , the subjects of a free state , but exceeding them far in all licentiousnes and tyrannizing , and enslaving upon the matter the prince himselfe , as well as others , justly lay on his owne shoulders by gods judgement , that which he makes or useth these as instruments to lay unjustly on the necks of his other . subjects , whom he ought to have protected : instances are frequent of the pretorian cohorts or legions tyranny on the roman emperours , of the janisaries on the great turke , of the mamaluks on the aegyptian soldans ) and reason shews this danger is most to be feared , where a prince hath assumed the peoples libertie by publique oppression ) i say , if the absolute monarch invade the justly tempered , the oppressed partie is not to be trusted , but to be kept under by part of those he will trust , ( he can trust none safely ) as certaine enemies at home ; so the power which he must trust , doubly lessened : the partie used goeth faintly on the free nation , for at best by bringing their free neighbours ( whence was the chiefe hope of assistance for the recovering their owne libertie ) into servitude , they should but confirme and render remediles their owne slavery , encreasing the strength of the oppressor , and likewise on the same reason resist lesse , if invaded : onely if the prince will make accompt , or can be content , or cannot avoid to be himselfe an equall , a companion with his mamaluks ( facinus , quos in quinat , aequat ) or rather to be tyrannized by them , and his honour , authoritie , name , person , to be made their instrument against his people , he may translate the said faintnes from them on himselfe ; though when all is done , they are unsafely trusted who have before broken the great tye , that to their countrey ; else he must fly to forreigne helpe . but on the other side , the free subjects duely interessed in the state , loving it , living like men , defend , invade the other , nobly , couragiously , as in heart , and men of honour , and as oft for the good of the conquered ; with greater power , as universally to be trusted . not to insist on riches , the nerves of warre , infinitly increased by industry , so encouraged by industry , lost by servitude , but what needs more , or indeed so much , if any thing in a matter so apparent ? wee now have beene rapt sufficiently into the goodly imaginary heaven , and the glory of it , but with an hell of inextricable miseries to the prince and people , which these gods of the infinite prerogative pretended , are raising for themselves , through a government at will , but by such meanes and in such manner , as shews they beleeve , or hope for no other heaven hereafter . these things being thus , it must follow , that those that oppose the parliament , and in it the kingdom , in whom is the supreame power , as reason hath evinced since contestation hapning as now between king and people , the people must carry it , oppose their countrey , reason , right , and the truth , moved by defect of judgement , or worse principles ; converting themselves and their power received from their countrey to enable them to serve and defend it , to the ruine of it , and of all that is precious to men of honour , and consequently that they are guiltie of their owne bloud , and of all the bloud and miseries which this unnaturall monstrous warre may cause ( a means suitable indeed to the end they force themselves to compasse : ) nor can unpartiall posteritie judge of them otherwise , then as parricidae patriae , and damnatae memoriae , if all this be not of force with them to descend deeply into themselves , and to weigh whether they be in state fit for death every moment , at least they may deigne this last motive the honour of a deep and sad thought , or two , whether thus obstinately persisting , they contract not before god another way a guilt to contribute or be accessary to the endangering or perdition of their owne , and innumerable soules in another kinde , and more directly , and highly , there being aliquid sacri in hoc morbo , and religion sharing the hazard , as abovesaid : but if the premisses have not power to inferre thus much with them , yet i hope at least they are not so irrationall , so extravagant , as that these men can truely beleeve , that they are onely to be confuted , and those that maintaine such tenents to be instructed by a civill warre : but if folly and defect of that reason that should governe men , or a violent forcing , tyrannizing , and enslaving their reason and conscience by enormous and monstrous passions , and sinnes , the two originall causes of slavery , be by no art to be severed from these men , but they must and will by still persisting apply these two said generall causes of servitude , particularly and expresly , or in a speciall manner now to draw it upon them , it is not unlikely most of them , and their posteritie and friends may finde , and prove the effect as inseperable from the causes thus redoubled and enforced , as the causes from themselves , should they be so unhappy as to carry what they by such meanes so pursue : and however some dequoy indulgence may be used towards them , to draw others , till all be in the power of the principall malignants ( the like we may say of their cunning enforcing themselves not yet to declare all the depth of their malicious intentions towards those they disarme , or any way get within their power , using them as staiking horses , till by seeming for the present to leave these in a tolerable condition , they may make others stand out lesse resolutely or warily , and so drawing still to them , make all sure at last , and at their discretion ( though even whilest matters are yet dubious , the infernall are of malice , hate , crueltie , jealousie , and the like , which is in their hearts , sometimes cannot but flash out in divers enormous words , or acts ) such present indulgence , i say , notwithstanding of the malignant partie , let not these men thinke that it having all once at its dispose , and made sure , will judge it may securely repose on such of the nation , as have violated wittingly & willingly the greatest tye on earth , by being traytors to their countrey , or on those that loving their countrey , have been violently or fraudulently disarmed , or on them that not intending the disservice of their countrey , but seduced by specious pretences , have voluntarily assisted the malignant partie , when time and plaine experience shall have disabused these two sorts , and afford meanes of redeeming their countrey and themselves , will not the malignants rather have recourse to forreigne protection , or forces ( an usuall refuge of an arbitrary , or tyrannicall government , especially succeeding and having usurped libertie of the subject , as abovesaid ) under colour of being guards , garrisons , auxiliary forces , joyned in league , or the like ; as france useth the switzers , ( the french nation forsooth not populous or warlike enough ; ) it is true , the spaniard , though not governing at discretion as the french useth the switzers also , but not upon jealousie and diffidence of their own people ( for ought i find ) as france doth , but for want of men or some other reason of state , and may not many strangers already here also be imployed ; then may these zelots of the malignants share largely in contributing to the wages of their forreigne masters , and be put to maintain their own servitude ( as they stood to bring it in ) with all their power . but god be praised , these men unlesse they speedily come in and make their peace , are on the point rather of falling under the sword of justice in the hand of the parliament : and it is not to be doubted , but god himself whom they have by sundrie passages too notorious ( if we may so speak ) made a party against themselves , these atheists belike thinking he is grown old , and impotent , and cannot drown these egyptians in a red sea of their own blood , if they with diabolicall obstinacie go on as lucian that old atheist said of the pagan gods in his time , because they begot no more sons and daughters , will resist , and defend himself , and his ( were humane meanes wanting ) against these publique oppressors of the people in intention and endeavour , which they ought to expose their lives to defend , and protect . and for those that stand alreadie for that palladium of their religion and countrey , the parliament , as they are herein duely sensible of themselves and honour , so out of the same feeling , they cannot but so lively ardently and speedily concurre with all their power ( if need require ) when all their fortunes , and all that is dear to such men lie at stake ( and which now nobly and bravely asserted and vindicated , may for ever be secured , and the roots of dangers pluckt up ) that the scots assistance be not the second time needed ( though in all presumption readie ) it being the common cause ) to our exceeding charge , nay dishonour , as if others were more apprehensive of our honour then our selves , and we needed others to protect or defend our liberty , or take and manage our quarrels . and now howsoever we may not share in the putting a period to the disorders of the state , yet let us think of doing it to this disordered discourse , wherein though there may not appeare manifestly one continued beaten tracke of coherent passages , to bring you readily to the truth : yet i hope you have incountred a few points here , and there , not indirect , nor impertinent thereto ; like posts of direction for travellers , at each miles end , in some of our english deserts , to give you ayme that you may hold the right way : or rather like race posts quickly to be run over , lest it might seem to pretend it self worthy to hold you long . and you may the rather passe by the imperfections in regard whilest it was endeavoured to have ordered and compleated it , and to make all yet clearer , the antiparliamentary partie hath so in the interim , unmasked it self in sight of the world , and given such attestation in plain matter of fact ( a stronger testimony then ●u● of the mouth of the adversarie ) to the prospective and next to prophetick prudence and judgement of the parliament , so long since having penetrated and shined on the secret corners of their designes , and deeds of darknesse , and exposed them to view that there is little need of any further light , and the defect is rather ●●w in those who shut their eyes , that they may not see it . we see already our laws manifestly conculcated by force and violence , our liberties , properties , lives exposed to the furie and malice of these desperate malignants ( for which violence they cannot plead their present necessitie , if being grounded and depending on their oppugning the parliament unjust in it self as hath been shewed ) : the danger of our religion and consequently of the religion abroad , from those , that having none , would bring in such , as may best suite with their pernicious purposes , and from the rest of old in direct opposition with it , on all which they are carried with such desperate ardour and violent fury , as their utmost and last attempt , that having first in a due method indeed used all machinations to vilifie and difanull the authoritie and very essence of the parliament , the onely rampart of englands happinesse , and traverse to their designes , though god and good men have herein repulst them , yet they cannot temper themselves , from breaking out into such effects as all the world sees , nor brook any delay from seising what part they can meet with of the designed prey , till they may with lesse danger of reprisall do it ; but it is high time now to leave words and writing : therefore let us endeavour to conclude this tractate , almost as indigested and troubled as the times ( like that offer of that poore countrey man , that when the great king artaxerxes passed by , having nothing else to present him , before whom none must appear emptie handed , ran to a little troubled water , and thence offered the king what his hand onely could contain ; but the troubled present coming from a clear and good intention , and native heartie ingenuitie , met with a serene , magnanimous , and regal acceptance ) but let us conclude with a point of judgement not altogether so weak as hitherto may have appeared ; for i would end at least well and leave you with a good rellish ( though i appear to begin this point also but ill ) which is , that having above received it as a sacred truth and ground , that no reason shall ever shake , that the wisdom , and justice of a parliament freely , duely , and lawfully elected is no way to be called in question or doubt , but to be assuredly beleeved and confided in , securely reposed upon and held sacred and inviolable by all that heartily love englands happinesse : i will take heed at last to be found not fast and true to my grounds , and ends , by presuming ( as some particular private men have done in their we●l otherwise understood discourses ) to offer up any advice ( were i otherwise able ) or counsell to the wisdom , or exhortation or perswasion to the justice of it ; and thus my best is but a negative , a privative , or a nothing : but onely yet upon the whole , inferring or enforcing justly by the power of truth ; that it is the part of all honest men , men of honour that love their countrey to obey the parliament ( taken in that notion our case presents ) punctually , to serve it faithfully , and zealously ; to love it with that kind of love , which is morte fortior , to vindicate , assert , maintain , propugne , clear the authority and safetie of it , as a true collection of all that is or can be most deare , precious , and sacred to , and with such men , to joyn unanimously in the clearing england once again of wolves , these man-wolves , if reducible by no reason , and not to loose their share of contributing to such a work ; above all ardently to solicite and presse the divine majestie to inspire , protect , blesse , this congregation of princes , this multitudinem consiliariorum in quibus est salus , and in it our countrey and all . i conclude this discourse , wherein i have spoken my heart , which nothing , but a lively and deare apprehension of the imminent and extreame danger of my countrey , forced from so unfit a man ; raising so violent but naturall and just a passion , as brake the strings of a tongue ever before tyed ( and perhaps ever fit to have been so you may say ) , like that sonne of croesus who before , or born dumbe , yet seeing his father in the very point of being slain , so naturall a passion supplying the place and power of nature , or rather stronger then it , forcing and clearing all impediments turning dumbnesse it self into a strong vociferation ; he cried out aloud : oh man kill not croesus , and so notifying him saved him . i need not fear you think so well of me , as that you would not remember that a similitude doth not hold throughout , and to the last , should i not put you in mind solemnly it doth not . finis . his majesties gracious message to both houses of parliament, sent from nottingham, august . with the answer of the lords and commons to the said message: and his majesties reply to the same. sept. . together with the answer and humble petition of both houses to his majesties last message: and also his majesties message in reply to the said answer, sept. . . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) his majesties gracious message to both houses of parliament, sent from nottingham, august . with the answer of the lords and commons to the said message: and his majesties reply to the same. sept. . together with the answer and humble petition of both houses to his majesties last message: and also his majesties message in reply to the said answer, sept. . . england and wales. sovereign ( - : charles i) charles i, king of england, - . dorset, edward sackville, earl of, - . england and wales. parliament. england and wales. sovereign ( - : charles i). his maiesties gracious and last message, sent by the earle of dorset ... from nottingham august . [ ], p. printed by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, london : mdcxlii. [ ] also published with title: his maiesties gracious and last message, sent by the earle of dorset. annotation on thomason copy: "sep: ". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no his majesties gracious message to both houses of parliament, sent from nottingham, august .: with the answer of the lords and commons to england and wales. sovereign b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties gracious message to both houses of parliament , sent from nottingham , august . with the answer of the lords and commons to the said message : and his majesties reply to the same . sept. . together with the answer and humble petition of both houses to his majesties last message : and also his majesties message in reply to the said answer , sept. . . london : printed by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . mdcxlii . diev · et mon · droit cr royal blazon or coat of arms ¶ his majesties gracious message to both houses of parliament , sent from nottingham , . august , . by the earles of southampton and dorset , sir iohn culpeper knight , chancellour of the exchequer , and sir vvilliam vvedall , knight . we have with unspeakable grief of heart long beheld the distractions of this our kingdom ; our very soul is full of anguish untill we may finde some remedy to prevent the miseries which are ready to overwhelm this whole nation by a civill war : and though all our endeavours tending to the composing of those unhappy differences betwixt vs & our two houses of parliament ( though pursued by vs with all zeal and sincerity ) have bin hitherto without that successee whoped for ; yet such is our constant and earnest care to preserve the publike peace , that we shall not be discouraged from using any expedient , which by the blessing of the god of mercy may lay a firm foundation of peace and happinesse to all our good subjects : to this end observing that many mistakes have arisen by the messages , petitions and answers betwixt vs and our two houses of parliament , which happily may be prevented by some other way of treatie , wherein the matters in difference may be more cleerly understood , and more freely transacted ; we have thought fit to propound to you , that some fit persons may be by you inabled to treat with the like number to be authorized by vs , in such a manner , and with such freedom of debate , as may best tend to that happy conclusion , which all good-men desire , the peace of the kingdom : wherein as we promist in the word of a king all safety and encouragement to such as shall be sent unto vs , if you shall choose the place where we are for the treaty , which we wholly leave to you , presuming of the like care of the safety of those we shall imploy , if you shall name another place ; so we assure you and all our good subjects , that ( to the best of our understanding ) nothing shall be therein wanting on our part , which may advance the true protestant religion , oppose poperie and superstition , secure the law of the land ( upon which is built as well our just prerogative , as the propriety and liberty of the subject ) confirm all just power & priviledges of parliament , and render vs and our people truely happy by a good vnderstanding betwixt vs and our two houses of parliament . bring with you as firm resolutions to do your duty , and let all our good people joyn with vs in our prayers to almighty god for his blessing upon this work . if this proposition shall be rejected by you , we have done our duty so amply , that god will ab●olve vs from the guilt of any of that blood which must be spilt . and what opinion soever other men may have of our power , we assure you nothing but our christian & pious care to prevent the effusion of blood hath begot this motion , our provision of men , arms and money being such as may secure vs from further violence , till it please god to open the eyes of our people . ❧ the answer of the lords and commons to his majesties message of the . of august . . may it please your majestie , the lords and commons in parliament assembled , having received your majesties message of the of august , do with much grief resent the dangerous and distracted state of this kingdom , which we have by all means endeavoured to prevent , both by our severall advices and petitions of your majesty , which have bin not only without successe , but there hath followed that , which no ill counsell in former times hath produced , or any age hath seen , namely , those severall proclamations and declarations against both the houses of parliament , whereby their actions are declared treasonable , and their persons traitors ; and thereupon your majestie hath set up your standard against them , whereby you have put the two houses of parliament , and in them this whole kingdom out of your protection ; so that untill your majestie shall recall those proclamations and declarations , whereby the earl of essex and both houses of parliament , and their adherents and assistante , and such as have obeyed and executed their commands & directions , according to their duties , are declared traitors , or otherwise delinquents ; and untill the standard set up in pursuance of the said proclamations be taken down , your majestie hath put us into such a condition , that whilest we so remain we cannot by the fundamentall priviledges of parliament , the publike trust reposed in us , or with the generall good and safetie of this kingdome give your majestie any other answer to this message . joh. browne cler. parliament . h. elsinge cler. parl. d. com. s his majesties reply to an answer sent by the two houses of parliament to his majesties message of the . of august , concerning a treatie of accommodation . we will not repeat what means we have used to prevent the dangerous and distracted estate of the kingdom , nor how those meanes have been interpreted , because being desirous to avoid effusion of blood we are willing to decline all memory of former bitternesse that might make our offer of a treatie lesse readily accepted . we never did declare , nor ever intended to declare both our houses of parliament traitours , or set up our standard against them , and much lesse to put them and this kingdom out of our protection : we utterly professe against it before god and the world . and further to remove all possible scruples which may hinder the treaty so much desired by vs ; we hereby promise , so that a day he appointed by you for the revoking of your declarations against all persons as traitours or otherwayes , for assisting of vs , we shall with all cheerfulnesse upon the same day recall our proclamations and declarations , and take down our standard : in which treaty we shall be ready to grant any thing that shall be really for the good of our subjects ; conjuring you to consider the bleeding , condition of ireland , and the dangerous condition of england , in as high a degree as by these our offers we have declared our self to do : and assuring you that our chief desire in this world is to beget a good understanding and mutuall confidence betwixt vs and our two houses of parliament . to the kings most excellent majestie the humble answer and petition of the lords and commons assembled in parliament , unto the kings last message . may it please your majestie . if we the lords and commons in parliament assembled should repeat all the waies we have taken , the endeavours we have used , and the expressions we have made unto your majestie to prevent those distractions and dangers your majestie speaks of , likely to fall upon this kingdom , we should too much enlarge the reply ; therefore as we humbly , so shall we onely let your majestie know , that we cannot recede from our former answer , for the reasons therein expressed : for that your majestie hath not taken down your standard , recalled your proclamations and declarations , whereby you have declared the actions of both houses of parliament to be treasonable , and their persons traitours , and you have published the same since your message of the of august , by your late instructions sent to your commissioners of array : which standard being taken down , and the declarations , proclamations and instructions recalled , if your majestie shall then upon this our humble petition , leaving your forces , return unto your parliament , and receive their faithfull advice , your majestie will finde such expressions of our fidelities and duties as shall assure you , that your safety , honour and greatnesse can onely be found in the affections of your people , and the sincere counsels of your parliament whose constant and undiscouraged endeavours and consultations have passed through difficulties unheard of , onely to secure your kingdoms from the violent mischiefs and dangers now ready to fall upon them , and every part of them ; who deserve better of your majestie , and can never allow themselves ( representing likewise your whole kingdom ) to be balanced with those persons , whose desperate dispositions and counsels prevail still so to interrupt all our endeavours for the relieving of bleeding ireland , as we may fear our labours and vast expences will be fruitlesse to that distressed kingdom . as your presence is thus humbly desired by vs , so is it in our hopes your majestie will in your reason beleeve , there is no other way then this to make your majesties self happy , and your kingdom safe . jo. brown cler. par. his majesties message in reply to the answer and humble petition of both houses of parliament . we have taken most wayes , used most endeavours , and made most reall expressions to prevent the present distractions and dangers , let all the world judge , as well by former passages , as by our two last messages , which have been so fruitlesse , that ( though we have descended to desire and presse it ) not so much as a treatie can be obtained , unlesse we would denude our self of all force to defend vs from a visible strength marching against vs , and admit those persons as traitours to vs , who according to their duetie , their oathes of allegiance , and the law , have appeared in defence of vs their king and liege lord ( whom we are bound in conscience and honour to preserve ) though we disclaimed all our proclamations and declarations , and the erecting of our standard as against our parliament . all we have now left in our power is , to expresse the deep sense we have of the publike misery of this kingdom , in which is involved that of our distressed protestants of ireland , and to apply our self to our necessary defence , wherein we wholly rely upon the providence of god , the iustice of our cause , and the affection of our good people , so far we are from putting them out of our protection . when you shall desire a treaty of vs , we shall piously remember whose blood is to be spilt in this quarrell , and cheerfully embrace it . and as no other reason induced vs to leave our city of london , but that with honour and safety we could not stay there ; nor raise any force , but for the necessary defence of our person and the law , against leavies in opposition to both ; so we shall suddenly and most willingly return to the one , and disband the other , as soon as those causes shall be removed . the god of heaven direct you , and in mercy divert those iudgements which hang over this nation , and so deal with vs and our posterity , as we desire the preservation and advancement of the true protestant religion , the law and the liberty of the subject , the just rights of parliament , and the peace of the kingdom . finis . a letter from the army, concerning the peaceable temper of the same. written by m. j. saltmarsh attending his excellency sir tho. fairfax, and sent to a friend in london. saltmarsh, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from the army, concerning the peaceable temper of the same. written by m. j. saltmarsh attending his excellency sir tho. fairfax, and sent to a friend in london. saltmarsh, john, d. . [ ], , [ ] p. printed for giles calvert at the black spread-eagle at the west end of pauls church., london, : . annotation on thomason copy: "june th". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- peace -- early works to . a r (thomason e _ ). civilwar no a letter from the army, concerning the peaceable temper of the same.: written by m. j. saltmarsh attending his excellency sir tho. fairfax, saltmarsh, john a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the army , concerning the peaceable temper of the same . written by m. j. saltmarsh attending his excellency sir tho. fairfax , and sent to a friend in london . june th london , printed for giles calvert at the black spread-eagle , at the west end of pauls church . . sir , since i came to the army , i blesse god , i have seen no temper there , but intendency to peace , and the preservation of the kingdom ; and they professe unanimously , that when their just grievances are satisfied , and they estated in a free and cleer capacity as subjects , as well as souldiers , because they say , that will flow down upon all their fellow subjects in the kingdome , who may be secured by the parliament as to their civill rites , and just liberties , they shall freely disband , or be commanded as the parliament shall think fit in their wisdomes . there is a generall cry in the countries as wee march , that the army would help them , and be their mediatours to the parliament for justice and righteousnesse : they are generally much troubled about the burning of some petitions . the army are very sensible of the countries grievances , being under a grievance themselves . the country cry , peace , peace , let us have no more forces raised to make new warres . i hope the lord will give a right understanding amongst people , that the army are wholly for peace too . there is a solemn ingagement the whole army hath entred into in order to their just grievances , at the last rendezvou . there is a mighty spirit raised up in the army for justice and righteousnesse ; we admire at it . they have solemnly ingaged against meddling with church-government , or doing any thing destructive to the fundamentall constitution of the civill goverment of this kingdome , to declare to all the world , they are not against magistracy , and intend not to set up independency upon the kingdome ; for truly that were wholly to oppose their owne principles , if they should have thoughts to force up any such thing , who desire that they should not be compelled themselves . i blesse god , i know no designe here appearing , but peace to the kingdome . and this is the principle of those who have the conduct of this army , to indulge and cherish the presbyterians who have any appearance of god , equally with any other . for the king's being here , i hope since it was contrary to all our knowledge , but to those troopers , and cornet joyce , who acted the businesse , to prevent ( as they assure us ) a practice against the parliament , the kingdome , and his person , by raising up a new warre . this is all i know of it ; but i am confident that nothing will bee done as to this by this armie , but that which may become honest men . i am informed sir gilbert gerratt of the house should say with much confidence , that i hindred the army from disbanding the generals regiment : i wonder hee will upon so slight grounds asperse mee . i challenge all the world to be able to lay the least of that to my charge . it is a signe they know not the army ; for the souldiery are acted by their owne principles ; they are an army understand themselves , god is amongst them ; and this whole yeer i have been with them , they can all witnesse , i never made state-businesse any pulpit-work , i never yet preached any thing but christ . indeed , formerly i was a stickler in york-shire for the parliament ; but i have been since taught ( i blesse god ) onely to pray for them and obey them . john saltmarsh . finis . laws and ordinances of warre, extablished for the better conduct of the army by his excellency the earl of essex, lord generall of the forces raised by the authority of the parliament for the defence of king and kingdom : and now inlarged by command of his excellency. england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) laws and ordinances of warre, extablished for the better conduct of the army by his excellency the earl of essex, lord generall of the forces raised by the authority of the parliament for the defence of king and kingdom : and now inlarged by command of his excellency. england and wales. army. essex, robert devereux, earl of, - . [ ] p. printed ... for luke fawne, london : . reproduction of original in thomason collection, british library. eng england and wales. -- army -- regulations. military law -- england. a r (wing e ). civilwar no laws and ordinances of warre, established for the better conduct of the army, by his excellency the earl of essex, lord generall of the forc england and wales. army b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion laws and ordinances of warre , established for the better conduct of the army , by his excellency the earl of essex , lord generall of the forces raised by the authority of the parliament , for the defence of king and kingdom . and now inlarged by command of his excellency ; and printed by his authoritie , london , for luke fawne . . robert , earl of essex , viscount hereford , lord ferrers of chartley , boucheir and lovain : captain generall of the army raised by the authoritie of parliament , for the defence of king and kingdom . to all the officers of the army , colonels , lieutenant-colonels , serjeant-majors , captains , other officers and souldiers of horse and foot , and all others whom these laws and ordinances shall concern . which laws and ordinances hereby published to all the said persons respectively and severally , are required and commanded to observe and keep , on the pains and penalties therein expressed . laws and ordinances of warre . of duties to god . i. first , let no man presumes to blaspheme the holy and blessed trinity , god the father , god the son , and god the holy ghost ; nor the known articles of our christian faith , upon pain to have his tongue bored with a rod-hot iron . ii. unlawfull oaths and execrations , and scandalous acts in derogation of gods honour , shall be punished with losse of pay , and other punishment at discretion . iii. all those who often and wilfully absent themselves from sermons , and publike prayer , shall be proceeded against at discretion : and all such who shall violate places of publike worship , shall undergo severe censure . of duties in generall . i. all such as shall practice and entertain intelligence with the enemy , by any manner of means or slights , and have any communication with them , without direction from my lord generall , shall be punished as traytors and rebels . ii. no man shall relieve the enemy with money , victuals , ammunition ; neither harbour or receive any such , upon pain of death . iii. if a town , castle , or fort be yeelded up without the utmost necessity , the governour thereof shall be punished with death . iv. but if so be , that the officers and souldiers of the garrison , constrain the governour to yeeld it up : in such a case shall all the officers be punished with death , and the common souldiers who have been active , or have given their consent in constraining the governour , shall cast lots for the hanging of the tenth man amongst them . v. and withall to know in what case and circumstances a governour , and the militia of the garrison may be blamelesse , for the surrendring of a town , castle , or fort , it is hereby expressely signified : that first they are to prove the extremity of want within the place , insomuch that no eatable provision was left them for the sustenance of their lives . secondly , that no succour or relief in any probable wise could be hoped for . thirdly , that nothing else could be expected , but that within a short time the town , castle , or fort , with all the garrison , and arms , ammunition , magazine , and appurtenances in it , must of necessity , fall into the hands of the enemy . upon proof of which forementioned circumstances , they may be acquitted in a counsell of warre , else to be lyable to the punishment above expressed . vi . whosoever shall be convicted to do his dutie negligently and carelesly , shall be punished at discretion . vii . whosoever shall presume to violate a save-guard , shall die without mercy . viii . whosoever shall come from the enemy , without a trumpet , or drum , after the custome of warre , or without a passe from his excellency , within the quarters of the army , or within a garrison town , shall be hanged up as a spie . of duties towards superiours and commanders . i. whosoever shall use any words tending to the death of the lord generall , shall be punished with death . ii. no man shall presume to quarrell with his superiour officer , upon pain of cashiering , and arbitrary punishment ; nor to strike any such , upon pain of death . iii. no souldier shall depart from his captain , nor servant from his master , without license , though he serve still in the army , upon pain of death . iv. every private man or souldier , upon pain of imprisonment , shall keep silence when the army is to take lodging , or when it is marching , or imbattallio , so as the officers may be heard , and their commandments executed . v. no man shall resist , draw , lift , or offer to draw , or lift his weapon against any officer , correcting him orderly , for his defence , upon pain of death . vi . no person shall make any mutenous assemblies , or be present or assisting thereunto , or in , or by them , demand their pay , upon pain of death . vii . no man shall resist the provost-marshall , or any other officer , in the execution of his office , or break prison , upon pain of death . viii . none shall utter any words of sedition and uproar , or muteny , upon pain of death . ix . a heavy punishment shall be inflicted upon them , who after they have heard mutenous speeches , acquaint not their commanders with them . x. whosoever shall receive an injury , and shall take his own satisfaction , shall be punished by imprisonment , and as it shall be thought fit by the marshall-court : but he that is injured shall be bound , if he do not forgive the injury , to seek reparation by complaint to his captain , or colonel , or other superiour officer , and it shall be given him in ample manner . of duties morrall . i. drunkennesse in an officer , shall be punished with losse of place ; in a common souldier , with such penalties as a court-marshall think fit . ii. rapes , ravishments , unnaturall abuses , shall be punished with death . iii. adultery , fornication , and other dissolute lasciviousnesse , shall be punished with discretion , according to the quality of the offence . iv. theft and robbery , exceeding the value of twelve pence , shall be punished with death . v. no man shall use reproachfull , nor provoking words , or acts to any , upon pain of imprisonment , and further punishment , as shall be thought fit to be inflicted upon enemies to discipline and service . vi . no man shall take or spoil the goods of him that dieth , or is killed in service , upon pain of restoring double the value , and arbitrary punishment . vii . murther shall be expiated with the death of the murtherer . of a souldiers duty touching his arms . i. all souldiers coming to their colours to watch , or to be exercised , shall come fully armed , upon pain of severe correction . ii. none shall presume to appear with their arms unfixt , or undecently kept , upon pain of arbitrary correction . iii. if a trooper shall lose his horse or hackney , or foot-man any part of his arms , by negligence or lewdnesse , by dice or cards , he or they shall remain in qualitie of pioners and scavengers , till they be furnished with as good as were lost , at their own charge . iv. no souldier shall give to pawn , or sell his armour , upon pain of imprisonment , and punishment at discretion ; and wheresoever any armour shall be found so sold or pawned , they shall be brought again into the army . v. if a trooper shall spoil his horse willingly , of purpose to be rid of the service , he shall lose his horse , and remain in the camp for a pioner . vi . if one borrows arms of another to passe the muster withall , the borrower shall be rigorously punished , and the lender shall forfeit his goods . vii . none shall presume to spoil , fell , or carry away any ammunition delivered unto him , upon pain of death . of duty in marching . i. none in their march thorow the counties shall waste , spoil , or extort any victuals , money , or pawn , from any subject , upon any pretence of want whatsoever , upon pain of death . ii. no souldier shall presume , upon no occasion whatsoever , to take a horse out of the plow , or to wrong the husband-men in their person , or cattell , or goods , upon pain of death . iii. no souldiers , either horse or foot , shall presume in marching to straggle from his troop or company , or to march out of his rank , upon pain of death . iv. no souldier shall presume , in marching or lodging , to cut down any fruit-trees , or to deface , or spoil walks of trees , upon pain of severe punishment . of duties in the camp and garrison . i. no man shall depart a mile out of the army or camp without license , upon pain of death . ii. no man shall enter , or go out of the army , but by ordinary wayes , upon pain of death . iii. no man shall presume to draw his sword without order , after the watch is set , upon pain of death . iv. no man shall give a false alarum , or discharge a peece in the night , or make any noise without lawfull cause , upon pain of death . v. no man shall draw any sword in a private quarrell within the camp , upon pain of death . vi . he that makes known the watch-word without order , or gives any other word but what is given by the officers , shall die for it . vii . no man shall do violence to any that brings victuals to the camp , upon pain of death . viii . none speak with a drum or trumpet , or any other sent by the enemy , without order , upon pain of punishment at discretion . ix . a sentinell or perdue found asleep , or drunk or forsaking their place before they be drawn off , shall die for the offence , without mercy . x. no man shall fail wilfully to come to the rendevouz or garrison appointed him by the lord generall , upon pain of death . xi , no man that carrieth arms , and pretends to be a souldier , shall remain three daies in the army without being inrolled in some company , upon pain of death . xii . no man that is enrolled , shall depart from the army or garrison , or from his colours , without license , upon pain of death . xiii . no private souldier shall out stay his passe , without a certificate of the occasion , under the hand of a magistrate at the next muster , upon pain of losing his pay , during all the time of his absence . xiv . he that absents himself when the sign is given to set the watch , shall be punished at discretion , either with bread and water in prison , or with the woodden horse . xv . whosoever shall expresse his discontent with his quarter given him in the camp , or garrison , shall be punished as a mutineer . xvi . no officer , of what quality soever , shall go out of the quarter to dinner or supper , or lie out al-night , without making his superiour officer acquainted , upon pain of cashiering . xvii . all officers whose charge it is , shall see the quarters kept clean and sweet , upon pain of severe punishment . xviii . none shall presume to let their horses feed in sown grounds whatsoever , or to endamage the husbandmen any way , upon severest punishment . xix . whosoever shall in his quarter , abuse , beat , fright his landlord , or any person else in the family , or shall extort mony or victuals , by violence from them , shall be proceeded against as a mutineer , and an enemy to discipline . of duties in action . i. no man shall fail immediately to repair unto his colours ( except he be impotent by lamenesse or sicknesse ) when an alarum is given , upon pain of death . ii. no man shall abandon his colours , or flie away in battail , upon pain of death . iii. if a pike-man throw away his pike , or a muskettier his musket or bandilier , he or they shall be punished with death . iv. no man shall burn any house or barne , be it of friend or foe , or wilfully spoil any corne , hay , or straw , or stacks in the fields , or any ship , boat , carriage , or any thing that may serve for the provision of the army without order , upon pain of death . v. none shall kill an enemy who yeelds , and throws down his arms . vi . none shall save a man that hath his offensive arms in his hands , upon pain of losing his prisoner . vii . whosoever in skirmish shall fling away his powder out of his bandiliers , that he may the sooner come off , shall be punisht with death . viii . no souldier shall imbezzell any part of the prey till it be disposed of by the lord generall , or others authorized , upon pain of death . ix . no officer or souldier shall ransome , or conceal a prisoner ; but within twelve hours , shall make the same known to the lord generall , or others authorized , upon pain of death . x. no man upon any good successe , shall fall a pillaging before licence , or a sign given , upon pain of death . xi . a regiment or company of horse or foot , that chargeth the enemy , and retreats before they come to handy-strokes , shall answer it before a councell of war ; and if the fault be found in the officers , they shall be banished the camp ; if in the souldiers , then every tenth man shall be punished at discretion , and the rest serve for pioniers and scavengers , till a worthy exploit take off that blot . of the duties of commanders and officers , in particular . i. all commanders are straightly charged to see almighty god reverently served , and sermons and prayers duely frequented . ii. all commanders and officers that finde any of discontented humors , apt to mutenize , or any swerving from direction given , or from the policy of the army set down , shall straight way acquaint the lord generall therewith , or others authoriz'd , as they wil answer their neglect . iii. any officer that shall presume to defraud the souldiers of their pay , or any part of it , shall be cashiered . iv. no corporall , or other officer commanding the watch , shall willingly suffer a souldier to go forth to a duell , or private fight , upon pain of death . v. what officer soever shall come drunk to his guard , or shall quarrell in the quarter , or commit any disorder , shall be cashiered without mercy ; and the next officer under him shall have his place , which he may pretend to be his right , and it shall not be refused to him . vi . a captaine that is carelesse in the training and governing of his company , shall be displaced of his charge . vii . all captains or officers that shall outstay their passe , shall be punished at the lord generals discretion . viii . all officers , of what condition soever , shall have power to part quarrels & frays , or sudden disorders betwixt the souldiers , though it be in any other regiment or company , and to commit the disordered to prison for the present , untill such officers as they belong unto are acquainted with it : and what souldier soever shall resist , disobey , or draw his sword against such an officer ( although he be no officer of his regiment or company ) shall be punished with death . ix . a captain or officer non-resident in the place assigned him for garrison without license , shall have one moneths pay defaulted for the first offence , and two moneths for the second : upon the third offence he shall be discharged of his command . x. after the army is come to the generall rendevouz , no captain shall cashier any souldier that is enrolled , without speciall warrant of the lord generall . xi . no captain or officer of a troop or company , shall present in musters , any but reall troopers and souldiers , such as by their pay are bound to follow their colours , upon pain of cashiering without mercy . and if any victualler , free-booter , enterloper , or souldier whatsoever , of any troop or company , shall present himself , or his horse in the muster , to mislead the muster-master , and to betray the service , the same shall be punished with death . xii . no provider , keeper , or officer of victuall or ammunition , shall imbezell or spoil any part thereof , or give any false account to the lord generall , upon pain of death . of the duty of muster-masters . i. no muster-master must wittingly let any passe in the musters , but such as are really of the troop or company presented , upon pain of death . ii. all captains shall cause their troops or companies to be full and compleat ; and two dayes after the generall mustering , they shall send to the lord generall a perfect list or roll of all the officers of their troops and companies , and likewise of all the troopers and souldiers that are in actuall service , putting down distinctly on the head of each man his monethly pay . iii. the like roll or list shall the captains send to the lord generall , and to the treasurer of the army upon every pay-day , during the service , with a punctuall expression at the bottome of the said roll , what new troopers or souldiers have been entertained since the last pay-day , in lieu of such as are either deceased or cashiered , and likewise the day whereon they were so cashiered and entertained . iv. which said list or roll shall be subscribed , not onely by the captain and his lievtenant and coronet or ensigne , but also by the sergeants and corporals respectively , who shall declare upon their oath , that the troopers and souldiers enrolled in the said list , are reall and actuall troopers and souldiers of the respective troops and companies . and whosoever shall be convicted of falshood in any of the premises , shall be cashiered . v. no muster-master shall presume to receive or accept of any roll to make the musters by , but the forementioned rols , upon pain of the losse of his place , and other punishment at discretion . vi . no man shall presume to present himself to the muster , or to be inrolled in the muster-rolls by a counterfeit name , or surname , or place of birth , upon pain of death . of victuallers . i. no victuallers shall presume to issue or sell unto any of the army , unsound , unsavoury , or unwholesome victuals upon pain of imprisonment , and further arbitrary punishment . ii. no souldier shall be a victualler without the consent of the lord generall , or others authorized upon pain of punishment at discretion . iii. no victualler shall entertain any souldiers in his house , tent , or hutt , after the warning-piece at night , or before the beating of the ravalee in the morning . iv. no victualler shall forestall any victuals , nor sell them before they be appraised by the marshall generall , upon severe punishment . of administration of justice . i. all controversies between souldiers and their captains , and all others , shall be summarily heard and determined by the councell of warre , except the weightinesse of the cause require further deliberation . ii. all officers and others who shall send up any prisoners unto the marshall generall of the army ; shall likewise deliver unto the marshall , the cause and reason of the imprisonment ; and without such cause and reason shown , the marshall is expresly forbid to take charge of the prisoner . iii. when a prisoner is committed to the charge of the marshall generall , the information of the crime which he standeth committed for , is to be given in to the advocate of the army , within hours , after the commitment , or else , for default thereof , the prisoner to be released , except good cause be shown ; wherefore the information cannot be ready within that time . iv. the goods of such as die in the army or garrison , or be slain in the service , if they make any will by word or writing , shall be disposed of according to their will . if they make no will , then shall go to their wives , or next kin . if no wife or kindred appear within a yeer after , shall be disposed of by the appointment of the lord generall , according to the laws civill and military . v. no magistrate of town or countrey , shall without license imprison any souldier , unlesse for capitall offences . vi . in matters of debts or trespasse , or other inferiour cases , the magistrate shall acquaint his captain , or other chief officer therewith , who is to end the matter with the consent of the complainant , or to leave the party grieved to take his remedy by due course of law : and if the officer fail of his duty therein , the lord generall upon complaint of the party grieved , will not onely see him righted , but the officer punished for his neglect in this behalf . vii . no man shall presume to use any braving or menacing words , signes , or gestures , while the court of justice is sitting , upon pain of death . viii . no inhabitant of city , town , or country , shall presume to receive any souldier into his service , or conceal , or use means to convey such run-awayes , but shall apprehend all such , and deliver them to the provost marshall . ix . all captains , officers , and souldiers , shall do their endeavours to detect , apprehend , and bring to punishment all offenders , and shall assist the officers of the army for that purpose , as they will answer their slacknesse in the marshals court . x. if the marshall shall dismisse without authority , any prisoner committed unto his charge , or suffer him to make an escape , he shall be lyable to the same punishment due unto the dismissed or escaped offendour . xi . all other faults , disorders , and offences not mentioned in these articles , shall be punished according to the generall customes and laws of warre . and to the end that these laws and ordinances be made more publike and known , as well to the officers , as to the common souldiers , every colonell and captain is to provide some of these books , and to cause them to be forthwith distinctly and audibly read in every severall regiment , by the respective marshals in presence of all the officers ; in the horse quarters by sound of trumpet ; and amongst the foot by beat of drum : and weekly afterwards , upon the pay day , every captain is to cause the same to be read to his own company , in presence of his officers . and also upon every main guard , the captain is to do the like , that none may be ignorant of the laws and duties required by them . these are to authorise you to print for the use of the army , the laws and ordinances of warre , by me established , and of late inlarged by my command , for the better conduct of the service . and likewise by these presents to forbid all others to print the same at their perills on the contrary . given under my hand , . novemb. . essex . to luke fawn , stationer . notes, typically marginal, from the original text notes for div a e- blasphemy . cursing . neglecting divine worship . intelligence with the enemy . relief of the enemy . yeelding up of forts . carelesse service . violating of a safe guard . violating of the lord generall . quarrelling with officers . departing from captains and masters . silence in the army . resisting against correction . unlawfull assemblies . resisting of the provost marshall . seditious words . concealing mutenous speeches . receiving of injuries . drunkennesse . unnaturall abuses . adultery . theft . provocation . seizing upon dead mens goods . murther . full armour . slovenly armour . loosing of horses and arms . pawning or selling of armour . wilfull spoiing of horses . borrowed arms . imbezelling of ammuition . waste and extortion . taking of horses out of the plow . stragling from the colours . spoiling of trees . swerving from the camp . going in or out by wayes . drawing of swords after setting the watch . giving a false alarum . drawing swords in a quarrell . revealing the watch word . offering violence to victuallers . speaking with the enemies messengers . a sentinell asleep , or drunk . failing at the rendevouz . remaining inrolled in the army . departing without leave . out staying a passe . absenting from the watch . discontented with their quarters . lying or supping out of the quarters . keeping of the quarters clean . letting of horse feed in sown grounds . repairing to the colours upon an alarum . flying . flinging away arms . burning and wasting . killing an enemy who yeelds . saving of men armed with offensive arms . flinging away powder . imbezzelling of the prey . concealing of prisoners pillaging without licence . retreating before handy-blows . commanders must see god duly served . commanders must acquaint my lord generall with dangerous humours . defraud of souldiers pay . stopping of duellers . drunken and quarrelsome officers . carelesse captains . officers outstaying their passe . all officers bound to part quarrels . officers non-resident in garrison . cashiering of souldiers . mustering of false and counterfe●t troops . commissaries of victuals and ammunition must be true . muster masters conniving at counterfei●s captains must send a roll of their men to the lord generall . every pay-day . subscribed by all the officers of the troop or company . muster-masters must use no other rolls . counterfeit names in the rolls . victuallers issuing naughty victuals no souldier must be a victualler . unseasonable hours kept by victuallers . summary proceedings the provost marshall must look to his prisoner . goods of the destinct . civill magistrates imprisoning souldiers . for debts and other small offences . braving the court of justice . receiving of run awayes . detecting of offenders . offences whatsoever to be punished by the laws of warre . a declaration of master william lenthall esquire, speaker of the honorable house of commons wherein is contained the grounds and reasons that moved him to absent himselfe from the service of the house, on friday july , : together with his resolution not to attend that service, till (by an effectuall prevention of the like tumults) the parliament be inabled to proceed in a free and parliamentary way without disturbance or enforcement. lenthall, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration of master william lenthall esquire, speaker of the honorable house of commons wherein is contained the grounds and reasons that moved him to absent himselfe from the service of the house, on friday july , : together with his resolution not to attend that service, till (by an effectuall prevention of the like tumults) the parliament be inabled to proceed in a free and parliamentary way without disturbance or enforcement. lenthall, william, - . p. printed by j. harris and h. hills ..., oxford : . reproduction of original in huntington library. eng england and wales. -- parliament. -- house of commons. great britain -- history -- civil war, - . a r (wing l ). civilwar no a declaration of master william lenthall esquire, speaker of the honorable house of commons, wherein is contained the grounds and reasons th lenthall, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of master william lenthall esquire , speaker of the honorable house of commons , wherein is contained the grounds and reasons that moved him to absent him selfe from the service of the house , on friday july . . together with his resolution not to attend that service , till ( by an effectuall prevention of the like tumults ) the parliament be inabled to proceed in a free and parliamentary way , without disturbance or enforcement . published by his command , for the satisfaction of the kingdome . oxford printed by j. harris , and h. hills , living in pennifarthing street , . a declaration of mr w. lenthall . esq. speaker of the house of commons , being the reasons and grounds that moved him to absent himselfe from attending the service on friday , july . . although it may happily be contrary to the expectation of some , that j attend not the service of the house of commons at this time , as j have constantly done for almost seven yeares last past ; yet can it not be reasonably expected by any that will consider the violence offered to both the houses of parliament , and to my selfe in particular the last monday , july . insomuch that j can safely take it upon my conscience , and so j doubt not may all the members of both houses also , that they sat in continuall feare of their lives , and by terrour thereof were compelled to passe such votes as it pleased an unruly multitude to inforce upon them ; which as j did then openly declare in the house , so j cannot but believe that they are all void and nul , being extorted by force and violence , and in that manner that they were : and j cannot any longer dispence with my selfe to be an instrument in passing such votes , and to give any colour or shadow of parliamentary authority unto them , which were not the votes of the representative body of the kingdome ; but of a tumultuous multitude , as those must needs be accounted that seemed to passe the house on monday july . and which shall passe hereafter untill better provision be made for the safe and free sitting of the houses of parliament ; there being no effectuall course taken by the city since the adiournment of the house , to prevent the like tumults for the future no nor so much as a declaration from them , to shew their dislike thereof : but on the contrary , it was generally voiced in the towne , that there would be a farre greater confluence of apprentizes , reformado's , and others by friday at the parliament dores ; and particular notice was given to me , that after they had made the house vote what they pleased , they would destroy me : j had likewise information given me that there would be a great number of apprentizes of a contrary opinion and affection to the other , about the parliament dores on friday morning , which j foresaw must ▪ of necessity cause a great combustion , and in probability occasion much bloud-shed . the prevention of which mischiefe ( together with the consideration aforesaid ) have weighed more with me , then any thing which may concerne my particular : and especially having served the parliament faithfully and diligently for the space of almost seven yeares in a free and parliamentary way of proceeding : that j might not now be made a servant to such a rude and tumultuous multitude , to transferre upon them the colour of parliamentary authority , therewith to abuse , and deceive the minds , and to destroy the lives , liberties and estates of the people of this kingdome , and having taken a solemn protestation and covenant , in my place and calling , to maintaine the priviledges of parliament , and the rights and liberties of the subiect , j could not now satisfie my selfe how j should discharge my duty therein , but by absenting my selfe at this time , rather then by my presence , to give any shadow or countenance of the authority of parliament , to such apparent violation thereof , neither can the omission of a circumstance or some formality in the adiournment of the house , when through force and violence it cannot meet quiet in any sort as a parliament , be any preiudice to the future sitting and proceeding thereof , when it may meet and sit againe as a free parliament ▪ it being well known that nothing can dissolve this parliament , but an act of parliament . when a company of apprentices , reformadoes and others , shall call the ordinances of both houses of parliament pretended ordinances , shall locke the doores of the houses upon them , shall sweare not to let them out till they have passed what they pleased concerning the militia of london and other things ( though the house had immediatly before voted otherwise ) shall threaten the houses in case they doe not instantly satisfie thier demands ; shall knock , hoote , and hollow at the parliaments doores , that the members could not be heard to speake or debate , and after the house of commons had passed a vote concerning the militia of london , and that the speaker by the vote had iudged the maior part to be for the negative , shall not suffer the house to be devided , but in a threatning way require those that gave their votes against them to come out to them if they would , when after the house was adiourned , they shall by maine force thrust back the speaker againe into the house , and force the members in their presence and sight , ( direct thrusting themselves into the house ) to vote what they demanded , when they shall iustle , pull , and hale the speaker , all the way he went downe to his caroch , and force him ( to avoid the violence ) to betake himselfe to the next caroch he could get into , for refuge : when they shall breath forth bloody threats against the members , as they come out of the house ; and since against me in particular , at the next sitting of the house , as j am credibly informed , and when there is no appearance but that they will continue to doe as formerly they have done , or far worse on fryday : j could not in discharge of my trust , protestation , and covenant , sit in the chaire of the house of commons , whilest it shall be in such a condition ; but so soone as it may sit againe , in freedome and safety , j shall be ready to returne to the service of the house , but till then as j have upon the fore-mentioned grounds fully satisfied my owne conscience , so j doubt not but j shall give the whole kingdome ( whose interest is most concerned in it ) ample satisfaction in the necessity of my action . wjlljam lenthall . speaker . a brief reply to the history of standing armies in england with some account of the authors. defoe, daniel, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a brief reply to the history of standing armies in england with some account of the authors. defoe, daniel, ?- . p. [s.n.], london : . attributed to daniel defoe. cf. bm. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng trenchard, john, - . -- short history of standing armies in england. england and wales. -- army -- history. great britain -- history, military. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a brief reply to the history of standing armies in england . with some account of the authors . london : printed in the year . the preface . in all ages of the world , and under the best of governments , there were always some persons to be found , who either for envy at the prosperity of some ; ambition , popular vanity , or private ends , took occasion to appear as male-contents , and set themselves to explose and consure the actions of their governors : history is so full of instances of this nature , that 't would be an affront to the gentlemen i am dealing with , to suppose them ignorant of ' em . in our age , where nick-names are so much in fashion , we have call'd them murmurers , grumbletonians and the like , of whom one of our poets has said not improperly . and should king jesus reign , they 'd murmur too . 't would not ha' been foreign to the purpose , as an answer to the history of standing armies , to have entertain'd the world with a history of these dissenters to government , the murmurers of the world ; who always look with sowre faces upon the magistrates , and cry out of so much as the little fingers of their superiors . but we have not room for it here ; nor to descend too far into the general character of them ; but 't is necessary to observe , that these sort of people have one inseparable adjunct , as an essential and chief prop both of their nature and design ; they always cry wo , wo , and fright themselves and the world with sad tidings . religion , or liberty , or both , are infallibly the ensigns of their order . and i wonder we have not ribbands in their hats , with no popery , no slavery , or no standing armies , no lords of the treasury , &c. if the bottom of this case was to be examined , and the authors dealt with in their own way , preferment always lists them on the t'other side : and tho' i do not say these gentlemen who write so strenuously for liberty , would do so ; yet they have told us plainly who did , viz. the lord strafford , and noy , and i could name them some more . king charles the first , say they , began the custom of making an opposition to himself in the house of commons , the road to preferment ; and how came it about ? truly , because he found they were mercenary , and made a noise that their mouths might be stopp'd ; this has been too much a method since , no doubt . " for parliament-men to rail at the court , " and get a preferment immediately for 't . but how comes it to pass , because private ends lie so generally at the bottom of such clamour , that we never found them proof against the offer ? and here i could give innumerable instances of great ones , on the other hand , who as soon as ever the court-favour has fail'd them , and they found themselves not rewarded according to their merit , turn'd popular , champions for the peoples liberties , and railers at the court. i do not say , i mean by this , the lords s — d — mr. h — mr. h — or any body else in particular ; but whoever the coat fits , let them wear it . this evil spirit of discontent is now at work under the best reign , and the mildest government that ever england knew ; particularly so , in suffering the affairs of the government to be thus disputed in print , by , not an author or single person , but a whole club of mistaken politicians , who in any reign but this would have been us'd as they deserv'd . had such a cabal of the best men in the nation attempted the like in queen eliabeth's reign , who we must all acknowledge was a true english queen , and govern'd the nation with a matchless prudence , they would have been very severely bandled ; but full liberty is given them now to say almost any thing ; and truly they take the extent of it , even to indecency and ill manners . for they treat the king himself with jeers and banter , and make ridiculous encomiums on him , to expose his mijesty to very scurrilous reflections . this is so mean a way of writing , that i shall not descend to returns in kind , but shall use them like gentlemen , whether they behave themselves so or no , and leave that to themselves . a brief reply to the history of standing armies . the outcry against an army in england is carried on with so high a hand , that nothing can be said to it with any hope of effect on the complainants . they go on with their own arguments , never thinking any thing that is or can be said to them , worth while to take notice of : for it seems to be more their design to render the government suspected , than to argue fairly whether it be really true or not , that an army must be our ruine . i have considered their former books according to their desire , and to which they refer in this , and the several answers to them ; some of which seem to me to carry a great weight with them ; but to them are of so small a consequence , that they do not think them worth a notice . they have now given the world what they call a history of standing armies , in which they have been guilty of some mistakes , some omissions , and some contradictions ; and tho' the historical part might very well have been omitted , as being nothing at all to the purpose ; yet 't is very proper to tell them , first , 't is a mistake that the spaniards did any thing to purpose in the seventeen provinces with men , which they call a standing army ; and if they please to review strada and bentivoglio , their own author , they will find that the duke d' alva and don lewis de requescens had very great armies at the bittle near groningen , against count lodowick of nassau , and at the sieges of harlem and mons ; the duke d' alva brought fourteen thousand men with him at first ; raised twenty-four thousand more at another time against the siege of mons ; and when the count d'egmont presented the petition against the foreign forces , they alledg'd the spaniards had thirty thousand men in pay , besides the troops of the country . as to other armies , i wonder the authors did not instance the small forces with which the spaniards conquer'd the mighty empires of mexico and peru ; in all which work , i never yet read that they had above horse and foot. armies , as well as every thing else , are great or small in proportion ; and archers in cheshire rais'd by richard the second , though they only made way to their master's ruin , were really a more formidable force than twenty thousand men in arms can be now . the authors ( for i am inform'd their name is legion ) have carri'd on their history to queen mary , and there break off , and tell us , the standing forces were then men , in queen elizabeth's reign ; where , by the way , 't is to be noted , they grant , that it has all along been allowed to have a standing force in england for above years past ; for we are not now arguing the quantity , but the thing , a standing army : and they have often in former papers asserted , that any standing forces are destructive of our constitution , and inconsistent with the english liberty ; and yet our constitution consisted very well in queen elizabeth's time . — nor have these gentlemen given their quotations faithfully ; for they have been told , and are not ignorant , that , first , whereas queen mary had but men , she shamefully lost calais to the french , for want of strength to relieve it . indeed if she had rais'd the militia , they might ha' kept the french from coming on to take dover , but if she had had men in pay , calais , which had been ours for some ages before , had been ours still ; and if it had , the loss of dunkirk had not been so much to our disadvantage . then , as to queen elizabeth , they omit that she always had a very good army in the low-countries , which to her was a nursery of soldiers : and in the time of her apprehension of an invasion , i would ask how many she transported hither for her own defence ; for the armies she prepar'd , at tilbury camp , and at plimouth , were not all militia , but soldiers disciplin'd and train'd in the wars in ireland and holland . what the authors say queen elizabeth did , and with what glory she reign'd , and how she left us when she died , is all true , and much more ; and what her revenue was , and what taxes she had , for ought we know may be so : but i hope these gentlemen will excuse me for saying they very much misrepresent the cise , when they would tell us what revenues she had ; as if those revenues perform'd all the great things she did : they ought to have told us also what taxes she had , and how she took from the spaniard above millions of pieces of eight at several times , at the west indies . at cadiz , and at sea ; which together with what subsidies , customs of towns , and interests the dutch paid her , were infinite : and with this she did all those great things , and with this she always kept an army on foot , and left them so after the peace ; by the same token that king james let of them starve and desert for want of subsistence , on the dutch refusing to pay the garisons of the brill , ramekins , and flushing . i shall not enter into the history of king james the first , king charles the first , or his sons ; the historical part does not argue either way in this case , as i understand the point : the question before us is not so much what has been , or has not been , but what is now needful to be done ; and i wish these gentlemen would admit a calm argument ; in which case i offer to prove , first , that 't is absolutely necessary to have some standing force ; and then , that with consent of parliament 't is not illegal . i remember one reply to the former argument entred into the historical part of the matter , and underlook to prove , that every government in england had for many years maintain'd some standing force ; and 't is too true to be denied . then they descend to examine the reign of king james the first , and of k. charles the first ; and tho' they grant they had no armies , yet they reckon up all the tyrannies and oppressions they were guilty of ; how they enslav'd the nation , bussoon'd the parliament , oppress'd the subjects , levied taxes ; but all without a standing army : nay , when king charles the first affronted the house of commons , he was fain , as these authors themselves say , to rifle the taverns , gaming-houses , and brothel-houses , to pick out or men ; which if true , tho' i do not fee it deserves any credit ; yet 't is plain he could have no army , no , not so much as any guards . now if all this can be done by a king without an army , why then the having an army can do no more ; the mischief does not lie in an army , but in the tyrant . the authors conclude of king charles the first having no army to support him , his tyranny was precarious , and at last his ruin . and may we not say so of his son , who had a great army , and as mercenary as any english army ever was ? and yet tho' he had an army to support him , his tyranny was precarious , and at last his ruin : so that tyranny is a weed that never throve in england ; it always poison'd the planter ; and an army , or no army , it is all one . this is only toucht at , to let the world know , that these gentlemen have not been faithful historians ; for that they have not fairly stated the case , but left out such things as are really true , because against their purpose ; which is not a fair way of arguing . but if the case must be debated , i think 't is very proper to reduce it to two heads : first , whether a standing army , in time of peace , may not be lawful ? secondly , whether it be not expedient ? as to the first question , it has really been prov'd in a small discourse formerly published , entituled , an argument , shewing that a standing army is not inconsistent , &c. which these gentlemen never thought fit to answer , and now do tacitly acknowledge to be true , but say 't is nevertheless dangerous : however , if it may be legal then , it cannot be true that 't is destructive of our liberty and constitution ; for that can never be destructive of our constitution which can be legal ; that were to make a thing lawful and unlawful at the same time . a standing army , with consent of parliament , is a legal army ; and if the legislative power erect an army , 't is as much a qualification to the army , as a charter is to a corporation ; for what else do these gentlemen call an establishment ? that cannot be illegal which is done by parliament . the titles of a bankrupt house of lords , a pensioner house of commons , a flattering clergy , and a prostituted ministry , are virulent phrases , and savour both of passion and ill manners . we have them not now , nor am i convinc'd we ever had , nor hope we ever shall . and yet if they were so , they are the parliament of england ; and what they do , is the act of the whole kingdom , and cannot be illegal . i shall not spend time to prove what the authors own , and cannot deny . i therefore lay down the first head as proved before , and granted by our adversaries ; that a standing army in time of peace with consent of parliament , is not inconsistent with a free government , and is a legal army . the second main argument is , whether it be necessary for all things that are lawful , are not expedient . whether there be so much need of an army , as that we should run the hazards that we are told we shall be expos'd to , from them . that we have very great reason to be always in a posture fit to maintain the peace purchased now with so much blood and treasure , i believe no body will dispute . whether with or without an army , i don't yet debate . that an army was the procuring cause of this peace , i hope it will be allow'd me ; and that had we not appear'd in a very powerful figure , the terms had not been so good , and lewis the th would not have parted with so many vast countries , impregnable fortifications , and sovereign titles ; our army in conjunction with our allies have under god's providence obtain'd this . now , whether it be proper to let go this lyon upon parole , and tying the french king by his honour only , which he has not formerly valued at much in such cases ; disband our forces , and rely upon the league ? this is the direct question . if the king of france were so much to be depended upon , the spaniard and the emperor need not have strain'd so hard for the strong towns of brisac , friburg , philipsburgh , mons , aeth , luxemburgh , and charleroy , which are very chargeable to keep , and no real profit to them ; and the king of france would readily have given up franche-compte , burgundy , and vast territories of land instead of them , with large revenues and advantages ; but these are given as pledges of the peace , and are maintain'd by the confederates at a vast charge , that they might have a sufficient strength to oblige the french king to perform the stipulation of the league . now i do not know what vast securities these gentlemen may flatter themselves with ; but to me it seems one of the most ridiculous things in the world to be wholly disarm'd at such a time , when all the nations in the world have forces in pay. i am willing to give the gentlemen of the club all the latitude in argument they can desire , and therefore i 'll grant that the french king has surrendred all the towns and countries he was to surrender , though he really has not . that king james is neither in power nor person at all formidable , nor indeed worth mentioning in the case . that the king of spain is not dead , nor like to be so . that these are not , nor ever were arguments for a standing force , at least not singly considered . but notwithstanding all this , i cannot but say that some competent standing force is absolutely necessary to preserve that peace which has cost the nation so dear ; and it would seem a most unaccountable weakness to run the hazard of it , and expose us to the uncertainty of it : we say , temptation makes a thief . there is nothing in the world will be so likely to make the peace precarious , and allure the french to break it , as to find us naked and defenceless . if it be true , that an army may be dangerous at home , 't is as true , that having no army must be fatal abroad : the danger of an army is uncertain , and may be none ; the damage of the contrary is infallible . 't is not saying we have formerly conquer'd france , and therefore ought not to be so frighted with apprehensrons of it now all the french fools they say are dead . france now , without reflection upon england , is much too strong a match for any single nation in europe , and the only means to keep her within bounds , is by confederacies , and leagues offensive ; how these can be maintain'd without quota's of forces ready to unite , is a mystery too dark for my understanding . indeed the king may say to his confederates , truly my subjects won't trust me with any soldiers , and therefore i must pay my proportion in money . but other countries may refuse to keep up forces as well as we , and so a league would be to small purpose indeed . these things have been offer'd before now , and in better terms , and the gentlemen with whom we argue have thought sit to forget to speak to them . but now we are banter'd about a fleet and a militia , and these are the equivalents with which all the pretences of a standing army are to be answer'd . indeed a fleet well ordered is a good thing ; and a militia well regulated , that black swan , that unheard-of thing , if ever it could be had would be a good thing too . but pray , gentlemen , give some people leave to understand things in the world as well as you : suppose this fleet and this militia to be all that you can pretend , what would this be to a war in flanders ? 't is the carrying the war into flanders , that is our great interest ; the barrier of strong towns there is our best security against france in the world : now suppose the french king should with men fall into those countries like a tempest , as he did in , without declaring war , would our militia go over with the king to help our confederates ? or could our fleet relieve charleroy ? would raising an army , though it could be done in forty days , as you say king charles did , be quick enough ? 't is strange these things are not worth while to consider : why does the french king keep up an army ? 't is not for fear , but to increase his glory ; and for that very reason it would be preposterous for us to be naked . england has always gone hand in hand with the times ; and arm'd or not arm'd , as her neighbours did , and must always do so : in the days when we kept no forces at home , our neighbous kept none abroad , and then there was no need of it , we were as well provided as they ; but now they are all strong in men , and shall we be naked ! that is certainly to be exposed ? 't is argued , an army may soon be raised ; king charles the second raised an army in forty days , and the present king very speedily . i would but desire these gentlemen to examine , how it fared with both those armies ? i saw them both and they were composed of as jolly , brave , young fellows as ever were seen ; but being raw , and not us'd to hardship , the first army lay , and rotted in flanders , with agues and fluxes , the very first campaign ; and the last did the like at dundalk ; and so 't will always fare with any army of english men , 'till they have been abroad , and inur'd to the service . i appeal to any man , who knows the nature of our men ; they are the worst raw men in the world , and the best when once got over it . but to return to the point : if 't is necessary to preserve our peace , and maintain the leagues and confederacies , which are the bands and barrs of it ; if 't is necessary to be always ready to prevent an affront of an enemy ? if 't is necessary to support the reputation of our english power ? 't is necessary then to be , not only in a posture to defend our selves at home , but to defend our confederates abroad , and to assist them in any sudden insult from the enemy ; and this can be done neither by a fleet , nor a mililitia . but to come further : we have been invaded in england , notwithstanding our fleet ; and that many times . henry the seventh landed with an army in spight of richard the third and his fleet. the duke of monmouth landed in the west , tho' king james had a very good fleet : and had not king james's standing army , tho' that was but two thousand men , there routed them ; i appeal to all men to judge , what could the militia have done to him ? now i 'le suppose the duke of monmouth had been a french man , or any thing , he had time to land and invade us , and unlade his arms , and might have sent his ships away again , and never have been hindred by our fleet ; and had he been but regular men , he had beat king james out of his kingdom . again , his men were raw , a meer militia , and you see what came of it , they were defeated by a quarter of their number , tho' i must say , they were better than any of our militia too , by much . again , the prince of orange landed his whole army quickly , notwithstanding a fleet , and had leisure enough to have sent away all his ships again : so that'tis a mistake , to say we cannot be invaded if we have a fleet , for we have been invaded tho' we have had a good fleet ; and demonstration is beyond argument . and i would undertake , without vanity , to invade england , from any part beyond sea , without any fear of the fleet , unless you will have a fleet able to block up your neighbours ports ; and when you hear of any ships fitting out any where , send and forbid them , as queen elizabeth did to henry the th of france . now if i could come safe on shore , notwithstanding the fleet , then , if you have no army to oppose me with , but your country militia , i would but ask any understanding soldier , how many men he would require to conquer the whole nation ? truly , not a great many ; for , i dare say , of the best militia we have , back'd with no disciplin'd troops , would not fight old soldiers : the instance of the iniskilling men in ireland will not bear here ; for , on the one hand , they were men made desperate by the ruin of their families and estates , and exasperated to the highest degree , and had no recourse for their lives but to their arms ; and on the other hand , the irish were the most despicable scandalous fellows the world ever saw ; fellows that shut their eyes when they shot off their musquets , and tied strings about their right hands to know them from their left : these are wretched instances , and only prove what we knew before , that the militia are always brave soldiers when they have to do with children or fools ; but what could our militia have done to the p. of o. old veteran troops , had they been willing to have opposed him ; truly just as much as king james did , run away . the story of making them useful has been much talk'd of , and a book was printed to that purpose ; it were a good project , if practicable , but i think the attempt will never be made by any wise man , because no such will go upon impossibilities . war is no longer an accident , but a trade , and they that will be any thing in it , must serve a long apprenticeship to it : human wit and industry has rais'd it to such a perfection ; and it is grown such a piece of manage , that it requires people to make it their whole employment ; the war is now like the gospel , men must be set apart for it ; the gentlemen of the club may say what they please , and talk fine things at home of the natural courage of the english , but i must tell them , courage is now grown less a qualification of a soldier than formerly ; not but that 't is necessary too , but mannagement is the principle art of war. an instance of this may be had no farther off than ireland ; what a pitiful piece of work the irish made of a war all men know : now 't is plain the irish do not want courage , for the very same men , when sent abroad , well train'd , and put under exact discipline , how have they behav'd themselves in piemont and hungary , they are allow'd to be as good troops as any in the armies . and if the state of things alter , we must alter our posture too , and what then comes of the history of standing armies ? tho' there had never been any in the world , they may be necessary now , and so absolutely necessary , as that we cannot be safe without them . we must now examine a little the danger of a standing army at home ; in which it will appear , whether the gentlemen of the club are in the right , when they turn all the stream of the government into one channel , as if they all drove but one wh●el , and as if the whole design of the king and his ministers were to obtain the despotick power , and to govern by an army . they do indeed caress the king sometimes with large encomiums ; but on the other hand , they speak it as directly as english can express , they intimate to us , that he design'd the government by an army , even before he came over ; and therefore in his declaration omited to promise the disbanding it . i wish these gentlemen would leave out their raillery , as a thing that never helps an argument , — as mr. dryden says . — for disputants , when reasons fail , have one sure refuge left , and that 's to rail . however , we shall not treat them in the same manner . i cannot think all those artifices of the court , ( for a standing army ) are true , and some of them are plain forgories . to tell us the parliament thought , they might have mannaged their part of the war by sea. that the word authority of parliament was urg'd to that article of the declaration of right , about standing armies , by such as design'd so early to play the game of a standing army : that the kingdom of ireland was neglected , and london . derry not reliev'd ; that a pretence for a greater army might be fram'd . these are horrid suggessions , and favour only of ill nature ; and it may be very easy , had i leisure to examine , to prove to those gentlemen , that the parliament had as great a sense of the necessity of force to reduce ireland , as the king had , and were as forward to grant supplies for it . when the king told the house , that 't was not advisable to attempt it without men. if these gentlemen had ask'd who advised his majesty to say so , i could ha' told them , duke schomberge himself did it . ; a man who was much a soldier , and as honest as ever commanded an army ; a general of the greatest experience of any of his age , who no man could despise without our reproach to his judgment ; a man us'd to conquering of kingdoms and armies ; and yet he thought it very unsafe to fight with that army at dundalk . and we were beholding to his conduct for the saving the whole nation by that caution , tho' thousands lost their lives by it , and some foolishly reflected on him for want of courage ; which 't was thought , cost him his life at the boyne . king james had men in ireland , furnished with every thing necessary but a general ; and can any body say , that to attempt reducing them with less than , was a pretence to get an army . this is straining a text , a trade , ( without reflection ) which our adversaries are very ready at ; but which is more useful for them , in their socinian principles , than in their politicks . by this , i must beg leave to tell the gentlemen , it most plainly appears , that they drive at villifying the present establishment , rather than at the liberty they talk so much of . the next absurdity i find , is page . where , tho' they do not affirm , because like cunning disputants , they won't hamper themselves in argument , yet they plainly intimate , that all the omissions of our fleet were design'd to produce this argument from it , that a fleet is no security to us . as if his majesty , or his ministers , should order our fleet to do nothing considerable , and spend six or seven years , and as many millions of mony , only to be able to say to the parliament , that a fleet is no security to us . this is such a thing , that i cannot pass over , without desiring these gentlemen to examine a little , whether his majesty has not , on the contrary , more improv'd our fleet and shipping , than any king before him ever did ? whether he has not built more ships , and by his own fancy , peculiar in that way , better ships than any of his predecessors ? whether the docks , the yards , the stores , the saylors , and the ships , are not in the best condition that ever england knew ? whether the king has not in all his speeches to the parliament , and in all the state of the navy laid before them , put forward , to his utmost , the greatness of the navy ? whether the decoration of the navy and stores , are not regulated by him , to a degree never before put in practice ; and whether , now the war is over , he has not taken care to have the greatest fleet in the world , and in the best posture for action ? and is all this to let us know that a fleet is no security to us ? i blush for these gentlemen , when i think they should thus fly in the faces of their own arguments ; and abuse the care his majesty has taken for that security , which they ought to look on , with as much satisfaction , as our enemies do with concern . besides , i do not remember that ever the king , or any of his ministers , offered to lessen the value of a good fleet in any of their speeches , or discourses ; if so , to what end have they been so careful of it , and why have we a registring act to secure men for it , and a royal foundation at greenwich hospital to incourage them ? why so many bounties given to the sea-men , and such vast stores laid in to increase and continue them ? but must we not distinguish things ? our defence is of two sorts , and so must be our strength . our fleet is an undeniable defence and security for us ; and we will grant , to oblige them , whether so or no , that both the fleet and our militia , which they are so fond of , are as great a security at home as they can desire ; but 't is plain , and they cannot pretend to deny it , they are neither of them any thing to fianders ; which all the world will own must be the scene of a war when ever it begins . to say we may assist with mony , is to say nothing ; for men may be wanting as much as mony ; and are so too , and have been so this war at an unusual rate . these arguments might be inlarg'd , even to a twelve-penny book , like the author's , if the printer desir'd it ; but short as they are , they cannot be rationally confuted . the gentlemen who argue thus against force , have taken upon them to lay down a method , how to assist spain , in case of a war , by bringing soldiers from final ; not leting us know , if we did not enquire , that those forces must sail by thoulon , and that we must have a great fleet in the straights for that service , or they will be prevented ; nor not enquiring which montferrat , way those troops shall come at final , while the duke of savoy possesses and all the higher part of italy for the french : if they could argue no better than they can guide a war , if their logic was not better than their geography , they would make poor work of their argument . but because they seem to understand such things , i would fain ask these gentlemen , if a war should break out now in the empire , between the papists and the protestants , which a man , without the spirit of prophesie , may say is very likely ; pray which way would these gentlemen have the king aid the protestants in the palatinate , what service could our fleet and militia do in this case . why , say our gentlemen , we may aid them with mony. so did king james the first , after a most wretched manner , tho' his own daughter was to lose her patrimony by it ; and the protestant interest in germany , which now is in more hazard than ever it was since gustavus adolphus his time , must be supported by the leagues and confederacies , which our king must make , and our forces uphold , or 't is a great question whether it will be supported at all . england is to be considered in several capacities , though these gentlemen seem to confine themselves to england ; within it self england is , at this time , the head of two leagues , both which are essentially necessary to the preservation of our welfare : one a league of property , and the other of religion . one a league against french slavery , and the other a league against german popery ; and we can maintain neither of these without some strength . i could tell these gentlemen , that while they would disarm us to protect our liberties , they strike a fatal stroke at our religion , which , i confess , i ought not to expect they should value , because i know their principles to be both irreligious and blasphemous . after all that has been said , 't were not amiss to examine what this army is we speak of , and how to be maintain'd ; for these gentlemen argue all along upon a great army , enough to subject a kingdom ; and to raise it up to a magnitude , they have gone into ireland and scotland , and rak'd into the settlement of those kingdoms to muster up a great army ; though after all , their calculations are wrong , almost a third part . in short , they have reckon'd up small and great to make up the number . to which it is conveninient to reply . first , what forces are maintain'd in scotland and ireland , is nothing to the purpose ; for both the parliaments of those kingdoms have concurr'd ; and found it necessary , though these gentlemen think otherwise . secondly , if the king does see it proper to have some forces ready on such occasions as we have discours'd , but , to ease us of our jealousies and fears , keeps them in other kingdoms , and with consent of those kingdoms ; is not the english nation so much the more oblig'd to him for his tenderness of their safety and satisfaction ? thirdly , why do not the gentlemen as well argue against his having the stad-holdership of holland , by virtue of which he can , when ever he pleases , command over ten or twenty thousand men from thence , to enslave us when there is no war abroad . for it seems the distance of the army is no safety to us . to go on , we have the war at an end , the king has dismiss'd the foreign troops , disbanded ten regiments at home , besides horse and dragroons ; most of the scots abroad , sent twelve regiments to ireland , and broke them there , and reduced the army to so small a degree , as that much cannot be fear'd from them , nor fewer can hardly consist with our safety ; and yet these are the grievances we are to be so terrify'd at , that nothing but slavery must be the consequence . neither has any attempt been made to make this army perpetual , nor has any number been prescrib'd . but such an army , so proportioned , so qualified , and such a regulation as the parliament shall see needful , may be legal , must be necessary , and cannot be dangerous : and to the king and parliament we may with satisfaction refer it . the parliament will consent to no force , but such as they shall judge safe and necessary ; and the king will insist on no other army than the parliament consents to ; and while they agree to it , why should `we be concern'd . for while the king allows the disposal of the army to the vote of the parliament , by which they may be either continued or dismissed , no future danger can appear ; unless a parliament shall part with that power , which in this reign is not likely to be desir'd of them . the conclusion . i cannot pass over this matter without a short reflection upon the persons and designs of the authors of this , and the like pamphlets against the government , and to enter a little into the history of their practices for some years past . his majesty has found the influence of their more secret actions , during the war , in their delaying and disappointing of funds and supplies , which , two years together , prolong'd the war , and had like to have been fatal to the army in flanders , who went without pay longer than any army in the world ( but themselves ) would have done ; and let his majesty know , that they would not only fight for him , but starve for him , if there was occasion ; and which his majesty took great notice of in his speeches at the opening of the next parliament . after this , they set up for male-contents , and always went about town , complaining of mis-management , ill officers , state ministers , and the like : angry that they were not preferr'd , and envying all that were ; crying out , we must have peace , and we should be ruin'd by the war ; magnifying the power of the french , which now they undervalue so much ; and saying , we should be subdued by the power of france , if we did not save our selves by a peace ; and the like . at last , the king , contrary to their expectations , and false ` prophesies , brought the french to terms safe and honourable ; and a peace has been obtain'd as good as was not only expected , but desired . this was no sooner done , but they strike at the root ; and now for fear of his hurting us , we must disarm the king , and leave him no more weapons than should be trusted to a child , or a ` mad man : and in order to secure us from a tyrant , the whole nation must be disarm'd , our confederates deserted , and all the leagues and treaties ( made for mutual defence and security ) be broken , and the king left unable to perform the postulata's of his own part . in order to this , they appear in print ; and setting up as champions of the peoples liberty , form'd themselves into a club , and appear openly both in print , and publick discourses ; and being all of them maintainers of the most infamous heresie of socinus , they bid defiance to the son of god on one hand , and to the king and government on the other . and that their blasphemy might go hand in hand with their politicks , they publish'd two socinian books , and two books against the army , almost together . much about the same time , from the same people , came out into the world , two volumes of ludlow's memoires ; in all which , the conduct of the parliament against the king is exceedingly magnified ; the government of a single person opposed covertly , under the person of o. c. but in general , of any single person whatever ; and all the common-wealth-principles advanced and defended . and having much work of this sort to do , and being under some fears of a restraint , from an act for regulating the press , they endeavoured to ward off that blow by publishing a book for the liberty of the press , which they mannaged with such artifice , that the bill was not past , and so their fears vanisht . this was a victory they knew how to make use of , and it was immediately followed by a publication of coll. sidney's maxims of government , writ against filmer ; for which the author dyed a martyr , and of which one of the publishers had the impudence to say it was the best book , the bible excepted , that ever came abroad in the world. and now from the same forge is hammer'd out the history of the standing armies , in which all the artifice in the world is made use of , to set things in a false light , to raise the cry of tyranny and despotick government , which has been so long abdicated ; to decry state ministers , ridicule our settlement , banter the king , and terrifie the people . and that it might have its due force , to sow dissention and disagreement between the king and his people , both these attacks made against the army were tim'd to appear just at the opening of the parliament , and so industriously handed about , that they have been seen in the remotest countries of england before they were published in london . 't is hoped these circumstances will a little open the eyes of the world , and teach us to mark such as sow divisions among us , and not to meddle with those who are given to change. but to leave the matter to the parliament , who are proper judges of the fact , and have always been very careful both of our liberty and our safety . finis . a short history of the last parliament blackmore, richard, sir, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a short history of the last parliament blackmore, richard, sir, d. . drake, james, - . p. printed for jacob tonson ..., london : . written by richard blackmore. cf. nuc pre- . wrongly ascribed to james drake, m.d. cf. halkett & laing ( nd ed.). reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- william and mary, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tonya howe sampled and proofread - tonya howe text and markup reviewed and edited - pfs batch review (qc) and xml conversion a short history of the last parliament . the honourable conclusion of the late war with france , to the great mortification of his majesty's enemys , the satisfaction of his friends , and the admiration of all men , must thankfully be acknowled'd as chiefly owing to his majesty's great wisdom , invincible courage , and inflexible resolution . by his courage he rekindled the decaying fire of this warlike people , taught them by his conduct , and provok'd them by his example to equal the atchievements of their valiant forefathers , and thereby restor'd to england the ancient reputation of her arms. but by his wisdom he procur'd us an honour we never could before pretend to ; he made england a match for france , as well in the cabinet , as in the camp ; and gain'd by a wise treaty more , than by arms had been won in the field . for any potentate to unite many states and princes disagreeing in interests , inclinations or religion , in a strict confederacy against a common enemy , and to preserve that alliance unbroken for many years together , notwithstanding the great losses those allies sustain'd , and in despight of all the attempts of foreign and domestic enemys to dissolve their union , must be acknowledg'd by all the world , as the effect of a refin'd and masterly judgment : yet this honour , which perhaps has no example , is by the confession of all , due to his majesty , who was the only center in which so many various lines could meet , the only head which such differing interests could confide in , as capable to direct them in a juncture of time , when the libertys of all europe lay at stake . we are likewise greatly indebted to the bravery and fidelity of his majesty's fleet and army for our present peace , and the blessings that attend it . it must be own'd to their great honour , that our officers and common men , as well by land as by sea , notwithstanding any disappointments they at any time met with , did on all occasions show a courage and resolution equal to that of their warlike ancestors ; a courage that became the subjects of such a prince , and such a general ; a courage worthy of the noble cause in which they were engag'd ; the preservation of their religion , laws and libertys . and therefore no praises can be too high , nor can any rewards consistent with the publick good for which they fought , be look'd on as too great for men who have merited so much of their country . and yet it must be confess'd that so great a prince and so great a general at the head of such brave and loyal men , could never have been able to have brought a war with such a potent adversary to a happy issue , had not the parliament of england concurr'd with him , and stood by him with so much constancy and unanimous affection . 't is therefore to these worthy patriots that we owe , in a great measure , our present security , and the establishment of our laws and religion . the people of england ought to have a due reverence and affection for their representatives in parliament , and to maintain their honour , even when in distemper'd times it might happen , they should act some things against the publick good , not only because they are a part of our constitution , but likewise that particular part which the people have entrusted to look after and manage their interests ; for should the people desert their representatives , they would be felo de se , and one day run a hazard of losing that part of their constitution . and if it be the duty and interest of the people , not to despise , or run down indifferent , or bad parliaments for the reasons mention'd , what applauses , what expressions of affection and gratitude are due to good ones ? and indeed if any of our parliaments ever rightly understood , and zealously pursu'd the true interest of their country , those that have been call'd , and sate since the happy revolution , must be allow'd with the greatest justice to have merited that character . if to have stedfastly adher'd to the interest of europe against a common enemy : if to have chearfully supply'd his majesty with the sinews of war , to enable him to carry it on with vigour ; and by such ways and means as were least burdensom and uneasy to the people ; if to have discern'd and prevented the greatest dangers that could threaten a nation ; to have conquer'd difficulties of state of the highest nature , and to have persever'd so many years , thro' an obstinate zeal for the good of their country ; to support his majesty till his arms had procur'd an honourable peace , and thereby establish'd our government , our religion and our property : if this be to have deserv'd well of the english nation , the parliaments have been speaking of , have at least equal'd the glory of their greatest ancestors . their love to their country , and capacity for publick business , have appear'd in a very eminent manner : 't is easy and pleasant to sail in good weather before the wind ; but to steer true and steddy in a storm , to beat it against the wind ' midst rocks and shelves on either hand , and to make the port at last in safety , this must be allow'd to be a master's work . these parliaments therefore , and particularly those among them who had the chief direction of affairs , having like wise and careful patriots , done so much in their hard station toward bringing matters to this successful issue , must deserve all the grateful returns that can be from their country . their honour is the more particular , inasmuch as men of great capacity for business of state , are so very rare : for it may be truly said , that a thousand men are born in this kingdom fit for arms , to one , that has solidity of judgment , quickness of apprehension , compass of thought , and clearness of sight , proper for the management of publick affairs . what has been said of the several parliaments assembled since his majesty's accession to the throne is more eminently true of the last ; which pursu'd the designs of the former with the greatest skill , as well as the warmest zeal . this august assembly had the hardest tasks imaginable upon their hands , and to give an impartial and succinct relation of their principal proceedings , of the wise measures they took to remove the evils we felt , and to prevent greater which we fear'd ; and to find sufficient supplys for the carrying on the war , till at last they had the satisfaction to see it issue in an honourable peace , is the design of the following papers . when this parliament first came together , they found themselves engag'd in variety of business of great nicety , and most important consequence . to maintain our new settlement after the late happy revolution , we had a war upon our hands with a mighty prince ; who by his naval strength , as well as by the number and discipline of his land forces , by the wisdom of his counsels , and his constant successes , was grown the terror of all europe . this potent monarch protected the person , and espous'd the quarrel of the late abdicated king ; and looking on his honour and interest alike concern'd , us'd his utmost efforts by arms to re-enthrone him . and notwithstanding england had hitherto with great resolution and alacrity born the weight of this heavy war to preserve all those advantages ; that is , whatever is dear to an english freeman and a protestant , which were procur'd by their late deliverance , yet some of the wisest and clearest-sighted among those who were hearty friends of the government , grew diffident of the event . they question'd our ability to support our selves under so burdensom and expensive a war , while the enemys of our settlement were insolently sure of over-turning it . 't is true indeed , we had at the head of the government one , from whom we might expect all things that with reason could be hoped for , from the courage and conduct of a wise prince , and an accomplish'd general ; one , who to protect a nation which with so much glory he had before delivered , freely and frequently expos'd his life , as if it had been the life of a common man , to all the dangers of the sea , and all the hazards of battle by land ; and who the year before by his reduction of the important fortress of namur , in the sight of almost all the power of france , had struck a damp upon our enemys abroad , and rebuk'd the confidence of the malecontents at home . but notwithstanding the nation might with the fullest assurance rely upon his majesty for every thing that could be ask'd , or expected from the greatest prince , and most watchful father of his country ; yet the people could not be without their fears , lest he should one day fall by the hands of saul , and the kingdom be crush'd by the disproportion'd power of our enemys . they doubted whether the nation , tho' ever so willing , would be able to grant to his majesty the necessary supplys , for carrying on so necessary a war. but besides what we had to apprehend from so formidable a foe abroad , we had a great deal to fear from our treacherous enemys at home . for tho' the body of the nation was infinitely pleas'd with the late revolution , and thankfully acknowledg'd the unvaluable benefits that attended it , yet a considerable number were impatient of their deliverance , and rav'd at the restitution of our libertys and religion . our warlike david found his most dangerous enemys were at home , if not of his own houshold . the whole body of the papists were his enemys , and the reasons of their enmity are too obvious to mention . besides these , a great number of moderate protestants , and such as were the creatures and dependants of the late government , and had embark'd in , or wish'd well to the glorious design of enslaving and ruining their native country , men of arbitrary and tyrannical principles , fixt and setled in their hatred to the constitution of our government , and the libertys of the english nation , these , and many others that did not find their account and particular interest in the present settlement , became its enemys ; and by open or clandestine ways , endeavour'd to streighten or subvert it . these men were very zealous to deliver us from our laws and libertys , and to restore us to the privileges of our egyptian burdens . the ungrateful murmurers spoke of stoning the moses that rescu'd them ; and unable to bear their happy deliverance , with threats and violence demanded their heavy tasks , and their old oppressors . these men , according to their different posts and tempers , in different ways , assisted the foreign enemy . all arts and methods tho' ever so base and unworthy , which wit quicken'd with malice could invent , were employ'd to weaken the reputation of the government . sometimes they flew openly upon it with bitter invectives , sometimes they secretly stab'd it with malicious suggestions and sly insinuations . they traduc'd all that were in publick employ , and expos'd them to contempt ; they worried their names with base and groundless calumnys , attributing many of our misfortunes not to be foreseen , and therefore not to be prevented , to the treachery or negligence of our most faithful and vigilant ministers . and 't is no wonder these fierce creatures fasten'd so greedily on the characters of our greatest ministers , when his majesty himself , who had merited as much as any prince ever did of his people , could not escape their disloyal reflections . they were very fond of propagating any ill tydings , or false reports , that might any way lessen the credit of our administration , increase the fears of the people , and cool their affection to the government ; what unnatural and salvage joy did they express when they heard of any losses that befell the nation , which they cruelly aggravated , and with no less zeal they diminished and slighted the advantages we at any time obtain'd : they could by no means dissemble the secret pleasures they felt , when they had any fresh hopes of seeing their country speedily undone . england , as before mention'd , being engag'd in a war with france for the preservation of the late happy settlement , great supplys were absolutely necessary to enable his majesty to sustain the force of a kingdom , which by their own wise administration , and the supineness of england in the late inglorious reigns , was grown so potent , that now it requir'd a longer sword to resist , than heretofore to conquer it . and for this reason , without the least flattery , his majesty has acquir'd more honour by controuling the power of france , than any of his great predecessors did by subduing it . the parliaments therefore resolving to carry on the war with vigour , were oblig'd to lay great taxes on the people , tho' not greater than the necessity of affairs requir'd ; and the war continuing so long , they could not be insensible of the burden . of this the malecontents took the advantage , and represented in all companys , that the government must of necessity sink under its own weight , and that our heavy taxes , by reducing us to extream poverty , would inevitably prove our destruction . they never ceas'd declaiming on this popular subject , and galling the people in this tender part ; hoping to make them weary of a government which was represented so burdensome ; and at last , perswade them rather to let in the deluge , than to be at the expence of maintaining their banks . besides these adherents to the late king's interest , there were others , who tho' great asserters of the late revolution , and averse enough to a second ; yet , from i know not what private disgusts , personal quarrels and disappointments , grew sowr and uneasy ; and to express their resentments in all conversation , endeavour'd to bring our administration into contempt ; they were for breaking the confederacy , and against raising such large sums of mony for carrying on the war ; they were for distressing and streight'ning the government , but not for overturning it . they were willing it should continue ; but they were for clogging its wheels , that it might move heavily ; in short , they were against all things that the known enemys of the government were against ; and for all things which they were for , unless the overthrowing of the present settlement , and the restoration of the late king ; that is , they were for all the means that would certainly bring about the end , but not for the end it self . however , under this plausible pretence of declaring against great taxes , and by other popular oppositions , they thought to recommend themselves to their country , as great patriots ; tho' at the same time , the greatest enemys of the government had in this respect , as good a title to the favour of the people ; whom they would gladly have deliver'd from their taxes , and thereby have eas'd them of the means of their preservation . the proceedings of these men were of all others the most absurd and unaccountable ; and the opposition they made ; seem'd to be the effect of some strange infatuation . the best apology that can be made for 'em is , that they were guided by a false notion of popularity ; and suppos'd that the character of a patriot was without distinction of times or persons , to be ever against the court , and in all cases whatsoever . notwithstanding these men could not but be sensible , that the preservation of their religion , laws and libertys , was inseparably interwoven with that of the government ; that the face of affairs was so far alter'd by the late happy revolution , that the interest of their country was plainly the same with that of the court ; which appear'd , as well by the opposition that was made to it by all those whom these men themselves ever look'd upon as the greatest promoters of popery and arbitrary power ; as by the principles of liberty by which the government was brought about , and on which it must always stand ; and notwithstanding this was a government of their own seeking . and than which they could never expect any other more favourable to them , either in their civil or religious interests ; notwithstanding all this , such a satisfaction it was to thwart a court , such a pleasure to express a private resentment , and by the same act to be thought popular , that these men to the admiration of all , and with the secret derision of their new friends endeavour'd what they could to make the government uneasy . moreover , at this time another difficulty lay heavy upon the nation : our current coin had many years before began to be clip'd , a mischief which of late had been secretly carry'd on , and promoted by the enemys of the government , and the dangerous consequences of it not being heeded or wilfully neglected , and therefore no remedy being apply'd , our mony wgs now become so far diminish'd and debas'd , that the nation suffer'd unspeakably by it , both in carrying on the war , as well as our commerce . the cure of this evil could no longer be delay'd , without apparent and inevitable ruin. the adherents to the late king , and the disaffected to this , observ'd it with unconceivable joy. they were very confident the government must unavoidably split on this rock , and that this single mischief was enough to sink it . and tho the friends of the government and their country ( i call them so , because the interest of both are now so inseparably united , that 't is impossible to be one without being the other ) were fully convinc'd that this grievance ought to be redress'd ; yet how to effect it in such a conjuncture , without bringing the nation into the utmost confusion , was enough to puzzle men of the deepest reach , and greatest capacity . our enemys abroad , after the glorious success of his majesty's arms the last campaign in flanders , grew very diffidenr of the issue of the war. after this blow which wounded them in so sensible and tender a part , they express'd by their behaviour and language , how much their hopes of subduing us by force were abated ; they could not but foresee , that if his majesty could appear in the field the next summer in the same circumstances as he did the last , it would be very hard , if not impossible , for them to oppose his arms. to prevent this , they had two things to wish and promote ; one was to embroil our affairs by creating mutinys at home , the other to ruin our credit , and thereby disable us from carrying on the war abroad . the first they hoped would be effected by the ill state of our coin ; for to neglect that disease , or to attempt its cure , they judg'd would alike produce such intestine disorders as would prove our destruction : and as to our credit they judg'd , that if by any means that of the bank of england could be destroy'd , which was then the great support of the nation , and was by experience found to be so the following summer , when it contributed so much to the support of our army , at a time when the bank it self labour'd under the greatest streights , it would be impossible for us to maintain our army abroad ; and for this reason they engag'd their friends in england to employ themselves with the utmost diligence , to aggravate the inconveniencys of not recoining our mony if that should be neglected , or to embarrass and entangle as much as they were able , the methods of recoining it , in case that should be agreed on , and thereby make it grievous and insupportable ; and in case any miracle should happen , that this great business should be accomplish'd without the confusion that was expected to follow , they were instructed to leave no stone unturn'd , whereby they might hope to destroy the publick credit , and particularly that branch of it that remain'd most entire , the bank of england . if either of these designs , and much more if both succeeded , they were well satisfy'd it would be impossible for the king to appear in flanders the next spring in that formidable manner he did the year before . in this posture our affairs stood , and indeed this business of the coin was such a complicated , and almost inextricable a mischief , that notwithstanding this parliament , as will appear in the sequel of this history , appear'd a most wise assembly , and did wonders for the preservation of the government , and their country ; yet it may be perhaps allow'd , that some unfitting and unwary steps were made , when they first enter'd upon so delicate and intricate an affair ; and indeed the novelty as well as the nicety of it was such , that it was their honour they made no more , if indeed they made any . it is not certain , that if according to some resolutions , the silver mony had been all call'd in at once , and then paid out as fast as recoin'd , according to the respective appropriation , we should not have run into the greatest confusions ; for 't is not easy to tell how the smaller necessities of life and commerce among the people could have been maintain'd , had the mony been call'd in all at once , or how the new mony should have freely circulated , had it been all paid out as appropriated ; for it seems that the monied usurers , and the goldsmiths , must of necessity have receiv'd the far greatest part , who were not likely to part with it without great advantage : and if these had been the consequences , 't is plain the nation could by no means have subsisted ; and as some men apprehended , that had the parliament proceeded in these steps , this confusion would have follow'd ; so they were afraid , that if the second bank that was intended to be set up , had been establish'd , it would have prov'd so great a diminution of the credit of the former , that it had been impossible to have supported our army in flanders ; and if that had been the consequence , we must have been contented with what terms of peace our enemys would have been pleas'd to give us . whether these resolutions would have produc'd these effects which many apprehended , is not certain , they being never put into execution ; but this is certain , that if these measures were wrong , the parliament soon after recover'd themselves , to their great honour ; for even then when they found themselves perplex'd , and almost opprest with their hard affairs , yet such was their zeal for the service of their country , such their courage and resolution , that they broke thro' all their amazing difficultys , and made the way to a prosp'rous conclusion . besides , at this time tho' 't is plain by the event , that the nation had treasure enough to support the war , yet the ways of coming at it were grown very difficult . the former parliaments chose rather to establish funds for publick supplys , than to use any methods of raising them within the year ; divers branches of the king's revenue were by his majestys own consent , subjected to great anticipations , and the most easy and obvious funds were already setled , and sufficiently loaded ; so that by the continuance of the war , it became much harder for this , than for the preceding parliaments , to find out ways to defray the charge of it . this was the posture of affairs when this memorable parliament first sate down . these were the complicated diseases under which the nation labour'd , when these physitians of state met together to consult about proper remedys . now to judge right in such nice and perplex'd cases , and to extricate a kingdom from such various and pressing difficultys , is a task worthy of wise and great men ; and when 't is duly consider'd what condition this parliament found the nation in , what hard work lay before them , and how they surmounted the frightful difficultys they had to contend with , whereby they defeated the hopes and expectations of their enemys , and setled the nation in peace and tranquility , it can't but raise in us a mighty esteem of their love to their country , as well as their courage and great capacity . his majesty having finish'd the campaign in flanders ninety five , no less to his own honour than the general satisfaction of his people , arriv'd in england the fourteenth of november , where he was receiv'd with as loud applauses , and as great demonstration of publick joy and affection , as have been express'd on any occasion . he met the parliament on the two and twentieth day of november following ; and at the opening of the sessions , both houses with great zeal and unanimity , in a very loyal address to his majesty , congratulated the success of his arms in flanders , and his safe return to his people : in which they likewise assur'd him of their stedfast resolution to support his majesty and his government , against all his enemys at home and abroad ; and effectually to assist him in the prosecution of the present war. the great thing this parliament had to do , and which they undertook with great alacrity , was to find out ways to discharge the expence of the war , and to carry it on with vigour , till they could bring it to a safe and honourable conclusion ; this they were resolv'd to do with the utmost care and application . but at the same time , to shew their zeal for the ease of the people who chose them , and the security of their lives and estates , before they so much as enter'd upon any publick business , a bill was brought into the house , and read the first time , for regulating trials in cases of treason and misprision of treason ; where many things which the people complain'd of as grievous , were remov'd or mitigated . this bill in a short time past both houses , and was one of the first that receiv'd the royal assent this session : by which gracious condescension his majesty was pleas'd to let his people see , that he was as ready to contribute every thing in his power , for the ease and safety of his subjects , as they were every thing in theirs , for the support of his majesty and his government . about the second of december , the house of commons voted a supply for carrying on the war , and proceeded to proportion it according to the estimates relating to the navy , army , and our allies . they endeavour'd all that was possible to raise the supplys they had voted , by such ways and means as might keep the people from being querulous and uneasie . and notwithstanding the lands of england had all along born so great a share of the publick charge , and that now there might be a greater pretence than in former parliaments , to ease the landlord ; yet the house resolv'd not to spare themselves , but tax'd land four shillings in the pound . they were contented to share the expence of the war , and chose rather to burden themselves than their tenants , acting in this like wise generals , who to encourage their troops , and engage their affection , put them upon no other hardships than what themselves are most forward to undergo . about this time the parliament enter'd upon the great affair of the coin ; and whether it was necessary or expedient to recoin the silver mony , was the first question . the arguments were indeed weighty on either side . the reasons against calling in and recoining our mony were , that this was no fit conjuncture for it . that the nation was engag'd in a burdensome and doubtful war , by which the kingdom had already greatly suffer'd , and of which it grew every day more sensible . that therefore the people on whose good affection the government so much depended , should not be provok'd by fresh superadded grievances , greater than any they had yet felt , as those would certainly be , that must arise from calling in our coin. that if this was done , however things might be manag'd and accommodated at home , it was impossible to maintain either our foreign commerce , or our foreign war ; for neither the merchant could be paid his bills of exchange , nor the soldier receive his subsistence . that this therefore was to lay the axe to the root , and to dig up the foundations of the government . that if this design was prosecuted , trade must stand still for want of mutual payments , whence such great disorders and confusion would certainly follow , as would discourage and dishearten the people in the highest measure , if not drive them to a perfect despair . that therefore the recoining our mony at this time , was by no means to be attempted without hazarding all . 't was alledg'd by those of the contrary opinion , that the mischief would be fatal , if a present remedy was not found out and apply'd . that by reason of the ill state of our coin , the change abroad was infinitely to our prejudice . that the supplys that were rais'd to maintain our army would never attain their end , being so much diminish'd and devour'd by the unequal change and exorbitant premiums before they reach'd the camp. that this was the unhappy cause that our guineas were mounted to thirty shillings , that therefore to our great loss , all europe sent that commodity to this profitable market ; and would continue to do so , till we should be impoverish'd and undone by our plenty of gold. that we must exchange for their gold , our goods or our silver , till at last we should have only guineas to trade withall ; which no body could think our neighbours would be so kind to receive back at the value they were at here . that therefore this disease would every day take deeper root , infect the very vitals of the nation ; and if not remedy'd , would soon become deplorable . that our enemys would sooner be induc'd to agree to honorable terms of peace , in case they saw us able to surmount this difficulty by the retrieving the ill state of our coin , on which their hopes of our speedy ruin so much depended . that it would justly create a mighty esteem abroad of the greatness and wisdom of the parliament of england , which was able to conquer such an obstinate and almost insuperable evil in such a juncture of affairs . that our enemys must be mightily intimidated by so great an action ; and that it would be natural for them to conclude , that nothing would be impossible for a people , who were able to disengage themselves from such an intricate mischief , and get above difficultys that were look'd on as invincible . this matter being fully debated , after all their deliberations , the parliament resolv'd to call in and recoin our mony , looking on it as an essential and capital point that requir'd , as certainly it did , their immediate application , and utmost care. they resolv'd to do it at any rate ; and to use all imaginable endeavours to make it as easy to the people as it was possible for such a remedy to be . they chose rather to run the hazard of some great inconveniencys , by attempting the cure , than by their longer neglect of it , to expose the kingdom to apparent ruin. this step being made , the next was to consider whether the several denominations of our new mony should have the same weight and fineness as the old , or whether the establish'd standard should be rais'd ; and this question produc'd many debates . those who were for raising the standard argu'd thus : that the standard of our coin'd silver ought to bear proportion to silver in bullion . that the price of an ounce of silver bullion was advanc'd to six shillings and three pence ; and therefore the standard ought to be rais'd to an equality . that the raising our standard would prevent the exportation of our coin , which had been much practis'd to the great prejudice of this kingdom ; that it would prevent its being melted down ; and men would be much encourag'd to bring in their plate and bullion to the mint . those who were for preserving the old standard in our coin , urg'd that the worth of mony was relative , and to be rated by the measure of such goods , labour , and advice , skill or other assistances , as could be purchas'd from another by our parting with it . that the value of mony among people that liv'd under different municipal laws was intrinsick , and consisted in its weight and fineness . that common consent had given it this value for the common conveniency of supplying one anothers wants . that the weight and fineness was the only worth that other nations regarded in our coin , or we in theirs . all mony being between subjects of different governments , of no greater value , excepting the workmanship , than so many pieces of uncoin'd bullion . that therefore should our standard be alter'd , we should still be upon the same foot with our neighbours ; for if we were to pay them for their goods , or exchange our mony with theirs , whatever denomination we gave our mony , they would in their change ever reduce it to an equality with theirs , and proportion the quantity and goodness of their commoditys to the weight and fineness of the mony they were to receive for them . that therefore in respect of our foreign commerce , there was no reason to alter our standard . and at home they said , that if the standard was rais'd , great confusions would attend it , the landlord would be defrauded of a great part of his rents , and the creditor of his debts . that the seaman and the soldier would be wrong'd in their pay , &c. and many the like injurys and inconveniencys would happen : that it was no answer to say , they might buy as much goods and conveniencys of life with this coin rais'd above its standard , as they could before ; because by degrees , the seller would infallibly raise the price of his goods in proportion to the new rais'd standard ; and that of this there was an instance before them , all commoditys being greatly rais'd in their price , while guineas were paid for thirty shillings . that whereas it was alledg'd that the price of bullion was risen to six shillings and three pence , and therefore the standard of our silver coin ought to be rais'd likewise : it was reply'd , that it was a thing impossible that the price of silver could ever rise and fall in respect of it self ; that it was an unchangeable truth , than which no mathematical demonstration could be clearer , that one ounce of silver would be ever worth another ounce of the same fineness , and no more , allowing some inconsiderable disparity upon the account of the coin , if one ounce be in mony , and the other ounce in bullion . that 't was true indeed , that the people commonly gave six shillings and three pence for an ounce of bullion ; but they gave only clipt pieces , that had no more than the name or sound of shillings and pence , but were by no means the things themselves . that is , they were not the standard shillings of due weight and fineness , and so were no more shillings in the just sense of the word , than an ell is an ell when the third part of it is cut off , or two halfs of a broken yard are each of them a whole one . that the case was so plain , that when they demanded of those that affirm'd an ounce of bullion was worth six shillings and three pence , whether they meant six mill'd shillings and three pence , they knew not what to reply ; for this alteration of the value of bullion was merely in relation to the diminish'd mony. and to make it yet more evident , they urg'd that it was then matter of fact , that with five shillings and two pence of new mill'd mony , they could buy as much bullion as they pleas'd , while those who bought it with clipt pieces paid six shillings and three pence . that whereas it was urg'd that the raising the standard would prevent the exportation of our mony , it was reply'd , that there was no other way possible to keep our mony at home than by out-trading our neighbours ; that is , by sending them more commoditys , or of greater value , than those we receiv'd from them ; for if so be upon the ballance of trade we were found in their debt , there was no way left but to pay it in coin or bullion ; and that therefore whatever denomination we gave our coin , we must be necessitated to send it abroad , if the commoditys we exported could not pay our debts . that all the other arguments for raising the standard would sink to the ground , in case these two on which the rest were built , had no reasonable foundation . after the debates on this subject , the house came to a resolution , to recoin the mony according to the old standard , both as to weight and fineness . and to make it more easy to the people , they voted a recompence for the deficiency of the clipt mony. when the parliament undertook this sowr and knotty piece of work , they were not insensible of the inconveniencys that would arise from it ; the principal of which , and the spring of most of the rest , would be a cessation of payments , and thereupon an interruption of commerce for want of the circulation of our mony during its recoining . this trading nation could not live , unless this vital current was constantly maintain'd ; and our gold alone was not sufficient for that purpose . to obviate this evil , which must have been fatal had it not been prevented , was enough to try the skill , and stretch the imagination of the ablest statesmen . 't was plain , england could not subsist unless some expedient was found out to support its trade , till the new mony return'd from the mint ; and to hit of such an expedient , was indeed a very difficult task . they therefore agreed to call in the mony by degrees ; that while some denominations of coin were suppress'd , others might be current , hoping that before the last old mony should come in to be recoin'd , so much of the new might circulate from the mint , as might sufficiently answer the necessitys of the nation . but this expectation was partly defeated by the backwardness of the people to receive any old mony , tho' allow'd at present to pass , apprehended at last it should be left upon their hands at a great loss , partly from the slowness of recoining in respect of the peoples wants , tho' otherwise dispatcht with all the expedition imaginable in so great an affair , and partly by reason of the unequal intrinsick value between the new mill'd mony and those pieces or denominations of the old which were allow'd to be current , and in which payments were usually made ; for while the hammer'd mony , and pieces not clipt within the ring , were permitted to pass for the present necessity of trade , no body was willing to make payments in new mony , which so much exceeded the old in its intrinsick worth. and therefore the new silver mony as fast as it issued from the mints and the exchequer , was in a great measure stopt in the hands of the first receivers ; for none were dispos'd to make payments in the new silver coin at the old standard , when they could do it in clipt pieces so much below it . and those who had no payments to make , kept their new mony as medals and raritys in their chests ; and there is too much reason to believe , that at first a great deal of the new mony by help of the melting pot , went abroad in ingots to purchase gold , which at that juncture was a very profitable commodity in england . and tho' the parliament lower'd the value of guineas , as shall be afterwards mention'd , hoping by that means to bring out the new mony into circulation , yet by the artifice and managery of some men , the people were made to believe that the value of guineas would be rais'd at the next session , upon which abundance of men that had great sums of guineas in their chests , kept them close there , in expectation of their being rais'd in value when the parliament should come next together . by this means tho' the circulation of the new mony was a little promoted , yet that of guineas , by which we then chiefly subsisted , was quite obstructed this golden coin , which was before incredibly frequent vanish'd on a suddain ; and the new silver mony too , the value of which the people were likewise perswaded to believe , would be advanc'd the next session , was for that reason in a great measure hoarded up , to the great damage of our commerce ; for by this means the nation was reduc'd to very great straits , especially in their payments of foreign bills . the parliament about this time took into consideration the lowering the value of guineas , to which the people had rais'd them . the reasons against sinking their value were , that the people were easy and pleas'd with it , and it would raise great disturbance and clamour in the nation , to fix them at a lower price . that abundance of people would be losers in whose hands the guineas should be at last found . that the farmer and common tradesman , who now all abounded with guineas which they receiv'd at thirty shillings , would not bear such a loss . that therefore it ought to be consider'd , how far it was fit to incense the common people in this juncture of affairs , who had already suffer'd so much by the war. those who were for reducing the price of guineas , argu'd , that there was as great reason to bring down guineas , as there was to recoin the silver mony at the old standard ; and here they reckon'd up the mischiefs mention'd before on that head : that however , the parliament were oblig'd to manage by the necessity of affairs , and to suffer for a time the guineas to pass at that excessive rate , that in some measure there might be a currency of mony , while the mints were employ'd in new coining the silver ; yet now they were oblig'd to sink the price nearer the old standard , that the silver mony might not be stopt and hoarded up as fast as issued out from the mints . and whatever losses and inconveniencys the people might suffer by the reducing of guineas , yet the mischiefs that arose , and would dayly increase from not doing it , did infinitely over-balance those on the other side . upon this the house resolv'd to lower the price of guineas ; and that they might do it with less grievance and disquiet to the people , they chose to sink them by degrees , till at last they reduc'd them to the state they are now in , that is , that they should not pass in payments for above twenty two shillings ; that by this means guineas being brought near to an equality with our new silver mony , the circulation of the last might not be obstructed ; and the event answer'd the expectation . but notwithstanding all the care which the parliament us'd to provide against the mischiefs they foresaw were likely to follow , yet many great inconveniencys were unavoidable : and , one evil arose during recoining the mony ; that is , a general loss of credit , which indeed shook the state ; but this likewise was cur'd by a most seasonable and wise remedy , which the parliament apply'd in their second session . so that at last this great undertaking of the highest difficulty , yet of absolute necessity , was happily acomplish'd . in this affair the parliament shew'd such wisdom , such care of the publick , such unbroken courage and resolution in undertaking and carrying on a business of this importance , and encomber'd with so many and such great obstructions , that no patriots ever merited more of their country , none having ever rescu'd it form greater , and more apparent danger . by restoring our coin , they restor'd health and strength to a nation under the worst symptoms in the world. they restor'd the honour of the english , confirm'd the shaking government , and laid the foundation of that honourable peace , which after ensued , and which we now enjoy . and those worthy gentlemen who made the greatest figure in this parliament , and had the chief direction of this particular affair , must be allow'd to have shown a great capacity and a mastery judgment , as well as a just regard to the good of the people , and therefore no votes in their favour , no praises and thanks from their country , can be thought too much for those who have so well deserv'd them . no part of the roman history gives a man a greater image of that noble people , than that which relates the presence of mind , the unshaken constancy , and the wise conduct which the senate show'd after the loss of the battel of cannae , to be uncapable of desponding even in extremity of affairs , to wind themselves out of such intricate and pinching straits , and at last to weather difficulties which seem'd insuperable , this can't but create a great opinion of their wisdom and resolution . some of his majesties implacable enemys finding themselves disappointed the last year in flanders , and being impatient to wait the event of another campaign , betook themselves to the most wicked and most dishonourable means of accomplishing their designs . upon the twenty fourth of february , the king came to the house of lords , sent for the commons , and having pass'd what acts lay ready for the royal assent , in a gracious speech he acquainted both houses , that he had receiv'd several concurring informations of a design to assassinate him ; and that at the same time the enemy was very forward in his preparations for an invasion of this kingdom . that he had given orders about the fleet , and sent for such a number of troops as might secure the kingdom from any attempt ; that some of the conspirators against his person were in custody , and that care was taken for apprehending the rest . 't is not necessary to give a long relation of this conspiracy , a short account is thus . several of the late kings adherents not without the consent , encouragement and direction of the late king and his ministers , had form'd a hellish conspiracy against the life of his majesty . the conduct and execution of this horrid villany was comitted to sir george barclay , who had formerly been a general officer , and was then in france an officer in the late king's guards . this gentleman ruffian undertakes the barbarous business ; and for the accomplishing of it , departs from st. germains about the tenth day of december for england , where he arriv'd about the beginning of ianuary . before him , with him , or after him , about twenty more of the late king's guards , who were embark'd in the same bloody design , and who had all instructions to obey the orders of sir george ▪ came into england , where in a short time they engag'd about as many more in the conspiracy . several consultations were held , and several ways were propos'd , where , and how to assassinate the king's person , and at last it was agreed that they should execute their design on a saturday as his majesty return'd from richmond , whither he us'd to go on that day , to take the diversion of hunting . the place agreed on was the lane between turnham-green , and brentford , thro' which the king was to pass after his landing at que-ferry , and to avoid suspicion they were to go out of town in small numbers to the inns in turnham-green , there to stay , till they had notice that his majesties guards appear'd , and then they were to mount , and in a body to march to the lane , where some were to attack the king's person , and the rest in the mean time were to engage the guards . the day for executing this horrid deed was at hand , when mr. pendergrass who had been newly made acquainted with the design , and seem'd to consent to it , tho' indeed he only comply'd with it , till he could gain the fittest opportunity to discover it , went to my lord portland , and disclos'd to him this important secret. by whose means his majesty's life was preserv'd from the violence of the conspirators , and that fatal stroke most happily prevented ; which must have been attended with all the terrible calamitys , that fear it self is able to represent . both houses of parliament were greatly alarm'd at the news of this barbarous conspiracy , and being satisfi'd that the welfare of the kingdom entirely depended on the safety of the king's person , they joyn'd in an address to his majesty full of loyalty and the warmest affection ; wherein they congratulated the happy deliverance of his royal person , gave him thanks for imparting to them the horrid design of assassinating his majesty by papists , and other disaffected persons , and of the intended invasion from france . humbly desir'd his majesty to take more then ordinary care of his person at this time , assur'd him that they would stand by , assist and defend his majesty with their lives and fortunes against all his enemys , and that in case he should come to any violent death ( which they beg'd god to prevent ) they would revenge the same upon all his majesty's enemys and their adherents ; told his majesty they would give all possible dispatch to publick business , and desir'd him to seize and secure all persons , horses and arms , that he might think fit to apprehend . on this occasion the house of commons for the security of his majesty's person , enter'd into an association in these words . whereas there has been a horrid and detestable conspiracy form'd and carry'd on by the papists , and other wicked and traiterous persons , for assassinating his majesty's royal person , in order to encourage an invasion from france , to subvert our religion , laws and libertys , we whose names are hereunto subscrib'd , do heartily , sincerely , and solemnly profess , testify and declare , that his present majesty king william , is rightful and lawful king of these realms , and we do mutually promise and engage to stand by and assist each other to the utmost of our power , in the support and defence of his majestys most scacred person and government , against the late king james and all his adherents ; and in case his majesty come to a violent or untimely death ( which god forbid ) we do hereby farther , freely and unanimously oblige our selves to unite , associate and stand by each other , in revenging the same upon his enemys and their adherents , and in supporting and defending the succession of the crown , according to an act made in the first year of king william and queen mary : intituled , an act declaring the rights and libertys of the subject , and setling the succession of the crown . they order'd at the same time a bill to be brought in , that when it should please god to afflict these realms by the death of his present majesty , the parliament then in being should not be dissolv'd thereby , till the next heir of the crown , according to the late act of setlement should dissolve it . and if there is no parliament then in being , the last preceding parliament shall immediately convene and sit ; and it was done accordingly . by this wise act , as the parliament provided against that confusion and disorder that might happen by the cessation of parliaments , and all commissions on his majesty's decease , so nothing could have been imagin'd more effectual for the security of the king 's unvaluable life , against the implacable malice and violence of his enemys ; seeing by this means all hopes of escape and impunity were cut off , in case they should succeed in ▪ their hellish attempt . they likewise address'd his majesty to issue out his royal proclamation , to banish all papists from the citys of london and westminster , and ten miles from the same , according to the laws made for that purpose ; and likewise , that he would please to give instructions to the judges going the circuits , to put the laws in execution against papists and non-jurors . by these proceedings and prudent provisions for the king's safety , the parliament equally express'd their unshaken loyalty to his majesty , and their tender care and vigilance for the happiness of the people ; it being as clear as noon-day , that had not his majesty by the gracious providence of heaven , been deliver'd from this hellish design , the greatest calamitys and desolation must have overwhelm'd the kingdom , that ever befel a miserable people : and 't is very observable , and must be taken notice of , for the honour of this parliament , that amidst all their zeal for securing his majesty's life , on which all our happiness depended , they express'd that lenity and memorable regard to the libertys of the people , that they pass'd no new and extraordinary law for the conviction of the conspirators , as men in such amazing dangers might have been provoked to do for the preservation of the government ; but they mercifully left them to stand or fall by the known laws which were then in being . and 't is very remarkable , that charnock who was the first person try'd for this conspiracy ▪ was the first too that had the benefit of the law that was beformention'd , to be made this very session to regulate tryals in cases of treason . there is but one single instance that seems to contradict the universal extent of this observation ; and that is the case of sir iohn fenwick , which happen'd in the second session of this parliament ; yet neither in that case was any new law made for the trial of the criminal by the judges in inferiour courts : but the parliament thought fit to make use of the legislative authority , and to proceed aginst him by bill of attainder , which no body question'd their power to do . that government would be defective in its constitution , and uncapable of defending it self , that had not a power lodg'd in it to reach a criminal in an extraordinary case , by an extraordinary manner . neither could the legislative power be look'd on as under the same restraints , limitations and forms of proceeding , which the judges who are entrusted only with the executive part of the law , are oblig'd to observe in the ordinary courts of justice . the questions therefore in this case , seem'd to be only these two , whether the parliament had sufficient convincing grounds to believe the prisoner guilty of the treason he stood accus'd ; and in the second place , whether this was a case of that extraordinary nature , and that importance , as required this uncommon way of proceeding by bill of attainder . as to the first question , all the world as well as the parliament , thought there was sufficient reason to believe the prisoner guilty . but whether the evidence was in all forms and limitations such as the law required for convicting the prisoner before the judges in inferiour courts , was out of the question , the parliament as was said before , being not ty'd up in their legislative capacity to the rules and restraints by which the inferiour courts were oblig'd to act. and as to the second question , seeing the prisoner had so notoriously prevaricated with the government , seeing there was such a vehement presumption that one of the evidences was drawn off , and absented himself by the management of the prisoner's friends , to elude the law in the common course of it ; and seeing the crime wherewith he was charg'd , was of no lower nature than the dethroning of his majesty and the subversion of the government , the parliament believ'd it a case so extraordinary and of such consequence , as sufficiently warranted this uncommon , tho' not unexampled way of proceeding . these were the chief transactions of this parliament in their first session , those of the second come now to be related . the great deficiencys of the funds settled by parliament for the service of the year ninety six , and particularly the unhappy project of the land-bank proving wholly abortive , and not producing one penny , of above two millions and a half , with which it was charg'd , were likely to have prov'd fatal to our affairs the following summer . this disappointment involv'd the king in so many great difficulties abroad , as well as at home , that no clearer demonstration could be given of his majesty's wise conduct , or of the fidelity and affection of his army , than his finishing this campaign with so little disadvantage . his majestys more discerning friends could not but tremble , to think on the hard circumstances our army was in ; and how dangerous the issue was like to prove ; while the enemys of the government were all overjoy'd at the hopeful prospect of our suddain ruin. but to their great mortification his majesty , whose spirit was never broken by the greatest difficulty ; who never wanted presence of mind in the most surprizing and pinching exigencys , by the assistance of divine providence weather'd this storm ; and having put his army into quarters , return'd in safety to meet his parliament . the parliament came together the twentieth day of october , and after they had in a loyal and most affectionate address assur'd his majesty , that tho they had born so many years the great burden of the present war , yet they were most stedfastly resolv'd never to desert his interests , or be wanting to their country , till by his majesty's arms they should obtain a safe and honourable peace . they enter'd with great alacrity upon the business that lay before them , which indeed was very great . the principal evil which this parliament had to remove , was the loss of publick credit . for the tallys struck on funds setled by parliament , especially such as were remote , were exchang'd for ready mony at a mighty loss ; and the government was oblig'd to make excessive discounts and allowances , to bring treasure into the exchequer . this great and almost fatal loss of credit , arose chiefly from two springs , the deficiencvs of parliamentary funds , and the recoining our silver . the first made trust and confidence , as the last made mony to be very scarce . this loss of credit was so great , that unless it were restor'd , it was not possible for the government to continue much longer ; the notes of the bank of england which had been a mighty help to the publick , were discounted at twenty , tallys at forty , fifty , or sixty per cent. the government had contracted a mighty debt ; and some funds were wholly taken away , and the rest prov'd deficient ; great numbers of tallys had no fund at all , and the rest were on funds very remote . hereby the trust and good opinion of the people was so far lost , that those few who had any mony to lend , shew'd the greatest backwardness imaginable to advance it for the publick service ; and therefore all loans to the government , as was said before , were procur'd on most immoderate premiums , and exorbitant discounts . this decay of publick credit created the greatest confusion and disorder in the world ; our affairs seem'd reduc'd to extremity , and the government was look'd on to be at a stand . all men were at a gaze , and stood wondering what the parliament would do ; what measures they would take in such perplexing difficultys , scarce believing that the wit of man was able to find out any remedy , or propose any expedient that could be effectual in removing so great a mischief . those who were for galling and streightning the government ; had now the wicked satisfaction of seeing it sufficiently distress'd ; it not being possible that our affairs could be more embarass'd than they were in this conjuncture . to revive publick credit was therefore a thing of the last necessity for the preservation of the government ; but as the wisest men without door were at their wits end how to accomplish it , so the malecontents were certain that this evil was never to be cur'd ; and therefore look'd upon the government as near its end ; gave it up as desperate ; and triumph'd in the expectation of a suddain revolution . but this great parliament being fully sensible that the restoration of our credit was a point of capital importance , instead of being discourag'd by the difficulty of effecting it , they were rather animated to undertake the work with greater zeal and application ; as if they look'd on nothing which was necessary to be impossible ; and resolv'd at any rate to find out means to preserve their country , and to break thro' all opposition how great soever it should appear , to confirm and secure our happy establishment . the parliament was very sensible , that one great spring of this mischief was that mentioned before , the deficiencys of several aids and dutys which neither had been , nor ever would be sufficient to answer the principal and interest charg'd upon ' em . that these deficiencys , and the remoteness of the course of payment of the tallys , were the true reasons why the owners of such tallys were frequently necessitated for the procuring of ready mony , to dispose of and exchange them at a great loss . by which means the publick credit was extreamly weaken'd , our commerce interrupted , and other publick and private affairs exceedingly perplex'd . the parliament therefore took this great affair into their serious consideration , and in order to the cure of this grievous wound , which began to ulcerate and eat into the very heart of the government , they resolv'd to search it and lay it open to the bottom . this they did by ordering an estimate or computation to be laid before them of what summs were , or would be wanting to satisfy and discharge all principal and interest due , or to become due on the several aids , dutys or funds , over and above all arrears standing out upon them which were determin'd , and over and above all monys to be rais'd by such as were then unexpir'd ; and the computation of all the particular summs that were wanting to make good all the deficient funds being made , the whole amounted to five millions one hundred and sixty thousand four hundred pounds , &c. the parliament now having got to the bottom of the disease , resolv'd on a through cure , by making provision for the payment of the whole debt . they were perfectly convinc'd that to cure a part , was no way to cure the disease , and restore strength to the whole . had some deficiencys been taken care of and others neglected , publick credit must have continued lame ; and the government must still have halted , if it had not fall'n to the ground . that therefore the remedy might be adequate and commensurate to the evil , the parliament found out a general fund which might secure the payment of the whole five millions , &c. that so there should remain no tally without a fund , nor any tally on a deficient fund , but what in its course of payment should be satisfy'd and discharg'd . for this end they continued divers taxes and dutys after the day on which they would otherwise have expir'd to the first day of august seventeen hundred and six , and appointed all the monys which should arise and be brought into his majesty's exchequer from any of these taxes or dutys from the day on which they were otherwise to expire , to the said first day of august one thousand seven hundred and six , to be the general fund for making good all the deficient ones , by the satisfaction and payment of the principal and interest due , or to become due thereupon . and that all occasion of complaint might be remov'd , and equal provision might be made for all , the parliament directed that all monys arising from the dutys so as before continued and appropriated for a general fund , should be distributed and apply'd to pay principal and interests upon every one of the deficient funds , in just proportion to the summ of which they were deficient . and that all the mony which should be in such a due proportion distributed or plac'd to the account of each deficient tax and fund for the discharge of principal and interest , should be issu'd or paid out to all who were entitled to receive the same , in such course and order as if the same were monys really arising by the respective and deficient funds , and that without being diverted , misapply'd or postpon'd ; and the officers of his majesty's treasury were to incur great penaltys in case this method or order were not observ'd . and to remove all doubts about the security intended to be given , in case on the first of august seventeen hundred and six , or within three months then next ensuing , the whole produce of the several funds and revenues appropriated for a general fund , together with other grants then in being , should not be sufficient to discharge the sum of five millions , &c. intended to be discharg'd , that then what was deficient should be made good out of such aids or revenues as should be granted in the next session of parliament . thus the parliament found out a security sufficient to discharge this great debt that lay so heavy on the nation , which was not only a stroke of admirable wisdom , but likewise such a noble act of publick justice , as perhaps can't be equal'd in the story of any nation . mony at that time not in being , and therefore not to be had ; and a sufficient security was all that could be demanded or expected ; and this was very happily provided for , wherein a due regard was had to the particular interest of every man concern'd . and for as much as all the branches of publick credit did plainly depend on , and mutually support one another , the parliament took into consideration , by what means they might restore the credit of the bank of england which was then at a low ebb. in order to this the parliament agreed , to augment and enlarge the common capital stock of the bank of england by admitting new subscriptions , which new subscriptions should be made good in tallys and bank notes . the proportion was four fifths of the first and one fifth of the last , and an interest of eight per cent. was allow'd , as well for all such tallys as should be brought in to enlarge their stock by new subscriptions , as for those tallys which the company was then possess'd of , provided they did not exceed the value of those bank notes which should be paid in upon this enlargement of their stock ; and for securing the payment of this interest of eight per cent , the additional duty on salt was granted and appropriated . the time likewise of the continuance of the bank of england they thought fit to extend to the year seventeen hundred and ten ; and upon this encouragement a million was subscribed and paid in tallys and bank notes , as the parliament had directed . this expedient was projected with all the prudence imaginable ; and tho' many persons who were interested in it , could not presently apprehend the reasonableness of it , yet the advantages they have since receiv'd , have fully convinc'd them that no other way could have been found out to have retriev'd their sinking credit . for the value of two hundred thousand pounds in bank notes being sunk by the new subscriptions , the rest as it was reasonable to believe they would , began presently to rise in worth ; and so likewise did the tallys , after so many as amounted to eight hundred thousand pounds were paid in to augment the bank. and the owners of the rest have a great deal of reason to wish that they had sunk the remainder also the same way ; for had that been done , this great work had been accomplish'd at one happy stroke . the whole five millions had in a moment been taken off from the government , and thereby a disease that was judg'd incurable had been entirely remov'd by a single application . for upon this , the credit of the bank began to recover apace , till in a short time their notes were all equal with , and their bills that bore interest , better than mony. by this means the face of affairs was in a short time much chang'd for the better , credit began to revive , mony to circulate on more moderate terms . foreign exchange was less to our disadvantage , and soon after at an equality . the people began to think better of our condition , and were more convinc'd of the wisdom of our administration , and of the care that was taken of 'em ; and whatever hardships they had undergone by reason of a long war and the recoining our mony , which could not but occasion many complaints , yet the greatest part attributed this to the necessity of our affairs , and began to hope , that by the care and wisdom of the government they should enjoy more favourable times . besides this of the great loss of credit , another evil of no less difficulty or importance remain'd still to be remov'd , and that was the great scarcity of mony . the porliament to prevent disappointments by setling funds which might be deficient came to a resolution , that the supplys for the service of the year following , should be rais'd within the year ; and they voted those supplys in proportion to the estimates laid before them . but this resolution of parliament seem'd a thing quite impracticable . how could five millions be rais'd within the year , while the silver mony was call'd in and recoining , and there was not current coin enough in the nation to answer the occasions of trade , and scarcely the conveniencys and necessitys of life ? the enemys of the government made themselves merry with this vote of parliament , and instead of being the occasion of their anger 't was the common subject of their raillery , and the entertainment of their pleasant humour . and many even of the best friends of the government , imagin'd that the parliament by this , rather express'd their zeal and willingness , than their ability to support the state. they had no way to satisfy themselves in this point , but by relying upon the wisdom and great capacity of the parliament , for whom they believ'd nothing was too hard , and who they hoped would conquer this difficulty because they had master'd so many others before ; which were look'd on as no less invincible . neither were their hopes in this matter disappointed , for the parliament had recourse to an admirable expedient in this pressing exigency , and found out a way of raising mony , in a juncture when no mony was to be had . other parliaments have been able to raise great sums of mony when the defence of their country requir'd it , but it was the particular honour of this , to have been able to make it . they created mony without bullion , and distributed great quantity of coin without help of the mint . this they did by authorising the lords of his majesty's treasury to issue out bills from the exchequer to the value first and last , of above two millions ; which bills were first appointed to be brought in and sunk upon the duty commonly call'd the capitation tax ; but before the session ended the parliament was convinc'd by the first collection of that duty , that it would prove very deficient ; and therefore they appointed the exchequer bills to be brought in on any other of the king's dutys or revenues , excepting the land tax ; and allow'd an interest of seven pound twelve shillings per annum upon the said bills , which at first was not given . the parliament by this laid a good foundation for paper mony to supply the place of our silver coin , which was call'd in to be new made ; for so many payments were at this time to be made into the exchequer , that when the people had assurance given them that the exchequer notes should be receiv'd back again in payment for the king's dutys , they were very well satisfy'd to take them , at first indeed at a small discount , but not long after at an equality . a great number of these notes were only for five or ten pounds , which answer'd the necessitys of commerce among the meaner people , for the common conveniencys of life . and that those who had advanc'd mony in loans on any part of his majesty's revenue , might not be oblig'd to receive it back in notes that were under the value of mony , to strengthen the reputation of these bills , the parliament authoriz'd the lords of the treasury to contract with any corporations or numbers of private men , and to allow them a competent premium , provided they oblig'd themselves to exchange these notes for ready mony when tender'd to them for that purpose ; which the lords of the treasury did accordingly . by this means the credit of the aforesaid notes was mightily secur'd , and dayly arose nearer to par ; till as at this time , they exceeded the value of mony ; and whereas the trustees contracted with to exchange them for mony , were before as a premium allow'd ten per cent. they have been since contented to do it for four. by this means trade and commerce were maintain'd ; and without silver we had an artificial treasure circulating thro' the kingdom , which so well answer'd the design of the wise projectors , that by the confession of those very men who at first inveigh'd sharply against it , it prov'd an effectual , tho' a paper , prop to support the state , when its silver pillars were for a time remov'd . we were sailing in bad weather , and our main mast was brought by the board ; and 't is very plain , that unless this jury-masts of exchequer notes had been presently made and set up in this stress of affairs , we must unavoidably have sunk and perish'd . these bills past in payments as so many counters , which the people were satisfy'd to receive , because they knew the exchequer would receive them again as so much ready mony. these state-counters so well supply'd the place of mony till new coin was issued from the mint , that trade was preserv'd , and mutual payments well enough made to answer the necessitys of the goverment , and the people ; and by this means the parliament had the honour to accomplish another work that was judg'd impossible . the parliament likewise this session , to the great satisfaction of the people , took care to remedy a publick grievance of long standing . several places in and about the city of london , which in times of the romish superstition were allow'd as sanctuarys to criminals and debtors , had ever since the reformation pretended a privilege to protect the last ; and one of these was a notorious nest of broken and desperate men , in the very heart of his majesty's capitol city , whither they resorted in great numbers , and to the dishonour of the government and grievance of the people ; defended themselves with force and violence against the law and publick authority . the parliament took care to redress this inveterate mischief ; and what was long expected from others , was effected by this , in an act intituled , for the more effectual relief of creditors in cases of escapes , and for preventing abuses in prisons , and pretended privileged places . wherein such effectual provision was made to reduce these garisons of out-laws , that immediately after the act was publish'd , they abandon'd their posts , and deserted in such numbers , that their old haunts became a desolation , and lay open to receive better inhabitants . the summer after this session of parliament , his majesty being at the head of his army in flanders , his enemys even after they had open'd the campaign with the taking of aeth , thought fit to enter upon a negotiation of peace , which was begun and carry'd on at ryswick by the plenipotentiarys of all the princes and states concern'd , and thro' the good disposition of the principal partys to so great a work , the treaty was concluded , and a peace ratify'd the autumn following ; to the accomplishing of which , his majesty's presence in flanders mightily contributed . the management of this famous negotiation , and the favourable terms on which it were concluded , were no less to the peoples satisfaction , than to his majesty's glory . for the malecontents never believ'd that it was possible for the king to make peace upon any , much less upon terms so very honourable ; and therefore they look'd on this transaction at ryswick , as a pure amusement either to break the confederacy , or to cover some notable design which was not yet ripe for execution . and when at last they saw the treaty far advanc'd , they began indeed to believe that a peace might be concluded with the rest of the allys , but they were certain england would never be included : for they judg'd this so incredible a story , that they scarcely believ'd it when the peace was publickly and solemnly proclaim'd . this important work being thus happily effected , his majesty return'd to england ; where the people every where receiv'd him , as they had the greatest reason in the world to do , with all the applause and demonstration of joy that can be imagin'd . he met his parliament the third day of december . the war being ended , the house of commons for the ease of the people , voted the army to be disbanded , and resolv'd to raise a supply sufficient to pay off the troops . but at the same time when they took off so great a part of the burden from the country , out of a due regard to our future safety , they pass'd a vote to enable his majesty to keep such a number of troops on foot , and to maintain such naval force , as in their opinion the security of the government and the publick tranquility requir'd . when the house had voted a supply for the disbanding the greatest part of the army , they took into consideration the services of the officers and common men , who had amidst so many hardships , dangers and disappointments in nine successive campaigns , shewn so much bravery and fidelity in the defence of their country , as recover'd the declining reputation of the english valour , and preserv'd the kingdom from the terrible assaults of the most potent empire that perhaps was ever erected in the world. it was thought hard that such gallant men , to whom the kingdom ow'd so much , should be discharg'd without any provision made for them , the house of commons therefore pass'd a vote in their favour , that the officers should be continued in half pay till they should otherwise be provided for ; and that the common centinels should have a donative at their disbanding ; and for their further encouragement , should be free to set up and exercise their trades in any town or corporation throughout the country . this being done , the parliament took into consideration two great branches of our foreign trade , which had long wanted a due regulation ; and they enter'd first upon that of the company trading to africa ; and in consideration of the necessity of keeping up forts and castles for the defence of our factorys on the coast of guinea , there being no regular government among those barbarous people on whose protection they might safely rely , the parliament thought it necessary to establish the african company for the better carrying our commerce to those parts . yet the free traders or interlopers , were likewise permitted to trade to the same coasts , provided they paid to the establish'd company ten per cent. of the value of goods exported , towards the maintenance of the forts and settlements . next they enter'd on the business of the east india trade , which had been depending many years , and was look'd on as so nice and difficult that it had been referr'd to the king and his council , and back again by them to the parliament . this affair being brought into the house of commons , and the old company having offer'd to advance seven hundred thousand pounds at four per cent. for the service of the government in case the trade to india might be setled on them exclusive of all others , the house seem'd inclin'd to embrace their proposal , when a number of eminent merchants propos'd to the house to raise two millions at eight per cent. on condition the trade to india might be setled on the subscribers exclusive of all others . they propos'd that these subscribers should not be oblig'd to trade in a joynt stock , but if any members of them should afterwards desire to be incorporated , a charter should be granted to them for that purpose . the house judg'd this overture not only to be more advantageous to the government , but likewise more likely to settle this controverted trade on a better foundation than it was on before ; a bill therefore was brought into the house , for setling the trade to the east indies on those who should subscribe the two millions , according to the limitations beforemention'd . but so great a regard was had to the members of the old company , that till they had refus'd and rejected the offer made them of setling this trade upon them , if they would accept it on the same terms and limitations on which the others were contented to take it , and which the parliament judg'd most advantageous for the kingdom , the bill did pass in favour of the new adventures . the bill being pass'd , and the books laid open to take subscriptions , the whole two millions were subscrib'd in less time than four days , the people shew'd so much zeal to assist the government , and promote the trade of the nation , that 't is very probable a million more had been subscrib'd , had not the books been shut up before the distant corporations , and private men in remote countys , could remit their commissions for the great sums they intended to subscribe . the dispatch of so great a work in so short a time , after the nation had born so chargeable a war for so many years , surpriz'd and amaz'd all the world. and as it greatly mortify'd all those who were joyfully assur'd that his majesty would be disappointed of this supply , so it gave our neighbouring nations an astonishing image both of the opulence of the people , and the strength of the government . this transaction view'd in all its circumstances , is in deed so very strange and wonderful , that 't will be a hard matter for posterity to believe it . how will they be able to perswade themselves , that a nation whose wealth might with great reason be suppos'd to be exhausted after they had contended so many years with such a mighty enemy , should be capable of furnishing such a vast supply in four days ? yet this wise parliament had so much skill in touching the springs of the peoples affection , that notwithstanding all the losses they had suffer'd , and all the expence they had been at , they were prevail'd with to advance this great supply with such incredible expedition . and by this means , the parliament , only by doubling the duty on proceedings at law and that on salt , rais'd a supply of two millions ; which to have done by any other ways , was at that time a matter of the highest difficulty . the parliament likewise this session , apply'd themselves with great diligence to discover such offenders , who by fraudulent and surreptitious ways had carry'd on a secret commerce with france ; and to the great damage of this kingdom , had brought in for divers years past , great quantitys of alamodes and lutestrings . many of these criminals they detected and punish'd : and to prevent the continuance of this clandestine and most prejudicial trade , and to encourage our own manufacture , they brought in a bill which after past into an act , intitled , an act for the better encouragement of the royal lustring company , and the more effectual preventing the fraudulent importation of lustrings and alamodes . and for as much as many ill men continued to export english wool &c. to foreign parts , to the unspeakable detriment of the nation , notwithstanding the severe laws that were in force against such offenders , the parliament the more effectually to obviate that stubborn mischief for the future , made many prudent provisions , in an act intituled , an act for the explanation and better execution of former acts made against transportation of wool , fullers-earth , and scouring-clay . this session likewise upon complaints made , that the woollen manufacture was carry'd on in ireland , to the great prejudice of that staple trade in england , the parliament took care to stop the progress of that growing evil. they enter'd upon a bill for that purpose , but it terminated at last in an address to the king , that his majesty would be pleas'd to use the most effectual means to discourage his subjects of ireland from prosecuting the woolen , and encourage them to apply themselves to the linnen manufacture in that kingdom , whereby they might carry on a gainful trade to themselves , without interfering with an interest of which his subjects in england were so very tender . these were the principal transactions of these worthy patriots in their three sessions ; and those who seriously reflect on the mighty difficultys which with unexampled resolution they encounter'd , and at last master'd , on the wise and effectual remedys which they apply'd to the sharpest and most obstinate distempers under which any nation ever languish'd , on their constancy and unwearied diligence , either in obviating new dangers , or removing fresh mischiefs that embroil'd their affairs , with what vigour they ply'd the helm , and how steddily they steer'd on very treacherous and boistrous waters , how oft they row'd against wind and tide , and tho' often carry'd back by the violence of the current , or diverted by rapid turns or eddys of state , yet still return'd with invincible courage , stem'd the tide and forc'd their way , till at last in spite of all opposition they gain'd their intended port , those i say , who impartially and seriously make these reflections , can't but entertain a great veneration of their ability and zeal for the publick good. if there be any man that does not yet admire as he ought to do , the greatness of this parliament , let him but consider what an amazing undertaking it was to recoin all the silver mony of the nation when it was ready to sink under the weight of a long expensive war ; which attempt was so hazardous , that the enemy was made to believe it would certainly be fatal to us , and under that confidence was perswaded to continue the war ; as they made peace when that presumption was disappointed . let him consider what a task it was to recover the lost credit of the nation both publick and private , in those low circumstances , to which we were then reduc'd . let him consider how great a work it was to raise , or rather to make mony for the publick service which requir'd extraordinary supplys , when there was very little mony in being ; let him consider this well , and he will take righter measures of the wisdom of this great assembly . these were the work 's of refin'd understanding , of the most extensive capacity and inflexible perseverance ; and these were the works of this parliament . a parliament that had the honour to be hated and revil'd as much as any ever was by the enemys of our government ; which is a convincing proof that they took the best measures in the world for the preservation of it . for had they betray'd it , these gentlemen would have thanked them for it ; had they out of supineness or ignorance run it a ground , our enemys perhaps might have derided their weakness and unskilfulness , but they could never have express'd so much choler and resentment . the slanders therefore and invectives of these men who heartily wish'd the ruin of our establishment , is an honourable and lasting encomium on the proceedings of this assembly . and as the adherents of the late king openly declair'd their anger and enmity against the last parliament , so 't is not to be doubted but that all the friends of the government , that is every true englishman , has , on the other hand , an great affection and reverence for their memory . finis . a declaration and protestation of vvill: prynne and cle: vvalker, esquires, members of the house of commons against the present actings and proceedings of the generall, and generall councell of the army, and their faction now remaining and sitting in the said house. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration and protestation of vvill: prynne and cle: vvalker, esquires, members of the house of commons against the present actings and proceedings of the generall, and generall councell of the army, and their faction now remaining and sitting in the said house. prynne, william, - . walker, clement, - . sheet ([ ] p.) s.n., [london : ] imprint from wing. dated and signed at end: janu. . will: prynne, cle: walker. the generall = thomas fairfax, baron fairfax. reproduction of the original in the british library. eng fairfax, thomas fairfax, -- baron, - -- early works to . prynne, william, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration and protestation of vvill: prynne and cle: vvalker, esquires, members of the house of commons, against the present actings and prynne, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration and protestation of vvill : prynne and cle : vvalker , esquires , members of the house of commons , against the present actings and proceedings of the generall , and generall councell of the army , and their faction now remaining and sitting in the said house . whereas long since , for ease of the people , both houses in a full and free parliament voted the disbanding of this army : in opposition to which , some great officers of the said army , ( to continue their rich commands ) with some members of the house of commons , ( who daily inrich themselves by the troubles of the times ) secretly mutinied the army against the parliament . and whereas , lately the farre major part of the house of commons , pitying the bleeding condition , and teares of the oppressed people , voted , and entred into a personall treaty with the king : without which ( by the armies own confession in their remonstrance at st. albons , pag. . ) there can be no peace ; which the army interrupted by obtruding upon the commons a treasonable remonstrance , novemb. . tending to destroy the king , and his posterity , and wholly to subvert all parliaments , religion , lawes , and liberties for ever ; whereby the commons in parliament found it absolutely necessary to prevent such pernitious innovations , by concluding a safe peace with his majesty ; whereupon ( after mature debate ) the house of commons the decemb. . voted , that the kings answer to the propositions of both houses upon the treaty , were a ground for the houses to proceed to the settlement of a safe and well-grounded peace : upon which , the generall , and councell of warre , wednesday morning december . seized and imprisoned of the members going to the house of commons to do their duty , secluded above other members , besides or members who voluntarily withdrew themselves to avoid their violence ; leaving only their own engaged party of or members sitting , who now passe acts of parliament , of the house of commons ( as they call them ) without the lords ; and comply with the said councell of warre , to carry on their said remonstrance : to which purpose this present remnant of the commons have un-voted in a thinne house , under the force of the army , what was deliberately voted in a full and free house ; whereas by their own ordinance passed upon the tumult of apprentises , august . to null , and make void ab initio , all acts , orders , votes , &c. passed under the said force ; this remaining party ought not to sit , act , nor take upon them the style of a house , under so visible , actuall , and horrid a force . the premisses considered , we , whose names are hereunto subscribed , members of the house of commons , doe declare and protest , that the said generall , commissioned officers , and genenerall councell of the army , by the said act of violence , upon the major part of the house , which legally , and virtually is the whole house , have waged warre , and rebelled against the parliament , their masters , who raised them to defend the priviledges of parliament , and the kings person and authority , in defence of religion , lawes , and liberties , and have thereby forfeited their commissions , and have broken and dis-continued this parliament ; so that , untill this force be removed , punished , the honour of the parl. and their wronged members vindicated , and all the members resummoned , all the votes , orders , and actings , passed , and to be passed by this nominall house of commons , are , and will be void , ab initio , and all such as do , or shall obey them , are and will be punishable , both by the armies own judgment in their remonstrance , august . and by the houses declaration , and the said ordinnnce , august . we doe farther declare , and protest against this present house of commons illegall acts , order , or ordinance , for erecting a high court of justice , and usurping a power , without any law or president , to try , depose , and bring to capitall punishment the king , and to dis-inherit his posterity , or any of them , and against the said generall councell of officers , aiding & abetting them therein , as highly impious against the law of god , nations , & the protestant profession , traitors against the stat. of treasons , ed. . and against all lawes & our statutes , perjurious and perfidious , against the oaths of allegeance , supremacy , nationall covenant , and protestation ; all the parliaments declarations and remonstrances held forth to the world ; their treaties and promises made to the scots , when they delivered the kings person into our hands ; against our promises made to the hollanders , and other nations , and against all the professions , declarations , remonstrances , and proposalls made by this army , when they made their addresses to the king at new-market , hampton court , and other places . janu. . will : prynne , cle : walker . an act for the taking away the court of vvards and liveries. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for the taking away the court of vvards and liveries. england and wales. parliament. sheet ([ ] p.) printed by henry hills and john field, printers to his highness, london : . text in black letter. signed: hen: scobell, clerk of the parliament. reproduction of the original in the british library. eng england and wales. -- court of wards and liveries -- early works to . courts -- england -- early works to . a r (thomason .f. [ ]). civilwar no an act for the taking away the court of vvards and liveries. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for the taking away the court of wards and liveries . whereas the four and twentieth day of february , in the year of our lord , one thousand six hundred forty five , the court of wards and liveries , and all wardships , liveries , primer-seizins , and oustrelemaines , and all other charges incident or arising for , or by reason of wardships , livery , primer-seizin , or oustrelemaine ; and all tenures by homage , and all fines , licences , seisures , and pardons for alienation , and all other charges incident thereunto , was by the lords and commons then assembled in parliament , taken away ; and all tenures by knights service , either of the king or others , or by knights service , or capite , or soccage in capite of the king , were turned into free and common soccage ; for the further establishing and confirming the same , be it declared and enacted by his highness the lord protector , and the parliament , that the court of wards and liveries , and all wardships , liveries , primer-seizins , and oustrelemaines , and all other charges incident and arising , for , or by reason of any such tenures , wardship , livery , primer-seizin , or oustrelemaines , be taken away , from the said four and twentieth day of february , one thousand six hundred forty five : and that all homage , fines , licences , seisures , pardons for alienation , incident or arising , for or by reason of wardship , livery , primer-seizin , or oustrelemaine , and all other charges incident thereunto , be likewise taken away , and is hereby adjudged and declared to be taken away , from the said four and twentieth day of february , one thousand six hundred forty five : and that all tenures in capite , and by knights service of the late king , or any other person , and all tenures by soccage in chief , be taken away ; and all tenures are hereby enacted and declared to be turned into free and common soccage , from the said four and twentieth day of february , one thousand six hundred forty five ; and shall be so construed , adjudged , and declared to be for ever hereafter turned into free and common soccage . nevertheless , it is hereby enacted , that all rents certain and heriots , due to mean lords or other private persons , shall be paid ; and that where any relief , or double ancient yearly rent , upon the death of an ancestor , was in such cases formerly due and payable , a double ancient yearly rent onely in lieu thereof , shall now be paid upon the death of an ancestor , as in free and common soccage ; and that the same shall be recovered by the like remedy in law , as rents and duties in free and common soccage . hen : scobell , clerk of the parliament . london , printed by henry hills and john field , printers to his highness , . a letter sent from the lord willoughby of parham to the speaker of the house of peeres pro tempore, to be communicated to the lords in parliament. willoughby of parham, francis willoughby, baron, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter sent from the lord willoughby of parham to the speaker of the house of peeres pro tempore, to be communicated to the lords in parliament. willoughby of parham, francis willoughby, baron, ?- . sheet ([ ] p.) s.n.], [london : printed in the yeare . place of publication from wing. dated at end: this th of febr. [i.e., ]. annotation on thomason copy: " "; ' ' in imprint date crossed through. reproduction of the original in the british library. eng willoughby of parham, francis willoughby, -- baron, ?- -- correspondence. england and wales. -- parliament. -- house of lords -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a letter sent from the lord willoughby of parham to the speaker of the house of peeres pro tempore, to be communicated to the lords in parli willoughby of parham, francis willoughby, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter sent from the lord willovghby of parham to the speaker of the house of peeres pro tempore , to be communicated to the lords in parljament . my lord , with how much zeale , and how uninteressedly i have served the publike , since the very beginning of this parliament , aswell with the hazard of my person , as the expence of my fortune , is so well knowne to your lordships , the parliament and kingdome , as i need not we are out more time on that subject , knowing my integrity to the principles your lordships went upon , to bee such as i need not make a recitall of my past actions to justifie my proceedings . for i ( who know my selfe best ) know i am still upon the same foundation i ever was ; and as possitively resolved ( by gods assistance ) not to vary from it , what aspersions soever my enemies endeavour to blemish me with , or what successe my constancy to those grounds in the conclusion may meet with . i shall look no further backward to my late restraint under which i continued foure moneths patiently , expecting what could bee proved against mee by them upon whose impeachments i was by your lordships committed ; but finding their delayes very much to exceed the usuall time of proceedings in affaires of this nature ; vpon addresses to your lordships i had my liberty , resolving to make no other use of it then to have retired my selfe to privacy , not being by some thought longer fit for publicke imployment ; but whilst i was in preparation for this my intention , i finde my selfe interrupted by a fresh prosecution of the former impeachment ; and apprehending the restraint which may consequently follow , hath inforced me to use meanes for my liberty , which i desire may admit of an honourable interpretation from your lordships to this th . of febr. . your faithfull servant f. willoughby . printed in the yeare . joco-serio. strange news, of a discourse between two dead giants expressed in an epigram, to one inquisitive for news, and was composed by occasion of a scurrilous pamphlet, entituled, a dialogue between colbrant and brandamore, the two giants in guild-hall london. which pamphlet was not only intended to abuse this author, and some particular persons by name, but the said city also, in the late election of their parliamentary members. thereto is added an antidote against all ill news whatsoever, which proving effectual to many lately reputed phanaticks, may possibly be vertual to some other. jeers will be self-condemned, and stingless if contemned. g. w. wither, george, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) joco-serio. strange news, of a discourse between two dead giants expressed in an epigram, to one inquisitive for news, and was composed by occasion of a scurrilous pamphlet, entituled, a dialogue between colbrant and brandamore, the two giants in guild-hall london. which pamphlet was not only intended to abuse this author, and some particular persons by name, but the said city also, in the late election of their parliamentary members. thereto is added an antidote against all ill news whatsoever, which proving effectual to many lately reputed phanaticks, may possibly be vertual to some other. jeers will be self-condemned, and stingless if contemned. g. w. wither, george, - . [ ], p. [s.n.], london : printed . g. w. = george wither. in verse. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- poetry -- early works to . great britain -- history -- civil war, - -- poetry -- early works to . london (england) -- history -- th century -- poetry -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion joco-serio . strange news , of a discourse between two dead giants , expressed in an epigram , to one inquisitive for news , and was composed by occasion of a scurrilous pamphlet , entituled , a dialogue between colbrant and brandamore , the two giants in guild-hall london . which pamphlet was not only intended to abuse this author , and some particular persons by name , but the said city also , in the late election of their parliamentary members . thereto is added an antidote against all ill news whatsoever , which proving effectual to many lately reputed phanaticks , may possibly be vertual to some other . jeers will be self-condemned , and sting less if contemned . g. w. london , printed . joco-serio . strange news , of a discourse between two dead giants , expressed in an epigram to one inquisitive for news , and was composed by occasion of a scurrilous pamphlet , entituled , a dialogue between colbrant and brandamore , the two giants in guild-hall , london , &c. friend , there is now , no good news to be had , and , i intend to publish none that 's bad ; for , as affairs yet stand , it may be treason to speak the truth , if spoken out of season ; and , though in season spoken , he that speaks it , may suffer by his folly who mistakes it . yet ( now i think upon 't ) a little scrap i met withall this morning , by meer hap , which may be safely told : for nor to state or church , but to my self it doth relate ; and , it hath made me smile , with scorn , to see what heed , great men , begin to take of me . the lord mayor , & some aldermen have known me long time ; yea , men of all degrees do own me with good respect , for whose esteem i care ; and some , who of the best extraction are . but , that 's no news ; or , none , at least , compar'd to that which now shall be to thee declar'd : for , be it known , that , though obscurely born , i am now honor'd with a publick scorn ( divulg'd in print ) as if reputed one who hath deserved to be thought upon among those persons , who are in these times renowned for those vertues , or those crimes which in this age must punishment receive , or honour ; and next age their judgement have , when they , who are no parties in the cause , shall judge men , both by gods & natures laws . mean while , their censures must be undergone who neither know me , nor what i have done : for , they , who never heard of me ; who never did see me , nor shall hear of me for ever , take notice of me , to my wonderment , and , not a little to my good content ; since , peradventure , it may shortly bring my person to be known unto the king , who , if he truly know me would conceive that , usefully to serve him i might live , although traduc'd i am by some of them , who , in another mode , have served him . if thou hast read in legends heretofore of big-bon'd colbrant and great brandamore the giants in gvild-hal ; be pleas'd to know that , in a dialogue betwixt those two my name is mention'd , with as much applause as i could wish , from champions of that cause for which they stand ; and to as good effect as i can possibly from those expect , of whom i never yet much notice took , and , to whom , in my life , i never spoke . these two goliahs ( things , as big almost as he , who once defied israels host , ( and had his cockscomb crackt by little david , because himself so rudely he behaved ) these ascaparts forsooth , i know not how , pretend to be of my acquaintance now ; and , this is such a novelty to me that i have sent the same , as news to thee . for , news it is to me , and strange news too , that buggs with whom i never had to do , should shew themselves , in my affairs as witty as in the great concernments of their city , where they have had a place to them assign'd at publick meetings , now time out of minde . t is news to me , that , creatures of their frame , to any purpose , should repeat my name , since , probably , they do not know their own , but , are the greatest block-heads in the town , except it be those foolish pamphleters that , use to write such dialogues as theirs ; ( or , base invectives tending to th' increase of discord , by the breach of civil peace ) and , who , mens honest fames to overthrow , shoot poysoned arrows from an unseen bow , for , these are much more blockish ; and this nation will never thrive , whilst these have toleration . however , this perhaps forewarn me may , that some as mighty , and as wise as they will mention me ere long , to worse effect , and with a more malicious dis-respect , than these detractors hitherto have done , though me , they seem not , yet to think upon . but , be it , as it must be ; scorns and jeers , have hung so long , as jewels at mine ears , that , whether my reproach be less or greater , i shall my self esteem , nor worse , nor better for what , by others , is done , spoke , or thought , whilst i , think , speak , and do the things i ought . he , that takes heed , what to himself relates , needs not care what the world , without him , prates this , is my best news , at this present time ; that which it wants in reason , take in rime . farewel . a postscript . but , take this post script too ( which , whilsta taper one lights to seal it ) shall fill up this paper . know , this was not intended to retort or vindicate ; but , only , writ in sport . he that asperseth me , himself doth hide like those bandetti by the high-way side , who , cowardly do shoot unseen , and flay before they dare to seize upon their prey ; yet , though i knew him , i have lately got so tride a charm against all paper-shot , that , onely , smiling on him with disdain ( to let him know he shoots at me in vain ) i scarcely should , by way of complement spare him so many words , as marshal spent on his traducer , when , this verse he flung him , nos , ab hac scabie , tenemus unguem . whose sense is ( in the language of this isle ) to scratch this scab , my nail i 'le not defile . know also , that the cause i do not dread those fearful rumours which are lately spread , is not , for that , i think , or do fore-see such things , are things impossible to be , for , when i heed , that still the self-same path is trodden , which an evil tendance hath ; and , that , most men rush forward in that round wherein their predecessors ruine found ; when i perceive the vices heretofore , not onely to be still the same , but more ; that , nor gods judgements , nor his mercies , whether past , present , single , or joyn'd both together regarded seem ; nor wholsome counsels given by men , or timely warnings daign'd from heaven , but , that , still , wicked wishes , hellish prayers , revengeful projects , jealousies , despairs , and cursed speakings , daily aggravate that animosity and secret hate , which at the first begun our sad distractions ; and are fomented still in several factions , through that neglect of justice and compassion which might effect true reconciliation ; i fear , what may to other men befall , but , fear not in my own respect , at all , because , that , whereto things now feared tend , have brought my hopes already to an end , as they concern this world ; except , refin'de god shall restore them , when they are calcin'd . the rumors which i hear , to me seem toyes , like squibs and crackers which affrighten boyes , for , his protection i am sheltred under who speaks in love , ev'n when he speaks in thunder . his judgements are upon us , but the flame will burn them , who are kindling of the same ; for , by the paths which i see by them trod , i finde our foes , are not the friends of god ; and , that when all our dross , away is fum'd , they shall be purged too , or else consum'd . he that secures me , will secure all those who shall their confidence in him repose . no cause have any men to fear ill tidings , who underneath gods umbrage have abidings : for , whatsoe're succeeds , yea , come what will , it comes to them for good , and not for ill. that will new-make them , which their foes destroies , disgrace shall honor them , grief bring them joyes ; ev'n death it self , shall be true lifes possessing , and ev'ry curse be turn'd into a blessing . then , all we have to do , is , down to sit beneath this shade ; all things to god commit . pray to him for our selves , our friends and foes , and praise him heartily for all he does . if this be done , we shall be free from fears , although the world doth all it can , or dares . g. w. finis . an humble supplication to her maiestie southwell, robert, saint, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an humble supplication to her maiestie southwell, robert, saint, ?- . [ ], , [ ] leaves english secret press], [england : printed, anno do. [i.e. ] by robert southwell. place of publication, press and actual publication date from stc. although written by the end of , the text is dated . it was not printed until --stc. written in response to stc : by the queene. a declaration of great troubles pretended against the realme by a number of seminarie priests and jesuits, sent, and very secretly dispersed in the same, to worke great treasons under a false pretence of religion, with a provision very necessary for remedy thereof. formerly stc . identified as stc on umi microfilm. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : elizabeth i). -- proclamations. - - -- controversial literature -- early works to . great britain -- church history -- th century -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion an hvmble svpplication to her maiestie . printed , anno do. . an hvmble svpplication to her maiestie . most mightie and most mercifull , most feared , and best beloued princes , they are at the bottome of a helplesse miserie , whome both a condemned estate maketh common obiects of abuse , and an vnpittied oppression barreth from discouering their griefes to those , that onelie are able to afford them remedy . euery one trampleth vpon theyr ruine , whom a princes disgrace hath once ouerthrowne . soueraigne fauours being the best foundations of subiects fortunes , and theyr dislikes the steepest downe-falles to all vnhappinesse . yet a prince supplying the roome , and resembling the person of almightie god , should be so indifferent an arbitrator in all causes , that neyther any greatnesse should beare downe iustice , nor any meanes be excluded from mercie ; and therefore an humble confidence in your maiestes goodnesse , ( perfect in all princely duties , & the only shot anker of our iust hopes ) induced vs to lay open our manifold extremities , which heretofore ( as it seemeth ) hath bin scarcelie heard , lesse beleeued , and nothing regarded . and though our condition be so desolate , that wee can neyther be freed from outward miserie , but by becomming inwardly more miserable , nor complaine of our troubles , but our very complaints are punished : yet an infamed life , being to free mindes more irkesome then an innocent death , we had rather put our vttermost hazards to your highnes clemencie , thē seeme with our silence to giue credit to our obliques : to which if wee doe not , it may be imagined we cannot answere . there hath beene of late published to our vndeserued reproch , so straunge a proclamation , that it hath made your most affied subiects doubtfull vvhat to beleeue : sith they see so apparent and vncurable truthes , countenanced with so reuerende authoritie , & warranted with the most sacred sight of theyr most honored queene : the due respect that euery one carrieth to your gratious person , acquiteth you in their knowledge , frō any meaning to haue falsehood masked vnder the veile of your maiestie : yet when they see your soueraigne stile so abased , to the authorizing of fictions , that the magistrates of the vvhole realme , most generally sooth thinges so directly disproued by common scence , and contrarie to their own , and all mens knowledge , it cannot be but a torment to theyr christian mindes : yea , and it must make them of force iustlie to scorne that anie subiect should dare in so high a degree , to blemmish both his princes , and her officers credits , as to draw them to auerre his plaine and inexcusable lesings : for what can they thinke , but this to be either a racking of publike authoritie to priuate pusposes , who being yet ripe to reueale their owne dangerous grounds , are forced to borrow these deluding shadowes , or an open condemnation of your maiesties actions , as though they bare themselues vppon so vniust and lawles motiues as could not able them for righteous , but by begging releefe of these counterfet illusions . wee verily presume that none of your maiesties honorable councell , would eyther shew so little accquaintance with the princes stile , as to deliuer in your name a discourse so full farced with contumelious tearmes , as better suted a declamorous tongue , then your highnes penne , or be so lightly affected to the regard of your honor , as to defile it with the touch of so many false assertions : yet all men iustly marueile that any inditor durst aduenture to disgorge their priuate ill will , rather then to obserue decencie in so publike a thing : yea they lament their own case , when these abuses make vncertaine what to credit in serious points , importing their countrie , & their owne safeties , when they see in this ( which seemeth to be but a prologue to future tragedies ) the strongest foundation to humane beleefe , applyed in all mens mindes to support meere improbabilites . and though the iniurie offered to your maiestie , and meerely concerning your realme , might in equitie challenge al mens pennes to warne you of so perilous courses : yet sith priestes and catholikes , are the markes chieflie shot at , wee aske humblie leaue of your maiestie and councell , to shew how chollericke the humor was towardes vs , that cared not though the arrow hit your highnes honour in the way , so the head therof might enter into our harts . it is an easie thing to be a true prophet , in foreseeing how this necessarie clearing will be aggrauated to your maiestie with heinous words , sith those that would dislodge vs out of all good opinions , will doubtlesse endeuour to fulfil any such prophecie : but now we humble our petitions to your care of innocencie , that it may arme your eares against such partiall appeachers , and incline you to measure your censure with equitie . to make therefore our entrie vvith the vnfauorable tearmes , wherein we are often and generally called vnnaturall subiectes , wee desire to haue it decided by your maiesties owne arbitrement , whether we haue iustly deserued to weare so base a liuerie : if wee liue at home as catholikes professing our name , and refusing to professe a contrarie religion , we can neyther keepe our places in the innes of court , but wee are imprisoned for recusancie , impouerished , troubled , & defamed . and yet if we leaue all and seeke free vse of our conscience , depart the realme taking such helpes as the charity of other countries affordeth vs , we are strait rekoned for vnnaturall subiects . it is rather an vnnaturall thing to disobey the author of nature for any creature , in forsaking the faith by which wee hope only to be saued , and yet we must doe this to the wilfull murdering of our soules : or if we refuse it , be we at home or abroad , by these hard censures we are proclaimed vnnatural . all bonds both of nature & grace inuite vs to loue god , and our countrie more then our liues , and our neighbours as our selues : which if we obserue in the highest degree , we hope what other title soeuer we deserue , we shall at the least be deemed not to swarue from the rules of natiue curtesie : we are in so mightie & warrantable proofes assured by all antiquitie , that our catholike faith is the onely truth , ( to which all that haue bin , or shall be saued , must owe their fidelitie ) that we thinke it a worthy purchase , for the perseuerance in the same to forfet our best fortunes , & engage our liues to the great cruelties , thē by reuolting from it , to enter league with error , & to make our soules the price of infernal paine , if thē we esteeme it at a higher rate then our liues , beleeuing that out of it , neyther god can be truelie serued , nor any soule saued : so if wee seeke with our deepest perrills to plant it in our realme , and to winne soules from misbeleefe vnto it , we thinke that we owe a most sincere , and naturall loue to our countrie : for euen by christs owne testimonie , no mans charitie reacheth to any higher point , then to yeeld his life for the benefit of his friend . and if others that so deepely touch vs for vnnatural creatures , would with as much diligence haue searched out the truth by an indifferent triall , betweene the learned on both sides , as they haue with violence martyred , and oppressed vs , they vvould happilie thinke themselues more vnnaturall , for hauing misledde infinite soules into endlesse perdition , then vs that with the sweat of our dearest blood , seeke to gleane a few scattered eares , the sillie reliques of their infortunate haruest . and if our due care of our countrie be such , that to reare the least fallen soule amongst your maiesties subiects from a fatall lapse , we are contented to pay our liues for the ransome , how much better should wee thinke them bestowed , if so high a penny-worth as your graciovs selfe , or the whole realme might be the gaynes of our dearest purchase . but though they that hunt this fault in vs , might best be their owne pray ( faith being the strongest of true and naturall fidelitie : yet must we be accounted vnnaturall , being ballanced in their affections , that draw all causes of compassion to motiues of crueltie , and make theyr condemning reports , the contraries of our dutiful meanings with the like spirit , still breathing more ill will , then truth : he tearmeth the right honorable the lord cardinall archbishop allen , and father parsons ( both learned & reuerent men ) two seditious heads , looking happily through such eyes , as iudge all men by theyr owne colours , & what cause haue they giuen to this slaunderer , vnlesse it be coūted sedition to gather the ruins of gods afflicted church , and to haue prouided sanctuaries , for persecuted & succourlesse soules : which forced at home , either to liue with a goared conscience , or to lie open to continuall vexations , rather choose to leaue theyr countrie then their catholike religion . it was no sedition for many in queene maries time , to be harboured in geneua , maintained thē by those that now enuie against vs. it is no sedition to admit such multitudes of straungers , as for theyr faith swarme into england , out of all countries . it is thought charity to aid the stats of flaunders in the behalfe of religion . it is extolled in your maiestie as an honorable fauour to protect the portingall , and s. horatio palanisine : but if wee ( whose case at home ) in respect of our faith is more miserable then any protestantes in any other countries , haue chosen two venerable men to procure vs some refuge , from our domesticall scourges , where wee may follow our studies , and exercise pietie , strait your maiestie ( though induced to practise the same curtesie to others ) is informed against them as seditious heades . so true it is , the same thing is not it selfe in diuers persons , & yet as god almightie and the world is our witnesse , nothing in those seminaries , is either intended , or practised , but the releefe and good education of such forsaken men , as from the storme of our english shoare , flie thether for a calme roade , that perfited in the course of learning & vertue , they may returne to offer theyr blood for the recouerie of soules : as for the basenes of theyr birthes , which among other like pointes ▪ is interlaced vvith as impertinent , as scornefull a parenthesis , as a fitter noate for the penners , than for your maiesties obseruatiō . i meane not to dwel long vpon it , for the thing neither importeth any offence to god , not crime against your maiesty , nor greatly abaseth them , whom excellent vertue , the onely true measure of worthinesse hath ennobled . yet this without disparagement to any may truely be auoided , that the cardinalls grace , is of as good & ancient a house , & euery way as worshipfully allied as some of the highest counselours were in their meaner fortunes , till your maiesties fauors , and their rare abilities , made them steppes to clime into their present honours . and whether he might of likelihood haue carried as high a sail if the time had equally secunded him with fauorable gales , i leaue to their iudgementes who are priuy to his present estate , greater than england can afford to any cleargy man. for your maiesty being as able to know , & we lesse willing to vse the excellēcy of your subiects , thā other princes , it may be iustly presumed , that he might as well haue entred into credite at home , if his faith had not drawen his foote from the first step , as with strangers in a forraine country , wher nether familiarity with the peers , nor acquaintāce with the prince but the only fame of his worthines , sent an admiration & loue of him into thir harts , & whosoeuer considereth the manner of his aduancement , being created cardinal alone , out of the ordinary times , ( a prerogatiue seldom yeelded but to special persons , who marketh his wisdome to haue bin in such reuerence , that in pope greg. the . his sickenes , he was thought fitest among the cardinals , to be vizgerent in spiritual causes : who is ignorāt of the smal cause of our country , by laws , libels , & other meanes , seeeking to vndermine the popes sea ( hath giuen him to reward her subiects , with so high promotions : who finally weyeth the aduentures of our councel , to hinder his preferment , and darken his vertues with hard information , shal easly beleeue the mā to be of rare perfectiōs , that hauing no other wings to beare his credite , but learning and vertue , could reach to so high points of fauour , notwithstāding so mighty lets . as for father parsons he hauing placed the vttermost of his ambition , in cōtempt of honor , & the highest of his wealth in voluntary pouerty : will easlie acknowledge his birth to haue bin of more honest thē great parents : yet were they not so meane , but that they were able to afford him such education , as might haue made his good parts a way to no small prefermēt . and albeit his credit be great with the k. of spaine , yet did hee neuer vsurpe the title of the kinges confessovr , as as this inditor would perswade your maiestie , though some of the simple sort of our english souldiers , in the gallies , vpon error and ignorance , muttered some such speeches amongst them selues . as for other priestes how many of them are knights & esquires sonnes , as otherwise both to worshipfull and noble houses alleyed , & heires to faire reuenewes , let their owne friendes and parents dispersed through the whole realme beare witnesse . this onely vvee may say in answere of our obiected basenes , that in the small number of the catholike priestes of our nation , ( vvhich reacheth not to the tenth of the protestant ministrie ) there are very neare as many , yea happily more gentlemen , then in all the other cleargie of the whole realme . now whereas we are most vncourteouslie called a multitude of disolute young-men , wee desire no other euidence to disproue this accusation , then an indifferent censure : for first before our departure out of the realme , we must resolue to abandon our countrie friendes , and all such comforts , as naturally all men seeke and finde in theyr natiue countrie . wee must relinquish all possibilities of fauour , riches , and credit . we must limite our mindes to the restrained and seuere course of the society of iesvs , or the seminaries , where the place is in exile , the rules strickt , the gouernement austere , our willes broken , the least fault chastised , & a most absolute vertue exacted . and who can imagine those to be so desolute humors , who this determine to abridge themselues of all actions , of disolutenes , and to imprison their affections within the presinct of a reguler and straight order , and lest happily it may be imagined that wee say more then in proofe we finde , it is knowne to thousandes , and daylie seene , and witnessed by trauellers , that we are there tide to so prezise tearmes in diet , apparell , exercise , & all other things , that wee are much more shortned of our scope , then in any colledge of our english vniuersities . i omit the prayer , fasting , haire-cloth , and other chastisements of the body , vvhich being voluntary , yet vsuall ; are to any if not more then partiall iudges , inuincible groundes against this slaunder , of being dissolute : but let our intertainmēt at our returne , be a finall ouerthrow of this false imposition : for who can thinke them dissolute , that being by the lawes , by examples by commō experience taught , with what bloody conflictes they are heere to encounter , & howe many feares , daingers , and agonies , both in life ; and death , they vndoubtedly expect , ( are notwithstanding contented ) for reclaiming of soules vnto gods folde , willing to yeelde their bodies to the hasard of al those miseries foreseene , and foreknowne , and aduisedly chosen before all worldly contentments . but it may be that some , vnaquainted with our states , will measure our mindes , by our apparell , ( beeing as we confesse ) more agreeable oftentimes , to the common fashion , than to the graue attire that seemeth our calling , neither is our habit , or behauiour so ruffian-like , or disordered , ( as this inditor , euer forgetting trueth , when he remembreth vs , would willingly haue it imagined ) but in this we must yeeld our reason , ( sith we cannot reforme the inconuenience ) till your maiesty thinke it good to licence vs without daunger , to exercise our functions , much-more mighty is the saluation of our soules , than the externall decency of our apparell , which though it be necessary in time and place , yet is it not so essentiall a point , as for the care thereof , to neglect the charge of gods flocke , & the safetie of our owne liues : dauid vpon iust cause fained him mad , but his madnes was an effect of perfect wisedome , and reason the guide of his seeming follie . iudith laying aside her hairecloth , and widdowes weed , disguised her selfe in such ornaments , as were fitter to allure laciuious eies , thē to beare witnes of her sober mind . and if god added grace & beautie to her youthful dresses , to further her iust reuenge vpō her enimies , much more may we hope he will allow a lesse disguisage in vs , to reuiue the soules of our dearest friends . it is no sure argument of inward beautie , to be vaine in shew , seeing a modest and an humble minde , may be shadowed vnder the glorious & courtly robes of a vertuous hester . and if angels for the benefit of bodyes haue suted their shapes , to the requestes of their ministers : now appearing like souldiers , as to iosua : now like trauailers , as to tobie : now like gratious youths , as to lot : yea if christ as the occasion required , seemed to the two disciples a pilgrime , & to saint marie magdalene a gardiner , why may not we for the winning of soules , ( which as god is our witnes is the onely cause of our comming ) frame our behauiour and attyre , to the necessity of our daies , as we read the auncient bishops did , in the persecution of the vandalls , this therfore cānot be estemed a iust presumption of a dissolute minde in vs , whom not any will to such finenesse , but a desire of safety enforceth vs to weare the liueries of the time . nowe whereas the heauy aduersaries of our good names , hath abused your maiesties eares with a truethlesse surmise , that we shoulde auoide the realme for lacke of liuing , we humbly resigne his folly , to the correction of your highnesse wisedome , for to whom can it seeme probable , that we flie for lacke of liuing , of whom many haue vowed all , willingly acepted a voluntary pouerty , leauing that we had , without either hope , or care of getting more , our wealth beeing nowe in well-doing , and our passions , our best possessions , is it like that for wante of liuing any woulde enter into a course , wherin without possibility of preferment they were in apparant hazarde to loose their liues : are anie sledde for such pouerty , that at the least they coulde not haue liued in seruice , with more ease and lesse labour , than they tie themselues vnto , in a most streight life , where they doe more by a willing obedience than they should haue beene put vnto in a hired subiection , or are they of such qualitie , and of so manie pleasing partes , that they can in these seuere times winne men with perill of their liues , landes , and posterities , to entertaine and comforte them , and could they not haue found without plunging themselues in the sea of daungers , some more easie meanes for a competent maintenance , then to beg it out of so manie exegents , and to wring it through so grieuous oppressions , and why should these feares of wantes pinch them more then infinite others , whom they left behind them ? they are men of as pregnant wittes , as deliuered tongues , as mature iudgements , as most of the innes of court , or vniuersities where they liued : yea , they were already stepped so far into promotion , that they needed not to haue doubted , nothing lesse then lacke of liuing , diuers of them hauing bin proctors of vniuersity , fellowes & officers of colledges , and likely to 〈◊〉 rise● to 〈◊〉 higher preheminencie . to ●omitte those that hau● . reuennewes , and annuities of they owne , besides the allowance and kinred , vvith rich & most wealthy families . it pleaseth further this vnfriendly informer ( who seemeth best pleased with displeasing vs ) to deriue our departure from a conscience guilty , of crimes committed , being stil himselfe in the likenesse of his speeches , as voide of veritie , as full of ill will : for if priestes at theyr arraignement , be in manner charged with originall sinne , many of them hauing bin scarcely borne , at the rising in the north , which is alwaies a common place to declaime against them . if all the notorious faults , that may any way cōcerne catholikes , are made ordinarie inditements , to condemne those that neuer heard of them , till they come to the barre : how much would any fault of their own be obiected , yea and multiplied in the vrging , if any such could haue bin found : but yet none was euer touched for any thing committed before his departure , as all testimonies may depose , and the verie recordes testifie in our behalfe , and to preuent any inst groundes of this oblique , the superiours ( not ignorant how many eyes are busied in watching for the least aduantage against vs ) make diligent scrutenie , for the perfect notice of theyr vertue , whome they admit to priesthood , who being for the most part among many of theyr owne houses , or standing in the vniuersities , could not cloake any great enormitie from notice : yea the very age of the greater part ( they going euer very young ) is a warrant to quite them from any such offence , as should force them to flie their countrie . and as for the rest , which are of riper yeares , they haue bin so notified for theyr morrall life , that they haue made common report theyr harbinger , to take vp their due roomes , in euerie mans good opinion . in sume this being an approued accusation , deliuered by one that in the same discourse , hath empanalled an enquest of vntruths , to finde out him in this also guilty of falsehood , it needeth no other answere , but a wise censure of the reader : but now most mercifull princesse licence our too much wronged innocencie , to relate the sharpest doubt of this vnkinde aduersarie , ioyned vvith those three odious tearmes of fugitiues , rebels , and traytours , & dipped as deep in the bitternes of gaule , as hee would haue it enter into our dearest blood : and first wee craue most humblie but the right of christians beleefe of our oath , which is the only certificat to make our thoughtes vndoubted ; vppon hope whereof we oppose our guiltlesse hartes against these tiles , as our best armour of proofe , protesting vpon our soules and saluation , and calling almightie god and his angels to witnesse , that as we hope to haue any benefit by the most precious woundes , and death of our lord iesvs christ : the whole and onely intent of our comming into this realme , is no other ; but to labour for the saluation of soules , and in peaceable and quiet sort , to confirme them in the ancient catholike faith , in the which theyr forefathers liued & died , these thousand foure hundred yeares , out of which we vndoubtedly beleeue it is impossible that any soule should be saued . this from the sincerest of our thoughts , before the throne of god , wee must truelie professe , intending if no other remedie may be had , to let your maiestie seale it vvith the best blood that our faithfull , & faultles harts can afford . and if any be so hardened in a set incredulitie , as rather to condemne vs to periurie , thē to cleare vs vpon so deep an oath , we will make reason his guide into our intentions , by which if he think vs not as much perished in our wittes , as he supposeth vs to be in our fidelitie , he shall easilie see the truth of our protestation : for first , treason being an offence that carrieth with it selfe a staine of infamie , as can neuer be taken out , and maketh them that commit it dead , & vnpardonable persons . who cā imagine any so foolish , desperate , as to incurre so reprochfull a crime full of certaine perils hauing no other possible marke for his hope , but the vttermost of worldlie euils . and if any one should chaunce to be so farre distracted from his sence , and to throw himselfe into so bottomles a destruction : yet that so many , and so learned , & so graue men , as dayly suffer for their cōming in priestes , would cast away their labours , liues and credittes , for nothing but a cruell and eternall reproch ; our bitterest enimie would neuer deeme it likelie , and what other inticement shuld allure vs to be traitors , not any perswation that our selues can compasse so great an exploit , ( there being scarce . catholik priests of our nation in the whole world ; a sillie armie to subdue so great a monarchie ) not any confidence in catholik assistance , whō none is so mad to think able to doe such an enterprise , being few in nūber , dispuruied of munitō , narowly watched by officers , restrained in their liberties , impouirished in their goods , & disabled in all prouisions . not the imagination to be aduaunced by forraine power : for then we would rather expect the conquest , till the time and oppertunitie were ripe , for vs to enter vpon our hopes , then so venterously to presse vpon the swordes of our enimies , and hazard not only our future expectations , but our present safeties , wee would rather liue abroad , though it vvere with as hard shifts , as those that now possesse honorable romes did once at ceneua : then leopard our welfare , to so many so knowne and vneuitable harmes , which we are more likely soone to feele , then so long to eschue . and if wee were to come as rebels into the realme , our education in colledges should be aunswerable to the qualities , we should be trained in martiall exercises , busied in publike and ciuell affaires , hardened to the field , & made to the weapō : whereas . eares and eyes are witnesses , that our studies are nothing els but philosophie & diuinity , our teachers religious men , acquainted with no other knowledge but learning and vertue , all our warlike preparations , the wresting for our wils , the mortifying of our bodies , and a continuall warfare with nature , to get the victorie ouer our selues : and for other schoolepoints of sedition , wherein this our hard friend findeth vs to be instructed , almighty god is our witnes , that wee neyther learne nor teach any , hauing only had in our studies , the common end that all men shot at , namely to attaine such knowledge , that might be an ornament to our functions , a help to our conuersations , & a benefit to our countrie . but if by these schoolepoints of sedition be meant that religion which there we are taught : and here wee professe this meaning aunswereth it selfe : for this cannot be any way treasonable to your maiesties estate , vnles that it be esteemed offensiue , which was the faith of all your royal auncestors , these yeres , is the faith of the greatest part of christendome , and for the defence whereof your maiesties most worthy father , attained the glorious title of defender of the faith. but vvhatsoeuer this informer meant by his schoolepoints of seditiō , we hope that your highnes censure , wil free vs from the thing it selfe , sith neyther likelihood to effectuate any hope at home , nor any likenesse of our education abroad , can in your vvisedome seeme to argue vs guiltie of anie rebellious intentions . let this further be an assured proofe to the contrary , that sith we are so religiously addicted to the end of our comming , that for the atchiuing thereof , we recount our torments , triumphes , & our deathes a glorie : if this end were the ouerthrow of your maiestie : or if your displeasing had bin the point , that with so many bleeding woundes , wee haue witnessed to be so deare vnto vs , wee would with the losse of fewer liues , haue perfitted our purposes , and long ere this haue brought the cards to an vnfortunate shufling : for whosoeuer hath content̄ed his own life , is maister of anothers : and he that is resolute to spend his blood , will rather seeke to sell it for the intended price , then with a fruitles affection cast it away for nothing . no no , most gratious soveraigne , heauen and earth shall vvitnesse vvith vs in the dreadfull day of doome , that our breastes neuer harboured such horrible treasons , and that the end of our comming is the saluation of soules , not the murthering of bodies , wee beeing rather willing to die , then to contribute the least haire of our head to the latter , and not so willing to liue , as to shed the best blood in our bodies : for the first , giue then ( o most gratious queene ) wise men leaue to see , that they shew themselues no lesse disloyall to your maiestie , thē enuious to vs : that durst diuulge these fables vnder the name of your highnes , making their prince the patronesse of theyr fayned , and deuised falsehood . now with what shadow or likelie-hood , can it sincke into any sound beleefe ? that we come with ample authority , to perswade your maiesties subiects to renounce theyr duties , and to bind them with othes & sacraments , to forsweare their naturall allegence to their princess highnes , & to yeeld all their powers to the spanish princes forces : for to say we doe it vppon hope , to be inriched with those possessions that others now enjoy , hath but smal semblance of probabilities , considering how much likelier wee are to inherite your rackes , and possesse your place of execvtion , then to suruiue the present incombences of spirituall liuinges , or to liue to see any dignities at the king of spaine his disposition , and sith both the daylie martyrdomes of manie before our eyes , and our own euident and hourely daungers , can not but kill in vs all such aspiring fantasies , if any minde were so m●dd● , as to sell his soule at so base a rate . let it be scanned with equitie , how little seeming of truth it carrieth , that so manie should vpon so improbable and vncertaine expectations , offer their liues to most probable and certaine shipwracks . and can any imagine vs to be so simple , that we cannot see how impossible it is for catholikes to do the king any good , though they were as much bent that vvay as their accusers would haue it thought : doe we not see that they are scattered one among thousandes , and at all such accurrants so well watched , and so ill prouided : that to vvish them to stirre in the kinges behalfe , were to traine them to their vndoing , & to expose them to a generall massacer by domesticall furie , and what better aduocate can plead for vs in this case , then your maiesties own experience , who in the last attempt of the king , found none more forward to doe all duties , and liberally to stretch theyr abilities , then catholikes were in your highnes defence , and though they were ceassed for men and money , farre aboue their reuennewes , and so fleeced of theyr armour and weapons , that they were left vnfurnished , for their owne sauegards : yet were they so far from mutining , or touch of disloyaltie , that they willingly yeelded more , then any other of their qualitie , vvhich doubtlesse if priests had sworne them with othes , or bound them with sacraments , to the contrarie they would neuer haue done : sith they venture both liues and liberties , for other charitable works of farre lesse weight , then the auoyding of the damnable sinnes , of periurie and sacriledge . it is also vvell knowne euen vnto the coyners of these vntrue surmises , that if the king should come so slenderly prouided , as to need the handfull of catholikes helps , ( who neyther haue conntenance , charge , nor authoritie in the common wealth ) your maiestie neede not greatly feare , sith it were impossible he should be strong , to whome so weake , and bootles a succour should be necessarie . and to what effect should wee then perswade catholikes to leaue theyr obedience to your highnes , sith it can neyther benefit vs , nor auaile them : but rather draw vpon vs , both a manifest subuersion : yea did we not rather strengthen them in their duties , and so confirme them in patience , that with conscience and religious feare they restrained nature . it were imposible for fleshe & blood to disgest the vnmercifull vsage that they suffer by such persons , whose basenes dubleth the iniury of their abuse : for who , if it were not more than the feare of man that hath helde them , would not rather die vpon the enimies that sought their blood , ( as for men of ill mind it were no hard matter ) than to liue to continuall death , & to leaue the authors of their euills behinde them , to triumph ouer their ruines , and to send after them more of their deerest friendes . what gentleman coulde indure the peremtory & insolent imperiousnes of a company of gredy & manerlesse mates , which stil are praying vpon catholickes , as if they were common booties , & ransack them day & night , brauing them vnder their own roofes , with such surlinesse , as if euery cast-away were allowed to be vnto thē an absolute prince . but happily because we desire to recouer the lapsed , & confirme the standing in the ancient faith of their forefathers , it may be presumed that this is a with-drawing from your maiesties obedience . but if indifferēcy may be one of the iury , disloialty shal neuer be found the sequell of any article of our religion , which more than any other , tyeth vs to a most exact submission to your temporall authority , and to all pointes of alleageance , that either now in catholicks countries , or euer before in catholickes times were acknowledged to be due to any christian prince : doe not nowe catholicks gouerned by the princip●les of their faith , yeelde in respecte thereof with a knowen mildnesse , their goods , liberties , landes , & liues , and doe they not with a most resolute patience obay a scourging , and afflicting hande . then howe much more woulde they bee willing to double their duties and increase their seruiceable affections to your highnesse , if they sounde but the like clemencie that other subiectes enioye , and were not made ( as nowe they are ) common steeles for euerie mercilesse and flint-harted , to strike out vpon them the sparkes of their fury . it is a point of the catholike faith , ( defēded by vs against sectaries of these daies ) like subiects are bounde in conscience vnder paine of forfeting their right , in heauen , and in incurring the guilte of eternall torments , to obay the iust lawes of their princes , which both the protestantes and puritanes deny , with their father and master caluin . and therefore if we were not pressed to that , which by the generall verdit of allegeance , was iudged breach of the lawe of god : we shoulde neuer giue your maiesty the least cause of displeasure , for ( excepting these points ) which if vnpartial audience were allowed , we coulde proue to imploy the endlesse misery & damnation of our soules , in all other ciuill and temporall respectes , we are so submitted and pliable , as any of your maiesties best beloued subiectes . if then your highnesse woulde vouchsafe to behold our case , with an 〈◊〉 eie , and not to viewe vs in the mirror of a misse-informed minde , we woulde not doubte , but that your excellent wisedome woulde finde more groundes euen in pollicy , and in the due care of your safetie , to incline your gratious fauour towards vs , stil inthralled in our present vnhappinesse . but it may be , that some more willing to rip vp olde faults , than to admit any clearing of them , when in their hearts they haue already condemned vs to all punishments , will heere bring in ballards , and babingtons , matters against vs , as a golias to ouerthrowe all other proofes of our good meanings . to this first we aunswere , that it were a harde course to reproue all prophets for one saule , all protestantes for one wyat , all priestes and catholickes for one ballard and babington . your maiesties sister reigned not the sixt part of your time , & yet sundrie rebellions were attempted by the protestant faction against her , in that short space , as euerie chronicle can witnes : whereas in this your maiesties prosperouse raigne of . yeares in all england , the catholikes neuer rose but once in open field to haue wonne the freedome of conscience , which the protestants in those few yeares laboured vvith so many mutinies : for as for parrie , hee neuer professed in like , nor action to be a catholike : yea , and he tooke it offenciuely vvith signification of his minde , in hoat wordes , that some vpon surmise , had so named him , and therefore howsoeuer hee might by aspiring thoughts , or mercinarie mutinies , be by any forraine enimie vsed to euill practises , it cannot iustly be layed against vs , whō neyther priuitie nor consent to his intentions , can any way touch : and as for the action of babington , that was rather a snare to intrap them , then any deuise of their owne , sith it was both plotted , furthered , and finished , by s. frauncis walsingham , & his other complices , who laied & hatched al the particulers thereof , as they thought it would best fall out to the discredit of catholiks , & cutting of the queene of scots : for first it is to be known to all , that poolie being sir f. walsinghams man , and throughly seasoned to his maisters tooth , was the chiefe instrument to contriue and prosecute the matter , to draw into the net such greene wittes , as ( fearing the generall oppression , and partly angled with golden hookes ) might easilie be ouer wrought by m secr. subtile & sisting wit : for poolie masking his secret intentions vnder the face of religion , and abusing with irreligious hypocrisie all rites & sacraments , to borrow the false opinion of a catholike , still feeding the poore gentlemen with his masters baits , and he holding the line in his hand , suffered them like silly fishes to play themselues vppon the hooke , till they were throughly fastned , that then he might strike at his own pleasure , and be sure to drawe thē to a certaine destruction . and though none were so deepe in the very bottome of that conspiracy as poolie himselfe , yet was hee not so much as indited of any crime , but after a little large imprisonment ( more for pollicy thē for any punishment ) set at liberty , & in more credit then euer he was before : for it being a set match , & he hauing so well performed his euil part ( though to please babes . ) a stroke was giuē to beat him , yet doubtlesse he was largely fed in priuie pay , as so christian pollicy did best deserue . it is also known by phillips the deciphers letters to his party practisioner , g. gifford , in whose chest and chamber they were taken at parris , & by g. giffords owne examination , that these gentlemen were bought and sold , being drawen blindfolde , to be workers of their ouerthrow , and carrie with silly isaac the fire , in which they thē selues were to be sacrificed . and sure it is , that all the letters that fed them with forraine hopes , all the deuises that wrought them into home-bred imaginations , sprung all out of the fountaine of sir fravncis walsinghams fine head : for gilbert gifford hauing some yeares before beene maister secretaries intelligencer , ( as the date of phillippes letter vnto him discouered ) when the matter was once on foote in england , was made the meane to followe it in fraunce among certaine of the scottish queenes friendes , more apt to enter , then able to go through great dissignements , where he knowing of the letters , and the course how they were conueyed , discouered all to m. secretarie , to whō also he brought diuers of the like tennor , written partly to the queene , partly to babington , at his owne comming into england : wheras more thē . months before , the coūcell would seeme to know these intentions : and when by often resort to sir frauncis walsinghams house , in priuate sort hee had taken of him priuie directions , to make his course the more plausible for his proceedings in fraunce , he practised here with the french embassadours mounsieur catanense , whom then he knew to be verie well affected both to the scottish queene , & to the duke of guyes , & though he were a man of more then ordinarie discourse : yet with so forsworne an hipocrisie , and so deep periuries , did gifford ouer reach him , that when the traine was discouered , some of the gentlemen inraged with so great impietie , said that though it were a great part of the gospel that an english man would be true , they should hardly beleeue it , for that diuell giffordes sake , as in their passion they tearmed him : but so it was that gilberts wit farre too good for so bad an owner , & newly refined by m. secretaries forge , wonne so much credit , that he being commended and beleeued , as his desire was , he went ouer to intreate by meanes with the duke of guyse , and such others as were thought fit to be taken in , as stales to countenance the matter , and to put the gentlemen in vaine expectations , till the thred vvere spunne to the intended length . and so far was this vnfortunate wretch giuen ouer to desperate malice , that first to possesse him more of m. secretaries good opinion , and to shew his aptnesse to be vsed in such exploits , he dedicated to him , a booke of hys owne compiling , breathing such infamies , and atheismes , as best became the spirit of so periured and apostata : and on the other side , to shun the suspition of being m. secretaries bad instrument in this vnchristian pollicie , he was himselfe confessed , purposely graduated , and as it is thought made priest : so impious were the meanes to wrest the poore gentlemen from their duties , to theyr confusion . phillips also , who was m. secretaries right hand , held correspondent with gilbert gifford , stil keeping the ice from breaking , till they were all vpon it , whome they meant to drowne in the same destruction . and to draw the queene of scottes into the better opinion of this designemēt , vvhome experience had taught to suspect so daungerous motions . the matter vvas with continuall and secret meetinges verie seriouslie vrged with her agents in fraunce , in whome it is feared they relyed too much affiance : but vvhether for loue to theyr maister , they were apt to entertaine anie hope of her deliuerie , or for league vvith m. secretary , too ready to build vpon his foundations , they induced the queene to like of their good will , that were willing to aduenture their states and liues to doe her seruice , and as things were by these inuentions , ripening in fraunce : so poolie no lesse diligently plied the matter at home , continually conuersing with ballard , & the gentlemen , & laboring to draw more conies in to the hey . it is strange to marke with what cunning the graue and wiser sort of catholikes , were sounded a far off , not by reuealing any direct intention : but so nicely glācing at generall pointes , with iffes & andes , that they neuer vnderstood the language , till effects did consture these roauing speaches : yet when so much of their disposition was known , by their vnwillingnes to heare , & peremtorines in cutting off the officers of such discourses , there was no lesse care vsed to conceale these purposes from them , then there had bin cūning to serch out how they would deeme of thē : for it was feared , their wisedome would haue found out the fraud , & vntimely haue launced an vnripe impostume . it is further knowen that the coppie of that letter which babbington sent to the queene of scots , was brought ready penned by poolie , from m. secretary : the answere whereof , was the principal grounds of the queenes condemnation . there was also found in sir frauncis walsinghams accountes after his decease , a note of . pounds bestowed vpon nato & curlie , who being the queenes secretaries , framed such an answere as might best serue for a bloody time , & fit his intentiō that rewarded them with so liberall a fee. this made phillippes so bold to aduise gifford by his letters , that if he came in any suspition of detecting the queene , he should lay it eyther to nato , or curlie , whose shoulders being bolstred with so large bagges , he thought vvould be best able to beare the burden away : it is also certaine that barnard ( ● m. secretaries vndoubted agent ) went ouer into fraunce about this practise , there free passages being warranted with all securitie : when they had beene there so long , that barnard might looke into these proceedings , that in those countries were actors in the matter , he returned againe with ballard , and hauing a large commission from sir frauncis walsingham , to take what manner of horses hee would , out of anie gentlemans parke , or pasture , and of other vnusuall liberties , he went with ballard into the north , there he sought with what sleights he could , to haue wonne diuers gentlemen , making ballards credit his countenance , and drawing the poore men vnwittingly to be the occasion of his own and others ruine . in the end hauing cusoned another to get a letter of commendations to the lord prior of scotland : he sifted out of him what he could , & taking vvith him a letter touching this matter , hee brought it vvith all the intelligence and successe of his malicious pilgrimage , to the councell . and though hee were thus inward and conuersant with ballard , carrying him to sundrie gentlemen of account , to feele & tempt them about this action , and to drawe them into the desired compasse : yea though himselfe were a motion to some , to enter into it , pretending that he had ouer reached m. secretarie , in getting that commission : yet was hee neuer called to the barre , but hired to stay a time in restraint , with such a recompence for his seruice , as might be well perceaued to be large , by his liberal spending , & plenty in prison , hee being otherwise a hungrie and needy marchant , without eyther trade or liuing to maintaine such expences : and how priuie s. frau. was to the whole course of the gentlemens actions , and to the certaine period of the time , wherein all his indeuours would come to the full point , may be gethered by this , that being by a priest that was to be banished sued vnto for . dayes respite to dispatch his busines : first repeating the number , and pausing a while with him selfe . no saith he , you shall haue but . for if i should grant you any more , it would be to your hinderance , as you shal heare hereafter : wherein he said true , for much about that time , was publike notice taken of babbingtons matter , all waies vvere watched , infinite houses searched , hewes & cries raised , frights bruted in the peoples eares , and all mens eies filled with a smoke , as though the whole realme had beene on fire , whereas in trueth , that was but the hissing of a fewe greene twigs , of their own building , which they might without any such vprore haue quenched with a handful of water , but that made not so much for their purpose as this buggish terible shows : and thought they were so well acquainted with all the gentlemens hearts , that they might euery houre in the daye or night , haue drawen them in the nette like a couie of partridges . yet forsooth , must some of them be suffred purposely to flee that they might haue the better colour to make those generall demonstrations of a needles feare . iohn sauage likewise when he came to the courte , was so wel knowen to be a chicken of that feather , that two pentioners were charged to haue an eie vnto him , and to watche so long as he stayed there , and yet was he suffered to goe vp and downe , and vsually to haunt the presence , till all irons were hotte that were laide in the fire , to feare the credite of poore catholickes , and to giue the queene of scottes her deathes wounde : it was also noted , that after ballard was inchaunted with poolies charmes , he became a stainger to all iesuites and other priestes , beeing limited by the politicke rules of his promptor , to such company as master secretary knewe to be of diuine sights , to see through so many mistes , as he by his instrumentes had alreadie cast before their eies , the gentelmen were also throughlye charmed , to keepe their councells from the wiser and mature sort of catholickes , whome there was no hope to make them parties . of which iohn charnocke at the barre saide the reason to be because the older , the colder , yet the true grounde was a speciall promise of master secretary to keepe the threede out of their handes that woulde soone haue vnwounde it to the bottome , for what man that had but knowne the first sillable of pollicye , woulde thinke it a likelye course for them , to alter the whole state of so great a kingdome to quite contrarye religion and gouernmente , that neither hadde power to backe them , ( as then there was none readie , nor helpes at home to support them ) being al but priuate gentelmen , ( neither of wealth , nor sufficient credit for such a matter ) to carry with them any great numbers , who would not haue pittied their indiscretion , that intending so great an alteration , thought it a fit way to goe pickeing here & there one , as if such plots in so many young tongues could lie hidden so long , as to giue them respite to gleane a sufficient army . and for men that pleadged their heades in so daungerous attempts , to be so credulous , as to rest their hopes vpon so fliting & faire promises of forraine helps , without the certainty of such preparation of shippes & mē , as might come in due time to followe their beginnings , was a most childishe sight . and therefore for any man of experience that had looked to it , there would haue offered it selfe a iust suspition , that the plotte was rather a traine to entrappe the actors in it , than a meane to effect that intended by it . for though they had cut off some of the councell : yea , and dismantled the realme of your sacred maiesty , ( which gods goodnesse neither woulde , nor we hope wil permit ) yet had their purpose beene farre from any semblance of their desired issue , for then they must haue proclaimed either the queene of scotts , or at least by some means haue sought her deliuery , & consequentlie haue notified to the worlde that for her rising was your maiesties going downe . and what a tide of resistance would this notice haue done , none can be so seely but he must needs see . for first by the oath of associatiō , al the nobility had bin bound , to persist hir to death , which many without an oth would otherwise haue beene apte enough to doe . the crowne also beeing lefte without anie declared owner , a faire goale for them that runne first at it , no doubte but diuerse competitors woulde haue hindered her course , to haue made her hopes-way to so faire an aime . then the act of parliament excluding straingers from the crowne , ( as she by diuerse meanes was diuoulged to be ) woulde also haue added dainger to her claime , especially considering the auncient & deepe rooted dislike , betweene the scottishe and the englishe , no small motiue to a popular mutiny : but most of all her vehemency in the catholicke religion , ( against which both the nobility , cleargy , & commons were most violently bent ) woulde haue made them ready in that respecte , to take heed of the least of these lettes , to exclude her from the crowne , and to translate the title to some other more suteable , to their beleefe . all which impedimentes meeting so full with euery eie , that did but loke towards them , must needs haue made any in reason to conclude it an impossibility for these gentlemen to haue compassed their drifte , which also they might easily haue discerned , had they not bin bewitched with master secretaties fine deuises , & deluded with his spies , cosoning letters and messages from forraine partes , for the spanishe fleete was not ready in two yeers after , and in fraunce , ( more than a fewe that in gascoine were imploied against the hugonits ) there was no kinde of prouision by sea , nor lande , yea the king was then knowen to be so sure a friend to england , and so sharpe an enimy to the guisian partie , in which the queenes affiance was only fastined , that he woulde neuer haue suffered her hopes to haue had 〈◊〉 by any french assistants . and from scotland they neuer looked for any aide , knowing that if they were not euery way blinde , howe the king was wholly carried a way with an english byas , and so setled in the possession of the crowne , and in the bent of the contrary faith , that what soeuer he might haue attempted for himselfe , it was neuer likely he woulde haue followed their designement , of which the principall scope was the alteration of religion . and he that in respecte of his beleefe , refused with the infant of spaine , the present possessiō of the lowe-countries assistance for the chalenging of his other titles , and promised to be proclamed heire , if the spanishe king should faile , was doubtlesse much better armed against their slender perswations which could neuer haue tempted him with such glorious offers . finally the weaknesse of their beginning was an apparant proofe that it was conceaued and bred by them that woulde be sure to bring it to an abortion , and neuer suffer it to preuaile to any other purpose , but to make vs more hatefull , and to bereaue your maiesty of your more infamed than faulty cosen . thus much gratious soueraigne , is your highnes drawen by these indirect courses , to vse your vnwilling sword , against your lesse fauoured , then faithfull subiects , and put in vngrounded feares of theyr disloyaltie , who are of themselues so farre from defiling theyr hartes with any treasonable thoughts , that theyr heauie enimies had no other wayes to dismount them from theyr best deseruing , buy by violenting them too euill ; by these sinester inuentions wee know your maiesties minde to be , from yeelding your royall assent to so vglie shifts , you euer binding your desires to the limits of vertue , and measuring your regalitie , more by will to saue , then by power to kill . yet it cannot but afflict vs , to see your highnes eares so gaurded against our complaints , and possessed with theyr perswations , that most maligne vs , that we can haue no other orators for your gratious fauours , then the tongues that cannot afford vs any fauourable word . it hath bin alwaies the pollicie of our aduersaries , to keepe vs aloofe from reuealing our vniust oppressions , lest they should incline your mercie to pitty vs , and they so arme your highnesse with so hard informations against vs , that they make our very sute for lenity seeme an offensiue motion : yet sith wee must eyther speake or dye , seeing so many slightes are put in vre to burie vs quicke in all miseries , we hope god will make our petitions weigh into your hart , and winne your clemency to consider our distresse . notwithstanding the slaunders that are published against vs : and if we may make our benefit of that which others haue vsed to our greatest harmes , we thinke that very act of babington , may insure your highnesse of the impossibility of catholickes to bee drawen to rebellion , for when our oppressions were heauiest , our deathes ordinary , and so fine wittes busied to drawe vs into the foyle , yet was there not in all england in so long time founde out aboue one priest , and he one of the meanest , and fewe more than a dozen lay-men , that coulde be wonne to stoope to these odious lures . let not therefore this more preiudice vs than so open threats , and direct menacings of the whole state , haue endamaged others , sith of our side , there followed no effecte , & our numbers were lesse likely to hurt ( not ariuing to a scoare ) than these that dared your maiesties scepter with many thousands , but because we like god-almighties fooles , ( as some scornefully call vs ) lay our shoulders vnder euery loade , and are contented to make patience the onely salue for all sores : many that see , are willing to vse the awe of conscience , for the warrant to treade vs downe , whereas they presume not to meddle with others , although more fatall to your highnesse estate , knowing that if they shoulde make them partners , but of halfe our afflictions , they woulde seeme to bewray more impatient stomackes , for if the working of their spirites bee so vehement , as with so little feare and so much solemnity to proclaime a newe christ and king of the earth , adding the creast of an vsurped messias to countenance , the chalenge of humane soueraignty . if being so freely permitted to vse their consciences to themselues , and to enioie their honours , offices , and fauours in the common wealth , without any taste of your scourges , they notwithstanding sparkle not such tokens of a concealed flame , it can not choose but bee seene and knowne , howe much more cause there is , to loke into their actions , and to feare their attempts , than to wreake so much anger vpon vs , that were neuer chargeable with so huge enormities . and yet the death of one man shut vp in a silent obliuion , that open offer of vprore , & most blasphemous impietie against god and your maiestie , though it be generallie knowne that there were more fauorers and 〈◊〉 of that parti than coulde be euer charged with babingtons offence . we speake not this to incense your maiestie against others , being so well acquainted with the smarte of our owne punishementes , to wishe any christian to be pertaker of our paines . our onely intent is , most humbly to intreat , that if so impatient a zeale , accompanied with seditious wordes and actions , was so easilie finished and remitted in the chastisement of one , your highnesse in clemencye , woulde not suffer so many innocent priests & catholikes , to be so cruelly and continually martyred , who neuer incurred so enormous crimes . and sith we daylie in our liues , & alwaies at our executions vnfeinedly praie for your maiesty , sith at our deathes wee alwaies protest vpon our souls our clearnes from treason , & our dutiful & loyal minds , subscribing our protestation , with our dearest blood . let vs not most mercifull soueraine be thus daily plunged deeper into newe disgraces , and still proclaimed and murthered for traitours . let vs not be so esteemed for godlesse and desperate monsters , as to spende our last breath in bootlesse periuries , or at our greatest neede of gods fauour , to sacrifice to the diuell our finall vowes , what reason then can moue vs so damnably to dissemble , when our expired date cutteth off all hopes , our deathe the ende of euills , hath in this worlde no after feares , and a resolute contempt of our own liues , excludeth al thoughts of meaner liues , yea if any hope , feare , or loue carry any swaye , ( as doubtlesse there doth in all christian minds ) it is a hope to be saued , a feare to be damned , aloue to god , to his trueth , & our endlesse wel-doing , al which in that dreadfull moment , ( whereupon dependeth our whole eternity ) can neuer be motiues vnto vs , to sende our forsworne soules headlong to hell-fire . but let vs proceede in our necessary defence , as the inditor doth in his false accusations , ( we are charged for the easiar 〈◊〉 of vnnaturall people , weake of vnderstanding to yeeld to our perswations ) to haue brought bulles , & indulgences pretending to promise heauen , or cursing damnation to hel . it was but a forraine supply for want of true factes , to fasten vpon this fonde conclusion being so farre from trueth , and so full of incongruity , that euery nouice in our faith , can reproue it for error . i omitte the reprochfull termes of vnnaturall and weake vnderstanding , most iniuriously fathered vppon such a princes pen , whome a royall minde hath taught , not to staine her paper , or blemishe her stile , with those and so many other base and reuiling wordes , as are pestered together in this proclamation . i reporte all men to their eies , and eares for aunswere to these slaunders , whether ( the soule-rightes excepted ) in all temporall duties , catholikes be not as naturall to their prince , as beneficial to their neighbours , as reguler in themselues , as any other subiectes , yeelding the vttermost of all that is exacted in subsidies , persons , men , and munition , besides the patient losse of our goods and landes for their recusansie . let it be read in letters of experience , whether catholikes be of shallowe braine , or of so weake vnderstanding , that they woulde be carried away with these imaginary bulles , promising heauen , and threatning hell , of which catholikes eares neuer hearde before . this worlde can witnesse , that in diuinitie , lawe , and phisicke , and all other faculties and functions , either of piety , or pollicy , all englande , i may say all christendome , scarce knoweth any men more renoumed than our englishe catholikes , ( without vanity be it spoken in a iust defence ) but though they were not such sallomons for wisedome , as some others take themselues to bee , yet they bee allowed ordinary sence and intendment , which if it be but so much , as may serue them to tell ouer the articles of their creede , it is enough to be knowen that no bulle can promise heauen , or threaten hell , but for keeping or breaking gods commaundementes . iudge then , ( most soueraigne ladie ) whether that it be not too great an indignation to see the sacred name of our noble qveene , which next to gods worde shoulde be honoured among the most impregnable testimonies of trueth , to be with vndeserued abuse by any subiecte subscribed to these most vaine , and so impossible fictions . who likewise ( but meaning to make his princes paine a spring of vntruethes ) woulde against the certaine knowledge of so many and so infinite people , as well seers as hearers , euen as from your maiesty : that no priest in indited , arreined , or executed for religion : sith it is so often , and in euerie sessions seene , that vnlesse we our selues shoulde confesse manifestly that wee were priestes , no other treasonable crime , coulde bee iustly proued against vs , and for this ( howe farre it is from deseruing this odious title ) your maiesty may easilye gather , for that all christendome hath these fifteene hundred yeeres honoured for pastours and gouernours of their soules , those that nowe are more than vnfauourably termed traytors , yea if to be a priest made by the authoritie of the see of rome , & present within your highnesse dominions , be a iust title of treason . if they that harbour , reliue , or receiue any such , be worthy to bee deemed fellons : then all the glorious saintes of this lande whose doctrine and vertue god almightie confirmed with many miracles , were no better than traitours , and their a-bettours fellons . then damianvs and fvgativs , that first brought christianity in king lvcivs his time , . yeers past : then saint avgvstine & his companions that conuerted our realme in saint gregories time were , who in the compasse of treason , sith theyr functions and ours were all one equally deuided from the sea of rome , from whence they were directly by the popes elutherius and gregorie sent into this kingdome being priests , and religious men , as all antiquity doth witnes , yea all the churches and places of pietie , ( chiefe ornaments of this noble realme ) all the charters and indowments bestowed vpon priests & religious persons , & yet registred in the ancient laws are but monuments of felonie , & fauourers of treason . and if it should please god to alot the day of generall resurrection in your maiesties time , ( a thing not impossible as vncertaine ) what would so many millions of prelates , pastours , and religious people thinke , that both honored and blessed this kingdome with the holines of their life , and excellencie of their learning : much vvould they rest amazed , to see their relikes burned , their memories defaced , and all theyr monasteries dedicated once to pietie , praier , and chastitie : now either buried in their ruines , or prophaned by vnfitting vses : but more would they muse to find their priesthood reckoned for treason , and the releefe of priests condemned for felonie ; these being the two principall testimonies of deuotion , that theyr ages were acquainted with : yea , what would your maiesties predicessors , and fathers , with the peeres & people of your realme thinke , when they should see themselues in tearmes of felonie by the censure of your lawes , for erecting bishoprikes , and endowing churches , founding colledges , and some other like places , for the honoring and maintaining of priests , & religious men : yea and for giuing theyr ghostly father in way of releefe , but a cup of cold water , though it were at the verie point of death when they needed spirituall comfort , being to abandon their mortall bodies : and though the priests at that time were not made since the first yeare of your maiesties raigne , which is the onely point which excludeth them from the statute , yet were they all such priestes , or abbetors of them , as were consecrated by authority deriued from the sea of rome , ( as al registers doe record ) and present within your maiesties realme , which are the only materiall points , for which we haue bin , or can be cōdemned : for the sea of rome remayning in the selfe-same state , still indued with the same authoritie , and neither the manner of our creation , or priest-hood it selfe , is any thing altered from that it was . why should it be more treasonable to be made priestes , in the midsomer day of your first yeare , thē the next day before , or the last of queene maries reigne , for neyther doth the pope , nor any other bishop by making vs priests claime or get any more authority in our realme , then they of basill or geneua , by making protestants ministers , nor wee by receauing our orders frō him , acknowledge in him a mite worthy of authoritie , more then euery lay-mā doth through all christendome : & as for othes & promises in receauing holy orders , we neyther take nor plight any but one common to the priests of all nations , vvhich is a solemne vow of perpetuall chastitie , a thing rather pleasing then offensiue to a vertuous queene , who hath for her selfe made choise of a single life . and who then can finde any cullourable pretence to verifie this slaunder more grieuous to vs then death it selfe , that wee are not condemned and executed for religion , but for treason : we being alwaies arraigned & cast vpon this statute of comming into england , being since the first of your maiesties raigne , made priests by the authority of the sea of rome : for what can be meant by religion , if it be not a point , yea and a chiefe point thereof to receaue a sacrament of the catholike chvrch ( as wee acknowledge priesthood to be ) of the chiefe pastovr and prelate thereof , from vvhence vvee can proue all lawfull priest-hood to haue descended this fifteene hundred yeares , & to auouch vs traitors for comming into england , or remayning here is an iniurie without ground , sith in this respect , the statute could not touch vs ( setting priesthood aside ) many comming and going at theyr pleasure , without such supposall of treason : but it is our comming in as priests , that is so highly condemned , & therefore our priesthood and nothing els punished by this law : and howbeit the chiefe deuisers of this , & all the like decrees ( euer seeking to attayne their drifts , against religion vnder some other pretence ) exempted the qveene marie priestes , from the compasse of this statute , by a limitation of time : yet vvas that but a colour to inueagle such eies , as either through carelesnesse woulde not loke , or through weakenesse could not reach to their finall intentions , and little regarded that a few old & feble men , whom neither age , by course of nature , or they by any other acts might sone cut off , so the seed might be extinguished & a new supply of posterity preuented , which by this lawe ( though in vaine ) they purposed to doe . be it therfore neuer so much mistitled with the vndeserued name of treasō , the 〈◊〉 reproch cannot couer the truth frō your maiesties best deseruing insight , which by this cannot but apparantly see , that it is , it vvas , and euer will be religion , for which wee expose our blood to the hazard of these laws , & for the benefit of souls , yeeld our bodies to all extremities . it may be also easily gathered by the weakest wits , what huge treasons they be , for which we be condemned , sith at all our araignements and deaths , we are offred , that once going to church , shuld wipe away the heinousnes of this treason : a curtesie neuer mētioned to true traitors , & a sufficient proofe it was a religious faulte , that is so easily clered by a religious action : yet we must with iust complaint of most vniust proceeding acknowledge , that at the bar many things , ( whereof not so much as our thoughts were euer guiltie ) are besides our priesthood , partly by inditement , partly by some in office laid to our charge , and yet so naked of proofs , or of any likely coniectures , that we can neuer be condemned of any thing , but our owne confession of priest-hood : and hereof the last araignement of three priestes at westminster , euen since the proclamatiō , gaue such an ample notice , as the lord chiefe iustice said ; that though many thinges had bin vrged , yet was hee to pronounce sentence of death against them , only vpon the statute of comming into england , being made priests after the romaine order , since the first of her maiesties raigne : yet it hath bin some time obiected against priestes , that they should pretend to kil your sacred maiesty : a thing so contrary to their calling , so far from their thoughts , so wide of all pollicy , that whosoeuer will afford reason her right , cannot with reason thinke them so foolish to wish , muchlesse to worke such a thing , euery way odious , no way beneficiall . wee come to shed our owne blood , and not to seeke the effusion of others blood . the weapons of our warrefare are spirituall not offensiue , and vvee carrie our desires , so high lifted aboue sauage and brutish purposes , that we rather hope to make our owne martyrdome , steppes to a glorious eternitie , then our deathes , our purchase of eternall dishonour . and who but men vnwilling to haue vs thought owners of our right wittes , vvould abuse your maiesties authoritie , to sooth vpp so great vnlikelie-hoodes , sith none can be so ignorant , how pernicious it vvere for priestes & catholiks , to loose the protection of your maiesties highnesse , and to forgoe present suerties , for vncertaine chaunges . for if any would bequeath his blood to so brutish a fact : if hee were not as much enimy to all men , as to him-selfe , hee vvould at the least haue some apparance of benefite , that might be supposed to ensewe to those , for whose good , hee vvould be thought to haue cast away his life : but none that looketh but a steppe before him , into future accidentes , can thinke it any vvaie auaileable vnto vs , to be bereaued of your maiestie : sith that our hopes are now bent , not vppon anie ●●pected happinesse , but onelie vppon a more intollerable miserie . and although our cause at this present be so hard , that it is the next degree to extremetie : yet vvee see thinges hang in so doubtfull tearmes , that the death of your maiestie vvould be an alarum●● to infinite vprores , and likelier to breed all men to a generall calamitie , then catholikes anie cause of comfort : and therefore vs to seeke it , were not onelie an impietie to our countrie , but a tyrranie to our selues , vvho of all others vvere surest to finde the fiercest encounters of the popular peoples furie , & though vvee could , ( as then no man possible can ) finde a priuie or secret harbour from the common stormes : ) yet whome should vve look vpō that may promise vs any hope or comfort of bettering our fortunes , sith the likeliest to succeede , are further from our religion , then your maiestie euer vvas , and likelier to charge vs vvith a heauier hand , then to lighten the burthen , vvherevvith vvee are alreadie brused , and both your maiesties sex inclined to pietie , and the mildenesse of your owne disposition , rather vvrested by others , then proone of it selfe , too angrie resolution , maketh vs more vvilling to languish in this quartane of our lingring cumbers , then to hazarde our selues to those extreame fittes , that might happilie be caused by the heate of men , more vvar-like and lesse pittying mindes : for nowe our dispairefull estate is much like vnto a vveake and tender castell , beseeged vvith manie enimies , and continually battered and beaten with shotte , in vvhich though the aboade be amongst manie accounted most daungerous and distresseful , yet without it there is nothing but certaine miseries , rest you therefore assured ( most gratious soueraigne ) sith we are deuoted to so harde a destiny , that we neither dare hope for any cause of contentment , or ende of vnhappinesse , we had rather trust to the softnesse of your mercifull hand , ( and next to god ) to rest to the hight of your possibilities , in your fauor and clemency , than by any vnnaturall violen●● against gods annointed to seeke the ruine of your realme , and drawe vpon our selues the extreamest of worldly harmes , in this only we craue admittance of our 〈◊〉 requests , that euill informers rob not our wordes of due beleefe , nor drawe your wisedome to their friuolous feares , wholly grounded in meere fictions , and purposely deuised to our ignominie . nowe whereas he imposeth on some to haue saide , that they woulde take part with the armie of the pope , against our realme , it is a most vnlikely thing , vnlesse it were proceeded out of some fraile toung by force of torture , that was rather willing to say what they seemed to require , than to abide the hel of their intolerable torments , for such is nowe our forlorne estate , that we are not onely prisoners , at euery promoters pleasure , and common steps for euerie one to tread vpon : but mē so neglected by our superiours , and so left to the rage of pittiles persons , that contrary to the course of all christian lawes , wee are by extreamest tormēts forced to 〈◊〉 our very thoughts . it is not enough to confesse that wee are priests : ( for it is seldome denyed ) but wee must be vrged vpon the torture with other odious interogations , farre from our knowledge , much further from our action . we are compelled to accuse those whome our conscience assureth to be innocent , and to cause their ouerthrow by our confessions , to whose souls we 〈◊〉 pastors , and they the fosterers of our bodies . and if we doe not , because without vntruthes and iniuries we cannot answere , we are so vnmercifuly tormented , that our deathes , ( though as full of pangs as hanging , drawing , and vnbowelling vs quicke can make them ) are vnto vs rather remedies , thē further reuenges , more releasing then incresing our miseries . some are hanged by the handes eight or nine houres , yea twelue houres together , till not only their wits , but euen their senses fayle them , & when the soule ( weary of so painefull an harbour , is ready to depart , then apply the cruell comforts & reuiue vs , only to martyr vs with more deaths , for est soones they hang vs in the same maner , trying our eares with such questions , which either we cannot , because we knowe not , or without damning of our soules we may not 〈◊〉 ; some are whipped naked so long , and with such excesse , that our enimies vnwilling to giue constancy the right name , said that no man without the helpe of the diuell , coulde with such vndauntednesse suffer so much . some besides their tormentes haue beene forced to be continually bo●●ed & clothed many weekes together , pyned in their ●yet , consumed with varmine , and almost stifeled with stench , and kept from sleepe , till they were past the vse of reason , and then examined vpon the aduantage , when they coulde scarce giue an account of their owne names . some haue beene tortured in those partes , that it is almost a torture to christian eares to heare it , let it then bee iudged , what it was to chaste and modest men to indure it , the shame beeing no lesse offensiue to their minde , than the paine , though most excessiue to their bodies ; diuerse haue beene throwne into vnsauorie and darke dungeons , and brought so neere staruing , that some for famine haue licked the verye moisture of the walles . some haue beene so farre consumed , that they were hardly recouered of life . what vnsufferable agonies we haue beene put vnto vpon the racke , it is not possible to expresse , the feeling so farre exceedeth all speech . some with instruments haue beene rouled vp together like a balle , and so crushed that the blood sprouted out at diuerse partes of their bodies . to omitte diuerse other cruelties , better knowne by their particular names , to the racke-miasters , and executioners , then to vs , though too wel acquainted with the experience of their smartes . it is not possible to keepe any reckoning of the ordinary punishments of bridewell , nowe made the common purgatorye of priestes and catholikes , as grinding in the mille , beeing beaten like slaues , and other outragious vsages : for to these we are most cruelly enforced at the discreation of such , as beeing to all other despised , vnderlings , take their onely felicitie in laying their greedye commaundements , & shewing their authority vpon vs , to whome euery warder , iaylor , and porter , is an vnresisted lord. thus ( most excellēt princes ) are we vsed , yea thus are we vnhumanely abused , for being priestes , & of our forefathers faith , and of purpose to wring out of vs some odious speeches , which might serue at our arraignments for stales to the people , to make them imagine greater matters than can be proued : whereas neither euill meaning , nor trueth , but torture onely was guide to the toung that spake them , within so hard conflictes of fleshe & bloode , with so bitter conuulsions , is apte to vtter anie thing to abridge the sharpenesse and seuerity of the paine . such vndoubtedly were the wordes alleaged of taking part with the armie of the popes , against our realme , if they euer issued out of priestes mouthes , or else they were spoken by some vnskilfull lay-man , that knowing not howe to aunswere such captious questions , and for reuerence of the chiefe pastour of gods church , not daring to say that he woulde not take part against him , had rather venture his life , by saying too much , than hazard his conscience in not aunswering sufficient . but the ignorance of one must not measure the meanings of all , whom knowledge of our deathes teaches aunswers far different from his , and maketh vs ready to defend our realme , as the catholike subiectes , of you maiesties auncestours , or any other princes were , or euer shall bee . for did we carry so traiterous mindes as our enimies giue out , we coulde not possible bee so cowardly or foolish , as to suffer these tyrannies for nothing , beeing otherwise resolued to dye , and knowing the heads and handes from whence these cruelties proceede , without your maiesties priuities . but as with patience and mildenesse we hitherto haue , and hereafter meane to indure our scourges , hauing no way deserued thē , but by seeking the saluation of soules , and praying for their good that torment vs , so in aunswere of this point , do we assure your maiesty , that what armie soeuer shoulde come against you , we will rather yeeld our breastes to bee broached by our enimies swordes , than vse our swordes to the effusion of our country blood . but let vs now come to the confusion of some that woulde auouch cardinall allen to be pope , and father parsons to the king of spaine , to haue shewed certaine scroles of the names of catholikes , and to haue tempted him to renue the war , by promising many thousands that shoulde be in england ready to aide them , concerning which there needeth no more to be said , but that the penitents that made the confession , knew wel enough that they were not with their right ghostly father , or else they woulde neuer haue committed such a sacriledge , abusing the sacramentes with such vntrueths . for we are assured by their notice , who were more internal & cōuersant with them both , than the authors of this confession euer coulde be , that they are sufficiently enformed of the estates of catholikes , the one by experience , the other by continuall reports of those that goe ouer . and therefore neither in pollicy , in which they are noe punies , nor honesty on which their creeit doth lye , would they deliuer such follies into princes eares , which all protestantes hearing by so many atturneies , ( as all protestants doe ) were able to disproue them of falsehood , for neither are the restraints , and number of catholikes so secret , nor the course to suppresse them so vnknown , but euery prince seeth it an impossibility for them to doe any thing , being as before is shewed , so naked and needy , & euery way so vnprouided . neither woulde they in discreation , ( if they were as they are not ) the motioners of the kings comming , feede them with a vaine hope of thē , whom they at least knewe to be a kinde of broken reeds , sith the more helpe he expecteth , , the lesse he would bring , & happilie builde a maimed plotte vppon a false supposall , to his second ouerthrowe : and if this preparation be greater than euer , why shuld he thē trust to our lesse ability , & the laws daily weakening our strength , & time hourely encreaseth his more than he did at the first assault , whē not any priest nor catholike in englande , was acquainted with his cōming , nor sure of his intent , til the cōmon voice bruted it , & our prouisions ascertained his purposes , & vnlesse they were our enimies they would not in cōmon wisdome shewe scrolles of our names , or promise our assistance , sith they knewe not howe ready our aduersaries at home would be vpō lesse matters to seeke our subuersion , yea though they shuld as we are sure they wil not ( passe so fond promises ) yet could not catholikes but hazarde all their estates in their vncertaineties of forraine war , seeing specially his last ouerthrow , & knowing the enterprise to be such , that eyther the king must stand vpon the strength of his owne force , or the sorrie addition of theyr impotent succour , which can neuer inable him to contriue his endeuours . finally , both cardinal allen , and father parsons , are knowne generally to be men of excellent gifts , and no such nouices in the knowledge of princes intelligencers , as in the weighty pointes of alteration of states , & inuasion of kingdomes , to presume to delude them with impudent assertions , knowen to themselues to be false , as the informer acknowledgeth this to bee . and if effects , the most infallible testimonies of intentions , may beare the deserued credit against naked & vnprouided words of this partiall inditor , father parsons hath by euident demonstrations of a loyal mind , sufficiently cleared himselfe from such vndue suspitions : for hauing by his wisedome & rare parts , purchased more then ordinary credit with the king of spaine . all that haue bin eye witnesses of his proceedinges , can auouch , that he hath vsed the kings fauour euery way to the benefit , but no vvay to the preiudice of your maiesties subiects . the souldiers that in your seruice lost their liberties , and expected no other entertainment , but the customarie pay of professed hostility , was by his meanes an intercession , not only pardoned their liues , but with new apparrell & monie in theyr purses , enfranchised to their full liberties , eyther to stay in the countrie , if they so fancied , or to returne to their owne , if they were so better pleased ; yea whereas by long continued breaches , betweene spaine and england , the name of an english-man was in most parts of those kingdomes , farre lesse loued then knowne : he hath vsed such meanes for the mittigation of theyr enmity towardes vs , that now wee are no lesse welcome amongst them , and more charitably vsed , then in most other nations : whereof not only the quiet of marchaunts , the admittance of our studentes , euen in the hart of our realme , ( both things vnusual in so iealous and suspitious times ) but the singuler curtesie towards theyr professed & known enymies , who are actually taken in a violent enterprise against them , gaue proofe to your maiestie , witnessing how much father parsons hath quallified the dislikes , that wars bringeth forth : for euen the athalantado or cheefe gouernour of the galleyes of spaine , to make manifest that neither the king , nor his nobles had in the heate of their martiall broyles , lost the feeling of theyr auncient league with our countrie , sent into the gallies of our english captaines , the plate and meate from their owne table , that the world by these friendlinesse know , how much better they can vse theyr enimies , then some of your maiesties vnworthy maiestrates , your naturall subiects , and loyall friendes . and though it rest not in a priuate mans power , to stay the endeuours of so mightie a prince , in so generall , and important an enterprise , as is war with england . yet this vvithout presumption may be truely said , that if euer hee should preuaile in that designement , ( as the casualties of warre are most vncertaine , and only ouer ruled by god ) father parsons assisted vvith cardinall allens authoritie , hath done that in our countries behalfe , for which his most bitter enimies , & generally all your maiesties subiects , shall haue cause to thanke him for his seruiceable endeuours ; so farre hath hee inclined furie to clemencie , and rage to compassion . the confi●ent therfore that gaue out these confessions , did it but to sooth vp such credulous auditors as they knewe verie apt to entertaine any rumors against the credit of catholiks , hoping of likelihood to sell them these fables for some benefite of more importance . no no most gratiovs soueraigne , it is not the authoritie of two priuate men , that can carrie away princes , so readie to imploy the manie forces , if they haue not motiues of greater consequence : and whosoeuer considereth our surprising of the kinges townes in flaunders , or inuading his countries in spaine , and portingale , our assisting his enimies against his daughters right in brittaine , our continnall intercepting his treasure , warring with his fleets , and annoying ▪ his indies : shall finde other causes of his comming , euen since his last repulse , then the slender hope of a fewe beggerlie catholickes , or the fainte perswation of two banished men . it is also no small iniurie that is offered to your highnesse , in making your sacred hand , guided by such thoughts as scorne to haue vntruthes the patrone of your actions , to seeme the authour of this sentence : that manye men of wealth professing in your realme a contrary religiō , are knowne not to be empeached for the same , either in their liues , landes , goods , or liberties , but only by paying a pecuniary summe , as a penalty for the time , that ther refuse to come to churches . if this be as truely , as confidentlye spoken , why were the venerable prelates , and other priestes , and gentlemen depriued of their liuings , and pyned in wisbiche : why are all the principall catholikes committed to elye , knowne to the ministers , then to banbury , afterwardes to their owne houses with a short compasse about them , beeing nowe only let loose to verifie a part of this proclamation , and to be easlyer ensnared in the perills thereof , to which euery child may see , they are more subiecte at home , than they woulde be in prison , and if they chance not to be so wary not to be entrapped , effectes will soone proue , ( if your maiesties fauor preuent not the intention of others , that this libertie was ) for a purpose , iust at the comming forth of the proclamation graunted , sith order will soone be taken , that they shall not surfet of being so long free , and if this saying be true , that none are troubled for religiō , what keepeth at this houre at london , yorke , and other places , great numbers of manie poore catholikes in prison , some of them languishing a-way with the commodities of their inclosure , haue by a patient death obtained the best liberty , others yet after many yeeres indurance , for no other cause but for religion , beeing offered liberty if they would goe to church . pining still in painefull restraint , witnesseth to the worlde , with their lingring miseries , the manifest falsenes of this assertion was it not punishment for religion , when a cōpanie of honorable & worshipful ladies and gentlewomen were most vnciuilly led through cheapside , with their priests before them , only for hearing masse , and that before priesthood was enacted to be treason . is not that very statute a most heauy oppression , now when the most of these queene maries fathers that are left , are become so oulde and impotent , that they can not possibly supply catholiks speciall necessities , to make it by law fellony to receiue young priests . are not catholiks shortned by this means frō such helps to which their conscience and religion bindeth them , a torment to vertuous minds , more afflictiue than any outward punishment ? are they not by this tied to this wounding and bitter choise , either to liue like heathens vvithout the rites of christian and necessarie sacraments , for theyr soules health , or to purchase them at the rigorous price of hazarding theyr liberties , liues , landes , and posterities , as in case of fellonie . in points also of our credit , hovv deepely vvee are incurred in respecte of our religion , hovv many experiences make it most manifest ? wee are made the common theame of euery rayling declaymer , abused vvithout meanes or hope of remedie , by euerie wretch with most infamous names : no tongue so forsworne , but it is of credit against vs : none so true , but it is thought false in our defence ; our slaunders are common workes for idle presses , and our credits are daylie sould at the stationers staules , euerie libeller repayring his vvantes , vvith impayring our honours , being sure that vvhen all other matters faile , any pamphlets against vs shall euer be vvelcomed , vvith seene , as allowed . if vvee keepe hospitalitie vvee are censured to be too popular : if vvee forbeare , vvee hoarde vppe monie for secret purposes : if vvee be merrie , vve are ●de vvith forraine hopes : if sad , vvee are 〈◊〉 - content vvith the state at home : if vvee subscribe to articles , it must be called hipocrisie : if vve refuse disloyaltie , in some wee are measured by the eyes and tongues , of such vvhome wee can no vvaie please , but by being miserable : yea , the verie name of a catholike , as they in theyr new testament terme it a papiste , is so knowne a vantage for euerie one , that either oweth them monie , or offereth them iniurie , that they can neyther claime their right , nor right theyr vvronges : but their aduersaries straight leauing the mainepointe , pleadeth against them for theyr recusancie . and thus trauersing theyr suites , often causeth theyr persons to be committed to prison . if any displeasing accident fall out , whereof the authors are eyther vnknowne or ashamed , catholikes are made common fathers to such infamous orphanes , as though none vvere so fit sluces as they , to let out of euerie mans sinke , these vnsauorie reproches : not so much but the casuall fires that sometimes happen in london , the late vprores betweene gentlemē & aprentises , were laid to our charge , thogh the occasioners of both were known so wel that the report against vs , could not but issue from an vndeserued malice : yea hacket a man so far from our faith , as infidelitie it selfe , and a little before so notorious a puritane , that he was of cheefe reckoning among them ; when hys blasphemies grew so great , hys articles so impious , that they made christians eares to glow , and his adherents to blush : then was hee posted ouer to vs for a papist , and so named to vulgar sort ; so common a practise it is to bestowe vpon vs , the infamies of all offenders . i omitte the vniformed shame and contempt , that the very lawes lay vpon vs , condemning the chiefe function of our religion , partly for treasonable , partly for punishable faultes : and pretending an auncient faith honoured in all former ages , to be so detestable a thing , that it should by a solemne statute be thought necessarie to make it treason , to perswade any vnto it . i leaue the slaunders forged against priests , after theyr executions , purposely reserued till the parties were past answering , & then deuulged to make them hatefull . it vvere infinite to lay before your maiesties eyes , all the crosses that in this world wee beare : which to men , whom eyther gentry or nobility maketh tender ouer theyr honours , cannot be but most bitter corrisiues : for they neither dare reuenge their own quarrels for fear of double offence to god & your highnesse , nor hope to haue redresse in ordinary course , so far hath disfauor excluded them , from all needfull remedies : yet must your maiesty be informed , ( so vncharitable are our enimies ) that we suffer nothing for religion , whom onely in respecte of religion these neglected miseries haue made most contemptible euery one doing vs wrong , to please our superiours , whom they see carelesse in yeelding vs any right . nowe howe vndutifull an impeachment it was to the credit of your maiesties words & writings , to publish vnder your soueraigne title , that catholikes for religion are not impeached in their goods or lands , i leaue to effects to proue . and what is our recusancie , or refusall , to be present at their protestants seruice , but a meere matter of conscience , for as there is none so knowne , or vsuall a way to distinguishe any religion from other , as the externall rites and sacraments peculiar to euery one , so can none more effectually denie his owne than by making open confession of a contrary speech by his assistance & present at the solemnities & seruice proper to it . for not onely he that denieth christ in his heart , but he also that denieth or is ashamed of him , shall in the latter day be denied of him before his angells . and seeing men iudge best of our minds , by our actions , we cannot possibly giue any greater profe vnto them , that we are no catholikes , than if we ioine with protestantes , in their churches & seruice , by which , as then most certaine and speciall markes , they thē selues are knowne to be of that opiniō . we therfore , not gainesaid by caluin , melancihō , or any other learned protestant , in this esteeme of voluntary presents , of any in or at the seruice of a contrary sect , a denial of his faith before men which being by christ expressely prohibited cannot but be iudged a meere matter of conscience , & religion , & as such a one as is by vs refused , sith neither pleasure nor pollicie could otherwaies witholde vs , our refusall redounding to our so great trouble and disaduantage , for first ther are twenty pounds by the moneth exacted of such as are to pay it after thirteene moneths by the yere , an account vnusuall in all other causes , as the lawes commonlye read printed and practised witnesseth , and multitudes of the vnabler sort of catholikes daily feele , that al their goods , & third part of their lands are ceased on , for their recusancie that cannot yeerly pay thirteenscore pounds for the same . and this is so perscribed , & performed with such rigor , that it is in the leases of protestants hands by a special prouiso , ordained that recusants should not be so much as tenantes to their owne landes , so seuerely is their religion punished in that behalfe : yea & this lawe hath bin so seuerely executed , that whereas poore farmers and husbandmen , had but one cowe for themselues , & many children to liue vpon it , that for their recusancie hath bin taken from them , & wher both kine & cattle were wanting , they haue taken their couerlets , sheets , & blankets frō their bedds , their victualls & pore prouision frō their houses , not sparing so much as the very glasse from their windowes , when they founde nothing else to serue their turnes withal , which most pittiful abuses pore souls both in the north & other countries , haue bin continually cūbred , no cōplaints taking place , where these outrages were , rather commēded for good seruices , than rebuked for misdemeanours . so irreuocably are we condemned to a seruile bondage . and if your maiesty did but knowe what other extreame penury & desolation , they ordinarily feel , your merciful hart , neuer hardned to see lamētable spoiles would rather haue the lawes repealed , than the execution so intollerable . it is not possible to expresse in words the continual hel we suffer by the merciles searching & storming of purseuants & such needy officers , that care not by whose fall they rise , not hauing any deserts or other degrees , to clime to the hight of their ambition , but by the punishment & paines of poore catholikes . they water their foūtains with the showres of our tenderest vaines , & builde their houses with the ruines of ours , tempering the morter of their foundations , with our innocent blod : our liuings are but snares for the owners liues , commonly made the fee of ery mercenary mouth , that can by sounding our disgraces into credulous eares , procure themselues warrants to seaze vpon our substance . they make our willes before we be sicke , bequeathing to their owne vses , what share they like , & by displāting our ofspring adopt thēselues to be heirs of our lands , beging & broking for thē , as if we were either condēned for fooles , or in perpetuall minority , & not contented with our wealth , they persecute our liues , neuer thinking their possessiō sure , til the assurance be seasoned with our death . so easie it is for our enimies to quench their angry thirste in our blood : yea we are made so common forage for all hungry cattell , that euen the theeues with scutchins & counterfait warrants , haue vnder the pretence of purseuants spoiled vs in our houses , hauing the officers to assiste thē in their robberies , so ready they are at euery ones call , to practise their autority to our vexation , and so well knowne it is to euery way beater howe openly catholikes lye to the pray . and though some very fewe finde more fauor being able to follow it with golden petitions , yet al the rest , whose meaner estates cānot reach the charge of such costly friends , are made common blottes , open to euery chance of the dice , to giue entry to their aduersaries , by their displeasing their owne seruantes & tennantes crowing ouer them , and vaunting that euerie pawne may giue their mate to their highest fortune : for be he neuer so base that playeth with them , with the least aduantage , he is sure that many will backe him in it , and haue the tricke with a sure help , thogh it be the son that taketh against his father , or any faulty drudge that for feare of correction accuseth his master . it were infinite to set downe the laborinth of our afflictions , in which , what way soeuer we go , it is but a loosing of our selues & a vvinding of vs further into an endles course of calamities . let this suffice , that now so heauie is the hand of our superiours against vs , that we generally are accounted men , whō it is a credit to pursue , a disgrace to protect , a commodity to spoile , againe to torture , & a glory to kill . we presume that your maiesty seldome or neuer heareth the truth of our persecutions , your lenitie and tendernes being knowne to be so professed an enimy to these cruelties , that you would neuer permit their countenance , if they were but expressed to your highnes as they are practised vpon vs : yet sith we can bring the ruine of our houses , the consumption of our goods , the pouerty of our estates , & the weeping eyes of our desolate families , for palpable witnesses of the truth of these cōplaints . let vs not be so farre exiled out of the limets of all compassions , as besides all other euils to haue it confirmed with your maiesties hand , that wee suffer no punishment for religion , suffering in proofe all punishments , for nothing els : we haue beene long enough cut from all comforts , & stinted by an endlesse taske of sorrowes growing in griefes , as we grow in yeares , one misery oretaketh another , as thogh euery one were but in earnest of a harder paiment ; we haue some small hope that our continued patience , and quiet effusion of our bloodat your maiesties feete , would haue kindled some sparke of remorse towards vs : but still we see that wee are not yet at the depth of our misfortunes , we must yet tread the restles maze of new agreeuance , sith wee perceaue by this proclamation , that our cause is too farre for being pittied , that it is not so much as knowne , where it can only be redressed : yet sith help neuer commeth too late , to so helples creatures , who dayly are drawen neerely to the brinke of a generall distruction , vvhich some that giue ayme to your maiesty , seeme willing that you shuld discharge vpō vs : we are forced to deuulge our petitions by many mouthes to opē vnto your highnes our humble suits : for neither our selues to present thē in person ( being terrified by the president of imprisonment , that last attempted it ) nor hauing the fauour of any such patron , as would be willing to make himselfe our mediator to your maiestie : we are forced to commit it to the multitude , hoping that amōg so many , that shall peruse this short & true relation of our troubles , god will touch some mercifull hart , to let your highnes vnderstand the extremitie of thē , which if we were once sure to haue beene effectually performed , wee might either set vp our rest , ●n an vnflexable sentence of misery , which we hope shall neuer proceed from so easie and gratious a iudge , as your sacred selfe , or either expect some lenity to allay the anger of our smart , a thing more incident vnto the milde temper of so excellent a minde . in the meane season , we humbly craue pardō of this forced defence , & necessary supplicatiō , which was extorted from vs by open & vnsupportable vntruthes , no lesse needfull for your maiesty to know , thē for vs to disproue ; imploying the vndeserued touch of your maiesties word , & playning the direct path , to our intended subuersion ; accept it therefore ( most mercifull princesse ) and all our humble duties & faithes with it , which with most loyall thoughts , & seruiceable resolulutions , are vnfainedlie betrothed to your maiesties defence . god of his infinite goodnes prosper and preserue you to his glorie , your subiects comfort , and your own , both temporall and eternall happinesse . december . anno. . finis . a speech made in the house of commons the th day of october, (upon the reading of the scotish papers the same day, in reply to the votes of both houses of parliament of the th of sept. concerning the disposall of the kings person) / spoken by thomas chaloner, esquier [sic], a member of the said house. chaloner, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a speech made in the house of commons the th day of october, (upon the reading of the scotish papers the same day, in reply to the votes of both houses of parliament of the th of sept. concerning the disposall of the kings person) / spoken by thomas chaloner, esquier [sic], a member of the said house. chaloner, thomas, - . england and wales. parliament. house of commons. p. s.n., [london : ] caption title. place and date of publication from wing. reproduction of original in huntington library. eng england and wales. -- parliament. -- house of commons. great britain -- history -- charles i, - . great britain -- history -- civil war, - . a r (wing c ). civilwar no an answer to the scotch papers. delivered in the house of commons in reply to the votes of both houses of the parliament of england, concern chaloner, thomas c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a speech made in the house of commons the th day of october . ( upon the reading of the scotish papers the same day , in reply to the votes of both houses of parliament of the th . of sept. concerning the disposall of the kings person , ) spoken by thomas chaloner , esquier , a member of the said house . mr. speaker , you have just now heard two papers read before you from the commissioners of scotland , the first concerning the disposall of the kings person , the other touching the distractions of the north , by reason ( as they say ) of the non-payment of their army : i shall speak nothing to the latter , because it hath beene so sufficiently answered by divers knowing members of this house . to the first i shall wholly apply my selfe , because little or nothing hath beene said to that point . the question then before you is , about the disposeall of the kings person , you say that , hee is to be disposed of as both houses of parliament shall think fitting , but your brethren of scotland say hee is to be disposed of as both kingdomes shall think fitting , and they fortifie their affirmation with these reasons . they say that he is not only king of england , but also king of scotland , as you have an interest in him , hee being king of england , so have they no lesse interest in him hee being king of scotland . and as they have not the sole interest in him , hee being king of scotland , because they acknowledge with all , that hee is king of england , so have not you the sole interest in him , he being king of england , because they desire you to remember , that he is also king of scotland : so as neither nation having a sole , but a joynt interest in his person , they ought joyntly to dispose of it for the weale and benefit of both kingdomes : this i take to bee the whole scope of their argument which they have represented unto you under so many disguises , and as it were by multiplying glasses , insomuch as the bare relating of it takes up three large sheets of paper . but while they debate this great question with you , touching the disposall of the kings person , and while they possitively affirme , that he is to be disposed of by the joynt consent of both nations . give me leave to remember you that in the meane time , they dispose wholly of him themselves , and so have done for these six months , and may for six months longer , for any thing i can gather out of these papers . their argument runs thus . wheresoever the kingdome of scotland hath an interest in there king , there they may dispose of him . but the kingdome of scotland hath an interest in their king , he being in england . therefore in england they may dispose of him . sir , this may seeme at the first to some to be a faire and specious argument , but let it be well considered , it will prove erronious and fallacious . for in the major proposition they understand one thing by the word king , and in the minor proposition they understand another thing by the word king , and so here is a conclusion inferred , which the premisses will not warrant . for the cleering whereof , i pray sir , remember that this word king is of a various signification , sometimes it is taken in abstracto , that is for the royall power , function , and office of a king , sometimes it is taken in concreto , that is for the man or person whom we call king . if their major proposition be taken in the first sense , we shall never deny it them , nay wee shall acknowledge that the king of scotland being taken in abstracto , wee have nothing to doe with him at all , hee is solely and totally theirs ; god forbid that a king of scotland going out of his kingdome , should either make scotland cease to bee a kingdome , or give any participation of interest to that countrey where hee doth reside , let his person reside in the furthest parts of the earth ; yet the royall office and capacity of the king resideth still in scotland , they have his sword to do iustice by , they have his scepter to shew mercy by they have his seale to confirme what they please by : and they have his lawes to governe by ; and in this sense it is only meant that the king is never under yeares , never dyes , cannot bee deceived , can neither do wrong , not take wrong , of any body ; and in this sense we fight for king and parliament , though the person of the king bee in opposition to both , and in this sense the returnes and tests of the kings writs are , coram me ipso apud vvestmonasterium , and teste meipso apud vvestmonasterium , let the person of the king at the same time be in france , or the remotest country of the world ; but a king of scotland taken in this sense is never out of scotland , and therefore whereas they say in the minor proposition . that the kingdome of scotland , hath an interest in their king , he being in england , this must needs be meant of a king in concreto , that is onely of the person of their king , and not of his royall capacity , and in this sense we must deny that they have any thing at all to doe with him . for though the royall office of the king of scotland is solely to bee disposed of by the state of scotland : yet it is not so with his person . for persona sequitur loc●m ; and his person must be disposed of by the supreame power of that country wheresoever he shall happen to abide . suppose a king of scotland should bee in spaine , will they say , they have as great an interest to dispose of his person there as in scotland , i thinke they will not say so : and yet they did affirme last day at the conference , that they had as good right to dispose of his person at westminster , as they had at edenburgh . but under their favour england is as distinct a kingdome from scotland as spaine : it is as distinct in lawes , distinct in priviledges , distinct in interest , it is neither subordinate , nor dependent of scotland , and they can no more dispose of a king of scotlands person , he being in england , then if he were in spaine . i shall take this as granted for good law , that let the person of any nation under the fun , which is in amity with england , happen to come into england , that person is forthwith a subject of england for hee being protected by the lawes of england , hee becomes thereby subject to those lawes , it being most certaine that protectio trahit subjectionem , & subjectio protectionem , they being relatives , the one cannot stand without the other , and as no man can be said to be a father that hath no son , nor no man a husband , that hath no wife , so no man can bee said to bee protected , that is not withall thereby subjected . and since without such protection every man may kill him , and destroy him . it seemes to stand with no proportion of justice , that a man should bee protected in life , limbe , or estate by any law that will not subject himselfe to that law . it cannot bee denyed , but that there is a twofold subjection legall , and locall , the legall subjection is due from every subject to his naturall prince , the locall from any forreigner to that prince or state where his person doth reside . and this , though it be onely pro tempore , and the other , during life : yet it doth for the time totally obstruct the operation of the other subjection : so that no king can command any subject of his , living out of his kingdome , but such subject of his , is to bee disposed of , by the sole authority of that supreame power , where hee makes his residence : and since the question is onely about the person of a king of scotland , for i conceive they will not take upon them any authority to dispose of the person of a king of england , i doe affirmc that if a king of scotland should have come into england , before the union of both these kingdomes , hee had beene instantly a subject of england and his person to bee disposed of by the sole authority of the lawes of england . for either wee must take him as a king or a subject , since betwixt them two there is no medium , as a king wee cannot take him , unlesse wee should commit treason against our naturall prince , and subject our selves to any but to him , it being most certaine , that there is the same relation betwixt the king and his subjects , as betwixt the husband and his wife , and as no man can be said to be a husband but his own wife ; so no man can be said ●o be a king but to his owne subjects , and therefore we cannot admit of any regality in the person of a king of scotland comming into england , unlesse at the same time , to the same person we should confesse subjection . for that it is most true , that as none can be said to be rex sine regno , so no man can be said to bee rex but in regno : therefore if a king of scotland comming as afore said into england , if against the lawes of england hee doe offend , by those laws of england he must be tryed , and by none other , for ubi quis delinquit , ibi punietur , and it is most sure , that we have disposed of the persons of kings of scotland comming into england both living and dead . and if wee may dispose of the person of a king of scotland without the consent of the kingdome of scotland , much more may wee dispose of the person of a king of england , hee being now in england without their privity or advice . but if they have any power to dispose of him , it is because they are either our masters or our fellows : if they be our masters , let them shew the time when they conquerd us , or the price for which we were sold unto them : if they be our fellows , why come they not to our parliaments , why contribute they not to our necessities ? but as it is apparent that they being two distinct kingdomes , governed by two distinct lawes : so they ought not to intermeddle one with anothers interest ; but to content themselves with what doth naturally appertaine to each of them severally . there is no doubt to be made , but that every husband hath as great an interest in the person of his wife , as any subject hath in the person of his soveraigne ; and yet a man may lose that interest by some act of his wives , as if she commit felony , murder , or treason , the law disposeth of her person , and her husband cannot claime any right , so much as to her dead body : so fareth it with a king , who by going out of his kingdome , or by being taken prisoner by his enemies , his subjects lose the interest they had in him , and he is at the disposall of his enemies iure belli . iohn king of england was cited to appeare at paris to answer for the death of arthur plantagenet duke of britaine whom hee had murthered ; the state of england would not let him goe , as holding it a great indignity and incongruity that a king of england should answer for any thing at paris right or wrong ; the french answered that they cited him not as king of england , but as duke of normandy ; as king of england they acknowledged to have nothing to doe with him , he was in that respect without them and beyond them ; but as duke of normandy which he held in fee of the crown of france , he owed fealty and allegiance for the same to the crowne of france , and therefore ought to answer . the english replied , that if the duke of normandy did goe , the king of england must goe ; and if the duke of normandy were beheaded , they knew well enough what would become of the king of england ; upon large debate hereof by all the lawyers in france it was resolved that if iohn had been in normandy at the time of his summons , he ought to have appeared ; but he being extra jurisdictionem reg●i franciae at the time of his summons , and infra jurisdictionem regni angliae , though legally he were a subject of france , yet locally he being in england , his summons was voyd , and hee forfeited nothing by his non-appearance . i will onely urge one argument more deduced from a knowne maxime of the law , not of england but of scotland also , which the commissioners of scotland the other day at the conference did cite themselves , in my opinion much against themselves , and that is this , quando duo iura , imo duo regna ( sayth a great lawyer ) concurrant in una persona , aequum est ac si essent in diversis , which is no more then this , when two kingdomes held by two distinct titles doe concur in one and the same person , it is all one as if they were in two distinct persons . i suppose here is our very case , here are two kingdomes . england and scotland , held by two distinct titles , which doe both concur in one person , in the person of king charles ; it is all one sayth this rule and maxime of the law , as if they were under two severall persons ; why then put the case , that there were one king of england and another of scotland , should the state of scotland have any thing to doe to dispose of the person of a king of england , he being in england ? i thinke you will say they could not . sir , i am sorry that our brethren have moved this question at this time ; for all questions make debates , and debates differences ; and this were a time for brothers to reconcile differences rather then to make them ; we have now lived yeeres , both under two princes , and in all this time this question was never stirred in , till now ; had it been stirred in , no question but it had been rejected . the people of england would have held it very strange that they could not have disposed of the person of their owne king , or that a king of england could not have gone from whitehall to richmond or hampton-court without the will and appointment of the councell of scotland : they would have thought they had made an evill bargaine by such a union . for before the union they might have disposed of the person of their prince ; but after , not . and since they conceived that by the addition of scotland there was an addition of charge ▪ they would have been very sorry withall to have had an addition of servility . since the beginning of the world there was never before such a contention about the person of a king . the greekes and trojans did contend for a long time in fight about the dead body of partroclus which of them should have it . but here is not a contention about the dead body of a private man , but about the living body of a king ; neither doe we contend as they did , who should have his person , but here you do contend ( as farre as i conceive ) who should not have it . your brethren of scotland say positively they will not have the kings person upon any conditions whatsoever . it is now above six moneths past that you voted in this house the demanding of the kings person , but the lords refused to joyne with ye ; ever since untill this present you your selfe did acquiesce as if you had repented of your former vote ; now he must be put upon you , and with such termes as his present gardians please to allow of . truly it seemes strange to me , that an army of scots in pay of the kingdome of england , which by the treaty ought to be governed by the joynt consent of the committees of both kingdomes upon the place , should in england take a king of england without the privity of the english committee , and convey him to newcastle a towne likewise of england , and should there keepe him for six whole moneths without the consent of both houses of parliament . and when they finde it not convenient for them to keepe him any longer , then they will capitulate with you upon what conditions you must receive his person . i never thought to have found a king of england his person being in england , under any other protection but that of the lawes of england ; but now i finde him under the protection of a scottish army , whether they say hee is fled ; for shelter , and that they cannot render him up in honour . sir , if that army of theirs be come into this kingdome as brethren , friends , and confederates ( as we hope they are ) then is every person of that army during the time of his stay here locally a subject of england , and such children as are borne to them here are not aliens but denisons , and not onely locall but legall subjects of this kingdome . and therefore they having gotten the king into their hands , they ought no more to capitulate upon what terms he should be delivered into yours , then if the army of sir thomas fairfax were in possession thereof , who if they should deny the surrendring of the king unto you , but upon condition , no question but it were capitall . they say , that by vertue of the covenant they are obliged to defend his person and authority . what his authority is in scotland themselves best know ; but you onely are to judge of it in england , since being not subordinate to any power on earth , there is no power under heaven can judge you . the covenant ties you to maintaine in the first place the rights of parliament , and the liberties of the kingdome ; and in the second place the kings person and authority ; and that onely in defence of the former , and not otherwise . and whereas they expect the king should be received by you with honour , safety , and freedome , i beseech you , sir , consider whether ( as the case now stands ) his reception with honour can stand with the honour of the kingdome , whether his safety be not incompatible with the safety of the common-wealth , and whether his freedome be not inconsistent with the freedome of the people . i pray ( sir ) take heed least that bringing him in with honour you doe not dishonour your selfe , and question the very justice of all your actions ; be wary that in receiving him with safety you doe not thereby endanger and hazard the common-wealth ; be advised least in bringing him home with freedome , you doe not thereby lead the people of england in thraldome . i pray ( sir ) first settle the honour , safety and freedome of the common-wealth , and then the honour , safety , and freedome of the king , so far as the latter may stand with the former , and not otherwise wherefore i shall conclude with my humble desire that you would adhere to your former vote that is , that the king be disposed of as both houses of parliament shall thinke fitting ; and that you enter into no treaty either with the king or your brethren of scotland , least otherwise thereby you retard the going home of their army out of england . finis . a pair of spectacles for this purblinde nation with which they may see the army and parliaments like simeon and levi brethren in iniquity walk hand in hand together. or a perspective to take a view of the army, and parliaments political combination in betraying their countryes priveledges. by h.m a true friend to this nations liberties. h. m. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a pair of spectacles for this purblinde nation with which they may see the army and parliaments like simeon and levi brethren in iniquity walk hand in hand together. or a perspective to take a view of the army, and parliaments political combination in betraying their countryes priveledges. by h.m a true friend to this nations liberties. h. m. [ ], p. [s.n.], london : printed in the year, . title page printed in red and black. annotation on thomason copy: "june. ". variant has "to take a view of the army, and parliaments" in title. reproduction of the original in the british library. eng england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a pair of spectacles for this purblinde nation with which they may see the army and parliaments like simeon and levi brethren in iniquity wa h. m. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a pair of spectacles for this purblinde nation with which they may see the army and parliament like simeon and levi brethren in iniquity walk hand in hand together . or a perspective to take a view of the army , and parliaments political combination in betraying their countryes priviledges . by h. m. a true friend to this nations liberties . semper ego auditor tantum ? nunquamne reponam . london : printed in the year , . to the mungrel new athenian republican tyrants , or the pretended parliament ( if it needs must be so called ) at westminster . i shall assume the boldness to speak a little unto you , ( o you men of westminster ) and i pray observe my words , if providence shall please to bring this my paper unto your view . and first , let me desire of you not to be angry , if i speak rather to profit then to please you , forbearing altogether those false and clawing expressions which your adorers use when they address themselves to speak unto you : i dare not tell you of any humble tenders of my small constant devotion to serve you in your way , for i am sure 't is not the way of christ and god , nor can i acknowledge your spurious good old cause under the pretence of reformation and preservation of church and commonwealth ; for i know no such matter , but rather the direct contrary . this being premised , i do now address my self unto you for the present in this manner . tell us , o unhappy men that have been the principal instruments of all our woes , and have given life and motion to all our miseries . . with what impudence could you affirm that there was a necessity to dethrone his late highness , and to abolish the free choise and election of the people , the representatives : it hath been observed that in all innovations and rebellions ( which ordinarily have their rise from pretences of religion or reformation , or both , ) the breach and neglect of laws hath been authorised by that great patroness of illegal actions necessity . but let that great rule be received , that no man can be necessitated to sin , our divines generally damn an officious lie , and the equity binds from any officious sin ; it would soon cut the nerves of the eighth commandment , if necessities and urgencies , though real , were propounded a sufficient excuse for stealing ; but that ( which you ) the jesuitical powder-traitors call necessity , is no more then necessity of convenience , nor so much , except we interpret that convenience , may favour your own ends , and so is convenient for your design ; but you use necessity as the old philosophers did an occult quality , though to a different purpose ; that was their refuge for ignorance , this is your sanctuary for sin . it is a maxime that you have out of livy to maintain that , that war must needs be just that is necessary , and those arms pious that are all our livelyhood ; i must confess it was a thing very incongruous in the late interrupted parliament , to desire that those ungratefull men should leave their crutches , and to walk without them ; 't is no less unnatural to invite these gentlemen to quit their swords whose lives and fortunes lean intirely upon them , and that this juncto of tyrants who will admit of no rule to govern by , but their own wills ; we know it was the unhappy misery of athens , when it suffered under the thirty tyrants : you that take to your selves the title of the lords worthies , forsooth , but good names do not alwayes prove good men , titles without truth , serve but to enhance and disexcuse damnation . . tell me , you cursed cannibals , was not his late highness proclaimed as protector and supream magistrate by the commanders in chief of the army , in the greatest solemnity imaginable , first at the exchange in london , westminster , and afterwards through the three nations , with the greatest testimonies of the souldiers good will and liking , and of the peoples reception and entertainment with a nemine contra dicente ? . have not the officers and souldiers of the army afterwards upon more serious deliberation addressed themselves unto the protector as a supream magistrate , and so did further thereby oblige themselves , and by such a kinde of transaction subject themselves by way of the most solemn engagements unto him as supream magistrate ? . did not our addle-brain'd senators fleetwood , desborow , lambert , cobling hewson , cooper , thimbling barkstead , bury , and the rest of their confederates , swear to be true to him as protector , and how hatefull to god and men , yea , to the very heathen have such things been , ezek. . , , , . speaking of the faith which the hebrew kings had given to the babilonian , shall he prosper , shall he escape that breaks the covenant and be delivered , ver. , . as i live saith the lord god , surely in the place where the king dwelleth that made him king , whose oath he despised and whose covenant he brake , even with him in the midst of babilon he shall die , seeing he despised the oath by breaking the covenant , and hath done all these things , shall he not escape . . tell us you sear-soul'd men that will swear pro and con , tell me what an oath is ? is it not a religious affirmation , a promise with gods seal , and therefore it should concern christians to be cautelous before swearing to swear liquidly , and to observe conscionably , 't is pity such slender evasions should satisfie us as hath been scorned by heathen ? sad experience tell us how that you english tigers , in propounding of oaths , requiring promises , and other solemnities , have induced multitudes to binde themselves upon some secret , loose and mental reservation , which you have framed to your selves as a salvo in case of breach : but i see these babylonian sprats have advised more with corrupt wit , then sound conscience : t is an huge advantage that you ( delphick devils ) have in this world that can easily say and swear to any thing , and yet withall so palliate your falsifications and perjuries , as to hide them from the connusance of most . i know conscionable lenthal hath already defended your perjuries with this axiome ; that though you swore ( sayes he ) to a thing not materially unlawfull , if it impedes a moral good , it becomes void , and though you have taken liberty to swear , yet in my judgement ( sayes he ) the person to whom you swore was incapable of an oath ; just as cicero defends the breach of an oath to a thief , from perjury ; and brutus to a tyrant ; as it is in appion , the athenians esteem it an honest perjury to violate their faith with tyrants . i see it is not difficult for you to cast your desires into such soft glib expressions , as will down with most of you ; yea , with many that would absolutely disavow the same thing in rough language . o countrymen consider whether this way wherein you have gone be not also contradictive to the law of the land , and against common equity , to practice the taking away from any one that which comes unto him by lawfull inheritance , succession or just election ? whether you would not so judge it , if any should divest you of what was left you by your parents ? indeed if men come to power and authority by fraud and violence , as you our new masters have done , and for you to concur in oppressing the supream magistrate , and in taking from him what belongs unto him , if conscience be suffered to make report , it will be confessed to be the highest injustice ; for as to detract from the standard which is the rule of measures , is the greatest sin ; so it is to detract from carolus rex , or protector richard , who are the standards of righteousness in this kingdom ; and for these incarnate devils , to subject , dispose both king , protector and people to their own lawless arbitrary power and government , which is but the product of a rabble of vanish'd libertinism , quakers , monstrous anabaptists , king-killers , covenant-breakers , jesuites , seminaries and papists , old gunpowder traitors contrived that good old cause , treason beyond the seas , and in private secret conventicles here , but now avowed in open general councels of the army , by whose design it is and alwayes hath been to alter the whole frame of monarchy ( both of church and state ) which is the best of governments , deut. . . being that of god himself over the whole world , psal. . . and of christ himself in and over his church , psal. . . o god brand these jesuitical , popish , antichristian practises with the highest temporal punishment , eternal torments and condemnation in this and another world . . did the late protector ( for so it seems he must be called ) ever give any ground at all for you gentlemen , to dethrone him and protest against him and his government . i could wish and many thousands more , the reasons might be seen , for nothing hath passed or bin observ'd by diligent observers , that might render him unlovely or inacceptable to any person whatsoever : however if there be any grounds or considerations that might induce the army to such a grand transaction as this : first to reject and slight him , and then to give reasons , ( if there be any ) is to hang a man first , and to try him afterwards , seeing there can be no substantial grounds , as it s presumed there none can be , even as little as you may blame the sun for running his course , so harmelesse hath he been : whether then there hath been in any age more unfaithfulness , injustice , greater covenant-breakers , persons so rebellious , men that have rendred the blessed gospel of christ , and professours thereof , more uncomely , then this adulterous generation hath done , let the world judge ; for indeed they have already given their verdict in the case , which more is the pity . that mammonistical hypocrite , hon. vane , had the impudencie to affirme to the rest of his sociates , that they might without want of modesty and duty depose him , & return to the discharge of their trust : is not this a transparent figment ! who trusted them , the people ? but the people since have delivered their trust elsewhere , for when his late highness did send out writs , the people might have staid at home , there was none forced to choose ▪ but freely they have elected others , & if so be the free choice and election of the people make a parliament , & they are also free to choose , as often the providence of god shall put opportunity into their hands , then it s very doubtful , whether this be any other thing then onely a parliament so called , the people having freely declared otherwise : are these the onely persons whom god and the law hath trusted , and may they do what their own i●clination and fury leades them to ? can it be presum'd that they were trusted with a power to destroy and dissolve our antient setled government by kings , lords , and commons , to a sneaking oligarchial tyranny , under the bare name of a bastard good old cause , which is as changable as the addle heads that contrive it , and to make themselves perpetual dictators over the protector and his people ? what doe you intend that the law it self shall be subject to your votes , and that whatsoever you say or do should be lawful , because you declare it so ? seeing that these hellish designes and actings of a malignant party of this kingdome , working to regard the progresse , or subvert the being of the true protestants , and therein to bereave us of all our hopes of reformation , or future peace or happinesse to this church and kingdome ; it shall be a peece of my daly oraizons , that god would brand these iesuitical doctrins with the markes of perpetual scorn and indignation . ly . are not these our new state-mongers or this parliament ( if it needs must be so called ) like to infringe the peoples rights , and give lesse satisfaction than one single person with a parliament ? for my reason is , this parliament of . or . or there abouts , and more senators besides , have every one of them a long train , there is never a one but is a file-leader , that is , hath at least . or . in a family , to be provided one way or other , and all hungry as hawkes , ready to catch at any thing , and nothing will serve but the blood of the people , for they must be fed with something ; a reason it is against the standing rules of reason , the professed principles of the army , for any power or authoritie to have the militia and the command of the peoples purses which these cormorants hath , which is both destructive and pernicious . though the command of the peoples purses was never desired or practised by a single person , and was not the government setled by parliament , under one head ? to execute the laws of the government so made by parliament , more pleasing and rational , than to have a body consisting of so many knaves , drunkards , and whore-masters , which is monster like . i desire all christian people to consider also the condition of this factious generation , that have done more disgrace and wrong to chrifts gospel , than ever was offered since christs time : never did any in so short a space ascend to that zenith of villany , as they have done , or pretend more godlinesse , with the practice of so much wickednesse . i confesse they promise fair , like those galathians whom st. paul writes unto , they begin in the spirit , with the mention of sin and mercy ; they have the faces of men , but observe them well , we shall find they have the teeth of lions , and the tail of scorpions : my endeavours shall be on purpose to detect their wiles , that men may avoid them , and not be hurt by them , for they have got above board in these times , and stile themselves in their scandalous pamphlets , the army of god , gods only good children ; but in very deed their works speak them not to be of god . la●my may their name and title properly be . we have two grand impostors amongst us rogers , and canne , who are very zealous in their scurrulous pasquils for that whorish old cause , which is only to revive that tragedy which mr. hocker relates of the anabaptist in germany ; who talking of nothing but faith , and the true fear of god , and that riches and honour were vanity , at first upon the greater opinion of their humility , zeal , and devotion , procured much reverence and estimation with the people : a●ter finding how many persons they had ensnared with their hypoc●isie , they began to propose to themselves to reform both the ecclesiastical and civil government of state ; then because possibly they might meet with some opposition , they secretly entred into a league of association ; and shortly after ( finding the power they had got with the credulous people ) enriched themselves with all kind of spoyl , and pillage , and justified it upon our saviours promise , the meek shall inherit the earth ; and declared their title was the same which the righteous israelites had unto the goods of the wicked egyptians . this story is worth the reading at large , and needs no application . for the avoiding of this shadow of religion , i shall add an antidote : external holinesse invites awful regards : there is no mask that becomes rebellion , innovation , so well as religion ; nothing that so much conceals deformity , and pretends beauty . 't is an excellent thing so to dissimulate piety , that when we act strongly against it , in that very artick of wickednesse the people saint us . herod would fain worship , when he means to worry . this is that which leads the world in a string , that hallows the most hellish enterprises : for the common people ( which are the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) never see behind the curtain , a handsome glosse is with them as good as the text : ( 't is the ethick of these hypocrites ) let us injoy the temporal advantages of religion , and let others take the eternal ; let us use it for a cloak or a crutch , and let others expect from it a crown . the river atheneus is my embleme , whose upper waters were sweet and gratefull , but towards the bottom brackish ; but let all sober christians know , that this shell of religion ( which our new masters do so hotly persue ) though it may be of external conducement , that there is nothing that gods pure and undeluded eye looks on with more abhorrency : we may possibly deceive men , but it is in vain to put ironies upon god . a counterfeit religion , shall find a real hell , and 't is pitty that such a sacred thing should be violenced , and made subservient to rebellious irregular designs . as for you gentlemen , who have conspired with the wrath of god in the stupefaction of your conscierc●s , though you may for a time struggle with those inward checks , yet there will be a day ( if not in this life ) when that witnesse , that judge , that jury , will not be bribed . god hath fixed it in the soul , as an internal register , as an impartial diary , as the censor of the affections , and the pedagogue of the passions , and you that have by an inveterate wickednesse conquered the oppositions which god seated in your hearts to sin , may possibly consult well with your present advantage and greatness , but not at all with his future comforts , for besides the losse of that intimate pleasure which waits upon innocency . there is another wile that these gibeonites have to seduce multitudes , and is so prevalent with most people ; their successe in all enterpises , as their demi-god rogers , the forge and bellowes of sedition , infernal emisarie , stiles in his pamphlet against mr. prynne , the blessed and successefull parliament . seeing it is so great a plea with these men , i will first shew , that successe is no argument of a good cause ; and then , that the wickedest men have most used it . concerning the first , david in the psalm , describing the outward estate of evil men , sayes , they were successfull in their affaires ; insomuch that the people thereupon came in apace unto them ; yea , so prosperous they were in their way , that in a manner , he was non-plus'd at the matter . and jeremy the prophet argues with god about the same thing , jerem. . why it should be so , that they who dealt very treacherously , should be so very happy ; whose conditions also in another place he describes more fully in these words , jeremy chapt. , . among my people are found wicked men , who lie in wait , and set traps and snares to catch their brethren , their houses are full of deceit and wrong , yea , they do ( in their justice and cruelty ) surpasse wicked men : they take upon them to be judges , and yet judge not the cause , no not so much as the cause of the fatherlesse , or the right of the needy ; and yet they prosper , are become great , grown rich , waxen fat , and shine . here was prosperity we see , here was successe , but no honesty , no goodnesse . in the . of daniel , . certain vile persons ( so intitled ) are prophesied of , who should do much mischief against the holy people , whom they should kill and destroy , and speak blasphemous things against the god of gods ; they should honour onely the god of forces , i. e. they should trust only in their militia , or strength of weapons , for safety and protection : ( all these it seems , are the conditions of vile persons , and should prosper for an appointed time , untill the indignation be accomplished ( saies the text ) which was determined to be done . ) vve know that cain prevailed against abel , yet abel was the better man , and offered the better sacrifice : nay the pharisees ( we know ) prevailed against christ himself for a season , had their wills of him , got him crucified by the common vote and consent of the people , even according to the desires of their own hearts . and from hence it was believed by a great many , that christ was even such a man as his enemies reported him , a deceiver , and a malefactor : & that it was the judgement of god upon him for his sins . he was despised , rejected of men , esay . . hence it is that some of his disciples themselves were so staggered at the matter , that even they made a question , whether he were the man whom they took him to be , because of that successe which his enemies had against him . indeed it is the humor of men to passe sentence upon others , from a view of their outward conditions ; if they prosper , then they conclude them good , and beloved of god ; if not , then wicked presently . when the viper was seen hanging on st. pauls hand , he was judged a murtherer immediately , and the worst of men in all the company . does not scripture throughout , and dayly experience both , inform us , that the best men are usually the most afflicted ? and thus we see that to argue from successe is but a weak kind of arguing . but i shall proceed to the next place , that the worst men have alwayes been wont to plead this argument ; one or two examples amongst many shall be alleged to this purpose . the scripture tells of rabshaketh , when he moved the people of jerusalem ( as these men do us ) to make a general revolt from good hezekiah , he pretended that god had set him on work , and had said , go up against this land , and destroy it , and his main argument was , his masters extraordinary great successe , isay . . , . to which purpose he reckoned up ( as our tyrants doe ) a great many cities and castles which he had taken , as hamah , and arphad , sepharvaim , and ivah . and so the turks to this day argue against the christians , that their religion excells ours , because they have prospered better , and prevailed more than we have done . indeed there is no argument more popular than successe , because the bulk of men is not able to distinguish the permission of god from his approbation : and although it be in it self fallacions and feeble , yet the misery of the conquered denies them the opportunity to dispute it ; for the opposition of the sword will never be confuted by the bare fist of logick . i wonder that any would be so importunate to preach laws and moral reasons to these men with swords by their sides ; who are like those in livy ; that all laws are engraven on the hilt of a victorious sword , to whose mandamus all other statutes must submit . but our new masters by quoting the successe of their undertakings , besides the plausiblenesse and insinuating nature of the proposition it self , have the advantage of power to make us believe them ; nor is this bait contemptible ; many of parts and prudence , yea and of religion , have been staggered by it . the heathen could say , happy piracy is a thing of unhappy presidency ; fortunate sins may prove dangerous temptations ; but for these men to say that god doth signally attest the actions of their persons , or the justice of their cause , by permitting it to prosper and taper up in the world , is such a deceit , as deserves our serious abhorrency . and now ( reader ) let us mix our prayers , that god would for ever banish this cur●●d policy out of europe , and the whole christian vvorld ; and damn it down to hell , from whence originally it came : and let such as delight to abuse others , think of that self-cousenage , with which in the interim they abuse themselves . god permitting the devil to revenge the imposture . and whilst we are busie with politick stratagems , and tortious arms to invade the rights of others , let us all consider , that this is not the violence which takes heaven . it is manifest that we are fallen into the dregs of time , we live in the rust of the iron age , and must accordingly expect to feel the dotages of a decrepit vvorld : what is become of truth , sincerity , charity , humility , those antiqui mores , whether are they gone ? did they attend astraea , and have left such degenerous successors , as cruelty , pride , fraud , envy , oppression , & c ? o god be thou pleased to magnifie thy power , and thy mercy in converting these men , bring them upon their knees , ( good lord ) before thee and before the nation , and perswade their proud and rebellious spirits , to beg pardon for all their evils done , and to this end let them feel that hell which is in their own bosomes , let the blood which they have shed cry , and the evils they have committed roar within them ; let them seriously think of those devouring flames , of those everlasting burnings , upon the worm that never dieth , and upon the fire that never shall be quenched . finis . die sabbathi, . may, . the commons being informed that many souldiers listed, and in pay under the command of the lord generall, the earl of essex, do daily withdraw themselves to the great prejudice of the present service ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die sabbathi, . may, . the commons being informed that many souldiers listed, and in pay under the command of the lord generall, the earl of essex, do daily withdraw themselves to the great prejudice of the present service ... england and wales. parliament. house of commons. sheet ([ ] p.). printed for edw: husbands., london, : may . . title from caption and first lines of text. reproduction of original in the henry e. huntington library. eng england and wales. -- army -- regulations. absence without leave -- great britain -- early works to . great britain -- history -- civil war, - . broadsides -- england -- th century. a r (wing e a). civilwar no die sabbathi, . may, . the commons being informed that many souldiers listed, and in pay under the command of the lord generall, the e england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , . may , . the commons being informed that many souldiers listed , and in pay under the command of the lord generall , the earl of essex , do daily withdraw themselves to the great prejudice of the present service , and to the disturbance of the most of the county whither they do resort , do order that the deputy lievtenants , constables , and other head officers , or any one or more of them , of every county where any such souldier or souldiers shall be found , do forthwith cause him or them to be apprehended , examined , and imprisoned , and with all convenient speed shall cause such souldier or souldiers to be safely conveyed at the charge of the county to the lord generall , or to such captain from under whose command hee shall have so withdrawn himself . and it is further ordered that all captains , and officers of trained-bands and voluntiers , and all head-officers , constables , and all other persons whatsoever , shall be ayding and assisting to the said deputy-leivtenants and iustices of the peace , or any one or more of them in execution of the premisses , as they will answer the contrary at their perill . ordered by the commons assembled in parliament , that this order bee forthwith printed and pubished . hen : elsynge , cler. parl. d : com. london , printed for edw : husbands . may . . orders and institvtions of vvar, made and ordained by his maiesty and by him delivered to his generall his excellence the earle of nevvcastle with the said earles speech to the army at the delivery and publishing the said orders prefixt. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) orders and institvtions of vvar, made and ordained by his maiesty and by him delivered to his generall his excellence the earle of nevvcastle with the said earles speech to the army at the delivery and publishing the said orders prefixt. england and wales. sovereign ( - : charles i) charles i, king of england, - . p. printed for j. johnson, [london] : . reproduction of original in thomason collection, british library. eng newcastle, william cavendish, -- duke of, - . england and wales. -- army. military law -- england. a r (wing c ). civilwar no orders and institutions of vvar, made and ordained by his maiesty, and by him delivered to his generall his excellence the earle of nevvcast england and wales. sovereign b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion orders and institvtions of vvar , made and ordained by his maiesty , and by him delivered to his generall his excellence the earle of nevvcastle . with the said earles speech to the army at the delivery and publishing the said orders prefixt . printed for j. johnson . . orders and institutions of war . inprimis , it is by us ordered , that no colonell captaine or other officer or souldier , shall be admitted into our service , but such as shall take the oathes of supremacy and allegiance . . no papist of what degree or quality soever shall be admitted to serve in our army . . all colonels are commanded to have a speciall care that the due service of god be performed in their severall regiments , by the chaplains to each regiment every sunday twice , except some contingent occasion of moment be a lawfull impediment for their forbearance . . all colonels , lievtenant colonels , captaines and other inferiour officers are commanded to represse all disorders in their severall quarters , as they will answer the contrary to our councell of war if the default be found in them . . whosoever shall presume to sweare or blaspheme the name of god in our quarters ; for the first offence shall suffer twelve houres imprisonment ; for the second , he shall suffer foure and twenty houres durance ; and for the third he shall be whipt and cashiered our army . . whatsoever souldier shall be found drunke and so neglect his duty , shall be punished at the discretion of our court of war , according to the haynousnesse of the fact , and the detriment arrived by his default to our service . . what captaine or other officer that shall inflict punishment , or strike any souldier without good cause of offence given ; for such punishment or blow shall upon complaint made receive censure from his superiours . . what captaine or other superiour officer or inferiour , that shall detaine the souldiers pay after 't is delivered to him by our treasurer or his subordinate officers , upon complaint made shall make full repayment of such moneyes and then be cashiered our service . . wheras there is and hath been in most services divers enormous abuses committed in musters by muster-masters , commissaries and officers for that purpose , making their companies seem compleat by men hired out of other companies : we doe therefore command all colonels , captains , and other officers , to take especiall care that their companies be full , and no such enormities committed : every muster-master so offending being lyable to capitall punishment , and every man so hired shall suffer death , for his second offence ; for his first , lye in irons during ours or our generals pleasure . . what souldier soever that shall presume to steale from or plunder any of our good subjects in his march , or in any towne where he is billeted , shall suffer death , if the thing so stolne or taken be above the value of twelve pence , if under , he shall be punished according to the discretion of his officers . . whosoever shall wilfully act any murder upon the persons of any of our good subjects , souldier or other shall suffer death . . whosoever shall force or ravish any woman within our quarters , or any other place , shall suffer death . . whosoever draweth any sword in the presence of our generall to doe any harme with it , shall lose his hand . . whosoever draweth his sword when his colours are flying , or upon any march , he shall be harquebuser'd : if it be done in the place where he is billeted , he shall onely lose his hand and be banish'd our quarters . . whosoever draweth his sword in the quarters after the watch is set , with intention of mischiefe to any , shall suffer death . . no man shall hinder our provolt-marshall or his inferiour officers from execution of any charge given them by our generall , who presumes to doe it shall suffer death . . all that is to be published and made knowne to all men , shall be openly proclaimed by sound of drum or trumpet , that no man plead ignorance for the neglect of his duty . who so is found disobedient shall be punish'd as the fault is of importance . . no man shall presume to make any alarum in the quarter , or shoot off his musket in the quarter but shall be severely punish'd . . after advertisement is given to set the watch , he that shall absent himselfe without some lawfull cause , shall be punish'd with irons . . he that is found sleeping upon his watch in any place of danger shall be harquebuser'd . . he who shall come off the watch where he is appointed to stand , or he who shall drinke himselfe drunke so long as he hath the guard shall be harquebuser'd . . whosoever repaires not to his colours when he heares the trumpet sound or drum beat shall be punish'd with irons . . whensoever a march is beaten , every man shall follow his colours , neither shall any through presumption stay behinde without leave , upon feare of punishment . . if any stay behind in a mutinous fashion he shall be punish'd with death . . he who doth run from his colours in the field , shall be punish'd with death ; and if any other souldiers kill him in the meane time , he shall be free . . when occasion of service is , he who doth first run away , if any can kill him he shall be free . . what regiment or company shall begin any mutiny , the first beginner shall be punish'd with death , and the rest that consent to him shall be punish'd according to the discretion of the councell of war . . whosoever souldier or other that shall directly or indirectly hold intelligence with the enemy , or disclose any of our secrets to them or any of them , shall as traytors be punish'd with death . . what regiment of horse or foot shall treat with the enemy , or enter into any league with him without our leave or our generals , shall be punish'd with death . . whosoever shall give over any of our townes to the enemy that may be defended against them , unlesse in case of necessity shall be punish'd with death . . no man shall presume to send any challenge to any other of his fellowes , nor to fight any duell in the quarters or without , upon paine of death . . they who shall hold any manner of conference with the enemie , without licence from our generall , shall be punished with death . . every one that shall not be contented with that quarter which is assigned him shall , be accounted a mutiner . . if any cast away any of his armes , either in the field , or in the quarters , he shall be whipt thorow the quarters , as an example to others . . hee who doth pawne any of his armes , or any amunition whatsoever , or any other necessaries whatsoever used in the field , for the first & second offences shall be whipt thorow the quarters , for the third time he shall be punish'd as for other theft : also he that bought them , or took them to pawne , be he souldier or victualler , or other , shall lose his money , or be punished as he who pawn'd or sold them . . no man shall presume to set fire on any towne , village , house , barne , out-house , haystacke , or mill of any of our subjects , whoever shall be found guilty of any such crime , shall suffer death without mercy . . no man shall presume to wrong any who hath our warrant or our generalls for his safe passage , be he friend or enemie , upon paine of death . . he who doth beat his hoste or hostis , or any of their servants , the first and second time , shall be put in irons ; the third time he shall be punished at the discretion of our officers . . none shall presume to wrong any man that brings necessaries to our quarters , nor take his horse from him by force , whosoever doth , shall be punished with death . . no souldiers shall come to the muster , but at what day and houre they are commanded : no colonell nor captaine shall presume to muster his men without command from our generall . . if any horse-man doe borrow either horse , pistoll , saddle or sword to muster withall , so much as is borrowed , shall be forfeited , and he that doth it shall be put out of our service , and he that lendeth them shall forfeit one half to the captain , the other half to the provost . . if it can be proved that any horse-man doe spoyle his horse willingly of purpose , to returne home , he shall be held a coward , lose his horse , and be turned out of the service . . no souldier whatsoever , horse or foot , shall be cast off by his captaine , or any inferiour officer , without consent of the colonell . . no colonell nor captaine shall licence any souldier , either horse or foot , to depart the field without leave of the generall , as he will answer the same , and incurre our displeasure . . any souldier , gentleman or other , that shall be maymed , or lose any limbe in this our present service , shall have a competent pension allowed him to subsist upon during his life . . if any captaine , or other commander , doe lend his souldiers to any other captaine , it shall be done in the presence of our muster-masters , that so our service be not neglected . . all our souldiers we doe hereby strictly require to avoid all quarrells and offences one to another , to give due obedience and fit respects to their captaines , lievtenants , ensignes and other inferiour officers . . we also require , and strictly command all ensignes , lievtenants , captaines , to give the same respects to our officers of the field ; as serjeant-majors , lievtenant-colonells and colonells . . as we expect they and all the rest of our army by our expresse command , doe the right honourable , our trusty and welbeloved cousen and councellor , william earle of newcastle , his excellence , whom wee have constituted and ordained generall of all our present forces . . and we doe hereby will and require our said trusty and welbeloved cousin and councellour , william , earle of newcastle , his excellence , our generall , so constituted and ordained , to see all these , and all other our ordinances of war whatsoever , put in execution by his immediate officers , that so our cause may succeed prosperously , and we , with the almighties assistance , be victorious over all our enemies . his excellence , the earle of newcastle's speech to his colonels , and other commanders , at his receiving the charge of generall , and the precedent orders from his majestie . lords and gentlemen , my noble friends and fellow souldiers , i could have heartily wished , that either the earle of lindsey , who before commanded you , had evaded his untimely destiny ; or th●● his sacred majesty had beene pleased to have conferr'd the successive managing of this office to one of better abilities then my selfe but since i am invested with this charge , i shall study to demeane my selfe like a faithfull subject to my prince , a true legitimate sonne to my mother the common-wealth , and a just and loving chiefe to you all ; to use incouragementss to men of fortitude , is an implicit diminution to their valours . i shall not therefore so much undervalue yours , as to intrude an exhortation upon your courages , onely i shall desire you will keepe those men under your commands free from disordiers , performing with all care and diligence , these institutions which i now as your generall am ingaged to deliver to you from his sacred majesty : we are here in our owne countrey , a sad and lamentable affaire it is in armes , and must imploy our hands against our selves , our brothers ; if we must fight , i make no doubt of your deportement in the affaires of war , but could heartily wish , and so i hope you doe all wish with me , that we might be happy in a faire and sudden attonement between his majesty and his high court of parliament ; 't is not improbable , but it may be effected , if not , i hope you will all fight as valiantly as i shall leade you on resolutely , and ( if it so please god ) bring you off with safety . finis . serious and seasonable advice to the english soldiers of his majesty's army ray, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) serious and seasonable advice to the english soldiers of his majesty's army ray, john, - . p. printed for b. aylmer and will rogers, london : . half title: serious advice to the army. attributed to john ray--nuc pre- imprints. reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army. soldiers -- great britain -- conduct of life. soldiers -- great britain -- religious life. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion serious advice to the army . lambeth-house : march th . / ; . this serious and seasonable advice to the english soldiers of his majesties army , sent to me by a reverend divine in the countrey , i do not only allow to be printed , but do also earnestly recommend it to those for whose sake it was composed , as that which i hope may , by the blessing of god , be of great use to them . jo. cant . serious and seasonable advice to the english soldiers of his majesty's army . london : printed for b. aylmer at the three pigeons in cornhill , and will. rogers at the sun over-against st. dunstan's church in fleetstreet . m dc xc iii. serious and seasonable advice to the english soldiers , &c. gentlemen , a military employment , when it is undertaken with a good intention , begun and carried on for honest ends and purposes , hath been generally thought not only lawful and barely innocent , but highly useful and commendable likewise . and since the common safety of europe , as well as the necessary defence and preservation of that church and nation to which you belong , is the cause for which you are now engaged ; you will not so much want a casuist to state the lawfulness of your profession , as you seem to stand in need of some christian monitor to put you in mind how you ought to behave your selves in it . the calling of a soldier is doubtless very well consistent with that of a christian ; and altho the armour which the gospel recommends , is of a spiritual nature , and such as we are all required to put on and employ in our defence against our spiritual enemies ; yet we no where find , that either our blessed saviour , or any of his apostles , did ever condemn the use of secular arms and carnal weapons as absolutely unlawful . nor indeed can it be reasonably imagined , but that christians as well as other men may be innocently allowed to provide the best they can both for their personal and for the publick safety . the truth is , that which hath brought so ill an opinion upon a military profession , is the looseness of manners , and unchristian conversation of too many of those who are employ'd in it : and 't is the scandalous example of some amongst you , which hath brought so ill a report upon the character of a soldier in the general . for the undiscerning part of mankind ( which is generally the greatest part of it ) is too apt to judge of a profession , according to the lives and conversations of its professors . and because they observe so much impiety and injustice , so much prophaneness and irreligion in the behaviour of some soldiers , they are from thence unhappily prejudiced with an ill opinion of all. now the best and only way to vindicate the credit and reputation of a military life , from all prejudices of this kind , is to remove that unhappy occasion from whence they proceed ; and if instead of distinguishing your selves from the rest of mankind by your vices , you would be more careful to behave your selves as becometh christians ; if instead of blaspheming god with so many horrid oaths and curses , you would learn to reverence and adore him , and ascribe him the honour due unto his name ; if instead of that riot and intemperance , that injustice and uncharitableness which so much abounds amongst you , you would be more mindful of those pressing obligations which your religion teacheth you , of denying ungodliness and worldly lusts , and of living soberly , righteously , and godly in this present world ; your profession would then be entertained with much more respect in the world : the character of a soldier would then appear in its true lustre , and be as highly honoured amongst men , as it is indeed most deservedly honourable in it self . the character which st. luke gives of cornelius , ( acts . ) is a pattern very worthy your imitation upon this account ; and this out of a sincere intention for the good of your souls , for the honour of your profession , and for the happy success of your arms , i heartily recommend to be transcribed by you . he was a roman soldier ; and altho by birth and education a heathen idolater , yet being happily posted amongst the jews at caesarea , he there attained to the knowledge of the true god , and afterwards became a most eminent convert to the christian faith : from whence 't is easie to imagine how profitably he employed his vacant hours , and what great advantage he made of the place and the persons amongst whom he convers'd : for although we have no particular account given us of his behaviour , till the time of his conversion ; yet 't is highly probable , that he never spent his time idly and unprofitably , or ( what is much worse ) , prophanely and irreligiously ; but that he was always meditating upon , and considering his latter end ; and carefully projecting with himself , how he might secure an interest in the favour and protection of that god , in whom are the issues of life and death , and before whose dreadful tribunal he was to give a solemn and severe account . he wisely consider'd how hazardous and uncertain the life of a soldier is , above all other men ; and this consideration naturally led his thoughts to a nearer prospect of a future state. he well knew , that it was appointed for all men once to dye ; and that to dare to dye with a more than ordinary courage and resolution , was what became the bravery of a good soldier ; but because after this life ended , there was a judgment to come , when every one that hath done good , shall go into life everlasting , and every one that hath done evil , into everlasting fire ; he thought the consideration hereof a matter of the highest importance to him imaginable ; and was easily convinc'd how much he was obliged not only in point of duty , but in point of wisdom and interest likewise , to make the best provision he could for a happy portion in this his immortal and eternal state. how discreetly he behaved himself , and what prudent care he took of his life and conversation in order hereunto , is evident from the account which the evangelist gives of him , who says , that he was a devout man , one that feared god , and prayed unto him continually . he did not , it seems , suppose , that his military employment for the service of his prince , could give him any the least dispensation from his duty to his god. he did not think , that to curse , and swear , and blaspheme , and bluster out his prophane and daring impieties against the supreme judge of heaven and earth , was one necessary qualification of his profession : no ; 't is plain that he believed the character of a religious and devout man , was very well reconcilable with that of a good soldier : and he hath left these as maxims of eternal truth , to be transcribed from his example , that the best courage doth always proceed from the best conscience : and that no man is so well qualified to appear fearless and undaunted before the face of an enemy , as he who walketh in the fear of the lord , and reposeth his strength and confidence in the god of his salvation . fear indeed at first hearing , may seem a very odd ingredient in the character of a good soldier ; but such a fear as this of cornelius's was , is so far from carrying in it any the least imputation of cowardice , or meanness of spirit , that it is very well consistent with the principles of true courage ; nay , and the most powerful incitement that can be , to all gallant and valourous actions . for to live in the fear of god , to fear him so as to tremble at the thoughts of offending him , and to pay a reverential regard to the majesty of his power , and the authority of his laws , is the sure and certain means of engaging him on your side : and when you are once happily secure of that , you need not fear what man can do unto you : nor need you be then afraid though never so many thousands of your enemies set themselves against you round about . gentlemen , your known bravery and resolution in the day of battel hath eminently appear'd in the late actions in which you have been engaged . and your very enemies have confess'd to your glory , that they felt to their own shame , that you have been far enough from fearing those who can kill the body only . but god forbid , that you should esteem as any part of your glory , not to fear him , who can destroy both body and soul in hell . no , such a religious fear as this is one of the principal accomplishments of the true christian hero. and if you will believe the experience of one of the greatest generals france ever bred , he will inform you , that no man can be truly brave without it . the next thing proposed to your imitation from the example of cornelius , is the constancy of his piety and devotion . for 't is said of him , that he was a devout man , and one that prayed to god continually . and to convince you of the reasonableness and wisdom of this practise , i need only suggest to you those particular and extraordinary obligations , which men of your profession seem to lie under , of imploring the assistance of the divine protection : for you are much more conversant in dangers and necessities , and oftner exposed to hardships , and distresses , than any other sort of men : and so perilous are the circumstances , so great and manifold are the difficulties wherewith you are sometimes encompassed , that in many cases you seem to stand in need of a miracle on purpose for your preservation ; and have no other means left for you to escape , but the immediate interposition of that god , whose will no human policy can controul , and whose almighty power no creature is able to resist . now what can be thought more reasonable , than for men in such hazardous circumstances and apparent dangers as these , to be continually addressing their supplications to him , who is both willing and able to save them to the uttermost ? and so to engage the favour of his divine aid and assistance by prayer and devotion , that he may be always ready to save and defend them , and be their present help in the needful time of trouble ? this was lookt upon as a very necessary preparation against the dangerous accidents and events of war amongst the jews ; and this the christian emperor constantine the great thought so requisite in order to the happy success of his arms and armies ; that , besides his own private devotions in his tent , he taught every particular soldier in his army an excellent form of prayer , and required them to say it for themselves : which pious precedent the religious theodosius is said to have followed with so good success , that his historian saith , he obtained a great victory over his enemies by the prevailing efficacy of his devotion , rather than by the strength of his army , or the power of his sword. 't is not indeed expected that so much time can be spent in devotion in a camp , as in a cell , or a cloyster ; nor will there be so much exacted in this case of a soldier , as of a monk. but yet it must be still remembred , that god almighty requires the worship and service of both according to their respective talents and abilities . and although those external avocations which do necessarily attend the business of your profession , will not perhaps allow you to be so often upon your knees , as those who have more leisure , and more convenient retreats for the exercise of their devotion ; it will nevertheless behove you to be as fervent and frequent in prayer as you can ; and as often as your circumstances will permit . whilst you are in your respective quarters , you will have greater advantages of this kind than most other men . and if you do not gladly comply with those happy opportunities which are then afforded you , of praying daily to god , both privately , and in the publick congregations where you are , it cannot be then said in your excuse of this neglect , that you were otherwise engaged , and that you were not at liberty to do it : no , the world will be then apt to conclude , that it is because you do not think the duties of religion any part of your business : and that with those wicked and profane wretches in the psalmist , you care not for god , neither is god in all your thoughts . but i hope , gentlemen , this severe reproach will not lye upon the character of many of you : and i cannot but observe it to the great honour and reputation of some amongst you , and those not a few , that you have constantly frequented our solemn assemblies , where you came , and expressed therein a very decent and orderly devotion . now although such happy opportunities as these cannot be so well and so often enjoyed , whilst you are in the field , and actually engaged in military service ; yet even then your minds and meditations may be devoutly disposed : and the greatest hurry and confusion of a camp can never hinder , but that you may be still calling upon god in short ejaculations , and pious motions of the soul. a lord have mercy upon me ; a god help me ; or a lord save and defend me ; may be easily intermixt with any of your most busy engagements : and yet some such short ejaculatory forms of devotion as these , when they are address'd unto god servently and affectionately , may in some cases be as useful as they are easy and natural . 't is certain , they will spend no more breath , nor require any more words to express them , than a profane oath or a curse : and how much more it becometh a christian soldier to habituate himself to the one rather than to the other , i leave to the serious consideration of every one of you , who hath a soul , and believes it to be immortal ; and whoever believes so , must needs conclude , that a sword or a bullet in a man's heart , and a god dammee in his mouth at the same time , is the most deplorable and desperate state of a dying man that can be imagin'd : for he who defies god with his last breath , as he leaves himself no space for repentance , so neither does he leave to others , how charitable soever they may be , the least room to hope for any mercy from god for him . this , gentlemen , is a consideration of the greatest moment to you in the world : and a little of your own reflection upon it will , without the assistance of any other arguments , easily convince you , how highly it imports you to be wise to consider your latter end ; and in order hereunto , to follow the example of that religious and devout soldier cornelius , which is here proposed to your imitation . and if you could but be once happily persuaded to this , what glorious atchievements might not be then expected from you ? how might one then chase a thousand , and two put ten thousand to flight ? and how would all the boasted force and policy of your enemies be confounded and brought to nought , were you but as mindful of your duty to god , as you are couragiously stout and resolute in the service of your king and country ? or were you but as careful of the interest of your souls , as you are well known to be bravely prodigal of your lives , and wholly unconcern'd at the approach of any bodily danger ? this would infallibly engage the lord of hosts himself to be on your side , even the lord strong and mighty in battle . and that being once happily secured , you may be then always confident of the success of your arms ; and need not fear , but that your enemies , and those that imagine mischief against you , should be turn'd backward , and flee before you . whereas on the contrary , let your cause be never so just , and your own personal bravery never so great ; yet so long as your iniquities continue to separate between you and your god , and your sins hide his face from you ; you cannot then trust in the arm of flesh ; nor is it your sword that can then help you . joshua was a great general , had a very just cause , and a good army to support it . and yet 't is very remarkable in his story , that he was smitten before the canaanites for a sin amongst his soldiers . and this i mention to put you in mind of the fatal consequence of your sins ; which whilst you continue in without repentance , you harbour a foe within your own tents , that will do you and your cause more mischief than all the arts and assaults of your enemies could be otherwise able to do . if therefore you have any serious regard for your own interest and advantage , with reference to the life that now is , or that which is to come ; if the glorious success of that cause in which you are engaged , if the honour and safety of your king , the good of your country , the defence and preservation of your most holy religion , and the common welfare and prosperity of that whole church and nation to which you belong , can make any tolerable impression upon you ; you must then think your selves obliged upon the account of all these most powerful and prevailing motives to make it your great care to live and dye as it becometh christians ; to fear god , and to pray unto him continually ; and so to order your conversation aright , that iniquity may not be your raine , neither in this world , nor in that which is to come . this , gentlemen , is the hearty desire of him who daily remembers you in his prayers to god for you ; and who earnestly entreats and exhorts you to pray daily for your selves likewise , that god would prosper your cause you have in hand ; that he would plead your cause with them that strive with you , and fight against them that fight against you ; that by his heavenly wisdom and power from above he would direct the councils , and influence the conduct , and defend the person of your royal general ; and so continue both him and you under the merciful care and protection of his good providence , that you may be still safe from the power of your enemies ; and that the ungodly and those that hate you , may not be able to triumph over you : but that you may do valiantly , and conquer gloriously , and rejoyce greatly in the god of your salvation , saying , blessed be the lord god , our saviour and mighty deliverer , who hath done great things for us : and praised be the lord for evermore , who hath pleasure in the prosperity of his servants . forms of prayer and devotion for the use of the army . it was purposely designed that the prayers which are here recommended to your use , should be short and few : and that no more should be imposed upon you in this case than the most busie circumstances of your employment may be well supposed to admit . but forasmuch as every one , who calls himself christian , and thinks it his duty to pray at all , cannot but allow it to be highly useful and expedient , to implore the daily protection , and to show forth the loving kindness of that god , who alone maketh him both to sleep , and wake , and dwell in safety : i hope you will all account it but a very reasonable service ( for men in your circumstances more especially ) to begin and end the day with these short forms following . a prayer for the morning . o almighty and most merciful lord god , i return thee my most humble and hearty thanks for renewing thy mercies towards me every morning ; and for the particular care and watchfulness of thy good providence over me this night past . o continue forth thy goodness and loving kindness towards me ! and be thou still my saviour and mighty deliverer in all my dangers and necessities : in the time of battle , in the hour of death , and in the day of judgment . take me into thy divine favour and protection this day more especially , i most humbly beseech thee : and keep me from all things that may be hurtful both to my soul and body . grant , o lord , that i may give no occasion of offence to any of those amongst whom i converse ; that i may not be guilty of any cruelty or unjust violence , any unchristian hatred , malice , or revenge , or any other uncharitableness towards my neighbour : but that in all my conversation i may live paceably and unblameably ; so as neither to do any wrong , nor to suffer any . assist me with thy grace and holy spirit to keep my body in temperance , soberness , and chastity : that i may keep my soul innocent and undefiled thereby , and my body the better strengthen'd and prepared for that vigorous and active ●●vice in the which i am employed . set a watch over my lips , o lord , that i offend not with my tongue : that no evil-speaking , lying , or slandering , no wicked blasphemy or profaneness , nor any other evil communication may proceed out of my mouth . teach me in every thing to do the thing that pleaseth thee , o lord my god ; and direct and enable me to continue in thy fear all the day long , that i may be always fitted and prepared to dye in thy favour ; even so lord , whenever it seemeth good in thy sight . together with my self , i recommend to thy divine grace and favour , the king , and all my fellow soldiers : most humbly beseeching thee to bless and prosper and defend him against the face of his enemies ; and to inspire us with such courage and resolution , that we may manfully fight his battels , and valiantly and faithfully discharge our respective duties in that state of life to which thy divine providence hath called us . o lord , hear my prayers , forgive me all my sins , pardon my failings , and do more abundantly for me than i am able to ask or think , through the merits of jesus my saviour ; in whose most holy name and words i sum up all my wants , saying , our father which art in heaven , &c. a prayer for the evening . o god the creator and preserver of all mankind , in whom we live and move and have our being , and to whose only mercy it is to be ascribed that we are not consumed : i most humbly beseech thee to accept of this my evening sacrifice of praise and thanksgiving for thy preservation of me this day past , and for all the many gracious effects of thy goodness towards me throughout the whole course of my life . my sins testifie against me , that i have justly deserved thy utmost displeasure : and if thou shouldest enter into judgment with me , o lord , i have nothing to plead , but my own misery , and thy great goodness , to make me an object of thy infinite pity and compassion . unto that therefore i appeal , and fly for succour ; beseeching thee for thy mercies sake , and for the sake of jesus my saviour , to turn away thy face from my sins , and to blot out all my misdeeds . be not wroth very sore , o lord , neither remember thou mine iniquity for ever . pardon whatever thou hast seen amiss in me this day more especially ; and graciously accept of my hearty sorrow and repentance for all those sins , to which , through the frailty of my nature , or the wiles of satan , or the wicked example of other men , i have too much accustomed my self , [ here it will be proper to mention those sins which your conscience accuseth you of : ] and for the time to come grant me such a measure of thy grace and holy spirit , that i may be thereby enabled to resist the temptations of the world , the flesh , and the devil ; and in every thing to keep a conscience void of offence , both towards thee , my god , and towards men. my life , o lord , is in thy hand ; and 't is thou only who hast hitherto preserved it from all those perils and dangers wherewith it hath been so often encompassed . o let it be thy good pleasure to continue it under thy merciful care and protection this night . and whenever thou in thy infinite wisdom , shalt think fit to dispose of it for the service of my king and country , grant me thy grace that i may resign it cheerfully ; and happily exchange it for a better , to live and reign with thee in life everlasting . grant this , o merciful father , for jesus christ's sake , who died for me ; and in whose most prevailing name and words i continue my supplications for my self , and for all my fellow-soldiers , saying , our father which art in heaven , hallowed be thy name , &c. besides this practise of saying your prayers every morning and evening , it is farther adviseable , that you should sometimes humble your selves before almighty god in a more solemn manner ; to deprecate his wrath and indignation against you , and to implore his mercy for the pardon and forgiveness of your sins . for which purpose i recommend to your use that most excellent form of devotion which is appointed by our church in the commination office : where the st psalm , and the prayers which follow it , are so admirably contrived to exercise the devotion of every hearty and sincere penitent , that you will not want any other help , nor can you indeed be well supply'd with a better : for which reason it is put at the end of this advice . and because it is highly requisite that men in your circumstances should be continually lifting up your hearts to god ; and at all times , and in all places , and upon all occasions addressing your souls to him , from whom cometh your strength and salvation , it will be very proper for you to habituate your selves to these ejaculations , or short prayers following . ejaculations to be used upon the following occasions . at going out or returning into your tent or quarters . o lord bless my going out and my coming in from this time forth and for ever more . at your being drawn out to battle . thou , o lord god of hosts , art our refuge and strength in the day of battle : o be thou now and evermore our defender against the face of our enemies . in thee , o lord , is our trust : be it therefore according to thy word , and suffer not our foes to triumph over us . through thee shall we prevail : and in thy name shall we tread them under that rise up against us . upon your preservation after the fight . glory be to thee , o lord , for saving my life from destruction , and for delivering it from the peril of the sword ! o grant that i may from henceforth dedicate it wholly to thy service : and make it an instrument of thy glory , o lord god of my salvation . after any victory obtained . we have heard with our ears , o god , our fathers have told us : and as we have heard , so have we seen likewise that salvation is of the lord. for we got not this victory through our own sword , neither was it our arm that helped us : but thy right hand , and thine arm , and the light of thy countenance , because thou hadst a favour unto us . of thee therefore will we make our boast all the day long : and praise thy name for ever and ever . upon any desperate wound received , or in the time of sickness . i acknowledge , o lord , holy and true , that i am justly wounded for my sins and transgressions : and that thou of very faithfulness hast caused me to be thus afflicted . but be thou still my saviour and defence . leave me not , neither forsake me o lord god of my salvation . when there appeareth small hopes of your recovery . father , if it be possible , remove this affliction from me : nevertheless not my will , but thine be done . father into thy hands i commend my spirit : for thou hast redeemed me o lord thou god of truth . may god of his gracious goodness bless and sanctifie these instructions to his glory , and to your spiritual and eternal benefit ! and we who sit quietly under our own vines , and under our own fig-tiees , whilst you , gentlemen , are so generously hazarding your lives abroad for our defence and preservation , shall not cease to make mention of you in our prayers , saying , the lord prosper you : we wish you good success in the name of the lord. out of the commination in the liturgy . ¶ first read and consider seriously the following exhortation , now seeing that all they are accursed , &c. now seeing that all they are accursed ( as the prophet david beareth witness ) who do err and go astray from the commandments of god , let us ( remembring the dreadful judgment hanging over our heads , and always ready to fall upon us ) return unto our lord god with all contrition and meekness of heart , bewailing and lamenting our sinful life , acknowledging and confessing our offences , and seeking to bring forth worthy fruits of penance . for now is the ax put unto the root of the trees , so that every tree that bringeth not forth good fruit , is hewen down , and cast into the fire . it is a fearful thing to fall into the hands of the living god : he shall pour down rain upon the sinners , snares , fire and brimstone , storm and tempest ; this shall be their portion to drink . forlo , the lord is come out of his place to visit the wickedness of such as dwell upon the earth . but who may abide the day of his coming ? who who shall be able to endure when he appeareth : his pan is in his hand , and he will purge his floor , and gather his wheat into the barn , but he will burn the chaff with unquenchable fire . the day of the lord cometh as a thief in the night : and when men shall say peace , and all things are safe , then shall sudden destruction come upon them , as sorrow cometh upon a woman travelling with child , and they shall not escape . then shall appear the wrath of god in the day of vengeance , which obstinate sinners , through the stubborness of their heart , have heaped unto themselves , which despised the goodness , patience , and long-sufferance of god , when he called them continually to repentance . then shall they call upon me ( saith the lord ) but i will not hear , they shall seek me early but they shall not find me ; and that because they hated knowledge , and received not the fear of the lord , but abhorred my counsel , and despised my correction . then shall it be too late to knock when the door shall be shut ; and too late to cry for mercy when it is the time of justice . o terrible voice of most just judgment which shall be pronounced upon them , when it shall be said unto them , go ye cursed into the fire everlasting , which is prepared for the devil and his angels . therefore brethren , take we heed betime , while the day of salvation lasteth ; for the night cometh when none can work : but let us , while we have the light , believe in the light , and walk as children of the light , that we be not cast into utter darkness , where is weeping and gnashing of teeth . let us not abuse the goodness of god , who calleth us mercifully to amendment , and of his endless pity promiseth us forgiveness of that which is past , if with a perfect and true heart we return unto him . for though our sins be as red as scarlet , they shall be made white as snow : and though they be like purple , yet they shall be made white as wooll . turn ye ( saith the lord ) from all your wickedness , and your sin shall not be your destruction . cast away from you all your ungodliness that ye have done , make you new hearts , and a new spirit : wherefore will ye die , o house of israel , seeing that i have no pleasure in the death of him that dieth , saith the lord god ? turn ye then , and ye shall live . although we have sinned , yet have we an advocate with the father , jesus christ the righteous , and he is the propitiation for our sins . for he was wounded for our offences , and smitten for our wickedness . let us therefore return unto him , who is the merciful receiver of all true penitent sinners ; assuring our selves that he is ready to receive us , and most willing to pardon us , if we come unto him by faithful repentance ; if we will submit our selves unto him , and from henceforth walk in his ways ; if we will take his easie yoke , and light burden upon us , to follow him in lowliness , patience , and charity , and be ordered by the governance of his holy spirit : seeking always his glory , and serving him duly in our vocation with thanksgiving . this if we do , christ will deliver us from the curse of the law , and from the extream malediction which shall light upon them that shall be set on the left hand ; and he will set us on his right hand , and give us the gracious benediction of his father , commanding us to take possession of his glorious kingdom : unto which he vouchsafe to bring us all , for his infinite mercy . amen . ¶ then upon your knees repeat the psalm to the end . miserere mihi deus . psal . . have mercy upon me , o god , after thy great goodness : according to the multitude of thy mercies , do away mine offences . wash me throughly from my wickedness : and cleanse me from my sin . for i acknowledge my faults : and my sin is ever before me . against thee only have i sinned , and done this evil in thy sight : that thou mightest be justified in thy saying , and clear when thou are judged . behold , i was shapen in wickedness , and in sin hath my mother conceived me . but lo , thou requirest truth in the inward parts : and shalt make me to understand wisdom secretly . thou shalt purge me with hyssop , and i shall be clean : thou shalt wash me , and i shall be whiter then snow . thou shalt make me hear of joy and gladness : that the bones which thou hast broken may rejoyce . turn thy face from my sins : and put out all my misdeeds . make me a clean heart , o god : and renew a right spirit within me . cast me not away from thy presence : and take not thy holy spirit from me . o give me the comfort of thy help again : and stablish me with thy free spirit . then shall i teach thy ways unto the wicked : and sinners shall be converted unto thee . deliver me from blood-guiltiness , o god , thou that art the god of my health : and my tongue shall sing of thy righteousness . thou shalt open my lips , o lord : and my mouth shall shew thy praise . for thou desirest no sacrifices , else would i give it thee : but thou delightest not in burnt-offerings . the sacrifice of god is a troubled spirit : a broken and a contrite heart , o god , shalt thou not despise . o be favourable and gracious unto sion : build thou the walls of jerusalem . then shalt thou be pleased with the sacrifice of righteousness , with the burnt-offerings and oblations : then shall they offer young bullocks upon thine altar . glory be to the father , &c. ¶ then say the lords prayer , our father , &c. our father , which art in heaven ; hallowed be thy name . thy kingdom come . thy will be done in earth , as it is in heaven . give us this day our daily bread . and forgive us our trespasses , as we forgive them that trespass against us . and lead us not into temptation : but deliver us from evil . amen . ¶ then , o lord , we beseech thee , &c. and the following , prayer . then , turn thou us , o good lord , &c. o lord , we beseech thee mercifully hear our prayers , and spare all those who confess their sins unto thee , that they whose consciences by sin are accused , by thy merciful pardon may be absolved , through christ our lord. amen . o most mighty god and merciful father , who hast compassion upon all men , and hatest nothing that thou hast made , who wouldest not the death of a sinner , but that he should rather turn from his sin , and be saved ; mercifully forgive us our trespasses , receive and comfort us , who are grieved and wearied with the burden of our sins . thy property is always to have mercy ; to thee only it appertaineth to forgive sins . spare us therefore , good lord spare thy people , whom thou hast redeemed ; enter not into judgment with thy servants , who are vile earth , and miserable sinners ; but so turn thine anger from us , who meekly acknowledge our vileness , and truly repent us of our faults ; and so make haste to help us in this world , that we may ever live with thee in the world to come , through jesus christ our lord. amen . turn thou us , o good lord , and so shall we turned . be favourable , o lord , be favourable to thy people , who turn to thee in weeping , fasting , and praying . for thou art a merciful god , full of compassion , long-suffering , and of great pity . thou sparest when we deserve punishment , and in thy wrath thinkest upon mercy . spare thy people good lord spare them , and let not thy heritage be brought to confusion . hear us , o lord , for thy mercy is great , and after the multitude of thy mercies look upon us , through the merits and mediation of thy blessed son jesus christ our lord. amen . finis a persuasive to frequent communion in the holy sacrament of the lord's supper . by his grace john lord arch-bishop of canterbury , vo . price d. his majesties message to the house of commons from the court at york the of august . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties message to the house of commons from the court at york the of august . england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at york : . the king observing that the house of commons is diverting £ , , part of the sum raised for reducing the rebels in ireland, contrary to the act, charges them to desist from this, as they will answer to god, the more so, as he does not wish any part of the £ , collected to be spent in making war on him. -- steele. reproduction of the original in the british library. with engraving of royal seal at head of document. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- finance -- early works to . a r (thomason .f. [ ]). civilwar no his majesties message to the house of commons. from the court at york the of august . england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ his majesties massage to the house of commons . from the court at york the of august . his majestie , taking notice of an order lately made by the house of commons , whereby that house hath unduly assumed to themselves authority to order , direct , and dispose of one hundred thousand pounds , part of those moneys which the adventurers for the reducing of the rebels of ireland have paid to that , and onely to that purpose , to other uses and intents , contrary to the expresse words of the act of parliament concerning the same ; wherein it is enacted , that no part of the money , which should be paid in according to that act , shall be employed to any other purpose , then the reducing of those rebels , untill they shall be declared to be subdued , out of his piety and princely care for the confirming and reestablishment of gods true religion in that his kingdom of ireland , for the relief of his distressed subjects there , for the suppression of that horrid and bloody rebellion , for the supply and payment of his armies there , now in great want and necessity , doth strictly require the house of commons , as they will answer the contrary to almighty god , his majestie , & those that have trusted them , that they immediately retract that mischievous , illegall , and unjust order ; wherein his majestie expecteth their speedy answer , and obedience ; and the rather , that he may thereby be secured , that such part of the four hundred thousand pounds as is or shall be collected from his good subjects of england , by vertue of the late act of parliament , whereby the same is granted , may not likewise ( under false pretences ) be diverted from its proper use , for which it was intended , and mis-imployed to the disturbance of the peace of this kingdom , in a war against his sacred majestie . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . a proclamation for proroguing of the parliament james r. england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for proroguing of the parliament james r. england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) printed by charles bill, henry hills, and thomas newcomb ..., london : . reproduction of original in huntington library. broadside. at head of title: by the king, a proclamation. at end of text: given at our court at whitehall the eighth day of october . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - spi global rekeyed and resubmitted - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal coat of arms by the king , a proclamation for proroguing of the parliament . james r. whereas our parliament begun and held at westminster the nineteénth day of may in the first year of our reign , was by prorogations continued to the tenth day of may last past , and was then further prorogued to the two and twentieth day of november next ensuing : and our royal intention being to prorogue our said parliament to a further day ; and being willing for the great ease of our loving subjects , the lords , knights , citizens and burgesses of our said parliament , to dispense with their attendance at westminster at the day prefixt : we have thought fit , with the advice of our privy council , to publish and declare our royal will and pleasure to be , that our said parliament be prorogued from the said two and twentieth day of november next ensuing , to the fifteénth day of february next ensuing , to be holden then at westminster . and our said parliament is hereby prorogued from the said two and twentieth day of november next ensuing , to the fifteénth day of february next ensuing , to be held at westminster . and our will and pleasure is , and we do hereby strictly require and command our said loving subjects , the lords , knights , citizens and burgesses of our said parliament , that accordingly they give their attendance at westminster upon the said fifteenth day of february next ensuing , as they will answer the contrary at their perils . given at our court at whitehall the eighth day of october . in the second year of our reign . god save the king. london , printed by charles bill , henry hills , and thomas newcomb , ●●●●●ers to the kings most excellent majesty . . veneris vicesimo sexto augusti, . it is this day ordered by the lords and commons assembled, that for the more speedy and effectuall provision of sufficient treasure to be imployed in quenching this unnaturall war ... by papists, persons popishly affected, traytors, and delinquents ... england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) veneris vicesimo sexto augusti, . it is this day ordered by the lords and commons assembled, that for the more speedy and effectuall provision of sufficient treasure to be imployed in quenching this unnaturall war ... by papists, persons popishly affected, traytors, and delinquents ... england and wales. parliament. sheet ([ ] p.). s.n., [london : ] place and date of publication suggested by wing ( nd ed.). form letter, with space left blank for name of town, parish, etc. other title information from first lines of text. reproduction of original in: birmingham central reference library (birmingham, england). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng adams, thomas, -- sir, - . england and wales. -- army -- appropriations and expenditures -- early works to . great britain -- history -- civil war, - . broadsides -- england -- london -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion veneris vicesimo sexto augusti , . it is this day ordered by the lords and commons in parliament assembled , that for the more speedy and effectuall provision of sufficient treasure to be imployed in quenching this unnaturall war now kindled in the heart of this kingdom , by papists , persons popishly affected , traytors , and delinquents about his majestie , that the severall persons here under-named , or any three , or more of them , do forthwith repair unto the severall houses or places of abode of all the inhabitants , aswell freemen , as other resiants or inhabitants within the which they , or any three , or more of them shall think fit , to be repaired unto ; and in the name of both houses of parliament do give hearty thanks to so many of them as have already contributed by way of loane , or gift , any money , plate , horse , or arms , according to the propositions of both houses of parliament , heretofore published in that behalf , assuring all and every of them , that the said houses are very sensible of their alacrity and duty therein , and do resolve to be as carefull of their safety and welfare , as of their own , and to live and dye with them in this cause : and likewise , that the said persons here under-named , or any three , or more of them do acquaint , not onely those , but especially the rest of the said inhabitants who have not yet contributed with the necessity of subscriptions for plate , and money , still pressing , and accordingly desire , and stir up them , and every of them to under-write in a book provided for that purpose ( and wherein their names shall be registred , whether they under-write or no ) such sums of money and plate as may testifie their reall and full performance of their late protestation , and sacred vow to almighty god , and of their readinesse to joyn with the rest of the well affected subjects of the kingdom ; and us the lords and commons , who are resolved to pursue this work with our lives , persons , and estates , for their preservation aswell as for our own . and because the successe of this necessary design , depends much upon the speedy dispatch thereof : it is therefore further desired , that all such persons as shall hereupon subscribe as aforesaid , be desired by the parties employed to take their subscriptions , instantly to bring in one third part of the said money or plate subscribed by each of them respectively to the treasurers for mony or plate formerly appointed in the guild-hall london , who shall thereupon give receipts for the same in manner and form already ordered and used ▪ and that the second third part of their said subscriptions be likewise brought in to the persons and place aforesaid at the end of one moneth next after their subscriptions ; and the last payment at the end of the second moneth next after their said subscriptions . for all which , both houses of parliament do hereby engage the publique faith of the kingdom , that they shall be repayed , with . li. per centum allowance for the same , according to the said former propositions . and because the lords and commons are very sensible of the good affections of the citizens of london , their great service to the publique , and readinesse to supply the occasions of parliament : as also , considering their great and extraordinary charge now to be exspended in raising two regiments more of foot , and four troops of horse , during these times of trouble and imminent danger ; together with other necessary provisions for the defence and safety of the city : for the incouragement of the said citizens , and others , liberally to subscribe to lend money and plate upon the propositions , besides what they have done already ; it is further ordered , that the treasurers appointed to receive the money and plate to be subscribed as aforesaid , shall out of the same pay unto tho : adams , alderman of the said city , and treasurer , appointed for this purpose , the sum of twenty five thousand pounds , towards the great and extraordinary charges the said city shall be at for the reasons aforesaid , viz. one third part thereof to be paid out of the first payment that shal be made by the said subscribers ; one other third part at their second payment ; and the other third part at the third payment , which the said subscribers shall make to the treasurers aforesaid . a treatise of the true and ancient jurisdiction of the house of peers by sir robert atkyns ... atkyns, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a treatise of the true and ancient jurisdiction of the house of peers by sir robert atkyns ... atkyns, robert, sir, - . [ ], p. [s.n.], london printed : mdcxcix [ ] reproduction of original in the harvard law school library created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords. courts -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a treatise of the true and ancient jurisdiction of the house of peers . by sir robert atkyns , knight of the bath . state super semitas antiquas . london : printed in the year mdcxcix . to the honourable the knights , citizens , and burgesses of the house of commons in parliament assembled . the humble petition of sir robert atkyns knight of the bath , sheweth , that your petitioner , in the several publick employments he hath undergone , hath had more than ordinary occasion of observing the encreasing iurisdiction of the courts of equity in this kingdom , and how the common-law ( the birthright of every englishman ) hath been , and still is every day more and more invaded by it . he hath taken the pains to collect many of those continual complaints from time to time made by the commons of england in parliament , against the exercise of that new iurisdiction in the very beginning of it . and your petitioner hath great reason also , to take notice of the exercise of the iurisdiction of appeals from the proceedings of those courts : and humbly presents this honourable house with what he hath collected , in order to your service therein . your petitioner craves leave to make use of that freedom which belongs to every englishman , to tender you a complaint against so publick ●nd spreading a grievance . he doth not appeal , nor complain of any thing that meerly concerns himself : he only subjoins a case wherein himself was a party , meerly as an instance of the large exercise of a power against the known and fundamental rules of the common-law , as he conceives . that case of your petitioner happened very lately in the chancery ; but it is generally known in the courts of westminster-hall , that as your petitioner had occasion , he hath for many years frequently and publickly in his station enveigh'd against the encroachments of courts of equity , and that late course of appeals . but on the behalf of the whole kingdom he humbly offers his service , and lays before you what he hath observed and collected upon this subject , after near threescore years experience . and submits all to your wisdom , to proceed in providing iust remedies . and your petitioner shall ever pray , &c. robert atkyns . of the supreme jurisdiction in the kingdom of england . the house of lords have a very ancient and transcendent jurisdiction ; but it is not absolute nor arbitrary in the exercise of it , nor universal ; and in all cases it is a power limited by law , and must be exercis'd according to the known rules of law. and though the peers are very great and honourable , yet they are but men , and not infallible ; and therefore a writ of error lies upon their judgments : and the law allows that liberty to the meanest subject , to demur to the jurisdiction of any court whatsoever , even that of the house of lords . let us enquire into their jurisdiction , when it began , and in what cases they have a right to it . an eminent author , suppos'd to be the late lord hollis , upon occasion of the great cause between skinner and the east-india-company , ( so much disputed between the two houses of parliament ) hath in print asserted . that the house of peers hath their right of judicature from the beginning of the nation , page . he affirms it is a power lodged in them by the very frame and constitution of the government . as to the extent of their jurisdiction , page . he affirms , that they have an undoubted right to an universal and unlimited power of taking conusance of all manner of causes of what nature soever ; and of judging and determining of them , if no particular law do otherwise dispose of them . nec metas rerum , nec tempora ponit . the first of these seems to entrench very far upon the regal power . he not only makes their power equal in time to it , owning no derivation from it , but in effect claims a co-ordination with it : but the claim of such an independent and original power , sounds like that which is taken to be a peculiar of the supreme power , as to the administration of it , viz. in all causes , and over all persons , &c. nay , he holds that the peerage sets bounds both to power and liberty , page . as this author maintains it . it may easily be understood ( by what follows ) what is meant there by ( power ) viz. the regal administration of it . whereas the common-law of england , and all the authors and writers of it , do with one consent acknowledge , jurisdictions within this realm are deriv'd from the crown . and that no court hath an absolute and unlimited power , save the supreme court of the nation , consisting of the king , lords , and commons assembled in parliament , and in them indeed is the true supreme power under god. but that , according to the different nature of causes , some are distributed into one court , and some into another : but not any one court hath jurisdiction in all causes , save that of the parliament . and that all courts must proceed by some certain known rules , that is , the courts of the common-law , secundum legem & consuetudinem angliae ; and courts of equity , according to the ancient and constant precedents , and usage . but this court of peers ( for i confine my self still to what is asserted by this noble author ) doth wholly exclude the king , and ingross all to themselves ? no , by no means . he allows the king a single voice among them , page . as a chief justice in another court , whose voice or opinion hath no more force than that of a puisny judge . no , not so much as a casting-voice , where they are equally divided . i shall offer to consideration upon what grounds and proofs this noble author doth entitle the house of peers to this unlimited jurisdiction . he hath been led into these opinions , i fear , by some late over-zealous and injudicious writers , who , out of a too fond and forward zeal to depress the house of commons , in the late exorbitant power which they took upon them in the late times , in order ( i say ) to the decrying of their usurped power ; those writers thought they could never sufficiently exalt the power of the lords , to over-ballance that of the commons . and it may perhaps be useful ( by the way ) to take notice of the strange revolution that in the late times happened to the government of this nation . . our kings began first to strain prerogative too high upon the subject . . both the houses of parliament thereupon join'd together in usurping upon the regal power . . after some short time the late house of commons , by the help of their army , laid aside the house of lords . ( sic cum sole , perit syderibus decor . ) . after some time again a lesser part of the house of commons exclude the greater part . . and these their own army over-top , as being but the fragment of that house . . — sic medus ademit . assyrio : medóque tulit moderamina , perses ▪ . persen subjecit macedo , cessurus & ipse . romano . these modern writers , who are such earnest advocates for the house of peers , ascribe to the lords all that vast power and jurisdiction , which they read in our ancient histories to be exercised by the national assemblies in the times of the old british , saxon , danish , and norman kings . thus writes mr. william pryn , in his plea for the lords and house of peers , page . that the house of peers had this sovereign jurisdiction vested in it both in the times of the brittish , saxon , danish , and norman kings ; and other modern writers chyme in with him . whereas it is most evident by our more ancient and most judicious authors , and antiquaries , that the great assemblies which were convened in ancient times here in england , were quite of another constitution and complexion from the now two houses of parliament , and had no resemblance to them . it was in those ancient times but one great and numerous assembly that met : not distinguish'd either by those several terms of lords and commons ; or by two houses , the upper and the lower , nor by any other dividing titles . those great assemblies had under our several kings , and together with them , the whole legislative , and judicial power , with little distinction to be found in the exercise of those two mighty powers . the members of them were not qualified neither by any title of honour , ( though there might be honorary titles in those times ) but they were qualified and entitled to their power by their possessions and tenures , and some few by certain great offices . this great assembly could not properly be called the representative of the nation , ( for they came not all to these assemblies as chosen by the people ) but most of them came thither in their own personal inherent right , and might more justly be call'd , the principals of the nation , and look'd upon as the true owners and proprietors of the nation , accounting the land-interest to be the main , and the true , and stable interest , and might therefore truly be termed , the nation it self assembled , or the people assembled . it was the land-interest then that gave both honour and power . dat census honores ; yet it cannot be denied , but that the ancient boroughs did elect their representatives , even in the most ancient times , who were at first a small part of these great assemblies ; though now much more numerous , and weigh down the ballance ; and this is proved to have been long before the time of king henry the third , though those late writers date it from that time only . it would be folly to undertake to give any clear or large account of the supreme judicatures that were in the times of the ancient brittons , saxons , or danes , which many of our late writers pretend to do . for tacitus in the life of agricola tells us of the old brittons , that at the time of the coming of the romans into this land , they did not so much as in commune consulere ; that is , they had no common-council , nor did they meet together to consult how to repel their common danger ; but were divided into a multitude of feuds and factions , under their reguli or pretty princes . rarus duabus tribusve civitatibus ad propulsandum commune periculum conventus . after the britons were wholly subdued by the romans , they receiv'd law and magistracy from their conquerors . net legibus suis patriis uti permissi sunt ( though it is impli'd , that they had laws of their own ) sed magistratus à populo romano cum imperio & securibus missi , qui jus dicerent , says learned cambden in his britannia page . for which he cites his authors . the saxons , who succeeded the romans , divided the nation into seven parts , and constituted the heptarchy . it were in vain to search for an house of lords , or any one supreme judicature all that time for all the nation . the supreme judicature in those times must be seven in number , if any ; for the seven were independent one of the other . most part of the state of the saxon government is so obscure ( says our great selden ) that we can see only steps or torn relicks of them , rather than so much as might give full satisfaction . if there be any thing in their times to our purpose , ( that is , concerning one supreme court of judicature , to which the whole nation was subject ) it must fall towards the latter end of the saxon times ; after egbert , king of the west-saxons , had reduced the other parts of the heptarchy under his obedience ; when they did in unum coalescere , and were all seven melted down into one mass. and after the several governments and parts were united , though the government was but one , yet there were three several and distinct laws remain'd in force , which had their several limits and precincts . see lambert , de priscis anglorum legibus , page . and these were not meerly some certain different customs ( for so it is to this day in our several counties ; as of gavelkind , and burrough - english , &c. but they were under three distinct systems or bodies of laws ; so that it could not be any way practicable during that time , to have any one great court of judicature for the whole land. by which of those three laws should that great judicature have proceeded ? but after some time those three different bodies of laws were found incompatible with one entire government , as it came to be at last ; and therefore king edgar ( a saxon king ) out of these three bodies of laws , by the counsel of his wise men , compos'd one great body of law to be observ'd by the whole nation of england . and edward the confessor gave new vigour and life of this new body , which was afterwards extracted out of those three old bodies of laws , and are indeed the fountain and materia prima of that which we now call , the common-law of england . from these we derive our trials by twelve men , our levying of fines of lands , and the offices of sheriff , coroner , constable , and many more of our laws , customs , and offices continued amongst us ever since unto this day . and these are those good old laws of king edward the confessor , which william the first ( who is stiled the conqueror ) did more than once swear to govern by ; which proves him to be indeed no conqueror . and these make up the greatest part of our magna charta . i shall mention some few precedents , in the time of the saxons , of their supreme judicature , and examine what resemblance they bear with that used at present amongst us . and then i shall give some account of the supreme court of judicature in the beginning of the norman government during the time of their first six or seven kings ; and by the way still examine , how justly any court now in being , can be said to derive their power from them , and to sit and succeed them in their seat. and in the last place , i shall make my conjecture , how and at what time the magnum concilium in parliamento , or the house of peers , first began to exercise the supreme judicature . and while i run through the precedents , and cite my authors , whoever reads them , may at the same instant make their observation of these particulars ensuing , which i conceive will evidently result and arise from them . . first , that the supreme power of legislature , and the supreme power of judicature ( which yet are distinct things in themselves ; for it is one thing , jus dare , and another thing , jus dicere ) both these high powers ( i say ) under our several ancient kings , resided in one and the same assembly , consistting of the very same persons , but with different methods in their way of proceeding , that is , whoever had an hand in the legislature , was not excluded from the judicature , wherein it differs from our present constitution ; which is , that the house of peers , who have but a share in the legislature , yet now claim to themselves the sole power of judicature as the last resort . . secondly , another thing that i shall observe out of the several precedents and authors that i shall mention , is this , that the great convention and assembly that anciently had these two great powers of legislature and judicature , were but one entire great body and assembly , not divided into two or more parts , nor distinguish'd ( as now ) into two houses , or by the names of lords and commons ; but these powers resided equally in them , tota in toto . . thirdly , that all , or the far greatest part of the members of these great assemblies , came not thither by the choice , or at the will and pleasure of the prince , as he thought fit to single them out by name , ( as peers are made usually ) nor did they all come by election or office , though there were some of both those sorts , viz. the bishops , and the burgesses of the burroughs : but the far greatest part came by a certain right they had to meet in those assemblies ; but what gave them their right , or qualification , or capacity , so to meet , doth not so clearly appear to an hasty reader of our history , and antiquities . it is evident , it was not any meer title of honour or dignity ; for anciently in england there were not any dignities but what were also accompanied with offices , and ceased with the office. but it did proceed from their lands and posessions : which as they gave them honour , so they gave them power and authority in those ancient times . and this they learnt from the romans , whose example was followed herein by most of those nations that had fallen under their conquest . . fourthly , these assemblies were very great and numerous , far exceeding in number both houses of parliament at this day ( were they both put together ) so that they cannot with any colour of reason be thought an assembly of lords only , ( as our novel writers would impose upon us ; ) for it is absurd to think that so great a number should be all lords , for then there would be none left in the nation to bear the character of commons , save only the plebs , or faeces populi : and the title or distinction of lords cannot subsist , without a body of some inferiors , from whom the lords may be distinguish'd . tolle relatum , & tollis correlatum . . fifthly , though the freeholders of the several counties did not then ( as now ) meet in those assemblies by their representatives duly chosen , so that any assembly could properly be said to be the representative of all the commons of england , ( which is much insisted on by our new fort of authors , who would decry and depress the house of commons , as being but of yesterday , in comparison with the antiquity of the house of lords ; that is , but from the nine and fortieth year of king henry the third ; whereas the lords have been ( as they affirm ) from time immemorial , and co-aeval with the nation it self ; yet ( which is more in vindication of the antiquity of the commons in parliament ) it will appear , that the freeholders generally met there themselves , ( in the great assemblies then used ) in their own proper persons , undistinguish'd by any such terms of lords and commons and all were upon the same level . a representative is but of the nature of a deputy , or delegate , to supply the place of one that is absent ; such as in the house of lords they call proxies , ( who sometimes have been such as were no members of that house ) and such as in the convocation of the clergy they call'd procuratores cleri . but the great freeholders , as being the principals ( rightly called ) may more properly , and in a true genuine sense be stiled , the national assembly . those met in their own proper personal capacity ; for the land-interest in the hands of the true owner ( the freeholder ) is the only true , stable , permanent , fixed interest of the nation . the farmers and copy-holders were at first , and in ancient times look'd upon , and accounted , but as servants and dependants upon the freeholders , and little regarded by the common-law . and for those that followed merchandize , and trade , though they ever sent to these great assemblies by election , ( the manufacture of woollen cloth greatly flourishing in the reigns of king henry the second , and king richard the first , which gave occasion to those ancient guilds or societies that were setled in lincoln , york , oxford , and other cities , and ancient burroughs in england ; which trade was wholly lost in the troublesome times of king iohn , henry the third , edward the first , and edward the second : and then our trade ran in woolls , wooll-fels , and leather , carried out in specie , till recover'd again by the peaceable times of king edward the third , as the most learned in the law , the late chief justice hales does assert in his origination of mankind ; ) yet those ancient burroughs were not then so numerous in those elder times , nor were the traders then in so great esteem , as having to do in moveables only , and a transient interest ; and as we use to say , here to day , and gone to morrow , and were therefore of an inferior account , and made no great figure . and it was then a legal disparagement for the guardian in chivalry to marry the ward , being the heir of a freeholder that held by knights's service to the daughter of the burgess of a burrough . . sixthly , the last observation shall be this , that the freeholders encreasing at last , in their number , by the sub-dividing of their posessions and tenures , and thereupon growing seditious and tumultuous , and an unwieldly body , and less valuable and venerable in their individuals and particulars , mole ruebat suâ , they came to be divided , and the greatest part of them at last discontinued their coming to these assemblies , and so they broke in two , and fell into two houses , and their powers became parted between them ; and one part assum'd or had assign'd to them , some of the powers , and the other part what was left : cúm quercus decidit , unusquísque ligna colligit . yet there is reason to think that it was thus distributed and determin'd by agreement in a national assembly . these observations and conclusions i have thought fit and proper , to propose before i peruse the precedents , and cite my authors ; that the reader may take notice , by the way , upon the opening of them , how properly , truly , and naturally these observations result , and are made out , some by one precedent and author , and some by another , which otherwise by an hasty reading might possibly escape the being observ'd . it will not be altogether impertinent , by the way , to take notice of the temper and usage amongst the ancient britons , before the coming of the romans , testified by our most credible authors which seem to have a countenance this way , viz. of translating all publick affairs by the body of the freeholders : and that it may appear , that this humour of the nation was , as we use to say , bred in the bone . although they seldom or never had any national assemblies , as before hath been observ'd , unless upon some great and extraordinary sudden occasion , like that of chusing cassibilan for their general upon the invasion by the romans , or the like , which was but temporary . tacitus , the roman annalist , says of the ancient britons , de minoribus rebus principes consultant : de majoribus , omnes . ita tamèn ut ed quóque quorum penes plebem arbitrium est , apud principes praetractentur . note , ( principes ) here signifies not princes or monarchs , but the great or chief men , as will appear by what follows . the plebs , or common sort , were not excluded , whenever they did consult , or transact any publick affairs . ziphilinus out of dio cassius , speaking of the britons . apud hos ( says he ) populus magnâ ex parte principatum tenet . this is not meant of the power of government , as if they were a republick , or had any thing of a democracy ; for caesar in his commentaries tells us , that the old and primitive government amongst the britons , as to the title and outward form of the administration , was monarchial and regal . olim regibus parebant ( says he ) . but it must therefore be understood , that the people had this principatum in subordination to the kings . it was not engross'd into the hands of an aristocracy ; and what can principatus else consist of ; unless in legislature and judicature ? our late innovators would have us believe , that ( populus ) doth sometimes signify only the lay-lords , met in these ancient great assemblies , in distinction only from the clergy ; as when our annals or records mention clerus & populus , ( as they often do ) it is not ( say they ) to be understood , as if the common people met ; but only those of the higher rank , the lords , or nobility . therefore i have cited tacitus , who speaks of the plebs , or plebeians , who used to meet to consult of the greatest matters , de majoribus omnes consultant , as before was observ'd . ( omnes ) comprehends the plebeians , and excludes none . but under their favour ( populus ) does most usually signify all but the highest rank , and is exclusive to them only , though sometimes by way of distinction from the prince or clergy . thus in that old lofty title of the roman republick , senatus populùsque romanus , where the word ( populus ) is exclusive of the senate , and distinct from it . thus learned vinius the civilian in his commentaries upon the imperial laws , page . says plebs à populo dissert , nam appellatione populi , universi cives significantur , connumeratis etiam patriciis & senatoribus . plebis autem appellatione sine patriciis & senatoribus , caeteri cives significantur ; but in no author ( till among these new writers of ours ) does ( populus ) signify the lords or patricians , exclusive to the middle or common sort ( as they would have it . ) to come to the times of the saxons , who next succeeded the romans , even in the time of the heptarchy , we have one instance or precedent in the time of ina , king of the west-saxons , ( which was the most powerful of all the seven , and at last swallowed up all the rest . ) lambert in his book , de priscis anglorum legibus , fol. mo . beginning with king ina , anno . says , he made his laws suasu & instituto episcoporum suorum , omnium senatorum suorum , et natu majorum sapientum populi sui , in magna servorum dei frequentia . brampton ( the historian ) as mr. selden cites him , renders it , multáque congregatione servorum dei ; and lambert again , fol. . says , king edgar anno . ( who was one of the english monarchs after the time of the heptarchy ) gave his title to his laws thus , viz. leges quas rex edgarus frequenti senatu sancivit : and afterwards , fol. . in a remembrance and recital of some of king ina's laws , it is said , hoc factum fuit , per commune concilium & assensum omnium episcoporum , principum , procerum , comitum ( no word of baronum ) for they were not in being till afterwards in the time of the normans . but the title of king ina's laws goes on , and says further , et omnium sapientum , seniorium , & populorum totius regni ; that is , in english , the common-council of the whole nation was made up of all these , and but one body . in the time of king etheluph , king of west-sex , there was a great assembly , or parliament ( says mr. selden ) held at winchester , anno . ( now above years since : ) where were present the archbishop ( but one ) bishops , and ducum , comitum , procerúmque totius terrae , aliorúmque fidelium infinita multitudo , for which he cites ingulphus . this was at that time the supreme judicature , and the last resort . there was a proceeding in a civil cause before their supreme court , or witena-gemot ; under king eldred , son to king edgar , who began his reign ( says dr. heylin ) anno . one leoffius had bought land of adelwold bishop of winchester , and denied to pay for it ; and he had also dis-seis'd the bishop of certain other lands : edicitur placitum apud londoniam ; where the duces , principes , satrapae ex omni parte confluerant ; which word ( satrapae ) extends to the middle sort , as i shall show by and by . the bishop coràm cunctis suam causam patefecit ( he opened and pleaded his own cause ) before them all . quâ , rè , benè , & ritè , ac apertè ab omnibus discussa ( not commanding the parties and auditors to withdraw while it was debated by the court ) omnes reddiderunt iudicium on the bishop's side . this case is also mention'd by mr. selden in his titles of honour , page . one case more that i shall trouble the reader with of the saxon times , shall be that of earl godwin in the time of edward the confessor , seld. ib. . there the king himself , in his own person , did sue an appeal of murder against earl godwin for the death of alfred ; the witena-gemote sate at london and the cause was heard before omnes regni magnates ; where the word ( magnates ) comprehended also persons of the middle sort , as well as those of the highest rank , ( as i shall clearly prove ) ; but the matter was compounded , and twelve earls bought it off with as much money as each of them could carry to the king in their arms. note , this was in the time of a saint king too , viz. ( st. edward . ) i come now to the times of the normans , where we may have a much clearer account , and by the precedents and writers of those times , the observations i have made concerning the different constitution of the supreme judicature then , from what is now used , will much more evidently appear . william the first ( stiled the conqueror ) though he took great care to enquire out the laws and customs of the realm used in the time of edward the confessor ( his immediate predecessor ) by a jury of twelve men out of every county , and took an oath more than once to observe them ; yet he introduced a mighty change in the state of affairs in disposing of the lands , and reserving new tenures . but this i may with some confidence affirm , that though the persons were changed , that is , french or normans instead of english or saxons ; yet the substance , the frame and constitution of the government still continued as it was before , and likewise the body of the laws . the saxons witena-gemot now began to be call'd a parliament , after the french language ; but it consisted of the same sort of men , whose right to meet there ( i speak as to the generality ) was from their possessions : and in like manner , and of the same persons , was the supreme court of judicature compos'd , though different in power ; yet was there no difference in the qualifications of persons . now the old titles of dux , alderman , or earl , heretoche , vavasor , and thane , where translated into comes , and baro , though very improperly . but long after this aera , or epoche , of the coming of the normans ( as before ) , they were no otherwise honorary than meerly as they were officiary , or feodal . there were no stars that serv'd only to shine and glitter , but they all had their useful influences too : and the honour was but the shadow or reflexion of their power and authority , and they had the ballast too of large possessions . ut romae olìm senatores è censu eligebantur ; so was it ever in england till the time of king edward the first , or edward the third , when meer swelling titles came in the place of offices and estates . and it seems very consonant to reason and justice , that none be admitted to a share in the legislature , ( which disposes of lands , and imposes taxes and charges upon them ; ) and that none have a voice in the supreme court of judicature , ( which judges and determines ultimately of estates and titles to lands , ) but such as have good estates in lands themselves ; as by the old saxon law ( which continues law still ) that none shall serve of a jury that is to try the title of land , but he that hath a freehold in land of his own . the bishops in the saxon times held their lands free from all secular service in frank-almoign ; but they had place and voice in parliament , as bishops , and as they were spiritual only , but not in respect of any tenure or baronies , as afterwards they did in the times of the normans . and burgesses were elected to serve for the several burroughs ( which were then but few ) as is clearly proved by the record of edward the second , of a petition of the burgesses of st. albans , as it hath been publish'd by mr. petit of the temple . and it is very likely , that the great officers of the kingdom came thither by virtue of their offices . but the greatest part ( no doubt ) of that great body , was made up of those who had a right to meet there in respect of their possessions ( their freeholds . ) and from thence , and from the great power and authority which they shared in , at those great assemblies , they were in the old saxon laws and annals stiled nobiles , magnates , proceres , primates , principes , seniores , sapientes , and by such like compellations . and from hence have arisen those gross mistakes and errors , which some of our late zealous writers have been guilty of , who affirm , that ever any one house , as now constituted , had that great power from the first constitution of the government . in our saxon laws and annals , all the great things that were acted in those times , and all the laws that were then made , and the judgments then given , are reported to be made and done , by persons describ'd and mention'd by the titles then in use ; namely , by the names of aldermen , or thanes ; and by the attributes of nobiles , principes , proceres , and the like . our norman translators when they translate those saxon titles , render them ( though unduly ) in the dialect , and by the titles used in their own times , viz. comites & barones ; because in their own times none were usually accounted magnates , nobiles , proceres , principes , and the like , but such as were in the ●●●mes stiled comites and barones . from hence our late inconsid●rate authors , ( such as sir robert filmer , mr. pryn , and others ) hastily catch at these mis-translations , and from thence fiercely argue , that all the power both of law-making and judicature under our ancient kings were only in the comites and barones , and so still ought to be ; and that the commons have but usurp'd upon the house of peers , and that from the time only of king henry the third . whereas in truth there were in those times of the saxons no such titles ( as comites and barones ) in use , to any such purpose as they have been applied to , since the coming of the normans ; and they had another kind of signification and power , long after the coming in of the normans , till about the time of king henry the third , than what they have now ; and not till much about the same time is it that these anti-commoners allow to be the first beginning and date of the jurisdiction of the house of commons ; and that till then there was no such house . our famous selden takes notice of these mis-translations of the saxon laws and annals by the norman writers , pag. . of his titles of honour . the translation , says he , of ( alderman ) or ( earl ) in king athelstan's laws into the word ( comes ) proceeded from the ignorance of them , who , after the norman monarchy , in their turning and translating the saxon laws , thought that ( earl ) was used for ( comes ) in king athelstan's time , because it was so afterwards in their own times . that kind of fault ( says selden ) is most common . sir henry spelman ( another of our learned antiquaries ) takes notice of the same errour in our norman translators , in rendring words and titles , non è more saeculi antiquioris , but according to the titles of honour used in their own times ; when in truth they signified different things . as if a man should go about to prove the name and office of high-sheriffs to be as ancient as the times of the romans ; because godwin in his roman antiquities , page . translates the words ( triumviri capitales ) into ( three high-sheriffs ; ) and should argue that whatever was done at rome by those ( triumviri ) should therefore belong to the office of our high-sheriffs , which would be ridiculous . we may as well argue that the vast power exercis'd heretofore in england by the capitalis iustitiarius angliae ( as his title was ) who indeed was all one with a pro-rex or viceroy ( and whose office wholly ceased in the time of king edward the first ) may now be used by the chief-justice of the kings-bench , who often hath the same title as ( capitalis iustitiarius angliae ) given him . ( nobilis ) says mr. selden in the saxon times denoted every gentleman . now because ( nobilis ) in our times is mostly restrain'd to the peers of the realm , whom we call ( the nobility , ) our new writers and arguers ascribe all that power to the lords in parliament , which they read in the norman translators ( such as matthew paris , &c. ) was exercis'd in the saxon times by those that in those times were stiled ( nobiles ) ; when in truth that power and authority was in the times of the saxons likewise in the hands of the middle sort of persons in the kingdom , as well as in those of the highest sort under the saxon kings , and all then called ( nobiles . ) thus ( thanes ) who in the saxon times signified lords of mannors , and was not a distinction of honour , is generally translated ( barones ) by our ( norman ) translators ; and that was not so altogether improperly done ( as i shall show by and by ; ) for the word ( baro ) from the time of the coming in of the normans , and a long time after , signified no more than a ( tenant in capite ) and was then no title of honour . the words nobiles , proceres , magnates , optimates , and such like , were not in the saxon times restrain'd to the men of the highest rank , such as our earls and barons are now ; but extended to all persons of the better sort , and above the vulgar . not only to patricians and those of the senatorian order , ( to speak in the roman dialect ) but also to those of equestris ordinis , excluding none but the ignota capita , or sine nomine turba , such as the romans stiled ( plebeians . ) sir henry spelman , in his glossary , page . avo henrici primi ( says he ) procerum appellatione computari videntur omnes maneriorum domini : so that titles in the saxon times , and in the beginning of the norman times did all resolve themselves into possessions of lands , and were feodal . for the word ( magnates , ) it most clearly includes also those of the middle sort ; or ( as i may term it in the now dialect ) of the lower nobility . mr. petit of the temple , in his book of ( the ancient right of the commons asserted ) cites a record in the tower , tertio of e. . membrana ta . dorso , rotulo clauso ; where there are these words enter'd , viz. inhibitio , nè qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . so that by this ( videlicet ) milites are comprehended , under the word ( magnates ) , and nobilis , is no more than ( notabilis . ) fleta lib. . cap. . fol. . . h. . in majori aula westm. in praesentia regis , archiepiscoporum , episcoporum , abbatum , priorum , comitum , baronum , militum , et aliorum magnatum regni angliae , &c. which allows ( milites ) to be ( magnates ) in the time of king henry the third , and some inferior to ( the milites ) under the word ( aliorum . ) lambert in his book de priscis anglor . legibus . fol. . recites verbatim a charter of king henry the first , de confirmationibus legum edwardi regis . testibus archiepiscopis , episcopis , baronibus , comitibus , vice-comitibus , et optimatibus totius regni angliae . so that the word ( optimates ) stoop'd as low as to knights and sheriffs ( for there were no vicounts till long after the time of king hen. the first . ) the same sense of the words ( magnates & proceres ) appears in a record of the exchequer in the king's remembrancer's office , inter communia brevia de termino trinitatis . . e. . nay , the words ( baro & baronagium ) which one would think should be propria quarto modo , to our peers , and should be peculiar and characteristical notes of distinction between peers , and all others their inferiors : these very words had a much larger extent , and were comprehensive of all tenants in capite ; nay , communicable to all lords of mannors , if not to all freeholders : and this for a long time after the coming in of the normans , who introduced them first amongst us . and the very title of ( barones ) gives all our peers , whether dignified with those higher titles of dukes , marquesses , earls , or vicounts , the sole right of sitting in the house of peers , and they sit there eo nomine , and not meerly by force of those higher titles . hence it is , i presume , that those higher dignities are never conferr'd alone , but accompanied at least with that most peculiar title of the peers , i mean the barons . now nomine baronagii angliae , omnes quodammodo regni ordines continebantur , ( says learned cambden ) in his britannia , page . and sir hen. spelman in his glossary , page , , , , . upon the words ( barones comitatûs ) says , hoc nomine contineri videtur antiquis paginis omnis baronum feodalium species . proceres nempè & maneriorum domini , nec non liberi quíque tenentes , anglicè freeholders , qui iudiciis praefuere aulae regiae , the then highest court of judicature . selden in his notes upon eadmerus . fol. . the same learned author , in his titles of honour . fol. . . tells us , that in the beginning of the reign of william the first , honorary or parliamentary barons , were only barons by tenure , and created by the king 's writ or charter of good possessions , whereby william the first reserved to himself a tenure in chief by knight's service , or by grand serjeanty . and that knights service was to serve the king upon occasion with such a number of men at arms as was reserv'd by the charter , or grant ; and this is called a tenure per baronagium , and the number of all knights fees ( out of which baronies were made up ) amounted ( as ingulphus , who lived in the conqueror's time , says , ) to sixty thousand knights , or men of war. now these tenants in capite were the most of those that made up the great assembly , called a parliament , and they were the judges of the supreme judicature ; for , as mr. selden says , in those times , tenere de rege in capite , and to be a baron , or to have a right to sit with the rest of the barons in councils , or courts of judgment , according to the laws of those times , are synonomies , and signify the same thing . all these tenants in capite ( had the whole kingdom been put into a scale , and weighed as bocaline the italian weighed all the princes and states in europe : these tenants in capite ( i say ) made up the greatest part of the weight , i may say , the whole weight , if land only were to be weighed . for under these tenants in capite by degrees in process of time , all the freeholders derive their estates , who are therefore to be accounted as cast into the scale with the tenants in capite ; who originally had all the lands : for lease-holders , farmers , and copy-holders , are but in the nature of servants or persons imploy'd under the freeholders ; and the copyholders did truly and literally hold their lands at first ad voluntatem domini , till time gave it the reputation of a legal custom , and to a more durable interest ; and leases for above years , were not allow'd in those ancient times ; but adjudg'd and held to be void , as vying in value with inheritance ; but they have of later times been countenanced by courts of equity , and made equal in esteem with freehold estates and inheritances , being altogether under the rule and government of those courts , and having their dependance upon the decrees of those courts , and have the same privileges and favours with inheritances , under the new notion of being by their decrees made to wait upon the inheritances , and subject to trusts , which those courts take upon them to have the controulment of ; and hereby the freehold and inheritance of lands are of little regard and value , in comparison of those high powers and privileges which by the law and original institution of the nation did at first belong to them : all this tends to the great subversion of the common-law , and of the very constitution of the nation ; and to all the good rules and orders of it ; and in length of time , if not before remedied , will bring all estates in land to depend upon decrees in equity , and to be ruled by their arbitrary proceedings , and then farewel to the common-law . and these freeholders , who were but the offspring of those ancient tenants in capite , are by the common-law , the true and right owners and proprietors of the kingdom : and accordingly , as in them was the true value , stable , firm , and fixed interest of the nation ; so in them did the law place the power and government under the king , ( who was always the supreme in the administration . ) hence it is , that a trial by freeholders , is in the sense and language of the law , a trial per patriam ; for they are indeed the country , and the country is truly theirs . and it is a mighty power if we enquire into it , and much of it still remains ; though it has been exceedingly abated and humbled , by the swelling of equity , and by certain acts of parliament made in troublesome reigns ; yet there are some remains , and the marks and footsteps of those many and great benefits that are lopp'd and pared off from it . these tenants in capite , and freeholders were the persons who under our kings made up the primitive constitution of our government , both as to the legislature , and the supreme judicature , or last resort , though now those powers run in a new channel . i shall instance in some of those ancient and inherent rights and freedoms , which those freeholders , or tenants in capite did enjoy at the common-law , and in the times of the saxons , and from times as ancient as any records do reach , till , by several acts of parliament , made for the most part in unquiet times , they were depriv'd of them : which will best discover the true and original constitution of the government , and give great light to the matter we have now in hand , viz. to find out the supreme judicature . almost all the suits and causes that did arise in the nation , came under the hands and power of the freeholders , ad primam instantiam , at the first rise of them , and they judged of them both as to matters of fact , and points in law , in the country . and then the greater and weightier matters of the law met the same persons again at the last resort of all causes in the witena-gemots : for these freeholders made up the main body of those common-councils and great assemblies . sir hen. spelman , in his glossary . fol. . speaking of the magnates and proceres , explains who were meant by those high terms , that is , the good freeholders . and he shows likewise what judicial power they had , in those first times . magnates , and proceres , were they , qui in curiis praesunt comitatuum , hoc est , ipsarum curiarum iudices , quos henricus primus , ( the son of the conqueror , ) legum suarum cap. . esse libere tenentes comitatus demonstrat . regis iudices ( inquit ) sunt barones comitatus ▪ qui liberas in eis terras habent . there are the persons and judges , viz. freeholders : per quos debent causae singulorum alternâ prosecutione tractari . there you have their power and jurisdiction . among the laws of king henry the first , c. . collected by mr. lambert , de priscis , &c. fol. . the title of the law is , de generalibus placitis comitatuum quo modo vel quando fieri debeant . sicut antiqua fuerat institutione formatum generalia comitatuum placita certis locis & diffinito tempore convenire debent ; nec ullis ultra fatigationibus agitari , nisi propria regis necessitas , vel commune regni commodum saepius adjiciat . intersint autem episcopi , comites , vice-domini , vicarii , centenarii , aldermanni , praefecti , praepositi , barones , vavasores , tungrevii , & caeteri terrarum domini . these were the judges of the court. then for the extent of their jurisdiction , and the universality of the causes , it proceeds thus , viz. agantur primò verae christianitatis iura , now termed ecclesiastical causes . secundò regis placita : pleas of the crown , or criminal . postremo causae singulorum , between party and party . and in the time of the saxons , who first introduced this course and method of justice , suitors were not permitted to pass by this first application and address , before the barones , or freeholders , ( whom now we call free-suitors at the country-court ) and per saltum to begin at the courts of westminster , or to follow the king 's : lambert de priscis , &c. fol. . it is amongst the laws , quas edgarus , anno . frequenti senatu sancivit , fol. . nemo in litem regem appellato , nisi quidem domi , justitiam impetrare non poterit : sin summo jure urgeatur ( if he meet with hard measure in the country ) ad regem provocato ; that is , to the king in his highest court. then was me proper time of appealing to the king in his great council ( as it is said in that magnum placitum , in ryley's placita parliamentaria , page . between humphrey de bohun , earl of hereford , and gilbert de clare , earl of gloucester , ( and they are the very words of the judgment in that case ) dominus rex est omnibus & singulis subditis suis iustitiae debiton . but the king alone in his own person never administred justice or equity , but together with his great court , or by his delegates ( the judges ) in inferior courts , as i have fully prov'd in my treatife of the chancery . these great freeholders , or tenants de rege in capite , as they were , and still are the judges of the county-court , ( which in ancient times was the most busy court , ) so they had by the common-law , and from time as far as any record , or english history does reach , that mighty freedom of chusing all both civil and military officers or magistrates under whom they lived . they chose those that the saxons call'd heretoches , or ductores exercitus , whom , according to the dialect of the present times , we call lord-lieutenants , and deputy-lieutenants , and the rest of the commanders . these they chose at their folk-moot , or county-court . these freeholders chose the sheriffs of the several counties , which we all know by sad experience , many times , nearly concerns our lives , estates , and liberties : for these sheriffs have the posse comitatus , and the return of juries , and the execution of all publick and private justice . these freeholders had the election of the conservators of the peace , who had that power which is now in the hands of the justices of the peace , and hath been so from the beginning of the reign of king edward the third , at which time it was wrested out of the hands of the freeholders by an act of parliament procur'd by queen isabel , during the life-time of her deposed husband , and in the minority of her son king edward the third , meerly to gain the power of the kingdom into the hands of her party that she made against her husband ( the deposed king. ) and ever since the conservation of the peace hath been in the hands of the commissioners ; or justices of the peace . this we are taught by our acts of parliament , and by the learned lawyer and autiquary ( mr. lambert ) in his eirenarcha , fol. . and , . and . and by sir edw. coke in his second instit. fol. , and . these freeholders ever did , and still do to this day chuse the coroners ( who were heretofore the most sufficient knights of the county . ) and they still chuse the verderors where there are any forests . all this appears to have been the right of the freeholders long before the conquest . see lambert , in his book of the saxon laws , fol. . among the laws of king edward . erant & aliae potestates & dignitates ( for power and offices , titles and dignities in those times went hand in hand . ) per provincias & per singulos comitatus totius regni constitutae qui heretoches apud anglos vocabantur . sc. barones , nobiles , & insignes sapientes ; latinè verò dicebantur ductores exercitus . isti verò viri eligebantur per commune concilium per singulos comitatus in pleno folk-mote , sicut & vice-comites comitatuum eligi debent . ità quod in quolibet comitatu semper fuit unus heretoch ▪ electus . these are not the words of mr. lambert , or meerly his opinion and conceit , he only recites the words of the law in the saxon times . and the law does refer it to the times of the english , or britons , for they were the men who called these leaders by the name of heretoches . thus we see how large an extent this word ( barones ) did bear ; that it comprehended all tenants in capite , who at first were the only freeholders : till by subfeodations the number of freeholders encrease'd infinitely , which caused a great alteration . but the first tenants in capite had large possessions . notandum est ( says sir hen. spelman ) libere hos tenentes nec tam exiles olim fuisse , nec tam vulgares , ut hodiè deprehenduntur , nam villas & dominia in minutas hereditates nondum distrahebant . we have set forth their country jurisdiction ; now to speak a word of their supreme jurisdiction . sir henry spelman in his glossary tells us , barones olim de causis cognoscebant ad aulam regiam delatis . there was the last resort , and the court of equity . king william the first ( says mr. selden ) in the th year of his reign , brought the bishops and abbots under the tenure by barony , concilio baronum suorum , which by the proofs that i have already offered , signify the tenants in capite , and the eminent freeholders , and a parliament , ( as mr. selden takes it . ) the bishops contended earnestly against it ; for the power and jurisdiction being then in the hands of so great a number , it made it the less desirable ; so that , as sir hen. spelman tells us , the clergy look'd upon it as a diminution of their former immunity and freedom which they had assum'd and adjudg'd due to themselves . detrahere videtur nomen baronis ab ecclesiasticarum immunitate quam tunc ecclesiastici maximè splendebant . hoc . nostratibus ( says sir henry spelman ) jugum injecit , omnium primus . willielmus senior . but in the tenth year of king henry the second , thomas of becket , that proud and insolent prelate , would have cast off this yoke again , like a son of belial , and he stifly stood upon the exemption of the clergy . then ( says selden ) that great parliament at clarendon was held : and roger of hoveden says , that clerus & populus regni were then assembled , which mr. selden expounds to be a parliament . in this parliament ( says selden ) those avitae consuetudines ( which made the great quarrel between thomas of becket , and king henry the d. ) were recogniz'd . and it is very material towards the deciding of another great controversy that has of late been agitated , that custom for the prelates withdrawing from matters of blood , is recited as one of these avitae consuetudines ; for the bishops ( as i observ'd before out of mr. selden ) had places in those general conventions in all the times of the saxons . and in all those times it seems it was their custom to withdraw : for it was avita consuetudo , and we know that customs must be exactly pursued . and this custom is acknowledg'd and declar'd by act of parliament , ( the parliament at clarendon . ) though by the ancient canons of the church , ( which was the ground of that custom ) at first it was left to their own choice . among those articles this was one , quod archiepiscopi , episcopi , & universi personae qui de rege tenent in capite , habeant possessiones suas de rege , sicut baroniam , & sicut caeteri barones debent interesse iudiciis curiae regis cum baronibus quoúsque perveniatur ad diminutionem membrorum , vel ad mortem . who these ( barones ) were in those times most plainly appears by this very law , viz. they are such qui tenent de rege in capite : and what their right , and power , and jurisdiction is , ( for which purpose i chiefly cite it ) debent interesse iudiciis curiae regis : this curia regis plainly appears to be the supreme judicature , which we are enquiring after , and which some late writers conceive did in all times belong to the house of peers ; but 't is a mistake in them , by occasion of the word ( barones ) mention'd in it ; and they think it bears their signature , and peculiarly belongs to them : whereas by this law it undeniably appears to belong to that vast number of tenants in capite . and if we may believe sir henry spelman ( who is fide-dignus , ) the honour was so much the less , because it was transferrable . cum autem feodales isti barones nomen dignitatémque suam ratione fundi obtinuerint , transferre olim aliquando videatur cum ipso fundo . the terra did transire cum onere , for so the honour , being accompanied with a duty , was accounted in those days : honos was not without the onus . the only titles that we meet with in the saxon times , as we learn out of mr. lambert , sir henry spelman , mr. selden , and mr. cambden , are alderman , which in the times of the danes was translated into eorl ; and in the norman times into comes . and the title of heretoch . ( which i have just now explain'd ) and those other titles of vavasor , and thane , had all a reference to possessions in land ; and were rather officiary than honorary , and were generally due to these tenants in capite , who were the same with ( barones . ) for that of alderman , or comes , or satrapa , says cambden , in his britannia , page , and . comitis nomen ut dignitatem notaret sine administratione , in usu non fuit , in the elder times ; and so says selden in his titles of honour , page . nec dum haereditaria fuit dignitas : initio dignitas temporaria posted vitae aequalis . but in that age , titles of honour and place were no more hereditary , than virtue and true worth were , which are not ex traduce ▪ in the beginning of william the conqueror , comites caeperunt esse feodales & hereditarii . dux nomen officii , non honoris , says cambden , page , . oneris , non honoris . it was no title of honour , till king edward the third made his son edward the black-prince , duke of cornwal . and king richard the second , ( that prince's son ) made robert de vere the first marquess , that is , of dublin . and king henry the sixth made the first viscount , which still is also a name officiary . selden's titles &c. page . the king's thane was he that held of the king in chief by knight's service . he was of the same kind with them , who after the coming of the normans , were honorary , of parliamentary barons . the name of vavasor , says seld. ib. . was feodal only , and not at all honorary . in doom's-day ( says he ) it sometimes occurs as a synonomy , with liberi homines regis . these tenants de rege in capite , were the persons that had right to sit in parliament , and in the supreme judicature and councils , during the times of the first six or seven of the kings next after the coming of the selden's titles , &c. pag. . to the magnum concilium , and solenne concilium . king henry the second , omnibus qui de rege tenebant in capite mandari fecit , &c. and mr. selden ib. pag. , and . gives us precedents of causes determin'd in this high and supreme judicature . as that between thomas archbishop of york , and ulstan bishop of worcester , touching certain possessions , anno quarto of william the first . in concilio coram rege , archiepiscopo , episcopis , abbatibus , commitibus , & primatibus totius angliae ; and it hath already been shewn , who are understood by ( primates . ) and ib. pag. . there was a decree made touching the primacy of canterbury , totius regni assensu ( says eadmerus ) which ( says selden ) , expresses a full parliament , suppos'd to be in the fifth year of the said william the first , at pinneden in kent . now for the mighty number of which this great assembly did ever consist , mr. petit , in his book , wherein he asserts the right of the commons , pag. . cites a passage out of matth. paris . pag. . who says that in the year . decimo sexto iohannis regis , there met tota angliae nobilitas in unum collecta , quae sub numero non cadebat ; and yet 't is called ( nobilitas . ) and cambden , in his britannia , pag. . speaking of their number , says , ipsaque baronum multitudo persuadet tales fuisse dominos qui jus in suâ ditione dicere possent . all lords of mannors that had their courts baron , which from thence had also their name of courts baron . sir hen. spelman in his glossary says of these barons , that they were ingens multitudo , quae plus minus , were thirty thousand , nullo tecto convocari poterat . therefore they met in great camps and fields . and sir hen. spelman says , he can hardly believe ( quod nonnulli perhibent ) quod omnes barones locum aliquando in summis illis comitiis obtinuisse , because of their vast number . by all this that hath been said , and so fully proved , i suppose it clearly appears , that those that made up the assembly for the legislature , and supreme judicature , came thither by a feodal right ( unless the burgesses only , and some ecclesiastical persons , and some great officers . ) here is not in all these precedents , records , or testimonies of approved authors and antiquaries , the least mention of any distinction among them , like that of lords and commons , or upper and lower house ; or that they were divided in their place of sitting or meeting ; for as is before observ'd , their number was so vast , that nullo tecto convocari poterant . no one house could hold them . in the case of godsol , and sir christop . heydon , . iac. in serjeant rolls . rep. fol. . it was affirmed by sir edward coke , that in ancient times all the parliament sate together ; and that he had seen a record of it in the thirtieth year of henry the first . but william pryn ( according to his accustomed humour ) contradicts sir edward coke in this , in his preface to sir cotton's abridgment of the records of the tower. it may be concluded , that they all had a right to come to the great convention ; for had they all been called by special writs , ( as the lords now are , ) the king would never have call'd so great a number , which do but hinder business . there is not the least mention of special writs , and it would have been an infinite work to issue out so many writs , printing not being then invented . therefore no doubt but they came thither by a general summons . there is not the least intimation of any distinction in their power , but every one had a like share in the power , both in the legislature and judicature . none came amongst them by a meer title of honour and dignity , but in right of their possesions and tenures . this was not indeed the representative of the nation ; but , ( as i said before ) the principals , and in effect , the whole body of the nation , which is much greater . but at last this great body fell with its own weight ; for , says sir hen. spelman , cùm sua tandem laborarent multitudine conventúsque sic magis premerent quàm regni negotia expedirent , ( they did rather hinder than help ) consultius visum est , ut neglectis minoribus , praecipui tantùm , per breve regis evocarentur . it was with this constitution of the great assembly of the freeholders of the nation , as it happen'd with the city of rome , when it had attain'd to its acma and full growth , mole ruebat suâ . and learned cambden tells us in what time a division of this great body was effected . henricus tertius ( says he , ) ( in his britannia , pag. . ) ex tantâ multitudine ( speaking of the parliament in those times ) quae seditiosa & turbulenta fuit , optimos quosque rescripto ad comitia parliamentaria evocaverit . here we have plainly the original of the house of peers , and of particular and special rescripts or writs of summons to the optimacy , distinctly , and by themselves . cambden quotes his author for this , but names him not . ex satis antiquo scriptore loquor , ( says he . ) it was referr'd to the king to single out , and select some to whom he thought fit to direct his special writs or summons , and these and no other were to come to parliament . if this may be credited , then we have the epoche , and the date of our present constitution , and the original of the division of that very ancient , great , and numerous assembly ; and it made a mighty metamorphosis and change. the freeholders parted with that great power and interest which they had both in legislature and judicature , from the very foundation of the government , and the nation it self : even from the time of the ab-origines , ( if there were ever any such , ) and they have been upon the losing-hand ever since , as appears by what i have already observ'd in closing their rights of elections . and thus they brake in two , and became two houses both at one time , and were twins in their birth . here was no primogeniture , yet the one went away with a double portion upon the parting . and this ( taking in the history ) is a confutation of that opinion , that the house of commons ( as being by election ) was in time long after the date of the house of peers ; surely they started both together . great selden agrees in the substance with mr. cambden , but differs from him only in the time , and some other circumstances , when this revolution happen'd . and for mr. cambden's satis antiquus author , mr. selden professes he diligently sought for this author , but could never meet with him ; nor does mr. selden give any credit to that author . he supposes the distinction of majores , and minores barones , ( which doubtless did arise upon this revolution ) pag. . began not long before the great charter of king iohn ( father to king henry the third ) and that charter was made in the seventeenth and last year of king iohn . this division of barones ( which all writers agree in , and which appears by king iohn's great charter ) evidently shows , that the two houses began at the same time ; for majores cannot be without the minores . but mr. selden supposes this was done by act of parliament , though that act be not now extant : nor is there any express memorial of it . and he supposes it was not submitted to the king to chuse out whom he thought fit ; but that the act of parliament did mention them by name at first , to whom particular writs were to be directed . some part of the very words of that charter of king iohn's we have in mr. selden's titles of honour , pag. . and in sir hen. spelman in his glossary , pag. . faciemus ( says that great charter ) summoneri archiepiscopos , episcopos , abbates , comites , & majores ▪ barones regni , sigillatim , per literas nostras : et praetereà faciemus submoneri in generali per vice-comites omnes alios qui in capite tenent de nobis ; which is a clear proof , that till about this time , there was no distinction : and that which did constitute a parliamentary baron , was his tenure de rege in capite ; so that all who held in capite , had an inherent right to sit there . and that before this time , all came by a general summons directed to the sheriff . what hath been hitherto said serves to prove , that before this time of king iohn , or king henry the d ( his son ) there was only one great assembly of the nation ; that is , of the most eminent , and all the considerable and interested persons of the nation , who came not by election , save those that were chosen from the few and ancient burroughs : nor was there then any representative , as now . and that those great assemblies were in those times the true baronage of england , and that the word ( baronage ) did not belong only to such as the king by special writ is pleas'd to call or summon ; or by patent to confer the title upon ; but as our most judicious writers tell us , the word ( baronagium ) did extend to all degrees and orders ; for they came to all great assemblies by tenure , till the aforesaid time of division . and there are the footsteps of this ancient right still amongst us , in that the freeholders ( whom we call free-suitors ) are still the judges of that court , which anciently was the great and buisy court ( the county court. ) and those elections that are still remaining of trustees or representatives in parliament , and of divers legal officers , which must be by freeholders only , and the persons to be chosen , ought to be out of the freeholders themselves . and so much of the ancient constitution of a baron still remains , as that in his creation he must be entitled of some place , that it may favour of the realty , and make the honour and title inheritable . and the baron still continues his freedom from arrests , as having by presumption of law , an estate in land , which will make him liable to justice : and therefore a distringas shall issue out against him instead of a capias . and the law will allow of no averment against a peer , that he hath no lands whereby to distrain or to levy issues upon . no doubt but the lords had from the time of this great division ever since , a very large , though not an universal jurisdiction ; nor have they had it from the very first constitution of the government , as is by some pretended . when this great assembly , this great and numerous body , was divided into parts , no doubt but the several parts did ( as the four great captains after the death of alexander the great did ) assume and take to themselves by agreement , several shares of the power that was then dissolv'd . the lords took a large share , and the commons , ( for so now they began to be distinguish'd ) took the rest ; and we may reasonably suppose it was confirm'd by some law that then pass'd , and hath been since lost . and the like presumption we know is made by our courts of law in many like cases : and it is well known that the parliament - rolls of that time are all lost . and the best rule whereby to judge what was allotted to each , will be by ancient , constant , quiet , and uninterrupted usage and practice . usus & consuetudo est lex parliamenti . the house of lords did exercise a jurisdiction in cases of appeals for criminal causes , till by the act of mo . of henry the th c. . they were restrain'd . that act doth ordain , that from thenceforth no appeals shall be pursued in parliament , the exposition of which statute must be made by observing the mischiefs that occasion'd the making of that law , and the constant practice after it . the preamble recites , that many mischiefs did often arise by appeals : and the history of the times of king richard the d. ( the next preceding king ) tells us what those mischiefs were : when in that disorderly troublesome reign , the lords were so divided into feuds and factions , that the lords ( who were to be the judges ) became parties , and were appellants one against another . this was the mischief . then for the practice after the making of that act , that law was never intended according to the generality of the words , to exclude all appeals whatsoever , but such only as were at the suit of private persons . for the constant practice hath been , ever since , as well as before , to admit of appeals in parliament , when they come to the lords by impeachment from the commons . the lords had , and still retain , the jurisdiction over their own members , for trial of peers in cases capital . the lords had , and still have the jurisdiction in writs of error , to examine judgments given in the king's-bench ; but this was under certain rules , and with some restraint ; for constant and quiet usage and practice do warrant all these . let us enquire into the placita parliamentaria , i mean those that are publish'd by mr. ryley , of the times of king edward the first , king edward the second , &c. and observe what light they give us . the true title of those pleas are placita coram ipso domino rege & ejus . concilio , ad parliamenta sua . in which titles , regis concilium , & parliamentum , seem to be distinguish'd , and to signify two several things ( as in truth they did . ) when and how came these pleas to be discontinued ever since the time of edward the th ? when did the law pass that restrain'd them ? we have not one such plea to any effect , between the time of king edward the fourth , and the time of king iames the first , nor from thence to this day , near years . what is come in the place of them ? the placita parliamentaria were in a strict and regular form of pleadings . the petition of declaration , the plea , the replication , the rejoinder , and the continuances entred upon record in latin , and the process was by latin writs ; and all the proceedings entred upon record in latin , as proceedings at the common-law ought to be . how came this to be altered ? all of later times ( at least before the lords ) are in english , and the process are english orders only . had these placita been before the lords , how happens it that there are so few ( if any ) reports among them of pleadings upon writs of error , which the lords claim as out of all dispute to be within their jurisdiction ? hardly any of these are to be found amongst them ; and these had been worthy reporting , being in matters difficult , weighty , and full of learning . what was this regis concilium ( so constantly mention'd ) in these pleas , as those before whom they were held ? ☞ amongst these records and pleas , we find all the peers themselves in a body several times petitioning to the king and this council , and receiving orders and rules from that council . it is absurd to think , that all the lords in a body would petition to themselves ; as at the parliament held th of edward the ryley's placita parliamentaria , pag. . ex parte praelatorum , comitum , baronum , & aliorum , porrecta est petitio in hoc parliamento , in haec verba . a nostre senior le roy & a son counceil monstrent les erce-evesque praelats , counts , & barons , & les auters grantz seigniors dela terre . concerning payment of escuage . and the answer to this petition is , per concilium regis , the like ib. pag. . we have another example of it in the appendix to that book , viz. of the time of edward the second , pag. . wherein the lords in a body pray liberty to approve or improve their mannors , without the king's license . and the answer to it is , that it could not be done without a new law , to which the commons would not consent . it is evident in those records and pleas , that others are mention'd to be of that council , then the peers , as pag. , and . there is an inhibition by the treasurer , and the concilium regis , not to deliver a prisoner ; and page . th edward . the king appointed who should receive petitions at the parliament , and who should answer them : and those that were appointed to answer them are called triers of petitions : these seem to be the persons that made the great council , or the king's council , ( as they are called in those records . ) these in parliaments of late have been wholly discontinued . we find this council , while they were in being , sate in places , where we cannot reasonably suppose that the house of lords ever sate ; as pag. . in mr. ryley's placita parliamentaria , coràm rege & concilio apud lond. in domo ottonis de grandissono , extra palatium ipsius domini regis apud westmonasterium . and pag. . at bergavenny ; and pag. . at stilbeneth . extra london , which i suppose is meant of stepney . and the judges are mentioned as members of this council , pag. . not meer assistants . now we come to writs of error ; wherein it is generally admitted , that the lords have a jurisdiction , and from thence ( as i suppose ) it is inferr'd by a parity of reason , that they likewise have a jurisdiction in appeals from courts of equity . an appeal from a decree in equity being something of the same nature with a writ of error at the common-law . it is true our law-books are full of this title , and speak of error sued in parliament . but under favour it is not of an universal jurisdiction in all cases of erroneous judgments , but with divers restrictions , and under certain rules in our law-books . it hath been often resolv'd , that the lords cannot proceed upon any writ of error , till first the king hath sign'd a petition for the allowance of a writ of error to be sued out . as in the year-book of edward the d. fol. . it is there held , that a writ of error in parliament lies not , till the king be petition'd for it , and till the king have sign'd the petition . which signing is indeed the commission which gives the authority . and in the case of edward hadelow , where judgment was given for the king : upon the king's signing a petition for a writ of error , and the writ sued out , the roll in which the judgment was entred , was brought by sir william thorp , chief-justice of the king's-bench , into the parliament : upon which the king assign'd certain earls and barons , and with them the iustices , to hear and determine the business : and before it was determin'd , the parliament was ended ; yet the commissioners sate still , but the king was gone . and it was urged before the delegates ( for so they are called ) that the judgment could not be revers'd , except in parliament ; and there it is said , that the king hath no peer in his land , and that they cannot judge the king. how came that in to debate ? why it was in the case of an outlawry , which is always for the king's benefit ; and where the king is concern'd , the lords have no jurisdiction without the king's allowance ; and the king doth not think fit to refer it to the whole house of lords ; yet the king will have justice done , and he will be inform'd if the outlawry were duly sued out . but the king himself assigns the persons that shall judge of it ; and yet it is said , that this is suing error in parliament ; for when the parliament is risen , it is held that the delegates appointed by the king could not proceed : so that pleas may be held in parliament by the king and his council , such as he shall specially appoint for that purpose at every parliament . and yet they may be stiled placita parliamentaria , being transacted only in time of parliament , but not by the parliament . this case of edward hadelow teaches the true nature and course of a writ of error in parliament , and the right method of proceeding upon it , and the king's prerogative in it : and how that case wherein the king is any way concern'd in interest , ( as he is in cases of outlawry ) shall be examin'd by none but such as are specially assign'd by the king. see the case in the year-book of mo hen. the th . fol. . flourdew's case . by advice of all the judges in the exchequer-chamber , which is a case reported in latin ; oportet partem habere billam de rege indorsatam : et super hoc cancellarius faciet breve de errore , et tunc capitalis iusticiarius de banco regis ; ( so that it is only from the court of king's-bench , but no other court ) secum adducet in parliamento breve de errore , et praedictam billam sic indorsatam . and the clerk of the parliament is to have the keeping of the bill endors'd ; this proves that it is their commission by which they proceed , and it must remain with the clerk of the parliament , not with the chancellor . the lord dyer's reports , . eliz. fol. . tit . error . plac. . there is a supplication sign'd by the queen , for a writ of error . we have another precedent in sir more 's reports . fol. . in the case of heydon and sheppard . pasc . . iac. mi the like in leornard's reports the d. part . fol. . in the case of the queen and hurlston . now concerning proceedings in equity in general , the english court of chancery , ( the court of equity there ) it hath not been of any great antiquity , and upon what legal foundation it stands , is not easily to be affirm'd : as i have made appear in a larger treatise , of the original of the iurisdiction of the chancery in matters of equity ; to which i refer my reader . our ancient authors , as the mirror of iustices , glanvil , bracton , briton , and fleta , although they treat of the chancery , as it proceeds according to the rules of the common-law , viz. in repealing of patents , and in cases priviledg'd , yet none of them do once mention the court of equity there ; and yet their undertakings were to treat of all the several courts then in being , which proves the court of equity in chancery was not then in being . it hath been adjudg'd , . and . eliz. in the king's-bench in perrot's , and in marmaduke langdales case . cok. . rep. fol. . that a court of equity cannot be erected by patent , but only by act of parliament , or by prescription . and the chancery hath no prescription for a court of equity , as appears by those ancient authors . if the chancery it self have no right of prescription , then there is no foundation for any prescription in cases of appeals ▪ nor is there any act of parliament that gives it . the first decree ( as i take it ) in chancery , is but of the time of king richard the second ; and that was revers'd , for that it was in a matter properly determinable at the common-law . the best proofs of the power and jurisdiction of a court are the records and precedents of a court : and if it be by prescription , it must appear by ancient and frequent precedents . plowd comment . in the case of the mines . fol. . b. and if any court usurp a jurisdiction in a case where it appears in their very proceedings themselves , that it hath no lawful jurisdiction ; what they do in such case is coràm non iudice , and is utterly void . now concerning the exercise of a jurisdiction by way of appeal from a court of equity for error in their decrees , i shall make mention of the very records , and acts of the house of lords . i have search'd into the journal of the lords , and i find a record or entry there of the parliament held iac. . anno . and we need search no higher , for that gives a full account of all the times then pass'd , as to the point in hand , viz. of the supreme judicature and jurisdiction . iac. . fol. . of the lord's journal , i find by an entry of the th of november in that year , that a comittee had been named by the lords to take into consideration the customs and privileges of the lord's house , and the privileges of the peers , or lords of parliament . and that a sub-committee had been named , who had express power to reward such person as by their warrant should search among the records for privileges and customs ; and that mr. selden had been appointed for that purpose , and had taken much pains in it . i observe by the way , that the house of lords were not then of the same judgment with the noble author i have before mentioned , who asserts the right of judicature of the house of peers to be by the very first constitution of the government , universal , and in all causes whatsoever , unless restrain'd by some act of parliament . had that been true , there had been no need to search for precedents to warrant their proceedings in any case . it had been sufficient to justify the proceedings , if no act of parliament could be found to restrain them in any such case ; the labour of which would have been properly on his part that would presume to dispute their jurisdiction . no , the lords took the right course to examine it ; if there were no precedents , the lords concluded that then they had no right to a jurisdiction ; and no persons , nor court , can assume to themselves at their own will , any authority or jurisdiction ; quis me constituit iudicem ? said our blessed saviour , there must be a constitution of it . and it was properly enough ask'd by the scribes and pharisees of our saviour , who gave thee this authority ? i would observe too , that the sub-committee of the lords employ'd for that purpose , ( of searching for precedents ) a person , who was in his element , ( the famous selden ) ; no record could escape his discovery further in the th folio of that journal of the th year of king iames , on the th of december , the then archbishop of canterbury ( for he , it seems , took special care of it ) mentions in his report to the lords the proceedings of that committee , viz. a collection made of customs and orders of the lord's house , and of their privileges made out of records : and he presented that collection to the house , and desir'd it might be preserv'd as a memorial whereunto men may resort as occasion should require , and make use of it . it was thereupon ordered by the house , to be delivered to the clerk to be kept for that purpose . so that this was intended by the whole house of lords to be a standard , whereby to measure and judge of their jurisdiction and privileges for the future . i find the title of that committee , fol. . to be , a committee for searching for precedents for judicature , accusations and iudgments , anciently used in this high-court of parliament . this shows , it must be an ancient usage or nothing . therefore late and modern usage and precedents , are , in the judgment of the lords , of no great weight , to entitle them to a jurisdiction . moreover , fol. . of that journal , there is an order made , . mar. . for collection of money among the peers to pay the charge for searching for records in the tower , and elsewhere , and to have copies of them certifi'd under the officer's hands . every earl and viscount was to pay forty shillings , and every bishop and baron twenty shillings . i have perus'd that book , entitled , a collection of privileges or special rights , belonging to the baronage of england . what is meant by that title , appears by the table to the book , which consists of these heads following , viz. st iudgments of offences capital . fol. . b. st iudgments of offences not capital . fol. . st iudgments upon writs of error in parliament . fol. . another head , is , the lords appointing judges out of themselves , for examination of judgments in other courts , fol. . i thought this last head , or title , might afford something to our purpose , relating to appeals . under this head there is nothing mention'd but concerning erroneous judgments given in the court of king's-bench at westminster , or upon the statute of elizabeth , cap. . of judgments given in the exchequer-chamber , by the judges of the common-pleas , and the barons of the exchequer , upon error to examine judgments given in the king's-bench ; from whence error lies also before the lords , by the express words of that statute ; which no doubt is therefore a very legal power and jurisdiction in the lords , being exercis'd in the method directed by law , as before is observ'd . the book of this collection expresly takes notice , that no writ of error lies in parliament upon a judgment given in the court of common-pleas , till that judgment have been revers'd , or affirm'd in the king's-bench . as it was answer'd in parliament , in the case of the bishop of norwich . rot. parl. . e. . articl . . the like resolution did the lords give after hearing all the judges , and long consultation , and a referring the consideration of that matter to a numerous committee of the lords , in a case of the late earl of macclesfeld ; wherein that earl was plaintiff in the exchequer , in an action of slander , and judgment there in that court given against him ; whereupon the said earl ( since this last revolution ) sued error before the lords , passing by the method directed by the stat. of . e. . cap. . for suing error upon judgments given in the exchequer ; and the lords were upon the very point of reversing that judgment in the exchequer ; but being by one of the said judges then also sitting on the upper wooll-sack , put in mind of that stat. of e. . they did forbear to proceed to do any more upon it , referring it to the order limited by that statute . this proves , that the lords are tied to a method too , in cases where they have a rightful jurisdiction : they must not take it ad primam instantiam , nor per saltum . in that collection i have mentioned , under that lemma of examination of iudgments in other courts ( which is comprehensive enough ) i find notice taken of hadelow's case . . e. . fol. . and flourdew's case , h. . fol. . which i cited before at large . and these concern only cases of erroneous judgments in the king's-bench . under the title of offences not capital , there is mention of no case but upon accusations for criminal causes . it begins with latimer's accusation of iohn at lee for offences against the state. it mentions the case of richard lyons , for procuring of patents for private advantage , and of the new impositions without parliament . it instances in the case of william lord latimer accus'd by the commons , and the case of alice peirse . and the case in richard the d num . . of michael de-la-pool , chancellor of england , accus'd by iohn cavendish of london , fishmonger , for bribery . and the earl of northumberland's case , h. . num . . and thorpe's case ; but they are all in criminal causes . while this committee was in being , i meet with an appeal made to the lords from a decree made in chancery : and ( as i take it , ) 't is a decree made by the lord bacon ( though he is not named by his name ) it is fol. . in the journal of the parliament , . iac. . the third of december in that parliament , sir iohn bourchier by petition appeals to the lords from a decree in chancery , wherein he himself was plaintiff against iohn mompessom and others , and there were cross suits , and they were about accounts between them . and sir iohn bourchier had a sum of money decreed to him , but not for so much as he thought was due ; and therefore he appealed , and complain'd in his petition to the lords , of an hasty hearing of his cause in chancery , and that his witnesses were not heard , and uses the very formal word of appeal in his petition . fol. . . december , it was referr'd to the lords committees for privileges , to consider whether it were a formal appeal , or not . i must confess , it doth not clearly appear to me , what the true meaning , or ground of that order is ; for ( as i now said ) the petition does expresly use the word ( appeal . ) the th of december fol. . the lord archbishop of canterbury reported , that divers lords sub-committees appointed to search for precedents , ☞ cannot find that the word ( appeal ) is usual in any petition for any matter brought before them . this deserves to be noted . so that it seems the lords committees understood the meaning of their order to be , to search for precedents ( if there had been any ) where the lords had used in former times to admit of , and to receive appeals before them , against decrees made in chancery , or in any court of equity . the archbishop further reports , that they could not find so much as the word ( appeal ) used in any petition ; and that it must have been by way of petition , if any way . this shows the novelty of it ; for he likewise reports , that all matters complain'd of before the lords must be by 〈◊〉 petition , and in no other form. and that the ancient accustom'd form of the petitions must be ( to the king and his great council ; ) this is very observable . note here , that the direction and entitling of petitions to the lords spiritual and temporal in parliament assembled , omitting and leaving out the king in the direction ( as it is now used , and hath been ever since king charles the first went away from the two houses in . ) is not according to ancient form and custom . and that the ancient accustom'd form was not to the lords , by the title of the lords spiritual and temporal assembled in parliament , as now used , but to the great council . whom that great council did consist of , and by whom nominated and constituted , i have made some conjecture , by what i have before in this treatise discours'd of , concerning that magnum concilium in parliamento ; and concerning the ancient and constant usage till of late years , and until the separation between the said king charles , and the parliament , of the king 's appointing triers of petitions in every parliament . let the reader take occasion here to look back upon what i have herein already discours'd upon this subject , which may give light to this matter . in the last place , the archbishop reports , that they could find but only one precedent of this nature ; which was a complaint by petition against michael de-la-poole ( lord chancellor ) for matters of corruption . which precedent i have mention'd before ; for michael de-la-poole , lord chancellor , was accus'd in the seventh year of king richard the second , by iohn cavendish of london fishmonger , for bribery . i presume too , according to the usual form of petitions , ( as the archbishop reports them to be ) that this petition was directed to the king and his great council , and not to the lords , &c. assembled in parliament . but i conceive this only precedent ( as the archbishop calls it ) is no precedent of the same nature , ( as hath been so frequently used of late , and still is ) for an appeal against a decree meerly for error in judgment . for to err in judgment in making a decree , and for the judge that makes the decree , to receive a bribe in the case , are two different things ; for to err in judgment ( as humanum est errare ) is of a meer civil nature ; but to be corrupt , and take a bribe , though the decree be just , is of a criminal nature ; and therefore not to the purpose of what we are discoursing . and there are about years distance in time , between this only precedent , and the time of this search made by the committee of lords , viz. . iac. . ( a large casma in a usage and custom for the exercise of a jurisdiction . and the matter in hand must still be determin'd by precedent and custom . consuetudo parliamenti est lex parliamenti , is the old rule . this complaint by sir iohn bourchier was in a matter , not of error in judgment , for then that error must in particular have been assign'd , and the judge not have been reflected upon ; but the complaint is of a male-administration in the judge ( an hasty hearing , and witnesses not heard . ) and therefore the lords in that case censure the petitioner for casting a scandal upon the judge . for the lords examin'd the matter , and found the suggestion of the petition to be false . the cause had had a deliberate hearing , and the petitioner's witnesses had been heard ; yet the petitioner for the scandal had but an easy pennance , and that was remitted wholly , viz. to acknowledge this offence . but note this was a proceeding against him upon his own petition : he himself entitled the lords in this case to a jurisdiction . it doth not appear that any adverse party was summon'd to defend it , the lord-keeper himself defended it upon the point of scandal . there is yet another most memorable case in the very journal of the lords too , and that is four years after . viz. . iac. . which is as followeth ; and it comes strongly home to the point in hand , viz. of appeals . . may . iac. . william matthews petitioned against george matthews , by way of appeal , in the house of lords , and question'd a decree made by the lord-keeper in chancery on the defendant's behalf , from which decree william matthews appeal'd . it is to be found in the journal of the lords . . may . iac. . the lords committees , who were appointed by the whole house to examine the cause , heard council on both sides several days , and reported to the house their opinion for the petitioner and appellant . thereupon the respondent , george matthews , petitioned the lord's house against that report , and opinion of the committee ; and in his petition alledges , that he was inform'd by his council , that it had been the course of the house to reverse decrees only by bill legally exhibited ; that is , by a bill to pass into an act by parliament ; ( for what can a bill in that case otherwise signify ? ) this shows , that the whole parliament are the proper judges of it . the lord's house hereupon being tender and cautious how they entertain'd a new jurisdiction , name another committee of lords , to set down an order in that cause . that committee report their order , viz. that the cause be review'd in chancery by the lord-keeper , by such lords as the lords house should name , and by any two of the judges , as the lord-keeper should name , for which end the lord-keeper is to be an humble suitor to the king from the house ; to grant a commission to himself ( the lord-keeper ) and the lords to be named by the house . the lords house approv'd of the order , and named seven lords . the king granted the commission accordingly , and the decree in chancery was revers'd upon it . the orders are to be seen in the register's office of the chancery . mich. and hill. . iac. . this is a dischargi●g all that the lords had before done in it ; though they had in effect arriv'd at the very port , and made a conclusive order and decree . but after all , refer it to the right and usual method in the main of it , viz. to be determin'd by a commission from the king to the lord-keeper himself , to salve his honour in it , ( quod in consultò fecimus , consultò revocemus ) and to some judges ( who are the most proper ) and to the lords , who for that purpose were recommended by the house of lords , ( which is in compliance with their desire , but not stricti iuris . ) but the king's commission is the true , regular , and warrantable ground and foundation of all the further proceedings in that case . and all this by the direction , and with the opinion and judgment of the lords themselves , in a case wherein they had begun , and made a large progress in the exercise of a jurisdiction , and then wholly desisted . nor is the subject without a proper and ordinary remedy ( if our law-books may be credited ) where he is grieved by an erroneous decree in a court of equity . see serjeant rolles's reports the st part , fol. . the case of vaudrey against pannel . sir edward coke cites a case there , mich. . elliz. in the chancery between the countess of southampton , and the lord of worcester , resolv'd by all the judges , that when a decree is made in chancery , the queen , upon a petition may referr it to the judges , ( but not to any other ; ) and so ( says that case ) the practice and proceedings have been ; which make a law in cases of equity , and the lord chancellor agreed to it , ( the lord egerton ) and accordingly upon petition to the queen , and a reference by the queen to the judges , that decree was revers'd . the like we may read in andersons's second reports , fol. . the earl of worcester , and sir finche's case , the same with that of the countess of southampton , and bulstrode's third part , fol. . see serjeant rolles's abridgment , the first part , fol. . ruswell , and every's case . iac. . and arden and darcy's case , iac. . h. . fol. . but as to the remedy against an erroneous decree in chancery , i have already given my advice at large in that former treatise of mine before-mention'd , to which i refer my reader . it is high time that it should be settled in some constant course . the noble author , suppos'd ( as i said before ) to be the late lord hollis , in his book beforemention'd , hath asserted a very large jurisdiction to belong to the house of peers , which in the consequence , if it be observ'd and put in practice , will be of mighty concernment to the subjects : nor hath it been answer'd , or taken notice of by any , as far as i have heard . that author ascribes to the lords a power to try , and determine a matter of fact in issue , although the right of a freehold depend upon it ; and this , by proofs without a jury , pag. . and this he grounds upon the precedent of the case of william paynel , the record whereof is in ryley's placita parliamentaria , fol. . what then becomes of that great privilege of the people of england , of being tried by the country , and by their neighbours ; ? and inferior courts of equity will be very apt to tread in their steps , and do the like ; and it deserves to be enquir'd into , if it be not already frequently so done . the lords will not be likely to reform it upon appeal from these courts of equity , if that should be assign'd for error , if they themselves should practice it , as this author says they may . nor does that precedent of william paynell any way countenance that practice ; for there the ( concilium regis ) gave judgment upon matter of fact confess'd , where there needed no trial at all . the same noble author affirms , that the lords may entertain or dismiss causes as their occasions will give them leave , or as they have leisure from the greater affairs of the kingdom ; so that sometimes they cannot be at leisure to do justice : if this opinion be allow'd , cessa regnare , says the petitioner to king philip of macedon , when that king refus'd to answer her petition for want of leisure . the lords can ( says the same author ) grant a temporary dismission to a defendant , by an entry made of eat inde sine die ad praesens : but may summon him again for the same cause at another time when they think fit : if this be true , a man shall never know when his cause is at an end ; nay , the chancery will give further costs after the parties and cause are out of the court , and long after the whole matter is at end , without any new process . the persons of whom this high judicature doth consist had need be men of great learning in the law , and of long experience : for the matters that should come before them are such , as are too difficult for the inferior courts to determine , and are very abstruse ; and yet those inferior courts are generally furnish'd with such as are of great abilities , and long experience , and usually spend thirty or forty years in hard study , to make them fit for the discharge of their offices . be learned ye that are iudges of the earth , says almighty god , that judge of judges . hence governors are wont to be called senators , and in the time of the saxons they were called eoldermen or eldermen , for their age , gravity , and experience . it would indeed be a miracle in nature , if any one could truly affirm of himself , me jam jam à puero , illicò nasci senem , or nasci iudicem , to be able to judge in those abstruse and difficult causes . st. paul being accus'd before faelix , did ( and that without insinuating flattery ) tell his judge , that he did the more cheerfully answer for himself , because faelix had been ( as st. paul acknowledg'd ) of many years a judge unto that nation : and he said the like when he stood before king agrippa , because he knew him expert . and it is a just and commendable course , always practis'd in all our inferior courts . that after a cause hath been pleaded , that both parties , and council , and witnesses , and all others that will , are permitted to be present , and to hear the repeating , and opening , and true stating the case by the bench , and court , and to hear the debate of it , to observe , and be in a readiness to rectify any misapprehension , or mistake ( if any happen ▪ ) and so to set the court right again . as also , that the grounds and reasons of the opinions of the judges may be known , that the people may the better know thereafter how to square their actions : and that the law may be the better known to those that are subject to it . for there ought to be one certain known rule of law , whereby one and the same case is to be determined , and not two or more contradictory laws in one and the same place . it was a woful condition , when at the same time some were burnt in smithfield for being protestants , and others for being papists ; which made one cry out , bone deus , quomodo hic vivunt ! &c. inferior courts , and the superior must judge by the same law and rule ; for misera est servitus , ubi jus est vagum . and it is impossible to serve two contrary masters ; and it is a sad case , where the trumpet of the law gives an uncertain sound , for then a man knows not how to order his affairs . there may indeed be a different method , and course of proceedings in the several courts , and yet all conform to the same law. and it is sometimes said by our judges , that what is law in the exchequer is law also in the king's-bench , and common-pleas . if it were otherwise , great confusion would arise . and this law is not known by inspiration , it is not infus'd all at once , but acquir'd by long study , and long experience . sir francis bacon , in his advancement of learning , pag. . holds it just , that judges should alledge the reasons of their sentence , and that openly in the audience of all the court. and anciently amongst us in england , the courts used to enter the reasons given by the judges , upon the record of the judgment ; which is now suppli'd in some measure , by reports of cases adjudg'd , and of the arguments at bar , and at bench. but we have few or no reports of cases adjudg'd in the supreme court , since those that are printed by mr. ryley . in that ancient cause of adelwold , bishop of winchester in the saxon times under king eldred , the record mentions , that the bishop himself , coram cunctis suam causam patefecit . he pleaded his cause himself . qua rebenè , & ritè , ac apertè , ab omnibus discussa , ( it was openly debated ) omnes reddiderunt iudicium . this was at the miccel-gemot , there was no withdrawing . and eadmerus gives us the like instance in the cause of lanfrank archbishop of canterbury in the time of king william the first ; 't is in his historiae novorum , pag. . adunatis ( says he ) primoribus & probis viris de comitatibus : quaerelae lanfranci in medium ducerentur , examinarentur & determinarentur . in medium , that is , before , or in the midst of all that vast company . to conclude , and in order to the obtaining a safe and speedy remedy , let our law makers be mindful of that old advice and caution , viz. — serò medecina paratur cum mala per long as invaluêre moras . finis . notes, typically marginal, from the original text notes for div a -e hadelow's case . note . note . an. dom. . note . rump enough: or, quære for quære, in answer to a pamphlet, entituled, no nevv parliament, or, some quæres, or considerations, humbly offered to the present parliament-members. l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) rump enough: or, quære for quære, in answer to a pamphlet, entituled, no nevv parliament, or, some quæres, or considerations, humbly offered to the present parliament-members. l'estrange, roger, sir, - . [ ], p. printed for any man that loves peace, london : march . . [i.e. ] by sir roger l'estrange. in reply to: no new parliament. annotation on thomason copy: "march. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . no new parliament. great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no rump enough: or, quære for quære,: in answer to a pamphlet, entituled, no nevv parliament, or, some quæres, or considerations, humbly offer l'estrange, roger, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion rump enough : or , quaere for quaere , in answer to a pamphlet , entituled , no nevv parliament , or , some quaeres , or considerations , humbly offered to the present parliament - members . london , printed for any man that loves peace , march . . rump enough , &c. although that pamphlet , which occasions this , considered in it self , is not worth a reply : yet , in regard of the contrivers , and of the end it tends to , it may deserve one . i look upon it , as nothing else , but the phanatiques late petition , sliced into quaeres ; by some unskilfull hand ; and with a harmless kind of simple malice , directed to elude the justice , and necessity of their great patrons dissolution . i shall not much insist upon the businesse , beyond the obligation of a formal answer : but i shall take such heed to that , as to leave little place for a return ; and in the rest , make the old saying good ▪ that one fool may ask more questions , than twenty wise men can answer . the quaere's are as follows . . whether this be not the parliament , and these the persons , who began the war with the late king ? and if so ▪ whether it do not highly and neerly concern them , even for their own sakes , to be the parliament that shall take up and cloze the quarrel , and not leave it to others , especially , if as the general voice goes , the kings son must be brought in ? ans ▪ this is not the original parliament ; that was compos'd of three estates ; king , lords , and commons . further , these very persons now sitting , declar'd the king , a party with them in the quarrel ; beginning the war , in the kings name ; — for him , not with ( that is , as it lies here against ) him . if thus ; the house must be divided , as well now , in the question , as formerly it was so in the war . the parliament ( even in the quaerists sense ) were those , that ( suitably to their duties , and engagements ) voted a peace , in order to the pres●rvating of his majesty , but there was a faction too , that contrary to honour , faith , and conscience , did forcibly seclude their honester fellowes , ( by much the major part ) and prosecute , and put to death the king ; those that have been honest , are safe : nay , and so should those be too , that will at last be so , by my consent : but i demand quaere . what equity , or reason is there , that those persons who murthered the father , and are still professed enemies to the son , should have an equal benefit with others , that were affronted for their loyalty to the former , and are at present upbraided ( as if 't were criminal ) for their affection to the latter ? if the king's son must be brought in , whether they will or no , what have we to doe further with those people , that declare they 'll keep him out , if they can ? . whether this parliaments first undertaking and prosecuting the war with the late king were just , and upon good and warrantable grounds ? if it were ( as no doubt it was ) and god having by his providence , after a long interruption of some of them , and a longer seclusion of the rest , restored them to their trust , whether they ought not now to stand to their first good principles maintain their first good cause , and secure all the good people that have been engaged with them and by them ? ans. the war was just , in that part of the parliament , which declared for the king , and acted accordingly , but unjust in those that swore to preserve him , and intended to murther him . that the parliament ought to stand to their first good principles ; we are agreed . in so doing ; they are to bring to condigne punishment , — the infrringers of their privileges ; — the introducers of arbitrary power — the obstructors of successive parliaments ; the murtherers of the late king ; — the subverters of the establish'd government , &c. — i grant you further , that they are obliged to secure all the good people that engaged with them and by them ; but not consequently all those that acted violently against and without them ▪ — now my question . quaer. how is it possible , for those that began upon principles of contradiction , ( as the saving and destroying of the king , &c. ) — to stand to their first principles . . whether this be not that parliament , and these the very persons , who by the good esteem they had among the people of their integrity , faithfulness and constancy ; whether i say , this be not the parliament , who by these and other means engaged the honest and well affected of the land in the aforesaid war ? and if so , whether this parliament having new power in their hands , are not obliged in duty and good conscience to secure all the said honest and well affected people for this their engaging and acting under them , and not leave them as a prey to their prof●ssed enemies , nor their terms of peace to be made by they know not whom ? another parliament , which there is too great cause to fear , will be too much made up of such as neither have been nor are friends to the parliaments cause , nor to those that engaged in it . answ . 't is not the gaining of a good esteem , but 't is the practice of integrity , that recommends a worthy person . i may believe well of a cheat , and ha' my pocket pick'd . but after that ; i think , i should deserve a yellow coat , ever to trust that fellow again , though he should plead ; — he had my good opinion formerly . — some i confesse are yet in being of those whose interests raised the war , but these are not the men our quaeristmeans : ( and beside ; the most considerable of that number , are in their graves ) for the rest ; ( to wave his argument from power to conscience . — ) those people that dare not stand to the test of a free , legal parliament , must not presume to act themselves , as an authority without law , or limit . in fine ; — if this be the same parliament . that sirst engaged — them — quaere . why should the secluders , and their adherents ; — those , which by force of arms , baffled this very parliament , in ▪ scape better , then the cavaliers , that fought against it , in ? . whether this be not the parliament who by many declarations and remonstrances , by protestation and vow , by solemn league and covenant have declared and engaged themselves before god , angels , and men , and have thereby drawen in and therewith engaged all honest people to assert and defend their just undertaking and one another therein ? whether as things now stand , ( when this just cause , which through gods assistance could not be won from us in the field , is in great danger to be stoln from us by the dark contrivances of its and our adversaries ) if this parliament should dissolve at such a time as this , and leave all , both cause and all engaged by them in it to another parliament , the greatest part whereof may be no friends but enemies , or at least strangers , or but little concerned in the first undertaking ; whether this would not be exceeding contrary to all those former declarations , remonstrances , protestation , vow and solemn league and covenant . answ . i doe allow , — the members of this present session , are those persons , that stand engaged by oath and covenant : and to that oath , and covenant , we appeal . — for granted ; they stand bound to protect all the honest people they have engaged ; but not the knaves , — the covenant-breakers ; i desire only this . — quaere . whether or not , are they that took the covenant , bound to protect the violaters of it ? — nay , can they purge themselves of manifest perjury , and complication , should they not prosecute the obstinate opposers of it ? . whether it be not more then sufficiently manifest , what will be the carriage of these enemies to the parliaments cause , and its adherents , when they get power into their hands , since they are so forward already in their discourses to charge the parliament with treason and rebellion in their first undertaking the war , and look on all their friends as rebells and traytors for assisting them in the prosecution of it , and who are now in all places contriving and promoting the electing of such into the new parliament as are enemies to the present parliament , their friends and cause , wherein if they prevail ( as t is too likely ) their work is done ? how absolutely necessary is it then for the present parliament to continue their session , for prevention of these mis hiefs , which otherwise will ensue . vpon these and many other very weighty considerations , it can by no means be accounted either honorable , or just , or safe , or prudent for the present parliament to dissolve themselves , till first they have fully asserted , and vindicated their own just undertaking , and the faithfull adherents to it and them , and not to leave ●oth themselves and their friends to the malice and revenge of a vanquisht enemy . if this should be , we may bid adieu to the honour and renown of english parliaments , and to all future hopes of assistance from the people , whatever the necessity may be : and let english men bid farewell both to their civil and religious liberties , if after so high a conflict for them , with the expence of so much blood and treasure , and having by gods blessing subdued their opposers , yet after all to be exposed to a farr worse condition then before , which o god forbid : we hope for better things from our present parliament : all that we add , is only this , if the king must come , none so fit to bring him as our present parliament . answ . 't is not the parliament is charged with treason , but that rebellious faction ; — that , by an insolence , praevious to the murther of his sacred majesty , threw out the major party of their fellow-members , which interposed to save him — and t is in their behalfs , this pittifull , half-witted pamphleter engages . should these gentlemen sit , till they found a free parliament their friends , they 'd hardly rise betwixt this , and the day of judgement : and that 's all they desire . alas ! a trifle . — the care they take of our religion , and civil rights , in truth is a great favour from them , that never understood their own . — if the more sober , conscientious persons at the helm , think not fit to dissolve so soon ; these jonasses , however , must be thrown over-board , to save the vessel . — he that dissents ▪ let him produce his reasons : and in particulars , but shew what good , they 've either done , or meant us ; to ballance the calamities they have engaged us in . i should be glad to see these men repent ; hardly , to see them govern . — these folks are ruined , if they doe not rule ; the nation , if they doe . — the question then , is but — quaere . whether is more prudential ; by saving of some half a score secluders , that we should perish ; or by their speedy dissolvtion , that we should save our selves ? finis . a letter from sir hardress waller and several other gentlemen at dublin, to lieutenant general ludlowe: with his answer to the same. waller, hardress, sir, ?- ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from sir hardress waller and several other gentlemen at dublin, to lieutenant general ludlowe: with his answer to the same. waller, hardress, sir, ?- ? ludlow, edmund, fl. - . [ ], p. printed for john allen at the rising sun in pauls church-yard., london, : . signed: har. waller [and others]. annotation on thomason copy: "feb: . . reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . ireland -- history -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (wing w ). civilwar no a letter from sir hardress waller and several other gentlemen at dublin, to lieutenant general ludlowe: with his answer to the same. waller, hardress, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from sir hardress waller and several other gentlemen at dublin , to lieutenant general ludlowe : with his answer to the same . london , printed for iohn allen at the rising sun in pauls church-yard , . a letter from sr. hardress waller and several other gentlemen at dublin , to lieutenant general ludlowe . sir , vve have received a letter from lt collonel puckle , governour of ross , and in it , one from you , to him , dated at duncannon ; wherein you require him to preserve his garrison for the parliament : he had done that before he had any orders from you to do it . we wish you had rather sent orders of that nature to your substitute , collonel iones , when he so long and so openly acted against the parliaments authority , than to lieutenant collonel puckle , who you could not but know , had together with us , declared for it . when you were in this bay , you received an assurance under all our hands that we had declared ( as in duty bound ) for the parliament ; whose commands both concerning you and our selves , we would chearfully and punctually obey : but you write to lieutenant collonel puckle , that we had set up for our selves : we will not say , that you have set up for your self , though your staying , if not acting amongst those who had set up for themselves at london ; you never declaring for the parliament , when most of the army here had declared against them ; your posting from the parliment , when you your self write , they were to sit within a day or two ; and your now casting your self into the only place in this nation , which hath not , together with us , declared for the parliament ; might , we say , give us a juster rise to believe you had set up for your self , than our actings or letters have given you cause so untruly to report of us ; if you have assumed that belief concerning us , because of our not admitting you here , we hope , whatever you your self are pleased to believe , all unbyassed persons will with us , judge , it was not consistent with our duty , to admit to the command of the parliaments army here ( till their pleasure was signified ) a person that had ever since their interruption resided among , and ( we more then doubt ) acted with their enemies ; that would not stay two or three dayes for their sitting , to bring their commands with him ; and who stands now accused before them with several articles of high treason . truly sir , your actings have made our suspitions but too strong . you went declaredly from hence with an address from this army to the parliament , and to settle according to their commands , the forces in this nation : but though you met a conway the news of their being by force kept from sitting , whereby the end you proposed by your journey was cut off , even in the beginning of it ; yet you went on to those who had offered that sinful violence . 't is true , you say , that by a letter your received from that factious party which had been guilty thereof , they intimated unto you , that a stop for the present was only put upon their sitting , and consequently a door of hope was opened unto you to bring them to their duty . but let all rational men judge , whether it had not been a much more probable way conducing to that end , for you to have returned to this army , and accompanied your perswasions with a declaration ; that if those were not listned unto , the forces of this nation should be employed by you to bring them to that obedience , which fair means could not effect . we doubt you had too good an opinion of such men , or of the force of your own reasons , to believe that those who would not listen to the authority and commands of a parliament , would be brought to their duties by the prevalency of your particular arguings , or desires : had worthy general monke been possest with the like thoughts , and employed only his arguments and entreaties to reduce them , putting his person also at the same time in their power , 't is to be feared , we had received our laws from wallingford house , and not from the parliament , who only can make and repeal them . but allow you could be so much mistaken in them and in your self , why did you not forthwith return to your duty here , when you found experimentally the unsuccessefulness of your endeavours there ? it being then too manifest that the council of officers at wallingford house were so far from restoring the parliament , that they voted the calling a new one , with a senate and one and twenty conservators , with power in several particulars above both senate and parliament . and when also col. iones ( who you intrusted with the army here ) did openly send out orders for the election of two out of each regiment , to compose that meeting at london , which was to introduce this new government , and vigorously contributed what in him lay , to promote subscriptions to an agreement , as opposite and destructive to the restoration of the parliament , as even those fore-mentioned elections were designed to be : for which elections , we hope you have not forgotten , how by particular letters to several officers here ( ready to be produced ) you did appear but too active and encouraging . but left you might not remember the contents of letters to private persons , and of an ancienter date , we shall mind you of one written to a publick person , viz. col. iohn iones , and of a fresher date , viz. the th . of december last ; wherein you use these very words : we seem to be necessitated to look towards the long parliament ; 't is to be feared they will be very high , in case they should be trough in without conditions . let all that hear this , judge how fit that person is to command an army of the parliaments , that includes himself amongst those , who not out of willingness , but necessity , seem to be looking towards the restoration of the parliament ; and who expresses a fear they would be very high , if not bound up by conditions before their admittance . your duty had been the contrary to what your fears are , and we would gladly know , who you judged fit to put conditions upon the parliament ? but since you fear the actings of the parliament , unless brought in by conditions , you teach us thereby to keep you from the head of one of the parliaments armies , left you should make use of their forces to secure you , and those like-minded with you , from your fears . for our parts , we desire no earthly thing more than their restoration , and bless god , both our duties and innocency makes us not fear , but desire they should sit as a parliament , that is , without any previous conditions put upon them . you that could fear the parliament would be very high , in case they should be admitted without conditions , and have associated your self of late with those , the moderatest of which were guilty of that apprehension , may be suspected to have been pleased with , if not consenting to , the interruption of that authority , whose high actings are confessedly feared by you . we shall not much dwell upon the title that you give col. iones , of dear friend , in the said letter ; though in it we cannot but observe , that 't is not probable you would call him by that name , if you thought he had falsified the trust you had reposed in him ; and yet that he has publickly acted against the authority of parliament , and their laws , could not be unknown unto you , were it only in reference to that particular subscription promoted , of owning the lord fleetwood commander in chief of the armies of this common-wealth , contrary to an express act in that behalf ; whereby from your substitute , he became my lord fleetwoods ; and you from lieutenant general under the parliament , become lieutenant general under their enemies . if you approv'd of this action , why should we receive you ? if you disapprov'd it , why do you give the chief promoter of it , the title of your dear friend ? in the same letter also you have these words , viz. i hope ere this the commissions for the setting of civil iustice on the wheels in ireland , is come unto your hands : which commissions being sent by the power of those who had violated the parliaments authority , we might expect , would rather have had your discountenance , than your hope that they would come safely unto his hands . and though we love to have the wheels of civil justice moving ; yet we as much desire to have those wheels receive their motion from that authority only which legally can give it to them ; and we heartily wish you had the like principle . that you could have come from london hither , when your mentioned hopes failed you , and when your substitute col. iones had so egregiously acted against the parliament , and with their enemies , is evident , by your being now able to come into ireland ; and therefore your declining thereof so long , proves , the fault ' lay more in your want of inclination , than in your want of power ; and if you had appeared active at london for the restoration of the parliament , or earnest against those here which had neglected their duty therein , it is not over probable you would have been permitted to have come for ireland , which ( as your own letter imports ) was well known at london , before your departure thence , to have declared for the parliament ; unless those that permitted you to come for this country , had believed your actings here ( if received ) would prove more advantagious to them , than to the parliaments service . you went to london to represent things to the parliament , and staid there all the while that by force they were kept from sitting ; and assoon as ever ( through providence ) they were restored to sit , you hasten away hither , without any application to them . this being the matter of fact , we leave it to all sober men to make the inference . we cannot indeed but admire , that having assured you under all out hands , whatever the parliaments commands were concerning you , when your case was heard by them , they should be chearfully and readily obeyed , that you would rather elect to put things into extreams as much as in you lay , than patiently waiting a little time , to have them receive a legal and quiet issue . if your actings have not incapacitated you to sit in the parliament , doubtless it had been more proportionate to you to have gone to london , and there have acted what you went over for , than to have put your self up into duncannon , the only place that has not ( together with us ) declared for the authority of the parliament . some possibly from thence may infer , that you think it a more hopeful and more expeditious way to obtain the command of this army , from so small a beginning thereunto , as duncannon ; than to acquire that end by any hopes you have of reviving the parliaments commission for it . we have upon all these considerations , thought it our duty to the parliament , to send forces for the blocking up duncannon : of all which we thought fit to send you notice , and remain , your humble servants , io. sale . sol. cambie . rod . mansel . barry foulk . io. harrison . gen. pepper . io. jeonar . io. king . max. fenton . e. temple . w. caulfield . ri. stephens . dan. lisle . theo. iones . tho. hopkins . har. waller . broghill . cha. coote . chidly coote . rich. lehiunt . eliah greene . hen. owen . ben. lucas . io. frend . hen. morton . r. fitz. gerald . samp. towgood . io. maunsell . will. candler . dated at dublin , ian. , . lieutenant general ludlow his answer to a letter sent unto him from sr hardress waller , and several other gentlemen at dublin , bearing date the th of ianuary , . gentlemen , i yesterday received yours of the tenth instant , whereof i had a view in print sometime before , which makes me of a belief that it was rather intended for the informing of others , then the satisfying of me in the grounds of what you resolv'd upon touching the blocking up of this place ; though i want the help of the press , and the like rhetorical pen for the publishing and illustrating what i have to answer , yet doubt not ( through the clearness of the truth i have to offer ) but i shall ( in the judgement of any unbyassed person ) make out my own sincerity , and the selfishness of this your undertaking . after your refusal to admit me to the command of this army , ( upon general suppositions of i know not what , till the pleasure of the parliament were made known concerning me ) i looked upon it as my duty not to hearken to your advice for my return into england , ( you not being that councel the parliament commanded me to consult with in things of that nature , nor principled for their interest which i am ingaged to carry on ; most of you , though now declaring for the parliament , having formerly with much zeal and industrie promoted a single persons interest , and by your present proceedings expressed an utter enmity and aversation to all whom this parliament thought fit to intrust , either in civil or military imploiment : and therefore least i should acknowledge my self guilty of what you accuse me , ( which my conscience clears me of ) and by withdrawing my shoulder from the work the parliament hath call'd me to , betray their interest , and those who are its hearty well-wishers ; i made my repair unto this place , where i found the governour and the rest of the officers declaring ( though not with you ) yet with all freedome and cheerfulness for this parliament , expressing the great grief which they conceived at both their interruptions , their joy for their restitutions , and their prosperous proceedings since they met , and their hearty desire they may go on to lay the top-stone ; all which scaarce any of you which subscribe this letter are able to affirm of your selves ; and therefore was it they were unfree to joyn with you , and come under your conduct , whose design they had , and have still much cause to suspect , was rather to take advantage against those the parliament had preferred , and thereby get into their places , then out of the least affection to this present parliament . this was the cause i sent to ross , waterford , and other places , to press them to declare for the parliament , not in shew only , but in reallity ; which had they done , they would not have taken up such frivolous excuses for the disputing of my authority , ( well known to be legally derived from this parliament ) nor upon such groundless suspitions have calumniated my person with dis-affections to their authority , to which ( through mercy ) in the worst of times , i have born a faithful witness : and in the mean time yeelded obedience to sir hardress waller , who hath no commission from the parliament , who served a single persons interest whilst he might ; and who by a letter he subscribed with others , to the army in england , bid good speed to their undertakings , after their assuming the power into their own hands ; and by his subscribing the letter sent hence to general monk clearly espoused the armies interest , and disclaimed the parliaments , of which i am supposed only to be guilty , and therefore not to be received , though there be not one particular of that nature that sticks upon me , having in several letters ( sent hence ) born my witness against the said letter to general monk expressing myself to this effect : that though by reason of the reports we then heard of general monk's leaving the strong holds of scotland , in the cavalierish nobilities hands , i was not without my fears what the issue thereof might be ; yet he declaring for the restitution of the parliament ( a lawful authority ) and the army being as yet upon a personal account , i thought it sinful to own the army and dis-own him ; and this it self is objected against me as a crime , as if i had branded general monk's design with being cavalierish . neither did i at all own the army in this late precipitate undertaking , nor acted with them otherwise then in a military capacity , but refused to joyn in their committee of safety ( so called ) or their committee for nomination ( though earnestly pressed thereunto ; neither am i conscious to my self that i did any thing since the interruption of the parliament that did weaken their authority ; but that i bore a constant witness for their restitution , and against those with whom i had to do that did any thing which i judg'd had a contrary aspect . and what discourse i had either with the officers of the army , or others about government or reformation , was always with an intention to submit the same to the judgment of this parliament . if the letters which i sent to colonel iones be in your custody ( as i suppose they are ) they will sufficiently evidence the discharge of my duty , both in relation to his answer to general monk's letter ; as also to that of the subscriptions to the engagement of the army in england . but your design is to asperse , and not to justifie ; for the accomplishment whereof , for want of something material , every shadow of a mole-hill must be magnified to a mountain : witness the deductions that are made from the title of dear friend , in one of mine to col. iones of the . of december , as if from thence i must be concluded to consent to whatever evil he was guilty of ; if i was mistaken in his friendship , he is not the only man in whom i have been deceived . but i have received reall friendship from him , and would not be ungrateful in my acknowledgments : yet truly i was so apprehensive of the evil of the letter to general monk , and of the dis-ingenuity of those subscriptions ( of which had i approved , i must have been a fool as well as a knave , it being both against my interest and my principle ) that as i remember in my letter to him ( wherein i bore my witness against them ) i altered my inscription . but being by subsequent letters from him informed , that he was only passive therein , and that at the importunity of such colonels to whom those papers were directed , he consented to deliver the same unto them , ( which ( as i am informed ) sir charles coot did convey also to those officers and souldiers that were immediatly under his command ) notwithstanding i was not satisfied that he had discharged his duty therein , yet was i so far moderated in my thoughts towards him , that i judg'd my self bound as not in christianity to keep a distance from him , so not in prudence , he having my sword in his hand ; which also may be a reason that a better interpretation at present is put upon your undertaking then it in truth deserves , and why you break through all rules of justice and moderation , for the getting of all places of strength into your power within this nation . another clause in that letter much aggravated against me is this , we seem to be necessitated to the looking towards the long parliament , it is to be feared if they come in without conditions they will be very high . if the date of that letter be viewed and considered , and my endeavours at that time made appear what they were , for the necessitating of the army to the speedy restoring of the parliament ; as also my resolutions and endeavors then and above a week before to break out of the hands of the army , in order to my repair to the discharge of my duty here , together with my intentions to come by the way of miniehead to the fort of duncannon , upon supposition that the road by holihead was laid against me ; and not daring to trust my self at dublin , where by their subscriptions to the engagement of the army in england , they had subjected themselves to another conduct ; it would be evident that my joyning my self with those who seemed to be necessitated to the calling of the parliament , and my writing to colonel . iones that i feared they would be very high if they came in without conditions was , to let him see it to be his prudence , as well as his duty , not to do any thing in opposition to their authority , nor to me who was invested therewith ; rather then that i was averse to their coming in , or that i desired that conditions should be put upon them , judging it always the most likely way to procure the mercy of the parliament towards the army , for the army to have restored them with the greatest freedom and ingenuity : yet must i own it as my opinion , that the power at present being in the hands of those who were obnoxious to the justice of the parliament ; and fearing whilst it was so , they would not be willing to subject their necks to the block : i thought it advisable for the avoiding of the effusion of blood , and for the putting the wheels of authority aright again , for the parliament to have somewhat complied with the army for the good of the whole , and for the preserving of our cause from being over-run by the common enemy , of which it was in imminent danger . but the lord hath brought it about another way , and i hope a better , having through mercy much moderated their spirits towards their old servants ( who by this late interruption had highly provoked them ) to the disappointing the hopes of enemies , and preventing the fears of faithful and true friends . the last clause objected against me is this , i hope ere this the commissions for setting of civil iustice on the wheels are come to your hands . it seems very strange that the mentioning of these commissions should be such a hainous crime in me , reputed by you , who were free that the administration of all civil justice should be derived from a military hand , during the lord oliver and his son richard's reign . it is to be feared , you now rather dislike the persons from whom it comes , than the thing it self : but i am glad you own it now to be your principle , 't was alwaies mine : and i have during these interruptions born a constant witness thereunto , and in particular against sending these commissions upon that account , advising that the commissioners of parliament should upon their general instructions issue out commissions for the administring of civil justice , rather than derive it from so corrupt a fountain . but the lawyers are of an opinion , whoever is actually in power , may set the wheels of civil justice going : upon this score they were sent to ireland , in answer to the importunity of the people there , who much complained of the mischiefs that befel them , for want of them : and in particular the running out of many tories , who being long imprisoned for horrid murders , ( there being no way of tryal ) made their escape . it is easie hence to observe how occasions are sought after for the blasting of me ; but it is a mercy ( which i desire to own ) that you have no more to lay to my charge , and that i have so just a bar to appeal unto , as that of the parliament of england , who i doubt not will protect me , and do me right against the malicious prosecution of any cavalierish spirit whatever . if to have been true , faithful and constant to the parliament of the common-wealth of england , in opposition to a single person , kingship , or house of peers ; if to bear my witness against such as are disaffected to publick interest , or as are vicious in their lives and conversations , or to be faithful in the discharge of the trust the parliament reposed in me , be high treason , i must confess my self guilty : for any thing else that may be laid to my charge , of publick concernment , i value not , except my infirmities . i presume her 's the substance of those articles of high treason hinted at in yours , for had there been anything that by representing me black and odious , would have tended to the excusing you , in the opposing of me , commissionated by the parliament , it would have been here inferred . but the old policy , in casting good store of dint that some of it may stick , will not be forgotten . what my endeavours have been since my going for england , for the restitution of this parliament , time will make our , being best known to those who are most concerned therein . i could express my self in that place , no way but by letter for their service ; which i did fully in most of those i wrote , till finding my endeavours fruitless to the ends i proposed to my self , and that my presence was necessary for the composing of differences in this army for the service of this parliament , i resolved to break out of the hands of those in power in england , by whom i was under a kind of restraint ; and in order thereunto , had prepared for my escape , as is well known to some eminent persons , and resolved to come by the way of miniehead , for the reasons afore specified ; but several intervening providences giving life to my hopes of this parliaments restitution , respited my journey , till by a vote of a council of officers at whitehal , for the calling of a new parliament , of the th . instant , ( wich which you immediatly closed , by agreeing upon a parliament to meet at dublin the same day ) i was out of hopes of serving the interest of the parliament in that place any longer : this being tuesday , i resolved on thursday following in the evening , to begin my intended journey into ireland : on wednesday late at night , lieutenant col. walker brought me an account from wallingford house , that my lord fleetwood being convinced that nothing but charles stuart his interest could be advanced by this new parliament , had therefore resolved to remove the obstruction that was put in the way of the sitting of the old one . the next morning being thursday , having met with the lord fleetwood in order thereunto , he received a letter from captain allgate , commander of the oxford frigot , with a declaration of part of this army for the parliament , he acquainted me therewith , and then thought it necessary i should repair to my charge , which to that time i could not convince him of , though for a moneth or five weeks past , i laboured to perswade him thereunto . but now having got my liberty ( that power no longer prevailing ) and finding my self owned in your declaration , as commander in chief ( my brother kempstons name being thereunto , which since i understand was writ contrary to his mind , not liking his company ) i thought it my duty to hast away ; and the rather , for that though the declaration for the generality of it , was plausible and fair , yet many of the persons who had subscribed the same , being known unto me to be persons of a contrary principle thereunto , and such as constantly adhered to another interest , for which they were laid aside , and ( as they judged ) disobliged by this parliament ; i look't upon it as my duty to hasten hither for the keeping this army to the things declared for , and from the setting up a government by a single person , which the subscribers are generally enclined unto : for which service , i doubted not of the parliaments acknowledgment ; having first taken my leave of the speaker , and left with him the address and petition of the officers of this army , declaring their hearty affection to this parliament , and their resolution to stand by them ; whereunto very few of your hearts or hands then were . nothwithstanding my hast into the bay of dublin , i came too late ; for i found those whom the parliament owned , both commissioners of parliament , and field-officers of the army , disown'd , dismist , and imprisoned ; and those who never owned the parliaments interest , except in shew , as now , for their own ends , being principled for a king or single person , preferred , and put into their places . as your ingenuity in your letter is very much to be commended , in that you do not aver that those publick-spirited persons , whom throughout the nation you have imprisoned , did not declare for the parliament , but they did it not with you ; so is your design much laid open thereby , and what i affirm'd concerning your setting up for your selves , made good ; and that your quarrel with this and other places , is not for not declaring for the parliament , but for not declaring with you , or rather for you ; which they could not satisfy themselves to do , for the reasons above mentioned , having but too much cause to doubt your heartiness therein , which out of the mouths of those who i judged the moderatest of your party , is now put out of doubt , they publickly declaring for sir george booth's design , of which this is a second part , and calling this parliament a limb of the parliament . had i been upon the place of my command as general monk was of his , when the resolutions of the army came to me , your advice had been very wholsom and good ; but it pleased the lord to order it otherwise , i was in my journey towards london , when i was first surprized with the unwelcom news of the parliaments interruption : and truly were i now in the same posture , accompanied with the like circumstances as then , i cannot say but that i should take the same resolution ; more relying upon the reasonableness of what was to be proposed for the effecting of what i had in design , or rather the necessity that lay upon the army of closing therewith ; than upon the good opinion of my own parts , or interest : on this account i promised my self success , had the persons i had to do withal , been worse than they are . the reason of my not returning , when i found my endeavours fruitless , i have before mentioned , and likewise the witness i bare against those subscriptions , not so much , as they were against me , as against the parliament and publick interest . as to the general meeting of two officers of each regiment throughout the three nations , if it were designed to be in opposition to the restoring of this parliament , it was contrary to what i intended ; general monk's commissioners ( who had declared for this parliament ) having agreed to it , i was the more free to concur in it : and the rather , for that one part of the army about london , being only engaged in the interruption of the parliament , there was in my judgment no way more probable for their restitution without the effusion of bloud , than by the vote of a general council of the three armies , three parts of four of which at the least , were not engaged in that unhappy undertaking . and whereas 't is charged against me , that i wrote to have such men chosen as were spirited for the work ; in letters to collonel richards , i interpreted that work to be the restoring of this parliament : my witness against any thing of a new parliament to be called , whether with conservators , with a senate , or without , is sufficiently known . and truly you have given too much ground of belief by your appointing a kind of parliament of the irish constitution , to meet on the same th , of ian. of your readiness to close with that kind of parliament . thus have i though confusedly , yet ( i hope ) satisfactorily given answer to each particular in your letter , and to some objections that i have heard made against me , and made appear that your sending forces for the blocking up this place , hath proceeded from a selfish consideration , because i ( who am appointed by this parliament to command their forces in this nation , according to my principle , have made it my practice to give countenance to all who fear god and work righteousness , and to promote an english interest in ireland ) will not receive orders from you ( many of whom laid down your commissions when this parliament was first restored , others were laid by long since , some by this parliament , and others of you under consideration , so to be for your adherence to a contrary interest , and your vitiousness in life and conversation ) and not for any thing of affection or duty to this parliament whom most of you never till now pretended to wish well unto . did not you judge of me by your selves , who have taken this opportunity without any call that i know of , to put your selves into power and place ; you might conclude from all these particulars that i should not have undertaken such a journey as this , and run so many hazards , and undergone so many affronts and difficulties as i have done , did i not look upon it as my duty to the parliament , as far as i had an opportunity to answer the call i had from them in promoting their interest , and standing by and countenancing such as fear the lord , and have approved themselves well-wishers to his service : which had i been wanting in , i should not have had peace in my own conscience in the condition the lord hath appointed me for my portion , which now through mercy whatever it be , i hope upon good grounds i have cause to promise unto my self ; having though in much weakness , yet in faithfulness discharged the trust the parliament reposed in me . it was answer to their call i first undertook this imployment , it s their service i have indeavoured to promote , it s their pleasure i have waited for ; which by letters from them of the seventh instant , i understand to be that out of their tender respect to the peace and welfare of this nation , they have thought fit i should forthwith attend them , that thereby they may the more fully understand the affairs of this nation . in obedience whereunto i am making all possible speed , and hope to set sail for england this day , assuring my self that they will impartially judge of what is in difference between us , and will certainly so provide for the security of their interest here , as that whatever difficulty they may encounter with this ensuing summer from a broad , or at home , they may have this nation to their friend ; which truly in the hands things now are , they cannot promise unto themselves , and the rather if you continue your hostility against this and other places , and your restraint on such persons , who your own consciences tell you are more hearty to their service , and more ready to obey their commands then your selves . the lord divert that cloud which seems to hang over this poor nation , and direct you into ways that are of truth and peace , that you may not be beating your fellow-servants , but that the presence of the lord may be amongst you , and you may see it your interest to be subservient to his great design of exalting justice and righteousness which is all the hurt wished you , by your humble servant edm. ludlow . dated at duncannon fort this of january , . finis . the covenant with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons and reverent assembly of divines the th day of september, at saint margarets in westminster : also two speeches delivered at the same time, the one by mr. philip nye, the other by mr. alexander hendersam. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the covenant with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons and reverent assembly of divines the th day of september, at saint margarets in westminster : also two speeches delivered at the same time, the one by mr. philip nye, the other by mr. alexander hendersam. henderson, alexander, ?- . nye, philip, ?- . [ ], p. printed for thomas vnderhill..., london : . text of covenant: p. - . reproduction of original in thomason collection, british library. eng england and wales. -- parliament. -- house of commons. westminster assembly ( - ) solemn league and covenant ( ) a r (wing c ). civilwar no the covenant: with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons, and reverent assembly o [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion the covenant : with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons , and reverent assembly of divines the th day of september , at saint margarets in westminster . also , two speeches delivered at the same time ; the one by mr. philip nye , the other by mr. alexander hendersam . published by speciall order of the house . london , printed for thomas vnderhill at the bible in wood-street , . the covenant , that was read , svvorn unto , and subscribed by the honourable house of commons , and reverend assembly of divines , the . of september . we noblemen ; barons , knights , gentlemen , citizens , burgesses , ministers of the gospell , and commons of all sorts in the kingdomes of england , scotland , and ireland , by the providence of god , living under one king , and being of one reformed religion ; having before our eyes , the glory of god , and the advancement of the kingdome of our lord and saviour iesus christ , the honour and happinesse of the kings majestie , and his posterity ; and the true publique liberty , safety , and peace of the kingdomes ; wherein every ones private condition is included : and calling to minde the treacherous and bloody plots , conspiracies , attempts , and practises of the enemies of god , against the true religion , and professors thereof , in all places , especially in these three kingdomes , ever since the reformation of religion : and how much their rage , power , and presumption , are of late , and at this time encreased , and exercised , whereof the deplorable estate of the church and kingdome of ireland , the distressed estate of the church and kingdome of england , and the dangerous estate of the church and kingdome of scotland , are present and publique testimonies : we have now at last ( after other meanes of supplication , remonstrance , protestations , and sufferings ) ▪ for the preservation of our selves , and our religion , from utter ruine and destruction , according to the commendable practise of these kingdoms in former times , and the example of gods people in other nations , after mature deliberation , resolved and determined , to enter into a mutuall , and solemne league , and covenant , wherein we all subscribe ; and each one of us for himselfe , with hands lifted up to the most high god , doe sweare : that wee shall sincerely , really , and constantly , through the grace of god , endeavour in our severall places , and callings , the preservation of the reformed religion in the church of scotland in doctrine , worship , discipline , and government against our common enemies ; the reformation of religion in the kingdomes of england , and ireland , in doctrine , worship , discipline , and government , according to the word of god , and the example of the best reformed churches . and shall endeavour to bring the churches of god in the three kingdomes , to the neerest conjunction and vniformity in religion , confession of faith , forme of church government , directory for worship , and catechizing , that we and our posterity after us , may as brethren , live in faith and love ; and the lord may delight to dwell in the midst of us . that we shall in like manner without respect of persons , endeavour the extirpation of popery , prelacy , ( that is , church-government by arch-bishops , bishops , their chancellours and commissaries , deanes , deanes and chapters , arch-deacons , and all other ecclesiasticall officers , depending on that hierarchy ) superstition , heresie , schisme , prophanenesse , and whatsoever shall be found to be contrary to found doctrine , and the power of godlinesse ; lest we partake in other mens sinnes , and thereby be in danger to receive of their plagues : and that the lord may be one , and his name one in the three kingdomes . we shall with the same sincerity , reality , and constancy , in our severall vocations , endeavour with our estates , and lives , mutually , to preserve the rights and priviledges of parliaments , and the liberties of the kingdomes : and to preserve , and defend the kings majesties person , and authority , in the preservation and defence of the true religion and liberties of the kingdome : that the world may beare witnesse with our consciences , of our loyalty ; and that we have no thoughts , or intentions to diminish his majesties just power and greatnesse . we shall also with all faithfulnesse endeavour the discovery of all such as have beene , or shall be incendiaries , malignants , or evill instruments , by hindering the reformation of religion , dividing the king from his people , or one of the kingdomes from another , or making any faction , or parties amongst the people , contrary to this league and covenant ; that they may be brought to publicke tryall , and receive condigne punishment , as the degree of their offences shall require , or deserve : or the supreame judicatories of both kingdomes respectively , or others having power from them for that effect , shall judge convenient . and whereas the happinesse of a blessed peace betweene these kingdomes , denyed in former times to our progenitors , is by the good providence of god granted unto us , and hath beene lately concluded and setled by both parliaments ; we shall each one of us according to our place and interest , endeavour ▪ that they may remaine conjoyned in a firme peace and vnion to all posterity ; and that justice may be done upon the wilfull opposers thereof in manner expressed in the precedent article . we shall also according to our places and callings in this common cause of religion , liberty , and peace of the kingdomes , assist and defend all those that enter into this league , and covenant ▪ in the maintenance and pursuing thereof ; and shall not suffer our selves , directly , or indirectly , by whatsoever combination , perswasion , or terrour ▪ to be divided , or withdrawn from this blessed vnion , and conjunction ; whether to make defection to the contrary part ; or to give our selves to a detestable indifferency , or neutrality in this cause , which so much concerneth the glory of god , the good of the kingdomes , and honour of the king ; but shall all the dayes of our lives , zealously and constantly continue therein , against all opposition ; and promote the same according to our power , against all lets , and impediments whatsoever : and what we are not able our selves to suppresse , or overcome , we shall reveale , and make knowne , that it may be timely prevented or removed . all which we shall doe as in the sight of god . and because these kingdomes are guilty of many sinnes and provocations against god , and his sonne iesus christ , as is too manifest by our present distresses ▪ and dangers , the fruits therof ; we professe and declare before god and the world , our unfained desire to be humbled for our owne sinnes , and for the sinnes of these kingdomes , especially , that we have not as we ought valued the inestimable benefit , of the gospel ; that we have not labored for the purity and power thereof , and that we have not endeavored to receive christ in our hearts , nor to walk worthy of him in our lives , which are the causes of other sinnes and transgressions , so much abounding amongst us ; and our true and unfained purpose , desire , and endeavour for our selves , and all others under our power and charge , both in publicke and in private , in all duties wee owe to god and man , to amend our lives , and each one to goe before another in the example of a reall reformation , that the lord may turne away his wrath , and heavy indignation , and establish these churches and kingdomes in truth and peace . and this covenant we make in the presence of almighty god , the searcher of hearts , with a true intention to perform the same , as we shall answer at that great day when the secrets of all hearts shall be disclosed : most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to blesse our desires and proceedings with such successe , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoak of antichristian tyranny , to joyne in the same , or like association and covenant , to the glory of god , the enlargement of the kingdome of iesus christ , and the peace and tranquillity of christian kingdomes and common-wealths . the proceedings of the covenant , with the manner of taking thereof by the honourable house of commons , and the reverend assembly of divines . the commissioners sent from the honourable houses of parliament to the kingdome of scotland , having ( besides other weighty affaires ) instructions to take into consideration whatsoever might be effectuall for bringing the two kingdoms to a more neer conjunction and union , there was a committee of the honourable convention of estates in scotland , and another committee of the generall assembly of the church designed to joyne with them in this great and necessary consultation , in which , after much agitation , the result and conclusion was , that a solemne league and covenant taken mutually by both kingdomes , would be the most conducing meanes to such a happy vnion . thereupon a form of covenant by their common assent was agreed upon , and presented to bee read and considered of , in the generall assembly ; where it had assent and approbation : and was thence recommended to the convention of estates , by an order of the assembly , as followeth . edenb. august . . . sess. . the assembly having recommended unto a committee appointed by them to joyne with the committee of the honourable convention of estates , and the commissioners of the honourable house of the parliament of england , certaine propositions presented unto them by the aforesaid commissioners of the honourable house of the parliament of england , for bringing the two kingdoms to a more neere conjunction and vnion , received from the aforesaid committees , the covenant under-written , as the result of their consultations ; and having taken the same as a matter of so publike concernment , and of so deep importance , doth require unto their gravest consideration , did with all their hearts and with the beginnings of that joy which they did finde in so great measure upon the renovation of the nationall covenant of this kirk and kingdome , all with one voice approve and embrace the same , as the most powerfull meane by the blessing of god for setling and preserving the true protestant religion with perfect peace in his majesties dominions , and propagating the same to other nations , and for establishing his majesties throne to all ages and generations . and therefore with their best affections recommend the same to the honourable convention of estates , that being examined and approved by them , it may be sent with all diligence unto the kingdome of england , that being received and approven there , the same may be with publick humiliation , and all religious and answerable solemnity sworne and subscribed by all true professors of the reformed religion , and all his majesties good subjects in both kingdomes . ar. jhonston cler. eccl. from that honourable convention it obtained like approbation , with a recommendation to the kingdom of england , as in this order of theirs appeareth . at edinburgh . . of august , . the noblemen , commissioners of shires and burroughs now convened , having received the covenant above-written from their committee as the result of their consultations with a committee of their generall assembly and the commissioners of both houses from the parliament of england , and having taken the covenant into their gravest consideration , did with all their hearts , and great expressions of joy and unanimity approve and embrace the same as the most powerfull meane , by the blessing of god , for setling and preserving the true protestant religion with a perfect peace in all his majesties dominions , and propagating the same to other nations , and for establishing his majesties throne to all ages : and being very confident that their brethren in the kingdome of england will heartily receive and approve the same ; therefore according to the earnest recommendation of that venerable assembly of this kirk now thinks it most necessary for the good ends afore-said , that it be sent into that kingdome with all diligence , that being received and approved by their brethren there , the same may be with all religious solemnities swerne and subscribed by all true professours of the reformed religion , and all his majesties good subjects in both kingdomes . extract . arch. primrose , cler. conven. some commissioners also , were sent from the generall assembly of the church of scotland , with instructions for furthering the covenant and the intended union of the churches of both kingdoms . this covenant being presented to the honourable house of commons , and considered by them in the severall branches and articles thereof , was recommended to a committee to be chosen of their own members , and sorne of the divines of the assembly , together with the commissioners sent from scotland , to the intent that some expressions might be farther explained , and that the kingdome of ireland also might bee expresly taken into the same league and covenant with us : which being done with great care and diligence by those committees and commissioners , it was then read in the assembly of divines , and afterwards in the house of commons , and received a most full and universall assent from the members of both , nemine contradicente . this form of covenant was presented also to the house of lords , by whom likewise it was taken into consideration , and approved of , as fit to be entred into by the three kingdomes . on friday the . of september it was concluded by the house , this oath and covenant should be solemnly taken publikely in the church at westminster , called saint margarets church , the monday following , by the house of commons and the assembly of divines : to which purpose an order was sent to the assembly from the house to give them notice thereof ; and that some of the assembly be appointed to pray and to exhort , for the more solemn celebrating of so serious and weighty a service . the assembly appointed mr. philip nye to make the exhortation , mr. iohn white to pray before , and mr. dr. gouge to pray after the exhortation . the house met at the usuall place , and thence went with their speaker to the church ; the assembly also at the same time with their prolocutor . a psalme being sung , solemne prayer was made , after the prayer an exhortation to the honourable house and reverend divines encouraging them to this work as a work of a marvellous high nature and concernment . this being ended , mr. alexander hendersam , one of the commissioners sent from the assembly of the church of scotland , being also desired thereunto , made a speech to the like purpose . then the covenant was read , notice being first given to the assembly , that after the hearing of it , each person should immediately by swearing , worship the great name of god , and testifie so much outwardly by lifting up their hands : which was all done very solemnly and with so much joy seen in their countenances , and manifested by clapping of their hands , as was sutable to the gravity of such a worke , and the sadnesse of the present times . both assemblies having thus sworn , with whom the commissioners from scotland joyned , the speaker with the members of the house of commons , went up into the chancell , and there subscribed their names in a roll of parchment provided for that purpose , in which this covenant was fairly written , and afterward the prolocutor , the commissioners from scotland , and the members of the assembly of divines did the like in another roll , which being finished , the name of god was again solemnly invocated , and praises returned for vouchsafing this church and kingdome so happy and joyfull a day ; a psalme was sung , and then the assembly dismissed . an exhortation made to the honourable house of commons and reverend divines of the assembly , by mr. nye before he read the covenant . a great and solemn work ( honourable and reverend ) this day is put into our hands , let us stir up and awaken our hearts unto it . we deale with god as well as with men , and with god in his greatnesse and excellencie , for by him we sweare , and at the same time we have to doe with god and his goodnesse , who now reacheth out unto us a strong and seasonable arme of assistance . the goodnesse of god procuring succour and help to a sinfull and afflicted people ( such are we ) ought to be matter of feare and trembling even to all that heare of it , ier. . . we are to exalt and acknowledge him this day who is fearefull in praises , sweare by that name which is holy and reverent , enter into a covenant and league that is never to bee forgotten by us nor our posterity , and the fruit i hope of it shall be so great , as both we and they shall have cause to remember it with joy ; and such an oath as for matter , persons , and other circumstances , the like hath not been in any age or oath we read of in sacred or humane stories , yet sufficiently warranted in both . the parties ingaging in this league are three kingdoms , famous for the knowledge , and acknowledgement of christ above all the kingdoms in the world ; to swear before such a presence , should mould the spirit of man into a great deale of reverence ; what then to be engaged , to be incorporated , and that by sacred oath , with such an high and honourable fraternity ? an oath is to be esteemed so much the more solemn , by how much greater the persons are that sweare each to other : as in heaven when god sweares to his son , on earth when kings sweare each to other ; so in this businesse , where kingdomes sweare mutually . and as the solemnity of an oath is to bee measured by the persons swearing , so by the matter also that is to be sworne to ; god would not sweare to the covenant of works , he intended not to honour it so much , it was not to continue , it was not worthy of an oath of his ; but to the covenant of grace , which is the gospel , he swears and repents not of it . god sweares for the salvation of men , and of kingdoms : and if kingdoms sweare , what subject of an oath becommeth them better then the preservation and salvation of kingdomes , by establishing the kingdome of a saviour amongst them , even our lord and saviour jesus christ , who is a mediator and saviour for nations as well as particular persons ? the end also is great and honourable , as either of the former , two is better then one , saith he who best knoweth what is best ; and from whom alone every thing hath the goodnesse it hath . association is of divine off-spring ; not only the being of creatures , but the putting of them together : the cluster as well as the grape is the work of god : confort and harmony amongst men , especially amongst saints , is very pleasing unto the lord . if when but two or three agree and assent upon any thing on earth , it shall be confirmed in heaven ; and for this , because they gather together in his name , much more when two or three kingdomes shall meet and consent together in his name and for his name , that god may bee one , and his name one amongst them , and his presence amidst them . that prayer of christ seemeth to proceed from a feeling sense of his own blessednesse ; father , that they may be one , as thou in me , &c. unity amongst his churches and children must needs therefore be very acceptable unto him : for out of the more deep sense desires are fetcht from within us , the more pleasing will be the answer of them unto us . churches and kingdomes are deare to god , his patience towards them , his compassions over them , more then particular persons , sheweth it plainly . but kingdoms willingly engaging themselves for his kingdome , his christ , his saints , the purity of religion , his worship , and government , in all particulars , and in all humility , sitting down at his feet to receive the law and the rule from his mouth ; what a price doth hee set upon such ? especially when ( as we this day ) sensible of our infirmity , of an unfaithfull heart not steddy with our god , but apt to start from the cause , if we feele the knife or the fire ; who binde our selves with cords , as a sacrifice to the hornes of the altar . we invocare the name of the great god , that his vowes , yea his curse may be upon us , if we doe not this ; yea though we suffer for so doing : that is , if we endeavour not so farre as the lord shall assist us by his grace , to advance the kingdom of the lord jesus christ here upon earth , and make jerusalem once more the praise of the whole world , notwithstanding all the contradictions of men . what is this but the contents and matter of our oath ? what doe we covenant ? what doe we vow ? is it not the preservation of religion , where it is reformed , and the reformation of religion , where it needs ? is it not the reformation of three kingdomes , and a reformatiom universall , doctrine , discipline , and worship , in whatsoever the word shall discover unto us ? to practise , is a fruit of love ; to reforme , a fruit of zeale ; but so to reforme , will be a token of great prudence , and circumspection in each of these churches . and all this to be done according to gods word , the best rule , and according to the best reformed churches , the best interpreters of this rule . if england hath obtained to any greater perfection in so handling the word of righteousnesse , and truths , that are according to godlinesse , as to make men more godly , more righteous : and if in the churches of scotland any more light and beauty in matters of order and discipline , by which their assemblies are more orderly : or if to any other church or person it hath beene given better to have learned christ in any of his wayes then any of us ; wee shall humbly bow , and kisse their lips that can speak right words unto us in this matter , and help us into the nearest uniformity with the word and minde of christ in this great work of reformation . honourable and reverend brethren , there cannot be a more direct and effectuall way to exhort and perswade the wise , and men of sad and serious spirits ( and such are you to whom i am commanded to speak this day ) then to let into their understandings the weight , and worth , and great importance of the work they are perswaded unto . this oath is such , and in the matter and consequence of it , of such concernment , as i can truly say , it is worthy of us , yea of all these kingdomes , yea of all the kingdoms of the world ; for it is swearing fealty and allegeance unto christ the king of kings ; and a giving up of all these kingdomes , which are his inheritance , to be subdued more to his throne , and ruled more by his scepter , upon whose shoulders the government is laid , and in the encrease of whose government and peace there shall be no end , esa. . yea , we finde this very thing in the utmost accomplishment of it , to have been the oath of the greatest angel that ever was , who setting his feet upon two of gods kingdomes , the one upon the sea , the other upon the earth , lifting up his hand to heaven , as you are to doe this day , and so swearing , rev. . the effect of that oath you shall find to bethis , that the kingdoms of the world become the kingdomes of the lord and his christ , and he shall reigne for ever , rev. . his oath was for the full and finall accomplishment , this of yours for a graduall , yet a great performance towards it . that which the apostles and primitive times did so much and so long pray for , though never long with much quietnesse enioyed , that which our fathers in these latter times have fasted , prayed and mourned after , yet attained not ; even the cause which many deare saints now with god , have furthered by extreamest sufferings , poverty , imprisonment , banishment , death , even ever since the first dawning of reformation : that and the very same is the very cause and work that we are come now , through the mercy of jesus christ , not only to pray for , but sweare to . and surely it can be no other , but the result and answer of such prayers and teares of such sincerity and sufferings , that three kingdoms should be thus born , or rather new born in a day ; that these kingdoms should be wrought about to so great an engagement , then which nothing is higher , for to this end kings raign , kingdomes stand , and states are upheld . it is a speciall grace and favour of god unto you brethren , reverend and honourable , to vouchsafe you the opportunity , and to put into your hearts ( as this day ) to engage your lives and estates in matters so much concerning him and his glory . and if you should doe no more but lay a foundation stone in this great work , and by so doing engage posteritie after you to finish it , it were honour enough : but there may yet further use be made of you , who now are to take this oath , you are designed as chiefe master builders and choyce instruments for the effecting of this settled peace and reformation ; which if the lord shall please to finish in your hands , a greater happinesse on earth , nor a greater means to augment your glory and crown in heaven , you are not capable of . and this let me further adde for your encouragement , of what extensive good and fruit in the successe of it , this very oath may prove to be , wee know not . god hath set his covenant like the heavens , not onely for duration , but like also for extension : the heavens move and roule about , and so communicate their light , and heat , and vertue , to all places and parts of the earth ; so doth the covenant of god , so may this gift be given to other covenants that are framed to that pattern . how much this solémn league and oath may provoke other reformed churches to a further reformation of themselves ; what light and heat it may communicate abroad to other parts of the world , it is only in him to define to whom is given the utmost ends of the earth for his inheritance , and worketh by his exceeding great power great things out of as small beginnings . but however , this i am sure of , it is a way in all probability most likely to enable us to preserve and defend our religion against our common enemies , and possible a more sure foundation this day will be laid for ruining popery and prelacy , the chiefe of them , then as yet wee have been led unto in any age . for popery , it hath beene a religion ever dexterous in fencing and muniting it selfe by association and joynt strength ; all sorts of professors amongst them are cast into fraternities and brother-hoods , and these orders carefully united by vow one with another and under some more generall notion of common dependency . such states also and kingdoms as they have thus made theirs ; they endeavour to improve and secure by strict combinations and leagues each to other , witnesse of late yeares that la sainte ligue , the holy league . it will not bee unworthy your consideration , whether seeing the preservation of popery hath beene by leagues and covenants , god may not make a league or covenant to be the destruction of it ▪ nay , the very rise of popery seemeth to be after such a manner by kings , that is , kingdomes assenting and agreeing perhaps by some joynt covenant ( the text saith , with one minde , why not then with one mouth ? ) to give their power and strength unto the beast , and make war against the lamb , rev. . where you read the lamb shall overcome the beast , and possibly with the same weapons , he is the lord of lords , and king of kings , he can unite kings and kingdomes , and give them one minde also to destroy the whore and be her utter ruine ; and may not this dayes work be a happy beginning of such a blessed expedition ? prelacie another common enemy , that we covenant and sweare against , what hath it been , or what hath the strength of it been , but a subtile combination of clergy-men formed into a policy or body of their own invention framing themselves into subordination and dependencie one upon another , so that the interest of each is improved by all , and a great power by this meanes acquired to themselves ; as by sad experience we have lately found : the joynts and members of this body , you know were knit together by the sacred engagement of an oath , the oath of canonicall obedience as they called it : you remember also with what cunning and industrie they endeavoured lately to make this oath and covenant more sure for themselves and their posterity ▪ and intended a more publike , solemn and universall engagement , then since popery this cause of theirs was ever maintained or supported by . and questionlesse ▪ ireland and scotland also must at last have been brought into this holy league with england . but blessed be the lord , and blessed be his good ●and the parliament , that from the indignation of their spirits against so horrid a yoke , have dashed out the very braines of this project ; and are now this day present before the lord to take and give possession of this blessed ordinance , even an oath and covenant as solemn and of as large extent as they intended theirs ; uniting these three kingdoms into such a league and happy combination as will doubtlesse preserve us and our reformation against them , though their iniquity in the mysteries of it should still be working amongst us . come therefore ( i speak in the words of the prophet ) let us joyne our selves to the lord , and one to another , and each to all , in a perpetuall covenant that shall not be forgotten . we are now entring upon a work of the greatest moment and concernment , to us and to our posteritie after us , that ever was undertaken by any of us , or any of our fore-fathers before us , or neighbouring nations about us ; if the lord shall blesse this our beginning , it will be a happie day , and we shall be a happy people . an oath is a duty of the first commandment , and therefore of the highest and noblest order and rank of duties ; therefore must come forth attended with choycest graces ; especially with these two , humility , and feare . feare , not onely of god , which ought to be in an eminent measure , gen. . . iacob sware by the feare of his father isaac , as if he covered to inherit his fathers grace , as well as his fathers god : but also feare of an oath , it being a dreadfull duty , and hath this peculiar , it s established by the oath of god , i have sworne that unto me every tongue shall sweare , isa. . . it s made the very character of a saint , he feares an oath , eccles. . . humility is another grace requisite , set your hearts before god in an humble obedient frame , deut. . thou shalt feare the lord thy god , and serve him , and sweare by his name . the apostle paul was sensible of this engagement , even in the very act of this duty , rom. . . i call god to witnesse , whom i serve in my spirit ; although it be a work of the lips , yet the heart and whole man must be interessed if we expect this worship to be acceptable , psal. . . accept the free-will offering of my mouth , and teach me thy judgements . also it must be done in the greatest simplicity and plainness of spirit , in respect of those with whom we covenant ; we call god as a witnesse betwixt us who searcheth the heart : with him is wisedome and strength , the deceived and deceiver is his , iob , . . he hath wisedome to discover , and strength to punish , if our hearts be not upright to our brethren in this matter . let us be contented with this , that the words of our covenant bee hands ; it may not be so much as in the desire of our hearts , that they should become snares , no not to the weakest and simplest person that joyneth with us . in the whole worke make your addresse unto god , as iacob did to his father isaac , and let there bee the like feare and jealousie over your spirits , gen. . . my father peradventure will feel me , and i shall seeme to him as a deceiver , and i shall bring a curse upon me , and not a blessing . i take liberty with more earnestnesse to presse this care upon you , because i have observed oathes and covenants have been undertaken by us formerly , and by the command of authority , the fruit wherof , though great , yet not answered our expectation , the lord surely hath beene displeased with the slightnesse of our hearts in the worke . i beseech you be more watchfull , and stirre up your hearts with more industry this day then ever before : as it is the last oath you are likely to take in this kinde , so is it our last refuge , tabula post nat●fragium : if this help us not , we are likely to remaine to our dying day an unhappy people , but if otherwise , you will indeed sweare with all your hearts , and seeke the lord with your whole desire , god will be found , and give you rest round about , chor. . . and having sworn , and entred into this solemn engagement to god and man , make conscience to doe accordingly , otherwise it is better thou shouldest not vow , eccles. . as is said of fasting , it is not the bowing down of the head for a day , so of this solemn swearing , it is not the lifting up of the hand for a day ; but an honest and faithfull endeavouring after the contents of this covenant all our dayes ; a truce-breaker is reckoned up amongst the vilest of christians , tim. . . so a covenant-breaker is listed amongst the worst of heathens , rom. . . but he that sweareth and changeth not , though he sweare to his hurt , that is , he that will keep his covenant and oath though the contents of it prove not for him , nay possibly against him , yet he will keep it for his oaths sake ; such a one shall have his habitation with the most high and dwell in his tabernacle , psal. . and as for you reverend brethren , that are ministers of the gospel , there is yet another obligation will lie upon you ; let us look to our selves , and make provision to walk answerable to this our covenant for the gospels sake ; it will reflect a great aspersion upon the truth of the gospel , if we should be false or unconstant in any word or purpose , though in a matter of lesse consequence , as you can easily collect from that apology of paul , cor. . , . how much more in such a case as this is , if we should be found to purpose , nay more , to vow , and covenant , and sweare , and all this according unto the flesh , and with us there should be , notwithstanding all these obligations , yea yea , and nay nay ? that we may all who take the covenant this day , be constant , immoveable , and abound in this work of the lord , that we may not start aside , or give back , or goe on uncomfortably , there is a twofold grace or qualification to be laboured after . . we must get courage , spirits that are bold and resolute . it is said in haggai , that the lord stirred up the spirit of zerubbabel governour of iudah , and the spirit of ioshua the high priest , and the spirit of all the remnant of the people , and they came , and did work in the house of the lord , the work of gods house : reformation-work especially , is a stirring work : read stories , you find not anywhere , reformation made in any age , either in doctrine or discipline , without great stirre and opposition . this was foretold by the same prophet , cap. . vers. . the promise is , he will fill his house with glory ; but what goeth before ? vers. . yet once it is a little while and i will shake the heavens , and the earth , and the sea , and the dry land ; that is , all nations , as in the words following . this place is applied heb. . to the removing jewish rites , the moveables of gods house . the like you finde in the apostles times , acts . the truth being preached ; some beleeved , others did not ; here beginneth the stirre , vers. . those that beleeved not , took unto themselves certaine lewd fellowes of the baser sort , and gathered a company , and set all the city in an uproare : and when they had done so , complained of the brethren to the rulers , as men that turne the world upside downe , ver. . read also acts . , , . in such a work therefore men had need be of stout , resolute , and composed spirits , that we may be able to goe on in the maine , and stirre in the middest of such stirres , and not be amused at any such doings . it may possibly happen , that even amongst your selves there will be out-cries ; sir , you will undoe all , saith one ; you will put all into confusion saith another ; if you take this course , saith a third , we can expect nothing but blood : but a wise states-man , like an experienced sea-man , knoweth the compasse of his vessell , and though it heave and rosse , and the passengers cry out about him , yet in the middest of all ▪ he is himselfe , turneth not aside from his work , but steereth on his course . i beseech you let it be seriously considered , if you meane to doe any such work in the house of god as this is ; if you meane to pluck up what many yeares agoe was planted , or to build up what so long agoe was pulled downe , and to goe thorough with this work , and not be discouraged , you must begge of the lord this excellent spirit , this resolute stirring spirit , otherwise you will be out-spirited , and both you and your cause slighted and dishonoured . . on the other hand we must labour for humility , prudence , gentlenesse , meeknesse . a man may be very zealous and resolute , and yet very meek and mercifull : jesus christ was a lion , and yet a lambe also ; in one place he telleth them he commeth to send fire on the earth : and in another place rebuketh his disciples for their fiery spirits , luke ▪ . there was the like composition in moses , and in paul , and it is of great use , especially in this work of reformation . i have not observed any disputes carried on with more bitternesse in mens writings , and with a more unsanctified heat of spirit , yea and by godly men too , then in controversies about discipline , church government , ceremonies , and the like . surely to argue about government with such ungoverned passions , to argue for reformation with a spirit so unreformed , is very uncomely . let us be zealous , as christ was , to cast our all , to extirpate and root out every plant his heavenly father hath not planted ; and yet let us doe it in as orderly way , and with the spirit of christ , whose servants we are . the servant of the lord must not strive , but be gentle to all men , apt to teach , patient , in meeknesse instructing those that oppose , tim. . , . we solemnly engage this day our utmost endeavours for reformation ; let us remember this , that too much heat , as well as too much coldnesse , may harden men in their wayes , and hinder reformation . brethren , let us come to this blessed work , with such a frame of heart , with such a minde for the present , with such resolutions for the time to come ; let us not bee wanting to the opportunitie god hath put into our hands this day ; and then i can promise you , as the prophet , consider this day and upwards , even from this day , that the foundation of the lords work is laid , consider it , from this day will i blesse you , saith the lord : nay , wee have received as it were the first fruits of this promise , for as it 's said of some mens good works , they are manifest before hand , tim. . even so may be said of the good work of this day , it 's manifest before hand , god hath as it were before hand testified his acceptance ; while wee were thinking and purposing this free will offering ; he was protecting and defending our armie ; causing our enemies the enemies of this work to flie before us , and gave us a victory , not to be despised . surely this oath and covenant shall bee iudahs joy , the joy and comfort of this whole kingdome ; yea , of all three kingdoms . jesus christ king of the saints govern us by his spirit , strengthen us by his power , undertake for us according as hee hath sworn , even the oath which hee sware to our father abraham , that hee would grant unto us , that we being delivered out of the hands of our enemies , might serve him without feare in holinesse and righteousnesse before him all the dayes of our life , luke . grant unto us also , that when this life is finished , and we gathered to our fathers , there may be a generation out of our loynes to stand up in this cause , that his great and reverent name may be exalted from one generation to another , untill he himself shall come , and perfect all with his own hand by his own wisdom ; even so come lord jesus , come quickly , amen . a speech delivered by mr alexander hendersam , immediately before the taking of the covenant by the house of commons , and assembly of divines . although the time be farre spent , yet am i bold ( honourable , reverend , and beloved in the lord ) to crave your patience a little ; it were both sinne and shame to us in this so acceptable a time , in this day , which the lord hath made , to be silent and to say nothing : if we should hold our peace , wee could neither be answerable to god , whose cause and work is in hand ; nor to this church and kingdome , unto which we have made so large profession of duty , and owe much more ; nor to our native kingdom , so abundant in affection toward you ; nor to our own hearts , which exceedingly rejoyce to see this day : we have greater reason then the leprous men sitting in a time of great extremity at the gate of samaria , to say one to another , we doe not well , this day is a day of good tidings , and we hold our peace ? it is true the syrians are not yet fled ; but our hope is through god , that the work begun this day , being sincerely performed and faithfully pursued ; shall put to flight , not only the syrians and babylonians , but all other enemies of the church of god ; of the kings honour , and of our liberty and peace . for it is acceptable to god and wel-pleasing in his sight , when his people come willingly in the day of his power ( and how shall they not be willing in the day of his power ? ) to enter a religious covenant , with him , and amongst themselves . whatsoever be the condition of the people of god , whether in sorrow and humiliation before deliverance ; or in rejoycing and thanksgiving after deliverance ; this is it , which the lord waits for at their hands , which they have been used to performe , and with which he hath been so well pleased , that it hath been the fountaine of many deliverances and blessings unto them . when a people beginneth to forget god , hee lifteth up his hand against them and siniteth them : and when his people , humbled before him , lift up their hands , not only in supplication , but in covenant before the most high god ; he is pleased ( such is his mercy and wonderfull compassion ) first , to lift his hand unto them , saying , i am the lord your god ; as we have it three times in two verses of the th of ezekiel ; and next he stretcheth out his hand against his enemies and theirs . it is the best work of faith , to joyn in covenant with god ; the best work of love and christian communion , to joyn in covenant with the people of god ; the best work of the best zeale , to joyne in covenant for reformation , against the enemies of god and religion ; the best work of true loyalty , to joyn in covenant for the preservation of our king and superiours ; and the best proofe of naturall affection ( and to bee without naturall affection , is one of the great sinnes of the gentiles ) to joyn in covenant for defence of our native countrey , liberties , and lawes ; such as for these necessary ends doe withdraw and are not willing to enter into covenant , have reason to enter into their own hearts , and to look into their faith , love , zeale , loyalty , and naturall affection . as it is acceptable to god , so have we for it the precedent and example , not onely of the people of god of old , of the reformed churches of germany , and the low-countreys ; but of our own noble and christian progenitors in the time of the danger of religion , which is expressed in the covenant it selfe . the defect was ; they went not on throughly to enter in a solemn covenant ; an happinesse reserved for this time : which had they done , the corruptions and calamities of these dayes might have been prevented : and if the lord shall be pleased to move , loose , and enlarge the hearts of his people in his majesties dominions to take this covenant , not in simulation , nor in luke-warmnesse , as those that are almost perswaded to be christians , but as becommeth the people of god , it shall be the prevention of many evils and miseries , and a meane of many and rich blessings , spirituall and temporall , to our selves , our litle ones , and the posterity that shall come after us for many generations . the neere and neighbouring example of the church and kingdome of scotland , is in this case worthy of our best observation : when the prelats there , were grown by their rents , and lordly dignities , by their exorbitant power over all sorts of his majesties subjects , ministers and others , by their places in parliament , councell , colledge of justice , exchequer , and high commission , to a monstrous dominion and greatnesse , and like gyants , setting their one foot on the neck of the church , and the other on the neck of the state , were become intolerably insolent ; and when the people of god through their oppression in religion , liberties , and lawes , and what was dearest unto them , were brought so low , that they chused rather to die , then to live in such slavery , or to live in any other place , rather then in their own native countrey ; then did the lord say , i have seene , i have seene the affliction of my people , and i have heard their groaning , and am come down to deliver them . the beginnings were small , and contemptible in the eyes of the presumptuous enemies , such as use to be the beginnings of the greatest works of god ; but were so seconded and continually followed by the undeniable evidences of divine providence , leading them forward from one step to another , that their mountaine became strong in the end . no tongue can tell what motions filled the hearts , what teares were poured forth from the eyes , and what cryes came from the mouthes of many thousands in that land , when they found an unwonted flame warming their breasts , and perceived the power of god raising them from the dead , and creating for them a new world , wherein should dwell religion and righteousnesse . when they were destitute both of moneys and munition , which next unto the spirits and armes of men , are the sinewes of warre , the lord brought them forth out of his hid treasures ; which was wonderfull in their eyes , and matter of astonishment to their hearts : when they were many times at a pause in their deliberations , and brought to such perplexity , that they knew not what to chuse or to do , for prosecuting the work of god , only their eyes were toward him ; not only the feares and furies , but the plots also and policies of the adversaries , opened the way unto them , their devices were turned upon their own heads , and served for the promoting of the work of god . the puritie of their intentions elevated above base and earthly respects , and the constant peace of their hearts in the midst of many dangers , did beare them out against the malitious accusations and aspersions put upon their actions ; all which were sensible impressions of the good providence of god , and legible characters of his work : which as the church and kingdom of england exercised at this time with greater difficulties then theirs , have in part already found , so shall the parallel be perfected to their greater comfort in the faithfull pursuing of the work unto the end . necessitie , which hath in it a kinde of soveraignty , and is a law above all lawes , and therefore is said to have no law ; doth mightily presse the church and kingdom of se●tland at this time . it is no small comfort unto them that they have not been idle and at ease , but have used all good and lawfull meanes of supplications , declarations , and remonstrances to his majestie , for quenching the combustion in this kingdome : and after all these , that they sent commissioners to his majestie , humbly to mediate for a reconcilement and pacification ; but the offer of their humble service was rejected , from no other reason , but that they had no warrant nor capacity for such a mediation ; and that the intermixture of the government of the church of england with the civill government of the kingdom , was such a mystery as could not be understood by them . although it be true , which was at that time often replyed , that the eighth demand of the treatie , and the answer given thereunto concerning the uniformity of religion , was a sufficient ground of capacitie ; and the proceedings of the houses of parliament against episcopall government , as a stumbling block hindering reformation , and as a prejudice to the civill state , was ground enough for their information . the commissioners having returned from his majesty without successe , and the miseries of ireland , the distresses of england , and the dangers and pressures of the kingdom of scotland , growing to greater extremity ; such as were intrusted with the publike affaires of the kingdom were necessitate according to the practise of former times ( his majestie having denied a parliament ) to call a convention of the estates for considering of the present affaires , and for providing the best remedies : which immediately upon their meeting by the speciall providence of god , did receive information of divers treacherous attempts of papists in all the three kingdoms , as if they had been called for that effect : and by the same providence , commissioners were sent from both houses of parliament to consider with the estates of the kingdom of scotland , of such articles and propositions as might make the conjunction betwixt the two nations more beneficiall and effectuall for the securing of religion & liberty against papists & prelats with their adherents . their consultations with the commissioners of the generall assembly , did in the end bring forth this covenant , as the only meane after all other have beene assayed , for the deliverance of england and ireland out of the deeps of affliction , preservation of the church and kingdom of scotland from the extremity of misery , and the safety of our native king and his kingdoms from destruction and desolation . this is the manifold necessity which nature , religion , loyalty , and love hath laid upon them . nor is it unknown in this honourable , reverend , and wise audience , what errors , and heresies in doctrine ; what superstition and idolatry in worship , what usurpation and tyranny in government , what cruelty against the soules and bodies of the saints have been set on foot , exercised , and executed for many generations , and now of late , by the roman church ; all which wee hope through the blessing of god upon this work , shall be brought to an end . had the pope at rome the knowledge of what is doing this day in england , and were this covenant written on the plaster of the wall over against him , where he sitteth belshazzar-like in his sacriligious pomp , it would make his heart to tremble , his countenance to change , his head and miter to shake , his joynts to loose , and all his cardinals and prelates to be astonied . when the reformed churches , which by their letters have been exciting us to christian communion and sympathy in this time of the danger of religion and distresse of the godly , shall heare of this blessed conjunction for uniformity in religion according to the word of god and the defence thereof ; it shall quicken their hearts against the heavinesse of oppressing sorrows and feares ; and bee no other than a beginning of a jubilee and joyfull deliverance unto them , from the antichristian yoke and tyranny . vpon these and the like considerations wee are very confident , that the church and kingdom of scotland will most cheerefully joyne in this covenant , at the first motion whereof , their 〈◊〉 were moved within them ▪ and to give testimony of this our confidence , we who are commissioners from the generall assembly , although we have no particular and expresse commission for that ●nd , ( not from ●a●t of willingnesse , but of a fore-sight ) offer to joy● our hearts and hands unto it , being a stored that the lord in his own time will against all opposition even against the gates of hell ▪ crown it with a blessing from heaven . the word of god is for it , as you have been 〈…〉 〈…〉 by the consent and testimonie of a reverend assembly ●● so many godly , learned , and grav 〈…〉 divines . in your own sense and experience you will finde , that although , while you are assaulted or exercised with worldly cares and fears , your thoughts may somwhat trouble & direct you ; yet at other times , when upon seeking of god in private or publike , as in the evening of a well spent sabbath , or day of fast and humiliation , your disposition is more spirituall , and leaving the world behinde you , you have found accesse unto god through jesus christ , the bent and inclinations of your hearts will be strongest to go through with this work . it is a good testimony that our designes and wayes are agreeable to the will of god , if we affect them most when our hearts are furthest from the world , and our temper is most spirituall and heavenly , and least carnall and earthly . as the word of god , so the prayers of the people of god in all the reformed churches are for us , and on our side : it were more terrible then an armie to heare that there were any servent supplications to god against us ; blasphemies , curses , and horrid imprecations there be , proceeding from another spirit , and that is all . that divine providence also which hath maintained this cause and supported his servants in a marvellous manner unto this day , and which this time past hath kept things in an equall ballance and vicissitude of successe , will we trust from this day forth , through the weight of this covenant , cast the ballance , and make religion and righteousnesse to prevaile , to the glory of god , the honour of our king , the confusion of our common enemies , and the comfort and safety of the people of god : which he grant , who is able to doe above anything that we can ask or think . finis . musgrave muzl'd: or the mouth of iniquitie stoped. being a true and cleer vindication of sir arthur hazelrige from a false and scandalous accusation of john musgrave, in his late pamphlet intituled, a true and exact relation of the great and heavie pressurs and grievances the well-affected of the northern bordering counties lye under by sir a.h. misgovernment. with a true but not exact character of the said musgrave in some discoveries of him. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) musgrave muzl'd: or the mouth of iniquitie stoped. being a true and cleer vindication of sir arthur hazelrige from a false and scandalous accusation of john musgrave, in his late pamphlet intituled, a true and exact relation of the great and heavie pressurs and grievances the well-affected of the northern bordering counties lye under by sir a.h. misgovernment. with a true but not exact character of the said musgrave in some discoveries of him. price, john, citizen of london, attributed name. [ ], p. printed by john macock, for l. lloyd, and h. cripps, and are to be sold at their shop in popes head alley, london : . attributed to john price by john lilburne in "a letter of lieutenant colonel john lilburns, .. [ ]" (wing l ). a reply to: musgrave, john a true and exact relation of the great and heavy pressures and grievances the well-affected of the northern bordering countries lye under. annotations on thomason copy: "march d "; the last two numbers of the imprint date have been marked through. reproduction of the original in the british library. eng musgrave, john, fl. . hesilrige, arthur, -- sir, d. . musgrave, john, fl. . -- a true and exact relation of the great and heavy pressures and grievances the well-affected of the northern bordering counties lye under. england and wales. -- parliament. -- committee for sequestration of delinquents' estates. great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no musgrave muzl'd: or the mouth of iniquitie stoped.: being a true and cleer vindication of sir arthur hazelrige from a false and scandalous price, john, citizen of london, attributed name b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion musgrave muzl'd : or the mouth of iniquitie stoped . being a true and cleer vindication of sir arthur hazelrige from a false and scandalous accusation of john musgrave , in his late pamphlet intituled , a true and exact relation of the great and heavie pressurs and grievances the well-affected of the northern bordering counties lye under by sir a. h. misgovernment . with a true but not exact character of the said musgraue in some discoveries of him . london , printed by john macock , for l. lloyd , and h. cripps , and are to be sold at their shop in popes head alley . . to the reader . reader , a good name well got is the best of riches and he that unjustly taketh away the same is the worst of robbers , to conceal the worth of a man is dis-ingenuity , to detract from true deserts is not equity : to charge guilt upon innocencie is inhumanity , but to call worthiness by the name of wickedness is right down devilism . i am no more master musgraves adversary then thine , and that 's not at all , for i know thee not , and yet i am both thine and his adversary in all malignity , against this common . wealth and its chiefest champions : sir arthur hazilrige is no otherwise my friend then thine , if thou art a wel-wisher to this republique ; and i have as little dependence upon him , and obliegment from him upon any personal interest as thy self whoever thou art , i have alwayes observed him ( according to the best advantage of my standing in all the turns of our turning times ) a plain hearted man , an english oake , and not an osier that wil warp and winde with every wind ; a protector of all good men of whatsoever judgement , in a good cause ; an assertor of just liberty , an opposer of tyrannie and that not in prate but in practise , in councels ▪ and combates : for my part let the terror of a tyrant be his reward , that wil plead his cause , but they are the subtil'st sollicitors for dethron'd tyrants , that decry their dethroners without a cause : it is too true honours do alter manners , and high places without great watchfulness , do make high spirits , but every bird is not taken in the snare of the fowler : and it is as true , that preferment in some begets envie in others , whose constant course is to strive and endeavour to stain their integrity with notorious forgerie ; i take no pleasure in padling in other mens puddle , nor dabling my self with other mens dirt ; yet i judge it a service worthy my betters , to wash off that filth and foam which the malicious stomachs of envious men do dayly eject upon the names and honours of our english heroes : beleeve it ( if i may speak it without vanity ) flattery is the very antipathy of my genius , and i blesse my god my foot is not taken in the snare of necessitie to dissemble the same , by the instigation whereof upon the first view of this * paltrie pamphlet written by master musgrave , i had a strong resolution to make a strict inquisition touching matters of fact therein asserted ; and ( though i had not faith to beleeve the tenths of those tales mentioned therein , mine own personal knowledge rising up against some of them ; yet considering that the best of men are but men at best , and well knowing that a plain man would not be offended at plain dealing ) i applyed my self to sir arthur himself for satisfaction herein , who hath given me that which i give unto thee , which , if thou judgest by the law of impartiality , thou shalt finde such a complexion of impudence and ignorance , scandal and slander , malice and mischief , pride and passion , forgeries and falsities concentred in mnsgrave , as if they were all cloth'd in flesh and dwelt amongst us , but that the power of him whose design it was in coming into the world to destroy the works of the devil , would crush the crowd , spoil the spawn , and confound the conventicle of those unclean spirits in that unclean man , is my hearty desire . i expect a respons , but cleerly perceiving a ranting , raving , and railing spirit stearing his pen and praecipitating him to wright at randum , i judge him not worthy the honour of a reply , and therefore farewell . a true and cleer vindication ▪ of sir arthur hazelrige , from a false and scandalous accusation of john musgrave , &c. to justifie the wicked and condemn the righteous it is hardly determinable which is more abhominable , and a pretended zeal for god and their country do hurry hypocrites to the one and the other , whose vociferations of tongues and pens , do beat the eares of city and country with nothing more then lowd lyes in hypocrisie ; who being closely beleagured with pride and penury , impudence and ignorance , and miserably infected with the itch of popularity , do palliate their projects for their lusts and lucre , from the credulous croud of the common people , with come see our zeal for god and our country , acting their parts in the publick view , theatrico more , that they might procure a plebean plaudite , for the most passionate patriots of their indeared country ; when by a very slight scrutinie of their particular practises , their pretended zeal appears nothing more then intended malice against such men : who , for true worth in the just account of god and good men are no more to be compared with such proud boasters , then the dogs of jobs flocks , with those that did abuse him : it is very observeable that the most noxious enemies of our present authority and new common-wealth , are the pretended lowdest assertors thereof , who herod-like , under the colour of advancing the same , seek to sacrifice it in its very infancie , and to introduce a most tyrannicall anarchy under the colour of the peoples liberty , hence sprung the malicious ebullitions , ranchorous invectives and scurrilous slanders from those swelling swagerors , and licentious levellers , in their lawless libels against the present parliament , the councill of state , the high court of justice , the government of the army by martiall laws , blown up and down the nation like empty clowds , and the greatest distempers that proceeded there-from at ware , burford , and else-where ; from this spirit of mischief and malignity hath the world been infected with so many scandalous fals and unworthy aspertions cast upon the chiefest champions of our english nation , as cromwel , bradshaw , ireton , harrison , vane junior , with several others , whom god hath made their adversaries envie , and the commonwealths safety ; the savor of whose conversation ( humane frailties excepted ) doth please the nostrils of god and good men , whose peace and prosperitie are the subject matter of the dayly prayers and praises of the truely religious ; whether it be not the same spirit from beneath which maketh wicked men like the troubled sea , that hath possessed mr john musgrave , when he did cast up that mire and dirt upon sir arthur haslerige ( as formerly in print though since washed off to his own glory and his accusers shame , so again ) in his late pamphlet ( wherein it is hard to say whether are more sentences or calumnies , sayings or slanders , fars'd and stuft indeed with nothing more then fables and falsities ) intituled , a true and exact relation of the great and heavie pressures and grievances the well-affected of the northern bordering countries , lye under by sir a. h. misgovernment , &c. is offered to the consideration of judicious men from their due observation of the notorious falsities therein specified , and the base miscarriages in several instances of the said mr musgrave , rendering himself in truth according to his charge against another in falshood . that little acquaintance that i have with him hath quit my desires of increasing the same , whose distempered temper chollerique countenance , troublesom tongue , and slanderous pen do render him solomons froward man , with whom we must not converse for fear of the infection of frowardness , and the companion of fools shall be destroyed : the truth is , he hath little in him worthy emulation , and sufficient want of all things lovely for the exercise of mens comiseration , did he not quench the spirit thereof in all his acquaintance by a violent voluntary precipitancy thereinto , he is not the object of my hatred ; for though he be intolerable , yet i hope recoverable ; nor yet of my envy , for he neither is or hath any thing worthy thereof ; i could love him and pity him , had he but the least of either towards himself . sir arthur hasterig is more known unto me and to thousands , then i or they to him ; and although there is not the least obligement upon me by any dependance upon him , the least particular courtesie or , favour received from him engaging me unto this service ▪ yet considering his courage and resolution , his constant and faithful adhesion in all viciscitudes and turns of affairs to the honest party , engaging himself at all times unto the highest degree against the contrary party , though never so great and likely to prosper , and knowing also in mine own present knowledg and experience the notorious falsities and untruths of some things asserted in the said scandulous pamphlet ; i could not withstand those impressions of spirit that were upon me to vindicate his integrity unto the best of my ability . how injuriously and irreparably mr musgrave hath abused the said sir a. h. contrary indeed to the very a. b. c. and first principles of righteousness , justice and common honesty , by publishing him abroad in print for a deceiver , an oppressor , a friend to the worst of malignants , an enemy to the well-affected , a promoter of the scottish interest against the english , a proud covetous oppressor , a tyrant , a traytor to god and his country , and that after the said musgrave had applyed himself unto the councel of state for audience and reception of his charge against the said sir a. h. and had all due encouragements that he should have a fair and regular hearing ; how dishonestly and wickedly he hath thus accused , arraigned , condemned and executed the said sir a. h. in his name , honor and repute before the determination of those to whom he complained , is most obvious to all his readers ; but it is no marvel ; for it is most common that such men who have out-lived the credit and repute of their own names , care not what wreck they make of the honor of others , with whom they are not worthy to be nam'd the same day : but it is a constant character of such ranting railers and flourishing need-nots , to make loud boasts in propatulo of their great zeal of justice and righteousness , countries liberty , and common honesty , and yet to act in such ways , as the dullest eye may well perceive to stand in a perfect inconsistancy with their profest principles . is not the plain english of these foul fables thus printed and published by this bold boaster and busie scribe , to dictate unto the people , according to the daring dialect of that scribling faction , such clamorous calumnies and aspersions of tyranny , pride , covetousness and oppression in our present governors , the very repetition whereof is an offence to all but malignant ears , and all this managed under the vail of publique liberty and common good ? but o that we were judges in the land lies at the heart of these pathetick zelots ; whereunto were they once advanced , the ignoble dispositions , virulent tongues , furious spirits , and mean capacities of these men would quickly reduce us to as much peace and happiness , justice and liberty , as saints may expect where satan hath his throne , and his vice-roys bear rule : for if the green tree will burn , what will the dry ? and they that will tyrannize over the names , honour and repute of their superiors , what would they do over their inferiors ? and wo be to that people whose princes are peasants , a spice of such spirits you may perceive in mr musgraves proceedings against sir arthur haslerig at the councel of state , which ( though the just judgment and order of the said councel may be a sufficient vindication of the said sir a. h. yet ) for better satisfaction , take the particulars , thus : upon the ian. . the said mr musgrave did appear at the councel of state according to appointment , and being examined touching a book with his name unto it , importing many and very great charges against sir a. h. being at first demanded whether he would acknowledg that book there presented to him to be his book , he did acknowledg the whole book to be his , excepting the errata's , which he did proffer to amend with his pen , and that he would justifie it ; after a full hearing of both parties ; and this musgrave ( not being able to make good his charge ) was commanded to withdraw ; and being cal'd in again , was desired to take the book , and to mend the said errata's with his pen , but then he denyed to own the book , but said he would stand to his charge , and make that good , and being withdrawn , and sir a. h. also , he did after that publiquely deny to own the book ; whereupon the councel of state made this ensuing order . saturday january , . at the councel of state at white-hall . ordered , &c. vpon information given to this councel by sir arthur haslerig , that one mr john musgrave had caused a book to be printed and published , and that in the epistle and charge the said john musgrave did accuse him the said sir arthur haslerig of breach of promise and engagement to the councel , and for acting contrary to the same , and contrary to the councel of states declaration ; the said mr john musgrave being called before the councel , did acknowledg the whole book excepting only some errata's of the printer , which he offered to amend with his pen , and said he would justifie it , and offered to put in security to make it good : thereupon the said mr musgrave being fully heard , as to the particulars of the epistle and charge in his book against sir arthur haslerig for a supposed breach of trust and engagement by him to the councel , and also for acting contrary to the councel declarations , concerning the examining the charge of mr howard , late high sheriff of cumberland , for the not displasing and putting in certain commissioners of the militia for cumberland , who were objected against by mr musgrave ; the councel declares , that it doth not at all appear unto them , that sir arthur haslerig hath broken the trust reposed in him by the councel , or made any failer of promise or engagement to them in any of those particulars : but do find that the imputations therein laid as a charge upon sir arthur haslerig , are false and scandalous ; and do therefore touching the said scandals , leave sir arthur haslerig for his due vindication and reparation , to take such course as he shall think fit . gualter frost , secretary . the first article was this : . that sir arthur haslerig , contrary to his engagement to the councel of state , and councels of states declarations upon the petitioners exceptions , procured lately such in the county of cumberland , to be iustices of the peace , commissioners for sequestrations , commissioners for the ministry , and commissioners for the militia there as were known delinquents , and such as are disaffected to the present government , and complying with the scotish interest , as by the charge against them hereunto annexed , and another charge against them , formerly exhibited to the councel of state , may appear . the charge in this article you see is declared false and scandalous by the councel of state , which is sufficient to stop the mouth of that calumny therein vented against sir arthur haslerig . artic. . that the said sir ar. haslerig being the chief , and leading commissioners for the ministry at newcastle , approved of such ministers in cumberland at newcastle as refused the engagement , were scandalous , and delinquents ; and such ministers as were well-affected , without any charge removed from their ministry , and put them out of their places , whereby he discovers his dis-affection to the present government , by upholding and countenancing the malignant party in authority , and keeping under the parliaments friends , all which this petitioner is able to prove , and further refers himself to the copies of letters hereunto annexed , the originals being in the petitioners hands . first , sir a. h. never acted concerning placing or displacing ministers but in publique , and that with the commissioners of of the four northern counties , and that upon their appointed days of publique meeting , and also with the assistance of doctor jennison , mr wells , mr hammond , mr wolfred , mr durant , with several other godly and well-affected ministers . secondly , sir a. verily believes that there was never any minister approved that publiquely refused to take the engagement ; and he is very confident , that there was not any minister against whom proof was made of his delinquency or scandal , but was put out . thirdly , he doth not know of any one well-affected person that was put out of his living , except scandalous , ignorant or insufficient ; as for the copies of the letters , sir a. h. conceives they neither concern him , nor prove any thing against him . artic. . that sir arthur haslerig undertook to the councel of state to examine the articles exhibited by the petitioner to the councel of state against mr charls howard , high sheriff of cumberland , but neglected the same , and came privately into the country to naward , and there feasted with the said sheriff , who is a dangerous and most notorious delinquent , as appears by the charge exhibited against him by the petitioner to the councel of state . the councel hath declared this also to be false and scandalous ; and concerning sir a. h. going to feast with mr howard , about the latter end of summer he being commanded to take care of all the forces that were for the preservation of the borders , and to enter into scotland upon carlile side , sir a. h. being in those parts upon that occasion , and the city of carlile infected with the sikness , mr howards house being next unto the borders , was necessitated to be two nights there , and this was his private going into the country to feast with mr howard : and if so be to have articles exhibited against a man by such an article-maker or forgerer be sufficient to evidence a man a dangerous and notorious delinquent , the parliaments best friends must beware of musgraves . artic. . that the said sir arthur haslerig suffers captain howards troop to lie upon free quarter upon the country for these four moneths last past , and doth conntenance one dobson , captain howards leiutenant , who cheated the troop of pound ; and when complaint was made to sir arthur haslerig , he never punished him for the same . captain howards troop belongs to the garison of carlile , and sir a. h. is confident that the governor thereof hath not suffered them to live upon free quarter ; and you may guesse by this at musgraves tales : for whereas he chargeth sir a. h. for countenancing dobson in cheating the troop of . li. and saith , when complaint was made to sir arthur , he never punished him for it ; the truth is this , about september last , complaint being made by captain howard against the said dobson , his then leiutenant , for detaining money from some of his troopers , sir arthur understanding discontents arising in the troop , forth with gave the said captain a warrant all written with his own hand to seize upon his lieutenants person , and all his horses , and then also put another able and honest lieutenant to be in his place ; and upon further examination finding that there was . l. . s. and no more due to the souldiers , the troop being engaged upon the border service , and the captain , and lieut. dobson at newcastle with sir a. h. the said dobson was discarged his place , and was made to enter into a bond of . l. with one robert huntly merchant in newcastle , an able and sufficient man bound with him , the bond bearing date the of october last , that the said dobson shall answer the same at a councel of war , upon twenty days notice , the troop being upon service , as aforesaid , and not then at leisure immediately to prosecute ; and you may the better unders●●●d the truth of this by the cirtificate following , written by the now lieutenant of the said troop . these may certifie whom it may concern , that ever 〈◊〉 〈◊〉 came to be lieutenant to capt. cecil , howards troop , which began the of october last , the troop hath constantly paid their quarters , as soon as we received our pay from the honorable col. thomas fitch , governor of carlile , which he was very careful to pay to my capt. cecil howard as soon as it came to his hands by order of the committee from the army , or otherwise ; and lest the country should through want of timely notice go without their money , it hath been my care to cause notice to be given to them as soon as the money was to be paid out ; and i often told the country , that if any man did neglect to pay his quarters , my capt. howard or my self would see them paid , if they did make it known to us : and to my knowledg the said troop hath been upon constant duty by parties to york and newcastle for the service of the state , and fetching in of sequestrations upon contempt of orders ; or else we have been upon duty along the borders near scotland : and i have understood since i came from his excellency the lord general cromwel , that in lieut. dobsons time , being lieutenant of the troop before i came , the souldiers paid their quarters ; and the said lieut. dobson having detained in his hands of the souldiers money near forty pounds , the honorable sir arthur haslerig upon notice thereof did cause the said lieut. colonel to enter into bond with security to make good the said sum to those souldiers to whom it is owing ; and when he had given good security , the said sir arthur haslerig did dismiss him from his command . dated at carlile , this of janua . . daniel freind , lieut. to capt. cecil howard , and somtime martial general to his excellency the l. g. fairfax . by all which you may see , if this famous slanderer had quite omitted that foul untruth of sir arthurs countenancing and not p●●ishing this dobson , and had abated . l. of his assertion and said he had cheated the troopers of . l. only , he had done service to the prince of this world , and obeyed the 〈◊〉 of liars after the rate of above twenty in the hundred , 〈◊〉 had been a more profitable servant unto him , then many of his children and servants are , though the wages of such work ( except he leaves it in time ) will not be very acceptable in the latter end . artic. . that the said sir arthur haslerig gave commission to edward brigs , to be lieutenant colonel for carlile garison , and made him a commissioner for the militia and ministry in westmerland , a man known disaffected to the present government , and lately cashered for his drunkenness and other miscarriages by the now lord general cromwel : that the said sir arthur gave commissions to thomas craystour , cuthbert studholm , captain brown , and others , to be captains and lieutenants in carlile garison , men known to be disaffected to the present government , profest enemies to honest men ; most of them having now layd down their commissions , when they were to march into scotland ; and the said sir arthur doth countenance none in cumberland , but such as are profest enemies to the honest party , and are for the scotish interest . . this brigs was the only man when hamilton came into westmerland , that did raise a regiment of foot for the parliament service , and he hath been always faithful to the parliament ( when such as this accuser have undermined their interest , ) who having rais'd his regement ( as aforesaid ) sir a. h. with the advice of the now lord general ( carlile being then rendred by the scots ) did put that regiment into carlile , and made col. fitch the colonel , and this brigs lieut. colonel of his own rais'd regiment . . sir a. h. did never hear the least complaint against leiut. col. brigs until of late , for which he was brought to a councel of war , and upon proof made of his misdemeanor he was put out . as for the rest of this article , it is so notoriously false and scandalous , that it is worth no other answer ; only it is wish'd , that this master-slanderer of the north had the least tang and savour of that spirit of piety and religion as mr thomas craystour hath ; if so , mens ears had not been abused with such notorious untruths as these are . artic. . that by the said sir arthur haslerigs intrusting the authorities and militia in the hands of delinquents , and men for the scottish interest , the well-affected in cumberland and bishoprick lie under greater oppressions , then formerly under king and prelates . and the said sir arthur is a protector of papists and delinquents , forbidding the subsequestrators , and sollicitors for sequestration in bishoprick to sequester papists ordered to be sequestred , of which the papists and delinquents do much boast , and honest men thereby are much cast down . this is general ; containing whole clusters of the grapes of sodom , as if gathered from a sodomite himself , having in its bowels as much spawn of malice , scandal and falsities , as so few words are capable of . artic. . that sir arthur haslerig hinders and obstructs the ordinary proceedings of law and justice in favor of papists , and did take out of the sheriffs custody ralph lampton a notorious papist and delinquent , being under arrest , and formerly arraigned for poysoning his wife , with which lampton , the said sir arthur is very kind and familiar . this ralph lampton came to the committee to make complaint against mr george lilburn , and mr george grey , for detaining a very great sum of moneys due to the state , and desired a fifth part for his twelve poor children , he being sequestred as a papist and delinquent ( which case is returned up , and now lies before the commissioners at goldsmiths hall ) the committee appointed a day of hearing the same : while this mr lampton was coming , according to order , to the committee , he was arrested , and ( as it was informed the committee ) by mr lilburns procurement : hereupon the committee , and not sir arthur haslerig , thought fit to secure him from arrests , during his coming unto , continuing at , and returning from the committee , in prosecution of that complaint onely ; for as much as it was the service of the common-wealth , and no more then the committee had authority to do , and what is practised in all courts of justice and committees of parliament whatsoever : and this was all that the committee did upon that business , and who but a musgrave would not judg it equitable ? artic. . that the said sir arthur haslerig procured ralph delival esq a delinquent in arms against the parliament , and disaffected to the present government , this last year , to be high sheriff for northumberland . sir a. h. never heard , neither was there ever complaint made unto him , that mr ralph delival was a delinquent in arms against the parliament ; and the truth is , he was nominated by another , and not by sir a. h. but if he had done it , he would have justified it , for he conceives it would have been for the publique service . artic. . that the said sir arthur haslerig , contrary to an act of parliament , suffered lievtenant colonel john jackson a notorious delinquent , and in arms against the parliament both in the first and second war , a great plunderer , to go and ride up and down the country with his arms , and against law put the said jackson in possession of certain grounds and colleries in bishoprick , belonging to men well-affected , whom the said sir arthur by strong hand dispossessed thereof , without law : and the said sir arthur haslerig , against the fundamental law of the land , most arbitrarily and tyarnnically , did by his power take from the now high sheriff of bishoprick the said jacksons goods , taken in execution after judgment , and restored the said goods to the said jackson , contrary to all the rules of the law . as for this article , wherein this black-mouth'd man ( in whose tongue and pen the very throne of scandal and calumny is established ) doth charge sir a. h. to have acted by a strong hand without law , yea against the fundamental law of this land , most arbitrarily and tyrannically take from the now sheriff of the bishopprick , one jacksons goods , taken in execution after judgment , and restored the said goods , &c. sir a. h. professeth that this whole article is altogether false , that he never heard word or tittle of this jacksons riding up and down the country in arms , &c. and as for this instance of goods taken from the sheriff , &c. it was as heathen greek unto him , he understood it not , nor heard little or much of it , until he read it in this railing pamphlet ; since the publication whereof , this ensuing letter was sent unto him , from the then sheriff of the county of durham touching this business . sir , having lately seen a pamphlet flying about the country , and an aspersion in it thrown upon your self , in that you should have taken some goods from the sheriff of this county after they were taken upon execution , i thought it fitting to let you know , upon what ground these goods were delivered back , which was thus : after the goods were driven , mr bruen sent a letter to my under-sheriff , to acquaint him that the goods taken were belonging to an officer in the army , and not to jackson , the party mentioned in the execution ; upon which the under-sheriff returned the goods to mr bruen , having nothing to do with those goods : this is the truth , and shall in point of vindication to your self be made good by him wheresoever you shall please to call : i shall trouble you no further , but rest , your most affectione friend , iames clavering . durham , ian. . whether the very unclean spirit of impudence and slander hath not possess'd this loose and licenscious pen-man and his contrivers , let all men judg . artic. . that the said sir ar. haslerig is very familier , and keepeth company with thomas wray , a papist , in arms against the parliament ; and upon search for a popish priest , there was lately found in the said wrays house copes , and other popish reliques , and much gold and money , most whereof sir arthur haslerig caused to be returned back to mr wrays wife , a papist : and the said sir arthur by his souldiers put sundry honest men out of possession of the colleries , setled upon them by law , under colour the same belonged to the said wray , whose debts sir ar. haslerig undertook to pay ( as wray confessed ) for the said colleries , being worth pounds per diem , as the said sir arthur giveth forth , to the utter undoing of the owners of the said colleries . sir a. h. professeth he never had any thing to do with this mr wray , but when he came unto him about complaints against mr george lilburn and mr george gray for deceiving the commonwealth of very great sums of money when they were of the committee , and trusted for the parliament , which business is sent up to the commissioners of goldsmiths-hall , and now lies before them ; and he is resolved , that whilst he hath any power commited to him , that he will do every man right to the best of his understanding , be he papist , delinquent , or any other whatsoever , and he is a very hypocritical and feigned pretender of righteousness and justice that will be offended thereat , especially complaining in the commonwealths behalf . and concerning the gold mentioned in the article , there was a girdle brought to the committee sitting at durham , which mrs wray did usually were about her , wherein was quilted about . l. in gold , of which there was . l. in old gold , which the said mrs wray affirmed was her mothers , her grand-mothers , and great grand-mothers , and that she never intended to make use of it ; and further , with sore lamentations , complained to the committee , that twice before that sequestration she had all her goods seized on , and taken away for her husbands delinquency , and earnestly besought the committee for her fifth part , whereupon the committee gave her back the old gold , and a fifth part of the rest , and this was publiquely done at the committee , sir a. h. being then present , he not acting at any time single , but with the whole committee : and for the remaining part of the article , concerning the dispossessing of honest men of the colleries , under colour of mr wrays right unto them , and sir arthurs undertaking to pay his debts , read this ensuing certificate under wrays own hand and seal in the presence of thomas scot and col. george fenwick . thomas wray of benish in the county of durham esquire , declares , that he was formerly and is owner of the colleries at harraton in the said county , and that the said colleries were sequestred for the papisty and delinquency of the said thomas wray first by sir william armyn in the year . and also by the committee of durham . of which mr george lilburn was then a member , and present ; and that the said mr george lilburn in the year . entered into the possession of the said colleries at harraton , and converted the profits to his own use , for which wrong done both to the state and the said wray , he the said wray complained to the committee at durham in the year . and the committee thereupon ordered , upon full hearing of both parties , that the said colleries should be again taken into the possession of the state , and employed for the use of the commonwealth according to the first sequestration , and so it now remains : and the said thomas wray further declares , that sir arthur haslerig , neither by himself , nor any other from him , did ever treat with the said wray for the buying or dealing in the said collery , or paying any of the debts of the said wray , neither did the said wray ever say to any man , that sir art. haslerig undertook to pay any of the said wrays debts , all which he will be ready to testifie upon oath , as cause may require . in witness whereof he hath hereunto set his hand and seal , the of ianuary , . signed and sealed in the presence of tho. scot . geo. fenwick . artic. . that the said sir arthur haslerig doth comply with , and countenance colonel john hilton , a delinquent in arms , both in the first and second war , and assists the said hilton to defraud the poor in sundry parishes in bishopprick , of great legacies given by the said hiltons elder brother . whatsoever hiltons brother gave to the several parishes , concerns not sir a. h. but what estate col. hilton had in possession when he was a delinquent and sequestred , it concern'd sir a. h. as trusted for the state , not to suffer such an estate upon pretence of the poors right to be taken out of the states hands by any of the states agents , but in a legal way , or by the command of those that were intrusted by the parliament to take off sequestrations ; and for col. hilton himself , he did never speak in private with him in all his life : and surely had not this musgrave more familiarity with a lying spirit from beneath , then sir a. h. hath had with this hilton , he had never been so countenanced and assisted in framing so many false and scandalous untruths , as he hath been . artic. . that sir arthur haslerig brought colonel hacker into the country , who contrary to an act of parliament , quarters his souldiers , and others under the name of souldiers , who are none , upon the well-affected in bishoprick , and would but pay what they pleased , and in some places nothing , but upon complaint colonel hacker gave them no relief , but threatned them to have them before sir arthur haslerig for complaining ; afterwards captain thomas lilburn brought the matter in question before a councel of war at whitehall , but by sir arthurs power it could never be fully heard , which if it had , there would have appeared many thousand pounds kept wrongfully from the souldiers , besides the great oppression of free-quarter ; some examinations whereof were taken by mr margets , which sir arthur haslerig keeps hitherto from reading ; and the said sir arthur sore threatened the said captain , for appearing for the souldiery and country against him and col. hacker . that sir a. h. did bring colonel hacker into that country , he doth acknowledg and justifie the same ; if he or his souldiers have done any thing unworthy , he is very sufficient to answer it , and is ready to give an account thereof at any time : and it is notoriously known , that sir a. h. did exceedingly press to have the complaints against his souldiers to come to hearing ; and he is fully perswaded , that the aspersions layd upon col. hacker are very false , and the proceedings in the country against him were unjust . artic. . that the said sir arthur haslerig , to disable m. george lilburn to serve his country , and the more to discourage the well-affected in bishoprick , caused him to be put out of the commission of peace , ministry , and militia , and much endevoreth to sequester the said m. george lilburn , who hath commonly been reputed the most active , stirring , and suffering man for the good of this nation , both before the parliament began , and since , of any that hath been , or is in the country . concerning sir a. h. leaving mr george lilburn out of commission , he conceives that he had done nothing but his duty , and doubts not but he can give satisfaction to any honest and well-affected man to this present government in what he hath done ; and for his endeavors to sequester the said george lilburn , it is notoriously known , that he was accused at the committee , long before sir a. h. came into the country , upon these three ensuing articles . first , that he had signed warrants with his own hand and seal , with sir william carnaby , sir tho : riddal , and sir tho : liddal , for carrying arms and ammunition which came out of holland into newcastle , and were sent unto the late king after he had set up his standard , which were used against the parliaments forces at edghil battel , two of which warrants were produced . secondly , that he gave the late kings oath to several persons in the county of durham , when the earl of newcastle had the whole power of the county . thirdly , that he compelled his servant thomas chilton to serve in col. hiltons regiment against the parliament , which regiment being broken by the parliament forces at marston moor , the said chilton returned to his said master george lilburns house . artic. . that sir arthur haslerig hath displaced all the well-affected men in bishoprick , that were of the committee for sequestrations there , and put in their stead one thomas haslerig his kinsman , and a stranger ; and doth continue one colonel francis wren , who in the head of his regiment , upon his first march into scotland , was digracefully and justly cashiered , by the now lord general cromwel , for plundering , and other gross and foul misdemeanors ; and one thomas dalaval , an arch malignant , and disaffected to the present government , who lived in the enemies quarters all the time the earl of newcastle had his forces . it is well if those that were displaced appear well-affected to the publick , and faithful to their trust ; surely that was no cause of their ejection : if unfaithfulness was not their sin , it will never be their sorrow : as for col. wren , he hath ever been faithful to the parliament , and in arms for them from the very beginning , and did ascend unto his colonelship by degrees ; and when his regiment went into scotland after hamiltons defeat , so soon as they came into scotland , they did conceive they might have plundered in scotland as the scots had done in england immediately before , as supposing themselves legal executioners ( and that without commission ) of the law of taliation , and that they might act the scotch-men in their own countries , and thereupon they were very unruly ; the lord general being very much offended thereat , desired the colonel to return back into his country , but he was not cashiered , as is here falsly asserted . as for mr haslerig , he hath a very good estate in the county of durham , and is very well known to be an able and well-affected man , and very fit for the employment , and so is mr tho : dalaval , and sir a. beleeves musgrave can never prove him an arch malignant , onely his work is to slander , and he loves to be doing . artic. . that the said george lilburn , being surveyor of the bishops lands in bishoprick with one edward colson , which said colson joyned with one saunders , and counterfeited m. duncalss hand without his privity , for the abatement of a thousand and odd pounds , meerly to cozen the state thereof , which cheat and cozenage the said george lilburn discovered . but the said sir arthur haslerig much labored and sollicited the said george lilburn to conceal the said cheat and forgery of the said colson , and though the said colson be a man disaffected to the present government , and marryed to a papist , yet doth the said sir arthur haslerig much countenance the said colson , and made him a commissioner for the ministry , and his court-keeper . this hath been discovered and published in print by the said george lilburn about two years since , and then also answered by the said saunders and mr colson : and why did not mr lilburn then print sir a. haslerigs desire for his concealment of that cheat and forgery ? surely there was never such intimacy between sir a. h. and mr geo : lilburn , as that sir a. h. should commit such a base secret unto him , and he abhors the practice of such baseness , he could never musgrave it after that manner ; and as for sir a. putting in mr colson to keep his courts , it is well known that he was appointed to keep those courts by the committee when they were under sequestration , before sir a. h. bought the manors ; that colson is a commissioner for the ministry , it may be numbered among the rest of musgraves , it 's utterly false . artic. . that your petitioner hath been much sollicited by the well-affected in his country , to present their grievances and oppression , and crave relief in their behalf , as appears by their letters , copies whereof are hereunto annexed . whereas this proud boaster glories , that the well-affected in his country did become so many sollicitors unto him , that he would be pleased to be their sollicitor-general to present their grievances and oppressions , &c. and in the title-page of his book takes in the northern bordering counties , i thought fit to let you see , how the county of northumberland do throw the falshood of it in his face , as appears by this ensuing letter from the grand jury of that county , occasioned by the sight of this scandalous pamphlet , and sent up post unto the councel of state . right honorable , we the grand jury for the county of northumberland , at the now sessions of the peace , having seen a book published by one john musgrave , who therein pretends the great and heavy pressures and grievances the well-affected of the northern bordering counties lie under , by sir arthur haslerigs misgovernment , and placing in authority men disaffected to the present government , and having perused the book , and finding our selves therein much concerned , as being the most northern bordering county to scotland , we presume humbly to acquaint your lordships , that as the author of the book is altogether unknown to us , so also all his relations , complaints , and petitions , without our consent . and we cannot but wonder that any man durst assume so much boldness , as to present to this honorable councel , in the name of the well-affected in the four northern counties , such false and scandalous things . we shall not trouble your lordships with the particulars in his book , few of them concerning our county ; but having diligently perused the book , we find it chiefly endeavors to make the world believe that sir arthur haslerig is a countenancer of delinquents , a friend to the scots , and an enemy to honest men , and the present government : we hope we need not say any thing to wipe off those seeming stains ; sir arthur is well known to the parliament , and his actions have sufficiently testified his affections and faithfulness to the publique interest , and good of this nation ; yet we being his neighbors , and having seen his just and equal dealings , and being partakers of exceeding much good by him , cannot hold our peace : and we dare say , if all the four counties may have leave to speak their own words , they would tell your lordships more then we can say on his behalf . it is strange to us that sir arthur should be counted a friend to delinquents ; surely he is not so in these parts : we very well remember , that long before the parliament made an act to restrain papists and delinquents , sir arthur haslerig caused those that had been in arms against the parliament in our county , especially the gentlemen , and those that had been officers , to be apprehended , and those that were active and dangerous he continued under strict bond , not to go from their own houses , and others about a mile from home , none above five ; and none of them to keep arms in their houses , nor to speak or do any thing against the authority of the parliament ; and divers desperate men he kept prisoners in newcastle ; and we suppose he took the same course in other counties : and for his being an enemy to honest men , we must needs tell your lordships , those that fear the lord bless god for him , and the mercies they enjoy by him . those that love the parliament amongst us , will acknowledg his care and tenderness of them , and his unwearyed endevors to preserve them , and the interest of the parliament : and all the poor people will confess the happiness and benefit they have received by his means ; they are exceeding sensible of the miseries and oppressions they long groaned under , and of the ease and freedom they are now partakers of . and for those gentlemen now intrusted by the parliament with the power of this county , we know not how , nor by whom , they were placed in authority , whether by recommendation of sir arthur haslerig , or others ; but we are sure they are those that have been most active in promoting the parliaments interest , and have kept firm through all changes to the service of their country ; and their righteous dealings in their trust have made their names famous among the people ; and we hope they are not afraid to give an account of themselves when authority shall require it : and for sir arthur haslerigs being a friend to the scots faction , let his activity , care , and industry , to raise men against them , speak for him : and after our army was gone into scotland , his pains and labor to furnish them with provisions and supplies , without which they had been forced to retreat , as we have heard . my lord , we could renumerate our late last grievances , and our present mercies , and instance in many particulars , what benefits we have reaped by sir arthur haslerig , and those in authority amongst us , but it would too much trouble your lordship ; onely we make bold to say , we exceedingly wonder , that such scandalous complaints should be suffered to pass in print , which though they receive not much credit in our days , yet may lay a stain upon the posterity of those , whose names are precious , and deserve to be had in perpetual remembrance . we doubt not of your lordships justice in acquitting the just . we are , my lord , your lordships most faithful and humble servants , richard hearon robert pearson john midford rich : dawson thomas pye william lawson thomas watson george marshal henry lawson robert dalton thomas megison cuthbert fenwick john shafto thomas fenwick ro : megison george hoslop george wharton . morpeth in northumberland , january , . arric . . that your petitioner hath lately discovered sundry concealed and sequestred delinquents of great estates , which will bring in to the state ten thousand pounds and more , if the commissioners for sequestration made by sir arthur haslerig were honest and faithful men ; but in regard most of the said cōmissioners are delinquents , and sequestrable themselves , and all of them disaffected to the present government , they do what in them lies to hinder your petitioner in the prosecution thereof . whereas this musgrave boasts of his discovery of delinquents estates , to the value of l. if the commissioners made by sir a. h. had been honest and faithful , the truth is , this musgrave came with mr can to sir a. h. his chamber , the last time he was in town , which was about april last , and gave the like information , whereupon sir a. h. conceiving , that if musgrave had power he would be the better enabled unto a through discovery , and bringing in unto the state those great sums of mony , thought fit to move the commissioners for compounding to make him one of their commissioners for sequestration for cumberland , which accordingly they did ; and sir a. confesseth that he was exceedingly mistaken in mr musgrave ; and if there was any dishonest and unfaithful , that he put in , or was an occasion of being put into commission , it was this musgrave : and sir a. doth acknowledg , that he never suffered so much disgrace by preferring any man to any place of trust , as he hath received by him ; for the commissioners of goldsmiths-hall have most justly turned him out of commissions , for his corrupt and wicked actings ; and that you may see a true character of this john musgrave , his great zeal for this commonwealth , and against papists-delinquents , and who is the truer friend unto papists and malignants , and more faithful to their trusts , sir a. h. or this john musgrave , read this ensuing letter from his fellow commissioners of that county . for the worshipful tho : craister , esq major of the city of carlisle , haste , haste , in newcastle . sir , about the day of october , mr clement skelton brought in an order from the commissioners for compounding to the commissioners for sequestrations in cumberland , to examine the validity of a deed produced to them , touching the clearing of andrew huddleston's estate , a papist in arms , worth l. per annum : the said mr skelton , bringing the said order before us , and the said deed , was demanded , wherefore he did not seek his interest in that estate before that time , the same being under sequestration for four or five years : the said mr skelton replyed , he could never get a man for his purpose , until he met with mr john musgrave : and being asked , how the said order was got , he answered , mr musgrave knew better then himself ; whereupon mr musgrave was called , and at his coming in , said , 't is true , he had l. to sollicite that business : it being replyed , he was not sent for to know what he had for so doing , but what the commissioners for compounding said to the matter in dispute , and what he thought of it himself ; to the first he answered , that mr winslow did engage to send the said order ; and that he conceived , if we could not prove the said skelton to have made away the estate to the said huddleston , the deed was valid , and so it did behove us to certifie : whereupon he withdrew . the said mr skelton being further asked , when he had the aforesaid estate in possession , and what rent he had received of the said mr huddleston , he thereupon was silent ; whereupon we told the said mr skelton , that if any man went about to conceal a delinquents estate , that same act made him liable to sequestration ; and further , we produced before him the late committee book , wherein it did appear the said mr skelton had farmed the said estate of the late committee , in the year , and payd the rent due for the same , without claiming any interest therein : whereupon the said mr skelton withdrew , and never since appeared to claim any title therein : but since , the said mr andrew huddleston , paying in his rent due for the same , confessed , that he had given to mr john musgrave himself l. and sent him up to london l. more : and about the day aforesaid , mr musgrave being asked , why he would take l. for solliciting a business of that nature against the state and his conscience , at the very time when he was commissioner for sequestrations for the state , contrary to his trust and oath , which he either had , or should have taken ; he replyed , he was a sollicitor , as well as a commissioner , and would not forego his solliciting for being a commissioner . it is to be noted , that about the of april , . the said deed was produced before mr craister , tho : langhorn , and mr musgrave , then commissioners for sequestration : the said commissioners returned the deed with this answer , that it was to be cleared above ; whereupon the said mr musgrave by his expressions seemed to undertake that business , as it appears he did ; and also at that time spoke in other delinquents behalf so much , as gave occasion to his fellow-commissioners to have some jealousies of his actings ; and presently after the said tho : langhorn saw the said mr musgrave receive a sum of mony from the said mr huddleston , and the said mr musgrave went presently after to london , and stayd there above three moneths , which caused mr craister and tho : langhorn to desire the commissioners for compounding , either to joyn with them such as would act faithfully and fully for the publick , or else excuse them from the service , the affairs of sequestrations speedily requiring diligence and action ; upon which desire of theirs the said musgrave was outed , and others put in , before the said mr skeltons order was examined : but mr musgrave took his discharge so ill , that he did vehemently threaten that the said tho : langhorn , and others , should have lex talionis ; and further , that sir arthur haslerig , to stop his mouth , had made him a commissioner , but now being outed , his mouth was open : to which one replyed , it seems a great place will stop your mouth . also at that time he was outed of being steward of the honor of penrith : and the said mr musgrave being poor , his estate not being possible to be made worse , we do verily beleeve put him upon printing his book : notwithstanding , we desire to forgive him , and the lord to give him repentance , which is all we can offer to you at this time : the truth of what is said shall be sufficiently by our selves and others proved . we desire you to finish that letter to the commissioners above , whereof you took instructions at carlisle , with the tender of our service to all the honorable persons with you . we remain , your friends and servants , tho : langhorn tho : sewell . pearith , januar : . thus have you the several articles exhibited by this northern article-maker against sir a. h. with particular answers thereunto , and that you have compleat satisfaction touching sir a. his innocency in respect unto them all , is my perfect presumption : i had almost said , that a doubt herein ( all things considered ) renders the doubtful , not so much a man , as a musgrave . and although it is beneath a man advanced but one degree , in ways of wisdom and discretion , to waste his time in setting forth the vileness and baseness of the principles and practices of so worthless a person , it being but actum agere , he himself having been his own limbner in this very pamphlet which he made against sir a. h. where you may see , as in a glass , as many ill qualities , as can likely croud together in one man ; yet if you can bear the savor , see him anatomized in some few instances . first , observe his covetousness , dishonesty , and ( to speak it out ) his plain knavery in this instance following , in a certificate under the hand of a minister and an eye-witness thereof . a certificate from a minister touching mr musgrave's base offering to compound to desist prosecution of an honest man , by him accused for a certain sum of mony . about the beginning of february , . captain crakanthorp and john musgrave procured an order from the committee for complaints at westminster , to summon several gentlemen within the county of cumberland to appear before the said committee , to answer to a charge layd against them by the said captain crakanthorp and john musgrave , who alledged , that they had sustained loss or damage by those gentlemen ( being justices of the peace within the said county ) to the value of two thousand pounds and upwards ; which order the said informers shewed to captain dowson and my self , then being at london . we friendly demanded of them , what injury they had received from william brisco , esq now high-sheriff of the said county , being one of those gentlemen whom they accused , and whom they had order to summon : and finding , by their unsatisfactory answer , that a matter of mony would pacifie them , and prevent this appearance , we acquainted mr edward brisco , a merchant in london , and brother to the said william brisco , esq of their intentions , so far as by their discourse we could judg of them ; mr edward brisco was willing to promise a considerable sum of mony , though without his brothers privity , hoping he might thereby procure a discharge from the complainers , and withall an engagement under their hands to free his brother from all future trouble , which accordingly was effected , and the sum agreed upon , viz. l. presented before them , upon the sight and promise whereof , the complainers engaged to acquit the said william brisco from all future troubles , assuring us that they would not molest or accuse him directly or indirectly , by themselves or others , for any injury or offence done , or pretended to have been done , by him , either in particular against them , or in general against the state , of which they protested they were able , and wovld accvse him , if they received not present satisfaction . they on the other side required bonds , besides the present payment of the mony , for assurance from the said edward brisco , captain dowson , and my self , that we would not discover this their act and deed to any other , least the report thereof should prejudice their proceedings against the rest of the gentlemen , of whom they hoped to receive like satisfaction : their engagement for acquiting mr brisco , together with the mony , which then lay upon the table in a bag , he the said mr edward brisco immediately pocketed , pretending that he desired to be advised by some lawyers , whether this engagement of theirs was full and satisfactory , or not ; and so leaving them that had delivered their engagement , and not received their mony , he went home , and that night shewed the paper to major salloway , a member of the house , who assured him , that he would acquaint the house with it . this i am willing to depose upon oath , whensoever i shall be called thereunto . jos : nicholson , minister of gods word at thursby . mr edward brisco is now in the city , and ready to make oath of what is expressed in this certificate . here follows the release which this musgrave writ with his own hand . whereas mr richard crakanthorp and john musgrave , gentlemen , have exhibited certain complaints to the parliament against william brisco , esq as well for certain wrongs done to us in particular , as also for publique wrongs , or dis-service to the parliament , and their adherents , and have obtained summons against him ; now these presents are to satisfie all whom it may concern , that edward brisco , brother of the said william , hath payd us thirty five pounds on his brothers behalf , for the wrongs done , in consideration whereof we do by these presents promise , and covenant , to , and with , the said edward brisco , that we shall not at any time hereafter prosecute the said william brisco for the causes aforesaid , or any other wrongs by the said william committed against us , or other person or persons whatsoever . he acknowledged this engagement and discharge to be his own hand-writing before the commissioners at goldsmiths-hall very lately . now judg reader ( if i may be a little pleasant with thee ) whether here was not a knave and a knavecatcher well met . take here another instance , and that shall be of his tyranny , cruelty , and indeed barbarism , set forth upon the best terms of concealment , and that by his own hands , in an apologetical letter written to col. fitch , governor of carlisle , who required an account of a captain , and some souldiers that were assistant unto him in the execution thereof . to his much honored friend colonel fitch , governor of carlisle , these deliver . sir , this evening i received a letter from captain place , wherein he intimates , that he is commanded to bring two of his soldiers before you to carlisle , upon my father in law mr vaux his complaint , that they took him forth of his bed , and carryed him a mile in his shirt , and that they took and detained a horse of his worth l. the captain was desirous that i should come along with them to give account of the thing , so far as i knew , and the same related to my mother and me , which very willingly i would have done , if i had not been constrained the audite to morrow , by appointment from mr pollard , the states receiver , i ( being the states steward for the honor of penrith ) might neglect that service , but to morrow night i shall be , god willing , with my brother graham at newbygin , and the next day at newlathes , to hold the leet for my ancient friend captain sikes , purchaser of the manor of john de chappels , whither if you send , upon notice i will wait on you , so be i may , according to law , be free from arrests , which in that corporation may causless be layd upon me for vexation , as often heretofore hath been done , i speak not this that i know or fear any just cause , for i never concealed my self , and shall be ready to appear gratis at westminster to any action : in the mean time take a short account of what i know there concerning ; i doubt not but you have heard of the difference betwixt me and mr vaux , and him and my mother , and how , while the late kings party was master of this county , wickedly he used her , and endevored to have starved her ; for the committee of this county ordered her l. per annum , till she could obtain relief in a legal way , which order he never observed , not to speak of his wilful contemning the present authority , refusing to answer any proces , or obey any order therein , for which , at my suit some fourteen days since , he was proclaimed by the sheriff , and upon an order under seal out of the high court of chancery for l. l. arrearages , and fourty pounds per annum , upon an attachment by a special warrant from the sheriff of this county , to me and thomas graves and others directed , he was arrested : the maner was thus , before any souldier was quartered with my mother , we went to kelbarrow , and his chamber door being open , and he in bed , we peaceably entered , and desired him to rise , which he refused to do ; then i told him , he was a prisoner ; whose prisoner ( quoth he ? ) i said , my prisoner , wishing him to rise and put on his clothes ; i shewed him the warrant under seal , and read it unto him ; but he said , it was a counterfeit warrant , and he would not obey it , and if we had him , we should take him naked ; so finding him obstinate , we took him out of his bed , and brought him into the hall , and set him in a chair , wishing him to put on his dublet , which thomas grave brought out of the chamber , but he would not , fearfully cursing me , and my mother : i offered to fetch his breeches , but he cryed out , i went to rob him ; so i forbare , wishing his man there present to fetch his clothes , but he commanded the contrary : i offered him , if he would give security to appear and answer the court , i would accept it ; or if he would go to mr sandersons , or any other friend , i would carry him thither , desiring him still to put on his clothes , which after long refusal , fearing his tenants coming in to rescue him , as sometimes they had done , we horsed him , and cast a cloke about him even per force , and carryed him to laths , not half a mile from his own house , where he was taken , and with much entreaty got him to go to bed , he still refusing to put on clothes , which the good-wife of the house brought him ; and after henry dacre came to him , and brought his clothes , he caused them to be sent away : i offered dacres to accept bond for his appearance without going further , but dacres went to the undersheriff and brought a discharge , a copy whereof i send you . that night late i went to catterben to see how things were with my mother , where i found these two soldiers quartered , as they said , by orders ; they were much discontented with dyet and lodging , wanting indeed all fit accommodation , having neither fire , victuals , or bedding for them ; some words passed betwixt them and me : i told them , my mother was a forsaken woman , had nothing but that great empty house , her husband not allowing her common necessaries , and contempting all orders made for her , desired them to go to him , and quarter there , or cause him to bring in provision , and she would make it ready , and if that would not serve , they must bring it with them , for they could not have it where it was not : that night they layd upon hay with such coverings as she had , dis-furnishing her self , and sup'd with big-pottage , fare coarse enough . the next day i shewed them mr vaux his man in the field , but he would not come neer us , though none intended him harm ; the souldiers finding the man so refractory , horsed after him , and a while after brought the horse , dear of six pounds , being lame , into the courting , which my mother took from the souldiers , and which she sent away to be sold without the privity or consent of the soldiers : what she hath done , she will maintain and justifie , and when that mony is spent , as most of it be , she must fetch more from him ; for four years she had not any thing from him , whereby she contracted great debts , and if god had not enabled me to travel for her , he had starved her long ere this ; perhaps ere long you may have a larger view of all his doings in print . yesterday after i came from keeping the leet at feverham for the state , i finde two soldiers more quartered with my mother ; this morning i sent to the constables who layd them upon her , wishing them either to provide for them , or take them away ; but they said they durst not do any thing without mr vaux consent : mr vaux hath complained to a councel of war at penrith , but they finde no cause to interpose amongst us in these civil differences : this day i acquainted major rippon with my mothers burthens and condition , and he took off that charge for the present , as by the enclosed you may perceive . i desire you for the future that my mother may not be troubled with billeting any souldiers , till there be a setlement betwixt her and her husband , for avoyding the like disturbances as these : i have been larger , then i intended , but you have nothing but truth ; for mr vaux his uncivilities to us are not worthy mentioning . i take leave and rest , yours , wherein i may serve you , john musgrave . catterben-hall , . moneth , . judg again reader , didst thou ever see such tyranny upon the dunghil in all thy life before ? what ( think'st thou ) would it advance unto , was it upon the throne ? look back upon the instance , tell the aggravations thereof : a poor old man of seventy years of age , in time of peace , having his chamber door broken open , taken out of his bed , in the winter season , in the north of england , put naked upon a horse , for neither felony nor treason , by his wives own son ( this musgrave ) and so carried away towards this wretched mans house , and compel'd ( for fear the old man should dye , or rather of the reward of a murtherer ) to hasten him into a milners house by the way , and put him into bed , hardly able to keep life in him , and all for so small a matter as is here specified : would not a man think that the great tormentor of mankind was mew'd up in this musgrave , and that a few more of such musgraves would render those places where they were , as if hell was broke loose , and the inhabitants thereof had dwelt therein ? i shall forbear any further digging in his own dunghil ; for the truth is , i loath the work , and it shall be pure necessity that shall re-compel my pains of this nature , if ever i attempt it the second time : no more now but only this ; he pretends himself the grand advocate for the godly ministers in the northern counties ; if you may judg of his clergy clients by one or two of them , whose cause he solicited very lately before the committee of plunder'd ministers , you may quickly ghess what ministers they are : and for thy satisfaction herein , read the orders of the said committee after full hearing of both of their causes . at the committee for plundered ministers , february . . upon the complaint of mr john musgrave on the behalf of mr morland , ejected out of the rectory of graystock in the county of cumberland by sir arthur haslerig , and other the commissioners , for propagating the gospel in the four northern counties , the said mr morland appealing against the judgment of the said commissioners , and being now present with the said mr iohn musgrave , his solicitor , to make good the said appeal , it is admitted on both sides , that the cause of the said mr morland his ejectment out of the said rectory , was for insufficiency for the ministry ; and that he appearing upon examination before the said commissioners ( as is in behalf of the said commissioners affirmed ) to be grosly ignorant , and therefore unable and unfit for the work of the ministry , they have adjudged him a scandalous minister : but the said mr morland standing upon his justification , submitteth himself to a re-examination before this committee ; and being now re-examined before this committee in presence of his said solicitor mr iohn musgrave , and all parties concerned , it appeareth to this committee upon the publique examination of the said mr morland , that he is notoriously ignorant even of the very fundamentals of christian religion ; and the said mr morland having nothing more to say for himself , nor his said solicitor mr musgrave on his behalf , this committee do upon full hearing adjudg , that the said mr morland is a very scandalous minister in regard of his said ignorance , and do approve of the said commissioners ejecting him out of the said rectory for the same , and do therefore order , that the orders of the said commissioners for his said ejectment shall stand , and the same are hereby confirmed , and that the said appeal be , and the same is , hereby dismissed . gilbert millington . at the committee for plundered ministers , february . . upon the complaint of mr iohn musgrave on the behalf of mr lampit against sir arthur haslerig , and the rest of the commissioners for propagating the gospel in the four northern counties , the said mr lampit appealing against the judgment of the said commissioners for removing him out of the rectory of aiction in the county of cumberland , and being now present with the said mr iohn musgrave his solicitor to make good the said appeal ; it appeareth upon full hearing of what the said mr lampit and mr musgrave could say , that mr lampit was not ejected out of the said rectory by the said commissioners , for that the said mr lampit by his own shewing and confession acknowledged that he had no other title unto the said church , but the election and entertainment of some of the said parish thereunto , they having no authority at all to present ; and that the said commissioners taking notice of the vacancy of the said place ( the former incumbent being lately dead ) did , according to the authority vested in them by the parliament , settle mr nichols , minister of the said church , an able and painful preacher , who is freely received and entertained by the said parish , and the pretended choyce of the said mr lampit by them the said parishoners wholly retracted . now therefore in regard the said mr lampit claimeth only by intrusion , as afore-said , without any right , and the said commissioners having found it so before them , and thereupon otherwise disposed of the said living according to law : the said mr lampit and mr musgrave having nothing more to say , this committee finding that the said mr lampit or mr musgrave had not the least just cause of complaint against the said sir arthur haslerig and commissioners for putting the said mr lampit out of the said rectory of aicton , do approve of the proceedings of the said commissioners , and confirm the order by them made for disposing the said rectory , and do dismiss the said appeal . gilbert millington . his post-script is as full of the same spirit of malice and scandal as his prescript , belching out falsities and forgeries by thousands ; affirming , that sir a. h. partly by oppression , but mostly by buying the commonwealths lands at a far under-rate , hath gotten an estate worth or thousand pounds per annum : a man would have thought he had spent his poyson in the body of his pamphlet ; but it seems he hath a spring thereof in his bowels that can vent it self without end : sir arthur is a man of estate , honour , and conscience , and therefore no probable friend to levelling principles ; he hath been a purchaser of bishops lands , and is not this a clear evidence of his dis-affection to the commonwealth , and a manifest testimony of his scotish malignancy ? all which he hath bought at a far under-value , the surveyors returning the prizes as sir arthur desired : what forsworn wretches were these surveyors ? what , all musgraves ? not an honest man amongst them ? sir arthurs man pearson buys lands also : who can endure to see such thriving ? is not this worthy of complaint to the councel of state ? col : fitch also wrongs the whole country : this is most apparent ; for he would not suffer one of his captains and souldiers to abuse musgraves father in law ( as you lately read ) but he calls them to account for it : no man but musgrave is sensible of his countries misery under sir a. h. misgovernment , and his malignant iustices , contrary to his engagement to the councel of state , all which is submitted to that honorable councel , who hath declared it false and scandalous . post-script . john musgrave , one word of counsel ( before we part ) and then farewel : let us hear no more complaint of oppression from an oppressor , nor of tyranny from a tyrant ; you know they are not always the honestest men that cry loudest stop thief : if you love the commonwealth , seek not to ruine her common-worthies ; though you have quit the scotch interest , yet love your scotch wife ; you know the meaning ; there is more hope of a babe of grace of her , then of another : if i should tell you of loosness in bonds , of liberty in prison , of a fleet on the dry ground , i presume you able to expound all these aenigma's ; if you cannot , you may have an interpreter , time enough . reader , it is very likely that thou hadst never been tempted to bestow thy labour in perusing this answer unto that inconsiderate , malicious , and indeed self-confuting pamphlet , written by musgrave ; for sir a. h. inhibited the publication hereof , resolving to let shemei curse and rail , as presuming that the lord might send even a messenger of satan to do him good , and that he would have rebuked him in the hearts and consciences of all his readers : but upon the perusal of another answer to the said musgrave , printed at newcastle , and sent unto london , sir a. h. being altogether ignorant thereof , and unconsulted therein , and several things respecting matter of fact in answer to musgraves articles against sir arthur therein specified not so satisfying , it was thought convenient to call out of its adjudged darkness , and to expose it unto the publique view . farewell . finis . notes, typically marginal, from the original text notes for div a e- * for so it appears . notes for div a e- job . . nevves from the narrovv seas being a certain relation of a mighty and fearfull fight in those seas upon the coast of frizeland : between a navy of danes of a hundred sayle under the command of the grave van erfurt d., em. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) nevves from the narrovv seas being a certain relation of a mighty and fearfull fight in those seas upon the coast of frizeland : between a navy of danes of a hundred sayle under the command of the grave van erfurt d., em. p. printed for francis wright, london : . signed at end: em. d. reproduction of original in thomason collection, british library. eng tromp, maarten harpertsz., - . england and wales. -- royal navy. netherlands. a r (wing d ). civilwar no nevves from the narrovv seas, being a certain relation of a mighty and fearfull fight in those seas, upon the coast of frizeland; between a em. d b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion nevves from the narrovv seas , being a certain relation of a mighty and fearfull fight in those seas , upon the coast of frizeland , between a navy of danes of a hundred sayle , under the command of the grave van erfurt , the danish admirall , and mine here van trump , admirall to the states of the united provinces . wherein the said van trump obtained a glorious victory by the utter overthrow of the danish navy , which was ( as is probably supposed ) intended for england to assist his majesty against the parliament . the battell hapning on tuesday last , the first of november , old stile . the relation of it was sent over from amsterdam in a letter by a merchant of good quality to a gentleman in this city , and by him published . london , printed for francis wright . , worthy sir , according to the mutuall correspondence long time held betweene us , understanding by your last expresse of the . of october , the old stile of the affairs of england , i found my selfe ingag'd to make you a retribution by acquainting you with the last passages here ; i believe it is not unknowne to you that there has beene open hostility between the king of denmarke and the state , which yet continuing in full heat and violence ; all the discourse for some weeks past here , has beene of a strange and new appointed navie , which the said king has beene all this last summer a rigging in all the considerable ports of the balticke , for what end we certainly could not understand ; the best intelligence from thence , giving information , that it was bound for england , procur'd hither by the solicitation of the malignant party there to assist his majesty against the parliament , others affirming , and probably , enough , that it was to infest the netherlandish coasts and to make some attempts upon hilford sluce , the brill , or some other part of zeland , being assisted by another fleet of our old and implacable enemies , the dunkirks , whithersoever it was bound , or for what purpose rais'd , i can not determine , but certaine it is , that about saint lukes tide last , according to the english account , there arrived out of the same into copenhagen , neere an hundred able ships , part lubeckers , part stoud merchants , and the rest danes , which taking in there some twelve or fourteene thousand landsouldiers , besides abundance of amunition , even to supefluity ; under the comand of the duke of holstein ; and then joyn'd with the grave van erfurt a germane , the admirall of denmark and his fleet of twenty ships ; they put to sea that weeke , keeping along the coast , the state here having daily avisoes from sea of their proceedings , and by their consant and continuall wrestling with military dangers , inur'd to a care of their safeties , they sent an expresse to that famous van trump their admirall ( being with his fleet of threescore saile of good and valiant ships not farre from the coast zeland ) to intimate the approaching of the danish armado , charging him to wait diligently on those unwelcome guests , and so to watch their movings ; that if he saw occasion , hee might bid them to a bloody entertainment ; for whatsoever were their pretentons , or whithersoever they were bound . it was cause and quarrell enough to give him battell , being profest enemies to that state . van trump having received that charge quickly hoys'd his sailes , and with a cheerfull and pleasant gale of wind , did run along the coasts of zeland , holland and f●●zl●nd , being as farre as the states clame any jurisdiction in those seas , without having any notice of this talk'd-of navie , till the eve before the battell , which was on munday the last of october old style he had notice by a light catch , that scouted out to sea ward , that there was a mighty and stupendious fleet to the number of at least sixscore bottomes , bearing to sea-ward from the coast of humburg , and that in all probability , if he would make out to sea , he might encounter them ere morning ; ven trump exceedingly joyfull at this tiding unamaz'd at the number of their fleet , made toward them , by the directions of that catch , but the wind at evening being something scant , and not sufficient to trim the sailes of his greater ships , his admirall and some other of his fleet , being vessells of twelve hundred and a thousand tun was forc'd to laver about , till in the night the wind comming about , and blowing a stiffe gale in his sterne , he spoond before the waves , and by that it was cleare day light , ours had a view of the danish armado , who fail'd on , as if they had notice , intended to fall over for the north coast of england , then to trouble the coast of holland . but on the descriall of our fleet , without delay they prepar'd for fight , their admirall erfurt dividing his navy into three squadrons , two wings himselfe in the midle with his musters royall ships , making as it were the body of his battell . van trumpe came on almost in the selfe same forme , onely his wings keepe closer to the maine of his armado , and so with fearfull shouts on both sides , the danes as is their custome , drinking large carrowces to make them more couragious , they sent loud messages of death to each other , by those fatall imbassadors , their great ordnance , the constables of our ships being far more experienc't markesmen than the danish gunners , none of those fire-bals were sent in raigne , but went either through and through the sides of their vessels , or light upon their masts , splitting them , and shearing asunder their tacklings , our light and nimble ships turning dexterously about , saluteng them with two broad sides and sinking some six of the right wing , the rest shockt up to their admirall . who was not unmindfull neither of his honour , nor to invade our navy , upon which he sent out not in vaine , his great artillery , which seemed to change the sea into a flame , at last finding our ordnance from our vice admirall hans hiem the son of that peere hiem that tooke in the spanish plate-fleete in the iames . to gall him shrowdly twixt his decks , trusting to the multitude of his men , they being now within halfe musket shot he ran his sword with much violence upon his sterne , and grapling after a turne or two , his ship to that of hans hiem , he laid him abord with some kindred of his resolutest souldiers . when suddainly the murderers from the great cabbine going off , and fire being given to the traine under the false decks , up flew those danes into the ayre dismembred , and others by the admirall being clapt on in their roomes , were with the murderers from the cooke-roome straight cleared the decks , and sent those danes to drinke an everlasting health with their companions . the admirall perceiving that there was likelyhood of taking that strait ship , deserted her , and tooke about to the ayd of his right wing , which under the command of the duke of holstein was undertaken by van trump himselfe , who like a right neptune , as if he only would be lord of those waters , bestirs himselfe among the danes , powring into their bosomes showres of lead like hailestones , and throwing over pots of wilde fire and hard granado's into their quarters and tacklings . you might have in an instant seen as it were a fiery contention for priority between those two opposite elements , fire and water , the burning ships , as it were striving to set fire upon the roomes : which in scorne to be vanquished in their proper dwellings , as the vessels should have suffered a double death , insinuated into their holds , and sinking them extinguished the audacious flames ; the same ships at one instant ( strange yet true ) being burned and drowned , van trumpe boarding the duke of holstein , was twice repulsed , rather by multitude then valour ; those bacon-eating danes wishing themselves at home againe carowsing strong waters ; on the sudden , were sent to their long home , where they had plenty of liquor ; destiny seeming to be courteous to them in affourding them plenty of that in their deaths which they had so doted on in their lives . hans hiem with the rere-admirall and his squadron , in the interim falling in upon erfurts left wing , which consisted of lubecke mariners , they instantly cryed out for quarter , yeelding themselves without striking one stroake , with their sluggish ships , to the number of six and thirty , a large thirst of the fleet ; with which cowardly treachery of theirs , erfurt amazed and discouraged would have provided for his safety by fight ; but he was as well surrounded with enemies as waves , and therefore impossibilitated of his purpose , like a valiant souldier resolves to fight it out , and set his life at as deare rate as possible , rather , then betray the trust reposed in him by his king , by betraying the ships royall into the hands of his enemies , cheerfully therefore and suddenly hee made upon van trump charging his ordnance great and small ; you might have seen there all the horrours incident to mortality , men leaping there from one to another , death , fire , water , and sword , and all the elements and engines of destruction contriving their ruine . at last , by the singular skill and directions of van trump , and the valour of hiem and others , most of the fleet that before threatened the seas was sunk or taken . the duke of holstein seeing us goe to wracke , as hiem informed , being in a good and strong ship , valiantly cut his passage through our fleet , and escaped old erfurt , after he and his souldiers had shewed as much valour as ever was expressed , that nation beholding his ship boarded , on all sides ready to be taken , and himselfe led into captivity , more desperately then christianly getting downe into the gun-roome , gave fire to those vessels of powder which were there ; he blew himselfe , souldiers and enemies that were then aboard , with his ship into pieces ; that old commander like aiax , disdaining that any should conquer him but himselfe ; after which the rest of the ships crying out for quarter , were received into the possession of van trump , who now had a competent victory . of all that great fleet not one escaped that i can heare of but the duke of holstein , there being thirty sixe sunke and torne a pieces in the fight , and some sixty taken and made prize of , we having not lost above three ships , and those not very considerable , and not above three hundred men , they foure thousand , there being of mariners and souldiers betweene sixe and seven thousand prisoners . this is the true relation of that great and fearefull battell , then which has not been fought a more considerable one to this state . the king of denmarke by this meanes being deprived of all his maritime forces ; and if they were intended for england , they were happily diverted thence : where sir i wish you a sudden and happy tranquility , and rest , your humble servant , and true friend , em. d. amsterdam this present wednsday , the . of novemb. stylo novo . i could have written you other occurrences , but the post being ready to goe aboard , i had enough to doe to noticifie this to you , which is a certaine truth . farwell . finis . several instances of the wrongs and oppressions by q's and r's, suffered by the sailers of the english navy from the beginning of the late war most humbly presented to the fountain of justice, the parliament of england. byrne, gerrald. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) several instances of the wrongs and oppressions by q's and r's, suffered by the sailers of the english navy from the beginning of the late war most humbly presented to the fountain of justice, the parliament of england. byrne, gerrald. [ ] p. printed by g. croom ..., london : . caption title. signed at end: gerrald byrne, a lover of the king and country. imprint from colophon. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- pay, allowances, etc. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion several instances of the wrongs and oppressions by q's and r's , suffered by the sailers of the english navy , from the beginning of the late war : most humbly presented to the fountain of justice , the parliament of england . it is the misfortune of the poor sailers of the english-navy , to have few or no friends to take their part , or represent their grievances to the parliament , in order to have them redress'd : justice indeed carries an equal ballance , but both the scales hang over the earth , without any respect to the sea. tho' our sailers are as true to their country as the needle of their compass is to the course they steer , as faithful as the steel to the loadstone ; yet are they little minded by those in whose power it is to do them justice , as if their generation were monstrous , because their lives are amphibious ; are born on the land , and do service on the water , yet have common justice on neither : they are english-men but till they are or years of age , then arrived to the ne plus ultra of their liberty , their freedom being in perpetual danger , liable to be invaded by every press-master ; and those which were born to the rights and immunities of an english-man , has all his property knock'd on the head at once , and hawl'd away and constrain'd on board ship , an honourable sort of vassalage . thus wives have their husbands torn from their arms , mothers the only hopes of their families forc'd into confinement more durable and uneasy than that of their wombs , fathers and sons imprisoned in one wooden goal . but were this all , the bondage would seem more easy ; the mariners never think their service to their country too much , they plough the wide ocean , contend with the raging billows of the deep ; and with a bravery peculier to the sons of the sea , meet and fight their enemy with a wonderful contentment and alacrity , in defence of their country , and those rights and privileges of which they have so small a share . indeed their country has not been backward in making a generous allowance suitable to the bravery of men engag'd in such dangerous enterprizes ; but their ill stars have laid them under such dismal circumstances , under such a monstrous and unparallel'd conduct , that in the midst of the plenty provided for them , they have been in the greatest wants . it is commonly observ'd in dealings amongst mankind , that the service of labourers require present mony , and the laws of the realm have a great respect to the wages of servants , allowing them to be first paid , even before bonds , or any previous obligations of a contrary nature : but some wou'd have every sailer an exlex , and would make us believe that the same decorum of justice is not to be us'd in states and governments , as is practised amongst men of inferior ranks and qualities : however , as the debts to the sailers are national , it ought to be a national concern ; and grievances of this kind being un-redress'd , may procure a national judgment . that the q's and r's upon the navy-books , are a common grievance to the poor widows of sailers , and their attorneys , will loudly justifie to their great grief and loss . the r , upon the navy-books is an immovable letter , very significant of injustice , and serves there as a period in other books , putting a full stop to the sailors pay ; and tho' the person that sets the permanent r , may be but a cypher himself in the account of justice and true worth , yet his letter r , is productive of vast sums of mony , into the pocket of some body or other , to the ruin of the seamen . this r , in navy language or character ( which you please ) signifies run , and this run is of different meaning and signification too , it is crambo'd and tortur'd most damnably , forc'd to express the meaning of any thing the commanders of the navy please . if a poor man be set sick a shoar , so that he cannot get a board his ship before she sails , then he is made run upon the books : if he be a shoar by the captain 's order about the ship 's business , and some orders from above force the ship out of harbour before he can get a board , the ship runs away from him , and he from the ship at the same time ; if he go immediately on board another ship , yet he is run still . the immovable r , of the navy , is as fixt as the law of the medes and persians . if he make interest at the admiralty to get the r taken off , ( for 't is in the power of those men you know to do mighty wonders ) why then his petition comes out with this pretty device at the bottom , read the th of february refus'd , j. burchett . but farther to discover the meaning of this significant letter r , i shall give an account how it is apply'd to the poor sailers upon the navy-books . i. such as never design'd to desert the service , but being return'd from long voyages , and their ships being either in port or dock , have adventured to visit their friends , in order to provide themselves with apparel and other necessaries , and perhaps have met with press-gangs belonging to other ships , and forc'd on board ; this has been esteemed by the navy a desertion , and they have made such sailers run , upon their books . ii. those that have been turn'd over from one ship to another , and after having serv'd some time in the latter , their tickets for their service in the former ships have been deliver'd them , and after having serv'd on board several other ships , perhaps two or three years after being set sick a shoar , the first tickets with the rest , have been made quaeri'd or run , and their wages forfeited . now , that such practices as these are contrary to all the law , justice and reason in the world , is demonstrable . i. such as have their tickets given them , are suppos'd to be guilty of no crime at that juncture ; and such tickets are and have been esteemed as the king's bonds and bills of exchange , and were formerly paid upon sight . now , it is very hard , that a sailer transgressing in one ship , should become so guilty , as by that crime to forfeit all his wages in former ships : so that good service and bad , according to navy justice , are a like punishable . ii. many well-affected people to his majesty's service , and out of charity to their distressed neighbours , have supplied many sailers with mony , to the full value of their tickets , and when they come to the navy to be paid , receive nothing but an r for their mony. iii. the quaerying and running of such tickets , have abominably lessen'd the credit of the navy in respect of wages , and made the most glorious navy in the world , the most scandalous by such barbarous abuses , insomuch that tickets formerly sold at s. d. per pound , are now sold for seven , eight , ten and twelve shillings loss . the next thing to be consider'd is the letter q. upon the navy books , which stands there as near injustice , as it does to the letter r in the alphabet . this q is generally put upon such as are set sick a shoar . and then the poor sailer is to quaery for justice , which he may do till he is blind , and never find it . that this practice is barbarous and inhuman , is very evident . i. it sinks the labourers hire into private pockets , deprives distressed families of their bread , purchased by the hazard of human life , and brings unnecessary charge upon parishes . ii. this q is a new letter in the navy books , quaeries being never heard of till the year . before which time , every man set sick a shoar had his wages paid him , and was discharged from the service . iii. the great sickness which at and since that time happen'd in the fleet , was the foundation of these quaeries ; a very hard case , that a sailer must lose his money because he has lost his health in the service ; must have bad pay , because he has been poyson'd with bad provisions . iv. many , if not most of those , who have been set sick a shoar , have thought themselves discharg'd , according to former custom , being altogether ignorant of the new practice of the navy . v. many that have been long voyages , and sick for many months together , seeing the major part of the ships crew bury'd , have been thereby deshearten'd to go a board ship again , diseases being more dreadful to sailers than battle or storm . vi. nor can it be rationally expected , that such as have contracted indispositions and distempers , by unwholsom provisions , or a contagious air , should ( after a month's refreshment in sick quarters , or labouring or months under their maladies in an hospital ) be fit to return aboard ship , or be capable of doing his majesty service ; but the contrary is evident , by the vast numbers that died soon after their return on board , as well as those that were set sick a shoar . and wou'd it not now be just to pay such men their wages ? wou'd it not be for the honour of his majesty , for the reputation and credit of the navy to consider their cases and pay the debts due from the nation to such ? . as have been set sick on shoar since the conclusion of the peace . . to the executors and attorneys of such as died in sick quarters , hospitals or hospital ships . . to such as after recovery entred on board any of his majesty's ships . . to such as have been wounded or hurt , and receiv'd pensions , or smart-money for the same . . to such as continued six months , or upwards , in sick quarters or hospitals , or have been discharged from thence as incurable . . to such as the captains of ships have discharged by tickets , as unserviceable , as being either sick , lame or blind , &c. this usage of free born englishmen , might move compassion in any but in those whose business it is to cheat them , and raise their own fortunes out of their ruins . this indeed is a miserable scene of humane cruelty , unknown to the heathen nations , and yet practised in a christian country , built on the pillars of good and wholsom laws , and under a government for no other reason that i know , but on purpose to destroy such arbitrary proceedings , and to dispense common justice to all men. there is little more difference betwixt a gally slave and an english sailer , than that one serves in expectation of pay , and the other without it ; yet one is sometimes as well paid as the other . this barbarous usage of mariners , have made them instead of deserting our ships of war , and taking merchants service , forsake their country , and sailwith foreigners , in hopes of better justice and usage abroad than they have met with at home . this barbarous usage has made many thousands of them turn pirates during the last war ; and those that turn free-booters are generally the flower and youth of the seamen , so that in time our ships shall be man'd only with decrepit old age , and the refuse of the sea , to the weakening of the nation and government ; for every sailer lost is a stone taken out of our national walls , which suffering such continual dilapidations , will at last tumble down , and leave us exposed to the insults of any invader . and after all , pray what is become of the money that was ordered to pay the seamen , upon whom the r's and q's have been put ? if it remains still in the king's hands , there is yet some hopes of relief left to the miserable sailers ; but if it be otherwise disposed of , their disease seems incurable . when we look into the pay-office and see there some clerks at l. per annum purchasing estates , others turning merchants , and employing vast sums of money in trade , we may give a shrewd guess what is become of the poor sailers money . and how shall their creditors be paid ? how shall their widows and numerous fatherless children be provided for ? will not the charge to the several parishes , upon this account , be heavier upon the subject than the taxes during the war. dwelling so long upon the r's , and q's , which to me appear like figures in sorcery ; for the projectors of their meaning in navy dialect have plac'd them backwards , as witches say their prayers : i had almost forgot the injuries daily committed to those sailers who have chearfully registred themselves , to be the more ready upon all occasions to serve their country , the parliament has settled on every one of them forty shillings a year for their encouragement ; and last year the officers of that registry have receiv'd l. to pay off those tickets , out of which they have only distributed l. and refuse to pay one farthing more , pretending they have not money , so that forty five thousand pounds is sunk unaccountably into some bodies pocket . all these things are worthy the consideration of our representatives in parliament , who are the only persons can redress grievances of this nature . now for some short account of the register-office and conclude ; there were mighty things promis'd from this office , and truly had it been well founded and managed , it might have been of very good service to the nation ; for 't is more then time , some measures should have been taken to retrieve our sinking navy ; but this being contriv'd and govern'd by the projectors , who seem rather by their carriage to ruin or drive all the seamen out of the kingdom , than to encourage and keep them here , has had the contrary effect expected by parliament , that made a large provision for this office , and made a calculation of seamen to be registred , now of these there is about thousand registred , which most of them registred themselves a-board of ship before the conclusion of the peace , being chiefly threatn'd and compel'd to it ; but since the peace there have been a very inconsiderable number have registred , and one may believe now the register-office may sit down contented , and save the charge it puts the kingdom to for any more men of any sort that will register themselves . but now to shew what may be depended upon from those already registred , half of them are officers who are forc'd to do it , or otherwise lose their employments ; but as they have not the s. a year , provided for every seaman by the act , so they are not oblig'd to surrender themselves to the service , but they were only compell'd to register themselves , not for any use they were that way to the kingdom , but for encouragement to the seamen , or to wheedle them to follow their example . a moiety of this remaining are land men or wretched creatures taken or prest into the service , more to make up the complement , and rather pester a ship , when seamen could not be got : above half the remainder , which we will suppose to be seamen , are at sea in merchants service on foreign voyages , the act obliging none to stay at home to wait a call ; so that in fine , by a modest calculation , the nation in the utmost exigency cannot rely upon the register-office for two thousand able seamen of the which was expected in six months time : but to give some particulars how this office is a discouragement , or rather an oppression in many respects to seamen than an encouragement , as was promis'd to the parliament when 't was establish'd by law , at a great charge to the nation . i. the seaman that registred himself was promis'd by the act , s. per annum , which is a great deal in a poor seaman's pocket , and estimates given every session to the parliament yearly of this particular charge , and if i mistake not , fonds rais'd and receiv'd for this use : now the seamen have never receiv'd a farthing of this ; but on the contrary , the seaman is glad to sell his register ticket for s. in the pound , which every body will not give , for to my knowledge , people that have made enquiry at the register-office how , and when these tickets would be paid , 't was answer'd , 't was not yet determin'd , nor did they believe ever would ; an excellent encouragement to seamen ; but to help out the matter , here is a tax levy'd upon every seaman in england of pence per mensem , toward the support of this establishment , which i never heard any seaman the better for : again , the act says , the king's ships shall be man'd with registred seamen ; they to have the preference , and out of them only are the inferiour officers to be made ; now several captains have been put to a plaguy puzzle on this account , for by reason of the discouragements before mentioned , very few good seamen have registred themselves , so that a captain cannot find enough , or sufficient out of his registred men to make officers of . there might be a great deal more said of the ill usage of these poor creatures ; but to avoid prolixity i shall omit it now , and humbly hope this already said , may be worth the consideration of the supreme judicature ; it being design'd to no other end , than that in doing justice , and shewing mercy to these poor people , it may at last turn to be of the greatest service to the nation . gerrald byrne , a lover of the king and country . london . printed by g. croom , at the blew-ball over against bridewel near fleet-bridge , . price d. some queries concerning the election of members for the ensuing parliament l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some queries concerning the election of members for the ensuing parliament l'estrange, roger, sir, - . harrington, james, - . p. [s.n.], london printed : mdcxc [ ] this has been generally attributed to james harrington who wrote a reply to it and published it as pt. with l'estrange's work.--halkett and laing, vol. , p. . reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion some queries concerning the election of members for the ensuing parliament . london , printed in the year mdcxc . some queries concerning the election of members of the ensuing parliament . . whether the king hath not lately by actions , as well as promises , declar'd himself for the interest of the church of england ; and whether those republicans , who have always made it their business to libel kings , can more effectually abuse his present majesty , than in traducing him as their friend , and in using , as heretofore , a kings name against his design and interest ? . whether those are true to the interest of that church , who endeavour'd in the last session to incapacitate some of the best members of it ; and who were so far from granting that amnesty which the king desir'd and propos'd , that they carried their fury back to more than one preceeding reign , and set aside all acts of indemnity , but that , which most of them need , in the year ? . whether since the dissenters do not now desire a toleration for themselves , which we have already granted , but openly threaten and pursue their revenge on us , it is not necessary that these apparent dangers , at least , should awaken us out of our lethargy ; and whether the negligence of the church of england , which on like occasions heretofore , was thought the result of pity and good nature , would not now be esteem'd the effect of cowardize and stupidity ? . whether those gentlemen of the sword , who have offices in ireland , would not be better imploy'd in a council of war than a senate-house ? whether , if they think it convenient , it would not be proper for them to make one visit to the remains of their regiments there , and to contribute by some other means to the reducing that kingdom , than by giving taxes ? . whether those restless phanaticks , who have been bred up in rebellion , and have always since been active promoters of sedition , ought not in conscience to desist now , and to be contented with the single glory of having once ruin'd this kingdom ? . whether those worthy gentlemen have been justly expos'd , in a late impudent pamphlet , that were more hasty for sending a speedy relief into ireland , than for changing the right of succession in an hereditary kingdom ; and whether they may not possibly deserve a place again in the house , though they thought it more expedient for this nation to beat k. iames out of that one kingdom , than to vote his daughter out of three ? . whether the king be not now sensible , that most of those hasty abdicators did not change the succession out of kindness to him , but out of a farther design of bringing in a commonwealth , or , in other words , of making this an elective , and precarious monarchy ? . whether the temper of those excellent members deserves censure , who have promoted a general pardon , and in that an universal quiet and satisfaction ; and who were not very active in suspending the bishops , unwhipping oats , and in excepting every body out of the no-act of indemnity ? . whether any man can justly stand recommended to your choice by no other advantages than those of an old treason , and a long exile for it ? and whether one may reasonably be thought to have improv'd his crime into vertue , and to become a patriot of his country , by being outlaw'd into holland ? . whether such men as these may not possibly be factors for geneva and amsterdam , and more mindful of their late fellow-burgers than their old countrymen ; and whether their frequent protestation , that they are true englishmen , would not convince the greatest sceptick , ( if he understands their veracity , ) that they are not so . . whether our good brethren the dutch , according to their usual kindness , would not , in all probability , have forborn to arrest us for their debt , till the conquest of ireland had put us in a capacity of repaying them ; and whether those men , who in the absence of most of the members , gave l. to the dutch , did not more consider their own good will to the creditors , than our ability . . whether it was not a strange instance of justice , in a knight of the shire , to move for a new assessment of his own county ; and whether if the county do not choose him again . they will not demonstratively shew , that they have more kindness for their money than their representative ? . whether there ever was a better parliament in general , than that of k. iames the second , and whether any body would approve the re-election of those worthy members , who do not wish for a new monmouth , and another argyle ? . whether many honest gentlemen , of nice principles , did not desist from standing at the last election , as having raised more scruples to themselves than they could easily answer ; and therefore not hoping to untie the gordian knot , put it for once into the hands of those men who could effectually cut it . and whether now these gentlemen will not be concern'd to redeem their neglect , and the more diligently to avert the blow , by how much the less careful they were to prevent the stroke . . whether the clergy of the c. of e. are not concern'd to be as diligent against phanaticism now , as of late against popery ; at least , such of them as have a greater respect for pulpits and chappels , than for tubs and barns ? . whether if those men who were incapacitated for procuring or consenting to surrenders , shall again vote for their judges , they will not give a signal instance of their forgiving humour , and shew to the world , that they have a great share of good nature , though perhaps not an equal portion of sense ? . whether it would not be heroick for all those publick-spirited gentlemen , to take up mr. s — 's resolution of never standing again till they can be chosen by honest regulators only ? . whether the incapacitating clause was not brought into the house by mr. sach — and whether the following list be not a true account of those that seconded him in it ? be it enacted by the authority aforesaid , that every mayor , recorder , alderman , steward , sheriff , common-council-man , town-clerk , magistrate , or officer ; who did take upon him to consent to , or joyn in , any such surrender , or instrument purporting such surrender as aforesaid . or did solicit , procure , prosecute , or did pay or contribute to the charge of prosecuting any scire facias , quo warranto , or information in the nature of quo warrauto , by this act declared void , shall be , and is declared , adjudged , and enacted to be for the space of seven years uncapable , and disabled to all intents and purposes , to bear , or execute any office , imployment , or place of trust , as a member of such respective body corporate , or in or for such respective city , town , burg or cinque-port , whereof , or wherein he was a member , at , or before the time of making such surrender , or instrument purporting such surrender , or the suing out , or prosecuting such scire facias , quo warranto , or information in nature of quo warranto , any thing in this act contained , or any other case , statute , or any ordinance , charter , custom , or any thing to the contrary in any wise notwithstanding . the honourable edward russel , esq . william duncombe , esq . sir henry winchcombe , baronet . henry powle , esq . sir algernoon may , knight . sir william rich , baronet . sir henry fane , knight of the bath . thomas tipping , esq . the hon. thomas wharton , esq . sir thomas lee , baronet . thomas lewes , esq . william iephson , esq . sir william drake , knight . richard hampden , esq . iohn hampden , esq . isaac newton , magist. art. sir robert cotton , knight and bar. iohn maynwaring , esq . roger whitley , esq . hugh boscawen , esq . william harbord , esq . edward russel , esq . sir henry ashurst , knight . anthony rowe , esq . hugh fortescue , esq . robert harly , esq . sir peter colleton , bar. ionathan prideaux , esq . sir iohn lowther of whitehaven , bar. sir henry capell , knight . sir philip gell , bar. the honourable anchitell gray , esq . sir george treby , knight . the honourable robert russel , esq . sir francis drake , bar. sir walter younge , bar. thomas reynell , esq . iohn elwell , esq . samuel foote , esq . henry trenchard , esq . thomas trenchard , esq . iohn burridge , esq . sir iohn morton , bar. iohn manly , senior , esq . sir matthew andrews , knight . henry mildmay , esq . isaac rebow , esq . sir thomas middleton , knight . sir iohn guise , bar. sir ralph dutton , bar. sir duncombe colechester , knight . thomas master , esq . iohn how , esq . richard dowdeswell , esq . sir edward harly , knight of the b. paul foley , esq . iohn dutton colt , esq . iohn birch , esq . sir thomas pope blount , bar. sir charles caesar , knight . sir william cowper , bar. sir thomas byde , knight . the honourable sidney wortley , alias mountague , esq . the hon. sir vere fane , kt of the bath . sir iohn knatchbull , bar. sir william honywood , bar. henry lee , esq . sir tho. taylor , bar. charles lord brandon gerrard . the hon. richard lord colchester . bennet lord sharard . thomas babington , esq . sir edward hussey , knight . sir william yorke , knight . sir iohn brownlowe , bar. sir william ellis , bar. the hon. philip howard , esq . sir patience ward , knight . sir robert clayton , knight . sir thomas pilkington , knight . sir william ashurst , knight . sir henry hobart , knight . george england , esq . iohn trenchard , esq . serjeant at law. the hon. sir robert howard , knight . sir thomas samuel , knight . sir william langham , knight . sir francis blake , knight . sir scroop how , knight . sir iohn cope , bar. sir thomas lytleton , bar. edward gorges , esq . the r. hon. charles marq. of winton . the hon. william lord pawlett . francis morley , esq . fitton gerrard , esq . henry wallap , esq . the honourable iames russel , esq . sir michael biddulph , bar. philip foley , esq . henry boyle , esq . sir philip skippon , knight . sir robert rich , knight and bar. sir iohn duke , bar. sir richard ounslow , bar. george evelyn , esq . iohn arnold , esq . thomas howard , esq . foot onslow , merchant . sir iohn thompson , bar. denzill onslow , esq . sir iohn pelham , bar. iohn machell , esq . iohn lewkener , esq . sir iohn fagge , bar. william garway , esq . sir richard new digate , bar. sir thomas mompession , knight : thomas pitts , esq . sir charles rawleigh , knight . morice bocland , esq . sir william pinsent , bar. charles godfry , esq . thomas freke , esq . iohn wildman , senior , esq . — hawles , esq . iohn wildman , junior , esq . sir iames rushout , bar. thomas foley , esq . william bremley , esq . iohn somers , esq . richard lord coote . henry herbert , esq . edward tompson , alderman . william stockdale , esq . sir william strickland , bar. william palmes , esq . sir michael wharton , knight . barons of the cinque-ports . richard austen , esq . iames chadwick , esq . iulius deeds , esq . tho. pappillon , esq . sir iames oxinden , knight and bar. wales . sir william williams , knight and bar. bussy mansell , esq . sir rowland gwynn , knight . finis . notes, typically marginal, from the original text notes for div a -e see a list of those that were for the regency . lond. i do not mean sir r. nudigate , nor sir r. cotton of cheshire . qu. whether mr. sacheverell . the lord andevers two speeches the one concerning the pacification the th of march, the other the starre-chamber. berkshire, charles howard, earl of, ca. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lord andevers two speeches the one concerning the pacification the th of march, the other the starre-chamber. berkshire, charles howard, earl of, ca. - . [ ], p. s.n.], [london : . place of publication from wing. reproduction of original in huntington library. eng england and wales. -- court of star chamber. great britain -- history -- charles i, - . a r (wing b ). civilwar no the lord andevers two speeches: the one concerning the pacification the th. of march. the other the starre-chamber. berkshire, charles howard, earl of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lord andevers two speeches . the one concerning the pacification the th . of march . the other the starre-chamber . printed , anno dom. . the lord andevers speech the . of march . . my lords , i did lately move your lordships that the breach of the pacification might be speedily reviewed as the unum necessarium ; and truly my opinion at that time is yet nothing altered , although upon better thoughts ( me thinkes ) it would first be known who did actually engage us in these fruitlesse dissensions , and so derive the mischiefe from some originall . for my lords , the kingdome cannot now long stand at gaze or undergoe new burthens . wherefore what is to be done ( if you intend it should prosper ) must presently receive life from the whole people , otherwise wee shall expire in a dreame ; and when the successe differs from expectation , it is not enough to cry , quod non putaram . my lords , the wise-man saies , there is a proper season for all things under the sun , and we often find the experiment in naturall bodies , which are voluntarily weakened , to recover strength , yet with a restriction to such bounds , and limits , as the physitian prescribes himselfe , and truly , i thinke it is your lordships case at this point , either to consider what should further be done then is already , or else how to get out of those labyrinths we now are in , lest the words of the psalmist come home to our selves vendidisti populum sine pretio . my lords , i am confident the house of commons doth throughly see ▪ both into the prejudice , & vast expence that these . armies lay upon the land , and undoubtedly so many . gentlemen of worth , as sit there , will have tender eyes upon the common-weale . it will therefore become your lordships to second them in your way , and whilst they apply to publique wounds ; the care of this house may search the intestines , for if they be not clensed , it will be but a superficiall cure , and breake out againe . my lords , it seemes the earle of strafford , and the archbishop of cant. have gone the high wayes of iniquity , and every one knowes how to trace them , but mines under ground are most considerable , which ( unlesse they be likewise found out ) may at any time spring and supprant the whole fabrick of all our labours . let us then examine this fantastick warre ab initio ; lest , as the duke of burgundy made a few sheepskins ye cause of his quarrell , so we shall find those few sheets of paper , sent under the name of a liturgy , and booke of canons , were but the mopsas of the story to divert our eyes from the maine designe . therfore my humble motion shall be for a selected committee of no great number , who may have power from the house to begin ab origine mali , revise every mans negotiations , who was either an actor or counsellor since the first appearance of those troubles in scotland , and that they may examine the scottish counsell upon such articles , as the heavy pressure of this kingdome shall upon common fame administer unto them . finis . the lord andevers speech concerning the starre-chamber . my lords , since your lordships have already looked so farre into the priviledges of peeres , as to make a strict inquisition upon forraine honours , let us not destroy that amongst our selves , which we desire to preserve from strangers . and if this grievance i shall move againe have slept till now , it is very considerable , lest custome make it every day more apparent then other . your lordships very well know there was a statute framed the . h. . authorising the chancellour , treasurer , privy seale , and the . chiefe iustices , calling to them one bishop , and a temporall lord of the kings counsell to receive complaints upon bill or information , and cite such parties to appeare as stand accused of any misdemeanors , and this was the infancie of the starchamber . but afterwards cardinall wolsey . . hen. . raised it to mans estate , from whence ( being now altogether unlimited ) 't is growne a monster , and will hourely produce worse effects , unlesse it be reduced by that hand which layd the foundation , for the statures that are ratified by parliament admit of no other remedy then an appeale . therefore i humbly offer unto your lordships these ensning seasons why it should be repealed , first that the very words of the . stature cleerely shew it was a needlesse in●●itution , for it sayes , they who are to judge can proceed with no delinquent , otherwise the if he were convict of the same crime by due processe of law , and doe your lordships hold this a rationall court that sends us to the law and calls us backe from it againe ? secondly , divers judicatories confound one another , & in pessima republica plurimae leges , this . reason is from circumstance , or rather a consuitudine , and of this there are many examples , both domestike and forreigne , but more particularly by the parliaments of france abbreviated into a standing committee by philip the long , and continued according to his intention untill lewis the . came unto the crownewho being a subtill prince burned the volume in , the epitome , for to this day when ever the . estates are called , either at the death of the old king , or to crowne the new , it is a common proverbe , allons voire gen des estates . my lords , arbitrary judgments destroy the cōmon lawes , and in the . great charters of the kingdome , which being once lost , we have nothing else left but the name of libertie . the last reason is ( though it was the first cause of my standing up ) the great eclipse that it hath ever beene to the whole nobility , for who are so frequently vexed there as peeres and noblemen , and notwithstanding their appeale to this assembly is ever good , whilest the famous law of . ed. . remaines in force for the holding of a parliament once a yeare , or more often , if occasion require , yet who durst a yeare agoe mention such a statute without incurring the danger of mr. kilverts prosecution ? therefore shall humbly move your lordships , that a select committes of a few may be named to consider of the act of parliament it selfe , and if they shall thinke it of as great prejudice as doe , that then the house of commons in the usuall manner may be made acquainted with it either by bill or conference , who may happily also thinke it a burthen to the subject , and so when the whole body of parliament shall joyne in one supplication , i am confident his majestie vvill desire that nothing should remaine in force vvhich his people doe not vvillingly obey . fjnis . the armies letanie, imploring the blessing of god on the present proceedings of the armie by the author of mercurius melancholicus. author of mercurius melancholicus. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the armies letanie, imploring the blessing of god on the present proceedings of the armie by the author of mercurius melancholicus. author of mercurius melancholicus. crouch, john, fl. - . taylor, john, - . m. p. (martin parker), d. ? hackluyt, john. [ ] p. s.n.], [london : . a ballad in the form of a mock litany stairizing the army and parliament. the principal author of mercurius melancholicus ( - ) was john hackluyt; but rival periodicals with the same name sporadically appeared, one by john crouch, another by martin parker and john taylor. the anti-presbyterian tone of this ballad denies hackluyt's authorsip but is quite suitable to the verse of crouch, parker, or taylor. place of publication from wing. reproduction of original in thomason collection, british library. eng england and wales. -- army -- anecdotes england and wales. -- parliament -- anecdotes political satire, english. a r (wing a ). civilwar no the armies letanie, imploring the blessing of god on the present proceedings of the armie. by the author of mercurius melancholicus. author of mercurius melancholicus b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the armies letanie , imploring the blessing of god on the present proceedings of the armie . by the author of mercurius melancholicus . printed in the yeere . the armies letany . since that no wise man dares to say , put the army if they list they may save us or bring us to decay : therefore let 's pray . from any souldier whose intent is to ore-awe the parliament , and with his pay won't be content . libera nos . from sutlers wives with faces tallow , who with their trulls the army follow , from a commander in chiefe , whose wit is shallow . libera nos . from a souldier that sweares , yet dares not fight , but would plunder london if he might , from meeting a partie late in the night . libera nos . from a trooper that 's mounted on a leane jade , and of cutting throats has learnt the trade ; from digging with a sword instead of a spade . libera nos . frim bed-cord match and priming powder , from hearing the drum speak louder and louder , from him that growes poor , and yet waxeth prouder . libera nos . from underminings and counterminings , from souldiers groanes and womens whinings , from booker and lillies false divinings . libera nos . from morter pieces , and hand granadoes , from blockings up , and barracadoes , from discontented reformadoes . libera nos . from southwark-men , who are but treachours , from countrey fooles , and city lechers , from sheriffs , bailiffs , and counter-catchers , libera nos . from buying of our peace with money , from a false-hearted knave , whose words are honey , from a whores temptations who hath a hot — libera nos . from harunies pamphlets , and his fine stories of asses , mules , and dromedaries , from presbyterian consistories , libera nos . from a buffe-coat blade that needs will preach , from the doctrine the anabaptists teach , from a committee-man , or any such horse-leach , libera nos . from good pretences , and bad intentions , from hopes of plunder , and base inventions , from peters , when his dreames he mentions , libera nos . from being perswaded out of our lives , our coine , goods , children , and our wives , by those who for our ruine strives , libera nos . from a winters plague , and summers warre , from sleeping till we ruin'd are , from those that do delight to jarre , libera nos . from those that now like princes sing , making themselves , but marre the king , from an independent point , and a presbyters sting , libera nos . from laying claime to more then is ours , from riding on the backs of the higher powers , from a brother that laughs and a sister that lowres , libera nos . from an agitator that stormes and frets , and goodly monsters each day begets , from a scotch mist that devillishly wets . libera nos . from the parliaments climactricall yeare , from the sectaries hopes and the cities feare , from being forc'd against our consciences to sweare . libera nos . from * . and * . and those ills we then are like to view , from old errours that are reviv'd anew libera nos . from a begging scholler , or small beere poet , who can scarce write sense yet the world must know it , from him that 's scabby and glories to show it . libera nos . from setling all things by the sword , from those that hate our soveraigne lord let england say with one accord , libera nos domine . that it may please thy omnipotence , father of all excellence , all jarres and strifes to banish hence . quaesumus te . that it may please thee our sir thomas may now at length fulfill his promise in setling the king , who long hath been from us . quaesumus te . that it may please thee the army may consider what a preposterous way it is to impeach thus every day . quaesumus te . that it may please thee to let them see how hard those propositions be were lately showne his majestie . quaesumus te . that it may please thee , they may not rejoyce , nor yet with pride lift up their voice . but to maintaine the truth make choice . quaesumus te . that it may please thee as hitherto they have done , what thou bidst them to do , they the same temper still may show . quaesumus te . that it may please thee , we desire , the citizens may never tire to doe what the army doth require . quaesumus te . that it may please thee , they may invent new waies against the moneyes spent they are to have , more may be lent . quaesumus te . that it may please thee with mild cheare they may bow downe their backs to beare , they will be wiser sure next yeare . quaesumus te . that it may please thee untill then , my lord mayor and the aldermen , may re-inforce their charter agen . quaesumus te . that it may please thee for to blesse the southwarkians with happinesse , for that they gave the army accesse . quaesumus te . that it may please thee all flesh-flies , with l●ke 〈◊〉 beards egregious lies , may be abhorr'd by all that 's wise . quaefumus te . that it may please thee the army may no longer let the tub-men pray extempore , and what they list to say . quaesumus te . that it may please thee they may declare those round-heads , whose deeds are not square , to be amongst them unworthy are . quaesumus te . that it may please thee since 't is in them for to dispose the diadem , with it they charles his browes may hem . quaesumus te . that it may please thee , they may vie with those that would have anarchie , and surely settle monarchie . quaesumus te . that it may please thee , the army knowing to what a height things now are growing , may stop those floods that in are flowing . quaesumus te . that it may please thee to perswade the scot to be contented with his owne lot , for he must lose the footing he got . quaesumus te . that it may please thee , the good the army intend us , in the receiving may not offend , and so at once have birth and end . quaesumus te . that it may please thee the bloods of those who some yeares past their lives did lose , 'twixt us and god mai'nt interpose . quaesumus te . that it may please thee we may thinke on our present dire confusion , caus'd by the devills delusion . quaesumus te . that it may please thee shew the king thy strange and wondrous managing doth make for him in every thing . quaesumus te . that it may please thee the world may see thy justice great and good to bee , and what 's the end of treacherie . quaesumus te . that it may please thee now at last , the king may in his throne be plac't , and those that hate him downe be cast . quaesumus te . that it may please thee to let him be assured that aristocracie will ever cause confederacie . quaesumus te . that it may please thee he so may raigne , and his sonnes when the crowne they gaine , england may ever in peace remaine . quaesumus te . so shall we be as once we were , the almighties love , the nations feare , and then we in each street shall heare benedicamus domino . finis . notes, typically marginal, from the original text notes for div a e- * . * . if the world last so long . a looking-glasse for the parliament. wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, against almighty god. against their king. against the fundamentall lawes of the kingdome. against their own oaths and covenants. argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his king and country. jenkins, david, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a looking-glasse for the parliament. wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, against almighty god. against their king. against the fundamentall lawes of the kingdome. against their own oaths and covenants. argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his king and country. jenkins, david, - . r. h. heath, robert, sir, - , attributed name. [ ], p. s.n.], [london : printed in the eighth yeer of the parliaments tyranny and oppression. . "to the reader" signed: d.i. [i.e. david jenkins]; r.h. [i.e. sir robert heath?]. the words "against .. covenants." are bracketed together on title page, with numbers - running down at the left. variant: title page and part of [a] in another setting, with "agaiust almighty god" and "paliments tyranny". annotation on thomason copy: "feb: " " "; in imprint date crossed out. reproduction of the original in the british library. eng jenkins, david, - -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a looking-glasse for the parliament.: wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, again jenkins, david d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a looking-glasse for the parliament . wherein they may see the face of their unjust , illegall , treasonous and rebellious practices , against almighty god . against their king . against the fundamentall lawes of the kingdome . against their own oaths and covenants . argued betwixt two learned judges , the one remaining an exile beyond the seas , the other a prisoner for his allegiance and fidelity to his king and country . printed in the eighth yeer of the parliaments tyranny and oppression . . to the reader . courteous reader , whosoever thou art , that shalt peruse this insuing discourse , we desire thee to doe it with candor , and without prejudice of opinion ; before thou hast warily read it , seriously consider it , and advisedly weighed it ; and when thou hast so done , if thou shalt approve of it , practice it , if thon doest not , let us receive thy modest reproof in writing , and informe us better by more learned and infallible arguments of the truth in those grounds we have laid down to our selves , and we shall hold our selves much obliged unto thee , and remaine , studious to doe thee good , d. i. r. h. dated feb. . an. d. . a looking glasse for the parliament . ivdge . sir , i must confesse to you , that i doe apprehend that there is a legislative power in the parliament , but i take it to be in sensu conjuncto , not in sensu diviso , in a sense when the king is joyned to both houses of parliament , not when he is divided from them either in his will or person : for neither house by it self , or both houses together have power to make a law to binde the subject without the royall assent ; now the legislative power is nothing else but a power to repeal old lawes , or to make new ones that shall binde the subject : neither can the king by himself repeal any established , or make any law binding to the subject without the preparation or assent of both houses , not joyning with any one house , make a law or ordinance to binde the other , nor repeal any law whatsoever ; and i am very confident , you cannot shew me an authority in our laws to the contaary ; but you will peradventure say , that the king will fully absent himself from both his houses of parliament , and that thereupon his power is inherent in , and devolved to the parliament . if you should make this objection , besides what you will finde hereafter expressed as touching this question , the practice of all times shew the contrary : for as on the one part , if he be personally present with his parl. yet he may be wilfully absent , or absent in his will , as if he answer to any bill promoted to him , le roy s●avisera , or the king will advise upon it , it stands at present for a negation of the bill , and thereby it is made incapable that session to be an act : so on the contrary part , if the king be absent from both houses of parliament in person , hee may be present in his will ; that is , if his person were at york , and both houses sitting at westminster , and they should send him bills to signe which he should accept of , and indorse this upon them ( le roy le veut ) or the king wills , this is an affirmation of those bills , and makes them acts of parliament ; which not only proves that one or both houses by themselves have not legislative power without the king ; ( for as to the making of lawes they have but a preparatory power to frame and present bills for the royall signature and approbation ) but also that if the king bee absent in person from them either willingly or by occasion of necessity , his legislative power is not representatively lodged in , or devolved unto one or both houses of parliament . i will agree with that great lover of parliaments , and learned father of the law , sir edward cooke , in the fourth part of his institutes p. . that a parliament cannot begin or be held but either in the kings person or by representation : by representation two wayes , either by a guardian of england by letters-patents under the great seale , when the king is in remotis out of the realme , or by commission under the great seale to certaine lords of parliament representing the kings person , he being within the realme , by reason of some infirmity ; so that we hereby conclude that the king is not represented in parliament of common course , but only by speciall commission , in one of these two causes : in the first of which cases , edward duke of cornewall , and earle of chester held a parliament in . e. . for king edw. the third : and john duke of bedford brother and lieutenant to the king and guardian of england held a parliament as guardian of england in the fifth year of king h. the fifth ; and in the second case in . e. . a parliament was begunne in the presence of the king , and prorogued untill a further day ; and when william arch-bishop of york the kings commissary by letters-patents held the same parliament and adjourned the same , the cause of the said prorogation being because the king was inforced to goe into glocestershire to represse a rebellion there ; so in . eli. queen elizabeth by her commission did by her letters-patents authorise john whit gift arch-bishop of canterbury , william baron of burleigh lord treasurer , and henry earle of darby , to begin , hold , and prorogue a parliament , and this commission is entred in the journall booke of the lords house , over which is written , domina regina representatur per comissionarios viz. that our lady the queene is represented by her commissioners : which precedents in both cases plainely prove that the king is not of course representatively in parliament , nor his power lodged there , but by his speciall commissions , or letters patents , which may suffice as to this point ; but for those parts of your motives , that the power of both houses is above the kings , you shall find answered unto hereafter . and whereas you write that the scots have delivered up the king , and that he is a prisoner , and his person at their disposition , that the city and parliament are united , that the whole strength of the kingdome is in their hands , that bishops will be rooted out , their lands sold , and presbyterian government setled ; which i conceive you alledge as arguments to perswade me to compound , and take the oathes you mention ; these are rather arguments of force and fraude , by all zealous lovers of honour , justice and piety to be resisted and withstood , then of truth and reason tobe submittd unto , and looke more like arguments of sutors hill , then westminster hall ; but if you lay them before me , as perswasions of feare and terrour , i answer you in the words of king david , that you may see how vaine these conceits are , psal. . the princes of the earth stand up , and take councell against the lord , and against his anoynted , saying , let us breake their bonds asunder , and cast away their cords from us , he that dwelleth in heaven shall laugh them to scorne , the lord shall have them in derision : he shall bruise them with a rod of iron , and breake them in peeces like a potters vessell . be wise now therefore o yee princes , be learned o yee that are judges of the earth . what though many ox●n are come about the king , and fat bulls of rasan have closed him in on every side , that gape upon him with their mouthes as if they were ramping and roaring lions ? was not this good king davids case , psal. . . was not he hunted after by saul to destroy his life , as a man hunteth after a partridge in the mountaines ? sam. . . did not his enemies lie waiting in his way on every side , turning their eyes downe to the ground , like as a lion that is greedy of his prey , and as it were a lions whelpe lucking in secret places , psal. . . . they spake against him with false tongues , & compassed him about with words of hatred , & fought against him without a cause , psal. . . and davids enemies kept him prisoner too as out king is , for they compassed him about , psal. . . nay he complaines more heavily ; they that hate me without a cause are more then the haires of mine head , they that are mine enemies , and would destroy me guiltlesse are mighty , psal. . . yet what of all this ? are not there many promises held forth in the holy scriptures to us , that may assure a man of the smallest faith , that the king shall be reestablished in his throne , and his enemies confounded , for david assures us there is verily a reward for the righteous , doubtlesse there is a god in heaven that judgeth in the earth , psal. . . and psal. . the lord is knowne by executing judgement , the wicked shall be shared in the works of their owne hands , for the poore shall not be alwaies forgotten , the hope of the afflicted shall not perish for ever : and to prove this he affirmes by way of evidence , psa. . . when the wicked even mine enemies , and my foes came upon me to eate up my flesh , they stumbled and fell , and psal. . he shewes his deliverance by his thanksgiving in these words , i will magnifie thee o lord , for thou hast set me up , and not made my foes to triumph over me , thou hast turned my heavinesse into joy , thou hast put off my sackcloth , and gi●ded me with gladnesse . how then can i dispaire of our kings deliverance and victory ? i hope i may without offence say , that i beleeve our king is a parallell to david in his vertues , and the justice of his cause , and therefore shall with david psal. . conclude this point , the king shall rejoyce in thy strength o lord , exceeding glad shall he be of thy salvation , thou shalt give him his hearts desire , and wilt not deny him the request of his lips , and why ? because the king putteth his trust in the lord , and in the mercy of the most highest he shall not miscarry : and for the latter part of your argument , which is , that either the king will signe the propositions , and so mine estate will be confiscated , or if he doe not , the parliament will doe it by their ordinances without him : i answer , that i feare not his majesties consent to give away the estates of his loyall subjects , but if he be a prisoner as you signifie unto me by your letters that he is , i feare not much that his assent to the propositions can take away mine estate ; neither doe i hold it a peece of wisdome to presse his consent perdures to such propositions , for you that are learned in the lawes know that such consent is not any way binding at all amongst common persons , a fortiori in the kings cause . and for their disposing of mine estate by ordinance without the kings consent , i must deale plainely with you , it terrifieth me not at all , for i am cleerely of opinion that no ordinance without the kings consent is binding to the people , or can alter any property that i have in mine estate , by the fundamentall lawes of the land : and if the king should consent to such an ordinance it were onely binding till the first sessions of the next parliament , and then to dye of it selfe , if not againe revived ; which if i thought you doubted of , i would take the paines to cleare it by citing you authorities sufficient in the point , whereupon i doubt not but you wil infer that there can be no good assurance or sale made of the bishops lands by ordinance without the kings royall and personall assent , nor that both or either house of parliament can dispose of his royall person by any law of the land ( and i hope god will never permit them to dispose of him ) otherwise then to re-establish him in his throne againe , and invest him with all his royall powers and interests , which by the knowne lawes of the land are due unto him , and to make him a glorious king according to their severall declarations , protestations , oaths of supremacie and allegiance , and according to their solemne league and covenant ; all which protestations , oaths , and covenants , every member of both houses , either by the lawes , or by their owne orders , hath or ought to take . now as concerning the covenant , if i understand it aright , the principall ends of it are the setling of presbyterian government in the church , the extirpation of episcopacy , the right and priviledges of parliament , the preservation of the kings majesties person and authority , which is qualified with a clause of equivocation ; viz. in the maintenance of the true religion and liberties of the kingdome , to bring incendiaries and malignants , or evill instruments to condigne punishment ; and lastly , to assist and defend all those that joyn in that league and covenant , to the ends and purposes aforesaid . these being the ends of the covenant , it is expedient that i should consider whether it be lawfull to take any covenant tending to these ends : for i will not dispute the legality or illegality of taking of covenants in generall , but whether without my king and his confirmation , i may make any covenant at all with any sort of people in this land , especially to abrogate any knowne and established law of the land : now to pull downe that government of episcopacy which is established by divers acts of parliament in this kingdome , to set up presbyterian by force of armes , which is inconsistent with the laws and statutes of this realme , and without the kings consent ( who by his office of divine appointment , is the nursing father of the church , as isaiah . . and by the statutes of this land acknowledged to be supreame moderator and governour of the church and kingdome , as hereafter is more at large declared . ) i very much doubt and scruple , whether i may doe it , and the rather for this cause for feare lest joyning in an unlawfull covenant , haply i be found to fight against god , as it was said in the case of the apostles , act. . . for if i enter into this covenant to eradicate episcopacy which hath been approved in the church for the first yeares after christs ascention by all men that have professed the name of christ , and was doubtlesse of apostolicall institution ( if we may give credit unto the ancient fathers , and chronologies of the primitive times ) and make a league to set up presbyterian government , which was never so much as heard of in the church under that notion ( for ought i can read ) till the revolt of the towne of genevah from their obedience unto the duke of savoy in the year of our lord . at which time they tooke occasion to change their old religion , and to expell their bishops for countenance to their rebellion , and called in calvin a learned man of france bred up in the civill laws , to be their moderator in divinity , whom they after through their inconstancie banished , and would have had a bishop of the reformed religion if they could have procured consecration , for want whereof they recalled him againe upon second thoughts to perfect their new modell of church-government , which he there established as it happened in the yeare of our lord . as partly by his owne epistles , and more plainly by mr. hookers workes , and by franciscus boninardus his writings to a sebastian minister , and elsewhere appeares ; which kinde of government , as many learned men are of opinion , is neither of apostolicall institution , nor example , nor agreeable either to the primitive verity or regiment in the church , nor the true christian liberty which the saints of god doe challenge ; though i will not deny that there were both elders and presbyters in the church of christ in the apostles times , yet i take them rather to be a subordinate , then a distinct degree from the regiment of episcopacy . and therefore for mee that am not better satisfied in the discipline of presbytery , and more perswaded of the divine right of episcopacy , to take this covenant , were to act a sin of presumption against the perswasion of my conscience , wherein i may be said to fight against god . as for the preservation of the rights and priviledges of parliament , god forbid , that i should not both sweare and covenant to maintaine them , so long as the houses move within their spheare , and steere their course by the knowne chanels of the lawes of england , and launch not out into the maine of arbitrary government without scale or compasse , so long i hold my selfe obliged with my life and fortune to mainetain them . but whether all those things are priviledges of parliament which are now pretended to be so , or whether the houses move in their proper orbe , without irregularity or deviation , it being a matter of state , which i being abroad cannot take so perfect notice of , i leave it to you , and other learned men who are in england to judge of , it being more proper for you , and those that are upon the place to give a determination of it , then my selfe . and as touching the preservation of the kings majesties person , i hold it my duty to lay downe my life and fortune for it , either in active or passive obedience , without any reservation or such restriction as is aforesaid whatsoever . and i could wish for the worlds better satisfaction , that the houses would please to explaine themselves , what the religion and liberties of the kingdome are they mean by these words ( in the preservation and defence of the true religion , and liberties of the kingdome ) and as touching incendiaries , malignants , and evill instruments of all sorts , i could wish they might be tryed by indifferent judges lawfully constituted , and by the knowne established , lawes of the land , and by those lawes to be brought to condigne punishment : but to enter into a covenant or solemne league to defend the persons of those that shall take it in any other sence , then what i have before expressed ; i doubt i may not lawfully doe it . another scruple i make , whether this covenant is not already broken by those that have taken it , in the very act of restraining the kings person , and by taking away of his authority from him , and in other points , i will not now insist upon ; if it so fall out in truth , that it be already broken , i ought not then to joyne in league and covenant with those that lifting up their hands to the high god , have sworne to maintaine and keepe the same , and notwithstanding this their oath , have falsified their faith to him : with whom if i should joyne my selfe , i should say with the rebellious jewes , hosea . . wee have no king , because wee feared not the lord , and what should a king doe to us ? and i should not only doe the same which they have done , but should also favour them that do them , making my selfe worthy of eternall death , with those covenant breakers which saint paul makes mention of , rom. . . . and thus much concerning the covenant . but truely sir though i take not upon me to dispute the lawfulnesse of the power of both houses to impose oathes or covenants upon the kings people ; yet if i were in england , and this covenant , or the negative oath , or any other oath or covenant were offered to me by way of imposition or constraint , i doe confesse i should make these two objections against it : the one is that which a wise and great peere of this realme now sitting in this present parliament objected against that oath which was offered to be imposed upon all the members of the great counsell at yorke , to wit , that i may lawfully refuse to take or submit my se fe to any oath that is not lawfully injoyned mee by act of parliament , that is enacted and made a law , with full consent of the king , lords , and commons assembled in parliament . and the other objection i should make is this , that if the king , lords , and commons , with full consent in parliament , should enact a thing contrary to the law and word of god , and enjoyne all the subjects of the realme to take an oath to observe it , i might lawfully , and would refuse to take that oath , rather submitting my selfe to the punishment inflicted for not taking that oath , then committing so high a sinne of presumption against god and mine owne conscience , as to sweare to observe a law which is against his law , and his most holy word and commandement . for we ought rather to obey god then man , act. . . . . and i am fully of this opinion that there ought not to be any other oath imposed upon the subjects of this realme then what is imposed and enjoyned by act of parliament , and that only concerning lawfull and indifferent things . and when an oath is offered unto us , so conditioned , i am likewise of opinion that both my selfe , and all other his majesties subjects are bound to take it and observe it . now as concerning the oath in question , which is the negative oath , which runnes in these words ( viz. ) i. a. b. doe sweare from my heart that i will not directly nor indirectly adhere unto , or willingly assist the king in this warre , or in this cause against the parliament , nor any forces raised against the two houses of parliament in this cause or war . and i do likewise sweare that my comming and submitting my selfe under the power and protection of the parliament is without any manner of designe whatsoever to the prejudice or proceeding of this present parliament , and without the direction , privity , and advice of the king , or any of his councell or officers , other then what i have now made knowne : so helpe me god and the contents of this book . i am much scrupled in my judgement and conscience whether it be not both against the law and word of god , against the law of nature , against the setled , knowne , established , and unrepealed laws of this kingdome ; against the law of reason , and against all reason , conscience , honour , and pollicy , either to take it or require it . first , this negative oath seems to me to be opposite to the word of god in restraining me from the performance and execution of a du●y to my king , which by the law and word of god i am enjoyned to discharge towards him , by me kings reigne , saith god , prov. . . therefore i cannot doubt of the lawfulnesse of their calling , and that they are of divine right and institution , the blessed spirit of god speaking in solomon , prov. . . solomon exhorts his sonne , that is , every childe of god in these words , my sonne feare god and the king , and meddle not with them that are given to change ; or as some translations have it , that are seditious : here the holy ghost joynes god and the king under one feare , or under one precept , as if hee should say , to feare the king , is to feare god ; and unlesse thou fearest the king , thou canst not feare god , this is no unsound or improper inference ; for it is the will of god that thou shouldest feare the king , wich will , if thou performe not , thou canst not be said to feare god . now feare in this place is only taken for subjection and obedience , and this duty of thy obedience and subjection , is as properly belonging unto the king , as thy feare is to god , which our most blessed saviour jesus christ expresly declareth , matth. . . in these words , give unto caesar those things that are caesars , and to god those things that are gods ; and though the question were there only concerning tribute , and asked of the pharisees and herodians which were not naturall subjects to cesar , but onely brought under by conquest and force , yet our saviour exhorts the jewes and herodians to performe subjection to caesar in paying the tribute due to him , as well as to perform their duties towards god : which saying of his , ( though the wicked jews thought to entrap him by the question ) yet could they not reprove it before the people , because they were convinced of the truth of it by the light of nature , having not faith to perceive the divine right , that was couched in it , and therefore they marvelled at his answer , and held their peace , as it is recorded , luke . . and though our blessed saviour might have challenged an exemption from the payment of tribute , as being free , yet because he would not offend caesar , he caused peter to pay tribute for them both , as we may read math. . . . st. peter writing unto the strangers that dwelt in pontus , gallatia , cappadocia , asia , and bithynia , who were at that time under the dominion of the roman empire only by reason of their aboad , and so owed but locall allegiance to caesar , exhorts them that they should submit themselves unto all manner of ordinance of man , for the lords sake , whether it be unto the king as unto the superiour , or unto governours , as unto those that are sent of him , for the punishment of evill doers , and for the praise of them that do wel , for so is the will of god that by weldoing ye may put to silence the ignorance of the foolish men . pet. . . where we are to understand by the way , that according to the geneva notes upon that place , by this word , ordinance , is meant the framing and ordering of the civill government , which the apostle calleth the ordinance of men , not because men invented it , but because it is proper to men to exercise , upon which place of the apostle , there are these things observable . first , that wee ought to submit to the king as superiour . secondly , that where a government is monarchicall , as in england , governours are sent by him , and by him only : for if governours had been to have been sent by any other , the apostle writing by the spirit of god , if their calling had been lawfull , would not have omitted to have instructed those strangers to performe subjection and obedience to them . thirdly , that it is the will of god that wee should submit our selves to the king as superiour . fourthly , that in so doing wee doe well . and fifthly , that in doing this well , we shall put to silence the ignorance of the foolish men ; that is to say , of such , who hold that subjection and obedience belongs not to kings , or such that seeke to withdraw us from ours ; wherefore as st. paul saith , rom. . . we must be subject , not because of wrath only , ( or for feare of punishment ) but also for conscience sake ; for this cause wee ought to pay tribute to whom wee owe our tribute , custome to whom custome , feare to whom feare , honour to whom honour is due ; in which words st. paul coupleth together the whole duty of subjection and obedience which we owe to our king , tribute , feare , and honour ; where , in the first place , we are to consider that st. paul wrote those precepts to men as free in christ as our selves , and to romans , men of as much learning , courage , and warlike imployments , as were any at that time , or since in the world , and men who not long before were brought from the subjection of a popular state , to the obedience of a sole and sovereigne monarchy : neither must we forget that these percepts were written in the time of that heathen emperour nero , which then ruled over the romans , and the most bloody tyrannous and persecuting tyrant and enemy to the church of christ that ever was before or since his time : and yet st. paul tells those christian romans , they must be subject for conscience sake , and his doctrine was true , and not without warrant from gods owne mouth ; for let a king be never so wicked , yet he is gods ordinance upon us , and being gods ordinance we are to obey him , by his especiall commandement ; ieroboam was a wicked prince and an idolater , and caused israel to fall away from god , and to sacrifice to idolls , yet we finde that god sent ahijab the prophet unto him with this message , king. . . goe tell jeroboam , for as much as i have exalted thee from among the people , and made thee prince over my people israell ; and god sent jehu with the like message unto baasha , as we read of kings . . and we read of syrus the assyrian heathen emperour , isaiah . . where god saith of cyrus , he is my shepherd , and shall performe all my pleasure , and the . thus saith the lord to his anointed , to cyrus , whose right hand i have holden to subdue nations before him ; and verse the . of the same chapter , i am the lord , and there is none else , there is no god besides me , i guided thee , though thou hast not knowne me . god also calleth nabuchaduezar that wicked , idolatrous persecuting heathen king of babylon , his servant no lesse then three times in holy writ , as we read ier. . . . . and . . which severall places of scripture doe clearly evidence to me , that be the prince or king never so wicked or idolatrous , be he never so unjust ; nay be he pagan or infidell , god acknowledged them to be his owne ordinance upon his people ; nay , and more , commands his people to yeeld obedience to them as his ordinance , upon paine not only of temporall destruction , but of everlasting condemnation , and this is proved unto us by that command of god given to his chosen people the jewes , jer. . . bring your neck under the yoke of the king of babylon , and serve him and live , why will you dye thou and thy people by the sword , by the famine , and by the pestilence , as the lord hath spoken against the nation that will not serve the king of babylon , therefore hearken not to the words of the prophets that speake unto you saying , yee shall not serve the king of babylon , for they prophesie a lye unto you , for i have not sent them , yet they prophesie a lye in my name that i might drive you out , and that yee might perish , ye and the prophets that prophesie unto you . nay , god by the mouth of the apostle st. paul rom. . . commands us upon paine of damnation to obey his ordinance in these words , let every soule be subject to the higher powers , for there is no power but of god , whosoever resisteth the power , resisteth the ordinance of god , and they that resist , shall receive to themselves damnation : who these high powers are , st. peter tells us , pet. . . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreame , or unto governours , as unto those that are sent by him : the king then is the highest power under god in his realme , and governours are sent but by him , and therefore only to be obeyed , because sent by him : thus we see , were our king an heathen , an idolater , an unjust , or perjured person , yet he is gods ordinance upon his people ; god so acknowledges wicked princes to be , nay commands obedience to them , lest we be temporally destroyed : nay , more then that , lest we receive to our selves damnation : what then ? shall i sweare not to serve , honour , submit unto , and obey my most gracious sovereigne lord king charles , a christian king , and anointed , crowned ; nay my naturall king , as religious , just pious , vertuous , mercifull , and wise a king as ever reigned over this realme of england , or at this time lives in the world , without disparagement to any prince , or potentate now living upon the face of the whole earth : marry god forbid , for feare i receive unto my selfe damnation : no , i will with st. peter , pet. . . feare god , honour the king ; which words import a most holy ordinance , eternall , and indispensable , and by us for no ordinance of man whatsoever to be omitted , or by any law to be discharged : thus much in generall touching the duty that every subject owes to his king by the laws of god . but if it be objected , that these generall precepts inforce nothing in this particular case of the negative oath . i answer , they doe very pregnantly , for the words of the negative oath are these , i. a. b. doe sweare from mine heart that i will not directly , nor indirectly adhere unto , or willingly assist the king in this war , or in this cause against the parliament : in which words there is an inhibition of that duty to my king , which by gods law and his holy word i am enjoyned to performe towards him : and if i sweare this oath , i restraine my selfe thereby in part of that subjection and obedience which is due from mee to my sovereigne ; for it doth not appeare by the scriptures afore mentioned , nor by any other that i know , that there is any case whatsoever excepted , wherein i ought not to pay tribute , custome , feare , or honour to my king ; but in this case i engage my selfe by mine oath not to adhere , or willingly assist the king in this warre , or in this cause against the parliament ; which is as much to say , as i shall not pay him that is due to him by the law of god and injunction of the scriptures : if it bee objected that the scripture bindes mee not to assist the king , or adhere unto him in matter of war : i answer , it doth , though not in direct words , yet in full effect and substance : for within the precept of peter . . feare god , honour the king , and by the first commandement of the second table , honor thy father and thy mother is included all manner of aid and assistance due to a king both in warre and peace , which i prove thus : the geneva notes , which i follow in the interpretation of scriptures being most authenticall of any in these times of reformation , commenting upon the ezek. . on these words , honour thy father and thy mother , expresse that by the parents also is meant all that have authority over us , wherein the king is included : and upon the chapt. of deut. . verse upon the same words , glosse thus ; not for shew , but with true obedience , and with due reverence ; and upon the . chap. of matth. and . verse , where our blessed saviour reproves the jewes for not observing this commandement by offering their corban , which in their case was much like this negative oath in ours , saith thus unto them : honour thy father and thy mother , and he that curseth father or mother , let him dye the death ; but yee say , whosoever shall say to father or mother by the gift that is offered by me , thou maiest have profit , though he honour not his father or mother shall be free , thus have you made the commandement of god of none effect by your traditions : o hypocrites , esaiah well prophesied of you saying , this people draweth neare unto mee with their mouth , and honour me with their lips , but their heart is farre from me , but in vaine they worship me , teaching for doctrine mens precepts . the geneva notes say , that by honour is meant all kinde of duty which children owe to their parents , and what that is , both arias mountanus and vatablus upon the same place interpret , that , honarare est omni in memento supportare vel sustentare , to honour is to support and helpe with all manner of aid or assistance whatsoever ; by which places of scripture , and the approved interpretations thereupon , it is manifest , that both by the first commandement of the second table , and by the precepts of our blessed saviour , and his apostles , we ought to aid and helpe the king with all manner of aid and assistance whatsoever , such as we ought to yeeld to our parents , if they were assaulted , or in distresse , unlesse as the hypocriticall jewes did make the commandement of god of none effect , by offering a gift to the temple , which they called corban , and by taking an oath that they were not bound by that gift to help , honor , or aid their father and mother , but that they might have profit by that gift , so shall we make the law of god , and precepts of our blessed saviour and his apostles of none effect , by this tradition of men . this negative oath , which would absolve us from our duty of subjection & obedience to our king , as if this oath were to his profit . if we should not aid him or assist him , where is our feare , where is our honour , where is our tribute , where is our subjection ? shall we take upon us where the scriptures enjoynes us duties in generall ? to say , the scriptures requires not this or that particular at our hands , where those particulars included are in the generall . but here it may be objected , that the kings warre against the parliament is unlawfull , and the scriptures binde me not to the performance of any unlawfull thing , therefore i may safely take this oath : to this i answer , i will not take upon me to determine the question of the lawfulnesse or unlawfulnesse of the warre , but leave that to the judgement of god almighty , who will one day determine on which side the justice of this war doth remaine : but this i know , that it is lawfull for the king being invaded , to defend himselfe , and that his subjects in such a ease are bound to assist him : and if i bee perswaded in my conscience , that the right of this war is on the kings side , i am bound to assist him in it , whether the right be with him or not : and this also i know , that the head is over the members , and not the members over the head ; and that i also , and all his other subjects ought to performe , if not active , yet passive obedience to him in all causes , at all times , and in all places whatsoever . furthermore , the prophet jer. saith , jerem , . . thou shalt sweare in truth , in judgement , and in righteousnesse , every oath ought to have these three speciall quallities , it ought to be made in truth , in judgement , and in justice , whereunto is opposed falsehood , rashnesse , and unlawfulnesse ; so that if the negative oath have any defect in any of these three particulars , we are to lay it aside , and not to take it as being unlawfull : the nature of an oath is as a bond , for god himselfe declares , numb. . . he that sweareth an oath , and by it bindeth his soule , with a bond shall not violate his word , but doe according to all that proceedeth out of his mouth , which is as much to say that he shall not take the name of god in vaine ; so that hereby i am bound if i take this oath to performe it according to the letter , and not to evade it by saying , i take it in mine owne sense with a mentall reservation , but i must doe it according to all that proceedeth out of my mouth , & if so , then do i absolutely swear against that duty that i am enjoyned to by the scriptures , for i sweare not to adhere to , or assist the k. in this war or this cause , directly or indirectly , so that i may neither aid him in word or deed , nay not so much as pray for his health or successe , nor for the safety of his person , that under him we may lead a quiet and peaceable life in all godlinesse and honesty ; though the apostle s. paul exhorts us in tim. . . to pray for kings to that purpose : nay , by mine oath i am obliged , if i meane to keep it , to stand by , and see any souldier in the parliaments army to kill him , and may not assist him to rescue his life ; wherefore if i doe observe this oath , i take it not in truth , but to an unjust and unlawfull end , and therefore take it not in justice and righteousnesse . secondly , if i understand not what use may be made of this oath , or what i shall be inforced to by it , i take it not in judgement but rashly and unadvisedly , and therein commit a grievous sinne . now i know not , as this oath is penned , what interpretation may be made of it , for if i take it , i sweare that i will not directly nor indirectly adhere unto , or willingly assist the king in this warre or in this cause against the parliament , nor any forces raised against th●t wo houses of parliament in this cause or war . first , i know what will be interpreted an indirect adhering to the king , or assisting of him . secondly , i know not what is meant by this cause , or how far it may be extended . thirdly , i know not in what sense they take these words against the parliament , whether they include the person of the king within the word parliament , or his power only excluding his person : neither doe i understand what is meant by any forces raised against the two houses of parliament , there being now no such forces in the kingdome , and the war at an end ; therefore understanding not the extent of these particulers , i sweare rashly , and therein commit a sinne of presumption if i take it : and lastly , if i take this oath , i sweare to an unjust and unlawfull end ; for i sweare to withdraw mine obedience , subjection and allegiance from him , which is an unjust and unlawfull thing , and to an ill end , the same being due unto him by the law of god , as before is declared by the law of nature , the law of the land , and the law of reason , as hereafter shall be proved . to conclude this point , in taking of oaths we ought to take heed , that we observe these rules of the learned fathers , that is , as to oaths which we take voluntarily , and not by coertion , or by any impulsive necessity : ita jurare , ut sacramentum pietatis , ne sit vinculum iniquitatis : so to sweare that the oath or sacrament of godlinesse which wee take , become not a bond of iniquity to our soules , thereby to engage us in things unjust and unlawfull , both against the lawes of god and men : and if we take rash oaths , to doe an evill thing , penitenda promissio non perficienda presumptio , we must repent of our oath , and not commit the evill , and if we are inforced to sweare that which is unjust and unlawfull , and against the lawes of god and men , wee conceive our selves not bound thereby , for injusta vincula rumpit justitia , justice and equity breaks the bonds of such an oath from our consciences : it being a certaine axiome in divinity , quod per sacramentum non tenemur nisi ad bonum , aut legale : by oaths men are bound to the performance of nothing but what is good and lawfull : now to manifest that this oath is against the law of nature , we are to consider what the law of nature is , which we finde among the learned to be distinguished into two kindes , generall and speciall : this generall by vlpian de justitia & jure l. . tit. . is thus defined , jus naturale est , quod natura omnia animalia docuit : naturall law is that which nature hath taught all creatures living , which he distinguisheth thus from the speciall : jus istud non humani generis proprium sed omnium animalium , quae terra marique nascuntur , avium quoque commune est , the law of nature ( saith he ) is not proper to man alone , but the same is common to all living creatures , as well to birds as to those which the land & the sea produceth ; and agreeable to this is the description of the law of nature , set downe by learned and reverend hooker , in his first booke of ecclesiasticall pollicie , whereby he calls it , that manner of working which god hath set for each created thing to keep , he being a director of infinit knowledge , to guide nature in her wayes : but i meane not that this negative oath is against this generall law of nature , but there is a more speciall law of nature proper to mankinde only , which will steere us to the question in hand : which speciall law of nature proper to men , st. augustine in his epistle ad hil. . & in evangelium johanes tract. . defines thus , lex naturalis est impressio divini luminis , in nobis & participatio legis aternae in rationali creatura : the law naturall , saith he , is the impression of divine light in us , and a participation of the eternall law in the reasonable creatures , which distinction is strengthened by that expostulation which moses makes in the person of god with cain , before any law written , gen. . . if thou dost well shalt thou not be accepted , & if thou dost not well , sin lyeth at the doore ? for so is the law of nature imparted unto us by illumination of the law eternall : that this is most cleare , st. paul witnesseth unto us , rom . . . for when the gentiles ( saith hee ) which have not the law , doe by nature the things contained in the law , these having not the law , are a law unto themselves ; which shew the works of the law written in their hearts , their conscience also bearing witnesse , and their thoughts mean while excusing or accusing them ; what other thing was this , but the law of nature , or the impression of divine light in the hearts of the gentiles ? which doctrine of st. paul reproves the opinion of those , who thinke that whatsoever proceedes of nature is sinne , for if so it were , that whatsoever proceeds of nature is sinfull , how could the consciences of the gentiles bear witnesse for them , or excuse them of the breach of the law ? therefore st. augustine in his third booke de doctrina christiana , cap. saith , omne vitium naturae nocet , ac per hoc contra naturam est , every vice doth wrong to nature , and is therefore contrary to it ; and in his . booke de civitate dei , cap. . he saith , omnia peccata sunt in universum contra naturam & legem naturae : all sins are generally against reason , and the law of nature : and damascene , l. . fidei orthodox : cap. . agrees in this with him ; for saith he , homines facti sunt mali declinando in id quod contra naturam est , men are made evill by declining to that which is contrary to nature : nature therefore is gods instrument , and none other is her guide , but only the god of nature : for as s. paul said in his sermon at ▪ athens when he found an altar directed to the unknown god , act. . . in him we live , and move , & have our being , being also of his off-spring as he told them : their owne poets said , whereby it is clearly proved , that though the athenians being gentiles , and ascribing the being of all things to the law and course of nature ; yet st. paul could finde out another hand in those workes besides nature , to whom nature was only subservient , and an handmaid to obey his eternall law , decree , and purpose according to that order hee hath set downe for the sonnes of men for ever to bee observed . this short digression i have made only to take away this objection that many make , that we are not bound to observe the lawes of nature , and also to let them know that the law of nature is to bee observed , and that as being a participation of the eternal law , it is both perpetuall and unalterable , and not presumptuously to be violated : the consideration whereof moved pythagoras the heathen philosopher to publish amongst his golden precepts , this one , nil turpe committas , neque coram aliis , neque tecum maxime omnium , verere teipsum , commit nothing foule or dishonest , saith he , neither to be known to others , nor to thine own heart , but above all things , reverence thine owne conscience : but to draw somewhat nearer to the thing in purpose , and to prove that this negative oath , is against the law of nature , i must observe with hooker , that as there is a law naturall belonging to men , as they are men in their kinde , which law directeth them in the means whereby they are to steere their actions as to their owne particular preservations , so there is a law naturall which toucheth them as sociable parts united into one body , a law which bindeth them to serve unto each others good , and all to preserve the good of the whole , before whatsoever their owne particular , and from both those roots or branches of the law of nature , springs the allegiance , subjection and loyall obedience , which is due from a subject unto his king , from this speciall law of nature ? man by the impression of divine light is bound to observe the law naturall , as it is written in his heart , and is part of the law eternall by which we are bound to obey , and succour , and assist our parents , whether our naturall parents , or the parents of our country ; and from this relative law of nature , as i may so call it , or the covenant of nature whereby we are bound as sociable parts by the law of nature united into one body for the preservation of the whole , the subject to obedience , faith , and allegiance , the king to protection , and to maintaine the laws , bodies , and goods of his subjects , and both together to maintaine the peace of all ; as fortescue in his booke of the praise of the lawes of england , cap. . observes ; and therefore glanvil who wrote in hen. . time . l. . cap. . saith , mutua debes esse domini & fidelitatis connexio , ita quod quantum debet quisque domino ex homagio , tantum debet illi dominus ex domino praeter solam ex reverentiam the knot of faith ought to be mutuall between the lord & his subject or tenant ; for look how much subjection or obedience the tenant or subject owes to his lord , so much doth the lord owe to his tenant by way of protection , reverence excepted ; which knot aristotle in his first book of politicks proves to be the duty of nature ; for saith he , to command and obey is of nature , for whatsoever is necessary and profitable for the preservation of the society of man is due by the law of nature . now tully lib. . de legibus tells us , that sine imperio nec domus ulla , nec civitas , nec gens , nec hominum universum , genus stare , nec ipse denique mundus potest ; which is , that without command or government , neither any house , nor city , nor nation , nor mankinde , nor to conclude , the world cannot stand : but peradventure that will be confessed , and yet it will be denied that the world cannot stand without monarchy , and objected that monarchy is not that government that ought to be by the law of nature : to which i answer with aristotle , in his first booke of ethicks , that jus naturale est quod apud omnes homines eandem , habet potentiam , that is , the law of nature which with all men hath the same power : now as aristotle in his first booke of his politicks , cap. . and plato in his third book of laws , jump in this opinion that in the first beginning of time , the chiefest person in every house was alwaies as it were a king ; so when numbers of housholds joyned themselves together , in civill societies , kings were the first kinde of governours among them , which is also ( as it seemeth ) the reason why kings have alwayes been , and are to this day called , patres patriae or fathers of their country : and it is not unknowne to any man learned in antiquity , history , or chronologie that it was years after the creation before any law was written or given in the world , according to the computation of ioseph scaliger by the julian account ; the law being given in that year , and delivered by god unto moses on mount sinai , and whether the old world before the floud were governed by kings , it is disputable ; but sure i am that nimrod the sonne of c●sh , the son of cham , the sonne of noah , was a king ; for i finde gen. . . that the beginning of his kingdome was babel , and erech , and accad , and calneh in the land of shinar , and according to the computation aforesaid , began his reigne in the yeare of the world , which was yeares before the law was given , and yeares after the floud ; in all which time it is more then probable that all the nations of the world ( except the jewes ) were governed by monarchies or kings , and long after the law was given to the jewes , which is proved unto us by that demand of the jews made unto samuel , sam. . . and they said unto him , behold thou art old , and thy sons walke not in thy wayes , make us now a king to judge us like all nations : and we see it yet continued to this day among all the gentiles & heathens upon the earth ; by which sort of people , above twenty parts of thirty of the knowne world are now inhabited : that the only government of each severall nation among them is monarchy , and much more subjection and allegiance performed by the heathen subjects to their gentile kings , then is amongst us towards ours ; which is a full argument to mee that monarchy is not only a divine ordinance or institution of god almighty from the beginning , and a branch of the law of nature , but also the best of governments too , because those gentile nations which guide their actions only by the law of nature , imbrace this forme of government and none other , making good that maxime of their heathen philosopher afore remembred , jus naturale est quod apud omnes homines eandem habet potentia , which induces me to affect the opinion the more , because i see the gentiles ever submitted to monarchy call regiment ; for with monarchy i say , non potest error contingere ubi omnes idem opinantur : and with teles● non licet naturale universaleque hominum judicium falsum vanumque existimare , an error of judgement cannot be where all men are of the same opinion , and we ought not to esteeme the universall judgement of naturall men to be false and vaine . but i will dwell no longer upon the fringe of this particular , but make this point evident by the laws of this kingdome , which are a part of natures law , that this oath is against the law of nature , and for that cause only , that if i take it , i am thereby withheld from the execution of mine allegiance , whereby i make violation of natures law ; to make this cleare and evident , it appeares unto us by calvins cas , recorded in the seventh part of sir edwards c●●ks reports , that there are in our law foure kinds of allegiance ; the first 〈…〉 all , which is due from every subject bo●●e within his majesties dominions , to his majesty as to his sovereigne lord and king . the second is ligeantia legalis , or legall allegiance , which is due by every subject to the king by reason of his suit royall , and this is not naturall , but created by king arthur for expulsion of the sarazens , and continued after by others for the danes exile , and is proper for the suppressing of insurrections , and expelling invaders . the third is , ligeantia acquisitia , or purchased allegiance , which comes by indenization . the fourth and last , is locall allegiance and that is due from strangers , friends to kings , whilst they are in their dominions . i meddle not with the two last , and omit for brevity sake , and because i shall not need to draw any argument from it , to helpe my selfe withall , to speake any thing of legall allegiance : but for naturall allegiance , it is absolute pure and indefinite , that such an allegiance there is as naturall , if you read the indictment of the lord dacres , . h. . you shall finde it runne thus , quod praedictus dominus dacre debitum fidei & ligeantiae suae quod prefato domini regi naturaliter & de jure impendere debuit minime , &c. which in english is thus , that the aforesaid lord dacre not regarding the duty of his faith and allegiance , which he did naturally and of right owe to , and ought to pay to king henry the . &c. and cardinall poole . h. . being likewise indicted of treason , contra dominum regem supremum & naturalem dominum suum , that is against the king his naturall and supreame lord ; which indictments prove a naturall allegiance to be not only due , but of right due from every subject to his sovereigne king , and as this allegiances is naturall , so is it absolute , so is it pure , and indefinite , quia nullis claustris coercetur nullis metis refraenatur , nullis finibus premitur , it ought not to bee constrained or bridled with any bonds , nor restrained to any place ; for a man though he may abjure his country , or his kingdome , yet he cannot abjure his allegiance , nay he cannot alien , give a way , or withdraw his allegiance from his king by the law of nature , to his kings prejudice , though he should gaine his liberty , freedome of estate and honour or advancement unto the bargaine ; for st. augustine saith , nemo jure naturae cum alterius detrimento locupletior fieri debet , no man by the law of nature ought to be made richer by the losse of another ; but if i withdraw mine allegiance , the king hath lost a subject , therefore i may not doe it , neither can the king release it to any of his subjects , it being an inseparable accident adherent in the person of a king , and is due , omni soli & semper , to every king under heaven from his owne naturall subjects : it is due to every king , and alwaies to kings , and only to kings by the law of nature : and it is only due to his person , and not to his office , which is only imaginary and invisible , and no where formally to be found but in his person , as by the said case of calvin more fully appeares : hereupon i conclude , that allegiance being due by the law of nature to the kings person , and that i neither can abjure it , nor alien it , or withdraw it from him , nor he release it to me , and that it is only due to him , and to no other : i cannot take this oath and keep it , without violation of the law of nature , and manifest injury both to my selfe and sovereigne king , quia jura natura sunt immutabilia , the lawes of nature are immutable , as before is observed , and is plainly held forth by bracton , l. . cap. . & docter & stud. cap. . . and so from this point of the law of nature , i come to shew that this negative oath is absolutely against the knowne , setled , and established laws of the land : the reason is , because if i take it & keep it , it withholds me from the performance of my duty of allegiance which is due to my king from me by the law of the land ; and so i am informed by the books of law : this tearm or word allegiance is rendred unto us under divers names in our law bookes , as sometimes it is called fides or faith , as bracton l. . tract. de exceptionibus cap. . fol. . and so fleta l. . cap. . alienigena repelli debet in anglia ab agendo donec fuerint ad fidem regis angliae , aliens ought to be kept from acting in england till they shall be of the allegiance of the king , that is by endenization : so glanvil l. . cap. . salva side debita domino regi & heredibus suis , that is , saving our faith or allegiance due to the king and his heires : so littleton l. . in chap. homage , where i doe my homage to my lord , salve le foy du a nostre senior le roy , saving the faith which i owe to our lord the king ; and in the statute of . e. . de natis ultra mare , these words ( faith and allegiance ) are coupled together as signifying one thing ; sometimes it is called obedientia regis , our obedience to the king , as in the bookes of . e. . . . r. . . and in the statutes of h. . . cap. . and . h. . . and in the booke of . ass . pl. . it is called ligealty , but by what name soever it bee called , whether faith , obedience , ligealty , or allegiance , all is one , it is due still from us subjects to our sovereigne lord the king : by the statute of r. . cap. . and . r ▪ . cap. . . h. cap. . and many other , the people are called liege people ; and by the statute of . h. . cap. and . h. cap. . and divers other , the king is stiled liege lord of his subjects , and these that are bound under the kings power are called his naturall leige-men , as in the . h. . fitz. title dower , and . e. . cap. . so that i may conclude upon these authorities , that ligeantia est vinculum fidei domin● regi , our allegiance is the bond of our faith to the king ; which being so , wee may well say of it as sir edward cooke doth , that ligeantia est legis essentia , our allegiance is the essence of the law , and so it hath been often and sundry times declared by many & sundry , wise , temperate and well advised parliaments of england . the government of kings in this isle of britain , hath been very ancient , even as ancient as history it self ; for those who deny the story of brutus to be true , doe finde out a more ancient plantation here under kings , namely under samothes grandchilde to japhet the son of noah , from whom the ancient britaines that inhabited this land , are according to their conceits descended : kings or monarchs of great britaine had and did exercise far more large and ample power , and did claime greater prerogatives over the people under their government and jurisdiction , then the kings of england have done since the norman conquest , as it is to be seen at large both in the brittish chronicles and records of these times , and in our english histories , and may also be gathered out of the writings of the romans who invaded this island , and lived here upon the place : and i doe not finde that ever the people of brittaine made any of their kings by election of voices , or put them out at pleasure , but that the kingly government and right of the crowne , descended alwayes by hereditary descent and succession , though in that infancy of law and right it may be suspected that there was not so much regularity of justice or observation of right , as in these latter & more refined ages hath or ought to be : i may boldly affirm , and it cannot be denyed by any ●●at hath read all the chronicles and statutes of this realme , that there hath beene any king of england since the conquest , that hath not beene acknowledged by both houses of parliament , of their severall times , to be soveraigne lords of this realme , and their soveraigne lords too , although that some of those kings were onely reges de facto , and not de jure , kings onely in fact and not of right , and such as by the lawes of england had no right to the crowne ; and all the parliaments since the conquest , have acknowledged that the crowne of england , and the government of the realme hath belonged to the kings , of hereditary right , and not by election ; some of these parliaments , in more expresse and perticular manner then the rest : and they of later times , more amply then the ancient . by the statute called dictum de kenilworth , made . h. . king hen. . is acknowledged to be lord of the realme , in the statutes made at gloucester , in the sixth yeare of the raigne of king e. . king edw. ▪ is acknowledged by the parliament , to bee their soveraigne lord , and so was king edw. . king edw. . king rich. . and all the kings since , by all parliaments held in their severall raignes ; as to the studious reader of the acts of parliament , made in their severall times will appeare : by a parliament held at westminster , anno . edw. . it is acknowledged to belong to the king through his royall signiory , streightly to defend force of armour and all other force against the peace of the kingdome , at all times when it shall please him , and to punish them which shall do contrary , according to the lawes and usages of this realme , and that thereunto they were bound to ayde him , as their soveraigne lord , at all seasons when need should be : in the raigne of king edw. . the two spencers , hugh the father , and hugh the sonne , to cover the treason hatched in their hearts , invented this damnable and damned opinion , as it i● stiled in calvines case : that homage and oath of legeance , was more by reason of the kings crowne ( that is his politique capacity ) then by reason of the person of the king , upon which opinion , they inforced execrable and detestable conseque●●s . first , that if the king do not demeane himselfe by reason , in the right of his crowne , the peers are boundly oath to remove the king . secondly , seeing the king could not be removed by suit of law , that ought to be done by aspertee , which is as much as to say , by force , and war . thirdly , that his lieges were bound to governe in ayde of him , and in default of him : all which opinions were condemned by two parliaments ; one held in the raigne of king edward the second ; the other in the first yeare of king edward the third , cap. . as by the old printed statutes appeares : by the statutes of . edw. . cap. , it is ordained , that if a man shall compasse or imagine the death of our soveraigne lord the king , or of my lady his queene , or of his eldest sonne ; or if any man levy warre against the king in his realme , or bee adhered to the kings enemies , giving to them ayde or comfort in the realme or elsewhere , &c. it shall be judged treason . it is reported to us by sir edward coke , in the fourth part of his institut . called the jurisdiction of courts , pag. . that rot●l● parliament . anno ▪ . edw. . num . . it was then agreed in parliament , that the statute made , . edw. . should be repealed , and lose the name of a statute , as contrary to the lawes and prerogative of the king . it appeares , rot. parlia. . num . . called lex ●● consuetudo parliamenti , cited by sir edward coke , in the fourth part of his institutes , pag. . & . that the lords and commons in full parliament , did declare , that they could not assent to any thing in parliament , that tended to the disherison of the king and his crowne , whereunto they were sworne ; by the statute of . rich. . cap. . king richard the second , is by the parliament called their redoubted soveraigne lord , and the people his liege people ; and by parliament in the body of that act ; it is acknowledged , that the crowne of england hath beene so free at all times ; that it hath been in subjection to no realme , but immediately subject to god , and to none other in all things touching the regall●ty of the same crownel ; notwithstanding , that afterwards warres was lovyed against him by his subjects , and he was against all law and right , deposed , or enforced to make a surrender of his crowne , or at least they pretended he did so , though some hystorians doubt whether he ever consented to it , being murthered , to make way for king hen. . who had very small pretents to the crowne , as men learned in the lawes of this realme have in all time since held ; which kind of disposing of the kings person , i hope and beleeve is not meant by them , and which horrid act ▪ though it gave some present security , to some particuler persons that were then active ▪ in his destruction : yet it cost this kingdome in generall very deare , in the expence of blood and treasure in the succeeding times , by bloody civill warres , wherein the decay of men by those warrs was so great , that many judicious historians are of opinion , that the number of men lost in those warres , was not recruited or made up by a following progeny , till the beginning of king james his raigne ; and it is to be feared that this blood is not expiated and dryed up in this land : the gates of janus temple being opened , both without the kingdome and within , for the space of an hundred yeares and upwards , till by gods great goodnesse there came to be an union of the rights of the two houses of york and lancaster to the crowne of england , in king hen. . and queene elizabeth his wife , though that till neare the middle of his raigne , the sword was not altogether sheathed ; but there were some counterfeit pretenders to the crowne , which stirred the unconstant multitude to sundry rebellions , which after some time of rest from those civill broyles , the king , lords , and commons in parliament , upon full experience and consideration of the troubles past , for the prevention of the like in future times , thought fit to revive the ancient lawes of the realme , and to declare that by act of parliament , which was and had beene a fundamentall law of the land , and was before part of the common law , thereof to enact and declare in the eleventh yeare of the said kings reigne , in the first chapter of the statutes made in parliament in the said yeare , in these words . anno vndecimo henrici septimi . the king our sovereigne lord , calling to his remembrance the duty of allegiance of his subjects of this realme , and that they by reason of the same , are bound to serve their prince , and sovereigne lord for the time being in his warres , for the defence of him and the land , against every rebellion , power , and might , raised against him , and with him to enter and abide in service , in battaile , if case so require , and that for the same service , what fortune ever fall by chance in the same battaile , against the minde and will of the prince , as in this land sometimes passed , hath been seene , that it is not reasonable but against all lawes , reason , and a good conscience , that the said subjects going with their sovereigne lord in warres , attending upon him in his person , or being in other places by his commandement , within this land or without , any thing should lese or forfeit for doing their true duty and service of allegiance : it is therefore ordeyned , enacted , and established , by the king our sovereigne lord , by the advice and assent of the lords spirituall , and temporall , and commons in this present parliament assembled , and by authority of the same , that from henceforth no manner of person or persons whatsoever he or they be , that attend upon the king and sovereigne lord of this land for the time being , in his person , and doe him true and faithfull service of allegiance in the same , or bee in other places by his commandement in his warres , within this land or without , that for the said deed and true duty of allegiance , he or they be in no wise convict , or attaint of high treason , ne of other offences for that cause , by act of parliament or otherwise by any processe of law , whereby he or any of them shall forfeit life , lands , tenements , rents , possessions , hereditaments , goods , chattels , or any other things , but to be for that deed and service , utterly discharged of any reparation , trouble , or losse : and if any act or acts , or other processe of the law hereafter thereupon for the same happen to be made contrary to this ordinance , that then the act or acts or other processe of law whatsoever they shall be , stand and be utterly voyde : provided alway , that no person or persons shall take any benefit or advantage by this act , which shall hereafter decline from his or their allegiance . and sir , here i desire to know your opinion in your indifferent judgement upon this law , whether i need to sue out any pardon , or compound for mine estate , having done nothing but the duty of myne allegiance to my naturall king . by the statute of . hen. . cap. . it is expressed that by diverse sundry old authentique histories , and chronicles , it is manifestly declared that this realme of england is an empire , and so hath been accepted in the world , governed by one supreame head , and king , having the dignity and royall estate of the imperiall crowne of the same , unto whom a body politick , compact of all sorts and degrees of people , divided in tearmes and by names of spiritualty and temporalty beene bounden , and given , to beare next to god a naturall and humble obedience , he being also instituted and furnished by gods goodnesse , with plenary , whole , and intire power , preheminencie , authority , prerogative , and jurisdiction , to render and yield justice , and finall determination to all manner of folkes , resiants , or subjects within this realme , in all causes , matters , debates , and contentions , happening or accruing , within the lymits thereof : by the statute of . hen. . cap . it is declared in ●u●l parliament , that king henry . was justly , and rightfully ought , to be supreame head of the church of england , and that he being their sovereigne lord , his heyres and successors kings of this realme should be so accepted and taken , and should have and enjoy , as united and annexed to the imperiall crowne of this realme , as well the title and stile thereof , as all honours , dignities , preheminencies , jurisdictions , priviledges , authorities , immunities , profits , and commodities , to the said dignitie of the same supream head of the said church belonging or in any wise appertaining : which statute was confirmed and inlarged in some perticulars , by the acts of parliament of . hen. . cap. . and . hen . cap. . by the statute of . hen. . cap. . the parliament moved king hen. . to foresee and provide for the profit and surety both of himselfe and of his most lawfull succession , and heyres , upon which depended all their joy and wealth ; and in whom they acknowledged was united and knit the onely meere true inheritance , and title of this ▪ realme , without any contradiction : ( wherefore wee say they ) your said most humble and obedient subjects in this present parliament assembled , calling to remembrance the great divisions which in times past have beene in this realme , by reason of severall titles pretended to the imperiall crowne of the same , which sometimes , and for the most part ensued by occasion of ambiguity and doubts , then not so perfectly declared , but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence , contrary to the right legallity of succession , and posterity of the lawfull kings and emperors of this realme , whereof hath ensued great effusion of mans blood , as well of a great number of the nobles , as other of the subjects of the realme , &c. by the statute of . hen. . cap. . intituled , an act for recontinuing of certaine liberties and franchises heretofore taken from the crowne , it is thus enacted , . hen. . where diverse of the most antient prerogatives and authorities of justice appertaining to the imperiall crowne of this realme , have been severed and taken from the same by sundry gifts of the kings most noble progenitors , kings of this realme , to the great diminution and detriment of the royall estate of the same , and to the hinderance and great delay of justice : for reformation whereof , be it enacted by authority of this present parliament , that no person or persons of what estate or degree soever they be of , from the first day of july which shall be in the yeare of our lord god , . shall have any power or authority to pardon or remit any treasons , murders , manslaughters , or any kinde of follonies , whatsoever they be . not any accessaries to any treasons , murders , manslaughters , or fellonies , or any utlayers , for any such offences aforesaid , committed , perpetrated , done , or divulged , or hereafter to be committed , done , or divulged , by or against any person and persons , in any part of this realme , wales , or the marches of the same , but that the kings highnesse , his heyres and successors , kings of this realme , shall have the whole and sole power and authority thereof , united and knit to the imperiall crowne of this realme , as of good right and equity it appertaineth ; any grants , usages , prescription , act or acts of parliament , or any other thing to the contrary hereof notwithstanding . out of which statute i collect that no pardon whatsoever , but the kings , can free me from his punishment , if i have offended him against my allegiance ; by the reading of which statute , i doubt not but you will be satisfied , that i neede not take a pardon from both houses of parliament ; and if i should i can do my selfe no good by it , but i should thereby make my selfe a traytor upon record , to mine owne perpetuall shame and ruine : for every pardon ( you know ) if it be sued out before conviction , is a confession of the fault , and if pardon be not good in law , ye● it being a matter of record , the treason thereby stands confessed , and the kings attourny may in after times take advantage of it , because i have confessed it by suing out the pardon . and it is also enacted by the authority of the said parliament , that no person or persons , of what estate , degree , or condition soever they bee , from the said first day of july , shall have any power or authority to make any justices of oyre , justices of assise , justices of peace , or justices of gaole-delivery , but that all such officers and ministers shall be made by letters patents under the kings great seale , in the name , and by authority of the kings highnesse , and his heyres kings of this realme , in all shires , counties , counties palatine , and other places of this realme , wales , and marches of the same , or in any other his dominions , at their pleasure and wills , in such manner and forme as justices of eire , justices of assise , justices of peace , and justices of goale-delivery , be commonly made in every shire of this realme , any grants , usages , prescription , allowance , act , or acts of parliament , or any other thing or things to the contrary thereof , notwithstanding . by the statute of . edw. . cap. . it is acknowledged that all authority of jurisdiction spirituall and temporall , is derived and deducted from the kings majestie , as supreame head of the realme ; and that no ecclesiasticall court can be held within the realme , but by authority from his majestie . by the statute of . and . edw. cap. . it is recited , forasmuch as it is most necessary both for common pollicy and duty of the subjects , above all things , to prohibit , restraine , and extinct all manner of shamefull slanders , which might grow , happen , or arise to their sovereigne lord the kings majestie , which when they be heard , seene or understood , cannot but be odible and abhorred of all those sorts that be true and loving subjects , if in any point they may doe , or shall touch his majesty , upon whom dependeth the whole unity and universall wealth of this his realme , &c. by the statute made in the second parliament , of the first yeare of queene mary cap. . it is acknowledged that the imperiall crowne of this realme , with all dignities , honours , prerogatives , authorities , jurisdictions , and preheminences whatsoever , to the same united or annexed , were descended unto queen mary , and that by force and vertue of the same , all regall power , dignity , honour , prerogative , preheminency and jurisdiction , did appertaine , and of right ought to appertaine unto her , as to the soveraigne supreame governour and queene of this realme : by the statute of primo eliz. cap. . the queenes right , as belonging to the crowne of england , and are restored to her , and the oath of supremacie enacted and then made ; and by another act made the same parliament cap. . intituled an act of recognition of the queenes highnesse title to the imperiall crowne of this realme , the whole parliament acknowledgeth the queenes right to the crowne by lawfull discent and succession , both by the lawes of god , and the lawes and statutes of this realme , with all the rights , prerogatives , preheminencies , and jurisdictions whatsoever , belonging or appertaining to the same , binding themselves therein by solemne oath , to maintaine " the title of her and her heyres thereunto : neither can i omit to remember that famous and never to bee forgotten act of recognition of his right to the crowne of england , made to king james our kings father in full parliament , in the first yeare of his reigne , which that it may the more clearely appeare what it is , i have here transcribed at large , without addition or diminution of word or syllable , as an act to the observance whereof , i am obliged , and was bound in the loynes of myne ancestors , who were then representatively present in the same parliament , which act of parliament is thus intituled , a most joyfull and just recognition of the immediate lawfull and undoubted succession , descent and right to the crowne : the act it selfe is printed in the statutes at large , in these words . anno primo . iacobi regis . great and manifold were the benefits ( most deare and most gracious sovereigne ) wherewith almighty god blessed this kingdome and nation , by the happy union and conjunction of the two noble houses of yorke and lancaster , thereby preserving this noble realme , formerly torne and almost wasted , with long and miserable dissention and bloody civill warres . but more inestimable and unspeakable blessings are therby powred upon us , because there is derived and growne from and out of that union of those two princely families , a more famous and greater union ( or rather a reuniting ) of two mighty famous and ancient kingdomes ( yet anciently but one ) of england and scotland , under one imperiall crowne , in your most royall person , who is lineally , rightfully , and lawfully descended of the body of the most excellent lady margaret , eldest daughter of the most renowned king , henry the seaventh , and the high and noble princesse queene elizabeth his wife , eldest daughter of king edward the fourth : the said lady margaret , being eldest sister of king henry the eight , father of the high and mighty princesse , of famous memory , elizabeth late queene of england . in consideration whereof , albeit we your majesties most loyall and faithfull subjects of all estates and degrees , with all possible and publique joy and acclamation by open proclamations , within few howres after the decease of our late sovereigns queene , acknowledging thereby , with one full voyce of tongue and heart , that your majestie was our onely lawfull and rightfull leige lord and sovereigne , by our unspeakable and generall rejoycing , and applause at your majesties most happy inauguration , and coronation : by the affectionate desire of infinite numbers of us of all degrees , to see your royall person , and by all possible outward meanes have endeavoured to make demonstration of our inward love , zeale , and devotion to your excellent majesty , our undoubted rightfull leige sovereigne lord and king : yet as we cannot doe it too often or enough , so can there be no meanes or way so fit , both to sacrifice our unfained and hearty thankes to almighty god , for blessing us with a sovereigne , adorned with the rarest gifts of minde and body , in such admirable peace and quietnesse , and upon the knees of our hearts , to agnize our most constant faith , obedience , and loyalty to your majesty , and you royall progenie , as in this high court of parliament , where all the whole body of the realme , and every particular member thereof , either by person , or by representation ( upon their owne free elections ) are by the lawes of this realme , deemed to be personally present . to the acknowledgment whereof to your majestie , wee are the more deeply bounden and obliged , as well in regard of the extraordinary care and paines , which with so great wisedome , knowledge , experience , and dexterity , your majestie ( fithence the imperiall crowne of this realme descended to you ) have taken for the continuance and establishment of the blessed peace , both of the church of england in the true and sincere religion , and of the common-wealth , by due and speedy administration of justice , as in respect of the gracious care , and inward affection , which it pleased you on the first day of this parliament , so lively to expresse by your owne words , so full of high wisedome , learning , and vertue , and so repleate with royall and thankfull acceptation of all our faithfull and constant endeavours , which is and ever will bee to our inestimable consolation and comfort . we therefore your most humble and loyall subjects , the lords spirituall and temporall , and the commons in this present parliament assembled , doe from the bottome of our hearts yield to the divine majesty all humble thankes and praise , not onely for the said unspeakable and inestimable , benefits and blessings above mentioned , but also that he hath further inriched your highnesse with a most royall progeny of most rare and excellent gifts , and forwardnesse , and in his goodnesse is like to increase the happy number of them : and in most humble and lowly manner doe beseech your most excellent majesty , that ( as a memoriall to all posterities , amongst the records of your high court of parliament , for ever to endure ) of our loyall obedience , and hearty and humble affection ; it may be published and declared in this high court of parliament , and enacted by authority of the same . that we ( being bounden thereunto both by the lawes of god and man ) doe recognise and acknowledge , ( and thereby expresse our unspeakable joyes ) that immediatly upon the dissolution and decease of elizabeth late queene of england ; the imperiall crowne of this realme of england , and of all the kingdomes , dominions and rights belonging to the same , did by inherent birth-right , and lawfull and undoubted succession , descend and come to your most excellent majesty , as being lyneally , justly , and lawfully , next and sole heyre of the blood-royall of this realme , as is aforesaid : and that by the goodnesse of god almighty , and lawfull right of descent under one imperial crown , your majesty is of the realmes and kingdomes of england , scotland , france , and ireland , the most potent and mighty king , and by gods goodnesse , more able to protect and governe us your loving subjects , in all peace and plenty , then any of your noble progenitors ; and thereunto we most humbly and faithfully doe submit and oblige our selves , our heyres and posterities for ever , untill the last drop of our bloods be spent : and doe beseech your majesty , to accept the same as the first fruits in this high court of parliament , of our loyalty and faith to your majesty , and your royall progeny and posterity for ever : which if your majesty shall be pleased , ( as an argument of your gracious acceptation ) to adorne with your majesties royall assent ( without which , it can neither be compleat and perfect , nor remaine to all posterity , according to our most humble desires , as a memoriall of your princely and tender affection towards us ) we shall adde this also to the rest of your majesties unspeakable and inestimable benefits . and by the statute of . jaco . cap. . by which statute the oath of allegiance is injoyned : it is declared , that if any person shall put in practice to absolve , perswade , or withdraw , any of his majesties subjects from their obedience to his majesty , his heires , or successors , or to move them , or any of them , to promise obedience to any other prince , state , or potentate , that then every such person , their procurers , counsellers , ayders , and maintainers , shall be adjudged traytors : and doe not the parliament , both in the first , and third yeare of this king , acknowledge king charles ; nay even in the petition of right , and in every parliament since to be their sovereigne lord ? can it then be doubted ( upon due consideration had of the fore-mentioned acts of parliament , and the severall declarations made by the parliaments of all ages ) that the right of the crowne , is an hereditary right , and that king charles is our lawfull sovereigne lord , and supreame governour of the realmes , or that allegiance is not due to him from all states of this kingdome , and from every one of his subjects within the same ? surely no , if you thinke that there can be any , i desire you will please to returne me the legall reasous of your opinion therein , upon consideration had of these statutes , and why the power of both houses of parliament , is above the kings ; neither are the prerogatives afore cited due to him by the acknowledgment , recogniscions , and declarations of parliament onely , but these are due unto him by the common fundamentall and municipall lawes of this realme , according to the testimony of the learned writers of the law in all ages , and by the continuall language and judgements of the sages of the law in all preceding kings reignes , since we have had bookes and reports of the law published : for first it appeares by the ancient treatise , called modus tenend● parliamentum , which is a part of the common law of the land : and as sir edward coke , . part of his institutes , page . observes , was made before the conquest , and rehearsed unto king william at his conquest , who approved of the same ; and according to the forme of it , held a parliament , ( as ti is reported to us in the yeare booke of . ed. . fol. ) that the king is caput principium & finis parliamenti , the king is the head , the beginning and the end of the parliament ; and by the booke of . hen. , fol. . it is held , that it is no statute , if the king assent not to it : and that the king may disassent ; and by andrew hornes booke , called the mirrour of justices , which was written in the time of king edward the second ▪ it is said that they are guilty of perjury , that incroach any jurisdictions belonging to the king , or ●alsifie their faith due to him : bracton who wrote in the time of king henry the third , ( a learned author of the lawes of england ) lib. . cap. , sect. . hath these words , rex habet potestatem & jurisdictionem super ●mnes qui in regnosuo sunt , ea que sunt jurisdictionis & pacis ad nullum pertinent , nisi ad regiam dignitatem , habet etiam coertion●m ●t delinquentes puniat & coerceat ; the king , saith he , hath power and jurisdiction over all men which are in his kingdom ; those things which are either of jurisdiction or peace , belong to none but to the kingly dignity , he hath like wise a constraining power to punish delinquents ; and lib. . cap . he saith , that treasons , felonies , and other pleas of the crowne , are propriae causae regis , are causes belonging to the kings punishment onely ; and in his fift sect. of the same fourth booke , saith thus , omnis sub rege & ipse sub nullo , nisitantum deo , non est inferior sibi subjectis , non parem habet in regno : in english thus , every man is under the king , and he under none but god alone , he is not inferiour to his subjects , he hath no peere in his realme : and in his fift booke , in his third treatise of default , cap. . he saith thus , rex non habet superiorem nisi deum , satis habet ad penam quod expectat deum ultorem , the king hath no superiour but god alone , and it is sufficient punishment for him because he must expect god to bee the revenger , if he doe commit wrong : it is said in plowdens commentaries , fol. . that the king hath the sole government of his subjects , and fol. . as also in calvins case ▪ that allegiance is due to the naturall body of the king ; and fol. . it is said , that the naturall body of the king , and his politique , make but one body ; for as long as the naturall body lives , the politique is inherent , being meerely imaginary and invisible as it is said in calvins case ; whereupon i inferre , that the kings politique capacity ( his body being absent ) is not in the parliament . and in . eliz. plowdens . it 's affirmed , that the law makes not the servant greater then the master , nor the subject greater then the king , for that were to subject order and measure ; since therfore the king hath so undoubted a right to the crowne , and is my lawfull sovereigne , and mine allegiance is due unto the kings person , by the law of the land , recognized and acknowledged in so many severall parliaments in all ages , and confirmed by so many undeniable authorities in law , reported in our books , and since it stands proved , that mine allegiance is due unto his naturall person , both by the law of god , nature , and the law of the land , and can neither be abjured , released , or renounced , being inseparable from the person of the king , and indispensably due from me to him ; i conclude that the oath which binds me , if i take it , and keep it , to withdraw mine allegiance from my leige lord the king , is against the law of the land , and in taking it , i not only make an absolute breach upon the law of the land , but also in my judgement i doe thereby incurre the crime of perjury by the law , in falsifying my faith and allegiance to his majesty king charles , gods anointed , and crowned my naturall liege lord , sovereigne , and my lawfull king , both by descent , coronation , investure , and undoubted right , which is not onely due to him by the law of the land from every of his subjects , but every one of them is to take this following oath for performance of it . viz. you shall sweare that from this day forwards you shall be true and faithfull to our sovereigne lord king charles , and his heyres , and faith and truth shall beare to him of life and member and terrene honour , and you shall neither know nor heare of any ill or dammage intended unto him , that you shall not defend , so helpe me almighty god . which forme of oath every subject by the common law is bound to take , as appeares by britton . edw. . cap. . and by andrew horne in the mirrour of justices , pag. . and in calvins case as by perusall of their bookes will appeare , and by diverse others which for brevities sake i omit . and now sir , i desire to know your opinion likewise , whether that by the common law , both houses of parliament are in power above the king , or where their legall power to dispose of his majesties person , other then to his honour and good , according to their duty , oathes , protestations , covenants , and declarations , and obedience is to be found . i come now to prove that this oath is against the law of reason , the law of reason saith doctor and student , cap. . is written in the hearts of every man , teaching him what is to be done , and what is to be fled : and because it is written in the heart , therefore it may not be put away , nor is it ever changable by any diversity of place or time ; and therefore against this law , prescription , statutes , or customes may not prevaile ; and if any be brought in against it , they be no prescriptions , statutes , nor customes , but things done against justice and voyd ; and in this it differeth from the law of god , for that the law of god is given by revelation from god ▪ almighty , and this law is given by a naturall light of understanding , and is given principally to direct our actions by , for the obtaining of felicity in this life , so us we guide them onely by the rule of justice : this law instract●th us , saith the same author , that good is to be done , and evill is to be avoided , that thou shouldest do● to another , that which thou wouldest another should doe to thee : that justice is to be done to every man and not wrong : that a trespasse is to be punished & such like : is it so then , that the law of reason directs me that good is to be done , and evill is to be avoyded ? i then conclude that this oath is against this law ; for if i by this oath shall withdraw mine allegiance and subjection to my king from him , i lose the benefit or good i should have by his protection : for the rule in law is , quod subjectio trahit protectionem , quia rex ad tutelam legis corporum & bonorum erectus est as fortescue lib. de laudibus legum angliae , c. . obedience of the subject drawes protectiō from the king , the king being ordained for the defence of the law , & the bodies , & goods of his subjects . the holy scriptures informe me , that i must obey my king for conscience sake , and this law teacheth me , i must avoid evill ; but it is evill for me to obey men in taking this negative oath which enjoynes me not to obey my king , rather then god , who enjoynes that duty of obedience , therefore i conclude that this oath is against the law of reason . this law teacheth me to doe as i would men should doe unto me , but if i were a king i would not be dispoyled of the duty and service of my subjects ; therefore this oath enjoynes me to a thing against the law of reason : it is injustice and wrong to take away the kings right by this law ; but this oath bindes me to take away his right and doe him wrong , therefore in this particular also this oath is against the law of reason . and lastly this law of reason teacheth me , a trespasser is to be punished , it teacheth me also to understand that to take this oath is to trespasse upon my kings interest in me as i am his subject ; to trespasse upon his lawes as i am de jure under his government , and to trespasse upon his patience and goodnesse , if he doe not hereafter punish me for it : therefore i conclude this oath is against the law of reason . the law of reason generally taken , is a directive rule unto goodnesse of operation , saith hooker : so that by this law wee ought to direct all our actions to a a good end , but by taking this oath i direct not my actions to a good end ; therefore i am not to take this oath by this law : the law of reason saith sophocles is such that being proposed , no man can reject it as unjust and unreasonable , but the king may reject this manner of imposing of oathes upon his subjects whereby he isdeprived of their aid and assistance without his assent : and the subjects may reject this oath as unreasonable and unjust ; because if they take it , they are thereby bound either to breake their oath , which is a grievous sin , or to lose the benefit of protection , which by the lawes they may claime , and ought to have from their naturall lawfull and sovereigne liege lord , and king ; therefore this oath is against the law of reason . lastly , whereas the law of reason is never changeable by any diversity of place or time , and whereas mine allegiance is due to my sovereigne in all places , in all cases , and at all times , i am forbidden by this unchangeable law , to change so unchangeable and unalterable a duty by such an unwarrantable oath in these changeable times . to conclude all in this point , as it is against reason to take this oath ; so it is against reason to require it of me , for it is most unreasonable to offer any christian man such an oath as that by taking of it , he must by perjury , and sin of presumption ( as he is perswaded ) destroy his soule , or by refusing of it , because it is against his conscience to take it , either by perpetuall imprisonment or starving , destroy his body and estate . and it is likewise most unreasonable for any men to offer this oath to another that have not taken it themselves : for by the rule of the civill law , l. in aren. quod quisque , which is a branch of the law of reason , quod quisque juris in alium statuerit ipsum quoque uti debere : no man ought to impose a law upon another , which he himselfe hath not submitted unto . i come now in the next place to make it appeare that i cannot take this negative oath with a good conscience . conscience , as doctor and student well observes , l. . cap. . t is the direct applying of any science or knowledge to some particular act of a man , and of the most perfect and most true applying of the same to a mans particular actions , follow the most perfect , the most pure , and the best conscience ; which enabled st. paul by his right applying of the law of god to the actions of his life , with confidence to plead his cause before the counsell , and to cry out , men and brethren , i have in all good conscience served god unto this day , acts . . and in the . being accused before felix by the jewes , saith , but this i confesse unto thee , that after the way which they call heresie , so worship i the god of my fathers , beleeving all things which are writ in the law & the prophets . and herein i indeavour my selfe to have alwaies a cleere conscience towards god , and towards men : whereby it is cleerly proved that the applying of the scriptures , and the knowledge of divine truth to the actions of ourlives , is , and ought to be , the only direction to our consciences ; it is expedient then for the clearing of this point , that i should set forth and consider the actions of my 〈…〉 to this particular which concernes some allegiance : ●●●● then i doe well remember that when i was matriculated in the university , i was sworne to be a faithfull and true subject ●o the king , and to beare him ●●ue allegiance : secondly , i have taken th●… of oath , which i have particularly s●● downe before , th●● i w●… and ●●●● bear● to him of life and m●… , and terre●… . thirdly , i have foure times taken the oath 〈…〉 enjoyned by the statute of . eh● . cap. . and three 〈…〉 oath of allegiance enjoyned by the statute iac. cap. . it rests now that i should apply that divine knowledge and science , which i have obtained ●y reading of the scriptures , to th●se actions : first ▪ then an oath is to be carefully weighed before we take it , ●…ch as 〈…〉 duty towards our king , and 〈…〉 e●●les . ● ec●… pre●c●e● , adviseth me thus , 〈…〉 of the ●●o●●h of the king , and to the oath of 〈…〉 , upon which plac●… thus gl●sse , that is , ●… king , ●●● keepe the oath that thou hast made for that cause . 〈…〉 zachary gives us this commandement from god , zach ▪ ●●t none of you imagine evill in your hearts against his neighbour , and love no false oath , for all these are the things that i hate , saith the lord : and our blessed saviour in his sermon in the mount , matth. . . delivers me this prec●p ▪ thou shalt not for sweare thy selfe , but shalt performe thy oathes to the lord : by applying of these scriptures to my former oathes , i finde i cannot take this negative oath without a great sinne against god , and trespasse against my conscience : for having bound my selfe by so many severall former oathes made to my king , to pay unto him mine allegiance , faith ▪ and truth to him , of life and member , and terre●●● honour , and acknowledged him to be supreame governour of this realme ; how can i now withdraw mine allegiance from him , or sweare that i will not aide or assist him , o● adhere unto him by this latter ? without manifest perjury , breach of myne oath to the king , and by taking of a false oath , or the name of god in vaine by a questionable authority imposed upon me , contradictory to those oathes which by undoubted and lawfull power agreeable to the lawes of god and the realme , i have already bound my conscience to the observance of : it fareth not with us in oaths , as it doth in cases of lawes , quod leges posteriores priores contrarias abrogant , that the latter lawes repeale the former that are contrary unto them : for in the case of lawes , the rule is admitted to bee true , where both are constituted and made by the same power , but it is cleane contrary in the case of oathes : for when a man hath taken a lawfull oath , by and from a lawfull authority , though it be grounded upon humane or positive law onely , as upon a statute or the like , that oath is binding to his conscience untill the statute that injoynes that oath be repealed by the same power that made it ; and if he afterwards take a contradictory oath to that former oath before , such repeale , and a lawfull authority to take the same ; that oath which he so takes , is both unlawfull and false ; unlawfull in that it is against the law that warrants the oath , he hath before taken ; and false in regard that he ingages himself by that oath to performe that thing which by the law of god and conscience he is not enabled lawfully to performe ; so that till the lawes that impose upō me the oathes of supremacy and allegiance which i have taken , be lawfully by the same power as they were made , that is to say , by the king , lords , and commons , by act of parliament repealed : and this negative oath by the same power of act of parliament imposed upon me , i cannot submit my conscience to take that oath , without perjury and falshood . againe , when a man hath taken an oath to performe that which by the law of god and nature he is bound to performe , as to obey his king , or to honour his father and mother , this oath can never be abrogated or dispensed withall , nor a man absolved from the duty of observance of it by any power under heaven , and therefore if i shall take any oath contradictory to the former oathes of allegiance and duty to my king , which duty and allegiance belongs to him from me , by the law of god and nature , as before is made manifest , that oath were utterly unlawfull and false , by the lawes of god and nature and against conscience ; i conclude then that in conscience i cannot take this negative oath . i learne likewise by saint paul , heb. . . that men verily sweare by him that is greater then themselves , and an oath for confirmation is an end of all strife : and therefore ioshua ▪ when he had made a league with the gibeonites , though it were grounded upon a fraude on their parts , did omit to question them for it , and forbore to breake the league with them to avoyde strife having confirmed that league with an oath , saying in that case , thus will we doe to them and let them live , least the wrath be upon us , because of the oath which we sware to them , ioshua . . and by that law of an o●h was sh●mei put to death by solomon for walking out of the city contrary to his oath , because he had sworne hee would not goe out of it , which he ought to have observed as a confirmation of his undertaking to solomon , and as an end of their strife , as we find● , kings . . &c. and we finde a notable instance of the punishment of the breaking of the oath of allegiance or subj●ction made by the king of jerusalem to the king of babel , reported unto us by the prophet ezekiel , eze. . . in these words , as i live saith the lord , he that is king ( of ierusalem ) shall dye in the midst of babel , in the place of the king , whose oath he despised , and whose covenant made with him he broke : neither shall pharoah with his mighty hoast and great multitude of people maintaine him in the warre , when they have cast up mounts , and builded rampires to destroy many persons , for he hath despised the oath , and broken the covenant , yet he had given him his hand because he hath done these things he shall not escape . the application of these scriptures to my present purpose i make thus , is it so then that an oath is taken for confirmation ? is it so then that an oath is and ought to bee the end of strife ? is it so that god punisheth the violation of oathes , and that the greatest power on earth cannot protect a man against him , i learne then by the rule of a well informed conscience to discerne , that i ought not to breake my oathes lawfully taken upon any grounds or pretence whatsoever : nay by this oath i finde that if i take it i should in stead of an end of strife in my conscience , incur great vexation , through the horrour of the sinn , as being an act unlawfull , and because by it , i have offended god in the breaking my former oathes lawfully taken , i should raise strife and trouble in my soule and conscience , and great strife and perturbation of minde for feare of punishment . i conclude therefore that i cannot take this oath by the rule of gods law , with a sound and good conscience , against the light whereof , if i should take it , i should declare my selfe either to be an athoist , in thinking there were no god to punish for s● great a wickednesse , or else to imagine that he were either unjust and would not punish , or unable and could not , or so carelesse of the actions of men , that he either not seeth or not regardeth their wicked acts ; which opinion even the very heathens confuted and rejected , as you may finde at large in tullys first booke , de natura deorum : but if i were minded to bee so wicked ▪ as to lay aside all the former considerations of religion , nature , law , reason , and conscience , to gaine my estate , which god forbid ; yet in honour , neither my selfe , nor any that have served his majesty in this late war , can take it , as i conceive : when i speake of honour i meane not that membranall or parchment honour of dignities , and titles conferred upon men sometimes for money , sometimes for affection , sometimes for alliance to favorits , sometimes for flattery , ●u● most commonly more for some sinister respects , then proper 〈…〉 , by letters patents of kings and free princes , but i meane that ●●●●●all honour that is inherent , in every truly noble minde ▪ and direct ▪ it ends alwayes to that which is lundabile & honestum , la●daol● , just , and honest , of which honour the poet juvenall●●i●h thus , nobilitas sola est atque unica virtus , vertue is the onely ●●ue nobility ; and in another place describing this kinde of honour in the person of a father to his son , saith thus , malo pater ibi sit , thersites dummodo tu sis , aeacidae similis vulcaniaque arma capessas , quam tibi thersiti similem producat achilles . that is , that he had rather his son were the son of thersites ( a base and ill conditioned fellow ) and were like aeacides a person of great valour , honour , and justice , then that he were descended of achilles the noblest house of the grecians , and should be such a base fellow as thersites ; the application is easie , it is an honorable minde , which makes a man honourable ▪ and it are his honourable actions , which are the proper effects of vertue , that render a man truly honourable ; and gaine him esteeme : the ethicke philosophers say that honor est plus in honorante quam in he●… , there is more honour in him that gives the honour , then in him that receives it , or is honoured ; and it is true every way : for as there is more honour in a king that bestowes it , then in the subject that receives it from his prince ; so is there more honour proceeds from him that bestowes it in report or esteeme upon him that deserves it for his noble and vertuous actions , then there is in the party deserving it himselfe : and the reason is plaine ; for let a man do never so many honourable actions yet if they are not esteemed ●y others , he reaps not the fruit of his labours , his honour is lesse ( though the actions in themselves be honourable ) then if they were esteemed : this honour and esteeme is the life of every souldier and gentleman , which if he once lose by any voluntary act of his owne , he had as good lose his life . now for any man that hath served the king in his wars , for him to swear that he will no more aide nor assist the king in the war wherein he ingaged himselfe by his oath , and upon his honour to serve him with his life and to his uttermost power , it would lose that souldier his honor and esteeme amongst all sorts of men , amongst his owne party for deserting a cause they hold just amongst the adverse party for lightnesse and inconstancie , as one that would not stand to his principles , he should amongst all men get the opinion of a coward , or a base fellow , that for feare of death , punishment , or perpetuall imprisonment , would be starved into an oath , or ●ut of his allegiance , or of a k●●ve that to redeeme his liber●y would sweare any thing ; therefore least i should gaine such an opinion and lose my esteem in the world ( being now brought into that condition that i must be a souldier ) i cannot take this oath by the rules of honour , and as it is not honourable in me to take it for the reasons aforesaid , so is it against honour that an oath that would bring so much inconveniency of losse of honour and esteeme amongst all men should be offered to any man , quia in juramentis administrandis dantis & recipient is eadem est ratio & idem jus , in administring of oathes the same reason and law ought to binde the giver as well as the receiver : it is also against pollicy either to take or require this oath , the life of a souldier is his honour , when that is lost , his life is as good as lost ; by taking this oath , a souldier loseth his honour , what king , prince , or state , will entertaine that souldier in his pay that hath abjured his naturall sovereigne liege lord , or masters service and allegiance : his owne king will never trust him more , the adverse party will not trust him , nor any other prince or state whatsoever , and therefore in pollicy a souldier ought not to take this oath . and lastly , there is no pollicy in pressing this oath upon any , for the parliament gaines no security by taking it , for i thinke very few of the kings party hold that oath lawfull , and then what security to the parliament in it , since no other thing can be expected from him of the performance of an oath given unto him , that either doubts the power unlawfull that administred it , or that holds the matter or thing he is bound to performe by his oath unlawfull , that then he will keep such an oath no longer then till the first time he hath occasion or oppertunity to breake it ; nay the same religion or new light that hath taught him to break the kings oath will or may teach him to break the parliaments . having now made my doubts according to my conscience , if i come over and be made a prisoner , because i will not take these oathes and covenants , or suffer any other prejudice either in mine estate or person , for declaring my conscience herein , i would , and in the case i am , i will with holy job content my selfe saying , naked came i out of my mothers wombe and naked shall i returne thither , the lord gave and the lord hath taken away ▪ blessed be the name of the lord , job . . comforting my selfe with this of the p●almist , who shall ascend into the hill of the lord , or who shall rise up in his holy place ? even he that hath cleane hands and a pure heart , and that hath not lift up his minde unto vanity , nor sworne to deceive his neighbour , he shall receive the blessing of the lord , and righteousnesse from the god of his salvation , psalm . . ▪ , . and according to the instructions of st. paul . rom . . shall rejoyce in hope , be patient in tribulation , and continue in prayers , strengthened with all might according to gods glorious power , unto all patience and long suffering ▪ with joyfulnesse , colos. . . knowing that all that will live godly in christ jesus shall suffer persecution , tim. . . taking the prophets who have spoken in the name of the lord for ensamples , of suffering affliction and patience , jomes . . and accompting it alwayes thank-worthy , if for conscience towards god , i endure grief , suffering wrongfully , for even hereunto are we called , because christ also suffered for us , leaving us an example that we should follow his steps , pet. . . and in this resolution by gods gracious assistance , in peace of a good conscience , and in all patience will i abide till my dissolution shall come , looking for that blessed hope and appearing of that glory of that mighty god and of our saviour jesus christ , tit. . . chusing rather to suffer adversity with the people of god , then to enjoy the pleasures of sin for a season , heb. . . for what shall it profit a man if he shall gaine the whole world , and lose his owne soule , mar. s. . in this opinion therfore will i abide putting my whole trust and confidence in god my lord which executeth justice for the oppressed , which gives bread to the hungry , and loseth the prisoners , for the lord heareth the poore , and dispiseth not his prisoners , psalme . . and . . to conclude sir , whereas you signifie unto me that you will returne me a satisfactory answer to my doubts , from godly and learned devines , and men of judgement in the lawes of the land , ● desire you that you will please to take advice only from such devines , as neither have renounced their orders , or obedience to their ordinaries , and such that are without partiallity or hypocrisie in this publique cause , and from such judges and learned lawyers as serve not the times , so much as the truth , and such as have not mens persons in admiration because of advantage ; for i must deale plainly with you , that there is great scandall in th●se forraigne parts upon the men of these professions , it being reported of the first , that they goe about to prophane and blespheme the church their mother with stigmaticall imputations of antichristian impieties , and th●● the latter have adulterated the lawes , the nurses that have fed them ; applying them to the humors and ends of those that have put them in authority , and as the proph●● mich. . saith , abhorring judgement , and p●v●rting all equity , in that they take upon them to give sentence of death upon ●●ose that have served his majesty , according to their duty of allegiance in these ●at wa●s , as fellons , when they have but taken an horse or armes for the kings service , though they tooke them from those that were actually in armes against the kings majesty ▪ with an intention only to ayd his majesty against those that had risen up against him , and not animo furan●i , or with a fellonious intent : nay , we heare that some of the judges lately put into commission by both houses of parliament have delivered it for law , that such a one as hath served the king in these late wars ( or any such that they call malignants ) may not sue for their rights , and are incapable to receive justice , though they be neither outlawed or committed , that whatsoever they recover or purchase before they have made their compositions ought to be seized on , and sequestred to the use of the state ; i pray you sir , where , or in what bookes of the lawes of england do you reade of such definition of felony or inhabilities or incapacities of the kings loyall subjects ? mr. littleton who reckons up all the inhabilities of the subjects of england , mentions none such , neither are any such else where to be found : but these men put the kings liege , and loyall people into a worse condition then slaves , villaines , or aliens . and yet they account it lawfull taking , and no depredation when any man that hath served both houses of parliament in this late war hath plundered or taken any mans goods or estate from him , that they did but imagine bare good affection to the king , and give their judgements that it is lawfull to seize , sequester , nay to ●ell away mens estates that have served the king before they have legally convicted them of any offence . o horrible perverting of judgement and justice if this be true , i pray you sir may it not be saied of these men as the prophet amos . . saith , they know not to doe right saith the lord , who store up violence and robbery in their pallaces , that turne judgement into wormewood , and lea●● of righteousnesse in the earth , amos . and are not they such as solomon speakes of , prov ▪ . . that they sleepe not except they have done mischiefe , and their sleepe is tak●n away un●●sse they cause some to fall , for they eat the bread of wickednesse , and drinke the wine of violence , or as david saith , ps. . . that weigh the violence of their hands in the earth . but sin , i speake not this with referrence to you , for i know you to be a man of learning , and i heare that you are a man of moderation , and i desire you since that you have taken that imployment upo● you to continue so : remember your oath that thereby you are to dispence justice indifferently to the kings people , according to the knowne and established lawes of the land , not by arbitrement o● fancy ; consider the infirmity of your commission upon what hath been said before , set before your eyes the mortallity of the judges remooved and put to death by king ●●s●●●● for violence , injustice , and c●rr●p●●●● ac●●d upon the people of this land ●● his ●●me , of whose offences and ●a●a●●●●●s you may read in h●●e his mirrour of justices , behold and weigh the punishment and d●●●●ny of sir thomas weyland , sir r●●ph heng●a● , sir iohn l●●●●o● , sir william b●●mpt●● , sir solomon r●c●●ster , sir ●ic●a●● b●●●●nd , and their fellowes , ●●flected upon them for their injustice by king edw. the 〈…〉 consider the instability of all ●umane estates , thinke not that you are in a sure and unque●●io●able 〈…〉 ; but remember that iob tells you , iob ● . . that the lord loo●●●● the bonds of king● , and guirdeth their loynes wi●● a g●●d●e , and i prov you take the counsell of the w●sem●● , p. o. ● . . boast not thy ●●●fe ●● to morrow , for thou knowest not what a day may ●●ng ●o●th : he ●●k ● to st. iames , j● . go● to now y●e that say to day or to morrow wee will g●e into such a city , and continue there a yeare , and buy , and sell ▪ and get ga●e ? whereas y●● know not when shall be on the morrow for what is ●●●● life , it is even a valour that appeares for a little time , and then v●●●sh ●●●way ? do● just●●● therefore and execute● g●●● ▪ us judgements , rejoyce not in your 〈…〉 , for all such 〈…〉 young i●●v●ll ; and remember with the same apostle , that to him that knoweth ●●●●● good , and doth it not , to him it is sin : i know you are learned in the l●w●● , and a great student in the holy scriptures , i therefore summe up all with these exhortations but of gods holy writ , not only to you , but to all the judges of the ● no , beginning it with the charge given by moses to the judges of israel . heare the causes between your brethren , and judge righteously between every man and his brother , and the stranger that is with him ; yee shall not respect persons in judgement , but you shall heare the small as well as the great , you shall not be afraid of the face of man , for the judgement is gods . deut. . . and with the good king iehosaphat to his judges , cron . take ●eed what you do for yee judge not for ma● , out for the lord who is with you in the judgement : take likewise the prophets instruction , es●y ▪ . . learne to do well , seek ▪ judgement , relieve the oppressed , judge the fatherlesse , plead for the widdow ; and if these serve no● to perswade you , heare gods owne words , levit. . . you shall not do unrighteousnesse in judgement , thou shalt not respect the person of the poore , nor honour the person of the mighty ▪ but in righteousnes shall thou judge thy neighbour ▪ and ●x●d . thou shall not wrest the judgement of the poore in his cause ▪ nay more , follow our blessed saviours precept , jo●. . judge not according to the appearance , but judge righteous judgement , that is according to your oathes , and the knowne and established lawes of the land ; if yee do otherwise , you have our saviours promise that you shall ●e are of it , mat. . . for with what judgement ye judge , yee shall be judged , and with what measure yee m●a●e , it shall be measured to you againe . the adversaries of the lord shall be broken to pieces , out of heaven shall ●e thunder upon them , the lord shall judge the ends of the earth , and shall give strength u●to the king , and exa●t the ho●●●● of his anointed , for god himselfe is judge , psal. . and he shall judge the world in righteousnesse , psal. . . to whose protection i commit you , and to whom with our blessed saviour jesus christ , and the blessed spirit be all honour , and glory , world without end . amen . finis . notes, typically marginal, from the original text notes for div a e- negative oath against the lawe of god negative oath against the law of nature . negative oath is against the law of england . his majesties enlargement of concessions in his last answer touching episcopacy, sent to his two houses of parliament, octob. . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties enlargement of concessions in his last answer touching episcopacy, sent to his two houses of parliament, octob. . england and wales. sovereign ( - : charles i) sheet ([ ] p.) printed for richard lowndes, london : . with engraving of royal seal at head of document. the king consents to the abolition of archbishops, deans, &c., all but bishops. church government to remain unchanged for years, episcopal rule being suspended. he consents to the propositions concerning the great officers, the great seal, the city, and the court of wards, , pounds per annum compensation being paid -- cf. steele. annotation on thomason copy: " ber [i.e. october] ye th". reproduction of the original in the british library. eng church of england -- government -- early works to . england and wales. -- sovereign ( - : charles i) -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no his majesties enlargement of concessions in his last answer touching episcopacy, sent by sir peter killegrew to his two houses of parliament england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r royal blazon or coat of arms his majesties enlargement of concessions in his last answer touching episcopacy , sent to his two houses of parliament , octob. . . he hath particularly consented to the abolishing of arch-bishops , chauncellours , deanes and chapters , &c. and the whole hierarchy save bishops . . vvhereas he did formerly consent to confirme the forme of church government for three yeares ; he hath now expresly consented that no other shall be used , and the exercise of episcopall government shall be wholly suspended during that time . . vvhereas episcopall jurisdiction ( if no other had been agreed on in the mean time ) might have risen up after the three years . he hath now expressed his consent , that none shall be exercised after that time ( other then ordination , which is restrained to the councell and assistance of presbyters ) but such , and in such manner as shall be agreed by him , and his two houses , whereby , untill such agreement ( or if it be not otherwise agreed ) episcopall jurisdiction is wholly laide aside . his majesty also this day consented to the following propositions . . to that for nomination of the great officers of the kingdome , &c. as is desired in the proposition . the nomination of them to be by both houses , during the terme of ten years . . to that concerning the city of london as is desired in the proposition . . to that concerning the great seal , &c. as is desired in the proposition . . to that concerning the court of vvards , &c. as is desired in the proposition . a recompence being assured to his majesty of one hundred thousand pounds per annum to him , his heires and successors . newport , octob. . his majesty conceives , that his former answers to your propositions concerning the church , would have given more satisfaction to his two houses , then is expressed in your papers of the sixteenth and seventeenth of this instant , containing in them ( if considered in their full extent ) . concessions of the most materiall things desired . and therefore , as well for a declaration of his clear intentions by those former answers , as for a further and finall answer to the said preposition and paper of the . his majesty saith as followeth . that albeit , for the reasons expressed in his former paper , he cannot consent to a bill , and the ordinance for abolishing bishops : yet for the satisfaction of his two houses , and setling the publique peace , he will consent to a bill for the taking away of all arch-bishops , chauncellours , and commissaries , deanes , and sub-deanes , deanes and chapters , arch-deacons , canons and prebendaries , and all chaunters , chancellours , tresurers , sub-tresurers , succenters , and sacrists , and all vicars chorall , and choristers , old vicars and new vicars of any cathedrall or collegiat church , and all other their under officers out of the church of england , and dominion of wales , and out of the church of ireland . and further , his majesty will consent to suspend the exercise of all episcopall government for the space of three yeares ; and hath consented , and will consent to confirme the form of church government now presented to him for the said three yeares ; and that no other shall be used during that time . in which time his majesty continues his desire ; that a consultation may be had with the assembly of divines at westminster , ( twenty of his own nomination being added ) to the end , that his majesty and his two houses may within those three yeares informe themselves of the practice of the primitive church in point of episcopacy , and may accordingly agree in limiting the bishops to the councell and assistance of presbyters , and in the exercise of their jurisdiction and increasing their number if it be thought fit . and his majesty will consent , that in case no settlement shall be agreed on within the said three years , then after the said time , the power of ordination shall not be exercised by bishops without the councell , and assistance of presbyters . and that no other episcopal jurisdiction shall be exercised by bishops , but such , and in such manner as shall be agreed on by his majesty and his two houses of parliament . and his majesty doth prosesse , that , if in that time he be convinced , that the function of bishops is not agreeable to the word of god , or that christ commanded any other government , he will most chearfully imbrace that , and take away episcopacy ; but untill he be so convinced , he believes himself bound in conscience , as it is above expressed . the rest of his majesties answer to the proposition concerning religion , as it was this day delivered by him to the commissioners to be transmitted , is the same as that of the ninth instant . his majesty professing that this now was the furthest that he could goe in conscience . london , printed for richard lowndes , . die jovis d. junij, . it is this day ordered by the commons now assembled in parliament, that the severall members of this house, doe forthwith give their attendance upon the publique service of this commonwealth ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis d. junij, . it is this day ordered by the commons now assembled in parliament, that the severall members of this house, doe forthwith give their attendance upon the publique service of this commonwealth ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for joseph hunscott, [london] : . place of publication from steele. reproduction of the original in the british library. "ordered that it be forthwith printed. h. elsynge cler:parl:d:com." eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis d. junij, . it is this day ordered by the commons now assembled in parliament, that the severall members of this house, doe f england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis d . junij , . it is this day ordered by the commons now assembled in parliament , that the severall members of this house , doe forthwith give their attendance upon the publique service of this commonwealth with which they are entrusted by their countreys . and the sheriffs of the severall counties of this kingdom of england and dominion of wales are required to give notice of this order unto all such members of the house of commons as are within their respective counties ; and speedily to make returne of such their doings , unto the speaker of that house : and all such as shall not make their personall apperance by the sixteenth day of this instant iune , in the house of commons , shall each one forfeit one hundred pounds , to be disposed of to the warrs in ireland , and undergo such further censure and punishment as the said house shall thinke fit for so great neglect of their duty in a time that so necessarily requires their assistance . provided alwayes , that all such as are specially imployed by this house , are to remaine in such imployments , untill they shall have particular directions for their returne . ordered that it be forthwith printed . h. elsynge cler : parl : d : com. printed for ioseph hunscott . . at a common councel holden in the guild-hall london on vvednesday the th of december, . city of london (england). court of common council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l m thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) at a common councel holden in the guild-hall london on vvednesday the th of december, . city of london (england). court of common council. alleyne, thomas, sir, fl. . sheet ([ ] p.) printed by james flesher, printer to the honourable city of london, [london] : [ ] aleyn mayor = sir thomas alleyne, mayor of london in - . an order of the common council, for preserving the peace of the city at the forthcoming meeting of parliament. publication date from wing. annotation on thomason copy: "xber [i.e. december]. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . london (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no aleyn mayor. at a common councel holden in the guild-hall london on vvednesday the th of december, . city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion aleyn blazon or coat of arms mayor . at a common councel holden in the guild-hall london on wednesday the th of december , . whereas this court upon the hearing of the report made by the committee appointed to confer with the lord fleetewood touching the safety and peace of this city , have received information ( amongst other things ) that a parliament shall be called with all convenient speed for the settlement of this nation ; and thereon to act without any disturbance from the army : it is therefore ordered by this court , that every member thereof do repair to the several housholders within their respective wards and precincts , requiring them to use all diligence to prevent all commotions , and to preserve the peace of this city , and in order to their own defence and the safety of the city , to come forth when by the lord mayor and sheriffs of this city they shall be commanded : and this court doth hereby most strictly require and command all masters of families within this city , to keep in their sons , apprentices and other servants , to forbear any meetings and concourse in the streets in any tumultuous way whereby the peace of this city may be disturbed : and this court do hereby declare , that they are fully resolved ( by gods assistance ) by all lawful means to defend themselves and this city to their utmost , against all persons whatsoever , that on any pretence shall disturbe the peace of this city . sadler . printed by james flesher , printer to the honourable city of london . a letter from a person of quality to his friend in the country shaftesbury, anthony ashley cooper, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from a person of quality to his friend in the country shaftesbury, anthony ashley cooper, earl of, - . locke, john, - . [ ], [i.e. ] p. s.n.], [london : . written by shaftesbury. also ascribed to john locke. cf. halkett & laing ( nd ed.). place of publication from wing. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. church and state -- england. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - aptara rekeyed and resubmitted - ben griffin sampled and proofread - ben griffin text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a person of quality , to his friend in the country . printed in year , . a letter from a person of quality , to his friend in the country . sir , this session being ended , and the bill of the test neer finished at the committee of the whole house ; i can now give you a perfect account of this state master-piece . it was first hatch't ( as almost all the mischiefs of the world have hitherto been ) amongst the great church men , and is a project of several years standing , but found not ministers bold enough to go through with it , un●il these new ones , who wanting a better bottom to support them , be●ook themselves wholly to this , which is no small undertaking if you consider it in its whole extent . first , to make a distinct party from the rest of the nation of the high episcopal man , and the old cavalier , who are to swallow the hopes of enjoying all the power and office of the kingdom , being also tempted by the advantage they may recieve from overthrowing the act of oblivion , and not a little rejoycing to think how valiant they should prove , if they could get any to fight the old quarrel over again ; now they are possest of the arms , fo●ts , and ammunition of the nation . next they design to have the government of the church sworne to as vnalterable , and so tacitely owned to be of divine right , which though inconsistent with the oath of supremacy ; yet the church men easily break through all obligations whatsoever , to attain this station , the advantage of which , the prelate of rome hath sufficiently taught the world. then in requital to the crown , they declare the government absolute and arbitrary , and allow monarchy as well as episcopacy to be iure divino , and not to be bounded , or limited by humane laws . and to secure all this they resolve to take away the power , and opportunity of parliaments to alter any thing in church or state , only leave them as an instrument to raise money , and to pass such laws , as the court , and church shall have a mind to ; the attempt of any other , how necessary soever , must be no less a crime then perjury . and as the topstone of the whole fabrique , a pretence shall be taken from the jealousies they themselves have raised , and a real necessi●y from the smallness of their partie to encrease , and keep up a standing army , and then in due time the cavalier and church-man , will be made greater fools , but as errant slaves as the rest of the nation . in order to this , the first step was made in the act for regulating corporations , wisely beginning , that in those lesser governments whi●h they meant afterwards to introduce upon the govern●ent of the nation , and making them swear to a declaration , and beleif of such propositions as themselves afterwards upon debate , were enforced to alter , and could not justifie in those words ; so that many of the wealthyest , worthyest , and soberest men , are still kept out of the magistracy of those places . the next step was in the act of the militia , which went for most of the cheifest nobility and gentry , being obliged as lord-lieutenants , deputy-lieutenants , &c. to swear to the same declaration , and belief , with the addition only of these words in persuance of such military commissions , which makes the matter rather worse then better ; yet this went down smoothly as an oath in fashion , a testimony of loyalty , and none adventuring freely to debate the matter , the humor of the age like a strong tide , carries wise and good men down before it : this act is of a piece , for it establisheth a standing army by a law , and swears us into a military government . immediately after this , followeth the act of vniformity , by which all the clergy of england are obliged to subscribe , and declare what the corporations , nobility , and gentry , had before sworn , but with this additional clause of the militia act omitted : this the clergy readily complyed with ; for you know that sort of men are taught rather to obey , then understand , and to use that learning they have , to justify , not to examine what their superiors command : and yet that bartholomew day was fatal to our church , and religion , in throwing out a very great number of whorthy , learned , pious , and orthodox divines , who could not come up to this , and other things in that act ; and it is an oath upon this occasion wor●h your knowledg , that so great was the zeal in carrying on this church affair , and so blind was the obedience required , that if you compute the time of the passing this act , with the time allowed for the clergy to subscribe the book of common prayer thereby established ; you shall plainly find it could not be printed , and distributed so , as one man in forty could have seen and read the book they did so perfectly assent and consent to . but this matter was not compleat until the five mile act passed at oxford , wherein they take an opportunity to introduce the oath in the terms they would have it : this was then strongly opposed by the l. treasurer southampton , lord wharton , l. ashley , and others not only in the concern of those poor ministers that were so severely handled , but as it was in it self , a most unlawful , and unjustifyable oath ; however , the zeal of that time against all nonconformists , easily passed the act. this act was seconded the same sessions at oxford by another bill in the house of commons , to have imposed that oath on the whole nation ; and the providence by which it was thrown out , was very remarquable ; for mr. peregrine bertie , being newly chosen , was that morning introduced into the house by his brother the now earl of lindsey , and sir tho. osborn now l. treasurer , who all three gave their votes against that bill ; and the numbers were so even upon the division ▪ that their three votes carried the question against it . but we owe that right to the earl of lindsey , and the lord treasurer as to acknowledg t●at they have since made ample satisfaction for whatever offence they gave either the church or court in that vote . thus our church became triumphant , and continued so for divers years , the dissenting protestant being the only enemy , and therefore only persecuted , whilest the papists remained undisturbed being by the court t●ought loyal , and by our great bishops not dangerous , they differing only in doctrine , and fundamentalls ; but , as to the government of the church , that was in their religion in its highest exaltation . this dominion continued unto them , untill the l. clifford , a man of a daring and ambitious spirit , made his way to the cheif ministery of affairs by other , and far different measures , and took the opportunity of the war with holland , the king was then engaged in , to propose the declaration of indulgence , that the dissenters of all sorts , as well protestants as papists , might be at rest , and so vast a number of people , not be made desperate , at home , while the king was engaged with so potent an enemy abroad . this was no sooner proposed , but the e. of shattsbury a man as daring but more able , ( though of principles and interest , diametrically opposite to the other ) presently closed with it , and perhaps the opportunity i have had by my conversation with them both , who were men of diversion , and of free and open discourses where they had a confidence ; may give you more light into both their designs , and so by consequence the aimes of their parties , then you will have from any other hand ▪ my l. clifford did in express terms , tell me one day in private discourse ; that the king , if he would be firm to himself , might settle what religion he pleased , and carry the government to what height he would ; for if men were assured in the liberty of their conscience● and undisturbed in their properties , able and upright iudges made in westminster-hall to judg the causes of meum and tuum , and if on the other hand the fort of tilbury was finished to bridle the city , the fort of plymouth to secure the west , and armes for ● in each of these , and in hull for the northern parts , with some addition , which might be easily and undiscernedly made to the forces now on foot , there were none that would have either will , opportunity , or power to resist . but he added withall , he was so sincere in the maintenance of propriety , and liberty of conscience , that if he had his will , though he should introduce a bishop of durham , ( which was the instance he then made , that see being then vacant ) of another religion , yet he would not disturb any of the church beside , but suffer them to dye away , and not let his change ( how hasty soever he was in it ) overthrow either of those principles , and therefore desired he might be thought an honest man as to his part of the declaration , for he meant it really . the l. shaftsbury ( with whom i had more freedom ) i with great assurance , asked what he meant by the declaration , for it seemed to me ( as i then told him ) that it assumed a power to repeal and suspend all our laws , to destroy the church , to overthrow the protestant religion , and to tolerate popery ; he replyed half angry , that he wondered at my objection , there being not one of these in the case : for the king assumed no power of repealing laws , or suspending them , contrary to the will of his parliament , or people , and not to argue with me at that time the power of the king's supremacy , which was of ano●her nature then that he had in civills , and had been exercised without exception in this very case by his father , grand father , and queen elizabeth , under the great seal to forreign protestants , become subjects of england , nor to instance in the suspending the execution of the two acts of navigation and trade , during both this , and the last dutch war in the same words , and upon the same necessity , and as yet , without clamour that ever we heard ; but , to pass by all that , this is certain , a government could not be supposed whether monarchical , or other of any sort , without a standing supream executive power , fully enabled to mitigate , or wholly to suspend the execution of any penal law , in the intervalls of the legislative power , which when assembled , there was no doubt but wherever there lies a negative in passing of a law , there the address or sense known of either of them to the contrary , ( as for instance of either of our two houses of parliament in england ) ought to determine that indulgence , and restore the law to its full execution : for without this , the laws were to no purpose made , if the prince could annull them at pleasure ; and so on the other hand , without a power always in being of dispensing upon occasion , was to suppose a constitution extreamly imperfect and unpracticable , and to cure those with a legislative power always in being , is , when considered , no other then a perfect tyranny . as to the church , he conceived the declaration was extreamly their interest ; for the narrow bottom they had placed themselves upon , and the measures they had proceeded by , so contrary to the properties , and liberties of the nation , must needs in short time , prove fatall to them , whereas this led them into another way to live peaceably with the dissenting and differing protestants , both at home and abroad , and so by necessary and unavoidable consequences , to become the head of them all ; for that place is due to the church of england , being in favor , and of neerest approach to the most powerful prince of that religion , and so always had it in their hands to be the intercessors and procurers of the greatest good and protection , that partie throughout all christendom , can receive . and thus the a. bishop of canterbury might become , not only alterius orbis , but alterius religionis papa , and all this addition of honor and power attaind without the least loss or diminution of the church ; it not being intended that one living dignity , or preferment should be given to any but those , that were strictly conformable . as to the protestant religion , he told me plainly , it was for the preserving of that and that only that he heartily joyned in the declaration ; for besides that , he thought it his duty to have care in his place and station , of those he was convinced , were the people of god and feared him , though of different persuasions ; he also knew nothing else but liberty , and indulgence that could possibly ( as our case stood ) secure the protestant religion in england ; and he beg'd me to consider , if the church of england should attain to a rigid , blind , and undistputed conformity , and that power of our church should come into the hands of a popish prince , which was not a thing so impossible , or remote , as not to be apprehended ; whether in such a case , would not all the armes and artillery of the government of the church , be turned against the pr●sent religion of it , and should not all good protestants tremble to think what bishops such a prince was like to make , and whom those bishops would condemn for hereticks , and that prince might burn ▪ whereas if this which is now but a declaration , might ever by the experience of it , gain the advantage of becoming an established law , the true protestant religion would still be kept up amongst the cities , towns , and trading places , and the worthyest , and soberest ( if not the greatest ) part of the nobility , and gentry , and people : as for the toleration of popery he said , it was a pleasant objection , since he could confidently say that the papists had no advantage in the least by this declaration , that they did not as fully enjoy , and with less noise , by the favor of all the bishops before . it was the vavity of the l. keeper , that they were named at all , for the whole advantage was to the dissenting protestants , which were the only men disturb'd before ; and yet he confest to me , that it was his opinion , and always had been , that the papists ought to have no other pressure laid upon them , but to be made uncapable of office , court , or armes , and to pay so much as might bring them at least to a ballance with the protestants , for those chargable offices they are lyable unto ; and concluded with this that he desired me seriously to weigh , whe●her liberty and propriety were likely to be maintained long in a countrey like ours , where trade is so absolutely necessary to the very being , as well as prosperity of it , and in this age of the world , if articles of faith and matters of religion should become the only accessible ways to our civil rights . thus sir , you have perhaps a better account of the declaration , then you can receive from any other hand , and i could have wisht it a longer continuance , and better reception then it had : for the bishops took so great offence at it , that they gave the alarum of popery through the whole nation , and by their emissaries the clergy ( who by the connexture and subordination of their government , and their being posted in every parish , have the advantage of a quick dispersing their orders , and a sudden and universal insinuation of whatever they please ) raised such a cry , that those good and sober men , who had really long feared the encrease and continuance of popery , had hitherto received , began to believe the bishops were in earnest ; their eyes opened , though late , and therefore joyned in heartily with them ; so that at the next meeting of parliament , the protestants interest was run so high , as an act came up from the commons to the h. of lords in favor of the dissenting protestants , and had passed the lords , but for want of time , besides , another excellent act passed the royal assent for the excluding all papists from office , in the opposition of which , the l. treasurer clifford fell , and yet to prevent his ruine , this sessions had the speedier end. notwithstanding , the bishops attain'd their ends fully , the declaration being cancelled , and the great seal being broken off from it , the parliament having passed an act in favor of the dissenters , and yet the sense of both houses sufficiently declared against all indulgence but by act of parliament : having got this point , they used it at first with seeming moderation , there were no general directions given for prosecuting the non-con●ormists , but here and there some of the most confiding justices , were made use of to try how they could receive the old persecution ; for as yet the zeal raised against the papists , was so great , that the worthyest , and soberest , of the episcopal party , thought it necessary to unite with the dissenting protestants , and not to divide their party , when all their forces were little enough ; in this posture the sessions of parliament that began oct. . . tound matters , which being suddenly broken up , did nothing . the next sessions which began ian . following , the bishops continued their zeal against the papists , and seem'd to carry on in joyning with the countrey lords , many excellent vo●es in order to a bill , as in particular , that the princes of the blood-royal should all marry protestants , and many others , but their favor to dissenting protestants was gone , and they attempted a bargain with the countrey lords , with whom they then joyned not to promote any thing of that nature , except the bill for taking away assent and consent , and renouncing the covenant . this session was no sooner ended without doing any thing , but the whole clergy were instructed to declare that there was now no more danger of the papists : the phanatique ( for so they call the dissenting protestant ) is again become the only dangerous enemy , and the bishops had found a scoth lord , and two new ministers , or rather great officers of england , who were desperate and rash enough , to put their masters business upon so narrow and weak a bottom ; and that old covenanter lauderdale , is become the patron of the church , and has his coach and table fil'd with bishops . the keeper and the treasurer are of a just size to this affair , for it is a certain rule with the church men , to endure ( as seldom as they can ) in business , men abler then themselves . but his grace of scotland : was least to be executed of the three , for having fall'n from presbitery , protestaant religion , and all principles of publick good and private friendship , and become the slave of clifford to carry on the ruine of all that he had professed to support , does now also quit even clifford's generous principles , and betake himself to a so●t of men , that never forgive any man the having once been in the right ; and such men , who would do the worst of things by the worst of means , enslave their country , and betray them , under the mask of religion , which they have the publick pay for , and charge off ; so seething the kid in the mothers milk . our statesmen and bishops being now as well agreed , as in old land's time , on the same principles ▪ with the same passion to attain their end , they in the first place give orders to the judges in all their circuits to quicken the execution of the laws against dissenters ; a new declaration is published directly contrary to the former , most in words against the papists , but in the sense , and in the close , did fully serve against both , and in the execution , it was plain who were meant . a commission besides , comes down directed to the principal gentlemen of each country , to seize the estates of both papists and phanatiques , mentioned in a li●t annexed , wherein by great misfortune , or skill , the names of the papists of best quality and fortune ( and so best known ) were mistaken , and the commission render'd ineffectual as to them . besides this , the great ministers of state did in their common publick assure the partie , that all the places of profit , command , and trust , should only be given to the old cavalier ; no man that had served , or been of the contrary party , should be left in any of them ; and a direction is issued to the great ministers before mentioned , and six or seven of the bishops to meet at lambeth-house , who were like the lords of the articles in scotland , to prepare their compleat modell for the ensuing session of parliament . and now comes this memorable session of aprill . . then , which never any came with more expectation of the court , or dread and apprehension of the people ; the officers , court lords , and bishops , were clearly the major vote in the lords house , and they assured themselves to have the commons as much at their dispose when they reckoned the number of the courtiers , officers , pensioners encreased by the addition of the church and cavalier party , besides the address they had made to men of the best quality there by hopes of honor , great employment , and such things as would take . in a word , the french king's ministers , who are the great chapmen of the world , did not out-doe ours at this time , and yet the over ruling hand of god has blown upon their politicks , and the nation is escaped this session , like a bird out of the snare of the flower . in this sessions the bishops wholly laid aside their zeal against popery . the committee of the whole house for religion , which the country lords had caused to be set up again by the example of the former sessions , could hardly get , at any time , a day appointed for their sitting , and the main thing design'd for a bill voted in the former session , viz. the marrying our princes to none but protestants , was rejected and carryed in the negative by the unanimous votes of the bishops bench ; for i must acquaint you that our great prelates were so neer an intallibility , that they were always found in this session of one mind in the lords house ; yet the lay lords , not understanding from how excellent a principle this proceeded , commonly called them for that reason the dead weight , and they really proved so in the following business , for the third day of this session this bill of test was brought into the lords house by the earl of lindsey l. high chamberlain , a person of great quality , but in this imposed upon , and received its first reading and appointment for the second without much opposition ; the country lords being desirous to observe what weight they put upon it , or how they designed to manage it . at the second reading , the l. keeper , and some other of the court lords , recommended the bill to the house in set and elaborate speeches , the keeper calling it a moderate security to the church and crown , and that no honest man could refuse it , and whosoever did , gave great suspition of dangerous , and anti-monarchicall principles , the other lords declame very much upon the rebellion of the late times , the great number of phanatiques , the dangerous principles of rebellion still remaining , carrying the discourse on as if they meant to trample down the act of oblivion , and all those whose securities depended on it , but the ●arl of shaftsbury and some other of the country lords , earnestly prest that the bill might be laid aside , and that they might not be engaged in the debate of it ; or else that that freedom they should be forced to use in the necessary defence of their opinion , and the preserving of their laws , rights , and liberties , which this bill would overthrow , might not be misconstrued : for there are many things that must be spoken upon the debate , both concerning church and state , that it was well known they had no mind to hear . notwithstanding , this the great officers and bishops called out for the question of referring the bill to a committee ; but the earl of shaftsbury , a man of great abilities , and knowledg in affairs , and one that , in all these variety of changes of this last age , was never known to be either bought or frighted out of his publick principles , at large opened the mischievous , and ill designs , and consequences of the bill , which as it was brought in , required all officers of church and state , and all members of both houses of parliament , to take this oath following . j. a. b. do declare that it is not lawful upon any pretence whatsoever , to take up armes against the king , and that i do abhorr that traiterous position of taking armes by his authority , against his person , or against those that are commission'd by him in pursuance of such commission ; and i do swear that i will not at any time endeavor the alteration of the government , either in church or state , so help me god. the earl of shaftsbury and other lords , spake with such convincing reason , that all the lords , who were at liberty from court-engagements , resolved to oppose to the uttermost , a bill of so dangerous consequence ; and the debate lasted five several days before it was committed to a committee of the whole house , which hardly ever happened to any bill before , all this and the following debates ▪ were managed cheifly by the lords , whose names you will find to the following protestations ; the first whereof , was as followeth . we whose names are under written being peers of this realm , do according to our rights and the ancient vsage of parliaments , declare that the question having been put whether the bill ( entitled an act to prevent the danger which may arise from persons disaffected to the government ) doth so far intrench upon the priviledges of this house ; that it ought therefore to be cast out . it being resolved in the negative , we do humbly conceive that any bill which imposeth an oath upon the peers with a penal●y , as this doth , that upon the refusal of that oath , they shall be made uncapable of sitting and voting in this house , as it is a thing unpresidented in former times , so is it , in our humble opinion , the highest invasion of the liberties and priviledges of the peerage , that possibly may be , and most destructive of the freedom , which they ought to enjoy as members of parliament , because the priviledges of sitting and voting in parliament is an honor they have by birth , and a right so inherant in them , and in separable from them , as that nothing can take it away , but what by the law of the land , must withal , take away their lives , and corrupt their blood ; upon which ground we do here enter our dissent from that vote , and our protestation against it buckingham bridgwater winchester salisbury bedford dorset aylisbury bristol denbigh pagitt holles peter howard e. of berks mohun stamford hallifax de la mer eure shaftsbury clarendon grey roll. say & seal wharton the next protestation was against the vote of committing the bill in the words following ; the question being put whether the bill entituled an act to prevent the dangers , which may arise from persons disaffected to the government , should be commited , it being carried in the affirmative , and we after several days debate , being in no measure satisfied , but still apprehending that this bill doth not only subvert the priviledges , and birth-right of the peers , by imposing an oath upon them with the penalty of losing their places in parliament ; but also , as we humbly conceive , stick at the very root of government ; it being necessary to all government to have freedom of votes and debates in those , who have power to alter , and make laws , and besides , the express words of this bill , obliging every man to abjure all endeavors to alter the government in the church ; without regard to any thing that rules of prudence in the government , or christian compassion to protestant dissenters , or the necessity of affairs at any time , shall or may require . vpon these considerations , we humbly conceive it to be of dangerous consequence to have any bill of this nature , so much as committed , and do enter our dissents from that vote and protestation against it , buckingham winton salisbury denbigh bristol howard of berks clarendon stamford shaftsbury wharton mohun de la mer which protestation was no sooner entred and subscribed the next day , but the great officers and bishops raised a storm against the lords that had subscrib'd it ; endeavouring not only some severe proceedings against their persons , if they had found the house would have born it , but also to have taken away the very liberty of entring protestations with reasons ; but that was defended with so great ability , learning , and reason by the l. holles , that they quitted the attempt , and the debate run for some hours either wholly to raze the protestation out of the books , or at least some part of it , the expression of christian compassion to protestant dissenters being that , which gave them most offence ; but both these ways were so disagreeable to the honor and priviledg of the house , and the latter to common sense and right , that they despaired of carrying it , and contented themselves with having voted that the reasons given in the said protestation , did reflect upon the honor of the house , and were of dangerous consequence . and i cannot here forbear to mention the worth , and honor , of that noble lord holles , suitable to all his former life , that whilst the debate was at the height , and the protesting lords in danger of the tower ; he begg'd the house to give hime leave to put his name to that protest , and take his fortune with those lords , because his sickness had forced him out of the house the day before , so that not being at the question , he could not by the rules of the house sign it . this vote against those twelve lords begat the next day this following protestation signed by . whereas it is the undoubted priviledg of each peer in parliament when a question is past contrary to his vote and judgment , to enter his protestation against it , and that in pursuance thereof , the bill entituled an act to prevent the dangers which may may arise from persons disaffected to the government , being conceived by some lords to be of so dangerous a nature , as that it was not fit to receive the countenance of a committment , those lords did protest against the commitment of the said bill , and the house having taken exceptions at some expressions in their protestation ; those lords who were present at the debate , did all of them severally and voluntarily declare , that they had not intention to reflect upon any member , much less upon the whole house , which , as is humbly conc●ived , was more then in strictness did consist with that absolute freedom of protesting , which is inseparable from every member of this house , and was done by them meerly out of their great respect to the house , and their earnest desire to give all satisfaction concerning themselves , and the clearness of their intentions : yet the house not satisfied with this their declaration but proceeding to a vote , that the reasons given in the said protestation do reflect upon the honor of the house , and are of dangerous consequence ; which is in our humble opinion , a great discountenancing of the very liberty of protesting . we whose names are under written , conceive our selves , and the whole house of peers , extreamly concerned that this great wound should be given ( as we humbly apprehend ) to so essential a priviledg of the whole peerage of this realm , as their liberty of protesting , do now ( according to our unquestionable right ) make use of the same liberty to enter this our dissent from , and protestation against the said vote , bucks winton bedford dorset salisbury bridgwater denbigh berks clarendon aylisbury shaftsbury say & seal hallifax audley fits water eure wharton mohun holles de la mer grey roll. after this bill being committed to a committee of the whole house , the first thing insisted upon by the lords against the bill ; was , that there ought to be passed some previus votes to secure the rights of peerage , and priviledg of parliament before they entred upon the debate , or amendments of such a bill as this ; and at last two previous votes were obtained , which i need not here set down , because the next protestation hath them both in terminis . whereas upon the debate on the bill entituled an act to prevent the dangers which may arise from persons disaffected to the government ▪ it was ordered by the house of peers the th . of aprill last , that no oath should be imposed by any bill , or otherwise , upon the peers with a penalty in case of refusal , to lose their places , or votes in parliament , or liberty to debate therein ; and whereas also , upon debate of the same , the bill was ordered the third of this instant may , that there shall be nothing in this bill , which shall extend to deprive either of the houses of parliament , or any of their members , of their just ancient freedom , and priviledg of debating any matter or business which shall be propounded , or debated in either of the said houses , or at any conference or committee , of both , or either of the said houses of parliament , or touching the repeal , or alteration of any old , or preparing any new laws , or the redressing any publick grievance ; but that the said members of either of the said houses , and the assistance of the house of peers , and every of them , shall have the same freedom of speech , and all other priviledges whatsoever , as they had before the making of this act. both which orders were passed as previous directions unto the committee of the whole house , to whom the said bill was committed , to the end that nothing should remain in the said bill , which might any ways tend towards the depriving of either of the houses of parliament , or any of their members , of their ancient freedom of debates , or votes , or other their priviledges whatsoever . yet the house being pleased , upon the report from the committee , to pass a vote , that all persons who have , or shall have right to sit and vote in either house of parliament , should be added to the first enacted clause in the said bill , whereby an oath is to be imposed upon them as members of either house , which vote we whose names are under written being peers of this realm , do humbly conceive , is not agreeable to the said two previous orders , and it having been humbly offered , and insisted upon by divers of us , that the proviso in the late act entituled an act for preventing dangers , that may happen from popish recusants ; might be added to the bill depending , whereby the peerage of every peer of this realm , and all their priviledges , might be preserved in this bill , as fully as in the said late act : yet the house not pleasing to admit of the said proviso , but proceeding to the passing of the said vote , we do humbly upon the grounds aforesaid , and according unto our undoubted right , enter this our dissent from , and protestation against the same . bucks bedford winton salisbury berks bridgwater stamford clarendon denbigh dorset shaftsbury wharton eure de la mer pagitt mohun this was their last protestation ; for after this they alter'd their method , and reported not the votes of the committee , and parts of the bill to the house , as they past them , but ▪ took the same order as is observed in other bills , not to report unto the house , untill they ●ad gone through with the bill , and so report all the amendments together . this they thought a way of more dispach and which did prevent all protestations , untill it came to the house ; for the votes of a committe , though of the whole house , are not thought of that weight , as that there should be allowed the entering a dissent of them , or protestation against them . the bill being read over at the committee , the lord keeper objected against the form of it , and desired that he might put it in another method , which was easily allowed him , that being not the dispute . but it was observeable the hand of god was upon them in this whole affair ; their chariot-wheels were taken off , they drew heavily : a bill so long design'd , prepared , and of that moment to all their affairs , had hardly a sensible composure . the first part of the bill that was fallen upon ; was , whether there should be an oath at all in the bill , and this was the only part the court-partie defended with reason : for the whole bill being to enjoyn an oath , the house mig●t reject it , but the committee was not to destroy it . yet the lord hallifax did with that quickness , learning , and elegance , which are inseparable from all his discourses , make appear , that as there really was no security to any state by oaths , so also , no private person , much less states-man , would ever order his affairs as relying on it , no man would ever sleep with open doors , or unlockt up treasure , or plate , should all the town be sworn not to rob ; so that the use of multiplying oaths had been most commonly to exclude , or disturb some honest consciencious men , who would never have prejudiced the government . it was also insisted on by that lord and others , that the oath imposed by the bill , contained three clauses , the two former assertory , and the last promissory , and that it was worthy the consideration of the bishops ▪ whether assertory oaths , which were properly appointed to give testimony of a matter of fact , whereof a man is capable to be fully assured by the evidence of his senses , be lawfully to be made use of to confirm , or invalidate doctrinal propositions , and whether that legislative power , which imposes such an oath , doth not necessarily assume to it self an infallibility ? and , as for prom●ssory oaths , it was desired that those learned prelates would consider the opinion of grotius de jure bellj & pacis , lib. . cap. xiii . who seems to make it plain that those kind of oaths are forbidden by our saviour christ , mat. . , . and whether it would not become the fathers of the church , when they have well weighed that and other places of the new testament ; to be more tender in multiplying oaths , then hitherto the great men of the church have been ? but the bishops carried the point , and an oath was ordered by the major vote . the next thing in consideration , was about the persons that should be enjoyned to take this oath ; and those were to be , all such as enjoyed any beneficial office or employment , ecclesiastical , civil , or military ; and no farther went the debate for some hours , until at last the lord keeper rises up , and with an eloquent oration , desires to add privy counsellors , iustices of the peace , and members of both houses ; the two former particularly mentioned only to usher in the latter ; which was so directly against the two previous votes , the first of which was enroll'd amongst the standing orders of the house , that it wanted a man of no less assurance in his eloquence to propose it , and he was driven hard , when he was forced to tell the house , that they were masters of their own orders , and interpretation of them . the next consideration at the committee was the oath it self , and it was desired by the countrey lords , that it might be clearly known , whether it were meant all for an oath , or some of it a declaration , and some an oath ? if the latter , then it was desired it might be distinctly parted , and that the declaratory part should be subscribed by it self , and not sworn . there was no small pains taken by the lord keeper and the bishops , to prove that it was brought in ; the two first parts were only a declaration , and not an oath ; and though it was replyed that to declare upon ones oath , or to abhorr upon ones oath , is the same thing with i do swear ; yet there was some difficulty to obtain the dividing of them , and that the declaratory part should be only subscribed , and the rest sworn to . the persons being determin'd , and this division agreed to , the next thing was the parts of the declaration , wherein the first was ; j a. b. do declare that it is not lawful upon any pretence whatsoever , to take up armes against the king. this was lyable to great objections ; for it was said it might introduce a great change of the government , to oblige all the men in great trust in england , to declare that exact boundary , and extent , of the oath of allegiance , and inforce some things to be stated , that are much better involv'd in generals , and peradventure are not capable of another way of expression , without great wrong on the one side , or the other . there is a law of edw. . that armes shall not be taken up against the king , and that it is treason to do so , and it is a very just and reasonable law ; but it is an idle question at best , to ask whether armes in any case can be taken up against a lawful prince , because it necessarily brings in the debate in every man's mind , how there can be a distinction then left between absolute , and bounded monarchys , if monarchs have only the fear of god , and no fear of humane resistance to restrain them . and it was farther urged , that if the chan●e of humane affairs in future ages , should give the french king a just title and investiture in the crown of england , and he should avowedly own a design by force , to change the religion , and make his government here as absolute as in france , by the extirpation of the nobility , gentry , and principal citizens of the protestant party , whether in such , or like cases , this declaration will be a service to the government , as it is now establisht : nay , and it was farther said , that they overthrow the government that suppose to place any part of it above the fear of man : for in our english government , and all bounded monarchys , where the prince is not absolute , there every individual subject is under the fear of the king , and his people , either for breaking the peace , or disturbing the common interest that every man hath in it , or if he invades the person or right of his prince , he invades his whole people , who have bound up in him , and derive from him , all their liberty , property , and safety : as also the prince himself , is under the fear of breaking that golden chain and connexture between him and his people , by making his interest contrary to that they justly and rightly claim : and therefore neither our ancestors , nor any other country free like ours , whilst they preserv'd their liberties , did ever suffer any mercenary , or standing guards to their prince , but took care that his safety should be in them , as theirs was in him ▪ though these were the objections to this head , yet they were but lighty touch'd , and not fully insisted upon , until the debate of the second head , where the scope of the design was opened clearer , and more distinct to every man's capacity . the second was , and that i do abhorr that trayterous position of taking armes by his authority against his person . to this was objected , that if this be meant an explanation of the oath of allegiance to leave men without pretense to oppose where the individual person of the king is , then it was to be considered , that the proposition as it is here set down is universal , and yet in most cases the position is not to be abhorred by honest or wise men : for there is but one case , and that never like to happen again , where this position is in danger to be trayterous , which was the case of the long parliament , made perpetual● by the king 's own act , by which the government was perfectly altered , and made inconsistent with its self ; but it is to be supposed the crown hath sufficient warning , and full power to prevent the falling again into that danger . but the other cases are many , and such as may every day occurr , wherein this position is so far from traiterous , that it would prove both necessary and our duty . the famous instance of hen. . who being a soft and weak prince , when taken prisoner by his cousin edward . that pretended to the crown , and the great earl of warwick , was carryed in their armies , gave what orders and commissions they pleased , and yet all those that were loyal to him adhered to his wife and son , fought in a pitcht battel against him in person , and retook him : this was directly taking up armes by his authority against his person , and against those that were commission'd by him , and yet to this day no man hath ever blamed them , or thought but that , if they had done other , they had betray'd their prince . the great case of charles . of france , who being of a weak and crazie brain , yet govern'd by himself , or rather by his wife , a woman of passionate , and heady humour , that hat●ed her son the dolphin , a vigorous and brave prince , and passionately loved her daughter ; so that she easily ( being pressed by the victory of hen. . of england ) comply'd to settle the crown of france upon him , to marry her daughter to him , and own his right , contrary to the salique law. this was directly opposed with armes and force by the dolphin , and all good french men , even in his father's life time . a third instance is that of king iames of blessed memory , who when he was a child , was seized , and taken prisoner by those , who were justly thought no friends to his crown or safe●y , and if the case should be put , that a future king of england of the same temper with hen. . or charl. . of france , should be taken prisoner by spaniard , dutch , or french , whose overgrowing power should give them thoughts of vast empire , and should , with the person and commission of the king , invade england for a conquest , were it not suitable to our loyalty to joyn with the son of that king , for the defence of his fathers crown and dignity , even against his person and commission ? in all these and the like cases it was not justified , but that the st●ict letter of the law might be otherwise co●strued , and when wisely considerd , fit it ▪ should be so , yet that it was not safe either for the kingdom , or person of the king and his crown , that it should be in express words swor● against ; for if we shall forswear all distinctions , which ill men have made ill use of , either in rebellion , or heresy , we must extend the oath to all the particulars of divinity , and politiques . to this the aged bishop of winchester reply'd , that to take up armes in such cases , is not against , but for the person of the king : but his lordship was told that he might then as well , nay much better , have le●t it upon the old oath of allegiance , then made such a wide gapp in his new declaration . the th●rd and last part of the de●laration was or against those that are commissioned by him . here the mask was plainly pluckt off , and arbitrary government appear'd bare-faced , and a standing army to be established by act of parliament , for it was said by several of the lords , that if whatever is by the kings commission , be not opposed by the king's authority , then a standing army is law when ●ver the king pleases ; and yet the king's commission was never thought sufficient to protect , or justify any man , where it is against his authority , which is the law ; this allowed alters the whole law of england , in the most essential and fundamental parts of it , and makes the whole law of property to become arbitrary , and without effect , whenever the king pleases . for instance , if in a suit with a great favourite , a man recovers house and lands , and by course of law be put into possession by the sheriff , and afterwards a warrant is obtain'd by the interest of the person , to command some souldiers of the standing army to take the possession and deliver it back , in such a case , the man in possession may justify to defend himself , and killing those who shall violently endeavour to enter his house , the party , whose house is invaded , takes up armes by the king's authority against those , who are commissioned by him . and it is the same case , if the souldiers had been commissioned to defend the house against the sheriff , when he first endeavored to take the possession according to law , neither could any order , or commission of the king 's , put a stop to the sheriff , if he had done his duty in raising the whole force of that count to put the law in execution ; neither can the court ▪ from whom that order proceeds , ( if they observe their oaths , and duty ) put any stop to the execution of the law in such a case , by any command or commission from the king whatsoever ; nay , all the guards , and standing forces in england , cannot be secured by any commission from being a direct riot , and unlawful assembly , unless in time of open war and rebellion : and it is not out of the way to suppose , that if any king hereafter , shall contrary to the petition of right , demand , and levie money by privy-seal , or otherwise , and cause souldiers to enter , and distrain fo● such like illegall taxes , that in such a case any man may by law defend his house against them ; and yet this is of the same nature with the former , and against the words of the declaration . these instances may seem somwhat rough , and not with the usual reverence towards the crown , but they alleadged , they were to be excused , when all was concerned , and without speaking thus plain , it is refused to be understood ; and , however happy we are now , either in the present prince , or those we have in prospect , yet the suppositions are not extravagant , when we consider , kings are but men , and compassed with more temptations then others ; and , as the earl of salisbury , who stood like a rock of nobility , and english principles , excellently replyed to the lord keeper , who was pleased to term them remote instances , that they would not hereafter prove so , when this declaration had made the practise of them justifiable . these arguments enforced the lords for the bill to a change of this part of the declaration , so that they agreed the second ▪ and thrid parts of it , should run th●s ; and i do abhorr that trayterous position of taking armes against by his authority , against his person , or against those , that are commissioned by him according to law , in time of rebellion , or war , acting in pursuance of such commission . which mends the matter very little ; for if they mean the king's authority , and his lawful commission , to be two things , and such as are capable of opposition , then it is as dangerous to are the liberties of the nation , as when it run in the former words , and we only chea●ed by new phrasing of it : but if they understand them to be one and the same thing , as really and truly they are , then we are only to abhorr the treason of the position of taking armes by the king's authority against the king's authority , because it is non-sense , and not practicable ; and so they had done little but confest , that all the clergy and many other persons , have been forced by former acts of this present parliament , to make this declaration in other words , that now are found so far from being justifiable , that they are directly contrary to magna charta our properties , and the establish'd law and government of the nation . the next thing in course was , the oath it self , against which the objection lay so plain , and so strong at the first entrance , viz. that there was no care taken of the doctrine , but only the discipline of the church . the papists need not scruple the taking this oath ; for episcopacy remains in its greatest lustre , though the popish religion was introduced , but the king's supremacy is justled aside by this oath , and makes better room for an ecclesiastical one , in so much that with this , and much more , they were inforced to change their oath , and the next day bring it in as followeth . i do swear that i will not endeavour to alter the protestant religion or the government either of church or state. by this they thought they had salved all , and now began to call their oath a security for the protestant religion , and the only good design to prevent popery , if we should have a popish prince . but the countrey lords wondred at their confidence in this , since they had never thought of it before , and had been but the last preceeding day of the debate by pure shame compell'd to to this addition ; for it was not unknown to them , that some of the bishops themselves had told some of the roman catholick lords of the house , that care had been taken that it might be such an oath , as might not bear upon them . but let it be whatever they would have it , yet the countrey lords thought the addition was unreasonable , and of as dangerous consequence as the rest of the oath . and it was not to be wondred at , if the addition of the best things , wanting the authority of an express divine institution , should make an oath not to endeavor to alter , just so much worse by the addition . for as the earl of shaftsbury very well urg'd , that it is a far different thing to believe , or to be fully persuaded of the truth of the doctrine of our church ; and to swear never to endeavor to alter ; which last , must be utterly unlawful , unless you place an infallibility either in the church , or your self , you being otherwise obliged to alter , when ever a clearer , or better light comes to you ; and he desir'd leave to ask , where are the boundaries , or where shall we find , how much is meant by the protestant religion . the lord keeper thinking he had now got an advantage , with his usual eloquence , desires it might not be told in gath , nor published in the streets of askalon , that a lord of so greats parts , and 〈…〉 himself for the church of england , should not know what is meant by the protestant religion . this was seconded with great pleasantness by div●rs of the lords the bishops ; but the bishop of winchester , and some others of them were pleased to condescend to instruct that lord , that the protestant religion was comprehended in articles , the liturgie , the catechisme , the homilies , and the canons . to this the earl of shaftsbury replied , that he begg'd so much charity of them to believe , that he knew the protestant religion so well , and was so confirmed in it , that he hoped he should burn for the witness of it , if providence should call him to it : but he might perhaps think some things not necessary , that they accoun●ed essential , nay he might think some things not true , or agreeable to the scripture , that they might call doctrines of the church : besides when he was to swear never to endeavor to alter , it was certainly necessary to know how far the just extent of this oath was ; but since they had told him that the protestant religion was in those tracts , he had still to ask , whether they meant those whole tracts were the protestant religion , or only that the protestant religion was contained in all those , but that every part of these was not the protestant religion . if they meant the ●ormer of these then he was extreamly in the dark to find the doctrine of predestination in the . and . art. to be owned by so few great doctors of the church , and to find the . art. to define the church directly as the independents do : besides the . art. sta●ing the authority of the church is very dark , and either contradicts it self , or says nothing , or what is contrary to the known laws of the land ; besides several other things , in the articles , have been preached , and writ against by men of great favor , power , and preferment in the church . he humbly conceived the liturgie was not so sacred , being made by men the other day ; and thought to be more differing from the dissenting protestants , and less easy to be complyd with , upon the advantage of a pretense well known unto us all , of making alterations as might the better unite us ; in stead whereof , there is scarce one altera●ion , but widens the breach , and no ordination allow●d by it here , ( as it now stands last reformed in the act of vniformity ) but what is episcopall ; in so much that a popish priest is capable , when converted , of any church preferment without reordination ; but no protestant minister not episcopally ordain'd , but is required to be reordain'd , as much as in us lies unchurching all the forreign protestants , that have not bishops , though the contrary was both allow●d , and practis'd from the beginning of the reformation till the time of that act , and several bishops made of such , as were never ordain'd priests by bishops . moreover the vncharitableness of it was so much against the interest of the crown , and church of england ( casting off the dependency of the whole protestant partie abroad ) that it would have been bought by the pope and french king at a vast summ of money ; and it is difficult to conceive so great an advantage fell to them meerly by chance , and without their help ; so that he thought to endeavor to alter , and restore the liturgy to what it was in queen elizabeths days might consist with his being a very good protestant . as to the catachisme , he really thought it might be mended , and durst declare to them , it was not well that there was not a better made . for the homilies he thought there might be a better book made , and the . hom. of repairing and keeping clean of churches , might be omitted . what is yet stranger then all this , the canons of our church are directly the old popish canons , which are still in force , and no other ; which will appear , if you turn to the stat. . hen. . cap. confirmed and received by . eliz. where all those canons are establish'd , untill an alteration should be made by the king in pursuance of that act ; which thing was attempted by edward the th . but not perfected , and let alone ever since , for what reasons the lords the bishops could best tell ; and it was very hard to be obliged by oath not to endeavour to alter either the english common-prayer book , or the canon of the mass. but if they meant the latter , that the protestant religion is contein'd in all those , but that every part of those is not the protestant religion , then ●e apprehended it might be in the bishops power to declare ex post facto what is the protestant religion or not , or else they must leave it to every man to judge for himself , what parts of those books are or are not , and then their oath had been much better let alone . much of this nature was said by that lord , and others , and the great officers , and bishops were so hard put to it , that they seemed willing , and convinced to admit of an expedient . the lord wharton and old and expert parliament man of eminent piety and abilities , beside a great friend to the protestant religion , and interest of england , offer'd as a cure to the whole oath , and what might make it pass in all the parts of it , without any farther debate , the addition of these words at the latter end of the oath , viz. as the same is or shall be establish'd by act of parliament , but this was not endured at all , when the lord grey of rollston , a worthy and true english lord , offered another expedient , which was the addition of words , by force or fraud , to the beginning of the oath , and then it would run thus , i do swear not to endeavor by force or fraud to alter ; this was also a cure that would have passed the whole oath , and seemed as if it would have carried the whole house ▪ the duke of york and bishop of rochester both second●ng it ; but the lord trea●urer , who had privately before consented to it , speaking against it , gave the word and sign to that party , and it being put to the question , the major vote answered all arguments , and the l. grey's proposition was laid aside . having thus carried the question , relying upon their strength of votes , taking advantage that those expedients that had been offered , extended to the whole oath , though but one of the clauses in the oath had been debated , the other two not mentioned at all , they attempted strongly at nine of the clock at night to have the whole oath put to the question , and though it was resolutely opposed by the lord mohun , a lord of great courage , and resolution in the publick interest , and one whose own personal merits , as well as his fathers , gave him a just title to the best favors of the court ; yet they were not diverted but by as great a disorder as ever was seen in that house proceeding from the rage those unreasonable proceedings had caused in the country lords , they standing up in a clump together , and crying out with so loud a con●inued voice adjourn , that when silence was obtain'd , fear did what reason could not do , cause the question to be put only upon the first clause concerning protestant religion , to which the bishops desired might be added , as it is now established , and one of the eminentest of those were for the bill added the words by law ; so that , as it was passed , it ran , i ▪ a. b. do swear that i will not endeavor to alter the protestant religion now by law established in the church of england . and here observe the words by law do directly take in the canons though the bishops had never mentioned them . and now comes the consideration of the latter part of the oath which comprehends these clauses , viz. nor the goverment either in church or state , wherein the church came first to be considerd . and it was objected by the lords against the bill that it was not agreeable to the king's crown and dignity , to have his subjects sworn to the government of the church equally as to himself ; that for the kings of england to swear to maintain the church , was a diffe●ent thing from enjoyning all his officers , and both his houses of parliament to swear to them . it would be well understood , before the bill passed , what the government of the church ( we are to swear to ) is , and what the boundaries of it , whether it derives no power , nor authority , nor the exercise of any power , authority , or function , but from the king as head of the church , and from god as through him , as all his other officers do ? for no church or religion can justify it self to the government , but the state religion , that ownes an entire dependency on , and is but a branch of it ; or the independent congregations ; whilest they claim no other power , but the exclusion of their own members from their particular communion , and endeavor not to set up a kingdom of christ to their own use in this world , whilest our saviour hath told us , that his kingdom is not of it ; for otherwise there would be imperium in imperio , and two distinct supream powers inconsistent with each other , in the same place , and over the same persons . the bishops al●eadged ▪ that priesthood and the power thereof , and the authorities belonging thereunto were derived immediately from christ , but that the license of exercising that authority and power in any country is derived from the civil magistrate : to which was replied , that it was a dangerous thing to secure by oath , and act of parliament those in the exercise of an authority , and power in the king's country , and over his subjects , which being received from christ himself , cannot be altered , or limitted by the king's laws ; and that this was directly to set the mitre above the crown . and it was farther offered , that this oath was the greatest attempt that had been made against the king's supremacy since the reformation ; for the king in parliament may alter , diminish , enlarge , or take away any bishoprick ; he may take any part of a diocess , or a whole diocess , and put them under deans , or other persons ; ●or if this be not lawful , but that episcopacy should be jure divino , the maintaining the government : as it is now , is unlawful ; since the deans of hereford , and salisbury , have very large tracts under their jurisdiction , and several parsons of parishes have episcopal jurisdiction ; so that at best that government wants alteration , that is so imperfectly settled . the bishop of winchester affirmed in this debate several times , that there was no christian church before calvin that had not bishops ; to which he was answered that the albigenses a very numerous people , and the only visible known church of true beleivers , of some ages , had no bishops . it is very true , what the bishop of winchester replyd , that they had some amongst them , who alone had power to ordain , but that was only to commit that power to the wisest , and gravest men amongst them , and to secure ill , and unfit men from being admitted into the ministery ; but they exercis'd no jurisdiction over the others . and it was said by divers of the lords , that they thought episcopal government best for the church , and most suitable for the monarchy , but they must say with the lord of southampton upon the occasion of this oath in the parliament of oxford , i will not be sworn not to take away episcopacie , there being nothing , that is not of divine precept , but such circumstances may come in humane affairs , as may render it not eligible by the best of men. and it was also said , that if episcopacy be to be received as by divine precept , the king's supremacy is overthrown , and so is also the opinion of the parliaments both in edw. . and queen elizabeths time ; and the constitution of our church ought to be altered , as hath been shewd . but the church of rome it self hath contradicted that opinion , when she hath made such vast tracts of ground , and great numbers of men exempt from episcopal jurisdiction . the lord wharton upon the bishops claim to a divine right , asked a very hard question , viz. whether they then did not claim withall , a power of excommunicating their prince , which they evading to answer , and being press'd by some other lords , said they never had done it . upon which the lord hallifax told them that that might well be ; for since the reformation they had hitherto had too great a dependance on the crown to venture on that , or any other offence to it : and so the debate passed on to the third clause , which had the same exceptions against it with the two former , of being unbounded how far any man might meddle , and how far not , and is of that extent , that it overthrew all parliaments , and left them capable of nothing but giving money . for what is the business of parliaments but the alteration , either by adding , or taking away some part of the government , either in church or state ? and every new act of parliament is an alteration ; and what kind of government in church and state must that be , which i must swear upon no alteration of time , emergencie of affairs , nor variation of humane things , never to endeavor to al●er ? would it not be requ●site that such a government should be given by god himself , and that withall the ceremonie of thunder , and lightening , and visible appearance to the whole people , which god vouchsafed to the chrildren of israel at mount sinaj ? and yet you shall no where read that they were sworn to it by any oath like this : nay on the contrary , the princes and the rulers , even those recorded for the best of them , did make sever●l variations . the lord stafford , a noble man of great honor and candour , but who had been all along for the bill , yet was so far convinced with the debate , that he freely declared , there ought to be an addition to the oath , for preserving the freedom of debates in parliament . this was strongly urged by the never to be forgotten , earl of bridgwater , who gave reputation , and strength to this cause of england ; as did also those worthy earls denbigh , clarendon , and aylisbury , men of great worth and honor. to salve all that was said by these , and the other lords , the lord keeper and the bishops urged , that there was a proviso , which fully preserved the priviledges of parliament , and upon farther enquiry there appearing no such , but only a previous vote , as is before mention'd , they allow●d that that previous vote should be drawn into a proviso , and added to the b●ll , and then in their opinion the exception to the oath for this cause was perfectly removed ; but on the other side it was offered , that a positive absolute oath being taken , a proviso in the act could not dispence with it without some reference in the body of the oath , unto that proviso ; but this also was utterly denied , untill the next day , the debate going on upon other matters , the lord treasurer , whose authority easily obtained with the major vote , reassumed what was mentioned in the debates of the proceeding days , and allow'd a reference to the proviso ▪ so that it then past in these words , i a. b. do swear that i will not endeavor to alter the protestant religion now by law establisht in the church of england , nor the government of this kingdom in church , or state , as it is now by law established , and i do take this oath according to the meaning of this act and the proviso contain'd in the same , so help me god. there was a passage of the very greatest observation in the whole debate , and which with most clearness shewd what the great men and bishops aimed at , and should in order have come in before , but that it deserved so particular a consideration , that i thought best to place it here by it self , which was , that upon passing of the p●oviso for preserving the rights , and priviledges of parliaments made out of the previous votes , it was excellently observ'd by the earl of bullingbrook , a man of great abilitie , and learning in the laws of the land , and perfectly stedfast in all good english principles , that though that proviso did preserve the freedom of debates and votes in parliament , yet the oath remain'd notwithstanding that proviso upon all men , that shall take as a prohibition either by speech , or writing , or address , to endeavor any alteration in religion , church , or state ; nay also upon the members of both houses otherwise then as they speak , and vote in open parliaments or committees : for this oath takes away all private converse upon any such affairs even one with another . this was seconded by the lord de la mer , whose name is well known , as also his worth , piety , and learning ; i should mention his great merits too , but i know not whether that be lawful , they lying yet unrewarded . the lord shaftsbury presently drew up some words for preserving the same rights , priviledges , and freedoms , which men now enjoy by the laws established , that so by a side wind we might not be deprived of the great liberty we enjoy as english men , and desired those words might be inserted in that proviso before it past . this was seconded by many of the forementioned lords , and prest upon those terms , that they desired not to countenance , or make in the least degree any thing lawful , that was not already so , but that they might not be deprived by this dark way of proceeding of that liberty was necessary to them as men , and without which parliaments would be renderd useless . upon this all the great officers showd themselves , nay the d. of lauderdail himself , though under the load of two addresses , opened his mouth , and together with the lord keeper , and the lord treasurer , told the committee in plain terms , that they intended , and design'd to prevent caballing , and conspiracies against the government that they knew no reason why any of the king's officers should consult with parliament men about parliament business , and particularly mention'd those of the armie , treasury , and navy ; and when it was objected to them , that the greatest part of the most knowing gentry were either justices of the peace , or of the militia , and that this took away all converse , or discourse of any alteration , which was in truth of any business in parliament , and that the officers of the navy , and treasury , might be best able to advise what should be fit in many cases ; and that withall none of their lordships did offer any thing to salve the inconvenience of parliament men being deprived of discoursing one with another , upon the matters that were before them . besides it must be again remembred , that nothing was herein desired to be countenanced , or made lawful , but to preserve that that is already law , and avowedly justified by it ; for without this addition to the proviso , the oath renderd parliaments but a snare not a security to the people ; yet to all this was answerd sometimes with passion , and high words , sometimes with jests , and raillery ( the best they had ) and at the last the major vote answered all objections , and laid a side the addition tendered . there was another thing before the finishing of the oath , which i shall here also mention , which was an additional oath tendered by the marquess of winchester , who ought to have been mentioned in the first , and chiefest place for his conduct , and support in the whole debate , being an expert parliament man , and one whose quallity , parts , and fortune , and owning of good principles , concurr to give him one of the greatest places in the esteem of good men. the additional oath tenderd , was as followeth , i do swear that i will never by threats , injunctions , promises , advantages , or invitation , by or from any person whatsoever , nor from the hopes , or prospect of any gift , place , office , or benefit whatsoever , give my vote other then according to my opinion and conscience , as i shall be truly , and really persuaded upon the debate of any-business in parliament ; so help me god. this oath was offerd upon the occasion of swearing memb●rs of parliament , and upon this score only , that if any new oath was thought fit ( which that noble lord declared his own judgment perfectly against ) this certainly was ( all considerations , and circumstances taken in ) most necessary to be a part , and the nature of it was not so strange if they considerd the iudges oath , which was not much different from this . to this the lord keeper seemed very averse , and declared in a very fine speech , that it was an vseless oath ; for all gifts , places , and offices , were likelyest to come from the king , and no member of parliament in either house , could do too much for the king , or be too much of his side , and that men might lawfully , and worthily , have in their prospect , such offices , or benefits from him. with this the lords against the bill , were in no tearms satisfied , but plainly spoke out that men had been , might , and were likely to be , in either house , too much for the king , as they call'd it , and that whoever did endeavour to give more power to the king , then the law and constitution of the government had given , especially if it tended to the introducing an absolute and arbitrary government might justly be said to do too much for the king , and to be corrupted in his judgment by the prospect of advantages , and rewards ; though , when it is considered that every deviation of the crown towards absolute power , lessens the king in the love , and affection of his people , makeing him become less their interest , a wise prince will not think it a service done him. and now remains only the last part of the bill , which is the the penalty different according to the quallifications of the persons all that are , or shall be privy counsellors , iustices of the peace , or possessors of any beneficial office , ecclesiastical , civill , or military , are to take the oath when summoned , upon pain of l. and being made uncapable of bearing office , the members of both houses are not made uncapable , but lyable to the penalty of l. if they take it not . upon all which the considerations of the debate were , that those officers , and members of both houses are of all the nation the most dangerous to be sworn into a mistake , or change of the government , and that , as to the members of both houses , the penalty of l. was directly against the latter of the . previous votes , and although they had not applied the penalty of incapacity unto the members of both houses , because of the first previous vote in the case of the lords , neither durst they admit of a proposition made by some of themselves , that those that did not come up , and sit as members , should be lyable to the taking the oath , or penalty , untill they did so : yet their ends were not to be compassed without invading the latter previous vote , and contrary to the rights and priviledges of parliament enforce them to swear , or pay l. every parliament , and this they ca●ried through with so strong a resolution , that having experienced their misfortunes in replys for several hours , not one of the party could be provoked to speak one word . though , besides the former arguments , it was strongly urged , that this oath ought to be put upon officers with a heavier penalty then the test was in the act of the immediate preceding session against the papists , by which any man might sit down with the loss of his office , without being in the darger of the penalty of l. and also that this act had a direct retrospect ( which ought ne●er to be in penall laws ) for this act punishes men for having an office without taking this oath , which office , before this law pass , they may now lawfully enjoy without it . yet notwithstanding it provides not a power , in many cases , for them to part with it , before this oath overtake them ; for the clause whoever is in office the . september will not relieve a justice of the peace , who , being once sworn , is not in his own power to be left out of commission ; and so might be instanced in several other cases ; as also the members of the house of commons were not in their own power to be unchosen ; and as to the lords , they were subjected by it to the meanest condition of mankind , if they could not enjoy their birthright , without playing tricks sutable to the humour of every age , and be enforced to swear to every fancie of the present times . three years ago it was all liberty and indulgence , and now it is strict and rigid conformity and what it may be , in some short time hereafter , without the spirit of prophesying might be shrewdly guest by a considering man. this being answerd with silence , the duke of buckingham , whose quality ▪ admirable wit , and unusual pains , that he took all along in the debate against this bill , makes me mention him in this last place , as general of the partie , and coming last out of the field , made a speech late at night of eloquent , and well placed non-sense , showing how excellently well he could do both ways , and hoping that might do , when sense ( which he often before used with the highest advantage of wit , and reason ) would not ; but the earl of winchilsea readily apprehending the dialect , in a short reply , put an end to the debate , and the major vote ultima ratio senatuum , & conciliorum , carried the question as the court , and bishops would have it . this was the last act of this tragi-comedy , which had taken up sixteen or seventeen whole days debate , the house sitting many times till eight or nine of the clock at night , and sometimes till midnight ; but the business of priviledg between the two houses gave such an interruption , that this bill was never reported from the committee to the house . i have mention'd to you divers lords , that were speakers , as it fell in the debate , but i have not distributed the arguments of the debate to every particular lord. now you know the speakers , your curiosity may be satisfied , and the lords i am sure will not quarrel about the division . i must not forget to mention those great lords , bedford , devonshire , and burlington , for the countenance and support they gave to the english interest . the earl of bedford was so brave in it , that he joyn'd in three of the protests ; so also did the earl of dorset , and the earl of stamford , a young noble man of great hopes , the lord eure , the lord viscount say and seal , and the lord pagitt in two ; the lord audley and the lord fitzwater in the d and the lord peter , a noble man of great estate , and always true to the maintenance of liberty , and property in the first . and i should not have omitted the earl of dorset , lord audley , and the lord peter amongst the speakers : for i will assure you they did their parts excellently well . the lord viscount hereford was a steady man among the countrey lords ; so also was the lord townsend , a man justly of great esteem , and power in his own countrey , and amongst all those that well know him . the earl of carnarvon ought not to be mention'd in the last place , for he came out of the countrey on purpose to oppose the bill , stuck very fast to the countrey partie , and spoke many excellent things against it . i dare not mention the roman catholick lords , and some others , for fear i hurt them ; but thus much i shall say of the roman catholick peers , that if they were safe in their estates , and yet kept out of office , their votes in that house would not be the most unsafe to england of any sort of men in it . as for the absent lords , the earl of ruttland , lord sandys , lord herbert of cherbury , lord north , and lord crew , ought to be mentiond with honor , having taken care their votes should maintain their own interest , and opinions ; but the earls of exceter , and chesterfield , that gave no proxies this sessions , the lord montague of boughton , that gave his to the treasurer , and the lord roberts his to the earl of northampton , are not easily to be understood . if you ask after the earl of carlisle , the lord viscount falconbridge , and the lord berkely of berkley castle , because you find them not mentioned amongst their old friends , all i have to say , is , that the earl of carlisle stept aside to receive his pention , the lord berkely to dine with the lord treasurer , but the lord viscount falconberg , like the noble man in the gospel , went away sorrowfull , for he had a great office at court ▪ but i despair not of giving you a better account of them next sessions , for it is not possible when they consider that cromwell's major general , son in law , and friend , should think to find their accounts amongst men that set up on such a bottom . thus sir , you see the standard of the new partie is not yet set up , but must be the work of another session , though it be admirable to me , how the king can be enduced to venture his affairs upon such weak counsels , and of so fatal consequences ; for i believe it is the first time in the world , that ever it was thought adviseable , after fifteen years of the highest peace , quiet , and obedience , that ever was in any countrey , that there should be a pretense taken up , and a reviving of former miscarriages , especially after so many promises , and declarations , as well as acts of oblivion , and so much merit of the offending partie , in being the instruments of the king 's happy return , besides the putting so vast a number of the king's subjects in u●ter despair of having their crimes ever forgotten ; and it must be a great mistake in counsels , or worse , that there should be so much pains taken by the court to debase , and bring low the house of peers , if a military government be not intended by some . for the power of peerage , and a standing army are like two buckets , the proportion that one goes down , the other exactly goes up ; and i refer you to the consideration of all the histories of ours , or any of our neighbor northern monarchies , whether standing forces military , and arbitrary government , came not plainly in by the same steps , that the nobility were lessened ; and whether when ever they were in power , and greatness , they permitted the least shadow of any of them : our own countrey is a clear instance of it ; for though the white rose and the red chang'd fortunes often to the ruine , slaughter and beheading of the great men of the other side ; yet nothing could enforce them to secure themselves by a standing force : but i cannot believe that the king himself will ever design any such thing ; for he is not of a temper rob●st , and laborious enough , to deale with such a sort of men , or reap the advantages , if there be any , of such a government , and i think , he can hardly have forgot the treatment his father received from the officers of his army , both at oxford , and newark ; 't was an hard , but almost an even choice to be the parliaments prisoner , or their slave ; but i am sure the greatest prosperity of his armes could have brought him to no happier condition , then our king his son hath before him whenever he please . however , this may be said for the honor of this session , that there is no prince in christendom hath at a greater expence of money , maintained for two months space , a nobler , or more useful dispute of the politiques , mistery , and see●e●s of government , bo●h in church and state , then this hath been ; of which noble design no part is owing to any of the countrey lords , for they several of them begg'd , at the first entrance into the debate , that they might not be engaged in such disputes , as would unavoidably produce divers things to be said , which they were willing to let alone . but i must bear them witness , and so will you , having read this , that they did their parts in it , when it came to it , and spoke plain like old english lords . i shall conclude with that , upon the whole matter , is most worthy your consideration , that the design is to declare us first into another government more absolute , and arbitrary , then the oath of allegience , or old law knew , and then make us swear unto it , as it is so established : and less then this the bishops could not offer in requi●al to the crown for par●ing with its supremacy , and suffering them to be sworn to equal with it self . archbishop laud was the first founder of this device ; in his canons of . you shall find an oath very like this , and a declaratory canon preceding that monarchy is of divine right , which was also affirmed in this debate by our reverend prelates , and is owned in print by no less men then a. bishop vsher , and b. sand●rson ; and i am afraid it is the avowd opinion of much the greater part of our dignified clergie : if so ▪ i am sure they are the most dangerous sort of men alive to our english government , and it is the first thing ought to be look● into , and strictly examin'd by our parliaments , ' ●is the leaven that corrupts the whole lump ; for if that be true , i am sure monarchy is not to be bounded by humane laws , and the . chap. of . sa●uel , will prove ( as many of our divines would have it ) the great charter of the royal prerogative , and our magna charta that says our kings may not take our fields , our vineyards , our corn , and our sheep is not in force , but void and null , because against divine institution ; and you have the riddle out , why the clergy are so re●dy to take themselves , & impose upon others ▪ such kind of oaths as these , they have pla●ed themselves , and their possessions upon a better , and a surer bottom ( as they think ) then magna charta , and so have no more need of , or concern for it : nay what is worse , they have tr●ckt away the rights and liberties of the people in this , and all other countries wherever they have had opportunity , that they might be owned by the prince to be iure divino , and maintain'd in that pretention by that absolute power and force , they have contributed so much to put into his hands ; and that priest , and prince may , like castor and pollux , be worshipt together as divine in the same temple by us poor lay-subjects ; and that sense and reason , law , properties , rights , and liberties , shall be understood as the oracles of those deities shall interpret , or give signification to them , and ne'● be made use of in the world to oppose the absolute , and freewill of either of them . sir , i have no more to say , but begg your pardon for this tedious trouble , and that you will be very careful to whom you communicate any of this . finis . the case of the impeached lords, commons, and citizens; truely stated prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the impeached lords, commons, and citizens; truely stated prynne, william, - . p. s.n.], [london : printed in the year. . by william prynne. place of publication from wing. annotation on thomason copy: "jan: th."; the in imprint date crossed out and date altered to . also identified as wing p on umi microfilm "early english books, - " reel . copy from the british library (not in thomason tracts), cropped at foot, losing imprint. reproductions of the originals in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (wing p p ). civilwar no the case of the impeached lords, commons, and citizens; truely stated. prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - sara gothard text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the impeached lords , commons , and citizens ; truely stated . psal. . , . commit thy way unto the lord , trust also in him and he shall bring it to passe . and he shall bring forth thy righteousnesse as the light , and thy judgement as the noon day . acts . , , , , . and when it was day , the magistrates sent the sergeants , saying , let those men go . and the keeper of the prison told this saying unto paul , the magistrates have sent to let you go : now therefore depart and go in peace . but paul said unto them , they have beaten us openly uncondemned , being romans , and have cast us into prison , and now do they thrust us out privily ? nay verily , but let them come themselves and fetch us out . and the sergeants told these words unto the magistrates : and they feared when they heard that they were romans . and they came and besought them , and brought them out , and desired them to depart out of the city . the case of the impeached lords , commons and citizens truly stated . the lords and commons in parliament , in the moneths of march and april , and may last , taking into their serious consideration , the * absolute necessity of disbanding the greatest part of the army , after the total reducement of the kingdom , for the present ease of the people from taxes and free-quarter , and the speedier relief of ireland , then in danger to be irrecoverably lost ; did thereupon pass some votes and declarations for disbanding the foot , and some regiments of horse of the army , and sending them into ireland , under the commands of two major generals , skippon and massey , and imployed commissioners from both houses to the army , for that purpose , where they * eng●ged many officers and souldiers for that expedition . but by the under-hand practises of leiutenant general cromwel , and his confederate officers and agitators , the relief of ireland was not only obstructed , but wholly frustrated ; and the major part of the army animated , to enter into a solemn engagement , not to disband upon any terms , till they had obtained satisfaction from both houses , to certain high proposals and demands ; which the houses for quietness sake , and irelands better accomodation ( though with some disparagement to their honor and power ) condescended unto . but the concession of all their first demands , was so far from satisfying those restlesse spirits ( who had other designs to carry on ; since visible to all men ) that they encouraged them to greater insolencies , and higher demands then ever , comprised in their * letters , proposals , remonstranses and manifestoes in iune and iuly following , of purpose to pick new quarrels with the houses and city too , and to keep themselves in an intire body , to carry on their dangeraus plots against all opposition . in pursuance , whereof they first with a party of horse commanded by cornet ioyce , forcibly and traiterously * seized on the kings own royal person at holdenby , upon false pretences , and removed him thence into the armies quarters , contrary to his own , and the commissioners of both houses protestations ; refused to resign him up , or dispose of his person according to the houses votes ; removed the guards , appointed by both houses from him , put new guards of their own upon him ; who excluded the scots commissioners from any access to his presence against the law of nations and votes of both houses ; and yet then granted free access for all malignants to him , and admitted malignant chaplains to attend him with the book of common prayer , and all episcopal ceremonies , which they so much decried heretofore as anti-christian . neither rest they here , but refusing to disband even after all their arrears were promised to be payd or secured by the houses ; they mutinously and rebelliously ( against the express votes and commands of both houses , and desires of the city ) march up in a warlike manner towards london , threatning to force the houses and plunder the city if they had adhered to them , in case they granted not their unreasonable desires by the short time prefixed to them , approaching within few miles of the city with their whole body , seizing the block-houses on the river by violence , quartering their forces round about it , and sending their warrants for provisions to constables , within the very lines of communication . whereupon the houses to provide for their own safety and the cities , if the army should invade them by open force ; both houses on the . of iune by ordinance , appointed a committee of lords and commons , to joyn with the militia of london , to consult , advise and put in execution all wayes and means , which in their judgments might be necessary for the safety and defence of the kingdom , parliament and city , and to rayse horse and foot for that purpose &c , of which committee some of the afterwa●●● impeached commons , and now imprisoned and impeached lords were members ; which committee after some few meetings ( in hope of a final pacification ) was discontinued ; and the houses by the armies dayly approaches , enforced to repeal sundry of their just votes , remanstrances and ordinances to quiet their distempers . after which condescention , the army did not only publikely censure them for it in p●int , but likewise declare their dis-satisfaction by all the houses had done or promised , unless the commons would presently purge their house from all members disaffected to these their mutionous practises , and suspend no less then eleven of their emmentest presbyterian members at once from sitting in the house , before any particular proofs or impeachments against them , upon a meer general and illegal charge sent from st albons ( then the head quarters ) iune . upon which , though the house after full debate resolved iune . that by the laws of the land , no iudgment could be given for their suspention upon that general charge , before particulars produced and proofs made ; yet the army threatned to march up to westminster , in case they were not removed from sitting or voting in the house ; whereupon the members voluntarily withdrew themselves , and afterwards put in their answers to the false and scandalous particular articles the army afterwards sent up against them , of purpose to wound their reputations , without any intention to bring them to their legal tryals , being never able to prove the least title of those articles , of which the whole house and kingdom know them to be guiltless . upon this their voluntary withdrawing , though the army and their instruments took occasion to traduce them as guilty , yet they began to draw their quarters , and disperse themselves further off from london ; but with a resolution to take the first occasion of returning thither before they were sent for , the gaining of the city and tower of london into their custody , and placing of their own guards upon both houses , and mould them to their own pleasures , being the main design of their first approaches towards it . and no occasion of returning , being given by the houses or city , who complyed with them in all their unreasonable desires , they thereupon projected to make one unreasonable demand more , which might in all probability occasion it , and they divide the city and both houses one from another ; and that was to desire the houses to repeal the ordinance for the new militia of london , ( which no ways concerned the army in point of interest or right ) and to restore the old without any exceptions to their persons , or any cause alleadged , or once acquanting the city therewith , to whom both houses and the army too were most deeply engaged . hereupon sir * thomas fairfax sends a letter to the speaker of the house of commons , intimating the officers and armies desires , that the new militia of london might be altered , and the old revived , without ever acquainting the city or their commissioners in the army therewith : upon which letter alone ( the house being very thin , and most members driven away by the menaces ) on iuly , in the afternoon the ordinance for the new militia , made by unanimous consent of both houses , when full and free , may . to continue for a full year , was suddenly voted in the house of commons , by some few casting voyces to be repealed , before moneths expired ; and a new ordinance for reviving the old militia , drawn up , passed , transmitted to the lords house about a clock at night , when the house was empty , and then presently passed without out any debate , ( though moved to be put off by some , till the city to whom they were so much obliged , and whose s●fety and priviledges it so highly concerned ) were acquainted therewith , and heard what they could obj●ct against it , who never had the least intimation of it till it was past . the pretence for this hasty passing , was , to prevent the the armies-speedy march to westminster , if the houses refused to pass it ; and the cities opposition against it , if not passed before their notice of it ; but the real design was to discontent the city , and enforce them to some act or other , as might give the army occasion to march rather against them , then against the houses , and engage them and their party in the houses against the city and their friends . this ordinance of repeal being made known to the city , the next day , being saturday , iune . they were much discontented at it ; and meeting at a common councel , voted unanimonsly against it , as a great injury and astront unto them ; both , because the houses and army never acquainted them therewith , but did it on a sudden in a thin house without their privity , or any reason alleaged , or just exceptions to the new militia in the ordinance for such an alteration , which so highly concerned their safety and priviledges ; and because the repeal of this ordinance , upon no other grounds but the armies desire , might justly shake all other ordinances for securing the vast sums they had lent and advanced upon the excise and sale of bishops lands , and for their indempnity , and make them repealable at the armies pleasure , as wel as this , to their utter undoing . whereupon they resolved to petition the houses on monday morning for the repeal of this hastty injurious ordinance of iuly . for selling the new militia , and drew up a petition then for that purpose ; which the sheri●s and common-counsel presented to the houses on monday the . of iuly : after which about a thousand apprentices , and young men of the city , without any armes at all , came with another petition of their own to both houses , wherein they remonstrated , that they were heirs apparant to the city , whose rights and priviledges they were sworn to defend , and the houses had of times promised to maintain ; that the ordering of the cities militia was the cities birth-right , belonging to them by charters confirmed in parliaments , for defence where of they had adven●ured their lives and fortunes as far forth as the army ; and therefore desired it might be returned into those hands , in which it was put by the whole cities consent , by the ordinance of the . of may ; upon reading these petitions in the lords house , they were pleased to revoke the ordinance of iuly . and resume that of may . by a new ordinance of iuly . which they sent down to the commons , where some apprentices were over-earnest and urgent to get the ordinance passed , refusing to suffer some members to go out of the house , till they had passed the new ordinance sent from the lords , or to come out of the house into the l●bby , when they were divided upon the vote , about it , which at last they passed about of the clock ; whereupon most of the apprentices departed quietly into the city , without any further disturbance . after which some disorderly persons , most of them malignants , & disbanded souldiers , not apprentices ( by the instigation of some masignant , sectaries and friends of the army ) gathered about the commons door , and grew very outragious , enforcing the speaker to take the chair after the house had adjourned , not suffering him or the members to depart the house , till they had voted : that the king should come to london to treat with the houses about a peace . with which violence the common-councel of london being acquainted as they were sitting in the guild hall , they presently sent the sheriffs with such assistance as was ready at hand ( the militia then being in an unsetled condition by the houses own act , and contradicting ordinances ) to suppress the tumult , and rescue the members ; who thereupon hasting to westminster , did their best endeavours to effect it ; and at last pacified the unruly rout , and conducted the speaker in safety to his coach and lodging about nine of the clock at night , which was as much as could be expected from the city , in this interval of their militia's unsettlement . the lords adjourned their house till fryday morning ; the commons only till the next morning being tuesday ; against which time the new established militia provided a strong guard for the house it self : whether the speaker and members repaired about of the clock safely without any interruption , and there sate securely , till they agreed to adjourn the house till friday morning following , upon this ground ; that the lords had adjourned their house till that time , and had made a peremptory order for all their members then to attend the house , notwithstanding any former leave granted to be absent . the next day being the monthly fast the speakers and members met at margarets church in westminster , and there kept the solemn fast without disturbance : where mr speaker in the church complained publikely to sr ralph ashton , and other members setting near him , to this effect ; that there was a great scandal raised on him in the city , which did much trouble him , as that he had left the house , and was run away privatly to the army , or intended to do it : tha● he had no such thought , and sco●ned to do such a base , unjust and dishonorable action ; and would rather die in the house and chair , then desert them for fear of any tumults . which being spoken in the church and presence of god on the solemne fast day , when he would not dissemble , makes most men conclude , his secret departure to the army the very next day , proceeded not from his own judgment or inclination , but from some strong invitations or menaces sent from the army by those who contrived this desperate plot to divide the city & houses , and bring up the army to inthrall them both . on thursday morning early the new renewed militia of london , to prevent all future disturbances to the houses , made publike proclamation throughout the city & suburbs , & set up printed tickets at westminster & other usuall places within the line , that if any person or persons should offer to disturb either of the houses or their members , the guards should apprehend them , and in case of resistance kil or shoot them . yet not withstanding the speaker in the evening stole away through hide parke in his coach to the army , and went to windsore to the head-quarters , accompanied with sir ar. hasterig & other members , who met him by the way . on friday morning about . members or more met at the commons house , expecting the speakers coming , whither the serjeant coming without his mace , being demanded where the speaker was , answered , he knew not very well , and that he did not see him that morning , and was told he went a little way out of town last night , but he thought he would return , & expected to meet him at the house . after which being somwhat strictly interrogated by some members about the speaker , he suddenly withdrew himself , and could not be found , till the house had chosen a new speaker & serjeant , and procured a mace ; and then he returned with the mace carried after him under his mans cloke , which he said he had been seeking out all the time of his absence . the house , after two houres attendance , sent of their members to the speakers house , to inquire what was become of him ; who returning reported from his servants , that he was gone forth of town the evening before , & was not likely to return that day , and that they conceived he was gone to the army : whereupon they resolved to chuse a new speaker after some debate , and called mr. henry pelham to the chaire ; after which they chose a new serjeant in the absence of the old . in the meane time the lords assembling in their house upon speciall order and summons , received a letter of excuse from the earle of manchester for his absence , by reason of some indisposition befallen ; whereupon they chose the lord willoughby of parham their speaker in his roome , having frequently changed their speaker this parliament , as they saw occasion : and about three of the clock that day , the commons presented their new speaker to the lords sitting in their robes after the accustomed manner , who approved to their choice , to prevent a discontinuance and faler of the parliament for want of speakers to adjourne and continue it , and prevent all scruples which might arise thereupon . this done they proceeded to vote and act as a parliament , which they might lawfully doe . first they voted in the eleven wrongfully impeached members , and others unjustly questioned by cromwells and his confederates practise in the armies name , to take away their votes , to attend the seruice of the house , which they accordingly did : next they revive and set up the committee for the safety by an ordinance of both houses ; authorizing them to joyne with the committee of the restored city militia ; and by severall votes & ordinances gave power to these committees for the listing and raising of forces , appointing chiefe commanders and officers issuing out arms and ammunition for the safety and defence of both houses and the city , against all such who should forcibly invade them : which votes & ordinances for their self-defence ( warranted by the very law of nature , as the armies declarations assent ) were not passed nor put in execution , till the army under sir tho. fairfax ( recruited extraordinarily every day without & against the houses orders ) were on their march towards london , & most contemptuously disobeyed the votes and letter of both houses , inhibiting them to come within . miles of the city : which letter sir thomas out of his great humility refused to much as to answer , or take notice of : whereupon the army drawing near the houses and city in a warlike manner , with a resolution to force & assault them by violence ; thereupon the committee of safety and the militia of london by ordinance and speciall command of both houses , raised new forces of horse & foot , mounted some of their cannons , manned some of their works , and made preparations only for their own defence , as they might lawfully do , and had done formerly , by vertue of that supreme power of both houses , which first raised , and after voted down this perfidious army , who now refused to obey their masters commands , and marched up against them with much rage and fury as enemies . to countenance this their trechery and rebellion the more , they draw the speakers & fugitive members of both houses to sit in counsell with them in the army in nature of a parliament , and to signe an ingagement , to live and die with sir t. fairfax and the army in this quarrell . whereby they were so animated , that sir th. fairfax raised the traine-bands of hertfordshire and other counties , to joyn with the army , and march up against the houses and city ; who were so desirous of peace , that they sent commissioners & agents sundry times one after another to mediate an accord , and keep off the army from approaching neare the city ; who were exceedingly sleighted , & could obtain no termes of peace or agreement from them , unlesse they would unworthily yeeld to desert both houses & the impeached members , contrary to their ingagement , covenant and duty , renounce and call in their own declaration then newly published ; relinquish their militia , and deliver up all the forts and line on the westside of the city next to westminster into the armies hands , together with the tower of london and magazines in it , disband all their forces , put all the reformados out of the line , withdraw all their guards from the houses , and receive a guard of such horse & foot within the line as the army should appoint toward the houses , demolish their works , and suffer the whole army to march in triumph through the city , as absolute conquerours of it and both houses too . to all which dishonourable and base conditions ( worse then any the king or cavaliers would or could have put upon them , in the condition and posture of defence they then were ) the aldermen and common councell , to their eternall dishonour and infamy , suddenly and unexpectedly condescended . whereupon a party of the army entred the line , seized the forts agreed upon , and on the . of august the generall brought the fugitive speakers & members to the house with a strong party , ( who might have returned at their pleasure before without any guard , had they pleased ) placed the speakers in their chaires out of which they were justly voted , without any order of the houses , the lords house being then adjourned during pleasure ; where the generall was set in a chaire of state , and received speciall thanks for this service from the speakers in both houses names , who made him generalissimo of all the forces and forts of the kingdome to dispose of them at his pleasure , made him constable of the tower , voted the common souldiers one moneths gratuity for this service , besides their pay ; left all their guards to his disposing , and to mock god , as well as men ; voted a publike day of thankesgiving to be kept both in the city and throughout the kingdome , for their restoring the parliament to its honour and freedome , in this forcible and dishonourable manner , not to be patterned in any age . after which the generall and his whole army marched through the city in greater triumph and state , then ever william the conquerour , or any of his successors did ; takes possession of the tower , turnes out the honest lievtenant there , who royally entertained him , without any cause assigned ; displaceth most governours in other forts and garrisons , though setled by ordinance and speciall votes of both houses ; alters the militia of the city , sets up a new militia in westminster and southwark divided from that of london , contrary to severall ordinances , and the articles of the treaty ; causeth the line and works about the city to be demolished , drives away most of the members by menacing declarations , procures an ordinance by meere force and violence to passe the houses , declaring all the votes , orders , and ordinances of one or both houses from the . of iuly to the . of august , to be null and void , which the commons had foure or five times laid aside and refused to passe upon the question ; and then by confederacy with the fugitive members , procured the lord mayor and divers aldermen and citizens of london , who had shewed themselves most faithfull and active for the parliament all these wars , and done more service for them then any in the army , to be impeached of high treason , and shut up prisoners in the tower ; procures the recorder , sir iohn maynard , and commissary copley , without any legall hearing or examination to be suddenly thrust out of the house , and some other members to be suspended , and all those questioned who fate or voted in the speakers absence , and no lesse then seven lords ( viz. theo●hylus earle of lincolne , iames earle of suffolke , iames earle of middlesex , george lord berkly , francis lord willoughby , iohn lord hunsdon , and william lord maynard , who had ever adhered to the parliament ) to be impeached of high treason , sequestred the house , and committed to the black rod , who sate and voted in the house in the speakers absence ( by colour of a speciall order made before their departure , that every member of the lords house should there attend ) upon pretext , that they had levyed warre against the king , parliament and kingdome . when as they acted nothing but in the house , or at the committee of safety and the militia by expresse order and authority of both houses , for the parliaments and cities just defence against a mutinous and rebellious army then marching up hostilely against them , contrary to both houses votes and orders without any authority but their owne . this is the true state of the case of the impeached lords , commons and citizens , who have been eagerly prosecuted by the army and their confederates in the house , when those malignant lords who levied actuall warre against king , parliament and kingdome , exempted from all pardon heretofore by votes and ordinances of both houses , as traitors and publike enemies to the kingdome , are suffered to go unprosecuted , yea pleaded for in the houses , and permitted to walk freely about the city , and repaire to the king in the armies quarters , while these faithfull lords , members and citizens are shut up prisoners , and prosecuted day by day , without any proof or guilt to make good the charge . the sole question then will be , who are the reall traytors , and actuall endeavourers or raisers of a new warre against the king , parliament and kingdome , in this case , whether the impeached lords , members , and citizens , or the army and their confederates , and fugitive members , who excited them to march up thus to london against both houses and the city , without any authority from the king , parliament , kingdome , and contrary to both houses expresse orders , letters and commands ? certainely , if indifferent disinterested members and persons may be iudges , or umpires in this case , or the consciences of the accusers themselves may be judges , those lords , members , and citizens listing and raising forces onely for their owne just and necessary defence by expresse ordinances , votes and orders of both houses of parliament , was so farre from being high treason , or levying of a new warre in them , that it was a just , necessary and lawfull in them , both by the law of nature , scripture , the statutes of the realme , the practice and resolutions of both houses , and of the army it selfe in their defensive warres against the king and his assailing forces , and a duty to which their covenant and publike trust ingaged them unto , under the paine of perjury and treachery both to the king ( taken violently by a commanded party out of both houses custody , and detained prisoner from them in the army against their votes and commands ) and to the kingdome , parliament , and city , to whose preservation and defence they had so many obligations against a mutinous and rebellious army , marching up thus hostilely against them without any just ground or authority at all , but the executing of their owne treasonable plots and designes both upon the king , kingdome , parliament and city , as their subsequent proceedings manifest . and every thiefe may as justly accuse each honest man of treaand levying a new warre , if he both but provide and weare a sword or pistoll to resist him when he comes to take his purse , or breake open his house , as the army and their confederates may those lords , members and citizens of treason and levying a new warre , by this provision of forces and armes to defend themselves in case the army should violently affault the houses or the city in a rebellious and hostile manner , without shedding one drop of blood , or marching out of their lines to fight with them , though they gave them just occasion ; and therefore sir thomas fairfax and the army in their remonstrance of august , . . p. . . confesse ingenuously , that if those pretended votes , orders and ordinances whereby war was levyed against those members of both houses who fled to the army , were then good ( when as they were made ) and valid , though they should now be repealed , yet we with the speakers and those members aforesaid in opposing of them while they were of force , must needs remaine transgressors still , and yet god and wee are thanked for it . to avoid which dangerous worke , they forced the houses ( by a more horried force then that of the apprentices , and this menacing treasonable remonstrance , to passe an ordinance , august , , for declaring all votes , orders and ordinances passed in one or both houses , since the force on both houses , july , untill the sixt of this present august to be null and void . of purpose to excuse themselves from this very guilt of high treason , in leying warre against the king , kingdome and parliament , which they would most injuriously fasten upon others who are innocent to evade their owne guiltinesse . but neither god nor man will be long thus mocked or deluded by them : and this present age and all future generations , will conclude at last in despite of all opposite powers and evasions ; that the generalls and armies refusing to disband upon the votes and ordinances of both houses ; seizing the king , and rescuing him from the commissioners of both houses with an armed party , marching up forcibly to london against the houses expresse commands , surprizing the block-houses at gravesend by force , with the slaughter of some of the garison there settled by the houses ; falling violently upon sir robert pyes men in their quarters , and wounding some of them neer greenwich where they were billetted by the houses order , without any provocation , impeaching and seizing on some members of the houses , and carrying them prisoners to the head-quarters , against their wills ; enforcing the houses to null and repeal their owne just votes and ordinances , recruiting the army with many thousands of new souldiers , raising the train-bands of the countries , marching up to london in a body , seizing the forts in southwarke and westminster , coming in arms to the very houses with the fugitive speakers and members , putting a guard of horse and foot of the army upon both houses , threatning by force to keep divers members out of the house , and pull them out by head and shoulders if they presumed to intrude into them , forcing away most of the members from the houses ; marching through the city in triumph throwing , downe their lines and works , seizing upon the tower of london , and the isle of wight , beleagring the city and both houses of parliament of purpose to enforce them at their pleasure sending strange and treasonable remonstrances and papers to the houses to passe contrary to their votes and judgements , and utterly ruining the countrey with taxes , free-quartering upon them against the peoples wills , and listing twice the number allowed by the establishment , when there is no apparent enemy in the kingdome , nor order of the house for such strange recruits , their violent impeaching of these innocent lords , members , and citizens , and saying publikely in the army and houses , that the longest sword must carry it , and the army will have this or that , whether the houses will or not ; and that we are all but their conquered slaves , and vassalls , and all we have is theirs , having wonne it by the sword : and the speakers and engaged members confederacy , and engagement to live and die with the army in these their treasonable proceedings , is no lesse then high treason in good earnest in them all , and an actuall levying of warre against king , kingdome , parliament , and city ; for which god and men will one day bring them to exemplary punishment , if they unfainedly repent not of it , and give some honourable publike reparation to those innocent faithfull lords , members , and citizens , they have most falsly and injuriously impeached , and imprisoned for those very treasons and practises of which themselves are only culpable . this being the true state of the impeached and imprisoned persons case , we may justly stand amazed at the strange insolency and impudency of the councel of the army , in their late humble ( alias most arrogant ) representation , presented by some of them to the houses of parliament , decemb. . . who though in most of their former remonstrances , they had pleaded this , to be the hereditary freedome of all subjects ( since voted by both houses ) freely to petition the parliament without restraint ; as some of their fraternity have frequently done of late in a most seditious manner ; yet they fall pel-mel upon the common councell of london only for petitioning the houses for relief of their imprisoned fellow citizens ; and on the commons house and members too , in this most saucy language : pag. . . and now also we must earnestly desire that the proceedings against those citizens , and others lately impeacht , may be hastned , and out of their fines and confiscations , some part of reparation may be made to the countries adjacent for the aforesaid damages , which the crimes of those persons and others in the city did first bring upon them ; and indeed , without something done against those persons for example to others , we do not see ( when it shall withdraw ) with what safety or freedome the parliament can sit longer at westminster , especially when we find the common councell ( through the parliaments and armies lenity ) to take the boldness already ( in the face of both ) to intercede for the relief and acquittall ( or rather justification ) of those impeached persons , ( who indeed are but fellow-delinquents ( we doubt ) to most of that councell ) as if that so actuall , immediate , and horrid a force upon both and the whole houses of parliament , and the levying of war in abetment and prosecution thereof , and of that concurrent treasonable engagement , were already forgotten by them to have been any crime ; the consideration whereof , and of the renewed confidence of master gewen , and some other members of parliament ( known to have been partakers , if not principalls in the same things ) who yet presume , and are suffered to appear again in the house ( as in those things there had not been so much fault , as to render them lesse worthy of continuing in that highest trust ) makes us begin to fear , that , while so much of the same leven ( through lenity and moderation ) is left behind , is may shortly spread , till even the worst of the eleven members ( notwithstanding their double crimes ) be again called for in , unlesse the house ( by some exclusive resolutions and proceedings ) do timely prevent the same ; we hope therefore the parliament will weigh these things , and speedily ( ere it be too late ) consult ( at least ) their own safety and the kingdomes : if not ours and the armies , their poor servants , and something concerned with them ( especially ) in that affaire . by this printed passage , the whole world may plainly discover the unparalled insolency , malice , injustice of the saints and councel of the army , ( who * exceed the very deeds of the wicked ) against the wrongfully impeached citizens and members , whose principall prosecutors and accusers they are ; this representation being sent of purpose to promote the lords impeachment in the commons house just when it was there debating , though since laid aside for want of proofs , and matter , to make up a charge against them ; and yet they , with the impeached aldermen and citizens must be still prosecuted , imprisoned , and not released , nor the falsly impeached and suspended lords and commons re-admitted into the houses for fear of displeasing the generall and grand councel of the army , who are really guilty of all the * crimes and treasons which they would falsly charge on these to excuse themselves , and of cornet ioyce his matchlesse treason in plundering the king out of the parliaments possession , whom yet they never questioned , nor impeached for it . if this be the justice and charity of those saints , the generall and councel of war ( who have not yet learned that lesson and common rule of justice from our saviour , whatsoever ye would that men should do unto you , even so do unto them , for this is the law and the prophets , mat. . . nor that lesson of iohn baptist ( a burning and shining light , but yet no new one ) even to soldiers themselves ; do violence to no man , neither accuse any man falsly , luke . . ) god deliver all honest and innocent persons from such malicious prosecutors , such unrighteous judges , and * men of violence : but let this be these restrained innocents cordiall , and their persecutors terror : * evill shall hunt the violent man to overthrow him : his mischief shall return upon his own head , and his violent dealing shall come down upon his own pate . god hath spoken it in his word , and it shall most certainly come to passe in his due time , if they can but with faith , and patience , wait upon him till its accomplishment , without fainting or despair . now because the generall , councell and army are so eager in pressing for justice upon some members , and the imprisoned aldermen and citizens , pretending them guilty of the apprentices force upon the houses ( of which there is no evident proof ) to requite their kindnesses we shall evidently demonstrate there is greater cause for the houses and city to crave justice against them , as being far more guilty of forcing the houses in a horrid and desperate manner , then the apprentices , who so far they exceeded in these respects . first , they and the army marched up in an intire body from their quarters towards london to force the houses , against their expresse votes , orders , and the cities desires ; the apprentices did not so , having no command from either house , not to repair to westminster , nor no members sent to them as commissioners to stay their march , as the army had ; whom no doubt they would have better obeyed then the army did the houses commissioners . secondly , the apprentices were all unarmed , without swords or sticks in their hands , and not above one thousand or two at most : whereas the army were all furnished with swords , muskets , pikes , pistols , armes , staves , and a train of artillery , and marched up with banners displaied in a body of fifteen thousand fighting men or more . thirdly , the armies force and violence proceeded from their own mutinous disposition , and the personall malice of some of their chief officers against the xj . eminent members , and others who crossed their private designes , without any just provocation , or preceding president of such a force and rebellion in any other of the parliaments armies . but the apprentices force as it was successive too , so it was encouraged and occasioned by the armies to revive the ordinance for the cities new militia , passed by unanimous consent of both houses when full and free ; which the generall and army had forced the houses to repeal when thin , and under their power and terror , against the rules of honour and iustice before one quarter of the time for which they setled it was expired , without any notice given to the city or new militia , or charge or exceptions against them , to which they might make answer . fourthly , the generall , councel and army in a forcible manner impeached divers eminent members , forced their withdrawing suspention , and expulsion from the house , and never desired till they had driven them out of the house and kingdome : which done , they pressed a new purging of the houses from many other members , under pretence of malignancy , and their compliance with the king and his malignant party , even when and whiles themselves were complying and holding treaties with the apprentices , never impeached , nor pressed the suspention or exclusion of any members , nor kept any one member forcibly out of the houses , but onely kept most of them in till they had granted their petition , and repealed the ordinances and votes which the army had forced from them some three daies before . fiftly , the army menaced and forced the houses in and by sundry printed treasonable declarations , remonstrances , manifestoes , letters , and representations ; published to withdraw the city and country from , and animate them against the houses and members , for divers weeks and monthes together ; and when their first demands , as soldiers , were all granted ; yet still they insist on new and higher demands as subjects and statesmen . whereas the apprentices force was soon ended , and they did no such thing , and desired nothing but what immediately concerned the city and themselves . sixtly , the army and their grandees by letters and menaces induced and forced the speakers and some members ( contrary to their trust and duty ) to desert the houses and repaire to the head quarters , and there to enter into a strange engagement , to live and die with them in their quarrel against the impeached members , and others who deserted not , but continued in the houses , and the citizens who adhered to them . and by a treasonable declaration august . they declared all the votes , orders and ordinances made in both houses without any force from iuly . to august . to be null and void ; and by putting their own two armed guards upon the houses , by a party of horse drawn up to hide parke , and with cromwells , iretons , and other officers , menacing high speeches in the house , they enforced the houses against their former resolutions to passe an ordinance to declare them null and voide ; threatning to take all the members of both houses that sate and voted in the speakers absence as prisoners of war , to try them by martiall law , and pull them out of the houses by head and shoulders if they presumed to intrude into the houses , &c. by which occasion they forced away many of the remaining members , and by force obtained their desires . the apprentices never did any thing half so forcible and treasonable , as these matchlesse affronts and insolencies of the army . seventhly , the chief contrivers and abetters of the armies violence and force against the houses and members , were perfidious degenerated members both of the army and commons house , who acted and plaid their parts in both for their best advantage , as cromwell , ireton , rainsborough , harrison , fleetwood , with other officers who received their commissions and wages too from the parliament , and therefore were obliged more then others to obey , and not thus openly to force , affront , and rebell against them . whereas none of the apprentices were members , nor any of them in commission or pay as mercenaries or servants to both houses . their force therefore upon the houses in these , and many other respects being far more horrid and treasonable then the apprentices , and the occasion of theirs ; they ought in law and iustice to be first , and most exemplarily punished ; the rather , because they still persist therein even in this their last representation of december . ( as high and treasonable as any of their former papers ) whereas the apprentices ended in few howers , and was never since revived . in brief , their own dear friend , mr. oliver st. john , his majesties sollicitor generall , in his argument of law , concerning the act of attainder of high treason of thomas earle of strafford , at a conference in a committee of both houses of parliament , published by order of the commons , an. . directly proves the general , lieutenant generall , councel and army , more guilty of high treason in levying war against the king , kingdome , parliament , and now listing and quartering , and sessing soldiers upon the people in their own houses against their wills since the votes for their disbanding , then ever strafford was ; his argument being an expresse arraignment and attainder of them , and these their late proceedings , ex post facto , as those who shall review it will at first discern . and if his argument passe such a sentence against them , the whole kingdome cannot but judge them guilty . finis . notes, typically marginal, from the original text notes for div a e- * see their declaration for disbanding the army . . may . * the xi accused members answer to the particular charge of the army . p. . : . a vindication of officers come off from the army . the agitators letter to l. g. cromwell , march . the armies engagement . * of iune . . . . . . . iuly . * the lord mountagues letter & narrative iune mr rymes his narration to the house of peers . iune , . . * see the let●…r and re●…onstrance ●…om his ex●…llency and ●…e army p. . rather the armies reb●…lion against the houses . it seems the army n●… rank themselves in equip●… with the parliament : and i●… their lenity , not justice , t●… we enjoy our lives and est●t●… your force upon the h●●ses and their members , was more horrid then the appr●●tices ; yet continued even and in this treasonable i presentation . your engagements no 〈…〉 disband , &c. were far m●●● treasonable . it is more presumptio●… you and your cromwell , ire 〈…〉 thus to tax the house members , then for these to●… in the house , being not ●…peached : and no such t●…tors , as these your grandee●… the worst of them is betand honester then cromwell , ireton , or the best of you , put●cy projects be true . onely the speakers and ●embers who signed the en●●gement are concerned in 〈…〉 s aff●ire , as well as you , not 〈◊〉 houses . * ●…er . . . * ●…ee the pu●●… projects : 〈◊〉 a word to 〈◊〉 g. cromwell ; ●●ich fully de●●nstrate it . * psal. . . * psal. . . psal. . . mr. penn's advice in the choice of parliament-men, in his englands great interest in the choice of this new parliament ; dedicated to all her free-holders and electors. penn, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing p a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mr. penn's advice in the choice of parliament-men, in his englands great interest in the choice of this new parliament ; dedicated to all her free-holders and electors. penn, william, - . sheet ([ ] p.) s.n.], [london : published this fourth of december, . caption title. place of publication suggested by wing. excerpted from the author's "englands great interest in the choice of this new parliament", originally published in . "the abovesaid being not unseasonable at this present conjecture, it is thought meet to have it thus published this fourth of december, "--colophon. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- elections -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. penn's advice in the choice of parliament-men , in his englands great interest in the choice of this new parliament ; dedicated to all her free-holders and electors . pray see that you chuse sincere protestants : men that don't play the protestant in design , and are indeed disguis'd papists , ready to pull off their masks when time serves : you will know such by their laughing at the plot , disgracing the evidence , admiring the traytors constancy that were forc'd to it , or their religion and party were gone beyond an excuse , or an equivocation . the contrary are men that thank god for this discovery , and in their conversation zealously direct themselves in an opposition to the papal interest , which indeed is a combination against good sense , reason and conscience , and to introduce a blind obedience without ( if not against ) conviction ; and that principle which introduces implicit faith and blind obedience in religion , will also introduce implicit faith and blind obedience in government ; so that it is no more the law in the one than in the other , but the will and power of the superior , that shall be the rule and bond of our subjection : this is that fatal mischief propery brings with it to civil society , and for which such societies ought to be aware of it , and all those that are friends to it . [ pag. . ] the abovesaid being not unseasonable at this present conjuncture , it is thought meet to have it thus published this fourth of december , . finis . his majesties resolution for the calling of a free parliament upon the humble motion and advice of a great council of his peers. james ii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties resolution for the calling of a free parliament upon the humble motion and advice of a great council of his peers. james ii, king of england, - . broadside. s.n., [london : ] imprint suggested by wing. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- james ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties resolution for the calling of a free parliament , upon the humble motion , and advice of a great council of his peers . his majesty was graciously pleased , upon tuesday , nov. . . to advise with a council of his peers , about the present unhappy state of his affairs , where they attended his royal pleasure according to a summons unto them directed . there were present , twenty five protestant temporal lords , and nine lords spiritual , being the whole number that were within distance of appearing according to the time of summons . his majesty was pleased to express himself with great clearness and respect upon the subject of that meeting , requiring their lordships to deliver their judgments with all freedome upon the matter in hand , wherein they acquitted themselves accordingly upon the several points that they had in debate ; and upon a full consideration of the whole affair , their lordships came to this resolution , ( without so much as one negative ) that they saw no way of redress , considering the grievances and distempers of the people , and the present circumstances of his majesties condition , but by the speedy calling of a free parliament , which their lordships with one voice humbly besought the king to do : whereupon his majesty was pleased to declare to their lordships , to this effect ; that their advice was according to his own inclinations , but it being a matter of so great an importance , he would take time til the next day to consider of it . and upon the day following , his majesty was pleased to order the issuing out of writs for the calling of a free parliament . there were present , his grace the arch-bishop of canterbury , and his grace of tork in nomination , with seven prelates more . the right honourable the lord chancellour , the marquiss of hallifax , the earls of oxford , pembrook , clarendon , anglesey , carlisle , craven , aylesbury , burlington , yarmouth , berkley , nottingham , rochester , vicount falconberg , vicount newport , vicount weymouth . the lords , chandois , paget , vaughan , montague of boughton , maynard , howard of escrick , ossulston , godolphin . a letter from the right honourable ferdinando, lord fairfax, sir hugh cholmley, sir philip stapleton, sir henry cholmley, committees of the commons house of parliament residing at york being a relation of all the passages at the great meeting at york, on thursday the . of this instant may : with the names of those gentlemen that concurred with the king concerning a guard for his sacred person ... : also the free-holders protestation, inclosed in the letter from the said committee, to master speaker ... and the votes against removing the next term to york. fairfax, ferdinando fairfax, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from the right honourable ferdinando, lord fairfax, sir hugh cholmley, sir philip stapleton, sir henry cholmley, committees of the commons house of parliament residing at york being a relation of all the passages at the great meeting at york, on thursday the . of this instant may : with the names of those gentlemen that concurred with the king concerning a guard for his sacred person ... : also the free-holders protestation, inclosed in the letter from the said committee, to master speaker ... and the votes against removing the next term to york. fairfax, ferdinando fairfax, baron, - . stapleton, philip, sir, - . cholmley, hugh, sir, - . cholmley, henry, sir, - . [ ] p. printed for richard lownes and are to be sold without ludgate, london : . "h. elsing. cler. parl. dom. com." reproduction of original in bodleian library. eng england and wales. -- parliament. great britain -- history -- civil war, - . a r (wing f ). civilwar no a letter from the right honourable ferdinando, lord fairfax, sir hugh cholmley, sir philip stapleton, sir henry cholmley, committees of the fairfax, ferdinando fairfax, baron d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the right honourable ferdinando lord fairfax , sir hugh cholmley , sir philip stapleton , sir henry cholmley , committees of the commons house of parliament residing at york . being a relation of all the passages at the great meeting at york , on thursday the . of this instant may . with the names of those gentlemen that concurred with the king concerning a guard for his sacred person . and the petition of the county , with his majesties answer to it . also , the free-holders protestation , inclosed in the letter from the said committee , to master speaker , and ordered by the said house to be forthwith published in print . and the votes against removing the next term to york . h. elsing . cler. parl. dom. com. london , printed for richard lownes , and are to be sold without ludgate . . sir , in our last letter we gave you an account of our first and second waiting on the king , we writ to you then , that his majesty commanded us to attend him yesterday being thursday , to heare what he said to the gentlemen , which a little before the meeting he seconded by a particular message . being come thither , his majesty caused the severall messages between him and the parliament , mentioned in this enclosed paper printed to be read . this was done with much humming and applause of the kings messages , by some persons who had placed themselves neere about where the king stood . but when any thing from the parliament came to be read , with so much hissing and reviling the parliament , that though in respect and duty to the kings person we could not resent it , as otherwise we should have done ; yet have since expostulated , and complained of it to his majesty . some were so bold as to say openly , that the parliament-men should set their houses in order , for many of them should shortly have their heads off : one of which ( as since we are credibly informed ) was one hurst , a servant to one master william crofts . in this which was said by the king , you will see what reason we had to vindicate our selves , and therefore we immediately repayred to the deanes house with all the other gentlemen , and there we took notice of the rough usage we had received ; we told them that it was neither indiscretion nor disobedience in us ( as his majesty was pleased to call it ) to deliver the parliaments message , or to stay here though commanded to the contrary , since we conceived no man needed to be satisfied in so cleare a case as this . that every member of each house ought to obey their commands , when they were pleased to employ them . but since his majesty thought fit to bid them take heed of us , not knowing what doctrine of disobedience we might preach to them , under colour of obeying the parliament ; we apppealed to every man , whether we had in word or deed , in publick or in private , done any thing that became not honest men , and persons employed from the parliament . that we had communicated our instructions to his majesty , being that we would avow all our actions , and that we were confident it would not be said we had transgressed them . this was very well taken and justified by the countrey . yesterday there came divers thousands of freeholders to this city , though none but the gentry were summoned , but receiving a command from the king not to come to court , they forbore , and stayed in the castle yard , yet sent this petition enclosed to his majesty , and received the answere annexed thereunto . there was likewise a committee of twelve gentlemen appointed yesternight to consider of drawing up an answer to the kings proposition concerning a guard : but nothing could be then done , because it was past . a clock , before the gentleman were admitted to the king . this morning the freeholders assembled again in the castle yard , and there they made this protestation enclosed , of their right of voting in what concerneth the peace of the country , as having their interest therein . when we all met all this morning againe at the deans house , we who are your committees received this message by sir edward stanhope , that hee came from his majesty to command us , that wee should depart from this meeting ; and if we did stay , his majesty would judge us guilty of that hee spake of yesterday , which was , tampering . notwithstanding which command , we read the fourth article of our instructions to the whole company , that being pertinent to the businesse wee were then upon ; and desired them to consider , whether the parliament had not expressed therein such a care of the kings safety , that there would be little need of guards : wee told them that we had a good right of being there as free-holders of the county , but that in obedience to the king we would depart for this time ; but whensoever there should be occasion of our being there , in pursuance of our instructions and commands from the parliament , we should be ready . the whole company received great satisfaction , and desired a copy of that instruction ; which we gave them . we were the more willing at that time to goe from thence , because we should not onely give obedience to the kings command , which otherwise he would have said wee constantly disobeyed ; but because the committee of twelve appointed yesternight were then to withdraw ; so that there was nothing for the present for us to do : we immediately went to the king , and besought him that since we were continually so discountenanced by him , in the face of our country , that he would be pleased to let us know in particular wherein we had given the occasion ; for we otherwise conceived we were deprived of that liberty , which was our due in respect of that interest we had here . his majesty was pleased to tell us , that if we would lay aside that condition of committees from the parliament , he would not hinder us to be there as gentlemen of the countrey : we humbly replyed , that we could not lay that downe , nor could we be absent from any meeting where our presence was required , for the service as committees from the parliament : to which his majesty said , that indeed he thought we could not lay it down , neither that it was reasonable we should have votes , and be in a double capacity . the committee hath been here most part of this day , but not agreeing , sixe of them have drawn up this answer enclosed , which they have communicated to the gentlemen and freeholders : the greater part of the gentlemen , and all the free-holders have agreed to , and subscribed it . the other sixe have concluded upon this other answer , consenting to a guard of horse ; but this we do not heare they have gotten many names to , nor can we get a copie of those names as yet , though these be very few , yet whether they can bring in any horse or no , we cannot yet judge . the king hath received both these resolutions , which with his answers to them you shall likewise have here inclosed . his majesty had declared himselfe yesterday , that he would raise that regiment which was sir robert stricklands , for his foot guard : but he hath now laid aside that resolution . the free-holders of the county are now newly summoned to attend his majesty about a week hence , the three ridings upon three severall dayes ; but for what service we know not . sir , you have here a large narrative of the passages at this meeting , what dangers this poore countrey lies under . we humbly refer it to you to judge , not taking upon us to deliver any opinion . the businesse lasted so long , that is hindered us from giving a more speedy account . sir , this is what at this time is sent from your assured friends and servants , fer. fairfax . hu. cholmley . philip stapleton . he. cholmley . york , maii . to the kings most excellent maiesty . vve knights and gentlemen whose names are subscribed do unanimously present this our answer to your majesties propositions concerning the raising of a guard of horse for the security and defence of your sacred person . to which proposition , as we conceive our selves bound by allegiance , do willingly concurre . for that purpose humbly desiring that the aforesaid may be raised by legall authority : and likewise that it may consist of persons unquestionable in their religion , and gentlemen . the substance of his majesties answer . his majesty gave them thanks , for it appeared as a satisfactory answer , and in it they had shewed great circumspection and wisedome , by choosing such whose loyalties could not be questioned , by excluding recusants , and all suspected to be disaffected . sir thomas fairefax sir william constable sir matthew boynton sir thomas gower sir wil. st. quintin sir edward rodes sir william crayley sir thomas norcliffe sir arthur ingram sir richard darley sir iarvas cutler sir william fairefax sir hugh bethel sir iohn savell sir william lyster sir thomas renington master tho. jopson henry st. quintin arthur noel tobias ienkins henry ienkins iohn ferrer . iohn west henry atkinson henry wythes william bethell george mountaine thomas stockdale william gower richard trewman sackvill pope thomas heblethwait george eure george marwood iohn savile of medlee iohn saltmarshe william copley lyonell copley edward gower cuthbert creak william cobb doyley gower thomas rookeby iohn calverley francis grimston iohn anlaby arthur beckwith christopher waters matthew beckwith christopher copley thomas croft william parker george trotter henry westby william iemimgs thomas bradford richard wilbore iob hackwod matthew allured robert sheppard iohn acklam iohn stillington iervas hamand iohn cholmeley thomas newark henry savile lancelot allured iohn lambert francis grimston mr stephen quintin willoughby godfrey iohn stillington iohn beverley mr bomton george westby benjamin browne charles fairfax henry arthington henry tempest . these are the names subscribed in one sheet , there being many other sheets filed together all of them subscribed , and amongst them many gentlemen of note , bu● i took note only of the first sheet , having no more time . to the kings most excellent maiesty the humble petition of many thousands of your majesties peaceably affected subjects of the county of york . humble sheweth , that many of your petitioners being in their late desires of petitioning your majesty denyed accesse , kept back with violence , and receiving great affronts from some that have dependency on your majesty and others there assembled , yet no provocation could remove them from their patience and duty , which proceedings are taken more to heart , your petitioners conceiving it undeniable that they have an interest in the common-wealth , and are as dutifull , and loyall subjects to your majesty as whomsoever , though diverse of them have beene since uncivilly prest by some in your maje●●ies name to subscribe a paper , stiled the humble answer to your majesties propositions , and threatned thereto , upon which blowes followed : and that when your majesties army should bee on foot those should be first pillaged that refused such subs●r●ption , which we humbly conceive are positively contrary to your majesties own expressions , and is to the high dishonour o● you● majesty , and t●e g●eat affrightm●nt , and disturbance of your majesties liege people . therefore your petitioners having too just cause to feare your majesties royall heart is still endangered to be possessed with some distaste of your petitioners humbly supplicate your majesty , to conceive better things of them , & to cast your eye upon the present state of this your kingdom , that as your majesty hath often declared your affection to this county , so now your love might now be expressed in preserving the peace thereof , and that your majesty would admit of a right information of the cleare intentions of your petitioners , who are confident that no so absolute , and hearty observance to your majesties just commands can be demonstrated as what your majesty in parliament shall declace : which if it become devided ( as god forbid ) our hearts even tremble to consider the dangers and diminution of the honour , and safetay of your majesties posterity , and kingdoms will unavoidably b● put upon since , it is clear to every understanding , that it is not a divided part of one o● severall counties that can offord that honour , and safe●y to your majesty as the whole kingdome , which you may command , no ground of feare or danger remaining , if a good confidence were begot betwixt your majesty and parliament , whose grave , and loyall counsells are as we humbly conceive the visible way under god to put a speedy end to the troubles of ireland , and establish your throne in righteousnesse . and lastly , your petitioners do most humbly supplicate that we may represent our unfitnesse to become judges betwixt your majesty and parliament in any thing , or dispute the authority of either , which they humbly conceive doe fortefie each other , it being most unfit for them to act any thing therein but by their prayers for a right understanding betweene your majesty and them , which we shall heartily doe , as also for your majesties long and prosperous reign , and as we are bound by our late protestation shall be eady to maintain your majesties just rights , the priviledges and power of parliament and the lawfull liberties of the subjects . the kings answer to the petition of the coun●rey at the court at york , may . . his majesty having with some care considered this petition , being the first of this nature that hath been presented to him wherein any appearing well affected to his service ( though he hath heard of many in the contrary ) have misdemeaned themselves , hath commanded me to give you this answer . that he doth totally discover proceedings complained in of the petition , and expects that you and all other his loyal subjects shall rest satisfied with his severall gracious declarations and constant peaceable practice towards his people to the contrary , and for further assurance upon just proofe made against any man who hath committed any violence in words or actions ( without just provocation ) full reparation shall be given to the parties injured . as for the rest of this petition , his majesty saith that it is so confused that he doth not well know what positive answer to give it . and the rather because it is grounded upon misinformation , both of his majesties proceedings and intentions , as in particular , his majesty saith he never intended to have you to be judges betwixt him and his parliament . and for the other part of this petition hee referres to his messages , declarations , and answers , whereby it will clearely appeare that his desire and intention is onely the preserving of the true protestant profession , the lawes of the land , the libertie of his people , the peace of the kingdome : and the peace of this county in particular . the protestation of the freeholders . may ● . . vvhereas his majestie hath b●en pleased to give summons to the gentry of this county , to attend him at his court at yorke the the twelfth of may instant , to advise with him in some particulars , concerning the honour and safety of his majesties person , and the well-being and peace of this our county , and in the said summons was pleased to omit the free-holders of this county , out of a tender respect of putting them to any extraordinary charge , yet we , conscious of our sincere loyalty to his majesty our gratious soveraigne , and conceiving our selves according to the proportions of our estates , equally intrested in the common good of the the county , did take bouldnesse to come in person to york , and were ready to attend his majesties pleasure there . and whereas his majesty was pleased then to propound severall things to the purpose aforesaid , at the meeting of the country , to consider a fit answer to return to his majesty thereupon , the doors of the meeting house were shut against us , we utterly excluded , and in our absence a referree of knights and gentlemen chosen without our knowledge or consent to draw up the said answer , we the freeholders who petitioned his maiesty the day abovesaid , concerning our selves abundantly injured in the election ( not knowing any warrant by writ or otherwise for the same ) of the said referree , and that we ought not however to be concluded by any resolution of theirs without our assent in their election , do absolutely protest and declare against the said election ; & as far as concernes us , disavow whatsoever shal be the result of their consultation thereupon , and do desire a new and faire eleiction of a referree may be made , we admitted to our free votes in the same , and some one or more to bee nominated by us , allowed to deliver our sense for us , at another meeting : and that we shall not make good in the least respect any thing whatsoeuer which shall otherwise be concluded upon . die martis , . maii. . vvhereas the lords in parliament , have this day been informed , that the king is resolved to adjourn the next term from westminster to york ; vpon which , the lords sent a committee to the lord keeper of the great seal of england , to know of him , whether he had received any command touching the same , who acquainted the said committee , that he had received command from his majesty , to issue proclamations , and writs , to that purpose . whereupon , this house taking the said matter into consideration , hath voted , that the kings removall of the term to york , from westminster , sitting this parliament , is illegall . and hath further ordered , that the said lord keeper shall not issue out any writs , or seal any proclamation , for adjourning the said next term from westminster to york , as aforesaid . joh. brown , cleric . parl. finis . good nevves from the netherlands, or a congratulatory panegyrick, / composed by a true lover of his king, and country. w. l. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) good nevves from the netherlands, or a congratulatory panegyrick, / composed by a true lover of his king, and country. w. l. sheet ([ ] p.) s.n., [london : ] in verse. imprint from wing. annotation on thomason copy: "may ". reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- poetry -- early works to . england and wales. -- sovereign ( - : charles ii) -- poetry -- early works to . great britain -- history -- charles ii, - -- poetry -- early works to . a r (thomason .f. [ ]). civilwar no good nevves from the netherlands, or a congratulatory panegyrick, composed by a true lover of his king, and country. w. l a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion good newes from the netherlands , or a congratulatory panegyrick , composed by a true lover of his king , and country : rejoice , brave brittans now for charls our king is comming home , into his realms to bring peace , piety , and plenty , law and love , religion , justice , and what else may move your hearts to exultations ; trade , and arts shall flourish more then ever , in all parts of his dominions , and we shall be free as well in conscience , as propriety ; so that enjoying this sweet liberty vnder his blest reign , we shall happier be , after those tempests of intestine wars , than if we ne'r had felt , and worn their scars . no former age can boast , since britain stood , a prince more sweet , more great in heart , more good , more wise , more iust , more try'd in all events of various chance : forraign experience in state affairs , in wars , join'd to his own rich natural genius , and his theory known , make him a compleat monarch . oh! if i could tell you with what magnanimity he bare the rude assaults of adverse fate when lost in hope , and ruin'd in estate , yet triumph'd by heroick patience , and strong faith in the divine providence , how like a firm colossus , stil the same , he stood the winds which from the north-side came , you would conclude , that he who could command himself so well , can rightly rule the land , yea govern the whole world : prepare to sing poeans of joy then to our gracious king , compose rich panegyricks to his praise , and poets , crown your temples all with bays , cut down your woods and forrests to make fires may flame to heaven , let bels ring your desires , and all your canons loud proclaim the king , open your hands and hearts to bring him in : establish him in power , in dignity , and in his lawfull just authority : give him his due prerogative , let him be no king upon conditions , but free , not limited , not onely titular , but absolute , himself , and singular , for 't is a priviledge the law allows unto his birth , to which it humbly bows : rather adde to the flowers of his crown , then take from thence , and purchase a renown shall never die : this glorious work thus done , thus perfected , with a beam of the sun shall be subscrib'd , shall make you great in fame , and great in fortune , rich in a fair name of loyal subjects , which shall ever be entail'd on you , and your posterity : give now your votes to this , expresse your joy of heart , and cry with me , vive le roy . w. l. the loyall subjects lamentation for londons perversenesse, in the malignant choice of some rotten members, on tuesday the . of march . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the loyall subjects lamentation for londons perversenesse, in the malignant choice of some rotten members, on tuesday the . of march . rise, augustin, attributed name. sheet ([ ] p.) [s.n.], london : printed in the year, . anonymous. attributed to augustin rise. verse - "oh horrid monsters! what strange newes is here,". annotation on thomason copy: "march "; the second in the imprint date has been altered in ms to " ". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- humor -- early works to . london (england) -- politics and government -- th century -- humor -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the loyall subjects lamentation for londons perversenesse , in the malignant choice of some rotten members , on tuesday the . of march . oh horrid monsters ! what strange newes is here , when factious locusts thus in swarms appear . at guild-hall-gate , where they do freely vote for such vild scabs , who soon would cut the throat of justice , and would have all idle sport in churches us'd ; nay , they a tennis-court would make it , if they could ( by lot or fate ) obtain the pow'r to rule in church or state. the city vermine in guild-hall did cry ( both independent and presbytery . ) for love , whose zeal so hot was set on work , that he declar'd hee 'd rather see a turk then a sursingle , rub on , ther 's none can bowl better then this independent man. then anabaptists they aloud did cry with jack presbyter ' gainst episcopy . saying , fowk was a member fit they knew , who had the brains to cheat a subtle jew . so well his cash , with cursed self he loves , as did appear by those left-handed gloves . he sold the jew alone , but after they were gone , he made his chapman soundly pay for fellows to them , thus his pregnant wit makes him a man for parliament so fit . next eccho'd forth a dismal thundring voice , crying for thompson ; oh such hellish choice will us undo ; london , thy case all pitty , and pray these vermine may not spoil thy city . such shrubs and stumps will spoil a royal oak , who have their rise from stinking indian smoak . as this rare pedlar , whose ever smoaking brains doth smoak and smell as hot and strong as grains , the house wherein he sits , o england , pity , for why , his breath will poison a committee . the next was jones , another smoaker , chose , that all good subjects by the choice suppose they did appoint that day for to undo themselves , their king , i and their countrey too . but stay , methinks i hear blinde justice say the vote is carri'd a contrarie way ; for independent voices did appear : the anabaptist and the presbyter , many of whom we may malignants make because they never yielded yet to take the oath of true allegiance to their king ▪ which well their persons might in question bring with their estates ; how can the vote of such stand firme , who have no note of loyalty ; i do presume they are chose by malignants ; ergo , 't is not faire . thus have you four sad stewards chose , god send them ne're to sit , or soon to have an end . london , lament your case , you plainlie see your worthy burgesses , and what they be , base factious persons , of a rigid spirit , chose by sad persons without grace or merit . yet if they stand without a just return , god send the commons house may soon adjourne . and all that can displease so milde a king as charles the second , god in due time bring them to an end , and grant they may as well hoyle themselves as did achitophel . london , printed in the year , notes, typically marginal, from the original text notes for div a -e the only honest man amongst them if any . . october, . a declaration and ordinance of the lords and commons assembled in parliament for the sequestring the estates both real and personal of delinquents, to be imployed for and towards the raising and maintaining of a troop of horse, for the service of the parliament within the county of surrey. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) . october, . a declaration and ordinance of the lords and commons assembled in parliament for the sequestring the estates both real and personal of delinquents, to be imployed for and towards the raising and maintaining of a troop of horse, for the service of the parliament within the county of surrey. england and wales. parliament. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : . the estates of all persons in arms lately under the earl of holland and others in surrey and all who aided them, or the late rebellion in kent, essex, or sussex, are put in the hands of the committee for sequestration. sir will. brereton, bart., john lloyd, etc. are added to the committee of sequestrations. the committee have power to raise a foot company as well as the company of horse out of the sequestrations -- cf. steele. order to print signed: h: elsynge, cler. parl. d. com. annotation on thomason copy: " ber [i.e. october] ye th". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . attatchment and garnishment -- england -- early works to . great britain -- history -- civil war, - -- early works to . surrey (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no . october, . a declaration and ordinance of the lords and commons assembled in parliament, for the sequestring the estates both real a england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion . october , . a declaration and ordinance of the lords and commons assembled in parliament , for the sequestering the estates both real and personal of delinquents , to be imployed for and towards the raising and maintaining of a troop of horse , for the service of the parliament within the county of surrey . forasmuch as divers ill-affected persons have endeavored to raise a new war in this kingdom , tending to the ruine of this present parliament , and the destruction of all the wel-affected persons that have adhered thereunto , contrary to the laws of the kingdom , and to the declarations and orders of parliament made therein , whereby all such persons as have or shall raise force against the power and authority of parliament , and against the forces raised by authority of parliament , for the defence of parliament and kingdom , are and have been from time to time declared traytors : be it therefore ordained and declared by the said lords and commons , that the estates as well real as personal , of all such person or persons as have been in arms in the late rebellion raised by the earl of holland , and others in the county of surrey , or any other their adherents , and also all and every other person or persons that have sent in unto their aid and assistance , either money , men , horse , arms or ammunition , or have indeavored either by providing themselves , or perswading others to send in any aid or assistance to the said forces ; and by reason of the said earls departure out of the said county , came short of such their intended aid and assistance ; as also the estates of all such persons lying and being within the said county of surrey , as did aid and assist the like late rebellion in the county of kent , essex , or sussex , or that have taken any horse , or plundered any person of his goods , for or towards the maintenance of any forces against the parliament , and shall prove to be comprized within the terms and directions of such ordinances of parliament , as have been formerly made and published concerning sequestration of delinquents estates , shall be forthwith seized and sequestred into the hands of the sequestrators and committees of the said county formerly named for the sequestration of delinquents estates , who are to pursue all powers and directions in the execution thereof , as in and by the said former ordinances of sequestration is declared : and it is hereby ordained and declared , that all the profits arising out of all or any the said delinquents estates , lying and being in the said county , shal be imployed towards the raising and maintaining of a troop of horse for the service of the parliament within the said county , for the preservation of the peace and safety of the same ; and the said committee , or any seven of them , have hereby power and authority given them to set fines , and makes compositions with all and every the said delinquents , ( as were not at that time actually sequestred for former delinquencies ) according to the rules prescribed & set down for goldsmiths hall for such estates only as lye within the said county , certifying the committee sitting for compositions at goldsmiths-hall , the names of the persons , and the sums so set , and to imploy the moneys so raised for the uses aforesaid : and it is further ordered , that sir will . brereton bar. iohn lloyd esq charls lord car , iohn thyn , arthur squib , george duncomb of shalsord , william ellyot esq ; sir robert needham knight , thomas scot , richard salway , and william owfield esquires , be added unto the committee of sequestrations in the said county of surrey ; and the committee formerly made for the raising of moneys for the army under the command of the now lord eairfax , with the committee for sequestrations , or any three or more of them , have hereby authority to raise upon the county such further sum or sums of money by way of assessment , for and towards the raising and maintaining of the said troop of horse for the said county , so as the sum exceed not four hundred pounds per mensem , which said moneys are to belevied according to the rules and directions appointed by the ordinance , for the raising and levying the moneys for the army under the command of thomas lord fairfax , with the several and respective powers therein given and granted ; and that such moneys already laid towards the raising and paying of the said troop , are hereby allowed of and to be levied accordingly : provided , that hereafter neither the foresaid past nor future assessments are to be extended or continued further then the aforementioned provision by the profits of sequestrations and compositions , shall fall short of those ends for which they are given by this ordinance ; and if it shall be thought fit by the said committee to raise a foot company for the safety of the county , they are authorized hereby to pay the said company out of the sequestration and assessment aforesaid . ordered by the commons assembled in parliament , that this ordinance and declaration be forthwith printed and published . h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , . the declaration of the county of oxon to his excellency the lord general monck. we the gentlemen, ministers, free-holders, and others of the county of oxon, having a long time groaned under heavy burthens, do now hereby declare the resentments we have of our grievances, and our just desires as the most visible means of a happy peace and settlement of these nations. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the declaration of the county of oxon to his excellency the lord general monck. we the gentlemen, ministers, free-holders, and others of the county of oxon, having a long time groaned under heavy burthens, do now hereby declare the resentments we have of our grievances, and our just desires as the most visible means of a happy peace and settlement of these nations. albemarle, george monck, duke of, - . sheet ([ ] p.) printed for john starkey, at the miter, near the middle temple-gate in fleetstreet, london : . praying for a free parliament. annotation on thomason copy: "feb. . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . oxfordshire (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no the declaration of the county of oxon to his excellency the lord general monck. we the gentlemen, ministers, free-holders, and others of the albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of the county of oxon to his excellency the lord general monck . we the gentlemen , ministers , free-holders , and others of the county of oxon , having a long time groaned under heavy burthens , do now hereby declare the resentments we have of our grievances , and our just desires as the most visible means of a happy peace and settlement of these nations . whereas every free-born subject of england is supposed to be present in parliament , by the knights or burgesses of the place of his residence ; and thereby is presumed to consent to all things that passe in parliament ; it now so hapning , that many counties are wholly left out , either by death or seclusion . i. we therefore desire , that all places vacant by death , may be supplyed , and those that were secluded in , may be re-admitted , that thereby we may be taken into the share of government by our representatives , we having at this time but one of nine , and him a burgess , taken up with the publick concern of the chair , from minding our particular grievances . ii. that no unusual previous oath may be put upon any that is to sit in parliament . iii. that no tax may be put upon us without our free consent in parliament . iv. that the fundamental laws of the land , the priviledges of parliament , the liberty of the subject , the property of goods , may be asserted and defended , according to the first declaration of parliament when they undertook the war . v. that the true protestant religion may be professed and defended , a lawful succession of godly and able ministers continued and encouraged , and the two universities , and all colledges in or belonging to either of them , preserved and countenanced . these our just rights we lay claime to , as free-born english-men , and resolve to assert . this declaration was signed by above five thousand considerable inhabitants of the said county , and delivered to gen. monk , on munday febr. . at his quarters at the glass-house in broad-street london , by the lord falkland , sir anthony cope , mr. james fiennes , captain william cope , henry jones , edward hungerford esqrs. , and other persons of quality . london , printed for john starkey , at the miter , near the middle temple-gate in fleetstreet , . at the general quarter-sessions of the publick peace holden for the city of london by adjournament at justice-hall in the old baily london, on vvednesday the xij day of january in the year of our lord before john fowke maior of the city of london, thomas atkins, thomas andrewes, thomas foote, john kendricke, aldermen of the city of london, and william steel recorder of the same city, samuel avery, robert titchborne and john dethicke, aldermen of the said city, and other their fellowes justices assigned to keep the publick peace in the city of london, and also to hear and determine divers fellonies, trespasses and other misdemeanours within the same city committed. city of london (england). this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) at the general quarter-sessions of the publick peace holden for the city of london by adjournament at justice-hall in the old baily london, on vvednesday the xij day of january in the year of our lord before john fowke maior of the city of london, thomas atkins, thomas andrewes, thomas foote, john kendricke, aldermen of the city of london, and william steel recorder of the same city, samuel avery, robert titchborne and john dethicke, aldermen of the said city, and other their fellowes justices assigned to keep the publick peace in the city of london, and also to hear and determine divers fellonies, trespasses and other misdemeanours within the same city committed. city of london (england). sheet ([ ] p.) printed by james flesher, printer to the honourable city of london, [london] : [ ] imprint place and publication date from wing. the response of the corporation of london to the december order of parliament that the lord mayor and aldermen were to inquire into and take remedy for the extraordinary price of coal in which they fix the price "of seacoals untill further or other order shall be duely given in this behalfe". signed: sadler. annotation on thomason copy: "january th". reproduction of the original in the british library. eng england and wales. -- parliament. -- early works to . coal trade -- england -- london -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- economic conditions -- early works to . a r (thomason .f. [ ]). civilwar no london ss. at the general quarter-sessions of the publick peace holden for the city of london by adjournament at justice-hall in the old bai city of london c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms blazon or coat of arms at the general quarter-sessions of the publick peace holden for the city of london by adjournament at justice-hall in the old baily london , on wednesday the xij day of january in the year of our lord before john fowke maior of the city of london , thomas atkins , thomas andrewes , thomas foote , john kendricke , aldermen of the city of london , and william steel recorder of the same city , samuel avery , robert titchborne and john dethicke , aldermen of the said city , and other their fellowes justices assigned to keep the publick peace in the city of london , and also to hear and determine divers fellonies , trespasses and other misdemeanours within the same city committed . whereas by order of parliament of the xi of january instant , it was referred to the lord maior and the several courts of sessions of the peace for london and middlesex , at their then next sitting being at this present time , and they were impowred to give in charge to the grand iury to inquire what is a fit and indifferent price for seacoals and upon their presentment to set such rate and price as they shall think fit both within the cities of london and westminster , and liberties thereof , the borough of southwark and county of middlesex , and that all wood-mongers cole-merchants and others that sell either in grosse or by retail within the said cities and liberties thereof , the borough of southwark and county aforesaid , be enjoyned to sell the coals in their possessions not exceeding the rate and price which shall be so set accordingly , and that the lord maior and iustices of the peace within the said cities and liberties thereof , and borough and county aforesaid , respectively doe take care that this order be duely observed and put in execution with all possible speed for the advantage and relief of the poor : and whereas this court in pursuance of the said order and by virtue thereof have given in charge to the grand iury for the city of london to enquire and make presentment according to the said order : and accordingly the said grand iury have made and delivered in their presentment to that court in this behalfe : and now upon serious consideration thereof had in the presence of and with the advice of the lord chief iustice rolle , the lord chief baron wyld , m. iustice jermin , and iustice aske , and divers other iustices here present : this court doth think fit and hereby order that no cole-merchant , wood-monger , chandler , or other person or persons whatsoever that sel sea-coals either in grosse or by retail within the city of london and the liberties thereof , and the borough of southwark shall from henceforth sell or utter any seacoales either in grosse or by retail above the rate and price of twelve pence the bushell , nor above the rate and price in proportion for any greater or lesser measure or quantity of seacoals untill further or other order shall be duely given in this behalfe , and that for the better observation hereof this order be openly published . january 〈…〉 sadler . printed by james flesher , printer to the honourable city of london . notes, typically marginal, from the original text notes for div a e- ●ondon ss. a short answer to a paper, intituled, reasons humbly offered to the honourable the commons assembled in parliament, against a bill brought in by sir robert killigrew and others, undertakers and participants for the pretended dreining of lindsey-level in lincolnshire killigrew, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing k estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a short answer to a paper, intituled, reasons humbly offered to the honourable the commons assembled in parliament, against a bill brought in by sir robert killigrew and others, undertakers and participants for the pretended dreining of lindsey-level in lincolnshire killigrew, william, sir, - . p. s.n., [london : ] caption title. written by sir william killigrew. cf. wing. page signed: william killigrew, sole executor of sir william killigrew, deceased. imprint from wing. reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng killigrew, robert, -- sir, - . england and wales. -- parliament. reasons humbly offered to the honourable the commons assembled in parliament against a bill brought in by sir robert killigrew and others. drainage -- england -- lincolnshire -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion a short answer to a paper , intituled , reasons humbly offered to the honourable the commons assembled in parliament , against a bill brought in by sir robert killigrew , and others , undertakers and participants for the pretended dreining of lindsey-level , in lincolnshire . i should need only to say , that the iournals of both houses of parliament , and the papers now in the custody of the clerk of the house of commons , will prove the notorious false allegations alledged in the said papers . secondly , that by such allegations , our adversaries only endeavour to hinder the case to be fairly tried at the bar of this honourable house , the concurrence of which we have always had , when heard , and never had a repulse , but by tricks and delays of a few self-interested men , who call themselves the country . thirdly , i do affirm the veracity of the following case ; and on a fair and timely hearing , our adversaries will have just cause to blush at their false allegations , and illegal robbing us of our lawful estates ; which , if tolerated , will make a large gap in the liberty and property of this nation . fourthly , i have so great a veneration for my country , and their representatives , that i rely entirely on their iustice ; and that we , the dremers and participants of lindsey-level , shall not be condemned on such false allegations , but be fairly heard . fifthly , if this honourable house do think the time short , through the multiplicity of business , and that our adversaries have not time to summon the pretended country ; we will , with all humility and respect , agree with our opposers , to begin a-new with our pretensions , the next meeting of parliament ; so that they may not pretend any surprize , but be ready to prove what they so unjustly pretend . this , with submission , by william killigrew . the late earl of lindsey's title , by which himself and his participants do claim four and twenty thousand acres of land , in the fenns in lincolnshire ; and concerning which , a bill is now with this honourable house , to impower sir robert killigrew , henry heron , thomas wyndham , wiliam killigrew , and edward heron , to settle and repair their destroyed works : and they do declare , all in this following paper is true. first , we claim by the law , and authority of several decrees of sewers . secondly , we claim the same equity that former parliaments have afforded to such undertakings , we having in this expended near l. to the very great benefit of this kingdom . that commissioners of sewers were anciently part of the commission of oyer and terminer . that they were issuable at the king's pleasure , and that the king ( as he who had the supreme care of things of publick concernment ) was bound to grant such commissions upon al emergencies . that this was the constant opinion , we find in our ancientest book of common-law . that it was a common practice , we find many such commissions issued , two especially , long before any statutes now known in england were made ; they were both sent into lincolnshire , and the first into the very parts where the earl made his works , and it that time to have done this very work that the earl hath now done . but because those commissions were temporary , to persons somtimes strangers in the place , and ordinarily in redress of mischiefs already happened by some former inundation , some statutes have from time to time enlarged the power of commissions , to act as well in prevention as redress ; and appointed those commissions to gentlemen , living on or near the place , who by their timely notice might prevent , and their authorities were made constant for certain number of years . the first statute to this purpose we find in henry the third 's tim , which is as ancient as any statute now known in england ; very many subsequent statutes have enlarged their powes in such particulars , as in experience they found necessary , viz. to enable them to tax all lands which might receve benefit , or avoid loss ; to make new dreins , if they , upon their view and observation , found the ancient ones were not sufficient ; to distrain and sell , for not payment of those taxes ; or in their discretion , to discharge such land perpetually , or to sell them for years , or lives in tail , or in fee. and because the commissioners were gentlemen of the country , not ever so intelligent in every scruple of law , it is by later statutes provided , that their decrees shall not be eaminable but in parliament , as divers heretofore have been : but those parliaments never avoided them , if they found the course taken by their commissioners might probably do the work , though it was not yet really done . but on the contrary , rather than lose the benefit that might thereby accrue to the state ( although those commissioners might in some thing have erred in judgment ) they did confirm their decrees , and sometimes better the contract in behalf of the undertakers , as they did tindal's law , lovell's law , &c. that those lands undertaken by the earl of lindsey , were hu●●ully surrounded in henry the fifth's time , appears by presentments at a session of sewers at that time . that the earl hath pursued the most effectual course in doing the work , appears by acts of sewers , at a session at donington , before charles brandon , duke of suffolk , and many most eminent men in h. . who decreed the making of new dreins in the very same place , and the same out-falls to the sea , that the earl hath done ; only the earl hath made the same , and some more , and much more capacious ; and that the commissioners then laid the tax generally , as the commissioners now laid this last , before their contract with the earl. that upon great complaint of the inhabitants , at a session of sewers at sempringham , eliz. before the earl of lincoln , lord high admiral of england , and many more , a general tax was laid for the repairing and enlarging dreins to carry away waters that in those fenns then annoyed hem . at another session , eliz. at sminstead , upon the complain of the country , that they were then more drowned than formerly ; the commissioners then decreed the making sucd dreins as the duke of suffolk and others had 〈◊〉 in henry the eighth's time , and such as the earl himself hath since made ; and they then laid a tax upon the same lands , but it was not paid ; and so nothing was done . 〈…〉 , in iac. the commissioners , upon their view of the great inundations that time , laid a general 〈…〉 some works in the said fenns . but about the car. primi , sir anthony irbi , sergeant callis , and other commissioners of sewers , and of the peace , then finding all former attempts fruitless , by reason the inhabitants would never pay the taxes , nor the lands , by reason of the surrounder , had no cattel upon them to render distress , and well understanding that the king was bound , as is express'd in the preamble of all statutes of sewers , to give direction to works of this nature and necessity : those commissioners , we say , upon those considerations , did , by their letters , remonstrate to the then king , the necessities and profits of dreining this land , and beseech'd his majesty to recommend some person of honour to contract with them as undertaker ; the king was pleased to recommend the earl of lindsey ; however , before they made any contract with the earl , they yet laid another tax of s. d. per acre , at a session at sleeford of commissioners , many of them lords and owners , and prime gentlemen of the country ; and after three years expectancy of that , and little or none paid , then , car. primi , lest their endeavours should have been as fruitless as formerly , at a publick session of sewers , and in a general assembly of lords , owners and commoners , where were commissioners ; many lords and owners of the said fenns , after many proposals and refusals , it was fully agreed , and a perfect contract made with the said earl , that the said earl should have as a reward for dreining all between bourne and lincoln , acres ; and as soon as he should have finish'd that part between bourne and kime , &c. he should have acres , as a proportionable part for so much to be put into his possession , when by the commissioners it should be adjudged dreined , and this contract and decree was confirmed by the royal assent , and enrolled in chancery . the earl applied himself to the work , and 〈◊〉 . primi , at a session at boston , the commissioners being , apportioned his part out of each particular fenn . at a session at bourne , car. primi , commissioners ascertain'd the place where his proportion in every fenn should lie . this law was after confirmed , car. primi , at sleeford , by commissioners , with the royal assent inrolled in chancery . after , in the same year , by commissioners it vas viewed entirely upon the place , after at a session at sleeford , the said commissioners did decree the possession to the earl ; to which decree also was the royal assent inrolled in chancery . after which , the earl did enclose it , build and inhabit it , plant , plow , sow , and reap near three years , till about the beginning of the late troubles , riotous people violently entred and destroyed his plantations and corn then growing , pulled down his houses , destroyed the dreins , and hath ever since held the possession . . by the records above mentioned , it is evident , that these fenns in question , have been for years hurtfully surrounded , and the constant endeavours of that country to have dreined them , but could not effect it , until the earl of lindsey did the work . . by the countries letter to the king , it is clear , they called for an undertaker ; and by the earl's reception , treaty , and contract , in three years time , ( none dissenting ) 't is clear , he was not imposed on them , but kindly received and invited by the country with a genera consent . . by the country not paying their tax of a mrk an acre in three years time given , though from six months to six months , during that three years treaty , they had still new days appointed for the said payment ; by which 't is evident , that they did not value those fenny lands so much worth in those days : only the earl of lincoln did pay in his tax , as the commissioners appointed , and he had his acres , for a mark an acre , when the work was done . . it is also evident , that if the countrey would have undertook the dreining , by levying their taxes , this undertaking by the earl had not been : and that no contract was made , till after three years not payment of the taxes . note also , that the commission of sewers then in force had commissioners , the prime men of the country , many of them lords and owners ; and commissioners of the same country did act in our decrees , to view , to tax , to contract , to adjudge the work done , and to give possession of acres unto the dreiners , as the decrees shew . . when the contract was made , before the work begun , the earl declared publickly , that if any of the lords ▪ owners , and commoners , would join with him to adventure in the works , they should be admitted for forty shillings the acre . but only three would adventure , who were sir iohn brook lord cobham , sir edward heron , and mr. william langton , who at forty shillings the acre became adventurers for their own fenns only ; by which 't is clear , that if the lords and owners had desire to be undertakers , they were not excluded , ( as is now pretended , and 't is as clear , that they did not value those fens so much worth before the undertaking , as they now pretend , or thought the work too hazardous to venture on ; ut now men do clamour for what their ancestors did reject , wh● might have been either undertakers by paying the taxes , or adventurers by joyning with the earl. . by all the records and decrees 't is evidet , that all the commissioners , who were . were with the whole country constantly publickly summoned to apear at every grand session , from six months to six months ; ar● 't is as evident , that at every session a much greater number of commissioners than need , did constantly appear and 〈◊〉 in this business ; though any six commissioners according to the law of sewers , ( three being of the quorum ) are im powered to act , and there being . of the said conty , many of them lords and owners of the said fenns , whic did act in these decrees , as the records do shew and at every session for the whole three years treaty , many thousands of the commoners were continually present ; and in all these three years time while the contract 〈◊〉 treating , nor at the contract making , did any one brd , owner , or commoner either desire to be dreiner , or to oppose the dreining , or the undertakers ; but many thousands , at the making of the contract at sleeford , did 〈◊〉 great joy and loud cries , attend the earl to his lodings ; no one man dissenting of the . commissioners then present , as in the decree of sewers is expressed . this 〈◊〉 conceive does clearly prove , that the earl had the unanimo consent of the whole country , whatsoever now is aledged to the contrary ; the countries kind compliance 〈◊〉 joyful invitations did encourage the dreiners to advnture on the work. . we humbly conceive , that the earl of lindsey the earl of lincoln , the lord cobham , sir edward heron , and mr. langton , to be persons of as great quality , and estates , and as great lords of fenns there , and so may as wel● be called the countrey , as those who now pretend to be dreiners on that account . but they say , these were partie● and judges , and so would make it a crime for any ●at had estates in that country , to be dreiners in those days ; bu● would now themselves do what they condemn in othrs ; and themselves hope by the merit of abetting those rioters , who destroyed those publick works , now to be preferred to the undertaking , and enjoy the dreiners lands , which we have and shall pay fifty years purchase for , when our works are repaired . . 't is also evident by the decrees , and by the deiners great houses built , and their . acres being divided , planted , plowed , sowed , and reaped , for near thre years together , that the dreiners were in possession , and their undertaking fully performed , according to their contract . it also is as evident by the dreiners houses being pulled down , with their plantations , corn , and publick vorks destroyed , that the dreiners were thrown out by a riot which rioters and their abettors , have now held the dreiners lands for many years . . since his majesty's restauration , the dreiner bill hath twice passed the lords house , and been sent down this honourable house , and there twice commited , and the business been fully heard ; and at another session of the parliament , after a full hearing at a committee , it was reported back to the house by sir thomas meers ( chair-man , ) where the business was again ( at sir charles hussey's desire ) debated at the bar , and after counsel fully heard on both sides , it was resolved by the house , to proceed upon the dreiners bill , and did proceed on some of the amendments , but for want of time , the parliament prorogued before it could be finished . . sir charles hussey ( who hath not proved himself more than a commoner , and we believe could not ) put in a bill in the name of the lords and owners , whose consents he had not . . the dreiners do not claim by court or prerogative power , to have got an interest in the fenns in question , ( as was scandalously alledged ) but do claim their title by the known laws of sewers , according to the ancient and daily practice of years , as their records and decrees do shew , with the royal assent enrolled in chancery ; and do justifie , that all their proceedings were from first to last , according to the best works of this nation , which have so much enriched the kingdom . . by the dates of the deeds of those three above-named commissioners , it is clear they became adventurers some years after the contract , and so not subject to the scandal of being parties and judges , but were as free to adventure in that work , as for any member of this honourable house to purchase land after an act is passed for the sale thereof . . but if the experience of our days , do now think to amend the commission of sewers : let it be amended . or if not clearly understood : let it be better explained . or if it be found of no use for the good of the nation : let it be repealed . but while it is in force and in practice , let not the dreiners be destroyed , for observing and following the direction thereof as it is in daily practice throughout england , and so great improvements made thereby : for by a moderate computation , the fenns of england are near as much ground , as holland , zealand and half freezland , and as rich a soil ; by which it may be judged whether the dreining ought to be encouraged , and the commission approved . . our adversaries cry out , that their propriety is invaded by these dreinings , and at the same time they did put in a bill to do the same thing , and are now doing it by a commission of sewers fraudulently assembled , witness a letter to my lord of lindsey , by the same way : the country ( as they have said ) needed no dreining , though years records declare the contrary , and yet themselves would be the dreiners . they forget that the riot , which destroyed above a hundred thousand pounds worth of houses , goods , and corn , and ruined works , which does destroy all propriety , and root up the foundation of all laws and government . they make a publick contract in the face of the country , after three years publick treaty , with the unanimous consent of thirty two commissioners , as is in that decree expressed , most of them the most eminent lords and owners , and in presence of seven or eight thousand commoners , with all their joyful consents ; and after eighty thousand pounds expended by the dreiners , their justice allows them to ravish from us these lands , and to keep them so many years . it seems very strange , that poor men are daily hanged for trifling robberies , to save their families from starving , and so great a robbery as our riot , to pass for a vertue , to be justified , endeavour to be rewarded instead of punished : and all the argument for this is , that ( they say ) it is their own land : and their houses builded with the ruines of ours , is their own too , because they say so ; by which example , any man may pull down any man's house , and call it his own . 't is humbly desired that the consequence of this may be fully considered , and then judge who be the destroyers of all mens propriety ; when the will and pleasure of a multitude may overthrow the decrees of the most ancient court of records in england : for such is the commission of sewers , and as beneficial to the nation as any . if that riot had been duly punished , this contest had ended many years since ; but by that omission , men are encouraged to design any thing that has no rellish of justice ; else no man could hope to be dreiners of our lands which we have paid so dear for , and so well deserved of the nation ; that we most humbly desire such reparation as this house in their wisdoms shall think fit , the better to enable us to repair our ruined works . . the dreiners do humbly desire that their merit may be duly considered , and the rioters have their reward , lest by their example no man may be assured of any propriety , when multitudes shall be justified for such an eminent riot , committed while the business were in hearing before a committee of the house of commons , and when two justices of peace were present , who read the orders of both houses , and commanded that rout to disperse , but could not prevail , but before their faces saw a house of l. price pulled down . this well considered , is a high concern to the honour of parliaments , and to the publick peace of the nation , as well to every man's interest in england , besides the dreiners , who are much impoverished by this riot , their estates for many years detained , their works so ruined , as will cost twenty five thousand pounds to repair ; and thus all men discouraged from such publick works , which deserve a better approbation than to be neglected now , or formerly destroyed by the rioters . . 't is said by some , that we had not the countries consent . the commission of sewers does not direct , that every individual man should consent under their hands , neither is any consent requisite , nor directed by the commission , for that were an impossible work ; for if any two or three froward men by their refusal may hinder the enriching of the nation , it would make fruitless the whole intention of the commission , which is not like the common law in other cases ; but common sense and constant practice shews that a tacite compliance in them absent , without any dissenting , does declare a general consenting with those many thousands , who for three years treating were constantly present , and with joyful acclamations consented to the contract made at sleeford . . such a consent as our adversaries talk of , is as impossible as their discourse of dreining , without making new works ; as if our ancestors were so silly , by so many acts of parliaments to impower the commissioners to drein , and to forbid the only way of dreining . but this is like their beating us out of the country , destroying our works , and now complaining to the parliament , that we did not perform our contract , by not finishing our works in the second level , when their riot drove us away ; and all they say to amuse men , is like these when we answer them as those who now sign papers against the dreiners , are the same men , or their heirs , who pulled down our houses , and destroyed our works , and such as now hold our estates by vertue of that riot ; 't is to be supposed such men will sign any thing . they talk of leaving this case to be tried in westminster-hall , because they know by the d . of henry the th . no court can alter a decree of sewers , having the royal assent thereto and enrolled in chancery , but a parliament . the dreiners do declare , that the proposals and resolves of the committee the fourth of april , . shall be by them inviolably performed , according to their consents and compliance therein ; as to remit the dreining of the second or upper level , from kime ea to lincoln , unto the lords and owners as they desired , and we did agree unto , ( our . acres being first setled to us ) and they paying us for such works of ours as they make use of . and also the dreiners will perform that agreement with mr. dymock , as it is setled . may . . william killigrew , sole executor of sir william killigrew , deceased . notes, typically marginal, from the original text notes for div a -e 〈…〉 〈…〉 〈…〉 〈…〉 . 〈…〉 . 〈…〉 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 〈…〉 〈…〉 〈…〉 ☞ 〈…〉 〈…〉 ☜ no parties and iudges . 〈…〉 . 〈…〉 〈…〉 the 〈…〉 . the 〈…〉 . ☜ 〈…〉 die lunæ, junii, . resolved, &c. that it be referred to the commissioners with the army to be very earnest with the general, that effectuall course may be taken, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ, junii, . resolved, &c. that it be referred to the commissioners with the army to be very earnest with the general, that effectuall course may be taken, ... england and wales. parliament. house of commons. fairfax, thomas fairfax, baron, - . sheet ([ ] p.) printed by richard cotes and ruth raworth, london : . no discouragement or obstruction is to be offered to the collection of payments for parliament. -- cf. steele. includes: an order of his excellencie sir tho. fairfax, general of the forces raised by the parliament, in pursuance of the order aforesaid. dated: wickham, the first day of july, . signed: hen. elsynge cler. parl. dom. com. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- militia -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ, junii, . resolved, &c. that it be referred to the commissioners with the army to be very earnest with the general, that eff england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae , junii , . resolved , &c. that it be referred to the commissioners with the army to be very earnest with the general , that effectuall course may be taken , that no discouragement or obstruction may be given by the souldiery to the due levying and bringing in the excise and other assessements and payments to the parliament . hen. elsynge cler. parl. dom. com. an order of his excellencie sir tho. fairfax , general of the forces raised by the parliament , in pursuance of the order aforesaid . whereas it hath pleased the honourable house of commons , by their order of the twenty eighth of june last past , to recommend unto me , that an effectual course may be taken that no discouragement or obstruction may be given by the souldiers to the due levying and bringing in the excise and other assessements and payments to the parliament : and to the end that such obstructions may be prevented , i do hereby require all officers and souldiers of the amy under my command , that they do not in any kinde discourage or obstruct the due levying and bringing in of the excise and other assessements and payments to the parliament . and if any officers or souldiers shall notwithstanding go about to hinder or obstruct the same , i do hereby require the officer commanding in chief at present , the troop , company or regiment , in those parts where such obstruction shall be given , to send the officers or souldiers so offending in custodie to the head-quarter , that they may be proceeded against for their contempt of this order . and in case of any tumultuous carriage by any persons , tending to the obstructing the due levying of excise and payments , as aforesaid ; the said officers and souldiers are to be aiding and assisting for the suppressing of the same . given under my hand and seal at wickham , the first day of july , . t. fairfax . london , printed by richard cotes and ruth raworth . . at the court at whitehall the . of june, . present the kings most excellent majesty, ... whereas it is generally reported, that many seamen and soldiers who have served his majesty at sea, are frequently constrained to give money, or lose some part of their wages to recover the rest: ... proclamations. - - . england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) at the court at whitehall the . of june, . present the kings most excellent majesty, ... whereas it is generally reported, that many seamen and soldiers who have served his majesty at sea, are frequently constrained to give money, or lose some part of their wages to recover the rest: ... proclamations. - - . england and wales. sovereign ( - : charles ii) charles ii, king of england, - . browne, richard, sir, - . england and wales, privy council. sheet, [ ] p. in the savoy, printed by the assigns of john bill and christopher barker, printers to the kings most excellent majesty, [london] : . a proclamation creating a commission to investigate reports of sailor's salaries being skimmed. title from caption title and opening words of text. signed at end by the clerk of the privy council: richard browne. identified as wing c on umi microfilm "early english books, - " reel . winw number cancelled in wing (cd-rom). arms ; steele notation: served vertisements and. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- pay, allowances, etc. -- early works to . corruption -- england -- early works to . great britain -- history -- charles ii, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion at the court at whitehall the . of june , . present the kings most excellent majesty , his royal highness the duke of york his highness prince rupert lord archbishop of canterbury lord chancellor duke of albemarle lord chamberlain earl of bridgewater earl of berkshire earl of anglesey earl of craven earl of lauderdaill lord viscount fitzharding lord arlington lord berkeley lord ashley mr. comptroller mr. vice-chamberlain mr. secretary morice mr. chancellor of the dutchy sir william coventry sir john duncombe . whereas it is generally reported , that many seamen and soldiers who have served his majesty at sea , are frequently constrained to give money , or lose some part of their wages to recover the rest : which reports being of great prejudice to his majesties service ; and the treasurer of his majesties navy having used all possible means to discover and prevent all such abuses , as appeareth by several publique advertisements by him affixed at westminster-hall gate , and other publique places ; his majesty thereupon out of his tender care of those his subjects who have so faithfully served him , and for the more effectual redress of any abuses which are , or have been committed in exacting upon the said seamen and soldiers , hath appointed his royal highness the duke of york his highness prince rupert duke of albemarle earl of anglesey earl of lauderdaill lord arlington lord berkley lord ashley mr. comptroller mr. vice-chamberlain mr. secretary morice sir william coventry sir john duncombe to sit in the council-chamber as a committeé , to receive and hear all such complaints as any seaman , or soldier imployed at sea , can make of any exaction practised upon them by any the officers , sub-officers , or clerks in the office of the principal officers of his majesties navy , or of the treasury of the navy . whereof all persons concerned are to take notice , and they that have just reason to complain of any such ill usage , may from time to time repair to the council-chamber at whitehall , and there put into the hands of the clerk of the council attending , their complaint in writing , with a note upon the same , where the party complaining inhabits , or may he found ; to the end that if the same do appear to be true , due satisfaction may be given them , and iustice done upon those who have injured them . richard browne . in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . a letter directed to master bridgeman, the fourth of ianuary, and a letter inclosed in it, to one master anderton, were this day read and ordered to be entred to the worshipfull, and my much honoured friend orlando bridgeman esquier, and a burgesse of the parl. at his chamber at the inner temple, these present. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) a letter directed to master bridgeman, the fourth of ianuary, and a letter inclosed in it, to one master anderton, were this day read and ordered to be entred to the worshipfull, and my much honoured friend orlando bridgeman esquier, and a burgesse of the parl. at his chamber at the inner temple, these present. r. e. aut sheet ([ ] p.) [s.n.], london : printed . advising bridgeman to absent himself from parliament, and to convey a letter to mr. anderton from r. e. speaks of the impeachment of the five members and threatens the solicitor, fynes, and earl of essex, warwick, say, brook, and paget in the lords, and is written as from a roman catholic. item at : identified on film as wing e (number cancelled in wing nd ed.). reproduction of the original in: cambridge university library, trinity college library. eng england and wales. -- parliament -- history -- early works to . catholics -- england -- early works to . great britain -- history -- charles i, - -- early works to . a r (wing e b). civilwar no a letter directed to master bridgeman, the fourth of january, and a letter inclosed in it, to one master anderton, were this day read, and o [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter directed to m. bridgeman , the fourth of ianuary , and a letter inclosed in it to one m. anderton , were this day read and ordered to be entred . to the worshipfull and my much honoured friend , orlando bridgeman esquier , and a burgesse of the parl. at his chamber at the inner temple , these present . sir , we are your friends : these are to advise you to look to your self , and to advise others of my lord of straffords friends to take heed , lest they be involved in the common calamitie : our advise is , to be gone , to pretend busines , till the great hubub be passed : withdraw , least you suffer among the puritans . we entreat you to send away this inclosed letter to m. anderton , inclosed to some trusty friend , that it may be carried safely without suspition , for it concernes the common safety ; so desire your friends in coven-garden . jan. . to the worshipfull and my much honoured friend , master anderton , these present . sir , although many designes have been defeated , yet that of ireland holds well . and now our last plot workes as hopefully as that of ireland , we must beare with something in the man , his wil is strong enough , as long as he is fed with hopes , the woman is true to us , and real , her councel about her is very good : i doubt not but to send you by the next very joyful newes , for the present , our rich enemies , pym , hampden , stroud , hollis , and haslerig , are blemisht , challenged for no lesse then treason : before i writ next we doubt not but to have them in the tower , or their heads from their shoulders . the solicitor , and fynes , and earle we must serve with the same sauce : and in the house of the lords , mandevil is touched , but essex , warwick , say , brook , and paget must follow , or else we shal not be quiet . faulkland , and culpepper , are friends to our side , at leastwise they wil doe us no hurt . the protestants and puritants are so divided , that we need not fear them , the protestants in a greater part wil joyne with us , or stand neuters , while the puritan is suppressed . if we can bring them under ; the protestant wil either fall in with us generally , or else , if they doe not , they are so indifferent , that either by fair , or foule meanes , we shal be able to command them . the mischievous londoners , and apprentices , may doe us some hurt for present ; but we need not much feare them ; they doe nothing orderly , but tumultuously : therefore we doubt not but to have them under command after one brunt , for our party is strong in the city , especially holborne , the new buildings , and westminster : we are afraid of nothing , but the scots appearing againe : but we have made a party there , at the kings last being there , which wil hold their hands behinde them , while we act our parts at home ; let us acquite our selves like men , for our religion and countrey , now or never . the kings heart is protestant , but our friends can perswade him , and make him beleeve any thing . he hates the puritane party , and is made irreconcileable to that side ; so that the sunne , the moone , and starres , are for us . there are no lesse then twenty thousand ministers in england , the greater halfe wil in their places , be our friends , to avenge the bishops dishonour . let our friends be incouraged , the worke is more then halfe done . your servant . r. e. london , printed . a letter from a gentleman at london to his friend at edinburgh gentleman at london. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l aa estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from a gentleman at london to his friend at edinburgh gentleman at london. sheet ([ ] p.) s.n., [london? : ] arguing against the retaining of a standing army in response to the destruction of the darien scots' colony. place of publication conjectured by wing; dated at end: october . . text begins: sir, i am inform'd that those, who in the last meeting of our parliament appear'd for the interest of the country, have taken a resolution to begin the ensuing session with an act declaring the nations right to caledonia; .. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- early works to . darien scots' colony, - -- early works to . standing army -- controversial literature -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a gentleman at london to his friend at edinburgh . sir , i am inform'd that those , who in the last meeting of our parliament appear'd for the interest of the country , have taken a resolution to begin the ensuing session with an act declaring the nations right to caledonia ; which i presume to be a very wrong step , and such as will prove of very bad consequence . i suppose , the great argument that has been offer'd for this method , is , that nothing will more unite the members of parliament , than the sensible injury done to the nation by the destruction of that colony . but , i hope , that upon better consideration men of honesty and good intentions will not suffer themselves to be led into such a mistake . for a declaration of our right to caledonia can do no real good to the nation at this time : but the disbanding of the army will. if they would be even with those who have ruin'd our colony , they can never do it any way effectually , but by breaking the army . they are now to chuse upon which of these two heads they will again break with the court ; for in my opinion neither of them will be granted . but if it should be thought convenient to yield to either of these propositions , 't will certainly be to that of disbanding the army , on account of the interest the parliament of england might take in it , and perhaps second it for their own security . whereas the declaring our right to caledonia will ( how unjustly soever ) be attributed to meer pique and humour , because of no present advantage to the nation ; and will sound ridiculously among our neighbors , where our weakness , and ill conduct in that affair has but too much expos'd us . so that the court can never desire a fairer pretence to vindicate themselves both to the english and dutch , then to break up our parliament upon such an account . and we who are crush'd by a power which we are no way able to resist , ought to have great regard to such things as may engage all men of good intentions in those countries to be our friends ; and not continue to mistake what is done in both by the court party , as proceeding from the nations themselves . besides , till the army be disbanded , there is not the least probability of obtaining money from the publick , for carrying on the trade of the company . we must have lost our senses , if we do not see that a quarrel with us is industriously sought , that a pretence may be found to keep up an army . and if the court party should prevail in the parliament of england , who knows , how far our insisting upon the business of caledonia , without any prospect of present good to the nation , might be made a handle to excite that nation against us ? i cannot but think there 's just-ground to suspect the conduct of those who by all means would push the affair of the colony at so unseasonable a time . we don't abandon our rights and privileges in this point , because we think fit in the first place to enter upon another affair , which threatens us with the utmost danger . as long as we have a standing army , we can have neither trade nor liberty . we expell'd king james because he would keep up an army in time of peace . we are now strugling with this government about the same thing . and a certain person , tho' he stand looking on a crown at such a distance , as amounts to a vision , is yet so dazled with its brightness , as to make it his business to imploy the present spirit and vigor of the nation in any thing rather than in breaking the army . i value not protestations ; they are nauseous things ; i look only upon what men do , and cannot forbear to think , that those , who after due consideration of our present circumstances , shall in the ensuing session of parliament , prefer any other business to that of disbanding the army , are men seeking their own interest , and not the good of their country . i am sir your , &c. october . . an essay concerning parliaments at a certainty, or, the kalends of may by samvel johnson. johnson, samuel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an essay concerning parliaments at a certainty, or, the kalends of may by samvel johnson. johnson, samuel, - . [ ], ii, p. printed for the author, london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an essay concerning parliaments at a certainty ; or , the kalends of may. by samuel johnson . vice cotis fungar . horace . london ; printed for the author . mdcxciii . to the barons and commons of england in parliament assembled . may it please your honours . you either knew more of the matter contained in these papers , or less , or the same . if you knew more , i should be glad to see it in your laws which you mean to establish : or which is better , in your declaration of the constitution . if not ; no body can find fault with my poor office of bearing a light , but they that have very ill eyes . i am the known servant of you , and of my whole country , samuel johnson . an essay concerning parliaments at a certainty . chap. i. shewing that the frequent meeting of parliaments is the basis of our constitution , and the true of the government ; and that the intermission of them is inconsistent with the body of the english law. if a man would have an entire view of the english constitution , he must have recourse to those able and approved authors who have written purposely on that subject . for it is a rule , parva est authoritas aliud agentis ; and what is said by the by , is of less weight , than what is professedly handled ; provided it have been maturely considered , by a competent judge of that matter of which he treats . and in this kind we do not find a man better qualified than the learned lord chancellor fortescue , who was an aged lawyer , and had been lord chief justice of england when he wrote his book de laudibus legum angliae , which was on purpose in a dialogue with the prince of wales , to inform him of the nature of the english constitution , and to let him know by what sort of laws the realm , in which he was to succeed his father , was to be governed . and therefore he adjures him over and over again to addict himself to the understanding of the laws of his father's realm , wherein he was to succeed , fol. . a. and having shewed the prince the different nature of reahns , where a king could tyrannize , and where he could not , being restrained by politick laws , fol. . b. rejoyce therefore ( says he ) most excellent prince and be glad , that the law of the realm in which you are to succeed is such , for it shall exhibit and minister to you and your people no small security and comfort . but out of that excellent book which i believe no way warped , ( for then it must lean towards the court , partly because of the flattery and officiousness which is too often found in dialogues with princes , and partly because the author was retained on the crown side by the greatest office in england ; ) i will confine my self to those passages only which relate to the frequency of parliaments . and the first i meet with is in his th chap. concerning the statutes of england in these words . et si statuta haec , tantâ solemnitate & prudentiâ edita , efficaciae tantae , quantae conditorum cupiebat intentio , non esse contingant : concitò reformari ipsa possunt , 〈◊〉 non sine communitatis & procerum regni illius assensu , quali ipsa primitùs emanarunt . and if these statutes fall short of their intended efficacy , though devised with such great solemnity and wisdom of parliament ; they may very quickly be reformed , but not without the assent of the commons and peers of the realm , which was their source from the beginning . now i only desire that the word concitò may be taken notice of , which is the quickest word that can be imagined , and shews that our parliaments were always at hand ; and the whole passage shews for what wise and just reasons they were so . the next passage is chap. . fol. . a. neque leges angliae frivolas & infructuosas permittunt inducias . et siquae in regno illo dilationes in placitis minùs accommodae fuerint usitatae , in omni parliamento amputari illae possunt : etiam & omnes leges aliae in regno illo usitatae , cum in aliquo claudicaverint , in omni parliamento poterunt reformari . quo recte concludi potest , quod omnes leges regni illius optimae , sunt in actu vel potentiâ , quo faciliter in actum duci poterunt & in essentiam realem . ad quod faciendum , quoties aequitas id poposcerit , singuli reges ibidem sacramento astringuntur , solemniter praestito tempore receptionis diadematis sui . neither do the laws of england allow in law-suits frivolous and fruitless delays . and if in this kingdom delays in pleas which are not to the purpose should be used , they may in every parliament be cut off . yea , and all other laws used in the realm , when they halt or are defective in any point , they may in every parliament be set to rights . whereupon it may be rightly , concluded , that the laws of england are the best in the world , either actually or potentially , since they can easily be brought into act or being . to the performance whereof , as often as equity so requireth , every king is bound by an oath solemnly taken at the time of receiving his crown . out of this last passage i will not trouble you with any more observations than these ; first , that parliaments are the remedy against delays in law proceedings : but how if parliaments themselves should be delayed ? secondly , that if any or all our laws should halt , and our parliaments at the same time should be crippled too , and not able to come together ; they could not help one another . in the next and last chapter of that book , fol. . b. the prince immediately replies . princeps . leges illas , nedum bonas sed & optimas esse cancellarie , ex prosecutione tuâ in hoc dialogo certissimè deprehendi . et siquae ex illis meliorari deposcant , id citissimè fieri posse , parliamentorum ibidem formulae nos erudiunt . quo realiter , potentialiterve , regnum illud semper praestantissimis legibus gubernatur . nec tuas in hâc concionatione doctrinas futuris angliae regibus inutiles fore conjicio ; dum non delectent regere legibus quae non delectant . says the prince , my lord chancellor by the tenour of your discourse in this dialogue i am throughly satisfied , that the laws of england are not only good , but the best in the world. and in case any of the laws want to be mended or improved , the rules of the english parliaments do instruct us , that that may be done forthwith . whereupon the realm of england is always governed by the very best laws , either in reality or in possibility . and besides i conjecture that the doctrines that have been held forth in this dialogue will be very useful to the kings of england that shall come hereafter ; since no body likes to govern by laws which they do not like . after all these lauds and praises of the english laws , which the chancellor has stuck all over with stars quite through his book , and has made their perfection to center in this , that they either are or soon may be the best in the world , because in case they labour 〈◊〉 any defect , that fault may be immediately amended by a wise senate : what if that wise senate be no where to be found ; or is at no certainty ? it is then impossible to render the chancellor's latin into english. for the speedy perfection of the english laws which the prince and he are agreed is concitò & citissimè , may be rendred , either at the four years end , or the twelve years end , or at the world's end . for so i am satisfied it was meant , after a ten year's interval of parliaments , if the herb woman at edinburgh had not thrown her cricket-stool at the arch-bishop's head. and so dr. heylin i remember does not so much acknowledge that secret as justify it . it is in his little book of observations upon hammond l'estrange's history of the reign of k. charles i. says hammond , upon the dissolution of that wise parliament in . ( to whom we owe the petition of right ) all wise men concluded that there was an end of all parliaments . yes , says heylin , so they might well , the king having been troubled with their impertinencies , and having an example in france before his eyes , where parliaments have been so much discontinued , that it is become a proverb amongst them , voyons le jeu de trois estats , as the strangest sight which can be seen in an age. i have not the book now by me , but i will be answerable for the substance of this quotation , having retained this passage in my head above these five and twenty years . i can only touch several other arguments which might be enlarged upon . the high court of parliament is the dernier resort in this kingdom ; and if that fail , there may be a failure of the english justice . bracton says of an ambiguous or difficult cause , respectuetur ad magnam curiam ; but unless parliaments be frequent , such a cause is adjourned to a long day . every body that understands the english constitution knows that it is exactly the same as it was laid down in parliament ed. . by the lord chancellour that then was . you have it in sir robert cotton's abridgment of the rolls in the tower , p. . in these words . he then declared the three estates to comprehend the governance of this land , the preheminence whereof was to the king as chief , the second to the lords and bishops , and the third to the commons . now if we are at a loss or uncertainty about our parliaments , we are at a loss or uncertainty about two thirds of our government . but i will say no more upon this head , intending to shew in the following chapters , how the matter of parliaments stood in former ages . chap. ii. shewing how parliaments stood in king alfred's time , and afterwards . i chuse to begin with this period of time in king alfred's reign , because we have clear law and history to shew how parliaments stood in his time , and what law was ordained concerning them for ever . it is in the mirror of justices , which as my lord coke says in his preface to his tenth reports , was written in the saxon times , and it appears by the book it self : but several things were added to it by a learned and wise lawyer andrew horne , who lived in the reign of ed. . and ed. . antiquity enough for a book , we desire no more ; for we are sure that no common-wealths man had the penning of it . the words of the myrror are these , p. . pur le estate del royalme fist l' roy alfred assembler les comitees , 〈◊〉 〈◊〉 pur usage derpetuelle , que a deur foits per l' an on pluis-sovent , pur mestier , en tempts de peace se assemblerout a 〈◊〉 pur parliamenter sur le guidement del people d' dieu , coment gents se garderent de peche , 〈◊〉 en quiet , 〈◊〉 〈◊〉 droit per certaine usages 〈◊〉 〈◊〉 〈◊〉 . der cel estate se sierent plusiours 〈◊〉 per 〈◊〉 royes jesque al 〈◊〉 roy ; les quells dideinances sont disuses per meins sages , 〈◊〉 put default que 〈◊〉 ne sont my mise en escript 〈◊〉 publies en certeine . for the good estate of the realm , king alfred caused the counties to assemble , and ordained it for a perpetual usage , that at two times yearly , or oftner if need were , in time of peace , they should assemble at london , to sit in parliament , for the guidance of god's people , how the nation should keep themselves from sin , live in quiet , and receive right by certain usages and holy judgments . by this estate were made many ordinances by several kings down to the king that is now ; ( which says the margin was edward the first ) : which ordinances are disused by some that are not so wise , and for want that they are not put into writing and published in certain . in this passage the two times a year seem to be stationary ; the calling a parliament oftner than two times a year if need were , is plainly intended for contingencies of state , and when the ardua regni , or extraordinary affairs of the nation require an extraordinary parliament . i say , and will make out to all the world , by laws and declarations of parliament , that the king has a power of calling parliaments within the law ; but i never did , nor never will say to the end of my life , that the king can hinder parliaments appointed by law. these frequent parliaments were to meet at london in time of peace . we see then what has interrupted our parliaments both as to time and place . for london was after in the hands of the dane , and foreigners wars and tribulations came on . but the best way is to let an author explain himself , which the mirror does in telling us likewise the abusions of the law , or the contrarieties and repugnancies to right , or as he calls it , the fraud and force which is put upon law. this way of writing law is the best that can be invented , for it is the way of preaching by positive and negative , which is a two-edged sword , and cuts both ways . and the truth of it is , the negative part of the law , which lies in a little compass , oftentimes teaches us a world of the positive . for instance the articles in the roll , h. . m. . which k. richard the d . solemnly acknowledged of his own male-administration , do give us more light into the constitution , than a book of six times the bigness could do . but to come to the abusions of law which are in the mirror , p. . he says , that the first and sovereign abusion is for the king to be beyond the law , whereas he ought to be subject : to it , as is contained in his oath : though the second is my business , which is in these words . . abusion est , que ou les parlaments se duissent faire pur le salvation des almes de 〈◊〉 , 〈◊〉 ceo a 〈◊〉 〈◊〉 deur foits per an , la ne se font ils 〈◊〉 rarement , 〈◊〉 a la 〈◊〉 le roy pur aides 〈◊〉 cuilets de 〈◊〉 . et ou les 〈◊〉 duissent faire al common assent del roy 〈◊〉 de ses counties la le se font 〈◊〉 per le roy 〈◊〉 ses clerks ; 〈◊〉 per aliens 〈◊〉 autres que nosent contravener le 〈◊〉 ; eins 〈◊〉 de luy plaire ; 〈◊〉 de luy counseller a son 〈◊〉 , tout ne soit my le counsel covenable al commons del people , fans 〈◊〉 les counties , 〈◊〉 fans ensuer les rules de 〈◊〉 , 〈◊〉 dount 〈◊〉 〈◊〉 se foundent 〈◊〉 〈◊〉 fur 〈◊〉 , que sur droit . the second abusion of the law is , that whereas parliaments ought to convene for the salvation of the souls of trespassors , and this at london , and two times in the year , now a days they meet but seldom , and at the will of the king for aids and gatherings of treasure : and whereas ordinances ought to be made by the common assent of the king and his counties , now they are made by the king and his clerks , and by aliens and others that dare not contradict the king , but desire to please him , and to counsel him for his own profit , though it be not counsel which is convenient for the commons of the people ; without applying to the counties , and without following the rules of right ; whereupon there are several of the present ordinances that are rather founded upon will , than upon right . from this passage i shall only observe , that the place of a parliament's meeting is fixed , and still at london ; and that the two times a year was standing law down to king edward the first , though abusions and court-practices had broken in upon the law. now let us see how the law stood afterwards ; wherein i can only consult the books i have by me , for i have not health enough to go and transcribe the records in the tower , but take them upon content as they lie in sir robert cotton's abridgment of the records in the tower. and there in the very first page , ed. 〈◊〉 . it is ordained , que parliament serra tenus un ou deux foits per an. that a parliament shall be held one time or two times a year . here you see the twice a year is 〈◊〉 into once or twice . the next is p. . of the same bock , . ed. . the print touching the yearly holding of a parliament , cap. . agreeth with the record . now the print is , item , for maintenance of the said articles and statutes , and redress of divers mischiefs which daily happen , a parliament shall be holden every year , as another time was ordained by statute . now that statute , as i find by the statute-book , for i cannot find it in sir robert cotton , is thus . ed. . cap. . item , it is accorded , that a parliament shall be holden every year once , and more often if need be . by the reason given in the ed. . cap. . just now recited for a yearly parliament , one would think it should be a daily parliament ; because it is for the maintenance of former 〈◊〉 , and redress of divers mischiefs which daily happen : but i believe that a parliament which sits but forty days in the year are able to do that work ; concerning which we will enquire further afterwards . in the ed. . p. . the parliament's demand or petition is this , that a parliament may be holden every year ; the knights of the parliament may be chosen by the whole counties ; and that the sheriff may likewise be without brokage in court. the king's answer is this . to the parliament , there are statutes made therefore ; to the sheriffs there is answer made ; to the knights it is agreed , that they shall be chosen by common consent of every county . after these three laws in ed. d's time , we come to the first of king richard the second , p. . where the petition or demand for a yearly parliament is this . that a parliament may be yearly holden in convenient place , to redress delays in suits , and to end such cases as the judges doubt of . the king's answer is . it shall be as it hath been used . in the r. . p. . by the king's commandment one cause of opening the parliament is declared to be this . secondly , for that it was enacted that a parliament should yearly be holden . nay , if the court insist upon a yearly parliament , the country may and ought . thus stood the law of england till the caroli . when that king having discontinued parliaments for twelve years , and created a distrust of him in the breasts of his people which was just ; ( for if a prince spoil the government for twelve years together , who shall trust him in the thirteenth ? ) the nation found a necessity of having a cautionary parliament every third year , to secure their annual parliaments for the two years immediately foregoing . this is the true reason of the act for a triennial parliament , which was a perfect innovation both name and thing . for i challenge any antiquary , lawyer , or person whatsoever that has turned over books , to shew me the word triennial joined to the word parliament , from the foundation of this government till the year . a triennial parliament therefore is so far from being the constitution of this government , that if it were so , a great number of our present lords and commoners are older than the constitution , and were born before it . but as i said before , that act was only a cautionary act , as a town or gate of a city is taken in caution , for performance of articles . this appears by the first thing which is enacted in that law , namely , that the laws for a parliament to be holden at least once a year , shall hereafter be duly kept and observed . scobel's coll. car. . cap. . this act was gently drawn up , and had more of a prospect than a retrospect , and does not look back into those oppressions which king charles himself in his large declaration of august the th does acknowledge were insupportable ; which were wholly owing to this long intermission of parliaments : but it wisely provides , that in case the two first years parliaments should fail , then came a peremptory parliament , which the king and keeper might call if they pleased ; but if they did not , the counties and burroughs of england were forced to send . it is an act that executes it self , like our act for burying in woollen ; and he that will see the wisdom of it , may read it where i have quoted it . after this comes the act car. . cap. . and repeals this triennial act , because say they , it is in derogation of his majesty's just rights and prerogative , inherent to the imperial crown of this realm for the calling and assembling of parliaments ; whereupon the triennial act is annulled as if it had never been made . i wish it had never been made . but we will stop there first . it is annulled as if it had never been made : there is nothing lost by that ; for then our parliaments are where they were , which was due annual . well now let us see what alteration is made by this new act , car. . which follows in these words , sect. . and because by the ancient laws and statutes of this realm , made in the reign of k. edward the d , parliaments are to be held very often , ( that is once or twice a year ) therefore they shall not be discontinued above three years at the most . i do not use to admire consequences which i do not understand . but under favour , i would be taken right . i say , that the recital of the ancient laws of this realm does not repeal them , disannul them , anneantir , any thing , nothing ; when there is not one repealing word concerning them in that statute . i knew what i said when i wished the triennial bill of forty had never been made ; and it must be remembred that that act is as if it had never been made ; for it gave occasion to some men that came in with the deluge of the restauration , when it rained cavaliers , ( though i value all mens rights more than my own , and princes most because they are biggest ) and it prompted them to think of turning a cautionary triennial , into a discretionary . but god be thanked they wanted words to express themselves ; and if they meant it , they have not done it . but so as they did put the act together , and as it now stands , there are several things in it worth observing . st , that if there be occasion there shall be more and oftner parliaments , than once in three years . now i ask for whose sake was that clause enacted ? not for the king 's , for he was always enabled by his prerogative , for the sake of the ardua regni , to call a parliament every month in the year : well then it was for the sake of his people , that if they judged there was occasion for more or oftner parliaments , they might ask for them . for i appeal to common sense , whether it be not ridiculous , and wonderfully beneath the dignity of a parliament , when a prince was bound by his coronation oath to call a parliament once a year , or oftner if need were , ( for so the law stood , and so this prince was at that time bound ) to interpret a law after such a manner , as to say he was enabled to call a parliament oftner than once in three years . so much for that point ; the next is this . the the upshot of this act of parliament , and the conclusion of the whole act is in these words . to the end , there may be a frequent calling , assembling , and holding of parliaments once in three years at the least . i do say , that if ever we came to low-water mark in our laws about parliaments , and if ever they run dregs , it was in the time of charles the d . and yet it was enacted , and was the end of that law , that one should be called , once in three years at the least . now i leave it to the lawyers to tell , whether a proclamation can call a parliament , or any thing else besides a writ of summons and a writ for elections ? and thus have i run through the law of parliaments till t'other day , and considered what is the law at present . from king alfred's time down to edward the first , it seems to have been the standing law to have parliaments twice a year . i know that the invasions of several nations both danes and normans , and the revolutions and disturbances of state which happened , must needs cause frequent interruptions in the practice of it . but my reason to be of that opinion is this , because horne who lived in those times , says , that parliaments at that time ought to meet twice a year , and that at london , and that the intermitting of parliaments was the greatest abusion of the law but one . though i think i have still a greater authority than horn's , ( if any thing in this world can be bigger than that of an able and honest man ) ; but it is a king in his letter to the pope . it is in the clause rolls anno . ed. . m. . cedula . and is to be seen in prynne's large book p. . i will quote no more of it than is for my purpose . it is concerning the yearly tribute of a thousand marks which the popes from k. john's time claimed , and there were several years due . the pope's nuncio sollicites the matter , but the king excuses himself that he had come to no resolution in his easter-parliament , but by common advice he would give him an answer in his michaelmass-parliament next following . at present i only mind the wording and way of expressing these two parliaments . concerning the first he says , in parliamento quod circa 〈◊〉 resurressionis 〈◊〉 celebrati in 〈◊〉 consuevit . in a parliament that used to be held in england about the octaves of easter . that word consuevit amounts to custom and usage , and seems to express a parliament de more . he says , that the parliament was in octabis , and by occasion of his sickness , ( after they had made several good laws and 〈◊〉 many grievances , but not all that lay before them ) for the reason aforesaid , that parliament was dissolved , and the king could not treat with them about the pope's petition of tribute . but he promises to do the pope reason in his michaelmass-parliament which he intended . now let us see how that is express'd ; 〈◊〉 firmo scituri , pie dater et domine , quod in alio parliamento nostro quod ad festum sancti michaelis prox . , futur . intendimus , dante domino , celebrare , habito et communicato consilio cum 〈◊〉 et 〈◊〉 memoratis , 〈◊〉 super 〈◊〉 , ipsorum consilio dabimus 〈◊〉 . know for certain , pious father and lord , that in another parliament of ours which we intend to hold at michaelmass next ensuing , with god's leave ; we and the prelats and peers aforesaid consulting together , according to their advice will give you an answer upon the premisses . but i will say no more upon this head , being intent upon another . chap. iii. shewing , that the yearly parliaments were fresh and fresh . there are several ways of proving that there was a new election every year . they tell me there are writs extant for new elections for fourscore years successively , where there are but about six wanting . what if they had been all lost , imbezelled or made away ? what then , is our constitution lost , when bundles of writs are lost ? no , i will go no farther than this last letter to shew that there is a great appearance that while there were two parliaments in a year , the second must be new called . though i hate the word new applied to a parliament ; for a parliament is a parliament , and our ancestors would no more have dream'd of a stale or old parliament , than of an old moon cut out into stars . i will cite the words of king edward's letter , dated the th of june in the third of his reign , and when that 's done , let the reader make his own judgment upon them . it was in the interval betwixt his 〈◊〉 and his michaelmass-parliament . set antequam eidem parliamento propter negotiorum multitudinem quae reformatiouis remedio indigebant sinem imponere 〈◊〉 , eodem capellano vestro responsionem debitam sibi fieri instanter poitulante , 〈◊〉 gravis nos inbasit , sicut domino placuit , infirmitas corporalis , quae perfectionem multorum aliorum negotiorum , 〈◊〉 deliberationem petitionis census annui supradicti , de quo dolemus non modicum , impedivit ; sicque cum occasione infirmitatis hujusmodi , a qua per dei gratiam , cujus est perimere 〈◊〉 mederi , incepimus convalescere , idem paliamentum fuerit dissolutum , 〈◊〉 super hoc 〈◊〉 super petitione census ejusdem deliberationem 〈◊〉 cum praelatis 〈◊〉 proceribus antedictis . to this sense . but before we could put an end to that parliament , because of the multitude of grievances which lay before them , your nuncio in the mean time diligently solliciting your business , a great distemper as it pleased god befel me , which hindered the finishing of many other matters , and treating about the petition of the yearly tribute , which is a great grief to me ; and so by reason of my said illness , ( from which by the grace of god , in whose hands are the issues of life and death , i begin to recover ) that parliament was dissolved , and hereupon i could not treat with the prelates and peers aforesaid about this tribute . from this long quotation i shall only make this observation at present , that in this parliament begun in the octaves of easter ( perhaps upon may-day ) there was a great deal of business done , and a great deal of business left undone ; amongst the rest the pope's , because of the king's sickness , who thereupon could not give answers to bills or petitions ; and that the nuncio's petition was unanswered , went to the king's heart . but upon occasion of that sickness it was that the parliament was dissolved , and the pope's business hindred , to the king 's great regret . what , could not the king keep this parliament alive till the nineteenth of june , when he himself began to be well again , which is the date of the letter ? it is no more than fifty days from their first sitting down to the date of his letter , and yet though he set his heart upon the business that lay before that parliament , it was dissolved ; and to stop that gap he promises to call another parliament at michaelmass . then it seems they did not understand the method of prorogations , and it is unknown to me by what law it came in . if there be such a law , i never minded it , for i am speaking of the constitution , and not of innovations . but i believe the true reason of the abrupt disfolution of that summer parliament in conjunction with the king's sickness , was this , that if they had been held till michaelmass , though thore was then to be another parliament , it must have been at the king's charge . for i am of opinion by what i have seen even as low as richard the d's time , that the sitting of a parliament was usually forty days and that the quarantain was not duly kept in this parliament ed. . of the octaves of easter . but there was a concern in holding a parliament above forty days about the knights and burgesses wages . as appears by that memorable record which is in 〈◊〉 , p. . being the message sent by both houses to k. rich. . 〈◊〉 eltham . the words are these . dicunt 〈◊〉 quod habent ex antiquo statuto quod si rex a parliamento 〈◊〉 se 〈◊〉 〈◊〉 sponte , non aliqua , set se subtraxerit per absentiam temporis . dierum tanquam de vexatione populi sui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 non curans , extunc licitum omnibus & singulis eorum absque domigerio regis redire ad propria & unicuique eorum in patriam suam remeare . in short , they say they have an ancient statute for it , that in case the king wilfully absent himself and will not come to parliament , as having no care of vexing his people , nor regard of their great expences , after forty days , they are free to go home , and the king has no wrong done him . now what is the meaning of these forty days , but that they had waited a just session ? and how should the parliament-mens wages be otherwise adjusted , when at the end of every parliament in those times they were dismissed , with desiring them to sue out their writs for their wages ? and i leave it to the antiquaries , because i am not now able to travel in that point , to consider how the several proportions of land which are allotted for the knights and burgesses in several counties for their wages , can be adjusted , without a certainty of the length of their sessions . but not a word of this is my present business , which was to shew that parliaments by the constitution are not to be stale ; as i have seen one in my time retained about nineteen years with pensions , and another for fewer years with places and turning out of places : but if a parliament were corrupted neither of these ways , yet a standing parliament will always stagnate , and be like a country-pond which is over-grown with ducks-meat . the worst king one of them that ever the nation had , was so limited by the constitution , that he did not know how to compass a long parliament , and therefore he was fain to take other indirect ways to gain the same point as if he had one . it was rich. the d . who in the articles alledged against him , and confessed by him , lets us know it was by influencing elections and false returns . the words as they stand in the rolls h. . m. . are these . . item , licet de statuto , & consuetudine regni sui in convocatione cujuslibet parliamenti populus suus in singulis comitatibus regni debeat esse liber ad eligendum & deputandum milites pro hujusmodi comitatibus ad interessendum parliamento , & ad exponendum eorum gravamina , & ad prosequendum pro remediis superinde prout eis videretur expedire ; tamen praefatus rex ut in parliamentis suis liberius consequi valeat suae temerariae voluntatis effectum , direxit mandata sua frequentius vice-comitibus mitibus suis , ut certas personas per ipsum regem nominatas ut milites comitatuum venire faciant ad parliamenta sua , quos quidem milites eidem regi faventes inducere poterat , prout frequentius fecit , quandoque per minas varias , & terrores , & quandoque per munera ad consentiendum illis quae regno fuerant praejudicialia , & populo quamplurimum onerosa ; & specialiter ad concedendum eidem regi subsidium lanarum ad terminum vitae suae , & aliud subsidium ad certos annos , suum populum nimium opprimendo . . item , although by statute , and the custom of his realm in the calling of every parliament in every the counties of england , his people ought to be free to choose and depute knights for the said counties to be present in parliament , and to lay open their grievances , and to prosecute for remedies thereupon as they think fit , notwithstanding the said king that in his parliaments he might obtain his will which was rash , often directed his mandates to his sheriffs , that they should return certain persons nominated by the king himself as knights of the shires , which knights indeed he could make plyable to him , and as he very often did , sometimes by various threats and terrors , and sometimes by gifts , to consent to those things which were prejudicial to the realm , and extreamly burthensom to the people ; and particularly to grant the same king the subsidy of wool during his life , and another subsidy for certain years , thereby too much oppressing his people . now if he could have made long parliaments , he need not have made use of these mean shifts . but he could make use of no other way , because parliaments , as i said , were fresh and fresh , and antiquity knew no other . and if any man can make out of this authentick record , that it was any otherwise , than so many parliaments so many elections , then i have done with writing and reading . chap. iv. of the kalends of may. at last i am come to search after the head of nile , and the true old land-mark of the english constitution . how parliaments stood in the british times i am not so certain ; but that there were parliaments then , i am certain . i have it from the wise gildas , that vortigern and his foolish thaynes sent to the saxons for help against the picts and scots , and took into their bosoms a warlike and fierce nation , whom at a distance they were afraid of . and they indeed of course beat those that infested severus's wall , but they made mine hosts that invited them in , hewers of wood and drawers of water . and those of the britains that opposed them , the saxons drove out of their countrey , whereby as gildas says all their records were lost . but out of that venerable author we plainly see , that the lamentable letter which was sent the year before to the senate of rome , was written by a british parliament . for whose sake i beg of all nations not to let in legions of foreign nations to be their masters , for when they want them and their protection most , they shall go without it . for when the roman legions were withdrawn out of britany , ( which caused our enemies to make an insult ) and the british parliament begg'd hard to have them return , the roman senate's answer was , that they were otherwise engaged ; and they must help themselves as they could , which made them betake themselves to the saxons . a very fair answer to a nation that was disabled and disarmed , after their kings and parliaments had been only tax-gatherers to the romans for several hundreds of years ; as if you have no true lord mayor , you must still have pageants , and somewhat that keeps up the shew . but after these early times , we have somewhat in king edward the confessor's laws , which all succeeding kings have been sworn to , which i will try what to make of . it is an yearly folkmote upon the kalends of may. i do not know readily what that yearly folkmote is , because those laws of edward the confessor say that king arthur invented it ; quod arthurus rex inclytus britonum invenit . then i am sure the original name of it was not folkmote . then we will mind the name no more , but come to the thing . sir henry spelman in the learnedest glossary that ever was writ , i will not except mr. somner's , says thus under the word gemotum . wittenagemot idem apud anglosaxones quod apud nos hodie parliamentum , parumque a folcmoto differebat , nisi quod hoc annuum esset & e certis plerumque causis , illud ex arduis contingentibus & legum condendarum gratiâ , ad arbitrium principis indictum . a wittenagemot was the same thing amongst the english saxons , as now at this day a parliament is amongst us ; and a wittenagemote differed little from a folkmote , only that this last was annual , and chiefly sat about the standing affairs of the nation : the other was called at the king's pleasure upon emergencies of state and for the sake of making laws . now let us see what the learned antiquary says concerning folkmotes by themselves in the same place , p. . in folcmoto semel quotannis sub initio kalendarum maii ( tanquam in annuo parliamento ) convenere regni principes , tam episcopi quam magistratus liberique homines . jurantur laici omnes coram episcopis in mutuum foedus , in fidelitatem regis , & in jura regni conservanda . consulitur de communi salute , de pace , de bello , & de utilitate publicâ promovendâ . in a folkmote once every year at the beginning of the kalends of may ( as in an yearly parliament ) there met together the princes of the realm , as well bishops as magistrates , and the freemen . all the laymen are sworn in the presence of the bishops into a mutual covenant with one another , into their fealty to the king , and to preserve the rights of the kingdom . they consult of the common safety , of peace , of war , and of promoting the publick profit . it follows in the next words , adhibetur praeterca folcmotum in repentino omni discrimine , exigente etiam necessitate , sub aldermanno ( hoc est comite ) cujuslibet comitatus . besides a folkmote is used in every suddain danger , and likewise if necessity require it , under the alderman ( that is the earl ) of every county . this last is plainly a provincial folkmote in time of necessity ; but the former part of the sentence seems to intimate , that upon a surprize when the king had not time to call a parliament , the last folkmote met ; as the last westminster parliament did , to give the prince of orange the administration , before it was possible to have a parliament elected . though the former description of the general and not the provincial folkmote is our present business . and at the first sight it looks like a full parliament , for it consists of the princes , as well bishops as magistrates , and the freemen ; that is to say , the chiefs of the whole nation . and they are employed in parliament-work , for they consult of the common safety , of peace , of war , and promoting the publick profit . and did not the general title of our laws every session run thus ; to the high honour of god , and to the profit of the common-wealth ? if ever there were wites in parliament , sure it was princes , as well bishops as magistrates , and the freemen . why then does this learned knight distinguish betwixt a wittenagemote and a folkmote , seeing they were both made up of wites ? i am governed by things and not by words , and am throughly satisfied that an assembly which does parliament-business is a parliament . and no doubt the folkmote made laws ; for it is not to be supposed that an assembly of the whole nation should sit consulting forty days of peace and war , of armies and fleets , ( which in those days were three thousand ships , and were able to make out the dominion of the seas ) ; of the grievances of the nation , and the redress of those grievances ; and of providing for the common profit of the realm ; and after all not to be able to enact their own conclusions . that is just as if our present parliament should spend forty days in finding out ways and means for the raising money , and afterwards were not able to put them into a law : or as we private men use to consult and debate , and settle the nation over a dish of coffee , without being able to oblige one single man to our orders . the thing which misled this great antiquary ( as i conjecture ) to make this mark of difference betwixt a folkmote and a wittenagemote , as if a wittenagemote made laws and a folkmote nor , is this ; that when the saxon kings issued out their laws , they said they had passed in their wittenagemote , concilio sapientum , or council of wise men : and it was proper for the king to call his folkmote by that name , though not for them themselves . as for instance , the writs of election at this day call for some of the discreetest to be chosen to parliament , though the members do not assume that title : and i know so much of the old english genius , that they would no more have called themselves a wittenagemote , than this present parliament would call their votes which come out day by day , journal de sqavans . but i will wave conjectures even in antiquities , ( though we are there oftentimes forced to go in the dark , to tread upon ruins , and to feel out our way ; ) because i have direct proof that the folkmote made all the laws we ever had . and for this i will go no farther than to the third branch of the usual and accustomed coronation oath taken by the former kings of england , and taken twice by richard the second , hen. . membr . . inter decem scriptores , p. . in these words , spoken to the king by way of question . concedis justas leges & consuetudines esse tenendas ; & promittis per te esse protegendas & ad honorem dei corroborandas quas vulgus elegerit , secundum vires tuas ? respondebit , concedo & promitto . do you grant that the just laws and customs which are of the folks chusing shall be kept , and do you promise that they shall be protected , and to the honour of god receive affirmance by you , to the utmost of your power ? the king shall answer , i grant and promise . now i would fain know , how a folkmote can be otherwise expressed in latin than by the word vulgus , which is a collective word : or how the vulgus or folk could chuse laws any otherwise than in a folkmote ? i will not enter into the stiff dispute which exercised king charles the first and his parliament for a long time , whether the word was praeter tense or future , and whether the word was best rendred in the french translations , the laws which the folk auront esleu , shall have chosen , or which the folk eslieront shall hereafter chuse ; whereupon they said that he was bound to sign and affirm all the laws they should hereafter present to him , and that he could not make use of a negative without perjury . i say that that whole dispute was not worth a farthing . for if the folk chose the laws all along down to king richard the second's time , and the kings were sworn to affirm them , then we know how the laws antiently were made ; and who cares whether eslieront or choosing for the future be the sense of the word or no ? for if the folks choosing was the constitution in k. richard the second's time , then i would fain know in what king 's reign it was afterwards that the constitution was altered . in short , the folk chose the laws ; and i believe the english folkmote and wittenagemote will be found to be old homer's river , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which the gods call xanthus , but mortal men call scamander . now though scamander be the homelier name , yet it is the same river . i cannot but say there was some difference betwixt the folkmote upon the kalends of may , and the folkmotes which the king always called for his ardua contingentia or contingencies of state : but the difference lay only in this , that the folkmote of the kalends of may was a parliament de more , and of course , who assembled themselves , sub initio kalendarum maii , says spelman , and were bound to do so , in capite kal. maii , say the laws of edward the confessor , cap. . de greve ; ( and out of that chapter has sir h. spelman extracted his true account of a gerneral folkmote , which was anniversary : ) whereas a wittenagemote or extraordinary parliament or folkmote was summoned at the king's pleasure , and was ever at his call both for time and place . other difference i can find none . for as for the constituent parts of a folkmote , if the princes of the realm , as well bishops as magistrates , and the freemen , cannot denominate a wittenagemote , i know not where the king will find his wites , or wise-men . i have spoke to that point already . i have likewise spoken to the point of the folkmotes making of laws . we find indeed the saxon kings in the preface of their laws which were made in extraordinary parliaments , decreeing with their wites , ( 〈◊〉 〈◊〉 〈◊〉 ) some at greatanlage , and at midwinter afterwards at eaxcester , as king athelstan ; some at 〈◊〉 at the holy easterly tide , as king edmund ; others at wodestock in mercialand , and others at winchester . whereby it appears that the kings of england had a power to summon parliaments when and where their weighty affairs required them , in all places of the realm , and at all seasons of the year . this is an undoubted prerogative lodged in the king for the sake of the ardua contingentia ; and no man would govern a kingdom that could not command the advice and assistance of his subjects to be forthcoming , when the occasions of the kingdom required it . and for the sake of these ardua negotia , the knights , citizens and burgesses are to be impowered to act in parliament-business by those that sent them ; lest for want of that full and sufficient power , or by means of an improvident election , these arduous and weighty affairs of the kingdom should in any wise remain infecta , or be left undone . this is contained in the present writ of elections directed to every sheriff of a county at every election of parliament-men . but that is not my present business , for i am in a further search after the annual or rather the anniversary folkmote . chap. v. concerning the first founder of the yearly folkmote of the kalends of may. before i proceed any further i must clear one point . and that is , that we find the author and founder of our yearly folkmote mentioned in the laws of edward the confessor , ( which were recited and confirmed by k. william the first ) under the title de greve , chap. . which may possibly leave a suspicion that this yearly folkmote of the kalends of may was a greve's court. now what court should this be , belonging to a greve , or any count or viscount , or president whatsoever , for greve is an ambiguous word ? it is not a burghmote , for that is three times a year by the saxon laws . it is not a county court , for that by edward the senior's laws , n. . was in these words . ic wille that aelc gerefa haebbe gemot a ymb feower wucan . i will that each greve have a gemot at about four weeks . so that there were twelve in the year . it was not the sheriffs turn , or le 〈◊〉 del 〈◊〉 , for that was twice a year ; 〈◊〉 scirgemot on ger , by the laws of king edgar , cap. . it is not the gemot for the view of weapons or arms , which every freeman in england was charged with , and was bound to shew once every year , and , as was wisely contrived , all in one day throughout all england ; but that day was not in our kalends of may , but the morrow after candlemass , crastino purificationis b. m. and therefore i cannot for my life make any thing else of an universal anniversary full folkmote , which is but semel in anno , scilicet in capite kal. maii , but a stationary parliament : especially considering who they were and what they did . the next thing to be considered is the author or founder of this ancient constitution , which we have in the aforesaid chap. de greve , num. . amongst the laws of good king edward . hanc legem invenit arthurus , qui quondam fuit inclytissimus rex brytonum , & ità consolidavit , & confoederavit regnum britanniae universum semper in unum . this law of the anniversary folkmore arthur invented , who was heretefore the most renowned king of the brytons , and thereby he consolidated , and confederated together the whole realm of britany for ever as one man. it is good to honour the founders of all useful constitutions ; and i believe that 〈◊〉 arthur was the inventor of this as to this realm ; because these laws of k. edward say so : and so was cadmus the inventor of letters in greece , though we 〈◊〉 trace them out of phoenicia ; and the letters speak for themselves . for if it be aleph , beth , gimel , daleth in one place , and in the same order it is alpha , beta , gamma , delta in the other place , then we are sure there has been an understanding and communication . for it is impossible to be otherwise when the alphabets are settled on both sides , by being their numeral letters ; as it was plainly in king david's time by the octonaries of the th psalm , as it stands in the middle of the bible ; and as it was in homer's time in greece ; or else the old scholiasts have deceived me , who say that homer purposely couched the number of all his books in the first word of his iliads 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which numerals stand for . the greeks likewise taught the welch to tell twenty , and i believe they taught the romans too . now by the same rule , if there was a very ancient folkmote in the neighbouring kingdom of france upon every kalends of may , then perhaps king arthur borrowed from them ; and it is good to look upon their kalends , because it is possible they may give light to ours . the french kalends of may lie thus in radulphus de diceto , a famous dean of paul's in king john's time , whose history was thought so authentick , that the english parliament , in edward the first 's time , relied upon his testimony , amongst some others , in no less a point than the claim of the king of england , to the supream dominion of the realm of scotland . as to our present business he has these words , abbreviat . chronicorum , pag. . abhinc francorum regibus à solita fortitudine & scientia degenerantibus , regni potentia disponebatur per majores domus , regibus solo nomine regnantibus ; quibus moris erat principari quidem secundum genus , & nil agere vel disponere praeterquam irrationabiliter edere & bibere domique morari , & kal. maii praesidere coram totâ gente & salutari , obsequia & dona accipere & rependere , & sic secum usque ad alium maium permanere . i will render the sense of it into english as near as i can : however the latin lies before every man to translate it for himself . from henceforward the french kings degenerating from the valour and learning which they used to have , the power of the kingdom was administred by the masters of the palace , the kings themselves being upon the matter only titular ; whose custom it was to come to the crown indeed according to their descent , and neither to act nor order any thing , but to eat and drink unconscionably and to live at home , and upon the kalends of may to preside in an assembly of the whole nation , and there to be addressed , to receive their allegiances , and aids or benevolences , and to remercie them , and so to retire to the same life again till another may came . this french kalends of may , is so much a picture of ours , that i know not which is the copy , nor which the original . their's was an assembly of the whole nation ; so was our's . annual and anniversary ; so was our's . it was 〈◊〉 gens kal. maii , in france . our folkmote looks extreamly like it in those two strokes . statutum est enim quod ibi debent populi omnes , & gentes universae singulis annis , semel in anno scilicet convenire , scilicet in capite kal. mati . for it was appointed by statute that all the people and counties universal should meet together at the folkmote each year , namely , once in the year , namely , in the beginnings of the kalends of may. the king used to have fine speeches made to him in france ; so had we . they swore allegiance to him ; so did our folk . they gave him gifts ( it was not new-year's tide ) aids , benevolences , call them what you will ; and our people at the same time , as sir h. spelman said above , consulted of peace and war , which cannot be managed without ways and means of raising money , which is the sinews of war , as laws are of peace . the word rependere at last in the french kalends looks so like our french form of the royal assent given to a money bill , le 〈◊〉 remercie ses loyals sujects , that i knew not how to render the word rependere , any otherwise than i did , by the word remercie . i know that the year , was below k. arthur's time , but it appears that when the french government was utterly spoiled in the merovingian family , as to the other points , still they retained the old custom of the kalends of may ; so that it was of much greater standing . the conclusion . and thus i have finished what i at first propoundded ; but under such difficulties and disadvantages of a broken health , as i do verily believe never book was written . and for that reason , i am certain that the very great personages to whom i ventured to offer it , ( though it was upon presumption of a better performance ) will bear with it ; to whom i wholly submit it with all deference : and if one single word of it should happen to be against law , i here revoke it before hand . and for the same reason i earnestly desire all antiquaries and learned men to look further into this matter , because i my self cannot : and as they see cause , either to confirm or confute my notion , which is indifferent to me , because i only seek truth . i do not speak thus doubtingly concerning annual parliaments , for i am positive in them ; but if people will have the utmost of antiquities , and the very original of the wisest and justest government in the world , they must sometimes be content to read with letters that are somewhat worn ; though i have been of opinion for many a year , that the kalends of may were very legible . and i am sure that i have by this time gained my point , which was to set wiser men upon thinking . i was afraid that this government would float and move upon the face of the waters , till we were at a certainty about our parliaments ; and therefore when i waited upon my lord devonshire before the coronation , and it is my fault i have not done it often since , i said that we were never the better for this revolution till we had a settlement of parliaments , and our ancient right was anniversary parliaments , and that nothing else could set the government to rights . knowing how much he had assisted the king , and seeing the white staff in his hand , i concluded upon his interest with the king , and therefore said ; my lord , you may make a complement of this matter to the king , and tell him that we must have good laws , in a good reign , or never , for we cannot have them in a bad one ; but the laws made in a good reign are to support us when a bad one comes , as the seven years of plenty in egypt , sustained the seven years of famine . it breaks no rules to repeat my own discourse to his lordship , and to say that he gave me the hearing , nor to say that a certain knight pulled me by the sleeve , which had no other effect than to make me speak the more , and the more earnestly to my lord in that matter . likewise when mr. johnston the present secretary of state for scotland , told me in the court of requests , that the bill of rights was going up to the house of lords , i wish'd at that time that all the rights were reduced to one line which was our right , to have a parliament every kalends of may. i tell these old stories to shew that i was always of the same mind , and that no court neglects nor disappointments have altered me ; and i will love this court whether they will or no , for i am sure that i laid the bridg that brought them over , and am pretty certain that they did not come hither in virtue of passive-obedience . finis . errata . p. . l. . dele the. p. . l. . for , the year before , read , some few years before . notes, typically marginal, from the original text notes for div a -e e. . c. . e. . c. . an. dom. . l. l. ed. cons. cap. . de greve . a true and perfect narrative of what was acted, spoken by mr. prynne, other formerly and freshly secluded members, the army-officers, and some now sitting in the lobby, house, elsewhere, the th. and th. of may last ... by william prynne, esq. ... prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true and perfect narrative of what was acted, spoken by mr. prynne, other formerly and freshly secluded members, the army-officers, and some now sitting in the lobby, house, elsewhere, the th. and th. of may last ... by william prynne, esq. ... prynne, william, - . [ ], p. printed for edw. thomas ..., london : . errata: p. . reproduction of original in yale university library. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true and perfect narrative of what was acted , spoken by mr. prynne , other formerly and freshly secluded members , the army-officers , and some now sitting in the lobby , house , elsewhere , the th . and th . of may last . the grounds inducing mr. pr. to go into the house : the evidences , reasons , by which he intended to demonstrate to them : that their new-common wealth , ( or good old cause ) was originally projected by the iesuites , and other forein popish enemies , erected by the army officers , and those now convened , as their seduced instruments , to destroy our protestant religion , church , king , kingdoms , parliaments , laws , liberties , with the visible effects thereof since its erection ; that the old parliament was absolutely dissolved by the kings beheading , notwithstanding car. c. . that the commons sitting since . and now , neither are , nor can be the house of commons , much lesse the parliament within that act. that our hereditary monarchy , is the divinest , best , happyest , durablest of all other governments ; and its speedy restitution , the only means to prevent impendent ruine , and restore our pristine peace , safety , honour , vnity , prosperity , both in church and state : with some seasonable applications to the army , the sitting , secluded members , lords , and all well wishers to the publick . by william prynne esq a bencher of lincolns inne . printed and published to rectifie the various reports , censures of this . action ; to give publick satisfaction to all members of the old parliament , the whole english nation , especially those vianders and free burgesses of the borough of newport in cornwall , ( who without mr. p. his privity or liking , unanimously elected him for their burgesse , anno . though soon after forcibly secluded , secured , and now twice re-secluded in like manner by the army-officers . ) of his sincere endeavours to the uttermost of his power , to preserve our religion , fundamental laws , liberties , government , the essential rights , privileges , freedom of parliament , and all we yet enjoy , according to his oaths , covenant , trust , as a parliament-member , against the utter subverters of them , by a new republick , meer armed force , arbitrary will , and tyrannical power , through the apparent plots , seductions of our professed forein popish adversaries and their instruments ; here clearly detected in their native colours , fruits . psal. . . i will not be afraid of ten thousands of men , who have set themselves against me round about . psal. . . though an host should encamp against me , my heart shall not fear ; though war should rise against me , in this will i be confident . london printed for edw. thomas at the adam and eve in little britaine , . a true and full narrative of what was done and spoken by and between mr. prynne , other secluded members , & army officers , &c. on the th . day of this instant may mr. prynne walking to westminster hall , ( where he had not been six daies before , ) meeting with some old secured and secluded members of parliament , summoned by king charles his writ and authority , for these only ends ( expressed in all writs of summons to the lords , and of elections issued to sheriffs of counties for electing knights , citizens , and burgesses of parliament , and in the indentures themselves by which they were retorned members ; ) to confer and treat of certain great and ard●ous affairs , concerning the defence of the king , kingdom , and church of england , and to do and consent to those things which shall happen to be therein ordained by common counsel , ( of the king , lords , and commons , ) touching the aforesaid businesses : which parliament began at westminster the third day of november , . they shewed him a declaration of the officers and counsel of the army , made in such hast and confusion , that they mistook the month wherein they made it , dating it april . instead of may . published by them that morning , ( which declaration the day before , was presented to the speaker of the said parliament , at the rolls , by divers officers of the army , in the name of col : fleetwood , and the counsel of officers of the army , in presence of many members of the said parliament ) containing their earnest desire , that those members who continued to sit since the year . untill the th . of april , . would return to the exercise and discharge of their trust , ( expressed in the foresaid writs and indentures alone by those who impowred , elected , & entrusted them as their representativs , without any other forged new trust whatsoever , inconsistent with or repugnant to it ) promising their readiness in their places as became them , to yield their utmost assistance to them to sit in safety , for improving the present opportunity for setling and securing the peace and freedom of this common-wealth ; praying for the presence and blessing of god upon their endeavours ; who after they had sate many years in performance of the trust reposed in them by the people , and being in the prosecution of that duty assembled in parliament at westminster , upon the th . day of april . were then interrupted and forced out of the house from that time untill this very day : of which force they seemed in this declaration unfeinedly to repent , by an actual restitution of the members formerly forced thence , much more then of that * greater and more apparent force of whole regiments of horse and foot drawn up to the house it self in a violent maner , dec. . . where they seised , secured mr. pr. with above forty , and secluded , forced away above members more of the commons house , only for the faithfull discharge of their trusts and duties therein , according to their oaths , protestations , vows , covenants , consciences , wherin most think they first turned out of the way , by wandring into other wayes from righteous & equal paths ; which members though they do not particularly invite to sit again , yet they having proved no breach of trust against them , do not in the least measure intimate , that they would forcibly seclude them from sitting if that parliament should be publickly voted still in being by vertue of the statute of carol● c. . as they in their counsel of the army have actually resolved , by their invitation of the members thereof to sit again , as mr. p. & those members who shewed it to him conceived upon their perusal thereof . mr. p. being after informed , that the old speaker and sundry members of the long parliament were then met in the painted chamber to consult together in order to their meeting again in the house , was moved to go thither to them which he refused , because it was no place where the house of commons ever used to meet or sit as an house , but only as a committe upon conferences with the lords : soon after mr. p. heard by some members and others , that the old speaker and about forty members more , with the mace carried before them , were gon from the lords house into the ho. of com. & there sate as an house by vertue of the stat. of car. c. . and their old elections by the kings writs ; vpon which there being then above of the old secluded members in decemb. . in the hall ; they did think fit and agree , that to avoid tumult , about . or . of them , in the name of the rest , if freely admitted without any seclusion , or engagement ; should in a friendly manner , desire to know of them , upon what account they did now sit there thus sodainly and unexpectedly , without giving any convenient notice or summons to all the rest of the members to sit with them ? if only by vertue of the act of caroli ch . . thus penned . be it enacted and declared by the king our soveraign lord , with the assent of the lords & commons , that this present parl. now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance thereof , be prorogued or adjourned , unless it be by act of parliament , to be likewise passed for that purpose . and that the house of péers shall not at any time or times during this present parliament , be adjourned , unless it be by themselves or their own order . and in like manner . that the house of commons shall not at any time or times during this present parliament , be adjou●ned , unless it be by their own order . and that all and every thing or things whatsoever done or to be doue , for the adjournment proroguing or dissolving of this present parliament ; shall beutterly void and of none effect : then they intended to send for the rest of the members walking in the hall to come in unto them : and to move , that all surviving members of this parliament , might by joynt consent particularly be sent to , and invited to meet and sit in the house at a convenient day , before any vote or order passed by thē then sitting , thus sodainly convened without any notice ( which would be interpreted rather a surprize , and un-parliamentary practice , both by the absent members and the whole nation , than any obliging parliamentary vote or order of the house ) and more discontent than invite the absent unsummoned members unto them , making the publike rent greater than before . and when they were there assembled , that in the first place they might freely & fully debate this question , ( wherein there were different opinions between the members themselves , and other learned lawyers ; ) whether this parliament was not actually dissolved by the late kings forcible death ? which is clearly m. p. his opinion formerly published ) or , whether it was not still in being , by vertue of this act , notwithstanding the kings death , or any other thing or things done already by the army-officers or others for the adjourning , proroguing or dissolving thereof ? if it should upon such debate be voted by the majority of the house to be really and legally dissolved ; they held it their duties and theirs now sitting , to acquiesce therein , and act no farther as a parl. but if voted still in being , they all held it their duty , to sit and joyn their best counsels and endeavours to settle the government , peace , safety of our distracted church and nations , now more shaken , unsetled , endangered in their apprehensions than ever , and would submit their private contrary opinions in this ( as in all other votes ) to the over-ruling judgement of the whole house ; as the only hopefull way to revive the antient constitution , rights , privileges of parliament ; and resettle us upon lasting foundations of peace and prosperity . upon these resolutions alone , & none other , which mr. p. intended to propose to those then sitting , he went to the l●bby door of the commons house , accompanied with sir george booth , mr. arthur annesley , sir iohn evelyn , mr. th. gewen , mr. charles rich , mr. mountague , mr. ri. knightly , mr. hungerford , and one or two more ; which being shut to keep out the people crowding on the stairs to get in , through whom they could hardly pass ▪ m. p. knocked twice or thrice , but could get no admittance , till the doer being opened to let out m. nye & som other ministers , mr. p. with sir geo. booth and mr. annesly , being formost , pressed into the lobby ; and then the door being shut & bolted again , mr. p. unbolted & held it open till the rest came in ; where they finding mr. iohn and mr. iames herbert standing in the lobby , acquainted them with their intentions to go then into the house , who resolved to go in with them . coming all up towards the house door , which was shut and kept guarded ( as it presently appeared ) by som officers of the army ; mr. p. required them , to open the door to let them in , being all members of the old parliament ; who thereupon demanded ; whether they had continued sitting in it since . to ? m. p. & the rest all answered , that being members of the old parliament , they would give no account to thē or any others of their sitting , but only to the house it self wherof they were members , being contrary to the privilege of parliament , which they & others were obliged inviolably to maintain : upon which demanding their names , they said ; that if they would send in a note of their names to the house , and they ordered them to come in , they should be admitted . whereto mr. p. replied , we yet knew not who were within the house , nor whether they were yet sitting , nor upon what account they sate ; nor was it agreeable with the custom or privilege of parliament for one member to send tickets to his fellow members for free admission into the house , being all equals , and having an equal right freely to enter into it at all times , as well as they ; nor was it their duty thus to capitulate with members , but obey their just commands in opening the door : which they ●till refusing , mr. p. demanded , who and what they were , being all strangers to them ? and by whose authority , or order they thus forcibly kept them out ? they answered , they were officers of the army , and had sufficient authority to keep thē out , if they had not sate since . till . mr. p. demanded , from whom they had their warrant , since they could have none from those within , being but newly entred ; and none else could give thē such a warrant , nor they within before they heard them , and gave good reason for it ; demanding them to produce their order , if they had any in writing , that they might know by whose authority they were thus forcibly kept out ; demanding their several names twice or thrice , wherwith they refused to acquaint them . upon this m. p. told them , they doubted of their authority , orders thus to seclude thē , because they were either ashamed or afraid to tell thē their names , when as they told them theirs : that they knew not whether they were officers of the army , or not , unless they knew their names , that so they might inquire the truth of it , or saw their commissions : and if they were army-officers indeed , they had published a printed decl. in all their names that morning , inviting ( as they conceiv'd ) all members they formerly secluded , to return & sit again in the house to discharge their trusts : wherin they professed their former force upon , & seclusion of them , to be a backsliding , and wandring into unrighteous paths ; which they seemingly repented of ; promising to yield their utmost assistance to them to sit in safety ; and praying for the presence and blessing of god upon their endeavours : and if now within few hours after this remonstrance published , they thus highly and publikely violated it in the view of all there present , by returning to their former backslidings and unrighteous paths ; in secluding those who were members afresh , and violating their own declaration , none would henceforth credit them , or it . upon which one of them told m. p. he knew he was none of them who sate since . till . therfore they were not bound to let him in , being not within their declaration . who retorted , he thought their repentance had been universal , not partial ; of all their forces upon the house and members , especially of their greatest dec. . . when they not only secluded , but secured and imprisoned him and more in hell , and other places , & forced away . times as many more for discharging their trusts , & asserting the true good old cause ; against their commissions , trusts , protestations , and printed remonstrances ; which if they would look back upon and well consider ( as they proclaim they had don in their new decl. ) they would find to be one of their greatest backslidings where they first turned out of the way , which caused god to withdraw his presence and good spirit from them ever since , and give them up to the prosecution of a new romish good old cavse , which had brought us into a sad posture , occasioned many vicissitudes of dangers , and caused god in his providence to make all their essaies to settle us , utterly ineffectual ; to convince them of & reclaim them from their error : which they now pursued afresh , as vigorously as ever : that for his own part after his impisonment by them against both lawe and privilege in . in sundry places , he was again forcibly seised by some of the army in his house in . and kept a close prisoner near . years under armed guards of souldiers in . remote castles farr distant frō th●se th●n sitting : therfore they could not make their unrighteous imprisonment of him then without any cause or hearing , a just ground to seclude him from sitting now . but all these expostulations of m. p. and others , not prevailing , they desired all present to take notice and bear witnes of this high affront and brea●h of privilege in this their forcible seclusion ▪ and so departing mr. knightly meeting major general lambert in the lobby , complai●ed to him of this forcible seclusion ; who gave him a civil answer to this effect ; that things were now in an hurrie , and their entring at this time into the house might causes me disturbance , but doubted not such course would be taken by the officers of the army in few daies , that none should be forcibly secluded and so they went from the lobby into the hall from whence they came , acquainting those members they left there with the premises . after some conference with one another , it was thought fit they should meet about . a clock in the evening under lincolns inne chappel , and in the mean time that every one should inquire , what old secluded , or secured members were now in town , and how many members of the long parliament were yet living , chosen or sitting before december . . when they were first forcibly secluded by the army . some met accordingly , and upon conference found , there were about secluded members then in london and westminster ; being near double the number of those sitting that day ; and above members of all sorts yet living , chosen or sitting in the commons house before decemb. . over and above those that now sate ; all which they conceived ought in justice to be summoned by the speakers letter , freely to meet and sit in the house at a convenient time to be agreed upon ; in order whereunto some ten of them met in the counsel-chamber of lincolns inne ( where the old speaker used to sit in counsel as a bencher with the rest of the benchers concerning the affairs of the society ) as the fittest place to write down a catalogue of all the surviving members names , by the help of their memories and the printed list of them ; which having finished , they departed , agreeing to meet in westminster hall about of the clock on monday morning , whither m. p. carried the list of the names he had formerly written , digested into an alphabetical order , to communicate it to other members , those that sate meeting on the lords day , adjourned their house till ten of the clock mond●y morning : but the courts not sitting in vvestminster-hall that day , mr. p. found the hall very thin , & few members in it . whiles he was standing in the hall expecting those who promised to meet there , he was twice informed one after another , that there were no guards at all at the house d ▪ or , that any person might freely go into it without examination , there being but few members within , and the doors standing open . whereupon he spake to or members there met , to go along with him into the house , and if they were freely admitted , to give notice of it to the rest to follow after if they pleased : some of them were unwilling to go being formerly repulsed , thinking it better to make a narrative of their former forcible seclusion on saturday , and to signifie it by a letter directed to the speaker , subscribed with their names , which mr. p. conceived superfluous , since the door now stood feeely open to all without any guards to seclude any , and that , as he apprehended , in pursute of major general lamberts promise to mr. knightly : and it would be idle to complain of that force by letter , wherewith they might now acquaint those then fitting by their own mouthes , if there were cause . vpon which ground , m. prynne , mr. annesly , and mr. hungerford about ten of the clock went to the house , where the doors of the lebby & house were at first knock opened to them by the ordinary door-keepers , upon their telling thē they were members , ( there being no guard at either door : ) who delivered to each of them as members , a printed paper intitled , a declaration of the parliament assembled at westminster , saturday . may , . they found not about . of . of those who sate , within the house , who courteously saluted them : after some short discourses , mr. annesly , and mr. hungerford leaving mr. prynne in the house , ( out of which he resolved not to stir upon any occasion , for fear of a new forcible seclusion ) went back into the hall to acquaint the members in it , they might freely enter if they pleas●d : mr. annesly returning , was forcibly kept out from re-entring by some soldiers , sent thither ( as he conceited ) for that purpose . wherwith he acquainted mr. p. by a note , desiring to speak with him at the house door ; which being opened , mr. annesly pressed to go in to speak with him , but was denied entrance , unless he would give his paroll presently to come out again and not stay in : whereupon he said . though they had often broken their parolls with them , yet he would not break his parol ; but would come forth so soon as he had spoken with m. p. which he accordingly performed . after this mr. p. had conference with divers members as they came in , who said they were glad to see him in health , and meet him there again . the house being thin , m. p. turned to the statute of caroli , c. . reading it to himself ; and after that to two other members : telling them , it was a doubt , whether the old parliament was not determined by the kings death , notwithstanding that act ; which was fit to be first freely debated in a full house , before ought else was done . upon which they demanded , why he came amongst them , if he made a scruple , or thought it to be dissolved ? who answered , to have it fully debated and resolved in a full and free house . after which sir arthur hasterigge coming in , mr. p. saluted and told him , he was glad to meet him again in this place : who presently answered , he had nothing to do to sit there as a member , being formerly secluded . whereto he replyed , he had as good right to sit there as himself , or any other member whatsoever , upon the account of the old parliament , if in being : having acted , written , suffred more in defence of the rights and privileges of parliament , than himself , or any sitting with him . upon which sir henry vane coming in , and stepping up to them , said in a menacing manner : mr. prynne , what make you here ? you ought not to come into this house being formerly vo●ed out , i wish you as a friend quietly to depart hence , else some course will be presently taken with you for your presumption : which sir arthur seconded , telling him , if he refused , that there would be a speedy course taken , and a charge put in against him , for his meetings on saturday , and actings against the house . to which he replied , he had as good , if not a better right to sit than either of them : that he knew of no vote to seclude , nor of any there who had right or power to vote him out , being equally intrusted with themselves for the whole nation , and those he represented : that he was never convicted of any breach of his parliamentarie trust , and hoped they would have both the justice and patience to hear , before they voted him out : and then he doubted not to make it appear , themselves were greater infrinegers of their trusts , and more worthy to be voted out than himself . as for their charge and menaces , he was no way affrighted with them : it being as free and lawfull for him and other members , to meet and advise together both as members and freemen of england , for preservation of themselves , the peoples rights and parliaments privileges , when forcibly secluded , as they did on saturday ; as for themselves , or the army officers to meet privately and publickly both in and out of the house , to deprive them of their privileges , as they had oft times done of late : that these high menacing words , were a very ill performance of their new published declaration , delivered him at the door : that they were resolved ( by the gracious assistance of almighty god ) to apply themselves to the faithfull discharge of their legal trust ; to assert , establish and secure , the property and liberty of the people in reference unto all , both as men and as christians . ) which if they should publikely violate , & null by any unjust charge , or proceedings against him , who had suffered so much , both as an english freeman , christian , and member too ( by their years close imprisonment of him without cause or hearing ) under their new free-state , when first erected , and now again upon their very first reviving of it , though a member , only for coming into the house and meeting with other members , to claim their rights : it would highly reflect upon their intended new free state , and make all out of love with it . after which , they going up with other members into the committee chamber , to consult how to dispose of or get him out of the house , about half an hour after they all came down into the house , where mr. p. continued sitting : the speaker being come in the interim , they first concluded to goe to prayers , then to sit as an house : whereupon all taking their places , mr. prynne took his place too where he usually sat before , resolving not to stirr thence : which sir arthur and sir henry observing , after some whisperings with the speaker and others next them ; though the cushion was laid , and order given to call in the chaplain to pray , yet they countermanded it , telling the speaker , it was now somewhat late , and they could dispatch little before dinner : therefore they would by agreement , without any adjournment , presently rise and go to dinner , and then sit in the afternoon about one a clock , and the speaker in the mean time might dispatch a business he said he must needs doe . vpon which they all rising , mr. p. continued in the house till most of them ( being about . with himself in his computation ) were gone out , lest they should return and sit so soon as he was gone , his presence there , being the sole cause of their not fitting . mr. prynne then going out after them , found a guard of souldiers with halberts at the door , and a troop of horse in the pallace yard ; which were purposely sent for to keep out the other members , and mr. p. if he returned , as the sequel proved . mr. p. having acquainted some secluded members in the hall with these passages in the house ; who agreeing to send a letter to the speaker touching their forcible seclusion on saturday , he returned to lincolns inne , where he dined in the hall : immediatly after dinner he repaired to westminster , with a resolution to goe into the house if admitted ▪ or protest against the force if secluded by the army gards there placed : he found an whole troop of horse , in the palace yard , and a company of foot on the stairs , and court of requests , drawn thither to keep him and other members out ; whereupon he walked in the hall til past . a clock , expecting the speakers coming , with whom he intended to enter ; at last , being informed that he went the back way without the mace , and was gon into the house ; mr. p. to avoid tumult ( a company of unknown persons in the hall going after to see the issue ) went purposely forth towards the abby , till all were gone from the steps ; and then going up only with one of his acquaintance , ( no member ) he found the door and stairs before the lobby strictly garded with red-coats , who with their halberts crossed the door and steps so thick that none could pass : whereupon mr. p. demanded entrance , saying , he was a member ; and they being ignorant who he was , permitted him to pass through their pikes into the lobby , but secluded his friend from going up with him . when he came at the house door to enter , several officers of the army there placed ( one of them sitting in a chair ) told him , that he must not enter , and that they had special order to keep him out of the house : wherupon he protested against this their forcible double seclusion of him , as an high contempt and breach of privilege , contrary to their own and the sitting members declaration published that day ; demanding in the name of all the commons of england , and those for whom he was elected , free admission for himself and other members they kept out by a visible force of horse and foot ; which was a worse and more real levying of warre against the pa●liament , then the beheaded king or his party were guilty of ; whose imprisoning , prosecution of members of parliament for opposing his unlawfull will , after the parliament : and coming to the house only to demand the . impeached members , without offering force , or secluding any member ; but above all , his labovring the english army to be engaged against the english parliament ; ( being a thing of that strange impiety & unnaturalnes , that nothing can answer it , but his being a foreiner ) with his breach of faith , oath , protestations , in levying war against and offering force to the parliament only at a distance , without keeping out any by armed gards ) being the principal unparale'ld treasons , for which the most of those now sitting in their very declaration of mar●ii . ( expressing the grounds of their late proceedings against him , and setling the p●esent government in the way of a free state , now cryed up as their good old cavse ) appealed to all the wo●ld to judge , whether they had not sufficient cause to bring the k. to iustice ? and execute him as they did : of all which they were formerly & now far more guilty in placing gards of horse , & foot at the parliament doors to keep out him & other members : it being a force and levying of war upon the house it self and members , which would null all their acts and votes , as the sitting members in their declaration & speaker in his letter , an. . ( upon the london unarm'd apprentices tumults at the house doors , though they kept out none ) yea some now sitting in their speeches in the last dissolved assembly at vvestminster , declared very lately : after which some of the officers said , pray talk no more with him : whereto he replies , he must talk a little more to them , in their own language : that the army-officers and counsel themselves had forcibly turned those now sitting out of doors , april . and thus branded them in their declarations and (a) other papers he had then about him : for their dilatory proceedings in the house , unlimited arbitrary proceedings at committees , their w●oly perver●ing the end of parliaments ; by becoming studious of parties , & private interests , neglecting the publick , so that no door of hope being opened for redress of their grievances , , nor any hope of easing the people in their burdens , it was found at length by these their exorbitances , that a standing parliament was in it self the greatest grievance ; which appeared yet the more exceeding grievous , in regard of a visible design carryed on by sowe among them , to have perpetuated the power in their own hands , it being utterly impossible in that corrupt estate . ( even in the judgement of moderate men ) that they who made gain the main of their business , should become instruments of our long desired establishment : therefore it became an act no less pious than necessary , for the army now to interpose upon the same equitable ground as heretofore in the like cases of extremity , ( no ordinary medium being left ) to provide for the main , in a way irregular and extraordinary , by their most necessary and timely dissolution . yet notwithstanding all these brands they have publickly layd upon them , ( which they and others never yet wiped of by any publick answer as the formerly secluded members had refuted those base aspersions and calumnies the army had falsely cast on them ) they had now invited those very members to return and fit again without secluding , any of them , and engaged to yield them their best protection , as the assertors of the good old cause , who had a special presence of god with them , and were signally blessed in the work : yea as the only instruments for setling and securing the peace and freedom of this common-wealth : therefore they had far greater reason to invite & call in him & the other first secluded members than thus forcibly to exclude and ascribe and give to them alone the supreame authority of the nation which they have engrossed to themselves without the peoples vote or election in whō alone they have formerly * voted it ; a presage of their subsequent free-state proceedings , when once setled in their government , and a strange contradiction ; wherefore they should much more invite him and others they formerly and now afresh have forcibly secluded , against whom they had not the least exceptions , to settle us again in peace and freedome , which they had done when they sate , had they not secluded them . after which one of the army officers told mr. prynne , he had deserted the good old cause : to which he replyed , that the true good cause for which they were first raised , was only to defend the kings person , kingdom , parliament , all its members , privileges , and secure them against all force and violence whatsoever , which cause they had not only deserted but betrayed , and fought against , contrary to all former engagements , to which cause he adhered , and defired entrance to maintain it . to which he answered . that indeed was once their good old cause ; but now it was not so , for since they had pursued another cause : mr. p. replyed , that then they were real back-sliders therein , and their cause neither old nor good , but bad , new and destructive to the former old one . in conclusion mr. p. pressed them to shew their order forbis seclusion , & tell him their names ; they answered they would not shew it , nor tell their names : he then told them , that certainly their good old cause was in their own iudgements , consciences very bad , since they durst not own it by name : they answered , that mr. annesly the last day when they refused to tell their names , as they do now , had inquired out some of them , from whom be might learn them . in conclusion when he could not prevayl , he told them , they declared themselves and those now siting arrant cowards , and their magnified good old cause to be very bad , since they were afraid of one single person without arms , when as they were a whole army of armed men , and bad above voyces to his one , yet were afraid to admit him in , for fear he alone should blow them all up with the breath of his mouth , and goodness of his cause . and so departing , he met mr. prydeaux in the lobby , and desired him to acquaint those within , that he was forcibly kept out of the house by the souldiers , who beset the passages to keep out what members they pleased ; then returning again into the hall , a secluded member he there met pressing him to know what passed in the lobby : he related the sum of what was done and said , which divers pressed about him to hear , and some common souldiers among others ; who when he had ended his relation , said , he was an honest gentleman , and had spoken nothing but truth and reason . after which meeting with colonel oky in the hall ( who came over to transport him from iersy into england , they had some discourse touching his forcible seclusion , and the great scandal and ill consequences of it ; which divers pressing to hear , mr. p. went out of the hall to avoid company , and meeting with the member who drew up the letter to the speaker , perused and signed the fair copy , and so departed to lincolns inne without any company . this being an exact narration of the truth , substance of what passed between mr. p. the army-officers , and those now fitting , on the th . and th . of this instant may , both in the lobby , house , and elsewhere , mr. prynne being since necessitated to publish it , to prevent and rectifie the various misreports thereof . he shall now relate , ( as a corollary thereunto ) the true and only reasons then inducing him ( after earnest prayer to god for direction and protection in this grand affair ) to press the admission of himself and other members into the house , to correct the manifold contradictory censures of what he then did and spoke . some have been staggared and amazed at it , as if he were now turned an apostate from his former principles , acting both against his judgement and conscience , to cry up , and make himself a member of that old parliament , which he publickly printed to be dissolved above ten years since , by the kings death ; others have censured it for a rash , foolish , and desperate attempt . a third sort condemn it as a seditious , tumultuous if not treasonable action , prejudicial to the publick peace and settlement , deserving severe exemplary punishments . a fourth classis doome it , as a scandalous act , dishonorable , destructive to our religion . a fifth sort cry it up , as a most necessary , heroick , national , zealous action , deserving everlasting honor , prayse , thanks from the whole english nation , and a necessary incumbent duty as a member of the old parliament , ( though legally dissolved ) being pretentionally now revived against law , truth , by those very army officers , who six years past ipso facto dissolved , and declared it to be dissolved ; yea have held many new mock-parliaments of their own modelling since , all proving abortive , by forcible ruptures as the long parliament did it is not in mr. prynnes power to reconcile or controll these contradictory censures ; neither was he ever yet so foolish or vain-glorious , as to be any wayes moved with the censures , opinions , or applauses of other men ; nor so ambitious , covetous , as to pursue any private interest of honor , profit , revenge , &c. under the notion of publick liberty , justice , reformation as many have done ; nor so sycophantical as to connive at others destructive exorbitances , guilded over with specious titles ; this being his constant rule , to keep a good conscience in all things both towards god and man , acts . . to discharge his publick trust , duty towards god and his native country , though with the probable hazard of his life , liberty , estate , friends , & what else may be precious to other men ; to trust * god alone with the success , reward of his endeavors , to let others censure him as they please ; to fear no mortal or power whatsoever in the discharge of his duty , who can but kill the body , mat. . . ( nor yet do that but by gods permission ) being utterly unable to touch the soul , but to fear him alone who can cast both soul and body into hell. the only ground , end , motive , inducing mr. prynne thus earnestly and timely to get into the house , was no wayes to countenance any unparliamentary conventicle or proceedings whatsoever , nor to own those then sitting to be the old true commons house of parliament , whereof he was formerly a member , as now constituted , much less to be the parliament it self then sitting ; but to discharge the trust to which he was once ●nvoluntarily called without his privity or solicitation , by an unanimous election , a little before the last treaty with the king , having refused many burgesships , freely tendred to him with importunity , both before his election at newport and since , being never ambitious of any publick preferments , which he might have easily obtained , had he but modestly demanded , or signified his willingness to accept them . after his election against his will and inclination , he came not into the house till the treaty was almost concluded , ( and that at the request of divers eminent members ) only with a sincere desire to do that cordial service for preservation of the king , kingdom , church , parliament , laws , liberties of england , and prevention of those manifold plots of forein popish adversaries , priests , jesuites , sectaries , seduced members , army-officers , and agitators , utterly to subvert them , which other members overmuch or totally neglected , coldly opposed , or were totally ignorant of : what good service he did in the house during that little space he continued in it , is fitter for others then himself to relate . how fully he then discovered to them the true original plotters , fomenters of that good old cause , now so much cryed up and revived , how strenuously he oppugned , how truly he predicted the dangerous conseqnences of it , since experimentally verified beyond contradiction , his printed speech decemb. . . can attest , and his memento , whiles he was a prisoner : for this speech & good service of his in discovering , oppugning the new gunpower-treason then plotted and ripened to perfection , to blow up the king , parliament , lords , laws , liberties , religion at once , violently prosecuted by the force , remonstrance , and disobedient practises of the rebellious army officers and souldiers , he was on the th . of december . forcibly seised on at the lobby-door as he was going to discharge his trust , and caried away thence by col. pride and others . how unhumanly , unchristianly mr. prynne ( seised with other members at the house door decemb. . ) was used by the army-officers , who lodged him ( & them ) in hell on the bare boards all that cold night , almost starved him ( and them ) with hunger and cold at whitehall the next day , imprisoned him many weeks in the strand , and after seised , kept him ( by a new free-state warrant ) a strict close prisoner in three remote castles nigh three years , for his speech in the house , against their most detestable treasons , and jesuitical proceedings against the king , parliament , privileges , and members of it , is (a) elsewhere at large related : this being all he gained by being a member , and for asserting that true good old cause against the new imposture now cryed up afresh , to turn our antient kingdom into a new republick , and our parliament of king , lords , and commons , into a (b) select , unparliamentary juncto , or forty or fifty members of the old dissipated house of commons , elected , impowred only by the army , not people , to act what they prescribe , to extirpate king , lords , monarchy , magistracy , ministry , laws , liberties , properties , and reduce them all under jesuitisme at first , and our forein enemies vassallage in conclusion . mr. prynne then being most clearly convinced thereof , by what he formerly published as a member in his speech and memento , and since in his epistle to a new discovery of free state tyranny , his ius patronatus , his historical and legal vindication of the fundamental laws , liberties , rights , properties of all english freemen , a new discovery of romish emissaries , his quakers unmasked , and in his republicans good old cause truly and fully anatomised ; wherin he infallibly demonstrates , their converting of our late english monarchy into a new common-wealth , or elective protectorship to be the antient projected moddles of father (c) parsons , and other jesuites , and tho. campanella the italian frier (d) specially recommended by them to the pursuite of the king of spain , who prosecuted it all he could to promote his universal monarchy , and so much rejoyced at it , that he was the first foreign king who presently sent an extraordinary ambassador to congratulate the accomplishment , applaud the constitution of , & enter into a league of friendship with it ; whose flattering panygerick in his great catholique kings name , in prayse thereof , and what an honour it was to them , that he was the first forein prince that owned them for a common wealth , made the commons house so intoxicated , that they gratified him in all his requests , and pursued all his designs , only to ruine us and the netherlands , layd down by campanella , de monarchia hispanica , c. , . by furnishing him with many thousands of irish forces , quarrelling with the hollanders , maintaining above three years bloody wars with them , with infinite losse and expence to both nations , taking the french kings fleet , provisions merely designed for the reliefe of dunkirk , whereby he presently regained it to our prejudice : and on the other hand (e) cardinall richlieu of france , the great incendiary of christendome , and fomenter of all our domestick wars in his life ; the french king and mazarine by his instructions in writing after his death , vigorously pursued this very design : his instructions to this purpose ( recorded by (f) conte de galeazzo gualdo priorato , an excellent italian historian ) are very memorable , who relates ; that cardinal richelieu anno . ( after he had involved the king , parliament , and ireland in a bloody civil war ) being near his death , delivered these politick instructions for the king his master to pursue for carrying on his designs in relation to england with successe ; that above all other things he should endeavour to keep the government of great britain divided and dis-united , by ayding the weaker party , that the other might not make it self too powerfull ; by causing the three kingdomes of england , scotland , and ireland to be divided , either by nominating other kings (g) ( elective of another family , accomplished by erecting an elective protector ) or by moulding them into a common-wealth ( as our republicans have formerly and now done again ) yet with this caution , that when they are reduced into a common-wealth , so to order the matter , that it may not be united into one , but divided how punctually cardinal mazarine prosecuted these instructions ever since , and accomplished them at last , the letters taken in the lord digbyes cabinet , * printed by the parliaments order , . and o. cromwels late intimate correspondency with mazarine , discover . and how much the iesuites and catholicks in france in november . approved , applauded the turning of our hereditary monarchy , which they ▪ irreconcilably hated , envyed , as well as the late king , i and turning the old parliament into a new republican representative , and that all their hopes to effect it were in the army , to whom they wished all prosperity therein : you may read in a letter sent from thence by the armies agent to a fitting republican member , soon after published by mr. prynne who got the original . * mr. prynne knowing all this , and clearly discovering a fresh combination between the sectaries , republican , anabaptistical , iesuitical , levelling party , to pursue their designs afresh , and accomplish what they formerly attempted in the short mock-parliament of their own election , creation anno . and what was then passionately recommended to them by k iohn canne , the anabaptist in his voyce from the temple ( dedicated to them ) as their generation work , which god and all his people then expected and required from them ; even to extirpate the church , & ministry of england , advowsons , glebes , tithes ; and demolish all parish churches as antichristian ; to extirpate the law root and branch under pretext of reforming and new-moulding it ; to sell all corporation and college lands , and set up a popular anarchy , or tyrannical oligarchy among us , under the disguise of the old dissolved parliament , sitting from . till april . . after six years violent ejection of them with highest scorn and reproach , yet now invited by them to sit again to effect these romish designs to our utter confusion , but secluding all those who were like to obstruct or defeat them . upon this consideration mr. prynne as a secluded member of the old parliamemt , wherein he detected oppugned all these treasonable designs heretofore , and since its dissolution by the kings beheading , held it his bounden duty to prevent , defeat them now , and nip them in the bud ; whereupon so soon as those now sitting entred the house , he assayed to go into it , with as many old secluded members as he could , there being of them in london : for although his judgement be , l that this parliament is quite dissolved by the kings beheading , as he oft declared in print : yet since the army officers and those now sitting with sundry others , pretend it still in being , and under that pretext alone have acted all their publick tragedies , and innovations , he conceived himself bound in conscience upon their concessions , to endeavour to prevent these mischiefs , and do all publick good he might , with better warrant and reason than most ministers , lawyers , justices , magistrates , members of late parliaments , ( as they style them ) have prayed for , complyed with , acted in , under those late governors , governments , & mock parliaments ( as he is confident some now sitting among them in this new convention believe it dissolved , and yet go in only to prevent and allay those mischiefs which others violently pursue ) which their own consciences , and our laws resolve them without scruple to be utterly illegal ; whereas this old parliament , whereof he was a member , was most legallie summoned and convened beyond dispute , and hath the colour of a legal act of parliament for its continuance , which those since have wanted : of which act the greatest part of those now sitting taking advantage , notwithstanding their new instruments , declarations , petitions , advises , addresses , and sessions in other new parliaments since ; and it being a great dispute now among most secluded members , whether that parliament was not yet alive though the king be dead ? the majority of their voyces over-ruling his private judgement , as in all other parliamentary votes and proceedings , gave a present sufficient call , warrant to him and others to enter the house to debate it , and act what and as they did ; which will satisfie all those who censure it as unwarrantable or contradictory to his judgement : especially when they shall hear what he really intended to propose to the sitting members when he got into the house , had they not gone out to prevent it . . he intended to inform them of those destructive jesuitical ends and designs , forementioned , which they were now purposely called in to accomplish , carrying along thomas campanella , richilieus instrnctions , with other books , papers of theirs , and some printed copies of the republicans and others good old cause truly and fully anatamised , now put out and published , to dis-engage them from its pursute at the first , before they were engaged therein by any votes or actions , if he could but gain audience or patience to hear them pressed on their consciences viva voce . but their unparliamentary adjourning on purpose to prevent it when he was in , and forcibly resecluding him by armed gards when once out , he held himself bound in conscience , to publish that to them and the the world in print , which he was not permitted libertie to speak , as he formerlie did ( when forcibly imprisoned and kept from the house by the armie as now , upon the like account ) in his brief mememto to the present unparliamentary iuncto , from his pison-chamber at the kings head ( which they soon after took of ) ian. . . ly . he intended to propose , that all armed gards of souldiers in or near the cities of london or westminster , might by publick proclamation be removed to a convenient distance thence , according to the l antient custome , presidents , and privileges of parliament , prohibiting not only all armed forces , but the very bearing of any arms or weapons in or near the place where the parliament did sit , under severest penalties , lest they should over-awe the members , or any way interrupt their proceedings : which the undutifull mutinous officers , souldiers , now in and near the city , ( though raysed purposely to protect the parliament and its members from all force whatsoever ) have frequently done , nay forcibly secluded , imprisoned , ejected the members themselves sundry times , yea turned the now sitting members out of doors , and now again on saturday last , and this very morning secluded him , and sundry members when they came to enter in . ly . that all the lords , all secured , secluded members of the old parliament , not sitting after decemb. . . now about the city , ( being double in number to those now sitting ) might presently be called and freely admitted into the house ; and all living members of the old commons house elected or sitting at or before that time , might by the speakers letter be desired in all their names , to meet together in the commons house forty daies after , ( the m ordinary time limited in most writs of summons , or resummons of parliament ) and nothing acted or voted in the inte●val as a house of commons , till they were all assembled , after their ten years seclusion , dissipation by the armies force and war upon them . this suddain , unexpected clandestine , stealing into the commons house , of about , or . members alone , without any general notice given thereof to all the other surviving absent members , or places which elected them ; sitting presently as an house of parliament , accompanied with a present forcible seclusion of all but their own confederates , being a most unparliamentary practice , conspiracy , surprise , unworthy saints , or persons of honour , destructive to the very being , privileges of parliament injurious to the whole nation , as well as absent and secluded members ; yea contrary to their own republican votes , principles ; n that the supream authority of the nation resides only in the generality of the people : that it cannot be transferred from them to any others , in or out of parliament , but by their free consents and elections : that their representatives in parliament ought to be equally distributed throughout the nation : no member to be secluded when duly elected ; and all things to be carryed only by majority of voyces . contrary to the principles of law , equity , common iustice , reason , which resolve , that o publick acts of parliament bind all men , because they all are parties and assenters to them by their election of knights , citizens , and burgesses impowred , intrusted by them , and present when they passed by their common assent ; which they cannot be , when the farre greater number are absent , secluded , and have no notice of their present sitting : contrary to common right , and that just maxime inserted into some antient p parliament writs of summons and elections to sheriffs , quod omnes tangit ab omnibus approbetur , that which concerns all ought to be approved by all . and not only so , but this their surreptitious fraudulent suddain sitting and acting by themselves as a parliament , if they proceeded would make them far more criminal and guilty of highest treason , than king richard the d of old , impeached and , dethroned in the parliament of h. . amongst other articles for this q that the said king in his last parliament at salop , purposing to oppress his people , subtlely procured and caused to be granted , that the power of the parliament by the consent of all the states of his realm , should remain with certain persons , to determine , after the parliament dissolved , certain petitions delivered in the same parliament , at that time not dispatched . by colour of which concession the persons so deputed proceeded to other things , generally touching that parliament , and that by the kings will , in derogationem status parliamenti , & in magnum incommodum totius regni , & pernitiosum exemplum : in derogation of the state of the parliament , and to the great disprofit , ( prejudice ) of the whole realm , and pernitious example : and that they might seem to have some kind of colour & authority for this kind of their proceedings ; the king caused the rolls of the parliament according to his vote , to be changed and deleted , contrary to the effect of the foresaid concession : which is likewise mentioned in the printed act of h. . c. . and thus amplyfied ; that a certain power was committed by authority of parliament to certain persons , to proceed upon certain articles comprised in the rolls of the parliament thereof made , and by authority aforesaid divers statutes , iudgements , ordinances , and stablishments were made , ordained , and given erroneously and dolefully , in great disherison and final destruction , and undoing of many honourable lords and liege-people of the realm and their heirs for ever : wherupon that whole pariament of r. . with all the circumstances and dependents thereupon , were wholy reversed , revoked , voyded , undone , repealed , and annulled for ever . if this then were so high a crime and breach of royal trust in king r. . even by consent and authority of the whole parliament and three estates , subtilly to procure the power of the whole parliment to remain in the hands of certain persons which themselves approved of ; who exceeded their commission and acted generally as a parliment : and if this was a grand derogation of the state of the parliament , a great damage to the whole realm , and pernitious example for posterity ; for which in the very next parliament they impeached , deposed him , and nulled all these proceedings for ever . then questionless their former sitting , acting in the commons house from december . till apr. . . and now again , without , yea against the consents , votes of the parliament , estates , & secluded members , their repealing , altering , the very acts ordinances of the lords and commons concerning the treaty with the king , and sundry others ; their nulling the act for trienial parliments , the continuance sitting of the lords in this parlament , their declaring themselves alone to be the parliament of england , beheading the king himself , their dis-inheriting the whole house of lords and their heirs for ever of their parliamentary session ▪ judicature , privileges , as much as in them lyeth ; and thousands more of their real and personal estates ; their forcible secluding , securing the greatest part of their felow-members , then , and now again by the armies power , and sitting under their force ( which by their own declaration of august , and the armies in pursuit thereof august . the speakers letter , iuly . . yea sir arthur haslerigges own speech , and others of them , the very two last dayes they sate in the last convention , nulls all they voted or ordered ) must needs be a more execrable transcendent crime by thousands of degreees , a greater derogation to the state of the parliament and its privileges , of more fatal consequence to the whole kingdom , and of far more pernicious example , than this act of his , eternally to be exploded , declared null , void to all intents in it self , and demeriting the highest censures , that the justice of parliament can inflict , being a more superlative treason and high misdemeanour than this kings , or canterburies , impeached by the whole house of commons , and many of them thus acting , sitting , that to preserve himself from being questioned for his trayterous courses , he hath laboured to subvert the rights of parliaments , and the antient course of parliamentary proceedings : this being the last article of his impeachment , for which amongst others he lost his head , which presidents mr. prynne would have pressed them viva voce seriously to consider , at which they must needs stand mute and astonished not having one syllable to reply . ly . he would have propounded , that when all the members met together , they should in the first place debate this point , whether the old parliament were not actually dissolved in point of law , by their beheading the king , notwithstanding the statute of caroli c. ▪ which though themselves by their former and present sitting by pretext thereof , the army-officers heretofore and now again deny , and many secluded members hold still to be in being , yet for his own opinion he held , and had * published it to be dissolved notwithstanding this act , and to be casus omissus out of it , which he was ready to maintain against all opponents , by these reasons , . because it hath been frequently resolved by parliaments themselves , the reverend judges , and our law-books , as h rot . parl. n. , , , h. . rot. parl. n. . e. . f. . cooks . instit. p. . by king charles own declaration , iunii , caroli , and his judges and counsel then , that the deposition , and death of the king doth actually dissolve the parliament , and that the new king cannot hold and continue the old parliament sitting , or prorogued at his ancestors death , the parliament of r . being dissolved by his resignation of his crown , and the parliaments of h. . & * . iacobi , by the deaths of these two kings , and by like reason the last parliament of caroli by his violent death . ly . because the parliament is no standing court , sitting at certain seasons by positive laws , but summoned , constituted s by the kings writs of summons , and royal prerogative , when and where he pleaseth ; and adjourned , prorogued , dissolved by his writ alone in point of law and practise in all ages at his pleasure ; sitting sometimes longer , sometimes shorter , and sometimes prorogued to another day , place , or countermanded after summons , upon just occasions , as the parliament , & clause rolls , the act of caroli c. . and other statutes resolve . now all writs of summons being actually abated by the kings death which made them , as well as all commissions , patents of all judges , justices , sheriffs whatsoever , and other writs , informations in the kings name and behalf , as the statute of t e. . c. . cooks report f. , . crookes part. p , . . . . . and other lawbooks collected by asb , discontinuance de pr●ces . and reattachment . determine . the writs of summons , and likewise of parliament must needs abate likewise : and the lords being made judges , and the commons * members of that particular parliament only by the kings writ : his death must determine their parliamentary judicature or authority , sitting , during the kings pleasure , as well as the judges , justices , sheriffs patents , and all other commissions whatsoever . ly . because every parliament heretofore , & in the reign of k. charls , by the very recitals of the writs , is called : . in the name and by the authori●y only of the king regnant ( in his natural capacity , accompanied with his politick ) by his christian name , carolus dei gratia rex , &c. expressed in it , not generally by the office king , but carolus rex . ly . it recites it to be called v de a●isamento consilii nostri : ly . it stiles it quoddam parliamentum nostrum ly . that the occasion of calling it , was about certain arduous businesses nos et defensionem regni nostri , ( & iura coronae nostrae , &c. in many antient writs ) contingentibus : ly . that his intention in calling it , is quia cum praelatis , magnatibus et proceribus dicti regni nostri , or nostris , colloquium habere volumus et tractatum . ly . it summons them thus ; vobis mandamus , &c. quod personaliter intersitis nobiscum , or ad nos , such a day and place , nobiscom et cum caeteris praelatis , magnatibus , et proceribus praedictis tractaturi , vestrumque consilium impensuri , super negotiis antedictis . ly . the knights , citizens , burgesses and barons of ports in the commons house are summoned to doe and consent to those things which shall happen by gods favour to be then ordained de communi consilio supe● negotiis antedictis ( in sundry writs stiled by the king , negotia nostra , negotiorum nostrorum , &c ) which clause is thus explained in claus e. . d. . cl . ● . . d. cl . e. . d. . cl . e . d. . cl . e. , d. . cl . e. . d. . ad consentiendum biis quae per nos , ac dictos magnates et proceres or●inati contigerit favente domino . from all which particular clauses in the very writs of summons , it is undeniable , that the parliament of caroli , was ipso facto dissolved by the kings death : . because this parliament was summoned particularly by king charles in his natural as well as politick capacity , not in his politick alone , nor yet by or for him , his heirs & successors ; who ceased to be both charles and a king of this realm by his death ly . the counsel by whose advice it was summoned , was his , not his heirs and successors counsel . ly . the parliament convened , his parliament alone , not his heirs or successors , both of them ceasing to be his counsel or parliament by his decease . ly . the subject matter for which it was summoned . divers urgent and arduous businesses concerning us , not our heirs or successors , and the defence of our ( not their ) realm of england : who was no more us , and the kingdom no more his kingdom , so soon as he lost his life . ly . the end of summoning this parliament , was only this , for the king himself to have a conference and treaty with the prelates and nobles , and for them to be personally present with us , not our heirs or successors , to give us their counsel , &c. not our heirs and successors : all frustrate , made impossible , and absolutely ceasing by his death : because when once dead , they can neither parlie , conferr , nor treat with the king himself , nor the king with them , nor be personally present with him for that purpose : unlesse they will averr , that a meer dead headlesse king can really confer , treat , parly , consult , advise with his living prelats , lords , parliament , and they with him , & be parliamentally present with each other in the lords house neither of which they dare admit into it , for fear the king if living , and lords too , should afright them out of it , as the kings ghost , yea the memorial of it though dead , might justly do . ly . the mandatory part being in the kings name alone , to summon them to treat with and give their counsel unto us concerning the foresaid businesses relating to us and the defence of our realm , our businesses aforesaid , not our heirs and successors . he and his businesses all ending when he expires , the parliament must of necessity determine . ly . the parliament ceasing to be the common counsel of the king and his kingdom , and nothing possible to be ordained by us , ( the king , not his heirs and successors ) prelates , nobles in parliament , without his concurrent vote , or when he is dead ; unless a dead king can give counsel , make ordinances , give his royal assent to bills when deceased . it must inevitably follow , that all the authority , causes , grounds , ends for which the members of this parliament were all summoned to treat , consult , and give their advice to the king himself determining , and becoming impossible to be performed by his death ; the parliament must of necessity expire and be dissolved , even as the natural body ceaseth to be and remain a living man when the head is quite cut off : if then those now sitting ( who cut off the kings head , the head of the parliament , and thereby destroyed that temporary body politick ) will have their conventicle revived by this act , they must set on his head again , raise him alive out of his grave , and bring him back into the house , to impeach , condemn , decapitate them in this true high court of justice for this their beheading him in their court of highest injustice . which mr. prynne presumes they dare not doe , least his revived ghost should scare them thence , or justly retaliate their transcendent treachery . ly . if any man by his will , deed , the king by his commissions , the parliament by a special act or order , shall a authorize , impower any . persons joyntly to sell lands , give livery and seisin , execute any commission , as iudges , iustices , commissioners , auditors , or committees of parliament , if any one of them die ; both the survivors joyntly or severally can doe nothing , because their authority , trust was joynt , not several , and joyntly , nor seperately to be exercised . if there be not commoners in the house , they cannot sit or acts as an house , nor dispatch the least affair ; no more can any committee of either house , unless their number be sufficient to make up a committee , as the orders and custom of parliament appoint : therfore , the parliament of england being a * corporation , compacted joyntly of the king , lords , and commons house , and three estates , the death of the king necessarily dissolves the parliament , notwithstanding this act , which did not alter the parliaments old constitution , but establish it . the b kings personal absence from his parliament heretofore and of late , was reputed very prejudicial to it , and his calling away some lords , great offi●ers , and other members from it , a high way to its present dissolution , in his life : therefore it must much more be dissolved by his death ; and the lords and commons forcible seclusion both before and since it , by the army and sitting members ; they having c vocem & locum in quolibet parliamento angliae , as our law-books , statutes and their patents resolve . ly . the principal end of calling parliaments is to enact new and necessary laws , and alter , repeal such as are ill or inconvenient ; as the prologues of our printed statutes , our writs of summons , law-books , attest , and all accord . but no new act of parliament can be made , nor no former acts altered , repealed , but by the kings royal assent ; who hath a negative voice to deny , as well as affirmative to assent to them , as well as the lords and commons , as all our parliaments , iudges , d law-books , parliament records , treatises of parliaments , the printed statutes in each kings reign , more particularly , the statutes of h. . c. . jac. c. . in the close resolve ; yea , e both houses acknowledged it in all contests with the late king , our kings coronation oaths , and all our antient saxon kings lawes attest it . therefore his death must needs dissolve the parliament , notwithstanding this act , because it could make no act for its dissolution , nor declare , alter , repeal any other law , without his royal assent . there are but . objections made by any sitting or secluded members against these reasons , that his death should not dissolve the parliament . the . is this , which the republicans themselves formerly and now insist on , that the king doth never die in judgement of law , and that there is no interregnum , because the crown immediately descends to his right heir who by law is forthwith king de jure and de facto , before his actual proclamation or coronation ; as the statute of iacobi ch . . cooks rep. f. , . calvins case , and other books resolve . to which mr. prynne answers . that this argument is but an axe to chop off their own heads , and supremacy , as they did the kings ; and the objectors now sitting must either renounce their sitting , acting , knacks , declaration against the late king , kingship , and the house of lords , or quite disclaim the objection : for if the king never dies : then by their own confession and our lawes , we are still a kingdom , not a republike ; yea charles steward , as heir to his beheaded father , was and is still de iure & de facto the lawfull king of england , and supreme lord and governour of our church , kingdom , there being no interregnum , ever since his fathers death ; and then what becomes of all their absurd , illegal knacks against his regality , and kingship it self , ( of which they are forced now to pray in ayd to make themselvs a parliamen . ) of their mock-parliament , without king and house of lords ; of their perfidious treacherous engagements against both , and supreme authority of the nation which they have tyrannically usurped ? ly . though the king in genere , or rather kingship it self , never dies , yet the x king in individuo may , and doth oft times die : and if the successive deaths of all our kings since we were a kingdom be not a sufficient proof thereof ; the very objectors and iohn bradshawes y beheading the late king , and putting him to such a shamefull publike death , as no pagan nor christian lawfull king of england ever formerly suffered by perfidious , perjurious , treacherous subjects since it was an island , ( against our laws and votes of parliament , in the highest court of injustice created by them for that end ) is a sufficient evidence , that the king of england dieth as well as other men , ( as they all must likewise doe in gods due time ) unless they will make the world believe to expiate their treason , that they did not kill the king in cutting off his head , but that he is still alive , because some others ( as is reported ) did reunite and sow it to his bodie , when severed from it by them . but of this enough , since m. p. presumes they will henceforth rather renounce their parliaments being , than bottom its present existence upon this * bloudy foundation , and their exploded kingship . the d . objection is from the words of the statute of caroli , c. . which declareth , enacteth , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament : in the negative : ergo , it shall not be dissolved by the kings death , being no act of parliament , nor any act of parliament yet made for its dissolution . whereunto mr. prynne answers : . that the sole end , scope of this act was not to provide against the dissolution of the parliament by the kings natural , or violent untimely death , not then thought of , ( he being in perfect health , likely to live many years by the course of nature , and to survive all the ends for which this act was made , ) but to raise credit for the parliament to provide monies by this act , to prevent the untimely dissolution , proroguing , adjourning of this parliament by the kings own regal power : he having prorogued , dissolved all former parliaments during his reign in discontent , by his regal power ( not death ) against the lords and commons wills . ly . this is intituled , an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament , and the prologue , body of the act , provide joyntly and severally against all three , to wit , the untimely proroguing , or adjourning , as well as dissolving of this parliament . but no parliament ever was , is , or possibly can be untimely prorogued , or adjourned , by the kings death , but only by his actual regal will and power : therfore the dissolving of it , intended by this act , must be only an untimely dissolution by his actual will , commission , writ , and regal power , alone , by which his former parliaments were prorogued , dissolved against the lords and commons assents , not by his death , whether natural or violent , being against his will , and no part of his regal supremacy , but only of his human frailty ly the inconveniences the commons feared would ensue by the untimely dissolution of this parliament , and endeavoured to prevent by this act , are thus expressed in the prologue . where as great sums of mony must of necessity be suddainly advanced and provided for relief of his majesties army , & people of the nothern parts of this realm , and to prevent the imminent danger this kingdome is in , and for supplying of other his majesties present and urgent occasions , which cannot be so timely effected as is requisite , without credit for raysing the said mony : which credit cannot be obtained , untiil such obstacles he first removed as are occasioned by fears , iealousies , apprehensions , of divers of his majesties subjects , that this present parliament may be adjourned , prorogued , or dissolved , ( . ) before iustice shall be executed upon delinquents , ( ly . ) publike grievances redressed , ( ly . ) a firm peace between the two nations of england and scotland concluded , ( ly . ) and before sufficient provision be made for the repayment of the said monies , so to be raysed : all which the commons in this present parliament assembled , having duly considered , do therefore humbly beseech your most excellent majesty , that it may be declared and enacted . and be it therefore declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by authority of the same , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose , &c. by which it is undenyable , . that the commons when they petitioned for , the king when he declared , enacted , & the lords and commons when they assented to this act , did never think of or intend to provide against a dissolution of this parliament , by the kings untimely death , nor of a future dissolving it by an act of parliament by his successors or others after his decease ; but on the contrary , presupposed the continuance of his life , and of this parliament thereby , till all the inconveniences they recite were prevented , and a new act passed by him and them jointly to dissolve this parliament when these inconveniences were prevented and things effected : which is irrefragable , . because they declare in terminis , the speedy advancing and providing of monies , for the relief of his majesties armies , and people of the northern parts ( not their subsequent armies ) and the supply of his maiesties present and urgent occasions , ( not their own ) and the fears , jealousies , and apprehensions of divers his maiesties loyal subiects , &c. o be the only ground of their humbly beseeching his maiesty for this act. all which presuppose his life , being , preservation , and the commons great care of complying with him as their soveraign lord , without the least thought of his untimely death since happening , or secluding the king or his poûeritie , out of this and all future parliaments by colour of this act , as those now fitting have done point-blanck against it . ly the fears , jealousies , and apprehensions they had occasioning this act , were only these , that this parliament might be adjourned , prorogued , dissolved , . before justice shall be duly executed upon delinquents , ( then in being and complained of , as strafford , canterb●ry , the ship-mony iudges and others , not new delinquents since , not then dreamed of . ( ly . ) before publick grievances redressed ( those then complained of , not others arising afterwards . ) ly . before a firm peace between the two nations of england and scotland concluded , ( by reason of the former not subsequent breaches between them and the king ) ly . before sufficient provision to be made for the repayment of the said monies to be raised , ( not for the parliaments subsequent armyes and occasions ) but for his maiesties army and people in the north , the preventing the then imminent danger of this kingdom ( not of our new common-wealth , or dangers since arising ) and for supply of other his maiesties present ( not future ) and urgent occasions . but none of these four particulars could be accomplished by the lords or commons alone after his majesties death , but by the king alone , or by his concurrence with them whiles living : yea they were all actually accomplished in his life time , long before his death . the first , by the executions of strafford and canterbury ; the impeachments , censures of the shipmony-judges , and other delinquents both in scotland & ireland , the d . by the * acts abolishing shipmony , & the taking of tonnage , poundage , and other taxes without act of parliament : the acts for the preventing of inconveniences , happening by the long intermissions of parliament : for regulating of the privy-counsel , taking away the court of star-chamber , and high-commission , against divers incroachments and oppressions in the stannary court : for the certainty of forests and their meets and bounds : for the better ordering and regulating the office of the clerk of the market ; for reformation of false weights and measures , for preventtng vexatious proceedings touching the order of knightship , for the abbreviation of michaelmas term , and for the free importation of gunpowder , and salt-peter from forein parts , and making of them in england . by all these good acts passed freely by the king soon after or before this act , he fully redressed all grievances then complained of , or intended within this law. the d. by the act of confirmation of the treaty of pacification between the two kingdomes of england and scotland . the th . by the several acts passed for the relief of his majesties army , and the northern parts of this kingdom ; for the better raising and levying of mariners and others for the present guarding of the sea and necessary defence of the realm ( not republike ; ) for the subsidies of tonnage and poundage granted to the king , for the speedy provision of money for disbanding the armies , and setling the peace of the two kingdoms of england and scotland ; for securing such monies as are due to the inhabitants of the northern counties , where his majesties army have been billetted . and for securing by publike faith the remainder of the friendly assistance and relief promised to our brethren of scotland ; all passed and published by the king himself , anno & caroli . & . at least . years before his beheading : it is most certain , that all these ends of making this law , ( as the prologue thereof , and the word therefore in the commons prayer , infallibly declare ) were fully accomplished by the king in his life , so long before his untimely death : therfore none of thē now remaining to be performed ; & all acted ●ince their accomplishment by those now sitting , being diametrically contrary to this act , these ends , and occasions of it ; this parliament must of necessity be beheaded , expired with the king ; and cannot survive his death . ly . the words , that this present parliament assembled shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose , nor shall at any time or times during the continuance thereof , ( twice recited in the subsequent clauses ) be prorogued , or adjourned , unlesse it be by act of parliament to be passed for that purpose ; can be intended of no other but that present parliament , which passed this act : which consisted of the kings maiesty our soveraign lord ( by whom this and all other acts passed or to be passed , was declared and enacted ; and this intended act likewise ) not of his heir or successor after his death ; and of the lords and commons house then in being ; not any new house of lords or commons succeeding after their deaths then sitting : therefore when the king was cut off by an untimely death , and thereby an impossibility accruing to dissolve it by an act of parliament within the words or intent of this act ; it must of necessity be dissolved by his beheading : impossibilities making acts of parliament to perform them meerly void , as our lawe makes n impossible conditions ; ly . this act and those who made it , must have and had a retrospect to the writs whereby it and they were summoned , and the ends , things therein expressed : but they all determined , and became impossible after the kings beheading ; therefore the parliament must be destroyed with him : o since cessante causa , cessat effectus , & cessante primativo , cessat derivativum , as all our lawyers , law-books ; and natural reason resolve . ly . the last clause of this act , tha● every thing and things whatsoever done or to be done , ( to wit , by the king or any other ) for the adjournment , proroguing , or dissolving of this present parliament , contrary to this act ; shall be utterly void and of none effect , do clearly explain the meaning of this act to be this , that it extends only to things done or to be done by the kings will and power , as to his commissions proclamations , writs , warrants , precepts , to adjourn , prorogue , or dissolve this parliament , ( as he had done others heretofore ) here declared to be utterly null and void ; not to his death wherein he was only passive , being forcible against his will and the parliaments too : which death no parliament can make null and void , in respect of the act it self ; so as to restore him to life , though the whole parliament , and our three kingdomes may and ought to null it , in respect of the illegal manner of his execution , not to be paralel'd in any age. ly . the commons themselves in their d remonstrance of the state of the kingdom decemb. . declared , that the abrupt dissolution of this parliament is prevented by another , ( this ) bill ; by which it is provided , it shall not be dissolved , adjourned , without the consent of both houses : yea the lords & commons in their e declaration of may . . declare , that excellent bill for the continuance of this parliament was so necessary , that without it we could not have raised so great sums of monies for his majesties service , and common wealth as we have done ; and without which the ruine and destruction of the kingdome must needs have followed ( as since of the kingdom , and parliaments too by pretext thereof . ) and we are resolved the gracious favour of his majesty expressed in that bill , and the advantage and security which thereby we have from being dissolved ( by him ; ) shall not encourage us to do any thing which otherwise had not been fit to have done , which whether these formerly & now sitting have performed , let their own consciences resolve . after which the lords and commons in their humble petition to his majesty , f iun. . . desire , that your majesty having passed an act , that this parliament shall not be dissolved but by act of parliament , your majestie would not do any thing tending thereunto , by commanding away the lords and great officers whose attendance is necessary thereunto . ( therefore the sitting members abolishing the whole house of lords , and their secluding most of the commons members by this petitions concession must dissolve it . both lords and commons in their declaration g th . maii , . adde . we hope the people will never be carryed away with a noyse of words against the parliament , to make any such equitable construction of the act for the continuance of this parliament ; as may tend to the dissolution thereof , ( by the declaration of the king , which they answer in this ) and their own destruction therein . by all which passages it is apparent , that this act provided against every thing or things , done or to be done by the kings will or prerogative , without the houses consent for the dissolution of this parl. not against its dissolution by his death . ly . the king ( and his party too , ) did thus interpret it more than once in these passages : h in his majesties own answer to the declaration of the lords and commons of may , . we expressed a great trust in our houses of parliament , when we devested our self of the power of dissolving this parliament , which was a iust , necessary , and proper prerogative : to wit , when done by vertue of his prerogative , which this act devests him of , not by a natural much less a violent death , no part at all of this prerogative , but highest act against it , to its and his dissolution . i in his answer to the petition and propositions of both houses , . june . we were willingly contented to oblige our self for the present exigent to raise monies , and avoid the pressure ( no less grievous to us than them ) the people must have suffered by a long continuance of so vast a charge as two great armies , and for the greater certainty of having sufficient time to remedy the inconveniences , when during so long an absence of parliaments , as for the punishment of the causers and ministers of them , we yielded up our right of dissolving our parliament , expecting an extraordinary moderation from it in gratitude , for so unexpected a grace , and little looking that any malignant party should have been encouraged or enabled to have perswaded them . first to countenance the injustices and indignities we have endured , and that by a new way of satisfaction for what was taken from us , to demand of us at once to confirm what was so taken , and to give up almost all ( and now more than all ) the rest . and in his answer to their ( k petition of iune . for that part of the petition which seemed to accuse his majesty of a purpose to dissolve this parliament ( contrary to the act for the continuance ) by commanding away the lords and great officers whose attendance is necessary ; which his majesty knows to be a new calumny , by which the grand contrivers of ruine for the state hope to seduce the minds of the people from their affection to , and jealousies of his majesty , as if he meant this way to bring his parliament , ( which may be the case of all parliaments ) to nothing . it is not possible for his majesty more to express himself thereunto , and his resolution for the freedom , liberties , and frequency of parliaments than he hath done . and who now considers how visible it must be to his majesty ● that it is impossible for him to subsist , without the affections of his people , and that these affections cannot possibly be preserved or made use of , but by parliaments , cannot give the least credit , or have the least suspition , that his majesty would choose any other way to the happiness he desires to himself and his posterity , bnt by parliament . from all which premises it is apparent , that the king himself and both houses of parliament did never intend by this act to prevent the dissolution of this parliament by the kings natural death , ( the act of god they could not prevent ) nor yet by his violent beheading ( which then they neither intended nor foresaw ) but by his own voluntarie act and royal prerogative , by which he formerly adjourned , prorogued , dissolved parliaments at it his pleasure . ly . it is resolved in our law-books , that if an act of parliament refer to or confirm a thing which is not , or a thing which is utterly against common law , reason , justice , as for a man to be a judge or witnesse in his own case ) or a thing that is mis-recited , or repugnant , or impossible to be performed , there the common-law shall controll and adjudge such an act to be meerly void , plowdon f. , , . cook reports , f. . a. b. ash. parliament , . hobards reports p. . , . but it is repugnant to reason , justice , nature , the intention of the writs of summons , yea a thing impossible , that the king should treat and confer with his parliament after his death , or the parliament not determine by it . therefore were it particularlie provided for by this act , it had been void in law , ( as if this act of parliament had declared , that a mariage between man and wife shall not be dissolved by the death of either of them , but continue indissolvable by death , against nature , experience , scripture , rom . , , . ) much more then when not expressed nor intended by this act , as the premises evidence . xly. admit the parliament still continuing by this act , yet those now sitting neither are nor can be so much as an house of commons , much less the parliament within that act , for these unanswerable reasons , . the house of commons within this act , were a full and compleat house , consisting of above members ; those now sitting in may , & . but . viz. mr. will lenthal , quondam speaker , * henry martin , lord monson , mr. chaloner , mr. heningham , alderman atkins , alderman penington , th. scot , corn. holland , sir arthur hasletigge , sir henry vane , sir iames harrington , mr. whitlock , mr. prydeaux , mr. lisle , col. ludlow , mich. oldsworth , iohn iones , wil. purefoye , col. white , henry nevil , mr. say , mr. meston , mr. brewster , col. bennet , serjeant wilde , mr. goodwin , mr. lechmore , col. ingoldesby , mr. blagrave , mr. gold , col. sydenham , col. byngham , col. ayre , mr. smith , augustine skinner , mr. down , mr. dove , iohn lenthal , rich. salaway , iohn corbet , col. walton ; there being . members more of the old parliament yet living , besides those who are dead . ly . those then sitting went in openlie like a house , upon daies general summons by writs , setting without gards , secluding none of their fellow . members by force . those now sitting stole sodenlie into the house , in a surreptitious manner , without any notice given to the people of the nation , or to those for whom they formerly served , or to the absent members , or those then in london , or westminster-hall , who were not of their combination : setting gards of army-officers at the door , ( who conducted them thither , ) and presently secluded mr. prynne , and the other members who upon the first notice of their sitting came to know upon what account they sate : taking forcible possession with souldiers , and strong hand of the commons house , and keeping themselves in possession thereof by force against the secluded members & majority of the house , contrary to the statutes of r. . c. . r. . c. . h. . c. . eliz c. . against forcible entries and deteiners ; the statute of e. . the libertie , privilege , rights , and usage of parliaments : a practice utterlie unseeming such transcendent saints , patriots of publick liberty , as they boast themselves , & that honor , justice , honestie , synceritie , gravity , wisedom , which becomes all members of a parliament , and reformers of all publick grievances , frauds , and indirect practises in others . ly . that old house of commons had a special care of providing for the kings armie , his urgent and present occasions : professed themselves his loyal subjects , and him to be their king and soveraign lord ; humblie besought his most excellent majesty , that it might be declared and enacted by him , that this parliament might not be dissolved , prorogued , or adjourned ; but by act of parliament ; acknowledging they could make no such act without his majesties royal assent , and that both the king and lords house were essential members of the parliament within this act. but those fitting since . till . and now again thus entring the house , by pretext of this act , have renounced , abjured , and professedlie engaged against all this , to which they are direct antipodes ; therefore no commons house within this act. ly . the commons house within this act , was that house which was then in being when this act passed , dulie elected by the people by the kings writs , not the armie-officers , and pursued the self-same ends recited in the preamble , for which this act was made and assented to by the king and lords . but this new house was created , constituted , not by the kings writs , or peoples election , but the armies swords , and conspiracie , years after this act first passed ; then disowned , and turned out of doors above years by the army ; and now re-inducted into it by their armed votes and force to serve their ends , not to pursue those mentioned in the act , accomplished many years since , and now becoming impossible . therefore they are not so much as an house of commons within this act , and the armie-officers and souldiers who formerly thrust them out , & now recall them ; may do well to consider that gospel-text , gal. . . if i build again the thing i destroyed , i make my self a transgressor , even against this very law , as well as the law of god , and other laws of the land. xi . if they are not so much as a commons house of parliament , much less then are they the lawfull parliament of england , in anie sense within the letter or meaning of this act , no more than so manie of the old gunpowder popish-traitors , ( had their treason taken so good effect in blowing up king iames , the lords whole house , and majoritie of the commons house there assembled , as their late new powder-plot hath done ) had been the onlie lawfull parliament of iac. they destroyed , in case they had entred then into the commons house with the mace before them , and created , stiled themselves alone the parliament of england , as a right devolved unto them by conquest or succession ; which had they presumed to do , no doubt the whole english nation * would have risen up against them as one man , and never have so far dishonored themselves , their religion , or countrie , as to own and submit to those jesuitical romish-traitors , only for destroying of their lawfull king , lords house , and english parliament it self , as the onlie true old english parliament then re-assembled . the reasons are unanswerable . . because the whole house of commons then sitting in its primitive splendor , fullnesse , freedome , was by its own quadruple acknowledgement in it , no more but the commons house , and one member of this parliament , not the parliament it self ; never owning , but professedlie disclaiming it self to be the parliament , or present parliament within this act. ly . because this act was made not by the commons alone without the king or lords concurrence , but by the king as their soveraign lord , declaring and enacting , and the lords and commons , as jointlie assenting thereunto . ly . because it is most absurd to conceive , that the king and lords by passing this act , to continue this parliament as then constituted , till dissolved by act of parliament , did * ever intend to seclude themselves quite out of it , or to make the commons house alone an absolute independent parliament , without both or either of them ; though five times speciallie providing by name for their parliamentarie interests ; or that they or the commons intended to make each of themselves a distinct parliament without the other , and so to erect three new parliaments at once , by providing against the untimelie proroguing , adjourning , or dissolving of one ; the king and lord● both jointlie and severallie having the self-same arguments from this act to prove each of them a several or joint parliament without the commons , by the commons own intention in passing this law , as the commons have to justifie themselves to be a parliament , now they have secluded and engaged against them both , and will admit of neither as members of their parliament , when as this verie act preciselie prohibits the king to dissolve , prorogue , or adjourn the parliament , or either house therof ; or the lords to prorogue or adjourn , much less dissolve the commons house , or the commons to prorogue or adjourn , much lesse dissolve the lords house , declaring and enacting , that at any time or times during the continuance of this parliament , the lords house shall not be adjourned ( nor yet the commons house ) but onlie by their own respective orders , and by themselves alone , declaring , enacting everie thing and things whatsoever done , or to be done to the contrarie , to be utterly void and of none effect , ly . because this act both in the title , prologue and body , prevents onlie the untimely proroguing , adjourning , and dissolving of this present parliament at any time or times during the continuance of it , but by act of parliament or themselves , stiling it . several times , this present parliament , and giving it no other title , yea it preciselie describes it to be , a parliament onlie of king , lords , and commons , as it was when this act was made , and so to continue till its dissolution . but the parliament now sitting , was not this present parliament , being not then known , heard of , nor imagined ever to start up in after-ages , by any who made or consented to this law , it being created onlie by the armie years after this act , and now revived full years after it , without anie king or house of lords , and protesting , engaging against them both as no members of it . neither can they pursue any one of those ends for which this parliament was continued . therefore they are doubtlesse beyond dispute , no parliament at all within the words or intention thereof , their own consciences , reason being judges , ( whatever they pretend ) nor yet by their own republican principles , a free and equal representative of the people . ly . by the a law and custom of all nations , nature , reason , justice , equitie , the laws of england , and of all publick or private ecclesiastical , civil , or militarie councils or corporations , the majority of persons , members , voyces , votes , are alwayes reputed the parliament , council , synod , corporation , and do , yea ought of right to bind the lesser part , as well in making laws , ordinances , as elections , and all else that concerns the publick . yea the general and general counsel of the army-officers in their petition to those and others now sitting in parliament , and draught of an agreement of the people for a secure and present peace , framed , prepared , and presented to them , to be established and subscribed by the people , ianuary . . not onlie subscribed thereto : but proposed , b that members at least be alwayes present in each sitting of the representative , at the passing of any law , or doing of any act whereby the people are to be bound , saving that the number of sixty may make the house for debates or resolutions that are preparatory thereunto . therefore the members secretlie skipping into the house , secluding the rest , may , & . being not the th part of the members of the old parl. now surviving , by all nations laws , consents , can be no parliament , nor house of commons within this act ; nor pass anie thing to bind the majoritie of the members or people in anie kind whatsoever ; what ever anie imprudent , illiterate , shameless , namelesse scriblers , or themselves ( against their own reasons , * consciences , iudgements , principles , resolutions ) pretend to the contrarie : but dare not once affirm in good earnest . it being a received maxime in all ages c populi minor pars populum non obligit . ly . it is a rule our d lawbooks , that all statutes ought to be interpreted according to reason , and the true mind , meaning , intention of those that made them : but it is most certain , that it is against all reason , and the true intents , minds , meaning of the makers of this law , to make a parliament without a king , or house of lords , or majoritie of the commons house : or that all or anie of them , when they made this act , did ever dream of such a iuncto as this now sitting ; or to seclude themselves , and resign up their own interests , freedoms , privileges , right of sitting in parliament with them , to constitute them the onlie parliament of england , as everie line , syllable throughout the act demonstrates . therefore they neither are nor can be a parliament within it , neither can the bedlam , turkish , bruitish , unreasonable argument of the longest sword , or armie-logick , nor the petitions , addresses of any crack-brain'd sectaries , and vulgar rabble of inconfiderable illiterate people , nor the presence of anie lawyers sitting with , or acting under them as a parliament , to their own and their professions dishonour , make them so in their own , or any wisemens , or iudicious , honest lawyers iudgement whatsoever . and therefore out of conscience , shame , justice , prudence , and real christianitie , ( have they anie left ) they must needs disclaim themselves to be a parliament , and no longer abuse the nation , or others under their disguise . all whith mr. prynne , if admitted would viva voce have pressed home upon them , but being forcibly secluded by their gards , because unable to answer or contradict his law or reason , he now tenders to their view , and the judgement , resolution of the whole english nation , to whom he appeals , with this publick protestation . that if they will freely call in all the surviving members of the lords and commons house , sitting till december . without secluding anie by force , or new unparliamentarie impositions or seclusive engagements , which they have no power to impose : if they upon a free and full debate shall resolve , the old parliament to be still in being , and not actually dissolved by the kings beheading , notwithstanding his premised reasons to the contrarie ; he will then submit his private iudgement to their majority of voyces in this , as well as in all other parliamentary debates , and contribute his best assistance and advice as a fellow-member , to heal the manifold breaches , prevent the approaching ruines of our indangered church , realms , parliaments , laws , liberties , peace , and establish them upon better foundations than those now sitting ( to promote their own and the armies interests rather than the peoples or nations ) are ever likely to lay . who if they can prove themselves a true and lawfull english parliament within this act , without either king or house of lords , or this their clandestine , forcible entry into and seclusion of their fellow-members out of the honse , and actings in it to be lawfull , equitable , righteous , honorable , parliamentarie , christian , and such as well becomes either saints , members , or true good englishmen , by anie records , parliament rolls , acts , presidents of like kind in former ages , law-books , customes , common or civil-law , scripture , divinitie , reason , ethicks , policks ( except machiavils , and the sole argument of the longest sword , the most bruitish , unjust , unchristian , turkish of all others ) mr. prynne will then publicklie declare them to be that in truth , which as yet he neither can nor dares to acknowledge them to be so much as in appellation , either a member of the old parliament , a covenanter , a protester , a lawyer , a scholar , a man , an englishman or a christian. and hopes , that upon the perusal hereof they will as much disown themselves to be the parliament within this act , or anie lawfull parliament of england even in their judgments , consciences , much more in actings , for the premised reasons , as he or anie other secluded members do ; not out of anie spirit of contradiction , but conscience , and common dutie to themselves , and their native country . that which principallie elevated , yea inflamed mr. prynnes zeal , both now and heretofore , with all his might to oppose all late publick innovations , changes of our antient government , parliaments , laws , was this sad and serious consideration , which he shall with all earnest importunitie intreat , advise all army officers , souldiers , sitting or secluded members of the lords or commons house , with all well-affected persons to the safetie , settlement of our religion , church , state , throughout our three nations , most seriouslie to lay to heart , and engrave upon their spirits , not to read it as they do news-books , ( only to talk of them for a day or two ) but as they read the evidences of their inheritances , whereby they hold all their earthlie ( yea heavenly ) possessions , that they may remember , act according to it all their lives : that william watson ( a secular priest of rome ) in his dialogue between a secular priest and a lay gentleman , printed at rhemes , . in his a quodlibets , printed and william clerk a secular priest , in his answer to father parsons libel , . p. . &c. ( then best acquainted with the iesuites designs against england of all others ) did in precise terms publish to the english nation , in these their printed books , a that father parsons the english iesuite , ( the most active professed enemie to our english kingship , kings realm , church , religion ) & his confederate iesuitical society , did ( so long since ) give out and prophesied , that they have it by revelation , and special command from god , that their order and society was miraculously instituted for this end , to work a dismal change amongst us , wherein all laws , customes , and orders must be altered , and all things turned upside down : and that they being the only men who have the name , title , and authority of iesus , by them it is , that this marvelous change and alteration shall be wrought , in such sort as from the beginning of the world was the like never heard of before to this present . b that this iesuite father parsons in his book of the reformation of all the states of england , as he b prescribes a reformation of the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , and laws , in all which he will have strange metamorphoses , so he will have the court of parliament it self brought to better order , to effect all these dismal changes . that the way whereby he & they intended to bring about all these changes was , to bring all england into an uprore ; for common souldiers to examine their soveraigns what titles they hold by , and by infusing this their iesuitical principle into the souldiers and people , that every pecope or tartarian multitud● , getting once the title and stile of a publick state , or helvetian common wealth , may alter , change , innovate the course , inheritance , and succession of the crown and lands under them , to make the island a iaponian island of iesuites , and infeoff themselves by hook or crook in the whole imperial dominion of great britain , putting all the whole blood-royal of england to the formidon , as but heirs general in one predicament . for their better accomplishment whereof this william watson subjoyns his own opinion in these words c i verilie think that all the puritans and anabaptists will joyn with the iesuites , ( to effect these changes ) at length , how far soever they seem to be , and yet are , in external profession of religion : there being at least half an hundred principles and odde tricks concerning government , authority , tyranny , popularity , conspiracy , &c. wherein they jump as just together as if both were made of one mould ; but when they shall thus joyn together , he predicts ; that the iesuites having more singular fine wits amongst them , and manie learned men on their side , whereas the puritans and anabaptis●s have none but grossum caputs , the iesuites manie gentiles , nobles , and some princes to side with them ; the puritans but few of the first , rare , to have anie of the second , and none of the last on their side : by consequence , if matters come to hammering between the iesuites and puritans , the latter are sure to be ridden like fools , and come to wrack . he superaddes to this , d that father parsons and his companie have laid a plot , as most consonant and fitting for their other designments , that the common law of the realm of england must be ( forsooth ) utterly abolished , or else bear no greater sway in the realm than the civil law doth . and the chief reason is , for that the state of the crown and kingdome by the common laws is so strongly setled , as whilst they continue , the iesuites see nor how they can work their wills . secondly , the said good father hath set down a course ; how every man may shake off all authority at their pleasures , as if he would become a new anabaptist or iohn of leydon , to draw all the world into a mutiny , rebellion , and combustion . and the stratagem is , how the common people ( and souldiers ) must be inveigled and seduced , to conceit to themselves such a liberty or prerogative , as that it may be lawfull for them , when they think fit , to place and displace kings and princes , as men do their tenants at will , hirelings , or ordinary servants . which anabaptistical and abominable doctrine , proceeding from a turbulent tribe of trayterous puritans and other hereticks , this treacherous iesuite would now foist into the chatholick church , as a ground of his corrupt divinitie . mr. prynne having some year since diligently observed all these passages , with sundrie others of this nature , in those secular priest-books , and comparing them with campanella de monarchia hyspanica , c. . . & cardinal e richlieues instructions forecited ; having likewise read in the iesuites own printed books , f that they had no lesse than colleges and seminaries of iesuites erected in several parts of the world , within the space of years , and no fewer than colleges and seminaries in provincia anglicana , in the english province in the year . wherein they had . socii societatis , g fellows of their own societie , besides novices , and colleges more of english iesuites beyond the seas , and no less than eight colleges of irish , and several residenciaries of scotish iesuites in ireland , scotland , and other places : and being assured by the publick speeches of oliver cromwell himself , first to an assemblie of divines and others at whitehall . and after to his new modelled parliament at westminster , september . . published in print , p. , . that he knew verie well that emissaries of the iesuites never came over in such swarms as they have done since our late wars and changes were on foot , and that divers gentlemen can bear witness with him , that they have a consistory and counsel that rules all the affairs of the things of england ; and had fixed in england in the circuit of most cathedrals , ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons , and other persons to pervert and seduce the people . and being most certainlie informed , that the h arch-iesuite sir toby mathew , though banished by both houses , sir i kenelme digby , a jesuited papist , ( whose father had a chief hand in the old gunpowder treason , and was himself particularlie imployed to rome by the queen to procure men and monies from the pope against the parliament , where he expected to receive a cardinals cap , ) k sir iohn winter a person excepted from pardon , mr. walter mountague ( two notorious jesuited papists , who l conspired with the popes nuncio and college of jesuites , in longacre to destroy the king , and alter the government of the kingdome if he refused to turn roman catholick , and repeal all laws against romish priests , iesuites , papists , and for that very end raised the first scotish wars , and ( which is most observable ) that orelly the popes own nuncio in ireland , who promoted the late horrid irish rebellion and massacre of the protestants , sate president in the general counsel of the popish rebels there for several years , m to carry on that rebellion ; came all over into england , walked openly in the streets and vvestminster hall , when the king was brought to his tryal , and executed by their and other iesuites instigation , and our old kingdom metamorphosed into a new common-wealth ; that n owen ro oneal , and all the irish rebels under him , by orellies perswasion , entred into an offensive and defensive league with the new-republicans against marquesse ormond , the lord inchequin , and protestant party in ireland , who declared for monarchy , & the kings title , against their republick . and being withall assured by sundry persons of credit , that there were many iesuites under the habit of o souldiers , listed in the army , and others of them under the disguise of physicians , apothecaries , travellers , captains , merchants , factors , tradesmen , anabaptists , ranters , seekers , quakers , and other sectaries , dispersed throughout all places , to carry on and accomplish tho●● dismal changes , so long since predicted , projected by father parsons and the iesuites . yea , being further assured , by an eminent divine and others more than once , from the mouth of a noble english lord , returning from rome about years since , that the provincial of the english jesuites , when he went to see their college in rome , assured him , they had then above fifteen hundred of their society of iesuites in england , able to work in several professions and trades , which they had there taken upon them , the better to support , and secure themselves from being discovered , and infuse their principles into the vulgar people . that the p great anabaptist , styled , the administrator of hexam near newcastle , in the north , since removed to colchester , was lately a papist ( if not ) a priest or iesuite ; that ramsey the scotish iesuite was purposely sent ouer into england by the pope & iesuites an. . under the notion of a iew , to infuse new notions into the anabaptists & side with them , who therupon addressed himself to paul hobson the anabaptist , a grand army-preacher , and this administrators congregation , where he made a publick profession , that he was a iew by birth , but was now thorowly converted to the christian religion by their instruction , with a publick confession of his faith , which they printed , whereupon he was publickly dipped by this administrator at hexam , and received as a member into their anabaptistical church , who much gloried in it , till within few weeks after , he was by the maior and ministers of newcastle clearly discovered , to be a grosse impostor , yea a scotish iesuite , and sent up by them to london ; where after some restraint he was enlarged without any punishment , and not long since , twice boldly entred into the university schools at cambridge , desiring conference with mr. smith the hebrew lecturer there , with whom he discoursed in hebrew ; professing himself , to be soul and body for the catholick church of rome : that q eleazer ben-isaiah , and his brother ioseph , . grand jesuitical impostors , at the self-same time under the notion of converted iews , were dipped by the anabaptists ; maintaining dipping , not sprinkling to be the only baptisme of iesus christ , and the anabaptists to be the only strong and glorious christians , in their printed book , dedicated unto our new republican parliament & counsel of state , . which mr. pr. ( soon after his inlargement frō pendennys castle ) meeting with , discovered them to be gross impostors , one of them a trooper in p. ruports army ; who after a collection made for him ( as a converted iew ) at dursty in glostershire , by mr. woodward on the lords day , drank sive jugges of bear , with sundry pipes of tobacco , whereby to digest his lords day supper , and disgorge his sermons : then locking his chamber door in the inne , he ran to the maid he had sent to warm his bed , and attempted to ravish her ; wherupon the crying out , & the boy of the house ( being about a block at night ) endevouring to raise the neighbors , he therupon fled from thence , ( since which mr. prynne heard no more tydings of him . ) and having ●ince that most clearly discovered to the whole nation ( in his books , intituled , the quakers vnmasked , and new discovery of romish emissaries , printed . . and . ) that the franciscan freers and iesuites were the first erectors of our new sect of quakers , ( ignatius loyola the jesuites founder , being first a souldier , then a quaker , next a speaker , last of all a professed iesuit ; as his disciples now are , first iesuites , then quakers , speakers , souldiers before or after ; ) that maurice conry an irish franciscan , late provincial of the english franciscan fryers , ( having extraordinary faculties granted him to exercise here in england ; as to absolve all hereticks in england , of what nation soever ; to admit men into his order ; to dispence with oaths , with saying canonical hours , the ceremonies of the mass , for keeping heritical books , and other particulars which might discover any of them to be freers , or papists : to authorize , print what books he allowed ; concealing both the name of the author , printer , place , non obstante consilio tridentino : ) came over into england , under the disguise of a spanish captain , having sundry pasports from the king of spains officers in the low countries , to raise men for his service in england and ireland , where he continued during the regency of our republicans ; after which in the year . he procured a pass and protection to all officers by sea and land under ol. cromwels own hand and seal , to pass and repass about his occa●ions to and from ireland ; all which were taken about him in bristol , november . and the very originals under seal brought to mr. prynne ; who published some of them in print ; yet after near two years imprisonment at bristol , upon a habeas corpus brought by conry , he was turned over prisoner to newgate , to be tryed as a popish priest , and let go thence ( by direction as was conceived ) before the sessions , and never enquired after since . mr. prynne discovering all this and much more , and being most fully assured , that all the rebellions in the army since . against the king , parliament , members , and all the late changes , revolutions of our government ever ●ince , proceeded originally from the jesuites , and romish agents powerfull influences upon the seduced army-offieers , souldiers , sectaries , and republican members . and long since taking special notice , that during the armies & republicans proceedings against the king , & in hammering out their new common-wealth ; all the most eminent , zealous , religious members of the commons house , most opposite to jesuites , papists , popery , were totally secluded , secured by the army ; and their votes , protestations , advices , with the addresses , disswasions of all the godly ministers of london and other parts , yea ( * vvilliam sedgwicks , their own chaplains , ) totally rejected with highest contempt ; and the counsels of the most desperate jesuites , and popish agents ( flocking to london from all forein parts , and walking freely in the streets whiles the members were under strictest restraints ) vigorously pursued : so all their subsequent actions demonstrated to him and all considerate protestants , whose creature their new republick originally was , and for whose service it was created , as these memorable particulars evidence . a . they did quite set aside all those . against●esuites ●esuites , seminary priests , popish recusants , and the exercise of any t●eir romish superstitions in any place within our realms , which the secluded members , and army-officers too at first , eagerly pursued ; and the king in the treaty of the isle of vvight assented to at the first without any scruple : for which the iesuites in france , at a general meeting there , presently resolved to bring him to iustice , and take off his head by the power of their friends in the army ; as the king himself was certified by an express from thence , and wished to provide against it , but two dayes before his removal by the army from the isle of vvight , in order to his execution . ly . they b totally set aside and repealed by express votes and printed knacks , the very oaths of supremacy and allegiance , as unlawfull oaths , which themselves took and ought to take before they sate or could sit as members in the commons house ; by the statutes of el. c. . & iac. c. . which oaths were specially made ( by the great wisedom , care and piety of our protestant parliaments , purposely to detect the persons , and prevent the plots , conspiracies , assasinations , treasons , vsurpations , and new gun-powder plots of the romish iesuites , popish priests , papists , and their instruments , against the lives , crowns , prerogatives of our protestant kings , princes , their royal posterity , realms , parliaments , our protestant church and religion , as the statutes of eliz. c. . eliz. c. . iac. c. . iac. c. . and other acts , with king iames his apology for the oath of allegiance , and sundry learned treatises in defence of these oaths , declare at large : which oaths were c refused , opposed only by the most iesuited and desperate papists ▪ , at home and abroad : but approved by the moderatest and loyallest priests and d lay-papists who writ in justification of them ; and repealed to their greatest joy and advantage , by our jesuitized zealous republicans . ly . they discharged , absolved themselves , and all other members , subjects , officers , who had taken these oaths ( as most had frequently done ) from the future observation of them , and of their solemn protestation , e vow , league , national covenant , made in pursuance of them ; contrary to this expresse clause in the oath of allegiance , f i do believe , and in conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully administred to me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear , according to the expresse words by me spoken , and plain and common sense of the said words , without any equivocation or mental reservation , and i do make this recognition and acknowledgement , heartily , willingly , and truly , upon the faith of a christian. yet these faithlesse republicans , who took this oath as members , ( and several times else upon other occasions ) thus atheistically , like so many absolute popes , against all g laws of nations , nature , absolved themselves and all others from it , and set it , with the oath of supremacy , covenant , protestation , quite aside like old almanacks out of date . ly . not content herewith , they h imposed a new engagement , diametrically contrary to these oaths , the protestation , vow , solemn league and covenant , which every one must subscribe with his hand , to be true and faithfull to their new common-wealth as established by them , without a king or house of lords , putting all english freemen whatsoever into a new praemunire , upon a bare suggestion only before proof or conviction , and disabling them to sue in any court of their republick , or to receive or enjoy any degree , office , augmentation , or preferment whatsoever spiritual , ecclesiastical , civil , or military , or sit as members then ( and now again ) unless they would publickly subscribe it : which engagement thousands of our godly protestant ministers , gentry , freemen refusing to subscribe , were thereupon barred of their actions , executions , iudgements to recover their just debts , rights , inheritances , goods , offices ; denyed their degrees of learning , ejected out of their benefices , headships , fellowships , vice-chancelorships , augmentations , offices , freeholds , callings , against all rules of law , conscience , iustice , equity , religion , the fundamental laws and liberties of the land , their native birth-rights , after all their conte●●s , wats , contributions , prayers , fasts , endeavours for their defence : and all by these free-state-men . a tyranny , treachery , perjury , apostacy , transcending any since the creation , yet most eagerly pursued by them all their reign , to the utter ruine of many consciencious , honest protestants , and great rejoycing of all iesuites and popish enemies both at home and abroad . ly . the very first act of iustice they did , by the first commission of the peace they passed under their new republican great seal for middlesex , at the first sessions held under them at hix-hall , febr. . was the enlarging of a dangerous iesuite , and another old seducing papist , formerly imprisoned in the new prison : the only acts done in this first session , as those present then informed mr. prynne with much regret : which was seconded with the subsequent enlargement of other iesuites , priests , papists , elsewhere imprisoned : whereas on the contrary they shut up sir william waller , sir will. lewes , sir iohn clotwo●thy , major general brown , comissary cop●y , mr. prynne , mr. clement walker close prisoners in sundry remote castles divers years together , without any cause expressed , and mr. gewen with other members , several monthes , and sundry godly ministers , protestants of all sorts throughout the land , as well paliamenteers , as former cavaliers ; yea beheaded mr. love , an eminent protestant minister , and other protestants , but not one papist in their illegal high-courts of justice , erected by them ▪ against all our laws , whiles these romish locusts were thus enlarged , unprosecuted , and had free liberty to wander up and down our three nations , and act what they pleased to work out kingdoms , churches , and religions ruine . ly . the first who publikely owned them for a common-wealth , congratulated this their glorious change , atchievement , and ent●ed into a league with them , was the most catholick k. of spain , the popes , iesuites , chief patron and propagator of their catholick faith and designs : whose interests they prosecuted during all their republican domination . ly . they entted into a bloodie invasive war against their brethren of scotland onlie for owning their rightfull soveraign king charles , after his fathers beheading , according to their laws , oathes , duties , and solemn league and covenant ; invaded their ▪ country without any provocaion , slew many thousands of them with furie and cruelty in the field ; starved , destroyed hundreds of them taken prisoners by them , and sold others of them into forein plantations for slaves ; imprisoned , sequestred , banished most of their zealous godly protestant ministers , nobles , gentry ; took all their cities , castles , forts , amunition , arms , conquered , inthralled their whole kingdom , put them under intollerable taxes , tributes , and iron-yokes of armed governors , garrisons still continued amongst them to our cost ▪ destroyed their presbyterial and civil government ; and for an everlasting monument of this their barbarous unbrotherly kindnesse , and gratitude towards them for their former assistances , not only kept solemn publick thanksgiving-dayes throughout their republicke for their slaughters of and victories over them , but hanged up all their ensigns in westminster hall , and transported all their records close prisoners to the tower of london , where they yet continue . ly . they instigated the dutch to set aside the prince of orange his family , and put them out of the superiour commands , places of trust , they formerly merited and enjoyed , out of malice to the beheaded kings progeny ; mutined the states against each other , and then entred into a most costly , bloody , dangerous , unchristian war with those our old protestant friends and allyes , continuing all their regency , to the losse of many thousands of gallant protestants lives , the ruine of sundry familyes , the great weakning , impoverishing of both nations , the scandal , detriment of the protestant religion , the griefs of all forein protestant churches , the great joy and advantage of both our prosessed popish adversaries , and king of spain especially ; who long since designed both our ruines , by these very practises , prescribed to him by campanella in direct words , as those who please may read at large , in his book de monarchia hispanica , c. . & . ly . they freely permitted ( if not encouraged ) all their republican government , k diurnallists in their news-books , and those scurrilous , grosse impostors , lilly , culpepper , and other prognosticators in their almanacks , besides sundry other scriblers insufferably to revile and rayle against our oxthodox , godly , protestant ministers , especially presbyterians , to prophecy their downfull extirpation , execution , banishment , the utter ruine of them , their tithes , glebes , presbytery , to incense both souldiers and people to disown their ministry , detain their tithes , revile , abuse their persons , as being worse than any priests , iesuites , and greater enemies , traytors to their republick than they , ( who readily complyed with it as a child of their own begetting . ) xly. they permitted many thousands of popish primers and other books to be freely imported , and above thirty thousand popish and atheistical pamphlets of all sorts , against our church , religion , ministers , to be printed and vended in england without controll , as the london-stationers ( moved out of conscience ) declared and published to them in their beacon fired . and scintilla , which book was presently answered by the beacon quenched , subscribed by colonel pride ( the new faux ) and other army-officers , ( though writ by a iesuite as mr. prynne was credibly informed ) and presented to those then sitting at westminster , erecting them against the stationers and their beacon fired , as a new - gunpowder-plot , to blow up the army , parliament , and new common wealth , though a true , honest , harmlesse , pious , timely discovery of the papists and iesuites designs to blow up our religion , church , ministry , amongst other popish books then printed , v mr. prynne met with one as far as pendennis castle in folio , inittuled , the holy court , written by edmund causin a iesuite , translated into english by iesuites , dedicated to our queen mary , and the dutchesse of buckingham , printed in london by william bentley , . and sold by iohn williams in pauls church-yard , as the title page attests , having the iesuits badge , and s. i. ( societatis iesu ) in capitals printed in its front . in which folio book ( consisting of divers tomes ) tom. . p. to . , , , ▪ . tom. . p. . tom. . to , , . tom . , . to . and other pages , the popes supremacy , prayer to saints and angels , purgatory , masse , transubstantiation , and all other points of grossest popery were not only maintained , assered , but our very protestant religion branded for heresy , our late queen elizabeth , our ministers and all other professors of it reviled , censured for damnable heretiques , as mr. prynne then observed . ly . themselves in divers of their printed declarations , knacks , and their instruments in sundry books , ( as iohn goodwin , markham , needham , melton , and others , ) justified , maintained , the very highest , worst , treasonablest , execrablest , of all popish and jesuitical , unchristian tenents ▪ practise● , treasons , as the murdering of christian protestant kings , ( under the notion of tyrants ) the blowing up of parliaments , the subverting of kingdoms , the altering of all setled laws , governments , the forcible usurpation of others crowns , honors , officers , estates , without right or title , by force , murder , treachery , the breach of , dispensation with , absolution from all sacred oaths , leagues , covenants , promises , contra●●s , rebellion , against all lawfull superiours , and the open violation of the , , , & . moral commands of god himself , under the pretences of publick iustice , necessity , self-preservation , reformation , religion , publick good , safety , advancement of the gospel and kingdom of iesus christ , repayed with their own ejection . ly they closed in an offensive and defensive league with owen ro oncal , and the popish irish bloody rebels , against marquesse ormond , inchequin , and the protestant party there who had been the parliaments chief generals and officers , against the rebels ; in opposition to monarchy ; and when ( to couler the odium of it ) col. monke was questioned in the house for making this league with them , as done without their privity ; and one of them moved , that he might be committed for it to the tower ; that famous saint henry martin , stood up and retorted , that he desired the tower might be rather committed unto him for this good service : what high places of trust by sea and land he hath been advanced to since for this service , is very well known ; whereas marquesse ormond , the lord inchequin , and other protestants in ireland , who faithfully served the parliament against the irish rebels , and bare the brunt of the first wars against them , were yet the very first persons excepted in their printed catalogues , and news-books , from all manner of pardon or composition either for their lives or estates , and are quite stript of all their lands in ireland , out of odium unto monarchy , the kings posterity . and all this to advance the protestant religion and christs kingdom by and under their new jesuitical republick , the quite contrary way . these . particulars , like so many true , good , honest sworn grand-iury-men , impanelled by mr. prynne , out of mere zeal to his native countryes , church , religions preservation , will give in a true impartial verdict , whose proper child , our new commonwealth , whose instruments the guardians of it , but goalors of all our liberties under it , have been and now are again , and whose works they do . he shall subjoyn a few sad observations of like nature , during their infant republicks second wardship under their late protector , to promote the protestant cause and religion . . his making peace with the hollander after he had dismounted the republican grandees to set up himself in their places ; was in it self a christian , pious , prudent , and commendable act , beneficial to both nations . but if the principle motives of it were , a vast sum of mony from the dutch , put into his private purse ( as some report ; ) or a desire to ecclipse the honour , power of the prince of orange , their chief protector and his family ; to banish the late kings royal posterity , and adherents out of the netherlands , and leave them no subsistance , nor being there amongst protestants of our and their religion , to force them to seek new quarters amongst iesuites , papists , and cast themselves wholy on their charity , on purpose to pervert them in their religion , and destroy both their souls & bodies at once , which is visible and irre●ragable , they being all actually exiled thence by special articles upon the peace with the dutch. what protestant can think upon it but with horror , as the highest act of impiety , cruelty , barbarisme , injustice , uncharitablenesse , and malice ever yet recorded of any professors of christianity in the protestant religion . ly . his quarrelling with the king of spain , in hopes to gain his indian mines , and sending such a fleet , with so many thousand english protestants and souldiers thither , upon the bare project of n gage , a iesuited professed papist and spainiolized priest , who had lived there sundry years under the spanish king as a priest , ( all whose family and relations have been o desperate popish enemies to our religion . king , kingdoms ) with the disasterous successe and fruits thereof , to the expence of such vast sums of our own treasure , the loss of so manie thousand protestant souldiers , mariners , and undoing , endangering of our other american plantations ; if rightly weighed , was in truth rather a spanish and iesuitish plot to ruine us and our religion , than to advance them ; as mr. prynne at first reputed them , predicting the ill event before it happened . ly . his closing with france and the french-cardinal mazarine , upon the breach with spain , of purpose to banish poor distressed k. charles ( whom he drove out his protestant kingdoms , banished out of holland : ( deprived of all charitable supplies or hopes of relief from either for his necessarie subsistance ; ) and banish his brother the duke of york who had a command & great repute in the french army , with all their dependents out of france too , that he might the more securely establish himself and his posterity in their hereditarie kingly power , dominions , and leave them no place to hide their heads in , ( the effect , and chief end of that peace ; ) and that in pursuit of cardinal richelieus * forementioned instructions to ruine our monarchy , kingdoms , and work his infernal designs against us , ) was such an inhumane , unchristian policy , as verie ill accords with our saviours expresse precepts , mat. . . &c. lu. . , &c. rom. . , . but i say unto you , love your enemies : therefore if thy enemie hunger feed him , if he thirst give him drink : be not overcome of evil , but overcome evil with goodnesse . and a president hardlie paralleld . ala● how shall the memorable heroick charity , generosity , pietie , justice , of our norman conqueror king william , ( censured by this new conqueror and his army saints , as the worst of tyrants in sundry pamphlets ; ) and of his sons , william rufus , and henry . towards edgar atheling heir to the english crown after the death of edward the confessor ( when hee took it from him by the sword , under pretext of p king edwards last will , and being next heir to him in blood , not as a conquerour by war : ) who though after his q oath of homage , fealty , and subjection to william , twice set up , as heir to the crown , by the english nobility in opposition to him , twice routed by him in the field , driven into scotland , and quite left destitute of forces , friends and supplyes to gain the crown ; yet upon his repair to him in normandy , without any precedent articles for his securitie , anno . he not only pardoned his former insurrections , but r gave him a large gratuity , entertained and lodged him in his own court divers years , allowing him a pound of silver for his honourable maintenance everie day ( a great sum in that age : ) after which when he desired to go into apulia to the holie wars , s anno . he furnished him with many ships and souldiers : whence he returning after the losse of robert his chief commander and best men , though the emperours of greece and germany whom he visited in his recesse thence , honourably received , and profered to entertain and maintain him in their courts according to the greatnesse of his birth all his life time ; t yet he contemning to their proffers , out of a desire to enjoy his native country , returned into england , where he was courteously entertained by william the conqueror as before , till his death . after which edgar fiding with robert duke of normandy his eldest son , against william rufus the younger : he thereupon anno . deprived him of all the honours conferred on him by robert , and banished him out of normandy into scotland : but afterwards upon the accord between the brothers touching the crown , and peace with scotland , he was reconciled to king rufus , and returned into england , where he lived securely without the least restraint ; and was in so great favour with rufus , u that in the year . he sent him as general into scotland with an army to restore his nephew edgar son of malcomb ( who maried edgars sister ) to the crown , which his uncle dufnald had invaded after malcombs death , to expell dufnald , and make edgar king. which having effected , he returning again into england , lived there quietly without the least danger or restraint all rufus his reign , and some years under * king henry the first , betaking himself in his old age to a retired private country life , and dyed in peace , as our historians then living record . oh that there were the like charitie , ingenuity , christianitie , piety in the saints of this iron age , against whom these . first norman kings shall rise up and condemn in the day of judgment , when christ himself will pronounce this heavy sentence against them for all their pretended saint ship : * depart ye cursed into everlasting fire prepared for the divel and his angels , for i was an hungred and you gave me no meat , i was thirsty and you gave me no drink , ( no * not out of my large hereditarie revenues of three kingdoms , you have forcibly invaded against your oaths ; ) i was a stranger and you took me not in , ( no not into my own protestant realm , court , out of which you thrust me by violence , neither would you permit those of holland and france , where i was a stranger to take me in , but inforced them to banish and cast me out after their former entertainment of me as a stranger , ) i was naked , but ye cloathed me not , ( but stripped me and mine stark naked out of our inheritances , wardrobes , and all we had , ) sick and in prison , ( into which you cast both me and mine ) and you visited me not , yea made it high treason for any to do it , or so much as to pray for me in this my distressed condition , notwithstanding gods own evangelical precepts to the contrary , tim. . , . pet. . . acts . , . cor. . , , , thes. . , . rom. . , , . if the most righteous and charitable saints shall * scarcely be saved in this great day , o where shall these ungodly , unrighteous , uncharitable , and transcendently malicious sinners ( not saints ) appear ? o that they would sadlie consider it and repent thereof , as the onlie means to avoid this fatal doom of christ at the last day . this truth they cannot , dare not deny with their tongues , but they contradict it by their lives , ' non contradicunt lingua sed vita . moneo , rapit ; doceo , rapit ; praecipio rapit , arguo , rapit . quomodo non contradixit ? si ergo in ignem aeternum ibit , cui dicturus est christus nudus fui , & non vestisti me : quem locum in igne aeterno habebit , cui dicturus est , vestitus fui & spoliasti me ? hic fortasse ut evadas hanc vocem , mutata consuetudine , cogitas spoliare paganum & vestire christianum . ad hoc respondebit tibi christus , immo respondet tibi nunc per servum qualemcunque ministrum suum : etiam hic parce damnis meis ; cum enim qui christianus es spolias paganum , impedis fieri christianum . etiam & hic fortasse respondebis : ideo spolio paganum , ut per hanc asperam & salubrem disciplinam faciam christianum . audirem & crederem , si quod abstulisti pagano , redderes christiano , &c. o that our harpyes and beasts of prey , ( who have obliterated the tenth commandement out of all their decalogues as the papist● have done the second ) would lay it close to heart , being saint augustines . sermon to them , as well as mr. prynnes : the rather , because the night before o. cromwell pro. died , mr. prynne then being at swainswick near bath ( having never dreamed of him before ) dreamt he was dangerously sick at bath , and that he then sent a special messenger to him importunatly desiring , he would presently repair to bath , for he was very sick , and desired much to speak with him : whereupon ( though he never saw him since . ) he presently went to bath : where finding him lying on his bed , he told mr. p. he was very sick , and had sent for him to tell him what he should do in this condition . mr. prynne thereupon forthwith answered , that he could give him n● better nor other counsel than that of saint z augustine ( asserted by all divines as an undoubted truth ) non remittetur peccatum nist restituatur ablatum : that there was no remission of sin without full restitution of rapine : therefore he must forthwith restore the banished king to his * crown and kingdoms , of which he bad most unjustly deprived him ; the parliaments to its just rights , freedomes , and privileges , which he had utterly subverted ; and the people to their fundamental laws , liberties , properties , of which he had most unjustly and perfideously defrauded them more than any man , against his oaths , trust , duty , under pretext of defending them ; repent of all the blood he had shed . and mischief he had done ; then there was hope of mercy and pardon for him both from god and men , otherwise there was none at all for ought he knew . at which he standing mute , as much amazed , without any reply , mr. pr. thereupon departed , without more words ; and the next morning told this dream to his sister , and sundry others , telling them he was confident he should hear some strange news of cromwell very speedily , since he never dreamed of him before ; and within three daies after he heard of his death about . hours after his dream . o that all other usurpers of others estates , offices , lands , places , by bloud and rapine , would sadly consider of it , and make real restitution of them before they die ! then would our peace be soon restored without war or bloudshed : and their souls saved ; which else in all probability * will be damned , without real restitution when possible to be made . . his relieving , interceding for the massacred persecuted protestant albigenses in piedmont , charitable collections for them and others , was a christian work , worthy applause : but his giving just provocation to popish princes abroad , by the * jesuites instigation , to extirpate their religion , as a very seminary of treason , sedition , rebellion ; and to massacre , eradicate them as a company of traytors , antimonarchists , regicides , hypocrites , rebels , and seditious persons ; from his own and his confederates antimo●archical principles , practises , treasons , rebellions of this kinde , both against their king , parliament , monarchy , their confederated brethren of scotland and their king , as being all of one religion , perswasion ; his accommodating the king of spain with whole regiments of bloudie irish papists , who had embrewed their hands in so much protestant bloud in ireland , and were the chief instruments in murdering these poor protestants ; his negligence in examining the misimployment of this and other collections under him for distressed foreign protestants ; the greatest part of which are yet in the collectors hands , or diverted otherwise . was in truth but first to kill , wound , plunder ; and then relieve them when too late . . his confederacy with the king of sweden to invade the kingdom of poland , and usurp that crown by force , ( without right or colourable title , ) upon pretext to advance the protestant cause , relieve the protestant churches & propagat the gospel there ; had some specious shew of zeal to religion : but to doe apparent * evil , that good might come of it ; to ingage in such a war to propagat the gospel of peace , which ended in the total extirpation of all the protestants and their churches in poland , whence they are now totally extirpated , as himself related in his briefs , papers for their over-late relief : and produced a new bloudie warr ( wherein he also sided with him ) against the king of denmark , a protestant king , the marquess of brandenburgh , the dutch , and other our protestant allies , sadly divided against each other , in late bloudy battles by land & sea , to the endangering of all the protestant churches throughout the world , and engaging them all in a new warre , and our three nations ( in all probability ) against our protestant brethren , ( now the popish kings are reconciled , and ready to destroy us all ) being broken in pieces amongst our selves , impoverished , butchered by one another , rather like savage beasts , than men or christians ; and that in direct pursuance of a campanellaes , b richelieus , and c other iesuited plots , who expresly write : that the catholicks are to use all arts and means to divide the protestants , lutherans , calvinists , and sectaries one from and against each other , by various arts and means , and all occasions laid hold of for that purpose , that they may with more ease oppress , destroy them all ; and that they ought not to neglect the opportunity to accomplish their utter extirpation when their monies are exhausted , their forces weakned , and they divided by their intestine wars . the best means being thus to destroy them by themselves , till they ( like the kite in the fable ) shall devour the frog and mouse together , during their combats with each other ; was such a machiavilian policy to advance the protestant cause , as mazarine and the iesuites suggested to him on purpose to effect their ruine ; as all wise men , and his own creatures now over-late discern : and bedlam hugh peters in his letter to a great army-officer , the th of this instant may. . his endeavour to bring in the d iews with their synagogues and iewish ceremonies , under a pretended hopes of their long-desired conversion , but real intended expectation to finger two hundred thousand pounds of their gold at present , and all the rest in future when transplanted ; to set up their antichristian judaism , in direct contradiction to our saviour iesus christ ; and at the very self-same time , by his printed declaration novemb. . and private instructions to his new basha's ( or major generals ) to eject , silence at one blow ( without conviction , hearing , or the least legal proceeding ) many hundreds of ministers , schoolmasters , scholars of the late kings party ( though learned , orthodox , godly , pious , peaceable , formerly indemnified and admitted to exercise their functions ) and prohibit them any more to preach , marry , administer the sacrament , pray , teach school in any publike place , or private meeting of any other persons , than those of their own family , or in any gentlemens houses as chaplains or tutors to their children , under pain of moneths imprisonment for the first , moneths for the d . and perpetual banishment for the d offence : and to punish them as rogues and vagrants , if they wandred abroad to begg their bread , on purpose to starve both them , their wives , families , or enforce them to flie into forein popish realms , ( being excluded out of the netherlands ) and there turn papists to preserve their lives ; when all priests , jesuites , sectaries whatsoever , and jewes themselves had so much liberty under him ; was such a transcendent barbarism , impiety , and high way to extirpate our religion , ( as pious learned archbishop vsher told him when he mediated for their libertie , and could not prevail , as he told mr. prynne and others with tears , which brake his heart soon after ) as the pope , and iesuites themselves could not have invented the like ; and exceeded all forein persecutions against protestant ministers in piemont , bohemia , and silesia , by popish princes , being of a different religion , but he a pretended protestant zealot . . his extending not only his toleration but real protection to all sects whatsoever , except popery and prelacy , and passing the late bill . ( put on by the presbyterians ) against papists , might savour of some disgust against those of the romish religion : but his extraordinary intimacy with cardinal mazarine , sir kenelm digby a most dangerous jesuited papist lodged by him in whitehall , ( a chief instrument of the union between him and mazarine , ) and sundry other papists , jesuites , popish priests : his suspending all penal lawes , executions against popish priests , jesuits , though sometimes taken in their pontificalibus at masse , and soon after released : his protections under hand and seal to sundry of them , particularly to maurice conry , provincial of the franciscans in england : their coming over in greater swarms of later times , than ever heretofore , without restraint , as himself * printed as well as declared in his publike speeches : his endevours to stop the late bill against papists the very morning he was to pass it , by his whitehall instruments , who moved its suspension for a time , as not suiting with present forein correspondencies ; ( against whom it was carried by . votes , that it should be carried up with the rest then passed : ) with the copy of his letter to card : mazarine , ( in many good hands , affirmed to bee real not counterfeit ) excusing his passing this bill , as carried on by a violent presbyterian party much against his will ; yet it should not hurt them though passed , &c. which accordingly fell out : the large expressions made to those of dunkirk in his name by their gov : lockert , to protect them in the full and free exercise of their romish religion as amply as ever the king of spain did : with other particulars of that nature : and his great incouraging of all sorts of sects headed , acted by disguised iesuits , priests , friers , as m. p. hath elswhere fully evidenced : are demonstrations beyond all exceptions ; what an advancer he was of the true prostestant cause and religion . . his undermining , subverting all our fundamental lawes , liberties , properties , ( and parliaments too ) in the highest degree , by his own and his army-officers , councils , new printed folio ordinances , instruments , taxes , excises , high courts of injustice , major generals commissions , instructions , proceedings , by committing sundry persons close prisoners ( some of them to forein islands ) without any cause expressed , legal trial or conviction divers moneths , years , by warrants under his own or his councils hands : his stopping returns of habeas corpora , when granted , or removing the prisoners to new remote prisons : his sei●ing , securing the persons , horses , arms of thousands , and banishing them from london time after time , upon meer forged plots , fears : his disbenching his own judges for not complying with his illegal will : his oft stiling magna charta , magna farta with highest indignation : committing . lawyers to the tower at once as traytors , for daring to argue an habeas corpus against his illegal commitment , and whitehall ordinance for excise in conyes case ( a president not to be paralleld : ) his prohibiting f all lawyers , sollicitors , iudges , and courts of iustice whatsoever under him , to plead , act , or admit any proceedings , or legal trial at law against his illegal ordinances and absolute commands , under pain of his highest indignation : his defrauding most patrons of their livings and lapsing them , ( by his own ordinances , instruments ) into his own hands , refusing their honestest , ablest clerks , without any cause assigned , and denying them the benefit of quare impedits after judgement given upon them by his own judges . all these are clear demonstrations to mr. p. beyond contradiction ; that our infant commonwealth both in its birth , growth , progress under its old guardians , and new protector , was but the iesuits , popes , spaniards , mazarines , and our popish enemies new creature , and instrument to ruine our protestant church , religion , king , kingdoms , laws , liberties : the very name of magna charta it self ( for which our ancestors heretofore spent so much bloud and treasure in reality , and we of late only in pretence ) being so execrable to our new free-states men , that in september . it was expunged out of a petition m. p. drew for mr. luttrel , ( to save dunster castle the habitation of him and his ancestors , from being pulled down over his head before hearing or notice , by an order issued for that purpose and put in execution ) to iohn bradshaw and their free-state council at whitehall , by their attorney prideaux order , because it would distast them : and a great fart was more savory to olivers red nose than it : all in pursuance of the jesuits old plot : as you have heard out of watsons quodlibets : this m. p. shall a little insist on , because of a present design against our laws now eagerly pursued . the late parliament in a above one hundred declarations , ordinances , orders , votes , made this their principal charge against the kings iesuitical counsellors , and the popish forces raised by him , against the parliament , that they endeauoured the subvexsion and extirpation of our antient fundamental laws & government : and that one of the b chiefest causes of their taking up arms and raising armies against them , was for the necessary defence and preservation of these antient good old laws and liberties , ( the inheritance and birthright of every english freeman ) whereby not only his maiesties regal authority , but the peoples security of lives , lands , livings , privileges , liberty , ( both in general and particular ) are preserved and maintained , and by the abolishing , innovating or alteration of which , it is impossible but that present confusion will fall upon the whole state and frame of this kingdom : as the whole parliament of iacobi ch . . expresly declared long since in the prologue of that act , the late long parliament in sundry declarations ; yea king charls himself in his declaration by advice of his council , to all his subjects , dec. . . exact collect : p. , . his answer to the lords and commons petition , april . . ibid. p. . to their declaration may . . p. , . and elswhere , the defence whereof against invasion , subversion , he made the ground of raising forces against an anabaptistical party & faction in the parliament , intending to subvertand extirpate them root and branch , as you may read at large : ib. p. , , , , , , , , , , . a collection of ordinances , p. , , , , . yet notwithstanding all these parliament declarations and commissions in pursuance of them ; the army-officers , souldiers , by the iesuits suggestions , have been so farr intoxicated , as to attempt the utter subversion and extirpation both of our laws ( and lawyers too ) for whose defence they were principally raised , in pursute of * father parsons forementioned design , under pretext of reforming them : though the bare indirect attempt to subvert them in a farr inferiour degree , was adjudged high treason in c straffords and canterburies cases , for which they both lost their heads as traytors , and in the case of the ship-mony judges in the long parliament . that they have prosecuted this design in england to subvert our fundamental common lawes , and great charter of our liberties , is most apparent by their proceedings in their mock parliament , and printed vote august . ordered , there should be a committee selected to consider of a new body of the law , and the government of this commonwealth : compared with a true state of the commonwealth of england , scotland and ireland &c. printed . p. , , , . which assures us , that there was a strong prevailing party in that assembly , whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england , ( the gardians of our lives and fortunes ) to the utter subversion of civil right and propriety , &c. and our two jesuitical prognosticators were so confident of it ( as if the stars in heaven had concurred herein with the iesuites and anabaptistical conventicle then on earth ) that in their scurrillous prognostications they predicted the downfall not only of all our ministers , and their tithes , but of our laws and lawyers , prognosticating , in the moneths of ianuary , february , september , october , and december . that the lawes & lawyers of the nation should be pulled down to the ground ; that the great charter it self should be called into question with other liberties , as not suting with english mens brains at this time ; that the crabtree of the law should be plucked up by the roots to hinder the future growth thereof ; there being no reason we should now be governed by the norman law , since the norman race is taken away by the same instrument ( the sword of conquest ) which brought it in . they are the very words of these false prognosticators , who have many such like passages in them both before and since . which , compared with the late speeches of many common souldiers : that there should be no more terms in westminster hall : that they hoped very speedily to see not only the lawyers gowns , but the lawyers themselves hanged vp over the courts in westminster hall , where the decayed scots coulours hung , to supply their vacant places : that it would be a goodly sight , to see all the trees in st. iames's park hung with lawyers and their gownes ; with sundry such like speeches , since may . . all these compared together , ( with what mr. prynne hath frequently heard the soldiers say during his neer . years close imprisonment under them , and their new republike in dunster , taunton , and pendennys castles ) that they hoped ere long to see and leave neither one lawyer , nor parish priest throughout england , nor yet steeple , steeple-house or bells , which they would sell , or cast into ordinance to fight against the dutch , &c. with some petitions and pamphlets now on foot to the like tune ; and the army-officers fresh proposal , to those now sitting and their votes thereon ; for the reformation of our laws , &c. are an infallible evidence to him , that all our former , late , and present cbanges of this nature , for which this formerly eiected republican conventicle is now reassembled , are the meer proiections of the all-swaying iesuits , to work our laws speedy ruine . it being their professed practice even in other forein popish kingdoms , to subvert their fundamental lawes , especially those which concern the inheritance , succession of the crown , and liberties of the subjects ; for which take these two testimonies even from forein papists themselves . the . in that memorable peece , t consilium de recuperanda et in posterium stabilienda pace regni poloniae per iesuitarum ejectionem , presented to the parl. of poland , an. . out of which they were soon after banished . hic autem vos notare velim ejusdem pestis iesuitici non minorem efficatiam esse in oppugnanda et expugnanda republica , atterendis legibus , quoties nempe sentiunt , se ab his , in instituta sua venatione , impediri . et quod ad leges attinet , hae politicae tineae , illas praecipue arrodere consueverunt et exedere ; quibus jus successionis in regno continetur , liberiasque et pax publica firmatur . which he proves by several presidents of their shaking abolishing the very fundamental laws of this nature , in france , hungary , styria , austria , c●rinthia , and elsewhere : and that with such success , ut obtritis legibus praedictarum nationum libertas nitebatur , partem earum penitus oppresserint , partem ad extremam desperationem adigererint : in praedictis provinciis alicubi illustribus et antiquissimae nobilitatis familiis publice diem dictum esse intra quem se , aut coram iesuitarum tribunali sistant , aut relictis patriis sedibus alio migrent . and is not this the sad , desperate condition of many antient noble protestant families , knights , gentlemen and others , both in england , ireland , scotland , and of the royal protestant family , since our late warrs , changes of government , parliaments , and extirpation of all our fundamental laws , liberties , properties , by the iesuits and their instruments ? o let our whole nation and republican members too ( once shamefully ejected by those now calling them in ) consider , consider , consider this over and over , and lay it close to heart : least closing with the iesuites now again in this new convention , k as they assuredly did in the old since december . till april . they incurr that sad fate of u king henry the th of france ; who after the execution of some and banishment of all iesuites out of france , upon iohn castles one of their disciples stabbing him in the cheek , with an intent to murder him ; and afterwards recalling , favouring , flattering them by building a stately college for them , entertaining one of them for his confessor , and bequeathing his very heart unto them , to be interred with them after his death , together with a very large legacy of plate and lands ; yet they soon after procured their desperat assassinate and disciple ravilliac to stabb him to the heart , in the open street in paris , an. . a just reward for his neglect , contempt of his parliaments timely admonitions in sundry remonstrances presented to him , never to trust or recall them more ; and the notable epigram against the iesuits , tendred to him by a true philopater , anno . wherein there is this memorable passage in relation to their subversion of all antient fundamental laws . cuinam hominum ignotum est iesuitas nocte dieque , nil meditari aliud quam qua ratione modove , prisca statuta queant , patriasque evertere leges ; inque locum antiquis totum in contraria nobis , iura dare ; & sanctos privata ad commoda ritus ▪ fl●ctere ; nulli unquam quod post mutare licebit ? &c. m. prynne considering all these particulars , and knowing that this sodain re-assembly of the old eiected republican members , now sitting , originally proceeded from the jesuits projection , sollicitation , and anabaptistical sectarian party formerly combining with them , in all their proceedings against the late king , ( at whose execution the * queens own conf●ssor was present in a soldiers habit , flourishing his sword when his head was off as well as other iesuits , popish priests , overjoyed with that spectacle ) the secluded members , the house of lords , and transformation of our kingdom into a commonwealth , to accomplish their remaining designs , left unfinished ; pro●ected in terminis by * father parsons and the jesuites , and violently pursued in the short mock-parliament nominated at whitehall by the army-officers themselves , . viz : to eradicate the national church , ministers , ministry of england , advowsons , tithes , glebes , with parochial churches , chapels , as antichristian , and leave not one stone of them upon another : which iohn canne ( the new-voted diurnall-man ) in his voice from the temple , then dedicated to them , particularly excited them to , with all speed and earnestness , as their generation-work , expected , required of them by god and all the saints of the land ) to sell all the crown , colleges , vniversities , and corporations lands yet remaining , to support and pay the iesuited army ( kept up so long on purpose to ruine , eat us out . ) m. prynne thereupon , held it his bounden duty , both as a m●mber , lawyer , englishman , and former patriot of his countries liberties , against all iesuitical vnderminers of them and our protestant religion , truly & fully to discover the same to the whole english nation , army , and those now sitting ; and to press it home upon their consciences by this his narrative , whether they will hearke● to , believe , obey it , or not , since he was forcibly secluded from doing it by speech : having sufficient warrant , encouragement , and protection for it , ( as he apprehends ) from god himself , ezech. . , , . and jer. . , . for they are hard of face , and stiff hearted ; therefore ( son of man ) i do send thee unto them , and thou shalt say unto them , thus saith the lord. and they , whether they will hear , or whether they will forbear , ( for they are a rebellious house ) yet shall know , that there hath been a prophet among them . and thou son of man , be not afraid of them ; neither be afraid of their words , though briers and thorns be with thee , and thou doest dwell among scorpions ; be not afraid of their faces , nor be dismayed at their looks , though they be a rebellious house . and thou shalt speak my words unto them , whether they will hear , or whether they will forbear . but thou son of man , hear what i say unto thee ( and o that all the seduced army , republican members and their confederates would now hear and obey it too ) be not thou rebellious like that rebellious house . for behold i have made thee this day , a defenced city , and an iron pillar , and brazen walls against the whole land , against the princes thereof , and the priests thereof , and against all the people of the land ( engaged against thee and thy true good old cause ) and they shall fight against thee ( by sundry scurrillous pasquils , petitions , slanders , reproaches , and armed secluding guards ) but they shall not prevail against thee . for i am with thee , saith the lord , ( as well now as in all former engagements , trials for this good cause ) to deliver thée , the assurance whereof hath made him so resolute , as singly by himself , to encounter an whole armed host and house , at once , and throuh gods blessing to rout them in a manner by his bare presence , and their good old cause in a great measure by his single opposition : the a sole praise whereof he desires to render wholly and solely b to the lord of hosts , and c god of the spirits of all flesh , and not in any kind or part to himself , d a meer worm and not a man , an earthen vessel ; yea one of the weak , base , despised things of the world , and a thing that am not , whom yet god can and may make use of , to confound the things that are mighty , and to bring to nought things that are , that no flesh shall glory in his presence , and that the excellency of the power might be of god and not of him ; who h●th promised , that e one of his faithfull people shall chase a thousand , and two , put ten thousand to flight , ( in a true good old cause and quarrel ) for the lord their god he it is that fighteth for them as he hath promised . what then might all the secluded members and old lords house do , and all the well affected orthodox protestants in our three nations , had they but hearts , wisedoms , courage to joyn their counsels and endeavours together , ( according to their solemn league and covenant ) to vindicate their true old cause and parliamentary privileges , against all inconsiderable oppugners and subverters of them . mr. prynne ; having neither wife nor child to provide for , not much to care for , and never yet desiring any new office , advancement or employment in this present world , nor receiving the least reward for all his faithfull publick services , nor recompence for his manifold losses , sufferings , expences for the publick to whom he hath ever been a faithfull unmercinarie servant , is in good hopes , that the serious perusal of the premises , will convince the good old cause now cryed up , to be a cheat of the iesuites put upon the army , ( as hugh peters apprehends , stiles it in his letter , the th . of this may , to a chief officer of the army , ) and also wipe of all the mis-reports , scandals , reproaches , censures , yea acquit him from the heavy charge of sedition , mutiny , treason , against the infant house and republick , cast upon him for his actions or discourses here related , by those who are reallie guiltie of these crimes in the highest degree , by subverting our antient kings , kingdomes , kingship , parliaments , peers , privileges , laws , liberties , properties , oaths , by their iesuitical plots and innovations , and making a prey of all the publick wealth , lands , revenues of the crown , to enrich themselves , and maintain a seditious army , utterly to devour the small remainder of our publick and private wealth almost drained to the dregs ; and betray us into the hands of our forein enemies , when they have left us neither hearts , hands wills , mony , nor means , manfully to resist their invading power , and reduced us to that slavery , as rather to live under any forein tyrannie , than an g oppressing sword of their own domineering hirelings . as for the thing they stile sedition , it is but h seorsum itio , when a few confederated innovators shall seperate themselves from the general body or assembly of the kingdom , chuch , parliament , house , whereof they are members , and act a part by themselves , as a divided republick , church , parliament , house , without and against the generalitie , and true lawfull members , and seperate them from their company . i and if this be truth , as k our statutes , lawbooks , casuists , canonists , and historians accord , we shall know in whose hearts , house sedition truly dwells . and if l aristotle m aquinas , n angelus de clavasio , and o sund●y others who write of sedition , may be credited ; he who disturbs the rule or government of any unlawfull vsurper is no seditious person , because such a usurped government or power is not ordained for the commo● good , ( whatever pretended ) but for the private advantage of the usurper , therefore the disturbance of such a vsurper hath not the reason of s●dicion ; yea , it is to be commended , because it freeth the generality of the people from a tyrannical power usurped over , or forcibly imposed on them against their wills , and it is the ●surping tyrant only who truely is seditious , as they all define in direct words . and whether mr. prynne and other secluded members and lords , being ●ive times their number , or those who seclude them be seditious , let the whole kingdome resolve . mr. prynne not knowing whether he shall have the like opportunity again , shall for a conclusion of this narrative addresse himself , and direct some things he intended to have spoken . . to the army-officers and souldiers , remember i beseech you in the bowels of jesus christ , what your own army-chaplain iohn sedgewick in his iustice upon the armies remonstrance , from st. albons , nov. . . and rebukes of that evil spirit that leads them in their counsels and actions , hath written to them therein , and to the lord fairfax then general , and the general counsel of war , in his epistle dedicatorie to them , when they first espoused their present good old cause . his words are home and piercing , destruction you practise , it is your work , it is your end , you cannot see beyond it , and you are hastning to it , it is the center to which you tend , and therefore i cannot but shew it to you , that you may stay your course before the pit shut her mouth upon you . you are full of glorie in the great things you have done , wonderfull thing ! a mighty presence of god. but in sum what is it ? you have torn a poor sinfull kingdom in pieces , you have executed wrath upon your brethren , friends , and countrymen , you have laid desolate your father the king , the parliament , your mother , your own country : this is your glorie to be executioners , assyria the rod of mine anger , what a crown is this ? have you restored , blessed , healed , comforted , saved any ? no , you have but plunged the kindome and your selves into a pit of darknesse and confusion . you drive furiously over the king , parliament , laws , conscience , loyalty , privileges , so as no human nor sacred thing can stand before you . it is high time to withstand you , for it is not men onlie that suffer from you , but the lord : your sword goeth so deep that it pierceth through his soul also : you are gone is farre in dissolving the foundations of government , that you are come to him who upholds the pillars of the earth : you reach to the head of principalities , and powers ; to the lord who is the author and upholder of all these things . he is in these despised broken ordinances of his , and sensible of everie blow that is given to them : you have digged through the wall of flesh and men , and through the partition wall that divided them from god , and now you are in the bowels of the lord ; these miserable broken powers are now the lord. go on , tear and rend , you will at last look upon him whom you have pierced , and mourn . o that you would now do so in good earnest , as you pretend only in your declaration of may . . and a yet go on still in your former trespasses , for which god will wound your hairy scalps . o consider , that jesus christ , whose servants ye pretend to be , is both a b king of glory , & a c king of saints : that the gospel you professe is the d gospel of the kingdom , ( not republick ) yea , the e kingdom of god , and of heaven in gospel-language : that his church whereof you pretend your s●lf members , is frequently styled a f kingdom , never a common-wealth ( or at least bnt g once , and that not in opposition or contradistinction to a kingdom , which is the first excellentest of all common-wealths , as h heathen philosophers , polititians and devines accord , ) but as the verie same with it : that the saints themselves are styled , the i children of the kingdom , ( not republick ) k companions in the kingdom of christ , even in this world ; yea a l kingdom of priests , a royal priesthood ; nay kings and priests to god the father , and that by christs own constitution . consider yet further , that heaven it self , into which you expect at last to enter , is ever stiled m the kingdom of heaven , n an heavenlie and everlasting kingdom , a o kingdom which cannot be moved , a p kingdom which shall have no end ; ( never a common-wealth ; ) that in this kingdom we read of nothing but q crowns , scepters , thrones , robes of glory and majesty , and of r reigning in it for ever and ever . that christ himself hath promised , appointed , and his father given to all his saints the s kingdome of heaven . upon which account they are now stiled t heirs of the kingdom , and shall hereafter u inherit & possesse this kingdom , receive the crowns , wear the royal robes , sit upon the thrones provided for them in it . how then have the enchanters of rome , spain , france , so far infatuated your understandings , blinded your judgements , intoxecated your brains , perverted your wills , corrupted your affections , seared your consciences , engaged your unrulie passions , as notwithstanding all this , to make you bedlam madde , against all kings , kingship , kingdoms , crowns , scepters , thrones , principalite● , and kingly power , as to a abhor , and engage against both the things themselves and their verie names , yea to extirpate them root and branch , against his expresse evangelical precepts , word and practise of all his saints in either testament , to dote upon such a strange vtopian common-wealth , and new freestate , the verie names whereof , much lesse the things , you find not once in scripture in your sense , and never yet read of in the militant or triumphant church of christ. let mr. prynne a little expostulate the case with you , not as a lawyer but as a christian. do you indeed believe the scripture , to be the very will and word of the x great king , the soveraign lord , and iudge of all the earth , and of jesus christ , y the king of kings , the lord of lords , and king of saints , which you are bound in conscience , under pain of eternal damnation to believe and obey ? if not , proclaim it as lo●d to the world with your voyces , as you do by your sworde , actions ; and then all will know you in your native colours , to be no saints but real atheists , and all reasonings with you will be in vain . but having better perswasions of you , that you believe the scripture to be the only rule of your consciences , iudgements , lives , both as souldiers and christians . then answer clearlie to these interrogations ; the lord of hosts himself most peremptorilie and preciselie commands you , to fear god , honour the king , pet. . . rom. . . yea to fear the lord and the king , ( coupling both these together as unseperable ) and not to meddle with those who are given to change , prov. . . how can , how dare you then dishonour , vilifie , reproach , destroy , both your natural kings , and kingship too , without the least fear at all of god or the king , and change them into a new republican conventicle ? he commands you to subject your selves to the king as supream , both by the ordinance of god and man , and that for the lords sake : and avoiding scandal to religion , pet. . , . to be subject to the higher powers , and amongst them more especiallie to kings and principalities ; and that not only for fear of wrath , but for conscience sake , for these reasons clearlie expressed : because they are of god , and ordained by god : because they are the ministers of god for your good . because they are gods avengers to punish you , if you disobey , resist , or do evil ; because they who resist them resist the ordinance of god , and shall receive to themselves damnation , rom. . . to . tit. . , . vvith what face , heart , confidence , conscience , then can or dare you , not onlie not submit , subject your selves to , but exalt yon● selves above , against your lawfull soveraign kings , and higher powers , so far as not onlie to re●ist , but destroy their persons , powers , kingships , principalities themselves though gods own ordinance ? and that out of pretended zeal and conscience too ; and hope to receive a crown on earth , or in heaven for it , when as god himself denounceth damnation to you , for your verie unwarrantable resistance of them alone , and much more for their destruction . god requires you to make prayers , supplications , intercessions , and giving of thanks first of all for kings , that you may live a peaceable and quiet life ( under them ) in all godliness and honestie , for this is good and acceptable in the sight of god our saviour . to make prayers to the god of heaven for the life of the king and of the kings sons , ezra . , . to pr●y with all the primitive church and saints of god , psal. . . give the king thy judgement o god , and thy righteousness unto the kings son : how can , how dar● you then , not onlie neglect these duties , but prohibit , condemn , punish them , as no lesse than high treason in others ? and not onlie fight , but curse , revile , pray against the king , and the kings sons too , and take away their lives , livelihoods , instead of praying for them , reputing it both your godlynesse , honesty , yea a duty acceptable , and well pleasing unto god. e hear heavens , and tremble o earth at this great impietie ; god commands you eccles. . . to keep the kings commandement , and that in regard of the oath of god : and dare you against all your oaths of fealty , homage , supremacy , allegiance , protestation , league , covenant , printed declarations , and your own propositions august . that the kings person ( and royal issue ) may be restored to a condition of safety , honor , and freedom in this nation , without diminution of their personal rights both abjure , eradicate king , kingship , and the royal posterity ; f that you may no more keep nor obey anie of their superior commands , and prefer the commands of anie undutifull army-officers , ( raised onlie to defend the king and parliament from all force and violences ) before both their ordinances , proclamations , commissions , votes , to both their ruines ? god injoyns you not to curse the king no not in your thoughts , & not to revile or speak evil of the ruler of your people , eccles. . . exod. . . acts . . tit. ▪ . and can you , like those wicked idolators , isay . . curse your king and your god , and look upward : and like those unjust , carnal , bruitish beasts , ( made to be destroyed , and reserved to the day of iudgement to be punished ) despise dominion , speak evil of dignities , kings , kingship , pet. . to . jude , , . for which the ●ospel it self denounceth , woe unto you , perishing in the gain-saying of core , jude . that you shall utterly perish in your own corruption , and receive the reward of unrighteousnesse , pet. . , . christ himself more than once enjoyns you in the ●ospel , to render to caesar the things that are caesars , to wit , all his dues , tributes , custom , fear , honor , mat. . , . mar. . , . lu. . , , . rom. . . how can or dare you then wrongfully forciblie take away and detain from your rightfull king & caesar , not onlie all these his dues and crown-lands too , but his verie crown & life to boot , & instead of making restitution of them to his son when he came to demand the fruits of his fathers vineyard , do and say with those wicked husbandmen in the gospel , mat. . , . lu. . . this is the heir come let us kill him , and the inheritance shall be ours , and cast him out of the vineyard . o remember the sad doom which christ himself and all his auditors have denounced against you for it in these texts , & luke . . then tremble at it . if all these precepts will not affect nor reform you , consider , that it hath been the general constant importunate desire of all nations , and gods own people too , ( wherin god himself hath gratified them ) to set up kings to judge , rule them , and fight their battels , deut. . , . sam. . . , , . ier. . to . for all the people unanimouslie to rejoyce , and expresse their gladnesse , contentment , satisfaction delight , triumph , at their kings solemn inaugurations , with trumpets , feasts , shouts , acclamations ; & to eccho out this unanimous publick ovation , again and again , god save the king , let the king live , o king live for ever , and to use the self-same expressions in all their private and publick addresses sam. . . sam. . . kings . . , . kings . . chron. . ezra . . psal. . , . dan. . . c. . . c. . . . mat. . . . and will you be antipodes to all other nations , yea to gods own people in all ages , and cry out still with united shouts , o do not save but destroy , crucifie , behead , extirpate , king and kingship too ; away with them , away with them from the earth , let them never live but die , die , and that for evermore ? what madnesse , what frenzie is this ? when the wicked iews cryed out to pilate against our saviour iesus christ , ( who was born king of the iews , mat. . . ) away with him , away with him , crucifie him , crucifie him . pilate himself used this argument to represse their furie , g behold your king , shall i crucifie your king. at which they were so non-plussed , that their chief priests had no other answer but this to evade it , we have no king but caesar , if thou let this man go thou art not caesars friend , whosoever maketh himself a king speaketh against caesar : upon which he delivered him over to them to be crucified . and when pilate put this title on his crosse , iesus of nazareth , king of the iews , the chief priests were angry at it , and said to pilate , write not king of the iews , but that he said , i am king of the iews ; being all convinced , that it was a most barbarous , shamefull , inhuman , worse that jewish act , for any s●bjects or people to crucifie their lawfull king , though in a way of publick justice ; whence the apostle thus reasons , cor. . . that had the princes of this world , ( and iews themselves ) known or believed christ to be their king ; they would not have crucified the lord of glory , and shall you not prove then far more transcendently impious , treacherous than the worst of iews , of mortals ; not only in your former crucifying , beheading your undoubted , known , lawfull , hereditary king , which they abhorred to do , but his kingly office and posteritie too ; if you cry still , away with them , away with them , wittingly , willfully , uncessantly , their bloud be on us and our children after us ; and will not the wrath of god come upon you and yours to the uttermost for this your high provocation , as it did upon these iews , if you doe not speedily repent of it ? thess. . , . it was the loyalty , piety of david , ( a man h after gods own heart , a gallanter commander , souldier , conquerour , than the best and greatest of you ; ) when he was persecuted in the field by his soveraigne king saul and his armie , hunted as a partridge from place to place to take away his life , and had several opportunities to destroy him without danger put into his hands , and was twice importuned by his rude souldiers , to slay him , or permit them to doe it ; that he rebuked this evil spirit and counsel in them , and gave them this answer , the lord forbid that i should do this thing unto my master , i that i should stretch forth my hand against the lords anointed , seeing he is the anointed of the lord , destroy him not , for who can stretch forth his hand against the lords anointed and be innocent : and when the amalekite brought tydings to him of sauls death , telling him , that he had slain him by sauls own command ; and presented him with his crown and bracelets k expecting a great reward from him for those good tydings , being formerly anointed by god to succeed him : he gave him no other answer nor reward but this ; how ? wa st thou not afraid to stretch forth thy hand to destroy the lords anointed ? thy bloud bee upon thy head , for thy mouth hath testified against thee , saying ; i have slain the lords anointed . and he called one of the young men and said , go near and fall upon him ; and he smote him that hee died . and david and all the men that were with him rent their clothes , and lamented with a most pathetical lamentation over saul ; recorded for ever in sacred writ , sam . . to the end . the like reward he gave to the murderers of ishbosheth his competitor , sam. . , , . and can you then conceit you were guided by the holy spirit of god which dwelt in david ? or that you deserve the title , of men after gods own heart , of saints , of honorable , pious commanders , soldiers , for speaking , declaring , acting against your k. diametrically contrary to him in all these particulars : and glorying in it as your highest praise , valour , saint-ship ? his tender heart l smote him to the quick , for cutting off only the skirt of king sauls garment privily , ( when he refused to offer the least violence to his person , as his soldiers counselled him ) because he had cut off saul skirt : and will not your adamantine hearts , ( m harder than the nether milstone ) yet smite you with the least compunction for cutting off king charles his head publickly , and parting not only his garments amongst you , ( as the n souldiers did our saviours , when they crucified him ) but his crown and kingdoms too ? after david succeded saul in his throne , his captains , souldiers , people , were so carefull to preserve his life from the least appearance of danger , that when he would have gone out to battel against his rebellious son absolom , who usurped the crown : they answered him , thou shalt not go forth , for if we flye away or half of us dye , they will not set their hearts on us , but now thou art as ten thousand of us ; yea they swore to him at another time , thou shalt no more go out with us to battel , least thou quench the light of israel , sam. . . and when absolom was slain , all the people were at strife through all the tribes of israel , saying , absolom whom we anointed over us is dead in battel : now therefore why speak ye not a word of bringing the king back ? whereupon they earnestly contended who should be the first that should bring back the king , to reinthrone him , sam. . , , , , , , . and can you then not only professedly go out to battel against the king himself & parliament too , against all parliament-votes , ordinances , declarations , commissions , by which you were raised , for their mutual defence : but destroy and slay them both , in cold blood , after the battel ended by a friendly treaty , to prevent all accord between them , and instead of bringing the king again to his royal city , parliament , throne , in peace and safety from the isle of wight , not speak one word thereof , but bring him only back again , to a most disloyal , illegal bloody execution , & not repent of , but persevere in this unparallel'd treachery against his son , even after your anoynted absolom ( who engaged you in these unsaintly , unsoldierly , un-english treasons ) by the * stroke of god himself is dead , and his son set aside by your selves , through divine retaliation ? in few words , can it ever be your honor , glory , as saints , to be the instruments , executioners of gods wrath and vengeance upon your own native kings , kingdoms , churches , countrie , to oppresse , consume , and eat out all their publick , private wealth , revenues , and burthen them with endlesse taxes , excises , to maintain your needlesse , uselesse forces , only to over-awe , o overturn them all , yea our parliaments , laws , liberties , with your own new-modelled governments , and governors too , one after another , till they all be brought to total and final desolation ? to do the works of assyrians , babilonians , turks , gothes , vandals , p the roddes of gods anger , his battel-axes , the staff of his indignation , to shake , destroy churches , kingdoms , nations , persons , and make them desolate ; yea worse than the worst of these , who never shoke , destroyed their own kings , kingdoms , countries , but their forein enemies or neighbours , against whom q god sent them in his wrath , for their crying provocations , to break them in pieces and tread them down like mire in the strees ? if you repute this your glory , and resolve to persist therein , without speedy and sincere repentance of the mischiefs you have done , consider and read over , over and over again at your leasure , the taunting proverb , severe judgements , divine and final reward , menaced to , inflicted by god himself by an irreversible decree , and irresistable power , upon the king of babilon himself , his royal posterity , the city of babilon , the whole assyrian host , nation , kingdom , for shaking , destroying , breaking in pieces other kings , kingdoms , nations , and gods own people too for their sinnes , ( as you have served your own kings , kingdoms , churches , parliaments , nations , laws , liberties , against all oaths , and obligations , to the contrary ) recorded at large in sacred writ , isay , . . to . c. . , . ier , . , to . ch . . throughout . and then sleep quietly in your beds , and blesse your selves in these your successefull wickednesses if you can ; in respect of your present earthly prosperity , or your posterityes after you . as for your eternal estate in another world , consider that dismal text , psal. . , . a brutish man knoweth not , neither doth a fool understand this : when as the wicked spring as the grass , and when all the workers of iniquity do flourish , it is that they shall be destroyed for ever . & ps. . , . it hath been your businesse of late years , and now again , ( after your seeming repentance for it in your new declaration , may . ) to shut our kings , lords , honestest faithfullest members of the commons house out of parliament , and forcibly to seclude them when they knocked for entrance , yea to cast some of them into hell , and other prisons for discharging their trusts , and mr. prynne beyond all others . o take heed , that when you shall come to knock at heaven gates for entrance , and cry r lord , lord , open unt● us , you receive not that answer recorded in the gospel from christ himself ; i tell you , i know you not whence you are , depart from me all ye workers of iniquity into the lowermost hell , and everlasting chains of darknesse , where there shall be weeping and gnashing of teeth ; when you shall see abraham , isaac ( yea the secluded members ) in the kingdom of god , ( which no s murderers , rebellious seditious , vnrighteous covetous persons , plunderers , traytors , no pernitious destroyers , subverters of kings , kingdoms , parliaments , shall inherit , ) and your selves shut out for ever . you all pretend you are setting up christs kingdom , and propagating his gospel amongst us by your arms , swords , pistols , and army predicants : but we read in the gospel , t that the souldiers armed with swords , staves , spears , were the only officers and persons imployed to apprehend king t iesus himself , and bring him to justice before pilat . the only men who stripped him of his own garments , put upon him a scarlet robe , then plotted and set a crown of thorns on his head , instead of a crown of gold , put a reed into his hand instead of a scepter , & then mocked , spit in his face , reviled , buffetted , and bowed their knees unto him in scorn , saying hayl king of the iews , and led him away to crucifie him ; after which they gave him vinegar to drink mingled with gall , ( instead of a cordial ) crucified him , then parted his garments ; casting lots . after this they set a watch upon his sepulchre , lest his disciples should take him thence . and when he was risen from the dead , to smother the truth of his resurrection ; the chief priests taking counsel together , gave large mony to the souldiers , saying , say ye his disciples came by night and stole him away whiles we slept : so they took the mony and did as they were taught , and this their lye is commonly reported among the jews till this day , these things truly the souldiers did , as the evangelists record to their perpetual honor . after which herods men of war and souldiers ( who likewise set christ at naught , mocked him , then arrayed him in a gorgeous robe , and sent him to pilate to condemn , lu. . . ) stretched forth their hands to vex certain of the church , killed iames the apostle with the sword , apprehended peter and put him in prison , where he was guarded day and night with four quaternions of souldiers , to prevent an escape , acts . . to but that ever they did set up christs kingdom , and propogate the gospel by their swords and arms otherwise than this , the gospel it self is silent : yea u god himself in precise terms resolves , that men of war , who have fought great battels , and spilt much blood upon the earth , ( though against his enemies ) shall not be at all honoured , employed in building of his temple . yea this is the expresse word of the lord to zerubbabel , when gods house was to be rebuilt , and his kingdom propagated ; not by army , ( so the hebrew and margin render it ) nor by power , but by my spirit , saith the lord of hosts , is this work to be done ) zec. . . our saviour christ is both the x king , and prince of peace : his gospel the y gospel of peace : his apostles and ministers z ambassadors of peace : and his kingdom consists a in righteousness and peace . now nothing is more b directly opposite , destructive to , inconsistent with this peace , to the king , prince , gospel , ambassadors , and kingdom of of peace , as armies , souldiers , war , arms : and therfore it is observable , that when our saviour sent out his disciples to preach the gospel , and set up his kingdom , he did not make choyce of captain● of thousands , or hundreds , nor yet of souldiers or armed men : but of mean c fisher-men , and others altogether averse from war ; commanding them in expresse terms , to take neither gold , silver , nor brasse in their purses , nor scrip , nor two coats , nor yet staves , ( much lesse sword , pikes , horses , pistols ) nor any thing else belonging to a souldier , no offensive or defensive arms , at the most but a single d walking staffe , like travellers , to help , support them : yea christ expresly resolves , that his ministers are and must be no fighters , no strikers , nor strives , ( much lesse than professed warriers ) iohn . . tim. . tim. . . they have no sword , but that of the spirit and their mouth , the word of god ) and fight with it only against mens sins lusts , not persons eph. . . heb. . . rev. . , . yea when peter once did but draw his sword to defend king jesus against the souldiers , who came with swords and staves to apprehend him , he said unto him , mat. . put up thy sword again into its place , for they that take the sword shall perish with the sword : nay the state of the gospel is so inconsistent with souldiers , arms , war , that upon the sincere profession of it , god requires the professors thereof , to beat their swords into plowshares , and their spears into pruning-hooks , nation shall not lift up sword against nation , neither shall they learn vvar any more ; but to live in peace with all men , and keep the unity of the spirit in the bond of peace , isay. . mich. . . luke . . cor. . . c. . . gal. . . cor. . . eph. . . col. . . thes. . . heb. . . never was the kingdom , gospel , church of jesus christ promoted , advanced in any age or place by war , & swordmen ; but many * churches have been utterly destroyed , extirpated , depraved , corrupted ; none ever edified , planted enlarged , much lesse reformed by them . our present armie-saints , and new military-apostles by their fighting , praying , preaching , fasting , instead of promoting the gospel , protestant religion , and church of england , have almost totally subverted them , by * broaching , countenancing , protecting all sorts of heresies , blasphemies , sects , schisms , errors , opinions , religions , setting up new conventicles of sectaries , seducers in all places , opposing , slighting , traducing the very church , doctrine , ministry of england ; the very function , ordination of ministers , by decrying , detaining their tithes and former maintenance , as litigious , jewish , antichristian ; by swallowing up all the lands , revenues of bishops , deans , chapters , arch-deacons , and a great part of our ministers maintenance by sequestrations , and monthly contributions to maintain their army evangelists , now ready to swallow up the remainder that is left , and continuing in a body for that purpose , by the very jesuites instigation , who not only professedly teach in their publick university at madrid , the art of war by land and sea , the making of guns , gunpowder , fireworks , all manner of military engines , of which they read lectures , as most agreeable to the name , profession of their martial father ignatius , as e alphonsus vargas a spanish priest records ; but boast , f that the general of the iesuites , can bring into the field more souldiers , of his own order , in a shorter time than any christian king whatsoever : and likewise expresly affirm , that their gopsel and religion is to be propagated , set up ; the heretiques , and evangelical sectaries , who resist them , refuted , extirpated , abolished with fire armies , sword and war , in england & elsewhere , as iacobus cruciger ( rector of the iesuites at lansperg ) in his explication of the rules of their order , paulus windeck , de extirpandis heresibus antid . , . p. , , . thuanus , hist. l. . p. . l. . p. . franciscus verona . apol. pro iohanne castle . par . . c. . hospinian , hist. jesuitica . l. . p. , , . hasenmullerus , hist. jesuit . c. . & spec. jesuiticum , p. . unanimously attest . o then discern at last whose gospel , kingdom , you are now propagating by your army , arms , and westminster conventicle , not iesus christs , but the very jesuites , his greatest underminers . many of you ( especially millinaries , and fifth monarchy-men , ) pretend , that jesus christ is now comming to reign personally on earth a thousand years , and that you shall all reign together , as ioynt-kings with , or vice-royes under him . but the setting up of a new republick and aristocracy , is wholly inconsistent with this kingdom and monarchy of christ you now expect ; which suites only with a temporal king and kingdom . how this opinion will accord with christs own description of it , john . . my kingdom is not of this world , or pauls , rom. . . the kingdom of god is not meat and drink , ( nor yet arms and armies , ) but righteousnesse and peace , and ioy in the holy ghost , ( which souldiers , armies usually destroy , not produce , or propagate ) let those who maintain it , consider . when mr. prynne was kept close prisoner in pendennis castle by iohn bradshaws and our new republicans illegal warrant in july , . some four dayes after his imprisonment there , divers officers and souldiers of the garrison , who had long debated every day for sundry months before , their present expected personal reign of christ on earth , repaired to him , to know his opinion concerning it , as he was taking fresh air in the bowling-alley , standing in a ring about him : upon which he first demanded their opinions of it : when they had all fully uttered their conceits in the affirmative with much confidence ; m. pryn briefly answered , that now they had beheaded one of our kings , and almost conquered another , and our . kingdoms , they thought , talked of nothing but being all kings themselves , and of reigning personally on earth cheek by joll with christ himself , as his fellow-kings , no earthly king being fit to be a companion for such transcendent sublimated saints as they thought themselves . but they were all most grosly mistaken : for that very text of rev. . , . ( which he read out of one of their bibles ) whereon they principally grounded their opinions and reign , was pointblank against them . and i saw the souls of them that were beheaded , ( not of them who took off their own christian protestant kings and nobles heads ) for the witnesse of iesus , and the word of god , and which had not worshipped the beast , nor his image , neither had received his mark upon their foreheads , nor in their hands , and they lived and reigned with christ a thousand years : ( is it not added on the earth , and chap. . . rather proves their reign to be in the new ierusalem in heaven . ) but the rest of the dead , ( who were not thus beheaded ) lived not again , ) ( much lesse then reigned with christ , ) till the thousand years were past . by which it is most apparent , that if christ shall reign personally on earth for a thousand years , as they all conceived , and that this time was now at hand : yet not one of them should , or possibly could reign with him , if this text be vmpire : for the words are most positive , that none else shall thus reign with iesus chris● a thousand years , but only the souls of those who were beheaded for the testimony of iesus christ , & c. it b●ing expresly averred in the affirmative ; then in the negative , but the rest of the dead lived not till the thousand years were past . upon which account , the late king , and other protestants whose heads they had cut off , and those godly christians they had slain , murdered in the wars ; and perchance himself and others who had lost their ears , liberties , estates , and were shut up close prisoners , for the testimony of iesus christ , and had not worshipped , but opposed the beast of rome , his image , superstitions , innovations , proceedings against the late king , parliament , religion , nor received the mark of the beast in their foreheads or hands , might peradventure reign with christ a thousand years . but as for themselves and other army saints , who made it their businesse , and reputed it their honour , saintship , to cut off the heads of their own christian kings , nobles , brethren ; to destroy kingdoms , parliaments , & their privileges ; secure , imprison , close imprison their members , worshipping the very beast and his image , and visibly receiving his mark in their foreheads , hands , by these their jesuitical practises ; keeping up an army and iron-sword still drawn amongst us , to the great oppressing , undoing of their native country , of purpose to keep off the wooden crosse of iesus christ , which he h expresly enjoyned them with self-denying spirits to take up daily , and follow him , and that other crosse , their own consciences tell them , these perfideous , treacherous practises of theirs justly demerit , they could have no ground at all from this or anie other text to reign with christ in his heavenly or earthly kingdom , out of which these their seditious , unrighteous , and bloody practises did eternally exclude them , as the , , . verses of this very chapter , rev. . , . cor. . , , . gal. . , . resolve . therefore if ever they desired or expected thus to reign with christ , they must all presently repent of these their former exorbitances , put off their swords from their sides , take up christs daily crosse , lay down their own heads upon the block , and then willingly chearfully lose them , not for their treasons and rebellions , but for the testimony of iesus christ , and the word of god , and opposition of their former treasonable plots of the beast of rome ; then they might expect to reign with him , otherwise they had no hopes by the resolution of this text , and that parallel'd place , tim. . . . which excellently explains it ; if we be dead with christ , we shall also live with him ; if we suffer , we shall also reign with him : if we deny by him ( by refusing to suffer with or for him ) he will also deny us . with which words these formerly confident swordmen were so non-plussed , that they had not one word to reply , and gave over all future discourses of this subject ever since , being as unwilling to lose their souldiers pay or heads for the testimony of christ , as the i young man in the gospel was , to sell all he had and give it the poor , to gain eternal life and treasures in heaven . lastly , consider , that as it is the highest glory , excellency of god himself , the greatest comfort , felicity , security of his church , saints , that he is the living god stedfast for ever , dan. . . that he is the lord and changeth not , mal. . . that with him is no variablenesse , or shadow of change , james . . that he is the same immutable god for ever , from everlasting to everlasting : that his counsels , thoughts of heart , purposes , truth , faithfulnesse , commands , loving-kindnesse , covenant , stand fast , firm , unalterable to all generations , for ever and ever , psal. . psalm . , . psalm . . psal. . , . lam. . . hebr. . . psal. . . so it is the most transcendent honour , dignity , glory of god the fathers , and jesus christs kingship , kingdom , and the chief consolation , exultation , beatitude of their subjects and chosen saints ; that the lord is , and fitteth king for ever ; that he is an everlasting king , which reigns and shall reign for ever and ever ; that his kingdom , dominion , throne , are all everlasting , established , and enduring for evermore , for ever and ever , throughout all generations ; that they cannot be moved , and shall have no end , psalm . . psal. . . psal. . . psal. . . psal. . . psal. . . isay. . . dan. . , . c. . , . jer. . . mar. . , lu. . , . pet. . . rev. . . hebr. . . lam. . . so also it is the praise , honour , glory of all nations , churches , people , kingdoms , governments , aud every particular person , both as a man , christian , counsellour , or publick minister of state , to be constant , stedfast , fixed , resolute , immoveble , and unchangeable in their oaths , religion , worship , faith , principles , counsels , resolutions , courses , when true , just , honest , upright , sincere , commendable , and in their kingly , publick government , evidenced by its antiquitie , the experiences of many successive generations to be beneficial , safe , just , profitable , honorable for the gegeneralitie of the people , and firmlie established by laws , oaths , covenants , prescription , with all other civil and sacred ratifications : as is most apparent by josh. . , . to . psal. , . . chron. . , , . prov. . . psal. . . psal. . , , . ps. . , . jer. . . rom. . , , , , , . cor. . . cap. . . heb. . , . col. . , , . thess. . . c. . . eph. . , . col. . . acts . . c. . , . rom. , , . pet. . , , . tit. . . chron. . , . c. . , , , , . c. . , , , , &c. c. . . c. . , . . sam. . , , . chron. . , , . to . c. . . chron. . . c. . . ez. . . prov. . . worthy special observation . but it is the sinne , shame , reproach , infamy , dishonor , ruin of any nation , church , people , kingdom , state , counsel , person , to be addicted to changes , unstable , variable , unconstant , fickle , mutable , tossed to and fro , backward and forward , upward and downward , this way and that way , like children , fools , reeds , vanes , weathercocks , empty , clouds , wandring stars , the restless sea and its waves , tossed and turned about with every wind and storme ; like wild asses , dromedaries , traversing their wayes ; or whorish women gadding about to change their lovers , wayes , and doting upon every novelty or new lover they meet with , as gen. . . ps. . , , . to . ezech. . . to . jer. . . to . pro. . . . jam. . . . hab. . , . pro. . , . isay . . ps. . . mat. . . rom. . . . acts . . pet. . , , . to . c. . . tim. . , . eph. . . jude , , , , . resolve . why then are yon alwayes ringing the changes in our churches , kingdoms , parliaments , government , religion , modelling , unmodelling , chopping , changing , altering , building them up and pulling them down again from day to day , against all oathes , vowes , covenants , laws , establishments , policy , prudence , justice , safety , settlement , by which you become the highest transgressors , gal. . ? is this to shew your selves saints , men of god , or prudent senators or statesmen ? no , no : but to be that generation of spoylers and treacherous men , ( no more to be believed , trusted by any , though you speak fair words , nay swear and vow ) who have spoiled and dealt very treacherously with your brethren and the house of your fathers , ( who raised , entrusted you for their defence and preservation ; ) against whom god denounceth a woe , and answerable retaliation in conclusion : to be spoiled and dealt treacherously with your selves , ( as some of you , your new protector , and those now sitting have been already dealt with , and others who made them treacherous ) is. . . jer. . , , . c. . . yea such neighbors , brethren as will utterly supplant , deceive , slander their very nearest , dearest relations , whose habitation is in the midst of deceit ; whom god himself commands us to take heed of , and not to trust , for they are all an assembly of treacherous , double-minded men , unstable in all their wayes ; empty clouds carried about with a tempest ; raging waves of the sea which cannot rest , foaming out their own shame , casting out mire and dirt ; wandring stars , to whom are reserved the blackness of darkness for ever , as three prophets , and apostles resolve in express terms , isay . , . ier. . , , , , . mich. . , . iam. . , . pet. . . iude , . o therefore now at last repent , repent with greatest grief , shame , horror of this your treachery , inconstancy , and * harden not your hearts as in the day of temptation and provocation , ( decemb. . . & may . . ) when you erred in your hearts , & wandred out of the way of god , peace , truth , justice , righteousness , honesty , piety , duty , into * such iesuitical paths , wherein there is nothing but wasting and des●r●ction ( as god resolves , & all men find by years sad experiment , ) else he will swear in his wrath , you shall never enter into his rest . if these evangelical , scriptural expostulations will not perswade you , to sound a present retreat , & sue out a bill of divorce from your false good old cause for our future publike safety , peace settlement ; m. p. shall then intreat you to believe your own declarations : in your last , may . . you truly declare to the world that the only wise god in the course of his providence , hath disappointed ; all your endeavours , and rendered all ( your ) means to obviate the dangers and settle these nations in peace and prosperity , vtterly ineffectval . will you know the true reason of it ? it is because ever since you have interrupted and forcibly dissoved the treaty of peace between the late king and his parliament , decemb. . . you have walked in such crooked counsels , pathes of iniquity , bloud , violence , treason , destruction , as whosoever goeth therein shall not know peace , and have neither known nor pursued the true way of peace ; as god himself resolves you , if you dare credit him , isay . . to . which you may do well to study . if you will not believe god , nor mr. prynne herein , pray then believe your own selves , whiles in your right senses , before the good spirit of god departed from you , and now pursue that only way to our peace and settlement you then at least . times successively prescribed . in your humble remonstrance from his excellency and the army under his command , presented to the commissioners at st. albans , june . p. . these are your own printed words : we doe further clearly confess , we do not see how there can be any peace to the kingdom firm or lasting . without a due consideration of and provision for the rights , quiet , and immunity of his majesties royal family and late partakers . and herein we thinke that tender and equitable dealing ( as supposing their case had been ours ) and a spirit of common love and iustice diff●sing it self to the good and preservation of all , will make vp the most glorious conquest over their hearts ( if god in mercy see it good ) to make them and the whole people of the land lasting friends , the like words , expressions to the same effect you use in your representation of the army , iune . & in your generals letter to both houses of parliament , iuly . declaring it the general sense of all or most of the officers of the army , to avoid all harshness , and afford all kind usage to his majesties person , family , aud late party ; as the most honourable , prudent , and christian way and the most hopefull course , to take away the present and future seeds of warr amongst us to posterity ▪ and to procure a lasting peace and a government in this distracted nation : and in your proposals aug : . for the settlement of a firm peace , you have the like expressions again : as mr. prynne in his speech in parliament , dec. . . ( p. , , , . ) evidenced to the house of commons , perswading them to pursue this only way of peace , and not your quite contradictory remonstr : nov. . ( when debauched by the iesuits , the only way to unsetlement , tumults , warres , desolation ) as experience hath now sufficiently demonstrated . o therefore now at last embrace , pursue this true and only way to safety , peace , settlement by your own quadruple resolutions : and then we shall soon have peace , quietness safety , and assurance for ever . mr. prynne having thus discharged his conscience towards the army-officers and swordmen ; the primum mobile of all our late , present motions and commotions , wheeling about all the rest , he shall in the second place addresse himself to their subordinate , selected westminster conventicle , now sitting under their force and lure , to act , vote what they prescribe them ; forcibly d separating their old fellow members from their company ; and himself above all others , who hath lost , suffred , spoken , written , acted more from time to time for god , religion , laws , liberties , properties , parliaments , and their privileges , against all iesuitical underminers , than all of thē put together , notwithstanding all discouragements , ingrate requitals from them and others . he shall only desire them in relation to the old and newly secluded members , to answer that one expostularie text , mal. . . have we not all one father ? hath not one god created us ? ( yea one mother , church , countrey engendred , nourished , entrusted us all alike : ) why then doe ye deal treacherously every man against his brother by prophaning the covenant of our fathers ? as for your new erected , revived republike , you so much dote on ; e wherin ye have reigned as kings without ( yea against ) us , and we would to god ye did reign , that we also might reign with you ; he shall desire you for your own , our churches , religions sake , safetie , honour , to consider its papal , jesuitical , antichristian , spanish , french originals , and its sad effects , to their advantage , and the ruine of our religion , alreadie discovered , which you cannot gain say : to weigh his former expostulations with the army-officers , soldiers , and these few scriptural ( to omit manie other political , historical considerations , beyond all refutation , and more to be valued than all politicks of carnal heads or hearts , ) to enamor you again with hereditarie kings and kingship , which you have so rashly , brutishly , perfidiously abjured , out of meer self-ends and interests , having not the least syllable in scripture to justifie either the forcible bloudie manner of erecting , new modelling your illegitimate commonwealth , or your adopting it in the place of our old kingdom and kingship . first of all consider , that as jesus christ himself is a king by birth and inheritance , mat. . . lu. . , . so it is also his supremest , royallest title , attribute in the very gospel , that hee is f king , & lord of kings , lord of lords , the prince of the kings of the earth , and the head of all principalities and powers : now the abolishing of kings , kingship , princes , lords , divests jesus christ himself of these his most royal titles and soveraigntie ; because he is thus stiled only in relation to earthly kings , princes , lords , who rule and reign over kingdoms , nations , by , for , through , under him , as his ministers , officers , viceroyes , deputies , and are appointed , commissioned , accountable to , judged , removed by him alone ; as subordinate kings were by the emperors , kings of babylon , assyria , parthia , and our edgar , who were stiled king of kings , because kings were subjects to them , held their crowns by , from , and under them , and did homage to them as their subjects , as you may read at large in mr. seldens titles of honour , part . ch . . sect . . and dan : . . , . . c. . . many of these kings losing this title of king of kings , when their subordinate kings and kingdomes revolted , ceased , or escheated into their own hands : in relation to these titles of christ , it is expresly prophecied , ps. . . . the kings of tarshish , and of the isles shall bring presents , ( principally intended , verified of this our island of great britain , which had the first christian king we read of in all the world , lucius ; the first christian queen , helena ; the first and most glorious christian emperor , consiantine the great ; the first christian king who opposed , abolished the popes supremacie , henrie the . the first protestant king who by publike acts of parliament abolished both the pope and poperie , and established the reformed protestant religion ; & the first protestant queen who did the like ; to wit , king edward the . and queen elizabeth ; and more devout pious kings , queens , martyred for religion , canonized for saints , and reputed such in the churches of christ and kalendars of saints , than anie other kingdom or countrie in the world , how great or populous soever , as our own and forein histories record to our immortal honor. ) it then follows , the kings of sheba & seba shall offer gifts : yea , all kings shall fall down before him ( in way of adoration , & by their president and leading example ) all nations ( under them ) shall serve him . how can , how dare you then abolish kings , kingship , lords ( especially in our island ) without committing the highest treason , not only against our kings and lords ; but the lord jesus christ the king of kings , and lord of lords , since regnum angliae est regnum dei , & ipse sibi reges providebit : as our historians inform us : ) and can you resist his power with all your armed forces ? are you stronger than he , when he shall enter into judgment with you for depriving him of these titles ? ly . consider , it is gods special promise , covenant made to abraham the father of the faithfull , gen : . . i will make thee exceeding fruitful , i will make nations of thee , & kings shall come out of thee ; and his extraordinarie blessing on sara , v : . i will bless her , & she shall be a mother of nations , & kings of people shall be of her . ly , it was iudah his blessing , prerogative , gen. . . . thy fathers children shall bow down before thee : the scepter shall not depart from iudah , nor a law-giver from between his feet until shiloh come . ly , when balaam prophecied of the happiness & prosperity of israel , he useth these as the highest expressions thereof , num. . . &c. . . the shout of a king is among them : and his king shall be higher than agag , and his kingdoms shall be exalted : ly , it is recorded by the spirit of god , sam : . . david perceived , that the lord had established him king over israel , and that he had exalted his kingdom for his people israels sake . and when god ( after he made him king over them ) had promised by the mouth of the prophet nathan , sam : . . moreover i will appoint a place for my people israel , and will plant them , that they may dwell in a place of their own , and move no more , neither shall the children of wickedness afflict them , as before time , under their iudges : how did god effect this promise ? but by establishing an hereditarie kingdom amongst them in david , during his life , whom he caused to rest from all his enemies round about : and when thy dayes be fulfilled , and thou shalt sleep with thy fathers , i will set up thy seed after thee , which shall proceed out of thy bowels , and will establish his kingdom ; and thine house and thy kingdom shall be established for ever before thee , and thy throne shall be established for ever , ver : , , . how much holy david was transported , yea ravished with this news from heaven , and with what enlargement of spirit he blessed god for , and prayed for the accomplishment of it , as the greatest blessing and confirmation of his people israel by god himself , v : , , and the highest honor , blessing , to his own house , you may read to the end of the chapter . thus again amplified by him in his speech to his princes , to his captains of thousands , of hundreds , officers , and other mighty men , chron : . . to . the lord god of israel chose me before all the house of my father to be king over israel for ever ; and he hath chosen iudah to be ruler , of the house of iudah the house of my father ; and among the sons of my father he liked me , to make me king over all israel ; and of all my sons he hath chosen solomon my son to sit upon the throne of the kingdom of the lord over israel . and he said unto me , i will be his father ; moreover i will establish his kingdom for ever , if he be constant to doe my commandements and my judgements , as at this day . now therefore in the sight of all israel , the congregation of the lord , and in she audience of our god , keep and seek for all the commandements of the lord your god , that you may possess this good land ; and leave it for an inheritance for your children after you for ever . an hereditarie kingdom being the chiefest means and blessing under god to preserve the inheritances not only of the princes , nobles and mightie men , but even of colonels , captaines , and souldiers themselves , in gods and davids computation ; who lost all they had , by * forsaking their lawful hereditarie kings , and were carried into captivitie . ly , the accomplishment of this promise to david , & his seed , was reputed an extraordinarie blessing to the israelites , not only by king david , solomon , god himself , the people of ierusalem and the whole land , as you may read in the of kings . , , , , , , , , . c. . . . c. . , to . c. . , , , . worthy perusal : but even by foreign kings and queens : witness that memorable letter of hiram king of tyre to solomon , chron. . , . because the lord hath loved his people , he hath made thee king over them . blessed be the lord god of israel that hath made heaven and earth , who hath given to david the king a wise son , endued with prudence and understanding , that might build an house for the lord , and an house for his kingdom . and that speech of the queen of sheba to him , kings . . chron : . . blessed be the lord thy god which delighteth in thee to set thee on his throne to be king for the lord thy god : because the lord thy god loved israel to establish them for ever , therefore made he thee king over them to do iustice and iudgement . and the lord magnified solomon exceedingly in the sight of all israel , and bestowed such royal majestie , honor , and such riches on him and his people too , as had not been bestowed on anie king or people before him , chron : . , , . chron : . . to the end . chap. . . to . neh. . . ly , god himself records by king solomon , prov. . . . a king that sitteth in the throne of iudgment scattereth away all evil with his eyes , and bringeth the wheel over the wicked , prov : . . . the king by iudgement stablishe● the land ; yea the king that faithfully judgeth the land , his throne shall be established for ever : and he resolves definitively against all opponents , eccles. . . blessed art thou o land , when thy king is the son of nobles . ly , god himself doth specially promise the succession and continuance of hereditarie kings and princes as a blessing , reward to his people for their obedience to his commandements , and chief means of their perpetual continuance in houour , peace and prosperity , jer. . , , . &c. . . and it shall come to passe , if ye diligently hearken unto me saith the lord , to hallow the sabbath day , and do no work thereon , then shall there enter into the gates of this city , ( mark it ) kings and princes sitting upon the throne of david , riding in chariots , on horses , they and their princes , the men of iudah , and the inhabitants of jerusalem , and this city shall remain and flourish for ever . ly . it is very remarkable , that though divers of the hereditarie kings of davids posterity were verie wicked and idolatrous , yet god himself ( though * king of kings , who setteth up kings , and pulleth them down , and disposeth of the kingdoms of the earth to whom soever he pleaseth ) by reason of his oath and covenant made to david , would neither remove , nor disinherit them , thongh he did very sorely afflict and punish them for their iniquities , ps. , , , . to . sam. . . to . king. , , , . of this we have a memorable scripture-presidents king. . , , ▪ ahijam king of iudah walked in all the sins of his father , which he had done before him , and his heart was not perfect before the lord his god , as the heart of david his father . nevertheless for davids sake did the lord give him a lamp in jerusalem , to set up his son after him , and to establish ierusalem ; because david did that which was right in the sight of the lord , so chron. . , , . jehoram reigned years in jerusalem , and he walked in the way of the kings of israel , like as did the house of ahab , for he had taken the daughter of ahab to wife , and he wrought that which was evil in the sight of the lord. howbeit the lord would not destroy the house of david , because of the covenant he had made with david , and as he * promised to give a light to him and to his sons for ever ▪ which texts compared with psal. . , , , . infablibly ratifie these thtee conclusions . . that as gods covenant and oath made to david , and his royal posteritie , did not determine by davids death , but extended to all his posterity after him ; so our oaths of fealty , supremacy , allegiance , and solemn league and covenant , made to the late king , his heirs & successors in precise terms , determined not by his death , but remain to his royal posterity , and are perpetually to be performed to them , uuder pain of highest perjury , guilt , punishment , as is most apparent if compared with gen. . . exod. . . josh. . . josh. . , , , , . sam. , , , , , c. . . sam. . , , &c. c. . . to . ly . that the sinnes and wickednesses of davids posteritie , did not cause god himself to break his oath and covenant with them , or jndicially to deprive or disinherit them of their crowns and kingdom , contrary to his oath and covenant , which he held inviolable and immutable , ps. . , . . psal. , . heb. . , . much lesse then may we or any other subjects , who are but men infringe our oaths , covenants to our sacred hereditarie kings and their posteritie for their sinnes or wickednesse , nor disinherit thē of their crowns , scepters , lives , realm , ps. . . ec. . . ly . that a hereditarie succession of kings in the royal line , though many of them be wicked , is yet a special means ordained by god for the establishment , peace , perpetuity of their kingdoms and people : which else would be unsetled , distracted , consumed , destroyed by civil wars , distractions , and usurpers of the crown , destroying , murdering one another , as the kindom of israel was after the revolt of the ten tribes from the house of david , whose * hereditarie kingdom continued at least years after the total destruction & captivity of the kingdom of israel : whose revolt from the house of david produced nought else but a succession of very wicked , idolatrous kings and usurpers , endlesse wars , miseries , publick idolatry , apostacie from god , all sorts of sins , rapines , and perpetual captivity , as the books of kings and chronicles resolve , especially kings . ch . . in which revolt and rebellion , it is observable , that all the priests and levites , and all the godly men throughout the revolting tribes of israel , who set their hearts to seek the lord god of israel , left their possessions and went to ierusalem , and strengthened the kingdom of rhehoboam the son of solomon against the vsurper ieroboam , as the scripture records for their honour , chron. . , , , . ly . upon this verie reason god himself records , that when * athaliah had slain all the seed royal but ioash , and usurped the royal throne for six years space , ioash being but an infant , iehojadah the high priest hid him from this usurper till he was seven years old , and then entring into a covenant with the captains of hundreds , rulers , and levites , they all assembled at ierusalem , & entred into an oath and covenant , that the kings son should reign as the lord hath said of the house of david . upon which they presently brought out the kings son , crowned , and anointed him their king , and said , god save the king. which athaliah the vsurper hearing , run out to the people , and cryed , treason , treason ; upon which iehojadah the priest commanded the captains of the host presently to seize upon her , and cary her out of the temple , and slay all that should follow her ; whereupon they laid hands on her , and carried her forth and slew her : after which iehojadah made a covenant between the king and the people , that they should be the lords people ▪ and all the captains , governors , nobles , and people of the land brought down the kings son from the house of the lord to the kings house , and set the king upon the throne of the kingdom . and all the people of the land rejoyced , and the city was quiet , after that they had slain athaliah with the sword , kings , . &c. chron. . this ‖ ioash being afterwards slain by the conspiracy of his servants against him , amaziah his son , reigned in his stead by hereditarie succession , who when he was established in the kingdō slew his servants that had slain the king his father , but not their children , according to the law of moses . after this * ammon the son of manasses succeeding his father , worshipping his idols , following his sinnes , and trespassing more and more without humbling himself ; his servants conspired against him , and slew him in his own house . but the people of the land slew all that had conspired against king ammon , and made josiah his son king in his stead , ( not disinherited him for his fathers and grand-fathers crying sinnes , ) as the only means ordained by god for their safety , peace and settlement which sacred presidents of gods own registring , and his peculiar peoples making in obedience to his commands , for our imitation in like cases , are a more real , sacred means to our present peace , safety , establishment , than any the army-saints , sectaries , iesuites , and westminster conclave can prescribe , and the parliament , statute of eliz. c. . have declared , enacted it to be legal , as well as scriptural . ly . when god himself promised restitution from captivity , and resettlement , re-establishment to his people , he doth it by promising the restitution of their lawfull hereditary king and kingdom to them , and the re-uniting of their kingdoms ( formerly divided by rebellion against , and revolt from the house of david and hereditary royal line ) into one , mich. , . c. . their king shall pass before them , and the lord on the head of them , even the first dominion , the kingdom shall come to the daughter of jerusalem . zech. . . &c. rejoyce greatly o daughter of zion , behold thy king cometh unto thee : be is just and having salvation , &c. and his dominion shall be from sea to sea , and to the end of the earth , isaiah . , . behold a king shall reign in righteousnesse , and princes shall rule in iudgement ; and he shall be as a hiding place from the wind , and a covert from the tempest , as rivers of water in a dry place , as the shadow of a great rock in a weary land , ezech. . , . and i will make them one nation in the land , upon the mountain of israel , and one king shall be king to them all , and they shall be no more two nations , neither shall they be divided into two kingdoms any more . and david my servant shall be king over them , they shall all have one shepheard over them : they shall also walk in my judgements , and keep my statutes , and do them . and they shall dwell in the land that i have given to iacob my servant , even they and their children , and their childrens children for ever , and my servant david shall be their prince for ever . which is likewise repeated and amplyfied ezech. . , . zeph. . , . jer. . , . c. . , , . which texts , though mistically meant of our king and saviour jesus christ , hereditary son of david , according to the flesh , sitting upon his fathers throne , and ruling for ever over his mystical kingdom and church , as is evident by comparing them with isay . , , . dan. . . lu. . , . yet since king david , solomon , and other pious kings of israel , and their hereditary kingdom , were types of our spiritual king iesus , and of his everlasting , spiritual kingdom , and christ jesus under the very title , name , notion of an hereditary king alone ( not of an optimacy , oligarchy , popularity , democracy , or elective king ) is thus prophesied to be a saviour , redeemer , restorer , establisher , preserver , defender of his captivated , oppressed , inthralled , dissipated , divided , unreformed subjects , kingdom , church , people ; and his perpetual prese●● with and reign over them , is made the only ground of the restauration , unity , felicity , prosperity , safety , perpetuity of his kingdom and people , as david , solomon , and other good kings of israel were to their subjects during their successive reigns : and seeing christs mistical church and saints , are alwaies thus stiled his kingdom , a kingdom , but never a free-state , or common-wealth , at least but once , eph. . . the only text throughout the whole bible , where this word is mentioned in any kind , and that not in opposition , or contradistinction to a kingdom , but as the very same thing with it , ( as our kingdom in g some statutes in stiled a common-wealth ) as being the h excellentest , honourablest , durablest , freest , happiest , of all other forms of republick , under which general name it is comprised : it thence infallibly follows , that an hereditary kingship , kingdome , is the best , happiest , durablest , securest , honourablest , desireablest of all other governments whatsoever , being the verie government of jesus christ himself , who according to the flesh was born king of the iews , and sits upon the throne of david his father , mat. . . lu. . , . and was not chosen king by his saints , like an elective king ; but elected them to be his subjects ; as he expreslie resolves , iohn . . pet. , . . rev. . . and that the restitution of this our antient kingly government , ( not of a new jesuitical , spanish ; outlandish republick ) is the true and only way to our restauration , redemption , peace , settlement , safetie and future prosperity ; as the parliament and most excellent preamble of the statute of h. . c. . ( worthy perusal ) resolves . wherin after many long intestine civil wars for the title , succession of the crown , and soveraigntie of our realm , the nobles and commons assembled in parliament , calling to mind , that the unity , peace , and wealth of this realm , and the succession ( and inheritance ) of the subjects in the same , most specially and principally above all worldly things , ( let our republicans , and westminster juncto observe it well ) consisteth and resteth in the certainty and surety of the procreation and posterity of the kings highness , in whose most royal person at this present time is no manner of doubt nor question , ( as the statutes of iac. c. , . resolve , there was none at all in king iames or king charles ) did thereupon by this special act , and a strict oath , declare aad establish the surety , title or succession of the grown of england in him and his heirs for ever , upon which dependeth all our joy and wealth , as they more at large expresse . ly . god himself in direct terms declares , that it is a matter and badge of honour and prosperity for any nation to be advanced from a commonwealth or principality into a kingdom , ezech. . , . thou didst prosper into a kingdom . and thy renown went forth among the heathen for thy beauty , for it was perfect through my comelynesse , which i put upou thee saith the lord : which compared with rom. . . let every soul be subject to the higher powers , for there is no power but of god , the powers that are are ordained of god , col. . . for by him are all things created that are in heaven , and that are in earth , visible or invisible , whether they be thrones or dominions , or principalities , all were created by him , and for him tit. . . put them in mind to be subject to principalityes and powers , to obey magistrates , pet. . , . submit your selves to every ordinance of man , for the lords sake , whether to the king as supream : fear god , honour the king ; are infallible demonstrations , that as kingdomes and kings are of divine institution and planting , so they are reputed , instituted by god and jesus christ , as the most prosperous , happyest , divinest , honourablest , supreamest of all other forms of government and governors whatsoever , created by and for iesus christ , and have been the very governments and governors alone , in and by which he hath precisely promised , declared , that he will most advance his own spiritual kingdom , church and glory , ( as is undenyable by * ps. . . . ps. . . kings . . isay. . . rev. . . psal. . , . psal. . . psal. . psal. . . psal. . . ps. . ps. . . ps. . . isay . , . c. . . c. . , , , . c. . . rev. . ) the expresse lively images of christs own spi-spiritual kingdom , kingship , on whose throne alone they sit , as his vicegerents , chron. . . col. . and therefore are stiled kings , kingdoms , not optimacies , or republicks ) yea not only kings but gods , and gods anointed , as well as christ himself , exod. . . iosh. . ps. ▪ , . iohn . . cor. . . sam. . , . c. . psal. . . isay . . lam. . . sam. . . c. . , c. . , , , sam. . . ly . god himself in sundry scriptures positively declares , and denounceth the plucking up or rooting out of a kingdom , and making it no kingdom , or a base or viler kingdom than it was before ; and the leaving of an antient kingdom without a king , or hereditary successor or heir to sway the scepter , to be a most severe , sad , grievous iudgement and punishment on them for their crying , hainous offences and sinnes against him ; yea an immediate concomitant or forerunner of their utter desoiation , & a matter of present and future lamentation , not of a mercy , blessing , or cause of rejoycing , as our seduced bedlam-republicans , army-saints , and pseudo-politicians repute it , as all these texts infallibly resolve , judg. . , &c. c. . . &c. c. . . &c. c. . . hos. . . c. . . . . ( a notable scripture ) is. . , , . c. . . amos . . . , , . c. , . . &c. mich. . . . jer. . . . c. . . to . c. . . to . ezech. . , . ( a signal text ) c. . , , . c. . , . lam. . . c. . . . c. . . c. . . hab. . . , . nah. . , , . hag. . . ezech. . , . against which scriptures ( worthie your particular perusal ) no one text can be produced , to prove it a blessing , benefit , honor to any kingdom or nation whatsoever . ly as for your new magnified common-wealth and aristocracie , preferred by you before our kings and monarchie , . consider that of prov. . . for the transgression of a land many are the princes ( or governors ) thereof , but by a man of understanding and knowledge the state thereof shall be prolonged : and compare it with hosea . . for now they shall say , we have no king because we feared not the lord , what then should a king do to us : lam : . . . the crown of our head ( to wit , our king , c. . . ) is fallen : wo unto us that we have sinned : servants have ruled over us , there is none that delivereth us out of their hand . and then you must needs confess ; that your subversion of our kingly government by one single person , to set up a polarchie and new republike under many ‖ servants & governors , is in gods own , his churches , peoples account , an heavie judgement , vassallage , bondage on them for their transgressions , sinnes , and a matter of great lamentation , woe , ezech. . , , . not a blessing , ease , libertie , means of their happiness or establishment . . consider , that you cannot derive the pattern of your new commonwealth from the scripture , gospel , church , or presidents of god and jesus christ ; but only from the a old heathen , bloudie romans , after their regifugium ; who were alwaies altering their government from one new form to another , continuing not long in anie one condition , till setled in an emperor , and empire ; and at last in a regal roman pontiff ; in which state it hath continued almost . years ; and the new jesuitical models of parsons , campanella , richelieu , mazarine , spain , france , recommended to you from antichristian rome to work our ruine ; or at leastwise from the old seditious graecians and athenians ; who are thus branded in historians , (b) omnino ad commutandos reipublicae status erant versatiles , et omnium propensissimi ad vicissitudines ; ( as you and the army-officers now are ) which proved their utter ruine ; and caused endless wars and tumults between themselves , till they were subdued , enslaved by the macedonians , persians , romans , and other foreign kings ; as you may read at leisure in thucidides , diodorus siculus , xenophon , plutarch , arrian●● iustin , bp. vshers annales veteris testamenti ; whence heniochus an antient greek comaedian , compares aristocracie , and popularitie unto two scolding . women , who coming amongst the greek cities , put all things into tumult and disorder , making them bedlam mad against each other to their utter desolation . c tum geminae ad illas accesserunt mulieres quae cuncta conturbarunt : optimatitas est nomen alteri : alteri popularitas quarum incitatu , pridem externatae furunt . and have they not produced the self-same madness , furie , and sad effects among the armie , yea and our . kingdoms ? how then can you , or anie wise men , but only tom of bedlams , be anie longer in love with either of them , and preferr them before kings and kingship : when as your selves , as well as other members , declared , resolved in two d declarations of april . of decemb. and in the votes of novemb : . & . . that the agreement of the people for a representative and republike ( without a king and house of lords ) are not only seditious , but destructive to the very being of parliaments , and the fundamental government of the kingdom , by king , lords and commons . and is this then the way to peace or settlement ? e if the foundations be destroyed , what can the righteous doe to save or settle us ? o therefore let not that brand of the holy ghosts owne imposing rest anie longer on you , ps. . . they know not , neither will they understand ; all the foundations of the earth are out of course : and although you say , think you are gods , and are all the children of the most high in this pursute , yet you shal die like men , and fall like one of the princes : yea be buried in your own and your republikes ruines again , with greater infamie , shame , loss , than you were on april . . when you were shamefully turned out of house and power together by those who now recall you , and yet will not take warning . mr. prynne is in good hopes , that all these undenyable , unanswerable scriptural considerations will fully convince and convert our republican conventicle , ( and army-officers too ) from their jesuitical destructive modle of a common-wealth , unto the love and restitution of our antient hereditary kings , kingship , as the only divine , saint-like , gospel , safe , probable way to our future lasting peace and settlement , which he intended to have propounded to them . finally , if you are resolved , notwithstanding the premises , to act as a parliament without your secluded fellow members , king , or house of lords , then follow the presidents of all your protestant predecessors in these particulars . . take into your saddest considerations the great increase , disguises of dangerous iesuits and other romish vipers now amongst us , which a. b. a jesuite in his mutatus polemo : or , the horrible stratagems of the jesuits lately practised in england , during the civil wars , and now discovered by him , a reclaimed romanist , imployed before as a workman of the mission from his holiness ; dedicated by him to your own president bradshaw ; published by special command of your new republike ( london printed for rob. white . ) thus relates to your selves and the world , p. , . that he could bring in to your counsel-table a horrible long catalogue of more perniciously damnable actors of jesuitical devils in mens shapes , yea in ministers too , crept in ( from forein seminaries ) to undermine our church and state , then was in the yeer . in that infernal powder-plot : that there was one regiment , or more of them , under sir iohn kempsfield , a commander of the horse in the late kings armie : who discerning the kings inclination to close with the scots and presbyterians , and expecting no advantage to their cause by siding with him , held their private conventicles and councels at oxford , wherein they resolved to desert , and draw off all their own and all his other forces from him , and close with the prevailing parliament partie , which they accordingly effected : ‖ that upon the kings departing to the scots armie , and surrender of oxford , the jesuits , priests and popish partie under him , not only changed the habits of their minds , but bodies also : turning from upside cavaliers and high royalists , and god-dammees , holie converts and parliamenteers : nothing but the holy covenant being heard in their mouthes . for our bodies , proteus is lesse than a fiction to us . he that ere while was a commander in a ranting equipage , is now slinking into a coblers stall , or weavers loom , or tapsters apron , or coachmans box , or beggars weed , or horsemans frock , or serving-mans liverie , or tailors shop , or pulpit-thumping presbyters gippo , into what not . it is not unknown what trade we drive beyond sea , when no trade comes amisse to us . to make this good , our governors the states of this commonwealth ( if they will deign to hear me now their true servant ) shall bee eftsoon able to cull out manie a sheep-clothed-wolffrom their stations , stalls , looms , aprons , weeds , liveries , shops , yea and buff coats ; what say you to pulpits too ? let not engl. ( now like a bird ( ah me ! ) pursued by several fierce flying falcons , and too too near the intended hard gripes of their cruely sharp tallons ) either out of a dull or drowsie sottishness , or a phantastical humour of contradiction , suppose i speak what i know not : if i should tell them i can , and ( now being about to do it will ( but privately before authoritie ) produce a catalogue of catholicks , ( fathers , so we will be called ) of several orders and others that are natives , gone into remote counties , who duly go to church too , and of an incredible number now living in this commonwealth under several notions , whcih i my self can point at with a drie finger . i tell thee in general , there is scarce a town or citie , but in few miles of it i can furnish the reader ( to thy amazement be it spoken ) with some who have lived in england , , , , , , , , , years ( i. b. of ne. in es. ) unknown , unsuspected , but taken for clean contrarie ; let them avoid me if they can : they are his own words , page . to . he shews how mons. montril ( the french agent ) trepand the poor cavaliers of the kings partie , in transporting them out of scotland into france ; how they were there butchered by the french : such is their love to the royal party of england : what endeavours were used by card : mazarine , father d. and le m. to seduce and corrupt prince charls in his religion both before and after his fathers death ; and what promises were made both by the french and spaniard , that all catholick princes should be invited and consulted with for an unanimous invasion of england , if he would turn catholick . page , . hee hath this memorable passage : during these sollicitations , news comes aloft upon the wings of the wind , that the people and state of england had summoned his father to an high court of judicature , to bring him to a trial for all the innocent bloud he had spilt , and the hideous devastations he had caused . this was no little good news to the cardinalitical party , ( i mean the iesuitical , ) ( this jesuit himself being then at the french and princes court in paris ) for in my next i shall satisfie thee , concerning their cunning workings ; how even those who pretend so much charitie to the son , ‖ did séek by all machinations to expedite and accelerate this high piece of iustice upon the father : and now , say his tutors to him , if they proceed to death with your father , it will prove the better for you ; for it shall utterly alien the hearts & affections of the people from them , and you shall finde them to be more eagerlie violent for your reinvestment , not considering the change of your religion , which by anie means shall not be known , but to your good catholick subjects of england , till such time as you have vested power enough into your own hands to protect it , and your self in it . but indeed the lad had somewhat of his fathers astutiousnesse in him ; and presently asked the cardinal the same question as his father once did the king of spaine , when he was almost easilie intreated to have turned to the faith catholick : how shall i ( said he ) ever expect to be king of england , if once the english should understand i have turned catholick ? to which they easilie gave a satisfactorie resolution , telling him ; that ( as the case now stood ) he must never look to be admitted , but by fire and sword : the main force of armes must make way for him , neither could he in the least atchieve that , or put it in execution without the ayde of catholike princes , which they will never be brought to act in without a firm assurance of your real and faithfull conuersion . what impressions the news of his fathers decollatiō made upon him ; what use the cardinal and iesuits made of it , to induce him and others to poperie ; and what endeavors were used by the iesuits to make up a peace between the spanish and french to invade england , and make it their prey if he would turn papist , under pretext of restoring him to his crown , you may read in this iesuit , p. , , , . and in militiere his victorie of truth , dedicated to king charles after his fathers death , to pervert him in his religion , as the only means of his restitution . these passages of this iesuit , ( who stiles himself , p. . the faithful servant of the common-wealth of england . ) dedicated to president bradshaw himself , and printed by his special command , and our republican governours now sitting , ann. . ( when mr. prynne was committed close prisoner by them without hearing , or accusation ) will justifie the truth of all his ‖ former discoveries ; that your beheading the king , and degrading our kingdom into a new free-state , was the verie french cardinals , spaniards , popes , and iesuits plot , to ruin both our protestant kings , kingdom , church religion , even by your own confessions , and that it gave unto them strong arguments , to perswade the kings posteritie and partie for ever to abominate our religion , as manie of them have done upon this very account , though the king himself , and his brothers yet continue constant ( through gods mercie ) against all provocations ; to their eternal honour , but your perpetual infamie , who have put them upon such direfull temptations . . before you engage in any other business , peruse all former acts and ‖ petitions of our protestant parliaments since eliz. to this present against iesuits , seminarie●priests , papists , poperie ; the manifold mischiefs , dangers accrewing by their increase , toleration , and suspension of our lawes against them ; the causes of their growth amongst us , and remedies to prevent the same : then put them all ( with the oath of abjuration , and . bills against them , assented to by the late king in the last treatie ) into immediate , impartial vigorous execution . . imploy faithfull , knowing , stout , active persons , with sufficient power , and encouragements to discover , detect , apprehend them , under what ever disguise and shelter they now secure themselves : especially take diligent care to ferret these romish vermin and troublers of our israel out of all your armies , garrisons , camps , and all sectarian separate congregations , the boroughs wherein now they lurk securely , by putting them all to the test of the oaths of abjuration supremacie and allegiance . . permit no seminarie priests , friers , romish emissaries of any nation , but especially no iesuits of ‖ any their . ranks to remain in our realms , or dominions : it being impossible to enjoy any peace , settlement in church or state , or to expect anie dutifull obedience , quiet in or from the armie , whiles these ‖ firebrands of sedition , treason , remain within our coasts : upon which account they have been by sundrie proclamations of queen elizabeth , king iames and king charles , not only banished out of england , scotland , ireland , and all their dominions ; but likewise out of france , germanie , poland , bohemia , austria , moravia , transilvania , hungarie , venice , and other popish kingdomes , states , as well as out of the netherlands , denmark , sweden , and protestants territories : as the authors of all their wars , troubles , tumults , insurrections , rebellions , treasons , regicides , and the publike pests of church and state. . put no arms into anabaptists or quakers hands , ( formerly ‖ decrying them , as unlawful ) lest london become another munster , and england another germanie , in few moneths space . . since christ iesus , who is truth it self , hath laid down these . gospel-maxims of infallible veritie : mat : . . to . lu. . . &c. that ravenous wolves in sheeeps clothing , as well as trees , are and shall be known by their fruits . john . . you are of your father the devil , for his works ye doe . rom. . . that to whom ye yield your selves servants to obey , his servants ye are to whom ye obey . if all the premises infallibly convince your consciences , judgements , as they will and must do , that all the forementioned fruits you have produced since december . . are the proper fruits of iesuits and romish wolves in sheeps clothing ; yea the very worst , sowrest of all their fruits and powder treasons : that the workes you have done in murdring our protestant king , destroying our parliaments , kingdoms , government , laws , secluding your fellow-members and lords house by force , erecting your new republike , and parliamentarie conventicle , &c. are the works of the iesuites and devil ; that you have yielded up your selves as obedient servants unto them in everie of these , against your own former oaths , protestations , vows , covenants , declarations , commissions , principles , professions , judgments , rightly informed consciences : the votes , obsecrations , disswasions of your fellow members , and most indeared protestant friends , ministers , relations : the indentures , desires of those counties , burroughs you represent : and that the very principles , by which you have acted since dec. and now again , are the very jesuits principles ; as you may read at leisure in iohannis mariana , de rege & regum institutione , l. . c. . creswels philopater , franciscus verona constantini , apologia pro johanne castellio et jesuitis ; iesuitae reinaldi liber , de iusta reipublicae christianae in reges impios et haereticos authoritate , &c. published under the name of william rosse , in ludovicus lucius historia jesuitica , l. . c. . hospinian hist. jesuitica , l. . & . & speculum jesuiticum , printed . wherein you may truly view your iesuitical physiognomies , heads , perrewigs , instead of your old genuine protestant complexions , brains , notions , hair . and if the present fresh addresses , petitions of anabaptists , quakers , sectaries , from southwark , warminster , hertfordshire , kent , and other places to the army-officers , and your selves , with their late listings in the army , affronts to ministers in their churches , ejection of some of them to intrude themselves , alreadie budding forth , sufficiently discover whose servants you are , and whose drudgerie you must execute . o then immediately abjure , rescinde , and null them all with highest indignation , and persist no longer in any such destructive waies , counsels , projects , under any pretext , consideration , interest or perswasions whatsoever : but rather remember mr. oliver saint-iohns words ( now sitting amongst you ) in his argument at law against the earl of strafford ( printed by the commons house special order ) p. . in this i shall not labour to prove ; that the endeavouring by words , counsels and actions , to subvert the fundamental lawes and government of the kingdom is treason by the common law : if there be any common law treasons left , nothing treason if this be not , to make a kingdom no kingdom : and then consider sir edward cooks memorable observation ( published by the commons order ) instit. c. . p. , . it appeareth in the holy scripture , that traytors never prospered , what good soever they pretended , but were most severely and exemplarily punished ( in conclusion : ) which he proves by the examples of corah , dathan , and abiram , num. . , . c. . . athaliah , kings . . . bigthan and teresh , esth. . . . c. . . absolom , sam. . . . abiathar , king. . , . shimei , sam. . , . kings . . . zimri kings , . . theudas , acts . , . and iudas iscariot , the traytor of traytors , acts . . mat. . . peruse over all our books , records , his●ories , and you shall finde a principle in law , a rule in reason , and a trial in experience , that treason doth ever produce fatal and final destruction to the offender , and never attaineth to the desired end ( two incidents inseparable thereunto . ) and therefore let all men abandon it as the most poisonous bait of the devil of hell , and follow the precept in holy scripture : ‖ fear god , honor the king , and have no company with the seditious felix quem faciunt aliena pericula cautum . so he . now because m● . p. finds some grandees of his own profession sitting in the house to countenance and make up this vnparliamentary iuncto , he shall desire them in the first place seriously to consider , how much they have formerly and now again dishonoured themselves , and the whole profession of the law , in sitting in , complying with , acting under , such illegal anti-parliamentary conventicles , powers , changes , changers ; yea crying them up for legal english parliaments , powers , obeying , executing all their illegal new knacks , orders , ordinances , as acts of parliament in civil , criminal , real or personal causes , against all records , law-books , presidents of former ages , their own judgments , oaths , science , consciences , to the intollerable scandal of their robe , the injurie , abuse of the whole nation , the prejudice of all their lawfull superiours and the publick , the encouragement of usurping traytors , tyrants , oppressors , in their waies of wickedness , the ill example of most others , and their own just reproach . ly . to observe , how god in his retaliating justice , hath recompensed this their wilfull prevarication upon their own heads , by turning many of them out of their respective places of judicature , honor , profit , ( the ground of this their sinfull complyance ) with infamy , dishonour , reproach , even by the very persons with whom they unworthily complyed , and those especially in present power , who had neither been an house of commons , much lesse a mock parliament , without their presence and complyance . ly . that the base unworthy , unchristian complyance of the lawyers and clergy of england , with our late trayterous innovators , usurpers , out of base fear , sordid covetousnesse , ambition , self-saving , or self-seeking , to the prejudice , ruine of king , kingdom , parliament , lords , law , hath brought an universal odium upon them , with those with whom they most complyed , as well as others , the army officers and present iuncto , under a pretext of reformation , designing both their ruines through the jesuites politicks , who now bear greatest sway , having turned many of them with scorn and contempt out of their former places of judicature , beyond their expectations , and reviled both their persons and professions , to their faces , as a generation of sordid temporizers , and useless , faithless persons , not fit to be entrusted any more , but discarded out of their new lawlesse republick , which hates both law and gospel , as warranted by neither , and repugnant unto both . ly . that the only way now to regain their lost honour , and preserve both our laws , liberties , religion , establish future peace , settlement , and prevent impendent ruine , is , to endeavour to restore our antient , hereditary , just , legal kingship , kings , governors , government , with all their necessary invaded prerogatives , lands , revenues , rights , jurisdictions , and inviolably to preserve them with their lives and estates against all conspiracies of popes , jesuits , and foreign enemies to subvert , and undermine them in any kind ; as the several memorable parliaments and statutes of h. . c. . h. . c. . h. . c. . h. . c. . e. . c. . e. . c. . eliz. c. . . . eliz. c. . . . ▪ eliz. c. . . . . eliz. c. . , eliz. c. . . . eliz. c. . . . . eliz. c. , . eliz. c. , . eliz. c. . , . eliz. c. , . eliz c. , . jac. c. . jac. c. , , , , , . jac. , , . jac. c. , . & car. c. , . in their respective preambles and bodies ( worthy our most serious review in the statutes at large ) resolve , being more to be credited , pursued , than all the rash jesuitical suggestions , votes , and inconsiderable resolutions of any unparliamentarie conventicle , or upstart pseudo-polititians , advancing themselves to the helm of our new republick , by colour of the statute of car. . which bill by the commons house resolution in their ‖ remonstrance of dec. . seems to be some restraint of the regal power in dissolving of parliaments , not to take it out of the crown , but to suspend the execution of it for the time and occasion only , which was so necessary for the kings own security , and the publick peace , that without it they could not have undertaken any of those great things , but must have left both the armies to disorder and confusion , and the whole kingdome to blood and rapine , therefore the parliament must needs determine by the kings death , as he hath infalliby evidenced beyond contradiction . in the last place , mr. prynne shall most importunately beseech all the antient nobility , secluded members , well-affected gentry clergy , commonalty of the english nation ( which had never so many effeminate , false heads , and hearts as now , many a jesuite , priest , monk , lurking under the disguise of womanish perewigges brought into fashion by them ) as they now tender their own private , or the publick safety , weal , settlement , and preservation of our endangered church , religion , kingdom , parliament , laws , privileges , properties , and prevention of their impendent ruine . first of all seriously to consider , lament , cast off , reform , their own late , present , monstrous sottish stupidity , sleepinesse , b self saving , self-seeking spirits , and most unworthy , un-manly , un - english , unchristian pusillanimity , cowardize , c fear of a few contemptible mercinary mortal men , who shall shortly dye , and become as dung upon the earth ; and their grosse breach of all publick oaths , protestations , leagues , covenants , in not opposing , resisting them manfully in their several places and callings ; which hath been the principal cause of all the publick changes , innovations , oppressions , grievances , exorbitances , insolencies , they have hitherto suffered by their own armed hirelings , and are the d saddest symptomes of our approaching imminent desolation : if not speedily repented , redressed , ere it be over late . ly . to pursue these gospel advises , cor. . . watch ye , stand fast in the faith , quit ye like men , be strong . gal. . . phil. . , . stand fast in the liberty , wherewith christ hath made you free , and be not intangled again with the yoke of bondage ; in one spirit , striving together with one mind for the faith of the gospel , ( the fundamental , laws , liberties , government , privileges of the nation . ) and in nothing terrified by your adversaries , which will be to them an evident token of perdition , but to you of salvation , and that of god. ly . do you all now publickly , resolutely , constantly , unanimously , ( according to the e tenor of the solemn league and covenant ) claim , assert , vindicate , and endeavour to preserve with your lives and fortunes , the reformed religion , worship , doctrine of the churches , the rights and privileges of the parliaments , the laws and liberties of the kingdoms of england and scotland , and the kings majesties person , authority and posterity , in the defence and reformation of the true religion , and liberties of these kingdoms . and with all faithfulnesse endeavour , the discovery of all such as have been , are , or shall be incendiaries , malignants , or evil instruments , by hindring the reformation of religion , dividing the king from his people , or one of the kingdoms from the other , making any factions or parties among the people , contrary to this league and covenant , that they may be brought to publick tryal , and receive condign punishment ; assisting , defending each other in the maintenance and pursuit thereof , without any division , withdrawing , defection , or detestable indifferency , or neutrality whatever . for which end , in a brotherly , friendly , christian , yet stout and resolute manner , demand publickly of the general counsel of army officers , and their westminster conventicle . . by what lawfull commission , authority , or warrant from god , our laws , or the generality of the people of england ( whom they have voted the supream authority , and whose servants they pretend themselves ) they have formerly and now again , forcibly secluded the whole house of lords , and majority of the commons house , from sitting in our parliamentary counsels , or the old parliament if yet in being , and made themselves not only a commons house , but absolute parliament without a king or them , contrary to the very letter , scope of the act of car. c. . by which they pretend to sit ? ly . by what authority they presume to turn our most antient , glorious , famous , honourable , first christian kingdom , into an infant , base , ignoble , contemptible sectarian free-state or commonwealth , and disinherit our hereditary kings and their posterity , e against all our laws , statutes , declarations , remonstrances , oaths , vows , protestations , leagues , covenants , customs , prescription time out of minde , liturgies , collects , canons , articles ; homili●s , records , writs , writers , and their own manifold obligations to the contrary for their inviolable defen●e , support , and preservation , only in pursuit of the jesuites , popes , spaniards , and french-cardinals forecited plots ; and who gave you this authority ? the rather because the whole english-nation , and high court of parliament , wherein the whole body of the realm is , and every particular member thereof , either in person or representation , ( by their own free-elections ) are deemed to be present by the laws of the realm , did by an expresse act , iacobi c. . ( worthy most serious consideration ) with all possible publick joy and acclamation , from the bottom of their heart ▪ recognize , and acknowledg , ( as being thereunto obliged , both by the laws of god and man ) that the imperial crown of this realm , with all the kingdoms , dominions , and rights belonging to them , immediately after the death of queen elizabeth , did by inherent birth-right , and lawfull and undoubted succession descend & come to king iames , as next and sols heir of the blood royal of this realm , and therunto ( by this publick act o● parliament , to remain to all posterity ) they did humbly and faithfully submit and oblige themselves , their heirs and posterity for ever untill the last drop of their bloods be spent , as the first fruits of this high court of parliament , and the whole nations loyalty and faith to his majesty and his royal posterity for ever : upon the bended knees of their hearts agnizing their most constant faith , obedience , and loyalty to his majesty and his royal posterity for ever . after which the whole english nation , and all parliaments , members of the commons house ever since , and particularly all members of the parliament of caroli , continued by the statute of car. c. . pretended to be still in being , did by their respective oaths of allegiance , fealty , homage , and supremacy , ( containing only such duty , as every true and well-affected subject not only by his duty of allegiance , but also by the com●●mandement of almighty god , ought to bear to his majesty his heirs and successors , f as the parliament , and statute of iac. c. . declares ) joyntly and severally oblige themselves , to bear faith and true allegiance not only to his majesty , but his heirs and successors , and him and them to defend to the uttermost of their power against all attempts and conspiracies whatsoever , which shall be made against his or their persons , g their crown and dignity , or any of them , and to maintain all iurisdictions , preheminences , authorityes , justly belonging , united , or annexed to the imperial crowu of this realm ; which all members of the long parl. & those now sitting ratified , not only by hundreds of printed declarations , remonstrances , ordinances , but likewise by a religious protestation , vow , and solemn national league and covenant , ( publickly sworn and subscribed with all their hands , in the presence of god himself , and by all the well-affected in these three kingdoms ) but by all our ordinary publick liturgies , collects , directory articles , homilies , prayers before sermons , in all or most of their families , closet-prayers , yea graces before and after mea● , wherein they constantly prayed to god , ( according to the h practise of the saints in the old and new testaments , the primitive church of god , and heathen nations , & of the church , parliaments of england themselves , in all age● , ) not only for the health , life , wealth , safety , prosperity , preservation , salvation of our kings and their realms , but likewise of their royal issue and posterity . that there might not want a man of that race to sway the scepter of these realm , so long as the sun and moon shall endure , or to the like effect and if they cannot sufficientlie satisfie your judgements , consciences , in this particular , nor answer the precedent reasons in defence of our hereditary kings & kingship , against their vtopian republick , then take up the peremptory resolution of all the elders , and tribes of israel , when oppressed by samuels sonnes mis-government , turning aside after filthy lucre , and perverting iudgement , sam. . and say resolutely to them , we will have no new common-wealth nor vnparliamentary conventicle to rule over , oppresse , ruine us , nay , but we will have a king ( our own lawfull hereditary king ) to reign over us , that we also may be like all other nations , ( yea like our selves and our ancestors in all former ages ) and that our king may judge us and go out before us , and so put a speedy end to all our present & future changes , wars , troubles , fears , dangers , oppressions , taxes ; and restore us to our pristine peace , settlement , unitie , amitie , securitie , prosperitie , felicitie , upon the propositions assented to by his beheaded father in the isle of wight , whose concessions the ho : of commons without division , after . daies and one whole nights debate ; ( dec. . notwithstanding all the armies menaces ) resolved upon the question , to be a sufficient ground for the house to proceed upon for the settlement of the peace of the kingdom : upon better terms , and greater advantages , than ever they have yet enjoyed , or can possiibly expect from any new free-state , or other new armie government or governours whatsoever . the old parliaments , statutes of h. . c. . . h. . c. . & eliz. c. . ( the most impartial judges in this case ) long since resolving , that it is , and of very right and duty ought to be the natural inclination of all good people , like most faithfull , loving , and obedient subjects , sincerely and willingly to defire and provide for the supportation , maintenance . and defence of the person , crown , royal estate and succession of their dread soveraign king , upon and in whom all their worldly ioy and wealth , and the surety of them all , next under god , doth principally depend ; as we have experimentally found by all the miseries , oppressions sustained under our late new forms of governments and governors , whose * little fingers have been heavier than our kings whole loyns ; and the cousels , proceedings , of our young raw statesmen , more pernicious , exorbitant than the old ones under our kings . which should engage all to return to their old kingly government . ly . if they will not upon anie terms be serued up to such a degree of christian , or old english resolution , as thus to expostulate with their servants , hirelings , and fellow members , after so manie high and bloudie contestations with their lawfull soveraign in parliaments , and the field , when their laws , lives , liberties , church , religion , kingdom , and all earthly comforts were less endangered than now in their own judgements ; mr. prynne shall then intreat them only to take so much courage , as over-timerous * king iehoshaphat and his cowardly people did , when three confederated forein nations came up to invade and destroy their kingdom ; and to act as they did then . first , let them appoint a publike fast throughout the kingdom , citie , countrie , and use the self-same praier as they used . o our god , will thou not judge them ! for we have no might against this great companie , ( no nor that little conventicle , inconsiderable handful of armie-men & sectaries now combined against us ) but our eies are unto thee ; annexing to it this praier of david , ps. . deliver us o lord from the evil man , preserve us from the violent men , which imagin mischief in their heart , continually are they gathered together for war. grant not , o lord , the desire of the wicked ; further not their wicked devices , lest they exalt themselves , let the mischief of their own lips cover them ; let them be cast into deepe pits , that they rise not up again : let not an evil speaker be established in the earth ; let evil hunt the men of violence to their overthrow : then pursue the prophets advice from god unto them . hearken ye all iudah , and ye inhabitants of ierusalem , thus saith the lord god , be not afraid nor dismaid , by reason of this great multitude ( much less of this small conventicle ) for the battle is not yours , but gods. to morrow go out against them , ye shall not néed to fight in this battle : only set your selves ( in array against them ) and stand still : ( keep your ground , fear not , submi● not to their power , usurpations , impositions in any kind ) and the lord will be with you ; whereupon they rose early in the morning , and went out against them with their priests before them , singing praises and psalms of thanksgiving to god. and when they began to sing and praise , the lord set ambushes against the children of ammon moab , and mount-seir , which were come against judah , and they smote one another ; for the children of ammon and moab stood up against them of mount seir , utterly to slay and destroy them ; and when they had made an end of them , every one helped to destroy another . and when iudah looked upon the multiude , behold they were dead bodies fallen to the earth , and none escaped . whereupon jehoshaphat and his people gathered up their spoiles for . daies space together , they were so great ; and on the th day they blessed the lord , and returned with joy to jerusalem , ( without the losse of anie one mans life , or one stroke struck by them ) because the lord fought against the enemies of israel . imitate but their example herein ; go out only couragiously against these invaders of your countries rights , liberties , privileges , without fear or dispondencie ; own not their incroached parliamentarie power , acts , imposition , edicts , taxes , excises in anie kind ; keep fast your purse-strings , and part with no farther pay to your armie-saints , till they obediently submit to your commands , as their masters , and acknowledge themselves to be your mercinarie servants , not your soveraign new lords , masters : then without any more fighting , bloudshed , danger to your persons or estates , you shall soon behold the mungrel multitude of anabaptists , quakers , sectaries , republicans , vanists , cromwellists , iesuits , papists , now combined against you , divided against each other ( as you see they are pretty well ) and every of them will help to destroy one another , as they begin to doe ; and their westminster new-convened vn-parliamentarie conventicle thrust out of doors by themselves again , with greater scorn , infamie , derision , damage to them , than heretofore : as obad. . . ezech. . . deut. . , . , . ps. . , . ps. . . ps. . . prov. . , , c. . , . mich. . . to . hab. . , . rev. . . c. . . c. . , , . mat. . . judg. . , . may assure both you and them , compared with gods late wonderfull providences of this kind upon all sorts of innovators : so as you may sing , k they are brought down and fallen , but we are risen and stand upright . but if you neglect or refuse to follow this advice ; beware lest through your unworthie cowardize and negligence in this kinde , you become not a speedy prey to these ravening wolves , l now likely to transform london into another m munster , and england into a second germanie ; as in the year . mr. prynne having thus fully , faithfully , sincerely discharged his dutie , and satisfied his own conscience ; is resolved to n lie down quietly , to take his rest , and hope for the salvation of his god ; concluding with the words of st. paul in a like case , tim. . , , . , , . i am now ready to be offred , and the time of my departure is at hand . i have finished my course , i have kept the faith : henceforth there is laid up for me a crown of righteousness , which god the righteous iudge shall give me at that day . at my first answer no man stood by me , but all men forsook me : i pray god that it may not be laid to their charge : notwithstanding the lord stood by me and strengthned me , that by me the preaching might be fully known , and that all the gentiles might hear : and i was delivered out of the mouth of the lyon , and the lord shall deliver me from every evil work , and will preserve me to his heavenly kingdom ; to whom bee glorie for ever and ever , amen . isay . . to . associate your selves o ye people , and ye shall be broken in pieces ; gird your selves and ye shall be broken in pieces ; take counsel together , and it shall come to nought ; speak the word and it sh●ll not ●tand : for god is with us . for the lord spake thus to me with a strong ●eud , and instructed m● , that i should not walk in the way of 〈…〉 ; saying , say not a c●nfedera●ie , to whom this people shall say a confederacie , neither fear ye their fear , nor be afraid . but sanctifie the lord of hosts himself , and let him be your fear , and let him be your dread , and he shall be for a sanctuarie . ps. . , , . o lord , i have walked in thy truth ; i have not sat with vain persons , neither will i goe in with dissemblers . i have hated the congregation of evil doers , and i will not sit with the wicked . pro. . . the fear of man bringeth a snare , but he that putteth his trust in the lord shall be safe . ps. . , , : ps : . . the lord liveth , and blessed be my rock , and let the god of my salvation be exalted . he delivereth me from mine enemies , yea thou liftest me up above those that rose up against me ; thou hast delivered me from the violent man : therfore will i give thanks unto thee , o lord , among the heathen , and sing praises unto thy name . it is he that giveth salvation unto kings , that delivereth david his servant from the hurtfull sword . great deliverance giveth he unto his king , and sheweth mercy to his anointed ; to david and to his seed for evermore . thomas campanella de monarchia hisp : c. . omnis haeresis cum ad ath●●ismum delapsa est per sapientem prophetam in veritatis viam reducitur ; habent enim haereses periodum suam ad modum rerum publicarum ; quae à regibus in tyrannidem ; à tyrannide in statum optimatium , et inde in oligarchiam , atque tandem in democratiam , ‖ & in fine rursus in statum regium revolvuntur . william prynne . from my studie in lincolns inne may . . finis . errata . page . l. . dele it ; p. . l. . melston , r. millington , p. . l. . precope ; p. . l. . r. . p. . l. . erecting , r : exciting ; p. . l. . both , r. doth ; p. . l. . as , r. was . notes, typically marginal, from the original text notes for div a -e * see the epistle and appendix to my speech in parliament ; and the d part of the history of independency . (a) the true state of the case of the common-wealth in reference to the government by a protector and a parliament : mainta●ning therein a full conformity to the declared pr●nciples and engagements of the parliament and army . i● being the opinion of divers persons who throughout the late troubles have approved themselves faithfull to the cause and interest of god and their country presented to the publick , for the satisfaction of others , printed . p. . . which mr. prynne had then in his pocket . * ian. . * comforting , supporting himself against all persecutiōs , reproaches , libels , calumnies cast upon him : with mat. . , , . pet. . , , . c. . , , , . phil. . . cor. . , , , , , . c. . , , , . (a) see mr. prynnes epistle and appendix to his speech in parliament , his d . part of the narrative of the armies force , . and a new discovery of free-state tyrany . . (b) see his brief memento to the present unparliamentary iuncto . . (c) in his memorial for reformation of england . . wat●ōs quodlibets p. . to . . to . wil. clarks his answer to father parsons libel . p. . (d) de monarchia hispanica , c. , . (e) romes master piece , and hidden works of darkness brought to publick light . (f) historia part d. venetiis , . p. , . (g) see the instrument of government , and petition and advice , section . * a collect p. , , , , , . i appendix to his speech , p. . and relation of the members seclusion . * see mr. prynne good old cause stated & stunted , p. , , . , , k see mr. p ▪ his gospel plea , watsons quodlibets , and rhe case of ●he common wealth of england rightly stated . l see his legal plea against illegal taxes , his legal vindication , p. , ● , . his brief register of parliamentary writs , and plea for the lords . l ● e. . restall armor , . cooks instit. p. . mr. prynnes brief register of all parliamentary writs p. , . , , . exact abridgement of the records in the tower , p. , , , , , , , , , . m mr. prynnes brief register and survey of parliamentary writs p . n see their votes , jan. . declaration , martii . the agreement of the people and armies remonstrance and petition nov. ▪ . & ian. ● . . o jac. ch . . ash-parliament . . p cl. e. . m. . dors . q h. . rot. parl . n. . plea for the lords , p. . canterburies doome , p. , . mr. pyms speech ▪ f●br . . * see his legal vindication against illegal taxes . p. . to . his plea for the lords : and brief register . * mr. rushworths historical collect. p. ● , . s cooks instit . c. . cromptons jurisdiction of courts , br tit. parliament . a brief register , survey of parliamentary writs p. ● , , , . mr. rushworths historical collection , p. . t cooks report , calvins case , f. . * e , . & . v see mr. prynnes brief register , kalendar & survey of parliamentary writs . a cooks instit . p. . b. & rep. f. . dyer , ash. authority . . & the books there cited , h. . c . * dyer , f. . b modus tenendi parl. h. de knyghton de event . angliae l. . col . . . grafton p. , , mr. prynnes plea for the lords , p. , . exact collection , p. . . . c plowden , f. . dyer , f. . b. mr. seldens titles of honor , & mr. prynns plea for the lords , and house of peers . d cooks ● instit. p. . e. . rot . parl. n. . ● r. . rot . parl. n. . h. . n. . e exact collection , p. , , , , , , , , . x cooks report . calvins case , f. . y see the history of the independency , part . salmatius & bochartus . * hab. . . objection . answ. nota. * better acts than ever the republicans made or intend to make for the peoples ease and benefit : who only doubled , trebled all their taxes , grievances , insteed of removeing them . n brooke , perkins , fitzherbert , ash. tit. condition . o serj. finch his maximes of the law , cook and others . d exact col. p. . e exact col. p. . f exact col. p. . g exact col. p. . h exact collect . p. . i exact collection p. . k exact collect . p. . * some of them prisoners in execution , sent for out of goal , to make up an house . * kin. . , , c. . . , king. . to . * see exact col. p. , , to . a alexand. ab alexandro , gen. dierum , lib. . c , . sam. , . c. . , , . , . . c. . h. . c. . exact collect. p. . b page . sect . . printed by the armies special order , . * ol. cromwell , ireton , corn. holland , and others of them , stiled themselves a mock-parliament as iohn lilburn affirms . c grotius de jure belli , l. . c. . sect . . . d plowdons comentaries , f. . , , , . e. . . a watsons quodlibets ● . ▪ . b quodlibets , p. , , , , . . , , , , . b quodlibets , p. , , , , . . , , , , . nota. c quodlibets , p. , , . d quodlibet , . p. , . nota. e here p. . f imaginū antwerp , an . . speculum jesuiticum , p. . g see his epistle before his historical and legal vindication , &c. an. . h romes master piece , hidden works of darknesse , &c. a collection of ordinances , p. i a collect. of ordinances . p. . k a collect. p. , , , vid wekye of durb . a collect. p. . l romes masterpiece m a collect. p. . the history of independency part . n the history of the independency p. . o see mr. prynnes speech , memento , & epistle to his historical & legal vindication . ludovicus lucius , hist. iesuitica , p. , , . p see the false iew , and his examination , printed . q see his epistle before his printed book . . * see his iustice ō the armies remonstrance . . a see the prositions to the king , and mr. prynnes speech , p. , . his discovery of free-state tyranny . p. . b see their votes in feb. . and act for taking the engagement , sep. . . c iac. c. . ro. bellar. responsio ad apol. pro iuramento fidelitatis . d see the lord william hewards and prestons books in defence of the oath . mr. rushworths historical collections , p. . e see the d . part of the history of independency . f iac. c. . g see grotius de lure belli , l. . c. . dr. sanderson of oaths . h see their knack , sept. . . ●●peculum ●●uit . p. . ●● , . lu●●vicus luci●● hist. iesuit . 〈◊〉 c. p. , ●● , . , ●● . near two ●●ndred thou●●d pounds a 〈◊〉 more 〈◊〉 all the ●● venues and ●●xes ●●ount to , 〈◊〉 good ●●bands are k see the diuruals and almanacks from . to . v see mr. prynnes di●scovery of free state tyranny , p. , . see prynnes ●pistle before 〈◊〉 legal and ●●storical ●ollections , ● . . ●ee the d . ●t of the ●●story of in●●pendancy . n see his book and description of the west-indies . o see romes master-piece and hidden works of darkness brought to publick light . * herep. . p see mr. prynnes d. part of his legal historical vindication & collection , &c. p. . to . q ibid. p. , . flor. wigorn , sim. dunelm . hoveden , mat. westm. mat. pa●is , bromton , anno , . r malm. de gest. reg. l. . p. . s malm. ibid. sim. dunelm . col. . brompton , col. . t flor. wigorn . p. . sim. dunelm . col. , . u flor. wigorn . p. . sim. dunelm . col. . hov. annal pars . p. . * malm. de gestis reg. l. . p. . * mat ▪ . , , . * see august . tom . ser. . * pet. . . z epistola ● . tom. . see homil. . set . . tom. . peter lumbard , sent . l. . dist . . and the schoolmen on him . alex. alensis , sum . theol. pars . quaest . mem . . * sodainly takē frō his son by his nearest relations and army-officers , notwithstanding their proclaiming him his successor , and all addresses to live and dye with him ; and that without one drawn sword . * august . ep. . * ferdinandus imperator , subegis austriam , bonemiam , moraviam , s●●siam , hurgatiam , palatinatum utr●mque , ex lisque hae●eticutum patriarch●s hus●itas , & rebellionum faces calvinistas , expulit & prostigavit . agit● pri●cipes generosi , pargit● magnis animis , opu● foericibus adeo auspiciis caeptum confi●●● 〈◊〉 paribus studi●● rebellem calvini chaeresin paene ●vulsam stirpitu● ubilibet eradicate , ut p●tti●●● & pestiferis memb●i● dissectis , germania redinteg●ati , revalescere , pristinasque vires et robut queat collige●e , &c. cornelius cornelli jesu●●● . praes●t . s. trini●a●●● , commenta●iis in m●●ores propherus praefix : so● militiere his victory of truth . * rom. . . a de monarchia hisp. c. , ● , . b see his instructions . c paulus windeck de extirpandis haeresibus antid . . p ▪ . . . & . hospinian hist. jesuit . l. . & l. . p. , , . lud. lucius , hist. jesuit . l. . p. . l. . p. , , . johan . cambilhonus , de rebus jesuitarum abstrusio●ib us . an. . d see my . & . demurrer to the jews long discontinued remitter into england . * see hete , p. , . my quakers vnmasked , . and new discovery of romish emissaries , . f see his whitehall ordinances for excise and taxes , decemb . & march . may . & june . ▪ & the . part of my legal and historical vindication , &c. p. . . a exact . collection . p. . . , , , . . . , to . . . , , . , , . . . . to . . . . b a collection of ordinances p. . . . , . , . . , , . . . , , . . . . . . . . . : . . . , , . . . to . . . . , . . . . . , . appendix . p. . . * here , p. . c see their impeachments , trials , the act & ordinance for their attainders , mr. pyms speech . mr. st. iohns declaration , & argument ●gainst them , ●nd first part ●f my legal ●nd historical ●indication , ●c . lilly , and ●ulpepper . nota. t see hospinian hist. iesuitica , l. . & . speculum iesuiticum , p. . ludovicus lucius , histor : iesuit . l. : c : where it is printed at large & thuanus hist : l : . k hist. gallica & belgica , l : ● : f. , . speculum iesuiticum , p. . . the general history of france , in h. . and lewis . hospinian historia , iesuit . l. . . to . lud. lucius , histor. iesuit . l. . c , . * nota. * watsons quodlibets , p. , , . & dialogue , p. . a ps. . . b ps. . , . ps. . . c num. . . c. . . d ps. . . e cor. . . cor. . , , . deut. . . g jer. . ▪ c. . . h calipine , h●liok● , summa angelica tit. seditio . cice●o de repub . l . lu. . . i luke , . k see the appendix to mr rushworths historical col p. . to , , . l polit. l. . & ethic. l. . m secunda secundae artic. . & qu. . n s●mma angelica , tit. seditio . o see the soveraign power of parliaments , part . p. , . . a ps. . . b ps. . , , , . c rev. . . d mat. . . c. . . c. . . c. . . e mat. . . c. . . c. . . c. . . c. . , . c. . . acts . . f cor. . . col. . . rev. . . g eph. . . h aristot. polit. l. . c. . l. . c. . i mat. . . k rev. . . l exod. . . rev. . . c. . . c. . . pet. . . m mat. . . . c. . . c. . . n pet. . . . tim. . . o heb. . . p da● . . . lu. . . is. . . q tim. . . pet. . . ps. . . mat. . . rev. . . c. . . c. . . c. . . . r tim. . . rev. . . s lu. . . c. . . t iames . . u mat. . . x ps. . . gen. . . y rev. . . &c. . . . tim. . . ●it . . . ●ib . . . ●cts . . ●al . . . ●ay . . tim. . , ●ee tertui● apologia . e isay . . ps. . . f see the true old cause truly stated . g iohn . . to . h act. . ▪ i sam. . to . c. . . , , &c. k sam. . , , . l sam. . , . m job . . . n mat. . . sam. . . * chron. . . o ezech. . . p isay . . . ier. . , &c. q isay . . c. ▪ , . r lu. . ▪ to . s cor. . , . gal. . . , . . ps. . . , , . t mat. . , , , c. . to . . c , . . to . john . , . . . t mat. . , , , c. . to . . c , . . to . john . , . . . u chron. . . c. . . x heb. . . isaiah . . ▪ pet. . . y rom. . eph. . . c. ● . . z cor. . . c. . . eph. . . a rom. . . b isay . , . chron. . , . ier. . , , . c. . , . c mat. . . . lu. , . c. . . ma● . , , . d gen. . . exod. . . c. . . kings . . * see knolts turkish history , pauli orosii historia . the history of the albigenses . * see mr. edwards gangraenaes . e relatio de stratagematis & sophismatis iesuitarum c. . f lud. lucius , hist. iesuit . l. . c. . p. . cornelius cornelii , epist . com. in minores prophetas : and his epistle to his historical and legal vindication , &c. h mat. . . mar. . . lu. . . c. . . i mat. . , . * psal. . , , . * isay . . nota. d lu. . . e cor. . . f dan. . . col . , . c. . . tim. . , . rev. . . c. . . eph. , . bp. vshers ●ccles . brit. ●ntiq . c. , , ● , . . spel●anni concil . ●om . . & e●●st . ded. to fox acts & ●on . in h. . . qu. eliz. their sta●es to this ●pose . ●almsb . de ●stis regum c. . mat. ●stm . anno . poly●on . l. . c. ● . dunelm . ●mton , col . a el●●s , de vita ●irac . edw. ●fess . 〈◊〉 . . r. . . * kings . , , , . * tim. . . dan. . . c. . , , &c. * sam. . . kings , . king. . . psal. . , , , . * see bishop vshers annal. vet te●t . p. . * chron. . kings . ‖ chron. , , . c. . , , , . kings . to . * chron. . , , , , , . kings to . g e. . c. . mar. ses . . c. h. . c. . h aristot. pc lit . l. . c. . l. . c. i , case sphaera civitatis l. . c. . ● . l. . c. . ● . * worthy se●ious particu●ar perusal . ‖ prov. . . c. . , . eccl. . , . . a dion . cassius . dionys. halicar . polybius , livy , justin , eutropius , godwins roman antiquities , bodins common-wealth . (b) aelian var. historia , l. . c. . c grotius de jure belli , l. . c. . p. . d see my speech , p. , . e psal. . . ‖ ibid. p. , . nota. ‖ see here , p. p. , , , . ‖ see my epistle to a seasonable vindication , &c. edit . . . my quakers unmasked , & a new discovery of romish emissaries , . the plots of the jesuites , printed . and the jesuits undermining of parliaments and protestants . by william castle , . ‖ printed in my hidden works of darkness , &c. & mr. rushworths historical collections , p. . to . , , . to , , , , . exact collection , p. . to . ‖ romes masterpiece , p. . ‖ ludovicus lucius , hist. jesuit . l. . c. . p. , , . l. . c. . p. , , , , , , , , &c. hospinian hist. jesuit . l. . & . speculum jesuiticum . ‖ see lucas osiander contra anabaptistas . ‖ prov. . . pet. . . ‖ exact . collection , p. . a iud. . . . b mat. . . c prov. . . isay . , . c. . . c. . . c. . . mat. . . d isay . , . . c. . . c. . . iudg. . , , is. , . ier. . , . c. . , . lam. . . ezech. . , . e collect. of ordinances , p. to . e mat. . . f exact collection , and a collection of them . the good old cause truly stated . g see the letany , collects , for the king , queen , and royal issue : canons , . can. . h tertulliani apolog euseb . de vita constantini , l. . c. , . cassiador . hist. tripartita , l. . c. . athanatius apologia ad constantinum imp. sozomen eccles. hist. l. ● . c. . l. . c. . surius concil . tom. . p. . tom. . p. , , , , , , , , . , , , , , , ● ▪ . tom. . p. . . cl. e. . d , . cl. e. . d. . cl. e. . d. , . cl. , e. . d. . cl . r. . d. . cl . r. . d. . cl . r. . d. . cl . r. . d. . * chron . . to . see my new discovery of fre● state tyranny ; and englands new chain● . * . . . ● . to . k psal. . . l chytra● chron : saxonia l. . p : , to ● . m munsters cosmog . l. . c. . sl●i●ian commens . l. n psal. . . psal. , , ‖ see polybii hist. lib. . p. to . the second part of the narrative concerning the armies force and violence upon the commons house, and members. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the second part of the narrative concerning the armies force and violence upon the commons house, and members. prynne, william, - . p. [s.n.], london : printed anno dom. . attributed to william prynne. apparently intended as a continuation of his: a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house. annotation on thomason copy: "decemb: ". reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- expulsion -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no the second part of the narrative concerning the armies force and violence upon the commons house, and members.: prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the second part of the narrative concerning the armies force and violence upon the commons hovse , and members . london , printed anno dom. . the second part of the narrative concerning the armies force and violence upon the commons-hovse and members . vpon thursday the army ▪ engaged members of the house of commons [ most of them being treasurers , great accomptants , purchasers of bishops lands , or such as hold great offices by the houses gift , or received great summes of money upon pretence of great losses never yet appearing or made good upon oath ] above one hundred members being secured , or violently kept out of the house , by that insolent colonell pride [ which usually goeth before destruction ] after their hypocriticall fast was ended , were pleased to adjourne the house till tuesday ; that the generall and his grand councell , ( of which there is scarce one gentleman of quality , but poore mechanicks of smal or broken fortunes before the wars ) might possesse themselves of the city , plunder all their treasures to pay the souldiers , secure their gallant sheriffe browne a member of the house , and act their parts with other members , to new ▪ modle the house , according to their hearts desire ) adjourned til tuesday . in the mean time the generall and his agents under pretences of favour and respect to some of the imprisoned members , endeavoured by subtilty to engage them to give their parol to him to continue at their houses or lodgings in or neare the town till the house should command their attendance , and in the meane time , not to act against the parliament or the army : which most of them upon debate refused to accept of , conceiving it to be a voluntary confinement of themselves and subjecting of them to the generalls power inconsistent with the honour or priviledge of parliament , and thereupon refused to remove upon any such restrictive termes unlesse absolutly discharged without any condition or restriction whatsoever . whereupon the generall continues them still prisoners , they having liberty only to remove their lodgings to places more convenient . on tuesday morning the army placed guards of their owne upon the commons house againe , and though they had secluded and driven away neare two hundred members before , yet they had a list of more members fit to be excluded and purged out ▪ whereupon mr. edward boyes one of the knights of the shire for kent ( a great friend of theirs ) sir humfrey tuston , and some six more members entring into the house to discharge their duty , were violently kept back by col. pride and his officers ; and sir edward martin knight of the shire for devon being in the house it selfe , was kept out and secluded the house . o the tender regard of the priviledges of the house , which these saints of the army boast of in the very first line of their late remonstrance : and * the restitution of the houses to a condition of honour , freedome and safety , and preserving them therein , which they so much vaunted of , and for which they and both houses kept a solemne thanksgiving [ mocking both god and men thereby , who hath justly rewarded them for that damnable hypocrisie ] in august . it seems these parliament saviours and protectors then , are turned parliament destroyers and subverters now , as they professe to the world in print in their proud and treasonable , ( which they stile humble ) proposalls and desires , dated decemb. . . a new iesuiticall gun , pouder treason to blow up parliaments ▪ as soone as the house was set , mr. nathaniel stephens knight of the shire for the county of gloucester , reported to the house the violence offered to mr. ash and other members of the house who were imprisoned and forcibly secluded by the officers of the army , and thereupon moved the house to vindicate their priviledges and right their members , and not to proceed in any businesse till that was done ; else he could not in consciecne or honour joyne with them , but must and would withdraw . yet the engaged faction ( who formerly fled from the house to the army for security when there was no actuall force upon the houses in iuly . and passed an ordinance by a greater force from the army , for nulling and vacating all ordinances , orders and proceedings in parliament , during their absence from the house upon a mere pretext of force ) not only continued sitting in the house without flying from it , when under such an horrid force of the army as this upon their members , but also proceeded to act , though not above . in number ; and to vote the votes for no more addresses to the king to be revived , and unvote the votes for the treaty with the king , as prejudiciall and dishonourable to the kingdome , and likewise un-voted the votes for restoring the ten impeached members . these votes being passed , the generall by a party of horse and foot violently seized upon sheriffe browne a member of the house , and secured him prisoner in st. iames , to a roome without hangings or bedding : and about . of the clocke at night captain lawrence the marshall of the army brought a message from the generall and his councell to remove sir william waller , major gen. massey , sir iohn clotworthy , and commissary copley , from the kings head in the strand , where they were six dayes imprisoned , to st. iames . upon which they expostulating with the marshall desired him to bring an order in writing from the generall or his councel for their removall , they having never seen nor heard of any warrant from them in writing for their former restraint : whereupon he repayred to the gen. & returned with a warrant under his hand for their removeall to st iames about of the clock . upon reading whereof , they read a protestation drawn up in writing and signed with all their hands to this effect : that they being members of parliament and free men of england did protest before god , angells and men , that neither the generall himselfe nor his councell of warre , had any power or authority to seize , detaine , imprison , or remove their persons , nor to try them by a councell of war : and that they had usurped to themselves a greater arbitrary power over the members of parliament , and freemen of this realme then ever this or any other king of england had arrogated to himselfe &c. and that though they neither would nor could submit to their usurped power , yet they would alwayes be ready to submit themselves to any tryall by a free parliament , for any crime that could or should be suggested against them . which when they had read , they tendred to the marshall to deliver it to the generall and his councell , who refused to receive and left it upon the table . some other members there present , alleadged to the marshall , that these proceedings of the army against the members by mere power without any authority at all , ( by which alone the marshall there openly affirmed the generall and officers now proceeded ) was as bad or worse then that of the great turke or ianizaries . that it was a farre more arbitrary and tyrannicall power then ever the king or his evill councellors , or the most persecuting courts and prelates usurped or exercised , and that all their tyranny , oppression and injustice was not comparable to theirs : that this was that the officers and army protested against in all their declarations , and professed they had fought against , and therefore it was monstrous themselves should exercise such tyranny , and injustice now even upon members themselves , and how then would they tyrannize it over others ? the standers by were deeply affected with this new monstrous tyranny and persecution of gallant members and commanders , who had done such brave services for their countrey , and were thus tossed up and down at the lawlesse pleasure of ignoble and degenerous usurpers of more then regall power , from prison to prison , and accompanying them to the coach and there taking their farewells of them , they were guarded with musquetiers and carried in the dark to saint iames prisoners , and there shut up in a foul room where the souldiers had layne some nights before , without hangings or bedding to rest their heads upon , where they must lye all night upon the boards as they did in hell , if not otherwise provided for . certainly if these proud officers of the army , and monsters of tyranny had not cast off all humanity , all christianity , all fear , all love of god or men , and that noblenesse and ingenuity , which is incident to the rudest soldiars towards soldiers and gallant commanders in the wars as these gentlemen have bin , and quite degenerated , into beasts , they could not shew such unheard of cruelty and inhumanity to these honourable members and patriots of their countrey , and use them more barbarously though their masters and freinds , then usually they did the worst cavaliers , or then the king himselfe and his souldiers would have treated them , had they taken them prisoners in the field . doubtlesse this most execrable tyranny of these new kings & tyrants at white-hall will engage both heaven & earth unanimously against them , and bring them unto fearfull ends and speedy ruine , if they repent not , and returne to their pristine obedience . and their commissions being forfeited & nulled , the soldiers absolutely discharged from any obedience to them , the parliament from any protection of them , the kingdome from all contributions and taxes towards them , and the members , kingdome and god himselfe enraged against them ; for this their exorbitant and matchlesse tyranny , and horrid rebellion in levying w●rre upon the houses , forcing and imprisoning their members , and casting them into hell and other inconvenient places without any fitting accomodations , they must of necessity sodainly fall , perish & becom like dung upon the earth , and of a most glorious and victorious army , laden with honor and booty , become the very scorne , sink and scumme of men , which god give them hearts and grace to consider , before it be too late : and to remember that of the psalmist psal. . . evill shall hunt the violent man to overthrow him . it overthrew violent strafford , and laud this very parliament and cost them their heads and it will overthrow the gen. & councell of war to , who far exceed them in violence and tyranny of all sorts , and in overturning parliaments , lawes , liberties , and the ancient government of the kingdome , which have ever overturned those who have endeavoured to subvert them , and brought them to a dishonorable and shamefull end . wednesday the of december , the officers of the army kept out sir iohn hippesley and mr. packer , and would not permit them to enter the house ; where they repealed the vote of the commons on munday the . of december , that the king was removed from the isle of wight without the privity or consent of the house : there were out . in the house to repeal this vote passed by . and those are very eminent for their extream honesty , and publique receipts of the kingdomes treasure . after which the army hackneyes repealed likewise the vote of the fifth of december last passed by above votes , that the kings answer to the propositions were a sufficient ground for them to proced to the setlement of the kingdome , which they desire to embroyle in perpetuall wars and broyles , that they may keep their offices , and what they have gotten into their hands by hook or crook : whiles those who have spent their estates and adventured their lives in these wars and have more honesty in their little fingers , then those that sit in their whole bodies , are imprisoned and restrained from the house by a company of rebells , against their superiours , to give them no worse title . thursday the th . of december , the fagge end of the commons being about . in number , considering that all the best and honest men were secluded from them by the army , and protested they were no house , moved that they might send to the generall to know upon what accompt their members were restrained and secluded by the army , but with this unworthy addition , that they should carry with them the votes that passed the day before , for his councell of wars approbation , repealing what the excluded members had formerly voted a thing so dishonourable and below a parliament ( if they were worthy the name of one ) that they deserve eternally to be excluded all future parliaments , ex cauda draconem , you may see what beasts they are by this dragons tayle . the . of december the generall sent for . of the imprisoned members to his lodging : where comming , commissary ireton , col. whaley , and col. rich acquainted them that the generall was fallen sodainly ill , and kept his chamber , and thererefore left them to acquaint them with his minde . that they were all absolutely discharged ; and had freely liberty to go to their lodgings and houses ; but did expect they should act nothing contrary to the present actings ; and if they did it would be the worse for them . to which they gave no present answer , and will advise how they accept of liberty upon such conditions . finis . notes, typically marginal, from the original text notes for div a e- * see their declaration of august . . tvvo speeches, spoken in the honourable house of commons. the first by mr. grimston esquire: the second, by sir beniamin rudiard. concerning the differences between the kings majesty, and both houses of parliament. grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) tvvo speeches, spoken in the honourable house of commons. the first by mr. grimston esquire: the second, by sir beniamin rudiard. concerning the differences between the kings majesty, and both houses of parliament. grimston, harbottle, sir, - . rudyerd, benjamin, sir, - . [ ], p. printed for h. hutton, london : . annotation on thomason copy: "march. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . speeches, addresses, etc., english -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and govenment -- - -- early works to . a r (thomason e _ ). civilwar no tvvo speeches, spoken in the honourable house of commons.: the first by mr. grimston esquire: the second, by sir beniamin rudiard. concerni grimston, harbottle, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion tvvo speeches , spoken in the honourable house of commons . the first by mr. grimston esquire : the second , by sir beniamin rudiard . concerning the differences between the kings majesty , and both houses of parliament . london printed for h. hutton . . mr. grimstons speech , in the house of commons , concerning the distempers between the king , and both houses of parliament . master speaker , i would fain bring one stone to our building now in hand and it is but a caveat to the master builders , to beware of those who hinder the worke , and pull down by night , what is built up by day . master speaker , there are that speake loudly to the king , and in agitating of all matters , seem very tender of him , but substances , and semblances , essences , and apparences , are opposite : multa videntur quae non sunt , these would make us believe , that our redressing of some grievances , is the pulling out of some flowers from the crown , and hereby they cast maine and intricate doubts , wherewith to retard and perplex our proceedings , and to lay an ill favoured imputation upon us , as if we were regardlesse of our gracious soveraign , and these good men , the onely battresses of his royalty : by this they endeavour to endeare themselves to the king , for their own advancement , to have him guided by their own councels , and to take off his affection from his best , and most loyall subjects , assembled in parliament . master speaker , the king and his subjects are relatives , and we know that in logicke ; ne lato sublato tollatur correlatum , they that disjoynt the king and his people , doe neither better nor worse but doe their utmost , to un-king him . m. speaker , the king is the parentthe husband solemnly espoused at his coronation , the head of the republike , as it is with the natural parent , husband and head : so it is with the publike : the naturall parent bestoweth on his child , protection and love , with all his fruites : the child returneth him filiall reverence with all due respects , and he that laboureth to breake this intercourse , by possesseing the parent with an evill opinion of the child , is equally an enemy to both . there is a sweet eccho of conjugall affections between the married , and he that shall go about to interrupt it , is a hater of them both , and a subverter of their family . in the naturall body , such is the connexion between it and the head , that a separation is destructive to both , where as otherwise , the head in the body , being the seate of the vitalls , and the brain in the head , of the animall spirits , reciprocally communicating preserve the whole : our gratious soveraigne is the common parent , husband , and head , if therefore there shall be any found to be as undermining pyoners envying to disaffect our parent to us , to divorce us from this our husband to divide us from our head . my just motion is , that upon a watchfull discovery , whereon i would have every mans good intent , they may receive the extremity of severity as they deserve , and if any of them shall prove member of this house , that the furnace may be heated ten times hotter , for betraying the trust reposed in them , by their county that sent them hither . a speech spoken in the house of commons , by sir beniamin rudyard . m. speaker , in the way we are , we have gone as far as words can carie us : we have voted our own rights , and the kings duty : no doubt there is a relative duty between a king and subjects ; obedience from a subject to a king , protection from a king to his people . the present unhappy distance between his majesty and the parliament , makes the whole kingdome stand ama●●d , in a fearfull expectation of dismall calamities to fall upon it : it deeply and conscionably concerns this house to compose and settle these threatning ruining distractions . m. speaker , i am touch'd , i am pierc'd with an apprehension of the honour of the house , and successe of this parliament . the best way to give stop to these desperate imminent mischiefs is , to make a fair way for the kings return hither ; it will likewise give best satisfaction to the people , and will be our best justification . m. speaker , that we may the better consider the condition we are now in , let us set our selves three yeers back : if any man then could have credibly told us , that within three yeers the queen shall be gone out of england into the low-countreys , for any cause whatsoever : the king shall remove from his parliament , from london to york , declaring himself not to be s●fe here : that there shall be a totall rebellion in ireland , such discords and distempers both in church and state here , as now we find ; certainly we should have trembled at the thought of it : wherefore it is fit we should be sensible now we are in it . on the other side , if any man then could have credibly told us , that within three yeers ye shall have a parliament , it would have been good newes ; that ship-money shall be taken away by an act of parliament , the reasons and grounds of it so rooted out , as that neither it , nor any thing like it , can ever grow up again ; that monopolies , the high-commission court , the star-chamber , the bishops votes shall be taken away , the councell table regulated and restrained , the forrests bounded and limited ; that ye shall have a trienniall parliament ; and more then that , a perpetuall parliament , which none shall have power to dissolve without yout selves , we should have thought this a dream of happinesse ; yet now we are in the reall possession of it , we do not enjoy it , although his majesty hath promised and published he will make all this good to us . we stand chiefly upon further security ; whereas the very having of these things , is a convenient faire security , mutually securing one another , there is more security offered , even in this last answer of the kings , by removing the personall votes of popish lords , by the better education of papists children , by supplying the defects of lawes against recusants , besides what else may be enlarged and improved by a select committee of both houses , named for that purpose . wherefore sir , let us beware we do not contend for such a hrzardous unsafe security , as may endanger the losse of what we have already ; let us not thinke we have nothing , because we have not all we desire , and though we had , yet we cannot make a mathematicall security , all humane caution is susceptible of corruption and failing ; gods providence will not be bound , successe must be his , he that observes the wind and rain , shall neither sow nor reape , if he can do nothing till he can secure the weather , he will have but an ill harvest . master speaker , it now behoves us to call up all the wisdome we have about us , for wee are at the very brinke of combustion and confusion : if blood ( once more ) begin to toueh blood , wee shall presently fall into a certain misery , and must attend an uncertain successe , god knowes when , and god knowes what . every man here is bound in conscience to employ his uttermost endeavours to prevent the effusion of bloud ; blood is a crying sinne , it pollutes a land : let us save our liberties and our estates , as wee may save our souls too . now i have clearely delivered mine owne conscience , i leave every man freely to his . finis . the earle of bristoll his speech in the house of lords the xx day of july upon the bill of indempnity bristol, george digby, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the earle of bristoll his speech in the house of lords the xx day of july upon the bill of indempnity bristol, george digby, earl of, - . p. [s.n.], london printed : . item at : incorrectly labelled wing b . reproduction of the originals in the british library and the huntington library. eng england and wales. -- parliament. great britain -- history -- commonwealth and protectorate, - . a r (wing b ). civilwar no the earle of bristoll his speech in the house of lords, the xx. day of july . upon the bill of indempnity· bristol, george digby, earl of f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the earle of bristoll his speech in the house of lords , the xx . day of july . upon the bill of indempnity london , printed in the yeare , the earle of bristoll his speech in the house of lords . my lords , being to speak unto your lordships somewhat more extendedly than is my use , and upon a subject wherein there may be perhaps not onely difference ; but even fervour of opinions ; i find my self obliged by som●●what that happened to me here the oth●● day , to beg a favour of your lordships , t●●● if i should chance to erre in formes and orders of the house , 〈◊〉 that there should slip from me unawares any expression th●● may be dissonant to the ears of those who understand b●●●●● than i the force and propriety of words , you will not be se●●● unto me , but be pleased to consider , that i have been six●● years out of my countrey , and in a profession far differing fr●● what i am now a doing : in confidence of this indulgence i sh●●● proceed . my lords , you have here before you in this bill of indempnity the most important business that perhaps the house of peers hath at any time had in deliberation ; it is that upon which the honour or eternal reproch of the nation abroad , and its happinesse or confusion at home , seems ( next under gods inscrutable providence ) most principally to depend . for on the one side , how abhorr'd a nation must we needs be to all others , if the infamy of our sovereigns murther should not be throughly washed away by justice in the bloud of the guilty ? and on the other , what happiness or quiet can we hope for at home , nay , what new combustions ought we not to apprehend , if the criminal and the misled ( between whom the eye of the law can make little distinction ) making up so numerous a part of the nation , their fears , which might urge them to new crimes , should not be secured by the firmest assurances of impunity ? punishing and securing are certainly the two principal ends of this bill , and wherein as certainly every one of your lordships doth concur ; but whether the means of attaining those ends have been sufficiently lighted upon by the house of commons ●n this bill , that i suppose is the present question ; and where●● i think my self in duty obliged to expresse unto your lord●●ips with freedom and sincerity my judgment , in all humble ●●●mission unto yours . as for that part of the bill which relates to our sovereigns ●●rther , i find it so short and so much out of the way , of what ●e owe , both to the severity and solemnity of that revenge , ●●●t i cannot but think it in some sort ( pardon the expression ) ●rophanation of the due rites of that sacred expiation , to ●●ndle it in the same bill promiscuously with other more vulgar things . my motion therefore shall be , that there be forthwith a committee appointed , to consider of all things fit to be done for the washing away of that stain from the nation , and from the age wherein we live ; and to draw up an act purposely and solely for that end . in confidence that this motion will either be embraced by your lordships , or that , if it be opposed , i shall have the liberty to fortifie it by my reasons , i shall set that business apart , and apply my discourse to what concerns this bill in all other relations : in which i shall not make nice to tell your lordships , that i think it defective in many things reasonable , and redundant in some things unreasonable ; and yet , notwithstanding , not onely my humble motion , but my most earnest pressure , as far as with humility i may , shall be , that we may proceed immediately to the passing of this bill , with little or no alteration . this , my lords , may appear a surprising motion from a person thought to be , as indeed i am , as much inflamed as any man living with indignation at the detestable proceedings of the late usurped power , so pernicious to the publick , and so injurious to my own particular ; in whom the motion may seem yet more surprising , when i shall have told you with truth , that i am irreparably ruined in my fortune for my loyalty , ( if this bill of indempnity to others for their disloyalty should passe as it is here offered unto your lordships . ) but the ground i go upon is , this received maxime as to all publick sanctions , better a mischief than an inconvenience : yea , better innumerable mischiefs to particular persons and families , than one heavy inconvenience to the publick . my lords , i profess unto you i find my self set on fire , when i think that the bloud of so many vertuous and meritorious persons , peeres and others of all ranks , so cruelly and so impiously shed , should cry so loud for vengeance , and not finde it from us . that many of the wickedest and meanest of the people should remain as it were rewarded for their treasons , rich and triumphant in the spoiles of the most eminent in vertue and loyalty of all the nobility and gentry of the kingdom . what generous spirit can make reflection on these things , and not find his heart burn into rage within him ? here it is , my lords , that we sufferers have need of all our philosophy . but when i consider that these are mischiefs only to the sufferers , and that to insist upon a remedy might perhaps expose the publick to an irreparable inconvenience , i thank god i find in an instant all my resentments calmed and submitted to my primary duty . my lords , we have here in our view a kingdom tossed and rowling still with the effects of past tempests ; and though , god be thanked , the storm be miraculously ceased , we can not say that the danger is , untill we get into still water : that still , that smooth water is only to be found in the generalities security from their guilty feares , and in the two houses union between themselves , and with their soveraign . whether the latter may not be endangered if we should enter into controversie upon the particulars of this bill , i leave unto your lordships to judge . but certainly as to the former , there can be no hopes of raising moneys , of disbanding armies , or of settling that happiness and tranquillity which we all sigh for , of being governed under our gracious soveraign by the ancient and known lawes of the land , whilst universal feares shall subsist by the delay in passing this bill . my lords , i shall summe up unto your lordships my whole drift in a few words . i think that in this bill there are many things wanting which solid and important reasons would require to be added , and many things inserted into it , which justice to his majesties interests and to particular persons would require to be omitted of rectified : but i conceive at the same time that the mischiefs of the delay in passing it do far out-weigh all the advantages of improving it . my lords , i shall conclude my discourse and your lordships trouble with the application to this purpose of a memorable saying of that illustrious minister , the cardinall mazarins , at a council in the wars of france , whereunto i had the honour to be called . it was , that in the great affaires of the world he had not known any thing do more hurt then these two words , faisons mieux , let us do better . for , said he , whilst good wits endeavour by debates to bring good counsels to a greater perfection , they do for the most part lose the opportunity of timeing things rightly , which in great actions is of far more importance then the preference according to refined reason betwixt good and better . upon this ground my conclusion is , that , that part which concerns the kings death being put in the way proposed , we should proceed to the speedy passing of this bill without losing any time in emendations ; but if we be destined to so fatall a losse by raveling into particulars , i shall in that case desire leave to offer unto your lordships therein my reflections also . finis . a moderate and most proper reply to a declaration, printed and published under his maiesties name, december intended against an ordinance of parliament for assessing, but indeed animating and encouraging the malignants, and delinquents, in their violent courses, for the maintenance of themselves, and their malignant army. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a moderate and most proper reply to a declaration, printed and published under his maiesties name, december intended against an ordinance of parliament for assessing, but indeed animating and encouraging the malignants, and delinquents, in their violent courses, for the maintenance of themselves, and their malignant army. prynne, william, - . [ ] p. [s.n.], london : printed, . attributed to william prynne --cf. nuc pre- imprints. imperfect: print show-through. reproduction of original in the huntington library. eng england and wales. -- parliament. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing m a). civilwar no a moderate, and most proper reply to a declaration, printed, and published, under his maiesties name, december, . intended against an ordin [no entry] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a moderate , and most proper reply to a declaration , printed , and pvblished , under his maiesties name , december , . intended against an ordinance of parliament for assessing . but indeed animating and encourageing the malignants , and delinquents , in their violent courses , for the maintenance of themselves , and their malignant army . london , printed , . a moderate and most proper reply to a declaration , the pen that drops this declaration , lately set forth under his majesties name , is a fellow to that tongue which cuts like a sharpe rasor , the rasor is sharpe but it plainly appeares that malignancy is the whetstone , and gives it the edge ; for so it cut , it cares not though it mangles truth and goodnesse ; and so it cut those whom it hates , it cares not though it cut also those whom it professeth to love . for the maine worke of this declaration is to condemne that in war , which the favorits , if not the framers of this declaration have practised in peace , yea to condemne that which in war the parliament hath done for the preservation of the kingdome , being far lesse then that which themselves have done in this war for the ruine and destruction of it . the great outcry of this declaration seemes to be for the property of the subject . but doth not this cry come from the same shop , from whence heretofore issued inforced loanes , knighting money , benevolences , and ship-money ? and from whence more lately issue plunderings , ransomes for not plundering , monthly taxes of an high value and rate , so that this cry seemes to be like that of the high-way man , who having taken money from a passenger , to put away the suspition of it , raised an hue and cry against himselfe , for is it in earnest to be thought , that the destroyers of property , are now suddenly become the patrons of property ? or rather that by this assessement they are likely to be put from their old trade and therefore are offended ? for indeed , this which they call taking away of property , is the meanes of preserving property for ever . besides , they have put upon the parliament a necessity of assessements , and that is their fault , and yet this fault of theirs they cast on the parliament . againe they know that the houses have power to tax the whole kingdome ; and the tax of the commons of england ariseth onely from the house of commons ; against this they object only the want of the kings assent ; which assent being withheld by themselves ; they againe cast their own fault upon the parliament . the * king without the two houses layes taxes and gives warrants for plundering , and this with their advice and assistance , even to destroy the parliament , but the two houses cannot have their leave to lay an assessement without the king for their owne preservation , and the preservation of the kingdome . yet is it well known that there are sundry lawes which exclude the king from laying taxes without consent of parliament : but no law that the parliament , or two houses should not lay taxes , when the king not only deserteth them , but makes war against them . in the kings infancy what assent of the king have the two houses for the laying of taxes ? and it were to be wished that desertion of parliament , and war against the parliament , did not give greater cause and necessity of taxing without that assent , then the former . briefly , the parliament is inforced to a war for it's owne defense . this defense cannot be maintained without money , and this is the anger that there is money gotten to maintaine it . for if justice in the way of raysing it , were their quarrell ; the same justice would make them to quarrell with themselves ; when they rob whole townes , not of the twentieth part , but of twenty parts of twenty . where is this quarrell of justice when they lay monthly takes in oxfordshire , and other taxes in the west ? where was their justice when they robbed in old branford , as well their friends , as their opposers ? had they the kings consent or had they it not ? i thinke they will be asham'd to acknowledge either . howsoever certainly they had not the consent of the two houses of parliament , and so it was without law , and wholy without this justice which they now exact of the parliament . shall we attribute this to an excessive charity , that they love others above themselves , and so would have others more just and honest then themselves ? or rather do they desire that other men may be just that they by injustice may destroy them ? they would not have men just , but naked and undefended that so by armed injustice and violence they might subdue them into an everlasting bondage , and misery . but these men are still troubled with altering the property of hull , and will needs awake not a sleeping but a slaine and dead objection . if they will be ever speaking of it , they must ever heare , that he that takes away a sword from one that would kill him , and takes it onely that hee may not kill him , takes not away the property , but the mischiefe . he doth not meane to profite himselfe by the value of it , but to save himselfe from the cutting of it . and if nothing else will convert the penman of this declaration , this perchance would serve the turne , if he had no other meanes of livelyhood and maintenance , but the revenues and profits which the parliament receiveth from hull . as for the army of the earle of essex raysed to destroy the king ( for so the declaration will have it ) it is such another truth , as if , when the earle of essex his souldiers fought at branford to defend themselves and some of their owne friends and fellowes formerly taken by the malignant army were set in the forefront , it were sayd , that the earle of essex his souldiers did fight against their owne fellowes to destroy them . these be the men that goe about to destroy the king , that by armies of their owne enforcing the parliament to raise an army to defend it selfe , bring the king betweene two armies and so into the danger of that destruction , which themselves both cause and object . they are the men that seeke his destruction , that cause his presence there , where destruction is ; and cause his absence there where his safety is . but certainly the parliament wisheth his absence from the army , wherelies the danger , and his presence in parliament , where is his assured safety . but here followes another wonder that those men who plunder without giving any warning , should finde fault with sir edward bayntons warrant which , as themselves say , gave warning to men , that they might escape plundering . * but if he had plundered them without warning , they had nothing to object against him but their owne fault . a declaration succeeds in prayse of property which being indeed so pretious , gives a strong exhortation to the parliament to rayse so much money as may safely defend it . in the parliament lies the roote of property , and to pull up parliaments , is to pull up property by the rootes . therefore to defend property , the parliament must be defended : and to defend the parliament money must be raysed . so to take part of mens goods to defend the parliament is to defend property , even in the roote of it ; if the branches be cropt to preserve the roote , the branches may againe he supplyed and renewed by the roote , but if the roote be pull'd up , which these men endeavor , the branches perish for ever . and this is their griefe , that this roote of property is preserved . and can they take a care of the branches of property who would pull up property by the roote ? which being pull'd up , not onely the twentieth part ( which is their complaint ) but the other nineteene are utterly lost . but neither doth this ordinance enjoyne the taking of the twentieth part , that number being named , to set a bound to the taxe , which the assessors may not passe . they may take the fourtieth part if they thinke fit ; and it had beene a deed of charity , if these men that finde fault with the taking of the twentieth , had left the twentieth at branford , and the places which they have ransackt and spoyl'd ? and now comes the committee of examinations it selfe to be examined . the questions are , why so called ? and how such power ? surely it should not seeme strange to any that knowes parliaments to call a committee by the name of the worke of it , no more then to call a man that makes shoes , a shoomaker . and except there were a resolution to be angry at all that the parliament does , is it impossible to deny a power in the two houses to imprison ? and , not to dispute the power of the house of commons alone , or a committee of that house which those men unseasonably at this time do question ) the power of imprisoning is from the ordinances of both houses ; and by the same the committee is to name the place and time . so the naming of the time and place , is not by the power of a committee , but of the ordinance of parliament . and it cannot be unknown , that there is in parliament a power not only of liberty and imprisonment , but of life and death . and if it must be called a slavery to be subject to this power , upon this occasion : surely it is first , thus farre a voluntary slavery ; that they may free their persons if they will by a voluntary contribution . secondly , the end of this imprisonment , thus term'd slavery , is to fright them from a perpetuall slavery . but that any members of the house of commons should be excluded from being present at the counsells of the committee of eximinations , is an untruth so notorious and corpulent , that it is to be wondred how the scribe of this declaration , should have an ignorance or malice bigge enough to conceive and bring it forth . especially since so many malignants from which he might have had better intelligence , have past through that committee , who waiting at the doore , while counsells were taking of their causes , might well know and observe , that the members of the house , were not excluded from being present at those counsells . and yet upon this fained accusation , is grounded a tragicall , and dolefull exclamation . as if all parliaments were utterly destroyed , because a committee doth exclude the members of the house of commons , which indeed are not excluded . neither doth it follow as a necessary truth that because men are to be imprisoned by the committee , therefore they shall be separated from their wives and children . for though these are to be removed from london and westminster , the subburbs and counties adjacent , yet the husbands being sent to prisons remote from london and westminster , the suburbs and counties adjacent , they may all very well meete . and certainly it may well be thought that the parliament hath at least as great cause to remove far the malignants and there families , ( the disease of malignancy commonly in this case most affecting the head , and thence flowing into the body of the family . but be it for ever reserved by speciall priviledge , to arch prelaticall tyrany , to banish men into remote ilands , and by parliament commands to teare their friends , wives and children from them . and here againe flowes from this writer , a huge tide of passion . but ( as tides use to turne ) may not this tide thus returne upon him ? is there now any liberty left , but to those that would destroy the parliament , and there with peace , liberty , property , and religion ? is not a violence offered to mens consciences , when they are terrifyed by proclamations of treason , extremities of warre , for keeping their protestation whereby they have vowed to defend the priviledges of parliament , and those that defend them ? and is it any way contrary to the oaths of supremacy , allegiance ; or the protestation , tö defend the parliament against those that would destroy it ? or by force to bring delinquents to parliamentary justice , and to leade captive those , that leade his majesty captive , and strive to separate the head from the body , to the ruine of both ? how many persons of honour , quality , and reputation of the severall counties of england have beene turned out of their offices , places , houses , goods , and lives ? how many are now in prison onely for their faithfulnesse to the parliament and kingdome ? how many substantiall citizens of london have beene seduced to set hands to petitions of dangerous consequence , and to withdraw their hands from assisting the defence of parliament and kingdome ? how many papists , blasphemers , and men of dersperate fortunes , are met in the armies that fight against the parliament , yea : how many papists in these times of warre , are authorized against law by his majesties commission to buy , and take up armes , when as the protestants in divers counties have beene totally disarmed , and their armes taken away , notwithstanding their property in them ? how many godly , pious and painfull divines , are now robbed , and plundered , their bookes and writings spoyl'd and defac'd , and themselves driven to london , as to a city of refuge ? and withall how many of those ministers that preach against the parliament are found to be the same that were heretofore questioned by the parliament , for scandalous , vitious , and abominable lives ? and ( not to put from london over hastily ) is there not a cause to secure dangerous persons in london , and that those of london should be forced to defend london , when as neare as london was to branford , so neare ( in cleare probabilities ) was london to the state of brainford ? for is it to be thought that the cavaliers would have changed their minds in the riding of eight miles ; and that cruelty at branford would have turned into mercy in london ? would they have spared the substantiall citizens at london , who did not spare the very beggers at branford ? would they have asked the rich men at london whether they were for the king , who made no such question to the beggers at branford ? surely it is most likely that as now london may be seene in brainford , so then brainford would have beene seene in london . neither is it unworthy of the name of publike faith , that is given by those that represent the publike body of the kingdome . and whatsoever leave will be given to the word ( publike ) it is enough for the security , if the faith be sound and sufficient for repayment . and ( to speake onely of the house of commons . ) it is certaine that house is trusted with the whole estate of the commons of england . and i hope the commons of england will have enough to pay the debts contracted for the defense of the commons . but in the meane time what faith is given for the taskes and monethly payments imposed on oxfordshire and the westerne parts , under the dominion of sir ralph hopton ? and even this declaration hereafter acknowledgeth that the king has parted from his jewells and plate , ( which it is pitty should have beene turned into the price of the bloud of his subjects ) so that evill councellors have reduced him to that lownesse , that whensoever he returnes to a state , lustre , of majesty and glory , by a right ( that is a parliamentary ) way , it must be by their faithfulnesse and supply , whose faith is now thus slighted and despised . and it is easily believed that our brethren of scotland will not be displeased with the word of publike faith , and i wish it were as fit to be believed , that they have not cause to be displeased with those that by a war raysed against the parliament , endeavour to make the reality of that word , lesse , if not wholly ineffectuall . neither is it for want of speaking but of hearing that these men heare nothing of fundamentall lawes . if hath beene sayd that it is most fundamentall to a state to preserve it selfe , and that the lords and commons in parliament may defend themselves , and their priviledges against delinquents , malignants , and their adherents , that seeke to destroy them : that the commons are entrusted with the estates of the commons ; and the lords , of the lords , and both joyning togethether in disposing them , if the king withhold his assent , which should be given for the preservation of the kingdome , shall the kingdome perish for want of this assent ? much lesse should it be turn'd into an objection against the lords and commons as a fault of theirs , that the king will not assent . but if this be neither spoken nor heard , are these men fit to demand fundamentall lawes for the parliaments disposing of a twentieth part , who can alleage themselves no shadow of any law for exacting two and twenty parts out of twenty ? for such a monster both of arithm●tick and oppression have these men lately engendred : not to speake of breaking the fundamentall lawes in taking his goods , in whom the house of commons is in some sort contracted and represented , what fundamentall law have they for laying a taxe of foure pound a weeke on ninescore pounds yearely rent of the speaker of the house of commons ? what have these men to do to talke of fundamentall lawes , that by a lawlesse , and senslesse oppression , undermine and dig up estates even below their foundations ; and like aegiptian taskemasters will enforce the brick to be made beyond the straw ? and if extraordinary meanes of maintaining an undertaking prove it unlawfull , what an extremity of unlawfulnesse is there in their undertakings , who by these super-extremities of exaction maintaine their undertakings ? as for master pi●s speech which they call excellent , it would make them excellent too , if they would follow it . for it is too manifest , that following the lawes of lust , ambition , and the like vices have brought us to this present confusion . neither is it so strange that in a time of warre against the parliament dangerous persons should be more safely secured from maintaning this warre , nor that members of either house giving cause of suspition by viewing workes of defence or otherwise should be committed with the consent or approbation of either house ; not so strange by much , as that five members of a house , should be drawne forth from the house ( to prison and death as it seemes by the charge ) by force and violence . and for hull , the present good use of new-castle , to admit armes and souldiers for the maintenance of this unnaturall warre , speakes aloud to justify sir john hothams keeping of hull by order of parliament ; neither is tonnage or poundage imposed by parliament ; and is not tonnage and poundage payd to the complainants at new-castle ? but the parliament is the great eye-sore , and therefore when they could not destroy it by pulling away five first ( and how many fives after no man knowes ) nor by an army at branford now it must be overthrowne by paper-bullets and by untruetelling of twenties . but certainly their act of numbring fayles , as well as their vertue of truth , and sincerity . for even in this moneth of december , when the lord major was in the house of commons at prayer ( whereof a part , is a part of common prayer , by which token he may be knowne not to be a brownist , nor a reviler of common prayer ) it is certainly reported there were eight score in the house ; and not many lesse the same weeke when the house consider'd the propositions for peace ; and these men cannot but know that fourty do make a house of commons ; so that their owne number acknowledgeth it to be more , then an house of necessity requires . yet there are also computed about an hundred absent in the army son defence of the parliament ; or in the defence of their owne counties ; in ireland , or for some speciall occasions of their owne . and those that are present , and such others as are thus absent , complayning of no feare it is a worke of supererogatory charity , that these enditers should make , or faine a fearfull complaint for them . true it is , that there are about three score cast out of the house of commons for fighting against the house , or some other great offences , neither needes any one to be afrayd of comming to the house , but those whom their owne guilt makes affray'd of censure and punishment . neither are those that are present awed with an army or tumults , but defended and secured by an army and the goods of the city and suburbs ; and it might passe for a speciall peece of craft if these men could make the parliament so foolishly credulous as to be afrayd of their owne security . it were to be wished , that his majesty , were as free from cause of feare from his army and cavaliers , who are much wrong'd by reports , if they have not put threats upon him , and upon his going from them to his parliament . and next to the parliament , they are angry with the city of london , for being a wall of defence to the parliament . and whereas this paper is so often spotted with the scandall of anabaptists and brownists for their power in the government or actions of that city , if they believe themselves , it were good they did make others to believe them also , by naming some particular anabaptists and brownists that exercise this power , as the parliament hath nam'd the papists which command in the kings army . neither hath the lord major with a faction told the houses that that they will have no accomodation , or peace ; but with the sheriffs and aldermen hath advanc'd and assisted a petition to his majesty for peace . true it is they desire a sound and durable peace , accompanyd with truth , and piety ; neither can they be much blam'd , if they feare pretences of peace that may cover such designes of mischiefe and massacry as lately appeared at branford . but it seemes the notes were taken in short hand which were sent to this writer concerning sir sidney mountague , for if the story had been written in words at length and the whole matter declared , it might have been known , that sir sidney mountague besides refusing the oath ( if it must be so called ) of association , drew forth a declaration , and vouched the authority of it , for calling them traytors that had taken the same . and let these men judge whether it were any part of the vertue of patience that the house which had entred entred that association should indure the word traytor to be cast upon the face of it , or whether it were not a more commeudable vertue of curtesy , to dismisse and separate a person of that opinion from the dangerous and infectious society of traytors . and now follow some mistaken figures of rhetorick which should run on this manner . these are the men that have sent to the states , to treate with them , that they permit not souldiers and armes to come from their provinces , to make and maintain war against the parliament of england . these are the men that have sent into scotland , where murrey is labouring to kindle a fire to consume this nation , to cast water upon that fire ; and withall to intice our brethren of scotland : now the papists are up in armes to seek the peace of this kingdom , and the safety of religion agreeable to the act of pacification . and not only for that act , but for their own security it being an unquestionable truth , that if ireland be the breakfast of the papists , and england their dinner , scotland is likely to be their supper . in a word , these are they that have made a preserving ordinance , to save the parliament , religion , lawes and liberty , which were in danger to be devoured by illegall commissions of array , as illegall sheriffs , armies of papists , and other ill-affected , persons . but the words which follow , that an army was first raysed by the parliament , are so manifestly untrue that it is strange , how they could leave of the lest remnant of conscience to utter-them , and of loyalty to utter them under his majesties name . it is possible they may have heard of a bible , and therein of one david , that like the parliament was accused of rebelling against the king , and these were hunted like a partridge ; but that which i would say to them is according to the speech of that david to abner : yee are worthy to dy because yee have not kept the king neither his life nor honour . the life of the king hath been exposed to danger , by bringing him into the battell ; and his honour , by making his name a cover to notorious falsities . for were not the beginnings of an army raysed in yorke ? * and did not a papist there come forth and say let the sword , try it , before the parliament either made votes , that the king seduced by evill counsell intended a war against the parliament , which votes were also before the beginning of the army of the earle of essex ? and yet if the parliament had raysed forces , that may beare the name of an army to bring delinquents to justice , who can lay any blame upon the parliament , or who can thence gather a reason , why the king may justly rayse an army against the parliament ? yet is the raysing of this army , for defence of the parliament , or of the power and authority of it over delinquents , more then once in the last leafe termed a rebellion . to this , i will fetch an answer , out of bodin . bodin having written much in favour of kings though degenerated into tyrants , and so much that he confesseth he was tax'd for it , yet at last , lights on this story and thereupon gave his sentence . the earle of flanders befieged his subjects in gant , with an army of fourty thousand men . the army within the city was but five thousand . upon this disadvantage , they humbly sued for pardon . the earle answered them , they must come forth with halters about their neckes , and then he would tell them his mind . hereupon , not having any assuraude of mercy , they issued forth , and defeated his great army , with a litle one ; and the earle was forced for his own safty , to hide himselfe under the bed of a poore woman , who sent him forth in a shape far below ( his degree . but hereupon this author inferres ; then did it appeare , that there is nothing morevaliant then a subject brought to despaire , nor any war more just , then that which is necessary . i only adde , if the parliaments war be necessary , and a necessary war is just , certainly a just war , cannot justly be called a rebellion . finis . notes, typically marginal, from the original text notes for div a e- * and the earle of new-castle too . * though it is constantly affirmed that the word plundeting is not in the warrant . see the last declaration . * did not sir francis wortley draw his sword there and cry , for the king , for the king ? bodin de rep. lib. . a letter to a freind [sic] shewing the illegall proceedings of the two houses of parliament and observing god's aversenesse to their actions, which caused the authours returne to the king and his alleagiance. cowley, abraham, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to a freind [sic] shewing the illegall proceedings of the two houses of parliament and observing god's aversenesse to their actions, which caused the authours returne to the king and his alleagiance. cowley, abraham, - . [ ], p. [s.n.], london : . signed at end: a.c. attributed to abraham cowley. cf. wrenn catalogue. reproduction of original in huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (wing c ). civilwar no a letter to a freind, shewing, the illegall proceedings of the two houses of parliament: and observing god's aversenesse to their actions. w a. c a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to a freind , shewing , the illegall proceedings of the two houses of parliament : and observing god's aversenesse to their actions . which caused the authours returne to the king and his alleagiance . london , printed in the yeare m. dc . xlv . a letter to a freind , shewing the illegall proceedings of the two houses of parliament . cosen , you know how earnestly , and with what charge i opposed the illegall demands of ship money and loanes , how i hated court monopolies , and arbitrary justice in the star-chamber , councell table , and marshalls court , how i abhorred the exorbitance of the high commission ; all which the king readily rectified in the begining of this parliament . you know with what cheerefullnesse i tendred my purse ( my person being unserviceable ) for the reformation of religion , the suppressing popery , the establishment of our liberties and properties , the removing of evill counsellors , the reducing the king to his great counsell the parliament , and the uniting of the sister countries in a brotherly union . you remember how willingly we declared and protested , that for the safety of the kings person , the defence of the houses of parliament , the protestant religion established , the lawes , liberty , and peace of the kingdome , we would live and dye with the earle of essex . and this being first commanded by the houses of parliament , then seconded by the pulpit , carried the face of law and the voice of religion , so that with us was all israel from dan to beersheba . we possest all the walled cities , while the king like david in the mountaines had not a towne to retreate to . we had thousands of the choice men strongly armed , while the king had only a handfull of out law'd cavaliers ( as we call them ) and them naked , not a musket , scarce a sword among them . we had all the crowne revenue , all the city plate to bodkins and thimbles , even talents of gold and silver , and the king scarce enough to buy his dinner . our magazines swelled with armes , ordnance , and ammunition of all sorts ; while the king ( the houses having seized his , ) wanted all . and lest he should have supplies from beyond-sea , we possest all his navie , all his port-townes , and left him not a cock-boate , not a haven . and better then all these , we had the advantage of a just cause , fighting for god , and reformation of religion ( as our preachers taught us ) for the defence of the kings person , our lawes , the properties and liberties ( as the two houses told us ) of subjects , and these backed with the pious fastes and humiliations of sanctified congregations , with humble and earnest prayers for successe . and could so just a cause , so piously mannaged , by such religious patriots , can such miscarry or want successe ? especially , while on the other-side the kings small army was unarmed , idolatrous and popish cavaliers , their cause justifying of idolatry , popery , superstition , maintenance of bishops , rebellion against the parliament , and subversion of the fundamentall lawes ; their prayers ( if any ) for successe but supplications out of a popish liturgy . and what can such armies , such persons , such a cause , such prayers expect but destruction ? thus both pulpit and parliament misse-led me , untill of late i considered the successe of both sides , and do you weigh them indifferently , and then tell me where we can boast a victory ? for if we consider the battailes we most bragg of , those at keinton , alresford , lansdowne , yorke , newbury , we shall finde the successe such , as if heaven rather intended both sides vanquished , then us victors . on the other side examine the actions at runawaydowne , newbury , newarke , cropready , lestishiell , pontfract , and elsewhere , weigh the disproportions and disadvantages the kings armies fought with , and then view their successe , and you will finde it so farre beyond the expectation of reason , as it is scarce within the reach of our beleife . inquire what plenty of men , armes , ordinance , great townes and strong holds the king now hath , and so many have we lost . consider how many thousands of men , how many armies my lord of essex , my lord of manchester , and sir william waller have lost , how much treasure they have exhausted , how our navy is decayed , how many of our ships and men drowned , while we had no enemy at sea but heaven ? nay how many of our ships with their lading have the windes ( siding against us ) carried in to the kings aide , and our destruction ? and can these argue lesse then gods displeasure against our proceedings ? these ill successes made me looke backe upon our state actors , that sit at the helme and direct all things , and among them even those that were best reputed of , for reformation and integrity to the common-wealth : as master hampden , that first raised armes against the king , when ( as we thought ) out of danger , you shall finde him shot in chalgrove field where the yeare before he had first taken up his armes . you may see patriot pym , whom the people for his speech applaud like herod , like herod eaten up of lice , the lord brooke ( armed as death could not enter him , and at a distance danger could not reach ) breathing out threats against the church , is before the church with a single bullet shot in the eye . my lord say ( whom heaven cannot hurt , if the plot hold , ) hath one sonne scorned for being a coward in so good a bad cause , his other sonne condemned to be hanged for being honester then his father in delivering bristol . sir john hotham and his sonne , whom the houses justified for treason against the king , the houses ( to maintaine their priviledge ) execute first the sonne , then the father by a court of warre for thinking to be honest . and as if the same method were to be observed for the whole house , they are hanging young waineman to come to my lord his father . the earle of essex whom the first yeare they salute with hosanna's , passe votes for his thanks and trophies ; but now decrie , and as much as they dare scorne and neglect him . warwicke & manchester , ( like tinker fox , and rag-man phips ) must now be squeezed ( as orenges ) to make sauce for the juncto palates , they are rich . others there be deserve observation . while i contemplated these great active men and their misfortunes , i could not thinke them lesse then farthing sparrowes , which fall not without the divine providence , & therefore strictly examined our cause by the rules of law and gospell , and in a matter of this consequence i have taken the best opinions both of divines and lawyers , and of both the most moderate , yet such as were rather engaged on ours , then on the kings side . all the divines agree , our kings to have their power from god , and therefore saint peter commands obedience to kings as to the supreame ; saint paul to the higher powers for there is no power but from god , and therefore ( saith he ) pay ye tribute . and they observe that these commands were to christians ; the obedience commanded to be given to pagans , to heathenish kings , as the romans , those of pontus , asia , bithynia , &c. the divines observe that saint peters epistle was to strangers in pontus , galatia , &c. not natives , they tyed only by a locall alleageance , we by a locall , by a native , by a sworne alleageance ; they to a heathenish , we to our annointed christian king . all divines agree christ would not have his church his gospell planted by any bloud , but his owne , and therefore would not suffer saint peter to strike , to rescue him his king , his god . christ then will not that his vine should be drest , his church reformed with the bloud of christians . yet now our reformed religion permits subjects ( jesuite-like ) to fight against their king , for the propagation of the gospell . and that all things be done ( as the apostle directs ) decently and in order , they have supprest all church-government , and left almost every man to be his owne bishop , and if he will his owne preist . the booke of common prayer composed by all the clergy of england , and they legally called , confirmed and sealed by their bloud , and commanded by severall parliaments for these yeares , yet now on a sudden voted downe as popish . but not one particular exception to any onething in the liturgy . but a set forme of prayer is a binding of the spirit , and therefore our new directory ties not the spirit to words ( for the cloven tongues speake all languages ) but the assembly of godly divines , prescribes only the matter or effect of their prayer , lest the spirit beeing at too much liberty should pray against the close committee and their proceedings . the ten commandements and commination ( as restraining our christian liberty and judaicall ; ) the creed ( not yet rectified according to the sence of the house ) as erroneous ; the epistles and gospells ( fitted to the celebration of their severall dayes ) as popish , according to the discipline of the kirke of scotland , are all excommunicated . so that now in our new reformed church we have neither good commanded , nor evill prohibited , no faith confest , nor good example to imitate . the reading psalmes had beene totally banished the church , because written by a king ; but in respect david was a prophet too they are left to the wisedome of the minister , to read if he will . but the better meetre of hopkins and sternhold , because composed by commoners , are commanded to be sung , to waken the sleepie devotion of the otherwise mute congregation . i pray thee pardon mee , that i a little sport with our misery ; but 't is in private , and onely to thee . all the lawyers i have spoken with ( except corbet and master prideaux ) unanimously agree that all ordinances made by one or both houses of parliament without the king's assent are ( like man without the breath of life ) handsome models , but uselesse : and that all things done or acted by colour or direction of those ordinances are illegall and invalid , and that there is neither president to warrant , nor reason to maintaine them . and that both our ancient and moderne lawes were made by the king , but advised and consented to by both houses , all which appeares clearly in the penning of our ordinances and acts of parliament , even from h. . untill within these two yeares ; for they run thus : the king at the instance of his great men provided and ordeined that , &c. and that manner of penning held untill r. . and then the king by assent of the lords , and at the request of the commons ordaines and establisheth , &c. and all the following parliaments , even this present in the act for the trienniall parliament uses the same words , be it enacted by the king , with the consent of the lords and commons . so that in all ages the king made the law , the lords and commons doe but advise and consent thereunto , and custome ( that is , a great part of our law ) will not that any old law be abrogated , or a new law made , but by the king with the consent of the two houses ; and they are all confident that master pryn cannot shew any one ordinance made without the kings assent , nor any one booke or any ancient opinion that they might ; nay the very practice of the houses is against it ; insomuch as nothing is of record with them but what hath life by the kings assent . so as if a bill hath passed in both houses , yet that if the sessions of parliament end before the kings assent had to that bill , the next sessions the same bill must be as at first thrice read in both houses ; and againe , have all the formalities and circumstances as it had the first sessions ; for they cannot this sessions take notice of their owne actionsin that before . the knights , citizens , and burgesses , are but atturnies or deputies for their severall counties , cities , and boroughs , and therefore they cannot ( as barons which sit in their owne right ) make a deputy or party to consent or act for them : because by law an atturny cannot make an atturny , & assigne the power and trust to another which is reposed in himselfe , and therefore cannot make committees in severall counties to raise armes , to commit their fellow subjects , &c. nor can atturnies exceed or alter the power given them by their deputation or letter of atturny , but must follow that . and what the power and authority given them is appeares in their indenture betweene the shriffe and those that elect them : which is but according as the kings writ requires , & not power to doe what they list , as appeares by crompt . juris . fol. . the constant practice and course of courts best shewes the power and jurisdiction of the court , ( say the lawyers ) and they averre that there is not any one ordinance of parliament to be found made by the lords and commons without the kings assent . and surely had the two houses such power , the parliament of edw. . rich. . and hen. . so bitter against the king , would have found both the precedent , and made use of the power . let these therefore that are so ready to raise armes without the kings assent , nay contrary to his command , nay even against his person , let them consider , that in rich. . where his barons of parliament and others by colour and in persuance of an ordinance of parliament , whereby hugh de le spencers were banished and to be proceeded against as enemies to the king and kingdome in case they did returne ; the sonne returning to the king , the barons and others pretending that the de le spencers could not be legally attainted by processe of law , because they ( the de le spencers ) had usurped the royall power , and therefore in case of necessity ( for so is the booke of old mag. char. fol. . ) mutually bound themselves by oath , ( as we by our protestations ) and with armes and banners displayed persue the de le spencers , and kill and imprison divers of the kings subjects , and take their townes , castles , houses , &c. and all without the kings assent , ( as ours doe ) for which they were glad to take a pardon , ( as ours would be of an act of oblivion the scotch word for a generall pardon ) for that oath , their armes , &c. touching the opinion raised this parliament , that the two houses are above the king , and therefore the king ought and must passe such bills , such acts as they resolve and offer to him . that ( say the lawyers ) is totally false and against all reason , law , and practice in all ages . and in considering thereof they have not beene led by the pamphlets published this parliament on either side , because such ( like schoole-disputants ) rather endeavour to maintaine their position and side , then to discover truth : therefore the lawyers grounded their judgement upon bookes formerly written , upon precedents of moderate times , when the kings prerogative and subjects liberty both knew and kept their proper bounds . the parliament ( say they ) of the hen. . cap. . declares , that the realme of england is an empire governed by one supreame head and king , having the dignity and estate of the imperiall crowne , unto whom a body politique compact of all sorts and degrees of people by the name of the spiritualty and temporalty beene bound , and owe next to god a naturall and humble obedience , being by gods goodnesse endued with plenary whole and entire power , authority and iurisdiction within his realme . this body politique no doubt is the two houses of parliament , and doubtlesse then the two houses owe this naturall and humble obedience ; and then sure if the servant be not greater then his master to whom he owes his obedience , the creature then his creatour , then the two houses that ( as appeares by their owne act for the continuance of this parliament ) are called by the king , and by him dissolve able , are not above the king , that is their breath and gives life to all their actions . and if the king be by god endued with plenary power , entire authority and jurisdiction . consider from whom can the two houses have their power , their authority , and jurisdiction to be above that given by god . in caudries case in the report . fol. . the king is said to be the vicar of the highest king , ordained to governe and rule the kingdome and people . the parliament in the hen. . acknowledged the jurisdiction of kings to be immediately from god . the statute of the of hen. . cap. . declares the king to be the onely supreame head in earth under god of the church of england , and that he hath power to redresse and reforme all errors and abuses in the church . in the hen. . cap. . the parliament declares , that the king is the onely supreame head under god of the church of england , having the whole governance , tuition and defence thereof , and of his subjects . and consonant to that is our statute , eliz. and in our oath of alleagiance , ( ordained by act of parliament ) we and especially the members of the house of commons acknowledge and sweare , that the kings highnesse is the onely supreame governour of the realme , both in ecclesiasticall and temporall causes . and our lawyers say , that the king being the supreame governour cannot have any governour naturall or politique , ( as the two houses ) above him ; and as he is the onely supreame governour must needs be above all other governours either naturall or politique . by the same oath we sweare allegiance to him and his heires and successours , which must needs be to his naturall capacity , for his politique cannot have heires . and in the case of the dutchy of lancaster , plowd . . it is resolved that the body politique of the king cannot be severed from his naturall body . and then it is ridiculous to thinke , much more to say , that the politique capacity of the king is included in the two houses of parliament , when his naturall is absent and dissenting to what they doe . if the two houses could make a law or ordinance to binde the subject without the kings assent , why should not all the bils that passed both houses but had not the kings assent , why should not they be good and valid , and binde the subiects ' they had the votes of both houses when full and entire , they had more consideration , more circumstance , all necessaries ( but the kings assent ) to the making of a law ; yet these bils in all ages have beene held naught and invalid . and shall the votes of the two houses uponmotion of a worthy member ( though not a th part of either house be present ) and without the kings assent , shall they make a good ordinance to repeale five statutes in the reignes of edw. . and queene eliz. as in the ordinance for the directory , and the booke of common prayer : all which have stood unquestioned these yeares , and in which time we have had parliaments , in which our now parliament-mens fathers and grand-fathers were members , and ( i beleive ) as wise , as honest , and as religious , as their sonnes and grand-children , and they approved , they practiced and followed that liturgy . the parliament jacob . cap. . prayes the kings royall assent to a bill , without which nothing ( say they ) can be compleate and perfect , nor remaine to posserity . and cowell ( who writ about yeares since ) speaking of the regality of the king , comprised under the title of prerogative , there is not one ( faith he ) that belonged to the most absolute prince in the world , which doth not also belong to our king , onely by the custome of this kingdome he maketh no lawes without the consent of the three estates , [ lords spirituall , lords temporall , and the commons ] though he may quash any lavv concluded by them . then how shall the votes and ordinances of a small part of the house be good , when against magn. char. against the petition of right , against our allegiance and protestation ? yet must we venture our lives to murther our brothers , and fellow subjects , or they us , or both , to maintaine what they vote , though against law , contrary to the gospell , and without precedent . but the two houses doe but endeavour to take the king from his evill counsellours , to bring him to his parliament , where he ought to be present & resident , or else they may force him , yea eradicate three eares of wheate to destroy one of tares . for that ( say the lawyers ) there is no precedent , no booke unlesse writ within these two yeares . but master hooker , alias vowell , ( who writ about the beginning of queene elizab. & is much quoted by master pryn ) writing the manner of holdings of parliaments ( as we may see in hollinshead , part . fol. . ) saith , that the king is gods anointed , his deputy and vicar on earth , the head of his realme , the cheifest ruler , on whom wholly and onely depends the government of the estates of the realme . that the king ought to be personally present in parliament three daies in every parliament ; first , on the day of appearance , secondly , on the day when the speaker of the house of commons is presented ; the third , when the parliament is prorogued . and for other daies ( saith the booke ) he is at his choice , to come or not to come . and it appeares by the statute of hen. . cap. . that if the king be absent from the parliament , he might alwaies give his royall assent by commission under the great seale , and by that it seemes he had liberty to be absent if he would . when rich. . refused to come to his parliament , the lords ( that threatned to depose him ) onely averred , that by an old ordinance of parliament if the king absented himselfe forty daies , then they might every man returne quietly to his owne house , and that they would doe so if he came not ; but they pretend no law to raise armes , to compell the king to come . and surely had there beene any colour to justifie it they would not have omitted it , and if there had beene any law or precedent ( though by popish parliaments ) since ric. . time to raise armes or make lawes without the kings assent , master pryn's zeale to the cause and hatred to the king would have found it before now . since therefore that the two houses cannot without the kings assent make a new nor abrogate an old law , cannot without the kings assent raise armes to execute a person condemned by parliament with the kings assent ( as in hu. de le spencers case ) but they must have a pardon for it . in what case are we , that have without the kings assent , nay contrary to his expresse command , contrary to mag. char. contrary to our petition of right , car. by armes taken the th part of every mans estate , imprisoned their persons , imposed new loanes , and new impositions , hanged citisens and gownemen , contrary to the priviledges of parliament , executed even members of the parliament by martiall law , and at the parliament doore , while the houses of parliament were sitting , the kings bench ( as we pretend ) open at westminster , the gaole-delivery for london and middlesex in the old baily ? nay contrary to our petition of right , & our statute made this parliament , have we not in the kings name because we could not in our owne , pressed our fellow subjects , and by armes compelled them to fight ? contrary to their sworne allegiance and vowed protestation , which is to maintaine the reformed protestant religion , expressed in the doctrine of the church of england ; yet we fight to turne out the liturgy , and prayers ordained by the whole church of england , and which we have long knowne to make roome for the extemporary and unknowne prayer of a single man , and him often unlearned , sometimes debauched , and this according to the kirke of scotland , not of england : to defend the kings royall person , his honour , his estate ; yet we iustifie them that fight against him , that permit nay licence libellous pamphlets against him and his honour , that robbe his exchequer by receiving and keeping from him his revenew : to maintaine the priviledges of parliament ; yet hale the members to prison , nay to execution by martiall law : to maintaine the lawfull rights and liberties of the subject , yet fight to have our estates , liberties , and lives taken away by votes , ordinances , and martiall law , and against the kings command . we have protested to preserve the peace of england , scotland , and ireland , yet fight here among our selves to annihilate and breake the cessation of armes and the peace there , and send for the scots hither to robbe , murder , and ( if god be not better to us then we to our selves ) utterly subdue and inslave us , to set up and enrich themselves . by what law can the scots prescribe us a church government ? by what law have they ( our homagers ) a voice in the settling of our militia , and the lawes of our nation ? to conclude , we fight to save a few close-committee men , our state-actours that have perswaded and voted us , and inforced the poore common souldiers to commit rapine , bloud-shed , sacriledge , and rebellion , to protect them , who with shimei , reviled and flung stones and dust at david by their declarations and pamphlets , who by their remonstrances and votes endeavoured to discover with cham the nakednesse of their father , who following the counsel of achitophel , have in the sight of all israel lyen with davids concubines , by usurping his authority and royall power . we fight to secure them , whom an act of oblivion cannot , and therefore must have the militia at their sole dispose , that the swords , and lives of the poore souldiers may protect , whom the law cannot justify . we fight to make london an independent city , to make the maior aldermen and common-councell a third house of parliament , and give them the tower of london , with the militia of the city and suburbs , lest the king being but gods vicar on earth their only supreme governour and soveraigne lord , as severall acts of parliaments have declared , lest he should rebell against them his native , his locall and his sworne subjects . we fight to abolish the ten commandements , the creed , the epistles and gospells , because not consistent with the scots presbyteriall discipline . what one act of charity or mercy have these reformers of religion done ? where have they offered to the king to part with any thing of any pretended right , liberty , or priviledge , to settle a peace in this church and common-wealth ? nay which of these is not greater in estate and wealth , in power and authority , then he was before the civil warre beganne , or shall be after the warre ended ? have not the earles of warwicke , manchester , and others that you know much inriched themselves and freinds by the harvest of this warre ? have not their chaplaines burges , sedgewicke , case , peters , and others treble revenues and in-comes , to preach doctrines answerable to the occasion of raising money , men , or armes , or crying no treaty , no peace ? doctrines sutable to their church and practice , that have in cold bloud murdered many poore protestant english-irish , for being on the kings side . while on the other part the king not delighting in bloud , hath pardoned divers whom the law condemned , nay he hath proclaimed pardon to all that would take it , and to purchase peace , he hath offered to part with his right , to divide his militia , putting it into the power of twentie men , whereof he to name ten , and the two houses ten commissioners . he desires and offers that popery may be supprest according to law , and not papists murdered because irish . he is willing that both church and common wealth should be rectified according to law , and according to law he offers to have all persons to be tryed by law . he commiserating his oppressed subjects the distracted church and ruined common-wealth , hath offered and desired a cessation from armes , but cannot obtaine it ; and then shall wee not beleive him the true father that would save the child ? god would not have his temple built by a man of bloud , though even david ; nor would christ have his church reformed with the bloud of christians . the king of peace cannot delight in warre . upon these considerations , cosen , i am resolved to leave their party that have misse-led me and my poore country-men to our ruine ; and i will now lay hold of the kings mercy and pardon offered by his proclamation , and by a hearty repentance i hope to expiate the bloud , the treason , and sacriledge , i have countenanced by my former opinions , and supported by my purse and perswasions . and i doe heartily wish , that my poore country-men and neighbours that by an illegall presse are forced from their wives and children , from their parents and freinds , to fight against the english protestant religion and liturgy , to set up a scotch directory against their king , to pay a tribute to their fellow subjects , against their protestation to protect such as have seduced and deceived them and their nations , that have raised this unnaturall warre upon pretences , feares and jealousies , and by the murther of many thousand english christians keepe themselves from a legall triall , that they may still sit quietly voting at westminster , and eate the fat of the land . cosen , i doe heartily wish that both you and the rest of my poore country-men would consider and weigh these things , and that god would give you relenting hearts truly penitent for these horrid sinnes , and then i would not doubt but you and they would end this warre ( for 't is in your powers ) by returning to the english protestant religion and liturgy , to your sworne alleagiance to your anointed king , and then to your owne vines and figge-trees . and no doubt but both you and they shall receive from god and the king the blessings due to the blessed peace-makers : which is heartily prayed for by him that will lead you the way , fleet-streete may . . a. c. finis . some sober inspections made into carriage and consults of the late long-parliament whereby occasion is taken to speak of parliaments in former times, and of magna charta, with some reflexes upon government in general. som sober inspections made into the cariage and consults of the late long parlement howell, james, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some sober inspections made into carriage and consults of the late long-parliament whereby occasion is taken to speak of parliaments in former times, and of magna charta, with some reflexes upon government in general. som sober inspections made into the cariage and consults of the late long parlement howell, james, ?- . [ ], p. printed for ric. lownds ..., london : . dedicatory epistle signed: j.h. later published under the title: philanglvs. advertisement: p. . reproduction of original in huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (wing h ). civilwar no some sober inspections made into the carriage and consults of the late long-parliament, whereby occasion is taken to speak of parliaments in howell, james f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion some sober inspections made into the carriage and consvlts of the late long-parliament , whereby occasion is taken to speak of parliaments in former times , and of magna charta , with some reflexes upon government in general . cupio ut rectè capiar . london , printed for ric. lownds , at the white lyon in st. pauls churchyard near the west-end , . to his highnesse the lord protector . my lord , among the multitude of mighty atchievements which your highnesse hath performed so much to the astonishment of mankind , the dissolving of the late long parliament may well deserve to bee rank'd in the numbe : for thereby your highnesse hercules-like , may be said to have quell'd a monster with many heads ; such a monster that was like to gormandize and devour the whole nation , as will appear in the ensuing discourse , which though small in bulk , yet the subject matters is of the greatest concernment ( otherwise i had not ventured on so high a dedication ) for it treats of the power and practise of english parliaments in former times , with the first rise of the house of commons , and of magna charta , &c. which will bee found to have had but hard births . there was matter enough to have compil'd a far greater volumn , but i have woon'd it upon a small bottom , in regard that besides my natural hatred to superfluities and circumlocutionss ; i would not bee so unmannerly as to hold your highnesse too long , who have suca world of high businesses perpetually in your thoughts . one thing i humbly promise your highnesse , that the quotations here produc'd ( whereof there are many ) are all true , and extracted out of authentick records , but what consequences soever are drawn from them , the judgement is still reserv'd for your highnesse , endernier ressort . there is a memorable saying of charles martell in that mighty revolution in france , when hee introduc'd the second race of kings , that in the pursuit of all his actions , he used to say , that he followed not the ambition of his heart , as much as the inspirations of his soul , and the designs of providence : this may be applied to your highnesse in the conduct of your great affairs , and admirable successes . so craving pardon for this high presumption , and the boldnesse of the subject , for which i humbly beg your protection , i rest in the lowliest posture of obedience at your highness command i. h. to the knowing reader touching the method of this discourse . there are various wayes for the conveyance of knowledge to the understanding , and to distil it by degrees into the cels of humane brain ; it may be done either by a down-right narration and continued discourse ; or by allegories , emblemes , and parables ; or by way of dialogue , interlocutions and conference ; the first , is the easiest and most usual way ; the second , is the most ingenious and difficult ; the last the most familiar and satisfactory ; when one doth not onely inform but remove , and answer all objections and quaeries that may intervene all along in the pursuit of the matter . it is the mode and method of this treatise , which discoursing of the affairs of england , proceeds by way of colloquy 'twixt philanglus and polyander : the first a good patriot , and great lover of the english ; the other a person who had seen much of the world abroad , and studied men , as both their names do intimate . conveniunt rebus nomina saepe suis i. h. some inspections made into the cariage and consults of the late long parlement , &c. in a colloquy 'twixt philanglus and polyander . gentle sir , philanglus . how glad am i to see you so well return'd to england after so long a separation , having breath'd air under so many diffe●ing climes , convers'd with nations of so many differing complexions , and made so many hazardous voyages and itinerations both by land and seas , as i understand you have . polyander . 't is true , there is a kind of hazzard that hovers over our heads wheresoever we pass in this transitory incertain world , the morning cannot presage what the evening may produce , some odd thing may happen 'twixt the cup and the lip ; but the danger of forrein travel , or peregrination is nothing so great as 't is commonly apprehended ; one may travell all europe with as much security and accommodation as any part of england ; one may goe from calis to constantinople , as safely as from bristol to berwick ; one may passe from vienna to venice , from paris to prague , from madrid to magdenburgh , as securely as from london to lancaster , or from saint davids head to dover ; 't is true , that before negotiation and commerce made mankind more communic●ble , it was an uncouth thing to travel , or make removes far from home ; in this island , not an age since , if one were to make a journey from wales to london , much more from london to france , it was usual for him to make his last will ; but now the world growing still more populous and people more sociable by mutua ▪ traffique ; and knowledge of languages , the case is altered ; in my whole ten years travel , i thank my creator , i never rancounterd any danger or difficulty , but i might have met with the like in england ; if one observes these three small imperatiss , audi , cerne , tace , hear , see , and be silent , he need no other passeport to travel the world ; but dear sir , now that i am return'd to breath english air again , i hold it one of the best welcomes to find you so well after so long an absence , and i embrace you with both my arms , giving you a thousand thanks for the fair respects , and litteral correspondence you kept with me while i wandered abroad , for it was my greatest comfort . philanglus . sir , you teach me what i should say to you in this point , but truely you should have had a more frequent account of matters here , but that of late years it hath been usual to intercept and break up letters , which is a baser kind of burglary then to break into ones house , or chamber ; for this may be a plundering onely of some outward pelf , or baggage of fortune , but he who breaks open one letters , which are the ideas of the minde ( as is spoken elsewhere ) may be said to rifle the very brain , and rob one of his most precious thoughts , and secret'st possessions : but sir , now that i have the happinesse to re-enjoy you , what doe they say abroad of these late revolutions in england ? polyander . they say that the english are a sturdy , terrible and stout people , that the power and wealth of this island was never discovered so much before both by land and sea , that the true stroke of governing this nation was never hit upon till now ; politicians new and old have beaten their brains , and shot at rovers in writing of divers sorts of governments ; but the wisest of them concur in this opinion , that there is no government more resembling heaven , and more durable upon earth , or that hath any certain principles but monarchy , and such a monarchy that hath an actual visible military strength to support it self , and not only to protect , but to awe the people . aristotle in his politicks speaks of sundrie species of governments , he writes of monarchy , aristocracy , democracy , oligarchy , and s●ratocracy , ( as the greek tongue hath a faculty above all others in compounding names for things ; ) but he is irresolut to determin what aristocracies are truly perfect , he hath only this one positive assertion , that aristocracy allowes no aritificer to be a citizen or counsellor ; much of his discourse is of the first founders of common-wealths , as phaleas of the chalcedonian , hippodamas of the milesian , lycurgus of the lacedemonian , minos of the cretan , and solon of the athenian ; then he proceeds to correct the errors of common-wealths before he tels us what a common-wealth is , which is ( under favour ) an irregularity in method . in his first book he speaks only of the parts of a city , or common-weal , but he tels us not what they are til he comes to his third book , where in handling the kinds of government in generall , he flies backward and forward in a disorderly way ; but when he comes to treat of particular forms , he is full of contradiction and confusion ; in some places he seems to deny any natural right and publick interest , ( much more any underived majesty ) in the people , whom he saith to be little inferiour to beasts ; whereas elsewhere he affordeth a liberty to every city , to set up either by force or cunning what government they please , which in effect is to allow men to doe what they list if they be able : but at last he confesses that after kings were given over in greece , common-wealths were made of them who waged warre , and that all power was summ'd up in the government of an army , which is pure stratocracy , or military government . philanglus . we cannot blame this great philosopher to rove herein up and down , it being impossible for any humane brain to prescribe any certain and infallible universal rules of government that may quadrat with the nature of all climes , and be applicable to the humors of all people ; all other arts and sciences have apodictical , and undenyable principles , but the art of government hath no such maximes ; the reason is the various dispositions of people , and a thousand sorts of contingencies that attend worldly affairs ; it is , you better know then i , one of the main principles of policy in france to keep the peasan ( which is the grosse of the people ) still indigent and poor , because they are of such a volatil instable nature , that if they were rich and fed high , wealth and wantonesse would make them ever and anon to be kicking against government , and crying out for a change , whereas this principle of policy is held to be a paradox in spain , and other countreys . some nations are so firy mouth'd , that they must be rid with a bit , if not a martinghal , but a snaffle will serve others : nor are the same laws fit for the continent , that are proper for an island , nor those of a maritim continent fit for a mediterranean countrey . polyander . i concur with you there is no art so difficult , and fuller of incertainties , as hominem homini imperare , as the art for man to govern man , which made one of the deepest statesmen these modern times afforded to confesse , that though he had served so many apprentiships , and been a journeyman so long in this art , and reputed a master , yet he found himself still a novice : for state affairs as all sublunary things , are subject to alteration , the wisdome of one day may be the foolishnesse of another , and the week following may be schoolmistress to the week before in point of experience , which is the great looking-glass of wisdome , and policy . therefore whereas aristotle useth to be constant to himself in all other sciences while he displayes the operations and works of nature , when he comes to treat of humane government , he is not only often at a losse , and inconstant to himself , but he involves both himself and the reader in ambiguities . philanglus . i am of opinion that there is in policy but one true vniversal maxime , which is , as you said before , to have alwayes a standing visible effectif power in being , as well to preserve , as to curb a people ; and it is very fitting they should pay for their protection , it being a rule all the world over , and grounded upon good reason , defend me , and spend me . polyander . it is so indeed every where ; how willing is our confederat the hollander , so he be protected in his trade , to part with any thing , to pay tols for what he hath either for back or belly ; he is content to pay for all beasts sold in the market the twelf part for excise , six shillings upon every tun of beer , two stivers a week for every milch cow , six pence upon every bushel of wheat , and so upon all other commodities : the states of italy do more , in florence , and the republick of venice , ( which hath continued longest , and with least change in point of government of any country upon earth ) ther 's not a grain of corn , not a glassefull of wine , oyl , egges , birds , beasts , fish , fowl , yea , grasse , salt , and sallets , but pay a gabell for the common defence , nay the courtisans cannot make use of their own , but they must contribut to maintain twelve gallies . but sir , now that i have been absent so long , i pray be pleased to tell me something of the proceedings of the late long parlement , and of this mighty revolution ; for i find such a kind of transposition of all things in point of government , that england may be said to be but the anagram of what she was . philanglus . there is a periodical fate , that hangs over all governments , this of england may be said to have come to its tropique , to a posture of turning ; the people extreamly long'd for a parlement , and they had a long parlement , for it lasted longer then all the parlements that ever were in england since the first institution of parlements , put them all together ; there was never such an idol upon earth as that parlement , for people thought there was an inerring spirit tyed to the speakers chair , they pinn'd their salvation upon it , it was held blasphemy , and a sin against the holy ghost to speak against it , nay some gave out that that blessed parlement was as necessary for our refromation , as the coming of christ was for our redemption ; such a sottish kind of infatuation had seiz'd upon some kind of people . polyander . but what did that parlement do tending to the publick reformation ? philanglus . what did they doe ? they were like to undoe all things , had they sate longer , which they had done till doomesday had they been let alone , and their posteriors never aked ; 't is true , they were somewhat modest at first , but by the lenity of a credulous easie king , they did afterwards monstrous things . they assumed to themselves all the regalia's of the crown , they seiz'd upon sword , great seal , and soveraignty , upon the militia , and all the marks of majesty , nay , they did arrogate to themselves the legislative and supreme power . polyander . but doth not the supreme power reside ●n the english parlement , which is an epi●ome and representative of the whole nation ? philanglus . i will not resolve you in that , till i acquaint you with the pedigree , & primitive institution of parlement , which i will endeavour to do as succinctly as i can , but in regard that our parlement was erected at first in imitation of the assembly of the three estates in france , in which government you are so well vers'd , i pray do me the favour as give me a touch of the mode of france in those publick assemblies , and then i shall apply my self to satisfie you touching english , irish , and scots parlements , having in some measure studied the case . polyander . in france the kings writ goeth to the bayliffs , seneschals or stewards of liberties , who issue out warrants to all such ashave fees and lands within their liberties , as also to all towns , requiring all such as have any complaints , to meet in the principal city , there to choose delegats in the name of the province to be present at the generall assembly . being met at the principal city of the bayliwick , the kings writ is read , and so the delegates are elected and sworn ; then they consult what is to be complained of , and fit to be proposed to the king , whereof there is an index or catalogue made , which is delivered to the delegats to carry to the general assembly : all the bayliwicks are divided to twelve classes ; but to avoid confusion , and to the end there may not be too great a delay in the assembly by gathering of the voyces or suffrages , every classis compiles a brief , or book of the grievances and demands of all the bayliwicks within that classis ; then these classes at the assembly compose one general book of the grievances and demands of the whole kingdome . this being the order of the proceeding of the comminalty or third estate , the like order is observed by the clergy and nobility : so when the three books or cahiers ( as they call them ) for the three estates are perfected , then they present them to the king by their presidents in the open great assemby . the first who presents the cahiers is the president of the clergy , who begins his harang or oration on his knees , but at the kings command he stands up and ●o proceeds bareheaded ; the president ●or the nobility speaks next in the like manner ; but the president for the commons begins and ends his oration on his knees : whilst the president of the clergy speaks , the rest of that order rise up & stand bare , till they are bid by the king to sit down , and be covered ; and so the like for the nobility ; but whilst the president for the comminalty speaks , the rest are neither bid to fit , or to be covered . the grievances and demands being thus all delivered at once , and left to the king and his privy councel without further debate or expence of time , the general assembly of the three estates endeth , expecting afterwards such a redresse to their grievances , as the king and his councel shall think fit . philanglus . these proceedings of france are not much unlike the ancient usage of this kingdome for many ages , when all laws were nothing else but the kings answers to the petitions presented to him , and his councel , as is apparent by many old statutes , and the confession of sir edwar● coke ; and now to acquit my self of my former engagement unto you , i will impart unto you the manner and power o● the parlements of great brittain and ireland ; i confesse 't is more properly the businesse of a lawyer , which i am none ▪ otherwise then what nature hath mad● me , so , every man is a lawyer , and 〈◊〉 logitian also ( who was the first lawyer ) as he is born the child of reason , fo● law and logic are meerly founded upon reason ; this discoursive faculty of reason comes with us into the world accompanied with certain general notions and natural principles to distinguish right from wrong , and falshood from truth . but before i come to the english parlement , a word or two of the parlement● of scotland , and ireland . in scotland about three weeks before the parlement begins , proclamation is made throughout the kingdome , to deliver unto the kings clerk or master of the rols , all bils to be exhibited that sessions , then are they brought to the king , and perused by him ; and only such as he allows are put in the chancelors hand to be proponed in parliament , and no others ; and if any man in parlement speak of any other matter then is formerly allowed by the king , the chancelor tels him there is no such bill allowed by the king : when they have passed them for laws , they are presented to the king , who with the scepter , put into his hand by the chancelor , ratifies them , but if there be any thing the king mislikes they raze it out before . the parlement in ireland is after this manner . no parlement is to be held but at such a season as the kings deputy there doth certifie the king under the great seal of the land , of the causes , considerations and necessity of a parlement ; the causes being approved of by the king a licence is sent under the broad seal of england to summon a parlement in ireland , provided that all such bils that shall be proposed there in parlement , be first transmitted hither under the great seal of that kingdome , and having received allowance and approbation here they shall be put under the great seal of this kingdome , and so return'd thither to be passed in that parlement ; this was called poinings act in the time of king philip and mary . having thus given a concise account of the usage of parlement in our neighbour kingdomes , i will now passe to that of england . every freeholder who hath a voice in the election of knights , citizens , and burgesses to sit in parlement , ought to know well , and consider with what power he trusts those whom he chooseth , in regard the power of the house of commons is derived from that trust : now that which gives authoritie for the freeholders to make their election is the kings writ directed to the sheriff of the county , in which is expressed not only the sheriffs duty in point of summoning ; but the writ contains also the duty and power of such knights , and burgesses that shall be elected ; therefore to know the full extent of the power of parlement , you must have an eye , and observe well the words of the writ ; for the freeholders cannot transfer a greater power then is compriz'd in the writ to those that they appoint their servants in parlement . the writ being us'd to be in latin , few freeholders , god wot , understood it , or knew what they did ; i will faithfully render the said writ to you in english . the king to the vicount or sheriff , greeting . whereas by the advice and assent of our council , for certain arduous and urgent affairs concerning us , the state , and defence of our kingdom of england , and the anglican church : we have ordained a certain parliament of ours to be held at our city of the day of next ensuing , and there to have conference , and to treat with the prelates , great men , and peers of our said kingdom ; we command and strictly enjoyn you , that making proclamation at the next county court after the receit of this our writ , to be holden the day and place afore said ; you cause two knights girt with swords the most fit , and discreet of the county aforesaid , and of every city of that county two citizen ; of every borough two burgesses of the discreet●r and most sufficient , to be freely and indiffer●ntly chosen by them who shal be present a● such proclamation , according to the tenor of the sta●utes in that case made and provided ; and the ●ames of the said knights , citizens and bur●esses so chosen to be inserted in certain in●entures to be then made between you and those ●hat shall be present at such election , whether the parties so elected be present , or absent , and shall make them to come at the said day and place , so that the said knights for themselves , and for the county a●ores●id and the citizens and the burgesses for themselves and the commonalty of the said cities and bor●ughs may have severally from the●● full and sufficients power to do , and to consent to those things which then by the favor of god shal there happen to be ordain'd by the common council of our said kingdom concerning the business aforesaid so that the business may n●t by any mean●●●main undo● for want of such power , or by reason of the improvident election of the aforesaid knights , citizens , and burgesses ; but we wil● not in any case that you or any other sheriff of our said kingdom shall be elected : and at the day and place aforesaid the sai● election , being made in a full county court ▪ you shall certifie without delay to us in our chancery under your seal , and the seals of them which shall be present at that election s●nding back unto us the other part of the indenture aforesaid affiled to these presents together with the writ , witnesse our self at westminster . this commission or writ is the foundation whereon the whole fabrick o● the power and duty of both houses o● parliament is grounded . the first hour● is to parly or have conference , and to treat with the king ; the other house is onely to do and consent unto what the other shall ordain by their help and conference ; so that by this writ we do not find that the commons are called to be any part of the great council of the kingdom , or of the supream court of judicature , much less to have any share in the legislative power , or to consult de arduis regni negotiis , of the difficult businesses of the kingdom , but onely to consent ; and sir edward cook to ●rove the clergy hath no voice in parliament , useth this argument , that in their writ also the words are to come thither ad●onsentiendum , to consent to such things as ●ere ordained by the common council of the ●ingdom ; but the other word ad facien●um , to do , is not in their writ , action being ●ot so proper for them in regard of their ●lerical functions . polyander . then it may be well inferred from what ●ou have produced , that the king with the ●elates and peers is properly the common ●ouncil of the kingdom . philanglus . yes without controversie , nor until the raign of henry the first were the commons called to the parliament at all , or had as much as a consent in the making of laws . camden in his britannia teacheth us , that in the times of the saxon kings , and the ensuing ages , that the great or common council of the land was praesentia regi● praelatorum , procerumque collectorum , the presence of the king with his prelates and peers . selden also tells out of an old cronicle of the church of liechfield , that kin●edward by the advice of his council of baron● revived a law which hath lain dorma● threescore and seven years ; in the sam● chronicle tis said , that william the co●●querer held a council of his barons , an. 〈◊〉 regni sui apud londinias . the next ye●● after he had a council of earles and baro●● at pinend●n heath to decide the great co●troversie 'twixt lanfra●t arch-bishop 〈◊〉 canterbury , and odo earl of kent . in the . of eaward the third , there 〈◊〉 mention made of a parliament held . 〈◊〉 questoris , wherein all the bishops of 〈◊〉 land , ear●s and barons made an ordina●●● touching the exception of the abby of 〈◊〉 from the bishops of norwich . in the second year of william 〈…〉 there is mention made of a parliament 〈…〉 cunctis regni principibus . in the 〈…〉 of his raign there was another parliament at rockingham castle , episcopis , abbatibus , cunctisque regni principibus coeuntibus , wherin the prelates , abbots , and all the chiefe men convened in council . at the coronation of henry the first , all the people of england were called , and laws were then made , but it was , as the story saith , per commune concilium baronum ; in the third year ; the tenth year , and the twenty third year of his reign the same king held a parliament , or great council of his barons ▪ spiritual and temporal . henry the second in his tenth year had a parliament at clarindon , consisting of lords spiritual and secular : in his twenty second year , he had another at notingham , and a while after another at winsor , then another at northampton , wherein there is mention made onely of prelates and peers . richard the first after him held a parliament at notingham in his fifth year , consisting of bishops , earles and barons , which lasted but four days , during which time there were mighty things transacted ; hugh bardelf was deprived of the castle and sheriffswick of york the first day ; the second day he had judgement against his brother johu who was afterward king ; the third day there was granted the king two shilling of every plowd land in england ; he required also the third part of the service of every knights fee for his attendance to normandy , and all the wool of the cistercian monks . the fourth day was for hearing of grievances ; so the parliament broke up , but the same year he convoke● another parliament of nobles at northampton . king john in his first year summoned 〈◊〉 magnates , his great men to a parliament a●winchester , and the words of the roll 〈◊〉 commune concilium baronum meorum , the common council of my barons at winchester . in the sixth year of henry the third , the nobles granted the king for every knight fee two marks in silver at a convention i● parliament ; he had afterwards parliaments at london , westminster , merton , winchester , and marlborough ; now these precedents shew that from the conqust unt●● a great part of the reign of henry the thir● in whose dayes 't is thought the writ 〈◊〉 election of knights was framed first , the b●rons onely made the parliament or commo● council of the kingdom . polyander . by so many strong evidences , and prenant proofs which you produce , i find it to be a ●●ridian truth , that the commoners were no part of the high court of parliament in ages passed : moreover i find in an ancient manuscript , that the commons were reduced to a house , by the advice of the bishops to the king in the brunt of the barons wars , that they might allay and lesson the power of the peers who bandied so many yeers against the crown ; yet to prevent that they should not arrogate too much authority to themselves , ( as asperius nihil est humili cum surgit in altum ) it was done with those cautions th●● they had scarce as much jurisdiction given them as a pyepowders court hath , for they should neither exhibit an oath , nor impose fine , or inflict punishment upon any but their own members , or be a court of record , or grant proxies , therefore it may well be a quere how they can appoint committees , considering that those committee-men whom they choose are no other then their deputies , and act by power and proxy from them . but it is as cleer as the sun that the conquerour , first brought this word parliament with him , being a french word , and made it free denizon of england being not known before ; for therein the normans did imitate the romans , whose practise was that wheresoever they conquered , they brought in their language with the lance as a mark of conquest ; i say that besides those instances you produce , i could furnish you with many in the saxons times who govern'd by the councel of the prelates and peers , not admitting the commons to any communication in affairs of state : there are records hereof above a thousand yeer old in the reign of king i a , offa , and ethelbert ; and the rest of the seven kings during the heptarchy , they called their great councels and conventions , then michael smoth , michael gemote , and witenage mote , wherein the king and nobles with the bishops onely met , and made laws ; that famous convention at gratley by king athelstan was compose'd onely of lords spiritual and temporal ; such also was that so much celebrated assembly held by canutus the dane , who was king of england , denmark , and norway : edward the confessor established all his laws thus , and he was a great legislator . the british kings also who retain'd a great while some part of this island unconquered , governed and made laws this way by the sole advice of their nobles whom they call arglwyded ; witnesse the famous laws of prince howel called howel dha ( the good king howel ) whereof there are yet extant some welch records , and divers of those laws were made use of at the compilement of magna charea . but in your discourse before , among other parliaments in henry the third's time , you make mention of one that was held in , of his reign , at marlbourough , at which time braston the great lawyer was in high request , being lord chief justice : they that would extenuate the royal prer●gative insist much upon a speech of his , wherein he saith , the king hath a superiour god , he hath also the law by which he is made ; as also the court , viz. the earls and barons , but not a word of the commons : but afterwards he doth interpret , or rather correct himself , when speaking of the king , hee resolves thus , nec potest ei necessitatem aliquis imponere quòd injuriam suam corrigat & emen●et , cùm superiorem non habeat nisi deum , & satis erit ei ad poenam quòd dominum expectet ultorem . nor ( saith he ) can any man put a necessity upon the king to correct and amend his injury , unlesse he wil himself , since he hath no superior but god : it will be sufficient punishment for him to expect the lord for his avenge : to preserve the honour of this great judge , the lawyers found out this distinction , that the king is free from the coer●ive power of laws and councellors , but he may be subject to their directive power , yet according to his own will and inclination , that is ; god can onely compel or command him , but the law and his courts may onely advise and direct him ; but i pray sir excuse me that i have so much interrupted you in your discourse . you may please now to proceed . philanglus . to prove my assertion further , that the commons were no part of the high court , and common councel of england , i will make use of the testimony of mr. pryn , who was in such high repute most part of the late long parliament , and appeared so eage● for the priviledge and power of the lower house : in his book of treachery and disloyalty , he proves that before the norman conquest by the laws of edward the confessor , the king was to do justice by the councel of the nobles of his realm : he would also prove that the earls and barons are above the king , and ought to bridle him when he exorbitates from the law , but not a syllable of the commons . he further tels us , that the peers and prelates have oft translated the crown from the right heir , whereof out of his great reading he urgeth divers examples ; first , after king edgars decease they crowned edward who was illegitimate , and put by ethelred the right heir : then they crowned canutus a meer forraigner in opposition to edmund the lawful heir to ethelred . harold and hardicanute were both elected kings successively without just title , the lords putting by edmund and alfred the rightful heirs . upon the death of herold the english nobility enacted that none of the danish blood should raign any more over them ; edgar atheling was rejected by the lords , and though he had the best title , yet they elected harold . he goes on further in prejudice of the commons , saying that the beginning of the charter of henry the first is observable , which runs thus , henry by the grace of god king of england , &c. know ye that by the mercy of god and common council of the barons of the kingdom , i am crowned king . mawd the empress was the right heir , but she was put by the crown by the prelates and barons , and steven earle of mortmain who had no good title , was heav'd up into the throne by the bishops and peers . lewis of france was crowned king also by the barons instead of king john , and by the same barons was uncrowned , and sent back to france . in all these high transactions , and changes , mr. pryn confesseth the commoners had nothing to do the despotical and ruling power as well as the consultative being in the council of prelates , and peers ; and if mr. pryn could have found halfe so much antiquity for the knights citizens , and bourgesses , without question we should have heard from him with a witness ; but while he converseth with elder times , he meets not with so much as the names of commoners in any record . polyander . how then came the commoners to sway so much of late years , and challenge such an interest , in the publique government , and making of laws ? philanglus . it is a certain truth that in former ages the kings of england , as well saxons , danes , normans , and english kings did steer the course of their government by the advice of their own privy council , and in extraordinary cases by the compasse of the great council consisting onely of spiritual and secular barons , whom they convoked by royal summons when they pleased ; i told you this word parliament came in with the norman ; yet the commons were not call'd to parliament till that raign of henry the first , which was a good while after the conquest ; to which purpose sir , walter raleigh writes , saying it is held that the kings of england had no formal parliaments , till about the . year of henry the first , at which time the commons were summoned , and the great charter was granted : and if we believe sir walter raleigh and others , the house of commons , and magna charta had first but obscure births , being sprung from userpers , and fostered afterward by rebellion : for king henry the first did but usurp the kingdome , and therefore to secure himself the better against robert his eldest brother , he courted the the commons , and granted them that great charter , with charta de foresta ; which king john confirmed upon the same grounds , for he was also an usurper , arthur duke of britain being the undoubted heir of the crown , so the house of commons and these great charters had their original from such that were kings de facto not de jure . polyander . it is observed that usurpers are commonly the best law makers , which they do to ingratiate themselvs the more to the people , as besides these kings you have named , richard the third did , who was said to be a good king though a bad man , a character clean contrary to that i heard some abroad give of the last king ▪ who they said was a good man but an ill king ; but i pray be pleased to proceed . philanglus . whereas i told you before that it was in the raign of henry the first , that the people were admitted to the common council of the kingdome , yet they were not constantly called , for though the said king called them to his coronation , and againe in the . or . year of his reign , yet he did not so alwayes , neither many of those kings that succeeded . polyander . i remember to have read one remarkable passage in the reign of henry the first , that in his third year for the marriage of his daughter , he raised a tax upon every hide of land , but he did this by the advice of his privy council alone without consulting publiquely with either prelate , peer , or people . philanglus . so did divers of his antecessors , and successors also after the commons were admitted to partake of the common council ; but to illustrate this point further , notwithstanding that the commons were sought unto in henry the first's time , yet they were not constantly and formally sent unto till henry the third , in whose reign the writs of summons for elections were first issued ; but the succeeding kings assum'd a power to regulate those writs at pleasure by the sole advice of their privy council , as we read in the time of henry the sixth , who was the first framer of that famous ordinance , whereas elections of knights have been made with great outrages , and excessive number of people , of which most part was people of no value , yet pretend a voice equivolent to worthy knights and esquires , whereby many riots , manslaughter , and division among gentlemen shal likely be , our lord the king hath ordain'd that knight of shires be chosen by people dwelling in the counties , every one of them having lands or tenements to the value of s. per annum , at least , and that he who is chosen be dwelling and resiant within the counties where they are elected . polyander . but did not the kings of england reserve a power to except against any that came to parliament ? philanglus . mr. camden speaking of the dignities of barons , saith , that it was ordained and decreed in the reign of henry the third , that all those earls and barons unto whom the king himself vouchsafed to direct his writs of summons should come to his parliament , and no others : and this rule edward the first constantly observed , and continued ; for as c●mden hath it , that prudent king summoned alwaies those of ancient families , and who were most wise to his parliament , and omitted their sons after their death , if they were not answerable to their fathers in understanding ; in another place he saith , select men for wisedom and worth among the gentry were called to parliament , and their posterity omitted , if they were defective herein . polyander . if the king hath a power to except against a nobleman from sitting in parliament , sure , by an argument à majori ad minus , he may do it against a commoner . philanglus . it should be so in reason , and queen elizabeth , who was so great a darling of her people , did practise her power that way often . but the modesty of the house of commons was very great in former times , for they did arrogate no more power then what the kings writ gave them , they evaded matters of state as much as they could . . of edward the third , a parliament was called to consult of the domestick quiet , the defence of the marches of scotland , and security of the seas from enemies ; the commons were desired their advise herein , but they humbly desired not to be put to consult of things , queu●ils n'ont pas cognisance . things whereof they had no cogn●sance . in . of the same king , the commons being mov'd for their advice touching a prosecution of a war with france , by an elegant speech of justice thorp , after four days consultation , they answered , that their humble desire to the king was , that he would be advised there●n by the lords being of more experience then themselves in such affairs . in the . year of richard the second , the parliament was call'd to consult , whether the king should go in person to res●● the great city of ga●nt , or send an army the commons being ask●d their advice , the humbly answered by sir thomas ●uckerin● their speaker that the councils of wa● did more aptly belong to the king and 〈◊〉 lords . the next year after the commo● are willed to advise of the articles 〈◊〉 peace with france , but they modestly e●cuse themselves as too weak to counsell in ● weighty mat●ers : and being charged agai● as they did tender the repute of the county , and right of their king , the humbly de●ivered their opinions rathe● for peace then warre : such was the moderation and modesty of the house of commons in former times that they decline● the agitation and cognizance of hig● state affairs , specially forraign , humbl● transferring them to their soveraign , an● his vpper council ; a parliament ma● then , ( i mean a member of the commons house ) thought to be the adequ●● object of his duty , to study the welfare to complain of the grievances , and hav● the defects supplyed of that place fo● which he served : the bourgesse of 〈◊〉 studied to find out something that mough● have aduanced the trade of fishing : he 〈◊〉 norwich what mought ▪ have advantage the making of stuffs : he of rye , what might preserve their harbour from being choaked up with shelfs of sands : he of taverston , what might have further'd the manufacture of kersies : he of suffolk , what conduced to the benefit of cloathing : the burgesses of cornwal what belong'd to their stanneries , and in doing this they thought to have complyed with the obligation , and discharg'd the conscience of honest men , without soaring to things above their reach , and roving at random to treat of universals , to pry into arcana imperii , and bring religion to the bar , the one belonging to the chief governour , and his intern councel of state , the other to divines who according to the erymology of the word use to be conversant , and imploy their talent in the exercise and speculations of holy and heavenly things . polyander . i am clearly of your opinion touching the two last , particulars ; for secrecy being the soul of policy , matters of state should be communicated to the cognizance and deliberations of few , viz. the governor in chief , and his privy councel : and touching religion , i do not see ( humbly under favour ) how it may quadrat with the calling of laymen to determine matters of divinity , and discusse points of faith . but though the establishment of the house of commons be a wholesome thing in it self , i heard it censur'd beyond the sea , that there is a great incongruity in one particular , which is , tha● the burgesses are more in number then the knights of shires , for the knights 〈◊〉 shires are commonly gentlemen we● born , and bred , and divers of them verse● in forraign governments as well as the law● of the land : but the burgesses of town● are for the most part all trades-men , and being bred in corporations they are more inclining to popular governmen● and democracy : now , these exceeding th●knights in number , carry all before then by plurality of voices , and so puzzle the proceedings of matters : but now tha● i have mentioned corporations , i must 〈◊〉 you that the greatest soloecism in the polic● of this state is the number of them , specially this monstrous city , which is composed of nothing else but corporations which smell ranck of little republiques 〈◊〉 hanses ; and it was a great errour in the last two kings to suffer this town to sprea● her wings so wide , for she bears no proportion with the bignesse of the island , but may fit a kingdom thrice as spacious ; she ingrosseth and dreins all the wealth of the land , so that i cannot compare england more properly then to a cremona goose in italy . where they have a way to fatten onely the heart of the goose , but in doing so they make the rest of the whole body grow leanand lank : and as it was an errour so to suffer her to monopolize the trade and riches of the land , so it was in letting her gather so much strength in exercise of arms , by suffering her to have such an artillery garden , and military yard ; which makes me think on a speech of count gondamar the spanish embassadour , who being invited by the king to see a muster of the citizens in st. jame's fields ; after they were gone , he was ask'd by the king how hee lik'd his citizens of londons ? truly sir , said he , i have seen a company of goodly able men , with great store of good arms ; but , sir , i fear that these men will do you a mischief one day , for the conceit wherewith they may be puffed up for the knowledge they have in handling their arms , may heighten their spirits too much and make them insolent : my master the king of spain , though there breaths in his court well neer as many souls as there are in london , and though he be in perpetual war with some or other ; yet i● his court he is so peaceable that one shall see no sign of war at all , hee suffers not any armed men to strut under his nose , there is neither artillery garden , or military yard there at all , but onely a fe● partisians that guard his body ; therefore , as i said before , these men may do you majesty an ill turn one day , and whether gondamar was a prophet herein or no , judge you . but i pray , sir , be pleased to dispense with me for these interruptions ! give to your former discourse touching parliaments . philanglus . having formerly spoken something of the original duty and power of the great councel of the kingdom with the primitive institution of the house of commons , i will proceed now to that grand question , where the supream legislative power resides ? certainly , if we examine the writs of summons for both houses , with the bodies and titles of our ancient acts of parliament , we shall find the supremacy and power of making laws to rest in the king or governour in chief : now when the parliament is stiled the supream court , it must be understood properly of the king sitting in the house of peers in person , and but improperly of the lords without him ; it is granted that the consultative ▪ directive , or deliberativ● pa●er is in the house of peers , the performing and consenting power , in the house of commons , but the legislative powers lodgeth in the person of the king ; for parliaments are but his productions , they derive their being from the breath of his writs : he as sir edward cook doth positively affirm , is cap●t , principum , & finis , he is the head , he is the beginning and ending , the alpha and omega of parliaments . pol●ander . but some affirm that the legislative power is in the two houses ; and that they are above the king . philanglus . the difference 'twixt the king or supream magistrate , and the parliament , is this , that the one represents god , the other the people : 't is true , as i said before , the consultative power is in parliament , and 't is but by the kings permission , the commanding power resides stil in the chief governor , and is inseparable from him , the results and productions of parliament , at best are but bills , 't is the kings breath makes them laws , till then they are but dead things , they are like matches unfired , 't is the king that gives life and light unto them : the lords advise , the commons consen● , but the king ordains ; they mould the bills , but the king makes them laws , therefore they are ever after called the kings laws , the kings judgments : the lords , &c. have the indicatif part , but the king the imperatif : the liberties also of the people flow all from him , for magna charta begins thus , henry by the grace of god , know ye that we of our meer and free will , have given these liberties : in the self same stile runs charta de foresta . the statute of marlborough . . henry the third , runs thus , the king hath made these acts , ordinances , and statutes which he willeth to be observed of all his subjects high and low . . edwardi primi , the title of the statute is ; these are the acts of king edward , and after it it follows , the king hath ordained these acts ; the first chapter begins , the king forbiddeth and commandeth that none do hurt , damage , or grievance to any religious man , or person of the church ; and in the . chapter , the king prohibitet●s that none do ravish , or take away by force any maid within age . . edward the first , it is said , our soveraign lord the king hath established the acts , commanding they be observed within this realm : and in the . chap. the words are , the king of his special grace granteth that the citizens of london shall recover in an assize damage with the land . the statute of westmin . saith our lord the king hath ordained that the will of the giver be observed and in the . chapter , our lord the king hath ordained , that a woman after the death of her husband shal recover by writ of entry . the statute of quo warranto saith our lord the king at his parliament of his special grace , and for affection which he beareth to his prelates , earls and barons , and others , hath granted that they who have liberties by prescription shall enjoy them . in the statute de finibus l●vatis , the kings words are , we intending to provide remedy in our parliament have ordained , &c. . edward the first , the king wills that the chancellour , and the justices of the bench shall follow him , so that he may at all time have some neer unto him that be learned in the laws : and in the . chapter the words are , our lord the king after full conference and debate had with his earles . barons , and nobles by that consent hath ord●ined . the stat●●e de tallagio speaks in the kings person no officer of ours , no ●allage shall be taken by us , we will and 〈◊〉 . . edward the second begins thus , our lord the king willeth and commandeth . the statute of the . of the same king , saith , our lord the king by the assent of the prelates , earls , and other great states hath ordained . the statute of carlile saith . we have sent our command in writing firmly to be observed . . edward● . begins thus , king edward the third , at the request of the comminalty , by their petition before him , and his council in parliament hath granted , &c. and in the . chapter . the king willeth that no man be charged to arm himself otherwise then he was wont . . edward the third , our lord the king at the request of his people , hath establ●sh●d these things which he wills to be kept . . of the same king there is this title , our lord the king by the assent , and advice of his councel being there , hath ordain'd , &c. in the year of the same king it is said . because our lord the king hath receiv'd by the complaints of the earls , barons , also at the shewing of the knights of the shires , and the commons bytheir petition , in his parliament , &c. hath ordain'd by the assent , and at the request of the said knights and commons , &c. but very remarkable is that of of edward the third , where it is said , the king makes the laws by the assent of peers and commons , and not the peers and commons . the statute of ●ric . ● . hath this beginning , richard the second by the assent of the prelates , dukes , earls , and barons , and at the instance and special request of the commons hath ordained . as for the parliaments in henry the fourth , henry the fifth , henry the sixth edward the fourth ▪ and richard the thirds reign . most of them do all agree in this one title , our lord the king by the advice and assent of his lords , and at the special instance and request of the commons , hath ordained . the statutes in henry the seventh days , do for the most part agree both in the titles and bodies of the acts in these words , the king by the assent of the lords spiritual and temporal , and the commons 〈◊〉 parliament assembled , hath ordained . but very remarkable it is , that the house of commons was never petitioned unto till henry the sevenths reign , and 〈◊〉 was about the middle thereof ; which petition is inserted among the statutes , but though the petition be directed to the house of commons in point of title , yet the prayer of the petition is turn'd to the king , and not to the commons . the petition begins thus , to the right worshipful commons in this present parliament assembled , shews to your discreet wisdoms the wardens of the fellowship of the craft of upholsters within london , &c but the conclusion is , therefore it may please the kings highnesse by the advice of the lords spiritual and temporal , and his common i●● parliament , &c. thus it appears that in our fore-fathers days it was punctually expressed in all laws that the statutes and ordinances were made by the king : and withall , it is visible by what degrees the stiles and titles of acts of parliament have been varied , and to whose advantage . the higher we look the more absolute we find the power of kings in ordainin● laws , nor do we meet with at first so much as the assent or advice of the lords mentioned . nay , if one cast hi● eye upon many statutes of those that be of most antiquity , they will appear to be no other things but the kings pleasure , to whom the punishments of most offences were left : the punitive part which is the chiefest vigour of the law we find committed by the statutes themselves to the kings meer wil and pleasure , as if there were no other law at all , witnesse these precedents . . edward the first , the ninth chapter saith , that sheriffs , coronets and bayliffs for concealing of felonies shall make grierous fines at the kings pleasure . such as shall be found culpable of ravishing of women shall fine at the kings pleasure . the penalty for detaining a prisoner that is mainpernable is a fine at the kings pleasure . offenders in parks or ponds , shall make fines at the kings pleasure . committers of champarty , and extortioners are to be punished at the kings pleasure . purveyors not paying for what they take shall be grievously punished at the kings pleasure . the king shall punish grievously the sheriff , and him who maintains quarrels . taker away of nuns from religious houses to be fined at the kings will . if a goldsmith be attainted , for not assaying , touching and working vessels of gold , he shall be punished at the kings pleasure . there is a notable saying declar'd in the . yeer of henry the fourth , viz. potestas princip●s non est inclusa legibus , the power of the prince is not curb'd by law . in the . yeer of henry the fifth , there was a law made , wherein there is a clause , that it is the kings regality to grant or deny such petitions as he please . . henry the sixth , an ordinance was made to indu●e as long as it should please the king . now for further proof , that the legislative power is in the king , or supr●am magistrate , it is to be observed , that as sir edward cook saith . all acts of parliament in former times , were in form of petitions ; how , if the petitions were from parliament , and the answer from the king , 't is easie to judge who makes the acts : moreover sir john gla●vil affirms , that in former times the way of petitioning the king , was this : the lords , and speaker either by words or writing preferr'd their petition to the king , ( which was afterwards called a bill ) which petition being receiv'd by the king , he received part , and part he put out , and part he ratified , and as it came from him it was drawn to a law . furthermore it appears that ordimances , provisions and proclamations made heretofore out of parliament have been alwayes acknowledged for laws , and statutes . the statute call'd the statute of ireland , dated at westminster , . feb. . hen. the third , was nothing else but a letter of the kings 〈◊〉 gerard son of maurice justicer of ireland 't is hard to distinguish among the old statutes what laws were made by kings in parliament , what out of parliament , when kings called the peers only to parliament , ( and of those as many and whom they pleased ) it was no easie matter to put a difference 'twixt a proclamation and a statute ; or 'twixt the kings privy counsel , and his common counsel of the kingdom . in the statute of westminster 't is said , these are the acts of king edward the first , made at his first parliament by his council , &c. the statute of burnel hath these words , the king for himselfe , and by his councel , hath ordained and established . when magna charta was confirmed , there are found these two provisions in articules super chartas . first , nevertheless the king and his council do not intend by reason of this statute to diminish the regal right . the second , notwithstanding all these things before mentioned , or any part of them , both the king and his council , and all they who are present , will , and intend that the right and prerogative of his crown shall be saved to him in all things . the statute of escheators hath this title , at the parliament of our soveraign lord the king , by his council it was agreed , and also by the king himself commanded . the statute made at york , edward the third , goeth thus , the king by the advice of his council hath ordained . now touching the kings council , i mean his privy council , it hath been alwayes of great authority , and extreamly useful in the publick government of the common-wealth , and all kings have acted most by it . king edward the first , finding that bogo de clare was discharged of an accusation brought against him in parliament , yet he commanded him nevertheless to appear before him , & his privy council , ad faciendū & recipiendū quod per regem , & ejus concilium faciendum , and so proceeded to a re-examination of the whole business . edward the third in the star-chamber , which was the ancient councel table of the kings , upon the complaint of elizabeth audley commanded james audley to appear before him and his councel , where a controversie was determin'd between them touching land contained in her joynture . henry the fifth , in a sute before him and his councel for the titles of the mannors of serre , and saint laurence in the i le of thanet in kent , sent order for the profits to be sequestred till the right were tryed . henry , the sixt , commanded the justices of the bench to stay the arraignment of one varney in london , till they had commandement from him , and his councel . edward the fourth , and his privy councel heard , and determined the cause , of the master , and poor brethren of st. leonards in york , complaining that sir hugh hastings and others , withdrew from them a great ●art of their living , which consisted chiefly upon the having of a thrave of corn upon every plowland within the counties of york , cumberland , &c. henry the seventh , and his privy councel commanded that : margery and florence becket should su● no further in the cause against alice radley , widow for lands in woolwich and plumstead in kent . in henry the thirds time , an order or provision was made by the kings council , and it was pleaded at the common law in ba● to a writ of dower . we find also that it hath been very usual for the judges before they would resolve or give judgements in some cases to consu●● with the kings privy council . in the case of adam brabson who was assaulted in the presence of the justices of assise at westminster , the judges would not proceed without the advice of the kings privy council . green and thorp were sent by the judges to the kings privy council to demand of them whether by the statute of edward the third , a word may be amended in a writ . in the . of edward the third , in the case of sir thomas ogthred , who brought a formedon against a poor man and his wife , the judges said , sue to the kings council , and as they will have us to do , we will do , and no otherwise . thus we find that the court-council did guide and check the judges oftentimes , yet the judges have guided the great common council , or high court of parliament . polyander . i find that you have studied the point of king and parliament , to very good purpose , by these choice instances you have produced ; but i find that though the parliament hath been held the great councel of the kingdom , yet the ordinary way of government was by the king or soveraign magistrate , and his councel of state : for the great councel ( without disparagement ) may be called the production of the privy councel , witnesse the words of the writ of summons . but since you have proceeded so far , i desire to know , whether by an implicit faith we are to obey what the parliament determines ; or whether it may err or no , and what are those priviledges it hath . philanglus . i shall do my indeavour to satisfie you in all ; touching the first , no doubt but we are to acquiesce in what a true parliament ordains , for it is generally binding , and requires an universal obedience , because it bears the stamp of royal authority , and of the supream magistrate ; who is the head of the parliament , who is to consult with his judges , and privy council must be satisfied in conscience of the justnesse , of such bils that he is to passe for laws , because afterward he is to protect them , and his soul lyes by oth at the stake for the defence and safeguard of them ; he is also to consult with his learned and privy councel whether they trench upon his royal prerogative , and then his answer is , you know it , le roy s' avisera , the king will consider of it , which though in civil terms , is equivolent to a flat denyal . touching the second point , sir edward coke tels us that parlements have been utterly deceived , and that in cases of greatest moment , specially in the interpretation of laws , and in that point the twelve judges , who are called the sages and oracles of the law , are to be beleeved before the parliament , whose office is more to make new laws , then to expound the old ; parliament● being composed of men may erre ; mr. pryn , as i alledged before , tels us how many usurpers they have preferred before the rightful heirs ; how often did henry the eight make parliaments the panders of his lust ; in whose time there are three acts observable . . that proclamations shold be equivalent to laws . . that queen elizabeth was illegitimat . . that the king in his will might name whom he pleas'd to be his successor : besides in lesse then four yeers , religion was changed twelve times in his raign by parliament . polyander . touching the last act of naming a successor , i have seen a manuscript which makes mention that henry the eight som . yeers before his death summoned a parliament , wherein he intimated unto them , that one of the main designs of convoking that parliament , was , that they should declare a successor to the crown ; but the parliament with much modesty answered , that touching that point , it belonged to his majesty to consider of it , and consult with his learned and privy councel about it ; and whomsoever his majesty would please to nominat in his last will , they would confirm and ratifie ; whereupon old harry made a formal will , which was enrolled in the chancery , wherein ( remembring the perfidious carriage of james the fourth , his brother in law ) he declared the issue of his eldest sister , the queen of scotts , being forreners , incapable to inherit , and the issue of charles brandon , after the progeny of his own body , to succeed next : this will continued in the chancery all edward the sixts time , till queen mary , who about the midst of her reign did cancel it . but now sir , be pleas'd to pardon this parenthesis , and resume the thread of your former discourse , in displaying what are the priviledges of parliament which were so much insisted upon , and cried up in the late long parliament , till they swell'd so high , that they swallowed up and devour'd the prerogative . philanglus . if we will give credit to sir ed. coke , who was a great champion of the house of commons , and no friend to prerogative ( which he was us'd to call that great monster ) the priviledge of freedom from arrests is the onely priviledge of parliament . he cannot or at least , he doth not so much as name any other in his section of the priviledge of parliament ; neither is this priviledge so unquestionable and cleer as some do imagine , as divers examples may be produced in the reign of queen elizabeth , who was so great a darling of the commons : in the . of her reign , sir ed. hobby , and mr. brograve attorney of the dutchy were sent by the house to the lord keeper , to require his lordship to revoke two writs of subpoena's which were serv'd upon mr. tho. k●●vet a member of the house ; the lord keeper demanded of them whether they were appointed by any advised consultation of the house to deliver this message unto him with the word require ; they answered , yes ; he replyed as he thought reverently and honourably of the house , and of their liberties and privileges , so to revoke the said subpoenas in that sort was to restrain her majesty in her greatest power which is in the publick administration of justice in the place wherein he serves her , therefore he concluded , that as they had required him to revoke his writ , so he did require farther deliberation . eliz. report was made by the attorney of the dutchy upon the committee for the delivering of one mr. halls man , that the committee found no precedent for setting at large by the mace any person in arrest but onely by writ , and that by divers precedents of records perus'd by the said committee it appeared that every knight , citizen or burgesse , which doth desire privilege , hath used in that case to take a corporal oath before the lord chancellor or keeper for the time being . that the party for whom such writ is prayed came up with him , and was his servant at the time of the arrest made ; thereupon mr. hall . was directed by the house to repair to the lord keeper , and make oath , and then to take a warrant for a writ of privilege for his servant . eliz. richard coke , a parliament member , being served with a subpoena of chancery : the lord keeper boldly answered , that he thought the house had 〈◊〉 such privilege against subpoenas , as they pretended : neither could he allow of any precedents of the house used in that behalf , unlesse the house of commons could also prove the same to have been likewise allowed , and ratified by precedents in the high court of chancery . now , the original writ for election ; which is the foundation of the whole business , makes mention of no such privilege , and 't is a rule that to vary from the meaning of the writ makes a nullity of the cause , and the proceedings thereupon : for where a commissioner exerciseth more power then is warranted by his commission , the act is not only invalid but punishable . now the end and scope of privileges of parlement , is not to give power to do any publick act not warranted by the writ , but they are intended as helps only to enable the members towards the performance of their duties , and so are subservient to the power comprized in the writ ; for instance , the freedom from arrests doth not give any power at all to the house of commons to do any extraordinary act thereby , but the members are made the more capable to attend the publick service by being free from the trouble of arrests ; so that this privilege giveth no further power at all , but only helps to the execution of the power derived from the royal writ ; nor can the freeholders by their elections give any such privilege of exemption from arrests , but it is the meer gift , and grace of the soveraign prince , yet in point of treson , felony or breach of the kings peace this privilege extends not ; now , privileges are things contrary to law , or at least they serve as a dispensation against law , intended originally for the better expediting of the kings businesse , or som publik service . nor could the house of commons punish any for breach of this their privilege till they had conferr'd with the lords , and till the punishment had been referred by them to the commons ; there is a notable example hereof in the . of henry the eight , george ferrers the kings servant and burgesse of plymouth going to parliament , was arrested by process out of the kings bench for debt ; which being signified to sir thomas moyl then speaker , the sargeant that attended the house was sent to the counter to demand ferres , the officers of the counter refuse to deliver him , an● giving the sergeant ill language a scu●●● happened ; the sheriff of london being sent for , took part with the counte●● and so the sergeant returned without the prisoner ; this being related to the house of commons , they would sit no longer without their member , and desiring a conference with the lords , sir thomas a●dly then chancellour , and the rest judged the contempt to be very great , and referred 〈◊〉 punishment thereof to the house of commons it selfe . concerning liberty or freedome of speech which is held another privilege of parliament ; there is a speech of sir thom●● moors upon record , who being chosen speaker , . henry the eight , he first disabled himself , and then petitioned the king in the behalf of the house , that if i● communication and reasoning any ma●● should speak more largely then of duty be ought to do , all such offences should be pardoned , which was granted and entre● upon record . in which petition it is observable , that liberty or freedom of speech is not a power for men to speak wha● they will or please in parliament , it is ● priviledge onely not to be punished , but pardoned for the offence of speaking more largely then in duty they ought to do ; which in a right construction must be understood of rash , unadvised , ignorant , or negligent escapes , and slips in speech , not for willfull , malicious , much lesse for treasonable speeches : and then the kings pardon was desired to be upon record that it might be pleaded at bar to all actions . there is a speech upon record in queen elizabeths time , wherein the commons were warn'd not to meddle with the queens person , the state , or church-government . polyander . i have heard of divers traverses that hapned in the reign of that popular and long lived queen , which trenched as much , if not more upon the priviledges of parliament , and the liberties of the people , then any that happen'd in the reign of the two last kings . philanglus . it is very true , and i will give you some instances drawn from good authentick records : . elizabeth , mr. paul wentworth moved in the house for a publick fast , and for a sermon every morning at seven a clock before the house sate : the house hereupon was divided , were against it , and for it , and so an order passed accordingly ; the queen being told hereof sent a message to the house by her vice-chamberlain ; that her highnesse had great admir●●tion of the rashnesse of the house in commit●ing such an apparent contempt of her expresse command , as to put in execution such an innovation without her privity or pleasure fist known . thereupon mr. vice-chamberlain moved the house to make an humble submission to her majes●y , acknowledging the said offence and contempt , and to crave remission for the same , with●●full , purpose to forbear the committing of the like hereafter : so by the suffrage of the whole house , mr. vice-chamberlain carryed their submission to the queen accordingly . elizabeth , mr. peter wentworth , and sir henry bromley delivered a petition to the lord keeper desiring the lords of the upper house to be suppliants with them of the lower house unto her majesty for entayling the succession of the crown , whereof a bill was ready drawn . the queen was highly displeased herewith , and charged her councel to call the parties before them , so sir thomas henage was sent to fetch them ; so they were first commanded to forbear going to the house , and not to go out of their several lodgings ; afterward they were called before the lord tresurer , lord buckhurst , and sir thomas henage : wentworth was committed to the tower , and bromeley to the fleet , together with mr. stevens , as also mr. welch knight for worcestershire . the queen sent a notable check to the house of commons . of her raign for chosing and returning knights of the shire for norfolk , a thing impertinent for the house to deal withall , and belonging only to the office and charge of her chancellor from whom the writs issue and are return'd . in one parliament , when mr. coke , afterwards sir edward coke , was speaker , the queen sent a messenger or sargeant at arms into the house of commons , and took out mr. morris , and committed him to prison , with divers others , for some speeches spoken in the house ; thereupon mr. wroth moved the house that they would be humble sutors to her majesty , that she would be pleased to enlarge those members of the house that were restrain'd , which was done accordingly ; and answer was sent by her privy councel , that her majesty had committed them for causes best known to her self , and to presse her highuesse with this suit would but hinder the whole good they sought : that the house must not call the queen to an account for what shee doth of her royal authority : that the causes for which they are restrain'd may be high and dangerous : that her majesty liketh no such questions , neither doth it become the house to search into matters of that nature . the commons were told . elizabeth , that their priviledge was yea and no : and that her majesties pleasure was , that if the speaker perceived any idle heads , which would not stick to hazard their own estates , but meddle with reforming the church , and trans forming the common-weal by exhibiting bills to that purpose , the speaker should not receive them till they were viewed and considered by those who are sitter to consider of such things , and can better judge of them : moreover , the queen rejected . bills which had passed both houses , in that parliament . the house of commons by their speaker . elizabeth , complained of some monopolies , whereupon the lord keeper made answer in her majesties name , that her highnesse hoped her dutiful and loving subjects would not take away her prerogative , which is the chiefest flower in her garland , the principall and h●ad pearl in her crown and diadem , but that they will rather leave that to her own disposition . sergeant heal said . elizabeth . publiquely in parliament , that he marvelled the house stood either at the granting of a subsidy or time of payment , considering that all we have is her majesties , and she may lawfully at her pleasure take it from us , in regard she had as much right to all our lands and goods , as to any revenew of the crown , and he said he could prove it by precedents in the raign of henry the third , king john , and king steven . this speech agrees with that which sir edward coke hath in his institutes , where he saith positively . that the first kings ▪ of this realm had all the lands of england in demesne , and the great mannors and royalties they reserved to themselves , and enfeoffed the barons of the remnant for the common defence of the kingdom , there was a remarkable passage happen'd in the raign of henry the fourth ; the house of commons petitioned the king that they might have advice , and communication with certain lords about matte●● of businesse in parliament for the commo● good of the kingdom , which prayer , as the record hath it . our lord the king graciously granted , but with this protestation . that he did it not of duty , nor of custom , but of his special grace . so our lord the king charg'd the clerk of the parliament , that this protestation should be entred upon record in the parliament roll . this the king made known to them by the lord say , and his secretary : who told them that our lord the king neither of due , nor custom ought to grant any lords to enter into communication with them of matters t●uching the parliament , but by his special grace at this time he granted their request in this par●icular : and the said steward and secretary brought the king word back from the commons , that they knew well they could not have any such lords to commune with them of any businesse of parliament without special grace , and command from the king himself . polyander . but it is not the priviledge of parliament to examine misdemeanours of juridical courts , and officers of state according to lex repetundarum ? philanglus . this cannot be called properly a priviledge , for there is not the meanest subject , but hath liberty on just cause to question any court or officer , if he suffer by them ; yet it hath been esteemed a great favour from the prince to permit such examinations ; for we read that when the lords were displeased with the greatnesse of piers gaveston , 't is said , that in the next parliament , the whole assembly obtained leave of the king to draw articles of their grievances , which they did , two whereof were ; that all strangers should be banish'd the kingdom ( whereof gaveston was one . ) the second was , that businesses of state should be treated by the clergy and nobles . polyander . though the cognizance and debatings of great affairs of state , belong to the high court of parliament , yet i have read that oftentimes , the lords have transmitted such businesses to the kings privy council . philanglus . 't is a great truth , and many instances might be produced for proof thereof ; among others , when one mortimer , who stiled himself captain mendall ( otherwise called jack cade ) came with the rabble of the vulgar , with a petition to the lower house , the commons sent it up to the lords , and the lords transmitted it to the kings privy council to consider of . polyander . but the granting of subsidies is a peculiar priviledge of the house of commons . philanglus . i think not , for it is an unquestionable truth , that subsidies were raised , and paid before ever the commons were called to sit in parliament : the great and long subsidie of dane-ghelt was without any gift of the commons , or of any parliament at all as can be proved ▪ henry the third imposed a subsidie of two marks in silver upon every knight fee only by the advice of his councel . the words of the king when hee passeth the bill of subsidie are observable , which are these : le roy remercie ses loyaux subjects , accept lour benevolence , & aussy ainu● le ve●lt , the king thanks his loyal subjects , accepts of their good will , and also will have it ; which last words make the act of subsidy a law to bind every man to the payment of it ; in so much that the parliament cannot impose a peny upon the subject without the king , nor can the free-holders whom they serve , invest any such power in them . polyander . i finde by the substance of your discourse , that not onely all power and grace , but all parliamentary priviledges flow from the concession of the soveraign prince , and chief magistrate . philanglus . yes , without controversie you know ( as a gentleman wittily observes ) t is an axiom in philosophy , quod dat formami . that which gives the form , gives the consequence of the form ; the king by his writ gives the very essence , and form to the parliament , being the production of his breath , therefore priviledges which are but consequences of the form must necessarily proceed from him . in the . of king james , a declaration was sent from new-market to the parliament , wherein he asserts ; that most priviledges of parliament grew from precedents , which she wrather a toleration that an inheritance , there●ore he could not allow of the stile they us●d to him , c●lling it their ancient and undoubted rights and inheritance , but could rather have wished they had said , their priviledges were derived from the ●race and permission of his anc●stors and himself . thereupon he concludes . that he cannot with patience endure his subjects to use such antimonarchical words concerning their libertie , except they had subjoyned , they were gran●ed unto them by the grace , and favour of his progenitors ; yes he promiseth to be careful of whatsoever priviledges they enjoy by long custome , and incontrolled lawful precedents . at the presentment of the speaker of the house of commons to the king upon the first day of parliament , the speaker in the name and behoof of the commons humbly craves , that his majesty would be pleased graciously to grant them their accustomed liberties and priviledges , which petition of theirs is a fair recognition of the primitive grace and favour of the soveraign prince in bestowing of privil●dge , and is a shrewd argument against any other title . for our antecessors would not have been so ceremonious , nor so full o● complement , as to beg that of grace , which they might have claimed de jure by right : a●d the renewing of this petition at the beginning of every parliament , argues the grant to be but temporary . polyander . this was not the doctrine it seems of the late long parliament whose priviledges flew so high that they ●retopped the ●rerogative ; for they drew the reins of all rule and reason into their hands , and left the governour in chiefe neither of them ; and if he chanced to send them any advice or admonition 't was presently cryed up to be breach of p●iviled●e , breach of priviledge . but sir , by the seque● of our former discourse , i find that the high co●rt or common council of this kingdom was composed at first of prelates , and peers ; that parl. is but a modern word , and came in after the norman conquest : i find also that the commons came to be made ● house , and that magna charta and charta de foresta , were not free spontaneou● grants , but that they were in a manner extorted from kings in times of necessity and confusion ; i find also that the primitive and ordinary way of government was the one supream magistrate alone and his council of state , and when he pleased , by the common council ; but now sir , i pray be pleased to acquit your selfe of the promise you did me the favour to make , of acquainting me with the proceedings of the late long parliament . philanglus . to do that , i will deduce matters from the beginning , and to finde them our must look north ward , for there the cloud of all our ensuing confusions began to condense first . you know sir , the scots nation were ever used to have their king personally resident among them , and though king james by reason of his age , bounty , and long breeding there , with other advantages , drew such extraordinary respects from them that they continued in a good conformity all his reign , yet after his death they were often over-heard to mutter at the remoteness and absence of their king ▪ and that they should now become a kind of province truckling under england , by reason of such a distance from the royal court : moreover some of their nobles and gentry found not at the english court , nor at the late kings coronation in edenburgh , that countenance , familiarity , benefit and honours which they expected : and 't is too well known who he was that having got some wealth in the swedish wars , and being denied to be lorded , took a pet , and went hence discontented to his own country . these discontented parties tamper'd with the mercenary preach-men up and down scotland to obtrude and hold out to the people what doctrines were put into their mouths by their patrons so that the pulpits every where ●ung of nothing but of invectives against certain obliquities and solaecisms , and i cannot tell what in government , and many glances they had upon the english church . yet all this while there was not matter enough for an insurrection , nor to dispose the peoples hearts to a mutiny , untill by the policy of the said discontented party , the english liturgy was sent thither . this , by the incitement of those fiery pulpiteers , was cried up to be the greatest idol that possibly could be brought into their kirk ; insomuch that when it was first offer'd to be read , the women and baser sort of mechanicks threw stools at the bishops head in the kirk , and were ready to tear them in pieces : and here began the first storm . the king having notice hereof sent a proclamation , signifying , that whereas he had recommended that book of common prayer to be practised among them , whereby be himself served god almighty twice a day , he did it onely out of a design to establish an uniformity of publick divine service in all his dominions , specially in that his native country . but since it had produced such dangerous effects , he was contented to revoke it absolutely ; it never being his purpose to press the practise of thesaid book upon the conscience of any , for he did onely commend , not peremptorily command the use of it . therefore , he exhorted and required that every one unto whom it had given any scandal ▪ should return to his former obedience , and serve god as he was wont , offering therwith a general pardon , and to passe an act of amnestia for the abolition of all offence passed . polyander . and would not this suffice ? in natural motions we find that the cause being taken away , the effect ceaseth , and will not this rule hold in civil actions . philanglus . it seems this would not serve the turn , but there was a further reach in it , and to take the advantage of fishing in these troubled waters : you know the scots since their single lyon came to quarter with our three , were much heightned in their spirits , more respected , employed and trusted abroad , more elevated in their resolutions and aims , they grew rich , for you have heard of a silver mine that reached from westminster to edenbrough : and i beleeve you have not forgot b●ccolinies ballance , wherein lorenzo de medici was appointed by the oracle at delphos to weigh all the states of christendom , and throwing england into the scales to counterpoise france , you know how much he made her to weigh lesse by the addition of scotland . polyander . i beleeve we had been better without this addition , for the union 'twixt scotland and england may be said to be a mixture of vinegar with oyl . philanglus . to resume my discourse , the former proclamation , though it breathed nothing but grace , would not suffice the scots , but having an inch given them , they would take an ell , and nothing would serve their turn but an utter extirpation of episcopacy , for by trampling the miter under their feet , they hoped to have some of the birds plumes being plucked to feather their own nests , and they brought their work about : good lord , what a deal of dirt was thrown into the bishops faces by every rural petty clerk ? what infamous ballads were sung up and down ? what a thick cloud of epidemical hatred hung suddenly over them , so far that a dog with a white neck was called bishop amongst them . the chiefest contrivers of this uproar , finding their designs to fadge so well , and perceiving the country to be so eagerly bent against bishops ( and what artifices and suggestious were used to render them so odious , is incredible . ) but finding withall the king unwilling to alter the government his father had left him , and to which he had been sworn at his coronation : they put themselves in arms , and raised forces to beat down the miter with the sword , if the scepter would not do it . to the english frontires they marched with a numerous army , pretending they came as petioners , but they brought their petition upon the pikes point . hereupon the king raised a counter army , and marched as far as barwick , but some of the great ones about him grew cold in the action ; so a pacification was shuffled up , and i think it was the most dishonourable that ever england made . polyander . i could have wished two things , that either the king had then given them battel , having the flower of his nobility and gentry about him , who understood came with all promptitude and cheerfulness to the service , or else that after the pacification he had with a royal freedom , and a commanding confidence gone amongst them in person to hansel their new parliament house at edenburgh , for in all probabilitie this course might have averted those showrs and cataracts of miseries which fell upon him afterwards , but i pray sir proceed . philanglus . hereupon a parliament was summoned in england , a parliament do i call it ? it was rather an embrio of a parliament , a kind of ephemeran thing . in this short sitting the king declared to both houses the indignities he had received from his scots subjects , and therefore he proposed a supply to be made of twelve subsidies to suppress that rebellion , and in lieu thereof , he was willing to forbear , and utterly to abolish the ship-money , which he had reason to think legal , being advised thereunto by noy his attorney general , who was cryed up to be so great a clerk in the law , yet he would not rest there , but he advised further with his learned council of the sergeants at law and others who concurred in opinion with no ; nor would he rest there , but he had the approbation of all the judges si●gly , and afterwards of the major part of all the twelve upon a leasurely debate ; this he thought sufficient to induce his conscience to hold the things legal : it was proved that the moneys levied that way were employed to the right use and no other , viz. to the garding of the narrow seas , and to preserve the right of his dominion in them ( being the fairest flower of his crown ) which was not onely discoursed of abroad , but the french cardinal was over heard to question his right that way . and touching the danger that hung over england he alledged how could england but be in apparent danger considering how all her neighbours about her were in actual hostility , which made huge fleets of men of war , both french , dunkerkers , ha●burgers , and hollanders , to appear ever and anon in her channel and hard before her royal chambers . he declared further , that not one peny of that publique contribution came to his private coffers , or was given to any favorite , but he added much of his own treasure for the maintenance of a royal fleet abroad every summer ; yet he was ready to passe any bill for the abolishing of the said ship-money , and redressing of any grievance besides , provided his parliament would enable him to suppress and chastse the scot . some say the house was inclinable to comply with the king , but as the ill spirit would have it , that parliament was suddenly broke up , and it had been better for him that they who gave him that counsel had been then in arabia , or beyond the line , in their way to madagascar , yet those men were of high request in the long parliament afterwards being . the king reduced to such streights , and resenting still the insolence of the scot , proposed the business to his privy council , who suddenly made a considerable sum for his supply , whereunto divers of his domestick serv●n●s did contribute ; among others who were active herein , the earl of strafford bestirred himselfe notably , who having got a parliament to be called in ireland , went over , and with incredible celerity raised . men , and procured money of the parliament there to maintain them . an army was also levied here which marched to the north , and there fed upon the kings pay a whole summer . the scot was not idle all this while , but having punctual intelligence of every thing that passed at court as far as what was debated in the cabinet council , or spoken of in the bed-chamber ( where of the six grooms , five were scots ) which was a great advantage unto him . he armed also , and preferring to make england the stage of the war rather then his own country , and to invade rather then to be invaded , he got ore the tweed , where he found the passage open , and , as it were , made for him all the way , till he come to the river of tine : and though there was a considerable english army of horse and foot at newcastle , yet they never offered to face the scot all the while . at newburg there was indeed a small skirmish , but the english foot would not fight ; so newcastle gates flew open to the scot without any resistance at all , where 't is thought he had more friends then foes , for all presbyterians were his confederates . the king being advanc'd as far as york , summon'd all his nobles to appear , and advise with in this exigence , commissioners were appointed on both sides who met at rippon , and how the hearts and courage of some english barons did boil within their breasts to be brought to so disadvantagious treaty with the scot , you may well imagine : so the treaty began , which the scot , would not conform himself unto , unlesse he were first made rectus in cur●a , and the proclamation wherein he was call'd traitor revoked , alledging how dishonourable it would be for his majesty to treat with rebels . this treaty was then adjourn'd to londo● where the late long parliament was summon'd . polyander . truly sir , i must tell you , that to my knowledge those unhappy traverses with the scots made the english suffer much abroad in point of national repute ; but in this last expedition of the scot , england may be said to have been bought and sold , considering what a party he had here in court and country , specially in the city of london . therefore his coming in then may be call'd rather as invitation then an invasion . philanglus . the scot having thus got quietly into a town he never took , and nested himself in newcastle , our late long long parliament began at westminster : being conven'd , the king told them that he was resolved to cast himself and his affairs wholly upon the affection and d●lity of his people , whereof they were the representatives ; therefore he wished them to go roundly on to close up the ruptures that wer● made by that infortunate war , and that the two armies one english , the other forraign , which were gnawing the very bowels of the kingdom might be both dismissed : touching grievances of al natures he was ready to redress them , concerning the shipmony he was willing to passe a law for the utter abolition of it , and to canc●l all the enrollments , therefore he wish'd them not to spend much time about that : for monopolies he desired to have a list of them , and he would damn them all in one proclamation : touching ill counsellours either in white-hall or westminster-hall , either in church or state , hee was resolved to protect none : therefore he desired that all jealousies and misunderstandings might vanish , and so concluded with this caution , that they would be carefull how they shook and d●●jointed the frame of an old setled government too much , in regard 't was like a watch , which being put asunder , can never be made up again if the least pin be left out . thus at the beginning of the parliament there were great hopes of fair weather after that cold northern storm and that we should be rid of the scot , but that was least intended till some designs were brought about : the earl of strafford , the arch-bishop of canterbury , the judges , and divers other are clapp'd up , and the lord keeper finch took a timely flight t'other side of the sea : and in lieu of these , the bishop of lincoln is inlarged , bastw●ck , burton , and pryn , who were strong presbyterians , were brought into london with a kind of hosanna . polyander . it is possible that the lenity of the king should be such as to yeeld to all this ? philanglus . yes , and to comply further with them , he took as it were into his bosom , i mean he admitted to his privy council , such parliament lords who were held the greatest zealots among them : the lord say was made master of the court of wards , the earl of essex lord chamberlain . moreover to give a further evidence how firmly he was rooted in his religion , and how much he desired the strengthning of it abroad , the treaty of marriage went on 'twixt his eldest daughter and the prince of orange ; hereunto may be added as a special argument of compliance , the passing of the bill for a triennial parliament , and lastly he was brought to passe the act of continuance , which prov'd so fatal unto him . polyander . touching the triennial parliament , i heard of a prophetick mistake that came from a lady of honour , who sending news that time to the country , did write , that the king had passed a bill for a tyrannical parliament , whereas she should have said triennial ; and touching the act of continuance or perpetual parliament , i heard a tale of archy the fool , who being asked whether the king did well in passing that bill , answered , that he knew not whether the king was the greater fool to grant it , or they the greater knaves to ask it . but the saying of the late earl of dorset is remarkable who saluted the king the next morning with the stile of fellow subject , in regard that by that grant he had transferred both crown , sword and scepter to the parliament , for now we may say , that england hath four hundred and odd kings in her : but t is observed , that princes of a hard destiny do follow the worst councils ; but sir , in lieu of these monstrous acts of grace and trust , what did the parliament all this while for the king . philanglus . they promised , specially upon the passing of the last act , that they would make him the most glorious , the best beloved , and richest king that ever reigned in england , which promise they voted , and confirmed with the deepest protests and asseverations that could be . adde hereunto , that the earl of strafford was passed over unto them , who after a long costly tryal was condemned to the scaffold , and so made a sacrifice to the scot ( and them ) who stayed chiefly for his head . polyander . touching the earl of strafford , 't is true he was full of ability , courage and elocution , yet i heard his wisdom questioned beyond sea in divers things . first , that having a charge ready against his chiefest accusers , yet he suffered them to take the start of him , and have priority of suit , which if he had got , he had thereby made them parties , and so incapable to proceed against him ; secondly , that during the time of his tryal , he applyed not himselfe with that compliance to his jury as well as to his judges , for he was observed to comply only with the lords , and slight the house of commons , lastly , that knowing he had both parliament and scot his enemies , as also the irish , he would not go aside a while , and get beyond sea ( which he might have easily done from york ) in lieu of coming up to london . philanglus . i beleeve his death was resolved upon before his comming from york , if not by ordinary way of justice , yet by way of publique expedience , which appears , in regard the proceedings against him , was by a clause in the act not to be produced for a leading case , for example to future ages , and other inferior courts . good lord , how the rabble of the city thirsted after his death ! who were connived at , and countenanced by the parliament it selfe to strut up and down both before white hall and , westminster hall , where they cryed out , that if the common law failed , club law should knock him down : nay , their insolency was permitted to swell so high , that they demanded the names of those lords who would not doom strafford to death . polyander . is it possible that the grave and solemne high court of parliament should permit such popular insolencies to be committed before their faces . philanglus . yes , and notwithstanding that the lords did often solicit the house of commons to take a course for suppressing them yet 't was not hearkened unto ; nay when the king had commanded a double guard of constables and watch-men ( which is the usual way by law ) to attend at westminster hall , for suppression of such disorders , the commons cryed out , that it was a breach of the privileges of the house and a trenching upon their liberties ; so they took afterwards a band of souldiers to guard them of their own election , which was never known before . polyander . me thinks that the earl of strafford being gone , fair weather should have followed , he was the cause of the tempest being thus thrown over board . philanglus . 't is true , the scots were dismissed a little after , having fidlers fare , meat , drink , and money for eleven months together in england , with straffords head to boot . so the king prepared to go for scotland according to articles , to hold a parliament there ; this fill'd the house of commons with odd kind of jealousie , therefore they cast about how to prevent the journey : so they did beat their brains night and day about it , so far that they sate upon sunday in debate , but with another proviso , that it should not be made a precident for future ages , as the other caveat was for their proceedings against the earl of strafford . well , the king went to his scots parliament , where he fill'd every blank , for they did but ask and have . he granted them what possibly they could propone in point of governing , both for kirk and state , many received new honors , they made havock , and divided all the bishops lands amongst them ; for all which unparallel'd concessions and acts of grace , as an argument of gratitude , they caused an act ( though already in force ) to be publish'd and reviv'd . that it should be detestable , and damnable treason in the highest degree that could be for any of the scots nation conjunctly or singly to levy arms , or any military forces upon any pretext whatsoever , without the kings royal commission ; but how the scot observed this solemn act afterwards the world knows too well . during the kings being in scotland , that formidable hideous rebellion in ireland broke out ; which the irish impute to the english parl. first , in regard that one of their accusations against strafford was , that he used the papists in that kingdom too favourably : secondly , for the rigorous proceedings intended by the said parliament against the english catholicks ; thirdly , for design the english parliament had to bring the ●utch and the scot to plant in ireland , the last of whom the irish do hate in perfection above all other nation ; and lastly , the stopping of that irish regiment of cashiered souldiers , which the king promised by royal word and letter to the king of spain , who relying upon that imploiment which was denied them by order from the english parliament , rather then to begg , steal , or starve , they turned rebels . polyander . indeed , i heard that act of staying the irish forces much censur'd abroad , to the dishonour of the king of england and reproach of the parliament , considering ho● the marquis de velada , and malvezzi and don alonzo de cardenas , who were all three ambassadours here for the king of spain at that time , having by dependance upon the sacred word , and letter of a king , imprested money , and provided shipping for their transport , which came to a great charge ; but i pray be pleased to proceed . philanglus . the king having setled scotland , was his return to london received with much joy , but though he was brought with a kind of hosanna into one end of the town , he found a crucifige at the other ; for at westminster there was a remonstrance fram'd , a work of many weeks , and voted in the dead of night , when most of the moderate and well-minded members were retir'd to their rest ; in which remonstrance , with as much industry and artifice as could be , all the old moats in government were expos'd to publick view from the first day of the kings inauguration to that very hour . polyander . how could this agree with the protestation the house did make formerly to the king , to make him the best beloved that ever was ? i thought that before his going to scotland he had redress'd all grievances , by those acts of grace you spoke of before . philanglus . so he had , and he rested not there but complid further with the house , by condescending to an act for putting down the star chamber court ▪ the high commission court , the court of honor , nay he was contented that his privy councel shou●d be regulated , and his forests bounded , not according to ancient prerogative , but late custom ; nay further , he passed a bill for the unvoting and utter exclusion of the spiritual lords from the parliament for ever : add hereunto , that having placed two worthy gentlemen liev●enants of the tower , he remov'd them one after another ▪ to content the house , and put in one of their election : lastly , he trusted them with his navy royal , and call'd home at their motion , sir i. pennington who had then the guard of the narrow seas . polyander . i never remember to have heard or read of such notable concessions from any king ▪ but how came the bishops to be so tumbled out . philanglus . the city rabble were still conniv'd at to be about westminster hall , where they offered some out-rages to the bishops as they went into the house ; hereupon they presented a petition to the king and parliament , that they might be secur'd to repair thither to discharge their duties according to the laws of the land : in which petition there was a protest or caveat that no act should passe , or be valid without them : this petition , both for matter and form was much excepted against , and cried up to be high treason , so twelve of the old bishops were hurried to the tower ; but some of the knowingest lawyers being considered withall , whether this was treason in the bishops , or no ▪ they answered , that it might be called adultery as much as treason : so after many moneths imprisonment , the charge of treason being declin'd against them , they were releas'd in the morning , but coop'd up again in the afternoon , then they were restored to a conditional liberty touching their persons but to be eternal●y excluded out of the house , which made one of them in a kind of prophetick way , to tell one of the temporal●peers ▪ my lord you see how we are voted out of the house , and the next turn will be yours , which proved true . polyander . i remember when i was at york a gentleman shewed me a fair old manuscript of some things passed in henry the eighths time : and one passage among the rest sticks in my memory , how cardinal wolsey being sick at leic●ster , the king sent sir jo●n kingston to comfort him : to whom he answered . oh! sir john , 't is too late to receive any earthly comfort but remember my most humble allegeance to the king , and tell him this story from a dying man ; the bohemians repining at the hierarchy of the church , put down bishops ▪ but what followed ? then the comunalty insulted over the nobility , and afterwards the king himself was depo●●d ▪ so the government grew a while to be meerly popular , but then it turned from a successive to be an elective kingdom ; this , said he , will be the fate of eng. unless the king bear up the reverence ●ue to the church , and so i pray god that his majesty may find more mercy at the tribunal of heaven , then i have upon the earth ; but pray sir be pleas'd to proceed . philanglus . the parliament having the navy at their disposing ( which they found to be in a good equipage , gramercy ship money ) and having chosen the earl of warwick commander in chief , notwithstanding the king excepted against him , they demand all the land souldiers and military strength of the kingdom to be managed by them , and to be put in what posture , and under what commanders they pleased ; but the king answered , that he would consider of this , and it was the first thing that he ever denied them , yet at last he was contented to grant them this also for a limitted time ; but that would not serve the turn : hereupon growing sensible how they inched every day more and more upon the royal prero●ative he thought 't was high time for him to look to himself : and intending with some of his menial servants onely to go to hull to see a magazin of ammunition which he had bought with his own treasure , he was in a hostile manner kept out , the gates shut . cannons mounted , pistols cocked and levelled at him , and there the kings party said , the war first began . polyander . a hard destiny it was for a king to lose the love of his subjects in that manner , and to fall a clashing with his great council : but under favour ; that demand of the militia was somewhat too high : for every natural prince , and supream governour hath an inherent and inalienable right in the common strength of the country , for though the peoples love be a good cittadel , yet there must be a concurrence of some outward visible force besides , which no earthly power may dispose of without his command , and for him to transmit this power to any other , specially to any that he mistrusts , is the onely way to render him inglorious , unsafe , and despicable , both at home and abroad ; you know in the fable when the lion parted with his paws , and the eagle with her talons , how contemptible the one grew among all beasts , and the other among birds . the scepter and the crown are but bables without a sword to support them . there 's none so simple as to think ther 's meant hereby an ordinary single sword , such as every one carrieth at his side , no , t is the publique polemical sword of the whole kingdom , 't is an aggregative compound sword , and 't is moulded of bellmettle , for 't is made up of all the ammunition and arms , small and great , of all the military strength both by land and sea , of all the forts castles , and tenable places within and without the whole country : the kings of england have had this sword by vertue of their royal signory , as the law faith , from all times , the prerogative hath girded it to their sides , they have employed it for repelling of forraign force , for revenging of all national wrongs or affronts , for quelling all intestine tumults ; the people were never capable of this sword , the sundamental constitutions of this land deny 〈◊〉 them : 't is all one to put a sword in a mad mans hand as in the peoples : now under favor , the supream governor cannot transfer this sword to any other , for that were to desert the protection of his people , which is point blank against his oath and office : but i crave your pardon again that i have detained you so long from the pursuit of your former discourse . philanglus . the king being so shut out of one town ( i mean kingston upon hull ) he might suspect that an attempt might be made to shut him in within some other : therefore be made a motion to the york-shire gentlemen to have a guard for the preservation of his person in imitation of the parliament , who had taken a kind of choice praetoria● band many moneths before for their safeguard , though without the kings consent : the northern men came cheerfully to this service ; wherewith the parliament being not well pleas'd they interdicted all trade to newcastle . but i must make a step back ; when the king was return'd from scotland , he retir'd to hampton court , yet upon the lord mayors and cities solicitation , hee came back to white-hall , to keep his christmas ▪ but when the bill against bishops was in agitation , which lasted above ten months , and was twice cast out of the house of peers , a crue of hold sturdy mechanicks , marriners , and tar-pawlings came from the city , and ruffled again before white-hal and westminster-hall , and would have violated the abbey of westminster , under the parliaments nose , so that for many nights , a court of guard was forc'd to be kept in the body of that church . the king finding such distempers still in the parliament , and knowing the chiefest authors of them who he had impeach'd before but could get no justice against them in an ordinary way , though he desir'd the parliament to direct him in a course how to go on in the empeachment in such extremity , for desperate diseases requiring desperate cures . he took the palsgrave with him , and making use of the next coach he met withall at the court gate , he went to the house of commons in person to demand five members , which he would prove to be traytors in the highest degree , and to be the fomenters of all these divisions , protesting unto them upon the word of a king , that they should have as fair and legal a trial as ever men had ; in the interim , he desir'd onely that their persons might be secur'd : the walls of both houses , and the very stones of london streets did seem to ring of this high carriage of the king , and the sound thereof far and neer into the adjacent countries , whence the plebeans ( by incitement of some of the members ) came in whole herds to the city , and strutting up and down the streets , had nothing in their mouths but priviledge of parliament . polyander . yet as i observ'd in your discourses before queen elizabeth , though she was so popular , and such a minion of parliaments , did the like , and far higher things . but now that you have given a touch of the palsegrave , i remember a manifesto of that parliament , which they passed and published in favour of his restitution , which was laughed and libelled at in germany . philanglus . 't is true , the king went in state one day to the parliament in his behalfe , where he clear'd unto them the whole business , and because he doubted that sir thomas roe his embassadour should have but sorry success in the diet which was then held in germany , in regard he understood of an amnestia to come forth , whence the prince palatine was excluded , he desired the two houses to joyn with him in a publique manif●sto . the parliament did cheerfully approve hereof , praying that scotland would joyn with them : the manifesto consisted of two parts , or protestations , one against all acts whatsoever that should passe in the imperial diet in the prejudice to the palatine ; the other , that the king and parliament of great britain were resolv'd to espouse his quarrel ; but this business was little thought of afterwards . the king as i told you before , having gone to the house of commons himself to demand those members , it happened none of them were there , but retir'd to london for refuge , the house having had notice of the design from marquis hamilton who was us'd to reveal unto them whatsoever was intended at court . polyander . it may well be said then , that the infortunate king had greater traitors within dores , then abroad ; but it concern'd hamilton , with holland , and others to keep in with the house , because they were the chiefest monopolizers , specially the earl of m. who in regard his son was so great a zealot in the upper house , was permitted to keep a kind of office to compound , for his corruption , and briberies , whereof there were above forty prov'd against him , yet he scap'd without any punishment at all , or least mark of infamy . philanglus . well sir , the londoners grew stark wild when they heard of this attempt of the king , and the countries about , specially essex and buckinghamshire men being incited by hamden ( who was kill'd afterwards upon the same turf of earth where he call'd the people together ) came in great swarms to town , and joyning with the city and suburbian rabble . they brought the five members the next day to the house , in a kind of triumph , being guarded by water as wel as by land by such companions . a little after , sundry troops of count●y horse came , and instead of feathers or ribands , they carried a paper-protestation in their hats , as the londoners had done a little before upon their pikes point . polyander . i heard much of the said protestation , but i pray oblige me to tel what it was . philanglus . it consisted of many parts , being penn'd , and enjoin'd by the parliament for every one to take : the first part was to maintain the true protestant religion against all popish innovations ( but no other . ) the second was to maintain the person prerogative , and hono● of the kin . the third , the priviledge and power o● parliament . and lastly , the pr●priety and liberty of the subject . polyander . where was the king during all these popular riots ? philanglus . rather then expose himself to such indignities , and there being dark whispers of an attempt upon his person ; he retir'd to hampton court . thence to windsor castle , whence having accompani'd the queen , and his eldest daughter to the sea-side for holland , and having commanded the prince to attend him at greenwich against his return , the prince had been surpriz'd , and brought to london , had the king stayed but a quarter of an hour longer : thence he remov'd to york , where he sojourn'd all that summer ; and among other things he sent for his great seal thither , which rid post , and was pursued by the parliament , but not overtaken . the king being setled at york , the parliament still move him to have the disposing of the militia , and not to be limited to any time , which he denied , for he was loth to be dis-arm'd , and part with his sword : therefore he put forth his commissions of array according to the old law of england as he alled'd , which declares it to be the undoubted right , and royal signory of the king to arm or disar● any subject . the parliament send out counter-commands for the executing the said militia , so by this clashing 'twixt the commission of array and the militia , the first flash of that cruel , and cruentous civil war may be said to have broke out . a close committee was appointed , which was mix'd of lords and commons , and i cannot tell how many rural , and subordinate committees of mean mechanical men , who stood higher a tip-toe in conventing lords and knights before them , then the parliament members themselves ; an admiral also was sent to sea , against whom the king excepted . polyander . that was strange , considering how oft the king had complied with them that way , having at their request remov'd two lievtenants of the tower , and taken one of their election , having remov'd the governour about his son , and taken one of their choice , having remov'd sir thomas glenham from hull , and nominated hotham , &c. philanglus . the presbyterians who had brought in the scots army before , and were the activ'st men , cried out that the whole kingdom was like to be ruin'd by secret plots and machinations ; that there was a design to bring in the pope , and to cast the civil government into a french frame , wherof they made the pulpits to ring up and down ; nor did the pulpit onely help to kindle this fire , but the presse also did contribute much thereunto , dangers , and jealousies , and a kind of superfaetation of fears did daily increase in every corner , — traduntque metus n●c poscitur author . as the poet saith . polyander . there be sundry sorts of fears : there are conscientious fears , there are pannick fears , there are pusillaminous fears , and there are politick fears : the first proceeds from guilt of conscience , which corns oft to phrensie ; the second fear may be called a kind of chymera , 't is some sudden surprizal or consternation proceeding from no grounds ; pusillaminous fear makes a mountain of a mole-hill , it proceeds from poverty of spirit , and want of courage , and is a passion of abject , and degenerous minds , and is call'd cowardize ; politique fear is a created forg'd fear , wrought in another , to bring some design about ; and as we finde the astronomers ( as is said elsewhere ) do imagine such and such shapes and circles in the heavens , as the zodiack , equinoctial , c●lur●s , tropiq●es , and others , though there be no such things really in nature , to verifie and make their conclusions good ; so the sta●ist doth often devise and invent imaginary fears to make his proceedings the more plausible , and thereby to compass his ends . or as the sun useth to appear far bigger in the morning and evening , then at noon when he is exalted to his meridian , and the reason the philosophers use to give is the interposition of the vapours and exhalations , which are in the lower region of the air , through which we look upon him , ( as we find a piece of silver look bigger in a bason of water , then elsewhere ) so the polititian useth to cast strange mists of fears , and fogs of jealousie before the simple peoples eyes , to make dangers seem bigger . it is observed , that the torpedo fish ▪ when he fears to be catched , useth to disgorge an ●nky ●lack froth , to puddle and darken the water that he may not be seen and so avoids taking ; so one trick of a statist when he goes a fishing after some ends of his own , is to cast out before the eyes of the credulous vulgar strange mists , and apprehensions of fears and dangers , that they may scape in them if need be : but i pray deal clearly with me , was there a design to bring in the mass again ? philanglus . the mass ? you may say there was a plot to bring in mahomet as soon , to bring in the alchoran or talmud as soon ; yet i believe there was a pernitious plot to bring in a new religion , but what religion i pray ? it was not papery but presbytery , and with it to usher in buchanan and knox and to cast our church and state into a scots mould . polyander . i must tell you indeed that i heard the english much censured , and undervalued abroad , for enslaving , as it were , their understandings and judgements in point of religion to the scots , whom we made christians and reformed christians first , and now for us to run to them for a religion , what a disparagement think you is it ? but you spoke before of an empeachment of high treason ; the king had against the five members , for which he desired only the benefit of the law , i pray what was that treason ? philanglus . the main charge of treason that was intended to be exhibited against them , was the private intelligence , and combinations they held with a forreign nation , and to have been the prime instruments of bringing in the scots army , which had done so much mischiefe to england , and was dismissed upon such inglorious terms , for besides the plunder they got , they had a vast sum of treasure to be gone ; which was not the usua● 〈◊〉 that our progenitors used in dealing with the scot , for in former times england was 〈◊〉 to pay the scot his arrears ( when he came to visit her borders ) in another kind of mettal ; viz. with good iron and steel , not with gold and silver , but she hath soundly revenged her selfe since , for the insolencies of that hungry nation . but to proceed , the hierarchy , and english liturgy being voted down , there was a general liberty given to all consciences in point of religion ; the taylor and shoomaker might have cut out what religion they pleas'd ; the vintner and tapster might have broach'd what religion they pleas'd ; the druggist and apothecary might have mingled her as they pleas'd ; the haberdasher might have put her upon what block he pleas'd ; the armorer & cutter might have furbrish'd her as they pleas'd ; the dier might have put what colour , the painter what face they pleas'd upon her ; the draper and mercer might have measur'd her as they pleas'd ; the weaver might have cast her upon what loom he pleas'd ; the boat-swain and mariner might have brought her to what deck they pleas'd ; the barber might have trimm'd her as he pleas'd ; the gardner might have lopp'd her as he pleas'd ; the black-smith might have forg'd what religion he pleas'd . and so every one according to his profession and fancy was tollerated to form what religion he pleas'd , as was observ'd elsewhere . polyander . indeed i was told often beyond the seas that the liberty of the gospel , and the liberty of the people , were the two things which were mainly aim'd at , but how did the war begin ? philanglus . i told you before , that besides other causes the clashing of the militia , with the commission of array , did put all things in disarray throughout the whole kingdom , many declarations came from the king , but they were prohibited at last to be published , and the printers punish'd . a little after the parliament voted an army to take away ill councellours from about the kings person , and the earl of fssex was appointed general , with whom they voted to live and die . polyander . me thinks that lord was not so proper for the service , in regard his father before him lost his head upon the like occasion for offring to amove ill councellors from about queen elizabeth ; but i beleeve he might have a private quarrel of his own with the court , in that his first wise was articled , and sentenc'd away from him , and married to a scotch man whom he much hated , in king james his time , who made a deep asseveration , that if any thing was amiss in that divorce , he wish'd it might light upon his own soul ; but i pray be pleas'd to go on . philanglus . the king understanding that the parliament did thus arm , he was told that it was not fit for him to be idle , so having levied some forces in the north , he marched with them to nottingham , where he set up and displaied the royal standard , but the beam thereof by a gust of wind towards the evening was broke , which was held an ill augury . polyander . i heard by some of those that were then on the place that the king had not effective fighting men , when he put up his standard , and the parliament had an army of above in a compleat body , and upon their march about northampton , therefore i heard it censured a great oversight in the parliament , that they did not inorder their general , to find out the king at nottingham , where he might have either taken him prisoner or forc'd him to flie with his little confus'd army : but i pray pursue your discourse . philanglus . i must again step a little back , and inform you , as that army of the parliaments was a levying , these propositions were sent to the king , with a complemental introduction , which because they are of a very high nature , i will particularly relate unto you , the preamble was this . wee your majesties most humble and faithful subjects , having nothing in our thoughts and desires more precious , and of higher esteem , next to the honour and immediate service of god , then the just and faithfull performance of our duty to your majesty and this kingdom ; and being sensible of the great distractions , and distempers , and of the iminent dangers , and calamities , which the said distractions and distempers are like to bring upon your majesty and your subjects , all which have proceeded from the subtile informations , mischievous practises , and ill counsels of men disaffected to gods true religion , your majesties honour and safety , and the publick peace and prosperity of your people . after a serious observation of the causes of these mischiefs : wee do in all humility and sincerity , present to your majesty our most humble petition and advice , that out of your princely wisdom for the establishing of your own honour and safety , and gracious tendernesse of the welfare and security of your subjects and dominions , you will be pleased to grant and accept these our humble desires , and propositions , as the most necessary effectual meanes through gods blessing of removing those jealousies , and differences which have unhappily fallen 'twixt you and your people , and for procuring both your majesty and them a constant course of honour , peace and happiness . . that those of your privy council , and such great officers and ministers of state , either at home or beyond the seas , may be put from about you , and from those offices and employments , excepting such as shall be approved of by parliament ; and that the persons put into the places and employments of those that be removed , may be approved of by parliament ; and that all privy councellors shall take an oath for the due execution of their places as shall be agreed upon by parliament . . that the great affairs of the land may not be concluded or transacted by the advise of private men , or by unknown , and unsworn councellors , but that such matters that concern the publique and are proper for high assemblies , which is your majesties great and supream council , may be debated , resolved , and transacted here , and no where else , and such as shall presume to do any thing to the contrary , shall be reserved to the censure and judgment of parliament ; and such other matters of state , as are proper for your privy council , shall be debated , and concluded by such , as shall from time to time be chosen for what place by approbation of parliament ; and that no publique act concerning the affairs of the land which are proper for your privy council may be esteemed of any validity as proceeding from royal authority , unless it be done by the advice and consent of the major part of your council ; and that your council be limited to a certain number , no●t exceeding twenty five , nor under fif●●een ; and if any councellors place happen to be void in the intervalls of parliament , it shall not be supplyed without the co●●sent of the major part of the council , which voice shall be confirmed at the next sitting of parliament , or else to be void . . that all the great o●ficers of state and civil justice , as also your secretaries , may be chosen with the approbation of parliament , and in the intervals as formerly . . that he or they , to whom the government , and education of the royal issue shall be committed , shall be approved by parliament , and in the intervals as formerly ▪ and that all such servants which are now about them , against whom the parliament shal have any just exception , shal be removed . . that no all ●nce of any of the royal issue , by way of marriage , shall be concluded or treated with any forraign prince or other person whatsoever ▪ at home or abroad , without consent of parliament , under the penalty of a praemunire unto such as shall conclude or treat of any such alliance ; and the said penalty shall not be pardoned or dispensed with , but by consent of parliament . . that the laws in force against papists be strictly put in execution without any toleration or dispensation to the contrary ; and that some more effectuall course be enacted to disable them from making any disturbance in the state , or ●luding the law by trusts or otherwise . . that the votes of all papists in the upper house may be taken away as long as they continue papists , and that such a bill be drawn for the education of their children in the reformed religion . . that your majesty will be pleas'd to consent , that such a reformation bee made of the church-government , as the parliamsnt shall advise of : and that your majesty will contribute your best assistance for the raising of a sufficient maintenance for preaching ministers throughout the kingdom ; and that your majesty will be pleas'd to give your consent to laws , for the taking away of innovations and superstition , and pluralities , and against scandalous ministers . . that your majesty will be pleas'd to rest satisfied with that course the parliament hath appointed for ordering the militia , untill the same shall be further setled by ●●ill ; and that your majesty will recall your declarations , and proclamations against the ordinance made by the parliament concerning it . . that such lords and gentlemen that are members of the house , which have been put out of any place or office , may either be restor'd , or have satisfaction for the same , upon the petition of the court , whereof he or they are members . . that all privy councellors and iudges take oath , the form where●f to be agreed upon , and setled in parliament , for the maintenance of the petition of right , of certain statutes made by this parliament ; and that an inquiry of all the breaches and violations of those laws may bee given in charge by the chief iudges , to be presented and punished according to law . . that all the judges , and all the officers placed by approbation of parliament may hold their places , quam diu ●e benè gesserint . . that the justice of parliament may pass upon all delinquents , whether they be within the kingdom , or fled without it ; and that all persons cited by either court , may appear and abide the censure of parliament . . that the general pardon offered by your majesty may be granted with such exceptions as shall be advised of by the parliament . . that the forts and castles of the kingdom be put under the command and custody of such as your majesty shall appoint , with the approbation of your great council , and in the interval with the major part of your privy council , as formerly . . that the extraordinary guard , and military forces now attending your majesty , be removed and discharged , and that for the future , that you will raise no such guards or extraordinary forces but according to the law , in case of actual rebellion or invasion . . that your majesty will be pleased to enter in a more strict league with the hollanders , and other neighbour princes and states of the reformed religion , for the defence and maintenance thereof against all designes and attempts of the pope and his adherents , to subvert and suppress it , whereby your majesty will obtain a great access of strength , and reputation , and your subjects much enco●raged and enabled in a parliamentary way for your aid and assistance in restoring the queen of bohemia , and her princely issue , to those dignities and dominions that belong to them , and relieving the other reformed distressed princes , who have suffered in the same cause . . that your majesty will be pleased to clear by a parliamentary act those members you have empeached , in such a manner , that future parliaments may be secured from the consequence of ill presi●ents . . that your majesty will be graciously pleas'd to pass a bill for restrai●ing peers made hereaf●en from sitting 〈◊〉 voting in parliament , unless they be admitted thereunto by consent of both houses . and these our humble desires being granted by your majesty , we shall forthwith apply our selves to regulate your present revenew in such sort as may be to your best advantage , and likewise to settle such a● ordinary , and constant encrease of it , as shall be sufficient to support your royal dignity in honour and plenty , beyond the proportion of any former grants of the subjects of this kingdom to your majesties royall predecessors ; we shall likewise put the town of hul into such hands that your majesty shall appoint , with the consent , and approbation of parliament , and deliver up a just account of all the magazine , and cheerfully employ the utmost of our endeavors in the real expression and performance of our dutiful and loyal affections , to the preserving and maintaining of the royal honour , greatness , and safety of your majesty , and your posterity . polyander . how did these propositions relish ? they run in a very high strain , though the preamble and conclusion breath a great deal of humility and allegeance . philanglus . the king received these proposals with a kind of indignation , saying ; that he was worthy to be a king no longer over them , if he should stoop so low ; some alledged that the very propounding of them was treason in the highest degree , for they struck at the very foundation and root of all royal authority ; therefore the condescending to them would render him a king of clo●●s , and fit to be hooted at by all his neighbours . polyander . the world was much amazed abroad that the peers should concur in passing such proposals , considering how their honour must stand and fall with the royal prerogative : well si● , on . philanglus . you must think sir , that one part of foure of the lords were not there , the rest were with the king , who slighting those nineteen propositions ( an unluckie number ) it made the pulse of the parliament to beat higher , and to publish to the world a new declaration the substance whereof was , that the parliament hath an absolute power of declaring the law , and wh●tsoev●r they declare is not to be questioned by ●ing , magistrate or subject : that ●n p●●cedents can bound or limit their proceedings : ●at they may dispose of any thing wher●i● king of subject hath any rig't●forth ▪ publick good , wherefore they may be jud●es without royal assen : that none of their members ●ught to be molested or medled withal for treason felony , or any other crime , unlesse the cause ● brought b●fore them to judge o● the f●ct : that the s●v●raign power resides in them : that l●vying of warre against the command of the king though his person be present , is no l●vying of war against the king , but the levying of war against his politick person and laws , that is the onely levying war against the king . polyander . it was not the first time that this new kind of metaphysick was found out to abstract the person of the king from his office , and make him have two capacities private and politick , for the same metaphysick was made use of in edward the seconds reign , but it was exploded , and declar'd by act of parliament afterwards to be detestable , and damnable treason : this were to make soveraignty ( by separating it from the person ) to be a kind of platonick idea hovering in the aer , to make a king a strange kind of amphibium , to make at the same instant a king , and no king , of the same individuum a power which the casuists affirm god almighty never assum'd to himself to do any thing that implies contradiction . philanglus . the parliament or rather the presbyteria● army ( for the presbyters sate then at the helm ) increas'd dayly , and things being at such a desperate point , there were two choice earls ( southampton and dorset ) sent from nottingham with this pathetick letter of the kings to the parliament . we have with unspeak●bl grief of heart , long beheld the distraction of this our kingdom ; our very soul is full of anguish until we may find some re●●dy to prevent the miseries which are ready to overwhelm this whole nation by a civil war ; and though all our indeavors t●nding to the composing of those unhappy differences 'twixt us and our parliament , though pursued by us with all zeal and sincerity , have been hitherto without the successe we hoped for , yet such is our earnest and constant care to preserve the publick peace , that we shall not bee discouraged from using any expedient , which by the blessing of the god of mercy may lay a firm foundation of peace and happinesse to all our good subjects : to this end , observing that many mistakes have arisen by the messages , petitions , and answers betwixt us , and our great councel , which haply may be prevented by some other way of treaty , wherein the matters in difference may be clearly und●rstood , and more freely transacted , we have thought fit to propound unto you that some sit persons may b●e by you inabled to treat with the like number to be authorized by us , in s●ch a manner , and with such freedo●e of d●bate , as may best tend to that happy co●clusion which ●ll good people desire ▪ viz. the peace of the kingdom , wherein as we promise in the 〈◊〉 of a king all sa●ety and ●ncouragement to them , who shall be sent unto u● , if ye w●ll chuse the place we are to meet for the treaty , which we wholly le●ve unto you , presuming the like care of the safety of those wee shall employ if you shall name another place , so we assure you , and all our good subjects , that to the best of our understanding , nothing shall be wanting on our p●rt , which may advance the true reformed religion , oppose popery and superstition , secure the law of the land , upon which is built as well our just prerogative , as the propriety and liberty of the subject , confirm all just power and priviledges of parl ▪ and render us a people truly happy by a true understanding 'twixt us and our great council ; bring with you as firm a resolution to do your duty , and let our people join with us in prayer to almighty god for his blessing upon this work . if this proposition be rejected by you , w●e have done our duty so amply , that god will absolve us from the guilt of any of that blood which shall be spilt ; and whatsoever opinion other men may h●ve of our power , we assure you that nothing but our pious and christian care to prevent the effusion of bloud hath begot this motion in us : our provisio● of men , armies , and money being such as may secure us from violence , till it please god ●o open the eyes of our people . poly●nd●r . what impression did thi● letter make , for it promis'd much . philanglus . it made little or none at all , though it was all written with the kings own hand ; for the parliament was formerly nettled at a declaration he had sent , when having made ● motion to go himselfe in person to suppress the irish rebels ( which attempt the scots approved of , and highly applauded ) but being not liked by the english parliament , he replied unto them , to this effect . when we recommended the reduct●on of ireland to you , we intended not to exclude our self , or not to be concernd in your councils , but that if there were any expedient which in our conscience and understanding we thought necessary for that great work ▪ we might put it in practise ; we look upon you , as our great council , whose advice we always have and will with great regard and deliberation weigh and consider of , but we look upon our self as neither depriv'd of our understanding , or devested of any right we had , were there no parliament at all sitting ; we call'd you together by our our own royal writ and authority ( without which you could not have met ) to give us faithful counsel about our great affairs , but we resigned not hereby our interest , and freedom , we never subjected our self to your absolute determination ; we have alwayes weighed your counsel as from a body intrusted by us , and when we have dissented from you , we have returned you the reasons which had prevailed with ou● understanding and conscience , and with such candor , that a prince should use towards his subjects , and with that affection a father should express to his children ; what applications have been used to rectifie our understanding by reasons , and what motives have been given by you to perswade our affections , we leave the world to judge ; moreover , we must not forget to tell you , however a major part may blind you in matter of opinion , we hold our selfe ( and we are sure the laws and constitutions of the kingdom hath always held the same ) as free to dissent , till our reason be convinced for the general good , as if you delivered no opinion . when we summoned you first together , we did not intend to put the reins of all rule and reason into your hands , and by a kind of blind bruitish formality , and unprincely simpleness , to assent to every thing without examining our own conscience and judgement which yet never pleased us more , then when they concurr'd with yours , this were to bring us back to a nonage , now that we are come long since to the perfect growth of discretion ; you must not think to take from us the mastery and use of our innated reason , and the dictates of our own conscience , or that we will raise a tempest at home , within our brest , to calm a storm abroad ; in fine , we called you together , to propound , not to give law , to be our counsellors , not our controllers , for counsel degenerates from the nature of counsel w●en t is coercive . nor shall we ever enfeeble our regal power , or suffer it to be invaded so far as to give way , that any ordinance or omnipotency of votes , shall be able to suspend an act , already in force without our assent ; to conclude , as we firmly resolve to make the law the measure of our actions , so we expect it should be also the rule of your obedience and deliberations , and that the result of all your counsels be derived from it . polyander . this was home , and high , but what answer did the parliament make to the former letter from notingham ? philanglus . the noble personages who carried that letter were looked upon with an ill aspect by the parliament ; yet an answer was returned , containing this proposal , that the king wo●ld revoke and annul in the first place those proclamations , and o●her publique instruments whereby their adherents were declared traytors , u●der which notion 't was neither honourable for his ma●esty to t●eat with them , nor were they capable to treat with him . polyander . this doctrine i believe they had learnt of the scot ; but what did the king reply ? philanglus . he sent word that he was willing so to do , provided that the parliament would recal likewise their votes , orders , or ordinances passed against such whom they declared delinquents for adhering to the king according to the clear known law of the land , in the reign of hen. . which was , that n●ne should be molested or questioned for adhering unto , or assisting the royal person of the king . this the king desir'd by way of reciprocal correspondence , but it being denied , those overtures for a treaty came to nothing ; so the parliaments army begin to advance , and the kings did daily increase . thereupon the lords that were about the person of the king , whereof there were above threescore , made this publick manifesto . we do ingage our selves not to obey any orders or commands whatsoever , that are not warranted by the known laws of the land ; we ingage our selves and fortunes to defend your majesties person , crown , and dignity , with your just and legal prerogatives , against all persons and power whatsoever : we will defend the religion established by the law of the land , the lawfull liberties of the subjects of england , with the just priviledges of your majesty and the parliament : and we ingage our selves further , not to obey any rules , order or ordinance whatsoever concerning any militia , that hath not the royall assent . to this was subjoined another . we whose na●es are under written , in obedience to his majesties desire , and ou● of the duty we ow to his honour , and to truth , being here on the place , and witnesses of his majesties frequent and earnest declarations and professions of his abhorring all designs of making war upon the parliament ; and not finding any councels that might reasonably beget the belief of any such design ; we do promise before god , and testifie to all the world , that we are fully perswaded , his majesty hath no such intention , but that all his indeavours tend to the ●●rm , and constant settlement of the true religion , and the just priviledges of parliament , the lib●rty of the subject , with the laws , peace and prosperity of this kingdom . but all this would not serve the turn , for neither parliament nor people would give credit to any thing that drop'd from king or peers , specially the city of london , where the presbyterians played their parts notably , by inciting the people to a war for preventing the introduction of slavery and sup●rstition ; so , unusual voluntary collections were made both in town and country ; the seamstress brought in her silver thimble , the chamber-maid her bodkin , the cook his silver spoon , the vintner his bowl into the common treasury of war and they who contributed to so pious a work , were invited more then others in some churches to come to the holy communion in the very time of administration ; and observed it was that some sorts of females were freest in those contributions , as far as to part with their rings and earings , as if some golden calf were to be molten and set up to be idolized , which prov'd true for the covenant a little after was set up , which may be said to have been a kind of idol , as i shall make it appear hereafter . thus a fierce funestous civil war was a fomenting in the very bowels of england , which broke out into many storms and showers of blood : the fatal cloud wherein this storm lay long ingendring , though when it began to condense first it appeared but as big as a hand , yet by degrees it did spread to such a vast expansion , that it diffused it self through the whole region , and obscur'd that fair face of heaven which was used to shine upon this part of the hemisphere . the king fell to work then in good earnest , and made choice of the earl of linzey for general of the infantry , which choice was generally cried up of all ; prince rupert was made general of the horse , but that election did not find such an applause ; the first incounter that prince rupert had with his godfather the earl of essex was near worcester , where he defeated some of the flower of the parliaments horse ; the king having remov'd from nottingham to derby , and so to strafford , his forces increas'd all along ; but passing by chartly the earl of essex house , the souldiers hop'd to have had some plunder there , but a strict command was given by the kings own mouth that nothing should be touch'd , not as much as a buck , whereat their teeth 〈◊〉 water ▪ as they march'd through his park ; so he came to shrewsbury where the co● kept above a month , at which time , the army multip●i'd exceedingly , to neer upon ●o m● men , and the welchmen coming so thic● down the mountains , did much animate th●english . from shrewsbury the king took a reso●●tion to remove to oxford ▪ but after seve●● dai●s tiresome march , hee understood the parliaments army were within six mile of him , so he went out so far to find the● out , and fac'd them on a sunday mornin● from edg● hil ▪ as they lay in kinton field● where their colours were displayed : a sight of the royal army they discharge some peeces of ordnance in defiance so both parties prepared for battel , a●● the sun had declined above two hours the afternoon before the cannons a● kings infantry could get into the bottom being put there in a fighting posture , and having the wind favourable , the king gave command to let fly the cannons to begin battail ; thus a most furious engagement began , which lasted about three houres , till night parted them ; and some old french and german commanders who were there employed in the royal army , reported afterwards , they never saw such a manful fight in all their lives : prince rupert springing ore a low hedge lind thick with the enemies musqueteers , pursued their horse very far , and did notable execution upon them all the way , and had he not worried them so far , and deserted the infantry , or had not his german souldiers fallen a plundring too soon , matters might have gone better with the king . polyander . i heard it reported that this battail was fought just the same day twelve month that the rebellion and massacre began in ireland . it was so , being the . of october , a day fatal for blood ; now , though this battail of edg-hill may be said to be sudden , inexpected , and unpitched , yet for position of ground 't was fought in as indifferent and a fit place for a battail as possibly could be lighted upon , for the combatants had scope enough to fight , and the spectators , whereof there were multitudes upon the rising adjacent grounds , might behold all as plainly as a tragedy acted upon a stage , or cock fighting in a pit. the parliaments army had the advantage of the kings in point of infantry who were very good fire-locks , most of them having been trained up in london , and so left their wares to follow the wars . they had also the advantage of the king in point of arms , for scarce three parts of four were armed in his army : but for cavalry , the royalists had the greater advantage , for the flower of most of the english gentry was there , in so much that the life-guard of the kings was computed to above one hundred thousand pounds sterling of yearly revenue . about the evening of the day following , both parties retired from the field , the parliaments back towards northampton , the kings to their former road towards oxford , and in the way they took banbury , where there was a strong garison for the parliament , which sure , as the cavaliers gave out ▪ the earl of essex had preserved , had he been then master of the field . after this battail of edge-hill there happened diverse other traverses of war 'twixt king and parliament for about four years , in which revolution of time , there were more skirmiges and battails fought , then happened in those last thirty years wars of germany , or fourscore years wars 'twixt spain and holland . polyander . this shews that the english have still the same old innated valour , that they had when they made the gray goose wing fly through the heart of france , which made comines one of their greatest authors to confe●s , that no nation is more greedy of battail , and more impatient of delayes that way then the english , but how was it possible for the king to subsist so long considering the mighty advantages , the parliament had of him ? philanglus . there were mighty advantages indeed ; for they had all the tenable places , and towns of strength , both by land and sea . they had all the navy royal ; they had the tower of london with all the ammunition and arms of the crown ; they had the imposts and customs , poundage and tonnage , they had the exchequer at their devotion , with the revenues of king , queen , and prince ; they had the city of london , which may be called the great magazin of men and money , where there is a ready supply of all things that may feed , cloath , or make them gay and gallant , to put them in heart and resolution . polyander . then they had sea , city and scot on their side . but how came the scot to be so against the king , or to levy armes without his commission , considering the late great protestations and oaths they had made not to do it , by reviving the act of parliament to that effect ▪ which they said they did in recognition of those royal recent favours , and unparalleld mighty concessions and acts of grace , which he had done them by their own confessions ? philanglus . they were indeed mighty , or rather monstrous acts of grace that he had passed unto them , which did so trench upon the royal prerogative , and so de●ude him of all power that it mought have been said of him ever after , that he was king of scotland , no otherwise then he was king of france , titular only . polyander . how did the scots expresse their thankfulnesse to their king and country-man afterwards for such transcedant favours ? philanglus . they proved the greatest monsters of ingratitude of any upon earth specially the kirk-men whom he had obliged in an extraordinary manner ; for the king being informed of the mean condition of church-men in that kingdom , who by their holy function have a care of the noblest part of man , and being told what poor pittances or rather benevolences one●y they had ▪ and for those also how they depended upon the will and pleasure of the laic by a special commission to that purpose , he found a way not onely to augment but to ascertain those salaries of church ministers upon good firm rent ; whereby they might be free from that servile kind of clientele and dependency they had upon their secular patrons . polyander . questionlesse this was a mighty general advantage to the clergy of scotland , both in point of esteem and subsistence , but what returns did these royal favours receive ? philanglus . those foolish kirk men grew afterwards his greatest enemies by virulent seditious preachments and pasquils to corrupt and lessen the hearts of the subjects towards him nay , when he made himself a prisoner to the scots army at newark and newcastle those kirk-men did so little resent his hard condition , that they did preach up and down against his comming to scotland , &c. moreover , whereas , the common sort of freeholders who were bound to pay tithes to the impropriation or lords of the erection , as they stil'd themselves , were us'd to be much incommoded , and oftentimes damnified , because they could not take in their corn till the secular lord had fetched away his tithe , which he would sometimes delay of purpose , to shew his passion or power , whereby the whole crop for not taking the advantage of the weather , oft-times did suffer : the king for relief of the country husbandman , appointed certain commissioners to take this grievance into consideration , who after much pains taken in the businesse , found out a legal and indifferent way to purchase those tithes and bring the impropriator to take a pecuniary set valuable rent , which was also an advantage to him , in regard of the certainty of it . polyander . it was doubtlesse an advantage to both parties , but how did they carry themselves towards the king afterwards ? philanglus . just as the kirk-men did ; but you shall hear more , when the king , as i told you before , had in a full parliament confirm'd unto the scot all the priviledges of kirk and kingdom , when he had made an oblation to them of all the bishops lands , conferred many honours and offices , and done them many other obliging acts of grace , and all this gratis , the english parliaments using alwaies to answer their kings favours in this kind , with a supply of treasure , i say in having done all this gratis , he before his departure desired them to continue their allegiance , and live in peace , for they had not now the least grievance to complain of , and if any difference should fall out betwixt him , and his english subjects which he hoped god would avert , he desir'd them not to intermeddle , for whereas he might expect and demand aid of them if the case requir'd , yet he would not trouble the repose of that his native countrey : this they all did not onely promise to do , but they did solemnly oblige their souls thereunto by revival of the act i told you of before , at the publishing whereof one of their grandees fell on his knees , and lifting up both his arms , wish'd they might rot to his body before death , if ever he would heave them up hereafter , or draw sword against his gid king ; yet for all this they intruded themselves into the kings affairs , convok'd a parliament without his summons , sent commissioners to oxford , and thrust themselves to be vmpires : they made besides , a strict league with the english parliament , and at last rush'd into england again with an army in the dead of winter , which army they had levied not onely without , but expresly against the kings commission and countermands ; that wretch who had publickly vowed never to draw sword again without his majesties commission , &c. comming general of the said army : but for martial exploits the little credit that army got by storming newcastle was not countervailable to that which they lost before hereford , where the welchmen bang'd them to some purpose from before the town , and made their general after weeks siege to trusse up his pack and away , sending him a fat sow with a litter of piggs after her , and a blew bonnet upon her head for his breakfast . i must inform you farther , that the king being reduced to much extremity in oxford , by crosse successes and councils , he got away in a serving-mans disguise to the scots army neer newark as his last refuge , which plot was managed by the subtilety of the french agent then residing here : a man would have thought that nation would have deemed it an eternal honour to have their own king and country man to throw himselfe thus into their armes , and repose so singular a confidence in them upon such an exigent ; but they corresponded not with him as he expacted ; for though at first when the english parliament sollicited their dear brethren for a delivery of the kings person unto them , their note was then , that if any stranger prince had put himselfe so upon them , they could not with honour deliver him up , much less their own native king , yet they made a sacrifice of him afterwards for a summe of money ; whereupon bellieure the french embassador being convoyed by a troop of scots horse to such a stand , in lieu of larges to the said troopers he drew out half a crown piece , and asked them how many pence that was , they answered thirty pence , he replied , for so much did judas betray his master , and so hurld them the half crown . polyander . but afterwards the scots carried themselves bravely by sending a gay army under d. hamilton to assist the king . polyander . touching that presbyterian army , the bottom of its design is not known to this day , and i was told , that when the king heard of it , and that himilton was in the head of it , he should say ; then i expect but little good to be done for me . polyander . certainly the routing of that army , was a glorious exploit of the lord protector that now is , his forces not amounting to the third part of the scots . philanglus . it was certainly a very heroik achivement , as also was the battail of dunbar , where the scots had greater advantages far of him : which two exploits deserve to be engraven in large letters of gold in the temple of immortality , and transmitted to after ages ; for hereby he did more then roman emperours , or after them ▪ the saxon , danish , norman , and english kings could ever do , to conquer that craggy country , and make england scot-free ever hereafter . but before i have done with this unlucky nation ; i will give you a touch of those visible judgments which have fallen upon them so thick one upon the neck of another in few years more then fell upon the jews in forty ; first there happened the greatest plague in edenburgh , that ever was in that country , for in less then a twelve-month , the town was peopled with new faces , the pestilence having swept away almost all the old : there have been above witches arraigned and executed there within these few years : after the routing of d. hamilton , and the battail of dunbar , with that at worcest●r , many thousands of that nation have been bought and sold in quality of slaves to be banished , and sent over to forraign plantations , what numbers of them were starved , and buried before they were dead ; and what is now become of their hundred and ten kings , and their crown ? which i heard them brag , was more weighty , as having more gold in it then the english ? and for their government they are reduced to be as pure a subordinate providence , and subject to the will of the conqueror as ever country was . polyander . i must tell you also that they have lost much of their repute abroad ; but if i were worthy to be heard by the lord protector , i would make a motion that his highnesse would take in at least , all the land 'twixt barwick and edenburgh into the english pale , and impose a new name upon it for an eternal mark of conquest , and for enlargeing the skirts of england . but sir , it is time for you now under favour to return to london , and know what the paraliment doth . philanglus . there are all artifices used to make the king odious , and both the press and the pulpit joyn in the work ; new distinctions are coyned , that though he was gods ●nynted , yet he was mans appointed ; that he had the commanding but not the disposing power ; that he was set to rule , but not to over●rule us : that he was king by humane choice , not by divine charter ; that he was not king by the grace of god , but by the suffrage of the people ; that hee had no implicit trust or peculiar property in any thing , that populus ●st potior rege , that grex lege , lex rege potentior ; that the king is , singulis major , but universis minor . lastly , that he was but a creature , and production of the parliament● &c. moreover all artifices are used to raise money : the first way that the parliament used ( after a royal subsidy of l. ) was to poll us , then they went on to clip and shave us , and had they continued longer , they had fallen a fl●ying of us : they lighted on no lesse then twenty severall ways to get money above board , whatsoever they got below . polemoney , and the royal subsidy were the first two . . free loans and contributions upon the publick faith , which swelled to an incredible sum , . the irish adventures for sale of lands . the first and second time . . the general collection for relief of the distressed protestants in ireland , to which use the hollanders sent over in mony and corn , neer upon l. and the e●glish collections came to neer four times so much , so that in all , both collections amounted to above l. sterling , and yet not ten thousand pound , not the twentieth part was employed to the right use . . they grew so hungry for money , that they impos'd the weekly meal . . the city loan after the rate of five subsidies . . a particular assessement for bringing in our dear brethren , the scots . . the five and twentieth part . . the weekly assessment for the lord generals army . . the weekly assessement for sir tho. fairfax army . . the weekly assessement for the scots army . . the weekly assessement for the british army in ireland . . the weekly assessement for the lord of manchesters army . . the kings , queens , and princes revenues . . sequestrations and plunder by committee . . compositions with delinquents , and fines , which came to sums passed all understanding . that ●utch devil the excise . . fortification money . . bishops deans and chapters lands . to this may be added the ship sancta clara , valued in money and merchandize at ● l. sterling , which was detain'd at southampton for reparation of those damages that some english merchants had received by the spaniard , as it was declared in the house , but not a farthing thereof was imployed to that use , notwithstanding that many with expence of time and coin did solicit for the same ; and lastly , the houshold stuff of the king , queen , prince and others ; whereof some small proportion was allotted for payment of the arrears of the kings poor servants ; but they were to advance two in the pound be fore-hand before they could be admitted to any divident , and t is incredible what jugling there was used in that business , for some receaved nothing thereby but loss upon loss : nay they took away moneys given to repair churches , and in some places robb'd the very lazaretto . polyander . sure , these vast sums must amount to a huge mass of money , money enough to have pourchas'd half a dozen kingdoms instead of purging one . touching that du●ch devill you speak of , the excise , i remember sir dudley carleton when he was secretary of state did but name it in one parliament , and it was such a bugbear abominable word , that he was called to the barr , and hardly escap'd going to the tower , though he made use of it to no ill sense ; but was there no account given of these publik erogations and taxes ? philanglus . an account was often voted and promised , but never performed ; for then they should have discovered how much their own memberships had swallowed for their private interest of the publique tresure , by free gifts among themselves , and the perquisites of gainfull offices . polyander . but we heard beyond sea , that they had passed a solemne ordinance of 〈◊〉 o● self-abnegation , called the self-de●ying ordinance , whereby they made themselves incapable of offices , and other things of gain . philanglus . 't is true there was such an ordinance , and 't was thought it pass'd principally to remove essex from the generalship , whom they began to suspect , but nothing was afterward lesse observed . polyander . i heard you speak of money's borrow'd upon the publique faith , i pray how were those reimboursed ? philanglus . it was the first●time that publick faith did ever set up for herself , and she quickly grew to be a bankrupt ; and never was there such double dealing used by any publick assembly ; for when the lenders upon that publique faith came to demand their mony 's , they could not have them , unless they doubled the first sum , together with the interest they had received , and then they should have the valu in church or crown lands , but if they doubled not both interest and principall , they should not be capable to have any la●ds allowed for their mony 's ; divers to my knowledge have ruin'd themselves hereby , and though they clamor'd , and spoak high language at the parliaments dore , and were promised satisfaction , yet they could not get peny to this day . poliander . i heard this cry'd up abroad to be the arrand'st cheat that ever was done by a great counsel , and one of the foulest blemishes that england cold receave , by making her forefeit her faith in that manner . fides publica , fides punica . i heard likewise of divers interlopers , that for half a crown in the pound were used to buy the publique faith bills , as others drive on a trade to buy the soldiers debenters . but whereas we have spoke a little of that dutch devil the excise , we heard abroad of a scotch devil also , though of an other nature , that was risen up amongst you , which was the covenant ; i pray how was he conjur'd up ? philanglus . that covenant was conjur'd up by the presbyterian party , and , may be called a worse devill than the excise for the one tyranniz'd o're the purss , the other ore the conscience ; but what an unmanly and dishonorable thing was it for the english nation to bind their souls for conserving the religion of another foren people inferior to them ▪ for conserving the doctrine , disciplin , and government of that church which not one en●lish man in a thousand did understand , and yet every one must take the holy covenant by a blind implicit faith ? but now that we have fallen upon the covenant which may be said to be an engin ●org'd in hell for battry of the conscience , i will tell you of an odd passage that happend about that time ; there was one ma●ter heron a printer , who being sent for by the lady tilbury , she told him that now that there is a nationall covenant come forth , which every one must taste , she had a sermon in a fair manuscript of that great light of the church master brightman which treats of univers●l coven●n●s , how far they are agreeable to scripture , and consonant to the word of god , and it had bin preached before the house of commons thirty yeers before , therefore it would be now very seasonable to print and publish it ; the printer giving her ladyship many thanks , received the sermon , ( which she avouched upon her honour to be a true copy ) and undertook the business , so he went to him who was appointed by the synod to licence for the press pieces of that nature , to get an imprematur , but the syododcall man having kept the sermon above three dayes by him , the printer went for his sermon and found it formally licenc'd for the press , but most pittifully falsified , interlin●d and adulterated in many places ; for whereas the opinion of brightman throughout the whole sermon , was , that a n●tionall and generall covenant was agreeable to the word of god , provided , the k●ng did give his royall assent thereunto , without w●ich it w●s both detestabl● and d●mnable ; the holy synodicall man had expung'd the word king every where , and foisted in the room of it , sometimes the word parliament , sometimes the trustees of the common wealth ; the printer having perus'd the interlinations told him , that were he to get l. by printing that sermon , he would not be so arrand a knave as to wrong the dead so much , by making him speak what he never meant , nay things qu●te contrary to his meaning ; i saw the said sermon , and the manner how it was so basely sophisticated . polyander . there was another oath consisting all of negatives , called the oath of abjuration , which i also heard of , that came out about the same time , which extended to take away the liberty of the very thought , it did not only re●●h the outward man , but it ransack'd all the cells of his brain , with the intern ideas and cogitations of his mind . philanglus . truly , under favour , and correction , i humbly speak it , there is a kind of inhumanity , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in that oath ; for all laws are made , and all magistrates are instituted to restrain the outward man , and regulat his actions , as they refer to the public ; for it matters not what private crochets we have in our single selfs , so we be in comfort and tune with our companions ; the law considers us as we have reference one to another , and to the body politic , therefore it neither useth to limit our private spendings , nor ties us to any cours of diet or p●ysick , because our single fortunes , and health , though they mightily concern our selves , yet they are but of little importance to the publique ; and as every one enjoyes this liberty in relation to his body , and goods , so our souls ought to be allow'd a proportionable share of that freedom , so that it give no scandall to the publique . our thoughts , as long as we keep them within dores , cannot any way offend therefore the law hath provided no punishment for them ; the intention of murther is taken no notice of by the law , if the design of mischief stay at the imagination , and proceeds no further to any outward attempt , the law referrs that to the great tribunal of god who is the only kardiognostic , the sole searcher of the heart ; if a law were justifiable against erroneous thoughts in points of religion , with an oath of abjuration to make the suspected accuse himself , why ( as a gentleman doth rationally inferr ) should there not an oath be also provided against thoughts of treson , adul●ery and murther ? and so bring every one to swear whether he be guilty or no of such crimes . now , touching this presbyterian oath of abjuration , it is not contented with a modest , and simple deniall , that one believes there are no such and such things , but he must swear positively and point blank there are no such things at all ; now , though i am not of the same opinion with copernicus that the earth moves , and the sun stands still , yet i w●ld be loth to swear either the one or the other . polyander . i observe that this oath hath a double edg , for either it must wron● o●e's conscience , or ruine his fortunes ; besides he is condemn'd without either accuser or witness , the party himself must be both against himself , and what can be more repugnant to nature ? philanglus . it is not only opposit to the law of nature , but the common law of england doth so abhor that any shold accuse and condemn himself , that there were extraordinary provisions made against it by our progenitors , therefore if any had bin cited in the spirituall court to accuse himself pro salute animae , a prohibition lay at the common law to stop and supersede their proceedings : all which is humbly left to the consideration of the present government . polyander . i infer out of this , that if the presbyterian had established himself he had proved the ugliest tyrant that ever was on gods earth , if you relate to soul , body , or goods , in lieu of bishops , we should have had nine thousand and odd pop●s , who would have delivered us over t● satan ever and anon , and puzzeled us with their parochial , congregational , and national classes . but i cannot wonder enough that the house of commons shold so busy themselves so much , and undertake to frame , and impose new oaths , when by the law of the land they had● or ●ower as much as to administer an old oath to the meanest subject ; and touching that c●vena●t , what could be more opposit unto their former oath ? for therein they offered their souls to preserve that r●ligion which was established by the laws of ●ngland , and in the covenant they bind them●elves , to conserve that which was established by the laws of scotland , and to that purpose they may be said to offer to god for their security to sa●an ; moreover , those demogogs or popular dagons , though they were so forward to constrain all other of their fellow subjects to take and swallow up any oaths , yet two parts of three among themselves did not take them , as i have been often told . but sir , now that you have been pleased to inform me of their carriage in spirituall things , how did they comport themselves in civill matters , after they had monopolized unto themselves all power by the act of continuance ? phil●nglus . first i must tell you , that touching that monstrous act , the soundest lawyers of the kingdome were of opinion , that it was of no validity , that it was void in it self , in regard that what grants or concessions soever the king makes , the law presupposeth , they are alwayes made with these proviso's , sa●vo j●re regio , salvo jure coronae ; now it was impossible that any grant could possibly trench more upon the right of the king or crown , as that extravagant act of continuance , therefore it was n●l in its own nature at the first ; nay , as some affirmed , the very proposall of it was treson in a high degree . but having hooked the power thus into their hands , they strained it up to the highest pitch that could be ; they made themselves land-lords of al the three kingdoms , it was a common thing to take any man , house over his head , and make use of it for their service ; they meddled with every thing , so far , that scarce a church-warden or vestry-man could be made without them , they would have a hand in making common counsel men , and constables , with other petty officers . polyander . me thinks that was somewhat derogatory to the supremacy of their power , for great counsels should not descend to every petty object , but with their high authority they should enlarge their souls to consider of universals . philanglus . i could produce many instances how they undervalued themselves this way , but let this one suffice . it happened one day that a company of ramping wenches , who went under the name of mayds , or holy sisters , came with a remonstrance to shew their affections to the house , and they were headed by mrs. ann stagg ▪ who was to deliver the remonstrance ; hereupon a choise member was voted to go to mrs. ann staggs lodging , to thank her and the r●st of the maydens for their good affections to the parliament , &c. but to be more serious with you , touching civill matters , whereof you gave a touch before , there was nothing so common in those times as a ch●rg● without an accuser , a sentence w●thout a ju●ge ▪ and cond●mnation without hearing : how many were outed of their freeholds , liberty and livelihoods before any examination , much le●se conviction ? how many appeals were made from solemne tribunalls of justice to inferior committes ? how common a thing was it to make an order of theirs to control a●d suspend the very fundamental laws of the land ? polyander . but this was in the brunt of the war , which the king did necessitate them unto , as he acknowledged in the treaty at the isle of wight . philanglus . 't is true he did so , but he did it upon two weighty considerations , and as it had reference to two e●ds , first to smoothen things thereby , and pave the way to a happy peace : secondly , that it might conduce to the further security of the two houses of parliament with their adherents : besides he did it when the razor was as it were at his throat , when there was an army of above effect if horse and foot , that were in ●otion against him ; then , this acknowledgment was made , with these two proviso's and reservations ; first ▪ that it shold be of no vertu and validity at all till the whole treaty were totally consummated ; secondly , that he might when he pleased enlarge , and cleer the truth hereof with the reservedness of his meaning by publique declaration ; moreover , that grant or acknowledgment was but a preambular proposition it was not of the essence of the treaty it self ; now , as the philosophers and school-men tell us , there is no valid proof can be drawn out of proems , introductions , or corollaries in any science , but out of the positive assertions , and body of the text , which is only argument-proof , so in the constitutions & laws of england , as also in all civill accusations and charges , fore-running prefaces ( which commonly weak causes most want ) are not pleadable . and though they use to be first in place , like gentlemen ushers , yet are they last in dignity , and shold also be so in framings ; therefore there was too much hast used by the parliament to draw that hyp●thetic provisional concession to the form of an act , so suddenly before the treaty it self was fully concluded . polyander . but who was the first aggressor of that ugly war , the king or the parliament ? philanglus . i will not presume to determin that , only i will inform you , that the parliament took the first military gard ; they first interdicted trade : they countenanced all tumultuous riots , gave way to club-law , and they kept the king by force out of hull , issued commissions for horse , brought in foren force , and had a compleat army in motion , a good while before the royall standard was set up . polyander . i remember a witty motto that the last french cardinal caused to be engraven upon the brich of some new canons which were cast in the arsenall at paris , it was — katio ultima regum . viz. that the canon was the last reason of kings . but whether this motto may fit subjects , i will not now dispute . but sure the king was ill advised so to rush into a war , considering what infinite advantages the houses had of him , for as you say'd before , they had the sea , the scot , and the city on their side ; and the king had no confederate at all at home or abroad ; i am sure he had no friend abroad that one might say was a true friend unto him , unless it was the prince of ora●●e ▪ in regard he had disobliged all other princes : for you know , as soon as he came to the crown , he rushed into a war with the king of spain , and in lieu of making him his brother in ●aw●e made him his foe , which stuck still in his stomach ; as also th●● he had given so fair a reception to the ambassadors of don juan de braganza now king of portug●ll . a little after he broke with the fr●nch king , notwithstanding that he had his sister every night in his arms ; the holland●rs gave out that he had appeard more for the s●aniard than them , in that great fight with do● anton●o d'oqu●nd● ; and that he suffer'd his own ships and others to convey the king of spains mony to dunkerke . he was ingag'd to his onc●e the k. of de●mark in great old s●m● , whereof there was little care taken to give satisfaction ; the iri●h cryed out , they had bin oppressed ; the swed observed that he was more for the house of austria , than for gustavus adolphus ; and at home i have been told that the irish cryed out he had bin oppressed ; and the scot whom he had obliged most of any by such mountains of favours , with divers of his own creatures , and domestic bosome servants whom he had engaged most , started aside from him like a broken bow , so that all things did co-operat and conspir'd as it were to make him a hard-fated prince , and to usher in a revolution . philanglus . yet i heard that all princes were very sensible of his fall . polyander . t' is true , they did must resent it at first , yet they were affected rather with ●stonishment then sorrow ; and touching the roman catholique princes they did afterwards rejoyce at it , considering what a blemish the manner of his death brought upon the reformed religion ; but sir i pray be pleased to proceed . philanglus . the sophies , or gran signo'rs of the common-wealth , whereof we spoke before , scrued up their authority every day higher and higher , they declare , that an ornance of parliament without the royal assent is equivalent to an act ; they declare ; that not onely the consultative , ministerial , and directive power is in them , but also the judicatory , despotical , and legislative highest power is inherent in the walls of their two houses ; that their power is also arbitrary , vbiquitary and incontrolable ; that they are not subject to dissolution or time , being the eternal and irrevocable trustees of the commonwealth , with such rodomontado's ▪ which made one to think that a mid-summer moon had got betwixt them , and therefore thought this anagram a very fit one to be set upon the dore of the house , with the distic annexed , parliamentum , lar amentium . fronte rogas isto p. cur anagrammate non sit , in promptu causa est , principem abesse scias . polyander . they who have pryed into the true humour of a portuguez , have observ'd , that he useth to act more according to what hee thinks himself to be , then what he really is , it seems that these parliamenteers were possess'd and puffed up with the same humour ; but if the supream power were in an assembly , when that assembly is risen , i wonder what 's become of the power , sure it must rest in the air , or sticking to the walls of the chamber where they breath'd . now sir , touching long parliaments , i am of opinion , it is the greatest and generallest grievance that can be possibly to the english people , by reason that besides other irregularities , it stops the ordinary course of law , in regard of the priviledge they have , not to be subject to arrest with others to whom they give protection , now not one in four of that long parliament men , but ow'd money , and what use sir peter t ▪ and others made of that priviledge , to the detriment of a thousand poor creditors , is too well known : and were such men , think you , fit to keep the kingdomes purse in their pockets so long ? but having got the great seal , as well as the sword into their hands , what signal acts of justice did they do ? philanglus . 't is true they had got the seal and sword , which the law of england doth appropriate to the chiefest magistrate , the one should be girt onely to his side , and the other hang at his girdle ; and it was told them to their faces by the knowingest members in the house , that to cut a broad seale of england was the highest reason that possibly could be attempted , without the assent of the governor in chief . now sir touching any signal act of justice they ever did , i am to seek to this day ; but for horrid acts and passages of in justice , i think there could be produced a thousand clear , and yet crying examples ( which would make a greater volume then the book of martyrs . ) i mean acts that were done before the wars begun , and after it was ended , which takes away the specious colour of necessity wherewith they varnished all their excesses and actions . i will instance onely in two ( for this was intended for a short discourse , not for a story ) viz. the business of the lord craven , and sir john stawel : the first a personage who is a great ornament to this nation by his gallant comportments beyond the seas , the other one of the considerablest knights in the whole country . touching the lord craven , he went with consent of parliament to his charge in the low countries , not onely before the war , but before any discontentment happened at all 'twixt king and parliament , and being atten●ing his said military charge at breda when the king of scots came thither , and the queen of bohemia being also there , he could not avoid seeing them sometimes ; nor was there any order or act of parliament to prohibit any body from doing so ; but for intermedling with any affairs of state , or mixing with the scots council , he never did it ; at that time there happened to be in breda , many cashiered english officers , and among them one faulkner , who having a petition drawn , and written all with his own hand , the pourport whereof onely was , that the king would releeve their necessities ; they desired the intercession of my lord craven herein ▪ but he with a civil complement declined the business , for he was not fit to do them service , because , as he said , he was neither courtier nor servant to the king . hereupon faulkner being offended , both with king and craven , in a passion said ( as 't was proved ) this it is to follwo a thing called king , dam me , i 'le to england and do all the mischiefe i can ; being come to london he forg'd another petition , wherein there were scandalous words against the parliament , viz. that they were barbarous inhumane villains . then going with a confident of the parliaments who fed him with money to go on in his design , he made an affidavit upon oath , that the foremention'd officers at breda shewed this very petition to the lord craven , who read it , and delivered it to the king , ( both which was damnably false ) as soon as this deposition was reported to the house , they presently voted a confiscation of all the lord cravens estate ; he being then neer upon a thousand miles off in germany , and no soul appearing for him , nor could any on his behalfe procure a copy of faulkners deposition : craven having notice herof , he sent a most humble petition to the parliament , declaring his innocence , which petition was sent in the dutch ambassadours packet , who delivered it accordingly ; but it was denied to be read in the house , because there was none present , who could testifie they did see the lord craven subscribe it ; he sent afterwards another petition , but it was seven months before it could be read in the house ; in the mean time his estate had been sequestred , his woods cut down , and other spoils done ; his agents here to invalidate the affidavit of faulkner indited him of perjury , which was clearly proved in open court , and the original petition was produced , which was written by faulkner himselfe , wherein there was not one syllable that spoke of the parliament ; there was legal proofe also made that craven had nothing to do with that petition ; this inditement of perjury being found against faulkner by the grand jury , the parliament was informed therewith , yet neretheless a bill passed for sale of the lord cravens estate , and surveyors sent accordingly to the country ; faulkner being thus convicted of perjury , it was prov'd also in court what a nefarious atheistical , and most wicked fellow he was both in his words and actions , how he had nothing more common in his mouth , then dam me , blood and wounds , and buggering of his soul to hell : it was proved that at petersfield he drank a health to the divel , and that he should say our saviour was a bastard , and but a carpenters son , carrying a basket of tools after his father ; the parliament was acquainted with all this , and divers earnest and sedulous applications that possibly could be made , were used , but nothing would prevail . the lord craven finding the house so inexorable and obdurate , rather then so fair an estate should bee canconiz'd and squandred into so many hands , he proposed by way of humble petition , that the house would punish him by way of pecuniary mulct , and there were two able knights attending the door ready to undertake the payment thereof , which motion the lord general , now lord protect●r , did most nobly advance : yet all would not do , but the surveys of the estate being return'd , the bill of sale was compleated , and some of the members of the house stepp'd in with the first to buy the flour of his lands , to the value of l. per annum , as appears by the contracts made at drury house in their own names : that goodly house at causam near redding being in excellent repair , was bought by some , who for greedy lucre and gain utterly defac'd it , they pull'd down the wainscot , stair-cases , lead , iron , and all other materials about the house , which had cost above l. yet they gave the common-wealth , but little above l in monies for it , the price of debentets therein also included . polyander . truly sir , it was one of the hardest peeces of injustice i ever heard of , that such a princely estate ( for i heard by divers , that had the lord craven injoy'd it to this day , it would have amounted to above l. per annum ) a revenue that i know some soveraign princes come short of ; i say it was a sad thing , that by the single testimony of one man , and he such a perjur'd notorious villain as it was apparently proved , such an estate should be destroy'd . philanglus . a sad thing indeed , but besides those pregnant proofs which were produc'd and made good in open court , that abhominable wretch , being lately upon his death bed in the kings bench , confess'd all under his hand and what monstrous wrong he had done the lord craven . but i will proceed now to the other instance i promis'd you . the unlucky war 'twixt king and parliament being begun about the commission of array , the city of exceter was beleaguer'd by sir t. fairfax , which at last rendred her self upon article ; it chanc'd sir jo. s●awel was then in the town ; a full agreement being made , the capitulations sign'd and seal'd , and the place yeelded , sir john came to london in due time to reap the benefit of the articles which were solemnly confirm'd and ratified by both houses of parliament : now , two of those articles were that no oath , covena●t , protestation or subscription should be impos'd upon any person compriz'd within those articles , but onely such as should bind them from bearing arms for the future against the parliament . . that all persons compriz'd in those articles , having made such a subscription ▪ should be admitted to a moderate composition , which was not to exceed two yeers value of any mans real estate , &c. sir john stawel having subscrib'd accordingly , and brought a copy of his subscription , as also a fair certificate from sir tho. fairfax that he was compriz'd in exon articles , made his addresse to . goldsmiths hall , and producing the said certificate and subscription , he petition'd that hee might be admitted to compound according to article ; the commissioners answered , that hee was not capable of composition unlesse he would take the covenant , and negative oath , whereunto he modestly repl●'d , that there was no article for that , but rather è contrario ; whereupon hee was not onely barr'd of his composition , but he was sent prisoner to ely house ; afterwards by the sole order of the house of commons , he was committed to newgate for high treason , in levying war against the parliament , where he continued almost four yeers , in which time , he was several times i●dited of treason , and twice arraign'd at the k. bench bar for his life ; then was he remov'd from newgate to the tower and kept close prisoner , whence hee was several times convented before the high court of justice , which had been newly erected who after many daies trial would neither sentence him , nor acquit him , but onely certified their proceedings to the parliament . now sir , you must know , that presently upon the taking of exceter , his whole estate was sequestred , and continuing so above years , he being not allow'd a peny to put bread in his mouth , hee visibly lost above l. which he humbly prayed might satisfie for his composition , which would not have amounted to the sixth part so much according to article ; he was not onely denied that , but a nigrum theta a black bill was voted for selling away his whole estate : a little after , an act being passed , and commissioners appointed for the relief of prisoners upon articles in time of war , sir john made his addresses unto them , and after above ten moneths debate of the business , the whole court ( consisting of eight commissioners ) delivered their opinions cleerly , that sir john stawel was within the articles of exon , that he had not broken any of those articles ever since , but exactly observ'd and perform'd them , that consequently hee was not onely to have his person unmolested , and his whole estate restored him , but to have satisfaction for the great losses he had received while his estate lay under sequestration , &c. this clear and positive judgement being pronounced solemnly by the court of articles , and the demurres which the trustees appointed to sell forfeited estates , and the pourchasers of sir john staw●ls lands had made , being ov●r ruled , yet the parliament resumed the business , reversed , the sentence of that court they themselves had authorized , and voted that the pourchasers should quietly enjoy and occupy according to their several contracts , what they had bought of sir john stawels estate . p●lyander . good lord , what a world of hardships did that noble knight undergo , as to be so tossed from prison to prison , from bar to bar ▪ yet to be found guilty no where , but to be pronounced r●ctus i●curia , nevertheless , to have a sentence of civil death pronounced against him , viz the loss of so fair and noble an estate as any in the west of england , by the mischievous practice of a member of the house , who , as i heard professed most friendship unto him ! but was there no more care to observe articles of war which is held a sacred thing among pagans and infidels ? the t●rk and tartar , in this point will keep faith with the sword as well as with the cimiter , with the hat as well as with the turban or shash . philanglus . herein a difference may be said to have been 'twixt generals , for the presbyterian generals did not much care how their articles were broke or kept ; but his highness who is now lord protector , was very carefull for the observation of what articles he made , and clash'd about it more then once with the parliament . polyander . truely sir , you have related many horrid things , which might make the word parliament merit the same fate that befel tyrant , sophister , and others , which were good in their first institution , but afterwards came to be odious and reproachful , and will continue so to the worlds end . but 't is much that the parliament which should be the great physitian of the common wealth should become such a mountebank , that in lieu of making up the ruptures 'twixt king and people , and closing the leaks in the great vessell of the state ▪ they should cause more , that like banbury tinkers in lieu of stopping one hole they should make two . there is a saying , that infaeliciter agrotat c●● plus-mali venit à medico , quam à morbo ; that patient is in a sad case , who receives more hurt from the physitian then from the disease ; more mischief from the remedy then from the malady ; t is better for one to endure a little head-ach , then to have his pate broken . philanglus . there breaths not a soule inter quatuor maria , betwixt englands foure seas , who hath a more venerable opinion of parliaments then i , having had the honour to have been a good while a small part thereof ; they were used to be the bulwark of our liberties , the main banks and boundaries which kept us from slavery , from the inundation of arbitrary rule , and unbounded will-government ; this high superintendent court at its first constitution was used to be compared to the macrocosm the great world it self ; the soveraign magistrate was compared to the sun , the nobles to the fixed stars , the judges & other officers who went with messages 'twixt both houses , to the planets , the clergy to the element of fire , the commons to the solid mass of earth ; and as the heavenly bodies when three of them meet in conjunction , use to produce some admirable effects in the great world , so when the three states did use to convene and assemble in one solemn junta , some notable and extraordinary things were used to be brought forth tending to the wellfare of the whole kingdom . now , there were three essential properties that belonged to parliament , viz. fairness of election , fulness of members , and freedom of speech : 't is too well known how little of all three were found in the late long parliament , specially the last , to wit , liberty of speech . for none was permitted to speak , unless he spoke still to the sense of the house , to the sense of the house , which was a pure restraint ; what a deale of time was spent in bandying of answers in remonstrances , in replies , rejoynders , and descanting upon words ? so that the first . months were spent meerly in chopping logick with the king , and nothing at all done ; for fulness of members , they were purg'd at last very low , so that there was scarce the tenth part of what they should have been in number . the king offered to give them a little purge of five or six drams , but it was furiously cast away , because there was too much basilicon in it . then there was a purge of eleven drams given them , wherein there was some unguentum armarium that cures a far off , which made some of them to flie t' other side of the sea , where one member , as soon as he put foot on shore , fell sick of the plague , and so was buried no better then in the town ditch , because he had first infected the place ; at last they had a good sound purge , as big as a drench administred them , which purg'd away above a hundred members at once ; yet all this would not do , for some members were grown so corrupt and putrid , that nothing could cure the house but an utter dissolution , according to the old saying , — immedicabile vulnus ense recidendum — which great dissolution was made without one tear , or drop of bloud , as the portugal embassadour sent word to lisbon ; , for england had been long weary of her physicians , who had they continued longer , might have made her say as alexander the great did on his death bed , perii turba medicorum , i die of too many physicians . polyander . touching fullnesse of members i heard it censur'd by some criticks beyond the seas , for a solaecism in the english government , that they are so many , but specially that the burgesses should exceed the knights ; you know trop gran n●mbre est incombre , too great a number ushers in nothing but confusion encombrances , and noise , which oftentimes was so extreamly loud and obstreperous among them , that as i was told they were heard at lambeth , there could not be a greater among the o●ster women at billings-gate . now sir , there may be tyranny in one , in a few , and in many ; in one , as in the great turk ( and indeed all the eastern emperors ) who with his breath alone , without any legal processe , can take any ones life away , and is sole propriator of the whole country , insomuch that the best man in turky cannot leave one foot of land as an inheritance to his son , but it reverts to the grand signior . secondly , there may be tyranny in few , as in the thirty men of athens , or in some privy councel of state . lastly , there may be tyranny in many , as in some general great convention or popular assembly , and this is the worst of all , it being a rule , that plebs est pessimus tyrannus . philanglus . the late long parliament degenerated to such a one , whereof thousands of instances might be produc'd ; let this one serve at present ; the army had occasion to make their address to the house , upon a business of a just and general concernment ; but the grandees of the house answer'd , that if they should read those demands , they might chance to find them of that nature , as they could not with justice deny them , nor with honour grant them , &c. but herein they shew'd themselves but poor politicians ; for you know it is a true rule . ar●●a renenti , omnia dat qui usta negat . and was it not time then for the army to think of dismissing their memberships ? but the truth is , that if you go to the right rule of parliament , they had dissolv'd themselves i cannot tell how often before ; for besides that the original writ from whence they deriv'd their power was void by the kings death , how often did they rise up in confusion , without adjourning the house ? how oft did they sit without a speaker , he being fled to the army ? how many hundred ways did they break their own priviledges ? what things did they do which they voted shoùld not serve for presidents hereafter ? as strafford's death , and sitting on sunday , &c. how many bills were resum'd , being twice ▪ ejected out of the house of peers ? as those against bishops , and touching the militia , &c. yet were they taken into debate again the same session , which is point blank against the very fundadamentals of parliament : how many thousand petitions ( some whereof were recommended by the lords ) lay mouldring in corners , and were never so much as read in the house ? and was it not high time think you to quell this monster ? or rather , to pull down this idol ? truly this great prudential act of shutting up that house , and the barring up of that cold postern door in the north , may well take place among those many mighty things his highness hath done . polyander . they are mighty things indeed , and they are marvellous in our eyes ; nor do these isles only , but every corner of the habitable earth ring thereof : nay the sea swells high with the breath of them . england may be said to be heretofore like an animal that knew not her own strength ; she is now better acquainted with her self ; for in point of power and treasure , she did never appear so high both at home and abroad , as you said before : this makes france to cringe unto her so much ; this makes spain to offer her peace with indian patacons upon any terms : this makes the hollander to dash his colours , and vail his bonnet so low unto her ; this makes the italian princes , and all other states that have any thing to do with the sea , to court her so much ; though the emperor and the mediterranean princes of germany , whom she cannot reach from her gun-rooms care not much for her . now sir among those many heroick and difficult exploits of divers kinds which his highness hath performed there is one act ( humbly under favour ) may well become the greatness of his spirit ; it is , to reach a timely hand for preserving the stutely temple of pauls from tumbling down , and from being buried in her own rubbish ; a temple which hath above a thousand yeers tugg'd with the fury of the elements , and the iron teeth of time ; the goodliest pile of stones in the world , take all dimensions together . 't is also the greatest and most visible ornament of this renowned city , who would look bald , and as it were crest-fall'n without her ; a temple that hath this singularity above all others , as to be founded upon faith , having a spacious church of that name underneath to serve and support her . i remember it was observ'd how in that disastrous expedition to the isle of rhe , the great stones which were design'd to repair pauls , were carried away to make ballast for ships ▪ and for other warlike uses in that service , which made some judicious critiques of those times ●o foretel the unlucky and inglorious return we made thence . some giddy heady puritan in reading this , will presently shoot his bolt , and cry out , that i have a pope in my belly , but you know my intellectuals better . philanglus . i know well sir , your principles are otherwise ; but i concur with you in opinion , that it would be a very glorious thing to atchieve such a work , and one moneths tax or two would do it ; or if his highness would give way ▪ that a general contribution might be made to that purpose ; other vast sums are daylie spent , but little or nothing appears of them afterwards in point of effect ; those monies that would be employ'd in this , will leave somthing behind them , viz. a glorious visible monument to all posterity , which will make after ages to bless these times . polyander . such a monume●t would suit well with the grandeur of his highness , whom all nations cry up for the hero of the times , and a special instrument design'd for great actions , he would gain the applause of millions of souls hereby , both at home and abroad where i have heard divers , who are far from thinking any inherent holiness to odge in stones or inanimate things , i say , i have heard divers of the reformed churches sadly complain , that pauls in the case it is , is the ruthfull'st spectacle upon earth ; but now sir , i take leave to give you serious thanks for the elaborate relation you have been pleas'd to make me of the proceedings of that long parliament , which in lieu of redressing grievances , became it self at last the greatest grievance . as also of the practise and modesty of parliaments in former times , who declin'd high affairs of state , specially forraign , much more to arrogate to themselves the supreme power ; for soveraignty may be said to be an indivisible way , deriv'd and d●r●ed from the divine majesty it self , it cannot be divided among a multitude ; we never read that the people were call'd gods , or the lord's anointed , or nursing f●thers , nor do ●e read of any aristocracies or democraci●s at all in the holy scriptures . therefore i ascribe to his judgment ▪ who holds , that the firmest and most c●mp●ndious way of government is , when the supremacy resides in one per●on , whom the people ought to trust by an indispensable necessity for their own advantage , in steering the great vessel of the common-wealth , with the advice of a select council : and herein a state may be compar'd to a gally , wherein some are to observe the compass , others to furl the s●yls , others to handle the ropes , others to rug at the oar , others to be ready ●n arms , but there is but one pilot to sit at the helm . it is requisite also that this single person should be attended with a visible standing veteran army , to be pay'd well , and punish'd well if there be cause , to awe as well as to secure the people , it being the greatest soloecism that can be in government , to depend meerly upon the affections of the people , for there is not such a wavering windy thing , not such an humoursome and cross-grain'd animal in the world as the common people ; and what authors soever , either greek or latine , have pretended to policie , affirm so much . there be divers modern writers that busie their brains to prescribe rules of government , but they involve the reader in vniversals , or rather bring him to a labyrinth of distinctions , whereby they make the art of mast●ring man to be more difficult , and distracted then it is in it self . philanglus . sir , touching the account you speak of , that i have endeavour'd to render of the traverses that happen'd for matter of fact ▪ during the reign of the long parliament , i have given you but cursory short touches ; there would be subject enough for so many tomes as would make a library , if one should relate all ; but for inferences and conclusions in point of judgement which may be drawn out of what hath been said already , i leave that to be done in the close of every ones private conscience . gloria honorque deo saeclorvm in saecvla svnto . a chronogram of the present yeer , and that will last till . an advertisement . let the discerning reader be pleas'd to know , that whereas in the fore-going con●er●nce : there are some free touches at divers things happen'd in the late long parliam●nt . what is ●poken that way , is spoken with this restrictive rule of the logician : non de singulis generum , sed d● generibus singulorum : it is well known , there sate there as prudential and well temper'd men , as england affords , whose chiefest aym was the common good . the former discourse is far from meaning such noble patriots , but only those , who having tasted the sweetness of authority , thought to immortalize that session , and make themselves perpetual dictators . finis . his majesties declaration defended in a letter to a friend being an answer to a seditious pamphlet, called a letter from a person of quality to his friend : concerning the kings late declaration touching the reasons which moved him to dissolve the two last parliaments at westminster and oxford. dryden, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties declaration defended in a letter to a friend being an answer to a seditious pamphlet, called a letter from a person of quality to his friend : concerning the kings late declaration touching the reasons which moved him to dissolve the two last parliaments at westminster and oxford. dryden, john, - . p. printed for t. davies, london : . assigned to dryden on the authority of halkett and stonehill. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : charles ii). -- his majesties declaration to all his loving subjects. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties declaration defended : in a letter to a friend . being an answer to a seditious pamphlet , called a letter from a person of quality to his friend : concerning the kings late declaration touching the reasons which moved him to dissolve the two last parliaments at westminster and oxford . london : printed for t. davies , . the kings declaration defended . sir , since you are pleas'd to require my opinion of the kings declaration , and the answer to it , which you write me word was sent you lately , i shall obey you the more willingly , because i know you are a lover of the peace and quietness of your country ; which the author of this seditious pamphlet , is endeavouring to disturb . be pleas'd to understand then , that before the declaration was yet published , and while it was only the common news , that such an one there was intended , to justifie the dissolution of the two last parliaments ; it was generally agreed by the heads of the discontented party , that this declaration must be answer'd , and that with all the ingredients of malice which the ablest amongst them could squeeze into it . accordingly , upon the first appearance of it in print , five several pens of their cabal were set to work ; and the product of each having been examin'd , a certain person of quality appears to have carried the majority of votes , and to be chosen like a new matthias , to succeed in the place of their deceas'd iudas . he seems to be a man cut out to carry on vigorously the designs of the phanatique party , which are manifestly in this paper , to hinder the king , from making any good impression on his subjects , by giving them all possible satisfaction . and the reason of this undertaking is manifest , for if once the goodness and equity of the prince comes to be truly understood by the people , the authority of the faction is extinguish'd ; and the well meaning crowd who are misled , will no longer gape after the specious names of religion and liberty ; much like the folly of the iews , expecting a messiah still to come , whose history has been written sixteen hundred years ago . thus much in general : i will now consider the cavils of my author against the declaration . he tells us , in the first place , that the declaration seems to him as afore-runner of another parliament to be speedily call'd : and indeed to any man in his right sences , it can seem no other ; for 't is the business of its three last paragraphs to inform the people , that no irregularities in parliament can make the king out of love with them : but that he looks upon them as the best means for healing the distempers of the publick , and for preservation of the monarchy . now if this seems clearly to be the kings intention , i would ask what need there was of the late petition from the city , for another parliament ; unless they had rather seem to extort it from his majesty , than to have it pass for his own gracious action ? the truth is , there were many of the loyal party absent at that common council : and the whole strength of the other faction was united ; for it is the common failing of honest men to trust too much in the goodness of their cause ; and to manage it too negligently . but there is a necessity incumbent on such as oppose the establish'd government , to make up with diligence , what they want in the justice of their undertaking . this was the true and only reason why the majority of votes was for the petition : but if the business had not been carried by this surprise , my lord mayor might have only been troubled to have carried the addresses of southwark , &c. of another nature : without his offering them with one hand , and the city petition with the other ; like the childrens play of , this mill grinds pepper and spice ; that mill grinds ratts and mice . in the next place he informs us , that it has been long the practice of the popish and arbitrary party , that the king should call , frequent , short , and useless parliaments , till the gentry grown weary of the great expences of elections , should sit at home , and trouble themselves no more but leave the people expos'd to the practices of them , and of their party ; who if they carry one house of commons for their turn , will make us slaves and papists by a law. popish and arbitrary , are words that sound high amongst the multitude ; and all men are branded by those names , who are not for setting up fanaticism and a common-wealth . to call short and useless parliaments , can be no intention of the government ; because from such means the great end of settlement cannot be expected . but no physitian can command his physick to perform the effects for which he has prescrib'd it : yet if it fail the first or second time , he will not in prudence lay aside his art , and despair of his patient : but reiterate his medicines till he effect the cure . for , the king , as he declares himself , is not willing to have too hard an opinion of the representatives of the commons , but hopes that time may open their eyes , and that their next meeting may perfect the settlement of church and state. with what impudence can our author say , that an house of commons can possibly be so pack'd , as to make us slaves and papists by a law ? for my part i should as soon suspect they would make themselves arbitrary , which god forbid that any englishman in his right sences should believe . but this supposition of our author , is to lay a most scandalous imputation upon the gentry of england ; besides , what it tacitly insinuates , that the house of peers and his majesty , ( without whom it could not pass into a law , ) would suffer it . yet without such artifices , as i said before , the fanatique cause could not possibly subsist : fear of popery and arbitrary power must be kept up ; or the st. georges of their side , would have no dragon to encounter ; yet they will never persuade a reasonable man , that a king , who in his younger years , when he had all the temptations of power to pursue such a design , yet attempted it not should now , in the maturity of his judgment , and when he sees the manifest aversion of his subjects to admit of such a change , undertake a work of so much difficulty , destructive to the monarchy , and ruinous to himself , if it succeeded not ; and if it succeeded , not capable of making him so truly great as he is by law already . if we add to this , his majesties natural love to peace and quiet , which increases in every man with his years , this ridiculous supposition will vanish of it self ; which is sufficiently exploded by daily experiments to the contrary . for let the reign of any of our kings be impartially examin'd , and there will be found in none of them so many examples of moderation , and keeping close to the government by law , as in his . and instead of swelling the regal power to a greater height , we shall here find many gracious priviledges accorded to the subjects , without any one advancement of prerogative . the next thing material in the letter , is the questioning the legality of the declaration ; which the author sayes by the new style of his majesty in council , is order'd to be read in all churches and chappels throughout england , and which no doubt the blind obedience of our clergy , will see carefully perform'd ; yet if it be true , that there is no seal , nor order of council , but only the clerks hand to it , they may be call'd in question as publishers of false news , and invectives against a third estate of the kingdom . since he writes this only upon a supposition , it will be time enough to answer it , when the supposition is made manifest in all its parts : in the mean time , let him give me leave to suppose too , that in case it be true that there be no seal , yet since it is no proclamation , but only a bare declaration of his majesty , to inform and satisfie his subjects , of the reasons which induc'd him to dissolve the two last parliaments , a seal in this case , is not of absolute necessity : for the king speaks not here as commanding any thing , but the printing , publishing and reading . and 't is not denyed the meanest englishman , to vindicate himself in print , when he has any aspersion cast upon him . this is manifestly the case , that the enemies of the government , had endeavour'd to insinuate into the people such principles , as this answerer now publishes : and therefore his majesty , who is always tender to preserve the affections of his subjects , desir'd to lay before them the necessary reasons , which induc'd him to so unpleasant a thing , as the parting with two successive parliaments . and if the clergy obey him in so just a design , is this to be nam'd a blind obedience ! but i wonder why our author is so eager for the calling them to account as accessaries to an invective against a third estate of the kingdom , while he himself is guilty in almost every sentence of his discourse of aspersing the king , even in his own person , with all the virulency and gall imaginable . it appears plainly that an house of commons , is that leviathan which he adores : that is his sovereign in effect , and a third estate is not only greater than the other two , but than him who is presiding over the three . but , though our author cannot get his own seditious pamphlet to be read in churches and in chappels , i dare secure you , he introduces it into conventicles , and coffee-houses of his faction : besides , his sending it in post letters , to infect the populace of every county . 't is enough , that this declaration is evidently the kings , and the only true exception , which our answerer has to it , is that he would deny his majesty the power of clearing his intentions to the people : and finds himself aggriev'd , that his king should satisfie them in spight of himself and of his party . the next paragraph is wholly spent , in giving us to understand , that a king , of england is no other thing than a duke of venice ; take the parallell all along : and you will find it true by only changing of the names . a duke of venice can do no wrong ; in senate he can make no ill laws ; in council no ill orders , in the treasury can dispose of no money , but wisely , and for the interest of the government , and according to such proportions as are every way requisite : if otherwise all officers are answerable , &c. which is in effect , to say he can neither do wrong nor right , nor indeed any thing , quatenus a king. this puts me in mind of sancho panca in his government of the island of barataria ▪ when he was dispos'd to eat or drink , his physitian stood up for the people , and snatch'd the dish from him in their right , because he was a publick person , and therefore the nation must be judges to a dram and scruple what was necessary for the sustenance of the head of the body politique . oh , but there is a wicked thing call'd the militia in their way , and they shew'd they had a moneths mind to it , at the first breaking out of the popish plot. if they could once persuade his majesty , to part graciously with that trifle , and with his power of making war and peace ; and farther , to resign all offices of trust , to be dispos'd by their nomination , their argument would be an hundred times more clear : for then it would be evident to all the world , that he could do nothing . but if they can work him to part with none of these , then they must content themselves to carry on their new design beyond seas : either of ingaging the french king to fall upon flanders , or encouraging the states general to lay aside , or privately to cut off the prince of orange , or getting a war declared against england and france conjoyntly : for by that means , either the king can be but a weak enemy , and as they will manage matters , he shall be kept so bare of money , that twelve holland ships shall block up the river , or he shall be forc'd to cast himself upon a house of commons , and to take money upon their terms , which will sure be as easie , as those of an usurer to an heir in want . these are part of the projects now afoot : and how loyal and conscionable they are , let all indifferent persons judge . in the close of this paragraph , he falls upon the king for appealing to the people against their own representatives . but i would ask him in the first place , if an appeal be to be made , to whom can the king appeal , but to his people ? and if he must justifie his own proceedings to their whole body , how can he do it but by blaming their representatives ? i believe every honest man is sorry , that any such divisions have been betwixt the king and his house of commons . but since there have been , how could the king complain more modestly , or in terms more expressing grief , than indignation ? or what way is left him to obviate the causes of such complaints for the future , but this gentle admonishment for what is past ? 't is easily agreed , he says , ( and here i joyn issue with him ) that there were never more occasions for a parliament , than were at the opening of the last , which was held at westminster . but where he maliciously adds , never were our liberties and properties more in danger , nor the protestant religion more expos'd to an utter extirpation both at home and abroad , he shuffles together truth and falshood : for from the greatness of france , the danger of the protestant religion is evident ; but that our liberty , religion , and property were in danger from the government , let him produce the instances of it , that they may be answer'd ; what dangers there were and are from the antimonarchical party , is not my present business to enquire . as for the growing terrour of the french monarchy , the greater it is , the more need of a supply to provide against it . the ministers tell us in the declaration , that they asked of that parliament the supporting the alliances they had made for the preservation of the general peace in christendom , and had desir'd their advice and assistance for the preservation of tangier : had recommended to them , the farther examination of the plot ; and that his majesty had offer'd to concurr in any remedies for the security of the protestant religion , which might consist with the preserving the succession of the crown , in its due and legal course of descent , but to all this they met with most unsuitable returns . now mark what the gentleman infers , that the ministers well knew , that their demands of money for the ends abovesaid , were not to be complyed with , till his majesty were pleas'd to change the hands and councils by which his affairs were managed . — that is , nothing must be given but to such men in whom they could confide , as if neither the king , nor those whom he employed were fit any longer to be trusted . but the supream power , and the management of all things , must be wholly in their party , as it was in watt tyler , and iack cade of famous memory , when they had got a king into their possession : for this party , will never think his majesty their own , till they have him as safe , as they had his father . but if they could compass their designs , of bringing the same gentlemen into play once more , who some years since were at the helm ; let me ask them , when the affairs of the nation were worse manag'd ? who gave the rise to the present greatness of the french ? or who counsel'd the dissolution of the tripple league ? 't is a miracle to me that the people should think them good patriots , only because they are out of humour with the court , and in disgrace . i suppose they are far other principles , than those of anger and revenge , which constitute an honest statesman . but let men be what they will before , if they once espouse their party , let them be touch'd with that philosophers stone , and they are turn'd into gold immediately . nay , that will do more for them , than was ever pretended to by chymistry ; for it will raise up the shape of a worthy patriot , from the ashes of a knave . 't is a pretty juggle to tell the king they assist him with money , when indeed they design only to give it to themselves ; that is , to their own instruments , which is no more , than to shift it from one hand into another . it will be a favour at the long run , if they condescend to acquaint the king , how they intend to lay out his treasure . but our author very roundly tells his majesty , that at present they will give him no supplyes , because they would be employ'd , to the destruction of his person , and of the protestant religion , and the inslaving the whole nation , to which i will only add , that of all these matters next and immediately under god , he and his party , constitute themselves the supream judges , the duke of york , the queen . and the two french dutchesses are the great support and protectors of the popish interest in these kingdoms . how comes it to pass that our author shuffles the two french dutchesses together ? of which the one is an italian , the other a french woman , and an english dutchess ? is he grown so purblind , that he cannot distinguish friends from foes ? has he so soon forgotten the memory of past benefits , that he will not consider one of them as her , to whom all their applications were so lately made ? is she so quickly become an old acquaintance , that none of the politick assignations at her lodgings are remembred ? after this , who will trust the gratitude of a common-wealth ? or who will blame the conduct of a silly court , for being over-reach'd by the whole french council , when the able part of the nation , the designing heads , the gray wisdom , and the beaux garcons ▪ are all foil'd by a single french woman , at their own weapon , dissimulation ? for the other french dutchess , since i perceive our author is unacquainted with her character , i will give it him ; she is one who loves her ease to that degree , that no advantages of fortune can bribe her into business . let her but have wherewithall to make merry adays , and to play at cards anights , and i dare answer for her , that she will take as little care to disturb their business , as she takes in the management of her own . but if you will say that she only affects idleness , and is a grand intriguer in her heart , i will only answer , that i should shew you just such another as i have describ'd her grace , amongst the heads of your own party : indeed i do not say it is a woman , but 't is one who loves a woman . as for the dutchess of m. either she is a very sincere lover of downright idleness , or she has cousen'd all parts of christendom , where she has wandred for these last ten years . i hope our solid author will pardon me this digression ; but now we have had our dance , let us to our serious business . while these , and their creatures are at the helm , what can we expect for the security of the protestant religion , or what opposition to the ambitious designs of france ? i suppose more reasonably on the other side , that no such persons are at the helm , and that what he has assum'd is but precarious . but i retort upon him , that if some of his party were the ministers , the protestant religion would receive but very cold assistance from them , who have none at all themselves . and for the growth of the french monarchy , i have already told you , to whose counsels we are beholden for it . he goes on ; you will tell me that the supplyes so given may be appropriated , to these particular ends of supporting our alliances , and the relief of tangier : and it may be so limited by act of parliament , that it cannot be diverted to other uses . but he answers that objection by a story of monsieur de sully's telling of h. th of france : let the states raise the money , and tye it as they please ; when they are dissolved , you may dispose of it as you please . all this is to confirm his first unalterable principle , that the king must be sure to finger nothing ; but be us'd as fishers do their cormorant , have his mouth left open , to swallow the prey for them , but his throat gagg'd that nothing may go down . let them bring this to pass , and afterwards they will not need to take away his prerogative of making war : he must do that at his own peril , and be sent to fight his enemies with his hands bound behind him . but what if he thinks not their party fit to be intrusted , least they should employ it against his person ? why then , as he told you they will give him nothing . now whose will be the fault in common reason , if the allyances be not supported , and tangier not relieved ? if they will give him nothing , before they bring him to a necessity of taking it upon their terms , asmuch as in them lyes they dissolve the government : and the interest of the nation abroad must be left in the suds , till they have destroy'd the monarchy at home . but since god , and the laws have put the disposing of the treasury into his majesties hands , it may satisfie any reasonable englishman , that the same laws have provided for the mispending of the treasury , by calling the publick officers into question for it before the parliament . for god be thanked we have a house of commons , who will be sure , never to forgoe the least tittle of their priviledges , and not be so meal-mouth'd as the states of france , of whom neither monsieur sully , nor any of his successors , have never had any cause of apprehension . but since the wisdom of our ancestors have thought this provision sufficient for our security , what has his present majesty deserv'd from his subjects , that he should be made a minor at no less than fifty years of age ? or that his house of commons should fetter him beyond any of his predecessors ? where the interest goes , you will say , there goes the power . but the most ingenious of your authors , i mean plato redivivus , broaches no such principle as that you should force this prerogative from the king , by undue courses . the best use which can be made of all , is rather to support the monarchy , than to have it fall upon your heads . if indeed there were any reasonable fear of an arbitrary government , the adverse party had somewhat to alledge in their defence of not supplying it ; but it is not only evident , that the kings temper is wholly averse from any such design , but also demonstrable , that if all his council , were such as this man most falsely suggests them to be , yet the notion of an absolute power in the prince is wholly impracticable , not only in this age , but for ought any wise man can foresee , at any time hereafter . 't is plain , that the king has reduc'd himself already to live more like a private gentleman than a prince ; and since he can content himself in that condition , 't is as plain , that the supplies which he demands are only for the service of the publick , and not for his own maintenance , monsieur de sully might give what council he thought convenient for henry the fourth , who was then designing that arbitrary power , which his successors have since compass'd , to the ruine of the subjects liberty in france ; but i appeal to the consciences of those men , who are most averse to the present government , if they think our king would put his peace and quiet at this time of day , upon so desperate an issue . what the necessities , which they are driving him into , may make him part with on the other hand , i know not . but how can they answer it to our posterity , that for private picques , self interest , and causeless jealousies , they would destroy the foundation of so excellent a government , which is the admiration and envy of all europe ? the rest of my authors paragraph , is only laying more load upon the ministers , and telling us , that if a sum of money sufficient for those ends were given , while they were managers of affairs , it would be only to set them free from any apprehensions of account to any future parliament . but this argument having only the imaginary fear of an arbitrary power for its foundation , is already answer'd , he adds in the close of it , that the prince has a cheap bargain , who gives paper-laws in exchange of money and power . bargains , he tells us , there have always been , and always will be , betwixt prince and people , because it is in the constitution of our government , and the chief dependance of our kings is in the love and liberality of their people . our present king , i acknowledge has often found it so ; though no thanks i suppose to this gentleman and his party . but though he cry down paper and parchment at this rate , they are the best evidence he can have for his estate , and his friends the lawyers will advise him to speak with less contempt of those commodities . if laws avail the subject nothing , our ancestors have made many a bad bargain for us . yet i can instance to him one paper , namely , that of the habeas corpus bill ; for which the house of commons would have been content to have given a million of good english money , and which they had gratis from his majesty . 't is true , they boast they got it by a trick ; but if the clerk of the parliament had been bidden to forget it , their trick of telling noses might have fail'd them . therefore let us do right on all sides : the nation is oblig'd both to the house of commons for asking it , and more especially to his majesty , for granting it so freely . but what can we think of his next axiome , that it was never known that laws signified any thing to a people , who had not the sole guard of their own prince , government and laws ? here all our fore-fathers are arraign'd at once for trusting the executive power of the laws in their princes hands . and yet you see the government has made a shift to shufflle on for so many hundred years together , under this miserable oppression ; and no man so wise in so many ages to find out , that magna charta was to no purpose , while there was a king. i confess in countreys , where the monarck governs absolutely , and the law is either his will , or depending on it , this noble maxim might take place ; but since we are neither turks , russians , nor frenchmen , to affirm that in our countrey , in a monarchy of so temperate and wholsom a constitution , laws are of no validity , because they are not in the disposition of the people , plainly infers that no government but that of a common-wealth can preserve our liberties and priviledges : for though the title of a prince be allow'd to continue , yet if the people must have the sole guard and government of him and of the laws , 't is but facing an whole hand of trumps , with an insignificant king of another sute . and which is worst of all , if this be true , there can be no rebellion , for then the people is the supream power . and if the representatives of the commons shall jarr with the other two estates , and with the king it it would be no rebellion to adhere to them in that war : to which i know that every republican who reads this , must of necessity answer , no more it would not . then farewell the good act of parliament , which makes it treason to levy arms agaist the present king , upon any pretences whatsoever . for if this be a right of nature , and consequently never to be resign'd , there never has been , nor ever can be any pact betwixt king and people , and mr. hobbs would tell us , that we are still in a state of war. the next thing our author would establish , is , that there is nothing in nature or in story so ridiculous , as the management of the ministers , in the examination of the popish plot. which being prov'd by coleman's and others letters , and by both houses by declaring the king's life to be in danger , &c. yet they have persuaded the king to believe nothing of this danger ; but to apprehend the plot to be extreamly improv'd , if not wholly contriv'd by the presbyterians . and to think it more his concernment to have an end of all ; then to have it search'd to the bottom : and that this was the true reason , why four parliaments , during the examination of the plot have been dissolv'd : reasonable people will conclude , that his majesty and his ministers have proceeded , not ridiculously , but with all that caution which became them . for in the first heat and vehemence of the plot , the avenues of white-hall were more strictly guarded : his majesty abstaining from places of publick entertainment , and the ministers taking all necessary care in council , both to discover conspiracies and to prevent them . so , that simply considered , the popish plot has nothing to do with the dissolution of four parliaments . but the use which has been made of it by the house of commons to dis-inherit the duke , to deny the king supplies , and to make some votes , which the king declares to be illegal , are the real and plain occasions of dissolving those parliaments . 't is only affirm'd , but never will be prov'd by this author , that the king or his ministers have ever been desirous to stifle the plot , and not to have it search'd into the bottom . for to what end has his majesty so often offer'd the popish lords to be brought to their trial , but that their innocence or guilt , and consequently , that of the whole party might be made manifest ? or why , after the execution of the lord stafford , did the house of commons stop at the other lords , and not proceed to try them in their turns ? did his majesty stifle the plot when he offered them , or did they refuse to sound the depth of it , when they would not touch upon them ? if it were for want of witnesses , which is all that can be said , the case is deplorable on the part of the accused ; who can neither be bail'd , because impeach'd in parliament , nor admitted to be tryed , for fear they should be acquitted for want of evidence . i do not doubt but his majesty , after having done what in him lies for the utmost discovery of the plot , both by frequent proclamations of indemnity , and reward , to such as would come in , and discover more , and by several others too long to repeat , is desirous ( for what good man is not ? ) that his care and trouble might be over . but i am much deceiv'd , if the antimonarchical party be of the same opinion ; or that they desire the plot should be either wholly discover'd , or fully ended . for 't is evidently their interest to keep it on foot , as long as possibly they can ; and to give it hot water , as often as 't is dying ; for while they are in possession of this jewel , they make themselves masters of the people . for this very reason i have often said , even from the beginning of the discovery , that the presbyterians would never let it go out of their hands , but manage it to the last inch upon a save-all . and that if ever they had tryed one lord , they would value themselves upon that conquest , as longas ever it would last with the populace : but whatever came on 't , be sure to leave a nest egg in the tower : and since i doubt not , but what so mean a judge as i am could so easily discover , could not possibly escape the vigilancy of those who are at the helm ; i am apt to think , that his majesty saw at least as great a danger arising to him from the discontented spirits of the popular faction , as from the papists . for is it not plain , that ever since the beginning of the plot , they have been lopping off from the crown whatever part of the prerogative they could reach ? and incroaching into soveraignty and arbitrary power themselves , while they seem'd to fear it from the king ? how then could his majesty be blam'd , if he were forc'd to dissolve those parliaments , which instead of giving him relief , made their advantages upon his distresses ; and while they pretended a care of his person on the one hand , were plucking at his scepter with the other ? after this , the pamphleteer gives us a long bead-roll of dangerfield's plot , captain ely , young tongue , fitz-gerard , and mr. ray , rails at some , and commends others as far as his skill in hyperbole will carry him . which all put together , amounts to no more than only this , that he whom they called rogue before , when he comes into their party , pays his garnish , and is adopted into the name of an honest man. thus ray was no villain , when he accus'd colonel sackvile , before the house of commons ; but when he failed of the reward of godliness at their hands , and from a wig became a tearing tory in new cloaths , our author puts him upon the file of rogues , with this brand , than whom a more notorious and known villian lives not . the next thing he falls upon , is the succession : which the king declares , he will have preserved in its due descent . now our author despairing , it seems , that an exclusion should pass by bill , urges , that the right of nature and nations will impower subjects to deliver a protestant kingdom from a popish king. the law of nations , is so undoubtedly , against him , that i am sure he dares not stick to that plea : but will be forc'd to reply , that the civil law was made in favour of monarchy : why then did he appeal to it ? and for the law of nature , i know not what it has to do with protestants or papists , except he can prove that the english nation is naturally protestant ; and then i would enquire of him what countrymen our forefathers were ? but if he means by the law of nature , self-preservation and defence ; even that neither will look but a squint upon religion ; for a man of any religion , and a man of no religion , are equally bound to preserve their lives . but i answer positively to what he would be at ; that the law of self-preservation impowers not a subject to rise in arms against his soveraign , of another religion , upon supposition of what he may do in his prejudice hereafter : for , since it is impossible that a moral certainty should be made out of a future contingency , and consequently , that the soveraign may not extend his power to the prejudice of any mans liberty or religion : the probability ( which is the worst that they can put it ) is not enough to absolve a subject who rises in arms , from rebellion , in foro conscientiae . we read of a divine command to obey superior powers ; and the duke will lawfully be such , no bill of exclusion having past against him in his brother's life : besides this , we have the examples of primitive christians , even under heathen emperors , always suffering , yet never taking up arms , during ten persecutions . but we have no text , no primitive example encouraging us to rebel against a christian prince , tho of a different perswasion . and to say there were then no christian princes when the new testament was written , will avail our author little ; for the argument is a fortiori : if it be unlawful to rebel against a heathen emperor , then much more against a christian king. the corollary is this , and every unbiassed sober man will subscribe to it , that since we cannot pry into the secret decrees of god , for the knowledge of future events , we ought to rely upon his providence , for the succession ; without either plunging our present king into necessities , for what may never happen ; or refusing our obedience to one hereafter , who in the course of nature may succeed him . one , who if he had the will , could never have the power to settle popery in england , or to bring in arbitrary government . but the monarchy will not be destroyed , and the protestant religion will be preserved , if we may have a protestant successor . if his party had thought , that this had been a true expedient , i am confident it had been mentioned in the last parliament at westminster . but there , altum silentium , not one word of it . was it because the machine was not then in readiness to move ! and that the exclusion must first pass ? or more truly was it ever intended to be urged ? i am not ashamed to say , that i particularly honour the duke of monmouth : but whether his nomination to succeed , would , at the bottom be pleasing to the heads of his cabal , i somewhat doubt . to keep him fast to them by some remote hopes of it , may be no ill policy . to have him in a readiness to head an army , in case it should please god the king should die before the duke , is the design ; and then perhaps he has reason to expect more from a chance game , than from the real desires of his party to exalt him to a throne . but 't is neither to be imagined , that a prince of his spirit , after the gaining of a crown , would be managed by those who helped him to it , let his ingagements and promises be never so strong before , neither that he would be confin'd in the narrow compass of a curtail'd mungril monarchy , half commonwealth . conquerors are not easily to be curbed . and it is yet harder to conceive , that his pretended friends , even design him so much as that . at preset , 't is true , their mutual necessities keep them fast together ; and all the several fanatick books fall in , to enlarge the common stream ▪ but suppose the business compassed , as they design'd it , how many , and how contradicting interests are there to be satisfied ! every sect of high shooes would then be uppermost ; and not one of them endure the toleration of another . and amongst them all , what will become of those fine speculative wits , who drew the plan of this new government , and who overthrew the old ? for their comfort , the saints will then account them atheists , and discard them . or they will plead each of them their particular merits , till they quarrel about the dividend . and , the protestant successor himself , if he be not wholly governed by the prevailing party , will first be declared no protestant ; and next , no successor . this is dealing sincerely with him , which plato redivivus does not : for all the bustle he makes concerning the duke of m. proceeds from a commonwealth principle : he is afraid at the bottom to have him at the head of the party , lest he should turn the absolute republick , now designing , into an arbitrary monarchy . the next thing he exposes , is the project communicated at oxford , by a worthy gentleman since deceased . but since he avowed himself , that it was but a rough draught , our author might have paid more respect to his memory , than to endeavour to render it ridiculous . but let us see how he mends the matter in his own which follows . if the duke were only banished , during life , and the administration put into the hands of protestants , that would establish an unnatural war of expediency , against an avowed right and title . but on the other hand exclude the duke , and all other popish successors , and put down all those guards are now so illegally kept up , and banish the papists , where can be the danger of a war , in a nation unanimous ? i will not be unreasonable with him ; i will expect english no where from the barrenness of his country : but if he can make sense of his unnatural war of expediency , i will forgive him two false grammars , and three barbarisms , in every period of his pamphlet ; and yet leave him enow of each to expose his ignorance , whensoever i design it . but his expedient it self is very solid , if you mark it . exclude the duke , take away the guards , and consequently , all manner of defence from the kings person ; banish every mothers son of the papists , whether guilty or not guilty in particular of the plot. and when papists are to be banished , i warrant you all protestants in masquerade must go for company ; and when none but a pack of sectaries and commonwealths-men are left in england , where indeed will be the danger of a war , in a nation unanimous ? after this , why does not some resenting friend of marvel's , put up a petition to the soveraigns of his party , that his pension of four hundred pounds per annum , may be transferred to some one amongst them , who will not so notoriously betray their cause by dullness and insufficiency ? as for the illegal guards , let the law help them ; or let them be disbanded ; for i do not think they have need of any champion . the next twenty lines are only an illustration upon his expedient : for he is so fond of his darling notion , that he huggs it to death , as the ape did her young one . he gives us his bill of tautology once more ; for he threatens , that they would not rest at the exclusion ; but the papists must again be banish'd , and the dukes creatures put out of office both civil and military . now the dukes creatures , i hope , are papists , or little better ; so that this is all the same : as if he had been conning over this ingenious epigram ; there was a man who with great labour , and much pain , did break his neck , and break his neck , and break his neck again . at the last , to shew his hand is not out in the whole paragraph , when the duke is excluded , his creatures put out of office , the papists banished twice over ; and the church of england-men delivered to satan , yet still he says the duke is the great minister of state ; and the kings excellent qualities give his brother still opportunities to ruine us and our religion . even excluded , and without friends and faction he can do all this ; and the king is endued with most excellent qualities to suffer it . having found my man , methinks i can scarce afford to be serious with him any longer ; but to treat him as he deserves , like an ill bouffoon . he defends the sharpness of the addresses of which his majesty complains : but i suppose it would be better for him , and me , to let our principals engage , and to stand by our selves . i confess , i have heard some members of that house , wish , that all proceedings had been carried with less vehemence . but my author goes further on the other hand ; he affirms , that many wise and good men thought they had gone too far , in assuring , nay , in mentioning of money before our safety was fully provided for . so you see he is still for laying his hand upon the penny . in the mean time i have him in a praemunire for arraigning the house of commons ; for he has tacitely confessed , that the wise and good men were the fewer ; because the house carryed it for mentioning money in their address . but it seems they went too far , in speaking of a supply ; before they had consulted this gentleman , how far the safety of the nation would admit it . i find plainly by his temper , that if matters had come to an accommodation , and a bargain had been a bargain , the knights of the shire must have been the protestant knights no longer . as for arbitrary power of taking men into custody , for matters that had no relation to privileges of parliament , he says they have erred with their fathers . if he confess that they have erred , let it be with all their generation , still they have erred : and an error of the first digestion , is seldom mended in the second . but i find him modest in this point ; and knowing too well they are not a court of judicature , he does not defend them from arbitrary proceedings , but only excuses , and palliates the matter , by saying , that it concern'd the rights of the people , in suppressing their petitions to the fountain of justice . so , when it makes for him , he can allow the king to be the fountain of iustice ; but at other times he is only a cistern of the people . but he knows sufficiently , however he dissembles it , that there were some taken into custody , to whom that crime was not objected . yet since in a manner he yields up the cause , i will not press him too far , where he is so manifestly weak . tho i must tell him by the way , that he is as justly to be proceeded against for calling the kings proclamation illegal , which concerned the matter of petitioning , as some of those , who had pronounced against them by the house of commons , that terrible sentence , of take him , topham . the strange illegal votes declaring several eminent persons to be enemies to the king and kingdom , are not so strange , he says , but very justifiable . i hope he does not mean , that illegal votes are now not strange in the house of commons : but observe the reason which he gives : for the house of commons had before address'd for their removal from about the king. it was his business to have prov'd , that an address of the house of commons , without process , order of law , hearing any defence , or offering any proof against them is sufficient ground to remove any person from the king : but instead of this he only proves , that former addresses have been made , which no body can deny . when he has throughly settled this important point , that addresses have certainly been made , instead of an argument to back it , he only thinks , that one may affirm by law , that the king ought to have no person about him , who has the misfortune of such a vote . but this is too ridiculous to require an answer . they who will have a thing done , and give no reason for it , assume to themselves a manifest arbitrary power . now this power cannot be in the representatives , if it be not in the people : or if it be in them , the people is absolute . but since he wholly thinks it , let him injoy the privilege of every free born subject , to have the bell clinck to him what he imagines . well ; all this while he has been in pain about laying his egg : at the last we shall have him cackle . if the house of commons declare they have just reasons to fear , that such a person puts the king upon arbitrary councils , or betrays his and the nations interest , in such a case , order and process of law is not necessary to remove him ; but the opinion and advice of the nation is enough ; because bare removing neither fines him , nor deprives him of life , liberty , or offices , wherein state affairs are not concern'd . hitherto , he has only prov'd , according to his usual logick , that bare removing , is but bare removing ; and that to deprive a man of a publick office is not so much as it would be to hang him : all that possibly can be infer'd from this argument , is only that a vote may do a less wrong , but not a greater . let us see how he proceeds . if he be not remov'd upon such address , you allow him time to act his villany ; and the nation runs the hazard . i answer , if the house have just reasons on their side , 't is but equitable they should declare them ; for an address in this case is an appeal to the king against such a man : and no appeal is supposed to be without the causes which induc'd it . but when they ask a removal , and give no reason for it ; they make themselves judges of the matter , and consequently they appeal not , but command . if they please to give their reasons , they justifie their complaint ; for then their address is almost in the nature of an impeachment : and in that case they may procure a hearing when they please : but barely to declare , that they suspect any man , without charging him with particular articles , is almost to confess , they can find none against him . to suppose a man has time to act his villanies , must suppose him first to be a villain : and if they suspect him to be such , nothing more easie than to name his crimes , and to take from him all opportunities of future mischief . but at this rate of bare addressing , any one who has a publick profitable employment might be remov'd ; for upon the private picque of a member he may have a party rais'd for an address against him . and if his majesty can no sooner reward the services of any one who is not of their party , but they can vote him out of his employment ; it must at last follow , that none but their own party must be employ'd , and then a vote of the house of commons , is in effect the government . neither can that be call'd the advice and opinion of the whole nation , by my author's favour , where the other two estates , and the soveraign are not consenting ▪ 't is no matter , says this gentleman ; there are some things so reasonable , that they are above any written law : and will in despite of any power on earth have their effect ; whereof this is one . i love a man who deals plainly ; he explicitly owns this is not law , and yet it is reasonable ; and will have its effect as if it were . see then , in the first place the written law is laid aside : that fence is thrown open to admit reason in a larger denomination . now that reason which is not law , must be either enthusiasm , or the head-strong will of a whole nation combin'd : because in depite of any earthly power it will have its effect : so that , which way soever our author takes it , he must mean fanaticism , or rebellion : law grounded on reason is resolv'd into the absolute power of the people ; and this is ratio ultima reipublicae . furthermore ; the king is a publick person : in his private capacity , as we are told , he can only eat and drink ; and perform some other acts of nature which shall be nameless . but his actings without himself , says my grave author , are only as a king. in his politick capacity he ought not to marry , love , hate , make war , or peace , but as a king ; and agreeable to the people , and their interest he governs . in plain terms then , as he is a man he has nothing left to do ; for the actions which are mention'd , are those only of an animal , or which are common to man and beast . and as he is a king he has as little business , for there he is at the disposing of the people : and the only use that can be made of such a monarch , is for an innkeeper to set upon a sign-post to draw custom . but these letters of instruction how he should behave himself in his kingly office , cannot but call to mind how he was school'd and tutor'd , when the covenanters made just such another prince of him in scotland . when the terrible fasting day was come , if he were sick in bed , no remedy , he must up and to kirk ; and that without a mouthful of bread to stay his stomach ; for he fasted then in his politick capacity . when he was seated , no looking aside from mr. iohn ; not a whisper to any man , but was a disrepect to the divine ordinance . after the first thunderer had spent his lungs , no retirement , the first is reinforc'd by a second and a third : all chosen vessels , dieted for preaching , and the best breath'd of the whole country . when the sun went down , then up went the candles , and the fourth arises to carry on the work of the night , when that of the day was at an end . 't is true what he says , that our greatest princes have often hearkened to the addresses of their people , and have remov'd some persons from them ; but it was when they found those addresses reasonable themselves . but they who consult the manner of addresses in former times , will find them to have been manag'd in the house of commons , with all the calmness and circumspection imaginable . the crimes were first maturely weigh'd , and the whole matter throughly winnow'd in debates . after which , if they thought it necessary for the publick wellfare , that such a person should be remov'd , they dutifully acquainted the king with their opinion , which was often favourably heard ; and their desires granted . but now the case is quite otherwise ; either no debate , or a very slight one precedes addresses of that nature . but a man is run down with violent harangues ; and 't is thought sufficient , if any member rises up , and offers that he will make out the accusation afterwards : when things are carried in this heady manner , i suppose 't is no sign of a great prince , to have any of his servants forc'd from him . but such addresses will insensibly grow into presidents : you see our author is nibbling at one already . and we know a house of commons is always for giving the crescent in their arms. if they gain a point , they never recede from it , they make sure work of every concession from the crown ▪ and immediately put it into the christmass box : from whence there is no redemption . in justification of the two votes against lending or advancing money to the king , he falls to railing , like a sophister in the schools , when his syllogisms are at an end . he arraigns the kings private manner of living , without considering that his not being supplied has forc'd him to it . i do not take upon me to defend any former ill management of the treasury ; but , if i am not deceiv'd , the great grievance of the other party at present , is , that it is well manag'd . and , that notwithstanding nothing has been given for so many years , yet a competent provision is still made for all expences of the publick ; if not so large as might be wish'd , yet at least as much as is necessary . and i can tell my author for his farther mortification , that at present no money is furnish'd to his majesties occasions , at such unconscionable usury as he mentions . if he would have the tables set up again , let the king be put into a condition , and then let eating and drinking flourish , according to the hearty , honest and greasie hospitality of our ancestors . he would have the king have recourse to parliaments , as the only proper supply to a king of england , for those things which the treasury in this low ebb cannot furnish out : but when he comes to the conditions , on which this money is to be had , they are such , that perhaps forty in the hundred to a jew banquer were not more unreasonable . in the mean time , if a parliament will not give , and others must not lend , there is a certain story of the dog in the manager , which out of good manners i will not apply . the vote for not prosecuting protestant dissenters upon the penal laws ; which at this time is thought to be a grievance to the subject , a weakning of the protestant religion , and an incouragement to popery , is a matter more tenderly to be handled . but if it be true what has been commonly reported since the plot , that priests , jesuits , and friars , mingle amongst anabaptists , quakers , and other sectaries , and are their teachers , must not they be prosecuted neither ? some men would think , that before such an uniting of protestants , a winnowing were not much amiss ; for after they were once sent together to the mill , it would be too late to divide the grist . his majesty is well known to be an indulgent prince , to the consciences of his dissenting subjects : but whoever has seen a paper call'd , i think , an intended bill for uniting , &c. which lay upon the table of every coffee-house , and was modelling to pass the house of commons , may have found things of such dangerous concernment to the government , as might seem not so much intended to unit dissenters in a protestant church , as to draw together all the forces of the several fanatick parties , against the church of england . and when they were encouraged by such a vote , which they value as a law ; ( for so high that coin is now inhaunc'd ) perhaps it is not unreasonable to hold the rod over them . but for my own part , i heartily wish , that there may be no occassion for christians to persecute each other . and since my author speaks with some moderation , candor , and submission to his mother church , i shall only desire him and the dissenting party , to make the use they ought , of the king gracious disposition to them , in not yet proceeding with all the violence which the penal laws require against them . but this calm of my author , was too happy to last long . you find him immediately transported into a storm about the business of fitz-harris , which occasion'd the dissolution of the parliament at oxford : and accusing , according to his sawcy custom , both his majesty , and the house of lords , concerning it . as for the house of lords , they have already vindicated their own right , by throwing out the impeachment : and sure the people of england ought to own them as the assertors of the publick liberty in so doing ; for process being before ordered against him at common law , and no particular crime being laid to his charge by the house of commons , if they had admitted his cause to be tryed before their lordships , this would have grown a president in time , that they must have been forc'd to judge all those whom the house of commons would thrust upon them , till at last the number of impeachments would be so increas'd ; that the peers would have no time for any other business of the publick : and the highest court of judicature would have been reduc'd to be the ministers of revenge to the commons . what then would become of our ancient privilege to be tryed per pares ? which in process of time would be lost to us and our posterity : except a proviso were made on purpose , that this judgment might not be drawn into farther president ; and that is never done , but when there is a manifest necessity of breaking rules , which here there was not . otherwise the commons may make spaniels of the lords , throw them a man , and bid them go judge , as we command a dog to fetch and carry . but neither the lords reasons , nor the king first having possession of the prisoner , signifie any thing with our author . he will tell you the reason of the impeachment was to bring out the popish plot. if fitz-harris really know any thing but what relates to his own treason , he chuses a fine time of day to discover it now , when 't is manifestly to save his neck , that he is forc'd to make himself a greater villain ; and to charge himself with new crimes to avoid the punishment of the old . had he not the benefit of so many proclamations , to have come in before , if he then knew any thing worth discovery ? and was not his fortune necessitous enough at all times , to catch at an impunity , which was baited with rewards to bribe him ? 't is not for nothing that party has been all along so favourable to him : they are conscious to themselves of some other matters than a popish plot. let him first be tryed for what he was first accus'd : if he be acquitted , his party will be satisfied , and their strength increas'd by the known honesty of another evidence : but if he be condemn'd , let us see what truth will come out of him , when he has tyburn and another world before his eyes . then , if he confess any thing which makes against the cause , their excuse is ready ; he died a papist , and had a dispensation from the pope to lie . but if they can bring him silent to the gallows , all their favour will be , to wish him dispatch'd out of his pain , as soon as possibly he may . and in that case they have already promis'd they will be good to his wife , and provide for her , which would be a strong encouragement , for many a woman , to perswade her husband to digest the halter . this remembers me of a certain spanish duke , who commanding a sea-port-town , set an officer of his , underhand to rob the merchants . his grace you may be confident was to have the booty , and the fellow was assur'd if he were taken to be protected . it fell out , after some time , that he was apprehended : his master , according to articles , brought him off . the rogue went again to his vocation , was the second time taken , delivered again , and so the third . at last the matter grew so notorious , that the duke found , it would be both scandalous and difficult to protect him any longer ; but the poor malefactor sending his wife to tell him that if he did not save him he must be hanged to morrow , and that he must confess who set him on : his master very civilly sent him this message ; prithee suffer thy self to be hanged this once to do me a courtesie , and it shall be the better for thy wife and children . but that which makes amends for all , says our author , is the kings resolution to have frequent parliaments . yet this , it seems , is no amends neither : for he says parliaments are like terms , if there be ten in a year , and all so short to hear no causes , they do no good . i say on the other hand , if the courts will resolve beforehand to have no causes brought before them , but one which they know they cannot dispatch ; let the terms be never so long , they make them as insignificant as a vacation . the king 's prerogative , when and where they should be call'd , and how long they should sit , is but subservient , as our friend tells us , to the great design of government ; and must be accommodated to it , or we are either denyed or deluded of that protection and iustice we are born to . my author is the happiest in one faculty , i ever knew . he is still advancing some new position , which without proving , he slurs upon us for an argument : though he knows , that doctrines without proofs will edifie but little . that the kings prerogative is subservient , or in order to the ends of government is granted him . but what strange kind of argument is this , to prove that we are cheated of that protection to which we are born . our kings have always been indued with the power of calling parliaments , nominating the time , appointing of the place , and dissolving them when they thought it for the publick good : and the people have wisely consulted their own welfare in it . suppose , for example , that there be a jarring between the three estates , which renders their sitting at that time impracticable ; since none of them can pretend to judge the proceedings of the other two , the judgment of the whole must either reside in a superiour power , or the discord must terminate in the ruine of them all . for if one of the three incroach too far , there is so much lost in the balance of the estates , and so much more arbitrary power in one ; 't is as certain in politiques , as in nature ; that where the sea prevails the land loses . if no such discord should arise , my authors argument is of no farther use : for where the soveraign and parliament agree , there can be no deluding of the people ; so , that in short , his quarrel is to the constitution of the government . and we see what nettles him , that the king has learnt from the unhappy example of his father , not to perpetuate a parliament . but he will tell you , that they desire only a lasting parliament , which may dispatch all causes necessary and proper for the publick : and i answer him , that it lyes in themselves to make it so . but who shall judge when it shall be proper to put an end to such a parliament ? there is no farther answer left him ; but only , that the reason of things is the only rule : for when all necessary causes are dispatch'd , then is the proper time of dissolution . but if you mark it , this argumentation is still running in a circle . for the parliament , that is the house of commons , would constitute themselves judges of this reason of things ; and of what causes were necessary to be dispatch'd . so that my author had as good have laid down this position bare-fac'd , that a parliament ought never to be dissolved , till an house of commons would fit no longer . my author goes on scoffingly , that he has nothing to say for those angry men ( he means of his own party ) whose particular designs are disappointed ; only that they might have kept their places ; and that he can find no difference betwixt them who are out , and those who are put in , but that the former could have ruin'd us , and would not : and these cannot if they would . i am willing to let them pass as lightly as he pleases : angry they are , and they know the proverb . i hope i may have leave to observe transiently , that none but angry men , that is , such as hold themselves disobliged at court , are the pillars of his party . and where are then the principles of vertue , honour and religion , which they would persuade the world , have animated their endeavours for the publick ? what were they before they were thus angry ? or what would they be , could they make so firm an interest in court , that they might venture themselves in that bottom ? this , the whole party cannot choose but know ; for knaves can easily smell out one another . my author , an experienced man , makes but very little difference , betwixt those who are out , and those who are put in . but the nation begins to be awake : his party is mouldring away , and as it falls out , in all dishonest combinations , are suspecting each other so very fast , that every man is shifting for himself , by a separate treaty : and looking out for a plank in the common shipwrack , so that the point is turn'd upon him ; those who are out , would have ruin'd us , and cou'd not ; and those who are in , are endeavouring to save us if they can . my adversary himself , now drawing to a conclusion , seems to be inclining to good opinions : and as dying men , are much given to repentance , so finding his cause at the last gasp , he unburthens his conscience and disclaims the principles of a common-wealth , both for himself , and for both houses of parliament , which is indeed to be over-officious : for one of the houses will not think they have need of such a compurgator . but he wisely fears no change of government from any , but the papists . now i am of a better heart , for i fear it neither from papists nor presbyterians . whether democracy will agree with jesuitical principles in england i am not certain ; but i can easily prove to him , that no government but a common-wealth is accommodated to the systeme of church-worship invented by iohn calvin . the declaration concludes , that the king is resolv'd to govern in all things by the laws : and here the author of the answer , is for frisking out into a fit of joy , which looks as aukward with his gravity , as ever was king david's dancing before the ark. this similitude i hope has pleas'd hin ; if it does not , esop's ass stands ready sadled at the door . but a melancholick consideration has already pour'd cold water in his porredge , for all promises he says , are either kept or broken : well-fare a good old proverb . i could find in my heart to cap it with another , that the old woman had never look'd for her daughter in the oven , if she had not been there her self before . but if the king should keep his word , as all but his enemies conclude he will , then we shall see annual parliaments sit longer i hope ; when they meddle only with their proper business . they will lose their time no more , in cutting off the succession , altering the course of nature , and directing the providence of god , before they know it . we shall have no uniting of sects against the church of england , nor of counties against the next heir of the crown . the king shall then be advis'd by his parliament , when both houses concur in their advice . there shall be no more need of declarations about the dissolving of parliaments ; and no more need of factious fools to answer them ; but the people shall be happy , the king shall be supply'd the alliances shall be supported , and my suppos'd author be made a bishop , and renounce the covenant . that many of these things may happen , is the wish of every loyal subject , and particularly of sir , your most humble servant a paper put in by the commissioners of scotland, concerning the last votes of the house of commons. scotland. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a paper put in by the commissioners of scotland, concerning the last votes of the house of commons. scotland. parliament. sheet ([ ] p.) s.n., [london : ] imprint from wing. the commissioners are informed the king is in carisbrook castle, and have seen votes of the commons forbidding applications and adresses to him on pain of high treason. no person is to bring any message from him to parliament. does this extend to scotland? -- cf. steele. addressed to the speaker of the house of lords; dated and signed at end: worcester-house, jan. . lowdoun. lauderdale. charles erskin. hugh kennedey. rob. barklay. annotation on thomason copy: " " ' ' in dating at end of text crossed through. reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament. -- house of lords -- early works to . scotland -- history -- charles i, - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a paper put in by the commissioners of scotland, concerning the last votes of the house of commons. scotland. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a paper put in by the commissioners of scotland , concerning the last votes of the house of commons . right honourable , we are informed that by order from both houses the king is secured in caresbrook castle , and we have seen some printed votes of the house of commons to this effect : that they will make no further addresses or applications to the king ; that no applications or addresses be made to the king by any person whatsoever without the leave and approbation of the houses : that all persons whatsoever which shall make breach of this order , shall incur the penalty of high treason : that they will receive no more any messages from the king , and do injoyn that no person whatsoever presume to receive or bring any message from the king to either or both houses of parliament , or to any other person . by which , as his majestie is deprived of all comforts of freedom ; so it gives us occasion to ask , whether it be intended , that it shall extend to his majesties subjects of scotland , to debar such as are warranted by the parliament of scotland ( or others having their authority ) from free accesse to , or intercourse with the king ; or that his majestie shall be hindred from ( and so made incapable of ) the exercise of any act of government in relation to the affairs of that kingdom : to the end we may be enabled from the answer of the houses to give an account upon our return to scotland , of his majesties condition , and the discharge of our trust to the committee of estates and parliament there , which is to meet the sixth of march next ; and waiting your speedy answer , we rest worcester-house , jan. . . your humble servants , lowdoun . lauderdale . charles erskin . hugh kennedey . rob. barklay . for the right honourable the speaker of the house of peers pro tempore . by the king, a proclamation declaring the parliament shall be prorogued until the first day of october next england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation declaring the parliament shall be prorogued until the first day of october next england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by john bill, christopher barker, thomas newcomb, and henry hills ..., london : . "given at our court at whitehall, the eighth day of august . and in the thirtieth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. proclamations -- great britain. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation declaring the parliament shall be prorogued until the first day of october next . charles r. whereas this present parliament was prorogued from the first day of this instant august , unto the nine and twentieth day of the same month , and whereas his majesty did issue his proclamation of the second day of this month , signifying his royal pleasure , that both houses should not onely meet upon the said nine and twentieth day of august , but should continue then to sit , for the dispatch of divers weighty affairs which should then be proposed and debated ; his majesty now taking into his consideration , that the state of affairs abroad is much changed since that his proclamation , hath therefore thought fit ( with the advice of his privy council ) to publish and declare , and his majesty doth hereby publish and declare his royal pleasure , that the two houses of parliament shall upon the said nine and twentieth of august be further prorogued to the first day of october next , and that they shall then continue to sit for the dispatch of divers weighty matters which shall be then propsed and debated . and his majesty being desirous , in respect of the importance of those affairs , to have on the said first of october , a full assembly of the members of both houses of parliament , doth hereby require and command all and every the lords spiritual and temporal of this realm , and the knights , citizens , and burgesses of the house of commons , to give their attendance at westminster on the said first day of october next ; letting them know , that he will not at the said nine and twentieth day of august instant expect the attendance of any , but only such as being in or about the cities of london or westminster , may attend the making of the said prorogation : and his majesty doth expect a ready conformity to this his royal will and pleasure . given at our court at whitehall , the eighth day of august . and in the thirtieth year of our reign . god save the king. london , printed by john bill , christopher barker , thomas newcomb , and henry hills , printers to the kings most excellent majesty . . an humblf [sic] remonstrance from his excellency sir thomas fairfax and the army under his command concerning the present state of affairs in relation to themselves and the kingdom, with their desires and present resolutions thereupon presented to the commissioners at s. albanes, iune , to be by them humbly presented to the parliament / by the appointment of his excel. sir thomas faifax and the counsell of warre ; signed john rushworth ... england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an humblf [sic] remonstrance from his excellency sir thomas fairfax and the army under his command concerning the present state of affairs in relation to themselves and the kingdom, with their desires and present resolutions thereupon presented to the commissioners at s. albanes, iune , to be by them humbly presented to the parliament / by the appointment of his excel. sir thomas faifax and the counsell of warre ; signed john rushworth ... england and wales. army. fairfax, thomas fairfax, baron, - . [i.e. ] p. printed for george whittington ..., london : . reproduction of original in the huntington library. eng england and wales. -- army. great britain -- history -- civil war, - . a r (wing f a). civilwar no an humblf [sic] remonstrance from his excel. sir thomas fairfax and the army under his command concerning the present state of affaires in r england and wales. army b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion an humblf remonstrance from his excel . sir thomas fairfax and the army under his command concerning the present state of affaires in relation to themselves and the kingdome , with their desires and present resolutions thereupon . presented to the commissioners at st. albanes , iune . to be by them humbly presented to the parliament . by the appointment of his excel . sir thomas fairfax and the counsell of warre . signed , john rushworth secr. london , printed for george whittington at the blew anchor in cornehill neere the royall exchange . . an humble remonstrance from his excel . sir thomas fairfax and the army under his command : concerning the present estate of affaires in relation to themselves and the kingdome , with their desires and present resolutions thereupon . . our desires as souldiers in behalfe of our selves and other souldiers that have faithfully served the parliament in this kingdome , as also our remaining dissatisfactions in relation thereunto , may be clearely collected out of our severall papers that have formerly beene presented to the parliament concerning the same , to which particulars we have not yet received any further satisfaction . . in our last representation it may appeare what our desires are , as members of the common wealth in behalfe of our selves and all others for the clearing , setling , and securing of the rights , liberties and peace of the kingdome : for the justnesse , reasonablenesse , necessity , and common-concernment whereof unto all , we dare appeale to the whole kingdome , and to the world : yet we have hitherto received no answer thereunto , nor can we heare of any consideration taken thereupon , to put the things conteined therein into any way of resolution or dispatch . . wee have since , in pursuance of the first and second head of our desires in the said representation , delivered in a charge against divers persons , members of the house of commons , for divers designes and practises to the abuse and dishonor of the parliament the unsufferable injury of the army , the infringment of the rights and liberties both of souldiers and subjects , the breach or hazzard of the peace of this kingdome , and the hinderance of the reliefe of ireland &c. . vpon which though the maine things charged , with the mischievous effects and further dangerous consequences of them , as also the constant and continued activity of all , or most of the persons charged in relation to those things , for the most part are sufficiently knowne , especially to the parliament it selfe , yet wee finde neither any thing done vpon what is so knowne , nor any way resolved on or admitted by the parliament for the examination or discovery of what may be less knowne : but rather ( as if neither the things charged nor the present sad effects nor future ill consequences thereof were at all considerable ) the whole businesse seemes to be slightly past ouer or set aside . lastly we did with these deliuer in another paper ( whereof here is a coppy annexed ) contayning divers just and necessary things which wee did desire might be provided for , and done for the better proceeding in the premisses with more safety to our selves and the kingdome , and with more assurance or hopes of a timely and happy issue . to which things desired ( which wee suppose all men reasonable will thinke just and necessary ) wee have yet received no answer or resolution , nor can finde any consideration at all had of them , save that a months pay is sent downe to the army , whilst those that have deserted the army , receive at london much more , and that some votes have bin passed for the annulling the committee pretended for safety about listing of men and drawing of forces together , which votes wee finde rendered but vaine and delusive , by the continued under-hand practises of those whom wee have charged and their accomplices in listing and ingaging men for a new warre , and by a later dayes votes not admitting that the forces so listed or ingaged should by publicke order be dismist or discharged : which with other things wee cannot but attribute chiefely to the prevalent influance of the same persons . now whereas wee finde that our first desire in the paper last mentioned ( for present suspending the persons impeached from sitting in the house ) is judged by some to be against the course & priviledge of parliament , or of ill consequence in the president of it , ( the charge being but generall and no particular proofes as yet produced to render the proceedings legall ) we cannot but remind the parliament . first , that as the most and maine things charged ( with the sad effects and consequences of them ) so the constant and continued activity , of all or most of the persons charged in relation thereunto , ( in misinforming , deluding , abusing or surprising the house , and otherwise , are sufficiently knowne to the parliament it selfe , ) so as the house might upon their owne past and present cognizance of the same , most justly proceed to suspend them , ) as ( in many other cases upon farre lesse occasions which never could have produced such sad effects to the kingdome , ) they have done many other of their members meerely for words spoken of things moved in the house alledged to be but against order or custome of the house , and this without any tryall , proofe or charge , but meerely upon the houses owne cognizance of the things , as we could instance in many cases since this parliament began . secondly , whereas many of the things to which the charge relates , are things spoken , moved or done in the house , so as yet we have no cleare way opened particularly to charge or mention them , or to produce proofes to them , without some pretence against us of breach of priviledge , and therefore ( though we thinke no priviledge ought to protect evill men in doing wrong to particulars , or mischiefe to the publique yet , ) we have beene hitherto so tender of parliament-priviledges , as that we have onely remonstrated the evill of such things done , and supposing the house to have beene ( as we did , and doe beleeve , and if way were open , without breach of priviledge , should not doubt to proove it was ) some wayes misinformed , deluded , surprized , or otherwise abused in these things by evill members , we have frequently in former papers , ( before the charge ) put the parliament upon it , ( who without colour of breach of priviledge might doe it , ) to find out and discover who they were that had so abused them , and to disingage the honour of parliament from the evill practises and designes of such incendiaries . now since the same difficulties or prejudices lye yet in our way , ( as to the particular charging or proofe of such things against members . ) and the parliament ( though so often put upon it in our former papers , yet through the powerfull interest of the persons guilty , ) hath not taken any cognizance what members or others have so abused them , to draw the parliament to such dishonour and inconveniences , we cannot but againe more fully and clearely assert ( as we have in former papers , and shall more particularly if neede be , remonstrate ) that divers things lately done and passed from the parliament against this army , ( as particularly the order for suppressing the petition , that high declaration against it , and against all that should proceede in it , putting the faithfull servants of the parliament and kingdome out of the protection of the law , and exposing them as enemies to the state , &c : to the forfeiture of estates , liberties , life and all , but for going about in an humble , peaceable and inoffensive way , to desire what was undeniably , their due and dearely earned , and many other such like proceedings both against the army , and others , ) doe carry with them such a face of injustice , oppression , arbitrarinesse and tyranny , as ( we thinke ) is not to be paraleld in any former proceedings of the most arbitrary courts against any private men , but have brought insufferable dishonour upon the parliament , ( which we are , and others ought to be deepely sensible of , ) hath tended to disobliedge all men , especially souldiers from the same , to destroy all just freedome either of souldiers or subjects , and hath conduced to all other the sad effects and worse consequences , expressed in the charge , and gives us and others cause to conclude that those worthies , who have formerly acted and carried on things in parliament for publique-good , right and freedome , are now awed or over-borne by a prevailing party of men of other private interests crept in , and that neither we , nor any other can reasonably expect right freedome or safety ( as private men or ) to have things acted in parliament for publicke good while the same persons continue there in the same power to abuse the name and authority of parliament , to serve and prosecute their private interests and passions and ( vnder the priviledges of parliament ) to shelter themselves under the worst of evills or mischeifes they can doe , though to the ruine of the kingdome . wee are in this case forc'd ( to our great griefe of heart ) thus plainely to assert the present evill and mischiefe , together with the future worse consequences of the things lately done even in the parliament it selfe , ( which are too evident and visible to all . ) and so ( in their proper colours ) to lay the same at the parliaments doores , untill the parliament shall be pleased either of themselves to take notice and ridde the houses of those who have any way misinformed , deluded , surprized , or otherwise abused the parliament to the passing such foule things there , or shall open to us and others some way how we may ( regularly and without the scandall of breaking priviledges come to charge and prosecute those particular persons , that ( in truth ) have so abused the parliament , ( as well as our selves ) even for those misinformations , and other evill and indirect practises or proceedings in parliament , whereby they have so abused the same ( as in our said charge and former papers is set forth . ) and here ( if wee may ) we should humbly offer to consideration whether it were not a necassary expedient , for prevention or remedy of such evills in future , that in things so clearely distructive to the common rights and liberties of the people , and the safety of the kingdome , there should be a libertie for dissenting members in the house of commons ( as it is alowed in the house of peeres ) to enter their dissent , and thereby to acquit themselves from the guilt or blame of what evill may ensue , that so the kingdome may regularly come to know who they are that performe their trust faithfully , and who not . and this provision for the future , ( as also our desires for remedy in the present cases ) as it were clearely good and necessary in the respects premised , so ( wee thinke ) the same may well be without future prejudice or discouragement in any other respects to succeeding members of parliament . providing alwaies that no man shall be questioned or censured for any thing said or done in parliament any further then to exclusion from that trust , which is all that in the present case wee should desire upon any such grounds . and that future liberty of entering dissents wee doe not here propose as a thing wee any way insist on to the prejudice of parliament priviledges , wee onely offer it to consideration , and that from good wishes to the priviledges of parliament , to render them more lasting by being lesse nocent . and indeed whoever most adores or tenders those priviledges , wil best expresse his zeale towards them in taking care they be not abused or extended to private wrong or publicke mischiefe . ( for wee clearly finde & all wise men may see it ) that parliament priviledges , as well as royall-prerogative , may be perverted and abused to the destruction of those greater ends for whose protection and preservation they were admitted or intended ( viz. the rights and liberties of the people and safety of the whole ) and in case they be so , the abuse , evill , or danger of them is no iesse to be contended against , and a remedy thereof no lesse to be endeavoured , then of the other . and whereas the injustice ( in that particular of the declaration against the army for their just and innocent petition ) may seeme to have bin recompensed in the late expungeing thereof out of the journall bookes . wee confesse it had bin so in great measure , as to the particular or present injury done to the army therein , & ( we cannot but acknowledge therefore the justice that lyes in those votes for expungeing thereof , and for our owne or the armys particular reparation , wee should neither wish more , nor scarce have insisted on so much to any dishonor of parliaments in future , & we should rather have been satisfied with the parliaments declaring how , and by whom they have bin misinformed , surprised , or otherwise abused in the framing , proposall or passing thereof as it was , but as to that particular , or any other of that nature , we say as followeth . . we never did nor doe value or regard our own injury or reparation in any comparison to the consequence of the one , to the prejudice of the other , or to the future security of common right & freedome in this nation . and accordingly we do not account any reparation considerable that extends but to our selves in the present case , and does not in some sort secure our selves , and all others from danger of the same or worse injuries or oppressions , ( as private men from the wills and passions of the same persons that have offered and acted such things against us while an army . . wee cannot but imagine and consider ( according to generall report ) how the expungeing of that declaration was carried and obtained and upon what grounds and intentions it was given way to , but had those that procured it been all for expungeing it ( and that freely ) yet how can we expect better but that the same men who at one time carried such a declaration , and another time expung'd it , may the next day obtaine the like or worse ( upon any occasion wherein it may serve their private ends or interests ) if they continue in the same power and sway and be let pass in deluding and surprizing the parliament as they have done in the past particulars . . the apparent dishonour and prejudice brought upon the parliament , in having such a declaration so passed as they should soone after ( without any alteration ) in the pretended ground of it find cause ( for shame of the world ) to expunge , ( we think ) should engage those members that love parliaments , in point of honour , to find out and discover , how , and by whom the parliament had been abused or therwise brought into such an inconveniency . and the parliament may in this see the temper ( as by-standers do the prevalence ) of those members that abused the parliament in that declaration , who will and can make the authority of parliament still lye under the dishonour of it ( in a bare expungeing or retracting ) rather then to admit any consideration to acquit the authority of parliament that would tend to fix the blame on those particular members that had deserted it . and this certainly will be admitted and done rather then to slight it over in a bare expungeing , were not some men more tender of , and more swayed with such considerations and consequences as may tend to the prejudice of persons , then such as tend to the generall prejudice and dishonour of parliaments . as to these particulars included in our charge which depend on things don without the parliament we are ready and should most willingly proceed in the particular charging , and proving thereof if ( first from the justice of the house in a present proceeding against the persons charged for those things that are already knowne to the house being done in it ) we could find incouragement to expect any good issue upon those other things , and did we not ( on the contrary ) find that ( notwithstanding what is so knowne to the house as before expressed ) the same persons continue in such power & prevalence both in the house and in all committees of the highest trust as leaves little hope of right or satisfaction to the army or kingdome in other things and much lesse in any just proceeding against themselves while they continue judges of their owne and our concernments , so as we cannot , while they remaine in the same power , expect any other but a continued perverting and making advantage of all things ( and especially of those delayes which a regular proceeding against them would necessarily induce ) altogether to our owne and the kingdomes prejudice and danger disable or weaken us for those things which the safety and setling of the rights , liberties , and peace of the kingdome requires : and to strengthen themselves by underhand practises and preparations both at home and abroad the better to oppose us and engage the kingdom in a new war , thereby to accomplish their designes , or at least to save themselves from justice in a common confusion : we say were it not for these and such other considerations , that leave little hopes of justice to our selves or the kingdome ( while they continue in the same power ) and render all delayes dangerous and distructive to our selves and peace of the kingdome , we should be contented that the businesse concerning the members we have charged should be laid aside till those other things were first settled , which our declaration does propound for the common rights and liberties of the kingdome . but finding things still so caried as they are & as we have before exprest & 〈◊〉 while they are judges in their own causes they ( with that party which they make ) will doe what they please , and yet render it 〈◊〉 brea●h of privilidge to be a cused for it , wee cannot but upon all these consi●●rations and for all the reasons before exprest insist upon it that the numbers charged may first be forth with suspended from sitting in the house otherwise we cannot expect any faire proceedings 〈◊〉 them upon 〈◊〉 more particular charge nor think there is any good 〈◊〉 to ourselves or the kingdome , as 〈…〉 having the army presently paid up equally with those that have 〈◊〉 〈◊〉 we appeale to all men for the justice , reasonablenesse , and necessity thereof . the justice in that the former service ( for which these arrears are due ) hath beene ( at least ) as faithfully and diligently performed by the army as by those late deserters of it and in our present posture ( though they have appeared indeed more officious and serviceable to the interest and will of particular men then we , yet we are sure ) the army is and ( we hope ) will at last appeare to be more faithfull to the true interest of parliament , and the kingdome ( which wee were at first called out and ingaged for ) then they in deserting the army have hitherto appeared . for the reasonableness of our desires though we have ground to claim more then they , or rather that they or some of them should forfeit their arrears , yet we aske ( for present ) but equall nor should wee ( at present ) insist much on that ( as to officers ) if our souldies were but first paid up . our necessity to insist on that , is obvious to every man , and therefore ( unless we should betray our owne and the kingdomes cause ) we cannot but possitively insist upon it , that the army should forth with be paid up ( at the least ) equally to those desertors of it which if denyed or delayed , we shall be thereby inforct upon present wayes of iustant remedy and right-to the army therein . and whereas the parliament hath lately ordered and publikely declared that all that shall desert the army shall have present satisfaction in their arreares ( the officers three months pay , the souldiers all their arreares deducting for free quarter ) which still continues unrecalled , we cannot but look upon it as a most cleare evidence of the continuing malice and prevalence of ours and the kingdomes enemies . and we must and do insist upon it , that that order or declaration may forthwith be publikly recalled , otherwise we cannot beleeve that any thing but ruine and destruction is designed to our selves and all others in the kingdome , who every where call upon us , not to disband till we see the rights , liberties , and peace of the kingdome settled according to the many declarations by which we were first called forth , and invited to engage in the late war . next we cannot but take notice that ( instead of granting or answering our desires in the last paper ) in order to the better and more safe proceeding to a composure and settlement of all things for the good and peace of the kingdome , and for prevention of a new war the army being first commanded to forty miles distance from london , his majesties person is demanded immediatly to richmond house within eight miles of london which ( as we cannot but impute it ) to the prevailing interest of the same enemies to our , and the kingdomes peace , so all men may easily discerne ( with us ) how directly it tends ( in pursuance of their former private designe ) upon the king ere he came from holdenby to put his majesty within the reach of those mens power who have under hand listed about london already very considerable numbers both of horse and foor , and are daily listing and engaging more both there and in many parts of the kingdome to serve their designes : and therefore we appeale to all uningaged men whether we can in this give way to have the king put so far within those mens power without giving them the so long sought for advantage of his majesties person , whereby to embroyle the kingdome in a new and bloody war , and to strengthen themselves in their mischievous designes , the better to uphold and establish their faction and intended domination , so that in this case we cannot but importune the parliament ( as they tender the peace and safety of the kingdome and the avoyding of jealousies or worse inconveniency in the army ) that they would resume the consideration of that businesse concerning the person of the king , and not propose any place for him neerer to london then they would have the quarters of the army to be . and whereas ( by the procurement of the same persons , or others of their party ) there hath been scandalous informations presented to the houses , and industriously published in print , importing , as if his majesty were kept as a prisoner amongst us , and barbarously and uncivilly used , we cannot but declare that the same and all other suggestions of that sort , are most false and scandalous , and absolutely contrary , not onely to our declared desires , but also to our principles , which are most clearely for a generall right and just freedome to all men . and therefore upon this occasion we cannot but declare particularly , that we desire the same for the king , and others of his party ( so farre as can consist with common right or freedome ) and with the security of the same for future ) and we doe further clearly professe , we doe not see how there can be any peace to this kingdome , firme or lasting without a due consideration of , and provision for the rights , quiet , and immunity of his majesties royall family , and his late partakers , and herein we think that tender and equitable dealing ( as supposing their cases had been ours ) and a spirit of common love and justice , diffusing it self , to the good and preservation of all , will make up the most glorious conquests over their hearts , ( if god in mercy see it good ) to make them , and the whole people of the land , lasting friends . now to draw to a conclusion : since we can yet obtaine no satisfaction or answer to the things desired as before , but contrariwise finde all things carryed on by the prevailing interest of those our enemies , to the prejudice and danger of our selves and the kingdome , since ( notwithstanding some votes of parliament , against the late orders of the committee of safety , for listing of forces , and notwithstanding the earnest desires and indevours of the city , concurrent with our own , to have the same prevented or remedyed , yet the said committee of safety being continued still in the same power ) we find that by the appointment or contrivance , and under the protection or countenance of the same persons whom we have charged , and their accomplices , there are still manifold practises under-hand , to list and raise new forces , and ( notwithstanding the discovery thereof to the parliament from the city , yet ) the same persons have prevailed so far in the house , as not to admit the question for dischargeing of them , but the same practices still continue , and with double diligence are inforced since : also divers forces ( pretended to have ingaged for ireland ) are by the same persons ordered to randezvouz about worcester , there to lay the foundation of a new army . and to that purpose their emissaries and correspondents in all counties , are busie and active to raise forces for them . and though for these things the actors of them have no present publique authority , yet they have some way such countenance or assistance to be justified in parliament , ( if questioned for it ) as that they have the confidence to act openly , since they have likewise their emissaries or agents abroad in scotland , france , and other countries , very active to draw in foraine forces for their assistance : since in the mean time , they are indevouring by spies , and secret agents in all our quarters , to inveigle and invite the souldiers of this army to desert their officers and come to london , and for that purpose doe improve the advantage of the order or declaration of parliament afore-mentioned , for satisfaction of arreares to such as shall desert the army . and we finde they have the publick purse so much at their disposall , as to make good that , and other their undertakings of that nature , and yet such as have so deserted the army and received their arrears , are not discharged or dispersed , but continued together in bodies , and under command , in or near the city , ( as in particular some of sir robert py●s men , coll. greaves his cap. farmers and others still quartered upon kent ) since likewise they have their agents , and correspondents , labouring with the king to make contracts with him to draw his majesty to engage , and declare for them , or at least to declare himself a prisoner amongst us , whereby to stirre up and engage his party against us , since in all these respects we finde all delatory wayes ( which they industriously devise ) to be designed and made use of onely to our disadvantage , weakning , and ruine , and the kingdomes prejudice , and to their own advantage , and strengthening in their designes , the better to prepare for a new warre . and lastly , considering the multitudes of reformadoes and other souldiers , swarming about the city ( whom the persons we have charged and their accomplices , have at their beck , to bring up to westminster when they please ) and that by their frequent tumultuous confluences thither ( besetting , and sometimes blocking up the parliament dores threatning and offring violence to the persons of the most faithfull parliament men ) the just freedome of parliament seemes to be taken away or at least for the present abrogated in so much that those members who have served the kingdome hitherto with most faithfullnesse , diligence and integrity for the publike good , many of them dare scarce come to the house ; or ( if they doe ) they come in feare and perill of their lives , and when they are there , are awed , discharged , or disabled from discharging their consciences , or doing their duties to the kingdome . upon all these considerations , we are clearly convinc'd and satisfied , that both our duties and trust for the parliament and kingdom , calls upon us , and warrants us , and an imminent necessity ( for our own and the kingdomes safety , and prevention of a new warre ) enforceth us to make or admit of no longer delayes , but upon these foundations god hath given us with vigour and speed , to indevour in some extraordinary way , the vindicating of parliament freedome from tumultuons violence , the breaking of these designes and preparations that otherwise threaten a present imbroilement of the kingdome in more blood and war and a future perpetuable inslaving of it under faction and tyranny . and so ( if god see it good ) to put the parliament into a freedome and capacity ( with his majesties wished and hoped concurrence ) to settle the rightes , liberties , and peace of the kingdome . upon all these grounds , and for all these ends premised , we shall be inforced to take such courses extraordinary , as god shall inable and direct us unto , to put things to a speedy issue , unlesse by thursday night next we receive assurance and security to our selves and the kingdome , for a more safe and hopefull proceeding in an ordinary way , by having those things granted , which in order thereunto we have before insisted on . and shall here for more brevity and clearnesse , repeat as followeth . that the declaration , inviting men to desert the army , and promising their arrears in case they doe so , may be recalled and anulled . that the army may bee presently payed up equally to those that have deserted it . that his majestys comming to richmond may bee suspended untill affaires be 〈◊〉 settled and composed . and in the meane time noe place may bee appoynted that may be any nearer to london than the parliament will allow the quarters of the army to bee . that the members charged may bee forthwith suspended or sequestred the house . that those that have deserted the army , may bee instantly discharged and dispersed and receive no more of their arrears till the army be first satisfied . that both parliament and city may be speedily and effectually freed from those multitudes of reformados and souldiers before mentioned that flock together about london by a speedy dispatch and discharging of them from the city . that all such listings or raysing of new forces or drawing together of any before mentioned and all preparations towards a new warre may be effectually declared against and suppressed as also all invitations or indeavours to draw in forraigne forces . that the present perplexed affaires of the kingdome and those concerning the army is also all the things desired in our late representation in behalfe of the kingdome may be put into some speedy way of settlement , and composure . st. albans , june . . by the appointment of his excellency sir thomas fairfax , and the councell of warre . john rushworth , secretary . finis . the just request of the officers and souldiers of this army under the command of his excellency sr. thomas fairfax to their free elected councell agitators this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing j a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the just request of the officers and souldiers of this army under the command of his excellency sr. thomas fairfax to their free elected councell agitators fairfax, thomas fairfax, baron, - . p. s.n., [london? : ?] caption title. "to his excellency thomas fairfax, the just petition of the officers and souldiers of the army under his command"--p. - . reproduction of original in the huntington library. eng england and wales. -- army -- history. political prisoners -- great britain. a r (wing j a). civilwar no the just request of the officers, and souldiers of this army, under the command of his excellency sr. thomas fairfax, to their free elected [no entry] d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the just request of the officers , and souldiers of this army , under the command of his excellency sr. thomas fairfax , to their free elected councell agitators , right worthy , and betrusted servants to this kingdome and armi● , accordingly as we by our free election , have betrusted and conferred our own naturall and inherent power upon you , to be come agitators in our behalfs for the good of the army , the parliament and kingdome , and so consequently , for the safety , freedome , and liberty of every free man of england : we doe desire , that you would like faithfull servants unto us discharge your trust and utmost indeavours for and towards the effectuall reliefe and speedy deliverance of the unjustly imprisoned and oppressed of the land ; and in order thereunto , we here offer a petition unto your just and speedy concurrence with us in the premisses , on and in the behalfe of leiutenant colonell iohn lilburne , richard overton ( this kingdomes and armies appellant ) his wife , brother , and others unjustly by prerogative pleasure , contrary to the great charter of england , and the petition of right imprisoned in and about the city of london , the which we have prepared , and is subscribed by us , to be presented to his excellency , earnestly desiring , that as it is your duty , so you would not faile , to become petitioners with us in the premisses , and so joyntly with us implore his excellencies concurrence with his army and councell therein , for the present safetie and deliverance of the said unjustly imprisoned freemen of england . the petition followeth . to his excellency sir thomas fairfax , the just petition of the officers and souldiers of the army , under his command . sheweth , that whereas we the officers and souldiers of this army , ( raised by the great authority of this kingdome , for the just freedome both of parliament and people ) have in , and ever since our late solemn engagement to and with each other , to and with the parliament and kingdome in our severall papers , given very large hopes to the oppressed of the kingdome , of impartiall justice and freedome ; and having in a most speciall manner by our councel of agitators in their letter to the seamen given our most solemn assurance , upon the faith of honest men and souldiers , that ( whatever may be suggested by any ) we have no other aimes , but that justice might act in all its parts , and to all its ends , as relating to all estates and persons in the kingdome , that the yoakes of oppression might be taken off the necks of all , and justice equally distributed to all , and the rights of any ( though now detained from them ) restored & setled upon them ; elswhere in the said papers expressing our resolution to go on in the prosecution of so good a worke ; till we see oppression and oppressours from us and the kingdome removed , a firme and happy peace setled , and this poore kingdome from ruine and distruction delivered : and in our last declaration giving further assurance and confirmation , that it is our chiefe ayme to settle peace with truth and righteousnesse through the kingdome , that none may be oppressed in his just freedome and liberties . so that by these & the like professions , promises , & expressions of ours in this time of publike calamity and distresse , we have administred to the helplesse and destitute , a just cause of appeale and addresse unto us , as a sure refuge , to fly to for succour and reli●fe against the mercilesse devouring oppressour . whereupon many of the distressed , destitute , oppressed commons from severall parts of this kingdome , out of their good opinion of the sincerity and uprightnesse of our professions and intentions , have been encouraged to make their sad complaynts and addresses unto this army , by whom as also by your excellency they have been entertained with great acceptation and commiseration : and amongst the rest we finde , and in especiall manner take notice of a certaine appeale from and against certaine gentlemen , residing at westminster surprizing , usurping , and abusing the place ▪ name , power , and authority of parliament unto the body of the people , and chiefly to the body of this army , by richard overton , who as by his appeale & otherwise publikly and certainly appeareth ) hath by some prerogative men of this kingdome been most barbarously and inhumanely abused , for no other cause , then for his strict observation and just vindication of the free commoners rights , according to the great charter of england , himselfe being throwne into the goale of newgate , his wife into bridewell ( both dragged through the streetes headlong , through the dirt and mire ) his brother into maiden-lane prison , his house plundered and rifl●d , and his children exposed to the streetes , and yet for above these . moneths space , the said appellant continuing in the said mercilesse durance , cruel and unnaturall divorse , cannot obtaine any justice either for himselfe , his wife , or his brother , notwithstanding all the ordinary & formall waies & means that either by himself or his friends could be used , himself not only appealing , complayning , and petitioning to the parliament of england ; but also many thousands of the gentlemen and yeomen of the connties of buckinghamshire , and hartfordshire in his , and in the behalfe of lieutenant colonel●●hn lilburne , &c. yet through the obstruction of the said factious confederate , traiterous party in the house could obtaine no manner of reliefe or redresse , in somuch , that in pursuance of his and their naturall safety and freedome , and of just determination of his cause , he was 〈…〉 the just ( although 〈◊〉 ordinary 〈◊〉 ) way of appeale unto the represented body of the people , and in especiall to y●ur excellency and the body of this army , no other visible formall power for reliefe and protection appearing in the land , therein resigning , submitting , offering , and casting his person and cause ( as much as in him lyeth ) into the verge of our solemn engagement for deliverance and protection from the foresaid oppressours and tyrants , still surprising and usurping the place , name , and authority of the supreame auth●rity of this kingdome : that so in point of common liberty ( wherein every free commoners right is concerned ) he may be preserved from the unjust tryall and censure of his , this armies and the kingdomes open and dec●a●ed enemies , and suffer no longer nor any further oppression by them . and further , whereas according to , and in pursuance of the particular mentioned under the fifth head of the representations of the army , we did earnestly desire that leiuetenant colonel john li●burne , the said richard overton , with others in their condition imprisoned in and about the city of london , should be put into a speedy , regular and equitable way of tryall , or if the necessity of setling the generall affaires of the kingdom could not admit their present tryall , that then they might have present liberty upon reasonable security . &c. neverthelesse , no more justice or freedome can be obtained for them , then if such a desire of your excellency , and this army never had been proposed wherefore we your officers and souldiers being deeply sensible and intelligent , how insufferable & distructive , such anti-parliamentary illegal proceedings & commitments are to the lawes , rights , & liberties of the freemen of england how contradictory , derogatory , & contemptory such delayes & d●nyals of justice to the reasonable and just desires of the said counti●s , & to the proposall of this army are , we cannot but in equity ( as in duty we are bound to our own solemne engagement , and do hereby in pu●suance thereof , own the said appellant , to be with us numbred under the verge , power , and protection of this army , to be together and equally with us saved and defended from the further violence , oppression and injustice of the said usurpers and abusers of the places , name and authority of parliament , ours and this kingdomes open and declared enemies as well as his ; resolving , as much as in us lyeth , to make good our foresaid professions and promises of justice and right , to the said appellant equally as to our selves , in behalfe of the kingdom & of that common cause of freedome and liberty , wherein the said appellaent is engaged for the generall safety rights and immunities of the commons of england with the losse of his owne . and we do hereby represent our further resolutions , to conferre the utmost of our endeavours for his , his wives , his brothers ( together with leiuetenant colonel iohn lilburne and others imprisoned in the same condition in and about london ) present release and assumption into the power , custody , and protection of this army for the ends and purposes aforesaid , both for a just and free parliamentary tryall and judgment , and representations according to law . wherefore we humbly beseech your excellency , that you would be pleased to concurre with us , and with our councell of agitators who have ●●ready most justly ( concurred therein ) for the more orderly effecting thereof , and representation of the ame to the free legall parliament of england ▪ which was fo●●●d to fly to this army for refuge , that so no dssatisfaction may be administred either one waies or other . and your petitioners shall pray , &c. fjnis : a vindication of the commander in chief in scotland and the officers under his command in vindication of the liberties of the people and priviledges of parliament. albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vindication of the commander in chief in scotland and the officers under his command in vindication of the liberties of the people and priviledges of parliament. albemarle, george monck, duke of, - . broadside. printed by christopher higgens : [s.n.], edinburgh : at london, re-printed . reproduction of original in the huntington library. eng england and wales. -- parliament. england and wales. -- army. great britain -- history -- commonwealth and protectorate, - -- sources. a r (wing a ). civilwar no a declaration of the commander in chief in scotland, and the officers under his command, in vindication of the liberties of the people, and albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the commander in chief in scotland , and the officers under his command , in vindication of the liberties of the people , and priviledges of parliament . having to the great grief of our hearts , by information of a most unhappy difference fallen out between the parliament and some officers of the army at london , which hath occasioned the displacing of sundry officers : and also the interrupting of the members of parliament in the discharge of their duty . wee therefore , having earnestly besought the lord to direct us in this great and weighty affair , wherein the liberty , and peace of these nations , and the interest of the godly and faithfull therein is so nearly concerned , do find it our duty to declare , and do hereby declate , that we shall use our christian endeavours to the utmost , for the begetting a right understanding and reconciliation between the parliament and the said officers of the said army . and we do also declare , that we shall through the strength of god assert and maintain the freedom and priviledge of the present parliament , that was so often and lately acknowledged , the supream authority of the nations , and not suffer the members thereof to be illegally interrupted , or molested in the discharge of their duties . and we do solemnly vow to all the world , that our only intention in doing this , is to preserve the rights of our countrey , and to protect and encourage all the godly and faithfull therein , according to our declaration to the churches lately emitted and published : and likewise to establish the peace or these nations , and the government of a free state or common-wealth , to which we stand obliged by several vowes and engagements made before god and many witnesses . and as we have within us the testimony of sincere hearts , and unbyased consciences to encourage us in these undertaking : so we doubt not of the concurrent assistance of all the unprejudiced faithful in the land ; for whose sakes principally we are drawn forth to this engagement . and we therefore invite all our brethren of the army , and of the militia , and of all others that professe love to god , and to his people , and to their own , and their posterities liberty , to come and give us their chearful ayd in this work whereunto the lord hath called us , lest they be made a prey to the lusts of men , and then bewaile the losse of this opportunity which god hath put into their hands . signed in the name , and by consent of the commander in chief , and the officers of the army in scotland , vvilliam clark , secretary . edenburgh , printed by christopher higgens in harts-close over against the trone church , and re-printed at london for general satisfaction , . a briefe discourse, concerning the power of the peeres, and commons of parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. selden, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a briefe discourse, concerning the power of the peeres, and commons of parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. selden, john, - . [ ], p. s.n.], [london : printed in the yeere, that sea-coale was exceeding deare, . attributed to selden by stc ( nd ed.) and nuc pre- imprints. place of publication suggested by stc ( nd ed.) and nuc pre- imprints. signatures: a⁴. page misnumbered as . reproduction of original in the henry e. huntington library and art gallery. includes bibliographical references. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (stc ). civilwar no a briefe discourse, concerning the power of the peeres, and commons of parliament, in point of judicature. written by a learned· antiquerie, cotton, robert f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a briefe discourse , concerning the power of the peeres , and commons of parliament , in point of judicature . written by a learned antiquerie , at the request of a peere , of this realme . printed in the yeere , that sea-coale was exceeding deare . . a briefe discovrse concerning the power of the peeres and commons of parliament in point of iudicature . sir , to give you as short an account of your desires as i can , i must crave leave to lay you as a ground , the frame or first modell of this state . when after the period of the saxon time , harold had lifted himselfe into the royall seat ; the great men to whom but lately he was no more then equall either in fortune or power , disdaining this act , of arrogancy , called in william then duke of normandy , a prince more active then any in these westerne parts , and renowned for many victories he had fortunately atchieved against the franch king , then the most potent monarch in europe . this duke led along with him to this worke of glory , many of the yonger sons of the best families of normandy , picardy , and flanders , who as undertakers , accompanied the undertaking of this fortunate man . the usurper slaine , and the crowne by warre gained , to secure certaine to his posterity , what hee had so suddenly gotten , he shared out his purchasse retaining in each county a portion to support the dignity soveraigne , which was stiled 〈◊〉 〈◊〉 ; now the antient demeanes and assiguing to others his adventurers such portions as suited to their quality and expence , retaining to himselfe dependancy of their personall service , except such lands as in free almes were the portion of the church , these were stifed barones regis , the kings immediate freeholders , for the word baro imported then no more . as the king to these , so these to their followers , subdivided part of their shares into knights sees , and their tennants were called barones comites , or the like ; for we finde , as in the kings writ in their writs baronilus suis & francois & anglois , the soveraigne gifts , for the most part excending to whole counties or hundreds , an earle being lord of the one , and a baron of the inferiour donations to lords of towne-ships or mannors . as thus the land , so was all course of judicature divided even from the meanest to the highst , portion each severall had his court of law , preserving still the mannor of our ancestors the saxons , who jura per pag●s reddebant ; and these are still tearmed court-barons , or the freeholders court , twelve usually in number , who with the thame or chiefe lord were judges . the hundred was next , where the hundrus or aldermanus lord of the hundred , with the chiefe lord of each towne-ship within their limits judged ; gods people observed this forme in the publike centureonis & decam iudieabant plebem omni tempore . the county or generale placitum was the next , this was so to supply the defect , or remedy the corruption of the inferior , vbi curiae dominorum probantur desecisse , pertinet ad vice-comitem provinciarum ; the judges here were comites , vice-comites & barones comitatus qui liberas in 〈◊〉 terr●●●a●eant . the last and supreme , and proper to our question , was generale placitum apud london universalis synodus in charters of the conquerour , capitalis curia by glanvile , magnum & commune consilium coram rege & magnatibus suis . in the rolles of henry the . it is not stative , but summoned by proclamation , edicitur generale placitum apud london , saith the booke of abingdon , whether epium duces principes , satrap● rectores , & causidi●i ex omni parte confluxerunt ad istam curiam , saith glanvile : causes were referred , propter aliquam dubitationem que emergit in comitatu , tum comitatus nescit dijudicare . thus did ethelweld bishop of winchester tranferre his suit against leostine from the county ad generale placitum , in the time of king etheldred . queene edgine against god● , from the county appealed to king etheldred at london . congregatis principibus & sapientibus anglia , a suit between the bishops of winchester and durham in the time of saint edward . coram episcopis & principibus regni in presentia regis ventilate & finita . in the tenth yeere of the conquerour , episcopi comites & barones regni potestate adversis provinciis ad universalem synodum pro causis audiendis convocati , saith the booke of vvestminster . and this continued all along in the succeeding kings raign , untill towards the end of henry the third . as this great court or counsell consisting of the king and barons , ruled the great affaires of state and controlled all inferiour courts , so were there certaine officers , whose transcendent power seemed to bee set to bound in the execution of princes wills , as the steward , constable , and marshall fixed upon families in fee for many ages : they as tribunes of the people , or ex plori among the athenians , growne by unmanly courage , fearefull to monarchy , fell at the feet and mercy of the king , when the daring earle of leicester , was slaine at evesham . this chance and the dear experience henry the . himselfe had made at the parliament at oxford , in the . yeare of his raigne , and the memory of the many straights his father was driven unto , especially at rumny-mead neare staines , brought this king wisely to beginne what his successour fortunately finished , in lessening the strength and power of his great lords ; and this was wrought by searching into the regality they had usurped over their peculiar soveraignes , whereby they were ( as the booke of saint albans termeth them . ) 〈…〉 . and by the 〈◊〉 that hand of power which they carried in the parliaments by commanding the service of many knights , citizens , and burgesses to that great counsell . now began the frequent sending of writs to the commons , their assent not onely used in money , charge , and making lawes , for before all ordinances passed by the king and peers , but their consent in judgements of all natures , whether civill or criminall : in proofe whereof , i will produce some few succeeding presidents out of record . when adam●● that proud prelate of winchester , the kings halfe brother had grieved the state by his daring power , he was exiled by joynt sentence of the king , the lords and commons , and this appeareth expressely by the letters sent to pope alexander the fourth , expostulating a revocation of him from banishment , because he was a church-man , and so not subject to any censure , in this the answer is , si dominus rex & regni majores hoc vellent , meaning his revocation , communitas tamen ipsius ingressum in angli●m jam nullat●●us sustineret . the peeres subsigne this answer , with their names and petrus de mountsord vice totius communitatis , as speaker or proctor of the commons . for by that stile sir iohn 〈◊〉 , prolocutor , affirmeth under his armes the deed of intaile of the crowne by king henry the . in the . yeare of his raigne for all the commons . the banishment of the two spencers , in the . of edward the second , prelate c●mites & barones et les autres peeres de la 〈◊〉 & commun●s de roialme , give consent and sentence to the revocation & ●eversement of the former sentence the lords and commons accords and so it is expressed in the roll. in the first of edward the . when elixabeth the widdow of sir iohn de burgo , complained in parliament , that hugh spencer the younger , robert bold●●k and william cliffe his instruments had by duresse forced her to make a writing to the king , whereby she was despoyled of all her inheritance sentence is given for her in these words , 〈◊〉 〈◊〉 avis est al 〈◊〉 counts & barones & autres grand●s & a tout c●mmin●●●● de la terre , que le dit escrip● est fait contre 〈◊〉 & 〈…〉 per agard de● parliam●dam sue elloques al livre a la di● 〈◊〉 . in an. . edward . it appeareth by a letter to the pope , that to the sentence given against the earle of kent , the commons were parties , as well as the lords and peeres , for the king directed their proceedings in these words , comitibus , magnatibus , baronibus , & aliis de communitate , dicti regni ad parliamentum , illud congregatis injunximus ut super ●is discernerent & judicarent , quod rati●ni et justitiae , conventret , habere prae 〈◊〉 , solum deum qui cum concordi unanimi sententia tanquam r●rum crimmis 〈◊〉 majestatis m●rti adjudicarent ejus sententia , &c. when in the . years of edward . the lords had pronounced the sentence against richard lyons , otherwise then the c●mmons agreed they appealed to the king , and had 〈◊〉 and the sentence ●●tred to their desires . when in the first yeare of richard the second , william west●n , and iohn ●ennings , were arraigned in parliament , for surrendring certaine ●ores of the kings , the commons were parties to the sentence against them given , as appeareth by a memorandum annexed to that record . in the first of henry the . although the commo●s referre by protestation , the pronouncing of the sentence of deposition against king richard the second u●to the lords , yet are they equally interessed in it , as it appeareth by the record , for there are made proctors or commissioners for the whole parliament , one b. one abbot one 〈◊〉 baron , and . knights , & g●●y & erpingham for the commons , and to in●er that because the lords pronounceth the sentence , the point of judgement should be onely theirs , were as absurd as to conclude , that no authority was best in any other commissioner of oyer and terminer . then in the person of that man solely that speaketh the sentence . in . henry . the petition of the commons importeth no ●sse , then a right they had to act and assent to all things in parliament , and so it is answered by the king ; and had not the adjournall roll of the higher house beene left to the sole 〈◊〉 of the clarke of the upper house , who 〈◊〉 out of the neglect to observe due forme , or out of purpose to obscure the commons right and to flatter the power of those he immediately served , there would have beene frequent examples of all times to cleere this doubt , and to preserve a just interest to the common-wealth , and how conveniently it suites with monarchy to maintaine this forme , lest others of that well framed body knit under one head , should swell too great and monstruous . it may be easily thought for ; monarchy againe may sooner groane under the weight of aristocracie as it once did , then under democracie which it never yet either felt or fear'd . finis . notes, typically marginal, from the original text notes for div a e- 〈…〉 〈…〉 〈…〉 〈…〉 parl. ann. . e. . par. ann. . richa . . . . . and , . rot. parl. an. . h. . by the king, a proclamation for dissolving this present parliament england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for dissolving this present parliament england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) ; x cm. printed by charles bill, henry hills, and thomas newcomb ..., london : . broadside. caption title. royal arms (steele a) at head. "given at our court at hampton court the second day of july, ..." reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king , a proclamation j r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms for dissolving this present parliament . james r. whereas this parliament which was summoned to begin at westminster the nineteenth day of may , hath by several prorogations been continued to the two and twentieth day of november next ensuing ; the king 's most excellent majesty for weighty reasons hath thought fit to dissolve this present parliament , and doth by this his royal proclamation dissolve the same accordingly : and the lords spiritual and temporal , and the knights , citizens , and burgesses of this present parliament are hereby discharged from their meéting on the said two and twentieth day of november next ensuing . given at our court at hampton court the second day of july , . in the third year of our reign . god save the king. london , printed by charles bill , henry hills , and thomas newcomb , printers to the kings most excellent majesty . . a breif [sic] collection, of some forgotten votes of the commons alone of the lords and commons joyntly, and ordinances of both houses, reprinted to refresh their memories, and prevent all dishonourable and unjust actions, repugnant to all, or any of them. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a breif [sic] collection, of some forgotten votes of the commons alone of the lords and commons joyntly, and ordinances of both houses, reprinted to refresh their memories, and prevent all dishonourable and unjust actions, repugnant to all, or any of them. england and wales. parliament. england and wales. parliament. house of commons. england and wales. parliament. house of lords. sheet ([ ] p.) s.n., london : printed in the yeare anno dom. . quoted from two works cited in the left margin. annotation on thomason copy: "decemb: th". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a breif [sic] collectjon, of some forgotten votes of the commons alone; of the lords and commons joyntly, and ordinances of both houses, rep england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a breif collectjon , of some forgotten votes of the commons alone ; of the lords and commons joyntly , and ordinances of both houses , reprinted to refresh their memories , and prevent all dishonourable and unjust actions , repugnant to all , or any of them . * the uotes of the commons in parliament die iovis . maii . resolved upon the question , that this house doth declare , that if any person whatsoever shall arrest or imprison the persons of the lords and gentlemen , or any of them , or any other of the members of either house of parliament , that shal be imployed in the service of both houses of parliament , or , shall offer violence to them , or any of them for doing any thing in pursuance of the commands or instructions of both houses , shall be held disturbers of the proceedings of parliament , and publique enemies of the state . and that all persons are bound by their protestation to endeavour to bring them to condigne punishment . resolved &c. that this house doth declare , that those of the citie of london , and all other persons that have obeyed the ordinance for the militia , and done any thing in execution thereof , have done according to the law of the land , and in pursuance of what they were commanded by both houses of parliament , and for the defence of the king and kingdome , and shall have the assistance of both houses of parliament against any that shall presume to question them for yeilding their obedience unto the said commands in this necessary and important service . and that whosoever shall obey the said ordinance for the time to come , shall receive the same approbation and assistance from both houses of parliament . junii ▪ . * the message of the lords to the house of commons , upon the lord willoughby of parham , his letter and service in the execution of the ordinance concerning the militia . the lords have thought fit to let you know , how much they value and approve the endeavours of this lord in a service so much importing the safety of this kingdome , and they doubt not of your readinesse to concurre with them upon all occasions to manifest the sence they have , and shall retaine of his deservings , which appeares the greater , by how much the difficulties ( by those circumstances you have heard read ; ) have bin greater and as my lords resolve to make his interest their owne , in this service for the publique good and safety of this kingdome , so they desire you to joyne with them , in so good and necessary a work . resolved by the house of commons to joyne with the lords in this vote . * die martis ▪ aprilis . resolved upon the question by the lords and commons assembled in parliament , that the said houses do declare , that they do take it a an acceptable service in those citizens , or others who shall list themselves under the command of sheriffe langham , or such as he shall appoint , for the better security of the citty of london , and the counties adjacent . and the said sheriffe is hereby desired , to improve his interest and authority for the speedy advancing of so necessery a service . * die mercurii ▪ aprilis . an ordinance of the lords and commons assembled in parliament , that the committee for the militia of london , shall have full power and authority to raise new regiments of voluntiers , as well with in the said liberties , as without . whereas for better defence and safety of the city of london , whereon the safety and welfare of this present parliament , and therein of ovr religion , lawes , and liberties , do so mvch depend , divers well affected persons by approbation of the committee for the militia there , have with great care and industry ; as well within the city and liberties , as without in the neighbour parishes , obtained divers subscriptions for considerable numbers of honest and trusty persons not imployed in the militia or trained bands , as also for horse and armes , to intard the same might as necessary materialls be in readinesse to help forwards the preparations for a publick defence , in this time of eminent danger , &c. it is further ordered , declared and ordained ; that as the good endeavours of the said committee of the militia , the persons trusted by them , and those whom they have imployed in procuring the said subscriptions , as also of the subscribers , and others who have contributed , or shall concurre with them in forwarding and profiting of the said work , are and shall taken acceptable testimonies of their publick spirits and reall good intentions for the common good and safety , and the execution of the same , a good service to the common-wealth . so the said parties shall be by the power of parliament saved harmelesse , both for what according to the true meaning of the premises they have done , and shall doe herein for time to come . * die lunae martii resolved , &c ▪ by the house of commons , that the actions of the city of london , or of any other person whatsoever for the defence of the parliament or the priviledges thereof or the preservation of the members thereof , are according to their duty , and to their late protestation , and the lawes of the kingdome ; and if any person shall arrest or trouble any of them for so doing , he is declared to be a publique enemie of the common wealth . resolved &c. that this vote shall be made knowne to the common-councell of the city of london . rom. . . happy is he that condemneth not himselfe , in that thing which he alloweth london , printed in the yeare anno dom. . notes, typically marginal, from the original text notes for div a e- * an exact colection of all remonstrances &c p. . . notes for div a e- * ibid. p. . notes for div a e- * a collection of all the publique orders &c. lond. . p. . notes for div a e- * ibid. p. . notes for div a e- * ibid. p. in the appendix . an ansvver to a proposition in order to the proposing of a commonwealth or democracy. proposed by friends to the commonwealth by mr. harringtons consent; who is over-wise in his own conceit, that he propounds a committee of parliament, with above one hundred earls, nobles, members, gentlemen, and divines (named in his list) may dance attendance twice a week on his utopian excellency in the banquetting house at whitehall or painted chamber, to hear and see his puppet-play of a new commonwealth: the very first view whereof he presumes will infatuate alldissenting [sic] parties, spectators, and our divided nations by their example into a popish blinde obedience thereunto, upon his ipse dixit. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an ansvver to a proposition in order to the proposing of a commonwealth or democracy. proposed by friends to the commonwealth by mr. harringtons consent; who is over-wise in his own conceit, that he propounds a committee of parliament, with above one hundred earls, nobles, members, gentlemen, and divines (named in his list) may dance attendance twice a week on his utopian excellency in the banquetting house at whitehall or painted chamber, to hear and see his puppet-play of a new commonwealth: the very first view whereof he presumes will infatuate alldissenting [sic] parties, spectators, and our divided nations by their example into a popish blinde obedience thereunto, upon his ipse dixit. prynne, william, - . [ ], p. [s.n.], london : printed in the year, . anonymous. by william prynne. a reply to: a proposition in order to the proposing of a commonwealth or democracie. annotation on thomason copy: "june. .". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . proposition in order to the proposing of a commonwealth or democracie. great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no an ansvver to a proposition in order to the proposing of a commonwealth or democracy.: proposed by friends to the commonwealth by mr. harri prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ansvver to a proposition in order to the proposing of a commonwealth or democracy . proposed by friends to the commonwealth by mr. harringtons consent ; who is so over-wise in his own conceit , that he propounds a committee of parliament , with above one hundred earls , nobles , members , gentlemen , and divines ( named in his list ) may dance attendance twice a week on his utopian excellency in the banquetting house at whitehall or painted chamber , to hear and see his puppet-play of a new common-wealth : the very first view whereof the presumes will infatuate all dissenting parties , spectators , and our divided nations by their example into a popish blinde obedience thereunto , upon his ipse dixit . prov. . , , . a whip for a horse , a bridle for an ass , and a rod for the fools back . answer a fool according to his folly , lest he be wise in his own conceit . seest thou a man wise in his own conceit , there is more hope of a fool , than of him . london printed in the year , . a proposition in order to the proposing of a commonwealth or democracy . if the parliament shall be pleased to appoint a committee to receive mr. harringtons propositions for setling the government of this commonwealth ; it is humbly proposed that unto the committee of the house may be added the earl of northumberland . the earl of denbigh . the earl of clare . the earl of kingston . the duke of buckingh●m . lord grey of warke . lord faulkeland . lord lambert . lord bronker . richard nevil esq mr. nathaniel fiennes . lord maior of london . alderman titchborne . mr. thurlo . mr. william pierepoint . sir john eveling . mr. crew . mr. ansl●of ireland . mr. prynne . sir paul neal. serjeant maynard . colonel taylor . lord broughall . mr. hubard . mr. trevor ▪ captain adam baynnes . mr. josias bernards . mr. samuel moyer . mr. anthony samuel . major wildman . mr. maximilian petty . mr. william harrington . mr. wren . mr. baxter of kidderminster . mr. walwin . mr. brooks . mr. arthur eveling . mr. cook . dr. ferne . dr. haymond . dr. owen . dr. seaman . mr. calamy . mr. manton . captain andrew ellis . mr. chalinor chute . mr. slingsby bethel . sir cheany culpepper . sir henry blount . sir horatio townshend . sir anthony ashly cooper . mr. iob charleton . mr. edward waller . colonel harloe . major harloe . colonel iohn clark . mr. iohn denham . mr. morrice . mr. hugh bisscowen . sir george booth . mr. robert roles . dr. mills . sir orlando bridgeman . mr. robert stephens . mr. william iames . sir iustinian isham . lieutenant colonel kelsey . sir robert honnywood . mr. sedgwick . mr. philip nye . dr. thomas goodwin . colonel lilburn . charles howard esq ; ; colonel ashfield . sir thomas gower . lord com. bradshaw . general desborow . colonel iames berry . major william packer . praisegod barbones . sir william vvaller . colonel sanders . colonel hatcher . colonel edmond salmon . colonel francis hacker . mr. rich. knightley . colonel iohn burch . mr. iohn swynfen . mr. thomas bampfield . colonel iohn okey . mr. william kiffen . anthony pierson . colonel mosse . mr. frecheville of stavely . mr. iames morley . dr. philip carteret . captain richard dean . adjutant general william allen . mr. william forester of aldermarton . mr. edward harison . mr. arthur samwell . mr. samuel tull. mr. edward salloway . that this committee sit tuesdayes and fridayes , by three of the clock afternoon , in the banqueting house , court of requests , or painted chamber , the doors being open , and the room well fitted for all comers : and that mr. harrington having proposed by appointment of the parliament , such others may propose as shall have the leave of the parliament . this by friends to the commonwealth is proposed with mr. harrington's consent . the reasons for this proposition are these : it is the fairest way of proposing a government , that it be first proposed to conviction , before it be imposed by power . the persons herein nominated being convinced , it must necessarily have an healing influence upon all the parties , degrees or qualities in this devided nation . the answer . it is the desire of our three divided nations ; that there be no committee appointed by those commoners now sitting to receive mr. harringtons propositions for setling our old kingly government in his new way of a commonwealth , till the house of peers , and the secluded members of the commons house who sate in parliament till december . . be permitted freely to fit , debate , and vote in parliament , according to the statute of caroli , c. . by which the present conventicle pretends to sit . that this being done , a committee of both houses may be appointed to receive mr. harringtons propositions . and that the persons named in mr. harringtons list who are no m●mbers , with such other wise men as mr. harrington and the friends to his propounded commonwealth shall nominate , may have libertie to propose to the said committee what mr. harrington and they shall think fit in relation to the forming and erecting of the same . that to the end the said mr. harrington and his friends may in their proposals be kept within the bounds of sobrietie and moderation , according to the antient law of charondas , the law-giver of the athenians , ( the first erectors of commonwealths , ) mr. harrington and his friends may all come to the said committee with ropes about their necks , and in case they shall not convince the said committee ( and parliament ) that their new commonwealth is better , safer , and more profitable for the english nation , than their old legal hereditarie kingly governusent , that then they shall forthwith by sentence of parliament be carried to tyburne , and undergoe the penaltie of charondas law , to be hanged up by the neck as traitors and seditious persons till they be dead . but if their proposals take effect : that then mr. harrington for his rare invention and extraordinarie good service in minting a new commonwealth , shall have the monopoly of coyning all new harringtons , alias brass farthings , which shall henceforth pass for the onely coin of his new copper commonwealth , gold and silver which are royal mines & metals annexed to the imperial crown of the realm ) being as inconsistent with his new commonwealth , ( which hath swallowed them all up ) as kingship , and therefore to be banished with it . the committee is desired to sit every afternoon in the weeke by two of the clock at the sessions house in the old baily , or rather in the old kings bench court in westminster hall , being places open to all commers , and sitted for that end , without further charge to the poor commonwealth : that so mr. harrington and his friends may not be delayed from receiving a deserved execution , or glorious reward . this by the generality of our nations friends to our antient monarchy is proposed , and they hope to have mr. harringtons post-consent thereto . the reasons for this answer to the proposition are these : . it is the fairest way of altering our antient kingly government , and parliament , that they be first legally impeached and condemned to conviction before they be injuriously suppressed by armed power . therefore m. harrington must first answer m wren & m. pryns reasons in his new published true and perfect narrative ; for the restitution of our old hereditarie kings & kingship , as the best of governments , before he propound his new vtopian republike , to thrust them out of their long-enjoyed possession . . that mr. harrington and his friends being convinced of the illegality of the said commonwealth , and the dangerous consequence of proposing such a seditious novelties , against our old kingship and kingdomes , and duely executed according to charondas law , it must needes have a healing influence upon all the parties , degrees or qualities in these divided nations ; since the exemplary execution of such leading innovators wil so terrifie all others that they will not dare mutter one word for the future against our antient fundamental government by king , lords and commons ; which they are all obliged to maintain by sacred oaths and covenants . . all the three nations will judge mr. harrington and his republican friends are in good earnest for the government of oceana , and as valiant as sir john harringtons ajax , when they shall so fairely adventure a voyage to tyburne to introduce it . funis coronat opus . resolved upon the question , ( on mr. harringtons friends petition ) that dr. chamberlain shall attend him during all the time of his travel with his gigantick commonwealth , lest it should miscarry , and be strangled in its birth : that if the orifice of his brain or womb be so narrow that the doctors hands cannot usher it into the world without suffocation , that then ( caesar-like ) the general councel of officers of the army , shall violently cut it out of his womb with their swords , rather then it should be still born , though with the parents death : that if it be live-born , it shall not be christened , till it be able to render an account of its faith to cardinal mazarin , dr. owen , mr. nye , and john canne : that new dipped col. bennet , col. hewson , major packer , and lieut. col. allen , shall be godfathers ; the whore of rome , mrs. rolls , mrs. haggat , and mal cutpu●se godmothers to it : that it shall be then called by the fathers name , harringtons ( not englands ) commonwealth , and bear his arms instead of the superstitious red english crosse upon its forhead : that in the mean time it shall be strongly guarded night and day by the keepers of the liberties of england , and col. fleetwoods regiment , lest dr. chamberlains denn of thieves , or the queen of fayries , should fteal it away out of its cradle , and put a mishapen changeling without wit or reason , into its place , to the parents dishonour , and great disappointment of the hopes and prayers of all the publicans and sinners , falsly stiled , the godly people , and saints of the . nations , who rather desire to enjoy a share in the commonwealth and crown lands of england , scotland and ireland , than in the kingdom and crown of glory in heaven , bonum quo communius eo melius , being a sure principle , and the chief corner-stone on which they intend to build their new commonwealth , having little private wealth of their own , except brass harringtons , to inherit . finis . several votes of the commons assembled in parliament concerning such members of the house as have any ways ayded or assisted the king in the vvar against the parliament. die veneris, julii, . england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) several votes of the commons assembled in parliament concerning such members of the house as have any ways ayded or assisted the king in the vvar against the parliament. die veneris, julii, . england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : iuly . . votes and order to print signed: h: elsynge, cler. parl. d. com. no person who has aided the king, or acted by a commission of array, or sued out a pardon since may , or aided the rebellion in ireland, or is sequestered for delinquency, shall sit in this house -- cf. steele. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no several votes of the commons assembled in parliament, concerning such members of the house as have any ways ayded or assisted the king in th england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion several votes of the commons assembled in parliament , concerning such members of the house as have any ways ayded or assisted the king in the vvar against the parliament . die veneris , julii , . ordered by the commons assembled in parliament , that no person that hath been in actual vvar against the parliament , or hath acted by the commission of array , or voluntarily ayded the king in this vvar against the parliament , or that since the twentieth of may , in the year . hath sued for , or voluntarily accepted a pardon from the king , or hath directed , advised , assisted , signed or consented unto the cessation of ireland , or otherwise assisted the rebellion of ireland , or as stand sequestred by authority of parliament for delinquency , shall presume to sit in this house . ordered , that the persons that shall be comprehended within this order , shall incur the penalty of being put into the second branch of the fourth qualification in the propositions , concerning such members as deserted the parliament , and sate in the unlawful assembly at oxon. ordered , that such members as are in town , or within ten miles of the city of london , as shall conceive themselves concerned in this order , shall have liberty to present their case to the house , under their hand in writing , before thursday next . ordered , that the space of twenty days shall be given to such members as are not within ten miles distance of london , that shall conceive themselves concerned in this order , to present their case to the house under their hand in writing . ordered , that if any of the members to whom the liberty of twenty days is granted , shall come to the house within the said space of twenty days , shall have four days liberty onely within the said former twenty days , to present their case under their hand in writing to the house . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that these orders be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , iuly . . loyalty and fidelity, rejected and oppressed. or the case of george everett shipwright, truly stated most humbly offer'd to the commons of england, assembled in parliament wherein is briefly set forth, his zealous endeavours for promoting the service of the publick with the obstructions and illegal proceedings of some persons imploy'd in the administration of publick affairs. and the true reason of those false aspersions and scandalous reflections, layd on him by, the euemy's [sic] of the government. everett, george, shipwright. - ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) loyalty and fidelity, rejected and oppressed. or the case of george everett shipwright, truly stated most humbly offer'd to the commons of england, assembled in parliament wherein is briefly set forth, his zealous endeavours for promoting the service of the publick with the obstructions and illegal proceedings of some persons imploy'd in the administration of publick affairs. and the true reason of those false aspersions and scandalous reflections, layd on him by, the euemy's [sic] of the government. everett, george, shipwright. p. [s.n.], london : printed in the year. / . dummy reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng everett, george, -- shipwright -- early works to . england and wales. -- royal navy -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion loyalty and fidelity , rejected and opressed . or the case of george everett shipwright , truly stated ; most humbly offer'd to the commons of england , assembled in parliament wherein is briefly set forth , his zealous endeavours for promoting the service of the publick with the obstructions and illegal proceedings of some persons imploy'd in the administration of publick affairs . and the true reason of those false aspersions and scandalous reflections , layd on him by , the euemy's of the government . london , printed in the year . / . to the honourable the knights , citizens and burgesses , assembled in parliament , the case of george everett , shipwright , truly stated , and most humbly offered , to the consideration of this august and honourable assembly . most worthy senators . having made observations of great abuses and enormities , committed in his majesties navall-yards ; i did in march / . make proposalls to the lords commissioners of the admiralty , for saving . pounds per annum in building and repairing the royall navy ; with a proposed method to raise money to carry on that service ; which might have been effected by procureing . pound per mensem which said proposall appearing to be both practicable and profitable to his majesty , and the kingdom , was then approved of by the right honourable the earl of orford , and several eminent members of this honourable house , and was certified so to be , under the hands of the lord berkley , sir , ralph delavall , the earl of danby ; the lord mayor of london , and several other preceding and succeding mayors and aldermen of the said city , and several other eminent persons , together with the master , wardens and assistants , of the company of shipwrights of london , copies thereof were laid before their lordships and aft●r often attendance being admitted a hearing at their board the day of fabruary ( the commissioners of the navy then present ) the said proposal was rejected ; which being presented to his majesty , in councell , the st . of march , his majesty did then refer the same to the aforesaid lords of the admiralty , which being laid before them the of the said month , their lordships ( after often attendance ) did on the th . of april , acquaint me that they had referred the same to the commissioners of the navy . the proposer attending their honours , on the twenty-seventh of april did lay before them a copy of the said certificates with several heads in order to demonstrate his said proposal , but finding by their dilatory proceedings , that they were not enclinable to espouse the same ; did on the of may , offer to their honours by many witnesses , to prove that by the idle and extravagant practices ; committed in the said yards . poun per annum , was wasted and destroyed : but the said commissioners instead of takeing notice thereof ; did defer me from time to time ▪ but with much difficulty they apointed to hear me the of june , when apearing with witnesses : viz. master shipwrights , who were ready to testify what was alledged , there was but two of them with my self admitted , and heard , and that in a clamarousmanner their honours threatning and browbeating them , the whole time which was near , three hours , and then by degrees departed out of the room , leaving us there without order of withdrawing or further attending . and on the th . of june their honours did make a large report to the lords of the admiralty full of reflections , prevarications , and manifest falsehoods ; wherein they set forth that they have not heard of any of the said miscarriages . after which i attending the lords of the admiralty , did lay before them several schemes in order to confirm and demonstrate the said proposals . and did produce many witnesses to provetheforesaid enormities and abuses , but was often deferred and disappointed , and in july . i was twice advised by mr. southern the then secretary , of the admiralty , that their lordships would make a report to the council board , the th . of the said month , which i signified to her late majesty and many lords of the council who did encourage the same , yet no report was made thereof untill the th . of january following , whereby i incurred their lordships displeasure as the author , of that disapointment ; and that between the apointed and real time of delivering the said report , i often prayed the lords of the admiralty to grant me a copy of the navy-boards report , which i could not obtain , but at length was admitted to hear part of the same read ? which i observed to be as before represented ; i gave their lordships an answer ther eunto in writing , and did also move their lordships , to hear evidence to prove my allegations , in order to refute the said report , and discover the said enormitys committed in the said yards , and after several delays and disapointments , my request , upon the motion of collonell austin deceased , was allowed , and a time apointed to hear them ; viz. the th . of october , . pursuant whereunto i did attend with several articles , containing great abuses , and enormities committed in the said yards , with persons , most of them master-shipwrights , to prove the same , and being called in about of the clock , capt. priestman being only present with the secretary , did tell me that there was no board , and he believed that the rest of the members had forgot my business , and did then direct me to attend with the witnesses at in the afternoon ; in answer to which i presented his lordship with several depositions ready drawn , praying his lordship to consider the charge and trouble i had been at in getting so many men together , most humbly praying that they might then be examined , and their affidavits taken ; which his lordship refused . but attending according to order the said witnesses being examined , did testify my allegations , and did offer to confirm the same upon oath , but were not admitted ; their lordships then ordering mr. burchett one of their clarks to examine them over again in another room , which he did in a threatening manner ; not suffering them to subscribe their names thereunto : and then apearing again before their lordships , they directed me to get them sworn before a justice , of the peace , and bring the depositions to them . pursuant thereunto on the th . of november , i did return them the depositions of men ( true copies thereof being ready to be produced ) wherein was proved under . heads , many great abuses and enormitys committed in his majestys yards ; and by reason the act for stampt paper was not then well understood , i was at the charge and trouble to have them thrice sworne , which cost me above pound and that on the th . of january aforesaid , which was two months after , a report was made thereof to his majesty , wherein their lordships set forth , that they had heard the proposer and several persons produced by him , and had the advice and report of the navy-board ; but did not think fit to alter the oeconomie of the navy ; but did agree with the proposer for * paying the workmen of the yards with ready money , wishing that the state of affairs would admit thereof ; which would certainly give dispatch to his majesty's service , and save his treasure , tho' not near so great a summ , as the proposer imagined . all which his majesty on the . of january , was pleased further to refer to the lords of his most honourable privy councell , appointed a committee of trade and plantations ; before whom , on the of april , the report of the navy-board , was proved to be false and prejudicial to his majestys service ; and that several other illegall practcies were so fully proved before their lordships , against several officers belonging to the said yards then present , that the president of the councill did declare , that plain matter of fact was fully proved against them ; and that most honourable board did also declare that it was high time to make a reformation in his majestys yards , and that they would appoint a time to consider of the means . but the proposer considering that nothing could conduce so much to an effectual cure as the laying the wound more open , did on the th . of april lay before their lordships several aditionall articles relating thereunto , which their lordships did gratefully receive ; giveing the proposer encouragement beyond expectation ; but on the discovery of the plot ( as i remember ) their lordships time then not permitting to examine the same , that matter was referred to the lords of the admiralty , where the said abuses were so fully and plainly proved , that one of their lordships did solemnly protest that things were come to such a pass , that he did believe it was impossible for an honest man to be amongst them . and after i had proved what i had offered , ( the whole matter being several days under examination , which is briefly drawn up in five sheets of paper ready to be produced ) their lordships did in september make another report to the lords of his majesties most honourable privy councill , apointed a committee as aforesaid , wherein they set forth that they had heard the proposer , and other evidence , and that they had dismissed several offenders , and signed ordres to prevent the like abuses for the future . but i never heard of more then one person viz. the master boatmaker of portsmouth , that was dismist amongst them all . after this the lords of the councill appointed a committee as aforesaid the d. of febuary ⅚ did send for me and at my appearance did tell me that it did appear to them , that i had done the nation a sigual piece of service ; and that i should be well rewarded for the same ; directing the clark of the councill then attending , to draw up their report to the king , highly in my favour ; and that most honourable board did then also move his grace the duke of shrewsbury , to recommend me to his majesty for a reward ; whereby his majesty by an order of the d. of february , . was graciously pleased to direct the lords of the admiralty to put me in some employment in the navy , or give me a suitable reward and bounty for my good service , care and pains : which after three years attendance to my damage , in expence of time and money . pounds , i was disdainfully put off with . pound without correcting those abuses , and extravagant practices . and altho' the proposer and his proposalls were so slighted and rejected by the admiralty and navy-board , yet i do affirm ( that which no unbyassed person can deny ) that the said summ of . pounds per annum , might be now saved in building and repairing the royal navy , and that without any damage to the oeconomie , as they call it , if a reformation should be made agreeable to what hath been proposed , and sutable persons imployed in the management thereof . to which i add that . pounds per annum , might be saved in the navall affaires , if that service were well managed . that in the year . i printed and delivered proposals to the parliament , for supplying the royal navy with able seamen and marriners upon all occasions , and preventing many abuses committed by disorderly pressmasters , both by sea and land , together with the saving severall immence summs of money , yearly expended in impress , conduct and bounty money , with the charge occsioned by employing pressmacks , and keeping seamen in pay the winter season , and secureing the publick trade of the kingdom in time of war , as also preventing several hardships imposed on seamen , and marriners , to the ruin of many thousands of them and their families , as is set forth at large in the said proposall . after this being informed of great embezelments made of his majesties navall-stores , and being encouraged by his majestys royal proclamation of august . i obtained warrants of the commissioners of the navy in the year , to seize such stores ; and altho' their honours told me that they had granted several ▪ warrants but had not any returns made thereof ; yet i made such discoveries , that one of the commissioners at the board told me he believed all the merchants-ships , were fitted with the king's stores , and at harwich i seized several parcells of the king's navall-stores ; perticularly one great parcell of new cordage to the value of pounds , which upon a tryal ill managed a verdict , about two years after , was given against the king , and that my self and others ( for seizing the same ) were abused as thieves and robbers , and our vessell hired by the commissioners of the navy , was seized by an officer of the custom-house , to the great prejudice of the owner , as also of my self and others : yet it is most notoriously evident , that the said goods were really embezeled stores , as the lords of the admiralty did confess , and i can plainly make appear , with the whole proceedings of that voyage , and the refractory proceedings of several of his majesties officers belonging to that place , with their rejecting and contemning his majestys royal proclamation , as also the warrants granted by the right honourable the earl of romney , and the commissioners of the navy . a complaint at large hath been laid before the said commissioners and the lords of the admiralty , and several affidavits made thereupon without the least redress : and the said commissioners of the navy , to stop my further progress in that matter , have not only denied their warrants to search , but did also refuse to pay the thirds pursuant to his majesties said proclamation ; untill the offenders were convicted : and to put a full stop to such discoverys , they have often declared , that the said proclamation was against the law , and have threatened me at their board for asserting his majesties perogative in granting the same . and by their employing their sollicitor mr. whitaker , to prosecute the offenders , as by many letters i have in my custody it is manifest they did , many offences were stifled , and several others , viz. bills preferred and found at hickses-hall in july . with others indicted at other times and in other countys , were never prosecuted , whereby that service was obstructed ; forasmuch as there could be no conviction , without a prosecution , nor no rewards before conviction ; with many other obstructions too many here to enumerate . and complaints thereof being made to the admiralty and navy boards , they referred the matter to him the said whitaker ▪ to give advice what to do therein . and being credibly informed of a nusance occasioned by water in his majestys double-dock at portsmouth , about september . i made a proposal ▪ the commissioners of the navy , to clear the same , and was referred to the surveyor of the navy ( as the proper person concerned in such affairs ) who told me they had engines already to do that ; but if i would clear the double-dock at chatham , i should do the king a signal peice of service and be well rewarded ; whereupon on the th . of october , i laid a proposal before their board to clear that nusance ; upon which their honours directed me to go to chatham , and discourse the officers of the yard about it ; which accordingly i did , and made observations of the condition of the dock , whereby i observed , that by reason of a large continual spring the one half of the dock was rendered useless , but i haveing before accused some of their officers of some illegal practices that were fully proved against them at the admiralty-board , they told me that sir. samuel moreland , and others had attempted to do the same , putting the nation to a great charge , to no effect , and seemed to be regardless whether the said nusance were removed or not ; but having considered the whole matter , i made a tender to the navy-board the d. of november to remove the said nusance for a certain summ of money to be paid when the work was compleatly finished , and not before , giving , several reasons of the conveniency that would attend the removeing the same ; but my offers for some pretended reasons were rejected , and the nusance continnued , and my self put off with . s. for my charge and trouble in going thither . about two years since i made proposals to the king to save one quarter part of what was expended in transporting his majesties subjects , prisoners at war ; his majesty in councill the th . of march / was graciously pleased to refer the same to the commissioners imployed on that service who ( to obstruct the king's service ) did on the th . of april make a false report to his majesty which being referred to a committee of councill , they the said commissioners did falsely iustify the same ; whereby the said proposal was rejected , notwithstanding the proposer offered to give what security they were pleased to demand . that on the d. of may , . i made a proposal to the lords of the admiralty for saving one full half part of what was expended on that service , offering suficient security , for the due performance thereof , and being by their lordships directed to attend the said commissioners , which i often did , they , after five-weeks attendance , made another report full of prevarications , and falshoods , whereupon i prayed a hearing at their lordships-board , but could not obtain it , whereby the d. proposal was rejected to the great prejudice of his majestys service . in february . i presented his majesty in council with a proposal for the re-building white-hall , out of the imbezelments of prizes and prize goods and did also propose to clear the ruines thereof for . pound ( but could never get the same read. ) at the first sitting of the last sessions of parliament , i made proposalls to the right honourable the lords of his majestys treasury for raising . pounds per annum , for the publick service , which might beraised without any sensible burthen to the subjects , which is remaining under their lordships consideration . and in april last , my self , with a friend , made discoverys to the commissioners of the customes of . hogsheads of french wines , which were imported in one of the king's ships , which after she was unrigged at plymouth , was suddenly refitted , and made a voyage to brest in france , where the said wines were laded , and upon her arrival again at plymouth ( to defraud the king of the french-dutys ) the capt. got one of his men to swear they were spanish wines loaded at st. sebastians , and the same was so entered , and part thereof delivered there , the rest brought into the port of london , ( this expedition cost the king near . pound ) and in regard the witnesses who were to prove the same were under the check of the capt. i desired the commissioners to send a summons , to a person that we would name , to testify the same , but they refused so to do ; but to carry on the discovery , my friend obliged himself to make good the mans wages , if the capt. did prick him run . whereupon the person made an affidavit , and hogsheads were seized , and put into the kings ware-house , and afterwards the commissioners compounded with the capt. for pounds , which they received ; and after three months attendance they flowting us for attending for a noone wayters place , ( instead of a moyety which the law allows us ) they gave us but . pound . s. we also gave them an account of another capt. that had embezeled some prize goods , to the value of . pound , and delivered marchants goods at unseasonable hours , at deal , chatham , and the hope ; whereby his majesty was defrauded of the dutys , to prove which we were at the charge to produce witnesses and affidavits , but they took no notice thereof ; neither would they return the affidavits altho' we often desierd it . and whereas by one act of parliament made anno quarto et quinto of his present majesty and the late queen ; entituled an act for continuing the acts for prohibiting all trade and comerce with france , and for encouragement of privateers ; it was enacted that all prize ships and goods , should be preserved entire and free from embezlements and not be pillaged in any case whatsoever ; with directions for selling the same , and applying the proceed there of for the use of his majesty , and the encouragement of seamen . and hearing by dayly complaints how the said act was violated by several commanders of his majestys ships , who not regarding the said law , did frequently sell such ships and goods by wholesale , as also great part . of the cargo and furniture of others , to the great prejudice of his majesty and seamen , who thereby were deprived of their shares and proportions allowed by the said act. and in order such commanders should make restitution , ( about months since ) i certified the same to the commissioners for prizes , who promised to give me a reward if i could make it appear ; which accordingly i did , and two ships , upon the evidence that i producd , were condemned in the admiralty court the th . of march last , but the said commissioners sending for the capt. that sold them , he produced an account upon oath in the nature of debtor , and creditor , and in the ballance remains debtor to the king about . pounds . at my next attendance the commissioners shewed me the account , and told me i was a pretty man to trouble them with such storys ; ading that the capt. had given them an account upon oath , telling me that i might take the same into another room and peruse it , and return it again to them , which acordingly i did , acquainting them that the said ships were worth ten times more then the capt. represented them ; as i was ready to prove , which ( on behalf of the seamen ) i have since proved in the high court of admiralty , but they gave me a slight answer , telling me there was pounds coming to the king ; advising me to go to him for a gratuity ; several other great embezlements of prize goods and furniture of prize ships i laid before them ; desiring their honours to order the king's proctor to sue for his majesty , which they refused , but at length they did send their sollicitor with me to give him directions to prosecute the offenders ; wherupon one of them was arrested at the king's suit , and bail given but when i attended the proctor to give my assistance in the premises . he told me that unless i would defray the charge , he would not proceed any further , whereby those embezlements to the value of ▪ pound were wholely lost , without any recompence for my charge , and trouble . these and several other great embezlements , abuses and enormitys relating thereunto , i laid before the right honourable the lords of his majestys treasury the th . of january last , their lordships then directing me to prove the allegations thereof , which by substantiall evidence i could do if i were at liberty . in december last i laid before the lords of the admiralty a moddell of an invention for the effectual weighing of great anchors , in any weather , far beyond any contrivance for that service , ( which by demonstrable proof i can readyly make appear ) which haveing past their lordships approbation , with the commissioners of the navy then present , is now remaining , by their lordships order , at their office under consideration . and whereas by one other act passed the last sessions of parliament entituled an act for the better preventing the imbezlements of his majestys stores of war &c. it is enacted that it shall not be lawfull after the th . of june . for any persons , not being contractors with his majesties commissioners , to make any stores of war , or navall persons with the kings mark , on the penalty of . pound , and that all persons in whose custody any such stores shall be found so marked , not being employed in his majesties service , being indicted and convicted , for concealing or having such goods in their custody , possession , or keeping , shall forfeit such goods , and the summ of . pound ; unless upon tryal certificates shall be produced , under the hands of three commssioners to shew the cause and reason of such goods coming to their possession ; and that if any action be brought against any person seizing or discovering the same , he shall not be damnified thereby , unless the person in whose custody such goods were found , did produce and shew such certificate as aforesaid before such suit or prosecution was commenced . and having since the th . of august last ( being encouraged by the said act ) made several discoverys of navall stores , marked with the king 's mark ▪ i did , with one john sartain , indict several offenders at hickses-hall the begining of september , and before we received notice for tryal , the said john sartain did apply himself to the lord 's of the admiralty , who promised him great encouragement , telling him that they would direct the commissioners of the navy to take his discoverys ▪ and prosecute the offenders , but his reward should come from them . and upon his attending the said commissioners they directed him to give them an account of all discoverys , which accordingly he did ; and their honours gave him their warrants , directed to his majestys peace officers , to bring the offenders before them or some other justices of the peace , to answer the premises . pursuant thereunto several offenders were carried before them , and discharged by them , without takeing any cognizance of the fact ; which being notified to other justices they refused to meddle therein . and when the persons indicted were to be tryed , mr. whitaker sollicitor to the admiralty and navy-board ( being directed by them to prosecute the several offenders ) did advise us that the indictments we had laid were not good in law ; and that he had prepared others which were prefered and found by the grand-jury , and the former quasht ; and when those causes came to be tryed , the court was of opinion , that they had not power by the said act to try the same ? whereby the offenders were acquitted . after which i desired they might be indicted in the crown office , but mr. whitaker alledged that was not a proper place , adding that the said act was defective , and that he would take care it should be amended the next sessions of parliament , and that in the mean time he would indict them at hickses-hall for trespasses and misdemeanors and after they were convicted he would sue for the penalty in one of his majesties courts at westminster . but being urgent to carry on the prosecutions i attended him before the last sessions of the peace , and then he told me he would prosecute all those , within the iuridiction of the old-bayly , in that court , at their next sessions , and the others at the assizes ; he being advised by the kings councill that the quarter-sessions was not a proper place , directing me to give him a list of all discoverys above s. value , adding that the smaller matters should be refered to the commissioners of the navy , for that the prosecuting , such would be lookt upon in court as vexatious and oppressive to the subject . pursuant thereunto i did forthwith carry a list of all such discoverys , but he not being to be found ; i did the next day send the same by john sartain who delivered it to mr. whitaker , and then mr. whitaker told him that the old-bayly was not a proper place to sue in , but he would prosecute them above this term , directing the said sartain then to attend him . but instead thereof , an order was procured from 〈◊〉 king for our prosecution . and by vertue of the recorders warrant we were both taken up and committed , for procuring warrants from the commissioners of the navy , on pretence of detecting abuses committed in embezleing naval-stores , and instead of bringing the offenders to justice , have compounded with them to stifle the offence , and not prosecuted them according to law. . in answer to which , i do aver , that since the year i have not procured any warrant from the commissioners of the navy , or any other person , to search for embezled stores ; neither been privy to any warrant produced or granted , or pretended to be granted by the commissioners of the navy for that purpose ; neither have directly nor indirectly compounded with any person in whose custody any such stores have been found , not to prosecute them ; neither been privy to the taking any summ or summs of money to stifle any prosecution , but if any small summ of money was received ; it was as a corroborating evidence of the offenders guilt ; or to allow them some small time to produce ( as they pretended ) such certificates as the said act directs ; and being , as aforesaid , advised by mr. whitaker that the said act was defective , i have declined making any further discoverys since the th . of october last ; and for the same , with the foregoing reasons , not having yet the benefit of the assizes , have not yet convicted any offender ; neither hath any person been yet convicted by virtue of the said act. so that if any such prosecutions has been deferred it was by a contrivance of the admiralty and navy boards , and their solicitor , or thro the deficiency of the said court who re●●●●●●●fused to try the same ; whereby it is manifest , that for my integrety in promoting the publick interest , i have offended many of the publick enemies , who being incensed against me , have a long time been contriving my ruin ; often threatning my life , with other terrible and shameful punishments , themselves and their agents boasting of their security by their great interest and friendship at court. . on the th . of january last i presented to this honourable house , a paper intituled a word in season , containing a general account of some publick grievances , with particulars relating to the imbezeling of prizes and prize-goods , with some proceedings of the commissioners for prizes , which i intended to unfold to this honourable house , ( which i conceive was the only motive that moved my adversaries to bring on this prosecution against me ) but having on the d. of january gave notice by letter to mr. lowndes , that i could make discovery of prizes and prize-goods imbezeled to the value of l. and more , and the lords of the treasury being pleased to give notice by the gazett of the th . that they would give all due encouragement provided i could make out the same , i did on the th . of the said month lay before their lordships articles relating thereunto , the greatest of which might by this time been proved if i had not been restrained of my liberty ; but by reason of my confinement some of them has been presented to this house by other hands , and my self thereby partly circumvented in my design ; so that for indeavoring to serve my king and country , i have not only spent my time and substance , but have also purchased many powerful adversaries , who to stop me in prosecuting the publick interest , have and do contrive all ways and means to work my overthrow , which is no other then the real effects of prejudice , for under those specious pretences before recited , they have prevailed with his majesty to grant his order for my prosecution , which being effected i was committed the th . of january , and in the post-boy of the th . exposed as if i had been the greatest criminal in the whole kingdom ; and to prevent me from carrying on my prosecutions , the dice are turned upon me , and the offenders , by a secret combination , are become my prosecuters , which i humbly conceive is contrary to the constitution of this government , forasmuch as i have endeavoured , as much as in me lay , to prosecute the offenders , by exhibiting informations and perferring indictments against them as before recited , for which i conceive i ought to have the priority in prosecuting , and then if they or any other person can charge me of doing any unlawful act either in perjudice to the king or subject , that then they may proceed against me according to the utmost severity of the law. but being supprized and carried before sir john houbland , who would not accept of any but city bail , which i having no acquaintance there could not produce , i was committed as aforesaid the st . of january , and on the th . summoned on the penalty of l. to make my personal appearance at the kings-bench-bar ( on the th ) to answer an information in the crown against me for certain trespasses , contempts and misdemeanors . being informed the th . instant , that no information was then filled against me , and being charged with so black a crime , my friends were affraid to come near me , some of them being threatned with the same fate if they do assist me , so that being deprived of friends and bare of money by reason of my several services for the publick good ; being ignorant in the law and without advice am now remaining in a deplorable condition , not knowing how to defend my self against this violent prosecution . and the said john sartaine is bound by recullisans to appear at the old-baily the next sessions of the peace , and is also summoned on the penalty of l. to answer an information at the kings-bench bar for the aforesaid pretended offence , and my self confined a prisoner in the city liable to the same penalty for not appearing at the kings-banch-bar according to summons . . the premises thus truly stated , manifest it is , that the villifiing and abusing me , as a rogue of the greatest rank , for doing the duty of a faithful subject , for putting the laws in execution , is ( as i humbly conceive ) a reflection upon the judicious proceedings of the law-makers ; forasmuch as the same reason that induced them to make such laws , encouraged me to put the same in execution , and whereas i am charged for stifling prosecutions , i do most humbly take leave to acquaint 〈◊〉 honours that after the expence of l. in prosecuting a captain the last mickahnus term for embezeling a prize-ship and goods to the value of l. after two motions to defer the same , and two appointments for the tryal , the last of which was the last day but one of their sitting out of term , altho the cause was called , and the jury ready to be sworn , i was then disappointed by reason that one of my counsel ( after he had taken his fees ) departed the court ; true it is the lord chief barron , to his everlasting praise , did as much as in him lay to bring the cause to tryal , which being about nine of the clock in the evening , did declare that he would be contented to hear it that night or the next morning or afternoon , adding that there should be no complaint against him ; so that if any neglect has been in carring on any prosecutions i humbly conceive it ought not to be laid to my charge . . and forasmuch as it is the undoubted right of this honourable house to enquire into and redress publick grievances , so i humbly conceive that every subject hath the priviledge to lay such grievances before them , provided it be done with decency and respect ; and finding ( by dear-bought experience ) that no redress was to be obtained elsewhere , i did ( with most humble submission ) present to this honourable house , in hopes of their honours protection , the aforesaid paper intituled , a word in season , wherein is set forth , under several heads , many publick and unparaleld grievances committed during the late war , which i shall be ready to prove whensoever this honourable house will be pleased to hear the same , whereby it will evidently appear what persons has been employed in the administration of publick affairs , and how far i have indeavoured to promote the publick interest ; most humbly praying your honours to consider the strength of my powerful adversaries , and vouchsafe to sheild me under the protection of this honourable house , until some method may be found for carring on those prosecutions which ( it is said ) i have compounded and stifled ; not that i fear the law , but being ( for my integrity and diligence ) surrounded with many potent enemies , who , if it be possible , will turn the true course of the law to my prejudice , which if i can but obtain the favour of being heard before a commitee of this honourable house , i doubt not to make my innocence appear and gain repute thereby ; which to effect , having little acquaintance with the honourable members of this house and being under confinement , i do most humbly pray that this my case may obtain the effect of a petition and that a commite may be appointed to examine the allegations thereof , otherwise no person can be in safety that doth apeare against publick offenders , who if their mersenary , corrupt and illegal practises be countenanced and continued , then it consequently follows that the generality of mankind will indeavour to imitate them , whereby the design of all that is good will be defeated , and this once so flourishing a kingdom , become the most miserable , without hopes of recovery . . to which i most humbly add that , at my first appearance upon the publick stage , i did not design any advantage to my self , but that the nation being ingaged in an expensive war , might by frugallity the better carry on the same , i being then in a thriving condition , altho since reduced , by carring on my several services . in all which if it should appear to this most honourable house , that the detecting and discovering publick grievances and the making proposals and tenders to save the publick treasure , and to serve the publick as i have done , is now become so great a crime , that then i ( who conceived otherwise ) may for this time obtain a pardon for my simple integrity , and that some law may be passed to make the same criminal for the future , to the end other well-meaning persons may avoid the like unhappy fate . . thus having briefly laid before this honourable house my case , with a summary of my proceedings , i do most humbly submit the same to the consideration of this most august and honourable assembly , to whom ( as the fountain of justice ) i do most humbly make my appeal in this exigency , and that god allmighty may bless you in all your counsels and consultations , and that they may center in the redressing the publick grievances and calamities of this kingdom , is and shall be the prayer of your honours most obedient , tho' envied and afflicted , servant , george everett . poultry counter the th . of february , . finis . notes, typically marginal, from the original text notes for div a -e * the paying the workmen with ready mony , being the basis of my proposal , might hapily been effected , with procuring as proposed . pounds per mensem which their lordships did report , would certainly give dispatch to the service and save the king's treasure which is a full demonstration of the certaintie thereof , and of their lordshpis omission in not putting the same in execution . the case stated concerning the judicature of the house of peers in the point of appeals holles, denzil holles, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case stated concerning the judicature of the house of peers in the point of appeals holles, denzil holles, baron, - . , [ ] p. s.n.], [london : . reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords -- rules and practice. appellate procedure -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case stated concerning the judicature of the house of peers in the point of appeals . printed in the year , mdclxxv . the case stated concerning the iudicature of the house of peers , in the point of appeals . one chief end of parlaments , besides that of making good and wholsome laws for the well governing of the kingdom , is to redress and reform abuses of inferiour courts , and to direct them in cases of great difficulty , when by reason of some circumstance in matter of fact , the law is not so plain , as that they can proceed to give relief to such suiters as stand in need of relief and demand it ; and then have those courts applied themselves to the parliament for advice and direction : whereas in other cases , where there hath been either a perverting of justice in giving a wrong judgement , or a wilful delay of justice , in giving no judgement at all , there the party grieved complaining to the parliament , finds that remedy , which his case requires . therefore is it that . r. . n. . the commons pray , that a parliament be yearly holden to redress delays in suits , and to end such cases as the iudges doubt of . now the next thing to be enquired into , is how , and in what manner , the parliament doth exert this power of judicature over inferiour courts , and where , and in what part of the parliament this jurisdiction is lodged , which i think will be easily made out , to be singly and solely in the upper house , the house of peers , that there it is , and hath ever been both de facto & de jure . that it hath been practised so , you have multitudes of presidents , sometimes in case of delay in justice , sometimes in case of an erroneous proceeding in the application of it : as in the . e. . in the case of sir iohn and sir ieffery stanton ; sir ieffery comes and complains to the house of lords , of delay in the court of common pleas , the house of lords first send to those judges to proceed to judgement , by a writ containing the whole matter as it was represented to them , with this ; that in case the judges there could not agree in regard of difficulty , or any other cause , they should then come into parliament , and bring with them the record of the whole process , which sir iohn stonore the chief justice did ; and then the house of peers , ( as it is expressed in the roll ) : les prelats countes barouns & autres du parliament , and who those autres were , is likewise expressed ( not any of the lower house , but ) le chaunceller , tresorer , iustices del un bank & del autre & autres du conseil du roy ( that is , those who were assistants in the house of peers , as the attorney , and others of the kings learned counsel , and even the chancellor and treasurer , if they were not peers ) they declare , est finalement accordez , the roll saith , it is finally agreed , what the judgement shall be , and they command those judges , quils en lour bank aillent le iugement rendre , that they go and pronounce that judgement in their bench. but there is an act of parliament in that . of e. . c. . ( and that act is still in force ) which shews the right of such a judicature to be in the house of peers : it ordains , that a prelate , two earls , and two barons , shall be chosen every parliament , who shall have a commission from the king , to hear the complaints of those that will complain unto them of such delays or grievances done to them in the chancery , kings bench , common bench , or exchequer , shall cause the iudges of the court , where such delay is complained of , to come before them with the whole process in the cause , may call to them the chancellor , treasurer , iustices of either bench , and barons of the exchequer , as they shall think fit , to assist them : so shall proceed to take a good accord , and make a good judgement , and then send that to the iustices before whom the plea did depend , with order that they hastily go to give judgement accordingly . and if the case were of such difficulty , as that they could not well determin it , they were then to bring it to the next parlaement , where a final accord was to be taken , what judgment ought to be given , which was to be sent to the iudges , and they commanded to proceed without delay , and give that judgment . and to begin to do remedy upon this ordinance , ( they are the words of the act ) the lords are named , viz. the arch bishop of canterbury , the earls of arundel and huntington , the lord de wake , and the lord ralph basset , and it is enacted , that a commission and a power should be granted to them to endure till the next parliament . for this was but for the intervals of parlament ; the parliament sitting , the complaint was to be made to the house , and the house to give the redress . then for erroneous judgements and decrees , whether given in courts of law , or courts of equity , that the remedy en dernier ressort , lies likewise in the house of peers , will ( i think ) be easily proved . concerning the courts of law it is not at all controverted , but that by a writ of error all such judgements in inferiour courts , with which any body shall find himself aggrieved , may be removed unto , and reversed in that house , if they find cause for it . it is true , that in rastals collection of entries , tit. error en le parlament , pag. . there is this clause inserted in the writ there entred , viz. vobis mandamus quod record . & process , &c. in presens parliament , &c. mittatis & hoc breve , ut inspect . recordo & processis predicto nos de consilio & advisamento dominorum spiritualium & temporalium ac communitatum in parliamento nostro predict . existent . ulterius pro errore illo corrigendo fieri faciamus quod dejure & secundum legem & consuetudinem regni nostri angliae fuerit faciendum . here one would think is a clear testimony , that the house of commons are copartners with the lords , in judging those writs of error : but i may say , there is an error in this entry , and it was set right that very year , in the . of h. . by a meeting and consultation of all the judges in the exchequer chamber : it is in the year-book pasc. . h. . p. , & . in flouredews case , the words are these : et postea per avisament . omnium iusticiariorum in camera scaccarii existent . & congregat . pro eadem materia & errore illo corrigendo , sic intelligendum est , si parliament . sit apud westm. tunc oportet partem habere billam de rege indorsatam , &c. et quam cito billa sic indorsata fuerit , & breve de errore & transcriptum pred . in parliamento deliberentur , clericus parliamentorum habebit custodiam inde ; et per dominos tantum , & non per communitatem assignabitur senescallus , qui cum dominis spiritualibus & temporalibus per concilium justiciariorum procedent ad errorem corrigendum . here is a negativa praegnans , to the house of commons , et non per communitatem , as if it was not enough to say by the lords alone , there is added , that it must not be by the commons . nothing can be clearer than this , and the practice hath been according to it in all times , both preceding and following . some question hath been made of appeals from courts of equity , whether or no that house hath cognisance of them ? and more is it questioned , if a member of the house of commons hath been concerned in the appeal , which hath now this last session of parliament been absolutely and peremptorily denied , and strongly opposed by the house of commons ? but i no wayes doubt of making it appear as clear as the noon-day , that all appeals ( whoever is concerned in them ) are regularly and properly within the cognisance and the jurisdiction of the house of peers , and so have ever been . and to speak truly , there was antiently no difference in the way of complaining of erroneous judgements given in courts of law , and that of unjust decrees made in a court of equity . both were by way of petition from the party grieved , setting forth the cause of his complaint , and shewing wherein the court had erred in the adjudging and determining his cause before them : in the rolls of parliament from the beginning of edward the third , to the end of edward the fourth , ( which are all that are in the tower ) there is no mention of any complaint of an erroneous judgement brought into parliament , ( that is to the house of peers ) by a writ of error , ( as it is now the practice ) from the courts of law , but all were by petition , as the appeals are now from decrees in equity . and this change is crept in of late years we know not how , nor exactly when , but certainly in those times of which the parlament journals are either totally lost , as those of the times of richard the d , and henry the th and between the th and the th of henry the th , or else made so concise and imperfect , recording nothing but bills and their several readings , and some proceedings upon them , and very little , as good as nothing of any private businesses , that one cannot have a certain knowledge how the judicature was then exercised in the house of lords , as appears by the journals extant of h. the th , and all since , even till the th of king james , when henry elsing came to be clerk of the parliament , who first took care to enter duly in the journal book all that passed in the house . but however , this alteration , and the difference that seemingly is between complaining by a petition of appeal , and bringing of a writ of error , hath given occasion to the house of commons to dispute the jurisdiction of the house of peers , in case of appeals , and pass some vote against it , and more declaredly and avowedly to oppose the proceedings of the peers upon appeals , when any member of their house hath been concerned . for appeals in general , they have declared that the house of lords hath no right to receive and judge of any from courts of equity , a thing was never questioned in any preceding parliament , though it hath been ever practised . and there is the same reason for it , if not more , than for their reversing erroneous judgements at the common law. for in the courts of common law , there are four judges , and they will not easily be all mistaken , and all concur in giving a false judgement ; and a suitor there , is more like to receive justice , especially in regard they have a strict rule to go by , the rule of the law , which is a known rule , than where there is but one judge , as in chancery , and who hath a greater latitude to proceed by , varying from the exact rule of law , and guiding himself much by his own discretion : it is easie for such a judge to err , though perhaps not willingly , and hard it were , that there should then be no remedy . but it will be said , the king may then grant a commission to certain persons , to give relief to such as shall find themselves aggrieved with any unjust decree , as was done by queen eliz. in the d. year of her reign , in a case of the countess of southampton and the earl of worcester , mentioned by serjeant rolls , in the report of the case of vaudrey and pannel , p. . where he saith it was resolved by all the judges , which they set under their hands , that when a decree is made in chancery , upon petition to the queen , she may refer it to the judges , ( but not to any other but to them ) to examine , and reverse the decree if there be cause , and accordingly by such a reference that decree was reversed . sir edward cook , also in his th institute , c. . treating of the court of chancery , gives two presidents more of the like nature , one of the same . eliz. in sir moyle finches case , he defendant , the earl of worcester , and others plaintiffs , whereupon a petition to the queen , a decree in chancery was referred to the judges , and their resolutions against it being certified into the chancery , the decree was reversed : the other president is three years before , . eliz. in throgmorton's case , the same sir moyle finch , there likewise defendant , where a demurrer of his being over-ruled by the chancellor , upon a reference to the judges , it was by them otherwise resolved , and their resolution being by the chief justice popham signified to the chancellor , there was no further proceeding in chancery . to these presidents is answered , first , that it may be doubted , if the opinion and proceedings of the judges at that time be so authentick , as to make it pass for law , to set up a new court of equity . sir edward cook , in the same treatise , fol. . saith in perrots case , mich. , and . eliz. that it was resolved by sir christopher wray , chief justice , and the court of kings bench , that the queen could not raise a court of equity by her letters-patents , and that there could be no court of equity but either by act of parliament , or by prescription time out of mind : and in hobberts reports fol. . in the case of martin and marshal , it is said , that this court of equity is a special trust committed to the king , and not by him to be committed to any other but his chancellor . how then can king or queen commissionate any or her persons to be judges in equity of any cause ? for what is it but a court of equity , when all the judges are commissionated to assemble themselves to rehear a cause , formerly decreed in chancery , which they do judge a-new , and determin it upon hearing counsel of both sides , for or against the decree , secundum aequum & bonum , according to the course of equity , and not by the strict rule of law. this is certainly at least a temporary court of equity : it is true , that for erroneous judgements in the kings bench or in the exchequer , a writ of error lies to bring them before the judges in the exchequer chamber , but it is by act of parliament : several acts have been made to give that relief . first , the . e. c. . which gives power to the chancellor and treasurer to call the judges to assist them , to examine errors in the exchequer . then the . eliz. c. . which makes judgements in the kings bench examinable by all the judges of the other courts in the exchequer chamber . and the . eliz. c. . which gives some further regulation in the proceedings upon judgements given in each of those courts , as well the exchequer as the kings bench : and that of the th of the queen gives the reason in the preamble , why those laws were made , because before that time , erroneous judgements given in the kings bench could only be reformed in the high court of parliament , and the parliament did not so often sit in those days as formerly : but there is no act of parliament , nor no law , which gives power to the king to enable either the judges , or any body else out of parliament , to examine a decree made in chancery , though it be never so unjust and erroneous ; therefore it may well be doubted , if such a commission were according to law , notwithstanding the resolution of the judges at that time . but admit such a commission were legal , and that the king had power to appoint and authorise persons to receive and judge of appeals from the chancery , as he doth delegates for appeals from ecclesiastical courts , ( which power is given him by act of parliament , . h. . c. . ) yet that would not conclude the house of peers , but that they might receive an appeal even from the sentence of those commissioners , seeing it is the kings supream court of judicature , and where henry the th said , upon occasion of what happened in parlament in the case of ferrars , that he was informed by his judges that he stood highest in his royal estate . therefore even those acts of parliament , that erect a judicature of all the judges in the exchequer chamber , to examine and reverse erroneous judgements given in the kings bench , and in the exchequer , do not exclude an appeal , even from thence , to the parliament : the words of the statute of . eliz. are these : and be it further enacted , that such reversal or affirmation of any such former judgement shall not be so final , but that the party , who findeth him grieved therewith , shall and may sue in the high court of parliament , for the further and due examination of the said judgement , in such sort as is now used upon erroneous judgements in the kings bench. and it doth naturally and necessarily follow , that it must be so , if the house of peers be the supream court of judicature . that the high court of parliament is so , no man will deny . it rests only to make out , that by the high court of parliament in matter of judicature is intended the house of peers , where such jurisdiction is solely lodged . and that it is so , it will be proved by good authorities , and by right reason . the authorities are taken out of the parlament rolls , which declare it throughout from the beginning to the end , both in the ancient records , and in the modern journal books ; they all speak the house of peers , that is king and lords , to be the sole judges both of persons and things , criminal and civil , and the house of commons to have no part in it at all . the first parlament roll extant is . e. . and it begins with a judgement given by the peers upon roger de mortimer e. of march , per qoi les ditz . countes barouns & piers , come juges du parlement , per assent du roi en mesme le parlement agarderent & aiugerent que le dit roger come treitor & enemy du roi & du roialme feust treyne & pendu . the earls barons and peers as judges of parlament , &c. they are characterised judges of parlament as a thing known and notorious to all men. they at the same time exercised their judicature upon sir simon de bereford , john mautrauers , bogo de bayons , john deueroil , thomas de gurney , and william de ode , who were commoners and no peers , those were all condemned , but only sir simon de bereford executed , for the others were not taken , and none of them all , neither the earl of march , nor bereford , called to answer ; but the lords were forced to condemne them by the earnest pressing of the king , which so troubled their consciences , that they presently came to an agreement with the king , not to be hereafter compelled to give judgment upon any but their peers ; which is that of . e. . n. . which is hinted in a paper , said to be , reasons prepared by the house of commons for a conference with the lords , and to be read to their lordships , as a matter of huge importance to disprove the power of the house of peers of judging commoners , when it was only an agreement , as it were a bargain , made with the king , that he should not force them to judge any but their peers , ( for that was a thing they were tied unto by law , and they could not avoid it ) ne soient mes tenuz ne chargez a rendre juggementz sur autres , are the words of the record ; i see not what great matter can be built upon this president to dispossess them of their judicature ; it was a voluntary act of the lords at that time , even an effect of their indignation against themselves , for having yielded to doe an unjust thing , at the pressing importunity of the king , to condemne men unheard , and not called to answer for themselves , as the lords themselves confessed , . e. . when an act of parlament passed to reverse this judgement : but that they did afterwards commonly judge commoners in criminal causes is very apparent . that very parlament , notwithstanding that agreement made , sir thomas berkley was tried before them by a jury , for the death of edward the d , and acquitted . the house of commons themselves , . r. . n. . come and desire the lords to exercise this judicature upon such as had betraied forts and towns into the hands of enemies , the words are , supplie est per les coēs que touz ceux qont renduz & perduz chastelz on villes per de la per verray desauce de capitaine puissent estre a response a ceste parlement & solonc lour desert forsement puniz per agard des srs. & baronage ; &c. that they may by the judgement of the lords and the baronage , be severely punished according to their deserts : the lords accordingly cause to be brought before them william de weston , for surrendring the castle of outhrewick , and john de gomeniz for surrendring the town and castle of arde , and adjudged them to death . the same parlament alice perrers , who had been in high favour with edward the d. was questioned devant les prelats & seigneurs , before the lords spiritual and temporal , for maintenance and medling with businesses contrary to an ordinance made . e. . n. . for which they adjudge her to be banished , and to forfeit her whole estate . sir ralph de ferrers , . r. . was brought before the lords by the duke of lancaster , who had arrested him on the marches of scotland upon suspicion of high treason , for holding correspondence with and adhering to the french , the kings enemies , by reason of a packet of letters taken up by a beggar in a field near london , some from him to the king of france and to some french lords , and some from them to him , which the beggar carried to the lord major , and the lord major to the kings councel : these letters were produced in parlament against him , and by him denied . being put to his trial , he desired counsel , which was denied ▪ then the business coming to hearing , i l semblast as srs. du parlement que le dit mr. rauf estoit innocent , the lords declared him innocent , and committed the beggar to prison . the . r. . n. . peter de cressingham , and john de spikesworth , were tried for surrendring the castle of drinkham in flanders , spikesworth was acquitted , and cressingham committed to prison : the same parlament , sir william elmham , sir thomas tryuet , sir henry de ferriers , sir william de farnedon , and robert fitz-ralph , for receiving moneys of the french , who were the kings enemies , and delivering up forts into their hands , were adjudged to prison , and to a fine and ransome at the kings will ; sir william de farndon , to be at the kings mercy body and goods , so as the king might take his life if he pleased . . r. . n. . the serjeant at arms john de ellingham , is sent by the lords to fetch up some persons , that had committed a ryot in the church of whitewyk , in lecestershire : he brought up the two chief actors in it , henry tebb de threnguston , and robert grenlowe , whom the lords committed to the fleet , there to remain during the kings pleasure , and where they did remain , till they paid a fine to the king , and made agreement with the prior of holland in lancashire , ( whose the church was , and whom they had in the church abused ) and given bond for their good behaivour . . r. . n. . the abbot of saint osithe sets forth in his petition , how the parlament before upon his complaint , their lordships had sent john rokell to the tower for embracery and maintenance against him , that the duke of guien and lancaster , had after that made an award between them , and that rokell did now refuse to stand to that award . the lords send for rokell , the duke testifies the award , the lords charge the chancellor to see that rokell perform it . that same parlament , sir william brian for purchasing a bull from the pope directed to the arch-bishops of canterbury and york , and the bishop of london , to make inquiry after some persons , who had broken into his house at london , and had taken out several writings , and other things , and to excommunicate them . this was adjudged by the lords to be prejudicial to the king and his crown , in derogation to the law of the land , a great contempt to the king , and they committed him to the tower. . h. . the lords condemn john hall , servant to the duke of norfolk , to be hanged drawn and quartered , and his head to be sent and set up at calez , for murdering there the duke of glocester . . h. . n. . they send sir philip courtney to the tower , and bind him to the good behaviour , for making a forcible entry upon lands of sir thomas pomery , and for imprisoning by force the abbot of newenham in devonshire , and two of his monks . . h. . n. , . several rioters are complained of , and order given upon it for writs to the sheriffs , to apprehend their persons , and seise upon their estates , and they to answer for their misdemeanors before the justices of the kings bench , to whom authority is given to end those businesses . all these were commoners , yet they with many others , who upon perusing the journals will be easily found , were adjudged by the house of peers , some to death , some to prison , and some to other punishments , as fine , and good-behaivour , and some ordered to be proceeded against in the courts below , and power given to those courts to do it , which is all one , as if they punished them themselves : and all this , notwithstanding that agreement made in the th year of e. the d. which shews , that their intention then was only , that they should not be put upon it by the king , but not to put it out of their own power . and one thing i must observe by the way , that though the judgements be commonly given in the kings name , yet it is the act of the house , where the king is always virtually present , when they act judicially ; not so , when they act in their legislative capacity . therefore sometimes when the king had taken upon him to pronounce a judgement of himself ( or rather something like a judgement ) the lords have protested against it , as . h. . n. . . the duke of suffolk was impeached for many treasonable matters : and not putting himself upon his peerage , but referring himself to the king , and to his order ; the king then by the mouth of the chancellor declared unto him , that he should be banished for five years ; and this ( as the words of the record are ) by force of his submission , and by the kings own advice , and not reporting him to the advice of his lords nor by way of judgement ; for the king ( he said ) was not in place of iudgement . and though this was but done in such a manner , the king even excusing it , that it was not by way of judgement , yet because it looked like one , the viscount beaumont on the behalf of the lords , and by their advice assent and desire , protested against it , prayed it might be entered in the parlament roll that they did so , and that it might not turn to the prejudice and derogation of them and their heirs , in the liberty and freedom of their peerage : so jealous were they then of their priviledge of judicature , that they would not suffer any thing to pass , not from the king himself , that did but looke like a violation of it : but their predecessors went further than this in henry the fourths time , for here they suffered the king to have his desire only with a salvo to themselves , but . h. . n. . they absolutely opposed the king in what he would have done , and would do it themselves in another way : for the earle of northumberland coming into parlament before the king and lords , and by his petition acknowledging his offence , that he had done contrary to his allegience in raising men , and giving of liveries , and therefore begging pardon , and the rather for that upon the kings letters , he had yielded himself and come to the king at york ; the king having thereupon delivered this petition to the justices to have them consider of it , the lords protested against it , said , the ordering of it belonged to them : and that therefore as peers of parlament , to whom such iudgement belonged , they would take the business into consideration themselves , and then examining the statutes , that of . e. . of treason , and of the second of the then king h. . against liveries ; upon well weighing them they adjudged the earle of northumberlands fact to be no treason , but only a trespass fineable to the king : whereupon the king pardoned him , and received him into favour . and the lords were not more careful to assert and maintain this jurisdiction of theirs , than all english-men were to acknowledge it , the judges both in and out of parlament have ever had a deference to it ; in the year-book of e. . termino michaelis , pag. . an action being brought upon the writ de rationabili parte bonorum , and some difference being of opinions , if the action was good , that learned judge moubray delivered his , qe les seignours en parlement ne graunteront my que cest accion est maintenable per ascun comune custome ou ley de ce realme . the lords in parlament will not yield this action to be maintainable , he meant , they had judged it otherwise : and to that judgement of the lords , sir edward cook , hath reference in his comment upon littleton , sect. . where he saith , that it hath been resolved in parlament , that a custome must be alledged in some county , &c. to enable the wife and children to the writ de rationabili parte bonorum . it would be but labour lost , to heap up more proofs , and more presidents for the asserting and maintaining of the judicature of the house of peers ; yet i shall add one more , which is in truth instar omnium , for it is a law having the concurrence of king , lords , and commons , not a constituting-law , but a declaratory-law , ( which is the strongest asserting and confirmation of any law or custome already established , that can be ) . it is that of the . h. , n. . the record saith , that the commons come and shew to the king , that as iudgements in parlament belong only to the king and lords , and not to the commons , except in case it please the king out of his special grace to acquaint them with those iudgements in favour to them ; so that no entry ought to be made prejudicial to them , to make them parties now or hereafter , to any judgements given or hereafter to be given in parlament : to which the arch-bishop of canterbury answered by the kings command , that the commons are but even petitioners and suitors , and that the king and lords have ever had and ever shall have right to the judicature of parlament , as the commons do themselves set forth ; saving that the king will have their advice and assent in making of laws and granting of subsidies , and doing such things for the publick good : this order to be observed and kept in all times to come . here is a cleare renunciation of all pretence to judicature by the commons themselves , and a full declaration and acknowledgement of it to be only in the king and lords , that it hath been ever so for the time past , and must be so for ever in time to come : and this declared by king , lords and commons , as a thing notorious , known to all men , and not disputed or doubted of by any . what can be said against this ? yes , that paper which goes about from hand to hand , that i mentioned before , of reasons prepared for a conference , saith , that this record was made upon occasion of judgements given by the lords , to depose and imprison their lawful king , to which the commons were unwilling to be made parties : admit it were so , yet no man would think that the house of commons would , to avoid that present inconvenience , divest themselves to all intents and purposes of so great a priviledge , if in other things and before that time they had ever had right to such a priviledge ; nay more , that they would say against themselves a thing in it self untrue , if it were untrue , as in truth it is not , but is most true , viz. that judgements in parlament belong only to the king and lords , and not to the commons . this is not to be believed , being against the general practice of all judges of courts , that will ampliare jurisdictionem , rather than deliver it up or diminish it , and very contrary to their practice in particular , who have been far from suffering any of their power of judgeing and imprisoning any body , to grow less and weaker since the . of h. . in ferrers case , which is the first time that ever they judged or imprisoned any body , even of their own members , much less any other body for what offence soever , though never so much in violation of their priviledges : and that was when ferrers a member of their house sitting the parlament , was arrested and imprisoned in the counter , and their serjeant sent by them , only to demand their member to come and attend the house , ( not to bring those who had arrested him as delinquents to their bar , or any wayes to punish them ) yet he was beaten , his mace broken , glad to return himself , and leave the member behind . then could they with their speaker come up the whole house to the lords bar to complain , and pray them to do them justice : and the lords upon hearing this complaint , judged the contempt to be very great , and referred the punishment to them , being themselves it seems upon other business , and not at leasure for that . here was the beginning of the house of commons punishing any body , they were permitted to inflict the punishment , when the house of lords had judged the offence . for before that time they could but complain of any wrong received , the lords were to judge of it , and punish the offender . if a sheriff had not carried himself well in an election of a knight of the shire , the lords took course in it . . h. . n. . the sheriff of rutlandshire had returned onby instead of thorp , who was duly chosen , the lords upon complaint to them , command him to amend his return , and commit him to the fleet , and put him to fine and ransome at the kings pleasure . . h. . n. . the sheriff of cambridgeshire had made no return at all : the king by advice of the lords spiritual and temporal orders a new election , and the sheriff to make proclamation , that no person come thither with arms in disturbance of the peace . . h. . n. . many knights of counties and other members had been unduly returned , yet were received to sit , the commons come , and desire they may be allowed for good , and no sheriff incur for it the penalty of the statute . h. . which the king and lords assented to at their request . if any of the members or their servants were beaten or wounded , or arrested , the house of commons could not themselves punish them by their own authority , but must come to the king and lords , and pray in their aid , sometimes to punish them judicially , sometimes to make an act 〈◊〉 parlament for it , as was done . h. 〈◊〉 the case of rich. chedder , servant 〈◊〉 tho. brooke knight for sommerset●●●●e ; who was assaulted and beaten by one iohn savage : the king by the advice and assent of the lords at the request of the commons ordained that savage should appeare and yield himself in the kings bench , within a quarter of a year after proclamation made for that purpose , and appearing or not appearing ( if attainted of the fact ) should pay double damages to the party , and make fine and ransome at the kings will ; and so to be done in time to come in like cases . and n. . of the same parlament , the commons pray , that all such persons as shall arrest any knight , or burgess , or their servants , as parlementz venantz , illeoques demurrantz , & a lour propres restournantz , coming , staying , and returning ( not forty dayes before the sitting , and forty dayes after , as now ) should pay trebble damages to the party grieved , and make fine and ransome at the kings will. . h. . n. , . tho. thorp their speaker , and walter raile a member , during a prorogation , had been taken in execution , and laid up in prison : when the parlament came , they wanted their speaker and one of their members , and there-upon sent up some of their number to the lords to complain , and desire them to set them at liberty , ( far from going about to do it themselves ; ) the lords advise with the judges , and after consultation think not fit to deliver them , because they were imprisoned upon a condemnation before parlament , when there was no priviledge , which they signifie to the commons , and charge them in the kings name to chuse another speaker , which they did , one sir thomas charlton . yet if any of the members or their servants , were arrested within time of priviledge , then upon complaint the lords did use to set them at liberty , as they did , . h. . n. . william lake servant to william mildred burgess for london . . h. . n. . walter clerk burgess for chippenham . . e. . n. . walter hyde , burgess for the same place . . e. . n. . iohn atwell burgess for exeter . but the house of commons never pretended either to discharge any body out of prison , or to commit any body to prison , or impose a fine in any case whatsoever , till that th of h. . when it was in one particular case permitted , and referred to them by the house of peers : nor indeed can it stand with reason and the rules of justice , they should have such a jurisdiction , in regard they cannot give an oath . and is it rational or any wayes just , that any man should either be disseised of property or deprived of liberty , without there be testimony upon oath , that he hath done some thing to deserve it ? this seem to be against the fundamental laws of the kingdome . all this considered , it is not probable , ( were it true , that the house of commons did dislike that acting of the lords in the case of rich the second , to unthrone and imprison their lawful king ) that yet out of that dislike , and to avoid the present evil of being made joynt actors in , and parties to that particular judgement , they would renounce being parties to any , and for ever debar themselves of a power and priviledge , which did justly belong to them ; nay more , say , they never had such a power , that it belonged onely to the king and lords , and that their part was but to sue and to petition : this is hardly to be believed . but who reades the story , will see that the inference is not true , and will find that at that time the common people , and even that house of commons were full as much , if not more than the lords , displeased with king richard , and favourers of henry the th , who did so much rely upon the affection of the people , that he brought no military force with him out of france , where he had remained in banishment , and that he landed at rauenspurre in holderness only with fifteen lances , but soon encreased to an army of threescore thousand men , for ( as historians say ) his strength was in the hearts of the people , where king richards should have been , who had so little of their good-wills , that when he was sent from chester to london , certaine citizens had conspired to way-laye him and kill him , if the lord major having intelligence of it , had not prevented it , himself riding forth with convenient company to guard him to the tower. and when the parlament came , which henry the fourth then duke of lancaster called by wri●●s of summons in king richards name , the house of commons was as forward as the lords in every point , for decrying , condemning , and deposing of king richard ; when his resignation was declared unto them by the arch-bishop of yorke and bishop of hereford , whom king richard had made his atturneys for that purpose , and they were demanded , if they would assent and agree to it , they with one general voice did expresly accept and admit the same . when the articles of his charge were read unto them , they all agreed that his crimes were notorious , and he worthy for the same to be deposed of his princely dignity , and joyned in appointing commissioners , two knights , sir thomas erpinghan and sir tho. grey for them , to goe with two prelates and two temporal lords for the peers , to the tower , to pronounce unto king richard the sentence of his deposition : and they promoted several things that parlament in favour of henry the th and his friends , and to the depression and reproach of richard the second , and his friends , which they inserted among their petitions , which according to usage they presented at the end of the parlament , which being granted at their request were established for acts of parlament . so as the penner of that paper of reasons for a conference was much mistaken in what he there said of the commons being then unwilling to be made parties to that judgement because it was to depose their lawful king , and sure he either never had read the story of those times , or had forgotten it ; otherwise he would have knowen , that they were as busie actors as the lords in that deposing , i mean in the prosecution of it , though not in the judgement given upon it ; to which as to all other judgements they disclaimed to have any right or interest . and it is in my opinion rather an unanswerable argument , that they had no interest , nor could have none , in any judgement , their disclaiming it at this time and upon this occasion , when they knew , that nothing would be done to displease them , and they were sure to obtain almost any thing they would ask with reason , and with any colour , of a new king so much beholding to them , whose best title to , and strongest hold of his new-gotten crowne , was their affection and good-will towards him : therefore the lords may very well owne the citing of that record , and not account it any dishonour to them , notwithstanding the gentle admonition given them to the contrary by the writer of that paper of reasons . and so , i hope , i have sufficiently evinced this truth , that the sole j●dicature of parlament is lodged in the house of peers , and that all who come for relief to parlament must have it there . it now rests to shew , that it extends to the relieving of such as have suffered wrong in courts of equity , and receiving of appeales from those courts ; we have already seen , that in case of delay of justice , the house of lords doth give relief , and by the same reason they may do it in case of deniall of justice , and of doing injustice : and in truth , there is greater reason for it , for when justice is but delayed , a little waiting and patience may happily bring a remedy ; but when an unjust decree is given , there is a ne plus ultra in that court , no help is to be there expected , and without such an appeal the party grieved must be without remedy . then , why not as well receive an appeal from a court of equity , and give relief upon it , if there be cause , as to reverse an erroneous judgement upon a writ of error from a court of common law ? as hath been said already , there is more danger from a court of equity , where ones doome depends upon the will of one man , that is not tied to the strict rule of law , than where there are four judges , who have that strict rule to goe by : and can it be believed , that in a government so well modelled and established by the wisdom of our ancestors , as this is , there should be a standing known remedy appointed for the lesser evil , which apparently will more rarely happen , and none for the greater , which probably may befall us much more frequently ? in the third place , one may argue thus , by the constitution of this government generally from all inferiour courts , where any body is grieved , he may appeale to a superiour , and so gradatim , till he come to the highest of all , the supreame judicature in parlament , as . e. . n. . was said to the bishop of norwich , that errors in the common pleas were to be corrected in the kings bench , and of the kings bench in the parlament . so from particular courts , that are in several counties , and from judges of assize , yea from ireland , the party grieved resorts to the courts of westminster , and from them to the parlament , this is the ordinary tract , but where it is otherwise provided by act of parlament in special cases to make some judgements in some judicatories finall ; else the last resort , where all appealing terminates , is the supreame court of parlament , whither they have still come from all the courts in england , sometimes gradatim by steps going first to other courts , sometimes immediately per saltum from the court it self , where the judgement complained of was first given . and so have they received complaints , and given relief from sentences in the star-chamber , as in . april . to mr. lambert osbolston ; in the high commission to nicholas bloxam , . febr. . and to sir robert howard , december . the same parlament , and to iohn turner , december . who had laine fourteen years in prison , by a sentence of the high commission : so from an order of the counsel table , to william waters , and thomas waters , ianuary . who had been committed thence for refusing to pay ship-money , and they made dr. clerk , and dr. sibthorp reimburse their charges , and pay them l. damages for procuring them that trouble by a false certificate . the th . of february , from a sentence in the ecclesiastical court at glocester , by which iohn radway , william newark , and walter coates , had been committed to prison and excommunicated . and february . the lords gave relief to abraham hill , who had been committed to prison by the major of colchester . multitudes of such presidents may be produced , who will take the pains to look over the journals ; but these are sufficient to shew , that upon complaint the house of peers hath still given redress to what ever hath been done amiss by any other court , ecclesiastical or civil , court of law , or court of equity , and was never found fault with till now . but now they must not meddle with appeals from decrees in chancery , and if a member of the house of commons be concerned , it is then a breach of their priviledge , and that house will punish any counsel that shall appear at the lords barr to plead against a member , together with the party himself that brings the appeal , and all others employed by him in the solliciting and following his business . so then a person that cannot obtaine justice in chancery , who perhaps hath been brought thither against his will , and is barred by an injunction there from pursuing his right in any other of the kings courts of westminster , and that wrongfully ( as injunctions are some times laid on in chancery ) : there he cannot have right , but is opprest with an unjust decree , and he hath no remedy , but must lie under that oppression , and the supreame court of judicature in the kingdome , which receives complaints and gives relief against the erroneous proceeding of all other courts , must be impotent in this behalf ; this is not only a derogation to the high court of parlament , but it would be a great defect in the general administration of justice in this kingdome . to this is answered , yes , there is a remedy proposed to prevent a failer of justice , the king may grant a special commission whensoever there is occasion to certain persons ( to the judges , as it was . eliz. ) to reheare the cause and give relief to the party grieved : but it is replied , first , that it may be doubted , if this can be done without an act of parliament . secondly , admit it may , yet as the king may grant it , so he may refuse it , for there is no law to make him do it ex debito iustitiae , therefore if he doth it , it will be but ex gratia & ex mero motu , which doth not salve the objection , that there would be a defect in the established rule for the administration of justice , which ought to make the doeing of justice a necessary duty incumbent on the magistrate ( be he supreame or be he subordinate ) and not leave it voluntary to himself , to be ad libitum . it cannot be believed , that the wisdome of our ancestors would leave the administration of justice so loose and uncertaine . we see how in the time of henry the eight , when they annexed all ecclesiastical jurisdiction to the crown , they by act of parlament . h. . c. . gave the king power by commission under the great seal to appoint such persons , as he shall name , to reheare any cause judged in ecclesiastical courts , whereof any person is grieved and will appeal , and it cannot be denied him : so in queen elizabeths time they provide for those who are grieved with judgements given in the kings bench or exchequer , and because parlaments were not so frequent as formerly , that men should not stay long for relief , , & . eliz. they appoint a rehearing by all the judges , meeting in the exchequer chamber , from whence they might afterwards have their recourse to parlament : but still the statute leaves it to their election to sue in parlament , and not go to the judges at all except they please : now , can we imagine they would take no care to give relief from unjust decrees in chancery , but that the current of justice must there be at a dead stand ? a man perhaps be ruined against all law and equity , and no help for him , no remedy , for so it must have been , if a parlament could not relieve him : for that way of having a commission under the broad seale directed to the judges , was never thought on till about the . of the queen in those few cases , nor hath it ever been practised since that wee know , so as wee may be bold to affirme , that our ancestors knowing the parlament , to be the supreame court , to which all persons aggrieved with the proceedings of inferior courts , did apply themselves for relief , and there had it , thought it not needful to make any other provision for those who should receive wrong in chancery ; where heretofore they did not often doe wrong , because in those dayes they had little worke , not meddling with many causes , and the chancellors were commonly church-men . sir edward cook saith , that the first decree in chancery that ever he observed was . r. . and that an act of parlament had passed that same year , which gave the first ground for those proceedings , giving the chancellor power to award dammages according to his discretion to such as were vexed in that court upon untrue suggestions , such suggestions being duely found and proved untrue . certain it is , they were in those times very rare , the same sir edward cook saith , that none are found reported in their law-books before the reigne of henry the th . and this is one reason , why we find no appeales in the antient journals : besides ( as we have said before ) that the journals are many of them lost , and those that remaine are very imperfect . yet some there are : that very first decree before mentioned of the . r . n. . came to be examined 〈◊〉 the house of lords . the case was t●●s , iohn de windsor being put out of fossession of three mannors in cambridgeshire , by sir robert de lisle , they referr themselves to the arbitration of the king and privy councel , who find it reasonable that sir robert de lisle should restore them to windsor , and a decree is made in chancery to put this in execution : lisle then petitions that he may be left to the common law : the king grants it , sends a privy seal to the bishop of winchester , who was then lord chancellor ( and not william courtney arch-bishop of canterbury , as sir edward cook hath it ) to remand the whole matter to be tried at law : the chancellor doth it by a writ de procedendo under the broad seale . sir robert de lisle in the interim sells these lands to sir richard le scroope . iohn de windsor sets forth all this in a petition to the king and lords in parlament , and accuses sir richard le scroope of champerty . the lords order all the proceedings to be brought into the house , what passed in chancery , and what at the privy seal . all which was viewed and examined by them , and upon the whole matter they gave this judgement , quod non fuit nec habebatur aliqua cambipartia , quod predictus johannes nihil capiat per petitionem suam , quod predi●lus ricardus eat inde quietus , ac quod predictus johannes pro●equatur ad communem legem in hac parte si sibi viderit expedire . the lords here doe examine , and judge of what was done in chancery , which shews their jurisdiction to extend thither . and even their taking notice of any delay there , is argument sufficient of this jurisdiction , which jurisdiction the statute . e. . c. . doth fully prove to have been in them before the making of that statute ; for that statute doth onely provide for the placing it in some lords named by the house to be exercised by them after the parlament is risen , until it meet again , and for that interval of time : which shews that during the parlaments 〈◊〉 such an expedient needs not for the relief of those , who are de●ayed in chancery , because then the house doth it by a power inherent in them , and which so hath been time out of mind : for there is no record , when that power began , no more then for their power of rectifying erroneous judgments at the common law , ( so that , if the lords be asked , when that power was given them , and where it is recorded ? they may answer as the house of commons answered them in another case , about imposing upon merchandize , that it will be found on the back-side of the record , by which they are authorised for erroneous judgements : for in truth there is no more a record for the one then for the other ) . both those powers are naturally of the ess●nce of a parlament , not conferred upon it by any law extant ; but as the common law of the land , it is by prescription , time out of mind , which is the difference between the common law and statute law : the common law is by an●ient usage and custome , of which no man knowes the beginning : statute lawes have a knowen time of beginning , when first they were made and established by king lords and commons in parlament , before which time they were not in being . now we may say that the power to correct the errors of inferior courts , as well of law as of equity , and so of the chancery is lodged in parlament , as a part of their judicature , by the common law of the land ; i say of the chancery , both as it is a court of equity , and as it is a court of common law ; for both those courts are in chancery , that of common law coram domino rege in cancellaria is of all antiquity , and upon a judgment given in this court lies a writ of error returnable in the kings bench , and consequently from thence to parlament : that of equity is not so antient , it is a power growen up by degrees ; sir edward cook saith , that some are of opinion that a statute made . e. . did first give the chancellor this authority , which opinion he confutes , and refers it rather to another statute of . r. . as hath been said before ; however it is certain that in principio non fuit sic , in the beginning it was not so ; and when ever , or how ever it began , when once it was begun and had a being , it became subordinate to the jurisdiction of parlament : which one may boldly conclude both upon the general reason , of all inferior courts being subordinate to the supreame court , and particularly from the constitution of the court of chancery , which in it's antient legal capacity , as it acts secundum legem & consuctudinem angliae , is in such a subordination , and a fortiore then ought it to be so , acting in a capacity of a later acquisition , and in a more arbitrary and irregular way . in latter times , that is from . iac. all the last kings reigne , and so much as is past of the kings reigne that now is , presidents are frequent of appeals in parlament from decrees in chancery , ( which yet is five and fifty yeares ) and it hath formerly been the opinion of the house of commons , that moderne presidents were best ; and strongly was it urged by them in the case of the earle of clarendon , to induce the lords to commit him to prison upon a general impeachment of treason without special matter shewen , from one single president of that being done in the case of the late earle of strafford , against multitudes of presidents produced to the contrary . but now they are of another mind . and because we find not in the antient rolls of parlament presidents full in the point of appeals from unjust decrees in chancery , they doe deny , that the parlament hath now such a power of receiving appeals . to which it hath been already said , that the antient rolls since the time that the chancery hath acted as a court of equity in . r. . are many of them lost , those that remaine are very general , especially since henry the sevenths time mentioning onely publick bills , scarce any thing of particular businesses , sometimes naming the parties that had sutes depending in the house of peers , but not expressing the matter in difference , that one cannot tell whether they were appeals or original causes ; let any body peruse the journals of parlament of h. . e. . q. mary and q. elizabeth , and he shall find it so . but goe to the times before , and you will see that the house of peers did exercise their jurisdiction over the chancery , as well as over all the other courts of westminster ; and this they have done in all times . the statute of . e. . shews they did it in case of delay of justice . and they have sometimes stopped a proceeding in chancery , and ordered the businesse to be proceeded in in another court. . r. . n. . sir philip darey complained that the prior of st. iohn's of hierusalem ●ued him in chancery for two mannors , which he said that edward the d had granted to his father , and produced a deed , shewing that the priors predecessor had passed away the fee of those mannors to edward the d. the lords order that deed to be carried to the barons of the exchequer , they to examine the king's title , and the proceedings in chancery to be stopped . the same parlament the earle of pembrook and william de zouch complaine that sir robert roes , and thomas his son sued them in chancery for certain lands in yorke-shire that had been formerly belonging to william cantloe , pretending certaine feoffments to have been made by cantloe to their advantage , and that they endeavoured likewise to get an order for a tryal in the countrey where they were powerful ; the lords take the matter into their own hands , and refer the examination to three of the judges , kneuet , cavendish , and belknap to examine and report , who doe report those feoffments to be otherwise then sir robert and his son pretended . the chancellors have themselves sometimes repaired to the lords for direction in businesses of difficulty and of consequence as . h. . the abbot of ramsey sueing in chancery for a prohibition to stop proceedings in the execution of a sentence given in the arches against his tenants in a case of tythes , the bishop of durham lord chancellor , brought the business into the house of peers to have their direction in it , declaring all that had passed before him ; and counsel then being heard on both sides , the duke of bedford ( who was guardian of the realme in the absence of the king ) and the lords asked the opinion of the judges who were there present , the judges of ei - bench and the chief baron , charging them to give lour bon advis selone l'exigence de la ley pur de pluis seure exhibition de iustice celle part , to give their advice what was required by law for the more certain rendring of justice in that particular , which they did : and after mature deliberation sentu suit per le dit gardein & seignors selone l'advis de le dits iustices & baron , &c. it was resolved by the said gaurdian and lords according to the advice of the judges that no prohibition should be granted . we see by these antient presidents the power that the house of peers did heretofore exercise over the court of chancery ; it is true that we have not such frequent examples of it in those times as we have of latter dayes within some fifty or threescore years , since the work of that court hath swelled to that bigness as now it is , which hath furnished much matter for appeals ; and was never questioned till now . in so much as in the year when the case of skinner the merchant complaining of wrongs done him by the east india-company was before the lords , the house of commons interposing , and declaring against the lords meddling with an original cause , and denying them that jurisdiction ( to which notwithstanding their lordships had an undoubted right , and maintained it to the last both by reason and presidents ) yet the house of commons in all those debates and conferences upon that subject , alwayes allowed them their judicature in appeals and writs of error , which they said they did not at all question ; but now they are come to question appeals , one step further ; and upon the same ground , and with as much reason they may take away writs of error next , and so put an end to all judicature in the supreame court of judicature . but i hope i have made it clear , that both those parts of judicature are and must be essentiall parts of the supreame judicature , and the matters they concern to be wholly within the cognisance of it . that which i heare sticks with many , is the present constitution of the house of peers , composed of so many young lords , who have not experience in business , and may be thought to mind modes and fashions , more then serious things ; and perhaps the prospect of what is coming on , may in their opinion not give better hopes ; however right is right : if it be a right belonging to them , till there be a law to dispose of it otherwise , it ought not upon any prudential ground to be taken from them , that were to set the house of peers , very loose , for by the same reason one may as well take away all their other rights and priviledges . but let us take the house of lords as it is , though there be many young men , there are some more elderly , and it is they commonly that sit out hearing causes , and even amongst the young lords there be some that apply themselves to business : in the general , it may be said of that house , that many among them are persons of honour and of integrity , that will not be byassed , and of experience to understand and judge aright of such matters as are brought before them : the great officers of the kingdome are part of that body , who in all reason should be knowing men ; the chancellor of england is alwayes their speaker , who is commonly a person skilled in the law ; and they have all the judges of the land , to be their assistants , with whom they advice , and by whose advice they are guided in difficult points of law , as it is said in flouredew's case h. . ter. pasc. f. . senescallus cum dominis spiritualibus & temporalibus per consilium iusticiariorum procedent ad errorem corrigendum ; by the counsel and advice of the judges they shall correct the errors , viz. of the judgement complained of . so it is probable , and there is ground to hope and expect , one may find justice here , as soon as ●n any other judicatory ; nay perhaps sooner here . for when a lord chancellor or a lord keeper is concerned , as he is in all appeals from decrees in chancery ( which is the proper question at this time before us ) a commission to the judges , or to any other sett of men , is not so likely to relieve a poor man , that is opprest by an unjust decree , ( whereby those commissioners may incurre the displeasure of so great a person , by censuring and vacating his act ) as the house of peers , who are not in that awe of him and subjection to him , as all particular persons are . which consideration alone hath heretofore been sufficient to justifie the lords interposing even in the ordinary judicature of the kingdome , in causes between party and party : and the commons themselves did then so farr approve of this , as they made it their desire to the king , that it might be so : so as it passed into a law , to be an act of parlament , and a statute , according to the formality of making lawes in those times . r. . m. . they pray que querele entre parties ne soit attemptez ne terminez deuaunt srs. ne officiers du conseil mes que la commune ley courge sans estre tarie es lieux on ils soloient dancien temps estre terminez sil ne soit ticle querele & encontre si grande personne que home ne suppose aillours dauoir droit . the answer is , le roy le voet . they pray , that sutes between party and party may not be retained and determined before the lords nor before the councel ▪ but that the law may have its course , and no obstruction of it b● there where such businesses did antiently use to be determined , except it be in such a sute , and against so great a person , as one cannot otherwise hope to have justice ; and the king grants it . and . h. . n. . this statute is again confirmed . now i know not what s●●●e nor what business can be fitter to be within this exception , then where a lord chancellor or a lord keeper is concerned for the maintenance of a decree which himself hath made . besides we know what influence that great officer hath in all commissions , that issue under the great seal , for naming and appointing the persons that shall be commissionated by them : and certainly one that complaines of injustice done by so great a person would not willingly , that he should have hand in appointing the persons that must examine and redress it . so as all things considered , i do not see where such a power as this could better be lodged , then in the house of peers ; if it were not already there ; and that we were now to chuse where it should be placed . yet all men are fallible , and parlaments may erre , and do erre many times ; and therefore as commonly second notions and second thoughts are better , and consequently second judgements , so there lies even an appeale from the first judgement in parlament , but it must be still to the parlament , as the law books say , error in parliament convient estre reverse per parlament , that is in another parlament , or another session , not in the same . all this tends to shew , that not onely the right of appeales is in the house of lords , but that neither can it be better any where else : yet there is still one point behind , not yet treated of , which must be cleared before i make an end ; and that is , whether the lords may proceed upon an appeale , if a member of the house of commons be concerned : and the same question then may be moved concerning writs of error , for if the priviledge of that house extends to the one , it must extend to the other , the same reason being for both , as likewise for the lords not medling with any business , wherein any of their house is concerned . in the first place let us consider what the usage hath been heretofore , and what the judicature of the house of peers hath been , and how exercised in relation to the house of commons . that heretofore in the antient times even till henry the th . when the house of commons did need any thing , either for repelling any injury done to them , and punishing those who had done it ; or for supplying them with any thing they wanted and desired for their advantage and well being , they did then come and pray in the aide of the lords , who did examine the particular businesses , and apply the necessary remedies , ( they being altogether unable to help themselves ) hath i think been sufficiently proved already in the former part of this discourse . the question is now , as that was when they complained , and when it was at their desire , so if when others complained of them , and sought remedy against them , the lords had then power to receive the complaint , and relieve the party grieved ; which questionless they had : nor was it ever knowen that ever the house of commons did before pretend to such a priviledge , as that their members should be exempt from being put to answer in the house of lords , when any sute was there commenced against them . . r. . n. . sir philip courtney being knight for devonshire , presents himself to the house of peers disant coment il auoit entend●z que certeins gentz lui avoient accusez & esclandrez au roi & as seig rs . &c. saying , he heard he had been accused and slandered to the king and lords of doeing great wrongs , and prayed he might be discharged from serving in parlament untill he was purged and cleared of them , and the record saith , a cause que sa priere sembla au roi & as seig rs . honeste le roi luy ottroya sa requeste & lui en dischargea , because his prayer seemed reasonable to the king and lords , the king did grant him his desire , and discharged him of his attendance : this was upon the wednesday , the monday after at the request of the commons he was restored to his place and good name . that very parlament he was again petitioned against by nicolas de pontingdon for dispossessing him of the mannor of bygelegh , upon pretence that thomas his father was a bastard ; and by richard somestre likewise , for dispossessing him of some land in thurverton ; he appears upon it , and those differences are referred to some person there named to end them by a certaine time , which it seems they could not doe ; for in . h. . i find pontingdon petitioning still against him , and making the same complaint of the same unjust act , and then the lords referre the matter to be tried at law , but determine and appoint first what shall not be the point in issue , ( to wit a pretence of sir philip courtneys of a release made unto him by one thomas pontingdon a parson , ) then they appoint what shall be in issue ; to wit , the bastardy of thomas the father . the house of commons it seems did not in those dayes find fault , that a business concerning a member was by the lords entertained , and a determination made in it ; and more , that a member should think himself unworthy and unfit to sit in the house of commons , because there was an accusation brought into the lords house against him , and to make it his sute to the king and lords to dispence with him from sitting , till he was cleared , and till that he stood right again in their good opinions : the house of commons did not then send him to the tower for shewing his respect and deference to the house of lords : so far from it , that they come themselves , sutors to the king and lords in his behalf , and pray that he may be restored to his place in their house , as likewise to his good name , and at their request the king and lords doe it . there was not in those dayes the least question made , nor the least difference between the two houses upon on this score : now , counsel has been pulled from the bar in westminster hall , and sent to the tower for having but pleaded at the lords bar in a cause , wherein a member of the house of commons hath been concerned , & the so doeing voted a breach of their priviledge ; which would not have been so thought heretofore , as appears by this president . and there are other presidents both old and new , which demonstrate the truth of what i say . . r. . , . iohn earle of pembrook , and william le zouch complaine in their petition , a lour tres redoute seignor le roy & as seig rs . du parlement , that sir robert de roos of ingmarthorp , and thomas his sonne sued them in chancery , and endeavoured to get a tryall at the assizes in the countrey , for some lands settled upon them by their kinsman william de cantlow , which settlement sir robert roos ( they say ) maintained to be otherwise then in truth it was , and to be for the advantage of his son , by which means he would recover those lands from them . the lords refer the business to three of the judges , who are to call all parties before them , to examine the matter ; and to report it to the house : which they did , and then delivered the examinations and the accompt of their proceedings in writing to the clerk of the parlament . sir robert roos was then knight of the shire for yorkshire , yet being summoned appearred before those judges , who had order to examine him , and the business which concerned him . . r. . n. . sir william de eurcester and margaret his wife set forth in their petition , several eomplaints of the miscarriages and deceitful dealings of sir thomas hungerford entrusted by them in many businesses ; who had warning to put in his answer , luy quiel monsieur thomas ( saith the record ) vint en parlement & en sa persone faisant primerment sa protestation de adjouster corriger & amender si embusoigneroit , y fist sa responce & le mist avant en parlement en escript en la forme que sensuyt , la responce de thomas hungerford chevalier , &c. that is , the said sir thomas came into parlament in person , making first protestation , to adde , correct and amend as there would be need , then put in his answer in writing in the forme following , viz. the answer of sir thomas hungerford , &c. he was then knight for sommersetshire . and this appears , as well for him as for sir robert roos , ( that they respectively served for those counties ) by the writts de expensis militum , which are in the clause rolls in the tower for those parlaments : the journalls of parlament say nothing of it , nor can it be expected they should , for the names onely of the persons and of their business are there recorded , whether or no they were members of parlament is not mentioned , nor taken notice of , as not materiall , nor no wayes altering the case : sir philip courtney indeed is in the journal expressed to be knight for devon , upon that special occasion of his coming up to the lords house and desiring to be discharged his attendance till he was purged , else neither had he been knowen to be so by the record of the journall . we may see that by the journals now ; where mens names are entred as there is occasion for it of businesses in which they are concerned , but never of their being or not being parlament men : yet , it being within our memory , we remember some , as sir arthur ingram . jac. may . he was then a member of the house of commons , yet one mrs. grizil rogers petitions the house of lords , complaining how she was sued and vexed in several courts by him and others there named for some lands in sommersetshire , and she desires their lordships to end those differences and to settle her title ; upon which there is a long order made for that purpose ; every particular thing in question between them is determined , and all sutes are ordered to cease in those other courts . in the parlament of . car. . apr. . sir robert pye was a member of the house of commons , and yet the lady dyer sets forth in her petition to the lords , how he and one mr. button had extended lands belonging to sir richard tichburne at a far under-value , so as she who had likewise a judgement after theirs upon those lands for a debt oweing to her , was in danger to lose it : the lords order counsell on both sides to agree upon drawing up assurances for the satisfying of all parties , the parties themselves to signe and seale them , and so the lady dyer to be paid her money . the house of commons then found no fault with these proceedings , there was no quarelling with the lords , nor questioning of their jurisdiction , no vote for committing of those , who petitioned for relief in a cause against a member , no sending of counsell to the tower for pleading for their clients at the lords bar , no stop of the current of justice : it was then observed , what the wisdome of our fore-fathers had enjoyned westminster the d. nemo recedat a curia regis sine remedio ; but , if that should be allowed , which is pretended , and challenged by the house of commons , as their priviledge , if a member of theirs be concerned , though a man have received never so hard measure , though never so erroneous and unjust a judgement have been given against him in any of the courts of westminster hall , ( for there is the same reason for both , for writs of error from a court of law , as from appeals from a court of equity , if priviledge of the commons house , exempts from the one , it must exempt from the other ) there is no help for him , he must sit down , and lay his hand upon his mouth , and not once whisper , but must recedere a curia regis and that the chief court , the supreame court , sine remedio . so here is an absolute failer of justice , which as sir edward cook saith , the law abhors . and as it seemes to me , it is upon an irrational ground ; for here is priviledge of parlament against the parlament it self ; which makes a parlament felo de se to give a priviledge , which enervates it's power , a power which is proper and peculiar to parlaments , the dernier ressort , by which it helps , when no other court can help ▪ this is taken away , and cannot exert it self , when a member of the house of commons is concerned : against the rule of all courts , for in other courts as chancery , kings bench , exchequer , the officers that belong to those courts claime a priviledge to be sued no where else , but no priviledge to free them , that they shall not be sued in their own courts : now the house of peers is a court of judicature , as it is a part of the parlament , pars constituens of a parlament , and the members of the house of commons have priviledge , as they are members of parlament , and as their house is the other pars constituens of a parlament , for both together are partes constituentes parliamentum , and both make but one parlament , though they be two several constituting parts . and it is not rational to think that either of those parts can be entituled to a priviledge , which shall abridge the other part from doeing those functions , which are proper and natural to it . as if the house of peers should assume to themselves a priviledge , that the house of commons could not without their leave and consent first had , propose the raising of moneys by way of tax or subsidy : this is against the nature and constitution of our parlaments , and therefore it cannot be imagined , to be true , that such a priviledge can belong to the lords , by one that understands any thing of the nature of parlaments : and truely it is even as great an absurdity to say , that the house of commons hath a priviledge to give a stopp to the lords proceeding in the hearing of a cause , as a court of judicature , if one of their members is concerned in it : for the hearing of causes by way of appeale or of writ of error , is as proper and as natural to the house of lords , as a bill of subsidy to begin in the house of commons , is proper to that house . but i have heard it said , that this would be destructive to the house of commons , if the lords could compell their members to appeare at their barr , and attend their causes there ; and if they would not appear , commit them , as is the use of other courts ; for , say they , as they commit one , they may commit more , and even fetch them all out of the house , to leave none or not a number to attend the service there . but first , this is a mischief so unlike ever to happen , that one need almost as little fear it , as the skie falling to kill all the larks , if it were so , that they should take upon them to commit those that would not appeare and answer ; for it is not to be imagined , that so many would be concerned in appeals or writs of error at one time , as that there would not be enough left to carry on the business of the house , since at most perhaps two or three in a whole session may be concerned . and if so small a number should , for their particular occasions , which they cannot avoid , being sued by others , be kept for some few dayes from attending the publick service , the matter seems not so great , since all along this parlament for twelve or thirteen years together , this house hath had the goodness to dispense still with the attendance of at least two hundred of their members , who have remained at their several homes , for their pleasure many , all for their private occasions , without coming at all to beare their parts of the houses service : this is more like to be an inconvenience to that service , then if the lords should commit two or three single persons amongst them for not appearing upon summons , when they are sued before them . but none of this need be feared : for the house of lords doth not pretend to a power of committing any member of the house of commons , if they will not appear , nor any body else for not appearing , or not answering being sued before them in a civil cause : if they will not appeare by themselves or by their atturney , and put in their answer , being lawfully summoned , and having no lawful excuse for not doeing what is required of them , and what they ought to do , but will stand out in contempt of their jurisdiction , they will proceede to hear the cause ex parte , and determine it , as they did in the case of the deane and chapter of st. cedde in lichfield , and the prior of newport-pannel upon a writt of error . r. . n. , . &c. the deane and chapter had the parlament before preferred a petition , an̄re s r. tres redoute le roi & a les nobles s rs . de cest parlement , &c. complaining of a judgement in the kings bench by which an annuity of mark per ann . and an arreare of an hundred , which they had recovered in the common pleas , was judged against them in the kings bench , and had prayed a scire facias for the prior to appeare returnable this parlament , which was granted : and the prior now solempniter vocatus , non venit , being solemnly called appeared not : whereupon the record saith , decanus & capitulum petierunt iudicium parliamenti , & quod ob defaltam nunc prioris procedatur ad examinationem recordi & processus praedicti brevis de errore , quod in parliamento concessum est . the dean and chapter demand judgement , and that upon the default of the prior , they will goe on to examine the business , which the parlament granted . they do so , and then give judgement for the dean and chapter . and in truth there is all the reason in the world it should be so , that a man , who wilfully and contemptuously will refuse to appeare , and will not stand to the law , should at least not receive benefit and advantage by his contempt and by his own default : otherwise , it is but not appearing , and one is sure never to have any thing judged against him ; but he shall keep what ever he is once possest of , right or wrong . therefore the house of commons need not fear being deprived of any of their members for their being sued in the house of peers ; their persons are safe whether they appeare or no ; but that must not hinder the lords doeing right to others , who have to doe with those members , and have cause to complaine of some judgement given in their behalves in an inferiour court : so that objection falls to the ground . nor in truth have i heard any that is of weight , to make me so much as hesitate in my opinion of the truth of those positions , which i have ever believed to be most true , and which i laid down at first to be the ground of which discourse , and this i have endeavoured to make out to the satisfaction of others ; as first , that the parlament is the supreame court of judicature , to reforme and redresse the failings of inferiour courts , when either they delay justice , or give wrong judgements . secondly , that this jurisdiction is solely and singly in the house of peers . thirdly , that the house of peers exerciseth this jurisdiction , to the reliefe of those who are aggrieved and complaine , be it a court of law or a court of equity they complaine of . fourthly , that members of the house of commons are not more exempt then others from this jurisdiction , when they are concerned in any case that is complained of . now whether or no i have performed what i undertooke , and said that which will satisfie those who will be satisfied , others must judge : this onely i will be bold to affirme , that in all i have said , i have delivered the truth , and nothing but the truth , but perhaps not all that is truth upon this subject ; for i doubt not but much more may be said by those that know more then i doe , and who are better skilled in the antient records of parlament then i am ; yet i have said so much , and am so much more confirmed in my former opinion and belief of this truth , by looking a little further into it , and examining it more narrowly , then otherwise i should have done , if it had not of late been questioned and strongly opposed , that i shall be glad to heare what can be said against it , and what reason can be alledged in maintenance of that opposition ; till when i shall rest , heartily wishing truth may prevaile , and that to stand and be submitted unto , which is agreeable to justice , equity , and the antient usage and custome of this kingdome . finis . errata . page , . line . for defauce , read defaute , and l. . for forsement . . fortement . postscript . in the citing of the record of the agreement between the king and lords . of e. . mentioned pag. . one passage in it may be thought to have been purposely omitted , which truly was meer inadvertency : and it seeming to restrain the judicial power of the lords , that it should not extend to the judging of commoners , i have thought fit to insert it here . the words are these ; after saying , that it was agreed between the king and lords , qe les pieres qores sont , ou les pieres que seront en temps auenir ne soient mes tenuz ne chargez a rendre jugements sur autres qe sur lur pieres , there is added , ne a ce faire mes eient les pieres de la terre poer , eins de ce pur touz iours soient deschargez , & quitez . that the peeres of the land may not have power to doe this , but that for ever they may be discharged and freed of it , that was , of judging any but their peeres . and if this had been an act of parlament , which had passed both houses , and becomed a law by having the kings assent to it , no question the lords had been bound up ; and without another act of parlament to repeale this , they could not have exercised that jurisdiction , which they have exercised ever since in all parlaments , and which those lords themselves , who made that agreement and bargaine with the king , did afterwards exercise in that very parlament , in the case of sir thomas de bercley , whom they tried for the murther of king edward the d. the truth is ( as is before said in this treatise ) it was but a sudden effect of passion , and of an indignation which they had conceived against themselves , for what they had been forced by the king to do most unjustly , in condemning the earle of march , and sir simon de beresford to death without calling them to answer . nor yet do they say , they had not power , clean contrary , it appears they had it , for they desire that power may be taken from them , that neither they nor their successors may have it for the future , but then having it , they could not by this act of theirs divest themselves of it . for nothing but a law could doe that , and it is cleare that this was none , but meerely an order of that house , of which themselves were masters , ( as the house is still of all it's orders , and may alter or revoke them as it pleaseth ) and themselves it seems did revoke this order , for they afterwards in that very parlament did the contrary in the case of sir thomas de barcley . but admit they had done so , and that their order had still continued in force as to them , it could have no operation upon succeeding parlaments to bind them . so as this record cannot be said to be of any signification to impeach the power of judicature which is in the house of lords , no not in the least degree . but i was willing not to conceal any thing , which hath but a semblance the other way : and indeed indeed the truth will the better appear , and be made the more clear and perspicuous , by shewing the weakness of all that can be said against it . finis . certaine queries of some tender conscienced christians about the late protestation commended to them by the house of commons now assembled in the high and honourable court of paliament [sic] : wherein they desire to bee resolved concerning written by a learned divine. learned divine. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) certaine queries of some tender conscienced christians about the late protestation commended to them by the house of commons now assembled in the high and honourable court of paliament [sic] : wherein they desire to bee resolved concerning written by a learned divine. learned divine. [ ], p. s.n.], [london? : . for text of the protestation, cf. england and wales. parliament. protestation by the parliament the third day of may, anno domini, . [london] . reproduction of original in thomason collection, british library. eng england and wales. -- parliament. -- house of commons. -- protestation by the parliament the third day of may, anno domini, . oaths -- england. great britain -- history -- charles i, - -- sources. a r (wing c ). civilwar no certaine queries of some tender conscienced christians. about the late protestation, commended to them by the house of commons, now assemble learned divine a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion certaine queries of some tender conscienced christians . about the late protestation , commended to them by the house of commons , now assembled , in the high and honourable court of paliament . wherein they desire to bee resolved , concerning . the authority imposing it . . the necessity of it . . the danger of it . . whether it can be taken in faith . as also certaine queries , concerning the ambiguity thereof , appearing in most , if not in all the severall branches thereof . together with a form of such an interpretation of it , as may safely be taken , and doth not goe against the literall sence . written by a learned divine . printed . the queries of certaine tender-conscienced christians , concerning the late protestation , commended to them by the house of commons , now assembled in the high and honourable court of parliament , wherein they humbly crave a cleere satisfaction from their abler brethren , that they may take it with a well grounded and cheerfull conscience . first , as concerning the authority of it , whether it comes sufficiently authorised to be imposed upon any , unlesse by the joynt consent of his sacred majesty , and both houses of that high and honourable court , both head and members ? we do not hereby intend to charge any with the guilt of combination against authority , but in the tendernesse of our consciences , humbly to signifie our just scruples , about the authority imposing it , and the contents of it ; if it be said it is not to be imposed on any , then we hope none can justly blame us , for using our lawfull liberty , and refusall of that which is not imposed on us . secondly , concerning the necessity of it ; what need is there of urging or taking protestation at this time ; since oathes , sacred bonds , are not to be taken without urgent necessity , unlesse wee will take the name of god in vaine : and though the prudence of the contrivers may see a necessity to commend it , yet it is no wonder if such silly ones as we , see not the necessity of taking it , untill they shall be pleased to impart their reasons . the conscientious will hold them selves bound to maintaine the doctrine established , power of parliaments , and liberty of subjects without it : all others will slight it : we thinke in all humility love a stronger bond then compulsion , and other meanes more effectuall for holding our of popery , namely , diligent preaching , prayer , humiliation , and reformation , whereby we may encrease in the knowledge of the truth , and the ability to defend us against the enemies of it . but for ministers it seemes lesse needfull , who have already subscribed and sworne , and subscribed to the doctrine of the church of england against popery , against whom sufficient provisoes are made in case they revolt . . thirdly , what danger by multiplying oathes , where divers for feare may be forced to take them , reluctante conscientia . most do make too little conscience of them , and may endanger the land by drawing on it a judgement for their slighting such a sacred bond , or violation of it , for oathes the land mournes , ier. . . whereupon saint austin in his second sermon , de verbis apostoli , falsa juratio exitiosa , vera juratio periculosa , nulla juratio secura est . above all things my brethren sweare not , isaiah . . . fourthly , whether can this oath betaken in faith ? without which , whatsoever we doe is sin , rom. . . now this oath comprehends so many things of severall kinds , and divers of them unknowne to most of us , that though wee be ready to beleeve and receive some of them single , yet our faith cannot fathome all together , and so we cannot sweare without doubting . and surely doubtfull swearing , is as dangerous as doubtfull eating : every oath should be taken in truth , righteousnesse and judgement . ier. . . how can we take an oath in judgement , not having a full perswasion in the meaning of it ; or how can others with good conscience presse it on us , till they give us full satisfaction herein ? if it be answered that the creed , &c. are ambiguous , subject to doubtfull interpretations , as appeares in divers articles , yet upon this reason , may not bee refused to be sworne : to this , the learned divines of aberdine have given sufficient answer . pag. . of their duplice : these are of divine authority , or next divine , agreeable to the word , approved by the uniforme consent of all places in all ages . whereupon wee are undoubtedly perswaded that the contrivers of them did neither intend , nor yet set downe any untruth , and therefore we doe submit to the infallible authority of them ( though somethings be controverted in them ) whereas we cannot suppose the same in any oath contrived by men , subject to errors , wanting that generall approbation . the ambiguity of the oath appeares to us in most , if not in all the severall branches of it . . i promise , vow , and protest , to maintaine with my life , goods , and power , the true protestant religion , expressed in the doctrine of the church of england . quaere , what is the doctrine of the church of england ? whether that in the articles ? why is it not specified , that we may know to what we sweare ? whether may it not be extended to that which hereafter shall be established ; since in the oath it is not ( not expressed , or already established ) but , expressed , in the doctrine of the church of england ; which we suppose will bind us , if expressed hereafter ; if so , none will set his seale to a blanke bond , so as the obligee may make his debt as large as he listeth : and we conceave wee should bee more cautelous in engaging our selves by oath , then our estate by bond , since the tye is more vigorous , and the breach more dangerous . ley , pag. . i swear to maintain this doctrine against all popery , and popish innovations . quaere , in what extent is popery here abjur'd ? whether onely in doctrinals , and such onely as are fundamentall , or come nigh the foundation ? or to remoter superstructions undetermined ? wherein it hath alwayes bin held lawfull for schollars to vary , and abundare sensu suo . whether to discipline also ? and hath not episcopacy bin branded for a popish hierarchie , and the ministers ordained by them and standing under them . notwithstanding it hath beene allowed by our doctrine and established by our law ? hath not our liturgy ( though established by act of parliament ) beene rejected as popish ? and all innocent ceremonies ( though ancienter far then popery ) if abused by them ? nay , one of late , against popish ceremonies tels us , that an oath must be extended to the largest sense , disput. against engl. ceremonies , p. . . . i sweare to maintain the power and priviledge of parliaments , and the lawfull liberty and rights of subjects . quaere , what are those priviledges of parliaments and rights of subjects ? are these evident by the light of nature , that upon notifying them , every one that sweares is able to give his assent , acknowledging them undoubted priviledges and rights ? or doe they vary in diverse countries , according to the different constitutions of statutes and charters depending on positive lawes ? why are we not directed to those lawes where we may be clearely informed , what are those undoubted priviledges and rights ? . i will maintain every person that maketh this protestation , in what he shall doe in the lawfull pursuance of the same . quaer. whither am i hereby bound to embroile my selfe in every private quarrell betwixt particular persons ? suppose one that hath taken this protestation be oppressed by some great one and pursue his right . whether am i hereby to engage my selfe ? if it be with reference to the publicke state . whether am i alone bound to maintaine him in his rights , or only joyntly with others ? and how shall i be assured that it is his right , and that his pursuance is lawfull , that i may joyne with him ? i will oppose and bring to condign punishment , all such as shall doe any thing to the contrary . quaer. whether is his sacred majesty and his lawfull successors here excepted , in case they should attempt some innovation in religion , or to infringe the liberty of parliaments , or the rights of subjects , or to oppose any that hath taken this protestation ? now to take up armes against our soveraigne , either offensive or defensive , we have not as yet learned . we neither in the scriptures nor the writings , nor practice of primitive times find any other remedy for subjects unjustly prosecuted by hereditary monarches , but flight from their wrath , or patient suffering , or humble supplication with teares and prayers . nor dare we subscribe till we see those arguments answered in the learned duplice of the divines of aberdine , pag. . if his majesty be excepted , why is it not expressed ? nor can the expression of such an exception be thought needlesse , though elsewhere we sweare to maintaine the king . nor can it seeme a greater tendernesse of his majesties honour , to omit the exception in this clause , supposing his majesties constancy in religion , and equitable disposition in the adminstration of justice . surely the modest request of such an exception cannot in the judgement of any reasonable man , import the slenderest suspition of his majesties inconstancy in religion , or disposition to injustice . none are more fully setled in their good opinion of him then wee . but wee provide for our owne peace , in case of dispute about the boundaries of religion , priviledge of parliaments , and rights of subjects . nor doe we cast the least aspertion of imprudence or disloyalty upon the contrivers of this protestation , which we doubt not but their wisedomes can easily cleare , and we much crave may be cleared to us . . in case of dispute , what is the religion established , power and priviledge of parliaments , rights of subjects , and the lawfull meanes of the pursuance of the same , or concerning the boundaries of those ; who shall be judge ? the dictate of every private mans conscience ? that were to expose the kingdome to perpetuall contention ; the parliament ? what if a dispute arise when no parliament sits ? the king and counsel ? or some deputed by his majesty and the parliament ? or the stronger part ? . i sweare never to relinquish this protestation , &c. quaere , doth this clause bind me for ever in no case to alter ? what if the king and state should find it expedient hereafter to revoake this protestation , or some thing in it ? why is not there a reservation of liberty to change with the state ? master ley in his booke of the late canons , pag. . thinks it unfit to make median & persian protestantions , that cannot be altered , when as such changes may fall in a state , as the wisest law may be thought necessary to be altered , and therefore to receive no farther establishment , then may agree withall humane lawes to be left alterable . nor let us be thought herein to wrong our selves , in forging exceptions and laying impediment sin our own way . we walke in sincerity according to our light , not forging to our selves , impediments or laying stumbling blockes in our owne way , but shewing such as seeme to be layd in our way , by the incommodious expression of the protestation . if any thinke our doubts are too many , perchance he thinks too little of the peace of conscience of private christians , and price of ministery . if any inforcement should be used , our suspence , till satisfaction be given , may be charitably ascribed rather to conscience then contumacy . and therefore the case so standing , we hope we shall neither be pressed to the taking , nor our modest refusall oppressed with any penalty . what pitty were it which some mens feares begin to suggest , that after our painefull studies in the universities , the expence of our patrimonies in our costly education ( which might have maintained us plentifully in another course . ) after our painefull imployments in our pastorall church , to the tyring out of our strength . after our families encreased above our abilities to support them ( without the meanes we receive from the church ) to be thrust out of all , who cannot dig , and are ashamed to beg . after our hopes of removall of all burdens to be oppressed . with the same tongue that hath blest god for the heroicke zeale of that high and honourable court in removall of one oath , now to complaine of the pressure of our consciences by another ? that when such care is taken for the establishment of the right of subjects ( should this oath come hereafter to be pressed ) it might strip us of all , which we conceive derogatory to our rights , who are not the worst subjects . that those who have complained of subscription and oathes these eighty yeares ( though of such things onely as were established by parliament ) should now be so forward to promote this , and presse it upon others . when divers things established by law were inconstrued , the church and state thought it expedient to interpreat them as appeares , by divers canons , rubrickes , and injunctions , and the preface to the common prayer . when the oath of supremacy was inconstrued , king iames of blessed memory , vouchsafed to cleare it by publicke writings , and after to cleare this explication from all objections of ball and others , by bishop andrewes and others . when the reverend primate of armagh had cleared the same oath in ireland , the king gave him thanks for his paines taken therein , by a letter now printed . and this present parliament to remove the feare of some londoners ( as we heare ) vouchsafed to set forth an interpretation of one clause of this protestation . whether would it not highly commend their prudence , and eternize their goodnesse , to vouchsafe a further interpretation of all the severall branches of it , or authorize by speciall commission , some grave , wise men , in every diocesse , to admit of such interpretations as did not goe against the literall sense , and cleare it from all ambiguity . whether this interpretation , or such like might be accepted . . i sweare to maintaine the doctrine expressed in the church of england , &c. i understand the doctrine already established in the . articles . . this doctrine i will maintaine against all popery , and popish innovations &c. i understand all popery doctrinall , and innovations practicall , contrary to the doctrine already established . . i sweare to maintaine the power and priviledge of parliaments , the rights of subjects , &c. i understād this so farre as they shall bee evidenced to me , by the standing lawes of this kingdome , not repugnant to the lawes of god , to be undoubted priviledges and rights , and further the maintenance of these rights of subjects , i understand not with reference to one another , to be hereby bound to imbroyle my selfe in every private mans quarrell , though i conceive right , but with reference to the publike state . . i will maintaine every person that maketh this protestation , in whatsoever he shall doe in the lawfull pursuance of the same , &c. this maintenance i understand not to bind me to maintaine them by my selfe alone , but together with others consenting and lawfully authorized , the same i understand of opposing in the next clause . . i will oppose and bring to condigne punishment , &c. in all the severall clauses , i expressely except his sacred majesty , and his lawfull successors , according to my oath of allegiance , not daring to thinke a disloyall thought , much lesse to lift up my hand against the lords annointed . . i will never relinquish this protestation , &c. vnlesse the state shall thinke it expedient to alter or revoke it , in which case i reserve my freedome . finis . an act for the ascertaining the time of payment of the monies due upon vveavers-hall bills. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for the ascertaining the time of payment of the monies due upon vveavers-hall bills. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: friday the seventeenth of december, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng england and wales. -- commissioners of excise -- early works to . excise tax -- england -- early works to . a r (thomason .f. [ ]). civilwar no an act for the ascertaining the time of payment of the monies due upon vveavers-hall bills. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act for the ascertaining the time of payment of the monies due upon weavers-hall bills . whereas the sum of four hundred thousand pounds was secured to several advancers by ordinance of parliament , dated the thirteenth of may , one thousand six hundred forty and seven , to be repaid out of the grand excize in course , among several other securities held forth in the said ordinance , for the better ascertaining the time when the said money shall be paid out of the receipts of the grand excize aforesaid ; the parliament do enact and ordain , and be it enacted and ordained by authority thereof , that the commissioners of the excize for the time being , do out of such monies as shall come into their hands upon the receipts of the grand excize , immediately from and after the one and thirtieth of december , one thousand six hundred fifty and three , make payment of the said four hundred thousand pounds ( or so much thereof as shall at that time remain due and payable ) in such order and form as is directed and appointed by the said ordinance of the thirteenth of may , one thousand six hundred forty seven , together with interest for the same , each six moneths , after the rate of eight pounds per centum per annum , till principal and interest be fully discharged . friday the seventeenth of december , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . the army harmelesse: or, a dispassionat and sober discussion of the late and present proceedings of the army, under the command of his excellencie, sir thomas fairfax. wherein the equity and unblamableness of the said proceedings are demonstratively asserted, upon undenyable principles and maximes, as well of reason, as religion. goodwin, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the army harmelesse: or, a dispassionat and sober discussion of the late and present proceedings of the army, under the command of his excellencie, sir thomas fairfax. wherein the equity and unblamableness of the said proceedings are demonstratively asserted, upon undenyable principles and maximes, as well of reason, as religion. goodwin, john, ?- . [ ], , [ ] p. printed for john pounset, and are to be sold at his shop, at the signe of the hand and bible, at the lower end of budge-row neere dowgate., london, : . attributed to john goodwin; "attribution uncertain; [mcalpin collection copy] bound in a volume marked 'goodwin's tracts'"--mcalpin catalogue. annotation on thomason copy: "july ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no the army harmelesse: or, a dispassionat and sober discussion of the late and present proceedings of the army, under the command of his excel goodwin, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the army , harmelesse : or , a dispassionat and sober discussion of the late and present proceedings of the army , under the command of his excellencie , sir thomas fairfax . wherein the equity and unblamableness of the said proceedings are demonstratively asserted , upon undenyable principles and maximes , as well of reason , as religion . matth. . . . . but he said unto them , have yee not read what david did when he was an hungry , and they that were with him ; how hee entred into the house of god , and did eate the shew-bread , which was not lawfull for him to eat ( viz. in ordinary cases ) neither for them that were with him , but onely for the priests ? or have yee not read in the law , how that on the sabbath-daies the priests in the temple prophane the sabbath , and are blamelesse . plus togae laesêre rempublicam , quam loricae . tertul. proteus non reddit oracula , nisi alligatus . london , printed for john pounset , and are to be sold at his shop , at the signe of the hand and bible , at the lower end of budge-row neere dowgate . . the army , harmelesse . or the equity and unblamablenesse of the army under the command of his excellencie sir thomas fairfax , clearely and briefly demonstrated and asserted , as well upon grounds of reason , as religion ; with all materiall objections answered . vpon the first greeting between me and this saying , that may seeme manifestly true to one man , which to another appeares manifestly false . i was for a while , under some demurre , what i should make of it , treasure or coales ; the face , and first interview of it , promised ( me thought ) somewhat more then ordinary ; so that i presently apprehended , there was either some weight and worth of truth in it , or else some deluding notion of errour , of dangerous consequence . but upon a little recollection , and consideration had ; partly , of many serious , ( i wish there were no ground to say sad ) doings in the world ; partly , of some things which i had learned both from god and men , effectually perswading the truth of it ; i soone subscribed , and received it into the society of those unquestionable principles and maximes , which are in many cases of difficultie and obscurity unto others , the sweet , lightsome , and stable supports of my soule . i could not ( nor yet can ) imagine how it should be possible for the party of presbyterian ingagement amongst us ( at least for many of them ) to act with that 〈◊〉 and truculencie of spirit for their way , did they not conceive it to be manifestly the best & most agreeable to the word of god . nor can i , on the other hand , judge , but that the persons , who suffer in that extremity , which many do , and are like to do further , for their non-comportment with that way , conceive , and judge the same to be manifestly sinfull , and altogether ( taking the whole contexture and modell of it ) repugnant to that word . and so againe , when i consider , what the spirit of the most and onely wise-god affirmeth , saying , that a a gift doth blind the eyes [ even ] of the wise , and perverteth the words [ even ] of the righteous , ( with much more of like import ) and what knowing and considering men frequently teach , in such sentences as these . b there is nothing sound in a servile soule , nor is it worthy a man of wisdome to beleeve what such shall say . and again , c jupiter deprives men of halfe their wits or understandings , when he subjects them in a servile way , to the will and power of others ; with many other sayings of like tendencie with these ; when i consider ( i say ) the native and cleare consequences and issues of such assertions as these , wherein both god and men agree , i fully and convincingly apprehend , how , and in what cases , it is very possible , that men servile to their affections , and under the command of sinister and ignoble ends , may judge both such doctrines to be manifestly false , and such practises manifestly unjust , which unto men , who know no interests , but those that are honourable , and of a faire and full consistency with the publike good of men , seeme ( and are , according to truth ) the one manifestly sound , orthodox , and true ; the other , as manifestly righteous , and no waies trenching upon the due rights , or regular interests of any man . §. ii. though unto me , and many thousands more in the kingdome , the tenour of the present and late proceedings of the army is , not only unquestionably just , but emphatically honourable also , and worthy men whose soveraign ingagements are , to blesse the world with whatsoever is theirs , with all they are able to doe , or suffer . yet is it no offence unto me ( nor i trust unto many others , though sorrow and sadnes of heart in abundance it be unto us ) to heare and see , both the persons and actions of these deserving men persecuted , with the the tongues and pens of some others , as if the heavens had declared against them and written the iniquity both of the one , and the other , with a sun-beame . the knowledge of the cause causeth as well the offence , as admiration , of the effect to cease . say we not well ( said the unbeleeving iewes unto christ ) that thou art a samaritan and hast a devill ? a doubtles these iews were as confident of truth in these horrid imputations , which they cast upon the lord christ , as any anti-armists amongst us , of what gowne soever whether sacred or civill , can be of any such injustice or impiety in the army or proceedings thereof , whereof they accuse them both before god and men , and that after the restlesse and importune manner of the grand accuser of the brethren , night and day , b yea and presumed they had as sufficient grounds for the averrement of their charge , in the respective branches of it , as these can have to found any , or all their fiery pleas against the army upon . and yet as the disciples of christ had sufficient grounds to judge their lord and master neither a samaritan , nor a man having a devill , notwithstanding the confident charge of the iewes against him in both , and by vertue of those grounds , were no waies troubled hereat , or shaken in their faith : so may the friends of the army have ( yea and have , de facto ) grounds and reasons in abundance , in the strength and pregnancy whereof to triumph , not only over the importune confidence of him , who in his heat seems to threaten the kingdome , that as many as will not be resolved by his queries , that there is rebellion , treason , repugnancy , as well to the lawes of the land , as priviledges of parliament , and what not in the proceedings of the army , shall be stigmatized as men unworthy of their nation ; but likewise over all other colours , pretences , semblances , pleas , counter-pleas , charges , challenges , arguments , insinuations , accusations , adjurations , conjurations whatsoever , wherby the said proceedings as hitherto they have bin tempered and carried on , either have bin , or can be , impeached or defamed . and as the disciples of christ had so much the lesse cause to suspect their master for any thing charged upon him by the jewes , because his great interest ( which hee prosecured home , and with all faithfulnesse ) was to oppose them in their wayes of ignorance , pride , and blood ; so have the well-affected to the army , far lesse cause to be jealous of the innocency or integrity thereof , notwithstanding the many criminations , and sore accusations levied against it , considering the principall interest which the army drives , is to seperate between those men , who now rise up so full of indignation to oppose it , and their beloved lusts of oppression , tyranny and domination , and that in such a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or juncture of time , when they were rising up to take possession , and their hand stretched out to lay hold on the prey , making no other account but that the bitternes of all opposition and prevention had bin now past . it would be no marvell to heare an hungry lion roare , in case the prey were taken away from between his teeth . as the same son was a ben-oni , a son of sorrow to his mother ( his birth threatning and soon after effecting her death ) who was a benjamin , a son of the right hand unto his father , a who expected strength and support by him ; so is it no marvell if the same men , be sons of deepest offence unto those who are like to suffer the losse of their hopes by meanes of them , ( no lesse haply then a constructive death unto them ) and yet sons of uprightness unto others , who have cause to expect ( through the blessing of god ) light , and life , and strength , both for themselves and their nation , from their hand . and as the name ben-oni , which the mother in the bitternesse of her soule , gave unto the child we spake of , soon vanished , the child ( as it seems ) being called by this name only by his mother ; and this but for a short season neither , whereas the name of benjamin which his father gave him , continued , and was the name by which he was generally called and knowne , whilst he lived , and is to this day : in like manner , it is not to be doubted , but that also those names of dishonour , unjust , unrighteous , disobedient , rebellious , &c. by which the army is called by the party agrieved at their proceedings , will soone vanish and be forgotten ; and that those appellations of honour , valiant , wise , just , faithfull , religious , denyers of themselves , lovers of their country , &c. by which they are known and called by their friends , will stand by them , and be a memoriall to them and their proceedings , throughout all generations . §. iii. but that we may not seem only to crosse affections with their adversaries , and setup our love in termes of honour , against their hatred of them which utters it selfe in words of disparagement , we shall be willing to close and joyn issue with them in a sedate serious examination and debate of the cause it selfe , not doubting but to make it more then to appeare , that those who justifie their proceedings , doe it not so much out of interest , or affection , or out of light colourable pretences , or passionate exclamations ( such as are seldome wanting wheresoever interest and affection goe , whatsoever the cause be , especially , if reason be not at hand to protect it ) but out of cleare and solid grounds , and such considerations which have no communion with any interest , passion , or affection whatsoever , except it be with the love of evidence and truth , together with all those pleasant and desirable things , which naturally flow from these unto the world . §. iv. first then , from that great and soveraigne law , or ma●me of state , the equitie , or authority whereof ( i presume ) was never yet questioned , or opposed by any , i reason thus : if the safety of the people , be the saveraign and supreme law , whereunto all lawes , customes , priviledges , politicke constitutions , interests of princes and rulers whatsoever , ought to give place , then have the army done nothing but what is justifiable , yea , and what was their duty to doe , in the things for which they were accused by many . but the safety of the people is the soveraign and supreme law , where●●●● all lawes , &c. ergo . the minor though for the 〈…〉 of the 〈…〉 of the earth deny plainly enough in works , and many of their parasites , in the consequentials of many unsound doctrines and positions which they assert : yet because i never heard of any man that denied it face to face , we shall ( for the present ) supersede the proofe of it . the consequence in the major proposition , i argue and debate thus . the army in all they have done ( i mean , in the matter under contest ) have no waies violated or transgressed that supreme law , and consequently have not transgressed any other law subordinate to it , or depending on it ; and so are blamelesse . for in every combination or subordination , whether of persons , or of things , no inferiours , or subordinate , whether person or thing , can be injured , but that which is supream or first in either , must needs partake thereof , and suffer wrong also ; yea , the truth is , that the whole subordination , and that in every part or member of it suffers wrong , whensoever any one part or member of it so suffers : the meanest subject in a kingdome or state cannot be injured , without injury and wrong done to the prince , or supreame ruler of this state , so that if the prince be not injured , certain it is , that no subject under him suffered wrong . thus then evident it is , that if the army have done nothing in way of violation of that supream law , the safety of the people , neither have they transgressed any other . §. . that they have not transgressed that great law we speake of , is evident , because in what they did , they observed it and yeelded obedience to it , they acted for the safety of the people , what they did had a full and a clear concurrence herewith ▪ and tendency hereunto ; the safety and well being of the people of their land , was now laid upon the altar , ready to be offered up in sacrifice upon the service of some few mens lusts and interests ; upon the sight whereof they put their lives into their hand , and ingaged themselves for the rescue , what is , or reasonably may be objected against this argument , the sequell will answer . secondly , from that great law of nature , which obligeth every part or member of the body , to sympathize in taking the same care one of another , and to act according to their best interests , division , and coniunction , for the preservation and well-being of the whole , i reason thus . if the army were obliged to take care of , and to act according to their best interests for the preservation and well-being of the body of the kingdom , then are they not at all culpable for acting according to the tenour of their late and present proceedings . but certain it is that the army , as every other person and society of men in the kingdom , both were and are obliged to take care of , and to act according to their best interests , for the preservation and well-being of the body of the kingdom . therefore they are not at all culpable for acting according to the tenour of their late and present proceedings . the minor proposition in this argument also is unquestionable ; that which lies as a duty upon every particular member , corporation , or society of men in the kingdom besides , doubtlesse rests upon the same termes , and after the same manner on the army also . for what can be imagined should make the difference ? the connexion in the former proposition , this consideration avoucheth for truth . the best interest they had and that which was most , if not onely , probable to contribute any thing considerable towards the preservation of the nation , from those devouring evilis of oppression , slavery , and blood , which were now comming upon it like an armed man ; was to keep themselves in a body and posture of strength and power ; the common interest of petitioning , which was wont to operate effectually towards the healing of grievances of people with those upon whom they had cast the honour of making them their physicians , being now trodden and trampled under foot , yea cast into the fire and consumed by the physicians themselves . so that had the army bowed down their backs to a dissolution , they had devested themselves of that opportunity which both god and men had put into their hand to save their nation in a day of danger and extremity ; their disbanding ( the present {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and constitution of things in the kingdom considered ) had been a constructive surrender and delivering up of this nation into the hand of a more cruel servitude and vassalage then ever it served since it was a nation , to this day . never did a red and lowring morning with more emphaticalness of presage , portend a tempestuous day ; than the burning of the humble addresses and requests of the people , coming from their aggrieved and sorrowful souls , presage a season of tyrannie and blood , coming apace upon the land , yea even at the doors . when petitions are burnt , the petitioners are no lesse then threatned with the fire . the heathen poet said , offendunt nunquam thuro , precesque iovem ▪ with incense jove was ne'er incensed known , nor with the prayers of men bowing down . * when great men are highly offended with poor people , onely for making or acknowledging them for gods ( i mean for presenting their petitions unto them ) doth it not argue a most precipitate and unnatural inclination and disposition in them unto a micanthropie , cruelty , and blood ? if our a stronorners should descry the jovial and pleasant lustre of jupiter , exchanged into the fiery and menacing aspect of mars were it not enough to make them all turn astrologers and prophets of some portentuous and formidable disaster coming upon the world : it is the demand of an heathen , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it water choaks men what can they drink with safety . if petitioning , which is of all applications and actions the cleerest and most innocent , and that by men to whom the petitioned , yea , and the whose kingdom also , under god , owe themselves , their lives , and beings ; yea and unto men whose present investiture and authority being interpreted , is ( in one of the main and primitive intentions of it ) to receive petitions , and gra●●e petitioners ; yea moreover , if petitioning to such men by such men , not for half their kingdoms , nor for any thing likely to strain either their 〈◊〉 , or their bounty in point of condefcention , but onely for their regular and known hire , for that bread which they had dearly bought with their sweat and bloud , and such things as the petitioned themselves acknowledged to be due unto them : i say , if petitioning on such terms , under such circumstances as these , did so far work upon the brow of the petitioned , cast them into such an extasie of indignation , as to declare to the whole world that they should look upon the petitioners as enemies to the state , unless they desisted ; what innocency , what moderation , what peaceableness , what subjection to laws , yea what tenor of actions , lives , or conversations , could either the petitioners , but especially the rest of the people of the kingdom , imagine should be able to protect them against the unnatural , inhumane , and prodigious insolencies of such men . when innocency in conjunction with soveraignty and height of merit , shal be trampled upon as clay and mire in the street , by men in power ▪ what doth it portend , but the preparing of a yoke of iron for the neck of the nation ? elian reports that in one of the states of greece , when the sheep of one nicippus brought forth a lyon , it was justly concluded that it portended a tyranny , and change of the state , from a peaceable to a bloody government : so when fair , just , and peaceable actions in inferiors , shall produce fierce , violent , and mennacing oppressions and deportments in superiors , it is a signe fully demonstrative that they are in travel with oppression , cruelty , and blood : yea and begin to cry out to be delivered . so then , there being these and many other most apparent symptomes upon the nation of a death of their liberties , and all their just rights and comforts , approching ; and withal , there being no visible , no nor probable means to prevent the coming and prevailing of this great destruction over it , but onely that interest of power and strength which yet remained in the body of the army ; in case the army had devested themselves of this interest at the instance and demand of those who demanded it , what had this ( in due construction ) bin , but the delivering of that sword out of their hands , for the smiting of the nation with violence and oppression , which both god and the nation it self ( by their trustees ) put into their hand , for the preservation and protection of it from , and against these evills ? qui non vetat , peccare , cumpossit , jubet . thirdly , from one principal branch in that covenant , which they solemnly sware and covenanted both with god and men : i further argue , if the army promised , vovved , and protested in the presence of god ( promising , vovving , and protesting herein nothing but what was lavvful ) to maintain and defend , as far as lawfully they might , vvith their lives , powers , and estates , the lavvful rights and liberties of the subject , &c. then are they not to be blamed , but honoured rather as covenant-keepers in their proceedings . but this is the case , the army did thus promise , vovv , and protest , and therein promised , vowed , and protested nothing but what was lawful . therefore not to be blamed , but rather honoured as covenant-keepers in their proceedings . the former part of the assumption is evident from the tenour of the first branch of the covenant , together with the known act of the army ( at least of the chief and greatest part of them ] in taking it . the latter part is granted by the parliament themselves , and all those , who having taken the said covenant , do not repent thereof . the consequence in the proposition is evident also upon this supposition , that the army in what they have done , have gone no further then lawfully they may , to maintaine and defend the lawful rights and liberties of the subject . the truth of this supposition is fairly demonstrable thus . that is lawful for men to do : which upon good and warrantable grounds they judge necessary to be done , for the procuring and effecting of that which by duty they stand bound and obliged to do . that the army stood bound in duty , and by the band of their covenant , to maintain and defend the lawful rights and liberties of the subject , is evident , and above all contradiction . the grounds upon which they judged it necessary to steere the course which they have hitherto held ; partly in not disbanding ; partly in impeaching some members of parliament in pursuance of their covenant , in the particulars mentioned , are these [ with their fellows ] first , they cleerly saw , and the world round about cleerly seeth , that the lawful rights and liberties of the subiect , were not onely threatned , or assaulted , but sorely wounded and endangered also , [ and consequently stood in eminent need of maintenance and defence ] havock and spoyl being made of them from day to day ; in burning their petitions , and declaring those enemies to the state , who onely petitioned , and that in a peaceable way , for what the parliament it self acknowledged to be just and equal to be granted unto them : besides the numerous arbytrarie and illegall , yea causless and reasonlesse imprisonments of the persons , sequestrations of the estates , and many grievous and unjust molestations otherwise , of the free-born subjects of the nation . the civil law saith ( and not without ground ) that he which hath hurt one , hath threatned many : and by the rule of proportion it may be as truly said , that they who have hurt many , have threatned all . secondly , they cleerly saw and understood , that there was no visible , nor in any degree probable means now left unto the nation , for the maintenance and defence of the said lawful rights and liberties of the subject , but onely that interest which was vested in them , being yet an armie , and an united body . the prevailing party of those men , who ex officio and according to the ducture and engagement of the great trust reposed in them , should have asserted these rights and liberties , had turned head upon their trust , and judgement into wormwood ; and had not only laid their foundations ; but being active in their way , made no smal progress in building up themselves and their own exorbitant greatness , in the ruines of the rights and liberties of the people , ( as hath been shewed ) yea , by the lawless law of prerogative and priviledge conspiring together , had now the fee-simple of those places , and that power setled upon them ; by the advantage of which , they might have done not onely what they pleased ( and what this is , and was like to be , they have resolved us without putting it to the question , by their actions ) but whilest they pleased also ; and this without any bridle of fear in their lipps of being countable unto any for whatsoever they should doe . so that now the army was the onely spes gregis , the sole hope of recovery , under god , to the drooping and dying freedoms of this nation . the army could not but apprehend , that had they willingly walked after the commandment of those , who required their disbanding , and not stood fast by their interest of union and power ( at least for a season ) they had been like water spilt upon the ground ; or ( in the prophets comparison ) like unto a potters vessel , so broken in pieces , that there vvould not have been found in the bursting of it , a sheard to take fire from the harth , or to take water withal out of the pit . * they had been wholy unusefull and unserviceable to that great interest of the nation , the maintenance and defence of the lavvful rights and liberties of the inhabitants thereof : and so had deprived the kingdom of all hope ( yea and possibility in an ordinary way ) of receiving their dead ( liberties ) raised to life again ; * the soft breathing of which hope , is now of more value and refreshing to the nation , then all the silver and gold that is in it , and all the treasure besides . fourthly , it is no whit less then evident , that they who made tryal of a pretended or imaginary right to dissolve and scatter a reall power , in the disbanding of the army , ( for no person nor persons of what capacity soever , have any power , either to act , or to enjoyn any thing destructive to the lawful rights of any man , much less of a kingdom ) no waies intended to ease the nation of the burthen of an army ; but onely to cast down and make a plain of that mountain of men which stood in their way , and obstructed their passage to that lordly paradise of a perpetual and unaccountable domination , the figure whereof they had taken up and committed folly with in their imaginations . as for the nation , the case is plain enough , that their intent was , to take off the weight of the little finger of the army , that they might gain an opportunity instead thereof , to lay the weight of their owne loynes upon it . fiftly , ( and lastly for the impeaching of the members ) supposing their guiltinesse , or be it but a strong presumption of truth , in those high mis-demeanours , which are now charged upon them ( beneath which their greatest friends ( i presume ) and confederates cannot favour ▪ them ) the army had reason in aboundance to lift up their hand to this expedient also . because first , had not this salt been cast into the parliamentary fountain , the bitter waters thereof could not have been healed ; nor reduced to any such sweetness , that the families of the kingdome might with comfort and safety drink of them . it was no waies likely that ever this fountaine would have purged or clarified it self , as naturall fountains being royled and muddy , sometimes do : because the mudde and filth that was in it , was in so great a quantity , and so compacted withal , that the vent or issue , through which , being open , the fresh waters successively springing and rising up , should have wrought the cure , was hereby obdurated , damm'd , and quite stopt up . secondly ▪ there was none other hand in the kingdom , but onely the valiant and dreadlesse hand of the army , that probably durst , or however , could with that authority or hopefulnesse of successe , lift up it self to so great and honourable an attempt as this . he had need of the strength and courage of sampson , that shall take a lyon by the beard . and to say to a junto of parliamentary grandees , ye are wicked ; requires an army at least in the reere . now whether the grounds mentioned be not fully warrantable and sufficient for the army , to judge that course which they have steered , necessary for the performance of that great duty , the maintenance and defence of the lawfvll rights and liberties of the svbject , which by solemne vow and covenant , they stood bound to perform ▪ and consequently whether justifiable and lawful , i leave to the judgements and consciences of their greatest adversaries to consider ; and upon consideration , either to build them up by an ingenuous and free subscription , or by a cleer and solid refutation , to cast them down . that which is , or indeede can be objected against the premises is of little value , and very opportune for satisfaction . . the army with their proceedings , are burthened with disobedience to authority , and resistance against the higher powers , in refusing to disband , upon an ordinance of parliament , i answer . . the army did not , neither yet doth absolutely refuse to disband , and that in submission to parliamentary authority . they onely desired , that their disbanding might be respited for a time ; and have humbly offered their grounds and reasons of this their request , unto the parliament . a servant is not therefore unfaithfull or disobedient to his mr. if now and then upon occasion , and due consideration had of the nature , or consequence of some command which he shall receive from him , he shall for a while suspend his obedience , and submissively debate with his mr. either the equity or expediency of his command , especially in order to his own affaires . ioab was never charged by any man with dissobedience unto david , though a king , and that of divine designation , and this in an extraordinary way too , because he did not presently upon his command , and without dispute , go and number israel and judah , the scripture is playne , that ioab did argue and reason the case with his lord and mr. the king , before he would submit to his command : and how happy a thing it had been both for the king himselfe , and his kingdome , if this command of his had never been obeyed , the sequel of the story sufficiently manifests . . neither is all disobedience to superiours , or men in authority , a disobedience to authority , or to that higher power , wherewith such persons are lawfully invested , the lusts or arbitrary desires or wills of men in authority , are no part of their authority ; for certaine it is , that neither god , nor men ever gave unto rulers , or men in authority , any authority or power to do whatever they list ; but onely that which upon good grounds they judge to be just , and expedient for the weale and safety of the people under them , so that it no way followes that because the army hath not obeyed the persons of men sitting in parliament , and invested with parliamentary power , therefore they have not obeyed parliamentary authority . though , shadrach , meshach , and abe dnego , changed the kings word , or command , b refused to obey it , yet did not they resist his authority , or if they did , the king himselfe soone after blessed god for it . . there are many commandements of god himselfe though unquestionably lawfull and good ( for such are all his commands ) a non-performance whereof notwithstanding in some cases is very lawfull , and free from offence . it was a just and righteous command of god that aaron and his sonnes onely , and not strangers should eat of the holy things c and particularly of the shewbread ; yet david and his men , though they were none of aarons sons , in a case of necessity , eating of this bread , are acquitted by our saviour himselfe , from sin in so doing , in like manner the command or law concerning the strict observation of the sabbath , was a just and holy and good law : yet christ himselfe out of the law , pronounceth the priests blamelesse , though prophaining the sabbath , though they did that which was contrary to the letter of the command concerning the sabbath , as it related unto , and obliged the generality of men . so then , if the commands of god which are unquestionably just , holy , and good , and of universall expediency unto men , yet as occasion and circumstance may be , may very lawfully , and without the least touch of sin be transgressed , much more may the commands of men , especially such commands , the equity and expediencie whereof for publike good are very dubitable , upon just occasion , and in due order to some important good , be disobeyed , not onely without such height , and heighnousnesse of guilt , as the passionate , but withall rediculous exclamations of many import to be contracted to the army ; but without any touch or tincture of guilt at all . . and lastly , as the saying is that there is no generall rule but hath its exception , one or more ; so there is no ordinary or standing law , but must give place , and yeeld obedience to that law , which is the law of lawes , the law of necessity ; when this speaketh , it is like a king upon his throne , against whom there is no rising up ; all other lawes must keepe silence before it , and bow downe to it as their soveraigne . it is true , this law when it speaketh , commonly troubleth the world ; by turning the accustomed and setled course of things in it upside downe . the voice of it somtimes is like the roaring of a lyon , which maketh the beasts in the wildernesse to tremble , but herein it maketh some kind of recompence , it troubleth not the world often , it but seldome interposeth , to the prejudice , or non-observance of standing lawes ; yea and when it doth interpose , the rule and kingdome of it soone hath an end : like to the tempestuous winds , which ( as some mariners have observed ) sometimes blow upon the coasts of the island brava , whose onely prayse it is , that they continue not above an houre , but within this time they commonly change all the points of the compasse . necessity ( saith luther ) takes away and overturnes all lawes ; yea it hath no band or tye of any law or lawes upon it . and such sayings as these . necessity takes away the law , necessity brings a priviledge with it , &c. are very common in the civill law . and though the jews , especially in their doctrinalls , were very strict and rigid for the observation of their sabbath , yet it is a knowne rule amongst them , that periculum , vitae pellit sabbathum , . danger of life drives away the sabbath . but the saying of iunius a late learned divine , is very memorable to this purpose . this ( saith he ) belongeth to comōn law & equity , that unto extraordinary evils , extraordinary remedies must also be applyed . it were easie to multiply both rules & examples , out of the best approved authors , to justifie the doing of many things in cases of necessity , which out of such cases are unlawfull , as being contrary to ordinary lawes , and standing rules . so then , the law and command concerning obedience to magistrates and rulers , being an ordinary and standing law ; it is , and ought to be subject to the law of necessity , neither ought any man , or any society of men in or for his obedience to this to be judged culpable , or any wayes delinquent , though it be with disobedience to that other . therefore it no wayes followes . the army have disobeyed the commands of their superiours , therefore they are not censureable as evill doers . but secondly , it is like it will here be yet further objected and said . yea but who shall judge of a case of necessity ? if inferiours and they that are under government , and ought to obey shall be allowed to judge , and to determine of cases of necessity , it is like , that whenever the commands of their superiours do not please them , or suit with their ends or desiers they will pretend and plead necessity in way of barre to their obedience and so the ordinance and law of maiestracy , will upon the matter be made void , and of no effect , and then a chaos and confusion of anarchywil soon overspread the world . in the present case , the patliament who is the most competent judge , if not the only judge of a case necessity especiallyin order to the publike good and wellfare of the estate and kingdome , did not apprehend any necessitie at all . for the army to deny their obedience and subiection to their ordinance and command for disbanding ; and is it lawfull for inferiours , and by name for the army to oppose the judgment of the supreame iudicatory of the kingdom , espesially in a case of such a referrence and import as that ? to this also i answer . . in generall . . in particular . first , for cases of necessity they are for the most part very easie to be judged and discerned , mens senses usually informing their understandings when they fall . when david and his men were an hungry , and saw no possibility of being supplyed , or relived otherwise ( suppose them all persons of far lesse understanding then they were ) they were and had been ( ever under such a supposition ) the most competent , and best quallified judges in the world of that case of necessity which was now in upon them , viz. to do that in eating the show-bread which in other cases was not lawfull for them to do . by the way , this instance concerning david , and his men , being made a booke ▪ case by christ himselfe , cleerly proveth that extremity of hunger , is a reall and authorised case of necessity ; and consequently priviledgeth those that are under it , whilst it continueth upon them , from subjection to such lawes , which oppose the reliefe of it , and whereunto they are , and ought to be subject , at all other times . and if hunger , though but of one or of a small number of men , be warranted by christ , for a case of necessity , and as a dispensation from an ordinary and standing law ; much more are the like , and especially greater concernments of greater numbers of men , to passe in our judgments for cases of like nature name and import . secondly , though some may pretend and plead a case of necessity where none is , to exempt themselves from some lawes or commands , which they have no mind to be subject unto ( who are justly punishable upon sufficient evidence of their dissimulation ) yet this is no competent ground or motive to deny a lawfullnesse of power unto mea in generall , to judge of such cases of necessity , whereof they are capable by principles of common sence , and ordinary understanding . though many are hipocrites in religion , and professe they beleeve in god , when they doe nothing lesse , yet this is no reason to interdict any man , either the triall or judging of his faith , or the profession of it . when indeed he hath it and doth beleive . . though men in places civill iudicature and magistracy be ordinarilyand in the generall the most competent judges of such cases of necessity which are of publick interest and concernment : yet first , considering what was said towards the begining viz. that a guift ( and consequently any thing of like influence and operation upon the heart of men ▪ as vehement desiers , and hopes of irregular & undue injoynments in anykind &c ) blinds the eyes of the wise , and pervert the words of the righteous ; . the richly testified & long approved integrity of others , who though ( haply ) not vested in any place of civill authority , yet are men of sound judgment and ofexecellent abilities to discern in many cases the dijudication of such an interest we speak of , as farr more competent and proper for some private men , then for those that are above them in authoritie and power . when a man not suffsiently acquainted with the way . which he is to travaile , shall hier , and take a guide along with him ▪ who knowes the way , to direct him , though in this case it be ordinarily more regular and rationall , for such a man to follow his guide , and to be directed by him ; yet in case his guide fals blind by the way , he is fitter from thence forth to be his own guide , and to follow the dictates of his own eyes and judgement , then to be led along , haply into ditches and precipices by a blind man , or suppose a wise and discret woman , should joyne her selfe in marriage to a man of worth , and considerable ability : though it were most agreeable to the will and law of god , and to the principles of naturall order and reason , that this woman should obey and be subject to the councells and directions of such an husband , whilst god shall please to keep him sound in his intellectuals ; yet in case god shall take of the chariot wheeles of this mans reason and understanding and smite him with ● phrensie or madnesse , in this case , it is more meete that the husband though naturally the head , should follow the councell and directions of the woman , though more generally the weaker vessell , then that the woman being discreet and sober , should be dispesed off , or concluded by the will or commands of the man . it is a true observation and saying of bazil , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : ( lib. d spiritu fancto cap. . ) that is according to the order and course of nature , that which is wise or prudent is to order , and rule . so that in case a person , one , or more advanced to the place of magistracy and civill power , at first judged upright , and capable of the things appertaining to his place ▪ and to the publique good by those who advanced him , shall in time so farr degenerate , and become unlike himself , that either by bribery , covetousnesse , ambition and impotency of desire of arbitrary domination , or the like , he suffers his eyes to be blinded , and looseth his habit or principle of discerning matters of publick concernment : in such a case privat men , yea the generallity of men are more competent judges of their common concernment then he , and as the lord christ in that saying , if the blind lead the blind , they shall both fall into the ditch . * gave men a piercing item in their spirituall affaires , to seeke for eyes of their own wherewith to find out themselves , and to be able to judge of the waies of life , upon a supposall that their leaders would sometimes , if not very frequently , prove blind , in which case , unlesse themselves had eyes to see , and should walke accordingly , they would certainly perish for ever : so is it in mens temporall and civill affaires proportionably : if the blindlead the blind . if blind magistrates shall lead a blind people , or a seeing people , ( for there is no difference in case the one be led aswell as the other by the blind ) if the people ▪ ( i say ) whether blind or seeing shall subject themselves without due examination and triall , to whatsoever their blind rulers , whether in pretence , or in reality of intention ( for their is no difference in the case we speak of ) shall command them to do in order to their peace ; they run an iminent hazard of falling into the politicall ditch of externall misery and ruin . nor is their much question to be made , but that men are in every whit as much danger of being led by the blind , in their politique and civill concernment as in their spirituall : the bench and throne affoording commonly more dust to blind mens eyes , then the chaire or pulpet . but fourthly , suppose rulers and judges , should be men of integrety ( for the maine ) yea and for wisdom and vnderstanding in their appropriate affaires , men not much , lower then angels of god , yet we know the common saying humanum est errare , men have nothing more incident to them then error and mistake : and this many times in matters of very materiall consequence both to themselves and others , yea the wisest of men have their turbidaintervalla , and now and then dead flyes are found in their oyntment . david was a man after gods own heart for uprightnes and sincerity and had a very rich annointing also of the spirit of wisdome and understanding ; yet we know the time was , when he commanded , and that with much importunity and vehemency of contest , that which was of very sad consequence , both to himself and many thousands of his people : the evill tendency of which command , though himself for the present apprehended nothing of , yet was it as it seemes resented by ioab a souldier and generall of his army , who contested with him a while for a reversal of it . if then rulers and governors though men of cleerest both hearts and parts , may sometimes , through incogitancy , or weaknesse of judgment or by reason of some present over ▪ shaddowing with some corruption , temptation or the like , command such things to be done , which have a direct and cleere tendency to the puplique prejudice and dammage of that state and people who are subject unto them , and this discernable to private men who are standers by : ought not these men to judge , and speake what they see , and beleeve in these cases , yea and to charge the commandements of their rulers , rather then to obey them both to their owns prejudice , and the prejudice of many millions of men , whose wealth , and safety they stand bound in conscience with the best of their interests , and endeavours to procure . it christ doth not onely allow the generality of christians to try , examine , and judge , of the doctrines of their teachers , if they be able ; but injoynes them ( as we heard ) at the perill of their soules to vest in themselves such an ability , by which they may be able so farre to discerne and judge of their doctrines , as to determine whether or no their teachers be blind or seeing , admonishing them further if they be blind , at no hand to be led by them , for feare of falling into the ditch doubtlesse , he alloweth ( at least ) the generallity of men , a right and interest of judgeing and discerning , if they be able ( and what should hinder of being able to acquire a faculty of judging temporall and civill things , when christ himselfe supposeth them capable of obtaining an ability to judge of spirituall and heavenly things ) the politick doctrines . . the injunctions and commands of their civill rulers : and if he alloweth them to judge and determine of them , whether they be truly politique , and consistant with the publike good and safety , or no , certainely , he allowes them withall , either to obey , or disobey according as upon good grounds , they shall judge them to be . it is like it will be here replyed and demanded . yea , but by what rule shall inferiours judge of the commands of their superiours ? or by what character or marke , shall such commands which may lawfully be disobeyed , be so cleerly distinguished from such others , which are necessary to be obeyed , that the conscience of him that obeyeth not , may be secured in peace , in , and under his non-obedience ? i answer . first , the conscience of the inferiour who disobeyeth , may upon every whit as cleere , and satisfactory termes , be secured , concerning the lawfulnesse of his non-obedience , as the conscience of the superiour , concerning the lawfulnesse of his command . nay , of the two , there are more snares and temptations upon the superiours to impose unrighteous commands , then upon the inferiour to miss-judge or mistake , those which are righteous for unrighteous ▪ the superiour is in little or no danger at all ( i mean in respect of any civil punishment or sufferings , if he judgeth any command of his whatsoever unjust , refusing accordingly to obey it : yea he is in danger of suffering both from god and men in case he mis-judgeth any such command upon such termes , so that there is nothing so much danger , that the inferiour himself should mis-judge his superiours command , as that the superiour himself should mis-judge it , and so sin in the proposall of it . secondly , were it to be granted , that the inferiour who is to obey runs some hazard of mistake , when ever he judgeth and concludeth any command of his superiour to be unjust : yet , . the superiour runs the same ( or a greater ) hazard , ( as hath been said ) whensoever he judgeth that which he commandeth to be just ; so that if the possibility or a danger of a mistake , in the inferiour , be a ty or engagement upon his conscience , to forbear any act of judgement at all about the command of the superiour : the same of greater possibilitie or danger in the superiour must oblige his conscience also from imposing any command at all upon the inferiour , and consequently , all both commanding and obeying should cease from the world , and the interest of magistracy and government wholly be dissolved . . as the inferiour shall run a hazard of mistake , whensoever hee shall judge it righteous : it being every whit as difficult cleerly to determine what is righteous and just , as what is unrighteous and unjust , so that if the danger of a mistake , in judging the command of his superiour to be unjust , be an engagement upon his conscience , to forbear all such judgement , by the same rule , and upon the same ground , he should never judge any such command to bee just neither : in which case all his obedience must needs be sinfull , as not being performed in faith : . out of a knowledge or wel-grounded perswasion of the lawfulnesse of it . but . evident it is , that in some cases there is no danger at all , no hazard run , in judgeing the commands of superiours , unlawfull : no not when the superiours themselves shall be most confident of the lawfulnesse of them : shadrach , meshach and abednigo ran no danger of a mistake , when they judged the command of king nebuchad-nezar , for the worshiping of his golden image , to be unlawfull and unjust : and yet the king himself ( as appears by the story ) yea and all his nobles , were violently confident of the equitie and justnesse of it . nor did daniel run hazard of a mistake , when hee judged the command of darius his prince and councellours , that no man for thirty dayes should ask any petitions of any god , or man , but of the king only , to bee unjust : though it is no wayes like , but that at least the major part of them , judged it very reasonable and just . that mixt assembly of rulers and priests ( act. . . . ) were confident more then enough , that they did well , in commanding peter and iohn , to preach no more in christs name , ( vers. . . ) yet the men ran no hazard at all of mistake in refusing to obey it , as unjust . so by the way , it no wayes followes . the parliament it selfe , ( at least the major part of it ▪ judged their ordinance or command for the present disbanding of the army , to be just : therefore the army sinned , or ran a hazard of sinning , in refusing to obey it accordingly . but . in case the inferiour should at any time mistake , in judgeing some command of his superiour unlawfull , having conscienciously used compitent means for his due reformation , and judging of it as he doth , in the simplicity of his heart , not out of any sinister end , or respect as neglect of magistracy , &c. yet such a mistake , with the new obedience accompanying it , is a far lesse offence , much more pardonable or excusable , then either the swallowing downe of all commands whatsoever from superiours without examination , and much more then his subjection to this or any other command against judgement and conscience would be : so that though a non obedience in an inferiour upon such a mistake , as was now discribed in the command of his superiour , be not simply justifiable or lawfull , yet it is comparatively justifiable , being a far lesser sin , supposing the invinciblenesse of the errour , or mistake , by ordinary meanes , then the contrary , yea then any other department would bee mistakes upon diligence , and reasonable m●●ns conscientiously used for the prevention of them , as they are the frequent , so are they the lightest mis-carryings of the saints , and least obnoxious to the displeasure of god . . ( and lastly for these ) there are these three characters and symptomes very incident ( amongst some others ) to the commands of superiours , which being found upon them , render and declare them manifestly unjust , ( in which case the inferiour runneth little or no hazard in judging them accordingly ) first , when they are calculated and formed with a peculiar and cleere antipathy to the comforts and peace of such as are religious , and withall peaceable in that way of religion wherin they worship god . this is one character of an unjust command . it is not material in this case , whether the superiours we speak of or others void of religion , know who are religious 〈◊〉 . that may bee clear and manifest to religious persons themselves , which is either unknown or doubtfull , unto others . secondly , when such commands smile upon the interests of the commanders themselves , or any prevailing party or faction of them , as upon their profits , pleasures , honours , powers , &c. and withall lowre and frown upon the ease and accomodations of the comminalty of the people under them . this is another manifest character or signe of their injustice , easie enough to be discovered . thirdly , ( and lastly , ) when they have strong and pregnant conjunction , in point of conversallity , whether privative or possitive , with any such designe , whether reall , or justly suspected , which tends either to the enslaving of the generallity of the people , or to the extinguishing and defeating of their just rights and liberties ; and withall , have no connexion at all , with any imaginable benefit or good , of equall consideration unto the people . this also is a pregnant character of iniustice in such commands . suppose there be no such designe as wee speake of really intended , as for the enslaving of a free people ( or their liberties ) yet if there bee any strong presumption ( much more i● many ) that there is indeed such a designe intended , so that there is a great jealousy and feare of such a thing , generally fallen upon the people , yet in this case , for superiours , especially those who are most suspected for contrivers and drivers on of such a designe , to command such a thing , which hath a palpable and notorious consistency , with such a designe in case it be intended , and withall but a faint and slender connexion , especially if none at all , with any proportionable benefit unto the people , is at least even in the best and most innocent tendency of it , to torment the people with fears and jealousy , which is uniust for these to do , whose interest of duty is , to be nurfing fathers unto them : and though there be no demonstrative , or logick sentence , that such or such a command as we speak of , comming from a person , one or more suspected , of the designe specified ; hath a reall coniunction with such a reall designe , yet if there be a politicall or morall certainty , which stands in strength and pregnancy of probability and presumption , this is sufficient to cleare and justifie , as well the iudgement , as the practice of those ; who iudging the said command to be unlawfull and uniust , shall accordingly yeeld obedience to it . it is well observed by aristotle , that a considering man ought onely to require and bee content with such arguments and proofs , as the nature of the subiect under consideration , whatsoever it be , will bear and admit . from mathematitians we may expect close and exact demonstrations , because the subiect of this science will beare it ; but from oratours , or men handling politicall , and morall matters , we ought to bee satisfied with probabilities , and topique arguments ; because the nature of such subiects as these , will not admit of regular and perfect demonstrations . suppose a person , one or more , have a reall intention to destroy or enslave a nation ? it is not lightly possible for any other man possitively and with a mathematical evidence , or certainty of knowledge to affirm it , untill it be effected , and then it is too late to prevent it . therefore when there is a grand probability before us , a result of many circumstances , strongly inducing a beleef of such an intention , it is sufficient to build any such practice or engagement upon , which is necessary for the prevention of it . thus in generall for answer to the main obiection and demand last propounded . for the particular i shall need to add little , all circumstances relating hereunto , being generally known unto this kingdom . the command for the dis-banding of the army , being contrived and procured by , and comming from such persons ( though haply in coniunction with others ) who are strongly , and upon grounds wel-nigh irresistable , suspected of a machievation or designe destructive to the peace , lawfull rights and liberties of the kingdom ; and moreover , the said command notoriously comporting with such a designe as directly tending to breake in sander that bar of iron which only obstructed the birth and execution of it ; and yet farther , having no complyance at all with my considerable or proportionable good unto the nation : and yet more , being so exactly bent against , and level'd at the faces of such as are really conscientious and religiously peaceable in the land ; to whom the army by reason of their union and power , were a little sanctuary , and as that shaddow of a rock in a weary land . these things laid together , and duly considered cannot in the eye of any reasonable or dis-ingaged man but abundantly , and with honour acquit and vindicate the army in what they have done , though ten thousand angry and impertinent querents more , should be levied against them , to attempt the avilement and abasement of those to whom the god of heaven hath said , be ye honourable amongst men . as for that which is wont to bee objected , touching breach of priviledge of parliament , it is of no consideration or comparison with the objections already answered ; and besides , there is abundantly sufficient in the premisses , to cut the sinewes of any such objection . though priviledge of parliament , really such , and not simply but truely so called , bee truely honourable and little lesse then the light , and life , and strength of the freedom of the nation : yea , no man as yet hath , nor whilest i live shall take away this crowne from my head , of beeing cordially zealous in the defence and maintainance of them ; yet are they not of equall consideration with the holy lawes , and righteous commands of god . therefore if these may , and ought notwithstanding the jealousy of god over them , sometimes want that obedience and subjection from men , which in ordinary cases is most due unto them , much more ought the priviledge of parliament , notwithstanding any soveraignty of great 〈◊〉 in them , how downe at the feer of that soveraigne and supreame law , 〈◊〉 solus populi , the safety of the people , which certainly is above all parliaments and parliament priviledge whatsoever . yea , it is a truth unquestionable , that nothing that it sinfull , nothing that is inconsistent with the honour , peace , safety , just rights or liberties of the people , can for ever be , or make a priviledge of parliament . and whilest men act in a due and cl●er concurrence with this great law , the safetye of the people unpossible it is that they should intrench or make the least breach upon any priviledge of parliament whatsoever . and whether the army have thus acted or no , i am freely willing to leave to the judgements and consciences of all those who have diligently read , duly considered , and retain in memory what hath been argued in their behalf in their papers , to judge and determine . there may be ( i confesse ) some other things of lighter moment objected against their proceedings ▪ unto which , though these have not been given an answer in the letter , yet confident i am ▪ that there is none of them all able to stand before that spirit that hath spoken , and yet speaketh in the premisses . the god of all grace and glory , continue the parliament in a full and peaceable inioyment of all their priviledges and honour ; make streight that which is croocked , sweet that which is bitter , righteous that which is unjust , peaceable that which is troublesome , holy that which is profane amongst them ; leaving nothing in their assembly that may offend either the eyes of his own glory , or the mindes of the sober and wel-affected people of the land . the same ever blessed god , who is the lord of hosts , vouchsafe still to delight in that army in which he hath greatly delighted hitherto , and out of the midst whereof he hath looked , as sometimes he did out of the cloudy and fiery pillar , when he took off the chariot wheeles of the egyptians , and caused them to drive heavily : whilest they were in hot pursuit of his people israel , direct them in all their counsels , give them a pattern from the mount , to make and forme all their proceedings by ; keep them in righteousnesse , peace , and honour , and make them an happy band in his hand to binde up a scattered and undigested nation , which scarce knowes where to finde a right end of it self , into a compacted and well made up bundle of love , unity , and peace . finis . notes, typically marginal, from the original text notes for div a e- eadem poss●●t alteri manifeste vera , quae alteri videntur , manifeste falsa . a deut. . . b {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . plato c {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . hom. a ich. . . b rev. . ▪ see the eight queries , and the nine , and nine more added to them , lately published . a gen. . . salus populi suprema lex . § ▪ cer. . . * qui duro ducit vivos è marmore vultus , non facit ille de●s : qui rogat , ille facit . vvho out of marble living faces maketh , makes yet no gods ; but he that supplicateth . isa. . . heb. . b dan. . . . c exod. . . . levit. . mat. . . necessity is by the iewes called lex horae . the law of an houre and by others lex temporis the law of the times . davevant detrem . p. . necessitas enim tollit , & evertit omnes leges : mio nulla habet legum vinculae luth . t. . wittenb . p. . necessitas tollit legem necessitas inducit privi legium . &c. * matt. . . to the right honourable, the supreme authority of this nation, the commons assembled in parliament an appeal in the humble chain of justice against tho. lord fairfax, general of the english army, raised, and declared to be raised, for the propogation and defence of impartial justice, and just liberty in the nation / by captain william bray ... bray, william, th cent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable, the supreme authority of this nation, the commons assembled in parliament an appeal in the humble chain of justice against tho. lord fairfax, general of the english army, raised, and declared to be raised, for the propogation and defence of impartial justice, and just liberty in the nation / by captain william bray ... bray, william, th cent. p. [s.n.], london : . reproduction of original in the university of illinois (urbana-champaign campus). library. eng fairfax, thomas fairfax, -- baron, - . england and wales. -- army. great britain -- politics and government -- - . a r (wing b ). civilwar no an appeal in the humble claim of justice against tho. lord fairfax, general of the english army, raised, and declared to be raised, for the bray, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable , the supreme authority of this nation , the commons assembled in parliament : an appeal in the humble claim of jvstice against tho. lord fairfax , general of the english army , raised , and declared to be raised , for the propagation and defence of impartial justice , and just liberty in the nation ; by captain william bray . for , and on the behalf of himself , and all the officers and souldiers , and other the free people of this nation , that are for righteousnesse , settlement and peace . prov. . . these things also belong to the wise : it is not good to have respect of persons in judgement . prov. . to have respect of persons is not good , for a piece of bread that man will transgresse . prov. . . the fear of man bringeth a snare : but whose putteth his trust in the lord , shall be safe . london , printed in the yeer . to the right honourable , the supreme authority of this nation , the commons assembled in parliament : an appeal , in the humble claim of justice against thomas lord fairfax , generall of the english army , &c. by captain william bray . right honourable , i have traced the actions of men in authority , and i find , that ( to my griefe ) justice and righteousnesse ( as names ) are but a stalking horse to the designes of meer power and greatnesse , and to be in a capacitie to lead whom it will , like sheep to the slaughter , without the bounds of law or reason . it will be admired at by some , that i should contend against so great a personage : but truly , right honourable , there is nothing that makes me willing to be silent now , but this , that i my self am compassed about with infirmities : but this is no argument why i should not seek justice ; but be destroyed , ( together with others ) inslaved , and wasted time after time , by the wils of men , or of a man . it is true , i see the favour of my enemy ( he being great and potent ) will make me many enemies , because many gain honour and greatnesse meerly by it : but there is a god that impartially judgeth the earth , and the small and the great are all one with him , and with just men . it is true , i expose my self by this to the power and stratagems of the generall , and all his polititians , to undo me , and to work their revenge upon me , if the lord of righteousnesse and justice doth not restrain them : but in this consideration ( whatever my enemies power and policies are ) i shall give up my self wholly to the great judge of the earth , and trust him , come life , come death . it is true , he is great and potent by the bloud , adventures and ruines of the people ( the effects of war ; ) and to me this is a great argument against the ingrossing of all power and authority into his brest ; and much more against the acting arbitrarily and unlimitedly against any member of the people or common-weale : and to my reason , it is to make such an end of war and bloud , as that it is not worth the blood of one man ( as it may probably extend ) much lesse the bloud of so many thousands as have been slain in the war , — civill war . — . me thinks , i cannot but consider the contest betwixt the king and this honourable house : and surely , i cannot beleeve , but that , had it not been for injustice , monarchy had still remained ; and i do not think that any just man would have lift up his hand to engage in war — civill war — , for my part , i shall professe , i should not : for i am not against government , but can live with satisfaction either in monarchie , aristocracie , or democracie : for to me nothing is essentiall , but justice and righteousnesse in a common-weal . . i cannot but consider the glorious expressions of justice and righteousnesse in the many declarations of the armie ; by which the penman thereof , and the chief heads did seem to be taken up conscientiously with the power of justice , in their engagement against the parliament , and excluded many that had formerly appeared valiant and fighting men in the cause of the nation , to their dishonour and infamy ; with this pretence , that justice and reason did only justifie them , and an intention of a speedy settlement , of justice , and laws of reason to the people . but there was a declining of that solemn engagement , which was like to have made all former victories hazardous , and to have totally endangered the armie , and all the well-affected people in the whole nation . and it was mr. edward hide 's speech at a conference of both houses , . julii , . against the lord chief justice , baron davenport , baron trevor , and baron weston , in the case of ship-money : these are the men , saith he , that by doing , or not doing , have brought this war upon us : by this means , saith he , the peace of this island is shaked , and frighted into tumults , commotions , povertie and rage of war . and it had been an abuse of providence for these men to have pretended providence for their desisting from good , or their doing of evill : and i beleeve , it would not have been received as an excuse to save the king , to have used the expressions of providence ; which is much in use these times to countenance the throne of arbitrary power and dominion over the people , by men that are now made great and potent by their blood , ruines , and adventures in war , — in civil war — . . i shall present my observation to you and the people concerning the latest remonstrance from the army at st. albans . pag. . speaking against the king , ( viz. ) thus the people were made to depend mainly upon the king for all , and his interest made necessary to all ; the other pretences were but made use of to serve his ends , and an easie way to set up him an● his interest above all . pages , . that no common councell or parliaments at all should check him ; but that all matters of supreme trust , concerning safetie , and all things else , might rest in him , without limit from , or account to any upon earth ; and that all those extraordinary and arbitrary powers over the people ; yea , their persons and consciences , might be exercised at pleasure by himself , and such as he pleased to derive the same unto . page . snares and chains were laid upon consciencious and zealous men , and the generalitie of people held in darknesse and superstition , and a blind reverence of persons , and outward things , fit for poperie and slaverie . page . it was a brand of dishonour laid upon the king , to prefer such as had a mixture of ambition and vain-glory , with a servile spirit , rendring them fit to serve anothers power and greatnesse , for the enjoying some share therein to themselves . may it please this honourable house to give me leave to speak a few words , in order to the good of many of the commons of england , the officery and souldie●y of this nation , bone of my bone , and flesh of my flesh , now in being and hereafter to be ; men that have or shall adventure their precious bloud for the rights of the nation ; but not so , as unnaturally and unreasonably to exclude themselves , after their successes and deliverances , from justice and right ? the disadvantages of arbitrary power to reside in any person over all or any of the people , may become at length to be so setled , as that it will be a personal interest in him and his creatures , and a pretended prerogative against the publick interest of common right , peace and safetie ; and at length this maxime will be brought in in time , that the general can do no wrong ; even as it was said , that the king can do no wrong ; which ( as mr. solicitor cook saith in king charles his case ) is blasphemy against the great god of truth and love ; for onely god cannot erre ; because , what he wils is right because he wils it : and it is a sad thing , saith he , to consider that learned men , for unworthy ends , should use such art to subdue the people , by transportation of their senses , as to make them beleeve , that the law is , that the king can do no wrong . in these times of confusion , evill , apostacie , and warring unto bloud [ which cryes , ] i have weighed much with my self what is the onely way to compose our differences amongst our selves , and make a compleat reconciliation : and i finde nothing so likely as a mutuall agreement amongst the people , by making of just laws , agreeable to the law of nature ; which is undemonstrable , which needs no demonstration , were it not for corruption and interests . it is , as mr. john cook saith in his book against the king , the unanimous consent of all rationall men in the world , written in every mans heart with the pen of a diamond , in capital letters , and a character so legible , that he that runs may read . and it is nothing else but the policie of polititians , to live honourably by the ruines and warrings of the people , to keep off an insisting upon laws of settlement and agreement ; and to insinuate into corruption and interests that are strongest and most prevalent , that so they may keep themselves in the power of the sword without reason , in war , and after war : o sad end of war to the people ! but now every drop of blood and injustice will be recorded in mindes of just men . england hath eys ; the people thereof will not be deluded after so much blood : and for my part , i cannot but think , that all impartiall men , whether presbyterians or independents , or any else under any other name , ( that are not choaked by preferments from the present power , or in expectation of honour by favour and promise ) would have impartial justice and an equall distribution according to principles amongst the people : and i hope , there be many impartiall men that have places of honour , who ( for their countries sake ) would willingly adventure ; but it is not common : dominion and avarice are the great gods of the world . but when polititians do wave the agreement of the people in the laws of nature and reason , then we may justly fear a designe ; for it is because they would not have the people see , nor understand : for then they know they could not do what they please , and continue in the throne : they could not get persons to be esteemed more then principles . but i shall shew unto this honourable house , how his excellency the general of the english peoples armie , hath dealt with me , as well as with other of the people ; and how such actions are the paths of former powers . and i shall shew of what a dangerous consequence the actings of the generall are , and how consonant to the late kings actings amongst the people . and indeed , mr. solicitor cook saith , that if any of those that tried the king shall turn tyrants , or consent to set up any kinde of tyrannie by a law , or suffer any unmercifull domineering over the consciences , persons and estates of the free people of this land , they have pronounced sentence against themselves . master solicitor cook hath these several arguments against the kings tyranny and policies , cited in king charls his case . first , the king , when there ever was a spirit of justice stirring and discovered in the house , he sends the black rod , and dissolves the parliament ; and so the parliament men were fain to go home with a flea in their ear , and tell the free-holders in the country of the bravery of the king and lords . so the generall , &c. when he saw the spirit of justice stirring in the armie amongst the free people and souldiery of this nation , that had adventured their bloud , he dissolved their generall councell of two officers and two souldiers of every regiment , &c. secondly , if the people clamour for another parliament , then there goes out another summons ; yet a way made to make all fruitlesse , by a negative voyce that the people cannot save themselves without him ; and must cut their own throats , if commanded so to do . so if any of the people in the armie claim and clamour for their rights , even for their indisputable rights of petitioning ; then presently there is an order from the generall and some other officers , or a command and negative voice , to hinder the same : whereas they charged hollis and stapleton for overthrowing the rights and liberties of the subjects of this nation , in arbitrary , violent , and oppressive wayes , and endeavoured by indirect and corrupt practices to delay and obstruct justice , to the great dammage and prejudice of divers of the poor commoners of england petitioning for the same . thirdly , another means he had to put some others between him and the peoples hatred , by a pretended prerogative to be the sole judge of chivalry ; and to have the sole power of conferring honours ; that so he might be sure to have two against one to stand for his prerogative against all right and reason . and so , what gaping and depending upon the generall after places of honour and profit ; what undermining any one that is out of favour ( though without cause ; ) and what snares there are and have been laid for the casting out of those that have appeared conscientiously stedfast to their principles , for the rights of the people , let all rational men judge . fourthly , another means he had to delude the people , to make the people beleeve , that he had committed all justice to the judges , and distributed the execution thereof into severall courts ; and that the king cannot so much as imprison a man without law or reason . but see what a mockery this was to justice : if the king have a minde to have any publick spirited men removed out of the way , this man is kill'd , the murtherer known , a letter comes to the judge , and it may be it shall be found but man-slaughter . so , when the lord did ( though with much temperance , as i appeal to the world ) make me to own things that are just , according to their own former words and actions ( as after appears in my case ; ) then i was presently a mark to shoot at ; and though this hath not extended to murther mee as yet : yet it hath extended ( as much as in him lay ) to dis-repute mee , and undoe mee ; snatch mee off by force from the common cause of the nation , and unmercifully make mee lyable to insurrections and invasiens , if any shall be . fifthly , for matter of libertie ; if the king , or any courtier sends a man to prison , if the judge set him at libertie , then he puts him out of his place : which is ( saith hee ) a temptation too heavie for those that love money and honour more then god . so , if any one appears out of a reall affection to justice , for any one that is extremely oppressed ; then there is suspicion and jealousie ; and as the new colonell john reynolds said to one , if hee should speak for mee , he should prejudice himself ▪ sixthly , the king pretended a prerogative , that he might avoid any of his grants ; and so might cozen and cheat any man by a law ; and the ground thereof , that the kings grants shall be taken according to his intention : and by this means the kings grants have been like the divels oracles , taken in any contrary sense for his own advantage . whereas master solliciton cook saith , all the judges in england cannot make one case to be law , that is not reason . but the general ( though he hath joyned in many good things ) hath made void his own solemn engagements to the souldiers and people , hath imprisoned and cashiered those that have appeared consciencious to their principles ; and used divers arbitary and oppressive wayes , to make himself and his creatures absolute and unlimited , tending to the extreme prejudice of many of the common-weal ; ( viz. ) officers and souldiers of this nation , as appeared by his actions of cashierement , of captain ingram , and then the life-guard , my self , and divers others in the engagement equally concerned ; and so he goes on to an absolute will , divided interest , and conquest over many of those that have engaged in england's bloud , and appear for england's libertie , and at length may over all others ; contrary to the declarations of the army in opposing the parliament , in the declaration of the fourteenth of june , , in the volume , pages , , . but conquest or power makes a title amongst wolves and bears , but not amongst men , as master sollicitor cook saith against the king . what a sad thing is it , that after our engagements , double and treble engagements against absolutenesse , tyranny , conquest , arbittarinesse , the same things must be done amongst our selves ? and now i appeal to you for judgement and justice that may appear without partiality to the understandings of all unbiassed men . i shall onely hint unto you the businesse of warre in a few words , ( viz. ) if i had deserted the regiment at the time of the agreement of the people , i had been a perfidious fellow to my principles , and the nation , and armie ; and by that means the nations interest in that regiment had been the kings ▪ for there were some lords in the quarters courted them to it . but this honourable house , and all rationall people may see how inhumanely i was used . after my being apprehended in the field , i was six weeks in custody at windsor , or thereabouts : i was justifiable in my grounds and reasons , which did relate to the engagement of the army , the agreement of the people , and the generals just authority : and i was declared justifiable by lieutenant generall cromwell , as many can witnesse ; and commissary generall irevon told one in private ( viz. mr. sexbye ) that there was nothing against me . i was appointed my command again under the notion of an holy fast , and of their desiring an union , and imbracing one another in love , ( oh sad hypocrisie ! ) but it was to juggle me out of my right : ( reason and justice being for me , as doth after appear ; ) that what reason and justice could not do , power should . after that , the generall seemed to be dis-satisfied : though commissary general ireton said , that god did incline the hearts of the generall and generall councell to desire a union , and embrace one another in love ( his very expressions , as many were witnesse ; ) and so i had lieutenant general comwels letter to newcastle : but that apostate , my deadly enemy , henry lilburn ( having influence in the generall , when i came from newcastle , two hundred and ten miles from london ) got me presently suspended my command : after some five or six weeks stay , suspension or confinement there , a commission was sent from the generall for another to have my place . i had some losse also by the tedious journey : lieutenant colonel henry lilburn had also broken open my trunk , and seized upon my commission , and kept it . i was fain after all this to return to london . i had been four or five months or thereabouts strook out of the muster-rols of the armie without cause . when i came to london , i made my appeal to the general and his counsell of war , and delivered it to himself to be heard , and for justice ; but i spake to the air , i could not get it granted . after that i made many private addresses by my self and others : he told me , it was his pleasure . i offered to refer it to some parliament-men to hear the businesse , i could not have that granted : i offered to refer it to some consciencious officers of the armie in private , i could not have that granted : which actions were ( under correction ) contrary to the solemn engagement of the armie , the articles and discipline of war , and all manner of christian society and reason amongst men . — oh unreasonablenessel — and at length , all that i could get from the generall , was but twenty pound out of the contingent moneys . and the truth of it was , it was extreme grievous to me to bring odum upon the generall and others , with continuall hope : of his and others resurrection , or standing for principles of justice and freedom to the people : but now i see it is of such an extension , as a continued design to disparage , dishonor , and destroy me , and consequently others ; i hope i shall be excused in the eyes of all rationall men , that i now speak : though , for enemies to me , and apostates , i care not what they say . after all this injustice and dissatisfaction , when others would have wrought upon these things , and used it , as an argument to me , to revenge my own wrongs , and publique injuries ; another pretending for the king and justice , insinuatingly , politiquely , and privately , that if i would , i might be a colonell against the grandees . but the lord made me to abhorr such motions , and the lord kept me firm , stedfast , and sincere in the times of temptations , wrongs , apostasies , and danger , to the nation , the army , and this house ; and so to their persons , though my person have been tossed like a tennis-ball by them : and i raised a troop against the bloody insurrections , and in constancy to my principles , and by the generals own privitie , unto whom i did in my affections and civility go for that end . and when i was dismissed out of the county of kent . i have ever since kept up my troop , in order to the freedom , justice , and peaceable settlement of the nation , in colonell reynold's regiment , and upon the same account that the army and the well-affected of the house have manifested themselves , have been at most excessive charges and damages this five months in order thereunto ; and have been intrusted with the guard of the kings own person , at hurst-castle by the authority of the army , and command of col. john reinolds , ( voted a col. of the army by this house . ) yet notwithstanding may it please this supreme authority , i being at the generall-councell of the army , on , or about the first day of march last past , and there being a letter presented by some sou ldiers , to the generall , and the councell ; it was put to the question and the poll , whether the letter should be owned or not owned : and when i was demanded my vote in the councell , ( which should be free : ) i told them , that though i could have wished that many expressions that were taken offence at were left out ; yet in my judgment the substance of the letter did relate to the right of petitioning , and to a petition that was presented in parliament , and therefore i thought the work of that court was to consider of it , and so i owned it , though i had some temptation upon my spirit not to own it , because i saw a designe upon me . a little after , i was ignominiously and unreasonably cast out of the councell , and had not liberty ( though i desired it ) to speak , as if it were now grown a capitall offence to speak a mans judgement in a councell , ( which should be free ) and as capitall a sin to speak a word for a private souldier ( though with never so much temperance ) if contrary to the judgment of some officers ; whereas it was offered by the army , as a necessary expedient that there might be a liberty of dissents in the house of commons , that the nation might readily come to know , who they are that perform their trust faithfully , and who not ; and this was offered to render a parliament less nocent , remonst . of june , and in the volume of declar. page . we appeal to all men whether it be just or tolerable , that any priviledge of parliament , should contrary to the law of nature make a man judge in his own case on concernment . but the generall would have that unreasonable power and dominion which he would not give to parliaments , amd will not give that libertie that he takes to himself : unto what pass will this nation come to , unless this honorable house justly interpose with their just authority . but i humbly conceive , that this honorable house , the wel-affected in army and nation , are bound in conscience , to interpose in their dying liberties ; for what man in the earth knowes where such practises and designes will end ; for after i was cast out of the councell without just cause , my troop was given away to another , and a commission given to another to be in the regiment , and i could not have that indisputable justice from the generall , to suspend it till the business was determined in parliament , though i desired it in private of him . i shall desire the honourable house to consider the two cases before laid down ( not mentioning my former arrears and losses in your service , and for your sakes ) by which injustice and wrongs will appear , and by reason of which i am engaged in the world : and to consider that the generall would by vertue of his negative voice , ( which the king so much stood upon under the specious notion of the use of his reason ) deprive me of my right , and give it to his creature ; and pretend that he hath an unlimited power to give ; and deny , to whom he please , which may extend as well to kill , and save alive , as to honour and dethrone , in an unreasonable arbitrary manen ; just like the kings practise , as i have shewed before . he himself can receive a commission from parliament , against the king , and after that withstand the parliament , again and again , and rend and tear in pieces all power , and break all the reins of government , as to former constitutions , and tell them , that it is not the me●r punctilio of a commission ? but impartiall justice , and freedom , principles of nature and right reason is his commission , ( which actions are only justifiable before god and man , in order to justice and freedom ) but he can act arbitrarily , unreasonably , and fly to his own sword and power , without reason , when he pleases , to destroy the nations friends , and his own too ( though not flatterers ) in their freedom and justice . this corruption may destroy the wel-being of this army and common-weal ; for if this house , or any officers or souldiers in this army , do walk and speak never so reasonably , yet power and will may destroy and cast out both , or doe both ; for by it he may doe one as justifiably as the other . and if god in his appointments should give a great part of this army into the hands of future enemies , by future warr and blood , then another part of the people of this nation must be invited out with the names and expressions of judgment and conscience ; and after they have obtained victory also with the loss of many thousands , and the hazards of many more ; all their liberties , and equal good and right , shall be usurped and swallowed up into the hands of one man , ( or a few men ) who may be partially swayed to destroy and save alive whom he please ; if he prove corrupt and apostatize as former powers have , and so one corrupt man in power corrupts many more , untill at length they will come to call corruption justice ; and it must be so , because they call it so ; and then he is worthy of death and cashierment , that will not say , the crow is white . for my part , i shall profess my self to the world to be for the generals personall authority , and power of conduct ( so long as this intrusted authority thinks fit and just ; and as may appear by an address unto his excellency written by my own hand , and consented to by the troops about two months last past ) as much as any insinuater or flatterer that hath interposed between the generall and me , in order to the rights of the people ; and i should be glad if the generall did walk truly , justly , and honourably , sutable to such an authority . but to have ( as much as in him lay ) my body , little estate , and more especially , or above all , the liberties of my country , the liberty and freedom of my conscience , to be all enslaved at once by him , i had rather be rack'd to death or destroyed by the general , or by any unworthy , mercenary-spirited , insinuating officer or souldier , then subscribe in that sense . and i professe impartially , i know not what sense is expected from me else , by these and the like actings : just like the actings of willam the norman conquerour , who deprived the english natives of the comforts of riches , and places , and their smallest offences against his will and norman lawes , were made grants to entitle him to their lands , and places of trust , to fulfill his lust , satisfie his creatures , and carry on his tyrannous designes over the people . and i do finde it a very great evill , that when the people and the souldiery claim just and undenyable things ; then presently some men commonly fly to a deceivable mistaking of the question , and subvert the people and souldiery in their cause ; and say that the men are against authority , as the king did against the parliament : and so the people and souldiery are jugled out of the question . but i desire this honourable house to consider , that injustice is the foundation of almost all evils in the world : and when politique murtherers ( which are the greatest murtherers in the world ) give continued occasion , then they cry out against the evil , and rend and tear like unreasonable beasts of prey ; and cry out upon the lambe , if it seek but his just , righteous , naturall , and reasonable safety ; they extremely offend , and then they are offended if a man speak in his just cause ; like tiberius the successor of octavius , who after a faigned clemency at the beginning of his reign , suffered no day to passe without shedding the blood of poor innocents ; and he prohibited on pain of death , that no one should be so bold as to weep or to manifest sorrow : they make occasions ; they cry out of passions , though they abundantly provoke . and therefore right honourable , sithence authority is meerly for that end , to doe justice impartially , that one might not oppresse another , that might may not ovorcome right ; and since you have overturned the face of other personall authorities , cast out , and imprisoned divers members of your own house , to their ignominie and dishonour , nulled the house of lords , impartially beheaded the king and some lords , and declared to the people , that it is out of an affection to impartiall justice and righteousnesse , according to the first institution of authority by judges , according to the scriptures , deut. i. , . i shall desire you would doe justice for justice sake , that it may appear to the people , and to the officers and souldiers of the nation , whom it justly concerns , and unto whom i am deeply engaged , whose cause i make my own , and whose blood i esteem as my own , and unto whom i have now discharged my conscience , and then you will justly oblige me to manifest my self yours , and to employ my small talent of reason and understanding for your service , and in defence of your supreme authority . finis . thursday november . . resolved and declared by the commons assembled in parliament, that the priviledge of this house, in point of protection from arrests doth belong to the members of the house, and their menial servants onely, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) thursday november . . resolved and declared by the commons assembled in parliament, that the priviledge of this house, in point of protection from arrests doth belong to the members of the house, and their menial servants onely, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed by john bill, printer to the king's most excellent majesty, london : . title from caption and first lines of text. signed: w. jessop, clerk of the commons house of parliament. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- privileges and immunities -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no thursday november . . resolved and declared by the commons assembled in parliament, that the priviledge of this house, in point of pro england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms thursday november . . resolved and declared by the commons assembled in parliament , that the priviledge of this house , in point of protection from arrests , doth belong to the members of this house , and their menial servants onely , and to the officers attending the service of this house ; and that all protections in writeing , granted by any member of this house , to any person whatsoever , be forthwith called in , and are hereby declared to be null and void . and all persons whom this may concern , are required , upon all occasions , to take notice of the priviledge belonging to the members of this house , and their menial servants , and to the officers attending the service of this house , at their perill . resolved , that this order be forthwith printed and published . w. jessop , clerk of the commons house of parliament . london ▪ printed by john bill , printer to the king 's most excellent majesty . . the humble petition of the inhabitants of the county of buckingham, presented to the kings most excellent maiestie at vvindsor the thirteenth of this instant january. . in the behalfe of mr. hampden knight for the said county, and of the rest of the members of parliament, accused by his maiestie of treason. vvith his maiesties gratious answere thereunto. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the humble petition of the inhabitants of the county of buckingham, presented to the kings most excellent maiestie at vvindsor the thirteenth of this instant january. . in the behalfe of mr. hampden knight for the said county, and of the rest of the members of parliament, accused by his maiestie of treason. vvith his maiesties gratious answere thereunto. england and wales. sovereign ( - : charles i). sheet ([ ] p.) printed for iohu [sic] burroughes, london : [i.e. ] the king's answer is dated: january, . with engraved border. annotation on thomason copy: " ". reproduction of the original in the british library. eng hampden, john, - -- early works to . england and wales. -- parliament -- early works to . treason -- great britain -- early works to . a r (thomason .f. [ ]). civilwar no the humble petition of the inhabitants of the county of buckingham, presented to the kings most excellent maiestie at vvindsor the thirteent england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the hvmble petition of the inhabitants of the county of bvckingham , presented to the kings most excellent maiestie at windsor the thirteenth of this instant january . . in the behalfe of mr. hampden knight for the said county , and of the rest of the members of parliament , accused by his maiestie of treason . vvith his maiesties gratious answere thereunto . sheweth , that your petitioners having by vertue of your highnes writt chosen iohn hampden esquire knight for our shire in whose loyaltie and wisdome , we his contrymen , and neighbours have ever had good cause to confide : how ever of late , to our no lesse amazement then greife , wee find him with other members of parliament accused of treason , and haveing taken to our serious consideration , the manner of their impeachments we cannot but ( under your majesties favour ) conceive , that it doth so oppugne the rights of parliaments , to the maintenance whereof our protestation bind us : that we beleive it is the malice ( which their zeale to your majesties service , & the state , hath contracted ) in the enemies to your majesty , the church , and common wealth hath occasioned this fowle accusation rather then any desert of theirs ; who doe likewise through their sides wound the judgement and care of us your petitioners , and others , by whose choice they were presented to the house . your petitioners most humbly pray that master hampden , and the rest that lye under the burden of that accusation may enjoy the iust priviledges of parliament . and your petitioners will ever pray &c. his maiesties answer . at the court at windsor the th . of ianuary . . his majesty being graciouslie pleased to let all his subjects understand his care not ( knowingly ) to violate in the least degree , any of the priviledges of parliament , hath therefore lately by a message sent by the lord keeper signified ; that hee is pleased ( because of the doubt that hath beene raised of the manner ) to waive his former proceedings against the said master hampden and the rest mentioned in this petition , concerning whom his majesty intends to proceed in an unquestionable way . and then his majesty saith it will appeare that hee had so sufficient grounds to question them , as hee might not in iustice to the kingdome , and honour to himselfe have forborne ; and yet his majesty had much rather that the said persons should prove innocent , then be found guilty , however , hee cannot conceive that their crimes can in any sort reflect upon those his good subjects , who elected them to serve in parliament . london printed for iohn burroughes . xii. resolves concerning the disposall of the person of the king in a sharpe reproofe to a rejoynder to three pamphlets, published in defence of mr. chaloners speech (called, a speech without doores, and said to be defended without reason) under pretence of the vindication of the parliaments honour. with a declaration of the generall assembly of scotland, concerning the danger of capitulation with those who have raised warr against the parliament, and against receiving protections from, and complying with the cavaliers. chaloner, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) xii. resolves concerning the disposall of the person of the king in a sharpe reproofe to a rejoynder to three pamphlets, published in defence of mr. chaloners speech (called, a speech without doores, and said to be defended without reason) under pretence of the vindication of the parliaments honour. with a declaration of the generall assembly of scotland, concerning the danger of capitulation with those who have raised warr against the parliament, and against receiving protections from, and complying with the cavaliers. chaloner, thomas, - . scotland. parliament. [ ] p. printed by iane coe, london : . attributed to thomas chaloner by wing. a reply to: birkenhead, sir john. the speech without doores defended without reason (wing b ). signatures: a⁴. reproduction of the original in the british library. eng birkenhead, john, -- sir, - . -- speech without doores defended without reason. charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . royalists -- england -- th century -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no xii. resolves concerning the disposall of the person of the king: in a sharpe reproofe to a rejoynder to three pamphlets, published in defe chaloner, thomas d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion xii . resolves concerning the disposall of the person of the king in a sharpe reproofe to a rejoynder to three pamphlets , published in defence of mr. chaloners speech ( called , a speech without doores , and said to be defended without reason ) under pretence of the vindication of the parliaments honour . with a declaration of the generall assembly of scotland , concerning the danger of capitulation with those who have raised warr against the parliament , and against receiving protections from , and complying with the cavaliers . prov. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} tim. . . alexander the coppersmith hath done me much evill : the lord reward him according to his workes . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . polyb hist. lib. . london printed by iane coe . xii . resolves concerning the disposall of the person of the king . as it may be said to the parliament of england , as king iehosaphat said to his senatours take heed what ye do , for ye iudge not for man but for the lord . cro. . . so for any ambitious spirit by evill language to traduce , or by lihills , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to asperse any member thereof , he that doth so , gives a very insufficient accompt of any faithfulnesse to that parliament whereof the other is a member , ( especially in any thing said or done before the whole house , and by them approved , ) and ( what ever is professed ) in times of tryall , such will prove like nyssers apes , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . greg. nyss , de professi . christian ) for a little honour or profit to himselfe . now for this rejoynder , ( who professeth himselfe to be the same who writ the animadversions on mr. chaloners speech ) though he would have it granted that he gave a good accompt of himselfe b●fore , yet by examination it appeared to be quite contrary , and this second ( being audi●ed ) is yet worse , as i shall make it appeare to those who will view the sume and substance thereof : in which i am resolved on much brevity . . he saith that the scripture prefixed in the title of his animadversions . for the transgression of a land , many are the princes thereof . pro. . . was intended against change of government ( driven at in the speech ) by the king , a●d both houses of parliament . . answer ) this is a most false aspertion , mr. chaloners words were these , first , settle the honour , safety , and freedome of the common wealth , and then the honour , safety , and freedome of the king , so farre as the latter may stand with the former , and not otherwise , which is according to the law of the . tables , salus populi , suprema l●x . the learned scotchman himselfe delivered his opinion . yeares since ; that there is no imaginable comparison betwix : one man with all his accidents of prerogative and absolutenesse , and three nationall churches , and kingdomes : b●tter a king weepe for a childish trifle of a prerogative , than popery be erected ; and three kingdomes be destroyed . lex . rex . quest . . . the rejoynder saith , that it is dangerous to have many voyd places in parliament , and so a frequent succession of many new members , or to have the chiefe officers civill and millitary put in many new hands , if the persons intrusted be not extraordinary well qualified . . answer , this is pleaded directly in the behalfe of those delinquents that have deserted their trust ; for none else are outed the parliament , ( except those that dyed ) and in their places new ones are chosen . and for officers , the parliament choose none ( neither civill or millitary ) but such as they conceive are well qualified ; are such aspersions as these for vindication of the parliaments honour ? . he saith that there is nothing in the covenant , that obligeth him to mentaine the law of the land , as well as the person of the king . . answer . i conceive that the rejoynder hath not taken the covenant , but let those that have taken the covenant , reade it ; & see what they have sworne . the king cannot but be subject to the coactive power of fundamentall lawes : this is a fundamentall law , that the free estates lay upon the king , that all the power that they give to the king , as king , is for the good and safety of the people ; and so what he doth to the hurt of his subjects he doth it not as king , qui habet potestatem constituendi , etiam & jus adimendi , l. nemo . l. . de reg jure . is this paper then of his , to maintaine the lawes of the land ? . some things the rejoynder refusing to dispute , i shall wave , and come to the next thing he layes hold on , where i finde him traducing the parliament , as if any man may as well tell any notorious , lie , if he do it to assert the votes of parliament ; as mr. chaloner ; or any other member may deliver their opinions ( upon the votes ) in the house . ( and is this for the honour of the parliament ? . he saith that the speech without doores ( as he calles mr. chaloners ) houlds forth that the kingdoms are contending , who shall not have the kings person . and that this inferreth by consequence that the parliament either did not wisely , or not uprightly i● voting that the person of the king is to be disposed of as both hou●es shall think fit . . answer , when the parliament heard that the king was come to the scots army in england ; they voted their disposall of him , to prevent that harme which might befall his maj. in the army . but afterwards this personall being of the king with the scots begets a nationall dispute of his disposall betweene the kingdomes . the scots claiming a right of coacting with the parliament therein ; yet declaring their opinions that his going into scotland is not the safest ; mr. chaloner ( in his speech ) puts the house in minde of so much of their resolution , as conceiving it usefull to take notice of ; that seeing they approve best of his being in england ; who shall take care for the good of the kingdome , and the safety of his person therein , but the parliament of england , in whom the power is of treating and concluding for the good and safty of the kingdome , though the king be with their army in england , and propound otherwise ; when maccolumbut the . king of scotland , would have admitted a treaty to the hurt of that kingdome , the estates of scotland said , non jus esse regi , nisi omnibus ordinibus consentientibus . and robert the . in a parliament held at scoone , was told by the estates of scotland , when he would have made a treaty , that he could not judices facere nisi ex sententia conventus publici . . the rejoynder recanteth for reporting somwhat spoken by mr. chaloner , in the house , but not printed : confessing it was onely a simple narration . and was not this bravely done of him to asperse the parliament , and traduce their proceedings ? . he will not be convinced how it can be , that a king of one kingdome can be a subject in another , except he cease being a king . . answer , the king of denmarke , ( being in league with england , ) comes into england , his office , scepter , sword , and all his whole power remaines still in denmarke , though his person be here , he is king of denmarke , but a subject of england ; but this poynt hath been sufficiently cleared already to those that are reasonable men . and for the power of the king in abstracte , and the man in concreto , lex , rex ; is large upon it , in his . question . . the next thing the rejoynder falles upon , is about commissioners of parliament sent to another state ; who he saith are exempt from the lawes , and iurisdiction of that state where they are commissioners , and all his reason is , that he will acknowledge them neither princes , nor private men . . answer . all the world may see , that this is meere sophistrie , and that he useth these querkes , and insinuations to traduce the people . have commissioners no rule to be ordered by in another state ? then they are princes absolute : have they a rule ? then they are not exempt from that rule . is not this a wise statesman to write in vindication of the parliament ? . he still denyes that prince charles is at the sole dispose of the state of france , and affirmeth that it is like treason to say that the parliament cannot by their lawfull authority recall him . . answer , the rejoynder might tell us how , and by what law , the parliament can controule the state of france in demanding the prince . the parliament is very sensible of the ill consequence of his being there , and would fain have him in england again . and shall this gentleman accuse the parliament that they have a power to recall him and do not , ( and yet pretend to write in the vindication of the honour of the parliament , ) i appeale to all lawyers and statesmen to judge , if this be not false and scandalous . as for the instances of that king in england , as also of embassadors , ( because he waves it , as being somthing convinced ; ) i shall not reply to those things . for that of livius , concerning the embassadors of king tarquinus , and so of actions of states de facto , no wise man will stumble at it , that hath his eyes fixed on what is de jure : for so the case is argued . . from mr. chalenors words of the lawyers in england , concerning king john , if they should have yeelded to the french , they knew well enough what would become of the king of england . the rejoynder argues , that in like manner if the parliament of england should justly dispose of our king , they should in so doing dispose of the king of scotland . ans. had king john been personally in normandy , the king of france would not ( probably ) have sent into england about it . but hee was freed from that power by his personall being in england . the person of the king of england is in england . is this for the honour of the parliament , to give them no more relation to their kings person in england , then a king of france hath ? . he moves for some overtures ; as the king to come to london , the scots to goe home , and the parliaments army to bee disbanded , or sent into ireland . . answer . the parliament out of their great desire to have the king to come and remain with them , sent to his majesty propositions from both kingdomes , and agreed for their pay and marching home . but for the disbanding of the parliaments army , that must be left to the wisdome of the parliament . for so the law , say wise men and the law . argu. l. aliud . sect. . de jur. reg. l . mortuo de fidei . l. . . ad mum . l. . . . sigonius de rep. judaeorum , l. . c. . cornelius bertramo , c. . junius brutus , vindic. contra tyran , sect. . author libelli de iure magistrat . in subd . q. . althus politic. c. . calvin . instit. l. . c. . paraeus comment . in rom. peter martyr , in lib. iudic , c. . ioan. marianus de reg. l. . c. . hottoman de iure antiq. regni gallici . l. c. . buchanan de iure regni apud scotos . rex . lex . quaest. . . and for that argument which he would have disputed , whether the scots are bound to maintain the kings person if the parlement should wrong his person , i conceive it needlesse to argue it , there being no feare of any such danger . . answer . but do such positions tend to the vindication of the parliment ; if this rejoynder be not an incendiary , i know none . yet give me leave in this to vindicate our brethren , who have declared as followeth . declared by the generall assembly of scotland capitulations , and protections , howsoever accoun●ed of by those who walk after the wisdom of the flesh , are destructive to our covenant , almost in all the heads , and articles thereof : they tend unto the corrupting of religion in this land , and obstructing the worke of reformation in england , unto the countenancing , and strengthening of the popish and prelaticall party , unto the subversion of the due rights and priviledges of the parliaments , and diminishing of his majesties just greatnesse , and authority , unto the withdrawing of incendiaries , and malignants from condigne punishment , unto the overthrow of the union betwixt the kingdomes , unto the deserting of our brethren , folloing of divisive motions , and denying to hazard or susser the losse either of lives , or estates in the defence of the cause , and them that adhere there unto . we see not any strength of reason in that seeming necessity , unto which many pretend themselves to have been redacted : if men could not have retired from the fury and violence of the enemy , or had not some probable way of resistance and defence against the same , they should have taken it as an evidence of the will of god , calling them to suffer , and give a testimony unto his truth . our covenant doth no lesse oblige us to suffering , then to doing ; and it is the ignorance or ineff●ctual consideration of our duty that makes us thus to wipe our mouths , as if we had done nothing worthy of rebuke : n●ither yet doth it excuse , that some were not active to obtain pro●ections , the receving of them was to prostitute the chastity of that affection which we owe unto the cause of god , and could be no better then a bribe that blinds the eyes of the wife , and hinders from doing judgment unto the afflicted . the deep apprehension of their souls danger , moves us seriously , and in the bowels of jesus christ , to intreat all temporizers , and back-sliders to remember whence they are fallen , and to repent : let it not be a light thing unto such , that they have despised the oath of god , undervalued the pretious truth of the gospel , and drawn upon themselves the guilt of their brethrens blood , by forsaking them in their just defence . if the due sense of their sin shall bring them to lament after the lord , they may hope to finde him gracious , and mercifull , to forgive their iniquity , and heal their back-slidings : but if they shall harden themselves , and continue in their provocation ; they have cause of fear , that the lord of hosts shall avenge the quarrell of his covenant upon them who have sworn falsely by his name . yet is it not that those alone have cause to mourn ; all the land have done foolishly , and provoked the holy one of israel unto wrath : the lord hath been glori●us in the midst of us ; but who hath regarded his work or considered the opera●ion of his hands ? though he hath been liberall in the offer of his love , yet few have beleeved the gospel , and studied to walk worthy of the same : jesus christ hath neither been known nor honoured ; who hath valued him in the excellency of his person , or employed him in the vertue of his offices ? holy duties have been neglected , piety , and godlinesse reproached : is there not cause to lament for the atheisme , ignorance of god , blaspheming of his name , swearing by them that are no gods , intemperancy , uncleannesse , deceit and oppression that prevailes too too apparently amongst many ? and should not our eyes run down with tears , because of jealousies , self-seeking , and obstructing of justice amongst our judges ? because of rioting , and excesse , spoiling and oppressing amongst our souldiers ? because of negligence , and prophanity amongst ministers ? because of murmurings , and grudgings , deep security , carnall confidence , neutrality , and luke warmnesse almost amongst all ? the covenant which hath been attended by a stately worke of more then ordinary providence , and sealed with many rich , and pre●ious blessings from heaven , is by many undervalued , and set at naught ; nay , by some blasphemed , as an accursed , and unholy thing . because of those things , thousands have fallen by the sword , and ten thousands by the pestilence : our high-wayes are desolate , and our cities left without inhabitants , the like hath not bin heard in our dayes , nor in the dayes of our fathers : and yet the wrath of the lord is not turned away , but his hand is stretched out still . oh that men were wise to hear the voice of the rod , and who hath appointed it : shall we continue to tempt the most high , and strive with our maker , untill he make an end of us ? let us confesse our iniquity , and be humbled for our sin ; let us sowe to our selves in righteousnesse , and reap in mercy ; let us break up our fallow ground , for it is time to seek the lord , untill he come and rain righteousnesse upon us . we cannot but from the sense of those judgements that lies heavy upon the land , and from that wrath that still threatens us , warn every man to repent , and set on to duty . let rulers and judges do judgement , and execute justice without respect of persons : let officers and souldiers live soberly , do violence to no man , and more minde the cause of god then their own advantage : let pastors feed the flock of christ in love , bee zealous in advancing the work of reformation , and purging of the house of god : and let every one in his station , mind those things whereunto the lord hath called him . though we be afflicted and sore broken , yet if we return unto the lord , he will have mercy on us , and heale us : hath he not already begun to raise us up ? it is a mercy worthy to be had in everlasting remembrance , that in the day of the power and pride of our cruell and insolent enemies , the lord should shew himselfe glorious and mighty , to give victory and salvation to his people , when our hopes were neer gone . we were in a low condition , not only at the weakest , but even at the worst , under the guilt of many provocations , repining against the lord , and hasting to the paths of the destroyer : yet the preserver of men had regard unto us , to keep us from destruction , and to ease and avenge us of many of our adversaries , whose carcasses he made as dung on the earth in the day of his fury & indignation . if after so great a mercy , any should be found amongst us to turn away from the lord , and again to submit unto , or comply with the enemies of his truth , they could not but sin against their own souls , and provoke the eyes of his glory untill there were no remedy . we beseech all the lords people throughout the land , nay we charge them before god ; and the lord jesus christ who shall judge the quick and the dead , to hold fast the truth in love , to have regard to the glory of the son of god , the excellency of the gospel , the sacred and inviolable bond of the covenant , the beauty of the work of reformation , and the worth of a good conscience above all earthly losses and advantages ; and from the due sense and apprehension of those things , to arm themselves with strong resolutions against all the degrees of back-sliding , or complying with the enemy . : that they bee no mo●e as reeds shaken with the wind ; but they may give a proofe of their faith , patience , and courage , in the midst of all the difficulties and straits which they shall meet with . every one who knowes the lord , will cleave to their duty , and wait for his salvation : he is faithfull , and will not suffer us to be tēpted above that we are able , but wil with the temptation also make a way to escape , that we may be able to bear it . the rod of the wicked shal not rest too long upon the lot of the righteous . but when the lord hath performed his whole work upon mount zion , and upon ierusalem ; he will punish the fruit of the stout heart of the proud enemy , and bring down the glory of his high looks . then shall all the haters of zion be astonished and confounded , but the lords people shall be glad and rejoyce in his salvation . a. ker. finis . an order and ordinance of parliament, for punishing such of the trained-bands, and others, as shall not appear in their armes upon beat of drum, and do such service as is required of them for the safety of the parliament and city. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an order and ordinance of parliament, for punishing such of the trained-bands, and others, as shall not appear in their armes upon beat of drum, and do such service as is required of them for the safety of the parliament and city. england and wales. parliament. sheet ([ ] p.). printed by richard cotes, london : [i.e. ] actual date of publication from wing ( nd ed.). contains two orders dated, respectively, "die mercurii, . januarii, ." and "die martis, . maii, ." reproduction of original in: birmingham central reference library (birmingham, england). eng england and wales. -- army -- discipline -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england -- london -- th century. a r (wing e ). civilwar no an order and ordinance of parliament, for punishing such of the trained-bands, and others, as shall not appear in their armes upon beat of d england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an order and ordinance of parliament , for punishing such of the trained-bands , and others , as shall not appear in their armes upon beat of drum , and do such service as is required of them for the safety of the parliament and city . die mercurii , . januarii , . whereas many of the trained bands and others , listed under severall colonels and captaines , inhabiting within the cities of london and vvestminster , and the county of middlesex , have neglected to make their appearance in armes to doe such service by day or night , within the cities and liberties aforesaid , and in the tower of london , as of them hath been required , being lawfully summoned thereunto by beat of drum , or otherwise for the defence of king and parliament ; the safety of the cities and tower of london , with the adjacent parts , in the county of middlesex : for the reformation of so great a neglect , and for the avoiding of so eminent evils in these dangerous times , that might ensue thereupon ; it is this day ordered by the lords and commons now assembled in parliament , that the colonels , captaines , and lievtenants of the trained bands or others in the cities of london and westminster , and the suburbs thereof , and the county of middlesex , may inflict the punishment of two dayes imprisonment without baile or main-prise , or the mulct of five shillings , for supply of the service , upon such souldiers under their commands , as shall not repair to their colours at the time appointed , and doe their duties there , when , and as often as they shall be thereunto required , unlesse they be reasonably excused , and that made knowne to the captain or other chief officers ; or being come to their colours , shall depart before they be lodged , or being to find armes for others , shall refuse to provide them , or to deliver them , when , and as often as they shall be thereunto required . die martis , . maii , . whereas by an order of parliament , of the fourth of ianuary last , it was ordered that the colonels , captains , and lievtenants of the trained bands or others in the cities of london , and westminster , and the suburbs thereof , and the county of middlesex , might inflict the punishment of two days imprisoment without bail or main-prize , or the mulct of five shillings for supply of the service , upon such souldiers under their commands as should not repair to their colours at the time appointed , and to doe their duties there , when , and as often as they should be thereunto required , unlesse they be reasonably excused by their captain or lievtenant ; which order is not onely troublesome , but begets much disaffection betwixt the chief officers and souldiers , and therefore it is not so fully executed upon the offenders as it ought to be ; therefore it is this day ordered by the lords and commons now assembled in parliament , that for the better execution of the foresaid order in every particular branch therein contained , ( which every captain respectively is hereby required to do ) every of the said captaines respectively shall elect and appoint , one able person to be marshall of his trained band , who shall by vertue of this ordinance repair to such souldiers as his captain or lievtenant shal from time to time give him notice of , that have made breach of the foresaid order of the fourth of january , or any part thereof : which marshall so elected , shall with a constable , who is hereby required to assist him and such others as he shall call to ayd him , in the name of his captain , inflict ( according to the same order ) the punishment of two dayes imprisonment upon him or them , or the mulct of five shillings , which he shall forth with after the receipt of the same , deliver and pay to his captaine , to be imployed as by the same order is appointed ; and for the pains taken of every such marshall , and to encourage him the better to perform his office , it is also ordered , that every captain respectively shall allow unto him the said marshall , out of every five shillings so collected as aforesaid , the sum of twelve pence : and if any such marshall shall be found remisse , negligent , or partiall , in not performing the trust in him resposed : it is likewise ordered , that every captain may at his pleasure dismisse him from his place , and elect another in his stead , which he shall conceive to be more faithfull to perform the same ; also it is ordered by the lords and commons now assembled in parliament , that if any souldier or souldiers , listed under any of the captains before mentioned , shall in the time of his or their service , when he or they shal be commanded to do duty , revile , or give any ill beseeming language to the captain , or other officers belonging unto him , or neglect to doe such duty as at any time ought or shall be imposed upon him , or them , that then the captain or lievtenant , may upon the examination thereof , commit such souldier or souldiers as shal so offend to prison , there to remain houres without bail or main-prise ; and that every captain respectively shall be saved harmlesse by the authority of both houses of parliament , for executing the severall orders aforesaid or any of them . io. brown , cler. parliamentorum . h. elsynge cler. parl. d. com. london printed by richard cotes , . notes, typically marginal, from the original text notes for div a e- two dayes imprisonment or five shillings upon such souldiers as doe not repair to their colours , and do their duties . imprisonment , mulct of five shilling on souldiers that repair not to their colours . a marshall to be elected constables to assist him . two days imprisonment or five shillings to be paid the captain , &c. and to incourage the marshall . pence . captain may dismisse the marshal , if remisse . ill language . souldiers to be committed that neglect duty captain saved harmlesse . the danger of mercenary parliaments toland, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the danger of mercenary parliaments toland, john, - . p. s.n., [london : ] caption title. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the danger of mercenary parliaments . . several treatises have been formerly written , and more ( i doubt not ) will be in this juncture publish'd , with directions and informations to the people of england for choosing fit and proper representatives for the ensuing parliament , wherein sufficient notice will be taken of the failures and defects of several who have already been entrusted in that service , and the due qualifications of such who are now to be elected . i shall therefore confine my present thoughts only to one particular head , which yet , in my opinion , seems to involve in it the inevitable fate of england , which wholly depends upon the choice of members for the next session of parliament : i mean the choosing or refusing of such persons who are now possest of any places and preferments , depending upon the gift and pleasure of the court. if herein my endeavours prove unsuccessful , i shall have nothing left but the satisfaction of my own conscience to support me under the deplorable consequents and effects which must necessarily attend the choice of a house of commons fill'd with officers and court-pensioners . this is the last struggle and effort the people of england have left them for their properties ; and should we now miscarry in this , we may sit down and idly shew our affections for our country , and fruitlesly bewail the loss of our liberties , but shall never meet with another opportunity of exerting our selves in its service . that i may therefore set the minds of people right in this particular ere it be too late , i think it will be only necessary to shew the danger of choosing members that are in places from two considerations : first , from the nature of such a parliament consider'd in it self : and , secondly , from what has already been done by parliaments so qualified . in both which i shall be very brief , and content my self with much fewer arguments than might be urg'd upon this subject : for i should almost despair of being surviv'd by the liberties of england , if i could imagine there was a necessity of saying much in a case not only of such irresistible evidence and demonstration , but also of the utmost concern and importance to us . . first then , we shall best be able to understand the nature of such an ill-chosen parliament , by comparing it with a true one , and with the original design of parliaments in their institution . i hope it need not be told that they were at first intended for a support to the king 's just prerogative , and a protection to the subjects in their as just rights and privileges : for maintaining all due honour to the executive power , and all sutable respect and encouragement to those who are intrusted with the administration of the laws : for a poise and balance between the two extreme contending powers of absolute monarchy and anarchy : for a check and curb to insolent and licentious ministers , and a terror to ambitious and over-grown statesmen : for giving their advice to his majesty in all matters of importance : for making necessary laws to preserve or improve our constitution , and abrogating such as were found burdensom and obsolete : for giving the king mony for defraying the charges and expences of the government , or maintaining a necessary war against foreign and domestick enemies : for examining and inspecting the public accounts , to know if their mony be applied to its true use and purposes : in short , for the best security imaginable to his majesty's honour and royal dignities , and the subjects liberties , estates , and lives . . this being the nature and true design of a parliament , let us now see whether a house of commons , full of officers and court-pensioners , will answer those noble and laudable ends of their constitution : and here indeed i begin already to be asham'd of my undertaking ; the proof of the negative is so ridiculous , that it looks too much like a jest to ask any one in his wits , whether a parliament fill'd with delinquents will ever call themselves to an account , or what account would be given if they should ? whether an assembly of public robbers will sentence one another to be punish'd , or to make restitution ? whether it is possible our grievances can be redrest , that are committed by persons from whom there is no higher power to appeal ? whether there is any hope of justice where the malefactors are the judges ? whether his majesty can be rightly inform'd in affairs relating to himself or the public , when they are represented to him only by such persons who design to abuse him ? whether the public accounts will be faithfully inspected by those who embezzle our mony to their own use ? whether the king's prerogative can be lawfully maintain'd by such who only pervert it to their own sinister ends and purposes ? whether a parliament can be a true balance , where all the weight lies only in one scale ? or , lastly , whether a house of commons can vote freely , who are either prepossest with the hopes and promises of enjoying places , or the slavish fears of losing them ? methinks it is offering too much violence to human nature to ask such questions as these ; i shall therefore leave this invidious point . . yet lest still any should remain unsatisfied , or lull'd into a fond opinion , that these mischiefs will not ensue upon the elections they shall make , i shall further endeavour to convince those who are most mov'd by the force of examples , by coming to my second particular , and shewing how parliaments so qualify'd have all along behav'd themselves . and here i must confess there are not many instances to be given , the project of corrupting parliaments being but of a late date , a practice first set on foot within the compass of our own memories , as the last and most dangerous stratagem that ever was invented by an encroaching tyrant to possess himself of the rights of a freeborn people ; i mean k. charles the d. who , well remembring with how little success both he and his father had made use of open arms and downright violence to storm and batter down the bulwarks of our excellent constitution , had recourse at last to those mean arts , and underhand practices , of bribing and corrupting with mony those who were intrusted with the conservation of our laws , and the guardianship of our liberties . and herein he so well succeeded , that the mischiefs and calamities , occasion'd by that mercenary parliament , did not terminate with his life and reign ; but the effects of them are handed and continued down , and very sensibly felt by the nation to this very hour . for it is to that house of commons the formidable greatness of france was owing , and to their account therefore ought we to set down the prodigious expences of the late war : it was by those infamous members that mony was given to make a feign'd and collusive war with france , which at the same time was employ'd either in subduing the subjects at home , or oppressing our protestant neighbours abroad : it was this venal parliament in effect that furnish'd the king of france with timber and skilful workmen for building ships , as well as expert mariners , and a prodigious quantity of brass and iron canon , morter-pieces , and bullets from the tower ; by the help of which our own treacherous king w●s able to boast publickly , and thank god , that he had at last made his brother of france a seaman : by this means the honour of england was prostituted , and our natural and naval strength betray'd , with which , like sampson , we should easily have broken all the cords that europe , or the whole world could have made to bind and enslave us , had not this parliament made a sacrifice of all to the charms of a french dalilah . to this profligate and villanous reign we are to ascribe the loss of all the considerable charters of england , the deaths of our best patriots , the encouragement and almost establishment of popery , the decay of trade , the growth of arbitrary power , the ill effects of dishonourable leagues , the shutting up of the exchequer , the progress of all sorts of debauchery , the servile compliances at court of a rampant hierarchy in the kingdom , the insolent deportment of the inferior clergy both in the universities and elsewhere , their slavish doctrine of passive obedience and nonresistance ; in short , a general depravation of manners , and almost utter extirpation of virtue and moral honesty . these and all the other mischiefs of that reign are justly chargeable to the account of that pension'd parliament , who either were the immediate authors , or the undoubted causers of them : who , tho they sat long and often , and could not be ignorant of our deplorable condition , yet having their eyes blinded with the dust of gold , and their tongues lock'd up with silver keys , they durst not cry out for the rescue of their country , thus inhumanly ravish'd in their very presence . it will not consist with my de●●gn'd brevity , nor is it here necessary to give the reasons that induc'd the court to dissolve that parliament ; nor shall i take any further notice of their great and fortunat oversight in doing it , nor of their unfeign'd repentance afterwards for it : i shall only observe , that if the nation had been so senslesly stupid to have chosen the same members a second time , who were pensioners in the foregoing parliament , we had long ago suffer'd the dismal consequences of our folly and madness in such a choice ; nor should we now have had this liberty to warn one another against splitting upon the like rocks , and falling into the same precipices . but they were wiser in those times , and the consideration of the dreadful shipwrack they had so lately escapt , made them choose pilots of a quite contrary disposition , who , as far as in them lay , and as long as they were permitted to sit at the helm , repair'd the shatter'd vessel of the commonwealth , restor'd its honour , reviv'd its drooping genius , gave force to its laws , countenance to its religion , and , in a great measure , reduc'd our banish'd liberties , and expos'd the persons who sold them to the universal hatred and reproach of their fellow subjects ; a punishment indeed infinitely less than they deserv'd for the highest crime a member of parliament is capable of committing . . as for king iames's reign , tho it was notoriously guilty of the breach and violation of most of our fundamental laws , which sufficiently justifies our carriage towards him , yet cannot we say that his mismanagement is to be ascrib'd to the corruption of any parliament sitting in his time . 't is true indeed he reap'd too much advantage from the conduct of the brib'd parliament in his brother's reign , and us'd all possible endeavours to procure such another for himself , well knowing it to be the most effectual means for carrying on his ruinous and destructive projects ; yet either from the unshaken constancy of the people , or want of dexterity in his ministers , he was altogether defeated in his expectation . . this miserable disappointment of king iames's hopes made way for our late glorious revolution , which was brought about by the hearty endeavours , and accompanied with the most unfeigned vows and wishes of all true lovers of their country , who from hence expected a full deliverance from their present miseries , and a sure remedy from their future fears : for what happiness might not the people well hope for under the government of the best of kings , supported by the best of titles , viz. the general consent and election of his people ? we were fill'd with golden dreams not only of a bare security for our estates and lives , but an inexhausted affluence of all manner of blessings a nation is capable of enjoying . but tho we have dreamt the dreams , yet have we not seen the visions . and tho the nation is by this time sadly sensible how wretchedly they have fallen short of their expected happiness , yet are they not all acquainted with the true spring and fountain from whence all their misfortunes flow , which is indeed no other than that bare-fac'd and openly avow'd corruption , which , like a universal leprosy , has so notoriously infected and overspread both our court and parliament . 't is from hence are plainly deriv'd all the calamities and distractions under which the whole nation at present groans : 't is this that has chang'd the very natures of englishmen , and of valiant made them cowards , of eloquent dumb , and of honest men villains : 't is this can make a whole house of commons eat their own words , and countervote what they had just before resolv'd on : 't is this could summon the mercenary members from all quarters of the town in an instant to vote their fellow criminals innocent : 't is this that can make a parliament throw away the peoples mony with the utmost profusion , without enquiring into the management of it : 't is this that put a stop to the examination of that scandalous escape of the thoulon fleet into brest : 't is this that has encourag'd the mismanagements of the admiralty in relation to the loss of so vast a number of men of war and merchant ships , as well as other miscarriages which were by all men judg'd to proceed not from their want of understanding in sea-affairs : 't is this that has hindred the passing a bill so often brought into the house for incapacitating members to bear offices : 't is this that could not only indemnify , but honour a leading member for his audacious procuring and accepting a grant of lands , which by the parliament had been set apart for the public service ; a vote that shall stand recorded in their own journals to the never-dying infamy of that mercenary assembly : 't is this could make the same person most confidently affirm , that he was sure the majority of the house would agree to what he was going to propose : 't is this that could make men of peaceable dispositions and considerable estates vote for a standing army : 't is this that could bring admirals to confess that our fleet under their command was no security to us : 't is this could make wise men act against their own apparent interest : in short , 't is this that has infatuated our prudence , stagger'd our constancy , sullied our reputation , and introduc'd a total defection from all true english principles . bribery is indeed so sure and unavoidable a way to destroy any nation , that we may all sit down and wonder that so much as the very name of a free government is yet continued to us . and if by our wary choice of members we should happen to recover our antient constitution , we shall with horror and amazement look back , and reflect upon the dreadful precipice we so narrowly escapt . . fatal experience has now more than enough convinc'd us , that courts have been the same in all ages , and that few persons have been found of such approv'd constancy and resolution as to withstand the powerful allurements and temptations which from thence have been continually dispens'd for the corrupting of mens minds , and debauching their honest principles . such instances of the frailty of human nature may be given within these few years past , as might make a man even asham'd of his own species , and which ( were they not so open and notorious ) ought out of pity to mankind to be buried in perpetual silence . who can enough lament the wretched degeneracy of the age we live in ? to see persons who were formerly noted for the most vigorous assertors of their country's liberty , who from their infancy had imbib'd no other notions than what conduc'd to the public safety , whose principles were further improv'd and confirm'd by the advantages of a sutable conversation , and who were so far possest with this spirit of liberty , that it sometimes transported them beyond the bounds of moderation , even to unwarrantable excesses : to see these men , i say , so infamously fall in with the arbitrary measures of the court , and appear the most active instruments for enslaving their country , and that without any formal steps or degrees , but all in an instant , is so violent and surprizing a transition from one extreme to another without passing the mean , as would have confounded the imaginations of euclid or pyrrho . all the stated maxims , in relation to the nature of mankind , which have been long ago settled and establish'd by philosophers and observing men , are now baffled and exploded ; and we have nothing left us to contemplate , but the wild extravagancies of romantic fables , the sudden conveyances of nimble finger'd jugglers , the inimitable dispatches of transubstantiating priests , or the now more credible metamorphoses of men into beasts . . the necessity we have lain under of frequent meetings of parliament during the war , has taught our managers so much dexterity and address in their applications to the members of that assembly , that they are now become consummate masters in that most detestable art of corrupting our representatives , by hopes and fears of attaining or losing offices and preferments . and tho i here name offices , yet those offices are downright bribes and pensions , since they are held precariously from the court , and constantly taken away upon non-compliance with the court-measures ; tho i am not ignorant that several considerable pensions were also paid out of the exchequer to members of both houses : for places could not be had for all , tho they have tried all imaginable arts for dividing amongst themselves the considerable posts in the kingdom : for either by splitting of offices amongst several persons which were formerly executed by one , or by reviving such as were sunk , or by creating others which were altogether useless and unnecessary , or by promises of preferment to those who could not presently be provided for , they had made above members absolutely dependent upon them . and what points might not such a number carry in the house , who were always ready and constantly attending with more diligence to destroy our constitution , than the rest were to preserve it ? who represented not their country but themselves , and always kept together in a close and undivided phalanx , impenetrable either by shame or honour , voting always the same way , and saying always the same things , as if they were no longer voluntary agents , but so many engines merely turn'd about by a mechanic motion , like an organ where the great humming bases as well as the little squeaking trebles are fill'd but with one blast of wind from the same sound-board ? yet a few of them may in some measure be distinguish'd from those pointblank voters , whom neither their country's safety , nor their own more dear and valu'd interest , nor the perswasion of their once intimate friends , nor fear of reproach , nor love of reputation could ever prevail to join in an honest point , or dissent from a question that carried in it the violation of the rights and properties of the subject . these are the men who have perswaded his majesty , or rather assum'd to themselves not to fill up any vacant offices whilst the parliament is sitting ; but to keep all pretenders in a dependence till the end of the session , and bind them up to their ill behaviour , which will then be their best pretence to demand their wages of unrighteousness : witness the commission of excise the last session , which was sued for by , and promis'd to above competitors , who all did their utmost to signalize their several merits for an office , which doubtless will be at last divided amongst those who have deserv'd worst of their country . by these means they made their numbers and interest in the house so great , that no miscarriage in the government could ever be redrest , nor the meanest tool belonging to them be punish'd : some of which they did indeed take into their own hands , which rais'd in the people a high expectation that some extraordinary penalties would be inflicted upon them ; when their design at the same time was nothing else but to protect and screen them from the ordinary course of justice : such is now the difference in point of corruption between a common jury and the grand jury of the nation ! such a mutual assistance and support have they been to one another in the several mismanagements of their trusts : so favourable have they been to their own creatures , and so implacable to those who have any way oppos'd their unjust proceedings , witness their scandalous partiality in the case of duncomb , which i hope to see printed at large for the satisfaction of the public . if it were truly represented , i am sure there needs nothing more to excite in the people a universal detestation of their arrogance and injustice . and yet do these apostates pretend to value themselves upon their merit in contriving that most destructive project of exchequer bills , by which all impartial men must either think they notoriously dissemble with us , or that they have indeed lost their senses when they speak of publick service ; the word is so unbecoming in their mouths , and so awkerdly pronounc'd , that they seem not to breath in their own element when they usurp the name . these are the men who have endeavoured to render our condition hopeless even beyond the power of the king himself to relieve us : for tho his majesty be deservedly lov'd and honour'd by his people for his readiness to do them justice , and ease their oppressions , yet can we not expect it from him whilst he is thus beset and surrounded , and his palaces invested by these conspirators against his own honor and the welfare of his kingdoms . the only remedy therefore that remains is , to chuse such a parliament who he under no temptations , and are acted by no other motives but the real and true interest of his majesty and his dominions ; a parliament that will fall unanimously upon publick business , and be free from those petty factions and personal piques which in the late session so shamefully obstructed and delay'd the most important service of the commonwealth . . if it should be pretended , that the nation is yet unsettled , and the fear of king iames has forc'd them upon these extraordinary methods for their own preservation ; i answer , that no cause whatsoever can be justly alledg'd in vindication of such vile arts and pernicious practices . but i would farther ask them , what necessity there is upon that account for their gaining such prodigious estates to themselves in so short a time , and in so merciless a way , when the nation was rack'd to the utmost by taxes in a long and expensive war ? is it the fear of king iames that has brought such a reproach upon our revolution , as if it needed to be supported by such mean and unjustifiable practices ? is it the fear of king iames that makes us content he should live so near us , or that he should be maintain'd at our own charge of l. per annum ? or has not rather king iames been made the pretence for the unwarrantable proceedings of our conspirators during the war , and since the conclusion of the peace ? it is very strange that king iames , who is but their jest in private , should be thus made their publick bugbear to frighten us out of our senses like children ; so that king iames must be at last our ruin abroad , who could not compass it by all his power and interest at home . and in this sense i am of their opinion , that we are not yet quite delivered from the fear of king iames , who must be made the instrument of our slavery by those very persons who pretend their greatest merit to consist in delivering us from him . but what is this but making the old abdicated tyrant a footstool to ascend the throne of absolute power , and a scaffold for erecting that proud and stately edifice from whence we have so justly tumbled him down headlong ? but 't is to be hop'd the nation will be no longer impos'd on by such stale pretences as these , and that a well-chosen parliament will not fail to pass their severest censures upon those who would thus jest us out of all that is dear and valuable amongst us : that they will no longer resemble a flock of sheep ( as cato said of the romans in his time ) that follow the belweather , and are contented when all together to be led by the noses by such whose counsels not a man of them would make use of in a private cause of his own : that they will at last vindicate the honor of england , and imitate their wise ancestors in hunting down these beasts of prey , these noxious vermin to the commonwealth , rather than suffer themselves to be led in collars and couples by one mighty nimrod , who upon the turning up of his nose shall expect a full cry of sequacious animals , who must either join voices or be turn'd out of the pack . . notwithstanding what i have said , i would not have any of them either really imagine themselves , or falsly suggest to others , that i envy them their places and preferments , which i am so far from doing , that i wish they rather had them for the term of their lives ; i desire only they may be subject to the laws , and to some power on earth that may call them to account for their misbehaviours , that they may not be their own judges , that our soveraign remedy may not prove our chief disease , and that the kid may be seeth'd in something else than its mother's milk . nor would i by any means deny them their seats in parliament , provided they are in a condition to speak and act freely , and discharg'd from those temptations which i find they have not constancy enough to withstand ; for after all ; i still believe many of them so honest that nothing but mony or preferments will corrupt them . but if nothing will satisfy them but the downright subversion of our constitution ; if they will be content with nothing but the utter abolishing of all laws , and the rooting up of those fences and securities provided by our ancestors for the preservation of all things that are sacred and esteem'd amongst mankind ; it is high time for the electors to look about them , and disappoint their unreasonable and exorbitant hopes , and to spew them out as detestable members of the commonwealth ; not only as unfit to be trusted with their liberties , but as unworthy to breath in the air of a free government . . if any should say , that the alterations in elections will stand us in no stead , since whoever are chosen will still be bought off and brib'd by court-preferments : i answer , it will require a considerable time to new-model and debauch a house of commons , nor can it be done but by displacing all those who are already possess'd , to make room for these new comers , which will make the trade and mystery of bribery more plain , and consequently more abhor'd . and since no parliament can now fit above three years , the court will meet with fresh difficulties to interrupt them , which may possibly at last make them weary of these practices . 't is true indeed , this consideration ought to make us more circumspect in our choice of members , for tho we should choose but an inconsiderable number of pensioners , yet will they soon be able to work over a majority to their side : so true is the saying , a little leaven leavens the whole lump . whoever therefore out of any particular friendship , or other motives of fear or private interest , should vote for any one person so qualify'd ; let him consider , that as much as in him lies , he makes a complement of all the liberties of england to the unsatiable avarice and ambition of statesmen and court-ministers . since therefore we have so narrowly escap'd our destruction , and one session more of the last parliament would infallibly have ruin'd our constitution , we cannot surely be so grosly overseen as to neglect the opportunity now put into our hands for avoiding the like hazards in time to come ; which may easily be done , if the freeholders and burghers in england will petition and engage their representatives to consent to a bill which shall be brought into the house , to incapacitate all members for holding offices and preferments : or if it should be thought too much to debar them altogether from the enjoyments of posts of honor and advantage , let them keep them during good behaviour , and not otherwise ; that such places may not be reserv'd in store for those who shall be from time to time elected , and thereby a continued course of corruption be carry'd on successively thro the whole nation , who will in a few years insensibly find themselves so universally infected with this insinuating vice , that we shall be throughly ripe for destruction , and readily expose to sale the liberties of england by auction to the fairest bidder . if it was deservedly thought one of our most dangerous grievances , that the judges , who only declare the law , should hold their places ad beneplacitum ; what condition must we be in when our law-makers themselves are subjected to the same temptations ? or what advantage have we got by having our judges commissions for life , when our very legislature it self is prostituted to bribery and fordid gain ? the fortune of england is now brought to the nicest point , and there are critical seasons , which if neglected , will never again be offer'd ; and should we now fail in our duty to our country , we shall assuredly fall unpitied by the rest of the world . but if on the other hand we can by our foresight and diligence prevent for the future the bribing and corruption of parliaments , it is not to be imagin'd what security , what happiness , and what immortal reputation will be the never-ceasing concomitants of such a settlement . if the very rump of a parliament , even in the midst of domestic discontents , and beset on all sides with foreign assaults and invasions , were able by that one self-denying act to maintain the publick welfare from the danger of inward convulsions at home , and violent concussions from abroad ; if that small and broken number without any head , and under so many disadvantages , could by this only means secure our peace , and so widely extend the repute and honor of the english name ; what country or what region could ever give limits to the unbounded reputation of a full and legal parliament so nobly qualify'd ? what nation could there be so powerful as to resist our forces , or so politick as to infatuate our counsels ? there is nothing within the compass of human wishes that we might not assure our selves from the wisdom and virtue of such a disinterested assembly , headed and incourag'd by the most auspicious prince that ever yet swayed the english scepter : a prince who only waits the opportunity of our own willingness to be happy , and is fir'd with a longing eagerness to see the nation deserve the glorious effects of his inimitable conduct , and inexhausted beneficence ; who only wishes a happy conjuncture of a free and unbyass'd parliament , that he might join with them in the rescue of himself and us from the oppression of those devouring harpies , who would tear off the yet green and flourishing lawrels from his majestic brows , and ungratefully cast a tarnish upon the lustre of his bright and shining atchievments : that he might dissipate those inauspicious vapors which have hindred him from breaking out in the height of his meridian glories , and intercepted his benign and noble influence upon his inferior and dependent orbs : that he might deliver up to justice those traitorous and insinuating parasites , who endeavour to inspire into his sacred breast an unworthy jealousy of his people , as if he wanted the assistance of a standing army to secure and establish to himself that throne which he has already so firmly erected in the hearts and affections of his subjects : and lastly , that he might wholly discharge himself of those wretched and perfidious statesmen , who endeavour to fix the brand of their own acquir'd infamy upon their master , that they may make him as hateful to one party for their vices , as he is already to another for his own virtues , and deprive him of the glorious title of the world 's greatest benefactor , which he has so justly purchas'd to himself by his immortal performances . . i shall conclude with one word , in answer to such who may possibly think i have reflected too much upon the supineness and base neglect of the people of england ; as if it were possible they could be such monstrous and unnatural self-murderers , as to give away with their own breath and free consent all their rights to their estates and lives . i confess i should be glad to find my labour lost upon this account : but i desire such to consider , that there are many honest and well-meaning englishmen who do not distinguish between our present government , and our present way of governing ; whose distance from the parliament , multiplicity of business , or other circumstances in the world , render them less able to penetrate the designs that are now carrying on for the total subversion of our most excellent constitution . and it is plain on the other hand , that the great and unwearied diligence of the present conspirators against our government , in order to support their future elections , dos infer their thoughts that the majority of the electors are capable of being impos'd upon in this gross and unexampled manner . since therefore those who are making us slaves , think it no great difficulty to effect their purposes , i see no reason why i ought to be so tender as to forbear expressing my sears and apprehensions of their success . finis . a declaration. the lords and commons assembled in parliament, having received several informations, that there have been divers tumults, ryots, outrages, and misdemeanors lately committed in sundry parts of this realm by unquiet and discontented spirits, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration. the lords and commons assembled in parliament, having received several informations, that there have been divers tumults, ryots, outrages, and misdemeanors lately committed in sundry parts of this realm by unquiet and discontented spirits, ... england and wales. parliament. sheet ([ ] p.) printed by john macock, and francis tyton, printers to the house of lords, london : . title from caption and opening lines of text. "all sheriffs, &c., in office april are to continue in their offices, using the king's style and name, and suppress the riots and rumors. all soldiers to aid them." -- cf. steele. annotation on thomason copy: "may ". reproduction of the original in the british library. eng england and wales. -- sovereign ( - : charles ii) disorderly conduct -- england -- early works to . great britain -- history -- charles ii, - -- early works to . a (thomason .f. [ ]). civilwar no a declaration. the lords and commons assembled in parliament, having received several informations, that there have been divers tumults, ryo england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms diev et mon droit ❧ a declaration . the lords and commons assembled in parliament , having received several informations , that there have been divers tumults , ryots , outrages , and misdemeanors lately committed in sundry parts of this realm by unquiet and discontented spirits , to the disturbance of the publick peace , and fomenting of new troubles , do hereby order and declare , that all sheriffs , iustices of the peace , mayors , constables , and other ministers of publick iustice that were in office the th day of april . shall be continued in their respective offices , and shall exercise the same in the kings majesties name and style , and shall use their best endeavours to suppress and prevent all ryots , tumults , unlawfull assemblies and misdemeanors whatsoever against the lawes and peace of this realm , and all treasonable and seditious words , reports , and rumors against his majesties royal person and authority , and proceed against all offenders therein according to law and iustice ; and all military officers and souldiers and all others are to be aiding and assisting to them therein . die lunae , maii , . ordered by the lords in parliament assembled , that this declaration be forthwith printed and published . jo . browne , cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , . upon the declaration of his majesty king charles of england the second richards, nathaniel, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) upon the declaration of his majesty king charles of england the second richards, nathaniel, - . sheet ([ ] p.) printed for j.g., london : . in verse - "bless mighty god great britains second king". annotation on thomason copy: "may ". reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- poetry -- early works to . england and wales. -- sovereign ( - : charles ii) -- poetry -- early works to . great britain -- history -- charles ii, - -- poetry -- early works to . a r (thomason .f. [ ]). civilwar no upon the declaration of his majesty king charles of england the second. richards, nathaniel a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms upon the declaration of his majesty king charles of england the second . bless mighty god great britains second king charles : shield him divinity ( from the sting of black mouth'd murth'ring malice , make him live the worlds true mirrour , that do's now forgive freely foul facts ; foul faults , which makes all those enemies friends , that were his greatest foes . king charles the first , that glorious martyr , he of never-dying blessed memory , his chiefest charge unto his royall son was to forgive his enemies ; 't is done , for all earth's potentates t' dmire , and see king charles the seconds christian charity ; witnesse gods hand ; heav'n fights for him , by good and best of subjects ; shedding no mans blood . o beyond thought ! blest comfort to us all sent by the means of vertues general ; no fiends in flesh could sooth him to refrain obedience , true love to his soveraign . a king , whose thoughts , think it his safest living to immitate our saviour in forgiving ; praying for foes , wherein he dos comprize the funeral of all his injuries : this from sad exile , sent him home to heale the bloody wounds of englands commonweale : like man and wife , where both in love agree , king's live in peace , prudent parl'aments free . nathaniel richards . london , printed for j. g. . notes, typically marginal, from the original text notes for div a e- expedit adversarios nostros condonare , memoriamque eorum ex adversariis nostris delere . rex serenissimus carolus secundus noster , non in imperio tanquam in virtute securior . a letter from mr. marshall and mr. nye, appointed assistants to the commissioners of scotland to their brethren in england, concerning the successe of their affaires there, partly concerning the covenant. marshall, stephen, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from mr. marshall and mr. nye, appointed assistants to the commissioners of scotland to their brethren in england, concerning the successe of their affaires there, partly concerning the covenant. marshall, stephen, ?- . nye, philip, ?- . [ ], , [ ] p. printed for john bellamy and ralph smith, london : . first edition? one of two editions published. reproduction of original in huntington library. eng england and wales. -- parliament. -- house of commons. scotland. -- parliament. great britain -- history -- civil war, - -- sources. a r (wing m ). civilwar no a letter from mr. marshall, and mr. nye, appointed assistants to the commissioners of scotland: to their brethren in england, concerning the marshall, stephen a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from mr. marshall , and mr. nye , appointed assistants to the commissioners of scotland : to their brethren in england , concerning the successe of their affaires there , partly concerning the covenant . published by the order of the house of commons . london , printed for john bellamy and ralph smith . . a letter from mr. marshall , and mr. nye , appointed assistants to the commissioners of scotland . reverend friends , wee cannot but communicate unto you the good hand of god with us in the worke we are imployed in , our commissioners have most indefatigably followed their businesse night and day , having scarcely allowed themselves time to eate or sleepe , and have had to doe with the convention of states , and assembly of divines , ( both which we found happily sitting at the time of comming ) the gravest and wisest that we have seene , and who we thinke are more sensible of our condition than we are our selves , the leading men both of the convention and assembly , and ( as farre as we can understand ) even the whole body of the nation looking upon it as the cause of christ , and that they cannot but be ruined if we perish ; we are fully and confidently perswaded they are generally resolved to live and die with us in this quarrell against the popish and episcopall faction , and for the reformation of religion according to the word ; we know multitudes are prejudiced against them as if we might expect no helpe from them but for their owne ends , but if you dare give any credit to our faithfulnesse and most diligent inquisition and observation ; ( having opportunity of conversing with the holyest of our brethren their ministers that are in the kingdome ) let us prevaile with you to beate downe all such unworthy thoughts and jealousies of them , they are guided by god in this worke , & we are perswaded will bring glory to christ and requitall of all our former love to them . some select men have debated with us of the most ready way to stirre up their people to come in readily , and they suggested and made it apparent that the joyning in a covenant to be subscribed would take them all , and a forme was agreed upon , which when you see , you will easily discerne , hath beene drawne up with that warinesse as to expresse their desires as well as ours , that there might be no bogling at it . and when our commissioners and the commissioners of the convention and assembly had on wednesday at night agreed upon the forme , it was the next day brought into the generall assembly , where we were present , and eye witnesses of what was done , where as a good introduction to it , the letter from our assembly was first read , and entertained with great acceptation , ( the moderator solemnely professed that it deserved oft to be read amongst them ) & then the businesses of the covenant was propounded , and the forme read twice over . there were present betweene twenty and thirty of their prime nobility , we thinke neer a hundred noble men and divines spoke to the businesse before it was voted , no man speaking against it , except the kings commissioner , who was answered and dealt with , with that wisedome , freedome , and resolution both by nobles and divines as your heart can thinke , though he professed that as a private man he liked it , and said after the voting he heard a joyfull sound . in fine it was voted and agreed to be entered into ( for substance , for it was by the moderator declared it was the substance intended and not expressions or words ) assoone as they heard their brethren in england agree upon it ; we say their brethen , not limiting it to the parliament , which possibly may not be fitting . and when you have agreed it ( as we hope you will ) we are perswaded the body of the kingdome of scotland will live and die with you , and we doubt not but they will be preparing speedily upon expectation of the covenants passing amongst you . we scarce ever saw so much of christ for us as this day in the assemblies carrying of this businesse , such weeping , such rejoycing , such resolution , such patheticall expressions , as we confesse hath much refreshed our hearts , before extremely sadded with ill newes from our deare countrey ; and hath put us in good hope that this nation ( who set about this businesse as becommeth the worke of god and the saving of kingdomes ) shall be the meanes of lifting up of distressed england and ireland . we are perswaded that the most dejected and sad heart amongst you would have the same thoughts we are now possessed with , if they were with us ; we thinke twenty thousand of them will come to your helpe rather then faile . and againe we say we hope you will quickly see a good army with you ; yea , something done before , or as soone as these letters come at you : continue with all earnestnesse as you were wont in seeking god , and be not discouraged , or suffer your spirits to languish ; surely the arme of the lord in this assistance extends it selfe towards you , in the mount the lord will be seene . some of these reverend and godly ministers are comming to our assembly ; we shall not neede to intreate you to give them the right hand of fellowship , nor will we relate in what a hearty respectfull way we have beene received by them both in publike and private . we forbeare to write any more because this bearer will acquaint you with our affaires , ( and distribute our respects amongst you ) and his hast alloweth us no more time , but to commit you to the grace of god , and subscribe our selves . from edenburgh , aug. . . your most affectionate and deare brethren , stephen marshall . philip nye . the letters we brought with us from some brethren , melted the assembly beyond measure , and have beene of great use , blessed be god . it is declared by the lords and commons in parliament, that the stopping of the passages between hull and the parliament, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) it is declared by the lords and commons in parliament, that the stopping of the passages between hull and the parliament, ... england and wales. parliament. sheet ([ ] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at london : . title from the opening lines of text. "the intercepting of messengers or letters to and from parliament is a high breach of the privileges of parliament. all lords, lieutenants, sheriffs, &c., are to give their uttermost aid to the free passages of such messages, and to apprehend all those who would hinder in on any pretext. -- steele. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . hull (england) -- history -- sources. a r (thomason .f. [ ]). civilwar no die martis . april. . it is declared by the lords and commons in parliament, that the stopping of the passages between hull and the pa england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis . april . . it is declared by the lords and commons in parliament , that the stopping of the passages between hull and the parliament , and the intercepting of messengers imployed from the parliament to hull , or from any that are in the service of the parliament , or any letters whatsoever sent by any , to , or from the parliament , is a high breach of the priviledge of parliament , which by the lawes of this kingdom , and the protestation , we are bound to defend with our lives and our fortunes , and to bring the violater thereof to condigne punishment . and hereby all lords lieutenants , and their deputies authorised by the ordinance of both houses of parliament , all sheriffs , iustices , majors , bailiffs , constables , and other officers whatsoever , are required to give their uttermost aide and assistance to all that are imployed in the said service , for their better and more speedie free and safe passage : and to apprehend all such as by colour of any warrant or other authoritie whatsoever , shall endeavour or go about to hinder any that are imployed about the same , and them to apprehend , and in safe custodie to send up to the parliament . ordered by the lords and commons in parliament , that this declaration shall be forthwith printed and published . jo. browne cler. parl. imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . a vindication of vviliam prynne esquire from some scandalous papers and imputations, nevvly printed and published, to traduce and defame him in his reputation. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a vindication of vviliam prynne esquire from some scandalous papers and imputations, nevvly printed and published, to traduce and defame him in his reputation. prynne, william, - . sheet ([ ] p.) s.n., [london : ] dated and signed at end: from the kings head in the strand, ian. , william prynne. imprint from wing. reproduction of the original in the british library. eng prynne, william, - -- early works to . england and wales. -- parliament. -- house of commons -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a vindication of vviliam prynne esquire, from some sandalous papers and imputations, nevvly printed and published, to traduce and defame him prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the vindication of vvilliam prynne esquire , from some scandalous papers and imputations , nevvly printed and published , to traduce and defame him in his reputation . where as a scandalous paper have been newly printed and published in my name by some of the imprisoned stage-players , or agents of the army , intituled mr. william prynne his defence of stage-playes , or , a restraction of a former book of his called his triomastix , of purpose to traduce and defame me : i do hereby publikely declare to all the world , the same to be a meere forgery and imposture , and that my judgement and opinion concerning stage playes and the common actors of them , and their intollerble mischeivousness in any christian state , is still the same , as i have more amply manifested it to be in my histriomastix . and whereas another pamphlet hath been printed and published , with this title . the examination of mr. wil. prynne by order of the house of commons , with his answer : wherein is related . that the two members appointed to know mr. prynnes answer , whether the scandalous pamphlet to which his name was set was his ? and whether he would owne it ? repored this answer , that when a sufficient authority sent to him , he would returne a speedy answer ; which answer is to be considered of on thursday-next : that there is a mistake in this report : which i conceive my selfe bound to rectifie , by relating the whole truth , which is as followeth . that on friday last about five of the clock at night , mr. humphrey edwards , and iohn fry , came to my chamber , to the kings head in the strand , & without shewing me any order , or commission ; told me : that they were sent to me by the house of commons to aske me a question : which was , whether a booke they then produced , and held in their hands , were mine , or not ? not reading the title , nor any part of it ; but j conceived it was the memento , to whom j returned this answer . that i knew of no authority they had to demand this question of me ; that i neither knew nor took them to be members , their elections being both void and illegall , and so proved at the committees which examined them , who had voted them such , and therefore they ought not to sit , being voted out of the house . and that this was all the answer j should returne them : who should be alwayes ready to give an answer to any question , concerning any book i had written in a legall way , when it should be demanded by a lawfull authority . m. fry answered , that though his election was voted voyd by the committee , that it was not reported to , nor voted void by the house , and therefore he might sit , to which i replied , that no man after his election was unanimously voted voyd by the whole committee , being so foul as his and mr. edmonds were , had the impudency to sit and vote in the house , til they made the president . whereupon they departed somewhat disconted . this is the reall truth of all that passed between me & them , which i thought it my duty to publish to the world to avoid mistakes : & so much the rather , because the gen ▪ counsell of the army in their answer of jan , touching the secured and secluded members : p , , , complain of many abuses in the new elections ; and that the elections of many honest men have been long suspended under examination , and kept off from tryall by practise of the secluded members , when as in verity , the greatest abuses of this kind that ever were , have proceeded from the officers and their parties ; most of the elections of their adherents being very foule and void , & petitioned against , being kept off by their parry , from examination , and report : by reason whereof , the two forementioned gentlemen , mr. blagrave , ( whose election is voted void long since ) and divers others now sitting , have been kept in the house against al right and justice , when as there is not one secluded member for ought j can learn whose election is not fair and legall . in witnesse whereof i have hereunto subscribed my name ; william prynne . from the kings head in the strand , ian. , esay , none calleth for justice ; nor any pleadeth for truth : they trust in vanity and speak eyes : they conceive mischief and bring forth iniquity their works are works of iniquity , and the act of violence is in their hands . titus . the cretians are alwayes lyars , evill beasts , slow bellies , finis . reflections on a paper, intituled, his majesty's reasons for withdrawing himself from rochester burnet, gilbert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reflections on a paper, intituled, his majesty's reasons for withdrawing himself from rochester burnet, gilbert, - . p. ; cm. printed for john starkey and ric. chiswell ..., london : . attributed to gilbert burnet. cf. mcalpin coll., halkett & laing. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . england and wales. -- sovereign ( - : james ii) - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion reflections on a paper , intituled , his majesty's reasons for withdrawing himself from rochester . published by authority . london : printed for john starkey ; and ric. chiswell at the rose and crown , in s. paul's church-yard . mdclxxxix . reflections on a paper , intituled , his majesty's reasons for withdrawing himself from rochester . there is a paper spread about the town , which might be confuted in every particular , not only with clearness , but with severity too , if there was not a restraint put upon the full liberty of answering any thing that goeth under a name , to which respect will still be paid , even by those to whom it is denied : therefore nothing will be said to it by way of an intire answer ; nor any advantage taken of the many mistakes which lye too open to be defended . it shall suffice for the present to mention some things which are laid down in the paper , in such a manner , as may , perhaps , mislead men into a wrong judgment of them , for want of being sufficiently informed in the matter of fact . the particulars are : . the prince sending his guards at eleven of clock at night , to take possession of the posts at whitehall , without advertising him of it in the least . . the sending a kind of an order by three lords , to be gone out of his own palace before twelve that morning . to the first , the matter of fact is , that upon the king 's being apprehended , when he was going out of the kingdom , and afterwards being brought to rochester , whither his servants and coaches were sent for by him , to bring him up to london , the prince , who had upon that taken his measures to hasten up to town , and being fixed in his opinion , that it was , in many respects , improper for the king and him to be there at the same time , in the present state of affairs ; sent monsieur zulestein to meet him in the way , and to desire him to return to rochester ; but monsieur zulestein missing him , by going another way than that by which he came , the king arrived at whitehall , and at the same time sent a message by my lord feversham to the prince , inviting him to come to st. james's , with what number of troops he should think fit to bring with him . the prince upon this deliberateth with the lords then at windsor , the day before he had appointed to be in town , and having communicated the message to them , and left them to debate the whole matter , it was agreed , that it was in no kind adviseable for the prince to accept the invitation ; and on the other side , there being a necessity that the prince should be in town next day , the lords thought that the shortness of time could admit no better expedient , than that the king might be desired to remove to some place within a reasonable distance from london ; upon which , ham , a house belonging to the dutchess of lauderdale , was pitched upon . in order to this , a paper was drawn in these words , and signed by the prince : we desire you the lord marquess of hallifax , the earl of shreusbury , and the lord delamere , to tell the king , that it is thought convenient for the great quiet of the city , and for the greater safety of his person , that he do remove to ham , where he shall be attended by guards , who will be ready to preserve him from any disturbance . given at windsor , the th day of december , . prince de orange . the prince appointed three lords to carry this paper ; and it was resolved , that before the delivery , the prince's guards should be possessed of all the posts at whitehall , to prevent the possibility of a disturbance from guards belonging to several masters ; which besides other ill consequences might perhaps have involved even the king 's own person in the danger that might have arisen from any dispute . it was supposed by computation , that the prince's guards might be at london by eight of the clock that night : but it so happened , that it was past ten before they all arrived , commanded by the count of solmes ; and when they were come , there being difficulty made of withdrawing the king's guards from whitehall , there was so much time spent , that it was past twelve of the clock before the lords could proceed in their message . in which , that they might preserve all possible decency and respect ; and that they might not suddenly break in upon the king with a message of this kind , they sent to my lord middleton , his principal secretary of state , the following letter . my lord , there is a message to be delivered to his majesty from the prince , which is of so great importance , that we , who are charged with it , desire we may be immediately admitted ; and therefore desire to know where we may find your lordship , that you may introduce , my lord , your lordship 's most humble servants , hallifax , shreusbury , delamere . the lord middleton told the messenger , he would be ready at the stairs of the guard-chamber to carry the lords to the king. upon this they went , and finding my lord middleton at the place he had appointed , he brought them to the king , whom they found in bed : after making an apology for coming at an hour which might give him disturbance , the prince's message before recited was delivered him ; which after he had read , he said , he would comply with . then the lords , as they were directed , humbly desired , if it might be done with convenience to his majesty , that he would be pleased to remove so early , as to be at ham by noon ; by this means , to prevent the meeting the prince in his way to london , where he was to come the same day ; his majesty readily agreed to it , and then asked , whether he might not appoint what servants should attend him ; to which the lords replied , that it was left to him to give order in that as he pleased . and after that , they took their leave . when they were gone as far as the privy chamber , the king sent for them again , and told them , that he had forgot to acquaint them with his resolutions before the message came , to send my lord godolphin next morning to the prince , to propose his going back to rochester , he finding by the message that monsieur zulesteyn was charged with , that the prince had no mind he should be in london ; and therefore he now desired , that he might rather return to rochester , than go to any other place . the lords replied , that they would immediately send an account to the prince of what his majesty desired , and did not doubt of such an answer as would be to his satisfaction ; accordingly they sent presently to the prince , who was then at sion , to inform him of all that had passed ; and before eight of the clock in the morning had a letter from monsieur benting , by the prince's order , agreeing to the king's proposal of going to rochester ; upon which , the guards being made ready , and the boats prepared , he went that night to gravesend . the observations which may naturally arise from this whole matter are , first , that the king having been sent to by the prince by monsieur zulesteyn , that he would be pleased to return to rochester . this message by the lords could not possibly be a surprize to him , but must have been expected as a necessary inference from the first ; and this is proved in fact by the king 's having given order to my lord godolphin to go to the prince with an offer to return to rochester , concluding that his highness would have less exception to his being there , than he might have to his remaining at london . in the next place , as to the complaint of the prince's sending his guards at such a time of night , and without giving warning ; let it be considered , whether , since a thing of this kind was judged necessary to be done , it had not better grace even in respect to the king himself , to do it upon short warning , rather than expose him more by treating and proposing formally that which his majesty was in no condition to deny . in all cases where the means of contesting fail , it is sure a respect to those who are under such a disadvantage , not to add to their mortification , by drawing it out in length by the deceitful ceremony of treating where no power is left to dispute . then as to the unseasonable hour , besides other reasons that have been mentioned ; would those who make the objection have been content , a thing of this nature should have been done in broad day-light , and by sound of drum and trumpet ? no doubt they would then , with more reason , have complained , that a king , in these unhappy circumstances , should be exposed to such an appearance of a triumph ; the thing , in the world , the prince is the least inclined to , and in that respect hath right to the fairest construction such a proceeding will admit . whoever will compare the power of the prince , with the use he maketh of it , must be sufficiently convinced of his moderation : and in this particular instance , allowing the necessity of the prince's coming to town that very day , of which he was the best judge , and admitting the consequence , which cannot reasonably be denied , that the king 's remaining there at that time might not only have given an interruption to the peace of the town , but to the respect that ought to be preserved to his person ; it was not possible to execute what was thought so necessary , with more decency and precaution than was observed ; and impartial judges , who are not carried away by the sound of things , against the reason of them , will , no doubt , give their opinions , that this proceeding doth not deserve any part of the censure that hath been put upon it , by those who did not know the truth of it . the end . by the king and queen, a proclamation, for recalling and prohibiting seamen from serving of foreign princes and states proclamations. - - . england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation, for recalling and prohibiting seamen from serving of foreign princes and states proclamations. - - . england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . sheet ([ ] p.) printed by charles bill, and the executrix of thomas newcomb deceas'd; printers to the king and queen's most excellent majesties, london : . dated at end: whitehall, the tenth day of october, . steele notation: other do us. reproduction of the original in the guildhall library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- early works to . sailors -- england -- early works to . great britain -- history, naval -- stuarts, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king and queen , a proclamation , for recalling and prohibiting seamen from serving of foreign princes and states . marie r. whereas we have beén advertised , that great number of mariners and other seafaring men ( being our natural-born subjects ) have betaken themselves to the service of foreign princes and states , in this time of war , when there is occasion to use men of their sort and calling ; we for redress thereof at present , and for preventing the like for the future , by this our royal proclamation ( with the advice of our privy council ) do strictly charge and command all masters of ships , pilots , mariners , seamen , and other seafaring men whatsoever , and wheresoever ( bring our natural born subjects ) who are in service of any foreign prince or state , or do serve in any foreign ships or vessel , that forthwith they and every of them do withdraw themselves , and depart from such foreign services , and return home to their native countries . and further , we do hereby strictly prohibit and forbid all masters of ships , mariners , seamen , and other seafaring men whatsoever ( being our natural born subjects ) from entring themselves , and do hereby strictly charge and command them and every of them front henceforth to forbear to enter themselves into pay , or otherwise betake themselves to the service of any foreign princes or states , or to serve in any foreign ship or vessel , without our special licence first had and obtained in that behalf ; to all which we expect due obedience , and exact conformity . and we do hereby publish and declare , that the offenders to the contrary shall not only incur our just displeasure , but be proceéded against for their contempt according to the utmost severities of law. and further , we do hereby authorize and command all our officers and ministers in our respective ports , and all captains , masters , and other officers serving or employed in any of our ships or vessels at sea , to stop and make stay of all such person and persons as shall endeavour to transport or enter themselves into the service any foreign prince or state , contrary to the true intent and meaning of this our royal proclamation ; and also to seize upon , take , and bring away all such mariners , seamen , and other persons aforesaid , as shall at any time after the first day of february next be found to be employed , or serving in any ships or vessels belonging to any foreign prince or state , or to any merchant , or other person or persons , being subjects of any foreign prince or state. and we do hereby further declare , that in case any mariner , seamen , or other persons aforesaid , serving in any ships or vessels belonging to any foreign prince or state , or to any merchants , or other persons , being subjects of any other prince or state , shall at any time after the said first day of february next be taken in such service by any ships of war belonging to the governments of algiers , tunis or tripoli , they shall be left to remain in slavery according to the treaties and capitulations between us and the said governments in that behalf , and are not to expect to be demanded by us. given at our court at whitehall , the tenth day of october , . in the fourth year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the king and queens most excellent majesties . . an act appointing commissioners for the government of the army. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act appointing commissioners for the government of the army. england and wales. parliament. sheet ([ ] p.) printed by john streater, by vertue of especial command, london : [ ] dated at end: passed october the th. . thomas st. nicholas clerk of the parliament. annotation on thomason copy: " ber [i.e. october]. ." reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no an act appointing commissioners for the government of the army. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act appointing commissioners for the government of the army . be it enacted by this present parliament , and the authority thereof ; and it is hereby enacted , that one act made by this present parliament instituted an act , constituting charls fleetwood , esq lievtenant general , commander in chief of the forces raised and to be raised by authority of parliament , within england and scotland , and all powers thereby given ; be , and are , hereby repealed , and made voyd ; and that the army and forces in england and scotland , of this commonwealth shall , for the future , be governed by commissioners , in the place and stead of a lievtenant general : and that lievtenant general charls fleetwood , lievtenant general edmond ludlow , general george monk , sir arthur hasterigg , baronet , colonel valentine walton , colonel herbert morley , and colonel robert overton ; be , and are hereby appoynted commissioners , to execute all and singular the powers and authorities insident , belonging to the office of the lievtenant general of the army of this commonwealth , in england and scotland , in as large and ample manner , as in and by the said recited act , was granted and expressed : and that they or any three or more of them , shall and may , execute the said office and powers from the eleventh day of october , . untill the twelfth day of february . any act or commission whatsoever , made or granted to the contrary , in any wise , notwithstanding ; and that all officers and souldiers of the army , and other persons concerned , are hereby required to yield their obedience to the said commissioners accordingly : and the said commissioners are to obey and observe such orders and directions as they , or any three , or more , of them shall , from time to time , receive , from the parliament , or council of state appointed , or which shall be appointed , by authority of parliament . passed october the th . . thomas st. nicholas clerk of the parliament . london , printed by john streater , by vertue of especial command . the full proceedings of the high court of iustice against king charles in westminster hall, on saturday the of january, together with the kings reasons and speeches and his deportment on the scaffold before his execution / translated out of the latine by j.c. ; hereunto is added a parallel of the late wars, being a relation of the five years civill wars of king henry the d. with the event of that unnatural war, and by what means the kingdome was settled again. charles i, king of england, - , defendant. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the full proceedings of the high court of iustice against king charles in westminster hall, on saturday the of january, together with the kings reasons and speeches and his deportment on the scaffold before his execution / translated out of the latine by j.c. ; hereunto is added a parallel of the late wars, being a relation of the five years civill wars of king henry the d. with the event of that unnatural war, and by what means the kingdome was settled again. charles i, king of england, - , defendant. chamberlayne, edward, - . present warre parallel'd. j. c. [ ], , p. : ports. printed for william shears ..., london : . reproduction of original in huntington library. eng charles -- i, -- king of england, - . england and wales. -- high court of justice for the trying and judging of charles stuart, king of england. great britain -- history -- henry iii, - . great britain -- history -- barons' war, - . a r (wing f ). civilwar no the full proceedings of the high court of iustice against king charles in westminster hall, on saturday the . of january, . together, [no entry] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the full proceedings of the high court of iustice against king charles in westminster hall , on saturday the . of january , . together , with the kings reasons and speeches , and his deportment on the scaffold before his execution . translated out of the latine . by j. c. hereunto is added , a parallel of the late wars , being a relation of the five years civill wars , of king henry the d. with the event of that unnatural war , and by what means the kingdome was settled again . london , printed for william shears , at the bible in st. pauls church-yard , . the first dayes proceeding of the high court of justice , &c. the triall and the execution of the last king of england , being still as much the wonder as the discourse of christendome : i shall indeavour to represent it to you , with the exactest faithfulness that can possibly be desired ; and although others have gone before me on the same subject , by the benefit of time ; i doubt not but that i shall exceed them by the advantage of truth . in the supream tribunal of justice sitting at whitehall in westminster , serjeant bradshaw being president , and about seventy other persons , elected to be his judges , being present ; the cryer of the court , having proclaimed his oyes , to invite the people to attention , silence was commanded , and the ordinance of the commons in parliament , in reference to the examination of the king , was read , and the court was summoned , all the members thereof arising as they were called . the king came into the court , his head covered , serjeant dendy , being remarkable by the authority of his mace , did usher him in ; colonel hatcher , and about thirty officers and gentlemen did attend him as his guard . the court being sat , the lord president bradshaw spake thus unto him . charls stuart king of england , the commons of england assembled in parliament , being touched with the sense of the calamities which have happened to this nation , and of the innocent bloud spilt , of which you are accused to be the author , have both according to their office , which they ow unto god , this nation and themselves , according to the power and fundamentall faith intrusted with them , by the people , constituted this supream court of justice , before which you are now brought to hear your charge , on which this court will proceed . mr. cook the sollicitor generall . sir , in the name of the commons of england , and of all the people thereof : i do charge charls stuart here present , as guilty of treason and other great defaults , and in the name of the commons of england , i require that his charge may be read unto him . the king , stay a little . l. president , sir the court hath given order , that the charge shall be read : if you have any thing afterwards to plead for your self , you may be heard : hereupon the charge was read . that the said charls stuart being admitted king of england , and therein trusted with a limitted power , to govern by , and according to the laws of the land , & not otherwise ; and by his trust , oath , and office , being obliged to use the power committed to him , for the good and benefit of the people , and for the preservation of their rights and liberties ; yet neverthelesse out of a wicked designe , to erect , and uphold in himself an unlimitted and tyrannical power , to rule according to his will , and to overthrow the rights and liberties of the people ; yea , to take away , and make void the foundations therof , and of all redress and remedy of misgovernment , which by the fundamental constitutions of this kingdome , were reserved on the peoples behalf , in the right and power of frequent and successive parliaments , or nationall meetings in councel ; he the said charls stuart , for accomplishment of such his designes , and for the protecting of himself and his adherents , in his and their wicked practises to the same ends , hath traiterously and maliciously leavied war against the present parliament , and the people therein represented . particularly , upon or about the thirtieth day of june , in the year of our lord , one thousand six hundred fourty and two , at beverly , in the county of york ; and upon , or about the th day of july , in the year aforesaid , in the county of the city of york ; and upon or about the twenty fourth day of august , in the same year , at the county of the town of nottingham ( when and where he set up his standard of war ; ) and also on , or about the twenty third day of october in the same year , at edg-hill , and keinton-field , in the coun-of warwick ; and upon or about the thirtieth day of november , in the same year , at brainchford , in the county of middlesex : and upon , or about the thirtieth day of august in the year of our lord , one thousand six hundred fourty and three , at cavesham-bridge , neer reding , in the county of berks ; and upon , or about the thirtieth day of october , in the year last mentioned , at , or neer the city of glocester ; and upon , or about the thirtieth day of november , in the year last mentioned , at newbury , in the county of berks ; and upon , or about the one and thirtieth day of july , in the year of our lord , one thousand six hundred fourty & four , at cropredybridge , in the county of oxon ; and upon , or about the thirtieth day of september , in the year last mentioned , at bodmin , and other places neer adjacent , in the county of cornwall ; and upon , or about the thirtieth day of november , in the year last mentioned , at newbery aforesaid ; and upon , or about the eighth day of june in the year of our lord , one thousand six hundred fourty and five , at the town of leicester ; and also , upon the fourteenth day of the same month , in the same year , at naseby-field , in the county of northampton . at which severall times and places , or most of them , and at many other places in the land , at severall other times , within the years aforementioned : and in the year of our lord , one thousand six hundred fourty and six ; he the said charls stuart , hath caused and procured many thousands of the free-people of the nation to be slain ; and by divisions , parties and insurrections , within this land , by invasions from forraign parts , endevoured and procured by him , and by many other evill wayes and means . he the said charls stuart , hath not onely maintained and carried on the said war , both by land and sea , during the year before mentioned ; but also hath renewed , or caused to be renewed , the said war against the parliament , and good people of this nation , in this present year , one thousand six hundred fourty and eight , in the counties of kent , essex , surry , sussex , middlesex , and many other counties & places in england & wales and also by sea ; and particularly , he the said charls stuart , hath for that purpose , given commission to his son the prince and others , whereby besides multitudes of other persons , many such , as were by the parliament intrusted and imployed , for the safety of the nation , being by him and his agents , corrupted , to the betraying of their trust , and revolting from the parliament , have had entertainment and commission , for the continuing and renewing of war and hostility , against the said parliament and people as aforesaid . by which cruel and unnatural wars by him , the said charls stuart , leavied , continued , and renewed as aforesaid , much innocent blood of the free-people of this nation hath been spilt ; many families have been undone , the publick treasury wasted and exhausted , trade obstructed , and miserably decayed ; vast expence and dammage to the nation incurred , and many parts of the land spoiled , some of them even to desolation . and for further prosecution of his said evil designs , he the said charls stuart doth still continue his commissions to the said prince , and other rebels and revolters , both english and forraigners , and to the earl of ormond , and to the irish rebels and revolters , associated with him ; from whom further invasions upon this land are threatned , upon the procurement , and on the behalf of the said charls stuart . all which wicked designes , wars , and evill practises of him , the said charls stuart , have been and are carried on , for the advancing and upholding of the personall interest of will and power , and pretended prerogative to himself and family , against the publique interest , common right , liberty , justice and peace of the people of the nation , by and for whom he was entrusted , as aforesaid . by all which it appeareth , that he the said charls stuart , hath been , & is the occasioner , author , and contriver of the said unnatural , cruel , and bloody wars , and therein guilty of all the treasons , murthers , rapines , burnings , spiols , desolations , dammage & mischief to this nation , acted or committed in the said wars , or occasioned thereby . and the said john cook , by protestation ( saving on the behalf of the people of england , the liberty of exhibiting at any time hereafter , any other charge against him the said charls stuart ; and also of replying to the answers which the said charls stuart shall make to the premises , or any of them , or any other charge that shall be so exhibited ) doth , for the said treasons and crimes , on the behalf of the said people of england , impeach the said charls stuart , as a tyrant , traitor , murtherer , & a publike , and implacable enemy to the common-wealth of england : and pray , that the said charls stuart king of england , may be put to answer all and every the premises , that such proceedings examinations , tryals , sentence , and judgment may be thereupon had , or shall be agreeable to justice . the king was oftentimes observed to smile in indignation , during the reading of the charge , especially , at the words : tyrant , traitor , murderer , and publick enemy to the common-wealth . l. president sir , you have now heard the charge read , containing such matters , as do appear therein , you have observed that in the conclusion thereof , it is required of the court , in the name of the commons of england , that you answer to your charge , which the court doth expect . the king . i would be satisfied by what power i am called hither ? it is not long since that i was in the isle of wight , how i came thither , the story is longer than i i conceive fitting , in this place to declare ; but i there entred upon a treaty with both houses of parliament , with as much publick faith , as it is possible to be obtained from any people in the world . i there treated with a number of honourable lords and gentlemen , and i treated honestly and faithfully with them ; i cannot say , but they dealt very ingeniously with me ; and we proceeded so farr , that the treaty was even concluded . now i would understand by what authority , ( i mean lawfull ) i am brought hither . there are many unlawfull authorities in the world , as thieves and plunderers in the high-wayes . i would know by what authority i was taken from thence , and carried from place to place , i know not where ? when i have understood the lawfulness of the authority , i will make my answer : in the mean time , remember that i am your king , your lawfull king ; and weigh well with your selves , what sins you heap on your own heads , and the anger and judgments of god which you will bring upon this land , i say seriously , weigh it before you further do proceed from one sin to a greater . therefore declare unto me , by what lawfull authority i sit here , and i will not refuse to answer you . in the mean time i will not betray my trust . i have a trust committed to me by god , by an ancient and lawfull succession , i will not betray that by answering to a new and an unlawfull authority ; wherefore satisfie me in this , and you shall hear further from me . l. president . if you had but pleased to observe what the court did suggest unto you , when you first came hither , you had understood by what authority you were brought hither ; which authority doth require of you , in the name of the people of england , by whom you are elected king , that you make answer to them . king . no sir , i deny that . l. president . if you do not acknowledge the authority of the court , they ought to proceed against you . king . i tell them that england was never an elective kingdome , but hereditary , for almost , these two thousand years . therefore declare unto me , by what authority i am brought hither . i labour more for the liberty of my people then any of you , who pretend to be my judges ; and therefore i say , declare unto me , by what lawfull authority i am placed here , and i will answer you ; otherwise , i shall make no answer at all . l. president . sir , how well you have administred , the power committed to you , is sufficiently known : the method of your answering is to put interrogatories to the court , which doth not become you in this condition . twice or thrice it hath been represented to you . king . there is present here a gentleman , lievtenant colonel cobbet , demand of him , if he did not bring me from the isle of wight , by force : i come not hither to submit my self to this court . i will do as much for the priviledges of the house of commons , rightly understood , as any other . i see not here the house of lords , which is able to constitute a parliament , and the king ought to be the super-intendent there . is this to bring the king to his parliament ? is this to bring the publick treaty to an end , by the publick faith of the world . either show me your authority established by the scriptures , which are the word of god , or confirmed by the constitutions of the kingdome , and i will answer you . l. president . sir , you have propounded a question , and an answer hath been rendred , but if you will not answer to what they to propound , the court will take it into their consideration , how to proceed against you . in the mean time , they who brought you hither shall return you back again . the court desireth to be satisfied whether this be all the answer that you will give them or not . king . i desire that you would resolve me and all the world , in this one particular . give me leave to acquaint you , that it is a thing of no small importance which you go about . i am sworn to keep the peace according to the duty , which i do ow to god and to my land ; and i will here perform it to the last breath of my body : you shall therefore do wel first to satisfie god , and afterwards the land , by what authority you do this . if you do it by an usurped authority , you cannot defend it . god who sitteth in the heavens will call you , and all those , who have conferred this power on you , to give him an account of it . satisfie me in this , and i shall answer you , for otherwise i should betray the faith , committed to me , and the liberties of my people : wherefore consider of it , and i shall be willing to answer you . for i do professe it is as great a sin to resist a lawfull authority , as to submit unto a tyrannicall , or any other unlawfull authority : wherefore resolve me in this particular , and you shall receive my answer . l. president . the court expecteth that you should give them a finall answer , and will adjourn untill munday next : if you cannot satisfie your self ; although we tell you our authority , our authority will satisfie our selves ; and it is according to the authority of god and the kingdome , and the peace ( of which you speak ) shall be preserved in the administration of justice , and that is our present work . king . i give you this for my answer , you have not shown me any lawfull authority , which may satisfie any reasonable man . l. president . it is onely your apprehension , we are fully satisfied who are your judges . king . it is not my apprehension , nor yours which ought to determin this . l. president . the court hath heard you , and disposed of you accordingly as their discretions have thought expedient . the court adjourneth to the painted chamber , untill munday at ten of the clock in the morn-ning , and from thence hither . some thing that was ominous , ought not to be passed by in silence , when the charge was read against the king , the silver head of his staff did fall off , which he much did wonder at , and observing no man so officious to assist him , he stooping towards the ground did take it up himself . as the king returned , looking on the court , he said , i fear not thee , meaning the sword . as he came down the stayres , the people who were in the hall , cryed out some of them , god save the king ; but the greater part justice , justice . the second dayes proceeding against the king , january . &c. the cryer having thrice pronounced his oyes , and silence cōmanded , after that the judges were called , and every one did particularly answer to his name . silence was again commanded , under pain of imprisonment , and the captain of the guards was ordered to apprehend any that should endeavour to make a tumult . at the comming of the king into the court , there was a great shout , and the court commanded the captain of the guards to apprehend and imprison those , who should make either a noise or tumult . the court being sat , the sollicitor turning to the president said , may it please your lordship my lord president . in the former court , on saturday , in the name of the commons of england , i exhibited and offered to this tribunal the charge of high treasons , and other grievous crimes against the prisoner , with which i did charge him , in the name of the people of england , and his charge was read , and his answer demanded . my lord , it pleased him at that time to return no answer at all , but instead of answering , he questioned the authority of the high court : my most humble motion to this high court in the name of the people of the kingdome of england , is that the prisoner may be compelled to give a positive answer , either by way of confession or negation , which if he shall refuse , that the subject of his charge may be taken for granted , and the court proceed according to justice . l. president . sir , you may remember , that on the last convention of this court , the cause was expounded to you , for which you were brought hither , and you heard the charge against you read , it being a charge of high treason , and other grievous crimes against the kingdom of england : you heard likewise , that it was required in the name of the people , that you should answer to your charge , that there should be a proceeding thereon , as should be agreeable unto justice : you were then pleased to move some scruples concerning the authority of this court , and you desired to be satisfied in your knowledge , by what authority you were brought hither : you severall times did propound your questions , and it was often answered to you , that it was by authority of the commons of england assembled in parliament , who did judge it requisite to call you to an account , for the great and grievous crimes of which you are accused . after that the court did take into their serious consideration , those things which you objected , and they are fully satisfied in their authoritie ; and do conceive it requisite , that you should admit it ; they therefore require that you give a positive and a particular answer to the charge exhibited against you : they do expect that you should either confesse it or deny it . if you shall deny it , it will be proved in the behalf of the kingdome , the whole world doth approve of their authority . so that the kingdome is satisfied , and you ought thereby to be satisfied your self ; you ought not therefore to waste time , but to give your positive answer . king . it is true , that when i was last here , i moved that question ; and indeed , if it were onely my businesse in particular , i should have satisfied my self with that protestation , which i then interposed against the lawfulnesse of this court ; and that a king cannot be judged by any superiour jurisdiction on earth , but my own interests are not onely involved in it , but the liberties also of the people of england ; and pretend what you will , i doe indeavour more for their liberties , then any whatsoever . for if power without laws , can make laws and change the fundamentall laws of the kingdome , i know not what subject in england can be secure of his life , or of any thing which he doth call his own : wherefore when i came hither , i expected particular reasons , that i might understand by what law , and what authority you would proceed against me . i should then perceive what most especially i have to say unto you , for the affirmative is to be proved , which seldome the negative is capable of ; but because i cannot perswade you thus , i will give you my reasons as briefly as i can . the reasons for which in conscience and duty which i ow , first unto god , and afterwards to my people , for the preservation of their lives , their liberties , and their fortunes : i believe i cannot answer until i am satisfied of your legality of it . all proceedings against any man whatsoever — president . sir , i must interrupt you , which i would not do , but that which you do , agreeth not with the proceedings of any tribunal of justice , you enter into a controversie , and dispute against the authority of this court , before which you appear a prisoner , and are accused as a great delinquent . if you will take upon you to controvert the authority of this court , we cannot give way unto it ; neither will any tribunal of justice admit it ; you ought to submit unto the court , and to give an exact and direct answer , whether you will answer to your charge or not ? and what is the answer that you make . king . sir i know not the formalities of the law , i know the law & reason ; & although i am no professed lawyer , i know the law as well as any gentleman in england , and i am more eager for the liberties of the people of england then you are ? and if i should believe any man , without he gives me reasons for what he saith , it would be absurd ; but i say unto you , that the reason which you give is no wayes satisfactory . l. president . sir i must interrupt you , for it cannot be permitted to you in this manner to proceed : you speak of law and reason , it is fit that there should be both law and reason , and they are both against you . sir the vote of the commons of england assembled in parliament , is the reason of the kingdome , and they ordained this law according to which you ought to reign . sir , it is not lawfull for you to dispute against our authority . this again hath been told you by the court . sir , notice will be taken that you contemn the court , and this contempt of yours will be recorded . king . i know not how a king can be interpreted to be a delinquent , but by any law that i ever heard , all men , whether delinquent or what you will , may lawfully make objections against their processe ; this is that which i require , and i again desire that my reasons may be heard . if you deny this , you deny reason . l. president . sir , you have objected something to the court ; i will declare unto you their opinion . sir , it is not lawfull for you or any man else to dispute against this subject ; it is decreed , you ought not to dispute against the jurisdiction of this tribunal ; if you shall yet do it , i must intimate unto you , that they are above objections . they sit here by authority of the commons of england ; and all your predecessors and you your self are bound to be accountable to them . king . i deny that , shew me one example ? l. president . sir , you ought not to interrupt , but attend whilest the court speaks unto you . this subject is not to be disputed by you , neither will the court permit that you should object against the jurisdiction of it , they have considered of their jurisdiction , and do approve it . king . sir , i say , that the commons of england were never a court of judicature ; and i would fain know , how they came to be made so now ? president . sir , it is not permitted to you to proceed in those discourses . then the secretary of the court did read , as followeth . charls stuart , king of england , you have been accused in the name of the people of england of high treason , and other grievous crimes . the court hath determined that you shall answer to your charge . king . i will answer , as soon as ever i shall understand , by what authority you do these things ? president . if this be all that you will speak : gentlemen , you who brought the prisonner hither , take him back again . king . i demand , that i may be permitted to exhibite my reasons , why i answer not unto the charge , and give me time to perform this . president . sir , it is not for prisonners to demand . king . prisonners , sir ! i am no ordinary prisonner . president . the court hath considered of their own jurisdiction , and they have also confirmed their jurisdiction : if you will not answer , we will give order that your default be recorded . king . you have not yet heard my reasons . president . your reasons are not to be heard against the supream jurisdiction . king . shew me that jurisdiction in the world , where reason is not to be heard . president . sir , we shew it you here , the commons of england ; & the next time you are brought hither , you shall understand further of the pleasure of the court , and peradventure their finall sentence . king . shew me , where the house of commons was ever a court of judicature in that kind . president . serjeant , take away the prisonner . king . sir , remember that the king is not suffered to declare his reasons , for the libertie and immunities of his subjects . president . sir , that freedome of speech is not permitted to you , how great a friend you have been to the laws , and the liberties of the people ; let england and all the world judge ? king . sir , by your leave , i have alwayes loved the liberty , the immunities , and laws of the subjects ; if i have defended my self by arms , i have not taken them up against the people , but for them . president . you must obey the decree of the court , you give no answer to the charge against you . king . well sir ! and so was he brought to the house of sir robert cotton ; and the court was adjourned to the painted chamber , untill wednesday following at twelve of the clock , at what houre they intended to adjourn again to westminster-hall , where all whom it doth concern are commanded to be present . the third dayes proceedings against the late king at the high court of justice tuesday jan. . . the cryer according to the custome , having with his oyes commanded silence and attention ; the king being sate , mr. atturney generall turning to the lord president spake in these words , may it please your lordship : this is now the third time that by the great grace and favour of this high court , the prisoner hath been brought to the bar , and yet by reason of his refusall to put in his answer , there is yet no issue joyned in the cause . my lord , i did at the first exhibit a charge against him , containing the highest practices of treason , that were ever wrought on the theater of england . that a king of england , trusted to keep the lawes of england , and who had taken an oath so to do , and had tribute paid him for that end , should be guilty of so wicked a design , as to subvert our laws , and introduce an arbitrary and tyrannicall government , and set up his standard of warre against his parliament and his people , and i did humbly pray in the behalf of the people of england , that he might speedily be required to make an answer to his charge . but my lord , instead of making an answer , he did then dispute the authority of this tribunal , and your lordship being pleased to give him a further day to put in his answer which was yesterday , i did move again that he might be required to put in a direct and positive answer , to his charge , either by denying or confessing it , but he was then pleased to debate the jurisdiction of the court , although he was commanded to give a positive answer . my lord , by reason of this great delay of justice , i shall humbly move for speedy judgement against him . i may presse your lordship upon the known rules of the laws of the land , that if a prisoner shall stand in contempt & not plead guilty or not guilty to the charge given against him , it by an implicite confession ought to be taken pro confesso , as i may instance in divers who have deserved more favor than the prisoner at the bar hath done . but i shall presse upon the whole fact . the house of commons , the supream authority of the kingdome have declared , ( my lord ) that it is notorious . the matter of the charge is true , and clear as chrystall , or as the sun that shineth at noon day , in which my lord president , if your lordship and the court be not satisfied , i have severall witnesses on the behalf of the people of england to produce , and therefore i do humbly pray , and not so much i , as the innocent blood that hath been shed , the cry whereof is great for justice and judgement , that speedy judgement may be pronounced against the prisoner at the bar. president , sir , you have heard what hath been moved by mr. sollicitor on the behalf of the kingdome against you . sir , you may well remember , and if you do not , the court cannot forget the delayes which you have made . you have been pleased to propound some questions , and amply you have had your resolution on them , you have been often told that the court did affirm their own jurisdiction ; and that it was not for you nor any other man to dispute the jurisdiction of the highest authority of england , from which there is no appeal , and touching which there must be no dispute ; yet you did deport your self in that manner , that you gave no obedience , nor did acknowledge any authority either in them , or the supream court of parliament , that constituted this high court of justice . sir , the court gives you to understand that they are very sensible of these demurres , and that being thus authorised by the high court of england , they ought not to be trifled withall , especially , seeing if they please , they may take advantage of these delayes , and according to the rules of justice , proceed and pronounce judgement against you . neverthelesse they are so favourable as to give directions to me , and therefore on their behalf i do require you to make a positive answer to this charge , that hath been read against you . justice knows no respect of persons . you are to give your positive and final answer in plain english , whether guilty or not guilty , of the treason laid to your charge . the king having meditated a little , did answer in these words . when i was here yesterday , i desired to speak for the liberties of the people of england : i desire yet to know , whether without interruption , i may speak freely , or not ? president , sir , on the like question , you had yesterday the resolution of this court ; you were told that having a charge of so high a nature against you , your work was to acknowledge the jurisdiction of the court , & to answer the charge ; after you have done that you shall be heard at large to make the defence you can for your self ; but sir the court commands me to make known unto you , that you are not permitted to run into any other discourses , untill such time that you have returned a positive answer to the matter that is charged upon you . king , i value not the charge a rush : it is the liberty of the people of england that i stand for . for me who am your king , and should be an example to all the courts in england , to uphold justice , and maintain the old laws ; for me i say , to acknowledge a new court , that i never heard of before , is a thing that i know not how to do . you did speak very well on the first day i came hither , concerning the obligations that i have laid upon me by god , for the maintenance of the liberties of my people . i do acknowledge that i do ow the same obligations to god and my people , to defend as much as in me lies , the ancient laws of the kingdom : therefore untill i be satisfied that this is not against the fundamentall laws of the kingdome , i can put in no particulars to the charge . if you will give me time , i will shew you my reasons wherefore i cannot do it , and here being interrupted , he said . by your favour you ought not to interrupt me . how i came here i do not know . there is no law to make your king your prisoner . i was in a treaty upon the publick faith of the kingdome , that was the known — two houses of parliament , that was the representative of the kingdome , and when i had almost made an end of the treaty ; i was hurried away , and brought hither ; and therefore i would — president . sir , you must know the pleasure of the court . king . by you favour sir , — president . nay sir , by your favour , you may not be permitted to run into these discourses , you appear here as a delinquent , you have not acknowledged the authority of the court , the court once more do●h command you to give your positive answer ? m. broughton , do your duty . king . duty sir . m. broughton reads , charls stuart , king of england , you are accused in the behalf of the commons of england of divers high crimes and treasons , which charge hath been read unto you . the court now requires you to give your positive and finall answer , either by way of confession , or by deniall of the charge . king . sir , i say again unto you , if therby i may give satisfaction to the people of england of the uprightness of my proceedings , not by way of answer , but to satisfie them that i have done nothing against that trust , that hath been committed to me , i would do it ; but to acknowledge a new court , against their priviledges , to alter the fundamentall laws of the kingdome ; you must excuse me , if i shall refuse to do it . president . sir , this is the third time , that you have publiquely disowned this court , and put an affront upon it . how far you have preserved the priviledges of the people , your actions have spoke : and truly sir , if mens intentions can be known by their actions , you have written your intentions in bloody characters throughout the whole kingdome : but sir , you are to understand the pleasure of the court — clerk , record the default — . and gentlemen , you that are a guard to the prisoner , take him back again . king . i will onely adde this one word , if it were onely my own particular , i would not say any more , nor interrupt you at all . president . sir , you have heard the pleasure of the court , and notwithstanding you will not understand it : you are to finde that you are before a court of justice . the king going forth proclamation was made , that all persons who then appeared ; and had further to do with the court , might depart into the painted chamber , to which place , the court adjourned , being resolved to meet again in westminster-hall , by ten of the clock , the next morning . wednesday january . the court being this day imployed upon examinations of witnesses , and other things , in order to their next proceedings , did appoint one of their vshers to give notice to the people there assembled to appear on further summons . the last proceedings against the king wherein they pronounced sentence upon him , on saturday , jan. . . silence being commanded by the cryer , the court was called , and serjeant bradshaw the lord president , was that day in a scarlet gown . there were present that day , sixty and eight members of the court . the king , turning to the lord president , said ; i shall desire to be heard some few words , and i hope i shall give no occasion of interruption . president . you may answer in due time , hear the court first . king . if it please you sir , i desire to be heard ; and i shall not give any occasion of interruption , and it is onely in a word . a sudden judgment — president . sir , you shall be heard ( as i have told you ) in due time , but you must hear the court first . king . what i am to speak will be in order , as i conceive , to what i believe the court will say , and therefore sir , i desire to be heard , a hasty judgement is not so soon recalled . president . sir , you shall be heard before judgment be given , and in the mean time , you ought to forbear . king . well sir , i shall be heard before the judgment be given . president . gentlemen , it is well known to all , or the greatest part of you here present , that the prisonner at the bar hath been severall times convented , and brought before this court , to make answer to a charge of treason , and other high crimes , exhibited against him , in the name of the people of england , to which charge being oftentimes commanded to answer ; he hath been so far from submitting to the court , as he hath undertook to object again , and dispute the authority of this court , and of the high court of parliament , who constituted this court to try and judge him ; but being over-ruled in that , & commanded to make answer ; he was still pleased to persevere in his contumacy , and refused to submit to answer ; whereupon the court that they may not be wanting to themselves , and to the trust reposed in them ; nor that any mans wilfulnesse shall prevent the course of justice ; have considered of the contempt , and of that consequence which in law doth arise on that contempt . they have likewise considered of the notoriousnesse of the fact charged upon the prisoner , and upon the whole matter are resolved , and have agreed upon a sentence to be now pronounced against him , but in regard he hath desired to be heard before sentence be read and pronounced , the court is resolved to hear him : yet sir , thus much i must tell you before hand , of which also you have been minded at the other courts , that if what you are to propose shall tend to dispute the jurisdiction of the court , you are not to be heard therein : you have offered it formerly , and you have indeed struck at the root , which is the power and supream authority of the commons of england , of which this court will admit no debate ; and indeed it would be an unreasonable thing in them so to do , being a court which doth act upon that authority , which they have received from them ; they will not presume to judge upon their superiours , from whom there is no appeal . but sir , if you have any thing to say in defence of your self , concerning the matter with which you are charged ; the court hath given me command to let you know , they will hear you . king . since i perceive , you will not heare any thing of debate concerning that which i confesse , i thought most materiall for the peace of the kingdome , and the liberty of the subject ; i shall wave it , and speak nothing of it , onely i must tell you , that these many dayes all things have been taken from me , but that which i call more deer unto me , than my life , which is my conscience and my honour ; and if i had respect to my life more than to the peace of the kingdome & the liberty of the subject ; i should certainly have made a particular defence for my self , for by that at least i might have deferred an ugly sentence , which i expect to passe upon me . therefore undoubtedly ; sir , as a man that hath some understanding , some knowledge of the world if that my true zeal to my country , had not over born the care of my own preservation , i should have gone another way to work then now i have done . now , sir , i conceive that a hasty sentence once passed may sooner be repented then revoked ; and truly the same fervent desire i have for the peace of the kingdome , and the liberty of the subject , more then my own particulars , doth make me now at last move that , having somthing to say concerning both , i may be heard before my sentence be pronounced , before the lords and commons in the painted chamber . this delay cannot be prejudiciall to you whatsoever i shall utter . if i speak not reason those that hear me , must be my judges ; but if it be reason , and really for the welfare of the kingdome , and the liberty of the subject ; i am sure of it , it will be well worth the hearing . therefore i conjure you , as you love that which you pretend ( i hope it is reall ) the liberty of the subject & the peace of the kingdom , that you will grant me the hearing before sentence be past . i only desire this , that you will take this into your consideration . it may be you have not heard of it before hand . if you think well of it , i will retire , and you may think of it ; but if i cannot get this liberty ; i do here protest , that so fair shews of liberty and peace are but pure shews and no otherwise , if in this you will not hear your king ? president . sir , you have now spoken ? king . yes , sir . president . and this which you have spoken , is but a further declining of the jurisdiction of this court , which is the thing wherein you were limited before . king . pray excuse me sir , for my interruption , because you do mistake me . it is not a declining of it , you do judge me before you hear me speak ; i say , i will not , i do not decline it ; although i cannot acknowledge the jurisdiction of it . in this , give me leave , to say that though i would not , though i did not acknowledge it in this ; yet i protest , this is not to decline it , since i say , if that which i shall propound be not for the peace of the kingdome and the liberty of the subject , then the shame is mine . now i desire that you will take this into your consideration ; if you will , i will withdraw . president . sir , this is not altogether new , that you have offered unto us , i say , it is not altogether new unto us , although it be the first time , that in person you have offered it to the court . sir , you say , you do not decline the jurisdiction of the court . king . not in this that i have said . president . i understand you well enough sir , neverthelesse , that which you have propounded seems to be contrary to what you have said , for the court are ready to proceed to sentence : it is not ( as you say ) that they will not hear their king : for they have been ready to hear you , they have patiently waited your pleasure for three court dayes together to hear what you would answer to the peoples charge against you ; to which you have not vouchsafed to give any answer at all . sir : this doth tend to a further delay , and truly sir , such delays as these , neither may the kingdom nor justice admit : you have had the advantage of three several dayes to have offered in this kinde , what you were pleased to have propounded to the lords and commons . this court is founded upon the authority of the commons of england , in whom resteth the suprem jurisdiction : that which you now tender to the court , is to be tryed by another jurisdiction , a co-ordinate jurisdiction , i know very well , how you have expressed your self , and that not withstanding , what you would propound to the lords and commons , yet nevertheless , you would proceed on here ; i did hear you say so : but sir , that which you would offer there , whatsoever it be , must needs be in delay of justice here ; so as if this court be resolved and prepared for the sentence , they are bound in justice not to grant that which you so much desire ; but sir , according to your desire , and because you shall know the full pleasure of the court upon that , whilest you have moved , the court shall withdraw for a time . king . shall i withdraw ? president . sir , you shall know the pleasure of the court presently . the court withdraws for half an hour into the court of wards . serjeant at arms , the court gives command that the prisoner withdraw , and that about half an hour hence the prisonner be returned again . the time being expired , the court returned , and the lord president commanded the serjeant at arms to send for his prisonner . the king being come attended with his guard , the lord president said unto him , sir , you were pleased to make a motion here to the court , concerning the desire you had to propound something to the lords and commons in the painted chamber , for the peace of the kingdome . sir , you did in effect receive an answer before the court adjourned . truly sir , their adjournment and withdrawing was pro formâ tantum , for it did not seem to them , that there was any difficulty in the thing ; they have considered of what you moved , and have considered of their own authority , which is grounded as it hath been often said , upon the supream authority of the commons of england , assembled in parliament . the court doth act according to their commission . sir , i have received an expresse order from the court , to acquaint you , that they have been too much delaied by you already , and that this which you have now offered , hath occasioned some little further delay ; they are judges appointed by the highest judges , and judges are no more to delay than they are to deny justice ; they are good words in the old charter of england , nulli negabimus , nulli vendemus , nulli deferremus justitium ; there must be no delay , but sir , the truth is , and so every man here observes it . that you have much delayed them by your contempt and default ; for which they might long since have proceeded to judgment against you ; therefore notwithstanding , what you have offered , they are resolved to proceed to punishment & to judgment ; and this is their unanimous resolution . king . sir , i see it is in vain for me to dispute , i am no sceptick to doubt , or to deny the power that you have : i do know that you have power enough . sir , i confesse , i do believe it would have been advantagious to the peace of the kingdome , if you would have been pleased to take the pains to show the lawfulnesse of your power . as for this delay , which i have desired , i do confesse , it is a delay , but it is a delay that is important for the peace of the kingdom : it is not my person , that i look on alone : it is the welfare of the kingdome , the peace of the kingdome . it is an old saying , that we should think on long , but perform great matters suddainly . therefore , sir , i do say again , i do put at your doores , all the inconveniencies of a hasty sentence . i have been here now a full week , this day eight daies , was the day in which i made in this place , my first appearance ; the short respite but of a day or two longer , may give peace unto the nation ; whereas an hasty judgement may bring such a perpetual trouble & inconvenience upon it , that is , the childe unborn may repent it . and therefore once more , out of the duty i ow to god , and to my country , i do desire that i may be heard by the lords and commons in the painted chamber , or any other place that you will appoint me . president . sir , you have been already answered to what you have moved , it being the same motion which you made before , for which you have had the resolution and the judgment of the court in it ; and the court would now be satisfied from you , whether you have any more to say for your self than you have yet said , before they proceed to sentence ? king . i say this sir , that if you will but hear me , and give me this delay , i doubt not , but i shall give some satisfaction to all that are present , and to my people that are absent ; and therefore i require you , as you will answer it at the dreadfull day of judgement , that you will , once again take it into your consideration . president . sir , i have received instructions from the court . king . well sir , president . if this must be reinforced , or any thing of this nature , your answer must be the same , as it was before , and they will proceed to sentence if you have no more to say ? king . sir , i have nothing more to say , onely i desire that this may be entered what i have said . president . the court sir , then hath something else to say to you , which although i know will be very unwelcome ; yet notwithstanding , they are resolved to discharge their duty . sir , you have spoken very well of a pretious thing , that you call a peace ; and it were much to be wished that god had put it into your hart , that you had as effectually endeavoured , and studied the peace of the kingdom , as in words you seem to pretend ; but as the other day , it was represented to you , that actions must expound intentions : your actions have been clean contrary , and truly sir , it doth appear very plainly to the court , that you have gone upon very erronious principles . the kingdome hath felt it to their smart , and it will be no comfort to you , to think of it ; for sir , you have been heard to let fall such language , as if you had not been subject to the law , or that the law had not been your superiour . the court is very sensible of it : i hope , so are all the understanding people of england . that the law is your superiour : you ought to have ruled according to the law , you ought to have done so , and your pretence hath been , that you have done so : but sir , the question is , who shall be the expositors of the law , whether you and your party out of the courts of justice shall take upon you to expound the law ? or whither the courts of justice shall be the expounders themselves ? nay this soveraign and high court of justice , the parliament of england , who may be well be obliged to be the highest expounders of the law , since they are the sole makers of it . sir , for you to set your self with your single judgment , or for those who adhear unto you , to set themselves against the highest court of justice , there is no law for it ? sir , as the law is your superior , so truly , there is something that is superiour to the law , which is the parent or author of the law , and that is the people of england : for as they are those who at first ( as other countries have done ) did chose unto themselves this form of government , that justice might be administred and the peace preserved : so they gave laws unto their governours , according to which they were to govern ; and if those laws should have proved inconvenient or prejudiciall to the publick , they had a power in them reserved to themselves to alter , as they should finde cause . it is very true , what some of your side have alledged ; rex non habet parem in regno . this court will affirm the same in some sense , that whilest king , you have not your peer ; for you are major singulis , but they will aver again , that you are minor universis ; and the same author tells you that in exhibitione juris , you have no power , but they are quasi minimus . this we know to be law , rex habet superiorem deum & legem , etiam & curiam , and so sayes the same author ; and he makes bold to proceed further ; debent ei fraenum ponere , they ought to bridle him . we know very well the stories of old : we cannot be ignorant of those wars that were called the barons wars , when the nobility of the land did stand out for the liberty and the propriety of the subject , and would not suffer the kings that did invade their liberties to play the tyrants , but did call them to an account for it , and did fraenum ponere . but sir , if the nobility of the land , do forbear to do their duty now , and are not so mindfull of their own honour and the kingdoms good , as the barons of england of old have been ; certainly , the commons of england will not be unmindfull of what is requisite for their preservation and their safety . justitiae fruendi causa reges constituti sunt . by this we learn that the end of having kings or governours , is for their enjoying of justice , that is the end . now sir , if the king will go contrary to that end , or if any governour will go contrary to the end of his government , he must understand , that he is but an officer in trust , and that he ought to discharge that trust , and order is to be taken for the animadversion and punishment of such an offending governour . sir , this is not a law of yesterday ( since the time of the division betwixt you and the parliament ) but it is a law of old ; and we know very well both the authors and the authorities that acquaint us what the law was in that point on the election of kings , when they took their oath to be true unto the people ; and if they did not observe it , there were those remedies instituted which are called parliaments . the parliaments were they that were to adjudge ( the very words of the authors , the plainenesse and wrongs done by the king and queen , or by their children ; such wrongs especially when the people could have no where else a remedy . sir , this is the case of the people of england , they could not have their remedy else where but in parliament . sir , parliaments were instituted for that intent , it was their main end , that the grievances of the people might be redressed , and truly , if the kings of england had been rightly mindfull of themselves , they were never more in majesty or state , than in the time of the parliament : but how forgetfull some have been , histories have informed us ; and we our selves have a miserable , a lamentable , and a sad experience of it . sir , by the old laws of england ( i speak these things the rather to you , because you were pleased to affirm the other day , that you thought you had as much knowledge in the law as most gentlemen of england . it is very well , sir ; and truly sir , it is very fit for the gentlemen of england to understand the laws , under which they must live , and by which they must be governed ; and then sir , the scripture saies , they that know their masters will and do it not ; you know what follows , the law is your master , the acts of parliament ) the parliaments were antiently to be kept twice in the year , as we finde in our old author , that the subject upon any occasion might have a remedy and a redresse for his grievance . afterwards by several acts of parliament in the dayes of your predecessor edward the third ; they were to be but once a year . what the intermission of parliaments in your times hath produced , is very well known , and the sad consequences of it ; as also what in the interim instead of parliaments , there hath been by you , by a high and arbitrary hand introduced upon the people . but when god by his providence had so farre brought it about , that you could no longer decline the calling of a parliament , a parliament was called , where it may appear what your ends were against your antient and native kingdom of scotland , but this parliament of england not serving your turn against them , you were pleased to dissolve it . not long after , another great necessity occasioned the calling of this parliament , and what your designs and indeavours all along have been for the crushing and confounding of it , hath been most notorious to the whol kingdom . and truly sir , in that you did strike at all , it had been a sure way to have brought about that which this charge doth lay upon you ; your intention to subvert the fundamental laws of the land , for the great bulwarks of the peoples liberty , is the parliament of england , and to subvert and root up that , which your aim hath been to do , would certainly at one blow , have confounded the liberties and the properties of england . truly sir , it makes me to call to minde ( i cannot forbear to expresse it ) for sir , we must deale plainly with you according to the merits of your cause , for so is our commission , it makes me , i say , to call to mind what i have read of a great roman emperor , a great roman tyrant , i may call him , caligula by name , who wished that the people of rome had but one neck , that at one blow he might cut it off : your proceedings have been something like to this , the people of england have been and are no where else to be represented but in parliament ; and could you have but confounded that , you had at one blow cut off the neck of england : but god hath reserved better things for us , and hath been pleased to break your forces and to overthrow your designes , and to bring your person into custody , that you might be answerable unto justice . sir , we know very well , that it is a question which hath been much pressed by your side , by what presidents we shall proceed . truly sir , for presidents , i shall not at this present make any long discourse on that subject ; howsoever , i shall acquaint them that it is no new thing to cite presidents all most out of all nations , where the people ( when power hath been in their hands ) have not sticked to call their kings to an account , and where a change of government hath ensued upon the occasion of the tyranny and misgovernment of those that have been placed over the people . i will not waste time , to mention france or spain , or the empire of germany , or any other country ; volumnes may be written of it : but truly sir , that president of the kingdom of arragon hath by some of us been thought upon . the justice of arragon , is as a man tanquam in medio positus , it is placed between the people of that country and the king of spain ; so that if wrong be done by the king of arragon , the justice of arragon hath power to reform that wrong and he is acknowledged , the kings superiour ; and bring the grand prisoner of the priviledges , and liberties of the people ; he hath prosecuted against the kings for their misgovernment . sir , what the tribunes were heretofore to rome , and what the ephori were to the state of lacedemon , we sufficiently know , they were as the parliament of england to the english state : and though rome seemed to have lost her liberty when once the emperours were constituted ; yet you shall finde some exemplar acts of justice even done by the senate of rome , on the great tyrant of his time nero , who was by them condemned and adjudged unto death . but why sir , should i make mention of these forreign histories and examples unto you . if we shall look but over the tweede , we shall finde examples enough in your native kingdome of scotland . if we look on your first king forgusius , he was an elective king , he died and left two sons , both in their minority : the elder brother afterwards giving small hopes to the people , that he would govern them well ; so because he endeavoured to have supplant his uncle , who was chosen by the people , to govern them in his minority ; he was rejected by the people for it , and the younger brother was chosen , &c. sir , i will not take upon me to expresse what your histories do at large declare ; you know very well that you are the hundred and nineth king of scotland ; to mention all the kings , which the people of that kingdome , according to their power and priviledge , have made bold to deale withall , either to banish , imprison , or put to death , would be too long a story for this time and place . reges ( say your own authors ) we created kings , at first , leges , &c. we imposed laws upon them , and as they were chosen by the suffrages of the people at the first , so upon the same occasion , by the same suffrages they may be taken down again ; and of this , i may be bold to say , that no kingdome in the world hath yielded a more plentifull experience , than your native kingdome of scotland , on the deposition and the punishment of their transgressing kings . i need not go far for an example , your grandmother was set aside , and your father an infant crown'd . this state hath done the like in england . the parliament and people of england , have made bold to call their king to an account therein , frequent examples of it in the saxons time , the time before the conquest , and since the conquest , there have not wanted some presidents : king edward the second , king richard the second , were so dealt with by the parliament , and were both deposed , and deprived , and truly sir , whosoever shall look into their stories , shall not find the articles that are charged upon them to come near to the height , and the capitalnesse of the crimes that are laid to your charge , nothing near . sir , you were pleased the other day to alledge your descent , and i did not contradict it , but take all together , if you go higher than the conquest , you shall find that for almost a thousand years these things have been , and if you come down since the conquest , you are the four and twentieth king from william called the conquerour , and you shall find one half of them to come meerely from the state , and not meerely upon the point of descent . this were easie to be instanced . the time must not be lost that way . i shall onely represent what a grave and learned judge said in his time , who was well known unto you , the words are since printed for posterity : that although there were such a thing as a descent many times , yet the kings of england ever held the greatest assurance of their titles , when it was declared by parliament . and sir , your oath , and the manner of your coronation , doth planly shew , that the kings of england , although its true by the law , the next person in bloud is designed , yet if there were a just cause to refuse him , the people of england might do it . for there is a contract and a bargain made betwixt the king and his people , and your oath is taken , and certainly sir , the bond is reciprocall , for as you are liege lord , so are they liege subjects , and we know very well that legantis est duplex , the one is a bond of perfection , that is due from the soveraign , the other is a bond of subjection which is due from the subject , for if this bond be once broken , farewell soveraignty , subjectio trahit , &c. these things may not be denyed , for i speak it the rather ( and i pray god it may work upon your heart ) that you may be sensible of your miscarriages , for whether you have been as you ought to be , a protector of england , or a destroyer of england , let all england judge , or all the world that hath beheld it ; and though sir , you have it by inheritance , in the way that is spoken of , yet it cannot be denyed , but your office is an office of trust , and indeed an office of the highest trust that can be lodged in any single person . for as you were the grand administrator of justice , and others were but as your delegates , to see it executed through your dominions . if your great office were to do justice , & preserve your people from wrong , if instead of executing justice , you will be the grand and publick disturber of the peace , surely this is contrary to your office and your trust . now sir , if it be an office of inheritance ( as you speak of your title by descent ) let all men understand , that great offices are seizable , and forfeitable , as if you had it but for a year , or for your life . it will therefore much concern you to take into your serious consideration , your great miscarriages in this nature . truly sir , i shall not in this place undertake to give you the particulars of the many miscarriages of your reign , whatsoever they have been , they are notoriously known . it had been happy for the kingdome , and for your self also , if they had not been so much known , and so much felt , as they are every where complained on , and reported . sir , that we are now upon by the command of the highest court , hath been and is to bring you to your triall , and to judge you for these great offences of yours : sir , the charge hath called you tyrant , a traytor , a murtherer , and a publick enemy to the common wealth ; sir , it had been well , if these terms might rightly and justly have been omitted ; nay , if any one of them all . king , ha! president , truly , we have been told , rex est , qui bene regit , tyrannus qui populum opprimit , and if that be the definition of a tyrant , then see if you come short of it in your actions , and whether not the highest tyrant by that way of arbitrary government , which you sought to introduce , and were putting upon the people . examine with your self , if that were not as high an act of tyranny , as any of your predecessours were guilty of , yea many degrees beyond it . sir , the term traytor cannot be spared , we shall easily conclude that it doth enforce and denote a breach of trust , and it must be supposed to be done by a superior , and therefore as the people of england , might have encurred that term , if they had been truly guilty of it , as to the definition of the law ; so on the other side when you did break your trust to the kingdome , you did break your trust to your superior ; for the kingdome is that for which you were trusted ; and therefore when you are called to an account for this breach of trust , you are called to account by your superior . minimus majorem in judicium vocat : and sir the people of england cannot be so wanting to themselves , ( whom god hath dealt so miraculously and gloriously for ) they having both power and their great enemy in their hand , but they must proceed to justice to themselves and to you ; for sir , the court could heartily desire that you would lay your hand upon your heart , and consider , what you have done amisse , and that you would endeavour to make your peace with god . truly sir , these are too high crimes , tyranny and treason . there is a third , if those two had not been , and that is murther , which is laid to your charge also . all the bloody murders that have been committed since the division betwixt you and your people , must be laid to your charge . sir , it is a hainous and a crying sinne , and truly sir , if any man will ask us what punishment is due unto a murtherer , let gods law , let mans speak . i will presume you are so well read in the holy scripture as that you know what god himself hath said concerning the shedding of mans blood , gen. . and numb. . will tell you what the punishment is , and this court in the behalf of the kingdom are sensible of that innocent blood , that hath been shed , & the land indeed stands still defiled with that bloud and as the text hath it ; it can no way be cleansed , but by the shedding of the blood of him who shed that blood . sir , we know no dispensation from this blood in the commandement , thou shalt do no murther , we do not know but that it extends to kings as well as to the meanest peasants , the meanest of the people , the command is universall . sir , gods law forbids it , mans law forbids it ; nor do we know that there is any manner of execution , not even in mans laws , for the punishment of murther in you . t is true , that in the case of kings , every private hand , is not to put forth its self to this work , for their reformatian or punishment ; but the people represented having power in their hands ( were there but one willfull act of murder by you committed ) have power to convent you , and to punish you for it . the weight sir , then lying upon you in all these respects , that have been spoken , for your tyranny , treason , breach of trust , and the murders that have been committed , surely it should drive you into a sad consideration concerning your eternall estate . i know it cannot be acceptable to you , to hear any such things as these mentioned from this court , for so do we call our selves , and justifie our selves to be a court , and a high court of justice , authorized by the highest and solemnest court of the kingdome , as hath been often already said . and although you have indeavored , what lay in you to discourt us ; yet we do take knowledge of our selves to be such a court , as can administer justice to you , as we are bound in duty to it . sir , all i shall say , before the reading of the sentence , is but this . the court doth heartily desire , that you will seriously consider of those evils , that you stand guilty of . you said well the other day , you wished us to have god before our eyes . truly sir , i hope all of us have so , that god whom we acknowledge to be king of kings and lord of lords , that god with whom there is no respect of persons ; that god who is the avenger of innocent blood ; that god have we before our eys , that god who bestows a curse upon them , who in the case of guilty malefactors that deserve death , do withhold their hands from shedding of blood : sir , that god we have before our eyes , and were it not that the conscience of our duty hath called us into this place and this imployment , you should have had no appearance of a court here . but sir , we must preferre our respect unto god and to the kingdome , above any respect whatsoever ; and although at this present , many of us , if not all of us are severely threatned by some of your party , what they intend to do ; yet we do here declare , that we shall not decline or forbear the doing of our duty in the administration of justice , even to your self ; and that according to the merit of your offence ; although god should permit those men to effect all their bloody designes in hand against us . sir , we will say , and we will declare it as those children in the fiery furnace , who refused to worship the golden image , that nebuchadonazar had set up . that their god was able to deliver them from the danger they were neer unto ; but if he did not deliver them , yet they would not fall down and worship the golden image . we shall make this application of it . that though we should not be delivered from those bloody hands and hearts , who conspire the overthrow of the kingdome in generall , and of our selves in particular , for being actors in this great work of justice ; though i say , we should perish in the work , yet by the grace & in the strength of god , we are resolved to go on with it . and those are the intire resolutions of us all . sir , i say , for your self , that we do heartily wish and desire that god would be pleased to give you a sense of your sins , that you may see wherin you have done amisse , and that you may cry unto him , that god would deliver you from blood guiltinesse . a good king , david by name , was once guilty of that particular guilt ; he was otherwise upright , saving in the matter of vriah . truly sir , the history doth represent unto us , that he was a repentant king , and and he had died for his sinne , but that god was pleased to be indulgent to him , and to grant him his pardon , thou shalt not die ( saith the prophet ) but the childe shall dye ; thou hast given cause to the enemies of god to blaspheme . king . i would onely desire to be heard , but one word , before you give sentence , and it is that ( to satisfie the world when i am dead ) you would but hear me concerning those great imputations which you have laid unto my charge . president . sir , you must now give me leave to proceed , for i am not far from your sentence , and your time is now past . king . i shall desire you , that you will take these few words into your consideration ; for whatsoever sentence you shall pronounce against me in respect of those heavy imputation , which i finde you have laid to my charge ; yet sir , it is most true that — president . sir , i must put you in mind , i must sir , although at this time especially , i would not willingly interrupt you in any thing you have to say , which is proper for us to admit ; but sir , you have not owned us as a court , and you look upon us , as a sort of people huddled together , and we know not what uncivill language we receive from your party . king . i know nothing of that . president . you disavow us as a court , and therefore for you to addresse yourself to us , whom you do not acknowledge to be a court for us ( i say ) to judge what you shall speak is not to be permitted ; and the truth is all along from the very first , you have been pleased to disavow and disown us ; the court needed not to have heard you one word ; for unlesse they be acknowledged a court and ingaged , it is not proper for you to speak . sir , we have given you too large an indulgence of time already , and admitted so much delay , that we may not admit of any more . if it were proper for us , we should heare you very freely , not decline to hear the most that you could speak to the greatest advantage for your self , whether it were totally , or but in part excusing those great & hainous charges which are laid upon you . but i shall trouble you no longer , your sins are of so large a dimention , that if you do but seriously think of them , they will drive you into a sad consideration ; and we wish that they may improve in you a sad and serious repentance . and it is the desire of the court , that you may be so penitent for what you have done a misse , that god may at least , have mercy on your better part . as for the other , it is our part and duties , to doe that which the law prescribeth , we are not now here jus dare , but jus dicere ; we cannot be unm●ndfull of what the word of god tels us . to acquit the guilty , is of an equal abomination , as to condemn the innocent ; we may not acquit the guilty , what sentence the law pronounceth to a traytor , a tyrant , a murtherer , and a publike enemy to the country , that sentence you are now to hear read unto you , and that is the sentence of the court . hereupon the lord president commanded the sentence to be read ; whereupon m. king , who was cryer of the court , having commanded silence by his oyes , the clerk read the sentence , which was drawn up in parchment , and did run in these words . whereas the commons of england in parliament , had appointed them an high court of justice for the tryall of charls stuart king of england , before whom he had been three times convented , and at the first time , a charge of high treason and other crimes and misdemeanors was read in the behalf of the kingdome of england ; which charge followeth in these words : this charge being read ( said the clerk ) charls stuart was required to give his answer , which he refused to do , but expressed these passages , and many more such as these are , in refusing to answer . the clerk ( having repeated many passages , during the time of his triall , in which the king shewed an aversenesse to acknowledge the court ) did proceed to read the sentence , which was in these words . for all which treasons and crimes , this court doth adjudge , that the said charls stuart as a tyrant , traytor , murtherer , and a publick enemy , shall be put to death , by severing his head from his body . this sentence being read , the lord president said ; this sentence now read and published , is the act , sentence , judgement , and resolution of the whole court . hereupon , the court stood up , as assenting to what the president said . king . will you hear me one word sir ? president . sir , you are not to be heard after the sentence . king . no sir . president . no sir , by your favour sir , — guard withdraw your prisonner ? king . i may speak after the sentence — by your favour sir , i may speak after sentence ever . the guard drawing to him , he said unto them ; by your favour hold : and turning to the president , he said ; the sentence sir , — i say sir , i do — but being not permitted to proceed , he said , i am not suffered to speak , expect what justice other people will have . cryer . all manner of persons that have any thing else to do , are to depart at this time , and to give their attendance in the painted chamber , to which place this court doth forthwith adjourn it self . then the court arose , and the kings guard did bring him to sir robert cottons house , and he was afterwards conducted to saint jameses . the names of those who were present at that high court of justice , when the sentence of death was pronounced against charls the first monarck of great brittain . serjeant bradshaw president . john lisle . william gray . ol. cromwell l. g. comissary gen. ireton . sir hardres waller . colonel harrison . colonel haley . colonel pride . col. ewer . lord gray of groby . sir john danvers . s. thomas malleneret . sir john bourchier . william heavningham alderman pennington henry martin . col. purefoy . col. berkstead . col. thomlinson . mr. blakston . mr. millington . sir gregory norton . col. harvey . col. ven. mr. scot . alderman andrews . mr. cawley . mr. burrel . col. stapeley . col. domnes . mr. norton . l.s. hammon . mr. love . mr. potter . mr. garland . sir william constable . col. ludlow . col. hutchinson . sir miles livesey . mr. dixwell . colonel fleetwood of bucks. mr. main . jacob temple . mr. blagrave . col. white . col. titchburn . col. rout. col. scroop . col. lilburn . col. dean . col. okey . col. hewsen . l. col. goff . cornelius holland . mr. carew . john joanes . miles corbet . mr. allen . peregrine pelham . col. moors . mr. eldicer . mr. smith . mr. edwards . mr. clement . col. wogan , &c. his majesties reasons . against the pretended jurisdiction of the high court of justice , which he had intended to have given there on monday jan. . . faithfully transcribed from the originall copy of the king . since i have already made my protestation , not onely against the illegality of this pretended court , but that no power on earth , can justly call me ( who am your king ) into question as a delinquent . i would no longer have opened my mouth on this argument , but have referred my self to those things which i then spoke , if this onely concerned my own particular ; but the duty which i ow to god , to preserve the true liberty of my people doth not permit me at this time , i should be silent ; for how can any free born subject of england call his life or any thing he doth possess his own , if power without law can daily make new , and abrogate the old and fundamental laws of this land , which i judge to be the present case ? wherefore when i was brought hither , i expected that you would have studied to satisfy me in these fundamentalls which do hinder me from putting in my answer to the pretended charge , but since i do observe , that nothing which i can alledge can perswade you to it ( although negatives are not so naturally proved , as affirmatives ) yet i have thought good to declare unto you the reasons for which i am confident , you are not in a capacity to judge me , nor the vilest man in england , for without showing my reasons , i will not ( as you ) be so unreasonably importunate , as to exact either belief or obedience from my subjects . here was i restrained , and not suffered to speak any more of reasons , there is no just processe against any man , which deriveth not its authority , either from the law of god , or from the municipall laws of the land . now i am most sure , that the processe at this day made against me , cannot be confirmed by the law of god ; for on the contrary the necessity of obedience is clearly confirmed , and streightly commanded in the old and new testament ; which if it be denyed , i am prepared presently to prove it ; and as for the question now in agitation , it is said there , where the word of a king is , there is power , and who can say unto him , what doest thou ? eccles. . v. . then as to the laws of the land , i am as confident that no learned lawyer will affirm , that any charge can be brought against the king , since they all go forth under his name , and it is one of their axioms , that the king can not do an injury . moreover the law on which you do ground your processe , is either old or new , if it be old , shew that law unto me , if it be new , tell me what authority established by the fundamentall laws of this land did give it birth and when ? but how the house of commons can erect a tribunall of justice , which was never one it self ( as all lawyers will confesse with me ) i leave it to god and to the world to judge ; and it will seem most strange to any who ever have heard of the laws of england , how they can pretend to make laws without either the king , or the house of peeres . neverthelesse it be admitted , but not granted , that a commission from the people of england , is able to confirm your pretended power , yet i see nothing that you can show for it for i am confident that you never asked that questiō of the th man in the kingdom ; & in this method you do a most apparent injury , even to the poorest ploughman , if you ask not his consent , neither can you pretend any colour to this your pretended commission , if you have not the concurring voyces of at least the greatest part of this nation , of every degree and quality , which you are so far from obtaining , that i am confident you never so much as sought it . you see then , that i do not onely speak for my own right , as i am your king , but also for the true liberty of all my subjects , which consisteth not in dividing the power of government , but in living under such laws , and such a government , as may grant them the best security of their lives , and the propriety of their goods . in this i ought not to be forgetfull , neither do i forget the priviledges of both houses of parliament , which these proceedings do not onely violate , but give an occasion of the greatest breaking of the publick faith ; and such ( i believe ) as the like was never heard of before , with which i will not at all , charge both houses , for the pretended crimes which they impose upon me , are far before the treaty at newport , in which when i assented to , and did conclude as much as possibly lay in my power , and did justly expect the assent of both houses , i was suddenly taken from thence and carried away as a prisoner , and against my will , i was hurried hither ; and since i came to this court , i cannot with all my indeavours , defend the ancient laws and liberties of this kingdome , together with my just priviledges , and as much as i can possibly discern the upper house , which is the house of lords , is totally excluded . and as for the house of commons , it is too much known , that the greater part of them are either imprisoned , or affrighted from sitting , so that if i had no other cause , this was sufficient enough to make me to protest against the authority of your pretended tribunall . besides all these things , the peace of the kingdome , is not the least part of my cares , and what hope can there be of establishing it , as long as power reigneth without the rule of the law , changing the whole frame of the government under which this kingdome hath flourished these many ages ; neither will i speak what is likely to follow , if these unlawfull proceedings shall yet continue against me ; for i believe the commons of england , will give you no thanks for this change , especially , when they shall call into their minds , how happily they heretofore have lived in the reigns of queen elisabeth , and of the king my father , and in my own reign before the beginning of these unhappy tumults ; and they will have a just cause to doubt , if they shall be so happy in any new government . in that time it will most evidently appear that i onely took up arms to defend the fundamentall laws of this kingdome against those who opposed my power , and totally would have subverted the ancient government . having so briefly declared my reasons to you , for which i could not submit to your pretended authority , without violation of the trust which god hath committed to me for the safety and liberty of my people . i expect from you either clearer reasons to convince my judgement , by demonstrating to me that i am in an error , ( and then surely , i shall be ready to give you an answer ) or else , that you suspend your present proceedings . this i had determined to have spoken in westminster hall on monday , the two and twentieth of january , but against reason i was prohibited to pronounce my reasons . in the year . english style . . vulgar style . the end . the speech of king charls upon the scaffold at the gate of white hall ; immediately before the execution . january . about ten in the morning , the king was brought from saint jameses court , he did walk on foot through the park , with a regiment of foot , one half before him , and the other behind him , their colours flying , and their drums beating , his private guard of partisan with some of his gentlemen did go immediately bare headed before him , and some part of them behind him ; but those who were next of all unto him behinde , were dr. juxon and colonel thomlinson , to the last of whom the care and charge of his person was committed , these two being barehead did talk with him all along the park , and as you go up the stairs into the gallery , and so into the cabanet chamber , where he used to lye , in which place , he continued at his devotion and refused to dine , because he that morning had taken the sacrament , onely about one hour before he came forth he drank a glasse of claret wine , and did eat a crust of bread about twelve of the clock at noon . from thence he was accompanied by doctor juxon , col. thomlinson , and other officers formerly appointed to be his guard , and with the private guard of partizans , with musquetiers on either side , through the banquetting house , at the farther end , on the outside whereof the scaffold was erected , near unto the gate of white hall . the scaffold was hung round with black , and the floore was covered with black , & the ax and the block laid on the middle of the scaffold . there were severall companies of foot , and troops of horse placed on the one side of the scaffold , and the other , and multitudes of people that thronged to see so rare a spectacle were very great . the king was no sooner come upon the scaffold , but he looked very earnestly on the block , and asked col. hacker , if there were no higher , and then spake thus , directing his speech chiefly to colonel thomlinson . i shall be very little heard by any of the people , i shall therefore speak a word or two to you who are here . indeed i could hold my peace very well , if i did not think that my silence would make some men think , that i did submit to the guilt , as well as to the punishment ; but i conceive it is my duty , first unto god , and afterwards to my countrey , to vindicate my self , as an honest man , a good king , and a good christian . i shall begin first with my innocency ; introth i think it not very needfull for me to insist long upon this , for all the world knows that i never did begin warre with the two houses of parliament , and i call god to witnesse , to whom i must shortly make my account , that i never did intend to incroach upon their priviledges : they began with me , it was the militia they began upon , they confessed that the militia was mine , but they thought it fit to have it from me , and to be short if any man will look to the dates of commissions , of their commissions ormine ; and likewise to the declarations , will finde clearly , that they began those unhappy troubles , not i ; so that as for the guilt of these enormous crimes , which are laid upon me , i hope in god , that god will clear me of them . i am in charity , i will not , and god forbid that i should lay it upon the two-houses of parliament , there is no necessity of either ; i hope they are free from the guilt , for i do believe that evill instruments between them and me have been the chief cause of all this bloodshed , so that by way of speaking , as i find my self clear of this , i hope , and i pray god , that they may too ; yet for all this , god forbid , that i should be so ill a christian , as not to say that gods judgements are just upon me . many times he does inflict justice by an unjust sentence ; this is ordinary ; i will onely say , that an unjust sentence , * that i suffered to take effect , is punished now by an unjust sentence upon my self . this is to shew you , ( as i have said ) how far i am an innocent man . now for to show you , that i am a good christian , i hope there is a good man * , who will bear witnesse with me , that i have forgiven all the world , and even those in particular , who have been the chief causers of my death ; who they are , god knows . i do not desire to know , i pray god forgive them : but this is not all , my charity must go further , i wish that they may repent ; for indeed , they have committed a great sin in that particular ; i pray god with saint stephen that this be not laid to their charge ; nay , not onely so , but that they may take the right way to the peace of the kingdome ; for my charity commands me , not onely to forgive particular men , but my charity commands me to indevour to the last gasp the peace of the kingdome . this sirs , i do wish with all my soul , and i do hope , ( there are some * who will carry it further ) that they may indeavour the peace of the kingdome . now sirs , i must show you both how you are out of the way , and i will put you into a way : first , you are out of the way ; for certainly , all the way in which as yet you have gone , as i could ever find out by any thing , is in the way of conquest ; certainly this is an ill way , for conquest sirs , in my opinion , is never just , except there be a good , just cause , either for matter of wrong , or to defend a just title , and if in the prosecution of the quarrell , you shall go beyond this , it will make that unjust at the end , which was just at the beginning . but if it be onely matter of conquest , therein it is a great robbery , as a pirate said to alexander , that he was a great robber , and that he himself was but a petty robber : and thus sirs , i do think , that the way you are in , is much out of the way ; now sirs , for to put you in the way , believe it , you will never do right , nor will god ever prosper you , untill you give god his due , and the king his due , that is , in their course of time , my successors , and untill you give the people their due ; i am as much for them as any of you are . you must give god his due , by regulating aright his church according to his scripture ; your church is now out of order , for to set you particularly in a way now , i cannot , but onely by a synod of the whole nation , who being freely called , and freely debating amongst themselves , may by gods blessing settle the church , when every opinion is freely and clearly discussed . for the king indeed , i will not much insist — then turning to a gentleman whose cloak he observed to touch the edge of the ax , he said unto him , hurt not the ax , meaning by blunting the the edge thereof , for that he said might hurt him . having made this short digression , he proceeded ; for the king , the laws of the land will clearly instruct you , what you have to do ; but because it concerns my own particular , i onely do give you but a touch of it . as for the people , truly i desire their liberty and freedome , as much as any whosoever ; but i must tell you , that their liberty and freedome consists in having of government by those laws , by which their lives , and their goods may be most their own . it is not for them to have a share in government , that is nothing sirs , appertaining unto them . a subject and a sovereign are clean different things ; and therefore untill that be done , i mean , untill the people be put into that liberty , which i speak of ; certainly they will never enjoy themselves . sirs , it was for this that now i am come here ; if i would have given way to an arbitrary power to have all laws changed according to the power of the sword ; i needed not to have come hither , and therefore i tell you , and i pray god that it be not laid to your charge , that i am the martyr of the people . in troth sirs , i shall not hold you much longer , i shal onely say this unto you , that in truth , i could have desired some little longer time , because i had a desire to put this , that i have said into a little more order , and to have a little better digested it than i have now done ; and therefore , i hope you will excuse me . i have delivered my conscience , i pray god that you do take those courses , that are most for the good of the kingdome , and your own salvations . doct. juxon . will your majesty although the affection of your majesty to religion is very well known ; yet to satisfie expectation , be pleased to speak something for the satisfaction of the world . king . i thank you very heartily ( my lord ) because i had almost forgotten it . in troth sirs , my conscience in religion , i think is already very well known to all the world ; and therefore i declare before you all , that i die a christian , according to the profession of the church of england , as i found it left by my father ; and this honest man * i think will witnesse it . then turning to the officers he said ; sirs , excuse me for this same , i have a good cause , and i have a gratious god , i will say no more . then turning to colonel hacker he said . take care they do not put me to pain , and sir this if it please you ; but then a gentleman , one mr. clerk , comming neer the ax , the king said , take heed of the ax , pray take heed of the ax : then the king turning to the executioner , said , i shall say but very short prayers , and when i stretch forth my hands — then the king called to doctor juxon for his night-cap , and having put it on , he said to the executioner : will my hair trouble you ? who desired him to put it all under his cap , which the king did accordingly by the assistance of the executioner and the bishop ; the king then turning to doctor juxon said , i have a good cause and a gracious god on my side . doctor juxon , there is but one stage more , this stage is turbulent indeed and troublesome , but very short , and which in an instant will lead you a most long way from earth to heaven , where you shall find great joy and solace . king , i go from a corruptible to an incorruptible crown , where can be no trouble , none at all . doctor juxon ; you shall exchange a temporall crown for an eternall one , it is a good change . the king then said unto the executioner , is my hair as it should be ? he then did put off his cloak , and his george , which he gave to doctour juxon , saying , remember . he immediately afterwards , did put off his doublet , and did put on his cloak again , and looking on the block , he said unto the exkcutioner , you should make it to be steddie . execut . it is so . king , it might have been something higher . execut . it cannot be made higher now . king , when i shall stretch forth my hands in this manner , then — after that , when standing , he had spoke two or three words unto himself , with his hands , and eyes lifted up towards heaven , immediately stooping down , he laid his neck upon the block , and when the executioner had again put all his hair under his cap. the king said , stay till i give the sign . execut . so i do , if it please your majesty ; and after a very little respite , the king did stretch forth his hands , and immediately the executioner at one blow did sever his head from his body . sic transit gloria mundi . the present warre parralel'd . or a brief relation of the five years civil warres of henry the the third , king of england , with the event and issue of that unnaturall war , and by what course the kingdome was then settled again . henry the third of of that name , ( a man more pious than prudent a better man than king ) swayed the scepter of this kingdome . years . the former part of his reign was very calm , the latter as tempestuous . the main tempest was thus raised , the king for many years during that high calm , had sequestered himself wholly to his harmlesse sports and recreations , and intrusted the whole managery of the state to his officers & ministers . these taking advantage of his majesties carelesnesse ( the main fault of this king ) insensibly suck'd and drained the revenues of crown and kingdome ; till the king awakened by extream necessity , began to enquire , not how he came in ( for his necessities would not permit that ) but how he might get out . the best way that his evil counsellours could find to relieve their master and save themselves , was ( the ordinary way of supply in parliament declined , to have recourse to monopolies , patents , and other extraordinary and illegal taxations . but ( praeter naturall courses are never long-lived ) the free born english would not long endure such slavery . when the king saw there was no other remedy , he throws himself into the bosome of his people for relief and advise in * parliament * where they undutifully taking advantage of his majesties extremities , in stead of relief outbrave him publickly , with a * catalogue of all the mistakes , and all the misfortunes of his former government ; which coming to the peoples ears soon stole away their hearts , and alienated their affections from their soveraign , and left him wholly to the mercy and will of his parliament . they sensible hereof , and that the reins of government were now cast upon their necks , ( like apollo's horses , when phaeton had the driving of them ) ran violent by courses , till they set the whole kingdome on fire . so far they went , as to make an ordinance , that whereas there was a present want of a through reformation in the state , the government whereof should be put into the hands of four and twenty , qui regia potestate suffulti , who being armed with soveraign power , should take upon them the whole care and government of the kingdome , should nominate and appoint the chancellour , treasurer , chief justices , governours of forts , castles , and navie , and all other great officers and ministers of state for all times to come . to this traiterous ordinance , the king , metu incarcerationis perpetuae compulsus est consentire , for fear of perpetuall imprisonment , was inforced to give his royall assent : and for further security , to be content to give it under the great seal , and upon oath , that whensoever he attempted to assume unto him his regall power , liceat omnibus de regno nostro contra nos insurgere , & ad gravamen nostram opem & operam dare , ac si nobis in nullo tenerentur . it should be lawfull for all his subjects to rise against and oppose him , as if they owed no allegiance to him . strange it is , that he should be content to be a meer cipher , that so lately was the onely figure of the whole kingdome , that he should be content to part with at once with every tittle of soveraignty , but the bare title ! but prodigious , that so many choice senators , so many fathers and judges of law , and conscience , should so forget god and themselves , as to give their assent for the totall subverting of the regall authority , when as they had all taken their corporall oathes , de terreno honore dicto regi & haeredibus ejus servando . which oath was well kept ( saith mine authour ) ordinando ne unquam regerent , sed semper ab aliis regerentur : by making an ordinance that they should never rule again , but alwayes be ruled by others . these four and twentie thus setled , continue the parliament during their pleasure , put the kingdome in a posture of defence , place governours of their own choosing , such as they could confide in , in the chief forts , nominate and appoint judges of assize , sheriffes of counties , coroners , bailiffe ( discharging those that were made by the king ) took an oath of them all respectively . and here they would make the people believe they should never be troubled with licentious soveraigntie again ; ( but never more as it proved : ) for now every one of them began to value his own worth , and to hammer his head on every design , that might enlarge his own power and command . in brief of so many subjects they became totidem tyranni , as the book of saint albanes speaks ) so many tyrants , and for one bad king before , they have four and twentie worse . but england ( like old rome ) cannot long endure more kings than one : great faction and deadly feud arose between the chiefest of them ; which the rest taking into consideration , and perceiving that by so many heads , not onely monarchy was dissolved , but faction and debate every day increased upon them , so wrought , that all , but five , agreed that the foresaid ordinance should be repealed , and the king restored to his pristine power . but those five members stifly oppose this agreement , and for the maintenance of their cause , trahunt multos pseudo prophetas , lupos in ovium vestimentis , qui contra christi vicaraos , & christū domini regē ipsum murmurant , non ut spiritus sanctus eloqui ; sed ut superioris potestatis contemptores obloqui dabant : they drew to their side many lying ministers ( wolves in the sheeps clothing ) who murmure and speak evil against the lords anointed , not as the holy spirit gave them utterance , but as the despiser of dignities gave them their lessons . these incendiaries by their sheeps clothing ( a fair conversatiō ) drew the people every where to side with them against the k. and those that wisht the king his former power . which the king perceiving , and how the multitude grew every day more and more tumultuous , ( for all things were now carried by tumults ) was advised by his privy councel to withdraw himself ( lest his person might be endangered ) from the parliament ( then held at westminster ) to his castle of windsore . after some contestation at this distance , it was agreed upon by the king and his adherents , and the five members and their adherents , that the difference should be referred to the french kings arbitrement . * the king of france upon the day of hearing , gave sentence that the said ordinance , whereby the king was deprived of his regall power , should be made null . the five members and their complices seeing this , ( notwithstanding they had bound themselves by oath to stand to his award ) flew off , and resolving to have their own wills , drew into arms , made choice of the earl of leicester for their general ( & for their own private interest , pretending the publick good ) drew the greatest part of the kingdom after them , * so easie it is to draw the fickle multitude to the wrong side ) crying every where at first , liberty and religion , though towards the end of the warre not a word of either . by their fair pretences , they gained so farre upon the londoners , that they generally enter into a covenant to assist the earl : for which purpose ( besides a new major or bailiffe ) they choose two commanders , thomas pywelsden and stephen buckerell , at whose command , by the towling of saint pauls great bell , they were to be in armes upon any occasion . their first exploit was a march to isleworth in a tumultuous manner , where they plundered and fired the kings brothers mannour house . the earls army by this time on their march , plundered all that were disaffected to their cause and proceedings , and imprisoned them : * especially those that stood any way affected to the queen : for they all ( but most of all the londoners ) were most maliciously bent against her ; insomuch that as she was passing the thames near the bridge , a rude rabble of the city got together on the bridge , and with confused yellings cryed , drown the witch , &c. and by throwing dirt and stones at her , drave her back : which impious affront was punctually remembred in the first fight ; as you shall hear anon : besides this main armie under the earl of leicester , they had another armie under the command of the lord ferrers , of ( whom descended the late lord of essex ) who behaved himself insolently towards the king , in destroying his parks as he marcht , &c. which in the conclusion cost him dear ; yet to delude the people , the main army bore before them the kings arms , and to shew they were for the king , when they had displaced the old governors of the kings castles and forts , and placed in such as they could confide in , they gave them an oath to be true to the king , and to keep those holds to the use and benefit of the king and state ; yet when the king demanded entrance at one of his forts , wherein they had placed a governour , he was kept out . at sea the barons of the cinque-ports seised the kings ships , took great prizes , but they that sate at the stern upon land shared in those prizes as the fame then went . by this time the king began to rouze himself , and finding nothing now left him , but a good cause and the hearts of his wiser subjects , yet by that and these , and the assistance of his brother richard , king of the romanes , in a short space he had raised a considerable army . ( a king can never be so down , but he will rise again ) with these he marcht ( and like a snow-ball encreased by motion ) plundering the rebels lands as he went to northampton , which was fortified against him by some of the chiefest of the rebels ; yet by a furious assault he soon gained it . thence continuing his march into sussex , near lewes , he received a message from the earl , the tenor wherof was , that as for his majesty they intended no harm against him , but onely desired that he would remove his evil counsellours that did advise his majesty against them , against the honour of the king , and welfare of the kingdome . the king in his answer charges them with rebellion and disloyalty , and commands them to lay down their arms , and to return to their obedience , that they might be received to mercy : but the earl rejecting the offer ( * when subjects have once broken their fealtie and trust to their soveraign they never dare trust their soveraign again ) resolves to give the king battel . near lewes both armies meet : one wing of the earls army was made up of london troops , which the prince being then generall of the kings horse , observing , and remembring , ( not without indignation ) the abuse offered by the londoners to the queen his mother , he claps spurs to his horse , and all his cavalry after him , crying , [ here , here , ( my brave cavaliers ) are the main contrivers of all rebellions and mischief ; now , now , if ever charge home , ] and so fell on with that fury , that they presently flie : the prince in an eager and hot pursuit does great execution upon them for four miles . but this prosperous beginning of the fight on the kings side was the utter overthrow of the kings forces : for when the earl perceived that the prince ( a young fiery spirit ) with all the kings horse was gone so far in pursuit of the londoners , he fell violently on the kings foot & soon routed them ; took the king ( his horse being slain under him ) prisoner . the prince at length retreating , ( when he saw all lost ) surrendered himself . there were taken in this fight ( besides those royall prisoners , the king , the prince , the kings brother , and his eldest sonne ) above twenty noblemen that were for the king ; and slain about * . the earl having thus gotten a compleat victory , forth with endeavours to seise all the militia , and power of the kingdome , for which end he carries the king about with him to countenance his actions ; but the rest of the royall prisoners he disposes in severall garisons . and now the earl believes all his own , and the people dream of nothing but peace , but alas the warre was not begun till now : for when the torn remainder of the loyall army that escaped at lewes , now keeping garison in bristow , and other noble spirits saw how insolently the earl dealt with his and their soveraign , in barring him of his liberty , &c. they soon raised a considerable power under the command of roger mortimer earl of march : unto whom many flockt out of shropshire , cheshire herefordshire , and worcester , that were well affected to the king . moreover the queen ( who was a french woman ) got over beyond sea , to try her friends for their asistance to restore her husband to his former liberty and authority , quod ad laudem & magnificentiam aelionorae anglorum reginae libet intexere ( saith one of that age ) quod domino suo , & edvardo filio tam strenuè & tam viriliter tanquam virago potentissima succurrendis fortiter insudaverit . but before these forces were well united , the rebels forces were as well divided : for debate arising , ( as is usuall in all confederations , where all parties must be pleased , or else the knot will dissolve ) between his excellency the earl of leicester and the earl of glocester , because his excellency , minding his own private , more than the publick good of his fellow rebels ( without any respect had to his adjutants ) ingrosses all to himself , disposes of the royall prisoners at his own pleasure , seised on the revenues of the crown , and composition of dilinquents for his own use , ( whereas they had privately agreed before , ea omnia aequâ sorte inter eos dividenda fore ) in brief , he shared all places of power and profit between himself , his sonnes and his allies . whereat glocester , ( as good a man as he ) stomackt and fell off with his followers to the prince , who by this time ( disponente domino clavigero carcerum , every thing working for the king ) had made his escape out of prison at hereford : ( for being allowed by his keepers to aire himself sometimes on horse back in the town meadow , after he had tyred two or three , at length he mounts a speciall flight nag , and putting spurs custodibus valedixit ) and came safe to wigmore castle , where the lord mortimer lay with his forces raised for the king , so marcht on with a great prwer , taking in ( as they went ) some strong garisons of the rebels , plundered their houses , drave their cattell , &c. here the war grew hot , each side fortifying towns , plundering and driving all round about to store the garisons : mens houses ( which were wont to be their own castles ) were now made castles , but the owners were least masters ; all left to the mercy of the rude souldier , the poor countreymans dwelling house , pillaged every where and searcht , * usque ad lectorum stramentum , to the very bedstraw : nor onely mens houses , but even gods houses , the very churches were not free from the prophane hands of plunderers ; the high-wayes lay unoccupied , no passing from town to town without danger of robbing . when the prince , the earl of glocester , the earl of march , with the reliques of the royall army were united and well ordered , they resolved to give his excellency ( the earl of leicester ) battel : at evesham in worcestershire , by a speedy and unexpected march they came upon him . the earl seeing himself engaged to fight , gave order that his own coat-armour should be put upon the king , who was then a prisoner in the army , and that the king for the safety of his person forsooth ) should be placed in the front of the battel , that so if the battel went against him , the king might be aimed at as generall , and his excellency thereby make his escape . but the king at the first charge called out to the loyall army , that he was their king , and so was preserved ; yet not without the losse of some of his own , ( being wounded by a javelin ) as well as his subjects blood : the battel was very violent , and went sore against the rebels ; at length the earl himself ( the head of this rebellion ) was cut off ; at the instant of whose death there hapned such extraordinary lightning , and thick darknesse , that it struck a generall horrour and amazement into the hearts of the rebels , as if the king of kings would now at last visibly revenge the kings quarrell , or as if they had seen gods immediate hand against them , as once against corah , and the assembly men , num. . v. . for the like rebellious practises . in this signall battel were slain ( besides the earl and his son ) sixteen lords and knights , and about ten thousand more of the rebells part . the earls corps was strangely ( though not undeservedly ) handled by the people , who were so inraged against him , the chief actour and authour of their so much mischief and misery , that ( in dispight of him ) they lopt off his head , hands , feet , and privy members , and sent them ( in scorn ) for tokens to severall places ; his body was buried in evesham church . notwithstanding this , there were many ignorant people ( who had been by specious pretences abused , and seduced to that side ) that were of opinion for a long time after , that he dyed a martyr , because it was in defence of their holy ( as they thought , but indeed impious ) covenant & oath . two of the earls sons were at the same fight taken prisones : not long after they made an escape out of prison , but cold not escape gods vengeance on rebels ; for in france , in miseriis dies suos finiverunt . the countesse being banished , died a nunne in france . all the earls honours and possessions were conferred upon edmond earl of lancaster , the kings second son . and thus ended this great fiery meter in a stench . thus fell our english cataline ( as m. cambden styles him ) a man in shew fair and honest , but indeed , vir pravo ingenio , & profundâ perfidiâ : of a perverse disposition and treacherous beyond any mans suspition ; after his soveraign had heaped upon him many high favours , as the earldome of leicester , and that high and honourable office of lord high steward , and ( to endear him the more had given him his own sister in marriage : in token of thankfulnesse , he doth his utmost endeavour to diminish the kings known authority , to subject him to the wills of his subjects , to pull down monarchicall government , and set up a factious oligarchy , and all under that fair common pretence of restoring religion to its purity , and the people to their liberty . the k. thus happily , preserved & almost miraculously ( all things considered ) set at liberty ; about a month after calls a parliament at winchester , ( no more at london , untill it was more loyall and lesse tumultuous ) where by a full convention it was enacted , that all statutes and ordinances made by the former parliament ( called the wood or mad parliament ) should be repealed , and all writings and bonds then sealed by the king for observing the same , should be cancelled and made void· that the city of london , ob suam rebellionem , for this her rebellion should be deprived of all her ancient priviledges and liberties , and the ringleaders of them , iuxta voluntatem ipsius regis plecti , to suffer such punishment as his majestie was pleased to inflict : et ditiores civitatis in carcerem truderentur ( saith matth. westm. ) pro eo quod simoni , in regis contemptum , & etiam damnum regni , fortiter adhaeserint : that the wealthier citizens should be cast in prison , because they had in contempt of his majestie , and great dammage and mischief of the realme assisted the earle . furthermore it was there enacted that all such as had favoured the rebels ( were they now in prison , or at large ) should forfeit all their estates . afterward the king marcht with a great power to windesore , resolving ( as the fame then went ) to destroy the whole city of london : many of the rable and wild commonars ( saith fabian ) were as resolved to defend the city against him : but the wiser sort thought better to become humble petitioners for their padon of what was past , then to incense his majestie any farther ; and to that end drew up an humble petition , and presented it to the king : but their late rebellious carriage had so farre provoked his majesties patience , that he would not so much as admit of their petition , or hearken to any that endeavoured to mediate for them . hereupon they were advised to draw up an instrument or writing , whereby they should yield themselves wholly , both bodies and goods to the kings mercy , which was done accordingly , and sealed with the common seal of the city . his majesty upon earnest suit unto him , accepted hereof , giving present expresse command , that all the chains and posts , which they had placed at every street and lanes end , should be forthwith carried to the tower , and that the mayor and fourty of the chief citizens should repair unto him the next day , and confirm their said writing : this was done , and they all came accordingly ; but ( contrary to their expectation , though not deserts ) were all delivered into the custody of the constable of windesore castle , and shut up there in a large tower , where they had small chear , and worse lodging . the next day toward night , all ( but five whereof the mayor was one ) had their enlargement . those five their bodies and goods , were as a boon bestowed on the prince , the rest were commanded to attend at windesore for a long time after . sixty or seventy wealthy citizens with all their land , goods , and chattels , did the king dipose to his houshold servant . for the government of this unruly city , the king appointed one o●hon a forreigner , or stranger , first constable of the tower , and then custos , or warden of the city , to pull down their haughty spirits , and that his peace for the future might be surely kept , he required the best mens sonnes in the city for hostages , these he clapt up in the tower , and caused them to be there kept at the cost and charges of their parents . daily suit was made unto his majesty for his pardon and favour , but in vain : then they petition the king to know his gracious pleasure , what fine he would demand of the whole city , for their offences against him . the king at length signified unto them that the summe of fifty thousand marks should be their fine . whereto the londoners return this humble answer . they had been of late by this unhappy war , so exceeding impoverished , that a summe so great , ( as it was in those times ) could not possibly be raised amongst them ; wherfore they humbly beseeched his princely compassion might be so far extended towards them , as to require and accept according to their abilities . at length , after much suit and submission , and a fine of twenty thousand marks , the king received them to mercy , and sent them under his great seal a generall pardon ( those onely excepted , whose estates were already bestowed ) granting and allowing , that their former charter & ancient priviledges should be restored unto them , notwithstanding all the transgressions ( they are the words of the pardon ) and trespasses done to us , to our queen , to our noble brother richard king of almain , and the prince our first begotten sonne . and here was the first pacification betwixt the king and the londoners , for whom we say thus much , that their foul rebellion against their soveraigne , was not more detestable , than their humble submission to their soveraign was commendable . and therefore in the ordinance , called dictum de kenelworth , made for the settling of the kingdome , we find them ( notwithstanding , all their disloyalty ) commended , as shall be seen in the ensuing story . after the proud stomack of this city was brought down , and all tumultuous spirits quelled , the king calls his parliament ( in festo sancti edvardi regis ) to westminster , wherein those that aided and assisted the earl , were all ( excepting the londoners ) attainted , and that all their lands and goods were forfeited . but this sentence ( though it was lesse than they deserved ) yet was more than they would endure , and therefore the fire ( that was not yet quencht , but smothered ) breaks forth again . some flie into the isle of ely , and fortifie that . some into the isle of axholm in lincolnshire . another party possesse themselves of killingworth castle . another under the command of the lord ferrers in the northern parts . and amongst others , one adam gurdon lived as an outlaw in hampshire ( a tum rarus aut nullus locus in anglia fuit tutus , eò quod terra erat vespilionibus plena . now scarce any place in england free from plunderers . to reduce these to obedience , the king undertakes killingworth castle . the prince was sent against adam gurdon , lord edmond , the prince's brother , against those in axholm ; and lord henry king of almains sonne , against the lord b ferrers . to the rebells in killingworth castle the king sent first a gracious message , willing them to desist , and to return to their obedience . but they contrary to all law of arms , contrary to natural civility , cut off the messengers hand , and sent him back with an uncivil answer . then the king marcht to killingworth , and sate down before it upon midsummer eve . during the siege ( which lasted six moneths ) clerus & populus convocantur , & duodecim eliguntur de potentioribus procerum , & prudentioribus praelatorum , quibus datur potestas ordinandi super statutum exhaeredatorum , &c. the clergie and laity are assembled , and out of the chiefest of the peerage , and wisest of the prelates were chosen twelve , to whom power was given to pronounce sentence against the rebels , and to settle the peace of the kingdome ; they , first taking an oath , de utilibus ordinandis , to decree nothing but what should be for the good of the common weale . then the people take a solemn oath , quod dictum ipsorum inviolabiliter observarent ; that they would stand to their decree , which to this day by our lawyers is called , dictum de kenelworth ; a severe ; yet a good and wholsom course ( without effusion of blood ) to punish rebellious subjects . the decree was as followeth , in nomine sanctae & individuae trinitatis , amen . ad honorem & gloriam omnipotentis dei patris , & filii , spiritus sancti , &c. et ad honorem & bonum prosperum & pacificum statū christianissimi i rincipis domini henrici regis angliae illustris . & totius angliae ecclesiae , nos wilielmus , &c. in english thus . in the name of the holy and individuall trinity amen . for the honor and glory of almighty god , the father , son , and holy ghost , &c. and for the honour , prosperity , and peace of the most christian prince our soveraign lord henry , the most renowned king of england , and of the whole church of england , we william exon , william bath and wells , henry worcester and t. s. davids , bishops . gilbert de clare earl of glocester , humphrey earl of hereford , philip basset , john bailof , robert wallop , alan de la souch , roger de somerie , and warren de basinghorn , providing for the welfare of the land , &c , have thought fit to order as followeth . . that the rebels be not wholly deprived of their estates , but shall have liberty to redeem their lands by fines in manner following . . that those that were in the fight at chester-field against our soveraign lord the king . item . all those that by force of arms impiously kept northampton against the king . item , those that gave the king battel at lewes . item , those that were taken prisoners at kenelworth . item , those that came to pillage winchester , or were elsewhere against the king , whom the king hath not pardoned . item , those that gave the king battel at evesham . item , all those that freely and voluntarily and without any compulsion , have contributed to the war against the k. or prince item , the officers and servants of the earl of leicester , that pillaged their neighbours , or were the cause of any murders , firings , or other enormities , that all these be fined five years revenues of all their estates respectively : and that if they pay down their fines presently , they may enjoy their lands presently : but if the land must be sold for the payment of the fine , he , on whom the king bestowed it , shall have the refusal , if he will give as much as any other . and if the originall owner will pay down the whole fine , he shall have the whole land ; and likewise if he will pay the moity , or third part , he shall have the moity or thirds of the land . and if at the end and term appointed , the owner doth not pay for the other moity , it shall be clearly theirs on whom the king was pleased to bestow it . and assoon as any one hath paid down his whole fine , such shall have liberty to let , or set , or sell his land within the prefixed time . those that have woods and would willingly make sale of them for the payment of their fines ; he , on whom the king bestowed , and the originall owner shall have each one his bailiffe to see it sold : and those two bailiffes shall ( as fast as the money is made ) pay it to whom the fine was given by our soveraign lord the king : this payment must be made within three years at the farthest . all officers and reformades that were known to be common plunderers , and made it their businesse to plunder , if such have no lands , but onely goods ; they shall be fined one moity of all their goods , and shall find sufficient sureties , that they shall keep the peace of our soveraign lord the king , for the time to come . they that have nothing shall be sworn upon the holy gospel , and find sufficient sureties , that they will keep the kings peace for the time forward , and shall make such satisfaction , and do such penance , as the holy church shall censure , excepting onely banished persons , who are wholly left to the will and pleasure of the king . . moreover , as for wards or young heirs , ( that were in actual rebellion against the king during their minority ) their guardians shall pay their fines , and the said wards ( when they come to age ) shall pay back the same to their guardians within two or three years , so that the guardians shall have the wardship and their marriages ( without disparagement ) even till they be come to full age , and all wards shall pay their fines after the same manner as those of full age . onely the kings own wards shall be in the hands of those , to whom the king shall give them untill they come to years , and then they shall pay down their fines acording to the same manner as those of full years ; provided alwayes that there be no waste made by the guardians upon their estates ; if there be , then the guardians to be punished according to law . . if any that were for the king before and since the battel at lewes , be now fined for not assisting the prince ( when he was raising arms to rescue his father , ) we leave him to the king to be censured or pardoned , as he shall think fit . . that there be no sale or waste made of any woods by those on whom they were bestowed , unlesse the fine be not paid within the time limited . onely it is allowed that they cut so much as is necessary to keep the houses in reparations ; and if they shall exceed this allowance , to be severely punished . . if any be thought to be dangerous persons , and that they are like to move sedition , and to revive the wars ; let the king secure their persons as he shall think fit , either by sending them into forrein parts for a time , or what other way shall be thought expedient ; provided alwayes , that if they be thereby hindered from paying their fines , they shall not forfeit their estates . . that if any will not submit to this ordinance , he be left to be censured at the king-bench-bar , before the feast of st. hillary next coming . all those that live in forrein parts shall find sureties ( according to the lawes and customes of those states ) to live peaceably , otherwise that they shall not be received in a peaceable manner . . whereas the kings majesty is engaged to many that served him in his warres , and faithfully stuck to him , whom he hath not yet sufficiently rewarded , and some have been rewarded above their deserts , we desire that the king take speciall care , that out of delinquents estates they may be all rewarded to the full , lest otherwise a new war should be occasioned . . that the kings majesty be graciously pleased to make choice of twelve able men that may be authorised to see all this punctually and faithfully performed , and that the kings majesty , his heirs , or successors take care that it be all firmly observed and maintained , and to inquire into , and regulate , and see duly executed , what shall be by the said twelve men ordered according to reason and equity . . that all farmers and renters of lands that were against the king shall lose their farms for all the term or time of their leases , that are to come , provided that the landlords be no wayes endammaged ) and when the term of their leases are out , then to return to the landlords again . . as for castles and forts built by the kings grant and allowance upon any delinquents ground , contrary to the will of the said delinquent ; we decree that ( after the owner of that land hath paid his fine , which must be within three years ) for six years more the owner of that land shall pay such custome as was imposed by the king , or else accept of a reasonable exchange for the land . . all lay-men who notoriously advanced the earls designs , and assisted him , or his adherents , attrahendo homines per mendacia & falsitates parti comitis & suorum , & detrahendo parti regis & filii sui , by drawing people through lies and falsities , either to the earl and his party , or from the king and his party ; it is ordained that they be fined as much as two years revenues of all their estates . . that all such as were pressed ; or out of fear went to the wars , but never fought against the king , or did any mischief ; also those that being not able to go themselves , yet by force and fear were compelled to contribute towards the army against the k. or prince or did any mischief also those that were enformed to be plunderers , or to aid and assist any plunder-masters , and yet did return to their habitation as soon as conveniently they could , be all left in misericordia domini regis . . that all those that wittingly bought any plundered goods , restore the value of the goods , and be in misericordia domini regis ; because they thereby have offended against the law , and done contrary to the kings expresse command , set for half a year before . . that all those that at the earls command went into northampton , yet never gave the rebels their assistance , or made any resistance , but assoon as they perceived the king coming took sanctuary ( provided that this be attested by the oathes of good and lawfull men ) likewise those that owed no suit or service to the earl , and yet came upon his command , be all fined half a years revenue of every one respectively ; but those that held of the earl in fee , let them be onely in misericordia domini regis . . that impotent silly people , and all such as did no mischief , may enjoy their estates as formerly , and recover dammages at the kings bench , against those that shall wrong them . . those that accuse any of their fellow subjects out of malice , be punish'd at the kings pleasure , and that his majesty thence forward , do not easily give credit unto them . and we judge that they deserve the same punishment as the accused , if the accusation were true , provided that they lose not life , limbe , or estate . . that all such as are accused upon meer malice , may still enjoy their estates , and recover dammage against their accusers in the kings bench , as abovesaid . . that all women injoy their own inheritances and dowries . but those lands that came by their husbands , who have been against the king , shall be redeemed by a fine ; according as his majesty shall impose upon them , &c. . that all such as are acquitted ( so it be by those that have authority to acquit them ) remain and stand in such a condition as they are put into ; and that all that have paid their fines , shall not be responsible for dammages and trespasses committed by them upon those , against whom they fought in the time of the late troubles , but that all dammages and trespasses be forgiven on both sides , provided that the church may have her dues . . that because it may be of dangerous consequence , that any castles should remain in the power of those , who were in actuall rebellion against the king ; we therefore decree and ordain , that for the castles of hardley , bytham , and chertley , there be given a reasonable exchange . . as for the earl simon monfort his countesse , and his sons , we decree nothing , because our soveraign lord the king hath referred them , and their offences to the king of france . . as for the city of london ( taking notice , it seems of their humble submission ) we commend it , and do make this motion to our soveraign lord the king , that by the advise of his privy councel , he take order for reforming the state of the city , and settle their lands , revenues , buildings , and liberties , and that this order be presently debated . . for the l ferrers we decree , that he be fined seven years revenues of all his estate . . that all that now keep killingworth castle be pardoned , except henry hastings , and those that had any hand in cutting off the kings messengers hand , all which shall be fined seven years revenues , of all their estates , or else submit themselves to the kings mercy . . that all men whatsoever endeavour to keep the peace of the kingdome , that none presume to commit any outrages , firings , murders , robberies , or by any other means break the peace . which if any shall be so hardy , as not to observe , and be thereof lawfully convicted , let him have sentence according to the laws of the land . . item . that all whom it may concern , take their oaths upon the holy gospel of god , that they will never take any revenge , be accessory , or consenting to take any revenge , nor will suffer ( as much as in them lies ) that any revenge should be taken against any one for any injury suffered in the late times of trouble , and if any one shall presume to revenge himself , we decree that punishment be inflicted upon him in the kings bench court . . that the holy church receive full satisfaction from those that have injured her . . but if there be any that will not submit to this ordinance , or refuse to be tryed by their peers before our soveraign lord the king , let them forfeit their estates for ever . and if there be any that have gotten possession of the rebels lands , and were himself a rebel , he is thereby uncapable of challenging any right to the land , or to have any title to the fine by the kings majesties gift . . whosoever will not submit to this ordinance , let him be accounted a profest enemy to our soveraign lord the king , and to his sons , and to the whole realm , and let all the laity and clergie ( as far as the canon laws and common laws will reach ) prosecute such an one as an enemy to the peace of church and state . . lastly , that all those that are imprisoned or any way debarred of their liberty , upon reasonable and competent security , shall have their inlargement , by putting in sureties , or such other way as the king hath allowed . dated and set forth from the camp before kenelworth the last day of september , * in the year of our lord god . and of the reign of the most renowned king henry the third , . thus endeth that famous ordinance called to this day , dictum de kenelworth ; wherein are comprised the wisest rules that the wisest men of those times could possibly devise , to uphold , compose and recover a tottering distracted , dying kingdome . about two moneths after the publication of this ordinance , viz. upon saint thomas eve , the castle was delivered up , upon conditions ( too good for those that had so barbarously used the kings messenger , contemned the king , and impoverished the countrey ) to march away with their goods , & to undergo no fine for taking up arms . this castle had the k. bestowed upon the earl of leicester in frank marriage with his sister aelionor ; but when the earl by his rebellion had forfeited , and the king had now won it , he gave it to his own son edmund earl of lancaster , who by this time had reduced the isle of axholm , and all those rude ignorant people , that flockt thither , pillaging and plundering the kings friends round about . the prince also met with adam gurdon , a famous sturdy rebell that lay lurking in aulton wood in hamshire , robbing and spoiling the adjacent parts , praeoipuè terras eorum qui parti regiae adhaerebant ; the prince upon his approach , hearing of his valour , sent him a challenge for a single combate . gurdon accepts it , and performed it so gallantly , that the prince assured him of his life and estate , if he would submit : which he did , and was received into great favour with the prince ; but divers of his men were there executed . but now the isle of ely was strongly fortified by a great multitude got together , that refused to submit to the ordinance of kenelworth . upon the naturall strength of this isle , and the plenty of all provision therein , seditious rebels have often presumed , and from hence have molested more kings than one , as they did now the neighbouring counties , robbing and pillaging norfolk , suffolk and cambridgeshire , plundering the city of norwich , and carrying away the richest citizens , made them redeem themselves : at length a message was sent unto them requiring them to submit to the ordinance of killingworth , to leave off robbing their fellow subjects , and to return to their allegeance : hereto they return this insolent answer , that they had taken up arms to defend the good of church and state , and therefore ought to be restored to their lands without paying any fine . in brief they require hostages into the island , and that they might hold it five years peaceably , till they saw how the king would perform his promises , ( perfidious subjects ever suspect their princes fidelity ) which high insolency of theirs ( unheard of till our times ) so exasperates the king , that he resolves to try the utmost , to reduce them to their obedience ; for that purpose marches with a mighty army against them , the prince also joyns with a considerable power ; after many assaults , at length ( after they had held it above two years ) by the help of new made bridges and boats , they stormed it on every side , that they were forced to yield . and now men thought that the fire was quite out . but there were yet some live embers ( which the earl of glocester upon some distast blowing ) suddenly flamed out again in london , where the commons of the city forgetting their late punishment , and as men ( saith mine authour ) without dread of god or the king , drew up in arms again , flock to the earl of glocester , plundered the well affected to the king , sequestered their estates , brake the prisons , chose a new mayor and sheriffes , made bulwarks and barbicans , and fortified the city wonderously , and were so confident of their strength and cause , that they durst bid the king battel , appointing hounsloe-heath for the field . the king by a speedy march came to the place at the time appointed ; but they instead of meeting his majesty , ran about the city in a tumultuous manner . some to westminster , and there plundered the kings palace , fenestras & ostia fregerunt , ( saith m. weston ) vix manus à combustione totius palatii cohibentes ; brake the doores and windows , hardly forbearing to set it all on fire . then the king removed his camp to the other side of the city , and had his head-quarters at strafford , three miles off the city , the rest of the army lay at ham , a village hard by . the wiser citizens foreseeing the danger that hung over them , desired a treaty with the king , whereunto , ( though they were unworthy of so much clemency ) his majesty was graciously pleased to condescend , and upon these easie terms , they were again received to mercy . imprimis , salvo in omnibus dicto killingworthi , that the ordinance of killingworth , should be razed , and the trenches filled up ; lastly , that one thousand marks dammages should be paid down to the kings brother , for his mannour of isleworth , fired by them long before . also his majesty for some years following chose the mayor and sheriffes himself : but toward the latter end of his reign being fully reconciled , he restored them their ( often forfeited ) * priviledges . thus after the almighty ( whose judgements are unsearchable ) had suffered crafty seditious spirits , to seduce a whole nation , to trample upon his anointed , and to tread his honour in the very dust for a time , yet at length all his enemies are cloathed with shame , and upon himself his crown flourisheth again . and now after this furious dreadfull tempest , after so many storms and showres of blood , began a joyfull long-expected calm , which that they might enjoy without any intervening of more storms , and for the better setling and quieting the kingdome , the king gives expresse command for the razing of divers in-land castles ; as farnham , &c. that so if another rebellion should be begotten , it might no where find a nurse , and then it could not be long lived . also for the more quiet and secure travelling of his subjects , he appoints a captain in every county , who with a troop of horse should alway assist the sheriffe , for the taking and punishing all stragling reliques of the late armies , and high-way robbers , wherewith the kingdom did abound at that time , no place free from them . in some places also , ruricolae ( saith rishanger , the countrey people would generally rise against them ( as against wolves or bears ; ) and at one time , they took and kill'd fifty of them , that were got together near st. albans in hartfordshire . besides the king proclamari fecit contra pacem regni disturbantes set forth a proclamation against all such as should any way disturb the quiet of the realm , by plundering or stealing , &c. and that if any man should presume to steal but a cow or a sheep , vel aliquid aliud ( saith mine authour ) he should be surely put to death . these were the petty devises of that age , to pump and drain the huge sink of the kingdome : but the staple policy was , by a forreign expedition ( like a wide sluce ) to let out all the filth at once : for which purpose therefore ( among others ) it was resolved upon , that a great army should be raised under the command of the prince , for a voyage to palestine . and by this course especially did his majesty soon spend the insolencies of his own , and the rebels souldiers , made lawlesse by the late unavoidable liberty of civil arms . and here was an end of this wasting , groundles , unnatural war wherein the subject having strugled and wrestled with soveraignty , till they had wasted the kingdome and wearied themselves , at last are content to sit down by the losse , to let the king have his own rights again , and some of theirs according to the usuall event and issue of such imbroylments . finis notes, typically marginal, from the original text notes for div a e- * the earl of strafford * pointing at doctour juxon . * turning to some gentlemen who took his speech in short writing . * pointing at dr. iuxon . it is thought to be delivered to the prince . notes for div a e- * antiently called the wood or mad parliament ordinarily in history stiled i●sanum parlimentum . fabian . * chron. norwic. * like the remonst . of decem. . . matt. west . & mat. paris . mat. west . chron. orig. sub sigillo . nil nisi pro umbra a nominis habebatur . mat. west . mat. west . regist. roffen . m. westm. preaching that religion could never be throughly reformed , or the differences fully composed sine gladio materiali , and that all that should lose their lives in this cause were martyrs . rishang . chr. dunst . * rishanger * cotton . hollinsh . * rishanger . for disswading the king to stand to the aforesaid ordinance of parliament . rishanger dover chron. dunst . * cambdens observation in the case of robert earl of essex . equites , haec haec seditionum scelerumque omnium capita sunt , nunc , nunc fortiter adjicite tela . * southwel . rishang . * rishanger fabian . rishanger . a rishanger b this lord henry , the kings nephew was a valiant souldier , and having found out the l ferrers at chesterfield , gave him battel , and overthrew him , and because he had been pardoned once before it was decreed that he should be degraded , and depriv'd of the earldome for ever , & fined fifty thousand pounds . dictum de kenelworth 〈…〉 tho● pounds . * about the end of october the king assembled all the lords spirituall and temporall , & knight of shires , to northampton where this decree was confirmed by act of parliament . the barons of cinque ports seeing the king prosper , made their peace with the king . rishanger . fabian * then did the king command , that peace should be proclaimed all the kingdome over , which was received with joyfull acclamations . so at a late dyet or parliament in germany ( after they had undutifully strived with the emperour ; and wasted the empire ) it was concluded that all should be reduced to the same state as it was in the year . the several informations of john mac-namarra, maurice fitzgerrald and james nash relating to the horrid popish plot in ireland together with the resolutions of the commons in parliament upon the said informations and message from the lords spiritual and temporal in parliament, thursday the th of january, . macnamara, john, gent. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the several informations of john mac-namarra, maurice fitzgerrald and james nash relating to the horrid popish plot in ireland together with the resolutions of the commons in parliament upon the said informations and message from the lords spiritual and temporal in parliament, thursday the th of january, . macnamara, john, gent. fitzgerrald, maurice. nash, james. p. printed for john wright ... and richard chiswell ..., london : . reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons. popish plot, . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion i appoint john wright , and richard chiswell , to print these informations and resolutions perused by me , according to the order of the house of commons ; and that no other person presume to print them . th . jan. . wi williams , speaker . the several informations of john mac-namarra , gent. mavrice fitzgerrald , gent. and james nash , gent. : relating to the horrid popish plot in ireland : together with the resolutions of the commons in parliament , upon the said informations and message from the lords spiritual and temporal in parliament . thursday the th . of january . . london , printed for john wright , at the crown on ludgate-hill , and richard chiswell , at the rose and crown in st. paul's church-yard . . the information of john mac-namarra . who informeth and saith , that william bradley esq ; one of his majesties justices of the peace for the county of waterford in the year . gave him the said informant an oath of secrecy touching the plot intended and designed in ireland , by the earl of tyrone and the rest of the confederates against the kings majesty ; at which time he imparted to this informant , the earl of tyrone had received a commission from the french king to be a colonel of horse in the county of waterford , and that the said william bradley was to be his lieutenant colonel , and desired this informant to provide himself with horse and arms , and to procure as many as he could of those he dare trust : and that this informant should have a command of being a captain under the said earl and him. whereupon this informant did provide himself and speak unto john follis , james finican and dennis mac-namarra to provide themselves with such necessaries as were requisite for that purpose ; informing them also , that mr. bradley did impart such matters unto this informant , and who knew that the said mac-namarra had imparted such matters to the said james and dennis , who afterwards did confess the same to his grace the lord lieutenant and council , and before this informant had liberty to speak with them , or they with him , being then kept close prisoner from any one of the kings evidence . the precedent examination this informant gave , when on a petition preferred by the rest of the kings evidences , this informant was kept from any of the earls friends and from quarter-master ely , who was always with this informant before and not denied to be with him ; but on the petition of the aforesaid gent. then it was ordered , that this informant should be kept close and not to have any to come to him : this informant was then very fearful to discover his mind , because of the guilt that was upon him , being condemned ; which after a promise of pardon , if this informant spake the truth , he then resolved to discover so far as he knew , though against himself : upon which he freely declared his mind in this following examination . after the aforesaid vvilliam bradley did impart to this informant the aforesaid treason , this informant met with the earl of tyrone upon the land of gaveston in the county of vvaterford with two of his men , viz. thomas power his gentleman , and garret mac-teige his follower , and another whose name is luke power , this informant having in company with him one vvilliam power , and boetius clausy , being then abroad hunting with dogs ; the said earl knowing this informant at a distance , called to him , upon which this informant went to him : the said earl taking this informant from the company , asked him , whether mr. bradley had imparted to him any matter of secrecy ; this informant replyed , that he had : the said earl then told this informant , that he must be very private and discover it to none , but those he was very sure of . after which , the said earl drew a list out of his pocket , and shewed this informant a list of several persons that were to be superior officers , both in the county of vvaterford , county of cork , county of kerry , county of limerick and county of clare , which this informant took special notice of and knew several of the persons ; amongst the rest , the earl entred my name with my own pen and ink in the list ; the said earl telling this informant , he had his commission sent him from the french king , under hand and seal to be a colonel of a regiment of horse in the county of vvaterford , and said there was hardly a county in ireland , but persons were appointed by the french king for that purpose : and named in the county of limerick , colonel peirce lucy and the lord brittas , sir john fitz-gerrald , david fitz-gerrald and several others in the county of clare , john mac-namarra and several others in the county of kerry , sir turlo mac-mahan and several others in the county of cork , and that the said earl of tyrone was to be colonel in the county of vvaterford , and mr. bradley to be his lieutenant colonel , quarter-master ely his major , mr. john butler senior his captain , with the names of several others of that company , which he did not read unto this informant ; the said earl saying they were to raise several hundreds of men in every county , and that the superior officers were to meet on purpose to return an exact account of their forces to the french king : on which the said king would land many thousands of men in the river thanan , and assoon as they were landed , the next business was to go to the city of limerick with men and divide them into two parts , the one party to enter the city at candle-light , and that at several gates , and such as best knew the city were appointed to set upon the guards and put them all to the sword , and the rest to be hard by the city , and to enter in immediately when the alarm was given , and the body of the army to draw up as fast as they could . by which , said the earl , we do not question but to possess our selves of the city and kings castle , and to banish the english very soon ; and indeed said the earl , 't is the providence of god to bring some downfall on that unjust king , the duke of ormond and his children , that wronged me in so high a nature on the account of villiers : therefore said the earl , go home , lose no time , but make your selves ready , for we know not how soon occasion may require your assistance , and speak to as many friends as you can , which accordingly this informant did and provided horse and arms for that purpose . after discovery made hereof by hubburt bourke as you may read in his information , who partly knew the proceedings , and having discovered the same , was bound by recognizance to prosecute the said earl at the next assize at waterford , he did for want of this informants and others testimonies absent himself from the assizes , unto which he was bound , and for other reasons mentioned in his examination . but in a short time after , the said earl hearing that mr. bourke was going for england to make his application to the king and parliament ; the said earl commanded this informant to write unto the said bourke , which accordingly he did , and signified in his letter , that this informant would very willingly speak with him , but he not answering this informants expectation , this informant went himself to him at waterford , and courted him to go along with this informant to his house , which he prevailed with him to do . this informant then hastened to the said earl , and gave him an account of his proceedings , which the earl liked very well , whereupon he ordered major butler and john rovan , and this informant to confer with the said bourke , and at the mill of carrygninier we met , and according to the said earls order did offer the said bourke a farm stock , together with a sum of mony so as that he would charge mr. villiers ; captain nicholas , mr. bradley , and others with suborning or prompting the said bourke to prosecute the said earl , and that he should acknowledge it , and mr. bradley aforesaid should confess the same , and that so bourke and bradley should be committed witnesses against villiers and nicholas , upon which the said earl would bring his action of scandalum magnatum against villiers and nicholas for l. which was contrived by mr. andrew lynne and mr. bradley the said earls friends , unto which the said bourke refused to consent . here it is to be observed , that mr. villiers and captain nicholas were at law with the said earl , and therefore the said earl did suppose the world would sooner believe what was laid to their charge , upon the earls account , though falsly alledged against them . bourke not accepting the aforesaid offers , the earl then petition'd the lord lieutenant and council , who sent a summons for the said bourke , and brought him to dublin , and being examined of several matters , he gave in his informations , and got also mr. sampton and mr. jury to be summoned up , and to be examined , upon whole examinations : a summons was issued out against quarter-master ely , john povan , major butler aforesaid , and lawrence smillirand and this informant , who were all sent for to the council-board ; quarter-master ely went first to the earls house to have instructions touching the management thereof . the earl also sent to his gentleman mr. power for this informant , he being then in waterford , the said power came to this informant and told him , that the earl of tyrone and quarter-master ely sent for this informant , to the intent he might repair to dublin , and having no horse with him at waterford , the said power the earls gentleman , provided this informant with a horse , on which he went with him to curronymore to the earls house , where this informant met with the said earl and quarter-master ely together . upon which the said earl and quarter-master ely took this informant into the garden , and there did agree to send to john rovan , who came immediately , at which time the earl and quarter-master ely did instruct us what we should say , when we came to dublin before the council ; and told this informant the great danger , if we should discover any thing of the matter : but proferring an oath unto us , and finding us unwilling to swear what they would have us to swear , the said earl then told us , that we should be absolved by dean powers his cousen and the rest of the clergy , and after instructing us in the garden for a considerable time , the earl gave this informant an horse , and gave john rovan , lawrence swillivant and this informant money to bear our charges to dublin , and when we came there , we were maintained at the earls charge ; with promise to get bayl for this informant , if imprisoned , and we were there always accompanied with the earls friends , who promised this informant great reward , if he would conceal what he knew . this informant also had money from quarter-master ely , whilst he was in the pursivants hand , and several masses were said in the county for the earl and this inforformant , whilst this informant continued from discovering , but since hath excommunicated him . but at length mr. ivy and mr. sampson petition'd the lord lieutenant and council to have this informant kept close prisoner , and to keep the earls friends and sollicitors from this informant , which accordingly was done . now this informant being by himself , and considering the evil case he was in , god so touched this informants conscience , that he confessed the truth : several other things there are relating to the powers , concerning stealing of horses and providing of arms for the same purpose , which is treated of in mr. ivy's examinations and in james finicans , which powers were examined upon oath before sir jo. davis , and since bailed out of goal by means of captain morris the prosecutor , who now goes armed mostly accompanied with the earls friends and kindred . james finican was by the said mr. bradley sollicited not to confess any thing against him , for which the said bradley promised him a good reward in money , and was before the committee , and did for some time endeavour to conceal the matter ; but being kept from the said bradley for a season in the marshals hand , told the said marshal , that he would not be in trouble for concealing others treasons , he the said finican desired to be carried again before the committee , confessed the whole matters , saying , that if mr. bradley were put where he was , he would confess the truth too ; this astonished the said bradley , for as much as the said finicans promise to the said bradley of concealing , made him the said bradley to tell the committee , that he would be saved by the said finicans testimony . you may observe that while this informant denied to confess the truth and conceal the plot , the earls friends got a petition writ against mr. ivy , to be preferred to the lord lieutenant and council , viz. that the said ivy was a man of ill fame and a dishonest man , and that he knew nothing of those treasons and briggs before-mentioned , which petition they gave this informant to send unto , or deliver unto the lord lieutenant and council . in the mean time this informant being kept from them , his conscience forced him to confess the truth . he then shewed the petition unto the said mr. ivy , of which they were much ashamed and would have denied it , but that this informant justified it , and told who brought it unto him ( meaning mr. michael roe ) the hand also being known , which way this informant always observed , they always made use of to endeavour to clear themselves , by calling in question the reputation of their accusors . john mac-namarra . this informant saith , that in the year . one john brenan which was then lately come out of rome was made archbishop of cashell , waterford , and lismore : and that by the titular primate of ireland the said brenan producing bulls from the pope to the said primate for that purpose , together with several other bills brought over by the said brenan , which deane power , the earl of tyrones kinsman informed him of , as hereafter is treated of . in the said year this informant hath observ'd the tumultuous congregation of priests and fryers which resorted to knock-house , a house of entertainment three miles westward of waterford ; and that in the same year . this informant took extraordinary notice of it , being not a thing so usual ; but being in company with several of the said priests in the said house , and that at several times , and especially with dean power aforesaid , who was next in power to the said brenan : this informant began to enquire the reason of their publick meetings so often , it being in time of prosecution ; the said power made answer , that he would satisfie him as to that effect patron-day at kesk , which on our lady following , being within few days after the said time , which accordingly he did , as followeth ; the congregation being gathered together to confess and receive the sacrament after the popish way , one edmond power a jesuit preached a sermon , which was to let the congregation understand that they had indulgences from the pope of rome granted them , and liberty to eat flesh on wednesdays : but in the conclusion told them , there was some consideration whereupon this was granted , which the priest of every parish was to give in charge to his parishioners , at the time of confession , and proceeded no farther : on which , the priests fell to their offices , which was to confess the congregation ; and this informant being then one of that religion , this informant confessed to the aforesaid dean power : but in his confession , the said dean gave this informant in charge as followeth ; that he should not divulge to any person whatsoever on pain of mortal sin and damnation what he would impart to this informant ; which this informant promised he would not : with that he proceeded thus ; that the consideration of the aforesaid indulgence and liberty was , that whoever was in a capacity to help and assist the holy cause , designed & in hand for a long time , was to have great preferments , together with the benefit of the aforesaid indulgences which was a pardon of sins for many years ; and also that the clergy of ireland were to have the benefits and profits of the tithes accrueing out of each parish , with the gleabes and monks lands and appurtenances belonging unto them , which the hereticks did wrongfully possess for a long time : and that the french king and the rest of the popish confederates , together with the assistance of his holiness the pope , did intend imediately to invade the kingdoms of england and ireland , and doubted not but by the assistance of god , to fulfill it e're it belong , and to wash the hands of hereticks out of the estates of our ancestors , for the duke of york gives full consent and is of our side ; together with the assistance of the earl of anglesea and several other persons of quality in that kingdom , whom we are ordered to celebrate several hundreds of masses ; which he the said dean had accordingly ordered all the popish priests within his jurisdiction . after which time this informant observ'd that there were several masses celebrated in the honour of the earl of anglesea through the said county of waterford . and also the said dean said , that the earl of anglesea did indeavour that the parliament should not sit , with the assistance of the duke of york , to prevent the persecution of roman-catholicks . in october , this informant being then imployed by the earl of tyrone to tamper with mr. bourke , as is set forth in this informants former informations : the said earl shewed him a letter from his father-in-law the earl of anglesea , wherein he read , that the said earl made so many friends both in england and in ireland , that he need not fear what was laid to his charge : and that he spoke to the duke of york about the same ; which the duke promised he would . john mac namarra . the information of maurice fitz gerald , gent. taken before us john odell , and nicholas mounckton , and george aylmer , esqs ; three of his majesties justices of the peace for the county of lymerick . the informant being duly sworn on the holy evangelist , saith , that on , or about winter , , after captain thomas mac inerina return'd out of flanders and france , whither he had been imploy'd as agent from the irish gentry , there was a very great meeting at collonel peirce lacy's house at curroe , where met , besides the said collonel , the lord of brittas , molowny the popish titular bishop of killalow ; brenane the popish bishop of waterford ; duly the popish bishop of lymerick ; two jesuites , whose names this informant knows nor , sir john fitz gerald , john power son to david power late of killalow , john hurley , eustace white , john bourke of cahirmoyhill , william bourke his brother , capt. john pardon , captain thomas mac inerina , captain richard stephenson , mr. david fitz gerald , this informant , and several others whose names he remembers not : where , and at which time , the said captain mac inerina gave an accompt of the effects of his agency , and what force the french k. had promised to send over into this kingdom of ireland , which to the best of this informants remembrance was , to be about twenty thousand men , and artillery , arms and ammunition for men more , which were to be raised in munster ; and they then and there consulted how the men should be raised , and resolved , it should be by their clergy ; made computation , and appointed how many each priest should raise in his parish . and likewise appointed the officers that should command ; and says , that the lord of brittas , collonel peirce lacy , sir john fitz gerald , john mac nemarra of cratelagh , john power , captain suillivane of beerhaven , one carty and several others , were to be collonels : that john bourke of cahirmohill , was to be lieutenant collonel ; and that captain thomas mac inerina was to be lieutenant collonel or major to captain suilivanes regiment ; and that captain john pardon , captain richard stephenson , mr. john hurley , and eustace-white , were to be field-officers ; and he hath heard that mr. john anketill was to be lieutenant collonel ; and that mr. william bourke , mr. theobald dowdall , mr. oliver stephenson , mr. david fitz gerald , now in london , this informant , and several others , were then appointed captains ; and that john bourke of ardagh and several others were appointed lieutenants ; and that john dury , and thady-quin , were to be captains ; and that nicholas bourk , and many others of lymerick , were then pitched on for the surprize of lymerick , whose names at present he remembers not . and saith , that on notice from captain suillivane of beerhaven , of the french's landing there , was a massacre of all the english resolved in one night , and persons particularly assigned to the massacre or murther of every family ; and saith , that the popish servants in each family were to betray and open the doors or some other way let in those irish , and so murther the english in their beds ; and after , if they could not surprize , they were immediately to besiege lymerick ; and saith , that by reason of the emperour , the king of spain and other the confederates joyning and assisting the dutch , the french king was hindred from sending over those forces and arms he promised , and so all things were at a stand till about michaelmas . that all the fore-named persons and john mac nemarra of cratelagh , john anketill of farrihy , capt. levalin , and many others met at mr. william bourks house at lisnekilly , and continued there or days together , and that the said capt. levalin brought and produced a commission for the raising those men , and uniting them with what forces should be sent out of france and raised in other parts of the kingdom . and saith , he heard that the earl of tyrone was to be a general officer ; and collonel fitz patrick and sir william talbot were to have some great commands : and saith , that all then present at lisnekilly bound themselves by strict oaths and by an instrument under their hands and seals , to be true and faithful and stand by each other . and saith , that the plot is still going on , and that they have daily hopes of the french kings invading : and that he hath heard there was some powder lately landed in the county of clare side of the river of shannon , and that he will labour to discover it ; and saith , he hath some papers which he will peruse , and hopes by them other things may occur to his memory , which he will be ready to add to this information . and further saith , that he hath been told that david fitz gerald discovered the plot both to sir thomas southwell and john pigot , esqs ; and this informant saith , that in case this information should be known , he and his family are in danger of being murdered . maurice fitz gerald. taken before us this decemb. . john odell . nicho. mounckton . george aylmer . the deposition of james nash . james nash of the county of lemerick , deposeth , that about four years ago , captain john purden , after he had heard mass , took this deponent aside , and after several inconsiderable discourses , questioned this deponent why he did not go into france , being the onely place to improve him , and make him a compleat man , for that there were like to be troublesome times , and there would be want of such improved men. but being no further pressed at that time , this deponent took little notice thereof . soon after , this deponent being at mass in the said purden's house , burgatt a priest applyed himself to this deponent much after the manner purden had formerly , and in conclusion , commanded this deponent to go to captain thomas mac everie's house , for there he had somewhat material to impart unto him : and immediately after they had dined , there the said mac everie took this deponent aside , and after having sworn him to secresie , discoursed with him as followeth . you know , saith he , that the king at breda before his restauration , promised the irish gentry to restore them to their estates and religion , but since this is not performed , we have designed to cast off the english bondage and free our selves from their slavery , and to recover our estates and religion . when this is done you shall have your fathers and uncles estates in lieu of your services , for i intend you shall be my own lieutenant , for i am to have a regiment , by which means i shall have an opportunity to advance you ; for the king of france hath promised us aid of ten thousand men and twenty thousand arms to carry on the design . at this time the said mac everie gave this deponent a case of pistols and about thirty shillings in money , to carry letters to collonel ossulivan at beer-haven , and directed him , that if this deponent should be questioned on the way , to declare he belonged to the army ; accordingly this deponent delivered his letters , and returned with answers , pursuant whereunto , captain everie went to captain purdens house , where was a great meeting of the popish gentry of the country , who rejoyced much at the answer of the said letters , but what they were this deponent knoweth not , but that at that time they were sworn to seceresie upon a great book , which this deponent thinks was the life of the saints , viz. john purden , thomas mac everie , eustauce vvhite , john hurley , john bourke , with many others , which this deponent hath forgot at present . that there were several other meetings sometimes at mac everie's , sometimes purdens , where they usually drank a health to the prosperity and good success of the design ; after which they all kneeled down and said an ave maria , with other prayers . that this deponent going another time to beer-haven with letters , saw in the harbour a french man of war , who as this deponent was informed , came on purpose to sound the harbour and to try the peoples minds and the posture of their assistance , if there were an occasion . upon this deponents returning to mr. everies with an answer , there was another great meeting of the gentry , and great rejoycing at the said sullivanes answer . not long after this , the deponent went again to sullivane , but at his return with letters their countenances were much changed to what they were formerly ; for this deponent was given to understand , that the french king being involved in a war with the emperour and spaniard , could not possibly spare those assistances he had formerly promised , for that he rather wanted men to supply his own army , so that for a long time this affair slept , having no encouragement from abroad but of late , by the industry of the priests and some other great agents , their designs begin to take life again , having assurance that the french king being at peace with his neighbours will in a short time make good his promise as to his former intended aid . that this deponent reflecting with much reluctancy on the sad subject he was engaged in to the ruine of the nation , applyed himself to father brodeene the parish priest , and in confession desired to be absolved of his so heinous offence in being assistant to the disturbance of the kingdom ; upon which the said priest bitterly curst him , commanding him to secresie , and that if he did desist from carrying on the design , he should be eternally damned . some little time after , this deponent being from home , had his house broken open , rob'd of his money , the aforesaid pistols , and all his papers wherein he had kept a catalogue of all the names , and the precise times of their several meetings , swearings , &c. by which this deponent guesses that the priest had acquainted them with his confession . the message from the lords to the commons . january the th . . resolved , by the lords spiritual and temporal , and in parlirment assembled , that they do declare that they are fully satisfied that there now is , and for divers years last past there hath been , a horrid and treasonable plot and conspiracy contrived and carryed on by those of the popish religion in ireland , for massacreing the english , and subverting the protestant religion , and the ancient establish'd government of that kingdom , to which their lordships desire the concurrence of this house . the resolution of the commons , upon the consideration of the said message . january the th . . resolved , that this house doth agree with the lords in the said vote with the addition of these words , that the duke of york being a papist , and the expectation of his coming to the crown hath given the greatest countenance and encouragement thereto , as well as to the horrid popish plot in this kingdome of england . finis . a letter from a member of the army, to the committee of safety, and councell of officers of the army that they may do that which is required of them to be done, that the lord may delight to dwell among them and do them good, that they may not be over-turned as others, who have served themselves, and not the lord. hodgson, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from a member of the army, to the committee of safety, and councell of officers of the army that they may do that which is required of them to be done, that the lord may delight to dwell among them and do them good, that they may not be over-turned as others, who have served themselves, and not the lord. hodgson, john, d. . p. printed for giles calvert ..., london : . attributed to john hodgson by nuc pre- imprints, and to mr. hodgson by wing. signed at end: john hodgson. reproduction of original in the harvard university library. eng england and wales. -- army -- moral conditions. great britain -- history -- puritan revolution, - . a r (wing h a). civilwar no a letter from a member of the army, to the committee of safety, and councell of officers of the army, that they may do that which is require hodgson, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a member of the army , to the committee of safety , and councell of officers of the army , that they may do that which is required of them to be done , that the lord may delight to dwell among them , and do them good ; that they may not be over-turned as others , who have served themselves , and not the lord . london , printed for giler calvert● at the black-spread-eagle near the west end of pauls , . a letter from a member of the army , to the committee of safety , and councell of officers of the army , &c. dear friends , whom the lord hath yet spared , as a remnant amongst thousands , and hath not spared many before you , who brought not forth fruits worthy of those extraordinary kindnesses and mercies that have been received from the hands of our loving god , whose intents was not hereby , and in overturning many , and sparing you , that you should lust after what they lusted , nor set up your selves as others before you did , by making your selves great , rich , and honorable in this world ; nor flatter one another , as others did with the titles of the heathen , who profest that which you do , nor to be friends to the saints of the most high , as you professe your selves to be , and are reserved as a handfull for the setting up of truth , righteousnesse , justice , and mercy , in these nations ; and for the preservation and protection of just men , from all violence and injury which hitherto you have not done : and one ground wherefore you so pleaded , was , because you wanted power ; your plea in that is voyd , and the lord hath overturned once more that you might have power ; now is your tryall come again ; it s not your words ( any more then those that are gone before ) that will satisfy . your adversaries in scotland , and elsewhere , have learnt faire words , and glorious pretences : your words without fruits are vain ; yet is our hearts more enclined to hearken to you , because w● know theirs many among you have a great love to gods people , and true desires begot in some to do well , if you would not hearken to your home-councellors that stifles before brought forth ; the door is yet open to you , that ye may return , wash , and be clean ; now thinke with your selves , while ye are seeking to please the world , by upholding of those things that they love , as lordly titles , whereby the children of this world love to please and flatter one another , with humble servant , excellency , highnesse , honour , worship , and the like , when they are the divels servants , and would destroy one another for earth and titles , having not truth in the heart : neither do you imitate the heathen in their foolish habits , behaviours , customes , oppression , pride , lightnesse , scoffing , and the like , with curious fine words whereby many simple hearts are deceived : for if herein you be found the same men many were under oliver , richard , and the late parliament ; and little alteration or change wrought in you , whereby you come to see the vanity of what you have been , as to your old conversations ; if here you stand , and come not to witnesse a change from what you were , that the minde , and will of our god , you may know , and do that to all whom god hath set you over as rulers , you become savoury , in all meeknesse , self-deniall , and lowlinesse of minde , as becometh those whom make mention of his name , in that which is truly vertuous , excellent , noble , rightly , and truly honourable , that in the reality you may be , not puft up with what you are not , that to our god you may give praise , who makes to differ , that your praise may be of god , and not of men , who giveth every good and perfect gift ; praises to him . and the blessing is upon them which seeks the honour of god , and not its one : in the world there are many lords , and gods , but we , who in measure , are not of the world , have but one god , and lord , eph. . . and happy shall you be , if faithful to the lord● for then shall his worke prosper in your hands , and peace , and settlement shall attend you , and wonderfull shall the lord appeare amongst you , as of old , and nations shall bow before you ; but if still you remaine in the nature which promises liberty to others , and you your selves servants to sin , and corruption , then will not you be accounted worthy , for the bringing forth of those glorious things , that you your selves promise , and thousands of your dear friends expects : and loath are we to see you , whom the lord hath so often tryed , and visited by his love , to be made as a thing of nought , even as others before you , through their own fearfulnesse : for how should you , if you yet flatter the lying hirelings of this nation , by your personall confirmity to them , and their mother , their two blind eyes , and offspring of filth , the two vniversities , so called , from whence they have learned a trade to deceive , lye , dissemble , and commit all manner of wickednesse , where they have their degrees of master-ship ? o the stinck that arises from them , is reached up to heaven , and cryes for vengeance , and they are come with all their train of stareliness , in remembrance before the lord ; and just is he that judges the issuings out of these two filthy wells ; and happy are they who take part with the lord , ( who cryes vengeance , woes , and plagues , which hath been brought forth from thence ) to raise her foundation , and lay her waste , for all her wisdome is foolishnesse , and with it the prince of this world hath alwayes crucified by it the lord of life ; and the prince of this world rules there , and makes men wise to their own destruction ; it s known , and felt ; and schools we need not to learn our children blasphemy , pride , covetousnesse , lordlinesse , with cunning witch-craft ; for they are apt enough to learn such things without being trained up to them , though learning ( in its place ) we own : but these are not christs schools , nor fit men , or persons for him , and his work , but rather to scourge , whip , and persecute his servants , who are made ministers not by man , nor mens arts , by cunning craft . now if these things be kept up , the woes and vengeance of god will pursue the upholders , yea verily , will root out those that may root out iniquity , and will not ; this shall be known . therefore beware what ye do , that establishment ye may come to , the way , is for your selves to be establish'd in that which changeth not , out of the transgression , then shall you establish that in the earth which shall stand , and be firme unto which truth shall say amen to you , and your work ; and all nations , and powers , that lift themselves up against the established in the power of the lord , shall be dasht in pieces , and come to nought , the lord god of hosts hath spoken it ; then shall you come to know the true right , honour , and those that feare the lord , will be highly in esteem with you ; and god , then of a truth , shall dwell amongst you , and delight to do you good ; and a terour to all about you , shall you be : herein have i exprest my love to you , as my dear friends , whom i would not have to perish , even as the lord hath declared to me , i have declared to you , what was required of me , without feare of the dispeasure of any . therefore my deare friends , prize your time , and examine your hearts , that you may know what is the good , and acceptable will of our god , to do it , that we may all with hand , and heart , go along with you , and helpe to carry on the lords worke , that over all he may rule , whose right it is , and you in him a terrour may be to all ungodlinesse , and unrighteousnesse of men , who hold the truth in unrighteousnesse , and a praise to those that do well . and friends , now doth the bloud and sufferings of the lords dear ones , which you professe to be friends to , lay at your doors , you having power , and hath been laid before others in authority , but they regarded not ; therefore did not the lord regard them : and now if you make a confederation with those that hath drunk the bloud of the saints , spoiled their goods , and inhumanely , and barbarously hath used them , and not make strict inquisity , that justice may be done upon the impenitent , and hard-hearted : then will the lord charge it upon you , and will not hold you guiltlesse who countenance these that are guilty of blood , oppression , and injustice 〈◊〉 then ●hall you not prosper , ●or be clear before the lord , till you have acquitted your selves of all the blood , and sufferings of his people , that the lord may acquit you , and his people have cause to say , you are partakers with the blood-suckers , by wincking at their iniquities . i have discharged my self before the lord , in love to you all what is required of me ; and if you will be partakers of their sinnes , of their plagues you must have part , in that which altereth not . i wish you well . given forth the th . day , of the th . moneth . from a member of the army , who wishes them well , but a witnesse in measure , against all deceit therein , john hodgson . the end . a full declaration of the true state of the secluded members case. in vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in parliament, against the vote of their discharge, published in print, jan. . . by their fellow members. compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by red-coats. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a full declaration of the true state of the secluded members case. in vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in parliament, against the vote of their discharge, published in print, jan. . . by their fellow members. compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by red-coats. prynne, william, - . [ ], , [ ] p. printed, and are to be sold by edward thomas, at the adam and eve in little britain, london : . attributed to william prynne. includes a list of the secluded members. annotation on thomason copy: " . jan: "; the imprint date has been crossed out. reproduction of the original in the british library. eng england and wales. -- house of commons. -- parliament -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a full declaration of the true state of the secluded members case.: in vindication of themselves, and their privileges, and of the respecti prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a full declaration of the true state of the secluded members case . in vindication of themselves , and their privileges , and of the respective counties , cities and boroughs for which they were elected to serve in parliament , against the vote of their discharge , published in print , jan. . . by their fellow members . compiled and published by some of the secluded members , who could meet with safety and conveniencie , without danger of a forcible surprize by red-coats . mal. . . have we not all one father ? hath not one god created us ? why do we deal treacherously every man against his brother , by prophaning the covenant of our fathers ? cor. . . nay , you do wrong and defrand , and that your brethren . london printed , and are to be sold by edward thomas , at the adam and eve in little britain . . a full declaration of the true state of the matter of fact , concerning the secluded members of the house of commons of the parliament , begun at westminster , november d. . for the clearer stating of their case , it will be necessary to have a retrospect to the year . and to observe down-wards such proceedings , as had a direct influence upon this matter . in order whereunto it must be considered , that in the said year , some mis-understandings arising between the king , and his two houses of parliament , concerning some evil counsellors about the king , at which style his m●jesty took offence , the two houses in their a declaration of the . of may . have this expression in answer thereunto , we his majesties loyal and dutifull subjects , can use no other style , according to that maxim in the law , the king can do no wrong : but if any ill be committed in matter of state , the council ; if in matters of justice , the judges must answer for it . they add further , b we cannot but justly think , that if there be a continuance of such i●l counsellors , they will by some wicked device or other make the bill for the triennial parliament , and those other excellent laws passed this parliament , of no value ; and we are resolved , the gracious favour of his majestie expressed in that excellent bill , for the continuance of this parliament , and the advantage and security which thereby we have from being dissolved , shall not incourage us to do any thing which otherwise had not been fit to have been done . and after by their c remonstr : of the of may . they gave this as a character of those evil counsellors , viz. these are the men that would perswade the people , that both houses of parliament containing all the peers , and representing all the commons of england , would destroy the laws of the land , and liberties of the people : wherein , besides the trust of the whole , they themselves in their own particulars , have so great an interest of honour and estate , that we hope it will gain little credit , with any that have the least use of reason , that such as must have so great a share in the misery , should take so much pains in the procuring thereof ; and spend so much time , and run so many hazards to make themselves slaves . and they conclude that declaration with these words : we doubt not but it shall in the end appear to all the world , that our endeavours have been most hearty and sincere , for the maintenance of the true protestant religion , the kings just prerogatives , the laws and liberties of the land , and the privileges of parliament : in which endeavours by the grace of god we will still persist , though we should perish in the work : which if it should be , it is much to be feared , that religion , laws , liberties and parliaments , would not be long lived after vs . jealousies and differences increasing between the king and the two houses , they came at length to an open war ; in the entrance whereunto , the lords and commons assembled in parliament , published a declaration in aug. . in the preamble whereunto they assert ; d that a malignant party was then in armes against them , to the hazarding of his majesties person , and for the oppression of the true religion , the laws and liberties of this kingdom , and the power and privilege of parliament : all which every honest man is bound to defend ; especially those who have taken the late protestation , by which they are more particularly tyed unto it , and the more answerable before god should they neglect it . and finding themselves engaged on a necessity to take up armes likewise for the defence of those , which otherwise must suffer and perish ; they did then think fit , to give that account unto the world , to be a satisfaction unto all men , of the justice of their proceedings , and a warning to the people , to let them see the necessity and duty which lay upon them to save themselves , their religion and country . in the body of the e declaration they charge the malignant party , with an endeavour to possess the people , that the parliament will take away the law , and introduce an arbitrary government ; a thing which every moral man abhors , much more the wisedom , justice , and piety of the two houses of parliament ; and in truth such a charge , as no rational man can believe it , it being impossible so many several persons , as the houses of parliament consist of , about * . and in either house all of equal power , should all of them , or at least the major part , agree in acts of will and tyranny , which make up an arbitrary government ; and most improbable , that the nobility , and chief gentry of this kingdom , should conspire to take away the law , by which they enjoy their estates , are protected from any act of violence and power , and differenced from the meaner sort of people , with whom otherwise they would be but fellow-servants . they then further charge the said malignant party f to have combined to bury the happiness of the kingdom , in the ruine of the parliament , and by forcing it , to cut up the freedom of parliament by the root , and either take all parliaments away , or which is worse , make them the instruments of slavery to confirm it by law , and leave the disease incurable : with compelling the trained bands by force , to come in and joyn with them , or disarming them , and putting their arms into the hands of lewd and desperate persons , thereby turning the arms of the kingdom against it self ; and with an intention to destroy the parliament , and be masters of our religion and liberties , to make us slaves , and alter the government of this kingdom , and reduce it to the condition of some other countries , which are not governed by parliaments , and so by laws . and upon these grounds they conclude that declaration in these words . g therefore we the lords and commons are resolved , to expose our lives and fortunes for the defence and maintenance of the true religion , the kings person , honour and estate , the power and privilege of parliament , and the just rights and liberties of the subject . and for the prevention of this mischievous design , the alteration of our religion . and we do here require all those who have any sence of piety , honor or compassion ▪ to help a distressed state , especially such as have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come in unto our aid and assistance , this being the true cause for which we raise an army , under the command of the earl of essex , with whom in this quarrel we resolve to live and dye . and in the declaration and resolution of both houses , in answer to the kings proclamation against the h earl of essex , they have these words , viz. and whereas the lords and commons in parliament , did formerly choose the earl of essex to be captain general of such forces as are or shall be raised for the maintenance of the true protestant religion , the kings person , the law of the land , the peace of the kingdom , the liberty and propriety of the subject , and rights and privileges of parliament ; the said lords and commons do declare , that they will maintain and assist him , and adhere unto him the said earl , with their lives and estates in the same cause , as in conscience and duty to god , the king and their country , they are bound to do . and the i petition of both houses sent to the king by the earl of essex , when he marched in the head of the parliaments army saith , that they have for the just and necessary defence of the protestant religion , of his majesties person , crown : and dignity , of the laws and liberties of the kingdom , and the privilege and power of parliament , taken up arms . the two houses of parliament having thus taken up arms , and declared the cause thereof , no successe made them in the least to vary from it ; but in the very heat of the war , and whole prosecution thereof to the end , they asserted and adhered to the same cause , as appears in all their remonstrances , declarations , orders and ordinances , during the war : which being over-tedious to transcribe at large , some material passages to that effect , shall only be inserted , viz. in the k directions from both houses , given to the earl of essex , general of the army ; the cause is asserted to be , in defence of religion , his majesties person , the liberties and laws of the kingdom , and privilege of parliament and in the l declaration , and protestation of the lords and commons in parliament to this kingdom , and to the whole world , dat. octob. . . ( a day before the battel of edghil , ordered to be read in all churches and chapels ) wherein they expresse their resolution , to enter into a solemn oath and covenant with god , they conclude with these words , viz. we doubt not but the god of truth , and the great protector of his people , will assist and enable us , in this our just defence , to restrain the malice and fury of those that seek our ruine , and to secure the persons , estates , and liberties of all that joyn with us : and to procure and establish the safety of religion , and fruition of our laws and liberties , in this and all other his majesties dominions ; which we do here again professe before the ever-living god , to be the chief end of all our councils and resolutions , without any intention or desire to hurt or injure his majestie , either in his person or just power . and whereas in the m kings proclamation of the . of octob. . it is alledged , that the war raised against him , was to take away his life , to destroy his posterity , to change the protestant religion , to suppresse the law of the kingdom , and to take away the liberty of the subject , and to subject both to an arbitrary power ; and in one of his majesties declarations ▪ there was this allegation , that the army raised by the parliament , was to depose the king ; thereupon both houses of parliament in a declaration after the bloody battel of edghill , in answer to this charge and declaration , have these words , n we hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandal , especially when they must needs know the protestation taken by every member of both houses , whereby they promise in the presence of almighty god , to defend his majesties person ; the promiss and protestation made by the members of both houses , upon the nomination of the earl of essex to be general , and to live and dy with him ; wherein is expressed , that this army was raised for the defence of the kings person . and in the same declaration , they rejoyce that his majestie , and his children escaped danger in that battel . in the o remonstrance of the lords and commons of the d . of nov. . there is this passage . as god is witnesse of our thoughts , so shall our actions witnesse to all the world , that to the honour of our religion , and of those that are most zealous in it , we shall suffer more from and for our soveraign , than we hope god will ever permit the malice of wicked counsellors to put us to ; and though the happiness of this and all kingdoms dependeth chiefly upon god , yet we acknowledge that it doth so mainly depend upon his majestie , and the royal branches of that root , that as we have heretofore , so we shall hereafter esteem no hazard too great , no reproach too vile , but that we shall willingly go through the one , and undergo the other , that we and the whole kingdom , may enjoy that happiness which we cannot in an ordinary way of providence expect from any other fountain or streams , than those from whence ( were the poyson of evil councils , once removed from about them ) we doubt not but we and the whole kingdom should be satisfied abundantly . the same remonstrance also hath these words . p we do not say the royal assent is not requisite in the passing of laws , nor do , or ever did we say , that because his majestie is bound to give his consent to good laws , presented to him by his people in parliament , that therefore they shall be laws without his consent , or at all obligatory : saving only for the necessary preservation of the kingdom , whilst that necessity lasted , and such consent cannot be obtained . and again , (q) we did and do say , that the soveraign power , doth reside in the king , and both houses of parliament . it follows in the same remonstrance , r having the honour of god , and of his majestie , and the peace , freedom and prosperity of this kingdom , chiefly before our eyes in our propositions , and in all our actions , we rest assured , that both god and man , will abhor and abominate that monstrous and most injurious charge , laid upon the representative body of this whole kingdom , of desiring the ruins , not only of his majesties person , but of monarchy it self : and we appeal to all the world , whether worse words than these can be given us ; and whether it be not high time for us to stand upon our defence , which nature teacheth every man to provide for , and this kingdom ( unlesse it be very unnatural , and very unmindfull of it self ) cannot but afford to them , whom it hath intrusted , and by whom it is represented ; and if the major part of both houses , may sit free from force , we doubt not , but that they will not only make it good , that they have done themselves and the whole kingdom right in their de●larations , and offered no wrong , nor done any prejudice at all to his majestie , but also be very sensible of the great indignity offered to the representative body of this whole kingdom , by the contrivers of the kings answer , and will make such persons ( that delight to foul their own nests , and to cast dirt in the face of the kingdom ) instances of their exemplary justice , so soon as they shall be discovered , and brand both them and their doctrin with the marks of their perpetual scorn and indignation . and for a tast of their horrid doctrine , these particulars are mentioned from the declaration , that remonstrance answers , viz. s that his majestie , or any other person , may upon suggestions and pretences of treason , felony , or breach of the peace , take the members of parliament , out of either house of parliament , without giving satisfaction to the house whereof they are members , of the ground of such suggestion or accusation , and without and against their consent , so they may dismember a parliament when they please , and make it what they will , when they will . that the representative body of the whole kingdom , is a faction of malignant , scismatical and ambitious persons , whose design is and alwaies hath been , to alter the whole frame of government , both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person , and of monarchy it self , and consequently that they are traytors , and all the kingdom with them ( for their act is the act of the whole kingdom ) and whether their punishment and ruine may not also involve the whole kingdom in conclusion , and reduce it into the condition of a conquered nation ; no man can tell , but experience sheweth us , that successe often draws men not only beyond their professions , but also many times beyond their intentions . likewise in the t declaration of both houses , dated novemb. . . for the encouragement of the apprentices , to list themselves under the earl of warwick , the cause is declared to be , for the defence of religion , and liberty of the kingdom , his majesties royal person , the parliament , and the city of london . in the u declaration of the lords and commons of the th . of december , . the parliaments army is said to be raised for the necessary defence of the true protestant religion , the king , parliament and kingdom . and in the x declaration of both houses concerning a treaty of peace made by cheshire alone , it is held forth , that they ought not to withdraw themselves from the common cause , but to joyn with the parliament in the defence of the religion , and liberty of the whole kingdom , and with them to labour by all good means to procure a general peace and protection from the king for all his subjects , according to their general protestation . in like manner in the y declaration of the th . of january . for a subscription of mony and plate for supply of the army , the cause of the war is expressed to be , for the preservation of religion , as well as the just and undoubted power and privilege of parliament , our laws and liberties from most apparent destruction . and in the z preamble to the propositions of both houses tendred to his majesty , fe●r . . . they say , that they took up arms for the defence of our religion , laws , liberties , privileges of parliament , and for the sitting of the parliament in safety . likewise in the first a ordinances for a general weekly assesment , wherein the whole kingdom was to be satisfied , that they might freely pay their mony , the same cause is held forth . the b associations also of the several counties of the kingdom were setled for the same cause . in the year . c the solemn league and covenant was taken by all members of parliament , and throughout the kingdom , in maintenance of the same cause , as appears by the covenant , and the exhortation to the taking of the same . the kingdom of scotland engaged with us in the same cause . and all d commissions to the generals and army-officers were in the name of king and parliament . and when a new army was raised of . men under the command of sir tho. fairfax , by e ordinance of both houses dated the th . of febr. . it is held forth to be , for the defence of the king and parliament , the true protestant religion , the laws and liberties of the kingdom . an ordinance , dated . aug. . for raising of forces to be commanded by sir william waller , is for defence of the king , kingdom , parliament and city . lastly , ( to mention no more ) towards the end of the war the house of commons alone published a memorable f declaration , dated the th . of april , . called , a declaration of their true intentions concerning the antient government of the kingdom , and securing the people against all arbitrary government , &c. wherein remembring the aspersions cast upon them in the beginning of the war , and that the same spirits were still working and mis-representing their intentions , and not ceasing aswell in print as otherwise , to beget a belief , that they then desired to exceed or swerve from their first ayms and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdoms , and that they would prolong the troubles and distractions in order to alter the fundamental constitution and frame of this kingdom , to leave all government in the church loose and un●etled , and our selves to exercise the same arbitrary power over the persons and estates of the subjects ▪ which this present parliament hath thought fit to abolish , by taking away the star-chamber , high commission ▪ and other arbitrary courts , and the exorbitant power of the council-table ; all which being seriously considered by them , and fore-seeing , that if credit were given to such dangerous in●inuations and false surmise , the same would not only continue the then calamity , and involve us into new and unexpected imbroylments : but likewise inevitably endanger the happy issue and success of their endeavours , which by gods blessing they might otherwise hope for ; they did declare in these words ; we do declare , that our true and real intentions are , and our endeavours shall be , to settle religion in the purity thereof , according to the covenant , to maintain the antient and fundamental government of this kingdom , to preserve the right and liberty of the subject , to lay hold of the first opportunity of procuring a safe and well-grounded peace in the three kingdoms , and to keep a good understanding between the two kingdoms of england and scotland , according to the grounds expressed in the solemn league and covenant , and treaties , which we desire may be inviolably observed on both parts . and lest these generals should not give a sufficient satisfaction , they thought fit , to the end men might be no longer abused in a misbelief in their intentions , or a mis-understanding of their actions , to make further inlargement upon the particulars , most worthy a diligent peru●al and consideration . amongst which they have this observable passage , viz. and whereas a safe and good peace is the right end of a just war , there is nothing we have more earnestly desired , nor more constantly laboured after , and to that purpose both houses of parliament have framed several propositions to be sent to the king ; wherein we are so far from altering the fundamental constitution and government of this kingdom , by king , lords and commons , that we have only desired , that with the consent of the king such powers may be settled in the two houses , without which we can have no assurance , but that the like or greater mischiefs than these , which god hath hitherto delivered us from , may break out again , and ingage us in a second and more destructive war . whereby it plainly appears , our intentions are not to change the antient frame of government within this kingdom , but to obtain the end of the primitive institution of all government , the safety and weal of the people . and then that declaration concludes thus , and for the covenant , we have been and ever shall be very carefull to ob●erve the same , that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , nor will we depart from those grounds and principles upon which it was framed and founded . this decl. was then indeed of that moment , to quiet the jealousies , and settle the distempers of the kingdom , g that of them were ordered to be printed for the use of the parliament . and the knights and burgesses ordered , to take care for the speedy sending down and publishing them in the respective counties and places for which they ●erved . and by special order of the house , sir arthur has●erig , sir john eveling , and two others , were to take care that the printed declarations were published , set up , and ●●xed in every parish-church by the church-wardens , or other officers of the said parish , which they were by the said order required and enjoyned to ●ee published , set up and fixed in the said parish-church accordingly . way being thus made to the narrative and treaty , we proceed . the two houses of parliament , having thus for the space of six years or thereabouts , been ingaged in a war , for the defence and maintenance of the protestant religion , the kings person , honour and estate , and his royal posterity , the power and privileges of parliament , and the laws and liberties of the kingdom , as appears by all their said declarations , orders , ordinances and publick writings , in the prosecution wherof , they did also declare , * that there was a design carried on by the forces levied against the parliament , to alter our religion , and the antient frame and constitution of the government , both in church and state , and the laws and liberties of the kingdom , and to introduce popery and idolatry , together with an arbitrary form of government . and having in the heat of the war , sent propositions several times , and entred into divers treaties with his late majesty , for a safe and well-grounded peace , which had not the desired effect ; at the cloze of the war , finding the distempers of the kingdom continued , though all adverse armies and garrisons were reduced , and well remembring , that in the begining of the war , they had called god to witnesse , that the safety of the kingdom and peace of the people was their only aime ; they did in july . resolve upon a personal treaty with the king , the general desires of the city of london , and the rest of the people concurring therewith . and in pursuance thereof , the commons assembled in parliament , that they might have a full house , published the following declaration . die martis . septembris . a declaration of the commons assembled in parliament , concerning the summoning of the members to attend the house on tuesday the . of septemb. . whereas , both houses of parliament have agreed upon a personal treaty with his majestie , which is speedily to commence , for the management whereof , the * attendance of all the members of parliament , wil be very necessary , because in the multitude of counsellors there is safety , and in the successe thereof , the alaying of the present distempers , and future happinesse of this kingdom , is so highly concerned ; it is therefore ordered and declared by the commons assembled in parliament , that the respective sheriffs of each county , within the kingdom of england , and dominion of wales , do forthwith upon receipt hereof , give particular notice to all the members of the house of commons , residing and being within their respective counties , to attend the house on tuesday the th . septemb under the penalty of twenty pounds , fixed upon the defaultors ; that day being appointed for calling of the house . the members attended from all parts accordingly , and there were appointed the earls of northumberland , pembrook , salisbury , middlesex , and the lord say , for the lords house ; and mr. william pierpoint , sir henry vane , junior , and eight more of the house of commons , commissioners to carry on the treaty with his majestie , at the isle of wight ; who took great pains therein , and finished the treaty by the end of november . and on december the first , the commissioners of the house of commons , made their report of the treaty in the house ; who presently entred into debate thereof , and continued the debate , dec. d . d. th . & th . when after a long , and serious debate , in a full house ( notwithstanding the menaces of the army , who had marched up to london , and westminster , contrary to the orders of the house , removed their own guards , and put new ones upon them , and their insolent and rebellious declaration of the th . of novemb. . ) they came to this resolution , without any division of the house , viz. die martis . decembris . resolved upon the question , that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon , for the settlement of the peace of the kingdom . the just grounds and reasons of which vote , do partly appear in all the forecited declarations , and proceedings of both houses during the war , the oaths , protestation , league and covenant , they took as members ; the writs by which they were elected , and the indentures by which we were returned , impowered , intrusted ; but more particularly in the vindication of the imprisoned and secluded members of the commons house , from the aspersisions ●ast upon them , and the majority of the house , in a printed paper of the gen-council of officers , jan. . in answer to the demands of the commons assembled in parliament , concerning the securing or secluding the members , jan. . . and * much more might be added , if that were our present work ; but intending a bare narrative of matter of fact , we proceed . the same day the house appointed a committee , viz. mr. william peirpoint , and others to go to the officers of the army for the preserving of a right understanding and good correspondency between the house , and the general and army . the committee repairing to the head quarters that afternoon , were so rudely entertained , that some of them were secured by the army-officers , and the rest put off and slighted without any conference that day . the members comming in the usual manner to the house on wednesday the . of dec. the army-officers ( contrary to orders of the house ) having sent divers regiments of horse and foot early in the morning to westminster in a hostile manner , they placed themselves in the palace-yard . court of requests , the hall , court of wards , the stairs , and the lobby of the house , and all the avenues , to imprison and seclude those members who assented to the vote ; colonel pride and other officers who commanded the guards having in their hands an alphabetical list of the members names designed to be secured and secluded , given them ( as they confessed ) by some of the d●ssenting members , above forty of them were imprisoned , and above a hundred more of them forcibly secluded that very day , and the next , and * two pulled out of the house it self , into which they were got before the officers espyed them . the . members they had seised ( being the legal number of a house capable to vote ) they secured that day in the queens court , and afterwards for several daies ; using them in a barbarous and inhuman manner , forcing them the first night ( though divers of them grave aged persons of quality , and tenderly bred , ) in that cold frosty snowy weather , to lye upon the bare boards , in a place called h●ll in westminster , and next night ( after a whole daies attendance on them at whitehall , without vouchsafing to speak with any of them , though sent for & carried ●hither to confer with them ) sent them prisoners to the kings head and swan in the strand , through the snow and di●t , guarded with three musquiteers apiece , and horse besides , like the vilest felons and traytors , in such sort as no prisoners of war , of any quality , were ever used by them , and detained most of them prisoners sundry weeks at the said common● innes , though many of them had houses of their own in town , sendi●g some of them close prisoners to st. james , and afterwards to windsor castle , and other garrisons divers years space , without the least particular accusation , impeachment , hearing or tryal , their dissenting fellow-members the● sitting , not so much as compassionating their barbarous usages , or taking any effectual course for their inlargement . those few members permitted by the army to fit , dec. ● . had ye● so much seeming resentment of this greatest and most horrid violation of the privileges of parliament , ever attempted in any age , that as it appears in the iour●all of the house , wednesday the sixe of december , . the house being informed , that divers members comming to attend the house were stayed and carryed to the queens court or court of wards , commanded the serj●ant to go to them , and require them to attend the hou●e . mr. 〈◊〉 brings word , that he signified to the members in the queens court , viz. that it was the pleasure of the house , that they should forthwith come and attend the house : the members seemed willing to consent , but an officer there gave him this answer , that he could not suffer them to come , untill he had received his orders which he had sent for . the same day lieut. col. axtel , & others coming with a message from the general , they were twice called in , and acquainted the house , that his excellency the lord general , and the general council of officers had commanded them to acquaint the house , that they had something to declare to this house this morning , of very great concernment , which will be presently ready for their view . this seems to be a message sent to prevent the house rising before they came , their proposals not being yet ready . mr. speaker returned answer ; that the house will be ready to receive it . some space after , the officers from the general , coming to the door , they were called in , and * col. whaley acquainted the house , that they were commanded by his excellency the lord general , and the general council of the officers , to present something to this house , the which the officers being withdrawn was read , and was directed , to the honorable the commons of england , in parliament assembled , and entituled ; the humble proposals and desire of his excellency the lord general , and the general council of officers , decemb. . . in order to a speedy prosecution of justice , and the settlement , formerly propounded by them . the said proposals were ushered in with two words , propound and demand , language unfit for a parliament , and stuft with falshoods , and unjust scandals against the imprisoned and secluded members ; and chiefly they took particular notice of the vote of the said . of decemb. charging the said members with breach of trust therein , and desired , that all such faithfull members , who are innocent of the said vote , would immediatly by protestation or publick declaration , acquit themselves from the guilt of concurrence in the said vote , that the kingdom may know who they are that have kept their trust , and distinguish them from the rest , that have thus falsified the same ; and that all such , as cannot or shall not so acquit themselves particularly , may be immediatly excluded and suspended the house , and not re-admitted , untill they shall have given clear satisfaction therein , to the judgement of those who now so acquit themselves , and the ground of such satisfaction be published to the kingdom . notwithstanding these proposals , the house then resolved that the committee formerly appointed , do confer with the general for discharge of the members . thursday the th . of december . ( as appears by the entries in the journal ) a letter from sir thomas dacres , and mr. dodderidg , dated the same day , half an hour past . in the morning , was read in the house , signifying , that coming to attend the house to do their duties , they were kept back by force . the like signification was made of the like usage to sir edward partridge . also a letter from westminster , th . decemb. . from sir martin lumley , sir john temple , george booth , thomas waller , thomas middleton , mr. brampton gurdon , esay thomas , and arthur owen , signifying their restraint from coming to the house , to do their duty there , by some of the souldiers of the army . the same day mr. pierpoint delivers in two papers from the conference with the general , appointed by order yesterday , for the discharge of the members , the which were read , viz. the committees first paper . vve having command from the house of commons , to let y●ur excellency know , that divers members of the ▪ house of commons , are this day taken and detained by your excellencies army : it is their pleasure , that they be discharged , for which we desire your excellencies present order , that it may be done accordingly . the general , and general council of officers answer . having seen the order , upon which your last paper is given in , we do not conceive it to be the * positive pleasure of the house , that the members be discharged ; but concerning their discharge , for which you are appointed to confer , so soon as we shall receive the resolution of the house , upon that paper , this day sent in by us to the house , which concerns those persons detained , we shall then be prepared , to give you answerable satisfaction , in relation to that particular . the committees second paper . in answer to your paper of the sixt of decemb. instant , now delivered , wherein you do refer to a paper , sent by you to the commons , we affirm , that since the reading of that paper by the house , it was exprest by them to be their positive pleasure ▪ that the members of that house , this day taken and detained , by some of the officers and souldiers of the army under your excellencies command be forthwith discharged and therefore we do insist that according to our former paper , the said members be forthwith discharged the general council of officers final answer . in return to your last paper , concerning your insisting for the discharge of the members , we refer to our former answer , and have no more to say to that particular , till we receive the resolutions of the house upon our paper this day sent to them , decemb. . . the house being thus twice ba●led and positively disobeyed by the officers , did nothing hereupon : yet these demands of their release notwithstanding the armies proposals and papers , evidence , that they did not deem their vote , any ●reach of their trust , or just ground for their seclusion . after this , several attempts were made by divers members , which the army still suffered to sit , viz. william pierpoint , esq sir john evelin of wilts , william ashurst , esq mr. nathaniel stephens , and many others , to have the so highly broken privileges and freedom of parliament vindicated , and pressed hard , that * according to the constant course of parliament , no proceedings might be till that were first done ; but labouring many daies in vain , and finding the force continued upon the house , and secluded members , they also withdrew , and never sat since . after their withdrawing , dec. , & the sitting members repealed and nulled the votes of febr. . & dec. . according to the armies proposals : and this was the first time the house declined their privileges . tuesday the th . of de● . . the question being propounded , that a committee do go unto the general , to know of him upon what ground the members of the house are restrained , from coming to the house , by the officers and souldiers of the army , the house was divided . the year went forth . tellers for the noes , . mr. smith . mr. martin . tellers for the yeas , . mr. cary . mr. pury . so it passed with the affirmative , for the members . resolved , that a committee do go unto the general , to know of him upon what ground , the members of the house are restrained from coming to the house , by the officers and souldiers of the army . and a committee was appointed accordingly . hitherto the major part of the house , appeared sensible of their privilege , though most of the members were imprisoned , secluded , or withdrawn as aforesaid , and there were but . of . in the negative . friday the th . of decemb. a committee was appointed to enquire , who printed , contrived or published , the scandalous paper , entituled , a solemn protestation of the imprisoned and secluded members of the commons house , against the horrid force and violence of the officers and souldiers of the army , on wednesday and thursday last , being the . & . of decemb. . which did declare all proceedings in the house of commons , null and void , during the forcible seclusion of the majority of the members , and the actual force upon the house , according to the ordinances of both houses , aug. . and ▪ the same day an ordinance passed both houses , ( when there were but . commons , and . lords present ) against the said protestation ; judging and declaring , the said printed paper to be false , scandalous and seditious ; and that all persons , that have had any hand in , or given consent unto the contriving , framing , printing or publishing thereof , shall be adjudged , and hereby are adjudged , uncapable to bear any office , or have any place of trust or authority in the kingdom , or to sit as members of either house of parliament . and they did further order and ordain , that every member of either house , respectively then absent , upon his first coming to sit in that house whereof he is a member , for the manifestation of his innocency , shall disown and disclaim his having had any hand in , or giving consent unto the contriving , framing , printing or publishing of the said paper , or the matter therein contained . but as no member was charged with , or convicted in particular of having any hand in the said paper , so it doth not appear by any entry in the journal book of the house , that any member was put to such disavowal or disclamor , which if they had , there is no doubt they would generally and freely have made it . monday the th . of decemb. . before any return was made by the general , of the grounds upon which he restrained the members from comming to the house , in complyance with the said proposals of the army , they resolved upon the question , that this house do declare , that liberty be given to the members of this house to declare their dis-assent to the vote of the d. of december , . and the same day they ordered , that it be referred to the former committee for drawing an attestation , to bring in a declaration , how and in what manner and form the said dis-assent shall be entred . this was the second time that the house declined their privileges . wednesday , decemb. . . the house again debated the question , whether the former message to the general be renewed by the same committee , concerning the members that are absent ; and it was carryed in the affirmative by . against . so at that time there were but . in the house , against the restoring of the members . the same day , mr. scot reports the opinion of the committee appointed to draw a declaration , how and in what manner and form the dissent of the members to the vote of the th . of decemb. . shall be entred . and 't was resolved that the manner be , that such gentlemen as were present at the vote , do stand up and say , that they did dissent from the said vote ; which form , contrary to all presidents , and the very being and freedom of parliament , being agreed upon , the same day the dissent of the members following is entred , viz. col. boswell . lord gray . mr. peregri●● pel●am . col. jones . mr. richard darley . col. temple . sir thomas malevery . sir john bouchier . col. peter temple . mr. humph. edwards . mr. james challenor . sir gregory norton . mr. oldsworth . mr. garland . mr. nich. l●ve . mr. lisle . col. rigby . mr. holland . col. ludlow . mr. clement . col. purefoy . col. stapley . mr. dunch . mr. cawly . col. downes . mr. cary . mr. blaxtone . mr. scot . sir john danv●rs . mr. henry smith . mr. john pry . mr. george serle . mr. dove . in all . so that it appears there was not yet the number of a house , which must be forty at the least , that dissented to that vote , though above . were kept away by force concurring with it . decemb. . col. hutchinson . sir hen. mildmay . sir james harrinton declare their dissents to the vote of decemb. . monday dec. . . col. harvey . alderman pennington . mr. main . alderman atkins . mr. blagrave . col. m●or . mr. millington . declare their dissents to the said vote of decemb. . there being now almost after three weeks time , and such strange tran●actions as before , only . dissenters to the vote of decemb. . . and that in obedience to the armies proposals of the th . of december . upon thursday the th . of january . the house was conceived sufficiently garbled and fitted for the humble answer of the general council of officers of the army , jan. . to the demand of the house dec. . touching the late securing or secluding the members thereof ; which was this day read ; and though the same was notoriously false , and highly scandalous to the secured and secluded members , as appears by their vindication published the th . of january , which never received reply : yet the house ▪ ( without so much as summo●ing or hearing of the said members , ) resolved , the said th of january , that they approve of the substance of the said answer of the general council of officers of the army , to the demand of the house , touching the securing or secluding some members thereof . and appointed a committee of the dissenters to consider , what was further to be done upon the said answer of the general council , and to present the same to the house . and because ( it seems ) the said committee was slack in meeting and making their return . on monday the th . of january , the house , consisting of the said . dissenters , ordered , that the said committee be enjoyned to meet and bring in their report on monday next . but to give them a sure rule to walk by , and to prevent the sitting of any but dissenters , it was resolved , at the same time , that no member of this house that gave his consent to the vote of the fifth of december ●●●t , do presume to sit in this house , untill this house take further order ; though it was evident the dissenters ▪ were yet but . and the number present at the votes were . so that by this vote made but by the . who had entred their dissents , all others must be presumed to be yet con●●nters to the vote . this last vote brought in afterwards by degrees some more dissenters for thursday , february . . mr. whitaker . the lord monson . mr. weaver . mr. lassells . mr. boon . mr. t. chaloner . mr. waite . mr. harbert . mr. mackworth . mr. poynes . mr. miles corbet . mr. say . sir thomas jervice . mr. trenchard . alderman wilson . mr. wogan . mr. baker . sir tho. witherington . mr. pury . mr. heveningham . mr. gratwick . sir edward bainton . mr. james nelthrop . mr. brewster . sir * gregory norton . mr. prideaux . mr. thorp . mr. whitlock . sir h. vane junior . the lord lisle . entred their dissents . the dissenters being now in almost two months time come to the number only of . they did on the same first of february make the order following , viz. whereas on the th . of december last , this house did order and declare , that liberty be given to the members of this house to declare their dis-assents to the late vote of the fifth of decemb. . that the kings answer to the propositions of both houses , was a ground for the house to proceed upon for the settlement of the peace of this kingdom ; and afterward viz. on the th . of decemb. did order , that the clerk should enter the names with the dissents of such members as declared their dissents in manner then directed ; whereupon divers members that day present , and others at several times since , did cause their names and dissents to be entred accordingly . and whereas it hath been further admitted in behalf of members absent from the said vote , that any such member might have liberty to express his dis-approving the said vote of the th . of decemb. it is now resolved and declared by the commons assembled in parliament , that such members who ( being present at the house on the th . of decemb. ) did dissent from the said vote , and from the putting that vote to the question ; or being not then present do dis-approve of the same , and have not already declared in and to the house such their dissent or dis-approval of the said vote , may declare their respective dissent or dis-approve of the said vote to the committee herereafter nominated , viz. mr. scot . mr. martin . sir john danvers . mr. millington . mr. hutchinson . sir will. constable . col. moor . mr. challoner . mr. list . mr. hayes . mr. whittaker . sir tho. jervis . mr. trenchard . sir t. widderington . mr. cawley . col. downes . col. temple . mr. cary . mr. serj. thorp . mr. blackiston . lord lisle . col. purifoy . sir . mich. livesay . col. stapely . lord gray . lord monson . alderman wilson . col. bosvile . mr. boon . mr. heveningham . sir gregory norton . or any three or more of them . who are hereby constituted and appointed a committee , to receive and take notice of the declarations of any such member his dissent or disapproval respectively , that shall desire to declare and enter the same ; and the said committee are hereby required to make present report of the same to the house , and shall from time to time be heard therein before any other business , or next after the business then in debate , to the end such dissents or disapprovals may be entred in the books of the house , and such members thereupon admitted ; and to that purpose the said committee or any three of them are to sit when and where they think fit and convenient . and it is further resolved and ordered , that no member of the house whose dissent or disapproval of the said vote hath not been already entred , do henceforth presume to sit in the said house , untill his dissent from the said vote of the th . of december , ( if he were then present ) or disapproval thereof ( if then absent from the house ) shall be by himself personally declared to the said committee , and from thence reported to the house , and entred as aforesaid ; and that such members of this house , and every of them whose dissent from , or disapproval of the said vote respectively ( being not already declared and entred in the house ) shall not be declared to the said committee as aforesaid , before the first day of march next , shall from thenceforth be , and are hereby declared from thenceforth , to stand and be suspended from voting or sitting any more in this house , or any committee by this house appointed , untill they shall both declare such their dissent or disapproval to the said committee as aforesaid respectively , and shall also have given satisfaction to this house concerning their delay thereof beyond the said appointed time , and untill they shall be thereupon restored by particular order of this house . after this antiparliamentary order , ( destructive to the privileges , freedom , vote● , and members of the house ) some few members dissented or disapproved the said vote , upon several daies , as they were inclined or prevailed with thereunto , before the first of march , the time limited by the said order . and wednesday febr. . . it was ordered , that no advantage be taken against sir peter wentworth , sir john barington , col. fleetwood , mr. aldworth , mr. robert andrews , alderman hoyle , and mr. stockdale , for not haviug entred their dissents before the first of march . monday the fifth of march , . it is is ordered , that it be referred to mr. lisle , mr. scot , mr. holland , col. ludlow , and mr. luke robinson , or any three of them , to receive what shall be tendered for satisfaction of such members as have not entred their dissents or disapproval to the vote of the fifth of december last , before the first of march , and to report their opinions to the house , concerning such members as they shall receive satisfaction from . the committee being some of the most eminent dissenters to the vote when it was past , and so not very inclinable to receive satisfaction from those members intended by the order , there are very few appearing in the journal to have been admitted upon their reports into the house in three months after , but as if too many had been received already , they intended a new test and purge to feclude the majority even of those who dissented from or disapproved our former vote ; for their journal attests , that on saturday , june th . . this question was propounded : that none of the members that have sate in the house since the th . of jan. . shall be hereafter admitted to sit in this house , who shall not first acknowledge and assert the just authority of this house , in making the act for erecting an high court of justice for trying & judging the king . and the question being put , whether this question be now put , the house was divided . and it was carried in the negative by . against . that this question should not be put . so that the major part of themselves were not then ripe for what the minor would have them swallow . thereupon the very same day a final barre is put by them upon all the secluded members by this following order , printed for that end , viz. ordered by the commons assembled in parl. that none of the members of this house , who by vertue of the order of february , . . do yet stand suspended from voting or sitting any more in this house , shall henceforth be admitted capable to sit , or have voyce in this house during this present parliament , who shall not before the th . of this instant june address themselves to the committee appointed by order of the fifth of march , . for receiving what should be tendered for satisfaction by such members as had not entred their dissent or disapproval to the vote of the fifth of december last , before the first of march , and shall not before the said th ▪ of june instant give such satisfaction to the said committee , according to the said order , as this house shall approve of : but the house will after the said th of june instant proceed to take order for the election of new members in their rooms . after this order , though they sate till april . . without itterruption , yet they never issued out any writs for elections of new members , monopolizing the supreme and parliamentary power into their own hands without copartners , as now again . april . . they were forcibly ejected , and turned out of the house themselves by the army-officers for above . years , till on saturday may . . about . of the members ( interrupted in april . and by reason of divers new governments interposing , never durst re-assemble to sit or act ) upon the army-officers invitation , went sodainly again into the house ; whereupon * divers of the secluded members , then casually at westminster , so soon as they heard they were sitting , the same morning went to the house door , & claimed their privilege of sitting , but were forcibly secluded then , and on may the th . by armed gards : and to continue their seclusion , the house ordered the th . of may , that such persons heretofore members of this parliament , as have not sat in this parliament , since the year . and * have not subscribed the engagement , in the roll of engagement of this house , shall not sit in the house till further order of the parl. at this time they were more tender of excluding the major part of the members of the house , and only ordered , their not sitting till further order , not at all conceiving that they were duly discharged , or dismembred by their former orders , in the years . and . as now . after this they being forcibly interrupted and dispersed again , on the . of oct. last , and not suffered to sit till the . of dec. following ; upon the . of dec. many of the secluded members , then in town , being informed of their sodain re-assembling in the house did again ●●im thei● right of sitting in parliament , but were by their orders kept out of the lobby and house , by their armed gard● and officers , and received the usage that hath in a narrative thereof , been published to the kingdom . since that time , viz. on thursday the th . of jan. . the day appointed to consider of the case of absent members ; without calling the members , or admitting them which were at the door to fit , or appear in the house , it was resolved , by the major part of about . members only then present ; that upon the whole matter of the * report touching absent members , the parliament doth adjudge and declare , that the members who stand discharged from voting or sitting as members of this house , in the years . and . do stand duly discharged by judgement of parliament , from sitting as members of this parliament , during this parliament . and it is ordered , that writs do issue forth for electing new members in their places . and to prevent any vindication of our selves , against this vote behind our backs , upon monday the th . of jan. . ( but . daies after the vote ) a party of about . red-coats were sent to seize us , at one of the members houses in drury-lane , where the council of state ( it seems ) had notice , and we did not conceal it , that some of us were met together : but being gone a little before , they mist of us , though they searched the house at pleasure . this resolve being , as appears , intended , finally to exclude the said members , though double the major part of the house , & leaving them ( without any cause therein expressed ) under a reflexion of the highest nature , as persons duely expeld the house , during this parliament , and ordering writs to issue forth for electing new members in their places ( a proceeding never used towards a single member , but upon breach of trust , or some high misdemeanor , much less to many , least of all to the majority of the house ) hath in justice to our selves , and the counties and places for which we are intrusted , necessitated us , by this declaration , fully to state the whole matter of fact , and upon the whole , to ●aise such observations and concl●●sions , as we hope may evince , that we are not duely discharged , and that the judgement , if there be any given , is void in law , against the said members , whereof we have in the end of this declaration inserted a perfect list . first , it is manifest by the state of the fact , that on the th . and th . of decemb. . and since , the said members being then and now the major part of the house of commons , have been by force of arms , and still are , ●estrained from coming or entring into the house , though they have several times renewed their claim , only upon the army-officers proposals and desires , dec. . . ly . that from that time to this day , there hath been no legal accusation or impea●hment exhibited against them , or any of them in parliament , as a ground for a judgement of their supension or exclusion . ly . that they were never summoned nor called to hear or answer any charge , nor ever heard in the house , nor particularly convicted , nor yet named in any order or vote for their suspension or exclusion . ly . that all the pretence appearing for their exclusion in all the recited votes and orders , is only , their ay to the vote of the fifth of dec. . ( that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon for the settlement of the peace of the kingdom , ) they being then and still the major part of the house : and for refusing ( upon the demands of the army , and orders of the minor part of the house made after they were forced away ) to enter their protests against and dissents from that vote , which was passed by them in judgement and conscience , upon unanswerable grounds of reason , justice , honour and faithfulness ; or , for not disapproving the said vote . ly . that the members permitted to sit after , and under the force , dec. . did several times positively order the secured and seluded members to be forthwith discharged ; and that after the demands and proposals of the army ; which shews , that they did not then judge them guilty of breach of trust by this their vote . ly . that many of the members that were suffered to sit , when they saw no hopes of preserving their privileges and the freedom of parliaments against this force , did voluntarily withdraw themselves , and have ever since remained in the condition of secluded members , and are now comprised within the vote of ian. . and former orders . ly . that the members formerly secured and secluded by the army-officers in dec. . against the votes of the house , for their discharge , for their vote dec. . are now for the self-same vote alone , even by order and command of those now sitting members ( after their own double dissipation by armed violence ) forcibly excluded both the house and lobby , by armed gards and army-officers , and likewise discharged from sitting as members of the house during this parliament . . that the forcible suspension and secluding of the majority of the house , till they retract , and enter their particular dissents against , and disapproval of their own votes , was first introduced and imposed by the general council of army-officers proposals , to subvert the privileges and freedom of parliaments : and in obedience to their desires , it is afterwards several times voted , ordered and ratified by the sitting members , to bar us from all future sitting , or voting in the house as members , during the parliaments continuance , and made the secundary ground of our exclusion and discharge , though never in use before , from the begining of parliaments , till this day , and that in relation to this vote alone . an anti-parliamentary president , fit only for everlasting oblivion . ly . that for the mi●or part thus to sway in councel by help of an external force , when reason within doors could not carry it , is a course of proceeding altogether illegal , irrational , and unparliamentary ; the determining of questions and controversies by the major vote , being essential to parliaments and great councils , authorized by the usage and experience of all ages and nations , without which it is impossible to settle any government in church or state , or make any final judgement in courts or councils , without resolving all into the mere will of a few single persons . upon all which grounds , we are so far from r●tracting the said vote of decemb. . that as both by the vindication of the secluded members , published in january , . and by this declaration , it stands unanswerably justi●ied to all the world , so we foretold the sad effects that would follow the varying from it , and are now confirmed in the necessity and prudence of that resolution by eleven years further consideration , and the many sufferings , calamities , strange unsettlement , and revolutions of government ; which the not hearkning to the advice of that vote ( then the judgement of the whole kingdom , being past by the major part of their representatives ) hath brought upon us ever since , whereof we can yet see no end . having thus truly and fully stated the matter of fact , relating to our former and late seclusions , and the premised vote of jan. . for our discharge & exclusion out of the house , during this parli●ment , only for our vote , dec. . . upon the armies proposals , without any particular accusation , hearing , trial , or judgement pronounced against us , or any one of us by name at the bar ; we shall in the next place briefly demonstrate the illegallity , injustice and nullity of this general uncertain vote , by which we are thus by wholesale discharged behind our backs . . by orders , customs , presidents , and judgements in parliament . ly . by the laws and statute● of this realm . ly . by the law of nations . ly . by the law and proceedings of god himself . by the orders , customs and proceedings of parliament it is most apparent , . that in all * parliaments , treaties and assemblies within the realm of england for ever , every man ought to come without force , armour , or multitudes of armed men , well and peaceably to the honour and peace of the king and of his realm , and all wearing of armour or other force against the peace , ought to be defended and prohibited in all places , cities and suburbs , where parliaments convene , lest the members should be terrified , or driven away , or the proceedings of (a) parliament interrupted thereby ; as is evident by the statute of e. . rastal armor , . cl . e. . m. . . dors . cl . e. . dors . . e. . rot. parl. n. . e. . c. . e. . rot . parl. n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . cooks . instit. p. . exact abridgement of the records of the tower , p. , , , , , , , , , , , . therefore the forcible seclusion of the majority of the members by armed force , and votes backed therewith , is most illegal and unparliamentary . ly . that (b) every member of parliament is bound to attend the parliament , and freely to sit & vote therein during its contiance , and never voluntarily to absent himself , or depart without special license , under pain of amerciament , losse of wages , and other penalties ; as is both enacted and resolved , e. . f. . fitz. corone . r. . stat. . c. . e. . rot . parl. n. . h. . n. . h. . n. . cooks instit. p. , , , . h . c. . stamford , l. . c. . f. . exact abridgement , p. , , , , , , , . the order of the commons house , . august , and ordinance of both houses , octob. . collection of ordinances p. , . the commons declaration , septemb. . . e. . dors . & e dors . . therefore the majority of the members neither may nor ought to be forcibly secluded and hindered from sitting and voting , especially by the minority . ly . that (c) when any considerable number of the members of parliament through shortness of warning , fo●d weather , or any other occasions have been absent from the house , the parliaments have constantly been adjourned and put off till a further day , and nothing acted by those who appeared , in their absence , till the absent members comming , and the houses were ful● ; as is is evident , by claus. e. . dors . . & . e. . rot. parl. n. . e. . part . n. , , , . e. . n. . e. . n. . e. n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . ● . . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . h. . n. . the reason whereof is , because nothing ought to be acted in parliament , by any party or faction , but in or by a full parliament , when all or most of the members , representing all the kingdom , are present , cl. e. . d. . e. . c. . e. . rot . parl. n. . e. . n. . e. . n. . e. . n. . r. . n. . r. . n. . r. . n. . r. . n. . h. . n. , , . h. . n. . h. . n. . & r. . wherefore their seclusion , and ejection of the majority of the members , behind their backs , in a thin and empty house , ( not the fixt part of a full house of commons ) and their votes and orders not only without , but against them , must be unparliamentary and unwarrantable . . that as in * elections in the county , so in votes , the vote of the major part of the house , upon any question put , is the vote and judgement of the whole house , including and binding the dissenting minority , as all journals , records of parliaments , statutes , law-books , and experience resolve , and the practice of those now sitting ; therefore the dissenting minority , can neither censure nor eject the majority of the house , for their vote of decemb. . carried without any division , and by above . parts of . then present , without ejecting and dissolving the whole house , and themselves too , whose vote was included in theirs , and subverting the very essence and foundation of all parliaments . . that every * member present in the house , at the putting of any question ( then debated ) is bound by orders of the house to give his ay thereto , or no , according to his judgement , and conscience , freely and uncontroulably , without the least question , check , or censure . this freedom of debate , voting and speaking the mind , being the grand essential privilege of parliaments , ( giving both the name and essence to them ) which every sp●ker demands , and every king granted at the beginning of every parliament , and of this now sitting . therefore for the minority of the house , by the army-officers proposals and desires , to make it criminal and a breach of trust , demeriting not only censure , but suspension , exclusion and ejection out of the house , and that not in one or two members , but the majority of the house , ( the house it self , ) as in our present case , only for the vote of decemb. . . touching the kings concessions , and no vote else whatsoever , in any other parliament , or this , before or since this vote , is not only the extremity of partiality and injustice , but an utter subversion of the very essence , name and foundation of parliaments themselves , without president in any age . ly . if one single member alone give his ay , or n , to any question proposed , against all the rest of the house , though the question seems most clear and undisputable , yet he is neither censurable nor questionable for it , because it is his privilege and freedom as a member , as was resolved in dr p●rryes case in the parliament of eliz. ( reported by scobel out of the journal , ) who gave his single no , against the bill against jesuites and recusants ; and in the cases of all single ayes or noes , or but of , or . members against all the rest , in all former parliaments , and this last , who were never once questioned or suspended for them , nor ordered to retract their single votes . therfore the suspension & ejection of the majority of the house for their vote of dec. . after so long & great debate , ( given upō the greatest grounds of conscience , law , justice , prudence , reason and publick safety , ) and for their refusal to retract and protest against it , by order of the minority of the noes , entring their dissents against it , during their forcible seclusion from the house , must questionless be most antiparliamentary , erroneous , injurious , subver●ive to the freedom of parliaments . ly . that a matter (f) once debated and put to the question in the house , ( especially when full and free ) carried in the ay , or no , by the majority of the house , ( without any surprize or fraud , as the vote of dec. . was , against all force and menaces to prevent it , ) ought to stand as the judgement of the whole house , and cannot by the rules of parliament be questioned again , or nulled and revoked , ( especially by the minor part in the absence and forcible seclusion of the major , ) during that session of parliament , no more than an act , or a judgment given and entred in the g courts of westminster , reversed in and by that court which gave it ; because all votes and judgements , would otherwise be nugatory , arbitrary , reversed and nulled over and over , and debates concerning them endless : as was resolved in sir francis goodwins case , upon long debate , martii , & in april , anno . and oft before and since . therefore our vote of the th . of decemb. could neither be questioned nor repealed by the dissenting mi●ority , nor protested against , but stands still in force ; much lesse then the majority who assented to it , be suspended & ejected the house by the minority for not retracting and entring their protests against it , being a practice fatal to all votes and parliaments , if admitted just in this , passed upon so full a debate . ly . that (p) no member ought to be questioned for any offensive words , displeasing to the whole house , or any particular member , let fall upon any debate , unlesse exceptions be taken to his words the same day , before he goeth out of the house , and satisfaction given , or judgement inflicted on him the same day . but no exception at all was taken to the debate , or vote of the secluded members by the house , or any member thereof the same day , nor in several daies after , but only by such army-officers out of the house , who were no members , and not privy to the debate . therefore they ought not to be suspended and excluded for it many weeks , months , and now ejected out of the house for their vote alone , and debates thereupon , above . years after . ly . i that the speaker himself by his letter , iuly . and both houses by their printed ordinance of august . . declare and resolve , all votes , orders , ordinances , declarations passed in the house , whiles under a visible force , and the members forcibly driven from it , or unable to repair to , or ●it in it with freedom and safety , to be null and void to all intents ; and if that force upon . or . of them now sitting by cromwell , apr. . . & lambert , and others , oct. . . was antiparliamentary , treasonable , and but a mere interruption not dissolution of their session , nor an inability for them to sit again , though some of those who ejected , and declared them dissolved , were then members of the house , backed with the army . then by the self-same , yea better reason , the former , late , present orders and votes for the suspension , exclusion and ejection of the majority of the members out of the house , made by the minority , whiles sitting under an actual force , secluding them by commands of them now sitting , must be null and void to all intents , and no wayes disable them from sitting , when the armed force secluding them is removed . ly . that the (b) house of lords heretofore in the parliament of caroli , when the earl of arundel , a single member of their house , was imprisoned and restrained by the king without their privity , from sitting in the house ; and since that (c) both houses , ian. . . at the beginning of this parliament , when the king impeached , and only demanded the lord of kimbolton , and the . impeached members of the commons house , ( whereof sir arthur hasl●rigg was one ) without seising either of them ; adjourned and refused to sit or act as an house , till their members were restored to sit in saftty , and this high breach of their privileges vindicated . therefore by the self-same rule and presidents , they ought not now to sit and act , till the former and last violations of them by the army-officers and their gards forcible seclusions and securings of them by their order , be vindicated , and they restored to sit and act freely in the house with safety , without any future interruption . ly . that no particular member of parliament in the commons house , by the constant course , proceedings and presidents in our parliaments , may or ought to be censured , imprisoned , suspended or ejected the house , unlesse he be . particularly accused or impeached of some misdemeanour , crime or breach of trust , deserving imprisonment , suspension , or exclusion . ly . particularly summo●ed and resummoned to answer his charge , if absent , or commanded to answer it , if present in the house . ly . freely admitted to make his particular answer and defence thereunto in the house , where he is to fit and vote as a member , till convicted or suspended by special order . ly . legally convicted by his own confession , evidence or witnesses produced face to face . ly . particularly sentenced by judgement pronounced against him at the bar , and that judgement particularly entred against him by name in the iournal-book , or records of parliament . this is evident by the antient presidents of sir william courtney , an. r. . rot . parl. n. . of roger swinerton , an : r. . rot : parl : n. . thomas thorpes case , h. . rot : parl : n. . by thomas thorps case , when speaker , h : . rot. parl : n. , , . arthur halls case , maii , & febr. . peter wentworths case , febr. . thomas longs case , . eliz. entred in the journall , reported in cooks institutes , p. . and scobels memorials , c. . in sir edmond sawyers case , saturday junii , . the earl of straffords , and archbishop lauds cases and trials upon their impeachments of high treason this parliament , as members of the house of p●ers : the cases of sundry members put out of the house of commons , in the beginning of this parliament , , , . the proceedings of both houses against their members , who contrary to their trusts , (a) deserted the parliament , withdrew themselves voluntarily from it , and took up arms against it , who were . times summoned to attend the houses , ( which they neglected to do ) without any disability , or new ingagement put upon them , before they were disabled by iudgement to sit in the house during this parliament , in which judgements they are particularly named , and after that by a general ordinance of both houses junii . the judgement against them was confirmed as is evident by the * journals of both houses . and the proceedings of those now fitting ( since their vote of jan. . ) against sir henry vane , jan : . and col. sydenham , and major saloway , since : who were all permitted to sit and vote in the house , till particularly impeached , heard , convicted , and received their judgements at the barr , before they were ejected , or suspended , though they joyned with the army-officers who excluded them october . both in councils and actings against their restitution . which being denied only to all and every of the secured and secluded members , and to them alone , though the majority of the house , guilty of no crime ; meerly for their vote , dec : . and were forcibly secluded both the house and lobby , dec. . and voted out of the house , jan. . . without any accusation , hearing , defence , conviction , or particular judgement against any of them by name , must needs be the extremity of anti-parliamentary injustice , especially in those of the long robe , sitting in , and advancing themselves to the seats of justice in all the courts of westminster . . it is the undoubted privilege and birth right not only of members , but of the meanest , despicablest and most flagitious commoners of england , if complainants or petitioners , to be admitted freely both into the lobby and commons house , without forcible seclusion , to present their complaints , grievances , for their relief or redresse ; or if a delinquents , to be accused , summoned , heard , duly convicted and particularly sentenced at the bar by name , before they be committed , or sentenced , as all parliamentary records , journals , & daily experience attest ; therfore that the majority of the members ( persons of greatest eminency , interest , integrity , representing most counties , cities and boroughs of the realm ) should be denied that justice and privilege which the meanest commoners and most exec●able del●●quents enjoy as their birthright , only for their vote , and that by their fellow-members , ( the greatest pretenders to publick justice , liberty and saintship , ) is not only anti-parliamentary and injurious , but stupendious in the sight of god , angels , men , and the whole nation . ly . the whole house of commons , and some of our secluders , in the case of the xi . m●mbers , impeached by the army ( . of them now secluded ) upon long and full debate june . . resolved , unanimously on the question , without one dissenting voice ( as to part of the armies general charge against them , for something they had spoken , and done within the house ) that it did not appear , that any thing had been said or done by them in the house , touching any matters contained in the charge , or papers sent from the army , for which they could in justice suspend them from ●itting and voting in the house . in the debate whereof they all concluded , it was a high breach of privilege , for the army or any others out of the house , to impeach any members for things spoken or done within the house , whereof the house alone is to take notice , and be the sole judge . therefore by this very vote and resolution , the house upon the armies proposals , and desires alone , ought not in justice to suspend , much lesse forcibly to seclude and eject us , only for our vote within it , and it was a transcendent breach of the privileges of the house , to receive their proposals decemb. . and their answer january . complaining against our vote , and to make it the only ground of our suspension and seclusion ever since , and now of our ejection . ly . they then unanimously resolved , that by the laws of the land , no iudgement can be given to suspend those members , or any of them from sitting in the house , upon the paper presented from the army , before particulars offered , and proofes made against them . therefore they cannot suspend , seclude and eject , both them and the majority of the whole house now from sitting , or voting with them any more , only for their vote , without any other particular charge , hea●ing , conviction , or judgement pronounced against them at the bar . ly . had this vote and judgement of supension and discharge been given against any one of the suspended members , in a full and free house and parliament , and ratified by an act , or ordinance of both houses , without any legal summons , tryal and hearing at the bar , yet it had been erroneous , null and void , and ought to be reversed as such , and that by the expresse judgements and resolutions of the parliaments of e. . rot. parl. n. , to . & e. . n. . in the case of * roger mortymer earl of march , who in the parliament of e. . rot. parl. n. . was impeached in parliament of high treason , for murdering of king edward the d . after his deposing , for accroaching to himselfe royal power , and the government of the state over the king ; for comming to the parliament at salisbury with force and arms , contrary to the kings writ and prohibition under his seal , that none should come to the parliament with force and arms , under pain of forfeiting all that he could forfeit to the king . whereupon the earl of lancaster , and others of the lords , by reason of his force , came not at all : and when in the prelates were there assembled in an house at the said parliament , to consult about the affairs of the king and realm , the said roger broke open the doors of the house upon them with men at arms , and threatned them of life and of member , if they should be so hardy to speak or do any thing against his will and ordinances . and did so much in the same parliament , that the king made him earl of march , and gave him many lands and tenements , to the dis-inheriting of the crown ; and afterwards the said roger , and those of his confederacy , led the king armed against the earl of lancaster and other peers of the land to winchester , where they were comming towards the king to the said parliament at salisbury : whereupon the said earl and other peers of the land , to avoid the peril that might happen , out of reverence to the king , departed and went towards their country , grieving that they could not speak with , nor counsel the said king , as they intended and ought to do . and for several other grand misdemeanors drawn up and entred in the parliament rolls in . articles in french . upon these articles ( by reason of the notoriousness of the facts ) he was by judgement and act of parliament , condemned and executed as a traytor , in e. . without being brought personally to answer , or make his defence at the bar , and his lands forfeited to the king . whereupon in the parliament of e. . roger mortymer earl of worcester his cousin and heir , by petition prayed , that this act of his attainder might be examined , and the judgement against him reversed for manifest errors therein . whereupon the record was brought into the parliament , and the articles , judgement and proceedings read at large . which done , it was alleaged , that the judgement was defective and erroneous in all points ( not for the substance and truth of the charge ) but for that the said e. was put to death and dis-inherited , sans nulle accusement , et sans estre mesne au juggement , ou en respons , without any accusation face to face , and without being brought to judgement , or to answer . for which cause it was prayed , the said act a●d iudgement might be reversed and annulled . and for these reasons our lord the king , prince , dukes , earls , and barons , by * accord of the knights of counties , and of the commons , reversed and annulled the said records and iudgements , and adjudged them erroneous and void ; and the parliament of e. . did likewise confirm and assent thereto , as the parliament rolls attest . if then this judgement , though ratified by an act of parliament , upon particular articles of impeachment , true in substance , ( against this arch-traytor , and first forcer of parliaments by armed men extant on record ) was reversed as erroneous , void and null , because he was not accused face to face , nor brought to judgement , and answer at the bar before his judgement and execution , though there was a judgement given against him by name in the parliament roll and act : then much more must the judgement and vote against all the secluded members and majority of the house , kept out thence by armed gards , by command of our secluders and judges , without the least accusation , articles of impeachment , hearing , trial , or bringing us to the bar to hear our judgement , or naming any of us particularly therein , be unparliamentary , erroneous , void and null to all intents , and no waies obligatory to us , or those for whom we do serve . ly . it is altogether erronious , illegal and void in law , . by the great charter of our liberties , h. . c. . confirmed in above . successive parliaments , by the statutes of e. . c. , . e. . c. , . e. . c. . e. . c. . e. . c. . e. . c. , . the petition of right , caroli , and sundry other statutes , enacting and providing , that no freeman of england , shall be outed of his freehold , liberties , franchises , outlawed , pas●ed upon , fore-judged or condemned , unlesse he be , . lawfully accused , indited and impeached . ly . summoned and brought in to answer by legal processe . ly . brought to judgement , trial and hearing at the bar , and admitted to his just defence . ly . legally convicted by his own confession , or witnesses produced face to face . ly . particularly judged and condemned by sentence at the bar . and if any judgement be given to the contrary , it shall be reversed and holden as null and void ; all which particulars failing in our case , and judgment , it must be erronious , void and null to all intents . ly . by all the presidents , forms , entries , in cooks institute● ch. . of judgement , old book of entries , fitzherbert , brook , statham , ash title judgement , treason , debt , &c. all entries and records of judgements in parliaments and other courts of justice , wherein no judgement was ever yet given against many in the grosse , ( as now against . members or more ) without naming any of them , but alwaies particularly by name , the judgment being else void in law , for its generality and incertainty , as ours is , wherein not one secluded member is named , nor in any vote or order for our suspension or exclusion . ly . it is a maxim in law (m) that no man ought to take advantage of his own covin or wrong , much less be both a judge and ●arty , it being both against justice and reason too : therefore the minority of our fellow-members , cannot first seclude us out of the house by covin , wrong & armed force , against our rights , privileges , the protestation , covenant , & then as our judge , exclude us from sitting with them , behind our backs , only for dissenting from them in our votes and judgments , crossing their own private interests and innovations , repugnant to the publike interest , peace , and settlement of the kingdom which we then endeavoured to effect . ly . the statutes of r. . c. . r. . c. . h. . c. . & eliz. c. . prohibiting all entries into houses , lands or tenements , where the entry is given by law , with strong hand , or multitude of people , and armed men , but only in peaceable and easie manner ; or keeping possession thereof , after peaceable entry , by force ; enabling all justices of the peace , to view and remove such force , and punish those who are found guilty of it , upon inquest , by fine and imprisonment ; do questionlesse prohibit the entry of our secluders , into the commons house of parliament , by strong hand , and multitudes of people , and armed men , against the usage & priviiege of parliaments , garded hitherto , * caritate & benevolentia civium , non armis . and their keeping out the majority of their fellow m●mbers , by armed force , and votes , without any colour of law or reason but only their vote therein decemb. . may more justly expose them to fines and imprisonments , than any other forcible enterers into , or detainers of other mens houses , the whole kingdom being prejudiced and dispossessed in their representatives by these forcible detainers of the commons house . ly . the notable (p) variance between their orders of . & . touching our suspension and seclusion , wherein they alwaies stile themselves , the house , and this house , as likewise in the body of their order decemb. . . from their vote of january . and their other papers , wherein they stile themselves , the parliament , and the parliament of the commonwealth of england , scotland and ireland ; and their judgement , the judgement of the parliament ; and from the act of caroli . c. . by which they pretend to fit , which only stiles them , the commons in this present parliament assembled , and the house of commons ; makes their judgement void to all intents , especially compared with the entry of their own journal by their clarke , april . . that they were dissolved on that day , and so have no right now to sit , by virtue of this act , or to pronounce any vote or judgement against us . ly . this judgement and vote against us , is void and null by the law of nations , the very pagan , idolatrous babylonians , persians , caldeans , romans , and all other nations , condemning and sentencing no person or malefactor whatsoever , but in his presence ; it being not their manner , to condemn , or censure any man , before he who was accused , had his accusers brought face to face , and had license to answer for himself , concerning the crimes laid against him , and was legally convicted of them , and had his crimes mentioned in his mittim●● and judgement , they deeming it unreasonable , to imprison or condemn any man , and not withall to signifie the crimes laid against him : as you may read at leasure , kings . , . jer. . , . ezra . , . esth. . , to . c. . . acts . . c. . , to . c. . , &c. , , , . in alexander ab alexandro , geni●lium dierum , l. . c. . & frederi●us lindebrogus , codex legum antiquarum . this being a principle amongst them , * qui aliquid statuerit parte inaudita altera , licet rectè statuerit haud aequus est judex . and that all their * senators , ought to vote freely in the senate ; and the major vote to sway . therfore our judgment , exclusion , without accusation , hearing , witnesses , trial , conviction , behind our backs for our major vote , must needs be most unjust and void , if the very heathens and laws of all nations be umpires between us & our ejectors . finally , this judgment and vote is contrary to , yea void , null by the law of god , ( the * righteous judge of all the earth , ) as appears by comparing it with num. . . deut. . , to . c. . . c. . , , . chron. . , , . john . . and condemned as unjust , by the president of god himself ; who as he doth not pervert judgement , nor do wickedly , job . ●c . . . but judgeth uprightly without respect of persons , pet. . . justice and judgement being the habitation of his throne , from whence he administreth judgement in righteousness , ps. . . ps. . . so he alwaies pleads with malefactors , and judgeth them face to face , ezech. . . thus he proceeded against and judged the very first offenders , eve adam , and the serpent , for the first offence in the world after the creation , summoning all three of them before him , and impeaching and hearing their answers to his charge , and last of all giving a particular judgement against each of them according to their offences , gen. . , to . as a president for all other judges to imitate . and thus god and jesus christ will proceed in the last general judgement of the whole world , when all mankind and every person good or bad , from the creation till the worlds expiration , shall be summoned and personally stand and appear before the judgement seat of god and christ , where every one of them shall give a particular account of himself to god , of whatever he hath done in the body , whether it be good or evil , ( and we and our secluders too amongst the rest ) and be judged according to their works , and receive a particular sentence of condemnation or absolution , as eccles. . . mat. . , to . rom. . , , . cor. . . rev. . , . mat. . . rom. . ▪ , , to . resolve . upon all which premises we conclude , the votes & proceedings against us by our fellow-members , to be erroneous , injurious , unrighteous , nul and void to all intents ; and if they and the army-officers , for want of law , reason , presidents , shall still endeavour , ( as hitherto ) to make them valid , and obligatory to us and those we represent , only by club-law and violence ; we shall then conclude , as the lords and commons ( and most of themselves heretofore , ) did in their declaration of august . . against the king and his forces , who were never guilty of so high a violation of our privileges , as those now sitting . * if the king may force this parliament ( by demanding only . members of it , and our secluders now by excluding above . at once by force and arms ) we may bid farewell to all parliaments from ever receiving good by them . and if parliaments be lost , the people are lost , their laws are lost , as well those lately made ( for triennial parliaments , and the continuance of this , against the council-tables extravagances , &c. ) as in former times ; which will be cut in sunder by the same sword now drawn for the destruction of this , ( by ours and others forcible seclusions . ) then if they will not come and help the parliament , and save themselves , though both they and we must perish , yet have we discharged our consciences , and delivered our souls , and will look for a reward in heaven , should we be so ill requited upon earth , by th●se of whom we have so well deserved : which we cannot fear , having found upon all occasions such real demonstrations of their love and affection , and of their r●ght understanding and apprehension of our and their common danger , especially now , that the question is so clearly stated . we shall only subjoyn . considerations more in point of law and prudence , arising from our forcible seclusion and exclusion by the minority of our fellow members . . that both houses , and most of themselves have declared in their s declaration of . octob. . that the raising of forces only to force some particular members of this parliament , ( as the . impeached by the king ) to be delivered up , and secluded the house , is a levying war against the parliament ; for to raise an army to compell the parliament to expose these members to the fury of these wicked counsellors , that thirst after nothing more , than the ruine of them and the commonwealth ; what can be more evident , than that the same is levied against the parliament ? for , did they prevail in this , then by the same reason they might d●mand twenty more ; and consequently , never rest satisfied , untill their malice and tyranny did devour all those members they found crosse and opposice to their lewd and wicked designs . and so by depriving the parliament of their members , destroy the whole body . that both houses in their votes of maii ▪ t resolved , that the levying war against the parl. is treason ; and whoever shall assist the king ( though the chief member and u head of the parliament , much more then any inferior members of it ) in such a warr , are traytors , by the fundamental laws of the kingdom , and have been so adjudged by two parliaments ●r . . h. ● . and ought to suffer as traytors . which votes were seconded by many x ordinances , for sequestring and confiscating the real and personal estates of all members of parliament , and others , who sided with the king and his forces against the houses of parliament ; by the condemnation of mr: waller , and execution of mr. tomkins , and others , as traytors y for conspiring to seise several members of both houses , by force of arms , under a pretence of bringing them to justice , by a commission from the king , dated march . though they actually attempted not to se●fe any member . by the proceedings against the * members of both houses deserting the parliament , under pretext , that they were forcibly driven away from westminster by seditious tumults and imposed trayterous oaths , summoned to meet at oxford by the kings proclamation of jan. . . where . members of the lords house , and . of the commons house assembled , and sate in council with the king ; and yet for levying war against the majority of the parliament , and both houses sitting at westm. they were are all of them sequestred , and after several summons , discharged to sit in either house by a special ordinance ; & (z) some of the said lords , together with the king himself , condemned and executed as traytors for levying war against the parliament , and majority of the m●mbers , at a great distance , not personally in or at the house doors , without se●uring or secluding any members or interrupting their sitting in the house by armed forces . if then it were high treason in the king and his party to raise forces to demand and secure but . members of both houses by force ; and for the minority of the lords and commons house , to levy war against the majority of the parliament only at a distance , for which they were thus sequestred , conde●●ed , executed as traytors , even by those now sitting , as well before as after our seclusion ; we refer it to their own consciences , judgements , and the whole kingdom to determine , whether it be not a higher and worser treason & levying war against the parliament , for them , being but the minority of the house and members , to engage and order the very * forces raised against the king and his party , to gard and defend the members to both houses , to fit and vote with freedom and safety , by armed force to secure and imprison above . members at once , and to seclude above . more by their commands , being the minority of the house , at the house doors , and suppress the whole house of lords three or four times one after another , after their executions and sequestrations ; and what punishment such unpresidented offences de●●erit , should we demand justice against them for it , after so many provocations , and not willingly prete●mit it upon their repentance and satisfaction , for the publick peace and settlement in the midst of our present dist. actions , upon their voluntary admission of us , without any of their new eagagements on our consciences , to discharge our trust , and prevent the ruine of our three kingdoms , by their rash and dangerous counsels . ly . that their own votes , publications , and censures against the army-officers , as well members as others , who forcibly excluded and dissipated themselves beyond expectation , april . . and october . . ( a just , divine retaliation , for secluding their fellow-members ) which they deemed both tyrannical , yea treasonable in them , and deme●iting expulsion out of the house , in sir h. vane , and others of their own members , who gave a subsequent assent thereto , will now recoyl upon themselves with infinit disadvantage , and draw some new (a) exemplary punishment of god upon them for their new forcible secl●●sion and ejection of us ; they being but at most , and we near . they having * violated their trusts , protestation , covenant , and the privileges of parliament , which they were obliged constantly to maintain all their daies , without defection or apostacy , by our former exclusions and ejection , and we having done neither , but only endeavoured inviolably to preserve them by our vote , and claims to sit in the house : they keeping up the same armed gards , as their only security to sit , which secluded us heretofore , and now , & twice ejected them ; and we desiring no other gards , but those (b) pliny (c) seneca , d tully , inform us to be the best and safest of all other , our own innocency , and the peoples love for whom we serve , remembring that of pliny to the good emperor trajan , quanto tutior , quanto securior eadem domus postquam ejus non crudelitatis sed amoris excubiis , non solitudine & claustris , sed civium celebritate defenditur ? frustra se terrore succinxerit , qui septus ●aritatenon fuerit ; armis enim arma irritantur ( as we have found by sad experience ) vnum est inexpugnabile munimentum , amor civium ; which they will never gain , but lose and forfeit by our unjust seclusion , and expulsion . . that it is a maxime in law , inserted into the very writs of summons to parliaments (e) calus . e. . m. . dorso , as a most just , and provident law , established by all prudent pious princes , and the very reason and ground of all parliamentary assemblies , ut quod tangit omnes ab omnibus appr●betur . hereupon our judges and (f) law-books resolve , that general acts made , and taxes granted in and by parliaments , oblige all men , upon this only account and reason , because all counties , cities , boroughs and ports , are parties and consenters to them in parliment , in and by their knights , citizens , burgesses and barons , impowered with full and sufficient authority for themselves , and the commonalties of the said counties , cities , boroughs and ports , by their indentures and retorns , to consent to , and do whatever shall happen to be ordained in parliament by common council ; as the last clauses in the writs for elections , with their retorns and indentures resolve ; and for want of which power , and representatives , if secluded , no acts can be passed , no taxes imposed on them that are obligatory . and upon this very ground , the statutes of e. . c. . . & de talligio non concedendo , c. , . . e. . stat. . c. . stat. . c. . e. . stat. . c. . stat. . c. . e. . rot . parl. n. . e. . rot . parl. n. . e. . stat. . c. . e. . rot . parl. n. . e. . c. . e. . rot . parl. n. . e. . rot . parl. n. . h. . rot . parl. n. . the petition of right , car. and the statutes of car. c. . . . made at the begining of this parliament , do all enact , declare and resolve , in precise words ; that no tax , tallage , ayde , subsidy , loan , custom , imposition , or other assesment whatsoever , shall or may be imposed , or levyed on the subjects , without common consent of the lords and commons in full parliament , by act of parliament : and those now sitting in their printed paper , octob. . . intituled , an act against the raising of monies upon the people , without their consent in parliament ; enact , that no person or persons shall after the xi . of october . assess , levy , collect , gather or receive any customs , impost , excise , assesment , contribution , tax , tallage , or any sum or sums of money , or other imposition whatsoever , upon the people of this commonwealth without their consent in parliament or us by law might have béen done before the third of novemb. . and it is further enacted and declared , that every person offending contrary to this act , shall be , and is hereby adjudged guilty of h●gh treason , and shall suffer , and forfeit as in case of high treason . if then they shall forcibly seclude , not only the whole house of lords , but the majority of the knights , citizens and burgesses , out of the commons house , as now they do , most counties , cities and boroughs of england , having not so much as one knight , citizen or burgesse , to represent them , being all forcibly excluded , or dead , they being not a fifth part of the house , ( who could never legally impose any tax upon the people , before nov. . . nor since , as all these acts , with * sundry other records and law-books resolve ) they can make no laws , orders , ordinances , that are binding , nor impose the least tax , talluge , imposition , excise , contribution , or any other payment whatsoever , upon the people of this nation , much lesse upon us , whom they thus forcibly exclude , and those counties , cities and boroughs for which we serve ; nor any person or persons levy them , without incurring the crime , penalty , and forfeiture expressed in their own late act , it being a received maxim amongst all politicians , lawyers , nations (h) populi minor pars , pop●l●m non ol ligit ; and that nothing is or can be said to be done , or acted , by the common council and consent of the people in full parliament , by act of parliament , which is done and acted only by the minor part of the commons house , when the greatest part of the members of parliament , are forcibly s●oluded , or driven thence by armed violence , especially by the commands and consederacy of the minority of their fellow-members ; our present case and condition , which we represent , to the whole nations serious consideration , and of a full and free parliament , as thus st●●●d in matter of fact , and debated in point of la● , for our necessary vindication , and theirs we represent ; and to our secluders second thoughts : who having in their fresh * declaration of the . of this instant jan. published , that their intentions are , and that they are resolved , ( through the goodnesse and assistance of god ) to remain constant and unmovable , that the people of these nations may be governed from time to time by representatives in parliament chosen by themselves , in whom alone the supream authority of these nations doth and ought to reside ; and that they should be governed by the laws , and that all proceedings touching the laws , liberties , and * estates of the free people of this common wealth , shall be according to the laws of the land : it being their principal care to provide for the freedom of the people , against all arbitrarinesse in government ; and that it is one of the greatest cares they have upon them , how to give the people that ease from their present burthens , which their impoverished condition calls for . we hope they will not immediately violate it in the case of us ▪ who are their fellow-members , the majority of the house , and the representatives of the greatest part of the people , intrusted and chosen by themselves , who earnestly press our frec admission , by secluding us against all rules of law and justice , and imprisoning those * gentlemen and freemen sent up with * letters unto them from the several counties and places we represent , to demand our speedy restitution to our trusts , as the only means to redresse their many insupportable grievances , and by gods blessing to reduce them to a firm , free and legal settlement of their rights . and by imposing on the whole nation ( in their miserably exhausted condition , and want of trade ) and us their excluded fellow-members , and those many counties , cities and boroughs we represent , a monthly tax of one hundred thousand pounds a month , for six months time , to begin from december . last , without and against our privity and consents ; especially after their enforcing the people to pay a whole years contribution within three months space , contrary to the first grant thereof , under the late protector , upon their first convening in may last , during these very . months space , they paid before hand , on which they now tax them afresh , higher than ever the old parliament , or their new protectors , or any kings of england in former times have imposed ; an oppression not to be presidented in any age . and all to pay forces to keep us out of the houses , and support themselves in their usurped * parliamentary power , and discharge those debts , their own extravagant councils and actions ( in not hearkning to our vote for which they excluded us ) have contracted , only to make us more miserable , base , slavish , unsetled than ever heretofore . upon the whole matter which we have truly stated , and debated ( though with some distraction , and interruption ) in our own behalf , and of those counties , cities and boroughs by whom we were elected , and whom we have faithfully served in parliament , according to their trusts reposed in us ; we do appeal from the armies unjust force and illegal violence , and from the unpresidented , generall unreasonable , unparliamentary votes and judgements of a few of our dissenting fellow-members , procured by the force and demands of the army , and passed by parties behind our backs , during our forcible seclusion , only for our free vote in parliament , when they and the commons of the whole kingdom were involved therein by the resolution of the majority of the house , unto the impartial judgement of a full and free● parliament : and in the mean while we do claim the benefit of our laws , and especially of the great charter , the petition of right , and the good acts made in the beginning of this parliament , ( after so much blood and millions of our treasure expended ) for the protection of our persons , estates , & liberties , and of those we represent , against all arbitrary . proceedings , votes , impositions , taxes , and armed violence of our secluders , or their forces , that whereas by the * ordinance of god , the sword is given to the magistrate , only for the punishment of evil doers , & for the prayse of them that do well , we nor any of us who are quiet in the land , and accountable to law , wch is our birth-right , may not be hunted or seized by souldiers , for our former vote , and observing the declarations and remonstrance of this parl. the protestation , solemn league and covenant , and other oaths which lawfull authority have ingaged us in , ( and our secluders joyntly with us , and the army-officers too ) and in the consciencious observance whereof we hold our selves obliged to live and die . and having nothing ( if we know our own hearts , ) in our thoughts or endeavours , but that the true reformed religion may be preserved and flourish ; the plots of jesuits and romish emissaries prevented ; the privileges , rights , honour , and splendor of parliaments vindicated and restored , the laws and liberties of the kingdom cleared , rescued , and preserved from arbitrary violations , a d●e regard had to tender consciences , intollerable publick burthens eased , as comprehensive an act of o●l●vion and free pardon past , as will stand with publick safety , honour and justice ; trade in city and country restored , the increased swarms of starving poor relieved and imployed ; just debts and rewards both to souldiers , purchasors , and others satisfied and secured , and these ruined kingdoms happily established upon lasting foundations of truth , righteousnesse and peace ; now we have cleared our selves to the world , and those who have entrusted us , we can patiently attend gods future dispensations ; yet should be very glad , that as a * few of the faithfull nobility , when the kingdom was in much lesse danger , were judged so considerable , as to prevail with the late king to follow their advice , for the calling of this parliament in . so in this time of the greatest dangers and difficulties , that these . nations and the protestant cause throughout the world , ever wrestled or contended with , there may not be found amongst us , a generation of men , who for filthy lucres sake , particular groundlesse fears , apprehensions of lesse or suffering , guilt , self-seeking , ambitious aims of dominion over , or envy , or revenge against their brethren , or pretended self-preservation , shall continue our confusions and calamities , and as vipers gnaw out the bowels of their native country ; and because of a little present power , in their hands ( which like jona●s gourd they see by sensible experience may wither in a day , or be turned against them , ) harden themselves against the safe , sober , and christian councils of so many of the nobility , gentry , ministry and commonalty of all callings and degrees , as of necessity must conceive themselve ; for the safety of the nations , or perish with them , obliged to endeavor that the great council of this nation , ( by the advice of so many persons of interest and quality ) may be suffered to sit free of force or guards , but of their own appointment , and dead places filled up by new election , untill a free parliament , according to the triennial act , may be called and convened without interruption or praelimitations . that so by sober , discreet , peaceable , impartial , full and free councils , these three languishing divided nations , and the city of london ( the metropolis of this empire ) may be restored to their former renown , honour , peace , unity , prosperity and trade , the two great pillars of magistracy and ministry , vindicated from contempt and violence , and thereby a stable settlement obtained both in church and state , to the rejoycing of all that truly fear god at home , and the reviving and preservation of the reformed churches abroad , almost totally ruined , and become a prey to the common enemy , by our and their unchristian divisions . alexander ab alexandro , genial . dierum , l. . c. . erat igitur sena●oris officium , tam de promovendis magistratibus , provinciisque administrandis , quam de bellis , triumphis , supplicationibusque decernendis , deque praefidibus in provincias , & a●xiliis submittendis , de leg● de foedere , & pactionibus , ac to●a gerenda rep. libere sentire , ac fortem constantemque sententiam dicere . et si duae senatum distinerent sententiae , cum ●liud alii ●●nferent , id quod senatus maxima pars decer●●xet , id ra●um fieri annotatum est . an exact list of the secluded members names still living and those refusing to sit , till their restitution , to undeceive the nation and world . the earl of ancram sir ralph ashton kt. arthur annesley kt. william arthington john arundel mr. ascough sir john barrington sir thomas barnardiston sir robert benloes sir george booth kt. sir humphrey bridges sir ambrose brown kt. sir roger burgoin kt. francis bacon nathaniel bacon edward bainton john barker alderman maurice barroe william bell alexander bence col. john birch edward bish john bond doctor of law john bowyer kt. john boyes kt. major brooks major general brown samuel brown serg. at law francis buller iohn bunckly kt. hugh buscoen kt. iohn button sir henry cholmley sir iohn clotworthy sir iohn corbet kt. sir iohn curson kt. iohn carew william carrent colonel ceely robert clives elias crimes lionel copley iohn crew sir thomas dacres kt. sir francis drake sir william drake thomas dacres iohn doyle mr. francis drake sir iohn eveling of surrey sir iohn eveling of wilts sir walter earl william edwards robert ellison richard erisy george eveling mr william fenwick william lord fitzwilliams sir edmund fowel william foxwist iohn francis iames fiennis kt. nathaniel fiennis iohn fiennes sir gilbert gerard kt. sir harbotle grimston samuel gardiner francis gerard thomas gewen iohn glynne serg. at law samuel gott thomas grove sir richard haughton kt. sir iohn holland col. edward harley kt. major harley thomas hatcher iames herbert peregrine hobby thomas hodges denzil hollis francis hollis george horner kt. edmund hoskins henry hungerford colonel hunt sir anthony irby richard jennings vvilliam iones sir norton knatchull george keckwich richard knightly sir iohn leigh sir william lewis sir martin lister sir william litton kt. sir . samuel luke henry laurence kt. colonel lee mr. lewis col. vvalter long col. iohn loyd kt. mr. lucas mr. luckin sir . thomas middleton kt. john mainard serj. at law . mr. christopher martin major general massey thomas middleton thomas moor william morris kt. george montague col. edward montague kt. sir robert napper sir robert nedham sir dudly north kt. sir john northcot ▪ mr. nash john nelthrop john nixon alderman mr. north col. norton kt. sir richard onslow kt. mr. onslow arthur owin kt. henry oxinden william owfield sir john palgrave kt. sir philip parker kt. sir thomas parker sir edward partridg● sir john pellam sir william platers sir john potts kt. sir nevil poole sir richard price kt. sir robert pye robert packer henry peck william pierpoint edward poole col. alexander popham mr. potter thomas povy william priestly william prynne sir frances rus●●l kt. mr. ravinscraft mr. ratclifft charles rich col. edward rossiter sir beachamp saint-john sir john seymor kt. sir thomas soam robert scawen mr. scut col. robert shap●ot col. shuttleworth mr. springate mr. simon snow henry stapleton edward stephens john stephens nathaniel stephens kt. john swinfen col. william stroud mr. shuttleworth john spilman sir john temple sir thomas treavor mr. temple mr. thistlethwait samuel terri●k edward thomas esaia thomas john thinne richard tolson kt. john treavor kt. tho. twisden serj. at law . samuel vassal edward vaughan kt. edward vaughan sir william waller tho. viscount wenman kt. sir henry worsly thomas waller esq william wheeler col. whitehead kt. henry willes capt. wingate mr. winwood william wray richard wynne kt. sir john young . in all . besides above . secluded members , now dead since . whereof many were knights of counties , and of these yet living , . are knights of shiers , with kt. added against their names . upon an exact view of the members now sitting , or which are permitted to sit , if they were all present , being about in number , there are not above . knights of shires , citizens , and the rest burgesses , whereof seldom . appear at once together : the excluded and deceased members being also considered , it will appear , that the house of commons consisting by right of members : whereof there are knights of shires for england , and . for wales : there are no knights of the shires sitting in the house for these english and welsh counties following , bes●●es there are no citizens sitting for ▪ cities following , viz. bedford shire cornwall cambridgshire derbyshire devonshire dorse●shire essex glostershire har●fordshire heref●rdshire lincolnshire lancashire middles●x munmothshire norfolk nor●humberland oxfor●shire surrey shropshire southampton suffolk somersetshire sussex westmorland warwickshire yorkshire angl●sey b●eckn●ck cardiganshire carmarthenshire . carnarvonshire denbighshire fli●shire glamorganshire pembrockshire m●●●gomeryshire rad●●shire and but knight of the shire in each of the nine following counties . berkshire ch●shire hunting ●●nshire kent leicestershire northamptonshire staffordshire wil●shire worcestershire and only the full number , of knights of the shire in buckinghamshi●e nottinghamshire , rutlandshire , merionethshire . york westminster bristol canterbury chester exceter oxford lincoln worceste● c●ichester carlisle rochester coventry wells have no citizens in the house . and but one of the for london , for norwich , for bath , glocester and salisbury alone of all the cities in engl. having their full number . and there will also appear now wanting & excluded about burgesses and many of them of the principal burroughs in engl. so that the whole number now permitted to sit is about and the whole number excluded or wanting besides the lords so tha● upon an indifferent calculation and survey , there will scarce the th part of the commons be found at this time to have members representing them in parliament , and yet these take upon them to act , enact and impose , * taxe● not only as a whole commons house , but as as an absolute , full and compleat parl. of england , yea of ireland and scotland besides ▪ whose parliaments they have quite swallowed up , and monopolized to themselves ▪ imposing taxes on them , which no english parliament ever did . c. plinii pan trajano dictus melius omnibus quam singulis creditur : singuli enim dec●pere & decipi possunt ●●nemo omnes , neminem o●nes fe●ellerunt . finis . printed january . . notes, typically marginal, from the original text notes for div a e- a exact collection p. . b ibid. p. . c ibid. p. , . d exact collection , p. . e ibid. p. . * nota. f exact collection , p. , . g exact collect . p. . h ibid. p. . i exact collection , p. . k exact collection , p. , &c. l exact collection , p. . m exact collection , p. . n exact collection , p. , , , . o exact collection , p. . p ibidem p. . (q) exact collection , p. . r p. . s p. . t exact collection , p. . u ibid p. . x ibid. p. . y ibid. p. . z ibid. p. . a exact collection , p. . & appendix , p. . b a collection of orders and ordinances of parliament in fol. p. , , . c a collection , &c. p. , . d a collect. p. . e. essex title . e ibid. p. . f ibid. p. , , . g ibid. p. ▪ * exact collection , p. , . , , , , , , , , to . , , , , , , . , , , ▪ , to . * none therefore , much lesse the majority of them may or ought to be suspended or secluded by the minority , or armed force . * see mr. pry●●es speech , decemb. . . * mr. edward stephens , and col. birch . * the army officers had thrice accesse into the house , the very day they secured and secluded the members out of it . * a pretty distinction to evade their order . nota * exact collection , p. , to . * who to make it sure dissented also , dec. . nota. nota. * see mr prynnes true and perfect narrative . * this was a new addition , not mentioned in any former orders . * not entred . * fidelissima custodia illius innocentia , hoc inexpugnabile munimentum munimento non egere , pli● . pa● . traja●● dictus . (a) see mr. prynnes , part of the register of parliamentary writs , p. , , , , part . p. , , . plea for the lords , p. , , . (b) plea for the lords , p. , to . the . pt. of the register of parliamenttary writs , p. , , , , , . , to . exact abridgment ▪ p. . (c) first part of the register of ▪ parliamentary writs , p. , , . plea for the lords , p. , to . exact abridgement , p. , , , , , , , , , , , , , , , , , , , , ● , , ▪ , , , , , , . , , , , p. , , , , , , , , , , , , . * h. . c . h. . c. . exact collection , p. . , , . a collection , p. . grotius de jure belli . l. . c. . ● * cook● 〈◊〉 report , p. . . see scobels memorials of the method and manner of parliaments , c. . . (f) scobels memorials . cooks institutes , p. . g dyer , . a. . a. ashes tables , error , to . and the lawbooks there cited . (p) scobels mem●●als , c. . see h. ● . i see . h. . c. . h. . c. . brook and fitzherbe●● , and ash . title dure●s . a collection , p. , , . (b) plea for the lords , p. , , . (c) exact collection , p , , to . (a) a collection of ordinances , p. , , . * jan and feb. . & , , , , , , , , , , , . augusti . , , , , , , , . sept. . octo. . see the parliament rolls , wherein receivers & triers of petitions are still appointed at the beginning of every parliament . exact abridgement of the records of the tower , tit. parl. in the table . the . art of the register of parliamentary writs . and plea for the lords , p. , , . * plea for the lords , p. ● to . * being by act of parliament . (m) lit sect. . cooks inftit . ● . , , , . . hobards reports , p. , . dyer . r. . c. . * cicero in antonium , (p) s●●●i●zherbert , brooks , s●●ham and ash title variance . * seneca tragin medae● . * alexand ab alexandro , gen. dierum , l. . c. . interrog●vit quisque quod placuit ; di●●e●tire , discedere , & copiam judicii sui reip. facere : tutum f●●t , consultio●nes atque dinumerati sumus , vicitque sententia ●on prima ▪ sed melior & major . c. plin. pan. trajano dictus , p. . * gen ▪ . . * exact collect . p. . s evact collection . p. , , . t exact collection , p. , . u modus tenendi parliamentum , cooks ▪ instit. c. . x a collection of ordinances , p. . , , &c. y a collect●o● p. , . * a collection p. , , , , . (z) see the d . part of the history of independency , and their declaration of march ▪ . * a lawyer now ●itting , lately used these words of the secluded members , that they would still keep them out perforce , and hold their noses to the grindstone , because they had the army on their side . (a) rom. , , , . prov. , , . obad. . . judg. . . rev. . . * cooks . rep. f. , . (b) pan. trajano dictus , p. . & lip●ius commentar. . ibid. p . (c) de clementia , l. . d in antoni●m . (e) register of parliamentary writs , part . p. . (f) e. . . r. . . h. . , . h. . . jac. c . brook parl. , . , , ▪ cooks instit. c. . * cooks instit. p. , to mr. hacwel●s , judge hut●ons , crooks , and mr st. johns arguments & speech against shipmony and impositions . (h) groti●s de jure del i , & p. ci● , l. . c. . feet . alex , ab alevandro , gen. di●●um , l. . c. . * page , , . . * the seizing of . pounds ready money by armed troopers and souldiers in a citizens house in pauls church-yard at . of the clock at night , the th . of this january , and carrying it away by order from white-hall , is a memorable performance of this declaration . * si● robert pye , and major fincher . * see the letters from the co●nties of cornwall , devon ▪ berk● , glocester , northampton , suffolk , &c. * the highest & worst of tyra●n●es and treasons . * rom. . , ▪ . pet. . . * exact co●●●tion , p. . notes for div a e- * and that not only on the laity , but clergy too : who cannot legally , and were not formerly taxed , but only by their own ●●ee grant and con●ent in convocation . the parliament doth declare, that the recognition of the government by the members of this parliament in the words following; viz. i do hereby freely promise and engage, to be true and faithfull to the lord protector, and the common-wealth of england, scotland and ireland, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the parliament doth declare, that the recognition of the government by the members of this parliament in the words following; viz. i do hereby freely promise and engage, to be true and faithfull to the lord protector, and the common-wealth of england, scotland and ireland, ... england and wales. parliament. sheet ([ ] p.) printed by william du-gard and henry hills, printers to his highness the lord protector, london : . title from first lines of text. order to print dated: thursday septemb. . . signed: hen. scobell, clerk of the parliament. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . oaths -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the parliament doth declare, that the recognition of the government by the members of this parliament in the words following; viz. i do here england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) the parliament doth declare , that the recognition of the government by the members of this parliament in the words following ; viz. i do hereby freely promise and engage , to be true and faithfull to the lord protector , and the common-wealth of england , scotland and ireland , and shall not ( according to the tenor of the indenture , whereby i am returned to serve in this present parliament ) propose , or give my consent to alter the government , as it is setled in one person , and a parliament , doth not comprehend , nor shall be construed to comprehend therein the whole government , consisting of fourty two articles ; but that the same doth only include what concerns the government of the commonwealth by a single person , and successive parliaments . thursday septemb. . . ordered by the parliament that this declaration be forthwith printed and published . hen. scobell , clerk of the parliament . london , printed by william du-gard and henry hills , printers to his highness the lord protector , . a proclamation of both houses of parliament, for proclaiming of his majesty king of england, scotland, france, and ireland, defender of the faith, &c. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a proclamation of both houses of parliament, for proclaiming of his majesty king of england, scotland, france, and ireland, defender of the faith, &c. england and wales. parliament. sheet ([ ] p.) printed by john macock, and francis tyton, printers to the house of lords, london : . "though the kings right was complete by his father's death, yet since 'armed violence' has deprived them of the opportunity hitherto, the lords and commons, with the lord mayor, &c., of london and others, proclaim that the kingdome came to him on his father's death, and that he is king of england, scotland, france, and ireland, &c." -- cf. steele. order to print dated: die martis, may . . signed: jo. browne, cleric. parliamentorum. reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . england and wales. -- sovereign ( - : charles ii) -- early works to . great britain -- history -- charles ii, - -- early works to . a r (thomason .f. [ ]). civilwar no a proclamation, of both houses of parliament, for proclaiming of his majesty king of england, scotland, france, and ireland, defender of the england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms a proclamation , of both houses of parliament , for proclaiming of his majesty king of england , scotland , france , and ireland , defender of the faith , &c. although it can no way be doubted , but that his majesties right and title to his crowns add kingdomes , is , and was every way compleated by the death of his most royal father of glorious memory , without the ceremony or solemnity of a proclamation ; yet since proclamations in such cases have been alwayes used , to the end that all good subjects might upon this occasion testifie their duty and respects ; and since the armed violence , and other the calamities of these many years last past , have hitherto deprived vs of any such opportunity ▪ wherein we might express our loyalty and allegiance to his majesty . wée therefore the lords and commons now assembled in parliament , together with the lord mayor , aldermen , and commons of the city of london , and other freémen of this kingdom now present , do , according to our duty and allegiance , heartily , joyfully and unanimously acknowledge and proclaim , that immediately upon the decease of our late soveraign lord king charles , the imperial crown of the realm of england , and of all the kingdoms , dominions , and rights belonging to the same , did by inherent birth-right , and lawfull and undoubted succession , descend and come to his most excellent majesty charles the second , as being lineally , iustly , and lawfully next heir of the blood royal of this realm ; and that by the goodness and providence of almighty god , heé is of england , scotland , france , and ireland the most potent , mighty , and undoubted king , defender of the faith , &c. and thereunto wee most humbly and faithfully do submit and oblige our selves , our heirs and posterities for ever . dated the th day of may . die martis , may . . ordered by the lords in parliament assembled , that this proclamation be forthwith printed and published . jo . browne , cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , . the banner of love, under which the royal army is preserved, and safely conducted being a clear and perfect way out of wars & contentions : with a short testimony unto the way of peace, given forth for the edification and comfort of all that truly fear god / written by ... william smith. smith, william, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the banner of love, under which the royal army is preserved, and safely conducted being a clear and perfect way out of wars & contentions : with a short testimony unto the way of peace, given forth for the edification and comfort of all that truly fear god / written by ... william smith. smith, william, d. . , [ ] p. printed for robert wilson ..., london : . reproduction of original in duke university library. signed at end: william smith. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- religious aspects. society of friends. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the banner of love , under which the royal army is preserved , and safely conducted . being a clear and perfect way out of wars & contentions ; with a short testimony un●● the vvay of peace . given forth for the edification and comfort of all that truly fear god. written by the hand of one who bears good will to all men , william smith . london , printed for robert wilson , at the sign of the black spread-eagle , and wind-mill , in martins le grand , . the banner of love ; under which the royal army is preserved , and safely conducted . the loving kindness of the lord god is abundantly made manifest , and with the cords of it the hearts of many are drawn unto him , and made willing to love , serve and obey him , and to deny what is contrary to him , and to follow his leadings to come into more acquaintance with him ; whereby there is a true tenderness begotten , which doth earnestly thirst after him , and there is nothing so dear as his love , and for his love the world is denied , & the thirst is more and more increased after god , and presses after more communion with his love , and in the breathings the love opens , and the streams thereof reach the thirsty , and with the sweet savor of it the thirsty is refreshed , and it becomes exceeding pretious , and in it strength is renewed , and the bones are made fat , and so the breathing babe is nourished ; and this fountain is freely opened , that all that thirst may come , and all that hunger may be partakers of the love of god , and in the light of christ it is obtained : for it is given of god to seek those that are out of the love , and to bring them into the love ; and as it appears to discover that which separates from the love , the mind turning unto it , the judgement takes hold , and that which separates from the love is denied , and upon the cross crucified , and the power removes it out of the way , whereby there is ease given to that which is oppressed , and the w●y is cleared of that which separated from god , and so the light leads out of the earth and all earthly things , and leads up to god the fountain of eternal love , in whose pure , presence the fulness of joy is found : and as the light is believed in , so is the translation wrought , and the power puts off the old , and makes all new , and a birth comes to be born that is of god , and it loves the father and delights to do his will , and the father spreads his love over it for a banner , by which it is protected and preserved in its growth and increase ; and what it makes war against , the love is a banner over it , and the furious beasts are thereby stopped , and also driven back , and that which presses after communion with god , it goes forward , and the banner of love is spread over it ; and this is the great battel to be fought , and unto it hath the lord god gathered a remnant , and orders them under his banner , by which they are encouraged to make war in righteousness , and in love to overcome their enemies , and in patience to silence the foolish and gainsayers ; and of the immortal seed is this royal army born , and they are conquerours through him that loves them , and spreads his banner over them , and their weapons are love and patience , by which they overcome ; and they do not think ill to their neighbors , but love their enemies , and are ready to do good to those that are contrary minded ; and they would have all come to the love of god , that they might be saved ; and what the father leads them unto , his love constrains them to follow , and when they are persecuted the love constrains them to bless , and in patience they endure it , and seek no revenge upon it , but overcome evil with good : and this is the royal army of the lamb , who are born again , and redeemed out of the world , and their union is with that which was before the world , therefore are they persecuted and evil entreated by the world , who are separated from the love , which they are partakers of , and over whom it is spread for a banner , and they have nothing in their hearts but love and good will to all men : and this is an army that the lord god hath gathered , and is gathering , from amongst the earthly warriors , whose strength is in the horse and his rider , and the lord god puts into their hands the spiritual weapon , and with it they go forth to battel , and they seek to save mens lives and not to destroy them , their weapon is stretched forth to cut down the proud lustful nature , from whence all warrs arise , and so to bring people to the meek and quiet spirit , and to live peacebly with all men . and this is not like the aliens army , who are strangers unto that spirit that leads into love and good will , and to do justly , and walk humbly with god , it is quite of a contrary nature ; the aliens army draw their swords , and kill one another ; the royal army have put up their swords , and would have all men saved ; and who needs to fear such an army , whose banner is love , and their weapons good will ? there need no horsemen and strong armies to oppose them , nor prisons to quiet them , for they are marching under the banner of love , and in love meet their enemies , and quench their fury ; and whatever can be done against them , love is their banner , and with it they are wonderfully preserved , and as any thing arises to turn them back , the love protects them , and is a sure refuge for them , and with it they stand armed , and the fiery darts are quenched ; and though the wicked may strike exceeding soare , yet doth the love defend and preserve , and from it there goes forth a mighty strength , that drives back the wicked one , and overcomes him , and under this banner is safety , and in this royal army is love and good will , and to be born into the love , there is strength received , and the enemy is driven back and confounded , and all that keep under the banner they are kept from danger ; for it goes before and leads forward , and it also comes behind and is the rereward , so that the army is compassed about with love , and it is the banner over them , and safely conducts them in their travel , and makes their passage easie , so that they willingly go forward , and march boldly in the strength of love , in which they are stronger than their enemies ; and one falls at the right hand , and another at the left , and as they would stop for going forward , the love wars against them , and overcomes them , for there is nothing stronger than love ; it makes an easie passage and drives that back which stands in the way , and whatever rises , it falls again , and the armies of the aliens are put to flight ; for in the strength of love one chases a thousand , and the army of royalty marches forward and takes possession , and they are kept under the banner of love , and are ordered by it , and it is a bulwark for them , that the enemy cannot come ▪ any way to touch them : and this is the banner that keeps unto the end , and who are gathered to it , and travel under it , their strength is in it , and their diligence is to be kept faithful , and they stand watchful , left they should be drawn aside and thereby fall into danger ; for the enemy is near , and if the watch be not kept , he will tempt , and also entangle , and so bring the hands to be weak , and the knees to be feeble , and draw the mind to look at the weakness , and then bring up his army , and place them in the way , and they appearing mighty in strength , he then draws into reasoning which way they must be overcome , and if that cannot be seen speedily , then he draws to consult which way to escape them ; and if he take not there , then he labors to drive back again , as if it were not possible to overcome such strong enemies in such a weak and feeble state ; but he is a liar ; therefore let none encline unto him , though here he hath wronged many , and hath secretly entised them from under the banner of love , and hath drawn them out of the order of gods royal army ; but the watchful are preserved in safety , and walk in the strength of love , and believe that all things are possible , and their faith works by love , and in the faith they go forward , and by faith in the love they are made conquerors ; and these are free-born children of the living god , who are gathered under the banner of his love , and there fight against the world , the flesh and the devil , against principallities and powers , and spiritual wickedness in high places , and they stand by faith , and fight the good fight of faith , by which victory is obtained , and in the faith that works by love , flames are quenched , lyons mouthes are stopped : and this is the saints weapon with which they go forth to battel , and in which they are made stronger than their enemies , and they are of the royal seed , that god hath blessed , and are true followers of the lamb , and fight under his banner and they must have the victory ; for in the love are all things ended , and as the lamb appeares and spreads forth his lovely banner , so unto him will the gathering be ; and unto his royal army there shall be a great increase , and they shall wax stronger and stronger , and their enemies weaker and weaker ; and as the gathering is unto him , and his banner known , so will swords be beaten into plowshares , and spears into pruning hooks , and wars will cease , and cruelty come to an end , and love will abound , and the banner of it reach over nations ; and this is the lord bringing to pass with his holy arme , and a lovely army hath he gathered , and they willingly follow him , and his banner over them is love , and under it they are protected , and safely conducted , and goe forward in the strength of love , and all that withstands them must fall before them ; for the lamb makes the way , and his royal army follows him , and he exalts himself upon his throne , and establishes his own government in everlasting righteousness , and in his royal army doth his purity shine , & his meekness , patience and gentleness , is the garment of their praise , and with his vertuous life are they beautified , and their strength is in him , and under his banner they abide , and when he leads , they stand in readiness to follow , and so keep the good order , and he prepares the way and makes it easie ; and though many tribulations and afflictions come upon them , yet he doth not forsake them , but stands by them , and his lovely banner covers them , and with it he preserves them , and he bears the affliction with them , and so upholds them in it , and makes way through it , and works deliverance from it ; and this is the lamb of glory , who leads his royal army in the way of peace , and he proclaims his peace on earth and his good will towards men , and doth not destroy mens lives , but appears to save them ; and the same mind he begets in his followers , who are an army of peace , as he is the prince of peace ; and yet they fight his battel , under the banner of his love , and their warfare is not carnal , but spiritual , and in the spiritual he sets up his own kingdom , and into it he conducts his royal army , and there gives unto them an everlasting inheritance , in his everlasting kingdom , which doth recompence their faithfulness ; and these are a royal army that fight the lords battel boldly , and yet dare not destroy the life of any , but abide under the banner of love , and there in patience rest ; and he appears his own cause to plead , and makes them more than conquerors through his own love ; and these are a peaceable people , who are guided by a peaceable principle that is of god , and in peace they obtain the victory , and the lamb comes forth in his power , and takes the dominion , and sets up his own government in the kingdom of peace ; and this is a spiritual work , and it is his own , & not to be accomplished by any carnal weapon , for that cannot establish a spiritual kingdom , and the lamb's kingdom is spiritual , his government spiritual , his royal army spiritual , & they cannot fight about an outward kingdom , but mind the inward work , and to be kept with him , whose kingdom is not of this world ; and so they come more into an inward spiritual work , and wait to know an inward spiritual change , whereby christ is revealed in spirit , and comes in his power and glory , and takes his right and sets up his kindom , and in it reigns , and puts down all his enemies under him ; and this is his battel in which he appears to exalt his own name in dominion , and in his right he reigns this day , and he is the king of a royal army , who are strong in his strength , and lovely in his beauty , and unto him alone they give the praise and glory . now all that are striving and warring , and have it in their hearts so to do , and thereby think to set up their religion , and their observation ; or such as expect a time in which christ will appear personally upon the earth to reign , and have it in their hearts to cut off and destroy the contrary minded , and so by weapons of war fight for his kingdom , and thereby exalt him into his dominion , unto such sorts of people it is said , be still and quiet , lest ye put sorth your hand to do evil , and so provoke the holy one to anger , and in your froward minds provoke one another , and so kindle wrath and anger one in another ; from which comes all wars and contentions , which is not the way that christ appears in , nor the path in which he leads his royal army : therefore let all men appear in the moderation , and cease from warring and fighting , and killing one another , and let them mind the thing that concerns their own peace , and follow that pure principle of light in their own conscience , which will teach them to put up their swords , and to live peaceably with all men ; and it will purge out that revenging blood-thirsty spirit which provokes hastily to commit cruelty , and it will not suffer one man to kill another , for it commands the contrary , and he that kills transgresseth against it , and is not of the lamb 's royal army , who have put up their swords and cannot learn war any more ; and unto such it is said , be faithful still , that a clear deliverance may be wrought out , and let the patient be patient still , that patience may have its perfect work , and that there maybe an intireness ; so will the lamb lead up his royal army , unto the fountain of living waters , and there reward them with fulness of joy , and crown them with glory and immortality ; and this is his day , and with his royal army he goes forth , before whom the nations must tremble , and the glory of all flesh must be stained : for his work is new , and he will not piece it to the old , but the old must pass away before the glory of his rising . and now is the lord god crowning his seed , and giving unto it the power , and glory , and dominion ; and the righteous rejoyce , and the royal army are glad : for he is come whose reward is with him , and his power he takes unto him and reigns , and thus is his kingdom come , and the joy and peace therein is known , and the banner of love is spread over the flock , and they are gathered in the one spirit , and are the one people , of the one only true god , and with one heart they offer a sacrifice upon the holy altar , which is for a praise throughout the whole earth . stand still ye aliens and see the salvation of god : go on ye free-born children , for great is your reward . a short testimony unto the way of peace . the life of christ is sweet , it is the substance of whatever can be spoken ; to inherit a measure of it is joy and peace , and the desire of the simple is abundantly satisfied therein ; it is the one thing needful to be chosen , and being chosen , to be watchful in it to abide ; for the erring from it goes down to death , and without it is distress and sorrow ; it is abundantly revealed in this day , and the breasts of it are layd open to the weary ; it hath its course in the valleys , and flowes in the channel of lowliness ; the humble meet it in the way , and in the pure streames they receive their portion ; to be low and humble is the way of life , and therein do the lambs enjoy their pasture ; as it is tasted it draws still after it , and the more it is tasted , the more it is beloved ; and as it is beloved the more it springs , and flows to that which thirsteth , and in patience waiting the virtue of it is felt , and the mind sinks down , more into it and the delight is in the sweet savour of it : this is the way of the humble , and this is the path of the lowly mind ; hither do all the lambs resort , and here do the babes receive their consolation ; it is the endless fountain that ministreth to the thirsty , and releives the weak and feeble in their travel ; in it are all things done , without it nothing ; life is the strength of all , and in the humility it is possessed , and in the meekness , the riches of it are felt ; the lowly feel the way of its passage , and in the path of humility it runs exceeding sweetly ; they that abide in their measure , receive their consolation , and feel their gathering into union with life , and in it are translated out of the earthly , and so an undefiled birth is born , which in the chaste mind is retained , and truly beloved , and unto it alone belong the issues from death ; it is not to be contained in any one place , nor comprehended in any one vessel ; there is no limitation of its breaking forth , but when and where , and in whom it pleaseth ; it prepares the vessel for its use , and makes it honourable in its own holiness ; it springs and fills according to its pleasure , and the vessel must be new that doth contain it ; this ▪ is the day of its renown , and many partake of its precious virtue ; the low estate is exceeding sweet , and to be truly humble is the way of life ; to keep self in the nothingness , brings in joy and peace , and to be abased makes truly contented ; for in that path the streams do run , and in the savor thereof is sweet consolation ; the patient waiter knows it , and the humble in heart can seal unto it ; and this is a birth of innocency born of immortality , and as it doth arise it humbles the mortal unto the death of the cross , and makes self of no reputation , and in the believer it works its own freedom , and purges out the corruptible , and makes way into the believers heart , and puts joy and gladness therein , whereby a supply is ministred unto that which stands in need , and with this are the babes nourished , and the lambs refreshed , and herein is joy and peace obtained and truly possessed ; and as the mind in the lowness sinks down to the life , so doth the life exalt it self into honour , and spreads abroad its renown in the heart , and becomes exceeding glorious in the beauty of its own holiness , and fills the vessel with its perfect life , whereby the adoption is wrought , and a child brought forth that is an heir of god , and a joynt-heir with christ , who in the believers heart reveals his innocency , and in the humility brings forth his glorious image , where he is felt in the covenant of his grace , and enjoyed in the power of his endless life ; and then he is truly touched , and his vertue received , in which strength is perfectly renewed , and an increase and growth witnessed , and the innocency springs , and brings to god the father , and the heart unto it is joyned and united , and is made one with the father , and with his son jesus christ ; and so he that begets , and he that is begotten are truly loved ; and in the lowness this comes to be attained , and the glory of it revealed , where he is beheld who is the only begotten of the father , full of grace and truth : for through the judgement that comes to be separated , which cannot be united , and then the innocent is raised , and the meek quiet spirit springs , and thereby life is given , and there is a partaking of it and a living by it , and this is sure bread , that nourishes and strengthens with his living virtue , and ministers sweet consolation to the worthy receiver , and many are made partakers of it , and thereby are strengthened in their testimony for god ; and though many exercises come upon them , yet they are upheld to stand faithful , and as the mind keeps down , and abides in the fear , the lords name is known , and the safety in it , and the wicked one cannot touch , though he may strongly tempt ; but as he appears he is judged , and the innocency preserved , and the simplicity retained , which is exceeding precious to be enjoyed ; for innocency and simplicity is ever accompanied with joy and felicity ; and to be in union with the innocent life , is joy and peace , and the love arises and sheds abroad in the heart , whereby the heart is overcome to love god , and all babes born of the innocent life , in which perfect unity is felt , and the love hath a free course , & knits the heart unto god & unto one another , whereby a tenderness springs one towards another . so that humility is the way to come into true unity , where there is nothing remaines , but love out of a pure heart , that seeks not to be exalted , but still to be humbled ; and in this path the love and life of god hath a free course in every particular , and meets in the unity ▪ and embraces each other , where the innocent life hath its rejoycing , and in true love and tenderness reacheth to its own in each vessel , and in this state there is true satisfaction and contentment ; and a great carefulness there is , lest the sweet savour of it should be at any time lost ; and it is of a bearing and long-suffering nature , and in the humility keeps in the feeling , and possesses its portion , and it hath enough as it partakes of the love in the unity ; and it strives not after the enjoyment of any thing , but waits to keep in the taste of the sweet savour of the life ; it covets not to be rich , that thereby it might be exalted , but keeps down in the poverty , and in the humility inherits life and immortality ; and it travels in lowness and plainness for preserving in love and peace ; it seeks not after worldly glory , for of the world it is not , but the power of an endless life it is ; and in many hath the lord god revealed it , who therein feel his presence and peace , his love and grace , and are partakers of it through his own good will ; and his love is felt , wherewith he loves his own , and there is a watchfulness to abide therein ; so that he reveals it more and more according to his own pleasure , whereby the innocency is strengthened , and the glory of its holy life spreads in the vessel , and so a death comes upon self , with all its glory , and a new life in the seed is felt , which lives to gods glory ; and when at any time the love is not felt , nor the refreshings of it ▪ tasted , then doth the babe sit in the lowness , and wait in the patience , until the spring opens in its own freeness , and when it opens none can shut , as when it shuts none can open , and when it opens it fils with love , and mightily goes forth to heal , and bind up in unity ; and though in the innocent life unity cannot be broken , yet who are not born of it , have not unity with it , nor with such as are truly of it ; but something would be exalting out of the humility which god doth not give grace unto ; but where the mind keeps down in the light this cannot enter , but is kept under judgement , through which innocency is brought forth , and in love it doth abound and draws the heart into it , and fills it with the excellency of its treasure , whereby the heart comes to be perfectly united to it , and unto all that are born of it , and thereby there is oneness made in christ , and then no more twain but one new-man in him who makes peace , and reconciles to god the father in one spirit , in which union is felt with god , and with all born of god ; and there is nothing so sweet as here to dwell together , and to come into this habitation is joy and peace for ever ; and in this holy birth of the seed , there is but one heart and mind , and so one people unto the lord god , who are truly his own people , his chosen generation , his royal off-spring , and he is raising them in his authority to trample satan under foot , who labours in his subtilty , many and divers ways to wrong the innocency , and in nothing more than in breaking unity , but his head is bruising , and he must go down into a bed of sorrow , and the innocency come up into peace and joy ; in the way of the humble is this known , and in the path of the poor it is brought forth and perfected , and no way is so safe as the way of the humble , for there is gods teachings known , and his hand is felt that brings down into death , and quickens and raises a new life , that seeks nothing but his glory , and as it is brought forth it travels to convert sinners unto god , and when they are converted , then to strengthen them and build them up in their most holy faith , and so to bring every one to the measure of god , that they therein may be edified and comforted ; and this is truly the son of humility , whose travel is for peace and unity , and the lord god is satisfying the travel , whereby the faithful in unity rejoyce together , who have born the burden and heat of the day , and have not been slack in their testimony , but through perils and dangers have travelled , to gather people unto god , and to bring them into the unity of the spirit of god , which he is largly fulfilling in this day ; and as the mind keeps down and waits in the stilness , so doth the life arise , and in it is the desolate comforted , and the needy relieved , and the love and unity is felt and enjoyed , and with its strong cord it joynes perfectly together , and knits the heart into oneness , and makes a willing people in one pure heart , whereby the one onely true god is served and worshipped , and in his own work praised ; and this honour have all the saints , who are born of the innocent life , the lord god is with them and amongst them ; and in the midst of afflictions his comforts delight them , and his goodness abounds in them ; and this is joy for mourning , and gladness for heaviness , and in the humility the garment of praise is received , and the birth immortal is cloathed with it , and god gives his grace unto it , and therein it is beautified and honored ▪ and this honour cannot be attained until humility go before ; and this is the honour which the lord god is bringing forth by a strong hand , and by an outstretched arm , and in this simple innocent state the springs of life are felt and the streams thereof have a free course , and they flow in the heart , whereby the love is felt in its fresh visitations , and the mercies in the renewings , and the heart is gathered into it , and is made one with it ; so that there is a habitation known in the love , and from the love nothing can separate , but the heart is more and more quickned to love god , and to love all the children of god , and this flows out of a pure heart servently , and truly loves the least babe , and succors and relieves the weak and feeble ; and with this garment are the humble cloathed , and are very beautiful and amiable , and the lord keeps them in his saving strength , so that in love they do abide , and it increases more and more in them , and in it they grow up to perfection , and when the love is perfect , all fears with their torments are cast out ; so that to endure afflictions is joy , and not worthy to be compared to the glory of innocency revealed ; and this keeps close with god , and girds up the mind into perfect union with him , where the life is felt and sed upon , which doth truly satisfie the desire of the hungry ; and in this state there is contentment , and in content there is perfect peace and joy : so the way of the humble is the sweetest path , and in choosing of it there is great reward , for in it is innocency found , and there doth love spring and abound , and the life is tasted in which innocency is increased , and the growth of it is in a sweet pleasant valley , where the streams hath their constant course , and is alwayes touching and nourishing the root , which causes every branch that partakes of the sap , to become exceeding fruitful ; and the vesture is then made glorious , with which the kings daughter is beautiful within ; and when the darkness at any time works to draw out of the humility , and to betray the innocency , the watch discovers it , and the secret workings of it , and in the light it is seen to be of that nature , which will defile the pure innocency , and near the beauty of its holy image , so with the light it is judged , and is not touched , and from it innocency is preserserved , and still springs in it ▪ s purity , and spreads it self more in its tender life , and beautifies the house of its holiness , and the image of it is love , and in its holy life is unity and peace ; the mind that keeps low , feels it , and waiting in the humility it is known in the enjoyment of it , and the unity is with it , and with all that are born of it ; then the love is like a fresh stream , that cannot cease its course , nor stop its flowings , but must shed it self abroad , and embrace its own in the unity , and there is no habitation that yields the like peace : blessed are they that are born into the love and life of the innocent immortal seed , for they are children of the kingdom without end , and are bound up in unity , and keep the bond of peace . and here was the holy order of gods creation before transgression , and it was very good in his fight , and into this order of unity and peace is the lord god restoring by the resurrection of life , in which the seed is known , and its holy order in the unity , and in its own innocency it creates peace , and hath its ministration in its self , and gives forth 〈…〉 requires , whereby every member is supplied , and the whole body in unity nourished and comforted , and so grows up unto an holy temple in the lord , which he fills with his glory , and hath the preheminence , and is the head unto whom all the members are subject ; and he binds them up in the bundle of life , and makes them partakers of his divine nature , in which they are truly one , and his love constrains them to love him , and to love one another , and hereby they are perfectly known to be his disciples and his chosen inheritance ; and he ordains peace for them , and gives it to them , and men cannot take it away from them ; and they in the love , and life , and peace of the seed , rejoyce together , and are comforted one in another . so in the humility the seed of honour springs , and reveals its innocent life , and spreads abroad the glory of its renown , and all the little babes it covers with its own innocency , and cloathes them with a garment of righteousness , whereby they are translated into the heavenly , and stand adorned with purity and chastity , and profess the treasure of wisdom and life : and this is the cause that the lord god will plead , and who abides faithful in it shall receive their reward , and shall come to the end of their testimony in peace and joy , and shall meet with a portion to answer their tribulation ; and this testimony doth truly spring from the innocency , and in meekness and humility is given forth , and unto the innocent reacheth in the love and life of unity , that unto it the gathering may be , and every one may feel it in the increase , and therein grow up into the measure of the statu●e of the fulness of christ ; for as the fear abides upon the heart , so is the mind kept down and low , and walks in the humility in which 〈…〉 there is safety ; and when at any time it is lifted up , and exalted by any wile of the enemy , and that there is a departing out of the fear , and a going from the path of humility , then comes trouble and sorrow ; and as the light is minded , the particular state is opened , and it is seen what is uppermost , and bears rule in the heart ; and by diligent waiting the present condition opens more and more , so that the book of conscience , and the things that are written therein , are made manifest , and they are discerned with an understanding , and it is seen what the union is with ; and if it be not innocency in the true love and unity , the light reproves it , and judges it , and the judgment being waited in , the innocency springs and encreases , and in the midst of judgment mercy reaches to it , and in the mercy it grows and comes into dominion ; then is his mercy known over all his works , and in the mercy , love and unity is preserved : so nothing is more safe , than for every one to be minding their own house , and see how their own family is provided for , that every particular may in themselves feel good order , and their own habitation keep in peace and quietness , which gives true satisfaction and contentment , and every one will then feel the good order of the body in unity , and will enjoy their peace and daily consolation ; and this is exceeding sweet and precious , and more to be desired than whatever is beside it , that the innocent life of the holy seed may reign , and that it may be the garment of all that this day bear testimony unto god's living truth ; so will the glory of its renown spread over the nations , and the beauty of its holiness shall still ravish the hearts of many , and the lord god everlasting , whose love is without end , he will certainly plead with all that stand in the way , and break down the high mountains that are proudly exalted , and he will feed the innocent babes , and increase their strength , and make each one stronger than the strength of enemies ; and who walks in the way of the humble they do know , that god will not spare the proud , neither withhold his grace from the humble , but he will lay down the one and exalt the other , for he will have the seed to reign ; and in this holy birth of the immortal seed , an immortal inheritance is possessed , wherein the blessing , and joy and peace is obtained , which doth constrain to give up the body and spirit to glorifie god ; and all that abide faithful with god , and walk in their own measures received , he will replenish them with his goodness , and satisfie them with marrow and fatness ; for he will bless the humble and crown the innocent with glory and renown for ever . the day of the lord is glorious , in which he hath gathered a people to walk in his fear , and to follow him in the path of humility , where he teacheth them and makes them to understand his precepts ; and he fills them with his love , and spreads it over them , and keeps them under the shadow of it , where they rest in the feeling of his presence , and thereby their hearts are enlarged to him , and his love constrains them to keep a conscience void of offence , and neither to sin against him , nor to do any violence unto men , but to walk soberly and peaceably , and to behave themselves in love and tenderness unto all people ; and in the one spirit hath the lord gathered them , and in the one spirit he hath bound them up , and they are his people , and he is their god , and dwells amongst them , and walks in them , and the prince of peace orders them , and they are his royal army , in whose love and life they stand in unity , and give up their bodies and spirits unto god , that his own will may be done , and the intents of his own heart performed , and his own name therein glorified . william smith . from worcester county goal , being there a prisoner for obedience to the command of jesus christ ; second month , . the end . by the committee of safety of the common-wealth of england, scotland, and ireland. a proclamation touching the summoning of a parliament england and wales. committee of safety. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the committee of safety of the common-wealth of england, scotland, and ireland. a proclamation touching the summoning of a parliament england and wales. committee of safety. sheet ([ ] p.) printed by henry hills, and john field, printers to the committee of safety, london : [ ] dated at end: whitehall this . day of december. . annotation on thomason copy: "xber [i.e. december] . .". steele notation: condition ment hope; arms a. reproduction of original in the folger shakespeare library. eng england and wales. -- parliament -- rules and practice -- early works to . london (england) -- history -- th century -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no by the committee of safety of the common-wealth of england, scotland, and ireland. a proclamation touching the summoning of a parliament. england and wales. committee of safety a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the committee of safety of the common-wealth of england , scotland , and ireland . a proclamation touching the summoning of a parliament . the council of officers of the army , upon consideration of the present condition of affairs in this commonwealth , and the great distractions now fomented by the enemies thereof ; and being satisfied that the most probable means under god for the appeasing of all discontents , quieting the peoples minds , and preserving of their spiritual and civil rights and liberties , will be , that a parliament , without a single person as chief magistrate , kingship or house of peers , may speedily be called , who , through the gracious assistance of our god , may proceed to such a settlement of the government of this commonwealth , as may be for the security of the cause wherein the good people of these nations have been , and still are engaged ; and that their intentions of setting up the civil authority , and being subservient thereunto may be brought to effect , they have held it their duty by all good means within their power to be instrumental in procuring the same , and in order thereunto , have made known to the committee of safety their desires herein ; and that the committee would take speedy order that the same may be put in execution for the ends before mentioned . whereupon this committee being ready to contribute their utmost endeavours in so good a work , and so much tending to the satisfaction of all good men , and to the preservation of the peace , liberties and rights of this commonwealth , have thought fit , and do hereby publish and declare , that writs under the great seal of england , shall forthwith be issued for the summoning of a parliament , as aforesaid , to be held in the usual place at westminster , upon the four and twentieth day of january next ensuing ; and this committee do hereby exhort and require all persons of what condition soever , that in the mean time they do not act or promote any thing to the disturbance of the publique peace , but that they do demean themselves peaceably according to the law , expecting and resolving to submit unto what the parliament shall in their wisedom think fit to order concerning the great affairs of these distracted nations , wherein they humbly pray and hope that the lord will be pleased to vouchsafe his gracious presence and assistance . given at whitehall this . day of december . . ordered by the committee of safety , that this proclamation be forthwith printed and published . will. robinson , clerk of the committee of safety . london , printed by henry hills , and john field , printers to the committee of safety . oxford besiedged surprised, taken, and pittifully entred on munday the second of iune last, . by the valiant forces of the london and westminster parliament. written, by a trusty wellwisher of theirs, who sted-fastly hopes, and heartily prayes, they may have the like prosperous successe in all their future undertakings. the writers name and surname begins with the th letter of the greeke alphabet, io-ta. taylor, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) oxford besiedged surprised, taken, and pittifully entred on munday the second of iune last, . by the valiant forces of the london and westminster parliament. written, by a trusty wellwisher of theirs, who sted-fastly hopes, and heartily prayes, they may have the like prosperous successe in all their future undertakings. the writers name and surname begins with the th letter of the greeke alphabet, io-ta. taylor, john, - . [ ], p. by l. lichfield], [oxford : printed in the last year of the parliament's raigne, . "a trusty wellwisher" = john taylor. place of publication and printer from wing. a humorous account of a pretended capture of oxford on june , the same day the royalists made a successful sortie at headington hill. some print show-through. reproduction of the original in the bodleian library. eng university of oxford -- humor -- early works to . england and wales. -- parliament -- humor -- early works to . royalists -- humor -- early works to . peace -- controversial literature -- humor -- early works to . great britain -- history -- civil war, - -- humor -- early works to . a r (wing t ). civilwar no oxford besiedged, surprised, taken, and pittifully entred on munday the second of iune last, . by the valiant forces of the london and w taylor, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion oxford besiedged , surprised , taken , and pittifully entred on munday the second of iune last , . by the valiant forces of the london and westminster parliament . written , by a trusty wellwisher of theirs , who stedfastly hopes , and heartily prayes , they may have the like prosperous successe in all their future undertakings . the writers name and surname begins with the th letter of the greeke alphabet , io-ta . printed in the last year of the parliament's raigne . . oxford besiedged , surprized , taken , and pittifully entred , on munday the second of iune last , . by the valiant forces of the london and westminster parliament . london and westminster , ( though neither of you are my native or naturall mother , yet ) i was borne in glocester , a city that hath stood to it in our loyall and obedient warres against the king , not much inferiour for parliamentall obedience or publique faith and confidence to you , as hath been obstinately manifested . but leaving glocester , with her massy zeale and valour , i returne my loving remembrance to london , who hath been , and is the inexhaustible magazine for men , mony , and maintenance , for the supportation of those durable , famous and lasting warres against the king , ( which the cavaliering and malignant party calls rebellion ) and which we have causes to call , entitle , nominate , and acknowledge to be the holy cause . and as our armies have with unexpected successe , been horrible , terrible , dreadfull , fearefull , victorious , and invincible , and have forraged through england , wales , scotland , ireland , coventry , and canterbury , yet that stiffeneck'd generation and people of oxford , have ( till now ) stood out in rebellious opposition against us ; for that academy and city , have ever since these distracted and disturbant times , been the treasury of refractory obstinacy , and the store-house of our mischiefes ; whom to suppresse and bring into order and conformity , our almighty parliament hath sought by all favourable meanes , and by most perswasive exhortations from the presse and pulpits , there hath been nothing by us neglected , that might reforme them . but finding their obduracy immoveable , their inveteracy implacable , and their reducancy impossible ; we ( out of a christian care of the future prosperity of that renowned well-spring and fountaine of learning ) much against our pious inclinations , were inforced to surround it with our potent and unresistible forces of hostility , twice in two severall yeares . in two monthes of may , we have given them two gentle and friendly visitations ( viz. , and . ) and we alwaies used the most submissive way of summoning his majesty and that stubborne city to our obedience . what a faire warning we gave them the first yeare , is not unknowne , and how fairly we came of and on , we have cause to remember , for two great generalls and armies did onely face them , as an instruction for them to avoyd their further desolation and calamity . but seeing that gentle and mollifying cataplasmes and pultisses would not serve to soften the corrodency of their apostumated inveteracy , we have now ( about the latter end of this last may ) in the whitsun week , vouchsafed to lance her malignant maladies , and by incision and occission , to let out her malevolent and contagious corruptions . to which end and purpose , our ( potent , powerfull , perpetuall and pittifull ) parliament , begirt and swathed that contumatious city with a strong swaddle band of warre , with foure severall armies , which being conjoyned into one , with a quadrapliciticall vnity , under the conduction of such a messe ( or murnivall ) of martiall commanders , that the like ( or braver ) heroes , never issued from the loynes of mars & belona , amongst whom the most excellent , expert , exact , and exquisite souldier , sir thomasius fairfax , was commander in chiefe , being the admired agamemnon of our host , and the only chosen , pick'd , or cul●'d man amongst men most worthy to be a generall generalissimo . secondly , the couragious and treshault treshnoble cromwell , shew'd himselfe like a blazing fiery commet , full of combustible valour , and subitory expedition . thirdly , that impe of prowesse , the magazine and arcenall of armes and military discipline , the never daunted and dreadfull skippon , appear'd like the magnanimous achilles , with his most unmatchable multitude of mirmidons . fourthly and lastly , ( but neither last or least in worth ) was the illustrious bold browne , in whose braine , the art of armes is pyled , and in whose breast , honour is billited , he most terribly , fearfully , drew his trenchant sword , wherewith he chop'd in sunder the faggot-bond of his fury , insomuch that his flaming valour ( like a burning bavin ) appear'd most refulgently perspicuous to the besiedged oxonians . these foure generalls ( drawne in their particulars ) were quarter'd in the villages that doe verge , fringe , or girdle the city , namely kennington , south hinkesey , west hinkesey , botley , witeham , wolvercot , marson , hedington , sampford , ifley , &c. by which meanes it was so strongly block'd up , that the garrisons forces and inhabitants began to look thin upon the matter , for they were so unprovided , and unprepared to endure a siedge , that within five dayes we brought them to such a hard strait , that wheat was mounted to the price of s . the bushell , butter and cheese at d and d the pound , milke at a penny the quart , but or ten egges a groat , radishes a halfe penny the bunch , a iugge of beere d , beefe and other flesh so scarce , that none was to be had amongst them ( without credit or ready mony . ) in this extremity , we perceived they were unable to hold out long , therefore our valiant commanders , ( like the foure windes ) assaulted them at their foure severall portes , his excellency , play'd the part of boreas , and blustred impetuously at the north ; browne with his brave bold boyes blew boystrously like auster at the south ; cromwell acted the part of eurus with untireable snuffing , puffing , and huffing at the east ; and skippon ( like a second scipio ) rag'd most tempestilentially ( like zephyrus ) on the west . thus on all sides , parts and portes was oxford beleaguerd , without and within every house , lane , and street , was full of horror , terror , trembling like hills . there you might behold a woman quaking like a custard before an alderman , and in another place another shaking like an oven ; there was carelesse security in sundry and severall shapes and noyses , some halfe , and some whole drunk , some piping and whiffing , some riming and singing , some watching and guarding , ( not at all regarding either us or any thing that we could doe to them ) as may appeare by a mad fellow that wrote these verses in a jeering contempt of us and our forces . for browne , for skippon , cromwell , and for fairfax , wee have a well string'd instrument at cairfax , and that if they doe but their worke by halves , the parliament would hang em up like calves . some of them said , that our armies should not offend the parliament so farre , as to doe their worke by halves , or to doe halfe the worke they were sent about ; thus continued this hotch potch , mingle mangle galleymawfrey of variable opinions and humourous expressions , for the space of seven daies and nine nights , with an afternoone or two ; our cannons with perpetuall battry having disgorg'd shot , our horse , carbines , and our innumerable foot environ'd them round , with groves , thickets , and woods of pikes , our mu●kets , petronells , and pistolls , breathing flames , and spitting death and destruction . amongst and amidst these rough robustious salutations , and mortall monumentall mortuary greetings , one of our cannons ( being ) discharged or fired at random , from his excellencies quarter at marson , flew by chance over saint iohns colledge , and most strangely wheel'd about on the left hand , hard by the crosse and weathercock on saint maries steeple ; and passing in post hast to christ-church , it broke a corner of a window in the great quadrangle , and from thence it mounted , and took the great lanthorne on the top of the hall , which never fell to ground till it drop'd into abington market place ; just in the same pavement whereon the idolatrous crosse stood , that was piously overthrowne on the of may , . ( much about the month , day , and time of the yeare as the aforesaid shot fell into christ-church ) by the most victorious and vanquish'd , the renowned and nobly slighted , the conquer'd conqueror , sir william waller ; the aforesaid lanthorne , being now in the tuition of the valiant colonell browne , who hath it as a reward of his noble services , and is determined to keep it till he dyes , and afterwards it is to be hang'd up ( as a trophey ) over his tombe , for a monumentall remembrance to posterity , of his valour and victories . but to returne to the siege againe ; the reader must understand , that our parliament are so happy to have such generalls and commanders as are in their valours , not only invincible , but invisible also . the canoneers and gunners had the art to discharge many hundreds of their ordnance , and no fire or bullet to be seen , nor report of any gun heard . for of all the great numbers of shot ( before specified ) there were very few of them came to the knowledge of the besieged ; insomuch that they were uncapable of perceiving any danger they were in . this rare hidden art was first invented by an italian , whom they called doctor iackaneico , he was an aegyptian witch , ( or a cunning man ) in the raigne of ptolomy evergetes king of aegypt . by the command of sir tom ( his excellency i meane ) there was an artificiall naturall geometricall bridge , made over the river charwell , about a mile from oxford ( north east and by westward ) what good service that bridge did it is impertinent , and not much materiall to speak of ; but this is certaine , that the month of may , ending on the , which being saturday , fell out luckily to be the latter end of the week , the sunday following proved to be the first day of iune , so that ( by consequence ) monday was the next day after ; on which monday morning , we had the happinesse to gaine a glorious victory . on that day , ( that memorable , remarkable , honourable , dainty delicate day ) our forces ascended to the top ( or altitude ) of mount hedinton ( vulgarly called hedinton hill ) but for that day , and on that hill ( to which hill , pinda , ossa , olympus , parnassus , gadds hill , shotover , and shuters hill , shall hereafter strike saile ) our prosperous parliamentonyans , inclosed , encompassed , environ'd , enwrapped , envelloped ( or what the reader meanes to tearme it ) the whole body , or bodies of the malignants , we fought valiantly , they fell violently , some dead , some kill'd , some slaine , some hurt , some wounded , some fled , some ran away , some escap'd , some taken prisoners , some put into bondage , some thrust into thraldom , and some carried into captivity , so that in lesse time then halfe an howre , the mutability of fickle fortune was apparent , by a suddain turne of her foure square-round wheele , for beyond all expectation , when the enemy was singing scurvy songs , & jeering with intollerable abusive language and gesture , at the sacred persons and honours of those whom they have formerly sworne to obey with allegiance and loyalty . then at that time , even then , betwixt the howres of two and three in the morning , we fell upon them pell mell , helter skelter , where in a moment or fell , to seek their habitation in another world , many were sore wounded ; and having thus won the field , we presently won oxford , we entred without resistants at the east , by saint clements , we conquer'd maudlin ( or magdalen colledge ) with a bare summons , we march'd triumphantly to cairfax , ( and leaving the gallowse on our right hand ) we with force or perforce entred and surpriz'd the castle , we staid in the castle three dayes , in all which time our generalls were so nobly pittifull , and our other commanders , officers , and souldiers so mercifully mannerly , that we neither did the towne any harme , or plunder'd the people of anything ( except victualls ) but whatsoever we had was freely given to us , nor did any of us so much as give the oxford folke so much as a hard word , nor troubled them to lye in any of their beds or foule sheets , or any linnen ; and was not this a mercifull victory ? all this was done by lesse then parliament souldiers , in so small or little a time , that it must ever be with thankfulnesse remembred , and it is not to be doubted , but london and westminster will expresse their joyfull gratitude , with bells , bonefires , and an holy publique thankesgiving . to conclude , i have an humble desire ( on request ) to all valiant men of our parliament armies , which is , that they will stoutly , stiffely , and desperately stand and persevere in the cause , you know that many of us , could never have gotten such estates by our trades , as we have purchased by this trade of warre ; it is not loyalty and allegiance , that will preferre a tinker to the estate of a commander , it is not that beggerly thing call'd honesty , nor that despised fancy of learning , will bring a man to promotion , conscience is a toye , it will never make a cobler a preacher , or a wood-monger a sergeant major generall , or colonell ; we are now grammar'd in our noble actions , and a peace would put very many of us back againe to our horne-bookes ; a just and lawfull peace would cause the king to have his owne againe , and every man to have his right ; a peace would restore the protestant religion to it's pristine purity ; and then what will become of our zealous new directorie , for a peace will bring in againe , the contemned booke of common prayer ; and finally a peace would make thousands of us to surrender so much pillage and plunder to the right owners , that we should be like ( aesops crow ) poore naked rogues , when every bird had his fether from us ; let our conquests encourage us , let our hopes spurre us forward , let our surprize of oxford , fill our vei●●● with valour , and let the tinkers of banbury , be our presidents , who ( for joy of our oxonian victory ) have newly brac'd their kettle drummes for the entertainment of the lord say thither , which they will seale with their blood● . let our preachers revile , let our pamphlet writers raile , let mercurius britannicus jeere and flourish , let booker , ny● , and lyly , lye on , let us fight for wealth , and run away for advantage , wee have a parliament to protect us , and there 's an end . postcript , or an old said saw of the malignants . wise men labour , good men grieve , knaves invent , and fooles believe , then helpe us lord , and stand unto us , or knaves and fooles will quite undoe us . finis . englands friend raised from the grave. giving seasonable advice to the lord generall, lievtenant-generall, and the councell of warre. being the true copies of three letters, / written by mr. john saltmarsh, a little before his death. saltmarsh, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) englands friend raised from the grave. giving seasonable advice to the lord generall, lievtenant-generall, and the councell of warre. being the true copies of three letters, / written by mr. john saltmarsh, a little before his death. saltmarsh, john, d. . saltmarsh, mary. [ ], p. printed for giles calvert, at the black spread-eagle at the west end of pauls, london : . editor's note "to the reader" signed: mary saltmarsh. the words "lord .. warre." are bracketed together on title page. annotation on thomason copy: "july ". reproduction of the original in the british library. eng fairfax, thomas fairfax, -- baron, - -- early works to . cromwell, oliver, - -- early works to . england and wales. -- army. -- council -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . isle of man -- history -- th century. a r (thomason e _ ). civilwar no englands friend raised from the grave.: giving seasonable advice to the lord generall, lievtenant-generall, and the councell of warre. bein saltmarsh, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands friend raised from the grave . giving seasonable advice to the lord generall , lievtenant-generall , and the councell of warre . being the true copies of three letters , written by mr. john saltmarsh , a little before his death . heb. . . he being dead yet speaketh . london , printed for giles calvert , at the black spread-eagle at the west end of pauls . . to the reader . these letters were written , and sent according to the superscriptions , by the author a little before his departure ; they might have continued in silence , as they have done ever since , but providence hath otherwise disposed , through the desire of many friends ; and you have them truly printed according to the originall copies . mary saltmarsh . for his excellency the lord fairfax . noble sir , god having raised me up from the power of the grave , though he hath not made known to me yet , what further use he hath of me , but i wait on him whom i have found to be my god , both in sickness and health . sir , at present i am prest in spirit to write to you , & i yet know no other but it is from the spirit of god . there is a mighty noise of unrighteousnesse and injustice in the proceedings at your councels as to the kingdom : and truly sir , this not in most counties onely amongst the people , but amongst the choicest , and the conscientious christians : the hearts of good people are departed from you very much , and from your army and counsells : and sir , whatsoever you or others may think and perswade your selves , yet i am thus free to speak , that god hath at present brought a dark cloud over you , and the lord shew you a way out of it , which is presented to mee to bee this onely way , stop not the breathings of god in meane private christians ; the counsells of god flow there , when the greater persons somtimes ( for his glory ) are left naked without a word of advice from him . i found this desolating evill beginning in your meetings . be faithfull to your ingagements for justice to the kingdome : you have many , and you promised speedy redresse of many things . consider and compare in the light of god impartially , how your first principles , and publike promises and proceedings answer each other : and where you have been unrighteous , delatory , or unfaithfull , be not discouraged speedily to depart out of those tents , least god overtake you with a dispensation of more righteousnesse , and judge you . sir , the cries , the teares , the prayers of the oppressed and afflicted , and the departing of many of gods people in their hearts from you , are and will b● burdensome stones , and cups of trembling . the lord direct you in this your day , that you may not depart from your first love , lest he who is the holy one , the just one , the god blessed for ever , come against you with the spirit of his mouth . sir , i have little more to write , the lord having discharged me of this burden , which was as fire in my bones : and truly the shadowes that some councells of the flesh have brought upon this army lately , hath reached to the darkening of all professing christians in the kingdome , in the hearts of the people of the kingdome : for , where should redresse come ( will they think ) if not from such as professe higher godlinesse then others ? sir , your servant , john saltmarsh . from laystreet in essex , from m. waddis house . for lievtenant-generall cromwell . sir , i have found the lord appearing of late in my weak estate , and i cannot but from these sweet shinings of his desire , to behold the like and more glorious in those who are called to greater actions . sir , it is the voice of people , but that which sounds loudest is the voice of choice , and spirituall desiring christians , that your proceedings have much injustice , great delayes , and the hearts of many good people are turning from you , as you are in these wayes , you are much accused of unfaithfulnesse to solemn ingagements : sir , i was moved long since , you may remember , to tell you what would follow in stopping the breathings of god in private and poor christians , and i must tell you , and i know other , but it is the voice of the lord in me , that i observe you and some others to begin an estrangement to such who were godly , honest and spirituall , and to avoid discourse and communion with them : me thinks i see in the light of god a black cloud over some of you in the army , and i am satisfied in spirit , that there are great transgressions amongst you against publike justice and righteousnesse ; behold , and you shall see before ye the rock against which both king and parliament were dashed , and truly sir , by what i see in your proceeding , and heare of your councells by honest men , some of ye hasten in the flesh to the same distresse . sir , break off this sin by righteousness , return to your communion with christians , let not the wisdom of the flesh intice you under the disguise of christian prudence , for that wisdome is not from above which is not pure and easie to be intreated ; run not to the old shifts of the flesh in these your times of straight , leane not on aegypt , or any imaginary strength which is not of god , if the lord in his goodness and wisdom will have some of your former glory which was his , and you might through temptation think your own , to perish : be not ashamed of the fiery triall , but close in with that which hath most of god in it , do you not hear an oppressed and afflicted kingdome crying out to ye ? believe it sir , all professing christians in all places will suffer what evill is done by ye , the lord shew you wherein you have counselled in flesh , neglected christians , delayed justice , failed in publike ingagements , neglected or grieved some afflicted christians whom you should have comforted , and then peace , glory , and excellent power will appear in you , and christians will blesse god in you , whilst you walk in that more pure administration : and sir know , that you in your person will injoy most of the good or evill that shall follow ; sir , god powres out fresh abilities freely and of meer grace , even rivers and streams of life in such weake vessells of his as we are , and at this fountain i desire you may now live . sir , your servant , john saltmarsh . for the councell of vvarre . honourable , not to repeat to ye the sad outcries of a poor notion for justice and righteousnesse , the departure of the hearts of many christians generally from you , the late testimonies of some in your own bowells , the withdrawing of that glory the lord formerly cloathed ye withall , but this i know ye have not discharged your selves to the people , in such things as they justly expected from ye , and for which ye had that spirit of righteousnesse first put upon ye , by an almighty power , and which carried you on upon a conquering wing : the wisdome of the flesh hath deceived and enticed , and that glorious principle of christian liberty which we advanced in at first , ( i speak as to christians ) hath been managed too much in the flesh . now if the lord hath opened to any of ye the unsoundnesse of any principles then , or in the management of them , i hope he will shew ye a better course and path to walk in , and now ye are met in councell , the lord make ye to hearken to one another from the highest to the meanest , that the voice of god wheresoever it speaks , may not be despised ; and think it no shame to passe over into more righteous ingagements : that wisdome which is from above is easie to be entreated , look over your first ingagements , and compare them with your proceedings , that you may see what you have done , what you must do ; i know it is unsavoury to nature to be accused or taxed , but i hope there will be found that spirit in you , that will esteem the wounds of a friend better then the kisses of an enemy . i write i know to such who in their first love were a people loving god , and his appearances in the meanest christian , and such as pursued the good and happinesse of the kingdome cordially : and if the lord hath not thought to take off the spirit of righteousnesse from ye , and put it upon another people , he will give you to discerne this last temptation wherein sathan hath desired to winnow ye , and ye shall be a diadem once more in the hands of the lord : for my self , as i am my self , there is neither wisdome nor counsell in me , but if the lord hath breathed on my weaknesse for your sakes , i shall rejoyce in that mercy and grace of his . i rest , yours in all righteous ingagements , john saltmarsh . laystreet octob. . finis . the moderate parliament considered in this time of danger being an answer to a letter sent a person of quality about electing a member to sit in the ensuing parliament. g. p. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the moderate parliament considered in this time of danger being an answer to a letter sent a person of quality about electing a member to sit in the ensuing parliament. g. p. h. d. p. s.n., [london : ] caption title. signed: g.p. the letter replied to, signed h.d., is printed on p. . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the moderate parliament considered in this time of danger : being an answer to a letter sent a person of quality about electing a member to sit in the ensuing parliament . dear friend , that kindness that hath been always between us , makes me thus bold with you , as to request your vote for a worthy gentleman , mr. — , who stands to be burgess here . i had so great a confidence of your kindness to me , that i did almost assure him of your vote ; and i am confident if you knew the gentleman as well as i do , i should not need to have ask'd this favour . but if you please to engage for him upon my credit , you will not , i believe , repent your vndertaking : for he is a moderate man , and of sound principles in religion , according to the purest reform'd way , a stout opposer of the court , and a good country-man , and one that will stand up for the interest of the people and the good of the country ; and such men will make us happy : and such i hope you will always stand for . our election is next thursday ▪ come seven-night , at which time i hope i shall see you . in the mean time , i rest aug. . . yours to my power , h. d. my old friend ! i received yours , and have considered of your motion for my vote . i confess i have one to give , and am resolv'd to bestow it on an honest gentleman , if i can . your friend may be so , for any thing i know ; but the character you give of him in your letter is not so taking with me , as peradventure you think it is , as to fetch me ten miles to vote for him . you tell me he is a moderate man : what you mean by that piece of your character i do not know ; whether you mean it as to the king , or the establisht government in church , it matters not ; he cannot be a fit man for this election , when the most zealous men for king and church are the fittest now to secure us from those plots that are on all sides against monarchy and episcopacy , and to defend us from a commonwealth-government in the state , and presbytery or worse in the church ; both which are so plainly drove at and intended : and i fear your moderate men will rather pull down , than keep up and preserve the present establishments amongst us . i my self have felt and seen too much mischief by a change in government , ever to give my aid and assistance a second time to its alteration or downfal . i formerly have been inclin'd to believe moderation would be the best way to preserve the government in church and state , and beget the king and church many friends , and confirm and secure them for ever . but sad experience hath found the contrary ; and nothing hath ruin'd all , and made the enemies of our government so high , so sawcy and insolent , as lenity . had they bin kept at first to their duty and allegiance , and felt the effects of disobedience , they would not have grown to such a formidable height of presumption as now they are , and been so ungovernable . as for your burgesses principles in religion , which you warrant are so sound , they do not appear so to me . i have some reason to suspect them , you word them so cunningly , in an unusual phrase , according to the purest reformed way . he may be what he please , even an anabaptist or a quaker , for any thing i see in that character . purity of reformation is the language of them all , and each faction pretends to be the purest ; and where to rank him , i cannot tell . and for his principles in politicks , i have too much ground to question them too , from what you say of him , that he is a stout opposer of the court ; the king , i doubt , you mean , if not monarchy . and in that you tell me he is a good countryman , i must for ever be jealous of him , and of that sort of men , and believe for two reasons them to be men of dangerous and mischievous principles , to both church and state. i consess i have formerly lookt upon them as their title bespoke them , as a very loyal true-hearted sort of gentlemen , that rather meant a great deal of good , than hurt to church and state ; and designed to carry it even betwixt court and country , and not to destroy the prerogative , and to grasp at all power , nor to inclose soveraignty in the commons house , and make the king himself a duke of venice , and his antient court and counsel insignificant cyphers . but as things have been lately managed by that sort of men you call country-men , i must except against them , . because the worst principled men in the whole nation , are the men that usurp the title of countrymen , and have it bestowed upon them ; and the best and most faithful subjects his majesty hath , and those that have approved themselves always so , are the persons that onely are blackned with that disgraceful name of courtiers , which makes me think there is a snake in the grass ; so that i have no reason to think so well of your countryman , nor so ill of the courtiers as you and others do , and would have me . i am inclined to believe there were some covetous and ambitious men at whitehal , in and about sixty , that sought their own interest more than the king 's and countrey 's , and cast off the best subjects his majesty had , because impoverisht ; and brought into place and power his worst enemies , to the manifest discouragement of loyalty and good principles . and this unequal distribution of preferments and places , did no doubt exasperate the kings suffering friends . but now , by the jesuitical and fanatick cunning , those private piques are improved to an universal implacability against the court , and all that belong to it ; and as they have ordered the business , every person about the king and court , except their own party , must be the object of the peoples fear and malice : and though the complaint against the court was first the suffering cavaleers onely , and not the fanaticks , because their dad's were then uppermost , and rul'd the roast ; yet since of late years counsels have gone somewhat against them , now 't is their complaint chiefly : for this must be observed , that when the godly party are not uppermost , things cannot go well ; and they must cry out of ill management , and bad ministers of state , and evil counsellors , and address for their removal , that so there may be room for themselves : for certain it is , there is no such grievance under any government , as for them to be under ; dominion being founded in grace , they have a palpable wrong done them , if they be not at the stern ; and those ministers of state that shall dare but advise the contrary , shall be enemies to god and religion , and disaffected to the countries interest ; and if possible , be made a sacrifice to popular rage and fury : so that i find the worst principled men , are the best countrymen , in the peoples esteem ; and those in the house of commons that fly most briskly in the face of the king and his friends , and do most confront the court and bishops , are the peoples darlings . and since i have seen , and sufficiently prov'd , what kinde of men the opposers of the court generally are , in the last country-mans parliament , and what they all along aim'd at ; i desire to be excus'd from being concern'd in my vote for a country-man any more . . because also the notion is founded upon this most seditious and pestilent suggestion , that neither the king nor court are friends to the country . for if that be not necessarily suppos'd in the distinction of country-man in opposition to the court , how could a mans bare attendance on the king , and being his servant , make him liable immediately to the peoples wrath and censure , if he did not receive his malignity to the country from him who gave him his preferment and place ? for certainly , if a man must be forthwith accounted an enemy to the country ( as we see he is ) for no other reason , but because he is a courtier , and neer to the king ; he then that is the greatest courtier , and made him so , must be supposed to be their greatest foe ; and no question but 't is the king they mean , if they durst but speak out ; for otherwise , how could it come to pass , ( as we see now it doth ) that all that are about the king , and those especially that he loves best , be they never so honest and faithful , or wise or just , must forthwith be counted dangerous and mischievous men to the people , and all arts must be used to remove or ruine them ; when perhaps just before their advancement to their princes favour , they stood fair enough in the peoples esteem ; and they then commenced villains , when they were preferr'd . and i pray tell me how could this happen , if the people did not believe the king to be the countreys greatest foe , and the main destroyer of their rights and freedom . and for this consideration it is , that i shall forbear to answer your desires , as to your hopeful burgess . i could wish you and others would be wise in time , and take heed of being drawn into rebellion and mischief before you are aware . the government we live under is easie and gentle ; and none that i know of have any just cause to complain of it , or to desire or endeavour a change in it . i profess i do not see what reason there is , for those common and stale clamours of arbitrary power , and the tyranny of king and court ; if any thing looses , and hath done for the last age , 't is the prerogative ; nay , it hath scarce enough left to secure it self from contempt and scorn . i cannot observe the least design in the king , or any about him , to deprive the people of any of their priviledges , but rather the contrary , to enlarge them , and to make them more and greater ; witness that unparallel'd and most gracious condescention of his the last session , about securing our religion and property after his death , if the next king should prove a papist ; which had it been accepted of , we and our posterity might have been happy ; but it did not seem good or thanks-worthy to your good countrymen . — and why , after this , and a many more generous and noble acts , his majesty should be represented amiss to his people , as one that meant them no good , and yet proffers them so much , is strange ; and why the whole kingdom should so obstinately choose those countrymen the second time , that were so backward to do them good , to secure religion , and try the lords , i cannot see . therefore ( my friend ) give me leave to be plain with you in this case , that i have seen so much mischief already , and fear shall see more and more , from that sort of men you would have my vote for , and call countrymen , that i would as soon bestow it upon the five members of the long parliament , if they were alive , as on these , and should look for as much good from them as these . and i hope the name of countryman , as it stands opposed to the king and court , will be in a little time as odious to wise , loyal , and good men , as ever theirs was . and so you know my mind as to your burgess , but this shall not keep me from doing the utmost service i can for you in any other matter , and from being still your affectioned friend , g. p. finis . six dialogues about sea-services between an high-admiral and a captain at sea ... / by nathaniel boteler, esq. ... boteler, nathaniel. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) six dialogues about sea-services between an high-admiral and a captain at sea ... / by nathaniel boteler, esq. ... boteler, nathaniel. [ ], , [ ] p. printed for moses pitt ..., london : . reproduction of original in british library. item incorrectly listed in reel guide at : . (from t.p.) the commanders in chief, in dialogue the first -- the common mariner, in dialogue the second -- the victualling out of ships, in dialogue the third -- the names of all the parts of a ship, in dialogue the fourth -- the choice of the best ships of war, in dialogue the fifth -- the sailing, signals, chases and fights, in dialogue the sixth. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp 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robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion six dialogues about sea-services . between an high-admiral and a captain at sea. concerning the commanders in chief , in dialogue the first . the common mariner , in dialogue the second . the victualling out of ships , in dialogue the third . the names of all the parts of a ship , in dialogue the fourth . the choice of the best ships of war , in dialogue the fifth . the sailings , signals , chases and fights , in dialogue the sixth . by nathaniel boteler esq ; lately a commander and a captain in one of his majesties royal ships of war. london , printed for moses pitt at the angel in st. paul's church-yard , . to the honourable samuel pepys esq ; secretary to the admiralty . sir , meeting with this book in manuscript , and liking well the contents thereof , i desired some of my friends to give me their opinions of it ; which they freely did , and told me that they thought it would be a useful treatise , not only for seamen , but also for all those that are curious to be informed in the menage of shipping , whereupon i was incouraged to undertake the printing of it . but the author neither having recommended his book by any dedication , nor preface ▪ i thought my self obliged to beg the protection of some person eminently skilful in these matters , to make it the more acceptable to the ingenious ; and knowing your great experience in the subject treated of , and how great a patron and encourager you are of the improvement of navigation , i presume to lay it at your feet ; and if you shall please to accept it favourably , and afford it a good character ; i hope the benefit will be to the reader , as well as to the bookseller , who is , sir , your most humble servant , moses pitt . may . a discourse by way of dialogue , of marine affairs , between an admiral and a sea-captain . dialogue the first . about commanders in chief . admiral . welcome captain , i much desire to know you , and to be known unto you . captain . i humbly thank your lordship , and am affectionately at your service . adm. your hear ( i doubt not ) that his majesty hath honoured me with that command of so high trust , the high admiral-ship of his kingdoms , and because it is not to be denied , but that a long peace hath well nigh worn out all men of practice and experience ( especially amongst those of my rank ) in matter of war , and especially sea-war ; i am , for my part , desirous to take the nearest way , to the enabling of my self to this my present charge ; and this i conceive to be , by an admittance and free access of such as your self , and by advising with you ; to which end i have now sent for you , that we may confer upon some such especial points of your art , as are most necessarily to fall within the bounds of my place and office. capt. for mine own part ( my lord ) i hold it good for us , that we have an admiral restored unto us , and especially one of this mind , with whom we shall not only know our certain addresses , but find a personal access , and a due dispatch , and not be wearied out by over many several attendances , nor be abused by the puttings-off and slightings of subordinate officers . and i the rather say of this mind of yours , in respect that i apprehend it very important , that not only the high admiral ( as your lordship ) but that all the generals and admirals of his majesties royal fleets , be of that eminency of birth and title , as may both silence envy , and draw on adventurers and voluntiers of worth and eminency to serve under them , whereby all services and designs may be much advanced . and certainly , when such as these shall be free of access , and desirous of conference ; and withall be found of that practice and knowledge , as that they shall not need to depend too much upon the prompting of others : it must needs prove a prime happiness , not only to the seamen in particular , but also to the whole common-wealth in general . adm. as for the one , it is within the power of our own will to effect ; but touching the sufficiency that you speak of , i hold it for the present a happiness rather to be wisht for , than hoped after . capt. it is doubtless to be wished for indeed , and as much as any whatsoever of that nature , and especially by us of this nation , whose both honour and safety depends so much upon our sea-strength and experience : and surely this might not only be hoped for , but had too , if our nobility in general , and chiefly those of the higher form , would but addict themselves to the theory of this mystery , until the providence of the state shall find occasions and means to call them to the practice , and perhaps it were to be wisht , that the very occasions were not altogether so absent , nor so unconstant as they have been of late ; that so ( as the spanish , by their east and west-india employments in this course ) our nobility might be nourished in the knowledge and practice of so brave and so concerning a profession . neither do i conceive why there might not be an act of state to this purpose , to injoyn our very merchants to employ yearly upon fit terms , some certain number of gentlemen voluntiers in all their long voyages by sea , nor why the merchant should be unwilling withal ; that so we might have a seminary of seamen of rank and quality bred up amongst us , to serve upon all occasions . adm. you wish well captain ; but this will ask time and deliberation . capt. whensoever cause calls for it , an amends must be made then for the present , by the choice of a good natural judgment , quick apprehension , moderate application , and resolute valour , and the other defects made up by a council of war , orderly and impartially composed . adm. it is to be believed indeed , that an able council of war , with a tractable and moderate general , may work too much perfection in all actions that are to be executed upon the land , where councils of war may be assembled at pleasure ; but at sea , this ( as i conceive ) is not performed , but with much uncertainty , by reason of many accidents that may hinder these meetings ; whereas nevertheless , there is no place , where occasions offer themselves with more variety , nor where advantages may be gotten and lost sooner than at sea. capt. it is true , and therefore ( for the help hereof ) it is of absolute necessity , that not only the captain commanding under the general in his own ship , be the most able and active of all the rest , but likewise that some selected and choice men of the council of war be always resident aboard with him besides ; and if the general have the main stroke in the election of these men ( as it is reason he should ) that then he would be pleased to ground his approbation , not so much from the time of their sea-services , as from the condition and quality of the services that they have been exercised in . adm. and why from the condition and quality of their services , rather than from the time and means of experience that way ? capt. because ( my lord ) as a man may have a command in a merchant voyage , ten times too and again from the east-indies , and yet be fitter for a master than a captain , in one of his majesties ships of war ; so a man may make himself a titular captain , and be all his life long in a piratical way , and yet understand little or nothing how to manage a stout and well resolved fight at sea. because the pirate assaults not where he expects to find a firm resistance : and the merchant man fights only when he is assaulted ; so that both of these may be likely enough to be very much to seek in those thorow knowledges of true fights , which require a fit commander in his majesties royal ships , and especially fleets of war ; and therefore , whosoever he be , that shall ground his choice for the seeking out of abilities answerable to his majesties services , from experiences and practices in any of these two ways only , i am much deceived if he find not himself much mistaken . adm. and yet you said but now , that you could wish that our nobility in general , were used in merchants voyages : how is it then , that you say here , that they will deceive themselves , that fetch their election from this way ? capt. this was not then so propounded , as a course so to compleat them , as from thence to step immediately into a command in chief , in any of his majesties ships royal ; but only to inure them to endure the sea , to learn them sea language , and to know sea-men : that so by degrees , they might come , first to be lieutenants , or ( if it must be so ) to be captains in some other inferiour ships , serving in his majesties pay upon extraordinary occasions , where less care and skill is required , and then upon the improvement of themselves , to be culled out , and called up higher to employmen●s of greater charge and worth : for otherwise ( besides the peril ) how can it but beget both scorn to themselves , and scandal with the world ? adm. i perceive by this ( as i said before ) that there is but small hope to find any store of able commanders for his majesties royal ships for the present , nor scarce for an age hereafter . capt. surely , my lord , in respect of the quantity and number of the commanders , this must indeed be confest , and therefore those few of ability that we have , ought the more to be regarded and cherished ; and this the rather , in that i am fully of the opinion , and dare profess it , that all such as are to command as captains in any man of war , serving in his majesties pay , ought to be of noble birth and education , and that not only in regard of the better breeding ( as aforesaid ) of our nobility in general , in this kind of service and knowledg which so much concerneth us ; but also by reason of that free and frequent access and converse , which in all actions of this nature , is requirable and unavoidable , betwixt the general and these captains . and besides , it may of due , and with reason be expected , in regard of their very bloods , that the tye of honour and reputation should work more actively upon them than upon the meerly bred mariner and common seaman , be he otherwise what he will. and surely , as in the making of a gentleman an able sea commander , practice is to be added to the theory ; so more than meer practice is requirable in the making of a captain out of a meer mariner : for besides the civility of carriage and behaviour , the which well becomes the place and company they are to hold , there is also a general judgment to be sought after , and an entertainment fit for all persons and all occasions whatsoever . adm. i shall not go about to alter your opinion in this particular : for , as touching the meer bred mariner , for mine own part , i am of opinion , that even such seamen as are part owners of ships , are not so much as to be admitted to go masters in their own ships , whilst they serve in the kings pay ; for in this case it may be probable enough , that some of them will shew themselves less forward in point of service , and more favourable to their beloved ships sides , sails and general rigging , than shall stand with the honour and welfare of the service ; neither can the redress be found by the captain at the instant of service ( be he never so sufficient , much less if ignorant ) because the masters are of necessity to be entrusted in many particulars , and in this especially , that the sailing and conducting of the ship is peculiarly belonging unto him , and is his particular charge . capt. and by the same reason , and upon the very same ground , it seemeth to me unfit also , that the masters of such ships as are in his majesties service , should be entrusted with the placing of most of the subordinate officers in those ships , and have commissions for the pressing of the common men into them ; for it may fall out , that in this employment , they may mainly aim , either to bring in as many of their own servants as they can , and that without all respect of sufficiency ; or at the least , of their old acquaintance and confidents , and so make up a pack , as well for a party as a concealment , whereby to contrive and act what they list , and this the captain shall be never able to discover untill it be too late , and much less redress , by reason of his coming in amongst them as a meer stranger , and not being admitted but at the last cast , and perhaps not until the ships company do enter into sea-victual , which i dare boldly say , is the ready way to multiply all these disorders , and may well cause all men of ability to retire themselves . adm. the like exception likewise , or a greater , may be taken ( methinks ) to those resident officers for term of life , which are in his majesties ships royal , who are the pursers , gunners , boat-swains and cooks , for these also have the means to cull out a company of their own consorts , who shall mainly depend upon them , and perhaps be neither serviceable nor fit for the places and offices that they are entred for , nor indeed can be made use of in any other place whatsoever , upon any occasion : so that for my part , i shall willingly give my voice that none of these kind of men , have ever my power , or commission given them to make up their own gangs or companies , when they are to be employed in any service abroad . i grant , that whilst these ships lie idle in harbour , or are over the chain at chatham , that these kind of officers are absolutely necessary ; for how else should his majesties ships there be conveniently guarded and looked unto ? how can the implements of their cook-rooms , their sails , cables , and general ropes , their ordnance and the appurtenances be kept and preserved , the ships kept clean and wholsom , unless some such officers as gunners , cooks , boat-swains and swabbers be held always aboard them , and so have their places for their lives ? and how can these men be furnished with victual aboard , unless there be a purser to provide it for them ? i deny not therefore , but that such officers as these , are in this case to be admitted and held on , and it may be a convenient reward also for such old seamen as have been long servitors , and well deservours in his majesties employments . but yet it followeth not , that these , and none but they are to be used and had in their several offices during a time of service , and when these ships are abroad : because ( at least for that time ) they may deliver over their stores by inventory , to such other as the captain shall find to be more fit and better known unto him , and be installed in their places again at the return of the ships ; or at the least , that it be left unto the captains choice , whether he will have them with him or no. and much less doth it follow that these old officers for term of life , should ( though they do go the voyage ) have the only trust put upon them , ( the which they now claim by prescription ) of the providing and election of their own gangs , when the ships are to be fully manned ; the complement whereof , in some of these places , as in that of the gun-room , amount in some of his majesties great ships , to no less , than thirty , forty and fifty in number . these ( say i ) at all times of service , are in all equity and providence to fall within the compass of the captains choice and ordering , that so he may the better stand answerable for them , be the better obeyed by them , and find no cause to complain , if he be not . capt. i cannot see how your lordship may be gainsaid in any thing touching this particular ; for howsoever , it is likely enough that it will be distastful to some particulars ; yet will it be found necessary and beneficial for the publick service in general . and surely , if any elections of this kind be left to any , out of the office of the admiralty ( and they seem to be over many to be all of them made there ) it must needs in all right and reason belong unto the captains , whose reputations and credits stand chiefly , if not solely engaged for all failings , and whose commands also ( which have of late been much eclipsed ) shall hereby be well restored and made good ; neither ( to speak freely ) can i discern with what justice any captain may be questioned for any miscarriage of his ships company , or about the short executions of the generals instructions and commands , whilst he is thus barred from the choice , and so use of his instrument to work by ; let him have men of his own providing about him , and then stand answerable for neglects in general , but not till then . adm. i am well satisfied in this particular , and fully of your opinion howsoever , some others perhaps may affect the contrary , and strive to effect it . and i likewise approve ( and shall do until i hear more to the contrary ) whatsoever you have said touching our sea commanders in chief . and the summ thereof is that as the high admiral , the generals and the main body of the council of war , are to be appointed and directed by the prince and state ; so the subordinate comanders and captains are to be chosen and approved of by the admiral or generals , with the advice and from the examinations of the council of war ; and that the elections of all other inferiour officers be ( as at land ) left to the choice and appointment of the captains at sea. but before we forsake this subject of our present discourse , and make an end of this days dialogue , i desire to have nominated unto me , all the distinct officers belonging a unto brave man of war , such as his magjsties ships royal are , and to have distinguished unto me , their several charges and commands . capt. i shall do it willingly ( my lord ) and as briefly as i may ; and they are , the captain , his lieutenant , the corporal , the master and his mates , the pilot , the master gunner and his mates , the master carpenter and his mate , and ( in great ships ) the joyner , the boat-swain , and his mate , he cockswain and his mate , the master cook and his mate , the purser , the steward , the quarter-masters ; and lastly the swabber : and every one of these have augmentation of wages , and their peculiar and several offices and charges to look unto and to stand answerable for . adm. well , and what are these their peculiar and several offices . capt. i will , begin with the lowest , and so pass upwards : the office of the swabber is to see the ship kept neat and clean , and that as well in the great cabbin , as every where else betwixt the decks ; to which end he is , at the least once or twice a week , if not every day , to cause the ship to be well washed within board and without above water , and especially about the gun-walls , and the chains ; and for prevention of infection , to burn sometimes pitch , or the like wholsom perfumes , between the decks : he is also to have a regard to every private mans sleeping place ; and to admonish them all in general to be cleanly and handsom , and to complain to the captain , of all such as will be any way nastie and offensive that way . adm. surely , if this swabber doth thoroughly take care to discharge this his charge , i easily believe that he may have his hands full , and especially if there chance to be any number of landmen aboard . but go on . capt. the particular duties of the quarter-masters ( whereof there are more or fewer , as the ship is of burthen ) are to rummage in the hold of the ship , upon all occasions ; to accompany and overlook the steward in delivery of the victuals to the cook , and in his pumping and drawing of the beer ; and to take care in general , that there be no abuse nor wastes committed in any of those services : they are likewise employed in the loading of the ship. adm. i apprehend these officers to be very necessary , and that not only in respect of the preservation of these necessaries ; but also by way of satisfaction to the ships whole company , that they may know that they are not defrauded of their dues and allowances in these kinds ; and so may be kept quiet , from such causeless murmurings and surmises as they are ( now a days ) but too much addicted unto this way . capt. the office of the steward is to receive the full mass of victual of all kinds from the purser , to see it well and conveniently stowed in the hold ; to look well unto it , when it is there ; to take into his custody all the candles , and all things of that nature belonging to the ships use : to look diligently to the bread in the bread-room , and to share out the proportions of all the several messes in the ship ; to which end , he hath a several part in the hold of the ship designed for himself , which is called the stewards room , where also he sleeps and eats . adm. this office may be thought to be providently introduced ; for though it seem at the first sight , to be only as assistant to the office of the purser ( and indeed many times the steward and the purser are but too well acquainted ) yet being cautiously conferred , and honestly discharged , it may be made use of for many needful discoveries , and serve as an over-awing of all such abuses and cousenages as may be practised that way ▪ capt. the office and peculiar duty of the purser , is to receive the full quantity and proportion of all kinds of victual from the victualler , according to the number of the ships company , and the times that the ship is to be victualled out ; to take especial heed that it be every way well conditioned ; to see that it be well layed up and stowed . and this purser is also , to take the list and catalogue of the names of all the men and boys belonging to the ship , and to set down exactly the days of every mans admittance into pay , and from time to time to acquaint the captain with every particular , that so at the welcome pay-day the general pay-master or treasurer of the navy , may issue his disbursments accordingly , and pay by the pursers book . adm. surely this officer ought to be a man both of integrity and sufficiency ; for were it not for the captain ( i mean where there is no muster-master present , as in the employments in guarding of our channel ) in the point of looking to have his company full , and for the steward , in taking notice that the full proportion of victual be brought in : this purser might purse up roundly for himself , and that without all discovery . capt. the cooks office is at sea ( as on the shore ) to dress and accommodate all sorts of victual in the cook-room according to the number of messes , and every mess of men that are aboard the ship , and this victual he is to take by tale and weight from the steward and purser , and being cooked , to deliver it to those men which are chosen by every mess , at meal times , for the fetching of it away : the which men it behoves him to observe heedfully , lest otherwise both himself and some other messes be cousened of their dues , by delivering twice to one mess : the cook is also to to take especial care , that both the flesh and fish be timely and sufficiently watered and shifted , for the holsome feeding of the ships company : to which end there are certain men to be appointed , which are tearmed the shifters ; and which i rank as men of the cook-room ; and therefore do not reckon them among the number of the officers . adm. i doubt not but these cooks know well enough how to lick their own fingers ; and i assure my self that their fat fees make them savers , whosoever else loseth by the voyage . capt. the peculiar duty of the cock-swain is to have an eye and care of the barge or shalop , and of all the implements thereto belonging , and so to be ready with his boat company , or gang of men , to man these boats upon all occasions ; and when either the captain or any person of fashion is to use the boat , or be carryed too and again from the ship , he is to have the boat trimmed with her cushions and carpet , and himself is to be ready to steer her out of her stern , and with his whistle to chear up and direct his gang of rowers , and to keep them together when they are to wait : and this is the lowest officer in a ship , that is allowed to carry a whistle . adm. how many be the officers that carry whistles ? capt. they are , the master ; the boat-swain ; and the cock-swain . adm. what is the peculiar charge , and office belonging to the boat-swain ? capt. the office of the boat-swain is , to take into his custody and under his charge , all the ropes belonging to the rigging of the ship in general ; all her cables , and anchors ; all her sayls ; all her flags , colours , and pendants ; and so to stand answerable for them : he is to take care also , in especial of the long-boat , and the general furniture thereof ; and is either himself , or his mate to go in her and to steer her , upon all services and occasions : he is likewise to call up all the several gangs , and companies of men , belonging to the ship , to the due executing of their watches , works , and spels , and to see that they perform them thoroughly , and seasonably ; and to keep them quiet and at peace one with another : and lastly , besides all this he is ( in the nature of the provost marshals at land ) to see all offendors punctually punished either at the capstan by the bilboes , or with duckgin , at the main yard arm , as they are censured by the captain , or by the marshal court of the whole fleet. adm. this office must needs be of much use and necessity for the due disciplining and ordering of the ships whole company , and the officers had need be stirring , stout , and faithful . but before you proceed any further in this way , i shall desire you to rehearse unto me what your usual and customary punishments are at sea ; and what these at the capstan , bilboes and duckings are in particular ▪ capt. what the capstan , the bilboes , and the yard arms are , shall be explained hereafter , when we come to speak of the names of the parts of a ship. the punishment at the capstan is , when a capstan bar being thrust through the hole of the barrel , the offendors arms are extended at the full length cross-wise , and so tied unto the bar having sometimes , a basket of bullets , or some other the like weight hanging by his neck ; in which posture he continueth till he be either brought to confess some plot or crime , whereof he is pregnantly suspected ; or that he hath received such condign suffering , as he is censured to undergo , at the discretion of the captain . the punishment by the bilboes , is , when a delinquent is laid in irons , or in a kind of stocks that they use for that purpose ; and which are more or less ponderous , as the quality of the offence is , that is proved against the offending patient . the ducking at the main yard arm is , when a malefactor , by having a rope fastened under his arms , and about his middle , and under his breech , is thus hoisted up to the end of the yard , from whence he is violently let fall into the sea , sometimes twice , sometimes three several times one after another ; and if the offence be foul , he is also drawn underneath the very keel of the ship , the which they tearm keel-raking , and being thus under water , a great piece is given fire unto right over his head , as well to astonish him the more with the thunder thereof , which proveth much offensive to him , as to give warning to all others to look out and beware . and these are the common and usual ways of inflicting of punishment upon sea offenders : the which also in capital causes , as murthers , mutinies , and the like , are so far transcended , that where there is otherwhiles a ducking at the main yard arm , there is a hanging exe●●ted in the same place : but this is not ●●ne , but by some especial commissi●● , or at the least by a martial court. 〈◊〉 for petty pilferings , and the like of ●●at nature , they are generally pu●●shed with the whip ; the offender , ●●ing to that purpose bound fast to the ●●pstan : and the knaveries of the ●hip boys are payd by the boat-swain ●ith the rod ; and commonly this exe●●tion is done upon the munday mor●ings ; and is so frequently in use , that ●ome meer sea men believe in earnest , ●hat they shall not have a fair wind , unless the poor boys be duely brought ●●o the chest , that is , be whipped every munday morning . adm. let us now return to our sea offices , and tell me the use of your joyner a ship-bord ? capt. this is an officer only used in great ships , and is rather for neatness than necessity ; as to wainscot , or seel the great cabin ; ( but this seeling is much grown out of use , in regard that it is a great harbor for rats , and maketh an offensive cracking noise when the ship works much in foul weather ) he also is to trim up those wainsco● beds wherein men use to sleep ; to settle the tables and to fix them ; to contrive handsome and convenient bence in the great cabbin and else where , for the stowing of small commodities ; to make those little boxes by the ship sides which are termed lockers ; as also to fit those little windows and holes which are cut out abaft in the great cabbin and else where , which are called scuttles : and these and the like implements are the work and under the charge of this joyner ; being ( as i said formerly ) a sea officer in great ships only , and indeed no otherwise , then as a limb and an assistant to the office of the carpenter . adm. and what is the duty and work of this carpenter ? capt. you know well ( my lord ) that it is the ship-carpenters trade to build ships ; but his office that you inquire after here , is in the general , to keep ships in repair when they are built , and chiefly when they are out at sea ; and to this end , besides his full provision of tools , he is to have with him , all the materials requirable hereunto ; and in especial ( as being ●ost necessary for the time and service ) to furnish himself , with some ●●are pieces of timber , wherewith to ●…ake fishes , for to strengthen and suc●our the masts , if cause require ; to ●ave some spare yards lashed ( that is made fast ) to the ships sides , if any yard should chance to be broken ; to ●ave every thing requisite , for the ●ending and reparation of all the pumps ; to have an overplus in his store , of whatsoever may belong to the preservation and safety of the rudder ; to have stuff for the well calking of the ship , if any of her seams should chance to open ; and to have an especial care , to be very sufficiently stored , with all such needful provisions as many serve for the stopping of all accidental leaks . in breif , he is , with his gang , to be so employed , that the ship may be well fitted in general , for her well swimming and sayling , and that she be maintained in that plight and condition . adm. now you speak of leaks i pray tell me ( by the way ) what these leaks are , how they may be found out , and how best stopped , and so withal , i shall come to know what the materials are , that are requirable for that use ? capt. we shall find a fitter place hereafter , when we come to speak of all the parts of a ship , to tell what these leaks are . as for the ways of stopping of them when they are felt a● sea , they are commonly two ; either within board , which is done with much difficulty , when the leaks be low amongst the ground-timbers or hooks , for then the best remedy is to sink down some tallow and coles mixed together ; and in some cases , some raw beef , oatmeal , bags , and the like : but if the leak be any thing high , it is readily and easily stopped , by the nayling of a piece of sheet-lead upon the place ; and if it come by a shot , this is best done , by the driving in of a plug , ( it is a stopple of wood ) wrapped about with canvas . if the leak be to be stopped without board , and that it be not over low towards the keel , then it may be done by causing the ship to heel to the one side , and so to fasten some sheet-lead upon the place ; and if the leak prove to be over-low , that it cannot be reached that way , then the course may be to stitch or sow up a piece of a course sail , or ( which is better ) some remnant of a small netting into the fashion of a bag , with some long and well opened rope-yarns put within it , and then sinking this bag under the keel , so to bring it up again directly , and as full as may be , with the leak , and there to let it lie , that by the in-draught of the water , the oakam or rope-yarn that is within the bag , may be sucked into the hole or crack of the leak , and thereby become stopped that way . adm. and surely these are probable ways for the doing of this deed. but how may these leaks be found out , and the certain part known where they are ? capt. all leaks , where they are , are easily found to be so , by the trying of the pumps , and many other visible ways ; but the difficulty and master-piece , is to find where they are , and in what particular part , especially when they be low , and near the keel of the ship , that so they may be stopped with the more ease , speed , and certainty ; and though there be many courses conducing hereunto , as ( when the leak is great ) by the observing of the in-draught without board , and some other the like , yet i shall here propound unto your lordship only one , the which , as it is not vulgar , so i hold it for most sure , and it is by taking of an empty pot of earth , and placing the mouth thereof upon some piece of a board within the hold of the ship , and there laying your ear as close unto the pot as you can ; if there be any in-let of water in the ship , you shall hereby apparently and audibly hear it , and the nearer or farther off you are from the place where the leaking is , the more or less you shall hear it ; so that by the removing of the pot and board to and fro , and from one place to another , you shall at last , by the conduction of your ear , attain the perfect knowledge of the certain part and place where the leak is , and so the better stop it . adm. i thank you captain for this intelligence and information , i pray now proceed to the descriptions of your sea officers again , and the next in order , is that of your master gunners place . capt. the office of this master-gunner , is to take into his charge all the ordnance that the ship carrieth , to see that they be serviceably mounted , and sufficiently supplied with spunges , ladles and rammers , that in foul weather they be traversed with board ( especially those of the lower tire ) and that the ports be shut and calked up , that at all times they be throughly breeched and made fast , least any one of them should chance to break loose , to the eminent danger of the foundring of the ship ; and for the time of a fight , he is to provide that every peece be sufficiently manned ; he is also to be cautious and provident in the guard of the powder in the powder-room , and upon no occasion to suffer any fire to come near unto it , unless it be a candle in a well-glazed lanthorn ; and he is to take and give an account of all the powder , and of the remainder thereof at all times : to which end , he is is to keep a reckoning in writing ( as near as may be ) of every shot that is made , and not to make any shot without the knowledge and order of the captain , or in his absence , of the lieutenant or master : he is besides to take into his charge all the provisions belonging to the gun-room , which is the proper rendezvouze of himself and his gang ( to eat and sleep in ) and is to have there in a readiness a fit number of carthrages , proportionable to the cilenders of all his guns ( filled with powder , if any present use be expected ) with lattin cases also , which serve as well to form as to carry them in a fight , and thereby to avoid the danger of fire . and in this gun-room also , are to be ordered , and handsomly placed all the small shot belonging to the musqueteers of the ship , together with their bandeliers , and due proportions of match . adm. this must needs be an office requiring a person of honesty , care , and skill : and i am in doubt , that though we are become generally somewhat defective in our sea officers , yet in none more than in this . but what is your pilots place and part ? capt. pilots are properly those , who ( upon coasts and shores unknown to the master ) are used for the conduction of ships into rodes or harbours , or over barrs and sands , or thorow serpentine and intricate channels ; the which they perform by their knowledge of the true depths , and the heights and flowings of the tides , and how they set from point to point , with the difference of those aboard , from those in the channel or the shores , and by the blowings of the winds , where the sands are movable ; and by land-marks , which they are acquainted withal , when they are to pass thorow any channel or narrow . and though these pilots are but rarely entertained whilst the ships are abroad at sea , or for the whole voyage ; but having done their parts in piloting the ships out in the offin , are returned to the shore , where they have their residence , and get their bread in this fashion ; yet in ships of charge and burthen , it were no unthrifty providence to have one of them always aboard , to prevent all hazards . adm. and i am of that mind too ; for though they may be certainly had for the piloting outwards bound , yet is there as much need , if not more , of having them at the land-fall , when the ship returneth , which may be in such weather as that they cannot be gotten aboard by any means whatsoever ; and therefore i shall give my vote , that to all the ships royal belonging to his majesty , there be the allowance of a pilot , or at least , that one of the masters mates be known to be very sufficiently traded this way , if not the master himself . and now go on to the particular office and charge of the master . capt. the masters place and duty is , when the ship is abroad at sea , to take the general conduction of the way and sailing of the ship into his charge and care ; and to shape all such courses as may safest and soonest bring her to her designed ports and places of rendesvouse ; to which end , he is to see the ships company duly divided and quartered for the true performing of their watches , and for the trimming and management of her sails upon all occasions . he is carefully and diligently to look unto the steerage , and to appoint and order that some of the quarter-masters be always ready to cond her ; he is to inquire , and to take account of all the ways that the ship hath made , and upon what points of the compass she hath been steered in every watch , and as conducing thereunto , to take a view of the traverse board , and to consider of all the dead reckonings , and by his observations , to take the height of the sun or stars , with is his astrolabe , back-staff , or jacobs-staff , and accordingly to prick his card ; and upon the approach to any coast , to use the deep sea-line , or sounding-line , that so he may know the ground and soundings ; and all this is to be done , that he may the surer and readier give an account unto the captain of the place where the ship at any time is ; briefly , the master with his mates , are the guids to lead the ship in her right way , and the scouts to look out , that she take no harm in it any where . adm. but there is an extension of the masters office , in all merchants-ships far enough beyond all this that you mention here : for there i find them in a command in chief , and some of them taking upon them the titles of captains , and to go away with it too : who ( i believe ) were never commissioned , either by his majesty , or any of his admirals or generals . capt. you may indeed find them there mistaken by some degrees in their observations , and over elevated ; and it is because our merchants ( the more is the pity ) cannot abide to have any gentlemen commanders in their ships ; and it may be , the most of gentlemen are as unwilling as themselves . but withal it hath brought forth this ill effect , even in his majesties ships , that of late , these masters undergo the command of a captain , with a great deal of repining and sullenness , and the rather , in regard that many times they meet with but weak captains . and as for the usurpation of the title , the marshals court may ( as i conceive ) call it into question whensoever it pleaseth , and perhaps it were not unfit that it did . adm. well , go on , and proceed to the duty of the corporals at sea. capt. the corporal his office is to look unto all the small shot belonging unto the ship , and to keep them fixed and clean ; together with their bandeliers filled with good and dry powder , and their proportions of match ; and with these he is to exercise all such of the company , as are assigned by the captain to use their musquets in a fight , and to practise , and thorowly inure them to all their sea-postures . adm. though this be but a new officer at sea , yet it is a necessary one , especially in the point of well using their arms , and besides , it may lead on in a fit way to the finding out of a lieutenant , for i could wish that the corporals were gentlemen . adm. and what is the lieutenants part ? capt. a lieutenants place at sea , is as the lieutenants place on the shore ; for in the captains absence , he is to command in chief : only he is to be admonished that he be not too fierce in his way at the first ( which is an humour whereto young men are much addicted ) but to carry himself with moderation and respect to the master gunner , boat-swain and the other officers , that so he may not be despised , but beloved and obeyed ; and when experience hath taught him somewhat more fully to understand his place , he may grow to an higher strain , and at last attain to his affected port , a captain-ship . adm. well then , to conclude , what are the parts and properties requirable in a captain at sea , who is to direct and command all the forenamed officers ? capt. there is no doubt but that a sea captain commanding in chief , in one of his majesties royal ships , hath as enlarged a charge under his hand , and of as high a nature as any colonel at land ; for besides , that in some of those ships there ought not to be fewer than five , six or seven hundred men to the due manning of them , when they are to go out to sea , the which amounts well neer to the number of some regiments ; all of which are absolutely under the command of the captain . he is also over and above to stand answerable to his majesty for the whole ship her self , and all her ordnance ; the value and worth whereof is seldom less than twenty thousand pounds , and of some of them thirty , yea forty and upwards . and as for the point of honour , what greater honour hath our nation in martial matters , than in his majesties navy ? what greater dishonour ( besides the loss ) can there be in this kind to the state , than that such a ship as one of these , should , either by the ignorance , cowardliness or treachery of the prime commander , fall into an enemies hand . in few words therefore , i say ( my lord ) that it were to be wished that this commander thus entertained in his majesties pay , and this service , should bring with him , besides an unsuspected loyalty , and approved valour ; a full experience and sufficient skill to enable him , not only to exact an account of all his subordinate officers in their several and distinct charges and places , but so well to understand them when they are given up , as to find out all the fallacies and failings , discover the errors and short executions , and so to correct and amend them . and thus ( my lord ) i have run through the task you enjoyned me , concerning the commanders and officers requirable in a ship of war ; i have done it briefly , and according to my mean sufficiency ; the which , as i leave to your lordships censure , so i crave your favourable acceptance . adm. i thank you captain ; and we will here end our first days dialogue , and begin our second to morrow . capt. i shall be ready to wait . dialogue the second . about the common mariner . admiral . well met again captain . as our first days discourse pointed upon sea commanders in chief , and their subordinate officers ; so let our second be concerning the common and ordinary sea-man , and about some particulars , that in that way do most reflect on the present times . captain . i shall attend your lordships commands and demands . adm. let us then begin with that loathness , if not loathing , which of late days hath so possessed these people against all services in his majesties ships and fleets . what do you conceive to be the main and true motives hereof ? capt. i apprehend they may be chiefly these three . . some procrastinations and delays of their pays , at their returns home . . a stoln trade , and profit that way , which they find in merchant voyages , over and above their wages and hire . . the extravagant hopes that they flatter themselves withal , when they serve in private men of war , where they go upon their thirds . and ly . the loose liberty and uncontrouled life that they lead , when they are entertained in any of these courses ; and especially in that of private men of war. adm. these are indeed likely ways all of them , to work upon this kind of men. but what courses can you propound for their recovery ? capt. since your lordship is pleased herein to demand and hear my mean opinion , i shall not fear to speak freely . first then , touching the first of these . the which , since i apprehend it might be occasioned by those mighty disbursments , the which , a long disuse did put upon the exchequer , in the fitting up of his majesties ships , and the victualling of them out , together with the failings of such supplies , as upon just grounds might well be relied upon , and were expected would be continued ; there is no doubt , but that for the future , the wisdom of the state will find it fit , either to be sufficiently furnished aforehand , and have in possession these nerves of all great actions , and especially military ones ; or will forbear over vast designs , until it be found that there is fulness and growth enough to grapple with them . and then i doubt not , but that one only voyage and employment , bringing with it a full and quick discharge of all pays and arrears of this nature , will help well , to rectifie all former misconceits , and recover all that affection which hath been lost by the contrary courses . adm. this is not improbable . but what say you to the second motive that you mentioned , as leading to this dislike , which was the overplus of their gain by their secret trading in merchant voyages . capt. this hath in some good part , been already ballanced by his majesties late augmentation of sea mens pay in general , which hath been improved almost half in half . for there is no prince , or state in the world , that alloweth larger wages to sea-men , then his majesty now doth to his : and that late addition also , of providing some convenient cloaths for them before-hand , hath bin very well thought upon . for these people , when they are left to themselves , are generally found , to make more of their bellies than their backs ; and yet are in nothing more disabled in their services , nor more discontented abroad then by the miss of shift , and sence of cold , by the want of sufficient cloathing : so that , if with these provent cloaths , some small part of their pay , might be imparted unto them , also aforehand , by way of some spending money ) i assure my self , they would be well wrought upon , as well to a willingness to serve , as a constancy to stay where they shall find themselves so pleasingly supplied from day to day . adm. and i conceive that this might be done , without any inconvenience any way ; and especially when his majesties coffers are full ; and that care be had , that these imprest monies , be not farther entrusted , then at the most , from week to week . proceed to your third observation , about the extravagancy of their hopes , in point of pillage , when they are employed abroad , in private men of war. capt. as for this business of pillage , ( which is with them , a going upon their thirds ; and that is , when they have the third part shared amongst them , of whatsoever shall be gotten ) it is sure enough , that there is nothing , that bewitcheth so much ; nor any thing wherein they promise to themselves so loudly , and delight in so greatly ; insomuch , that i have known some of them , who though they might look for a hanging from their own commanmanders at their return , for their irregular going out ; and adventured the the cutting of their throats , by the enemy , in their going out ; yet stuck not to rove into an enemies quarter , two or three miles , in hope only to pillage some rotten house-hold stuff : and i saw one of these returning with a feather-bed on his back , all that way , in an extremity of hot weather , that was not worth ten shillings when he had it at home . a voyage and an adventure , that all the commands and compulsions in the world , nor ( as i think ) ought else , save this ( for these ladds know but little of any other terms of honour , and reputation ) should ever have brought them unto . and by this your lordship may know their nature ; the which in this kind and by this means , may be made use of . adm. it seemes by this , that you would infer , that these good fellows ( as part of a cure of their unwillingness to services of the state ) should have some allowance of pillage granted unto them whilst they are in his majesties services . capt. i would so indeed ; for sure i am , that it would not only whet their stomachs to the service , but to the fighting that belongs to the service . adm. but how can this be done , without much dammage and loss to his majesty , whose sole charge it is to furnish out all his ships and fleets , and who payeth the company largely and fully at the end of the action , whether the voyage be successful or not . capt. but the pillage , the which i wish might be allowed , being only that which shall be found betwixt the decks ( and of this we have a president from our thriving and thrifty neighbours the netherlanders ) is not of any such considerable value , as to extend to any notorious loss to his majesty by their pillaging of it , and yet the very only hearsay of an allowance , shall not only ( as aforesaid ) entice and recover them to a forward employing of themselves in these services , but withal make them adventurous and stout in fights , when they are brought unto them ; whereas at the present , not finding any other tast or feeling this way , or by this means than danger and knocks , and that it is all one with them , whether they take any prizes , or take them not , they propound it , as the safest of their ways , to receive their pays in a whole skin . adm. i must confess , that you have satisfied me in this particular also ; but what say you to that fourth motive you mentioned , which was that of liberty ? capt. surely experience hath taught , that those so strict restraints , which so frequently have been urged of late , and wherein , the captains have received so peremtory commands against sufferance of their common men to go on shore , whilst they lay in harbour , in his majesties ships , which hath been sometimes , three and four months together , instead of preventing a going away , and running from the service ( which was aimed at ) have produced the quite contrary effects ; for these prohibitions being not in possibility to be made good to any purpose , by reason of the many shore-boats , that haunted the ships continually , and stole aboard them in the night time ; wherein the mariners got to the shore , in spight of all care to the contrary : they being thus gotten on shore , and having there spent their little money , they became ( as they grew sober ) to be so gastred from a return to their ships , for fear of the punishment due unto the breach of the restraint , as that as many of them as could ( and some of these officers ) conveyed themselves quite away , and utterly forsook the service ; the which but for fear of this punishment , in all likelyhood they would not have done ; and yet would rather adventure upon any hazard , then to be so imprisoned and strictly held on ship-board , within smell and sight of the shore , as their captains were compelled to keep them . adm. this may well be ; and besides , i conceive that another mischeif might hereupon also ensue , in that the long and continual tying of these men to the salt fare and feeding upon sea victual , before they came to any service or action , could not but be one main means of the much sickness , and infection , that hath of late been every where found amongst them , whereby they becam utterly disabled in the service when they came unto it . capt. your lordship judgeth rightly ; and in these respects , i must confess , that for mine own part , it is mine opinion , that our sea-men are not to be farther restrained from going to the shore , whilst the ships lye in harbour , then only that they are to acquaint the captain , or in his absence , his lieutenant , or the master , with their going , and to ask their licences ; the which may be left to their discretions either to grant or deny , as they shall find cause and occasion , adm. well captain , you have spoken sufficiently to the four particulars , which you delivered as causes and motives of the present distastes that the ordinary sea-man hath falen into of late , against all sea services , in his majesties ships of war ; and i approve also of the remedies you have prescribed , to be very probable . but you know withal , that the insolencies of these people , are at the present , so overgrown , as that upon the slightest occasions , these lads have been found with nothing more ready in their mouths , then that mutinous sea-cry , one and all ; and you have seen them affronting justice even in the high streets of the city , and at the very court it self , and seats of justice they have been heard in tumults and out-cries ; so that it may be doubted that these lenitive potions you have prescribed , will not work to any perfect and through cure , upon such surly-natured patients , whose diseases may be feared to be inveterate and deeply over-spread . capt. indeed ( my lord ) these times have produced new examples , and unusual distempers in these kinds ; and they have rather been fuelled then allayed by an over indulgency ; in that these men have found their tumultuous clamours and demands contented and satisfied , by this rude and boystrous , ( not to say rebellious , course of feeking them ; a president that may be feared of worse consequence then ( thanks be to god ) hath yet been felt ; unless it shall be thoroughly and seasonably looked unto , if ever any the like occasion should be offered hereafter : for it is certain , that no due or right whatsoever , is either to be given or gotten the wrong way . adm. you hold right ; so that perhaps , this cure will scarce be perfected without some corrosives . capt. due and fit experiments being first made , by these gentle and winning prescriptions formerly propounded , as ways of perparation ; if they prove or work not , there may and must be added unto them , severe poenal prohibitions against their serving abroad with any forraign state unless particularly licenced , and due executions of some such warranted inflictions , as have anciently been practised upon all such , who having been impressed into the princes services , and received his imprest monies , shall dare either to run away or hide themselves from these employments , after they have been mustered ; or shall not punctually and orderly present themselves at their appointed times and places of rendezvous , after they are impressed . in all which pariculars , it is more then time , that some pickt and choice examples had been offered to the world and age ; and that not only in the persons of the refractory run-aways , but upon all such likewise , whether natives or strangers , as shall dare and presume to entertain them , much less entice and hide them away , after they have been commanded into any of his majesties services . and for the more thorough execution hereof , it is the opinion of some men , that it were fit that some of the most ancient sea captains that have commanded in his majesties ships royal , should be always commissioned , for the ordering of delinquents of this nature , and to have authority in themselves , and power to call in unto their assistance any such of his majesties officers , ( as costanbles , justices of the peace and the like ) as may best and fittest be had in all places , where the offenders shall be found , that so due punishments may be inflicted upon all seamen , and others , as shall be any way , or in any place , in any of these kinds found in their insolencies and disorders ; and that these captains , thus commissioned , ( that they may be the better known ) should be distinguished , by some ribbon about their necks , or truncheons in their hands , or both ; the which they ( and none but they should be suffered to wear and carry . adm. i differ not from you in any of these particulars ; and touching this last , i assure my self , that as it would work much to a due respect of these captains among sea-men in general , so it would either reduce these libertines of our age , unto their old ( queen elizabeth ) obedience and discipline , or leave them to the sufferance of deserved punishment , without all excuse or pity ; for there are no ways of government either just or prevalent , but praemio et paena . but captain , before i can dismiss you , from this days meeting , in regard that i have heard it said and lamented , that there is , at the present , an unwonted want of sea-men in general within his majesties dominions , and that as well in respect of number as sufficiency , i would entreat you to offer and present some such ways and cources , for the better breeding and multiplying of these so necessary hands , as either in your apprehension , experience , or both , you do conceive to be most proper and probable . capt. having your lordships command for it , and having adventured thus far already , under your lordship protection , and with i hope some approbation , i shall readily and briefly deliver my poor opinion in this particular also . it is not to be denyed ( my lord ) but that all tradings upon the water , and every employment in that kind of life , may be allowed and accounted in their several degrees , as ways tending to the encrease and breed of seamen ; for who knoweth not , but that the continual rowing in our wherries , between london-bridge and westminister , maketh expert oar-men ; and this is one step ( though the lowest ) towards the attainment of this art , and occupation ; and therefore i hold it good prudence ( by way of farther improvement ) that in all sea-services whereinto any men are impressed , some numbers of these fresh-water sea-folk , be found out and employed abroad ; and that even the merchants themselves , be admonished to use some of them aboard their ships , in their shorter voyages ; provided that they be no where relied upon at the first dash ; for any farther piece of the ships sufficient manning , than only to row in the boats , and for a while also in fair weather only ; for otherwise it is to be confest , that there may be a want and danger . adm. you say well ; for there are many of these water-men , stout and able ; and besides their daily practice at the oar , the only air of the water , and the motion there , must needs make them sooner seamen , then such others , as are not at all , or but seldom used unto it , though considered but in the particulars , of sea-leggs and sea-stomachs . capt. the second growth which i find in our nursery of sea-men , is amongst the small fisher-boats , used in our rivers , creeks , and close by the shoars ; and those of these growth may be admitted unto the second form in our sea-school ; for besides the sea-leggs , and sea-stomachs , that they have very good and perfect , they have some few ropes and sayls to handle and mannage also ; some grapnels to to employ and look unto , and are passing well fore-sighted about sudden gusts , storms , and change of weather ; and therefore i could wish , that of these also , some were always had aboard and carried out to sea , that so they might be inured to live out of sight of land , to learn new ropes and more sayls , to get an encrease of sea-language , and to know and steer by the compass ; the which they would nimbly do , and one degree sooner , than your former fresh water-men ; and therefore it is pity , but that they should be preserved in all their rights , and by all means and favourable usage , be encouraged to grow and multiply . adm. it is indeed pity that these poor men should be any way disheartned ; for a good many of these petty fisher-men there are , that in a short time might be made good sea-men . capt. a third rank and order of sea-scholars , are tutored among those bolder fisher-men of ours , who not only dare lay the shore , and fish out of sight of it , or sayl as far as ireland for their herrings , but adventure upon the coasts of america , and fish at new-found land , and upon the bank ; and these as they are bolder men , so they have bigger vessels , fitted and rigged with all the ropes , sayls , masts and yards that belong to a good ship , and become hereby throughly acquainted with every inch of them , and can readily mannage and order them with sufficient dexterity ; and can also take their turns at the helm ; so that with a little larger experience , they soon grow up to be very stout and active men , for any service and employment that they shall be put unto . these therefore are carefully to be cherished in their ordinary courses : the which may be done by courses of provision , for the convenient venting and sale of their fish , when they bring it home ; and hereunto his majesties proclamation , touching the due and thorough observation of fasting-days throughout all his dominions , doth providently tend : and whensoever our wonted fishing with busses shall be restablished , it will questionless be a main mean to work to an increase among them , and to incourage and breed a seminary of good saylers this way . adm. i am confident with you in this , and were there nothing else in it but this busse-fishing , were a work of regard , and no doubt but may both require and requite the noblest adventures . capt. a fourth way of breeding of saylors with us , is found with our new-castle colliers ; the which though they are but coasters , yet by their employing of may ships , and many of them good ones ; and by finding occasions enough in our northern seas , and especially in their winter passages to put them to them to the best of skill and practice , they do not only take up and employ many men , but make many good sea-men likewise , who in a short time , by a few enlarged voyages , do attain to be accomplisht navigators , and send out from among themselves , some such officers , as may take charge in the most of merchant-voyages : so that this coal-carrying course , is not only to be well protected from enemies in time of war , and pirates in time of peace , for fewel and good fire sake ; but also for the maintenance of good shipping , and the multiplication of mariners . adm. no doubt but it that worketh well both ways ; only it were to be wished that they would be won to man their good ships better than ( for lucre sake ) they usually do ; for i believe that many of them are yearly lost by this means to a loss to the common-wealth , as well as to themselves . capt. questionless ( my lord ) the over slack manning out of ships procureth the loss of many an one of them ; and therefore i hold it a dangerous thrift and chiefly in long voyages of merchant-men , and at all times of action , in men of war , where there are so many occasions to use many hands : and i see not but that the biggest and best of ships , especially if this great ship be any way open built ( of which we shall have occasion to speak more hereafter ) may , in a fight be wronged and taken to , by an enemy not half so great nor good as her self , that shall over-top her with men ; for what can hinder the smaller ship from laying of the greater aboard , whensoever she hath the better of the wind ; and being once board and board with her , how can it be helped ( unless she be very extraordinarily fitted with close fight ? which but few of the greatest ships of england are ) but that being more numerous and stronger in men , she shall enter as many of them , as she list , in some one part or other of her enemie , in spight of all disadvantage of ship , and all opposition ; and so by oppressing her with multitude clear her decks , and take the ship : and this i say may well be expected , and as easily effected , whensoever a great ship much under-manned , is thus assaulted by a small ( and otherwise weak ) ship , that hath many more men than her self ; unless ( as before said ) this great ship be throughly contrived and armed with decks , bulk-heads and the like , proper for a defensive fight ; and such as shall hereafter be prescribed , when we come to treat of the best ships of war. adm. i find no ground for contradiction here . but captain , since we are fallen upon the point of manning of ships , i desire to know ( before we go on in the particular touching the breeding of mariners ) whether you have , or whether there may be any rules of proportion for the due and sufficient manning of ships in general . capt. i have heard ( my lord ) of some propositions of this nature ; and some would have the proportion to be taken after the number and quality of the great guns that the ship doth carry , with an answerable allowance of some spare hands for the handling of the sails . others conceive that this rule of proportion will hold truer , with a respect to the ships burthen ; and then they will have it , that in all ships , from forty tuns of burthen to four hundred , there be an allowance of one man to every four tuns , and so a ship of four hundred tuns in burthen , is to be manned with one hundred men , and so ratably downwards ; and from four hundred tuns upwards , they will have an allowance of one man to every three tuns ; and then a ship of six hundred tuns in burthen , shall be manned with two hundred men , and so accordingly upwards . but for mine own part , i cannot find how this computation can be brought within the compass of a certainty , but must be varied and regulated according to the length or shortness of the several voyages that ships are appointed out for , and with a respect to the services and occasions that they are to be employed in ; for who knows not , but that for a short voyage , a shorter number of men may be sufficient , than for a longer ; where it may with all reason be expected , that the length of time , and often mutation of climates , will cause some mortality , even among merchant-men ; and so likewise in employments in men of war , when an enemy is looked for , and where blows are to be given and taken , there is in all discretion , a larger number of men to be maintained aboard , than when there is nothing but a peaceable voyage expected . adm. surely reason compels a full consent to you in this , in mine opinion : and therefore i pray now return to your sea-seminaries again , of which , you have already particularized four . capt. a fifth way of breeding of sea-men amongst us , is in our merchants voyages , and this is a great and an important seminary of ships also , as well as of sea-men ; and herein also ( though they are seldom and scarcely bred up perfect sea-soldiers ) yet may they grow to be accomplished both mariners and navigators , and be very sufficiently enabled for all services in this kind ; and therefore ( though it were but for this alone ) are these courses in all reason to be protected and cherished , and especially such of them as overreach not in point of distance ; and such are those voyages and tradings into the bottom of the streights one way , and into the sound and those east-countries another way ; for , as for that tedious travel , which requires a double doubling of the great cape , i must make it a due and requisite quaere , whether it make or mar mariners most ? that is , whether there be not as many good mariners lost by the length of the way , and the often alteration of air and climates , as gotten by that practice and experience . adm. and i promise you , that for my self , i shall demur with you upon this also , and therefore go on in your way . capt. the sixth and last way of making of mariners with us , is by the service in his majesties fleets and ships royal , and that especially in the time of a war ; for herein they may not only attain to whatsoever can be taught in any of the former ways , but to an addition of being as well sea-soldiers as sea-men : here may be learned discipline and obedience , the use of their arms , and chiefly of their fiery weapons , and the sea-gunners art ; the most opportune courses to be held in the sailings out of fleets , for comliness , conveniency and keeping of company ; the best and most proper parts for all rendezvous and meetings again upon any separation ; the advantages that may be lost and gained in all manner of chases ; the best ways and helps in all sea-fights ; the safest and fittest forms to be practised upon all occasions in all sea fights and battels upon the sea ; the surest and most probable ways for any fleet , either to offend another , or secure it self , being put unto it , in any rode or harbour , with other the like dependencies . but because it is neither to be hoped nor wisht for , that a war should be immortal ( though hereby the spanish monarchy , and the states obtain an advancement of sea-strength , as well as land , beyond all others in the christian world : ) it is therefore a fit common-wealths act , that every one of these six several nurseries formerly noted , should be well fenced , watered , and manured in their several kinds , that so they may altogether and joyntly produce such fruit and encrease , as may be pleasing to all true english hearts , and profitable to the whole english empire in general adm. i wish it be so . and with thanks bid you farewel until to morrow . dialogue the third . about the victualling of ships . admiral . good morrow captain . let the subject of this days discourse be about the victualling out of ships and fleets ; and in the first place i would be satisfied by you ( for you must needs know if there hath been any such matter , having been a commander in all our late actions abroad ) whether that so fierce and general cry , as well against the quantity as quality of the victuals , hath been just and deservedly , yea or no ? capt. i must needs say ( my lord ) that i have only not heard this , but have had my share of the trouble and ill of it ; for the common sea-man , finding himself never so little agrieved this way , and missing the victualler to be revenged of ( who is far enough out of his reach , when these kinds of tryals and complaints come upon the pinch and are in agitation ) he takes his next way , either to the purser , master , or captain himself , ( if he appear first in sight ) and vents his clamour and spleen amongst them , and many times against them , as if either they were in the fault , or could redress it , when there is a fault . adm. but how comes there to be any fault ; for as touching the quantity of victuals , i have heard it generally and confidently spoken , that there is no prince nor state , that , by a good deal , maketh so large an allowance of victuals to sea-men , as his majesty doth ; whence is it then , that there have been so many complaints of late of this nature ? capt. it is indeed true , that as well in ways as victual , our english proportions , are very transcendent , and in the particular of victual ( especially of bread ) it is indeed more than can be eaten ; but the original and ground of complaint , in this particular , hath been , in that the marriner hath conceited himself , to be shortned and defrauded in that quantity , which they well know to be allowed unto them by the state. adm. and upon examination and proof have you found this to be true at any time ? capt. i must needs confess , that in our late , and especially latest voyages , i have more than once found twenty or thirty of the common sea-men of the ship , waiting at my cabbin door at a dinner time , with sometimes their beef , sometimes their pork in their hands , to shew me how small the pieces were , and how much under the quantity and weight proportioned unto them for their dues : and this indeed i evidently found to be so , but could not redress the wrong , nor right them , by reason that every cask and hogshead being to contain a certainty of so many pieces of beef or pork , and every piece to be of such a weight , if i should have made up the full of the weight , that was to have been for the quantity of their allowed meals , to every particular person , by an addition of some more pieces , it would of necessity have followed , that the general proportion in gross , which was to serve so many men for so many months , must have failed long before the limited time of service abroad would have expired ; the which might have hazarded a general starving of all the ships company . adm. it may seem by this , that the due and full quantity of victuals in these kinds allowed by the state , for the ships company , and expected to have been in the ships hold , for the prefixed time of service abroad , was not laid into the ship ; for though there were the full number of pieces of beef and pork , yet there was a want in weight and quantity ; so that there were so many pieces indeed as there ought to have been , but not so much in substance and flesh ; the which , if it were so , was a foul cousenage , and a desperate abuse , and might ( as you say ) have occasioned not only a general mutiny , but a general ruin. capt. it might so , and yet the abuse proceed from some inferior officers , as from the butchers and cutters out of the flesh , or from some other particular under-victuallers , or perhaps from the ill choice of the beasts , as being lean and old , which might cause the flesh to shrink in the seething , rather than from the prime and general victualler , who , i perswade my self , did take a great deal of care to the contrary . adm. be it from whomsoever , or wheresoever , most necessary it is , that a thorough redress should be found , for the future . but what say you captain concerning the general quality of the victual in point and condition of goodness and badness . capt. truly in this also i must needs say , that there hath been found and felt very ill dealing , and that not only in the provisions of flesh ( which perhaps may be somewhat excused , by the unfitness of the time of the year , that of necessity they were to be made in , which was in the very heat of the summer when flesh will not take salt ) but in the rotteness of the cheese , vileness of the butter , and badness of the fish ; the which sorts of provisions cannot allow any the like excuses : and as for our beer in general , it was not only very ill conditioned , but a great part of it lost , by a new device of petty saving , in not affording some iron bound cask for the lower tire of beer , so that ( for mine own particular , and i assure my self , that i suffered not single in this way ) in that ship of his majesties , wherein i commanded in the last voyage for rochell , when we thought to make use of that beer which ( for our last refuge ) had been lodged in our ballast , we found seventeen tuns of it , to be leaked out end for end , and this only thorough the want of a few iron hoops ; so that we were all of us put to the drinking of stinking infectious water for fourteen days space ; the which , had it but continued with us , as long again , as in all likelyhood it might have done double the time , it could not but have occasioned so main an infection , and death amongst our men , as might have endangered both ship , men and all . adm. surely these kinds of good husbandry ▪ as they may fall within the compass of any common capacity , so they are to be accounted but common counsel . but captain , what cure and preservatives could you propound against this dangerous , bad , and short victualling out of our fleets for the future ? capt. your lordship commanding me to speak , to a point that is so fit to be spoken of , i shall not fear to do it freely ; and i say , that if this great and general victualling out of our fleets , be a work over vast ( as many think it is ) to pass under the care and mannagement of one only victualler ( be he never so diligent , sufficient , and well credited ) who of necessity must entrust divers and different deputies in sundry ports and parts , being creatures for the most part , that are no farther interested nor true , then to their own ends , why may it not be believed a surer and more proper way that ( after the manner of other countries ) the captain , with the purser and master of every particular ship , having the same allowance from the state , that the victualler now hath , should have committed unto their care and charge , the victualling out of their own ships and companies , in which and with whom themselves also are to go and share , and that to such a quantity , and in such a quality , and by such a time , as they are to stand answerable for upon their perils . adm. for mine own part , i find no reasonable exception against this , unless it may be pretended that it will intrench too far upon the office of the royal victualler . capt. if it shall be thought so ( my lord ) and that this office in respect of the royalty of it , is not to be touched nor altered , it will follow then of necessity , that out of this office there must be providently and timely furnished , sufficient magazins of all sorts of provisions , in all such several ports as lye most convenient and proper ; and that sufficient means be provided , and warning given for the doing of this work ; that so all such vessels as are to make up the main body of any fleet at any time , for any occasion , may thereafter be ordered and appointed to receive and take in their victuals and provisions from several places , and from thence to make their repair to the general rendezvous of the whole fleet at the due appointed time. adm. this particular deserves to be thoroughly taken into consideration , for it may be feared , that unless there be an application of some good means of cure , by this or some other the like way , that these disorders and abuses will work to some farther ill and prejudice at one time or other , and truely we have already missed it very narrowly : for as it is certain that many of our best ships , in the last cales action , were in eminent danger of perishing at sea , and of never harbouring of themselves again any where , through the want of hands to mannage their sayls , so great and general was the infection and death of our mariners , in that so short a voyage : so this infection was thought to proceed mainly , from the unwholsomness of their victual in general . capt. our badness of victual might well be one main original cause hereof , i confess , but nevertheless two other ills there were besides , which concurred at that time to enlarge and set it forward ; which were , that the ships in general were extraordinarily pestered with land soldiers ; and that there were no hospital ships appointed in the fleet ( or at the least but a few , and those at the latest ) that so the sick and infected might have been separated from the sound . adm. as for the pestring of the ships , that you speak of , i cannot see , how it could be helped , considering that there were so many land-men to be transported in so few ships . capt. it is true , that a land army of any strength cannot be transported in any long voyage , but either at an excessive charge by a very numerous fleet , or with an extream danger of loss of men , by infection and sickness , when the ships are over pestered ; for land-men ( unused to the sea , ) by reason of their sea-sicknesses , their nastiness , and laziness , beget at sea , a thousand diseases , as well to others as themselves ; so that whensoever a fleet is found in this condition , an especial care and strickt course is to be taken , that the ships be not only kept clean , and washed every day , and that ( if it may be ) with vinegar , by the swabbers , and have some fumes of tar , pitch , and the like often burned below where the soldiers sleep ; but that the boat-swains and quarter-masters be injoyned to cause the soldiers to keep above the decks , and in the air , all fair weather , in the day time ; and when it is foul and rainy that they be held below , that so they may keep their cloaths dry ; for there is nothing more unwholsom at sea , than to sleep in wet cloathes ; the which being once wet , these soldiers must needs do , who seldom have any shift or change . and to the end that the soldiers may upon all occasions , be the better ruled and ordered by the sea officers , whilst their own commanders being as sick as themselves ( and perhaps some of them as unruly ) cannot do it , it were to be wished that the sea captains ( for the time of the landmens being aboard their ships ) might have as full a command over them as their own commanders when they are on the shore , or at the least , that both commanders be so equally commissioned , that their commands may go joyntly together ; for the land-officers being generally more subject to sickness , and disabilities that way , then ( at sea ) the other are : if it should fall out , that by their sickness or death their soldiers should be left without a commander , there must needs be expected many disorders and much danger ; and especially when the landmen do much overtop the seamen ; it being withal manifestly known , that land-soldiers , are not only ignorant of sea-sufferances , but withal very impatient , and given to mutinies and actions of that nature , upon the least sence of hardship in any of those ways . adm. i confess that this course seemeth unto me necessary enough , nor need it be taken in ill part by the land-commanders , for ( if they be temperate men ) they will rather wish for an assistant ( especially at such a time and in such a place , where themselves may expect to be disabled by sickness or otherwise ) than any way grudge or be repugnant unto it . but captain , what do you farther say about those hospital ships , that you spake of even now ? capt. i say ( my lord ) that most necessary it is in all fleets ( especially ordained for the transportation of a land army ) that a main care be taken , that every squadron of that fleet , be sufficiently furnished with these hospital ships , and that these ships be appointed and known before the fleet do put out to sea ; and that they be fited with convenient cabbins for the receit of sick people ; and that each of them have an able chyrugion with his mate , residently aboard , with their chests and instruments ; and that as any , either common man , or common officer shall fall sick , especially of a sickness known or suspected to be contagious , in any ship of any squadron , that he be with the first opportunity removed and received into that hospital ship , which is set out for that squadron , that so the sick may not only be separated from the sound , but be also the better looked unto , and provided for . adm. this is a provision both pious and provident . but let us now return to our victuals , wherein there is one point more that i desire to be satisfied in ; and that is , whether it were not more beneficial and preservative for the health and strength of our men , that the main of our victualling , were in the kinds thereof , altered , and nearer fitted to the manner of foreign parts , rather then as at the present with us , to consist so much , of salt and powdred meats , in beef , pork and salt-fish ? capt. without doubt ( my lord ) our much , and indeed excessive feeding upon these salt meats at sea , cannot but procure much unhealthiness and infection , and is questionless one main cause , that our english are so subject to calentures , scarbotes , and the like contagious diseases , above all other nations ; so that it were to be wished , that we did more conform our selves , if not to the spanish and italian natons , who live most upon rice meal , oat meal , biscake , figs , olives , oyl , and the like ; yet at the least to our neighbours the dutch , who content themselves , with a far less proportion of flesh and fish than we do ; and in stead thereof , do make it up with pease , beans , wheat , flower , butter , cheese , and those white meats ( as they are called . ) adm. it were well indeed if we could bring our selves to this provident and wholsom kinds of sea-fare ; but the difficulty consisteth , in that the common sea-men with us , are so besotted on their beef and pork , as they had rather adventure on all the calentures , and scarbots in the world , than to be weaned from their customary diet , or so much as to lose the least bit of it ; so that it may be doubted , that it would set them upon a loathing , and running away , as much as any other thing whatsoever . capt , i confess , that it is no easie matter by any new reason , to take of these lads from an old custom ; and yet would they but patiently consider of the well and lusty substance of the italian , spanish and dutch nations , who hereby live far more healthfully at sea than they do ; or but of our colony people in st. christophers , the barbados , virginia , and the bermudas , who for the most part live , and thrive well with their husked-homeny , and lob-lolly ( as they tearm it ) which they may make of the west-indian corn called maiz , it would perhaps work them to some willing conformity in this particular ; or if not , it is fit that they should be used like little children , or peevish patients and made to keep a good diet whether they will or no. but howsoever , sure i am , that this maiz , is a most excellent sea-food , and most proper for long sea-voyages ; for ( as it may be easily ordered ) it will keep extraordinarily , and withal is very nourishing and healthful . adm. but i see not of what use it can be with us , since it groweth not in these parts , nor is here any where to be had . capt. i know well ( my lord ) that these northern climates produce not these kinds of grain ; for neither the heats of our summers , nor the strength of our soil will bear or mature it ; i do not therefore propound it as a provision for our ships outward bound , but only to intimate , that whensoever we shall have occasion , and leave to look once again towards the west-indies , that then this kind of food may be found most useful for a supply of victual to all such of our ships as are bound that way , and that , either whilst they are there , or when they are to return . to which end , it will then be necessary , that all our southern colonies be instructed to employ themselves ( rather than as at the present upon smoaky tobacco ) in planting , and storing up so necessary and useful a commodity , that so an abundance thereof may be ready for all such fleets and ships of ours , as shall be employed that way ; the which is to be taken off from the colonies at reasonable and honest prices , with such needful merchandise , as is requirable for their use ; that so it may become their staple commodity , and a surer means of subsistance , than tobacco is likely to be . and as for the islands of the bermudaes or summer-islands , give me leave to assure your lordship ( as one that well knoweth them , and shall be ready to demonstrate it evidently , whensoever i shall be called unto it ) that ( in regard of their natural strength , the safety of their harbours , their most opportune situation , their salubrity , and their wonderful production ) they are the most advantagious piece , not only within his majesties dominions , but of all those parts , for to make use of , in all those western services , and especially sea-employments upon any of those coasts ; and in that regard , do well deserve , both to be cherished and well looked unto . adm. well captain ; i will trouble you no longer at this time , but shall take these your informations concerning victualling and victuallers into farther consideration , for i find it a matter of much moment and consequence . dialogue the fourth . about the names of all the parts belonging to a ship of war. and the words of art used by sea-men at sea. admiral . come on captain ; our discourse this day shall be for the explanation , not only of some words of art belonging unto your mystery , but for the understanding of the names also , and proper appellations of all the parts and pieces that are appertaining unto a ship , and especially a ship of war. capt. my lord , although this task may sute more properly with a ship-carpenter than a sea-captain ; who , perhaps ( like an old scholar ) may forget to say the rules of his sea-accidence , and that a very ship-boy can do it as well as either of them both ; yet to satisfie your lordships command , and in regard that it will withal much conduce to the true digesting and clearer understanding of whatsoever shall be required and spoken hereafter , concerning the choice of the best ships of war , and the bringing of them into action ; i shall not only use mine own memory , but the best helps of my memory , to do your lordship service in this particular also . adm. i thank you . capt. i will begin then with that which is termed the hull of a ship , and so from the more general to the particulars , and then from the particulars below , to those upwards . adm. well ; and what is that , which in the general appellation is called the hull of a ship ? capt. the hull , is nothing else but the main body or bulk of a ship , being without masts , yards , ropes and sails . adm. what mean you then by your sea-word of art , hulling ? capt. when a ship being at sea , doth take in all her sails , so that nothing but her masts , yards and riging are abroad , she is said to lye a hull , or to hull ; and this is done , sometimes in dead calms , to preserve the sails from beating ( and so spoiling ) against the masts ; and sometimes in foul and over-blowing weather , when a ship is not able to bear any sail abroad , by reason of the violence of a storm . adm. to observe your method ; tell me next , what you name that piece of timber which lyeth lowest in this hull of your ship. capt. the first piece of timber which lyeth in a strait line in the bottom of a hull of a ship , is called the keel ; and it is the foundation or basis whereon all the rest are fastned , and the one end thereof is at the stem , and the other at the stern of the ship ; and to this are all the ground-timbers and hooks fore and aft bolted , and on them are all the upper work of the ship raised . and when a ship hath a deep keel , she is said in sea-language to have a rank keel , the which manner of keel keeps a ship well from rowling ; so that when a ship rowls too much , by reason that she is over-floty , a second keel is sometimes put under the first ; and this is termed a false keel . adm. what call you the second piece of timber , in the hull of a ship ? capt. the second piece of timber , is that which lieth right over the keel , and it is called the keelson ; between which keelson and the keel , there runneth a rope from one end to the other , termed the keel-rope . adm. wherefore serves this keel-rope ? capt. the use thereof , is to clear the limber holes when they are choaked , that is , stopped with the ballast , or any the like thing . adm. before you tell me what these limber-holes are , let me know , what name you give to the first plank that is fastned upon the keel . capt. it is called the gar-board plank ; and the gar-board strake , i● the first seam in the ship that is next to the keel . adm. now tell me what your limber-holes are , and wherefore they are . capt. they are little square holes , cut out in the bottom of all the ground timbers and hooks , next to the keel , and right over the keel ; being about three or four inches square : and their use is to let the water pass to the well of the pump , which else would rest betwixt those timbers , into which is put the keel-rope . adm. now you speak of pumps , of what kinds and fashions are your ship-pumps . capt. they are found of three sorts , the first and the most ordinary , are altogether like those used on the shore ; and these stand by the main-mast . the second sort of pumps , are those termed bur-pumps , which are rarely found in any of our english ships , but very common with the dutch ; and they have them in their ships-sides , and call them bildge pumps ; for their ships being built with broad flat floors , do hereby hold much bildge-water , that is water , which by reason of the breadth of the bildge , that is bottom , of their ships floors , cannot come to the well in the ships hold : and the manner of these pumps , is , to have a staff , six or seven foot long , at the end whereof is a bar of wood whereto the leather is nailed ; and this serveth instead of the box ; and so men standing right over the pump , thrust down the staff ; to the midst whereof is seized a rope , long enough for six , eight or ten men to hale by , and so they pull it up , and draw up the water with it ; and this kind of pump doth deliver far more water than the former , and is not so laborious to use . the third kinds of ship-pumps , and indeed the best , are those called chain-pumps ; for these deliver most water , and that with most ease , and are withal the soonest mended : and these pumps have a chain of burs going in a wheel , ( from whence they have their name . ) as for the sea-term in the using of these pumps and all the rest them , is , the pump sucks , that is as much as to say , the water is all pumped out . the appurtenances belonging to these pumps , are ; the pump-brake , that is , the handle which they pump by ; the pump-can , that is a great can wherewith water is poured into the pump , when they intend to use it ; and the pump-vale , which is the trough , wherein the water that is pumped out runs along the ship sides , and so out of the scoper-holes ; the which scoper-holes , are made through the sides of the ship , close to all the deck ; and through which the water that is any way to be avoided out of the ship into the sea , passeth away : and these scoper holes , that are made in the lowest deck , have round and long leathers nailed over them , whereby the sea-water is kept out from entring into the ship , and yet they give way to any water that is upon the deck within the ship to pass out into the sea : and the like leathers are also nailed over the scoper-holes in the manniger , and those short nails with broad heads , wherewith these scoper-leathers , are fastned on , are termed the scoper-nails . adm. well , i pray now return to the ground-works of your ship again , and tell me what those are which you call the ground-timbers ? capt. they are those timbers , which are laid upon the keel , and made fast unto it with bolts through the keelson ; and are termed ground-timbers , because the ship doth rest upon them when she lieth a ground ; and those timbers which lie fore and aft ( that is , before and behind ) in the bottom of the ship , just as the rung-heads go , are termed the sleepers ; and the lowermost of them is bolted to the rung-heads , and the uppermost to the futtocks , and so do strengthen and bind fast the futtocks and the rungs ; and these do line out , and describe the narrowing of the ships-floor . adm. what be the rungs , and the rung-heads ? capt. the rungs , are timbers which give the floor of the ship , and they are bolted to the keel : the rung-heads are the ends of these rungs , which are made somewhat compassing , and do lead and direct the sweep , ( that is the mould ) of the futtocks ; for in the rung-heads , the lines which give the compass and bearing of the ship do begin ; and the hooks placed on the keel are named rising-timbers , in respect that according to the rising by degrees of these hooks ; so the rake ( that is so much of the ships hull as overhangs both the ends of the keel ) and the run ( that is , that part of the ships hull which is under water ) rise by degrees from her flat-floor : and those pieces of timber which resemble a mans leg and thigh , when the knee is bowed , are called the knees ; and they serve to bind the beams , and the futtocks together , being fast bolted with strong bolts into them both . adm. what are these beams and these futtocks ? capt. the beams are those great and main cross-timbers , which hold the sides of the ship from falling together , in the nature of beams in a house : and withal ( as those of a house ) they support the decks and the orlopes . the main beam is next to the main-mast , and from it , the beams are reckoned , by the distinctions , of the first , second , and third beam ; and the great beam of all is called the mid-ship-beam . the futtocks are those compassing timbers , which make the breadth of the ship ; and those below next the keel , are called the ground futtocks , the other , the upper futtocks ; and the spaces betwixt the futtocks , or betwixt the rungs , by the ships side , fore and aft , above and below are named the spurkets . adm. what are those decks and orlopes , that you mentioned even now . capt. a deck in a ship , is a floor planked , whereon the guns lie , and men walk too and again ; they are distinguished by the first , second , and third deck , beginning from the lowest upward ; and besides these whole decks , some great ships have a half deck , which is that which reacheth from the main-mast to the stem of the ship : and a quarter deck , which is from the steerage aloft to the masters round house : and a sparr deck which is the uppermost of all , and is betwixt the main-mast , and the missen ; and this very deck is also termed the orlope : and if a ship have three decks , the second and lowest deck are some-sometimes termed orlopes also ; only the uppermost deck of a three decked ship , is never termed but the deck . adm. explain the terms you formerly used , stem , round house , steerage . capt. the stem of a ship , is that main piece of timber which comes bowing-wise , from the keel below whereinto it is scarfed ( that is pieced in ) right before the fore-castle ; and this stem doth guide the rake of the ship ; and the hollow part resembling an arch , which is betwixt the transom and the lower part of the gallery , is called the lower counter ; and the upper counter is from the gallery to the lower part of the streight piece of the stern ; but that part of a ship which is fastned to the stem , supported with a knee , is named the beak , or beak-head ; and it is indeed , the becoming part , and the grace of the ship : and that sharpness of a ship which is underneath this beak-head , is termed the cut-water , because it cuts the water , and so divides it e're it comes to the bow ; and that small piece of timber set under the lower end of the beak , having two holes in it , is named the comb. as for the round-house ( upon occasion formerly mentioned ) it is the uppermost room or cabbin upon the stern of the ship , wherein the master sleepeth ; and the deck or floor over it , is called the poop of the ship : and the steerage , is that part of the ship where he standeth , who steereth ( that is guideth ) the ship with the helm ; and it is always ( in ships of war ) before the bulk-head of the great cabin , that is , the captains cabin , where he sleepeth and eateth . adm. but what distinct part is that which you named the fore-castle ? and what is that rake of a ship you formentioned ? capt. the fore-castle is that part where the fore-mast standeth , and it is severed and divided from the rest of the floor by a bulk-head ( a bulk-head being in general any division made cross the ship with boards , or ought else , whereby one room may be separated from another : ) and these bulk-heads of the fore-castle and the half-decks , are sometimes termed the cubbridge-head before , and the cubbridge-head behind ; and the small bulk-heads made in the hold of the ship , upon occasion of stowing of corn , or the like goods , that will shoot from one side to the other , are termed powches ; and that part of the fore-castle , which is aloft , and not in the hold , is termed the prow of the ship. adm. where is this hold ? capt. it is that part which is betwixt the keel-son and the lower deck ; wherein by bulk-heads , are divided the steward-room , where the victuals are stowed ; the powder-room , where the powder is bestowed ; the bread-room , for the bread and bisket ; the boat-swains store-room : and in merchant-ships , the rest of the goods in general . and the sea-words belonging to this part , are , to rummage the hold , that is , to look what is within it ; to clear the hold , that is , to lay the part handsome ; and to stow goods in the hold , that is , to put them handsomly and conveniently into the hold. adm. what is the rake of a ship ? capt. it is so much of her hull , or main body as doth overhang both the ends of her keel , and that part of it which is before , is termed her rake forward on ; and that part which is at the setting on of her stern-post , is named the rake afterward on : and when a ship hath but a small rake forward on , and so that she is built with her stem too streight up , she is called bluff-headed . adm. which is the stern of a ship ? capt. all the aftermost , that is , the hindermost part of a ship , is by a general appellation received for her stern ; but strictly taken , it is only the outmost part abaft that is behind : and that main timber piece which lyeth thwart , that is , cross the stern , and so layeth out the breadth of the ship , at the buttock , is named the transom peece , and this is directly under the gun-room port ; so that this buttock is indeed nothing else but the breadth of a ship , right a-stern from the tuck upwards ; and therefore as a ship is built broad or narrow at her transom , so she is said to have a broad or a narrow buttock . adm. what mean you by the tuck ? capt. it is a ship or sea-word , signifying the trussing or gathering up of the ships quarter under water ; the which trussing , if it lye deep in the water , it causeth the ship to have a broad ( which is called a fat ) quarter , and withal , it hinders her steerage , by reason that it keeps the water from passing swiftly to her rudder : if this trussing lye over high above the water , the ship will want bearing for her works behind , unless withal , the quarter be well layed out . adm. by this i apprehend , that what you call the quarter , is that part of the ships hull or main body which lyeth from the steerage-room to the transom . capt. your lordship apprehends truly . adm. but why should the slow passage of the water to the rudder of a ship , hinder her steerage ? capt. every man knows ( my lord ) that the rudder of a ship ( being that piece of timber which is hanged on the stern-posts , by four , five , and sometimes six iron hooks , called pintles ; for which , are fitted certain other irons named gudgeons ) is ( as one may say ) the very bridle or rains of a ship ; whereby she is turned and managed at the pleasure of him that stands at the helm . the which helm is put into the rudder , and by a staff ( called the whip ) which the steers-man holds in his hand , the ship is thus governed and directed . now the narrower the rudder is , the better is it for a ships sailing , provided that the ship will feel ( that is , be governed and guided ) by that rudder : for by this narrowness , she cutteth or passeth through the less water , and the better and sooner will the ship feel her rudder , if in her sailing the water pass swiftly unto it . and hence is it , that a ship having a fat-quarter ( as before said ) the water passeth hereby but dully unto her rudder , whereby her steerage is hindered . and the words of sea-art belonging to steerage , are , . port the helm , that is in ( the conding , which is directing of the steers-man how to govern the ship ) put the helm on the left hand or side of the ship. . starboard the helm , that is , put the helm on the right side of the ship. and it is to be observed , that in conding , it is not used to bid the helms-man larboard the helm , though that be all one with port the helm ; because ( as i conceive ) the words starboard and larboard being somewhat of a near sound , in case of hast , the one might be mistaken for the other , either by the speaker or hearer , to the much danger of all in general . the ▪ . word of art in this case is , right the helm , i. e. keep it even with the middle of the ship. . bear up the helm , i. e. let the ship go more at large before the wind. and lastly , bear up round , i. e. let the ship go between her two sheets , directly before the wind. adm. you mentioned even now the word bearing a ship in another sence than at the present , or else i am mistaken . capt. this word ( my lord ) is indeed among sea-men variously used . for when a ship doth carry ordnance or great guns , she is said to bear her ordnance ; when a ship sails upright in the water , having her sails abroad in a gale of wind , she is said to bear a good sail ; when a ship sails towards the shore , she is said to bear in with the land ; when a ship that was to the windwards , cometh under another ships stern , and so gives her the wind , she is said to bear under her lee ; when a ship sails into a harbour before the wind , or with the wind large , she is said to bear in with the harbour ; and on the contrary , when a ship keepeth off from any land , she is said to bear off from it ; when a sea-man will tell you how one cape or place lyeth from another , he saith it beareth off so . in hoising , i. e. pulling up of any thing a ship-board , if it catch hold of ought by the way , the sea-phrase is , bear it off ; and to bear up , and bear up round , are words used in conding , as i told you even now . but by a ships bearing , in the sence that you enquire after , is meant , that a ship having too slender or lean a quarter , will sink or swim over deep into the water , with an over light fraight , that is , burthen , and hereby cannot stow or carry but a small quantity of goods , the which , from hence is termed her burthen , so that ( generally ) a ship is said to be of so many tuns of burthen , when she will stow or carry so much in quantity of goods ; and by the bulk of a ship , is meant her whole content in her hold , into which those goods are hoysed ( that is , let in ) through the hatches . adm. what , and where are these hatches ? capt. they are those loose parts , and as it were doors of the decks which are in the mid-ship , or middle part of the ship , betwixt the main-mast and the fore-mast , and which are opened at the letting down of any goods of bulk into the hold ; and when these hatches are raised up higher than the rest of the deck , those pieces of timber or planks which raise and bear them up , are named the coamings of the hatches : in which coamings , loop-holes for musquets to shoot out at , are usually made . adm. where lies that part of the ship you named the bow ? capt. it begins at the loof and compassing ends of the stem , and ends at the stern-most end of the fore-castle . and here a bold bow is a broad bow , a lean bow , is a narrow thin bow , and the bow-piece of ordnance , is that which lies in this bow. adm. which is the loof of a ship ? capt. the loof is counted that part aloft , which lies just before the chess-trees ( which chess-trees , are two small pieces of timber with a hole in them ; the one on the one side of the ship , the other on the other ) and therefore those guns which lye there , are named the loof-pieces . but this word loof , is also a term in conding of the ship : and so loof up , is to have the steers-man to keep neerer to the wind. to loof into a harbour , is to sail into a harbour close by the wind. and to spring the loof , is , when a ship that was going large before the wind is brought close , or as the phrase is , doth clap close by the wind : and if a ship sails by a wind or quarter winds , the ordinary words of conding or direction to the steers-man are aloof , or keep your loof , or fall not off , or veer no more , or keep her too , or touch the wind , or have a care of the lee-latch ; all which words of command imply much about one and the same thing , and are to bid him at the helm to keep the ship near the wind : as on the contrary , the phrases , ease the helm , no near : bear up , are to have the ship to go more large or right before the wind. some words there are common to both these ; as the word steddy , which is to keep the ship from going in or out , that is in the sea-phrase , from making a yaws . adm. let us return again to the body of our ship. what are those timbers called the carlings ? capt. they are those which lye along the ship , from one beam to another , and they serve , not only to strengthen the ship , but upon them also those ledges do rest , on which the planks of the deck are made fast , and all these carlings have their ends let into the beams , which is termed culver-tail . but the carling knees , are those timbers which do pass thwart the ship , from her sides to the hatch-way , and they are laid betwixt the two masts : and the hatch-way , is that place which is directly perpendicular over the hatches ; so that to stand or lay any thing in the hatch-way , is to lay it so , as that the hatches cannot be come unto , nor be opened . adm. what call you the catt of a ship ? capt. it is a large piece of timber fastned aloft over the hawse , having at the one end thereof two shivers , wherein is reeved ( that is , put thorow ) a rope with a block ( which is a piece of wood with shivers in it ) and unto it is made fast a great hook of iron : and the use hereof is , to trise up the anchor from the hawse to the top of the fore-castle , where there is fastned a stopper at the anchor ( which stopper is a piece of rope spliced into it ) which serves to hitch the hook into the ring of the anchor ; and thus much for the catt it self . but those holes which are called the catt-holes in a ship , are above the gun-room port , a stern ; and thorow them , when cause requireth , the ship is heaved a stern ; by a stern-fast ( that is , by some fastnings behind the stern ) to which is brought a cable or hawser . adm. to understand this passage more fully , you are to explain , what the hawse , shivers and capstan , are . capt. so shall i my lord. first then of capstans , there are two kinds , the main-capstan , and the jeer-capstan ; the main-capstan is that piece of timber which is placed next behind the main-mast , and the foot thereof standeth in a step , on the lower deck , and the head betwixt the two upper decks . the parts of which capstan , are the foot , which is the lowest part thereof ; the spindle , which is its smallest part ; the whelps , which are like brackets set unto the body of the capstan close under the bars ; the barrel , which is the main substance or post of the whole piece ; the holes for the bars to be put into ; the bars , which are small pieces of timber whereby the men heave , and the pawl , which is a piece of iron ▪ bolted to one end of the beams of the deck , close unto the body of the capstan , but yet so , as that it hath liberty to turn about every way , and against it , the whelps of the capstan do so bear , that the capstan may be stopped from turning or reversing : and this stoppage is termed pawling of the capstan . now the main use of this capstan , is to weigh the anchors , to hoise or strike down the top-masts , to heave into the ship any ponderous thing , or to strain any rope that requireth a main force . the other capstan is called the jeer-capstan , and is placed in the same manner , betwixt the main-mast and the fore-mast ; and the use of this , is to heave upon the jeer-rope ( of which more shall be said , when we shall mention ropes in general . ) or to hold off by , when the anchor is in weighing ; and at the foot of this jeer-capstan , are likewise fitted certain whelps , but lesser than the first , which serve to heave upon the viol ( of which also , more shall be said when we come to speak of ropes . ) now the words of art belonging to this work , are , come up capstan , id est , slake the cable that they heave by ; and in the very same fence , is launce out the capstan , pawl the capstan , i. e. stop it so with the pawl that it reverse not . as for that called the step , whereinto the foot of these capstans are set , it is that piece of timber wherein the foot of any other piece of timber standing upright is fixed into ; as the masts and the like . adam . well , what are your shivers now ? capt. of these there are two sorts , the one of brass , the other of wood : the brazen ones are only in use in the heels of the top-masts ( of which heels more shall be mentioned , when the masts are mentioned . ) the wooden shivers , are either of one whole piece of wood , and used then in small pulleys or small blocks only ; or are made of quarters of wood ; let each into other , and used in the knights and winding-tackles blocks . and into these wooden shivers are put little square things of brass with a holes in them , to keep the shivers from splitting and galling by the pin of the block , and they are called the cocks . adm. what be these knights , and what are the winding-tackle-blocks ? capt. of the knights there are two , the main-knight and the fore-knight ; and they are pieces of timber where go four shivers , three for the halliards , and one for the top-ropes ( of both which we shall speak hereafter . ) and they are commonly shaped to the form and likeness of some head : the one knight standeth aft the main-mast , and the other abaft the fore-mast upon the second deck : the winding-tackles blocks , are main double blocks , with three shivers in each of them , and are fast seized to the end of a small cable , which is brought about the head of the mast . adm. which are the hawses ? capt. they are two round holes in the ship , before , under the head or beak , through which the cables pass when the ship is at an anchor : and the words of art belonging to these hawses , are , a bold hawse , which is when the hole is lofty above the water , the which is very commendable . a fresh hawse , and this is when there is a suspicion that the cable is fretted in these holes . fresking the hawse , and that is , when new pieces are laid upon the cable in the hawse . burning in the hawse , and that is , when the cable doth endure an extraordinary stress : clearing the hawse , and that is , when two cables , which are let out at the two hawses , and thorow the wending of the ship ( that is , the turning about of the ship , being at an anchor ) these cables have gotten some windings one about another ; the unwriting of them , is termed the clearing of the hawse : riding upon the hawse , and this is when any weighty substance falls across afore the hawse , or lies athwart the hawse , or when one ship rides with her stern just before the others hawse , and is near unto it . adm. what is that in a ship , which is termed the davit ? capt. it is a peice of timber in which , by a notch at the one end , is hung a block , by a strap , and this block is called the fish-block , by which is haled up the flouk of the anchor , to fasten it to the ships bow or loof : and this davit , may be shifted to either side of the ship , as occasion shall require . the ships-boat also , hath a small davit set over the head thereof with a shiver therein , into which is brought the boy-rope , wherewith to wey the anchor ; and it is made fast in the carlings , in the botes bow. adm. but what block was that which you named the fish-block ? capt. it is the peculiar block belonging to the fish , and thence takes it name . adm. what is this fish ? capt. the word fish ( when it is a ship-word ) is taken in a double sence : in this place , it is a tackle hung out at the end of the davit , by the strap of the block ; in which block is a runner with a hook at the end called the fish-hook ; the which serves to hitch ( as aforesaid ) the flouk of the anchor ; and so haling by the falls ( of which falls more shall be expressed when we come to ropes and tackles ) the flouk of the anchor is raised to the bow , or chain-wale of the ship. in the second place , this word fish , is given to any piece of timber or planck , made fast either to the mast or yard , to succour or strengthen it , when it is doubted to be too weak for the work it hath to do ; and this action , is termed the fishing of the mast or yard , and is performed first by hollowing it , for the place it is to be applied , and then nailing it on with spikes , and woulding it , that is , wrapping it hard round about with ropes . adm. where is that you call the chain-wale , and where is it ? capt. wales and benches in a ship , are all one : and they are those timbers on the ships-side , which lye outmost , and are usually trod upon when people clamber up the sides to get into the ship ; and they are distinguished , by the first , second and third bend or wale ; beginning from the water upwards : and the chain-wales , are farther and more eminently layed out in the sides of the ship , than any of the other wales are ; and they serve to spread out the shrowds ( of which more when we come to speak of ropes ) that so the shrowds may the better succour , that is , hold up the masts , and these are called the chain-wales , because the shrowds are made fast unto them by chains . adm. what are the bits in a ship ? capt. they are those two main pieces of timber , which stand pillar-wise abaft the manger in the loof of the ship , and serve to belay ( that is to fasten ) the cable when the ship rides at an anchor ; and the main timber layed a cross here is termed the cross piece , and to it is belayed the cable . capt. it is a place made with plancks , fastned upon the deck right under the hawses , being about one foot , and a half in heighth ; and the use thereof is to catch and receive the sea-water , that any way beats in at the hawses , when the ship rides at an anchor , in a great stress of weather . adm. what other blocks have you belonging to a ship besides the forementioned ? capt. the blocks belonging to ships are ( as afore-said ) those pieces of wood , which have shivers in them , wherein go the running ropes ; and of these blocks some are single , some double , and some of them , have three four , and five shivers in them ; and they are distinguished by the names of the ropes whereto they serve , of which we shall have fitter occasion to speak farther , when we treat of the general tackling belonging to a ship. adm. what is that , which is called the bittacle ? capt. it is that frame of timber that standeth in the steerage , just before him that steereth ; and it is the destinated place for the receipt of the compass , by which the ship is steered in her course . adm. describe this compass . capt. it is a moveable instrument , with a fly ; which fly is that part of the compass whereon the points or winds are described ; by which points , all sea-courses are directed ; and of these compasses there are three kinds ; the meridional compass , which is the most common one ; the compass of variation , which sheweth how much the common compass doth vary from the exact point of north and south ; and the dark compass , which is best to steer withal by candle-light , because the fly thereof hath the points described without any other colours than white and black : and the needle is that iron wire which is touched with the load-stone . adm. you have many times made mention of bolts and bolting , tell me now what they are ? capt. they are iron pins , of which there are these several sorts ; ring bolts , which serve for the bringing to of the plancks , and those parts whereto are fastned the breeches and tackles of the ordnance ; of which we shall speak more , and more fitly , when we come to make mention of the great guns belonging to ships and their appurtenances : drive-bolts , and these are used to drive out other bolts : set-bolts which are employed for the forcing of the plancks and the other works , and bringing of them close one unto anothor : rag-bolts , which are on each side full of jaggs or barbs , to keep them from flying out of the holes wherein they are driven : clench-bolts , the which for the same end , are clenched , that is made fast at the ends where they come through : fore-bolts , which are made like locks , with an eye , at each end whereinto a fore-lock of iron is driven to prevent starting out : and lastly , fender-bolts , made with long and thick heads , and are struck into the outermost bends or wales of a ship to save her sides from bruises and hurts ; and thence take their name . adm. which is that you call the gallery in a ship ? capt. it is a generally known part , and is that beautifying frame , which is made upon the stern of a ship without board , whereto there is a passage out of the captains sleeping room ▪ which is called the great cabbin ; and these galleries are indeed rather for stately shew and the captains pleasure , then any other benefit or behoof : for in ships of war , all open galleries of this kind , are discommendable rather , and to be avoided , in regard of the facility of an enemies entrance and boarding of the ship , that way . and those small pieces of wood , which in the nature of knees are used to support these galleries , as also the heads of ships are termed brackets . adm. what are those you call clamps ? capt. they are those thick timbers , which lye fore and aft , under the beams of the first orlope , and do bear them up at either end ; and are the same that the risings are to the deck . adm. which are these risings ? capt. those thick plancks , they are , which go fore and aft , on both sides under the ends of the beams and timbers of the second deck unto the third deck , half deck , and quarter-deck ; and on them the beams and timbers of the deck do bear at both ends by the ships side . adm. where is the cook-room in a ship ? for what it is the name expresseth . capt. this cook-room is variously seated in ships : in some , and generally in great ships , it is in the fore-castle , and it is in this part most tolerable , when in it there are found furnaces : in some other ships , it is seated in the hatch-way upon the first orlope ; and for ships of war ( which are termed men of war ) it is most properly there , in regard of danger by fire , and the freer use of the guns , that lye in the fore castle ; especially if this cook-room ( as some conceive ) may be contrived to be movable , and so in a fight be struck down into the hold of the ship : but for mine own part i cannot apprehend , how it can be otherwise placed , than in the fore-castle , in great ships , by reason of the multitude of men , which require necessarily the dressing of much meat , and as necessarily a large and private room to dres● it in . adm. where are your ship-ladders places , and how made ? capt. of these there are two kinds , and they are employed in two several and distinct places ; the one sort are generally used in harbours , and in fair weather abroad at sea , and hath entring ropes , hanging at them ; and this kind of ladder is made of wood. the other kind is made of ropes ladderwise , and are hung over the galleries and stern of ships , and are to enter by the stern of the ship , out of the boat , when the weather is foul , and the sea high . adm. what , and where , are those you call the fashion-pieces ? capt. they are those two timbers , which describe the breadth of the ship at the stern , and are the outermost timbers of the stern , and on each side thereof , excepting aloft , where the counter ( as aforesaid ) is counted . adm. which is that part of a ship , which may properly be stiled her floor ? capt. this floor strictly taken , is so much only of her bottom , as she doth rest upon , when she lieth on ground ; and therefore those ships , that have long , and withal , broad floors , lie on ground with most security , and are not apt to seel , ( that is to fall on the one side ) whereas the other , which are cranck by the ground ( as the sea phrase is ) that is narrow in the floor , cannot be grounded without peril , either of being overthrown , or at the least of wringing her sides : and note that the word overthrown , is used when a ship is brought to be trimmed a ground , and so by some mischance doth fall over on her side ; but when a ship at sea is turned over on the one side , she is said to be overset . adm. what is the furring of a ship ? capt. of this furning ( my lord ) there are two sorts ; the one is after a ship is built ; which is done by the laying on of doubling plancks on the sides of her ; and these are called ( in the sea phrase ) planck upon planck : the other way ( which indeed is most properly furring ) is performed by ripping of the plancks , and putting other timbers upon the first timbers , and upon them other plancks ; and this is done to make a ship bear the better sail. adm. what are gratings in a ship ? capt. they are small ledges of sawed planck layed cross one into another , like a port-cullice or the grate of a prison window or door : and those are properly so termed which lie betwixt the main-mast , and fore-mast , and serve to good defence in a close fight ; as also for the ease and coolness of the ships company , in great heat of weather : and having a tarpawling ( that is a piece of canvas all tarred ) layed over them , they keep off rains also : and the difference betwixt these and nettings is , that the nettings are made with small ropes , seized together with rope-yarn , in the form of a net ; and for the most part are only layed in the wasts of ships ( which is the part betwixt the two masts ) but these are nothing so convenient as the gratings , in regard that in a fight , they may be soon cut in pieces . adm. what is that which is the gripe of a ship ? capt. it is the compass , and withal , the sharpness of the stem under water ; and particularly towards the lower end of the stem : and the use hereof is , to make a ship keep a good wind ; and in this regard , by way of farther help this way , there is sometimes put a false stem to the true stem , thereby to make her gripe the more . but besides this , the word gripe , as it is a sea word , expresseth as much as , that a ship contrary and in spight of the helm , is apt to run her head or nose into the wind , more then she should ; and of this griping , there are commonly two causes : the one , when a ship is over deeply loaden a head ; for then by reason of the weight which presseth her down , in that part , her head is not apt to fall off from the wind : the other cause may be , the staying ( that is the setting or fastning ) of the masts of a ship : for a a short ship , drawing much vvater , if her masts be stayed too much aftward on , it will cause her head to be ever running into the vvind : and all floaty ships , are to stay all their masts aftward on very far , or else those ships , can never keep a good vvind . adm. you spake even now , of the grounding of a ship ; let me understand what the meaning of it is . capt. it is nothing else , but the bringing of a ship on ground to be trimmed ; that is , to be made clean , or to have some leak stopped or the like . adm. you speak before of vvales in general , and of the chain-wale in particular ; but what is that which is called the gun-wale ? capt. it is that piece of timber which reaches on either side of the ship , from the half deck to the fore-castle , being the uppermost bend , which finisheth the upper vvorks of the hull in that part ; and wherein they put the stanchions which support the wast-trees ; and this is called the gun-wale , whether there be guns in the ship or no : but the lower part of any port , where any ordnance are , is also termed the gun-wale : and those i called wast-trees , are those pieces of timber which lie in the wast of a ship ; and the stanchions , are those , the which pillerwise , support and strengthen the wast-trees . adm. what part of a ship is that which is termed the harpings ? capt. it is most properly taken for the breadth of a ship , at her bow , although some will have the ends of the bends , where they are fastned into the ships stem , to be also called the harpings . adm. what are those you call hooks in sea-language ? capt. the hooks of a ship , are all those forked timbers which are placed , directly upon the keel , as well in the rake , as the run of the ship : and the compassing timbers which are before , and help to fortifie and strengthen the ships-stem , and all her fore-part are called brest-hooks . adm. vvhat mean you , when you say , a ship is housed in ? capt. it is , when after a ship is past the breadth of her bearing , she is brought in too narrow to her upper works ; and this is also called pinched in , as well as housed in . adm. vvhat are those , called the kenells ? capt. they are small pieces of timber , nailed to the inside of the ship , unto which are belayed ( that is fastned ) the sheats and tacks ; of which sheats and tacks , more shall be said when the ropes and tacklings of a ship come to be described . adm. vvhat be the ledges ? capt. they are those small pieces of timber , which come thwart ships , from the vvast-trees to the roof-trees ; and they serve to bear up the nettings . adm. vvhat are these roof-trees ? capt. these roof-trees , or , as they are vulgarly called , ruff-trees ; are those timbers which go from the half-deck to the fore-castl , and serve to bear up the gratings , and ledges where the nettings are fastned ; and they are supported by stanchions : and that piece of timber is also called a ruff-tree that is used ( upon occasion ) to be layed over the half-deck , for nettings , or any sails or pieces of canvas to be layed uopn it . adm. vvhat meaning have you , when you say a ship is vvale-reared ? capt. i told your lordship even now , that when a ship is pinched in , and too narrow in her upper-work , it is termed housing in ; but ( on the contrary ) when a ship is built streight up , after she comes to her bearing , she is said to be vvale-reared ; the which though it be unsighly , and as the sea-men term it , not ship-shapen ; yet it causeth a ship to be much roomer ( that is larger ) within board ( that is within the ship ) and withal makes her a holsom ship in the sea , especially if her bearing , be well layed out . adm. vvhat mean you by holsome in the sea ? capt. in ship-phrase , a ship is said to be holsom at sea , when she will hull , try , and ride well , without rouling , or labouring in the sea. adm. vvhat hulling was , you told me before ; but what mean you here , by trying , riding well , and labouring in the sea ? capt. a ship is said to try , when she hath no more sails abroad , but her main sail ; the tacks close aboard ; the bowlings set up ; the sheats close aft ; and the helm tied down close to the board ( of all which phrases , we shall make explanation hereafter , when we come to treat of sails and ropes ) and so to let her lie in the sea : and when it blows so much wind , as they cannot maintain ( that is bear out ) the main-sail ; then they will make her try , with the missen-sail only . a ship is said to ride , when her anchors hold her so fast , as that she drives not away with the tide or wind ; for though she must needs shear ( that is wave too and again ) from one side to the other ; yet if her anchors hold fast , and come not home ( as the sea-word is ) she is said to ride : now to ride well , is not only when the ship is made fast by her anchors , in a good rode ( that is in a place where neither the sea , nor wind hath much power over the ship ) and when she doth not strain ( that is stretch ) her cables over hard : but also a ship is said to ride well , when she is so built , as that in riding , she doth not so over-beat her self into a head-sea , as that the waves over-rake her ( that is wash her ) from stem to stern : and a ship doth ride at most ease , and in most security , when she hath two cables spliced together ( and this is termed a shot and to ride by a shot ) and the reason hereof is , that the length of the shot , doth allow her more liberty to play and rise upon the sea than otherwise she could have , if she rode with single cables ; and besides the shot , by reason of its length , is so weighty , as that the ship cannot much strain it : as for the sea-phrases used in a ships riding , they are these : to ride across , that is , to ride with the main-yards and fore-yards hoisted up to the ●●●nds , and both yards and arms topped alike : to ride a peek ; and that is to ride with the one end of the yards peeked up , and the other end hanging down : although it is true also , that when the ship in weighing of her anchor , is brought directly over the anchor , it is termed riding a peek : to ride hawsefull , is when the ship in a stress of weather , falls so deep into the sea , with her head , that the water breaks into her hawses : to ride a-thwart , is to ride with the ships side upon the tide : to ride betwixt wind and tide , is , when the wind hath equal force over her , one way , and the tide the other way : to ride wind-rode , is when the wind hath more power over her in her riding than the tide hath : to ride portise , is , when the yards are struck upon the deck . and all these are sea-terms , belonging to the fashions and several ways of a ships riding at an anchor : the which your lordship shall find farther and more perspicuously explained , when we come to speak at large , of anchors , sayls , masts , yards , and their appurtenances . and as for the phrase , of labouring in the sea , it is no more , then to say , ( in foul and stormy weather , when the sea goeth high ) that a ship doth roul , tumble , and is very unsteddy . adm. you have spoken fully to this phrase of riding ; but what are those you call the riders in a ship ? capt. they are these great timbers , some in the hold , others aloft , which are bolted on upon the other timbers , to fortifie and strengthen them when it is found that the ship is but weakly builded : the which howsoever they are of necessary use this way , yet do they always straiten the hold of the ship , so that it cannot contain much stowage of goods . adm. what call you lockers , and where are they found in a ship ? capt. they are in the nature of boxes , and made by the ship sides ; and when they are placed by the guns , they are employed for the most part , to put the shot into them , that are to be used for those guns ; although ( it is well observed ) that in a fight , it is dangerous to lodge the shot in that fashion , lest an enemies shot should fall among them , and produce a great deal of spoil ; and therefore it is rather held fit that these shot , should lye in the quoyle ( that is ring ) of some cable or great hawser ; the which being close upon the deck cannot procure the like mischief . adm. what call you the out-licker ? capt. it is not much used in great ships , or men of war , and whensoever it is used , it is by reason that the missen-mast is placed so far aft , that there is not room enough within board to hale down the sheat flat ; and therefore they use this , without board : now it is a small piece of timber , . or . . yards long ( as occasion requires ) made fast to the top of the poop , and so stands right out a-stern , at the outwardmost end whereof , there is a hole , into which the standing part of the sheat , is reeved and made fast , thorough the block of the sheat ; and then again reeved through another block , which is seized to this piece of timber , hard by the end thereof . adm. how is this term , man of war , taken in your sea language ? capt. it is taken , my lord , for a ship of war. adm. what requirable parts are there in a ship of war more than in other ships ? capt. this will require a dialogue by it self , and ( if it please you ) shall be reserved until then . adm. let it be so ; and go on with the parts of a ships hull for the present ; and in particular tell me , what are those parts you term the partners ? capt. they are those bolted to the beams , which do compass and shut in the masts at the deck ; and are indeed the strength that keep up the mast steddy in the step ; and also keep it , from rowling , ( that is falling ) over the ships sides . there are also of these partners at the second deck , to the same end ; only the missen-mast , hath only one pair of partners , in which that mast is wedged so firm , as that it cannot by any means budge ; true is that some ships sail not well , unless their mast be loose , and have leave to play ( as the sea-term is ) in the partners , but in a storm , this is very dangerous , for fear of wronging ( that is forcing ) of the partners ; the which if they should give way , there were no other remedy but to cut the mast by the board . adm. which call you the pillow ? capt. it is that timber whereon the bolt-spright beareth and resteth upon , at its coming out of the hull of the ship aloft , close by the stem ; and it is called the pillow of the bolt-spright ; of which bolt-spright , we shall speak , when we speak of masts in general . adm. what be the ports in a ship ? capt. this word port , when used in conding of a ship ( as i formerly touched ) is in use , when the ship sails right before a wind , or if the weather sheat be aft , as far as the bulk-head , and then the conder saith , steddy a port , that is , put the helm to the larboard ; a ship also is said to heel a port , when she inclineth to the left hand , and swims not upright ; and to bring any thing a port , is to carry it to the left side of the ship. but the word port in a ship , as here , signifies those square holes in a ship , through which her great guns are thrust out . adm. what , and which are the ranges ? capt. of these there are two ; the one is aloft upon the fore-castle , a little abaft the fore-mast ; the other in the beak-head , before the wouldings of the bolt-sprit : that in the fore-castle , is a small piece of timber , which goeth over from one side to the other , and is fastned there to the timbers , and hath two knees about the middle , on either side of the fore-mast , fastned to the deck , and the timber , in which run the top-sail sheats in a shiver , and it hath divers wooden pins through it , to belay the ropes thereunto : as for the other in the beak-head , it is in the same form with the former , and as the former hath the fore-tacks , the fore top-sails sheats , the fore-bowling , and the fore-loof-hook belayed unto it ; so this hath the sprit-sail , and the ropes belonging unto it , and also the sprit-sail top-sail ; of all which more fully when we come to ropes and sails . adm. what are those , that are termed ribbs ? capt. by the resemblance , that the timbers of the futtocks ( when the planks are off ) carry to the ribbs of a dead carcass , those timbers in general , are called the ribbs of the ship , though particularly they have also other names ; so that if two ships by lying aboard one another in a sea-gate ( that is a billow , or wave ) have thereby any of those timbers broken , the sea-word is , that she hath some of her ribbs broken : and those little long wooden pieces , which are made with holes like the comb under the beak-head , and do belong to the parrels of the yards , are called the ribbs of the parrels ; of which parrells more hereafter . adm. what are scuttles in ships ? capt. they are square holes , capable for the body of a man of pass through , at any hatch , way , or part of the deck , into any room below : and they are generally in these places ; before the main-mast , before the knight in the fore-castle ; in the gun-room , to go down to the stern-sheats ; in the masters roundhouse , to go down into the captains cabin when they are forced from the fight aloft , and generally in any other place , where there is to be a thorough passage from one deck to another . and besides these greater scuttles , there are other small ones , with gratings , which are over the ordnance , and serve to give vent to the smoak of the ordnance , in a hot fight : those little windows and long holes which are cut out in cabbins , to let in light , are also called scuttles , and these scuttles , i mean the great ones , have covers fitted for them , lest people should at unawares fall into them in the night time . adm. what mean you by the sea-word , settle a deck ? capt. when occasion requires to lay a deck lower then it was at the first , it is termed settling of the deck ; as in many cases it may fall out , and then it is easier to settle the lowermost , then to raise the uppermost ; only care is to be had , that by this settling of the deck , the guns which lye upon that deck , be not brought too near the water , which is a main fault in many men of war. adm. what is the sheathing of a ship ? capt. it is as it were a casing of her ; and this may be done , more ways then one ; but the surest known to us , and in use with us ; ( as i conceive ) is when it is done with thin boards , having hair and tar layed betwixt the casing ; that is , betwixt the old sides , and these new thin boards : and this sheathing is in that part of the ship which swims under water ; and the use thereof is to keep the worms from eating thorough the planks ; as generally in all places to the southward they are found to do . adm. what is that , which is named the skegg ? capt. it is that small and slender part of the keel , which is cut slenting , and left a little without the stern-post ; but these skeggs are not much used at the present ; for first they are apt to snap off , and so may also endanger the stern-post it self . secondly , they have been found in a river or harbour , if any other ships ride near unto them , to catch one the others cables betwixt them and the rudder . and thirdly , when a ship is under sail , these skeggs cause much dead water betwixt them and the rudder , and so both hinder her steerrage and her way . and therefore the use now is to hang the rudder down close to the stern-post , with the bottom thereof as low as the bottom of the keel , only paring away a little thereof towards the aftermost sides thereof . adm. what mean you by the word strake ? capt. it is term for a seam betwixt two planks ; as the garboard strake ( as aforesaid ) is the first seam next the keel ; also they will say the ship heels a strake , that is , inclines or hangs to the one side more than unto another , to the quantity of a planks breadth . adm. what is a ships stirrup ? capt. when by any mischance , a ship hath beaten off some piece of her keel , which cannot conveniently be come unto to be mended , they are then constrained to patch a new piece unto that part ; and this they bind with an iron , which comes under the keel , and so upon either side of the ship , where it is nailed very strongly with speeks , and this piece thus fastned to the keel is termed a stirrup . adm. what signifiet the trim of a ship ? capt. most commonly by the trim of a ship , is understood the swimming of her , either with her head deep in the water , or her stern deep , or upon an even keel ( that is , upright ) now in which of these postures a ship saileth best , that is called her trim ; but this is not accounted her trim alone , for some ships are sound to sail well or ill after the manner of the staying of the masts , and the slackness of her shrouds , and the like . and therefore to speak properly , the true trim of a ship , is that posture , or that ballasting of her , which most fitly conduceth to her good sailing . and the way of finding this trim , is when sailing in company of another ship , you one while , for so many glasses or hours , cause your people , or some weight to be brought to your ships head , and another while , for the like space of time , do the like at her stern , and then the like on an even keel , and thereafter to make the same tryals by the easing of her stays , or the setting them up , and by the wedging of her masts , and the unwedging of them , and the like experiments ; and in which soever of these you shall find , that she makes her way best , that is truly to be held her best trim , and accordingly she is to be held unto it . adm. what is that which you most properly call the ballast of a ship ? capt. the ballast is whatsoever is laid into the hold of the ship , being next to the keelson ; and it is used to keep the ship stiff in the sea , for the better bearing of sail ; and in this case , the words of art are , to trench the ballast , that is , to divide it into two several parts , or more in the hold : the ballast is shot , that is , it is run from the one side to the other . and when a ship hath not ballast sufficient to keep her stiff enough to bear sail , she is said to be walt. adm. which are those you term the wast-cloaths ? capt. by a general appellation , all the cloaths which are hung about the cage-wrock ( that is , the very uppermost works of a ships hull ) are called wast-cloaths ; and the use of them , is to shadow the men from the enemy in a fight ; and thence they are also called fights . adm. when is a ship said to be water-born ? capt. a ship is said to be water-born , when she is even and just with the ground , and so begins to flote . adm. what is the water-line of a ship ? capt. it is that line , the which ( ship-wrights say ) is to be the depth that the ship should swim in when she is duly laden , both a head and a stern . adm. which call you the water-way ? capt. it is that small piece or ledge of timber which lieth fore and aft on the ships deck , close by the sides ; and it is to keep the water from running down there . adm. what is the windlass in a ship ? capt. a windlass is only used in small ships , and in the flemish ships , which are slightly manned ; and it is a piece of timber , having some six or eight squares , and is fixed abaft the stem aloft , where the cables come in from the one side of the ship to the other : and this windlass will purchase ( that is , force or draw up ) more by much than any capstan , in the weighing of an anchor , and that without any danger to the men that heave ( that is , that are employed to weigh the anchor ; and the reason is , because with this windlass , they heave about with handspikes , ( that is , a wooden lever used most commonly in the removing of any ponderous thing ) put into the holes , which are made at either end thereof ; of which , though one should chance to fail , yet the windlass would pawl of it self , and so avoid all farther danger . adm. what call you wood and wood ? capt. this is when two timbers are let each into each other so close , that the wood of the one doth joyn close to the other . and thus my lord , i have described unto you according to your command , and the best of my memory , and whatsoever i could find to help my memory ; all the parts and appurtenances belonging meerly to the hull of a ship , together with some words of our art , casually falling out in that our way , i shall proceed now ( if you be not already wearied ) without gibberage , to speak of the masts , top-masts , and top-gallant masts that belong to a ship of war ; with their yards and the appurtenances belonging unto them ; and hereafter of the ropes , tacklings and sails which belong to these masts and yards . adm. i pray do so captain , and i heartily thank you . capt. i shall begin then with the main-mast of a ship , the which is generally known to be that which is raised up , and standeth upright in the midst or waste of the ship , and it is well and fitly termed the main-mast , as well in respect of the length as breadth . the second mast , in respect of height and eminency , is that called the fore-mast ; and this is seated in the fore-part or fore-castle of the ship. the third mast of those , which are placed perpendicular and upright , is that named the missen-mast , and this standeth in the stern or sternmost part of the ship ; and some great ships there are , which require two missen-masts , and then that which is next the main-mast , is termed the main-missen ; and the other , which stands next the poop , the bonaventure missen . a fourth mast there is , called the boltsprit , and this is that mast which stands formost in the head of the ship , but stands not so directly upright as the other , but sloaping-wise and pointing forward . now of these four masts , all of them have their top-masts , which are masts made fast and setled unto their heads above , and two of them , which are the main-mast and fore-mast have also their top-gallant-masts , which are small masts setled unto the heads of their top-masts , and upon the heads of these top-gallant-masts are set up the flag-staves , which serve to let fly ( that is , to shew abroad ) the flags . adm. what is that you term the cap ? capt. the cap is that square piece of timber put over the head ( that is , the uppermost end of any mast ) and it hath a round hole to receive the mast ; by which caps , the top-masts and top-gallant-masts are kept steddy and firm , and those cross pieces of timber set on the heads of the masts , which are bolted and let one into another , are generally termed the cross-trees , though in more strictness , those two main pieces of timber which pass across the ship , are more properly so to be termed , and the other tressel-trees ; and their use is to firm the top-masts , whose feet are fastned in them , as the feet of the lower masts are fastned into the steps ; which steps we have formerly mentioned . adm. you spake formerly of the partners also , the which you said , were those timbers which were bolted into the beams , which did compass and shut in the masts at the deck of the ship ; but what are those which you call the parrels ? capt. these are those frames made of trucks , and ribbs , and ropes , the which going round about the masts , have both their ends made fast unto the yards , and are so contrived , that by them the yards may slide up and down upon the masts ; and these , together with the brest-ropes ( which are those ropes which fasten the parrels to the yards ) do hold the yards fast to the masts . adm. what are the cheeks ? capt. they are two pieces of timber fitted on each side of the mast , from beneath the hounds , to the upper end of the mast ; and they serve to strengthen the mast thereabouts , and in these are those hounds made , wherein the ties do run ; as also those knees which fasten the beak-head to the bows of the ship , are called cheeks ; the sides likewise of any block have the same name ; as also the sides of a ship carriage for great guns . adm. which are the hounds ? capt. they are those holes in the cheeks whereby they are fastned to the heads of the masts , and wherein the ties do run that hoise the sails . adm. what are these ties ? capt. they are the ropes by which the yards do hang , and they carry up the yards when the halliards are strained to hoise the yard . adm. describe these yards . capt. every mast hath its yard , and they are those long pieces which are somewhat smaller towards the ends , and go cross-wise upon these masts , and are hoised ( that is , carried ) up and down upon the masts , as cause requireth ; and these yards have the sails of the ship made fast unto them , and they have their names according to the masts that they are fitted unto ; and so likewise have the sails that belong to these yards ; the which sails ( as all know ) are those large pieces of doubled canvas , the which catching the wind , give way to the ship ; and they are cut in fashion and proportion , accordingly as the masts and yards are in length and breadth one unto another , excepting the missen-sail , which is cut by the leetch twice as deep as that mast is long , from the deck to the hounds , and the sprit-sail , which is about the fourth part as deep as the fore-sail , or rather ● / as that fore-sail . adm. what is that you term the leetch ? capt. it is the outward side , or out-skirt of the sail , from the earing to the clew , and in more particular , it is the middle of the sail between both these , and is termed the leetch of the sail. adm. which is the earing ? capt. the earing , is that piece of the bolt-rope ( which is that rope wherein the sail is sowed ) the which , at all the four corners of the sail is left open , being round in the form of a ring ; and of these four earings , the two uppermost are put over the ends of the yards or yard-arms ( as they are termed ) and by them , the sail is at those two ends made fast to the yard , and into the two lowermost earings are seized the tacks and sheats , the which in sea-phrase , is to say , they are bent unto the clew . adm. which call you the clew ? capt. the clew of a sail , is that lower corner of it which reacheth down to that part where the tackles and sheats are made fast to the sail ( of which tackles and sheats farther shall be said , when we come to speak of a ships rigging in general ) so that when a sail is made goring ( that is , when it comes sloaping off by degrees , and is broader at the clew than the earing ) it is then said to have a great clew , and so on the contrary ; and when a sail is cut into a perfect square , though it then hath no clew at all , yet that lower end of the sail doth still retain the name of the clew of the sail ; so that a ship is said to spread a great clew when she hath an extraordinary long yard , and so hath much canvass in her sail. adm. what is that piece of a yard which you term a cleat ? capt. it is that wedge of wood which is fastned upon the yard , to keep any of the ropes from slipping off the yard , in any of those parts where these cleats are . adm. which be the coats of the masts ? capt. they are those pieces of tarred canvass which are put about the masts at the partners ; and they are likewise put about the pumps at the decks , that no water may pass down that way , and these are also used at the rudders head . adm. which be the gromets ? capt. they are small rings made fast to the upper side of the yard , with staples driven into the yard , and are of no other use but to tie and make fast the laskets thereinto . adm. which be these laskets ? cap. these laskets , or rather latches , are small lines sown into the bonnets and drablers in the fashion of loops ; and with these the bonnets are laced unto the courses ( for so are the sails called when they are without their bonnets ) and by the very same are the draplers laced unto the bonnets ? adm. what are these bonnets and drablers ? capt. the bonnet is an addition of a piece of a sail , so that when sea-men say , that the ship hath her course and bonnet abroad ; the meaning is , that she hath that piece of sail added unto her course which before she had not , or ordinarily hath not ; and the words of art belonging to this particular , are , lace on the bonnet , that is , fasten it on the course ; shake off the bonnet , that is , take it off . and as the bonnet is to the course , so in all respects is the drabler to the bonnet , and it is only in use , when the course and the bonnet are too shallow to cloath the mast . adm. what are your bolt-ropes and their appurtenances ? capt. of the bolt-ropes i spake even now ; the appurtenances to the bolt-ropes are the crengles , which are small ropes spliced unto the bolt-ropes of the sails belonging to the main and fore-mast , unto which the bowling-bridles are made fast ; and they are also to hold by when the bonnet is shaken off . adm. what are these bowlings , and bowling-bridle ? capt. it is a rope fastned to the leetch of the sails : and it is fastned to , , or parts of the sail , which is called the bowling bridle ; only the missen bowling is fastned to the lower end of the yard : and the words of art here , are , sharp the main bowlings ; hale up the bowling ; set taught the bowling : and all these sea phrases are used , when the bowling is to be pulled up harder ; or more properly , when it is to be haled forwards on : and on the contrary ; to ease the bowling ; to check or run up the bowling , is to let it out more slack . adm. what other appurtenances have you to the bolt-ropes ? capt. they are the bunt-lines , which are made fast to the bottom of the sails , in the middle part of the bolt-ropes , unto a crengle , and so reeved through a small block , seized to the yard : and the use of them is , to trise up the bunt of the sayl ; that so it may be fathedled ( that is made up . ) adm. what call you a jury-mast ? capt. when by extremity of any tempest or storm , either the fore-mast , or main-mast is blown over the board ( that is broken or blown down ) then they take either the main or fore-yard , and putting any one of them into the step of the broken mast , and withal fastning it unto the partners ; and fitting a missen-yard or the like thereunto ; they order it with sails and ropes , into the form of the ruined mast ; and so make a poor shift to steer and govern the ship. and this they term a jury-mast . adm. when is a mast said to be cloathed ? capt. when her sail reacheth to the gratings or hatches . adm. by the way here tell me i pray you , the sea significations of the word steer , and the ways of directions belonging thereunto . capt. to steer , is , in general , to govern the ship with the helm : and the ship is steered at the best , when it is most kept from yawing in and out : as also , when he that steereth practiseth the least motion , in putting the helm too and again . and there are three kinds of directions to steer by : the one in steering by the land ; and that is when being within perfect ken ( that is sight ) of any shore , he that steereth , viewing some mark on the shore , guideth the ship even with that part . the second is to steer by the compass ; and this is to guide the ships head , upon such points of the compass as best lead to the appointed place or port. the third kind is , to steer as one is conded ; of which we have formerly spoken , with the words of art belonging to steerage in general . adm. let us now then return to the parts of masts again , and tell me what is that you term a paunch ? capt. those matts of sinnet , which are made fast to the main and fore-yards , to save them from gauling against the masts , are termed paunches . adm. what is this sinnet ? capt. it is a line or a string , made of rope-yarn ; and is generally of two , six , or nine strings , divided into three parts , and platted one over another , and so is beaten small and flat with a mallet of wood : and the main use hereof , is to serve ropes in general . adm. how is this serving of ropes ? capt. to serve any rope , is to lay either sinnet or spun-yarn , or rope-yarn , or any piece of canvas , or the like , upon a rope ; and there to roul it fast round about the rope , and so to preserve it from gauling , in any suspected part . adm. what be these spun-yarns , and rope-yarns ? capt. the rope-yarns are the yarns of any ropes untwisted ; but most commonly , they are made of the ends of cables half worn , ( which are called the juncks of cables ) and these serve for many uses aboard ships ; as to serve small ropes , or to make sinnets , matts , and the like ; as also to make knetles ( which are two of these yarns together untwisted ) and to make caburns ( which are lines to bind cables withal . they serve likewise to make up the sails to the yard-arms . as for the spun-yarns , they are a kind of rope-yarns , whose ends are scraped or beaten thin , and so are into the others end , and so made as long as occasion doth require . adm. what is meant by the spending of a yard or mast ? capt. when a mast , or yard is broken down by foul weather , or any other accident , the sea-word is , the mast or yard is spent : but if this come , by any shot from an enemy in a fight , then the word is , that the mast or yard is shot by the board . adm. what is it , to spring a mast ? capt. when a mast , is only crackt , and not quite broken , in any part whatsoever , as at the hounds , partners , or else where , then the sea-saying is , the mast is sprung . adm. what mean you , by the slinging of the yards ? capt. this word sling , is variously used in sea-business : for there are slings to hoyse up cask , or any other pondrous thing : and these are made of rope spliced into its self at either end , and making an eye there as large as shall be found capable to receive the cask or the pack into it . another kind of slings there are , which are made longer , with a small eye , at either end : and the one eye is put over the breech of a great piece , and the other cometh over the end of a crow of iron , which crow , is put into the mouth of the piece ; by which means , the gun is weyed and hoysed at pleasure . the third sorts of slings , is that which is here mentioned in the slinging of the yards : and this is done by any rope or chain , wherewith the yards are fast bound aloft to the cross-tree , and to the head of the mast : and this is done , that if the tye should chance to break , or be shot into pieces in a fight , that nevertheless , the yard should be preserved from a falling down upon the hatches . adm. have you not a yard , called the cross-jack ? capt. yes my lord ; and it is a small yard , at the upper end of the missen-mast , under the top there ; and it is there slung , having neither halliards , nor tyes belonging unto it . and the use thereof is , to spread and hale out the missen top-sail-sheats . adm. what call you the bunt of a sail ? capt. the bunt is to a sail , as the cod to a net , being the very pouch , or bag of the sail ; and therefore all sails have this bunt , the better to catch and keep the wind : and the words of art belonging to this part , is ; the bunt holds much leeward wind ; that is , that this bunt hangs too much to the leewards . adm. what implies the word leewards ? capt. of the sea-word lee , somewhat hath been said already ; and it is a word diversly taken in the sea-language : generally by the word lee , is meant that part , which is opposite to the wind ; as the lee-shore is the shore which the wind blows upon ; and to be under the lee of the shore , is to be close under the weather-shore , and that is under the wind. to alee the helm , is to put the helm to the lee-side of the ship. what the lee-latch is , hath formerly been said : a leeward ship , is a ship not fast by a wind , that is , doth not sail so near the wind , or doth not make her way so good , as she might . to come by the lee , or to lay a ship by the lee , is to bring her so , as that all her sails , may lye flat against the masts and shrowds , and the wind to come right on her broad side : and the way of the bringing of a ship by the lee , is ( if all her sails be abroad ) to bear up the helm hard to the wind-wards , and to let rise the fore-tack , and veer the main-sheat , and take in the missen-mast ; or at the least , peek it up ; which peeking up , is called spelling the missen . adm. what doth this word veer signifie in your sea-sayings ? capt. to veer out a rope , is to put it out by hand , or to let it run out of its self : as veer more cable , that is , let more of it run out : so that the word veer is generally used for the letting out of more of a rope ; and especially of any of those ropes , which are used without board , that is , without the ship ; as of the boat-rope , log-line ( whereof more anon ) or of any other rope , whereby any thing is towed . but this word veer , is not used to any running rope , save only of the sheats , as here of the main-sheat : and then they say , veer out more sheat , that is , put out more of it . this word veer is also used , when the wind changeth often , sometimes to one point , and sometimes to another , and that suddenly , as in storms ; and then they say , the wind veereth . also when a ship being under sail , with the sheat veered out ; they say she goes loft veering , that is at large ; for then she goeth neither by a wind , nor before the wind , but as it were betwixt two ; the which also is termed quartering . and this word quartering is also used when a peice of ordnance may so be traversed , that it will shoot in the same line or on the same point of the compass , as the ships quarter beareth : when a ship sails also with quarter winds , it is said that she goes quartering . and thus my lord , having done , ( as far as i can find or call to mind ) with the masts , yards and sails , belonging unto a ship of war : we will now proceed ( if it please you ) to speak of the riggings of a ship in general , and of the ropes that belong unto her , in particular . adm. i pray do so captain , and i shall be a diligent and thankful auditor . capt. in the first place , it will be fit to speak somewhat of the sea-word rigging it self , that by the explanation thereof the rest ensuing may be the better apprehended . by the rigging therefore of a ship , is to be understood all her ropes whatsoever , that belong to her masts , yards , or any part about her ; although in more particular we say sometimes , that her masts , or her yards are rigged , when she is furnished with all the ropes belonging unto them only . and a ship in general is said to be well rigged , when the ropes belonging unto her , are of a fit size ; as also when her universary ropes , as her two main shrowds , tackles , crow-feet , and the rest , are all put up : and a ship is said to be over-rigged , when her ropes , are too big for her ; the which is a great wronging to a ships sailing , because a small over-weight aloft hinders more that way , then a far greater below ; for it makes a ship apter to heel ; ( that is reel or lye on the one side ) and holds her wind-taught . as for the word ropes , it in general comprehendeth all the cordage belonging to a ship , as her very cable is called a good or a bad rope ; and so a hawser , and the like , although more particularly , there are some ropes , to which this appellation is given unto in especial ; as the entring rope , which is that which hangs at the ladder ; a top rope , which are those ropes that belong to the top ; the bolt-rope , of which is spoken already ; the buoy-rope , of which more shall be said hereafter ; the guest rope ; the keel-rope , of which you have heard ; the bucket-rope , which is that which is made fast to the bucket to draw up water ; the rudder-rope , which is a rope or strap reeved into a hole of the rudder near the head , and so likewise thorough the stern-post , and both the ends thereof are spliced together , and it serveth to save the rudder , if it should chance to be beaten off , when the ships strikes on ground by any mischance : and lastly the preventer-rope , which is a small rope seized cross over the ties , close at the ram-head ; so that if any one part of the tie should break , yet the remainder should not run thorough the ram-head , to endanger the yard . adm. to understand this passage the more fully , you must explain the sea-terms , wind-taught , and that called the ram-head . capt. the ram-head , is a great block with three shivers in it , into which are put the halliards , and at the head thereof the ties are reeved into a hole : and this block doth only belong to the main and fore-hallyards . adm. well , what is wind-taught ? capt. any thing holding ( that is , catching ) the wind aloft is termed wind-taught ; and so too much rigging , all high ropes , and the like , is said to hold the ship wind-taught , that is , is apt to make her stoop too much in her sailing in a stiff gale of wind. likewise when a ship rides in any main stress , the yards are brought alongst the ship ; and the top-masts are struck down , because they hold much wind , and so are said to be wind-taught ; so that taught in the sea-tongue , is as much as stiff , as if one should say the top-mast and their yards , are stiff in the wind. adm. you named the halliards even now ; what are these ? capt. they are those ropes by which all the yards are hoised , save the cross-jack , and the sprit-sail yard , which have no halliards , because they are ever slung ; only in small craft they have halliards to the sprit-sail yard . adm. what mean you by small craft ? capt. this word craft used as a sea-word , signifieth , not only , all such lines , nets , and hooks , as serve to catch fish ; but all small vessels , as catches , hoys , craies and the like , are termed small craft . adm. you have satisfied me : proceed to explain the proper and particular names of your ropes , as the shrowds , sheats , tacks , and the rest of them . capt. the shrowds of a ship , are those ▪ ropes which come from either sides of all the masts : and the missen , the main-mast , and fore-mast shrowds , have at their lower ends , dead mens-eyes ( which are a kind of small blocks , wherein are many holes , but no shivers ; and in them , the small ropes , called the lamiers , do run which fasten the shrowds to the chains ) and these are set-taught by the lamiers to the chains ( which are made fast on the ship sides ) and these also have dead-mens eyes in them : and these shrowds , at their other ends , are fastned over the head of the mast ; their pendants , fore-tackle , and swifters , being first put under them ; and at this uppermost part , they are served , to preserve them from gauling against the mast . the top-mast shrowds likewise are , in the same manner made fast , with dead-mens eies , and lamiers unto the puttocks , and those plates of iron , which there serve to that purpose . and the peculiar words of art , belonging to these shrowds are , ease the shrowds , that is , slaken them ; set-taught the shrowds , that is , set them stiffer . adm. what are those pendants , you spake of ? capt. this word pendant , when it is a sea-word , is used in a twofold sence : for those long streamers , which are hung out at the yard arms , and sometimes at the heads of the masts , for a show and gallantry , or to distinguish squadrons , are named pendants ; ( and of these we shall have occasion to speak farther hereafter ) but by the name pendant in this place , is to be understood that short rope , which is made fast at the one end thereof , either to the head of the mast , or to the yard , or to the clew of a sail ; and it is in bigness according to the place where it is used ; and having at the other end a block with a shiver , to reeve some running rope thereinto : as for example the pendant of the tackle is made fast to the head of the masts , that is , at the tops of the masts ; and the pendants to the back-stays , are made fast , and do hang down , on the inside of the shrowds . and indeed all the yards arms , excepting the missen have of these pendants , into which the brases are reeved , and by them they are easily distinguished . adm. what are those you call tackles ? capt. they are small ropes , which run in three parts , having either a pendant with a block fastned unto them , or a lamier ; and at the other end a block and a hook , to catch hold ; and so heave in goods and ponderous things into the ship : and of these tackles , there are divers sorts ; as the boats-tackles , which stand the one on the main-masts shrowds , and the other on the fore-mast shrowds , and serve to hoise in the boat ; and withal for● sundry other uses : as also the tackles which belong to the masts , which serve in the nature of shrowds to keep the masts from straining : as likewise the gunners tackles , with which the ordnance are haled in and out : and lastly ; there is a winding tackle of which we spake before . and that part of the rope of a tackle which is haled upon , is called the fall ; but that end thereof , whereunto the block is seized , is named the standing part . true indeed that the word fall , is also used in some other acceptations , as a ship is said to fall off , when being under sail , she keepeth not so near the wind as is appointed : and when a ship is said to have a fall , or many falls , it is meant by some risings or layings up of some parts of her decks , higher or lower , then some other of the parts , and is quite contrary to that which is called flush . adm. which term you the swifters ? capt. they belong to the main , and fore-masts , and serve to succour ( that is relieve or strengthen ) the shrowds , and to keep stiff the masts ; and they have their pendants made fast under the shrowds at the head of the masts , with a double block thorough which is reeved the swifter ; the which at the standing part , hath a single block with a hook , which is hitched in a ring by the chain-wale ; and so being haled , doth help to strengthen the masts . but the word swifting in sea-language , is used , when ships are either brought on ground , or brought to a careen ; for then they use to swift the masts , and so to ease and strengthen them : and this is done by laying fast all the pendants of the swifters and tackles with a rope , close unto the mast , and as near unto the blocks as may be ; and then , to carry forwards the tackles , and so to bowse them down , ( that is , to hale them down ) as hard and taught , as is possible : and the sea-word of command , is here , hoe , bowse men ; for the haleing upon a tack , is termed the bowsing upon the tack ; and this is done not only to ease the mast , but likewise to help to keep it from rising out of the step. adm. what is the sea-sence of the word ease ? capt. this word is used at sea , in the same sence , as the word slack ashore ; for when sea-men would have any rope slacked , they say ease it , as ease the bowlings , or ease the sheats , &c. only when the tack is to be slackned , the proper phrase , is rise the tack . adm. what is this tack ? capt. the tacks are great ropes , having a wale-knot at one end , which is seized into the clew of the sail , and so is reeved first through the chess-trees , and it comes in at a hole in the ships side ; and the use thereof is , to carry forwards the clew of the sail , and to make it stand close by a wind ; and then the sails are thus trimmed , the main tack , fore-tack , and missen-tack , are brought close by the board , and over-haled as forward on as may be : the bowlings are the like on the weather side : the lee-sheats are haled close aft , but the lee-sheat of the fore-sail , not so close as the other , unless the ship gripe : the lee-braces of all the yards are braced aft ; and the top-sails are braced , and governed as the sails whereto they belong : and hence it is , that the sea-phrases are ; the ship stands or sails close upon a tack , that is , close by a wind : hale aboard the tack , that is , bring it down close unto the chess-trees : ease the tack , that is , let it go or run out ; now these tacks are belayed to the bitts , or else there is a chevil which belongs to the tacks , and these tacks belong only to the main-sail , fore-sail , and missen , and they are ever made tapering . adm. before you proceed any farther , tell me , what a wale-knot is , and tapering , which you mentioned in this last section . capt. there are two sorts of knots used at sea , the one is a bowling knot , which is so made , that it will not slip , nor slide ; with this knot the bowling-bridles foremontioned , are made fast to the crengles ; and it is used also in many other occasions : the other is the wale-knot , which is a round knot or knob , made with three strands of a rope , so that it cannot slip ; and with these wale-knots , the tacks , the top-sail-sheats , and the stoppers are made fast , and some other ropes beside . as for tapering , it is when any rope or any thing else is much bigger at the one end , then at the other , as the tackles are made tapering , which make them to purchase the better , and withal saveth a great deal of stuff , because the rope at one end bears little or no stress ; and in the same sense , a gun is said to be taper-bored , when the bore is wider at the mouth than towards the breech . adm. you spake not long ago , of a piece of rigging , called the puttocks ; shew me what these are , and where they are placed . capt. they are those small shrowds , which go from the shrowds of the main-mast , and fore-mast , and missen-mast , and also to the top-mast shrowds ; and if the top-mast , have top-gallant tops , they are to go from off those shrowds in those tops ; for otherwise , when the shrowds come near unto the masts , they fall so much inward , that people could not get into the tops ; that is , into the caps of the masts ; and therefore these puttocks are at the bottom seized to a staff , there made fast to the shrowds , or to some other rope , which is seized to a plat of iron , or to a dead-mans eye ; to which the lamiers of the fore-masts shrowds do come . adm. what mean you by the back-stays formerly mentioned ? capt. all masts , top-masts , and flag staves have stays , except only the sprit-sail top-mast : the stay to the main mast , which is called the main-stay , is made fast by a lamier to a collar , which comes about to a knee belonging to the head . the main-top-mast stay , is made fast into the head of the fore-mast by a strap , and a dead-mans eye : the main-top-gallant mast , is in like manner made fast to the head of the fore-top-mast , and the fore-top-mast , with the masts belonging to it , are in the very same manner stayed at the bolt-sprit , and sprit-sail top-mast ; and these stays do likewise stay the bolt-sprit it self ; the missen-stay comes to the main-mast , by the half deck , and the top-mast stays come to the shrowds with crows-feet . now the use of these stays are to keep the masts from falling aft-wards , towards the poop . and thus much for the stays in general ; as for the back-stayes of all masts that have them ( which are only the main-mast , and fore-mast , with the masts belonging unto them ) they go down on either side of the ship , and serve to keep the mast from pitching forward or over-board . adm. which call you the braces ? capt. they are ropes belonging to all the yards , except the missen ; and to every yard belong two braces , which have a pendant seized to the yard arms ; and at the end of the pendant there is a block , thorough which that rope is reeved , which is termed a brace ; and the use hereof is to square the yard ; that is , to set it square , and to brace the yard , which is to bring it to any one side : and to traverse the yard , that is , to set it any way overthwart ; and to right the yard , which is to bring it right . and all these braces come afterwards on ; as the main brace , to the poop ; the main-top-sail brace , to the missen-top , and so to the main-shrowds ; the fore , and the fore-top-sail brace , to the main and main-top-sail stays , and so of all the rest ; only the missen-bowling serveth for a brace to the yard , but the cross-jacks braces , are brought forwards on to the main shrowds , whensoever the ship sails close by a wind. adm. what is a careen ? capt. a ship is brought to a careen , when after that the most part of her provisions , victuals , and lading , are taken out of her ; there is then layd by her side , a lower ship than her self ; by which she is haled down on the one side , as far as cause requireth , as to the third , fourth , or fifth strake ; and likewise if a ship lye or incline much on the one side , in her bearing of sail , she is said to sail on the careen . adm. what mean you by the graving of a ship ? capt. it is a bringing of her on ground , and then to burn off the filth and foulness , that cleaves to her sides , without board , with reed , broom , or the like , and so to pay her anew . adm. what is this paying ? capt. the word pay , in our sea-phrase , is diversly taken ; it is sometimes all one with parcelling ; the differences are , that parcelling is done with canvass , paying without canvass ; and these are done , when a little canvass about the breadth of a hand , is layd upon a seam , newly calked , and that is called parcelling ; and when this seam , having no canvass upon it , is layd over with hot pitch , it is then termed paying ; and the second difference is , that paying is allways done with pitch , parcelling with tar. sometimes again the word paying is used , when a ship is to tack , and that all her sails are a back-stayd ( that is flat against the masts and shrowds ) then they say she is payd , or the ship is payd ; but by the word paying in this place , is meant , when in the graving of a ship , after her soil is burned off , they lay on some new stuff , as either tallow and sope , or which is best , train-oyl , rosen and brimstone boyled together ; and this also is called paying of a ship. adm. what call you calking ? capt. to calk , is to drive oakam , spun-yarn , or the like , into the seams , rends , and trenels throughout all the ship. adm. of spun-yarn you spake before ; but what is this oakam ? capt. it is nothing else but old ropes untwisted , and so pulled out as it were into loose flax again ; and when either tow or flax it self is thus employed , it is called white oakam . adm. what now are your seams , rends , and trenels , into which this oakam is driven . capt. the seams of a ship , are those meetings together of her plancks : the rends . the trenels , are ( quasi tree-nails ) nails made of a tree , and are long wooden pins of hard oak , with which are fastened the plancks to the timbers ; and all these have oakam drove hard into them , and then are paid ( as aforesaid ) to keep them from leaking . adm. and what is this leaking ? capt. the signification of the word , is well enough known to land-men as well as sea-men ; but in regard that there is no ship so tite ( that is free from taking in of water ) but that with her labouring ( that is working ) the sea ; nay , even in a harbour , some water will get into her ; therefore , in sea-language , a ship is properly said to have a leak , when she makes more water ( that is , takes in more water ) than ordinary . now the causes of leaks , are either the starting out of some trenels , or the opening of her seams ; or the eating of vvorms thorow her plancks , or by receiving in a fight , some shot under water , or the like . and the sea-phrases , when a ship hath a leak , are either , that she hath sprung a leak , or that she makes much water . adm. you have told me what careening is , and what graving is ; tell me what you mean by the washing of a ship. capt. this washing of a ship is only used at sea , and it is done when they cannot lay her on ground , nor careen her , and then instead of them , they make her to heel on the one side as much as they conveniently may , by bringing all her guns , and causing all her men to get up on the yards to one side , and so they wash her other side , and scrape it as far as they can reach . and this cannot be done but in calms and smooth water . adm. i understand your word calms well enough ; but what mean you by becalming ? capt. becalming , is when any thing doth keep off or away the wind from a ship ; and so one ship is said to becalm another , when she comes up with her on the weather side , or when the shore keepeth the wind away . adm. what is that you term winding of a ship ? capt. to wind a ship , is to bring her head about , and this is done either with the boat , or with some oars within her self , put out at her hawse or stern-posts , if she be but a small vessel ; and the ship is said to wind up , when she comes to ride by her anchor ; and being under sail , they use to ask how the ship winds , that is , how doth she lye with her head ? adm. we have fallen off from our discourse concerning the ropes belonging to a ship , let us now return to it again , and tell me what rope is that you called even now a collar . capt. it is that rope which is made fast about the beak-head , whereunto the dead-mans eye is seized , into which the main-stay is fastned ; and besides this , there is also a rope about the main-mast head , called the collar or garland , and it serves to save the shrowds from galling . adm. what call you a strap ? capt. it is that rope which is spliced about any block , that by it the block by the eye made in the strap at the arse ( that is , the lower part ) of the block , may be made fast to any place where they have occasion to use it . adm. which are those ropes you named crows-feet ? capt. they are those small lines or ropes which are divided by the hole of a dead-mans eye , into six , ten , or more parts , and are there left hanging by the boat-swain , to make the ship show full of small rigging ; and they are placed on the bottom of the back-stays , belonging to the fore-top-mast , missen-top-mast , and gallant-top-mast . adm. what are those ropes you term the puddings ? capt. they are ropes nailed to the yard-arms of the main and fore-yards , close to the ends of them , and so in three or four other distances one from another , upon each yard-arm ; and their use is to save the robins from gauling asunder upon the yards , when the top-sail sheats are haled home : the serving of the rings of the anchors also with ropes , to preserve the clinch of the cable from gauling with the iron , is called the pudding of the anchor . adm. what ropes be these robins ? capt. they are small lines reeved into the eyelet-holes of the sail , under the head-ropes ( that is , under the ropes of the sails , which are upper-most , and next unto the yards , and by which the sails are made fast unto the yards ) and they serve indeed to make fast the sails unto the yards : and the sea-phrase here is , make fast the robins , and not tie them ; for sea-fairing men ever use the word make-fast , instead of tying . adm. what is the clinch of a cable ? capt. it is that part of a cable , which is seized about the ring of the anchor . adm. describe the cable it self unto me . capt. cables have several appellations , and are called the first , second or third cable , according as they are in greatness ; and ( as all the world knows ) they are those main ropes , the which being fastned to the anchor , do hold the ship fast when she rideth ; and the words of art belonging to this rope , are , the cable is well layed , that is , well made : serve the cable , or the cable ; that is , bind it about with ropes or clouts to keep it from gauling in the hawses : splise a cable , which is to fasten two cables together with a splice : quoil the cable , that is , to rowl it up : cable tire , that is , when the cable is laid up in rowls one rowl above another : pay more cable , which is when an anchor and a cable is carried out in the boat , to be turned over into the sea ; and they would have more cable to be put or handed out of the ship , they then say , pay more cable , that so the boat may row the easier : pay cheap the cable , which is to put out the cable apace : veer more cable , that is , put out more cable : a shot of a cable , which is when two cables are spliced together . adm. what is splicing ? capt. splicing , is to make fast the ends of ropes one into another , by opening the strands or twists at the ends of both ropes , and then with a fidd , to lay every strand in order one into another . also when an eye is to be made at the end of any rope , the ends of the strands or several twists , are with a fidd drawn into the ends of the other ropes strands , and this is called a splice ; and of these splices there are two sorts , the round splice , that is ( as aforesaid ) the intervening of the ends of two ropes one into the other ; and that which is ( barbarously ) nicknamed the cunt-splice , which is when the strands of either rope are put one into another , a good distance off from the very ends , and the very ends left out unspliced ; by which means is made a long slit ; the which , with the rude name-givers , begat the name . adm. what is that you here name a fidd ? capt. it is only an iron prime , made tapering and sharp at the end ; there are also fidds of wood , being much bigger than those of iron , though both of one and the same use , formerly set down . the pin likewise , which is in the head of the top-mast , and which beareth it upon the chess-trees , is called a fidd ; there is also a fidd-hammer , which is a fidd at the one end , and hammer at the other end , with a head and a claw to drive in ; or draw out a nail . adm. you spake even now of the quoiling of a cable , but very briefly ; i pray tell me more at large , what a quoil of ropes is , and what it is to quoil . capt. a quoil , or coil of ropes , is when ropes are laid in a round , one fake over another . a quoil of cable , is when a cable is laid in the same manner , and it half the rope or cable be cut away , and so laid up , it is called a half quoil of the rope or cable . so that to quoil , is to lay the fakes of a rope round , the one fake , over and upon the other ; that so when cause requires , these ropes may run smooth and clearly out , without any knecks ( that is , twistings ) or kencks ( that is , doublings ) and may also lye handsomly , and take up little room in a ship. adm. which are these fakes ? capt. they are only the several circles of the rope or cable , that are quoiled up round ; so that when a cable is veered out , it is demanded how may fakes are left , which is as much as to say , how much of the cable is left behind unveered ? adm. when is a cable said to be bent ? capt. when it is seized and made fit and fast to the ring of the anchor . and to bend two cables , is to tie them together , and so to make their own ends fast upon themselves . adm. what is a bight ? capt. it is the compassing or bringing about of a rope or cable ; as to hold by the bight , is to hold by that part of the rope which is rowled up , or quoiled up . adm. what is a bitter of a cable ? capt. it is only the turn of the cable about the bitts , that so it may be veered out by little and little at pleasure ; and when a ship is thus stopped by the cable , she is said to be brought up to a bitter . and the bitter end of a cable , is that which is always at the bitts , when the ship is at an anchor , and then the sea-saying is , bend it to the bitter end . adm. what is that that you sea-men call a bourn-grace ? capt. it is a certain frame or composition of old ropes or juncks of cables , which is used to be laid out at the bows , stems and sides of ships , to preserve them from great flakes of ice , when they sail far northwards , or far southwards . adm. what ropes are those you term the brails ? capt. they are small ropes reeved through blocks ; on either side whereof are seized the ties , some distance off upon the yards ; and so they come down before the sails , and are fastned to the crengles at the skirt of the sail ; and their use is to hale up the bunt of the sail , when the sail is farthelled across . and here the sea-word is , hale up the brails , or brail up the sails ; both which phrases import one thing , which is , that the sails be haled , up to be farthelled or furled , and this furling of the sail is , when being haled up by the brails , it is wrapped up close together , and so bound with the caskets to the yard ; and those small lines made fast to all the top-sails , top-gallant-sails , and all the missen-yard-arms are termed the furling lines , of which the missen hath only one , but all the other one on either side , and by these those sails are fuled ; as for the top-sails , they have not their bunts bound up to their yards , as the main and fore-sails have , but they are laid upon the tops , and so bound fast to the heads of the masts , and this is termed stowing of the top-sails . adm. what are the caskets ? capt. they are small strings made of sinnet , and are made fast to the upper part of the yards in little rings called grommets ; their use is to fasten the sail to the yard , when it is to be farthelled up ; the biggest and longest of them , are placed just in the middle of the yard betwixt the ties , and these are termed the breast-caskets . adm. i remember you told of a stern-fast before , what is that rope you call a brest-fast ? capt. as the stern-fast is firmed to the stern of the ship , so this brest-fast is a rope fastned to some part of the ship forward on , to hold fast the ships head to a warp or the like . adm. what call you a warp ? capt. to warp up a ship , is to have a hawser or any other rope sufficient to hale up the ship , with an anchor bent unto it , and so to lay it out towards that part or place whither they would have the ship to go , and by that to hale her thither ; and this is principally used when a wind is wanting to carry the ship into any such place , and this is termed warping . adm. which be the ropes you named catharpins ? capt. they are small ropes , running in small blocks from one side of the shrouds to the other near the decks ; they are employed to force the shrouds , and make them taught , for the ease and safety of the masts , and they are only used to the main shrowds , unless it be at the setting on of the puttocks of the shrowds , where they are always made fast , and run not into the blocks . adm. what mean you by the chafing of a rope ? capt. chafe or chafing with us , is when any rope is gauled or fretted , or when any rope rubs against any thing . adm. what do you mean by a ship of charge ? capt. by a ship of charge , is meant a ship that draweth much water , that is , that swimmeth deep in the sea , and sometimes an unweildy ship , that will not wair nor steer , is termed a ship of charge , because she is a ship of danger ; but besides both these acceptations , every officers peculiar place in a ship , is called his charge . adm. since you are again fallen upon the generality of sea-phrases , tell me what the extent of the sea-word chase is . capt. to pursue a ship at sea , is to chase her ; that which is called a stern-chase , is when the chaser followeth the chased a-stern , directly upon one point of the compass . to lye with a ships fore-foot in a chase , is to go and sail the nearest way to meet with her , and so to cross her in her way . the chase guns in a ship , are those which lye right aft . when it is said that a ship hath a good chase indefinitely , it is meant of her chase forwards on , and that is , when she is so built , that she can carry many guns to shoot right forwards ; and when the guns lye just so to the contrary , they say that she hath a good stern-chase . adm. what is that they term the clew gurnet ? capt. it is a rope made fast to the clew of a sail ( of which clew we spake before ) and from thence runs in a block which is seized to the middle part of the yard , and the use thereof , is to farthel up the main-sail , and fore-sail . adm. what difference is there between this clew gurnet and the clew line ? capt. the clew-line is the same to the top-sails , top-gallant-sails , and sprit-sails , that the clew-garnet is to the other , and is of the very same use . adm. what line is that you call the deep sea-line ? capt. it is a small line , wherewith to sound when the ship is in very deep water at sea , and then they desire to find ground , that so , without sight of land , the coast may be known that they approach unto ; to which end , they have a lead also , called the deep sea-lead , wherewith this line is carried to the bottom , and upon the lower and bigger end of the lead , there is white tallow laid , the which bringeth up with it the ground that it falleth upon , and by the differences of the ground , and observations made thereupon , it is known upon what coast the ship then is ; and if at any time it fall out that no ground cometh up upon the tallow of the lead , they hereby know that the ground there is oazie ground , and then they put a white woollen cloth upon the lead , with a little tallow , whereby this kind of ground is brought up also . adm. what call you oazie-ground ? capt. oaze or oazie ground , is soft , slimy , muddy ground , being no good ground for a ship to ride at an anchor , by reason that the anchors cannot hold firm , but will come home ( as the phrase is ) in great stresses , that is , foul weather ; and besides this oazie ground is held bad for the rotting of cables , only it is good to bring a ship aground on , when she is to lye so long ; because she will lye easie and soft , and will soon dock her self in it ; but yet withal , it is bad for the rotting of her plancks , and the spoiling of her okam in her seams . adm. what mean you by a ships docking of her self ? capt. of docks , there are two kinds , a dry dock , which is made with flood-gates to keep out the tide ; and in these dry docks are ships built and repaired , and therein they sit without all danger ; the other is called a wet dock , and this is any creek or place wherein a ship may be carried out of the tides way , and layed on oazie ground ; in which ground , when a ship hath made her self a place to lye in , the phrase is , that the ship hath docked her self . adm. what is that you call a cradle in your sea-language ? capt. it is a frame of wood or timber , brought and raised alongst the outside of a ship by the bildge ; and it serveth to launce a ship with better security ; and in some parts , some great ships , for safety sake , are trimmed in these cradles . adm. what intend you by the vvord launce ? capt. this vvord on ship-board , is used instead of put out ; as to launce a ship out of the dock , or out of the key , is to put it out from those places where it is laid dry into the channel or sea , that so it may float , that is , swim ; sea-men also say , launce the boat , launce out , or in the davitt , and launce out the capstan bars ; all which is as much as to bid them to be put out . and in another sence , when a yard is hoised up high enough , or the top-mast , they say launce ho , that is , hoise no more ; also in the stowing ( that is , laying in ) of any thing into the hold of the ship , they say , launce aft , or launce forwards on . likewise when they would have any men brought from pumping , and that the pump sucks , they then cry , launce ho , that is , pump no more . adm. vvhen you spake of sails in general , you forgat to tell me what a drift-sail was . capt. and i might well do so ( my lord ) for this is a sail under vvater , as those were above , and it hath sheats fastned unto it as other sails have ; and it is by them veered out right a head upon the sea in a storm ; and the use is to keep a ships head right upon the sea , that is , the billow of the sea. it is also useful when a ship drives with a current to hinder her driving , and is generally used by fishermen . adm. vvhen is a ship said to drive ? capt. vve say a ship drives , when an anchor being let fall , it will not hold the ship fast , but that she falls away with the tide or vvind , for which , the best help is to veer more cable ; also when a ship is a hull or a trie , we say she drives to lee-wards , or drives in with the shore . adm. to understand this passage the fuller , i desire that you would speak somewhat of tides in general ; as also that you tell me here in this place , what those sheats are you mentioned even now , the which you said the drift-sail , as well as all other sails , have belonging unto them , and of which you have not said any thing in particular hitherto . capt. the vvord tide is common , as well to ebbing as flowing , and the phrase is , as well tide of ebb , as tide of flood . a vvindward-tide is , when the tide runs against the vvind ; a leeward-tide is , when the tide and vvind go both together . a tide-gate , is when the tide runs strong . to tide it over , or up into any place , is to go with a tide of flood or ebb , and to stop the contrary tide at an anchor , until the same tide returns . to flow tide and half tide , is when the tide doth run three hours ( which is four points ) in the offin , longer than it doth by the shore ; where by longer , is not meant more hours ( for it doth always constantly ebb and flow six hours ) but the meaning is , that if it high vvater at the shore at twelve of the clock , it shall not be high vvater in the offin until three of the clock , which is the bound and time for the running of a half tide ; and so accordingly , as it ebbs and flows more , the sea-men say , it runs half tide and half quarter , that is , five points . vvhen sea-men are to go into a harbour , over a bar or sand , the saying is , that they will bring their tide with them , that is , they will come in with the flood , that so they may get over the bar or sand into the harbour ( and this bar is a rock , this sand a shelf , which is not to be sailed over , but upon the flood . ) adm. you spake even now of points , i pray tell me how this vvord point is any way taken in your sailing-sayings , and then proceed , and tell me of your sheats . capt. the sharpness of any head-land is called the point of the land ; and where they say , that two points are one in another , it is as much as that they are so just in a right line one against another , as that the one cannot be seen for the other . the compass also is divided into thirty two points , representing thirty two vvinds ; and sailing by the compass , is sailing upon a point . the vvord pointing is also used , when the strouds at the end of a cable ( that is , the several twists thereof ) about two foot long from the end thereof are untwisted ; therewith to make sinnet of the rope-yarn , and then to lay them one over the other again , breading it lesser and lesser towards the end , and then at the very end to make them all fast together , with a piece of marlin or the like ; and this is termed pointing of the cable , and the use thereof , is to keep the cable from feazing , that is , revelling out ; but chiefly , that none of the end be cut off and stolen away . adm. i pray tell me what this marlin is , and then speak of your sheats . capt. marlin is a small line , made of untwisted hemp , that so it may be more gentle and pliant than other lines ; and the use ( as aforesaid , is ) to seize the ends of ropes from falling out : they use also to seize the sides of the straps at the arse of the block ( that is the lower end thereof : ) with this also , if a sail be ript out of the bolt-rope , so that they cannot sow it in again , they take of this marlin , and with that , put thorow the eye-let-holes , they make fast the sails to the bolt-ropes , and this is called marling the sail. adm. well , now tell me what your sheats are . capt. the sheats are ropes bent to the clews of the sails , and in all the low sails , they serve to hale aft , or round of the clew of the sail ; but in top-sails they serve to hale home , that is , to hale close the clew of the sail to the yards-arms ; when they hale aft the sheats of the main-sail , it is to make the ship to keep by a wind ; when they hale aft the sheat of the fore-sail , it is to make her fall off from the wind ; when a ship will not fall off from the wind , they flat in the fore-sail , that is , pull the sail flat by the sheat as near unto the ships sides as may be ; when they say , ease the sheat , it is to vere it out , or to let it go out gently ; to let fly the sheat , is to let it run out violently as far as it can go . in extraordinary gusts , and very stiff gales , they use to bind another rope to the clew of the sail above the sheat-block , and this is done to succour and ease the sheat , least it should break , and this rope is termed a false-sheat , and this is only used to the main and fore-sails . those plancks also under water , which come alongst the run of the ship , and are closed to the stern-post , are also called sheats ; and that part likewise within board abaft , in the run of the ship , is called the stern-sheats . the word of art is , when they would have the sheats of the main or fore-sail haled aft , tally the sheats . adm. vvhat doth the vvord duck up imply in your sea-sence ? capt. this term ( my lord ) is used promiscuously with the clew of the main-sail , fore-sail and sprit-sail ; and when any of these sails hinder his sight that is at the helm , so that he cannot see to steer by any land-mark or the like , the vvord then is , duck up the clew-lines of any of these sails ; but it is especially to the sprit-sail , when a shot is to be made with a chase-piece , which otherwise would be hindred with the clew of that sail , to remedy which , they hale up the sail , and the vvord is , duck up the clew-lines of the sprit-sail . adm. vvhat implies your vvord flair ? capt. it implies the contrary extream , or mis-shaping , to that of housing in , formerly mentioned , and it is , when a ship is somewhat housed in near the vvater , and a little above that , the vvork again hangs over too much , and so is laid out broader aloft than due proportion alloweth ; in this case the saying is , the work doth flair over . adm. what mean you when you say the sheats are flown ? capt. when any of the sheats are not haled home and close to the blocks , the saying is , the sheats are flown ; and so it is said , the ship sails with flown-sheats ; but when it is said , let fly the sheats , it imports as much , as let them go out amain . adm. since we are fallen upon your words of sea-art , what mean you by the word , free the ship , or free the boat ? capt. when a ship hath much water in her , it is said that the pump will free her , that is , that she leaks not in so fast , but that the water may be thrown out faster by the pump ; and on the contrary , when they say the pump cannot free her , it implieth the quite contrary . also the bailing ( that is , the casting of any water out of the boat ) into the sea , is termed , freeing of the boat ? adm. what is that you call a fresh shot ? capt. when any extraordinary land-waters come down a river on the suddain , or when any great rivers fall down into the sea , so that the salt-waters become fresh withal , a good way of into the sea , at the mouth of that river ; this is called a great or a small fresh-shot , as the freshing of this water is found more or less . adm. which call you the fore-foot of a ship ? capt. a ship hath no such part in her , but it is only a word in use , when two ships being under sail in ken one of another , the one of them doth lye in her course , with her stem so much a-weather the other , that holding on their several ways , and neither of them altering their courses , that ship which lyeth thus to the weather , that is , to the wind-wards , will run or go out a head of the other , and then they say , that such a ship doth lye with the others fore-foot . and as soon as she is once past before her head , it is no longer said that she is past by her fore-foot , but that she is gone out a head . so that this word forefoot implieth no more , but one ship lying or sailing across another ships way . adm. what are those you term fore-locks ? capt. they are little flat pieces of iron , made wedg-like , and they are used at the ends of bolts , where they are put into those holes , to keep the bolts from flying out . they are also used to keep down fast the capsquares of the carriages for the guns , of which we shall speak particularly when we come to speak of the guns belonging to ships , together with their appurtenances . adm. what mean you by your sea-word fore-reach ? capt. when two ships sail together , she which saileth best , and so outgoeth the other , is said to fore-reach upon the other . adm. when call you a ship foul ? capt. when a ship hath been long untrimmed , so that any filth , or grass , or weeds , or periwinkles , be grown and stick upon her sides under water , she is said to be foul ; but this word is also used in another sence , for when any rope that is to be haled is hindred by another , or tangled in it self , so that it cannot run , it is said , that the rope is foul . adm. when is a ship said to founder ? capt. when either by an extraordinary leak , or by any great sea ( that is , billow or wave of the sea ) breaking in upon her , a ship is so filled with water , that she cannot be freed of it , nor is able to swim under it , so that she sinketh with the weight thereof ; in this case a ship is said to founder in the sea , or that she is foundred . adm. what call you foul water in your sea-tongue ? capt. whensoever a ship being under sail , comes into so shole or shallow water , that she raiseth the mud or ground with her way ( and this she may do , and yet not touch the ground but only by coming near unto it ) it is then said , that she maketh foul water . adm. in what sence use you the word gage ? capt. when the bigness or capacity of any cask is upon a tryal , that is called gaging of the cask ; or when it is to be known how much of the liquor in any cask or butt is leaked out , it is said , gage the cask : also , to know how much water a ship draws , or of what draught a ship is , they use to strike a nail into a pike , and so to put it down by the rudder , until this nail do catch hold under the rudder ; and this also is termed the gagin of a ship ; and so many feet of water as the ship draws , is called the ship gage . i likewise , when one ship is to the weather of another , she is said to have the weather gage of her . adm. what is that you here call the draught , and the drawing of a ship ? capt. by draught , is meant so many feet in depth of water as a ship must have to make her float or swim ; so that a ship is said to draw much water when she goes deep in the sea , and a ship of small draught is on the contrary . adm. how is the word gale taken with you sea-men ? capt. when the wind blows not too hard , so that a ship may bear out her top-sails a trip ( that is , hoised at the highest ) it is called , according to the strength of it , a loom-gale ; when it blows much wind , it is named a stiff and strong gale , or at the least , a fresh gale. sometimes , when two ships being at sea , and not far asunder , and little wind blowing , one of them will find more wind than the other , and then they will say of the ship that hath most wind , that she doth gale away from the other . when it overblows so violently , that it is not possible to bear any sail , and is withal , a wind mixed with rain or hail , sea-men term this a tempest , and they account it a degree higher than a storm . adm. what is that you call the garnett ? capt. it is a tackle wherewith is hoised in all the cask and goods that be not over weighty ; and this as the former tackle that we spake of , hath a pendant coming from the head of the main-mast , with a block strongly seized to the main-stay , just over the hatch-way , where the goods are taken into the hold ; and in this block is reeved the runner , which hath a hook at one end , in which is hitched the slings ; and at the other end is a double block , wherein is reeved the fall of the runner , and so by it is haled and hoised in the goods , and when there is no occasion to use this garnet , it is fastned alongst by the stay , at the bottom of the ship. adm. what mean you by a girding-girt ? capt. when the cable is so taught ( that is strained ) that upon the turning of the tide , the ship cannot go over it with her stern-post , she will then lye across the tide , and then the sea-word is , that the ship is girt , or hath a girding-girt . adm. what kind of sail is that which you term a goose-wing ? capt. when a ship saileth before a wind , or with a quarter wind , and in a fair and fresh gale , many times upon occasion , to make the more hast , they use to unparrel the missen-yard , and then to launce out both sail and yard over the quarter on the lee-side , and fit guyes at the farther end , to keep the yard steddy with a boom , and this booms out the sheat of the missen-sail ; and thus they give the ship the more way , which otherwise the missen-sail with these winds could not do ; and this sail thus fitted , is termed a goose-wing , and sometimes also it is named a studding-sail . adm. what are these guyes and this boom ? capt. a boom is a long pole , employed to spread out the clew of the goose-wing or studding-sail ; and sometimes also these booms are used to the same purpose with the clew of the main-sail and fore-sail , the better to catch the wind , and is called booming ; and a ship is also said to come booming , when she comes with all the sails she can make ; and this booming of sails is never used , but either in fore-winds or quarter-winds . those marks also which are fixed to shew and direct into the chanels of harbours , are called booms . as for the guyes , a guy is any rope used to keep off any thing from falling or bearing against the ships side , when it is to be hoised in , as when any thing is to be haled in over the gun-wale , it is by this guy-rope , gently and securely eased in ; and this rope is commonly made fast to the stanchions of the wast-trees . there is also a rope made fast to the fore-mast , at the one end thereof , and is reeved thorough a single block , which is seized to the pendant of the winding tackle , and so reeved again thorough another , which is seized to the fore-masts , and this is to hale forward the pendant of the winding-tackle , and is termed a guy also . adm. what is haling at sea ? capt. that which is commonly called pulling a shore , is haling at sea ; but the haling of a ship is taken also in another sence ; as to call unto her , to know whence she is , and whither bound ; sometimes also ships are haled by way of salutation , and this is done both with whistles , trumpets and voices . adm. how do you use the word hand or handing ? capt. when they would deliver away any thing to be passed from one to another , or to be brought to any one , the sea-saying is , hand it this way or that way ; and when they want men to hoise or to do any labour , they use to call for more hands , not more men. adm. of the hawses i well remember you have spoken already ; but what is that you term a hawser ? capt. it is a three stroud rope , and may be held to be a little cable , and it doth serve for many uses , as to warp a ship over a bar , with the like ; and with this kind of rope , the main and the fore-shrowds are made fast . adm. you speak of handing but now ; but what mean you by heaving ? capt. the word is diversly taken ; for to throw away or fling away any thing over-board , is termed the heaving of it over-board : the turning about of the capstan is also named heaving at the capstan ; likewise , when a ship doth rise and fall by the force of the billow , being at an anchor , she is said to heave and set . adm. what is a head-sea ? capt. it is when a great billow or wave of the sea comes right a head of a ship , being in her course . adm. which are the sails , you term head-sails . capt. those sails which belong to the fore-mast , and sprit-sail , top-sail , top-masts , are properly called the head-sails ; for these are the sails which govern the head of the ship to make it fall off , and to keep out of the wind ; and these sails in quarter winds are the chief drawing sails . adm. what sea-beast is that you term a horse ? capt. a horse at sea , is a rope made fast to one of the fore-mast shrowds , with a dead-mans-eye at the end thereof , through which is reeved the pendant of the sprit-sails sheats ; and it is for no other use , but to keep the sprit-sail sheats clear of the flouks of the anchor : also when the lead is heaved out at the shrowds , there is a rope made fast to the shrowds , to preserve him that heaveth it from falling into the sea ; and this also is termed a horse : the wapp likewise ( that is that wherewith the shrowds are set taught ) hath the same name ; as also those little short wapps which are seized to the midst of the top-mast , and top-gallant stay , wherein are reeved the top-sail and top-gallant bowlings , are called horses . adm. what is that , which is termed the hullock of a sail ? capt. it is small part of a sail which is cut and left loose , in some main storm , when they dare not open any more sail , and it is only used in the missen-sail , to keep the ships head to the sea , making all the rest of the sail up , save a little at the missen-yards arm : as also , when a ship will not weather-quoil , then to lay her head the other way , there is loosed ( for that is the word ) a hullock of her fore-sail , and then changing the helm to the weather side , the ship is made to fall off and to lay her head , where her stern lay before . adm. i pray tell me first , what weather coiling is , and then give me words of art , which properly belong to the missen-sail , mast , and yard . capt. the weather-coiling of a ship , is , when being a hull , her head is brought the other way , to that she lay before , without loosing of any sail , but only by the bearing up the helm : as for our sea-words belonging to the missen , in propriety , it is to be understood , that when at sea we speak of the missen , it is all ways meant of the sail , not the mast ; as set the missen , that is fit the missen-sail , change the missen , that is , bring the yard to the other side of the mast : peek the missen , which is , to put the yard right up and down by the mast ; spell the missen , that is let go the sheat , and withal peek it up : and the use of this sail is to keep the ship close to a wind : and if a ship gripes too much they use not any missen : sometimes the missen is used , when the ship is at an anchor , to keep her a stern from coming foul on her anchor upon the turnings of the tide ; and sometims they trie with the missen . adm. you spake of the jeer-capstan sufficiently before ; and named only the jeer-rope , and therefore i pray according to your promise then , tell which it is now . capt. it is a piece of a hawser , made fast to the main-yard and fore-yard close at the ties of great ships , ( for small ones have them not ) and so is reeved through a block , which is seized close to the top , and so comes down , and is again reeved through a block at the bottom of the mast , close by the deck ; and great ships , have one on the one side of the ties , and another on the other ; and their use is , to help to hoise up the yard ; and especially to succour the ties , and to keep the yard from falling down , if the ties should break . adm. have you not a line , called the knave-line ? capt. yes my lord , and with which ( for the name sake ) they make good sport , with fresh-water men ; and it is a rope , the one end whereof is fastned to the cross-trees , under the main or fore-top , and so cometh down by the ties , to the ram-head , unto which there is seized a small piece of a billet about two foot long , having a hole in the end thereof , in which hole this line is reeved , and so brought to the ship-side and haled up taught there to the rayls ; and the use of this knave-line is , to keep the ties and hallyards from turning about one the other ; the which , at the first , being new they would do , were it not for this line ; but after that the halliards and ties are stretched awhile , this line is quite taken away , and no more used , but upon the like occasion . adm. i pray , interpret , these sea-words unto me , land-fall , land-lockt , land-to , and land-turn . capt. a land-fall , is to fall with the land , as when it is expected coming out of the sea , to see land in a short time , and it so falleth out , then the saying is , that they have made a good land-fall ; and especially if they fall right with the part that they expect , and so on the contrary . land-lockt , is when being in a rode , and especially harbour , the land lies so round about the ship , being at an anchor , that no one point lieth open upon the sea ; and then the saying is , that the ship rides land-lockt . land-to , is , when the ship is just so far out at sea as land may by kenned ; as when instruction is given by a way of a rendezvous or meeting , to lye off at sea upon such a heigth , over against such a cape ( that is head-land ) land-to , the meaning here is , to lye so far out to sea , as the land or cape may be kenned , that is discerned ; and neither farther off nor nearer : as for land-turn , it is the same of the land , that brize is of the sea ; only differing in this , that the land-turn cometh by night , and the sea-turn or brize by day . adm. what is properly a brize ? capt. it is a wind of course , the which at sea , is always found to come off the shore in fair weather in hot countries ; and it commonly begins to blow temperately , about nine of the clock in the mornings , and endeth at four in the afternoon . adm. what is it , to lay a land ? capt. when sea-men are out of sight of land , the saying is , the land is layd : but when any other point of land hinders the sight of that they came from , then the word is , that the land is shut in , or shut into the other point . adm. let us return a little , from sea-words , to sea-ropes ; what is that you term the leefang . capt. the leefang is a rope , reeved into the crengles of the courses , when the bottom of any sail is to be haled in , that so the bonnets may be laced on ; and they serve also to take in the sail. adm. you spake of the leetch of a sail before ; but which be the leetch-lines ? capt. these are small lines ; which are fastned to the leetch of the top-sails , for they belong to no other sails : and they are reeved into a block at the yard close by the top-sail ties : and the use of them is , when they take in the top sails , to hale in the leetch of the sail. adm. what lines are those you term the martnets ? capt. they are small lines fastned to the leetch of the sail ; and look like the crow-feet ( formerly mentioned ) they are reeved thorough a block on the top-mast-head , and so come down by the mast to the deck : the martnets of the top-sails are in the same manner fastned to the heads of the top-gallant masts ; but their fall comes no farther down than the top , when it is haled : the phrase at their haling is , top the martnets . their use is , to bring that part of the leetch of the sail , which is next to the yard-arm , close up to the yard , when the sail is to be furled . adm. which call you the legs of the martnets ? capt. they are small ropes , put thorough the bolt-ropes of the main and fore-sail , in the leetch of the sail , and are about one foot in length ; and so at either end are spliced into themselves ; and these have a small eye whereinto the martnets are made fast with two hitches ; and the end is seized into the standing part of the martnets . adm. what be those you name the lifts ? capt. they be ropes , which belong to the yard-arms of all the yards , and do only serve to top the yard-arms ; that is , to make the ends of the yards hang higher or lower , or even , as ocasion requires . as for the top-sail lifts , they serve likewise , for sheats to the top-gallant yards , as well as for lifts to the top-sail yards : and the word of command in haling of them , is , top the lifts ; as top them a starboard , or larboard-lift . adm. since you are in speech of lines , what is that you call the log-line , and wherefore serves it ? capt. some call this a log-line , some a minute-line ; and these names are given it , because it hath a piece of a small board fastned unto the end thereof , which with a piece of lead is so poysed , that it will always flote edge-long in the water ; and this board is called the log : and the use thereof , is , that the ship being under sail , this log , with this line is heaved over the stern of the ship ( the line having at every fathom of length , certain marks fastned into it ) and by judging how many fathom of line runs out in a minute of an hour ( which minute is measured by a minute glass ) they would give a judgment , how many leagues the ship doth run in a watch whilst she continueth making of such way . adm. what call you a watch at sea ? capt. at sea all the ships company , is divided into two parts ; the one is called the starboard watch , the other the larboard : and each of these are in their turns to watch ; as also to trim the sails , to pump and to do the like duties , for four hours space , and then the other watch is to relieve them , for four hours more ; so that the time of a watch when the ship is at sea , is the space of four hours of time . but when the ship is in harbour or in a rode , they use to watch quarter watch , and that is when one quarter of the ships company do watch together ; and so they allow themselves the larger rest ; as having less to look after : and of these watches , the master is the chief of the starboard , and his right hand mate ( that is his mate , who hath his cabbin on the right side of the masters roundhouse ) is chief of the larboard watch. adm. what is the loof-hook ? capt. it is a takcle with two hooks ; the one whereof is to hitch into the cringle of the main and fore-sail ; the other is to hitch into a strap , which is spliced into the chest-tree , and so down the sail ; and the use of it is to succour the tackles in a large sail , that all the force and stress may not bear upon the tack ; and it is also used , when the tack is to be the surer seized . adm. what rope is that you term a parbuncle ? capt. it is a rope which is used in the nature of a pair of slings , and it is seized together at both ends ; and so put double about any ponderous thing , to hoyse it into the ship therewith ; and the hook of the runner is hitched in it to hoyse it by . adm. what is this runner ? capt. it is a rope which belongs to the garnet , and the two bolt tackles , to that before which comes in the aftward most shrowds of the fore-mast ; and to that tackle abaft which comes in the fore-mast shrowds of the main-mast . it is reeved in a single block , which is seized to the end of a pendant , and hath at the one end , a hook to hitch into any thing ; and the other end a double block , wherein is reeved the fall of the tackle , or the garnet , which doth purchase more than the tackle or garnet could do without it . the word of sea-direction here , is ; over hale the runner , that is , to pull down that end which hath the hook in it , and so to hitch it into either the sling or any the like . adw . what mean you by a passarado ? capt. a passarado is any rope wherewith is haled down the sheat blocks of the main and fore-sails , when they are haled aft the clew of the main-sail to the cubbridge head of the main-mast ; and the clew of the fore-sail to the cat head ; and this is done only , when the ship goeth large . adm. what ropes be those you call plats ? capt. they are flat ropes , made of yarn , layd one over another , and are for to save the cable in the hawse from gauling : they are used also in the flouks of anchors , to save the pendant of the fore-sheat from gaulling against the anchor . adm. which term you the rare-lines ? capt. they are those lines , with which are made the steps ladder-wise , whereby to ascend the shrowds , and puttocks , as likewise the top-mast shrowds in great ships ; and these are named the rare-lines of the shrowds . adm. which call you the smiting line ? capt. it is a small rope , made fast to the missen-yard-arm below by the deck ; and when the missen-sail is furled up , this line is made up with it , to the upper end of the yard ; the sail being made up with rope-yarns ; and so it comes down to the poop . and the use thereof is to loose the missen-sail without striking down the yard ; for by hard pulling of this rope they break all the rope-yarns , and so the sail falls down of it self : and hence this line taketh its name : and so the word of art , is , smite the missen , that is , pull by this rope , that the missen-sail may fall down . adm. you have often spoken of the standing parts of running ropes , as likewise of standing ropes ; but i forgot to enquire what these were , and how they might be distinguished , until now . capt. these standing parts of running ropes , are those parts of them which are fastned to any part of the ship ; and so are not to be haled by : as the standing part of the sheat , is that part which is made fast by a clinch into a ring , at the ships quarter , and so of the rest : as when sea-men say , hale the sheat , it is meant only of the running part ; but if they say , over-hale the sheat , then they hale upon the standing part ; and the like is done with all other tackles and running ropes . as for the standing ropes , they are counted all those ropes , as are not used to be removed , or to run in any blocks ; but are only set taught or slake , as occasion requires ; as the sheats , stays , back-stays and the like . adm. what properly are those you term top-ropes ? capt. they are those ropes wherewith the top-masts are setled or struck lower ; and they belong to the main , and fore-top-masts ; and are reeved thorough a great block , which is seized ( that is fastned ) under the cap , on the one side thereof , and then reeved through the heel of the top-masts , into a brass shiver , which is placed athwart the ship ; and so brought up , and made fast on either side of the capp , with a clinch unto a ring which is made fast unto the capp ; and the other part comes down by the ties , and so is reeved into the knight , and so to the capstan , when they heave upon it . adm. when you described what the jeer-capstan was , you made mention of a certain hawser named the violl ; and promised to speak more thereof , when you came to speak of ropes ; i pray therefore do so now . capt. when the main-capstan is not able to purchase in the cable , by reason that the anchor is let fall into such stiff ground , as that they cannot wey it ; then for more help , they use to take a hawser , and open a stroud thereof , and so put in nippers , ( which are small ropes with a small truck at one end , and with them they bind fast this hawser to the cable ; and then they bring it to the jeer-capstan , and heave upon it : and this work is termed the violl , and will purchase far more then the main-capstan can : and this violl is fastned together at both ends with an eye and a wale-knot , or else with two eyes seized together . adm. what is your sea-yoke ? capt. when the sea is so rough , or as seamen term it , grown , that men cannot govern the helm , with their hands , then they seize two blocks to the helm on each side one , at the very end thereof ; and reeving two small ropes ( called falls ) thorough them , which are fastned to the sides of the ship , and so having some men at each tackle , they thus govern the helm as they are directed . there is also another way to this purpose , and that is , by taking a double turn about the end of the helm with a single rope ; the which being belayd fast to the ships-sides , they herewith guide the helm ; and either of these ways , are termed a yoke to steer by . adm. what ropes are those which you name trusses ? capt. they are ropes made fast to the parrels of the yards , and are employed in two several services ; to bind fast the yard to the mast , when the ship rowls either a hull or at an anchor ; and to hale down the yards in a storm or gust : and these belong to the main-yard , and fore-yard , as also to the missen ; and are all brought too , upon occasion . and thus my lord , i have summed up , and explained , all the parts ( or at least as many as are most of note ) belonging to the hull of a ship , as also , all her masts , sails , yards , ropes , and general rigging . it only resteth , that i speak briefly , of the anchors belonging unto a ship , and the parts proper unto them ; as also of her boats , and their furniture ; and likewise of her ordnance and the appurtenances ; and lastly will conclude with some proper words of art , which hitherto have been omited ; no occasion having formerly fallen out , to introduce them . adm. i heartily thank you ; i pray proceed , and in the first place , make mention of anchors , and of their kinds and parts . capt. what an anchor is , and wherefore it serves , is as generally known as a ship : the parts of an anchor , are the ring , whereto the cable is fastned : the nut , the eye , the head , the beam , or the shank , which is the longest part of the anchor : the arm , which is the part whereto the flouk is set : the flouk , which is the broad part of the anchor , which takes hold on the ground ; and which also is termed the palm of the anchor ; and the stock , which is that piece of wood which is fastned unto the beam , hard by the ring ; and this stock serveth to guide the flouk of the anchor , that it may fall right to fix it self within the ground . and these are the parts belonging unto to every anchor . the kinds of anchors , are , the kedger , the grapnel , the stream anchor : the first , second , and third anchor ; two of which are carried at the bow of the ship , and thereupon are called , the first , or second bower ; and the other , which is the greatest of them all , is termed the sheat anchor ; and is their last refuge , when in extremity of weather , they are forced to ride on a lee-shore . adm. what kind of anchor is that you named a kedger ? capt. when a ship is brought either up or down in a narrow river , the wind being contrary to the tide , and she to go with the tide ; the way is to set the fore-sail , and fore-top-sail , and the missen , and so to let the ship drive with the tide , that so they may flat her about : and if she happen to come over near the shore ; they then employ a small anchor in the head of the boat , with a hawser made fast unto it , which comes from the ship ; the which anchor is let fall in the midst of the stream , and so they wend , ( that is turn ) her head about ; the which done , they lift up the anchor again when , she is fully about : and this anchor is termed a kedger , and this working , is called to kedge , or kedging . adm. what anchor is that , you named the grapnel ? capt. these are a kind of anchors for gallies , or boats to ride by ; and thus far differ in form , from the other , that they have four , flouks , whereas the other have but two ; and are without stocks . in ships of war these grapnels , those of the lighter sort of them , are used to be thrown into an enemies ship , wherewith to catch hold of some of her gratings , rails , gun-wales , or the like , and so having a chain made fast unto it , they lash ( that is make fast ) the ships together , that so they may board the enemy or prize . there are also some other grapnells with three hooks or flukes , with which they use to sweep for hawes , or small cables . adm. i pray before you go on to speak farther of your anchors , expound the words , sweep , and board , as they are taken in your sea-phrase . capt. sweeping in this sense , is nothing else , but when this three flouked grapnel , is hung over the boats stern , and so let down into the sea , or channel ; and by the rowing of the boat , is dragged upon the ground up and down , to find some cable or hawser , slipped from an anchor , to which no buoy was fastned . as for the word board it is various used at sea ; to go aboard a ship is to go into a ship : board and board is , when two ships touch one another : the weather board , is that side of a ship which is to the windwards : to make a board or to board it up to a place , is to plie it to the windwards ( that is to turn it up ) sometimes on one tack , sometimes on another . a good board is , when a ship at one turning , or tack , hath advanced much to the windwards : within board , is to be within the ship ; without board , to be without it : over-board , is to fall , or be thrown into the sea : by the board , is to slip down by the ships side : to leave a land on back-board , is to leave it behind the ship. adm. before you leave this passage , you must explain the sea-acception of the word channel ; and tell me what a buoy is . capt. by a channel is meant the deepest part of any river , arm of the sea , or harbours mouth ; sometimes also , some narrow seas are termed channels , as that betwixt us and france ; and that which is named st. georges channel , betwixt wales and ireland . a buoy , is that piece of wood , barrel or the like , which is layd to flote directly over the anchor , when the anchor is at the bottom of the sea ; that so the men that go in the boat to wey the anchor , may directly know where the anchor lieth . and the words of art , belonging to this piece , are , to stream the buoy , that is , to let the anchor fall whilst the ship hath way : buoyant , is any thing that is floting or apt to flote . to buoy up a cable , is to make fast some peice of floting wood , barrel , or the like , unto the cable , somewhat near to the anchor , that so the cable may not touch the ground , when the ground is suspected to be foul , ( that is rocky ) for fear of fretting and cutting of the cable . buoys also are sometimes left out at sea , to serve for marks , to discover some dangerous shelves or rocks . adm. well now return to your anchors again , and tell me what a stream-anchor is . capt. it is only a small anchor , made fast to a stream cable , wherewith to ride in gentle streams and in fair weather , when they would stop a tide . adm. what are your words of art belonging to this anchoring business ? capt. when the cable hangs perpendicular betwixt the hawse and the anchor , then the anchor is said to be a peek , when it hangs right up and down by the ships-side , it s said to be a cock-bell , upon the ships coming to an anchor : to let fall an anchor , is to put it down into the sea : the anchor is said to be foul , when the cable by the turning of the ship , is hitched about the anchors flouks : to fetch or bring home an anchor , is to wey it : the anchor is said to come home , when the ship drives away by the tide or sea : to shoe the anchor , is to put boards to the flouks , fashioned fit unto the flouks ; and this is done , when the ground is too soft for the anchor to hold : to boat the anchor , is to put it into the boat : anchoring or anchorage , is to let the anchor fall into the sea ; good anchorage , is when the water is not too deep ; and that the ground is good , being neither too hard nor too soft ; so that the best ground is stiff clay , or hard sand ; and the best rideing at an anchor , is to be land-lockt and out of the tide . adm. you spake of tides before , but i do not remember that you then said any thing of a spring-tide . capt. indeed i did not , and it was a forgetfulness . a spring-tide is said to be , when after the dead neep-tides , the tides begin to grow higher : and this is about three days before the full or change of the moon ; and the top or highest of the spring is three days after , and then the water doth highten most with the floud , and low most with the ebb ; and then also the tides run much stronger and swifter , then in neeps . adm. you forgot also to speak of the neeps until now . capt. i confess that too , but shall now make amends . when the moon is in the midst of the second and last quarters , then fall out these neep-tides ; and these are ( as it were ) opposite to the spring-tides ; and there are as many days allowed for the neep , or falling of the tides , as for the spring or rising of them : but in these neep-tides , the water is never so high nor so low , as in the spring-tides ; nor do the tides run so swift in neeps as at the springs ; and as the highest of the springs is three days after the full or change of the moon , so the lowest of the neeps is four days before the full or change ; and then the saying is , that it is deep neep : and when a ship wants water , so that she cannot be brought off the ground , or out of the dock , the sea-word is , that she is neeped ; and the like is said when she is in a bad harbour , so that she wanteth water to carry her out . and now ( my lord ) i have finished my task , concerning anchors and tides . adm. your next is to speak of all such boats as appertain to a ship of war , and of the appurtenances belonging to them . capt. the boats requisite to a man of war , that is a ship of war , are , the long-boat , the skiff or shallop , and the barge . adm. which is the long-boat , and what is her peculiar services ? capt. the long-boat is the strongest and the biggest of boats that may , and are hoised-in , into the ship ; and it serves for the portage of all weighty and burdensome things , that are to be conveyed unto a ship ; as her goods , her victuals of all sorts , if need be , and her great guns ; as also to land her men upon all occasions , and the like : and to her , in peculiar , belongeth her davit , which is set over her head , with a shiver in it , into which is brought the buoy-rope , wherewith to wey the anchor , which is also one main and especial part of her employment : she hath besides , ( as the other boats also have as well as her self ) her mast , and sail , her oars ; her tiller , which is in the nature of the helm in a ship : her thoughts , which are the seats where the rowers sit ; and her thowls , which are those small pins , between which the rowers put their oares when they row. adm. wherefore serves the skiff or shallop , that you spake of ; and what manner of boat is it ? capt. it is a smaller and a lighter , and so a nimbler boat then the long-boat ; and the peculiar employments of it , are , to row speedily , upon all occasions , from place to place , and ship to ship ; and it may more safely , and more conveniently be brought to a ships side , at sea , when the sea is somewhat rough , then the long-boat can ; and in it , commonly , the prime officers of the ship , use to ship themselves when they go for the shore , being in harbour ; and sometimes at sea , in a dead calm , this skiff or shallop being well manned with musketeers , will make good shift to take a small ship , that is but badly manned . adm. what boat is that you named the barge ? capt. barges ( my lord ) are well enough known , as being frequently in use upon every river , that leads to a rich city ; and at sea ( as well as upon rivers ) they serve rather for state and ease , ( as to carry the general , admirals , and prime captains ) then for any other peculiar service : only to them in particular ( besides what other boats have ) they have their bales , and their tilt ; and generally their seats are furnished with carpets and cushions . adm. what are the proper words of art belonging to the boats ? capt. in our sea-phrases , we say , swift the boat , which is to make fast a rope by the gun-wale round about the boat , and to that , to fasten the boat-rope ; and with this boat-rope , which is also termed the gift-rope , the boat is towed at the ships stern ; and by this swifting , the boat is well strengthened to endure her tow : to free the boat , is to cast water out of her ; to man the boat , is to put men into her , and these men are called the boats gang : to fend the boat , is to save her from beating against the rocks , shore , or ships-sides ; to wind the boat , is to turn ( which they call winding ) the boats head about ; a bolt boat , is such an one as will well endure a rough sea. adm. are there no other boats besides these belonging to a ship ? capt. there are usually no other boats but these that are to be hoised in ; for as for those cock-boats , wherries , and the like , they are but seldom used , and are indeed too tender and small to do any service at sea. adm. but what other vessels have you in use to attend great ships at sea upon any occasion ? capt. some great ships that carry very many men , and are not able to stow victuals enough for them for any long voyage or length of time , and being men of war , are besides much loaden with heavy ordnance , do use to be attended upon with victual and other necessaries , by some smaller vessels , as either hoys or catches . adm. what be these hoys and catches ? capt. the hoy is a small bark that saileth not with cross-yards , but with sails cut into the form of missensails , and so ( like carnels , which are much in use about spain ) will sail nearer the wind than any vessel with cross-sails can do . as for the catch , it is a smaller vessel than the hoy , and yet it is so built , as that it will endure and live ( as the sea-phrase is ) in any sea whatsoever ; and is withall of very good sail , and in that respect is very proper to attend upon great ships , upon the occasions and services aforesaid . and thus my lord , i have done also with your boats. adm. well then , go on according to your promise , and express somewhat concerning your ships great guns , and the parts and pieces belonging unto them . capt. somewhat ( my lord ) i shall willingly say , and especially touching those points and parts , which herein are used in sea-service ; for otherwise , to speak punctually and at large of all such particulars as appertain to this mystery , would require a treatise by it self . adm. i expect not you should pass beyond your sea-bounds . capt. i shall forbear also to say any thing touching the kinds of great guns , that ( as i conceive ) are fittest and most serviceable for sea-fights , until i come to speak of the choice of the best ships of war , and for the present , shall only name the parts of a ship wherein the ordnance use to lye , together with the carriages whereon they lye , and the necessary appurtenances due unto them . adm. in doing thus , you do very well . capt. the parts of a ship wherein the guns use to lye , are those upon the decks , on both sides of the ship , as also in the stern , in the gun-room , and else where , and likewise in the fore-castle and cook-room ; and the square holes , thorough which these guns lye out , are termed the ports , of which also , we shall say more hereafter . adm. what call you a tire of ordnance ? capt. when the deck of a ship hath great guns on both sides thereof , lying in a ranck from one end to the other ; this is truly called a tire of ordnance , and some great ships have two of these tires , the one under the other , and the fore and half-decks , being also furnished with guns , do make half a tire , and so the ship is said to have two tire and a half of ordnance . adm. what guns are those you term the chase-pieces ? capt. the chase guns in a ship , are those which lye as well right aft , as right forwards ; but when it is said indefinitely , that a ship hath a good chase , it is meant of her chase forwards ; and that is when she is so built , that she doth carry many guns to shoot right forwards ; and to the other , they use to add the word stern-chase . adm. what is the carriage of a piece of ordnance ? capt. it is that whereon the guns are laid , or ( as they term it ) mounted , for the word mounting a piece of ordnance , is with us ( and with all gunners ) taken in a double sense , for to put guns upon , and in their carriages , is termed mounting , and therefore they say , the ships ordnance are not mounted , when they are not laid in their carriages ; and when they are thus in their carriages , and are to make a shot at any mark or ship , they will say also , mount the piece higher , when they find that the mouth thereof ( which is termed the mussel ) lyeth lower than the mark ; but when they find that her mouth lyeth too high , then the word is , let her mouth fall . as for the word dismounting , it is used , either when a gun is taken out of her carriage , or is disable from use by some shot , or otherwise . adm. i pray proceed to describe the parts belonging unto a carriage for ship-ordnance . capt. the parts thereof are ; the cheeks , which are the sides of the carriage ; the bolts , which are rings , whereto are fastned the breeches and tackles of the ordnance ; the capsquires , or rather cap-squares , which are broad pieces of iron belonging to either side of the carriage , and serve to lock over the trunnions of the piece , over which they are made fast in an iron pin , having a fore-lock ; the hooks , the fore-locks , the axel-tree which bears up the carriage ; trucks , which are the wheels upon the axeltree ; the lince-pins , which keep on the trucks ; the beds , which are those pieces of thick planck which lye next under the piece ; the coins , which are those pieces of wood made wedge-like , which serve to raise or lower the breech of the piece at pleasure . and the breechings , which are those ropes which lash fast the great guns to the ship-sides . adm. what other appurtenances belong unto these guns ? capt. they are , the powder , whereof there are two sorts , the serpentine powder , which is not corned , and the corned cannon powder . the shot , whereof there are many kinds , as the round shot , which flies farthest , but doth least hurt ; the cross-bar-shot , which is a round shot , with a bar of iron put thorough it ; the langrel-shot , which is framed like a shackle , and may be shortned when it is to be put into the piece , and will fly out at length , when it is discharged , and it hath a half bullet , either of lead or of iron at each end ; and case-shot or burrel-shot , which is any kind of old pieces of iron , musket bullets , stones , or the like , which being put up into cases , are so shot out of great guns , to execute upon such as shew themselves upon the decks openly . to the use of these guns , belong also the ladles , which are pieces of copper put upon staves of wood , to convey the powder into the cylender , that is , the bore or concavity of the piece ; but these ladles are not conveniently used in a hot fight at sea , in respect as well of danger as tediousness ; but in lieu of them , they use carthrage . adm. what are these carthrages ? capt. they are bags made of canvass or thick paper , whose diameter or bigness in breadth , is to be somewhat less than the cylender of the piece that is to serve for , and withal , of such a length and breadth , as it may contain just so much powder as is a due charge for that gun ; and these are made upon pieces of wood made round , and fitted to the bigness of the bore of the piece they are made for , and these pieces of wood are termed formers ; also the hollow cases , being of latten , wherein these carthrages are carried about the ship , in time of a fight , to avoid the danger of being fired by the way , may also be named formers ; to which purpose also the budge-barrels are employed , which are small barrels , having a purse of leather made fast at the head thereof , and being filled with powder , are nevertheless preserved from the danger of being fired by these leather purses . adm. you named the trunnians of a great gun even now , and i shall but imperfectly understand this your discourse of guns , unless you tell me what they are . capt. my lord , they are only those knops or bunches of the guns metal which come from the sides of the guns , and do bear them up upon the cheeks of the carriages . adm. how do you understand this word metal , when it is referred to guns ? capt. when there is speech of the metal of a piece of ordnance , it is meant , not of the quality , but quantity of the metal whereof it is made ; as in the disparting of a piece , when they say the piece is laid under metal , the meaning is , that the mouth of the piece lyeth lower than her breech ; and so on the contrary , and when she lyeth point blanck , that is , right with the mark , then they say , that she lyeth right with her metal ; and if a piece have much metal in any part , the saying is , she is well fortified in that part ; and so on the contrary . adm. what is the disparting of a piece , and how is it performed ? capt. disparting is the finding out of the diameters , or difference of the thickness of the metals between the breech and mouth of a great gun , that so an equal and straight shot may be made , by laying of the mouth equal with the breech of the piece ; and this is to be done sundry ways , but the readiest and plainest way , is by putting in a straw or a small stick into the cilender or concavity of the piece by the touch-hole , and taking the true depth there , to set it in the same manner at the mouth of the piece , by which is visibly and exactly discovered the difference of the thickness of the metal betwixt the mouth and the breech of the piece ; the which , to make a good shot , must be mounted accordingly . adm. what mean you , when you say the touch-hole of a piece is cloyed , and what is the difference betwixt cloyed and spiked in this case ? capt. when any thing is gotten into the touch-hole of a piece , so that the purning-iron ( or rather priming-iron ) cannot make way for the powder , with the piece to take fire ; then the touch-hole is said to be cloyed ; and the touch-hole is said to be spiked when nails are driven into it , so that no use can be made of that gun by an enemy ; so that the difference between the cloying and the spiking of a touch-hole , seems only to be , that the one is cloyd by some chance , the other is done of purpose . adm. what is the priming-iron , and what is priming ? capt. priming , is the fitting and filling the touch-hole of a great gun with fine dry powder , and withal to put in a small sharp iron ( which is called the priming-iron ) to pierce the coats of the carthrages ; so that the powder in them may take fire . and if the powder in the touch-hole take fire , and the rest that is within the piece doth not , then the saying is , that the piece is not well primed ; to prevent which , the touch-powder is made small and extraordinarily dry , and the gunner hath it in a great horn by his side , when the ship is in a fight ; which horn is called the priming-horn . but this word priming , is besides used in a second sense , for the first colour or ground which is laid on in the painting of a ship , for others to come over it , is also termed priming . adm. now you mention a fight at sea ; what are those things besides which you term the fights ? capt. those wast cloaths which are hung round about the ship to blind the enemy , are called the fights ; as also any bulk-head afore or abaft , out of which murthering-pieces or small shot may be used under covert , or generally any other place , wherein men may hide and cover themselves , and yet use their arms , are named close-fights . adm. what are these murtherers ? capt. they are small , either iron or brass pieces , with chambers put in them ; and they are most usefully used at the bulk-head of the fore-castle , half-deck or steerage ; and they have a pintle , which is put into a stock , and so are fastned and traversed ; and the use of them is to scour the decks when an enemy enters . adm. what mean you by these chambers ? capt. they are charges made of brass or iron , which are put in at the breeches of murtherers or fowlers : and also that part , and so much of any great gun as doth contain in it the due charge of powder , is counted and called the chamber of the piece . adm. what mean you by the word amain , when you are to fight at sea ? capt. when a ship of war cryeth amain to another ship , it is as much as to bid defiance unto her , or to bid her yield ; also to wave amain with a naked sword , is as much as to bid another ship to strike her top-sails ; and to bid her strike amain , is to will her to let fall her top-sails . adm. how use you the word armed ? capt. when a ship is every way provided for a man of war , she is said to be armed . also a cross-bar-shot , is , in our sea-acception , said to be armed , when some rope-yarn or the like , is rowled round about the one end of the iron-bar that passeth thorough the shot ; and this is done , partly that the shot may the better be driven home to the powder by the rammer , but especially to prevent the sharp end of the bar , from catching into any honey-combs within the cilender of the piece , at the forcing out of the shot . adm. what are these honey-combs ? and what is this rammer ? capt. a rammer , is a staff with a round piece of wood at the one end , the outermost part of which round piece of wood is made flat , and is somewhat less than the bore of the piece that it serveth for ; and the use of it is , to drive home the powder close up to the breech of the piece , and the shot to the powder , and then the wadd ( that is , the stopple , which keepeth the shot from rowling out ) is put up close to the shot , and all this is done by this rammer ; and the work is named the ramming home of the powder , shot , and the wadd . and at the other end of most of these rammers , there are rowled about certain pieces of sheep-skins , fitted to the bore of the piece , so that it may go into the cilender of the piece full and close , yet not too strait ; and this is termed the spunge of the piece , and this spunge and rammer are sometimes fitted to the ends of a stiff rope , that they may be the better weilded betwixt the decks ; and it is to be noted , that a great piece ( especially if she hath made a shot a little while before ) is always to be well spunged before fresh powder be put into her , for fear least some sparks of fire be left within her , in some secret honey-combs , and so suddenly fire the powder , to the iminent danger of him that ladeth , that is , chargeth the piece . adm. well , and what are these honey-combs ? capt. they are certain holes or rugged parts within the concavity of the gun , wherein some sparks of dangerous fire may be lodged , as aforesaid . and these are all the particulars which i conceive necessary to be expressed concerning guns for the present . adm. you must then ( captain ) according to your promise , conclude this days conference with the explanation of such particulars and words of your art , as have been hitherto omitted ; and for my part , i shall do my best to remember them unto you , and do you interpret them for me . and first of all , i will begin with those you call awnings , and do you tell me what they are . capt. an awning at sea , is nothing else , but when a sail , or the like , is hung over any part of the ship above the decks , to keep off the sun or the dew . adm. what mean you by these words birth and birthing ? capt. when a due and fit distance is observed for ships , either at an anchor , or under sail at sea , to keep so off one from another , as not to be in danger to fall ●oul one upon another ; this is termed a birth . but birthing is also another thing , and that is , when a ships sides are raised or brought up . adm. what understand you by the brooming of a ship ? capt. when a ship is brought on ground , or on a careen , that burning which is then used with stuff , reeds , straw , and the like , to fetch off the old filth , is called brooming , and it is near a kin to graving , formerly mentioned . adm. how is the word a butt taken in your phrases ? capt. in sea-language , a butt is properly the end of any planck joyning to another , being on the outside of the ship under water ; and to spring a butt , is when a planck is loose at one end , and therefore great ships are bolted at the butt-heads , that is , at the plancks ends . adm. is not rabbeting a work also belonging to the ends of plancks ? capt. rabbeting is the letting in of the plancks to the keel of the ship , which is conveniently hollowed away , that the plancks may joyn the better and closer , and this is only used in the rake and run of a ship , and not in the flat flowers ; and this hollowing away , is called the rabbet of the keel . adm. what is your sea-cart ? capt. it is a geographical description of coasts , with the true distances , heights , courses , or winds leading unto them ; and this sea-cart is also called a plot ; so that to prick a plot , is to note down the traverse of the ships way , and comparing it with due and judicious observation , and thereby finding where the ship then is , to make a small prick in the plot in that latitude and longitude where you suppose the ship to be at that time ; and so by keeping account of the several days and ways to find out , and be able to guess how near or far off the ship is to the place you desire to be . adm. what mean you by observation , and what is the traverse of a ship ? capt. observation , or that which we call to observe , at sea , is only to take the height of the sun or stars with any instrument , whereby may be known in what degree of latitude the ship at all times is . adm. what mean you by a ships traverse ? capt. the traverse of a ship at sea , is the way or goings of the ship , with respect to the points of the compass whereon she sailed , and the angles which she made in going too and again , that is , in and out , as a man is said to traverse his ground , when he indenteth or gateth sometimes this way , sometimes that way ; and mariners use to note how many hours the ship hath gone upon every point , and what sails she had abroad all that time , and how near the wind she lay at that time , and so frame a judgment of the way she makes ; and all this they set down upon a board or paper , which they call a traverse-board or paper , the which being done , they draw a line from the place where they last were , to the place where they made the prick , or mark upon the cart or plot , and thereby guess at the whole course , and so how far the ship hath gone , and is advanced upon her due way ; and this is termed a dead-reckoning ; and if they can at that time observe ( that is , take the heighth of the sun ) and then find the observation and this dead-reckoning to meet at one , then they rest assured of the place where they are ; otherwise they trust more to the observation , and reform their dead-reckoning by it . adm. i pray describe your traverse-board or paper , that i may the better know it when i see it . capt. it is generally kept in the steerage , and it hath the thirty two points of the compass marked upon it , with small holes on every point , and small pegs fitted unto them ; with which , he that is at the helm doth keep account or a score upon the traverse-board , of how many glasses ( that is , hours ) the ship hath gone upon any point of the compass ; the which , accordingly is shewed to the master or pilot , who frameth his work , and maketh his judgment thereafter . adm. what understand you by cranck ? capt. a ship is said to be cranck-sided when she will bear but small sail ; to say cranck by the ground , is when a ship cannot be brought on ground without danger of an overthrow . adm. in what sense use you the word cut at sea ? capt. this word is used in various senses , as cut the sail , that is , to let it fall from the yard . a well fashioned sail , is said to be well cut . to cut the cable in the hawse , is when there is not time nor possibility to wey it so suddenly as some suddain accident requires , and then they are fain to cut it quite in two , hard by the hawse . and the like is sometimes times done when they are forced to cut the mast by the board . adm. what is disembouging ? capt. to disemboug , is when a ship passeth out of the mouth of some gulph , and a gulph is that piece of sea , which is large within , without any issue , and narrow at the mouth ; so that this phrase is only used at the issuing out of a gulph , not out of harbour . adm. what are those parts of sea you term sounds ? capt. any great indraught of sea betwixt two head-lands , having no passage thorough , is called a sound , as plymouth sound , &c. but when it is said the sound without farther distinction , it is generally taken of that in the east countries , by denmark , as being the most large and remarkable of all others . adm. what is that you call sounding at sea ? capt. it is to try with a line the depth of the water in the sea : also the sea-phrase is , sound the pump ; and that is when they put down a small line , with something that is weighty to carry it down , to know what depth of water there is in the pump . adm. have you not a sounding line , and a sounding lead ? capt. yes ; we have both . adm. what are the differences between this line and lead , and that line and lead that you have formerly mentioned , and named the deep-sea-line , and deep-sea-lead ; for both those , as well as these , serve to know the depth of the water in the place where they sound . capt. the sounding-lead is all one with the deep-sea-lead , only it is neither so weighty nor so long : but the differences betwixt the sounding-line , and deep-sea-line are many ; for the sounding-line is bigger than the deep-sea-line : the sounding-line is cut to twenty fathom , or not much more ; the deep-sea-line , to one hundred or two hundred sometimes : the deep-sea-line hath its first mark at twenty fathom , and so to thirty , forty , and so upwards ; whereas the sounding-line is marked , first at two fathom with a piece of black leather put into it , betwixt the strowds ; and at three fathom the like : at five fathom it is marked with a piece of white cloth , or white leather , and so marked no farther . and this sounding line may be used when the ship is under sail ; but the deep sea-line cannot be employed with any certainty unless the ship be brought on the back-stays . adm. we have nets for our fish-ponds , and rivers , that we term drags , but what are your sea-drags ? capt. whatsoever hangs over the ship in the sea , as shirts , gowns , and the like ; and the boat when it is towed , or whatsoever else that this way may hinder the ships way , when she is under sail , are termed drags . adm. what means your phrase of iron-sick ? capt. a ship or boat is said to be iron-sick , when the speeks are so eaten away with rust , or the nails so worn , that they stand hollow in the plancks , so that the ship doth take in water by them . adm. what is it to keckle , or to be keckling ? capt. this term is used to the cables , ( and ought to have been inserted , when i spake of cables ) and to the bolt-ropes , and is when the gauling of the cable in the hawse , or of the bolt-rope against the ships quarter is mistrusted ; for then some small rope is twined about these parts ; and this is named to keckle the rope . adm. how is the word taken at sea when they say , lash it ? capt. when any thing is bound up to the ships side , as pikes , muskets ; or a butt of water or beer to the main-mast ; or any pieces of timber , to make fishes or spare top-masts , are made fast to the ship without board ; this fastning is termed lashing . adm. but what are your lashers ? capt. these lashers are peculiarly and properly those ropes only , which bind fast the tackles and the breechings of the ordnance , when they are haled , or made fast within board . adm. what mean you by the word lasking ? capt. when a ship sails , neither by a wind , or directly before the vvind , then she is said to go lasking ; and it is all one as veering , or going with quarter vvinds , or going at large , or going room . adm. how use you this phrase , let-fall ? capt. it is generally used , for the putting abroad of any of the sails , when the yards are aloft ; but if the main-yard , or fore-yard be struck down , so that the sails may be loosed before the yard be hoised , then they say not , let fall the sail , but loose the sail. and this vvord of command is properly used , when they intend to put abroad the main-sail , fore-sail , and sprit-sail ; and for the top-sails , the proper term is , heave up , ( ro rather out ) the top-sails , because they always lye in the top : as for the missen the saying is , set the missen , and not let it fall . adm. vvhat signifies the vvord loom ? capt. the looming of a ship , is the shew or prospective of a ship ; and so they say , a ship looms a great sail , that is , she seems to be a great ship : and so on the contrary . adm. how comes it to be said , that a ship hath a lust ? capt. vvhen a ship heels to star-board or port , the saying is , that she hath a lust that way ; and this is said though it happen by unequal stowing in her hold , although more properly , a ship is said to have a lust to one side or other , when out of her own mould and make , she hath an inclination to lean to one side , more then to another , in her swimming . adm. how is a ship said to lye under the sea ? capt. when in a storm , the ship lies a hull , and the helm made fast a lee , so as the sea breaks upon the bow of the ship , and upon her broad side ; she is then said to lie , or to be laid under the sea. adm. what implies the word , man the ship ? capt. a ship is said to be manned , when she is sufficiently stored with men : but of this , more shall be spoken hereafter , i mean of the particular , concerning the sufficiency of the number of men. when a ship is to shew abroad all her men , it is also called manning of the ship : when they would have men to heave at the capstan , the word is , man the capstan : when men are commanded to go up into the top , the saying is , man well the top ; and the same they say of the boat : and when any man of fashion is at the ships side ready to come aboard , they bid , man the ship-side , and man the ladder , to help him in . adm. which be those nails you call speeks . capt. they are great and long iron nails , with flat heads and of divers lengths , some being of a foot or two long ; some of these speeks are ragged , which cannot be drawn out again . they are used in many parts for the fastning of timbers and plancks . in very foul weather , they use with these nails to fasten a coin or the like , unto the deck , close to the breech of the carriages of the great guns , to help to keep them firm up , to the ships-sides , lest they should break loose , when the ship rowls , and so endanger to beat out some butt head of a planck ; and this is called speeking up of the ordnance . adm. i remember you spake formerly , of these coins or quoins that belong unto the guns ; but have you not some other quoins in use besides ? capt. yes my lord , there are two kinds more of quoins ; the one is those which are termed cantique coins , and these are short ones , and made with three edges ; and they serve to put betwixt the cask in the hold to keep them from rowling one against another : the other quoins are called standing coins , and are made of barrel-boards , being about four inches broad , and of a due length to be drove in betwixt the end of the cask , about two or three hoops from the chine-hoops , to keep the butts from jogging . adm. vvhen you spake of speeks even now , you said nothing of marling speeks ; what are these ? capt. they are small nails of iron , made of purpose for the splicing together of small ropes ; as also to open the bolt-ropes , when they sew them into the sails . adm. vvhich are those you call mats a ship-board ? capt. they are not those , which you call mats on shore , though some fair ships there are , whose fair cabbins are matted even with them also ; but those which are properly our sea-mats , are broad clouts weaved of sinet and thrums , and some are made of sinet only : and their use is to preserve principally the main and fore-yards from gauling against the masts , at the ties , and at the gun-wale of of the loof ; they are sometimes likewise employed to keep the clew of the sail from gauling there ; as also upon the bolt-sprit , and beak-head to rescue the clews of the fore-sail . adm. vvhat mean you by the vvord mooring ? capt. to moor a ship , is so to lay out her anchors as may best fit , for the safety of the ship in her riding at anchor . and there are divers kinds of mooring : as to moor across or a-thwart , that is to lay out one anchor on the one side of a river , and another on the other side right against it , so as both cables may bear together as well for ebb as floud . to moor alongst , which is to lay one anchor right in the middle of the stream , and another right a-head : and this is done , where there is some perill of driving a shore ; because both the cables will in this posture , bear together , and so prevent that danger , if she should chance to fall in upon either shore . to moor water-shot ; and that is , as it were quartering , in a mean betwixt both the former , as being neither a-cross the tide , nor alongst the tide : also when the ship is brought into any place of rideing , the master and his mates , look out , and observe where , which way , and upon what point of the compass , the vvind or sea , is likliest to endanger the ship most , and there they lay out an anchor ; and this is termed mooring , for east , or west , or south-east , &c. as the point is , upon which she is moored : and it is to be noted , that a ship is not said to be moored , unless she have two anchors at the least , on the ground ; and yet if she have but one anchor , and a hawser a shore ( which is called a proviso ) they will say , that the ship is moored with her head to the shore . adm. i remember that towards the beginning of this dialogue , you mentioned the seams betwixt the plancks of a ship : but what seam is that which you sea-men term the monks-seam ? capt. this is a kind of sewing of the selvedge of the sails together , when the edges of the one are sewn over the edges of the other ; and so are sewed on both sides , to make them the most strong and lasting . adm. your talk of sewing here puts me in mind of your sea-word , when you say a ship sews , or is sewing : what is your meaning in so saying ? capt. when at low water , a ship cometh to lye on ground , or lye drie , the saying is , that the ship is sewed ; and if the water leave her in any one part only , they say she sews in that part ; and if it be a place where the water doth not ebb so much , as to lay her round about dry , they will say , the ship cannot be sewed in that place . adm. what is that you call the offin ? capt. by this vvord offin , is expressed as much , as to say , abroad and out in the open sea ; and so from the shore-ward : as when a ship is at sea , and hath the shore on one side of her , and at the same time , hath another ship on her other side to sea-ward , or ( as the phrase is ) to sea-board , it is then said , that that ship which is to the sea-ward of her , is in the offin : and also if a ship be seen sailing to the sea-ward , they will say , that she stands for the offin : and likewise , when a ship is passing thorough our channel , between us and france , and keeps her self in the midst of the channel , and so comes not near any of the shores , the saying is , that she keeps in the offin . adm. how use you your vvord off-ward ? capt. it is a term used , when the ship being a-ground by the shore , doth heel towards the vvater-side from the shore ; for then they use to say she heels to the off-ward ; and if her stern only lyes towards the sea , they will say , that she lyes to the off-wards , and her head to the shore-wards . adm. which is that part or place in a ship which you term a pallet ? capt. it is a room within the hold , sever'd and made close , in which , laying some pigs of lead , or the like weighty things , the ship may be sufficiently ballasted , with the loss of little of her hold ; that so the more thereof , may be employed for the stowage of goods . adm. of what extent is the word pitching , or to pitch with you seamen ? capt. pitching is not only the laying on of pitch upon any part of the ship , which is in our sea-phrase named paying : but when a mast , is put and let down into the step , the saying is , the mast is pitched ; and when the mast being in the step , seemeth to be placed too near unto the stern , they will say , that that mast is pitched too far aft , and so on the contrary ; and this is not meant by the head of the mast , hanging too much aft , but of the placing of the step too much towards the stern : also if a ship fall too much with her head into the sea , or if she beat extraordinarily against the sea , so as she may endanger her top-masts , they will say , that she will pitch her masts by the board . adm. what mean you by the word predie ? capt. it signifieth with us , as much as ready with you : as when a ship is to be made ready for a fight , the word of command is , make the ship predy , or make predy the ordnance : and a predy ship is when all her decks are cleared , and her guns and all her small shot , and every thing of that nature , well fitted for a fight : and likewise to make the hold predy , is to bestow every thing handsomly there ; and to remove any thing that may be troublesome . adm. how use you these words , round in ? capt. this term is used to the main and fore-sail , when the wind largeth ( that is groweth fairer ) upon them ; and the work belonging to it , is , to let rise the main tacks , or fore-tack , and to hale aft the fore-sheat to the catt-head , and the main-sheat to the cubbridge head ; and this is called rounding aft , or rounding in the sail ; and the sheats being thus , they hale them down , and keep them steady from flying up with that rope , called the passarado . adm. what mean you by the words , rowse in ? capt. they are words used particularly , when a cable or hawser doth lye slack in the water , and that they would have it made taught : as when a ship is riding but by one anchor , upon the turning of the tide the cable will be slack , and so in peril of being foul about the anchor ; and then to keep it stiff and taught , they hale in so much as lieth slack ; and the words of command in this service , are , rowse in the cable , or rowse in the hawser : and these words are not used in the haling in of any other ropes , but only of these , and in this case . adm. what doth your word rummage imply ? capt. it is to remove any goods or luggage out of one place to another , either betwixt the decks or else where . but most commonly this term is appropriated to the removing or clearing of any goods or lading in the ships hold , that so they may handsomly be stowed and placed ; and when this is to be done , the saying is , rummage the hold. adm. you have often mentioned heeling , and interpreted it ; but what is that you call a seel or seeling ? capt. there is no difference between seeling and heeling ; but that heeling is a constant or steddy lying down of a ship on one side , either when she is on ground , or at an anchor , or under sail ; whereas seeling is a sudain agitation , and violent tumbling , sometimes to one side , sometimes to the other ; as the sea doth forsake her , ( that is as the billow of the sea doth pass from under her sides , faster then her self can drive away with it ; ) at what time the ship being under sail is constrained to fall that way after it , and this is called seeling . and when a ship thus tumbles to the lee-ward , it is called the lee-seel , wherein there is no danger , though it be in a storm , because the sea will presently right her ; whereas when she thus rowls to the windwards , there is danger , lest she should come over too short , and too sudainly ; and so by the breaking of the sea right into her , she should either founder , or have some of her upper works quite carried away : so that seeling is no more , then a sudden heelings , forced by the motion and force of the sea and wind. adm. how do you take the word send , with you sea-men ? capt. when a ship , whether under sail or at an anchor , doth fall with her head or stern deep into the trough of the sea , ( that is into the hollow betwixt two billows ) the saying is , that she sends much that way , be it either a-stern or a head . adm. what is it to set the land , sun , or ship by the compass ? capt. this is by observing by the compass , how the land bears upon any point of the compass ; and is commonly used when a ship is going out to sea from any land , thereby to mark how the land bears off from them , that so they may keep the better account , and the surer shape their course : they use also to set the sun by the compass , and that is , to observe upon what point the sun is at that time , and so to know the hour of the day : they use likewise , when two ships sail in sight one of another , and especially when a man of war chaseth another ship ; to set the chased by the compass , which is to mark upon what point she beareth ; and then if they stand both one way ( as commonly they do ) and that the chased strive to make away ; by this it may be known whether the chaser gets upon her ( that is gains upon her ) or no ; for if the chaser brings her forwards on , she out sails him , if aft , the chaser out sails her ; if they alter not , they both go equally . adm. what are your shackles ? capt. they are a kind of rings , made somewhat long-wise and larger at the one end than the other ; their use is to shut fast the ports , having a billet thrust through them , which is called the bar of the port ; and the like to these , but smaller are made fast to the corners of the hatches , to lift the hatches up by them ; and these are termed the shackles . adm. what is your shank , or your shank-painter rather , for of shank you spake already ? capt. it is a short chain fastned under the fore-mast shrowds , with a bolt to the ship-side , and at the other end hath a rope fastned unto it ; and upon this chain doth rest the whole weight of the after part of the anchor , when it lieth by the ship-side : and the rope , by which it is haled up , is made fast about a timber head . adm. when is a ship said to go sheering ? capt. when a ship in her sailing is not steddily steered she is said to go sheering : also when a tide-gate runneth very swift , it will cause a ship to go in and out , and so not streight forwards ; and this is called sheering ; and this sometimes causeth danger lest she should sheer home her anchor , that is , draw it home ; or being near the shore , should sheer a-shore . adm. what be the sheer-shanks ? capt. this is a kind of knot , which is cast upon a runner when it is too long , so that they cannot hoise in the goods over the ships-sides , unless the runner be shortned ; and by this knot it is shortned at pleasure , and as sudainly let loose again . adm. what mean you by sheers a ship-board ? capt. when two masts or yards , or but two poles are set up an end , and are a prety distance off at the bottom , and withal seized across , one over another aloft near the top , this is stiled a pair of sheers ; unto this seizing is fastned a double block with a strap , and they are placed below upon the chain-wales of the shrowds , and these are lashed fast to the ships-sides , to keep them steddy aloft . and their use is , either to set in a mast , or to take it out , or else they serve to hoise in or out into boats , that have no masts , such goods as are to be taken in . adm. but what be those you call sheer-hooks ? capt. they are great hooks of iron about the bigness and in the form of a sickle , and they are let into the main-yard-arms , and fore-yard-arms ; and their use is , that when a ship under sail intends to board another ship , she with these hooks may spoil her shrowds , or tear her sails down with these hooks : but they are held dangerous , for the breaking of their own yards , if the hook should chance to catch in the other ships yards . adm. what shoal-water is , all men know ; but what is that you term goad shoaling ? capt. it is good shoaling , when the water ( coming towards the shoar ) grows shallow by degrees , and not too suddenly ; nor is sometimes deep , and sometimes shallow . and it is a very safe and commodious going in with the shore , where there is this good shooling . adm. what is the slatch of a cable ? capt. when any of the middle part of a cable or rope doth hang slack without the ship , or the cable it self , when it doth hang slack in the water , or the lee-tack , the sheats , braces , or the like , then the word is , hale up the slatch of the rope or cable . also when it hath been a sett of foul weather , and that there comes an interim or small time of fair weather , they call this a slatch of fair weather . adm. you have made mention of sundry kind of blocks , but not of the snatch-block . capt. this is a great block with a shiver in it , having a notch cut thorough one of the cheeks , by which they reeve a rope , and it is commonly made fast by a strap about the main-mast , close to the upper deck , and is chiefly used for the fall of the winding-tackle , which is reeved into that block , and so brought to the capstan . adm. what signification hath the word spell with you sea-men ? capt. to do a spell , is the doing of any labour or work for a short time , and then to leave it to other fresh men , to take their turn . a fresh spell , is when fresh men come to work , and to say , give a spell , is as much as to say , work in such a mans room ; and thus much for the word a spell . but when this word is a verb , as to say to spell , it is used when a sail hath much wind in it , and more than it can well bear ; for then they say spell the sail , that is , let the wind out of it ; but this word is most used to the missen-sail , so that when they will take in , or speek up the missen , the word commonly is spell the missen . adm. what is your spooning at sea ? capt. it is to put a ship right before the wind , being under sail at sea , and this is termed spooning afore the wind ; the which is generally done in some main storm , when they find the ship too weak to endure the lying under the sea ; for though a ship , when she spoons afore the wind , will rowl much , yet she strains not so much , and if she proves a dangerous rowling ship in spooning , so that necessarily she must be laid under the sea , or else will rowl her masts by the board , or should otherwise be in danger by the over raking of a sea , wherein fetching some desperate seel , she might chance to founder ; then they use to set the fore-sail to make her go the steddier , and this is called spooning the fore-sail ; but this is only done when they are sure of sea-room enough . adm. what is steeve or steeving ? capt. the saying is , that the bolt-sprit or beak-head steeve when they stand too upright , and not streight enough forwards ; also merchants call the stowing of their cottons , which they force in with a crew , steeving of cottons . adm. what mean you by the word stoaked ? capt. when the water in the bottom of the ship cannot come to the well , then they say that the ship is stoaked , or the ship is astoak ; and when any of the limber-holes are any way stopped , that the water cannot pass out , then the saying is , the limbers are stoaked ; also when any thing is gotten in , or about the bottom of the pump , that it cannot draw water , they then say that the pump is stoaked . adm. how use you the word stretch ? capt. this word is not taken at sea , as if it were to strein a rope ; but when they go to hoise a yard , or hale the sheat , the saying is , stretch forwards the halliards or sheats , which is as much as deliver along that part , which they are to hale by , into such mens hands as are ready to hoise or hale . adm. what mean you by striking , as strike the sails and the like ? capt. to strike the sails , is to pull down or abase the sails ; and when one ship strikes to another in this manner , it is a complement of respect and submission ; when a man of war comes up with a chase , if the chase strike her sails , it is a kind of yielding of her self ; also when a ship coming in shoal-water , beats upon the ground , she is said to strike ; likewise , when they would have any of the top-masts taken down , the word is , strike the top-masts ; and when they lower any thing into the hold with the tackles , or any other rope , they term it , striking down into the hold. adm. what call you a surge ? capt. they call a billow or a wave of the sea , a surge , and especially those that beat upon the shore . and likewise , when they heave at the capstan and the cable , chances to slip or skip back again , they will say that the cable surges . adm. what is a tampkin ? capt. both this word , and the word cap were forgotten , when i spake of great guns and their appurtenances ; for as the tampkin or tampin is a small piece of wood made fit for the mouth of any great piece , and so put into it to keep out rain or the sea-water from washing into the mouth of the guns , so the cap is a piece of lead fitted over the touch-hole for the same purpose , least any thing should cloy it . adm. what is it , when they say a ship is very taunt-masted ? capt. when a mast is extraordinarily tall for the proportion of the ship , then the saying is , that her mast or masts are very taunt . adm. when is a ship said to be tite ? capt. when a ship is taunch , and takes in but little water , she is said to be tite , and this is best known by the smell of the water that is pumped out , for the more the water stinks , the more tite the ship is . adm. what be your top-armours ? cap. as the wast-cloaths forementioned , called the fights , are to the cage-work of the ship ( that is , the rails ) so are the top-armours to the tops ; and they serve not only for shew and ornament , but also to shadow such men , as in a fight are there stationed , to fling either fire-works , or use their small shot . adm. what fire-works do you most use at sea in your fights ? capt. all such fire-works are fitly made use of in our fights , as may fire either the hulls , sails , or masts of ships , and such are fire-pots , fire-balls , truncks , brass-balls , granadoes , fiery arrows , and the like . adm. you have often used the words hale , hoise , and the like of that sense ; but what peculiar sense hath the word trise among you ? capt. this in propriety used , when any thing is haled by a dead-rope ( which is such an one as doth not run in any block ) nor is haled up by any other art or device than by hand and main strength ; as when an empty cask being made fast to a rope that is not a tackle , is to be haled , then they say , trise it up ; and the like , they say by any chest , or other goods fastned to a rope , and so by hand haled up into the ship. adm. what signifieth the word waft ? capt. to waft , is to convoy or guard any ship or fleet being at sea , as men of war use to do merchant-men . the word wafts is also used when signs are made to ships , or boats , or men to come aboard , or to any other the like intent . and these wafts are commonly the heaving abroad of some coat or sea-gown , or the like ; and the usual place to shew them out , is in the shrowds of the ship ; and it is in general , a token that the ship is in some extraordinary accidental danger , when these wafts are hung out in the main shrowds . adm. which is the wake of a ship ? capt. it is that smooth water which a ship makes a stern , when she is under sail , and it is also called the way of the ship , and by it , a good judgment may be given of the speed that a ship maketh in her going , as also , whether she doth go as she looks ( as they say ) that is , whether she makes her way as her head lies ; for if the wake be right astern , she then makes her way as she looks ; and on the contrary , if the wake be found a point or two to the leeward of her course , then the ship goeth to the leeward of her course accordingly . when the ship doth stay a-weather of her wake ( that is ) when in her staying , she doth it so quickly , as that she doth not fall to the leeward ; and that when she is tacked , her wake is to the leeward , it is a sure sign that that ship feels her helm well , and is nimble of steerage ; when a ship is in chase of another ship , and hath gotten as far into the wind as she , and withal saileth directly after her , then the saying is , that she hath gotten into her wake . adm. what are your wast-boards ? capt. they are most used in boats seldom in ships , and they are boards fitted to be set up on the boats sides , to keep the sea from breaking into them . adm. you interpreted the word stretch before ; but what are your stretchers ? capt. these also are only used in boats , and are only those woodden staves that the rowers set their feet against when they row , that so they may be able to fetch the stronger stroak . adm. in speaking of the wake of a ship even now , you said that it was also called her way ; but is not that which you term the way of a ship taken sometimes in a larger sense ? capt. it is so : for the rake or run of a ship is termed also , her way forward on , or aftward on ; as also when a ship sails well , they will say , that she hath a good way , or a fresh way : and likewise , in casting up their dead reckonings , they allow the ship her lee-ward way ( as they term it ) and that is somewhat to drive to the leewards , from that which she seems to go by the compass . and here ( my lord ) i have run thorough our world of words , and herein ( in respect to my memory ) i must confess my self beholding to the pains of some others that have laboured before me in this particular , or else we must have been put to it to have talked this dialogue somewhere on shipboard , where the sight of the parts and pieces would have served me as a nomenclator ; for had it not been talked of at all , i should , in my two ensuing discourses , have been thought to speak fustian , or at least , as one that instructed in a strange and un-understood language . adm. you have done well captain , and i thank you , and will study your language against to morrow , that i may the better understand it and you . dialogue the fifth . touching the best ships of war , and the ceremonies of entertainment . admiral . come on captain . the work of this day shall be a brief conference touching ships of war , and especially about such of them as you apprehend to be most serviceable and proper for the present times and occasions ; for having learned somewhat of your sea-terms in the precedent dialogue , i am now reasonable well fitted for the better understanding of this . capt. your lordship saith well , in saying proper for the present ; for it is certain , that every age and indeed every fifty years of time , taught by sense , and perhaps beaten unto it , by being beaten , after a tedious travail , brings forth some new birth or other to free it self from the old burthen : as for example our saucy neighbours the dunkirkers , finding it to their cost , how short they fell of matching with us at sea , in the late queens time ; and in what peril they then adventured to pilfer abroad : to remedy this and secure themselves , they have of late fitted themselves with ships , ( though not great ) yet of extraordinary sail ; whereby it is come to pass , that ( as the sea word is ) they can take and leave upon all our ships at pleasure , that is , they can out-sail and fetch them up , when they find themselves too strong for any of our ships ; and run as fast away from them , when they perceive themselves over-weak to deal with them . adm. they need no greater advantage than this to work their wills on us . cpt. it is true ; and this hath been one main reason and a true cause of those frequent braves and bold darings that they have put upon us of late days ; and that they have brought so much loss upon our complaining merchants , and we taken so little revenge upon them . adm. i believe it well . but why should not our ships sail as well as theirs ? capt. of these there may be many and sundry causes , as , the size of some of our ships ; for it cannot be expected , that a ship of any extraordinary burthen ; as of eight , or six hundred tuns , being heavily laden with ordnance , should possibly sail so yare , or nimbly , and make so good way , as another ship that is lesser and lighter . the fashion also and frame of a ships make and building is very considerable , in the point of her sailing : for the long rake of a ship forward on ( as most of the french and some of these dunkirkers have ) give a ship great way ; and withal makes her to keep a good wind ; but then care must be had ( as aforesaid in the last dialogue ) that she have a good full bow , lest she pitch over much into a head-sea ; and the longer her rake is , the fuller must be her bow , to preserve her from being over-charged with her rake . and the very same may be considered in the run of a ship ; the which being long , and coming off handsomly by degrees , that so the water may come the more swiftly to her rudder , and so help her steerage , is of main importance likewise , for a ships good going . and it is to be noted , that the narrower the rudder of a ship is ( if she will feel it , and that she have a fatt quarter ) the better it is for this purpose ; because an over broad rudder holdeth much water , whensoever the helm is occasionly put on the one side ; the which must needs hinder the ships way . the setting and sitting of the masts of a ship also , is very material in this case ; for if she be over-masted , either in length or bigness , it will over-charge her , and so make her to lye down too much to a wind ; for the more upright a ship sails , the better she sails : and if she be under-masted , she then loseth the benefit and advantage of the spreading of a large sail ; which must needs hinder her sailing that way . there is much care and consideration to be 〈◊〉 likewise , as touching a ships sailing and working , in the point of the staying of her masts : for generally the more aft ( flemish like ) the masts of a ship do hang , the better the ship will keep the wind ; and some ship require the stay to be taught , others slack ; the which must be caught by practice and observation . to this end also regard is to be had , that a ship be not over-rigged , for this ( as hath formerly been touched ) is a great wronging to a ships sailing , by reason that a small weight aloft , hinders more than a great one below : for it must needs make her stoup , and in a good gale of wind to lye too much with her quick side in the water ; especially if she sail by a wind : and a cranck-sided ship can never sail well : so that these particulars , or any one of these , as they are more or less punctually observed , or neglected , do work much towards the good or bad sailing of all kinds of ships whatsoever . though perhaps , the more particular cause of our ships being so generally out-sailed by the dunkirkers , and french , is ( as i conceive ) in that for the most part , they are built so strong , and ( consequently ) heavy , and so full of timber and timbers : we building ours for seventy years , they theirs for seven : we for stowage , they for stirring . adm. and yet i have often heard it confidently spoken , that our english ships in general , and especially those of his majesties , are the primest ships of war in the world. capt. i deny not , but that in the composition of a royal fleet , the which being to meet with another the like , seek out one another , with a resolution to fight it out , and to set up their rests , upon a main battel on the main sea , there are no better nor braver vessels swimming on the seas , then are our english ; and chiefly those of his majesties royal ships , which are indeed the very castles of the ocean . and yet let me say thus much , that even in a royal fleet , thus composed , and thus disposed , unless with them there be a mixture of some of these lighter sort of ships , and some of those nimble and prime sailers , it must needs prove it self but like a huge gyant , strong and perhaps invincible at a close and grapling , but weak and lame in his legs , so that any active and nimble dwarf may keep out of his reach ; and doing so may affront and scorn him , nay hurt and endammage him , without receiving the least hurt or danger from him again . adm. by this it seemeth to me , that it may be collected and concluded , that one hundred sail though but small ships , being good sailers , may be able to make a good party , with full the like number of any ships whatsoever , that are heavy ships , and but bad of sail ; or at the least that these small ships may chuse , whether they will take any harm by these great ones or no. capt. i dare affirm ( my lord ) that not only one hundred sail of such ships , but even half the number or less , being well manned and sufficiently provided , may not only 〈◊〉 a saveing business of it , but have the better , and the advantage , in an open sea , of any hundred ships whatsoever , that sail but badly , although they look never so strong and big on the matter . adm. i pray demonstrate this ; for otherwise it will be hardly believed . capt. these hundred ill sailers , though big ships , when they come to the battel , must either be put into close or open order ; if into the close , the good sailers ( who hereby can take and leave , where and when they will ) by charging them upon any angle , shall force those they charge , to give some ground , and so to fall back and retreat upon their next fellows ; in which falling back , as many of them as entangle , and fall foul ( as ten to one but many of them will do ) do become hereby utterly unserviceable : and withal these good sailers , shall force and overpress the hundred bad , with their very ordnance ; for being nimble , and agile , and having scope and sea-room enough , by clapping into the wind , and bringing themselves on the back-stays ; after they have bestowed one broad-side , they may suddenly give the other : the which the hundred , by being so close one unto another , and heavy ships withal , shall never be able to do ; so that these smaller and nimbler ships , shall batter and beat upon the hundred , with a continual peal of ordnance , whereas the hundred cannot by any means use nor employ save one and the same beaten side . adm. this may well be so indeed , when the hundred ships are compelled to fight in close order : but how if they shall find opportunity to put themselves to a due and fit birth and distance ; how will it pass with your good sailers in this case , being that they are but half so many in number ( as you have propounded them ) as the other . capt. and even in this case ( my lord ) ( though it be at the very best that can be hoped for , for great ships bad of sail ) it is very probable , that the good sailers ( who being nimble ships , may charge at pleasure , or not charge , as they find cause ) shall prevail , either against those that are in the rear ; or upon any such of them , as by any accident shall be separated from the rest of their fleet , or the main body thereof . and besides , if the fight shall happen to be upon any lee shore , and that any of the great ships , next the wind ( for the small ships will be sure enough to keep to the windwards of them all ) be forced ( as it may well be ) to retire upon any of their own squadrons , it is then all to nothing , but that the whole hundred of great ships , by falling foul one with another , shall either suffer shipwrack upon the shore , or be constrained to render themselves to their enemies . adm. for mine own part , i find not how to confute you in any thing that you have delivered in any of these particulars , for i find good reason in whatsoever you have said . capt. and i assure my self ( my lord ) that there is no sea-man , who understands both the language and the reason , that can find any ground of opposition herein neither , unless it chance to meet with some one , more possessed with the spirit of contradiction , than with reason or sense . adm. well then , give me in brief your opinion and judgment , what kind and manner of vessels those are , that you most approve for ships of war to serve according , and best , to the present occasions and use of the time . capt. and i say ( my lord ) that as touching their burthen and bulk , i shall make choice of those of the middle rank ; for these well moulded and fitted as aforesaid , are commonly the best of sail , and withal will bear a stout sail , and are generally also nimble and yare of steerage , and withal of convenient force , in any service whatsoever , as well for chases , as fights both offensive and defensive . adm. but what say you touching the fashion and form of their building and contriving ? capt. i say that the three deck't ships , built flush fore and aft , without any falls or steps up or down ( which both hinder the ready passage of men too and again , and pester the ship besides ) and that have double fore-castles , and their bulk and cub-bridge heads full musquet proof ; and so in flank one with another , as that they may every way scoure their decks with their ordnance laden with case-shot , and having loop-holes for the musqueteers in covert , commanding every inch of them abroad ; are thus far ships impregnable , that they are not to be forced by any boarding , unless given up by treason or cowardice . but in these ships a prime care and regard is to be taken that they be roomy betwixt the decks , where the ordnance lye , that so the guns may be the more easfully managed , and that those that plye them may make the surer shots , and be the less annoyed with the smoak of the powder ; and a care is likewise to be had , that in the laying of their decks , the lower tire of guns be not lodged too low and near the water ( an error found committed in too many of his majesties ships royal that are of the old building ) but that the lower tire of guns may be carried out in all sighting weathers , without peril of taking in of water at any of their ports ; and it is also to be observed , that these ships be not over-flote built ; ( a fault amongst some others in some of those late built pinnaces called the whelps ) for being so , unless the staying of their masts be very much aftward on , they can never sail well by a wind , but proving leeward sailers , they will be soon eaten out of it , in a chase of any length : it is to be required also , that the bows and chases of these ships be so contrived , that out of them they may shoot as many guns right forwards , and bowing , as possibly may be ; and that the ports be so cut out , as that the guns lye not right over one another , but so , that upon the least yaw of the helm , one piece or other may still be brought to bear : to which end also the ports are to be made so large , that the guns may be every way traversed . adm. have you not some ratable and allowed proportions for the size of all ports ? capt. the ordinary rate is of about thirty inches in breadth for a demy-culverin ; and so may answerably be considered , higher or lower for all other kinds of guns , that are fit to be carried aboard in any ship whatsoever ; which are to be bigger or lesser , as the ship is of more or fewer tuns in burthen . adm. but what are the sizes of great guns , which you hold to be best , for the best ships of war. capt. these sizes being ( as i said but now ) to be always proportioned to the sizes of the ships , that are to carry them ; and the best sizes for ships of war being ( in mine opinion ) from four hundred , to eight hundred tuns of burthen ; i may hereupon conclude , that the main of their ordnance , is to be from a saker at the lowest , to a demy-canon at the highest ; and so to be chosen and brought aboard according to the burthen of the ship : for though some few minions and murtherours may be usefully placed in some particular parts ; and some morter-pieces , and canons-pierries , may be had also , to do execution upon a boarding , yet for the generality of service , and so of ordnance i cannot approve of any , beyond the weight of a demy-canon , in respect of their unmanageableness at sea , nor of a lower degree than is a saker , as being otherwise of a small and unprofitable effect and execution . adm. what say you to those kind of canons termed courtaux ? capt. i fear not to say , that in respect of their boystrous reverse , they are both troublesome and dangerous , and in regard of their over-shortness are of little or no execution , beyond the common morter-piece . adm. what think you of those new light kind of pieces that are called drakes ? capt. as for these my lord , howsoever in regard of their lightness , they may seem very desirable , yet in respect of their unruly reverse , which is caused by their lightness ; so that they are not to be used on ship-board , unless their trucks and carriages be so framed , as by the streightness of the trucks , their reverse may be hindred ; and that being so framed , they become thereby well nigh as unmanageable as any of the heavier pieces , and are besides , by reason of the thinness of their metal , very quickly so over-heat , as not to be used in any long and hot fight : it is therefore my judgment of these also , that they are not to be held in any great account for services at sea ; so that i shall rather by far make election of those kinds of guns formerly mentioned , and anciently known , than of any of these new devised ones : and then whensoever all the forenamed particulars touching ships of war shall be punctually observed , and those ships aptly and thoroughly fitted with those kinds of ordnance as i here prescribe , i shall for mine own part conclude , that these are the only vessels and men of war , that i would make choice of to serve and fight in : and that not only for the taking short of dunkerkers , and such like , as shall infest our channels and coasts ; but for the intercepting also of all rich and desirable prizes , in any part wheresoever , or for the making and maintaining of any fight , or kind of battel , with any fleets or ships that swim on the seas . adm. i am well satisfied with this your relation . and now captain , since it is yet but early day , we will make up this days discourse , with somewhat of sea-complement , and naval ceremonies ; for our ships of war , being once on flote , and predy , it is to be expected that some good company will come aboard ; and therefore it is fit to know how to entertain them at their coming with due and decent ceremonies : the which howsoever i believe to be various , according to the customs of several nations , and more or less as the persons are , upon whom they are to be practised ; yet i desire to hear somewhat of every particular , and especially of such of them , as have been and yet are , most in use with our selves . begin therefore i pray with those ceremonies that are usual and proper for the entertainment , either of the prince himself , or his high admiral , or any of his generals , when they come aboard of any ships of war. capt. i shall my lord. notice being given , that upon such a day , the king in person , or the high admiral of his kingdoms , or some general of a present fleet , intendeth to visit any of his chief ships , before they go to sea , and to be publickly , and with ceremonies , received and entertained aboard . by the break of that day , the ship is in every part to be made neat and predy , and to be trimmed with all her flags , ensignes , and pendants : and the ships barge , to be sent from the ship to the shore , early in the morning , well furnished with carpets , cushions , tilt , and the like ; the cockson with his whistle , in her stern to steer , and the barges gang , in their cleanlyest cloaths , or liveries , to rowe ; and as soon as the prince ( or any of the forenamed commanders ) hath set foot within the barge , the standard royal , or the flag is to be let fly or heaved out in her head , the which flag or standard is afterward , at his coming aboard the ship , to be put abroad in the main top. upon the first kenn of his barge from the ship , the ships decks , tops , yards , and shrowds , are all to be thorougly manned , and as it were hung with men : upon the nearer approach of his barge , the noise of trumpets are to sound , and so to hold on , until he come within less then musquet shot of the ships-side : at what time the trumpets are to cease , and all such as carry whistles , are to whistle his welcome three several times , and in every interim , the ships whole company are to hale him with a joynt shout after the custom of the sea. as soon as the vvhistles and the shouts of salute have done , the trumpets are again to sound his welcome to the ships-side ; and the ships-side , and ladder being thoroughly manned with the primest and best fashioned men , the captain is to stand ready upon the deck , by the ships-side to receive him ( if he be the prince ) upon his knee , and thence to conduct him into all the principal rooms and offices of the ship , and at last into the great cabin , royally furnished to his retirement and repast : and being at his meat the musick is to be at hand , and all the guns to be ready laden and primed , that he may command what healths he please . and thus having entertained him , and fully informed him in all his demands ; he is in the like manner to be waited upon at his departure , and to be conducted to his barge , as he was received : and being in his barge , after that the trumpets have sounded a loath to depart , and that his barge is falen off a fair birth from the ships-side , he is to be saluted with so many guns for a farewel , as the ship is able to give , provided that they be always of an odd number . adm. and why odd ? capt. the number of odd , is in these ways so punctually and strictly observed at sea , that whensoever they are given even it is received for an infallible sign , that either the captain , master or master gunner is dead in the voyage ; and this farewell of guns , is also in use , whensoever the prime passengers , and especially the captain , doth leave the ship at the end of any voyage . adm. since you have ended this ceremony with the giving of guns : i pray proceed to all other particulars , wherein guns are used in this nature . capt. the fond and foul expence of powder in these kinds especially by the english , ( who herein are the vainest of all nations , as using it in every ordinary feasting and health-drinking ) is very much to be condemned , and hath lately been providently restrained by his majesty in all such ships as are in his service . nevertheless some motives there are , the which may not only allow , but ( in mine opinion ) require somewhat to be done in this very manner and that not only for jollity , and ceremony , but as of some use and benefit withal ; and these being those ( as i take it ) of which your lordship is now desirous to be informed , i shall do my best to call my memory to account for them . adm. i pray do so . capt. i say then , that if any ship , or fleet , either of our own or strangers , whether merchant men or men of war , shall come up any thing near ( as within reach of cannon shot ) with any of his majesties ships , either at an anchor or under sail , it becometh them to pass under her lee , after the custom of the sea , and in their going by , to salute her , with one , three , or five great guns , the which are to be answered with fit correspondency . and this i conceive fit to be done , not only in regard of an acknowledgment of superiority to the ships belonging to his majesties , especially in all our channels , but that by an expectance and looking out after this , all treacherous attempts , that may be plotted , by a stealing upon them to the windwards , of laying of them aboard , either with fire-ship , mine-ship , or the like , may seasonably be prevented and avoided . adm. this is indeed in these respects fit and necessary to be continued , nor can it occasion much idle expence of powder ; for the motives are not met withal often . capt. i opine likewise ( my lord ) that all ships whatsoever , ( though of his majesties own ) when they come to an anchor , under the command of any of his castles , are to give some guns , the which are to be respectively answered by the castle or fort ; that so a due and timely notice may be taken one of another , and all practices , suspicions , and mistakes avoided , by making known one unto another what they are . ad. i find cause for the continuance of this also , go on . capt. it is the general custom also , upon the death either of the captain , master , or master gunner of a ship , when they are at sea , at his throwing over board , to ring his knell and farwell with some guns , the which ( as i said before ) are to be always of an even number ; and the which custom , for respect and distinction sake , i think fit enough to be held on . adm. and i too : proceed . capt. it is the use likewise ( though this be rather a part of a punishment than a complement , as was formerly noted when we spake of sea-punishments ) that when any ossender is ducked at the main-yard-arm , to shoot off some one , or two pieces of ordnance , at the instant of his falling into the water ; the which is done , as well to make the penalty the more terrible , by troubling and astouning him with noise , when he is over head and ears in the sea , as to give knowledge thereof to all the other ships of all the fleet , that they may look out and beware . adm. be this allowed also for my part . capt. it is the use likewise , when any ship of the fleet is sent abroad , and chanceth to meet with a prize and taketh it , at her return into the fleet , having her prizes following of her , and her prizes colours hung disgracefully , under her own , at her stern , to pass under the lee of the admiral and in a jollity and triumph to give some guns . adm. this expence of powder may well be allowed , for there is somewhat gotten to pay for it . capt. when ships have been long in consortship at sea , and are to part several ways upon their occasions , it is the custom to take a leave and farwell , one of another with some guns . adm. this being a complement of civility , it is fit to be continued ; have you any more of this nature ? capt. there are some other way ; wherein powder is spent , or rather mispent , as in drinking of healths , and the like idle and vain fooleries : so utterly unfit to be held in practise , as i assure my self your lordship will take no content in the rehearsal of them ; neither indeed do i mention any of the former , as of any such real necessity , but that they may be well enough forborn , wheresoever , and whensoever , powder is seant ; for it is true that they are of the right nature of all other ceremonies , as having much more of the superficial than of the substantial . adm. well let us leave them out then , and in their stead let me hear somewhat from you , about the ceremonial custom , and use of carrying out of flags . capt. flags ( my lord ) to speak properly , are only those which are carried out in the tops of ships , and they serve , as badges , and that as well for the distinctions of nations , as officers and commanders : and so the admiral of a fleet or squadron hath his flag in the main-top , the vice admiral in the fore-top , and the rere admiral in the missen-top , with the crosses or colours of their nation and country-men . and thus far it is usual and common even with fleets of merchant men , agreeing amongst themselves for the admiral ships in this kind . but in a fleet royal , consisting mainly of men of war ; whensoever either the prince is there in person , or his high admiral in his room , there is carried out in the main top of the admiral ship , where he himself is , instead of one of these ordinary flags , the standart royal , which is the arms of his kingdom . adm. and may no man but the prince or his high admiral carry out this royal standart ? capt. it is not usual , that any others do ; nevertheless , as it is in the power of the prince to tranfer his favours at pleasure ; so in my time i once saw this standart carried out during a whole voyage , when neither of both were present : but ( as i take it ) it was a grace extraordinaand cannot be challenged by any general ( quatenus a general ) though of a fleet royal , save only of the high and chief admiral . adm. what are the observations and respects due unto these flags , when they are thus seen flying abroad . capt. that all ships and fleets inferior , ( either in respect of right of soveraignty , place , or the like respects ) are tied to express an acknowledgment and submission , by taking in their own flags , when they meet with any others , being any way justly their superiors : as in the case of soveraignty in our narrow seas , which hath been long claimed , and made good too by the kings of england : if therefore any fleet whatsoever , shall , in any of those parts , meet with any admiral of his majesties , giving notice of her self , and having her flag flying , and shall not submit to this acknowledgment , by taking in all her flags , she may and is to be treated and used as an enemy . adm. although this be never so reasonable and just , yet i believe , that it will no longer be observed any where , but where fear and force shall work it . but captain how if two of his majesties own fleets or squadrons of fleets , being abroad in his majesties service , under the command of two distinct and equally absolute generals or admirals , shall ( by any accident ) meet one with another at sea ; how is this ceremony to be passed and carried betwixt them in this case ? capt. truly my lord , i see no cause , that being both generals and commanders , under one and the same princes commission , and as you put the case , without all relation or inferiority or superiority one unto another , in any point of command , but that both of them may , and ought to keep abroad their flags , although there should be found some personal in-equalties betwixt them ; as the one ( perhaps ) a lord , the other a gentleman . and i have heard it argued , and concluded , that the admiral of the english narrow seas , is to carry out his flag in all companies and fleets whatsoever , unless the standart of england be flying abroad , which is as much as to say , unless the prince , or his high admiral be there in their proper persons . adm. but what if any of his majesties admirals come up under the command of any of his castles , is he then to carry out his flag yea or no ? capt. there is no equal understanding man can deny , but that he is of due to carry out his flag , though he come to an anchor there ; for the one being his majesties fort at sea , as well as the other 〈◊〉 land , and both of them employed in his majesties service , and the commanders being distinct in their commands , and without all relations of inferiority , or dependency , there is no cause or ground to be found , for a submission on either side . it is sufficient ( as i said before ) that they salute one another with some guns , and that the comer in begin first . i know well , that there have been some land commanders , who have hotly argued to the contrary ; but until i do find them less partial , and more reasonable , they shall give me leave to dissent from them in this particular : for whereas they think to speak much for themselves in saying that the land fort is a setled one , and the sea fort , but a wanderer ; they herein speak against themselves , since that fort seems to be more preferable , which may do his majesty service in more places then one , then that which can do it but in one only . but howsoever sure i am , that this point of challenge is not hitherto decided for them , in any of the martial courts of england . adm. nor is it fit that friends , and fellow servants should fall out about ceremony . but what other flags have you at sea , and what are their uses ? capt. as i said before , in strictness of terms , these only which are carryed out in the tops , are to be called flags , the other are named the colours or ensigns , and pendants . adm. wherefore serve the colours or ensigns , and where are they to be placed ? capt. they are placed in the sterns or poops of ships ; and very few ships there are , whether men of war , or merchants , but have one or more of them . and the especial service and use of them is , that when any strange ships meet one with another at sea , or make into any harbour , by puting these ensigns abroad which ( as before said ) is in sea-language termed the heaving out of the colours in the poop , they manifest , and make known of what part and country they are : and thus the english heave out their colours with st. george's cross in it ; the scotish with st. andrew's and so all the rest , with some note and peculiar distinction , whereby they may be known . adm. serve these ensigns for no other uses but this ? capt. for many uses besides , by way of direction , as we shall shew hereafter , in the ensuing dialogue . adm. what serve the pendants for ? and what are they ? capt. a pendant is a long kind of streamer of silk or other stuff , cut pointed out towards the ends , and there slit into two parts . the use of them is , in fleets to distinguish the squadrons , by hanging of them out in the tops ; as all those ships of the admirals squadron , hang them out in the main-top ; those of the vice admirals in the fore-top ; and those of the rere admirals in the missen-top ; and here also they are of different colours . they are likewise used in great ships , ( and especially those belonging to his majesty , ) for triumph and ornament , and are then hung out at every yard-arm , and at the heads of the masts . adm. are there no other uses for them ? capt. no , neither do i know of any farther employment for any kind of flags or ensigns than those before mentioned . adm. what other sea ceremonies have you then ? capt. some sew others we have , which are used in the haling of ships , and in the mannerly coming up with them , when they are found to be friends . adm. i pray let us hear somewhat of these also , though it be but breifly . capt. your lordship hath heard somewhat of these already , as well in the begining of this dialogue as in the next before it , so that i shall only touch upon them here again , with some addition of some others in that kind ; i say therefore , that when strange ships meet at sea , it is the custom that the better ship ( especially being a man of war ) calleth first unto the other , to know whence he is , and whither he is bound , and then the common word is , hoe the ship , and the other answers hae , &c. and this is termed haling . and many times , it they fall out to be respective friends or good acquaintance , they salute with whistles , and trumpets , and the ships company give a general shout on both sides ; at which time also , it is punctually observed , that the inferior ship , either in respect of worth , or employment doth pass by under the others lee ; for at sea , if a small ship ( especially being but a merchant man ) shall come up with a man of war to the windwards , ( though both be of one nation and party ) it is held as unmannerly and unrespective a trick , as if a constable of a parish should justle for the wall with a justice of peace , dwelling in the same hundred . but to say sooth , there is more than ceremony in this ceremony ; for many advantages may be lost , and dangers incurred , by the suffering of ships to come up with them to the windwards , and therefore no true and well practised man of war will endure it , if he can by any means help it . and touching the reasons hereof , your lordship may hear when we are to speak of sea-sights . adm. let them be left then till then ; and in the interim , go on with your ceremonies . capt. the only one , that i can remember , ( unspoken of ) is that of striking or lowering of the top-sails ( as they call it ) and this is , when any inferior ship or fleet , being to come up or to pass by , within reach of the cannon of another fleet , more eminent in any respect than it self ; that then all the admirals of the inferiour fleet , do not only strike all their flags , but that every particular ship of that fleet , as they come up , with the admiral of the other ( by way of an acknowledgment of a respect and submission ) do strike all their top-sails upon the bunt , that is , do hale them down , at the least half mast high . and this respect is also due , to all his majesties forts of command , and is requirable from all ships whatsoever ( not being of his majesties own , nor in his service ) when they are to pass by them within reach of cannon shot . and if any ship whatsoever , shall pass by any pallace of his majesties , wherein himself is then in person , so that it be the court , she is to do the like , and withal to give some guns . and thus i have given your lordship the best satisfaction , that my poor ability , and mean memory , could perform in all the particulars , touching the best ships of war , with those sea-ceremonies , and naval complement , that belong unto them . adm. and i thank you for it captain , and shall be glad , and will expect to find you here again to morrow . capt. i shall not fail to wait . dialogue the sixth . about the ordering of fleets . in sailing , chases , boardings , and battels . admiral . captain , in our former discourses , we have chosen our commanders , ●itted our common men , victualled , and shipt them , with the ceremonies thereto belonging . let us now bring them into action . and in the first place ( to begin orderly with a march ) give me your opion , concerning the best forms for great fleets to sail in , and to hold company together , with comlyness and conveniency . capt. your lordship cannot but have heard of the ordinary and general way , which is to divide them into three squadrons ; the admirals squadron , the vice-admirals , and the rere-admirals ; the which being distinguished by their flags and pendants , are to put themselves , and ( as near as may be ) in their sailing to keep themselves in their customary places : as the admiral with his squadron to sail in the van , that so he may lead the way to all the rest , by the view of his flag in the main-top , in the day time , and by his light or lanthorn in his poop in the night . the vice-admiral and his squadron , to sail in the battel or middle of the fleet. and the rere-admiral and those ships of his squadron , to bring up the rere . this i say is the most common and usual order for the sailing of great fleets : only in the spanish fleets , that yearly go for the west-indies , the vice-admiral brings up the rere ; but this is , because , for the most part , those fleets have no rere-admirals at all . adm. and what think you of this old and ordinary order ? capt. i mislike it not , yet withal affirm , that in great fleets , consisting of fourscore sails or upwards , the divisions into more squadrons , will be very necessary and useful ; and being proportioned into five , the order in their sailing cannot but be very advantageous and serviceable , if the two squadrons composed of the lighter ships , and best sailers , shall be placed , as wings to the van , battel , and rere of the rest of the fleet. adm. wherein serviceable and advantageous ? capt. first , in the facillitating of all commands , and the publishing of all instructions : the which being sent from the admiral general , to the admirals of the squadrons , may hereby ( by their being more in number , and having the fewer ships in their squadrons ) be by them dispersed and imparted to every particular ship of the fleet , with the more ease , certainty , and speed . and surely , the short intelligences and ( by consequence ) executions , through the want of this mean and course of conveyance , have occasioned ( in some actions that i have been in ) upon mine own knowledge both ignorance and disorder . secondly , in that all the ships of every squadron may also , with more certainty and less hazard of falling foul one upon another , come up with their several admirals at all times , and so by speaking with them , at the least once every day , receive all fresh order and advices , upon all new and sudden occasions . thirdly , in that every squadron of the fleet , taking a care to keep themselves together , and to birth themselves at a fit distance , ( as within kenn one of another ) may hereby spread the more sea , and thereby discover every way farther about , upon all strange ships and fleets whatsoever , that shall come in their way . and fourthly , in that , when any such are discovered , they may ( by this order ) be in a better readiness to chase them , and in more likelyhood to fetch them up , and speak with them . adm. i well approve of all these reasons : but withal conceive that the difficulty must needs be great , for any fleet consisting of many ships , whereof some are good of sail , some bad , some great , others small ; to keep together unsevered , and especially unconfounded in the squadrons , in the least foul weather at sea. capt. i confess that the difficulty is indeed great , yet may be much eased by due care and observation ; the which is to be so much the more , in regard that it is a point of great consequence . to which end also , besides the common custom of carrying out of flags , and lights by all the admirals in their poops , several signs are to be particularized , and communicated in the instructions sent to every particular ship of the fleet , before their putting out to sea , whereby it may be known , even in the dark of the night , when the admiral general , upon any occasion casteth about , when he shortneth sail , when he intendeth to lye a-trie , when a-hull signs , are likewise to be imparted , both by day and night , that when any of the fleet are too far a-head , they may retire , by sparing of some sail , or when they are too far a-stern , to cause them to make all the sail that they can , to get up . peculiar signals are also to be made , and known to every ship of the fleet , that having lost company , and coming afterwards again in sight one of another , they may presently be discovered one unto another : as likewise when any strange fleet or ship is kenned , or falen upon by any squadron or ship , either by day or night . it is necessary also , in all great fleets , that some signal be privately imparted to the captains of every ship , for the distinguising of any strange ships whatsoever , that shall happen to fall in amongst them , and be suspected by any one . and this may be done , by the hanging out of some flag , to be distinguished , either in respect of colour , or by the place where it is to be put out ; the which upon view ( in the day time ) is to be answered by all the rest of the ships of the fleet : and the same , in like sort , and to the same purpose , may likewise be performed in the night if ( coming up one with another ) some peculiar word be given , for every day in the week , and so from week to week ; the which upon haling , they are to make known and to answer one unto another , somewhat in the nature of the word at land. and a point this is so necessary to be observed and heeded , as that thorough the want hereof , i have known , that divers strange ships have passed through the very midst of a main fleet even at noon day , without any discovery made upon them , or scarce any notice taken of them , until it was too late . and my self , with a single ship , did once the like by night , through the thickest of all the spanish armado , coming from the west-indiis , without so much , as being once looked after . adm. since these signals are so necessary to be communicated and distinguished , and that you have expressed the way and manner of giving of them , in one only particular , which was for the discovery of all strangers ; i pray take the pains , to let me know ( touching all the rest of them ) as well how they may be contrived , as how ordered and placed , that they may be best seen , and discerned one from another . capt. though i do conceive that this may easily fall within the compass of every ordinary invention , and may be varied thereafter ; yet since it is your will , to have them more punctually laid down ; and that it may perhaps save some men some labour , i shall willingly obey and shall do it , in as many particulars as i can now remember ; and that according to such ways and forms , as ( in mine opinion ) may best conduce to the uses and ends . adm. i pray do so . capt. and because i apprehend , that the master-piece of this work , consisteth in the through distinguishing of these signals , and the making of them perceptible one from another , that they may not be mistaken , and in the fit seating of them to the view of the whole fleet , be it never so numerous , that so they may be perfectly known and distinguished , i shall mainly apply my self herein to these two particulars . first therefore , when the general intends upon such a day to make out to sea , with his whole fleet ; a fit signal hereof may be , to cause his top-sails to lie loose upon the caps , very early that morning ; and if it prove to be hazie and dark weather , so that the fleet being great , or lying scattered at an anchor , may not well discern it , he may then , about two or three hours before he begin to wey his anchors give fire to a single piece of ordnance . secondly , if being at sea , occasions require a general convention of the captains and masters aboard the admiral , the signal may be , the hanging out of a yellow flag in the uppermost part of the admirals main shrowds : but if this be for the assembly of the council of war only , a blew flag may be hung out in the same place ; for i conceive this part to be more proper , than in the missen shrowds , ( though that be the most received part for this turn ) in regard that it is more visible and better to the kenn . thirdly , if the general shall find cause , to cast about in the night ( for if by day , this needs no signal ) besides that light or lanthorn , which every admiral carrieth in the poop , the most perceptible signal hereof , that i can think of , may be , to put out one light in the main top also : and if he intend to lye a-hull , then two lights : if a-trie , three lights , the which may be shewed for some convenient time , until it be perceived that it is perceived by the whole fleet. fourthly , if any part of the fleet , by being too far a-head , shall be required to shorten sail , and so to attend the coming up of the admiral ; the sign hereof may be , to heave a flag abroad in the admirals fore-top , and if need be , to give a gun withal , to cause them to look out ; and on the contrary , if any of them be too far a-stern , to hang out the same flag in her missen-top . fifthly , if upon the discovery of any strange fleet or ship , it shall be the generals will to have any of his pinnaces , and best sailers , to make up with them , and to chase them , and so to cause them to come to speak with him ; an apt sign may be to give fire to a piece of ordnance or two , out of his own chase , and withal to put out a flag in his bolt-sprits top. sixthly , if a fleet shall meet with a fleet of enemies , known to be so , and after due consultation aboard the admiral , it shall be found fit to fight ; the signal hereof may be , that the admiral taking in his ordinary ensign , heave out in its stead an ensign all over red , which is called the bloody colours ; that so all the fleet may dispose and order themselves , to fall on upon the enemy , in such form and fashion as they have formerly been informed and instructed in , and have time to fit themselves for a sea-battel . and these are all such necessary causes , as require any signals to be expressed by the general himself , out of his own ship : for as for the rest as they are to be communicated with the whole fleet , and every particular ship thereof , so they are rather to be expected from any one of them , than from the admiral himself . adm. and what may these be ? capt. that if any ship of a fleet , shall discover any strange fleet or squadron of ships , or single ship ; as it is fit , that not only the general , but the whole armado , should as suddenly as may be , receive advertisement hereof ; so the signal to this purpose may be , by putting abroad some flag on that part of the ship which pointeth most upon the discovered stranger ; and if it be a fleet that is so discovered , to hang out two flags in the same manner , and withal to give fire to a great gun or two , that so she may be looked after . likewise , whensoever a fleet coming out of the sea , expecteth a land-fall , the first ship that maketh land , is to give present notice thereof to the rest of the fleet ; and this she is to do ( if it be by day ) by shewing her colours abroad , though it be ( for a time ) in the main-top it self , inclining them to that part whence land is discovered ; and if this fall out in the night , she may then shoot off two pieces of ordnance , and shew a light , and withal cast about and stand off , that the residue of the fleet may take notice and beware . if any ship of a fleet shall find her self in danger of foundring in the sea , by springing of a leak , or any other mischance ; if this be by day she may shoot three pieces of ordnance , and then cause a yonker to go up to the main-top , and shew a waft : and if this happen in the night time , to continue the shooting now and then of a single piece , and withal to shew a light , that so she may be taken notice of , found out , and relieved . and because there may be many occasions , whereby a fleet may be , for divers days and weeks , very much seperated , and yet gotten together again , that hereupon , upon the first kenn , no mistakings may ensue , but that a far off they may make themselves known one unto another , it is necessary that some particular signal be specified to this purpose ; the which may be , by so many times putting out and taking off some certain flag , or by the so often striking of a top-sail or the like ; the which they are to answer one another . and to every one of these forementioned signals , diligent looking after is to be practised , and careful attention to be given by every particular ship of the fleet at all times , that so they may fit and accommodate themselves one unto anothers sailing upon all occasions , and thereby keep themselves together , and be the readier prepared for all services and employments . the due and strict observation of which particulars , howsoever it must needs cost and take up much time , in point of a dispatch , and haste of a voyage , because to a fleet of ships , in keeping well together , there is to be allowed even with the one and the same wind and weather , well near double the time that a single ship hath ; yet will it in a fleet , make an ample amends , in respect as well of a general safety and preservation , as all other advantages that can be thought upon . adm. indeed these courses must needs be likely and prevalent , in general , and especially for the holding of a great fleet in order and company ; and being duly observed , i cannot conceive how there can fall out any great dispersion or long separation amongst them , unless by some overgrown and long lasting storm . capt. in cases of such violence , and extraordinary fury , there cannot indeed be prescribed any certain cure , nor is there any hope at all , at such times , to keep any great fleets , from loss and danger , by a desperate seperation . and therefore the best providence and preservative is , by procuring an union and re-collection of them , although it be a good while after : and to work this , it is one good means to impart before hand to every particular captain of the fleet , a not in writing ( the which for the more secrecy is to be ) sealed up , and not to be opened , but upon this desperate occasion of a deep seperation ; in which note , all the places of the rendezvous are to be particularized ; that so with the first opportunity and favour of wind and weather , a repair may be made accordingly , and so a recovery procured of the lost admiral and the dispersed fleet , if possibly it may be . adm. it seems to me , that you have spoken fully to all these particulars . let us now come to the course that is to be held , upon the discovery of any fleet or ship , that are strangers , and to know what is to be done in that case . capt. certainly ( my lord ) it is neither sea-like , nor safe ; that so much as any one strange ship , much less fleet , should be suffered to pass by within the kenn of a royal navy , and not be caused to render an account of themselves . it is therefore to be ordered , that upon the first sight of any such some pinnances of advice , and ships of the best sail ( of which every squadron is to be provided with some , and chiefly those of the van and wings ) be appointed and selected , as to an especial charge and employment , to stand in with them ; and at their coming up with them to hale their admiral ; and to let him know , that he is to take notice of the fleet in view and to send ( at least ) some of themselves to make their due acknowledgement . adm. and what if these shall be refused to be done by these strange fleets , or ships ? capt. the refusal putteth them in the rank of an enemy ; and therefore , those pinnaces that have spoken with them , are by a continual shooting to give notice hereof to the rest of the fleet , that so that squadron , which lies fairest for it , may speedily being a chase , and the rest follow in order . adm. you are then come to a chase , give me therefore some rules for the better effecting and performance hereof . capt. rules of this nature must be expected various and different , accordingly as the chased lye from the chaser : for if the chased ( being set by the compass ) be found any thing to the windwards ( and then it is of least hope ) the chaser is to bring all his tacks aboard , and to shape his course , to meet with her at the nearest angle . if the chased be to the leewards , it is at the fairest , for then the chaser may be in good hope to speak with her , unless she bear up right before the wind , and so out sail her ; or that she bring herself close by a wind , and the chaser prove the more leeward ship , and so lose her that way . if the chased be found right a-head , and so the chaser be put to a stern-chase , the best sailer shall carry it , if there be sea-room and day-light enough , adm. but having fetched up a chase , what is the most advantageous way of coming close up with her ? capt. the best way to come up close , with a chased ship , is , ( if it may be ) to cross her fore-foot ; for hereby by you shall both hinder her way , and avoid the fury of all her ordnance ( save those only in her chase ) and the most effectually bestow your own , if she put you unto it ; and that as well your chase-pieces , at your first getting up within reach , as your whole broad-side and quarter-pieces , as you pass a thwart her hawse , and so scoure her decks from stem to stern . adm. being thus gotten so fairly up with your chase , as within reach of your ordnance ; and finding her to make away from you with the best of her working ; what may be the best course for the preventing of it ? capt. it is best to order your gunners to shoot at her sails , yards , masts and general tackling , with as many of your great guns as will be brought to bear ; and when you are gotten up very near unto her , to lade them with langrel , or case-shot , or short bars of iron , to make the greater spoil . adm. and having done all this , and made up with your enemy to your wish , and finding her resolved to stand it out with you , what is the best way to begin with your closer fights ? capt. nay ( my lord ) before we come to that , the ship is first to be haled ; for unless she evidently and ententively manifesteth her self to be an enemy , either by shewing of her colours in the poop or top , or by shooting at you , and the like ; or that ( as before said ) it be apparently seen that she works to get the wind , or to get from you ; or that being to the windwards , she be warned by some shot from you , to come under your lee , and she refuse to do it ; it is otherwise , an indecorum to shoot at any ship , before she be haled , as well with trumpets , as the voice , that so you may know what she is and that she may answer for her self . adm. but all this being done , and she found an enemy , and a fighting one : what is there then to be done next ? capt. your ship being aforehand made predy ; all wainscot cabbins being either taken down , or at the least stuffed with bedds or the like , to serve as bull-works against the small shot ; half buts and hogs-heads filled with water , being placed upon the decks , with blankets , or sea gowns put into them , to quench all accidental fires : the hold of the ship , cleared by the ship-sides , that so the carpenters may the sooner and surer find the enemies shot , and stop the leaks . all the yards being sufficiently slung ; all the ships company duly quartered and disposed of , as some of them to the master for the mannagement of the sails , some to assist the gunners to traverse the ordnance , others to the corporal , for the plying of the small shot , some to fill powder in the powder-room , others to carry it from them to the gunners in carthredgus , and bandeliers : the carpenters ready some of them in hold , others betwixt the decks , with sheets of lead , plugs , and the like necessaries ; the chirugions in the hold with their chests and instruments , to whom all the hurt men are to be carried , that they may be drest : the minister also in the hold , to comfort and exhort the hurt ; and especially such as are dangerously wounded . every man taking due notice of his station and task , from whence he is not to budge without licence . all these particulars being ( as i say ) before the beginning of the fight duly fitted and ordered , and the fight upon the instant of a beginning ; the first care and consideration to be taken and executed , is to keep to the windwards of the enemy ; the which is a point of such importance , as thereby ( at the very first ) you shall not only avoid the trouble , and blinding , that may arise to your self , by the smoak of your own ordnance and small shot ; but you shall also so annoy and hinder the sight of your enemy , as that he shall not be able to make any certain shot at your self again , nor find the liberty of looking about , nor be able to discover , and so make use of any disastrous accident that may fall out to your hurt , and his advantage : and some there are , that speak so superlatively of this advantage , in keeping of the weather-gage in a sea-fight , as that they confidently affirm , that being so , it is not possible to receive any great shot from an enemy , that can endanger the sinking of the ship , because by the sudden righting of the hull of the ship upon the receipt of any such shot , which is easily done by a speedy letting fly of the sheats of the sails , the piercing of the shot is brought above the water , and so the danger avoided . adm. but how if a constraint fall out that forceth to a fight , with the disadvantage of the loss of the weather-gage ? capt. in this extremity ( for it is no less ) all industry is to be used , to shoot down the enemies masts and yards , and to spoil the general rigging , ( as was before instructed in the point of a chase ) that so by some lucky shot , the enemies ships may be forced to fall to the lee-wards , and so being eaten out of the wind , this disadvantage of the loss of the weather-gage may be redeemed . adm. all this being done , according to direction and your wish : let us now at last beging the fight and tell me the fashion of it ? capt. all this being done , and the captain in his due place , upon the quarter deck or poop of the ship , waving the enemy with his naked sword , and bidding him amain ; his lieutnant in the fore-castle , and the master upon the half deck , to look to the mannagement of all the sails , upon all occasions . the very first of the fight must needs be with the cannon . adm. and how near are you to be to the enemy , before you thus begin to him , with your cannon ? capt. in a fight , a broad-side is uncertainly delivered , and expresseth fear withal , whensoever it is given beyond the distance of musquet shot at point blanck : and a volly of small shot is ill and unprofitably bestowed but within pistol shot , or caliver at the farthest . adm. but being within these distances , how is this manner of fight , with these fiery weapons to be mannaged . capt. first of all , your chase-pieces are to be given , and so coming up nearer with him , and that your other guns will bear your whole broad-side in order : this done , you are to run a good birth a-head of him if you can possibly , and then to edge up into the wind , and to lay your fore-sail , and main-top sail ( which are called the fighting sails ) on the back-stays ; that so , as well your consorts ( if you have any ) may have opportunity also to come up to fight with him , as that the enemy himself may again shoot a-head of you , that so a second time your self may return and re-charge . adm. how are you to behave your self in this second charge ? capt. especial care being taken to keep your loof , to which end you are intentively to observe all your enemies motions , and to answer them accordingly ( as to tack your ship , when he tacks his and the like ) you are again to edge in with him , and in your way , if you find any number of his men upon the decks , and lying open unto you , you may give him a volly of small shot , and presently upon that ( being gotten up side by side with him ) your bow-pieces , and full broad-side ; and then letting your ship fall off with the wind , let fly upon him , your whole chase , and weather broad-side . this done , bring your ship round that your stern pieces may be given also ; all which being performed , and all your guns thus employed , you are with all speed , ( for the keeping of your weather-gage ) to bring your tacks close aboard again . adm. and having thus fought aloof , and made use of all your great guns ; and the enemy remaining still obstinate to the fight , what is next to be done ? capt. consideration is to be had in the next place , whether it be fit to board the enemy or no : and herein first of all , notice is to be got , whether the enemies ship be higher or lower of board than your own , and whether she do under over top you . adm. how may this be done ? capt. this may be known with the most certainty , ( at the instant ) by standing upon the poop of your own ship , and diligently observing the poop of your enemies ship ; for if you can see the horizon circle , over the poop of that ship , you may certainly conclude that your ships poop is higher of board than hers , and so on the contrary . and in this manner you may understand of what heighth a ship is in any place and part of her , by removing your self from place to place in your own ship , and observing the corresponding parts of your enemies ship , and comparing her in every part with your own : and accordingly resolve , for the boarding of her or not , as you shall find cause . in the second place ( in this case of boarding ) it is to be warily observed , of what form and frame your enemies ship is , in the point of building and contriving ; for if you find her lower of her board than your self , and withal an open ship , and not much overtoping you in men , you may be bold to board her ; but if she be of three decks , flush fore and aft , and every way answerable to that description set down in the former dialogue about shiping ; and that withal you perceive that the enemy keeps his men close , and only beats upon you with his ordnance , it is no discretion to board , for you shall but bring your men to the slaughter , and find your self beaten off , to your loss and dishonour , with small hurt to your enemy . adm. what then is to be done in this case ? capt. certainly , the best of your fight here will be , to ply it with your ordnance , and that in the manner formerly described ; and withal to order your musqueteers to play mainly and principally upon the port-holes of the enemies ship ; and that at the instant of the thrusting out of his guns ; and in the mean time , to cause your gunners to shoot at his yards , masts , sails , and tackling . and by this means you shall both beat his men from the traversing and use of his great guns , by the continual shooting with your small shot into his ports , and by the spoil of his rigging , masts , and yards with your great shot , disable him from tacking , and from bringing his ship about to give her board-sides . adm. but if it shall be found fit to board , how is it best to be done ? capt. you are then to bear directly up with him , and to cause your gunners to beat open all your ports to the leewards , and to bring as many guns from your weather side thither , as you have ports for , and then direct the master to lay the enemies ship on board , loof for loof , and order your mid-ship men to man your tops and yards , and to furnish them with great stones , fire-pots , and brass bails ( if need be ) and let all your small shot be in a thorough readiness ; and then charge on lively withal your shot , small and great ; and instantly upon it enter your men in the smoak every division at his best advantage . adm. what are the parts of a ship most advantageous to enter by . capt. the best part for the use of your ordnance ( if you are best stored that way ) is to board your enemies ship a-thwart her hawse , for in so doing , you may use the most of your own great guns , and she only hers in her prow : but the safest and best boarding for your men , is either on the bow of your enemies ship , or to bring your mid-ship close up , with her quarter , and so to enter your men by her shrowds , and withal to instruct some of them , appointed for that turn to cut down the enemies yards and tackling , with all possible expedition . and by this course likewise you shall best secure and preserve your men from the enemies cannon . adm. how if you have a consort with you , and would make use of his assistance in your boarding ? capt. cause him to lay your own ship aboard , on the contrary side from the enemy , and so to enter his men over your ship , or at least to lay the enemies ship aboard , a-thwart her stem or stern , as you shall find it most proper and fit for your turn : but in no wise to lay the enemies ship on the direct opposite side unto yours . adm. and why not on that opposite side ? capt. because if your consort should lay the enemies ship aboard on her lar-board side , whilst you did the like on her star-board , and so have the enemy betwixt you both , you must needs , in the use of your ordnance , endanger one another as much as the enemy . adm. it must needs be so , for your own ordnance would as well pierce one another as the enemy . but being thus aboard , and your men having entred the enemies ship , what is there to be done next ? capt. your men being entred , and the enemy beaten from aloft , and so the decks cleared that way : the next care to be taken is , for the preventing of all trains , either to powder chests , by a sudden forcing up of all such chests wheresoever they shall be found ; or to any barrels of powder placed under the decks for the blowing of them up ; and this must be done , by a speedy breaking open of the scutles and hatches , and the entring of your men between the decks : and if , when you are upon the instant of your first entring , you shall perceive any trains of powder in any part aloft upon the decks , before your farther entrance it behoveth you to fire them . adm. but how may this be done ? capt. one way of doing of it , and a sure way , may be by the fitting of certain pots of earth , capable of two or three pounds of powder , in each of them ; the which having lighted matches fastned unto them , are to be thrown upon these trains , that so by the breaking of the pots , the lighted matches may fire the powder , and the powder the enemies trains , whereby not only that danger is avoided without all damage to you self , but a way prepared also , for your own more easie and safe access entring your men in the very blind of that smoak . and these pots are also very proper and useful , to be thrown into any part of a ship , upon a boarding , where the enemy is found to stand thick together , and that as well to blind as spoil them ; and withal to procure to your self the better opportunity of entring your men. and thus the enemy being every way stowed below the decks , and your men in possession of the sails and helm , the enemies ship is taken , and you may give what quarter you please , provided it be soldier-like , not bloody in cold blood , nor cruel at any time . adm. well captain , we have all this while spoken of an offensive fight only : i pray let me hear somewhat , and have some rules for a defensive . capt. rules of this kind , and to this point must be fitted according as the cases and occasions are that present themselves : for it is certain , and to be ingeniously confessed , that if any one shall find himself engaged , by , or with an enemy , evidently and notoriously over-topping him in shipping and men , that it is the wisest and honestest way of defence , to clear himself of his company as speedily as he can , either by taking the best advantage of out-sailing of him , or by stealing from him in the night , or the like : for non hercules contra duos . and some commanders there have been , that have honoured themselves as much by a retreat as any others by a fight . adm. and yet i have heard that some even of our own merchant men , whereof some of them were single , and without the help and comfort of any consort , have made very stout and long defensive fights , with two or three ships of pirats at once , and have at last escaped and got off , with good reputation . capt. i deny not , but that a well built and well fitted ship , ( as some of our merchant men are ) being single , and manned with some stout and well resolved men , though not to the full , yet being willing and active , may ( being put unto it ) do very much defensively , against a far greater number , that are neither forced to the fight , nor have so good a quarrel . and indeed rather than to do basely , and yield dishonorably it becometh honest men , and true soldiers to sight it out to the last man , and to sink ten times over ( if it were possible ) in the sea , rather than to give way to an ignominous submission : and it is true , that an enemy , though never so numerous , may be made to buy his conquest dearly , from such vowed defendants , so provided and shipped , witness the brave revenge of that brave ship the revenge of queen elizabeths , commanded by that brave and resolute greenfeild : nevertheless , as it were a madness in this case to seek out such an enemy ( the which i dare be sworn our merchant men never did ) so it were a folly , if not a frenzie , to stay longer amongst them , than one must needs ; and not to disengage ones self , from such an inequallity , if it may honorably and cautiously be attained . adm. i confess it to be so . but yet let me understand some ways and courses for a defensive fight , when one is forced unto it , by any engagement . capt. those few ways that i know , may be by endeavoring and applying your self ( in the first place ) to preserve your men : and this may be done , by keeping of them close in covert under your decks especially when you perceive the enemies small shot , to be ready and prepared to play upon them . to which end also the lids and covers of your ports are carefully to be let down , as often as any of your ordnance make their reverse within board , and at every thrusting of them out ; it is to be done with expedition , and the men that mannage them , are warily to retire themselves from before the openings of the ports . and for the preservation of your men from the cannon , the best and most probable way , that i can find , is , by the fitting and strongly stanshioning of your mid ship through out , with two rows of stanshions made of elmeplancks , or the like wood that will not splinter : and these are to be of four , or six inches in thickness , and of four or five feet in distance one from another ; and the void place betwixt these two rows , is to be stuffed up with juncks of cables , old ropes , sea-gowns and beds , or the like , that so such of your men , as are not necessarily to be employed about the mannagement of your ordnance , and sails , may retire themselves behind that side of this barricado , which in a fight is most remote from the enemies shot ; and hereby saveguard themselves from the violence of the great shot , and especially from cross-bar and chain-shot , which is the chiefest spoil of men ; and yet be ready enough , whensoever any occasion shall require , either for the entring of the enemies ship , or the defence of their own . and in this manner you may maintain your defensive fight , whilst the enemy fighteth aloof , and boardeth you not . adm. but what if he board ? capt. if he board , and that your ship be one of those three deck't ships formerly described , you shall make him repent it , by scouring your decks with your ordnance laden with case-shot , and lodged in good cover , and there well secured within your bulk-heads , under the half deck and fore-castle ; as also by your small shot , playing upon them thorough loop-holes , upon every part and piece of your ship aloft : so that the enemy will not be hasty to give any second charge upon you that way . adm. but how if your ship be an open ship built , as too many of ours ( and especially our newcastle ships ) are , which otherwise would prove very good and lusty ships of war. capt. truly ( my lord ) there is no other way in this case , to beat of an enemy that overtops you with men from a boarding , but when he is boarded with store of his men , by blowing up your decks , with barrels of powder placed under them . but then the mischief will be , that the enemy finding you thus laid open , enters upon you a second time , and then there cannot be found any second means to put him off . adm. but are there no courses to keep off an enemy from boarding of you , when you find your self to lye thus open unto him , and that you are too weak to grapple with him this way ? capt. some ways there are , that may serve to this purpose , though to say truth , not much to be relied upon . as one may be by bearing up from him full afore the wind , between your two sheats , and so keeping always towards him , as he is ready to lay you on board , not suffering him by any means to come up with your side or midship : and this may be done , as long as you have sea room , by a continual bearing up from him at all turns : so that if he will needs enter upon you , you shall force him to enter only at your stern , over your ships poop , by causing of his men to scale and clamber up by his own bolt-sprit : the which he will find so difficult to perform , as well by reason of the heighth of your stern , as the streightness and ill way of his access , that ten stout men of yours , may be sufficient to repulse one hundred of his . a second means of avoiding of an enemies boarding of you may be ( if you chance to be in a channel , or any where , where you may find ground by letting fall of an anchor on a sudden , and so causing your own ship to come to a riding , at the very point when you find the enemies ship upon a boarding of you ; the which he not at all suspecting , nor being prepared to do the like , it will certainly follow , that the tide ( especially if the wind and tide happen to be all at one , or that it be a calm ) will so suddenly carry him to the leeward of you , as that he shall not possibly be able to recover himself , nor to get to the wind-wards again , until the turning of the tide ; in which interim your retreat may well be favoured , either by a change of wind , the meeting with some friend , the darkness of a night , or some other good accident . a third way to this purpose , may be found aidful , by a quick raising of some thick smoak or smoother in your own ship , as if it were accidentally on fire , just as the enemy is putting himself into the action of boarding of you ; the which he perceiving , and taking you to be on fire , may well be scared from coming near unto you , least he should burn with you himself : in which blind also , you may well find some convenient opportunity of wending off from him , and by that means , ( at least for the time ) escape his hands . and these are the surest , and most probable ways and stratagems , that i know , or have heard of , for the preventing of being laid aboard by an over powerful enemy . for as for that trick and invention , that some propound of the launcing out the ends of masts , or yards , thorough the ports and other parts of a ship , to keep off an enemy from a boarding , i allow but little of it ; for it is only to be used by the greater sort of ships , because in the lesser , though they should be of an extraordinary strength for their size ; yet the weight and heigth of the stronger and taller ships , must needs force out the opposite sides of the other . adm. i must confess ( captain ) that i have received some satisfaction in all the particulars formerly discoursed of : but there is a main point remaineth behind unspoken of ; and that is , concerning the best forms that a great fleet is to put it self into , when it is to combat with another every way equal unto it . capt. although ( my lord ) neither this whole present age , with the half of the last put together , have afforded any one thorough example of this kind ; for we have none but that at lepanto ( and that was for the most part with gallies ) with those fights between the french and the spanish at the western islands ; between our selves and the spaniards in . and between the dutch and the spanish ( not long ago ) within the streights ; and of two of these , as that between the french and the spaniard , and between the dutch and the spaniard : we find little or nothing as touching the form of their fights : yet since it pleaseth your lordship , to impose this task upon me , i shall not fear to speak plainly what i think , and would practice , if ever i should be to command in any such occasion . adm. i pray do so . capt. i say then , that whensoever a fleet is either to give or take a battel , with another every way equal unto it , that every squadron of every such fleet , whether they be three in number , as generally they are ; or five ( as we prescribed in the beginning of this dialogue ) shall do well to order and subdivide it self into three equal divisions , with a reserve of certain ships out of every squadron , to bring up their reres ; the which may amount in number to the third part of every one of those divisions ; and every one of these ( observing a due birth and distance ) are in the fight , to second one another , and ( the better to avoid confusion and the falling foul one upon another ) to charge , discharge , and fall off , by threes or fives , more or less , as the fleet in gross , is greater or smaller . the ships of reserve , being to be instructed , either to succour and relieve any , that shall be any way engaged and in danger , or to supply and put themselves in the place of those that shall be made unserviceable . and this order and course to be constantly kept and observed during the whole time of the battel . adm. i like this form and order well in every respect , and i conceive that it may be well observed by a heedful attention and vigilant eye , that every particular ship , is to have upon the working of their leading ships , and especially admirals . capt. it is most true , and by this due vigilancy , if the fight should continue even within the night it may well be maintained and kept in this very order ; if so be that every ship do but carefully heed the admiral of his particular squadron by his light , and withal his leading ship , that is next before him , that so when the admiral falls off , and makes a retreat for the present , upon some especial occasion , all the ships of that squadron may do the like ; and retire under their several divisions , to amend and repair any thing that hath miscarried in the fight , or to speak and advise with their commanders , and so to be ready to renew the fight , and to recharge the enemies according to their instructions . to which end it is especially and carefully to be observed by all the admirals , that they so order and keep themselves , in their several divisions , as that they may best be seen and distinguished by their whole squadron ; and that as well by night as day , that so directions may be given and notice taken from them , by every particular ship of the fleet , and the executions thereof , performed with the more facility and certainty . adm. you have thus ordered the ships of war for a fight ; but what shall become of the munition ships , and of the victuallers in the mean time , whereof ( you know ) every royal fleet is to be thoroughly furnished . capt. these are all of them to be ordered , and to take their places in the rere of all the rest of the fleet , and are not to engage themselves at all in the fight ; but are to attend such directions , as shall be sent unto them at all times by the admiral general . adm. this then is the sum of that which you have propounded concerning the form of a great fleet being to enter into a sea battel . that it be divided into three or five squadrons : that every squadron , when they come to the fight , be again subdivided into three divisions , that a certain number of ships be reserved to bring up all the reres ; and that in the rere of all the rest , the victuallers and munition ships be appointed to take up their places and stations . but are there no other forms of fights to be made use of at sea , besides this ? capt. some forms besides , and different from this ( i know well ) have been found prescribed and practised . as for a fleet , which consisteth but of a few ships , and being to fight in an open sea , that it should be brought up to the battel in one only front , with the chief admiral in the midst of them ; and on each side of him the strongest and best provided ships of the fleet , who keeping themselves in as convenient a distance as they shall be able , are to have an eye and regard in the fight , to all the weaker and worser ships of the party , and to relieve and succour them upon all occasions ; and withal , by being near the admiral , may both guard him , and aptly receive instructions from him . and for a numerous fleet , they propound , that it should be ordered also , ( when there is sea-room sufficient ) into one only front ; but that the ablest and most war-like ships should be so stationed , as that the agillity of the smaller ships , and the strength of the other may be communicated to a mutual relief , and for the better serving in all occasions , either of chase , or charge : to which end they order , that all the files of this front that are to the windwards , should be made up of the strongest and best ships , that so they may the surer and speedier relieve all such of the weaker ships , being to the leewards of them , as shall be endangered or any way oppressed by any of the enemy . adm. but what were the forms , that were practised in those two fights you formerly spoke of ; at lepanto , and in . capt. at that great battel of lepanto ; the christian armado ( though made up almost all of gallies ) was marshalled into a van , battel , and rear , and not much different from this of ours , that was first described . but the turkish fleet , appeared in the likeness and shape of a croissant or half moon after the change , yet divided by some intervals , into smaller squadrons . adm. to what end was it thus formed ? capt. for my part i find no other particular end hereof , nor any motive for it , at that time , save only a custom ordinary with the turks , who take up and use this form of a croissant in all their battels both by sea and land ; because it is the emperial ensign of that empire , for otherwise , they being then to fight in a streight place , among islands , this form of a half moon , could not in mine opinion , but be very disadvantageous for them , and the rather in respect that their fleet being great , must needs be subject to many disorders hereby , in so narrow a place , which could not afford them that sea room that was necessary , for the due birthing of their vessels ( though gallies ) being put into such a form ; the which being in any part broken or dissevered cannot easily be united and ordered again , but must remain in a dangerous confusion . adm. and yet in the year of . that spanish main armado , being in our channel , did put it self into this form of a half moon when the english fleet came up with it . capt. it did so , but that was only done with an intent to keep themselves together , and in company , until they might get up , to be a-thwart of gravelin , which was the rendezvous for their meeting with the prince of parma ; and in this regard this their order was commendable . adm. what may be the best , and most probable course to break and sever a fleet , that puts it self into this form of a half moon , to the intent you last mentioned ? capt. the ordinary way is , to thrust fire ships amongst them . adm. and what think you of that way ? capt. for mine own part , i have no great opinion of it : for first , this cannot be done with any certainty , but with a fore-wind , or a quick current or tide , setting in full upon the enemy : secondly , these fire-ships , when they have both wind and tide , must nevertheless be wafted with a strong guard of boats , close up with the enemy , before they be fired and forsaken by those that have the bringing of them on : for otherwise , it is to be expected that the enemies boats will easily tow them off , to the one side or other , and so let them burn themselves unprofitably . and thirdly , though they be thoroughly and luckily put on , yet may the enemy easily avoid the danger , by letting slip only , or cutting of the cables in the hawses ( when it comes to the worst ) of such ships as lye in most danger , as being in the way of their drift . in which respects i do indeed hold them to be very uncertain to be relied upon , unless it be in some narrow of a river , with the benefit and help of a wind and current , where the enemy cannot enlarge himself any way , nor tow off these fire-ships with their boats , to any side clear of themselves , by reason of the streightness of the place . it is true , that in another kind , and by way of a stratagem , this kind of fire-ships , may hapily be found of good proof ; it being trimmed up to look like ships of war , they shall be well fitted with combustible matter , and so ( at the instant of a fight ) be put out in the very front , as if it were with an intent to give an onset and to encounter with the forwardest and primest ships , of the enemy ; that so having drawn them on to a fight , and ( as it may hit ) to a grappling , they may then suddenly set themselves on fire ( their men saving themselves in their boats ) and so with the furious burning of themselves , hazard the spoil and firing of all such ships of the enemies as shall be either fast grappled with them , or aboard them , or near unto them : this ( i say ) may hapily be produced , when these fire-ships , are mistaken for men of war ; but when known , and expected as fire-ships , they carry but small hope of success with them , thorough the reasons aforesaid . adm. and yet you know , that in that so great and gazed at business of . which you mentioned even now , that so huge spanish fleet , was put into a great confusion by the use of these fire-ships . capt. it is true , but your lordship may remember withal that it was rather thorough their own false fear than any true cause : for these fire-ships being thrust upon them in the dark of the night , instead of ordinary fire-ships ( as indeed they were ) they were thought by the enemy , to be of those kind of dreadful powder ships , which that famous enginier frederick innibell , had devised not long before ( and some of them had felt to their cost ) in the river of skeld ; whereupon crying out the fire antwerp , that forrest off ships and vast gallions , tumultuously cut their cables in their hawses , and so stood away in a shameful confusion , by the northern seas . adm. i perceive yet , that you believe wonders of this kind of mine or powder ships . capt. indeed i believe , that ships stuffed with powder , hadded in strong vaults of brick or stone , must needs work devilish effects , upon all things that are near unto them , when their powder is fired . but the mystery is how to bring them up to the places and parts they are to work upon ; and how to prevent preventions against their firing , when they are there . and this ( i believe ) will be brought to pass very rarely , and in but a very few places and cases ; and when at sea against a fleet either under sail , or at an anchor , not once in five ages ; and besides by the least touch and working of any storm , they cannot chuse but suffer very dangerously , so that they are not in any main manner to be relied upon , especially in this particular of a sea battel , and the encounter of two main fleets in an open sea. adm. what courses then may be prescribed for the breaking and dispersing of a great fleet , that either in the form of a half moon , or any other shall be thus united and firmed , and so stand upon a guard with you ? capt. surely ( my lord ) whensoever an enemy shall put himself into this posture to this purpose , being in an open sea , it will be found the best way , to attend the first stirring of a wind , and an agitation of the sea , which must needs force some breach in his order , and occasion many alterations to your advantage , so that you may have presented unto you sundry opportunities to give on upon him , in one part or other , with some of the squadrons of your fleet , whereby he shall be forced either to alter his order , or fall foul one upon another : and in the interim ( until you find this opportunity ) you may ( as occasions shall be offered ) beat upon him with your cannon shot , whereof but few will fall idle , your enemy being thus closed and shuffled together ; nor can the enemy return any other of his great guns upon you ( he being thus birthed at an anchor ) save only those that shoot fore-right out of the chases . adm. but is there no other use that a fleet may make by putting it self , into this form of a croissant or half-moon , but this of uniting it self , and keeping together ? capt. i cannot conceive any other , unless when finding it self overtopping the enemy in number of vessels it shall intend , by extending and putting out the horns and corners of the croissant , to environ and hemm in the adverse party on all sides , and then to charge on all sides , and thereby force a falling foul , one upon another , of the enemy . adm. and if this should be done , what were the best course to saveguard against it ? capt. in this case , as the words of command by land are , faces about ; so those divisions and ships which find themselves in a likelyhood to be first pressed upon this way , are with all expedition to turn their stems upon their assaillants , by bringing their tacks close aboard , according to necessity , and so to defend themselves , and make good the fight , with their faces to the enemy : and this done , they are to put themselves ( if possibly they can , or as near as they can ) into the forms , either of a long square or a wedge , and so to give jointly on upon the enclosing enemy in that very part , where they shall discern him at the weakest , and so to pierce thorough and get sea-room . and this will be the better done , if the tallest and strongest ships , be ordered and placed in the very point of the wedge , that so they may the better approach , and support the shock of the enemy , and tear them with their ordnance : and besides ( if cause require ) these great ships ( being thus in the point of the wedge ) may single out , and enter fight , and if need be , lay aboard such of the enemies ships , as they shall find of most note and command : that whilst they have thus engaged them in a fight with themselves , the rest of the weaker vessels of their party , may the easier disengage themselves , and pass thorough the rest of the enemies fleet : and this also i shall propound , as the best forms for a fleet to put herself into , when upon any other occasion she is to make her way , thorough an enemies fleet , whensoever or wheresoever she is put unto it : and this direction may also be usefully and hopefully executed , when any fleet overtopped with number , shall be forced to a thorough fight with any such overtopping fleet , especially if it find it self in any near proportion , answerable and equal to the enemy , in the point of great ships , though otherwise much inferior in number of ships : for the enemies best ships , being hereby taken up , and opposed , upon the easiest and evenest terms , some one admiral , or prime one amongst them may chance to be so beaten , sunk , or taken , as that ( partly through want of direction to the rest , and partly by a general discouragement and dismay ) it may quite alter and change the whole face and fortune of the day . adm. well captain , we have all this while , insisted upon the forms of sea fights in an open ocean ? but how if occasion require , and compel a fleet , either to offend another , or defend it self , in a road or harbour , what were the best courses and forms to be practised in this case ? capt. this is to be considered accordingly , as the road or harbour is , for if it be upon an enemies coast and in case of defence , the best course ( in mine opinion ) is if these ships expect to be assaulted by a fleet coming out of the sea , to bring themselves to an anchor , where they may receive least harm and dammage from the shore ; and if it fall out so ill , that any part of the fleet ( by being forced to an anchor , or to pass by within reach of any fort of the enemies on the shore ) find it self in danger that way ; it may be provided for , by causing some few of the worst and oldest ships amongst them , to run themselves on ground right in the face of the enemies ordnance , with all their sails standing , that so with their hulls and sails , they may both shadow , and serve as a bullwark , or rampart to all the rest of the fleet in their passing by : and this being done , the rest of the fleet are to birth themselves at as near a distance one unto another as conveniently they may , the better to relieve one another upon all occasions , ordering that such ships as are of most defence and strength , either in respect of ordnance or strength otherwise , be placed fairest and foremost in the ways of the enemies fleets approach , and there do attend the first assault , having besides some of the lightest ships and best sailers continually abroad in the offin , to advertise timely enough of the enemies approach , and to make fit discoveries . adm. you here advise , touching the order and form of a fleets rideing in a rode or harbour belonging to an enemy , and an enemy fleet being expected from abroad ( the which must needs be with the most of hazard ) let me also hear from you what is to be done , when a fleet riding in a harbour , that is to friend , doth nevertheless expect to be assaulted by some over potent enemy coming out of the sea. capt. in this case being by reason of the enemies force to stand only upon your guard , the most provident and safe way is , to bring the sterns of your ships as near unto the shore as possibly you may ; yea , so near as that , if the shore be oazie ground , they may sew at low water mark ; for hereby the assaulting enemy , be he never so numerous , will be made fearful and wary in his approaches upon you for fear of running himself on ground ; and this the rather , if your ships shall be anchored so close one unto another , as that ( in calm weather ) by plancks or bridges , relief may pass from one ship to another ; and that some ordnance be fittly placed upon the shore to succour and favour them : but withal a main provision is to be made of long-boats , shallops , barges , and the like , which are to be continually ready by the ships-sides , for the prevention and towing aside , of all such fire-ships and works of that nature , as the enemy may offer to thrust upon them . adm. you have said well , touching the point of defence in this case , but what courses can you propound for that of offence and assault , when it is to be made upon any number of ships thus lodged and ordered . capt. without doubt ( my lord ) whensoever this shall be attempted , upon a resolved enemy , thus fitted and favoured , it will cost blows and blood. and the only hopeful ways , that i can think of , or prescribe , must be either by some choice ships of war , or by some of those powder ships , formerly mentioned . adm. what manner of ships of war would you have if you were to attempt that way , and how to be ordered ? capt. they should be of those sorts , as are most floaty , that so they may the nearer come up with the enemy , but yet to be strong , and strongly provided with good and great ordnance ; a choice number of which ships are to bring themselves in order , to an anchor as near as they can flote at low water mark , unto the enemies ships , and there to moore themselves in that manner , as that their broad-sides may beat upon the enemy , and are there to lye continually beating upon them , with as many of their great guns , as may be brought to bear . by which course , ( being so near unto them , and having of them so fair a mark , by their being so closed together , as that few of their great shot will be given in vain ) it is very probable , that either they shall sink them where they ride , or force them to cut their cables , and so be ruined by driving upon the shore . and in case , that any of these assaulting ships should receive any great shot from the enemy , endangering her sinking , she is to retreat into the main body of the fleet , and some other to be appointeth to make good her place . and the better to secure them from the enemies shallops and boats , which may desperately attempt to fire them or cut their cables , they are to have all their great guns on their weather sides , or on that which is farthest from the enemy , to be continually laden with murthering shot , to play upon their approaches , and their boats to be well manned and lye on the same side , that so they may be ready to receive them every way . neither can these assailing ships , thus lying at an anchor be much endangered by the enemies cannon , if any should be lodged on the shore , because that lying and being anchored so close up with the enemies ships they must needs serve them as a good defence and rampart , by their riding directly between their own cannon on the shore and them ; so that they cannot annoy them without endammaging themselves . adm. this seemeth indeed a probable course . but how would you order the bringing on of the powder ships if an attempt should be made by them ? capt. these ( in my opinion ) are to be brought on in the dark of a night ( the lying and riding of the enemies ships from you , being set by the compass in the day-time ) and are to be conducted ( though with as much silence as may be ) by good store of boats to such a distance from the enemies fleet , as that their men that man them , may find time and place to retire themselves out of the reach and spoil of their firing , and that these ships nevertheless ( by having all their sails abroad and their rudders well wedged , and so setting in with a fore wind , and if it may be with a tide also ) may of themselves , in all likelyhood fall in with the thickest of the enemies ships , to a thorough execution . and because it is to be expected , that upon their mens leaving of them , this shall be no sooner perceived by the enemy , but that some will adventure to board them , and by a speedy searching out for their trains , seek to prevent their firing ; it is a good way that many false trains and matches be lay'd and bestowed in sundry places of those ships ; the which the enemy finding and removing , may be deluded by a supposed prevention , and so give over a more narrow search : and for the true trains , that all such matches as are prepared for them be made fast to long twines or packthreds , the other ends of which packthreds , are to be tied to the seers of two or three pistols , whose fire-locks are to be ready bent , and the pistols being charged with powder are so to be laid with their mouths , as that being fired by the snatching up of the matches fastned to the packthreds tied to their seers , they may by shooting into the main bed of powder , lay'd within the vault or chamber of the mine , be sure to fire it , or at least , if these matches shall not be found at all by the enemies , that then they may of themselves in their due time , give fire to the true trains ; that so either by the one means or the other , the wish'd efeffect of the blowing up of the powder ships , and the enemy with them , may be accomplished . adm. well captain , i thank you for these your discourses and informations , about our marine affairs : we have been somewhat long in them , and to say truth the largeness and extent of our theme might well require it ; and besides it is a subject but rarely treated of by any writer , though certainly as needful to be thoroughly known , as any one whatsoever of this nature ; and especially by us of this island . for i verily believe that whensoever we lose the soveraignty of our seas ( which god forbid ) the next loss we shall feel , will be that of our land. finis . the table . a a main . pag. admiral to be of noble birth . kings admiral ships , and his castles to be saluted with guns . admirals to order themselves that they may be seen . anchors of their kinds and parts . — stream anchor . — a peek . ib. — cock bell. ib. — kedger . — grapnel . armed . awning . b ballast of a ship. back-stays . beams of a ship. pag. . bar of the port . beak or beak-head . bearing of a ship. becalming . birth or birthings . bitter of a cable . bitts . bittackle . bight . bluff-head . blocks . boat-swains office and duty . bow. bolts . bonnets and drablers . bowlings and bowling bridle . boats belonging to a ship of war. boungrace . pag. board . the best way to board a ship in , and the way to do it . how to make use of a consort in the boarding of an enemy . bread-room . bracket . brest ropes . brooming of a ship ▪ broad-side what distance it is to be given . boardings , trains of powder are to be taken heed of , and how these may be done . braces . brails . brest-fast . bulk-head . buttock . burthen . bulk . ib. butt . bunt-lines . — of a sail. buoy . — up a cable . ib. — stern the buoy . ib. c caburns . captains to choose their officers . — place and part . pag. — not justly taxed for neglects . carpenters office. carlings . catt . — holes . ib. capston and its parts . cap. calings . cable and clinch of a cable . caskets . catherpins . careen . chess-trees . ceremonies of entertainment aboard of the prince his admiral or general . in haling of ships . of striking the top sails . chain-wales . channel . cheeks . chasing of a rope . chace . chasing of a rope . clamps . clew of a sail , cleat . clew-line . clew gurnet . pag. cooks room . coats of the masts . coller . colours . &c. council of war. commanders to rise by degrees . of his majesties men of war to be gentlemen , and of noble birth and education . cooks office. cocksons office , and who carry whistles . corporals office at sea. coal ships to breed sea-men . conveniences of council of war , and councils general . counter lowre and upper ▪ conding . cocks . compass and it's parts . cranck by ground . — crank . cross-trees . cross-piece . cross-jack . crengles . crows-feet . cradle . cut-water . pag. cubbridge head . culver-tail . d davit . decks . dead-mens-eyes . dead-rope . deep-sea-line . — sea-lead . ib. disembouging . difference of ships sailing and causes . docks . drift-sail . drive . draught or drawing of a ship. duck up . e earings . ease ensigns . f fat ( or a board which is called fat ) quarter . fashion-pieces . pag. fakes . feazing . fishermen ( sea ) some made perfect mariners . fish block . fish . ib. — hook. fishing of the mast . fight , or wast cloaths . fights of defence may be well made in ships well fitted for them . — some ways and courses to be used in fights of defence . — courses to preserve your men from the enemies cannon shot . — courses to keep off an over potent enemy from boarding of your ship. — stratagems to avoid boardings . — neither this age nor half of the last have afforded any thorough example of forms for sea-battels . — a proper and fit form for a great fleet to order her self in for a sea-battle . pag. — form of a small fleet in fight . some courses to disperse fleets when they are thus formed . — best courses for the serving a great fleet formed into a half moon . — forms of fights to be practised when a small fleet is hemmed in by a great . — the best forms and courses for a fleet to defend it self in an enemies road or harbour . — being assaulted in an enemies harbour that is to friend . — best courses to assault an enemies fleet lying in a road or harbour that is a friend . — what ships of war are fittest to be employed in this assault . fidd. fire-works . fidd-hammer . fire ships how to be used and employed by way of stratagem . pag. flair . flown-sheats . flags . respects due to flags . — belonging to the princes ships to be carried out within the command of any of his castles . fore-castle . fore foot of a ship. fore-locks . fore-reach . founder ▪ foul-water . fraight . free the ship. fresh shot . futtocks . furring . g garboard planck and garboard strake . gallerie . gage . gale. garnet . general at sea to be of noble birth . girding-gort . goring . goose-wing . ground timbers . gratings . pag. gripe . grounding of a ship. gromets . graving of a ship. gunners place . gudgeons . gun-wale . guyes booms . guns and places . . — called courtaux . — of salute and entertainment to be always in number odd . — to be allowed to be given at the bringing home of prizes . guns to be given at parting of consort ship. — offenders ducked at the main-yard-arm to shoot of one or two pieces . h hatches ▪ . coamings of the hatches . hatch-way . hawses . harpings . halliards . haling ▪ hand or handing . pag. hawser . helm . — right the helm . — bear up the helm . — bear up round . — ease the helm no near heaving head sea. — sails . horse . hospital ships most necessary . hold. hoising . hooks . housed in . holsom in the sea. hounds . hull and the sea-word hulling . hullock of a sail. i jeer-rope . imprest monies allowable indulgences to be shunned . joyners office. iron bound cask very necessary . iron-sick . pag. jure-mast . k keel of a ship. — false . keelson . keeling rope . kennells . keckle . knights . knettles . knave-line . l landmen to be commanded by sea officers at sea. larboard . launce . land-fall . land-lockt . ib. land-to . ib. land-turn . ib. lash . lashers . lashing . let-fall . ib. leaks in ships . — may be found and stoped . lee-seel . pag. lee-latch . ledges . leetch . leeward ▪ leaking . laefang . letch-lines . limber-holes . lifts . lieutenants place and part . loof . loof up , or keep nearer the wind. ib. — spring the loof . ib. loof-hook . log-line . log. ib. loom . loop-holes for musquets . lasketts , lye under the sea. m mast duty and charge . masters of the ships vsurpers . mariners not over rigorous to be kept on ship board when they are in harbour . perfect mariners not sea soldiers bred in merchants voyages . maiz an excellent sea food . manger . man of war. of england the best . main mast . — fore mast . ib. marling . martnets . mats . mend the ship. missen-mast . — top-mast . — top-gallant-mast . ib. mine ( alias ) powder ships hard to be made use of and employed . moorings . — by east or west ▪ moor alongst . to moor water-shot . ib. monks-seam . munition ships and victuallers , where to be ordered and placed . n nettings . nippicers . o oakham . pag. oazie-ground . offin . off-ward . observation . orlope . over-rake . out-licker . p partners . parrels . paunches . paying . parcelling . parbuncle . passarado . pendents . . — serve for . pilats office and part . pilage to be allowed . pintles or hocks . pillow . pitch or pitching . plats . powches . powder-room . idle expence of powder to be forbiden . port the helm . ports . points . predy . pag. proviso . prow of a ship. pursers office. pumps sea. pump-brake . pump can . ib. pump-vale . ib. puttocks . puddings . pullet . q qvalities of sea services considerable . quarter masters duty . quarter . quoyle . quartering ▪ quoil . quoins . — cantique coins . ib. — standing coins . ib. r rare-lines . ram-head ▪ rake . rabbiting . ranges . resident officers in the kings ships . pag. rends . renner . rising timbers . right the helm . risings . ridings and labourings in the sea. ride a-cross . — a-peek . ib. — hawseful . — a-thwart . ib. — wind and tide . ib. — wind-road . ib. — portoise . ib. riders . ribbs . rigging . round-house . roof-trees . roomer . rope-yarn . round in , or the wind largeth . rowse in . robens run-aways to be severely punished . rules for manning of ships rung-heads . run . ib. rudder . rummage the hold. pag. rules to be practised in all chases . s sayles . sailers ( good ) have great advantage over bad sailers . — advantage that small ships being good sailers have of great ships that are bad of sail . — the best manner and form of sailing for a great and royal fleet. — with reasons and advantage of doing thereof . scuttles . scarfed . scoper-holes . — leathers . ib. — nailes . sea punishments . — men a general want of . — soldiers not bred in merchant ships . — best sea soldiers bred in his majesties ships . — yoak . — sea-drags . pag. sea-board . — sea-gate . — sea-cart or plot. seel or seeling . set the land. — the chase by the campass . send or sends much that way . . sews . seams . serving of ropes . settle a deck . shear . shot and to ride by a shot . ships of war to be well manned . — to what burden to be of . shivers . ship-ladders . sheering . sheer-shanks . ib. sheers . ib. sheer-hook . shoaling . ships of war how to be built and framed . — best sizes for ports and great guns . — of advice to discover strange fleets . pag. — how to make pre● for fight . ● — are to be baled bef●● they are fought withal . ib. — of the enemy to kn●● whether they be higher 〈◊〉 lower of board than your own . — the manner of the enemies ships building in case of boarding mainly 〈◊〉 be observed . — the best part . ib. shackels . shrowds . sheats . ship of charge . sheathing a ship. signals for knowing one ●r other . ● — are to be distinguished and conveniently to be discern'd . — for setting out at sea. — vpon the discovery of strange ships and fleets . — for the battel . ib. — vpon discovery of land. — of dangers by leaks or the like . pag. — to be well observed and looked after by all ships in a fleet. — courses for the re-collection of dispersed fleets . sinnet . skigg . slinging of the yards . sleepers . slatch of a cable . small-craft . smiting-line . sounds . spun-yarn . spending of a yard or mast . spring a mast . ib. spell . spelling the missen . splices . spooning . — the fore sail. ib. spurkets . specks or nails ragged . — marling specks . ib. strakes . stirrup . stanchions . strap . stewards office. stem . pag. stretchers . steerage . staying of masts and the over rigging of a ship. standard royal and of flags what they are . stewards room . stern . ib. — fast . steddy . striking . step. stretch . standing-ropes . stocked . surge . swifters . sweep . t tampkin . taunt , or taunt-masted . ib. tarpawlin . tackles . tack . ties . tides . . top ropes . top-armours . transom-piece . trying . trusses . pag. trice . traverse of a ship. trennels . trim of a ship. tuck . v veer . victualling of ships . vnder victuallers and such to be supected . — captains are victuallers abroad . — bad victuals cause infectious diseases . — salt victual too much in use at sea. violl . w watermen to be bred mariners . way of a ship. wast . — trees ▪ — cloaths . — boards . wale-reared . pag. wale-knot and tapering-knot . wake of a ship. walt. waft . water born . water line of a ship or windlass . — way . washing of a ship. warp . watch. wending . weather coiling . weather-gage to be kept in a fight , how to fight . — what course to take if the weather-gage be left . ib. weapons fiery to be imployed at sea. whip . winding tackle blocks . windlass . wind-taught . winding of a ship. woulding . wood and wood. finis . notes, typically marginal, from the original text notes for div a -e the admiral , generals , and admirals to be of noble birth . of a council of war. the quality of sea-services considerable . commanders to rise by degrees . his majesties ships of war to be commanded by gentlemen . of the resident officers in the kings ships . captains to choose their officers . or not justly to be taxed for neglects . the swabbers office and duty . the quarter-masters ●●●y . the office of the steward ▪ the pursers office. the cooks office. the cocksons office , and who carry whistles . the boat-swains office and duty . sea punishment . the office of the joyner . the office of the carpenter . what leaks in ships are . how leaks may be found and stoped . the master-gunner his place . the pilots office and part. the masters duty and charge . the maste of ships are vsurpers . corporals office at sea. the lieutenants place and part. the captains place and part. some small imprest ●●ni●s allowable . some pillage to be allowed . mariners not over rigorously to be kept on ship-board , when they are in harbour . an over indulgency to be shunned . run-aways to be severely punished a general want of sea-men . water-men and fishermen , to be bred mariners . sea fishermen some made perfect mariners . the coal-ships bred sea-men . ships of war to be well manned . of rules 〈◊〉 man●ing of ●●ips . perfect mariners , but not sea-soldiers bred in merchants voyages . the best sea-soldiers bred in his majesties employments . the english allowance of sea-victual transcendent . vnder victuallers and such to be suspected . iron bound cask very necessary . the captains are victuallers abroad . bad victuals cause infectious diseases . landmen to be commanded by the sea officers at sea. hospital ships most necessary . our salt victual too much in use at sea. maiz , an excellent sea food . the bermudaes of especial use and consideration . the hull , and the sea-word hulling . the keel . false keel . the keelson . the keel-rope . the garboard plank and garboard strake . limber-holes . sea-pumps . the pum-brake . the pump-can . the pump-vale . scoper-holes . scoper-leathers . scoper-nails . ground-timbers . sleepers . rungs . rung-heads . sweep . hooks . rising-timbers . the rake . the run . the beams . the futtocks . the spurkets . the decks . the orlope . the stem . scarfed . the lower counter and vpper . the beak-head . the cut-water . the round-house . the steerage . the fore-castle . a bulk-head . cubbridge-head . powches . the prow . the hold , steward-room , powder-room bread-room , &c. the rake . bluff-headed . the stern . the transome piece . the buttock . the tuck . fat quarter . the quarter . the rudder . the pintles . the gudgeons . the helm . the whip . port the helm . conding . starboard . larboard . right the helm . bear up the helm . bear up round . to bear . hoising . fraight . burthen . the bulk . the hatches . the coamings of the hatches . the loop-holes . the bow. the loof . the chess-trees . to loof up . to spring the loof . lee-latch . ease the helm . no near . steddy . carlings . culver-taild hatch-way . the catt . catt-holes . stern-fast . of the capstan and its parts . come up capstan . launce out capstan . pawl the capstan . the step. the shivers . the cocks . the knights the winding-tackle blocks . the hawses . wending . the davit . the fish-block . fish .. fish-hook . fishing of the mast . woulding . chain-wales . the bitts . the cross-piece . the manger . the blocks . the bittacle . the compass and its parts . the bolts . the gallery . the brackets . the clamps . the risings . the cook-room . the ship-ladders . the fashion-pieces . the floor . cranck by ground . furring . gratings . tarpawling . nettings . wast . the gripe . grounding a ship. the gun-wale . the wast-trees . the stanchions . the harpings . the hooks . the brest-hooks . housed in . the kenells . the ledges . the roof-trees . wale-reared . roomer . holsom in the sea. trying . rydings . and labouring in the sea. shear . rode. over-rake . a shot , and to ride by a shot . to ride across . to ride a peek . to ride hawsefull . to ride a-thwart . to ride betwixt wind and tide . to ride wind-rode . to ride portise . the riders . the quoyle . the out-licker . man of war. the partners . the pillow . the ports . the ranges . the ribs . sea-gate . the scuttles . settle a deck . sheathing a ship the skegg . strake . stirrup . trim of a ship. the ballast of a ship. walt. wast-cloaths . fights . water-born . water-line . water-way . the windlass . wood and wood . the main-mast . the fore-mast . the missen-mast . the bonaventure missen . the bolt-sprit . top-masts . top-gallant-masts . the cap. the cross-trees . the parrels . the brest-ropes . the cheeks . the hounds . the ties . the yards . the sails . the leetch . the earing and bolt-rope . bent unto the clew . the clew of a sail. goring . the cleat . the coats of the masts ▪ the gromets . the laskets . courses , bonnets and drablers . the crengles . bowlings and bowling bridle . bunt-lines . jury-mast . to steer . paunches . sinnet . serving of ropes . rope-yarn . knettles . caburns . spun-yarn . spending of a yard , or mast . to spring a mast . slinging of the yards . the cross-jack . the bunt of a sail. leeward . lee-shore . vnder the lee. to alee the helm . a leeward ship. to come by the lee to spell the missen . to veer . a ship goes veering . quartering . rigging . ropes . entring-rope . top-rope . guest-rope . bucket-rope . rudder-rope . preventer-rope . the ram-head . wind-taught . halliards . small-craft . shrowds . dead-mens-eyes . set-taught the shrowds . ease the shrowds . pendants . tackles . boats-tackles . gunners-tackles . winding-tackles . the fall. the swifters . bowse . ease . rise . tack . close upon a tack . close by a wind. hale aboard the tack . ease the tack . chevil . wale-knot and tapering knott . the puttocks . topps . back-stays . main-stay . main-top-mast stay. missen stay. the braces . to square the yard . brace the yard . traverse the yard . right the yard . careen . graving . paying . parcelling . calking . oakam . seams . rends . trenells . leaking . spring a leak . washing of a ship. becalming . winding of a ship. the collar . the garland . strap . the crows-feet . the puddings . the robins . make fast . the clinch of a cable . the cable . the cable is well layed . serve or plate the cable . quoil the cable . pay more cable . splicing . splices . fidd. fidd-hammer . quoiling . a quoil . knecks , kencks . 〈…〉 fakes . bend the cable . bight . a bitter of a cable . a boun-grace . brails . hale up the brails . brail up the sails . furling-lines . caskets . brest-fast . warp . catharpins . chafing of a rope . a ship of charge . to chase . clew gurnet . clew-line . deep sea-line . deep sea-lead . oazie-ground . to dock her self . docks . cradle . launce . drift-sail . drive . tides . windward tide . leeward tide . tide-gate . bar. sand. points . feazing . marlin . sheats . flat in the sail. ease the sheat . let fly the sheat . a false sheat . stern-sheats . tally the sheats . duck up . flair . flown-sheats . free the ship. fresh-shot . forefoot of a ship. gone out a head . fore-locks . fore-reach . the ship is foul . founder . foul-water . gage . draught . gale. a trip. tempest . storm . garnett . a girding-girt . goose-wing . studding-sail . guyes . booms . haling . hand or handing . hawser . heaving . a head-sea . head-sails . a horse . wapp . hullock of a sail. weather-coiling . set the missen . peek the missen . spell the missen . jeer-rope . knave-line . land-fall . land-lockt . land-to . land-turn . a brize . to lay a land. the land is shut in . leefang . leech-lines . the martnets . top the martnets . legs of the martnets . lifts . top the lifts . log-line . minute-line . the log. a watch. quarter watch. loof-hook . a parbuncle . runner . over-hale the runner . a passarado . plats . rare-lines . smiting-line . standing parts . standing ropes . top-ropes . the violl . nippers . sea-yoke . trusses . anchors . anchor-parts . kinds of anchors . kedger . grapnel . sweep . board . channel . buoy . stream the buoy . buoy up a cable . stream-anchor . a-peek . cock-bell . let fall an anchor . the anchor is foul . fetch home an anchor . the anchor comes homes . shoe the anchor . boat the anchor . anchorage . spring-tides . neep-tides . neeped . long-boat . skiff . shallop . tiller . thoughts . thowls . barge-bales . tilt. swift the boat. gift-rope . free the boat. man the boat. fend the boat. wind the boat. a bolt boat cock-boats . wherries . hoys and catches . where guns lye in ships . a tire of ordnance . chase-pieces . chase forwards . stern-chase . carriages for ordnance . the parts of a ship carriage for guns with all their appurtenances . carthrages . formers . budge-barrels . trunnians . metal . vnder metal . with her mettal . disparting . cilender . the piece is cloyed or spiked . priming . priming iron . priming horn. fights . murtherers . chambers . amain . armed . honey-combs . rammer . wadd . spunge . awning . birth and birthing . brooming of a ship. butt . spring a butt . rabbeting . rabbet of the keel . sea-cart . plot. traverse of a ship. observation . traverse-bord . dead-reckoning . height of the sun. glasses . cranck . cut. disembouging . gulphs . sounds . indrughts . sounding . sound the pump . sounding-line . sounding-lead . sea-drags . iron-sick . keckle . keckling . lash . lashers . lasking . let-fall . loom . to lye under the sea. man the ship. speeks . quoins . cantique coins . standing coins . marling . speeks . mats . mooring . to moor alongst . to moor water-shot . mooring by east or west . proviso . monks-seam . sews . offin . sea-board . off-ward . pullet . pitch . pitching . predie . round in . the wind largeth . rowse in . rummage the hold. a seel. lee-seel . send . to set the land. set the chase by the compass . shackles . the bar of the port. sheering . sheer-shanks . sheers . sheer-hooks . shoaling . slatch of a cable . spell . spooning . spooning the fore-sail . stoaked . stretch . striking . surge . tampkin . taunt . top-armours . fire-works . trise . dead-rope . waft . wake of a ship. wast-boards . stretchers . way of a ship. this discourse to have been made on ship-board the differences of ships sailing and the causes . touching the staying of masts , and the over-rigging of a ship. how our shi●s , are the best men of war. good sailers have great advantage over sailers . the advantage that small ships being good sailers have of great ships , that are bad of sail. of what burthen ships of war are to be of . ships of war , how to be built and framed . the best sizes for ports , and great guns . of the guns called courtaux . of drakes . ceremonies for entertainment aboard of the prince , his admiral or general . guns of salute and entertainment to be always in number odd . idle expence of powder to be forbidden . the kings admiral ships , and his castles to be saluted with guns . guns to be allowed to be given at the bringing home of prizes . guns to be given at parting of consortship . of the standart royal , and of flags what they are . respects due unto flags . flags belonging to the princes ships to he carried out within the command of any of his castles . of colours , ensigns , pendants . what pendants serve for . the ceremonies in haling of ships . the ceremonies of striking the top-sails . the best manner and form of sailing for a great and royal fleet. together with the reasons and advantages and ways of doing thereof . signals , for trying , hulling , knowing one another to be made and known . signals are to be distinguished and conveniently , 〈◊〉 be disce●ned . signals , for setting out to sea. for the conventions of councils of war , and councils general . signals , upon the discovery of strange ships and fleets . and for the battel . signals upon discovery of land. and of dangers by leaks , or the like . all signals to be well observed and looked after by all ships in a fleet. courses for the re-collection of dispersed . fleets . ship of advice to discover strange fleets . rules to be practised in all chases . ships are to be haled before they are fought withal . ships how to be made predy for a fight . the weather gage to be kept in a fight . how to fight . what course to take if the weather-gage be lost . at what distance a broad-side is to be given . how fiery weapons are to be employed at sea. to know whether the enemies ship be higher or lower of board than your own . the manner of the enemies ships building ( in case of boarding ) mainly to be observed . the best parts to board a ship in , and the way to do it . how to make use of a consort in the boarding of an enemy . in all boardings trains of powder are to be taken heed of , and how these may be done . fights of defence may be well made in ships well fitted for them . some ways and courses to be used in fights of defence . courses to preserve ●our men from the enemies cannon shot . courses to keep off an over potent enemy from boarding of your ship. stratagems to avoid boardings . neither this age , nor half of the last , have afforded any thorough example of forms for sea battels . a proper and fit form for a great fleet to order her self in for a sea battel . all admirals to order themselves that they may be seen . the munition ships and victuallers where to be ordered and placed a form for a small fleet to fight in . the forms of sea-fights practised at lepanto and in . some courses to dispose fleets when they are thus formed . fire ships how to be used and employed by way of stratagem . mine ( alias ) powder ships hard to be made use of and employed . the best courses for the severing of a great fleet formed into a half-moon . forms of fights to be practised when a small fleet is hemmed in by a great . the best forms and courses for a fleet to defend it self in an enemies road or harbour . the best form and courses for a fleet to defend it self being assaulted by an enemy in a harbour that is to freind . the best courses to assault an enemies fleet lying in a road or harbour that is a freind . what ships of war are fittest to be employed in this assault . how mine or powder ships may be employed in this assault . this subject rarely written of . richard bowdler, plaintif. george morgan, defendant this bill is an humble petition of richard bowdler and vvilliam meggs, that a report and decree, thereupon made in the high court of chancerie betweene george morgan and them, and others, and all fines imposed vpon them for not performing of the same to be void, and that an arbitrement made at the desire of the parties may be establihed and confirmed by act of parlilament for these causes. bowdler, richard. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) richard bowdler, plaintif. george morgan, defendant this bill is an humble petition of richard bowdler and vvilliam meggs, that a report and decree, thereupon made in the high court of chancerie betweene george morgan and them, and others, and all fines imposed vpon them for not performing of the same to be void, and that an arbitrement made at the desire of the parties may be establihed and confirmed by act of parlilament for these causes. bowdler, richard. sheet ([ ] p.) s.n., [london : ] bowdler's bill had its first reading . march --stc; see notestein, v. . imprint from stc. reproduction of original in the guildhall library, london, england. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng morgan, george, fl. -- early works to . england and wales. -- court of chancery -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion richard bowdler , plaintif . george morgan , defendant . this bill is an humble petition of richard bowdler and william meggs , that a report and decree , thereupon made in the high court of chancerie betweene george morgan and them , and others , and all fines imposed vpon them for not performing of the same to be void , and that an arbitrement made at the desire of the parties may be established and confirmed by act of parliament for these causes . first , that morgan was called to account by bowdler , by bill in chauncery , as his factor , for diuers yeares ; that he might be releeued against certayne false accounts exhibited by him ; whereunto morgan did answere , and preferred a crosse bill against the petitioners and others , charging them as partners with matters of account . the court by consent of the parties and their learned councell , awarded a commission to rowland backhouse , robert ducy , tho. morley , ralph core , and ro. palmer , merchants of london , with authoritie to examine and determine these accounts and differences , wherein for their satisfaction they pervsed and considered of all bookes of account , bills of exchange , letters and other writings produced concerning the same , but because the commission was returnable before they could conclude any thing , the parties importuned them to end the said accounts and differences by arbitrement , and submitted themselues to their award by seuerall obligations of great summes of money , bearing date the . day of october . and for the better strengthning of their proceedings in the said arbitrarie course . the lord chancellor was pleased to graunt a commission bearing date the . day of the same moneth , with power to take oath of the parties and witnesses ; and to determine the differences or to certifie their proceedings . and his lordship did write his honourable letters to fiue other merchants to giue their assistance , as oft as the said arbitrators should thinke sit . and after . meetings and exact examination of all differences and accounts aforesaid , the said arbitrators being often aided by the said assistants , they did finde morgan indebted vnto bowdler in the summe of l. s. which they did award he should pay vnto bowdler the . of aprill following . and also by their said award did order and determine what each partie should performe to other , as particularly at large thereby appeareth . secondly , for that the said arbitrement being after called in question by the said morgan by false suggestion that it was partially made : the said arbitrators being required to certifie their proceedings to the court , did so certifie , answering thereby all obiections , and declaring that william meggs was no wise chargeable vnto morgan , but that he was vniustly vexed by his said suite : neuerthelesse , by orders in the said court the said award was suspended which ought rather to haue beene put in execution . and the bonds sealed to performe the same were called into the court , and all bonds , bills , &c. which the commissioners had receiued of morgan were redeliuered to him , albeit they appertayned to bowdler as being accounted for before the commissioners . thirdly , because the truth of bowdlers cause , being a discouerie of falsities and misprisions in a factors accounts , could not bee so euident by examination vpon fixed intergatories , as it was apparant to the commissioners that had therein proceeded as afore ; his lordship caused them to certifie particularly the reasons that moued them to make the said arbitrement , which they did accordingly . whereupon ( for that the said arbitrement was grounded aswell vpon examination of witnesses as vpon morgans confession and otherwise , and that particular relation thereof was made by the said 〈…〉 witnesses but the cause comming to hearing the . day of december then following , by order of chancerit the said award and certificat were made void , and the commissioners branded with infamie and disgrace without being called to answere for themselues . and without a bill exhibited to shew the defects of their award , and a new reference to sir robert rich and sir william bird , two masters of the chancerie , and foure other merchants was made to examine the said accounts and differences , but without power to examine vpon oath . fourthly , for that the said masters and merchants were directed by the chancerie to proceed onely vpon proofes taken in court , and vpon depositions taken before the said arbitrators and vpon accounts , letters and writings , such as could bee iustified by two witnesses , ( neither arbitrators nor parties ) to haue beene produced and allowed before the arbitrators , which kind of proofe was not possible to be made , for that there was none present at the debating of the cause , but the arbitrator and parties whereby bowdler was bereaued of the benefit of his proofes , and of morgans confession , and depriued of the meanes to manifest the truth . also the depositions taken on bowdlers behalfe before the arbitrators were reiected , but all depositions on the said morgans behalfe were allowed ; whereupon the said masters with their assistants reported , that the said bowdler was indebted to morgan in the summe l. s. d. and the same report was decreed notwithstanding any thing that was offred against it . fiftly , albeit meggs were admitted to supplimentall proofes , and the two masters were to consider whether meggs were partner with bowdler , and whether meggs his lending bowdler his credit did occasion morgans ingagements ; and what estate of bowdler came to meggs his hands , and when ; yet after supplimentall proofe made by meggs and morgan ; the two masters did certifie that meggs was partner with bowdler ; and that morgans ingagements were occasioned by meggs his assisting bowdler with his credit : and that there was of bowdlers estate in the hands of meggs the summe of l. s. d. whereas it is most apparant that meggs was not partner with bowdler in morgans imployments , nor that morgans ingagements were occasioned by his lending his credit to bowdler , nor that he had any estate of bowdlers in his hands , but that bowdler was iustly indebted to meggs in . and it is most cleare that meggs is not to be charged vnto morgan by the custome of merchants , nor by the law for assisting bowdler with his credit ; and there is nothing to leade the masters to conceaue that the said meggs should haue of the said bowdlers estate in his hands the summe of l. s. d. but this report induced his lordship to decree , that meggs should be aswell charged as bowdler with the payment of the said l. s. d. and the fift of december last his lordship imposed a fine of one thousand pounds a peece vpon the said meggs and bowdler for non-performance of the said decree ; and thereupon a scire facias hath beene awarded . forasmuch , as no redresse of such decrees is to bee had but in parliament : the humble petition of bowdler and meggs is , that all the proceedings in chancerie may be declared to be void , and the said award established by act of parliament , to bee performed for the causes and reasons aforesaid . mr. speakers speech in the lords house of parliament, june , lenthall, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mr. speakers speech in the lords house of parliament, june , lenthall, william, - . p. s.n., [london : ] caption title. attributed to william lenthall. cf. bm. place and date of publication from bm. reproduction of original in british library. eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- history -- charles i, - . a r (wing l ). civilwar no mr. speakers speech in the lords house of parliament, june , lenthall, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. speakers speech in the lords house of parliament , iune . . that policy , most gratious and dread soveraigne , which weighs the prerogative of the king and property of the subject in the same scales , and increases the plenty of the crowne , and contentment of the people ; the even poising or this beame enables both , the one being ordained for the preservation of the other . this principle is so riveted into the hearts of your subjects by the acts of their ancestours , & traditions of their fore-fathers , that it hath created a beliefe in them , that their wills are bound to a due allegiance , and their fortunes and estates , as well as their duty and subjection , must bend to the commands of that soveraigne power with which god hath invested your sacred majestie . compulsary obedience , advanced by the transcendent power of prerogative ; is too weake to support the right of government : it is the affections & estates of your people , tyed with the threads of obedience , by the rules of law , that fastens safety and prosperity to the crowne . the experiment of elder times , in the raignes of the most valiant puissant princes , hath concluded this the soveraigne preservative against the diseases of distraction and confusion , and makes it manifest to the world , that the honour and glory of this throne is to command the hearts of free-men . this admitted , the permission of the least diminution , or any eclipsed interposition betweene the honour and plenty of the crowne , contracts a scorne upon the nation . severall parliaments in former times have stampt the character of a free gift upon the fore-front of this aid , still offered by the people , as a sacrifice of thanksgiving to the crowne , for the safe conduct of your merchants , and provision of the navie , to strengthen your undoubted dominion over the seas , which hath protected your allyes , and is a terrour to your enemies . our hopes were long since to have settled this for the measure and the time , and with this to have presented to your sacred majestie the triumphant palme of tranquillity in all your kingdomes : but , as a ship floating upon a rough sea , we have been cast upon the rock of feare and dangers , and tossed on the billows of distraction and distrust of church and common-wealth , where we yet remaine hopelesse ever to passe through that narrow channell which leads to the haven of peace , unlesse we be speedily steered on by the hand of your sacred wisdome , care and providence . in the midst of all these troubles , and the severall opinions which have beene amongst us , no division had power to distract any one of us from the care and duty we owe to your sacred person . and , to that end am i now sent by the commons of england , to present this as a marke onely , whereby your sacred majestie may view the inward duties of our hearts , untill time and opportunity will give leave for a further expression of our duties and affections . the acceptation of this gift will glad the hearts of your people , and the approbation by the royall assent of this bill ( being the largest for the measure which was ever given ) will joyne wings to our desires and hopes , which shall never returne without that olive-leafe , which may declare that the waters are abated , and your sacred majestie may have full assurance of the faith and loyaltie of your subjects . finis . some observations concerning the regulating of elections for parliament, found among the earl of shaftsbury's papers after his death, and now recommended to the consideration of this present parliament. shaftesbury, anthony ashley cooper, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) some observations concerning the regulating of elections for parliament, found among the earl of shaftsbury's papers after his death, and now recommended to the consideration of this present parliament. shaftesbury, anthony ashley cooper, earl of, - . , [ ] p. printed, and are to be sold by randall taylor near stationers-hall., london: : . advertisement on p. [ ] at end. item at reel position : incorrectly identified as wing o . item at reel position : is a reproduction of original in the british library. item at reel position : is a reproduction of original in the forster collection, victoria and albert museum. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- elections. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion some observations concerning the regulating of elections for parliament . some observations concerning the regulating of elections for parliament , found among the earl of shaftsbury's papers after his death , and now recommended to the consideration of this present parliament . with allowance . london : printed , and are to be sold by randall taylor near stationers-hall . . some observations concerning the regulating of elections for parliament , &c. the parliament of england is that supreme and absolute power , which gives life and motion to the english government . it directs and actuates all its various procedures , as the parent of our peace , defender of our faith , and foundation of our properties ; and as the constitution of this great spring , and primum mobile of affairs , is in strength and beauty , so will also all acts and performances which are derived from it , bear a suitable proportion and similitude . for whether the constituting members of this great body be such , as may give it the denomination of sanctum , indoctum or insanum , ( by which epithets some former parliaments have been known and distinguished ) such will also be , all the acts and statutes which are made by them , each naturally wearing the character and likeness of that , to which it owes its being . this great council bears a date , coaevous perhaps with the originals of our government , and was constituted with sufficient prudence and caution , with relation to the innocence and ignorance of the times and people then in being . it was then , that a deed of three inches square , was sufficient to convey away twenty good mannors and lordships . but subtilty and cunning having now made some bolder advances into the world , we are forced to alter our measures , and instead of inches to take ells. it seems therefore necessary , as in things of smaller concernment , so most especially in matters of so much greater moment , ( as is the settling and fortifying our parliament , ) so to erect its bulwarks and rampiers , that the most vigorous attacks of fraud and corruption may make no breaches or inrodes upon it . it is here , our care and diligence ought to be applyed with the greatest exactness ; for as our laws and government are established , we can derive our happiness or misery from no other source . it is from the fruit of this great council that we must expect our nutriment , and from its branches our protection ; i hope therefore it may not seem over officious , if with the skilful gardiner , i do open and expose the roots of this great tree of the common-wealth , with an intent that every branch and fibre may with the greater ease and conveniency , be so trimmed and laid , that no defects or redundancies may continue ; but that every individual of this great body , may happily conspire to produce that peace and tranquillity in the nation , which may be expected from their counsels , and a well constituted government . it seems then reasonable to believe , that the priviledge of sending representatives to parliament , ( though grounded upon a natural and fundamental right in the people ) was at first immediatly derived from the king ; for that , where histories and records begin to transmit memorials to succeeding ages , we find him sending his writs , directed to such persons , towns , or vills , which he thought most considerable within the kingdom , by vertue of which writs , elections were accordingly made , and representatives returned to parliament . that the kings prerogative does still extend to grant this franchise , to such other towns or villages as he shall think fit , i cannot affirm , because some (a) learned in the law assure us it cannot legally be done , but by act of parliament . but others are again of a contrary opinion , as was adjudged in the case of (b) duncannon and (c) newark . it is certain , that parliamentary matters were never settled otherwise than by act of parliament , as appears by several (d) statutes in such cases made , and we also find the priviledge of sending members to parliament , given to several places by (e) act of parliament , which had been unnecessary , could the king alone have granted it by any other method . it is moreover a thing of very dangerous consequence , to have such a power lodged in the king alone ; for then he might thereby infranchise what number of vills he pleases , and by the same power place the election of their representatives in a select number , such as he should always have the power to direct and appoint ; which would be in effect to choose his own parliament , and thereby to make or repeal what laws he pleases . wherefore i conceive this point ought now to be so settled , as for the future to obviate all such inconveniencies which might otherwise ensue . another thing , which also requires the care of this great council , is to limit and restrain the exorbitancies of a quo warranto so , that the electing burroughs may have their priviledges and immunities secured , from the judgment of a corrupt judge , who derives his being , and holds his judicial breath only ad voluntatem domini . if this grievance be not obviated by some good law , a king may as well destroy all the old burroughs , as erect new ones , to the inevitable overthrow of our laws and government . in the next place i conceive it may become the prudence of this parliament ( from which we may expect the foundations of our happiness will be so laid , as to become impregnable against all the future assaults of an invading tyrranny ) to look into the constitutions , and customs of such burroughs which have right to elect , and which in several particulars , seems to require a touch of the supreme authority to set them right . the first inconvenience they labour under , is the variety of their respective titles ; some claiming to elect by prescription , others by grant ; some again by a select number , others by the populacy ; some by the magistrate and burgesses , others by the magistrate , burgesses and freemen , others again by the magistrate , burgesses , freemen , and commonalty , and some also in respect of their ancient burrough houses only ; the rest of the town , which is the much more considerable part , being excluded . the grievance which grows from this difference of title in several burroughs , is often ambiguity and uncertainty of title in the same burrough ; for sometimes the select number contends with the community , one burrough house with another , &c. and from hence it is , that we have usually so many petitioners in each parliament , the magistrate not knowing which of right ought to be returned . nor can a committee of elections ever settle their respective titles , by a final determinative judgment ; for we find it often giving an opinion upon one and the same title , and in the same burrough , differently , as favour and power can make the stronger interest . all this may be remedied by an act , which should give one and the same new title to all the electing burroughs in england and wales , by which alone , they should all for the future , claim to send members to parliament ; thereby settling the electing power in such persons , ( whether they be a select number , or the whole populace , ) as in prudence should be thought most convenient . the design of choosing the members of parliament by the people , was , that no laws should be made , no monies raised , nor any course pursued , by those who sit at the helm , but with the steerage and direction of the people , by their representatives . now by all the laws and rules of representation , no town , city , or body of people , can be represented without a vote in the choice of their representative . that the parliament as now constituted , is no equal representative of the people , is notorious ; in that several burroughs , so inconsiderable , that they contain not above three or four houses , send each of them two representatives to parliament , whilst others ( which contain an hundred times their number of houses , people , trade and wealth ) have no representative at all in the management of publick affairs . so also the county of cornwall sends no less than forty three members to parliament , whilst the city , and whole county of chester sends but four , and the twelve counties of wales but twenty four amongst them all . from this inequality of representation it follows , that acts are often made which redound to the prejudice of the whole body of the people , merely to advance the gain and advantage of some particular places ; as was that which prohibited the importation of irish cattle , being carried principally by the supernumerary votes of some counties , which have more electing burroughs , than upon a just and equal devidend , do fall to their share ; and these being generally of a dry and barren soil are thereby chiefly adapted to the breeding of cattle ; which benefit would have been diminished by an inlet of beasts from ireland . this inconvenience may be easily removed by depriving towns of less note of this franchise , and bestowing it upon others of greater consideration in the same , or in other counties , which most want it , as do those of cambridge , bedford , hartford , huntingdon , &c. where the electing right is committed to a select number , i think it were desirable , that the electors should be chose annually , and not be tenants for life in their electorate ; this would in a great degree prevent pre engagements , and corruption , which often happens where a power by long continuance in one person , is apt to stagnate and putrifie . the great number of electors in popular burroughs , and in choosing knights of the shire , requires to be regulated and limited , and the power of election to be fixed in the optimacy only . my reasons for this are , that amongst the electing crowd , the majority is generally of a mean and abject fortune in the world , and thereby subject not only to disorders and quarrels , but to be misguided also by their ignorance , and total want of that discerning faculty , which electors in such weighty concerns ought to have : they are moreover under the temptation of being corrupted and seduced by the inveiglements of a little mony , or a pot of ale : whilst those whose circumstances are more enlarged , have their thoughts so likewise , being thereby raised beyond such low alurements , and rendered more careful how , and into whose hands they dispose of this great trust , the breach whereof might at once rob and deprive them of that their substance , which has been the acquisition perhaps of some ages . it was for these and several other reasons mentioned in the preamble , that by the statute of the . of h. . c. . it was enacted that no knight of the shire should be chose by any , who had not a freehold of the clear yearly value of s. per annum , which was then as much in value as l. per annum is now , or has been , since the finding out of the american treasure , and the enlargement of our trade . and i think it but reasonable that as the value of mony falls , so the wealth of the electors should rise , and that electing votes in the county should again be limitted to such only , who now have lands and tenements to that value , which s. per annum bore in those times when this act was made . if this particular were thus regulated , the numbers at the county elections would be reduced , probably to a fourth part of what they now are , and thereby the unreasonable expence in entertaining so great a crowd , and the great dangers which may accrue from such an ungovernable multitude , would be in a great degree avoided and prevented . as the persons electing ought to be men of substance , so in a proportioned degree ought also the members elected . it is not safe to make over the estates of the people in trust , to men who have none of their own , left their domestick indigencies , in conjunction with a foreign temptation , should warp them to a contrary interest , which in former parliaments we have sometimes felt to our sorrow . wealth and substance will also give a lustre and reputation to our great council , and a security to the people ; for their estates are then pawned , as so many pledges for their good behaviour , becoming thereby equal sharers themselves in the benefit or disadvantage which shall result from their own acts and councils . thus a good estate may be a good security to engage faith and honesty ; but he who sits at the helm of government , ought not only to be a graduate in fortune , but in prudence and experience also . to me it seems extreamly irregular , to see the unfledged youth make his first advances into the world , in the quality of a burgess for parliament , chosen upon no other account but because it was his fortune , by his fathers early death , to become the landlord of a neighbouring burrough , or is perhaps its best customer , deriving from thence the necessaries of a numerous family . forty years ( whereof twenty five are generally spent in childhood and vanity ) seem to be few enough to entitle any one to the grandeur and gravity of an english senator , and why so many , who seem by their greenness to be as yet but a novelty to the world , should be admitted a place in this great council , whilst those of greater age , wisdom , and experience must be excluded , i do not understand . by the . h. . ch . . it is enacted that every knight of the shire should be chosen out of such who are resident in the county , and every citizen and burgess , from amongst the citizens and burgesses of the cities and burroughs electing . how far this act ought to be observed , will be worth consideration ; for a confinement in this case , seems to be an abridgement of a free choice , and it often happens , that men of the greatest knowledge and experience in the affairs of the kingdom , have their abode principally in the metropolis , especially such of the long robe , who by their profession are obliged to it . but the non observance of this act on the other side , has been often the occasion that courtiers have bolted into country burroughs , and by the strength of their purse , and liberal baits , have so seduced these poor rural animals , as to obtain an election from them , though to the ruin and overthrow of their own laws and liberties . the choosing of such men to serve in parliament , might probably be obviated , by an act , prohibiting the expence of any mony by treats or otherwise , in order to be elected , it being only to these indirect methods , that such persons usually owe their success . but when all is done , it will be found difficult ( though with the greatest art ) to bring an old irregular structure into a convenient uniformity , otherwise than by razing it to the ground , and erecting a new pile by some better contrived design . for although all the defects and irregularities in the election of members for parliament before-mentioned , should be removed and altered , yet there still remains something in the very constitution of this part of our government , which is not so agreeable to a curious thought . a true and perfect model to build by , is what i dare not pretend to give , yet that which follows may afford some hints and assistance to a better fancy and judgment . in respect then , that every individual person in the nation , has a natural right to vote in this great council ; but this being impracticable , they are forced to do it by proxy ( that is ) by devolving this right upon certain common representatives indifferently chosen , for certain select numbers and communities of men , in which the whole body of the people is , or ought to be comprehended ; and whereas , every pater-familias , or house-keeper , is a natural prince , and is invested with an absolute power over his family , and has by necessary consequence , the votes of all his family , man , woman , and child included in his ; let then the sheriffs precepts be directed to every parish within his county , which the next sunday following the receipt thereof , may be publickly read after the forenoon sermon in church ; thereby giving notice to all the house keepers in the parish , to meet at a convenient place , and certain hour the day following , in order to choose an elector for the county . let also the church-wardens of each parish prepare a list of eight or ten of the most eminent persons for wealth , gravity , and wisdom in their parish ; this list to be brought the next day to the place of election , to this purpose , that every house-keeper do , by a dot with a pen , adjoined to the person's name whom he enclines to elect , declare his choice ; and that by the plurality of dots , the elector be returned by the church-wardens to the sheriff . this done in each parish , let the sheriff prepare a list in the same manner , of the names of all the gentry in the county , who are each worth in lands and moveables at least l. all debts paid , and not under forty years of age ; which being in readiness , let all the representatives of parishes , chosen as aforesaid , repair to the county town the very next day after the parish election is over , and there proceed to elect out of the sheriffs list , seven , nine , or eleven members to serve in parliament , or so many as upon a just dividend , shall be thought expedient to compleat the number of members , which are to act in this great council . before the electors proceed to choose for the county , it might probably be convenient to administer an oath to this purpose , that their vote is no way pre-engaged , and that they will choose , without favour or affection , such members as in their conscience they do believe most fit to serve in parliament . and that to the members elected , upon their admission to the house , this oath , together with the others in use , be administred , viz. that they are worth l. all their debts paid , and that directly , or indirectly they did not expend any mony , or gratuity whatsoever , in order to their election , and that they neither have , nor will receive any gratuity whatsoever , upon the account of their vote in parliament , but that they will in all matters that shall come before them , act uprightly according to their conscience and vnderstanding , without any private design , favour , or affection to any . that , to prevent the inconveniences of fear and favour in electing , the method be such , that none may know on whom the electors votes were conferred ; and it may be thus performed . suppose a room with two opposite doors , and a table in the middle , on which the list shall be spread . all the electors being at one door , let them go in one by one , each writing down his dots , and going out of the room at the other door before another comes in ; or if this may prove tedious , it is only placing more tables in the room with every one a list on it , and so many may then be admitted in at once , as there are lists , which will make greater dispatch , and yet no discovery , in that every list is upon a separate table . to prevent also all fraud and indirect practice , it will be convenient that the officers concerned in the elections , both in parishes , and in the county , be upon their oaths . it is also fit that a limitted allowance be made for the expence of the day , which is to be in parishes , at the parish charge , and in the county town , at the charge of the county . if any controversie arise about elections , either in the parishes or counties , ( which in this method can scarcely be supposed ) it may be decided by the votes of the remaining persons upon the list , who pretend to no election . if several persons happen to have an equal number of votes , it shall be determin'd by lott . if any person from any part of england , shall send his name to any particular county , to be inserted in their list , as a person qualified to serve in parliament ; it may be done ; but none to stand candidate , in more than one list at a time , lest he should be chosen in both counties , and to occasion the trouble of a new election . that the same list of candidates shall continue till the dissolution of the parliament , if it fits not above three years ; and upon the intermedial death or removal of any of the members for the county , then he who had the next majority of votes upon the list , to succeed in his place , without further trouble or charge of election . by this method the parliament will be a perfect representative of the whole body of the people , and also of every numerical person in the kingdom . here can be no partial ( and consequently prejudicial ) acts made by separate interests and factions : none will sit in this great council but men of gravity , wisdom , integrity and substance ; no pensionary members ; no unfair elections ; no foul returns ; no petitioners kept in attendance till a dissolution ; no quo warrantos to destroy the natural fundamental rights of the people ; no room for corruption , bribery and debauchery , either in the electors or the members elected ; no patrimonies wasted in the extravagancies of an election ; no bankrupts shrowding themselves under the shelter of a parliamentary privilege ; no unruly rabbles , tumults , factions and disorders in election , amongst the commonalty ; no heats and animosities amongst the gentry , often caused by their violent competitions : but all will be managed with that evenness , justice and temper , that nothing can more effectually conduce to the securing of our liberties and properties , the grandieur of our government , and the honor of our nation , than such an establishment . finis . an advertisement . there is lately published by randal taylor the proceedings of the present parliament , justified by the opinion of the most judicious and learned hugo grotious , with considerations thereupon ; written for the satisfaction of some of the reverend clergy , and others , who seem to labour under some scruples concerning the original right of kings , their abdication of empire , and the peoples inseparable right of resistance , deposing , and of disposing , and settling of the succession to the crown . notes, typically marginal, from the original text notes for div a -e (a) pryns register of parliament writs , . part , f. . b. (b) hob. rep. f. . (c) journal of the commons house . (d) . r. . c. . . h. . c. . . h. . c. . (e) . h. . c. . . h. . c. . . h. . c. . katherine pettus, plaintiffe, margaret bancroft, defendant [brace] in chancery pettus, katherine. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) katherine pettus, plaintiffe, margaret bancroft, defendant [brace] in chancery pettus, katherine. bancroft, margaret. england and wales. court of chancery. broadside s.n.], [s.l. : . at head of title: novemb. . . reproduction of original in harvard university library. eng pettus, katherine. bancroft, margaret. england and wales. -- court of chancery. a r (wing p ). civilwar no novemb. . . katherine pettus, plaintiffe, margaret bancroft, defendant in chancery pettus, katherine d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion katherine pettus , plaintiffe margaret bancroft , defendent in chancery . the plaintiffe a poore widow , oppressed in an extraordinary manner by the power of the defendent and her friends in this suit in chancery , now of . yeares continuance , wherein the plaintiffe sueth for an orphans portion against the defendent , the widow and executrix of mr. thomas bancroft , the executor that raised his whole estate by his executorship . the plaintiffe through this suit is above . l. in debt , and some of her creditors are ready to perish for want of their moneys , is brought to sue in forma pavperis , hath sold and pawned all the goods and meanes shee had any waies for her subsistence , and hath been and is forced to take up money at brokage after , , and . l. in the hundred , and hath nothing left to live upon , but is supported upon almes and charity , her whole estate , for her self , her fatherless children , and creditors , being in and upon this suit. the orphans portion is , by vertue of , and according to , the orders of court , cast up , and certified by a master of chancery , to amount unto . l. upon the first of march , . ( and after . ●per cent. since , commeth now unto . l. ) ; yet the master hath taxed but . l. for the plaintiffes costs , whereas the plaintiffe , and her late husband the orphan have spent in this suit , neere . l. if not full so much . the sa●d thomas bancroft , the executor , above . yeares agoe , at his death , and within three weekes before his death , when this suit had continued above foure yeares against him , left to the defendent his wife , and their children , being onely three daughters , whereof the two elder were richly married before , and hee had given them answerable portions , a personall estate of above . l. and a reall estate of . l. a yeare lands of inheritance , or thereabouts ; all which hee raised and bought , after hee had possessed himself of the testators estate , and this orphans-portion . the defendent margaret bancroft , after shee had stood out all processe of contempt in chancery , and obscured her self , for almost seven yeares together , was , by the plaintiffes procurement , with much trouble , searching , and charges to the plaintiffe , arrested by a serjeant at armes upon the .th day of july , . and was committed to the fleet , where after she had been about a yeare imprisoned , she removed her self from thence by a habeas-corpus unto the prison of the v●per-bench , where shee still remaineth , obstinatly refusing to make satisfaction to the plaintiffe ; and the estate of the said thomas bancroft , is so fraudulently passed away , by himself and the defendent , si●ce the b●ginning of this suit , for the use of the defendent , and their children , that the poore plaintiffe can get no fruit nor benefit of her suit , though shee hath an ordinance of parliament of the th of august . that shee should receive the fruit and benefit of her suit by the ordinance and authority of both houses of parliament . the plaintiffe humbly representeth this short part of her case to the honourable committee , that is to bring in a bill for the relief of creditors and poore prisoners , most humbly praying , that in the said bill there may bee some speciall provision made for such like cases ; and that the words in the late act for the relief of creditors and poor prison●s ( but a settlement or graunt made by such prisoners of their estates , or any part thereof , or made by any other person , for whose debt the said prisoner is imprisoned of his or her estate reall or personall , or any part thereof , to any of their children or heyres apparent , vpon marriage or otherwise , after a debt contracted , is not to be accompted a purchase or conveighance to bee allowed , further then to cause restitution of the money , which was really payed to , and received by , such prisoner , or other person vpon such conveighance or graunt ) may bee put into the said bill and like act to bee made ; which words will save much trouble in the proof of fraudulent deeds , which the leaving out thereof in the late ordinances would have put unto ; and that there may bee , understanding , upright , and impartiall judges . notes, typically marginal, from the original text notes for div a e- novemb. . . the tryal and condemnation of capt. thomas vaughan for high treason in adhering to the french-king and for endeavouring the destruction of his majesties ships in the nore who upon full evidence was found guilty at the sessions-house in the old-baily, on the th of novemb. : with all the learned arguments of the king's and prisoners council, both of vaughan, thomas, ?- , defendant. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the tryal and condemnation of capt. thomas vaughan for high treason in adhering to the french-king and for endeavouring the destruction of his majesties ships in the nore who upon full evidence was found guilty at the sessions-house in the old-baily, on the th of novemb. : with all the learned arguments of the king's and prisoners council, both of vaughan, thomas, ?- , defendant. murphy, john, d. . p. printed for john everingham ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- high court of admiralty. great britain -- history -- william and mary, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the tryal , and condemnation of capt. thomas uaughan . for high treason , in adhering to the french-king , and for endeavouring the destruction of his majesty's ships in the nore . who upon full evidence was found guilty at the sessions-house in the old-baily , on the th . of novemb. . with all the learned arguments of the king 's and prisoners council , both of the civil and common law , upon the new act of parliament for regulating tryals in cases of high treason . perused by sir charles hedges , judge of the high court of admiralty ; the lord chief justice holt , the lord chief justice treby , and the council present at the tryal . to which is added , captain vaughan's commission . at large , which he had from the french-king . as also an account of the tryal of john murphey for high treason . london , printed for john everingham at the star near the west-end of st. paul's . . die sabbati , tricesimo primo octobris , annoque regni regis willielmi octavo , annoque domini . . the court being sate , at which were present , sir charles hedges , judge of the high court of admiralty , the lord chief justice holt , the lord chief justice treby , the lord chief baron ward , mr. justice turton , and others of his majesties commissioners . the court proceeded on this manner . cl. of arr. make proclamation . cryer . o yes , o yes , o yes . all manner of persons that have any thing more to do , &c. and were adjourn'd to this hour , draw near , and give your attendance . god save the king. then the grand jury were call'd over , and the appearances mark'd . and witnesses being sworn in court to give evidence to them , against thomas vaughan , they withdrew to hear the fame . then the keeper of newgate was ordered to bring his prisoner thomas vaughan to the bar. which he did . cl. of arr. tho. vaughan , hold up thy hand . ( which he did . ) thou standest indicted , &c. how sayest thou , tho. vaughan , art thou guilty of the high treason whereof thou standest indicted , or not guilty ? t. vaughan . not guilty . cl. of arr. culprit , how wilt thou be try'd ? t. vaughan . by god , and this country . cl. of arr. god send thee a good deliverance . and then the court proceeded to the tryal of the pyrates , and gave notice to mr. vaughan to prepare for his tryal on friday next , the th of november , . die veneris , sexto novembris , annoque regni regis willielmi octavo , annoque domini , . cl. of arr. cryer , make proclamation . cryer . o yes , o yes , o yes . all manner of persons that have any thing more to do at this sessions of oyer and terminer , adjourn'd over to this day , draw near and give your attendance . and you sheriffs of the city of london , return the precepts to you directed , upon pain and peril which will fall thereupon . then the under sheriff return'd the precepts . cl. of arr. make proclamation . cryer . o yes . you good men of the city of london , summon'd to appear here this day , to try between our sovereign lord the king , and the prisoner at the bar , answer to your names , as you shall be called , every one at the first call , and save your issues . the whole pannel was call'd over , and the appearances of those that answered , recorded , and the defaulters were again call'd over . mr. phipps . will your lordship please to order , that two men may be brought from the marshalsea , in behalf of the prisoner ? l. c. j. holt. you shall have an order . then the court went on the tryal of the six pyrates , and after the tryal was over , tho. vaughan was call'd to the barr. t. vaughan . my lord , my irons are very uneasie to me , i desire they may be taken off . l. c. j. holt. ay , ay , take them off . mr. phipps . if your lordship please , we have some doubts as to the indictment . l. c. j. holt. if you have any exceptions , you ought to have made them before the prisoner pleaded to it . mr. phipps . i thought you had allow'd it , my lord , in former cases . l. c. j. holt. no , we did not allow it as of right due to the prisoner ; the exceptions should have been made before the plea. you were indulg'd in being heard at first in the cases of rookwood , cranburne , and lowick , but it was not the intent of the act , to alter the method of the proceeding ; and so upon consideration hath it been determin'd . the prisoner hath time given by the act to make any exception to the indictment before he pleaded , but you may move what you will afterwards in arrest of judgment , if it be material . cl. of arr. thomas vaughan , those men that you shall hear called , and personally appear , are to pass between our sovereign lord the king and you , upon tryal of your life and death ; if therefore you will challenge them , or any of them , your time is to speak unto them as they come to the book to be sworn , before they be sworn . mr. phipps . there was one man here that desir'd to be excus'd , because he was on the grand jury ; therefore it seems there are some return'd upon this jury that were on the grand jury , which i think ought not to be . l. c. j holt. challenge them then . mr. phipps . we do not know the men. then the pannel was call'd over , and a great many challenges made , and the twelve men that were sworn , were these . fd. leeds . caleb hook. nath. green. joceline roberts . hen. sherbrook . tho. parker . jo. sherbrook . peter gray . tho. emms. roger poston . peter parker . — woolley . cl. of arr. cryer , make proclamation . cryer . o yes , if any one can inform my lords , the king's justices , the king's serjeant , the king's attorney general , the king's advocate , in his high court of admiralty , before this inquest be taken of the high treason , whereof thomas vaughan , the prisoner at the barr , stands indicted , let them come forth , and they shall be heard , for now the prisoner at the bar stands upon his deliverance ; and all others that are bound by recognizance to give evidence against the prisoner at the bar , let them come forth and give their evidence , or else they forfeit their recognizance . cl. of arr. tho. vaughan , hold up thy hand . ( which he did . ) you that are sworn , look upon the prisoner , and hearken to his cause . he stands indicted by the name of thomas vaughan . whereas , that before and until the th . day of july in the th . year of the reign of our sovereign lord king william the third , there was open war between our said lord the king , and lewis the french king. and that the said war continued on the said th day of july , in the th . year aforesaid , and doth still continue . and that for all the time aforesaid , the said lewisthe french king and his subjects , were , and at present are enemies of our said lord the king that now is : and that at the time of the said war , and before the said th day of july in the th year aforesaid , the said lewis the french king , set out , amongst others , a certain small ship of warr called the loyal clencarty , of which thomas vaughan , a subject of our said lord the king that now is , was commander , with several french subjects , enemies of our said lord the king , to the number of persons , in a warlike manner to take and destroy the ships , goods , and moneys of our said lord the king , and his subjects , and against our said lord the king to wage war upon the high-seas , within the jurisdiction of the admiralty of england . and that at the time of the said war between our said lord the king and the aforesaid lewis the french king , tho. vaughan , late of galloway , in the kingdom of ireland , marriner , being a subject of our said now lord the king , as a false rebel against the said king , his supreme lord , and not having the fear of god before his eyes , nor considering the duty of his allegiance , but being moved and seduced by the instigation of the devil , and altogether withdrawing the cordial love , and true and due obedience which every true and faithful subject of our said lord the king , ought , by law , to have towards the said king ; and the said war , as much as in him lay , against our said lord the king , designing and intending to prosecute and assist . the said tho. vaughan on the said th day of july in the said th year of the king , being a souldier aboard the said ship of warr called the loyal clencarty , in the service of the said lewis the french king , and being then on the high-seas , within the jurisdiction of the admiralty of england , about fourteen leagues from deal , did then and there by force and arms , falsly , maliciously , wickedly , and traiterously , aid , help , and assist the enemies of our said lord the king , in the ship of war called the loyal clencarty . and afterwards the said thomas vaughan , in the execution and performance of his said aiding helping and assisting , maliciously falsely and traiterously sailed a cruising to several maratime places within the jurisdiction aforesaid , by force and arms to take the ships , goods , and money of our said lord the king , and his subjects , against the duty of his allegiance , the peace of our said lord the king , and also against a statute in that case made and provided . and the said jurors for our said lord the king , upon their said oaths , farther represent , that the aforesaid thomas vaughan , as a false traytor against our said lord the king , further desinging practising , and with his whole strength , intending the common peace and tranquility of this kingdom of england to disturb . and war and rebellion against the said king upon the high-seas within the jurisdiction of the admiralty of england , to move , stir up , and procure . and the said lord the king , from the title , honour , royal name , and imperial crown of his kingdom of england , and dominions upon the high-seas , to depose and deprive , and miserable slaughter of the subjects of the said lord the king , of this kingdom of england , upon the high-seas , and within the jurisdiction aforesaid , to cause and procure , on the said th day of july , in the said th year of the king , upon the high-seas , about fourteen leagues from deal , and within the dominion of the crown of england , and within the jurisdiction of the admiralty of england aforesaid , falsly , maliciously , devilishly , and treacherously by force and arms , with divers others false rebels and traytors , ( to the jurors unknown ) war against our said now lord the king , prepared , promoted , levyed , and waged . and that the said thomas vaughan in performance of his said war and rebellion , then and there by force and arms , maliciously , wickedly , and openly assembled and joined himself with several other false traytors and rebels ( to the jurors unknown ) to the number of fifteen persons , being armed and provided in a warlike manner , with guns and other arms , as well offensive as defensive . and the said thomas vaughan , then and there being aboard the said ship of war , called the loyal clencarty , assembled with the other false rebels and traytors as aforesaid , maliciously , wickedly and trayterously sailed a cruising to several maritime places , with the aforesaid ship of warr , called the loyal clencarty , with an intent to take . spoil , and carry away the ships , goods , and money , of our said lord the king , and his subjects , by force and arms , upon the high and open seas , within the jurisdiction aforesaid , against the duty of his allegiance , the peace of our said lord the king , his crown and dignities ; and likewise against the form of a statute in this case made and provided . thomas noden , samuel oldham , jurors . upon this indictment he hath been arraign'd , and upon his arraignment he hath pleaded not guilty , and for his tryal he hath put himself upon god and his country , which country you are . your charge is to enquire whether he be guilty of the high treason whereof he stands indicted , or not guilty . if you find him guilty , you are to enquire what goods or chattels , lands or tenements he had at the time of the high treason committed , or at any time since . if you find him not guilty , you are to enquire whether he fled for it . if you find that he fled for it , you are to enquire of his goods and chattels as if you had found him guilty . if you find him not guilty , nor that he did fly for it , you are to say so , and no more , and hear your evidence . mr. whitaker . may it please you , my lord , and you gentlemen of the jury , the prisoner at the barr , thomas vaughan , stands indicted for high treason , that whereas on the th of july , there was a war between his majesty the king of england , and lewis the french king ; amongst other war-like preparations , that the french king did make , he did set forth a ship called the loyal clencarty ; that the prisoner at the bar , as a false traytor , did list himself aboard this ship ; and on the high-seas , about eleven leagues from deal , did trayterously aid the kings enemies , to take the king's ships . this is said to be against the duty of his allegiance , and the peace of our soveraign lord the king , his crown and dignity . he stands further indicted , for that he , the said thomas vaughan , with several other false traytors , did levy war , and arm themselves with arms , offensive and defensive , and was cruising on the high-seas , off of deal , with an intent to take the king's ships , and to kill and destroy the king's subjects , against the duty of his allegiance , and the peace of our soveraign lord the king , his crown and dignity . to this indictment he has pleaded not guilty . we shall call our witnesses , and prove the fact , and doubt not but you will do your duty . dr. littleton . gentlemen , of the jury , you have heard the indictment opened , and also what sort of crime the prisoner at the bar stands charged with , viz. that he being a subject of the crown of england , has , together with his accomplices , armed himself in a military way , to murther and destroy his fellow-subjects , and as much as in him lay , to ruin his native country , by ruining the trade and traffick , which is the great support and riches of the nation . and that his crime might be consummate , he , with his accomplices , has done what in him lay , to dethrone , and dispossess his sacred majesty , as well knowing it was in vain to expect to make the nation unhappy , as long as we enjoy so great and good a prince . so that you are to look on the prisoner as an enemy and traytor to his own country ; and not only so , but as one of the worst and most dangerous enemies : since he being a subject of these islands , was the better able to spy out our weaknesses and defects , and thereby to do us the greater mischief . it is not to be exprest , what ruin and desolation it would have caused to this nation , had this man and his accomplices brought their wicked intentions to effect ; and all this was done to aid and assist the grand enemy of christendom ; and of our own country in particular , the french king. therefore as you are lovers of your king and country , and your fellow-subjects , whom the prisoner and his accomplices would have destroy'd ; i am sure you will take care to do the nation justice , and that he be brought to condign punishment . gentlemen , there is one thing further that i must not omit , viz. that the prisoner at the bar being in custody for these very crimes about a twelve-month since , did not think fit to trust to his innocency , nor to his pretended french extraction , but the day before he was to be try'd , he thought fit to break prison , withdraw from justice , and run his country : which tho' not a confession and full proof , yet is a great evidence of his guilt . mr. sol. gen. may it please your lordship , and you gentlemen of the jury , the prisoner at the bar , thomas vaughan , stands indicted for two sorts of treason . the one is for levying war against the king , the other is for aiding and abetting the king's enemies . and to prove the first , the levying of war , we shall prove that he was a captain of a french ship , call'd the granado of st. maloes , and that with that ship , he took and carried away many of his majesty's subjects , and took several merchant ships , and carried them to france . we shall likewise prove that he was captain of another french ship , call'd the loyal clancarty , with which he was cruising off deal , where we had several ships lying at the same time : and there he being on board the said ship clancarty , was taken prisoner , with a commission , by which he was constituted captain of the loyal clancarty , under the hand of lewis the french king. and to prove him aiding and abetting to the king's enemies , we shall prove against him this particular fact ; that he and his accomplices did in the year . come to london , and went to tower-wharf , to enquire what vessels were ready to go down the river ; and there was one laden with piece-goods , and he put himself , and several other of his accomplices into this vessel , to go down the river ; but they had contrived the matter , and brought it so to pass , that they fell on those men who had the government of the ship , and carried away this vessel to france . now if this be true , the prisoner is certainly guilty of aiding the king's enemies : and to prove he was guilty of this , we will prove to you , that even in france , where he was at perfect liberty , he owned he was the contriver of all this , and that he had a thousand pound for his share of what was taken from our merchants . if we prove these two facts against him , i doubt not but you will find him guilty . we will call our witnesses . ci. of ar. t. eglington , rich. crouch , sam. oldham , john bub , noden . ( who appeared , and were sworn . ) t. vaughan . with submission to your lordships , and the honourable bench , i beg that they may be put asunder , out of hearing of one another . l. c. j. holt. let it be so , though you cannot insist upon it as your right , but only a favour that we may grant . mr. cowper . set up richard crouch . is your name richard crouch ? r. crouch . yes , sir. mr. cowper . give my lord and the jury an account of what you know of the ship coventry taking of the clancarty , and what you know concerning the prisoner at the bar in the taking of her . r. crouch . we weigh'd our anchor about four a clock . mr. cowper . where were you ? r. crouch . at the nore . mr. cowper . in what ship ? r. crouch . the coventry . after we had been under sail a matter of an hour , we came to an anchor with a little wind ; so , sir , this thomas vaughan met with a couple of pinks , they were small vessels that he design'd to take ; but he saw us and so lay by all night . mr. cowper . who lay by ? r. crouch . thomas vaughan , the prisoner at the bar. mr. cowper . in what vessel was he ? r. crouch . in a two-and-twenty-oar-barge , he lay by at the gunfleet ; the next morning we weigh'd anchor , at day-light ; we saw him , and chac'd after him ; and we made them , and he made us , and we made what haste we could , and coming up we fir'd a gun at him , and then we fir'd another , and then he went ashore . mr. cowper . what , do you mean that he run his vessel on the sands ? r. crouch . yes , and then we fired another gun at him , and then he got off again ; and then we fired another gun , and could not bring him to , and then he got off the sands again ; and when we came up to him , we mann'd our long-boat , and pinnace and barge , and had him at last . when he came on board , he said i cannot deny but i am an irish-man , and that my design was to burn the ships at the nore . mr. cowper . did he himself confess it ? r. crouch . yes he did , that is the man , i know him well enough . l. c. j. holt. you took him , in what ship was you ? r. crouch . in the coventry . l. c. j. holt. out of what ship was he taken ? r. crouch . the two-and-twenty-oar-barge . l. c. j. holt. what ship did it belong to ? r. crouch . i reckon it was my lord barclay's barge . l. c. j. holt. who did it belong to then ? r. crouch . to the king of france . l. c. j. holt. what company was there in her , how many men had she aboard ? r. crouch . about five and twenty hands . mr. cowper . did you ever hear him say any thing of a commission he had ? r. crouch . i heard he had a french commission , but i did not see it . mr. cowper . did you hear him say any thing of it ? r. crouch . no. mr. cowper . but he told you his design was to burn the ships at the nore ? r. crouch . yes . mr. cowper . what ships ? r. crouch . the english ships ; there were several ships there then . l. c. j. holt. were there no frenchmen aboard the barge ? r. crouch . no , that i can tell . mr. lechmere . from whence did he come , from england , or france ? r. crouch . from calice in france . l. c. j. holt. prithee hear me , this two-and-twenty-oar-barge , did it belong to any other ship ? r. crouch . no , not that i can tell . l. c. j. holt. did he call that vessel the loyal clancarty ? r. crouch . yes , my lord. then edmund courtney was call'd . mr. sol. gen. mr. courtney , pray tell my lord and the jury what you know of the going away of a custom-house boat ? ed. courtney . i will tell you , if you please . mr. phipps . my lord , i think they ought not to examine to that , because it is not laid in the indictment . the carrying away of the custom-house barge is not mentioned in the indictment , and by the new act for regulating tryals in cases of treason , no evidence is to be admitted or given of any overt-act , that is not expresly laid in the indictment . l. c. j. holt. nothing else ? suppose a man be indicted for levying war against the king , or adhering to the king's enemies , can't they prove any act that makes out a levying of war , or an adherence to the king's enemy ? mr. phipps . with submission , not by that act , my lord , unless it be laid in the indictment . l. c. j. holt. levying of war is the treason ; may they not prove that levying of war , without being confin'd to any special or particular act ? mr. phipps . with submission , by the of edw. the d. levying of war , as well as imagining the death of the king , must have the overt acts , that are to prove it , exprest in the indictment . l. c. j. holt. levying of vvar is an overt-act . mr. sol. gen. the business of overt-acts is , where the compassing and imagining the king's death is the crime and question , and this must be discover'd by overt-acts . but if the treason be falsifying of the king's money , this is treason , but there can be no overt-act of that , for that is an overt-act it self ; but there must be an overt-act to prove the compassing and imagining the death of the king , and in no other sort of treason . l. c. j. holt. levying of war that is an overt-act , so is adhering to the king's enemies . now compassing and imagining the death of the king is not an overt-act in it self , but is a secret imagination in the mind , and a purpose in the heart ; but there must be external acts to discover that imagination and purpose . mr. phipps . what is the meaning of the new act then , that there shall be no evidence of any overt-act , but what is laid in the indictment ? l. c. j. holt. what overt-acts are there in clipping and coyning ? mr. phipps . that is not within the new act of parliament . l. c. j. holt. that is most true , the one is excepted , the other is not comprehended ; but the question is upon the statute of . edw. d. to which the late act doth referr . now proving the adherence to the king's enemy , is proving an overt-act . suppose it be the killing of the chancellor , or treasurer , or judge in the execution of his office , what overt-acts will you have then ? adhering to the king's enemies , is a treason that consists in doing an overt-act . mr. phipps . yes , my lord , i take it that it is for the new act , by saying that no evidence shall be admitted of any overt-act , that is not expresly laid in the indictment , must be intended of such treasons , of which by law overt-acts ought to be laid . now the killing the chancellor , or treasurer , or judge in the execution of his office , are not such treasons of which it was necessary to lay any overt-acts in the indictment , and so not within the meaning of this new law. but levying war , and adhering to the king's enemies , which are the treasons in this indictment must by the express purview of the th of edw. . be proved by overt-acts , which are to be alledged in the indictment . mr. sol. gen. the new act does not alter the law in this particular , what was law before , is law now , it leaves the overt-acts as they were before ; and it says not that an overt-act need to be exprest , where it was not needful before . now if a man be indicted for compassing the death of a private person , there ought to be some overt-act to prove his design ; but if there be an indictment for murther , there needs no other overt-act to prove it , but the murther it self . l. c. j. holt. but the force of the objection lies in this , viz. to say a man levyed war , or adhered to the king's enemies , is no good indictment ; but it is necessary to alledge in what manner he levyed vvar , or adhered to the king's enemies ; as that he appear'd in such a war-like manner , or did adhere to and assist the king's enemies , by joyning forces with them , or otherwise assisting them , or confederating with them , that must be specified . but if you indict a man generally for adhering to the king's enemies , and not say how and in what manner he did adhere to them , that is not a good indictment ; therefore if you particularize what enemies , and how and in what manner he adher'd to them , no evidence can be given of any other kind of adherence , but that which is so specified in the indictment . mr. sol. gen. then we must put all our evidence into the indictment . mr. phipps . so you must , as to the overt-acts . mr. sol. gen. that will be the same thing as to put in all our evidence , if we must give evidence of no overt-act but what is exprest in the indictment . but i do not take it , that the act requires all overt-acts to be put in the indictment . mr. phipps . the act says so . suppose you had left out the overt-act , would the indictment have been good ? mr. sol. gen. we did not intend to put in all the over-acts , but only what related to that part of the treason . mr. phipps . the treason must be proved by overt-acts , and the overt-acts that prove the treason , must be mention'd in the indictment . mr. sol. gen. what the overt-acts of the treasons before-mentioned , as counterfeiting the king's money , and the like , are all to be mentioned ? l. c. j. holt. consider , if you can make that a good indictment , to say , that the prisoner adhered to the king's enemies , without mentioning any overt-acts to manifest such an adherence , then your answer to mr. phipps is full ; but if it be not a good indictment , without alledging particular acts of adherence , then it necessarily follows , that if particulars are alledged , and you do not prove them as is alledged , you have failed in the indictment , and so his objection will lie hard upon you . mr. sol. gen. my lord , we framed our indictment according to the letter of the statute . l. c. j. holt. in compassing the death of the king , you must shew how that is manifested by the overt-acts . mr. sol. gen. but compassing and imagining must be discovered by some overt-acts . l. c. j. treby . this is a doubt i have often thought of , i thought it most natural that the word overt-act should relate to the first article , viz. compassing and imagining of the king's death : for overt-act seems to be opposed to something of a contrary nature : act is opposed properly to thought , overt is properly opposed to secret . and that sort of treason consisting in secret thought and internal purpose , cannot be known , tryed , and judged of , without being disclosed and manifested by some external open act . vvherefore it is pertinent and reasonable , in order to attaint a man of such treason , that the indictment should charge and set forth the act , as well as the thought . and so it hath been used to be done . but , such order or manner doth not seem so natural or necessary , in framing indictments for other treasons , where the treason consists in visible or discernible facts ; as levying war , &c. nevertheless i think an overt-act ought to be alledged in an indictment of treason for adhering to the king's enemies , giving them . aid and comfort . and the overt-act , or acts , in this case , ought to be the particular actions , means , or manner by which the aid and comfort was given . my lord cook declares his opinion to this purpose . his words which i read out of his book here ) are these . the composition and connection of the words are to be observ'd , viz. [ thereof be attainted by overt deed ] this , says he , relates to the several and distinct treasons , before express'd , and especially to the compassing and imagination of the death of the king , &c. for that it is secret in the heart , &c. now the articles of treason , before exprest in the statute of . e. . are four . . compassing , &c. . violating the queen , &c. . levying war , and . this of adhering , &c. ( and yet it is hardly possible to set forth any overt act concerning the d. otherwise than in the words of the statute : that article expressing so particular a fact. ) i do observe also , that these words [ being thereof attainted by overt fact ] do , in this statute , immediately follow this article of adhering , &c. and it would be a great violence to construe them to refer to the first article only , and not to this last , to which they are thus connected . if they are to be restrained to a single article , it were more agreeable to the strict rules of construing , to refer them to this of adhering only . l. c. j. holt. that which i insist on is this , whether the indictment would be good , without expressing the special overt-act . if it be , then this is a surplusage , and we are not confin'd to it ; but if it be not a good indictment without expressing it , then we are confin'd to it . mr. phipps . i believe mr. sollicitor never saw an indictment , of this kind , without an overt-act laid in it . l. c. j. holt. can you prove the facts laid in the indictment ? for certainly the indictment without mentioning particular acts of adherance , would not be good . mr. cowper . yes , my lord ; and as to the evidence before you , we would only offer this ; whether in this case , if the indictment were laid generally , for adhering to the king's enemies in one place , and in another place levying of war , and nothing more particular , it would be good ; i doubt it would not . but when there is laid a particular act of adhering , we may give in evidence matter to strengthen the direct proof of that particular act of adhering to the king's enemies , tho' that matter be not specially laid in the indictment : for the act goes only to this , that the prisoner shall not be convicted , unless you prove against him the over-acts specially laid in the indictment ; but whether it shall not be heard , to make the other overt-act which is laid , the more probable . now we have laid a special overt-act in the indictment ; and we have produced evidence of it , and we would produce likewise collateral evidence , to induce a firmer belief of that special overt-act , by shewing you that he hath made it his practice , during the war , to aid and assist the king's enemies ; but if the jury do not find him guilty of the special overt-acts laid in the indictment , they cannot find him guilty by the proof of any other overt-act not laid in the indictment . but if we prove he has made this his practice , in other instances , during the war , whether that proof shall not be received ? mr. phipps . my lord , i desire the act may be read . it expresly contradicts what mr. cowper says , for it says , that no evidence shall be given of any overt-act , that is not expresly laid in the indictment . ( the act was read. ) l. c. j. holt. that is , you may give evidence of an overt-act , that is not in the indictment , if it conduce to prove one that is in it . as consulting to kill the king , or raise a rebellion , is laid in the indictment , you may give in evidence an acting in pursuance of a consult , that is an evidence that they agreed to do it , tho' that doing of the thing is , of it self , another overt-act , but it tends to prove the act laid in the indictment . mr. phipps . the overt-act laid in this indictment , is his cruising in the clancarty ; and this overt-act you would prove , is no evidence of that , nor relates to it , but it is a distinct overt-act of it self . l. c. j. holt. you cannot give evidence of a distinct act , that has no relation to the overt-act mention'd in the indictment , tho' it should conduce to prove the same species of treason . mr. cowper . we would apply this proof to the overt-act laid in the indictment . l. c. j. holt. any thing that has a direct tendency to it , you may prove . mr. cowper . we have laid the overt-act , that he did voluntarily put himself on board this vessel of the french king , the loyal clancarty , and did go to sea in her , and cruise , with a design to take the ships of the king of england , and his subjects . now part of the overt-act , is his intention in the act of cruising , we do not charge him with taking one ship , so that his intention is a member of the overt-act , and it must be proved , to make his cruising criminal , that he design'd to take the ships of the king of england . now we think it a proper proof of his intention , to shew , that during this war , before and after the time of the treason laid in the indictment , he was a cruiser upon , and taker of the king's ships , and this fortifies the direct proof given of his intention . l. c. j. holt. i cannot agree to that , because you go not about to prove what he did in the vessel call'd the loyal clancarty ; but that he had an intention to commit depredation on the king's subjects : so he might , but in another ship. now , because a man has a design to commit depredation on the king's subjects in one ship , does that prove he had an intention to do it in another ? mr. phipps . he was cruising in the clancarty , that is the overt-act laid in the indictment ; and the overt-act you would produce , is his being in another vessel . l. c. j. holt. go on , and shew what he did in the clancarty . you the prisoner , will you ask this man any questions ? mr. phipps . crouch , you said , that the prisoner did say he could not deny but he was an irish man ; how came you to talk about it ? r. crouch . he said , i cannot deny but i am an irish man. l. c. j. holt. did he say he was an irish man ? what were the words he used ? r. crouch . he told the lieutenant he was an irish man. mr. phipps . what discourse was there ? how came he to say that ? r. crouch . i went by only , and heard the words spoken to the lieutenant . l. c. j. holt. did he speak english ? r. crouch . yes , my lord. l. c. j. holt. if he spoke english , that is some evidence he is an english man , tho' the contrary may be proved by him . t. vaughan . that would no more prove me an english-man , than if an english man were in france , and could speak french , would prove him a french-man , because he could speak french. l. c. j. holt. you shall he heard by and by to say what you will on your own behalf . mr. phipps . were there any french men on board the clancarty ? r. crouch . no , sir. mr. phipps . mr. vaughan , will you ask him any questions your self ? mr. cowper . call t. noden . t. vaughan . how did you know that there were no french-men aboard ? did i address my self to you , when i came aboard ? r. crouch . no , sir. t. vaugan . did i not address my self to the captain when i came aboard ? how came i to tell you i was an irish-man ? r. crouch . they were all scotch-men , english-men , and irish men . mr. phipps . mr. vaughan , you need not take up the time of the court about that matter . mr. cowper , you may go on . mr. sol. gen. did the prisoner own that he acted by the fr king's commission ? did you know any thing of his having a french commission ? r. crouch . yes , i heard he had one , but i did not see it , but i heard so by the company . l. c. j. holt. were there any french-men a-board ? r. crouch . no , not that i know of . they were dutch-men , and english-men , and scotch-men , and irish men. mr. cowper . call t. noden ( who appear'd and was sworn . ) do you give my lord and the jury an account of taking the vessel , call'd the two-and-twenty-oar-barge . t. noden . last year , about june or july , to the best of my remembrance , i belong'd to his majesty's ship the coventry , and we took the two-and-twenty-oar-barge . l. c. j. holt. how many dutch men were aboard ? t. noden . i do not know of above one . l. c. j. treby . what were the rest ? were there any french-men ? t. noden . yes , there were several french-men aboard . i belong'd to the coventry . and as we were sailing by the nore , and the gunfleet , our captain spy'd a small vessel sailing by the sands , and he suppos'd her to be a french privateer , and he fir'd a gun to make them bring to , and they did not obey ; and at last fir'd a gun , shot and all , and they would not come to . then the captain order'd to man the boat , and row after them : so the barge , and pinnace , and long-boat were mann'd ; and they came pretty near them . this barge we took , was aground also , and they got her afloat , and she run aground again : and as they were aground , most of them out of the boat , our long-boat struck aground ; and waded after them near half a league , and when we came to the barge , there was this captain vaughan , and two or three and twenty more . and there was two dutch-men , and , as i apprehended , some french-men ; there was in her a blunderbuss , and small arms , and a considerable quantity of hand-granadoes . l. c. j. holt. what vessel was you aboard ? t. noden . the coventry . mr. sol. gen. what country-man did captain vaughan say he was ? t. noden . i did not hear any thing of it . our captain examin'd the dutch-man what country-man the commander was , and he said he was an irish-man ; but i did not hear it my self . when captain vaughan was brought aboard the coventry , i was put aboard the prize we had taken . mr. cowper . had you any discourse with captain vaughan . t. noden . no. l. c. j. holt. did they endeavour to take your ship ? t. noden . no , but endeavour'd to get away from us . l. c. j. holt. what guns or ammunition had they ? t. noden . i cannot tell particularly , there was some canvass baggs , every man had a carteridge-bag , and there were some hand-granadoes . mr. whitaker . what fire-arms had they ? t. noden . i cannot say how many , but they had muskets and pistols , and two blunderbusses . mr. cowp . did you understand whence this ship the l. clancarty came ? t. noden . the dutch-man said they came from calis . as near as i can guess , we spy'd them about eleven a clock , and we weigh'd anchor in the afternoon , on sabbath-day , and they took us to be a light collier , and endeavour'd to board us , as the dutch-man said ; but when they knew what we were , they endeavour'd to escape from us . mr. cowp . call sam. oldham . ( who appear'd , and was sworn . ) mr. oldham , was you aboard the coventry , when she took the ship call'd the clancarty ? sam. oldham . yes , i was . mr. cowper . pray give an account what you observed of the prisoner t. vaughan then ? sam. oldham . we weigh'd our anchor first at the boy and nore , so we saw a prize in the morning , the captain said it was a prize , and we made sail after him , and they ran on the goodwin sands ; and the captain seeing the barge run aground , we fir'd at her to bring her to ; we fir'd a second , and she would not come to , but ran aground again . when she was aground , by the captain 's order , we mann'd our boats , and out we went after her . mr. cowper . did you take her ? sam. oldham . we went and our long-boat ran aground ; i was in the long-boat , and we waded , i believe , a mile and half after her . l. c. j. holt. what french-men were aboard ? sam. oldham . i cannot justly say whether there were any . l. c. j. holt. were there any ? sam. oldham . i think one or two . mr. cowper . were there any dunkirkers or walloons aboard ? sam. oldham . there was a dutchman , who they call'd a fleming , and i discours'd him . l. c. j. holt. how many outlandish men were there aboard ? was there a dozen , or how many ? sam. oldham . i cannot say the quantity . mr. cowper . was there more than two or three . sam. oldham . yes , more than two or three . l. c. j. holt. what forraigners ? sam. oldham . yes . and there were two english-men . mr. cowper . what did you observe of the prisoner at the bar , at the taking of the ship ? sam. oldham . i did not come aboard along with the prisoner , but with his man , and his man said he was an irish-man , and that he was commander of the boat. mr. soll. gen. what was their design in that ship clancarty ? sam. oldham . i cannot tell that . mr. cowper . did they resist , in their being taken ? sam. oldham . i cannot tell that , i saw no arms. mr. cowper . you were in the action , was there any resistance made ? sam. oldham . i saw no resistance , they offered to run , they were aground once , and got off again . mr. phipps . you say there were forraigners , what countrey-men did you believe those forraigners to be ? sam. oldham . i cannot justly say , i believe dutch-men . l. c. j. holt. how many dutch-men were there ? sam. oldham . i cannot say . dr. oldish . but you said there were some two or three french-men , and that they spoke french ; do you understand french ? sam. oldham . no sir. dr. oldish . then how do you know they were french-men , and spoke french. sam. oldham . they said they were , they did not speak english , several of the ships company said they were french. l. c. j. holt. if they were all dutch-men , and appear in a hostile manner against the king of englands subjects , they are enemies , tho we are in league with holland , and the rest of the seven princes . mr. phipps . the indictment runs , that the french king , quantum naviculam vocat , the loyal clancarty ; cum quam plurimis subditis . gallicis inimicis dei dom● nunc ad numerum quid 〈◊〉 personarum replet preparavit . l. c. j. holt. suppose it doth . mr. phipps . it is subditis gallicis , my lord. l. c. j. holt. they will be subjects in that matter , if they act under his commission : they are enemies to the king of england , and they have made themselves the french king's subjects by that act. mr. phipps . it appears not that they are french-men , my lord. l. c. j. holt. if dutch-men turn rebels to the states , and take pay of the french king , they are under the french king's command , and so are his subjects . will you make them pyrates when they act under the commission of a soveraign prince ? they are then subditi to him , and so inimice to us . mr. phipps . it does not take away their allegiance to their lawful prince . they may go to the french king , and serve him , yet that does not transfer their allegiance from their lawful prince to the french king , and make them his subjects . but however , to make them subjects within this indictment , they must be gallici subditi ; so they must be frenchmen as well as subjects . l. c. j. holt. acting by vertue of a commission from the french king , will excuse them from being pyrates , tho not from being traitors to their own state , but to all other princes and states against whom they do any acts of hostility , they are enemies ; and their serving under the french kings commission , makes them his subjects as to all other , but their own prince or state. and tho they be not frenchmen , yet they are gallici subditi ; for it 's the french subjection that makes them to be gallici subditi . mr. phipps . pray my lord , suppose a subject of spain should go over to the french and fight against england ; i take it , he may be termed an enemy of the king of england , tho his prince be in league with ours , but with submission , he cannot properly be said to be a subject of the french king ; for suppose an indictment of treason against a foreigner , should say , that he being a subject , did commit treason ; and it be proved he is not a subject , with submission , he must be acquitted . mr. cowper . there is a local allegiance while he is in the country , or fleets , or armies of the french king. l. c. j. holt. dutchmen may be enemies , notwithstanding their state is in amity with us , if they act as enemies . mr. cowper . call r. bub. ( he was sworn . ) was you aboard the coventry , when she took the clancarty ? r. bub. yes sir. mr. cowper . give an account what you know of the prisoner , tho. vaughan , at the taking of that ship. r. bub. we came aboard the coventry , and were at the nore at anchor , our pennant was taken down to be mended . so in the night captain vaughan , with his two and twenty oar barge , rounded us two or three times . in the morning we weigh'd anchor , and fell down in order to go to the downs ; and we came up with them , and fir'd at captain vaughan , and he would not bring to . with that our captain order'd to have the barge , and pinnace , and long-boat , to be mann'd , to go after him . they follow'd him , and at last came up with him , and came up pretty near ; but could not come so near with the long-boat , but were fain to wade up to the middle a mile and a half . we hoisted our colours ; in order to fight them , and bore down still upon them ; and they would not fight our men. and we took them out , and when they came aboard , the englishman that was a pilot was to have his freedom , to pilote them up the river . he confest to the captain , that captain vaughan intended to burn the ships in the harbour . and the next day after the pilot had confessed it , captain vaughan himself confest it on the deck , that he came over with that design . mr. cowper . who did he confess it to ? r. bub. to the boat-swain and gunner , as he was on the deck , on the lar-board side , that he came on purpose to burn the shipping in the harbour . l. c. j. holt. did he confess that himself ? r. bub. yes , my lord. l. c. j. holt. whereabout was this , at the buoy in the nore ? r. bub. in the downs , my lord. l. c. j. holt. where did the ships lye , that were to be burn'd ? r. bub. at sheerness . mr. soll. gen. he own'd himself to be an irishman , did he not ? r. bub. yes . mr. cowper . and that he came from callis ? r. bub. yes . mr. cowper . had you any discourse with him about a commission ? r. bub. no. but our lieutenant and captain had , but it was not in my hearing ; i will not speak further than i heard , and what i can justify . mr. soll. gen. will you ask him any questions ? mr. phipps . no. mr. soll. gen. then call mr. jo. crittenden , marshal of dover castle . ( who was sworn ) mr. crittenden , pray what did you hear the prisoner at the barr confess of his design in coming to england ? mr. crittenden . i did not hear him say any thing of his design . mr. soll. gen. what did he confess ? mr. crittenden . he confest he was an irishman . mr. whitaker . upon what occasion did he confess that ? mr. crittenden . when i enter'd him into my book , i ask'd him what countreyman he was . mr. cowper . what are you ? mr. crittenden . i am the marshal of dover castle . mr. cowper . by what name did he order you to enter him ? mr. crittenden . thomas vaughan an irishman . l. c. j. holt. upon what account did you enter him ? mr. crittenden . as a prisoner . mr. cowper . did he speak any thing of a commission ? mr. crittenden . i did not hear him say any thing of that . mr. phipps . have you your book here ? mr. crittenden . yes sir. dr. oldish . was he not in drink when he said so ? mr. crittenden . i believe he was not very sober indeed . mr. phipps . did you ever after hear him say he was an irishman ? mr. crittenden . the next day he deny'd it . mr. cowper . when he had consider'd the danger of it . mr. crittenden . the next day he was examin'd by some of the justices of the peace . mr. soll. gen. was you by when he was examined by the justices ? mr. crittenden . yes . mr. soll. gen. what did he then say ? mr. crittenden . then he said he was of martenico . mr. soll. gen. set up mr. bullock ( who was sworn . ) mr. bullock , do you know the prisoner at the bar ? mr. bullock . yes . mr. sol. gen. pray what have you heard him say of his design that he came into england for ? mr. bullock . he came to dover about the th of july . as i remember : i went with several others , who were brought by the captain of the coventry , and the lieutenant , and some others : and when we came thither , he there owned himself an irishman ; but when he went the next day to be examined , he said he was of martenico . he told me he had that barge from the duke of bulloign , and came on the coast , and was chased into the flatts , where they took him . l. c. j. holt. did you ever hear him say he had any commission from the french king ? mr. bullock . i know nothing of that ; it was late , and we did not examine him then ; but the next day , when he came to be examined , he said he was of martenico . mr. sol. gen. what did he say his design was ? mr. bullock . he said , that seeing the boat at bulloign , he bought it of the duke of bulloign ; and the duke ask'd him what he would do with her ? and he said , he would fit her up , and go and take a ship at sea , that is upon our coasts . mr. phipps . we are in your lordship's judgment , whether we need give any evidence ; for we think they have not proved their indictment : for the indictment sets forth , that the french king fitted out the loyal clancarty , of which thomas vaughan was commander ; and that very many frenchmen , subjects of the french king , were put on aboard . now the first witness swears , there were no frenchmen ; and another swears there was one or two ; another , that they were forreigners , but does not believe they were frenchmen : so there is no proof of that part of the indictment ; nor is there any proof that he was captain of the loyal clancarty : so that none can say , it is the same vessel mentioned in the indictment : nor is any act of hostility proved ; for all the witnesses say , that vaughan never pretended to attack them , but run from them . so that all they depend on , to support the indictment , is to prove that he had a design to burn the ships at sheerness : which will not serve their turn ; for the words of the indictment are , ad predandum super altum mare . now sheerness is not super altum mare , but infra corpre comitatus , and then not within the indictment . mr. cowper . the words , ships at sheerness , do not imply , that the ships lay within the town of sheerness , but off of sheerness , which is altum mare . mr. phipps . then it is not in your indictment ; for that says at sheerness . mr. cowper . no , off of sheerness . mr. soll. gen. it is no contradiction , to say the sea is within part of a county . mr. phipps . the indictment says , at sheerness . mr. soll. gen. off of sheerness , is the high sea. mr. phipps . sheerness is not the buoy in the nore . then you must prove he was captain at this time : for the indictment says , ad tunc fuit capitaneus & miles . l. c. j. holt. one overt act of adhering to the kings enemies , is , that he put himself as a souldier on board the ship. mr. phipps . you will make one part agree with another , that the french king did set out a ship , and gave him a commission to be captain of her . l. c. j. holt. the witnesses have proved he acted as a captain . mr. phipps . he was taken , and sure if he was taken , he must have his commission with him . mr. soll. gen. examine the marshal , he took an account of him ; and by direction of mr. vaughan himself , he entered him as captain ; and he enter'd several men in the ship as frenchmen , by their own direction . ( mr. crittenden was call'd ) mr. crittenden , have you got your book in which you made the entry ? mr. crittenden . yes , i have it . mr. soll. gen. by whose order did you enter them ? mr. crittenden . by the direction of captain vaughan , the prisoner at the bar. mr. cowper . how did you know he was a captain ? mr. crittenden . because he told me he was captain , and i enter'd him as such in my book . mr. soll. gen. captain of what ? mr. crittenden . the loyal clancarty ? mr. soll. gen. pray read your entry in your book . mr. crittenden . thomas vaughan , captain , irishman , the th of july . and so of all the rest of the ship 's crew . mr. justice turton . did you write these in the presence of capt. vaughan ? mr. crittenden . yes , in the same room where he was . mr. phipps . did you write it by his direction ? mr. crittenden . for his own part , by his direction ; and for the rest , by their direction . l. c. j. holt. take all the circumstances together , it is great evidence , considering what they were about , and what vessel they had . mr. crittenden , can you tell how many frenchmen were there . mr. crittenden . i will tell you presently ( he counts them in his book ) there were thirteen . mr. soll. gen. did captain vaughan hear any of them bid you enter them as frenchmen ? mr. crittenden . i cannot be positive in that , i suppose he did , he was in the same room . l. c. j. holt. do you expect witnesses from france , to testify where they were born and christen'd ? mr. phipps one witness says there was not one frenchman there . l. c. j. holt. not to his knowledge . mr. soll. gen. what do you know of his having a french commission ? mr. bullock . i did not see it . mr. whitaker . did he own his having any french commission ? mr. bullock . i cannot tell . mr. justice turton . he own'd himself a captain . mr. phipps . he might be a captain in another ship , but not in this ship ; they ought to prove he was captain at that time , in that ship , by the french kings commission . l. c. j. holt. all the witnesses say he acted as a captain at that time . mr. cowper . he own'd himself the captain of the loyal clancarty . mr. bar. powis . what can be plainer , than that he owned himself captain ? dr. oldish . this seems to me a very strange proof , to be built only upon the sayings of these persons , that they were frenchmen , and this to a man who had no authority to examine them , when it might have been easily proved in a regular way , in case they had been so ; they might have been examined before a magistrate , and thereby it would have appeared whether they were french or no. and 't was absolutely necessary in this case , because of the contrariety of the witnesses ; for the first witness said , there was no frenchman aboard ; the next said there were two frenchmen and a dutchman ; and crutenden said , there were . now how can these be reconciled , unless there had been a legal examination of the parties ? but the thing we would chiefly go on is this , i think they have sail'd in the foundation of the treason ; that is , to prove the prisoner a subject of this crown ; neither is there the least colour of proof thereof . at night he came to mr. crittenden , and is in drink , there he says he is an irishman ; the next morning , when he is examin'd before the justices , then he comes in a kind of judgment , and then such a confession would be of moment ; but then he confesses himself to be a frenchman of martenico . now , my lord , what credit is to be given to these confessions ; when before the marshal he shall say , i am an irishman ; and the next day , when he is on examination , he declares himself a frenchman ; in one confession he is in drink , in the other sober ? now , my lord , i say , what proof is here ? here then the foundation of the treason fails : for the indictment is , that he being a subject of the king of england , levies war. now my lord , it this quality be not proved , all the rest of the indictment falls to the ground : for it is impossible for him to commit treason , where he is not a subject , because there can be no violation of allegiance . so that if he be a frenchman , as he declared before the justices , he cannot be guilty of treason . so that here they have fail'd in the foundation of all ; that is , to prove him a subject of england . and because they affirm him to be so , it lies on those that affirm it , to prove it . but perhaps now they will say , that these little confessions of his will throw the burthen of proof on him . by no means ; when here is a stronger presumption on the other side ; a meer extrajudicial saying to seamen , that he is an irishman , cannot ballance his confession examined before the justices , wherein he says he is a frenchman ; and so can never throw the burden of proof on him . therefore it lies on them that assert this , to prove it . but , my lord , tho it doth not lie on him , yet we will prove him to be a frenchman , and born at martenico , by those that were at the christening of him , and have known him from time to time ever since . and because they say he can speak english , if you please to examine him , you shall hear him speak natural french ; so that that cannot prove him to be a natural irishman . mr. phipps . such a saying of a foreigner will be of no great weight ; because if a man go into a foreign country , he may say he is that countryman , to get the more favour . l. c. j. holt. what , to hang himself ? mr. phipps . no , my lord , a man that comes into a strange country , may very well think he shall find better usage , by pretending to be of that country , than by owning himself to be a foreigner . but we will prove vaughan to be a frenchman . call robert french. ( then rob. french was sworn ) mr. french , pray give the court and jury an account , whether you know mr. vaughan , the prisoner at the bar , and how long you have known him , and what countryman you take him to be , and the reason why . rob. french. i have known him this years . mr. phipps . where did you see him then ? rob. french. i saw him in saint christophers . mr. phipps . pray give an account how you came to know him . rob. french. about years ago i was at mount-surat , and i came to st. christophers , and there i chanc'd to come into english ground , among the factors ; and so they brought me to the french ground ; and coming there , i was in company with several others that night , and it happened i was told there was one mr. vaughan there ; and i coming acquainted with him , he shewed me this youth ( he was a youth then ) ; he told me he was his son , and recommended him to me , because he look'd on me to be a man in trust and business . mr. phipps . from that time what has he been reputed ? rob. french. a sea-faring man. mr. phipps . but what countryman ? rob. french. to be born in martenico . mr. phipps . in whose dominion is that ? rob. french. in the french king's dominion . mr. justice turton . what occasion had you to discourse of the place of his birth ? rob. french. because his father was look'd upon to be a frenchman . mr. justice turton . his father was a frenchman . rob. french. yes , my lord , and lived at martenico . mr. cowper . how old might he be at that time ? rob. french. about fifteen or sixteen . mr. cowper . how came you to be talking of his birth , and with whom ? rob. french. one that was talking with me , told me , his name was vaughan , and that he was born there . mr. cowper . what introduc'd this discourse ? how came he to tell you this , that he was born in that place ? rob. french. his father told me so . mr. cowper . you were talking of one vaughan of his name ; how many were in company when there was this talk ? rob. french. there were many of them . mr. cowper . name them . rob. french. it is so long ago , i cannot remember them . mr. cowper . name as many as you can of them , as many as you do remember . rob. french. one mr. bodiken , a factor . mr. cowper . who else ? rob. french. several others . mr. cowper . you named one vaughan before . rob. french. yes , i did . mr. cowper . but you had forgot him now . rob. french. no , there was one vaughan . l. c. j. holt. were there any more ? rob. french. yes , there was . i remember the company that went along with me . l. c. j. holt. who were they ? rob. french. there were several passengers that went over with me . l. c. j. holt. how came you to talk of this man's nativity ? rob. french. because his father said , he had not been out of the island in years ( at which the people laught . ) mr. cowper . what place was this discourse in ? rob. french. at st. christophers . mr. cowper . how did his father's saying , he had not been out of that island in years , prove his son was born there ? rob. french. because he recommended him to me as a sea-faring man. mr. cowper . what is that a reason of ? what is that to his being born at martenico ? mr. justice turton . what countryman are you ? rob. french. i am an irishman born . l. c. j. holt. his father acknowledg'd himself to be an irishman born , did he not ? rob. french. no , my lord , he did not say where he was born : i do not know . mr. justice turton . have you continued any acquaintance with mr. vaughan since ? how long did you stay at st. christophers ? rob. french. i stay'd but four and twenty hours , to take in water . l. c. j. holt. how long was it after this , before you saw this gentleman , captain vaughan ? rob. french. i never saw him since , till i saw him in london . ( then the people laugh'd ) l. c. j. holt. pray gentlemen have patience . how do you know now that this is the same man , that you saw fourteen years ago ? for there must he a great alteration in a man in fourteen years time , from what was at that time , being but fifteen years of age. rob. french. i believe in my conscience this is the man. l. c. j. holt. can you take it upon your oath he is the man ? mr. bar. powis . in what language had you this discourse ? l. c. j. holt. how long were you in company with him and his father ? rob. french. i believe five or six hours . mr. bar. powis . in what language was this discourse with his father ? rob. french. my lord , he spoke english , a sort of broken english. l. c. j. holt. where do you live your self ? rob. french. i live in ireland . l. c. j. holt. how long have you lived there ? rob. french. nine or ten years . l. c. j. holt. vvhereabout in ireland ? rob. french. in connaught . l. c. j. holt. nine or ten years ? rob. french. yes , my lord. dr. littleton . did not captain vaughan , nor his father speak irish to you in that six hours ? rob. french. no , my lord. mr. justice turton . hovv long have you been in england ? rob. french. not above tvvo months . mr. justice turton . did you hear of captain vaughan being to be try'd ? rob. french. no , my lord. mr. justice turton . hovv did he come to hear of you then ? rob. french. i heard he vvas in tovvn . l. c. j. holt. it is a strange thing , you have a most admirable memory , and captain vaughan has as good a memory as you ; that you should never have any intercourse for fourteen years , and yet should remember one an other after so long a time ; it is a vvonderful thing too , that vvhen he could not knovv you vvere in tovvn , and yet should call you a vvitness on his behalf , sure he must have the spirit of prophesie . rob. french. he did not send to me at all . l. c. j. holt. hovv did you come to be here then ? rob. french. i vvill tell you , it vvas my custom alvvays to go and see prisoners , and i heard there vvere prisoners in newgate , so i vvent to newgate , and i met vvith one dwall , and i asked him of another gentleman that vvas there ; and i vvent to the other side by chance , and i met vvith captain vaughan . l. c. j. holt. what was thy design ? why didst thou visit newgate ? rob. french. because it was my custom , because it was an act of charity . l. c. j. holt. did you go to newgate out of charity ? rob. french. i went to see my friend , and carried a letter to him . i went out of charity . mr. phipps . you were in the west-indies , upon the french ground ; don't they speak english on the french ground , and french on the english ground ? rob. french. yes . mr. cowper . so they do here . did you ever see captain vaughan before that time ? rob. french. no. mr. whitaker . did you visit lately any other prisoners in newgate , besides captain vaughan ? rob. french. yes . mr. whitaker . give their names . rob. french. i have visited mr. noland , and another gentleman that is with him , and i went into the house and drank with him there . mr. whitaker . what is that other gentlemans name ? rob. french. i do not remember his name at present , but he is a companion of mr. nolands . mr. whitaker . do you know him if you see him ? rob. french. i , i would . l. c. j. treby . how long have you been in england ? rob. french. but two months . l. c. j. treby . have you usually visited prisoners in former years ? rob. french. my lord , wherever i have been , it was my custom to do so . l. c. j. treby . but how doth it consist , that you , who are an irishman , should come hither to visit prisoners in newgate ? rob. french. i can prove under my lord mayor of dublins hand , that i came here upon business ; and i went to the prison to visit the prisoners for charity sake , and did bestow it according as i was able . l. c. j. holt. you had best stay there , and not go away , for we may have occasion to ask you some questions . mr. cowper . do you not use , out of charity , to be evidence for them ? rob. french. no , never before now in my life . mr. whitaker . what other prisons have you visited , besides newgate ? rob. french. i did visit none . l. c. l. treby . had you no charity for other prisons ? mr. bar. powis . when you so visit prisons , on what account is it ? is it to give ghostly advice ? rob. french. upon a charitable account , my lord. l. c. j. holt. ghostly advice , is charity . mr. phipps . where is mr. lefleur ? ( he did not appear ) call mr. gold , who appeared , ) cl. of arr. that man is attainted , but pardoned . mr. phipps . mr. gold , how long have you known captain vaughan ? mr. gold. i never knew mr. vaughan , before i saw him in the marshalsea . mr. phipps . is monsieur lefleur here ? is mr. deherty here ? ( mr. deherty appeared , and was sworn . ) mr. phipps . do you know mr. vaughan , the prisoner at the bar ? mr. deherty . yes . mr. phipps . how long have you known him ? mr. deherty . five years . mr. phipps . what has he been reputed all along , since you have known him ? mr. deherty . frenchman . mr. phipps . did you know him in france ? mr. deherty . yes , and he was reputed a frenchman there . mr. justice . turton . what occasion had you to enquire into that , the place of his nativity ? mr. deherty . i did not enquire at all , and one that was his servant , was my comrade a great while . mr. phipps . now we will prove where he was christened , by one that was at his christening , mr. dascine . ( he appeared , and stood up , being sworn , and spoke in french to the court , pretending he could not speak english. ) l. c. j. holt. if he cannot speak english , there must be an interpreter . mr. soll. gen. they must find an interpreter , he is their witness . then a person in court stood up , and told the court he could speak english as well as he , that he had been a bailiffs follower for several years . l. c. j. holt. you can speak english , can you not ? mr. dascine . i will speak as well as i can . kings messenger . i am a messenger to the king , do you not know me ? mr. dascine . yes . l. c. j. holt. prithee speak english. mr. dascine . as vvell as i can , my lord , i vvill speak . mr. phipps . are you svvorn ? mr. dascine . yes , my lord. mr. phipps . do you knovv captain vaughan ? mr. dascine . in . i vvas in saint christophers ; i vvent from rhoan , and from thence i went vvith hats and cloth to crebeck , and had a letter to one thomas williams , a factor in martenico . and after i had done , as i vvas coming avvay , mr. williams desired me to go to a christning , a mile and half from port-royal . he told me , there was one mr. vaughan had a plantation there , and desired him to be godfather . and about two days after , i went from port-royal to st. christophers again , and i came to rhoan again in a ship called st. joseph . so in , i went to st. christophers again , and from thence to martenico , to mr. williams ; i asked him , what is become of that young man we were at the christening , and so he shewed me him that is here ( pointing to the prisoner . ) l. c. j. holt. that was in . mr. dascine . in . so i came from port-royal ; i went to st. christophers , and so took sail , and came to france again . and years ago i went to st. christophers again , and to mountserat , and martenico ; and so when i was at martenico , and asked mr. williams of this young man , that i was at his christening , and he said , he is at such an house , and i saw him there . l. c. j. holt. thirteen years ago . mr. dascine . and we went and drank punch together , and i came back for rhoan . l. c. j. holt. vvhen did you see him since that ? mr. dascine . never till i saw him here a prisoner . l. c. j. holt. how do you know he is the man ? mr. dascine . he has a bruise in his side . mr. phipps . what was the gentleman's name , at the christning of whose child you were ? mr. dascine . thomas vaughan . mr. phipps . what was the child's name ? mr. dascine . thomas vaughan . mr. phipps . when you went the next time to martenico , did mr. williams , you speak of , that was the godfather , present this person , capt. vaughan , to you , as the man who was then christened ? mr. dascine . yes , the next time . mr. phipps . now is captain vaughan , that stands at the bar , that very gentleman ? mr. dascine . i am sure it is he . l. c. j. holt. you say this meeting was about . mr. dascine . yes . mr. soll. gen. pray what was the reason you were so inquisitive to know what became of that person that was christened when you was there ? mr. dascine . because i being at the christening , i ask'd him how the child did . l. c. j. holt. how came you to take such extraordinary observation of that child ? was he such a remarkable child ? dr. newton . where were you born ? mr. dascine . in france . mr. whitaker . what are you ? mr. dascine . a barber by trade . l. c. j. holt. what imployment have you ? mr. dascine . an officer in the marshal's court sometimes . mr. justice turton . what was this man's father , what sort of man was he ? mr. dascine . a tall man. mr. bar. powis . what was his father's name ? mr. dascine . thomas vaughan . mr. justice turton . was his father living when you was there the second time ? mr. dascine . the last time i was there i did not see his father , but i saw his father the second time . mr. justice turton . but you saw mr. williams , his godfather ? mr. dascine . yes . mr. phipps . call simon danneaun . tho. vaughan . my lord , he is sick , and not able to come out of his bed . mr. phipps . call francis harvey ( who was sworn . ) mr. phipps . do you know captain vaughan ? fr. harvey . sir , in the year . i was in france , with one captain bontee , who was taken prisoner in august the same year ; and my captain he had the liberty to go upto paris with a guard , for his pleasure , and to learn the speech . and , as it happened , we came to lodge in a street , called , dolphinstreet , at the sign of the crown . and there was some gentlemen , that were there to learn the speech , that were my countrymen ; and there was a young man there , and he was acquainted over the way , where this gentleman , capt. vaughan lodged ; he lodged at his aunts , that sold silks , her name was madam wotton ; i saw this gentleman there ; i am sure it is he ; and with that i came acquainted with him , as well as the rest● mr. phipps . what was he reputed there ? fr. harvey . a captain of a ship. mr. phipps . vvhat did he go for there ? a frenshman , or an englishman , or an irishman ? fr. harvey . he went for a frenchman , as i heard ; one time his aunt , she said , that he was born in the west indies , at martenico , and that he was her sisters son , that lived in martenico . mr. sol. gen. you say he was a captain of a ship ; what ship ? fr. harvey . that i cannot tell . mr. soll. gen. vvhen was that ? fr. harvey . in . mr. phipps . is mr. le-fleur here ! cl. of arr. he is a prisoner in the savoy ; he was taken in the same ship with mr. vaughan . mr. phipps . it is reasonable he should have been here , to give an account of the prisoner . l. c. j. holt. then they should have taken care to have had him here . have you any more vvitnesses ? mr. soll. gen. i think we have given sufficient evidence that he is an irishman : but now we shall shew you , that all your vvitnesses have given a very extravagant evidence to prove that he is a frenchman . all he hoped for was , that the prosecutors for the king could not be able to prove him an irishman ; he believed there were but men could prove him so ; that was david creagh and more ; and so he writes to david creagh , and tells him , that his life was in his power , and he hoped he and the other would not discover it . this david creagh was his neighbour in ireland ; vve will call him to prove that capt. vaughan was born at galloway in ireland . mr. whitaker . and here is his letter under his hand . bring david creagh , ( who was sworn . ) mr. cowper . i desire , before he give his evidence , he may look upon those that have given evidence about the prisoner , one by one . ( then he lookt up on rob. french ) . mr. creagh , do you know him ? dav. creagh . no. ( then he look'd upon the rest . ) mr. cowper . have you had any of these men come to you on a message ? d. creagh . no , sir. mr. soll. gen. do you know tho. vaughan , the prisoner at the bar ? d. creagh . yes , i do . mr. soll. gen. how long have you known him ? d. creagh . about years . mr. soll. gen. vvas that your first acquaintance with him ? d. creagh . yes . mr. soll. gen. vvhat place vvas he born at , as you have heard ? d. creagh . at galloway in ireland . mr. soll. gen. from vvhom did you hear it ? d. creagh . from all persons that i have heard speak of him . mr. soll. gen. did he ever ovvn to you that he vvas born there ? d. creagh . yes oftentimes in my company . mr. sol. gen. did you ever receive a letter from him about your giving evidence in this matter ? d. creagh . yes , sir. mr. soll. gen. do you knovv this letter ? ( vvhich was shovvn him . ) d. creagh . yes , sir. mr. soll. gen. do you knovv his hand ? d. creagh . yes , i partly knovv it . mr. whitaker . did you ever see him write ? d. creagh . this is the letter i received from him . l. c. j. holt. read it . do you think it is his hand ? d. creagh . i cannot swear it ; but i believe it is his hand . mr. phipps . have you seen him write ? d. creagh . i have seen him write several times . l. c. j. holt. do you believe it is his hand ? d. creagh . yes , my lord , but i cannot swear it . then the letter was read . to mr. david creagh , in newgate , these . mr. creagh , i have some assurance that mr. whitaker has no witness to prove me a subject of england , but you , and two more , which i am glad of with all my heart ; i hope i may have none against me that wish me worse than you and capt. etherington . if mr. whitaker has not sworn you yet , i hope you will not appear against me . i declare , if i had more than my life , i would lay it in your hand . i am like to be sent to newgate this day , and it is like you and some more will be sent here , that we may not talk together . the dutch dogs took from me eleven hundred dollars in money , which certainly troubles me more than the thoughts of death , which i value not a straw ; but i hope in or days to be supplied . i fear they will keep me close . i have all the liberty imaginable here to write , and my friends suffered to see me . i can say nothing that is comfortable , but that i am very well in health , and nothing concerned , if my money come in time . friday morning . t. vaughan . mr. phipps . is that letter proved ? that is not to the purpose . nor of any weight considering who proves it . l. c. j. holt. no , that none could prove him a subject , but he and two more ? mr. soll. gen. we will produce only one witness more , call mr. jo. rivet . the court being informed by some gentlemen then on the bench , that there was a gentleman then in court one mr. rivet , who being of galloway ; could probably give some account of the prisoner , he was immediately called , and required to depose what he knows . jo. rivet . my lord. i am sorry i am called , where life is concerned , when i came hither only out of curiosity ; but the service i owe to this government , obliges me to speak vvhat i knovv , novv i am called to it . ( then he vvas svvorn . ) mr. soll. gen. do you know the prisoner at the bar ? vvhat countryman is he ? j rivet . i have knovvn him a great many years , vve vvere children together in the same tovvn , vve lived in galloway in ireland . i knevv his father , and mother , and brothers , and sisters ; and i remember him a child , as long as i can remember any thing , i cannot determine to a certain number of years ; and i remember him not only a school-boy , but also an apprentice to one mr. coleman . and i vvonder very much at vvhat mr. french says , for by the name and place of his birth , he must have svvorn vvhat he knovvs to be othervvise : for the french's are a family in galloway ; his father was an honest gentleman , and went over into ireland in the rebellion in . and he there married a woman , a native of galloway , and had several children , one of which , in the latter end of , k. charles's reign , turn'd papist , and i believe the grief for it hastened his father's death . i own part of the evidence may be true , about his being in the west indies , but his mother , i believe , was never out of ireland in her life . dr. oldish . vvhat was his father's name ? jo. rivet . john. l. c. j. holt. you say , you knew this very gentleman an apprentice to one thomas coleman at galloway . jo. rivet . i did so , my lord. l. c. j. holt. how long is it since you saw him ? j. rivet . i cannot be positive , i think at the reduction of galloway in . i cannot say whether at or after ; but i saw him about that time , and knew him , and have known him from a child ; i knew him a school-boy , and knew his brothers . mr. justice turton . what year did you know him first ? j. rivet . i dare not be positive , i remember him particularly well . l. c. j. holt. are you sure this is the man ? j. rivet . i know him as well as any face i ever saw . i came accidentally into court out of curiosity ; and one that knew me , that was of galloway , gave account to the kings counsel , and so i am called to give evidence . l. c. j. holt. do you know this rob. french ? jo. rivet . i cannot say i know him , for i see him but in the dark ; if i saw him in a better light , it may be i may . ( then rob. french was set up for mr. rivet to see him ) i think i recollect the face , i am not certain . l. c. j. holt. do you know this gentleman ? rob. french. no , my lord. l. c. j. holt. where did you live ? rob. french. in connaught . l. c. j. holt. did you know john vaughan of galloway ? rob. french. i have heard of him , my lord. mr. bar. powis . what trade was the prisoner's father ? jo. rivet . he had the market several years , he lived very well , and kept a publick house in the town . mr. phipps . did you know any other thomas vaughan but this ? rob. french. no , not in galloway . jo. rivet . this may be a confirmation of what i say ; if it be thesame gentleman , his hair is reddish . l. c. j. holt. pull off his perriwig ( which was done . ) t. vaughan . my hair is not red . l. c. j. holt. how are his eye-brows ? t. vaughan . a dark brown , my lord , the same as my wig. mr. bar. powis . let some body look on it more particularly , ( then an officer took a candle , and look'd on his head , but it was shaved so close , the colour could not be discerned ) . mr. phipps . we can give an answer to this , my lord ; we shall prove , that there was one john vaughan at galloway , and he had a son thomas , that dyed ten years ago . as for mr. rivet , he is a meer stranger to us , we know nothing of him ; and by what i can perceive , he comes in as a volunteer , not subpaena'd by either side . and for mr. creagh , we shall shew he is not to be credited in any thing , for we shall prove him guilty of felony , and that he swore , that if his brother would not supply him with money , he would swear treason against him , and shop him in newgate ; and that he should not come out till he came upon a sledge ; and if so , there is no body surely can believe he will stick at perjury , or forgery , or any thing else , which may be for his advantage ; call mr. christopher crey ( vvho vvas svvorn . ) mr. phipps . pray do you knovv david creagh ? c. creagh . yes . mr. phipps . is he any relation to you ? c. creagh . yes , he is my brother . mr. phipps . give the court and the jury an account what you know of your brother . c. creagh . it is an unnatural thing to come on this occasion , and i am sorry i am called on this account . david . creagh . speak what you have to say . mr. phipps . what do you know of your brother , whether you have not found him guilty of stealing any thing ? c. creagh . my lord , i am upon my oath , i have known something of it , he has stollen some gold from me . l. c. j. holt. you pretend to be so very nice , you are to answer to what you know of his reputation in general , and of his way of living . c. creagh . his reputation has been but very slender , i am very sorry for it ; several in the court can give account of it , as well as i. he served a relation of his in new-castle , he served there some time , and came to town , and came to me , and depended upon me , and i subsisted him ; and he took an opportunity one day , when i and my wife were gone abroad , and no body at home but the maid , and went up stairs , where my wives room is , and there being a sash-window , he opens it , and took out of my wives closet several pieces of gold. l. c. j. holt. how did you know that he did it ? c. creagh . i found it out afterwards ; he was my brother , and therefore i did not prosecute him . i did not know he had it , till afterwards , that i found to whom he had disposed of the gold. i enquired who was in the house , and thought the maid had it ; and she said none had been there , but my brother ; and he at last owned the fact , and i had it again . l. c. j. holt. have you any more to say of your brother ? mr. phipps . did he ever threaten to swear against you ? t. vaughan . or me ? c. creagh . he has been confined in newgate eighteen months , and i subsisted him in charity , i allowed him all along ; and he has been sending to me by several messages , that if i subsisted him not with more money , than i did allow him , he would swear me into a plot. l. c. j. holt. did he tell you so ? c. creagh . no , but he has sent me word so . l. c. j. holt. is the man here that he sent you this word by ? c. crey . yes , the man is here . mr. phipps . let him stand up . l. c. j. holt. vvhere do you live ? c. creagh . in watlin-street , i am a merchant ; i declare it is not in favour or affection , but only in conscience , that i declare this . d. creagh . this is only to hinder me from giving my evidence against a merchant that i have taken up . t. vaughan . vvhat character had he in spain ? then david creagh spoke , but was not heard . l. c. j. holt. what do you say of the gold ? c. creagh . he had it , my lord. d. creagh . why did you not prosecute me then , if i had it ? l. c. j. holt. you are not sure he took the gold. c. creagh . i was so sure he had it , because i had it from him again by another hand . l. c. j. holt. did he tell you so , that he had it ? c. creagh . no , but i had a letter about it . l. c. j. holt. where is that letter ? c. creagh . i have it not here . l. c. j. holt. give not an evidence of a letter , without the letter were here , it ought to have been produced . mr. phipps . call christopher heyden ( he was sworn . ) do you give the court an account what david creagh has said to you of swearing against any body . c. heyden . several times , when my master has sent me to him , to pay him five shillings a week , or five and six pence a week , to subsist him . dr. oldish . who are you servant to ? c. creagh . he is my servant . c. heyden . this david creagh has oftentimes told me , that i should tell his brother , that if he would not supply him with more money , he would swear against him . when i came to the sessions-house , when the pyrates were tryed the first time . i was going through the bail-dock , where this david creagh call'd to me ; and i asked him what he did here ? he said he was to be evidence against captain vaughan . no certainly , said i , you do not know him ; do you ? says he , here 's the thing , it had been better for me , that i had been an evidence against him before this ; and i am forced to be an evidence against him , to save my self : and he bid me tell his brother , god damn his soul to all eternity , if he did not send him supply that day , he would have him in newgate , and that he should not come out again , till he came out upon a sledge . l. c. j. holt. did he say so ? c. heyden . yes , my lord. d. creagh . how long is it agone , mr. heyden ? c. heyden . it was the day the pyrates were tryed ; more than that , here was mr. wroths man was with me at the same time ; and because he should not hear what you said , you took me to the door . mr. phipps . is daniel bryan here ? ( he appeared , and was sworn . ) dan. bryan . i was subpaena'd here for i know not what : for i know not captain vaughan . mr. phipps . give me leave to ask you a question . do you know , or have heard of david creagh ? dan. bryan . yes , sir. mr. phipps . will you give account of what he has said of swearing against any body ? dan. bryan . he has threatened his brother several times , that if he would not send him relief , he would bring him in for something , and would inform against him . mr. phipps . did he say he would swear against him ? dan. bryan . he did say he would inform against him . mr. phipps . what did you hear him say of swearing against any one ? dan. bryan . he said , he had rather others should perish , than himself . mr. whitaker . this man was condemned for the same crime . mr. phipps . mr. vaughan , have you any other witnesses ? call creighton ( who was sworn . ) what countreyman are you ? creighton . a connaught-man , i was born in galloway , i believe mr. rivet knows me . mr. phipps . did you know one john vaughan , that lived at galloway ? creighton . i knew him very well . mr. phipps . do you know the prisoner at the bar ? creighton . no. mr. phipps . do you remember , that that jo. vaughan had a son thomas , and what became of him ? creighton . yes , he had a son thomas , but i understood that he went somewhere into the countrey , and there dyed , and it was spread all about the town . mr. phipps . do you know what he dyed of ? creighton . i cannot tell . l. c. j. holt. how long ago did he dye ? creighton . about ten years ago . i knew all the brothers . mr. phipps . did you know that thomas vaughan ? creighton . i knew him very well . mr. phipps . is that gentleman , the prisoner , he ? creighton . no. mr. phipps . do you believe that is not the man ? creighton . i believe not . mr. phipps . did you ever know any other thomas vaughan ? creighton . no. mr. j. turton . had not john vaughan a son apprentice at galloway to one thomas coleman ? creighton . not as i know of . mr. j. turton . how old was that son , thomas vaughan when you knew , him ? creighton . i was born at the next door to that thomas vaughan that was reputed to be dead . mr. j. turton . was not that thomas vaughan apprentice to mr. coleman ? creighton . i cannot certainly tell . mr. j. turton . how old was that thomas vaughan when he went away from galloway ? creighton . i cannot tell . mr. j. turton . what is your own age ? creighton . my age is about five and twenty . l. c. j. holt. you have not seen him in ten years ? creighton . no , my lord. l. c. j. holt. can you take it upon your oath , this is not the man you saw ten years ago , that thomas vaughan that you knew ? creighton . yes , my lord. l. c. j. holt. how old was he when you were acquainted with him ? creighton . i cannot tell certainly ; i believe he might be about fifteen . l. j. c. holt. how long is that since ? creighton . ten years . l. c. j. holt. what is your name ? creighton . creighton . mr. cowper . you say you knew him ten years ago ; pray what sort of person was he , and how did he differ from this man ? creighton . he was better set , and not quite so tall as this man , and full of the small-pox ; he was the quarrelsomst boy in the whole town . mr. soll. gen. you say he was not quite so tall as this man. creighton . no , he was not quite so tall. mr. soll. gen. do you think he might not grow since ? this was ten years ago , when he was but fifteen years old . mr. cowper . you knew him at fifteen ; how long had you known him ? creighton . from my infancy , till he departed the town . mr. cowper . during all that time what imployment was he in ? tell some circumstances . creighton . i think this vaughan went to one mr. russel's school . mr. cowper . what to do ? creighton . to learn to write and read . mr. cowper . and was he not an apprentice in that time ? creighton . i cannot tell . mr. cowper . were you acquainted with him ? creighton . yes . l. c. j. holt. you lived next door to him , sure you must be acquainted with him ? creighton . he was a fighting boy , for i remember he did once thrash my coat soundly . l. c. j. holt. where do you live now ? creigton . at the castle and faulcon in aldersgate-street . l. c. j. holt. what trade are you ? creighton . a shoemaker . mr. bar. powis . how long have you lived here ? creighton . this ten years . mr. bar. powis . what did that thomas vaughan dye of , that you say was dead before you came away , as it was reported up and down ? creighton . i cannot tell . mr. cowper . just now you said he went away from galloway , and it was reported then that he was dead ten years ago ; now you say you have been in england ten years . creighton . i came into england about ten years ago . mr. cowper . did you hear it at galloway before you came away ? creighton . i heard it at galloway before i came to london , and there are many can testifie that there was a report that he was dead . mr. j. turton . how long was he gone from galloway before you came away ? creighton . i cannot say to an hour ; i heard he was dead . l. c. j. holt. well , well , he went away from galloway . mr. j. turton . have you not been here twelve years ? creighton . i think not ; i came a little before the revolution . mr. j. turton . that is eight year ago . just now you said you had been here ten years . mr. phipps . call john kine . ( who was sworn . ) john kine , did you know one john vaughan in galloway ? jo. kine . yes , i lived with him . mr. phipps . what children had he ? jo. kine . four sons . mr. phipps . had he any one of those sons that was named thomas ? jo. kine . not of those four . mr. phipps . had he a son thomas ? jo. kine . yes , he had ; he died about ten or eleven years old of the small-pox . mr. phipps . you say you lived with this john vaughan ; look upon the prisoner at the bar , is he any of those sons ? jo. kine . no , sir , i never saw this man till now . mr. phipps . how long did you live with him ? jo. kine . about eight or nine years ? mr. phipps . but how long have you been come away from him ? jo. kine . about ten years . mr. j. turton . how well do these two witnesses agree together ? the other said he died at fifteen , and was pitted with the small-pox . this man says he died at ten , and of the small-pox . l. c. j. holt. where do you live now ? jo. kine . i live in the city . l. c. j. holt. how long have you lived there ? jo. kine . twelve years . l. c. j. holt. how long was this thomas vaughan dead before you came hither ? jo. kine . really i cannot be positive , i believe about eight or nine years . l. c. j. holt. did thomas vaughan dye of the small-pox ? jo. kine . yes . l. c. j. holt. that you are sure of . jo. kine . i am sure that was the disease he died of . l. c. j. holt. you know him well , i believe . jo. kine . yes , my lord. l. c. j. holt. how old was he when he died ? jo. kine . about ten years . l. c. j. holt. where was he buried ? jo. kine . at galloway . mr. j. turton . why does not the officer take care ? there is one talking with the witness . can you now reconcile your evidence ? ( to the prisoner's councel . ) l. c. j. holt. have you any more witnesses ? mr. phipps . no , my lord. mr. j. turton . what were the names of all the sons ? jo. kine . the eldest was john vaughan , the other william vaughan , another edward vaughan , and another james vaughan ; that was all that he has alive . mr. whitaker . there is never a thomas vaughan among these : mr. cowper . thomas died up and down in several places : mr. phipps . mr. rivet , do you know the sons of that john vaughan ? mr. rivet . he had all these sons , john , william , thomas and james . he speaks of a son edward , i cannot exactly remember whether there was such a son , or no ; though i have a rude idea of it , but am not certain . i knew this thomas , i went to school with him , and i saw him in the year . about the surrender of galloway . jury-man . is that man at the bar the same thomas vaughan ? mr. rivet . i am positive of that . l. c. j. holt. you saw him at the surrender of galloway ? mr. rivet . i did ; it was about that time . thomas vaughan . i am a subject of the most christian king , and i desire , though i speak english , that i may be examined in french , in a matter that touches me so near . and you may see by my commission , my lord , that i am a french-man ; which i desire may be read . l. c. j. holt. we shall not trouble you with that . t. vaughan . i can shew you my commission , wherein the king , my master , declares me to be a subject of france . dr. oldys . mr. vaughan , i think , you need not trouble the court to read the commission ; the commission is the same as for all other subjects of the french king , wherein he is lookt upon as a natural born subject of france ; and so he owns himself upon his examination before the judge of the admiralty . l. c. j. holt. have you any more to say ? as to the examination , who can prove that ? mr. cawley . i can prove that , my lord. ( mr. cawley was sworn . ) l. c. j. holt. is that thomas vaughan's examination ? mr. cawley . yes , my lord , it is signed by him ; and taken before sir charles hedges the th of july , . l. c. j. holt. read it . then mr. cawley read the examination of thomas vaughan . the th of july , . officium domini contra thomam vaughan capuem ' navicule , the loyal clencarty . the examination of thomas vaughan late commander of the ship , the loyal clencarty , aged about twenty six years , taken before the right worshipful sir charles hedges , kt. judge of the high court of admiralty of england . this examinate saith , that he was born at martinico within the dominons of the french king , and is his subject , but refuses to answer of what parents he was born ; that he came last from thence about four years ago as commander of a ship called the hare , which had been before taken from the english , and came in her to nants in france , and hath ever since been in france or cruizing in french ships ; that he hath been a commander ever since he was sixteen years of age , and hath commanded several french privateers , and was commander of a privateer of st. malo , called , the granada of guns , which about two years ago took the diamond , and the examinate was never till now taken . being asked , whether he ever lived in england , or in ireland ? he refuses to answer . being asked , whether he knew any thing of the taking and earrying of a custom-house boat from the downs to bulloigne ? or , whether he was then in london , or did give directions to any persons , or knew of her being carried off ? he answered nothing , but said , that if any person would prove it against him he was present to answer it : but saith , that in france he heard of her being brought to bulloigne ; and he the examinate bought her at bulloigne of the men that carried her away , and that she cost him and odd livres , and was then called the elizabeth and ann , or michael and ann , but which , doth not remember ; that he the examinate still hath the said vessel at bulloigne ; that he cannot tell the names of the persons he bought her of , and that took her away , but believes they had a commission ; that something above three weeks ago the examinate went with a commission from the french king on board a two and twenty oar-barge , called the loyal clencarty then at bulloigne as commander thereof , and on munday last was a fortnight was taken by the coventry man of war at the buoy in the gunfleet ; and that the commander of the coventry took away this examinate's commission , being asked upon what design he came out with the barge , replied that it was not to take the air ; that the barge formerly belonged to the lord danby , and was taken by a french privateer about a year ago ; that before he came out , he met with two english seamen upon the court of guards at bulloigne , who told the examinate , that they had been taken prisoners , and the examinate took them in upon charity ; and afterwards met another english man , who told the examinate that he had been taken in land service , and believes it was before fort renoque ; and the said person sitting upon a stone at bulloigne , and not knowing what to do with himself , the examinate took him on board for charity , and designed to put the said three persons ashore in england . being asked whether he did not put in a claim for the said custom-house boat by reason of her captain ? or , whether the persons that took her had any commission from him ? he the examinate answered , that they that took her must answer for what they did , and he must answer for his actions only . thomas vaughan . eodem die capt ' coram me c. hedges . l. c. j. holt. mr. vaughan , have you any more to say ? tho. vaughan . it is very hard circumstances i am under ; if an english man was in france , under the straights that i am here , it would be very hard for him to prove himself an english man. l. c. j. holt. you have had a very fair tryal , and you shall have justice , be it for you , or against you . tho. vaughan . i hope your lordship will do me right . l. c. j. holt. gentlemen of the jury , the prisoner at the bar , thomas vaughan , stands indicted for high-treason , for adhering to the king's enemies ; viz : that he put himself as a soldier in the service of the french king , in a vessel called the loyal clencarty , with diverse other persons on board her , that were subjects to the french king , and enemies to the king of england , with a design to burn the king 's , and his subjects ships ; and for that purpose went in that ship. that the prisoner was on board the ship , and with such a design , is proved , without all contradiction , by several witnesses that have been produced ; that is , that the two and twenty oar-barge , which is the same called the loyal clencarty , lay hovering about the buoy in the nore ; those men in the coventry imagined they had some design of mischief to the ships , and they made after him with the coventry . it was apprehended by captain vaughan and his crew , that the coventry would be too hard for them , and so they did submit , and were taken . and being examined on what account he came on our coasts , it is confest by him , that he came with a design to burn our ships . you may observe what sort of men were a board . you have heard it proved to you , that crittenden , the marshal of dover , entered those persons taken a board the french vessel , of what nation , and what quality they were ; and there were about a dozen of these french men , for they were entered as such . now if a subject of england to join with the king's enemies , in pursuit of a design to burn or take any of the king 's , or his subjects ships ; that is , an adherance to the king's enemies . but it appears , not only that captain vaughan was in their company , but that he was their commander ; which commanding the vessel on board , which were french subjects enemies of the king and the kingdom of england , is high-treason , and the particular fact of treason for which he is indicted . and it appears that he had a commission from the french king to command this vessel , the loyal clencarty . now the prisoner having this commission to be commander of this vessel , though they who served under him were not native french men but other foreigners , yet their subjecting themselves to him , acting by virtue or colour of that commission , makes them to be the french king's subjects , during their continuance in that service ; for otherwise all prizes , which they should take , would make them to be pirates ; which none will pretend to maintain , when they acted by a commission from a sovereign prince , that was an enemy . and if they shall cruize upon our coasts with a design to take , or destroy any of the king 's , or his subjects ships , they are enemies , though they were the subjects of a prince , or state in amity with the king of england . but at this time there is no necessity of entring upon this question , because it is proved that diverse , who were on board this vessel were french men , the joyning with whom , in prosecution of such a design , is that kind of high-treason of adhering to the king's enemies . so that if captain vaughan was a subject of england , he is proved guilty of high-treason , if you believe the evidence . but now it is insisted on by mr. vaughan and his council , that though he was exercising hostility against the king of england , and designing mischief to his subjects ; yet , says he , i was not a subject of england , i was born a subject to the french king. if that be true , then is he not guilty of high-treason ; he is an enemy , but not a traytor : and that is the point you are now to consider of , whether he be a subject of england , or france ? now as to that , he being taken under such circumstances , and speaking english , it is reasonable to be presumed that he is a subject of england , unless he proves the contrary . but then you have heard by several of the witnesses , that when he was at first taken , he acknowledged himself to be an irish man ; and he did not only acknowledge it to them that assisted in apprehending him , but being carried to dover , when the marshal entered him in his book as a prisoner , he entered him not as a french man , but declared at that time he was an irish man. it may be he did not consider the consequence of it , for the next day he was carried before the mayor of dover , and then having considered better of it , that it was not for his interest to acknowledge himself an irish , man he said he was born a subject to the french king , and at martinico . there were scotch men and irish men taken at the same time , and they were entered as of the nation they belonged to , and so were diverse entered as french men. so that unless he hath given sufficient evidence to the contrary , this is sufficient to induce you to belive him an irish man born . but he has endeavoured to take off this evidence that has been given . first , he says , it was when he was in drink that he did confess himself to be an irish man ; but when he was sober , he said he was a french man. and besides that he calls a witness , whose name is robert french , to give an account of him . and french says , that about fourteen years ago he was at st. christophers , on french ground , and he did then see this thomas vaughan , he did take him then to be about the age of fifteen . he says he stay'd there about four and twenty hours , and that he was in the company of this vaughan and his father about five or six hours . he says his father told him at that time , that this young man , who was then about fifteen years of age , was born at martinico . he says further , that his father did recommend this son to him to be a sea-faring man , being the imployment he intended him for ; and he is sure this is the man. this robert french was ask'd , whether he ever saw this vaughan from the time he first saw him at st. christophers until this time ? he says he never saw him since that time , till about two months ago . he gives you this account how he came to meet with him ; he says he came to town , and being a charitable man , he used to visit the prisons ; and he came to newgate to one knowler , and there he saw captain vaughan ; and though he had not seen him for fourteen years before , yet he knew him again , and is positive that he is the same person . another swears he knew the prisoner about five years , and he was reputed a french man. there has been another witness produced which is that dascine , who came up as a french man , and talked french , pretending he could not speak english ; but on examination it was discovered that he had an imployment in england , and was a bayliffs-follower , and it appears he can speak english very well ; and notwithstanding his pretence has given his evidence in english. and he tells you , that he about the year did go to st. christophers , and afterwards to martinico , and there he went to one williams , who had a friend whose name was vaughan , at whose house there was a christning to be of his son , to whom williams was to be godfather ; and this witness was carried thither , and the child was christned thomas . he tells you he went over again to st. christophers , and to martinico in the year , and that then he enquired for this child , and did see him . then he says , after that , he went over again to st. christophers and to martinico about thirteen years ago , and then saw him again , and , i think , never saw him since until very lately ; and this prisoner he undertakes to tell you is the very person . but then one harvey tells you he saw him in france in the year , and there he was taken to be a french man , and he lived with a woman that sold silk that said he was her nephew , her sister's son , and that he was born at martinico : this is the evidence he gives you to induce you to believe he is a french man. now in the first place , before i open the evidence in answer to it , i desire you to observe the weight and import of this evidence that hath been produced by the prisoner . first , for this french that says he saw captain vaughan fourteen years ago , when he was about fifteen years of age ; he had no former acquaintance with him , stayed in his company but six hours , and came away within four and twenty hours after his first arrival , and never saw him again in fourteen years ; it is a strange thing that he should know him again so well as to be so positive that he is the same person , for in fourteen years there is a great alteration in a man : for a man that has known one at the age of fifteen , and not seen him in fourten years after , though before he was very well acquainted with him , cannot so easily know him again . but however he is positive , upon his oath , that he is the same person that he saw at martinico . then as for dascine , you may consider him that he should take notice of a little child that he saw christned several years before , and that he should now remember him when he had not seen him in thirteen years ; sure he had a great liking to this child , that when he went to martinico many years after he should be so inquisitive after him ; i must leave these things to you to consider of : that he might have an aunt in france that is very possible too . but now consider how this evidence hath been endeavoured to be answered ; two witnesses have been produced to contradict that which they have sworn . the first is david cray , who tells you he has known the prisoner for two years , and says he was always reputed to be an irish man , and born in galloway ; he has often discoursed with him about his country , and he told him that he was an irish man , and born at galloway . then you hear what a letter is produced writ to cray when he was to come upon his tryal , he mentions what his defence was , and that it was impossible that any could do him any harm but he and two more . cray swears it is his hand ; that he hath seen him write , and he belives it is his hand . then there is a gentleman , mr. rivet , that came here by chance , who is a galloway man , he saith he knew the prisoner's father , who was reputed to come thither about the time of the rebellion in ireland , in . and lived at galloway , and that this prisoner , mr. vaughan , was his son , and he knew him of a child , was well acquainted with him , lived hard by him , remembers him an apprentice in galloway , and tells you to whom , and says he is sure this is the very man ; and that he saw the prisoner in , about the time of the reduction of galloway ; and he is confident that the prisoner is the son of john vaughan at galloway ; and he gives you a particular account of him and his family ; viz. of the reputation and manner of living of his father , and what other brothers he had ; so that there is no objection against his credit , and it is hard to believe , since he is so positive and circumstantial , that he can be mistaken . but the prisoner and his council have endeavoured to answer all this evidence ; and first they have called cray's brother to prove that he is an ill man , for that he came into this town where his brother lives , who subsisted him and took him to his house , and one day when he and his wife went abroad , he made bold with some of his money ; but they thought the maid had it , and he charged her with it , but to his satisfaction it did afterwards appear that david had it . then there is another , christopher hyden , christopher cray's servant , who says he , heard d. cray say he was forc'd to be an evidence against vaughan to save himself ; and that he used to threaten his brother , that if he would not give him more money he would swear against him . bryan saith much to the same purpose . these are produced to take off the credit of d. cray's testimony . but then gentlemen , as to the place of the prisoner's birth , two other witnesses are produc'd to give you satisfaction that this capt. vaughan was not the son of that mr. vvughan of galloway , whose evidence i will open to you , and then you will see how coherent they are in their testimony . the first is creighton , a shoemaker , he says he knew thomas vaughan , the son of john vaughan of galloway , about ten years since ; he was a galloway man bred , and lived the next door to john vaughan that had a son thomas . he says he has been here about ten years in england . he says he thinks that thomas vaughan , the son of john vaughan , was about the age of fifteen years , but that this prisoner is not he , for that thomas vaughan was disfigured with the small-pox ; he remembred him well , he had reason for it , for he once basted him soundly , and that he went away from galloway when he was about fifteen years of age , and was reported to be dead ; and if it were so this prisoner cannot be the person . the other witness is as positive as creighton , for he saith , he knew this john vaughan of galloway , and his son thomas ; and that thomas vaughan , son of john vaughan , died about ten years since of the small-pox . so that they have found two thomas vaughans ; one tells you of one that was fifteen years old , and was disfigured with the small-pox ; and the other tells you of thomas vaughan , who died of the small-pox when he was ten years of age. you are therefore to consider the evidence on both sides . the question principally is , whether the prisoner be a subject of the king of england ? if you are satisfied that he is not an english subject , but a french man , then he is not guilty of this high-treason ; but if you are satisfied , by the series of the whole evidence , that he is an irish man , and that he had a commission from the french king , and that he cruized upon our english coasts , in company with the king's enemies , with a design to take , burn , or destroy any of the king 's or his subjects ships , you are to find him guilty of high-treason whereof he stands indicted , otherwise you are to acquit him . cl. of . arr. swear an officer to keep the jury ; which was done . after a short stay , the jury returned into court , and gave in their verdict . cl. of . arr. gentlemen , answer to your names . e. leeds . mr. leeds . here. cryer . vous avez , and so of the rest . cl. of . arr. gentlemen , are you all agreed of your verdict ? jury . yes . cl. of . arr. who shall say for you ? jury . our foreman . cl. of . arr. thomas vaughan , hold up thy hand . ( which he did . ) look upon the prisoner . how say you , is he guilty of the high-treason whereof he stands indicted , or not guilty ? foreman . guilty . cl. of . arr. what goods or chattels , lands or tenements had he at the time of the treason committed . foreman . none to our knowledge . cl. of . arr. then hearken to your verdict as the court hath recorded it : you say that thomas vaughan is guilty of the high-treason whereof he stands indicted , but that he had no goods or chattels , lands or tenements at the time of the high-treason committed , or at any time since to your knowledge , and so you say all . jury . yes . tho. vaughan . my lord , let me beg one favour , that i may be used like a gentleman , that i may be sent to a chamber , and not to a dungeon , and that my friends may come to me . l. c. j. holt. captain vaughan , they say you once made an escape , and therefore the keeper must keep you with humanity , but with all security . tho. vaughan . i desire that i may be kept like a christian. l. c. j. holt. the keeper must do his duty . cl. of arr. thomas vaughan , hold up thy hand , ( which he did ) thou standest convicted of high-treason against our sovereign lord the king : what hast thou to say for thy self why judgment should not pass against thee to dye according to the law ? tho. vaughan . i am altogether a stranger to the law , my lord , i refer my self to my council . l. c. j. holt. well , then you refer your self to your council . you have had a fair tryal , and have no reason to complain of it : if your council have any thing to say in arrest of judgment they shall be heard . mr. phipps . my lord , the indictment has two sorts of treason laid in it ; the one for adhering to the king's enemies , the other levying of war ; and , with submission , i take it that the first is not well laid , for it says that the prisoner did adhere to the king's enemies , but says not against the king. now every body knows that the french king is in war , not only with england but holland , and spain , and the emperour : but if a man joyn with the french against any of them , he adheres to the king's enemies , and yet it cannot be said to be against the king ; therefore they ought to have laid it that he did adhere to the king's enemies contra dominum regem ; it must be aiding and comforting them against the king that makes the treason . l. c. j. holt. it does say so . mr. phipps . no , my lord , it only says that captain vaughan did adhere to the king's enemies , and does not say it was against the king ; and if that be treason , is what we desire to know . l. c. j. holt. if he adhere to the king's enemies , it must be against the king , though he assist them only against the king's allies , for thereby the king's enemies may be more encouraged and enabled to do mischief or damage to the king : suppose you assist the french king against the king of spain , that is now in allyance and league with the king of england , and the french in actual enmity , that is to adhere to the king's enemies against the king. mr. phipps . would that be treason my lord ? l. c. j. holt yes certainly , though that is not a point in this case , and so not necessary to be determined now ; for the act of parliament of of e. . defines treason in adhering to the king's enemies , and expresses the overt-act in giving them aid or comfort ; it is sufficient to alledge the treason in the words of the statute , adhering to the king's enemies . an overt-act alledged , shews it to be against the king ; and in pursuance of that adherence he did so and so ; he was a captain and soldier in the ship , did join with the king's enemies , &c. with a design to destroy the king's and his subjects ships ; surely that is most manifest an adherence to the king's enemies against the king. mr. phipps . the overt-act , if it were alledged sufficiently , would not help it ; for if there can be an adhering to the king's enemies that is not treason , they ought to alledge such adhering as is treason ; and if the treason it self is not well alledged , the overt-act will not help it . l. c. j. holt. there is an overt-act to shew it to be against the king. it is said all along , he being in this vessel clancarty , cum diversis subditis . mr. phipps but then that overt-act is not well alledged , for 't is said only he went a cruizing ; whereas they ought to have alledged that he did commit some acts of hostility , and attempted to take some of the king's ships ; for cruizing alone cannot be an overt-act , for he might be cruizing to secure the french merchant ships from being taken , or for many other purposes , which will not be an over-act of treason . l. c. j. holt. i beg your pardon . suppose the french king , with forces , should come to dunkirk with a design to invade england , if any one should send him victuals , or give him intelligence , or by any other way contribute to their assistance , it would be high-treason in adhering to the king's enemies . mr. phipps . if the french king had designed an invasion upon england , and captain vaughan had assisted in his vessel in forwarding the invasion , it would have been treason ; but here is nothing mentioned but cruizing . l. c. j. holt. cruizing about the coast of england with a design to destroy the king's ship. mr. phipps . that design ought to be made appear by some act of hostility , for in the case of burton and bradshaw , and others , which my lord coke cites , the agreeing to rise and pull down inclo●●res , and meeting and providing arms for that purpose , is agreed not to be levying of war ; and they were indicted for conspiring to levy war upon the statute of queen eliz. and in this case , here being only a conspiring , and nothing attempted , it can be no more treason than it was in that case . l. c. j. holt. when men form themselves into a body , and march rank and file with weapons offensive and defensive , this is levying of war with open force , if the design be publick . do you think when a ship is armed with guns , &c. doth appear on the coast , watching an opportunity to burn the king's ships in the harbour , and their design be known , and one goes to them , and aids and assists them ; that this is not an adhering to the king's enemies ? here are two indictments , one for levying war , and the other for adhering to the king's enemies ; but the adhering to the king's enemies is prinncipally insisted on , and there must be an actual war proved upon the person indicted in the one , yet need not be proved in the other case . mr. phipps . the same certainly is necessary in one as well as the other ; for barely adhering to the king's enemies is not treason , but there must be an actual aiding and comforting them ; and a meer intention to assist the king's enemies , is not an adherence within the statute of ed. . l. c. j. holt. if there be not high-treason in the act alledged , that is , if it do not make out an adherence to the king's enemies , than your objection would hold good . mr. phipps . the going to cruize , my lord , does not make out an adherence to the king's enemies ; for his cruizing may be for other purposes as well as to take the king's ships , and your lordship will intend the best in favour of life . mr. whitaker . to burn the king's ships . l. c. j. treby . the indictment is laid for adhering to , and comforting and aiding the king's enemies . you would take that to be capable to be construed adhereing to the king's enemies in other respects ; but i take it to be a reasonable construction of the indictment , to be adhering to the king's enemies in their enmity . what is the duty of every subject ? it is to sight with , and subdue , and weaken the king's enemies : and contrary to this , if he confederate with , and strengthen the king's enemies , he expresly contradicts this duty of his allegiance , and is guilty of this treason of adhering to them . but then you say here is no aiding , unless there were something done , some act of hostility . now here is going a board with an intention to do such acts ; and is not that comforting and aiding ? certainly it is : is not the french king comforted and aided , when he has got so many english subjects to go a cruizing upon our ships ? suppose they man his whole fleet , or a considerable part of it ; is not that aiding ? if they go and enter themselves into a regiment , list themselves and march , though they do not come to a battel , this is helping and encouraging ; such things give the enemy heart and courage to go on with the war ; or else , it may be , the french king would come to good terms of peace . it is certainly aiding and comforting of them , to go and accept a commission , and enter into their ships of war , and list themselves , and go out in order to destroy their fellow-subjects , and ruine the king's ships ; these are actings of an hostile nature . and it this be not adhering , &c. it may as well be said , that if the same persons had made an attack upon our ships and miscarried in it , that had not been so neither , because that in an unprosperous attempt there is nothing done that gives aid or comfort to the enemy . and after this kind of reasoning they will not be guilty , till they have success ; and if they have success enough , it will be too late to question them . mr. phipps . intending to levy war is not treason , unless a war be actually levied . l. c. j. treby . is it not actual levying of war , if they actually provide arms , and levy men , and in a warlike manner set out and cruize , and come with a design to destroy our ships ? mr. phipps . it would not be an actual levying of war , unless they commit some act of hostility . l. c. j. holt. yes , indeed , the going on board , and being in a posture to attack the king's ships . as to the fault you find with the indictment , there is a fault , but not in point of law ; they might have laid it more generally , so as to have given more evidence . mr. bar. powis . however it is well enough . but for you to say , because they did not actually fight , it is not a levying of war ; is it not plain what they did intend ? that they came with that intention , that they came in that posture , that they came armed , and had guns , and blunderbusies , and surrounded the ship twice , they came with an armed force ; that is a strong evidence of the design . l. c. j. holt. you would make no act to be aiding and assisting but fighting . mr. phipps . then next i am in your lordships judgment , whether the statute of of hen. the th . by which captain vaughan is tried , is in force , and be not repealed by the first and second of philip and mary , which saith , that all tryals , in cases of treason , shall be at the common-law . now by the common-law before the statute hen. . treason done upon the sea , was tried before the admiral , or his lieutenant , and my lord coke in the rep. in the case of the admiralty , saith the jurisdiction of the admiralty is by the common-law . by the statute hen. . treason confessed before three of the privy-council might be tried in a foreign county , but that statute is repealed by the statute and of philip and mary ; for by the statute hen. . c. . treason committed in trales , might be tried in what county the king would assign ; but since the statute of philip and mary , it must be in the proper county ; so that we are in your lordship's judgment , whether the statute of hen. . be in force ; and whether , since the statute of and philip and mary , treasons done upon the sea , ought not to be tried before the admirals , or anciently at the common-law ? l. c. j. holt. this is treason by the common law , and the trial is by the method of the common-law . mr. phipps . 't is true that my lord coke , and other authorities say , that the statute hen. . for trying treasons committed beyond sea , is not repealed by the statute of and philip and mary , but they do not say that this statute is not repealed by the statute of philip and mary ; and the books being silent in this , is the reason why i propose this question for your lordship's judgment . l. c. j. holt. it is no more a question than the tryals of foreign treason , and then the determination of the tryals upon the th . determines the question upon this . dr. oldys . we must have two witnesses by the rules of the civil-law , an extrajudicial saying of a party may be retracted by them at any time , that is the civil-law , and so there can be out one witness . l. c. j. holt. that is not the law of england . dr. oldys . i do humbly conceive that the civil-law is not taken away in this case ; for though the statute prescribes the form of proceedings according to the rules of the common-law , yet as to the crimes and proofs the civil-law is still in force , and then the party may retract his confession in judgment , much more any extrajudicial saying . mr. whitaker . you are arraigning the verdict . l. c. j. holt. that you should have taken notice of before the verdict was given . but we think there is no danger in hearing this objection , because it is so easily answered . how many witnesses were to the confession ? sir ch. hedges . we are not in a court that proceeds according to the strict rules of the civil-law ; but if we were , that law is not so absurd as to allow that a party may retract his confession at any time , so as to make it have no effect . dr. oldys . there must be two witnesses at any time . sir ch. hedges . so there are here to the confession ; but you mistake if you think that every particular is to be proved strictly as the civil law requires , for the end of the statute which directs the proceedings of this court was to facilitate the method of making proofs , that being sound difficult by the course of the civil-law ; and therefore was that statute made , as plainly appears , by the preamble thereof . dr. oldys . there is a new statute that revives that statute again , and that requires two witnesses ; whereby 't is reduced to the rules of the civil-law again . l. c. j. holt. two witnesses there must be ; but then consider it is not necessary to have two to every individual overt-act : for suppose there be two overt-act laid in the indictments , for one species of treason , compassing and imagining the death of the king ; if there be one witness that he bought a dagger , and said he would kill the king , and he is seen , it may be , going to the king's bedchamber with the dagger ; another witness says , he said he would kill the king with a pistol , and bought a pistol , and he stood waiting to kill the king as he came by ; that is another overt-act of the same treason . if one witness prove one , and another witness prove the other , this is sufficient proof with us . dr. oldys . it is another question , whether he be a subject ? l. c. j. holt. that is not an overt-act ; if there be one witness to that , it is enough , there needs not two witnesses to prove him a subject ; but upon the tryal there were above two witnesses to prove it : there was crittenden , the marshal of dover , cray and rivet . i must tell you , as to the doctrine of the civil-law , it is not universally received in all countries ; it is received in several countries as they find it convenient , and not as obligatory in it self . dr. oldys . yes , in all places , as to proof ; for 't is the law of god and nations , ex ore duorum , vel trium , &c. and one witness is no witness . sir ch. hedges . two witnesses may be necessary to convict a man of any capital crime , but then it doth not follow that there must be two witnesses to prove every particular fact and circumstance . in this point , touching the place of the nativity of thomas vaughan , was there not sufficient in his own confession , together with the other proofs on the king's behalf , to throw the burden of proof upon the prisoner ? you your selves seem to have been of that opinion ; you undertook to prove it , and 't is you that have failed in that particular . l. c. j. holt. our tryals by juries are of such consideration in our law , that we allow their determination to be the best , and most advantagious to the subject , and therefore less evidence is required than by the civil-law . so said fortescue in his commendation of the laws of england . dr. oldys . because the jury are the witnesses in reality , according to the laws of england , being presumed to be ex vicineto ; but when it is on the high and open seas , they are not then presumed to be ex vicineto , and so must be instructed according to the rules of the civil-law by witnesses . mr. bar. powis . this is not a tryal by the civil-law ; for that statute was made to avoid the niceties of your law. mr. j. eyers . he is tryed with like evidence , as in other cases of high-treason . dr. oldys . no , the late act requires two witnesses : cl. of arr. make proclamation of silence . cryer . all manner of persons are commanded to keep silence , while judgment is giving , upon pain of imprisonment . and then judgment was given , according as the law directs in cases of high-treason an abstract of the tryal of john murphey for high-treason , &c. john murphey being indicted for high-treason , the twelve gentlemen following were sworn upon the jury for his tryal . nathaniel long john eure john child thomas clarke thomas batem●n henry trye john morewood nicholas greenway samuel jackson john hall john collumn roger mott. then mr. whitaker , one of the king's councel , opened the indictment ; after which dr. nuton , one of the king's advocates , spoke as follows . john murphey of cork , in the kingdom of ireland , born a subject of this kingdom , and therefore owing allegiance and service to his king and country , stands indicted for adhering to , aiding and comforting his majesties enemies ; and likewise for levying of war , in assisting the french king , the greatest , the most inveterate , and the most dangerous enemy of our king , our nation , our religion , and the common liberty of europe , in an unjust , cruel , and long war , against his king and country ; that king who heads the league against the common oppressor of christendom , and the country whose forces and reputation support that league ; and this with a design only to rob and spoil , which is the meanest part of the war , but withal the most mischievous to the innocent and trading subjects ; being on board a french privateer , called , the nostre dame de bon novelle , and fighting in her ; for though the coming with such a design , and the being in a vessel , under a french commission , was criminal , and must have met with , since it deserved the same punishment ; yet this was put in execution too , by the the taking the joseph and isaac of london , on the twentieth of march last , to the terrour and the impoverishment of many of his fellow-subjects ; which justifies their complaint , and this publick prosecution of the state , for the bringing him to justice . and then the witnesses for the king were called , and being examined , together with several others , on the behalf of the prisoner , it appeared to the jury that the said murphey , being an irish man , and his majesties subject , did traiterously adhere unto , and assist the french king in a french ship , called , the nostre dame de bon novelle , and in taking and securing therewith a ship , called , the joseph and isaac of london , belonging to english subjects . and thereupon he was found guilty , and received sentence of death , as in cases of high-treason . the commission of capt. tho. vaughan , which he had by order of the french king . lewis alexander of bourbon , earl of toulouse , duke of amville , commander of the king's orders , governor and lieutenant-general for his majesty in the province of britany , peer and admiral of france . to all those who shall see these present letters greeting ; the king having declared war against his catholick majesty , the favourers of the of the crowns of england and scotland , and the estates of the united provinces , for the reasons contained in the declarations published by his majesty throughout the extent of his kingdom , countries , lands and lordships under his obedience ; and his majesty having commanded us to take care that the said declarations be observed , in what doth depend upon the power and authority which his majesty hath been pleased to commit to our said charge of admiral . we have according to the express orders of his said majesty , given leave , power and permission to thomas vaughan , living at bulloigne , to arm and set forth in warlike manner a bark , called , the loyal clencarty of the burthen of ten tuns , or thereabouts , which is at present in the port of bulloigne , with such number of men , cannons , bullets , powder , shot , and other ammunitions of war , and provisions which are necessary to set her out to sea , in a condition to sail and cruize upon the pirates , and others without commission , as also upon the subjects of his catholick majesty , the estates of the united provinces , the favourers of the of the crowns of england and scotland , and other enemies of this estate , in what places soever he can meet them , whether it be upon the coasts of their country , in their ports , or rivers , also upon their shores , or places where the said captain thomas vaughan shall think fit to land to annoy the said enemies ; and there to make use of all the means and arts permitted , and used by the laws of war , to take them and bring them prisoners with their ships , arms , and other things in their possession . provided the said vaughan shall keep , and cause those of his crew to keep the maritime orders , and that he shall carry , during his voyage , the flag and ensign of the king's arms and of ours , and cause the present commission to be registred in the registry of the nearest admiralty where he shall be equipped , and leave there a roll signed and certified by him , containing the names and surnames , the births and residence of his crew ; and make his return to the said place , or some other port of france , and make his report before the officers of the admiralty , and no others , of what shall have happened during his voyage , and give us advice thereof , and send his said report to the secretary-general of the marine , with the papers justifying the same , that we may give such orders thereupon as may be necessary . and we pray and require all kings , princes , potentates , sovereigns , estates , republicks , friends and allies of this crown , and all others , to whom it shall appertain , to give the said vaughan all favour , aid , assistance and succour in their ports , with his said vessel , company and prizes , which he shall take during his voyage , without doing , or suffering to be done to him any trouble or hindrance ; offering to do the like when we shall be by them thereunto required . and we do command and require all marine officers , and others , to whom it shall appertain , to let him safely and freely pass with his said vessel , arms and company , and the prizes which he shall take , without doing , or suffering to be done to him any trouble or hindrance ; but on the contrary , to give him all succour and assistance that shall be necessary . these presents to be of no force after one year , from the day of the date hereof . in witness whereof we have signed these presents , and caused them to be sealed with the seal of our arms , and counter-signed by the secretary-general of the marine , at versailles the tenth day of the month of july , one thousand six hundred ninety five . l. a. de bourbon . l. s. by my lord de vallencour . the present commission was registred in the registry of the admiralty of bulloigne , after having been seen by us james abot de la cocherine , the king's councellor , deputed to the intendancy of bulloigne , exercising the charge of lieutenant-general of the admiralty , in the presence of the king's proctor , at the request of the said captain vaughan , being present , whom we have permitted to sail and cruize upon the enemies of the estate . done at bulloigne the fourteenth of july , one thousand six hundred ninety five . maginon . versionem hanc anglicanam in omnibus , cum suo originali gallico convenire testor , wilihelmus rocke , notar. publ. a catalogue of books printed for and sold by john everingham at the star in ludgate-street . a debate on the justice and piety of the present constitution : under king william . in two parts . the first relating to the state , the second to the church . between eucheres a conformist , and dyscheres a recusant . by samuel ●●ll , rector of kil mington , author of solomon and 〈◊〉 the tryals of joseph dawson , edward forseith , william may , william bishop , jame● lewis , and john sparkes : for several piracies and robberies by them committed , 〈◊〉 the company of every the grand pirate , near the coasts of the east-indies , and several other places on the seas . giving an account of their villainous robberies and barbarities . eight sermons preached on several occasions . by nathaniel whaley rector of broughton in northamptonshire . a new family-book : or the true interest of families . being directions to parents and children , and to those who are instead of parents ; shewing them their several duties , and how they may be happy in one another . together with several prayers for families and children , and graces before and after meat . to which is annexed a 〈◊〉 course about the right way of improving our time. by james kirkwood , rector o● astwick in bedfordshire . with a preface by dr. horneck . the guide of a christian , directing him to such things as are by him to be believ●● practised , and hoped for . there are added at the end , prayers to be used upon several occasions . moral maxims and reflections . in four parts . written in french by the duke ●● rochefoucault . now made english. letters on several subjects , by the late pious dr. henry more . with several o●●●● letters . to which is added by the publisher , two letters , one to the reverend 〈◊〉 sh●rlock , dean of st. paul's ; and the other to the reverend mr. bentley . with othe● discourses . publish'd by the reverend mr. e. elys . a practical discourse concerning the redeeming of time. by edward pelling , 〈◊〉 chaplain in ordinary to their majesties , and rector of petworth in sussex . the true royal english school , for his majesty's three kingdoms . being a catalogue of all the words in the bible , together with a p●●●●●es in prose and verse , 〈◊〉 variety of pictures , &c. together with an exposition on the creed . by tobias , 〈◊〉 late minister of the gospel . the gauger and measurer's companion : being a compendious way of gauging per●●●●●● and solids , &c. also a brief description of the gauge point for ale and w●●● gallons , &c. to which is added a true method for brewing strong ale in london , 〈◊〉 with thirty cuts . by james lightbody , philomath . price s. d. finis . a schoole for young souldiers containing in breife the whole discipline of vvarre, especially so much as is meet for captaine to teach, or the souldior to learne, that is, to trayne or to bee trayned : fit to be taught throughout england. markham, gervase, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a schoole for young souldiers containing in breife the whole discipline of vvarre, especially so much as is meet for captaine to teach, or the souldior to learne, that is, to trayne or to bee trayned : fit to be taught throughout england. markham, gervase, ?- . sheet ([ ] p.) : ill. printed for iohn trundle dwelling in barbican at the signe of nobody, london : [ ] date of publication from stc ( nd ed.). attributed to markham by stc ( nd ed.). illustrations copied from stc --cf. stc ( nd ed.). reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- drill and tactics -- early works to . drill and minor tactics -- early works to . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion ¶ a schoole for young souldiers , containing in breife the whole discipline of vvarre , especially so much as is meet for captaine to teach , or the souldior to learne , that is , to trayne or to bee trayned . fit to be taught throughout england . reader for thy better direction obserue the course of the figures as they stand in order . to captaines are referred two things . sorting of armes which should be halfe pikes , and halfe sho● and the shot : halfe muskets , halfe harquebusses . strongest for pikes , squarest for muskets , nimblest for harquebus . the armours they shall weare shal be these following ; for the pike , a morian , curaces , gorget , pouldron , taces , sword , girdle , hanger and pike ; the musket , a morian , bandileir , sword girdle , hanger , bullet , bagge and rest ; the harquebus , a morian , bandileir sword , girdle , hanger , and bullet bagge : or two parts muskets , and one part harquebus ; the men for the weapons , formes of trayning , dividing euery company into . squadrons , files , fellowships : and then teaching carriage of armes , which must be , most comely , euery seuerall weapon , learning these postures following . postures of the pike order your pike , aduance your pike , set down your pike , shoulder your pike , leuel your pike , slope your pike , port your pike , charge your pike , check your pike , traile your pike , charge against the right foote and draw your sword , charge your pike backeward . right to your first order , lay downe your pike , take vp your pike . postures of the musket march with the musket-rest in the right hand . march , and with the musket carry the rest . sinke your rest , and vnshoulder your musket . hold vp your musket with the right hand , and let it sincke in the left : in the left hand hold your musket , and carry your rest with it . into the right hand take your march : hold well your match between your fingers , and blow it : cocke your match , try your match : blow your match , and open your panne : hold vp your musket , and present : giue fire , take down your musket , and cary it with the rest : vncocke your match , ioyne your match againe betweene your fingers , blow your pan : proine your panne , shut your panne : cast off your pan , blow off your panne : cast about your musket : traile your rest : open your charges : charge your musket : your scowring-sticke draw out : take your scowring sticke shorter : ramme your powder , your scowring sticke draw out , take your scowring sticke shorter : put vp your scowring sticke home : bring forward your musket with the left hand , hold vp your musket with the right hand , and recouer your rest : shoulder your musket , march and carry the rest with it : vnshoulder your musket : lay your musket on the rest : hold your musket on the rest : hold your musket in the rest , and with the left hand only balance . take your match into the right hand : guard your panne , and stand readie . postures of the harquebuse shoulder your piece and march : vnshoulder your piece : with the right hand hold it vp : in the left hand take the piece : in the right hand take the match : hold well your match and blowe it : cocke your match : trie your match : blow your match : open your panne : present your piece : giue fire : take downe the piece , and in the left hand holde it : vncock your match : ioyne it againe twixe your fingers : blow your panne : proyne your panne : shut your panne : shake off your pan : blowe off your loose cornes : turne about your piece : to your left side let it sinke : open your charges : charge your piece : your scowring sticke draw out : take your scowring sticke shorter : ram your powder : your scowring sticke draw out : take your scowring sticke shorter : put vp your scowring sticke home : with the left hand bring forward the piece : with the right hand hold it vp : shoulder your piece : hold your piece well on your shoulder , and march : vnshoulder your piece : in the left hand let it sincke : with the left hand alone holde the piece : in the right hand take the match : cocke your match : trie your match : blow off your match : guard your panne and stand ready . vse of armes , which must be the vse of the pike , in receiuing or giuing a charge , the first beeing pike against horse , the second , pike against pike ; vse of shot , is how to present his piece , take his leuell , and giue his vo●ce . march , in which euery man shall obserue his leader , and them of each hand , mouing as they moue : mo●ion is mouing without marching , as turning on any hand , changing of place , as doubling of rankes or files . all mouing , yet none marching , as opening or closing of ranks or files . sounds of the drumme , which is to know , a march , a troope , a charge , a retreit , a call , the watch , going to the mine , ● words of direction which are , leaders , stand forward with your files , rankes , open forward , paces : faces to the right hand , turne , faces to the left hand , turne , faces about : turne , open your files , close your files , open your files to the right hand , open your files to the left hand ; close your files to the right hand , close your files to the left hand ; double your file to the right hand double your file to the left hand ; double your ranks to the right hād double your ranks to the left hand . as you were : rancks from behinde close : ranckes open backward , paces . files on the right hand turne : rancks on the right hand turne , front passe thorow , followers passe thorow , front as you were , files , as you were , counter-march to the right hand , counter-march to the left hand ; cast off your files to the right hād . cast off your files to the left hand ; double your front to the right hād . double your front to the left hand . double your reare to the right hād . double your reare to the left hand . finis . london printed for iohn trundle dwelling in barbican at the signe of nobody . a letter from colonel hewson from finagh in ireland, of the of march, . to the honorable william lenthal esq; speaker of the parliament of england: vvith articles of the surrender of finagh castle, and other strong holds. and a list of the prisoners taken. die martis, martii, . ordered by the parliament, that this letter and articles, with a list of the prisoners taken, be forthwith printed and published. hen: scobell, cleric. parliamenti. hewson, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from colonel hewson from finagh in ireland, of the of march, . to the honorable william lenthal esq; speaker of the parliament of england: vvith articles of the surrender of finagh castle, and other strong holds. and a list of the prisoners taken. die martis, martii, . ordered by the parliament, that this letter and articles, with a list of the prisoners taken, be forthwith printed and published. hen: scobell, cleric. parliamenti. hewson, john, d. . england and wales. parliament. p. printed by john field, printer to the parliament of england, london : . reproduction of the original in the british library. eng hewson, john, d. -- early works to . england and wales. -- army -- early works to . ireland -- history -- - -- early works to . a r (thomason e _ ). civilwar no a letter from colonel hewson from finagh in ireland, of the of march, .: to the honorable william lenthal esq; speaker of the parlia hewson, john a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from colonel hewson from finagh in ireland , of the of march , . to the honorable william lenthal esq speaker of the parliament of england : vvith articles of the surrender of finagh castle , and other strong holds . and a list of the prisoners taken . die martis , martii , . ordered by the parliament , that this letter and articles , with a list of the prisoners taken , be forthwith printed and published . hen : scobell , cleric parliamenti . london , printed by john field , printer to the parliament of england . . mr. speaker , the mighty hand of the great god hath been stretched out against your enemies , and defending you and your forces , whilest you have been prosecuting the peoples liberty , publique good and interest of his people ; amongst whom he hath , he doth , he will manifest his presence : and as all your forces hath abundance of experience therein , so those in ireland wants not large and comfortable testimonies thereof . the several accompts you have received , giveth your servants cause of rejoycing in , and depending upon our lord for his mercies exercised with and amongst them : and as in other appearances of our god , this day , and his presence with the present motion of your servants here , doth abundantly proclaim his goodness . the counties of westmeath , cavan and longford persisting in rebellion , and the enemy raising forces in those parts , and endeavoring to form a considerable army there ; for the preventing thereof , and to reduce the said counties , i marched from dublin , and the parts adjacent , with foot and horse the of february last : when i was about tecroghan , i had notice the enemy in the kings county , with three thousand horse and foot , was distressing one of the garisons , i marched immediately to terrels pass for its relief ; but commissary general reynolds had removed that enemy with a party from about kilkenny . i upon notice thereof marched towards mullingar , where we found resistance by a castle called kilbridge , which was presently reduced ; wherein two hundred barrels of corn was found , and kept for your service . when i came to mullingar , the enemy did quite desert and leave erlestown , and burned the former , both of which i have now garison'd for you , as also mullingar . whilest i was there , i heard from commissary general reynolds , who had taken by storm donmore in westmeath , wherein was near one thousand barrels of corn : i presently rid over unto him , where we both advised to fortifie and garison ballemore , a very considerable place , which the enemy had slighted . i sent thither colonel fouck with his regiment , and commissary general came thither with his foot , and they have made up the works , and made it tenable , and secured it for you . i marched unto sir thomas nugents house , which was kept against you , and reduced it ; and then to ballinalack , and reduced it , a considerable pass out of westmeath unto longford . the commissary general and i agreed to march to finagh , where we heard was great store of forces to entertain us . i came with my party last night unto a castle upon the tower , and i saw a considerable enemy march upon the other side of the water towards us from the county of cavan , who coming to the other side of the pass at the lougher , where we did camp twice , musket shot one from another , but the castle was upon the pass between us : that night commissary general reynolds quartered within three miles of us ; i raised a battery , and planted the guns that night , and this morning betimes began to play ; the third shot that we made , the enemy did quit the castle , and run away unto the bog : we pursued them , took some , drowned others , and some few escaped . i drew down the horse and foot presently over the river up to finagh , where we beheld the enemy that came towards us yesterday , march faster back from us . we found a pass about musket shot of the castle , over which i sent sir theophilus jones with horse , and my regiment of foot , to pursue the enemy , and with the rest of the foot stormed finagh , but could not enter . i presently did summon it , they desired to treat , but in the time of parley commissary general coming up , we did joyntly treat with them ; and as we were treating , sir theophilus jones came back , who had overtaken the enemy , killed about four hundred on the place , and brought with him the prisoners in the inclosed list mentioned . the soldiers in the castle finding all hopes failing , yielded the castle upon the articles herewith tendered unto you . the taking of this place is of great advantage unto you , and giveth you the possession of longford and cavan ; and this days successes doth in good measure prevent the forming of such great armies as they intended . whilest you pursue those interest god will own , you will finde his hand against your enemies , his power with your forces , and success in your great undertakings , the hands of your faithful servants strengthned , and all good people comforted , and the government you have established , secured : which that the lord of hosts may still preserve uncorrupted , shall be the prayers of your faithful servant j. hewson . finagh , march . . articles agreed upon between commissary general reynolds , colonel hewson , and christopher nugent , on the behalf of major dardise , and the rest of the officers and soldiers , upon the surrender of finagh this march . . that the garison of finagh be immediately surrendred within half an hour unto captain hoar who is appointed to receive the same . ii. that all the ammunitions , stores , and provisions that are in the said garrison , be delivered to the said captain , the said stores being in no ways imbezzled , or wasted . iii. that the governor of the said garison , major dardise , shall be a prisoner of war , and have his parole for fourteen days after the date hereof . iv. that all the rest of the officers and soldiers that are in the said garison , shall march forth with their arms for one mile , at which place they are to deliver their arms to those that shall be appointed to receive them , where they shall have a safe conduct towards ardagh in the county of longford . v. that the said officers and soldiers of the said garison are permitted and suffered to march to their own garisons for three days , during which time no hostility is to be acted against them , they acting nothing prejudicial to the state of england . vi . and that captain nugent and captain cruse remain hostages for the performance of the aforementioned articles . dated this march . . christopher nugent . j. reynolds . j. hewson . a list of the prisoners taken by commissary general reynolds , mentioned in this letter . colonel alexander mac donnel lieut. col. john mac donnel major surly mac donnel captains . donnel mac kay , patrick mac cormuck hector mac neal tirlagh o quin cochel o quin patrick o melan arth. mac donnel dan o neal miles reyly daniel brady farel magauly shane o kernan . lieutenants . tirlagh reyly archbold mac donnel bryan mac donnel donnel reyly owen rely john brady thomas brady thomas fitzpatrick brady tirlagh brady owen mac kerny phelim mac donnelly phel . mac mulwy ensigns . tirlagh rely hugh reyly james brady bryan mac kern donnel mac kern hugh brady sirlagh mac keaghan edmond mac melchal philip mac kedan donnel mac elaspick chelim mac o codan daniel o neale daniel mac giee cormuch cavenagh hugh mac clemen . james o hore , quarter master . private soldiers , and non commission officers . finis . notes, typically marginal, from the original text notes for div a e- imprimis . a discourse concerning the illegality of the late ecclesiastical commission in answer to the vindication and defence of it : wherein the true notion of the legal supremacy is cleared, and an account is given of the nature, original, and mischief of the dispensing power. stillingfleet, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse concerning the illegality of the late ecclesiastical commission in answer to the vindication and defence of it : wherein the true notion of the legal supremacy is cleared, and an account is given of the nature, original, and mischief of the dispensing power. stillingfleet, edward, - . [ ], p. printed for henry mortlock, london : . reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- ecclesiastical commission ( ) great britain -- church history -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse concerning the illegality of the late ecclesiastical commission , in answer to the vindication and defence of it : wherein the true notion of the legal supremacy is cleared ; and an account is given of the nature , original , and mischief of the dispensing power . london , printed for henny mortlock , at the phoenix in st. paul's church-yard , and at the white hart in westminster-hall , m d c lxxxix . an advertisement . this discourse concerning the illegality of the late ecclesiastical commission , was written when the author of it was summoned to appear before it ; and was in continual expectation of undergoing its censure , for not complying with the orders of it . this put him upon an enquiry into the grounds on which it stood . from whence he proceeded to search into the true notion of the legal supremacy ; and finding it very imperfectly set down in the famous fifth report , de jure regis ecclesiastico , he took the pains to examin it through every reign , there mentioned ; and upon the whole matter he finds him and his adversary f. p. equally mistaken . but in the management of it he hath rather endeavoured to give light to the thing , than to discover any mans errors . and it is hardly possible to settle the notion of it aright , without considering the practice of other countries , as well as our own : of both which the reader will find a short but impartial account ; which i believe the author could more easily have inlarged , than have brought it into so narrow a compass . by this , i hope , the world will see , that it was not humor or faction , but a real and well-grounded dissatisfaction , which made those of the church of england oppose the proceedings of that time ; and that such have as great and real a zeal for the ancient and legal constitution of our government , as those who make a greater noise and clamor about it ; and that , not upon any new notions or phrases , but upon the very same grounds which our ancestors made use of ; and carry in them the true basis of our english government . it is possible some worthy men may have carried some notions beyond our legal constitution ; but the more they search into it , the better opinion they will have of it . which , i think , is so well setled , that every deviation from it tends to our ruin. as to the dispensing power , the author hath inlarged that part , since some late discourses have been published , both for and against it . he hath neglected nothing which hath been most plausibly pleaded for it ; but hath given a full answer to the most material instances which have been insisted on , in behalf of it . and after all , i cannot but conclude , that the dispensing power is a kind of mental reservation , which quite alters the meaning and design of a law. when the late ecclesiastical commission was superseded ( if not dissolved ) the author laid by these papers as useless ; but having communicated them to one particular friend , ( whose judgment and authority he had a great regard to ) he hath been prevailed with by him , to make them publick at this time : it being still necessary to shew , with what justice and reason , we refused to own the jurisdiction of it . and it seems to me as hard to reconcile it to our laws , as liberty of conscience to the principles of popery , or the worship of images to the second commandment . the contents . chap. i. the state of the question concerning the court of the late ecclesiastical commission . pag. chap. ii. the king's supremacy by common-law enquired into ; coke's fifth report , de jure regis ecclesiastico , examined . p. chap. iii. whether the king's supremacy by law extends to the dispensing with laws : of the nature and original of that power ; the inconsistency of such a dispensing power with the frame of our government . p. chap. iv. of the alterations made in the supremacy , by the statutes of henry the eighth ; with an answer to the objections . p. the legality of the court of ecclesiastical commission stated and argued ; in answer to the vindication and defence of it . chap. i. the state of the question concerning the court of the late ecclesiastical commission . the case stands thus ; by the act of eliz. . it was established and enacted , that such jurisdictions , priviledges , superiorities and preheminencies spiritual and ecclesiastical , as by any spiritual or ecclesiastical power or authority , have heretofore been or may lawfully be exercised or used for the visitation of the ecclesiastical state and persons , and for reformation , order and correction of the same , and of all manner of errors , heresies , schisms , abuses , offences , contempts and enormities , shall for ever by this present parliament be united and annexed to the imperial crown of this realm . and that the kings and queens of this realm shall have ful power and authority by virtue of this act by letters patents under the great seal of england , to assign , name and authorize , when and as often as they shall think meet and convenient , and for such and so long time as they shall think meet to exercise , use , occupy and execute all manner of jurisdictions , priviledges and preheminences in any wise , touching or concerning any spiritual or ecclesiastical jurisdiction within these realms ; and to visit , reform , redress , order , correct and amend all such errors , heresies , schisms , abuses , offences , contempts and enormities what soever , which by any manner of spiritual or ecclesiastical power , authority or jurisdiction can or may lawfully be reformed , ordered , redressed , corrected , restrained or amended to the pleasure of almighty god , the increase of virtue , and the conservation of the peace and unity of this realm : and that such person and persons so to be named , authorized and appointed after the said letters patents to him or them made and delivered , shall have full power and authority , by virtue of this act , and of the said letters patents to exercise , use and execute all the premises , according to the tenour and effect of the said letters patents , any matter or cause to the contrary , in any wise , notwithstanding . but in the act car. . c. . after the recital of this latter clause , these words follow , and whereas by colour of some words in the aforesaid branch of the said act , whereby commissioners areauthorized to execute their commission , according to the tenor and effect of the king's letters patents , and by letters patents grounded thereupon , the said commissioners have to the great and unsufferable wrong and oppression of the king's subjects , used to fine and imprison them , and to exercise authority not belonging to ecclesiastical jurisdiction restored by that act ; and divers other great mischiefs and inconveniences have also ensued to the king's subjects by occasion of the said branch and commissions issued thereupon , and the executions thereof ; therefore for the repressing and preventing of the aforesaid abuses , mischiefs and inconveniences in time to come , be it enacted by the king 's most excellent majesty and the lords and commons in this present parliament assembled , and by the authority of the same , that the aforesaid branch , clause , article or sentence shall from henceforth be repealed , annulled , revoked , annihilated and made void for ever , any thing in the said act to the contrary , in any wise , notwithstanding . then after a clause relating to ordinary jurisdiction , repealed car. . c. . the act concludes thus , and be it further enacted , that from and after the said first day of august , no new court shall be erected , ordained or appointed within this realm of england or dominion of wales , which shall or may have the live power , jurisdiction or authority as the said high-commission-court now hath or pretendeth to have , but that all and every such letters patents , commissions and grants made or to be made by his majesty , his heirs and successors ; and all powers and authorities granted or pretended , or mentioned to be granted thereby , and all acts , sentences and decrees to be made by virtue or colour thereof , shall be utterly void and of none effect . by the act , car. . c. . this repeal stands good in the first proviso ; and in the second clause , where that which concerns ordinary jurisdictions , is repealed , an exception is put in , in these words , excepting what concerns the high-commission-court , or the new erecting some such like court by commission . the case which arises from hence , is , whether these acts of parliament only take away the power of fining and imprisoning , from any ecclesiastical commission , granted by the king ; so that notwithstanding these repeals , the king may still constitute a commission proceeding by ecclesiastical censures : and for the same ends which are expresly mentioned in the statu te repealed , viz. to exercise , use , occupy and execute all manner of jurisdictions , privileges and preheminences in any wise touching or concerning any spiritual or ecclesiastical jurisdiction within this realm of england , and dominion of wales , and to visit , reform , order , correct and amend all abuses , offences , contempts and enormities whatsoever , which by the spiritual and ecclesiastical laws of this realm , can or may lawfully be reformed , ordered , redressed , corrected , restrained , or amended , to the pleasure of almighty god , the increase of vertue , and the conservation of the peace and unity of this realm . these are the powers of the present commission , and are the same which are mentioned in the act of repeal , car. . c. . only errors , heresies and schisms , being left out . it cannot be denied , that the power of fining and imprisoning , is most expresly taken away , and that is assigned as one reason and occasion of repealing the clause of eliz. . which establishes the court ; but i cannot be satisfied , that this was all that was intended by the act car. . c. . and that for these reasons : . if no more had been intended , then it had been sufficient to have destroyed the letters patents by which the power of fining and imprisoning was granted , without mentioning the act of parliament , which gives no such power . but the act of repeal , car. . c. . begins with the act of parliament : whereas in the parliament holden in the first year of queen eliz. there was an act made and established , &c. in which act , among other things , there is contained one clause , branch , article or sentence , whereby it was enacted to this effect , &c. then follows all the enactin ; clause ; and after it , the abuses of the power , by the letters patents are reckoned up , viz. fining and imprisoning , and other great mischiefs and inconveniences : therefore , for the repressing and preventing of them , not meerly the power to fine and imprison ; but the whole clause , and all things contained in it , are from thenceforth repealed , annulled , revoked , annihilated , and utterly made void for ever . what need all this , if no more were designed than to take away the power of fining and imprisoning ? it is plausibly argued by the lord coke , that the power to fine and imprison , was not agreeable to the design of the act. . because the title of it is , an act restoring to the crown the ancient jurisdiction ; but the ancient jurisdiction ecclesiastical had not a power to fine and imprison , but proceeded only by ecclesiastical censures . . because the power to reform , order and correct all errors , heresies , &c. was to be such as may be lawfully reformed , corrected , restrained , or amended by any manner of spiritual , ecclesiastical power , authority or jurisdiction , which did not extend to fine and imprisonment . . the tenor of the letters patents was to exercise , use and execute all the premises . since therefore the premises go no further than ecclesiastical jurisdiction , the letters patents could give no such power , being in pursuance of the act. but it is agreed , saith he , that before this act no man could be punished by fine and imprisonment by any ecclesiastical power , unless it were by force of some act of parliament . but because the act saith , they are to use and execute all the premises according to the tenor and effect of the letters patents ; others have thought , that the power to fine and imprison , being within the letters patents , the act of parliament did bear them out in pursuing what was in the tenor of them . but in my opinion , this matter ought to be a little further cleared ; and therefore we must distinguish between the original commission , and the supplemental power , added to enforce it . the original commission extended no farther than ecclesiastical jurisdiction , as is plain from tho reading of the statute ; and that of it self could go no further than ecclesiastical censure . but because of the circumstance of that time , when ( as the lord hobart , in a m. s. discourse of the high commission observes ) the persons most concerned did slight the ecclesiastical censures ; therefore it was thought necessary in the letters patents to grant them a new commission to enforce the former , and that extended to fine and imprisonment : for in the high commission for the province of york , ( which is preserved ) distinct powers are granted , which are not in the act. for , whereas the act goes no further than the ecclesiastical jurisdiction , the commission gives them power to proceed after another manner than by ecclesiastical censures ; for the words are , contumaces autem & rebelles , si quos invenerint , tam per censuras ecclesiasticas , quam personarum apprehensionem , & incarcerationem , &c. ac quaecunque alia juris regni nostri remedia compescendum , &c. here we see plainly a conjunction of the power of common law , added to that of the high commission , by virtue of the act of parliament , and so in all probability it was in the letters patents for the high commission in this province , which bore equal date with the former . and although the date of the high commission was before the depriving of the bishops , i eliz. yet i see no ground for my lord coke 's assertion , which the defendant takes for granted , p. . that this commission was first granted for depriving the popish bishops , and that about twenty were deprived by it ; whereas in fact , there were but fourteen deprived , and that for not doing what they had done before in henry the th's time , viz. for refusing to take the oath of supremacy , which they had all taken in the time of h. . and as far as i can learn , they were not deprived by the high commission , but by a particular commission for that purpose ; as appears by the best account we have of it in the historians who lived nearest the time . in the month of july , says stow , the old bishops of england , then living , were called and examined by certain of the queens majesties council , where the bishops of york , ely and london , with others , to the number of thirteen or fourteen for refusing to take the oath touching the queens supremacy and other articles , were deprived from their bishopricks . what he means by the other articles , i know not ; for there seem to be no other at that time , for which they could be deprived by law , but refusing the oath of supremacy ( and so much saunders himself owns ) for the other faults were not punishable with deprivation . the bishops being deprived by a special commission of the council , then saith stow , commissioners were appointed for all england ; for london sir richard sackvile , dr. horn , dr. huick and mr. savage , who called before them divers persons of every parish , and swore them to enquire and present upon certain injunctions . with him hollingshead agrees , only adding that these commissioners were sent according to an act passed and confirmed last parliament . this was the act for the high-commission , which then extended to particular parishes , with such such powers of the common law as are already mentioned , but are not of the essence of the commission according to the act of parliament , and therefore the taking away those additional powers doth not destroy the high commission ; but the repealing the act of parliament , on which it was built , takes away any such court-proceeding by ecclesiastical censures . to make this more plain by a parallel instance ; the court of star-chamber was taken away at the same time the high-commission was , and both determined the same day , car. . aug. . this court was erected for extraordinary civil jurisdiction , as the high commission was for spiritual ; but by the act , car. . c. . it was taken away much in the same manner with the court of high-commission : for there is a recital of the statutes on which it was grounded , hen. . c. . hen. . c. . and then it is alledged , that they had exceeded the bounds which the law had given them , in these words ; but the said judges have not kept themselves to the points limited by the said statute , but have undertaken to punish where no law doth warrant , and to make decrees for things having no such authority , and to inflict heavier punishments , than by any law is warranted . and so , by this very same way of reasoning which the vindicator uses , another court of star-chamber may be set up , if it keeps it self within the bounds of the statutes . but we are not to judge of the force of a law by the particular reason assigned , but by the enacting clause : be it ordained and enacted by the authority of this present parliament , that the said court , commonly called the star-chamber , , and all jurisdictions , power and authority belonging unto , or exercised in the same court , &c. be from the first of august . clearly and absolutely dissolved , taken away and determined . if another star-chamber cannot be set up with some limitations for extraordinary civil jurisdictions , how can another ecclesiastical court for extraordinary spiritual jurisdiction , which is taken away after the same manner ? only the act against the high commission , is more express in the conclusion , against setting up any other court with like power , jurisdiction or authority ; for it was then foreseen , that some other court might be set up , with some alterations ; and to prevent any thing of that nature , the last clause was annexed . . the prohibiting clause , car. . c. . is very considerable to the purpose . for the force of the former act was taken away by the repealing clause ; but that was not thought sufficient to prevent another court rising up , which might be like to it . a court may be like , although not altogether the same : it may be like in jurisdiction , although not in a power to fine and imprison . but the act saith , that no new court shall be erected which shall or may have the like power , jurisdiction , or authority , as the said high-commission now hath , or pretendeth to have ; but that all and every such letters patents made or to be made by his majesty or successors , and all powers and authorities granted , or pretended , or mentioned to be granted thereby , ana all asts , sentences and decrees to be made by vertue or colour thereof , shall be utterly void and of none effect . was all this meant only of such a court as should proceed to fine and imprison ? why was not this set down in as plain a manner as such a law required ? but we are to observe , . it not only voids the letters patents , but declares the constitution of the court it self to be illegal ; but that doth not depend upon the power to fine and imprison . if it had been said , no new court shall be erected with a power to fine and imprison , the matter had been clear ; for a new court might have been erected proceeding by ecclesiastical censures , without a power to fine and imprison . but the act takes no notice here of any such power , but absolutely forbids any court with the like power , jurisdiction or authority . had the high-commission no power , jurisdiction or authority , but only to fine and imprison ? their power and authority by act of parliament was general , to reform abuses , &c. in case there had been no such clause as fining and imprisoning in the letters patents , had there been no court , no power , jurisdiction or authority belonging to it ? if then there be a power , jurisdiction or authority of a high commission court , without a power to fine and imprison , then all such power and authority is taken away by the prohibiting clause . . it forbids the jurisdiction of such a court : but jurisdiction is quite another thing from a power to fine and imprison . jurisdictio , saith bracton , is authoritas judicandi , sive juris dicendi inter partes ; and to the same purpose fleta : they both distinguish two kinds of jurisdiction , ecclesiastical and civil . ecclesiastical , saith bracton , is that which belongs to ecclesiastical causes : which shews , that they looked on ecclesiastical proceedings by censures as part of the ecclesiastical jurisdiction . the first general exception , saith fleta , is against the jurisdiction of a court , which is allowed to be made to those quibus deficit autoritas judicandi . from hence it appears , that the power and authority of medling in ecclesiastical causes , is that which is implied in the jurisdiction of the court ; if it hath no jurisdiction it is no court ; if it have jurisdiction , it is void in law ; for the act of parliament takes away all power , jurisdiction and authority from any such court. . the explanatory act car. . c. . makes this more evident ; for there being a clause inserted car. . c. . which seemed to take away the ordinary jurisdiction of the ecclesiastical courts , it was thought fit to make that act on purpose to clear that matter , by repealing that clause . but that clause being part of the act which took away the high-commission court , lest by such a repeal the act it self should be thought repealed , therefore there is only an exception put in , not barely as to the old high-commission , but as to the new erecting some such like court by commission : and a particular proviso is added , that neither this act , nor any thing herein contained shall extend or be construed to revive or give force to the said branch of the said statute , made in the said first year of the reign of the said late queen elizabeth , mentioned in the said act of parliament , made in the seventeenth year of the reign of the said king charles ; but that the said branch of the said statute made in the said first year of the reign of the said late queen elizabeth , shall stand and be repealed in such sort , as if this act had never been made . now it ought to be considered , that even this parliament doth not fix upon the power to fine and imprison , to take that away ; but upon the original clause in the act , which gave power to erect such a court. and this parliament was zealous to assert the ordinary jurisdiction , and as zealous to prevent any such extraordinary jurisdictions , as was in the high-commission ; which it shewed by continuing the repeal of that power by which it was established . chap. ii. the king's supremacy by common-law enquired into ; coke 's fifth report , de jure regis ecclesiastico , examined . but against this it is pleaded with some appearance of reason , that in caudry 's case the judges resolved , that the act of the first year of the late queen was not introductory of a new law , but declaratory of the old ; and that the king by the ancient law might make such an ecclesiastical commission . and since the act car. . c. . saith , that we are not to abridg or diminish the king's supremacy in ecclesiastical matters and affairs ; therefore we are still to suppose , that the king hath a power by law to appoint such a commission for ecclesiastical matters . this is the substance of what is pleaded for the legality of the court : and since the argument is confined to matter of law , to clear this matter , it will be necessary to give an account of these two things , i. what the ancient law was as to this matter . ii. how far the legal supremacy is abridged by these statutes . i. as to the ancient law in this matter , it 's true that the lord coke , in caudry's case hath endeavoured to prove , that the statute eliz. was not introductory of a new law , but declaratory of the old ; but the instances he produces fall very short of being demonstrative proofs , as he calls them : for the true case is not , ( . ) whether the king ought not to interpose in ecclesiastical matters , so far as the peace and good government of his realm was concerned . nor , ( . ) whether he might not order things which concerned the right of ecclesiastical possessions ; as in bishopricks , commendams , right of patronage , pleas of tiths , &c. nor , ( . ) whether the king , by his supreme authority might not limit the proceedings of ordinary ecclesiastical courts in matters concerning his crown and dignity , by granting prohibitions . nor , ( . ) whether the king by common law cannot grant a commission of review , after the proceedings of the ecclesiastical courts ; which judge hutton affirmed , was all that was determined in caudry 's case . nor , ( . ) whether the king in parliament may not make law ; for reformation of religion and establishing good order therein . nor , ( . ) whether the supreme coactive jurisdiction were not always a right of the crown , however it were in a great measure usurped by the pope after king john 's resignation . but , whether our ancient law doth give the king a power , by virtue of his ecclesiastical jurisdiction , to appoint commissioners by an extraordinary way of jurisdiction to proceed in prima instantia , against persons by ecclesiastical censures ? and to prove this i cannot find one sufficient example , as i shall make appear by a short account of the instances he produces , and the ecclesiastical jurisdiction exercised at that time . in the time of the saxons . in the saxon times he brings first an instance of kenulphus , king of mercia , granting an exemption to the abbot of abingdon : but what does this signifie to ecclesiastical jurisdiction , to prove , that the king gave the abbot an exemption from the temporal jurisdiction of the bishops ? for , in those days there were great disputes between the bishops and abbots about the temporal jurisdiction over the lands of their abbies ; which the bishops claimed , and the abbots refused , and put themselves under the protection of princes and great men , as appears by the councils of cloveshoo and becanceld , in the time of kenulphus . but stamford puts this matter out of dispute in the confirmation of the charter of kenulphus , by edwin , for the words are , quod praefatum monastrium omnis terrenae servitatis esset liberum : and what is this now to ecclesiastical jurisdiction ? but we have manifest proof in the saxon times , that the ecclesiastical jurisdiction was never exercised by such a commission , but that all extraordinary cases were dispatched in parliamentary assemblies , and the ordinary jurisdiction was exercised by the archbishop of canterbury , in chief , and by the rest of the bishops . the first extraordinary instance of proceeding against an ecclesiastical person , in the saxon times , was that of wilfred archbishop of york , who because he would not consent to the making three bishopricks in his province , was deposed by theodore archbishop of canterbury , the king himself being present , and the great council of the nation : for so king alfrith saith , that he was bis à toto anglorum concilio damnatus , as the words are in malmsbury ; and eddius , who lived at that time , saith , that king alfrith gave this reason against restoring him , because he had been condemned by the kings his predecessors , with their council , the archbishop assisting , and himself had judged him , cum omnibus pene britanniae vestrae praesulibus , all the bishops , almost , being present . in the council of nester field , in his case , it is said , the king was present and berthwaldus , archbishop of canterbury , cum totius pene britanniae episcopis . in the council at nid , it is said , sedentibus rege & episcopis , cum principibus eorum in loco synodali ; which was a parliamentary assembly . not long after tunbert was deposed from his bishoprick , but it was , saith florentius wigorniensis , congregata synodo sub praesentia regis egfridi . the archbishop theodore likewise deposed winfred bishop of the mercians , saith the same author , after bede , for some disobedience , and consecrated saxulphus , the first abbot of peterborough , in his place . this winfred had been present at the council at herudford , and there consented to the canons then first received in the english church ; and there they submitted to ecclesiastical censures , upon the violation of them . at this council , saith matt. westminster , were present not only all the bishops , but all the kings and great men of the nation ; so that the first canons were received in a full parliament . one of these canons was for increasing the number of bishopricks , as the number of believers increased : and upon this canon theodore proceeded against both wilfred and winfred : for not long after theodore divided his bishoprick into five ; but it was done , saith florentius , consensu ejusdem regis & principum illius , as ina divided the western province into two bishopricks , synodali decreto , saith mat. westminster , which then was the same , as by act of parliament . and the opposing such a division seems to have been the crime of disobedience , for which he was deprived by the archbishop : for as bede observes of him , he first exercised ecclesiastical jurisdiction over all england . in the great council at be●anceld , where king withred was present , a. d. . with his nobles ( ducibus & satrapis in unum glomeratis ) together with the clergy : he there disowrs any ecclesiastical jurisdiction , and leaves it to the archbishop of canterbury ; metropolitani episcopi est ecclesias dei regere , gubernare , &c. and then follows , presbyteros , diaconos eligere , statuere , sanctificare , firmare & amovere . and he makes this an inviolable law , as far as his words could make it , si quis autem rex post nos levatus in regnum , aut episcopus , aut abbas vel comes , vel ulla potestas hominum contradicat huic chartuae , aut infringere tentaverit , sciat se sequestratum à corpore & sanguine domini , &c. and after it follows , haec lex inviolabilis usque ad consummationem saeculi permaneat , &c. mr. prynn , out of his old kindness to the archbishops of canterbury , in his vast heap of collections , would have this rejected as spurious ; but sir h. spelman , whose judgment was far beyond the others , saith , he had perused five mss. of i● , whereof one was with a mixture of saxon letters , and he had ●o mistrust of its sincerity . and the learned and judicious editors of the decem scriptores , sir roger twisden and mr. selden have thought fit to insert it after them , out of a ms. in ccc . but mr. p. thinks , it is contradicted by the council of berghamstead , about ecclesiastical affairs , under king withred : but i can find nothing like it . it is true , there are laws made concerning ecclesiastical matters , by common consent of the king , the nobles and bishops ; but the very first is ecclesia libera sit fruaturque suis judiciis , &c. but besides , in the great council at clovesho , where aethelbaldus , king of mercia , was present , and cutbert , arch-bishop of canterbury , with the other bishops , this charter of withred's , was read , and approved , and consirmed ; with the like sanction annexed to it . in the council at clovesho , a. c. . the extent of the jurisdiction of the archbishop of canterbury was very much lessened by the means of king offa , who caused another archbishoprick to be set up in mercia , and the archbishop of canterbury gave his consent , saith matt. paris : but his former jurisdiction was restored in the council of clovesho , a. d. . by a general consent . but in the former council the ecclesiastical jurisdiction was strenuously asserted , in these words ; sicut reges omnibus dignitatibus praesunt , ita & episcopi in his quae ad deum attinent . and in the latter , there is a severe denunciation against all that should lessen the honour , or take away the jurisdiction of that see. from henceforward i find no diminution of the archbishop's ordinary jurisdiction through the saxon times . the king had the political supremacy in him , by which he erected and divided bishopricks , and nominated bishops , and summoned councils , and confirmed their proceedings as he saw cause ; but the immediate ecclesiastical jurisdiction was left to the archbishop of canterbury in the first place , and to the rest of the bishops as to any publick acts which related to ecclesiastical affairs , they were not dispatched by particular commissions , but in the parliamentary assemblies ; in which , the custom was , to begin with what related to the church , and then to proceed to other business . of this ingulphus gives us an instance in ceolnothus archbishop of canterbury ; for in the parliament assembled at kingsbury , a. c. . in hebdomada pasch. ( which was chiefly assembled pro regni negotiis ) yet even then , he proposed , that church affairs might be first dispatched ; divina negotia debere primitus proponi ; to which they all assented . and so bertulphus his charter of crowland then passed ; as withlasius his did before , at a time when the bishops and nobles attended the king at london , to consult about the danish pyrates , which very much infested our coasts . thus aethelwolfus passed his famous grant of the tenth of all the lands to the church , in a council at winchester ; himself , and the king● of mercia and east-angles , being present , and all the nobility and bishops giving their free consent ; as ingulphus relates it . several others might be produced ; but these are sufficient . and the saxon laws are a plain evidence , that church-matters were in those times determined in the same assemblies , wherein the other laws of the kingdom were passed . in the reign of king edward the confessor . the next instance is of edward the confessor , who saith in his laws , that he is vicar of the highest king , and he is ordained to this end , that he should govern and rule the people of the land , and above all things , the holy church , and that he defend the same from wrong-doers , and root out workers of mischief . f. parsons saith , all this was by commission from the pope , such as the kings of sicily had . but in my opinion , this is a very bad answer : for it supposes persons otherwise uncapable , to be made capable of the same jurisdiction , which follows orders ; provided they have a delegation from the pope : which is in effect , to confound all ecclesiastical jurisdiction in any , but the pope himself , and those to whom he commits it . but those who assert the right of jurisdiction to follow the power of order , must first suppose a person duly qualified , before he can receive from the pope himself the power of ecclesiastical jurisdiction . if therefore a prince hath not an inherent right to it , he cannot receive it by commission from the pope . and the powers which the king of sicily challenges , relating to ecclesiastical jurisdiction , are either such as other princes have an equal right to ; or else they must imply such proper eclesiastical jurisdiction as follows the power of order ; and then , how can the pope give the one without the other ? such a gift is like an appropriation of a benefice with a cure to a nunnery , which the lord hobart saith is void in law , by reason of the incapacity of the persons . but the supremacy which our law gives , is not any proper immediate spiritual jurisdiction , like that of bishops , but an authoritative and legislative supremacy without any foreign appeals , as will appear afterwards . but the rights which the kings of sicily challenge , are these . . that they have the same powers which legates a latere have , and may judge of the same causes , and proceed in the same manner with ecclesiastical censures . . that no appeal lies from the king's commissioner , even to rome it self ; and it is common to appeal from the censure of the bishop to him . the former is a power , which our kings never pretended to , by vertue of their supremacy ; for it is a delegation of the power of the keys ; which the legates à latere exercise by vertue of their function , as well as their commission : but the legal supremacy with us , is a right to govern all sorts of men by our own laws , without any foreign jurisdiction , and that with respect to ecclesiastical matters as well as temporal . but to prevent mistakes and cavils about this matter , it will be necessary to clear the notion of supremacy ; as it hath been owned and received in the church of england . and for this we have two authentic declarations of it to rely upon . the first is mentioned , eliz. c. . § . . where the supremacy is declared to be taken and expounded in such form as is set forth in the admonition annexed to the queens injunctions published in the first year of her reign . and the words there are , that the queen neither doth nor will challenge any authority , but such as was of ancient time due to the imperial crown of this realm , that is , under god to have the sovereignty and rule over all manner of persons , born within these her realms , dominions and countries , of what estates , either ecclesiastical or temporal soever they be , so as no other foreign power shall or ought to have any superiority over them . the second is in the th article , wherein it is declared , that by the supremacy is meant , that only prerogative which we see to have been always given to all godly princes in holy scriptures by god himself , that is , that they should rule all estates and degrees committed to their charge by god , whether they be ecclesiastical or temporal , and restrain with the civil sword , the stubborn and evil doers . so that granting a commission for proceeding by ecclesiastical censures , is no part of that supremacy which our church owns . and thus the divines of our church have understood it . by the supremacy , saith bishop andrews , we do not attribute to the king the power of the keys , or ecclesiastical censures . r. thompson , in his desence against becanus , saith , the supremacy is not to be defined by ecclesiastical jurisdiction , but by supream government . becanus urged this as an argument against the kings supremacy , that he had no ecclesiastical jurisdiction . dr. burrhil answered , that the supremacy implied many other things ; as , the power of calling convocations , of confirming canons , of giving commissions of delegates , of taking cognizance of the misdemeanors of church-men ( as well as others ; ) but for proper ecclesiastical jurisdiction , he denies it to belong to supremacy . and after , asserts , that the king's supremacy is preserved , if he takes care that those who have the power of ecclesiastical censures , do exercise them ; and not as though it belonged to the supremacy to give an immediate power to proceed by ecclesiastical censures ; which was not supposed to belong to it , but a supreme right of governing all sorts of persons by our laws . the king's supremacy in ecclesiastical matters , doth not , saith , mason , imply the power of the keys , which the king hath not ; but he may command those who have them , to use them rightly . all these wrote in king james i. his reign , when the point of supremacy was throughly sifted on both sides . and the king himself , who very well understood these matters , saith , that the oath of supremacy only extended to the king's power of judicature , over all persons as well civil as ecclesiastical ; excluding all foreign powers and potentates to be judges within his dominions . not as though the king hereby challenged to himself a power of inflicting ecclesiastical censures on persons ; but leaving the spiritual jurisdiction to those who have the power of the keys , it belonged to him to exercise his supreme authority over ecclesiastical persons and causes , as he did over temporal . for , saith archbishop bramhal , our laws never invested the king with any spiritual power or jurisdiction , witness the injunctions of q. eliz. witness the publick articles of our church ; witness the professions of king james ; witness all our statutes themselves . the king of england , saith he , by the fundamental constitution of the monarchy , hath plenary power , without the licence or help , or concurrence of any foreign prelate or potentate , to render final justice , that is , to receive the last appeals of his own subjects , without any fear of any review from rome , or at rome , for all matters ecclesiastical and temporal ; ecclesiastical by his bishops , temporal by his judges . and thus our laws were in the right , when they called the act of supremacy , restoring the rights of the crown ; for if we take away all the papal usurpations as to appeals , exemptions of persons , dispensations , provisions , making canons , sending legates to hold courts , to call convocations , &c. we may easily understand what the supremacy is , viz. a power of governing all sorts of men , according to the laws ecclesiastical and temporal , without any foreign jurisdiction . but as in temporal matters the king 's supreme authority is exercised in his ordinary courts . so likewise in ecclesiastical : which deriving their jurisdiction from the king as supreme , his supremacy is preserved in the ordinary ecclesiastical courts ; but as to extraordinary jurisdiction that deper ds on the legislative power ; and whether that be not now taken away by it , is the thing in question . having endeavoured to set this matter in as clear a light as i could , i now return to the instance of edward the confessor . and those words of his , as they are in hoveden , signifie no more than a general right of protecting and defending the church , which is not denied to belong to kings , where the pope's authority is the most owned . i cannot but take notice of a different reading in the lord cokes copy , from all that i have seen ; for where he hath it , sanctam ecclesiam regat & defendat ; lambard , veneretur & reg●t ; but hoveden , revereatur & ab injuriatoribus defendat : which is that right of protection which is allowed by all . the spanish lawyers hold , that there lies an appeal to the kings courts , by his right of protection , in case of any violent proceedings in the ecclesiastical courts . which violences are so many , as make such appeals so frequent and necessary , that whole volumes have been written about them . and this they say , is not introductory of a new law , but only declaratory of a natural right . the french lawyers allow appeals from the ecclesiastical courts , tanquam ab abusu ; which must be founded on an original right in the king , to defend the church both from injuries and abuses . and as to the church it self , it is fully expressed in the writ de excommunicato capiendo , in these words , quia vero potestas regia sacrosanctae ecclesiae in querelis suis deesse non debet . but such a right of protection and assistance is different from that of jurisdiction ; unless it be that which is only coactive ; which is not the jurisdiction we now enquire into . but it is most considerable that king edward saith , he is god's vicar , and therefore could not look on himself as acting by commission from the pope . it is true , that in the third charter of westminster there is a bull of nicholas the second , wherein he gives to the king and his successors the protection and defence of that place , and of all the churches of england , and a power , in his stead to make good laws , with the advice of the bishops and abbots : but i do not find that king edward owned that he acted in these matters by any commission from the pope , but from god himself : and this law , in hoveden and others overthrows any such pretended commission ; and yet the pope himself doth not give him a power to delegate his authority to others , but to act in it himself , and that only with the advice of bishops and abbots . the point then which was to be proved , was not that the king had a right to protect the church from injuries ; but such an inherent right of ecclesiastical jurisdiction , which he might delegate to others , whether bishops or not , and impower them to proceed by ecclesiastical censures against offenders , summoned to appear before them . and the question now is not , whether by the supreme legislative power of the nation such an authority might not in an extraordinary case be committed to particular persons by act of parliament ; but whether such an act of parliament being granted to be taken away , the king by the ancient law of the realm may appoint such commissioners , as he thinks fit , laymen or bishops , to proceed against the king's subjects by ecclesiastical censures ? and this very stating of the case , as it ought to be , shews how impertinent the remainder of his examples are . but to proceed . in the reign of king william the first . in the time of william the conqueror , he only mentions a case out of fitz-herbert , that he made an appropriation of churches with cure to ecclesiastical persons , viz. to a prebend of the church of york ; now this , saith he , was agreed by all could not be done without ecclesiastical jurisdiction . it is too common a fault in some great lawyers , that what they find once setled for law in their books , they imagine was never otherwise . thus appropriations after diocesses were setled , being looked on , as chiefly the act of the ordinary , who is to take care of the whole diocess ; from hence they infer , that in all times an appropriation must argue ecclesiastical jurisdiction . but before the parochial rights were established , there were many volantary appropriations made by particular persons , who thought there was no more ecclesiastical jurisdiction in the appropriation of churches , than in the endowments of them , and in the right of patronage ; only the one is setled on a spiritual corporation , as perpetual incumbent ; and the other on particular persons in succession . it s true , since the acts for restoring jurisdiction to the crown , the power of making appropriations in the king , is said to be from his supreme ecclesiastical authority , grindon's case , in pl. f. . but then we are told , it was because the pope , as supreme ordinary , had such a power without the bishops ; which reason will not hold as to such times when the pope was not owned to be supreme ordinary , as he was not in the conqueror's time , the canon-law not being then received in england . but what a mean proof is this in such a busie time as that of william the frst , when so many great churchmen were deprived of their bishopricks , being english , and the normans put in their places ? was this done by any commission from william to his great lords and others , to proceed against them by ecclesiastical censures ? nothing like it . stigand , archbishop of canterbury , ( if spot's story be true ) was too great a friend to the english liberties to be endured by him : but he was too great a dissembler to seem to have any thing to do in it himself ; and therefore knowing he was of the opposite party to the prevailing pope , he privatly sends to him , to send a legate for that purpose ( wherein the pope and he had their several ends ) ; and then in parliament time , the king keeping his easter at winchester , stigand was deposed , and agilmarus , bishop of the east angles , and several others , without any evident reason , saith hoveden , but only to make way for the normans : this was in concilio magno , saith he and the rest , for easter was one of the three seasons , for the parliamentary meeting , in the year ; which william kept up , in imitation of the saxons , who at christmas , easter and pentecost held their publick courts , and did wear their crowns till the times of h. . and then they did dispatch publick affairs : thus far he complied with the saxon customs ; but he had a new work to do : the archbishop he could not rely upon , and therefore was put to find out a new way , by sending for a legate from the pope to serve his turn . and thus william , for his own ends , having so hard a game to play here , called in the pope's assistance ; who knew well enough how to draw his own advantage out of it . but william would go no further than his interest carried him ; for afterwards he declared , that he would maintain his own rights , which he enjoyed in normandy , viz. that nothing should be done without him in convocation ; no legate come but as he pleased , &c. but still he seemed to let them enjoy their saxon liberties in matters of ecclesiastical proceedings , so far as to have them debated in parliament . thus the controversie between the two archbishops was referred to parliament , the king and the great men , as well as the bishops being present . the controversie between lanfrank , archbishop of canterbury and odo , bishop of baieux was referred , saith eadmerus , to a conventus principum at pinnedenen ; and when the king heard their resolution , cum consensu omnium principum suorum confirmavit , saith the textus roffensis . he likewise confirmed charters as the saxons had done ; that to battel abby was consilio episcoporum & baronum meorum . but the most considerable thing he did , as to ecclesiastical jurisdiction , was separating the courts ecclesiastical from the hundred courts , by his charter to remigius and others ; which , he saith , was granted in a great council , and by the advice of the archbishops , bishops and all the great men of his kingdom : so that still extraordinary acts relating to church matters were passed in parliament by general consent . and what now doth the appropriation of a church with a cure of souls signifie to prove his ecclesiastical jurisdiction ? when those things in his time were not brought under such strict rules as they were afterwards ; but appropriation might have been made by any lay person , that never pretended to the least ecclesiastical jurisdiction ; and he might as well have brought his demolishing so many churches in the new forest , for an instance of his ecclesiastical jurisdiction . in the reign of william the second . in william rufus his time , a great heat arose between him and anselm archbishop of canterbury , about owning the pope , whether the archbishop could do it without the king's consent ? the business was referred to parliament , which the king called on purpose at rockingham , saith eadmerus , who was there present ; the bishops declared they could not deprive him ( as the king would have had them ) to whom they had promised obedience . after which it was again referred to parliament ; but anselm not yielding , he went out of the land. in the reign of king henry the first . in the reign of henry the first a new controversie arose between the king and the same archbishop , about the ancient right of the crown as to investiture of bishops ; the king calls a parliament about it , wherein the bishops and lords joyned with the king ; afterwards anselm desired , the advice of the bishops and nobles might be heard at easter ; which shews that both sides referred it to the parliament . in his time a council was called , and several canons passed , and the archbishop desired of the king , that the primates regni might sit with them ; that all things might pass utriusque ordinis concordi cura , with the consent of both estates . the king afterwards takes the advantage of these canons , and prosecutes the breakers of them , and raises money upon pretence of forfeitures , to the great grievance of the clergy . anselm although then in disfavour , writes to the king about it ; and tells him , this was a new method of proceeding , because it belonged to the bishops in their diocesses to call the clergy to an account ; or if they neglected , to the archbishop and primate . the king answers , that his barons were to meet him on ascension-day , and by their advice he would give an answer ; but upon anselms return this prosecution ceased . other affairs of the church were then referred to the parliament at easter , from thence to pentecost , and by reason of anselm's sickness to august ; and then the bishops , abbots and lords of the kingdom , met in the king's palace at london , and by consent of parliament , investiture was turned into homage . in his time the bishoprick of ely was erected by the king's consent in parliament , regi , archiepiscopo , caeterisque principibus regni visum fuit , saith eadmerus . the consecration of an elect archbishop of york , was transacted in parliament , the king advising with the bishops and nobles about it ; for anselm , before his death had sent an inhibition to the bishops , not to consecrate him unless he made the profession of obedience to the archbishop of canterbury : the bishops resolved to adhere to anselm's inhibition , and the king yielded . after anselm's death , the king advised with his parliament , at windsor , about a successor to him ; and the bishop of rochester , at the request of the bishops , was agreed upon : and the king filled the abbies before he went into normandy , consisto principum & episcoporum suorum . in the latter end of henry the first many disputes hapned about ecclesiastical jurisdiction , as between the bishops of s. davids and glamorgan which were debated in magno placito apud london , saith henry of huntingdon : and for such causes , saith he , another assembly was held in the beginning of lent , and again in rogation week . in all this time , when the norman kings asserted all the rights of sovereignty with great zeal , yet they never pretended to appoint any commissioners for ecclesiastical causes , but still referred them to parliaments . in the reign of king henry the third . the next instance the lord coke brings , falls as low as the time of henry the third . the first whereof is , the king 's granting a writ of prohibition , if any man sued in the ecclesiastical court for any thing of which by allowance and custom , it had not lawful cognizance . but how doth the king's power of granting prohibitions , prove his ecclesiastical jurisdiction ? it effectually proves the king 's right to preserve his crown and dignity , as the prohibition implies ; but how doth it hence appear that the ecclesiastical jurisdiction comes from his crown and dignity ? the contrary seems rather to follow , viz. that the ecclesiastical courts were held from another power ; but all matters of temporal cognizance did belong to the crown . there is no question but since the acts for restoring jurisdiction to the crown , the supream jurisdsction both in the ecclesiastical and civil courts , is derived from the crown . and in whose-soever names the courts are kept , the authority of keeping them is from the king. for it is declared by act of parliament , eliz. . . that all ecclesiastical power is united and annexed to the imperial crown of this realm ; which all bishops do own , in taking the oath of supremacy ; and therefore the old form continuing , can signifie nothing against the law of this realm and their own oaths . but as long as the main points were secured by the laws , there was no necessity apprehended of altering the forms ; for , on the other side , it was objected , that since the laws had placed all jurisdiction in the crown , it seemed as unreasonable to continue the old form of prohibitions in laesionem coronae & dignitatis regiae ; how can this be , say they , when the jurisdiction ecclesiastical as well as civil , is owned to be from the crown ? it is said in answer , that , a prohibition implies that the thing is drawn into aliud examen than it ought to be , and this is contra coronam & dignitatem regiam . why not then as well when an ecclesiastical original cause , is brought into a temporal court ? for that is aliud examen then , by confession on that side ; and if ecclesiastical jurisdiction be derived from the crown , the aliud examen must relate only to the court , and not to the crown . all that i infer from hence is , that the old forms were thought fit to be continued ; & both parties reconciled them as well as they could to the laws in force . but the judges confessed , that although de jure both the jurisdictions were ever in the crown , yet the one was sometimes usurped by the see of rome , which is a plain acknowledgment , that by the matters of fact in those times , the right could not be proved ; and especially in the times of h. . when the popes usurpations here , were at so great a height , that the king upon writs of enquiry sent into the several counties , found , that the revenues of the roman court , by provisions , extortions , &c. exceeded the kings . and the king had so little authority left , that the pope put bishops upon him rege penitus irrequisito , saith matt. westm. so that he was so far from ecclesiastical jurisdiction , that he had not the nomination of his bishops , nor so much as a consent to their election , unless the pope thought fit sometimes to gratifie him in it . for the pope pretended to the right of disposal of church preferments , by vertue of his ordinary jurisdiction , which was said to be twofold . . voluntary , in the collation of benefices . . judicial , in the hearing of causes ; the former might be done at rome , but the other in the ordinary ecclesiastical courts . and bracton , who was a judge in his time , owns the pope as much to have the ecclesiastical jurisdiction , as the king had the temporal ; but yet he adds , that , if an ecclesiastical judge did meddle with matters out of their cognizance , the king's prohibition did lye against him , and he ought to supersede his proceedings till it were tryed in the king's court , to whom the jurisdiction belonged . but it is still harder to prove the king's ecclesiastical jurisdiction , because the spiritual courts were to certifie the kings courts , in case of bigamy , bastardy , and such like . for the question is not about their temporal subjection to the king in signifying the sentence of the court , but whence they derived their authority of holding the ecclesi astical courts ; over which , bracton saith the pope had the ordinary jurisdiction , & the power to delegate others to execute it . what doth it signifie to the kings ecclesiastical jurisdiction , that the barons of england would not receive that part of the canon law which concerned the legitimation of children born before wedlock ? for it depended upon the barons consent , whether a canon of the church should be made the law of the land concerning the rights of inheritance . in the reign of king edward i. in the time of ed. i. we may expect some brisker sallies towards the kingdoms deliverance from the popes usurpations , which were thought so intolerable even by the monkish historians , in his fathers reign . what that bull was , the bringing whereof the law-books say , was then adjudged treason , it would have been worth our while to have known . for it is hard to imagine that at that time , the meer bringing a bull , should be so capital a crime , when so many were brought without danger both before and after . but it seems by the certificate of the judges concerning it ( still in the tower ) the matter of it was very prejudicial to the crown . and it argues no spiritual jurisdiction for princes to examine and refuse ( when they see cause ) bulls that come from rome . for this is practised in those countries which profess obedience to the popes jurisdiction . covarruvias affirms it of spain . in portugal , when john the second would have given up that right to the pope , the estates of the kingdom would not permit him . peter the second , duke of britain forbad receiving any bull before examination by his council , under pain of corporal punishments and confiscation of goods . ant. faber saith , in savoy , no bulls have authority there , till they are approved by the senate , and an appeal lies from them tanquam ab abusu . even in naples it self , ferdinand the catholick king , gave a severe reprimand to his vice-roy , for not hanging up a person who would have executed a bull without his authority . the letter it self is published in the jus belgarum ; where many other things may be seen to the same purpose . the right of patronage is a civil right in princes as well as others ; and therefore e. . without pretending to ecclesiastical jurisdiction , might justly punish the archbishop of york for his obstinate refusing to admit the kings clerk because of a papal provision . the statute of bigamy might very well be interpreted in parliament , and yet the king have no ecclesiastical jurisdiction . for it was no more than declaring in what sense a law should be taken , i. e. whether it should extend to bigamy before the constitution of the council of lyons , or after . the act of parliament made at carlisle , e. . against aliens possessing benefices , is no more than hath been done in countries where the popes jurisdiction is the most owned . as in spain , covarruvias saith , they have prescription and pragmatical sanctions against aliens possessing benefices . the laws of poland , and many edicts in france exclude strangers . but i shall now produce some considerable precedents in the time of ed. . to shew that the proceedings against the arch-bishops and bishops for misdemeanors or contempts , was in parliament , and not by commissioners ( the inferior clergy being left to the jurisdiction of their ordinaries . ) ed. . e. warren complained to the king , that the archbishop of canterbury had contemned his orders in not taking off excommunication from some of his servants : the king sends to him to proceed no further against the earl or his servants usque ad parliamentum , where the matter of contempt might be debated . but in the mean time the archbishop sends to the king a true account of the matter , and how far he was from contempt ; which is still extant in the records of the tower. e. . john peckam , archbishop of canterbury , was summoned to parliament , to answer to a charge of misdemeanors against him , for some passages in the council at reading ; which he was fain to revoke , and to declare that no articles there passed , should create any prejudice to the crown or kingdom . e. . the archbishop went about to visit the kings free chappels : the king hearing of it , sent a writ to him , to forbear usque ad proximum parliamentum ; ut tunc ex unamini & mutuo consensu provideamus quid fieri debeat in praemissis . e. . john roman , archbishop of york , was attached upon a contempt for excommunicating the bishop of durham , while he was in the king's service . and after a full hearing in pleno parliamento , he was condemned , and upon submission , was fined to the king sour thousand marks . e. . a controversie arose between the king and the bishop of chichester , about his refusing to admit a person presented to a prebend in the free chappel of hastings ; the king sends his writ to the warden of cinque-ports ( extant in the tower among the writs of that time ) to enquire into this matter , and to bring an account next parliament , ad quod praedictum episcopum adjornavimus , are the words of the writ : and that the business was heard in parliament , appears by the records . e . the king seized on the temporalities of the bishop of durham , upon a judgment given against him in parliament , for extending his spiritual jurisdiction too far ; as appears by the record of the concord made between the king and him . in the reign of king edward the second . in the reign of k. e. . nothing is produced but the statute e. . for regulating the proceedings between the civil and ecclesiastical courts . but how the kings ecclesiastical jurisdiction is proved hereby , is hard to understand . it appears indeed that the ecclesiastical jurisdiction is allowed and limited by parliament . but from hence , saith he , it follows that these laws may be called the kings eccclesiastical laws , or the ecclesiastical laws of england . there is no question but they may : but there is a difference between laws , so called by acceptation and allowance ; and such as have their whole force and authority from the king. for otherwise , where the popes jurisdiction is owned and received , the pope must receive his authority from the king. but a liberty to exercise authority , and deriving authority are two things . in the reign of king edward the third . in the time of e. . many things are alledged , and to more purpose ; but yet a short answer will serve . if the first instance doth hold , viz. that the sentence of excommunication by the archbishop , holds against the sentence of the pope or his legate , it only proves that the eccesiastical jurisdiction here by law is in the archbishop , and not in the pope or his legate . but there may be another reason , mentioned by fitz herbert , viz. that the certificate of the archbishop might be more authentick than the seal of a legate . the second , sixth and eighth only prove the king supreme patron ; and a right of patronage is distinct from a right of ecclesiastical jurisdiction ; and so it was resolved in grendon's case , pl. f. . that the king presents by lapse , as supreme patron , and not as supreme ordinary ; for this belongs to him as king , the land on which churches are built being originally held of him : and this right the king enjoyed when the pope was owned to be supreme ordinary : but in the case of his own free chapels fitz-herbert saith right , that in case of lapse by the dean , the king presents as ordinary , the archbishop and bishop having no authority there as ordinaries . the third , fourth and fifth are about exemptions from episcopal jurisdictions granted by the king , especially in his own free chapels , which are only visitable by commission from the king. but this very pretence of exemptions from episcopal jurisdiction was founded upon the belief of the pope's being supreme ordinary ; for exempt places were not supposed to be free from all ordinary jurisdiction , but from that of inferior ordinaries , being immediately subject to the pope . a bishop , by the canon law , may grant an exemption from his right of jurisdiction , but not from his right of visitation , but the pope from both . and in the grant of exemption the immediate subjection to the roman see is expressed . as to the king 's free chapels , their exemption was by an express bull of innocent iii , to king john ; and in the case of the free chapels of s. martins , henry iii granted a prohibition , wherein it is inserted , that it was a free chapel , & ab omni jurisdictione episcopali per sedem apostolicam exempta . and hen. . in a prohibition concerning the free chapel of wolverhampton , the grant of innocent iii , is repeated . the right to extra-parochial tithes is provisional , and not by way of inheritance , and so it may belong to the king , although he have no ecclesiastical jurisdiction . as to the severe proceeding about bulls from rome , i have given an account of that already in e. . the anointing of kings proves no more their capacity of spiritual jurisdiction , than it proves the kings of israel to have been high priests . there is no doubt the ecclesiastical courts may be limited by the laws of the land ; and there are some causes which belong to them not originally of a spiritual nature ; but they have been a long time possessed of them by custom , and are allowed by law ; which is well expressed in hen. . c. . where it is said , that all causes testamentary , causes of matrimony and divorces , rights of tithes , oblations and obventions ( the knowledge whereof , by the goodness of princes of this realm , and by the laws and customs of the same , appertaineth to the spiritual jurisdiction of this realm ) shall be determined within the kings jurisdiction and authority . it doth not seem probable , that the king by his own authority would remove secular canons , and put in regular ; when hoveden saith , in the same case , h. . did it by the pope's authority , and with the free consent of the parties . the statutes of provisors were excellent statutes ; but are said to be enacted for the good and tranquility of the realm , which no doubt the king and his parliament were bound to take care of . but they prove no more ecclesiastical jurisdiction than the pragmatick sanctions of lewis ix , and charles vii , in france did ; which were of the same nature . the following instances in other reigns , are many of them of the same kind with those already answered ; but what seems to have any new force shall be considered . in the reign of king henry the fourth . h. . c. . is urged to prove , that the king , by consent of his parliament , did direct the proceedings of the spiritual courts in cases of heresie and other matters more spiritual ; but it is evident by the act it self , that the spiritual jurisdiction was left wholly to the ordinaries , and only an inforcement of it by the civil power was added by the law then made , for the words are , whereas the diocesans of the said realm , cannot by their jurisdiction spiritual , without aid of the said royal majesty sufficiently correct , &c. therefore a power to imprison and fine was given to the ordinaries ; who might before have proceeded by ecclesiastical censures ; but these being contemned by them , the ordinaries called in the assistance of the civil power . if there had been a power before to have proceeded against hereticks by common law , when convict by their ordinaries , i cannot see any reason why that law should be made . in case of apostacy , i. e. renouncing christianity , bracton saith , the person convict is to be burned , and he instanceth in the deacon who turned jew , in the council of oxford : and fleta speaks only of apostates , whether clerks or others , and those are the miscreants in briton ; and in horn , heresie was then the same with renouncing baptism , or turning jew or turk , or using sorcery ; but after wickliff's time the ordinaries inlarged the notion of heresie , and took upon themselves to be sole judges in it ; and for all that i can see , the act h. . owns this to be part of their spiritual jurisdiction . and this is one reason alledged for the repeal of this act , h. . c. . because there is no declaration of heresie made in it , but it is left to the judgment of the ordinary : and therefore this act was ill thought upon , to prove the king 's ecclesiastical jurisdiction . in henry the seventh's time the king is said to be persona mixta , because he hath both ecclesiastical and temporal jurisdiction . but this argument is drawn only from some occasional talk , mentioned in the year books , hen. . . brian said , that a sage doctor of law said one time to him , that priests might be tried at common law , car il dit quod rex est persona mixta , car est persona unita cum sacerdotibus saint eglyse : if all this be granted , it proves no more than that the king hath jurisdiction by his law over ecclesiastical persons ; which is not disputed . chap. iii. whether the king's supremacy by law extends to the dispensing with laws : of the nature and original of the power ; the inconsistency of such a dispensing power with the frame of our government . having thus far proceeded in clearing the ancient legal supremacy , i am now come to an instance of greater weight and difficulty ; and which will therefore require more pains and care in the examination of it , viz. h. . . by the ecclesiastical laws allowed with in this realm , a priest cannot have two benefices , nor a bastard can be a priest ; but the king may by his ecclesiastical power and jurisdiction dispense with both these , because they be mala prohibita , and not mala per se. here we are to enquire into these things , ( . ) how far the king's power and jurisdiction did extend in the cases mentioned . ( . ) how far the reason here given will justifie a power of dispensing with laws . ( . ) as to the cases here mentioned ; there is no doubt but the canonists made the power of dispensing in these to be an argument of the pope's supremacy , or the plenitude of his power : but doth it hence follow , that what princes did to their own subjects , as to the qualifying them for a legal possession of benefices , must argue a supremacy in them over ecclesiastical persons and causes ? and there is a difference to be made between not receiving the pope's canons in particular cases ; and a power of dispensing with ecclesiastical laws . if the law were so then , as is noted by fineax , in h. . . the plain consequence is , that the contrary were no part of the ecclesiastical laws , allowed within this realm . as in the famous case about the canon law concerning bastardy , when the barons said , noluleges angliae mutari ; no man can say , that the barons dispensed with the pope's ecclesiastical laws ; but that they refused to execute them ; for , as it is well observed in standish's case , in kelway's reports , h. . ecclesiastical laws have no force , where the general practice hath been contrary . if this were no more than a private opinion of fineux , of what he thought the king might do , although there were no precedent for it , then it signifies little ; but if from hence it appears , what the common law of england was ; then it follows , that this was not received at that time for the ecclesiastical law of this kingdom . and so hobart , in colt and glover's case understands it , f. . for he produces this as an instance , that the crown always kept a possession of its natural power : and to this he adds a power of commendam or retaining a benefice with a bishoprick , h. . . this he calls a power of dispensation in spiritualibus : but with submission to two such great men in the law , if the crown always kept a possession of these rights , there could be no dispensation with the ecclesiastical law in these matters , but an exclusion of it . as for instance , the kings of france do challenge many priviledges to themselves in their kingdoms , in plain derogation to the canon law ; and for these priviledges they plead an ancient right of the crown , or an immemorial custom : as in the great controversic of late years , about the regale , the canon law is express , that upon pain of excommunication , no lay person what soever shall presume to meddle with the profits of vacant bishopricks ; which was decreed by two popes in several councils , urban ii , in a council at awergn , mxcv , and innocent ii , in . lateran council mc xxxix ; both entred in the body of the canon law : and yet the kings of france insist to this day on the rights of vacant sees , as belonging to them . but can this be pleaded as a dispensing with the ecclesiastical laws allowed in that realm ? no , but that this part of the ecclesiastical law was not received there ; for that , partly by the feudal right , partly by the right of the crown , partly by immemortal custom , the profits of vacant bishopricks accrue to the king. it is a harder point to defend the regale , where the custom hath gone along with the canon ; but if the rights of the crown be defended in france against custom and canon too , our kings cannot be blamed for resuming other rights after so long usurpation by the popes . but where the canon law was not received in any part of it , there it hath no force to oblige ; and where there is no ecclesiastical law in force , there can be no dispensing with it ; for although the later canon law , doth void all customs against the liberties and priviledges of the church , non debet in hac parte canonibus , ex aliqua consuetudine praejudi●ium generari : yet when these canonists come to explain it , they tell us , that an immemorial custom hath force against a canon ; but how ? not as a custom , but as it is a proof of an ancient priviledge granted by the pope ; although there be not the least ●ootsteps of it : and so this instance of h. . will prove , according to this way , only some ancient priviledge our kings had , and no ecclesiastical jurisdiction by the right of the crown . but whether the king could dispense with the ecclesiastical laws in these cases , or not , it is certain the pope challenged to himself the power of doing it . for , after that the third council of lateran liad strictly forhidden pluralities ( which were then so common and scandalous ) upon pain of forfeiture , innocent the third complained in the fourth lateran , that he saw little or no benesit come by that severe canon ; and therefore he seems to make one more severe : that whosoever takes another benefice , shall be deprived of the former ipso jure ; and if he seeks to keep it , to lose the other . yet after all , this ends only in the popes power to dispense as he saw cause , with persons of greater rank or merit , and greater preferments . the words are , circa sublimes tamen & literatas personas , quae majoribus beneficiis sunt honorandae , cum ratio pustulaverit , per sedem apostolicam poterit dispensari . here the dispensing power is fairly owned in the canon it self . and in the other case , of the incapacity of priesthood by illegitimation ; the same stout pope declares , that it was in his power to dispense with that too . the case was this ; the church of worcester , upon the vacancy of the see , had chosen the arch-deacon of york for their bishop ; he comes to the arch-bishop of canterbury for confirmation ; but secretly confesses to him his illegitimacy ; ( which came to the popes ear. ) upon application to the pope for his confirmation , he demurs upon it . he could not deny that he had all other qualifications : but there was a canon of the former lateran council , which voided the election of all persons illegitimate . so then the business is at an end . not so neither . his predecessor could not hinder him from dispensing in this case ; who had equal power with himself . and there were many reasons to induce him to grant him a dispensation . why then did he not give one ? there was something else to be done first . the dispensing power must be owned by the church of worcester : and therefore they must first intreat the pope to dispense with him , by a humble supplication ; and then expect his favour by postulation . and so , for the present he voids his election . matt. paris takes particular notice , that in the publication of the decretals by gregory . this power of dispensing in these two cases , was looked on as a great innovation ; but such as brought great advantages to the court of rome . and the same pope , saith matt. westminster , voided the election of john bloud to the see of canterbury , because he had enjoyed two benefices with cure of souls , without a dispensation . and stephanus de segrave obtained , he saith , of that popes nuncio here , a dispensation of tot quot ; but it came to nothing by his sons death . here we see a power of dispensing with ecclesiastical laws , publickly owned and entred in the body of the canon-law ; and that by virtue of the plenitude of the popes power , which could not be bounded by the canons of the church , nor by the laws of his predecessors ; nor by the solemn profession every pope makes at his entrance , to preserve inviolably the canons and constitutions of his predecessors . this made so great an alteration in the state of the church , that it is no wonder great complaints were made of it ; considering that the consequence of such a power , could be nothing less than a subversion of all orders , and canons , and privileges ; for there could be no security of any of them any longer than it consisted with the popes pleasure . hence came all the complaints of non-obstante's , by the whole english nation in parliament , that by their means oaths , customs , charters , grants , privileges signified nothing ; for the pope could dispense with his own oaths and promises , as well as other mens ; and so there could be no trust in any thing he said or promised in never so solemn a manner . which is an effectual course to overthrow any government in the world . and it is a wonder , that after such gross and avowed violations of the most solemn engagements , mankind did not renounce all kind of society with him : for that is founded upon trust in compacts and promises ; and if those may be dissolved at pleasure , there is no foundation of mutual society left ; there being no reason to expect the performance of that from others , which they do not think them selves obliged to do . and so such a power of dispensing with obligations , naturally tends to a dissolution of government . for it is sinking the main pillars on which the whole fabrick stands ; which will tumble down sooner or later upon the heads of those who do it . but the great argument then was , that supreme power cannot be bound ; and therefore the popes pleaded , whatsoever canons or laws their predecessors made , they could not tie up them ; because par in parem non habet imperium : so we find innocent . argued in the canon-law . and to the same purpose matt. paris saith , that his successor inneocnt . did . but they did not attend to their own professions , still extant in the liber diurnus , wherein they did declare in the most solemn manner , that they would maintain the canons and constitutions of their predecessors . which was an absolute bar to all non-obstante's , if they acted upon principles of common honesty among men. but besides this , in privileges granted to others upon valuable considerations ( which the popes took care of ) the persons to whom they are granted , become parties , and have a real interest in them ; so that they become of the nature of contracts ; which cannot be broken without plain injustice , and dissolving that obligation between them . it is agreed by the most learned and judicious lawyers , that when grants or promises do pass into the nature of contracts , they are irrevocable by the parties that made them . and this the best french canonists do plead against the popes power of revoking the gallican liberties , supposing them at first to have come from the popes condescensions to them . and the same reason will hold as to other liberties . but here lies the main difficulty , to shew , when the grants that are made by superiors , do pass into the nature of contracts ; so that they cannot be revoked or dispensed with . the short of it is , when they are rather capitulations than laws . for laws are properly the commands of those who have authority to oblige ; and the reason of the obligation is drawn from the authority of the persons : but capitulations proceed upon consent of parties having differing interests ; and these among private persons , are called contracts ; and no one questions , but that such all men are by natural justice bound to perform . but the popes insisted on the plenitude of their power ; and a question is put among the canonists , and variously debated : whether if the pope swear to some things in the conclave , as that he will hold a general council within such a time , he can dispense with himself , or not ? some say , he is guilty of perjury , and cannot absolve himself , although he should apprehend that a greater good would come by not keeping it . for that both pope and emperor are bound by their own contracts ; the keeping of them being a part of natural justice : which no plenitude of power can dispense with ; since all contracts giva a right to the persons with whom they are made ; insomuch that baldus his authority is cited by them for these words , contractus qui fiunt cum principe , habent naturam bonae fidei contra dominum ; and he goes so far as to say , that the sovereign power is so obliged by the contracts made by princes with their own subjects , that they are not revocable by themselves or their successors : and if they were not obliged by their own contracts , no man could trust them ; and consequently all society with them , would be dissolved . and whatever supreme power may do as to such acts as are properly its own , yet where there is jus quaesitum alteri ( as in all contracts there is ) that cannot be taken away by it . but all this was answered on the other side , by the plenitude of the popes power ; for it was a contradiction , they said , to own that , and to say , that there was any engagement by oath , or otherwise , which he could not dispense with . for , as hank . h. . . says , papa omnia potest . and therefore all such oaths and promises as limit the popes dispensing power , are void in themselves . and as to ecclesiastical laws or constitutions , they easily resolved all difficulties about them , upon such principles as these . . that the popes have the supreme power in the church . . that the ecclesiastical laws were the popes laws . . that it is an inseparable prerogative in the pope to dispense with ecclesiastical laws upon necessity and urgent occasions . . that the pope is the sole judge of that necessity . . that this was not a trust given to the pope by councils or conclaves , but by god and st. peter , and therefore cannot be taken away from her . but i shall endeavour to give a clearer light into this matter , by shewing the several steps and degrees how this dispensing power came into the world , and how it passed from the ecclesiastical to other laws , when princes assumed such a plenitude of power in civils , which the popes practised in ecclesiasticals . the first time we read of dispensations was with respect to the ancient canons of the church ; and it implied a relaxation of the rigour of them ; not with respect to their force or binding power , but as to the penance which persons were to undergo for the violation of them . and herein the notion of dispensing was very different from what the canonists made it afterwards , when they declared it to be a relaxation of the law it self ; so that it should not have that force upon the conscience which it otherwise had : for , a dispensation with them , is a licence to do that which they cannot lawfully do without it ; and that with a non-obstante to that which otherwise makes it unlawful . de jure illicitum fit ex dispensatione licitum , & hic est proprie effectus dispensationis , saith pyrrhus corradus ; who gives a large account of the practice of dispensations in the court of rome , which conclude with a non-obstante to any former constitutions or canons of councils : but no such thing can be found in the ancient practice of the church , because the popes themselves were then believed to be under the canons . but when it was supposed , that the severe execution of the canons would rather hinder than advance the good of the church , the governours of it thought they had sufficient authority to abate the rigorous execution of them : as about the times of penance , the translation of bishops from one see to another , the intervals of orders , and such like . but the popes then pretended to be strict observers of the canons , when the particular bishops took upon them to dispense with the execution of them ; as appears by ivo's preface to his collection of canons , where he distinguisheth the immoveable or moral precepts from the canonical ; which he calls , moveable . in the former , saith he , no dispensation is to be allowed ; but in those things which only concern discipline , the bishops may dispense , provided there be a compensation , i. e. that the church's interest may be better secured or advanced thereby , as he there discourses at large ; and his rule is , ibi dispensatio admittenda est , ubi rigor periculosus est : but by this means the severity of the primitive discipline was quite lost . the bishops of rome observing this , thought it a proper time for them to appear zealous for the ancient canons , which gained them a great reputation in the world ; and by this means the custody of the canons was looked on as their particular province : which they improved so well , that at last they turned the guardianship of the canons into a power over them ; and then they found fault with the bishops dispensing with them , for another reason , viz. because the dispensing power was a prerogative of the roman see , and inferior bishops could act no farther in it than they had authority from it . we find that in s. bernard's time , the pope did take upon him to dispense too far , to his great dissatisfaction ; for by his dispensing power , he saith , he overthrew the order of the church ; murmur loquor , saith he , & querimoniam ecclesiarum . the pope dispensed with the ecclesiastical laws , in exemptions of abbots and others from that subordination , they stood in to their proper superiors : he saith , he could not see how this dispensing power could be justified : you do indeed shew a plenitude of power , but it may be not of justice ; you shew what you can do , but it is a question whether you ought or not ; and you ought to consider , first , whether it be lawful ; then whether it be decent ; and lastly , whether it be expedient . at last , he allows a dispensing power in two cases , urgent necessity , and common good ; otherwise he saith , it is not fidelis dispensatio , sed crudelis dissipatio , an overthrow of all order and government . in one of his epistles he speaks sharply against getting a dispensation to do that which it was not lawful to do without one : and he thinks he hath disproved it by invincible reason , for a licence from the pope can never make that lawful , which without it were unlawful . when the practice of the dispensing power grew more common , there were two great questions raised concerning it ; whether if a dispensation were granted without just cause , it were lawful or not ? and , whether if it were not lawful , yet it was valid ? there were some who flattered the dispensing power so much , that they allowed it in all cases , whether there were a just cause or not : these were the high-flown canonists , who resolved all laws into will and pleasure : but others , who allowed a dispensing power upon a just cause , yet thought it repugnant to the original design of government , for those who are entrusted with care of the laws , to dispense with them , without such a cause as answers the end of government : and some went so far , as to deny any validity in a dispensation granted upon pleasure ; for as an unjust law hath no force , so , said they , an unjust dispensation of a good law hath none . upon this point two great schoolmen differ . suarez , whom the lord chief justice vaughan commends for his learning in this matter , goes upon these grounds , . that a prince is not dominus , sed dispensator legum ; although the force of a law depends upon his authority ; and therefore in dispensing with a law he doth not act by absolute power , but by administration : for he is not lord over the community , but governour . . that for him to dispense in a law made for the community , without a just cause , is not only malum quia prohibitum , sed ex se , & ex natura rei & semper malum : therefore suarez was far from thinking a prince might dispense with any thing that was not malum in se ; for he makes it to be so , for him to dispense with a malum quia prohibitum , if it be prohibited by a law made for a publick good , and there be no just cause for it . . that although a prince sins in dispensing with such a law ; yet his dispensation holds as to the force of the law ; which he supposes to depend on the will of the prince , and therefore his will being altered , the obligation ceaseth as to the persons dispensed with . . that although such a dispensation holds as to the law , yet he thinks a prince bound in conscience to revoke such a dispensation , because it is unlawful for him to persist in such a will , it being repugnant to the common good , and the obligation of his duty . . that if such a dispensation be to the injury of a third person , then it is void in it self , as being repugnant to justice . vasquez saith , they are all agreed , that no prince hath a power to dispense with his laws according to his pleasure ; or because they are his laws : but he saith , there is a dispute , whether an unlawful dispensation be valid or not ? and he thinks not , and that a man's action after the dispensation , is as faulty as if there had been none ; his reason is , because a prince is bound by his own laws , so that he cannot dispense with himself as to the obligation of them ; for , if he could at pleasure dispense with himself , he could never be bound ; for how can a man be bound to keep a law , in which he can dispense with himself when he pleases ? and if he cannot dispense with himself , much less with any under him . having thus endeavoured to clear the nature and original of the dispensing power ; i now come ( . ) to the reason assigned by sir e. coke , from the year books , why the king may dispense with laws , because they be mala prohibita and not mala per se. my lord vaughan said right concerning it , that this rule hath more confounded men's judgments on this subject than rectified them : which i shall make appear by shewing , i. that it alters the frame of our government . ii. that it takes away all security by law. iii. that it contradicts the sense of our nation in former ages . iv. that the rule is contrary to the precedents in law. i. that it alters the frame of our government . for it goes upon a very false ground , viz. that the king may dispense with any thing which is not evil in its own nature , or antecedently to any human laws ; which is to suppose the whole legislative power to be lodged in the person of the king : for , all who understand these matters , do agree , that a power to dispense with laws , is the same with a power to make them . dispensare , hoc est , lege solvere is solus potest , qui ferendae abrogandaeque leg is potestatem habet ; saith h. grotius . suarez saith , he hath the power of dispensing , qui legem tulit , quia ab ejus voluntate & potentia pendet . vasquez , that the dispensing power lies in him , qui habet potestatem condendi & abrogandi legem . pufendorf , that none can dispense with a law , but such as have the power of making it . but we need no authorities in this matter : for to dispense ( in the sense it is here taken ) is to take away the obligation of a law ; and whoever takes it away must have the power of laying it on : and there is no difference between the dispensation with a law , and the abrogation of it ; but that a dispensation is an abrogation of it to particular persons , while others are under the force of it ; and an abrogation is a general dispensation , that being no more than a relaxation of the whole law , to those persons who were bound by it before : but if a part of the law be taken away , as to the whole community , then it is called a derogation of it ; but if the law be relaxed only for a limited time and under certain conditions , then it is not an abrogation , but an indulgence or suspension of the law. to dispense with a law is more than to give an equitable sense or a favourable interpretation of a law ; for he that inteprets a law , supposes his interpretation to agree with the sense and design of the law ; he that dispenses , owns that which he dispenses with , to be against the intention of the law , but that he hath power to take away the force of it , so far as he thinks fit . he that saith , thou shalt not kill , doth not reach to legal executioners of justice , interprets the law according to reason and equity : but when god said to abraham , go and sacrifice thy son , he must be supposed , by virtue of his supreme authority , to dispense with the law in his case , so as to make that lawful upon his command , which would not have been so without it . some will not allow this to be called a dispensation , but an alteration of the matter of the law ; but when that alteration comes from the authority of the law makers , it is the same ; so that to interpret a law is an act of discretion and judgment ; but to dispense with it , of authority and jurisdiction . and none can therefore dispense in the law of god , but he that made it ; all that the wisest and greatest men can justly pretend to , is no more than to give the true sense of it ; and it is intolerable prsumption for any creature to pretend to more . an equitable sense , as to human law , is not always that which seems to be most favourable to those who go against the letter of it ; but that which most enforces the end and design of the law , although it be not comprehended in the words of it . if a law mentions a crime of a lesser nature , in regard of circumstances , and in regard of those circumstances , promises some favour , ( as benefit of the clergy ) it can be no equitable sense to extend it to such acts which have worse circumstances , because the ground of the favour was the extenuation of the fact by the circumstances ; so that the chief rule of equity in the interpretation of a law , is to attend to the intention and design of it , more than to the bare words . the intention and design of the law is not to be measured by particular and accidental cases , wherein some inconveniencies are to be born , but by the publick and general good , which more than makes amends for them ; which is the reason of that maxim , better a mischief than an inconvenience ; which is false , unless taken in such an equitable sense . there are certain ways of reason , which mankind do allow in the equitable interpretation of laws , as that no positive law must be interpreted against natural and divine laws : that if laws contradict each other , one or the other must lose its force : that no case which overthrows a law by necessary consequence , was ever intended to be allowed by it ; for that were to make a law , and to give a liberty to break it at the same time. if a law be designed for a publick good , and an exception be afterwards made against it , as to the incapacity of some persons , by it , for publick service , which could not but be foreseen and considered at the time of making the law , there is no reason that should be alledged as a reason for dispensing with the law , which was intended at first by the law : for however the case may be put , as to such things which could not be foreseen , at the making of a law , yet what was intended to be prevented by the making it , cannot in reason be alledged against it : because if there had not been other things to have over-ballanced that inconvenience the law had never been passed . there is no doubt but the same power which makes a law , may dispense with it , if it sees cause ; for if it can abrogate a law , as to the whole community , it may as well dispense with it , as to particular persons , and leave it in force to all others . the question then is , whether a prince assuming to himself a dispensing power , doth not thereby assume the legislative too ? since it appears , that there can be no power to take off the obligation of a law , but that which causes it ; although it be with respect to particular persons ; but if it amount to a general suspension of a law , there can be no question to those who understand what these things mean. our present business was to shew , that if the king can dispense with mala prohibita , as such , the legislative power must be resolved into him ; because a dispensing power can be refer'd to no other : and if the king may dispense with all mala prohibita , he may dispense with all just human laws . for no law can be just , which requires malum in se ; and therefore such a law being void of it self , there can be no exercise of a dispensing power , but concerning mala prohibita . and if the king can therefore dispense , because they are only prohibited , then from a parity of reason he may dispense with all laws that concern only such things ; and we cannot be secure of any laws , but such as forbid things that are evil in themselves . ii. and this is my second reason against it , that it takes away all security by our laws , both as to our religion and liberties . . as to our religion : i grant , that , to take away all religion , is malum in se ; to take away the true religion , is malum in se ; but in a nation divided about the true religion , and where the prince is of one opinion , and the main body of the nation of another concerning it , what security can the people by this rule have as to the enjoying that which they account the true religion , but the prince doth not ? the utmost we can suppose in this case , is , for such laws to be made , as they apprehend to be most effectual for this purpose . but what security can these laws afford , if the prince assume a power of dispensing with ecclesiastical laws ? it is not possible they can have any , unless they can be secure he shall never exercise this dispensing power ; for by it , he may equally suspend all laws which relate to it ; he may give a dispensation to such as are unqualified by our laws , and put them not only into places of authority and trust , but into all ecclesiastical preferments , as soon as he thinks fit ; and that without any check upon his conscience ; because those whose office it is to interpret the laws , tell him , he hath such a power by law to dispense with ecclesiastical laws , although passed in the solemnest manner , and with a design to give security to the people concerning the preserving their religion . and the higher this point is carried , still the less security for , if it be thought such a prerogative of the crown , as voids all that is made against it , then laws signifie just nothing : for , every law is a limitation of unbounded will and power ; and therefore laws afford no manner of security ; for either they are void of themselves , or may be made void when a sovereign prince pleases . and i think ( as men are ) meer will and pleasure will never be taken for an infallible security . but it may be said , that taking away the true religion , is malum in se ; and therefore by this rule such laws cannot be dispensed with . very true ; we think so : but suppose a king of another opinion ; and that he should think it good service to destroy heresie and schism , and those are mala in se ; what security can there be then from this rule ? for the same persons who assert the dispensing power , make the king to be judge , not meerly of the necessity and urgent occasions , but of what is malum in se , and what not ? suppose then , he should look on our religion as heresie and schism , what possible security can this distinction afford us ? . as to our civil liberties ; which are founded upon our laws , made by the consent of king and people . but if there be such an inseparable prerogative in the crown , as enables the king to dispense with all mala prohibita , what becomes of all the ancient charters of liberties ? for , no one can pretend that the contrary to them all are mala in se. and if there be no farther security , than what this distinction affords , we are in a very precaridus condition , as to all our liberties . i confess the case is different , as to the ecclesiastical laws , mentioned in h. . . and as to our civil liberties : because these ecclesiastical laws had their force as such from a foreign power ; and as far as they were the laws of the kingdom , it was by a tacit consent and acceptation ; and not by any solemn enacting of them . and as to such as these , where the laws were not received , and the things were no farther evil , than as they were prohibited by such a foregin power , there is nothing but what is reasonable in the case of h. . . as it is in the books . but when this hath been extended to laws which have passed in the most solemn manner by the king in parliament ; it is time not only to take notice of , but to set forth the mischievous consequences of this distinction , as it is so applied ; for it leaves us under no manner of security by our laws . . it contradicts the sense of our own nation in former ages . which i shall shew in a remarkable instance , about the statutes of provisors , e. . e. . r. . which were prohibitory statutes . and it cannot be supposed that at that time , when the pope was allowed to be head of the church , and consequently supreme patron of the benefices of it , that the acceptance of a title to an ecclesiastical benefice from him , should be thought malum in se. but these statutes being in force , i shall make it appear that the king did own he had no power to dispense with them , but as the parliament thought fit to allow it . i begin with r. at a time , when the kingdom was in quiet ; and however , could not be in any disturbance on the account of the statute of provisors , which the nation desired and only those who depended on the court of rome opposed . but the court-bishops suggested that it was for the kings interest in dealing with the court of rome , to have a power to relax and to dispense with these statutes as he saw cause . therefore the arch-bishop of york , then chancellor , proposed it in the opening of the parliament , as one of the things for which it was called , viz. to find out a temperament in that matter , so as the pope might not lose his right , nor the king his . after this matter was debated , the commons declare their assent en plein parliament , that without prejudice to the rights of those who were in possession by virtue of the statute , the king by the advice and consent of the lords , might dispense with the said statute , so as should seem reasonable and useful till the next parliament , but so as the said statute be repealed in no article of it . and they reserve to themselves the liberty of disagreeing the next parliament . and they conclude with a solemn protestation , that this was a novelty not practised before , and ought not to be drawn into an example and precedent for the future ; and they desire this protestation might be entred and recorded in the rolls of parliament ; which the king commanded to be done . doth this now look like a declaratory act , and made in affirmance of the kings dispensing power ? it might as well be said , that an act for restraining the prerogative , is made in affirmance of it . it is true , there is a dispensing power granted , but with such restrictions and limitations as shew , that such a power was not then thought to be inherent in the crown . for , . why should it be proposed to the parliament to grant it , if the king had it before ? did the king ever put it to the parliament to grant him a power to pardon malefactors ? but in the case of dispensing with a law , it was not only proposed but assigned , as one reason of calling the parliament . . why till the next parliament , if it were owned to be an inherent right of the crown ? would the parliament go about to bound and limit an inseparable prerogative in such a manner ? . why is it called a novelty , and a thing not to be drawn into example ? was ever any thing like this said of a declaratory act ? the natural consequence whereof is just contrary ; that whereas some just right of the crown hath been contested and denied , for the future it ought to be owned and submitted to by all persons . it is hard to think of words more inconsistent with a meer declaratory act than those , ne soit trait en ensample nen consequence en temps avenir . . if this were a declaratory act , what need it be repeated so often in parliament afterwards ? were the commons so forgetful of the kings prerogative , as to need making so many declaratory acts about the same thing ? yet thus we find it about this dispensing power , as to the statutes of provisors . for r. . the archbishop of york again declared in the opening of the parliament , that one cause of calling it , was to settle this matter about provisors . and the commons again yielded , the king should have such a power to moderate it , as he should with his council judge expedient ; but so as it be all laid open before the next parliament , that they might upon good advice agree to it . r. . tydeman , abbot of beauley , was by the popes provision , made bishop of landaff . but the king , notwithstanding the former proceedings , did not take upon him to dispense with the statute , but left it to the parliament ; and his dispensation was passed by act of parliament , the king , lords and commons assenting thereto . r. . the commons in parliament do again assert de bon gre de leur parte en plein parlement , that the king with his council may dispense with the statute of provisors , as shall seem fit , so as the same be heard and examined the next parliament , and so corrected as shall be thought convenient by the king , with the advice of his council in parliament . h. . the commons in like manner give their assent , that the king should have the same power of dispensing with the statute , which his predecessors had , and to repeal and annul it , as should seem expedient to him . which was no more than a general dispensation . yet notwithstanding this was recorded in parliament . h. . the commons appearing before the king and the lords , it was declared , that the dispensation should not extend to cardinals or other strangers . at the same parliament a petition was presented to the king , that if any one did accept a benefice by papal provision , against the statute , and had his pardon from the king for it ; yet if he went about to disturb the present possessor , by virtue of his provision , then his pardon should be void , and he should incur the penalty of the statute . to which the king gave his assent . h. . the king having granted particular licenses for dispensations as to this statute , and finding the great inconveniences which came by them , he generally and universally revovoked them , and promised in parliament to find out some proper remedy in this matter . h. . the king was moved in parliament to confirm that revocation ; but he then took time to consider . but h. . c. . the king reinforced in parliament all the statutes against provisors ; as it is in print . h. . the commons pray , that the statutes may stand in full force against provisors ; and that no protection or grant made by the king to hinder the execution of the said statutes , shall be allowable , or of any force ; and whatever is done contrary to them , shall be null . the answer is , let the statutes be observed and kept . but if the statutes were to be strictly observed , what saving can there be to the king's prerogative ? since the statutes were universal , and the king 's particular grants in this case were the great motive of the commons desire to have them reinforced , in the beginning of this king's reign : and these statutes continued in full force to the time of h. . insomuch that cardinal woolsey was prosecuted by the king's attorney , for offending against them by his legatine power , although he had the king's assent to it , and he exercised it several years by his permission . stephen gardiner , in his letter to the protector , saith , that he obtained his legatine power by the king's assent : from whence he observes , what danger they may fall in , who break the law with the king's consent ; for in the cardinal's case , he saith , that because his legatine power was against the laws of the realm , the judges conclude the offence to be such as incurred the praemunire : and this he asserts was the sense of the lawyers of that time ; and for confirmation of it , he brought the case of the lord tiptoft , who sufferd on tower-hill , because in execution of the king's commission , he had offended against the laws of the realm : and of many judges who had fines set on their heads in like case , for acting against the law of the realm by the king's commandment . but it is pleaded on the other side , that the commons , h. . n. . put in the saving the king's prerogative into their petition concerning the statute of provisors , that it may stand in full force : and this was an owning the king's dispensing power by all the commons in parliament , when they were in a high debate with the crown . this seems to have a good shew of reason to any one that doth not consider the practice of those times , in acts of parliament ; for the petitions of the commons , before h. . were not taken entire and just as they delivered them ; but several clauses were inserted by the court , especially such as seemed to preserve the king's prerogative ; which the commons found so inconvenient , that the next year , as serjeant glanvil observed , ( and probably on the occasion of these savings , h. . n. , and n. . ) the course was altered , and hath so continued . therefore methinks so great weight should not be laid on these savings , as if they implied the owning the dispensing power , when the design of the law was against it . and the king's answer is , let the statutes be held and kept . i appeal to any man's understanding , whether the saving the king's prerogative can be any other than a general clause put in , without respect to the dispensing power ; since the petition is against the exercise of it , and the answer , that the statutes should be observed ? if they were observed , what use of the dispensing power ; for that lay in giving leave not to observe them ? what strange sense is this , the king promises , the statutes shall be kept , saving his prerogative , that they may not be kept ? for , they feared the not keeping them from such a prerogative : and when the king therefore yields they shall be kept , he doth give up any such prerogative , or else he doth not answer their petition . the truth is , when the kings had got this power into their hands , though it were with such limitations at first , yet they found arts from time to time to keep it , till at last they were unwilling to part with it ; as appears by h. . but upon the restless importunity of the commons it was laid down by him . and now in the beginning of h. . the commons took care to prevent its rising in a new reign ; but he being a prince not ready to part with any thing which looked like power , was in probability , not easie to be brought to confirm the statute : of provisors , without some general words of saving his prerogative , which the commons might yield to , that they might gain the main point ; since those words could signifie nothing against the very intention and design of the law. iv. the precedents in law do contradict this rule ; as will appear by those which are produced by the lord chief justice vaughan , in the case of thomas and sorrel . . the king cannot dispense with a common nusance , for the king , he saith , cannot pardon continuing nusances ; but the penalty he may . the king cannot dispense with a nusance to the high ways , by h. . he cannot pardon or discharge the nusance , or the suit for the same , the high-ways being necessary for such as trawel ; but common nusances are not mala in se , which are not evils at common law ( as some understand them ) but things so intrinsecally evil , that no circumstances can make them lawful . malum in se is a moral evil , in its own nature ; and therefore can never be dispensed with ; but a nusance at common law is but a natural evil , and all the moral evil of it lies in the prohibition by law : and yet in these , it is granted , that the king cannot dispense : and the year-book saith , that a licence to make a nusance in the high way were void : for what reason ? is it a thing forbidden by the natural or divine law ? cannot the king , for his will and pleasure , license the making a nusance ? and yet is it possible for men of sense to imagin , that he can by his dispensing power give leave to do such things , as in consequence overthrow our laws and religion ? doth the law take greater care of the high-way than of our liberties and religion ? this would seem strange doctrine to people of another country , viz. that by the law of england the king hath no power over the high-way , to dispense with a common nusance therein , but he hath over the laws made for the most publick good and security of the nation . and truly this cannot but seem strange to as many among our selves , as allow themselves the liberty of thinking ; doth the law only take care of oxen and high-ways ? but it is well observed by the learned chief justice vaughan , that publick nusances , are not mala in se , but mala politica & introducta ; and when a thing is said to be prohibited by the common law , the meaning is no more but that the ancient record of such a prohibition is not to be found . the king cannot pardon the damage done to particular persons , saith the same chief justice , where the suit is only the kings , but for the benefit and safety of a third person , the king cannot dispense with the suit , but by consent and agreement of the party concerned . and again , penal laws , the breach whereof are to men's particular damage , cannot be dispensed with . and the chief justice herbert owns , that the king cannot dispense with laws which vest the least right or property in any of his subjects . here we see , the prerogative bounded , where the interest of particular persons is concerned ; but doth the law take more care of them than of the publick interest , and the concernment of the whole nation ? but i find another distinction in this case , viz. there is bonum publicum ; and laws made for that may be dispensed with : and there is bonum singulorum populi ; and with laws that concern that the king cannot dispense . this is admirable learning , if it be brought out of these terms : and the meaning is , the king can do nothing to the prejudice of the people in their private capacities , but he can do what he will with the publick . i had thought , a prince had been , in the first place , bound to regard the good of the publick , and to take care of the salus populi complicati , ( as it is called ) i. e. as they are imbodied together , and not of the private interests of particular men , which can never be preserved , when the publick safety is not secured . . it is granted , that in penal laws , by act of parliament , where the offenders are punishable at the king's suit , but where the offence is to the immediate wrong of particular persons , and for which the law gives them special actions , the king cannot dispense . never was law more tender of the interest of particular persons than ours : but suppose a penal law by act of parliament , relates immediately to the publick , and gives no particular persons any special actions ; is such a law therefore dispensable , because only the publick good , and the safety of the nation are concerned ? which are not ( it seems ) to be valued with the private interests of particular men. they who affirm such things , may be very learned in book cases ; but they do not seem to have studied the jus publicum , as bracton calls it , which concerns statum reipub. or the political law of this nation ; which shews the great respect which the good of the community ought to have above private interests : but when persons take up their notions and maxims , from laws relating to meum and tuum , they are very apt to judge of publick laws , according to those measures . . it is granted , that the king cannot license a baker , brewer , or victualler to break the assize of bread or ale , nor a miller to take more toll than the law appoints ( therefore these are mala prohibita ) ; nor a taverner to break the assize of wine ; nor a butcher to sell measled swines-flesh or murrain flesh ; nor any man to forestal the market , by a non obstante of the statute de pistoribus ; which prohibits all these under several penalties . nor can he licence butchers , fishmongers , poulterers , or other sellers of victuals ; nor hostlers to sell hay and oats at what price they please , by a non obstante of the statute of e. . c. . and r. . c. . still the law is extreamly tender of us , as to meat and drink , and not only for our selves , but for our horses too ; so that the king cannot dispense with the laws about them : and yet can we think so meanly of the wisdom of our ancestors , that they would take such care of bread , and wine , and horse-meat , that the king himself could not inhance the price of them ; but that as to their laws , which relate to the publick , they were content to leave them to the will and pleasure of their prince ? no one that reads the history of our ancestors , and the contests they had with kings to obtain their publick liberties , could ever entertain such a thought concerning them . . if foreign manufactures or foreign corn be prohibited for support of the natives , a licence to one or more , to bring them in , if general , is void by the case of monopolies , notwithstanding a non obstante . this is certainly malum prohibitum ; and yet the king cannot dispense with it . and it is really a very hard case , if the king cannot dispense with a monopoly in trade , and may dispense with a monopoly in religion , i. e. that notwithstanding all the laws for setling our religion at home , he may grant a licence to foreigners to introduce another , although never so repugnant to our laws ; for none who understood our affairs , could imagine , that this dispensing power was set up for any other end. but what shall we say to the precedents on the other side ? i shall pass by others , which have been sufficiently answered already , and only speak to that which above all others hath been declared to be the foundation of the dispensing power ; and therefore deserves to be farther cleared ; and that is , the case of dispensing with the statutes about men's continuing sheriffs more than a year ; which is urged as plain and concluding , because it was for a publick good , and preventing great mischiefs ; yet the king's power of dispensing in this case was allowed by all the judges of england , h. . and this hath been cited as adjudged in several books of great authority , fitz-herbert , plowden , coke , &c. and the practice hath ever since been accordingly . this is the whole strength of the argument . and i shall not repeat what others have already said , to shew that this was not the reason of the judicial sentence then given ; but the particular ground of one of the judges , after they had declared the patent to be good . but however that were , it cannot be denied , that great lawyers since that time , have taken it to have been the sense of the judges then . for coke's words are express in calvin's case ; it is enacted by the parliament of . h. . that no man should serve the king as sheriff of any county above one year , and that notwithstanding of any clause of non-obstante to the contrary , that is to say , notwithstanding that the king should expresly dispense with the said statute ; howbeit , it is agreed in h. . that against the express purview of that act , the king may by a special non-obstante dispense with that act. here it is plain , that in coke's opinion , at least , the judges did agree , that although king and parliament had made an act which made void any grant with a non obstante , yet that such a grant made afterwards , with a special non obstante , was good . i am not much concerned , whether it were their opinion or not ; because i think there is much greater reason , and stronger authority on the other side . . as to reason : if a non-obstante from the king , be good , when by act of parliament a non-obstante is declared void , what doth an act of parliament signifie in such a case ? must we say , it is a void clause ? but then to what purpose was it put in ? did they who made the act , understand it to be a void clause when they put it in ? certainly , it was then thought otherwise ; and if it were so , we have the authority of the parliament against the opinion of the judges . if it were not a void clause then , how came it to be so afterwards ? what alteration was made in the law of england in that interval , and by whom ? how comes a clause that had force in h. . to have none , h. ? could radcliff or the rest , by their opinions , destroy the force of an act of parliament ? no ; but coke saith , no act can bind the king from any prerogative which is sole and inseparable from his person ; but he may dispense with it by a non-obstante , as a sovereign power to command any of his subjects to serve him for the publick weal , and this solely and inseparably is annexed to his person ; and this royal power cannot be restrained by any act of parliament , neither in thesi nor in hypothesi ; but that the king by his royal power may dispense with it ; for upon the commandment of the king and obedience of the subject , does his government consist ; as it is provided by the statute of h. . c. . that all patents made or to be made of any office of a sheriff , &c. for term of years , or for life , in fee-simple or in tail , are void and of none effect , any clause or parol of non-obstante put or to be put into such patents to be made notwithstanding . and further , whosoever shall take upon him or them to accept or occupy such office of sheriff , by vertue of such grants or patents , shall stand perpetually disabled to be or bear the office of sheriff within any county of england , by the same authority . and notwithstanding that by this act , . the patent is made void . . the king is restrained to grant a non-obstante . . the grantee disabled to take the office , yet the king by his royal sovereign power of commanding , may command by his patent ( for such causes as he in his wisdom doth think meet and profitable for himself and the commonwealth , of which he himself is sole judge ) to serve him and the weal publick , as sheriff for such a county , for years or for life , &c. and so was it resolved by all the justices of england in the exchequer chamber ' h. . here the point is resolved into an inseparable prerogative in the king ; which no act of parliament can restrain , although made with his own consent . is there no act of parliament then , which this great lawyer will allow to restrain the king's prerogative , so as he cannot disperse with it ? what saith he to the case of buying offices at court ? cannot the king by vertue of his prerogative , order his houshold as he pleases , to dispose of offices about him , as he thinks fit ; no. the same lawyer saith , that no non obstante could dispense with the act against buying of offices . and yet one would think that the king had as great a prerogative in the court , as over the kingdom . but how comes he to say , that the king can dispense notwithstanding the disability , when elsewhere he saith , the king cannot dispense in the case of a disability by law ? for the reason he gives why the king cannot present a man to a living who is convict of simony , is , because the law hath disabled him . very well . and yet in this case , although the law hath disabled him , the king may dispense . where are we now ? the king can dispense with a disability , and he cannot dispense with it . this is indeed a very dark learning of dispensations , as c. justice vaughan well called it ; for we cannot yet find the way through it . can the king dispense with a disability in law or not ? if not , the case of sheriffs is gone . if he can , then why not in the case of symony ? why not , as to sitting in parliament without taking the oaths ? no , here is a disability in law. what then ? cannot the k. dispense with a disability in one case , as well as the other ? bu : the same person saith , that in that case , because the words amount to a disability , the king cannot dispense , and here , where the disability is expressed , he may . but we are lately told , there are two sorts of disabilities : one is actually incurred , as that upon the members who sit without taking the oaths ; and the other is a disability annexed to the breach of a law , as a penalty , and that penalty not to be incurred before a legal conviction ; and in this case the king's dispensation coming before the conviction doth prevent it , by making that lawful which would not have been so without it . but when a disability is actually-incurred , it cannot be taken off but by act of parliament . i answer , that if the law which makes the disability , doth allow of a dispensation antecedent to the conviction , then i grant that the dispensation before conviction , prevents the disability . as in digby's case ; if the dispensation had come before institution , the disability , as to holding the former living , had been prevented ; because the law doth expresly allow of a dispensation in the case . but here is no such thing . the act of parliament , supposes no dispensation , but makes an utter disability , as to the holding the office , in sir edward hales his case ; but a dispensing power is set up against the act of parliament , and such a dispensation neither before nor after conviction , can prevent a disability if it could , i can by no means see why it might not as well hold as to members of parliament , ( at least as to the oath of supremacy ) if they take their dispensation before sitting in the house . for the disability doth not take place till they enter the parliament , eliz. c. . and he that entreth the parliament without taking the said oath , shall be deemed no knight , citizen , burgess , or baron , nor shall have any voice , but shall be as if he had been never returned or elected . the intention of the law for the test , was a disability to hold the office ; but it allows time for persons to qualifie themselves , as appears by the act for the test. is not this plain overthrowing the design of the law , for persons instead of doing what the law requires , to take out a dispensation for not doing it , and so prevent the disability ? and what doth a law signifie , when the very design of it is overthrown ? and what is the power of making laws by common consent in parliament , if without such consent , the whole force of the law may be taken away by a dispensing power ? so that this doth not meerly make laws to signifie nothing but according to will and pleasure ; but it makes our very constitution insignificant ; which requires to every law the consent of the people in parliament . as for instance , by the first constitution of the roman government , the king had the custody of the laws , but no laws were to be made but by the consent of the roman people in the curiae , ( thence called leges curiatae ) would any one have thought this any privilege , if after these laws were passed , the king should claim an inseparable prerogative of dispensing with them as he sees cause ? for it is implied in such a fundamental contract as this , that laws when made , should not lose their force without their consent who made them . else it is not contractus bonae fidei . i will not dispute whether this were the original contract of our nation or not ; but this i may say , that when our government came to a settlement , after long struglings , this was one of the fundamental articles of it , that no laws should pass , or burdens should be laid upon the people but by their own consent in arliament . bracton saith , that a law among us , supposes the authority of the prince and the council , and consent of the great men , and agreement of the common-wealth . and he adds further , that our laws being thus made and established , mutari non poterunt , nec destrui sine communi consensu & consilio eorum omnium quorum consilio & consensu fuerunt promulgatae : which are very remarkable words against a dispensing power . for that doth imply a power to change the law , and in effect , to destroy it , without the advice or consent of those that made it . he saith indeed , the law may be improved without their consent , i. e. by the judges interpretation as to parallel cases not expressed . but if any new or hard case happens , it ought , he saith , to be respited usque ad magnam curiam , i. e. to the parliament , ut ibi per concilium curiae terminentur ; that being the supreme judicature of the nation . fortescue , who very well understood our constitution , saith , that the king , although he be the head of the political body , can neither change our laws , nor take away property without consent . and that our laws are made , not by the princes will , but by general consent ; totius regni assensu : he saith , they may be changed , but it must be , non sine communitatis & procerum regni assensu , quali ipsae primitus emanarunt . he takes notice , that several of our kings did not like our constitution , but affected a more arbitrary , and therefore approved the civil law , for that maxim , quod principi placuit legis habet vigorem . but he shews our constitution to be better for king and people . for here he saith , the king levies no taxes , nor alters laws , or makes new ones , sine concessione vel assensu totius regni sui in parliamento suo expresso .. but certainly dispensing with laws , is altering them ; not as to their words , but as to the intention and design of them , which is the main thing in a law ; and he that alters the law , as to any one , whose case is common with others , may alter it as to all others in equal circumstances . and what doth such a law then signifie ? in the charter of king john , the commune consilium regni , was to pass all aids ; and besides particular summons to the great men , general summons were to be given to others , to appear within forty days ; and if they did not , matters were to go on however . this very charter , as appears by matt. paris , was renewed , h. . but he had learned the trick of a non obstante from his good friend the pope ; and when he was urged with his own grants , he said , doth not the pope void his grants with a non-obstante ? why may not i do the same by the grants of my self and my predecessors ? to whom a sharp reply was made . as long as he observed justice in his actings , he would be king , and no longer . which i only mention to shew , that the use of a non obstante was then looked on as a violation of justice . and so it must needs be , if our laws , as bracton saith , be communis reipub. sponsio ; for then they are of the nature of contracts , and when laws are so , it is agreed by those who write of these matters , although otherwise no enemies to a dispensing power , that they are not to be dispensed with by a non obstante . if a prince makes a grant of any thing wherein he hath power to oblige himself in justice , it becomes , saith baselius pontius , of the nature of a contract , which gives a right to those to whom it is made , and lays an obligation of justice upon him . where a grant is made for the benefit of others , and is ac cepted by them , it is not in the granter's power to revoke it , as sanchez shews from many authorities . and the lawyers are of the same mind , as appears by what is already produced out of baldus and others ; but i shall mention some who declare the opinion of others . explorati juris est eas constitutiones quae in contractum transeunt ita ligare principes ut iis derogare nequeant , saith gerl. buxtorffius . gail saith , that princes are bound by all grants made per modum contractus de jure communi ; and that is the general opinion . one of the latest writers de jure gentium , saith , that princes are more strongly bound by laws , which pass by way of contracts , than by any positive laws made by absolute power , although they relate to the weightiest points of government . that a prince cannot grant a non obstante to such laws as he hath sworn to observe ; is not only the opinion of other lawyers , but of some of the highest canonists : and it is a rule among them , that no clause of non obstante can take away constitutionem juratam . where there is therefore not only a contract with others in the passing of a law , but an oath to observe the laws , i do not see how a non obstante or a dispensing power can take place . . we have the advantage in point of authority as well as reason , as to this very case of dispensing with the statute of h. . for i take it for granted , that the authority of parliament is more to be regarded than the opinion of judges : and i think we have good reason to believe , that the parliament did not think this act could be voided by a non obstante . ( . ) the parliament that declared , any non obstante against the act to be void , was certainly of that opinion ; or else they did a ridiculous thing , to put in a clause which was void of it self . ( . ) the parliament , h. . c. . was of that mind ; for what need an indemnity by act of parliament , if the king could by his dispensing power have made it lawful for the sheriffs to continue ? ( . ) the parliament , e. . . continued in the same mind , for , whereas in the beginning of his reign sheriffs were continued more than a year , by reason of the troubles , it was not then thought , ( though in a case of such necessity ) that the king could dispense with this law ; but they were indemnified by act of parliament , and the act declared to stand in full force . ( . ) the parliament , h. . c. . after the supposed judgment , h. . and in the time of a prince who would lose none of his prerogatives , was still of the same judgment ; for it not only recites the statute , but particularly takes notice of the voiding all pardons and non obstante's ; and by act of parliament indemnisies the under-sheriffs of bristow , and gives them the same priviledge which those of london had . what need all this , if it had been thought good law at that time , that the king might by his dispensing power have given sheriffs leave to have acted against that statute ? and now i leave any man of reason to judge , whether this famous case be a sufficient foundation for the seting up a dispensing power , either as to a particular statute made for the security of our religion , or for a suspension of our ecclesiastical laws . chap. iv. of the alterations made in the supremacy , by the statutes of henry the eighth ; with an answer to the objections . i now come to the alterations made in our laws , about the king's supremacy in the time of henry the eighth . hen. . c. . an act passed for taking away all appeals to rome , which is founded on the king 's natural and independent right of governing , and doing justice to all his people ; and the sufficiency of his own clergy , for hearing and determining such matters as belonged to their function ; and therefore all causes are to be heard , discussed , examined , finally and definitively adjudged and determined within the king's jurisdiction and authority , and not elswhere in the courts spiritual and temporal : but if the king be concerned , then it is referred to the upper-house of convocation . the preamble of this act against appeals to rome , is considerable : whereas by divers authentick histories and chronicles , it is manifestly declared and expressed , that this realm of england is an empire governed by one supreme head and king , &c. with plenary , whole and entire power , preheminence , authority , prerogative and jurisdiction &c. for final determination of causes , &c. so that here is an appeal to ancient history in this matter , and we have still sufficient evidence of it before the popes encroachments prevailed . the bishops and barons told anselm , in william rufus his time , it was a thing unheard of , and contrary to the custom of his realm for any one to go to rome without the king 's leave ; which is after explained by way of appeal : anselm made but a shuffling answer to this , although he had sworn to observe the customs of the realm , and he could not deny this to be one , but he pretended , it was against s. peter 's authority , and therefore could not observe it ; for this were , saith he , to abjure s. peter . from whence i infer , that the custom of the realm , was then thought by anselm to be inconsistent with the pope's authority : for whatever they talk of s. peter , it is the pope they mean. in the reign of h. . the pope complains grievously , that the king would suffer no appeals to be made to him ; and that due reverence was not shewed to s. peter in his kingdom ; and that they ended ecclesiastical causes at home , even where bishops were concerned ; and very learnedly quotes the de●retal epistles against them . afterwards , the pope sent his legate , and the king denied him entrance , and the whole parliament rejected it , as contrary to the ancient custom and liberty of england . that passage in the laws of h. . c. . which seems to allow of appeals , is a mere forgery , the whole chapter being a rapsody taken out of the canonists . h. huntingdon saith , that appeals were brought in in king stephen 's time , by henry bishop of winchester , his brother being the pope's legate . by the constitutions of clarendon , c. . the appeal lay from the archbishop to the king , which is well expressed by robert of gloucester . and the k. amend solde the ercbishops deed , and be as in the pope's sted , and s. thomas it withsteed . and although h. . in his purgation for the death of the archbishop , did swear , that he would hinder no appeals to rome in ecclesiastical causes ; and that he would quit the ancient customs of the realm : yet hoveden saith , the constitutions of clarendon were renewed in the parliament at northampton , and the justices in eyre were sworn to observe them , and to make others observe them inviolably : and for those who went out of the kingdom ( in case of appeals ) the justices were to enquire per consuetudinem terrae , according to the ancient custom ; and if they did not return and stand to the king's court , they were to be outlawed . in the time of r. . the popes complained much of geofry , archbishop of york , for slighting appeals made to rome , and imprisoning those that made them . celestine doth it twice , and in the same words : and innocent the third , in king john's time , renews the same complaint of him , that he shewed no regard to appeals made to the apostolick see. but when the rights of the crown were given up by king john to the pope , no wonder if the liberties of appeals were granted by him : but yet , in the succeeding reigns , we have several instances upon record of persons imprisoned by the king , for making appeals to rome . john of ibstock , in the time of e. . the abbot of walden , and a prebendary of banbury , in the reign of e. . the parson of leighe , harwoden , and the prior of barnwel , in the time of e. . so that this right was still owned by our princes , when the matter came into contest , and therefore the act of h. . against appeals was but a just resuming of the ancient rights of the crown . h. . c. . a commission is appointed for reviewing the canons : and it is observable , that because it could not be done in parliament time , the king hath power given him by act of parliament to nominate the thirty two persons to act in this matter , in these words ; be it therefore enacted by the authority aforesaid , that the king's highness shall have power and authority to nominate and assign at his pleasure the said thirty two persons of his subjects ; whereof sixteen to be of the clergy , and sixteen to be of the temporality of the upper and nether house of parliament . and because the last resort was to the arch-bishop in the former act of appeals ; therefore to prevent any inconveniences thereby , a new power is granted by this act , i. e. upon an appeal to the king in chancery , a commission is to be directed to such persons as the king shall appoint , who are to hear and determine such appeals , and the causes concerning the same . h. . c. . after the submission of the clergy , and the king being owned supreme head , yet the power of dispensing with the canons in particular cases , did not pass by commission from the king , but by act of parliament . the words are , it standeth therefore with natural equity and good reason , that all and every such laws human , made without this realm , or induced into this realm by the said sufferance , consents and custom , your royal majesty , your lords spiritual and temporal , and commons representing the whole state of your realm , in this your high court of parliament , have full power and authority not only to dispense , but also to authorize some elect person or persons , to dispense , &c. so that the power of granting faculties at a time when the prerogative was highest , was not executed by commission from the king by vertue of his supremacy and prerogative royal , but was granted to the arch-bishop of canterbury , in the manner expressed in that act. a late author has stretched this statute to a power of dispensing in other cases , besides those which depended on the canon-law . for , saith he , the pope usurped such a power in derogation of the authority royal , and then that power must be originally in the king ; otherwise , in the construction of the act , it could be no usurpation . but this is a very false way of reasoning ; the pope usurped such a power on the crown ; therefore the crown hath it of right : for the popes usurpations were many of them unreasonable ( his primacy , according to canons , being allowed ) and our law did restore to the king the ancient right and jurisdiction of the crown , and not put him into the possession of all the extravagant power which the pope usurped . for this law charges the pope with intolerable exactions of great sums of money , in pensions , censes , peter-pence , procurations , fruits , suits for provisions and expeditions of bulls , for arch-bishopricks and bishopricks , and for delegates and rescripts in causes of contentions and appeals , jurisdictions legantine , as well as dispensations , licenses , faculties , grants , relaxations , writs , called perinde valere , rehabilitations , absolutions , &c. now all these were usurpations in derogation of the crown ; but doth it therefore follow that the crown hath a right to them all ? but to go no further than the business of dispensations ; hath the king a right by this statute to dispense as far as the pope ? the pope usurped a power of dispensing in matrimonial contracts , in oaths , in vows , in some positive divine laws , which i suppose h. . by vertue of the supremacy , never pretended to . so that it is a very mistaken notion of some men , that the king had all the power , which the pope usurped . and as to the act , it is plain by the words of it , that the original power of dispensing , was lodged in the king , lords and commons , and the ministerial execution of it with the arch bishop of canterbury , even with respect to the king himself . but if the king had pretended to all the power which the pope usurped , he must have dispensed with himself . but this author offers to prove , that there is a power in the crown to dispense with acts of parliament , even such as concern the consecration of bishops ; because it is said , eliz. that the queen by her supreme authority had dispensed with all causes or doubts of any imperfection or disability in the persons , &c. to give a clear answer to this , we must consider these things ; . that , eliz. . the act of h. . for the order and form of electing and making arch-bishops and bishops , was revived ; as appears by the same act , . eliz. . . . that by another act , eliz. . the book of common-prayer and administration of sacraments and other rites and ceremonies of the church of england , which were in use in the time of e. and repealed by queen mary , were re-inforced , eliz. . . and the repeal annulled . but by the act and e. . c. . § . . the form and manner of making arch-bishops , bishops , priests , and deacons , was added to the book of prayer , as of like force and authority with it . . that the act of e. . being revived with the express mention of the alterations and additions made to it ; there was ro necessity apprehended , eliz. to make a distinct act for that which was in force already by the name of additions therein added and appointed by that statute . and this , i conceive , was the true reason why a bill did not pass , eliz. to that purpose : for , i find by the journals of the house , a bill was prepared and read the third time in the house of lords ; but upon consideration , it was laid a side , as superfluous . . that the popish party took advantage of this , and pretended , that the book of consecration , &c. was not established by law , being not expresly mentioned , and therefore the bishops made by it , were not legal bishops . and upon this bonner resolved to stand the trial against horn , bishop of winchester , as may be seen in dyer , r. f. . , so that the papists then stood upon it , that the crown could not dispense with laws ; otherwise bonner's plea signified nothing . for if there were such an inherent right in the crown to dispense with laws in ecclesiastical matters ▪ then these were legal bishops , having all the queen 's dispensing power for them . . the clause in the queen's letters patents for dispensing with imperfections and disability , was put in out of abundant caution , and not for any necessity that we can find : but it was customary in the popes bulls to put in such kind of clauses ; and therefore they would omit no power in that case , which the pope did pretend to ; which the act faith , was for avoiding all ambiguities and questions . . but after all , lest there should be any colour for disputing this matter left , according to the express letter of the law , therefore it was declared , eliz. . . that not only the book of common-prayer , but the form of consecrating archbishops , bishops , &c. which was set sorth in edward the sixth's time , and added to the common prayer , shall stand and be in full force and effect : and all acts done by it , are declared to be good and perfect to all intents and purposes : so that this act of parliament doth rather overthrow a dispensing power ; for if there were then such a supreme and absolute power in the crown , as to ecclesiastical matters , what need such an act of parliament to confirm and ratifie what our author supposes done by virtue of it ? but to return to the th of h. . in the same act of parliament , care is taken for the visiting exempt places , as monasteries , colledges and hospitals , by a particular commission under the great seal . but that which comes nearest to our business is , that h. . c. . another act passed , wherein the king's supremacy is acknowledged , and a power given by act of parliament for him to visit , redress and amend all errors , heresies , abuses , contempts and enormities whatsoever , which by any manner of spiritual authority or jurisdiction ought or may lawfully be reformed in any usage , custom , foreign laws , foreign authority , prescription , or any thing or things to the contrary hereof notwithstanding . if the king had this power by virtue of his supremacy and prerogative royal , can we imagin h. . so weak a prince , and so little a valuer of his own prerogative , as to have that given him by act of parliament , which was acknowledged to be in him before ? but the words are express , and that our sovereign lord , &c. shall have full power and authority from time to time to visit , &c. from whence it follows , that in the judgment of h. . and the parliament , such a power was not personally inherent in him , but that it did belong to the legislative power ; and therefore an act of parliament was required for it ; so that the supremacy , as then setled by law , lay in a total rejecting any foreign jurisdiction , and governing this church and kingdom by our own laws : which is well expressed in the preamble to the act against appeals , viz. that this realm of england is an empire governed by one supreme head and king , having the dignity and royal estate of the imperial crown of the same , unto whom a body politick , compact of all sorts and degrees of people , divided in terms and by names of spiritualty and temporalty , been bounden , and ought to bear , next to god , a natural and humble obedience . by virtue of this act cromwel was made vicegerent and vicar general , ( for both are in the same commission ) and the king gave to him omnem & omnimodam jurisdictionem , authoritatem sive potestatem ecclesiasticam , quae nobis tanquam supremo capiti hujusmodi competit , &c. which are the words of his commission . it 's true , that the power of granting a commission to exercise this power , is not expressed in the act of parliament ; but it being vested in the king by the act , he might appoint one or more commissioners to do it in his name ; but the case is very different where that very power of delegation is taken away by act of parliament , for that is the present case . to make this clear , we must consider the words of this act , and compare them with eliz. . the car. . . and the present commission . the words , h. . . are the same in effect with those eliz. . but with this observable difference , that whereas the statute of h. . gives the king his heirs and successors full power and authority from time to time to visit , &c. that of eliz. . unites the jurisdiction to the imperial crown of this realm ; but then it doth not proceed as the other did , to give full power and authority to her , her heirs and successors , to visit , &c. but the words are , and that your highness , your heirs and successors kings or queens of this realm shall have full power and authority by this act , by letters patents under the great seal of england to assign , name and authorise , when and as often as your highness , your heirs and successors shall think meet to exercise , use , occupy and execute under your highness , your . heirs and successors , all manner of jurisdictions , priviledges and preheminences , in any wise touching or concerning any spiritual or ecclesiastical jurisdiction , &c. so that the administration of this extraordinary jurisdiction is by this act limited to such who are nominated and appointed by the letters patents . the fountain of all jurisdiction is acknowledged to be in the imperial crown of this realm , but the administration is twofold ; ordinary , in the archbishops , bishops and ecclesiastical courts ; and to secure their dependance on the crown , the oath of supremacy is required by this act to be taken by every archbishop , bishop , and all ecclesiastical persons and officers . but besides this , it was then thought fit , that there should be an extraordinary administration of it , which is limited by this act to such as should be nominated and appointed in letters patents , &c. and no other reason can be given of the change from what it was in the time of henry the eighth , for it is not now placed absolutely , as then , in the queen , her heirs and successors , but the jurisdiction is annexed to the crown , and the extraordinary administration to be by commission under the broad seal . now since this power of nominating commissioners for extraordinary jurisdictions is taken away by act of parliament , the only question is , whether notwithstanding the right of jurisdiction being still in the crown , a new commission may not be granted for extraordinary jurisdiction ? there had been no question in this case , if the administration of extraordinary jurisdiction had not been setled eliz. . to be by commission , and that very power of granting such a commission had not been taken away by act of parliament . but as the matter now stands , the only pretence left for it is , that the same act which confirms the repeal , hath a salvo for the king's supremay , in these words ; provided always , that this act shall not extend , or be construed to extend to abridg or diminish the king's supremacy in ecclesiastical matters or affairs . if these words be taken strictly , with respect to the same matter , they make the act inconsistent with it self : for then the meaning would be , the king's supremacy shall not extend to the setting up such a court , always provided , that his supremacy , notwithstanding this act , may extend to the setting up such another court. is it consistent with the wisdom of a parliament to make such delusory acts ? therefore we must understand the king's supremacy in other matters . and there was this reason for it , all the acts of parliament touching the supremacy in henry the eighth's time were repealed by queen mary , and the restoring the supremacy to the crown was by the same act which set up the high commission ; and therefore when part of that act was repealed , and that repeal confirmed , it was fitting to add a clause , that there was no intention to abridg or diminish the supremacy setled by law , especially , since by that act the ordinary jurisdiction of the bishops in their courts was revived : and it is very well known , what clamors had been made , as though the bishops courts being held in their own names were inconsistent with the king's supremacy ; and although the judges had declared , july the first . that there was no necessity that processes ecclesiastical should be in the king's name ; and the king , august the eighteenth , in car. . published a proclamation to that purpose : yet all this did not satisfie some , but the bishops were still thought by them , in their ordinary jurisdiction , to usurp upon the king's supremacy and to abridg and diminish it ; therefore when this act passed to revive their jurisdiction , it was no more than reasonable to add such a clause to prevent misconstruction , viz. that this act , nor any thing in it , be construed to extend to abridg or diminish the king's supremacy in ecclesiastical matters ; as the ordinary jurisdiction of the bishops had been thought to do . and the vindicator of the ecclesiastical commission , could not forbear a marginal note to that purpose . the court held by his majesties ecclesiastical commissioners , is more legal than the bishops courts ; this is in the kings name , theirs in their own name only : as though the new setting up a court , forbidden by law , did not make it illegal , in whose name soever it were ; and as though courts expresly owned and allowed by law , were illegal , meerly because the forms of their proceedings do not run in the kings name . but i desire him to take an answer from his own oracle the l. ch. j. coke , now albeit the proceedings and process in the ecclesiastical courts , be in the name of the bishops , &c. it followeth not therefore , that either the court is not the kings , or the law , whereby they proceed , is not the kings law. for taking one example for many , every leet or view of frank pledge holden by a subject , is kept in the lords name , and yet it is the kings court , and all the proceedings therein are directed by the kings laws ; and many subjects in england have and hold courts of record , and other courts , and all their proceedings be according to the kings laws and customs of the realm . but there is a material objection or two yet to be answered . . it is objected , that jac. the judges declared in the star-chamber , that the deprivation of non-conformists , was lawful , because the king had supreme ecclesiastical power , which he hath delegated to the commissioners , whereby they had power of deprivation by the canon law of this realm ; and the statute of eliz. doth not confer any new power , but explain and declare the ancient power : and therefore they held it clear , that the king without a parliament might make orders and constitutions for the government of the clergy , and might deprive them , if they obeyed not . to which i answer , . our question is not , whether the king , without a parliament , may not require the observation of canons passed the convocation , so as to deprive the obstinate , by vertue of his supreme power in ecclesiastical matters ; but whether he may appoint a commission with power to deprive against an act of parliament ; which hath taken away the legal power of any such commission . . in matters of this nature , it is safer trusting the supreme judicature of the nation in parliament , than the extrajudicial opinion of the judges . and in this case the parliament hath declared it self another way ; as appears by the canons , . which were not only condemned in parliament afterwards ( which then might be imputed to the heat of the times ) but in the most loyal parliament after the king's return , particular care was taken , that neither the canons of . should be confirmed , nor any other ecclesiastical laws or canons , not formerly confirmed , allowed , or enacted by parliament , or by the established laws of the land as they stood in the year of the lord , . which implies , that the sense of the parliament then was , that we are not to own any canons but such as were confirmed , allowed , or enacted by parliament , or by the established laws of the land before . and therefore no new injunctions without a parliament or convocation , can make the clergy liable to a legal deprivation . no , not that which the defender is so pleased with the thoughts of , viz. to give their assent and consent to the king's declaration , on pain of deprivation . . the temporalties of the clergy , especially the bishops , are secured by several acts of parliament without a tryal at law. which , because i see none of our great lawyers take notice of , i shall here set down . edward the third , c. . we will and grant for us , and for our heirs , that from henceforth we nor our heirs shall not take nor cause to be taken into our hands , the temporalties of archbishops , bishops , &c. or other people of holy church of what estate or condition they be , without a true and just cause , according to the law of the land and judgment thereupon given . edward the third , c. . the title of the statute is , a bishops temporalties shall not be seized for a contempt . and this was received for good law , e. . . br. ord. . reg. f. . but a very late writer tells the world , that the possessions of ecclesiastical persons are but conditional freeholds ; and although absolute freeholds require a due course of law , yet conditional do not ; so that if a man chance to be deprived of his office , his freehold is gone . this is touching clergymen's freeholds to purpose ; and no doubt out of pure zeal to the church of england : but see the equity and impartiality of this man ! he had undertaken before to give publick assurance of abby-lands to the present possessors : and for what reason ? because the pope granted a dispensation with a non obstante to the canon law : and yet in this book he proves , that a non obstante is no ways binding to the supreme power ; so that no man could more effectually overthrow his own assurance than he hath done himself : for , saith he , present sovereigns , whether king or pope cannot bind their successors . and again , acts of graces and favours are alterable and suspendible at the pleasure of the succeeding sovereign : why then should any be so weak as to think the plenitude of the pope's power as to abby-lands , can be bound up by the act of any former pope ? i confess the comparing these two books together hath extreamly lessened his assurance of abby lands with me . and his answers to the power of revocation are so weak , that they come at last to no more than this , it is a thing which cannot well be done at present , therefore there is no fear it ever should be done . here is some security at least , till it can be done . but as to the possessions of the ecclesiastical persons of the church of england , he endeavours to prove , that they can have no security at all of their present possessions , notwithstanding any promise or a legal title : for if , as he saith , the king by his paramount jurisdiction can make any exceptions null ; and so void a solemn oath ▪ not to accept a dispensation from that oath ; why should he not as well make void any promise of his own ; when it hinders ( as he thinks ) a greater good , especially if the prerogative cannot be bound ? but then , as to a legal title , that is the vainest thing imaginable , as to such conditional freeholds which clergymen have ; for if the commissioners deprive them by their power ab officio & beneficio , their attendent frehold , saith he , is gone , without any course of law. and the defender saith , the commissioners may deprive if clergymen should not assent and consent to all contained in the king's declaration , if he required it . but it is to be hoped , that princes will not take the measures of justice , and wisdom , and honour from such men : we will therefore set aside the omnipotent engine of a non obstante , which doth not batter so much as it undermines , and consider the legal security of these conditional freeholds . i. all freeholds are in some sense conditional , or else they could never be forfeited : which shews , that there are none absolute , with respect to the law. and as to their original among us , it is agreed , that by the ancient right of tenures , all fees are conditional ; for they suppose fealty , the non-performance whereof is felony : which is not that which is done felleo animo , as sir edward coke trifles , but it is the same with falshood or treachery . the laws of h. . c. . si dominus de felonia vel fide mentitus compellat hominem suum : and in another law , the punishment of felony is forfeiture of the land , c. . and therefore the feudists say , that felony is delictum vasalli adversus dominum ; from the gothick fell or fehl , which signifies in general , a fault ; and in this case , the breach of trust towards his lord : of which sort of felonies the feudists reckon up some twenty , some thirty , any one of which makes a forfeifeiture : so that here is no such mighty difference , that the poor clergymen must only have conditional and attendant freeholds , as though other men's were absolute , whereas sir thomas smith affirms , all in england are fiduciary , i. e. conditional freeholders , beside the king. it is easie enough for any one to frame such a distinction of freeholds ; and to say , that these who have but such a freehold may be ejected , without any trial at common law : but he ought to have shewed , that magna charta or the ancient laws made such a difference between ecclesiastical freeholds and others ; which he hath not preended to do ; and therefore such a distinction ought not to be allowed , especially since i have produced an act of parliament edward . c. . which saith , that clergymen shall not be ejected out of their temporalties without a true and just cause , according to the law of the land : this was none of those statutes which are in print , but never enrolled , for sir robert cotton owns the enrolment of it , and that it was made into a statute ; and mr. pryn himself had nothing to object against it : but now it seems their conditional freholds may be taken from them without any due course of law. ii. there is more to be said concerning the rights of ecclesiastical persons in colledges , because they are lay corporations . for in appleford's case it was declared to be the opinion of all the judges in pattrick 's case , that a colledge was a temporal corporation : and therefore some notable difference in point of law must be shewed , why men may be deprived of some freeholds without due course of law , and not of others ; for i cannot imagine , that colledges being founded for the encouragement of learning , should lay men more open to arbitrary proceedings , than any other legal societies are : however , deprivation , in coveney's case , was agreed to be a temporal thing ; and for that reason his appeal was rejected , as not relating to a matter of ecclesiastical jurisdiction , which was only provided for . and . henr. . but it was allowed , that he might bring an action at common law. our author several times mentions this case ; but puts it off till he comes to treat of appeals , i. e. to the place he knew it to be improper in . for the question is not , whether an appeal doth lie to the king in chancery in a case of deprivation ? but , whether there be not a remedy at common law , if a person be deprived of a free-hold without due form of law ? and after a great deal of impertinency , about the manner of appeals , he at last concludes , the remedy had been at common law only ; which is clear giving up the point . for then , in case a person be deprived without due course of law , of his free-hold , he grants , that he is to have his remedy at law ; and consequently that a deprivation of such a free-hold without due course of law , is not sufficient . for the law provides no remedy where there is no injury done , nor just cause to seek for redress . and so i come to the second objection ; which is this ; . that to deny the jurisdiction of this court , is to deny the king's supremacy ; and that is a dangerous thing by the law. the case was this ; dr. f. of magdalen college in oxford , being summoned before the commissioners , denied the authority of the court , and persisted in so doing ; which our author saith , in another kings reign perhaps might have been interpreted a questioning the very supremacy it self ; which , how fatal it was to john fisher , bishop of rochester , and sir thomas moor , is worthy to be considered , both as a demonstration of our kings clemency , and that the doctor hath not so much reason to complain of his hard usage . the meaning whereof is this , that if they had proceeded in justice against him , he ought to have suffered as bishop fisher and sir thomas moor did . this is more than a bare insinuation , that to deny the jurisdiction of this court , is to deny the kings supremacy ; and that it is meer clemency not to deal by them who do it , as h. . did by bishop fisher and sir thomas moor. but , . it is by no means evident , that those two persons suffered meerly on that account . for their attainder in parliament , was for refusing the oath of succession ; and king james i. mentions the words of sir thomas moor to that purpose , which he spake to the lords when he was condemned . and their attainder , if i mistake not , was in the same parliament which made it treason to deprive the king of his dignity , title or name of his royal estate , and therefore could not be by an act not then passed . but , . suppose that they were at last proceeded against on the act then passed , what is this to the present case ? when coke saith , this act was twice repealed . and it is no extraordinary clemency , not to be proceeded against by a law that hath no force . . the statute in force , eliz. c. . is against those who defend or maintain the authority , jurisdiction , or power of the bishop of rome , or of his see , heretofore claimed , used , or usurped within this realm , or by any speech , open deed , or act , advisedly , wittingly attribute any such manner of jurisdiction , authority , or preheminence to the said see of rome , or any bishop of the same , for the time being , within this realm . so that it cannot be denied , that there is occasion for his majesties clemency ; but it is to another sort of men. . it is very hard straining to make the denying the jurisdiction of this court , to be denying the kings supremacy , when a person hath done all which the law requires him to do towards owning the supremacy . if he had said dr. f. had taken possession of his fellowship there , without taking the oath of supremacy , which the law requires , he had then indeed given ground to suspect him for denying the kings supremacy ; but to take no notice of those who refused to do as the law requires , and to talk thus of what severity might be used to one that hath done it , looks in him neither like clemency nor justice . . it was always looked on , as a legal right to make exception to the jurisdiction of a court , especially when newly established , without act of parliament , and to any ordinary understanding , in flat contradiction to it . it is very new doctrine that in a legal government exceptio fori shall be interpreted a denial of supreme authority , which was not only allowed by the canon and civil laws , but by the most ancient common lawyers we have . bracton observes several things , which are material to this purpose . . the first general exception which is allowed , he saith , is contra jurisdictionem . exceptions are either dilatory or peremptory . some that are only dilatory , as to the action , may be peremptory as to the jurisdicton . and these are to be put in ante litem contestatam , ad perimendum judicium , ne procedat . and the first of this sort , are the exceptions contra jurisdictionem , & contra personas judicantium , quibus deficit autoritas judicandi . so that he supposes , that such who do not deny the kings supreme authority , may have a legal and just exception against the authority of a court. . it was an allowable exceptio fori then , if any lay-persons did take upon them to proceed by ecclesiastical censures . in ecclesiastical causes , saith he , a secular judge hath no cognizance , because he hath not the power of coercion proper to them , viz. by ecclesiastical censures ; therefore , he saith , in his causis pertinet cognitio ad judices ecclesiasticos . his reason is , because those only are the competent judges , who have the power of coercion proper to the court. and for the same cause , ecclesiastical judges are not to interpose in secular causes , cum jura sint separata & limitata . and although the exemption of ecclesiastical persons from the civil courts , be certainly taken away by the acts of supremacy ; yet it hath been still alledged by our divines , that the ecclesiastical censures were still reserved to the ecclesiastical functions ; either in the way of ordinary or delegate jurisdiction . if the high commission did seem to go further , then that power being taken away by act of parliament , it must return to the ancient course . . there must be a legal authority to constitute a legal jurisdiction . ad hoc quod rata sint judicia , videre oportet a● justic. warrantum habeat à rege quod judicare possit . si warrantum non habuerit , non valebit quod coram eo actum fuerit , quasi coram non suo judice , quia primo legi debet breve originale , & postmodum breve per quod justiciar . constitutus est , & si nullum omnino habuerit , aut si habuerit non tamen ad manum , non erit ei parendum nisi it a forte sit , quod breve originale de justiciaria sua faciat mentionem , bracton , l. . de except . c. . . there must be a commission from the king , which must be read ; and if either they have it not , or it be not at hand , the jurisdiction is not to be owned , unless it be mentioned in the original writ . for commissions in those days were most commonly granted by writ , saith the lord coke . but by bracton's words , it appears , that commonly there was an original writ and a commission besides ; but sometime the commission was in the original writ , and then the reading of that was sufficient . the mirror saith , that the jurisdiction may be denied , if the seeing or hearing the commission be denied . . the bounds of the jurisdiction must be expressed ; and if those be exceeded , he saith an exception lies . which signifies nothing unless the commission be known . . the commission must be according to law ; for that is bracton's standing rule : nihil aliud potest rex in terris , cum sit dei minister & vicarius , nisi id solum quod jure potest . so that a commission against law is void in law. he mentions the common saying in the civil law , quod principi placet , legis habet vigorem ; and answers it thus , quod principi placet is not to be understood of his presumptive , but his legislative will ( animo condendi jura ) and with the advice of his magistrates , the king himself giving authority ; which is the description of an act of parliament , as we now call it . which he more fully expresses elsewhere , legis vigorem habet , quicquid de consilio & de consensu magnatum , & reipublicae communi sponsione , authoritate regis , sive principis praecedente , juste fuerit definitum & approbatum . if this were the ancient law of england , how comes the exception against a court to be a denial of the king's supremacy ; unless it be supposed impossible , that there should be an illegal court with the king's commission ? but we may suppose it possible for a new kind of star-chamber , or court of wards to be set up ; must no man question the legality of such a court , without denying the king's authority ? for this is a question in point of law. and the king's authority always goes with the law : and therefore to suppose it to be in any thing against law , is to suppose it to be contradictory to it self . but our author saith , it is necessary for every court to assert its own jurisdiction . very true , and to clear it too ; if it be liable to a just exception . i am very far from denying the king's supremacy ; yet i may be as far from thinking such a court to be legal , if an act of parliament can make a court illegal ; and to say no more for it , but that every court must assert its own jurisdiction , is to level it with the infamous high court of justice ; which when king charles the first , of blessed memory , denied their authority , all the reply was , that the court was satisfied of its own authority ; which could give satisfaction to no body else . and if this be all can be said for the legality of it , for all that i can see , there is just reason to deny it . finis . a catalogue of books published by the reverend edward stillingfleet , d. d. dean of st. paul 's and sold by henry mortlack , at the phoenix in st. paul 's church-yard . a rational account of the grounds of the protestant religion , being a vindication of the lord archbishop of canterbury's relation of a conference , &c. from the pretended answer of t. c. wherein the true grounds of faith are cleared , and the false discovered ; the church of england vindicated from the imputation of schism ; of the most important particular controversies between us and those of the church of rome throughly examined : the second edition : folio . sermons preached upon several occasions , with a discourse annexed concerning the true reasons of the sufferings of christ , wherein crellius his answer to grotius , is considered : folio . origines britannicae : or the antiquities of the british churches ; with a preface concerning some pretended antiquities relating to britain , in vindication of the bishop of st. asaph . by edward stillingfleet , d. d. dean of st. pauls , folio . irenicum , a weapon-salve for the churches wounds : quarto origines sacrae , or , a rational account of the grounds of christian faith , as to the truth and divine authority of the scriptures , and matters therein contained : quarto . the unreasonableness of separation , or an impartial account of the history , nature and pleas of the present separation from the communion of the church of england ; to which several late letters are annexed of eminent protestant divines abroad concerning the nature of our differences , and the way to compose them : quarto . a discourse concerning the idolatry practised in the church of rome , and the hazard of salvation in the communion of it , in answer to some papers of a revolted protestant ; wherein a particular account is given of the fanaticism and divisions of that church : octavo . an answer to several late treatises occasioned by a book entituled , a discourse concerning the idolatry practised in the church of rome , and the hazard of salvation in the communion of it ; the first part : octavo . a second discourse in vindication of the protestant grounds of faith , against the pretence of infallibility in the roman church , in answer to the guide in controversie , by r. h. protestancy without principles , and reason , and religion ; or the certain rule of faith , by e. w. with a particular enquiry into the miracles of the roman church : octavo . an answer to mr. cressy's epistle apologetical to a person of honour , touching his vindication of dr. stillingfleet : octavo . a defence of the discourse concerning the idolatry practised in the church of rome , in answer to a book entituled , catholicks no idolaters : octavo . several conferences between a romish priest , a fanatick chaplain , and a divine of the church of england ; being a full answer to the late dialogues of t. g. octavo . the grand question concerning the bishops right to vote in parliament in cases capital , stated and argued , from the parliament rolls and the history of former times ; with an enquiry into their peerage , and the three estates in parliament : octavo . a letter to mr. g , giving a true account of a late conference at the d. of pauls . a second letter to mr. g. in answer to two letters lately published concerning the conference at the d. of pauls . a discourse concerning the nature and grounds of the certainty of faith , in answer to j. s. his catholick letters . by edward stillingfleet , d. d. dean of st. pauls . the council of trent examined and disproved by catholick tradition in the main points in controversie between us and the church of rome ; with a particular account of the times and occasions of introducing them . part i. to which a preface is prefixed concerning the true sense of the council of trent , and the notion of transubstantiation . by ed. stillingfleet , d. d. dean of st. pauls . the rule of faith : or an answer to the treatise of mr. j. s. entituled , sure footing , &c. by john tillotson d. d. to which is adjoyned , a reply to mr. j. s.'s third appendix , &c. by edward stillingfleet , d. d. octavo . sermons preached upon several occasions , by edward stillingfleet , d. d. dean of st. paul's , not yet collected into a volume . the reformation justified in a sermon preached at guild-hall chappel , sept. . . before the lord mayor , &c. upon acts xxiv . . a sermon preached nov. . . at st. margarets westminster , upon matt. vii . , . a sermon preached before the king at whitehall , feb. ▪ / . upon heb. iii. . a sermon preached on the fast-day , nov. . . at st. margarets westminster , before the honourable house of commons , upon sam. xii . , . a sermon preached before the king at whitehall , march . / . upon matt. x. . the mischief of separation , a sermon preached at guild-hall chappel , may . . before the lord mayor , &c. upon phil. iii. . protestant charity ; a sermon preached at s. sepulchres church on tuesday in easter-week , . before the lord mayor , &c. upon galat. vi. . of the nature of superstition ; a sermon preached at st. dunstans west , march . . upon col. ii. . a sermon preached before the king , feb. . / . upon job xxiii . . a sermon preached at a publick ordination at st. peter's cornhil , march . / . upon tim. v. . a sermon preached at white-hall , feb. . / . being the first fryday in lent , upon luke xv. . scripture and tradition compared , in a sermon preached at guild-hall chappel , nov. , . upon col. ii. . a sermon preached before the queen at white-hall , feb. . ●●● . upon pet. iv. . the antiquities of notinghamshire , extracted out of records , original evidences , leiger-books , and other manuscripts and authentick authorities , beautified with maps , prospects and portraictures ; by robert thoroton , m. d. folio . a discourse concerning the nature of idolatry ; in which a late authors true and only notion of idolatry is considered and confuted . quarto . proposals tendered to the consideration of both houses of parliament , for uniting the protestant interest for the present , and preventing divisions for the future ; together with the declaration of king charles ii. concerning ecclesiastical affairs ; and some proposals of terms of union between the church of england and dissenters ; long since published by the reverend dean of st. paul's : quarto . protestant certainty ; or , a short treatise , shewing how a protestant may be well assured of the articles of his faith : quarto . notes, typically marginal, from the original text notes for div a -e inst. f. . inst. f. . in b●blioth . cotton . sand. de schif . . . bract. l. . c. . flet. l. . c. . c. . c. . sect . . defence of ecclesiastical commission , p. , . littleton's rep. . stamford , l. . f. . malmsb. l. . f. . edd. vit . wilfred . c. . ibid. c. . c. . florent . wigor . f. . spelm. concil . p. . mat. westm. a. g. . florent . p. . mat. westm. a. g. . bed. l. . c. . spelm. p. . chronological vindication . to. i. f. . decem script . f. . a. c. . decem script . p. . spelm. p. . p. . ingulpb , p. . c. ingulph . ib. c. . r. ans. to coke's th rep. c. . n. . hob. rep. f. . tortura torti , p. . elenebus refut . tort. torti , p. . c. mart. becpro tort. torti , c. . p. . p. . p. . mason , de minist . angl. . . c. . p. . apology , &c. f. . bramhal's works , p. . p. . covarruvias pract. quaest. c. . n. . salgado , de regia prot. part . c. . n. . pasq. recher . l. . c. . hoveden . f. . . eadmer . f. . hoveden , f. . eadm . f. . selden . ad eadm . f. . eadm . f. . f. , . . id. f. , f. , hen. hunt. l. . f. . . coke inst. f. . mat. wesim. f. . bract. l. . p. . c. . l. assis. . e. . pl. . brook tit. pr. pl. . covarruv . peaut . q. c. . n. , . jus belgar . p. . cod. fab. ad tit. cod. de appel . ab abus . def. , p. . covarr . prat. q. . n. . stat. polon . p. , . pre. de lihertes de l' eglis . gal. vol. . c. . claus. e. . placit . parl. e. . f. placit . parl. e. . f. . claus. . e. . m. . e. . tit. e. . com . . lomed . de exempt . c. . n. . chart. . job . m. . pat. . h. . m. . hoveden , f. . bracton l. . c. . n. . flet. l. . c. . n. . brit. c. . horn. ch . . sect. . c. . q. . n. , . c. clerici de judiciis . c. cum terra declect . c. & ult . de consuet . de multa de prabend . c. innotuit de elect. mat. paris , ad a. d. . matt. wesim. ad a. d. . matt. paris , a. d. . p. . a. d. . p. . matt. paris , a. d. . p. . lib. diurnus pontif. . ferrand . vasq. cont. fret . l. . c. . n. . pet. de marca , de concord . sacerd . & imperii , l. . c. . n. . baldus , in c. . §. siquis vero de pace const. in l. digna vox . in l. . f. de const. princip . jaeobat . de conciliis . l. . f. . c. hob. r. f. . c. . q. . sect . nisi rigor . praxis dispens . apostolicarum auctore pyrrho corrado . c. . q. . c. petiisti . ivo epist. bernard de consider . ad eugenium , l. . bernard . epist. . suarez de legibus , l. . c. , . vaugbans rep. f. . suar. c. . n. . n. . c. . n. . n. . n. . vasq. . . disp. . c. . n. . vaugh. rep. f. . grot. de aquit . indulg . & facilitate , c. . n. suarez de leg . l. . c. . n. . vasquez , . disp . . c. . pusendorf de jure naturae , & gent. l. . c. . n. . rot. parl. r. . n. . n. . rot. parl. . r. . n. . rot. parl. r. . n. . rot. parl. r. . n. . rot. parl. h. . n. . rot. parl. h. . n. . n. . rot. parl. h. . n. . rot. parl. ib. rot. parl. h. . n. . short account , p. ▪ rushworth's collections , vol. . p. . vaugh. rep. f. . s. . f. . f. , f. . f. . f. . short account , p. . v. r. f. . bract. l. c. . n. . f. , f. . short account , p. . r. . r. f. . inst. . inst. . inst. . inst. . short account , p. . p. . rep. dionys. halyc . arn. l. . bract. l. ● , ● . , c. . . l. . c. . n. . fortescue , . c. . f. . c. . f. . c. . . c. . f. . matt. paris , f. . basel . pontius de matr. l. . de dispensat . c. . n. . sanchez de matr . l. . dispens . c. . n. . buxtorff . in auream bullam , c. . sect . . gail . observ . l. . obs . . n. job . wolfg. textor . de jure gent. c. . n. . bellug . spic . princ. rubr . . n. . hier. grat. cons. . n. . rol. a valle , cons. . n. . vol. . celsus hugo , de clausulis , n. . eadmer . f. , . f. , . hunt. f. . hoveden , f. , , . k. james his premon . p. . visitatorial power , &c. p. . p. . vindication eccles. com. p. . co. . r. f. . cr. f. . moor , f. . noy , f. . p. . statut. pro clero . visitatorial power , &c. p. . assurance of abby-lands , p. , . visitatorial power , &c. p. , . p. . p. , . defence . p. rep. angl. l. . c. . instit. . cottons abr. p. . mod. rep. f. . dier , f. . p. . p. . visitatorial power , p. . king james his works , p. . inst. f. . bract. . de excep . c. . l. . c. . n. . l. . de exc. c. . inst. f. . mirror de justic . c. . §. . l. . de action c. . n. . l. . c. . n. . p. . his majesties letter ianuary the th. in ansvver to the petition of both houses of parliament, as it was presented by the earle of newport, and the lord seymer. ian. . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties letter ianuary the th. in ansvver to the petition of both houses of parliament, as it was presented by the earle of newport, and the lord seymer. ian. . england and wales. sovereign ( - : charles i) charles i, king of england, - . england and wales. parliament. sheet ([ ] p.) printed for henry twyford, london : [ ] publication date from wing. annotation on thomason copy: " ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no his majesties letter ianvary the th. in ansvver to the petition of both hovses of parliament, as it was presented by the earle of newport, england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties letter ianvary the th . in ansvver to the petition of both hovses of parliament , as it was presented by the earle of newport , and the lord seymer . ian. . . his majesty having seene and considered the petition presented unto him , the one and twentieth of this instant , by the earle of newport , and the lord seymer , in the names of both houses of parliament . is pleased to return this answer . that hee doth well approve of the desire of both houses , for the speedy proceeding against the persons mentioned in the petition ; wherein his majesty finding the great inconveniences by the first mistake in the way , hath endured some delayes , that he might be informed in what order to put the same ; but before that that be agreed upon , his majesty thinkes it unusuall , or unfit to discover what proofe is against them , and therefore holds it necessary , lest a new mistake should breed more delayes ; ( which his majesty to his power will avoid . ) that it be resolved whether his majesty be bound in respect of priviledges to proceed against them by impeachment in parliament ; or whether he be at liberty to prefer an inditement at the common law , in the usuall way , or have his choice of either : vvhereupon his majesty will give such speedy directions for the prosecution , as shall shew his majesties desire to satisfie both houses , and to put a determination to the businesse . london printed for henry twyford . a proclamation, whereas the parliament hath been prorogued until the tenth day of february next james r. england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, whereas the parliament hath been prorogued until the tenth day of february next james r. england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) printed by the assigns of john bill deceas'd, and by henry hills, and thomas newcomb ..., london : / . reproduction of original in huntington library. broadside. at head of title: by the king, a proclamation. at end of text: given at our court at whitehall the eighth day of january / . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- rules and practice. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion j r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation . james r. whereas the parliament hath been prorogued until the tenth day of february next , we for many weighty reasons , have thought fit and resolved to make a further prorogation of the parliament , until the tenth day of may next ensuing the date hereof : and therefore do by this our royal proclamation publish , notifie and declare , that the parliament shall be prorogued upon and from the said tenth day of february until the tenth day of may next : whereof the lords spiritual and temporal , and the knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly : we letting them know , that we will not at the said tenth day of february expect the attendance of any , but onely such , as being in or about the cities of london and westminster , may attend the making the said prorogation , as heretofore in like cases hath been accustomed . and we do also hereby further declare our royal pleasure , that we shall not expect the attendance of our houses of parliament upon the said tenth day of may , but intend at that time a further prorogation to a more proper season of the year , unless some extraordinary occasion requires their sitting , whereof we will give convenient notice by our royal proclamation . given at our court at whitehall the eighth day of january / . in the first year of our reign . god save the king. london , printed by the assigns of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty . / . the pillars of parliament struck at by the hands of a cambridge doctor, or, a short view of some of his erroneous positions, destructive to the ancient laws & government of england to which is added the true state of the doctor's error about the parliament, h. / by william petyt of the inner-temple, esq. ... petyt, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the pillars of parliament struck at by the hands of a cambridge doctor, or, a short view of some of his erroneous positions, destructive to the ancient laws & government of england to which is added the true state of the doctor's error about the parliament, h. / by william petyt of the inner-temple, esq. ... petyt, william, - . [ ], p. printed for tho. simmons ..., london : . reproduction of original in national library of scotland (advocates'). marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the pillars of parliament struck at by the hands of a cambridge doctor , or , a short view of some of his erroneous positions , destructive to the ancient laws & government of england . to which is added the true state of the doctor 's error about the parliament , h. . by william petyt , of the inner temple , esq ; london , printed for tho. simmons , at the princes arms in ludgate-street mdclxxxi . the pillars of parliament struck at by the hand of a cambridge doctor , or , a short view of some of his erroneous positions , &c. about a tear and a half since , i did , in a small treatise , assert the ancient right of the commons of england in parliament : and therein maintained , that the commons of england , represented by knights , citizens and burgesses in parliament did not begin to be an essential part of parliament , anno h. . by rebellion . to which there lately came out a pretended full and clear answer : wherein the author thereof affirms , that the commons of england , represented by knights , citizens and burgesses in parliament , were not introduced , nor were one of the three estates in parliament before the th of h. . the dignities , learning and fame of the supposed author of the book being so great , it is but fit that the use , end and scope thereof should be better known , and understood , than yet it is . in order whereunto i have , for the publick good , ( got time ) to make a small abstract , or compendium , of some of the principles which the answerer hath asserted and laid down therein . which are these following . the doctor' 's positions . what interest the commons of england had in the parliaments of the saxon times . there are no commons to be found in the saxon great councils . nor any thing that tends towards the proof of the commons of those times , to have had any share of making laws in those councils . the commons as at this day known , not to be found amongst the community of england in old historians . in the norman times . that william the conqueror claimed by the sword , and made an absolute conquest . for , without doubt , there was no english-men in the common - council of the whole kingdom . for the english had neither estates nor fortunes left ; and therefore it could be no great matter to them , by what law , right or propriety other men held their estates . william the conqueror divided all the lands in england amongst his great followers , to hold of him . the free-men of england , being french , flemings , anjovins , britains , poictovins , and people of other nations , who came in with the conqueror , and to whom his magna charta was made ; not to english-men . these were the men the only legal men that named , and chose juries , and served on juries themselves , both in the county and hundred courts , and dispatched all country business under the great officers . if therefore the justiciaries , chancellors , earls , sheriffs , lords of mannors , such as hear'd causes , and gave judgment , were normans ; if the lawyers and pleaders were also normans , the pleadings and judgments in their several courts must of necessity have been in that language , and the law also the norman-law ; otherwise they had said and done they knew not what , and judged they knew not how : especially when the controversies were determined by military-men , earls , sheriffs , lords of mannors , &c. that understood not the english tongue or law : or when the chief justiciary himself was a military-man , as , it often happened , and understood only the norman language ; and 't is hardly to be believed , these men would give themselves the trouble of learning and understanding the english-law and language . these were the free-men which made such a cry , for their liberties ( as appears by magna charta ) most of which is only an abatement of the rigour , and a relaxation of the feudal tenures ; the rest were but only followers , and helped to augment the noise ; they were no law-makers , as this gentleman ( meaning me ) fondly imagines . for it is not probable that those men that had the force of the nation , would permit men of small reputation to share with them in law-making . those that had the power of this and other nations de facto , always did give laws , and tax the people . after symon montford earl of leicester and the numerous barons had taken hen. . and prince edward prisoners at the battel of lewes , and a new government was framed and set up , they ( anno h. . ) sent out writs in the king ' s name unto divers bishops , abbots and priors , and to such of the noble-men as were of their own party ; to the sheriffs of counties , cities , burroughs , and the cinque-ports . a and without doubt , as others have conjectured before me , the danger that symon and his privado's apprehended from the concourse of the nobility and their great retinues , and the example of his and the barons practices at oxford , was the reason why they ( anno h. . ) altered the ancient usage , and of their sending , directing , and in the king ' s name commanding the sheriffs of each county , the cities and burroughs , to send two knights , citizens and burgesses respectively . b hence he affirms , that the commons of england , represented by knights , citizens and burgesses in parliament , were not introduced , nor were one of the three estates in parliament before the th . of h. . for the commons were not comprehended in the common university . for the noble-men of england , and council of the baronage were the community of england . barones regni called to parliament at the king's pleasure . and what king henry , a little before his death , begun ; that is , to call such earls and barons , quos dignatus est , such as he pleased , edward the first and his successors constantly observed . having had one great antiquary's opinion , ( meaning mr. camden ' s ) joyned with matter of fact , upon the constitution of the house of lords . let us see the opinion of another concerning the origin of the house of commons , back'd also by matter of fact. sir robert cotton says , the victory at evesham , and the dear experience henry the third himself had made at oxford in the d . year of his reign , and the memory of the many streights his father was driven to , especially at runnemede , near stanes , brought this king wisely to † begin what his successors fortunately finished , in lessening the strength and power of his great lords . and this was wrought by searching into the regality they had usurped over their peculiar soveraigns , and by weakening that hand of power which they carried in parliaments by commanding the services of many knights , citizens and burgesses to that great council . these were the reasons why those kings followed montfort 's pattern , to secure themselves against the tumultuous , insolent and seditious practices of the barons . and , as according to the opinions of these great antiquaries , these new constitutions of parliament had their origin from the king 's authority ; so from the same authority and time it was , that this most excellent great council received its perfection , and became exactly fitted for the government of these nations , as it seems to be very evident from these following records . and then the doctor prints several writs in the reigns of e. . e. . and e. . for summoning sometimes one , sometimes more knights , citizens and burgesses to such great councils as had no power to make laws , but were only called upon the suddain , to give advice and counsel . yet the doctor would have these to be parliaments , ( a plain , if not a designed error ) with several dangerous notes or inferences in the margin , as the reader may observe , pag. , , , , , , , , . the king and his council judges whether and when burgesses ought to come to parliaments . the great charter , commonly attributed to hen. . and styled his charter , was properly the charter of e. . or perhaps rather his explication or enlargement of that charter of king john and h. . for we find not the great charter , either of that , or king john's form , in any of the rolls , until the th of e. . and he had a greater sum of money for confirming this charter than h. . had , as 't is recorded in the summons to parliament for that purpose . in this charter then confirmed , there is no provision made for any summons to great councils , or parliaments : and the reason may well be , because the constitution of great councils or parliaments was lately changed from what it was in king john ' s time , and until the th of h. . nor perhaps was it so fixed , and peremptorily resolved on at this time ( viz. e. . ) what it should exactly be for the future , as to have it made an article of the charter : and to this conjecture , the frequent variations of summons to parliament in those times do give a probable confirmation . thus far our doctor . nullus erranti terminus . but i will not say with him , that here are any aery ambuscades , whimseys , marvellous nonsence , gross ignorance of histories and records , admirable and idle fancies , and a troop more of such gentile expressions , which our answerer hath been pleased to give that ingenious gentleman , mr. atwood of grays-inn , and my self . all strong arguments and high civilities , scarce well becoming the doctor in all his eminent qualifications . but to come to the true state of the doctor and his author's error about the parliament , h. . after matthew paris , and rishanger his continuer , had given them an account of the wars between h. . and his great barons ; and that at the battel at lewes , anno . of that king , he and prince edward were taken prisoners by symon montfort , earl of leicester ( general for the barons ) in the year following , which was h. . they meet with a schedule affixed to the close roll ; wherein there are writs of summons entred for calling two knights for each county ; two citizens , two burgesses for every city and borough , and two barons for every of the cinque-ports , to meet in a parliament at london in the octaves of st hillary . what to do ? nobiscum ac cum proedictis prelatis , & magnatibus nostris , quos ibidem vocari fecimus super proemissis tractaturi , atque consilium impensuri . to treat with him the said king , and with the prelates and great men of the land , touching the premisses , and to give their advice . now because this writ of summons falls , as the doctor saith , in the nick of time with the historian , when the king and prince were in custody of symon montfort , he and his author will needs thereupon nick the house of commons ; and have this summons to be the very first and original writ of summons to parliament , that ever was of this nature , that in this critical tear , at this very time , there began a wonderful change , and a marvellous alteration of the ancient form of our english parliaments ; and that before the commons were never any part thereof ; but then had their origine and beginning to be so by this rebellion . when as , . if that roll had been lost , as all the parliament . rolls of those times are , it cannot appear that there were any summons to parliament , either to the lords spiritual , or temporal , or commons , till and e. . thirty years after h. . though it is evident and certain , both from the printed books and records , there were above fourteen parliaments in the interim . and our doctor himself and his author agree , that both lords and commons were present and parties in the parliament , anno h. . at marlborough , three years after h. . and also in the third year of e. . ( which was eleven years after h. . ) at a parliament at westminster , though there are no writs of summons , either of the lords or commons , nor any rolls yet found out of those parliaments . . neither do their own historians whom they make use of , nor matthew westminster , whom the doctor cites too , who writ in the reign of e. . son to h. . and who particularly gives an account also of those wars , nor any historiographer or lawyer , nor any record of that or succeeding ages , ever mention one word of any such change or revolution in h. . as our doctor , and his single author by tacking and patching their historian and writs together , have inferred and maintained in their books . besides the form of acts of parliament , and expressions both in historians and records , are the same both before and after h. . and in the reigns of e. . e. . and e. . notwithstanding all which , and that the doctor well knew that the citizens and burgesses were a constituent part of the parliament in ireland , anno h. . which was eleven years before h. . as i proved in my book , p. . and also by way of comparison , p. . that the cities , great towns and burroughs , . of france . . spain . . portugal . . denmark . . sweden . and . scotland , have from time immemorable , both de jure and de facto , had their delegates or representatives in the general councils , or , in our present dialect , parliaments . so that it might seem very strange , that when the cities and burroughs in all the kingdoms of europe , were ab antiquis temporibus , even in the time coeval with their government , an essential part of their common-councils , or parliaments ; that england , of all the european world , should not be under the same constitution before h. . yet the doctor and his author by all their art and skill have toiled and laboured to swim against the stream of so great a torrent of reasons and testimonies . to which , in convenient time , shall be added many more authorities , which are first to be carefully examined , and cannot be done in so short a time , together with a civil and moderate reply to the doctor 's answer ; as well on the one hand to acquit my self from the real passion of our doctor , to say no worse , though common prudence might have obliged him to more sober considerations ; as on the other , to vindicate and assert the honour of our english nation and parliaments , against his and his author 's ill grounded notions . which , is true , i must agree that the general understanding and judgment , as well of the kings of england , as of the whole english nation , and all foreign writers for so many centuries of years , have been marvellously abused and imposed upon , especially king james and his late majesty : who tell us , . that not only the regal authority , but the people's security of lands , livings and privileges were preserved and maintained by the ancient fundamental laws , privileges and customs of this realm : and that by the abolishing or altering of them , it was impossible but that present confusion will fall upon the whole state and frame of this kingdom . . the law is the inheritance of every subject , and the only security he can have for his life or estate ; and the which being neglected or disesteemed ( under what specious shew soever ) a great measure of infelicity , if not an irreparable confusion , must without doubt fall upon them . lastly , i will for the present give but five or six jnstances , that the commons of england , as now distinguished from the great lords , were an essential part of the general councils or parliaments before h. . . bracton , a grave and learned judge , who flourished in the time of h. . and an author beyond the answerer's exception , after he had declared to posterity that he had bent his mind ad vetera judicia perscrutanda diligenter , non sine vigiliis & labore ; and whatsoever he found nota dignum , he reduced in unam summam perpetuoe memoriae commendandam : declares the rule , how laws were made , not in his own only , but in ages before . cum legis vigorem habeat , quicquid de consilio & de consensu magnatum & reipublicae communi spontione , authoritate regis sive principis precedente juste fuerit difinitum & approbatum . that that hath the force and power of a law , which shall be justly declared and approved of by the council and consent of the great men , and by the general agreement of the commonwealth , the authority of the king preceding . . the statute of magna charta was made and confirmed in parliament , h. . ( which was thirty nine years before h. . ) as is evident by these authorities , which say that it was made . . de communi concilio regni . . per comune assent de tut le roiaume , en temps le rey henry nostre pere. . per le roy , piers & commune de la terre . notes, typically marginal, from the original text notes for div a -e my discourse . pag. . pag. . pag. . in the margin . pag. , . pag. . in the margin . pag. . in the margin . pag. . pag. . pag. . pag. , , . pag. . nota. when be agrees they understood not a word of english law or language . pag. . nota. as this is precarious , so it is certainly false and impracticable , and directly against domes-day-book , and the evidence and testimony of the historians and laws of that very time . gloss. pag. . nota. let him prove it to save his credit . nota. why then may not the like reason hold against the introduction of the commons to be first a part of parliament by the victorious and numerous barons after the battel of lewes , anno h. . pag. . they send out writs in the king's name to summon a parliament . a p. . dugd. baron , fol ● . col . . the probable cause that moved montfort to summon this convention . nota. how could that be , when the numerous barons ( as they say ) had all things in their power . b nota. here we have the original , and all the authorities and proofs that the commons ( as they would have it ) began by rebellion , h. . nota . for no man ever dream'd of such an origine before the doctor and his author only . pag. . pag. . in the margin . pag. . pag. . in the margin . pag. . nota. the original author of this fictitious change is quoted by camden , followed by sir. robert cotton ; but slighted , bafled , and proved evidently false by mr. selden in his titles of honour , f. . . and contrary to the course of histories and records of those ages . † nota. how came the doctor to quote sir robert cotton , since he is expresly against him ? for if what sir robert saith was true , the commons were first called to parliament by king henry , after the battel of evesham ; and then , not by the barons , nor in h. . and so they began , not by rebellion as the doctor and his author say . nota. nota. not a syllable of montfort's patern in any of his authors cited by him , except his own contemporary author . nota. all deceived by camden's author ; not an historian or any record mentioning one word of such an alteration , though several lived and writ in the very time . nota. the doctor fancies that the present constitution both of lords and commons began , anno h. . and after , and was setled by e. . and his successors ; but proves not a tittle of the matter of fact . nota. the doctor 's manifest error in making writs of summons to magna concilia to be summons to parliament . pag. . in the margine . nota. thus the doctor insers from this clause in the record : et tunc fiat eis super hoc justitia vocatis evocandis si necesse fuerit . the doctor 's jani anglorum facies antiqua , pag. , . nota. the doctor , to serve his turn , fondly designs to destroy magna carta of h. . and make e. . live before his father and grandfather were born . nota. a convincing argument that because the charter of h. . is enrolled by inspeximus , anno e. . in haes verba , henricus , &c. therefore it was properly his charter , and not h. . ibid. . nota. all this is to prop up a new and mistaken norton , that tenants in capite by military service only made the parliament , till h. . nota. here the doctor again refers to his mistaken writs of summons to great councils for parliaments , temporibus e . e. . e. . which he hath printed , and by them would give a colour to his and his author 's marvellous change of the ancient government of the kingdom , anno h. . never found out or discovered by any before . author of jani anglorum facies nova . notes for div a -e rot. clan . h. . in schedula . dugdale's origines juridiciales , fol. . col . . pag. . dugdale's origines jurisd . fol. . but to point out who they were ( viz. barones majores ) that had their first rise by writs of summons , until e. . and afterward , passeth my skill , there being no publick record that doth make mention of them till then except that of h. dugdale's pref. to his baronagium angliae , tom. . the doctor , pag. . nota. according to the doctor , mr. camden and his author speaks not any thing of the commons , but only of the lords and their peers . nota. the doctor and his author having tack'd and patch'd together the historian , and writs of summons to a parliament , h. . is their only evidence that the commons begun by rebellion in that very year . nota. these arguments , proofs and reasons , besides many more , the doctor hath unfairly concealed from his readers ; yet he hath published to the world his full and clear answer to my book , and particularly to the eighth and ninth arguments , wherein these authorities are urged : the doctor gives this answer in these very words , p. . his eighth and ninth arguments , also his first and second observations upon the whole matter , have nothing in them worth a serious consideration . in the northern kingdoms , adamus bremensis saith , that the bishops , after the people received christianity , were received into their publick councils . and loccenius reckons up , among the several estates , the bishops , nobles , knights and deputies of the country and cities . the learned author of the grand question , pag. . king james's first speech to his first parliament in england . pulton's stat. jac. c. . f. . king charles the first 's declaration to all his loving subjects , published with the advice of his privy council . exact collections of declarations , p. , . bracton , lib. . cap. . fol. . this authority the doctor took no notice of in my book . rast. stat. h. . sol . . . id. e. . c. . it is called , the laudable statute of magna charta . regist. fol. . rot. stat. . e. . m. . rot. parl. e . num . . dor . enprimes est accorde & assentu que la franchise de seint esglise & la grand chartre & la chartre de la foreste & les autres estatatz faitz per nostre seignior le roy & ses progenitors piers & la comune de la terre pur comune profit du people soient firmement gardez & maintenez en touz pointz . rast. stat. de an. e. . ● . . f. . it is accorded and assented that the franchize of holy church , and the great charter , and the charter of the forest , and the other statutes made by our ●overeign lord the king , and his progenitors , peers and the commons of the land , ●r the common profit of the people , be firmly kept and maintained in all points . rast. ●at . e. . c. . the laudable statute of magna charta , which statute was made ●r the great wealth of all this land ; and in affirmation of the said statute of the said ●reat charter , divers statutes have been afterwards made and ordained . . by a brief narrative of the manner how divers members of the house of commons, that were illegally and unjustly imprisoned or secluded by the armies force, in december, . and may . . coming upon tuesday the th of december . ... to discharge their trusts for the several counties and places for which they serve, were again forcibly shut out by (pretended) orders of the members now sitting at westminster, who had formerly charged the army with the guilt of the said force, and professed a desire to remove it, that all the members might sit with freedom and safety. published by some of the said members, in discharge of their trust, and to prevent the peoples being deceived of their liberties and birthright ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a brief narrative of the manner how divers members of the house of commons, that were illegally and unjustly imprisoned or secluded by the armies force, in december, . and may . . coming upon tuesday the th of december . ... to discharge their trusts for the several counties and places for which they serve, were again forcibly shut out by (pretended) orders of the members now sitting at westminster, who had formerly charged the army with the guilt of the said force, and professed a desire to remove it, that all the members might sit with freedom and safety. published by some of the said members, in discharge of their trust, and to prevent the peoples being deceived of their liberties and birthright ... prynne, william, - . [ ], p. printed for edward thomas, at the adam and eve in little britain, london : [i.e. ] by william prynne. huntington library copy has ms. date: dec. . running title reads: a brief narrative of the late forcible seclusion of the members, &c. annotation on thomason copy: "xber [i.e. december] "; the date has been crossed out. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no a brief narrative of the manner how divers members of the house of commons, that were illegally and unjustly imprisoned or secluded by the a prynne, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a brief narrative of the manner how divers members of the house of commons , that were illegally and unjustly imprisoned or secluded by the armies force , in december , . and may . . coming upon tuesday the th of december . ( upon the providential reducing of most of the army to obedience , by the immediate hand of god ) to discharge their trusts for the several counties and places for which they serve , were again forcibly shut out by ( pretended ) orders of the members now sitting at westminster , who had formerly charged the army with the guilt of the said force , and professed a desire to remove it , that all the members might sit with freedom and safety . published by some of the said members , in discharge of their trust , and to prevent the peoples being deceived of their liberties and birthright , for want of right information from those who were elected to represent them , but are forcibly excluded publick councils by some of their fellow members , particularly enumerated . habakkuk . , . spoiling and violence are before me , &c. therefore the law is slacked , and judgement doth never go forth ; for the wicked doth compass about the righteous , therefore wrong judgement proceedeth . london printed for edward thomas , at the adam and eve in little britain , . a brief narrative of the late forcible seclusion of the members of the commons house of parliament . god who never failes by terrible things in righteousness , to make his power and wisdome known to the sinful and rebellious world , having in a wonderful and unexpected way , without hands , or visible means , much broken and weakned that military power , which for eleven years imposed upon this nation at their pleasure , making themselves and their general councils ( a fabrick intended to give laws to the kingdome , instead of parliaments , ) the instruments of their own dissolution and confusion ; the officers with a fear when none pursued , leaving their commands , and the common soldiers wandring about the streets like sheep without a shepherd , ready for any new masters through want of pay , and the members of the house of commons now sitting at westm. being by divers rebukes , and dispersions from the army , prepared to entertain healing counsels ; there were high expectations raised in the good people of the land ( who had layen under the smart and burden of many years unsettlement , illegal arbitrary proceedings , and heavy unjust exactions ) that now the old parliament should again sit and vote freely , as they did before that great interruption in december . the miserable and fatal effects wherof have sadly exercised these three kingdoms ever since . but the ambition of some , and guilt of others representing a free parliament ( though the only probable means of our recovery and settlement , and therefore deservedly in all times the darling of the english nation ) to be a monster that would devour us and our liberties ; in clandestine meetings of some of the members with william lenthal esq ( who by continuing speaker longer than ever any did in england , hath sufficiently discovered to us the danger and mischiefs of such a president ) it was resolved , ( to prevent a free assembling of all the members ) to give secret summons to as many of an ingaged party as might make a house , to meet in the usual place at westminster , on monday the . of decemb. . about seven of the clock at night ( it being for the more close disguise published in the licensed diurnal the same morning , that they intended not to sit till tuesday the th . ) and accordingly by torch and candle light , ( in the same surreptitious manner as was done on the th . of may last , upon the armies invitation ) late in the night upon the said th . of december , the speaker , with about forty members more went from whitehall , ( where they met ) the back way thorough channel - row to the house , where they sate a good while , and setled the temporary conduct of the embrio army ( for it is yet to form ) in collonel okey , collonel alured , and some others , ordered monies for them , and adjourned till next morning : when , to avoid repetition , you shall have the names of those who appeared to sit , and may be guessed , but could not be so easily discovered to have sate the first night . on tuesday morning the th . of december , they made haste early to the house , whereof , and of the former nights practice , some faithfull members of the house , now eleven years secluded by force , having notice , as many of them as could suddenly get together , judged it their duty ( now that the house seemed by an admirable providence of god , to be delivered from that force and bondage they had been under so many years ) to attend the discharge of their trust for their country , and contribute their best assistance and advice for filling of the house , that by full and free councils the sad breaches of these nations might be made up , and our foundations setled . in pursuance of this their resolution there went to the house the persons following , viz. sir gilbert gerard . sir william waller . john crew esquire . arthur annesley esq serjeant maynard . mr. nathaniel stephens . mr. richard knightley . sir . anthony irby . sir john evelin of surry . serjeant waller . collonel leigh . mr. john nelthrop . sir john temple . mr. william prynne . mr. povey . mr. henry hungerford . sir . robert pye . mr. owfield . mr. charles pym . collonel lloyd , and mr. peck . mr. francis bacon , comming alone to demand his right , was excluded before they came . being come to the lobby door through a guard of souldiers that were upon the stairs , we knocked for admittance ; but the door-keeper having opened the door , and seeing us there shut it again , telling us , that he had orders to keep all the secluded members out ; we demanded , from whom ? he said , from the house ; yet two of us that were nearest the door overcame him with reason to let us into the lobby ; with which those that guarded the house door , being ( it seems ) alarum'd , ( for by the whole carriage of the business , it was apparent , they expected we would as heretofore continue our claim in the peoples behalf ) cryed out aloud , cooper , ( which was the name of the outward door-keeper , ) keep close the door , the house hath ordered that none of them should be suffered to come in , and will be very angry if you admit any of them ; whereupon he kept out all the rest , closing the door often upon them striving for entrance when others passed in or out . but those who had already got in , exprest a great resentment of this continued force upon the house , demanding if there were any there who could produce any warrant for what was done ? and telling the guards and officers , there , that it was strange usage to the members of the house , to deny them this privilege of entrance into the lobby , where the very footmen and others were freely admitted ; and how there were some antient members without , viz. sir gilbert gerard , mr. crew , mr. stephens , sir william waller , and others , who could not bear the crowd upon the stairs , and that we liked their company so much the better than what we found within , that unless all were admitted , we and the people took sufficient notice of the force , & affront , and would be gone . yet asked first for the officers that commmanded the guard , who were pretended to have orders for this force , viz. coll. okey , and coll. alured , who being ready at hand were presently brought to us , and after some expostulations , were so far convinced of our rude entertainment , that they caused the door to be open , and let the rest of us into the lobby . our next attempt was , to go into the house ; but then the said collonels desired us to forbear : we asked , by what warrant they kept us out whom they knew to be members , they having sworn obedience to the parliament ? they replyed , they had orders for what they did ; we desired a sight of them , and we would retire , and trouble them no further ; col. alured said , that their order was not about them : but some others , and one hage by name said they had verbal orders to keep us out ; at length col. alured told us , if we would rest our selves in the inner lobby , he would by the serjant acquaint the house of our coming , and demand of admitance ; and accordingly he went presently to the house door , and knocking , the serjant came to the door to him , but at the opening of it , seeing some of us there , offering to come in , held the door almost shut ; whereupon col. alured told him , that the members were come , and endeavoured to get into the house , desiring him to acquaint the speaker , and house so much , ( as some of the members did also ) which he promised , and immediately did , returning to the door , to tell us , that he had done so , and that the house had thereupon taken up the debate of that businesse , and the turn-key presently took the key out of the door , to prevent any further attempt of going in . col. ingolsby , whilst we were at the first door came in , who was the only sitting member that we saw , ( for none came out whilst we were there ; ) him we desired to acquaint the house with our attendance , and the force upon us , which he promised to do , and we believe did . having attended above an hour , with more distance and strangenesse , than ever we were used to , when we went on messages to the lords house , who usually came many of them out , and discoursed very familiarly with us ; whereas not one of these self-made lordlings ( whether out of pride , guilt , or both , let others judge ) vouchsafed to come neer us . we grew weary of waiting so long and servilly upon those who in their highest capacity are but our equals , though we had born it thus sar , to acquit our selves of neglecting no condescention , that might make way to the discharge of the trust we are in for our country . and therefore we made col. alured acquainted , that we were resolved to stay no longer , unless the house declared they desired we should ; whereupon he went again to the house door , which upon his knock being opened , he acquainted the serjant so much , willing him , to give notice thereof to the speaker , and members sitting : which he presently did , and within a short time after , the serjant came out to us , and having made a preamble , that he had no direction to come and tell us any thing , he told us of his own civility , that the house had possed a vote in our business , which in effect was , the appointing the fifth of january , to take it into consideration : which we looked upon as their confirming , and owning this forcible exclusion of us , and so departed . and because we are well assured , that care will be taken with the mercenary pens , to disguise and conceal this affair , as much as they can from the nations , since in the very journal book , all mention of our address and claim in the peoples , and our own rights , hath been industriously avoided , that we may discharge our trust , as far as we can , to the kingdom , we have given this account thereof , and shall now insert the order it self , with the names of the members present at the passing thereof . tuesday decemb. . . resolved by the * parliament . that on the fifth day of january next , this * house will take into consideration , the cases of all * absent members , and also how to supply the vacant places in order to the filling up of the * house , and that in the mean time it be referred to a committee to consider of all proceedings and all orders and cases touching absent members , and make their report at the same time , viz. mr. scot . col. feilder . mr. robinson . major salway . sr. james harrington . col. lister . mr. millington . sr. tho. widdrington . lord chief baron wild . mr. say . sr. tho. wroth. mr. skinner . baron hill . * earl of salsbury , mr. garland . col. harvey . mr. fagg , mr. solicitor reynolds . sr. john trevor . mr. lenthal . alderman atkins . mr. pury , mr. challoner . mr. carew ralegh . mr. oldsworth col. dove . col. eyres . col. peter temple . and the said committee are to meet this afternoone at two of the clock , in the speakers chamber ; and so de die in diem , and to adjourn from place to place . besides those named of the committee , there were present in the house , as the best information tells us , these following , viz. sir henry vane . col. henry martin . lord mounson . isaac pennington . col ingolsby . mr. john corbett . col. downes . mr. james temple . mr. cawley . col. white . col. sydenham . mr. robert cicill . mr. strickland . serjeant nicholas . so that it seems the whole number of the house who have made this high breach of the privilege of parliament were . which agrees with the entry of a division the same morning in the journal book , upon which there were . and . besides the tellers , making in the whole * . as for the dilatory order it self , ( wherein they make themselves alone our judges , being now our seeluders , ) we shall need say little to it , since it sounds forth its own emptiness , injustice and delusion ; yet we cannot but take notice of the little ingenuity appears in it , to call us absent members , whom they knew to be at the door claiming our right , and to talk of considering the cases of all absent members , when they knew above two hundred of us have no other case to be considered , but that which hath had a lamentable influence upon the whole kingdom , that is to say , our forcible exclusion : which by the course of parliamentary proceedings , they well knew , ought as the most fundamental privilege to be taken into consideration before all other matters , and not to be deferred to another day , much less for ten daies , when the members excluded by force attended in crowds at the door , for a removal of the force . but to say no more , we look upon it ( as subtilly as it seems to be carried ) as a discovery evident enough to discerning spirits , of an intention to deprive double the major part of the house of their liberty to fit , ( notwithstanding their undoubted right of being members , and counsellors of the kingdoms ) and to contract our free and full parliaments , in whose wisedom and faithfullness we have been safe and happy for many generations , to a scant , unsafe oligarchy , though this must not be known till the yoak is sitted for our necks , and a sufficient force setled on them . but since we are now excluded by the act of our fellow-members , we do expect ( and doubt not but the nation will do the same ) some account of the grounds and reasons ( if there be any , other than bare power and will ) why near three parts of four , yet living , of the members of the house of commons , who are of known faithfullness to their country , are thus debarred the liberty of discharging our trusts for those who have elected us , and suffer much by having none in publick councils to represent them , or be sensible of their grievances : and we hope whatever illegal impositions & burthens shall be laid upon the people , or pressures they do undergo during our inforced absence , we shall in the sight of god and man be clear from the blame of , though we make no further attempts to vindicate ours and the peoples rights in such way of address , ( to so few of our fellows ) as would set us below the dignity the peoples free choyce hath placed us in . and though we do not arrogate to our selves supreme authority , or the name of a parliament : nor with that formality used by our fellow-members now sitting , publish our resolutions or opinions to the kingdoms , yet we doubt not the people of england , and the rest of the nations in covenant with us , are now more quick-sighted than ever ( by the experience of many revolutions through male administration of government ) to put a right esteem upon transactions on all hands , and are by solemn oaths and obligations so sufficiently & clearly minded of their duty , & the right constitution of parliaments , that we shall have more need to perswade them to a wise moderation and discreet zeal , than have occasion to warn them of the danger they are in , to lose the liberties of freemen and parliaments for ever , and call upon them to assert those rights , which , though we will never betray nor yield up to any , yet we hold our selves obliged to let them know , we alone are not at present able to defend . we must not conclude , till we mind the people who have intrusted us , that in july . when both houses were under but a sudden , weak and transitory force , there was a judgement past in parliament in * august following , declaring the said force to be treason , and all votes , orders and resolutions passed whilst that force continued , to be null and void , for this only reason , because the parliament was under a force , and not free . and to look further back , because their order providentially reminds us , it may be remembred that the same . day of january in the year . upon a small breach of privilege , in comparison to this , made by the late king , in demanding only members of the house of commons , after a particular impeachment of high treason , without secluding any . it is declared by the house * that the same is a high breach of the rights and privileges of parliament , and inconsistent with the liberty and freedom thereof : and therefore this house doth conceive , they cannot with the safety of their own persons , or the indempnity of the rights and privileges of parliaments , sit there any longer , without a full vindication of so high a breach and a sufficient guard . and thereupon they adjourned into london , to sit in a grand committee , and made a high declaration , touching the said breach of privilege ; whereas above . of us living , stand still secluded , without the least offer of an impeachment . and which is a sad circumstance in the force , by which we are now secluded , some of them are actors in it , and now sitting in the house , or invited thither , who were very instrumental , in the late interruption , in october last , and in proceedings pursuant thereunto ; as if all crimes in members were venial , but a faithfull adhearing to oaths , trusts , and privileges of parliament unpardonable , charecteristical only of persons unfit to have a share in government , by the interest and judgement of those that forcibly secluded them , though called by the people to it . to conclude , we know not what can be added , to make this kingdom compleatly miserable , but that as the majority of the commons being forcibly excluded , the door is barred againg them , by a few ; so by the same power , such qualifications and tests may be imposed upon the body of the people , as may by being submitted to , deprive us of free parliaments for ever , and contract the suffrages of the people , into the disposure of a very few , to the smart and ruine of all ; which god in his mercy avert . for our parts , we shall have this comfort in the evil day ; if god for the crying abominations of the . kingdoms , shall bring it upon us , that we have with faithfulnesse given warning of the inundation , when the cloud was but of the bignesse of a mans hand , and done what we could to prevent it . finis . notes, typically marginal, from the original text notes for div a e- * so they stile and make themselves already . * if but an house , and that a very thin one , then no parliament as yet . * we were all present . * why the parliament , in the prologue ; and but this , and the house , twice in the body of this vote ? * if a commoner , no earl . * note , that of these . members , . were earls , uncapable of fitting as commoners ; . prisoners in execution , disabled to sit , whiles such : . or . no members of the old parliament , being elected since the kings death , by writs from the keepers of our liberties ; so as their legal number was but . at most , and so no house . * see the ordinance of aug , . * exact collection , p. , , , &c. a declaration of the lords and commons assembled in parliament. die lunæ . septemb. . whereas the lords and commons in parliament assembled, are informed that by the subtile and malicious practises of a popish and malignant party, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament. die lunæ . septemb. . whereas the lords and commons in parliament assembled, are informed that by the subtile and malicious practises of a popish and malignant party, ... england and wales. parliament. sheet ([ ] p.) printed for john wright at the kings head in the old bayley, london : . septemb. . title from heading and first lines of text. signed: ioh brown cler. parliamentorum. disclaiming any intention of confiscating welsh estates for the benefit of the scotch. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . wales -- history -- - -- early works to . scotland -- foreign relations -- wales -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament. die lunæ . septemb. . whereas the lords and commons in parliament assem england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . die lunae . septemb. . whereas the lords and commons in parliament assembled , are informed that by the subtile and malicious practises of a popish and malignant party , opposite to gods cause and the prosperity of this kingdome , it hath been insinuated and infused into sundry of the inhabitants of his maiesties dominions of wales , to dis-affect and poyson them against the proceedings of the parliament , that it was their intention to gratifie our brethren of scotland for their assistance in these our extremities drawne upon us by the said popish and malignant party with the estates and lands of the said inhabitants , which is so absolutely false that it never entred into their thoughts , and consequently needed no refutation : yet that the subiects of this kingdome , inhabiting within the said dominion of wales , may receive full and befiting satisfaction , and we and our brethren of scotland vindication against so foule and so barbarous an aspersion , the said lords and commons doe testifie and declare to all persons whatsoever to whom these shall come , that they doe much abhor and detest an act of such iniustice and inhumanity , and that they are so farre from doing any such thing , that if any of the said inhabitants upon due sense and sorrow for any of their crimes and misdemeanours committed against the present parliament , shall submit and apply themselves by humble petition to the parliament , and desire the favour of ; and reconciliation to the same , the said lords and commons will be thereupon ready to receive any and all such upon such reasonable termes as the wisdome of the parliament shall thinke in some measure proportionable to the qualities and degrees of their severall offences , and thereupon yeeld them all such aid and assistance as they shall reasonably desire , and the parliament be able to afford . provided alwayes that this shall not extend to any that are excepted from pardon within the propositions lately presented to his maiestie for a safe and well grounded peace . ioh brown cler. parliamentorum . london printed for john wright at the kings head in the old bayley . . septemb. . to the kings most excellent maiesty the humble petition of the major, aldermen, and common councell of the city of london. city of london (england). court of common council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the kings most excellent maiesty the humble petition of the major, aldermen, and common councell of the city of london. city of london (england). court of common council. sheet ([ ] p.) by r.c. for joh. bellamie, and ralph smith, printed at london : . "concerning ireland, the five members, etc."--steele. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . ireland -- history -- rebellion of -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to the kings most excellent maiesty. the humble petition of the major, aldermen, and common councell of the city of london. city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent maiesty . the humble petition of the major , aldermen ; and common councell of the city of london . may it please your most excellent majesty , the often expressions of your majesties gracious acceptance , of the manifestation of the petitioners duty , and loyalty , and the frequent declarations , of your majesties great care , of the good and welfare of this city , and of the protestant religion , and of protecting and preserving the persons and priviledges of your great councell , assembled in the high court of parliament . hath incouraged the petitioners , to represent the great dangers , feares , and distractions , wherein the city now is , by reason of the prevailing progresse , of the bloody rebels in ireland , fomented , and acted , by the papists and their adherents ; and want of ayd to suppresse them ; and the severall intimations they have had , both forraine and at home , of the driving on of their designes , tending to the utter ruine of the protestant religion ; and of the lives and liberties of your majesties loyall subjects , the putting out of persons of honour and trust from being constable and lieutenant of the tower , especially in these times , and the preparations there lately made , the fortefying of white-hall with men and munition in an unusuall manner , some of which men , with provoking language , and violence , abused divers citizens passing by , and the drawing divers swords , and therewith wounding sundry other citizens in westminster-hall , that were unarmed : the late endeavours used to the innes of court ; the calling in divers canoneeres , and other assistants into the tower , the late discovery of divers fireworkes in the hands of a papist , and the mis-understanding betwixt your majesty and parliament , by reason of mis-informations , as they humbly conceive . besides all which , the petitioners feares are exceedingly increased by your majesties late going into the house of commons , attended with a great multitude of armed men , besides your ordinary guard , for the apprehending of divers members of that house , to the indangering of your sacred person , and of the persons and priviledges of that honorable assembly . the effects of all which feares tend not onely to the overthrow of the whole trade of this city and kingdome , which the petitioners already feele in a deepe measure , but also threatens the utter ruine of the true protestant religion , and the lives and liberties of all your loyall subjects . the petitioners therefore most humbly pray your saecred majesty , that by the advice of your great councell in parliament , the protestants in ireland may be speedily releived ; the tower put into the hands of persons of trust , that by removeall of doubtfull and unknowne persons from about white hall , and westminster , a knowne and approved guard may be appointed for the safety of your majesty and parliament , and that the lord mandevile , and the five members of the house of commons lately accused , may not be restrained of liberty , or proceeded against , otherwise then according to the priviledges of parliament , and the petitioners , as in all duty bound , shall pray for your majesties most long and happy raigne . printed at london by r. c. for joh. bellamie , and ralph smith . . the fanatique powder-plot, or the design of the rumpers and their adherents, to destroy both parliament and people. vvith a caution against forged intelligence. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the fanatique powder-plot, or the design of the rumpers and their adherents, to destroy both parliament and people. vvith a caution against forged intelligence. l'estrange, roger, sir, - , attributed name. sheet ([ ] p.) s.n., [london : ] anonymous. attributed to sir roger l'estrange. imprint from wing. annotation on thomason copy: "march. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the fanatique powder-plot, or the design of the rumpers and their adherents, to destroy both parliament and people. vvith a caution against [l'estrange, roger, sir] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the fanatique powder - plot , or the design of the rumpers and their adherents , to destroy both parliament and people . vvith a caution against forged intelligence . that this nation hath been long miserable , under the power of a violent and restlesse faction , is clear to all such as are endued with memory , and reason : nor is it more superfluous , to reflect upon their pass'd miscariages , than necessary to take some notice of their later cheats , and insolencies . their design was , to fix themselves in a perpetual counsel ; contrary to oath , and law ; and to cut off successive parliaments . to carry on the project , they had armed all sorts of libertines , throughout the nation , particularly , threatning london with fire , and sword , if they should not comply . their barbarous purposes were disappointed , by the general's re-introduction of the secluded members : together , with the united rage of the people against them . in this hopeless and deserted condition , what they could not effect by open force , they attempted by treachery , and corruption . they used all art , and diligence , during the session , both to gain opportunities , and to emprove them ; but being over-voted in the main , they fell upon a more direct , and shamelesse method of villany . — they falsified the lists of the militia : — sollicited petitions from the city , for their continuance : — juggled the army-officers into a tumult : — employed their instruments to destroy the general ; — mutinyed the army , and the city ; and finally , they engaged a great part of the souldjery to remonstrate against the rest of the nation . but all too little , to prevent their dissolution ; or to disturb our hopes of settlement . the general hath approved himself , in the calm , steady menage of this wild affair , a person worthy of all the honour we can give him . these brutish libertines , — finding all their plots bubbled , — their mines vented ▪ — their party , weak and heartless , — themselves friendlesse abroad , and comfortlesse at home , — as guilty , and as desperate as cain ; after the sad despair of any the least benefit to themselves , they are yet pleased in the contrivance of our mischief ; they 're not dissolved , they tell us , — and attempt to meet again : that 's in vain ; and now they come to their last shifts . these sense lesse cox-combs offer the honest general the instrument of government ; as if , that noble , generous soul , were to be wrought upon , to prostitute his honour , and his safety ; and all this , to preserve a kennel of such reprobated , and ridiculous puppies . i wonder , seriously , how these pimps , and knights o' th' post , — scot , and his fellows , scape the fury of the people : that rabbit-sucking rascall , with his fellow cheats , and pandars ; these are the youths , gentlemen , that offer you like doggs , to any master , that will bestow the haltering of you . for shame , bethink your selves . to be as short as possible , thus far you're safe : but yet these tumblers have not shew'd all their tricks : their last recourse , is to the forgery of letters ; ( but so ridiculously framed , they are rather argument of sport , than anger : for the brewer is much better at a cheat , than at a stratagem ) there are diverse scandalous papers dispersed , in the name of the king ; and as the sense of the royal party . you shall do well , to take notice , that nothing of that quality , proceeds either from himself , or his friends . the project is phanatique , and tends only to hinder our expected , and approaching settlement . to mention one , for all ; there is a pamphlet of yesterday , entituled — — news from brussels , in a letter from a near attendant on his majestyes person , to a person of honour here — which casually became thus publique . do but observe this formal noddy , how he boggles upon the very title-page . — how casually , good-man sense-lesse ? did it drop into a printing house , and publish it self ? — his title is followed , with a suitable text ; of so pityfull an ayre , and fashion , i am ashamed to confesse the reading of it . indeed , i would advise the secretary , rather to return to his placket-politiques , for he is not half so good at state , as bawdery . to deliver his aim in other terms , for fear of giving the reader a vomit . the principal drift of his discourse is , to personate a royalist , charging the presbyterians with the murther of the king , and professing an implacable animosity against the whole party — not to employ more subtilty than needs upon so frivolous a subject . let this suffice . who murthered the king , the nation knows ; and who interposed to save him ; — who they are , that at this instant , oppose a settlement , and who desire it ; — nay more , we know , who cannot live under a peaceable government , and who cannot live without it : and it is fit to shew all honest people to distinguish . those , that have designed us for slavery , it is but reason to marque them out for justice : yet i should advise tenderness ; where by saving a few , infamous malefactours , we doe not hazzard a more considerable losse . he that forgives them , extends his charity , but he that trusts a man of them , betrayes his country . march . . finis . by the committee of safety of the common-wealth of england, scotland, and ireland a proclamation touching the summoning of a parliament. england and wales. committee of safety. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the committee of safety of the common-wealth of england, scotland, and ireland a proclamation touching the summoning of a parliament. england and wales. committee of safety. sheet ([ ] p.) printed by henry hills, and john field, printers to the committee of safety, london : [ ] dated at end: given at whitehall this . day of december. . annotation on thomason copy: "xber [i.e. december] . .". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the committee of safety of the common-wealth of england, scotland, and ireland. a proclamation touching the summoning of a parliament. england and wales. committee of safety. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the committee of safety of the common-wealth of england , scotland , and ireland . a proclamation touching the summoning of a parliament . the council of officers of the army , upon consideration of the present condition of affairs in this commonwealth , and the great distractions now fomented by the enemies thereof ; and being satisfied that the most probable means under god for the appeasing of all discontents , quieting the peoples minds , and preserving of their spiritual and civil rights and liberties , will be , that a parliament , without a single person as chief magistrate , kingship or house of peers , may speedily be called , who , through the gracious assistance of our god , may proceed to such a settlement of the government of this commonwealth , as may be for the security of the cause wherein the good people of these nations have been , and still are engaged ; and that their intentions of setting up the civil authority , and being subservient thereunto may be brought to effect , they have held it their duty by all good means within their power to be instrumental in procuring the same , and in order thereunto , have made known to the committee of safety their desires herein ; and that the committee would take speedy order that the same may be put in execution for the ends before mentioned . whereupon this committee being ready to contribute their utmost endeavours in so good a work , and so much tending to the satisfaction of all good men , and to the preservation of the peace , liberties and rights of this commonwealth , have thought fit , and do hereby publish and declare , that writs under the great seal of england , shall forthwith be issued for the summoning of a parliament , as aforesaid , to be held in the usual place at westminster , upon the four and twentieth day of january next ensuing ; and this committee do hereby exhort and require all persons of what condition soever , that in the mean time they do not act or promote any thing to the disturbance of the publique peace , but that they do demean themselves peaceably according to the law , expecting and resolving to submit unto what the parliament shall in their wisedom think fit to order concerning the great affairs of these distracted nations , wherein they humbly pray and hope that the lord will be pleased to vouchsafe his gracious presence and assistance . given at whitehall this . day of december . . ordered by the committee of safety , that this proclamation be forthwith printed and published . will. robinson , clerk of the committee of safety . london , printed by henry hills , and john field , printers to the committee of safety . a proclamation. although it can no way be doubted, but that his majesties right and title to his crowns and kingdoms, is, and was every way compleated by the death of his most royal father of glorious memory, without the ceremony or solemnity of a proclamation, yet since proclamations in such cases have always been used, to the end that all good subjects might upon this occasion testifie their duty and respect; ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a proclamation. although it can no way be doubted, but that his majesties right and title to his crowns and kingdoms, is, and was every way compleated by the death of his most royal father of glorious memory, without the ceremony or solemnity of a proclamation, yet since proclamations in such cases have always been used, to the end that all good subjects might upon this occasion testifie their duty and respect; ... england and wales. parliament. house of commons. sheet ([ ] p.) printed by edward husbands and thomas newcomb, printers to the commons house of parliament, london : [ ] title from caption and opening lines of text. "though the kings right was complete by his father's death, yet since 'armed violence' has deprived them of the opportunity hitherto, the lords and commons, with the lord mayor, &c., of london and others, proclaim that the kingdome came to him on his father's death, and that he is king of england, scotland, france, and ireland, &c." -- cf. steele. order to print dated: tuesday may , . signed: will: jessop clerk of the commons house of parliament. reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . england and wales. -- sovereign ( - : charles ii) -- early works to . great britain -- history -- charles ii, - -- early works to . a r (thomason .f. [ ]). civilwar no a proclamation. although it can no way be doubted, but that his majesties right and title to his crowns and kingdoms, is, and was every way england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms a proclamation although it can no way be doubted , but that his majesties right and title to his crowns and kingdoms , is , and was every way compleated by the death of his most royal father of glorious memory , without the ceremony or solemnity of a proclamation , yet since proclamations in such cases have been always used , to the end that all good subjects might upon this occasion testifie their duty and respect ; and since the armed violence , and other the calamities of many years last past , have hitherto deprived us of any such opportunity , wherein we might express our loyalty and allegeance to his majesty , we therefore the lords and commons now assembled in parliament , together with the lord mayor , aldermen , and commons of the city of lo●don , and other freemen of this kingdom now present , do according to our duty and allegeance , heartily , joyfully , and unanimously acknowledge and proclaim , that immediately upon the decease of our late soveraign lord king charls , the imperial crown of the realm of england , and of all the kingdoms , dominions , and rights belonging to the same , did by inherent birthright , and lawful and undoubted succession , descend and come to his most excellent majesty , charls the second , as being lineally , iustly , and lawfully next heir of the blood-royal of this realm ; and that by the goodness and providence of almighty god , he is of england , scotland , france , and ireland , the most potent , mighty , and undoubted king : and thereunto we most humbly and faithfully do submit and oblige our selves , our heirs , and posterities for ever . god save the king . tuesday may , . ordered by the commons assembled in parliament , that this proclamation be forthwith printed and published . will : jessop clerk of the commons house of parliament . london , printed by edward husbands and thomas newcomb , printers to the commons house of parliament . double your guards; in answer to a bloody and seditious pamphlet, entituled an alarum to the armies of england, scotland, and ireland. l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) double your guards; in answer to a bloody and seditious pamphlet, entituled an alarum to the armies of england, scotland, and ireland. l'estrange, roger, sir, - . , [i.e. ], [ ] p. [s.n.], london : printed in the year, . published anonymously. pages - misnumbered - . annotation on thomason copy: "april. ". "an alarum to the armies of england, scotland, and ireland" remains untraced. reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . alarum to the armies of england, soctland, and ireland. great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no double your guards;: in answer to a bloody and seditious pamphlet, entituled an alarum to the armies of england, scotland, and ireland. l'estrange, roger, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion dovble your guards ; in answer to a bloody and seditious pamphlet , entituled an alarum to the armies of england , scotland , and ireland . london : printed in the year , . double your guards , &c. this last weeke , has brought to light two pamphlets ; so exquisitely impious , as if they had been fram'd in hell , by oliver , and bradshaw . they speak the language of the damned ; horrour , despayres , and desolation . these goodly pieces are christen'd ; plain english , — & an alarum . i suppose they are twinns ; the issue of the same brayne , as they are related to the same maine end . i had nigh finish'd a reply upon the former , when the latter came to my hand : comparing which with the other ; i find they correspond , so aptly , and so universally , to the same seditious purpose , that there 's not any interest ' scapes their malice , and attempt . they advance their dispute , and march together ; that what they cannot gaine by force of argument , they may be ready to essay by dint of sword . their plain english ; is a reasoning of the case . first with the generall ; claiming , from his engaging for the publique liberty ; a title to his ayde in favour of a private , and enslaving faction . it labours then , to puzle the presbyterian into a jelousie of the kings faith , and honour ; and consequently , into a doubt of his own safety ; should his majesty be restored . nay , not content to blaspheme the kings integrity , by a bold censure of his secret thoughts : the shamelesse beast , ( the authour of it ) sticks not to charge the secluded members , with the guilt of the kings bloud , upon a sencelesse inference drawn from the declaration of both houses in . touching the reasons of the votes for non-addresse . his ayme is here to perswade them , to accuse themselves . how those votes were obtained , i have shewed at large : ( in a print entitled treason arraigned ) and it suffices ; the whole nation knowes , that though the plague was in both houses then ; yet all were not infected . the rumpers only had the tokens : ( nor all these neither ) so that at last , the seclusion of so many as opposed the capitall prosecution of the king , amounts to a clear act of discrimination ; a separation of the cleane from the uncleane . having there set the presbyterians at work , upon the question of interest , and safety ; ( and after many a lame complement to his excellency ) he cuts out worse employment for the phanatique souldiery : and at the same time , breathing hot , and cold : — reason , and mutiny ; he sollicites the generall into a complyance , and the army into a tumult . to disabuse the multitude ; ( if any should be mad enough to be deluded by so grosse a cheate ) i 'll lay the juggle open , in as few , and familiar words as possible . the title speakes the businesse of the pamphlet : ● ( 't is an alarum , ) and the application , — ( to the officers , and souldiery , &c. ) the malice ; there 's treason in the very face on 't : if the first two words cost not the nation a hundred thousound lives , 't is not the authors fault . his second page , places the legislative power in the army , challenging their promise ; that before they would suffer themselves to be disbanded , or divided , they would see the government of these nations establish'd upon the just and secure fundamentals , and constitutions of freedome and safety to the people , in relation , as men and christians , and that in the way of a common-wealth , or free-state-government , without a king , single person , or house of lords . these gentlemen ( i see ) resolve to be their own carvers ; not suffer themselves to be disbanded ? this rump , would be a perpetuall army , as well as a perpetuall parliament . let the nation observe now the quality of this suggestion . first , by the law of armes , 't is death ; that , which these fellowes would engage the army in : that mutiny against their generall . ( for they give him for lost . ) next , 't is treason , by the law of the land ; the vsurpation . thirdly , 't is murther . murther , intentionall , in the bare conception of it ; and actuall , sure enough , so soon as that intention is but knowne . now let us weigh the benefits it brings , against the crimes , and dangers that attend it . freedome , and safety , to the people , both as men , and christians . there 's the proposition . freedome , there can be none , to the people ; where a particular , and little party pretends to impose upon a number times greater , and enslave them . nor safety : where in that disproportion the nation is engaged against a faction : and every sword that 's rais'd against it , carryes damnation upon the point on 't . neither doe they act as men . man , is a reasonable and sociable creature . here 's a designe , that breakes the bond of order : and betrayes a manifest folly , by a contrivance so impracticable , and mischievous at once ; idly to labour the saving of a few , guilty persons , at the price of an universall , dissolution . for christianity ; either my bible's false , or their opinion , that shall pretend to raise a christian government , upon a basis of rebellion , and bloudshed . from hence , the terrible trifle proceeds to the distribution of his designe into three heads . first , what thecavalier sayes . secondly , what the presbyterian thinkes . thirdly , what the armyes best friends , ( scornfully called commonwealth-men , and phanatiques ) doe foresée , concerning the present transactions in the three nations . and lastly , his own observations , and seasonable advice . he tels us , the cavaliers opinion , that the generall's intention is to bring in the king , and grounded upon these reasons . first , that upon the th . of february last , he sent an imposing letter to the parliament , ( in scorne called the rump ) and thereupon , ( without any order from them marched with their army into london , then esteemed and made by him , ( in destroying their gates , &c. ) their implacable enemies ; and at night suffered so many bonfires , and ringing of bells , and publiquely drinking healths to the king , and a frée-parliament ; rosting , and burning of rumps ; hearing , and seeing his masters in open street declared murtherers , and traytors , &c. — feasted , and associated with the kings friends , &c. this is a grievous charge , assuredly : but not vnanswerable ; and ( by the licence of our observator . ) this i reply . the generall's commission expired upon the tenth of february , so he was free , the eleventh . again , it was the designe of the rump , to make the generall odious , and therefore they imposed upon him such barbarous orders as probably might leave him no retreate . while he professed to act by any derivation from them ; malice it selfe cannot but say his excellency stood firme to every point of military obedience : at last , when they proceeded so severely against the city ; he interposed ; but his mediation was rejected ; and more imperious commands sent to him , this is enough to prove , 't was not the generall that made london the rumps implacable enemies : but 't was the sordid insolences of the members , that made the conventicle hatefull , to the whole kingdome , and this appeared , by the vniversall joy that followed upon their disappointment . if the rump at westminster , did by a simpathy , fellow-feele the suffering rumps in the city ; the case indeed was hard ; but for the rest the murtherers , and rebells they were call'd , — methinks it should not trouble folkes to be call'd by their names : ( that 's only liberty of conscience , and i dare say , the people spake as they thought . ) are these gentlemens eares so tender , and their hearts so hard ? is the sound of treason and murther so dreadfull and the exercise of it so triviall ? — i must confesse , to stay away ten dayes together ; ( from the th of feb. till the as that his masters charge him with ) was something a long errand . but seriouslly , gentlemen , considering 'twas his first fault , forgive him . ( true , if he kept lewd company , ( cavaliers , ) as you say he did ) i ha' no more to say . the second motive to the cavaliers discourse , ( that his excellency will restore the king ; ) is that notwithstanding his engagement , by letter , and verball promise to his masters ( that had ventured their all to secure him from being ruin'd by lamberts army , he yet admits the secluded-members to sit . — ( most of whom , he absolutely knew to be for the restauration of charles stuart , ) &c. to this ; it is notorious ; that designes were laid to murther the generall ; that the rump received , and kept in members impeached : that they promoted , and gave thanks for barebones petition : containing matters of direct contradiction to their professions . in the next place ; instead of the rumpers saving the generall from being ruin'd by lambert , that generall saved them and touching their opinions , of ( charles stuart ; as this villaine prates ) the king . the noble generall regarde their trust , not their opinions nor did he enquire what they were . thirdly ; ( say they ) the generall will bring the king in , for he ; hath suffered the secluded-members to release sir george booth , and his party , &c. — again ; they have ( de novo ) voted the covenant to be printed , read , and set up-and — acknowledging the late king's posterity : — as likewise suffering to be maintained in the house , that none but jesuites and priests are for free-state-government . — observe yet further , ( sayes the cavalier ) that he imprisons common-wealth-men , and releases royalists , &c. these rumpers have gotten such a trick of breaking parliaments that 't is their publick profession now become to enforce them to the bent of the army . suffer , still is the word . the generall suffered the secluded members to release sir george booth ▪ — the next point , is yet more remarkable : these very covenanters abjure the covenant . — as for the suffering ( there 't is again ) to be maintained , that onely jesuites and — the generall is not properly to take cognisance of what passes in the house . ( the king was chidden for 't ( exact collections ; see the petition of both houses de. . . ) — now for imprisoning , and releasing . if it so happen , that some common-wealth-men deserve to be laid up ; and some royalists to be enlarged ( not as such ) it is but justice to do the one , and the other ; for at the rate of this subtle argument ; free-state-men shall be protected against the law , and royalists so persecuted likewise . lastly , the cavaliers conclude as much from the generals countenancing the militia ; being raised and formed to murther , and destroy the army — and that the same thing was done long since in scotland : — besides , the irish army have proceeded answerable to himself . — and divers officers that served the late king have had fair promises from him , — and severall of the kings friends are peaceably returned from exile , &c. — and again ther 's a proviso in the act of dissolution , concerning the lords being a part of the parliament , &c to be short , — the generall encourages the militia to save the countries , not to ruine the army , — next ; if long since done in scotland , the better done , the sooner : for england hath been only rump-ridden , for want of it . to this the conforme motion of ireland , proceeds from their commune commens with england in delivering themselves from the tirunny of the rump , for the generalls promises ; i am glad to hear it , but truly i know nothing of it . in truth 't is a sad businesse , alderman bunce his return , and the proviso in the act of dissolution , ( for certainly by the known law , the lords are no part of the parliament . ) to speak my thoughts freely ; i am very glad to hear that the cavaliers are of opinion , that the king will come in but i beleive it never the more for your saying it . now to the sober presbiterians : they ( says our phanatique ) begin to suspect the generall : for the cavaliers are at this instant arming themselves in all the three nations , &c. — and if charles stuart comes he 'll bring with him arch-bishops bishops , &c. — and then in comes his mother — with her jesuites , priests , &c. — and this will make little difference betwixt us , and the sectaries . now do i dote upon the sincerity of this bubble , had he pretended to religion himselfe ; had been rediculous , but putting that scruple upon the sober presbyterian , 't is well enough . the story of the cavaliers arming themselves , is a phanatique not a presbyterian conceipt , as to the queens bringing in jesuites , &c. it needs not , the independents have enow for her majesty and themselves too . ( how the changeable butterfly flutters from party to party , and whereever he seizes , he stains . ) as to his concluding opinion , that the king will put no difference , he may live yet to change that opinion . he comes next to the armies best friends , ( as he terms them ) and they preach nothing but fire , and sword , if ever the king come . oh this pestilent militia ! alas poor phan. does it bite . away with your improbable lies : the secluded members threaten the army . yes 't is a likely matter . come gentlemen you are safe , if you continue honest , and lost without it . do not you know that these very persons that now flatter you , are the people that have taken your meat out of your mouths ; that have received sufficient for six armies from the nation , and yet have left you monilesse , and ready tu perish for want of bread ? nay suppose their arguments were more rational then they are , and that the king were a person , as famous for cruelty as he is for clemency , you were still safe . you are below the stroke of revenge . they are fearfull for their own heads , and pretend to concern themselves for you . they talk of treachery , in case you should recede from their designs : they tell you of engagements , promises , &c — and so do i . remember but your oaths and covenants , and if you do , you will not mix with them ; they promise you the glory of after-ages : yes you shall be renown'd with flame and hell too , if you engage with th●se desperadoes look back into old stories ; enquire into the different reputation of the brave mayor that kill'd the rebell-patriot , and of the libertine himself that fell ; ( a martyr , your hot headed counsellour would call him ) are you ambitious to be chronicled with jack of leyden , knipper ▪ dolling , cade , tyler , ravillag , baltazar gerard , &c. desire your brainsick illuminates to tell you muncer's story , go to , beware of separating . remember them that cried you take too much upon you ye sons of levi : the congregation is holy every one of them , and the lord is among them . to come a little nearer home . reflect upon the ashes decas'd patrons of their franteck zeal . their very flesh is not more putrid then their memories . come nearer yet , & look impartially among your living partizans ( i speak of such , as our pamphleter stiles patriots ) do not you find them cloth'd with the spoyls of widows , and of orphans ? nay look into their morals , even toward those , that with the losse of bloud , and peace have rais'd them : how thanklesse , and how avaritious are they ? examine now their principles of courage , and their military virtues : do they not sneak into committees , and there , dispose of all the advantages of your vnchristian hazzards ? yov kill the heir , but they possesse the inheritance . having aboundantly perplex'd the minds of his weak brethren , hee 's as intent , now , how to intangle the interests of the nation . the man is willing to do any thing , that may help on the work of undoing all ; and here , hee 's ballancing accompts : — casting up , how many millions will pay the court-debts ; and repair the losses of his majesties friends . for that , i think the next parliament may as well compose the difference , as either he , or i. this only i may say , 't is not the care of the publick which imploys him so much : his sinnes are greater than he can bear . ail this is nothing , compar'd with what he ha's yet to tell you . observe him well , and ask him , how he looks when he lyes ? vpon his knowledge , the militiaes are resolved to cut the souldjours throats in their beds . why does he not discover who they are ? still the bloody th . and th . of february runs in his head ; the villanies of that night , how hardly does he disgest them ! and then , the catalogue of saints , ( the holy-ones of the rump ) that nettles the bumme terribly . that , marques them out for a massacre , he sayes . the worthyes have behaved themselves well the mean while , that call themselves the people . why , at the worst , if the people have a mind to destroy themselves , they cannot begin better than at the rump ; that 's a good way from the heart . now have a care , for i 'll hang you , in a rope of your own twisting . the story of your governour is every bodies tale . i 'll only take the applicable part ; we love the treason but we hate the traytor . 't was you btray'd your countries trust to the army . they love the treason , but they hate the traytour . ( 't is as fit , as if it had been made for you ) now your advice ; which is scarce worth a fee ; for — you propose things impossible ; rendezvoz first , you say : why you phansy ( sure ) that the general is of the plot ; and that his officers are all mad ; and then you propose a confederacy , as 't was at new-market : your little agitators , &c. — phy , phy ! gentlemen , here 's the difference of the case , the nation then , was with the revolted party against the great ones : now ; they 're vnanimously against you ; in any such design . your general is a gentleman , and a souldjer : and every man that is either , ( in the kingdom ) will dye at 's feet : his officers are persons that understand honour , and the discipline of war . there 's not ● man among them , but when he comes to passe a sober thought , upon so base an action as a munity , would rather perish , than promote it . beside ; you are discovered with the first breath that utters the least syllable , tending to a conspiracy . could i believe , the conscience of that traytor that advises you to this , would let him sleep , i should believe his counsel but a dream , 't is so remote from any due coherence of right reason . come ; shall i counsel you a little ? be obedient to your superiors ; compassionate to your country ; just to your equals ; in sine ; serve god , and honour those whom he hath set over you for your good . 't is not the fool 's ●eviling of his betters , that mends your cause , or makes ours worse . there are ( as he saies ) ropes twisting , i believ 't , ( and there the man 's a conjurer ) but they are preparing for such imps as himself . he tells you ; gallows are setting up for the executions of your friends ; ( and he accounts himself one of your friends ) who knows what may come ou 't ? he concludes with a proverb . men armed , are seldome harm'd . take mine too ; and so shall i conclude . save a thief from the gallows , and he 'll cut your throat . april . libido dominandi , causa belli . be it enacted by this present parliament, and by the authority thereof, that this present easter term . be continued to all intents and purposes, as if judges authorized by acts of parliament sate in court. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ *]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ *] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ *]) be it enacted by this present parliament, and by the authority thereof, that this present easter term . be continued to all intents and purposes, as if judges authorized by acts of parliament sate in court. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london : . order to print dated: the th of may . signed: jo. phelpes, clerk of the parliament pro tempore. annotation on thomason copy: "may ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ *]). civilwar no be it enacted by this present parliament, and by the authority thereof, that this present easter term . be continued to all intents and england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion be it enacted by this present parliament , and by the authority thereof , that this present easter term . be continued to all intents and purposes , as if iudges authorized by act of parliament sate in court . ordered by the parliament , that this act be forthwith printed and published . passed the th of may . jo . phelpes clerk of the parliament pro tempore . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , . die jovis, . may . ordered by the lords and commons assembled, that there be a stop and stay of demolishing, or defacing of, or committing waste in the houses and lands, or any of them belonging to the kings majestie that are not sold ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, . may . ordered by the lords and commons assembled, that there be a stop and stay of demolishing, or defacing of, or committing waste in the houses and lands, or any of them belonging to the kings majestie that are not sold ... england and wales. parliament. sheet ([ ] p.) printed by john macock and francis tyton, printers to the house of lords, london : . title from caption and opening lines of text. "all waste in crown houses or lands to be stopped. no timber or woods to be felled or removed till the king's pleasure is known." -- cf. steele. order to print dated: die veneris, maii, . signed: jo. browne, cleric. parliamentorum. annotation on thomason copy: "may ". reproduction of the original in the british library. eng england and wales. -- sovereign ( - : charles ii) -- early works to . clearing of land -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, . may . ordered by the lords and commons assembled, that there be a stop and stay of demolishing, or defacing of, or commit england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms die jovis , . may . ordered by the lords and commons in parliament assembled , that there be a stop and stay of demolishing , or defacing of , or committing waste in the houses and lands , or any of them belonging to the kings majestie that are not sold ; and that no timber or woods be felled or cut down off any of the said lands , or any part of any of them ; and that no wood or timber felled and now remaining there , be taken away or removed from the said lands . and this to continue untill the pleasure of the kings majestie be further signified concerning the same ; and all persons whom it may concern are hereby required to yield obedience to this order . die jovis , may . . ordered by the lords in parliament assembled , that this order be forthwith printed and published . jo. browne , cleric . parliamentorum . london , printed by john macock and francis tyton , printers to the house of lords , . two letters from vice-admiral john lavvson, the one to the right honourable, the lord mayor of the city of london; to be communicated to the court of aldermen, and common-council of the said city. the other, to the honorable the commissioners for the militia of the city of london. dated december the . . lawson, john, sir, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) two letters from vice-admiral john lavvson, the one to the right honourable, the lord mayor of the city of london; to be communicated to the court of aldermen, and common-council of the said city. the other, to the honorable the commissioners for the militia of the city of london. dated december the . . lawson, john, sir, d. . sheet ([ ] p.) s.n., [london : ] imprint from wing. expressing his confidence in them and the willingness of the navy to assist them. annotation on thomason copy: "xber [i.e., december]. ". reproduction of the original in the british library. eng corporation of london (england) -- lord mayor -- early works to . corporation of london (england) -- court of common council -- early works to . corporation of london (england) -- committee for the militia -- early works to . england and wales. -- royal navy -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no two letters from vice-admiral john lavvson, the one, to the right honourable, the lord mayor of the city of london; to be communicated to th lawson, john, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion two letters from vice-admiral john lavvson , the one , to the right honourable , the lord mayor of the city of london ; to be communicated to the court of aldermen , and common-council of the said city . the other , to the honorable the commissioners for the militia of the city of london . dated december the . . my lord , vvhen alderman fook , and the other two worthy gentlemen commissioners were here from your lordships court of aldermen , and common council , the th instant , they acquainted me , and the officers present , with what they had in their instructions ; and also propounded , that we would appoint some number , to joyn with the like number , in the behalf of the city , telling us , that the like proportion was sent to portsmouth for an equal number in the behalf of the army ; and that these commissioners in beha●f of army , city , and navie , might advise together , consider and agree of some things to be offered to the parliament , in order to the settlement of the government of the nation ; unto which we promised to return you answer by some of our own within few days , which we give as followeth , that the parliament being now returned to the exercise and discharge of their trust and authority , we are bound by duty , as we are servants to them and the commonwealth , to yield obedience to them , and to acquiesce in the judgment of parliament , as to government . and as we have publiquely disclaimed the interest of charles stuart , and all his adherents , or any interest that shall adde thereunto ; so we humbly apprehend , if your lordships court of aldermen , and common council , improve your authority in the government of the city against charls stuarts party , by a total , absolute , and publike disowning and discounterancing of them , and joyn with us in a due submission to the parliament , it would be a great demonstration of your affections , and adde much to the strengthning their hands in the settling of the peace of these nations , and abating the taxes and burthens of the people , and advancing the trade of your city in particular , and the nation in general ; and in these things , through the lords assistance , we shall contribute our utmost endeavours . i remain , my lord , your very humble servant , john lawson . james off gravesend , . decemb. . vice-admiral lawsons letter to the commissioners of the militia of london . gentelmen , i received yours of the th instant by these four gentlemen my worthy friends , and therein cannot but take notice of your great respect both in your letter , as also by the gentlemen , and do rejoyce at your chearfulness and forwardnesse in helping to carry on the work of god , in securing his cause , the interest of christ and his people in their civil and religious concernments , and doubt not of your persisting therein : and i trust the lord will crown yours and others endeavours with good and comfortable issues ; amongst whom , my self and officers here shall be found ready to contribute to the utmost of our capacities ; and if in any thing we may adde to your assistance , you may be very confident of our forwardness : i have not further , but what these gentlemen will acquaint you withall , and that i am james off gravesend , . of decem. . your assured loving friend and servant , john lawson . a congratulation to our newly restored parliament of the common-vvealth of england. w. h. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a congratulation to our newly restored parliament of the common-vvealth of england. w. h. sheet ([ ] p.) printed by j.t., london : in the year . verse - "hail, sacred common-weal; for sure thou art". annotation on thomason copy: "june ". l copy stained with loss of imprint. reproduction of the original in the british library. eng england and wales. -- parliament -- poetry -- early works to . a r (thomason .f. [ ]). civilwar no a congratulation to our newly restored parliament of the common-vvealth of england. w. h a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a congratulation to our newly restored parliament of the common-vvealth of england . hail , sacred common-weal ; for sure thou art the joy and comfort of each honest heart . how wert thou clouded in thy virgin-birth , that made our zion soon lose all her mirth ? thou first-born of great jove , and yet kept under by sons of earth , which was our greatest wonder ; but now it doth revive our hearts affection , to see again thy much wisht resurrection . can a true english heart now silent be , being freed from bondage and from tyrannie ? and will it not lowd paeans sing ? and shout forth praises to our heavenly king ? what makes our muses silent now to be in this great change ? were all for monarchie inspir'd and tun'd ? athens i 'me sure free state brought forth great captains , as well men of pate . your fountain's dry , or else your great pan's dead , are all come life-lesse sourls ha'ing lost your head ? or has the second birth of our free-state sent ye all packing hence , and wrought your fate ? some say that in a free-born common-weal wits will increase , and come more liberal . that all are silent struck , i much admire ; did interest or gain your souls inspire ? if your great heroe were alive agen , hee 'd little thank such mercenary men , that clawd the father , and when he was gon , eat up their words , and then forsook his son . sure it is just that each one should inherit the due reward of his great acts and merit . and though great caesar vow'd romes slavery , yet rome grew great by caesars gallantry : his fault was caesars , aiming at a crown , t' enslave the publick , tread our freedoms down . but who would not of men a caesar be , so sweet is rule and royal soveraigntie ? but thanks great senators , who 'd not forgot out publick freedoms , nor the common plot of the stout royalists both new and old , that to enslave us all were grown so bold . blessed be providence 'cause ye again up stand without new wars , by small help of mans hand . be wise then now ye rulers , kisse the son , be not self-seekers , but let all be don in righteonsnesse and justice unto all , then by the hands of foes you shall not fall ; and let th'oppresseds loads be laid aside ; let trust and charge in honest hands reside . so will you flourish , and the world shall see the righteous fruits of your new olive-tree : and then i le say , predict and prophecy , your state will stand to perpetuity . so prayeth w. h. london , printed by j. t. in the year . for our faithfull and ever honored commanders, the right honorable his excellency, sir thomas fairfax, major generall skipton, lieutenant generall cromwell, presented to them in the behalfe of eight regiments of horse, by three private soldiers, who were sent from the quarters by the soldery of the forementioned regiments, wherein they manifest to the world their reall affections to this common-wealth, and their forward and brotherly assistance, towards the reliefe of ireland: if not by some diverted this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) for our faithfull and ever honored commanders, the right honorable his excellency, sir thomas fairfax, major generall skipton, lieutenant generall cromwell, presented to them in the behalfe of eight regiments of horse, by three private soldiers, who were sent from the quarters by the soldery of the forementioned regiments, wherein they manifest to the world their reall affections to this common-wealth, and their forward and brotherly assistance, towards the reliefe of ireland: if not by some diverted sexby, edward, d. . sheet ([ ] p.) s.n., [london : ] at end: these three gentlemen soldiers whose names are hereto subscribed, delivered the letter in be halfe of the whole, edward sexby. will. allen, thomas sheppherd. imprint from wing. annotation on thomason copy: "london about ye th of may ". reproduction of original in the bodleian library, oxford, england. eng england and wales. -- army -- early works to . levellers -- early works to . ireland -- history -- - -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no for our faithfull and ever honored commanders, the right honorable his excellency, sir thomas fairfax, major generall skipton, lieutenant ge [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion for ovr faithfvll and ever honored commanders , the right honorable his excellency , sir thomas fairfax , major generall skipton , lieutenant generall cromwell , presented to them in the behalfe of eight regiments of horse , by three private soldiers , who were sent from the quarters by the soldery of the forementioned regiments , wherein they manifest to the world their reall affections to this common-wealth , and their forward and brotherly assistance , towards the reliefe of ireland : if not by some diverted . may it please your honours , wee who have ( for these two yeares , past ) been by your honours conducted through many dangers , and by providence have been hitherto protected , who have often seen the devouring sword of a raging enemy drawn forth against us , threatning destruction to us , and now see them vanquisht , and our selves seemingly setled in peace and safety , are yet sensible of a more dangerous storme hanging over our heads , then ever the malice of our open enemies could have contrived or their fury c●used to fall upon us , which unlesse diverted , strikes not only at our liberty , but also at our lives . to whom ( next to our m●ker ) shall we fly for shelter but to your honours , our patrons , and protectors , from what secondary meanes shall we expect our deliverance , but from that hand that hath so often been ingaged with us ? and from that heart that hath as often been so tender over us ; and carefull for our securities . can we suffer and you not sympathise ? can we be proclaimed rebels and your honours remain secure ? ah , dear sirs ! let your wonted care for us be further demonstrated , cease not to speak for us , who together with your selves , and in obedience to your commands , have adventured all that is deare to us , for the kingdomes safety . hath any thing been desired by us that hath not been promised us , or then wee have just cause to expect , if there hath , then let it and the authors thereof perish ? but can the parliament upon mis-information passe us for enemies , and wee not therein perceive the designes of our enemies ? can wee be satisfied with a complement , when our fellow soldiers suffer at every assize , for acts meerly relating to the warre ? is it not our lives wee seek for ? where shall wee be secured , when the meer envy of a malicious person is sufficient to destroy us ? were our enemies in the field with their swords in their hands , wee should expect no more then a bare command , and a divine protection in our endevoures to free our selves but it is another ; and a farre worse enemy that wee have to deal with , who like foxes lurke in their dens ; and cannot be dealt with , though , discovered , being protected by those who are intrusted with the government of the kingdome ; it is the griefe of our hearts , that wee cannot desire our own security , without the hazard of your honours , if but in speaking in our behalfe : when shall we see justice dispenced without partiality , or when shall the weal publike be singly sought after & endevoured ; can this irish expedition be any thing else , but a design to ruine & break this army in peeces , certainly reason tels us it can be nothing else ; otherwise , why are not those who have bin made instruments in our countries deliverance , again be thought worthy to be employed ? or why are such ( who for their miscariages have been cast out of the army ) thought fit to be intrusted , and those members of the army encouraged and preferr'd to that service , when they are for the most part such , as ( had they considered their just demerrits ) might rather have expected an ejection then imployment : wee are sensible , yea , far more sensible of the bleeding condition of ireland , ( crying aloud for a brotherly assistance ) then those forward undertakers in this present designe manifest themselves to be , and shall willingly contribute the utmost of our abilities towards their reliefe , when wee shall see this to be the only thing sought after , and indevoured ; but wee are confident , that your honours cannot but perceive , that this plot is but a meer cloake , for some who have lately tasted of soveraignity , and being lifted beyond the ordinary spheare of servants , seek to become masters , and degenerate into tyrants : we are earnest therefore with your honours , to use your utmost endevours , that before any other or further propositions be sent to us , our expectations may be satisfied , which if they are not , wee conceive our selves , and our friends , as bad as destroyed , being exposed to the mercilesse cruelties of our malicious enemies , and shall your honour , or any other faithfull servant to the state , be appointed for the service of ireland , and accept of that imployment , we must of necessity ( contrary to our desires ) shew our selves averse to that service , untill our just desires be granted , the just rights and liberties of the subjects of england , vindicated and maintained ; ( and then ) as god and our owne consciences beare us witnesse , shall we testifie to the kingdom the integrity of our hearts to the service of ireland , and our forward actions shall demonstrate the sincerity of our expressions in reference to that imployment , once more we are earnest with your honours for your assistance , without it we are like to be wholly ruind , and having obtaind it , may be inabled , as in duty we are bound to expresse our selves . these three gentlemen soldiers whose names are hereto subscribed , delivered the letter in be halfe of the whole , edward sexby . will. allen . thomas sheppherd . your honours and the kingdomes most faithfull and obedient servants , whose names are here to annext , as agitating in behalfe of their severall regiments . the argument of master nicholas fuller, in the case of thomas lad, and richard maunsell, his clients wherein it is plainely proved, that the ecclesiasticall commissioners haue no power, by vertue of their commission, to imprison, to put to the oath ex officio, or to fine any of his maiesties subiects. fuller, nicholas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the argument of master nicholas fuller, in the case of thomas lad, and richard maunsell, his clients wherein it is plainely proved, that the ecclesiasticall commissioners haue no power, by vertue of their commission, to imprison, to put to the oath ex officio, or to fine any of his maiesties subiects. fuller, nicholas, - . [ ], p. imprinted [at william jones' secret press], [s.l.] : . printer identified by stc. running title reads: the argument of nicholas fuller. with one erratum on pi v. variant: with three errata. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng mansell, richard, th cent. lad, thomas. england and wales. -- ecclesiastical commissioners -- controversial literature. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john cords sampled and proofread - john cords text and markup reviewed and edited - pfs batch review (qc) and xml conversion the argvment of master nicholas fvller , in the case of thomas lad , and richard mavnsell , his clients . wherein it is plainely proved , that the ecclesiasticall commissioners haue no power , by vertue of their commission , to imprison , to put to the oath ex officio , or to fine any of his maiesties subiects . psal . . . be wise now therefore ye kings : be learned ye iudges of the earth . . chron. . . take heede what ye doe : for ye execute not the iudgments of man , but of the lord ; and he will be with you , in the cause and iudgment . prov. . . . deliver them that are drawne to death : and wilt thou not preserue them that are led to be slayne ? if thou say , behold , we knew not of it : he that pondereth the heartes , doth not he understand it ? and he that keepeth thy soule , knoweth he it not ? will not he also recompense every man according to his workes . imprinted . . the printer to the reader . christian reader , there came to my hands , by the good providence of god , this argument of m. fullers , accompanied with some few lines , wherin , as it should seeme , it was sent inclosed to a gentleman of good worth and worship on this side the seaes . having read it over , & perceiving it to be of very necessarie use for my countrimen ( whose good i desire from my heart , and whose welfare i take my selfe bound to procure , as i may , though now i be in a part farre remote from them ) i haue adventured to publish it to the view of the world : the rather , because therein both the uniust usurpation of the prelates over his maiesties subiects is notably discovered , and the lawes and liberties of the land ( the high inheritance of the subjects ) are worthily stood for and maintained , maugre the malice of the prelates ; who , as i heare studie , and striue , even with might and maine , to beare downe all before them , to the ruine of that sometime-flourishing church and common-wealth . how the publishing of it wil be liked i cannot tell ; how ever , i send it abroad to thy view even as it came to my handes : which i doe ( i professe in the presence of that great god ) altogither without the privitie either of the gentleman himselfe ( whose bandes i would be loth any maner of way to increase ) or of the silenced ministers , who haue felt the weight of these lawles proceedings too too long in the handes of the prelates . reade it , and consider well of it : and if thou reape any benefite by it , giue all the glorie to god alone ; who can , if it seeme so good unto him , by weake meanes bring great matters to passe . farewell . to my worshipfull frend . w.w. worshipfull sir , i send you here-inclosed the thing which you sent for so long since . what the drift of it is i understand in part , as having read it over . how well it is performed , i am not able to iudge , because it is out of my element . the gentleman arguing the case is knowne to many , but diversly both thought and reported of , upon occasion of his present troubles . his per●on and cause i leaue to them , to whom it belongeth iustly to determine of such great matters . but touching the poynt it selfe , i hope that as you ( out of the depth of your iudgment & great experience ) are able to speake much , both for the matter and manner of it , so you will not be unwilling to declare your minde , as occasion shal be offered , either in the like or dislike of it . and so having no more at this time to trouble your worship withall , but patiently waiting for your opinion herein ( if you so thinke it good ) and wishing alwayes all maner of good unto you , i humblie take my leaue . gentle reader , because the french ( quoted in this argument ) is somewhat mis-printed , and the latine ( though it be not much ) may yet notwithstanding stumble the simple and such as be unlearned : i haue thought it not amisse to english both the one and the other ; referring thee every where to the page , and line , where either of them is . pag. . line . because the kings power ought not to be wanting to holy church . ibid. line . . but by the lawful iudgment of his peeres , or the law of the land . pag. . line . as before , pag . line . ibidem line . &c. supplication is made to the most excellent and gratious prince , our lord the king , on the behalfe of your humble orators , the prelats and clergie of your kingdome of england , that whereas the catholike faith founded upon christ , and by his apostles , and church &c. which petitions of the prelates & clergie before expressed , our lord the king , with the consent of his nobles and other peeres of his realme assembled in present parliament , hath graunted : and in every of them according to the forme &c. pag. . line . also the commons pray , that sith it is conteyned in the great charter , that none should be arrested , or imprisoned , without answer , or due processe of law , which charter is confirmed in every parliament , &c. and besides they intreat , that if any be arrested or imprisoned contrary to the forme of the charter aforesayd , that he may come and appeare to his answer , and take his iudgment , even as the law requireth : also that no such arrest or imprisonment may be drawne into custome , to the destruction of the law of the king. ibidem , line . let the statutes , and the common law be kept . ibid. line . &c. also the commons beseech , that whereas a statute was made in the last parliament , in these words , it is ordeined in this parliament , that the kings commissions be directed to the sheriffes , and other officers of the king , or to other sufficient persons , after and according as the certificates of the prelates were wont to be in the chauncery , from time to time and that such preachers , their favourers , abettours &c. which was never assented unto , nor graunted by the commons , but that which was done therein was done without their assent , and so the statute is of no force . for it was never their meaning to iustifie it , nor to binde themselues , nor their successors , to the prelates any more then their auncestors had done in times past . it pleaseth the king. pag. . line . because no man is bound to betray himselfe . pag. . line . an oath in a mans owne cause is the devise of the devill , to throw the soules of poore men into hell. pag. . line . . nature is a preserver of it selfe . ibidem line . . without a certaine author of the bill exhibited no accusations ought to haue place , for it is both a thing of very evill example , and not the manner of these times . pag. . line . . &c. the king can doe nothing upon earth ( seeing he is the servant and lieuetenant of god ) but that which he may lawfully doe : because that power belongeth onely to god , but the power of doing wrong belongeth to the devill , and not to god , and the workes of which so ever of these the king shall doe , his servant he is . pag. . line . . condemned for what cause so ever . pag. . line . . we will not haue the lawes of england to be changed . gentle reader , in pag. . line . there is gone purused , for pursued , the which i pray thee to amend . the argvment of master nicholas fvller , in the case of thomas lad , and richard maunsell , his clients . wherein it is plainely proved , that the ecclesiasticall commisioners haue no power , by vertue of their commission , to imprison , to put to the oth ex officio , or to fine any of his maiesties subiects . the case . thomas lad , a marchant of yarmouth , in norfolke , was brought before the chauncellor of norwich , for a supposed conventicle ; because that he , on the sabbath dayes after the sermons ended , sojourning in the house of m. iackler in yarmouth , who was late preacher of yarmouth , joyned with him in repeating of the substance and heads of the sermons that day made in the church , at which thomas lad was usually present : and was forced upon his oath to answer certaine articles touching that meeting , which he could not see untill he was sworne ; and having answered vpon his oath twice before the chauncelor there , he was brought to lambeth before the ecclesiasticall commissioners , to make a further answer , upon a newe oath , touching the supposed conventicle : which he refused to doe , without sight of his former answers ( because he was charged with perjury ) and therefore was imprisoned by the commissioners a long time , & could not be bayled ; whereupon the writt of habeas corpus was granted out of the kings bench , to bring the prisoner to the barr. richard maunsell , the other prisoner , being a preacher , was charged to haue been a partaker in a petition exhibited to the nether house of the parliament : and for refusing to take the oth ex officio , to answer to certayne articles , which he could not be permitted to see , he was imprisoned by the cōmissioners at lambeth , where he remayned very long , and could not be bayled , and was brought to the barr , upon the writt of habeas corpus . these imprisonments of thomas lad , and richard maunsell by the cōmissioners , for the supposed contempts aforesayd , were unlawfull ( as the said nicholas fuller said ) and therefore he sayd that the prisoners ought to be discharged ; and , before he began his argument , he the sayd nicholas fuller did confesse , that it was a blessed thing , in all kingdomes , to haue the church , and common wealth to agree together as hippocrates twinnes : and the meanes to continue a perfect agreement betweene them was ( as he sayd ) to giue to caesar that which is caesars , and to god that which is gods. which right distribution of the iurisdiction of the church in england , and iurisdiction of the common lawes in england , sett forth and proved upon good groundes of the auncient lawes and statutes of the realme , would ( as he thought ) cōtinue a peace between the church and common wealth of england for ever ; which he desired from his heart , and it was his labour to effect by this his argument . wherin , for the better understanding of his purpose and drift of his argument , he did devide the same into . partes . and ( first because the ecclesiasticall cōmission is groūded upon the statute of anno . eliz. cap. . the title and intent of which statute is , the restoring to the crowne the auncient iurisdiction over the ecclisiasticall & spirituall office , and the abolishing of all forreyne iurisdiction repugnant to the same ) he declared what that auncient spirituall iurisdiction was , which was ment in that act to be restored , and by the cōmissioners to be executed ; and therein he proved , that the power to imprison subjects , to fine them , or to force them to accuse themselues upon their owne enforced oathes , there being no accuser knowne , was no parte of the auncient ecclesiasticall jurisdiction , nor used in england by any spirituall iurisdiction , before the statute of . hen. . cap. . which was procured by the popish prelats that the statute of . hen. . cap. . which first gaue authority to the bishopps to imprison subjects , fine thē , and force them to accuse themselues , was procured by the popish prelates in the time of darknes ( if not without a full consent of the cōmons , yet to their great mislike ) and that the sayd statute , and every thing in the same conteyned , is revoked , as being against the rule of equitie and common justice , and against the lawes of the lād , and very hatefull to all the subjectes of the realme : and in that . parte he proved , according to the words of the statute , that the oath ex officio was against the law of england , and against the rule of equitie and iustice . that the lawes of england are the high inheritance of the realme , by which both the king and the subjects are directed ; and that such grants , charters , and commissions , as tend to charge the body , lands , or goods of the subjects , otherwise then according to the due course of the lawes of the realme , are not lawfull , or of force , unles the same charters and commissions , doe receaue life and strength , from some act of parliament . that , in this commission ecclesiasticall , there are some thinges tending to charge the body , lands , & goods of the subjects , otherwise then according to the course of the lawes of the realme ; and especially in imprisoning them , fyning them , and forcing thē to accuse themselues ( upon their owne oath ) without any accuser . . that the act of parliament of anno. . elizab. cap. . whereupon the ecclesiasticall commission is founded . doth not giue life or strength to such partes of the commission , as concerne imprisonment of subjectes , fyning them , or forcing them to accuse themselues ; but doth make voyd and abolish the same , as repugnant to the ancient ecclesiastical jurisdiction which by the statute was to be restored . and so he sayd that the imprisonment of his clients was unlawfull & the proceeding of the commissioners , upon the oath ex officio , without an accuser , not warranted by law , but erroneous and voyd . touching the first parte of the division , which was to proue , that , before the statute of . hen. . cap. . the ordinaries had no power to imprison the subjects , or to fine them , it appeareth both by the preamble of that statute , where it is declared , that , before that time , they could not by their spirituall iurisdiction , without ayd of the royal majestie , sufficiently correct perverse people , who did contemne their spirituall jurisdiction and keyes of the church ( which was , at the uttermost , to locke them out of the church by excomunication ) and also by the booke case of . hen. . arguing upon that poynt of the same statute , where it is set forth , that the ordinaries , before the statute of . hen. . had no power to imprison subiects , but the keyes of the church : and the like is also confessed by the statute of . and . of philip and mary . which was made after the former statute of . hen. . was revoked by . hen. . cap. which doe shew as much , viz. that the ordinaries had no power but the keyes . and by the common law it is apparant , that when the ordinary or ecclesiasticall judge had proceeded so farr as they could , by excomunicating the offendor to locke him out of the church , then the cōmon law , upon significavit , did assist them by the writt of excōmunicato capiendo : quia potestas reg●● sacro sanctae ecclesiae d●●sse non debet , as is sayd in the register . but in this case the comō law still reteyned power to discharge the subjectes so imprisoned ( upon an excōmunicato capiendo ) without assent of the ordinary , both by the writt of cautione admittenda , and by the writt of scire facias , upon an appeale ; where a supersedeas was usually awarded , to discharge the person imprisoned , against the will of the ordinary . for the lawes of england did so much regard and preserue the liberty of the subjects , as that none should be imprisoned , nisi per legale iudicium parium suorum aut legem terrae , as it is sayd in magna charta cap. . which charter , by divers other statutes after , is confirmed , with such strong inforcements in some of them , as to make voyd such statutes , as should be contrary to magna charta . and , in the . ed. . the first article of the commons petition in parliament , was , that the great charter may in all poynts be observed , so as such persons as are neither appealed , indited , nor followed at the sute of the party , and haue their goodes , landes , or possessions taken away , may be restored thereunto agayne . whereunto the king answered thus . the king granteth for him & his heires that if any person cōmit an act against the forme of the great charter , or any other good lawe , and he shall answer in parliamēt or else where ; he ought to answer according to law . and therfore if any free subject were wrongfully imprisoned , the common law did not leaue him to an action of false imprisonment onely , but provided the writt de homine replegiando , to set him free of his imprisonment , vnles he were imprisoned for such particular cause , as is expressed in the same writt de homine replegiando : which writt is part of the subjectes inheritance , and should not be denyed them . and this freedome of the subjectes did make markham the iudge , in the . hen. . tit : prerog . . brook : declare that the king could not arrest a subject upon suspicion of felony , as a common person might doe ; because that against the one an action of false imprisonment would lye , but not against the king ( for the subiects liberty must be preserved ) and by the statute of win : . cap. . whosoever shall deteyne subjects in prison , who are bayleable by law , shal be grievously amerced . and to shew that it was thought an unmeete thing to leave power in the ordinaries to commit subjectes to prison , although they contemned their decrees never so much , appeareth partly by the statutes of . hen. . ca. . and . hen. . ca. . which were made after the revocation of the former statute of . hen. : by which latter statutes power is given to two iustices of peace , or to some of the honorable privie counsell , uppon certificate of the ordinary , to commit such offenders to prison , who should contemne the decrees of the ordinary : denying to the ordinary , that made the decree , that he should haue any such power to commit the subjects to prison : & in . eliz. ca. . which statute , not allowing excōmunicate persons to be imprisoned by any ecclesiastical iurisdiction , limits by very speciall manner , how they shall be apprehended by the tēporall power . for although the bishop of rome useth two swordes , the spirituall and temporall ; yet the common lawes of england , and the parliament in divers ages , thought not so meete , for the bishopps or ecclesiasticall iurisdiction in england to use two swordes , but according to the register , regia potestas sacro-sanclae ecclesiae d●●sse non deb●t . touching the second part ( wherin he was , to proue that the statute of . hen. . cap : : which first gaue authority to the ordinaries to imprison subjects , or to set fines on them , and force them to accuse themselues upon their owne oathes , was procured by the popish prelates in the time of darknes ) he sayd that the very act it selfe did very playnely shew it ; it being thus ; and where it is shewed to the king , on the behalfe of the prelates and clergie of england etc. and that the same was procured to suppresse the gospell , which then began to spring or revive , both the body of the act , and the booke of acts and monuments written by m. fox , and other chronicles doe shew it playnly ; for that those persons , whom they tearmed heretickes , preached in those dayes against the sacrament of the church , which was their masse . and that the sayd statute of . hen : . cap. . was procured by the prelats , with out assent of the commons , thus much appeareth by the records of the parliament , remayning in the tower. excellentissimo ac gratiosissimo principi , domino nostro regi , supplicatur , ex parte v●strorū humilium oratorum , prelatorum et cleri regni veslr● . angliae , quod cū fides catholica super christū sundata , et per apostolos suos , et ecclesiam etc. rehearsing all the words of the act. qu●s quidem petitiones prelatorum et cleri superius express●tas dominus u●ster rex , de cons●nsu magnatum , et aliorū procerū r●gni sui in presenti ꝑliamento existētiū concessit , et in singulis iuxta forma etc : wherin the commons are not mentioned . and it is the more likely that the cōmons gaue no assent to this statute of . hen : . both for that in the parliament rolls of the same yeare of . hen. . in the tower , there is to be seene the petition of the commons to the king , thus . item prient les comens , depuis q'uill est contenu en la grande chartre , quenul sera areste ne enprisone sans responce , ou due processe de la ley , quell chartre est conferme en charmi ꝑlement , et ore ils supplient , que si aucun soit areste ou enprisone encontre la forme d●l charte avant dict q̄ ill veigne , et appierge a sa responce , et preigne son iugement , sicome le ley demande , anssi q̄ null tiel areste ne imprisonement soit trait en̄ custome , en̄ destruction de la ley du roy. wherto the king answered . soient les statutes eila comen ley tenus ; as also for that the prelats had not long before procured an other act against the lolards , in anno . rich : . cap : . without assent of the commons ; as appeareth by the parliament rolles , in the tower , of anno . r. . which is thus . item supplient les comens , q̄ comē vn estatute suit sait en darrein ꝑlement , en ces paroles : ordone est en cest ꝑlement , q̄ comissions du roy soient directes a viscountes et autres ministres du roy , ou autres suffisantz persons , apreset selon que les certificates des prelates eut affaire in chancellerie , du temps en temp̄s , touts tiels precheurs c●lour fautours mamtenours . etc. la quel ne fuit unque assente , ne grante ꝑ les comens , mes ce q̄ fuit parle de ce ▪ fuit sans assent de lour q̄ celi estatue soit an●a ati car il nestoit mi lour entent iustisiez ne obliger lour ne lour successorers as prelates plus q̄ lour auncesstres nont este en temps passez . resp : il plest au r●● . and it is also reported by m. fox in the sayd booke of acts and monuments , that the same act of . hen. . ca. ● . was procured without assent of the commons ; and that the commons did greatly repyne at it frō time to time , many godly men writyng against it , some of them terming it a bloodie law , and a cruell law . and because the prelats ( out of the wordes of that law which gaue them power to imprison some suspected of heresie , untill they should canonically purg themselues ) did streinedly force subjectes without any accuser to accuse themselues , therfore the title of that act is sett downe in the booke of acts & monuments , the statute ex officio ; at which time it was not commonly used to giue titles to acts of parliament . and , to shew how much the subjectes misliked that kind of proceeding , appeareth by severall petitions of the subjectes to the kings of the realme , and to the house of parliament , by the statute of . hen. . cap. . by which statute it is sayd , that the proceeding by the oath ex officio , to force a man to accuse himselfe , is contrary to the rule of right and good equity , and contrary to the lawes of england , and unreasonable that , upon suspition conceaved upon the fantasye of the ordinaries , men should be forced to answer &c. and therefore they then revoked , and made voyd the statute of . hen. . cap : . and to proue , that , according to the opinion of that parliament house , the oath ex officio is against the lawes of england both ecclesiasticall & temporall , and against the rule of iustice and good equitie , he sayd , that by the lawes of england ( if a subject had been cyted , by the ordinary or ecclesiasticall iudge , pro salute aīae , which is the oath ex officio , to accuse himselfe ) a prohibition did lye at the cōmon law , and an attachment against the ordinary , if he did proceed in that case contrary to that prohibition ▪ as appeareth in eliz. h. fol. . and the statute of . h. 〈…〉 made soone after the sayd statute of . hen. . ( giving warrant to graunt a prohibition to the ordinary for default of a libell ) doth crosse the proceeding by oath ex offi●i● ; where he is forced to a libell , as appeareth . ●d . . fol. ● . and fitz. h. fol. . etc. and by the words of the statute of . edw. . cap. . ( which was made before those statutes procured by the prelates , when ordinaries had no power to imprison subjectes ) it is expressed , in what manner the proceeding should be against subjectes upon accusations , thus viz. it is assented & accorded , for the good governement of the commons , that no man be put to answer , without presentment before iustices , or thing of record , by due proces , and writt originall , according to the ould law of the land ; and if any thing be done from henceforth to the contrary ; it shal be voyd in law & holden for error ; wherin it is worthy the nothing , that it is sayd according to the old lawes of england . and to proue the old law of england to be so , the ordinary case of dayly experience , touching the challenge of iurors , doth sufficiently declare . for if the iuror be challenged for kindred to either of the parties , or for wāt of freehould , the iuror shall answer upon his oath , to cleare that matter ; because it toucheth not the iuror in losse or credit : but if the challenge doe tend to touch the iuror any way in his credit , or his losse , he shal not be forced , upon his oath , to answer , although his answer might tend to further iustice ; quia nemo tenetur prodere s●ipsum , as is ruled . edw. . fol. . and the case of wager of law , which is allowed to the defendant in no criminall case , which might bring imprisonment to the partie by the course of the common law as in trespas &c : but onely in debt and detinewe : and the statute of magna charta 〈◊〉 . . inacting , that no bailife shall put a man to his open law , nor to an oath , upon his owne bare saying , without faithfull witnesses brought in for the same , tōdoth to like effect : and s. edward cooke , in his argument made in slades case , sayd well , that in criminall causes ( iuramentū in propria causa est inventio diaboli ad detrudendum animas miserorum in infernum ) according to whose saying it appeareth , that when those oathes were used by the parties accused , by the border lawes between england & scotland , those oathes did bring no furtherance to the truth , but manifest perjury every day ; as was confessed by all that knewe the practise there : and therefore that manner of triall was soone rejected . and to proue it against iustice and good equity , he sayd that this oath ex officio , to force a man in a criminall cause to accuse himselfe , was ( he thought ) directly against the rule of the law of god. for it is sayd in deut. cap. . . that one witnes shall not arise against a man for any trespas , or for any sin , or for any fault that he offēdeth in ; but at the mouth of two witnesses or . . witnesses shall the matter be established . which rule is confirmed under the gospell , as appeareth math : . . . cor. . . where it is sayd , in the mouth of two or three witnesses shall every word stand ; and christ sayd to the woman accused of adultery , where be thine accusers ? &c. but without any witnes or accuser to establish the matter , upon the inforced oath of the partie , hath no coherence with the rule of gods law , which should be a direction to all christian princes in making of their lawes , we being now the people of god the iewes being cut of ; the iudgments being now the iudgments of god , and not of men alone . but here may be objected , that by the lawes of england one witnes is sufficient : to which he answered , that the iurors being all sworne to trie the particuler matter in fact , wherewith the party defendant is charged , may well supplie the want of one witnes , being persons in different , without any affinitie to either partie , who better knowe the witnesses then the iudge , and may perhaps know the cause in question , aswell as the witnes : which kinde of triall is so behouefull for the subjectes , as it may prevent much wrong and oppression from high authoritie , if the iurors be iust & faithfull persons , as they ought to be ; and their verdit also may be redressed by attaint , if they should doe wrong therein : which writts of attaint , and error , are parte of the subjectes inheritance . also this oath ex officio hath no coherence with the law of nature . for , as aristotle saith , natura est conservatrix sui , as is sayd in . edw , . fol. : but this tendeth to a mans owne overthrowe ; & it hath no coherence with the lawes of nations , as he gathered by the writing of traiane the emperour , being a very wise & just man ; who writing to plinie the second , his lievetenant of some provinces in asia minor , for direction in his governement , against those , who at that time were opposite to his religion , saith thus ( sine authore certo propositi libelli nulli crimini locū habere debent ; nam et pes●imi exempli , nec nostri seculi est ) according to which direction , felix the governer of the iewes under the emperor , when paul the apostle was brought before him , sayd to paul ; that he would heare him , when his accusers were come ; holding it as unjust , without an accuser , to charge him . and it is much worse then auricular confession ; because that is voluntary , this by constreint ; that to be concealed , this to be revealed to the parties shame ; that to induce pardon , this to induce punishment to himselfe . and where an oath should be the end of strife , this oath ex officio is often times the begining of strife ; yea it hath been so hatefull as some martyrs haue written against it , as a bloudie law ; and therefore not without just cause , that the whole estate assembled in parliament in an . . hen. . held it not to be agreeing with the rule of right and equity , and to be contrary to the lawes of england , and therfore revoked the sayd statute of . hen. . and did therby limitt another forme of proceeding against persons accused or suspected , thus , viz. upon inditement or two witnesses at the least ( according to gods law ) with wordes of restreint , not to proceed otherwise : since which time , no custome , or colour of prescription in the ecclesiasticall courts , can take place against that law , to uphold the oth ex officio in case of heresie . and touching fines , by the statute of articuli cleri cap. . by the register and by fitzh . natura brev . fo . . & . and by the statute of . edw. . cap. . it is so shewed , that , by auncient ecclesiasticall jurisdiction , they ought not to set fines of mony upon subjectes , unles it were upon cōmutation of penaunce ; so as it need no further proofe of that matter . the third matter which he endevored to proue , was , that the lawes of the kingdome of england , and the manner of proceeding in cases of law and justice , are setled in the realme , as parte of the inheritance of the subjectes , and rightly termed by some iudges in . hen : . fo : . to be the most high inheritance of the kingdome , by which both king and subjects are guided : & that without lawes there would be nether king nor inheritance in england . which lawes , by long continuance of time and good indeavor of many wise men , are so fitted to this people , and this people to them , as it doth make a sweete harmony in the goverment ; all things being as readily obeyed on the one parte which are agreeing to law , as they are willingly commanded on the other parte according to law : every officer , by the rule of the law , knowing the duties of their places , as sheriffes , bayliffes , a) constables , coroners , eschetors ; &c. the band of an oath , both for goverment and obedience , being mutually made on each parte . for the lawes in a common wealth are like the sinewes in a naturall body , by which the hand , foote , and other partes of the body doe readily moue , by the direction of the head ; but if the hand , or foote , be forced aboue the strength of the sinewe , it eyther taketh away the use of that parte , or els it maketh it a weake or halting member : so is it , if the lawes be streyned against any part of the comon wealth , aboue it right , and naturall strength , it will make that parte weake , or halting : and therefore it is excellently sayd in . hen. . fol. . in the com . fol. . and in the case of alton woodes , that the law admeasureth the kings prerogatiue , so as it shall not extend to hurt the inheritance of the subjectes on the on parte : and as bracton saith , nihil aliud potest rex in terris , cum sit dei minister et vicarius , quam quod de iure potest : quia illa potestas solius dei est ; potestas autem iniuriae diaboli est , et non dei ; et cuius horum opera ●ecerit rex , eius minister est . and the law doth restrayne the liberall wordes of the kings grant , for the benefit both of the king and the subjects , and to the great happines of the realme ; especially when the iudges are mē of courage , fearing god ; as is to be proved by many cases adjudged in these courtes of kings bench , and common-pleas ; which courtes are the principall preservers of this high inheritance of the law : whereof he rehearsed some few cases on the parte of the king , and on the part of the subjectes diverse cases ; as in . ass . p. . where the king did grant to i.s. & his heires , the manour of dale , & all the woodes , and underwoods , and mynes within the sayd mannor ; yet mynes of gold and silver did not passe : and in the . ass . the king did grant to . i.s. the goods and chattells of persons with ▪ in dale , qualitercunque damnatorum ; yet the goodes of persons attainted of treason did not passe , for the benefit of the king : because the same are so annexed to the crowne , as by no generall words they may passe frō the crowne , by the rule of law . and of late yeares what great benefite hath growne to the kings and queenes of this realme , upon construction , according to the rules of law , of the kings graunts , the case of alton woods , the statute lately made for confirmation of charters granted to the citizens of london , and the many cases preferred by tipper & his fellowes , doe sufficiently proue . and , on the other side , if any graunt or commission from the king doth tend to charge the body , landes , or goods of the subjects unlawfully , the iudges will redresse the same . for if the king graunt the lands or goods of . i. s ; that is so manifestly against law , as it needes no proofe . but ( he said ) he would put such cases as , being groūded upon prerogatiue , haue a shew of good to the common wealth , and yet are not allowable , because the tend to charge the subject , without the assent of the subject : as the case , ● . hen. . where the king did graunt an office of measuring of cloath in london to i. s. with a fee to be receaved for the same measuring : and although the office tend to further commutatiue iustice , whereof the power is in the king for weight and measure ; yet because this fee did tend to charge the subject , without his assent , it was adjudged , by the learned iudges , upon long debate , to be voyd : and the case of protection , . hen. . fol. . where the king did grant a protection to a. b. his servant , quia prosecturus , for a voyage to rome , for service of the king and common wealth for weightie causes , to continue for three yeares ; and yet it was disallowed by the iudges , because it was for three yeares , where , by the rules of the law , it should be but for one ; & because there was no exceptiō of dower , assise , and quare impedit which by law should haue been excepted : and that protection did not barr the subjects right , but only delayed his suite . and in . edw. : . nort. assise . . com . fol. . the king did pardon i.s. the making of a bridge : and because the subjectes had interest in the passage over that bridge : the kings pardon was not sufficient , to discharge i. s. frō the making therof . in the case of . ass . . a commission from the king , under the great seale of england , was directed to a. and b. to take i. s. and him imprison in the castle of p. and to take his goodes ; which was done accordingly by the cōmissioners : and because it was done without any inditment , or due course of law , the proceedings of the same commissioners were adjudged voyd . the like case was . ass . p. . where , upon the kings writt directed to the iustices of laborers , i.s. was indited for some thing not perteyning to the iustices of laborers , and therfore adjudged voyd , they having no cōmission so to doe . for although the sheriffe , or officer , cannot judge of the kings writt , but must execute it : yet the iudge may refuse to execute the same writt , when it is against law , or impossible to be done , according to . edw. . fol. . and in the . & . eliz. scrogges his case ; where a cōmission was awarded to some iudges , and persons of credit , to heare the cause concerning the office of exigent of london , which scrogges did challenge ; & if scrogges refused to submit himselfe to their order , to commit him to prison : upon which commission scrogges was cōmitted to prison ; and he was discharged , by the iudges , of his imprisonment , by writt of habeas corpus , because his imprisonment was not lawfull : which writs of habeas corpus are usually graunted in the sayd courts of kings bench , and common pleas , thereby to releeue the subjectes , which are many times in other courtes , and by some commissioners , unlawfully imprisoned : yea many times , although the commissions be grounded upon acts of parliamēt ▪ as the commission of sewers , the commission of banckrupts , and the ecclessiasticall commission : and many times they graunt prohibitions to the ecclesiasticall court , to the admirall court , and to the court of requests , and other inferior courts , when they exceed their authority . and many other cases he would haue put to proue those poynts , but that in a former argumēt made by him in the court of kings bench , against monopolie patents of m. darcie , mich. . eliz. all the iudges then seemed to yeeld the same to the law , without any doubt , as he conceived ; which high inheritance of the law the common wealth hath alwayes so preserved , as without act of parliament it cannot be changed , as appeareth by the answer of the barons , when the bishops sought to haue the law changed , touching children borne before mariage , although the mariage after ensued , to be held as bastards : the ll. sayd , nolumus leges angliae mutari ; and as is apparant by booke cases , where it is adjudged , that the king , by a non obstante may dispence with a statute law , but not with the cōmon law , nor alter the same as is adjudged . ass . p. . and bosoms case ; nor put the subjectes from their inheritance of the law , as is . hen. . fol. . which was alwayes accompted one of the great blessings of this land , to haue the law the meat-yeard , & the iudges the measurers . for , in all well governed common wealthes , religion and iustice are the two principall pillars , wherein the power of god appeareth ; and many times weake weomen doe rule , and command many thousand strong men , touching their liues , lands , and goods , without resistance ; which the loue and regard of iustice procureth . for the better proofe of the fourth part , he did reade verbatim the partes of the ecclesiasticall commission , which he thought to be against the lawes of england , and liberties of the subjects ; remembring first to marke and consider , how , whereas the whole drift of the act of parliament . . eliz cap. . was , to restore to the crowne the auncient iurisdiction over the ecclesiasticall & spirituall estate , and , for that purpose , did giue power to the ecclesiastical cōmissioners , to execute the premisses in the sayd act conteyned , for the correcting , and amending , and reforming of such heresies , errors , schismes , contempts , and enormityes , as by the ecclesiasticall lawes might lawfully be reformed , according to the tenour and effect of the sayd letters patents , this commissiō is since enlarged , and how it giveth power to the commissioners , to enquire not onely of the permisses , mentioned in the statute of . eliz. cap. . but also of all offences , and contemps : against the statute of . eliz. cap. . intituled , an act for uniformitie of common prayer , and service of the church , and administration of the sacraments , and of all offences , and contempts against these statuts following , which were all made since anno . eliz. viz. the statute of . eliz : ca : . intituled , an act for the assurance of the queenes maiesties power , over all states and subiectes , within her dominions ; the statute of : eliz : cap : . intituled , an act to reforme certayne disorders , touching the ministers of the church ; the statute of . eliz : cap : . intituled , an act to reteyne her maiesties subiects in their due obedience ; the statute of eliz. cap : . intituled , an act to restreyne some popish recusant to some certeyne places of aboad ; the statute of anno . . iacobi . intituled , an act for the due execution of the statutes against iesuits , seminaries , priests , recusants &c. also power is given to the cōmissioners , or any three or more of them , not only upon these penall lawes , and upon every offence therein conteyned , but also upon all seditious bookes , contempts , conspiracies , private conventicles , false rumors or tales , seditious misbehaviours , and many other civill offences particulerly named in the letters pattens , to call before them all and every offendor in any of the premisses , and all such , as , by them or any three or more of them , shall seeme to be suspected persons in any of the premisses ; and every of them to examine , upon their corporall oathes , touching every or any of the premisses , which they shall object against them ; and to proceede against them and every of them , as the nature and quality of the offence or suspicion , in that behalfe , shall require ; and to inquire of adulteries , fornications , outragious misbehaviours , and disorders in mariages , and of al other grievous and great crymes , and offences , within any parte of the realme , which are punishable or reformable by the ecclesiasticall lawes of this realme , according to the tenor of the lawes on that behalfe , or according to their wisedomes , and discretions , or the discretions of any three of them . the commissioners , or any three of them , are further authorized , willed , and commaunded to use and devise all such good , lawfull , reasonable , and convenient wayes , for the triall and searching out of all the premisses and proceedings therin , as by any three or more of them shall be thought most expedient , and necessary . they , or any . . or more of them , haue authority to order & award such punishment to every such offender , by fine , imprisonment , censures of the church , or other lawfull way , or by all or any of the sayd wayes ; and to take such order for the redresse of the same , as to the wisdomes and discretions of any three or more of them shall be thought meete , and convenient . for contempt in not appearance , or not obeying the decree of any three of them , they haue power to fine thē at their discretiōs , and to commit them to ward , there to remayne , untill , by any three of them , they shal be inlarged , according to their discretions . they haue power to take recognizance of every offendor ; and suspected person , aswell for their personall appearance , as for the performance of such orders & decrees , as to any three of them shall seeme reasonable , and convenient in that behelfe . they haue also power to commaund all & every sheriffes , iustices , and other officers , and subjects within this realme , in all places , aswell exempt as not exempt , by their letters and other proces , to apprehend , or cause to be apprehended , any person or persons , which they shall thinke meete to be convented , and take such bonds for their appearance , as any three of them shall prescribe , &c. or to committ them to prison . they haue power to execute the premisses , notwithstanding any appellation , provocation , priviledge , or exemption ; any lawes , statutes , proclamations , other grants , priviledges , or other ordinances , which be or may seeme contrary to the premisses , notwithstanding . vpon which parts of the sayd commission , being so indefinite without limitation or restraynt , he noted , that if the commission should be executed according to the letter thereof ; the subjects , notwithstanding any lawes or customes to the contrary , might be cited out of their owne dioces , yea from the furthest parte of the realme , for any cause , or suspicion conceaved by the commissioners , or any three of them , and forced to attend the commissioners , where they will appoynt , in time of harvest , or time of plague , with the danger of a mans life : as he was forced to attend many weekes in daunger of his life ; they refusing to delay the cause , untill the terme , upon any bayle or bond . and they may force any subject to appeare , at what dayes and howers any three of them shall appoynt , for such matters sometimes , as are more proper to be heard in other courts . and although the penalties of the statuts be never so great , as premunire , abiuration , forfeyture of lands & goodes , whereof some offences are by the same statute limitted to be tryed onely in the kings bench , yet the party suspected may be forced , by this commission , to accuse himselfe upon his owne oath , upon such captious interrogatories , as the witt of man can devise , when there is neyther accuser , nor libell of accusation : and that in many things they may inflict what punishment any three of them shal thinke meete in their discretions , and force men to performe such order as they shall make , by the parties bond , before any order made : and that their judgments , or decrees whatsoever , should not be subject to any writt of error , attaint , or appeale : and that they may devise meanes , at their owne discretion , for the triall and finding out of any the sayd offences . which kind of proceedinges how farr they doe differ from the common lawes of england , which is the inheritāce of the subjects , and what iarres & harsh tunes they make in the sweete harmony therof , setled by so long continuance , with a most happy successe , any wiseman may see , without any inforcement frō him ; and how much of this they doe dayly execute , he did leaue to see it . only so much as came under his owne viewe , he said , that , the last day of easter terme , he moved at the exchequer barre , for . persons , his clients , dwelling in yorkeshyre ; wherof som , as they told him , were very poore , who were fined by the ecclesiasticall cōmissioners for not appearing at their dayes appoynted , many of them to . pounds a peece , one only at ten , and all the rest at twenty a peece , which was not salvo contenemento , according to the statute of magna charta cap. . and one client , being an housholder in fleetestreete , named william goulder , prayed advise for his hard & close imprisonment many dayes , with great irons on him , by the commissioners , upon some suspition conceaved by some of the commissioners , that some person was hid in his house ; and was after freed without any conviction of his supposed offence . and because the sayd nicholas fuller did except against the commissioners , as not competent iudges , in their owne cause , of him and of his argument , made against them at the kings bench barre , they threatned to sett . pounds fine on him , and to imprison him . and when ( he finding their proceeding by the oath ex officio to vary from the common lawes , which he had long tyme practised ) he said to them , it seemed to him , that he was in a new world , or other common wealth : thereupon they threatned to imprison him , if he spake one word more to the disgrace of the commission . wherefore he held it strong , in his opinion ( because his majesties commission , which they terme high , is , by the true intent of the statute , only a commission executorie , but for so long time onely as shall please the king , and is no setled court for continuance for ever , as they would haue it , comparing the authority thereof with the kings bench , and preferring it aboue it ) that , in all the partes and poynts aboue rehearsed , the commission is not of force in law , nor warranted by law , except some act of parliamēt doe giue it life . and now touching the last and principall parte of his division , viz , that no act of parliament doth giue life to the commission ecclesiasticall , in the parts aboue mentioned , it is to be noted , that the commission is founded only upon the statute of an . . eliz. cap. . and that this act of an . . eliz. neyther doth , nor can giue life to this commission , by any right construction , in these partes aboue rehearsed , but contrarywise doth expresly abolish their iurisdiction to imprison subjectes , fyne them , and force them to accuse themselues , as repugnant to the auncient ecclesiasticall iurisdiction , which , by this act , is restored to the crowne : and he hoped to make that poynt so playne and apparant to all the hearers , that would attentiuely regard it , as that they might be fully satisfied therin . for , besides the booke cases , which he ment to put , in that poynt , to proue his assertion , he sayd , that the title in the act of an . . eliz. the preamble of the act , and the matter preceding the preamble in that act , and the body of that act , which giveth power to the commissioners to execute the premisses ( by colour wherof they challenge this great power to imprison subjectes etc. ) doe all concurre , by their being rightly applyed , to condemne and overthrowe these poynts of the commission ecclesiasticall , before spoken of and rehearsed by him , as unlawfull , and unjust . the title is , an act , restoring to the crowne the auncient iurisdiction over the ecclesiasticall and spirituall estate , and abolishing all forren iurisdiction , repugnant to the same . what the auncient iurisdiction over the ecclesiasticall and spirituall estate is , he hath sufficiently before declared , and proved it to be that ecclesiasticall jurisdiction ( viz. keyes or censures of the church ) which was lawfully vsed in englād , before the statute of . hen. . the uttermost whereof was , to locke men out of the church by excommunication , termed , the keyes of the church . which statute first gaue power to the ordinaries , to imprison subjects , to fine them , and force thē to accuse thēselues by their owne oathes , which was ever hatefull to the subjects of england . and to proue plainely , that this parliament of an . . eliz. ment to abolish that power to imprison subjectes , & force them to accuse themselues , the matter precedent before the preamble doth fully proue ; for that , in this very statute of an . . eliz. the law makers , as wise framers of a common wealth , before they goe about to annexe the auncient right ecclesiastical iurisdiction to the crowne , doe by expresse words , at the request of the subjects , establish and inact , that the statute of . rich : c●p . and . h. . cap. . ( which did giue authority to the ordinaries to imprison , fine , and force the subjects to accuse thēselues , as aboue ) and all and every branches , articles , clauses , and sentences conteyned in the sayd several statutes , and every of thē , should , from the last day of that parliament , he utterly repealed , voyd , and of none effect , any thing in the sayd severall acts , or any of them , conteyned , or any other matter or cause to the contrary notwithstanding . so as the imprisonment of the subjects , finyng of them , and forcing of them to accuse themselues , being the matters , branches , and articles of those statuts , howsoever they came into the power of the clergie of england , by these statutes or otherwise , being thought , by the parliament , to be repugnant to the auncient iurisdiction ecclesiasticall ( as revera they are being a temporall sword ) were repealed , and made voyd by expresse words of this statute of anno . eliz as repugnant to the auncient spirituall iurisdiction . and to make the meaning of the law-makers more apparant , that they allowed not , that any offences should be tried by the parties owne oath , but by witnesses ; as in the begīning of this statute of an . . eliz. cap. . it doth abolish the oath ex officio , by making voyd the statute of . h. . cap. . which first gaue life to that kind of proceeding ; so in the end of the sayd statute it addeth this clause , and be it further inacted by the authoritie aforesayd , that no person , or persons , shal be hereafter indited , or arraigned for any the offences , made , ordeyned , revived , or adiudged by this act , unlesse there be two sufficient witnesses , or more , to testifie and declare the sayd offence , whereof he shal be indited , etc. and the same witnesses , or so many of thē as shal be living , and within the realme , at the time of the arraignement of such persons so indited , shall be brought forth in person , face to face , before the partie so arraigned , and there shall testifie & declare what they can , against the party so arraigned , if he require the same . by which words sith it is playne , that no offence , ordeyned or revived by that statute , should receaue triall , but by two witnesses brought face to face ; that they mēt not to giue power , by any commission grounded upon that statute , to haue the offences of the subjectes ( which touch so deepe as premunire , abiuration , and forfeiture of lands and goodes ) should be tried by the parties owne forced oath , against his will , without any witnes or accuser , as this commission limitts ; and yet it is pretended to be grounded upon this statute . and therfore it were a most violent construction , and absurd , that the generall words in this statute , viz. to execute the premisses according to the tenor and effect of the letters patents , should reviue that by an intendment , which was , by so playne wordes of all the assemblie in parliament , revoked and abolished , as a most hatefull thing to the subjectes of england , and of which they ment to purge the church and ecclesiasticall goverment . for that were to make one parte of the statute contrary to the other , and to construe the wordes of the law , indefinitely sett downe , directly against the meaning of the law makers plainely expressed by wordes ; which iudges never did , nor , as he hoped , ever would doe . and the title and preamble of the statute doe further restrayne the overlarge construction of those generall wordes , to execute the premisses : because the premisses , being the auncient jurisdiction ecclesiasticall and spirituall , purged from that temporall iurisdiction , as aboue , is mēt to be restored onely over the ecclesiasticall and spirituall estate , and not over all the subjects of the realme ; and because , in the preamble , the commissioners , who are to be named , are inabled , touching ecclesiasticall or spirituall iurisdiction only , to reforme , correct , and amend all such heresies , errors , schismes , contempts , etc : which by any spirituall or ecclesiasticall power , authoritie , or iurisdiction , might lawfully be reformed , and not all abuses of the common wealth mētioned in their commssion , or any abuse not proper to the ecclesiasticall or spirituall iurisdiction , whereof there are many named in their commission , which are temporall iurisdictions , viz. to imprison and fine subjects , and to execute lawes upon thē ; for that the spirituall law should not meddle with that , for which there was remedye by common law , as is . edw. . fol. . and the statute of . edw. . cap : . and to proue , that the titles and preambles of other statutes doe many times , in construction of statutes , restrayne the generall words of the same statuts following , he put the case upon the statute of perjurie , anno . . eliz. where the wordes of the statute are , that every person and persons who shall commit voluntarie and corrupt periurie , shall forfeit twentie poundes . and because the preamble and matter precedent touched witnesses only , therefore that penaltie is restreyned , by construction , to charge witnesses onely therwith , and not such persons as shall commit voluntary and corrupt periurie , in their owne cases . and so upon the statute of . edward . . against receivers , bayliffs , etc. although the wordes of that statute extend generally , to lay a penaltie of . shillings . pence for every peny that receivours shall take unlawfully ; yet because the preamble of that statute touched only the kings officers , it is , in construction , restrayned to take force against the kinges officers onely , and against none other receivers , or bayliffes . and to conclude this poynt of the exposition of the wordes of the statute , he did demaund , why the exposition and construction of all statutes is left to the iudges of the law , but for this cause , for that they are , and alwayes haue been thought the most carefull , iudicious , and jelous preservers of the lawes of england ? and is it not apparant , that , to uphold the right of the lawes of england , the iudges in ages past haue advisedly construed some wordes of divers statutes contrary to the common sence of the words of the statute , to uphold the meaning of the common lawes of the realme ? as in the statute of . ed. . where it is sayd , that , non tenure of parcell shall abate the writt but for parcell ; yet if by the writt an entier manour be demaunded , non tenure of parcell shall abate the whole writt . and where , by the statute of marlbridg ca. . it is prohibited , that no distresse shal be driven out of the county where it is taken , yet , if one manour extend into two counties , there the distresse may be drivē from one county into another countie . and , upon the statute of prerogatiue , which toucheth the king , although the wordes be generall , that the king shall haue the custodie of all the landes of his tenaunt where parte is holden in capite , yet if part of the landes of his tenaunt doe descend to severall heyres , on the parte of the father , and on the parte of the mother , there the king shall not haue all the landes of his tenaunt , during the minoritie of the heire ; for that , in all these cases , the great regard of the rule and right of the common lawes doth controll the generall or common sence of the wordes of those statutes . and why then should this statute receiue construction , by the iudges of the law , contrary to the rule of all other statutes , to this effect , that by in intendment gathered out of the generall wordes of the act , according to the tenor of the say● letters pa●ents , there might be erected , in this common wealth of england , a course of an arbitrarie governement at the discretion of the commissioners , directly contrary to the happie long continued goverment and course of the common lawes of the realme , and directly contrary to magna charta : which if the statute of . edw. . did so highly regard , as to make voyd acts of parliament contrary to the same , it would , a fortiori , make voyd all construction of statuts contrary to magna charta , which haue no expresse wordes , but an intendement or construction of words , with much violence to be wrested to that end . and for such as would make such construction of the statute , as that whatsoever should be conteyned in the letters pattents should be as a law ; he would haue them remember , that the king may make new letters patents for these matters ( ecclesiasticall causes every day altering the same in the penalties and manner of proceeding ) and that , if the letter of the statute should be purused , the king may change the commissioners every day , and make any persons commissioners , being naturall borne subjectes to the king , although not borne in england : which were against the meaning of the act ; which meaning of the act is the life of the act , and not the letter of the act. and , besides those former errors of the commission before remembred , he sayd , that he did not see , how , by colour of the statute of . eliz. which gaue power to the commissioners to execute the premisses conteyned in that act , they should inlarge their patent to enquire of offences cōtrary to other statuts , made thirtie or fortie yeares , and more , after an . . eliz. which then were not dreamed of , nor meant to be any part of the premisses conteyned in the sayd statute of anno . . eliz. and of other civill and temporall thinges , for which if the ecclesiasticall court had held plea , a prohibition did lye at the common law , according to the statute of . edw. . cap : . and . ed. . fol . and in . hen. : fol : . brooke and fitzh . fol. . . hen. . because , for the same thinges , redresse may be had at the common lawes : and in . hen. . fol. . the bishops of the convocation house , for medling against doctor standish for a temporall cause by him disputed before the ll. of the councell , were adiudged , by all the iudges , to be in danger of premunire . but it wil be objected , that use is the best expositor of the statute : and then the continuance of this commission , since the statute of . eliz. being aboue . yeares , will prevaile much ; to which he answered , that long use , in a setled court , maketh it the law of the court ; and the iudgments in one court are not examinable in every other court , or in any , but in the proper court , by writt of error , false iudgement , or appeale : vnles the inferior court meddle with that which is not within their power ; and then in many cases their iudgment is coram non iudice , and so voyd . but this ecclesiasticall commission is but a commission executorie , by the intent of the statute of . eliz. to continue so long as should please the queene , or king , & no setled court : and was meāt at the first ( as he thought ) to haue continuance for a short time , to strengthen the authoritie of the bishops , against whose ordination and installmēt the papists did at the first except . in which cases of things done by cōmissions , whatsoever the cōmissioners doe , it is examinable in every court where it shall come in question , at any time after ; whether that they haue pursued their cōmission or authority , in due forme or no. for their decrees and sentences are not pleadable in law , as iudgments in courts of record are : and the many yeares use of the commissioners , especially being ecclesissticall men for the most parte , who know not the lawes of the realme , will giue no enforcement to their proceeding , if it be contrary to law . but as in this commission ( touching causes of premunire , abiuration , and other cases where the forfeiture of landes and goods doe ensue ) the commissioners ecclesiasticall say , they use not in these cases to force any subject to accuse themselues , although the words of their commission doe extend so farr ; because they see it apparantly contrary to law and right : so the iudges may say the like , that , in other cases of lesse penaltie ( to their knowledge ) untill of late yeares , the commissioners used not either to force any to accuse themselues , or to imprison them for refusing so to doe . and he did further answer , according to the learning and difference which is taken in . edw : . fol : . that albeit the allowance in oier of some commssion may be of great force to giue strength unto the same commission , yet the allowance , or toleration in some other court of such commissions many times ( if it after appeare to be contrary to law ) bindeth neither the right of the king , nor subjects , but that the iudges of the law may judge thereof according to law . vpon all which matters he did conclude , that although the commission be of force to execute the auncient iurisdiction over the ecclesiasticall and spirituall estate ; yet because this commission , and the proceedings of the commissioners , did much vary from the course of it is , in construction , restrayned to take force against the the ould common lawes of england , expressed in the statute of . edw : . cap. . and from the auncient iurisdiction ecclesiasticall ; for that no pretended custome , against those statutes which prohibite such kind of proceeding , can be of force ; and especially for that the act of parliament of . eliz. did not giue life or strength to the sayd commission , in those parts so varying , but the contrary : therefore he did hold the proceeding of the ecclesiasticall commissioners against the subjectes , by force of the sayd commission , in these poyntes , to be voyd , and erroneous , according to the wordes of the sayd statute . edw. . and did humblie pray , that his clients may be discharged from their imprisonment , and the subjects freed from such erroneous proceedings , too too heavie and burdensome to them . finis . lev. . . ye shall not doe uniustly in iudgment . thou shalt not favor the person of the poore , nor honor the person of the mightie ; but thou shalt iudge thy neighbour iustly . deut. . . ye shall haue no respect of person in iudgment , but shall heare the small , as well as the great : ye shall not feare the face of man ; for the iudgment is gods. notes, typically marginal, from the original text notes for div a -e fitz h. f. ● . ● edw. ● . cap. . in the tower amōgst the parliament 〈◊〉 . ●● . ● . 〈…〉 . fit●● . fo . e● . ● . fo . . ex-rotulo parliamenti , de an . . h. . petitio cleri c●ntra hereti●●s . 〈…〉 the petition of the commons . the answer of the king. act. & mo fol . act. & mō . fol. . 〈◊〉 . edw. . fol. . acts . . bra●● . fol. . cap. ●● . a) stamf. fol. ●● . . hen. . fo . . com . fol. . . ed. ● . ●● . . fitz h.f. . h. . prohib . bosomes case cooke fol. . junii, . it is this day ordered by the commons house of parliament, that the high-constables of the severall hundreds in the counties of berks, buckingham, middlesex, and surrey, in whose divisions any sick and maymed souldiers of the parliaments army are or shall be billeted ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) junii, . it is this day ordered by the commons house of parliament, that the high-constables of the severall hundreds in the counties of berks, buckingham, middlesex, and surrey, in whose divisions any sick and maymed souldiers of the parliaments army are or shall be billeted ... england and wales. parliament. house of commons. sheet ([ ] p.). s.n., [london : ] other title information from first lines of text. signed at end: hen. elsynge, cler. parl. d. com. publication information from wing ( nd ed.). reproduction of original in: birmingham central reference library (birmingham, england). eng england and wales. -- army -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england -- london -- th century. a r (wing e a). civilwar no junii, . it is this day ordered by the commons house of parliament, that the high-constables of the severall hundreds in the counties england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion . junii , . it is this day ordered by the commons house of parliament , that the high-constables of the severall hundreds in the counties of berks , buckingham , middlesex , and surrey , in whose divisions any sick and maymed souldiers of the parliaments army are or shall be quartered or billeted , do take speciall care that the said souldiers be furnished , and supplyed with lodging and bedding , fitting for men in their condition : and the said high-constables are hereby authorised and required to send their vvarrants and precepts to the petty-constables of all towns neer adjoyning to those towns and houses where the said souldiers are quartered , for the bringing in of bedding , if need require , for the use of the said souldiers , till it shall please god to restore them to health . and it is further ordered , that the committee for sequestration of the severall counties above mentioned , out of such bedding as by vertue of the ordinance of parliament for sequestration , shall be seized for the use of the common-wealth , shall deliver so much thereof as shall be needfull , to the treasurers appointed by this house for maymed souldiers , or to such as they shall appoint , for the use of the said fick and wounded men : and that the high-constables shall take care to restore such bedding as shall be by them supplyed , to the owners thereof ; as also , that the above mentioned treasurers for maymed souldiers , do take care that the bedding by them received from the committee for sequestration , be not imbezilled , but carefully kept and accompted for to the use and service of the common-wealth . hen. elsynge , cler. parl. d. com.